senate Bill S1068A

2013-2014 Legislative Session

Relates to plea bargains in felony sex offense cases; provides that certain pleas shall result in certain minimum punishments

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Archive: Last Bill Status - In Committee


  • 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
Jan 09, 2014 print number 1068a
amend and recommit to codes
Jan 08, 2014 referred to codes
Jan 09, 2013 referred to codes

Bill Amendments

Original
A (Active)
Original
A (Active)

S1068 - Bill Details

Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§220.10 & 220.30, CP L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S225
2009-2010: S1400

S1068 - Bill Texts

view summary

Provides that where a defendant is charged with a felony sex offense, then any plea of guilty must be or must include at least a plea of guilty to a sex felony.

view sponsor memo
BILL NUMBER:S1068

TITLE OF BILL:
An act
to amend the criminal procedure law, in relation to plea bargains in
felony sex offenses

PURPOSE:
To require defendants charged with sex felony offenses who enter pleas
to plead to at least a sex felony.

SUMMARY OF PROVISIONS:
Section 1, Amends CPL. 220.10(5) to provide that a pleading defendant
charged with a sex felony offense, must plead guilty to a sex felony
offense.

Section 2. Amends CPL. 220.10(5) by deleting special pleading
provisions for juvenile sex offenders.

Section 3. Amends CPL. 220.30(b) to provide that a plea bargain made
to part of an indictment which includes a sex felony offense must
include a plea to a sex felony offense.

JUSTIFICATION:
One of the major problems with Our criminal justice system is that
defendants charged with sex felony offenses are, for a variety of
reasons allowed to plead guilty to non-sex offenses. As a result,
these defendants are lost in the system. They are not treated as sex
offenders. They are not required to undergo sex offender treatment or
evaluation. They are released into the community without
notification, although there is a great likelihood that they will
re-offend. By not allowing defendants charged with sex felony
offenses to plead out of a sex felony offense we will be able to
prevent sex offenders from getting lost in the system.

BILL HISTORY:
Referred to Codes in 2001/2002.
S.560/A.1578 Referred to Codes in 2003/2004.
S.1162 of 2005/06 Referred to Codes
S.111 of 2008/2009 Referred to Senate Codes Committee.
S.1400/A.821 of 2009/2010 Referred to Senate Codes
S.225/A.2451 of 2011/2012 Referred to Codes

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:
The first of November next succeeding the date on which it shall have
become a law.

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

                                  1068

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. MAZIARZ -- 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 plea bargains
  in felony sex offenses

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

  Section  1.  Subdivision 5 of section 220.10 of the criminal procedure
law is amended by adding a new paragraph (i) to read as follows:
  (I) WHERE THE INDICTMENT CHARGES  A  FELONY  DEFINED  IN  ARTICLE  ONE
HUNDRED  THIRTY OF THE PENAL LAW, THEN ANY PLEA OF GUILTY ENTERED PURSU-
ANT TO SUBDIVISION THREE OR FOUR OF THIS SECTION MUST BE OR MUST INCLUDE
AT LEAST A PLEA OF GUILTY TO A FELONY DEFINED  IN  ARTICLE  ONE  HUNDRED
THIRTY  OF  THE  PENAL LAW; PROVIDED, HOWEVER, THAT WHERE THE INDICTMENT
CHARGES A CLASS B OR A CLASS C FELONY AS DEFINED IN ARTICLE ONE  HUNDRED
THIRTY  OF  THE PENAL LAW, THEN A PLEA OF GUILTY MUST INCLUDE AT LEAST A
PLEA OF GUILTY TO A CLASS D FELONY AS DEFINED  IN  ARTICLE  ONE  HUNDRED
THIRTY OF THE PENAL LAW.
  S  2.  Subparagraph (iii) of paragraph (g) of subdivision 5 of section
220.10 of the criminal procedure law, as amended by chapter 264  of  the
laws of 2003, is amended to read as follows:
  (iii)  Where  the  indictment  does  not  charge  a crime specified in
subparagraph (i) of this paragraph, the district attorney may  recommend
removal  of the action to the family court. Upon making such recommenda-
tion the district attorney shall submit a subscribed memorandum  setting
forth:  (1) a recommendation that the interests of justice would best be
served by removal of the action to the family  court;  and  (2)  if  the
indictment  charges  a thirteen year old with the crime of murder in the
second degree[, or a fourteen or fifteen year old  with  the  crimes  of
rape in the first degree as defined in subdivision one of section 130.35
of  the penal law, or criminal sexual act in the first degree as defined

