Provides that a pre-sentence investigation and written report thereon shall not be required where a negotiated sentence of imprisonment for a term of three hundred sixty-five days or less has been mutually agreed upon by the parties with consent of the judge, as a result of a conviction or revocation of a sentence of probation; removes the requirement of solely in a city with a population of one million or more.
STATE OF NEW YORK
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2934
2017-2018 Regular Sessions
IN SENATE
January 18, 2017
___________
Introduced by Sen. GALLIVAN -- 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 negotiated
sentence of imprisonment
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 390.20 of the criminal procedure
2 law, as added by chapter 556 of the laws of 2013, is amended to read as
3 follows:
4 5. Negotiated sentence of imprisonment. [In any city having a popu-
5 lation of one million or more and notwithstanding] Notwithstanding the
6 provisions of subdivision one or two of this section, a pre-sentence
7 investigation and written report thereon shall not be required where a
8 negotiated sentence of imprisonment for a term of three hundred sixty-
9 five days or less has been mutually agreed upon by the parties with
10 consent of the judge, as a result of a conviction or revocation of a
11 sentence of probation.
12 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00245-01-7