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 Senate Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (4)
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

S1068 - Details

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 - 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.

S1068 - Sponsor Memo

S1068 - Bill Text download pdf

                    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.

S1068A (ACTIVE) - Details

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) - 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.

S1068A (ACTIVE) - Sponsor Memo

S1068A (ACTIVE) - Bill 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.

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