Senate Bill S109

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    109
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  Sens.  GALLIVAN, BORRELLO, OBERACKER, PALUMBO, RHOADS --
   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 arti-
 cle 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,  SUCH  DEFENDANT,  OR ANOTHER PARTICIPANT, IF THERE BE ANY, INTEN-
 TIONALLY CAUSES THE DEATH OF: A POLICE OFFICER AS DEFINED IN SUBDIVISION
 THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW; A PEACE OFFI-
 CER 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  INDI-
 VIDUAL  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 impeach-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD89007-01-5
 S. 109                              2
 
 ment, upon such conditions and with such restrictions  and  limitations,
 as  [he  or  she] SUCH DEFENDANT may think proper, subject to such regu-
 lations 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  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.