Bill Text: NY S05096 | 2011-2012 | General Assembly | Introduced

---

Bill Title: Creates the crime of aggravated criminal conduct where an individual commits a misdemeanor and has been previously subjected to four or more qualifying misdemeanor convictions within the preceding five years; in calculating the five year period, any period of time during which the defendant was incarcerated for any reason between the time of commission of any of the previous convictions and the time of commission of the present misdemeanor shall be excluded and such five year period shall be extended by a period or periods equal to the time served.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Engrossed - Dead) 2012-03-29 - referred to codes [S05096 Detail]

Download: New_York-2011-S05096-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5096
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                      May 3, 2011
                                      ___________
       Introduced  by  Sen.  MARCELLINO  -- 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 where an individual commits a misdemeanor
         and has been previously subjected to four or more qualifying misdemea-
         nor convictions within the preceding five years
         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 240.75 to
    2  read as follows:
    3  S 240.75 AGGRAVATED CRIMINAL CONDUCT.
    4    1. A PERSON IS GUILTY OF AGGRAVATED CRIMINAL CONDUCT WHEN SUCH  PERSON
    5  COMMITS  A CLASS A MISDEMEANOR DEFINED IN THIS CHAPTER AFTER HAVING BEEN
    6  PREVIOUSLY SUBJECTED TO FOUR OR MORE QUALIFYING MISDEMEANOR  CONVICTIONS
    7  WITHIN THE 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  SUBJECTED  TO FOUR OR MORE QUALIFYING MISDEMEANOR
   12  CONVICTIONS WITHIN THE PRECEDING  FIVE  YEARS,  THE  FOLLOWING  CRITERIA
   13  SHALL APPLY:
   14    (A)  EACH  CONVICTION  MUST  HAVE  BEEN IN THIS STATE AND BE A CLASS A
   15  MISDEMEANOR AS DEFINED IN THIS CHAPTER, OR  OF  A  CRIME  IN  ANY  OTHER
   16  JURISDICTION  FOR WHICH A SENTENCE TO A TERM OF IMPRISONMENT OF AT LEAST
   17  ONE YEAR WAS AUTHORIZED AND IS A CRIME IN  THIS  STATE  IRRESPECTIVE  OF
   18  WHETHER SUCH SENTENCE WAS IMPOSED;
   19    (B)  SENTENCE  UPON  EACH SUCH PRIOR CONVICTION MUST HAVE BEEN IMPOSED
   20  BEFORE COMMISSION OF THE PRESENT MISDEMEANOR;
   21    (C) SUSPENDED SENTENCE, SUSPENDED EXECUTION OF SENTENCE,  SENTENCE  OF
   22  PROBATION,  SENTENCE  OF PAROLE SUPERVISION, AND SENTENCE OF CONDITIONAL
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11349-01-1
       S. 5096                             2
    1  DISCHARGE OR  OF  UNCONDITIONAL  DISCHARGE  SHALL  BE  DEEMED  TO  BE  A
    2  SENTENCE;
    3    (D)  EXCEPT  AS  PROVIDED  IN  PARAGRAPH (E) OF THIS SUBDIVISION, EACH
    4  SENTENCE MUST HAVE BEEN IMPOSED NOT MORE THAN FIVE YEARS BEFORE  COMMIS-
    5  SION OF THE PRESENT MISDEMEANOR;
    6    (E)  IN  CALCULATING  THE FIVE YEAR PERIOD UNDER PARAGRAPH (D) OF THIS
    7  SUBDIVISION, ANY PERIOD OF TIME DURING WHICH THE DEFENDANT WAS INCARCER-
    8  ATED FOR ANY REASON BETWEEN THE TIME OF COMMISSION OF ANY OF THE  PREVI-
    9  OUS  CONVICTIONS  AND  THE TIME OF COMMISSION OF THE PRESENT MISDEMEANOR
   10  SHALL BE EXCLUDED AND SUCH FIVE YEAR PERIOD SHALL BE EXTENDED BY A PERI-
   11  OD OR PERIODS EQUAL TO THE TIME SERVED;
   12    (F) AN OFFENSE FOR WHICH THE DEFENDANT HAS BEEN PARDONED ON THE GROUND
   13  OF INNOCENCE SHALL NOT BE DEEMED A PREVIOUS MISDEMEANOR CONVICTION;
   14    (G) WHEN MULTIPLE SENTENCES FOR TWO OR MORE CONVICTIONS  WERE  IMPOSED
   15  AT THE SAME TIME, ALL CONVICTIONS SHALL BE DEEMED TO CONSTITUTE ONLY ONE
   16  CONVICTION.
   17    4.  NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO PRECLUDE A
   18  PROSECUTION OR CONVICTION FOR ANY OTHER OFFENSE, A NECESSARY ELEMENT  OF
   19  WHICH IS A PREVIOUS CONVICTION FOR AN OFFENSE.
   20    AGGRAVATED CRIMINAL CONDUCT IS A CLASS E FELONY.
   21    S 2. This act shall take effect on the one hundred eightieth day after
   22  it shall have become a law.