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Legal Research

: New York Supreme Court Criminal Term Library

New York Legislature: Activity Report for Week Ending February 17, 2008

By David Badertscher, PLL

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Source: New York Legislative Retrieval System (LRS), February 17, 2008.

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

CORRECTIONS LAW:

Bill No.
A6455A	John (MS) -- Provides that an offender who fails to register or verify as a sex offender shall have the length of such failure to register or verify added to the duration of registration No Same as Last Act: 02/11/08 amend and recommit to correction 02/11/08 print number 6455a
S5047	FUSCHILLO -- Prohibits the use of inmate labor to access, collect or process personal information Same as A 69 Last Act: 02/11/08 ADVANCED TO THIRD READING
S6920	MAZIARZ -- Requires certain registered sex offenders to vote by absentee ballot where the assigned polling place is a school Same as A 9699 Last Act: 02/11/08 REFERRED TO CODES
S6930	GRIFFO -- Establishes the violent felony offender registration act No Same as Last Act: 02/11/08 REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

Last Action Date: 02/12/08(Results Count = )
Bill No.
A1898B	Gunther (MS) -- Restricts consecutive hours of required work by nurses; does not prohibit a nurse from voluntarily working overtime Same as S 6342 Last Act: 02/12/08 reported referred to ways and means
A9996	Hoyt (MS) -- Enacts the refund anticipation loan act No Same as Last Act: 02/12/08 referred to ways and means
S6875A	SKELOS -- Protects people who use the internet from convicted sex offenders Same as A 9859-A Last Act: 02/12/08 referred to correction
S6907A	LANZA -- Provides that certain sex offenders who are released on parole or sentenced to probation may not enter public, association or free libraries No Same as Last Act: 02/12/08 AMEND (T) AND RECOMMIT TO CRIME VICTIMS, CRIME AND CORRECTION 02/12/08 PRINT NUMBER 6907A

Last Action Date: 02/13/08(Results Count = )
Bill No.
S690A	FLANAGAN -- Makes certain technical amendments to provisions of law requiring employers to check the sex offender registry prior to filling certain employment positions Same as A 8570-A Last Act: 02/13/08 2ND REPORT CAL.
S1772A	SKELOS -- Expands the information that will be maintained on sex offenders by the division of criminal justice services No Same as Last Act: 02/13/08 AMEND AND RECOMMIT TO CRIME VICTIMS, CRIME AND CORRECTION 02/13/08 PRINT NUMBER 1772A
S5474	MORAHAN -- Relates to imposing stricter penalties for certain sexual offenses; repealer No Same as Last Act: 02/13/08 2ND REPORT CAL.
S6747	VOLKER -- Enacts the "child sexual abuse and exploitation prevention act of 2008"; repealer No Same as Last Act: 02/13/08 2ND REPORT CAL.
S6825A	LANZA -- Provides for family members of a crime victim and interested parties to make statements to members of the parole board No Same as Last Act: 02/13/08 2ND REPORT CAL.

CRIMINAL PROCEDURE LAW:

Bill No.
A2185A	Abbate (MS) -- Grants police officer status for members of the Triborough bridge and tunnel authority; repealer Same as Uni. S 1062-A BLURB : CP L. police officer status Last Act: 02/01/08 amend and recommit to codes 02/01/08 print number 2185a
S1062A	MALTESE -- Grants police officer status for members of the Triborough bridge and tunnel authority; repealer Same as Uni. A 2185-A BLURB : CP L. police officer status Last Act: 02/01/08 AMEND AND RECOMMIT TO CODES 02/01/08 PRINT NUMBER 1062A

