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: New York Supreme Court Criminal Term Library

New York Legislature: Activity Report for Week Ending June 7, 2009 - Penal Law

By David Badertscher, PLL

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Source: New York Legislative Retrieval System (LRS), Search run June 7, 2009.

No chapter laws reported as signed during this period:

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.
A8622	Zebrowski (MS) -- Relates to educating children on the harms of electronically sending and posting certain images of themselves Same as S 5680 Last Act: 05/29/09 referred to codes

Last Action Date: 06/01/09(Results Count = )
Bill No.
A180A	Latimer (MS) -- Increases penalties for vandalism to a house of worship or theft of a house of worship Same as S 1909-B Last Act: 06/01/09 amend and recommit to codes 06/01/09 print number 180a
A2534	Calhoun -- Designates as peace officers, the uniformed court officers of the town court of the town of New Windsor Same as S 1149-A Last Act: 06/01/09 REFERRED TO CODES
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: 06/01/09 REFERRED TO CODES
A4110A	Brodsky (MS) -- Requires disclosure of environmental conservation permit applicant's record of compliance with state, federal, and foreign environmental regulations No Same as Last Act: 06/01/09 amended on third reading 4110a
A4743	Englebright (MS) -- Provides for a financial exploitation prevention outreach, education and training program and fund Same as S 4990 Last Act: 06/01/09 REFERRED TO AGING
A6532B	Ortiz (MS) -- Defines necessary court appearance for purposes of determination of crime victim's award Same as S 4405-A Last Act: 06/01/09 RETURNED TO ASSEMBLY
A8637	Latimer -- Designates employees of the village of Port Chester serving as court attendants at the village of Port Chester court facilities as peace officers Same as S 5730 Last Act: 06/01/09 referred to codes
S1149A	LARKIN -- Designates as peace officers, the uniformed court officers of the town court of the town of New Windsor Same as A 2534 Last Act: 06/01/09 AMEND AND RECOMMIT TO CODES 06/01/09 PRINT NUMBER 1149A
S3655	BRESLIN -- Relates to the licensure of life settlement brokers; creates certain crimes relating to life settlement fraud; relates to premium finance agreements; repealer Same as A 7131 Last Act: 06/01/09 REPORTED AND COMMITTED 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: 06/01/09 ADVANCED TO THIRD READING
S4766	ADDABBO -- Increases the real property tax exemption for Cold War veterans Same as A 7422-A Last Act: 06/01/09 referred to ways and means
S5582	DIAZ -- Enacts the Senior Anti-Violence and Enforcement Act No Same as Last Act: 06/01/09 REPORTED AND COMMITTED TO CODES
S5721	VALESKY -- Relates to disposition of fine money from conditional license holders and the distribution of mandatory surcharge for alcohol related offenses Same as A 8299 Last Act: 06/01/09 REFERRED TO TRANSPORTATION
S5730	OPPENHEIMER -- Designates employees of the village of Port Chester serving as court attendants at the village of Port Chester court facilities as peace officers Same as A 8637 Last Act: 06/01/09 REFERRED TO CODES

