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Assembly Bill A7441

2017-2018 Legislative Session

Relates to a plea of guilty

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Archive: Last Bill Status - On Floor Calendar

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2017-A7441 (ACTIVE) - Details

Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§220.10 & 220.30, CP L

2017-A7441 (ACTIVE) - Summary

Relates to a plea of guilty.

2017-A7441 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7441
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 25, 2017
                                ___________
 
 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.
   §  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.

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