NY State Senate Bill 2025-S8464A

Current 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 21, 2026	print number 8464a
Jan 21, 2026	amend (t) and recommit to codes
Jan 07, 2026	referred to codes
Jul 21, 2025	referred to rules

Bill Amendments

Original

A (Active)

2025-S8464 - Details

See Assembly Version of this Bill:: A8929
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Rpld §125.25 sub 3, Pen L; add §440.48, CP L
Versions Introduced in 2023-2024 Legislative Session:: S6865, A2899

2025-S8464 - Summary

Repeals the crime of felony murder; permits vacating conviction and resentencing of defendants convicted of felony murder; requires reporting of certain crime statistics and information.

2025-S8464 - Sponsor Memo

                                 
BILL NUMBER: S8464

SPONSOR: SALAZAR
 
TITLE OF BILL:

An act to amend the penal law and the criminal procedure law, in
relation to convictions under felony murder provisions; and to repeal
certain provisions of the penal law relating thereto

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to narrow the scope of felony murder liabil-
ity by including the intent / mental state of the accused as a factor in
charges related to felony murder consistent with homicide doctrine more
generally and drawing a distinction between those directly committing or
directly involved in a homicidal act and those indirectly involved. It
does not change the underlying felonies that may trigger felony murder
charges.

 
SUMMARY OF PROVISIONS:

Section 1 sets forth legislative findings and intent.

Section 2 repeals the current subdivision pertaining to felony murder
(subdivision 3 of section 125.25 of NYS penal law) and replaces it with
a new subdivision which stipulates felony murder charges may apply to
individuals who directly committed a homicidal act with intent to kill
or are directly involved in the homicidal act with intent to kill. It
clarifies that accused individuals cannot be charged with felony murder
for deaths caused by third parties.

Section 3 allows victims of domestic violence to use coercion as an
affirmative defense in felony murder cases.

Section 4 sets forth a process for individuals previously convicted of
felony murder to move to vacate the judgement and/or for resentencing in
certain felony murder cases based on the changes to the felony murder
law in this legislation.

Section 5 classifies felony murder as a Class B violent felony.

Section 6 establishes both retrospective and prospective reporting
requirements for the State with regards to felony murder charges,
convictions, and sentences.

Section 7 establishes the legislation will be effective immediately.

 
JUSTIFICATION:

The current provisions of New York's penal law pertaining to felony
murder eliminate the distinction between intentional and unintentional
homicide and are therefore not consistent with the principle of propor-
tionality in charging and sentencing. The current provision is out-of-
date and leads to unfair outcomes. The existing felony murder provision
allows a defendant to be charged and sentenced for murder in circum-
stances where they were committing or attempting to commit another felo-
ny but did not actually commit a homicidal act. Under current state law,
an accomplice to a crime such as a robbery, for example someone driving
a get-away car, may be charged with murder as if they had actually shot
someone in the course of the underlying crime, even in circumstances
where they were unarmed and physically removed from the site of the
murder. This must be changed.

Evidence from other states indicates that as many as one in five indi-
viduals serving prison sentences for murder have been convicted based on
felony murder doctrine. Studies have also found that prosecutors use the
threat of felony murder charges to obtain pleas deals for lengthy
sentences, demonstrating felony murder doctrine's role in extreme
sentencing and mass incarceration.

The felony murder doctrine originated in England but was banned there in
1957 and subsequently in other Commonwealth countries including Canada,
which banned it in 1990. The United States is an outlier globally in its
application of felony murder doctrine, although some states, notably
California and Colorado have introduced significant reforms with Cali-
fornia reintroducing the intention to kill as a requirement for the
application of felony murder charges. New York, however, remains one of
just thirteen states including Texas and Florida, where felony murder is
used by prosecutors to pursue murder charges when the individual commit-
ting a homicidal act is a third party such as a victim holding their
ground, a law enforcement officer, or a bystander.

Evidence from across the country reveals that felony murder laws have
disproportionately negative consequences for non-white people, young
people, and victims of domestic violence. For example, in Pennsylvania
eighty percent of those imprisoned with a felony murder conviction were
people of color, while in California sixty-eight percent of those serv-
ing time for felony murder are Black or Latinx.  Since 2002, eighty-six
percent of all defendants convicted of felony murder in New York State
have been Black or Latinx. According to the California Coalition for
Women Prisoners, the majority of their members convicted of felony
murder were victims of domestic violence.

 
PRIOR LEGISLATIVE HISTORY:

2023-24:  S 6865 (Salazar) - Referred to Codes. A 2899 (Carroll) -
Referred to Codes.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S8464 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8464
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               July 21, 2025
                                ___________
 
 Introduced  by  Sen. SALAZAR -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the  penal  law  and  the  criminal  procedure  law,  in
   relation  to convictions under felony murder provisions; and to repeal
   certain provisions of the penal law relating thereto

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative  findings  and intent. The Legislature hereby
 finds and declares the following:
   a. The current provisions of New York's penal law pertaining to felony
 murder eliminate the distinction between intentional  and  unintentional
 homicide  and are therefore not consistent with the principle of propor-
 tionality in charging and sentencing. Felony murder  doctrine  allows  a
 defendant  to be charged and sentenced for murder in circumstances where
 they were committing or attempting to commit a felony but did not  actu-
 ally commit a homicidal act. Under current state law, an accomplice to a
 crime,  for  example  someone driving a getaway car, may be charged with
 murder as if they had actually shot someone in the  course  of  a  crime
 such as robbery even in a circumstance where they were unarmed and phys-
 ically  removed  from the site of the murder. Evidence from other states
 indicates that as  many  as  one  in  five  individuals  serving  prison
 sentences  for  murder  have  been  convicted based on the felony murder
 doctrine.  Studies have also found that prosecutors use  the  threat  of
 felony murder charges to obtain plea deals for lengthy sentences, demon-
 strating  felony  murder  doctrine's role in extreme sentencing and mass
 incarceration.
   b. Felony murder doctrine originated in England but was  banned  there
 in 1957 and subsequently in other Commonwealth countries including Cana-
 da, which banned it in 1990. The United States is an outlier globally in
 its application of felony murder doctrine, although some states, notably
 California  and Colorado, have in the last five years introduced signif-

