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NY A04826
Bill
Status
2/8/2011
Primary Sponsor
Peter Rivera
Click for details
AI Summary
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Amends Criminal Procedure Law Section 220.10 to prohibit defendants indicted for first degree rape (Class B felony under Penal Law Section 130.35) from pleading guilty to any lesser offense, requiring any guilty plea to be to the first degree rape charge itself
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Modifies provisions for juvenile offenders to prevent guilty pleas to crimes for which they are not criminally responsible when charged with first degree rape, except in limited circumstances where the district attorney recommends removal to family court with specific justifying factors
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Prohibits acceptance of guilty pleas to other crimes if such pleas are conditioned as complete resolution of separate indictments charging first degree rape
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Applies to all plea agreements entered under Criminal Procedure Law Subdivisions 3 and 4 involving first degree rape charges
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Takes effect November 1st following the date the bill becomes law
Legislative Description
Prohibits plea bargaining to any lesser offense when a defendant is charged or indicted for the crime of rape in the first degree.
Last Action
enacting clause stricken
9/4/2012