Bill Text: NY A07241 | 2013-2014 | General Assembly | Introduced

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Bill Title: Requires a pre-sentence report in certain instances and prohibits the waiver of pre-sentence investigation and a written report thereon in any instance involving a family offense.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-01-08 - referred to codes [A07241 Detail]

Download: New_York-2013-A07241-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7241
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      May 8, 2013
                                      ___________
       Introduced  by  M. of A. OTIS -- read once and referred to the Committee
         on Codes
       AN ACT to amend the criminal procedure law,  in  relation  to  requiring
         pre-sentence  reports and prohibiting the waiver of a written pre-sen-
         tence report in instances of family offenses
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The opening paragraph of subdivision 2 of section 390.20 of
    2  the  criminal  procedure  law,  as amended by chapter 413 of the laws of
    3  1991, is amended to read as follows:
    4    Where a person is convicted of a misdemeanor a pre-sentence report  is
    5  not  required,  [but  the]  EXCEPT  THAT  A PRE-SENTENCE REPORT SHALL BE
    6  REQUIRED IN ANY INSTANCE INVOLVING A FAMILY  OFFENSE  AS  PRESCRIBED  IN
    7  SUBDIVISION  ONE  OF  SECTION  530.11 OF THIS CHAPTER. THE court may not
    8  pronounce any of the following sentences unless it has  ordered  a  pre-
    9  sentence  investigation  of  the  defendant  and  has received a written
   10  report thereof:
   11    S 2.   The closing paragraph of paragraph  (a)  of  subdivision  4  of
   12  section 390.20 of the criminal procedure law, as amended by chapter 3 of
   13  the laws of 1995, is amended to read as follows:
   14    Provided, however, a pre-sentence investigation of the defendant and a
   15  written report thereon shall not be waived if an indeterminate or deter-
   16  minate  sentence  of  imprisonment is to be imposed.  PROVIDED, FURTHER,
   17  THAT A PRE-SENTENCE INVESTIGATION OF THE DEFENDANT AND A WRITTEN  REPORT
   18  THEREON  SHALL  NOT BE WAIVED IN ANY INSTANCE INVOLVING A FAMILY OFFENSE
   19  AS PRESCRIBED IN SUBDIVISION ONE OF SECTION 530.11 OF THIS CHAPTER.
   20    S 3. The closing paragraph  of  paragraph  (a)  of  subdivision  4  of
   21  section 390.20 of the criminal procedure law, as added by chapter 413 of
   22  the laws of 1991, is amended to read as follows:
   23    Provided, however, a pre-sentence investigation of the defendant and a
   24  written  report thereon shall not be waived if an indeterminate sentence
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08575-01-3
       A. 7241                             2
    1  of imprisonment is to be imposed.   PROVIDED, FURTHER, THAT  A  PRE-SEN-
    2  TENCE  INVESTIGATION OF THE DEFENDANT AND A WRITTEN REPORT THEREON SHALL
    3  NOT BE WAIVED IN ANY INSTANCE INVOLVING A FAMILY OFFENSE  AS  PRESCRIBED
    4  IN SUBDIVISION ONE OF SECTION 530.11 OF THIS CHAPTER.
    5    S  4. This act shall take effect immediately, provided that the amend-
    6  ment to the closing paragraph of  paragraph  (a)  of  subdivision  4  of
    7  section 390.20 of the criminal procedure law made by section two of this
    8  act  shall  be  subject  to the expiration and reversion of such closing
    9  paragraph pursuant to subdivision d of section 74 of chapter  3  of  the
   10  laws  of 1995, as amended, when upon such date the provisions of section
   11  three of this act shall take effect.