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Legal Research

: New York Supreme Court Criminal Term Library

New York Legislature: Activity Reprt for Week Ending March 30, 2008

By David Badertscher, PLL

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Source: New York Legislative Retrieval System (LRS), Search run March 30, 2008.

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

CORRECTIONS LAW:

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 REFERRED TO HEALTH

Last Action Date: 03/19/08(Results Count = )
Bill No.
A10334	Lancman -- Allows N.Y. state residents to receive change or update in subdirectory of level 2 and 3 sex offenders by e-mail in specific locality at no charge Same as S 2263 Last Act: 03/19/08 referred to correction

Last Action Date: 03/25/08(Results Count = )
Bill No.
A9115A	Koon -- 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 S 912-A Last Act: 03/25/08 amend and recommit to correction 03/25/08 print number 9115a
A10375	Cusick -- Provides that certain sex offenders who are released on parole or sentenced to probation may not enter public, association or free libraries Same as S 6907-A Last Act: 03/25/08 referred to codes

Last Action Date: 03/26/08(Results Count = )
Bill No.
A1179A	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 Same as S 5570-A Last Act: 03/26/08 REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
A1188	Eddington (MS) -- Expands coverage of sex offender registration act No Same as Last Act: 03/26/08 REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
A6850	Stirpe -- Expands when a person is guilty of criminal trespass in the second degree No Same as Last Act: 03/26/08 REFERRED TO CODES
A7764B	Aubry -- Provides inmates the opportunity to obtain a general equivalency diploma No Same as Last Act: 03/26/08 REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
A7793	Aubry -- Relates to certificates of relief from disabilities issued by the board of parole Same as S 3966 Last Act: 03/26/08 REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
S3432A	LAVALLE -- Expands the scope of areas from which sex offenders are prohibited from knowingly entering and provides that sex offender registrants shall refrain from such areas Same as Uni. A 6274-A Last Act: 03/26/08 referred to codes

Last Action Date: 03/27/08(Results Count = )
Bill No.
S5092	DEFRANCISCO -- Provides for a child victim fee imposed on conviction for certain crimes and forfeiture of instrumentalities of such crimes and uses moneys to supplement a fund Same as A 8251 Last Act: 03/27/08 REPORTED AND COMMITTED TO FINANCE

Last Action Date: 03/28/08(Results Count = )
Bill No.
S99	DEFRANCISCO -- Prohibits the throwing, tossing or expelling of saliva, spit or sputum at or on a public employee Same as A 6080 Last Act: 03/28/08 2ND REPORT CAL.
S912A	DEFRANCISCO -- Establishes a class D felony for sex offenders who fail to register or verify and are found at locations where children often frequent Same as A 9115-A Last Act: 03/28/08 referred to correction
S4043	NOZZOLIO -- Relates to sexual conduct between inmates and employees and the duty to report such conduct Same as A 8189 Last Act: 03/28/08 2ND REPORT CAL.
S7024	LANZA -- Creates standards for the licensing and registry of security guards Same as A10119-A Last Act: 03/28/08 2ND REPORT CAL.

CRIMINAL PROCEDURE LAW:

Bill No.
A2887A	Lentol (MS) -- 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: 03/25/08 amend and recommit to codes 03/25/08 print number 2887a
A9115A	Koon -- 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 S 912-A BLURB : Cor. sx ofnd regstr verif Last Act: 03/25/08 amend and recommit to correction 03/25/08 print number 9115a

Last Action Date: 03/26/08(Results Count = )
Bill No.
A1179A	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 Same as S 5570-A BLURB : Cor. sex offender verificatn Last Act: 03/26/08 REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
A1188	Eddington (MS) -- Expands coverage of sex offender registration act No Same as BLURB : Cor. expds covrg sex offender reg Last Act: 03/26/08 REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
A6525A	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: 03/26/08 amend and recommit to codes 03/26/08 print number 6525a
A7953	Lentol (MS) -- Includes firefighter support organizations as those capable of being prosecuted by the attorney general's office Same as S 5783 BLURB : Exec. fgtr spt org prsc Last Act: 03/26/08 REFERRED TO FINANCE
A8150B	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 Same as S 6130-B BLURB : R & SS. state univ police officer Last Act: 03/26/08 REFERRED TO CIVIL SERVICE & PENSIONS
S3052	ROBACH -- Prohibits employers from discriminating against victims of domestic violence or stalking No Same as BLURB : Exec. domes. violen. employ. prac Last Act: 03/26/08 ADVANCED TO THIRD READING
S3432A	LAVALLE -- Expands the scope of areas from which sex offenders are prohibited from knowingly entering and provides that sex offender registrants shall refrain from such areas Same as Uni. A 6274-A BLURB : Pen L. sex offender prohibit area Last Act: 03/26/08 referred to codes

