|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|May 08, 2012||
referred to codes
delivered to assembly
|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
senate Bill S1621
Creates the crime of aggravated criminal conduct
Archive: Last Bill Status - Passed Senate
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
view actions (8)
May 8, 2012 - floor VoteS1621556floor55Aye6Nay0Absent0Excused0Abstained
show floor vote details
Floor Vote: May 8, 2012aye (55)
May 1, 2012 - Codes committee VoteS1621141committee14Aye1Nay1Aye with Reservations0Absent0Excused0Abstained
- show floor vote details
S1621 - Bill Details
- Current Committee:
- Assembly Codes
- Law Section:
- Penal Law
- Laws Affected:
- Add §240.75, Pen L
- Versions Introduced in 2009-2010 Legislative Session:
S1621 - Bill Texts
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.
view sponsor memo
TITLE OF BILL:
to amend the penal law, in relation to creating the crime of aggravated
PURPOSE OR GENERAL IDEA OF BILL:
The bill would amend the penal law by
creating a criminal offense designed to punish and deter persistent
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.
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
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:
This bill shall take effect on the first of November
next succeeding the date on which it shall have become a law.
view full text
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.
Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.
By contributing or voting you agree to the Terms of Participation and verify you are over 13.