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: New York Supreme Court Criminal Term Library

New York Legislature: Activity Report for Week Ending January 25, 2009 - Criminal Procedure Law

By David Badertscher, PLL

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Source: New York Legislative Retrieval System, Search run January 25, 2009.

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 a bill number in the format indicated below:

Bill No.
A2271	Reilich (MS) -- Relates to providing certain relief for persons who are victims of identity theft No Same as BLURB : CP L. identity theft relief Last Act: 01/15/09 referred to codes
A2407	Gantt -- Creates a firearm proficiency requirement examination for the licensing of persons to carry or possess a firearm No Same as BLURB : Pen L. firearm proficiency exam Last Act: 01/15/09 referred to codes
A2433	Abbate -- Relates to additional considerations for public arbitration panels relating to certain employees of the Triborough Bridge and Tunnel Authority No Same as BLURB : Civ Serv. TBTA dispute resltn Last Act: 01/15/09 referred to governmental employees
A2435	Abbate -- Establishes alternative retirement benefits for peace officers in the department of motor vehicles No Same as BLURB : R & SS. benefit for peace officer Last Act: 01/15/09 referred to governmental employees
A2436	Abbate -- Provides alternative retirement benefits for state liquor authority peace officers No Same as BLURB : R & SS. liq auth retirmt. Last Act: 01/15/09 referred to governmental employees
A2441	Abbate (MS) -- Grants police officer status for members of the Triborough bridge and tunnel authority; repealer No Same as BLURB : CP L. police officer status Last Act: 01/15/09 referred to codes

Last Action Date: 01/16/09(Results Count = )
Bill No.
A2461	Pretlow -- Authorizes the impoundment of vehicles operated by intoxicated or impaired persons No Same as BLURB : V & T L. impoundment of vehicles Last Act: 01/16/09 referred to transportation
A2463	Pretlow -- Authorizes the impoundment of any motor vehicle operated by a person who drives while ability impaired or intoxicated No Same as BLURB : V & T L. impoundment DWI Last Act: 01/16/09 referred to transportation
A2499	Pretlow (MS) -- Authorizes the crime victims board to accept other official documents in lieu of police reports for documentation of eligibility for compensation No Same as BLURB : Exec. crime vict. bd. award Last Act: 01/16/09 referred to governmental operations
A2502	Pretlow (MS) -- Increases the penalties for criminal impersonation in the first and second degrees Same as S 37 BLURB : Pen L. criminal impersonation Last Act: 01/16/09 referred to codes
A2503	Pretlow (MS) -- Enacts the Child Sexual Abuse Reform Act; provides for the elimination and extension of certain statutes of limitations relating thereto; repealer No Same as BLURB : CP L. child sex. abuse reform act Last Act: 01/16/09 referred to codes
A2504	Pretlow -- Designates ordinance officers of the city of Mount Vernon police department as peace officers No Same as BLURB : CP L. Mt.Vernon ord.off.peace off Last Act: 01/16/09 referred to codes
A2505	Pretlow (MS) -- Permits the electronic filing of papers in local criminal courts in certain instances No Same as BLURB : CP L. electric crimnl paper filng Last Act: 01/16/09 referred to codes
A2507	Pretlow -- Precludes local criminal court from issuing a warrant of arrest based on any simplified information when the defendant has not been arraigned No Same as BLURB : CP L. warrant of arrest; preclude Last Act: 01/16/09 referred to codes
A2509	Pretlow -- Provides greater accountability for seized assets No Same as BLURB : CPLR. acctblty. szd.assets Last Act: 01/16/09 referred to codes
A2511	Pretlow (MS) -- Authorizes orders of protection to provide for home and personal security devices and order the respondent to cover the costs associated with security devices No Same as BLURB : CP L. ord. of protect. sec. dev. Last Act: 01/16/09 referred to codes
A2512	Pretlow (MS) -- Permits security guard companies in certain instances to perform security related work in N.Y. city by armed guards without obtaining a N.Y. city firearms special permit No Same as BLURB : Pen L. sec. grd. NYC Last Act: 01/16/09 referred to codes
A2520	Pretlow -- Provides for the payment of the salary, wages, medical and hospital expenses of any city of Yonkers detention officer injured in the line of duty No Same as BLURB : Gen Mun. expns. Yonkers detention Last Act: 01/16/09 referred to local governments

