Assembly Bill A7241

2013-2014 Legislative Session

Requires pre-sentence report and prohibits the waiver of pre-sentence investigation and a written report thereon in any instance involving a family offense

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Archive: Last Bill Status - In Assembly 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

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2013-A7241 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §390.20, CP L

2013-A7241 (ACTIVE) - Summary

Requires a pre-sentence report in certain instances and prohibits the waiver of pre-sentence investigation and a written report thereon in any instance involving a family offense.

2013-A7241 (ACTIVE) - Bill Text download pdf 

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

                                  7241

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               May 8, 2013
                               ___________

Introduced  by  M. of A. OTIS -- read once and referred to the Committee
  on Codes

AN ACT to amend the criminal procedure law,  in  relation  to  requiring
  pre-sentence  reports and prohibiting the waiver of a written pre-sen-
  tence report in instances of family offenses

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The opening paragraph of subdivision 2 of section 390.20 of
the  criminal  procedure  law,  as amended by chapter 413 of the laws of
1991, is amended to read as follows:
  Where a person is convicted of a misdemeanor a pre-sentence report  is
not  required,  [but  the]  EXCEPT  THAT  A PRE-SENTENCE REPORT SHALL BE
REQUIRED IN ANY INSTANCE INVOLVING A FAMILY  OFFENSE  AS  PRESCRIBED  IN
SUBDIVISION  ONE  OF  SECTION  530.11 OF THIS CHAPTER. THE court may not
pronounce any of the following sentences unless it has  ordered  a  pre-
sentence  investigation  of  the  defendant  and  has received a written
report thereof:
  S 2.   The closing paragraph of paragraph  (a)  of  subdivision  4  of
section 390.20 of the criminal procedure law, as amended by chapter 3 of
the laws of 1995, is amended to read as follows:
  Provided, however, a pre-sentence investigation of the defendant and a
written report thereon shall not be waived if an indeterminate or deter-
minate  sentence  of  imprisonment is to be imposed.  PROVIDED, FURTHER,
THAT A PRE-SENTENCE INVESTIGATION OF THE DEFENDANT AND A WRITTEN  REPORT
THEREON  SHALL  NOT BE WAIVED IN ANY INSTANCE INVOLVING A FAMILY OFFENSE
AS PRESCRIBED IN SUBDIVISION ONE OF SECTION 530.11 OF THIS CHAPTER.
  S 3. The closing paragraph  of  paragraph  (a)  of  subdivision  4  of
section 390.20 of the criminal procedure law, as added by chapter 413 of
the laws of 1991, is amended to read as follows:
  Provided, however, a pre-sentence investigation of the defendant and a
written  report thereon shall not be waived if an indeterminate sentence

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08575-01-3

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