senate Bill S702

2013-2014 Legislative Session

Creates the crime of aggravated criminal conduct

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Archive: Last Bill Status - In Committee


  • 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
Jan 08, 2014 referred to codes
Jan 09, 2013 referred to codes

S702 - Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Add ยง240.75, Pen L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1621
2009-2010: S72

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

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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