Significant Criminal Justice Legislative Accomplishments
An Amendment Concerning State Entities: 2011 N.Y. Laws Ch 62. (410kb PDF) Merges the Department of Correctional Services and Division of Parole into the Department of Corrections and Community Supervision.
An Amendment Concerning Peace Officers: 2010 N.Y. Laws Ch 491. Consolidates and streamlines the police officer and peace officer registries, and upgrades and clarifies minimum training requirements for peace officers.
Amendments Concerning Larceny: 2010 N.Y. Laws Ch 464 and 2010 N.Y. Laws Ch 479. Chapter 464 Amends the Penal Law to extend the crime covered by grand larceny in the third degree to include the theft of an ATM, or the theft of the contents of an ATM; and establish the crime of aggravated grand larceny of an automated teller machine. Chapter 479 amends the Penal Law in relation to larceny of religious property.
An Amendment to the Abandoned Infant Protection Act of 2000: 2010 N.Y. Laws Ch 447. Amends the Penal Law to allow individuals to abandon infants up to thirty days old and not be held criminally liable.
An Amendment Concerning Orders of Protection: 2010 N.Y. Laws 2010 Ch 446. Amends the Family Court Act and the Domestic Relations Law to clarify that litigants have the same options of peace and police officer service for orders and temporary orders and legal papers issued in later stages of family offense proceedings including service of extended orders and for petitions alleging violations of orders of protection as they have for original orders and accompanying pleadings.
Orders of Protection for the Protection of Witnesses: 2010 N.Y. Laws Ch 421. Amends the Family Court Act to require a defendant to stay away from any witness designated by the court.
Strangulation and Related Offenses: 2010 N.Y. Laws Ch 405. Creates the crimes of criminal obstruction of breathing or blood circulation, and strangulation in the first and second degrees.
Ambrose-Searles Move Over Act: 2010 N.Y. Laws Ch 387. Amends the Vehicle and Traffic Law to require motorists to exercise due care or “move over” when approaching a parked, stopped or standing authorized emergency vehicle with emergency lights flashing.
An Amendment Concerning Human Body Parts: 2010 N.Y. Laws Ch 382. Amends the Public Health Law to establish penalties for unlawfully stealing or receiving a dead human body or any tissue, organ or part thereof, or opening a grave with the intent of removing the body or any tissue, organ or part thereof for the purpose of selling it.
An Amendment Concerning Eligibility for the Shock Incarceration Program: 2010 N.Y. Laws Ch 377. Amends the Correction Law to expand eligibility for the shock incarceration program for certain non-violent offenders.
Amendments Concerning Assaults: 2010 N.Y. Laws Ch 318 and 2010 N.Y. Laws Ch 345. Amends the Penal Law to criminalize assaults on registered nurses and license practical nurses; and sanitation enforcement agents, respectively.
Orders of Protection: 2010 N.Y. Laws Ch 341. Amends the Family Court Act and the Domestic Relations Law to provide that orders of protection shall not be denied solely on the basis that the events alleged are not relatively contemporaneous with the date of the application or conclusion thereof.
Sex Trafficking: 2010 N.Y. Laws Ch 332. Amends the Criminal Procedure Law to enable victims of sex trafficking who are convicted of prostitution-related offenses as a result of the trafficking to apply to the court to get the conviction vacated.
Sex Offenders and Criminal Trespass: 2010 N.Y. Laws Ch 315. Amends the Penal Law to create the category of criminal trespass in the 2nd degree by a level two or level three sex offender if he or she enters a school where the victim of his or her offense attends or formerly attended, with some exceptions.
An Amendment Concerning Hypodermic Syringes: 2010 N.Y. Laws Ch 284. Amends the Penal Law to provide that a person is not criminally liable for possessing syringes and drug residue in or on syringes that the person possesses pursuant Public Health Law § 3381.
Sex Offenders and Public Housing: 2010 N.Y. Laws Ch 278. Amends the Correction Law to require the Division of Criminal Justice Services to make sex offender registry information regarding level 2 and 3 offenders available to municipal housing authorities.
