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Assembly Bill A7591

2009-2010 Legislative Session

Requires all eligible defendants to plead guilty to the charge or charges as a condition of participation in the judicial diversion program

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Archive: Last Bill Status - In Assembly Committee

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2009-A7591 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง216.05, CP L

2009-A7591 (ACTIVE) - Summary

Requires all eligible defendants to plead guilty to the felony controlled substance charge or charges as a condition of participation in the judicial diversion program; eliminates the possibility of being exempt from making such a plea, regardless of the consequences thereof, or the consent of the people and the court.

2009-A7591 (ACTIVE) - Bill Text download pdf 

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

                                  7591

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 16, 2009
                               ___________

Introduced  by  M. of A. BALL, TOWNSEND -- read once and referred to the
  Committee on Codes

AN ACT to amend the criminal procedure law, in relation to participation
  in the judicial diversion program without a plea of guilty

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

  Section  1.  Subdivision 4 of section 216.05 of the criminal procedure
law, as added by section 4 of part AAA of chapter  56  of  the  laws  of
2009, is amended to read as follows:
  4.  When  an authorized court determines, pursuant to paragraph (b) of
subdivision three of this section, that an eligible defendant should  be
offered  alcohol  or  substance abuse treatment, or when the parties and
the court agree to an eligible defendant's participation in  alcohol  or
substance  abuse  treatment,  an  eligible  defendant  may be allowed to
participate in the judicial diversion program offered by  this  article.
Prior  to  the court's issuing an order granting judicial diversion, the
eligible defendant shall be required to enter a plea of  guilty  to  the
charge or charges[; provided, however, that no such guilty plea shall be
required when:
  (a)  the  people  and  the court consent to the entry of such an order
without a plea of guilty; or
  (b) based on a finding of exceptional circumstances, the court  deter-
mines  that a plea of guilty shall not be required. For purposes of this
subdivision, exceptional circumstances exist  when,  regardless  of  the
ultimate disposition of the case, the entry of a plea of guilty is like-
ly to result in severe collateral consequences].
  S  2.  This  act  shall  take  effect on the same date and in the same
manner as section 4 of part AAA of chapter 56 of the laws of 2009, takes
effect.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11155-01-9

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