Senate Bill S2633

2017-2018 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 Senate Committee Rules Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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
Votes

co-Sponsors

2017-S2633 (ACTIVE) - Details

See Assembly Version of this Bill:
A6542
Current Committee:
Senate Rules
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: S613
2011-2012: S2944
2013-2014: S2298
2015-2016: S4515
2019-2020: S365
2021-2022: S5242
2023-2024: S4324

2017-S2633 (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.

2017-S2633 (ACTIVE) - Sponsor Memo

2017-S2633 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2633
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2017
                                ___________
 
 Introduced by Sens. LANZA, LARKIN -- 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.
   § 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.
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. 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.

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