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New York Legislature Activity Report for Week Ending March 1, 2009 - Penal Law

By David Badertscher, PLL

Source: New York Legislative Retrieval System (LRS), Search run March 1, 2009.

To retrieve the text of any of the New York bdills listed below, go to http://public.leginfo.state.ny.us/menuf.cgi and enter bill number exactly as indicated:

PENAL LAW:

Bill No.  A2510 Pretlow -- Provides where court imposes certain sentence for certain misdemeanors and felonies, the court may impose a sentence of probation or conditional discharge
No Same as
Last Act: 01/16/09 referred to codes
Last Action Date: 02/13/09(Results Count = ) Bill No.  A5537 O'Donnell (MS) -- Relates to when a person is guilty of loitering; repealer
No Same as
Last Act: 02/13/09 referred to codes
S2205 VOLKER -- Enacts the "child sexual abuse and exploitation prevention act"; repealer
No Same as
Last Act: 02/13/09 REFERRED TO CODES
S2212 DIAZ -- Increases promoting prostitution in the fourth degree from a class A misdemeanor to a class E felony
Same as A 264
Last Act: 02/13/09 REFERRED TO CODES
S2244 VOLKER -- Allows the second chance commission upon application to order upon termination of criminal action by conviction for certain offenses the sealing of all official records
No Same as
Last Act: 02/13/09 REFERRED TO CODES
Last Action Date: 02/17/09(Results Count = ) Bill No.  A5637 Conte (MS) -- Enacts the criminal street gang abatement act of 2009; appropriation
No Same as
Last Act: 02/17/09 referred to codes
Last Action Date: 02/18/09(Results Count = ) Bill No.  S2357 STACHOWSKI -- Creates and defines a new crime; strangulation
Same as A 5164
Last Act: 02/18/09 REFERRED TO CODES
Last Action Date: 02/20/09(Results Count = ) Bill No.  A5837 Pretlow -- Relates to sanctions and penalties for operating a motor vehicle while under the influence of alcohol; repealer
No Same as
Last Act: 02/20/09 referred to transportation
A5840 Pretlow (MS) -- Includes within class D felony of assault in the second degree the reckless assault of a child less than 7 years old resulting in serious physical injury
No Same as
Last Act: 02/20/09 referred to codes
A5841 Pretlow -- Includes traffic enforcement agents or city marshals within the category of persons protected while performing their lawful duties
No Same as
Last Act: 02/20/09 referred to codes
A5844 Weisenberg (MS) -- Enacts the "children's weapon accident prevention act"
No Same as
Last Act: 02/20/09 referred to codes
A5860 Espaillat -- Relates to the voluntary delivery and abandonment of a child
No Same as
Last Act: 02/20/09 referred to codes
A5862 Fitzpatrick (MS) -- Authorizes localities to convey distressed residential real property that has been foreclosed upon for non-payment of real estate taxes to a third party
No Same as
Last Act: 02/20/09 referred to real property taxation
A5866 McKevitt (MS) -- Increases fines and license revocation periods for repeat alcohol and drug related offenses
No Same as
Last Act: 02/20/09 referred to transportation
A5868 McKevitt (MS) -- Includes criminal trespass in third degree and unlawful imprisonment in second degree within family offenses over which family and criminal jurisdiction exists
No Same as
Last Act: 02/20/09 referred to judiciary
S2492 KLEIN -- Creates the crime of vehicular manslaughter in the third degree
Same as A 2035
Last Act: 02/20/09 REFERRED TO CODES
S2495 VOLKER -- Establishes defendants and inmates shall be entitled to receive a copy of their criminal records at certain times
Same as A 3769
Last Act: 02/20/09 REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
S2498 VOLKER -- Provides for mandatory testing of breath, blood or urine in the event of a motor vehicle collision resulting in death or injury
Same as A 3810
