Senate Bill S1342A

2017-2018 Legislative Session

Includes within the felonies of gang assault in the first and second degrees, gang assaults committed by use of a motor vehicle

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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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Bill Amendments

2017-S1342 - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §§120.06 & 120.07, Pen L
Versions Introduced in Other Legislative Sessions:
2013-2014: S6179
2015-2016: S3577

2017-S1342 - Summary

Includes within the felonies of gang assault in the first and second degree, gang assaults committed by use of a motor vehicle.

2017-S1342 - Sponsor Memo

2017-S1342 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1342
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2017
                                ___________
 
 Introduced by Sen. ALCANTARA -- 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 vehicular gang activity
 
   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  70.12  to
 read as follows:
 § 70.12 SENTENCE OF IMPRISONMENT FOR VEHICULAR GANG ACTIVITY.
   1.  DEFINITIONS. THE TERM "VEHICULAR OFFENSE" SHALL MEAN ANY MISDEMEA-
 NOR OR FELONY COMMITTED  WHILE  OPERATING  A  MOTOR  VEHICLE.  THE  TERM
 "VEHICULAR  GANG  ACTIVITY"  SHALL  MEAN THE COMMISSION OF ANY VEHICULAR
 OFFENSE WHERE A PERSON IS AIDED BY TWO OR MORE  OTHER  PERSONS  ACTUALLY
 PRESENT.
   2.  AUTHORIZED  SENTENCE.  (A)  NOTWITHSTANDING ANY OTHER PROVISION OF
 LAW, WHEN A PERSON IS CONVICTED OF A VEHICULAR GANG ACTIVITY WHICH IS  A
 CLASS  C,  D, OR E FELONY OR A MISDEMEANOR, THE CRIME SHALL BE DEEMED TO
 BE ONE CATEGORY HIGHER THAN THE CRIME THE PERSON COMMITTED, OR ATTEMPTED
 OR CONSPIRED TO COMMIT.
   (B) NOTWITHSTANDING ANY OTHER PROVISION  OF  LAW,  WHEN  A  PERSON  IS
 CONVICTED OF VEHICULAR GANG ACTIVITY WHICH IS A CLASS B FELONY:
   (I)  THE  MAXIMUM  TERM OF THE INDETERMINATE SENTENCE MUST BE AT LEAST
 SIX YEARS IF THE DEFENDANT IS SENTENCED PURSUANT  TO  SECTION  70.00  OF
 THIS ARTICLE;
   (II) THE TERM OF THE DETERMINATE SENTENCE MUST BE AT LEAST EIGHT YEARS
 IF THE DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.02 OF THIS ARTICLE;
   (III)  THE  TERM  OF  THE DETERMINATE SENTENCE MUST BE AT LEAST TWELVE
 YEARS IF THE DEFENDANT IS SENTENCED PURSUANT TO SECTION  70.04  OF  THIS
 ARTICLE;
   (IV) THE MAXIMUM TERM OF THE INDETERMINATE SENTENCE OR THE TERM OF THE
 DETERMINATE  SENTENCE  MUST  BE  AT  LEAST TEN YEARS IF THE DEFENDANT IS
 SENTENCED PURSUANT TO SECTION 70.06 OF THIS ARTICLE.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

2017-S1342A (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §§120.06 & 120.07, Pen L
Versions Introduced in Other Legislative Sessions:
2013-2014: S6179
2015-2016: S3577

2017-S1342A (ACTIVE) - Summary

Includes within the felonies of gang assault in the first and second degree, gang assaults committed by use of a motor vehicle.

2017-S1342A (ACTIVE) - Sponsor Memo

2017-S1342A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1342--A
     Cal. No. 491
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2017
                                ___________
 
 Introduced by Sen. ALCANTARA -- read twice and ordered printed, and when
   printed  to be committed to the Committee on Codes -- reported favora-
   bly from said committee, ordered to first and second  report,  ordered
   to a third reading, amended and ordered reprinted, retaining its place
   in the order of third reading

 AN ACT to amend the penal law, in relation to gang assault
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 120.06 of the penal law, as added by chapter 647 of
 the laws of 1996, is amended to read as follows:
 § 120.06 Gang assault in the second degree.
   A person is guilty of gang assault in the second degree when[, with]:
   1. WITH intent to cause physical injury to  another  person  and  when
 aided  by  two  or more other persons actually present, he OR SHE causes
 serious physical injury to such person or to a third person[.]; OR
   2. HE OR SHE OPERATES A MOTOR VEHICLE WITH INTENT  TO  CAUSE  PHYSICAL
 INJURY  TO  ANOTHER  PERSON  AND WHEN AIDED BY TWO OR MORE OTHER PERSONS
 ACTUALLY PRESENT, HE OR SHE  CAUSES  SERIOUS  PHYSICAL  INJURY  TO  SUCH
 PERSON OR TO A THIRD PERSON.
   Gang assault in the second degree is a class C felony.
   §  2.  Section 120.07 of the penal law, as added by chapter 647 of the
 laws of 1996, is amended to read as follows:
 § 120.07 Gang assault in the first degree.
   A person is guilty of gang assault in the first degree when[, with]:
   1. WITH intent to cause serious physical injury to another person  and
 when  aided  by  two  or  more other persons actually present, he OR SHE
 causes serious physical injury to such person or to a  third  person[.];
 OR
   2.  HE  OR  SHE  OPERATES A MOTOR VEHICLE WITH INTENT TO CAUSE SERIOUS
 PHYSICAL INJURY TO ANOTHER PERSON AND WHEN AIDED BY TWO  OR  MORE  OTHER
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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