Bill Text: NY S00702 | 2013-2014 | General Assembly | Introduced
Bill Title: Creates the class E felony of aggravated criminal conduct; provides that a person is guilty of aggravated criminal conduct when such person commits a class A misdemeanor and has been convicted of five or more qualifying misdemeanors or felony convictions within the preceding five years.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-01-08 - REFERRED TO CODES [S00702 Detail]
Download: New_York-2013-S00702-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
702
2013-2014 Regular Sessions
I N S E N A T E
(PREFILED)
January 9, 2013
___________
Introduced by Sen. SAMPSON -- 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
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 240.74 to
2 read as follows:
3 S 240.74 AGGRAVATED CRIMINAL CONDUCT.
4 1. A PERSON IS GUILTY OF AGGRAVATED CRIMINAL CONDUCT WHEN SUCH PERSON
5 COMMITS A CLASS A MISDEMEANOR AND HAS BEEN CONVICTED OF FIVE OR MORE
6 QUALIFYING MISDEMEANOR OR FELONY CONVICTIONS WITHIN THE IMMEDIATELY
7 PRECEDING FIVE YEARS.
8 2. THE PROVISIONS OF SECTION 200.60 OF THE CRIMINAL PROCEDURE LAW
9 SHALL APPLY TO ANY PROSECUTION UNDER THIS SECTION.
10 3. FOR THE PURPOSES OF THIS SECTION, IN DETERMINING WHETHER A PERSON
11 HAS BEEN PREVIOUSLY CONVICTED OF FIVE OR MORE QUALIFYING MISDEMEANOR OR
12 FELONY CONVICTIONS WITHIN THE IMMEDIATELY PRECEDING FIVE YEARS, THE
13 FOLLOWING CRITERIA SHALL APPLY:
14 (A) EACH CONVICTION SHALL HAVE BEEN FOR A CLASS A MISDEMEANOR; A FELO-
15 NY; OR OF A CRIME IN ANOTHER JURISDICTION FOR WHICH A SENTENCE TO A TERM
16 OF IMPRISONMENT OF AT LEAST ONE YEAR IS AUTHORIZED IN THIS STATE IRRE-
17 SPECTIVE OF WHETHER SUCH SENTENCE WAS IMPOSED;
18 (B) SENTENCE UPON EACH SUCH PRIOR CONVICTION SHALL HAVE BEEN IMPOSED
19 BEFORE COMMISSION OF THE PRESENT MISDEMEANOR;
20 (C) SUSPENDED SENTENCE, SUSPENDED EXECUTION OF SENTENCE, SENTENCE OF
21 PROBATION, SENTENCE OF PAROLE SUPERVISION, AND SENTENCE OF CONDITIONAL
22 DISCHARGE OR OF UNCONDITIONAL DISCHARGE SHALL BE DEEMED TO BE A
23 SENTENCE;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01800-01-3
S. 702 2
1 (D) EXCEPT AS PROVIDED IN PARAGRAPH (E) OF THIS SUBDIVISION, EACH
2 SENTENCE SHALL HAVE BEEN IMPOSED NOT MORE THAN FIVE YEARS BEFORE COMMIS-
3 SION OF THE PRESENT MISDEMEANOR;
4 (E) 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 (F) IN CALCULATING THE FIVE YEAR PERIOD UNDER SUBDIVISION ONE OF THIS
8 SECTION, ANY PERIOD OF TIME DURING WHICH THE DEFENDANT WAS INCARCERATED
9 FOR ANY REASON BETWEEN THE TIME OF COMMISSION OF ANY OF THE PREVIOUS
10 CONVICTIONS AND THE TIME OF THE COMMISSION OF THE PRESENT MISDEMEANOR
11 SHALL BE EXCLUDED AND SUCH FIVE YEAR PERIOD SHALL BE EXTENDED BY A PERI-
12 OD OR PERIODS EQUAL TO THE TIME SERVED;
13 (G) WHEN MULTIPLE SENTENCES FOR TWO OR MORE CONVICTIONS WERE IMPOSED
14 AT THE SAME TIME, ALL CONVICTIONS SHALL BE DEEMED TO CONSTITUTE ONLY ONE
15 CONVICTION.
16 AGGRAVATED CRIMINAL CONDUCT IS A CLASS E FELONY.
17 S 2. This act shall take effect on the first of November next succeed-
18 ing the date on which it shall have become a law.
