Senate Bill S3073

2013-2014 Legislative Session

Removes the requirement of a pre-sentence investigation when a negotiated sentence of imprisonment has been agreed upon and there will be no sentence of probation im

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Sponsored By

Archive: Last Bill Status - In Senate Committee Codes 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-S3073 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §390.20, rpld sub 4 ¶(a) cl ¶, CP L
Versions Introduced in 2011-2012 Legislative Session:
S5490

2013-S3073 (ACTIVE) - Summary

Removes the requirement of a pre-sentence investigation when a negotiated sentence of imprisonment has been agreed upon and there will be no sentence of probation imposed.

2013-S3073 (ACTIVE) - Sponsor Memo

2013-S3073 (ACTIVE) - Bill Text download pdf

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

                                  3073

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 29, 2013
                               ___________

Introduced  by  Sen.  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 the  require-
  ment  of preparing pre-sentence reports and the waiver of such reports
  under certain circumstances, and to repeal the  closing  paragraph  of
  paragraph  (a) of subdivision 4 of section 390.20 of such law relating
  to waiver of pre-sentence reports where indeterminate sentences are to
  be imposed

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

  Section  1.  Subdivision 1 of section 390.20 of the criminal procedure
law is amended to read as follows:
  1. Requirement for felonies. In any case where a person  is  convicted
of  a  felony,  the court must order a pre-sentence investigation of the
defendant and it may not pronounce sentence  until  it  has  received  a
written  report of such investigation.  THIS REQUIREMENT SHALL NOT APPLY
WHEN A NEGOTIATED SENTENCE OF IMPRISONMENT HAS BEEN AGREED UPON  BY  THE
PARTIES  AS  A  RESULT  OF  A  CONVICTION OR REVOCATION OF A SENTENCE OF
PROBATION, AND NO SENTENCE OF PROBATION WILL BE IMPOSED.
  S 2. Subdivision 2 of section 390.20 of the criminal procedure law, as
amended by chapter 413 of the laws of 1991, paragraph (b) as amended  by
section 179 of the laws of 2010, is amended to read as follows:
  2.  Requirement  for  misdemeanors.  Where  a person is convicted of a
misdemeanor a pre-sentence report is not required[, but  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:
  (a)  A  sentence  of probation except where the provisions of subpara-
graph (ii) of paragraph (a) of subdivision four of this section apply;
  (b) A sentence of imprisonment for a term in  excess  of  one  hundred
eighty days;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04364-01-3
              

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