Last Act: 02/20/09 REFERRED TO TRANSPORTATION
Last Action Date: 02/23/09(Results Count = ) Bill No.  A4159 Clark (MS) -- Expands the scope of a study regarding the risks and dangers associated with female genital mutilation
No Same as
Last Act: 02/23/09 REFERRED TO HEALTH
A5884 Espaillat -- Makes manufacturers of guns liable to the state if their guns cause injury or death to a state employee acting within the course of his or her official duties
No Same as
Last Act: 02/23/09 referred to judiciary
A5885 Espaillat (MS) -- Creates tenants' cause of action for direct deposit of rents and use thereof to remedy residential drug dealing
No Same as
Last Act: 02/23/09 referred to housing
A5887 Espaillat (MS) -- Eliminates periods of limitation for class B felony sex offenses: first degree rape, criminal sexual act, aggravated sexual abuse, course of sexual conduct against a child in the first degree
No Same as
Last Act: 02/23/09 referred to codes
A5896 Miller (MS) -- Provides for distribution of the mandatory surcharge collected in DWI and related offenses to counties where a stop DWI program is operating
No Same as
Last Act: 02/23/09 referred to transportation
A5916 Towns -- Relates to creating identity theft in the fourth degree
Same as S 115
Last Act: 02/23/09 referred to codes
A5917 Towns (MS) -- Relates to arson in the first degree
Same as S 503
Last Act: 02/23/09 referred to codes
A5947 Espaillat (MS) -- Includes "alien status" (defined) in list of grounds determining commission of unlawful discriminatory practice and state civil rights violation; excepts credit
No Same as
Last Act: 02/23/09 referred to governmental operations
A5961 Schimminger (MS) -- Provides for seizure and forfeiture of property or money furnished in illegal exchange for a controlled substance
No Same as
Last Act: 02/23/09 referred to health
A5975 Titone (MS) -- Authorizes political subdivisions having jurisdiction over highways to permit smoke free school zone signs to be placed within the rights of way
Same as S 1815
Last Act: 02/23/09 referred to transportation
S138 SAMPSON -- Establishes the crime of criminal neglect of a vulnerable elderly person or a person with a disability
Same as A 2943
Last Act: 02/23/09 ADVANCED TO THIRD READING
S169 KRUGER -- Makes conviction of certain criminal offenses grounds for divorce
No Same as
Last Act: 02/23/09 ADVANCED TO THIRD READING
S958A JOHNSON C -- Provides that a person may not be discriminated against for being a domestic violence victim
No Same as
Last Act: 02/23/09 referred to governmental operations
S2503 DEFRANCISCO -- Relates to the payment of restitution or reparation in certain instances
Same as A 2942
Last Act: 02/23/09 REFERRED TO CODES
S2506 DEFRANCISCO -- Provides for a child victim fee imposed on conviction for certain crimes and forfeiture of instrumentalities of such crimes and uses moneys to supplement a fund
Same as A 3785
Last Act: 02/23/09 REFERRED TO CODES
S2524 LAVALLE -- Requires mandatory restitution and reparation by the court if an officer of a school district is convicted and the victim is such officer's school district
Same as A 3289
Last Act: 02/23/09 REFERRED TO CODES
S2527 LAVALLE -- Provides increased penalties and education for hazing, underage drinking and drug use within athletic teams, fraternities and sororities at college campuses
Same as A 4785
Last Act: 02/23/09 REFERRED TO HIGHER EDUCATION
S2540 LAVALLE -- Authorizes the chemical treatment of sex offenders
No Same as
Last Act: 02/23/09 REFERRED TO CODES
Last Action Date: 02/24/09(Results Count = ) Bill No.  A1527A Colton (MS) -- Creates the crime of luring or enticing a child on the internet
No Same as
Last Act: 02/24/09 amend and recommit to codes
02/24/09 print number 1527a
A4484 Espaillat -- Creates the crime of crimes against a delivery person when a specified offense is committed against a restaurant delivery person
