|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 04, 2012||referred to codes|
|Apr 04, 2011||referred to codes|
senate Bill S4390
Archive: Last Bill Status - In Senate Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S4390 - Details
- Law Section:
- Penal Law
- Laws Affected:
- Amd §460.10, Pen L
- Versions Introduced in 2009-2010 Legislative Session:
S4390 - Sponsor Memo
BILL NUMBER:S4390 TITLE OF BILL: An act to amend the penal law, in relation to definitions of criminal enterprise and pattern of criminal activity SUMMARY OF PROVISIONS: This legislation amends subdivision 3 of § 460.10 of the Penal Law to broaden the definition of "criminal enterprise". It further amends paragraph (b) of subdivision 4 of § 460.10 of the Penal Law to broaden the definition of "pattern of criminal activity". JUSTIFICATION: Recent case law has inappropriately narrowed New York's enterprise corruption statute, also known by its federal counter-part, the Racketeering Influenced and Corrupt Organizations Act or the RICO law. In People v. Nappo *(Slip Op., J. Vaughn, 1/14/98), a Suffolk County Court case, 13 men were charged with a bootlegging scheme which brought at least 30 million gallons of untaxed gasoline from New Jersey into New York over an 18-month period between 1994 and 1996. The defendants made hundreds of deliveries, sometimes as many as 20 a day. New York lost approximately 18 cents in tax revenue for each illegally imported gallon ($5.4 million).
S4390 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4390 2011-2012 Regular Sessions I N S E N A T E April 4, 2011 ___________ Introduced by Sen. FLANAGAN -- 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 definitions of criminal enterprise and pattern of criminal activity THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 3 and paragraph (b) of subdivision 4 of section 460.10 of the penal law, as added by chapter 516 of the laws of 1986, are amended to read as follows: 3. "Criminal enterprise" means a group of persons sharing a common purpose of engaging in criminal conduct, associated in an ascertainable structure [distinct from a pattern] of criminal activity, and with a continuity of existence[, structure] and criminal purpose beyond the scope of individual criminal incidents. (b) are neither isolated incidents, nor so closely related and connected in point of time or circumstance of commission as to consti- tute a SINGLE criminal offense [or criminal transaction,] as [those terms are] defined in section 40.10 of the criminal procedure law; and 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. LBD10475-01-1
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