S T A T E O F N E W Y O R K
________________________________________________________________________
4427
2019-2020 Regular Sessions
I N A S S E M B L Y
February 4, 2019
___________
Introduced by M. of A. DenDEKKER -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law, in relation to requiring sentences for
violent felonies committed after arraignment but prior to the imposi-
tion of sentence on a pending felony charge to run consecutive to the
sentence for the original felony
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2-b of section 70.25 of the penal law, as
amended by chapter 3 of the laws of 1995, is amended to read as follows:
2-b. When a person is convicted of a violent felony offense committed
after arraignment [and while released on recognizance or bail], but
committed prior to the imposition of sentence on a pending felony
charge, and if an indeterminate or determinate sentence of imprisonment
is imposed in each case, such sentences shall run consecutively.
Provided, however, that the court may, in the interest of justice, order
a sentence to run concurrently in a situation where consecutive
sentences are required by this subdivision if it finds either mitigating
circumstances that bear directly upon the manner in which the crime was
committed or, where the defendant was not the sole participant in the
crime, the defendant's participation was relatively minor although not
so minor as to constitute a defense to the prosecution. The defendant
and the district attorney shall have an opportunity to present relevant
information to assist the court in making this determination and the
court may, in its discretion, conduct a hearing with respect to any
issue bearing upon such determination. If the court determines that
consecutive sentences should not be ordered, it shall make a statement
on the record of the facts and circumstances upon which such determi-
nation is based.
§ 2. Subdivision 2-b of section 70.25 of the penal law, as added by
chapter 559 of the laws of 1982, is amended to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07999-01-9
A. 4427 2
2-b. When a person is convicted of a violent felony offense committed
after arraignment [and while released on recognizance or bail], but
committed prior to the imposition of sentence on a pending felony
charge, and if an indeterminate sentence of imprisonment is imposed in
each case, such sentences shall run consecutively. Provided, however,
that the court may, in the interest of justice, order a sentence to run
concurrently in a situation where consecutive sentences are required by
this subdivision if it finds either mitigating circumstances that bear
directly upon the manner in which the crime was committed or, where the
defendant was not the sole participant in the crime, the defendant's
participation was relatively minor although not so minor as to consti-
tute a defense to the prosecution. The defendant and the district attor-
ney shall have an opportunity to present relevant information to assist
the court in making this determination and the court may, in its
discretion, conduct a hearing with respect to any issue bearing upon
such determination. If the court determines that consecutive sentences
should not be ordered, it shall make a statement on the record of the
facts and circumstances upon which such determination is based.
§ 3. This act shall take effect immediately; provided, however, that
the amendments to subdivision 2-b of section 70.25 of the penal law made
by section one of this act shall be subject to the expiration and rever-
sion of such subdivision pursuant to section 74 of chapter 3 of the laws
of 1995, as amended, when upon such date the provisions of section two
of this act shall take effect.