NY State Senate Bill 2013-S4409

Senate Bill S4409

2013-2014 Legislative Session

Makes life imprisonment without parole mandatory for defendants convicted of murder in the first degree and the victim is a police officer

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to codes
Mar 26, 2013	referred to codes

2013-S4409 (ACTIVE) - Details

See Assembly Version of this Bill:: A6772
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§60.06 & 70.00, Pen L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S3208, A2613
2017-2018: S3681, A4989
2019-2020: S3077
2021-2022: S3459
2023-2024: S2020

2013-S4409 (ACTIVE) - Summary

Makes life imprisonment without parole mandatory for defendants convicted of murder in the first degree and the victim is a police officer.

2013-S4409 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4409

TITLE OF BILL:  An act to amend the penal law, in relation to making
life imprisonment without parole mandatory for defendants convicted of
murder in the first degree and the victim is a police officer

PURPOSE:

To require a mandatory life sentence without parole for the murder of
police officers.

SUMMARY OF PROVISIONS:

Amends section 60.06 of the penal law, as amended by chapter 482 of
the laws of 2009, requiring a term of life imprisonment without parole
upon the conviction for the crime of murder in the first degree as
defined in subparagraph (i) of paragraph (a) of subdivision one of
section 125.27 of this chapter.

EXISTING LAW:

In 2004, the New York State Court of Appeals, in the case of PEOPLE
vs. LAVALLE, found that New York's existing capital punishment (death
penalty) statute was unconstitutional and could not be enforced. This
finding related to language in the law governing the instruction to be
given to a jury in a capital case in the event that the jury became

deadlocked and could not agree on either of the two sentences provided
under the law: death or life without the possibility of parole.
Specifically, the jury would be informed that, in the case of
deadlock, the trial judge would be empowered to sentence the defendant
to as little as 20 years to life or as much as life in prison without
parole. The court found that this instruction might coerce jurors in
favor of sentencing the defendant to life in prison without parole to
change their votes to the death penalty, worried that the defendant
might otherwise be released on parole in 20 years.  This potential for
coercion was found to violate the due process clause of the New York
State Constitution. The court did not hold that the death penalty was
an inappropriate punishment for certain heinous crimes; only that the
procedure for imposing the sentence was flawed.

After the Court of Appeals invalidated New York's death penalty law,
the Legislature enacted Chapter 765 of the Laws of 2005, also known as
"The Crimes Against Police Officers Act." Part of this law created the
new crime of aggravated murder - deemed to occur when a person
intentionally kills a police officer, peace officer or an employee of
the Department of Correctional Services. The only sentence which can
be imposed under this 2005 law for the crime of aggravated murder is
life imprisonment without parole.

However, the earlier crime of murder in the first degree, the charge
brought against those who intentionally killed law enforcement
officers prior to the enactment of the 2005 Crimes Against Police
Officers Act, remained on the books following the Court of Appeals
ruling on the death penalty statute. As such, state law technically
continues to provide for prosecutorial discretion in allowing those
who murder law enforcement officers to be eligible for parole - in
direct contradiction to the intent of the 2005 statute.


JUSTIFICATION:

This legislation seeks to close the loophole that allows parole for
murderers of police officers by requiring that mandatory life
sentences without parole be imposed for these circumstances without
exception. In the case of the family of Police Officer Edward Byrne
who was murdered by four assailants on February 26, 1988, these
survivors are forced to relive the ordeal every two years as the
criminals are considered for parole. Families of murdered law
enforcement officers should not have to endure this experience, and
such criminals must never, under any circumstances, be considered for
release.

LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

The first of November succeeding the date on which it has become law.

2013-S4409 (ACTIVE) - Bill Text download pdf

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

                                  4409

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 26, 2013
                               ___________

Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in relation to making  life  imprisonment
  without  parole  mandatory  for  defendants convicted of murder in the
  first degree and the victim is a police officer

  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, EXCEPT AS
PROVIDED  IN  SUBDIVISION FIVE OF SECTION 70.00 OF THIS TITLE, 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,  the  court  shall
sentence the defendant to life imprisonment without parole in accordance
with  subdivision  five of section 70.00 of this title. When a defendant
is convicted of the crime of terrorism as defined in section  490.25  of
this  chapter,  and  the  specified offense the defendant committed is a

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08038-01-3

S. 4409                             2

class A-I felony offense, or when a defendant is convicted of the  crime
of  criminal possession of a chemical weapon or biological weapon in the
first degree as defined in section 490.45 of this  chapter,  or  when  a
defendant is convicted of the crime of criminal use of a chemical weapon
or biological weapon in the first degree as defined in section 490.55 of
this  chapter,  the court shall sentence the defendant to life imprison-
ment without parole in accordance with subdivision five of section 70.00
of this title; provided, however, that nothing  in  this  section  shall
preclude  or  prevent  a  sentence  of  death when the defendant is also
convicted of murder in the first degree as defined in section 125.27  of
this  chapter.  When  a  defendant  is convicted of aggravated murder as
defined in subdivision two of section 125.26 of this chapter, the  court
shall sentence the defendant to life imprisonment without parole 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.
  S  2.  Subdivision  5 of section 70.00 of the penal law, as amended by
chapter 482 of the laws of 2009, is amended to read as follows:
  5.  Life  imprisonment  without  parole.  Notwithstanding  any   other
provision  of  law,  a  defendant sentenced to life imprisonment without
parole shall not  be  or  become  eligible  for  parole  or  conditional
release.  For  purposes of commitment and custody, other than parole and
conditional release, such sentence shall be deemed to be  an  indetermi-
nate  sentence.  A defendant may be sentenced to life imprisonment with-
out parole upon conviction for the crime of murder in the  first  degree
as  defined in section 125.27 of this chapter and in accordance with the
procedures provided by law for imposing a sentence  for  such  crime.  A
defendant  must  be  sentenced  to life imprisonment without parole upon
conviction for the crime of terrorism as defined in  section  490.25  of
this  chapter,  where the specified offense the defendant committed is a
class A-I felony; the crime of criminal possession of a chemical  weapon
or biological weapon in the first degree as defined in section 490.45 of
this  chapter;  or  the  crime  of  criminal use of a chemical weapon or
biological weapon in the first degree as defined in  section  490.55  of
this  chapter; provided, however, that nothing in this subdivision shall
preclude or prevent a sentence of  death  when  the  defendant  is  also
convicted  of  the  crime  of  murder  in the first degree as defined in
section 125.27 of this chapter.  A DEFENDANT MUST BE SENTENCED  TO  LIFE
IMPRISONMENT  WITHOUT  PAROLE UPON CONVICTION FOR THE CRIME OF MURDER IN
THE FIRST DEGREE AS DEFINED IN SUBPARAGRAPH  (I)  OF  PARAGRAPH  (A)  OF
SUBDIVISION  ONE  OF SECTION 125.27 OF THIS CHAPTER. A defendant must be
sentenced to life imprisonment without parole upon  conviction  for  the
crime  of  murder in the second degree as defined in subdivision five of
section 125.25 of this chapter or for the crime of aggravated murder  as
defined  in subdivision one of section 125.26 of this chapter. A defend-
ant may be sentenced to life imprisonment without parole upon conviction
for the crime of aggravated murder as  defined  in  subdivision  two  of
section 125.26 of this chapter.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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