Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to codes |
Feb 02, 2009 |
referred to codes |
Senate Bill S1482
2009-2010 Legislative Session
Sponsored By
(R, C, IP) 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
(R, C, IP) Senate District
(R, C, IP) Senate District
(R) Senate District
(R, C, IP) Senate District
2009-S1482 (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:
-
S2000
2009-S1482 (ACTIVE) - Summary
Provides that when a person is charged with certain designated sexual offenses, any plea bargain shall contain a plea of guilty to at least one of such offenses, unless the district attorney determines that such a charge is not warranted, in which event, the defendant may plead to another charge in satisfaction of the charges preferred.
2009-S1482 (ACTIVE) - Sponsor Memo
BILL NUMBER: S1482 TITLE OF BILL : An act to amend the criminal procedure law, in relation to limiting plea bargaining for sexual offenders PURPOSE : This bill would require that a person charged with a sexual offense would only be allowed to plea bargain where the agreed upon plea included a sex offense. SUMMARY OF PROVISIONS : Amends subdivision 5 of section 220.10 of the Criminal Procedure Law by adding a new paragraph (i) prohibiting anyone charged with a sexual offense from agreeing to a plea bargain that does not include a sexual offense. JUSTIFICATION : Our nation has overwhelmingly accepted the introduction of Sex Offender Registries. Fifty states have enacted registries. The purpose of the sex offender registry is to allow our citizens and their families to be forewarned of the presence of sex offenders in their area. It has been proven that sex offenders are more likely to repeat their crimes than any other offenders. With the initiation of
2009-S1482 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1482 2009-2010 Regular Sessions I N S E N A T E February 2, 2009 ___________ Introduced by Sens. SKELOS, FARLEY, FUSCHILLO, GOLDEN, GRIFFO, HANNON, LEIBELL, MAZIARZ, MORAHAN, SALAND, SEWARD, VOLKER, 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 limiting plea bargaining for sexual offenders 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 CONTAINED IN ARTICLE ONE HUNDRED THIRTY OR SECTION 255.25, 263.05, 263.10 OR 263.15 OF THE PENAL LAW, ANY PLEA OF GUILTY THEREAFTER ENTERED IN SATISFACTION OF SUCH CHARGE MUST INCLUDE AT LEAST A PLEA OF GUILTY TO THE VIOLATION OF ONE OF THE ABOVE ENUMERATED OFFENSES AND NO OTHER DISPOSITION BY PLEA OF GUILTY TO ANY OTHER CHARGE IN SATISFACTION OF SUCH CHARGE SHALL BE AUTHORIZED, PROVIDED, HOWEVER, IF THE DISTRICT ATTORNEY UPON REVIEWING THE AVAILABLE EVIDENCE DETERMINES THAT THE CHARGE OF A VIOLATION OF THE ABOVE ENUMER- ATED FELONIES 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. LBD03380-01-9
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