Last Action Date: 02/11/08(Results Count = )
Bill No.
A1741	Englebright (MS) -- Authorizes district attorney to petition for posting of security when animal is impounded as result of abuse Same as Uni. S 865 BLURB : Ag & Mkts. security: seizure Last Act: 02/11/08 REFERRED TO AGRICULTURE
A6455A	John (MS) -- Provides that an offender who fails to register or verify as a sex offender shall have the length of such failure to register or verify added to the duration of registration No Same as BLURB : Cor. sex offender; failure to reg Last Act: 02/11/08 amend and recommit to correction 02/11/08 print number 6455a
A9975	Bradley -- Requires that individuals convicted of certain animal cruelty and animal fighting offenses reimburse the organizations caring for such animals Same as Uni. S 6942 BLURB : Ag & Mkts. anmal cruelty restitut Last Act: 02/11/08 referred to agriculture
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: 02/11/08 referred to codes
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: 02/11/08 referred to codes
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: 02/11/08 ADVANCED TO THIRD READING
S6924	PADAVAN -- Provides for special accidental death benefits for district attorney investigator members Same as A 9959 BLURB : Gen Mun. DA investigator members Last Act: 02/11/08 REFERRED TO CIVIL SERVICE & PENSIONS
S6925	LANZA -- Allows certain members employed by department of taxation and finance to retire without reduction of benefits upon completing 25 or more years of service Same as A 9897 BLURB : R & SS. dept of tax & finance Last Act: 02/11/08 REFERRED TO CIVIL SERVICE & PENSIONS
S6926	LANZA -- Relates to performance of duty disability retirement of certain peace officers and police officers in the state department of taxation and finance Same as A 9896 BLURB : R & SS. peace offrs; dept tax/fin Last Act: 02/11/08 REFERRED TO CIVIL SERVICE & PENSIONS
S6930	GRIFFO -- Establishes the violent felony offender registration act No Same as BLURB : Cor. est vlnt flny offdr reg act Last Act: 02/11/08 REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
S6942	LEIBELL -- Requires that individuals convicted of certain animal cruelty and animal fighting offenses reimburse the organizations caring for such animals Same as Uni. A 9975 BLURB : Ag & Mkts. anmal cruelty restitut Last Act: 02/11/08 REFERRED TO AGRICULTURE

Last Action Date: 02/12/08(Results Count = )
Bill No.
A370	Magnarelli (MS) -- Establishes mandatory reporting of alleged incidents of abuse, mistreatment or neglect of residents in adult care facilities Same as S 1916 BLURB : Soc Serv. mand reporting of abuse Last Act: 02/12/08 reported referred to codes
A4605A	Espaillat (MS) -- Requires orders of protection issued in family court or in cases of family offenses in criminal court to be in the native language of the petitioner and respondent No Same as BLURB : Fam Ct. protectn order; nativlang Last Act: 02/12/08 reported referred to codes
A5829	John (MS) -- Relates to the presumption of certain diseases contracted by certain public employees Same as S 4828 BLURB : Work C. pub empl contract disease Last Act: 02/12/08 reported referred to ways and means
A8628	Weinstein (MS) -- Provides procedure for violations of orders of protection Same as S 5887 BLURB : Fam Ct. orders protect; viol. of Last Act: 02/12/08 reported referred to codes
A8634C	Pheffer (MS) -- Provides consumers who are victims of domestic violence with a free security freeze report upon request No Same as BLURB : Gen Bus L. scrty freeze; dom vctm Last Act: 02/12/08 amend and recommit to consumer affairs and protection 02/12/08 print number 8634c
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: 02/12/08 referred to codes
S6949	LAVALLE -- Relates to the powers granted to appointed campus security officers Same as A 9271 BLURB : Ed L. pwrs apptd cmps sec grds Last Act: 02/12/08 REFERRED TO HIGHER EDUCATION

