NY State Senate Bill 2009-S1020

Archive: Last 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to codes
Jan 22, 2009	referred to codes

2009-S1020 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Add §§400.17 & 400.18, amd §400.22, CP L; add §70.09, Pen L
Versions Introduced in 2011-2012 Legislative Session:: S1957

2009-S1020 (ACTIVE) - Summary

Defines a second homicide offender as a person who stands convicted of any offense defined under §125.27 (Murder in the first degree) or §125.25 (Murder in the second degree) or §125.20 (Manslaughter in the first degree) or §125.15 (Manslaughter in the second degree) of the penal law after having previously been subject to a predicate homicide conviction of any one of the foregoing three offenses; subjects a second homicide offender to an indeterminate sentence with a consecutive minimum term fixed by the court of 30 to 50 years for murder 1 or 2, and of 15 to 30 years for manslaughter 1, and of 10 to 20 years for manslaughter 2 with a maximum term of life imprisonment in all such cases; establishes procedure for determining whether a defendant is a second homicide offender, and whether defendant should be sentenced as a second homicide offender; result is a significant increase in the penalties for second homicide offenders, as so defined.

2009-S1020 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1020

 TITLE OF BILL :
An act to amend the criminal procedure law and the penal law, in
relation to defining a second homicide offender and increasing the
penalties upon conviction of any of certain homicide offenses after
having previously been subject to a predicate conviction of any of
such homicide offenses


 PURPOSE :
To provide enhanced mandatory minimum sentences for those who commit a
second homicide after having previously been convicted of a predicate
homicide, and to specify procedures for determining whether such
enhanced sentencing should be imposed.

 SUMMARY :
Bill section one adds a new section 400.17 to the criminal procedure
law, which defines the procedure that must be followed in any case
where it appears that a defendant who has been convicted of murder in
the first degree, murder in the second degree, or of manslaughter in
the first degree has previously been subjected to a predicate homicide
conviction, as a result of which the defendant may be eligible for
enhanced sentencing as a second homicide offender.  The procedures are
the same for determining whether a defendant is eligible for
sentencing as a persistent felony offender.

Predicate homicide convictions, defined in bill section four, which
adds a new section 70.09 to the penal law, are murder in the first or
second degrees, or manslaughter in the first degree. Where the court
determines following a hearing that the defendant is eligible for
sentencing as a second homicide offender, bill section two, through
addition of a new section 400.18 to the criminal procedure law,
establishes the procedure for determining whether the defendant should
in fact be sentenced as a second homicide offender.

The court must be of the opinion that the history and character of the
defendant and the nature and circumstances of his criminal conduct are
such that extended incarceration at the minimum end of the sentence as
well as lifetime supervision are warranted to best serve the public
interest. The Court may conduct a hearing to determine whether such
criteria have been met. If the defendant is eligible to be sentenced
as a second homicide offender and the court determines that the
defendant should be sentenced as a second homicide offender, the
minimum terms are as follows: if the instant conviction is for a class
A-I felony (murder in the first or second degrees, the mandatory
minimum is thirty years but may not exceed fifty years.  Current law
authorizes a  MINIMUM  sentence of twenty-five years. If the instant
conviction is for a class B felony (manslaughter in the first degree,)
the second homicide offender must sentence the defendant to a
mandatory minimum of fifteen years, up to a maximum mandatory minimum
of thirty years; for a B felony offender, current law authorizes a
maximum of twenty-five years; if the instant B felony is a third
felony conviction, the minimum is ten years.

 JUSTIFICATION :
While current law contains enhanced and mandatory sentences of
imprisonment for second and persistent felony offenders, no sentence
enhancement is specifically designed to punish more severely those who
kill more than once. This bill seeks to recognize the unforgivable
harm inflicted by repeat killers by establishing mandatory minimum
sentences applicable only to second homicide offenders. By providing
comprehensive notice and hearing procedures, and making the decision
to impose such severe sanctions discretionary with the judge, the bill
ensures that only the most deserving of criminals will receive the
enhanced punishment.
 FISCAL IMPLICATIONS :
Some additional costs for confining second homicide offenders.

 EFFECTIVE DATE :
First of November next succeeding the date on which it shall have
become a law, but applies only to offenses committed on or after such
effective date.

2009-S1020 (ACTIVE) - Bill Text download pdf

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

                                  1020

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 22, 2009
                               ___________

Introduced  by  Sen.  KRUGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the  criminal  procedure  law  and  the  penal  law,  in
  relation  to  defining  a  second homicide offender and increasing the
  penalties upon conviction of any of certain  homicide  offenses  after
  having  previously  been  subject  to a predicate conviction of any of
  such homicide offenses

