S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7715
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 20, 2021
                                ___________
 
 Introduced by M. of A. CRUZ -- (at request of the Office of Court Admin-
   istration) -- read once and referred to the Committee on Codes
 
 AN  ACT  to  amend  the  criminal procedure law, in relation to allowing
   predicate felony offenders to be sentenced as first  felony  offenders
   with the consent of the district attorney and the court

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 5 of section 220.10 of the  criminal  procedure
 law is amended by adding a new paragraph (i) to read as follows:
   (I)  (I)  NOTWITHSTANDING ANY CONTRARY PROVISION OF ARTICLE SEVENTY OF
 THE PENAL LAW, IN ANY CASE WHERE THE DEFENDANT APPEARS TO  BE  A  SECOND
 FELONY  OFFENDER  OR  A  SECOND FELONY DRUG OFFENDER PURSUANT TO SECTION
 400.21 OF THIS PART,  A  SECOND  VIOLENT  FELONY  OFFENDER  PURSUANT  TO
 SECTION  400.15  OF  THIS  PART  OR A PERSISTENT VIOLENT FELONY OFFENDER
 PURSUANT TO SECTION 400.16 OF THIS PART, THE DEFENDANT MAY ENTER A  PLEA
 OF  GUILTY  WITH A PROMISED LAWFUL SENTENCE FOR SUCH CONVICTION WHICH IS
 APPLICABLE TO A CONVICTION WITHOUT ANY SUCH PREDICATE STATUS, UNDER  THE
 CONDITIONS  OUTLINED IN THIS SUBDIVISION. THE COURT SHALL TREAT ANY SUCH
 PROMISE IN THE SAME MANNER AS IT WOULD ANY OTHER LAWFUL SENTENCE PROMISE
 IN CONNECTION WITH A PLEA.
   (II) THE SENTENCING OF A DEFENDANT PURSUANT TO ANY SUCH PLEA SHALL NOT
 IMPACT WHETHER ANY CONVICTION IS CONSIDERED A PREDICATE FELONY OR PREDI-
 CATE VIOLENT FELONY CONVICTION UNDER  THE  PENAL  LAW  OR  THE  CRIMINAL
 PROCEDURE  LAW  FOR ANY REASON OTHER THAN THE LAWFUL TERM OF THE IMPOSED
 SENTENCE UNDER THIS SUBDIVISION. THE PEOPLE MAY REQUIRE, AS A  CONDITION
 OF  ANY  SUCH PLEA, THAT THE DEFENDANT BE ADJUDICATED AS A SECOND FELONY
 OFFENDER, SECOND FELONY DRUG OFFENDER, SECOND VIOLENT FELONY OFFENDER OR
 PERSISTENT VIOLENT FELONY OFFENDER, AS THE CASE MAY BE, OR MAY WAIVE ANY
 SUCH ADJUDICATION, PROVIDED, HOWEVER, THAT IF  THE  PEOPLE  REQUIRE  ANY
 SUCH  ADJUDICATION AND THE DEFENDANT HAS NOT AGREED TO IT AS A CONDITION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09742-01-1
              

 A. 7715                             2
 
 OF THE PLEA, THE DEFENDANT MAY WITHDRAW ANY GUILTY  PLEA  PRIOR  TO  THE
 IMPOSITION OF THE SENTENCE.
   (III) A PLEA OF GUILTY MAY ONLY BE ENTERED UNDER THIS SUBDIVISION WITH
 BOTH  THE  PERMISSION  OF  THE COURT AND THE CONSENT OF THE PEOPLE WHEN,
 UPON REVIEW OF THE NATURE AND CIRCUMSTANCES OF THE CRIMINAL CONDUCT, THE
 AVAILABLE EVIDENCE AND THE HISTORY AND CHARACTER OF THE  DEFENDANT,  THE
 PROSECUTOR  AND  THE  COURT  ARE  OF THE OPINION THAT THE PLEA IS IN THE
 INTERESTS OF JUSTICE. THE FACTORS WARRANTING THE PLEA SHALL BE PLACED ON
 THE RECORD; HOWEVER, THE FAILURE TO DO SO SHALL NOT ENTITLE THE  DEFEND-
 ANT TO HAVE THE PLEA OF GUILTY SET ASIDE.
   §  2.  This act shall take effect immediately and shall apply to pleas
 entered on or after such date.