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Legal Research

: New York Supreme Court Criminal Term Library

New York Legislature Activity Report for Week Ending February 10, 2008

By David Badertscher, PLL

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Source: New York Legislative Retrieval System (LRS), February 10, 2008.

Categories included: Corrections Law, Criminal Procedure Law, Judiciary Law, Penal Law.

CORRECTIONS LAW:

Bill No.
A894	Destito (MS) -- Relates to authorizing ministers of congregations in the county in which a jail, workhouse or correctional facility is located to visit inmates No Same as Last Act: 02/04/08 REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
S841A	FLANAGAN -- Expands coverage of sex offender registration act No Same as Last Act: 02/04/08 referred to correction

Last Action Date: 02/05/08(Results Count = )
Bill No.
S4810	NOZZOLIO -- Restricts public assistance for erectile dysfunction medication for sex offenders No Same as Last Act: 02/05/08 REPORTED AND COMMITTED TO HEALTH

Last Action Date: 02/06/08(Results Count = )
Bill No.
A9859A	Lentol (MS) -- Protects people who use the internet from convicted sex offenders Same as S 6875-A Last Act: 02/06/08 amend and recommit to correction 02/06/08 print number 9859a
A9918	Fields -- Prohibits certain sex offenders from entering a school bus or within one thousand feet of a school bus stop Same as S 6868 Last Act: 02/06/08 referred to codes
A9923	Magnarelli (MS) -- Amends the criminal procedure law, the family court act, the civil practice law and rules, the penal law and the social services law to restrict violent felons from accessing victim records No Same as Last Act: 02/06/08 referred to codes
A9927	Towns (MS) -- Authorizes certain inmates serving an indeterminate sentence to receive good time allowances of up to 1/3 of their minimum sentences Same as S 1905 Last Act: 02/06/08 referred to correction
A9949	Sweeney (MS) -- Relates to the registration of sex offenders Same as S 4332 Last Act: 02/06/08 referred to correction
S5047	FUSCHILLO -- Prohibits the use of inmate labor to access, collect or process personal information Same as A 69 Last Act: 02/06/08 2ND REPORT CAL.
S6875A	SKELOS -- Protects people who use the internet from convicted sex offenders Same as A 9859-A Last Act: 02/06/08 2ND REPORT CAL.
S6907	LANZA -- Provides that certain sex offenders who are released on parole may not enter public, association or free libraries No Same as Last Act: 02/06/08 REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

Last Action Date: 02/08/08(Results Count = )
Bill No.
A9340A	Aubry -- Makes a technical amendment relating to the probation detainer warrant pilot program Same as S 6408-A Last Act: 02/08/08 delivered to governor
A9974	Schimminger (MS) -- Relates to the collection of DNA samples of designated offenders, the preservation of biological evidence and establishes the commission of exoneration review; repealer Same as S 6726 Last Act: 02/08/08 referred to correction

CRIMINAL PROCEDURE LAW:

Bill No.
S6862	MALTESE -- Relates to collective bargaining processes for peace officers and special officers for the city of New York Same as A 8232 BLURB : Civ Serv. coll br po so Last Act: 01/31/08 REFERRED TO CIVIL SERVICE & PENSIONS

Last Action Date: 02/01/08(Results Count = )
Bill No.
A7384A	Abbate -- Provides for crediting of prior service by the police pension fund of N.Y. city even where such service is not rendered immediately prior to commencement of police service Same as Uni. S 4410-A BLURB : Ad Cd. credit prior service; PPF Last Act: 02/01/08 amend and recommit to governmental employees 02/01/08 print number 7384a
S4410A	MALTESE -- Provides for crediting of prior service by the police pension fund of NYC even where such service is not rendered immediately prior to commencement of police service Same as Uni. A 7384-A BLURB : Ad Cd. credit prior service; PPF Last Act: 02/01/08 AMEND AND RECOMMIT TO CIVIL SERVICE & PENSIONS 02/01/08 PRINT NUMBER 4410A