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00306-01-5

 S. 8464                             2
 
 icant reforms with California reintroducing the intention to kill  as  a
 requirement  for  the  application  of  felony murder charges. New York,
 however, remains one of just thirteen states including Texas and  Flori-
 da, where the felony murder doctrine is applied by prosecutors to pursue
 murder charges when the individual committing a homicidal act is a third
 party  such as a victim holding their ground, a law enforcement officer,
 or a bystander.   The case of Jagger Freeman  illustrates  how  this  is
 applied.  In  2019,  Freeman, then a 25 year old Queens resident, was an
 accomplice in an attempted robbery  of  a  mobile  phone  store.  Police
 opened  fire in the store on Freeman's associate, who was holding a fake
 gun, killing  one  police  officer  and  wounding  another.  During  the
 episode,  Freeman  had  stood  across the street unarmed, however he was
 sentenced to thirty years to life for the murder of the police officer.
   c. Evidence from across the country reveals that  felony  murder  laws
 have  disproportionately  negative  consequences  for  non-white people,
 young people, and victims of domestic violence. For example, in Pennsyl-
 vania eighty percent of those imprisoned with a felony murder conviction
 were people of color, while in California sixty-eight percent  of  those
 serving  time for felony murder are black or Latinx.  Since 2002, eight-
 y-six percent of all defendants convicted of felony murder in  New  York
 state  have  been black or Latinx. According to the California Coalition
 for Women Prisoners, the majority of their members convicted  of  felony
 murder were victims of domestic violence.
   §  2. Subdivision 3 of section 125.25 of the penal law is REPEALED and
 a new subdivision 3 is added to read as follows:
   3. ACTING EITHER ALONE OR WITH ONE OR MORE OTHER PERSONS, SUCH  PERSON
 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 THEREFROM, SUCH PERSON,
 OR ANOTHER PARTICIPANT IN THE UNDERLYING FELONY PERSONALLY AND  DIRECTLY
 CAUSES THE DEATH OF A PERSON OTHER THAN ONE OF THE PARTICIPANTS, AND THE
 DEFENDANT  HAS  ONE  OF THE FOLLOWING MENTAL STATES DEPENDENT UPON THEIR
 ROLE IN THE COMMISSION OF THE KILLING: (A) THE DEFENDANT PERSONALLY  AND
 DIRECTLY CAUSED THE DEATH RECKLESSLY; OR (B) THE DEFENDANT WAS AN ACCOM-
 PLICE,  DEFINED  AS ONE WHO SOLICITED, REQUESTED, COMMANDED, IMPORTUNED,
 CAUSED, OR AIDED AND ABETTED THE ACTUAL KILLER IN THE COMMISSION OF  THE
 UNDERLYING FELONY, AND ACTED WITH INTENT TO CAUSE DEATH. LIABILITY UNDER
 THIS  SUBDIVISION SHALL ONLY APPLY TO DEATH CAUSED BY AGENTS AND CO-FEL-
 ONS OF THE DEFENDANT. A DEFENDANT IS NOT RESPONSIBLE FOR A DEATH  CAUSED
 BY A THIRD PARTY WHO WAS NOT A PARTICIPANT IN THE UNDERLYING FELONY; OR
   §  3. Subdivision 2 of section 40.00 of the penal law, such section as
 renumbered by chapter 73 of the laws of 1968,  is  amended  to  read  as
 follows:
   2. The defense of duress as defined in subdivision one of this section
 is  not  available  when  a  person  intentionally  or recklessly places
 [himself] THEMSELF in a situation in which it is probable that [he] THEY
 will be subjected to duress; PROVIDED, HOWEVER,  THAT  THIS  SUBDIVISION
 SHALL  NOT  APPLY  TO  PROSECUTIONS  BROUGHT  UNDER SUBDIVISION THREE OF
 SECTION 125.25 OF THIS CHAPTER WHEN THE  DEFENDANT  HAS  BEEN  OR  IS  A
 VICTIM  OF DOMESTIC VIOLENCE COMMITTED BY ONE OF THE PARTICIPANTS IN THE
 UNDERLYING FELONY.
   § 4. The criminal procedure law is amended by  adding  a  new  section
 440.48 to read as follows:
 S. 8464                             3
 
 § 440.48 MOTION  TO  VACATE JUDGMENT AND/OR RESENTENCE IN CERTAIN FELONY
            MURDER CONVICTIONS.
   1.  A  PERSON  CONVICTED  UNDER THE PROVISIONS OF SUBDIVISION THREE OF
 SECTION 125.25 OF THE PENAL LAW MAY FILE A PETITION WITH THE COURT  THAT
 SENTENCED  THE  PETITIONER  TO  HAVE  THE PETITIONER'S MURDER CONVICTION
 VACATED AND TO BE RESENTENCED ON ANY REMAINING COUNTS WHEN  ALL  OF  THE
 FOLLOWING CONDITIONS APPLY:
   (A)  A  COMPLAINT,  INFORMATION,  OR  INDICTMENT WAS FILED AGAINST THE
 PETITIONER THAT ALLOWED THE PROSECUTION TO PROCEED  UNDER  A  THEORY  OF
 FELONY MURDER;
   (B)  THE  PETITIONER  WAS  CONVICTED  OF  MURDER  IN THE SECOND DEGREE
 FOLLOWING A TRIAL OR ACCEPTED A PLEA OFFER IN LIEU OF A TRIAL  AT  WHICH
 THE  PETITIONER  COULD  HAVE  BEEN  CONVICTED  OF FIRST DEGREE OR SECOND
 DEGREE MURDER; AND
   (C) THE PETITIONER COULD NOT BE CONVICTED  OF  MURDER  IN  THE  SECOND
 DEGREE  AS  DEFINED  IN SUBDIVISION THREE OF SECTION 125.25 OF THE PENAL
 LAW, OR WOULD HAVE BEEN SENTENCED DIFFERENTLY, BASED ON THE LANGUAGE  OF
 SUCH  SUBDIVISION AS OF THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF
 TWO THOUSAND TWENTY-FIVE WHICH ADDED THIS SECTION.
   2. THE COURT SHALL REVIEW THE PETITION AND DETERMINE IF THE PETITIONER
 HAS MADE A PRIMA FACIE SHOWING THAT  THE  PETITIONER  FALLS  WITHIN  THE
 PROVISIONS OF THIS SECTION. IF THE PETITIONER HAS REQUESTED COUNSEL, THE
 COURT  SHALL APPOINT COUNSEL TO REPRESENT THE PETITIONER. THE PROSECUTOR
 SHALL FILE AND SERVE A RESPONSE WITHIN SIXTY  DAYS  OF  SERVICE  OF  THE
 PETITION  AND  THE  PETITIONER  MAY FILE AND SERVE A REPLY WITHIN THIRTY
 DAYS AFTER THE PROSECUTOR RESPONSE IS SERVED. THESE DEADLINES  SHALL  BE
 EXTENDED  FOR  GOOD CAUSE. IF THE PETITIONER MAKES A PRIMA FACIE SHOWING
 THAT THEY ARE ENTITLED TO RELIEF, THE COURT SHALL ISSUE AN ORDER TO SHOW
 CAUSE.
   3. WITHIN SIXTY DAYS AFTER THE ORDER TO SHOW  CAUSE  WAS  ISSUED,  THE
 COURT  SHALL  HOLD  A  HEARING TO DETERMINE WHETHER TO VACATE THE MURDER
 CONVICTION AND TO RECALL THE SENTENCE AND RESENTENCE THE  PETITIONER  ON
 ANY  REMAINING  COUNTS  IN  THE SAME MANNER AS IF THE PETITIONER HAD NOT
 BEEN PREVIOUSLY SENTENCED; PROVIDED THAT THE NEW SENTENCE,  IF  ANY,  IS
 NOT GREATER THAN THE INITIAL SENTENCE. THIS DEADLINE MAY BE EXTENDED FOR
 GOOD CAUSE.
   4.  AT  THE HEARING TO DETERMINE WHETHER THE PETITIONER IS ENTITLED TO
 RELIEF, THE BURDEN OF PROOF SHALL BE ON THE PROSECUTION TO PROVE, BEYOND
 A REASONABLE DOUBT, THAT THE PETITIONER IS INELIGIBLE FOR  RESENTENCING.
 IF  THE  PROSECUTION  FAILS  TO  SUSTAIN  ITS BURDEN OF PROOF, THE PRIOR
 CONVICTION,  AND  ANY  ALLEGATIONS  AND  ENHANCEMENTS  ATTACHED  TO  THE
 CONVICTION,  SHALL BE VACATED AND THE PETITIONER SHALL BE RESENTENCED ON
 THE REMAINING CHARGES. THE PROSECUTOR AND THE PETITIONER MAY RELY ON THE
 RECORD OF CONVICTION OR OFFER NEW OR ADDITIONAL EVIDENCE TO  MEET  THEIR
 RESPECTIVE BURDENS.
   5.  IF  THE PETITIONER IS ENTITLED TO RELIEF PURSUANT TO THIS SECTION,
 MURDER WAS CHARGED GENERICALLY, AND THE TARGET OFFENSE WAS NOT  CHARGED,
 THE  PETITIONER'S CONVICTION SHALL BE REDESIGNATED AS THE TARGET OFFENSE
 OR UNDERLYING FELONY FOR RESENTENCING PURPOSES. ANY  APPLICABLE  STATUTE
 OF  LIMITATIONS  SHALL  NOT BE A BAR TO THE COURT'S REDESIGNATION OF THE
 OFFENSE FOR THIS PURPOSE.
   6. A PERSON WHO IS RESENTENCED PURSUANT TO THIS SECTION SHALL BE GIVEN
 CREDIT FOR TIME SERVED. THE JUDGE MAY ORDER THE PETITIONER TO BE SUBJECT
 TO PAROLE SUPERVISION FOR UP TO THREE YEARS FOLLOWING THE COMPLETION  OF
 THE SENTENCE.
 S. 8464                             4
 
