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Assembly Bill A4931

2009-2010 Legislative Session

Eliminates the ability of the district attorney to offer plea bargains to sex offenders

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Archive: Last Bill Status - In Assembly Committee

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2009-A4931 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง220.10, CP L

2009-A4931 (ACTIVE) - Summary

Eliminates the ability of the district attorney to offer plea bargains to sex offenders.

2009-A4931 (ACTIVE) - Bill Text download pdf 

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

                                  4931

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 10, 2009
                               ___________

Introduced  by  M.  of  A.  BRODSKY, LUPARDO, REILLY, ABBATE, EDDINGTON,
  WEISENBERG, P. RIVERA,  DelMONTE,  FIELDS,  MARKEY,  KOON,  SCHROEDER,
  ENGLEBRIGHT,  HOOPER, SPANO -- Multi-Sponsored by -- M. of A. BOYLAND,
  COLTON, GALEF, HIKIND, JOHN, PEOPLES, SEMINERIO,  SWEENEY,  WRIGHT  --
  read once and referred to the Committee on Codes

AN ACT to amend the criminal procedure law, in relation to removing plea
  bargaining for sex offenders

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

  Section 1. Legislative findings.  The legislature finds  and  declares
the  following:  (i)  individuals  charged  with  sex offenses under the
current law may be allowed to plea bargain down  to  a  lesser  included
crime  or lesser crime; (ii) such plea bargaining can result in individ-
uals charged with simultaneous commission of burglary and rape, or sexu-
al assaults against minors, or other horrific sex offenses being allowed
to plead to the lesser accompanying crime of burglary, or  to  a  lesser
included crime; (iii) such practice of plea bargaining allows sex offen-
ders  to  escape  from  being  charged  with  a sex offense, which would
require them to register as a sex offender under New York's Megan's Law;
(iv) such unregistered sex offenders cannot be found in the sex offender
registry by concerned citizens, and local law enforcement is  not  noti-
fied  of  such offenders' whereabouts; (v) therefore, the intent of this
bill is to eliminate the practice of plea bargaining of sex offenses  to
non-sex offenses.
  S  2. 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  CONTAINED  IN  ARTICLE  ONE
HUNDRED THIRTY, OR SECTION 255.25, OR ARTICLE TWO HUNDRED SIXTY-THREE OF
THE PENAL LAW, OR ANY OTHER FELONY DEFINED AS A "SEX OFFENSE" IN SECTION
ONE  HUNDRED  SIXTY-EIGHT-A OF THE CORRECTION LAW, THE DISTRICT ATTORNEY
SHALL NOT BE AUTHORIZED TO  ACCEPT  ANY  PLEA  OF  GUILTY  TO  A  LESSER
INCLUDED CHARGE OR TO ONE OR MORE CHARGES IN RETURN FOR DISMISSAL OF ANY
REMAINING CHARGES WITHIN SUCH CATEGORIES.
  S 3. This act shall take effect immediately.

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