S 5892: 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.

  
  STATE OF NEW YORK ________________________________________________________________________ 5892 2025-2026 Regular Sessions  IN SENATE March 3, 2025 ___________ Introduced by Sen. LANZA -- 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 revocation of probation and re-sentencing upon conviction of a felony while under probation supervision for a felony conviction The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 4 of section 60.01 of the penal law, as amended 2 by chapter 548 of the laws of 1984, is amended to read as follows: 3 4. In any case where a person has been sentenced to a period of 4 probation imposed pursuant to section 65.00 of this [chapter] title, if 5 the part of the sentence that provides for probation is revoked, the 6 court must sentence such person to imprisonment or to the sentence of 7 imprisonment and probation as provided for in paragraph (d) of subdivi- 8 sion two of this section. Provided, however, that where a person who 9 has been sentenced to a period of probation upon conviction of a felony 10 is subsequently convicted of a felony or is convicted of an offense in 11 another jurisdiction which if committed in this state would constitute a 12 felony, which subsequent felony is committed while under such person's 13 present probation supervision, and a new indeterminate or determinate 14 sentence is imposed for such subsequent felony, the part of the sentence 15 that provided for probation shall be revoked and such person shall be 16 sentenced to a term of imprisonment of over one year. Such term shall 17 run consecutively to the term of imprisonment imposed for the subsequent 18 felony, unless the court determines that mitigating circumstances exist, 19 in which case the court must place such circumstances on the record and 20 a concurrent sentence may be imposed. 21 § 2. Section 70.25 of the penal law is amended by adding a new subdi- 22 vision 6 to read as follows: 23 6. Where a person who has been sentenced to a period of probation 24 imposed pursuant to section 65.00 of this title upon conviction of a EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10511-01-5 
 S. 5892 2 1 felony is subsequently convicted of a felony or is convicted of an 2 offense in another jurisdiction which if committed in this state would 3 constitute a felony, which subsequent felony is committed while under 4 such person's present probation supervision, and a new indeterminate or 5 determinate sentence is imposed for such subsequent felony, the part of 6 the sentence that provided for probation shall be revoked, and such 7 person shall be sentenced to a term of imprisonment of over one year. 8 Such term shall run consecutively to the term of imprisonment imposed 9 for the subsequent felony, unless the court determines that mitigating 10 circumstances exist, in which case the court must place such circum- 11 stances on the record and a concurrent sentence may be imposed. 12 § 3. Subdivision 2 of section 410.10 of the criminal procedure law is 13 amended to read as follows: 14 2. Commission of an additional offense, other than a traffic infrac- 15 tion, after imposition of a sentence of probation or of conditional 16 discharge, and prior to expiration or termination of the period of the 17 sentence, constitutes a ground for revocation of such sentence irrespec- 18 tive of whether such fact is specified as a condition of the sentence. 19 Conviction of a subsequent felony or of an offense in another jurisdic- 20 tion which if committed in this state would constitute a felony, while 21 the defendant is under probation supervision for a felony offense, shall 22 result in revocation of probation upon imposition of an indeterminate or 23 determinate sentence for the subsequent offense. 24 § 4. Subdivision 1 of section 410.70 of the criminal procedure law, as 25 amended by chapter 17 of the laws of 2014, is amended to read as 26 follows: 27 1. In general. The court may not revoke a sentence of probation or a 28 sentence of conditional discharge, or extend a period of probation, 29 unless (a) the court has found that the defendant has violated a condi- 30 tion of the sentence or (b) the defendant while under probation super- 31 vision imposed upon conviction of a felony has been convicted of a 32 subsequent felony, or is convicted of an offense in another jurisdiction 33 which if committed in this state would constitute a felony, and [(b)] 34 (c) the defendant has had an opportunity to be heard pursuant to this 35 section. The defendant is entitled to a hearing in accordance with this 36 section promptly after the court has filed a declaration of delinquency 37 or has committed [him] such defendant or has fixed bail pursuant to this 38 article. 39 § 5. Subdivision 1 of section 410.90 of the criminal procedure law, as 40 amended by chapter 238 of the laws of 1980, is amended to read as 41 follows: 42 1. The court may at any time terminate either a period of probation, 43 other than a period of lifetime probation, for conviction to a crime or 44 a period of conditional discharge for an offense, except that conviction 45 of a subsequent felony or conviction of an offense in another jurisdic- 46 tion which if committed in this state would constitute a felony, which 47 subsequent felony is committed while under such person's present 48 probation supervision for a felony offense, shall result in revocation 49 of probation upon imposition of an indeterminate or determinate sentence 50 for the subsequent offense pursuant to subdivision four of section 60.01 51 of the penal law, and shall not result in the termination of probation. 52 § 6. This act shall take effect on the ninetieth day after it shall 53 have become a law.