Last Action Date: 02/13/08(Results Count = )
Bill No.
A9998	Pretlow (MS) -- Relates to racing corporations and associations; simulcasting and imposition of certain taxes Same as Uni. S 6950 BLURB : RWB. racing corporations Last Act: 02/13/08 delivered to governor
S432A	SKELOS -- Makes provisions with respect to sexual assault against a child by a person in a position of trust No Same as BLURB : Pen L. sexual abuse, child Last Act: 02/13/08 2ND REPORT CAL.
S675A	RATH -- Nixzmary's law; establishes the class A-I felony of aggravated murder of a child and the class B felony of aggravated manslaughter of a child; repealer No Same as BLURB : Pen L. Nixzmary's Law Last Act: 02/13/08 2ND REPORT CAL.
S1703A	ROBACH -- Relates to aggravated unlicensed operation of a motor vehicle Same as A 3998-A BLURB : CP L. vehicular assault & manslg Last Act: 02/13/08 2ND REPORT CAL.
S1772A	SKELOS -- Expands the information that will be maintained on sex offenders by the division of criminal justice services No Same as BLURB : Cor. sex offender information Last Act: 02/13/08 AMEND AND RECOMMIT TO CRIME VICTIMS, CRIME AND CORRECTION 02/13/08 PRINT NUMBER 1772A
S2374	SKELOS -- Extends statute of limitation for commencing criminal case when DNA evidence is recovered at a crime scene but the evidence does not match anyone in the DNA index No Same as BLURB : CPL. stat. lim. DNA evidence Last Act: 02/13/08 2ND REPORT CAL.
S3314A	PADAVAN -- 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 A 5961-A BLURB : R & SS. optional ret. program Last Act: 02/13/08 2ND REPORT CAL.
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: 02/13/08 2ND REPORT CAL.
S5474	MORAHAN -- Relates to imposing stricter penalties for certain sexual offenses; repealer No Same as BLURB : Pen L. sexual offenses; penalties Last Act: 02/13/08 2ND REPORT CAL.
S6747	VOLKER -- Enacts the "child sexual abuse and exploitation prevention act of 2008"; repealer No Same as BLURB : CP L. chld sxl abse & expltn pvtn Last Act: 02/13/08 2ND REPORT CAL.
S6825A	LANZA -- Provides for family members of a crime victim and interested parties to make statements to members of the parole board No Same as BLURB : CP L. fam and int pty state to p Last Act: 02/13/08 2ND REPORT CAL.
S6950	BRUNO -- Relates to racing corporations and associations; simulcasting and imposition of certain taxes Same as Uni. A 9998 BLURB : RWB. racing corporations Last Act: 02/13/08 SUBSTITUTED BY A9998 02/13/08 delivered to governor

Last Action Date: 02/14/08(Results Count = )
Bill No.
A9433A	Lentol -- Establishes the crimes of home invasion in the first, second, and third degrees No Same as BLURB : Pen L. home invasion Last Act: 02/14/08 amend and recommit to codes 02/14/08 print number 9433a

JUDICIARY LAW:

Bill No.
S4426	WINNER -- Provides education department with wage reporting information for purposes of compliance with federal requirements No Same as Last Act: 02/11/08 referred to ways and means

Last Action Date: 02/13/08(Results Count = )

Bill No.

S2358

FUSCHILLO -- Changes the penalty for practicing or appearing as an attorney-at-law without being admitted and registered to a felony
Same as A 8563
Last Act: 02/13/08 2ND REPORT CAL.

Old Bill: S1865 of 2006

Old Bill Last Act: 02/13/06 referred to judiciary

S6958

FLANAGAN -- Provides for accumulated child support arrears equivalent to or greater than ten thousand dollars to be punishable as a class E felony
Same as A 9622
Last Act: 02/13/08 REFERRED TO JUDICIARY

PENAL LAW:

