Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 03, 2018 |
referred to codes returned to senate died in assembly |
Jun 13, 2017 |
referred to codes delivered to assembly passed senate |
May 01, 2017 |
amended on third reading (t) 1342a |
Mar 23, 2017 |
advanced to third reading |
Mar 22, 2017 |
2nd report cal. |
Mar 21, 2017 |
1st report cal.491 |
Jan 09, 2017 |
referred to codes |
Senate Bill S1342A
2017-2018 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Codes 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
Bill Amendments
2017-S1342 - Details
- Current Committee:
- Senate Codes
- Law Section:
- Penal Law
- Laws Affected:
- Amd §§120.06 & 120.07, Pen L
- Versions Introduced in Other Legislative Sessions:
-
2013-2014:
S6179
2015-2016: S3577
2017-S1342 - Sponsor Memo
BILL NUMBER: S1342 TITLE OF BILL : An act to amend the penal law, in relation to vehicular gang activity PURPOSE : Provides that vehicular crimes committed by a gang shall be deemed to be one category higher than the specified crime. SUMMARY OF PROVISIONS : Defines "vehicular offense" as any misdemeanor or felony committed while operating a motor vehicle. "Vehicular gang activity" shall mean the commission of any vehicular offense where a person is aided by two or more others persons actually present. Any person convicted of "vehicular gang activity" which is class C, D, or E felony or misdemeanor shall be deemed to be one category higher than the crime the person committed or attempted or conspired to commit. Penalties for Class B felonies shall also be increased pursuant to section 70.00, 70.02, 70.04 & 70.06 of this article.
2017-S1342 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1342 2017-2018 Regular Sessions I N S E N A T E January 9, 2017 ___________ Introduced by Sen. ALCANTARA -- 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: § 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. § 2. This act shall take effect on the one hundred eightieth day after it shall have become a law.
2017-S1342A (ACTIVE) - Details
- Current Committee:
- Senate Codes
- Law Section:
- Penal Law
- Laws Affected:
- Amd §§120.06 & 120.07, Pen L
- Versions Introduced in Other Legislative Sessions:
-
2013-2014:
S6179
2015-2016: S3577
2017-S1342A (ACTIVE) - Sponsor Memo
BILL NUMBER: S1342A TITLE OF BILL : An act to amend the penal law, in relation to gang assault PURPOSE : Provides that vehicular crimes committed by a gang shall be deemed to be one category higher than the specified crime. SUMMARY OF PROVISIONS : Defines "vehicular offense" as any misdemeanor or felony committed while operating a motor vehicle. "Vehicular gang activity" shall mean the commission of any vehicular offense where a person is aided by two or more others persons actually present. Any person convicted of "vehicular gang activity" which is class C, D, or E felony or misdemeanor shall be deemed to be one category higher than the crime the person committed or attempted or conspired to commit. Penalties for Class B felonies shall also be increased pursuant to section 70.00, 70.02, 70.04 & 70.06 of this article.
2017-S1342A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1342--A Cal. No. 491 2017-2018 Regular Sessions I N S E N A T E January 9, 2017 ___________ Introduced by Sen. ALCANTARA -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- reported favora- bly from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the penal law, in relation to gang assault THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 120.06 of the penal law, as added by chapter 647 of the laws of 1996, is amended to read as follows: § 120.06 Gang assault in the second degree. A person is guilty of gang assault in the second degree when[, with]: 1. WITH intent to cause physical injury to another person and when aided by two or more other persons actually present, he OR SHE causes serious physical injury to such person or to a third person[.]; OR 2. HE OR SHE OPERATES A MOTOR VEHICLE WITH INTENT TO CAUSE PHYSICAL INJURY TO ANOTHER PERSON AND WHEN AIDED BY TWO OR MORE OTHER PERSONS ACTUALLY PRESENT, HE OR SHE CAUSES SERIOUS PHYSICAL INJURY TO SUCH PERSON OR TO A THIRD PERSON. Gang assault in the second degree is a class C felony. § 2. Section 120.07 of the penal law, as added by chapter 647 of the laws of 1996, is amended to read as follows: § 120.07 Gang assault in the first degree. A person is guilty of gang assault in the first degree when[, with]: 1. WITH intent to cause serious physical injury to another person and when aided by two or more other persons actually present, he OR SHE causes serious physical injury to such person or to a third person[.]; OR 2. HE OR SHE OPERATES A MOTOR VEHICLE WITH INTENT TO CAUSE SERIOUS PHYSICAL INJURY TO ANOTHER PERSON AND WHEN AIDED BY TWO OR MORE OTHER EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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