Assembly Bill A8348

2013-2014 Legislative Session

Provides that vehicular crimes committed by a gang shall be deemed to be one category higher than the specified crime committed

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Archive: Last Bill Status - Stricken

  • 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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2013-A8348 (ACTIVE) - Details

See Senate Version of this Bill:
S6179
Law Section:
Penal Law
Laws Affected:
Add §70.12, Pen L
Versions Introduced in Other Legislative Sessions:
2015-2016: S3577
2017-2018: S1342

2013-A8348 (ACTIVE) - Summary

Provides that vehicular crimes committed by a gang shall be deemed to be one category higher than the specified crime committed.

2013-A8348 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8348

                          I N  A S S E M B L Y

                             January 9, 2014
                               ___________

Introduced  by  M. of A. ROSA -- read once and referred 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:
S 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.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.


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

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