Home/Bills/S 5681New York · 2025–2026 Legislative Session
Senate BillIntroduced

S 5681: Relates to second felony drug offenders.

New York · Senate · 2025–2026 Legislative Session · last verified May 11, 2026

What S 5681 does, verified May 11, 2026

The bill aims to modify the state's penal law and criminal procedure law to address second felony drug offenders. It applies to individuals with a prior felony conviction that is not a violent felony. The bill repeals the current provision that restricts the consideration of prior convictions for certain types of offenses. As a result, the bill allows law enforcement to consider a broader range of prior convictions when determining sentencing for second felony drug offenders. The changes take effect immediately, applying to cases where a sentence is imposed on or after the effective date.

Bill journey
1IntroducedCurrent
2In CommitteePending
3First Chamber FloorPending
4Second ChamberPending
5GovernorPending
6ChapteredPending
Last action: REFERRED TO CODES (2026-01-07)Alert me
Quick answers about S 5681
What is the current status of S 5681?
As of May 11, 2026, S 5681 is recorded as "Introduced": it has been introduced and is waiting for its first committee hearing or floor vote. The last recorded action, on January 7, 2026, was "REFERRED TO CODES".
Did S 5681 pass?
Not yet. S 5681 has been introduced and has not passed either house.
Who wrote S 5681, and where is it now?
S 5681 was authored by Sen. Julia Salazar with 5 coauthors. Its committee of record is Senate Codes.
Author and sponsors
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Coauthors
Zellnor MyrieJabari BrisportKristen GonzalezRobert JacksonNathalia Fernandez
Recent actions2 total · showing 2
Jan. 07, 2026REFERRED TO CODES
Feb. 27, 2025REFERRED TO CODES
Latest bill textIntroduced version, February 27, 2025 · 377 words
  
  STATE OF NEW YORK ________________________________________________________________________ 5681 2025-2026 Regular Sessions  IN SENATE February 27, 2025 ___________ Introduced by Sens. SALAZAR, BRISPORT, GONZALEZ, JACKSON -- read twice and ordered printed, and when printed to be committed 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: 1 Section 1. Paragraph (a) of subdivision 3 of section 70.70 of the 2 penal law, as amended by section 23 of part AAA of chapter 56 of the 3 laws of 2009, is amended to read as follows: 4 (a) Applicability. This subdivision shall apply to a second felony 5 drug offender [whose prior felony conviction was not a violent felony]. 6 § 2. Subdivision 4 of section 70.70 of the penal law is REPEALED. 7 § 3. Paragraph (a) of subdivision 1 of section 216.00 of the criminal 8 procedure law, as added by section 4 of part AAA of chapter 56 of the 9 laws of 2009, is amended to read as follows: 10 (a) within the preceding ten years, excluding any time during which 11 the offender was incarcerated for any reason between the time of commis- 12 sion of the previous felony and the time of commission of the present 13 felony, has previously been convicted of[: (i) a violent felony offense 14 as defined in section 70.02 of the penal law or (ii) any other offense 15 for which a merit time allowance is not available pursuant to subpara- 16 graph (ii) of paragraph (d) of subdivision one of section eight hundred 17 three of the correction law, or (iii)] a class A felony offense [defined 18 in article two hundred twenty of the penal law]; or 19 § 4. This act shall take effect immediately and shall apply to cases 20 where a sentence upon a conviction is imposed on or after such effective 21 date. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06486-01-5 
Text of S 5681 as introduced, from the official record. Connect Plus keeps every version and highlights what changed.Compare versions
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