senate Bill S1068

Amended

Relates to plea bargains in felony sex offense cases; provides that certain pleas shall result in certain minimum punishments

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Bill Status


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

  • 09 / Jan / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • REFERRED TO CODES
  • 09 / Jan / 2014
    • AMEND AND RECOMMIT TO CODES
  • 09 / Jan / 2014
    • PRINT NUMBER 1068A

Summary

Provides that where a defendant is charged with a felony sex offense, then any plea of guilty must be or must include at least a plea of guilty to a sex felony.

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Bill Details

See Assembly Version of this Bill:
A4009
Versions:
S1068
S1068A
Legislative Cycle:
2013-2014
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยงยง220.10 & 220.30, CP L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S225, A2451
2009-2010: S1400, A821
2007-2008: A3038

Sponsor Memo

BILL NUMBER:S1068

TITLE OF BILL:
An act
to amend the criminal procedure law, in relation to plea bargains in
felony sex offenses

PURPOSE:
To require defendants charged with sex felony offenses who enter pleas
to plead to at least a sex felony.

SUMMARY OF PROVISIONS:
Section 1, Amends CPL. 220.10(5) to provide that a pleading defendant
charged with a sex felony offense, must plead guilty to a sex felony
offense.

Section 2. Amends CPL. 220.10(5) by deleting special pleading
provisions for juvenile sex offenders.

Section 3. Amends CPL. 220.30(b) to provide that a plea bargain made
to part of an indictment which includes a sex felony offense must
include a plea to a sex felony offense.

JUSTIFICATION:
One of the major problems with Our criminal justice system is that
defendants charged with sex felony offenses are, for a variety of
reasons allowed to plead guilty to non-sex offenses. As a result,
these defendants are lost in the system. They are not treated as sex
offenders. They are not required to undergo sex offender treatment or
evaluation. They are released into the community without
notification, although there is a great likelihood that they will
re-offend. By not allowing defendants charged with sex felony
offenses to plead out of a sex felony offense we will be able to
prevent sex offenders from getting lost in the system.

BILL HISTORY:
Referred to Codes in 2001/2002.
S.560/A.1578 Referred to Codes in 2003/2004.
S.1162 of 2005/06 Referred to Codes
S.111 of 2008/2009 Referred to Senate Codes Committee.
S.1400/A.821 of 2009/2010 Referred to Senate Codes
S.225/A.2451 of 2011/2012 Referred to Codes

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:
The first of November next succeeding the date on which it shall have
become a law.

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

                                  1068

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. MAZIARZ -- 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 plea bargains
  in felony sex offenses

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

  Section  1.  Subdivision 5 of section 220.10 of the criminal procedure
law is amended by adding a new paragraph (i) to read as follows:
  (I) WHERE THE INDICTMENT CHARGES  A  FELONY  DEFINED  IN  ARTICLE  ONE
HUNDRED  THIRTY OF THE PENAL LAW, THEN ANY PLEA OF GUILTY ENTERED PURSU-
ANT TO SUBDIVISION THREE OR FOUR OF THIS SECTION MUST BE OR MUST INCLUDE
AT LEAST A PLEA OF GUILTY TO A FELONY DEFINED  IN  ARTICLE  ONE  HUNDRED
THIRTY  OF  THE  PENAL LAW; PROVIDED, HOWEVER, THAT WHERE THE INDICTMENT
CHARGES A CLASS B OR A CLASS C FELONY AS DEFINED IN ARTICLE ONE  HUNDRED
THIRTY  OF  THE PENAL LAW, THEN A PLEA OF GUILTY MUST INCLUDE AT LEAST A
PLEA OF GUILTY TO A CLASS D FELONY AS DEFINED  IN  ARTICLE  ONE  HUNDRED
THIRTY OF THE PENAL LAW.
  S  2.  Subparagraph (iii) of paragraph (g) of subdivision 5 of section
220.10 of the criminal procedure law, as amended by chapter 264  of  the
laws of 2003, is amended to read as follows:
  (iii)  Where  the  indictment  does  not  charge  a crime specified in
subparagraph (i) of this paragraph, the district attorney may  recommend
removal  of the action to the family court. Upon making such recommenda-
tion the district attorney shall submit a subscribed memorandum  setting
forth:  (1) a recommendation that the interests of justice would best be
served by removal of the action to the family  court;  and  (2)  if  the
indictment  charges  a thirteen year old with the crime of murder in the
second degree[, or a fourteen or fifteen year old  with  the  crimes  of
rape in the first degree as defined in subdivision one of section 130.35
of  the penal law, or criminal sexual act in the first degree as defined

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02077-01-3

S. 1068                             2

in subdivision one of section 130.50 of the  penal  law],  or  an  armed
felony  as  defined in paragraph (a) of subdivision forty-one of section
1.20 of this chapter specific factors, one or more of  which  reasonably
supports  the recommendation, showing, (i) mitigating circumstances that
bear directly upon the manner in which the crime was committed, or  (ii)
where  the defendant was not the sole participant in the crime, that the
defendant's participation was relatively minor although not so minor  as
to  constitute a defense to the prosecution, or (iii) possible deficien-
cies in proof of the crime, or (iv) where the juvenile offender  has  no
previous  adjudications  of having committed a designated felony act, as
defined in subdivision eight of section 301.2 of the family  court  act,
regardless  of  the age of the offender at the time of commission of the
act, that the criminal act was not part of a pattern of criminal  behav-
ior  and,  in  view  of the history of the offender, is not likely to be
repeated.
  S 3. Paragraph (b) of subdivision 3 of section 220.30 of the  criminal
procedure law is amended by adding two new subparagraphs (x) and (xi) to
read as follows:
  (X)  A  PLEA OF GUILTY, WHETHER TO THE ENTIRE INDICTMENT OR TO PART OF
THE INDICTMENT FOR ANY CRIME OTHER THAN A FELONY DEFINED IN ARTICLE  ONE
HUNDRED THIRTY OF THE PENAL LAW MAY NOT BE ACCEPTED ON CONDITION THAT IT
CONSTITUTES  A  COMPLETE  DISPOSITION  OF  ONE OR MORE OTHER INDICTMENTS
AGAINST THE DEFENDANT WHEREIN IS CHARGED A FELONY DEFINED IN ARTICLE ONE
HUNDRED THIRTY OF THE PENAL LAW.
  (XI) A PLEA OF GUILTY, WHETHER TO THE ENTIRE INDICTMENT OR TO PART  OF
THE  INDICTMENT FOR ANY CRIME OTHER THAN A CLASS B, A CLASS C OR A CLASS
D FELONY DEFINED IN ARTICLE ONE HUNDRED THIRTY OF THE PENAL LAW, MAY NOT
BE ACCEPTED ON CONDITION THAT IT CONSTITUTES A COMPLETE  DISPOSITION  OF
ONE OR MORE OTHER INDICTMENTS AGAINST THE DEFENDANT WHEREIN IS CHARGED A
CLASS B OR A CLASS C FELONY DEFINED IN ARTICLE ONE HUNDRED THIRTY OF THE
PENAL LAW.
  S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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