Same as A 6289
Last Act: 02/24/09 enacting clause stricken
A4555 Brennan (MS) -- Creates a duty to reinspect and abate hazardous activities in violation of the New York city building code and zoning ordinance
Same as S 1664
Last Act: 02/24/09 reported referred to codes
A6016 Gottfried -- Includes leaping from buildings and structures over five stories in height in certain cities within the crime of reckless endangerment
No Same as
Last Act: 02/24/09 referred to codes
A6023 Hoyt -- Protects employees against retaliatory action by employers
No Same as
Last Act: 02/24/09 referred to labor
A6027 Hoyt -- Redefines assault in the second degree to include public health and building inspection officers within provisions applicable to assault 2nd degree
Same as S 1967
Last Act: 02/24/09 referred to codes
A6030 Koon (MS) -- Enacts provisions relating to the trafficking of weapons and for the firearm, rifle and shotgun ballistic identification bank
No Same as
Last Act: 02/24/09 referred to codes
A6033 Koon (MS) -- Creates new crime of manslaughter of a peace officer, police officer, auxiliary police officer, firefighter or emergency medical services provider as a class B felony
No Same as
Last Act: 02/24/09 referred to codes
A6038 Koon (MS) -- Provides for the endangering of the welfare of a child by committing an assault in the presence of such child
No Same as
Last Act: 02/24/09 referred to codes
A6040 Koon (MS) -- Establishes increased penalties for repeat offenses of assault or harassment in the second degree
No Same as
Last Act: 02/24/09 referred to codes
A6041 Koon (MS) -- Relates to recklessly causing the death of another person by means of a deadly weapon or dangerous instrument
No Same as
Last Act: 02/24/09 referred to codes
A6063 Lentol -- Relates to the peace officer powers of retired and active officers and members of the sanitation police of the department of sanitation of the city of New York
No Same as
Last Act: 02/24/09 referred to codes
A6065 Lentol -- Permits the sealing of records of certain nonviolent misdemeanor or nonsexual misdemeanor criminal offenses
Same as S 1708
Last Act: 02/24/09 referred to codes
A6069 Brodsky (MS) -- Increases the penalties for driving while ability impaired, driving while intoxicated, or driving while ability impaired by drugs: mandatory imprisonment
No Same as
Last Act: 02/24/09 referred to transportation
A6084 Errigo (MS) -- Requires mandatory jail time for repeat violators of orders of protection
Same as Uni. S 2580
Last Act: 02/24/09 referred to judiciary
S1610 VALESKY -- Relates to penalties for persons leaving the scene of a boating accident
Same as A 2262
Last Act: 02/24/09 REPORTED AND COMMITTED TO CODES
S2558 DEFRANCISCO -- Prohibits the throwing, tossing or expelling of saliva, spit or sputum at or on a public employee
Same as A 243
Last Act: 02/24/09 REFERRED TO CODES
S2559 DEFRANCISCO -- Increases the amount of restitution or reparation allowed to be required by the court in the case of a conviction for a felony
No Same as
Last Act: 02/24/09 REFERRED TO CODES
S2560 DEFRANCISCO -- Expands the definition of health care provider relating to sex offenses
No Same as
Last Act: 02/24/09 REFERRED TO CODES
S2561 DEFRANCISCO -- Creates crimes relating to solicitation of persons in criminal street gang activity and provides penalties
No Same as
Last Act: 02/24/09 REFERRED TO CODES
S2567 DIAZ -- Changes the designation of incest from a class E to a class B felony
Same as A 1324
Last Act: 02/24/09 REFERRED TO CODES
S2568 DUANE -- Extends the statute of limitations in criminal and civil actions for certain sex offenses committed against a child less than eighteen years of age
Same as A 2596
Last Act: 02/24/09 REFERRED TO CODES
