S T A T E   O F   N E W   Y O R K
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                                  7621

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 11, 2011
                               ___________

Introduced by M. of A. LENTOL -- read once and referred to the Committee
  on Codes

AN  ACT to amend the criminal procedure law, in relation to the require-
  ment of preparing pre-sentence reports and the waiver of such  reports
  under  certain  circumstances,  and to repeal the closing paragraph of
  paragraph (a) of subdivision 4 of section 390.20 of such law  relating
  to waiver of pre-sentence reports where indeterminate sentences are to
  be imposed

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 390.20 of the  criminal  procedure
law is amended to read as follows:
  1.  Requirement  for felonies. In any case where a person is convicted
of a felony, the court must order a pre-sentence  investigation  of  the
defendant  and  it  may  not  pronounce sentence until it has received a
written report of such investigation.  THIS REQUIREMENT SHALL NOT  APPLY
WHEN  A  NEGOTIATED SENTENCE OF IMPRISONMENT HAS BEEN AGREED UPON BY THE
PARTIES AS A RESULT OF A CONVICTION  OR  REVOCATION  OF  A  SENTENCE  OF
PROBATION, AND NO SENTENCE OF PROBATION WILL BE IMPOSED.
  S 2. Subdivision 2 of section 390.20 of the criminal procedure law, as
amended  by chapter 413 of the laws of 1991, paragraph (b) as amended by
section 179 of the laws of 2010, is amended to read as follows:
  2. Requirement for misdemeanors. Where a  person  is  convicted  of  a
misdemeanor  a  pre-sentence  report is not required[, but the court may
not pronounce any of the following sentences unless  it  has  ordered  a
pre-sentence  investigation  of the defendant and has received a written
report thereof:
  (a) A sentence of probation except where the  provisions  of  subpara-
graph (ii) of paragraph (a) of subdivision four of this section apply;
  (b)  A  sentence  of  imprisonment for a term in excess of one hundred
eighty days;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11283-01-1
              

A. 7621                             2

  (c) Consecutive sentences of imprisonment with terms aggregating  more
than ninety days].
  S 3. Subdivision 4 of section 390.20 of the criminal procedure law, as
added by chapter 413 of the laws of 1991, the closing paragraph of para-
graph  (a)  as  amended  by chapter 3 of the laws of 1995, is amended to
read as follows:
  4. Waiver. (a) [Notwithstanding the provisions of subdivision  one  or
two  of  this  section, a] A pre-sentence investigation of the defendant
and a written report thereon, WHEN REQUIRED PURSUANT TO SUBDIVISION  ONE
OF  THIS SECTION, may be waived by the mutual consent of the parties and
with consent of the judge, stated on the record or in writing, whenever:
  (i) [A sentence of imprisonment has been agreed upon  by  the  parties
and will be satisfied by the time served, or
  (ii)]  A sentence of probation has been agreed upon by the parties and
will be imposed, or
  [(iii)] (II) A report  has  been  prepared  in  the  preceding  twelve
months[, or
  (iv) A sentence of probation is revoked.
  Provided, however, a pre-sentence investigation of the defendant and a
written report thereon shall not be waived if an indeterminate or deter-
minate sentence of imprisonment is to be imposed].
  (b)  Whenever  a pre-sentence investigation and report has been waived
pursuant to subparagraph (i)[,] OR (ii) [or (iii)] of paragraph  (a)  of
this subdivision and the court determines that such information would be
relevant  to  the  court disposition, a victim impact statement shall be
provided in accordance with this section.
  S 4. The closing paragraph  of  paragraph  (a)  of  subdivision  4  of
section 390.20 of the criminal procedure law, as added by chapter 413 of
the laws of 1991, is REPEALED.
  S  5.  This  act shall take effect on the ninetieth day after it shall
have become a law, provided, however, that the amendments to the closing
paragraph of paragraph (a) of subdivision 4 of  section  390.20  of  the
criminal  procedure  law  made  by  section  three  of this act shall be
subject to the expiration and reversion of such  paragraph  pursuant  to
subdivision  d  of  section  74  of  chapter  3  of the laws of 1995, as
amended, when upon such date the provisions of section four of this  act
shall take effect.