NY State Senate Bill 2009-S6198

Archive: Last Bill Status - In Senate Committee Finance 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 08, 2010	reported and committed to finance
Apr 30, 2010	notice of committee consideration - requested
Mar 16, 2010	print number 6198a
Mar 16, 2010	amend and recommit to codes
Jan 06, 2010	referred to codes
Sep 30, 2009	referred to rules

Votes

- Jun 8, 2010 - Codes Committee Vote
  S6198
  
  6
  
  Aye
  
  4
  
  Nay
  
  6
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: Jun 8, 2010
      
      aye (6)
      
      Bonacic
      
      Breslin
      
      Huntley
      
      Klein
      
      Sampson
      
      Squadron
      
      nay (4)
      
      DeFrancisco
      
      Flanagan
      
      Golden
      
      Parker
      
      aye wr (6)
      
      Duane
      
      Lanza
      
      Perkins
      
      Saland
      
      Schneiderman
      
      Volker

Bill Amendments

Original

A (Active)

2009-S6198 - Details

See Assembly Version of this Bill:: A9160
Current Committee:: Senate Finance
Law Section:: Penal Law
Laws Affected:: Amd §§125.26, 70.00 & 60.06, Pen L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S1464, A1417
2013-2014: S300, A21
2015-2016: S1481, A1606
2017-2018: S4956

2009-S6198 - Summary

Relates to the crime of aggravated murder involving certain business owners.

2009-S6198 - Sponsor Memo

                                 BILL NUMBER:  S6198

 TITLE OF BILL :
An act to amend the penal law, in relation to the crime of aggravated
murder involving certain business owners and their employees


 PURPOSE :
Relates to the crime of aggravated murder involving certain business
owners.

 SUMMARY OF PROVISIONS :
Section 1. Amends paragraph (b) of subdivision one and the opening
paragraph of subdivision 2 of section 125.26 of the penal law by
adding intent to cause the death of the owner of a grocery store,
bodega, taxi cab or livery cab or such owners' employees while they
are acting in the normal course of their employment.

Section 2. Provides that a defendant may be sentenced to life
imprisonment without parole upon conviction for the crime of
aggravated murder.

Section 3. Requires a sentence of life imprisonment without parole for
a conviction of aggravated murder.

Section 4. Effective Date

 JUSTIFICATION :

Recent news accounts have reported three fatal murders involving
livery cab drivers that occurred between May 10 and August 23, 2009 in
the Bronx. Jose Pena-Seguira, 42 was shot once in the head inside his
cab. He was pronounced dead in a hospital approximately thirty minutes
later. Ndiaye Amadau, 46 was fatally shot in the chest in his cab.
Roberto Pinta, 37 was shot three times in the back during what was
reported as a failed robbery.

A fourth cab driver, Pericles Salas, 32, was found shot in the head
early on the morning of August 30, 2009 in Yonkers, NY. His wife and
young daughter survive him.

No one deserves to work under such stressful conditions and no one
should have to fear for his or life while simply trying to do a job.

This legislation imposes a sentence of life imprisonment without
parole upon conviction for the crime of aggravated murder of a cab or
livery cab owner or employee, or the owner or employee of a grocery
store or bodega, when the murder occurs during the normal course of
business.

 LEGISLATIVE HISTORY :
New bill.

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
Immediately.

2009-S6198 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 6198                                                  A. 9160

                       2009-2010 Regular Sessions

                      S E N A T E - A S S E M B L Y

                           September 30, 2009
                               ___________

IN  SENATE -- Introduced by Sen. DIAZ -- read twice and ordered printed,
  and when printed to be committed to the Committee on Rules

IN ASSEMBLY -- Introduced by M. of A. CRESPO -- read once  and  referred
  to the Committee on Codes

AN  ACT  to  amend the penal law, in relation to the crime of aggravated
  murder involving certain business owners and their employees

