Bill Text: NY S01342 | 2017-2018 | General Assembly | Introduced

New York Senate Bill 1342 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Includes within the felonies of gang assault in the first and second degree, gang assaults committed by use of a motor vehicle.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2018-01-03 - REFERRED TO CODES [S01342 Detail]

Download: New_York-2017-S01342-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________
                                          1342
                               2017-2018 Regular Sessions
                    IN SENATE
                                     January 9, 2017
                                       ___________
        Introduced by Sen. ALCANTARA -- 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 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  § 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    § 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.
                                                                   LBD06968-01-7