senate Bill S2000

2011-2012 Legislative Session

Limits plea bargaining for felony sex offense charges

download bill text pdf

Sponsored By

Archive: Last Bill Status -


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

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to codes
Jan 14, 2011 referred to codes

S2000 - Details

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

S2000 - 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.

S2000 - Sponsor Memo

S2000 - Bill Text download pdf

                    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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