Bill Text: NY S03577 | 2015-2016 | 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) 2016-01-06 - REFERRED TO CODES [S03577 Detail]

Download: New_York-2015-S03577-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3577
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   February 12, 2015
                                      ___________
       Introduced by Sen. ESPAILLAT -- 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  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.
                                                                  LBD08928-01-5