Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 04, 2012 |
referred to codes |
Feb 24, 2011 |
referred to codes |
Senate Bill S3534
2011-2012 Legislative Session
Sponsored By
(D, WF) 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
co-Sponsors
(D) Senate District
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) - 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
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
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