Last Action Date: 03/27/08(Results Count = )
Bill No.
A2192	Calhoun (MS) -- Provides that evidence shall not be suppressed if obtained by police while acting in good faith No Same as BLURB : CP L. good faith, evid suppress Last Act: 03/27/08 held for consideration in codes
A4829	Tedisco (MS) -- Provides for a program to transport persons subject to an outstanding warrant of arrest to the appropriate jurisdiction No Same as BLURB : Exec. arrest warrant trans. Last Act: 03/27/08 held for consideration in governmental operations
A5441	Tedisco (MS) -- Provides for a program to transport persons subject to an outstanding warrant of arrest to the appropriate jurisdiction Same as Uni. S 2959 BLURB : Exec. arrest warrant trans Last Act: 03/27/08 held for consideration in governmental operations
A5462	Scozzafava (MS) -- Establishes the crime of domestic assault No Same as BLURB : CP L. domestic assault Last Act: 03/27/08 held for consideration in codes
A6467	Barra (MS) -- Waives the fee for a license to carry a firearm for a retired agent or representative of a law enforcement agency or bureau of the United States government No Same as BLURB : Pen L. waive pistol fee fed agent Last Act: 03/27/08 held for consideration in codes
A6696	McKevitt (MS) -- Relates to the enforcement of orders of restitution or reparation No Same as BLURB : CP L. enf. restit. or repartn. Last Act: 03/27/08 held for consideration in codes
A10397	Raia -- Grants peace officer status to uniformed court officers employed by the village of Northport village justice court Same as S 6545 BLURB : CP L. Northport ct; peace officer Last Act: 03/27/08 referred to codes
S1703A	ROBACH -- Relates to aggravated unlicensed operation of a motor vehicle Same as A 3998-A BLURB : CP L. vehicular assault & manslg Last Act: 03/27/08 referred to codes
S4034	VOLKER -- Requires the disclosure of certain prior convictions to prospective police officer and peace officer employers No Same as BLURB : CP L. disclose certain info Last Act: 03/27/08 referred to codes
S5092	DEFRANCISCO -- Provides for a child victim fee imposed on conviction for certain crimes and forfeiture of instrumentalities of such crimes and uses moneys to supplement a fund Same as A 8251 BLURB : Pen L. child victim fee Last Act: 03/27/08 REPORTED AND COMMITTED TO FINANCE

Last Action Date: 03/28/08(Results Count = )
Bill No.
A4206	Aubry (MS) -- Requires a criminal court to release a defendant charged with certain offenses involving marihuana on his or her own recognizance upon ordering a case adjourned in contemplation of dismissal No Same as BLURB : CP L. marihuana offense; ACOD Last Act: 03/28/08 advanced to third reading cal.804
A4410B	Weisenberg (MS) -- Authorizes the metropolitan transportation authority to offer a no fare program to certain police officers and fire marshals Same as S 4688-A BLURB : Pub Aut. police; no-fare on train Last Act: 03/28/08 amend (t) and recommit to corporations, authorities and commissions 03/28/08 print number 4410b
S912A	DEFRANCISCO -- Establishes a class D felony for sex offenders who fail to register or verify and are found at locations where children often frequent Same as A 9115-A BLURB : Cor. sx ofnd regstr verif Last Act: 03/28/08 referred to correction
S1295	FARLEY -- Relates to the confidentiality of certain personnel records maintained by the department of taxation and finance Same as A 7525 BLURB : Civ Rts. tax emplyee persnl rcrds Last Act: 03/28/08 referred to governmental operations
S2453	SEWARD -- Authorizes peace officers designated by the superintendent of insurance to execute arrest and search warrants Same as A 59 BLURB : CP L. peace officer execute warrt Last Act: 03/28/08 2ND REPORT CAL.
S2878	DEFRANCISCO -- Establishes if a victim is less than 18 years of age certain persons shall be allowed to make a statement at the time of sentence of a criminal defendant Same as A 7506 BLURB : CP L. victim's statemnt for minrs Last Act: 03/28/08 2ND REPORT CAL.
S3949	VOLKER -- Delivery of criminal history records Same as A 8195 BLURB : CP L. dlv crm hs rcrd Last Act: 03/28/08 2ND REPORT CAL.
S4146	VOLKER -- Relates to final orders of observation of individuals who lack capacity to stand trial No Same as BLURB : CP L. observ.indiv.lackofcapacity Last Act: 03/28/08 referred to codes
S4268	GOLDEN -- Permits disclosure of arrest and prosecution records of applicants for employment in police departments and law enforcement agencies Same as A 7478 BLURB : CP L. arrest rec; law enfrce empl Last Act: 03/28/08 2ND REPORT CAL.
S6906	VOLKER -- Relates to notification to victims of service of orders of protection Same as A 9641 BLURB : CP L. orders of protect; victims Last Act: 03/28/08 2ND REPORT CAL.
S7158	MALTESE -- Relates to additional considerations for public arbitration panels relating to certain employees of the Triborough Bridge and Tunnel Authority Same as A 9898 BLURB : Civ Serv. TBTA dispute resltn Last Act: 03/28/08 2ND REPORT CAL.
S7311	BONACIC -- Relates to benefits payable to, or on behalf of, certain employees of the division of parole injured or killed in the performance of duty Same as A 9893 BLURB : R & SS. benefits div parole Last Act: 03/28/08 REFERRED TO CIVIL SERVICE & PENSIONS

