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History
- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Relates to plea bargains in felony sex offense cases; provides that certain pleas shall result in certain minimum punishments
In Assembly Committee · Codes · Sponsor Francine DelMonte
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the criminal procedure law, in relation to plea bargains in felony sex offenses
Purpose
To require defendants charged with sex felony offenses who enter pleas to plead to at least a sex felony.
Summary of provisions
Section 1. Amends CPL. 220.10(5) to provide that a pleading defendant charged with a sex felony offense, must plead guilty to a sex felony offense. Section 2. Amends CPL. 220.10(5) by deleting special pleading provisions for juvenile sex offenders. Section 3. Amends CPL. 220.30(b) to provide that a plea bargain made to part of an indictment which includes a sex felony offense must include a plea to a sex felony offense.
Justification
One of the major problems with Our criminal justice system is that defendants charged with sex felony offenses are, for a variety of reasons allowed to plead guilty to non-sex offenses. As a result, these defendants are lost in the system. They are not treated as sex offenders. They are not required to undergo sex offender treatment or evaluation. They are released into the community without notification, although there is a great likelihood that they will re-offend. By not allowing defendants charged with sex felony offenses to plead out of a sex felony offense we will be able to prevent sex offenders from getting lost in the system.
Bill history
Referred to Codes in 2001/2002. S.560/ A.1578 Referred to Codes in 2003/2004. S.1162 of 2005/06 Referred to Codes; S.111 of 2008-2009 Referred to Senate Codes Committee.
Fiscal implications
None.
Effective date
The first of November next succeeding the date on which it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.