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--C
           Cal. No. 928
                                   I N  S E N A T E
                                    April 16, 2012
                                      ___________
       Introduced  by  Sens. ZELDIN, VALESKY -- 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  -- reported favorably from said committee, ordered to first
         and second report, ordered to a third  reading,  amended  and  ordered
         reprinted, retaining its place in the order of third reading
       AN  ACT to amend 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 penal law is amended by adding a new section 70.16 to
    2  read as follows:
    3  S 70.16 JURISDICTION AND VENUE FOR A PATTERN OF ORGANIZED  RETAIL  CRIME
    4            OFFENSES.
    5    1.  A  PERSON  MAY  BE PROSECUTED FOR CRIMINAL ACTIONS WITH RESPECT TO
    6  EACH OF THE ALLEGED CRIMINAL OFFENSES INCLUDED WITHIN A PATTERN OF CRIM-
    7  INAL OFFENSES THAT ARE PART OF THE SAME PLAN, SCHEME,  OR  ADVENTURE  OF
    8  ORGANIZED  RETAIL CRIME, IN ANY COUNTY WHERE AT LEAST ONE ALLEGED CRIMI-
    9  NAL OFFENSE HAS OCCURRED AND SUCH OFFENSE IS PART OF THE ALLEGED PATTERN
   10  OF CRIMINAL ACTIVITY. ONE DISTRICT COURT OR  COUNTY  COURT  MAY  POSSESS
   11  JURISDICTION  OVER  ALL CRIMINAL OFFENSES, PERSONS AND PROPERTY THAT ARE
   12  PART OF, OR ARE DIRECTLY RELATED TO, EACH OR ALL OF THE ALLEGED CRIMINAL
   13  OFFENSES FORMING THE ALLEGED PATTERN OF CRIMINAL OFFENSES.
   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    3. FOR PURPOSES OF THIS SECTION, ORGANIZED RETAIL CRIME SHALL MEAN THE
   18  STEALING, EMBEZZLEMENT, OR OBTAINING BY FRAUD, FALSE PRETENSES, OR OTHER
   19  ILLEGAL MEANS, RETAIL MERCHANDISE IN QUANTITIES THAT WOULD NOT  NORMALLY
   20  BE  PURCHASED  FOR  PERSONAL  USE  OR  CONSUMPTION,  FOR THE PURPOSES OF
   21  RESELLING, TRADING, OR OTHERWISE REENTERING SUCH RETAIL  MERCHANDISE  IN
   22  COMMERCE.
   23    S 2. This act shall take effect on the first of November next succeed-
   24  ing the date on which it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15083-08-2