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History
- Referred to codes
- Referred to codes
Companion bill
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Restricts plea bargaining for the crime of rape in the first degree
In Assembly Committee · Codes · Sponsor Peter Rivera
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 prohibiting plea bargaining where a defendant is indicted for the crime of rape in the first degree
Purpose/summary of provisions
This bill would keep sex offenders jailed by banning plea-bargaining in first-degree rape cases. The purpose is to keep sex offenders, who often repeat their offenses, in prison. Section 1 of the bill amends Subdivision 5 of Section 220.10 of the Criminal Procedure Law by creating a new Paragraph (d) which mandates the mandatory plea of guilty to the charge of first degree rape if a plea of guilty is entered pursuant to another offense as provided for in subdivision three or four of Section 220.10. Section 2 of the bill amends paragraph (h) of Subdivision 5 by deleting paragraph (d) and including paragraph (e) viz. the provisions as they apply to juvenile offenders. Section 3 of the bill amends paragraph (b) of subdivision 3 of Section 220.30 of the Criminal Procedure Law by adding a new subparagraph (x) by providing that a plea of guilty to the whole or part of the indictment for any crime other than the class B felony of rape in the first degree may not be accepted on condition that it constitutes a complete disposition of one or more other indictments against the defendant charged with the class B felony of rape.
Justification
The state prison system has over 4,000 sex offenders. About 2,000 of them are in for first degree rape. Statistics have shown that once released, sex offenders have high rates of repeating their offenses, as high as 50 percent. By limiting the opportunity for plea bargaining for the crime of rape in the first degree, the bill provides that criminals who rape are punished for that offense.
Fiscal implications
None.
Effective date
The first day 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.