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Assembly Bill A9519

2015-2016 Legislative Session

Relates to the availability of pre-sentence reports

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2015-A9519 (ACTIVE) - Details

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

2015-A9519 (ACTIVE) - Summary

Relates to the availability of pre-sentence reports.

2015-A9519 (ACTIVE) - Bill Text download pdf 

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

                                  9519

                          I N  A S S E M B L Y

                             March 10, 2016
                               ___________

Introduced  by  M.  of A. MOSLEY, LENTOL -- (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 pre-sentencing 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'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 seri-
ously 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  disclo-
sure 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  OR  POST-JUDGEMENT  MOTION  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  redacted  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  antic-
ipates  an  appearance  before  the  parole  board or intends to file an

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

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