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Assembly Bill A10507

2011-2012 Legislative Session

Relates to jurisdiction and venue for a pattern of criminal offenses

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

2011-A10507 - Details

Current Committee:
Assembly Codes
Law Section:
General Business Law
Laws Affected:
Add §393-e, Gen Bus L; add §70.16, Pen L

2011-A10507 - Summary

Relates to jurisdiction and venue for a pattern of criminal offenses.

2011-A10507 - Bill Text download pdf 

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

                                  10507

                          I N  A S S E M B L Y

                              May 29, 2012
                               ___________

Introduced by M. of A. CUSICK -- read once and referred to the Committee
  on Codes

AN  ACT to amend the general business law and the penal law, in relation
  to establishing jurisdiction and  venue  for  a  pattern  of  criminal
  offenses

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

  Section 1. The general business law is amended by adding a new section
393-e to read as follows:
  S 393-E. JURISDICTION AND VENUE FOR A PATTERN OF CRIMINAL OFFENSE.  1.
A PERSON MAY BE PROSECUTED FOR CRIMINAL ACTIONS WITH RESPECT TO EACH  OF
THE  ALLEGED  CRIMINAL  OFFENSES  INCLUDED  WITHIN A PATTERN OF CRIMINAL
OFFENSES THAT ARE PART OF THE SAME PLAN, SCHEME, OR ADVENTURE OF  ORGAN-
IZED  RETAIL  CRIME,  IN  ANY COUNTY WHERE AT LEAST ONE ALLEGED CRIMINAL
OFFENSE HAS OCCURRED AND SUCH OFFENSE IS PART OF THE ALLEGED PATTERN  OF
CRIMINAL ACTIVITY. ONE DISTRICT COURT OR COUNTY COURT MAY POSSESS JURIS-
DICTION  OVER  ALL CRIMINAL OFFENSES, PERSONS AND PROPERTY THAT ARE PART
OF, OR ARE DIRECTLY RELATED TO, EACH OR  ALL  OF  THE  ALLEGED  CRIMINAL
OFFENSES  FORMING  THE ALLEGED PATTERN OF CRIMINAL OFFENSES OF ORGANIZED
RETAIL CRIME.
  2. THIS SECTION SHALL BE ENFORCED IN ANY COUNTY  WHERE  AT  LEAST  ONE
ALLEGED  CRIMINAL  OFFENSE  HAS OCCURRED AND SUCH OFFENSE IS PART OF THE
ALLEGED PATTERN OF CRIMINAL ACTIVITY.
  S 2. The penal law is amended by adding a new section 70.16 to read as
follows:
S 70.16 JURISDICTION AND VENUE FOR A PATTERN OF CRIMINAL OFFENSE.
  1. A PERSON MAY BE PROSECUTED FOR CRIMINAL  ACTIONS  WITH  RESPECT  TO
EACH OF THE ALLEGED CRIMINAL OFFENSES INCLUDED WITHIN A PATTERN OF CRIM-
INAL  OFFENSES  THAT ARE PART OF THE SAME PLAN, SCHEME, OR ADVENTURE, IN
ANY COUNTY WHERE AT LEAST ONE ALLEGED CRIMINAL OFFENSE HAS OCCURRED  AND
SUCH  OFFENSE  IS  PART OF THE ALLEGED PATTERN OF CRIMINAL ACTIVITY. ONE
DISTRICT COURT OR COUNTY COURT MAY POSSESS JURISDICTION OVER ALL  CRIMI-
NAL  OFFENSES,  PERSONS  AND  PROPERTY THAT ARE PART OF, OR ARE DIRECTLY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15083-05-2

2011-A10507A (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
General Business Law
Laws Affected:
Add §393-e, Gen Bus L; add §70.16, Pen L

2011-A10507A (ACTIVE) - Summary

Relates to jurisdiction and venue for a pattern of criminal offenses.

2011-A10507A (ACTIVE) - Bill Text download pdf 

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

                                10507--A

                          I N  A S S E M B L Y

                              May 29, 2012
                               ___________

Introduced by M. of A. CUSICK -- read once and referred 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 establishing  jurisdiction
  and venue for a pattern of criminal offenses

  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 70.16  to
read as follows:
S  70.16  JURISDICTION AND VENUE FOR A PATTERN OF ORGANIZED RETAIL CRIME
          OFFENSES.
  1. A PERSON MAY BE PROSECUTED FOR CRIMINAL  ACTIONS  WITH  RESPECT  TO
EACH OF THE ALLEGED CRIMINAL OFFENSES INCLUDED WITHIN A PATTERN OF CRIM-
INAL  OFFENSES  THAT  ARE PART OF THE SAME PLAN, SCHEME, OR ADVENTURE OF
ORGANIZED RETAIL CRIME, IN ANY COUNTY WHERE AT LEAST ONE ALLEGED  CRIMI-
NAL OFFENSE HAS OCCURRED AND SUCH OFFENSE IS PART OF THE ALLEGED PATTERN
OF  CRIMINAL  ACTIVITY.  ONE  DISTRICT COURT OR COUNTY COURT MAY POSSESS
JURISDICTION OVER ALL CRIMINAL OFFENSES, PERSONS AND PROPERTY  THAT  ARE
PART OF, OR ARE DIRECTLY RELATED TO, EACH OR ALL OF THE ALLEGED CRIMINAL
OFFENSES FORMING THE ALLEGED PATTERN OF CRIMINAL OFFENSES.
  2.  THIS  SECTION  SHALL  BE ENFORCED IN ANY COUNTY WHERE AT LEAST ONE
ALLEGED CRIMINAL OFFENSE HAS OCCURRED AND SUCH OFFENSE IS  PART  OF  THE
ALLEGED PATTERN OF CRIMINAL ACTIVITY.
  3. FOR PURPOSES OF THIS SECTION, ORGANIZED RETAIL CRIME SHALL MEAN THE
STEALING, EMBEZZLEMENT, OR OBTAINING BY FRAUD, FALSE PRETENSES, OR OTHER
ILLEGAL  MEANS, RETAIL MERCHANDISE IN QUANTITIES THAT WOULD NOT NORMALLY
BE PURCHASED FOR PERSONAL  USE  OR  CONSUMPTION,  FOR  THE  PURPOSES  OF
RESELLING,  TRADING,  OR OTHERWISE REENTERING SUCH RETAIL MERCHANDISE IN
COMMERCE.
  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.
                                                           LBD15083-09-2

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