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Senate Bill S1482

2009-2010 Legislative Session

Limits plea bargaining for felony sex offense charges

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2009-S1482 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง220.10, CP L
Versions Introduced in 2011-2012 Legislative Session:
S2000

2009-S1482 (ACTIVE) - Summary

Provides that when a person is charged with certain designated sexual offenses, any plea bargain shall contain a plea of guilty to at least one of such offenses, unless the district attorney determines that such a charge is not warranted, in which event, the defendant may plead to another charge in satisfaction of the charges preferred.

2009-S1482 (ACTIVE) - Sponsor Memo

2009-S1482 (ACTIVE) - Bill Text download pdf 

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

                                  1482

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 2, 2009
                               ___________

Introduced  by  Sens. SKELOS, FARLEY, FUSCHILLO, GOLDEN, GRIFFO, HANNON,
  LEIBELL, MAZIARZ, MORAHAN, SALAND,  SEWARD,  VOLKER,  WINNER  --  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 limiting plea
  bargaining for sexual offenders

  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  CONTAINED  IN  ARTICLE  ONE
HUNDRED  THIRTY OR SECTION 255.25, 263.05, 263.10 OR 263.15 OF THE PENAL
LAW, ANY PLEA OF GUILTY  THEREAFTER  ENTERED  IN  SATISFACTION  OF  SUCH
CHARGE MUST INCLUDE AT LEAST A PLEA OF GUILTY TO THE VIOLATION OF ONE OF
THE ABOVE ENUMERATED OFFENSES AND NO OTHER DISPOSITION BY PLEA OF GUILTY
TO  ANY OTHER CHARGE IN SATISFACTION OF SUCH CHARGE SHALL BE AUTHORIZED,
PROVIDED, HOWEVER, IF THE DISTRICT ATTORNEY UPON REVIEWING THE AVAILABLE
EVIDENCE DETERMINES THAT THE CHARGE OF A VIOLATION OF THE ABOVE  ENUMER-
ATED  FELONIES IS NOT WARRANTED, SUCH DISTRICT ATTORNEY MAY CONSENT, AND
THE COURT MAY ALLOW A DISPOSITION BY PLEA OF GUILTY TO ANOTHER CHARGE IN
SATISFACTION OF SUCH CHARGE; PROVIDED, HOWEVER, IN ALL SUCH  CASES,  THE
COURT SHALL SET FORTH UPON THE RECORD THE BASIS FOR SUCH DISPOSITION.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03380-01-9

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