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New York Legislature: Activity Report for Week Ending March 1, 2009 - Criminal Procedure Law

By David Badertscher, PLL

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

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

Bill No.  A5537 O'Donnell (MS) -- Relates to when a person is guilty of loitering; repealer
No Same as
BLURB : Pen L. loitering
Last Act: 02/13/09 referred to codes
S2205 VOLKER -- Enacts the "child sexual abuse and exploitation prevention act"; repealer
No Same as
BLURB : CP L. chld sxl abse & expltn pvtn
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
BLURB : CP L. secnd chance program
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
BLURB : Pen L. street gang abatement act
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
BLURB : Pen L. strangulation
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
BLURB : V & T L. inc pen & sanct drunk dr
Last Act: 02/20/09 referred to transportation
A5842 Pretlow (MS) -- Sets forth additional conditions which may be available in an order of protection
No Same as
BLURB : CP L. ord. of protect
Last Act: 02/20/09 referred to codes
A5855 Brodsky -- Relates to the overall operation of non-profit entities in the state of New York
No Same as
BLURB : N-PC L. non-profit reorganization
Last Act: 02/20/09 referred to corporations, authorities and commissions
S2495 VOLKER -- Establishes defendants and inmates shall be entitled to receive a copy of their criminal records at certain times
Same as A 3769
BLURB : Cor. inmates copy of crmnl rcrds
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
BLURB : V & T L. mandatory testing
Last Act: 02/20/09 REFERRED TO TRANSPORTATION
Last Action Date: 02/23/09(Results Count = ) Bill No.  A2705 Gantt (MS) -- Permits certain persons to commence an action for unjust conviction in the court of claims
No Same as
BLURB : Bring action - unjust conviction
Last Act: 02/23/09 REFERRED TO JUDICIARY
A3325 Pretlow (MS) -- Relates to the jurisdiction of a coroner or medical examiner
No Same as
BLURB : County. coroner/M.E. juris
Last Act: 02/23/09 REFERRED TO LOCAL GOVERNMENT
A4393 Weinstein -- Makes a technical correction to chapter 326 of the laws of 2008, for the expiration of family courts to hear certain ex parte applications for orders of protection
Same as S 2353
BLURB : Ord. of protect: family court
Last Act: 02/23/09 REFERRED TO JUDICIARY
A5883 Espaillat (MS) -- Requires court to advise aliens of deportation consequences of guilty plea; allows guilty plea withdrawal
No Same as
BLURB : CP L. aliens, plea of guilty
Last Act: 02/23/09 referred to codes
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
BLURB : CP L. no time lim B fel sex offns
Last Act: 02/23/09 referred to codes
A5899 O'Donnell -- Provides an election by a defendant in criminal matters to have the case appear before a judge or justice admitted to practice law in the state
No Same as
BLURB : UJCA. jdg prct nys
Last Act: 02/23/09 referred to judiciary
A5902 Rivera P (MS) -- Provides that directors of in-patient facilities and hospitals shall designate safety officers to act as special policeman
Same as S 2673
BLURB : Men Hyg. safety officers
Last Act: 02/23/09 referred to mental health
S1647 SCHNEIDERMAN -- Requires the judge in a criminal proceeding or in a family court proceeding, upon issuance of an order of protection to inquire as to the possession of a firearm by
Same as A 4320
BLURB : CP L. order protec; firearms
Last Act: 02/23/09 ADVANCED TO THIRD READING
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
BLURB : Pen L. child victim fee
Last Act: 02/23/09 REFERRED TO CODES
S2507 DEFRANCISCO -- Establishes if a victim is less than 18 years of age certain persons shall be allowed to make a statement at the time of sentence of a criminal defendant
No Same as
BLURB : CP L. victim's statemnt for minrs
Last Act: 02/23/09 REFERRED TO CODES
S2509 DEFRANCISCO -- Establishes a class D felony for sex offenders who fail to register or verify and is found at locations where children often frequent
Same as A 3784
BLURB : Cor. sx ofnd regstr verif
Last Act: 02/23/09 REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
Last Action Date: 02/24/09(Results Count = ) Bill No.  A3168 Bradley (MS) -- Requires that individuals convicted of certain animal cruelty and animal fighting offenses reimburse the organizations caring for such animals
No Same as
BLURB : Ag & Mkts. anmal cruelty restitut
Last Act: 02/24/09 reported referred to codes
A3765 Englebright (MS) -- Authorizes district attorney to petition for posting of security when animal is impounded as result of abuse
No Same as
BLURB : Ag & Mkts. security: seizure
Last Act: 02/24/09 reported referred to codes
