What's happening
This bill restricts plea bargains in felony sex offense cases, requiring pleas to include at least a felony sex offense conviction.
Why it matters
Limits prosecutors’ discretion. By mandating that plea deals in felony sex offense cases must include a conviction for a felony sex crime, the bill significantly restricts prosecutors’ ability to negotiate for lesser, non-sexual felony or misdemeanor charges, even in cases where evidentiary issues or victim circumstances might otherwise support such outcomes.
Impacts defendants’ leverage. Defendants accused of felony sex offenses lose a major incentive to plead guilty—potential reduction to lesser charges—possibly resulting in more cases going to trial and increasing the risk of harsher sentences if convicted.
Victim considerations and court outcomes. The bill could affect victims’ willingness to participate in prosecutions, as plea agreements are often used to avoid the trauma of trial. Requiring a felony sex conviction may limit flexibility in addressing victims’ needs or wishes.
Juvenile and multi-case implications. The bill also prevents plea deals involving other indictments if any include felony sex charges, and narrows the circumstances under which certain sex offense cases involving juveniles can be transferred to family court, potentially leading to more severe penalties for young offenders.
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Tougher Sex Offense Plea Deals
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 Crime Plea Deals
In Senate Committee · Codes · Sponsor Rich Funke
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8803
2019-2020 Regular Sessions
IN ASSEMBLY
November 25, 2019
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.
LBD07073-01-9
A. 8803 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.
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