Assembly Bill A4626

2019-2020 Legislative Session

Establishes crime of aggravated criminal conduct

download bill text pdf

Sponsored By

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

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2019-A4626 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§180.60 & 190.30, CP L; add §240.78, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: A4388
2011-2012: A2551
2013-2014: A580
2015-2016: A1614
2017-2018: A2151
2021-2022: A3211
2023-2024: A4479

2019-A4626 (ACTIVE) - Summary

Establishes crime of aggravated criminal conduct to provide more severe penalties for persons who have committed 3 or more qualifying misdemeanors or felonies within ten years of the present class A misdemeanor offense.

2019-A4626 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4626
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2019
                                ___________
 
 Introduced by M. of A. PRETLOW -- Multi-Sponsored by -- M. of A. LUPARDO
   -- read once and referred 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.
              

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