   § 5. Paragraph (a) of subdivision 1 of section 70.02 of the penal law,
 as  amended  by  chapter  23  of the laws of 2024, is amended to read as
 follows:
   (a)  Class  B  violent felony offenses: an attempt to commit the class
 A-I felonies of murder in  the  second  degree  as  defined  in  section
 125.25, kidnapping in the first degree as defined in section 135.25, and
 arson  in the first degree as defined in section 150.20; manslaughter in
 the first degree as defined in section 125.20,  aggravated  manslaughter
 in  the  first degree as defined in section 125.22, MURDER IN THE SECOND
 DEGREE AS DEFINED IN SUBDIVISION THREE OF SECTION 125.25,  rape  in  the
 first  degree  as defined in section 130.35, a crime formerly defined in
 section 130.50, aggravated sexual abuse in the first degree  as  defined
 in section 130.70, course of sexual conduct against a child in the first
 degree  as  defined  in  section  130.75, assault in the first degree as
 defined in section 120.10, kidnapping in the second degree as defined in
 section 135.20, burglary in the  first  degree  as  defined  in  section
 140.30, arson in the second degree as defined in section 150.15, robbery
 in  the  first  degree  as defined in section 160.15, sex trafficking as
 defined in paragraphs (a) and (b) of subdivision five of section 230.34,
 sex trafficking of a child as defined in section 230.34-a, incest in the
 first degree as defined in section  255.27,  criminal  possession  of  a
 weapon in the first degree as defined in section 265.04, criminal use of
 a  firearm  in  the  first degree as defined in section 265.09, criminal
 sale of a firearm in the first degree  as  defined  in  section  265.13,
 aggravated  assault  upon a police officer or a peace officer as defined
 in section 120.11, gang assault  in  the  first  degree  as  defined  in
 section  120.07, intimidating a victim or witness in the first degree as
 defined in section 215.17, hindering prosecution  of  terrorism  in  the
 first  degree  as  defined  in  section 490.35, criminal possession of a
 chemical weapon or biological weapon in the second degree as defined  in
 section  490.40,  and  criminal  use  of a chemical weapon or biological
 weapon in the third degree as defined in section 490.47.
   § 6. The department of corrections and community supervision, in coor-
 dination with district attorneys and any other relevant law  enforcement
 agencies  or  bodies,  shall issue an annual report to the chairs of the
 Senate and Assembly judiciary committees which shall include,  but  need
 not be limited to, the following information:
   (i)  The  number of incarcerated persons convicted under subdivision 3
 of section 125.25 of the penal law in New York State by  year  over  the
 past ten years;
   (ii) The age, race, and gender breakdowns of such convictions over the
 past ten years;
   (iii) Whether felony murder (murder in the second degree) was the most
 serious  charge against the defendant or a lower charge they accepted in
 a plea deal (also stratified by age/race/gender);
   (iv) Sentencing data: average sentence, number of people serving  life
 without parole;
   (v) Whether each person charged  under subdivision 3 of section 125.25
 of  the  penal  law   was an accomplice to, major participant in, or the
 perpetrator of the killing act over the past ten years;
   (vi) Who the decedent in the felony murder was  (victim,  perpetrator,
 law enforcement, bystander); and
   (vii)  Whether  the  killing was carried out by a perpetrator, victim,
 law enforcement, or bystander.
   § 7. This act shall take effect immediately.

2025-S8464A (ACTIVE) - Details

See Assembly Version of this Bill:: A8929
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Rpld §125.25 sub 3, Pen L; add §440.48, CP L
Versions Introduced in 2023-2024 Legislative Session:: S6865, A2899

2025-S8464A (ACTIVE) - Summary

Repeals the crime of felony murder; permits vacating conviction and resentencing of defendants convicted of felony murder; requires reporting of certain crime statistics and information.

2025-S8464A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8464A

SPONSOR: SALAZAR
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to convictions
under felony murder provisions; and to repeal certain provisions of the
penal law relating thereto

 
PURPOSE OR GENERAL IDEA OF BILL:

By repealing felony murder liability and providing for vacatur and
resentencing eligibility for those who have previously been convicted
and/or charged with felony murder, this bill will reform New York's
Penal Law to align with international norms regarding proportional
sentencing and reforms being undertaken in other jurisdictions in the
United States.

 
SUMMARY OF PROVISIONS:

Section 1 sets forth legislative findings and intent.

Section 2 repeals the current subdivision pertaining to felony murder
(subdivision 3 of section 125.25 of NYS penal law.)

Section 3 sets forth procedures for the vacating of sentences and resen-
tencing of those previously convicted or charged with felony murder.

Sections 4 and 6 establish reporting requirements regarding convictions
under federal murder liability, and vacatur and resentencing under this
legislation.

Section 5 establishes the responsibilities of the office of court admin-
istration regarding notification of individuals serving sentences under
felony murder liability and their potential eligibility for vacatur and
resentencing.

Section 7 establishes the effective date.

