New York S 5681: Relates to the establishment of the care demonstration program

Bill Text

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S05681 Summary:

BILL NOS05681 

&nbsp

SAME ASSAME AS A06429

&nbsp

SPONSORSALAZAR

&nbsp

COSPNSRBRISPORT, FERNANDEZ, GONZALEZ, JACKSON, MYRIE

&nbsp

MLTSPNSR

&nbsp

Amd §70.70, rpld §70.70 sub 4, Pen L; amd §216.00, CP L

&nbsp

Relates to second felony drug offenders.

Go to top S05681 Actions:

BILL NOS05681 

&nbsp

02/27/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS05681 Committee&nbspVotes:

Go to topS05681 Floor&nbspVotes:

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

Go to topS05681 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5681

 2025-2026 Regular Sessions

 IN SENATE

 February 27, 2025
 ___________

 Introduced by Sens. SALAZAR, BRISPORT, GONZALEZ, JACKSON -- read twice
 and ordered printed, and when printed to be committed 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:

 1 Section 1. Paragraph (a) of subdivision 3 of section 70.70 of the
 2 penal law, as amended by section 23 of part AAA of chapter 56 of the
 3 laws of 2009, is amended to read as follows:
 4 (a) Applicability. This subdivision shall apply to a second felony
 5 drug offender [whose prior felony conviction was not a violent felony].
 6 § 2. Subdivision 4 of section 70.70 of the penal law is REPEALED.
 7 § 3. Paragraph (a) of subdivision 1 of section 216.00 of the criminal
 8 procedure law, as added by section 4 of part AAA of chapter 56 of the
 9 laws of 2009, is amended to read as follows:
 10 (a) within the preceding ten years, excluding any time during which
 11 the offender was incarcerated for any reason between the time of commis-
 12 sion of the previous felony and the time of commission of the present
 13 felony, has previously been convicted of[: (i) a violent felony offense
 14 as defined in section 70.02 of the penal law or (ii) any other offense
 15 for which a merit time allowance is not available pursuant to subpara-
 16 graph (ii) of paragraph (d) of subdivision one of section eight hundred
 17 three of the correction law, or (iii)] a class A felony offense [defined
 18 in article two hundred twenty of the penal law]; or
 19 § 4. This act shall take effect immediately and shall apply to cases
 20 where a sentence upon a conviction is imposed on or after such effective
 21 date.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06486-01-5

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