S T A T E O F N E W Y O R K
________________________________________________________________________
2671
2009-2010 Regular Sessions
I N S E N A T E
February 26, 2009
___________
Introduced by Sens. MORAHAN, LARKIN, PADAVAN -- read twice and ordered
printed, and when printed to be committed to the Committee on Crime
Victims, Crime and Correction
AN ACT to amend the executive law, in relation to prohibiting parole for
any inmates convicted for homicide unless five or more members of the
parole board are present at the hearing
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 259-c of the executive law, as
amended by chapter 3 of the laws of 1995, is amended to read as follows:
1. have the power and duty of determining which inmates serving an
indeterminate or determinate sentence of imprisonment may be released on
parole, or on medical parole pursuant to section two hundred
fifty-nine-r of this article, and when and under what conditions;
PROVIDED, HOWEVER, THAT PAROLE SHALL NOT BE GRANTED FOR ANY HOMICIDE
OFFENSES AS DEFINED IN ARTICLE ONE HUNDRED TWENTY-FIVE OF THE PENAL LAW
UNLESS FIVE OR MORE MEMBERS OF THE BOARD ARE PRESENT AT SUCH HEARING;
S 2. Subdivision 1 of section 259-c of the executive law, as added by
chapter 904 of the laws of 1977 and amended by chapter 3 of the laws of
1995, is amended to read as follows:
1. have the power and duty of determining which inmates serving an
indeterminate or determinate or a reformatory sentence of imprisonment
may be released on parole and when and under what conditions; PROVIDED,
HOWEVER, THAT PAROLE SHALL NOT BE GRANTED FOR ANY HOMICIDE OFFENSES AS
DEFINED IN ARTICLE ONE HUNDRED TWENTY-FIVE OF THE PENAL LAW UNLESS FIVE
OR MORE MEMBERS OF THE BOARD ARE PRESENT AT SUCH HEARING;
S 3. Subdivision 1 of section 259-c of the executive law, as added by
chapter 904 of the laws of 1977, is amended to read as follows:
1. have the power and duty of determining which inmates serving an
indeterminate or a reformatory sentence of imprisonment may be released
on parole and when and under what conditions; PROVIDED, HOWEVER, THAT
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08567-01-9
S. 2671 2
PAROLE SHALL NOT BE GRANTED FOR ANY HOMICIDE OFFENSES AS DEFINED IN
ARTICLE ONE HUNDRED TWENTY-FIVE OF THE PENAL LAW OR UNLESS FIVE OR MORE
MEMBERS OF THE BOARD ARE PRESENT AT SUCH HEARING;
S 4. This act shall take effect immediately, provided, however, that:
a. the amendment to subdivision 1 of section 259-c of the executive
law, made by section one of this act, shall not affect the expiration
and reversion of such subdivision pursuant to subdivision (r) of section
427 of chapter 55 of the laws of 1992, as amended, and shall be deemed
repealed therewith, when upon such date the provisions of section two of
this act shall take effect.
b. the amendment to subdivision 1 of section 259-c of the executive
law, made by section two of this act, shall not affect the expiration
and reversion of such subdivision pursuant to subdivision d of section
74 of chapter 3 of the laws of 1995, as amended, and shall be deemed
repealed therewith, when upon such date the provisions of section three
of this act shall take effect.