Bill Text: NY S06958 | 2011-2012 | General Assembly | Amended

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Bill Title: Relates to jurisdiction and venue for a pattern of criminal offenses.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2012-06-18 - referred to codes [S06958 Detail]

Download: New_York-2011-S06958-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        6958--B
                                   I N  S E N A T E
                                    April 16, 2012
                                      ___________
       Introduced  by  Sen.  ZELDIN -- read twice and ordered printed, and when
         printed to be committed to the Committee  on  Consumer  Protection  --
         committee  discharged,  bill amended, ordered reprinted as amended and
         recommitted to said committee -- committee discharged,  bill  amended,
         ordered reprinted as amended and recommitted to said committee
       AN  ACT to amend the general business law and the penal law, in relation
         to establishing jurisdiction and  venue  for  a  pattern  of  criminal
         offenses
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The general business law is amended by adding a new section
    2  393-e to read as follows:
    3    S 393-E. JURISDICTION AND VENUE FOR A PATTERN OF CRIMINAL OFFENSE.  1.
    4  A PERSON MAY BE PROSECUTED FOR CRIMINAL ACTIONS WITH RESPECT TO EACH  OF
    5  THE  ALLEGED  CRIMINAL  OFFENSES  INCLUDED  WITHIN A PATTERN OF CRIMINAL
    6  OFFENSES THAT ARE PART OF THE SAME PLAN, SCHEME, OR ADVENTURE OF  ORGAN-
    7  IZED  RETAIL  CRIME,  IN  ANY COUNTY WHERE AT LEAST ONE ALLEGED CRIMINAL
    8  OFFENSE HAS OCCURRED AND SUCH OFFENSE IS PART OF THE ALLEGED PATTERN  OF
    9  CRIMINAL ACTIVITY. ONE DISTRICT COURT OR COUNTY COURT MAY POSSESS JURIS-
   10  DICTION  OVER  ALL CRIMINAL OFFENSES, PERSONS AND PROPERTY THAT ARE PART
   11  OF, OR ARE DIRECTLY RELATED TO, EACH OR  ALL  OF  THE  ALLEGED  CRIMINAL
   12  OFFENSES  FORMING  THE ALLEGED PATTERN OF CRIMINAL OFFENSES OF ORGANIZED
   13  RETAIL CRIME.
   14    2. THIS SECTION SHALL BE ENFORCED IN ANY COUNTY  WHERE  AT  LEAST  ONE
   15  ALLEGED  CRIMINAL  OFFENSE  HAS OCCURRED AND SUCH OFFENSE IS PART OF THE
   16  ALLEGED PATTERN OF CRIMINAL ACTIVITY.
   17    S 2. The penal law is amended by adding a new section 70.16 to read as
   18  follows:
   19  S 70.16 JURISDICTION AND VENUE FOR A PATTERN OF CRIMINAL OFFENSE.
   20    1. A PERSON MAY BE PROSECUTED FOR CRIMINAL  ACTIONS  WITH  RESPECT  TO
   21  EACH OF THE ALLEGED CRIMINAL OFFENSES INCLUDED WITHIN A PATTERN OF CRIM-
   22  INAL  OFFENSES  THAT ARE PART OF THE SAME PLAN, SCHEME, OR ADVENTURE, IN
   23  ANY COUNTY WHERE AT LEAST ONE ALLEGED CRIMINAL OFFENSE HAS OCCURRED  AND
   24  SUCH  OFFENSE  IS  PART OF THE ALLEGED PATTERN OF CRIMINAL ACTIVITY. ONE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15083-04-2
       S. 6958--B                          2
    1  DISTRICT COURT OR COUNTY COURT MAY POSSESS JURISDICTION OVER ALL  CRIMI-
    2  NAL  OFFENSES,  PERSONS  AND  PROPERTY THAT ARE PART OF, OR ARE DIRECTLY
    3  RELATED TO, EACH OR ALL OF THE ALLEGED  CRIMINAL  OFFENSES  FORMING  THE
    4  ALLEGED PATTERN OF CRIMINAL OFFENSES.
    5    2.  THIS  SECTION  SHALL  BE ENFORCED IN ANY COUNTY WHERE AT LEAST ONE
    6  ALLEGED CRIMINAL OFFENSE HAS OCCURRED AND SUCH OFFENSE IS  PART  OF  THE
    7  ALLEGED PATTERN OF CRIMINAL ACTIVITY.
    8    S 3. This act shall take effect on the first of November next succeed-
    9  ing the date on which it shall have become a law.