NY State Senate Bill 2017-S1178

Senate Bill S1178

2017-2018 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

download bill text pdf

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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to codes returned to senate died in assembly
Jun 07, 2017	referred to codes delivered to assembly passed senate
Jun 05, 2017	ordered to third reading cal.1388 committee discharged and committed to rules
Jan 06, 2017	referred to codes

Votes

- Jun 7, 2017 - Floor Vote
  S1178
  
  44
  
  Aye
  
  18
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 7, 2017
      
      aye (44)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Golden
      
      Griffo
      
      Hannon
      
      Helming
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Savino
      
      Serino
      
      Seward
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      nay (18)
      
      Alcantara
      
      Bailey
      
      Benjamin
      
      Comrie
      
      Dilan
      
      Gianaris
      
      Hamilton
      
      Hoylman-Sigal
      
      Krueger
      
      Montgomery
      
      Parker
      
      Peralta
      
      Persaud
      
      Rivera
      
      Sanders Jr.
      
      Serrano
      
      Squadron
      
      Stavisky
      
      excused (1)
      
      LaValle
  Jun 5, 2017 - Rules Committee Vote
  S1178
  
  18
  
  Aye
  
  5
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 5, 2017
      
      aye (18)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Flanagan
      
      Griffo
      
      Hannon
      
      Kennedy
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Ranzenhofer
      
      Robach
      
      Savino
      
      Seward
      
      Valesky
      
      nay (5)
      
      Dilan
      
      Gianaris
      
      Krueger
      
      Montgomery
      
      Squadron
      
      aye wr (1)
      
      Stewart-Cousins
      
      excused (1)
      
      Parker

2017-S1178 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Add §240.78, Pen L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S5096
2013-2014: S1521
2015-2016: S447

2017-S1178 (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.

2017-S1178 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1178

 TITLE OF BILL :

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
misdemeanor convictions within the preceding five years

 PURPOSE :

This legislation would create 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.

 SUMMARY OF PROVISIONS :

Adds a new section 240.75 to the New York State Penal Law to create
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.

Each conviction must have been a crime in New York State and be a
class A misdemeanor. 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 the present misdemeanor will be excluded for the five year
period timeframe.

Aggravated criminal conduct is a class E felony.

 JUSTIFICATION :

The New York State Division of Criminal Justice Services reports that
8,824 individuals had been convicted of five or more misdemeanors
within the three years that ended Dec. 31, 2010. Of those more than
8,000 criminals, 1,600 of them had 10 or more convictions in the same
time frame, and a staggering 169 criminals had 20 or more convictions.

Something must be done to remove these perpetual repeat offenders off
the streets of New York State and behind bars. This legislation would
create 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.

 LEGISLATIVE HISTORY :

S.447 of 2015/16

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect on the one hundred and eightieth day after
it shall have become a law.

2017-S1178 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1178
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2017
                                ___________
 
 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:
 § 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.
                                                            LBD05843-01-7

 S. 1178                             2
 
 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 FIVE YEARS BEFORE  COMMIS-
 SION OF THE PRESENT MISDEMEANOR;
   (E)  IN  CALCULATING  THE FIVE 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 FIVE YEAR PERIOD SHALL BE EXTENDED BY A PERI-
 OD OR PERIODS EQUAL TO THE TIME SERVED;
   (F) AN OFFENSE FOR WHICH THE DEFENDANT HAS BEEN PARDONED ON THE GROUND
 OF INNOCENCE SHALL NOT BE DEEMED A PREVIOUS MISDEMEANOR 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.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

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