Facsimile and Electronic Transmission of Orders of Protection: 2010 N.Y. Laws Ch 261. Amends the Family Court Act and the Domestic Relations Law to allow the facsimile and electronic transmission of orders of protection.
Amendment Concerning Inmate Labor: 2010 N.Y Laws Ch 256. Amends the Correction Law to authorize inmates in state and local correctional facilities to voluntarily perform work for non-profit organizations.
Amendment Concerning Loitering: 2010 N.Y Laws Ch 232. Repeals three subdivisions of Penal Law section 240.35 that have been held unconstitutional by different appellate courts and also makes conforming changes in other statutes that refer to the repealed provisions and to the predecessor statute to one of the repealed provisions.
Amendment Concerning Sexual Contact Definition: 2010 N.Y. Laws Ch. 193. Amends the Penal Law to include, in the definition of "sexual contact," the emitting of ejaculate onto the victim.
Stop and Frisk: 2010 N.Y. Laws Ch 176. Amends the Criminal Procedure Law to prohibit the police from entering into an electronic database the personal identifiers of individuals who have been stopped and/or frisked by police in public places in cities with a population of one million or more and released without any further legal action.
Hate Crimes: 2010 N.Y. Laws Ch. 158. Amends the Penal Law to authorize courts to require, as part of a sentence imposed upon a person convicted of a hate crime, that such defendant complete a program, training session or counseling session directed at hate crime prevention and education; and amends the Executive Law to provide for the expansion of the Division of Criminal Justice Services development and provision of continuing legal education, training, advice and assistance for prosecutors to include training on the prosecution of hate crimes.
Rockefeller Drug Law Reform Amendment: 2010 N.Y. Laws Ch 121. Amends the Drug Law Reform Act of 2004 to clarify that clarify that, in accordance with Penal Law section 70.70(3)(d), a sentence of parole supervision can be either an indeterminate sentence of imprisonment or a determinate sentence of imprisonment imposed upon an "eligible defendant."
Bench Warrants: 2010 N.Y. Laws Ch 10. Amends the Criminal Procedure Law to permit all state-paid uniformed court officers to execute bench warrants.
Amendment Concerning Aggravated Sexual Conduct and Aggravated Sexual Abuse: 2009 N.Y. Laws Ch 485. Amends the Penal Law by adding the word "anus" to the list of certain parts of the body of a victim.
Amendment Concerning Aggravated Murder Involving a Child: 2009 N.Y. Laws Ch 482. Amends the Penal Law to increase to life imprisonment, without possibility of parole, the available sentence for an adult who inflicts torture on a child, intentionally causing the child's death.
Sex Offender Registry Updates by Email: 2009 N.Y. Laws Ch. 478. Amends the Correction Law to allow automated e-mail notification of changes or updates in the Sex Offender Registry Subdirectory in specific locality at no charge.
Aggravated Interference with Health Care Services: 2009 N.Y. Laws Ch. 493. Amends the Penal Law to create a new class E felony of “Aggravated interference with health care services in the second degree” (causing physical injury to someone who is obtaining, providing or assisting someone to obtain or provide reproductive health services) and a new class C felony of “Aggravated interference with health care services in the first degree” (causing serious physical injury to someone who is obtaining, providing, or assisting someone to obtain or provide reproductive health services).
Amendment Concerning Eligibility of Certain Felony Offenders for Parole and Medical Parole: 2009 N.Y. Laws Ch. 495. Amends the Penal Law and Executive Law to require all A-I felons and second child sexual assault offenders to serve their sentences consecutively to any time still to be served on a previous sentence. In addition, the legislation ensures that all inmates required to serve half of their sentence in order to be considered for medical parole in fact do serve half of their court-imposed sentences.
Leandra’s Law: 2009 N.Y. Laws Ch. 496. Amends the Vehicle and Traffic Law to make it a felony to drive while intoxicated or under the influence of drugs with a child under 16 years of age in the car. Requires all drivers convicted of misdemeanor or felony driving while intoxicated to install ignition interlocks.
