NY State Senate Bill 2009-S2632

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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to codes
Jul 16, 2009	committed to rules
Apr 29, 2009	advanced to third reading
Apr 28, 2009	2nd report cal.
Apr 27, 2009	1st report cal.221 motion to discharge - carried - roll call vote
Apr 01, 2009	motion to discharge filed
Feb 25, 2009	referred to codes

co-Sponsors

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2009-S2632 (ACTIVE) - Details

See Assembly Version of this Bill:: A4388
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§180.60 & 190.30, CP L; add §240.75, Pen L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A2551
2013-2014: A580
2015-2016: A1614
2017-2018: A2151
2019-2020: A4626
2021-2022: A3211
2023-2024: A4479

2009-S2632 (ACTIVE) - Summary

Establishes crime of aggravated criminal conduct to provide more severe penalties for persons who have committed 3 or more qualifying misdemeanors or felonies within ten years of the present class A misdemeanor offense.

2009-S2632 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2632

 TITLE OF BILL :

An act to amend the criminal procedure law and the penal law, in
relation to aggravated criminal conduct


 PURPOSE :

To enhance public safety by providing appropriately severe punishment
for those who repeatedly commit misdemeanor crimes. Specifically, the
bill would strengthen existing law by creating the crime of aggravated
criminal conduct, thereby enabling courts to impose felony sanctions
on persistent misdemeanor offenders.

 SUMMARY OF PROVISIONS :

Sections 1 and 3 of the bill would amend section 180.60(8) and
190.30(2-a) of the Criminal Procedure Law respectively, to include
criminal history records among the types of records that are
admissible in hearings upon felony complaints and grand jury
proceedings. In order to be admissible, such records must be certified
by a person designated by the commissioner of the division of criminal
justice services as the person to certify such records.

Section 2 would amend section 190.32(2-a) of the Criminal Procedure
Law to provide that electronic transmissions of criminal history
records are admissible in hearings upon felony complaints and grand
jury proceedings under certain conditions.

Section 4 would amend the Penal Law by adding a new section 240.75,
which would create the new crime of Aggravated Criminal Conduct, an E
felony. A person would commit the Crime of Aggravated Criminal Conduct
when he or she: (1) commits an A misdemeanor defined in the Penal Law;
and (2) has been previously subjected to three or more qualifying
misdemeanor or felony convictions within the preceding ten years.

For purposes of determining whether a person has been previously
subjected to three or more qualifying misdemeanor or felony
convictions within the preceding ten years, the following conditions
would apply: (1) each conviction must have been for a felony, a class
A misdemeanor defined in the Penal Law, or a crime in another
jurisdiction for which a sentence of at least one year was and is
authorized in New York; (2) sentence must have been imposed on each of
the prior convictions before commission of the present misdemeanor
offense; (3) a suspended sentence, suspended execution of sentence,
sentence of probation, sentence of parole supervision, and sentence of
conditional or unconditional discharge are deemed to be a sentence;
(4) each sentence must have been imposed not more than ten years
before the commission of the present offense except that periods of
time spent in confinement toll the ten year limitation; (5) an offense
for which a defendant has been pardoned on the ground of innocence is
not deemed to be a previous conviction; and (6) prior convictions for
which concurrent sentences were imposed are deemed to be only one
conviction.

Section 5 provides that the act shall take effect immediately.

 EXISTING LAW :

Under current law, although offenders who commit multiple felonies
reasonably receive enhanced penalties for their repeated felony
conduct, offenders who commit multiple misdemeanors generally do not.

 JUSTIFICATION :
Public safety is better protected and promoted by requiring persistent
offenders to serve enhanced sentences. While there have been historic
decreases in crime across New York State since 1995, repeat
misdemeanants continue to plague our streets and communities, often
receiving little or no punishment for the offenses they commit. While
current law adequately recognizes the harm caused by repeat felony
offenders by mandating enhanced penalties, it does not adequately
address the problem of misdemeanor recidivism.

A significant majority of those convicted of misdemeanors every year
have at least one prior conviction and disturbingly large minority had
more than ten prior convictions. Although some of these offenders have
criminal histories dating back to the 1970s, few have received
meaningful sanctions. Regrettably, current law has afforded these
offenders a license to commit misdemeanor offenses virtually without
penalty. For many of these offenders, crime is a way of life. Their
rap sheets are their resumes and although their crimes are not
traditional felony crimes, the constant and repetitive nature of their
offenses can be equally damaging to society.

