NY State Senate Bill 2017-S8015

Archive: Last Bill Status - In Assembly 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 01, 2018	referred to codes delivered to assembly passed senate
Apr 23, 2018	advanced to third reading
Apr 18, 2018	2nd report cal.
Apr 17, 2018	1st report cal.831
Mar 19, 2018	referred to codes

Votes

- May 1, 2018 - Floor Vote
  S8015
  
  45
  
  Aye
  
  18
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 1, 2018
      
      aye (45)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Brooks
      
      Carlucci
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Golden
      
      Griffo
      
      Hannon
      
      Helming
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Marchione
      
      Mayer
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Savino
      
      Serino
      
      Seward
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      nay (18)
      
      Alcantara
      
      Bailey
      
      Benjamin
      
      Breslin
      
      Comrie
      
      Gianaris
      
      Hamilton
      
      Hoylman-Sigal
      
      Kavanagh
      
      Krueger
      
      Montgomery
      
      Parker
      
      Peralta
      
      Persaud
      
      Rivera
      
      Sanders Jr.
      
      Sepúlveda
      
      Serrano
  Apr 17, 2018 - Codes Committee Vote
  S8015
  
  10
  
  Aye
  
  6
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: Apr 17, 2018
      
      aye (10)
      
      Akshar
      
      Boyle
      
      Gallivan
      
      Golden
      
      Griffo
      
      Kaminsky
      
      Lanza
      
      Little
      
      O'Mara
      
      Tedisco
      
      nay (6)
      
      Bailey
      
      Hoylman-Sigal
      
      Krueger
      
      Peralta
      
      Savino
      
      Serrano

co-Sponsors

View additional co-sponsors

2017-S8015 (ACTIVE) - Details

Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Amd §§60.06 & 70.00, Pen L

2017-S8015 (ACTIVE) - Summary

Relates to the sentence imposed for convictions of murder in the first degree.

2017-S8015 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8015

SPONSOR: GOLDEN
 
TITLE OF BILL:  An act to amend the penal law, in relation to the
sentence imposed for convictions of murder in the first degree

 
PURPOSE OR GENERAL IDEA OF BILL:

To provide that when a person is convicted of first degree murder and
the intended victim was a police officer or another first responder,
that person shall be sentenced to life without parole.

 
SUMMARY OF PROVISIONS:

Section one of this bill amends Penal Law section 60.06 to provide that
when a defendant is convicted of murder in the first degree and the
intended victim was a police officer, peace officer, or other first
responder engaged in the course of performing his or her official duties
and the defendant knew or reasonably should have known that the intended
victim was a police officer, peace officer, or other first responder,
the defendant shall be sentenced to life without parole.

Sections two and three amend subdivision 5 of Penal Law section 70.00 to
provide that when a defendant is convicted of murder in the first degree
and the intended victim was a police officer, peace officer, or other
first responder engaged in the course of performing his or her official
duties and the defendant knew or reasonably should have known that the
intended victim was a police officer, peace officer, or other first
responder, the defendant shall be sentenced to life without parole.

Section four of this bill provides that this act shall take effect on
October 1, 2018; provided, however, that if section 40-a of part WWW of
chapter 59 of the laws of 2017 shall not have taken effect on or before
such date then section three of this act shall take effect on the same
date and in the same manner as such chapter of the laws of 2017, takes
effect

 
JUSTIFICATION:

Every day, our police officers, peace officers and first responders put
their lives on the line to protect us. We owe it to them to provide them
with the protection needed to deter those who intentionally seek to kill
them.

With this legislation, we are sending a strong statement to our first
responders and their families that we stand with them and that New York
appreciates them.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on October 1, 2018; provided, however, that
if section 40-a of part WWW of chapter 59 of the laws of 2017 shall not
have taken effect on or before such date then section three of this act
shall take effect on the same date and in the same manner as such chap-
ter of the laws of 2017, takes effect

2017-S8015 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8015
 
                             I N  S E N A T E
 
                              March 19, 2018
                                ___________
 
 Introduced  by  Sens.  GOLDEN, GALLIVAN, AKSHAR, CROCI, LANZA, MURPHY --
   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 the sentence imposed for
   convictions 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:
 § 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  SUBPARAGRAPH (III), (IV), (V), (VI), (VII), (VIII), (IX), (X), (XI),
 (XII) OR (XIII) OF PARAGRAPH (A) OF SUBDIVISION ONE OF 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 accordance  with  subdivi-
 sion  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  with-
 out parole, in accordance with subdivisions one through three of section
 70.00  of  this  title.   WHEN A DEFENDANT IS CONVICTED OF MURDER IN THE
 FIRST DEGREE AS DEFINED IN SUBPARAGRAPH (I), (II) OR (II-A) OF PARAGRAPH
 (A) OF SUBDIVISION ONE OF SECTION 125.27  OF  THIS  CHAPTER,  THE  COURT
 SHALL  SENTENCE  THE  DEFENDANT  TO  DEATH  OR LIFE IMPRISONMENT WITHOUT
 PAROLE. 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD15203-01-8