Last Action Date: 03/31/08(Results Count = )
Bill No.
S4690A	TRUNZO -- Provides procedures for resolution of disputes between a public employer and Suffolk county park police No Same as BLURB : Civ Serv. res ds Sflk Cty pk pol Last Act: 03/31/08 AMENDED 4690A
S4873A	VOLKER -- Authorizes defendants to make electronic appearances in pending criminal actions No Same as BLURB : CP L. elctr appearnce; crim actns Last Act: 03/31/08 AMENDED 4873A

JUDICIARY LAW:

Bill No.
S7249	VOLKER -- Establishes all cases in supreme court in Erie county may be eligible for filing by electronic means Same as A10362 Last Act: 03/24/08 REFERRED TO CODES

Last Action Date: 03/25/08(Results Count = )
Bill No.
S7262	NOZZOLIO -- Makes the judicial hearing officer pilot program in the family courts of the seventh and eighth judicial districts permanent Same as A 8845 Last Act: 03/25/08 REFERRED TO JUDICIARY

Last Action Date: 03/26/08(Results Count = )

Bill No.

S7272

LANZA -- Makes agency shop fee provisions for public employees permanent
Same as A10030
Last Act: 03/26/08 REFERRED TO CIVIL SERVICE & PENSIONS

Old Bill: S3694A of 2006

Old Bill Last Act: 06/08/06 AMEND AND RECOMMIT TO CIVIL SERVICE & PENSIONS
06/08/06 PRINT NUMBER 3694A

Last Action Date: 03/28/08(Results Count = )
Bill No.
S5102A	ROBACH -- Allows a refund of certain member contributions for Tier III and Tier IV court clerks of the city of New York in the unified court system Same as A 6315-B Last Act: 03/28/08 AMEND AND RECOMMIT TO JUDICIARY 03/28/08 PRINT NUMBER 5102A

PENAL LAW:

Bill No.
S7244	LARKIN -- Provides that a town or village may establish a mandatory surcharge on traffic infractions, misdemeanors and violations to pay the costs of justice court security No Same as Last Act: 03/24/08 REFERRED TO TRANSPORTATION
S7253	SAMPSON -- Adds medical and health insurance information within the definitions of identity theft No Same as Last Act: 03/24/08 REFERRED TO CODES

Last Action Date: 03/25/08(Results Count = )
Bill No.
A2887A	Lentol (MS) -- 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 Last Act: 03/25/08 amend and recommit to codes 03/25/08 print number 2887a
A10375	Cusick -- Provides that certain sex offenders who are released on parole or sentenced to probation may not enter public, association or free libraries Same as S 6907-A Last Act: 03/25/08 referred to codes

