BILL NUMBER: S938

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:

2021-22: Referred to Codes

 
FISCAL IMPLICATIONS:

To be determined.

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