senate Bill S5490

2011-2012 Legislative Session

Removes the requirement of a pre-sentence investigation when a negotiated sentence of imprisonment has been agreed upon and there will be no sentence of probation imposed

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Archive: Last Bill Status - Passed Senate


  • 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
Jun 18, 2012 referred to codes
delivered to assembly
passed senate
ordered to third reading cal.1277
committee discharged and committed to rules
Jan 04, 2012 referred to codes
May 25, 2011 referred to codes

Votes

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S5490 - Details

See Assembly Version of this Bill:
A7621
Current Committee:
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §390.20, rpld sub 4 ¶(a) cl ¶, CP L

S5490 - Summary

Removes the requirement of a pre-sentence investigation when a negotiated sentence of imprisonment has been agreed upon and there will be no sentence of probation imposed.

S5490 - Sponsor Memo

S5490 - Bill Text download pdf

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

                                  5490

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 25, 2011
                               ___________

Introduced  by  Sen.  GOLDEN -- 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 the  require-
  ment  of preparing pre-sentence reports and the waiver of such reports
  under certain circumstances, and to repeal the  closing  paragraph  of
  paragraph  (a) of subdivision 4 of section 390.20 of such law relating
  to waiver of pre-sentence reports where indeterminate sentences are to
  be imposed

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

  Section  1.  Subdivision 1 of section 390.20 of the criminal procedure
law is amended to read as follows:
  1. Requirement for felonies. In any case where a person  is  convicted
of  a  felony,  the court must order a pre-sentence investigation of the
defendant and it may not pronounce sentence  until  it  has  received  a
written  report of such investigation.  THIS REQUIREMENT SHALL NOT APPLY
WHEN A NEGOTIATED SENTENCE OF IMPRISONMENT HAS BEEN AGREED UPON  BY  THE
PARTIES  AS  A  RESULT  OF  A  CONVICTION OR REVOCATION OF A SENTENCE OF
PROBATION, AND NO SENTENCE OF PROBATION WILL BE IMPOSED.
  S 2. Subdivision 2 of section 390.20 of the criminal procedure law, as
amended by chapter 413 of the laws of 1991, paragraph (b) as amended  by
section 179 of the laws of 2010, is amended to read as follows:
  2.  Requirement  for  misdemeanors.  Where  a person is convicted of a
misdemeanor a pre-sentence report is not required[, but  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:
  (a)  A  sentence  of probation except where the provisions of subpara-
graph (ii) of paragraph (a) of subdivision four of this section apply;
  (b) A sentence of imprisonment for a term in  excess  of  one  hundred
eighty days;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11283-01-1

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