Bill No.
A9983	Lafayette -- Provides that it is a class D felony for a caregiver to have non-consensual sex with a vulnerable elderly person; repealer No Same as Last Act: 02/11/08 referred to codes
S90	PADAVAN -- Expands the scope of the crime of trademark counterfeiting in the first degree Same as A 1844 Last Act: 02/11/08 referred to codes
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: 02/11/08 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: 02/11/08 referred to codes
S618	MARCELLINO -- Increases the penalty for crime of criminally negligent homicide Same as A 7321 Last Act: 02/11/08 referred to codes
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: 02/11/08 referred to codes
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: 02/11/08 referred to codes
S1096	SALAND -- Relates to involuntary transfer of violent or disruptive pupils Same as A 5763 Last Act: 02/11/08 ADVANCED TO THIRD READING
S1117	LITTLE -- Increases penalties for hazing Same as A 2607 Last Act: 02/11/08 referred to codes
S6920	MAZIARZ -- Requires certain registered sex offenders to vote by absentee ballot where the assigned polling place is a school Same as A 9699 Last Act: 02/11/08 REFERRED TO CODES
S6923	LITTLE -- Authorizes an applicant for a pistol or revolver license to possess such while attending a pre-license firearms safety course No Same as Last Act: 02/11/08 REFERRED TO CODES

Last Action Date: 02/12/08(Results Count = )
Bill No.
A370	Magnarelli (MS) -- Establishes mandatory reporting of alleged incidents of abuse, mistreatment or neglect of residents in adult care facilities Same as S 1916 Last Act: 02/12/08 reported referred to codes
A4867B	Gottfried (MS) -- Provides for medical use of marihuana No Same as Last Act: 02/12/08 reported referred to codes
A8628	Weinstein (MS) -- Provides procedure for violations of orders of protection Same as S 5887 Last Act: 02/12/08 reported referred to codes
A8634C	Pheffer (MS) -- Provides consumers who are victims of domestic violence with a free security freeze report upon request No Same as Last Act: 02/12/08 amend and recommit to consumer affairs and protection 02/12/08 print number 8634c
A9725	Lentol -- Adds certain crimes to the definition of criminal act for the purposes of the penal law article relating to enterprise corruption Same as S 6764 Last Act: 02/12/08 reported
A9993	Giglio -- Creates crimes for disruption of funerals Same as S 305 Last Act: 02/12/08 referred to codes
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: 02/12/08 referred to codes
S637	SKELOS -- Establishes the class E felony of unlawful procurement of clients, patients or customers Same as A 58 Last Act: 02/12/08 referred to codes
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: 02/12/08 referred to codes
S3175B	VOLKER -- Relates to providing services for exploited children No Same as Last Act: 02/12/08 referred to social services
S6875A	SKELOS -- Protects people who use the internet from convicted sex offenders Same as A 9859-A Last Act: 02/12/08 referred to correction
S6907A	LANZA -- Provides that certain sex offenders who are released on parole or sentenced to probation may not enter public, association or free libraries No Same as Last Act: 02/12/08 AMEND (T) AND RECOMMIT TO CRIME VICTIMS, CRIME AND CORRECTION 02/12/08 PRINT NUMBER 6907A
S6949	LAVALLE -- Relates to the powers granted to appointed campus security officers Same as A 9271 Last Act: 02/12/08 REFERRED TO HIGHER EDUCATION

