senate Bill S1342

2017-2018 Legislative Session

Includes within the felonies of gang assault in the first and second degrees, gang assaults committed by use of a motor vehicle

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Archive: Last Bill Status - In Senate Committee Codes Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (11)
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

S1342 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add §70.12, Pen L
Versions Introduced in Other Legislative Sessions:
2013-2014: S6179
2015-2016: S3577

S1342 (ACTIVE) - Summary

Includes within the felonies of gang assault in the first and second degree, gang assaults committed by use of a motor vehicle.

S1342 (ACTIVE) - Sponsor Memo

S1342 (ACTIVE) - 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.

S1342A (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add §70.12, Pen L
Versions Introduced in Other Legislative Sessions:
2013-2014: S6179
2015-2016: S3577

S1342A (ACTIVE) - Summary

Includes within the felonies of gang assault in the first and second degree, gang assaults committed by use of a motor vehicle.

S1342A (ACTIVE) - Sponsor Memo

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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