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: New York Supreme Court Criminal Term Library

New York Legislature: Activity Report for Week Ending January 18, 2009 - Penal Law

By David Badertscher, PLL

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Source: New York Legislative Retrieval System (LRS), Search run January 18, 2009.

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 bill number exactly as listed:

PENAL LAW:

Bill No.
A1289	Wright -- Creates crime of tampering with a taximeter No Same as Last Act: 01/07/09 referred to codes
A1307	Wright -- Relates to an order of recognizance or bail No Same as Last Act: 01/07/09 referred to codes
A1326	Englebright (MS) -- Proscribes persons, firms or corporations engaged in retail business of selling firearms from selling, delivering or transferring child operated firearms No Same as Last Act: 01/07/09 referred to codes
A1328	Pheffer -- Enacts the "anti-organized retail theft act" Same as S 29 Last Act: 01/07/09 referred to codes
A1330	Schimel -- Designates as peace officers, employees of the Nassau county correctional facility, who are not correction officers, but temporarily perform the duties thereof No Same as Last Act: 01/07/09 referred to codes
A1331	Rabbitt (MS) -- Grants all security hospital treatment assistants peace officer status No Same as Last Act: 01/07/09 referred to codes
A1332	Rabbitt (MS) -- Adds respondent to person who may be charged with crime of aggravated harassment of an employee by an inmate No Same as Last Act: 01/07/09 referred to codes
A1339	Wright (MS) -- Relates to identity theft; petitions for determination of factual innocence, issuance of identity theft passports and identity theft credit reports No Same as Last Act: 01/07/09 referred to codes
A1342	Colton -- Increases penalty for leaving scene of an accident without reporting to class E felony No Same as Last Act: 01/07/09 referred to transportation
A1400	Wright (MS) -- Defines as aggravated harassment in the third degree photographing persons entering or leaving reproductive health care services facilities No Same as Last Act: 01/07/09 referred to codes
A1408	Wright (MS) -- Provides for funding for a sound basic education No Same as Last Act: 01/07/09 referred to racing and wagering
A1420	Wright (MS) -- Establishes the crime of obtaining identity by electronic fraud No Same as Last Act: 01/07/09 referred to codes
A1431	Wright -- Provides that buildings housing ATMs are included within covered buildings for purposes of the crime of burglary in the second degree No Same as Last Act: 01/07/09 referred to codes
A1450	Wright (MS) -- Relates to bias related criminal activity No Same as Last Act: 01/07/09 referred to codes
A1452	Wright (MS) -- Eliminates the imposition of the death penalty for conviction of murder in the first degree; repealer No Same as Last Act: 01/07/09 referred to codes
A1464	Wright -- Allows a court to preclude disclosure of jurors' names and addresses; repealer Same as S 569 Last Act: 01/07/09 referred to codes
A1477	Wright (MS) -- Requires police officers who have discharged their weapon in the course of their employment to be tested for the presence of drugs and/or alcohol No Same as Last Act: 01/07/09 referred to labor
A1527	Colton (MS) -- Creates the crime of luring or enticing a child on the internet No Same as Last Act: 01/07/09 referred to codes
A1528	Colton (MS) -- Defines word "depicts" to include both words and pictures with respect to crime of disseminating indecent material to minors in the first degree No Same as Last Act: 01/07/09 referred to codes
A1536	Paulin (MS) -- Requires sale of certain firearms between unlicensed persons shall be conducted through a licensed firearms dealer No Same as Last Act: 01/07/09 referred to economic development
A1539	Peralta -- Requires police officers and peace officers to report any discharge of their weapon to the agency which employs them No Same as Last Act: 01/07/09 referred to codes
A1542	Reilly (MS) -- Provides that a member shall forfeit his or her retirement rights and benefits if he or she is convicted of or pleads to certain crimes related to public employment No Same as Last Act: 01/07/09 referred to governmental employees
A1608	Zebrowski (MS) -- Permits access to certain conviction records by chapters of Big Brothers/Big Sisters of America, Inc. free of charge No Same as Last Act: 01/07/09 referred to governmental operations
A1622	Zebrowski (MS) -- Requires the notification of patients if it is determined that a health care provider exposed patients to a communicable disease through reckless conduct No Same as Last Act: 01/07/09 referred to codes
A1624	Zebrowski -- Creates the crime of criminal evasion No Same as Last Act: 01/07/09 referred to codes
A1625	Zebrowski -- Provides certain criminal penalties for the desecration of a military monument No Same as Last Act: 01/07/09 referred to codes
A1626	Zebrowski (MS) -- Establishes the crimes of attempting to lure or entice a child No Same as Last Act: 01/07/09 referred to codes
A1637	Bing (MS) -- Relates to driving while ability impaired by fatigue No Same as Last Act: 01/07/09 referred to transportation
A1640	Bing (MS) -- Provides that impersonation of a disabled veteran vendor is a class A misdemeanor No Same as Last Act: 01/07/09 referred to codes
A1664	Diaz (MS) -- Requires the registration of tax preparers No Same as Last Act: 01/07/09 referred to ways and means
A1677	Wright -- Authorizes a sentence of conditional discharge pending completion of a substance abuse treatment program for first and second time drug possessors No Same as Last Act: 01/07/09 referred to codes

