Senator Martinez Works to Strengthen New York’s Bail System

New York State Senator Monica R. Martinez announces new legislation to address flaw in law that allowed four accused of dismemberment released without bail

Outraged by yesterday’s release of four people accused of dismembering and dumping the bodies of two murder victims on Long Island, New York State Senator Monica R. Martinez has introduced Senate Bill S8748 to make Concealment of a Human Corpse a bail-eligible offense.

The bill, if enacted, will revise New York's Criminal Procedure Law to include Section 195.02 of the Penal Law into the list of offenses for which judges can set bail.  This particular provision of the criminal code prohibits the concealment, dismemberment, or destruction of a human corpse to obstruct official proceedings, criminal autopsies, or law enforcement examinations during investigations.

"The desecration of a murder victim’s body is a heinous act that defiles the dignity of the deceased and poses a serious threat to public safety,” said Senator Martinez.  “It is unconscionable that criminal Concealment of a Human Corpse is not currently a bail-eligible offense.  I fully support giving judges the discretion to hold defendants who defile the dead.  That is why I have sponsored this amendment which will ensure courts have the necessary tools to protect our communities from those who show utter disregard for human decency."

This change will take effect immediately upon its adoption.

Assemblyman Steve Stern is also planning to introduce a companion bill in that chamber.  According to Assemblyman Stern, “I will be introducing legislation in the New York State Assembly today to help ensure that our law enforcement professionals have the tools necessary to keep all of us safe and ask all of my colleagues committed to public safety to strongly support this initiative.”

On Wednesday, four suspects were charged with concealing a human corpse and tampering with evidence in the deaths of a 59-year-old female and a 53-year-old male, whose body parts were discovered at locations in Suffolk and Nassau counties.  The suspects were released without bail, despite the horrendous nature of their crimes. Instead, these alleged perpetrators will be on supervised release, have GPS monitoring, and will have to report to probation in person, in addition to surrendering their passports.

related legislation