Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to codes |
Jan 07, 2009 |
referred to codes |
Senate Bill S150
2009-2010 Legislative Session
Sponsored By
(D, WF) Senate District
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
Actions
co-Sponsors
(D) Senate District
2009-S150 (ACTIVE) - Details
- Current Committee:
- Senate Codes
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd ยง220.10, CP L
- Versions Introduced in 2011-2012 Legislative Session:
-
S1703
2009-S150 (ACTIVE) - Summary
Limits plea bargaining for misdemeanor and felony charges; provides, in cases where the indictment charges a misdemeanor or felony, that any plea of guilty thereafter entered in satisfaction of such charge shall include at least a plea of guilty to the violation of the offense which is not less than one class lower than the class of crime which was originally charged.
2009-S150 (ACTIVE) - Sponsor Memo
BILL NUMBER: S150 TITLE OF BILL : An act to amend the criminal procedure law, in relation to limiting plea bargaining for misdemeanor and felony charges PURPOSE OR GENERAL IDEA OF BILL : This act will limit plea bargaining for misdemeanor and felony charges to not more than one class lower than the class of crime which was originally charged. SUMMARY OF SPECIFIC PROVISIONS : This act will amend section 22.10 of the criminal procedure law by adding a new subdivision that will limit plea bargaining for misdemeanor and felony charges to not more than one class lower than the class of crime which was originally charged. EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER : This act will amend section 22.10 of the criminal procedure law by adding a new subdivision 5-a. JUSTIFICATION : This bill will ensure the strength of our criminal justice system by allowing reductions in sentences by plea bargains to not more than one class lower than the class of crime which was originally charged.
2009-S150 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 150 2009-2010 Regular Sessions I N S E N A T E (PREFILED) January 7, 2009 ___________ Introduced by Sen. SAMPSON -- 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 limiting plea bargaining for misdemeanor and felony charges THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 220.10 of the criminal procedure law is amended by adding a new subdivision 5-a to read as follows: 5-A. EXCEPT AS PROVIDED IN SUBDIVISION FIVE OF THIS SECTION, WHERE THE INDICTMENT CHARGES A MISDEMEANOR OR FELONY, ANY PLEA OF GUILTY THEREAFT- ER ENTERED IN SATISFACTION OF SUCH CHARGE SHALL INCLUDE AT LEAST A PLEA OF GUILTY TO THE VIOLATION OF A CRIME WHICH IS NOT MORE THAN ONE CLASS LOWER THAN THE CLASS OF CRIME WHICH WAS ORIGINALLY CHARGED AND NO OTHER DISPOSITION BY PLEA OF GUILTY TO ANY OTHER CHARGE IN SATISFACTION OF SUCH ORIGINAL CHARGE SHALL BE AUTHORIZED. IF THE DISTRICT ATTORNEY UPON REVIEWING THE AVAILABLE EVIDENCE DETERMINES THAT THE CHARGE OF A VIOLATION OF SUCH MISDEMEANOR OR FELONY IS NOT WARRANTED, SUCH DISTRICT ATTORNEY MAY CONSENT, AND THE COURT MAY ALLOW A DISPOSITION BY PLEA OF GUILTY TO ANOTHER CHARGE IN SATISFACTION OF SUCH CHARGE; PROVIDED, HOWEVER, IN ALL SUCH CASES, THE COURT SHALL SET FORTH UPON THE RECORD THE BASIS FOR SUCH DISPOSITION. S 2. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01975-01-9
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