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S447Senate2015-2016 Session

Creates the crime of aggravated criminal conduct where an individual commits a misdemeanor and has been previously subjected to four or more qualifying misdemeanors

Sponsor Carl L. MarcellinoSD-5+1 co-sponsorAffects Legal
Status
In Assembly Committee
Codes
Impact
Pending
Passage
Pending

Bill progress

Step 5 of 7

In Assembly · Codes

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Sponsors

Primary sponsor
Carl L. Marcellino

Senator · Senate District 5

Chair, Infrastructure And Capital InvestmentChair, Investigations And Government Operations

1 Co-sponsor

History

  1. Referred to codes
  2. Delivered to assembly
  3. Passed senateVote 42–16
  4. Advanced to third reading
  5. 2nd report cal.
  6. 1st report cal.456
  7. Referred to codes
  8. Returned to senate
  9. Died in assembly
  10. Referred to codes
  11. Delivered to assembly
  12. Passed senateVote 45–16
Show 4 earlier actions
  1. Advanced to third reading
  2. 2nd report cal.
  3. 1st report cal.1292
  4. Referred to codes

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

Title of bill

An act to amend the penal law, in relation to creating the crime of aggravated criminal conduct where an individual commits a misdemeanor and has been previously subjected to four or more qualifying misdemeanor convictions within the preceding five years

Purpose

This legislation would create the crime of aggravated criminal conduct where an individual commits a misdemeanor and has been previously subjected to four or more qualifying misdemeanor convictions within the preceding five years.

Summary of provisions

Adds a new section 240.78 to the New York State Penal Law to create the crime of aggravated criminal conduct where an individual commits a misdemeanor and has been previously subjected to four or more qualifying misdemeanor convictions within the preceding five years.

Each conviction must have been a crime in New York State and be a class A misdemeanor. In calculating the five year period, any period of time during which the defendant was incarcerated for any reason between the time of commission of any of the previous convictions and the time of the present misdemeanor will be excluded for the five year period timeframe.

Aggravated criminal conduct is a class E felony.

Justification

The New York State Division of Criminal Justice Services reports that 8,824 individuals had been convicted of five or more misdemeanors within the three years that ended Dec. 31, 2010. Of those more than 8,000 criminals, 1,600 of them had 10 or more convictions in the same time frame, and a staggering 169 criminals had 20 or more convictions.

Something must be done to remove these perpetual repeat offenders off the streets of New York State and behind bars. This legislation would create the crime of aggravated criminal conduct where an individual commits a misdemeanor and has been previously subjected to four or more qualifying misdemeanor convictions within the preceding five years.

Legislative history

S.1521 of 2013/14.

Fiscal implications

None.

Effective date

This act shall take effect on the one hundred and eightieth day after it shall have become a law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.