Last Action Date: 06/02/09(Results Count = )
Bill No.
A232	Thiele -- Provides that a person may be guilty of the crime disorderly conduct when he makes unreasonable noise which is disturbing to one or more persons Same as Uni. S 231 Last Act: 06/02/09 held for consideration in codes
A750	McDonough (MS) -- Establishes the crimes of unlawful intentional viewing in the third, second and first degrees No Same as Last Act: 06/02/09 held for consideration in codes
A751	McDonough (MS) -- Creates the crime of evading arrest or detention No Same as Last Act: 06/02/09 held for consideration in codes
A1696	Englebright (MS) -- Makes provisions regarding environmental benefit projects in lieu of civil penalties No Same as Last Act: 06/02/09 reported referred to ways and means
A1782	Calhoun (MS) -- Prohibits the sale or display to minors of indecent materials No Same as Last Act: 06/02/09 held for consideration in codes
A1784	Calhoun (MS) -- Provides additional minimum sentence for conviction of crimes committed while possessing a firearm No Same as Last Act: 06/02/09 held for consideration in codes
A1870A	Pheffer (MS) -- Authorizes family and supreme courts to issue orders of protection for the protection of witnesses Same as S 5421 Last Act: 06/02/09 reported referred to rules
A1878	Calhoun (MS) -- Makes the use of a firearm, shotgun, rifle, or machine gun during the commission of a crime a class A-II felony; repealer No Same as Last Act: 06/02/09 held for consideration in codes
A1880	Calhoun (MS) -- Requires persons who commit crimes while on release to serve maximum sentence No Same as Last Act: 06/02/09 held for consideration in codes
A2217	Calhoun (MS) -- Authorizes a court to order blood testing of persons charged with violent felony offenses No Same as Last Act: 06/02/09 held for consideration in codes
A2274	Reilich (MS) -- Creates and defines the new crime of aggressive driving as a class E felony; establishes minimum one year sentence when court imposes alternative definite sentence No Same as Last Act: 06/02/09 held for consideration in codes
A3094A	Benjamin (MS) -- Requires criminal prosecution where shoddy construction work results in serious physical injury or death of a person Same as S 2489-A Last Act: 06/02/09 amend (t) and recommit to governmental operations 06/02/09 print number 3094a
A3344	Crouch (MS) -- Clarifies that licenses for handguns may be issued to non-resident individuals No Same as Last Act: 06/02/09 held for consideration in codes
A3875	Walker (MS) -- Permits denial of bail or release in certain cases involving dangerous crimes or to protect jurors, witnesses or evidence; repealer No Same as Last Act: 06/02/09 held for consideration in codes
A3898	Raia (MS) -- Provides for denial of recognizance or bail in certain cases Same as S 2608 Last Act: 06/02/09 held for consideration in codes
A3963	Crouch (MS) -- Creates the crime of agri-bioterrorism No Same as Last Act: 06/02/09 held for consideration in codes
A3971	Raia (MS) -- Provides for mandatory imprisonment and plea restrictions for offenses victimizing the elderly and physically disabled Same as S 4773 Last Act: 06/02/09 held for consideration in codes
A4898	Calhoun -- Designates as peace officers, the uniformed court officers of the town court of the town of New Windsor No Same as Last Act: 06/02/09 enacting clause stricken
A4920A	John -- Increases unemployment insurance benefits Same as S 4053-A Last Act: 06/02/09 reported referred to ways and means
A5074	Giglio (MS) -- Eliminates limit on aggregate term of a definite sentence of imprisonment when convicted of aggravated harassment in the second degree No Same as Last Act: 06/02/09 held for consideration in codes
A5392	McKevitt (MS) -- Prohibits the sale of police insignia No Same as Last Act: 06/02/09 held for consideration in codes
A5527	McKevitt (MS) -- Increases fees for probation services No Same as Last Act: 06/02/09 held for consideration in codes
A5537A	O'Donnell (MS) -- Relates to loitering; repealer Same as S 4593-A Last Act: 06/02/09 reported referred to rules
A5594	Oaks (MS) -- Makes it a ministerial process to amend a license to carry or possess a firearm No Same as Last Act: 06/02/09 held for consideration in 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: 06/02/09 held for consideration in 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: 06/02/09 held for consideration in 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 Last Act: 06/02/09 held for consideration in codes
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: 06/02/09 held for consideration in codes
A6240	Barra -- Increases from 5% to 15% the restitution collection agency designated surcharge No Same as Last Act: 06/02/09 held for consideration in 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: 06/02/09 held for consideration in codes
A6487A	Aubry -- Relates to the expansion of merit time; repealer Same as Uni. S 2932-A Last Act: 06/02/09 amend (t) and recommit to correction 06/02/09 print number 6487a
A6528	Lentol (MS) -- Relates to forensic DNA testing and to requests for certain DNA test comparisons Same as S 4668 Last Act: 06/02/09 reported referred to ways and means
A6584	Burling (MS) -- Establishes the crimes of criminal possession of criminally diverted prescription medication and devices in the fifth, fourth, third, second and first degrees No Same as Last Act: 06/02/09 held for consideration in codes
A7030	Saladino -- Records of sex offense cases of juvenile delinquents and youthful offenders where victim was a minor shall be open to public inspection No Same as Last Act: 06/02/09 held for consideration in codes
A7082	Walker (MS) -- Provides that certain retired law enforcement officers are not required to obtain a permit in order to possess a firearm No Same as Last Act: 06/02/09 held for consideration in codes
A7238	Finch (MS) -- Grants uniformed marine patrol officers in Cayuga county peace officer status Same as S 3270 Last Act: 06/02/09 reported referred to rules
A7271	Boyle (MS) -- Establishes a rewards program for individuals who provide relevant information to the office of the Medicaid inspector general that leads to the detection and conviction of persons engaging in Medicaid fraud No Same as Last Act: 06/02/09 held for consideration in health
A7542	Gottfried (MS) -- Provides for medical use of marihuana Same as S 4041-A Last Act: 06/02/09 reported referred to ways and means
A7779	Rosenthal -- Relates to the duties of the municipal police training council Same as S 5224 Last Act: 06/02/09 reported referred to rules
A7957A	Lentol -- Relates to peace officer training; repealer No Same as Last Act: 06/02/09 reported referred to ways and means
A8147	Gottfried (MS) -- Provides limitations on use of evidence obtained in connection with a person seeking or receiving health care for a drug overdose Same as S 5191 Last Act: 06/02/09 reported referred to rules
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: 06/02/09 reported referred to rules
A8649	Christensen (MS) -- Designates civil deputies of the Onondaga county sheriff's department as peace officers Same as S 5741 Last Act: 06/02/09 referred to codes
A8650	Gianaris (MS) -- Provides that when a driving under the influence of alcohol offender is sentenced to probation, a condition shall be alcohol and controlled substance monitoring No Same as Last Act: 06/02/09 referred to transportation
A8654	Miller -- Relates to the definition of child sexual abuse as it pertains to an educational setting No Same as Last Act: 06/02/09 referred to education
A8655	Schimminger (MS) -- Requires committing to custody of sheriff a person against whom a verified statement has been filed alleging the intimidation of a victim or a witness while on bail Same as S 1805 Last Act: 06/02/09 referred to codes
S1293A	MONTGOMERY -- Establishes the department of corrections shall provide an inmate, upon his or her discharge, with educational information about the prevention of HIV Same as A 8384-A Last Act: 06/02/09 AMENDED ON THIRD READING 1293A
S1347	DUANE -- Makes various provisions relating to rent-to-own sales practices and disclosure requirements for rental-purchase agreements Same as A 7746 Last Act: 06/02/09 REPORTED AND COMMITTED TO CODES
S2950A	KLEIN -- Relates to preliminary procedures, petitions and special provisions regarding abandoned infants; repealer No Same as Last Act: 06/02/09 REPORTED AND COMMITTED TO CODES
S4983	FOLEY -- Prohibits the use of certain toxic chemicals for lawn and grounds maintenance Same as A 7937 Last Act: 06/02/09 REPORTED AND COMMITTED TO CODES
S5737	KLEIN -- Enacts provisions providing protection to employees from retaliatory actions by employers where such employees report illegal business activities Same as A 7144-A Last Act: 06/02/09 REFERRED TO LABOR
S5740	MONTGOMERY -- Makes certain technical amendments with respect to merit time Same as A 8421 Last Act: 06/02/09 REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

