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Senate Bill S5377

2009-2010 Legislative Session

Establishes the offense of aggravated criminal conduct as a class E felony

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Archive: Last Bill Status - In Senate Committee Codes Committee

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Bill Amendments

2009-S5377 - Details

Current Committee:
Senate Codes
Laws Affected:
Add §240.75, Pen L
Versions Introduced in 2011-2012 Legislative Session:
S1512

2009-S5377 - Summary

Establishes the offense of aggravated criminal conduct, when a person commits a misdemeanor after having been previously convicted of six or more qualifying misdemeanor or felony crimes within the preceding year, as a class E felony.

2009-S5377 - Sponsor Memo

2009-S5377 - Bill Text download pdf

                            

              

co-Sponsors

2009-S5377A - Details

Current Committee:
Senate Codes
Laws Affected:
Add §240.75, Pen L
Versions Introduced in 2011-2012 Legislative Session:
S1512

2009-S5377A - Summary

Establishes the offense of aggravated criminal conduct, when a person commits a misdemeanor after having been previously convicted of six or more qualifying misdemeanor or felony crimes within the preceding year, as a class E felony.

2009-S5377A - Sponsor Memo

2009-S5377A - Bill Text download pdf

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

                                 5377--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sens.  KLEIN,  C.  JOHNSON,  THOMPSON  -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Codes  --  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 240.72  to
read as follows:
S 240.72 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.
                                                           LBD11630-02-9
              

co-Sponsors

2009-S5377B (ACTIVE) - Details

Current Committee:
Senate Codes
Laws Affected:
Add §240.75, Pen L
Versions Introduced in 2011-2012 Legislative Session:
S1512

2009-S5377B (ACTIVE) - Summary

Establishes the offense of aggravated criminal conduct, when a person commits a misdemeanor after having been previously convicted of six or more qualifying misdemeanor or felony crimes within the preceding year, as a class E felony.

2009-S5377B (ACTIVE) - Sponsor Memo

2009-S5377B (ACTIVE) - Bill Text download pdf

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

                                 5377--B

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sens.  KLEIN,  ADAMS, DIAZ, C. JOHNSON, THOMPSON -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee  on  Codes  --  committee  discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee --  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  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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11630-03-0

              

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