Last Action Date: 02/04/08(Results Count = )
Bill No.
A5961A	Abbate -- Includes peace officer and city investigator members of the NYCERS or the NYCBERS within coverage provided under the optional 25 year improved benefit program Same as S 3314-A BLURB : R & SS. optional ret. program Last Act: 02/04/08 amend and recommit to governmental employees 02/04/08 print number 5961a
A9893	Abbate (MS) -- Relates to benefits payable to, or on behalf of, certain employees of the division of parole injured or killed in the performance of duty No Same as BLURB : R & SS. benefits div parole Last Act: 02/04/08 referred to governmental employees
A9896	Abbate -- Relates to performance of duty disability retirement of certain peace officers and police officers in the state department of taxation and finance No Same as BLURB : R & SS. peace offrs; dept tax/fin Last Act: 02/04/08 referred to governmental employees
A9897	Abbate -- Allows certain members employed by department of taxation and finance to retire without reduction of benefits upon completing 25 or more years of service No Same as BLURB : R & SS. dept of tax & finance Last Act: 02/04/08 referred to governmental employees
A9898	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: 02/04/08 referred to governmental employees
S638	SKELOS -- Authorizes introduction of evidence in criminal trial or juvenile delinquency case of subsequent identification of defendant based on a photograph or video image Same as A 7508 BLURB : CP L. evid of identification Last Act: 02/04/08 ADVANCED TO THIRD READING
S841A	FLANAGAN -- Expands coverage of sex offender registration act No Same as BLURB : Men Hyg. expd covrg sex offend re Last Act: 02/04/08 referred to correction
S1073A	SALAND -- Authorizes child witnesses to testify via closed-circuit television in criminal assault and endangering the welfare of a child proceedings No Same as BLURB : CP L. child witnss: assault, endg Last Act: 02/04/08 AMENDED ON THIRD READING 1073A
S4828	ROBACH -- Relates to the presumption of certain diseases contracted by certain public employees Same as A 5829 BLURB : Work C. pub empl contract disease Last Act: 02/04/08 ADVANCED TO THIRD READING

Last Action Date: 02/05/08(Results Count = )
Bill No.
A3262A	Pretlow (MS) -- Provides greater accountability for seized assets No Same as BLURB : CPLR. acctblty. szd.assets Last Act: 02/05/08 reported referred to ways and means
A4378A	Abbate -- Provides coverage for additional members of the New York city employees' retirement system in the position of fire protection inspector Same as S 4897-A BLURB : R & SS. fire protection inspector Last Act: 02/05/08 amend and recommit to governmental employees 02/05/08 print number 4378a
S5543C	FUSCHILLO -- Provides consumers who are domestic violence victims with a free security freeze report upon request Same as A 8634-B BLURB : Gen Bus L. scrty freeze; dom vctm Last Act: 02/05/08 ADVANCED TO THIRD READING
S6891	YOUNG -- Designates the dog control officer of the city of Salamanca as a peace officer Same as A 9889 BLURB : CP L. Salamanca dog control off. Last Act: 02/05/08 REFERRED TO CODES

Last Action Date: 02/06/08(Results Count = )
Bill No.
A1607B	O'Donnell -- Relates to the sealing of certain court records for noncriminal offenses Same as S 5234-A BLURB : CP L. sealing court records Last Act: 02/06/08 REFERRED TO CODES
A9923	Magnarelli (MS) -- Amends the criminal procedure law, the family court act, the civil practice law and rules, the penal law and the social services law to restrict violent felons from accessing victim records No Same as BLURB : CP L. restrict violent crimes Last Act: 02/06/08 referred to codes
A9950	Dinowitz (MS) -- Provides for the expungement of unsustained allegations of abuse and the sealing of records; repealer No Same as BLURB : Pub Heal. allegations of abuse Last Act: 02/06/08 referred to aging
S2370	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: 02/06/08 referred to codes
S6130B	ROBACH -- Allows state university police officers to transfer to the NYSLPFRS and to be covered by the provisions of a new 25 year half pay retirement plan Same as A 8150-B BLURB : R & SS. state univ police officer Last Act: 02/06/08 AMEND AND RECOMMIT TO CIVIL SERVICE & PENSIONS 02/06/08 PRINT NUMBER 6130B
S6836	GRIFFO -- Provides for binding arbitration for members of the security services collective bargaining unit who are security hospital treatment assistants Same as A 9719 BLURB : Civ Serv. security hosp trmt asst Last Act: 02/06/08 2ND REPORT CAL.
S6906	VOLKER -- Relates to notification to victims of service of orders of protection Same as A 9641 BLURB : CP L. orders of protect; victims Last Act: 02/06/08 REFERRED TO SOCIAL SERVICES, CHILDREN AND FAMILIES

