Restricts plea bargaining for the crime of rape in the first degree

BILL NUMBER:S3159

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 (i) 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 (g) 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.