senate Bill S643A

Establishes crime of aggravated criminal conduct

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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  • 05 / Jan / 2011
    • REFERRED TO CODES
  • 24 / May / 2011
    • 1ST REPORT CAL.802
  • 25 / May / 2011
    • 2ND REPORT CAL.
  • 01 / Jun / 2011
    • ADVANCED TO THIRD READING
  • 16 / Jun / 2011
    • PASSED SENATE
  • 16 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 16 / Jun / 2011
    • REFERRED TO CODES
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO CODES
  • 12 / Jun / 2012
    • AMEND (T) AND RECOMMIT TO CODES
  • 12 / Jun / 2012
    • PRINT NUMBER 643A

Summary

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.

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Bill Details

Versions:
S643
S643A
Legislative Cycle:
2011-2012
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§180.60 & 190.30, CP L; add §240.75, Pen L
Versions Introduced in 2009-2010 Legislative Cycle:
S2105

Sponsor Memo

BILL NUMBER:S643A

TITLE OF BILL:

An act
to amend the criminal procedure law and the penal law, in relation to
aggravated criminal conduct

PURPOSE:

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
Penal Law;
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
would apply:
(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
previous conviction;
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.

EXISTING LAW:

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.

JUSTIFICATION:

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
proceedings.

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
their conduct.

LEGISLATIVE HISTORY:

S.1600/A.7759 of 2007-08, Passed Senate; S.3229 of 2005-06, Passed
Senate 2005, 2006, A.2632/2009

FISCAL IMPLICATIONS:

It is not anticipated that this legislation will have any significant
fiscal impact.

EFFECTIVE DATE:

Immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 643--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens.  GOLDEN,  BONACIC,  DeFRANCISCO,  JOHNSON,  LANZA,
  RANZENHOFER -- read twice and ordered printed, and when printed to  be
  committed to the Committee on Codes -- recommitted to the Committee on
  Codes   in  accordance  with  Senate  Rule  6,  sec.  8  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the  criminal  procedure  law  and  the  penal  law,  in
  relation to aggravated criminal conduct

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Subdivision 8 of section 180.60 of the criminal  procedure
law,  as  amended by chapter 307 of the laws of 1975, is amended to read
as follows:
  8. Upon such a hearing, only non-hearsay  evidence  is  admissible  to
demonstrate  reasonable  cause to believe that the defendant committed a
felony; except that reports of experts and technicians  in  professional
and  scientific  fields  and  sworn  statements, FORMS OR RECORDS of the
kinds specified in subdivisions two [and], three AND THREE-A of  section
190.30  are admissible to the same extent as in a grand jury proceeding,
unless the court determines, upon application  of  the  defendant,  that
such  hearsay  evidence  is,  under  the particular circumstances of the
case, not sufficiently reliable, in which case the court  shall  require
that the witness testify in person and be subject to cross-examination.
  S  2. Subdivision 2-a of section 190.30 of the criminal procedure law,
as amended by chapter 453 of the laws of 1999, is  amended  to  read  as
follows:
  2-a.  When  the electronic transmission of a certified report, FORM OR
RECORD, or certified copy thereof, of the kind described in  subdivision
two  or three-a of this section or a sworn statement or copy thereof, of
the kind described in subdivision three of this  section  results  in  a

