S T A T E O F N E W Y O R K
________________________________________________________________________
8265--A
2009-2010 Regular Sessions
I N A S S E M B L Y
May 11, 2009
___________
Introduced by M. of A. CUSICK -- read once and referred to the Committee
on Codes -- recommitted to the Committee on Codes in accordance with
Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend 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. 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 MISDEMEANOR DEFINED IN THIS CHAPTER AFTER HAVING BEEN PREVI-
OUSLY CONVICTED OF SIX OR MORE QUALIFYING MISDEMEANOR OR FELONY CRIMES
WITHIN THE PRECEDING ONE YEAR.
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 PREVIOUSLY BEEN CONVICTED OF SIX OR MORE QUALIFYING MISDEMEANOR OR
FELONY CRIMES WITHIN THE PRECEDING ONE YEAR, THE FOLLOWING CRITERIA
SHALL APPLY:
(A) ONLY CONVICTIONS FOR OFFENSES DEFINED IN THE FOLLOWING SECTIONS OF
THIS CHAPTER SHALL BE DEEMED QUALIFYING MISDEMEANORS: SECTIONS 115.00,
120.00, 120.14, 120.15, 120.20, 120.45, 120.50, 130.20, 130.52, 130.55,
130.60, 140.10, 140.15, 140.35, 145.00, 145.14, 145.15, 145.60, 145.65,
150.01, 155.25, 165.09, 165.15, 165.25, 165.40, 165.71, 170.05, 170.20,
190.78, 190.81, 205.30, 215.50, 220.03, 220.45, 220.50, 220.70, 221.10,
221.15, 221.35, 221.40, 230.00, 230.04, 230.40, 240.25, 240.30, 245.00,
265.01, AND 265.17.
(B) EACH CONVICTION OF A MISDEMEANOR OR OF A FELONY MUST HAVE BEEN BY
A COURT IN THIS STATE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11710-02-0
A. 8265--A 2
(C) SENTENCE UPON EACH PRIOR CONVICTION MUST HAVE BEEN IMPOSED BEFORE
COMMISSION OF THE PRESENT MISDEMEANOR.
(D) 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.
(E) EXCEPT AS PROVIDED IN PARAGRAPH (F) OF THIS SUBDIVISION, EACH
SENTENCE MUST HAVE BEEN IMPOSED NOT MORE THAN ONE YEAR BEFORE COMMISSION
OF THE PRESENT MISDEMEANOR.
(F) IN CALCULATING THE ONE YEAR PERIOD UNDER PARAGRAPH (E) OF THIS
SUBDIVISION, ANY PERIOD OF TIME DURING WHICH THE DEFENDANT WAS INCARCER-
ATED FOR ANY REASON BETWEEN THE TIME OF IMPOSITION OF SENTENCE FOR ANY
OF THE PREVIOUS CONVICTIONS AND THE TIME OF COMMISSION OF THE PRESENT
MISDEMEANOR SHALL BE EXCLUDED AND SUCH ONE YEAR PERIOD SHALL BE EXTENDED
BY A PERIOD OR PERIODS EQUAL TO THE TIME SERVED.
(G) A CONVICTION THAT HAS BEEN REVERSED OR VACATED, OR CONVICTION FOR
WHICH THE DEFENDANT HAS BEEN PARDONED PURSUANT TO ARTICLE TWO-A OF THE
EXECUTIVE LAW, SHALL NOT BE DEEMED A PREVIOUS MISDEMEANOR OR FELONY
CONVICTION.
(H) WHEN MULTIPLE SENTENCES FOR TWO OR MORE CONVICTIONS WERE IMPOSED
AT THE SAME TIME, ALL CONVICTIONS SHALL BE DEEMED TO CONSTITUTE ONLY ONE
CONVICTION.
(I) WHEN A DEFENDANT HAS PREVIOUSLY BEEN CONVICTED OF AGGRAVATED CRIM-
INAL CONDUCT PURSUANT TO THIS SECTION, ANY PRIOR MISDEMEANOR OR FELONY
CONVICTION USED TO ESTABLISH GUILT FOR THAT AGGRAVATED CRIMINAL CONDUCT
CONVICTION SHALL NOT BE USED TO ESTABLISH GUILT IN A SUBSEQUENT PROSE-
CUTION FOR THIS OFFENSE.
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 2. This act shall take effect immediately.