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Senate Bill S1955

2011-2012 Legislative Session

Relates to the use of pre-sentence investigation reports

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Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

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2011-S1955 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง390.20, CP L
Versions Introduced in 2009-2010 Legislative Session:
S1022

2011-S1955 (ACTIVE) - Summary

Requires the court to state on the record why it deviated from the recommended sentence set forth in the pre-sentence investigation report.

2011-S1955 (ACTIVE) - Sponsor Memo

2011-S1955 (ACTIVE) - Bill Text download pdf 

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

                                  1955

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 14, 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  the  use  of
  pre-sentence investigation reports

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

  Section 1. Section 390.20 of the criminal procedure law is amended  by
adding a new subdivision 5 to read as follows:
  5.  REASONS  FOR  DEVIATION  FROM REPORT. WHENEVER THE COURT IMPOSES A
SENTENCE WHICH DEVIATES FROM THE RECOMMENDED SENTENCE CONTAINED  IN  THE
DEFENDANT'S PRE-SENTENCE REPORT, THE COURT SHALL STATE ON THE RECORD THE
REASONS FOR SUCH DEVIATION.
  S 2. This act shall take effect on the first day of the calendar month
next succeeding the sixtieth day after it shall have become a law.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06786-01-1

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