S T A T E   O F   N E W   Y O R K
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                                  1400

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 29, 2009
                               ___________

Introduced  by  Sens.  MAZIARZ,  ALESI,  FLANAGAN,  O. JOHNSON, MORAHAN,
  SEWARD, WINNER -- 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.
  S 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00884-01-9
              

S. 1400                             2

in  subdivision  one  of  section  130.50 of the penal law], or an armed
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.
  S 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.
  S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.