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02077-01-3

S. 1068                             2

in subdivision one of section 130.50 of the  penal  law],  or  an  armed
felony  as  defined in paragraph (a) of subdivision forty-one of section
1.20 of this chapter specific factors, one or more of  which  reasonably
supports  the recommendation, showing, (i) mitigating circumstances that
bear directly upon the manner in which the crime was committed, or  (ii)
where  the defendant was not the sole participant in the crime, that the
defendant's participation was relatively minor although not so minor  as
to  constitute a defense to the prosecution, or (iii) possible deficien-
cies in proof of the crime, or (iv) where the juvenile offender  has  no
previous  adjudications  of having committed a designated felony act, as
defined in subdivision eight of section 301.2 of the family  court  act,
regardless  of  the age of the offender at the time of commission of the
act, that the criminal act was not part of a pattern of criminal  behav-
ior  and,  in  view  of the history of the offender, is not likely to be
repeated.
  S 3. Paragraph (b) of subdivision 3 of section 220.30 of the  criminal
procedure law is amended by adding two new subparagraphs (x) and (xi) to
read as follows:
  (X)  A  PLEA OF GUILTY, WHETHER TO THE ENTIRE INDICTMENT OR TO PART OF
THE INDICTMENT FOR ANY CRIME OTHER THAN A FELONY DEFINED IN ARTICLE  ONE
HUNDRED THIRTY OF THE PENAL LAW MAY NOT BE ACCEPTED ON CONDITION THAT IT
CONSTITUTES  A  COMPLETE  DISPOSITION  OF  ONE OR MORE OTHER INDICTMENTS
AGAINST THE DEFENDANT WHEREIN IS CHARGED A FELONY DEFINED IN ARTICLE ONE
HUNDRED THIRTY OF THE PENAL LAW.
  (XI) A PLEA OF GUILTY, WHETHER TO THE ENTIRE INDICTMENT OR TO PART  OF
THE  INDICTMENT FOR ANY CRIME OTHER THAN A CLASS B, A CLASS C OR A CLASS
D FELONY DEFINED IN ARTICLE ONE HUNDRED THIRTY OF THE PENAL LAW, MAY NOT
BE ACCEPTED ON CONDITION THAT IT CONSTITUTES A COMPLETE  DISPOSITION  OF
ONE OR MORE OTHER INDICTMENTS AGAINST THE DEFENDANT WHEREIN IS CHARGED A
CLASS B OR A CLASS C FELONY DEFINED IN ARTICLE ONE HUNDRED THIRTY OF THE
PENAL LAW.
  S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

S1068A (ACTIVE) - Bill Details

Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§220.10 & 220.30, CP L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S225
2009-2010: S1400

S1068A (ACTIVE) - Bill Texts

view summary

Provides that where a defendant is charged with a felony sex offense, then any plea of guilty must be or must include at least a plea of guilty to a sex felony.

view sponsor memo
BILL NUMBER:S1068A

TITLE OF BILL: An act to amend the criminal procedure law, in
relation to plea bargains in felony sex offenses

PURPOSE: To require defendants charged with sex felony offenses who
enter pleas to plead to at least a sex felony.

SUMMARY OF PROVISIONS: Section 1, Amends CPL. 220.10(5) to provide
that a pleading defendant charged with a sex felony offense, must
plead guilty to a sex felony offense.

Section 2. Amends CPL. 220.10(5) by deleting special pleading
provisions for juvenile sex offenders.

Section 3. Amends CPL. 220.30(b) to provide that a plea bargain made
to part of an indictment which includes a sex felony offense must
include a plea to a sex felony offense.

JUSTIFICATION: One of the major problems with Our criminal justice
system is that defendants charged with sex felony offenses are, for a
variety of reasons allowed to plead guilty to non-sex offenses. As a
result, these defendants are lost in the system. They are not treated
as sex offenders. They are not required to undergo sex offender
treatment or evaluation. They are released into the community without
notification, although there is a great likelihood that they will
re-offend. By not allowing defendants charged with sex felony offenses
to plead out of a sex felony offense we will be able to prevent sex
offenders from getting lost in the system.

