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Assembly Bill A9282

2013-2014 Legislative Session

Provides that the presentence report or memorandum shall be made available by the court for examination and copying by the defendant, the defendant's attorney and the prosecutor

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2013-A9282 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง390.50, CP L

2013-A9282 (ACTIVE) - Summary

Provides that not less than one court day prior to sentencing, the presentence report or memorandum shall be made available by the court for examination and copying by the defendant, defendant's attorney and the prosecutor.

2013-A9282 (ACTIVE) - Bill Text download pdf 

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

                                  9282

                          I N  A S S E M B L Y

                              April 7, 2014
                               ___________

Introduced  by  M.  of  A.  LAVINE -- (at request of the Office of Court
  Administration) -- read once and referred to the Committee on Codes

AN ACT to amend the criminal procedure law, in relation to  availability
  of presentence reports

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

  Section 1. Paragraph (a) of subdivision 2 of  section  390.50  of  the
criminal procedure law, as amended by section 5 of part OO of chapter 56
of the laws of 2010, is amended to read as follows:
  (a)  Not less than one court day prior to sentencing, unless such time
requirement is waived by the parties, the pre-sentence report  or  memo-
randum  shall  be  made  available  by the court for examination and for
copying by the DEFENDANT, defendant's attorney, [the defendant  himself,
if he has no attorney,] and the prosecutor. In its discretion, the court
may  except  from  disclosure a part or parts of the report or memoranda
which are not relevant to a proper sentence,  or  a  diagnostic  opinion
which might seriously disrupt a program of rehabilitation, or sources of
information which have been obtained on a promise of confidentiality, or
any  other  portion  thereof,  disclosure  of  which would not be in the
interest of justice. In all cases where a part or parts of the report or
memoranda are not disclosed, the court shall state for the record that a
part or parts of the report or memoranda  have  been  excepted  and  the
reasons  for  its  action. The action of the court excepting information
from disclosure shall be subject to appellate review.  The  pre-sentence
report  shall be made available by the court for examination and copying
in connection with any appeal in the case,  including  an  appeal  under
this  subdivision.  Upon written request, the court shall make a copy of
the presentence report, other than a part or parts of the report redact-
ed by the court pursuant to this paragraph, available to  the  defendant
for  use  before the parole board for release consideration or an appeal
of a parole board determination. In his or her written  request  to  the
court  the  defendant shall affirm that he or she anticipates an appear-
ance before the parole board or intends to file an administrative appeal
of a parole board determination. The court shall respond to the  defend-

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

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