STATE OF NEW YORK ________________________________________________________________________ 4148 2017-2018 Regular Sessions IN SENATE February 3, 2017 ___________ Introduced by Sen. TEDISCO -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the criminal procedure law and the penal law, in relation to enacting the "chronic criminal act" The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "chronic criminal act". 3 § 2. Subdivision 8 of section 180.60 of the criminal procedure law, as 4 amended by chapter 307 of the laws of 1975, is amended to read as 5 follows: 6 8. Upon such a hearing, only non-hearsay evidence is admissible to 7 demonstrate reasonable cause to believe that the defendant committed a 8 felony; except that reports of experts and technicians in professional 9 and scientific fields and sworn statements, forms or records of the 10 kinds specified in subdivisions two [~~and~~], three and three-a of section 11 190.30 of this part are admissible to the same extent as in a grand jury 12 proceeding, unless the court determines, upon application of the defend- 13 ant, that such hearsay evidence is, under the particular circumstances 14 of the case, not sufficiently reliable, in which case the court shall 15 require that the witness testify in person and be subject to cross-exa- 16 mination. 17 § 3. Subdivision 2-a of section 190.30 of the criminal procedure law, 18 as amended by chapter 453 of the laws of 1999, is amended to read as 19 follows: 20 2-a. When the electronic transmission of a certified report, form or 21 record, or certified copy thereof, of the kind described in subdivision 22 two or three-a of this section or a sworn statement or copy thereof, of 23 the kind described in subdivision three of this section results in a 24 written document, such written document may be received in such grand 25 jury proceeding provided that: (a) a transmittal memorandum completed by EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06390-01-7

S. 4148 2 1 the person sending the report, form or record contains a certification 2 that the report, form or record has not been altered and a description 3 of the report, form or record specifying the number of pages; and (b) 4 the person who receives the electronically transmitted document certi- 5 fies that such document and transmittal memorandum were so received; and 6 (c) a certified report, form or record or a certified copy or sworn 7 statement or sworn copy thereof is filed with the court within twenty 8 days following arraignment upon the indictment; and (d) where such writ- 9 ten document is a sworn statement or sworn copy thereof of the kind 10 described in subdivision three of this section, such sworn statement or 11 sworn copy thereof is also provided to the defendant or his counsel 12 within twenty days following arraignment upon the indictment. 13 § 4. Subdivision 3-a of section 190.30 of the criminal procedure law, 14 as added by chapter 453 of the laws of 1999, is amended to read as 15 follows: 16 3-a. A sex offender registration form, sex offender registration 17 continuation/supplemental form, sex offender registry address verifica- 18 tion form, sex offender change of address form, criminal history record, 19 or a copy of such form or record, maintained by the division of criminal 20 justice services concerning an individual who is the subject of a grand 21 jury proceeding, may, when certified by a person designated by the 22 commissioner of the division of criminal justice services as the person 23 to certify such forms or records, as a true copy thereof, be received in 24 such grand jury proceeding as evidence of the facts stated therein. 25 § 5. The penal law is amended by adding a new section 240.80 to read 26 as follows: 27 § 240.80 Aggravated criminal conduct. 28 1. A person is guilty of aggravated criminal conduct when such person 29 commits a class A misdemeanor defined in this chapter after having been 30 previously subjected to three or more qualifying misdemeanor or felony 31 convictions within the preceding ten years. 32 2. The provisions of section 200.60 of the criminal procedure law 33 shall apply to any prosecution under this section. 34 3. For the purposes of this section, in determining whether a person 35 has been previously subjected to three or more qualifying misdemeanor or 36 felony convictions within the preceding ten years, the following crite- 37 ria shall apply: 38 (a) Each conviction must have been in this state of a class A misde- 39 meanor defined in this chapter or of a felony, or of a crime in any 40 other jurisdiction for which a sentence to a term of imprisonment of at 41 least one year or a sentence of death was authorized and is authorized 42 in this state irrespective of whether such sentence was imposed; 43 (b) Sentence upon each such prior conviction must have been imposed 44 before commission of the present misdemeanor; 45 (c) Suspended sentence, suspended execution of sentence, sentence of 46 probation, sentence of parole supervision, and sentence of conditional 47 discharge or of unconditional discharge shall be deemed to be a 48 sentence; 49 (d) Except as provided in paragraph (e) of this subdivision, each 50 sentence must have been imposed not more than ten years before commis- 51 sion of the present misdemeanor; 52 (e) In calculating the ten year period under paragraph (d) of this 53 subdivision, any period of time during which the defendant was incarcer- 54 ated for any reason between the time of commission of any of the previ- 55 ous convictions and the time of commission of the present misdemeanor

S. 4148 3 1 shall be excluded and such ten year period shall be extended by a period 2 or periods equal to the time served; 3 (f) An offense for which the defendant has been pardoned on the ground 4 of innocence shall not be deemed a previous misdemeanor or felony 5 conviction; 6 (g) When multiple sentences for two or more convictions were imposed 7 at the same time, all convictions shall be deemed to constitute only one 8 conviction. 9 4. Nothing contained in this section shall be construed to preclude a 10 prosecution or conviction for any other offense, a necessary element of 11 which is a previous conviction for an offense. 12 Aggravated criminal conduct is a class E felony. 13 § 6. This act shall take effect immediately.

Enacts the "chronic criminal act"

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