Establishes crime of aggravated criminal conduct to provide more severe penalties for persons who have committed 3 or more qualifying misdemeanors or felonies within ten years of the present class A misdemeanor offense.
STATE OF NEW YORK
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4388
2009-2010 Regular Sessions
IN ASSEMBLY
February 3, 2009
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Introduced by M. of A. PRETLOW -- Multi-Sponsored by -- M. of A. LUPARDO
-- read once and referred to the Committee on Codes
AN ACT to amend the criminal procedure law and 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. Subdivision 8 of section 180.60 of the criminal procedure
2 law, as amended by chapter 307 of the laws of 1975, is amended to read
3 as follows:
4 8. Upon such a hearing, only non-hearsay evidence is admissible to
5 demonstrate reasonable cause to believe that the defendant committed a
6 felony; except that reports of experts and technicians in professional
7 and scientific fields and sworn statements, forms or records of the
8 kinds specified in subdivisions two [and], three and three-a of section
9 190.30 are admissible to the same extent as in a grand jury proceeding,
10 unless the court determines, upon application of the defendant, that
11 such hearsay evidence is, under the particular circumstances of the
12 case, not sufficiently reliable, in which case the court shall require
13 that the witness testify in person and be subject to cross-examination.
14 § 2. Subdivision 2-a of section 190.30 of the criminal procedure law,
15 as amended by chapter 453 of the laws of 1999, is amended to read as
16 follows:
17 2-a. When the electronic transmission of a certified report, form or
18 record, or certified copy thereof, of the kind described in subdivision
19 two or three-a of this section or a sworn statement or copy thereof, of
20 the kind described in subdivision three of this section results in a
21 written document, such written document may be received in such grand
22 jury proceeding provided that: (a) a transmittal memorandum completed by
23 the person sending the report, form or record contains a certification
24 that the report, form or record has not been altered and a description
25 of the report, form or record specifying the number of pages; and (b)
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07972-01-9
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1 the person who receives the electronically transmitted document certi-
2 fies that such document and transmittal memorandum were so received; and
3 (c) a certified report, form or record or a certified copy or sworn
4 statement or sworn copy thereof is filed with the court within twenty
5 days following arraignment upon the indictment; and (d) where such writ-
6 ten document is a sworn statement or sworn copy thereof of the kind
7 described in subdivision three of this section, such sworn statement or
8 sworn copy thereof is also provided to the defendant or his counsel
9 within twenty days following arraignment upon the indictment.
10 § 3. Subdivision 3-a of section 190.30 of the criminal procedure law,
11 as added by chapter 453 of the laws of 1999, is amended to read as
12 follows:
13 3-a. A sex offender registration form, sex offender registration
14 continuation/supplemental form, sex offender registry address verifica-
15 tion form, sex offender change of address form, criminal history record,
16 or a copy of such form or record, maintained by the division of criminal
17 justice services concerning an individual who is the subject of a grand
18 jury proceeding, may, when certified by a person designated by the
19 commissioner of the division of criminal justice services as the person
20 to certify such forms or records, as a true copy thereof, be received in
21 such grand jury proceeding as evidence of the facts stated therein.
22 § 4. The penal law is amended by adding a new section 240.75 to read
23 as follows:
24 § 240.75 Aggravated criminal conduct.
25 1. A person is guilty of aggravated criminal conduct when such person
26 commits a class A misdemeanor defined in this chapter after having been
27 previously subjected to three or more qualifying misdemeanor or felony
28 convictions within the preceding ten years.
29 2. The provisions of section 200.60 of the criminal procedure law
30 shall apply to any prosecution under this section.
31 3. For the purposes of this section, in determining whether a person
32 has been previously subjected to three or more qualifying misdemeanor or
33 felony convictions within the preceding ten years, the following crite-
34 ria shall apply:
35 (a) Each conviction must have been in this state of a class A misde-
36 meanor defined in this chapter or of a felony, or of a crime in any
37 other jurisdiction for which a sentence to a term of imprisonment of at
38 least one year or a sentence of death was authorized and is authorized
39 in this state irrespective of whether such sentence was imposed;
40 (b) Sentence upon each such prior conviction must have been imposed
41 before commission of the present misdemeanor;
42 (c) Suspended sentence, suspended execution of sentence, sentence of
43 probation, sentence of parole supervision, and sentence of conditional
44 discharge or of unconditional discharge shall be deemed to be a
45 sentence;
46 (d) Except as provided in paragraph (e) of this subdivision, each
47 sentence must have been imposed not more than ten years before commis-
48 sion of the present misdemeanor;
49 (e) In calculating the ten year period under paragraph (d) of this
50 subdivision, any period of time during which the defendant was incarcer-
51 ated for any reason between the time of commission of any of the previ-
52 ous convictions and the time of commission of the present misdemeanor
53 shall be excluded and such ten year period shall be extended by a period
54 or periods equal to the time served;
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1 (f) An offense for which the defendant has been pardoned on the ground
2 of innocence shall not be deemed a previous misdemeanor or felony
3 conviction;
4 (g) When multiple sentences for two or more convictions were imposed
5 at the same time, all convictions shall be deemed to constitute only one
6 conviction.
7 4. Nothing contained in this section shall be construed to preclude a
8 prosecution or conviction for any other offense, a necessary element of
9 which is a previous conviction for an offense.
10 Aggravated criminal conduct is a class E felony.
11 § 5. This act shall take effect immediately.