Last Action Date: 03/26/08(Results Count = )
Bill No.
A731A	Paulin (MS) -- Requires sale or transfer of certain firearms between unlicensed persons shall be conducted through a licensed firearms dealer No Same as Last Act: 03/26/08 amend and recommit to economic development 03/26/08 print number 731a
A5513C	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 Same as S 3845-C Last Act: 03/26/08 REFERRED TO CODES
A6525A	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 Last Act: 03/26/08 amend and recommit to codes 03/26/08 print number 6525a
A6850	Stirpe -- Expands when a person is guilty of criminal trespass in the second degree No Same as Last Act: 03/26/08 REFERRED TO CODES
A7764B	Aubry -- Provides inmates the opportunity to obtain a general equivalency diploma No Same as Last Act: 03/26/08 REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
A8008	Titus (MS) -- Requires the commissioner, when processing reports of accidents filed, to give priority to reports involving serious physical injury or death No Same as Last Act: 03/26/08 REFERRED TO TRANSPORTATION
A9615A	Paulin (MS) -- Establishes the crime of promoting an obscene sexual performance by a child in the first degree No Same as Last Act: 03/26/08 amend and recommit to codes 03/26/08 print number 9615a
S644	LARKIN -- Makes the forgery of or possession of a forged certificate of insurance or insurance identification card a class E felony Same as A 2087 Last Act: 03/26/08 referred to codes
S1086A	SALAND -- Relates to offenses involving the sexual performance of a child No Same as Last Act: 03/26/08 referred to codes
S1540	FUSCHILLO -- Provides that impersonation of a pilot or member of an aviation flight or ground crew is a class A misdemeanor No Same as Last Act: 03/26/08 referred to codes
S3052	ROBACH -- Prohibits employers from discriminating against victims of domestic violence or stalking No Same as Last Act: 03/26/08 ADVANCED TO THIRD READING
S3432A	LAVALLE -- Expands the scope of areas from which sex offenders are prohibited from knowingly entering and provides that sex offender registrants shall refrain from such areas Same as Uni. A 6274-A Last Act: 03/26/08 referred to codes
S7275	SAMPSON -- Decreases amounts of payments wrongfully received for health care fraud No Same as Last Act: 03/26/08 REFERRED TO CODES
S7283	WINNER -- Relates to explosives No Same as Last Act: 03/26/08 REFERRED TO LABOR

Last Action Date: 03/27/08(Results Count = )
Bill No.
A2779	Kolb (MS) -- Creates the crimes of criminal interference with a funeral service in the first and second degrees No Same as Last Act: 03/27/08 held for consideration in codes
A2787	Kolb (MS) -- Prohibits sale of explicit and violent video games to minors and requires labeling thereof No Same as Last Act: 03/27/08 held for consideration in consumer affairs and protection
A3212	Barra (MS) -- Establishes the crime of vehicular display of obscenity, a class A misdemeanor No Same as Last Act: 03/27/08 held for consideration in codes
A4737	Barra -- Provides for criminal liability of owners of a firearm, rifle or shotgun for offenses committed by persons under the age of eighteen years No Same as Last Act: 03/27/08 held for consideration in codes
A5440	Tedisco (MS) -- Provides for the development of a program to deny state benefits to certain persons subject to an outstanding warrant of arrest Same as Uni. S 2958 Last Act: 03/27/08 held for consideration in governmental operations
A5462	Scozzafava (MS) -- Establishes the crime of domestic assault No Same as Last Act: 03/27/08 held for consideration in codes
A6467	Barra (MS) -- Waives the fee for a license to carry a firearm for a retired agent or representative of a law enforcement agency or bureau of the United States government No Same as Last Act: 03/27/08 held for consideration in codes
A10397	Raia -- Grants peace officer status to uniformed court officers employed by the village of Northport village justice court Same as S 6545 Last Act: 03/27/08 referred to codes
A10401	Morelle (MS) -- Relates to the licensure of life settlement brokers; creates certain crimes relating to life settlement fraud; relates to premium finance agreements; repealer No Same as Last Act: 03/27/08 referred to insurance
S1533A	FUSCHILLO -- Creates class E felony of false personation at a transportation facility or public place for the knowing misrepresentation of personal information to gain access No Same as Last Act: 03/27/08 referred to codes
S1703A	ROBACH -- Relates to aggravated unlicensed operation of a motor vehicle Same as A 3998-A Last Act: 03/27/08 referred to codes
S1756A	RATH -- Provides for a suspension of a driver's license when holder of such license is convicted for theft of motor fuel Same as A 1554-A Last Act: 03/27/08 referred to transportation
S4040A	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 Same as A 7293-A Last Act: 03/27/08 referred to transportation
S5092	DEFRANCISCO -- Provides for a child victim fee imposed on conviction for certain crimes and forfeiture of instrumentalities of such crimes and uses moneys to supplement a fund Same as A 8251 Last Act: 03/27/08 REPORTED AND COMMITTED TO FINANCE
S7297	FUSCHILLO -- Relates to debt collection procedures related to identity theft Same as A 8152 Last Act: 03/27/08 REFERRED TO CONSUMER PROTECTION

