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Bill > S05892


NY S05892

NY S05892
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.


summary

Introduced
03/03/2025
In Committee
03/03/2025
Crossed Over
Passed
Dead

Introduced Session

2025-2026 General Assembly

Bill Summary

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

AI Summary

This bill provides for the mandatory revocation of probation when a person under probation supervision for a felony offense is subsequently convicted of another felony, either in New York or in another jurisdiction that would constitute a felony in New York. Under the new provisions, when such a subsequent felony conviction occurs, the probation will be automatically revoked, and the individual will be sentenced to a prison term of over one year. This prison term is to be served consecutively with the new felony sentence, unless the court finds and records mitigating circumstances that would justify a concurrent sentence. The bill amends several sections of New York's penal and criminal procedure laws to codify this new approach, which aims to strengthen accountability for individuals on probation who commit additional serious offenses. The changes ensure that committing a new felony while on probation for a previous felony will result in more stringent legal consequences, with the presumptive penalty being additional imprisonment served on top of the sentence for the new offense.

Committee Categories

Housing and Urban Affairs

Sponsors (1)

Last Action

REFERRED TO CODES (on 03/03/2025)

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