STATE OF NEW YORK ________________________________________________________________________ 1317 2023-2024 Regular Sessions IN ASSEMBLY January 17, 2023 ___________ Introduced by M. of A. AUBRY -- read once and referred 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 Subdivision 4 of section 70.70 of the penal law is REPEALED. 7 § 3.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. LBD00510-01-3