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04233-02-2

S. 643--A                           2

written  document,  such  written document may be received in such grand
jury proceeding provided that: (a) a transmittal memorandum completed by
the person sending the report, FORM OR RECORD contains  a  certification
that  the  report, FORM OR RECORD has not been altered and a description
of the report, FORM OR RECORD specifying the number of  pages;  and  (b)
the  person  who receives the electronically transmitted document certi-
fies that such document and transmittal memorandum were so received; and
(c) a certified report, FORM OR RECORD or  a  certified  copy  or  sworn
statement  or  sworn  copy thereof is filed with the court within twenty
days following arraignment upon the indictment; and (d) where such writ-
ten document is a sworn statement or sworn  copy  thereof  of  the  kind
described  in subdivision three of this section, such sworn statement or
sworn copy thereof is also provided to  the  defendant  or  his  counsel
within twenty days following arraignment upon the indictment.
  S  3. Subdivision 3-a of section 190.30 of the criminal procedure law,
as added by chapter 453 of the laws of  1999,  is  amended  to  read  as
follows:
  3-a.  A  sex  offender  registration  form,  sex offender registration
continuation/supplemental form, sex offender registry address  verifica-
tion form, sex offender change of address form, CRIMINAL HISTORY RECORD,
or a copy of such form OR RECORD, maintained by the division of criminal
justice  services concerning an individual who is the subject of a grand
jury proceeding, may, when certified  by  a  person  designated  by  the
commissioner  of the division of criminal justice services as the person
to certify such FORMS OR records, as a true copy thereof, be received in
such grand jury proceeding as evidence of the facts stated therein.
  S 4. The penal law is amended by adding a new section 240.75  to  read
as follows:
S 240.75 AGGRAVATED CRIMINAL CONDUCT.
  1.  A PERSON IS GUILTY OF AGGRAVATED CRIMINAL CONDUCT WHEN SUCH PERSON
COMMITS A CLASS A MISDEMEANOR DEFINED IN THIS CHAPTER AFTER HAVING  BEEN
PREVIOUSLY  SUBJECTED  TO THREE OR MORE QUALIFYING MISDEMEANOR OR FELONY
CONVICTIONS WITHIN THE PRECEDING TEN YEARS.
  2. THE PROVISIONS OF SECTION 200.60  OF  THE  CRIMINAL  PROCEDURE  LAW
SHALL APPLY TO ANY PROSECUTION UNDER THIS SECTION.
  3.  FOR  THE PURPOSES OF THIS SECTION, IN DETERMINING WHETHER A PERSON
HAS BEEN PREVIOUSLY SUBJECTED TO THREE OR MORE QUALIFYING MISDEMEANOR OR
FELONY CONVICTIONS WITHIN THE PRECEDING TEN YEARS, THE FOLLOWING  CRITE-
RIA SHALL APPLY:
  (A)  EACH  CONVICTION MUST HAVE BEEN IN THIS STATE OF A CLASS A MISDE-
MEANOR DEFINED IN THIS CHAPTER OR OF A FELONY, OR  OF  A  CRIME  IN  ANY
OTHER  JURISDICTION FOR WHICH A SENTENCE TO A TERM OF IMPRISONMENT OF AT
LEAST ONE YEAR OR A SENTENCE OF DEATH WAS AUTHORIZED AND  IS  AUTHORIZED
IN THIS STATE IRRESPECTIVE OF WHETHER SUCH SENTENCE WAS IMPOSED;
  (B)  SENTENCE  UPON  EACH SUCH PRIOR CONVICTION MUST HAVE BEEN IMPOSED
BEFORE COMMISSION OF THE PRESENT MISDEMEANOR;
  (C) SUSPENDED SENTENCE, SUSPENDED EXECUTION OF SENTENCE,  SENTENCE  OF
PROBATION,  SENTENCE  OF PAROLE SUPERVISION, AND SENTENCE OF CONDITIONAL
DISCHARGE OR  OF  UNCONDITIONAL  DISCHARGE  SHALL  BE  DEEMED  TO  BE  A
SENTENCE;
  (D)  EXCEPT  AS  PROVIDED  IN  PARAGRAPH (E) OF THIS SUBDIVISION, EACH
SENTENCE MUST HAVE BEEN IMPOSED NOT MORE THAN TEN YEARS  BEFORE  COMMIS-
SION OF THE PRESENT MISDEMEANOR;
  (E)  IN  CALCULATING  THE  TEN YEAR PERIOD UNDER PARAGRAPH (D) OF THIS
SUBDIVISION, ANY PERIOD OF TIME DURING WHICH THE DEFENDANT WAS INCARCER-
ATED FOR ANY REASON BETWEEN THE TIME OF COMMISSION OF ANY OF THE  PREVI-

S. 643--A                           3

OUS  CONVICTIONS  AND  THE TIME OF COMMISSION OF THE PRESENT MISDEMEANOR
SHALL BE EXCLUDED AND SUCH TEN YEAR PERIOD SHALL BE EXTENDED BY A PERIOD
OR PERIODS EQUAL TO THE TIME SERVED;
  (F) AN OFFENSE FOR WHICH THE DEFENDANT HAS BEEN PARDONED ON THE GROUND
OF  INNOCENCE  SHALL  NOT  BE  DEEMED  A  PREVIOUS MISDEMEANOR OR FELONY
CONVICTION;
  (G) WHEN MULTIPLE SENTENCES FOR TWO OR MORE CONVICTIONS  WERE  IMPOSED
AT THE SAME TIME, ALL CONVICTIONS SHALL BE DEEMED TO CONSTITUTE ONLY ONE
CONVICTION.
  4.  NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO PRECLUDE A
PROSECUTION OR CONVICTION FOR ANY OTHER OFFENSE, A NECESSARY ELEMENT  OF
WHICH IS A PREVIOUS CONVICTION FOR AN OFFENSE.
  AGGRAVATED CRIMINAL CONDUCT IS A CLASS E FELONY.
  S 5. This act shall take effect immediately.

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