NY State Senate Bill 2019-S1393

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to codes
Jan 14, 2019	referred to codes

2019-S1393 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§180.60 & 190.30, CP L; add §240.80, Pen L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S4148
2021-2022: S1330
2023-2024: S676

2019-S1393 (ACTIVE) - Summary

Enacts the "chronic criminal act"; establishes the crime of aggravated criminal conduct.

2019-S1393 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1393

SPONSOR: TEDISCO
 
TITLE OF BILL:

An act to amend the criminal procedure law and the penal law, in
relation to enacting the "chronic criminal act"

 
PURPOSE OR GENERAL IDEA OF BILL:

To strengthen the existing law by creating the crime of aggravated crim-
inal conduct, enabling courts to impose felony sanctions on chronic
misdemeanor offenders, thereby enhancing public safety.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 states the short title of the bill.

Sections 2 amends section 180.60 of the Criminal Procedure Law to
include criminal history records among the types of records that are
admissible in hearings upon felony complaints.

Section 3 amends subdivision 190.30 (2-a) of the Criminal Procedure Law
to allow electronic transmissions of criminal history records in
evidence, in hearings upon felony complaints, and in grand jury
proceedings.

Section 4 amends subdivision 3-a of section 190.30 of the Criminal
Procedure Law to include criminal history records among the types of
records admissible in a grand jury proceeding.

Section 5 adds a new section 240.80 to the penal law, creating the new
crime of Aggravated. Criminal Conduct, a Class E felony, A person would
commit the crime of Aggravated Criminal Conduct when he or she:  (1)
commits an A misdemeanor defined in the Penal Law; and (2) has previous-
ly been convicted of three or more qualifying misdemeanor or felony
crimes in the preceding ten years.

For the purposes of this section, a qualifying misdemeanor or felony
conviction is one: (1)that is a conviction of a felony crime or a Class
A misdemeanor defined in the Penal Law, or .of a crime in another juris-
diction for which a sentence of at least one year was authorized if
committed in New York State; (2)for which sentence has already been
imposed at the time of the commission of the present misdemeanor
offense(a suspended sentence, suspended execution of sentence, sentence
of probation, sentence of parole supervision, unconditional discharge is
deemed to be a sentence); (3) where the sentence was imposed not more
than ten years before the commission of the present offense, except that
periods of confinement toll the ten year limitation; (4) where the
defendant has not been granted a pardon on the ground of innocence; and
that is not a felony or Class A misdemeanor for which the defendant
received a concurrent sentence for another qualifying misdemeanor or
felony.

 
JUSTIFICATION:

Under current law, offenders who are convicted of second or subsequent
felony offenses receive enhanced penalties at sentencing; offenders who
are convicted of second, third or more misdemeanors, do not.  Despite
the overall reduction in crime in New York State in recent years, repeat
misdemeanants continue to plague our streets and our communities, often
receiving little or no punishment for the offenses they continue to
commit. A significant majority of those convicted of misdemeanors each
year has at least one prior conviction, and disturbingly, a significant
percentage has more than ten prior convictions.

Kareem Hayes admitted to stabbing and murdering Hillary Downey and her
one-year old son in her Schenectady, New York apartment in January 2006.
A habitual offender, Hayes had a lengthy record, including numerous
misdemeanor convictions, at the time of the murders, including a misde-
meanor conviction from January 2005, Had this bill been law in January
2005, Hayes could have been serving a prison sentence in January 2006
and this terrible crime could have been avoided.

This legislation creates the new Class E felony offense of Aggravated
Criminal Conduct and appropriately punishes those who repeatedly commit
misdemeanor offenses. Under this bill, an offender who commits his
fourth misdemeanor or felony offense, after having been previously
convicted of three or more misdemeanors or felonies within the previous
ten years, will be punished as a Class E felon and face up to four years
in state prison.

To ensure proper handling of these cases involving repeat misdemeanor
offenders, the bill provides that criminal history records, when certi-
fied by the Commissioner of the Division of Criminal Justice Services or
his designee, shall be admissible in felony hearings and grand jury
proceedings.  The current system has allowed persistent misdemeanor
offenders to continue to commit crimes with little reason to fear seri-
ous sentencing consequences. Our citizens should not be subject to the
many quality of life crimes committed by these repeat offenders. Like
repeat felons, repeat misdemeanor offenders must face enhanced penalties
if our efforts to deter crime is to be successful.

 
PRIOR LEGISLATIVE HISTORY:

02/03/17: S.4148 REFERRED TO CODES
01/03/18: S.4148 REFERRED TO CODES

 
FISCAL IMPLICATIONS:

Undetermined

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S1393 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1393
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 14, 2019
                                ___________
 
 Introduced  by  Sen. TEDISCO -- 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 enacting the "chronic criminal act"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "chronic criminal act".
   § 2. 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 OF THIS PART are admissible to the same extent as in a grand jury
 proceeding, unless the court determines, upon application of the defend-
 ant,  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-exa-
 mination.
   § 3. 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05186-01-9

 S. 1393                             2
 
 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)
 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.
   §  4. 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.
   § 5. The penal law is amended by adding a new section 240.80  to  read
 as follows:
 § 240.80 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

 S. 1393                             3
 
 SHALL BE EXCLUDED AND SUCH TEN YEAR PERIOD SHALL BE EXTENDED BY A PERIOD
 OR PERIODS EQUAL TO THE TIME SERVED;
   (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.
   § 6. This act shall take effect immediately.

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Senate Bill S1393

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

2019-S1393 (ACTIVE) - Details

2019-S1393 (ACTIVE) - Summary

2019-S1393 (ACTIVE) - Sponsor Memo

2019-S1393 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1393

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Sponsored By

James Tedisco

Archive: Last Bill Status - In Senate Committee Codes Committee

2019-S1393 (ACTIVE) - Details

2019-S1393 (ACTIVE) - Summary

2019-S1393 (ACTIVE) - Sponsor Memo

2019-S1393 (ACTIVE) - Bill Text download pdf

Comments