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Legal Research

: New York Supreme Court Criminal Term Library

New York Legislature: Activity Report 2-20 - 3-02-2008

By David Badertscher, PLL

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Source: New York Legislative Retrieval System (LRS), Search Run March 2, 2008.

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

CORRECTIONS LAW:

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 No Same as Last Act: 02/25/08 ADVANCED TO THIRD READING
S5474	MORAHAN -- Relates to imposing stricter penalties for certain sexual offenses; repealer No Same as Last Act: 02/25/08 ADVANCED TO THIRD READING
S6747	VOLKER -- Enacts the "child sexual abuse and exploitation prevention act of 2008"; repealer No Same as Last Act: 02/25/08 ADVANCED TO THIRD READING
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: 02/25/08 ADVANCED TO THIRD READING

Last Action Date: 02/26/08(Results Count = )
Bill No.
A3126	Weinstein (MS) -- Requires that rehabilitation programs for female inmates in state correctional facilities be equivalent to those provided to male inmates elsewhere in the state No Same as Last Act: 02/26/08 REFERRED TO HEALTH
A10063	Tobacco -- 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: 02/26/08 referred to codes
A10064	Tedisco (MS) -- Relates to the procedure for determining whether a person shall be released on parole No Same as Last Act: 02/26/08 referred to codes
S5047	FUSCHILLO -- Prohibits the use of inmate labor to access, collect or process personal information Same as A 69 Last Act: 02/26/08 referred to consumer affairs and protection
S7007	FARLEY -- Provides for searches of records for sex offense convictions of volunteer firefighters and emergency medical technicians Same as A 5721 Last Act: 02/26/08 REFERRED TO FINANCE
S7012	VOLKER -- Enacts the "voting rights notification and registration act" Same as A 554 Last Act: 02/26/08 REFERRED TO ELECTIONS

Last Action Date: 02/27/08(Results Count = )
Bill No.
A3787	Gottfried (MS) -- Provides for review by the department of health of policies and practices regarding HIV, AIDS and HCV at correctional facilities No Same as Last Act: 02/27/08 delivered to senate
A8488A	Titone -- Creates the crime of luring a child No Same as Last Act: 02/27/08 amend (t) and recommit to codes 02/27/08 print number 8488a
S243	MORAHAN -- Requires a detailed written explanation for the release of an inmate from prison No Same as Last Act: 02/27/08 2ND REPORT CAL.
S266	ALESI -- Restricts level three sex offenders from residing within one quarter mile of any school or licensed day care facility Same as A 1662 Last Act: 02/27/08 2ND REPORT CAL.
S385	YOUNG -- Authorizes the employment of state and local work release inmates by not-for-profit organizations and public service projects Same as A 3294 Last Act: 02/27/08 2ND REPORT CAL.
S437	SKELOS -- Requires sex offenders to annually return a verification form to the division of criminal justice services Same as A 8417 Last Act: 02/27/08 2ND REPORT CAL.
S438	SKELOS -- Makes the failure of a sex offender to register or verify pursuant to sex offender registration act, or working on an ice cream truck a class D felony No Same as Last Act: 02/27/08 2ND REPORT CAL.
S912	DEFRANCISCO -- Establishes a class D felony for sex offenders who fail to register or verify and is found at locations where children often frequent Same as A 9115 Last Act: 02/27/08 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: 02/27/08 2ND REPORT CAL.
S3612	NOZZOLIO -- Provides for the electronic transmission of notification of the release of an inmate convicted of a felony No Same as Last Act: 02/27/08 2ND REPORT CAL.
S5450	NOZZOLIO -- Permits correction officers to be color blind Same as A 9072 Last Act: 02/27/08 2ND REPORT CAL.
S5669A	SALAND -- Relates to the protection of pupils in educational settings from abuse and maltreatment, and requiring the fingerprinting of school bus drivers No Same as Last Act: 02/27/08 AMEND (T) AND RECOMMIT TO EDUCATION 02/27/08 PRINT NUMBER 5669A

Last Action Date: 02/28/08(Results Count = )
Bill No.
A8570B	Englebright -- Makes certain technical amendments to provisions of law requiring employers to check the sex offender registry prior to filling certain employment positions No Same as Last Act: 02/28/08 amend (t) and recommit to health 02/28/08 print number 8570b
S7024	LANZA -- Creates standards for the licensing and registry of security guards No Same as Last Act: 02/28/08 REFERRED TO CITIES

