Provides that when a person is charged with certain designated sexual offenses, any plea bargain shall contain a plea of guilty to at least one of such offenses, unless the district attorney determines that such a charge is not warranted, in which event, the defendant may plead to another charge in satisfaction of the charges preferred.
STATE OF NEW YORK
________________________________________________________________________
2000
2011-2012 Regular Sessions
IN SENATE
January 14, 2011
___________
Introduced by Sen. SKELOS -- 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 sexual offenders
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 a felony contained in article one
4 hundred thirty or section 255.25, 263.05, 263.10 or 263.15 of the penal
5 law, any plea of guilty thereafter entered in satisfaction of such
6 charge must include at least a plea of guilty to the violation of one of
7 the above enumerated offenses and no other disposition by plea of guilty
8 to any other charge in satisfaction of such charge shall be authorized,
9 provided, however, if the district attorney upon reviewing the available
10 evidence determines that the charge of a violation of the above enumer-
11 ated felonies is not warranted, such district attorney may consent, and
12 the court may allow a disposition by plea of guilty to another charge in
13 satisfaction of such charge; provided, however, in all such cases, the
14 court shall set forth upon the record the basis for such disposition.
15 § 2. This act shall take effect on the first of November next succeed-
16 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.
LBD06190-01-1
