Bill > S05681

This bill modifies provisions related to second felony drug offenders by making several key changes to existing New York state law. Specifically, the bill removes language that previously exempted second felony drug offenders whose prior felony conviction was not a violent felony, effectively broadening the scope of who can be classified as a second felony drug offender. The legislation also simplifies the criteria for identifying repeat offenders by eliminating complex language about violent felony offenses and merit time allowances, and instead focuses on whether an offender has previously been convicted of a class A felony within the past ten years (not counting time spent incarcerated). The bill repeals a specific subdivision (subdivision 4) of section 70.70 of the penal law, which likely contained more detailed restrictions on sentencing for repeat drug offenders. The changes will apply to any cases where sentencing occurs on or after the bill's effective date, meaning it will immediately impact future criminal proceedings involving potential second felony drug offenders.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/S5681