 
JUSTIFICATION:

New York's penal law pertaining to felony murder eliminates the
distinction between intentional and unintentional homicide and is not
consistent with the principle of proportionality in charging and
sentencing. Felony murder doctrine allows a defendant to be charged and
sentenced for murder in circumstances where they were committing or
attempting to commit a felony but did not actually commit a homicidal
act, intend that a homicidal act be committed, or even know that another
person had committed such an act. Under current state law, an accomplice
to a crime, for example someone driving a getaway car, may be charged
with murder as if they had actually shot someone in the course of a
crime such as robbery even in a circumstance where they were unarmed and
physically removed from the site of the murder. Evidence from other
states indicates that as many as one in five individuals serving prison
sentences for murder have been convicted based on felony murder
doctrine. Studies have also found that prosecutors use the threat of
felony murder charges to obtain pleas deals for lengthy sentences,
demonstrating felony murder doctrine's role in extreme sentencing and
mass incarceration.
Felony murder doctrine originated in England but was banned there in
1957 and subsequently in other Commonwealth countries including Canada,
which banned it in 1990. The United States is an outlier globally in its
application of felony murder doctrine, although some states, notably
California, Minnesota, and Colorado, have in the last five years intro-
duced significant reforms with California and Minnesota reintroducing
the intention to kill as a requirement for the application of felony
murder charges. New York has not undertaken such reforms and remains one
of just thirteen states including Texas and Florida where felony murder
doctrine is used by prosecutors to pursue murder charges when the indi-
vidual committing a homicidal act is a third party such as a victim
holding their ground, a law enforcement officer, or a bystander.

Evidence from across the country reveals that felony murder laws have
disproportionately negative consequences for non-white people, young
people, and victims of domestic violence: in Pennsylvania eighty percent
of those imprisoned with a felony murder conviction were people of
color; in California sixty-eight percent of those serving time for felo-
ny murder are black or Latinx; according to the California Coalition for
Women Prisoners, the majority of their members convicted of felony
murder were victims of domestic violence; and a recent study by profes-
sors from the University of Buffalo found that Black people were almost
twenty times and Latinx people almost six times as likely as white
people to be arrested for and charged with felony murder.

Repealing felony murder liability and providing for vacatur and resen-
tencing eligibility for those who have previously been convicted and/or
charged with felony murder is the most effective way to reform New
York's Penal Law to align with international norms regarding propor-
tional sentencing and reforms being undertaken in other jurisdictions in
the United States.

 
AMENDED BILL:

The "A" print of this bill would repeal the existing felony murder
provision of the penal law and also establishes a detailed vacatur and
resentencing process.

 
PRIOR LEGISLATIVE HISTORY:

SENATE: 2023-24 56865 (Salazar) - referred to Codes

ASSEMBLY: 2023-24 A2899 (Carroll) - referred to Codes

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined

 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, section three
of this act shall take effect on the sixtieth day after it shall have
become a law.

2025-S8464A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8464--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               July 21, 2025
                                ___________
 
 Introduced  by  Sen. SALAZAR -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules  --  recommitted  to
   the  Committee  on  Codes  in accordance with Senate Rule 6, sec. 8 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee

 AN  ACT  to amend the criminal procedure law, in relation to convictions
   under felony murder provisions; and to repeal  certain  provisions  of
   the penal law relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings and  intent.  The  legislature  hereby
 finds and declares the following:
   a. The current provisions of New York's penal law pertaining to felony
 murder  eliminate  the distinction between intentional and unintentional
 homicide and are therefore not consistent with the principle of  propor-
 tionality  in  charging  and sentencing. Felony murder doctrine allows a
 defendant to be charged and sentenced for murder in circumstances  where
 they  were committing or attempting to commit a felony but did not actu-
 ally commit a homicidal act, intend that a homicidal act  be  committed,
 or  even  know  that  another  person had committed such an act.   Under
 current state law, an accomplice to a crime, for example someone driving
 a getaway car, may be charged with murder as if they had  actually  shot
 someone  in the course of a crime such as robbery even in a circumstance
 where they were unarmed and physically removed  from  the  site  of  the
 murder. Evidence from other states indicates that as many as one in five
 individuals  serving  prison  sentences  for  murder have been convicted
 based on the felony murder doctrine.    Studies  have  also  found  that
 prosecutors use the threat of felony murder charges to obtain plea deals
 for  lengthy  sentences,  demonstrating felony murder doctrine's role in
 extreme sentencing and mass incarceration.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00306-05-6
 S. 8464--A                          2

 
   b. Felony murder doctrine originated in England but was  banned  there
 in 1957 and subsequently in other Commonwealth countries including Cana-
 da, which banned it in 1990. The United States is an outlier globally in
 its application of felony murder doctrine, although some states, have in
 the  last  five years introduced significant reforms with California and
 Minnesota reintroducing the intention to kill as a requirement  for  the
 application  of felony murder charges. New York, however, remains one of
 just thirteen states including  Texas  and  Florida,  where  the  felony
 murder  doctrine is applied by prosecutors to pursue murder charges when
 the individual committing a homicidal act is a third  party  such  as  a
 victim holding their ground, a law enforcement officer, or a bystander.
   c.  Evidence  from across the country, reveals that felony murder laws
 have disproportionately  negative  consequences  for  non-white  people,
 young  people,  and victims of domestic violence: in Pennsylvania eighty
 percent of those imprisoned with a felony murder conviction were  people
 of  color;  in  California sixty-eight percent of those serving time for
 felony murder are black or Latinx; according to the California Coalition
 for Women Prisoners, the majority of their members convicted  of  felony
 murder  were victims of domestic violence; and a recent study by profes-
 sors from the University of Buffalo found that Black people were  almost
 twenty  times  and  Latinx  people  almost  six times as likely as white
 people to be arrested for and charged with felony murder.
   d. Repealing felony murder liability and  providing  for  vacatur  and
 resentencing  eligibility  for  those who have previously been convicted
 and/or charged with felony murder is the most effective  way  to  reform
 New York's Penal Law to align with international norms regarding propor-
 tional sentencing and reforms being undertaken in other jurisdictions in
 the United States.
   § 2. Subdivision 3 of section 125.25 of the penal law is REPEALED.
   §  3.  The  criminal  procedure law is amended by adding a new section
 440.48 to read as follows.
 § 440.48 MOTION  TO  VACATE  JUDGMENT  AND  RESENTENCE;  FELONY   MURDER
            CONVICTIONS.
   1.  VACATUR.  ELIGIBLE  PERSONS  AS DEFINED BY SUBDIVISION TWO OF THIS
 SECTION SHALL BE ENTITLED TO AUTOMATIC  VACATUR  OF  THE  CONVICTION  OF
 FORMER SUBDIVISION THREE OF 125.25 OF THE PENAL LAW.
   2.  ELIGIBILITY  FOR VACATUR. PERSONS ELIGIBLE FOR VACATUR INCLUDE ALL
 PERSONS CONVICTED UNDER FORMER SUBDIVISION THREE OF  SECTION  125.25  OF
 THE PENAL LAW.
   3.  THE  VACATUR  PROCESS. AUTOMATIC VACATUR SHALL BE PROVIDED FOR ALL
 PERSONS ELIGIBLE PURSUANT TO THIS SECTION AND SHALL TAKE PLACE NO  LATER
 THAN THIRTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION.
   (A) THE OFFICE OF COURT ADMINISTRATION SHALL NOTIFY ALL PERSONS ELIGI-
 BLE  FOR  AUTOMATIC VACATUR VIA LAST KNOWN ADDRESS AND AS WELL AS NOTIFY
 LAST KNOWN COUNSEL VIA FIRST CLASS MAIL AT LAST KNOWN ADDRESS.
   (B) THE OFFICE OF COURT ADMINISTRATION SHALL, CONCURRENT WITH  NOTICE,
 COMMUNICATE  DIRECTLY  TO  THE  DEPARTMENT  OF CORRECTIONS AND COMMUNITY
 SUPERVISION THE NAMES OF ALL PERSONS  WHO  ARE  ELIGIBLE  FOR  AUTOMATIC
 VACATUR.  THE  DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION SHALL
 THEN TIMELY COMPARE THE LIST OF ELIGIBLE PEOPLE WITH THE NAMES OF PEOPLE
 UNDER THEIR CUSTODY AND CONTROL. WHEN AN ELIGIBLE PERSON  IS  UNDER  THE
 CUSTODY  AND  CONTROL  OF  THE  DEPARTMENT  OF CORRECTIONS AND COMMUNITY
 SUPERVISION, SUCH  DEPARTMENT  SHALL  IMMEDIATELY  NOTIFY  THE  ELIGIBLE
 PERSON THAT THEY ARE ELIGIBLE FOR VACATUR.
   (C)  THE OFFICE OF COURT ADMINISTRATION SHALL, CONCURRENT WITH NOTICE,
 BUT NO LATER THAN THIRTY DAYS FROM AFTER  THE  EFFECTIVE  DATE  OF  THIS
 S. 8464--A                          3
 