S2576 MONSERRATE -- Penalizes by a minimum fine of $2500 persons who knowingly rent residential property in violation of state or local occupancy limits, zoning, or rules
Same as A 355
Last Act: 02/24/09 REFERRED TO JUDICIARY
S2580 ALESI -- Requires mandatory jail time for repeat violators of orders of protection
Same as Uni. A 6084
Last Act: 02/24/09 REFERRED TO CHILDREN AND FAMILIES
S2582 ADAMS -- Makes it illegal to sell component parts of a pistol or firearm to any person who does not possess a valid pistol permit
Same as A 5368
Last Act: 02/24/09 REFERRED TO CODES
S2588 GOLDEN -- Enacts "Nixzmary's Law" to establish the class A-I felony of aggravated murder of a child for which the sentence shall be life imprisonment without parole; repealer
No Same as
Last Act: 02/24/09 REFERRED TO CODES
Last Action Date: 02/25/09(Results Count = ) Bill No.  A2006 Weinstein -- Expands definition of "property of another", for purposes of criminal mischief, to include any property another person has an interest in
No Same as
Last Act: 02/25/09 REFERRED TO CODES
A6085 Aubry (MS) -- Relates to drug law reform, drug treatment and crime reduction; repealer
No Same as
Last Act: 02/25/09 reported referred to rules
A6087 Corwin (MS) -- Expands the definitions of assault in the 2nd and aggravated harassment in the 2nd to include offenses committed against school personnel
No Same as
Last Act: 02/25/09 referred to codes
A6092 Paulin (MS) -- Relates to preliminary procedures, petitions and special provisions regarding abandoned infants; repealer
No Same as
Last Act: 02/25/09 referred to judiciary
A6121 Hooper (MS) -- Increases the penalty for unlawfully dealing with a minor in the first degree to a class E felony
No Same as
Last Act: 02/25/09 referred to codes
A6133 Weinstein (MS) -- Authorizes temporary suspension of the parental rights of persons convicted of and incarcerated for sex offense or sexual performance by a child felonies, or incest
No Same as
Last Act: 02/25/09 referred to codes
S2176 DIAZ -- Relates to clarifying definitions of "illegal money transmission" and "money laundering"; and relates to penalties for unlicensed money transmitters
Same as A 258
Last Act: 02/25/09 REPORTED AND COMMITTED TO CODES
S2592 ADAMS -- Requires police officers who have discharged their weapon in the course of their employment to be tested for the presence of drugs and/or alcohol
Same as A 1477
Last Act: 02/25/09 REFERRED TO LABOR
S2593 ADAMS -- Prohibits reduction of felony charge where the victim of the felony was 70 years or older
No Same as
Last Act: 02/25/09 REFERRED TO CODES
S2608 FLANAGAN -- Provides for denial of recognizance or bail in certain cases
Same as A 3898
Last Act: 02/25/09 REFERRED TO CODES
S2617 GRIFFO -- Designates dog control officers of the city of Utica as peace officers for purposes of enforcing certain provisions of the agriculture and markets law
Same as A 524
Last Act: 02/25/09 REFERRED TO CODES
S2624 PADAVAN -- Makes piercing the body of a child under the age of eighteen years an unlawful body marking
No Same as
Last Act: 02/25/09 REFERRED TO CODES
S2626 PADAVAN -- Imposes mandatory minimum sentence of six months imprisonment upon persons convicted of theft offenses involving motor vehicles
No Same as
Last Act: 02/25/09 REFERRED TO CODES
S2628 PADAVAN -- Provides for the seizure and forfeiture of vehicles, vessels and aircraft used in counterfeit goods
Same as A 3329
Last Act: 02/25/09 REFERRED TO CODES
S2630 PADAVAN -- Includes gambling over the internet within provisions of law relating to gambling offenses
Same as A 3079
Last Act: 02/25/09 REFERRED TO CODES
S2632 PADAVAN -- Establishes crime of aggravated criminal conduct
Same as A 4388
Last Act: 02/25/09 REFERRED TO CODES
S2633 PADAVAN -- Expedites return of stolen motor vehicles
Same as A 2802
Last Act: 02/25/09 REFERRED TO CODES
