Bill Text: NY S05649 | 2013-2014 | General Assembly | Introduced

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Bill Title: Relates to a plea of guilty.

Spectrum: Committee Bill

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO CODES [S05649 Detail]

Download: New_York-2013-S05649-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5649
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                     May 31, 2013
                                      ___________
       Introduced  by  COMMITTEE ON RULES -- (at request of the Office of Court
         Administration) -- 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  a  plea  of
         guilty
         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) A DEFENDANT, WITH BOTH THE PERMISSION OF THE COURT AND THE CONSENT
    4  OF THE PEOPLE, MAY ENTER A PLEA OF GUILTY AS AUTHORIZED BY THIS SECTION,
    5  NOTWITHSTANDING THE PROVISIONS OF PARAGRAPHS (A), (B), (C), (D), (F) AND
    6  (H)  OF  THIS  SUBDIVISION,  WHEN  UPON REVIEW OF THE NATURE AND CIRCUM-
    7  STANCES OF THE CRIMINAL CONDUCT, THE AVAILABLE EVIDENCE AND THE  HISTORY
    8  AND  CHARACTER OF THE DEFENDANT, THE PROSECUTOR AND THE COURT ARE OF THE
    9  OPINION THAT THE PLEA  IS  IN  THE  INTEREST  OF  JUSTICE.  THE  FACTORS
   10  WARRANTING  THE PLEA SHALL BE PLACED ON THE RECORD; HOWEVER, THE FAILURE
   11  TO DO SO SHALL NOT ENTITLE THE DEFENDANT TO HAVE THE PLEA OF GUILTY  SET
   12  ASIDE.
   13    S  2. Paragraph (b) of subdivision 3 of section 220.30 of the criminal
   14  procedure law is amended by adding a new subparagraph  (x)  to  read  as
   15  follows:
   16    (X) A DEFENDANT, WITH BOTH THE PERMISSION OF THE COURT AND THE CONSENT
   17  OF THE PEOPLE, MAY ENTER A PLEA OF GUILTY AS AUTHORIZED BY THIS SECTION,
   18  NOTWITHSTANDING  THE PROVISIONS OF SUBPARAGRAPHS (I), (II), (III), (IV),
   19  (V), (VI), (VII) AND (IX) OF THIS PARAGRAPH, WHEN  UPON  REVIEW  OF  THE
   20  NATURE AND CIRCUMSTANCES OF THE CRIMINAL CONDUCT, THE AVAILABLE EVIDENCE
   21  AND  THE  HISTORY AND CHARACTER OF THE DEFENDANT, THE PROSECUTOR AND THE
   22  COURT ARE OF THE OPINION THAT THE PLEA IS IN THE  INTEREST  OF  JUSTICE.
   23  THE  FACTORS WARRANTING THE PLEA SHALL BE PLACED ON THE RECORD; HOWEVER,
   24  THE FAILURE TO DO SO SHALL NOT ENTITLE THE DEFENDANT TO HAVE THE PLEA OF
   25  GUILTY SET ASIDE.
   26    S 3. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10033-01-3