New York S 5892: Provides for revocation of probation where a person is convicted of a new offense while such person is under probation supervision for a felony offense

Bill Text

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S05892 Summary:

BILL NOS05892 

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SAME ASNo Same As

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SPONSORLANZA

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COSPNSR

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MLTSPNSR

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Amd §§60.01 & 70.25, Pen L; amd §§410.10, 410.70 & 410.90, CP L

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Provides for revocation of probation where a person is convicted of a felony or an offense in another jurisdiction which if committed in this state would constitute a felony, while the defendant is under probation supervision for a felony offense.

Go to top S05892 Actions:

BILL NOS05892 

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03/03/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS05892 Committee&nbspVotes:

Go to topS05892 Floor&nbspVotes:

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

Go to topS05892 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5892

 2025-2026 Regular Sessions

 IN SENATE

 March 3, 2025
 ___________

 Introduced by Sen. LANZA -- 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 revocation of probation and re-sentencing upon conviction
 of a felony while under probation supervision for a felony conviction

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

 1 Section 1. Subdivision 4 of section 60.01 of the penal law, as amended
 2 by chapter 548 of the laws of 1984, is amended to read as follows:
 3 4. In any case where a person has been sentenced to a period of
 4 probation imposed pursuant to section 65.00 of this [chapter] title, if
 5 the part of the sentence that provides for probation is revoked, the
 6 court must sentence such person to imprisonment or to the sentence of
 7 imprisonment and probation as provided for in paragraph (d) of subdivi-
 8 sion two of this section. Provided, however, that where a person who
 9 has been sentenced to a period of probation upon conviction of a felony
 10 is subsequently convicted of a felony or is convicted of an offense in
 11 another jurisdiction which if committed in this state would constitute a
 12 felony, which subsequent felony is committed while under such person's
 13 present probation supervision, and a new indeterminate or determinate
 14 sentence is imposed for such subsequent felony, the part of the sentence
 15 that provided for probation shall be revoked and such person shall be
 16 sentenced to a term of imprisonment of over one year. Such term shall
 17 run consecutively to the term of imprisonment imposed for the subsequent
 18 felony, unless the court determines that mitigating circumstances exist,
 19 in which case the court must place such circumstances on the record and
 20 a concurrent sentence may be imposed.
 21 § 2. Section 70.25 of the penal law is amended by adding a new subdi-
 22 vision 6 to read as follows:
 23 6. Where a person who has been sentenced to a period of probation
 24 imposed pursuant to section 65.00 of this title upon conviction of a

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD10511-01-5

 S. 5892 2

 1 felony is subsequently convicted of a felony or is convicted of an
 2 offense in another jurisdiction which if committed in this state would
 3 constitute a felony, which subsequent felony is committed while under
 4 such person's present probation supervision, and a new indeterminate or
 5 determinate sentence is imposed for such subsequent felony, the part of
 6 the sentence that provided for probation shall be revoked, and such
 7 person shall be sentenced to a term of imprisonment of over one year.
 8 Such term shall run consecutively to the term of imprisonment imposed
 9 for the subsequent felony, unless the court determines that mitigating
 10 circumstances exist, in which case the court must place such circum-
 11 stances on the record and a concurrent sentence may be imposed.
 12 § 3. Subdivision 2 of section 410.10 of the criminal procedure law is
 13 amended to read as follows:
 14 2. Commission of an additional offense, other than a traffic infrac-
 15 tion, after imposition of a sentence of probation or of conditional
 16 discharge, and prior to expiration or termination of the period of the
 17 sentence, constitutes a ground for revocation of s