S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1024
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2017
                                ___________
 
 Introduced by Sens. FUNKE, GOLDEN -- 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.
   § 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.
              

                                                            LBD04165-01-7

 S. 1024                             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.
   §  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.
   § 4. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law.