Last Action Date: 06/03/09(Results Count = )
Bill No.
A722A	Galef (MS) -- Increases the purchasing age for tobacco and tobacco products from 18 years of age to 19 years of age No Same as Last Act: 06/03/09 amend and recommit to codes 06/03/09 print number 722a
A856A	Thiele -- Designates certain William Floyd school district security officers as peace officers Same as Uni. S 375-A Last Act: 06/03/09 amend (t) and recommit to codes 06/03/09 print number 856a
A2313	McEneny (MS) -- Enacts provisions relating to the reporting of child abuse No Same as Last Act: 06/03/09 reported referred to codes
A4632A	Thiele -- Relates to granting peace officer status to uniformed members of the fire marshall's office in the village of Southampton Same as Uni. S 1718-A Last Act: 06/03/09 amend (t) and recommit to codes 06/03/09 print number 4632a
A4633A	Thiele -- Designates employees of the village court of the village of Westhampton Beach serving as uniformed court officers as peace officers; repealer Same as Uni. S 1719-A Last Act: 06/03/09 amend (t) and recommit to codes 06/03/09 print number 4633a
A5311A	Sayward -- Designates the village of Lake George seasonal constables as peace officers Same as Uni. S 2146-A Last Act: 06/03/09 amend (t) and recommit to codes 06/03/09 print number 5311a
A5709A	Conte (MS) -- Designates uniformed officers of the fire marshal's office of the town of Huntington as peace officers Same as Uni. S 2407-A Last Act: 06/03/09 amend (t) and recommit to codes 06/03/09 print number 5709a
A7144A	Benedetto (MS) -- Enacts provisions providing protection to employees from retaliatory actions by employers where such employees report illegal business activities Same as S 5737 Last Act: 06/03/09 ordered to third reading rules cal.63
A8051A	Lancman -- Enacts the "diplomatic immunity notification act" Same as S 5222-A Last Act: 06/03/09 amend and recommit to codes 06/03/09 print number 8051a
A8421	Weinstein (MS) -- Makes certain technical amendments with respect to merit time Same as S 5740 Last Act: 06/03/09 ordered to third reading rules cal.76
S375A	LAVALLE -- Designates certain William Floyd school district security officers as peace officers Same as Uni. A 856-A Last Act: 06/03/09 AMEND (T) AND RECOMMIT TO CODES 06/03/09 PRINT NUMBER 375A
S1718A	LAVALLE -- Relates to granting peace officer status to uniformed members of the fire marshall's office in the village of Southampton Same as Uni. A 4632-A Last Act: 06/03/09 AMEND (T) AND RECOMMIT TO CODES 06/03/09 PRINT NUMBER 1718A
S1719A	LAVALLE -- Designates employees of the village court of the village of Westhampton Beach serving as uniformed court officers as peace officers Same as Uni. A 4633-A Last Act: 06/03/09 AMEND (T) AND RECOMMIT TO CODES 06/03/09 PRINT NUMBER 1719A
S1832	KLEIN -- Requires insurers to provide victims of domestic violence with the option of providing alternative contact information Same as A 4052 Last Act: 06/03/09 ADVANCED TO THIRD READING
S2146A	LITTLE -- Designates the village of Lake George seasonal constables as peace officers Same as Uni. A 5311-A Last Act: 06/03/09 AMEND (T) AND RECOMMIT TO CODES 06/03/09 PRINT NUMBER 2146A
S2407A	FLANAGAN -- Designates uniformed officers of the fire marshal's office of the town of Huntington as peace officers Same as Uni. A 5709-A Last Act: 06/03/09 AMEND (T) AND RECOMMIT TO CODES 06/03/09 PRINT NUMBER 2407A
S2932A	MONTGOMERY -- Relates to the expansion of merit time; repealer Same as Uni. A 6487-A Last Act: 06/03/09 ADVANCED TO THIRD READING
S4366A	HASSELL-THOMPSON -- Relates to certificates of relief from disabilities and certificates of good conduct Same as A 3664-A Last Act: 06/03/09 AMENDED ON THIRD READING 4366A
S5741	DEFRANCISCO -- Designates civil deputies of the Onondaga county sheriff's department as peace officers Same as A 8649 Last Act: 06/03/09 REFERRED TO CODES

