senate Bill S643A

2011-2012 Legislative Session

Establishes crime of aggravated criminal conduct

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


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

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Actions

view actions (12)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 12, 2012 print number 643a
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
passed senate
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

Co-Sponsors

view additional co-sponsors

S643 - Details

Current Committee:
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§180.60 & 190.30, CP L; add §240.75, Pen L
Versions Introduced in 2009-2010 Legislative Session:
S2105

S643 - Summary

Establishes crime of aggravated criminal conduct to provide more severe penalties for persons who have committed 3 or more qualifying misdemeanors or felonies within ten years of the present class A misdemeanor offense.

S643 - Sponsor Memo

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.

Co-Sponsors

view additional co-sponsors

S643A (ACTIVE) - Details

Current Committee:
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§180.60 & 190.30, CP L; add §240.75, Pen L
Versions Introduced in 2009-2010 Legislative Session:
S2105

S643A (ACTIVE) - Summary

Establishes crime of aggravated criminal conduct to provide more severe penalties for persons who have committed 3 or more qualifying misdemeanors or felonies within ten years of the present class A misdemeanor offense.

S643A (ACTIVE) - Sponsor Memo

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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