Assembly Bill A8247

Signed By Governor
2011-2012 Legislative Session

Relates to the prosecution of separate offenses based on the same criminal act

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Archive: Last Bill Status - Signed by Governor

  • 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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Bill Amendments

2011-A8247 - Details

Law Section:
Criminal Procedure Law
Laws Affected:
Amd §40.20, CP L

2011-A8247 - Summary

Relates to the prosecution of separate offenses based upon the same criminal act.

2011-A8247 - Bill Text download pdf 

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

                                  8247

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              June 8, 2011
                               ___________

Introduced  by  M. of A. LENTOL -- (at request of the Department of Law)
  -- read once and referred to the Committee on Codes

AN ACT to amend the criminal procedure law, in relation  to  the  prose-
  cution of separate offenses based upon the same criminal act

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

  Section 1. Subdivision 2 of section 40.20 of  the  criminal  procedure
law is amended by adding a new paragraph (i) to read as follows:
  (I)  ONE OF THE OFFENSES CONSISTS OF A VIOLATION OF 18 U.S.C.  371 AND
RELATES TO FEDERAL INCOME TAXES, OR A VIOLATION OF 26  U.S.C.  7201,  26
U.S.C.  7202,  26 U.S.C. 7203, 26 U.S.C. 7204, 26 U.S.C. 7205, 26 U.S.C.
7206 OR 26 U.S.C. 7212(A) AND THE OTHER  OFFENSE  RELATES  TO  NEW  YORK
STATE  OR  NEW  YORK  CITY  INCOME  TAXES  AND IS DEFINED IN ARTICLE ONE
HUNDRED FIFTY-FIVE OF THE PENAL LAW, ARTICLE ONE HUNDRED SEVENTY OF  THE
PENAL  LAW,  ARTICLE  ONE HUNDRED SEVENTY-FIVE OF THE PENAL LAW, ARTICLE
THIRTY-SEVEN OF THE TAX LAW OR CHAPTER FORTY  OF  TITLE  ELEVEN  OF  THE
ADMINISTRATIVE CODE OF THE CITY OF NEW YORK.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11792-03-1

2011-A8247A (ACTIVE) - Details

Law Section:
Criminal Procedure Law
Laws Affected:
Amd §40.20, CP L

2011-A8247A (ACTIVE) - Summary

Relates to the prosecution of separate offenses based upon the same criminal act.

2011-A8247A (ACTIVE) - Bill Text download pdf 

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

                                 8247--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              June 8, 2011
                               ___________

Introduced  by  M. of A. LENTOL -- (at request of the Department of Law)
  -- read once and referred to  the  Committee  on  Codes  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend the criminal procedure law, in relation to the prose-
  cution of separate offenses based upon the same criminal act

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

  Section  1.  Subdivision  2 of section 40.20 of the criminal procedure
law is amended by adding a new paragraph (i) to read as follows:
  (I) ONE OF THE OFFENSES CONSISTS OF A VIOLATION OF  18  U.S.C.    371,
WHERE  THE OBJECT OF THE CONSPIRACY IS TO ATTEMPT IN ANY MANNER TO EVADE
OR DEFEAT ANY FEDERAL INCOME TAX OR THE PAYMENT THEREOF, OR A  VIOLATION
OF  26  U.S.C.  7201, 26 U.S.C. 7202, 26 U.S.C. 7203, 26 U.S.C. 7204, 26
U.S.C. 7205, 26 U.S.C. 7206 OR 26 U.S.C. 7212(A), WHERE THE  PURPOSE  IS
TO  EVADE  OR  DEFEAT ANY FEDERAL INCOME TAX OR THE PAYMENT THEREOF, AND
THE OTHER OFFENSE IS COMMITTED FOR THE PURPOSE OF EVADING  OR  DEFEATING
ANY NEW YORK STATE OR NEW YORK CITY INCOME TAXES AND IS DEFINED IN ARTI-
CLE ONE HUNDRED FIFTY-FIVE OF THE PENAL LAW, ARTICLE ONE HUNDRED SEVENTY
OF  THE  PENAL  LAW,  ARTICLE ONE HUNDRED SEVENTY-FIVE OF THE PENAL LAW,
ARTICLE THIRTY-SEVEN OF THE TAX LAW OR CHAPTER FORTY OF TITLE ELEVEN  OF
THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law and shall only apply  to  offenses  committed  on  and
after such date.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11792-06-1

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