senate Bill S6462

2013-2014 Legislative Session

Permits sentences for two or more crimes committed through a single act to run consecutively when one of such crimes is a homicide

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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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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 27, 2014 referred to codes

S6462 - Bill Details

See Assembly Version of this Bill:
A9150
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd ยง70.25, Pen L

S6462 - Bill Texts

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Permits sentences for two or more crimes to run consecutively, when one of such crimes is a homicide.

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BILL NUMBER:S6462

TITLE OF BILL: An act to amend the penal law, in relation to consec-
utive sentences for homicide offenses

PURPOSE: Permits sentence for two or more crimes committed through a
single act to run consecutively when one of such crimes is a homicide.

SUMMARY OF PROVISIONS:

Section 1 amends subdivision 2 of section 70.25 of the penal law to
provide a judge with the discretion to sentence a defendant that
receives separate sentences for multiple homicides, committed through a
single act or omission consecutively.

Section 2 sets an immediate effective date.

JUSTIFICATION: On August 1, 2012, Ryan Floryan ran a red light at the
Eastbound Arterial and Worrall Avenue in the City of Poughkeepsie and
slammed into a Kia Optima carrying Shawn and Patricia Wonderly of the
City of Poughkeepsie. The couple was killed in the crash Thankfully,
their two beautiful children Abigail, now 9, and Matthew Wonderly, now
8, who were also in the car survived the crash.

On Wednesday June 12, 2013, Ryan Floryan pleaded guilty to two counts of
second-degree manslaughter. He faces six and a half to thirteen years in
prison. While the families were relieved by Mr. Floryan's guilty plea,
they are rightfully upset that under state law, Dutchess County Court
Judge Stephen Greller could not impose a stricter sentence and must have
the sentences run at the same time. Even though he killed two individ-
uals with his actions, he serves a sentence for both of them concurrent-
ly. During court proceedings, Floryan admitted that he was driving at an
excessive speed to avoid City of Poughkeepsie police because he was on
parole violation.

Judges in New York State are handcuffed and shackled when it comes this
concurrent sentence stipulation. This law is not fair and it cheapens
and degrades human life. It is disgraceful and prevents proper punish-
ments for career criminals.

Subdivision 2 of Section 70.25 of the Penal Law currently provides that
the multiple sentences imposed on offenders who have committed numerous
crimes by means of a single act must run concurrently. This means that
all of the sentences are served at the same time. The portion of the
bill amending Penal Law Section 70.25 will remedy this situation by
requiring that the separate sentences imposed for multiple injuries or
deaths caused by one act run consecutively.

This will allow a defendant to be punished for more than just the harm
caused to one of his or her multiple victims This will help to ensure
that the extent of a defendant's sentence will directly and appropriate-
ly relate to the amount of suffering he or she has caused to society.

LEGISLATIVE HISTORY: This is a new bill.

LOCAL FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the first of November
next succeeding the date on which it shall become a law.

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

                                  6462

                            I N  S E N A T E

                            January 27, 2014
                               ___________

Introduced  by  Sen.  GIPSON -- 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 consecutive sentences  for
  homicide offenses

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

  Section 1. Subdivision 2 of section 70.25 of the penal law, as amended
by chapter 56 of the laws of 1984, is amended to read as follows:
  2. When more than one sentence of imprisonment is imposed on a  person
for  two or more offenses committed through a single act or omission, or
through an act or omission  which  in  itself  constituted  one  of  the
offenses  and  also  was a material element of the other, the sentences,
except if one or more of such sentences is for a  violation  of  section
270.20  of  this chapter, must run concurrently.  PROVIDED HOWEVER, THAT
IF ONE OR MORE OF SUCH SENTENCES IS FOR A CONVICTION UNDER  ARTICLE  ONE
HUNDRED  TWENTY-FIVE OF THIS CHAPTER, THE SENTENCES MAY RUN CONSECUTIVE-
LY.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13564-02-4

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