Bill Text: NY S01330 | 2021-2022 | General Assembly | Introduced

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Bill Title: Enacts the "chronic criminal act"; establishes the crime of aggravated criminal conduct.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO CODES [S01330 Detail]

Download: New_York-2021-S01330-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1330

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 11, 2021
                                       ___________

        Introduced  by  Sen. TEDISCO -- read twice and ordered printed, and when
          printed to be committed to the Committee on Codes

        AN ACT to amend the  criminal  procedure  law  and  the  penal  law,  in
          relation to enacting the "chronic criminal act"

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "chronic criminal act".
     3    § 2. Subdivision 8 of section 180.60 of the criminal procedure law, as
     4  amended  by  chapter  307  of  the  laws  of 1975, is amended to read as
     5  follows:
     6    8. Upon such a hearing, only non-hearsay  evidence  is  admissible  to
     7  demonstrate  reasonable  cause to believe that the defendant committed a
     8  felony; except that reports of experts and technicians  in  professional
     9  and  scientific  fields  and  sworn  statements, forms or records of the
    10  kinds specified in subdivisions two [and], three and three-a of  section
    11  190.30 of this part are admissible to the same extent as in a grand jury
    12  proceeding, unless the court determines, upon application of the defend-
    13  ant,  that  such hearsay evidence is, under the particular circumstances
    14  of the case, not sufficiently reliable, in which case  the  court  shall
    15  require  that the witness testify in person and be subject to cross-exa-
    16  mination.
    17    § 3. Subdivision 2-a of section 190.30 of the criminal procedure  law,
    18  as  amended  by  chapter  453 of the laws of 1999, is amended to read as
    19  follows:
    20    2-a. When the electronic transmission of a certified report,  form  or
    21  record,  or certified copy thereof, of the kind described in subdivision
    22  two or three-a of this section or a sworn statement or copy thereof,  of
    23  the  kind  described  in  subdivision three of this section results in a
    24  written document, such written document may be received  in  such  grand
    25  jury proceeding provided that: (a) a transmittal memorandum completed by

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03933-01-1
        S. 1330                             2

     1  the  person  sending the report, form or record contains a certification
     2  that the report, form or record has not been altered and  a  description
     3  of  the  report,  form or record specifying the number of pages; and (b)
     4  the  person  who receives the electronically transmitted document certi-
     5  fies that such document and transmittal memorandum were so received; and
     6  (c) a certified report, form or record or  a  certified  copy  or  sworn
     7  statement  or  sworn  copy thereof is filed with the court within twenty
     8  days following arraignment upon the indictment; and (d) where such writ-
     9  ten document is a sworn statement or sworn  copy  thereof  of  the  kind
    10  described  in subdivision three of this section, such sworn statement or
    11  sworn copy thereof is also provided to  the  defendant  or  his  counsel
    12  within twenty days following arraignment upon the indictment.
    13    §  4. Subdivision 3-a of section 190.30 of the criminal procedure law,
    14  as added by chapter 453 of the laws of  1999,  is  amended  to  read  as
    15  follows:
    16    3-a.  A  sex  offender  registration  form,  sex offender registration
    17  continuation/supplemental form, sex offender registry address  verifica-
    18  tion form, sex offender change of address form, criminal history record,
    19  or a copy of such form or record, maintained by the division of criminal
    20  justice  services concerning an individual who is the subject of a grand
    21  jury proceeding, may, when certified  by  a  person  designated  by  the
    22  commissioner  of the division of criminal justice services as the person
    23  to certify such forms or records, as a true copy thereof, be received in
    24  such grand jury proceeding as evidence of the facts stated therein.
    25    § 5. The penal law is amended by adding a new section 240.80  to  read
    26  as follows:
    27  § 240.80 Aggravated criminal conduct.
    28    1.  A person is guilty of aggravated criminal conduct when such person
    29  commits a class A misdemeanor defined in this chapter after having  been
    30  previously  subjected  to three or more qualifying misdemeanor or felony
    31  convictions within the preceding ten years.
    32    2. The provisions of section 200.60  of  the  criminal  procedure  law
    33  shall apply to any prosecution under this section.
    34    3.  For  the purposes of this section, in determining whether a person
    35  has been previously subjected to three or more qualifying misdemeanor or
    36  felony convictions within the preceding ten years, the following  crite-
    37  ria shall apply:
    38    (a)  Each  conviction must have been in this state of a class A misde-
    39  meanor defined in this chapter or of a felony, or  of  a  crime  in  any
    40  other  jurisdiction for which a sentence to a term of imprisonment of at
    41  least one year or a sentence of death was authorized and  is  authorized
    42  in this state irrespective of whether such sentence was imposed;
    43    (b)  Sentence  upon  each such prior conviction must have been imposed
    44  before commission of the present misdemeanor;
    45    (c) Suspended sentence, suspended execution of sentence,  sentence  of
    46  probation,  sentence  of parole supervision, and sentence of conditional
    47  discharge or  of  unconditional  discharge  shall  be  deemed  to  be  a
    48  sentence;
    49    (d)  Except  as  provided  in  paragraph (e) of this subdivision, each
    50  sentence must have been imposed not more than ten years  before  commis-
    51  sion of the present misdemeanor;
    52    (e)  In  calculating  the  ten year period under paragraph (d) of this
    53  subdivision, any period of time during which the defendant was incarcer-
    54  ated for any reason between the time of commission of any of the  previ-
    55  ous  convictions  and  the time of commission of the present misdemeanor
        S. 1330                             3

     1  shall be excluded and such ten year period shall be extended by a period
     2  or periods equal to the time served;
     3    (f) An offense for which the defendant has been pardoned on the ground
     4  of  innocence  shall  not  be  deemed  a  previous misdemeanor or felony
     5  conviction;
     6    (g) When multiple sentences for two or more convictions  were  imposed
     7  at the same time, all convictions shall be deemed to constitute only one
     8  conviction.
     9    4.  Nothing contained in this section shall be construed to preclude a
    10  prosecution or conviction for any other offense, a necessary element  of
    11  which is a previous conviction for an offense.
    12    Aggravated criminal conduct is a class E felony.
    13    § 6. This act shall take effect immediately.