Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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---|---|
Apr 04, 2016 |
referred to codes delivered to assembly passed senate |
Mar 30, 2016 |
advanced to third reading |
Mar 29, 2016 |
2nd report cal. |
Mar 28, 2016 |
1st report cal.456 |
Jan 06, 2016 |
referred to codes returned to senate died in assembly |
Jun 10, 2015 |
referred to codes delivered to assembly passed senate |
Jun 08, 2015 |
advanced to third reading |
Jun 03, 2015 |
2nd report cal. |
Jun 02, 2015 |
1st report cal.1292 |
Jan 07, 2015 |
referred to codes |
Senate Bill S447
2015-2016 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
co-Sponsors
(R, C) 7th Senate District
2015-S447 (ACTIVE) - Details
2015-S447 (ACTIVE) - Summary
Creates the crime of aggravated criminal conduct where an individual commits a misdemeanor and has been previously subjected to four or more qualifying misdemeanor convictions within the preceding five years; provides that, in calculating the five year period, 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 commission of the present misdemeanor shall be excluded and such five year period shall be extended by a period or periods equal to the time served.
2015-S447 (ACTIVE) - Sponsor Memo
BILL NUMBER: S447 TITLE OF BILL : An act to amend the penal law, in relation to creating the crime of aggravated criminal conduct where an individual commits a misdemeanor and has been previously subjected to four or more qualifying misdemeanor convictions within the preceding five years PURPOSE : This legislation would create the crime of aggravated criminal conduct where an individual commits a misdemeanor and has been previously subjected to four or more qualifying misdemeanor convictions within the preceding five years. SUMMARY OF PROVISIONS : Adds a new section 240.78 to the New York State Penal Law to create the crime of aggravated criminal conduct where an individual commits a misdemeanor and has been previously subjected to four or more qualifying misdemeanor convictions within the preceding five years. Each conviction must have been a crime in New York State and be a class A misdemeanor. In calculating the five year period, 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
2015-S447 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 447 2015-2016 Regular Sessions I N S E N A T E (PREFILED) January 7, 2015 ___________ Introduced by Sen. MARCELLINO -- 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 where an individual commits a misdemeanor and has been previously subjected to four or more qualifying misdemea- nor convictions within the preceding five years 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 240.78 to read as follows: S 240.78 AGGRAVATED CRIMINAL CONDUCT. 1. A PERSON IS GUILTY OF AGGRAVATED CRIMINAL CONDUCT WHEN SUCH PERSON COMMITS A CLASS A MISDEMEANOR DEFINED IN THIS CHAPTER AFTER HAVING BEEN PREVIOUSLY SUBJECTED TO FOUR OR MORE QUALIFYING MISDEMEANOR CONVICTIONS WITHIN THE 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 SUBJECTED TO FOUR OR MORE QUALIFYING MISDEMEANOR CONVICTIONS WITHIN THE PRECEDING FIVE YEARS, THE FOLLOWING CRITERIA SHALL APPLY: (A) EACH CONVICTION MUST HAVE BEEN IN THIS STATE AND BE A CLASS A MISDEMEANOR AS DEFINED IN THIS CHAPTER, OR OF A CRIME IN ANY OTHER JURISDICTION FOR WHICH A SENTENCE TO A TERM OF IMPRISONMENT OF AT LEAST ONE YEAR WAS AUTHORIZED AND IS A CRIME IN THIS STATE IRRESPECTIVE OF WHETHER SUCH SENTENCE WAS IMPOSED; (B) SENTENCE UPON EACH SUCH PRIOR CONVICTION MUST 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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