Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 14, 2011 |
referred to codes |
Senate Bill S1955
2011-2012 Legislative Session
Sponsored By
(D) 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
2011-S1955 (ACTIVE) - Details
- Current Committee:
- Senate Codes
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd ยง390.20, CP L
- Versions Introduced in 2009-2010 Legislative Session:
-
S1022
2011-S1955 (ACTIVE) - Sponsor Memo
BILL NUMBER:S1955 TITLE OF BILL: An act to amend the criminal procedure law, in relation to the use of pre-sentence investigation reports SUMMARY: This bill would add a new subdivision five to section 390.20 of the Criminal Procedure Law to provide that whenever a criminal court imposes a sentence upon a criminal offender which deviates from the recommended sentence contained in the criminal defender's pre-sentence report, the court would be required to state on the record the reasons for such deviation. JUSTIFICATION: At present, a sentencing judge may impose a sentence upon convicted criminals which deviates from the sentence recommended by the Probation Department without the need to explain such deviation. Often, the court sentences an individual to probation when incarceration is recommended by the probation officer. Judges should explain their reasons for doing so on the record, to ensure the victims, their families, prosecutors and members of the public why these recommendations are not being followed. This bill would accomplish this by requiring judges to state their reason(s) for not following the Probation Department's recommendation, on the record.
2011-S1955 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1955 2011-2012 Regular Sessions I N S E N A T E January 14, 2011 ___________ Introduced by Sen. KRUGER -- 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 the use of pre-sentence investigation reports THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 390.20 of the criminal procedure law is amended by adding a new subdivision 5 to read as follows: 5. REASONS FOR DEVIATION FROM REPORT. WHENEVER THE COURT IMPOSES A SENTENCE WHICH DEVIATES FROM THE RECOMMENDED SENTENCE CONTAINED IN THE DEFENDANT'S PRE-SENTENCE REPORT, THE COURT SHALL STATE ON THE RECORD THE REASONS FOR SUCH DEVIATION. S 2. This act shall take effect on the first day of the calendar month next succeeding the sixtieth day after it shall have become a law. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06786-01-1
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