senate Bill S1621

2011-2012 Legislative Session

Creates the crime of aggravated criminal conduct

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Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 08, 2012 referred to codes
delivered to assembly
passed senate
May 07, 2012 advanced to third reading
May 02, 2012 2nd report cal.
May 01, 2012 1st report cal.640
Jan 04, 2012 referred to codes
Jan 10, 2011 referred to codes

Votes

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S1621 - Bill Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add ยง240.75, Pen L
Versions Introduced in 2009-2010 Legislative Session:
S72

S1621 - Bill Texts

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Creates the class E felony of aggravated criminal conduct; provides that a person is guilty of aggravated criminal conduct when such person commits a class A misdemeanor and has been convicted of five or more qualifying misdemeanors or felony convictions within the preceding five years.

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BILL NUMBER:S1621

TITLE OF BILL:
An act
to amend the penal law, in relation to creating the crime of aggravated
criminal conduct

PURPOSE OR GENERAL IDEA OF BILL:
The bill would amend the penal law by
creating a criminal offense designed to punish and deter persistent
criminal offenders.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill
amends the penal
law by creating the criminal offense of aggravated criminal conduct
and is punishable as a class E felony.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:
The bill amends
the penal law by creating a criminal offense designed to provide
significant punishment to persistent misdemeanor offenders. The
current law does not have any like provisions.

JUSTIFICATION:
This bill will create a criminal offense that will
provide an additional punishment to criminal offenders that have been
repeatedly convicted of five or more misdemeanors within five years.
By enacting, the criminal offense of aggravated criminal conduct, the
safety of the public will be further protected by requiring chronic
misdemeanor offenders to serve an additional felony prison sentence.
This additional sentence will not only provide additional punishment
to repeat misdemeanor offenders, but it will also provide a deterrent
to those who have yet committed the prerequisite number of
misdemeanor offenses.

LEGISLATIVE HISTORY:
S.2497 of 2008
02/06/08 Referred to Codes
S.72 of 2009
01/07/09 Referred to Codes
01/06/10 Referred to Codes

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.

EFFECTIVE DATE:
This bill shall take effect on the first of November
next succeeding the date on which it shall have become a law.

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

                                  1621

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 10, 2011
                               ___________

Introduced  by  Sen. SAMPSON -- 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  creating  the  crime  of
  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 CLASS A MISDEMEANOR AND HAS BEEN CONVICTED  OF  FIVE  OR  MORE
QUALIFYING  MISDEMEANOR  OR  FELONY  CONVICTIONS  WITHIN THE IMMEDIATELY
PRECEDING FIVE YEARS.
  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 BEEN PREVIOUSLY CONVICTED OF FIVE OR MORE QUALIFYING MISDEMEANOR  OR
FELONY  CONVICTIONS  WITHIN  THE  IMMEDIATE  PRECEDING  FIVE  YEARS, THE
FOLLOWING CRITERIA SHALL APPLY:
  (A) EACH CONVICTION SHALL HAVE BEEN FOR A CLASS A MISDEMEANOR; A FELO-
NY; OR OF A CRIME IN ANOTHER JURISDICTION FOR WHICH A SENTENCE TO A TERM
OF IMPRISONMENT OF AT LEAST ONE YEAR IS AUTHORIZED IN THIS  STATE  IRRE-
SPECTIVE OF WHETHER SUCH SENTENCE WAS IMPOSED;
  (B)  SENTENCE  UPON EACH SUCH PRIOR CONVICTION SHALL HAVE BEEN IMPOSED
BEFORE COMMISSION OF THE PRESENT MISDEMEANOR.
  (C) 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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05859-01-1

S. 1621                             2

  (D)  EXCEPT  AS  PROVIDED  IN  PARAGRAPH (E) OF THIS SUBDIVISION, EACH
SENTENCE SHALL HAVE BEEN IMPOSED NOT MORE THAN FIVE YEARS BEFORE COMMIS-
SION OF THE PRESENT MISDEMEANOR;
  (E) AN OFFENSE FOR WHICH THE DEFENDANT HAS BEEN PARDONED ON THE GROUND
OF  INNOCENCE  SHALL  NOT  BE  DEEMED  A  PREVIOUS MISDEMEANOR OR FELONY
CONVICTION;
  (F) IN CALCULATING THE FIVE YEAR PERIOD UNDER SUBDIVISION ONE OF  THIS
SECTION,  ANY PERIOD OF TIME DURING WHICH THE DEFENDANT WAS INCARCERATED
FOR ANY REASON BETWEEN THE TIME OF COMMISSION OF  ANY  OF  THE  PREVIOUS
CONVICTIONS  AND  THE  TIME OF THE COMMISSION OF THE PRESENT MISDEMEANOR
SHALL BE EXCLUDED AND SUCH FIVE YEAR PERIOD SHALL BE EXTENDED BY A PERI-
OD OR PERIODS EQUAL TO THE TIME SERVED;
  (G) WHEN MULTIPLE SENTENCES FOR TWO OR MORE CONVICTIONS  WERE  IMPOSED
AT THE SAME TIME, ALL CONVICTIONS SHALL BE DEEMED TO CONSTITUTE ONLY ONE
CONVICTION.
  AGGRAVATED CRIMINAL CONDUCT IS A CLASS E FELONY.
  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.

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