Law-abiding citizens should not be forced to endure the crimes of
chronic misdemeanor offenders. The bill, therefore, creates the new
felony offense of aggravated criminal conduct and punishes
appropriately those who repeatedly commit misdemeanor offenses. Under
the bill, an offender who commits his or her fourth misdemeanor (or
felony) after having been previously convicted of three or more
misdemeanors (or felonies) within the previous ten years will be
punished as an E felon and will face up to four years in state prison.

Recognizing the challenges prosecutors may face ensuring that repeat
misdemeanor cases are handled properly, the bill also provides that
criminal history records, when certified by a person designated by the
Commissioner of the Division of Criminal Justice Services as the
person to certify such records, including electronic transmissions of
such records, are admissible in felony hearings and grand jury
proceedings.

It is clear that the current system that has allowed persistent
misdemeanor offenders to commit their crimes with minimal or
meaningless sanctions is intolerable. Like repeat felons, repeat
misdemeanor offenders must face enhanced penalties commensurate with
their conduct.

 LEGISLATIVE HISTORY :

S.1600/A.7759 of 2007-08, passed Senate; S.3229 of 2005-06, Passed
Senate 2005, 2006.

 FISCAL IMPLICATIONS :

It is not anticipated that this legislation will have any significant
fiscal impact.

 EFFECTIVE DATE :
Immediately.

2009-S2632 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2632

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 25, 2009
                               ___________

Introduced   by  Sens.  PADAVAN,  ALESI,  DeFRANCISCO,  GRIFFO,  LARKIN,
  MAZIARZ, MORAHAN, SALAND, VOLKER -- read twice  and  ordered  printed,
  and when printed to be committed to the Committee on Codes

AN  ACT  to  amend  the  criminal  procedure  law  and the penal law, in
  relation to aggravated criminal conduct

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision 8 of section 180.60 of the criminal procedure
law, as amended by chapter 307 of the laws of 1975, is amended  to  read
as follows:
  8.  Upon  such  a  hearing, only non-hearsay evidence is admissible to
demonstrate reasonable cause to believe that the defendant  committed  a
felony;  except  that reports of experts and technicians in professional
and scientific fields and sworn statements,  FORMS  OR  RECORDS  of  the
kinds  specified in subdivisions two [and], three AND THREE-A of section
190.30 are admissible to the same extent as in a grand jury  proceeding,
unless  the  court  determines,  upon application of the defendant, that
such hearsay evidence is, under  the  particular  circumstances  of  the
case,  not  sufficiently reliable, in which case the court shall require
that the witness testify in person and be subject to cross-examination.
  S 2. Subdivision 2-a of section 190.30 of the criminal procedure  law,
as  amended  by  chapter  453 of the laws of 1999, is amended to read as
follows:
  2-a. When the electronic transmission of a certified report,  FORM  OR
RECORD,  or certified copy thereof, of the kind described in subdivision
two or three-a of this section or a sworn statement or copy thereof,  of
the  kind  described  in  subdivision three of this section results in a
written document, such written document may be received  in  such  grand
jury proceeding provided that: (a) a transmittal memorandum completed by
the  person  sending the report, FORM OR RECORD contains a certification
that the report, FORM OR RECORD has not been altered and  a  description

