Prohibits the reduction of a felony charge where there is reasonable cause to believe the defendant committed a felony in addition to a non-felony offense and where there is reasonable cause to believe the defendant committed such felony against a victim who was 70 years of age or older at the time of such offense.
STATE OF NEW YORK
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807
2013-2014 Regular Sessions
IN SENATE(Prefiled)
January 9, 2013
___________
Introduced by Sen. ADAMS -- 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
the reduction of a felony charge where the victim of the felony was
seventy years of age or older
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (b) of subdivision 2 of section 180.50 of the
2 criminal procedure law, as amended by chapter 481 of the laws of 1978,
3 is amended to read as follows:
4 (b) If there is reasonable cause to believe that the defendant
5 committed a felony in addition to the non-felony offense, the court may
6 order a reduction of the charge to one for the non-felony offense only
7 if (i) it is satisfied that such reduction is in the interest of
8 justice, and (ii) the district attorney consents thereto; provided,
9 however, that the court may not order such reduction where there is
10 reasonable cause to believe that the defendant committed a class A felo-
11 ny, other than those defined in article two hundred twenty of the penal
12 law, or any armed felony as defined in subdivision forty-one of section
13 1.20 or where there is reasonable cause to believe the defendant commit-
14 ted any felony and the victim of such felony was seventy years of age or
15 older.
16 § 2. Subdivision 3 of section 180.70 of the criminal procedure law, as
17 amended by chapter 481 of the laws of 1978, is amended to read as
18 follows:
19 3. If there is reasonable cause to believe that the defendant commit-
20 ted a felony in addition to a non-felony offense, the court may, instead
21 of ordering the defendant held for the action of a grand jury as
22 provided in subdivision one, reduce the charge to one for such non-felo-
23 ny offense as provided in subdivision two, if (a) it is satisfied that
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04531-01-3
S. 807 2
1 such reduction is in the interest of justice, and (b) the district
2 attorney consents thereto; provided, however, that the court may not
3 order such reduction where there is reasonable cause to believe the
4 defendant committed a class A felony, other than those defined in arti-
5 cle two hundred twenty of the penal law, or any armed felony as defined
6 in subdivision forty-one of section 1.20 or where there is reasonable
7 cause to believe the defendant committed any felony and the victim of
8 such felony was seventy years of age or older.
9 § 3. This act shall take effect on the first of November next succeed-
10 ing the date on which it shall have become a law.
