Limits plea bargaining for misdemeanor and felony charges; provides, in cases where the indictment charges a misdemeanor or felony, that any plea of guilty thereafter entered in satisfaction of such charge shall include at least a plea of guilty to the violation of the offense which is not less than one class lower than the class of crime which was originally charged.
STATE OF NEW YORK
________________________________________________________________________
1703
2011-2012 Regular Sessions
IN SENATE
January 11, 2011
___________
Introduced by Sen. SAMPSON -- 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 limiting plea
bargaining for misdemeanor and felony charges
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 220.10 of the criminal procedure law is amended by
2 adding a new subdivision 5-a to read as follows:
3 5-a. Except as provided in subdivision five of this section, where the
4 indictment charges a misdemeanor or felony, any plea of guilty thereaft-
5 er entered in satisfaction of such charge shall include at least a plea
6 of guilty to the violation of a crime which is not more than one class
7 lower than the class of crime which was originally charged and no other
8 disposition by plea of guilty to any other charge in satisfaction of
9 such original charge shall be authorized. If the district attorney upon
10 reviewing the available evidence determines that the charge of a
11 violation of such misdemeanor or felony is not warranted, such district
12 attorney may consent, and the court may allow a disposition by plea of
13 guilty to another charge in satisfaction of such charge; provided,
14 however, in all such cases, the court shall set forth upon the record
15 the basis for such disposition.
16 § 2. This act shall take effect on the first of November next succeed-
17 ing the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05910-01-1