Last Action Date: 02/13/08(Results Count = )
Bill No.
A9998	Pretlow (MS) -- Relates to racing corporations and associations; simulcasting and imposition of certain taxes Same as Uni. S 6950 Last Act: 02/13/08 delivered to governor
S257	MAZIARZ -- Defines the crime of surreptitious surveillance; rebuttable presumption that such surveillance under certain conditions is for no legitimate purpose No Same as Last Act: 02/13/08 2ND REPORT CAL.
S421A	LARKIN -- Includes charity poker as a game of chance that charitable organizations may conduct at local option and provides for the regulation thereof Same as A 7201-A Last Act: 02/13/08 2ND REPORT CAL.
S432A	SKELOS -- Makes provisions with respect to sexual assault against a child by a person in a position of trust No Same as Last Act: 02/13/08 2ND REPORT CAL.
S675A	RATH -- Nixzmary's law; establishes the class A-I felony of aggravated murder of a child and the class B felony of aggravated manslaughter of a child; repealer No Same as Last Act: 02/13/08 2ND REPORT CAL.
S703C	NOZZOLIO -- Adds communication by means of a "computer network" to aggravated harassment in the second degree Same as A 2784-B Last Act: 02/13/08 2ND REPORT CAL.
S832	FLANAGAN -- Relates to adding the abuse of a person less than thirteen years old by a person eighteen years old or older to the aggravated sexual abuse crimes Same as A 6169 Last Act: 02/13/08 2ND REPORT CAL.
S1116B	LITTLE -- Provides that an elementary or secondary student shall not have capacity to consent to sexual conduct with a school employee Same as A 7671 Last Act: 02/13/08 2ND REPORT CAL.
S1696	ROBACH -- Authorizes the court to order sexual offenders on probation to terms of imprisonment which run consecutively to sentences already being served No Same as Last Act: 02/13/08 2ND REPORT CAL.
S1703A	ROBACH -- Relates to aggravated unlicensed operation of a motor vehicle Same as A 3998-A Last Act: 02/13/08 2ND REPORT CAL.
S2323	RATH -- Creates the crime of facilitating a sex offense through electronic communication Same as A 5883 Last Act: 02/13/08 2ND REPORT CAL.
S2733	SEWARD -- Relates to confidentiality of information contained in pistol license applications No Same as Last Act: 02/13/08 2ND REPORT CAL.
S4053	LANZA -- Provides that a person who impersonates another by internet or electronic communication shall be guilty of a crime Same as A 8252 Last Act: 02/13/08 2ND REPORT CAL.
S5153	FUSCHILLO -- Establishes a person is guilty of grand larceny in the fourth degree when he or she steals property and is in possession of an anti-security item Same as A 9094 Last Act: 02/13/08 2ND REPORT CAL.
S5474	MORAHAN -- Relates to imposing stricter penalties for certain sexual offenses; repealer No Same as Last Act: 02/13/08 2ND REPORT CAL.
S5617	LANZA -- Relates to the crime of endangering the welfare of a child Same as A 9119 Last Act: 02/13/08 2ND REPORT CAL.
S6499	SKELOS -- Adds etching, painting, drawing, or otherwise placing or displaying a noose, a symbol of racism and intimidation, on real property to aggravated harassment Same as A 9480 Last Act: 02/13/08 2ND REPORT CAL.
S6701	VOLKER -- Relates to the unlawful sale of alcohol to an underage person No Same as Last Act: 02/13/08 2ND REPORT CAL.
S6747	VOLKER -- Enacts the "child sexual abuse and exploitation prevention act of 2008"; repealer No Same as Last Act: 02/13/08 2ND REPORT CAL.
S6777	YOUNG -- Creates the offense of cyberbullying on a computer network No Same as Last Act: 02/13/08 2ND REPORT CAL.
S6825A	LANZA -- Provides for family members of a crime victim and interested parties to make statements to members of the parole board No Same as Last Act: 02/13/08 2ND REPORT CAL.
S6950	BRUNO -- Relates to racing corporations and associations; simulcasting and imposition of certain taxes Same as Uni. A 9998 Last Act: 02/13/08 SUBSTITUTED BY A9998 02/13/08 delivered to governor
S6958	FLANAGAN -- Provides for accumulated child support arrears equivalent to or greater than ten thousand dollars to be punishable as a class E felony Same as A 9622 Last Act: 02/13/08 REFERRED TO JUDICIARY

Last Action Date: 02/14/08(Results Count = )
Bill No.
A9433A	Lentol -- Establishes the crimes of home invasion in the first, second, and third degrees No Same as Last Act: 02/14/08 amend and recommit to codes 02/14/08 print number 9433a

Full post as published by New York Supreme Court Criminal Term Library on February 19, 2008 (boomark / email).