Last Action Date: 02/29/08(Results Count = )
Bill No.
A10091	Spano (MS) -- Requires drivers licenses issued to registered sex offenders to bear a code identifying them as sex offenders No Same as Last Act: 02/29/08 referred to correction

CRIMINAL PROCEDURE LAW:

Bill No.
A6060A	Weinstein (MS) -- Authorizes issuance of an order of protection against any member of the same family or household Same as S 6783 BLURB : Fam Ct. protect from dom violnc Last Act: 02/22/08 amend and recommit to judiciary 02/22/08 print number 6060a

Last Action Date: 02/25/08(Results Count = )
Bill No.
A6584A	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 3753-A BLURB : Exec. ban gender idnty discrimntn Last Act: 02/25/08 amend and recommit to governmental operations 02/25/08 print number 6584a
S675B	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: 02/25/08 ADVANCED TO THIRD READING
S1703A	ROBACH -- Relates to aggravated unlicensed operation of a motor vehicle Same as A 3998-A BLURB : CP L. vehicular assault & manslg Last Act: 02/25/08 ADVANCED TO THIRD READING
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: 02/25/08 ADVANCED TO THIRD READING
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: 02/25/08 ADVANCED TO THIRD READING
S5474	MORAHAN -- Relates to imposing stricter penalties for certain sexual offenses; repealer No Same as BLURB : Pen L. sexual offenses; penalties Last Act: 02/25/08 ADVANCED TO THIRD READING
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: 02/25/08 ADVANCED TO THIRD READING
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: 02/25/08 ADVANCED TO THIRD READING

Last Action Date: 02/26/08(Results Count = )
Bill No.
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: 02/26/08 reported referred to codes
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: 02/26/08 reported referred to codes
A9964	Abbate -- Provides alternative retirement benefits for state liquor authority peace officers Same as S 6683 BLURB : R & SS. liq auth retirmt. Last Act: 02/26/08 reported referred to ways and means
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: 02/26/08 reported referred to ways and means
A10063	Tobacco -- 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: 02/26/08 referred to codes
A10064	Tedisco (MS) -- Relates to the procedure for determining whether a person shall be released on parole No Same as BLURB : Exec. parole release; procedure Last Act: 02/26/08 referred to codes
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: 02/26/08 referred to codes
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: 02/26/08 referred to codes
S3753A	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 6584-A BLURB : Exec. ban gender idnty discrimntn Last Act: 02/26/08 AMEND AND RECOMMIT TO INVESTIGATIONS AND GOVERNMENT OPERATIONS 02/26/08 PRINT NUMBER 3753A
S7012	VOLKER -- Enacts the "voting rights notification and registration act" Same as A 554 BLURB : Elect. voting rights notification Last Act: 02/26/08 REFERRED TO ELECTIONS

Last Action Date: 02/27/08(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: 02/27/08 ordered to third reading rules cal.35
A10076	Lavine -- Relates to increasing sentences for class B armed violent felonies No Same as BLURB : Pen L. armed violent felon; incre Last Act: 02/27/08 referred to codes
S243	MORAHAN -- Requires a detailed written explanation for the release of an inmate from prison No Same as BLURB : Exec. detailed written expln rels Last Act: 02/27/08 2ND REPORT CAL.
S438	SKELOS -- Makes the failure of a sex offender to register or verify pursuant to sex offender registration act, or working on an ice cream truck a class D felony No Same as BLURB : Cor. sex offender: fail register Last Act: 02/27/08 2ND REPORT CAL.
S912	DEFRANCISCO -- Establishes a class D felony for sex offenders who fail to register or verify and is found at locations where children often frequent Same as A 9115 BLURB : Cor. sx ofnd regstr verif Last Act: 02/27/08 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: 02/27/08 2ND REPORT CAL.
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: 02/27/08 2ND REPORT CAL.
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: 02/27/08 2ND REPORT CAL.
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: 02/27/08 2ND REPORT CAL.
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: 02/27/08 2ND REPORT CAL.
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: 02/27/08 2ND REPORT CAL.
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: 02/27/08 2ND REPORT CAL.
S6988	VOLKER -- Permits department of law investigators to retire upon completion of 25 years of creditable service, regardless of age Same as A10004 BLURB : R & SS. dept of law; investigator Last Act: 02/27/08 2ND REPORT CAL.

