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
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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.