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: New York Supreme Court Criminal Term Library

New York Legislature: Activity Report for Week Ending February 22, 2009 - Penal Law

By David Badertscher, PLL

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Source: New York Legislative Retrieval System (LRS), Search run February 22, 2009.

No Chapter Laws reported as signed during this period.

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 bill number exactly as indicated:

PENAL LAW:

Bill No.
S2032	GOLDEN -- Provides for a financial exploitation prevention outreach, education and training program and fund No Same as Last Act: 02/11/09 REFERRED TO AGING

Last Action Date: 02/13/09(Results Count = )
Bill No.
A5356	Spano (MS) -- Enacts "Johnny Lopez law" to include commission of aggravated driving while intoxicated within depraved indifference for purposes of murder in the second; repealer No Same as Last Act: 02/13/09 referred to codes
A5377	Errigo (MS) -- Makes reports from the statewide central register of child abuse and maltreatment available to probation services No Same as Last Act: 02/13/09 referred to children and families
A5378	Errigo (MS) -- Requires disclosure of criminal records relating to regulating child day care facilities No Same as Last Act: 02/13/09 referred to children and families
A5382	Koon (MS) -- Establishes the Police Officer Safety Act No Same as Last Act: 02/13/09 referred to codes
A5405	Ramos (MS) -- Provides for the sale, use and storage of nitric acid Same as Uni. S 2228 Last Act: 02/13/09 referred to economic development
A5444	Magnarelli -- Relates to the sentencing of certain murder offenses No Same as Last Act: 02/13/09 referred to codes
A5446	McKevitt (MS) -- Imposes an additional 5 years of imprisonment for certain offenses No Same as Last Act: 02/13/09 referred to 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: 02/13/09 referred to codes
A5454	Spano (MS) -- Establishes home invasion robbery offenses No Same as Last Act: 02/13/09 referred to codes
A5463	Alessi -- Requires notification of pesticide use on golf courses Same as Uni. S 2227 Last Act: 02/13/09 referred to environmental conservation
A5465	Kolb (MS) -- Relates to sentencing procedures in capital punishment cases Same as Uni. S 2235 Last Act: 02/13/09 referred to codes
A5490	McKevitt (MS) -- Provides for the admission of evidence of proof of similar offenses in criminal and civil proceedings involving the commission of a sex offense No Same as Last Act: 02/13/09 referred to codes
A5495	Titus (MS) -- Provides that certain persons less than eighteen years old are not criminally responsible for the crime of criminal contempt in the second degree No Same as Last Act: 02/13/09 referred to codes
A5518	Lentol -- Relates to assault on a New York city sanitation worker No Same as Last Act: 02/13/09 referred to codes
A5527	McKevitt (MS) -- Increases fees for probation services No Same as Last Act: 02/13/09 referred to codes
A5544	Titus (MS) -- Directs the commissioner of education to promulgate rules and regulations that prohibit harassment, intimidation and bullying of students No Same as Last Act: 02/13/09 referred to education
A5547	Titus (MS) -- Requires the commissioner, when processing reports of accidents filed, to give priority to reports involving serious physical injury or death No Same as Last Act: 02/13/09 referred to transportation
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: 02/13/09 referred to codes
A5592	Oaks (MS) -- Makes provisions relating to grand jury proceedings and operations No Same as Last Act: 02/13/09 referred to codes
A5594	Oaks (MS) -- Makes it a ministerial process to amend a license to carry or possess a firearm No Same as Last Act: 02/13/09 referred to codes
S2204	VOLKER -- Relates to junior small and big game hunting license and the use of crossbows; repealer No Same as Last Act: 02/13/09 REFERRED TO ENVIRONMENTAL CONSERVATION
S2209	DIAZ -- Provides for the expungement of unsustained allegations of abuse and the sealing of records; repealer Same as A 1802 Last Act: 02/13/09 REFERRED TO HEALTH
S2213	DIAZ -- Establishes criminal offenses relating to gang violence and the abatement of premises used for gang activity Same as A 265 Last Act: 02/13/09 REFERRED TO CODES
S2222	DIAZ -- Increases penalties and requires imprisonment for leaving the scene of an incident without reporting; presumption of avoiding prosecution for DUI Same as A 326 Last Act: 02/13/09 REFERRED TO TRANSPORTATION
S2227	LAVALLE -- Requires notification of pesticide use on golf courses Same as Uni. A 5463 Last Act: 02/13/09 REFERRED TO ENVIRONMENTAL CONSERVATION
S2228	LAVALLE -- Provides for the sale, use and storage of nitric acid Same as Uni. A 5405 Last Act: 02/13/09 REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
S2235	VOLKER -- Relates to sentencing procedures in capital punishment cases Same as Uni. A 5465 Last Act: 02/13/09 REFERRED TO CODES
S2243	VOLKER -- Establishes presumption (rebuttable) that an applicant for a pistol or revolver license has proper cause for issuance thereof No Same as Last Act: 02/13/09 REFERRED TO CODES

