|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jun 12, 2012||print number 643a|
|Jun 12, 2012||amend (t) and recommit to codes|
|Jan 04, 2012||referred to codes|
returned to senate
died in assembly
|Jun 16, 2011||referred to codes|
delivered to assembly
|Jun 01, 2011||advanced to third reading|
|May 25, 2011||2nd report cal.|
|May 24, 2011||1st report cal.802|
|Jan 05, 2011||referred to codes|
senate Bill S643A
Archive: Last Bill Status - In Senate Committee Codes Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S643 - Details
S643 - Sponsor Memo
BILL NUMBER:S643 TITLE OF BILL: An act to amend the penal law and the criminal procedure law, in relation to sentence for persistent misdemeanor offenders SUMMARY OF PROVISIONS: Adds a new section 70.16 to the penal law which defines a persistent misdemeanor offender as a person who stands convicted of a misdemeanor after having previously been convicted of five or more crimes within the last five years (excluding time during which the defendant was incarcerated). When sentencing a persistent misdemeanor offender, the court must impose a definite sentence of imprisonment of no less than thirty days, and may impose any sentence authorized by law other than and in addition to such sentence of imprisonment. Adds new section 400.14 to the criminal procedure law which addresses the procedure for determining whether a defendant should be sentenced as a persistent misdemeanor offender. The court shall consider the history and character of the defendant and the nature and circumstances of his criminal conduct, as well as the public interest, when determining the length of the definite sentence to be imposed. The court may order a hearing to determine whether a persistent misdemeanor offender sentence should be imposed.
S643 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 643 2011-2012 Regular Sessions I N S E N A T E (PREFILED) January 5, 2011 ___________ Introduced by Sens. GOLDEN, DeFRANCISCO, JOHNSON, RANZENHOFER -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law and the criminal procedure law, in relation to sentence for persistent misdemeanor offenders 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 70.16 to read as follows: S 70.16 SENTENCE OF IMPRISONMENT FOR PERSISTENT MISDEMEANOR OFFENDER. 1. DEFINITION OF PERSISTENT MISDEMEANOR OFFENDER. (A) A PERSISTENT MISDEMEANOR OFFENDER IS A PERSON WHO STANDS CONVICTED OF A MISDEMEANOR AFTER HAVING PREVIOUSLY BEEN CONVICTED OF FIVE OR MORE CRIMES, AS PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION. (B) A PREVIOUS CRIMINAL CONVICTION WITHIN THE MEANING OF PARAGRAPH (A) OF THIS SUBDIVISION IS A CONVICTION OF A CRIME IN THIS STATE, PROVIDED: (I) THAT A SENTENCE FOR SUCH CONVICTION WAS IMPOSED THEREFOR; AND (II) THAT THE DEFENDANT WAS SENTENCED FOR SUCH CONVICTION PRIOR TO THE DATE OF COMMISSION OF THE PRESENT MISDEMEANOR; AND (III) SUBJECT TO THE PERIOD OF TIME EXCLUDED PURSUANT TO THE PROVISIONS OF PARAGRAPH (C) OF THIS SUBDIVISION, THAT THE DEFENDANT WAS SENTENCED FOR SUCH CONVICTION NO MORE THAN FIVE YEARS PRIOR TO THE DATE OF COMMISSION OF THE PRESENT MISDEMEANOR; AND (IV) THAT THE DEFENDANT WAS NOT PARDONED ON THE GROUNDS OF INNOCENCE. (C) ANY PERIOD OF TIME DURING WHICH THE DEFENDANT WAS INCARCERATED FOR ANY REASON BETWEEN THE DATE OF COMMISSION OF THE PREVIOUS CRIME AND THE DATE OF COMMISSION OF THE PRESENT MISDEMEANOR SHALL NOT COUNT AS TIME WHICH HAS ELAPSED IN DETERMINING THE FIVE YEAR PERIOD WITHIN WHICH THE DEFENDANT MUST HAVE BEEN SENTENCED FOR THE PREVIOUS CRIME UNDER SUBPARA- GRAPH (III) OF PARAGRAPH (B) OF THIS SUBDIVISION; SUCH FIVE YEAR PERIOD EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
S643A (ACTIVE) - Details
S643A (ACTIVE) - Sponsor Memo
BILL NUMBER:S643A TITLE OF BILL: An act to amend the criminal procedure law and the penal law, in relation to aggravated criminal conduct PURPOSE: To enhance public safety by providing appropriately severe punishment for those who repeatedly commit misdemeanor crimes. Specifically, the bill would strengthen existing law by creating the crime of aggravated criminal conduct, thereby enabling courts to impose felony sanctions on persistent misdemeanor offenders. SUMMARY OF PROVISIONS: Sections 1 and 3 of the bill would amend section 180.60(8) and 190.30(3-a) of the Criminal Procedure Law respectively, to include criminal history records among the types of records that are admissible in hearings upon felony complaints and grand jury proceedings. In order to be admissible, such records must be certified by a person designated by the commissioner of the division of criminal justice services as the person to certify such records.
S643A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 643--A 2011-2012 Regular Sessions I N S E N A T E (PREFILED) January 5, 2011 ___________ Introduced by Sens. GOLDEN, BONACIC, DeFRANCISCO, JOHNSON, LANZA, RANZENHOFER -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- recommitted to the Committee on Codes in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the criminal procedure law and the penal law, in relation to aggravated criminal conduct THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 8 of section 180.60 of the criminal procedure law, as amended by chapter 307 of the laws of 1975, is amended to read as follows: 8. Upon such a hearing, only non-hearsay evidence is admissible to demonstrate reasonable cause to believe that the defendant committed a felony; except that reports of experts and technicians in professional and scientific fields and sworn statements, FORMS OR RECORDS of the kinds specified in subdivisions two [and], three AND THREE-A of section 190.30 are admissible to the same extent as in a grand jury proceeding, unless the court determines, upon application of the defendant, that such hearsay evidence is, under the particular circumstances of the case, not sufficiently reliable, in which case the court shall require that the witness testify in person and be subject to cross-examination. S 2. Subdivision 2-a of section 190.30 of the criminal procedure law, as amended by chapter 453 of the laws of 1999, is amended to read as follows: 2-a. When the electronic transmission of a certified report, FORM OR RECORD, or certified copy thereof, of the kind described in subdivision two or three-a of this section or a sworn statement or copy thereof, of the kind described in subdivision three of this section results in a EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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