Last Action Date: 01/09/09(Results Count = )
Bill No.
A1696	Englebright (MS) -- Makes provisions regarding environmental benefit projects in lieu of civil penalties No Same as Last Act: 01/09/09 referred to environmental conservation
A1708	Englebright (MS) -- Permits a social worker or other professional to provide emotional support to a vulnerable elderly person testifying in certain grand jury proceedings No Same as Last Act: 01/09/09 referred to codes
A1709	Englebright (MS) -- Expedites appeals of sex offense convictions when such offense was committed or attempted against a person under 18 No Same as Last Act: 01/09/09 referred to codes
A1710	Englebright (MS) -- Requires any person engaged in the sale of rifles or shotguns to require the production of identification by purchaser of such weapon No Same as Last Act: 01/09/09 referred to codes
S567	MARCELLINO -- Increases the penalty for crime of criminally negligent homicide No Same as Last Act: 01/09/09 REFERRED TO CODES
S568	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 No Same as Last Act: 01/09/09 REFERRED TO CODES
S569	MARCELLINO -- Allows a court to preclude disclosure of jurors' names and addresses; repealer Same as A 1464 Last Act: 01/09/09 REFERRED TO CODES
S571	MARCELLINO -- Establishes the crime of criminal sale of an internet domain name to a terrorist group, a class A misdemeanor No Same as Last Act: 01/09/09 REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
S576	MARCELLINO -- Relates to increasing penalties for first, second, third and fourth degree stalking No Same as Last Act: 01/09/09 REFERRED TO CODES
S592	MARCELLINO -- Establishes the crime of terrorism recruitment, a class C felony No Same as Last Act: 01/09/09 REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
S613	LANZA -- Provides for revocation of probation where a person is convicted of a new offense while such person is under probation supervision for a felony offense No Same as Last Act: 01/09/09 REFERRED TO CODES
S617	LANZA -- Exempts crimes of making graffiti and possession of graffiti instruments from youthful offender procedure after defendant is found guilty of such a charge No Same as Last Act: 01/09/09 REFERRED TO CODES
S623	ROBACH -- Authorizes the court to order sexual offenders on probation to terms of imprisonment which run consecutively to sentences already being served Same as A 2237 Last Act: 01/09/09 REFERRED TO CODES
S624	ROBACH -- Creates a new subdivision of manslaughter in the first degree; modifies the existing depraved indifference part of murder in the 2nd degree No Same as Last Act: 01/09/09 REFERRED TO CODES
S626	ROBACH -- Adds additional objects which a person would be guilty of criminally using drug paraphernalia in the 2nd degree if he or she knowingly possesses or sells such object Same as A 2272 Last Act: 01/09/09 REFERRED TO CODES

