senate Bill S3074

2013-2014 Legislative Session

Establishes crime of aggravated criminal conduct

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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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 07, 2014 referred to codes
delivered to assembly
passed senate
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
passed senate
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

Votes

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Mar 25, 2014 - Codes committee Vote

S3074
11
4
committee
11
Aye
4
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Codes Committee Vote: Mar 25, 2014

aye wr (1)

May 8, 2013 - Codes committee Vote

S3074
14
1
committee
14
Aye
1
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

S3074 - Bill Details

See Assembly Version of this Bill:
A580
Current Committee:
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§180.60 & 190.30, CP L; add §240.76, Pen L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S643A, A2551
2009-2010: S2105, A4388

S3074 - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S3074

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
do not.

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.

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                    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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