What's happening
This bill restricts plea bargains for felony sex offenses, requiring any plea to include a guilty plea to a felony sex crime.
Why it matters
Limits on plea bargains for felony sex offenses. The bill would prevent prosecutors and defense attorneys from negotiating plea deals that allow someone charged with a felony sex crime (under Article 130 of the penal law) to plead guilty to a non-sexual felony or misdemeanor, ensuring that any guilty plea must include at least a felony sex offense.
Reduces opportunities for charge reduction in serious cases. For those indicted on more severe (Class B or C) felony sex offenses, pleas must still result in a conviction for at least a Class D felony sex offense, making it harder to negotiate down to lesser charges and increasing the likelihood of more severe penalties and sex offender registration.
Impacts prosecutorial discretion and case resolution. By restricting plea bargaining options, the bill could result in more cases going to trial, potentially increasing the burden on courts, and may reduce prosecutors’ ability to resolve cases where proof is uncertain or victims are reluctant to testify.
Changes handling of juvenile offenders. The bill removes certain first-degree sex crimes from the list of offenses for which 14- and 15-year-olds could be recommended for removal to family court, meaning more juveniles could be tried as adults for these offenses, with potentially significant lifelong consequences.
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Who cares
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Tougher Sex Crime Plea Deals
Plain English, a few words. Used as the page title.
Sponsors
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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 Deals
In Assembly Committee · Codes · Sponsor Fred Thiele
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1338
2019-2020 Regular Sessions
IN SENATE
January 14, 2019
Introduced by Sen. FUNKE -- read twice and ordered printed, and when printed to be committed 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
S. 1338 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.
Sponsor's memo
Title of bill
An act to amend the criminal procedure law, in relation to plea bargains in felony sex offenses
Purpose
To require defendants charged with sex felony offenses who enter pleas to plead to at least a sex felony.
Summary of provisions
Section 1, Amends CPL. 220.10(5) to provide that a pleading defendant charged with a sex felony offense, must plead guilty to a sex felony offense.
Section 2. Amends CPL. 220.10(5) by deleting special pleading provisions for juvenile sex offenders.
Section 3. Amends CPL. 220.30(b) to provide that a plea bargain made to part of an indictment which includes a sex felony offense must include a plea to a sex felony offense.
Justification
One of the major problems with our criminal justice system is that defendants charged with sex felony offenses are, for a variety of reasons allowed to plead guilty to non-sex offenses. As a result, these defendants are lost in the system. They are not treated as sex offen- ders. They are not required to undergo sex offender treatment or evalu- ation. They are released into the community without notification, although there is a great likelihood that they will re-offend. By not allowing defendants charged with sex felony offenses to plead out of a sex felony offense we will be able to prevent sex offenders from getting lost in the system.
Legislative history
S.2980/A.7366 2015-2016; Referred to Codes
S.1068a of 2013-2014; Referred to Codes
S.225/A.2451 of 2011-2012; Referred to Codes
S.1400/A.821 of 2009-2010; Referred to Senate Codes
S.111 of 2007-2008; Referred to Senate Codes Committee
S.1162 of 2005-06; Referred to Codes
Fiscal implications
None.
Effective date
The first of January 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.