NY State Senate Bill 2019-S1338

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

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to codes
Jan 14, 2019	referred to codes

2019-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

2019-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.

2019-S1338 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1338

SPONSOR: FUNKE
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to plea bargains
in felony sex offenses

 
PURPOSE:

To require defendants charged with sex felony offenses who enter pleas
to plead to at least a sex felony.

 
SUMMARY OF PROVISIONS:

Section 1, Amends CPL. 220.10(5) to provide that a pleading defendant
charged with a sex felony offense, must plead guilty to a sex felony
offense.

Section 2. Amends CPL. 220.10(5) by deleting special pleading provisions
for juvenile sex offenders.

Section 3. Amends CPL. 220.30(b) to provide that a plea bargain made to
part of an indictment which includes a sex felony offense must include a
plea to a sex felony offense.

 
JUSTIFICATION:

One of the major problems with our criminal justice system is that
defendants charged with sex felony offenses are, for a variety of
reasons allowed to plead guilty to non-sex offenses. As a result, these
defendants are lost in the system. They are not treated as sex offen-
ders. They are not required to undergo sex offender treatment or evalu-
ation. They are released into the community without notification,
although there is a great likelihood that they will re-offend. By not
allowing defendants charged with sex felony offenses to plead out of a
sex felony offense we will be able to prevent sex offenders from getting
lost in the system.

 
LEGISLATIVE HISTORY:

S.2980/A.7366 2015-2016; Referred to Codes

S.1068a of 2013-2014; Referred to Codes

S.225/A.2451 of 2011-2012; Referred to Codes

S.1400/A.821 of 2009-2010; Referred to Senate Codes

S.111 of 2007-2008; Referred to Senate Codes Committee

S.1162 of 2005-06; Referred to Codes

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
The first of January next succeeding the date on which it shall have
become a law.

2019-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.

                                                            LBD07073-01-9

 S. 1338                             2
 
 felony  as  defined in paragraph (a) of subdivision forty-one of section
 1.20 of this chapter specific factors, one or more of  which  reasonably
 supports  the recommendation, showing, (i) mitigating circumstances that
 bear  directly upon the manner in which the crime was committed, or (ii)
 where the defendant was not the sole participant in the crime, that  the
 defendant's  participation was relatively minor although not so minor as
 to constitute a defense to the prosecution, or (iii) possible  deficien-
 cies  in  proof of the crime, or (iv) where the juvenile offender has no
 previous adjudications of having committed a designated felony  act,  as
 defined  in  subdivision eight of section 301.2 of the family court act,
 regardless of the age of the offender at the time of commission  of  the
 act,  that the criminal act was not part of a pattern of criminal behav-
 ior and, in view of the history of the offender, is  not  likely  to  be
 repeated.
   §  3. Paragraph (b) of subdivision 3 of section 220.30 of the criminal
 procedure law is amended by adding two new subparagraphs (x) and (xi) to
 read as follows:
   (X) A PLEA OF GUILTY, WHETHER TO THE ENTIRE INDICTMENT OR TO  PART  OF
 THE  INDICTMENT FOR ANY CRIME OTHER THAN A FELONY DEFINED IN ARTICLE ONE
 HUNDRED THIRTY OF THE PENAL LAW MAY NOT BE ACCEPTED ON CONDITION THAT IT
 CONSTITUTES A COMPLETE DISPOSITION OF  ONE  OR  MORE  OTHER  INDICTMENTS
 AGAINST THE DEFENDANT WHEREIN IS CHARGED A FELONY DEFINED IN ARTICLE ONE
 HUNDRED THIRTY OF THE PENAL LAW.
   (XI)  A PLEA OF GUILTY, WHETHER TO THE ENTIRE INDICTMENT OR TO PART OF
 THE INDICTMENT FOR ANY CRIME OTHER THAN A CLASS B, A CLASS C OR A  CLASS
 D FELONY DEFINED IN ARTICLE ONE HUNDRED THIRTY OF THE PENAL LAW, MAY NOT
 BE  ACCEPTED  ON CONDITION THAT IT CONSTITUTES A COMPLETE DISPOSITION OF
 ONE OR MORE OTHER INDICTMENTS AGAINST THE DEFENDANT WHEREIN IS CHARGED A
 CLASS B OR A CLASS C FELONY DEFINED IN ARTICLE ONE HUNDRED THIRTY OF THE
 PENAL LAW.
   § 4. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law.

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