senate Bill S2298

2013-2014 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 -


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

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Actions

view actions (15)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 11, 2014 referred to codes
delivered to assembly
passed senate
May 28, 2014 advanced to third reading
May 21, 2014 2nd report cal.
May 20, 2014 1st report cal.899
Jan 08, 2014 referred to codes
returned to senate
died in assembly
Jun 13, 2013 referred to codes
delivered to assembly
passed senate
Jun 12, 2013 ordered to third reading cal.1315
committee discharged and committed to rules
Jan 15, 2013 referred to codes

Votes

view votes

May 20, 2014 - Codes committee Vote

S2298
12
2
committee
12
Aye
2
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Codes Committee Vote: May 20, 2014

nay (2)
aye wr (2)

Jun 17, 2013 - Rules committee Vote

S2298
21
2
committee
21
Aye
2
Nay
1
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Rules committee vote details

Jun 12, 2013 - Rules committee Vote

S2298
21
2
committee
21
Aye
2
Nay
1
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Rules committee vote details

S2298 - Details

See Assembly Version of this Bill:
A4966
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 Previous Legislative Sessions:
2011-2012: S2944, A10427
2009-2010: S613, A7809

S2298 - 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.

S2298 - Sponsor Memo

S2298 - Bill Text download pdf

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

                                  2298

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 15, 2013
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed 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 TITLE  UPON  CONVICTION  OF  A

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05443-01-3

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