S T A T E O F N E W Y O R K
________________________________________________________________________
S. 4354 A. 6483
2019-2020 Regular Sessions
S E N A T E - A S S E M B L Y
March 8, 2019
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IN SENATE -- Introduced by Sens. LAVALLE, FUNKE, HELMING, O'MARA,
RANZENHOFER, SEWARD, TEDISCO, YOUNG -- read twice and ordered printed,
and when printed to be committed to the Committee on Crime Victims,
Crime and Correction
IN ASSEMBLY -- Introduced by M. of A. THIELE, PALMESANO, MAGNARELLI,
STIRPE, FINCH, KOLB, WOERNER, RAIA, BRABENEC, RA, GIGLIO, GARBARINO,
CROUCH, LALOR, LAWRENCE, PALUMBO, HAWLEY, FITZPATRICK, BLANKENBUSH,
STEC, GOODELL, DiPIETRO, RYAN, DILAN, COLTON, JONES -- Multi-Sponsored
by -- M. of A. BARCLAY, BYRNE, FRIEND, JOHNS, MALLIOTAKIS, McDONOUGH,
B. MILLER, M. L. MILLER, MONTESANO, MORINELLO, NORRIS, SCHIMMINGER,
WALSH -- read once and referred to the Committee on Correction
AN ACT to amend the executive law, in relation to the time in which
reconsideration for parole shall be determined in the case of
convictions for murder in the first degree, aggravated murder, and
murder in the second degree, where a sentence other than death or life
imprisonment without parole is imposed
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as "Lorraine's
Law".
§ 2. Legislative findings and intent. This legislation is named in the
memory of Lorraine Miranda who was a native of Shirley, Long Island.
Despite being afflicted with Cerebral Palsy, she graduated from high
school, moved to Staten Island, New York and worked tirelessly to help
disabled children at the Port Richmond branch of United Cerebral Palsy
of New York while attending college at night. She was engaged and was
planning her wedding. In a tragic turn, Lorraine Miranda was brutally
murdered by her fiancee on December 5, 1988. She was only 24 years old.
Her killer was sentenced to 15 years to life in prison. He became eligi-
ble for parole in 2003 and has since been denied seven times.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03177-01-9
S. 4354 2 A. 6483
Currently when parole is denied, the Parole Board has the discretion
to set the date for reconsideration for parole for any date within two
years of the denial of parole. In many cases, especially those involving
heinous acts of murder in the first degree, aggravated murder, and
murder in the second degree, parole will be denied numerous times.
However, each time an inmate is considered for parole, the victim's
family must relive the horror of the crime for the sake of impressing
upon the Parole Board the inappropriateness of early release. Lorraine
Miranda's mother, who has been diagnosed with post-traumatic stress
syndrome, has stated that the agony of reliving her daughter's death
every 24 months is unbearable and is a major trigger of panic symptoms
which interfere with her quality of life.
It is not the intent of "Lorraine's Law" to in any way infringe upon
the Parole Board's ability to allow for the current 24-month reconsider-
ation period. It merely provides another option for the board to consid-
er if it is apparent that nothing could transpire in the next five years
that would cause them to render a different opinion regarding parole
release. Only in these cases would the board have the ability to set the
date for reconsideration anywhere between 24-months and 60-months which
would afford grieving families a greater period of peace before having
to testify at the next parole hearing.
§ 3. Subparagraph (i) of paragraph (a) of subdivision 2 of section
259-i of the executive law, as amended by section 38-f-1 of subpart A of
part C of chapter 62 of the laws of 2011, is amended to read as follows:
(i) Except as provided in subparagraph (ii) of this paragraph, at
least one month prior to the date on which an inmate may be paroled
pursuant to subdivision one of section 70.40 of the penal law, a member
or members as determined by the rules of the board shall personally
interview such inmate and determine whether he OR SHE should be paroled
in accordance with the guidelines adopted pursuant to subdivision four
of section two hundred fifty-nine-c of this article. If parole is not
granted upon such review, the inmate shall be informed in writing within
two weeks of such appearance of the factors and reasons for such denial
of parole. Such reasons shall be given in detail and not in conclusory
terms. The board shall specify a date not more than twenty-four months
from such determination for reconsideration, and the procedures to be
followed upon reconsideration shall be the same, HOWEVER IN THE CASE OF
