Bill Text: NY A07052 | 2015-2016 | General Assembly | Introduced

New York Assembly Bill 7052 (Prior Session Legislation)

Introduced

Bill Title: Provides for the availability of presentence reports to the defendant, the defendant's attorney and the prosecutor.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2016-03-22 - REFERRED TO CODES [A07052 Detail]

Download: New_York-2015-A07052-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7052
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                    April 22, 2015
                                      ___________
       Introduced  by  M.  of  A.  LAVINE -- (at request of the Office of Court
         Administration) -- read once and referred to the Committee on Codes
       AN ACT to amend the criminal procedure law, in relation to  availability
         of presentence reports
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Paragraph (a) of subdivision 2 of  section  390.50  of  the
    2  criminal procedure law, as amended by section 5 of part OO of chapter 56
    3  of the laws of 2010, is amended to read as follows:
    4    (a)  Not less than one court day prior to sentencing, unless such time
    5  requirement is waived by the parties, the pre-sentence report  or  memo-
    6  randum  shall  be  made  available  by the court for examination and for
    7  copying by the  DEFENDANT,  THE  defendant's  attorney,  [the  defendant
    8  himself,  if he has no attorney,] and the prosecutor. In its discretion,
    9  the court may except from disclosure a part or parts of  the  report  or
   10  memoranda  which  are not relevant to a proper sentence, or a diagnostic
   11  opinion which might seriously disrupt a program  of  rehabilitation,  or
   12  sources  of  information which have been obtained on a promise of confi-
   13  dentiality, or any other portion thereof, disclosure of which would  not
   14  be in the interest of justice. In all cases where a part or parts of the
   15  report  or  memoranda  are  not disclosed, the court shall state for the
   16  record that a part or  parts  of  the  report  or  memoranda  have  been
   17  excepted and the reasons for its action. The action of the court except-
   18  ing  information  from  disclosure shall be subject to appellate review.
   19  The pre-sentence report shall be made available by the court  for  exam-
   20  ination and copying in connection with any appeal in the case, including
   21  an  appeal under this subdivision. Upon written request, the court shall
   22  make a copy of the presentence report, other than a part or parts of the
   23  report redacted by the court pursuant to this  paragraph,  available  to
   24  the  defendant for use before the parole board for release consideration
   25  or an appeal of a parole board determination.  In  his  or  her  written
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09696-02-5
       A. 7052                             2
    1  request  to  the  court the defendant shall affirm that he or she antic-
    2  ipates an appearance before the parole  board  or  intends  to  file  an
    3  administrative  appeal  of a parole board determination. The court shall
    4  respond  to  the  defendant's  written  request  within twenty days from
    5  receipt of the defendant's written request.
    6    S 2. This act shall take effect immediately, and shall  apply  to  all
    7  convictions on or after such effective date.