Rockefeller Drug Law Reform: 2009 N.Y. Laws Ch. 56, Parts AAA and L, amends the Correction Law, Criminal Procedure Law, Executive Law, Judiciary Law, Mental Hygiene Law, and the Penal Law to include several significant changes to the sentencing statutes and related laws governing felony drug prosecutions. The changes permit certain inmates to apply for resentencing and permits judges to start sending some new offenders to drug treatment or boot camp programs instead of prison.
Domestic Violence: 2008 N.Y. Laws Ch. 69. Amends the Penal Law to establish that intentionally preventing a person from communicating certain requests for emergency assistance shall be criminal mischief in the 4th degree.
New Crime, Facilitating a Sexual Performance by a Child with a Controlled Substance or Alcohol: 2008 N.Y. Laws Ch. 431. Amends the Penal Law to establish the crime of facilitating a sexual performance by a child with a controlled substance or alcohol.
Re-Entry Initiative: 2008 N.Y. Laws Ch. 469. Amends the General Business Law to provide guidelines for evaluating applications for issuing licenses for cosmetologists and barbers, where the applicant/licensee has a prior criminal history record.
Re-Entry Initiative: 2008 N.Y. Laws Ch. 534. Amends the Executive Law in relation to evidence of an employee's past criminal record.
Custody/Visitation: 2008 N.Y. Laws Ch. 595. Amends the Domestic Relations Law, Family Court Act, Executive Law and Correction Law to require a court, prior to issuing any order of custody and/or visitation, to review orders of protection, warrants of arrest and sex offender registries, with regard to the party seeking custody and/or visitation; also requires disclosure of the results of such review to counsel for the parties.
Domestic Violence: 2008 N.Y. Laws Ch. 601. Amends the Penal Law to establish for the purposes of the crime of criminal mischief and related offenses that "property of another" shall include property jointly or co-owned by another person.
Access to Criminal History in Child Protection Cases: 2008 N.Y. Laws Ch. 602. Amends the Executive Law and Social Services Law to provide child protective services units with access to criminal history reports of adults residing with children alleged or suspected to be abused or neglected.
Amendment Concerning the Sex Offender Registry: 2008 N.Y. Laws Ch. 428. Amends the Public Health Law to, among other things, add the word "association" to those entities included in the definition of camp operator for purposes of the Public Health Law. The application of the law to volunteers and the annual registry check requirement are to comport the statute with the Department of Health regulations concerning individuals to be checked against the Sex Offender Registry.
Amendment Concerning Sex Offenders: 2008 N.Y. Laws Ch. 430. Amends the Real Property Law, in relation to prohibiting sex offenders from being entitled to a license as a real estate broker or real estate salesman.
Re-Entry Initiative: 2008 N.Y. Laws Ch. 465. Amends the General Business Law and Labor Law, in relation to the provision of criminal record conviction information in certain instances.
Amendment of the Elimination of the Statute of Limitations for B Sex Felonies: 2008 N.Y. Laws Ch. 467. Amends the Criminal Procedure Law, in relation to the timeliness of prosecutions by adding "sodomy in the first degree as formerly defined in section 130.50 of the penal law", thereby fulfilling the original intention of the elimination of the statute of limitations for Class B felony sex offenses.
Drug Law Reform Act Amendment: 2008 N.Y. Laws Ch. 486. Amends the Executive Law, in relation to clarifying when a drug offender who was presumptively released must be discharged from parole supervision.
Amendments to the Sex Offender Registration Act: 2008 N.Y. Laws Ch. 232. Amends the Sex Offender Registration Act to require registration by persons convicted of the federal crimes of coercion and enticement, transportation of minors or use of interstate facilities to transmit information about a minor.
Amendments to the Sex Offender Registration Act: 2008 N.Y. Laws Ch. 296. Amends the Sex Offender Registration Act to require the automatic revocation of a teaching certificate held by a teacher convicted of a sex offense.
Identity Theft: 2008 N.Y. Laws Ch. 279. Relates to identity theft, protection of sensitive personal information and employee personal identifying information, and establishes the crime of unlawful possession of skimmer device
Elder Fraud: 2008 N.Y. Laws Ch 291. Establishes criminal penalties for defrauding a vulnerable elderly person as defined in Penal Law §260.30(3).
