S T A T E   O F   N E W   Y O R K
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                                  4009

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 30, 2013
                               ___________

Introduced  by  M. of A. GABRYSZAK, CERETTO -- read once and referred 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
in subdivision one of section 130.50 of the  penal  law],  or  an  armed

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02077-01-3
              

A. 4009                             2

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.