A6003 Thiele -- Prohibits certain persons convicted under article six-C of the correction law from serving as a trustee, principal, officer, or member of a board of education of any public school
Same as Uni. S 2571
BLURB : Cor. no sex offender on bd of edn
Last Act: 02/24/09 referred to correction
A6005 Abbate -- Relates to performance of duty disability retirement of certain peace officers and police officers in the state department of taxation and finance
Same as S 850
BLURB : R & SS. peace offrs; dept tax/fin
Last Act: 02/24/09 referred to governmental employees
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
BLURB : Pen L. endanger'g assault in pres
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
BLURB : CP L. NYC sanitatn pol; peace off
Last Act: 02/24/09 referred to codes
A6064 Lentol -- Reclassifies uniformed court officers as police officers
No Same as
BLURB : CP L. uniformed court officers
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
BLURB : CP L. sealing of records
Last Act: 02/24/09 referred to codes
A6067 Robinson (MS) -- Grants courts discretion to provide juries with written instructions for use during deliberations in both civil and criminal proceedings
Same as S 2063
BLURB : CPLR. written jury instructions
Last Act: 02/24/09 referred to codes
A6082 Rivera P (MS) -- Authorizes disclosure of DNA information in the state DNA identification index to any public agency in connection with a criminal investigation
No Same as
BLURB : Exec. DNA index: disclose invstgn
Last Act: 02/24/09 referred to governmental operations
A6084 Errigo (MS) -- Requires mandatory jail time for repeat violators of orders of protection
Same as Uni. S 2580
BLURB : Dom Rel. jail for o.of p. viols
Last Act: 02/24/09 referred to judiciary
S2556 ADDABBO -- Grants police officer status for members of the Triborough bridge and tunnel authority; repealer
Same as A 2441
BLURB : CP L. police officer status
Last Act: 02/24/09 REFERRED TO CODES
S2557 ADDABBO -- Relates to benefits payable to, or on behalf of, certain employees of the division of parole injured or killed in the performance of duty
Same as A 2825
BLURB : R & SS. benefits div parole
Last Act: 02/24/09 REFERRED TO CIVIL SERVICE & PENSIONS
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
BLURB : CP L. crtn sex crimes st of lmtns
Last Act: 02/24/09 REFERRED TO CODES
S2571 LAVALLE -- Prohibits certain persons convicted under article six-C of the correction law from serving as a trustee, principal, officer, or member of a board of education of any public school
Same as Uni. A 6003
BLURB : Cor. no sex offender on bd of edn
Last Act: 02/24/09 REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
S2580 ALESI -- Requires mandatory jail time for repeat violators of orders of protection
Same as Uni. A 6084
BLURB : Dom Rel. jail for o.of p. viols
Last Act: 02/24/09 REFERRED TO CHILDREN AND FAMILIES
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
BLURB : Pen L. Nixzmary's Law
Last Act: 02/24/09 REFERRED TO CODES
Last Action Date: 02/25/09(Results Count = ) Bill No.  A2266 Wright (MS) -- Enacts the "voting rights notification and registration act"
Same as S 1266
BLURB : Elect. voting rights notification
Last Act: 02/25/09 reported referred to ways and means
A6085 Aubry (MS) -- Relates to drug law reform, drug treatment and crime reduction; repealer
No Same as
BLURB : Cor. drug law reform
Last Act: 02/25/09 reported referred to rules
A6101 Englebright -- Provides that where the court determines that there is relevant admissible evidence containing deoxyribonucleic acid (DNA), such evidence shall be admitted
Same as S 583
BLURB : CP L. DNA evidence
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
BLURB : Pen L. parental rights; convicts
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
BLURB : Bank. illegal money transmission
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
BLURB : Lab. policeofficer; drug/alcohol
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
BLURB : CP L. reduce felony victim 70 yrs
Last Act: 02/25/09 REFERRED TO CODES
S2594 ADAMS -- Relates to the execution of a warrant of arrest and establishes educational programs for judicial personnel on the law of searches, arrests and seizures
Same as A 1508
BLURB : CP L. no-knock reform
Last Act: 02/25/09 REFERRED TO CODES
S2604 FLANAGAN -- Sets forth procedures to be followed in the event a sex offender fails to mail a signed verification within twenty calendar days of mailing by DCJS
Same as A 841
BLURB : Cor. sex offender verificatn
Last Act: 02/25/09 REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
S2608 FLANAGAN -- Provides for denial of recognizance or bail in certain cases
Same as A 3898
