Bill Text: NY S03159 | 2011-2012 | General Assembly | Introduced


Bill Title: Prohibits plea bargaining to any lesser offense when a defendant is charged or indicted for the crime of rape in the first degree.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-02-10 - REFERRED TO CODES [S03159 Detail]

Download: New_York-2011-S03159-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3159
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   February 10, 2011
                                      ___________
       Introduced  by  Sen.  KRUGER -- 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  prohibiting
         plea bargaining where a defendant is indicted for the crime of rape in
         the first degree
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 5 of section 220.10 of the  criminal  procedure
    2  law is amended by adding a new paragraph (i) to read as follows:
    3    (I)  WHERE  THE  INDICTMENT  CHARGES THE CLASS B FELONY OF RAPE IN THE
    4  FIRST DEGREE DEFINED IN SECTION 130.35 OF THE PENAL LAW, THEN  ANY  PLEA
    5  OF  GUILTY ENTERED PURSUANT TO SUBDIVISION THREE OR FOUR OF THIS SECTION
    6  MUST BE OR MUST INCLUDE A PLEA OF GUILTY TO THE CLASS B FELONY  OF  RAPE
    7  IN THE FIRST DEGREE DEFINED IN SECTION 130.35 OF THE PENAL LAW.
    8    S  2. Paragraph (g) of subdivision 5 of section 220.10 of the criminal
    9  procedure law, as amended by chapter 410 of the laws of  1979,  subpara-
   10  graph  (iii)  as  amended by chapter 264 of the laws of 2003, the second
   11  undesignated paragraph as amended by chapter 920 of the laws of 1982 and
   12  the closing paragraph as amended by chapter 411 of the laws of 1979,  is
   13  amended to read as follows:
   14    (g)  Where  the  defendant  is  a juvenile offender, the provisions of
   15  paragraphs (a), (b), (c) and (d) of this subdivision shall not apply and
   16  any plea entered pursuant to subdivision three or four of this  section,
   17  must be as follows:
   18    (i)   If the indictment charges a person fourteen or fifteen years old
   19  with the crime of murder in the second degree any plea of guilty entered
   20  pursuant to subdivision three or four OF THIS SECTION must be a plea  of
   21  guilty of a crime for which the defendant is criminally responsible;
   22    (ii)   If the indictment does not charge a crime specified in subpara-
   23  graph (i) of this paragraph, then any plea of guilty entered pursuant to
   24  subdivision three or four of this section must be a plea of guilty of  a
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00440-01-1
       S. 3159                             2
    1  crime for which the defendant is criminally responsible unless a plea of
    2  guilty is accepted pursuant to subparagraph (iii) of this paragraph;
    3    (iii)  Where  the  indictment  does  not  charge  a crime specified in
    4  subparagraph (i) of this paragraph, the district attorney may  recommend
    5  removal  of the action to the family court. Upon making such recommenda-
    6  tion the district attorney shall submit a subscribed memorandum  setting
    7  forth:  (1) a recommendation that the interests of justice would best be
    8  served by removal of the action to the family  court;  and  (2)  if  the
    9  indictment  charges  a thirteen year old with the crime of murder in the
   10  second degree, or a fourteen or fifteen year old with the crimes of rape
   11  in the first degree as defined in subdivision one of section  130.35  of
   12  the  penal law, or criminal sexual act in the first degree as defined in
   13  subdivision one of section 130.50 of the penal law, or an  armed  felony
   14  as  defined in paragraph (a) of subdivision forty-one of section 1.20 of
   15  this chapter specific factors, one or more of which reasonably  supports
   16  the  recommendation,  showing,  (i)  mitigating  circumstances that bear
   17  directly upon the manner in which the crime was committed, or (ii) where
   18  the defendant was not the  sole  participant  in  the  crime,  that  the
   19  defendant's  participation was relatively minor although not so minor as
   20  to constitute a defense to the prosecution, or (iii) possible  deficien-
   21  cies  in  proof of the crime, or (iv) where the juvenile offender has no
   22  previous adjudications of having committed a designated felony  act,  as
   23  defined  in  subdivision eight of section 301.2 of the family court act,
   24  regardless of the age of the offender at the time of commission  of  the
   25  act,  that the criminal act was not part of a pattern of criminal behav-
   26  ior and, in view of the history of the offender, is  not  likely  to  be
   27  repeated.
   28    If  the court is of the opinion based on specific factors set forth in
   29  the district attorney's memorandum that the interests of  justice  would
   30  best  be  served by removal of the action to the family court, a plea of
   31  guilty of a crime or act for  which  the  defendant  is  not  criminally
   32  responsible may be entered pursuant to subdivision three or four of this
   33  section,  except  that  a  thirteen  year  old charged with the crime of
   34  murder in the second degree may only plead to a designated  felony  act,
   35  as  defined  in  subdivision  eight of section 301.2 of the family court
   36  act.
   37    Upon accepting any such plea, the court must specify upon  the  record
   38  the  portion  or portions of the district attorney's statement the court
   39  is relying upon as the basis of its opinion and  that  it  believes  the
   40  interests  of  justice would best be served by removal of the proceeding
   41  to the family court.  Such plea shall then be deemed to  be  a  juvenile
   42  delinquency  fact  determination  and  the court upon entry thereof must
   43  direct that the action be removed to the family court in accordance with
   44  the provisions of article seven hundred twenty-five of this chapter.
   45    S 3. Paragraph (b) of subdivision 3 of section 220.30 of the  criminal
   46  procedure  law  is  amended  by adding a new subparagraph (x) to read as
   47  follows:
   48    (X) A PLEA OF GUILTY, WHETHER TO THE ENTIRE INDICTMENT OR TO  PART  OF
   49  THE  INDICTMENT  FOR  ANY CRIME OTHER THAN THE CLASS B FELONY OF RAPE IN
   50  THE FIRST DEGREE DEFINED IN SECTION 130.35 OF THE PENAL LAW, MAY NOT  BE
   51  ACCEPTED  ON CONDITION THAT IT CONSTITUTES A COMPLETE DISPOSITION OF ONE
   52  OR MORE OTHER INDICTMENTS AGAINST THE DEFENDANT WHEREIN IS  CHARGED  THE
   53  CLASS  B FELONY OF RAPE IN THE FIRST DEGREE DEFINED IN SECTION 130.35 OF
   54  THE PENAL LAW.
   55    S 4. This act shall take effect on the first of November next succeed-
   56  ing the date on which it shall have become a law.
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