Last Action Date: 03/28/08(Results Count = )
Bill No.
A6011D	Pretlow (MS) -- Relates to assaults on city marshals, traffic enforcement officers and traffic enforcement agents and makes certain technical corrections Same as S 4209-B Last Act: 03/28/08 advanced to third reading cal.806
S99	DEFRANCISCO -- Prohibits the throwing, tossing or expelling of saliva, spit or sputum at or on a public employee Same as A 6080 Last Act: 03/28/08 2ND REPORT CAL.
S163	ALESI -- Removes requirement that person be informed of the consequences of such act to be guilty of the crime of false personation; raises penalty from class B to class A Same as A 3396 Last Act: 03/28/08 2ND REPORT CAL.
S248	MORAHAN -- Establishes the crime of unlawful possession of an identity scanning device Same as A 320 Last Act: 03/28/08 2ND REPORT CAL.
S278	ALESI -- Establishes the crime of unlawful failure to obey a police officer while operating a motor vehicle Same as A 6182 Last Act: 03/28/08 2ND REPORT CAL.
S1448	NOZZOLIO -- Establishes the crime of unlawful purchase or sale of a social security number Same as A 9712 Last Act: 03/28/08 2ND REPORT CAL.
S1542	FUSCHILLO -- Includes property consisting of certain identification devices as property which, when stolen, would constitute grand larceny in the fourth degree No Same as Last Act: 03/28/08 referred to codes
S1815	SKELOS -- Establishes the class E felony of assault at a sports contest Same as A 4377 Last Act: 03/28/08 2ND REPORT CAL.
S2373	VOLKER -- Includes within the class D felony of assault in the second degree, the intentional causing of physical injury to a station cleaner or terminal cleaner Same as A 4567 Last Act: 03/28/08 2ND REPORT CAL.
S2739	DEFRANCISCO -- Establishes the class A misdemeanor of disruption of a sports contest Same as A 5536 Last Act: 03/28/08 2ND REPORT CAL.
S3441	GOLDEN -- Adds registered nurse and licensed practical nurse to assault of emergency medical professionals and provides for class C and D felonies for physical injury to them Same as A 6186 Last Act: 03/28/08 2ND REPORT CAL.
S3877	VOLKER -- Makes intentional refusal to heed and obey a police or peace officer a violation Same as A 3985 Last Act: 03/28/08 2ND REPORT CAL.
S4043	NOZZOLIO -- Relates to sexual conduct between inmates and employees and the duty to report such conduct Same as A 8189 Last Act: 03/28/08 2ND REPORT CAL.
S4209B	PADAVAN -- Relates to assaults on city marshals, traffic enforcement officers and traffic enforcement agents and makes certain technical corrections Same as A 6011-D Last Act: 03/28/08 2ND REPORT CAL.
S4789	SALAND -- Provides that use of a credit card account number or debit card account number shall be considered theft of property where such use is for an unlawful purpose Same as A 67 Last Act: 03/28/08 2ND REPORT CAL.
S4953	VOLKER -- Provides that certain fees related to sex offenders shall be waived when the conviction is substituted with a youthful offender finding Same as A 7762 Last Act: 03/28/08 2ND REPORT CAL.
S5299	BONACIC -- Prohibits the throwing, tossing, expectorating or expelling of saliva or other bodily secretion or excretion at or on an employee of a correctional facility Same as A 1177 Last Act: 03/28/08 2ND REPORT CAL.
S5729A	GOLDEN -- Establishes the crime of refusing to identify oneself upon questioning Same as A 7975-A Last Act: 03/28/08 2ND REPORT CAL.
S5730	GOLDEN -- Provides for assault against employees and agents of the department of juvenile justice of the city of New York to be a class C felony Same as A 7943 Last Act: 03/28/08 2ND REPORT CAL.
S5767	GOLDEN -- Provides that unlawful disclosure of personal information concerning a police officer shall be aggravated harassment in the second degree Same as A 3492-A Last Act: 03/28/08 2ND REPORT CAL.
S5991	GOLDEN -- Enhances the criminal penalties for assaulting employees of a local social services district while in the performance of their duties Same as A 9224 Last Act: 03/28/08 2ND REPORT CAL.
S6657	DEFRANCISCO -- Increases the penalties for persons leaving the scene of a boating accident Same as A 9812 Last Act: 03/28/08 1ST REPORT CAL.666
S7024	LANZA -- Creates standards for the licensing and registry of security guards Same as A10119-A Last Act: 03/28/08 2ND REPORT CAL.

Full post as published by New York Supreme Court Criminal Term Library on March 31, 2008 (boomark / email).