Last Action Date: 02/28/08(Results Count = )
Bill No.
A9391A	Abbate -- Relates to dispute resolution during collective bargaining with a public employer and detective-investigators, criminal investigators or rackets investigators Same as S 6403 BLURB : Civ Serv. dispute resolution; cov Last Act: 02/28/08 advanced to third reading cal.734

Last Action Date: 02/29/08(Results Count = )
Bill No.
A10093	Rosenthal (MS) -- Banning the use of cages to confine egg-laying hens No Same as BLURB : Ag & Mkts. bn cgs cnf hns Last Act: 02/29/08 referred to agriculture
S7029	KLEIN -- Designates as peace officers with certain powers, police officers, inspectors and special agents of the U.S. department of homeland security federal protective service No Same as BLURB : CP L. desg pece off DHS pol of Last Act: 02/29/08 REFERRED TO CODES

JUDICIARY LAW:

Bill No.

A2419

DelMonte (MS) -- Requires police officers and district attorneys to receive certain training and instruction with respect to crimes involving sexual assault
Same as S 5426
Last Act: 02/25/08 REFERRED TO FINANCE

Old Bill: A11671 of 2006

Old Bill Last Act: 06/19/06 REFERRED TO RULES

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: 02/25/08 ADVANCED TO THIRD READING

Old Bill: S1865 of 2006

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

Last Action Date: 02/26/08(Results Count = )

Bill No.

A2992

Weinstein (MS) -- Requires brokers who receive monies in a fiduciary capacity to deposit such monies in an interest on broker account
No Same as
Last Act: 02/26/08 REFERRED TO FINANCE

Old Bill: A11662 of 2006

Old Bill Last Act: 06/23/06 REFERRED TO RULES

PENAL LAW:

Bill No.
S6979	GOLDEN -- Relates to physically injuring persons older than sixty-five Same as A 9818 Last Act: 02/20/08 REFERRED TO CODES

Last Action Date: 02/22/08(Results Count = )
Bill No.
A6060A	Weinstein (MS) -- Authorizes issuance of an order of protection against any member of the same family or household Same as S 6783 Last Act: 02/22/08 amend and recommit to judiciary 02/22/08 print number 6060a
A10017	Lentol -- Relates to the unlawful sale of alcohol to an underage person No Same as Last Act: 02/22/08 referred to codes

Last Action Date: 02/25/08(Results Count = )
Bill No.
A5513B	Paulin (MS) -- Provides for the crime of non-support of a child where the age of the child is less than eighteen years, increased from sixteen years No Same as Last Act: 02/25/08 amend and recommit to codes 02/25/08 print number 5513b
A6011C	Pretlow (MS) -- Relates to assaults on traffic enforcement agents and makes certain technical corrections No Same as Last Act: 02/25/08 amend (t) and recommit to codes 02/25/08 print number 6011c
A6584A	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 3753-A Last Act: 02/25/08 amend and recommit to governmental operations 02/25/08 print number 6584a
A9309A	Gordon T -- Establishes felony offenses relating to endangering the welfare of an incompetent or physically disabled person No Same as Last Act: 02/25/08 amended on third reading (t) 9309a
S45A	MAZIARZ -- Expands application of additional penalties for repeat driving while intoxicated offenses to vehicular drug related offenses No Same as Last Act: 02/25/08 referred to transportation
S85	PADAVAN -- Establishes the crimes of possession of a counterfeit trademark in the first, second and third degrees Same as A 1843 Last Act: 02/25/08 referred to codes
S257A	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: 02/25/08 ADVANCED TO THIRD READING
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: 02/25/08 ADVANCED TO THIRD READING
S675B	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: 02/25/08 ADVANCED TO THIRD READING
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: 02/25/08 referred to codes
S1270	DEFRANCISCO -- Relates to the disqualification of joint tenants or beneficiaries No Same as Last Act: 02/25/08 referred to judiciary
S1703A	ROBACH -- Relates to aggravated unlicensed operation of a motor vehicle Same as A 3998-A Last Act: 02/25/08 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: 02/25/08 referred to consumer affairs and protection
S2323A	RATH -- Creates the crime of facilitating a sex offense through electronic communication Same as A 5883-A Last Act: 02/25/08 ADVANCED TO THIRD READING
S2733	SEWARD -- Relates to confidentiality of information contained in pistol license applications No Same as Last Act: 02/25/08 ADVANCED TO THIRD READING
S5474	MORAHAN -- Relates to imposing stricter penalties for certain sexual offenses; repealer No Same as Last Act: 02/25/08 ADVANCED TO THIRD READING
S6701	VOLKER -- Relates to the unlawful sale of alcohol to an underage person No Same as Last Act: 02/25/08 ADVANCED TO THIRD READING
S6747	VOLKER -- Enacts the "child sexual abuse and exploitation prevention act of 2008"; repealer No Same as Last Act: 02/25/08 ADVANCED TO THIRD READING
S6777	YOUNG -- Creates the offense of cyberbullying on a computer network No Same as Last Act: 02/25/08 ADVANCED TO THIRD READING
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: 02/25/08 ADVANCED TO THIRD READING