BLURB : CP L. denial of bail
Last Act: 02/25/09 REFERRED TO CODES
S2611 KRUGER -- Provides for licensing of residential realty managers
No Same as
BLURB : RP L. res realty managers
Last Act: 02/25/09 REFERRED TO JUDICIARY
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
BLURB : CP L. Utica dog cntrol; peace off
Last Act: 02/25/09 REFERRED TO CODES
S2618 SCHNEIDERMAN -- Relates to prosecution by superior court information following dismissal of an indictment or count thereof
No Same as
BLURB : CP L. rel to prosec by sup ct inf
Last Act: 02/25/09 REFERRED TO CODES
S2632 PADAVAN -- Establishes crime of aggravated criminal conduct
Same as A 4388
BLURB : CP L. estb crm aggrv crim cond
Last Act: 02/25/09 REFERRED TO CODES
Last Action Date: 02/26/09(Results Count = ) Bill No.  A2433 Abbate -- Relates to additional considerations for public arbitration panels relating to certain employees of the Triborough Bridge and Tunnel Authority
No Same as
BLURB : Civ Serv. TBTA dispute resltn
Last Act: 02/26/09 advanced to third reading cal.141
A6150 Hooper (MS) -- Establishes demonstration program providing electronic monitoring devices to victims of domestic violence in 5 counties
No Same as
BLURB : Soc Serv. elect. montr. dom violc
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
BLURB : CP L. hate crimes
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
BLURB : Exec. DNA samples; offenders
Last Act: 02/26/09 referred to codes
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
BLURB : Pen L. waive pistol fee fed agent
Last Act: 02/26/09 referred to codes
A6221 Barra -- Provides for the impoundment of motor vehicles operated by underage persons unlawfully in possession of alcoholic beverages
No Same as
BLURB : ABC. impound veh. from underage
Last Act: 02/26/09 referred to economic development
A6240 Barra -- Increases from 5% to 15% the restitution collection agency designated surcharge
No Same as
BLURB : Pen L. restitution surcharge
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
BLURB : Cor. dom viol reg.
Last Act: 02/26/09 referred to correction
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
BLURB : Pen L. misuse offical authority
Last Act: 02/26/09 REFERRED TO CODES
S2655 VOLKER -- Requires the division of criminal justice services to send notice to certain agencies relating to warrants
Same as A 3665
BLURB : CP L. warrants; dcjs
Last Act: 02/26/09 REFERRED TO CODES
S2656 VOLKER -- Relates to an order upon termination of criminal action in favor of the accused
Same as A 3666
BLURB : CP L. term crim act
Last Act: 02/26/09 REFERRED TO CODES
S2657 VOLKER -- Makes technical changes to provisions granting certain federal officers peace officer powers; repealer
No Same as
BLURB : CP L. peace officers: federal agt
Last Act: 02/26/09 REFERRED TO CODES
S2658 VOLKER -- Relates to permitting all state-paid uniformed court officers to execute bench warrants
Same as A 602
BLURB : CP L. bench warrants; ct officers
Last Act: 02/26/09 REFERRED TO CODES
S2660 VOLKER -- Authorizes defendants to make electronic appearances in pending criminal actions
Same as A 511
BLURB : CP L. elctr appearnce; crim actns
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
BLURB : CP L. victim evidnce admissible
Last Act: 02/26/09 REFERRED TO CODES
S2672 MORAHAN -- Requires a detailed written explanation for the release of an inmate from prison
No Same as
BLURB : Exec. detailed written expln rels
Last Act: 02/26/09 REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
S2673 MORAHAN -- Provides that directors of in-patient facilities and hospitals shall designate safety officers to act as special policeman
Same as A 5902
BLURB : Men Hyg. safety officers
Last Act: 02/26/09 REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
S2675 MORAHAN -- Establishes the "All Felons DNA Database Act"
No Same as
BLURB : Exec. expands dna idntfctn index
Last Act: 02/26/09 REFERRED TO FINANCE
S2698 AUBERTINE -- Designates civil enforcement officers employed by Jefferson county sheriff's office as peace officers
No Same as
BLURB : CP L. Jef cnty civ enfrc peace of
Last Act: 02/26/09 REFERRED TO CODES
Last Action Date: 02/27/09(Results Count = ) Bill No.  S2722 VOLKER -- Authorizes an appeal by the people as of right to an intermediate appellate court from certain orders of a criminal court suppressing evidence
No Same as
BLURB : CP L. preclude evidnc: people apl
Last Act: 02/27/09 REFERRED TO CODES
S2726 LAVALLE -- Requires a police officer upon the arresting of a youth or upon the issuing of an appearance ticket to notify the parent or person legally responsible for such youth
Same as A 4616
BLURB : CP L. arrestng a youth; parent nt
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).