Bill Text: NY A04479 | 2023-2024 | General Assembly | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2024-01-03 - referred to codes [A04479 Detail]
Download: New_York-2023-A04479-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4479 2023-2024 Regular Sessions IN ASSEMBLY February 16, 2023 ___________ Introduced by M. of A. PRETLOW -- read once and referred to the Commit- tee 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: 1 Section 1. Subdivision 8 of section 180.60 of the criminal procedure 2 law, as amended by chapter 307 of the laws of 1975, is amended to read 3 as follows: 4 8. Upon such a hearing, only non-hearsay evidence is admissible to 5 demonstrate reasonable cause to believe that the defendant committed a 6 felony; except that reports of experts and technicians in professional 7 and scientific fields and sworn statements, forms or records of the 8 kinds specified in subdivisions two [and], three and three-a of section 9 190.30 are admissible to the same extent as in a grand jury proceeding, 10 unless the court determines, upon application of the defendant, that 11 such hearsay evidence is, under the particular circumstances of the 12 case, not sufficiently reliable, in which case the court shall require 13 that the witness testify in person and be subject to cross-examination. 14 § 2. Subdivision 2-a of section 190.30 of the criminal procedure law, 15 as amended by chapter 453 of the laws of 1999, is amended to read as 16 follows: 17 2-a. When the electronic transmission of a certified report, form or 18 record, or certified copy thereof, of the kind described in subdivision 19 two or three-a of this section or a sworn statement or copy thereof, of 20 the kind described in subdivision three of this section results in a 21 written document, such written document may be received in such grand 22 jury proceeding provided that: (a) a transmittal memorandum completed by 23 the person sending the report, form or record contains a certification 24 that the report, form or record has not been altered and a description 25 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. LBD08342-01-3A. 4479 2 1 the person who receives the electronically transmitted document certi- 2 fies that such document and transmittal memorandum were so received; and 3 (c) a certified report, form or record or a certified copy or sworn 4 statement or sworn copy thereof is filed with the court within twenty 5 days following arraignment upon the indictment; and (d) where such writ- 6 ten document is a sworn statement or sworn copy thereof of the kind 7 described in subdivision three of this section, such sworn statement or 8 sworn copy thereof is also provided to the defendant or his counsel 9 within twenty days following arraignment upon the indictment. 10 § 3. Subdivision 3-a of section 190.30 of the criminal procedure law, 11 as added by chapter 453 of the laws of 1999, is amended to read as 12 follows: 13 3-a. A sex offender registration form, sex offender registration 14 continuation/supplemental form, sex offender registry address verifica- 15 tion form, sex offender change of address form, criminal history record, 16 or a copy of such form or record, maintained by the division of criminal 17 justice services concerning an individual who is the subject of a grand 18 jury proceeding, may, when certified by a person designated by the 19 commissioner of the division of criminal justice services as the person 20 to certify such forms or records, as a true copy thereof, be received in 21 such grand jury proceeding as evidence of the facts stated therein. 22 § 4. The penal law is amended by adding a new section 240.80 to read 23 as follows: 24 § 240.80 Aggravated criminal conduct. 25 1. A person is guilty of aggravated criminal conduct when such person 26 commits a class A misdemeanor defined in this chapter after having been 27 previously subjected to three or more qualifying misdemeanor or felony 28 convictions within the preceding ten years. 29 2. The provisions of section 200.60 of the criminal procedure law 30 shall apply to any prosecution under this section. 31 3. For the purposes of this section, in determining whether a person 32 has been previously subjected to three or more qualifying misdemeanor or 33 felony convictions within the preceding ten years, the following crite- 34 ria shall apply: 35 (a) Each conviction must have been in this state of a class A misde- 36 meanor defined in this chapter or of a felony, or of a crime in any 37 other jurisdiction for which a sentence to a term of imprisonment of at 38 least one year or a sentence of death was authorized and is authorized 39 in this state irrespective of whether such sentence was imposed; 40 (b) Sentence upon each such prior conviction must have been imposed 41 before commission of the present misdemeanor; 42 (c) Suspended sentence, suspended execution of sentence, sentence of 43 probation, sentence of parole supervision, and sentence of conditional 44 discharge or of unconditional discharge shall be deemed to be a 45 sentence; 46 (d) Except as provided in paragraph (e) of this subdivision, each 47 sentence must have been imposed not more than ten years before commis- 48 sion of the present misdemeanor; 49 (e) In calculating the ten year period under paragraph (d) of this 50 subdivision, any period of time during which the defendant was incarcer- 51 ated for any reason between the time of commission of any of the previ- 52 ous convictions and the time of commission of the present misdemeanor 53 shall be excluded and such ten year period shall be extended by a period 54 or periods equal to the time served;A. 4479 3 1 (f) An offense for which the defendant has been pardoned on the ground 2 of innocence shall not be deemed a previous misdemeanor or felony 3 conviction; 4 (g) When multiple sentences for two or more convictions were imposed 5 at the same time, all convictions shall be deemed to constitute only one 6 conviction. 7 4. Nothing contained in this section shall be construed to preclude a 8 prosecution or conviction for any other offense, a necessary element of 9 which is a previous conviction for an offense. 10 Aggravated criminal conduct is a class E felony. 11 § 5. This act shall take effect immediately; provided, however, that 12 section four of this act shall take effect on the first of November next 13 succeeding the date on which it shall have become a law.