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: New York Supreme Court Criminal Term Library

New York Legislature: Activity Report for Week Ending January 11, 2009

By David Badertscher, PLL

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Source: New York Legislative Retrieval System, January 13, 2009.

This report includes selected bills from the previous session that are being reintroduced under new bill numbers:

CRIMINAL PROCEDURE LAW::

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 the appropriate bill number.

Bill No.
A156	Budget -- Enacts into law major components of legislation necessary to implement the public protection and general government budget for the 2009 - 2010 state fiscal year Same as Uni. S 56 BLURB : Budgbi PPGG article 7 Last Act: 01/07/09 referred to ways and means
A158	Budget -- Enacts into law major components of legislation necessary to implement the health and mental hygiene budget for the 2009-2010 state fiscal plan Same as Uni. S 58 BLURB : Budgbi HMH Art. vii Last Act: 01/07/09 referred to ways and means
A160	Budget -- Enacts into law major components of legislation which are necessary to implement the state fiscal plan for the 2009-2010 state fiscal year Same as Uni. S 60 BLURB : Budg. Rev Last Act: 01/07/09 referred to ways and means
A179	Pheffer (MS) -- Imposes criminal responsibility on juvenile offenders for felony murders resulting from the attempt to commit juvenile offenses No Same as BLURB : CP L. juv offndr: felon murder Last Act: 01/07/09 referred to codes
A182	Christensen -- Enacts Erin's law No Same as BLURB : Pen L. enacts Erin's law Last Act: 01/07/09 referred to codes
A236	Greene -- Establishes a drug treatment alternative to incarceration for certain offenders; appropriation No Same as BLURB : Cor. drug treat. alt. cert off. Last Act: 01/07/09 referred to corporations, authorities and commissions
A239	Magnarelli (MS) -- Provides for an increase in criminal penalties for acts of cruelty to animals No Same as BLURB : Ag & Mkts. penalty for cruelty Last Act: 01/07/09 referred to agriculture
A245	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: 01/07/09 referred to codes
A258	Peralta (MS) -- Relates to clarifying definitions of "illegal money transmission" and "money laundering"; and relates to penalties for unlicensed money transmitters No Same as BLURB : Bank. illegal money transmission Last Act: 01/07/09 referred to banks
A267	Peralta (MS) -- Provides for alternative disposition of forfeiture proceeds derived from persons who are members of a "street gang", as defined Same as S 69 BLURB : CPLR. forfeiture, dispositn gang Last Act: 01/07/09 referred to codes
A282	Pheffer (MS) -- Provides for the establishment of a New York city liquor authority to license and regulate the retail alcoholic beverage business in the city No Same as BLURB : ABC. NYC liquor authority Last Act: 01/07/09 referred to economic development
A423	Seminerio -- Provides for mandatory five year period of imprisonment for persons convicted of committing any crime with the use of a firearm; repealer No Same as BLURB : Pen L. mandatory jail;crime w/gun Last Act: 01/07/09 referred to codes
A486	Cahill (MS) -- Provides for the temporary surrender of firearms where an individual may be a danger to himself or herself or others Same as S 63 BLURB : Pen L. temp. surr. firearms Last Act: 01/07/09 referred to codes
A511	Kavanagh (MS) -- Authorizes defendants to make electronic appearances in pending criminal actions No Same as BLURB : CP L. elctr appearnce; crim actns Last Act: 01/07/09 referred to codes
A512	Kavanagh -- Requires police identification line-ups to be conducted sequentially No Same as BLURB : CP L. sequential line-ups Last Act: 01/07/09 referred to codes
A513	Kavanagh -- Requires all interrogations to be videotaped No Same as BLURB : CP L. videotaping interrogations Last Act: 01/07/09 referred to codes
A524	Destito -- Designates dog control officers of the city of Utica as peace officers for purposes of enforcing certain provisions of the agriculture and markets law No Same as BLURB : CP L. Utica dog cntrol; peace off Last Act: 01/07/09 referred to codes
A548	Jacobs (MS) -- Allows certain uniformed personnel serving in foreign countries on behalf of the United States the same protection as other public employees serving in the military No Same as BLURB : Mil L. pub ees service military Last Act: 01/07/09 referred to governmental operations
