senate Bill S2993

Prohibits reduction of felony charge where the victim of the felony was 70 years or older

download pdf

Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 04 / Feb / 2011
    • REFERRED TO CODES
  • 04 / Jan / 2012
    • REFERRED TO CODES

Summary

Prohibits the reduction of a felony charge where there is reasonable cause to believe the defendant committed a felony in addition to a non-felony offense and where there is reasonable cause to believe the defendant committed such felony against a victim who was 70 years of age or older at the time of such offense.

do you support this bill?

Bill Details

Versions:
S2993
Legislative Cycle:
2011-2012
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยงยง180.50 & 180.70, CP L
Versions Introduced in 2009-2010 Legislative Cycle:
S2593

Sponsor Memo

BILL NUMBER:S2993

TITLE OF BILL:
An act
to amend the criminal procedure law, in relation to prohibiting the
reduction of a felony charge where the victim of
the felony was seventy years of age or older

PURPOSE:
Prohibits the reduction of a felony charge where the victim of a crime
is seventy years of age or older.

SUMMARY OF PROVISIONS:
Amends paragraph (b) of subdivision 2 of section 180.50 and
subdivision 3 of section 180.70 of the Criminal Procedure Law to
achieve the above stated purpose.

JUSTIFICATION:
This legislation would strengthen the law against those who commit
felonies against one of the most vulnerable groups in our
communities: our senior citizens. We as a society have an obligation
to protect our senior citizens from those who prey on the elderly.
This bill would prevent any individual who would bring harm to a
vulnerable older person from pleading to a reduced charge in
satisfaction of the original felony charge, and will guarantee
punishment to the fullest extent of the law.

LEGISLATIVE HISTORY:
S.3778 ADAMS
Criminal Procedure Law
03/15/07 REFERRED TO CODES
01/09/08 REFERRED TO CODES

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding
the date on which it shall have become law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2993

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 4, 2011
                               ___________

Introduced  by  Sen.  ADAMS  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the criminal procedure law, in relation  to  prohibiting
  the  reduction  of  a felony charge where the victim of the felony was
  seventy years of age or older

  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 180.50 of the
criminal procedure law, as amended by chapter 481 of the laws  of  1978,
is amended to read as follows:
  (b)    If  there  is  reasonable  cause  to believe that the defendant
committed a felony in addition to the non-felony offense, the court  may
order  a  reduction of the charge to one for the non-felony offense only
if (i) it is satisfied  that  such  reduction  is  in  the  interest  of
justice,  and  (ii)  the  district  attorney consents thereto; provided,
however, that the court may not order  such  reduction  where  there  is
reasonable cause to believe that the defendant committed a class A felo-
ny,  other than those defined in article two hundred twenty of the penal
law, or any armed felony as defined in subdivision forty-one of  section
1.20 OR WHERE THERE IS REASONABLE CAUSE TO BELIEVE THE DEFENDANT COMMIT-
TED ANY FELONY AND THE VICTIM OF SUCH FELONY WAS SEVENTY YEARS OF AGE OR
OLDER.
  S 2. Subdivision 3 of section 180.70 of the criminal procedure law, as
amended  by  chapter  481  of  the  laws  of 1978, is amended to read as
follows:
  3. If there is reasonable cause to believe that the defendant  commit-
ted a felony in addition to a non-felony offense, the court may, instead
of  ordering  the  defendant  held  for  the  action  of a grand jury as
provided in subdivision one, reduce the charge to one for such non-felo-
ny offense as provided in subdivision two, if (a) it is  satisfied  that
such  reduction  is  in  the  interest  of justice, and (b) the district

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07549-01-1

S. 2993                             2

attorney consents thereto; provided, however, that  the  court  may  not
order  such  reduction  where  there  is reasonable cause to believe the
defendant committed a class A felony, other than those defined in  arti-
cle  two hundred twenty of the penal law, or any armed felony as defined
in subdivision forty-one of section 1.20 OR WHERE  THERE  IS  REASONABLE
CAUSE  TO  BELIEVE  THE DEFENDANT COMMITTED ANY FELONY AND THE VICTIM OF
SUCH FELONY WAS SEVENTY YEARS OF AGE OR OLDER.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.