A11227 Summary:

BILL NOA11227
 
SAME ASSAME AS S07823
 
SPONSORKavanagh
 
COSPNSR
 
MLTSPNSR
 
Rpld S240.35 subs 1, 3 & 7, S265.00 sub 17 (b), amd S265.00, Pen L; amd S102, ABC L; amd S160.10, CP L; amd S130, Exec L; amd S74, Gen Bus L
 
Relates to the offense of loitering, and makes conforming technical amendments in the penal law, the alcoholic beverage control law, the criminal procedure law, the executive law and the general business law.
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A11227 Actions:

BILL NOA11227
 
05/25/2010referred to codes
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A11227 Floor Votes:

There are no votes for this bill in this legislative session.
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A11227 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          11227
 
                   IN ASSEMBLY
 
                                      May 25, 2010
                                       ___________
 
        Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
          tee on Codes
 
        AN  ACT  to amend the penal law, the alcoholic beverage control law, the
          criminal procedure law, the executive law  and  the  general  business
          law,  in relation to making conforming technical amendments; to repeal
          subdivisions 1, 3 and 7 of section 240.35 of the penal  law,  relating

          to  the  offense of loitering; and to repeal certain provisions of the
          penal law relating thereto
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Subdivisions 1, 3 and 7 of section 240.35 of the penal law
     2  are REPEALED.
     3    § 2. Paragraph (b) of subdivision 17 of section 265.00  of  the  penal
     4  law,  as  amended  by  section 11 of chapter 635 of the laws of 1999, is
     5  amended to read as follows:
     6    (b) any of the following offenses defined in the penal law:  illegally
     7  using,  carrying  or  possessing  a  pistol  or  other dangerous weapon;
     8  possession of burglar's tools; criminal possession of stolen property in
     9  the third degree; escape  in  the  third  degree;  jostling;  fraudulent
    10  accosting;  [that  kind  of  loitering  defined  in subdivision three of

    11  section 240.35;] endangering  the  welfare  of  a  child;  the  offenses
    12  defined in article two hundred thirty-five; issuing abortional articles;
    13  permitting  prostitution;  promoting  prostitution  in the third degree;
    14  stalking in the  fourth  degree;  stalking  in  the  third  degree;  the
    15  offenses  defined in article one hundred thirty; the offenses defined in
    16  article two hundred twenty.
    17    § 3. Paragraph (b) of subdivision 17 of section 265.00  of  the  penal
    18  law,  as  amended  by  section 15 of chapter 635 of the laws of 1999, is
    19  REPEALED.
    20    § 4. Paragraph (g) of subdivision 2 of section 102  of  the  alcoholic
    21  beverage  control law, as amended by chapter 340 of the laws of 1972, is
    22  amended to read as follows:
    23    (g) Violating subdivisions six, eight, ten or eleven of section  seven

    24  hundred  twenty-two of the former penal law as in force and effect imme-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD17347-01-0

        A. 11227                            2
 
     1  diately prior to  September  first,  nineteen  hundred  sixty-seven,  or
     2  violating  sections 165.25[,] or 165.30 [or subdivision three of section
     3  240.35] of the penal law;
     4    §  5. Paragraph (d) of subdivision 1 of section 160.10 of the criminal
     5  procedure law, as amended by chapter 344 of the laws of 1976, is amended
     6  to read as follows:
     7    [(d)  Loitering, as defined in subdivision three of section 240.35  of

     8  the penal law; or]
     9    §  6.  Subdivision (g) of section 130 of the executive law, as amended
    10  by chapter 680 of the laws of 1967, is amended to read as follows:
    11    (g) violating sections two hundred seventy, two hundred seventy-a, two
    12  hundred seventy-b, two hundred seventy-c, two hundred  seventy-one,  two
    13  hundred  seventy-five, two hundred seventy-six, five hundred fifty, five
    14  hundred fifty-one, five hundred fifty-one-a and subdivisions six, eight,
    15  ten or eleven of section seven hundred twenty-two of  the  former  penal
    16  law  as  in force and effect immediately prior to September first, nine-
    17  teen hundred sixty-seven, or violating sections 165.25[,]  or  165.30[,]
    18  or  subdivision  one  of  section  240.30[, subdivision three of section

    19  240.35] of the penal law, or violating sections  four  hundred  seventy-
    20  eight,  four  hundred  seventy-nine,  four  hundred eighty, four hundred
    21  eighty-one, four hundred eighty-four, four hundred eighty-nine and  four
    22  hundred ninety-one of the judiciary law; or
    23    § 7. Paragraph (g) of subdivision 2 of section 74 of the general busi-
    24  ness  law,  as amended by chapter 680 of the laws of 1967, is amended to
    25  read as follows:
    26    (g) violating subdivisions six or  eight,  of  section  seven  hundred
    27  twenty-two  of  the  former penal law as in force and effect immediately
    28  prior to September first, nineteen  hundred  sixty-seven,  or  violating
    29  sections 165.25[,] or 165.30 [or subdivision three of section 240.35] of
    30  the penal law;
    31    § 8. This act shall take effect immediately.
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