Bill Text: NY A08445 | 2009-2010 | General Assembly | Introduced
Bill Title: Enacts the "chronic criminal act"; establishes the crime of aggravated criminal conduct.
Spectrum: Strong Partisan Bill (Republican 14-1)
Status: (Introduced - Dead) 2010-01-06 - referred to codes [A08445 Detail]
Download: New_York-2009-A08445-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
8445
2009-2010 Regular Sessions
I N A S S E M B L Y
May 20, 2009
___________
Introduced by M. of A. TEDISCO, TOWNSEND, SCOZZAFAVA, OAKS -- Multi-
Sponsored by -- M. of A. ALFANO, BACALLES, BARCLAY, CALHOUN, CROUCH,
ERRIGO, KOLB, MILLER, O'MARA, RAIA, THIELE, WALKER -- read once and
referred to the Committee on Codes
AN ACT to amend the criminal procedure law and the penal law, in
relation to enacting the "chronic criminal act"
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "chronic criminal act".
3 S 2. Subdivision 8 of section 180.60 of the criminal procedure law, as
4 amended by chapter 307 of the laws of 1975, is amended to read as
5 follows:
6 8. Upon such a hearing, only non-hearsay evidence is admissible to
7 demonstrate reasonable cause to believe that the defendant committed a
8 felony; except that reports of experts and technicians in professional
9 and scientific fields and sworn statements, FORMS OR RECORDS of the
10 kinds specified in subdivisions two [and], three AND THREE-A of section
11 190.30 OF THIS CHAPTER are admissible to the same extent as in a grand
12 jury proceeding, unless the court determines, upon application of the
13 defendant, that such hearsay evidence is, under the particular circum-
14 stances of the case, not sufficiently reliable, in which case the court
15 shall require that the witness testify in person and be subject to
16 cross-examination.
17 S 3. Subdivision 2-a of section 190.30 of the criminal procedure law,
18 as amended by chapter 453 of the laws of 1999, is amended to read as
19 follows:
20 2-a. When the electronic transmission of a certified report, FORM OR
21 RECORD, or certified copy thereof, of the kind described in subdivision
22 two or three-a of this section or a sworn statement or copy thereof, of
23 the kind described in subdivision three of this section results in a
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09992-01-9
A. 8445 2
1 written document, such written document may be received in such grand
2 jury proceeding provided that: (a) a transmittal memorandum completed by
3 the person sending the report, FORM OR RECORD contains a certification
4 that the report, FORM OR RECORD has not been altered and a description
5 of the report, FORM OR RECORD specifying the number of pages; and (b)
6 the person who receives the electronically transmitted document certi-
7 fies that such document and transmittal memorandum were so received; and
8 (c) a certified report, FORM OR RECORD or a certified copy or sworn
9 statement or sworn copy thereof is filed with the court within twenty
10 days following arraignment upon the indictment; and (d) where such writ-
11 ten document is a sworn statement or sworn copy thereof of the kind
12 described in subdivision three of this section, such sworn statement or
13 sworn copy thereof is also provided to the defendant or his counsel
14 within twenty days following arraignment upon the indictment.
15 S 4. Subdivision 3-a of section 190.30 of the criminal procedure law,
16 as added by chapter 453 of the laws of 1999, is amended to read as
17 follows:
18 3-a. A sex offender registration form, sex offender registration
19 continuation/supplemental form, sex offender registry address verifica-
20 tion form, sex offender change of address form, CRIMINAL HISTORY RECORD,
21 or a copy of such form OR RECORD, maintained by the division of criminal
22 justice services concerning an individual who is the subject of a grand
23 jury proceeding, may, when certified by a person designated by the
24 commissioner of the division of criminal justice services as the person
25 to certify such FORMS OR records, as a true copy thereof, be received in
26 such grand jury proceeding as evidence of the facts stated therein.