BILL HISTORY: Referred to Codes in 2001/2002. S.560/A.1578 Referred
to Codes in 2003/2004. S.1162 of 2005/06 Referred to Codes S.111 of
2008/2009 Referred to Senate Codes Committee. S.1400/A.821 of
2009/2010 Referred to Senate Codes S.225/A.2451 of 2011/2012 Referred
to Codes

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: The first of January next succeeding the date on which
it shall have become a law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1068--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes  --  recommitted  to
  the  Committee  on  Codes  in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN ACT to amend the criminal procedure law, in relation to plea bargains
  in felony sex offenses

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

  Section 1. Subdivision 5 of section 220.10 of the  criminal  procedure
law is amended by adding a new paragraph (i) to read as follows:
  (I)  WHERE  THE  INDICTMENT  CHARGES  A  FELONY DEFINED IN ARTICLE ONE
HUNDRED THIRTY OF THE PENAL LAW, THEN ANY PLEA OF GUILTY ENTERED  PURSU-
ANT TO SUBDIVISION THREE OR FOUR OF THIS SECTION MUST BE OR MUST INCLUDE
AT  LEAST  A  PLEA  OF GUILTY TO A FELONY DEFINED IN ARTICLE ONE HUNDRED
THIRTY OF THE PENAL LAW; PROVIDED, HOWEVER, THAT  WHERE  THE  INDICTMENT
CHARGES  A CLASS B OR A CLASS C FELONY AS DEFINED IN ARTICLE ONE HUNDRED
THIRTY OF THE PENAL LAW, THEN A PLEA OF GUILTY MUST INCLUDE AT  LEAST  A
PLEA  OF  GUILTY  TO  A CLASS D FELONY AS DEFINED IN ARTICLE ONE HUNDRED
THIRTY OF THE PENAL LAW.
  S 2. Subparagraph (iii) of paragraph (g) of subdivision 5  of  section
220.10  of  the criminal procedure law, as amended by chapter 264 of the
laws of 2003, is amended to read as follows:
  (iii) Where the indictment  does  not  charge  a  crime  specified  in
subparagraph  (i) of this paragraph, the district attorney may recommend
removal of the action to the family court. Upon making such  recommenda-
tion  the district attorney shall submit a subscribed memorandum setting
forth: (1) a recommendation that the interests of justice would best  be
served  by  removal  of  the  action to the family court; and (2) if the
indictment charges a thirteen year old with the crime of murder  in  the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02077-02-3

S. 1068--A                          2

second  degree[,  or  a  fourteen or fifteen year old with the crimes of
rape in the first degree as defined in subdivision one of section 130.35
of the penal law, or criminal sexual act in the first degree as  defined
in  subdivision  one  of  section  130.50 of the penal law], or an armed
felony as defined in paragraph (a) of subdivision forty-one  of  section
1.20  of  this chapter specific factors, one or more of which reasonably
supports the recommendation, showing, (i) mitigating circumstances  that
bear  directly upon the manner in which the crime was committed, or (ii)
where the defendant was not the sole participant in the crime, that  the
defendant's  participation was relatively minor although not so minor as
to constitute a defense to the prosecution, or (iii) possible  deficien-
cies  in  proof of the crime, or (iv) where the juvenile offender has no
previous adjudications of having committed a designated felony  act,  as
defined  in  subdivision eight of section 301.2 of the family court act,
regardless of the age of the offender at the time of commission  of  the
act,  that the criminal act was not part of a pattern of criminal behav-
ior and, in view of the history of the offender, is  not  likely  to  be
repeated.
  S  3. Paragraph (b) of subdivision 3 of section 220.30 of the criminal
procedure law is amended by adding two new subparagraphs (x) and (xi) to
read as follows:
  (X) A PLEA OF GUILTY, WHETHER TO THE ENTIRE INDICTMENT OR TO  PART  OF
THE  INDICTMENT FOR ANY CRIME OTHER THAN A FELONY DEFINED IN ARTICLE ONE
HUNDRED THIRTY OF THE PENAL LAW MAY NOT BE ACCEPTED ON CONDITION THAT IT
CONSTITUTES A COMPLETE DISPOSITION OF  ONE  OR  MORE  OTHER  INDICTMENTS
AGAINST THE DEFENDANT WHEREIN IS CHARGED A FELONY DEFINED IN ARTICLE ONE
HUNDRED THIRTY OF THE PENAL LAW.
  (XI)  A PLEA OF GUILTY, WHETHER TO THE ENTIRE INDICTMENT OR TO PART OF
THE INDICTMENT FOR ANY CRIME OTHER THAN A CLASS B, A CLASS C OR A  CLASS
D FELONY DEFINED IN ARTICLE ONE HUNDRED THIRTY OF THE PENAL LAW, MAY NOT
BE  ACCEPTED  ON CONDITION THAT IT CONSTITUTES A COMPLETE DISPOSITION OF
ONE OR MORE OTHER INDICTMENTS AGAINST THE DEFENDANT WHEREIN IS CHARGED A
CLASS B OR A CLASS C FELONY DEFINED IN ARTICLE ONE HUNDRED THIRTY OF THE
PENAL LAW.
  S 4. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.

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