senate Bill S2000

2011-2012 Legislative Session

Limits plea bargaining for felony sex offense charges

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to codes
Jan 14, 2011 referred to codes

S2000 - Bill Details

Current Committee:
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง220.10, CP L
Versions Introduced in 2009-2010 Legislative Session:
S1482

S2000 - Bill Texts

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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.

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BILL NUMBER:S2000

TITLE OF BILL:
An act
to amend the criminal procedure law, in relation to limiting plea
bargaining for sexual offenders

PURPOSE:
This bill would require that a person charged with a sexual offense
would only be allowed to plea bargain where the agreed upon plea
included a sex offense.

SUMMARY OF PROVISIONS:
Amends subdivision 5 of section 220.10 of the Criminal Procedure Law by
adding a new paragraph (i) prohibiting anyone charged with a sexual
offense from agreeing to a plea bargain that does not include a sexual
offense.

JUSTIFICATION:
Our nation has overwhelmingly accepted the introduction of Sex Offender
Registries. Fifty states have enacted registries.

The purpose of the sex offender registry is to allow our citizens and
their families to be forewarned of the presence of sex offenders in
their area. It has been proven that sex offenders are more likely to
repeat their crimes than any other offenders. With the initiation of the
registries we will be able to take precautions to protect ourselves and
our children.

A person's name is included in the registry when they have been
convicted of a sexual offense and have been released from confinement.

Where an individual is charged with a crime, often, they are allowed to
plead to a lesser crime in full satisfaction of all charges. For
example, an individual charged with breaking into a home (burglary) and
with a sex offense against the occupant (rape), could be allowed to
plead to the burglary charge. The rape charge would be dropped or merged
and the sex offender would have satisfied all charges. That sex
offender, when released, would not be included in the Sex Offender
Registry, because he was not convicted of a sex offense.

This bill would prevent the above scenario. The sex offender would no
longer be allowed to plead to any charge that did not include a sex
offense.

With this bill, a sex offender would not be able to "mask" his sex
offense behind another crime. This bill is comparable to Subdivision 10
of Section 1192 of the Vehicle and Traffic Law which provides for plea
bargain limitations for Driving While Intoxicated Charges. Anyone
charged with a DWI must at least plead guilty to a violation of one of
the provisions in the DWI section.

A sex offender, because of the likelihood of a repeat offense, must be
required to plead to some sex offense. Otherwise the purpose of the Sex
Offender Registry would be easily thwarted.


LEGISLATIVE HISTORY:
2009/2010 - S.1482 - Referred to Codes
2007/2008 - S.439 - Passed Senate/Assembly Codes
2005/2006 - S.498 - Passed Senate/Assembly Codes
2004 - S.552 - Passed Senate/Assembly Codes
2003 - S.552 - Senate Codes
2001/2002 - S.383 - Senate Codes/Assembly Codes
1999/2000 - S.1017 - Passed Senate/Assembly Codes
1997/1998 - S.306 - Passed Senate/Assembly Codes
1995/1996 - S.3478 - Senate Codes.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
1st day of November after having passed.

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

                                  2000

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 14, 2011
                               ___________

Introduced  by  Sen.  SKELOS -- 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.
                                                           LBD06190-01-1

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