senate Bill S5096

2011-2012 Legislative Session

Creates the crime of aggravated criminal conduct where an individual commits a misdemeanor and has been previously subjected to four or more qualifying misdemeanor

download bill text pdf

Sponsored By

Archive: Last Bill Status -


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

do you support this legislation?

You must fill out the form below in order to support or oppose this bill. X

You must login or fill out the fields below for the senator to have an accurate account of the support or opposition to this bill.

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.
Use this box to enter a message to your senator.

Actions

view actions (12)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 29, 2012 referred to codes
delivered to assembly
passed senate
Mar 22, 2012 advanced to third reading
Mar 21, 2012 2nd report cal.
Mar 20, 2012 1st report cal.423
Jan 04, 2012 referred to codes
Jun 24, 2011 committed to rules
Jun 01, 2011 advanced to third reading
May 25, 2011 2nd report cal.
May 24, 2011 1st report cal.806
May 03, 2011 referred to codes

Votes

view votes

Mar 20, 2012 - Codes committee Vote

S5096
9
6
committee
9
Aye
6
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

May 24, 2011 - Codes committee Vote

S5096
10
5
committee
10
Aye
5
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Codes Committee Vote: May 24, 2011

aye wr (1)

Co-Sponsors

S5096 - Details

Law Section:
Penal Law
Laws Affected:
Add ยง240.75, Pen L

S5096 - Summary

Creates the crime of aggravated criminal conduct where an individual commits a misdemeanor and has been previously subjected to four or more qualifying misdemeanor convictions within the preceding five years; in calculating the five year period, 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 commission of the present misdemeanor shall be excluded and such five year period shall be extended by a period or periods equal to the time served.

S5096 - Sponsor Memo

S5096 - Bill Text download pdf

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

                                  5096

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced  by  Sen.  MARCELLINO  -- 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 where an individual commits a misdemeanor
  and has been previously subjected to four or more qualifying misdemea-
  nor convictions within the preceding five years

  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 DEFINED IN THIS CHAPTER AFTER HAVING BEEN
PREVIOUSLY SUBJECTED TO FOUR OR MORE QUALIFYING MISDEMEANOR  CONVICTIONS
WITHIN THE 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  SUBJECTED  TO FOUR OR MORE QUALIFYING MISDEMEANOR
CONVICTIONS WITHIN THE PRECEDING  FIVE  YEARS,  THE  FOLLOWING  CRITERIA
SHALL APPLY:
  (A)  EACH  CONVICTION  MUST  HAVE  BEEN IN THIS STATE AND BE A CLASS A
MISDEMEANOR AS DEFINED IN THIS CHAPTER, OR  OF  A  CRIME  IN  ANY  OTHER
JURISDICTION  FOR WHICH A SENTENCE TO A TERM OF IMPRISONMENT OF AT LEAST
ONE YEAR WAS AUTHORIZED AND IS A CRIME IN  THIS  STATE  IRRESPECTIVE  OF
WHETHER SUCH SENTENCE WAS IMPOSED;
  (B)  SENTENCE  UPON  EACH SUCH PRIOR CONVICTION MUST 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11349-01-1

Comments

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.