|
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
|---|---|
| Jan 08, 2014 |
referred to codes |
| Jun 12, 2013 |
reported referred to rules |
| Jun 10, 2013 |
print number 4274b |
| Jun 10, 2013 |
amend (t) and recommit to codes |
| Apr 17, 2013 |
print number 4274a |
| Apr 17, 2013 |
amend (t) and recommit to codes |
| Feb 01, 2013 |
referred to codes |
Assembly Bill A4274B
2013-2014 Legislative Session
Sponsored By
CUSICK
Archive: Last Bill Status - In Assembly 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
Bill Amendments
2013-A4274 - Details
2013-A4274 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
4274
2013-2014 Regular Sessions
I N A S S E M B L Y
February 1, 2013
___________
Introduced by M. of A. CUSICK -- read once and referred to the Committee
on Codes
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:
Section 1. The penal law is amended by adding a new section 70.16 to
read as follows:
S 70.16 JURISDICTION AND VENUE FOR A PATTERN OF ORGANIZED RETAIL CRIME
OFFENSES.
1. A PERSON MAY BE PROSECUTED FOR CRIMINAL ACTIONS WITH RESPECT TO
EACH OF THE ALLEGED CRIMINAL OFFENSES INCLUDED WITHIN A PATTERN OF CRIM-
INAL OFFENSES THAT ARE PART OF THE SAME PLAN, SCHEME, OR ADVENTURE OF
ORGANIZED RETAIL CRIME, IN ANY COUNTY WHERE AT LEAST ONE ALLEGED CRIMI-
NAL OFFENSE HAS OCCURRED AND SUCH OFFENSE IS PART OF THE ALLEGED PATTERN
OF CRIMINAL ACTIVITY. ONE DISTRICT COURT OR COUNTY COURT MAY POSSESS
JURISDICTION OVER ALL CRIMINAL OFFENSES, PERSONS AND PROPERTY THAT ARE
PART OF, OR ARE DIRECTLY RELATED TO, EACH OR ALL OF THE ALLEGED CRIMINAL
OFFENSES FORMING THE ALLEGED PATTERN OF CRIMINAL OFFENSES.
2. THIS SECTION SHALL BE ENFORCED IN ANY COUNTY WHERE AT LEAST ONE
ALLEGED CRIMINAL OFFENSE HAS OCCURRED AND SUCH OFFENSE IS PART OF THE
ALLEGED PATTERN OF CRIMINAL ACTIVITY.
3. FOR PURPOSES OF THIS SECTION, ORGANIZED RETAIL CRIME SHALL MEAN THE
STEALING, EMBEZZLEMENT, OR OBTAINING BY FRAUD, FALSE PRETENSES, OR OTHER
ILLEGAL MEANS, RETAIL MERCHANDISE IN QUANTITIES THAT WOULD NOT NORMALLY
BE PURCHASED FOR PERSONAL USE OR CONSUMPTION, FOR THE PURPOSES OF
RESELLING, TRADING, OR OTHERWISE REENTERING SUCH RETAIL MERCHANDISE IN
COMMERCE.
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.
LBD01061-01-3
2013-A4274A - Details
2013-A4274A - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
4274--A
2013-2014 Regular Sessions
I N A S S E M B L Y
February 1, 2013
___________
Introduced by M. of A. CUSICK -- 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 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:
Section 1. Subdivision 4 of section 20.40 of the criminal procedure
law is amended by adding a new paragraph (n) to read as follows:
(N) A PERSON MAY BE PROSECUTED FOR EACH OF THE ALLEGED CRIMINAL
OFFENSES INCLUDED WITHIN A PATTERN OF CRIMINAL OFFENSES THAT ARE PART OF
THE SAME PLAN, SCHEME, OR VENTURE OF ORGANIZED RETAIL CRIME, IN ANY
COUNTY WHERE AT LEAST ONE ALLEGED CRIMINAL OFFENSE HAS OCCURRED AND SUCH
OFFENSE IS PART OF THE ALLEGED PATTERN OF CRIMINAL ACTIVITY. FOR
PURPOSES OF THIS PARAGRAPH, ORGANIZED RETAIL CRIME SHALL MEAN THE STEAL-
ING, EMBEZZLEMENT, OR OBTAINING BY FRAUD, FALSE PRETENSES, OR OTHER
ILLEGAL MEANS, RETAIL MERCHANDISE IN QUANTITIES THAT WOULD NOT NORMALLY
BE PURCHASED FOR PERSONAL USE OR CONSUMPTION, FOR THE PURPOSES OF
RESELLING, TRADING, OR OTHERWISE REENTERING SUCH RETAIL MERCHANDISE IN
COMMERCE.
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.
LBD01061-03-3
co-Sponsors
John T. McDonald III
2013-A4274B (ACTIVE) - Details
2013-A4274B (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
4274--B
2013-2014 Regular Sessions
I N A S S E M B L Y
February 1, 2013
___________
Introduced by M. of A. CUSICK -- read once and referred to the Committee
on Codes -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee -- again reported from said
committee with amendments, ordered reprinted as amended and recommit-
ted to said committee
AN ACT to amend the criminal procedure law, in relation to establishing
jurisdiction and venue for organized retail theft crimes
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 4 of section 20.40 of the criminal procedure
law is amended by adding a new paragraph (n) to read as follows:
(N) (I) AN ORGANIZED RETAIL THEFT CRIME, WHERE THE DEFENDANT KNOWS
THAT SUCH CRIME IS A PART OF A COORDINATED PLAN, SCHEME OR VENTURE OF
ORGANIZED RETAIL THEFT CRIMES COMMITTED BY TWO OR MORE PERSONS, MAY BE
PROSECUTED IN ANY COUNTY IN WHICH AT LEAST ONE SUCH ORGANIZED RETAIL
THEFT CRIME WAS COMMITTED; PROVIDED, HOWEVER, THAT THE COUNTY OF PROSE-
CUTION IS CONTIGUOUS TO ANOTHER COUNTY IN WHICH ONE OR MORE OF SUCH
OTHER ORGANIZED RETAIL THEFT CRIMES WAS COMMITTED. FOR PURPOSES OF THIS
PARAGRAPH, THE FIVE COUNTIES THAT COMPRISE NEW YORK CITY SHALL BE DEEMED
CONTIGUOUS WITH EACH OTHER.
(II) FOR PURPOSES OF THIS PARAGRAPH, "ORGANIZED RETAIL THEFT CRIME"
SHALL MEAN AND INCLUDE A CRIME UNDER THIS CHAPTER THAT INVOLVES THE
LARCENY, EMBEZZLEMENT OR OBTAINING BY FRAUD, FALSE PRETENSES OR OTHER
ILLEGAL MEANS OF RETAIL MERCHANDISE IN QUANTITIES THAT WOULD NOT NORMAL-
LY BE PURCHASED FOR PERSONAL USE OR CONSUMPTION, FOR THE PURPOSES OF
RESELLING, TRADING, OR OTHERWISE REENTERING SUCH RETAIL MERCHANDISE IN
COMMERCE.
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.
LBD01061-04-3
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