senate Bill S643A
(R, C, IP) 22nd Senate District
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
Establishes crime of aggravated criminal conduct to provide more severe penalties for persons who have committed 3 or more qualifying misdemeanors or felonies within ten years of the present class A misdemeanor offense.
TITLE OF BILL:
to amend the criminal procedure law and the penal law, in relation to
aggravated criminal conduct
To enhance public safety by providing appropriately severe punishment
for those who repeatedly commit misdemeanor crimes. Specifically, the
bill would strengthen existing law by creating the crime of
aggravated criminal conduct, thereby enabling courts to impose felony
sanctions on persistent misdemeanor offenders.
SUMMARY OF PROVISIONS:
Sections 1 and 3 of the bill would amend section 180.60(8) and
190.30(3-a) of the Criminal Procedure Law respectively, to include
criminal history records among the types of records that are
admissible in hearings upon felony complaints and grand jury
proceedings. In order to be admissible, such records must be
certified by a person designated by the commissioner of the division
of criminal justice services as the person to certify such records.
Section 2 would amend section 190.32(2-a) of the Criminal Procedure
Law to provide that electronic transmissions of criminal history
records are admissible in hearings upon felony complaints and grand
jury proceedings under certain conditions.
Section 4 would amend the Penal Law by adding a new section 240.75,
which would create the new crime of Aggravated Criminal Conduct, an E
felony. A person would commit the Crime of Aggravated Criminal
Conduct when he or she: (1) commits an A misdemeanor defined in the
and (2) has been previously subjected to three or more qualifying
misdemeanor or felony convictions within the preceding ten years.
For purposes of determining whether a person has been previously
subjected to three or more qualifying misdemeanor or felony
convictions within the preceding ten years, the following conditions
(1) each conviction must have been for a felony, a class A misdemeanor
defined in the Penal Law, or a crime in another jurisdiction for
which a sentence of at least one year was and is authorized in New
York; (2) sentence must have been imposed on each of the prior
convictions before commission of the present misdemeanor offense; (3)
a suspended sentence,
suspended execution of sentence, sentence of probation, sentence of
parole supervision, and sentence of conditional or unconditional
discharge are deemed to be a sentence; (4) each sentence must have
been imposed not more than ten years before the commission of the
present offense except that periods of time spent in confinement toll
the ten year limitation; (5) an offense for which a defendant has
been pardoned on the ground of innocence is not deemed to be a
and (6) prior convictions for which concurrent sentences were imposed
are deemed to be only one conviction.
Section 5 provides that the act shall take effect immediately.
Under current law, although offenders who commit multiple felonies
reasonably receive enhanced penalties for their repeated felony
conduct, offenders who commit multiple misdemeanors generally do not.
Public safety is better protected and promoted by requiring persistent
offenders to serve enhanced sentences. While there have been historic
decreases in crime across New York State since 1995, repeat
misdemeanants continue to plague our streets and communities, often
receiving little or no punishment for the offenses they commit. While
current law adequately recognizes the harm caused by repeat felony
offenders by mandating enhanced penalties, it does not adequately
address the problem of misdemeanor recidivism.
A significant majority of those convicted of misdemeanors every year
have at least one prior conviction and disturbingly large minority
had more than ten prior convictions. Although some of these offenders
have criminal histories dating back to the 1970s, few have received
meaningful sanctions. Regrettably, current law has afforded these
offenders a license to commit misdemeanor offenses virtually without
penalty. For many of these offenders, crime is a way of life. Their
rap sheets are their resumes and although their crimes are not
traditional felony crimes, the constant and repetitive nature of
their offenses can be equally damaging to society.
Law-abiding citizens should not be forced to endure the crimes of
chronic misdemeanor offenders. The bill, therefore, creates the new
felony offense of aggravated criminal conduct and punishes
appropriately those who repeatedly commit misdemeanor offenses. Under
the bill, an offender who commits his or her fourth misdemeanor (or
felony) after having been previously convicted of three or more
misdemeanors (or felonies) within the previous ten years will be
punished as an E felon and will face up to four years in state prison.
Recognizing the challenges prosecutors may face ensuring that repeat
misdemeanor cases are handled properly, the bill also provides that
criminal history records, when certified by a person designated by
the Commissioner of the Division of Criminal Justice Services as the
person to certify such records, including electronic transmissions of
such records, are admissible in felony hearings and grand jury
It is clear that the current system that has allowed persistent
misdemeanor offenders to commit their crimes with minimal or
meaningless sanctions is intolerable. Like repeat felons, repeat
misdemeanor offenders must face enhanced penalties commensurate with
S.1600/A.7759 of 2007-08, Passed Senate; S.3229 of 2005-06, Passed
Senate 2005, 2006, A.2632/2009
It is not anticipated that this legislation will have any significant
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