S T A T E   O F   N E W   Y O R K
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                                  2551

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 19, 2011
                               ___________

Introduced by M. of A. PRETLOW -- Multi-Sponsored by -- M. of A. LUPARDO
  -- read once and referred 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
of  the  report,  FORM OR RECORD specifying the number of pages; and (b)

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03054-01-1
              

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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;

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  (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.