Orders of Protection: 2008 N.Y. Laws Ch 326. Provides that orders of protection may be entered against any member of the same family or household; expands the definition of "members of the same family or household" to former spouse whether or not living together and unrelated persons who continually or at regular intervals reside in the same household or have done so in the past, and persons who are or have been in a dating or intimate relationship whether or not they have ever lived together.
Luring a Child: 2008 N.Y. Laws Ch. 405. Creates the crime of luring a child to provide that a person who lures a child less than fourteen years of age into a motor vehicle, aircraft, watercraft, building or isolated area is guilty of committing a class E felony offense.
Gun Safety: 2008 N.Y. Laws Ch. 491. Provides for the transmission of data relating to the possession and acquisition of a firearm; relates to the collection, retention or modification of records or the transmittal of such data or records to the Division of Criminal Justice Services for the purposes of responding to national criminal background check queries.
Public Display of Noose Crime: 2008 N.Y. Laws Ch. 74. Amends the Penal Law to include etching, painting, drawing or otherwise placing or displaying a noose, a symbol of racism and intimidation, on a building or other real property without the express permission of the owner as an element of the crime of Aggravated harassment in the first degree, a class E felony.
Electronic Security and Targeting of Online Predators Act: 2008 N.Y. Laws Ch. 67. Amends the Correction Law, Penal Law, Executive Law and State Finance Law, in relation to the protection from convicted sex offenders of people who use internet services.
Elder Assault: 2008 N.Y. Laws Ch. 68. Amends the Penal Law to include physically injuring persons older than sixty-five as an assault in the second degree if the actor is more than ten years younger than such person.
HIV Testing: 2007 N.Y. Laws Ch. 571. Upon request of the victim of certain sex offenses, requires the testing of criminal defendants indicted for such sex offenses for human immunodeficiency virus.
Driving While Intoxicated Reform: 2007 N.Y. Laws Ch. 345. Amends the Penal Law to create the new crime of aggravated vehicular homicide, a class B felony with a penalty of up to 25 years in prison. This crime would apply to criminals who kill someone while driving under the influence of alcohol or drugs and also have at least one of the following: BAC of .18 or higher; prior DWI conviction within the last 10 years; crash caused the death of more than one person; crash killed one person and severely injured another; or the offender was driving with a suspended or revoked license from any state. It also creates the new crime of aggravated vehicular assault, a class C felony with a penalty of up to 15 years in prison. This crime would apply to someone driving under the influence of alcohol or drugs who caused serious physical injury to another person and also have at least one of the following: BAC of .18 or higher; prior DWI conviction within the last 10 years; crash caused serious injury to more than one person; offender was driving with a suspended or revoked license from any state.
Sex Offender Registration Act - Failure To Register: 2007 N.Y. Laws Ch. 373. Amends the Correction Law to provide that the failure of a sex offender to register or verify pursuant to the provisions of the sex offender registration act is a class E felony for the first offense and a class D felony for a second or subsequent offense.
Human Trafficking: 2007 N.Y. Laws Ch. 74. Enacts provisions relating to offenses involving human trafficking and puts in place services for victims of human trafficking.
Disseminating Indecent Materials To Minors: 2007 N.Y. Laws Ch. 8. Amends the Penal Law to ensure that graphic written text transmitted over the computer to a minor falls within the purview of the statute relating to indecent material.
Sex Offender Management Treatment Act: 2007 N.Y. Laws Ch. 7. This bill enacts the Sex Offender Management and Treatment Act, which establishes comprehensive reforms to enhance public safety by allowing the State to continue managing sex offenders upon the expiration of their criminal sentences, either by civilly confining the most dangerous recidivistic sex offenders, or by permitting strict and intensive parole supervision of offenders who pose a lesser risk of harm. Treatment is mandated during both criminal and civil confinement and during the period of strict supervision. It also establishes an Office of Sex Offender Management and creates a new crime of a "Sexually motivated felony," and provides for enhanced terms of post-release supervision for all persons who commit felony sex offenses
Vehicular Assault/Vehicular Manslaughter:2006 N.Y. Laws Ch. 746. Amends the Vehicle & Traffic Law and the Penal Law, in relation to vehicular assault and vehicular manslaughter regarding, inter alia, out-of-state driving while intoxicated convictions.
