Senate Bill S447

2015-2016 Legislative Session

Creates the crime of aggravated criminal conduct where an individual commits a misdemeanor and has been previously subjected to four or more qualifying misdemeanors

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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

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2015-S447 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add ยง240.78, Pen L
Versions Introduced in Other Legislative Sessions:
2011-2012: S5096
2013-2014: S1521
2017-2018: S1178

2015-S447 (ACTIVE) - Summary

Creates the crime of aggravated criminal conduct where an individual commits a misdemeanor and has been previously subjected to four or more qualifying misdemeanor convictions within the preceding five years; provides that, in calculating the five year period, any period of time during which the defendant was incarcerated for any reason between the time of commission of any of the previous convictions and the time of commission of the present misdemeanor shall be excluded and such five year period shall be extended by a period or periods equal to the time served.

2015-S447 (ACTIVE) - Sponsor Memo

2015-S447 (ACTIVE) - Bill Text download pdf 

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

                                   447

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen.  MARCELLINO  -- 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  creating  the  crime  of
  aggravated  criminal conduct where an individual commits a misdemeanor
  and has been previously subjected to four or more qualifying misdemea-
  nor convictions within the preceding five years

  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 240.78 to
read as follows:
S 240.78 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 FOUR OR MORE QUALIFYING MISDEMEANOR  CONVICTIONS
WITHIN THE PRECEDING FIVE 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 FOUR OR MORE QUALIFYING MISDEMEANOR
CONVICTIONS WITHIN THE PRECEDING  FIVE  YEARS,  THE  FOLLOWING  CRITERIA
SHALL APPLY:
  (A)  EACH  CONVICTION  MUST  HAVE  BEEN IN THIS STATE AND BE A CLASS A
MISDEMEANOR AS DEFINED IN THIS CHAPTER, OR  OF  A  CRIME  IN  ANY  OTHER
JURISDICTION  FOR WHICH A SENTENCE TO A TERM OF IMPRISONMENT OF AT LEAST
ONE YEAR WAS AUTHORIZED AND IS A CRIME 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

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

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