senate Bill S2993

2011-2012 Legislative Session

Prohibits reduction of felony charge where the victim of the felony was 70 years or older

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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
Feb 04, 2011 referred to codes

S2993 - Details

Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยงยง180.50 & 180.70, CP L
Versions Introduced in 2009-2010 Legislative Session:
S2593

S2993 - Summary

Prohibits the reduction of a felony charge where there is reasonable cause to believe the defendant committed a felony in addition to a non-felony offense and where there is reasonable cause to believe the defendant committed such felony against a victim who was 70 years of age or older at the time of such offense.

S2993 - Sponsor Memo

S2993 - Bill Text download pdf

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

                                  2993

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 4, 2011
                               ___________

Introduced  by  Sen.  ADAMS  -- 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  prohibiting
  the  reduction  of  a felony charge where the victim of the felony was
  seventy years of age or older

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

  Section  1.  Paragraph  (b)  of subdivision 2 of section 180.50 of the
criminal procedure law, as amended by chapter 481 of the laws  of  1978,
is amended to read as follows:
  (b)    If  there  is  reasonable  cause  to believe that the defendant
committed a felony in addition to the non-felony offense, the court  may
order  a  reduction of the charge to one for the non-felony offense only
if (i) it is satisfied  that  such  reduction  is  in  the  interest  of
justice,  and  (ii)  the  district  attorney consents thereto; provided,
however, that the court may not order  such  reduction  where  there  is
reasonable cause to believe that the defendant committed a class A felo-
ny,  other than those defined in article two hundred twenty of the penal
law, or any armed felony as defined in subdivision forty-one of  section
1.20 OR WHERE THERE IS REASONABLE CAUSE TO BELIEVE THE DEFENDANT COMMIT-
TED ANY FELONY AND THE VICTIM OF SUCH FELONY WAS SEVENTY YEARS OF AGE OR
OLDER.
  S 2. Subdivision 3 of section 180.70 of the criminal procedure law, as
amended  by  chapter  481  of  the  laws  of 1978, is amended to read as
follows:
  3. If there is reasonable cause to believe that the defendant  commit-
ted a felony in addition to a non-felony offense, the court may, instead
of  ordering  the  defendant  held  for  the  action  of a grand jury as
provided in subdivision one, reduce the charge to one for such non-felo-
ny offense as provided in subdivision two, if (a) it is  satisfied  that
such  reduction  is  in  the  interest  of justice, and (b) the district

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07549-01-1

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