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A06429 Summary:

BILL NOA06429
 
SAME ASSAME AS S05681
 
SPONSORRomero
 
COSPNSRGonzalez-Rojas, Gallagher, Valdez, Burdick, Hevesi, Levenberg
 
MLTSPNSR
 
Amd §70.70, rpld §70.70 sub 4, Pen L; amd §216.00, CP L
 
Relates to second felony drug offenders.
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A06429 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6429
 
SPONSOR: Romero
  TITLE OF BILL: 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   PURPOSE: To ensure that all individuals facing drug charges are treated similar- ly, without regard to prior non-drug related convictions.   SUMMARY OF PROVISIONS: Section 1: Amends paragraph (a) of subdivision 3 of section 70.70 of the penal law, as amended by section 23 of part AAA of chapter 56 of the laws of 2009. Section 2: Repeals subdivision 4 of section 70.70 of the penal law. Section 3: Amends paragraph (a) of subdivision 1 of section 216.00 of the criminal procedure law, as added by section 4 of part AAA of chapter 56 of the laws of 2009. Section 4: Sets forth the effective date.   JUSTIFICATION: When the Rockefeller drug laws were revised in 2004 and 2009, sentences were reduced for people charged with drug crimes, positive steps forward in New York in regard to the goal of transforming the criminal legal system to be more humane and just. However, an anomaly in these reforms was the new provision requiring that people charged with non-violent drug offenses who had a prior violent felony conviction had their sentences enhanced (Penal Law 70.70 (4)). This had never previously been required. People charged with drug crimes are the only people charged with non-violent offenses whose sentences are enhanced because a predi- cate felony conviction was for a violent crime. In the 2009 Rockefeller drug law revisions, these individuals were made ineligible for the judi- cial diversion program even though it has been demonstrated that commu- nity-based drug treatment is a far more effective and cost-effective way to reduce recidivism than incarceration, thus benefiting not just the individual but also their communities and the public at large. New York must repeal 70.70 (4), so as to realign New York's sentencing laws, allowing individuals charged with drug crimes to be treated iden- tically with individuals charged with other non-violent offenses, basing sentences on their current offenses and not prior criminal history. CPL 216.00 must also be amended, making these individuals eligible for the judicial diversion program so judges can send them to treatment rather than incarceration when that is appropriate. Because individuals with prior violent felony convictions are not eligible for merit time, both CPL 216.00 (1) (a) (i) and (ii) and a portion of (iii) must be stricken in order to make these individuals eligible for the judicial diversion program. These amendments will move New York one step closer to meeting the current calls for criminal legal system reforms and social justice.   RACIAL JUSTICE AND SOCIAL JUSTICE IMPACT: Given the systemic racism in the criminal legal system, these laws no doubt have a disproportionate impact on New York's Black and Latinx communities, as they are disproportionately arrested and convicted for drug offenses far beyond their population and drug usage rates. This bill, to repeal PL 70.70 (4), and amend CPL § 216.00, would move New York one step closer to addressing inequities in the legal system.   AMENDED BILL: The "A" print of the bill makes two technical changes as recommended by the Office of Court Administration Criminal Law Advisory Committee, which issued a memorandum expressing general support for this bill. These amendments clarify that there would still be an exclusion from diversion programs (unless the prosecutor consents) for all individuals previously convicted of Class A felonies, not just those convicted of drug-related Class A felonies and the amendments also clarify the effec- tive date to be applicable solely for individuals sentenced after the effective date.   LEGISLATIVE HISTORY: A7453 2022-2023 New Bill   FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DATE: This act will take effect immediately and shall apply to cases where a sentence is imposed on or after the effective date.
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