Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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---|---|
Jan 06, 2010 |
referred to codes |
Mar 13, 2009 |
referred to codes |
Senate Bill S3240
2009-2010 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
(R, C, Ind, WF) Senate District
(R) Senate District
2009-S3240 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A7926
- Current Committee:
- Senate Codes
- Law Section:
- Penal Law
- Laws Affected:
- Amd §460.10, Pen L
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
S4390
2013-2014: S5383
2015-2016: S2144
2009-S3240 (ACTIVE) - Sponsor Memo
BILL NUMBER: S3240 TITLE OF BILL : An act to amend the penal law, in relation to definitions of criminal enterprise and pattern of criminal activity SUMMARY OF PROVISIONS : This legislation amends subdivision 3 of § 460.10 of the Penal Law to broaden the definition of "criminal enterprise". It further amends paragraph (b) of subdivision 4 of § 460.10 of the Penal Law to broaden the definition of "pattern of criminal activity". JUSTIFICATION : Recent case law has inappropriately narrowed New York's enterprise corruption statute, also known by its federal counter-part, the Racketeering Influenced and Corrupt Organizations Act or the RICO law. In People v. Nappo *(Slip Op., J. Vaughn, 1/14/98), a Suffolk County Court case, 13 men were charged with a bootlegging scheme which brought at least 30 million gallons of untaxed gasoline from New Jersey into New York over an 18-month period between 1994 and 1996. The defendants made hundreds of deliveries, sometimes as many as 20 a
2009-S3240 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3240 2009-2010 Regular Sessions I N S E N A T E March 13, 2009 ___________ Introduced by Sens. FLANAGAN, MORAHAN, VOLKER -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to definitions of criminal enterprise and pattern of criminal activity THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 3 and paragraph (b) of subdivision 4 of section 460.10 of the penal law, as added by chapter 516 of the laws of 1986, are amended to read as follows: 3. "Criminal enterprise" means a group of persons sharing a common purpose of engaging in criminal conduct, associated in an ascertainable structure [distinct from a pattern] of criminal activity, and with a continuity of existence[, structure] and criminal purpose beyond the scope of individual criminal incidents. (b) are neither isolated incidents, nor so closely related and connected in point of time or circumstance of commission as to consti- tute a SINGLE criminal offense [or criminal transaction,] as [those terms are] defined in section 40.10 of the criminal procedure law; and S 2. This act shall take effect on the first of November next succeed- 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. LBD06530-01-9
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