Last Action Date: 01/18/09(Results Count = )
Bill No.
S816	KRUGER -- Establishes a drug treatment alternative to incarceration for certain offenders; appropriation Same as A 236 BLURB : Cor. drug treat. alt. cert off. Last Act: 01/18/09 REFERRED TO FINANCE
S831	KRUGER -- Relates to bias related criminal activity No Same as BLURB : Pen L. bias related crime Last Act: 01/18/09 REFERRED TO CODES
S835	KRUGER -- Substitutes use immunity for transactional immunity No Same as BLURB : CPL. definition of immunity Last Act: 01/18/09 REFERRED TO CODES

Last Action Date: 01/20/09(Results Count = )
Bill No.
A2534	Calhoun -- Designates as peace officers, the uniformed court officers of the town court of the town of New Windsor No Same as BLURB : CP L. New Windsor court officers Last Act: 01/20/09 referred to codes
A2535	Calhoun (MS) -- Allows juvenile offenders be prosecuted as an adult for certain felony gun possession offenses No Same as BLURB : Pen L. jo;adult;felony Last Act: 01/20/09 referred to codes
A2538	Colton (MS) -- Allows certain members employed by division of parole to retire without reduction of benefits at 55 or older upon completing 25 or more years of service No Same as BLURB : R & SS. parole employees Last Act: 01/20/09 referred to governmental employees
A2551	Gantt (MS) -- Proscribes conduct constituting the criminal impersonation of certain emergency personnel No Same as BLURB : Pen L. imper. EMT crime Last Act: 01/20/09 referred to codes
A2573	Pretlow (MS) -- Requires a police officer or a district attorney to apply for a court order to compel a chemical test to determine blood alcohol content in certain cases No Same as BLURB : V & T L. req ct ord fr cm tst Last Act: 01/20/09 referred to transportation