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (b) of subdivision 1 and the opening paragraph of
subdivision  2  of  section 125.26 of the penal law, as added by chapter
765 of the laws of 2005, are amended, subdivision 2 is renumbered subdi-
vision 3 and a new subdivision 2 is added to read as follows:
  (b) The defendant was more than eighteen years old at the time of  the
commission of the crime[.]; OR
  2.  WITH  INTENT  TO  CAUSE THE DEATH OF THE OWNER OF A GROCERY STORE,
BODEGA, TAXI CAB OR LIVERY CAB, OR HIS OR HER EMPLOYEES, INCLUDING DRIV-
ERS, WHILE SUCH PERSON IS ACTING IN THE NORMAL  COURSE  OF  HIS  OR  HER
EMPLOYMENT, HE OR SHE CAUSES THE DEATH OF SUCH PERSON.
  In any prosecution under subdivision one OR TWO of this section, it is
an affirmative defense that:
  S  2.  Subdivision  5 of section 70.00 of the penal law, as amended by
chapter 765 of the laws of 2005, is amended to read as follows:
  5.  Life  imprisonment  without  parole.  Notwithstanding  any   other
provision  of  law,  a  defendant sentenced to life imprisonment without
parole shall not  be  or  become  eligible  for  parole  or  conditional
release.  For  purposes of commitment and custody, other than parole and
conditional release, such sentence shall be deemed to be  an  indetermi-
nate  sentence.  A defendant may be sentenced to life imprisonment with-
out parole upon conviction for the crime of murder in the  first  degree
as  defined in section 125.27 of this chapter and in accordance with the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14752-01-9

S. 6198                             2                            A. 9160

procedures provided by law for imposing a sentence  for  such  crime.  A
defendant  must  be  sentenced  to life imprisonment without parole upon
conviction for the crime of terrorism as defined in  section  490.25  of
this  chapter,  where the specified offense the defendant committed is a
class A-I felony; the crime of criminal possession of a chemical  weapon
or biological weapon in the first degree as defined in section 490.45 of
this  chapter;  or  the  crime  of  criminal use of a chemical weapon or
biological weapon in the first degree as defined in  section  490.55  of
this  chapter; provided, however, that nothing in this subdivision shall
preclude or prevent a sentence of  death  when  the  defendant  is  also
convicted  of  the  crime  of  murder  in the first degree as defined in
section 125.27 of this chapter.  A defendant must be sentenced  to  life
imprisonment  without  parole upon conviction for the crime of murder in
the second degree as defined in subdivision five of  section  125.25  of
this  chapter or for the crime of aggravated murder as defined in SUBDI-
VISION ONE OF section 125.26 of  this  chapter.    A  DEFENDANT  MAY  BE
SENTENCED  TO  LIFE  IMPRISONMENT WITHOUT PAROLE UPON CONVICTION FOR THE
CRIME OF AGGRAVATED MURDER AS DEFINED  IN  SUBDIVISION  TWO  OF  SECTION
125.26 OF THIS CHAPTER.
  S  3. Section 60.06 of the penal law, as amended by chapter 765 of the
laws of 2005, the section heading as amended by chapter 93 of  the  laws
of 2006, is amended to read as follows:
S 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, or to a  term
of  imprisonment  for  a  class A-I felony other than a sentence of life
imprisonment without parole, 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. 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 is convicted of the crime
of criminal possession of a chemical weapon or biological weapon in  the
first  degree  as  defined  in section 490.45 of this chapter, or when a
defendant is convicted of the crime of criminal use of a chemical weapon
or biological weapon in the first degree as defined in section 490.55 of
this chapter, the court shall sentence the defendant to  life  imprison-
ment without parole in accordance with subdivision five of section 70.00
of  this  title;  provided,  however, that nothing in this section shall
preclude or prevent a sentence of  death  when  the  defendant  is  also
convicted  of murder in the first degree as defined in section 125.27 of
this chapter.  WHEN A DEFENDANT IS CONVICTED  OF  AGGRAVATED  MURDER  AS
DEFINED  IN SUBDIVISION TWO OF SECTION 125.26 OF THIS CHAPTER, THE COURT
SHALL SENTENCE THE DEFENDANT TO LIFE IMPRISONMENT WITHOUT PAROLE OR TO A

S. 6198                             3                            A. 9160

TERM OF IMPRISONMENT FOR A CLASS A-I FELONY OTHER  THAN  A  SENTENCE  OF
LIFE  IMPRISONMENT  WITHOUT  PAROLE, IN ACCORDANCE WITH SUBDIVISIONS ONE
THROUGH THREE OF SECTION 70.00 OF THIS TITLE.
  S 4. This act shall take effect immediately.

