Division of Criminal Justice Services

Coded Law File

Current Summary of Changes:

Law File Changes- November, 2006

Note: Laws added to the file since the last posting on July 12, 2006 begin with relative address/law ordinal 7378. Be aware, however, that changes/corrections have been made to existing laws. A summary is shown below, but may not be complete. We recommend that you overwrite the existing law file with the new one.

Major Legislation:

Unlawful Fleeing a Police Officer
Bill S8445 was signed Chapter 738 on 9/13/2006, effective Nov 1st. It creates a new crime for refusing to obey directions by police to stop, and recklessly fleeing in a motor vehicle where such action results in injury or death to another.

Reckless Assault of a Child
Bill S7008 was signed Chapter 110 on 6/28/2006, effective Nov 1st. It creates a new class D felony for causing brain injury to a child under five years, by shaking, slamming or throwing the child.

Predatory Sexual Assault
Bill A8939A was signed Chapter 107 on 6/23/2006, effective immediately. A new section 130.95, a class A-II felony, was added to the penal law. It is defined as the commission of any one of four class B violent felonies in article 130 of the penal law along with any one of four aggravating factors, such as causing serious physical injury to the victim. This law significantly increases penalties for these serious sex crimes by providing for a maximum life sentence to be imposed.

Bill S6277B was signed Chapter 320 on 7/26/2006, effective Nov 1st. PL 255.25 was amended to Incest 3rd degree, and the legislature enacted PL 255.26 - Incest 2nd degree; and PL 255.27- Incest 1st degree. The bill is intended to toughen punishment for certain child sexual offenders.

Use of a Child to Commit a Controlled Substance Offense
Bill A2833 was signed Chapter 564 on 8/16/2006, effective Nov 1st. A new section 220.28, a class E felony, was added to the penal law to protect children from being used to effectuate the sale or attempted sale of controlled substances.

Weapon Charges
Bill S8467 was signed Chapter 742 on 10/31/2006, effective Nov 1st. Possession of a Loaded Firearm, PL 265.02 sub 4 which was a class D felony, is now PL 265.03 sub 3, a class C felony.

Health Care Fraud
Bill S8450 was signed Chapter 442 on 7/26/2006, effective Nov 1st. The legislature created five new health care fraud laws under a new article in the penal law- 177. These offenses range from a class A misdemeanor to a class B felony.

Aggravated Harassment
Bill A7027 was signed Chapter 49 on 6/07/2006, effective immediately. It added subdivisions 3 and 4 to PL 240.31, making it a class E felony to put a swastika on a building or real property of another without the owner’s permission, or to set a cross on fire in public view.

Aggravated DWI
Bill S8232 was signed Chapter 732 on 9/13/2006, effective Nov 1st. It created new subdivisions 2-A and 4-A under VTL 1192, and amended VTL 1193. This bill also amended Vehicular Assault, PL 120.03 and 120.04, and Vehicular Manslaughter, PL 125.12 and 125.13.

Sex Offender Photo Requirements
Bill S3666 was passed in 2005 and took effect on April 12, 2006. Sex offenders are required under the Corrections Law to appear at the law enforcement agency having jurisdiction to be photographed, every year for a level 3 offender, and every third year for a level 1 or 2 offender.

Law File Changes:

The effective date was corrected on ordinal 6266, and added to ordinals 1938, 1939, 1944, 2018-2024, 2026-2027, and 2158.

The repeal date was removed on ordinals 1385, 1681, 3048, 3781, and 3940.

A repeal date was added to ordinals 1938, 1939, 1944, 2154, 2158, 3840, 4486, 4781-4783, 4819- 4821, 4861-4862, 4973, 4974, 4981, 4986, 5035, 5036, 5044, 5045, 5049, 5051, 5057, 5058, 5288, 5495, 5551, 5571, 5572, 5594, 5596, 5888, 5929, 6015, 6426, 6563, 6564, 6778, 6783, 6817, 6818, 7079, 7118-7120, 7244-7247, and 7250-7253, and 7338-7345.

A date_invalidated was added to ordinal 1939.

The literals were modified on ordinals 2019-2024, 2026-2027, 3781, 4971, 4972, 4975, 5875, 5925, 5926, 5945, 5946, 6266, 6930, 6931, 6936, 6938-6940, and 6998.

The DMV_VTCODE was deleted from DWI laws which were repealed (including some which had been repealed a while ago but the VT code had been left on file): 3272, 4969, 4970, 4973, 4974, 4978, 4980, 4981, 4986, 5413, 5414, 5596, 5874, 5923, 5929, 5930, 6933-6935, 6937.

UCR Codes:
The UCR code was modified on ordinal 7015.

Mainframe Only:
Literal modified on ordinal/relative address 5991.

Archive of Changes:

Law File Changes- July 2006

Law File Changes- January 2006

Law File Changes- July 13, 2005

Law File Changes- February 28, 2005

Law File Changes- February 1, 2005

Law File Changes- October 2004

Law File Changes- February 2004

Law File Changes- October 2003

Law File Changes- August 2003

Law File Changes- June 2003

Law File Changes- April 2003

Law File Changes- January 2003

Law File Changes- November 2002

Law file Changes - Anti-Terrorism Legislation of 2001

Law File Changes - Hate Crimes Act of 2000