Illegal Weapon Possession: 2006 N.Y. Laws Ch. 745. Amends the Penal Law to include the possession of a loaded firearm with intent to use such firearm unlawfully against another within the class C felony of Criminal possession of a weapon in the second degree.
Increased Penalties For Illegal Weapon Possession: 2006 N.Y. Laws Ch. 742. Amends the penal law to raise the felony level for the crime of possession of a loaded firearm from a D violent felony (Criminal possession of a weapon in the third degree) to a C violent felony (Criminal possession of a weapon in the second degree). The previous sentence for a first conviction of this offense was a mandatory minimum of one year, with a maximum determinate term of 7 years. A separate exception, however, allowed the Courts to impose a sentence of probation. Under the new law, a mandatory determinate term, with a minimum of 3 1/2 years and a maximum of 15 years will be the penalty.
Craig J. Todeschini Unlawful Fleeing a Police Officer Act: 2006 N.Y. Laws Ch. 738. Amends the penal law to criminalize the action of refusing to obey directions to stop by police and recklessly fleeing in a motor vehicle where such action results in injury or death to another, by creating three new crimes, Unlawful fleeing a police officer in a motor vehicle in the 1st, 2nd and 3rd degrees, as D felony, E felony and A misdemeanor crimes, respectively.
Driving While Intoxicated Reform: 2006 N.Y. Laws Ch. 732. Amends the Vehicle and Traffic Law, the Criminal Procedure Law, the Mental Hygiene Law, and the Penal Law in relation to establishing the offense of driving while ability impaired by the combined influence of alcohol and any drug; assessment and treatment of alcohol and substance abuse by persons operating motor vehicles while under the influence of alcohol or drugs; the permanent revocation of drivers' licenses upon a refusal to submit to a chemical test; and the crimes of vehicular manslaughter and vehicular assault.
Crime Victim Assistance Program: 2006 N.Y. Ch. 173. Requires the Crime Victims Board (CVB) to provide information cards to police agencies for distribution to crime victims. These cards inform crime victims of their basic rights and available services and programs.
Increased Penalties for Shaken Baby Crimes (Cynthia’s Law): 2006 N.Y. Laws Ch. 110. This law adds a new crime of Reckless assault of a child, a class D violent felony. A person who is eighteen years of age or more commits this new crime if he or she recklessly causes serious physical injury to the brain of a child less than five years old by shaking the child, or by slamming or throwing the child so as to impact the child’s head on a hard surface or object.
Compelling Prostitution: 2005 N.Y. Laws Ch. 450 and 2006 N.Y. Laws Ch. 91. Chapter 450 of the Laws of 2005 established the new class B felony of Compelling prostitution, defined as when someone 21 years or older compels a person less than 16 years old, by force or intimidation, to engage in prostitution. Chapter 91 of the Laws of 2006 makes the offense of Compelling prostitution a sex offense which requires a person convicted thereof to register as a sex offender; and also designates the offense for purposes of the DNA identification index which requires persons convicted of Compelling prostitution to provide a DNA sample to the state DNA identification index.
2006 Expansion of DNA Identification Index: 2006 N.Y. Laws Ch. 2. Expands the list of crimes that require inclusion in the State DNA Databank to include all felonies and select misdemeanors. This will dramatically increase the number of crimes for which a DNA submission is required after conviction -- from 62% of felonies prior to this law’s enactment, to 100%, and from less than 1% of misdemeanors to 34%.
Elimination of Statute of Limitations for B Sex Felonies: 2006 N.Y. Laws Ch. 3. Removes the criminal statute of limitations for the Class B felonies of Rape 1st, Criminal sexual act 1st, Aggravated sexual abuse 1st, and Course of sexual conduct against a child 1st. It also creates a five-year statute of limitations for civil suits against the perpetrator of these crimes and provides an additional five-year statute of limitations beginning at the time any criminal proceeding arising from the act is commenced.