A550	Jeffries -- Allows the waiver of a jury trial upon consent by the defendant and the prosecution in certain instances No Same as BLURB : CP L. waiver of jury trial Last Act: 01/07/09 referred to codes
A559	Kavanagh -- Relates to the preparation of water supply emergency plans No Same as BLURB : Pub Heal. water supply emerg plan Last Act: 01/07/09 referred to health
A583	Cahill (MS) -- Provides eligibility for benefits for injuries sustained while performing the high risk duties of law enforcement No Same as BLURB : Gen Mun. hi risk duties standard Last Act: 01/07/09 referred to governmental employees
A602	Cahill -- Relates to permitting all state-paid uniformed court officers to execute bench warrants No Same as BLURB : CP L. bench warrants; ct officers Last Act: 01/07/09 referred to codes
A628	Paulin (MS) -- Establishes penalties for failure to provide a DNA sample and failure to register or verify as a sex offender No Same as BLURB : Pen L. pnlts fail DNA; SORA Last Act: 01/07/09 referred to codes
A668	Magnarelli (MS) -- Establishes mandatory reporting of alleged incidents of abuse, mistreatment or neglect of residents in adult care facilities No Same as BLURB : Soc Serv. mand reporting of abuse Last Act: 01/07/09 referred to health
A737	Gunther (MS) -- Designates security hospital treatment assistants in the office of mental health as peace officers No Same as BLURB : CP L. des. peace officers Last Act: 01/07/09 referred to codes
A749	McDonough (MS) -- Requires testing of criminal defendants and juveniles for transmissible disease in certain cases; facilitates voluntary testing of crime victims No Same as BLURB : CP L. trans. dis. test Last Act: 01/07/09 referred to codes
A753	McDonough (MS) -- Abolishes the criminal statute of limitations for sexual offenses committed against children No Same as BLURB : CP L. st lmtns; child sex ofnses Last Act: 01/07/09 referred to codes
A754	Paulin (MS) -- Directs the court to consider certain factors when determining the issuance of an order for recognizance or bail No Same as BLURB : CP L. factors recognizance bail Last Act: 01/07/09 referred to codes
A776	Paulin (MS) -- Provides clarification on determining the expiration date of an order of protection issued in relation to a family offense No Same as BLURB : CP L. ord protect exp date Last Act: 01/07/09 referred to codes
A801	Paulin (MS) -- Requires the renewal of firearms licenses after five years and the taking of a safety course outside the city of New York No Same as BLURB : Pen L. renew firearms lics. 5 yrs Last Act: 01/07/09 referred to codes
A804	Paulin (MS) -- Provides for the imposition, at local option, of a probation administrative fee upon persons on probation for a crime of domestic violence No Same as BLURB : Exec. prbatn fee dom. viol. crime Last Act: 01/07/09 referred to governmental operations
A821	DelMonte (MS) -- Relates to plea bargains in felony sex offense cases; provides that certain pleas shall result in certain minimum punishments No Same as BLURB : CP L. pleas sex offense cases Last Act: 01/07/09 referred to codes
A827	DelMonte -- Relates to the denial of bail for persons charged with DWI in certain instances No Same as BLURB : CP L. DWI/DWAI denial bail Last Act: 01/07/09 referred to codes
A841	Gunther (MS) -- Sets forth procedures to be followed in the event a sex offender fails to mail a signed verification within twenty calendar days of mailing by DCJS No Same as BLURB : Cor. sex offender verificatn Last Act: 01/07/09 referred to correction
A842	Gunther (MS) -- Provides for the impoundment and forfeiture of machinery, motor vehicles, aircraft and equipment after a previous conviction of illegally harvesting timber No Same as BLURB : En Con L. forfeit timber equipmen Last Act: 01/07/09 referred to environmental conservation
A856	Thiele -- Designates certain William Floyd school district security officers as peace officers; repealer Same as Uni. S 375 BLURB : CP L. security gds Will Flyd sd Last Act: 01/07/09 referred to codes
A900	DelMonte -- Makes the act of menacing with a deadly weapon, dangerous instrument or firearm the class E felony of menacing in the first degree No Same as BLURB : Pen L. menacing: weapon, dngr ins Last Act: 01/07/09 referred to codes
A946	McDonough (MS) -- Requires electronic monitoring for certain sex offenders No Same as BLURB : Cor. elctrnc mntrng crtn sx ofndr Last Act: 01/07/09 referred to correction
A949	McDonough (MS) -- Increases the penalties where a person stands convicted of possession of alcoholic beverages in a motor vehicle for consumption No Same as BLURB : ABC. al. bev. mot. veh. lic Last Act: 01/07/09 referred to economic development
