S T A T E O F N E W Y O R K
________________________________________________________________________
8199
I N S E N A T E
February 2, 2022
___________
Introduced by Sen. GALLIVAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Judiciary
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment to section 4 of article 4 of the constitution, in
relation to prohibiting persons convicted of murder or sentenced to
life without parole from being eligible for commutation of sentence
Section 1. Resolved, (if the Assembly concur), That section 4 of
article 4 of the constitution be amended to read as follows:
§ 4. The governor shall have the power to grant reprieves, commu-
tations and pardons after conviction, for all offenses except treason,
MURDER, CRIMES WHERE THE DEFENDANT IS SENTENCED TO LIFE IMPRISONMENT
WITHOUT PAROLE, OR WHERE THE DEFENDANT ACTING EITHER ALONE OR WITH ONE
OR MORE OTHER PERSONS, COMMITS OR ATTEMPTS TO COMMIT ROBBERY, BURGLARY,
KIDNAPPING, ARSON, RAPE IN THE FIRST DEGREE, CRIMINAL SEXUAL ACT IN THE
FIRST DEGREE, SEXUAL ABUSE IN THE FIRST DEGREE, AGGRAVATED SEXUAL ABUSE,
ESCAPE IN THE FIRST DEGREE, OR ESCAPE IN THE SECOND DEGREE, AND, IN THE
COURSE OF AND IN FURTHERANCE OF SUCH CRIME OR OF IMMEDIATE FLIGHT THERE-
FROM, HE OR SHE, OR ANOTHER PARTICIPANT, IF THERE BE ANY, INTENTIONALLY
CAUSES THE DEATH OF: A POLICE OFFICER AS DEFINED IN SUBDIVISION THIRTY-
FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW; A PEACE OFFICER AS
DEFINED IN PARAGRAPH A OF SUBDIVISION TWENTY-ONE, SUBDIVISION TWENTY-
THREE, TWENTY-FOUR OR SIXTY-TWO (EMPLOYEES OF THE DIVISION FOR YOUTH) OF
SECTION 2.10 OF THE CRIMINAL PROCEDURE LAW; A FIREFIGHTER, EMERGENCY
MEDICAL TECHNICIAN, AMBULANCE DRIVER, PARAMEDIC, PHYSICIAN OR REGISTERED
NURSE INVOLVED IN A FIRST RESPONSE TEAM, OR ANY OTHER INDIVIDUAL WHO, IN
THE COURSE OF OFFICIAL DUTIES, PERFORMS EMERGENCY RESPONSE; OR AN
EMPLOYEE OF A STATE CORRECTIONAL INSTITUTION OR WAS AN EMPLOYEE OF A
LOCAL CORRECTIONAL FACILITY AS DEFINED IN SUBDIVISION TWO OF SECTION
FORTY OF THE CORRECTION LAW, WHEN SUCH PERSON WAS ENGAGED IN THE COURSE
OF PERFORMING THEIR OFFICIAL DUTIES, and cases of impeachment, upon such
conditions and with such restrictions and limitations, as he or she may
think proper, subject to such regulations as may be provided by law
relative to the manner of applying for pardons. Upon conviction for
treason, the governor shall have power to suspend the execution of the
sentence, until the case shall be reported to the legislature at its
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD89163-02-1
S. 8199 2
next meeting, when the legislature shall either pardon, or commute the
sentence, direct the execution of the sentence, or grant a further
reprieve. The governor shall annually communicate to the legislature
each case of reprieve, commutation or pardon granted, stating the name
of the convict, the crime of which the convict was convicted, the
sentence and its date, and the date of the commutation, pardon or
reprieve.
§ 2. Resolved (if the Assembly concur), That the foregoing amendment
be referred to the first regular legislative session convening after the
next succeeding general election of members of the assembly, and, in
conformity with section 1 of article 19 of the constitution, be
published for three months previous to the time of such election.