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07972-01-9

S. 2632                             2

of  the  report,  FORM OR RECORD specifying the number of pages; and (b)
the person who receives the electronically transmitted  document  certi-
fies that such document and transmittal memorandum were so received; and
(c)  a  certified  report,  FORM  OR RECORD or a certified copy or sworn
statement or sworn copy thereof is filed with the  court  within  twenty
days following arraignment upon the indictment; and (d) where such writ-
ten  document  is  a  sworn  statement or sworn copy thereof of the kind
described in subdivision three of this section, such sworn statement  or
sworn  copy  thereof  is  also  provided to the defendant or his counsel
within twenty days following arraignment upon the indictment.
  S 3. Subdivision 3-a of section 190.30 of the criminal procedure  law,
as  added  by  chapter  453  of  the laws of 1999, is amended to read as
follows:
  3-a. A sex  offender  registration  form,  sex  offender  registration
continuation/supplemental  form, sex offender registry address verifica-
tion form, sex offender change of address form, CRIMINAL HISTORY RECORD,
or a copy of such form OR RECORD, maintained by the division of criminal
justice services concerning an individual who is the subject of a  grand
jury  proceeding,  may,  when  certified  by  a person designated by the
commissioner of the division of criminal justice services as the  person
to certify such FORMS OR records, as a true copy thereof, be received in
such grand jury proceeding as evidence of the facts stated therein.
  S  4.  The penal law is amended by adding a new section 240.75 to read
as follows:
S 240.75 AGGRAVATED CRIMINAL CONDUCT.
  1. A PERSON IS GUILTY OF AGGRAVATED CRIMINAL CONDUCT WHEN SUCH  PERSON
COMMITS  A CLASS A MISDEMEANOR DEFINED IN THIS CHAPTER AFTER HAVING BEEN
PREVIOUSLY SUBJECTED TO THREE OR MORE QUALIFYING MISDEMEANOR  OR  FELONY
CONVICTIONS WITHIN THE PRECEDING TEN YEARS.
  2.  THE  PROVISIONS  OF  SECTION  200.60 OF THE CRIMINAL PROCEDURE LAW
SHALL APPLY TO ANY PROSECUTION UNDER THIS SECTION.
  3. FOR THE PURPOSES OF THIS SECTION, IN DETERMINING WHETHER  A  PERSON
HAS BEEN PREVIOUSLY SUBJECTED TO THREE OR MORE QUALIFYING MISDEMEANOR OR
FELONY  CONVICTIONS WITHIN THE PRECEDING TEN YEARS, THE FOLLOWING CRITE-
RIA SHALL APPLY:
  (A) EACH CONVICTION MUST HAVE BEEN IN THIS STATE OF A CLASS  A  MISDE-
MEANOR  DEFINED  IN  THIS  CHAPTER  OR OF A FELONY, OR OF A CRIME IN ANY
OTHER JURISDICTION FOR WHICH A SENTENCE TO A TERM OF IMPRISONMENT OF  AT
LEAST  ONE  YEAR OR A SENTENCE OF DEATH WAS AUTHORIZED AND IS AUTHORIZED
IN THIS STATE IRRESPECTIVE OF WHETHER SUCH SENTENCE WAS IMPOSED;
  (B) SENTENCE UPON EACH SUCH PRIOR CONVICTION MUST  HAVE  BEEN  IMPOSED
BEFORE COMMISSION OF THE PRESENT MISDEMEANOR;
  (C)  SUSPENDED  SENTENCE, SUSPENDED EXECUTION OF SENTENCE, SENTENCE OF
PROBATION, SENTENCE OF PAROLE SUPERVISION, AND SENTENCE  OF  CONDITIONAL
DISCHARGE  OR  OF  UNCONDITIONAL  DISCHARGE  SHALL  BE  DEEMED  TO  BE A
SENTENCE;
  (D) EXCEPT AS PROVIDED IN PARAGRAPH  (E)  OF  THIS  SUBDIVISION,  EACH
SENTENCE  MUST  HAVE BEEN IMPOSED NOT MORE THAN TEN YEARS BEFORE COMMIS-
SION OF THE PRESENT MISDEMEANOR;
  (E) IN CALCULATING THE TEN YEAR PERIOD UNDER  PARAGRAPH  (D)  OF  THIS
SUBDIVISION, ANY PERIOD OF TIME DURING WHICH THE DEFENDANT WAS INCARCER-
ATED  FOR ANY REASON BETWEEN THE TIME OF COMMISSION OF ANY OF THE PREVI-
OUS CONVICTIONS AND THE TIME OF COMMISSION OF  THE  PRESENT  MISDEMEANOR
SHALL BE EXCLUDED AND SUCH TEN YEAR PERIOD SHALL BE EXTENDED BY A PERIOD
OR PERIODS EQUAL TO THE TIME SERVED;

S. 2632                             3

  (F) AN OFFENSE FOR WHICH THE DEFENDANT HAS BEEN PARDONED ON THE GROUND
OF  INNOCENCE  SHALL  NOT  BE  DEEMED  A  PREVIOUS MISDEMEANOR OR FELONY
CONVICTION;
  (G)  WHEN  MULTIPLE SENTENCES FOR TWO OR MORE CONVICTIONS WERE IMPOSED
AT THE SAME TIME, ALL CONVICTIONS SHALL BE DEEMED TO CONSTITUTE ONLY ONE
CONVICTION.
  4. NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO PRECLUDE  A
PROSECUTION  OR CONVICTION FOR ANY OTHER OFFENSE, A NECESSARY ELEMENT OF
WHICH IS A PREVIOUS CONVICTION FOR AN OFFENSE.
  AGGRAVATED CRIMINAL CONDUCT IS A CLASS E FELONY.
  S 5. This act shall take effect immediately.

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Senate Bill S2632

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

co-Sponsors

2009-S2632 (ACTIVE) - Details

2009-S2632 (ACTIVE) - Summary

2009-S2632 (ACTIVE) - Sponsor Memo

2009-S2632 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2632

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Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

co-Sponsors

2009-S2632 (ACTIVE) - Details

2009-S2632 (ACTIVE) - Summary

2009-S2632 (ACTIVE) - Sponsor Memo

2009-S2632 (ACTIVE) - Bill Text download pdf

Comments