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Senate Bill S2593

2009-2010 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2009-S2593 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยงยง180.50 & 180.70, CP L
Versions Introduced in Other Legislative Sessions:
2011-2012: S2993
2013-2014: S807

2009-S2593 (ACTIVE) - 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.

2009-S2593 (ACTIVE) - Sponsor Memo

2009-S2593 (ACTIVE) - Bill Text download pdf 

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

                                  2593

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 25, 2009
                               ___________

Introduced by Sens. ADAMS, MONSERRATE -- 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.
                                                           LBD04991-01-9

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