Last Action Date: 06/04/09(Results Count = )
Bill No.
A2262A	Stirpe (MS) -- Relates to penalties for persons leaving the scene of a boating accident Same as S 1610-A Last Act: 06/04/09 REFERRED TO FINANCE
A2596A	Markey (MS) -- Extends the statute of limitations in criminal and civil actions for certain sex offenses committed against a child less than eighteen years of age No Same as Last Act: 06/04/09 amended on third reading 2596a
A3664A	Aubry (MS) -- Relates to certificates of relief from disabilities and certificates of good conduct Same as S 4366-A Last Act: 06/04/09 amended on third reading 3664a
A3766	Aubry -- Provides inmates the opportunity to obtain a general equivalency diploma Same as S 4793 Last Act: 06/04/09 3RD READING CAL.521
A3812A	Scarborough (MS) -- Requires the recording of all calls made to the statewide central register of child abuse and maltreatment No Same as Last Act: 06/04/09 amend and recommit to ways and means 06/04/09 print number 3812a
A6468A	Schimel (MS) -- Requires semiautomatic pistols manufactured or delivered to any licensed dealer in this state to be capable of microstamping ammunition Same as S 4397-A Last Act: 06/04/09 amended on third reading 6468a
A8333A	Boyle -- Grants uniform members of the bureau of fire prevention of the town of Islip peace officer status No Same as Last Act: 06/04/09 amend (t) and recommit to codes 06/04/09 print number 8333a
A8384A	Peoples -- Establishes the department of corrections shall provide an inmate, upon his or her discharge, with educational information about the prevention of HIV Same as S 1293-A Last Act: 06/04/09 amend and recommit to correction 06/04/09 print number 8384a
A8732	Ortiz (MS) -- Establishes the violation of unlawful downloading of intellectual property No Same as Last Act: 06/04/09 referred to codes
S1610A	VALESKY -- Relates to penalties for persons leaving the scene of a boating accident Same as A 2262-A Last Act: 06/04/09 ADVANCED TO THIRD READING
S1838	KLEIN -- Requires certain persons to report financial exploitation of the elderly in violation of the penal law and provides for a cause of action for failure to do so; repealer Same as A 3918 Last Act: 06/04/09 ADVANCED TO THIRD READING
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: 06/04/09 ADVANCED TO THIRD READING
S1909B	KLEIN -- Increases penalties for vandalism to a house of worship or theft of a house of worship Same as A 180-A Last Act: 06/04/09 ADVANCED TO THIRD READING
S3764	PARKER -- Includes within the class D felony of assault in the second degree, the intentional causing of physical injury to a station cleaner or terminal cleaner Same as A 5307 Last Act: 06/04/09 ADVANCED TO THIRD READING
S4397A	SCHNEIDERMAN -- Requires semiautomatic pistols manufactured or delivered to any licensed dealer in this state to be capable of microstamping ammunition Same as A 6468-A Last Act: 06/04/09 ADVANCED TO THIRD READING
S4456A	SCHNEIDERMAN -- Requires employees of dealers in firearms and gunsmiths to submit to a criminal background check No Same as Last Act: 06/04/09 AMEND (T) AND RECOMMIT TO CODES 06/04/09 PRINT NUMBER 4456A
S4593A	SCHNEIDERMAN -- Relates to when a person is guilty of loitering; repealer Same as A 5537-A Last Act: 06/04/09 ADVANCED TO THIRD READING
S4617	ONORATO -- Provides that a conditional discharge imposed by the court for making graffiti shall include a minimum of five hundred hours of community service No Same as Last Act: 06/04/09 REFERRED TO LOCAL GOVERNMENT
S4753A	SERRANO -- Prohibits the possession of concealed firearms in any park, campground or other recreation area Same as A 7183-B Last Act: 06/04/09 REPORTED AND COMMITTED TO CODES
S4793	MONTGOMERY -- Provides inmates the opportunity to obtain a general equivalency diploma Same as A 3766 Last Act: 06/04/09 SUBSTITUTED BY A3766 06/04/09 3RD READING CAL.521
S4990	FOLEY -- Provides for a financial exploitation prevention outreach, education and training program and fund Same as A 4743 Last Act: 06/04/09 ADVANCED TO THIRD READING
S5224	SCHNEIDERMAN -- Relates to the duties of the municipal police training council Same as A 7779 Last Act: 06/04/09 2ND REPORT CAL.
S5492	OPPENHEIMER -- Relates to involuntary transfer of violent or disruptive pupils No Same as Last Act: 06/04/09 ADVANCED TO THIRD READING
S5620	DUANE -- Relates to hypodermic syringes and the lawful possession of such syringes Same as A 8396 Last Act: 06/04/09 ADVANCED TO THIRD READING

