Senate Bill S8944

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8944
 
                             I N  S E N A T E
 
                             January 20, 2026
                                ___________
 
 Introduced  by  Sen.  MYRIE  -- 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 certain guil-
   ty pleas
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 5 of section 220.10 of the criminal procedure
 law is amended by adding a new paragraph (i) to read as follows:
   (I) A DEFENDANT, WITH BOTH THE PERMISSION OF THE COURT AND THE CONSENT
 OF THE PEOPLE, MAY ENTER A PLEA OF GUILTY AS AUTHORIZED BY THIS SECTION,
 NOTWITHSTANDING THE PROVISIONS OF PARAGRAPHS (A), (B), (C), (D), (F) AND
 (H) OF THIS SUBDIVISION, WHEN UPON REVIEW  OF  THE  NATURE  AND  CIRCUM-
 STANCES  OF THE CRIMINAL CONDUCT, THE AVAILABLE EVIDENCE AND THE HISTORY
 AND CHARACTER OF THE DEFENDANT, THE PROSECUTOR AND THE COURT ARE OF  THE
 OPINION  THAT THE PLEA PERMITTED BY THIS PARAGRAPH IS IN THE INTEREST OF
 JUSTICE. THE FACTORS WARRANTING THE PLEA SHALL BE PLACED ON THE  RECORD;
 PROVIDED,  HOWEVER, THE FAILURE TO DO SO SHALL NOT ENTITLE THE DEFENDANT
 TO HAVE THE PLEA OF GUILTY SET ASIDE.
   § 2. Paragraph (b) of subdivision 3 of section 220.30 of the  criminal
 procedure  law  is  amended  by adding a new subparagraph (x) to read as
 follows:
   (X) A DEFENDANT, WITH BOTH THE PERMISSION OF THE COURT AND THE CONSENT
 OF THE PEOPLE, MAY ENTER A PLEA OF GUILTY AS AUTHORIZED BY THIS SECTION,
 NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPHS (I), (II), (III),  (IV),
 (V),  (VI),  (VII),  AND (IX) OF THIS PARAGRAPH, WHEN UPON REVIEW OF THE
 NATURE AND CIRCUMSTANCES OF THE CRIMINAL CONDUCT, THE AVAILABLE EVIDENCE
 AND THE HISTORY AND CHARACTER OF THE DEFENDANT, THE PROSECUTOR  AND  THE
 COURT ARE OF THE OPINION THAT THE PLEA PERMITTED BY THIS SUBPARAGRAPH IS
 IN  THE  INTEREST  OF  JUSTICE. THE FACTORS WARRANTING THE PLEA SHALL BE
 PLACED ON THE RECORD; PROVIDED, HOWEVER, THE FAILURE TO DO SO SHALL  NOT
 ENTITLE THE DEFENDANT TO HAVE THE PLEA OF GUILTY SET ASIDE.
   §  3. Subdivision 5 of section 220.10 of the criminal procedure law is
 amended by adding a new paragraph (j) to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14444-01-6
              

 S. 8944                             2
 
   (J) (I) NOTWITHSTANDING ANY CONTRARY PROVISION OF ARTICLE  SEVENTY  OF
 THE  PENAL  LAW,  IN ANY CASE WHERE THE DEFENDANT APPEARS TO BE A SECOND
 FELONY OFFENDER OR A SECOND FELONY DRUG  OFFENDER  PURSUANT  TO  SECTION
 400.21  OF  THIS  PART,  A  SECOND  VIOLENT  FELONY OFFENDER PURSUANT TO
 SECTION  400.15  OF  THIS  PART  OR A PERSISTENT VIOLENT FELONY OFFENDER
 PURSUANT TO SECTION 400.16 OF THIS PART, THE DEFENDANT  MAY,  UNDER  THE
 CONDITIONS  SET  FORTH  IN  THIS PARAGRAPH, ENTER A PLEA OF GUILTY TO AN
 OFFENSE WITH THE SENTENCE FOR SUCH OFFENSE BEING ANY SENTENCE AUTHORIZED
 FOR SUCH OFFENSE IN THE CASE OF A DEFENDANT WITHOUT ANY SUCH STATUS AS A
 PREDICATE FELON. THE COURT SHALL TREAT ANY  SUCH  PROMISE  IN  THE  SAME
 MANNER  IT  WOULD ANY OTHER LAWFUL SENTENCE PROMISE IN CONNECTION WITH A
 PLEA OF GUILTY.
   (II) THE PEOPLE MAY REQUIRE, AS A CONDITION OF ANY SUCH PLEA, THAT THE
 DEFENDANT BE ADJUDICATED AS A SECOND FELONY OFFENDER, SECOND FELONY DRUG
 OFFENDER, SECOND VIOLENT FELONY OFFENDER OR  PERSISTENT  VIOLENT  FELONY
 OFFENDER,  AS  THE  CASE  MAY  BE,  OR  MAY WAIVE ANY SUCH ADJUDICATION;
 PROVIDED, HOWEVER, THAT IF THE PEOPLE REQUIRE ANY SUCH ADJUDICATION  AND
 THE  DEFENDANT  HAS  NOT  AGREED  TO  IT AS A CONDITION OF THE PLEA, THE
 DEFENDANT MAY  WITHDRAW  SUCH  PLEA  PRIOR  TO  THE  IMPOSITION  OF  THE
 SENTENCE.
   (III)  THE  SENTENCING  OF A DEFENDANT PURSUANT TO ANY SUCH PLEA SHALL
 NOT IMPACT WHETHER ANY CONVICTION IS CONSIDERED A  PREDICATE  FELONY  OR
 PREDICATE  VIOLENT FELONY CONVICTION UNDER THE PENAL LAW OR THIS CHAPTER
 FOR ANY REASON OTHER THAN THE LAWFUL TERM OF THE IMPOSED SENTENCE  UNDER
 THIS SUBDIVISION.
   (IV)  A  PLEA  OF  GUILTY  MAY  BE ENTERED UNDER THIS PARAGRAPH, AND A
 SENTENCE AUTHORIZED BY THIS PARAGRAPH MAY BE IMPOSED, ONLY WITH BOTH THE
 PERMISSION OF THE COURT AND THE CONSENT OF THE  PEOPLE  AND  WHEN,  UPON
 REVIEW  OF  THE  NATURE  AND  CIRCUMSTANCES OF THE CRIMINAL CONDUCT, THE
 AVAILABLE EVIDENCE AND THE HISTORY AND CHARACTER OF THE  DEFENDANT,  THE
 PROSECUTOR  AND  THE COURT ARE OF THE OPINION THAT THE PLEA AND SENTENCE
 PERMITTED BY THIS PARAGRAPH ARE IN THE INTEREST OF JUSTICE. THE  FACTORS
 SUPPORTING  SUCH OPINION SHALL BE PLACED ON THE RECORD; PROVIDED, HOWEV-
 ER, THE FAILURE TO DO SO SHALL NOT ENTITLE THE  DEFENDANT  TO  HAVE  THE
 PLEA OF GUILTY OR THE SENTENCE SET ASIDE.
   §  4.  This act shall take effect immediately and shall apply to pleas
 entered and sentences imposed on or after such date.