Last Action Date: 01/21/09(Results Count = )
Bill No.
A156A	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-A BLURB : Budgbi PPGG article 7 Last Act: 01/21/09 amend and recommit to ways and means 01/21/09 print number 156a
A158A	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-A BLURB : Budgbi HMH Art. vii Last Act: 01/21/09 amend and recommit to ways and means 01/21/09 print number 158a
A160A	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-A BLURB : Budg. Rev Last Act: 01/21/09 amend and recommit to ways and means 01/21/09 print number 160a
A2594	Gantt -- Relates to the Monroe county juvenile justice center No Same as BLURB : Fam Ct. Monroe co. juv justice ct Last Act: 01/21/09 referred to children and families
A2595	Jaffee (MS) -- Designates as peace officers, protective officers of the United States mint police Same as S 681 BLURB : CP L. U.S. mint police Last Act: 01/21/09 referred to codes
A2596	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 BLURB : CP L. crtn sex crimes st of lmtns Last Act: 01/21/09 referred to codes
A2599	Ortiz (MS) -- Requires individuals who have an order of protection issued against them to wear an electronic monitoring device Same as S 515 BLURB : CP L. dom viol elec monitor devic Last Act: 01/21/09 referred to codes
A2602	Pretlow (MS) -- Authorizes a court to direct filing of non-family offense order of protection with the computerized registry for such orders and warrants No Same as BLURB : CP L. non-fam ordr protct: regstr Last Act: 01/21/09 referred to codes
A2605	Rabbitt (MS) -- Designates U.S. Veterans Affairs police officers as peace officers No Same as BLURB : CP L. peace off: VA off. Last Act: 01/21/09 referred to codes
A2630	Ortiz (MS) -- Requires sex offenders who fail to register or verify twice or more to wear a location-tracking device No Same as BLURB : Cor. sex offend. location-trackng Last Act: 01/21/09 referred to correction
A2633	Ortiz (MS) -- Enacts the statewide ignition interlock device program No Same as BLURB : V & T L. state ignition lock prog Last Act: 01/21/09 referred to transportation
A2705	Gantt (MS) -- Permits certain persons to commence an action for unjust conviction in the court of claims No Same as BLURB : Bring action - unjust conviction Last Act: 01/21/09 referred to judiciary
A2775	Kolb (MS) -- Provides for the inclusion of victim impact statements from neighborhood watch groups in pre-sentencing reports No Same as BLURB : CP L. nbrhd watch gps vic imp sta Last Act: 01/21/09 referred to codes
A2778	Schimminger (MS) -- 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: 01/21/09 referred to codes
A2779	Schimminger (MS) -- Permits a vulnerable child witness to testify by closed-circuit television concerning the offenses of murder No Same as BLURB : CP L. chld wtnss tstfy by televsn Last Act: 01/21/09 referred to codes
A2807	Kolb (MS) -- Adds violation to definitions regarding juvenile delinquency where crime is referred to No Same as BLURB : Fam Ct. adds vios to defs Last Act: 01/21/09 referred to children and families
A2809	Schimminger (MS) -- Classifies as murder in the first degree a deliberate and premeditated design to effect death by a cold-blooded killer; lets jury choose prison for less than life No Same as BLURB : Pen L. murder 1 cold-blood killer Last Act: 01/21/09 referred to codes
A2810	Schimminger (MS) -- Provides an additional aggravating factor to murder in the first degree and authorizes the jury to consider an indeterminate sentence therefor No Same as BLURB : Pen L. agg fctrs mrdr/indet sent Last Act: 01/21/09 referred to codes
A2811	Schimminger (MS) -- Classifies as murder in the first a killing in which the victim is especially vulnerable due to disability, impairment; lets jury choose prison for less than life No Same as BLURB : Pen L. murder 1 esp vulner victim Last Act: 01/21/09 referred to codes
A2812	Schimminger (MS) -- Classifies as murder in the first a killing that is preceded by and is the product of a pattern of domestic violence; lets jury choose prison for less than life No Same as BLURB : Pen L. murder 1 domestic violence Last Act: 01/21/09 referred to codes
A2825	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: 01/21/09 referred to governmental employees
A2833	Fitzpatrick (MS) -- Defines incidental exposure with respect to contracting HIV infection No Same as BLURB : Exec. defines incidental exposure Last Act: 01/21/09 referred to health
A2839	McEneny (MS) -- Allows state university police officers to transfer to the NYSLPFRS and to be covered by the provisions of a new 25 year half pay retirement plan No Same as BLURB : R & SS. state univ police officer Last Act: 01/21/09 referred to governmental employees
A2879	Koon (MS) -- Expands the crimes under which fourteen and fifteen year olds may be treated as adults No Same as BLURB : CP L. adult treatment; 14 &15 yr Last Act: 01/21/09 referred to codes
A2883	Koon (MS) -- Provides that a photograph of the victim may be displayed at certain parts of a jury and non-jury trial in certain homicide cases No Same as BLURB : CP L. vict photo at trial Last Act: 01/21/09 referred to codes
A2886	Koon (MS) -- Requires that the victim be represented in court at sentencing where the victim does not appear No Same as BLURB : CP L. vict represent sentenc Last Act: 01/21/09 referred to codes
A2887	Koon (MS) -- Prohibits the purchase or sale of protective body vests except to law enforcement or military personnel No Same as BLURB : Pen L. prohib.sale,body vest Last Act: 01/21/09 referred to codes
A2908	Koon (MS) -- Provides state reimbursement for all state and local agencies and jurisdictions to make trigger locks available to their police/peace officers No Same as BLURB : Exec. trigger locks for police Last Act: 01/21/09 referred to governmental operations
A2916	Koon (MS) -- Provides for notice of release of the accused to be given to the victim of an alleged family offense No Same as BLURB : Fam Ct. fam off notice of release Last Act: 01/21/09 referred to judiciary
S56A	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-A BLURB : Budgbi PPGG article 7 Last Act: 01/21/09 AMEND (T) AND RECOMMIT TO FINANCE 01/21/09 PRINT NUMBER 56A
S58A	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. A 158-A BLURB : Budgbi HMH Art. vii Last Act: 01/21/09 AMEND (T) AND RECOMMIT TO FINANCE 01/21/09 PRINT NUMBER 58A
S60A	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-A BLURB : Budg. Rev Last Act: 01/21/09 AMEND AND RECOMMIT TO FINANCE 01/21/09 PRINT NUMBER 60A
S850	LANZA -- Relates to performance of duty disability retirement of certain peace officers and police officers in the state department of taxation and finance No Same as BLURB : R & SS. peace offrs; dept tax/fin Last Act: 01/21/09 REFERRED TO CIVIL SERVICE & PENSIONS
S888	KRUGER -- Establishes the intentional killing of a child as murder in the first degree, may be cited as "Nixzmary's Law" No Same as BLURB : Pen L. killing child, murder one Last Act: 01/21/09 REFERRED TO CODES
S893	KRUGER -- Regulates discrimination in exercise of peremptory challenge No Same as BLURB : CP L. exrcise; peremptory challen Last Act: 01/21/09 REFERRED TO CODES
S929	KRUGER -- Increases penalties for offenses involving the criminal possession of a firearm, rifle, shotgun, or machine-gun No Same as BLURB : Pen L. firearm poss.; penalty Last Act: 01/21/09 REFERRED TO CODES
S937	ROBACH -- Prohibits employers from discriminating against victims of domestic violence or stalking No Same as BLURB : Exec. domes. violen. employ. prac Last Act: 01/21/09 REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

