Bill S2000-2011

Limits plea bargaining for felony sex offense charges

Provides that when a person is charged with certain designated sexual offenses, any plea bargain shall contain a plea of guilty to at least one of such offenses, unless the district attorney determines that such a charge is not warranted, in which event, the defendant may plead to another charge in satisfaction of the charges preferred.

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  • Jan 4, 2012: REFERRED TO CODES
  • Jan 14, 2011: REFERRED TO CODES

Memo

BILL NUMBER:S2000

TITLE OF BILL: An act to amend the criminal procedure law, in relation to limiting plea bargaining for sexual offenders

PURPOSE: This bill would require that a person charged with a sexual offense would only be allowed to plea bargain where the agreed upon plea included a sex offense.

SUMMARY OF PROVISIONS: Amends subdivision 5 of section 220.10 of the Criminal Procedure Law by adding a new paragraph (i) prohibiting anyone charged with a sexual offense from agreeing to a plea bargain that does not include a sexual offense.

JUSTIFICATION: Our nation has overwhelmingly accepted the introduction of Sex Offender Registries. Fifty states have enacted registries.

The purpose of the sex offender registry is to allow our citizens and their families to be forewarned of the presence of sex offenders in their area. It has been proven that sex offenders are more likely to repeat their crimes than any other offenders. With the initiation of the registries we will be able to take precautions to protect ourselves and our children.

A person's name is included in the registry when they have been convicted of a sexual offense and have been released from confinement.

Where an individual is charged with a crime, often, they are allowed to plead to a lesser crime in full satisfaction of all charges. For example, an individual charged with breaking into a home (burglary) and with a sex offense against the occupant (rape), could be allowed to plead to the burglary charge. The rape charge would be dropped or merged and the sex offender would have satisfied all charges. That sex offender, when released, would not be included in the Sex Offender Registry, because he was not convicted of a sex offense.

This bill would prevent the above scenario. The sex offender would no longer be allowed to plead to any charge that did not include a sex offense.

With this bill, a sex offender would not be able to "mask" his sex offense behind another crime. This bill is comparable to Subdivision 10 of Section 1192 of the Vehicle and Traffic Law which provides for plea bargain limitations for Driving While Intoxicated Charges. Anyone charged with a DWI must at least plead guilty to a violation of one of the provisions in the DWI section.

A sex offender, because of the likelihood of a repeat offense, must be required to plead to some sex offense. Otherwise the purpose of the Sex Offender Registry would be easily thwarted.

LEGISLATIVE HISTORY: 2009/2010 - S.1482 - Referred to Codes 2007/2008 - S.439 - Passed Senate/Assembly Codes 2005/2006 - S.498 - Passed Senate/Assembly Codes 2004 - S.552 - Passed Senate/Assembly Codes 2003 - S.552 - Senate Codes 2001/2002 - S.383 - Senate Codes/Assembly Codes 1999/2000 - S.1017 - Passed Senate/Assembly Codes 1997/1998 - S.306 - Passed Senate/Assembly Codes 1995/1996 - S.3478 - Senate Codes.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: 1st day of November after having passed.


Text

STATE OF NEW YORK ________________________________________________________________________ 2000 2011-2012 Regular Sessions IN SENATE January 14, 2011 ___________
Introduced by Sen. SKELOS -- 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 limiting plea bargaining for sexual offenders 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 CONTAINED IN ARTICLE ONE HUNDRED THIRTY OR SECTION 255.25, 263.05, 263.10 OR 263.15 OF THE PENAL LAW, ANY PLEA OF GUILTY THEREAFTER ENTERED IN SATISFACTION OF SUCH CHARGE MUST INCLUDE AT LEAST A PLEA OF GUILTY TO THE VIOLATION OF ONE OF THE ABOVE ENUMERATED OFFENSES AND NO OTHER DISPOSITION BY PLEA OF GUILTY TO ANY OTHER CHARGE IN SATISFACTION OF SUCH CHARGE SHALL BE AUTHORIZED, PROVIDED, HOWEVER, IF THE DISTRICT ATTORNEY UPON REVIEWING THE AVAILABLE EVIDENCE DETERMINES THAT THE CHARGE OF A VIOLATION OF THE ABOVE ENUMER- ATED FELONIES IS NOT WARRANTED, SUCH DISTRICT ATTORNEY MAY CONSENT, AND THE COURT MAY ALLOW A DISPOSITION BY PLEA OF GUILTY TO ANOTHER CHARGE IN SATISFACTION OF SUCH CHARGE; PROVIDED, HOWEVER, IN ALL SUCH CASES, THE COURT SHALL SET FORTH UPON THE RECORD THE BASIS FOR SUCH DISPOSITION. S 2. 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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