senate Bill S1521

2013-2014 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 misdemeanors

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Sponsored By

Archive: Last Bill Status - Passed Senate


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

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Actions

view actions (16)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 12, 2014 referred to codes
delivered to assembly
passed senate
May 28, 2014 advanced to third reading
May 21, 2014 2nd report cal.
May 20, 2014 1st report cal.898
Jan 08, 2014 referred to codes
returned to senate
died in assembly
Jun 10, 2013 referred to codes
delivered to assembly
passed senate
Jun 03, 2013 advanced to third reading
May 30, 2013 2nd report cal.
May 29, 2013 1st report cal.775
Jan 09, 2013 referred to codes

Votes

view votes

May 20, 2014 - Codes committee Vote

S1521
11
5
committee
11
Aye
5
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

May 29, 2013 - Codes committee Vote

S1521
10
5
committee
10
Aye
5
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Co-Sponsors

S1521 - Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Add ยง240.76, Pen L
Versions Introduced in 2011-2012 Legislative Session:
S5096

S1521 - 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.

S1521 - Sponsor Memo

S1521 - Bill Text download pdf

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

                                  1521

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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 240.76 to
read as follows:
S 240.76 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.

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