 SECTION,  DIRECT  THE ORIGINAL SENTENCING COURT TO VACATE THE CONVICTION
 OF EACH PERSON CONVICTED  UNDER  FORMER  SUBDIVISION  THREE  OF  SECTION
 125.25  OF  THE  PENAL  LAW AND DISMISS SUCH CHARGE. WHERE THE PERSON IS
 UNDER  THE  CUSTODY  AND  CONTROL  OF  THE DEPARTMENT OF CORRECTIONS AND
 COMMUNITY SUPERVISION, THE SENTENCING  COURT  SHALL  IMMEDIATELY  INFORM
 SUCH DEPARTMENT. THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION
 SHALL, IMMEDIATELY UPON NOTICE OF VACATUR, RELEASE ANY PERSON WHO WAS IN
 CUSTODY  SOLELY  AS  A  RESULT  OF A CONVICTION UNDER FORMER SUBDIVISION
 THREE OF SECTION 125.25 OF THE PENAL LAW AND/OR TERMINATE ANY  REMAINING
 POST RELEASE OR PAROLE SUPERVISION FOR SUCH PERSON.
   (D)  ANY  OTHER CONVICTIONS UNDER THE PENAL LAW SHALL REMAIN IN PLACE;
 PROVIDED, HOWEVER, THAT THOSE REMAINING CONVICTIONS MAY  BE  SUBJECT  TO
 RESENTENCING PURSUANT TO SUBDIVISION FOUR OF THIS SECTION.
   (E)  IN  ACCORDANCE  WITH  SUBDIVISION  ONE  OF THIS SECTION, ELIGIBLE
 PERSONS WHOSE CONVICTION UNDER FORMER SUBDIVISION THREE OF 125.25 OF THE
 PENAL LAW WAS NOT AUTOMATICALLY  VACATED  MAY  SUBMIT  TO  THE  ORIGINAL
 SENTENCING COURT A PETITION TO ENSURE THAT A CONVICTION TO FORMER SUBDI-
 VISION  THREE  OF SECTION 125.25 OF THE PENAL LAW HAS BEEN DULY VACATED.
 IF, AT THE TIME OF SUCH PERSON'S PETITION:
   (I) THE ORIGINAL SENTENCING JUDGE OR JUSTICE IS A JUDGE OR JUSTICE  OF
 THE  ORIGINAL  SENTENCING  COURT,  THE REQUEST SHALL BE ASSIGNED TO SUCH
 JUDGE OR JUSTICE IN SUCH COURT.
   (II) THE ORIGINAL SENTENCING JUDGE  OR  JUSTICE  IS  NOT  A  JUDGE  OR
 JUSTICE  OF  THE  ORIGINAL  SENTENCING  COURT, THEN THE REQUEST SHALL BE
 RANDOMLY ASSIGNED TO ANOTHER JUDGE OR JUSTICE OF SUCH COURT.
   (F) UPON CONFIRMATION FROM THE COURT FILE THAT THE PETITIONER HAS BEEN
 CONVICTED UNDER FORMER SUBDIVISION THREE OF 125.25 OF THE PENAL LAW  AND
 THAT  THE  CONVICTION  WAS  NOT  AUTOMATICALLY  VACATED, THE COURT SHALL
 VACATE THE CONVICTION UNDER SUCH FORMER SUBDIVISION AND SEND  NOTICE  OF
 VACATUR TO THE PETITIONER.
   (G)  ELIGIBLE PERSONS MAY ALSO DIRECTLY PETITION THE ORIGINAL SENTENC-
 ING COURT FOR VACATUR IN THE ABSENCE OF NOTICE FROM THE OFFICE OF  COURT
 ADMINISTRATION.  ELIGIBLE  PERSONS  MAY  REQUEST  THE  COURT  VACATE THE
 CONVICTION UNDER FORMER SUBDIVISION THREE OF 125.25 OF THE PENAL LAW AND
 ANY RELATED SENTENCE SHALL BE IMMEDIATELY DISCHARGED PURSUANT  TO  PARA-
 GRAPH  (C) OF THIS SUBDIVISION. A PERSON WHO IS ELIGIBLE FOR VACATUR MAY
 REQUEST THAT THE COURT TIMELY ASSIGN SUCH PERSON AN ATTORNEY. THE ATTOR-
 NEY SHALL BE ASSIGNED IN ACCORDANCE WITH THE PROVISIONS  OF  SUBDIVISION
 ONE  OF  SECTION SEVEN HUNDRED SEVENTEEN AND SUBDIVISION FOUR OF SECTION
 SEVEN HUNDRED TWENTY-TWO OF THE COUNTY LAW AND THE RELATED PROVISIONS OF
 ARTICLE EIGHTEEN-A OF SUCH LAW FOR THE APPLICATION AND  ANY  PROCEEDINGS
 UNDER THIS SECTION, INCLUDING ANY APPEAL AND SUCCESSIVE APPLICATION. THE
 COURT SHALL NOTIFY THE APPLICANT OF THE APPOINTMENT OF COUNSEL.
   4.  RESENTENCING.  ELIGIBLE PERSONS AS DEFINED BY PARAGRAPH (A) OR (B)
 OF SUBDIVISION FIVE OF THIS SECTION MAY FILE A  PETITION  TO  BE  RESEN-
 TENCED  WITH THE JUDGE OR JUSTICE WHO IMPOSED THE ORIGINAL SENTENCE UPON
 SUCH PERSON. IF, AT THE TIME OF SUCH PERSON'S PETITION:
   (A) THE ORIGINAL SENTENCING JUDGE OR JUSTICE IS A JUDGE OR JUSTICE  OF
 THE  ORIGINAL  SENTENCING  COURT,  THE REQUEST SHALL BE ASSIGNED TO SUCH
 JUDGE OR JUSTICE IN SUCH COURT.
   (B) THE ORIGINAL SENTENCING JUDGE OR JUSTICE IS NOT A JUDGE OR JUSTICE
 OF THE ORIGINAL SENTENCING COURT, THEN THE  REQUEST  SHALL  BE  RANDOMLY
 ASSIGNED TO ANOTHER JUDGE OR JUSTICE OF SUCH COURT.
   5. ELIGIBILITY TO PETITION FOR RESENTENCING. PERSONS ELIGIBLE TO PETI-
 TION FOR RESENTENCING SHALL INCLUDE, BUT NOT BE LIMITED TO:
 S. 8464--A                          4
 