Last Action Date: 01/12/09(Results Count = )
Bill No.
A1758	Morelle (MS) -- Creates the crime of unlawful dissemination of spyware No Same as Last Act: 01/12/09 referred to codes
A1759	Morelle -- Increases penalty for harassment when conduct is committed on school grounds or to a child No Same as Last Act: 01/12/09 referred to codes
A1760	Morelle (MS) -- Creates the crime of criminal trespass on the field of play of a sports event No Same as Last Act: 01/12/09 referred to codes
A1761	Morelle (MS) -- Relates to knowingly possessing or harboring a hostile dog No Same as Last Act: 01/12/09 referred to codes
A1782	Calhoun (MS) -- Prohibits the sale or display to minors of indecent materials No Same as Last Act: 01/12/09 referred to codes
A1784	Calhoun (MS) -- Provides additional minimum sentence for conviction of crimes committed while possessing a firearm No Same as Last Act: 01/12/09 referred to codes
A1794	Rabbitt (MS) -- Requires the suspending of pay of tenured teachers upon the conviction of a felony for possessing certain sexual performance materials Same as S 639 Last Act: 01/12/09 referred to education
A1799	Dinowitz (MS) -- Directs the division of criminal justice services to establish a methamphetamine manufacturer registry No Same as Last Act: 01/12/09 referred to governmental operations
A1802	Dinowitz (MS) -- Provides for the expungement of unsustained allegations of abuse and the sealing of records; repealer No Same as Last Act: 01/12/09 referred to aging
A1818	Pheffer (MS) -- Creates crime of exploitive child modeling or employment in any medium including on the internet No Same as Last Act: 01/12/09 referred to codes
A1821	Rabbitt (MS) -- Relates to a victim's rights to parole information No Same as Last Act: 01/12/09 referred to codes
A1822	Wright -- Prohibits the use of a video mobile telephone within the premises of a health club and the dissemination of images so derived No Same as Last Act: 01/12/09 referred to codes
A1836	Dinowitz (MS) -- Expands criminal impersonation to include persons who impersonate employees in order to gain access or remain in a dwelling No Same as Last Act: 01/12/09 referred to codes
A1839	Dinowitz (MS) -- Prohibits the knowing installation, reinstallation, distribution, or sale of a previously deployed inflatable restraint system airbag No Same as Last Act: 01/12/09 referred to codes
A1847	Morelle -- Clarifies grounds for eviction of a tenant by a landlord where the dwelling is used for illegal gambling or drug related activity No Same as Last Act: 01/12/09 referred to housing
A1869	Pheffer (MS) -- Establishes the crime of unlawful possession of an identity scanning device No Same as Last Act: 01/12/09 referred to codes
A1873	Wright -- Relates to viatical settlements; repealer No Same as Last Act: 01/12/09 referred to insurance
S639	LARKIN -- Requires the suspending of pay of tenured teachers upon the conviction of a felony for possessing certain sexual performance materials Same as A 1794 Last Act: 01/12/09 REFERRED TO EDUCATION
S664	LARKIN -- Makes the forgery of or possession of a forged certificate of insurance or insurance identification card a class E felony No Same as Last Act: 01/12/09 REFERRED TO CODES
S672	LARKIN -- Includes charity poker as a game of chance that charitable organizations may conduct at local option and provides for the regulation thereof No Same as Last Act: 01/12/09 REFERRED TO RACING, GAMING AND WAGERING
S673	LARKIN -- Authorizes the abatement of municipal and school real property taxes in certain cases of catastrophic loss and establishes procedures therefor No Same as Last Act: 01/12/09 REFERRED TO LOCAL GOVERNMENT
S679	LARKIN -- Prohibits certain person previously convicted of a drug felony to own, possess or harbor a dog weighing 20 lbs or more and trained to attack or exhibiting viciousness Same as A 710 Last Act: 01/12/09 REFERRED TO CODES
S683	LARKIN -- Provides that a person convicted of motor vehicle insurance fraud shall have his or her driver's license suspended and registration may be suspended No Same as Last Act: 01/12/09 REFERRED TO TRANSPORTATION