A DEFENDANT SENTENCED FOR AN ELIGIBLE CLASS A FELONY, THE BOARD SHALL
SPECIFY A DATE NOT MORE THAN SIXTY MONTHS FROM SUCH DETERMINATION FOR
RECONSIDERATION AND THE PROCEDURES TO BE FOLLOWED FOR RECONSIDERATION
SHALL BE THE SAME. FOR THE PURPOSES OF THIS SECTION AN "ELIGIBLE CLASS A
FELONY" SHALL MEAN A CONVICTION FOR THE CLASS A-I FELONIES OF: MURDER IN
THE FIRST DEGREE AS DEFINED IN SECTION 125.27 OF THE PENAL LAW WHERE A
SENTENCE OTHER THAN DEATH OR LIFE IMPRISONMENT WITHOUT PAROLE IS
IMPOSED; AGGRAVATED MURDER AS DEFINED IN SECTION 125.26 OF THE PENAL LAW
WHERE A SENTENCE OTHER THAN DEATH OR LIFE IMPRISONMENT WITHOUT PAROLE IS
IMPOSED; AND MURDER IN THE SECOND DEGREE AS DEFINED IN SECTION 125.25 OF
THE PENAL LAW WHERE A SENTENCE OTHER THAN LIFE IMPRISONMENT WITHOUT
PAROLE IS IMPOSED. If the inmate is released, he OR SHE shall be given
a copy of the conditions of parole. Such conditions shall where appro-
priate, include a requirement that the parolee comply with any restitu-
tion order, mandatory surcharge, sex offender registration fee and DNA
databank fee previously imposed by a court of competent jurisdiction
that applies to the parolee. The conditions shall indicate which resti-
tution collection agency established under subdivision eight of section
420.10 of the criminal procedure law, shall be responsible for
S. 4354 3 A. 6483
collection of restitution, mandatory surcharge, sex offender registra-
tion fees and DNA databank fees as provided for in section 60.35 of the
penal law and section eighteen hundred nine of the vehicle and traffic
law.
§ 4. Paragraph (a) of subdivision 2 of section 259-i of the executive
law, as amended by section 38-f-2 of subpart A of part C of chapter 62
of the laws of 2011, is amended to read as follows:
(a) At least one month prior to the expiration of the minimum period
or periods of imprisonment fixed by the court or board, a member or
members as determined by the rules of the board shall personally inter-
view an inmate serving an indeterminate sentence and determine whether
he OR SHE should be paroled at the expiration of the minimum period or
periods in accordance with the procedures adopted pursuant to subdivi-
sion four of section two hundred fifty-nine-c OF THIS ARTICLE. If parole
is not granted upon such review, the inmate shall be informed in writing
within two weeks of such appearance of the factors and reasons for such
denial of parole. Such reasons shall be given in detail and not in
conclusory terms. The board shall specify a date not more than twenty-
four months from such determination for reconsideration, and the proce-
dures to be followed upon reconsideration shall be the same, HOWEVER IN
THE CASE OF A DEFENDANT SENTENCED FOR AN ELIGIBLE CLASS A FELONY, THE
BOARD SHALL SPECIFY A DATE NOT MORE THAN SIXTY MONTHS FROM SUCH DETERMI-
NATION FOR RECONSIDERATION, AND THE PROCEDURES TO BE FOLLOWED FOR RECON-
SIDERATION SHALL BE THE SAME. FOR THE PURPOSES OF THIS SECTION AN
"ELIGIBLE CLASS A FELONY" SHALL MEAN A CONVICTION FOR THE CLASS A-I
FELONIES OF: MURDER IN THE FIRST DEGREE AS DEFINED IN SECTION 125.27 OF
THE PENAL LAW WHERE A SENTENCE OTHER THAN DEATH OR LIFE IMPRISONMENT
WITHOUT PAROLE IS IMPOSED; AGGRAVATED MURDER AS DEFINED IN SECTION
125.26 OF THE PENAL LAW WHERE A SENTENCE OTHER THAN DEATH OR LIFE IMPRI-
SONMENT WITHOUT PAROLE IS IMPOSED; AND MURDER IN THE SECOND DEGREE AS
DEFINED IN SECTION 125.25 OF THE PENAL LAW WHERE A SENTENCE OTHER THAN
LIFE IMPRISONMENT WITHOUT PAROLE IS IMPOSED. If the inmate is released,
he OR SHE shall be given a copy of the conditions of parole. Such condi-
tions shall where appropriate, include a requirement that the parolee
comply with any restitution order and mandatory surcharge previously
imposed by a court of competent jurisdiction that applies to the paro-
lee. The conditions shall indicate which restitution collection agency
established under subdivision eight of section 420.10 of the criminal
procedure law, shall be responsible for collection of restitution and
mandatory surcharge as provided for in section 60.35 of the penal law
and section eighteen hundred nine of the vehicle and traffic law.
§ 5. This act shall take effect immediately and shall apply to all
future and currently incarcerated individuals sentenced for an eligible
class A felony; provided that the amendments to subparagraph (i) of
paragraph (a) of subdivision 2 of section 259-i of the executive law
made by section three of this act shall be subject to the expiration and
reversion of such paragraph pursuant to subdivision d of section 74 of
chapter 3 of the laws of 1995, as amended, when upon such date the
provisions of section four of this act shall take effect.