Senate Bill S702

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

                                   702

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. SAMPSON -- 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

  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 240.74  to
read as follows:
S 240.74 AGGRAVATED CRIMINAL CONDUCT.
  1.  A PERSON IS GUILTY OF AGGRAVATED CRIMINAL CONDUCT WHEN SUCH PERSON
COMMITS A CLASS A MISDEMEANOR AND HAS BEEN CONVICTED  OF  FIVE  OR  MORE
QUALIFYING  MISDEMEANOR  OR  FELONY  CONVICTIONS  WITHIN THE IMMEDIATELY
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 CONVICTED OF FIVE OR MORE QUALIFYING MISDEMEANOR  OR
FELONY  CONVICTIONS  WITHIN  THE  IMMEDIATELY  PRECEDING FIVE YEARS, THE
FOLLOWING CRITERIA SHALL APPLY:
  (A) EACH CONVICTION SHALL HAVE BEEN FOR A CLASS A MISDEMEANOR; A FELO-
NY; OR OF A CRIME IN ANOTHER JURISDICTION FOR WHICH A SENTENCE TO A TERM
OF IMPRISONMENT OF AT LEAST ONE YEAR IS AUTHORIZED IN THIS  STATE  IRRE-
SPECTIVE OF WHETHER SUCH SENTENCE WAS IMPOSED;
  (B)  SENTENCE  UPON EACH SUCH PRIOR CONVICTION SHALL 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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01800-01-3
              

S. 702                              2

  (D)  EXCEPT  AS  PROVIDED  IN  PARAGRAPH (E) OF THIS SUBDIVISION, EACH
SENTENCE SHALL HAVE BEEN IMPOSED NOT MORE THAN FIVE YEARS BEFORE COMMIS-
SION OF THE PRESENT MISDEMEANOR;
  (E) AN OFFENSE FOR WHICH THE DEFENDANT HAS BEEN PARDONED ON THE GROUND
OF  INNOCENCE  SHALL  NOT  BE  DEEMED  A  PREVIOUS MISDEMEANOR OR FELONY
CONVICTION;
  (F) IN CALCULATING THE FIVE YEAR PERIOD UNDER SUBDIVISION ONE OF  THIS
SECTION,  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 THE COMMISSION OF THE PRESENT MISDEMEANOR
SHALL BE EXCLUDED AND SUCH FIVE YEAR PERIOD SHALL BE EXTENDED BY A PERI-
OD OR PERIODS EQUAL TO THE TIME SERVED;
  (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.
  AGGRAVATED CRIMINAL CONDUCT IS A CLASS E FELONY.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.