Last Action Date: 01/14/09(Results Count = )
Bill No.
A1877	Calhoun (MS) -- Requires enumerated school administrators to report alleged sexual offenses to the district attorney No Same as Last Act: 01/14/09 referred to education
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: 01/14/09 referred to codes
A1880	Calhoun (MS) -- Requires persons who commit crimes while on release to serve maximum sentence No Same as Last Act: 01/14/09 referred to codes
A1884	Destito (MS) -- Expands definition of a juvenile offender and designated felony act to include offenses involving controlled substances No Same as Last Act: 01/14/09 referred to codes
A1886	Jacobs (MS) -- Relates to the monetary penalties for the crime of aggravated harassment or for discrimination No Same as Last Act: 01/14/09 referred to governmental operations
A1936	Parment -- Permits persons eleven years of age to possess a rifle under certain circumstances No Same as Last Act: 01/14/09 referred to codes
A1946	Morelle (MS) -- Relates to the enforcement of provisions regulating all terrain vehicles; repealer No Same as Last Act: 01/14/09 referred to transportation
A1961	Benjamin (MS) -- Provides for owner liability for dog attacks on another dog or cat No Same as Last Act: 01/14/09 referred to agriculture
A2006	Weinstein -- Expands definition of "property of another", for purposes of criminal mischief, to include any property another person has an interest in No Same as Last Act: 01/14/09 referred to codes
S710	ADAMS -- Provides for etching, painting, drawing or otherwise making a hangman's noose on property without permission of the owner a class E felony No Same as Last Act: 01/14/09 REFERRED TO CODES
S723	JOHNSON C -- Permits access to certain conviction records by chapters of Big Brothers/Big Sisters of America, Inc. No Same as Last Act: 01/14/09 REFERRED TO FINANCE
S725	JOHNSON C -- Amends the definition of disguised gun to include certain guns that are designed and intended to appear to be a toy gun No Same as Last Act: 01/14/09 REFERRED TO CODES
S726	JOHNSON C -- Relates to criminal street gang activity on school grounds No Same as Last Act: 01/14/09 REFERRED TO CODES
S728	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: 01/14/09 REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
S730	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: 01/14/09 REFERRED TO CODES

