Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Feb 10, 2011 |
referred to codes |
Senate Bill S3159
2011-2012 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2011-S3159 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A4826
- Current Committee:
- Senate Codes
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd ยงยง220.10 & 220.30, CP L
- Versions Introduced in 2009-2010 Legislative Session:
-
S4354, A7633
2011-S3159 (ACTIVE) - Sponsor Memo
BILL NUMBER:S3159 TITLE OF BILL: An act to amend the criminal procedure law, in relation to prohibiting plea bargaining where a defendant is indicted for the crime of rape in the first degree PURPOSE/SUMMARY OF PROVISIONS: This bill would keep sex offenders jailed by banning plea-bargaining in first-degree rape cases. The purpose is to keep sex offenders, who often repeat their offenses, in prison. Section 1 of the bill amends Subdivision 5 of Section 220.10 of the Criminal Procedure Law by creating a new Paragraph (i) which mandates the mandatory plea of guilty to the charge of first degree rape if a plea of guilty is entered pursuant to another offense as provided for in subdivision three or four of Section 220.10. Section 2 of the bill amends paragraph (g) of Subdivision 5 by deleting paragraph (d) and including paragraph (e) viz. the provisions as they apply to juvenile offenders. Section 3 of the bill amends paragraph (b) of subdivision 3 of Section 220.30 of the Criminal Procedure Law by adding a new subparagraph (x) by providing that a plea of guilty to the whole or part of the indictment for any crime other than the class B felony of rape in the first degree may not be accepted on condition that it constitutes a complete disposition of one or more other indictments against the
2011-S3159 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3159 2011-2012 Regular Sessions I N S E N A T E February 10, 2011 ___________ Introduced by Sen. KRUGER -- 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 plea bargaining where a defendant is indicted for the crime of rape in the first degree 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 THE CLASS B FELONY OF RAPE IN THE FIRST DEGREE DEFINED IN SECTION 130.35 OF THE PENAL LAW, THEN ANY PLEA OF GUILTY ENTERED PURSUANT TO SUBDIVISION THREE OR FOUR OF THIS SECTION MUST BE OR MUST INCLUDE A PLEA OF GUILTY TO THE CLASS B FELONY OF RAPE IN THE FIRST DEGREE DEFINED IN SECTION 130.35 OF THE PENAL LAW. S 2. Paragraph (g) of subdivision 5 of section 220.10 of the criminal procedure law, as amended by chapter 410 of the laws of 1979, subpara- graph (iii) as amended by chapter 264 of the laws of 2003, the second undesignated paragraph as amended by chapter 920 of the laws of 1982 and the closing paragraph as amended by chapter 411 of the laws of 1979, is amended to read as follows: (g) Where the defendant is a juvenile offender, the provisions of paragraphs (a), (b), (c) and (d) of this subdivision shall not apply and any plea entered pursuant to subdivision three or four of this section, must be as follows: (i) If the indictment charges a person fourteen or fifteen years old with the crime of murder in the second degree any plea of guilty entered pursuant to subdivision three or four OF THIS SECTION must be a plea of guilty of a crime for which the defendant is criminally responsible; (ii) If the indictment does not charge a crime specified in subpara- graph (i) of this paragraph, then any plea of guilty entered pursuant to subdivision three or four of this section must be a plea of guilty of a EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00440-01-1
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