Last Action Date: 02/07/08(Results Count = )
Bill No.
A9959	Abbate -- Provides for special accidental death benefits for district attorney investigator members No Same as BLURB : Gen Mun. DA investigator members Last Act: 02/07/08 referred to governmental employees
A9964	Abbate -- Provides alternative retirement benefits for state liquor authority peace officers Same as S 6683 BLURB : R & SS. liq auth retirmt. Last Act: 02/07/08 referred to governmental employees
A9965	Abbate -- Establishes alternative retirement benefits for peace officers in the department of motor vehicles Same as S 6734 BLURB : R & SS. benefit for peace officer Last Act: 02/07/08 referred to governmental employees
S1899A	SAMPSON -- Establishes procedure for the suspension and revocation of license to carry and possess firearm if carrying while under the influence of alcohol or drugs No Same as BLURB : Pen L. sspnd lcnse alchl/drgs Last Act: 02/07/08 AMEND AND RECOMMIT TO CODES 02/07/08 PRINT NUMBER 1899A
S4897A	GOLDEN -- Provides coverage for additional members of the New York city employees' retirement system in the position of fire protection inspector Same as A 4378-A BLURB : R & SS. fire protection inspector Last Act: 02/07/08 AMEND AND RECOMMIT TO CIVIL SERVICE & PENSIONS 02/07/08 PRINT NUMBER 4897A
S6908	NOZZOLIO -- Directs the division of parole to maintain a current list of all inmates due to appear before a parole board No Same as BLURB : Exec. list of future parole inmts Last Act: 02/07/08 REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

Last Action Date: 02/08/08(Results Count = )
Bill No.
A9340A	Aubry -- Makes a technical amendment relating to the probation detainer warrant pilot program Same as S 6408-A BLURB : CP L. detainer warrant pilot: cor Last Act: 02/08/08 delivered to governor
A9974	Schimminger (MS) -- Relates to the collection of DNA samples of designated offenders, the preservation of biological evidence and establishes the commission of exoneration review; repealer Same as S 6726 BLURB : Exec. DNA samples; offenders Last Act: 02/08/08 referred to correction
S1921A	ROBACH -- Creates specific computer crimes as well as increasing penalties for crimes committed with the aid of a computer No Same as BLURB : Pen L. computer crimes Last Act: 02/08/08 AMEND AND RECOMMIT TO CODES 02/08/08 PRINT NUMBER 1921A

JUDICIARY LAW:

Bill No.

S521A

MAZIARZ -- Allows certain courts of record to fix the compensation of a temporary appointed interpreter at not more than two hundred fifty dollars per day
Same as A 3916-A
Last Act: 02/05/08 ADVANCED TO THIRD READING

Old Bill: S3207 of 2006

Old Bill Last Act: 05/22/06 referred to judiciary

S791

DEFRANCISCO -- Provides that actions by the attorney general for unlawful practice of law shall include both civil and criminal actions
Same as A 2181
Last Act: 02/05/08 ADVANCED TO THIRD READING

Old Bill: S40 of 2006

Old Bill Last Act: 01/04/06 REFERRED TO JUDICIARY

S4426

WINNER -- Provides education department with wage reporting information for purposes of compliance with federal requirements
No Same as
Last Act: 02/05/08 ADVANCED TO THIRD READING

Last Action Date: 02/06/08(Results Count = )
Bill No.
S6900	DEFRANCISCO -- Modernizes the Judiciary's emergency response system No Same as Last Act: 02/06/08 REFERRED TO JUDICIARY

PENAL LAW:

