Bill S5096-2011

Creates the crime of aggravated criminal conduct where an individual commits a misdemeanor and has been previously subjected to four or more qualifying misdemeanor

Creates the crime of aggravated criminal conduct where an individual commits a misdemeanor and has been previously subjected to four or more qualifying misdemeanor convictions within the preceding five years; in calculating the five year period, any period of time during which the defendant was incarcerated for any reason between the time of commission of any of the previous convictions and the time of commission of the present misdemeanor shall be excluded and such five year period shall be extended by a period or periods equal to the time served.

Details

Actions

  • Mar 29, 2012: referred to codes
  • Mar 29, 2012: DELIVERED TO ASSEMBLY
  • Mar 29, 2012: PASSED SENATE
  • Mar 22, 2012: ADVANCED TO THIRD READING
  • Mar 21, 2012: 2ND REPORT CAL.
  • Mar 20, 2012: 1ST REPORT CAL.423
  • Jan 4, 2012: REFERRED TO CODES
  • Jun 24, 2011: COMMITTED TO RULES
  • Jun 1, 2011: ADVANCED TO THIRD READING
  • May 25, 2011: 2ND REPORT CAL.
  • May 24, 2011: 1ST REPORT CAL.806
  • May 3, 2011: REFERRED TO CODES

Votes

VOTE: COMMITTEE VOTE: - Codes - May 24, 2011
Ayes (10): Saland, DeFrancisco, Flanagan, Fuschillo, Gallivan, Golden, Lanza, Nozzolio, O'Mara, Huntley
Ayes W/R (1): Perkins
Nays (5): Gianaris, Duane, Parker, Squadron, Espaillat
VOTE: COMMITTEE VOTE: - Codes - Mar 20, 2012
Ayes (9): Saland, DeFrancisco, Flanagan, Fuschillo, Gallivan, Golden, Lanza, Nozzolio, O'Mara
Ayes W/R (1): Huntley
Nays (6): Gianaris, Duane, Parker, Perkins, Squadron, Espaillat

Memo

BILL NUMBER:S5096

TITLE OF BILL: An act to amend the penal law, in relation to creating the crime of aggravated criminal conduct where an individual commits a misdemeanor and has been previously subjected to four or more qualifying misdemeanor convictions within the preceding five years

PURPOSE: This legislation would create the crime of aggravated criminal conduct where an individual commits a misdemeanor and has been previously subjected to four or more qualifying misdemeanor convictions within the preceding five years.

SUMMARY OF PROVISIONS: Adds a new section 240.75 to the New York State Penal Law to create the crime of aggravated criminal conduct where an individual commits a misdemeanor and has been previously subjected to four or more qualifying misdemeanor convictions within the preceding five years.

Each conviction must have been a crime in New York State and be a class A misdemeanor. In calculating the five year period, any period of time during which the defendant was incarcerated for any reason between the time of commission of any of the previous convictions and the time of the present misdemeanor will be excluded for the five year period timeframe.

Aggravated criminal conduct is a class E felony.

JUSTIFICATION: The New York State Division of Criminal Justice Services reports that 8,824 individuals had been convicted of five or more misdemeanors within the three years that ended Dec. 31, 2010. Of those more than 8,000 criminals, 1,600 of them had 10 or more convictions in the same time frame, and a staggering 169 criminals had 20 or more convictions.

Something must be done to remove these perpetual repeat offenders off the streets of New York State and behind bars. This legislation would create the crime of aggravated criminal conduct where an individual commits a misdemeanor and has been previously subjected to four or more qualifying misdemeanor convictions within the preceding five years.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the one hundred and eightieth day after it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 5096 2011-2012 Regular Sessions IN SENATE May 3, 2011 ___________
Introduced by Sen. MARCELLINO -- 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 creating the crime of aggravated criminal conduct where an individual commits a misdemeanor and has been previously subjected to four or more qualifying misdemea- nor convictions within the preceding five years 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 240.75 to read as follows: S 240.75 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 FOUR OR MORE QUALIFYING MISDEMEANOR CONVICTIONS WITHIN THE PRECEDING FIVE 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 FOUR OR MORE QUALIFYING MISDEMEANOR CONVICTIONS WITHIN THE PRECEDING FIVE YEARS, THE FOLLOWING CRITERIA SHALL APPLY: (A) EACH CONVICTION MUST HAVE BEEN IN THIS STATE AND BE A CLASS A MISDEMEANOR AS DEFINED IN THIS CHAPTER, OR OF A CRIME IN ANY OTHER JURISDICTION FOR WHICH A SENTENCE TO A TERM OF IMPRISONMENT OF AT LEAST ONE YEAR WAS AUTHORIZED AND IS A CRIME 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 FIVE YEARS BEFORE COMMIS- SION OF THE PRESENT MISDEMEANOR; (E) IN CALCULATING THE FIVE 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 FIVE YEAR PERIOD SHALL BE EXTENDED BY A PERI- OD 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 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. S 2. This act shall take effect on the one hundred eightieth day after it shall have become a law.

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