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NY S05490

Bill

Status

Engrossed

6/18/2012

Primary Sponsor

Martin Golden

Click for details

Origin

Senate

2011-2012 General Assembly

AI Summary

  • Eliminates the requirement for pre-sentence investigation and written reports when a negotiated sentence of imprisonment has been agreed upon by both parties as a result of a felony conviction or probation revocation, provided no sentence of probation will be imposed.

  • Removes the blanket requirement for pre-sentence reports in misdemeanor cases, making such reports discretionary for the court.

  • Narrows the circumstances under which pre-sentence investigations can be waived by mutual consent of parties and the judge, removing provisions that allowed waiver when a sentence of imprisonment would satisfy time served or when probation is revoked.

  • Repeals the provision that prohibited waiver of pre-sentence reports when indeterminate or determinate sentences of imprisonment are imposed.

  • Takes effect ninety days after becoming law, with certain provisions subject to expiration and reversion pursuant to chapter 3 of the laws of 1995.

Legislative Description

Removes the requirement of a pre-sentence investigation when a negotiated sentence of imprisonment has been agreed upon and there will be no sentence of probation imposed.

Last Action

referred to codes

6/18/2012

Committee Referrals

Rules6/18/2012
Codes5/25/2011

Full Bill Text

No bill text available