2009-S6198A (ACTIVE) - Details

See Assembly Version of this Bill:: A9160
Current Committee:: Senate Finance
Law Section:: Penal Law
Laws Affected:: Amd §§125.26, 70.00 & 60.06, Pen L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S1464, A1417
2013-2014: S300, A21
2015-2016: S1481, A1606
2017-2018: S4956

2009-S6198A (ACTIVE) - Summary

Relates to the crime of aggravated murder involving certain business owners.

2009-S6198A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6198A

 TITLE OF BILL :
An act to amend the penal law, in relation to the crime of aggravated
murder involving certain business owners and their employees


 PURPOSE :
Relates to the crime of aggravated murder involving certain business
owners.

 SUMMARY OF PROVISIONS :
Section 1. Amends paragraph (b) of subdivision two and the opening
paragraph of subdivision 3 of section 125.26 of the penal law,
paragraph (b) of subdivision 2 as added and the opening paragraph of
subdivision 3 as amended by chapter 482 of the laws of 2009 by adding
intent to cause the death of the owner of a grocery store, bodega,
taxi cab or livery cab or such owners' employees while they are acting
in the normal course of their employment.

Section 2. Provides that a defendant may be sentenced to life
imprisonment without parole upon conviction for the crime of
aggravated murder.

Section 3. Requires a sentence of life imprisonment without parole for
a conviction of aggravated murder.

Section 4. Effective Date

 JUSTIFICATION :
Recent news accounts have reported three fatal murders involving
livery cab drivers that occurred between May 10 and August 23, 2009 in
the Bronx. Jose Pena-Seguira, 42 was shot once in the head inside his
cab. He was pronounced dead in a hospital approximately thirty minutes
later. Ndiaye Amadau, 46 was fatally shot in the chest in his cab.
Roberto pinta, 37 was shot three times in the back during what was
reported as a failed robbery.

A fourth cab driver, Pericles Salas, 32, was found shot in the head
early on the morning of August 30, 2009 in Yonkers, NY. His wife and
young daughter survive him.

No one deserves to work under such stressful conditions and no one
should have to fear for his or life while simply trying to do a job.

This legislation imposes a sentence of life imprisonment without
parole upon conviction for the crime of aggravated murder of a cab or
livery cab owner or employee, or the owner or employee of a grocery
store or bodega, when the murder occurs during the normal course of
business.

 LEGISLATIVE HISTORY :
New bill.

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
Immediately.

2009-S6198A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 6198--A                                            A. 9160--A

                       2009-2010 Regular Sessions

                      S E N A T E - A S S E M B L Y

                           September 30, 2009
                               ___________

IN SENATE -- Introduced by Sens. DIAZ, SAMPSON -- 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

IN  ASSEMBLY  -- Introduced by M. of A. CRESPO -- read once and referred
  to the Committee on Codes -- recommitted to the Committee on Codes  in
  accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  to  amend the penal law, in relation to the crime of aggravated
  murder involving certain business owners and their employees

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (b) of subdivision 2 and the opening paragraph of
subdivision  3  of  section  125.26  of  the penal law, paragraph (b) of
subdivision 2 as added and the opening paragraph  of  subdivision  3  as
amended  by  chapter 482 of the laws of 2009, are amended, subdivision 3
is renumbered subdivision 4 and a new subdivision 3 is added to read  as
follows:
  (b)  The defendant was more than eighteen years old at the time of the
commission of the crime[.]; OR
  3. WITH INTENT TO CAUSE THE DEATH OF THE OWNER  OF  A  GROCERY  STORE,
BODEGA, TAXI CAB OR LIVERY CAB, OR HIS OR HER EMPLOYEES, INCLUDING DRIV-
ERS,  WHILE  SUCH  PERSON  IS  ACTING IN THE NORMAL COURSE OF HIS OR HER
EMPLOYMENT, HE OR SHE CAUSES THE DEATH OF SUCH PERSON.
  In any prosecution under subdivision one [or], two OR  THREE  of  this
section, it is an affirmative defense that:
  S  2.  Subdivision  5 of section 70.00 of the penal law, as amended by
chapter 482 of the laws of 2009, is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14752-02-0

