|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to codes|
|Jan 09, 2013||referred to codes|
senate Bill S702
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S702 - Details
S702 - Summary
Creates the class E felony of aggravated criminal conduct; provides that 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 misdemeanors or felony convictions within the preceding five years.
S702 - Sponsor Memo
BILL NUMBER:S702 TITLE OF BILL: An act to amend the penal law, in relation to creating the crime of aggravated criminal conduct PURPOSE OR GENERAL IDEA OF BILL: The bill would amend the penal law by creating a criminal offense designed to punish and deter persistent criminal offenders. SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill amends the penal law by creating the criminal offense of aggravated criminal conduct and is punishable as a class E felony. EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER: The bill amends the penal law by creating a criminal offense designed to provide significant punishment to persistent misdemeanor offenders. The current law does not have any like provisions. JUSTIFICATION: This bill will create a criminal offense that will provide an additional punishment to criminal offenders that have been
S702 - Bill Text download pdf
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
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