|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to codes|
|Jan 29, 2013||referred to codes|
senate Bill S3073
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S3073 - Details
- Current Committee:
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd §390.20, rpld sub 4 ¶(a) cl ¶, CP L
- Versions Introduced in 2011-2012 Legislative Session:
S3073 - Summary
Removes the requirement of a pre-sentence investigation when a negotiated sentence of imprisonment has been agreed upon and there will be no sentence of probation imposed.
S3073 - Sponsor Memo
BILL NUMBER:S3073 TITLE OF BILL: An act to amend the criminal procedure law, in relation to the requirement of preparing pre-sentence reports and the waiver of such reports under certain circumstances, and to repeal the closing paragraph of paragraph (a) of subdivision 4 of section 390.20 of such law relating to waiver of pre-sentence reports where indeterminate sentences are to be imposed PURPOSE: The purpose of this bill is to save the State money by elimi- nating the costly requirement of Pre-Sentence Investigations (PSIs) and related written reports where they serve no useful purpose. SUMMARY OF PROVISIONS: Section 1 of the bill amends subdivision 1 of Criminal Procedure Law ("CPL") section 390.20 to provide that pre-sentence investigation ("PSI") requirement for persons convicted of a felony shall not apply when a negotiated sentence of imprisonment has been agreed upon by the parties as the result of a conviction or revocation of a sentence of probation, and no sentence of probation will be imposed. Section 2 amends subdivision 2 of CPL section 390.20 to remove the requirement of a pre-sentence report ("PSR") in the case of a person who has been convicted of a misdemeanor, even in the circumstances listed in CPL 390.20(2)(a)-(c).
S3073 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3073 2013-2014 Regular Sessions I N S E N A T E January 29, 2013 ___________ Introduced by Sen. GOLDEN -- 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 require- ment of preparing pre-sentence reports and the waiver of such reports under certain circumstances, and to repeal the closing paragraph of paragraph (a) of subdivision 4 of section 390.20 of such law relating to waiver of pre-sentence reports where indeterminate sentences are to be imposed THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 390.20 of the criminal procedure law is amended to read as follows: 1. Requirement for felonies. In any case where a person is convicted of a felony, the court must order a pre-sentence investigation of the defendant and it may not pronounce sentence until it has received a written report of such investigation. THIS REQUIREMENT SHALL NOT APPLY WHEN A NEGOTIATED SENTENCE OF IMPRISONMENT HAS BEEN AGREED UPON BY THE PARTIES AS A RESULT OF A CONVICTION OR REVOCATION OF A SENTENCE OF PROBATION, AND NO SENTENCE OF PROBATION WILL BE IMPOSED. S 2. Subdivision 2 of section 390.20 of the criminal procedure law, as amended by chapter 413 of the laws of 1991, paragraph (b) as amended by section 179 of the laws of 2010, is amended to read as follows: 2. Requirement for misdemeanors. Where a person is convicted of a misdemeanor a pre-sentence report is not required[, but 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: (a) A sentence of probation except where the provisions of subpara- graph (ii) of paragraph (a) of subdivision four of this section apply; (b) A sentence of imprisonment for a term in excess of one hundred eighty days; EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04364-01-3
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