Establishes crime of aggravated criminal conduct

Section 2 would amend section 190.32(2-a) of the Criminal Procedure Law to provide that electronic transmissions of criminal history records are admissible in hearings upon felony complaints and grand jury proceedings under certain conditions.

Section 4 would amend the Penal Law by adding a new section 240.75, which would create the new crime of Aggravated Criminal Conduct, an 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 been previously subjected to three or more qualifying misdemeanor or felony convictions within the preceding ten years.

For purposes of determining whether a person has been previously subjected to three or more qualifying misdemeanor or felony convictions within the preceding ten years, the following conditions would apply: (1) each conviction must have been for a felony, a class A misdemeanor defined in the Penal Law, or a crime in another jurisdiction for which a sentence of at least one year was and is authorized in New York; (2) sentence must have been imposed on each of the prior convictions before commission of the present misdemeanor offense; (3) a suspended sentence, suspended execution of sentence, sentence of probation, sentence of parole supervision, and sentence of conditional or unconditional discharge are deemed to be a sentence; (4) each sentence must have been imposed not more than ten years before the commission of the present offense except that periods of time spent in confinement toll the ten year limitation; (5) an offense for which a defendant has been pardoned on the ground of innocence is not deemed to be a previous conviction; and (6) prior convictions for which concurrent sentences were imposed are deemed to be only one conviction.

Section 5 provides that the act shall take effect immediately.

Existing law

Under current law, although offenders who commit multiple felonies reasonably receive enhanced penalties for their repeated felony conduct, offenders who commit multiple misdemeanors generally do not.

Justification

Public safety is better protected and promoted by requiring persistent offenders to serve enhanced sentences. While there have been historic decreases in crime across New York State since 1995, repeat misdemeanants continue to plague our streets and communities, often receiving little or no punishment for the offenses they commit. While current law adequately recognizes the harm caused by repeat felony offenders by mandating enhanced penalties, it does not adequately address the problem of misdemeanor recidivism.

A significant majority of those convicted of misdemeanors every year have at least one prior conviction and disturbingly large minority had more than ten prior convictions. Although some of these offenders have criminal histories dating back to the 1970s, few have received meaningful sanctions. Regrettably, current law has afforded these offenders a license to commit misdemeanor offenses virtually without penalty. For many of these offenders, crime is a way of life. Their rap sheets are their resumes and although their crimes are not traditional felony crimes, the constant and repetitive nature of their offenses can be equally damaging to society.

Law-abiding citizens should not be forced to endure the crimes of chronic misdemeanor offenders. The bill, therefore, creates the new felony offense of aggravated criminal conduct and punishes appropriately those who repeatedly commit misdemeanor offenses. Under the bill, an offender who commits his or her fourth misdemeanor (or felony) after having been previously convicted of three or more misdemeanors (or felonies) within the previous ten years will be punished as an E felon and will face up to four years in state prison.

Recognizing the challenges prosecutors may face ensuring that repeat misdemeanor cases are handled properly, the bill also provides that criminal history records, when certified by a person designated by the Commissioner of the Division of Criminal Justice Services as the person to certify such records, including electronic transmissions of such records, are admissible in felony hearings and grand jury proceedings.

It is clear that the current system that has allowed persistent misdemeanor offenders to commit their crimes with minimal or meaningless sanctions is intolerable. Like repeat felons, repeat misdemeanor offenders must face enhanced penalties commensurate with their conduct.

Legislative history

S.1600/A.7759 of 2007-08, passed Senate; S.3229 of 2005-06, Passed Senate 2005, 2006.

Fiscal implications

It is not anticipated that this legislation will have any significant fiscal impact.

Effective date

Immediately.