Last Action Date: 06/05/09(Results Count = )
Bill No.
A3755A	Robinson (MS) -- Creates a temporary state commission to study sexual misconduct in state correctional facilities; repealer Same as Uni. S 1340-A Last Act: 06/05/09 amend and recommit to correction 06/05/09 print number 3755a
A8739	Markey -- Extends the statute of limitations in criminal and civil actions for certain sex offenses committed against a child less than eighteen years of age No Same as Last Act: 06/05/09 referred to codes
A8757	Kavanagh -- Relates to the content of statements of campaign receipts, contributions, transfers and expenditures to and by political committees Same as S 5545 Last Act: 06/05/09 referred to election law
S1340A	MONTGOMERY -- Creates a temporary state commission to study sexual misconduct in state correctional facilities; repealer Same as Uni. A 3755-A Last Act: 06/05/09 AMEND AND RECOMMIT TO FINANCE 06/05/09 PRINT NUMBER 1340A
S5222A	KRUEGER -- Enacts the "diplomatic immunity notification act" Same as A 8051-A Last Act: 06/05/09 AMEND AND RECOMMIT TO INVESTIGATIONS AND GOVERNMENT OPERATIONS 06/05/09 PRINT NUMBER 5222A
S5808	STEWART-COUSINS -- Enacts the "reproductive health act"; repealer No Same as Last Act: 06/05/09 REFERRED TO RULES

Full post as published by New York Supreme Court Criminal Term Library on June 08, 2009 (boomark / email).