assembly Bill A10427

2011-2012 Legislative Session

Provides for revocation of probation where a person is convicted of a new offense while such person is under probation supervision for a felony offense

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 29, 2012 referred to codes

A10427 (ACTIVE) - Details

See Senate Version of this Bill:
S2944
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§60.01 & 70.25, Pen L; amd §§410.10, 410.70 & 410.90, CP L
Versions Introduced in Other Legislative Sessions:
2009-2010: A7809, S613
2013-2014: A4966, S2298
2015-2016: S4515
2017-2018: S2633
2019-2020: S365

A10427 (ACTIVE) - Summary

Provides for revocation of probation where a person is convicted of a felony or an offense in another jurisdiction which if committed in this state would constitute a felony, while the defendant is under probation supervision for a felony offense.

A10427 (ACTIVE) - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10427

                          I N  A S S E M B L Y

                              May 29, 2012
                               ___________

Introduced by M. of A. CUSICK -- read once and referred to the Committee
  on Codes

AN  ACT  to  amend  the  penal  law  and  the criminal procedure law, in
  relation to revocation of probation and re-sentencing upon  conviction
  of a felony while under probation supervision for a felony conviction

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 4 of section 60.01 of the penal law, as amended
by chapter 548 of the laws of 1984, is amended to read as follows:
  4. In any case where a person  has  been  sentenced  to  a  period  of
probation imposed pursuant to section 65.00 of this chapter, if the part
of  the  sentence that provides for probation is revoked, the court must
sentence such person to imprisonment or to the sentence of  imprisonment
and  probation  as  provided  for in paragraph (d) of subdivision two of
this section.   PROVIDED, HOWEVER, THAT WHERE  A  PERSON  WHO  HAS  BEEN
SENTENCED TO A PERIOD OF PROBATION UPON CONVICTION OF A FELONY IS SUBSE-
QUENTLY  CONVICTED  OF A FELONY OR IS CONVICTED OF AN OFFENSE IN ANOTHER
JURISDICTION WHICH IF COMMITTED IN THIS STATE WOULD CONSTITUTE A FELONY,
WHICH SUBSEQUENT FELONY IS COMMITTED WHILE  UNDER  HIS  OR  HER  PRESENT
PROBATION  SUPERVISION,  AND A NEW INDETERMINATE OR DETERMINATE SENTENCE
IS IMPOSED FOR SUCH SUBSEQUENT FELONY, THE PART  OF  THE  SENTENCE  THAT
PROVIDED  FOR  PROBATION  SHALL  BE  REVOKED  AND  SUCH  PERSON SHALL BE
SENTENCED TO A TERM OF IMPRISONMENT OF OVER ONE YEAR.  SUCH  TERM  SHALL
RUN CONSECUTIVELY TO THE TERM OF IMPRISONMENT IMPOSED FOR THE SUBSEQUENT
FELONY, UNLESS THE COURT DETERMINES THAT MITIGATING CIRCUMSTANCES EXIST,
IN  WHICH CASE THE COURT MUST PLACE SUCH CIRCUMSTANCES ON THE RECORD AND
A CONCURRENT SENTENCE MAY BE IMPOSED.
  S 2.  Section 70.25 of the penal law is amended by adding a new subdi-
vision 6 to read as follows:
  6. WHERE A PERSON WHO HAS BEEN SENTENCED  TO  A  PERIOD  OF  PROBATION
IMPOSED  PURSUANT  TO SECTION 65.00 OF THIS CHAPTER UPON CONVICTION OF A
FELONY IS SUBSEQUENTLY CONVICTED OF A  FELONY  OR  IS  CONVICTED  OF  AN
OFFENSE  IN  ANOTHER JURISDICTION WHICH IF COMMITTED IN THIS STATE WOULD
CONSTITUTE A FELONY, WHICH SUBSEQUENT FELONY IS  COMMITTED  WHILE  UNDER

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.