 S. 8015                             2
 
 of terrorism as defined in section 490.25 of this chapter, and the spec-
 ified offense the defendant committed is a 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 imprisonment 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 subdi-
 vision two of section 125.26 of this chapter, the court  shall  sentence
 the defendant to life imprisonment without parole or to a term of impri-
 sonment  for  a class A-I felony other than a sentence of life imprison-
 ment without parole, in accordance with subdivisions one  through  three
 of section 70.00 of this title.
   §  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 without
 parole  upon  conviction  for the crime of murder in the first degree as
 defined in SUBPARAGRAPH (III), (IV), (V),  (VI),  (VII),  (VIII),  (IX),
 (X),  (XI),  (XII)  OR  (XIII)  OF  PARAGRAPH  (A) OF SUBDIVISION ONE OF
 section 125.27 of this chapter and in  accordance  with  the  procedures
 provided  by  law  for  imposing a sentence for such crime.  A DEFENDANT
 SHALL BE SENTENCED TO LIFE IMPRISONMENT WITHOUT PAROLE  UPON  CONVICTION
 FOR  THE  CRIME OF MURDER IN THE FIRST DEGREE AS DEFINED IN SUBPARAGRAPH
 (I), (II) OR (II-A) OF PARAGRAPH  (A)  OF  SUBDIVISION  ONE  OF  SECTION
 125.27  OF THIS CHAPTER. A defendant must be sentenced to life imprison-
 ment 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 noth-
 ing  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 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.
   § 3. Subdivision 5 of section 70.00 of the penal law,  as  amended  by
 section  40-a  of part WWW of chapter 59 of the laws of 2017, is amended
 to read as follows:

 S. 8015                             3
 
   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 without
 parole upon conviction for the crime of murder in the  first  degree  as
 defined  in  SUBPARAGRAPH  (III),  (IV), (V), (VI), (VII), (VIII), (IX),
 (X), (XI), (XII) OR (XIII)  OF  PARAGRAPH  (A)  OF  SUBDIVISION  ONE  OF
 section  125.27  of  this  chapter and in accordance with the procedures
 provided by law for imposing a sentence for such  crime.    A  DEFENDANT
 SHALL  BE  SENTENCED TO LIFE IMPRISONMENT WITHOUT PAROLE UPON CONVICTION
 FOR THE CRIME OF MURDER IN THE FIRST DEGREE AS DEFINED  IN  SUBPARAGRAPH
 (I),  (II)  OR  (II-A)  OF  PARAGRAPH  (A) OF SUBDIVISION ONE OF SECTION
 125.27 OF THIS CHAPTER. A defendant who was eighteen  years  of  age  or
 older  at  the  time of the commission of the crime 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 speci-
 fied 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
 who was seventeen years of age or younger at the time of the  commission
 of the crime may be sentenced, in accordance with law, to the applicable
 indeterminate  sentence  with  a  maximum  term  of life imprisonment. 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 defendant 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.
   § 4. This act shall take effect October 1,  2018;  provided,  however,
 that if section 40-a of part WWW of chapter 59 of the laws of 2017 shall
 not  have taken effect on or before such date then section three of this
 act shall take effect on the same date and in the same  manner  as  such
 chapter of the laws of 2017, takes effect.

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Senate Bill S8015

Sponsored By

Archive: Last Bill Status - In Assembly Committee

May 1, 2018 - Floor Vote

Floor Vote: May 1, 2018

Apr 17, 2018 - Codes Committee Vote

Codes Committee Vote: Apr 17, 2018

co-Sponsors

2017-S8015 (ACTIVE) - Details

2017-S8015 (ACTIVE) - Summary

2017-S8015 (ACTIVE) - Sponsor Memo

2017-S8015 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8015

Share this bill

Sponsored By

Martin J. Golden

Archive: Last Bill Status - In Assembly Committee

co-Sponsors

Patrick M. Gallivan

Fred Akshar

Thomas D. Croci

Andrew J. Lanza

2017-S8015 (ACTIVE) - Details

2017-S8015 (ACTIVE) - Summary

2017-S8015 (ACTIVE) - Sponsor Memo

2017-S8015 (ACTIVE) - Bill Text download pdf

Comments