Senate Bill S8221

2019-2020 Legislative Session

Relates to parole eligibility for felony offenders; repealer

download bill text pdf

Sponsored By

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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2019-S8221 (ACTIVE) - Details

See Assembly Version of this Bill:
A8613
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd Pen L, generally; amd §136, Cor L; amd §§220.10, 220.30, 400.27, 440.20 & 470.30, CP L
Versions Introduced in Other Legislative Sessions:
2021-2022: S2779, A1613
2023-2024: S1922, A854

2019-S8221 (ACTIVE) - Summary

Requires that all felony offenders shall be eligible for parole after serving no more than twenty-five years of their sentence and eliminates the possibility of serving consecutive terms of imprisonment which exceed a twenty-five year sentence.

2019-S8221 (ACTIVE) - Sponsor Memo

2019-S8221 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8221
 
                             I N  S E N A T E
 
                              April 24, 2020
                                ___________
 
 Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN  ACT  to  amend  the  penal  law, the correction law and the criminal
   procedure law, in relation to parole eligibility for felony offenders;
   and to repeal subdivision 2-a of section 70.20 of the penal law relat-
   ing thereto

   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  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,] WITH ELIGI-
 BILITY FOR PAROLE AFTER TWENTY-FIVE YEARS or to a term  of  imprisonment
 for a class A-I felony other than a sentence of life imprisonment [with-
 out  parole]  WITH  ELIGIBILITY  FOR  PAROLE AFTER TWENTY-FIVE YEARS, 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] WITH ELIGIBILITY FOR PAROLE  AFTER  TWENTY-
 FIVE  YEARS.  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 class A-I felony offense, or when  a  defendant
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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