Predatory Sexual Assault: 2006 N.Y. Laws Ch. 107. Creates two new Class A-II felony crimes of Predatory sexual assault and Predatory sexual assault against a child, with a maximum term of life incarceration and minimum terms between 10 and 25 years.
Bill Leaf-Brandi Woods Law: 2006 N.Y. Laws Ch. 245. Increases the penalties for Vehicular assault and Vehicular manslaughter when committed by persons who have previously been convicted of an alcohol or drug-related driving while intoxicated or impaired charge within the previous ten years.
Swastika Graffiti/Cross Burning Crime: 2006 N.Y. Laws Ch. 49. Provides that making a swastika, commonly known as the emblem of Nazi Germany, on property without permission of owner or burning a cross in public view, are class E felonies.
School Bus Firearm Ban: 2006 N.Y. Laws Ch. 199. Expands the current law to include possession of rifles, shotguns or firearms on a school bus within the crime of Criminal possession of a weapon in the 4th degree.
Expansion of Sex Offender Internet Posting: 2006 N.Y. Laws Ch. 106. Amends the Sex Offender Registration Act to require the Division of Criminal Justice Services to make available on its website information such as photos, addresses, names and aliases regarding level 2 sex offenders. Also allows community notification by police entities with vulnerable populations regarding level 1 sex offenders.
Megan’s Law Strengthened: 2006 N.Y. Laws Ch. 1. Requires level one sex offenders to register for 20 years and level two sex offenders, in addition to level three sex offenders and sex offenders with a designation, to register for life; authorizes certain level 2 sex offenders to petition for relief from registering after they have been registered for 30 years; and eliminates the petition for relief for certain level three sex offenders.
Crimes Against Police Act: 2005 N.Y. Laws Ch. 765. Act establishes certain offenses including Aggravated menacing of a police or peace officer, Aggravated criminally negligent homicide, Aggravated manslaughter in the first and second degrees, and Aggravated murder.
Gun Trafficking: 2005 N.Y. Laws Ch. 764. Amends the Penal Law to redefine the term "violent felony offense" and elements of the crimes of Criminal possession of a weapon in various degrees, and Criminal sale of a firearm in various degrees, in order to, inter alia, reduce the number of weapons required in order to be convicted of such offenses.
Restricting Sex Offenders Access to Certain Medications: 2005 N.Y. Laws Ch. 645. Restricts the coverage under publicly funded medical insurance programs of certain medications used to treat erectile dysfunction when prescribed for use by registered sex offenders.
Reform A-II Drug Sentences: 2005 N.Y. Laws Ch. 643. Extends the right to petition for resentencing to a determinate term of imprisonment to individuals serving indeterminate sentences to A-II controlled substances felony offenses.
Merit Time/Drug Offenders: 2005 N.Y. Laws Ch. 644. Provides for the granting of additional merit time to certain felony controlled substance and marijuana offenders participating in a work release program or other continuous temporary release programs.
Felon Name Change: 2005 N.Y. Laws Ch. 613. Makes notification requirements relating to change of name by a person convicted of certain felonies applicable to all convictions and petitions.
Methamphetamine: 2005 N.Y. Laws Ch. 394. Enhances law enforcement officials' ability to prosecute individuals who run and operate illegal, dangerous methamphetamine labs even if the individuals are not caught with the finished product. In addition, prosecutors can now seek felony level convictions for possession and/or theft of anhydrous ammonia, a common agricultural fertilizer and industrial refrigerant and key ingredient in one of the illegal production methods of methamphetamine. It also directs the Office of Alcoholism and Substance Abuse Services (OASAS) to implement a statewide education program concerning the dangers of using and producing methamphetamine.
Dangerous Drivers: 2005 N.Y. Laws Chapters 39 and 92. Vasean's Law, eliminates the need for prosecutors to prove criminal negligence to charge a felony when a drunken driver injures or kills someone else.
