|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|May 07, 2014||
referred to codes
delivered to assembly
|Mar 27, 2014||
advanced to third reading
|Mar 26, 2014||
2nd report cal.
|Mar 25, 2014||
1st report cal.360
|Jan 08, 2014||
referred to codes
returned to senate
died in assembly
|Jun 21, 2013||
referred to codes
|Jun 20, 2013||
delivered to assembly
|May 21, 2013||
advanced to third reading
|May 20, 2013||
2nd report cal.
|May 08, 2013||
1st report cal.606
|Jan 29, 2013||
referred to codes
senate Bill S3074
Establishes crime of aggravated criminal conduct
Archive: Last Bill Status - Passed Senate
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
view actions (16)
May 7, 2014 - floor VoteS30744212floor42Aye12Nay5Absent2Excused0Abstained
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Floor Vote: May 7, 2014aye (42)
Mar 25, 2014 - Codes committee VoteS3074114committee11Aye4Nay1Aye with Reservations0Absent0Excused0Abstained
Jun 20, 2013 - floor VoteS30745013floor50Aye13Nay0Absent0Excused0Abstained
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Floor Vote: Jun 20, 2013aye (50)
May 8, 2013 - Codes committee VoteS3074141committee14Aye1Nay0Aye with Reservations0Absent0Excused0Abstained
- show floor vote details
S3074 - Bill Details
S3074 - Bill Texts
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.
view sponsor memo
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. Specif-
ically, 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:
Section one amends Criminal Procedure Law section 180.60(8) to allow sex
offender registration forms and criminal history record concerning the
defendant that have been certified by the Commissioner of the Division
of Criminal Justice Services as true copies to be included in the list
of non-hearsay evidence that is admissible at a hearing upon a felony
complaint to demonstrate reasonable cause to believe that the defendant
committed a felony.
Section two amends Criminal Procedure Law section 190.30(2-a) to include
forms and records in the list of documentary evidence that may be elec-
tronically transmitted for potential use in a grand just proceeding.
Section three amends Criminal Procedure Law section 190.30(3-a) to
include the defendant's criminal history record and to make technical
amendments for consistency.
Section four amends the Penal Law by adding new section 240.76 estab-
lishing the crime of aggravated criminal conduct. A person is guilty of
aggravated criminal conduct when he or she commits a class "A" misdemea-
nor after having been previously subjected to at least three qualifying
misdemeanor or felony convictions within the preceding ten years. The
crime of aggravated criminal conduct is a class "E" felony.
When determining whether a defendant has at least three qualifying
misdemeanor or felony convictions within the preceding ten years, the
following rules shall apply:
(1) The conviction must be for any felony, a class "A" misdemeanor, or a
crime in another jurisdiction for which the mandatory sentence is at
least one year of imprisonment or death; (2) The sentences for the prior
convictions must have been imposed before the commission of the present
misdemeanor; (3) Any suspended sentence, sentence of probation, sentence
of parole supervision, conditional discharge or unconditional discharge
shall be deemed to be a sentence; (4) Each sentence must not have been
imposed more than ten years before the commission of the present misde-
meanor. When computing the ten year period, any period of time during
which the defendant was incarcerated for any reason shall extend the ten
year period. The extension of time shall equal the time during which the
defendant was incarcerated; (5) Any offense for which the defendant has
been pardoned shall not be deemed to be a previous qualifying misdemea-
nor or felony conviction; and (6) When multiple sentences are imposed at
the same time for multiple convictions, the multiple convictions shall
be deemed to constitute one conviction.
Finally, nothing in section 240.76 shall be construed to prosecution or
conviction for any other offense, a necessary element of which is a
previous conviction for an offense.
Section five provides that this act shall take effect immediately.
EXISTING LAW: Under current law, offenders who commit multiple felonies
reasonably receive enhanced penalties for their repeated felony conduct,
offenders who commit multiple misdemeanors, on the other hand, generally
JUSTIFICATION: Public safety is better protected and promoted by
requiring persistent offenders to serve enhanced sentences. While there
have been historic decreases in crime across New York State since 1995,
repeat misdemeanors continue to plague our streets and communities,
often receiving little or no punishment for the offenses they commit.
while current law adequately recognizes the harm caused by repeat felony
offenders by mandating enhanced penalties, it does not adequately
address the problem of misdemeanor recidivism.
A significant majority of those convicted of misdemeanors every year
have at least one prior conviction and disturbingly large minority had
more than ten prior convictions. Although some of these offenders have
criminal histories dating back to the 1970s, few have received meaning-
ful sanctions. Regrettably, current law has afforded these offenders a
license to commit misdemeanor offenses virtually without penalty. For
many of these offenders, crime is a way of life. Their rap sheets are
their resumes and although their crimes are not traditional felony
crimes, the constant and repetitive nature of their offenses can be
equally damaging to society.
Law-abiding citizens should not be forced to endure the crimes of chron-
ic misdemeanor offenders. The bill, therefore, creates the new felony
offense of aggravated criminal conduct and punishes appropriately those
who repeatedly commit misdemeanor offenses. Under the bill, an offender
who commits his or her fourth misdemeanor (or felony) after having been
previously convicted of three or more misdemeanors (or felonies) within
the previous ten years will be punished as an E felon and will face up
to four years in state prison.
Recognizing the challenges prosecutors may face ensuring that repeat
misdemeanor cases are handled properly, the bill also provides that
criminal history records, when certified by a person designated by the
Commissioner of the Division of Criminal Justice Services as the person
to certify such records, including electronic transmissions of such
records, are admissible in felony hearings and grand jury proceedings.