Bill No.
S42A	MAZIARZ -- Establishes "Kurt's law" increasing penalties for the crime of vehicular manslaughter Same as A 2390 Last Act: 02/04/08 ADVANCED TO THIRD READING
S85	PADAVAN -- Establishes the crimes of possession of a counterfeit trademark in the first, second and third degrees Same as A 1843 Last Act: 02/04/08 ADVANCED TO THIRD READING
S90	PADAVAN -- Expands the scope of the crime of trademark counterfeiting in the first degree Same as A 1844 Last Act: 02/04/08 ADVANCED TO THIRD READING
S131	PADAVAN -- Provides that the retail value of certain DVDs and video tapes of a feature film shall be $1000 or more for purposes of trademark counterfeiting in the second degree Same as A 1847 Last Act: 02/04/08 ADVANCED TO THIRD READING
S566	VOLKER -- Expands criminal impersonation to include persons who impersonate employees in order to gain access or remain in a dwelling Same as A 1030 Last Act: 02/04/08 ADVANCED TO THIRD READING
S616	MARCELLINO -- Includes the theft of dogs and cats within the crime of grand larceny in the fourth degree (a class E felony) in certain cases Same as A 2197 Last Act: 02/04/08 ADVANCED TO THIRD READING
S618	MARCELLINO -- Increases the penalty for crime of criminally negligent homicide Same as A 7321 Last Act: 02/04/08 ADVANCED TO THIRD READING
S637	SKELOS -- Establishes the class E felony of unlawful procurement of clients, patients or customers Same as A 58 Last Act: 02/04/08 ADVANCED TO THIRD READING
S680	FLANAGAN -- Changes the age of the victim of aggravated assault, penal law 120.12, from less than eleven to less than fourteen Same as A 611 Last Act: 02/04/08 ADVANCED TO THIRD READING
S841A	FLANAGAN -- Expands coverage of sex offender registration act No Same as Last Act: 02/04/08 referred to correction
S856	VOLKER -- Provides that buildings housing ATMs are included within covered buildings for purposes of the crime of burglary in the second degree Same as A 541 Last Act: 02/04/08 ADVANCED TO THIRD READING
S1073A	SALAND -- Authorizes child witnesses to testify via closed-circuit television in criminal assault and endangering the welfare of a child proceedings No Same as Last Act: 02/04/08 AMENDED ON THIRD READING 1073A
S1117	LITTLE -- Increases penalties for hazing Same as A 2607 Last Act: 02/04/08 ADVANCED TO THIRD READING
S2420	DEFRANCISCO -- Increases the amount of restitution or reparation allowed to be required by the court in the case of a conviction for a felony Same as A 4776 Last Act: 02/04/08 referred to codes
S5941	LANZA -- Establishes the class E felony of disseminating violent and indecent video games to minors No Same as Last Act: 02/04/08 RECOMMIT, ENACTING CLAUSE STRICKEN

Last Action Date: 02/05/08(Results Count = )
Bill No.
A4867B	Gottfried (MS) -- Provides for medical use of marihuana No Same as Last Act: 02/05/08 amend and recommit to health 02/05/08 print number 4867b
A8937A	Crouch -- Establishes the crime of unlawful surveillance in the third degree Same as S 6755 Last Act: 02/05/08 amend and recommit to codes 02/05/08 print number 8937a
A9367A	Kavanagh -- Relates to penalties for violations of potable water regulations Same as S 902-A Last Act: 02/05/08 amend and recommit to health 02/05/08 print number 9367a
S84	PADAVAN -- Defines the term "retail value" for purposes of crimes involving trademark counterfeiting Same as A 1848 Last Act: 02/05/08 referred to codes
S1270	DEFRANCISCO -- Relates to the disqualification of joint tenants or beneficiaries No Same as Last Act: 02/05/08 ADVANCED TO THIRD READING
S2041	SKELOS -- Prohibits sale of laser pointing devices to persons under 18; prohibits students from possessing such devices at elementary or secondary schools Same as A 7511, A 2878-A Last Act: 02/05/08 ADVANCED TO THIRD READING
S2063	DEFRANCISCO -- Prevents a person from being the distributee of certain property if he or she was convicted of a sex offense and the decedent was the victim of such offense Same as A 283 Last Act: 02/05/08 ADVANCED TO THIRD READING
S2411A	SCHNEIDERMAN -- Bans the sale, use or possession of 50-caliber weapons Same as A 2772-A Last Act: 02/05/08 AMEND AND RECOMMIT TO CODES 02/05/08 PRINT NUMBER 2411A
S3127B	DEFRANCISCO -- Provides for a financial exploitation prevention outreach, education and training program and fund Same as A 6519-A Last Act: 02/05/08 REPORTED AND COMMITTED TO FINANCE
S5543C	FUSCHILLO -- Provides consumers who are domestic violence victims with a free security freeze report upon request Same as A 8634-B Last Act: 02/05/08 ADVANCED TO THIRD READING
S6891	YOUNG -- Designates the dog control officer of the city of Salamanca as a peace officer Same as A 9889 Last Act: 02/05/08 REFERRED TO CODES