A998	Paulin (MS) -- Increases the penalty for multiple convictions of torturing or failing to provide sustenance to an animal No Same as BLURB : Ag & Mkts. penalty torture animal Last Act: 01/07/09 referred to agriculture
A1027	Hooper -- Authorizes certain counties to impose taxes on cigarettes, cigars and tobacco products No Same as BLURB : Tax. cigarette tax; certn countie Last Act: 01/07/09 referred to ways and means
A1061	Bing (MS) -- Requires that certain information be printed on appearance tickets for alleged traffic infractions No Same as BLURB : CP L. appearance tickets Last Act: 01/07/09 referred to codes
A1063	Destito (MS) -- Provides for enhanced supervision of sex offenders and penalties for their failure to register or verify as required by law No Same as BLURB : Cor. sex offender supervision Last Act: 01/07/09 referred to correction
A1070	Destito (MS) -- Provides that sentence for commission of certain provisions of murder in the first degree is death or life without parole No Same as BLURB : Pen L. murder 1st: sentence Last Act: 01/07/09 referred to codes
A1092	McDonough (MS) -- Authorizes a sentence of life imprisonment without parole for serial and multiple sex offenders No Same as BLURB : Pen L. life w/o parole sex offen Last Act: 01/07/09 referred to codes
A1093	Paulin (MS) -- Requires the creation and imposition of restrictive commercial practices and stringent recordkeeping and reporting to prevent gun sales to criminals No Same as BLURB : Gen Bus L. prevent gun sale crim Last Act: 01/07/09 referred to economic development
A1095	Rabbitt (MS) -- Makes sex offenders 13 or older, juvenile delinquents, juvenile offenders, youthful offenders, subject to the sex offender registry No Same as BLURB : Cor. sex offndr regis 13 & older Last Act: 01/07/09 referred to correction
A1168	Seminerio -- Regulates drug testing of police officers No Same as BLURB : Lab. police drug test Last Act: 01/07/09 referred to labor
A1176	Seminerio -- Requires the district attorney to notify all victims of case disposition No Same as BLURB : CP L. notice to victim; case disp Last Act: 01/07/09 referred to codes
A1188	Thiele -- Increases from twenty-four to sixty months, the time for which reconsideration for parole shall be determined Same as Uni. S 425 BLURB : Exec. reconsideration for parole Last Act: 01/07/09 referred to correction
A1194	Destito (MS) -- Grants certain powers to certain officers of the United States No Same as BLURB : CP L. powers to certain fed offic Last Act: 01/07/09 referred to codes
A1216	Destito (MS) -- Authorizing paid leave for certain police and peace officers who are absent on military duty No Same as BLURB : Mil L. paid leave,cert.policeoffs Last Act: 01/07/09 referred to governmental employees
A1225	McDonough (MS) -- Requires notification to a non-custodial parent when their minor child is the victim of violence and/or sexual abuse and when the custodial parent of such child is arrested No Same as BLURB : Exec. cust par noti req Last Act: 01/07/09 referred to children and families
A1230	Seminerio -- Authorizes the paddling of juvenile delinquents thirteen years of age or older and youthful offenders found to have committed acts of graffiti No Same as BLURB : Fam Ct. paddle; jd graffiti Last Act: 01/07/09 referred to codes
S27	FUSCHILLO -- Creates the ignition interlock and mandatory probation program; makes an appropriation therefor No Same as BLURB : V & T L. ign int mndt prb Last Act: 01/07/09 REFERRED TO FINANCE
S31	FUSCHILLO -- Provides for the regulation of conduct on school property and at school-authorized activities No Same as BLURB : Ed L. school-authorized activity Last Act: 01/07/09 REFERRED TO EDUCATION
S37	FUSCHILLO -- Increases the penalties for criminal impersonation in the first and second degrees No Same as BLURB : Pen L. criminal impersonation Last Act: 01/07/09 REFERRED TO CODES
S56	BUDGET -- Enacts into law major components of legislation necessary to implement the public protection and general government budget for the 2009 - 2010 state fiscal year Same as Uni. A 156 BLURB : Budgbi PPGG article 7 Last Act: 01/07/09 REFERRED TO FINANCE
S58	BUDGET -- Enacts into law major components of legislation necessary to implement the health and mental hygiene budget for the 2009-2010 state fiscal year Same as Uni. A 158 BLURB : Budgbi HMH Art. vii Last Act: 01/07/09 REFERRED TO FINANCE
