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: New York Supreme Court Criminal Term Library

New York Legislature: Activity Report for Week Ending May 31, 2009 - Penal Law

By David Badertscher, PLL

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Source: New York Legislative Retrieval System (LRS), Search run May 31, 2009.

PENAL LAW:

To retrieve the text of any of the New York bills listed below, go to http://public.leginfo.state.ny.us/menuf.cgi

Bill No.
S1880A	KLEIN -- Requires any community service sentence imposed for an offense involving graffiti to include graffiti removal as a portion of required service No Same as Last Act: 05/22/09 AMEND AND RECOMMIT TO CODES 05/22/09 PRINT NUMBER 1880A

Last Action Date: 05/26/09(Results Count = )
Bill No.
A796	McDonough (MS) -- Relates to the reporting of the felony convictions of certain non-citizens No Same as Last Act: 05/26/09 REFERRED TO CODES
A998A	Paulin (MS) -- Increases the penalty for multiple convictions of torturing or failing to provide sustenance to an animal Same as S 4963 Last Act: 05/26/09 reported referred to codes
A3664	Aubry (MS) -- Relates to certificates of relief from disabilities and certificates of good conduct Same as S 4366 Last Act: 05/26/09 3RD READING CAL.391
A3926B	Pheffer (MS) -- Requires debt collection agencies to be licensed by the state No Same as Last Act: 05/26/09 reported referred to codes
A4516C	Weinstein (MS) -- Relates to the accrual of merit time by certain inmates Same as S 3438-A Last Act: 05/26/09 3RD READING CAL.345
A5696B	Kavanagh (MS) -- Requires employees of dealers in firearms and gunsmiths to submit to a criminal background check No Same as Last Act: 05/26/09 amended on third reading (t) 5696b
A6532B	Ortiz (MS) -- Defines necessary court appearance for purposes of determination of crime victim's award Same as S 4405-A Last Act: 05/26/09 3RD READING CAL.348
A8393	Weinstein (MS) -- Provides that orders of protection shall not be denied solely on the basis that the events alleged are not contemporaneous with the application therefor Same as S 5696 Last Act: 05/26/09 reported referred to codes
S3438A	MONTGOMERY -- Relates to the accrual of merit time by certain inmates Same as A 4516-C Last Act: 05/26/09 SUBSTITUTED BY A4516C 05/26/09 3RD READING CAL.345
S4018	HASSELL-THOMPSON -- Adds registered nurse and licensed practical nurse to assault of emergency medical professionals and provides for class C and D felonies for physical injury to them Same as A 3103 Last Act: 05/26/09 referred to codes
S4041A	DUANE -- Provides for medical use of marihuana Same as A 7542 Last Act: 05/26/09 REPORTED AND COMMITTED TO CODES
S4366	HASSELL-THOMPSON -- Relates to certificates of relief from disabilities and certificates of good conduct Same as A 3664 Last Act: 05/26/09 SUBSTITUTED BY A3664 05/26/09 3RD READING CAL.391
S4405A	HASSELL-THOMPSON -- Defines necessary court appearance for purposes of determination of crime victim's award Same as A 6532-B Last Act: 05/26/09 SUBSTITUTED BY A6532B 05/26/09 3RD READING CAL.348

