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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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--A
                                   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
       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 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
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15083-03-2
       S. 6958--A                          2
    1  OR ALL OF THE ALLEGED CRIMINAL OFFENSES FORMING THE ALLEGED  PATTERN  OF
    2  CRIMINAL OFFENSES.
    3    2.  THIS  SECTION  SHALL  BE ENFORCED IN ANY COUNTY WHERE AT LEAST ONE
    4  ALLEGED CRIMINAL OFFENSE HAS OCCURRED AND SUCH OFFENSE IS  PART  OF  THE
    5  ALLEGED PATTERN OF CRIMINAL ACTIVITY.
    6    S 3. This act shall take effect on the first of November next succeed-
    7  ing the date on which it shall have become a law.