Senate Bill S1280

                                
 
BILL NUMBER: S1280

SPONSOR: BAILEY
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to enabling
appellate review of the fairness and appropriateness of an imposed
sentence

 
PURPOSE OF BILL:

The purpose of the Act is to require the court to modify sentences that
are determined to be illegal or unduly harsh or severe. The proposed
bill would secure the right of a defendant to seek out a remedy to
unjust sentences. By requiring courts to modify sentences that are found
to be unjustified, the legislative intent of section 470.15 can be
enforced.

 
SUMMARY OF SPECIFIC PROVISIONS:

  Section (1) amends CPL 470.15 by replacing the term "may" with "shall"
              

and adding a provision allowing for modification of an illegal or unduly
harsh  or  severe sentence regardless if an enforceable waiver of appeal
exists.

  Section (2) provides that this act will take effect sixteen days after
becoming law.

 
JUSTIFICATION:

The purpose of the proposed amendment  is  to  further  the  legislative
intent  of  section  470.15. In the current system, defendants are often
forced to waive their rights to an appeal in  order  to  obtain  a  plea
bargain. When disadvantaged defendants are provided such an opportunity,
public  policy  concerns are often neglected in furtherance of expedited
proceedings and less severe punishments.   Given the inability  for  the
plea-bargaining  system  to  regulate  itself,  defendants  are provided
little alternative to receive a plea without  waiving  their  rights  to
challenge  crucial  errors  in  their sentencing. This legislation would
make it possible for courts to  review  the  terms  of  the  defendant's
agreement and must affirm or modify the sentence.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This  act  shall  take  effect  on  the sixtieth day after it shall have
become law.