Last Action Date: 05/27/09(Results Count = )
Bill No.
A972	Gantt (MS) -- Makes provisions with respect to the disposition of fine money imposed for infractions by the holder of a conditional license No Same as Last Act: 05/27/09 reported referred to ways and means
A2179	O'Mara (MS) -- Alters procedures relating to sentencing procedures and jury charges in capital cases No Same as Last Act: 05/27/09 held for consideration in codes
A2272	Reilich (MS) -- Adds additional objects which a person would be guilty of criminally using drug paraphernalia in the 2nd degree if he or she knowingly possesses or sells such object Same as S 626 Last Act: 05/27/09 held for consideration in codes
A2535	Calhoun (MS) -- Allows juvenile offenders be prosecuted as an adult for certain felony gun possession offenses No Same as Last Act: 05/27/09 held for consideration in codes
A2770	Kolb (MS) -- Relates to creating the crime of cyberterrorism and calculating damages caused by computer tampering No Same as Last Act: 05/27/09 held for consideration in codes
A3842	Raia (MS) -- Provides for reimbursement to defendant when defense of justification is successful No Same as Last Act: 05/27/09 held for consideration in codes
A5075	Giglio (MS) -- Increases penalties for the sale of controlled substances at community recreational facilities and youth recreational centers No Same as Last Act: 05/27/09 held for consideration in codes
A5121	Giglio (MS) -- Relates to the criminal possession of marihuana in or near school grounds No Same as Last Act: 05/27/09 held for consideration in codes
A5423	Errigo (MS) -- Creates the internet protection act; repealer No Same as Last Act: 05/27/09 held for consideration in codes
A5446	McKevitt (MS) -- Imposes an additional 5 years of imprisonment for certain offenses No Same as Last Act: 05/27/09 held for consideration in codes
A5447	McKevitt (MS) -- Expands definition of second felony offender to include a person who is convicted of any felony having previously been convicted of a felony No Same as Last Act: 05/27/09 held for consideration in codes
A5465	Kolb (MS) -- Relates to sentencing procedures in capital punishment cases Same as Uni. S 2235 Last Act: 05/27/09 held for consideration in codes
A5590	Oaks (MS) -- Provides that restrictions regarding the carrying of concealed weapons and licenses therefor shall be by statute only No Same as Last Act: 05/27/09 held for consideration in 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: 05/27/09 held for consideration in codes
A6270	Barra -- Establishes the crime of vehicular display of obscenity, a class A misdemeanor No Same as Last Act: 05/27/09 held for consideration in codes
A6571	Burling (MS) -- Increases the crime victim's assistance fee, creates a crime victim's lien and creates a crime victim's assistance account No Same as Last Act: 05/27/09 held for consideration in codes
A6745	Ball (MS) -- Requires conviction of illegal alien be reported to U.S. department of immigration and naturalization with recommendation person be deported No Same as Last Act: 05/27/09 held for consideration in codes
A7046	Ball -- Establishes the crime of aggravated harassment of a police officer or peace officer; makes such an offense a class E felony No Same as Last Act: 05/27/09 held for consideration in codes
A7131	Morelle (MS) -- Relates to the licensure of life settlement brokers; creates certain crimes relating to life settlement fraud; relates to premium finance agreements; repealer Same as S 3655 Last Act: 05/27/09 reported referred to codes
A7183B	Englebright (MS) -- Prohibits the possession of concealed firearms in any park, campground or other recreation area Same as S 4753-A Last Act: 05/27/09 reported referred to codes
A7309	Rabbitt -- Creates a new crime for sale of a firefighter uniform No Same as Last Act: 05/27/09 held for consideration in codes
A7700	Quinn (MS) -- Creates the crime of manufacturing a controlled substance in the presence of minors No Same as Last Act: 05/27/09 held for consideration in codes
A7779	Rosenthal -- Relates to the duties of the municipal police training council Same as S 5224 Last Act: 05/27/09 reported referred to codes
A8082	Scarborough (MS) -- Relates to sexually exploited children Same as S 5270 Last Act: 05/27/09 reported referred to codes
A8532	Benedetto -- Requires any community service sentence imposed for an offense involving graffiti to include graffiti removal as a portion of required service No Same as Last Act: 05/27/09 referred to codes
S1848A	KLEIN -- Relates to removing the statute of limitations for sexual offenses No Same as Last Act: 05/27/09 AMEND AND RECOMMIT TO CODES 05/27/09 PRINT NUMBER 1848A
S1967	STACHOWSKI -- Redefines assault in the second degree to include public health and building inspection officers within provisions applicable to assault 2nd Same as A 6027 Last Act: 05/27/09 referred to codes
S4688	HASSELL-THOMPSON -- Raises the monetary value of damaged property that is considered criminal mischief or securities fraud Same as A 8195 Last Act: 05/27/09 2ND REPORT CAL.
S5680	STAVISKY -- Relates to educating children on the harms of electronically sending and posting certain images of themselves Same as A 8622 Last Act: 05/27/09 REFERRED TO CHILDREN AND FAMILIES

Last Action Date: 05/28/09(Results Count = )
Bill No.
A1477	Wright (MS) -- 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 S 2592 Last Act: 05/28/09 advanced to third reading cal.646
A2257	Stirpe (MS) -- Expands when a person is guilty of criminal trespass in the second degree Same as S 1606 Last Act: 05/28/09 advanced to third reading cal.650
A2534	Calhoun -- Designates as peace officers, the uniformed court officers of the town court of the town of New Windsor No Same as Last Act: 05/28/09 advanced to third reading cal.652
A3939	Raia -- Grants peace officer status to uniformed court officers employed by the village of Northport village justice court Same as S 2940 Last Act: 05/28/09 advanced to third reading cal.654
A4743	Englebright (MS) -- Provides for a financial exploitation prevention outreach, education and training program and fund Same as S 4990 Last Act: 05/28/09 advanced to third reading cal.657
A7957A	Lentol -- Relates to peace officer training; repealer No Same as Last Act: 05/28/09 amend and recommit to codes 05/28/09 print number 7957a
S1909B	KLEIN -- Increases penalties for vandalism to a house of worship or theft of a house of worship No Same as Last Act: 05/28/09 AMEND AND RECOMMIT TO CODES 05/28/09 PRINT NUMBER 1909B
S2489A	KLEIN -- Requires criminal prosecution where shoddy construction work results in serious physical injury or death of a person No Same as Last Act: 05/28/09 AMEND (T) AND RECOMMIT TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPME 05/28/09 PRINT NUMBER 2489A
S5377A	KLEIN -- Establishes the offense of aggravated criminal conduct as a class E felony Same as A 8265 Last Act: 05/28/09 AMEND AND RECOMMIT TO CODES 05/28/09 PRINT NUMBER 5377A
S5696	SAMPSON -- Provides that orders of protection shall not be denied solely on the basis that the events alleged are not contemporaneous with the application therefor Same as A 8393 Last Act: 05/28/09 REFERRED TO JUDICIARY

Last Action Date: 05/29/09(Results Count = )
Bill No.
A7014	Bing (MS) -- Relates to crane inspectors and impairing the integrity of a government licensing examination Same as S 3564 Last Act: 05/29/09 delivered to governor
A8590	Hooper -- Presumptive evidence of hate crimes No Same as Last Act: 05/29/09 referred to codes
A8597	Millman -- Enacts the "prevention of farm animal cruelty act" No Same as Last Act: 05/29/09 referred to agriculture
A8603	Ball (MS) -- Requires lifetime post-release supervision for certain offenders; prohibits good behavior allowances against certain determinate sentences No Same as Last Act: 05/29/09 referred to codes

Full post as published by New York Supreme Court Criminal Term Library on June 01, 2009 (boomark / email).