A08445 Summary:

BILL NO    A08445 

SAME AS    No same as

SPONSOR    Tedisco (MS)

COSPNSR    Townsend, Scozzafava, Oaks

MLTSPNSR   Alfano, Bacalles, Barclay, Calhoun, Crouch, Errigo, Kolb, Miller J,
           O'Mara, Raia, Thiele

Add SS180.60 & 190.30, CP L; add S240.75, Pen L

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

A08445 Actions:

BILL NO    A08445 

05/20/2009 referred to codes
01/06/2010 referred to codes

A08445 Votes:

A08445 Memo:

BILL NUMBER:A8445

TITLE OF BILL:  An act to amend the criminal procedure law and the
penal law, in relation to enacting the "chronic criminal act"

PURPOSE OR GENERAL IDEA OF BILL: To strengthen the existing law by
creating the crime of aggravated criminal conduct, enabling courts to
impose felony sanctions on chronic misdemeanor offenders, thereby
enhancing public safety.

SUMMARY OF SPECIFIC PROVISIONS: Section 1 states the short title of
the bill.

Sections 2 amends section 180.60 of the Criminal Procedure Law to
include criminal history records among the types of records that are
admissible in hearings upon felony complaints.

Section 3 amends subdivision 190.32 (2-a) of the Criminal Procedure
Law to allow electronic transmissions of criminal history records in
evidence, in hearings upon felony complaints, and in grand jury
proceedings.

Section 4 amends subdivision 3-a of section 190.30 of the Criminal
Procedure Law to include criminal history records among the types of
records admissible in a grand jury proceeding.

Section 5 adds a new section 240.75 to the penal law, creating the new
crime of Aggravated Criminal Conduct, a Class E felony. A person would
commit the crime of Aggravated Criminal Conduct when he or she: (1)
commits an A misdemeanor defined in the Penal Law; and (2) has
previously been convicted of three or more qualifying misdemeanor or
felony crimes in the preceding ten years.

For the purposes of this section, a qualifying misdemeanor or felony
conviction is one: (1)that is a conviction of a felony crime or a
Class A misdemeanor defined in the Penal Law, or of a crime in another
jurisdiction for which a sentence of at least one year was authorized
if committed in New York State; (2)for which sentence has already been
imposed at the time of the commission of the present misdemeanor
offense ( a suspended sentence, suspended execution of sentence,
sentence of probation, sentence of parole supervision, or a sentence
of condition or unconditional discharge is deemed to be a sentence);
(3) where the sentence was imposed not more than ten years before the
commission of the present offense, except that periods of confinement
toll the ten year limitation; (4) where the defendant has not been
granted a pardon on the ground of innocence; and that is not a felony
or Class A misdemeanor for which the defendant received a concurrent
sentence for another qualifying misdemeanor or felony.

JUSTIFICATION:  Under current law, offenders who are convicted of
second or subsequent felony offenses receive enhanced penalties at
sentencing; offenders who are convicted of second, third or more
misdemeanors, do not. Despite the overall reduction in crime in New
York State in recent years, repeat misdemeanants continue to plague
our streets and our communities, often receiving little or no
punishment for the offenses they continue to commit. A significant
majority of of those convicted of misdemeanors each year has at least


one prior conviction, and disturbingly, a significant percentage has
more than ten prior convictions.

Kareem Hayes admitted to stabbing and murdering Hillary Downey and her
one-year old son in her Schenectady, New York apartment in January
2006.  A habitual offender, Hayes had a lengthy record, including
numerous misdemeanor convictions, at the time of the murders,
including a misdemeanor conviction from January 2005. Had this bill
been law in January 2005, Hayes could have been serving a prison
sentence in January 2006 and this terrible crime could have been
avoided.

This legislation creates the new Class E felony offense of Aggravated
Criminal Conduct and appropriately punishes those who repeatedly
commit misdemeanor offenses. Under this bill, an offender who commits
his fourth misdemeanor or felony offense, after having been previously
convicted of three or more misdemeanors or felonies within the
previous ten years, will be punished as a Class E felon and face up to
four years in state prison.

To ensure proper handling of these cases involving repeat misdemeanor
offenders, the bill provides that criminal history records, when
certified by the Commissioner of the Division of Criminal Justice
Services or his designee, shall be admissible in felony hearings and
grand jury proceedings.

The current system has allowed persistent misdemeanor offenders to
continue to commit crimes with little reason to fear serious
sentencing consequences. Our citizens should not be subject to the
many quality of life crimes committed by these repeat offenders. Like
repeat felons, repeat misdemeanor offenders must face enhanced
penalties if our efforts to deter crime is to be successful.

PRIOR LEGISLATIVE HISTORY:

2008: A.5774 Held for consideration in codes
2007: Referred to Codes
2006: A.9876 Held for consideration in Codes

FISCAL IMPLICATIONS: Undetermined.

EFFECTIVE DATE:  This act shall take effect immediately.