Dangerous Drivers: 2005 N.Y. Laws Chapters 49 and 108. Increases the potential sentence for drivers who leave the scene of a fatal accident from 4 years in prison, which was the same as for hit-and-run drivers who merely injure someone, to up to 7 years.
Rockefeller Drug Law Reform: 2004 N.Y. Laws Ch. 738. Reforms the sentencing structure of New York's drug laws to reduce prison terms for non-violent drug offenders, provides retroactive sentencing relief and makes related drug law sentencing improvements concerning controlled substances and indeterminate sentences.
Amendments to Sex Offender Registration Act: 2004 N.Y. Laws Ch. 146. Expands the definition of "sex offense" by including a conviction of an offense in any other jurisdiction which includes all of the essential elements of Forcible touching or Sexual abuse in the third degree.
Expansion of DNA Identification Index: 2004 N.Y. Laws Ch. 138 and Ch. 576. Makes all sex offenders required to register pursuant to the sex offender registration act and persons convicted of various other felony offenses or an attempt to commit such an offense, designated offenders for DNA submission purposes; authorizes a court to provide a defendant with information on the location of specified evidence.
Anti-Terrorism Preparedness Act Of 2004: 2004 N.Y. Laws Ch. 1. Establishes the state office of homeland security; creates security measures for hazardous substances storage facilities; provides training to assure adequate response to incidents involving hazardous materials and weapons of mass destruction; protects responders in all geographic areas of the state; establishes the statewide wireless network advisory council; relates to airport security; enacts life-long prosecution for terrorism; creates the crimes of criminal possession of a chemical or biological weapon in the first, second and third degrees; promulgates a list of select chemical agents and select biological agents; defines designated offender; relates to the placement of devices and objects which falsely appear to be hazardous substances; creates the crime of Money laundering in support of terrorism.
Stephanie's Law: 2003 N.Y. Laws Ch. 69. Prohibits surreptitious surveillance without consent and disseminating and unlawful recording thereof and amends the Correction Law in relation to the Sex Offender Registration Act.
Sexual Assault Reform: 2003 N.Y. Laws Ch. 264. Provides for various reforms to provisions of law relating to criminal sexual conduct; changes the name of certain offenses; relates to the period of probation for Sexual assault and sentencing for repeat offenses of Sexual assault against a child; exempts married persons from the application of non-forcible sex offenses, Forcible touching and Persistent sexual abuse; includes additional offenses for which the conviction requires registration as a sex offender and with the sex offender “900” telephone number; provides for direct reimbursement by the crime victims board to hospitals, sexual assault examiner programs and licenses health care providers who provide health care forensic examinations to sexual assault survivors.
Sean's Law: 2002 N.Y. Laws Ch. 571. Ensures the prompt suspension of a junior driver's license or permit when a junior driver is charged with alcohol related traffic offenses.
Domestic Violence Training: 2002 N.Y. Laws Ch. 280. Specifies that the dynamics of domestic violence be included in course training for new hired and existing employees of a child protective service.
Driving While Intoxicated Threshold Lowered to .08: 2002 N.Y. Laws Ch. 3. Reduces the blood alcohol threshold for determination of intoxication to .08. Law takes effect July 1, 2003.
Megan's Law: 1995 N.Y. Laws Ch. 192, amended by 1999 N.Y. Laws Ch. 453, and 2002 N.Y. Laws Ch. 11. Creates the New York State Sex Offender Registration Act which requires individuals convicted of certain offenses to register with the New York State Division of Criminal Justice Services and provide address information. [Search the NYS Sex Offender subdirectory].
Alysa's Law: 2001 N.Y. Laws Ch. 1. Requires barriers around swimming pools and bodies of water at licensed day care centers.
Anti-Terrorism Act of 2001: 2001 N.Y. Laws Ch. 300. Establishes felony offenses for soliciting or providing support for an act of terrorism or hindering prosecution of terrorism.
