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

Current Bill Status - In Senate Rules Committee


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

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Actions

view actions (10)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 20, 2018 committed to rules
Jun 04, 2018 advanced to third reading
May 31, 2018 2nd report cal.
May 30, 2018 1st report cal.1408
Jan 03, 2018 referred to codes
Jun 21, 2017 committed to rules
Jun 05, 2017 advanced to third reading
May 24, 2017 2nd report cal.
May 23, 2017 1st report cal.1310
Jan 13, 2017 referred to codes

Votes

view votes

May 30, 2018 - Codes committee Vote

S2633
12
1
committee
12
Aye
1
Nay
2
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Codes committee vote details

Codes Committee Vote: May 30, 2018

nay (1)
aye wr (2)
excused (1)

May 23, 2017 - Codes committee Vote

S2633
13
2
committee
13
Aye
2
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Codes Committee Vote: May 23, 2017

nay (2)
aye wr (1)

Co-Sponsors

S2633 - Details

See Assembly Version of this Bill:
A6542
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:
2015-2016: S4515
2013-2014: S2298
2011-2012: S2944
2009-2010: S613

S2633 - 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.

S2633 - Sponsor Memo

S2633 - 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.
  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.
                                                           LBD02456-01-7

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