S2643 SCHNEIDERMAN -- Relates to sentences of imprisonment for certain class C felonies
No Same as
Last Act: 02/25/09 REFERRED TO CODES
Last Action Date: 02/26/09(Results Count = ) Bill No.  A5352 Morelle (MS) -- Authorizes DCJS to create a publication relating to concealed firearms
No Same as
Last Act: 02/26/09 reference changed to codes
A6142 Dinowitz -- Establishes that a person is guilty of manslaughter in the first degree when he or she causes the death of a peace officer, police officer, firefighter or EMS paramedic
No Same as
Last Act: 02/26/09 referred to codes
A6157 Titone (MS) -- Relates to banning the possession, sale or manufacture of assault weapons; repealer
No Same as
Last Act: 02/26/09 referred to codes
A6160 Eddington -- Requires the district attorney to file information with the accusatory instrument when certain crimes are committed against a woman and it is not charged as a hate crime
No Same as
Last Act: 02/26/09 referred to codes
A6179 McKevitt (MS) -- Requires sentences for two or more crimes when one crime is arson to run consecutively
No Same as
Last Act: 02/26/09 referred to codes
A6180 McKevitt (MS) -- Relates to calculation of terms of imprisonment in certain instances
No Same as
Last Act: 02/26/09 referred to codes
A6182 Scarborough (MS) -- Establishes that the promotion of prostitution of a child less than eighteen years old by a parent or guardian a Class B felony
Same as S 1247
Last Act: 02/26/09 referred to codes
A6186 Schimminger (MS) -- Relates to the collection of DNA samples of designated offenders, the preservation of biological evidence and establishes the commission of exoneration review
No Same as
Last Act: 02/26/09 referred to codes
A6187 Schimminger (MS) -- Relates to licenses to carry, possess, repair and dispose of firearms
No Same as
Last Act: 02/26/09 referred to codes
A6199 Barra (MS) -- Authorizes the institution of civil forfeiture actions in connection with certain misdemeanors defined in the environmental conservation law covering dumping
No Same as
Last Act: 02/26/09 referred to codes
A6208 Barra (MS) -- Relates to the certification of persons not suitable to possess a firearm or self-defense spray device
No Same as
Last Act: 02/26/09 referred to mental health
A6211 Barra (MS) -- Waives the fee for a license to carry a firearm for a retired agent or representative of a law enforcement agency or bureau of the United States government
No Same as
Last Act: 02/26/09 referred to codes
A6223 Barra (MS) -- Increases the penalties for repeat offenses of public lewdness within a ten year period, raising the second to a class A misdemeanor and third to a class E felony
No Same as
Last Act: 02/26/09 referred to codes
A6225 Barra (MS) -- Provides for enhanced dispositional options in cases of domestic violence; mandatory fines and participation in an educational program
No Same as
Last Act: 02/26/09 referred to judiciary
A6231 Barra -- Provides for criminal liability of owners of a firearm, rifle or shotgun for offenses committed by persons under the age of eighteen years
No Same as
Last Act: 02/26/09 referred to codes
A6233 Barra (MS) -- Relates to the monetary penalties for the crime of aggravated harassment or for discrimination
No Same as
Last Act: 02/26/09 referred to governmental operations
A6235 Barra (MS) -- Penalizes by a fine of $2,500 up to $10,000 persons who knowingly rent residential property in violation of state or local occupancy limits, zoning, or rules
No Same as
Last Act: 02/26/09 referred to housing
A6240 Barra -- Increases from 5% to 15% the restitution collection agency designated surcharge
No Same as
Last Act: 02/26/09 referred to codes
A6244 Barra (MS) -- Establishes a domestic violence registry, similar to the registry for sex offenders, for violent acts against family members
No Same as
