New York A 6043: Relates to causing the death of a police officer

Bill Text

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A06043 Summary:

BILL NOA06043 

&nbsp

SAME ASSAME AS S01245

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SPONSORLunsford

&nbsp

COSPNSRPheffer Amato, Kay, McDonald

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MLTSPNSR

&nbsp

Amd §§259 & 259-i, Exec L

&nbsp

Revokes community supervision for certain conduct involving kidnapping, coercion, firearms, dangerous weapons, and other conduct.

Go to top A06043 Actions:

BILL NOA06043 

&nbsp

02/26/2025referred to correction

01/07/2026referred to correction

Go to topA06043 Committee&nbspVotes:

Go to topA06043 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA06043 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 6043

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 26, 2025
 ___________

 Introduced by M. of A. LUNSFORD -- read once and referred to the Commit-
 tee on Correction

 AN ACT to amend the executive law, in relation to revoking community
 supervision for certain conduct

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Subdivisions 6 and 7 of section 259 of the executive law,
 2 as added by chapter 427 of the laws of 2021, are amended to read as
 3 follows:
 4 6. "Technical violation" means any conduct that violates a condition
 5 of community supervision in an important respect, other than the commis-
 6 sion of a new felony or misdemeanor offense under the penal law or
 7 conduct that violates a specific condition of community supervision in
 8 an important respect and such conduct may result in serious harm to the
 9 releasee or others.
 10 7. "Non-technical violation" means: (a) the commission of a new felony
 11 or misdemeanor offense; or (b) conduct that violates a specific condi-
 12 tion of community supervision and such conduct may result in serious
 13 harm to the releasee or others; or (c) conduct by a releasee who is
 14 serving a sentence for an offense defined in article [130] one hundred
 15 thirty of the penal law (sex offenses), article one hundred thirty-five
 16 of the penal law (kidnapping, coercion and related offenses), article
 17 two hundred sixty-five of the penal law (firearms and other dangerous
 18 weapons) or section 255.26 or 255.27 of such law, and such conduct
 19 violated a specific condition reasonably related to such offense and
 20 efforts to protect the public from the commission of a repeat of such
 21 offense including any violation of article six-C of the correction law.
 22 § 2. Subparagraph (xii) of paragraph (f) of subdivision 3 of section
 23 259-i of the executive law, as amended by chapter 427 of the laws of
 24 2021, is amended to read as follows:
 25 (xii) For each violation found, the presiding officer may (A) direct
 26 that the releasee be restored to supervision; (B) as an alternative to
 27 reincarceration, direct the releasee receive re-entry services in the
 28 community from qualified nonprofit agencies; or (C) direct the viola-

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03040-01-5

 A. 6043 2

 1 tor's reincarceration and for non-technical violations fix a date for
 2 consideration by the board for re-release on presumptive release, or
 3 parole or conditional release, as the case may be; or (D) for non-tech-
 4 nical violations in the case of persons released to a period of post-re-
 5 lease supervision, direct the violator's reincarceration up to the
 6 balance of the remaining period of post-release supervision, not to
 7 exceed five years; provided, however, that a defendant serving a term of
 8 post-release supervision for a conviction of a felony sex offense
 9 defined in section 70.80 of the penal law may be subject to a further
 10 period of imprisonment up to the balance of the remaining period of
 11 post-release supervision, shall apply for technical violations; and the
 12 following limitations:
 13 (1) Absconding. For absconding up to [seven] thirty days reincarcera-
 14 tion may be imposed for the first violation, up to [fifteen] sixty days
 15 reincarceration may be imposed for the second violation, and up to
 16 [thirty] ninety days reincarceration may be imposed for the third or any
 17 subsequent violation, provided, however, that no releasee shall be rein-
 18 car