S60	BUDGET -- Enacts into law major components of legislation which are necessary to implement the state fiscal plan for the 2009-2010 state fiscal year Same as Uni. A 160 BLURB : Budg. Rev Last Act: 01/07/09 REFERRED TO FINANCE
S63	SAMPSON -- Provides for the temporary surrender of firearms where an individual may be a danger to himself or herself or others Same as A 486 BLURB : Pen L. temp. surr. firearms Last Act: 01/07/09 REFERRED TO CODES
S69	SAMPSON -- Provides for alternative disposition of forfeiture proceeds derived from persons who are members of a "street gang", as defined Same as A 267 BLURB : CPLR. forfeiture, dispositn gang Last Act: 01/07/09 REFERRED TO CODES
S72	SAMPSON -- Creates the crime of aggravated criminal conduct No Same as BLURB : Pen L. aggravated crim conduct Last Act: 01/07/09 REFERRED TO CODES
S73	VOLKER -- Provides fees for possession of firearms are waived for retired federal law enforcement officers No Same as BLURB : Pen L. fee for poss of gun for re Last Act: 01/07/09 REFERRED TO CODES
S80	VOLKER -- Designates the sergeant-at-arms and the assistant sergeants-at-arms of the senate and assembly as peace officers No Same as BLURB : CP L. sergeant at arms; pce ofcrs Last Act: 01/07/09 REFERRED TO CODES
S110	SAMPSON -- Provides an oral or written statement of an accused shall be inadmissible as evidence against such accused unless a recording is made of the interrogation No Same as BLURB : CP L. interogtn statmt recording Last Act: 01/07/09 REFERRED TO CODES
S116	SAMPSON -- Requires any person who is convicted of a felony, a misdemeanor or a youthful offender shall be a designated offender and required to submit to DNA testing No Same as BLURB : Exec. DNA test misdemr felony Last Act: 01/07/09 REFERRED TO FINANCE
S132	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: 01/07/09 REFERRED TO CODES
S150	SAMPSON -- Limits plea bargaining for misdemeanor and felony charges No Same as BLURB : CP L. limits plea bargaining Last Act: 01/07/09 REFERRED TO CODES
S164	KRUGER -- Limits the period of time in which a defendant against whom a misdemeanor complaint is pending in a local criminal court may be held in custody No Same as BLURB : CP L. misdnr custody: limit Last Act: 01/07/09 REFERRED TO CODES
S180	VOLKER -- Designates certain employees of the department of motor vehicles as police officers No Same as BLURB : CP L. dmv emplyees; police ofcrs Last Act: 01/07/09 REFERRED TO CODES
S208	KRUGER -- Increases the penalty for witness and jury tampering No Same as BLURB : Pen L. inc penlty wtns/jry tampr Last Act: 01/07/09 REFERRED TO CODES
S289	LITTLE -- Prohibits the use of unmarked police vehicles to routinely stop motorists for vehicle and traffic law violations, with exceptions No Same as BLURB : V & T L. unmarked police Last Act: 01/07/09 REFERRED TO TRANSPORTATION
S297	LITTLE -- Requires level 3 sex offenders be subject to lifetime probation and to submit to yearly polygraphic examinations while on parole or probation No Same as BLURB : Cor. 3 sex offndr. probation Last Act: 01/07/09 REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
S342	KRUGER -- Regulates the sale of ammunition No Same as BLURB : Gen Bus L. sale of ammunition Last Act: 01/07/09 REFERRED TO CONSUMER PROTECTION
S347	KRUGER -- Provides for establishment of gun court calendars in criminal courts No Same as BLURB : CP L. gun court calendars Last Act: 01/07/09 REFERRED TO CODES
S375	LAVALLE -- Designates certain William Floyd school district security officers as peace officers; repealer Same as Uni. A 856 BLURB : CP L. security gds Will Flyd sd Last Act: 01/07/09 REFERRED TO CODES
S425	LAVALLE -- Increases from twenty-four to sixty months, the time for which reconsideration for parole shall be determined Same as Uni. A 1188 BLURB : Exec. reconsideration for parole Last Act: 01/07/09 REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
S456	KRUGER -- Defines the term "auxiliary police officer" No Same as BLURB : CP L. assault on aux.police def Last Act: 01/07/09 REFERRED TO CODES
S483	LANZA -- Establishes the class D felony of criminal street gang recruitment on school grounds No Same as BLURB : Pen L. crim. street gang recruit Last Act: 01/07/09 REFERRED TO CODES
S515	LANZA -- Requires individuals who have an order of protection issued against them to wear an electronic monitoring device No Same as BLURB : CP L. dom viol elec monitor devic Last Act: 01/07/09 REFERRED TO CODES

Full post as published by New York Supreme Court Criminal Term Library on January 13, 2009 (boomark / email).