Bill Text: NY A08348 | 2013-2014 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-06-30 - enacting clause stricken [A08348 Detail]

Download: New_York-2013-A08348-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8348
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                    January 9, 2013
                                      ___________
       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:
    1    Section  1.  The penal law is amended by adding a new section 70.12 to
    2  read as follows:
    3  S 70.12 SENTENCE OF IMPRISONMENT FOR VEHICULAR GANG ACTIVITY.
    4    1. DEFINITIONS. THE TERM "VEHICULAR OFFENSE" SHALL MEAN ANY  MISDEMEA-
    5  NOR  OR  FELONY  COMMITTED  WHILE  OPERATING  A  MOTOR VEHICLE. THE TERM
    6  "VEHICULAR GANG ACTIVITY" SHALL MEAN THE  COMMISSION  OF  ANY  VEHICULAR
    7  OFFENSE  WHERE  A  PERSON IS AIDED BY TWO OR MORE OTHER PERSONS ACTUALLY
    8  PRESENT.
    9    2. AUTHORIZED SENTENCE. (A) NOTWITHSTANDING  ANY  OTHER  PROVISION  OF
   10  LAW,  WHEN A PERSON IS CONVICTED OF A VEHICULAR GANG ACTIVITY WHICH IS A
   11  CLASS C, D, OR E FELONY OR A MISDEMEANOR, THE CRIME SHALL BE  DEEMED  TO
   12  BE ONE CATEGORY HIGHER THAN THE CRIME THE PERSON COMMITTED, OR ATTEMPTED
   13  OR CONSPIRED TO COMMIT.
   14    (B)  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW, WHEN A PERSON IS
   15  CONVICTED OF VEHICULAR GANG ACTIVITY WHICH IS A CLASS B FELONY:
   16    (I) THE MAXIMUM TERM OF THE INDETERMINATE SENTENCE MUST  BE  AT  LEAST
   17  SIX  YEARS  IF  THE  DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.00 OF
   18  THIS ARTICLE;
   19    (II) THE TERM OF THE DETERMINATE SENTENCE MUST BE AT LEAST EIGHT YEARS
   20  IF THE DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.02 OF THIS ARTICLE;
   21    (III) THE TERM OF THE DETERMINATE SENTENCE MUST  BE  AT  LEAST  TWELVE
   22  YEARS  IF  THE  DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.04 OF THIS
   23  ARTICLE;
   24    (IV) THE MAXIMUM TERM OF THE INDETERMINATE SENTENCE OR THE TERM OF THE
   25  DETERMINATE SENTENCE MUST BE AT LEAST TEN  YEARS  IF  THE  DEFENDANT  IS
   26  SENTENCED PURSUANT TO SECTION 70.06 OF THIS ARTICLE.
   27    S 2. This act shall take effect on the one hundred eightieth day after
   28  it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13003-02-3