Last Action Date: 02/17/09(Results Count = )
Bill No.
A5633	Aubry (MS) -- Allows petitions to conditionally seal certain drug convictions No Same as Last Act: 02/17/09 referred to codes
A5658	Rosenthal (MS) -- Requires banks operating ATM facilities to equip such facilities with 911 or E-911 emergency access buttons wherever such emergency service is available No Same as Last Act: 02/17/09 referred to banks
A5690	Espaillat (MS) -- Provides for the regulation of campaign contributions and expenditures in the context of foreign elections No Same as Last Act: 02/17/09 referred to election law
A5695	Espaillat (MS) -- Enacts provisions relating to the trafficking of weapons and for the firearm, rifle and shotgun ballistic identification bank No Same as Last Act: 02/17/09 referred to codes
A5696	Kavanagh (MS) -- Requires employees of dealers in firearms to submit to state and national criminal background checks No Same as Last Act: 02/17/09 referred to codes
A5697	Lopez V (MS) -- Enacts the child protection reform act; repealer No Same as Last Act: 02/17/09 referred to children and families
S2254	SCHNEIDERMAN -- Requires the court to advise aliens of deportation consequences of guilty plea; allows guilty plea withdrawal No Same as Last Act: 02/17/09 REFERRED TO CODES
S2260	YOUNG -- Designates the dog control officer of the city of Salamanca as a peace officer No Same as Last Act: 02/17/09 REFERRED TO CODES
S2282	PARKER -- Requires credit reporting agencies to furnish proof of identity theft to creditors upon debtor's request No Same as Last Act: 02/17/09 REFERRED TO CONSUMER PROTECTION
S2301	PADAVAN -- Makes shipboard gambling a class E felony No Same as Last Act: 02/17/09 REFERRED TO CODES
S2304	PADAVAN -- Creates the crime of possession of a gambling device in the first degree Same as A 4738 Last Act: 02/17/09 REFERRED TO CODES

Last Action Date: 02/18/09(Results Count = )
Bill No.
S2315	JOHNSON C -- Makes the sale of a controlled substance that results in the death of a person manslaughter in the second degree No Same as Last Act: 02/18/09 REFERRED TO CODES
S2316	JOHNSON C -- Makes sale of a controlled substance to a person less than 14 or 18 years of age the criminal sale of a controlled substance in the 1st or 2nd degree respectively No Same as Last Act: 02/18/09 REFERRED TO CODES
S2352	SAMPSON -- Creates additional remedies for unlawful discharge, penalty, or discrimination due to the exercise of an employee's right to be absent from employment for jury duty Same as A 609 Last Act: 02/18/09 REFERRED TO JUDICIARY

