Bill S807-2013

Prohibits reduction of felony charge where the victim of the felony was 70 years or older

Prohibits the reduction of a felony charge where there is reasonable cause to believe the defendant committed a felony in addition to a non-felony offense and where there is reasonable cause to believe the defendant committed such felony against a victim who was 70 years of age or older at the time of such offense.

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  • Jan 9, 2013: REFERRED TO CODES

Memo

BILL NUMBER:S807

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: 2011-12: S.2993 - REFERRED TO CODES 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.


Text

STATE OF NEW YORK ________________________________________________________________________ 807 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
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 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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