S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2405
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2017
                                ___________
 
 Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the  criminal  procedure  law  and  the  penal  law,  in
   relation to aggravated criminal conduct
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Subdivision 8 of section 180.60 of the criminal  procedure
 law,  as  amended by chapter 307 of the laws of 1975, is amended to read
 as follows:
   8. Upon such a hearing, only non-hearsay  evidence  is  admissible  to
 demonstrate  reasonable  cause to believe that the defendant committed a
 felony; except that reports of experts and technicians  in  professional
 and  scientific  fields  and  sworn  statements, FORMS OR RECORDS of the
 kinds specified in subdivisions two [and], three AND THREE-A of  section
 190.30  are admissible to the same extent as in a grand jury proceeding,
 unless the court determines, upon application  of  the  defendant,  that
 such  hearsay  evidence  is,  under  the particular circumstances of the
 case, not sufficiently reliable, in which case the court  shall  require
 that the witness testify in person and be subject to cross-examination.
   §  2. Subdivision 2-a of section 190.30 of the criminal procedure law,
 as amended by chapter 453 of the laws of 1999, is  amended  to  read  as
 follows:
   2-a.  When  the electronic transmission of a certified report, FORM OR
 RECORD, or certified copy thereof, of the kind described in  subdivision
 two  or three-a of this section or a sworn statement or copy thereof, of
 the kind described in subdivision three of this  section  results  in  a
 written  document,  such  written document may be received in such grand
 jury proceeding provided that: (a) a transmittal memorandum completed by
 the person sending the report, FORM OR RECORD contains  a  certification
 that  the  report, FORM OR RECORD has not been altered and a description
 of the report, FORM OR RECORD specifying the number of  pages;  and  (b)
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04865-01-7

 S. 2405                             2
 
 the  person  who receives the electronically transmitted document certi-
 fies that such document and transmittal memorandum were so received; and
 (c) a certified report, FORM OR RECORD or  a  certified  copy  or  sworn
 statement  or  sworn  copy thereof is filed with the court within twenty
 days following arraignment upon the indictment; and (d) where such writ-
 ten document is a sworn statement or sworn  copy  thereof  of  the  kind
 described  in subdivision three of this section, such sworn statement or
 sworn copy thereof is also provided to  the  defendant  or  his  counsel
 within twenty days following arraignment upon the indictment.
   §  3. Subdivision 3-a of section 190.30 of the criminal procedure law,
 as added by chapter 453 of the laws of  1999,  is  amended  to  read  as
 follows:
   3-a.  A  sex  offender  registration  form,  sex offender registration
 continuation/supplemental form, sex offender registry address  verifica-
 tion form, sex offender change of address form, CRIMINAL HISTORY RECORD,
 or a copy of such form OR RECORD, maintained by the division of criminal
 justice  services concerning an individual who is the subject of a grand
 jury proceeding, may, when certified  by  a  person  designated  by  the
 commissioner  of the division of criminal justice services as the person
 to certify such FORMS OR records, as a true copy thereof, be received in
 such grand jury proceeding as evidence of the facts stated therein.
   § 4. The penal law is amended by adding a new section 240.78  to  read
 as follows:
 § 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 THREE OR MORE QUALIFYING MISDEMEANOR OR FELONY
 CONVICTIONS WITHIN THE PRECEDING TEN 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 THREE OR MORE QUALIFYING MISDEMEANOR OR
 FELONY CONVICTIONS WITHIN THE PRECEDING TEN YEARS, THE FOLLOWING  CRITE-
 RIA SHALL APPLY:
   (A)  EACH  CONVICTION MUST HAVE BEEN IN THIS STATE OF A CLASS A MISDE-
 MEANOR DEFINED IN THIS CHAPTER OR OF A FELONY, OR  OF  A  CRIME  IN  ANY
 OTHER  JURISDICTION FOR WHICH A SENTENCE TO A TERM OF IMPRISONMENT OF AT
 LEAST ONE YEAR OR A SENTENCE OF DEATH WAS AUTHORIZED AND  IS  AUTHORIZED
 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
 DISCHARGE OR  OF  UNCONDITIONAL  DISCHARGE  SHALL  BE  DEEMED  TO  BE  A
 SENTENCE;
   (D)  EXCEPT  AS  PROVIDED  IN  PARAGRAPH (E) OF THIS SUBDIVISION, EACH
 SENTENCE MUST HAVE BEEN IMPOSED NOT MORE THAN TEN YEARS  BEFORE  COMMIS-
 SION OF THE PRESENT MISDEMEANOR;
   (E)  IN  CALCULATING  THE  TEN YEAR PERIOD UNDER PARAGRAPH (D) OF THIS
 SUBDIVISION, ANY PERIOD OF TIME DURING WHICH THE DEFENDANT WAS INCARCER-
 ATED FOR ANY REASON BETWEEN THE TIME OF COMMISSION OF ANY OF THE  PREVI-
 OUS  CONVICTIONS  AND  THE TIME OF COMMISSION OF THE PRESENT MISDEMEANOR
 SHALL BE EXCLUDED AND SUCH TEN YEAR PERIOD SHALL BE EXTENDED BY A PERIOD
 OR PERIODS EQUAL TO THE TIME SERVED;

 S. 2405                             3
 
   (F) AN OFFENSE FOR WHICH THE DEFENDANT HAS BEEN PARDONED ON THE GROUND
 OF INNOCENCE SHALL NOT  BE  DEEMED  A  PREVIOUS  MISDEMEANOR  OR  FELONY
 CONVICTION;
   (G)  WHEN  MULTIPLE SENTENCES FOR TWO OR MORE CONVICTIONS WERE IMPOSED
 AT THE SAME TIME, ALL CONVICTIONS SHALL BE DEEMED TO CONSTITUTE ONLY ONE
 CONVICTION.
   4. NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO PRECLUDE  A
 PROSECUTION  OR CONVICTION FOR ANY OTHER OFFENSE, A NECESSARY ELEMENT OF
 WHICH IS A PREVIOUS CONVICTION FOR AN OFFENSE.
   AGGRAVATED CRIMINAL CONDUCT IS A CLASS E FELONY.
   § 5. This act shall take effect immediately; provided,  however,  that
 section four of this act shall take effect on the first of November next
 succeeding the date on which it shall have become a law.