   (A) ALL PERSONS CONVICTED AT TRIAL OR BY PLEA UNDER FORMER SUBDIVISION
 THREE  OF  SECTION  125.25  OF THE PENAL LAW AND SERVING A CONCURRENT OR
 CONSECUTIVE SENTENCE  FOR  ANOTHER  CONVICTION  ARISING  FROM  THE  SAME
 INDICTMENT.
   (B)  ALL PERSONS CONVICTED AT TRIAL OR BY PLEA AND CURRENTLY SERVING A
 SENTENCE WHERE FORMER SUBDIVISION THREE OF SECTION 125.25 OF  THE  PENAL
 LAW  WAS  A COUNT ON THE ACCUSATORY INSTRUMENT OR ANY ACCUSATORY INSTRU-
 MENT THAT WAS SUPERSEDED BY THAT INSTRUMENT AND UPON  WHICH  THE  PERSON
 PLED GUILTY OR WAS TRIED.
   6.  NOTICE  OF ELIGIBILITY TO PETITION FOR RESENTENCING. THE OFFICE OF
 COURT ADMINISTRATION SHALL NOTIFY ALL PERSONS ELIGIBLE TO  PETITION  FOR
 RESENTENCING  PURSUANT  TO  SUBDIVISION  FIVE  OF  THIS SECTION, OF SUCH
 ELIGIBILITY NO LATER THAN THIRTY DAYS AFTER THE EFFECTIVE DATE  OF  THIS
 SECTION.
   (A)  SUCH  NOTICE SHALL INCLUDE THE DATE OF SUCH CONVICTION, THE PENAL
 LAW SECTION FOR WHICH THEY WERE CONVICTED, AND A COPY OF THE  ACCUSATORY
 INSTRUMENT UNDER WHICH THEY WERE CONVICTED, INCLUDING A STATEMENT OF THE
 PENAL LAW SECTIONS CHARGED IN THE ACCUSATORY INSTRUMENT.
   (B)  SUCH  NOTICE  SHALL BE SENT BY FIRST CLASS MAIL TO THE LAST KNOWN
 ADDRESS OF THE ELIGIBLE PERSON AS WELL AS SENT BY FIRST  CLASS  MAIL  TO
 LAST KNOWN COUNSEL.
   (C)  THE  OFFICE OF COURT ADMINISTRATION SHALL, CONCURRENT WITH NOTICE
 TO THE ELIGIBLE PERSON AND COUNSEL, COMMUNICATE DIRECTLY TO THE  DEPART-
 MENT  OF  CORRECTIONS AND COMMUNITY SUPERVISION THE NAMES OF ALL PERSONS
 WHO ARE ELIGIBLE TO  PETITION  FOR  RESENTENCING.    THE  DEPARTMENT  OF
 CORRECTIONS AND COMMUNITY SUPERVISION SHALL THEN TIMELY COMPARE THE LIST
 OF  ELIGIBLE  PEOPLE  WITH  THE  NAMES OF PEOPLE UNDER THEIR CUSTODY AND
 CONTROL. WHEN AN ELIGIBLE PERSON IS UNDER THE CUSTODY AND CONTROL OF THE
 DEPARTMENT OF CORRECTIONS AND  COMMUNITY  SUPERVISION,  SUCH  DEPARTMENT
 SHALL  IMMEDIATELY  NOTIFY THE ELIGIBLE PERSON THAT THEY ARE ELIGIBLE TO
 PETITION FOR RESENTENCING.
   7. THE RESENTENCING PETITION. A RESENTENCING PETITION SUBMITTED  UNDER
 THIS SECTION SHALL INCLUDE:
    (A)  (I)  A  STATEMENT  BY  THE PETITIONER THAT THEY ARE ELIGIBLE FOR
 RELIEF, BASED ON THE REQUIREMENTS OF PARAGRAPH (A) OR (B) OF SUBDIVISION
 FIVE OF THIS SECTION; OR (II) IN THE EVENT THE PETITIONER IS REPRESENTED
 BY COUNSEL AT THE TIME OF THE PETITION, A SWORN STATEMENT BY SUCH  COUN-
 SEL  AFFIRMING  THE ELIGIBILITY OF THE PETITIONER IN LIEU OF A STATEMENT
 BY THE PETITIONER; OR
   (B) A COPY OF THE NOTICE FROM  THE  OFFICE  OF  COURT  ADMINISTRATION,
 PURSUANT  TO PARAGRAPH (A) OF SUBDIVISION SIX OF THIS SECTION, NOTIFYING
 THE PETITIONER OF THEIR POTENTIAL ELIGIBILITY.
   8. INITIAL REVIEW AND ACTIONS  BY  THE  COURT.  (A)  THE  COURT  SHALL
 CONDUCT  A TIMELY REVIEW OF THE PETITION FOR RELIEF AND DETERMINE IF THE
 PETITIONER HAS MADE A PRIMA FACIE SHOWING THAT  THE  PETITIONER  MAY  BE
 ELIGIBLE  FOR  RELIEF  UNDER PARAGRAPH (A) OR (B) OF SUBDIVISION FIVE OF
 THIS SECTION. THE COURT SHALL DETERMINE THAT THE PETITIONER HAS  MADE  A
 PRIMA  FACIE  SHOWING WHERE THE PETITIONER INCLUDED A COPY OF THE PROPER
 NOTICE FROM THE OFFICE OF COURT ADMINISTRATION OR WHERE  THE  ACCUSATORY
 INSTRUMENT  CONFIRMS  THE PETITIONER OR PETITIONER'S COUNSEL'S STATEMENT
 OF ELIGIBILITY. IF THE PETITION FAILS TO DEMONSTRATE THAT THE PETITIONER
 IS ELIGIBLE FOR RELIEF, THE COURT SHALL NOTIFY SUCH PERSON  AND  DISMISS
 SUCH PETITION WITHOUT PREJUDICE.
   (B)  UPON A FINDING THAT A PETITIONER HAS MADE A PRIMA FACIE CASE, THE
 COURT SHALL NOTIFY THE PETITIONER AND ORDER A  HEARING  AND  PERMIT  THE
 S. 8464--A                          5
 