Gun Law Reform: 2000 N.Y. Laws Ch. 189. Provides a minimum age for applicants for a pistol license is 21, except for veterans; requires the sale of gun locks with the purchase of a gun; requires that the theft or loss of a firearm, rifle or shotgun be reported to the police within 24 hours of discovery; bans assault weapons; requires background checks for sales at gun shows; establishes a gun trafficking interdiction program to halt the movement of guns illegally entering New York; establishes a ballistics databank to assist in tracing ownership of guns used in the commission of crimes; adds criminal penalties for attempting to purchase a weapon when one is prohibited by law to do so, and for "straw" purchasers who purchase firearms for someone who is prohibited by law from possessing a weapon.
Sexual Assault Reform Act of 2000: 2000 N.Y. Laws Ch. 1. Establishes statewide sexual assault forensic examiner program; establishes rape crisis, and intervention and prevention programs; designates gamma hydrobutyric (GHB) acid as a controlled substance; prohibits sex offenders on parole from entering school grounds; and amends the Sex Offender Registration Act (Megan's Law).
Hate Crimes Act of 2000: 2000 N.Y. Laws Ch. 107. Enhances penalties for offenders who commit a specific offense against an individual because of his or her race, color, national origin, ancestry, gender, age, disabilities, religion, or religious practice, or sexual orientation.
Buster's Law: 1999 N.Y. Laws Ch. 118. Creates the offense of Aggravated cruelty to animals.
Clinic Access & Anti-Stalking Act of 1999: 1999 N.Y. Law Ch. 635. Proscribes conduct constituting the criminal interference with health care services or religious worship and expands upon conduct constituting the crime of stalking and permits enjoinder of violations thereof.
Victim Impact Statements to Board Of Parole: 1998 N.Y. Laws Ch. 611. Provides that victims and their families have the opportunity to present victim impact statements each and every time a convicted criminal appears before the Board of Parole.
Jenna's Law: 1998 N.Y. Law Ch. 1. Establishes determinate sentences for certain violent felons; sets period of post-release supervision; requires victim notification upon release of certain inmates. Overview of key provisions.
Kieran's Law: 1998 N.Y. Laws Ch. 3. Authorizes a criminal history search of a person caring for children.
Lee Ann Cruz Memorial Act: 1998 N.Y. Laws Ch. 150. Prohibits a court from ordering visitation or custody of a child to a person convicted of killing the child's parent.
Kathy's Law: 1998 N.Y. Laws Ch. 381. Establishes felony offenses for Endangering the welfare of a vulnerable elderly person or an incompetent or physically disabled person.
Enhanced Penalties for Violation of Orders of Protection: 1996 N.Y. Laws Ch. 353, amended by 1998 N.Y. Laws Ch. 597. Enhances prosecutors' ability to protect victims of domestic violence from additional acts of abuse by permitting felony charges in a wider array of circumstances when orders of protection are violated.
Jeremy Fiedeholtz/Julia Haas Safe Day Care Act: 1998 N.Y. Laws Ch. 600. Creates crimes related to assault and injury of children and creates a class A misdemeanor for misrepresentation of information concerning child care providers.
Primary Physical Aggressor Law: 1997 N.Y. Laws Ch. 4. Establishes factors for police to determine primary physical aggressor in domestic violence cases; requires promulgation of guidelines for police agencies to follow in domestic violence cases. Law expires September 1, 2005.
Elisa's Law: 1996 N.Y. Laws Ch. 12. Expands disclosure of information in the statewide central register of child abuse and maltreatment.
Restored Death Penalty to New York State: 1995 N.Y. Laws Ch. 1*. Allows imposition of death by lethal injection for persons convicted of murder in the first degree in certain instance.
*A June 24, 2004 decision of the New York State Court of Appeals, New York’s highest court, held that a provision concerning the “jury deadlock instruction” in New York’s death penalty law violated the State constitution (People v. LaValle, 3 N.Y. 3d 88 ). As a result, a death penalty which results from a case wherein the trial judge included the unconstitutional deadlock instruction may not be imposed under current New York law.
Sentencing Reform Act of 1995: 1995 N.Y. Laws Ch. 3. Requires determinate sentences; reduces "good time" credit; sets minimum sentences for certain felony convictions and institutes new felony sentencing guidelines.