senate Bill S3767A

2013-2014 Legislative Session

Enacts the "witness protection and gang violence reduction act of 2014"; repealer

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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 (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 06, 2014 print number 3767a
amend and recommit to codes
Jan 08, 2014 referred to codes
Feb 14, 2013 referred to codes

S3767 - Details

See Assembly Version of this Bill:
A9023
Current Committee:
Law Section:
Penal Law
Laws Affected:
Rpld §265.08, amd Pen L, generally; amd §§50.10, 190.40, 60.35, 700.05 & 710.20, CP L

S3767 - Summary

Enacts the "witness protection and gang violence reduction act of 2014"; establishes the class A-I felony of aggravated enterprise corruption for the commission of enterprise corruption entailing the commission of A and B felonies; enhances crimes related to gang assault; establishes the class C felony of coercion in the first degree for coercion committed upon a person under sixteen years of age, or at a school or upon or near a school bus (view more) expands the offenses related to tampering with a witness, and intimidating a victim or witness; enhances the offenses related to obstructing governmental administration; limits the scope of the granting of immunity from criminal prosecution; expands the scope of criminal use of a firearm; provides that prior contradictory statements in a criminal proceeding shall constitute evidence in chief.

S3767 - Sponsor Memo

S3767 - Bill Text download pdf

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

                                  3767

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 14, 2013
                               ___________

Introduced  by  Sen.  KLEIN  -- 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  aggravated  enterprise
  corruption,  gang  assault, coercion, tampering with a witness, intim-
  idating a victim or witness, obstructing governmental  administration,
  criminal  use  of  a  firearm,  sexually  motivated  felonies and hate
  crimes; to amend the criminal procedure law, in relation to compulsion
  of evidence by offer  of  immunity,  prior  contradictory  statements,
  warrants  for  eavesdropping  and  video  surveillance  and motions to
  suppress evidence; and to repeal  section  265.08  of  the  penal  law
  relating to criminal use of a firearm in the second degree

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Short title. This shall be known and may be  cited  as  the
"witness protection and gang violence reduction act of 2013".
  S  2.  The penal law is amended by adding a new section 460.23 to read
as follows:
S 460.23 AGGRAVATED ENTERPRISE CORRUPTION.
  A PERSON IS GUILTY OF AGGRAVATED ENTERPRISE CORRUPTION WHEN HE OR  SHE
COMMITS THE CRIME OF ENTERPRISE CORRUPTION, AS DEFINED IN SECTION 460.20
OF  THIS ARTICLE, AND TWO OR MORE OF THE ACTS THAT CONSTITUTE HIS OR HER
PATTERN OF CRIMINAL ACTIVITY ARE EITHER A CLASS A OR CLASS B FELONY, AND
AT LEAST ONE SUCH ACT IS A VIOLENT FELONY OFFENSE, AS DEFINED IN  SUBDI-
VISION ONE OF SECTION 70.02 OF THIS CHAPTER OR A CLASS A-I FELONY.
  AGGRAVATED ENTERPRISE CORRUPTION IS A CLASS A-I FELONY.
  S 3. The penal law is amended by adding a new section 120.05-a to read
as follows:
S 120.05-A GANG ASSAULT IN THE THIRD DEGREE.
  A  PERSON IS GUILTY OF GANG ASSAULT IN THE THIRD DEGREE WHEN, WITH THE
INTENT TO CAUSE PHYSICAL INJURY TO ANOTHER PERSON AND WHEN AIDED BY  TWO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05859-03-3

S3767A (ACTIVE) - Details

See Assembly Version of this Bill:
A9023
Current Committee:
Law Section:
Penal Law
Laws Affected:
Rpld §265.08, amd Pen L, generally; amd §§50.10, 190.40, 60.35, 700.05 & 710.20, CP L

S3767A (ACTIVE) - Summary

Enacts the "witness protection and gang violence reduction act of 2014"; establishes the class A-I felony of aggravated enterprise corruption for the commission of enterprise corruption entailing the commission of A and B felonies; enhances crimes related to gang assault; establishes the class C felony of coercion in the first degree for coercion committed upon a person under sixteen years of age, or at a school or upon or near a school bus (view more) expands the offenses related to tampering with a witness, and intimidating a victim or witness; enhances the offenses related to obstructing governmental administration; limits the scope of the granting of immunity from criminal prosecution; expands the scope of criminal use of a firearm; provides that prior contradictory statements in a criminal proceeding shall constitute evidence in chief.

S3767A (ACTIVE) - Sponsor Memo

S3767A (ACTIVE) - Bill Text download pdf

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

                                 3767--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 14, 2013
                               ___________

Introduced  by  Sen.  KLEIN  -- 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  penal law, in relation to aggravated enterprise
  corruption, gang assault, coercion, tampering with a  witness,  intim-
  idating  a victim or witness, obstructing governmental administration,
  criminal use of  a  firearm,  sexually  motivated  felonies  and  hate
  crimes; to amend the criminal procedure law, in relation to compulsion
  of  evidence  by  offer  of  immunity, prior contradictory statements,
  warrants for eavesdropping  and  video  surveillance  and  motions  to
  suppress  evidence;  and  to  repeal  section  265.08 of the penal law
  relating to criminal use of a firearm in the second degree

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Short  title. This shall be known and may be cited as the
"witness protection and gang violence reduction act of 2014".
  S 2. The penal law is amended by adding a new section 460.23  to  read
as follows:
S 460.23 AGGRAVATED ENTERPRISE CORRUPTION.
  A  PERSON IS GUILTY OF AGGRAVATED ENTERPRISE CORRUPTION WHEN HE OR SHE
COMMITS THE CRIME OF ENTERPRISE CORRUPTION, AS DEFINED IN SECTION 460.20
OF THIS ARTICLE, AND TWO OR MORE OF THE ACTS THAT CONSTITUTE HIS OR  HER
PATTERN OF CRIMINAL ACTIVITY ARE EITHER A CLASS A OR CLASS B FELONY, AND
AT  LEAST ONE SUCH ACT IS A VIOLENT FELONY OFFENSE, AS DEFINED IN SUBDI-
VISION ONE OF SECTION 70.02 OF THIS CHAPTER OR A CLASS A-I FELONY.
  AGGRAVATED ENTERPRISE CORRUPTION IS A CLASS A-I FELONY.
  S 3. The penal law is amended by adding a new section 120.05-a to read
as follows:
S 120.05-A GANG ASSAULT IN THE THIRD DEGREE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05859-05-4

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