Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jun 18, 2012 |
referred to codes delivered to assembly passed senate ordered to third reading cal.1277 committee discharged and committed to rules |
Jan 04, 2012 |
referred to codes |
May 25, 2011 |
referred to codes |
Senate Bill S5490
2011-2012 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
2011-S5490 (ACTIVE) - Details
2011-S5490 (ACTIVE) - Sponsor Memo
BILL NUMBER:S5490 TITLE OF BILL: An act to amend the criminal procedure law, in relation to the requirement 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 SUMMARY OF PROVISIONS: This bill would amend several provisions of Criminal Procedure Law ("CPL") § 390.20. First, section 1 of the bill would amend subdivision 1 to provide that the requirement that the court order a pre-sentence investigation ("PSI") when a person is convicted of a felony shall not apply when a negotiated sentence of imprisonment has been agreed upon by the parties as the result of a conviction or revocation of a sentence of probation, and no sentence of probation will be proposed. Section 2 of the bill would amend subdivision 2 of CPL § 390.20 to provide that a pre-sentence report ("PSR") would not be required in the case of a person who has been convicted of a misdemeanor. Subdivision 4 of CPL § 390.20, addressing waiver of a PSR or a PSI, would be amended by section 3 of the bill to provide that where a PSI or PSR is required by CPL § 390.20(1), it can be waived by mutual
2011-S5490 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5490 2011-2012 Regular Sessions I N S E N A T E May 25, 2011 ___________ Introduced by Sen. GOLDEN -- 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 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
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