S. 6198--A                          2                         A. 9160--A

  5.  Life  imprisonment  without  parole.  Notwithstanding  any   other
provision  of  law,  a  defendant sentenced to life imprisonment without
parole shall not  be  or  become  eligible  for  parole  or  conditional
release.  For  purposes of commitment and custody, other than parole and
conditional  release,  such sentence shall be deemed to be an indetermi-
nate sentence.  A defendant may be sentenced to life imprisonment  with-
out  parole  upon conviction for the crime of murder in the first degree
as defined in section 125.27 of this chapter and in accordance with  the
procedures  provided  by  law  for imposing a sentence for such crime. A
defendant must be sentenced to life  imprisonment  without  parole  upon
conviction  for  the  crime of terrorism as defined in section 490.25 of
this chapter, where the specified offense the defendant committed  is  a
class  A-I felony; the crime of criminal possession of a chemical weapon
or biological weapon in the first degree as defined in section 490.45 of
this chapter; or the crime of criminal  use  of  a  chemical  weapon  or
biological  weapon  in  the first degree as defined in section 490.55 of
this chapter; provided, however, that nothing in this subdivision  shall
preclude  or  prevent  a  sentence  of  death when the defendant is also
convicted of the crime of murder in  the  first  degree  as  defined  in
section  125.27  of this chapter.  A defendant must be sentenced to life
imprisonment without parole upon conviction for the crime of  murder  in
the  second  degree  as defined in subdivision five of section 125.25 of
this chapter or for the crime of aggravated murder as defined in  subdi-
vision  one  of  section  125.26  of  this  chapter.  A defendant may be
sentenced to life imprisonment without parole upon  conviction  for  the
crime  of  aggravated  murder  as defined in subdivision two OR THREE of
section 125.26 of this chapter.
  S 3. Section 60.06 of the penal law, as amended by chapter 482 of  the
laws of 2009, is amended to read as follows:
S 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, or to a  term
of  imprisonment  for  a  class A-I felony other than a sentence of life
imprisonment without parole, 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. 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 is convicted of the crime
of criminal possession of a chemical weapon or biological weapon in  the
first  degree  as  defined  in section 490.45 of this chapter, or when a
defendant is convicted of the crime of criminal use of a chemical weapon
or biological weapon in the first degree as defined in section 490.55 of
this chapter, the court shall sentence the defendant to  life  imprison-

S. 6198--A                          3                         A. 9160--A

ment without parole in accordance with subdivision five of section 70.00
of  this  title;  provided,  however, that nothing in this section shall
preclude or prevent a sentence of  death  when  the  defendant  is  also
convicted  of murder in the first degree as defined in section 125.27 of
this chapter. When a defendant is  convicted  of  aggravated  murder  as
defined  in  subdivision two OR THREE of section 125.26 of this chapter,
the court shall sentence the  defendant  to  life  imprisonment  without
parole  or to a term of imprisonment for a class A-I felony other than a
sentence of life imprisonment without parole, in accordance with  subdi-
visions one through three of section 70.00 of this title.
  S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S6198

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

Jun 8, 2010 - Codes Committee Vote

Codes Committee Vote: Jun 8, 2010

Bill Amendments

2009-S6198 - Details

2009-S6198 - Summary

2009-S6198 - Sponsor Memo

2009-S6198 - Bill Text download pdf

2009-S6198A (ACTIVE) - Details

2009-S6198A (ACTIVE) - Summary

2009-S6198A (ACTIVE) - Sponsor Memo

2009-S6198A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6198

Share this bill

Sponsored By

Ruben Diaz

Archive: Last Bill Status - In Senate Committee Finance Committee

Bill Amendments

2009-S6198 - Details

2009-S6198 - Summary

2009-S6198 - Sponsor Memo

2009-S6198 - Bill Text download pdf

2009-S6198A (ACTIVE) - Details

2009-S6198A (ACTIVE) - Summary

2009-S6198A (ACTIVE) - Sponsor Memo

2009-S6198A (ACTIVE) - Bill Text download pdf

Comments