This bill has been amended

Bill S1068-2013

Relates to plea bargains in felony sex offense cases; provides that certain pleas shall result in certain minimum punishments

Provides that where a defendant is charged with a felony sex offense, then any plea of guilty must be or must include at least a plea of guilty to a sex felony.

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  • Jan 8, 2014: REFERRED TO CODES
  • Jan 9, 2013: REFERRED TO CODES

Memo

BILL NUMBER:S1068

TITLE OF BILL: An act to amend the criminal procedure law, in relation to plea bargains in felony sex offenses

PURPOSE: To require defendants charged with sex felony offenses who enter pleas to plead to at least a sex felony.

SUMMARY OF PROVISIONS: Section 1, Amends CPL. 220.10(5) to provide that a pleading defendant charged with a sex felony offense, must plead guilty to a sex felony offense.

Section 2. Amends CPL. 220.10(5) by deleting special pleading provisions for juvenile sex offenders.

Section 3. Amends CPL. 220.30(b) to provide that a plea bargain made to part of an indictment which includes a sex felony offense must include a plea to a sex felony offense.

JUSTIFICATION: One of the major problems with Our criminal justice system is that defendants charged with sex felony offenses are, for a variety of reasons allowed to plead guilty to non-sex offenses. As a result, these defendants are lost in the system. They are not treated as sex offenders. They are not required to undergo sex offender treatment or evaluation. They are released into the community without notification, although there is a great likelihood that they will re-offend. By not allowing defendants charged with sex felony offenses to plead out of a sex felony offense we will be able to prevent sex offenders from getting lost in the system.

BILL HISTORY: Referred to Codes in 2001/2002. S.560/A.1578 Referred to Codes in 2003/2004. S.1162 of 2005/06 Referred to Codes S.111 of 2008/2009 Referred to Senate Codes Committee. S.1400/A.821 of 2009/2010 Referred to Senate Codes S.225/A.2451 of 2011/2012 Referred to Codes

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: The first of November next succeeding the date on which it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 1068 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sen. MAZIARZ -- 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. 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 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.

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