It is clear that the current system that has allowed persistent misde-
meanor offenders to commit their crimes with minimal or meaningless
sanctions is intolerable. Like repeat felons, repeat misdemeanor offen-
ders must face enhanced penalties commensurate with their conduct.
LEGISLATIVE HISTORY: 2012: S.643-A - Referred to Codes 2011: S.643 -
Passed Senate 2009-10: S.2105- Referred to Codes both years 2007-8:
S.2050 -Referred to Codes both years 2005-6: S.2884 -Referred to Codes
both years 2004: S.2050 - Referred to Codes 2003: S.2050 - Passed Senate
2001-2: S.2616 - Referred to Codes both years 2000: S.2943 - 3rd Reading
1999: S.2943 - Passed Senate 1997-8: S.252 - Referred to Codes both
years 1996-7: S.4893 - referred to Codes both years
FISCAL IMPLICATIONS: It is not anticipated that this legislation will
have any significant fiscal impact
EFFECTIVE DATE: This act shall take effect immediately.
view full text
S T A T E O F N E W Y O R K ________________________________________________________________________ 3074 2013-2014 Regular Sessions I N S E N A T E January 29, 2013 ___________ Introduced by Sen. GOLDEN -- read twice and ordered printed, and when printed to be committed to the Committee on Codes 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 written document, such written document may be received in such grand jury proceeding provided that: (a) a transmittal memorandum completed by the person sending the report, FORM OR RECORD contains a certification that the report, FORM OR RECORD has not been altered and a description of the report, FORM OR RECORD specifying the number of pages; and (b) EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07247-01-3 S. 3074 2 the person who receives the electronically transmitted document certi- fies that such document and transmittal memorandum were so received; and (c) a certified report, FORM OR RECORD or a certified copy or sworn statement or sworn copy thereof is filed with the court within twenty days following arraignment upon the indictment; and (d) where such writ- ten document is a sworn statement or sworn copy thereof of the kind described in subdivision three of this section, such sworn statement or sworn copy thereof is also provided to the defendant or his counsel within twenty days following arraignment upon the indictment. S 3. Subdivision 3-a of section 190.30 of the criminal procedure law, as added by chapter 453 of the laws of 1999, is amended to read as follows: 3-a. A sex offender registration form, sex offender registration continuation/supplemental form, sex offender registry address verifica- tion form, sex offender change of address form, CRIMINAL HISTORY RECORD, or a copy of such form OR RECORD, maintained by the division of criminal justice services concerning an individual who is the subject of a grand jury proceeding, may, when certified by a person designated by the commissioner of the division of criminal justice services as the person to certify such FORMS OR records, as a true copy thereof, be received in such grand jury proceeding as evidence of the facts stated therein. S 4. 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 THREE OR MORE QUALIFYING MISDEMEANOR OR FELONY CONVICTIONS WITHIN THE PRECEDING TEN 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 THREE OR MORE QUALIFYING MISDEMEANOR OR FELONY CONVICTIONS WITHIN THE PRECEDING TEN YEARS, THE FOLLOWING CRITE- RIA SHALL APPLY: (A) EACH CONVICTION MUST HAVE BEEN IN THIS STATE OF A CLASS A MISDE- MEANOR DEFINED IN THIS CHAPTER OR OF A FELONY, OR OF A CRIME IN ANY OTHER JURISDICTION FOR WHICH A SENTENCE TO A TERM OF IMPRISONMENT OF AT LEAST ONE YEAR OR A SENTENCE OF DEATH WAS AUTHORIZED AND IS AUTHORIZED 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 DISCHARGE OR OF UNCONDITIONAL DISCHARGE SHALL BE DEEMED TO BE A SENTENCE; (D) EXCEPT AS PROVIDED IN PARAGRAPH (E) OF THIS SUBDIVISION, EACH SENTENCE MUST HAVE BEEN IMPOSED NOT MORE THAN TEN YEARS BEFORE COMMIS- SION OF THE PRESENT MISDEMEANOR; (E) IN CALCULATING THE TEN YEAR PERIOD UNDER PARAGRAPH (D) OF THIS SUBDIVISION, ANY PERIOD OF TIME DURING WHICH THE DEFENDANT WAS INCARCER- ATED FOR ANY REASON BETWEEN THE TIME OF COMMISSION OF ANY OF THE PREVI- OUS CONVICTIONS AND THE TIME OF COMMISSION OF THE PRESENT MISDEMEANOR SHALL BE EXCLUDED AND SUCH TEN YEAR PERIOD SHALL BE EXTENDED BY A PERIOD OR PERIODS EQUAL TO THE TIME SERVED; S. 3074 3 (F) AN OFFENSE FOR WHICH THE DEFENDANT HAS BEEN PARDONED ON THE GROUND OF INNOCENCE SHALL NOT BE DEEMED A PREVIOUS MISDEMEANOR OR FELONY CONVICTION; (G) WHEN MULTIPLE SENTENCES FOR TWO OR MORE CONVICTIONS WERE IMPOSED AT THE SAME TIME, ALL CONVICTIONS SHALL BE DEEMED TO CONSTITUTE ONLY ONE CONVICTION. 4. NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO PRECLUDE A PROSECUTION OR CONVICTION FOR ANY OTHER OFFENSE, A NECESSARY ELEMENT OF WHICH IS A PREVIOUS CONVICTION FOR AN OFFENSE. AGGRAVATED CRIMINAL CONDUCT IS A CLASS E FELONY. S 5. This act shall take effect immediately.
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