Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Mar 03, 2022 |
advanced to third reading cal.454 |
Mar 01, 2022 |
reported |
Jan 05, 2022 |
referred to codes |
May 25, 2021 |
reported referred to rules |
May 20, 2021 |
referred to codes |
Assembly Bill A7715
2021-2022 Legislative Session
Sponsored By
CRUZ
Archive: Last Bill Status - On Floor Calendar
- 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
Actions
co-Sponsors
David Weprin
2021-A7715 (ACTIVE) - Details
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd §220.10, CP L
2021-A7715 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7715 2021-2022 Regular Sessions I N A S S E M B L Y May 20, 2021 ___________ Introduced by M. of A. CRUZ -- (at request of the Office of Court Admin- istration) -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to allowing predicate felony offenders to be sentenced as first felony offenders with the consent of the district attorney and the court THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 5 of section 220.10 of the criminal procedure law is amended by adding a new paragraph (i) to read as follows: (I) (I) NOTWITHSTANDING ANY CONTRARY PROVISION OF ARTICLE SEVENTY OF THE PENAL LAW, IN ANY CASE WHERE THE DEFENDANT APPEARS TO BE A SECOND FELONY OFFENDER OR A SECOND FELONY DRUG OFFENDER PURSUANT TO SECTION 400.21 OF THIS PART, A SECOND VIOLENT FELONY OFFENDER PURSUANT TO SECTION 400.15 OF THIS PART OR A PERSISTENT VIOLENT FELONY OFFENDER PURSUANT TO SECTION 400.16 OF THIS PART, THE DEFENDANT MAY ENTER A PLEA OF GUILTY WITH A PROMISED LAWFUL SENTENCE FOR SUCH CONVICTION WHICH IS APPLICABLE TO A CONVICTION WITHOUT ANY SUCH PREDICATE STATUS, UNDER THE CONDITIONS OUTLINED IN THIS SUBDIVISION. THE COURT SHALL TREAT ANY SUCH PROMISE IN THE SAME MANNER AS IT WOULD ANY OTHER LAWFUL SENTENCE PROMISE IN CONNECTION WITH A PLEA. (II) THE SENTENCING OF A DEFENDANT PURSUANT TO ANY SUCH PLEA SHALL NOT IMPACT WHETHER ANY CONVICTION IS CONSIDERED A PREDICATE FELONY OR PREDI- CATE VIOLENT FELONY CONVICTION UNDER THE PENAL LAW OR THE CRIMINAL PROCEDURE LAW FOR ANY REASON OTHER THAN THE LAWFUL TERM OF THE IMPOSED SENTENCE UNDER THIS SUBDIVISION. THE PEOPLE MAY REQUIRE, AS A CONDITION OF ANY SUCH PLEA, THAT THE DEFENDANT BE ADJUDICATED AS A SECOND FELONY OFFENDER, SECOND FELONY DRUG OFFENDER, SECOND VIOLENT FELONY OFFENDER OR PERSISTENT VIOLENT FELONY OFFENDER, AS THE CASE MAY BE, OR MAY WAIVE ANY SUCH ADJUDICATION, PROVIDED, HOWEVER, THAT IF THE PEOPLE REQUIRE ANY SUCH ADJUDICATION AND THE DEFENDANT HAS NOT AGREED TO IT AS A CONDITION EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09742-01-1
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