S T A T E O F N E W Y O R K
________________________________________________________________________
6429
2025-2026 Regular Sessions
I N A S S E M B L Y
March 4, 2025
___________
Introduced by M. of A. ROMERO -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law and the criminal procedure law, in
relation to second felony drug offenders; and to repeal subdivision 4
of section 70.70 of the penal law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (a) of subdivision 3 of section 70.70 of the
penal law, as amended by section 23 of part AAA of chapter 56 of the
laws of 2009, is amended to read as follows:
(a) Applicability. This subdivision shall apply to a second felony
drug offender [whose prior felony conviction was not a violent felony].
§ 2. Subdivision 4 of section 70.70 of the penal law is REPEALED.
§ 3. Paragraph (a) of subdivision 1 of section 216.00 of the criminal
procedure law, as added by section 4 of part AAA of chapter 56 of the
laws of 2009, is amended to read as follows:
(a) within the preceding ten years, excluding any time during which
the offender was incarcerated for any reason between the time of commis-
sion of the previous felony and the time of commission of the present
felony, has previously been convicted of[: (i) a violent felony offense
as defined in section 70.02 of the penal law or (ii) any other offense
for which a merit time allowance is not available pursuant to subpara-
graph (ii) of paragraph (d) of subdivision one of section eight hundred
three of the correction law, or (iii)] a class A felony offense [defined
in article two hundred twenty of the penal law]; or
§ 4. This act shall take effect immediately and shall apply to cases
where a sentence upon a conviction is imposed on or after such effective
date.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06486-01-5
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