Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 21, 2016 |
recommit, enacting clause stricken |
Jan 06, 2016 |
referred to codes returned to senate died in assembly |
Jun 18, 2015 |
referred to codes delivered to assembly passed senate |
Jun 08, 2015 |
advanced to third reading |
Jun 03, 2015 |
2nd report cal. |
Jun 02, 2015 |
1st report cal.1297 |
Jan 21, 2015 |
referred to codes |
Senate Bill S2144
2015-2016 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - Stricken
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
co-Sponsors
(R, C, IP) Senate District
(R, C, IP) Senate District
2015-S2144 (ACTIVE) - Details
2015-S2144 (ACTIVE) - Sponsor Memo
BILL NUMBER:S2144 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
2015-S2144 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2144 2015-2016 Regular Sessions I N S E N A T E January 21, 2015 ___________ 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. LBD05348-01-5
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