Bill Text: NY A08265 | 2009-2010 | General Assembly | Amended

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Bill Title: Establishes the offense of aggravated criminal conduct, when a person commits a misdemeanor after having been previously convicted of six or more qualifying misdemeanor or felony crimes within the preceding year, as a class E felony.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-05-21 - print number 8265a [A08265 Detail]

Download: New_York-2009-A08265-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        8265--A
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                     May 11, 2009
                                      ___________
       Introduced by M. of A. CUSICK -- read once and referred to the Committee
         on  Codes  -- recommitted to the Committee on Codes in accordance with
         Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
         reprinted as amended and recommitted to said committee
       AN ACT to amend the  penal  law,  in  relation  to  aggravated  criminal
         conduct
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The penal law is amended by adding a new section 240.75  to
    2  read as follows:
    3  S 240.75 AGGRAVATED CRIMINAL CONDUCT.
    4    1.  A PERSON IS GUILTY OF AGGRAVATED CRIMINAL CONDUCT WHEN SUCH PERSON
    5  COMMITS A MISDEMEANOR DEFINED IN THIS CHAPTER AFTER HAVING  BEEN  PREVI-
    6  OUSLY  CONVICTED  OF SIX OR MORE QUALIFYING MISDEMEANOR OR FELONY CRIMES
    7  WITHIN THE PRECEDING ONE YEAR.
    8    2. THE PROVISIONS OF SECTION 200.60  OF  THE  CRIMINAL  PROCEDURE  LAW
    9  SHALL APPLY TO ANY PROSECUTION UNDER THIS SECTION.
   10    3.  FOR  THE PURPOSES OF THIS SECTION, IN DETERMINING WHETHER A PERSON
   11  HAS PREVIOUSLY BEEN CONVICTED OF SIX OR MORE QUALIFYING  MISDEMEANOR  OR
   12  FELONY  CRIMES  WITHIN  THE  PRECEDING  ONE YEAR, THE FOLLOWING CRITERIA
   13  SHALL APPLY:
   14    (A) ONLY CONVICTIONS FOR OFFENSES DEFINED IN THE FOLLOWING SECTIONS OF
   15  THIS CHAPTER SHALL BE DEEMED QUALIFYING MISDEMEANORS:  SECTIONS  115.00,
   16  120.00,  120.14, 120.15, 120.20, 120.45, 120.50, 130.20, 130.52, 130.55,
   17  130.60, 140.10, 140.15, 140.35, 145.00, 145.14, 145.15, 145.60,  145.65,
   18  150.01,  155.25, 165.09, 165.15, 165.25, 165.40, 165.71, 170.05, 170.20,
   19  190.78, 190.81, 205.30, 215.50, 220.03, 220.45, 220.50, 220.70,  221.10,
   20  221.15,  221.35, 221.40, 230.00, 230.04, 230.40, 240.25, 240.30, 245.00,
   21  265.01, AND 265.17.
   22    (B) EACH CONVICTION OF A MISDEMEANOR OR OF A FELONY MUST HAVE BEEN  BY
   23  A COURT IN THIS STATE.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11710-02-0
       A. 8265--A                          2
    1    (C)  SENTENCE UPON EACH PRIOR CONVICTION MUST HAVE BEEN IMPOSED BEFORE
    2  COMMISSION OF THE PRESENT MISDEMEANOR.
    3    (D)  SUSPENDED  SENTENCE, SUSPENDED EXECUTION OF SENTENCE, SENTENCE OF
    4  PROBATION, SENTENCE OF PAROLE SUPERVISION, AND SENTENCE  OF  CONDITIONAL
    5  DISCHARGE  OR  OF  UNCONDITIONAL  DISCHARGE  SHALL  BE  DEEMED  TO  BE A
    6  SENTENCE.
    7    (E) EXCEPT AS PROVIDED IN PARAGRAPH  (F)  OF  THIS  SUBDIVISION,  EACH
    8  SENTENCE MUST HAVE BEEN IMPOSED NOT MORE THAN ONE YEAR BEFORE COMMISSION
    9  OF THE PRESENT MISDEMEANOR.
   10    (F)  IN  CALCULATING  THE  ONE YEAR PERIOD UNDER PARAGRAPH (E) OF THIS
   11  SUBDIVISION, ANY PERIOD OF TIME DURING WHICH THE DEFENDANT WAS INCARCER-
   12  ATED FOR ANY REASON BETWEEN THE TIME OF IMPOSITION OF SENTENCE  FOR  ANY
   13  OF  THE  PREVIOUS  CONVICTIONS AND THE TIME OF COMMISSION OF THE PRESENT
   14  MISDEMEANOR SHALL BE EXCLUDED AND SUCH ONE YEAR PERIOD SHALL BE EXTENDED
   15  BY A PERIOD OR PERIODS EQUAL TO THE TIME SERVED.
   16    (G) A CONVICTION THAT HAS BEEN REVERSED OR VACATED, OR CONVICTION  FOR
   17  WHICH  THE  DEFENDANT HAS BEEN PARDONED PURSUANT TO ARTICLE TWO-A OF THE
   18  EXECUTIVE LAW, SHALL NOT BE DEEMED  A  PREVIOUS  MISDEMEANOR  OR  FELONY
   19  CONVICTION.
   20    (H)  WHEN  MULTIPLE SENTENCES FOR TWO OR MORE CONVICTIONS WERE IMPOSED
   21  AT THE SAME TIME, ALL CONVICTIONS SHALL BE DEEMED TO CONSTITUTE ONLY ONE
   22  CONVICTION.
   23    (I) WHEN A DEFENDANT HAS PREVIOUSLY BEEN CONVICTED OF AGGRAVATED CRIM-
   24  INAL CONDUCT PURSUANT TO THIS SECTION, ANY PRIOR MISDEMEANOR  OR  FELONY
   25  CONVICTION  USED TO ESTABLISH GUILT FOR THAT AGGRAVATED CRIMINAL CONDUCT
   26  CONVICTION SHALL NOT BE USED TO ESTABLISH GUILT IN A  SUBSEQUENT  PROSE-
   27  CUTION FOR THIS OFFENSE.
   28    4.  NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO PRECLUDE A
   29  PROSECUTION OR CONVICTION FOR ANY OTHER OFFENSE, A NECESSARY ELEMENT  OF
   30  WHICH IS A PREVIOUS CONVICTION FOR AN OFFENSE.
   31    AGGRAVATED CRIMINAL CONDUCT IS A CLASS E FELONY.
   32    S 2. This act shall take effect immediately.