STATE OF NEW YORK
________________________________________________________________________
5106
2013-2014 Regular Sessions
IN SENATE
May 10, 2013
___________
Introduced by Sen. NOZZOLIO -- (at request of the Office of Court Admin-
istration) -- read twice and ordered printed, and when printed to be
committed to the Committee on Codes
AN ACT to amend the penal law, in relation to criteria for determining
prior felony offender status
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subparagraph (ii) of paragraph (b) of subdivision 1 of
2 section 70.06 of the penal law, as added by chapter 277 of the laws of
3 1973, is amended to read as follows:
4 (ii) Sentence upon such prior conviction must have been imposed before
5 commission of the present felony. For purposes of this subparagraph,
6 where a defendant has been resentenced following either a motion to set
7 aside a sentence or an appeal of the sentence, on the ground that the
8 sentence was not legally authorized for the offense of which defendant
9 was convicted, and where the underlying conviction has not been
10 disturbed, the sentence date shall be considered the initial sentence
11 following the conviction;
12 § 2. Subparagraph (ii) of paragraph (b) of subdivision 1 of section
13 70.04 of the penal law, as added by chapter 481 of the laws of 1978, is
14 amended to read as follows:
15 (ii) Sentence upon such prior conviction must have been imposed before
16 commission of the present felony. For purposes of this subparagraph,
17 where a defendant has been resentenced following either a motion to set
18 aside a sentence or an appeal of the sentence, on the ground that the
19 sentence was not legally authorized for the offense of which defendant
20 was convicted, and where the underlying conviction has not been
21 disturbed, the sentence date shall be considered the initial sentence
22 following the conviction;
23 § 3. Subparagraph (ii) of paragraph (b) of subdivision 1 of section
24 70.10 of the penal law is amended to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09852-01-3
S. 5106 2
1 (ii) that the defendant was imprisoned under sentence for such
2 conviction prior to the commission of the present felony. For purposes
3 of this subparagraph, where a defendant has been resentenced following
4 either a motion to set aside a sentence or an appeal of the sentence, on
5 the ground that the sentence was not legally authorized for the offense
6 of which defendant was convicted, and where the underlying conviction
7 has not been disturbed, the sentence date shall be considered the
8 initial sentence following the conviction; and
9 § 4. This act shall take effect immediately, and shall apply to all
10 criminal actions commenced on or after such effective date.
