|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 04, 2012||referred to codes|
|Jan 05, 2011||referred to codes|
senate Bill S645
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S645 - Details
S645 - Summary
Provides that the sentence for committing murder in the first degree when the victim is a police officer, peace officer or correction officer shall be either death or life imprisonment without parole.
S645 - Sponsor Memo
BILL NUMBER:S645 TITLE OF BILL: An act to amend the penal law and the criminal procedure law, in relation to sentencing for the commission of certain provisions of murder in the first degree PURPOSE: To reinstate the death penalty for the intentional murder of a police officer, peace officer or an employee of the Department of Correctional Services. SUMMARY OF PROVISIONS: Section 1 sets forth the legislative intent to address the holding of the New York Court of Appeals in 2004 in the case of People v. LaValle so as to reinstate the death penalty for those who intentionally murder a police officer, peace officer or an employee of the Department of Correctional Services. Sections 2, 3 and 4 amend provisions of current law to provide that any person who is convicted of the intentional murder of a police officer, peace officer or an employee of the Department of Correctional Services pursuant to provisions of current law defining the crime of murder 1st degree shall, if the jury elects not to impose the sentence of death, be sentenced to life imprisonment
S645 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 645 2011-2012 Regular Sessions I N S E N A T E (PREFILED) January 5, 2011 ___________ Introduced by Sens. GOLDEN, LAVALLE, MAZIARZ, RANZENHOFER -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law and the criminal procedure law, in relation to sentencing for the commission of certain provisions of murder in the first degree THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 60.06 of the penal law, as amended by chapter 482 of the laws of 2009, is amended to read as follows: S 60.06 Authorized disposition; murder in the first degree offenders; aggravated murder offenders; certain murder in the second degree offenders; certain terrorism offenders; criminal possession of a chemical weapon or biological weapon offen- ders; criminal use of a chemical weapon or biological weapon offenders. When a defendant is convicted of murder in the first degree as defined in section 125.27 of this chapter, the court shall, in accordance with the provisions of section 400.27 of the criminal procedure law, sentence the defendant to death, to life imprisonment without parole in accord- ance with subdivision five of section 70.00 of this title, or to a term of imprisonment for a class A-I felony other than a sentence of life imprisonment without parole, in accordance with subdivisions one through three of section 70.00 of this title. When a person is convicted of murder in the second degree as defined in subdivision five of section 125.25 of this chapter or of the crime of aggravated murder as defined in subdivision one of section 125.26 of this chapter, OR OF THE CRIME OF MURDER IN THE FIRST DEGREE AS DEFINED IN SUBPARAGRAPH (I), (II), OR (III) OF PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION 125.27 OF THIS CHAPTER AND THE SENTENCE OF DEATH IS NOT IMPOSED the court shall EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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