Last Act: 02/26/09 referred to correction
A6246 Barra -- Raises to less than 18 years, the age of minority for the dissemination of indecent materials
No Same as
Last Act: 02/26/09 referred to codes
S2646 ADAMS -- Provides for the registration of firearms by the owner thereof at the county clerks office of the county where the owner resides, except in New York City
No Same as
Last Act: 02/26/09 REFERRED TO CODES
S2647 ADAMS -- Enhances the penalty for persons who violate orders of protection after having been previously convicted of violating such orders
No Same as
Last Act: 02/26/09 REFERRED TO CODES
S2650 ADAMS -- Creates a class B felony for police or peace officers who misuse their authority in the course of committing a felony
No Same as
Last Act: 02/26/09 REFERRED TO CODES
S2659 VOLKER -- Relates to the unlawful sale of alcohol to an underage person
No Same as
Last Act: 02/26/09 REFERRED TO CODES
S2668 DUANE -- Provides for evidence that proves or tends to prove that a victim has been convicted of a prostitution offense shall not be admissible
Same as A 6293
Last Act: 02/26/09 REFERRED TO CODES
S2671 MORAHAN -- Prohibits parole for any inmates convicted of homicide unless five members of the parole board are present at the hearing
No Same as
Last Act: 02/26/09 REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
S2672 MORAHAN -- Requires a detailed written explanation for the release of an inmate from prison
No Same as
Last Act: 02/26/09 REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
S2675 MORAHAN -- Establishes the "All Felons DNA Database Act"
No Same as
Last Act: 02/26/09 REFERRED TO FINANCE
S2676 MORAHAN -- Establishes the crime of fraudulent accosting of a person seventy-five years of age or older
No Same as
Last Act: 02/26/09 REFERRED TO CODES
S2686 NOZZOLIO -- Relates to cemetery desecration in the first degree
No Same as
Last Act: 02/26/09 REFERRED TO CODES
S2691 SALAND -- Enacts provisions relating to the reporting of child abuse
No Same as
Last Act: 02/26/09 REFERRED TO CHILDREN AND FAMILIES
S2696 AUBERTINE -- Makes juvenile delinquents criminally responsible for acts constituting the crime of cemetery desecration in the first degree
Same as A 2888
Last Act: 02/26/09 REFERRED TO CHILDREN AND FAMILIES
S2698 AUBERTINE -- Designates civil enforcement officers employed by Jefferson county sheriff's office as peace officers
No Same as
Last Act: 02/26/09 REFERRED TO CODES
Last Action Date: 02/27/09(Results Count = ) Bill No.  A6252 Ortiz (MS) -- Requires manufacturers to use a coding system on all handgun and assault weapon ammunition
Same as Uni. S 2741
Last Act: 02/27/09 referred to codes
A6256 Bacalles (MS) -- Creates crime of vehicular assault in the third degree; crime is committed by injury to another person while unlawfully passing stopped school bus
No Same as
Last Act: 02/27/09 referred to codes
A6269 Barra -- Creates the specific crime of sports memorabilia fraud on the internet, where sports associated articles are falsely offered for sale
No Same as
Last Act: 02/27/09 referred to codes
A6270 Barra -- Establishes the crime of vehicular display of obscenity, a class A misdemeanor
No Same as
Last Act: 02/27/09 referred to codes
S2721 VOLKER -- Exempts manufacturers of firearm silencers from being charged under certain sections of the penal law in certain situations
Same as A 1069
Last Act: 02/27/09 REFERRED TO CODES
S2738 STAVISKY -- Awards annuity to recipients of purple heart medals
Same as A 4834
Last Act: 02/27/09 REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
S2741 ADAMS -- Requires manufacturers to use a coding system on all handgun and assault weapon ammunition
Same as Uni. A 6252
Last Act: 02/27/09 REFERRED TO CODES

 

Full post as published by New York Supreme Court Criminal Term Library on March 02, 2009 (boomark / email).