Last Action Date: 02/19/09(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: 02/19/09 advanced to third reading cal.90
A3769	Aubry (MS) -- Establishes defendants and inmates shall be entitled to receive a copy of their criminal records at certain times Same as S 2495 Last Act: 02/19/09 advanced to third reading cal.118
A4159	Clark (MS) -- Expands the scope of a study regarding the risks and dangers associated with female genital mutilation No Same as Last Act: 02/19/09 advanced to third reading cal.120
A5708	Lopez V (MS) -- Relates to the timeliness of commencing certain civil actions related to sex offenses No Same as Last Act: 02/19/09 referred to codes
A5709	Conte (MS) -- Designates uniformed officers of the fire marshal's office of the town of Huntington as peace officers; repealer Same as Uni. S 2407 Last Act: 02/19/09 referred to codes
A5710	Gottfried (MS) -- Prohibits discrimination based on gender identity or expression and includes offenses regarding gender identity or expression under the hate crimes statute Same as Uni. S 2406 Last Act: 02/19/09 referred to governmental operations
A5730	Hayes (MS) -- Provides that the people must be ready for trial within sixty days of the commencement of a criminal action when the defendant is charged with a traffic infraction No Same as Last Act: 02/19/09 referred to codes
A5732	Perry -- Relates to the rights of youth in detention and residential programs for youth No Same as Last Act: 02/19/09 referred to children and families
A5750	Lopez V (MS) -- Mandates suspension and revocation of certain professional licenses upon conviction of certain drug-related offenses No Same as Last Act: 02/19/09 referred to higher education
A5759	Pretlow (MS) -- Authorizes a statewide toll free hotline run by the state police with reward for information leading to conviction of drunk drivers; imposes an additional surcharge No Same as Last Act: 02/19/09 referred to transportation
S2368	PADAVAN -- Establishes the crimes of possession of an unauthorized recording in the first and second degree Same as A 3684 Last Act: 02/19/09 REFERRED TO CODES
S2377	PADAVAN -- Relates to penalties for the crimes relating to making graffiti and possession of graffiti instruments No Same as Last Act: 02/19/09 REFERRED TO CODES
S2379	PADAVAN -- Includes possession of armor piercing, frangible or devastator ammunition as criminal possession of a weapon Same as A 2881 Last Act: 02/19/09 REFERRED TO CODES
S2397	NOZZOLIO -- Adds communication by means of a "computer network" to aggravated harassment in the second degree Same as A 2801 Last Act: 02/19/09 REFERRED TO CODES
S2405	VOLKER -- Relates to a sentence of parole No Same as Last Act: 02/19/09 REFERRED TO CODES
S2406	DUANE -- Prohibits discrimination based on gender identity or expression and includes offenses regarding gender identity or expression under the hate crimes statute Same as Uni. A 5710 Last Act: 02/19/09 REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
S2407	FLANAGAN -- Designates uniformed officers of the fire marshal's office of the town of Huntington as peace officers; repealer Same as Uni. A 5709 Last Act: 02/19/09 REFERRED TO CODES

Last Action Date: 02/20/09(Results Count = )
Bill No.
A5773	Alessi (MS) -- Expands the scope of areas from which sex offenders are prohibited from knowingly entering and provides that sex offender registrants shall refrain from such areas Same as Uni. S 2446 Last Act: 02/20/09 referred to codes
A5791	Hayes (MS) -- Requires disclosure of all campaign receipts regardless of amount No Same as Last Act: 02/20/09 referred to election law
A5822	Hayes (MS) -- Mandates arresting police officers of rape suspects to cause suspects to be given HIV test No Same as Last Act: 02/20/09 referred to codes
A5824	McKevitt (MS) -- Relates to mandatory dispositions and the commission of a felony offense while in possession of a firearm No Same as Last Act: 02/20/09 referred to codes
S2426	PADAVAN -- Provides for the humane removal of downed animals Same as A 4513 Last Act: 02/20/09 REFERRED TO AGRICULTURE
S2446	LAVALLE -- Expands the scope of areas from which sex offenders are prohibited from knowingly entering and provides that sex offender registrants shall refrain from such areas Same as Uni. A 5773 Last Act: 02/20/09 REFERRED TO CODES

Full post as published by New York Supreme Court Criminal Term Library on February 23, 2009 (boomark / email).