Last Action Date: 01/15/09(Results Count = )
Bill No.
A551	Jeffries -- Establishes criminal offenses relating to gang violence and the abatement of premises used for gang activity No Same as Last Act: 01/15/09 enacting clause stricken
A2015	Morelle (MS) -- Prohibits the unauthorized sale of veterans' commemorative property by cemeteries Same as S 769 Last Act: 01/15/09 referred to veterans affairs
A2022	John -- Relates to the issuance of family offense appearance tickets for family offenses No Same as Last Act: 01/15/09 referred to codes
A2023	John (MS) -- Adds assaults against certain employees of state and local government agencies as an assault in the second degree No Same as Last Act: 01/15/09 referred to codes
A2034	Benjamin (MS) -- Provides that either a person or an unborn child in any stage of gestation may be the victim of an assault No Same as Last Act: 01/15/09 referred to codes
A2035	Benjamin (MS) -- Creates the crime of vehicular manslaughter in the third degree No Same as Last Act: 01/15/09 referred to codes
A2065	Schroeder (MS) -- Creates specific computer crimes as well as increasing penalties for crimes committed with the aid of a computer No Same as Last Act: 01/15/09 referred to codes
A2106	Benjamin (MS) -- Creates the crime of official misconduct during an emergency or disaster No Same as Last Act: 01/15/09 referred to codes
A2126	John (MS) -- Enacts provisions providing protection to employees from retaliatory actions by employers where such employees report illegal business activities No Same as Last Act: 01/15/09 referred to labor
A2145	Englebright (MS) -- Provides for the labeling of all shipments of firearms, and certain shipments of shotguns and rifles and reporting certain information No Same as Last Act: 01/15/09 referred to codes
A2148	Englebright (MS) -- Prohibits possession of a gun or non-folding knife at a governmental chamber or public hearing of the state or any political subdivision No Same as Last Act: 01/15/09 referred to codes
A2152	Englebright (MS) -- Establishes the class E felony of resisting arrest in the first degree No Same as Last Act: 01/15/09 referred to codes
A2170	McEneny (MS) -- Creates the crime of unlawful defilement of a water supply No Same as Last Act: 01/15/09 referred to codes
A2179	O'Mara (MS) -- Alters procedures relating to sentencing procedures and jury charges in capital cases No Same as Last Act: 01/15/09 referred to codes
A2187	Ball (MS) -- Establishes the crime of endangering the welfare of a child in a sexual manner, a class E felony No Same as Last Act: 01/15/09 referred to codes
A2191	Markey (MS) -- Mandates performance of autopsies for those afflicted with certain neurological symptoms No Same as Last Act: 01/15/09 referred to health
A2196	Morelle (MS) -- Provides the same criminal penalties for endangering the welfare of a care dependent person as exist for vulnerable elderly persons No Same as Last Act: 01/15/09 referred to codes
A2205	Morelle (MS) -- Creates crimes of cemetery desecration of a veteran No Same as Last Act: 01/15/09 referred to codes
A2211	Diaz (MS) -- Provides that instructions to the jury shall include certain defenses No Same as Last Act: 01/15/09 referred to codes
A2215	Calhoun (MS) -- Requires the surfaces of non-commercial vehicles to be cleared of accumulated snow, sleet or hail No Same as Last Act: 01/15/09 referred to transportation
A2217	Calhoun (MS) -- Authorizes a court to order blood testing of persons charged with violent felony offenses No Same as Last Act: 01/15/09 referred to codes
A2245	Schroeder -- Provides that a person is guilty of assault 3rd when he or she strikes a person he or she knows/should know is a police or peace officer while officer is performing No Same as Last Act: 01/15/09 referred to codes
A2249	Schroeder (MS) -- Provides that employees of school districts who are suspended on charges of sex with a minor or student must furnish security in order to get wages No Same as Last Act: 01/15/09 referred to education
A2257	Stirpe (MS) -- Expands when a person is guilty of criminal trespass in the second degree No Same as Last Act: 01/15/09 referred to codes
A2262	Stirpe (MS) -- Relates to penalties for persons leaving the scene of a boating accident No Same as Last Act: 01/15/09 referred to transportation
A2263	Gottfried (MS) -- Directs health care professionals to provide pain-relieving medications to the extent authorized by accepted professional guidelines No Same as Last Act: 01/15/09 referred to health
A2268	Lupardo (MS) -- Provides that failure to seek necessary medical or emergency assistance, when having recklessly caused injury to a person, is a class A misdemeanor No Same as Last Act: 01/15/09 referred to codes
A2272	Reilich (MS) -- Adds additional objects which a person would be guilty of criminally using drug paraphernalia in the 2nd degree if he or she knowingly possesses or sells such object Same as S 626 Last Act: 01/15/09 referred to codes
A2273	Reilich (MS) -- Increases the age at which a person is considered a child for the purposes of sexual performances by a child No Same as Last Act: 01/15/09 referred to 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: 01/15/09 referred to codes
A2275	McEneny (MS) -- Proscribes conduct constituting aggravated disorderly conduct No Same as Last Act: 01/15/09 referred to codes
A2276	McEneny (MS) -- Relates to the sentencing of persistent child predators No Same as Last Act: 01/15/09 referred to codes
A2277	Reilich (MS) -- 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: 01/15/09 referred to codes
A2313	McEneny (MS) -- Enacts provisions relating to the reporting of child abuse No Same as Last Act: 01/15/09 referred to children and families
A2319	Reilich (MS) -- Prohibits inmate of a correctional facility serving a life without parole sentence from having visitation under the family reunion program No Same as Last Act: 01/15/09 referred to correction
A2350	Reilich (MS) -- Provides that the proceeds of civil recoveries obtained by prisoners against state and local governments are made available to their victims No Same as Last Act: 01/15/09 referred to governmental operations
S743	KRUEGER -- Relates to defining permissible personal use of campaign contributions Same as A 812 Last Act: 01/15/09 REFERRED TO ELECTIONS
S758	DEFRANCISCO -- Includes passengers of vessels and motor vehicles as persons required to report an accident No Same as Last Act: 01/15/09 REFERRED TO INVALID COMMITTEE CODE
S767	JOHNSON C -- Provides that social poker may be played in certain establishments which have licenses to sell beer, wine or liquor No Same as Last Act: 01/15/09 REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
S768	LARKIN -- Creates crimes of cemetery desecration of a veteran No Same as Last Act: 01/15/09 REFERRED TO CODES

Last Action Date: 01/16/09(Results Count = )
Bill No.
A236	Greene -- Establishes a drug treatment alternative to incarceration for certain offenders; appropriation No Same as Last Act: 01/16/09 reference changed to correction

Full post as published by New York Supreme Court Criminal Term Library on January 20, 2009 (boomark / email).