senate Bill S1338

2019-2020 Legislative Session

Relates to plea bargains in felony sex offense cases; provides that certain pleas shall result in certain minimum punishments

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Codes Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2020 referred to codes
Jan 14, 2019 referred to codes

S1338 (ACTIVE) - Details

See Assembly Version of this Bill:
A8803
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§220.10 & 220.30, CP L
Versions Introduced in Other Legislative Sessions:
2009-2010: S1400, A821
2011-2012: S225, A2451
2013-2014: S1068, A4009
2015-2016: S2980, A7366
2017-2018: S1024, A7995

S1338 (ACTIVE) - Summary

Provides that where a defendant is charged with a felony sex offense, then any plea of guilty must be or must include at least a plea of guilty to a sex felony.

S1338 (ACTIVE) - Sponsor Memo

S1338 (ACTIVE) - Bill Text download pdf


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

                                  1338

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 14, 2019
                               ___________

Introduced  by  Sen.  FUNKE  -- 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 plea bargains
  in felony sex offenses

  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) WHERE THE INDICTMENT CHARGES  A  FELONY  DEFINED  IN  ARTICLE  ONE
HUNDRED  THIRTY OF THE PENAL LAW, THEN ANY PLEA OF GUILTY ENTERED PURSU-
ANT TO SUBDIVISION THREE OR FOUR OF THIS SECTION MUST BE OR MUST INCLUDE
AT LEAST A PLEA OF GUILTY TO A FELONY DEFINED  IN  ARTICLE  ONE  HUNDRED
THIRTY  OF  THE  PENAL LAW; PROVIDED, HOWEVER, THAT WHERE THE INDICTMENT
CHARGES A CLASS B OR A CLASS C FELONY AS DEFINED IN ARTICLE ONE  HUNDRED
THIRTY  OF  THE PENAL LAW, THEN A PLEA OF GUILTY MUST INCLUDE AT LEAST A
PLEA OF GUILTY TO A CLASS D FELONY AS DEFINED  IN  ARTICLE  ONE  HUNDRED
THIRTY OF THE PENAL LAW.
  §  2.  Subparagraph (iii) of paragraph (g) of subdivision 5 of section
220.10 of the criminal procedure law, as amended by chapter 264  of  the
laws of 2003, is amended to read as follows:
  (iii)  Where  the  indictment  does  not  charge  a crime specified in
subparagraph (i) of this paragraph, the district attorney may  recommend
removal  of the action to the family court. Upon making such recommenda-
tion the district attorney shall submit a subscribed memorandum  setting
forth:  (1) a recommendation that the interests of justice would best be
served by removal of the action to the family  court;  and  (2)  if  the
indictment  charges  a thirteen year old with the crime of murder in the
second degree[, or a fourteen or fifteen year old  with  the  crimes  of
rape in the first degree as defined in subdivision one of section 130.35
of  the penal law, or criminal sexual act in the first degree as defined
in subdivision one of section 130.50 of the  penal  law],  or  an  armed

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

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