STATE OF NEW YORK ________________________________________________________________________ 301 2023-2024 Regular Sessions IN SENATE (Prefiled) January 4, 2023 ___________ Introduced by Sens. SALAZAR, BRISPORT, 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 Subdivision 4 of section 70.70 of the penal law is REPEALED. 7 § 3.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. LBD00510-01-3