Assembly Bill A7453A

2021-2022 Legislative Session

Relates to second felony drug offenders; repealer

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2021-A7453 - Details

See Senate Version of this Bill:
S6638
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §70.70, rpld §70.70 sub 4, Pen L; amd §216.00, CP L
Versions Introduced in 2023-2024 Legislative Session:
A1317, S301

2021-A7453 - Summary

Relates to second felony drug offenders.

2021-A7453 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7453
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 10, 2021
                                ___________
 
 Introduced  by M. of A. AUBRY -- 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  Subdivision 4 of section 70.70 of the penal law is REPEALED.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.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10599-02-1

2021-A7453A (ACTIVE) - Details

See Senate Version of this Bill:
S6638
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §70.70, rpld §70.70 sub 4, Pen L; amd §216.00, CP L
Versions Introduced in 2023-2024 Legislative Session:
A1317, S301

2021-A7453A (ACTIVE) - Summary

Relates to second felony drug offenders.

2021-A7453A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7453--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 10, 2021
                                ___________
 
 Introduced  by M. of A. AUBRY -- read once and referred to the Committee
   on Codes -- recommitted to the Committee on Codes in  accordance  with
   Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 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.
                                                            LBD10599-04-2

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