Establishes crime of aggravated criminal conduct

Summary of provisions

Section one amends Criminal Procedure Law section 180.60(8) to allow sex offender registration forms and criminal history record concerning the defendant that have been certified by the Commissioner of the Division of Criminal Justice Services as true copies to be included in the list of non-hearsay evidence that is admissible at a hearing upon a felony complaint to demonstrate reasonable cause to believe that the defendant committed a felony.

Section two amends Criminal Procedure Law section 190.30(2-a) to include forms and records in the list of documentary evidence that may be elec- tronically transmitted for potential use in a grand just proceeding.

Section three amends Criminal Procedure Law section 190.30(3-a) to include the defendant's criminal history record and to make technical amendments for consistency.

Section four amends the Penal Law by adding new section 240.76 estab- lishing the crime of aggravated criminal conduct. A person is guilty of aggravated criminal conduct when he or she commits a class "A" misdemea- nor after having been previously subjected to at least three qualifying misdemeanor or felony convictions within the preceding ten years. The crime of aggravated criminal conduct is a class "E" felony.

When determining whether a defendant has at least three qualifying misdemeanor or felony convictions within the preceding ten years, the following rules shall apply:

(1) The conviction must be for any felony, a class "A" misdemeanor, or a crime in another jurisdiction for which the mandatory sentence is at least one year of imprisonment or death; (2) The sentences for the prior convictions must have been imposed before the commission of the present misdemeanor; (3) Any suspended sentence, sentence of probation, sentence of parole supervision, conditional discharge or unconditional discharge shall be deemed to be a sentence; (4) Each sentence must not have been imposed more than ten years before the commission of the present misde- meanor. When computing the ten year period, any period of time during which the defendant was incarcerated for any reason shall extend the ten year period. The extension of time shall equal the time during which the

defendant was incarcerated; (5) Any offense for which the defendant has been pardoned shall not be deemed to be a previous qualifying misdemea- nor or felony conviction; and (6) When multiple sentences are imposed at the same time for multiple convictions, the multiple convictions shall be deemed to constitute one conviction.

Finally, nothing in section 240.76 shall be construed to prosecution or conviction for any other offense, a necessary element of which is a previous conviction for an offense.

Section five provides that this act shall take effect immediately.

Existing law

Under current law, offenders who commit multiple felonies reasonably receive enhanced penalties for their repeated felony conduct, offenders who commit multiple misdemeanors, on the other hand, 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 misdemeanors 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 meaning- ful 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 chron- ic 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 misde- meanor offenders to commit their crimes with minimal or meaningless sanctions is intolerable. Like repeat felons, repeat misdemeanor offen- ders must face enhanced penalties commensurate with their conduct.

Legislative history

2012: S.643-A - Referred to Codes 2011: S.643 - Passed Senate 2009-10: S.2105- Referred to Codes both years 2007-8: S.2050 -Referred to Codes both years 2005-6: S.2884 -Referred to Codes both years 2004: S.2050 - Referred to Codes 2003: S.2050 - Passed Senate 2001-2: S.2616 - Referred to Codes both years 2000: S.2943 - 3rd Reading 1999: S.2943 - Passed Senate 1997-8: S.252 - Referred to Codes both years 1996-7: S.4893 - referred to Codes both years

Fiscal implications

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

Effective date

This act shall take effect immediately.