 FILING AND SERVING OF PRE-HEARING SUBMISSIONS IN SUPPORT OF RESENTENCING
 AS DEFINED BY SUBDIVISION TEN OF THIS SECTION.
   (C)  WHERE  NO  NOTICE  WAS INCLUDED FROM THE OFFICE OF COURT ADMINIS-
 TRATION IN THE PETITION, THE COURT SHALL REQUEST AND RECEIVE A  COPY  OF
 THE  ACCUSATORY  INSTRUMENT  UNDER WHICH THE PETITIONER WAS CONVICTED OR
 ANY ACCUSATORY INSTRUMENT THAT WAS SUPERSEDED  BY  THAT  INSTRUMENT  AND
 UPON  WHICH  THE  PERSON  PLED GUILTY OR WAS TRIED FROM THE CLERK OF THE
 COURT FOR INSPECTION TO CONFIRM ELIGIBILITY FOR  RESENTENCING  PRIOR  TO
 CONDUCTING A REVIEW UNDER THIS SUBDIVISION.
   (D)  IN THE EVENT THE PETITIONER IS UNREPRESENTED BY COUNSEL AND SERV-
 ING A SENTENCE FOR CRIMES OTHER THAN FORMER SUBDIVISION THREE OF SECTION
 125.25 OF THE PENAL LAW OR ARISING FROM AN  ACCUSATORY  INSTRUMENT  THAT
 INCLUDED  FORMER SUBDIVISION THREE OF SECTION 125.25 OF THE PENAL LAW OR
 ANY ACCUSATORY INSTRUMENT THAT WAS SUPERSEDED  BY  THAT  INSTRUMENT  AND
 UPON  WHICH THE PERSON PLED GUILTY OR WAS TRIED, AND SEEKS RESENTENCING,
 THE PETITIONER MAY ALSO PETITION THE COURT FOR THE ASSIGNMENT OF COUNSEL
 AS PROVIDED IN SUBDIVISION NINE OF THIS SECTION.
   9. ASSIGNMENT OF COUNSEL. A PERSON WHO IS  ELIGIBLE  FOR  RESENTENCING
 PURSUANT TO PARAGRAPH (A) OR (B) OF SUBDIVISION FIVE OF THIS SECTION MAY
 REQUEST  THAT  THE  COURT  TIMELY ASSIGN SUCH PERSON AN ATTORNEY FOR THE
 PROCEEDINGS ON THE PETITION FOR RESENTENCING, EITHER AT THE TIME OF  THE
 PETITION FOR RESENTENCING OR AFTER NOTICE FROM THE COURT OF A HEARING ON
 RESENTENCING.  THE  ATTORNEY  SHALL  BE  ASSIGNED IN ACCORDANCE WITH THE
 PROVISIONS OF SUBDIVISION ONE OF SECTION  SEVEN  HUNDRED  SEVENTEEN  AND
 SUBDIVISION  FOUR  OF SECTION SEVEN HUNDRED TWENTY-TWO OF THE COUNTY LAW
 AND THE RELATED PROVISIONS OF ARTICLE EIGHTEEN-A OF  SUCH  LAW  FOR  THE
 APPLICATION AND ANY PROCEEDINGS UNDER THIS SECTION, INCLUDING ANY APPEAL
 AND  SUCCESSIVE APPLICATION. THE COURT SHALL NOTIFY THE APPLICANT OF THE
 APPOINTMENT OF COUNSEL.
   10. PRE-HEARING SUBMISSIONS. (A) UPON THE COURT GRANTING A HEARING  ON
 RESENTENCING,  THE  APPLICANT  SHALL,  WITHIN  SIXTY DAYS, FILE WITH THE
 COURT AND SERVE ON THE PROSECUTION ANY SUPPORTING MATERIALS. THESE MATE-
 RIALS MAY INCLUDE, BUT ARE NOT LIMITED TO, SUBMISSIONS THAT EITHER:
   (I) THE SENTENCE IS ILLEGAL OR UNAUTHORIZED PURSUANT TO ARTICLE SEVEN-
 TY OF THE PENAL LAW AFTER VACATUR OF THE CONVICTION UNDER FORMER  SUBDI-
 VISION THREE OF SECTION 125.25 OF THE PENAL LAW;
   (II)  IN  A  CASE WHERE A CONVICTION UNDER FORMER SUBDIVISION THREE OF
 SECTION 125.25 WAS VACATED BUT WHERE  SENTENCES  FOR  OTHER  CONVICTIONS
 REMAIN,   THE  REMAINING  SENTENCES  WERE  MATERIALLY  IMPACTED  BY  THE
 CONVICTION UNDER FORMER SUBDIVISION THREE OF SECTION 125.25 OF THE PENAL
 LAW;
   (III) IN A CASE WHERE THERE WAS NO CONVICTION UNDER FORMER SUBDIVISION
 THREE OF SECTION 125.25 OF THE PENAL LAW, THE  SENTENCE  WAS  MATERIALLY
 IMPACTED BY EVIDENCE RELATING TO THE DEATH OF THE DECEDENT; OR
   (IV)  THAT  THE  PETITIONER'S  DECISION TO ACCEPT A PLEA OF GUILTY WAS
 MATERIALLY IMPACTED BY THE INCLUSION  OF  FORMER  SUBDIVISION  THREE  OF
 SECTION  125.25  OF  THE  PENAL  LAW IN THE ACCUSATORY INSTRUMENT OR ANY
 ACCUSATORY INSTRUMENT THAT WAS SUPERSEDED BY THAT  INSTRUMENT  AND  UPON
 WHICH THE PERSON PLED GUILTY OR WAS TRIED.
   (B)  UPON RECEIPT OF SUCH PRE-HEARING SUBMISSIONS IN SUPPORT OF RESEN-
 TENCING, THE COURT SHALL FORTHWITH DELIVER A COPY OF THE PETITION TO THE
 PROSECUTION. UPON RECEIPT OF PRE-HEARING SUBMISSIONS FROM AN  APPLICANT,
 THE  PROSECUTION  SHALL, WITHIN THIRTY DAYS, SERVE AND FILE ANY RELEVANT
 DOCUMENTS OF AN EVIDENTIARY NATURE THAT REBUT THE PRESUMPTION OF  RESEN-
 TENCING  AS DESCRIBED IN SUBDIVISION ELEVEN OF THIS SECTION. THESE DEAD-
 LINES SHALL BE EXTENDED FOR GOOD CAUSE OR IN THE INTEREST OF JUSTICE.
 S. 8464--A                          6
 
