What's happening
This bill restricts plea bargains in felony sex offense cases, requiring guilty pleas to include at least a related felony charge.
Why it matters
Limits reduction of charges in plea deals for serious sex offenses. By requiring that guilty pleas in felony sex offense cases must still include at least a felony sex offense charge (and for more severe charges, at least a class D felony), the bill aims to prevent defendants from pleading down to unrelated or less serious offenses, which could mean stricter accountability for such crimes.
Narrows potential outcomes for defendants and prosecutors. Prosecutors will have less flexibility to negotiate plea bargains for felony sex offenses, potentially leading to fewer agreements and more trials, which may impact court resources and outcomes for victims and defendants alike.
Removes allowance for certain youth sex offenses to be sent to family court. By striking language that previously allowed some 14- or 15-year-olds charged with first-degree rape or criminal sexual act to be considered for family court, the bill could mean that more young offenders in these categories will be tried in adult court, affecting rehabilitation opportunities and sentencing.
Ensures that multiple indictments involving sex offense felonies cannot be resolved by pleading guilty to unrelated crimes. This provision closes a loophole that allowed defendants facing multiple indictments, including serious sex offenses, to resolve all charges with a plea to a lesser, unrelated crime, thereby increasing the likelihood that convictions for sex offenses reflect the severity of the initial charges.
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Toughen Sex Offense Plea Bargains
Plain English, a few words. Used as the page title.
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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.
Tougher Sex Offense Plea Rules
In Senate Committee · Codes · Sponsor Rich Funke
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7995
2017-2018 Regular Sessions
IN ASSEMBLY
May 25, 2017
Introduced by M. of A. THIELE -- read once and referred 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 Assembly, do enact as follows:
Section 1. Subdivision 5 of section 220.10 of the criminal procedure law is amended by adding a new paragraph (i) to read as follows:
(i) Where the indictment charges a felony defined in article one hundred thirty of the penal law, then any plea of guilty entered pursuant to subdivision three or four of this section must be or must include at least a plea of guilty to a felony defined in article one hundred thirty of the penal law; provided, however, that where the indictment charges a class B or a class C felony as defined in article one hundred thirty of the penal law, then a plea of guilty must include at least a plea of guilty to a class D felony as defined in article one hundred thirty of the penal law.
§ 2. Subparagraph (iii) of paragraph (g) of subdivision 5 of section 220.10 of the criminal procedure law, as amended by chapter 264 of the laws of 2003, is amended to read as follows:
(iii) Where the indictment does not charge a crime specified in subparagraph (i) of this paragraph, the district attorney may recommend removal of the action to the family court. Upon making such recommendation the district attorney shall submit a subscribed memorandum setting forth: (1) a recommendation that the interests of justice would best be served by removal of the action to the family court; and (2) if the indictment charges a thirteen year old with the crime of murder in the second degree[, or a fourteen or fifteen year old with the crimes of rape in the first degree as defined in subdivision one of section 130.35 of the penal law, or criminal sexual act in the first degree as defined 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.
LBD04165-01-7
A. 7995 2
felony as defined in paragraph (a) of subdivision forty-one of section 1.20 of this chapter specific factors, one or more of which reasonably supports the recommendation, showing, (i) mitigating circumstances that bear directly upon the manner in which the crime was committed, or (ii) where the defendant was not the sole participant in the crime, that the defendant's participation was relatively minor although not so minor as to constitute a defense to the prosecution, or (iii) possible deficiencies in proof of the crime, or (iv) where the juvenile offender has no previous adjudications of having committed a designated felony act, as defined in subdivision eight of section 301.2 of the family court act, regardless of the age of the offender at the time of commission of the act, that the criminal act was not part of a pattern of criminal behavior and, in view of the history of the offender, is not likely to be repeated.
§ 3. Paragraph (b) of subdivision 3 of section 220.30 of the criminal procedure law is amended by adding two new subparagraphs (x) and (xi) to read as follows:
(x) A plea of guilty, whether to the entire indictment or to part of the indictment for any crime other than a felony defined in article one hundred thirty of the penal law may not be accepted on condition that it constitutes a complete disposition of one or more other indictments against the defendant wherein is charged a felony defined in article one hundred thirty of the penal law.
(xi) A plea of guilty, whether to the entire indictment or to part of the indictment for any crime other than a class B, a class C or a class D felony defined in article one hundred thirty of the penal law, may not be accepted on condition that it constitutes a complete disposition of one or more other indictments against the defendant wherein is charged a class B or a class C felony defined in article one hundred thirty of the penal law.
§ 4. This act shall take effect on the first of January next succeeding the date on which it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.