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Assembly Bill A7052

2015-2016 Legislative Session

Provides for the availability of presentence reports to the defendant, the defendant's attorney and the prosecutor

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2015-A7052 (ACTIVE) - Details

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

2015-A7052 (ACTIVE) - Summary

Provides for the availability of presentence reports to the defendant, the defendant's attorney and the prosecutor.

2015-A7052 (ACTIVE) - Bill Text download pdf 

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

                                  7052

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             April 22, 2015
                               ___________

Introduced  by  M.  of  A.  LAVINE -- (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 presentence 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,  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 seriously disrupt a program  of  rehabilitation,  or
sources  of  information which have been obtained on a promise of confi-
dentiality, 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 except-
ing  information  from  disclosure shall be subject to appellate review.
The pre-sentence report shall be made available by the court  for  exam-
ination and copying in connection with any appeal 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09696-02-5

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