Senate Bill S3534

2011-2012 Legislative Session

Requires pre-sentence report and prohibits the waiver of pre-sentence investigation and a written report thereon in any instance involving a family offense

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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

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to codes
Feb 24, 2011	referred to codes

co-Sponsors

2011-S3534 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §390.20, CP L
Versions Introduced in 2009-2010 Legislative Session:: S3975

2011-S3534 (ACTIVE) - Summary

Requires a pre-sentence report in certain instances and prohibits the waiver of pre-sentence investigation and a written report thereon in any instance involving a family offense.

2011-S3534 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3534

TITLE OF BILL:
An act
to amend the criminal procedure law, in relation to requiring
pre-sentence reports and
prohibiting the
waiver of a written pre-sentence report in instances of family
offenses

PURPOSE:
To require pre-sentence investigations and reports in all
family offense cases.

SUMMARY OF PROVISIONS:
This bill amends §§390.20(2)
and (4) (a) of the
criminal procedure law to mandate a pre-sentence investigation of the
defendant and to prohibit the parties from exercising a waiver of the
pre-sentence investigation of the defendant in any instance involving
a family offense.

JUSTIFICATION:
Pre-sentence investigations and reports are intended to
provide courts with the background information necessary to make
sound sentencing decisions. Local probation departments conduct

investigations into the circumstances of the crime and background of
the defendant, including past criminal history, and provide the court
with a report and victim impact statement. When pre-sentence
investigations are not conducted, courts may be unaware of past
incidents of threats or violence. By requiring pre-sentence
investigations in all family offense cases, this legislation will
help assure that courts have access to all relevant information
before making sentencing decisions.

EXISTING LAW:
Current law requires a pre-sentence investigation before
inves-sentencing for felony convictions but does not require a
pre-sentence investigation for misdemeanor convictions. Furthermore,
pre-sentence investigations may be waived upon the mutual consent of
the parties and with the consent of the judge, unless an indeterminate
or determinate sentence is to be imposed.

LEGISLATIVE HISTORY:
03/14/07 REFERRED TO CODES
01/09/08 REFERRED TO CODES
04/07/09 REFERRED TO CODES
01/06/10 REFERRED TO CODES

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately, provided that
the amendment to the closing paragraph of paragraph (a) of
subdivision 4 of section 390.20 of the criminal procedure law made by


section two of this act shall be subject to the expiration and
reversion of such closing paragraph pursuant to subdivision d of
section 74 of chapter 3 of the laws of 1995, as amended, when upon
such date the provisions of section three of this act shall take
effect.

2011-S3534 (ACTIVE) - Bill Text download pdf

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

                                  3534

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 24, 2011
                               ___________

Introduced by Sens. OPPENHEIMER, DIAZ -- 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 requiring
  pre-sentence reports and prohibiting the waiver of a written  pre-sen-
  tence report in instances of family offenses

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

  Section 1. The opening paragraph of subdivision 2 of section 390.20 of
the criminal procedure law, as amended by chapter 413  of  the  laws  of
1991, is amended to read as follows:
  Where  a person is convicted of a misdemeanor a pre-sentence report is
not required, [but the] EXCEPT  THAT  A  PRE-SENTENCE  REPORT  SHALL  BE
REQUIRED  IN  ANY  INSTANCE  INVOLVING A FAMILY OFFENSE AS PRESCRIBED IN
SUBDIVISION ONE OF SECTION 530.11 OF THIS CHAPTER.  THE  court  may  not
pronounce  any  of  the following sentences unless it has ordered a pre-
sentence investigation of the  defendant  and  has  received  a  written
report thereof:
  S  2.    The  closing  paragraph  of paragraph (a) of subdivision 4 of
section 390.20 of the criminal procedure law, as amended by chapter 3 of
the laws of 1995, is amended to read as follows:
  Provided, however, a pre-sentence investigation of the defendant and a
written report thereon shall not be waived if an indeterminate or deter-
minate sentence of imprisonment is to be imposed.    PROVIDED,  FURTHER,
THAT  A PRE-SENTENCE INVESTIGATION OF THE DEFENDANT AND A WRITTEN REPORT
THEREON SHALL NOT BE WAIVED IN ANY INSTANCE INVOLVING A  FAMILY  OFFENSE
AS PRESCRIBED IN SUBDIVISION ONE OF SECTION 530.11 OF THIS CHAPTER.
  S  3.  The  closing  paragraph  of  paragraph  (a) of subdivision 4 of
section 390.20 of the criminal procedure law, as added by chapter 413 of
the laws of 1991, is amended to read as follows:
  Provided, however, a pre-sentence investigation of the defendant and a
written report thereon shall not be waived if an indeterminate  sentence

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05926-01-1

S. 3534                             2

of  imprisonment  is  to be imposed.  PROVIDED, FURTHER, THAT A PRE-SEN-
TENCE INVESTIGATION OF THE DEFENDANT AND A WRITTEN REPORT THEREON  SHALL
NOT  BE  WAIVED IN ANY INSTANCE INVOLVING A FAMILY OFFENSE AS PRESCRIBED
IN SUBDIVISION ONE OF SECTION 530.11 OF THIS CHAPTER.
  S  4. This act shall take effect immediately, provided that the amend-
ment to the closing paragraph of  paragraph  (a)  of  subdivision  4  of
section 390.20 of the criminal procedure law made by section two of this
act  shall  be  subject  to the expiration and reversion of such closing
paragraph pursuant to subdivision d of section 74 of chapter  3  of  the
laws  of 1995, as amended, when upon such date the provisions of section
three of this act shall take effect.

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Senate Bill S3534

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Archive: Last Bill Status - In Senate Committee Codes Committee

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co-Sponsors

2011-S3534 (ACTIVE) - Details

2011-S3534 (ACTIVE) - Summary

2011-S3534 (ACTIVE) - Sponsor Memo

2011-S3534 (ACTIVE) - Bill Text download pdf

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Sponsored By

Suzi Oppenheimer

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

co-Sponsors

Ruben Diaz

2011-S3534 (ACTIVE) - Details

2011-S3534 (ACTIVE) - Summary

2011-S3534 (ACTIVE) - Sponsor Memo

2011-S3534 (ACTIVE) - Bill Text download pdf

Comments