S2993-2011 Actions

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

S2993-2011 Memo

BILL NUMBER:S2993

TITLE OF BILL:
An act
to amend the criminal procedure law, in relation to prohibiting the
reduction of a felony charge where the victim of
the felony was seventy years of age or older

PURPOSE:
Prohibits the reduction of a felony charge where the victim of a crime
is seventy years of age or older.

SUMMARY OF PROVISIONS:
Amends paragraph (b) of subdivision 2 of section 180.50 and
subdivision 3 of section 180.70 of the Criminal Procedure Law to
achieve the above stated purpose.

JUSTIFICATION:
This legislation would strengthen the law against those who commit
felonies against one of the most vulnerable groups in our
communities: our senior citizens. We as a society have an obligation
to protect our senior citizens from those who prey on the elderly.
This bill would prevent any individual who would bring harm to a
vulnerable older person from pleading to a reduced charge in
satisfaction of the original felony charge, and will guarantee
punishment to the fullest extent of the law.

LEGISLATIVE HISTORY:
S.3778 ADAMS
Criminal Procedure Law
03/15/07 REFERRED TO CODES
01/09/08 REFERRED TO CODES

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding
the date on which it shall have become law.

S2993-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         2993
 2011-2012 Regular Sessions
 I N  SENATE
 February 4, 2011
 
 Introduced  by  Sen.  ADAMS  -- 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  prohibiting
 the  reduction  of  a felony charge where the victim of the felony was
 seventy years of age or older
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1.  Paragraph  (b)  of subdivision 2 of section 180.50 of the
 criminal procedure law, as amended by chapter 481 of the laws  of  1978,
 is amended to read as follows:

 (b)    If  there  is  reasonable  cause  to believe that the defendant
 committed a felony in addition to the non-felony offense, the court  may
 order  a  reduction of the charge to one for the non-felony offense only
 if (i) it is satisfied  that  such  reduction  is  in  the  interest  of
 justice,  and  (ii)  the  district  attorney consents thereto; provided,
 however, that the court may not order  such  reduction  where  there  is
 reasonable cause to believe that the defendant committed a class A felo
 ny,  other than those defined in article two hundred twenty of the penal
 law, or any armed felony as defined in subdivision forty-one of  section
 1.20 OR WHERE THERE IS REASONABLE CAUSE TO BELIEVE THE DEFENDANT COMMIT
 TED ANY FELONY AND THE VICTIM OF SUCH FELONY WAS SEVENTY YEARS OF AGE OR
 OLDER.
 

S 2. Subdivision 3 of section 180.70 of the criminal procedure law, as
 amended  by  chapter  481  of  the  laws  of 1978, is amended to read as
 follows:

 3. If there is reasonable cause to believe that the defendant  commit
 ted a felony in addition to a non-felony offense, the court may, instead
 of  ordering  the  defendant  held  for  the  action  of a grand jury as
 provided in subdivision one, reduce the charge to one for such non-felo
 ny offense as provided in subdivision two, if (a) it is  satisfied  that
 such  reduction  is  in  the  interest  of justice, and (b) the district
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07549-01-1
 
       S. 2993                             2
 attorney consents thereto; provided, however, that  the  court  may  not
 order  such  reduction  where  there  is reasonable cause to believe the
 defendant committed a class A felony, other than those defined in  arti
 cle  two hundred twenty of the penal law, or any armed felony as defined
 in subdivision forty-one of section 1.20 OR WHERE  THERE  IS  REASONABLE
 CAUSE  TO  BELIEVE  THE DEFENDANT COMMITTED ANY FELONY AND THE VICTIM OF
 SUCH FELONY WAS SEVENTY YEARS OF AGE OR OLDER.
 

S 3. 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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