Bill Text: NY S06958 | 2011-2012 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 6958 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 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 2 527 to read as follows: 3 S 527. JURISDICTION AND VENUE FOR A PATTERN OF CRIMINAL OFFENSE. 1. A 4 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 MAY POSSESS JURISDICTION OVER ALL 10 CRIMINAL OFFENSES, PERSONS AND PROPERTY THAT ARE PART OF, OR ARE DIRECT- 11 LY RELATED TO, EACH OR ALL OF THE ALLEGED CRIMINAL OFFENSES FORMING THE 12 ALLEGED PATTERN OF CRIMINAL OFFENSES OF ORGANIZED RETAIL CRIME. 13 2. THIS SECTION SHALL BE ENFORCED IN ANY COUNTY WHERE AT LEAST ONE 14 ALLEGED CRIMINAL OFFENSE HAS OCCURRED AND SUCH OFFENSE IS PART OF THE 15 ALLEGED PATTERN OF CRIMINAL ACTIVITY. 16 S 2. The penal law is amended by adding a new section 70.16 to read as 17 follows: 18 S 70.16 JURISDICTION AND VENUE FOR A PATTERN OF CRIMINAL OFFENSE. 19 1. A PERSON MAY BE PROSECUTED FOR CRIMINAL ACTIONS WITH RESPECT TO 20 EACH OF THE ALLEGED CRIMINAL OFFENSES INCLUDED WITHIN A PATTERN OF CRIM- 21 INAL OFFENSES THAT ARE PART OF THE SAME PLAN, SCHEME, OR ADVENTURE, IN 22 ANY COUNTY WHERE AT LEAST ONE ALLEGED CRIMINAL OFFENSE HAS OCCURRED AND 23 SUCH OFFENSE IS PART OF THE ALLEGED PATTERN OF CRIMINAL ACTIVITY. ONE 24 DISTRICT COURT MAY POSSESS JURISDICTION OVER ALL CRIMINAL OFFENSES, 25 PERSONS AND PROPERTY THAT ARE PART OF, OR ARE DIRECTLY RELATED TO, EACH 26 OR ALL OF THE ALLEGED CRIMINAL OFFENSES FORMING THE ALLEGED PATTERN OF 27 CRIMINAL OFFENSES. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15083-02-2 S. 6958 2 1 2. THIS SECTION SHALL BE ENFORCED IN ANY COUNTY WHERE AT LEAST ONE 2 ALLEGED CRIMINAL OFFENSE HAS OCCURRED AND SUCH OFFENSE IS PART OF THE 3 ALLEGED PATTERN OF CRIMINAL ACTIVITY. 4 S 3. This act shall take effect on the first of November next succeed- 5 ing the date on which it shall have become a law.