Requires pre-sentence report and prohibits the waiver of pre-sentence investigation and a written report thereon in any instance involving a family offense

1 Co-sponsor

• Ruben Diaz

Title of bill

An act to amend the criminal procedure law, in relation to requiring pre-sentence reports and prohibiting the waiver of a written pre-sentence report in instances of family offenses

Purpose

To require pre-sentence investigations and reports in all family offense cases.

Summary of provisions

This bill amends §§390.20(2) and (4) (a) of the criminal procedure law to mandate a pre-sentence investigation of the defendant and to prohibit the parties from exercising a waiver of the pre-sentence investigation of the defendant in any instance involving a family offense.

Justification

Pre-sentence investigations and reports are intended to provide courts with the background information necessary to make sound sentencing decisions. Local probation departments conduct investigations into the circumstances of the crime and background of the defendant, including past criminal history, and provide the court with a report and victim impact statement. When pre-sentence investigations are not conducted, courts may be unaware of past incidents of threats or violence. By requiring pre-sentence investigations in all family offense cases, this legislation will help assure that courts have access to all relevant information before making sentencing decisions.

Existing law

Current law requires a pre-sentence investigation before inves-sentencing for felony convictions but does not require a pre-sentence investigation for misdemeanor convictions. Furthermore, pre-sentence investigations may be waived upon the mutual consent of the parties and with the consent of the judge, unless an indeterminate or determinate sentence is to be imposed.

Legislative history

3/14/07 REFERRED TO CODES 1/09/08 REFERRED TO CODES

Fiscal implications

None.

Effective date

This act shall take effect immediately, provided that the amendment to the closing paragraph of paragraph (a) of subdivision 4 of section 390.20 of the criminal procedure law made by section two of this act shall be subject to the expiration and reversion of such closing paragraph pursuant to subdivision d of section 74 of chapter 3 of the laws of 1995, as amended, when upon such date the provisions of section three of this act shall take effect.