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Senate Bill S150

2009-2010 Legislative Session

Limits plea bargaining for misdemeanor and felony charges

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2009-S150 (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:
S1703

2009-S150 (ACTIVE) - Summary

Limits plea bargaining for misdemeanor and felony charges; provides, in cases where the indictment charges a misdemeanor or felony, that any plea of guilty thereafter entered in satisfaction of such charge shall include at least a plea of guilty to the violation of the offense which is not less than one class lower than the class of crime which was originally charged.

2009-S150 (ACTIVE) - Sponsor Memo

2009-S150 (ACTIVE) - Bill Text download pdf 

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

                                   150

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  Sen. SAMPSON -- 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 misdemeanor and felony charges

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

  Section  1. Section 220.10 of the criminal procedure law is amended by
adding a new subdivision 5-a to read as follows:
  5-A. EXCEPT AS PROVIDED IN SUBDIVISION FIVE OF THIS SECTION, WHERE THE
INDICTMENT CHARGES A MISDEMEANOR OR FELONY, ANY PLEA OF GUILTY THEREAFT-
ER ENTERED IN SATISFACTION OF SUCH CHARGE SHALL INCLUDE AT LEAST A  PLEA
OF  GUILTY  TO THE VIOLATION OF A CRIME WHICH IS NOT MORE THAN ONE CLASS
LOWER THAN THE CLASS OF CRIME WHICH WAS ORIGINALLY CHARGED AND NO  OTHER
DISPOSITION  BY  PLEA  OF  GUILTY TO ANY OTHER CHARGE IN SATISFACTION OF
SUCH ORIGINAL CHARGE SHALL BE AUTHORIZED. IF THE DISTRICT ATTORNEY  UPON
REVIEWING  THE  AVAILABLE  EVIDENCE  DETERMINES  THAT  THE  CHARGE  OF A
VIOLATION OF SUCH MISDEMEANOR OR FELONY 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.
                                                           LBD01975-01-9

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