Bill Text: NY S05377 | 2009-2010 | General Assembly | Amended

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Bill Title: Establishes the offense of aggravated criminal conduct, when a person commits a misdemeanor after having been previously convicted of six or more qualifying misdemeanor or felony crimes within the preceding year, as a class E felony.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-05-20 - PRINT NUMBER 5377B [S05377 Detail]

Download: New_York-2009-S05377-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        5377--B
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                    April 27, 2009
                                      ___________
       Introduced  by  Sens.  KLEIN,  ADAMS, DIAZ, C. JOHNSON, THOMPSON -- read
         twice and ordered printed, and when printed to  be  committed  to  the
         Committee  on  Codes  --  committee  discharged, bill amended, ordered
         reprinted as amended and recommitted to said committee --  recommitted
         to  the Committee on Codes in accordance with Senate Rule 6, sec. 8 --
         committee discharged, bill amended, ordered reprinted as  amended  and
         recommitted to said committee
       AN  ACT  to  amend  the  penal  law,  in relation to 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 240.75 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  MISDEMEANOR DEFINED IN THIS CHAPTER AFTER HAVING BEEN PREVI-
    6  OUSLY CONVICTED OF SIX OR MORE QUALIFYING MISDEMEANOR OR  FELONY  CRIMES
    7  WITHIN THE PRECEDING ONE YEAR.
    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  PREVIOUSLY  BEEN CONVICTED OF SIX OR MORE QUALIFYING MISDEMEANOR OR
   12  FELONY CRIMES WITHIN THE PRECEDING  ONE  YEAR,  THE  FOLLOWING  CRITERIA
   13  SHALL APPLY:
   14    (A) ONLY CONVICTIONS FOR OFFENSES DEFINED IN THE FOLLOWING SECTIONS OF
   15  THIS  CHAPTER  SHALL BE DEEMED QUALIFYING MISDEMEANORS: SECTIONS 115.00,
   16  120.00, 120.14, 120.15, 120.20, 120.45, 120.50, 130.20, 130.52,  130.55,
   17  130.60,  140.10, 140.15, 140.35, 145.00, 145.14, 145.15, 145.60, 145.65,
   18  150.01, 155.25, 165.09, 165.15, 165.25, 165.40, 165.71, 170.05,  170.20,
   19  190.78,  190.81, 205.30, 215.50, 220.03, 220.45, 220.50, 220.70, 221.10,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11630-03-0
       S. 5377--B                          2
    1  221.15, 221.35, 221.40, 230.00, 230.04, 230.40, 240.25, 240.30,  245.00,
    2  265.01, AND 265.17.
    3    (B)  EACH CONVICTION OF A MISDEMEANOR OR OF A FELONY MUST HAVE BEEN BY
    4  A COURT IN THIS STATE.
    5    (C) SENTENCE UPON EACH PRIOR CONVICTION MUST HAVE BEEN IMPOSED  BEFORE
    6  COMMISSION OF THE PRESENT MISDEMEANOR.
    7    (D)  SUSPENDED  SENTENCE, SUSPENDED EXECUTION OF SENTENCE, SENTENCE OF
    8  PROBATION, SENTENCE OF PAROLE SUPERVISION, AND SENTENCE  OF  CONDITIONAL
    9  DISCHARGE  OR  OF  UNCONDITIONAL  DISCHARGE  SHALL  BE  DEEMED  TO  BE A
   10  SENTENCE.
   11    (E) EXCEPT AS PROVIDED IN PARAGRAPH  (F)  OF  THIS  SUBDIVISION,  EACH
   12  SENTENCE MUST HAVE BEEN IMPOSED NOT MORE THAN ONE YEAR BEFORE COMMISSION
   13  OF THE PRESENT MISDEMEANOR.
   14    (F)  IN  CALCULATING  THE  ONE YEAR PERIOD UNDER PARAGRAPH (E) OF THIS
   15  SUBDIVISION, ANY PERIOD OF TIME DURING WHICH THE DEFENDANT WAS INCARCER-
   16  ATED FOR ANY REASON BETWEEN THE TIME OF IMPOSITION OF SENTENCE  FOR  ANY
   17  OF  THE  PREVIOUS  CONVICTIONS AND THE TIME OF COMMISSION OF THE PRESENT
   18  MISDEMEANOR SHALL BE EXCLUDED AND SUCH ONE YEAR PERIOD SHALL BE EXTENDED
   19  BY A PERIOD OR PERIODS EQUAL TO THE TIME SERVED.
   20    (G) A CONVICTION THAT HAS BEEN REVERSED OR VACATED, OR CONVICTION  FOR
   21  WHICH  THE  DEFENDANT HAS BEEN PARDONED PURSUANT TO ARTICLE TWO-A OF THE
   22  EXECUTIVE LAW, SHALL NOT BE DEEMED  A  PREVIOUS  MISDEMEANOR  OR  FELONY
   23  CONVICTION.
   24    (H)  WHEN  MULTIPLE SENTENCES FOR TWO OR MORE CONVICTIONS WERE IMPOSED
   25  AT THE SAME TIME, ALL CONVICTIONS SHALL BE DEEMED TO CONSTITUTE ONLY ONE
   26  CONVICTION.
   27    (I) WHEN A DEFENDANT HAS PREVIOUSLY BEEN CONVICTED OF AGGRAVATED CRIM-
   28  INAL CONDUCT PURSUANT TO THIS SECTION, ANY PRIOR MISDEMEANOR  OR  FELONY
   29  CONVICTION  USED TO ESTABLISH GUILT FOR THAT AGGRAVATED CRIMINAL CONDUCT
   30  CONVICTION SHALL NOT BE USED TO ESTABLISH GUILT IN A  SUBSEQUENT  PROSE-
   31  CUTION FOR THIS OFFENSE.
   32    4.  NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO PRECLUDE A
   33  PROSECUTION OR CONVICTION FOR ANY OTHER OFFENSE, A NECESSARY ELEMENT  OF
   34  WHICH IS A PREVIOUS CONVICTION FOR AN OFFENSE.
   35    AGGRAVATED CRIMINAL CONDUCT IS A CLASS E FELONY.
   36    S 2. This act shall take effect immediately.