Last Action Date: 01/22/09(Results Count = )
Bill No.
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: 01/22/09 reported referred to codes
A2939	Benjamin -- Prohibits the use of police line-up identification procedures in criminal cases No Same as BLURB : CP L. live lineup proc Last Act: 01/22/09 referred to codes
A2951	O'Mara (MS) -- Alters procedures relating to sentencing procedures and jury charges in capital cases No Same as BLURB : CP L. capital cases; procedures Last Act: 01/22/09 referred to codes
A2974	Benjamin -- Relates to wrongful death actions, allowing for families to institute wrongful death actions on behalf of a child in utero No Same as BLURB : EPT L. wrngfl dth chld in utero Last Act: 01/22/09 referred to judiciary
A2977	Benjamin (MS) -- Provides for a finding of intentional paternity fraud No Same as BLURB : Fam Ct. intent paternity fraud Last Act: 01/22/09 referred to judiciary
A3032	Christensen -- Designates supervisors and members of the fire investigation bureau of the Syracuse fire department as peace officers No Same as BLURB : CP L. Syr fire inv bur peace off Last Act: 01/22/09 referred to codes
A3034	Christensen -- Allows the victim of a misdemeanor the right to make a statement relevant to sentencing No Same as BLURB : CP L. statements at sentencing Last Act: 01/22/09 referred to codes
A3035	Christensen (MS) -- Enacts "Jilly's law"; adds criteria for determining whether to issue an order of recognizance or bail No Same as BLURB : CP L. Jilly's law; bail criteria Last Act: 01/22/09 referred to codes
A3059	Benjamin (MS) -- Requires use of event data recorders in motor vehicles to reconstruct accident scenes No Same as BLURB : Pen L. event data recorders autos Last Act: 01/22/09 referred to codes
A3070	Christensen -- Relates to pre-disposition and pre-sentence investigations in family offense cases No Same as BLURB : Exec. pre-disposition; fam offns Last Act: 01/22/09 referred to codes
A3077	Koon (MS) -- Eliminates the statute of limitations for certain violent felonies No Same as BLURB : CP L. elim stat limit violent fel Last Act: 01/22/09 referred to codes
S963	KRUGER -- Creates crime of unlawful lending and provides for impoundment of car if charged with driving while intoxicated No Same as BLURB : Pen L. unlawful lend; impoundment Last Act: 01/22/09 REFERRED TO CODES
S972	KRUGER -- Creates the crime of bias related criminal mischief and denies youth offender status No Same as BLURB : Pen L. bias related crim.mischief Last Act: 01/22/09 REFERRED TO CODES
S987	KRUGER -- Includes vehicle as an instrumentality of the crime of driving while intoxicated No Same as BLURB : CPLR. civil forfeiture; vehicle Last Act: 01/22/09 REFERRED TO CODES
S1008	KRUGER -- Requires life imprisonment without parole for certain persistent felony offenders; repealer No Same as BLURB : Pen L. life w/o parole perst felo Last Act: 01/22/09 REFERRED TO CODES
S1010	KRUGER -- Provides a mechanism for the confidential voter registration of certain "law enforcement officials" as defined No Same as BLURB : Elect. confidential registration Last Act: 01/22/09 REFERRED TO ELECTIONS
S1020	KRUGER -- Increases penalties for second homicide offenders No Same as BLURB : CP L. second homicide offender Last Act: 01/22/09 REFERRED TO CODES
S1022	KRUGER -- Requires court which deviates from recommendation of pre-sentence investigation reports to state reasons No Same as BLURB : CP L. pre-sentence reports Last Act: 01/22/09 REFERRED TO CODES

Last Action Date: 01/23/09(Results Count = )
Bill No.
A3132	Bradley (MS) -- Prohibits judges from issuing orders of recognizance or bail for any person sentenced for any class A, B, or C felony under article 130 of the penal law No Same as BLURB : CP L. orders of recognizance Last Act: 01/23/09 referred to codes
A3168	Bradley (MS) -- Requires that individuals convicted of certain animal cruelty and animal fighting offenses reimburse the organizations caring for such animals No Same as BLURB : Ag & Mkts. anmal cruelty restitut Last Act: 01/23/09 referred to agriculture
S1064	KRUGER -- Relates to increasing the minimum sentence for a second violent felony offense; repealer No Same as BLURB : Pen L. persist. violent felonies Last Act: 01/23/09 REFERRED TO CODES

Full post as published by New York Supreme Court Criminal Term Library on January 26, 2009 (boomark / email).