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NY S05490
Bill
Status
6/18/2012
Primary Sponsor
Martin Golden
Click for details
AI Summary
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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.
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Removes the blanket requirement for pre-sentence reports in misdemeanor cases, making such reports discretionary for the court.
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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.
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Repeals the provision that prohibited waiver of pre-sentence reports when indeterminate or determinate sentences of imprisonment are imposed.
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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