senate Bill S4746

2011-2012 Legislative Session

Alters procedures relating to sentencing procedures and jury charges in capital cases

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Sponsored By

Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to codes
Apr 18, 2011 referred to codes

Co-Sponsors

S4746 - Details

Current Committee:
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §400.27, CP L
Versions Introduced in 2009-2010 Legislative Session:
A2951

S4746 - Summary

Amends the sentencing procedures and jury charge in capital cases.

S4746 - Sponsor Memo

S4746 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4746

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 18, 2011
                               ___________

Introduced  by  Sen.  O'MARA -- 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  capital
  punishment

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 400.27 of the  criminal  procedure
law,  as  added  by chapter 1 of the laws of 1995, is amended to read as
follows:
  1. Upon [the] conviction of a defendant for the offense of  murder  in
the  first  degree  as  defined by SUBPARAGRAPHS (I), (III) OR (XIII) OF
PARAGRAPH (A) OF SUBDIVISION ONE OF section 125.27 of the penal law, the
court shall promptly conduct a separate sentencing proceeding to  deter-
mine  whether  the  defendant  shall be sentenced to death [or], to life
imprisonment without parole pursuant  to  subdivision  five  of  section
70.00  of  the penal law, OR TO A SENTENCE OF IMPRISONMENT FOR THE CLASS
A-I FELONY OF MURDER IN THE FIRST DEGREE OTHER THAN A SENTENCE  OF  LIFE
IMPRISONMENT WITHOUT PAROLE.  Nothing in this section shall be deemed to
preclude  the people at any time from determining that the death penalty
shall not be sought in a particular case, in  which  case  the  separate
sentencing  proceeding shall not be conducted and the court may sentence
such defendant to life imprisonment without parole or to a  sentence  of
imprisonment  for  the  class  A-I  felony of murder in the first degree
other than a sentence of life imprisonment without parole.
  S 2. Subdivision 10 of section 400.27 of the criminal  procedure  law,
as  added  by  chapter  1  of  the  laws  of 1995, is amended to read as
follows:
  10. (A) At the conclusion of all the  evidence,  the  people  and  the
defendant  may present argument in summation for or against the sentence
sought by the people. The people may deliver the first summation and the
defendant may then deliver the last  summation.  Thereafter,  the  court

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09719-01-1

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