Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jul 15, 2010 |
signed chap.179 |
Jul 08, 2010 |
delivered to governor |
Jun 14, 2010 |
returned to assembly passed senate |
Jun 08, 2010 |
3rd reading cal.714 substituted for s5963 |
Jun 08, 2010 |
substituted by a7961 |
Jun 07, 2010 |
advanced to third reading |
Jun 03, 2010 |
2nd report cal. |
Jun 02, 2010 |
1st report cal.714 |
Jan 06, 2010 |
referred to codes |
Jun 19, 2009 |
referred to rules |
Senate Bill S5963
Signed By Governor2009-2010 Legislative Session
Sponsored By
(D, WF) Senate District
Archive: Last Bill Status Via A7961 - Signed by Governor
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
2009-S5963 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A7961
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd ยง390.20, CP L
2009-S5963 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5963 TITLE OF BILL : An act to amend the criminal procedure law, in relation to the filing of a probation report for certain misdemeanor cases This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of her Advisory Committee on Criminal Law and Procedure. Under CPL 390.20, a pre-sentence report is not required where a person is convicted of a misdemeanor except in limited instances. One of those instances is where the court is pronouncing a sentence in excess of 90 days. Yet, in many cases, there appears to be little additional need for a probation report after a defendant has been found guilty of a misdemeanor and where the court intends to sentence to less than 180 clays in jail Notably, at least for determining a right to a jury trial, a six-month penalty is short enough to classify the offense as 'petty' (see Baldwin v New York, 399 US 66 1970). Moreover, in the vast majority of cases involving misdemeanors, the cases are resolved by a plea bargain that includes an agreed-upon sentence. As it currently stands, if the court intends to sentence the defendant to between three and six months in jail, it requires at least one additional court appearance, and sometimes several, while a presentence report is prepared and filed. As a practical matter,
2009-S5963 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5963 2009-2010 Regular Sessions I N S E N A T E June 19, 2009 ___________ Introduced by Sen. SCHNEIDERMAN -- (at request of the Office of Court Administration) -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the criminal procedure law, in relation to the filing of a probation report for certain misdemeanor cases THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (b) of subdivision 2 of section 390.20 of the criminal procedure law, as amended by chapter 413 of the laws of 1991, is amended to read as follows: (b) A sentence of imprisonment for a term in excess of [ninety] ONE HUNDRED EIGHTY days; S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10094-01-9
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