senate Bill S5383

Amends the definitions of criminal enterprise and pattern of criminal activity for the purpose of criminal liability for enterprise corruption

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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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actions

  • 16 / May / 2013
    • REFERRED TO CODES
  • 12 / Jun / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 12 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1362
  • 13 / Jun / 2013
    • PASSED SENATE
  • 13 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 13 / Jun / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO CODES
  • 11 / Jun / 2014
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 11 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1330
  • 12 / Jun / 2014
    • PASSED SENATE
  • 12 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 12 / Jun / 2014
    • REFERRED TO CODES

Summary

Amends the definition of "criminal enterprise", for the purpose of criminal liability for enterprise corruption.

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Bill Details

See Assembly Version of this Bill:
A7531
Versions:
S5383
Legislative Cycle:
2013-2014
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §460.10, Pen L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S4390, S4390
2009-2010: S3240, S3240

Sponsor Memo

BILL NUMBER:S5383

TITLE OF BILL: An act to amend the penal law, in relation to
definitions of criminal enterprise and pattern of criminal activity

SUMMARY OF PROVISIONS:

This legislation amends subdivision 3 of § 460.10 of the Penal Law to
broaden the definition of "criminal enterprise". It further amends
paragraph (b) of subdivision 4 of § 460.10 of the Penal Law to broaden
the definition of "pattern of criminal activity".

JUSTIFICATION:

Case law has inappropriately narrowed New York's enterprise corruption
statute, also known by its federal counterpart, the Racketeering
Influenced and Corrupt Organizations Act or the RICO law. The
District Attorneys Association has indicated that the amendments in
this bill are still needed. It is believed that omitting the phrase
-distinct from a pattern" will clear up the longstanding confusion
about its meaning, and would enable a jury to infer a structure from
proof of the pattern advanced at trial. In addition, it is believed
that omitting the "distinct" language will remove an unnecessary
hurdle to prosecution.

Background:

In People v. Nappo *(Slip Op., J. Vaughn, 1/14/98), a Suffolk County
Court case, 13 men were charged with a bootlegging scheme which
brought at least 30 million gallons of untaxed gasoline from New
Jersey into New York over an 18-month period between 1994 and 1996.
The defendants made hundreds of deliveries, sometimes as many as 20 a
day. New York lost approximately 18 cents in tax revenue for each
illegally imported gallon ($5.4 million).

The court in Nappo ruled that although there was a criminal structure
involved in bringing illegal gasoline into the state, "in the absence
of their continuing criminal activities to allegedly import for resale
untaxed fuel, there is no structure, business, activity or continuity
of criminal purpose beyond the scope of the criminal incidents alleged
in this indictment".

The court further ruled that because each pattern act is so closely
related to the single purpose of importing motor fuel illegally into
this state without paying appropriate taxes, they must be considered
part of the same criminal venture and therefore the pattern of
criminal activity as contemplated by the statute has not been shown to
exist". As a result, Judge Vaughn ordered the enterprise corruption,
conspiracy and larceny counts dismissed.

* People v. Napco (2d Dept. 1999) 261 A.0.2d 558, 690 N.Y.S.2d 649,

MAIN VOLUME:

leave to appeal granted 93 N.Y.2d 1023, H.Y.S. 2d 582, 719 N.E.2d 943,
leave to appeal granted 93 N.Y.2d 1026,697 N.Y.S.2d 595, 719 N.E.2d
946, reversed in part 94 N.Y.2d 564, 709 N.Y.S.2d 41, 729 N.E.2d 698.


FISCAL IMPLICATIONS:

None.

PRIOR LEGISLATIVE HISTORY:

1999 Passed Senate/Assembly Codes Committee
2000 passed Senate/Assembly Codes Committee
2001 Passed Senate/Assembly Codes Committee
2002 Passed senate/Assembly Codes Committee
2003-04 Passed Senate
2005-06 Passed Senate
2007-07 Passed Senate
2009-10 Senate Codes Committee
2011-12 Senate Codes Committee

EFFECTIVE DATE:

This.act shall take effect on, the first of November next succeeding
the date on which it shall have become a law.

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

                                  5383

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in relation to  definitions  of  criminal
  enterprise and pattern of criminal activity

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

  Section 1. Subdivision 3 and paragraph (b) of subdivision 4 of section
460.10 of the penal law, as added by chapter 516 of the  laws  of  1986,
are amended to read as follows:
  3.  "Criminal  enterprise"  means  a group of persons sharing a common
purpose of engaging in criminal conduct, associated in an  ascertainable
structure  [distinct  from  a  pattern] of criminal activity, and with a
continuity of existence[, structure] and  criminal  purpose  beyond  the
scope of individual criminal incidents.
  (b)  are  neither  isolated  incidents,  nor  so  closely  related and
connected in point of time or circumstance of commission as  to  consti-
tute  a  SINGLE  criminal  offense  [or criminal transaction,] as [those
terms are] defined in section 40.10 of the criminal procedure law; and
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11101-01-3

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