Senate Bill S1621

2011-2012 Legislative Session

Creates the crime of aggravated criminal conduct

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions
Votes

2011-S1621 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §240.75, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: S72
2013-2014: S702

2011-S1621 (ACTIVE) - Summary

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.

2011-S1621 (ACTIVE) - Sponsor Memo

2011-S1621 (ACTIVE) - Bill Text download pdf

                            
                    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
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. 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.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.