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Senate Bill S6179

2013-2014 Legislative Session

Provides that vehicular crimes committed by a gang shall be deemed to be one category higher than the specified crime committed

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2013-S6179 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add ยง70.12, Pen L
Versions Introduced in Other Legislative Sessions:
2015-2016: S3577
2017-2018: S1342

2013-S6179 (ACTIVE) - Summary

Provides that vehicular crimes committed by a gang shall be deemed to be one category higher than the specified crime committed.

2013-S6179 (ACTIVE) - Sponsor Memo

2013-S6179 (ACTIVE) - Bill Text download pdf 

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

                                  6179

                            I N  S E N A T E

                               (PREFILED)

                             January 8, 2014
                               ___________

Introduced by Sen. ESPAILLAT -- 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 vehicular gang activity

  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  70.12  to
read as follows:
S 70.12 SENTENCE OF IMPRISONMENT FOR VEHICULAR GANG ACTIVITY.
  1.  DEFINITIONS. THE TERM "VEHICULAR OFFENSE" SHALL MEAN ANY MISDEMEA-
NOR OR FELONY COMMITTED  WHILE  OPERATING  A  MOTOR  VEHICLE.  THE  TERM
"VEHICULAR  GANG  ACTIVITY"  SHALL  MEAN THE COMMISSION OF ANY VEHICULAR
OFFENSE WHERE A PERSON IS AIDED BY TWO OR MORE  OTHER  PERSONS  ACTUALLY
PRESENT.
  2.  AUTHORIZED  SENTENCE.  (A)  NOTWITHSTANDING ANY OTHER PROVISION OF
LAW, WHEN A PERSON IS CONVICTED OF A VEHICULAR GANG ACTIVITY WHICH IS  A
CLASS  C,  D, OR E FELONY OR A MISDEMEANOR, THE CRIME SHALL BE DEEMED TO
BE ONE CATEGORY HIGHER THAN THE CRIME THE PERSON COMMITTED, OR ATTEMPTED
OR CONSPIRED TO COMMIT.
  (B) NOTWITHSTANDING ANY OTHER PROVISION  OF  LAW,  WHEN  A  PERSON  IS
CONVICTED OF VEHICULAR GANG ACTIVITY WHICH IS A CLASS B FELONY:
  (I)  THE  MAXIMUM  TERM OF THE INDETERMINATE SENTENCE MUST BE AT LEAST
SIX YEARS IF THE DEFENDANT IS SENTENCED PURSUANT  TO  SECTION  70.00  OF
THIS ARTICLE;
  (II) THE TERM OF THE DETERMINATE SENTENCE MUST BE AT LEAST EIGHT YEARS
IF THE DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.02 OF THIS ARTICLE;
  (III)  THE  TERM  OF  THE DETERMINATE SENTENCE MUST BE AT LEAST TWELVE
YEARS IF THE DEFENDANT IS SENTENCED PURSUANT TO SECTION  70.04  OF  THIS
ARTICLE;
  (IV) THE MAXIMUM TERM OF THE INDETERMINATE SENTENCE OR THE TERM OF THE
DETERMINATE  SENTENCE  MUST  BE  AT  LEAST TEN YEARS IF THE DEFENDANT IS
SENTENCED PURSUANT TO SECTION 70.06 OF THIS ARTICLE.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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