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S01338 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1338
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                    January 14, 2019
                                       ___________
 
        Introduced  by  Sen.  FUNKE  -- 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:

     1    Section  1.  Subdivision 5 of section 220.10 of the criminal procedure
     2  law is amended by adding a new paragraph (i) to read as follows:
     3    (i) Where the indictment charges  a  felony  defined  in  article  one
     4  hundred  thirty of the penal law, then any plea of guilty entered pursu-
     5  ant to subdivision three or four of this section must be or must include
     6  at least a plea of guilty to a felony defined  in  article  one  hundred
     7  thirty  of  the  penal law; provided, however, that where the indictment
     8  charges a class B or a class C felony as defined in article one  hundred
     9  thirty  of  the penal law, then a plea of guilty must include at least a
    10  plea of guilty to a class D felony as defined  in  article  one  hundred
    11  thirty of the penal law.
    12    §  2.  Subparagraph (iii) of paragraph (g) of subdivision 5 of section
    13  220.10 of the criminal procedure law, as amended by chapter 264  of  the
    14  laws of 2003, is amended to read as follows:
    15    (iii)  Where  the  indictment  does  not  charge  a crime specified in
    16  subparagraph (i) of this paragraph, the district attorney may  recommend
    17  removal  of the action to the family court. Upon making such recommenda-
    18  tion the district attorney shall submit a subscribed memorandum  setting
    19  forth:  (1) a recommendation that the interests of justice would best be
    20  served by removal of the action to the family  court;  and  (2)  if  the
    21  indictment  charges  a thirteen year old with the crime of murder in the
    22  second degree[, or a fourteen or fifteen year old  with  the  crimes  of
    23  rape in the first degree as defined in subdivision one of section 130.35
    24  of  the penal law, or criminal sexual act in the first degree as defined
    25  in subdivision one of section 130.50 of the  penal  law],  or  an  armed
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07073-01-9

        S. 1338                             2
 
     1  felony  as  defined in paragraph (a) of subdivision forty-one of section
     2  1.20 of this chapter specific factors, one or more of  which  reasonably
     3  supports  the recommendation, showing, (i) mitigating circumstances that
     4  bear  directly upon the manner in which the crime was committed, or (ii)
     5  where the defendant was not the sole participant in the crime, that  the
     6  defendant's  participation was relatively minor although not so minor as
     7  to constitute a defense to the prosecution, or (iii) possible  deficien-
     8  cies  in  proof of the crime, or (iv) where the juvenile offender has no
     9  previous adjudications of having committed a designated felony  act,  as
    10  defined  in  subdivision eight of section 301.2 of the family court act,
    11  regardless of the age of the offender at the time of commission  of  the
    12  act,  that the criminal act was not part of a pattern of criminal behav-
    13  ior and, in view of the history of the offender, is  not  likely  to  be
    14  repeated.
    15    §  3. Paragraph (b) of subdivision 3 of section 220.30 of the criminal
    16  procedure law is amended by adding two new subparagraphs (x) and (xi) to
    17  read as follows:
    18    (x) A plea of guilty, whether to the entire indictment or to  part  of
    19  the  indictment for any crime other than a felony defined in article one
    20  hundred thirty of the penal law may not be accepted on condition that it
    21  constitutes a complete disposition of  one  or  more  other  indictments
    22  against the defendant wherein is charged a felony defined in article one
    23  hundred thirty of the penal law.
    24    (xi)  A plea of guilty, whether to the entire indictment or to part of
    25  the indictment for any crime other than a class B, a class C or a  class
    26  D felony defined in article one hundred thirty of the penal law, may not
    27  be  accepted  on condition that it constitutes a complete disposition of
    28  one or more other indictments against the defendant wherein is charged a
    29  class B or a class C felony defined in article one hundred thirty of the
    30  penal law.
    31    § 4. This act shall take effect on the first of January next  succeed-
    32  ing the date on which it shall have become a law.
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