Last Action Date: 02/06/08(Results Count = )
Bill No.
A9859A	Lentol (MS) -- Protects people who use the internet from convicted sex offenders Same as S 6875-A Last Act: 02/06/08 amend and recommit to correction 02/06/08 print number 9859a
A9918	Fields -- Prohibits certain sex offenders from entering a school bus or within one thousand feet of a school bus stop Same as S 6868 Last Act: 02/06/08 referred to codes
A9923	Magnarelli (MS) -- Amends the criminal procedure law, the family court act, the civil practice law and rules, the penal law and the social services law to restrict violent felons from accessing victim records No Same as Last Act: 02/06/08 referred to codes
A9926	Towns (MS) -- Increases the penalties for identity theft crimes Same as S 2090 Last Act: 02/06/08 referred to codes
A9927	Towns (MS) -- Authorizes certain inmates serving an indeterminate sentence to receive good time allowances of up to 1/3 of their minimum sentences Same as S 1905 Last Act: 02/06/08 referred to correction
A9950	Dinowitz (MS) -- Provides for the expungement of unsustained allegations of abuse and the sealing of records; repealer No Same as Last Act: 02/06/08 referred to aging
S43A	MAZIARZ -- Increases penalties for certain alcohol related driving convictions No Same as Last Act: 02/06/08 referred to transportation
S189	LARKIN -- Requires the suspending of pay of tenured teachers upon the conviction of a felony for possessing certain child sexual performance materials or promotion thereof Same as A 123 Last Act: 02/06/08 2ND REPORT CAL.
S1096	SALAND -- Relates to involuntary transfer of violent or disruptive pupils Same as A 5763 Last Act: 02/06/08 2ND REPORT CAL.
S3175B	VOLKER -- Relates to providing services for exploited children No Same as Last Act: 02/06/08 2ND REPORT CAL.
S6875A	SKELOS -- Protects people who use the internet from convicted sex offenders Same as A 9859-A Last Act: 02/06/08 2ND REPORT CAL.
S6907	LANZA -- Provides that certain sex offenders who are released on parole may not enter public, association or free libraries No Same as Last Act: 02/06/08 REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

Last Action Date: 02/07/08(Results Count = )
Bill No.
A9813	Lentol (MS) -- Establishes criminal penalties for defrauding a vulnerable elderly person as defined in subdivision three of section 260.30 of the penal law No Same as Last Act: 02/07/08 advanced to third reading cal.697
A9818	Silver (MS) -- Relates to physically injuring persons older than sixty-five No Same as Last Act: 02/07/08 advanced to third reading cal.698
S1899A	SAMPSON -- Establishes procedure for the suspension and revocation of license to carry and possess firearm if carrying while under the influence of alcohol or drugs No Same as Last Act: 02/07/08 AMEND AND RECOMMIT TO CODES 02/07/08 PRINT NUMBER 1899A
S6908	NOZZOLIO -- Directs the division of parole to maintain a current list of all inmates due to appear before a parole board No Same as Last Act: 02/07/08 REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
S6912	YOUNG -- Includes in class A misdemeanor of dissemination of an unlawful surveillance image in the second degree, dissemination of image to porn website without consent No Same as Last Act: 02/07/08 REFERRED TO CODES

Last Action Date: 02/08/08(Results Count = )
Bill No.
A9974	Schimminger (MS) -- Relates to the collection of DNA samples of designated offenders, the preservation of biological evidence and establishes the commission of exoneration review; repealer Same as S 6726 Last Act: 02/08/08 referred to correction
S1921A	ROBACH -- Creates specific computer crimes as well as increasing penalties for crimes committed with the aid of a computer No Same as Last Act: 02/08/08 AMEND AND RECOMMIT TO CODES 02/08/08 PRINT NUMBER 1921A

Full post as published by New York Supreme Court Criminal Term Library on February 11, 2008 (boomark / email).