Do you support this bill?

Assembly Bill A7047

2015-2016 Legislative Session

Relates to a plea of guilty

download bill text pdf

Sponsored By

Archive: Last Bill Status - On Floor Calendar

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

2015-A7047 (ACTIVE) - Details

Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยงยง220.10 & 220.30, CP L
Versions Introduced in 2013-2014 Legislative Session:
A7624

2015-A7047 (ACTIVE) - Summary

Relates to a plea of guilty.

2015-A7047 (ACTIVE) - Bill Text download pdf 

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

                                  7047

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             April 21, 2015
                               ___________

Introduced  by  M. of A. O'DONNELL -- (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  a  plea  of
  guilty

  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) A DEFENDANT, WITH BOTH THE PERMISSION OF THE COURT AND THE CONSENT
OF THE PEOPLE, MAY ENTER A PLEA OF GUILTY AS AUTHORIZED BY THIS SECTION,
NOTWITHSTANDING THE PROVISIONS OF PARAGRAPHS (A), (B), (C), (D), (F) AND
(H)  OF  THIS  SUBDIVISION,  WHEN  UPON REVIEW OF THE NATURE AND CIRCUM-
STANCES OF THE CRIMINAL CONDUCT, THE AVAILABLE EVIDENCE AND THE  HISTORY
AND  CHARACTER OF THE DEFENDANT, THE PROSECUTOR AND THE COURT ARE OF THE
OPINION THAT THE PLEA  IS  IN  THE  INTEREST  OF  JUSTICE.  THE  FACTORS
WARRANTING  THE PLEA SHALL BE PLACED ON THE RECORD; HOWEVER, THE FAILURE
TO DO SO SHALL NOT ENTITLE THE DEFENDANT TO HAVE THE PLEA OF GUILTY  SET
ASIDE.
  S  2. Paragraph (b) of subdivision 3 of section 220.30 of the criminal
procedure law is amended by adding a new subparagraph  (x)  to  read  as
follows:
  (X) A DEFENDANT, WITH BOTH THE PERMISSION OF THE COURT AND THE CONSENT
OF THE PEOPLE, MAY ENTER A PLEA OF GUILTY AS AUTHORIZED BY THIS SECTION,
NOTWITHSTANDING  THE PROVISIONS OF SUBPARAGRAPHS (I), (II), (III), (IV),
(V), (VI), (VII) AND (IX) OF THIS PARAGRAPH, WHEN  UPON  REVIEW  OF  THE
NATURE AND CIRCUMSTANCES OF THE CRIMINAL CONDUCT, THE AVAILABLE EVIDENCE
AND  THE  HISTORY AND CHARACTER OF THE DEFENDANT, THE PROSECUTOR AND THE
COURT ARE OF THE OPINION THAT THE PLEA IS IN THE  INTEREST  OF  JUSTICE.
THE  FACTORS WARRANTING THE PLEA SHALL BE PLACED ON THE RECORD; HOWEVER,
THE FAILURE TO DO SO SHALL NOT ENTITLE THE DEFENDANT TO HAVE THE PLEA OF
GUILTY SET ASIDE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08694-01-5

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.