   11. THE RESENTENCING HEARING. (A) THERE  SHALL  BE  A  PRESUMPTION  IN
 FAVOR OF RESENTENCING.
   (B) AT THE HEARING, THE BURDEN OF PROOF SHALL BE ON THE PROSECUTION TO
 PROVE,  BEYOND A REASONABLE DOUBT, THAT THE PETITIONER IS INELIGIBLE FOR
 RESENTENCING. IF THE PROSECUTION FAILS TO SUSTAIN ITS BURDEN  OF  PROOF,
 THE  PETITIONER  SHALL  BE  RESENTENCED PURSUANT TO SECTION 70.00 OF THE
 PENAL LAW.
   (C) BOTH PARTIES SHALL BE PROVIDED THE  OPPORTUNITY  TO  RELY  ON  THE
 RECORD OF CONVICTION OR PRESENT NEW OR ADDITIONAL MATERIALS OR EVIDENCE.
 PRIOR  TO THE HEARING, THE PETITIONER SHALL BE ENTITLED TO ANY DISCOVERY
 RELATED TO THE ORIGINAL SENTENCING, INCLUDING BUT  NOT  LIMITED  TO  ANY
 PROSECUTION  PLEA  NEGOTIATIONS  OR  OFFERS,  ANY  COOPERATION AGREEMENT
 ENTERED INTO BY CO-DEFENDANTS OR  PROSECUTION  WITNESSES,  SUMMATION  OF
 PROSECUTORS  INCLUDING  ANY  REFERENCE  TO  FORMER  SUBDIVISION THREE OF
 SECTION 125.25 OF THE PENAL  LAW,  ANY  MITIGATION  REPORT,  PRESENTENCE
 REPORT, VICTIM IMPACT STATEMENTS AND ANY OTHER RELATED MATERIALS CONSID-
 ERED  BY THE ORIGINAL SENTENCING COURT OR NEWLY DISCOVERED. ANY RELEVANT
 EVIDENCE SHALL BE ADMISSIBLE AT SUCH HEARINGS.
   (D) THE COURT, AFTER AFFORDING THE PARTIES AN OPPORTUNITY TO BE  HEARD
 AND  PRESENT  EVIDENCE,  SHALL  DETERMINE ANY CONTROVERTED ISSUE OF FACT
 RELEVANT TO THE ISSUE OF SENTENCING. THE COURT SHALL CONSIDER THE EFFECT
 OF FORMER SUBDIVISION THREE OF SECTION 125.25 OF THE PENAL  LAW  ON  THE
 ORIGINAL  PLEA,  CONVICTION  AND  SENTENCE  AND BALANCE THE INTERESTS OF
 JUSTICE TO RENDER A DECISION TO DENY OR GRANT  THE  PETITIONER'S  MOTION
 FOR  RESENTENCING.  ANY ORDER ISSUED BY A COURT PURSUANT TO THIS SECTION
 SHALL INCLUDE WRITTEN FINDINGS OF FACT AND THE REASONS FOR  SUCH  ORDER.
 WHERE  THE  COURT  HAS  DENIED THE PETITION FOR RESENTENCING, SUCH ORDER
 SHALL BE ENTERED AND THE PETITIONER SHALL RETAIN THEIR RIGHT  TO  APPEAL
 AS  OUTLINED  IN  SUBDIVISION  THIRTEEN  OF THIS SECTION AND PURSUANT TO
 SECTION 440.20 OF THIS ARTICLE.
   12. RESENTENCING. WHERE THE COURT HAS GRANTED THE PETITION FOR  RESEN-
 TENCING  THE PERSON WHO IS RESENTENCED PURSUANT TO THIS SECTION SHALL BE
 GIVEN CREDIT FOR TIME SERVED  ON  THE  ORIGINAL  SENTENCE.  IF  THE  NEW
 SENTENCE  IS AN INDETERMINATE SENTENCE, IT SHALL NOT BE GREATER THAN THE
 INITIAL SENTENCE, AND IF THE NEW SENTENCE IS A DETERMINATE SENTENCE, THE
 TERM OF IMPRISONMENT SHALL NOT BE GREATER THAN THE MINIMUM TERM  OF  THE
 INITIAL SENTENCE.
   13.  APPEAL AS RIGHT. AN APPEAL MAY BE TAKEN AS OF RIGHT IN ACCORDANCE
 WITH APPLICABLE PROVISIONS OF THIS CHAPTER:
   (A) FROM AN ORDER DENYING RESENTENCING; OR
   (B) FROM A NEW SENTENCE IMPOSED UNDER THIS PROVISION AND MAY BE  BASED
 ON THE GROUNDS THAT: (I) THE TERM OF THE NEW SENTENCE IS HARSH OR EXCES-
 SIVE;  OR  (II)  THAT  THE TERM OF THE NEW SENTENCE IS UNAUTHORIZED AS A
 MATTER OF LAW. AN APPEAL IN ACCORDANCE  WITH THE  APPLICABLE  PROVISIONS
 OF  THIS  CHAPTER  MAY ALSO BE TAKEN AS OF RIGHT BY THE  APPLICANT  FROM
 AN  ORDER SPECIFYING  AND  INFORMING SUCH APPLICANT OF THE TERM  OF  THE
 DETERMINATE  SENTENCE  THE  COURT  WOULD IMPOSE UPON RESENTENCING ON THE
 GROUND THAT THE TERM OF THE PROPOSED SENTENCE  IS  HARSH  OR  EXCESSIVE;
 UPON  REMAND TO  THE SENTENCING  COURT  FOLLOWING SUCH APPEAL THE APPLI-
 CANT SHALL BE GIVEN AN OPPORTUNITY TO WITHDRAW   AN   APPLICATION    FOR
 RESENTENCING    BEFORE   ANY RESENTENCE   IS  IMPOSED. THE APPLICANT MAY
 REQUEST THAT THE COURT ASSIGN SUCH APPLICANT AN ATTORNEY FOR THE  PREPA-
 RATION  OF  AND  PROCEEDINGS  ON  ANY APPEALS REGARDING SUCH APPLICANT'S
 APPLICATION FOR RESENTENCING PURSUANT  TO  THIS  SECTION.  THE  ATTORNEY
 SHALL  BE  ASSIGNED IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION ONE
 OF SECTION SEVEN HUNDRED SEVENTEEN AND SUBDIVISION FOUR OF SECTION SEVEN
 S. 8464--A                          7
 
 HUNDRED TWENTY-TWO OF THE   COUNTY LAW AND  THE  RELATED  PROVISIONS  OF
 ARTICLE EIGHTEEN-A OF SUCH LAW.
   §  4.    No  later  than  thirty days after the effective date of this
 section, the division of criminal justice services shall issue a  report
 to    the  chairs of the senate and assembly judiciary committees and to
 the chief administrative judge for the office  of  court  administration
 which shall include, but need not be limited to: (a) The total number of
 people  as  well as the individual names and current locations of people
 currently incarcerated for a conviction under former  subdivision  3  of
 section  125.25  of  the  penal  law in New York state; and (b) the age,
 race, and gender breakdowns of such convictions.
   § 5. The office of court administration shall, within  sixty  days  of
 the  effective  date of this section, identify all individuals currently
 under the custody or supervision of the department  of  corrections  and
 community  supervision  who  are  serving  a sentence pursuant to former
 subdivision three of section 125.25 of the  penal  law.  The  office  of
 court  administration shall notify all such individuals about this chap-
 ter and their potential eligibility to apply for vacatur and  resentenc-
 ing  as  required  by  subdivision six of section 440.48 of the criminal
 procedure law, as added by section three of this act. This notice  shall
 include  instructions for submitting an application and requesting coun-
 sel as provided in paragraph (g) of subdivision  three  and  subdivision
 nine of section 440.48 of the criminal procedure law.
   §  6. (a) The clerk of the court, upon determination of an application
 filed pursuant to section 440.48 of the criminal procedure law, as added
 by section three of this act, shall report the following information  to
 the  office of court administration which shall be made available to the
 public:
   (i) the name, department  identification  number,  and  race  of  each
 incarcerated individual who has been denied or granted resentencing;
   (ii)  how  many  years  of  imprisonment  each incarcerated individual
 served at the time of the application;
   (iii) any new sentence, if applicable;
   (iv) the county and the name of the judge  deciding  the  application;
 and
   (v)  whether  the prosecutor consented, opposed or took no position on
 the application.
   (b) The office of court administration shall provide an annual collec-
 tive report containing the information received from the clerks  of  the
 court  pursuant to paragraph (a) of this subdivision to the governor and
 legislature. The office of court administration shall not be required to
 provide such report where there are no applications pending for  vacatur
 or resentences for a given year.
   §  7.  This  act  shall  take  effect  immediately; provided, however,
 section three of this act shall take effect on the sixtieth day after it
 shall have become a law.

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Julia Salazar

Current Bill Status - In Senate Committee Codes Committee

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