27 S 5. The penal law is amended by adding a new section 240.75 to read
28 as follows:
29 S 240.75 AGGRAVATED CRIMINAL CONDUCT.
30 1. A PERSON IS GUILTY OF AGGRAVATED CRIMINAL CONDUCT WHEN SUCH PERSON
31 COMMITS A CLASS A MISDEMEANOR DEFINED IN THIS CHAPTER AFTER HAVING BEEN
32 PREVIOUSLY SUBJECTED TO THREE OR MORE QUALIFYING MISDEMEANOR OR FELONY
33 CONVICTIONS WITHIN THE PRECEDING TEN YEARS.
34 2. THE PROVISIONS OF SECTION 200.60 OF THE CRIMINAL PROCEDURE LAW
35 SHALL APPLY TO ANY PROSECUTION UNDER THIS SECTION.
36 3. FOR THE PURPOSES OF THIS SECTION, IN DETERMINING WHETHER A PERSON
37 HAS BEEN PREVIOUSLY SUBJECTED TO THREE OR MORE QUALIFYING MISDEMEANOR OR
38 FELONY CONVICTIONS WITHIN THE PRECEDING TEN YEARS, THE FOLLOWING CRITE-
39 RIA SHALL APPLY:
40 (A) EACH CONVICTION MUST HAVE BEEN IN THIS STATE OF A CLASS A MISDE-
41 MEANOR DEFINED IN THIS CHAPTER OR OF A FELONY, OR OF A CRIME IN ANY
42 OTHER JURISDICTION FOR WHICH A SENTENCE TO A TERM OF IMPRISONMENT OF AT
43 LEAST ONE YEAR OR A SENTENCE OF DEATH WAS AUTHORIZED AND IS AUTHORIZED
44 IN THIS STATE IRRESPECTIVE OF WHETHER SUCH SENTENCE WAS IMPOSED;
45 (B) SENTENCE UPON EACH SUCH PRIOR CONVICTION MUST HAVE BEEN IMPOSED
46 BEFORE COMMISSION OF THE PRESENT MISDEMEANOR;
47 (C) SUSPENDED SENTENCE, SUSPENDED EXECUTION OF SENTENCE, SENTENCE OF
48 PROBATION, SENTENCE OF PAROLE SUPERVISION, AND SENTENCE OF CONDITIONAL
49 DISCHARGE OR OF UNCONDITIONAL DISCHARGE SHALL BE DEEMED TO BE A
50 SENTENCE;
51 (D) EXCEPT AS PROVIDED IN PARAGRAPH (E) OF THIS SUBDIVISION, EACH
52 SENTENCE MUST HAVE BEEN IMPOSED NOT MORE THAN TEN YEARS BEFORE COMMIS-
53 SION OF THE PRESENT MISDEMEANOR;
54 (E) IN CALCULATING THE TEN YEAR PERIOD UNDER PARAGRAPH (D) OF THIS
55 SUBDIVISION, ANY PERIOD OF TIME DURING WHICH THE DEFENDANT WAS INCARCER-
56 ATED FOR ANY REASON BETWEEN THE TIME OF COMMISSION OF ANY OF THE PREVI-
A. 8445 3
1 OUS CONVICTIONS AND THE TIME OF COMMISSION OF THE PRESENT MISDEMEANOR
2 SHALL BE EXCLUDED AND SUCH TEN YEAR PERIOD SHALL BE EXTENDED BY A PERIOD
3 OR PERIODS EQUAL TO THE TIME SERVED;
4 (F) AN OFFENSE FOR WHICH THE DEFENDANT HAS BEEN PARDONED ON THE GROUND
5 OF INNOCENCE SHALL NOT BE DEEMED A PREVIOUS MISDEMEANOR OR FELONY
6 CONVICTION;
7 (G) WHEN MULTIPLE SENTENCES FOR TWO OR MORE CONVICTIONS WERE IMPOSED
8 AT THE SAME TIME, ALL CONVICTIONS SHALL BE DEEMED TO CONSTITUTE ONLY ONE
9 CONVICTION.
10 4. NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO PRECLUDE A
11 PROSECUTION OR CONVICTION FOR ANY OTHER OFFENSE, A NECESSARY ELEMENT OF
12 WHICH IS A PREVIOUS CONVICTION FOR AN OFFENSE.
13 AGGRAVATED CRIMINAL CONDUCT IS A CLASS E FELONY.
14 S 6. This act shall take effect immediately.