Last Action Date: 02/26/08(Results Count = )
Bill No.
A8634C	Pheffer (MS) -- Provides consumers who are victims of domestic violence with a free security freeze report upon request No Same as Last Act: 02/26/08 reported referred to codes
A9480	Lentol (MS) -- 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 S 6499 Last Act: 02/26/08 RETURNED TO ASSEMBLY
A10063	Tobacco -- 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: 02/26/08 referred to codes
A10064	Tedisco (MS) -- Relates to the procedure for determining whether a person shall be released on parole No Same as Last Act: 02/26/08 referred to codes
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: 02/26/08 referred to codes
S703C	NOZZOLIO -- Adds communication by means of a "computer network" to aggravated harassment in the second degree Same as A 2784-B Last Act: 02/26/08 referred to codes
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: 02/26/08 referred to codes
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: 02/26/08 referred to judiciary
S3753A	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 6584-A Last Act: 02/26/08 AMEND AND RECOMMIT TO INVESTIGATIONS AND GOVERNMENT OPERATIONS 02/26/08 PRINT NUMBER 3753A
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: 02/26/08 referred to codes
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: 02/26/08 SUBSTITUTED BY A9480 02/26/08 RETURNED TO ASSEMBLY
S7007	FARLEY -- Provides for searches of records for sex offense convictions of volunteer firefighters and emergency medical technicians Same as A 5721 Last Act: 02/26/08 REFERRED TO FINANCE

Last Action Date: 02/27/08(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: 02/27/08 ordered to third reading rules cal.35
A8488A	Titone -- Creates the crime of luring a child No Same as Last Act: 02/27/08 amend (t) and recommit to codes 02/27/08 print number 8488a
A10076	Lavine -- Relates to increasing sentences for class B armed violent felonies No Same as Last Act: 02/27/08 referred to codes
S243	MORAHAN -- Requires a detailed written explanation for the release of an inmate from prison No Same as Last Act: 02/27/08 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: 02/27/08 referred to codes
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: 02/27/08 referred to codes
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: 02/27/08 referred to codes
S5617	LANZA -- Relates to the crime of endangering the welfare of a child Same as A 9119 Last Act: 02/27/08 referred to codes
S5669A	SALAND -- Relates to the protection of pupils in educational settings from abuse and maltreatment, and requiring the fingerprinting of school bus drivers No Same as Last Act: 02/27/08 AMEND (T) AND RECOMMIT TO EDUCATION 02/27/08 PRINT NUMBER 5669A
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: 02/27/08 2ND REPORT CAL.

Last Action Date: 02/28/08(Results Count = )
Bill No.
A9819A	Schimel -- Requires semiautomatic pistols manufactured or delivered to any licensed dealer in this state to be capable of microstamping ammunition; repealer No Same as Last Act: 02/28/08 amend (t) and recommit to codes 02/28/08 print number 9819a
S7024	LANZA -- Creates standards for the licensing and registry of security guards No Same as Last Act: 02/28/08 REFERRED TO CITIES

Last Action Date: 02/29/08(Results Count = )
Bill No.
A8182A	McDonough -- Authorizes a person to use physical force, including deadly physical force in defense of a person, in defense of a premises or in defense of a dwelling, residence or vehicle; repealer No Same as Last Act: 02/29/08 amend and recommit to codes 02/29/08 print number 8182a
A10093	Rosenthal (MS) -- Banning the use of cages to confine egg-laying hens No Same as Last Act: 02/29/08 referred to agriculture
S7029	KLEIN -- Designates as peace officers with certain powers, police officers, inspectors and special agents of the U.S. department of homeland security federal protective service No Same as Last Act: 02/29/08 REFERRED TO CODES

Full post as published by New York Supreme Court Criminal Term Library on March 03, 2008 (boomark / email).