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

  Section  1.  The  criminal  procedure  law  is amended by adding a new
section 400.17 to read as follows:
S 400.17  PROCEDURE FOR DETERMINING WHETHER DEFENDANT IS A SECOND  HOMI-
             CIDE OFFENDER.
  1.   APPLICABILITY.   THE PROVISIONS OF THIS SECTION GOVERN THE PROCE-
DURE THAT MUST BE FOLLOWED IN ANY CASE WHERE IT APPEARS THAT A DEFENDANT
WHO STANDS CONVICTED OF MURDER IN THE FIRST DEGREE AS DEFINED IN SECTION
125.27 OF THE PENAL LAW, MURDER IN  THE  SECOND  DEGREE  AS  DEFINED  IN
SECTION  125.25 OF SUCH LAW, MANSLAUGHTER IN THE FIRST DEGREE AS DEFINED
IN SECTION 125.20 OF SUCH LAW, OR MANSLAUGHTER IN THE SECOND  DEGREE  AS
DEFINED  IN SECTION 125.15 OF SUCH LAW, HAS PREVIOUSLY BEEN SUBJECTED TO
A PREDICATE HOMICIDE CONVICTION AS DEFINED IN SUBDIVISION TWO OF SECTION
70.09 OF THE PENAL LAW AND MAY BE A SECOND HOMICIDE OFFENDER.
  2.  STATEMENT TO BE FILED.  WHEN INFORMATION AVAILABLE TO THE COURT OR
TO THE PEOPLE PRIOR TO SENTENCING FOR THE CRIMES OF MURDER IN THE  FIRST
DEGREE  AS  DEFINED  IN  SECTION  125.27 OF THE PENAL LAW, MURDER IN THE
SECOND DEGREE AS DEFINED IN SECTION 125.25 OF SUCH LAW, MANSLAUGHTER  IN
THE  FIRST  DEGREE  AS  DEFINED  IN  SECTION  125.20  OF  SUCH  LAW,  OR
MANSLAUGHTER IN THE SECOND DEGREE AS DEFINED IN SECTION 125.15  OF  SUCH
LAW,  INDICATES THAT THE DEFENDANT MAY HAVE PREVIOUSLY BEEN SUBJECTED TO
A PREDICATE HOMICIDE CONVICTION, A STATEMENT MUST BE FILED BY THE PROSE-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06804-01-9

S. 1020                             2

CUTOR BEFORE SENTENCE IS IMPOSED SETTING FORTH THE  DATE  AND  PLACE  OF
EACH ALLEGED PREDICATE HOMICIDE CONVICTION.
  3.    PRELIMINARY EXAMINATION.   THE DEFENDANT MUST BE GIVEN A COPY OF
SUCH STATEMENT AND THE COURT MUST ASK HIM WHETHER HE WISHES  TO  CONTRO-
VERT ANY ALLEGATION MADE THEREIN.  IF THE DEFENDANT WISHES TO CONTROVERT
ANY  ALLEGATION IN THE STATEMENT, HE MUST SPECIFY THE PARTICULAR ALLEGA-
TION OR ALLEGATIONS HE WISHES TO CONTROVERT.  UNCONTROVERTED ALLEGATIONS
IN THE STATEMENT SHALL BE DEEMED TO HAVE BEEN ADMITTED BY THE DEFENDANT.
  4.  CASES WHERE FURTHER HEARING IS NOT REQUIRED.  WHERE THE  UNCONTRO-
VERTED  ALLEGATIONS IN THE STATEMENT ARE SUFFICIENT TO SUPPORT A FINDING
THAT THE DEFENDANT HAS BEEN SUBJECTED TO A PREDICATE HOMICIDE CONVICTION
THE COURT MUST ENTER SUCH FINDING.
  5.  CASES WHERE FURTHER HEARING IS  REQUIRED.    WHERE  THE  DEFENDANT
CONTROVERTS  AN ALLEGATION IN THE STATEMENT AND THE UNCONTROVERTED ALLE-
GATIONS IN SUCH STATEMENT ARE NOT SUFFICIENT TO SUPPORT A  FINDING  THAT
THE  DEFENDANT HAS BEEN SUBJECTED TO A PREDICATE HOMICIDE CONVICTION THE
COURT MUST PROCEED TO HOLD A HEARING.
  6.  TIME FOR HEARING.  IN ANY CASE WHERE A COPY OF THE  STATEMENT  WAS
NOT RECEIVED BY THE DEFENDANT AT LEAST TWO DAYS PRIOR TO THE PRELIMINARY
EXAMINATION,  THE  COURT  MUST  UPON  REQUEST  OF THE DEFENDANT GRANT AN
ADJOURNMENT OF AT LEAST TWO DAYS BEFORE PROCEEDING WITH THE HEARING.
  7.  MANNER OF CONDUCTING HEARING.
  (A)  A HEARING PURSUANT TO THIS SECTION MUST BE BEFORE THE COURT WITH-
OUT A JURY.  THE BURDEN OF PROOF IS UPON THE PEOPLE AND A  FINDING  THAT
THE DEFENDANT HAS BEEN SUBJECTED TO A PREDICATE HOMICIDE CONVICTION MUST
BE  BASED  UPON  PROOF  BEYOND A REASONABLE DOUBT BY EVIDENCE ADMISSIBLE
UNDER THE RULES APPLICABLE TO A TRIAL OF THE ISSUE OF GUILT.
  (B)  A PREVIOUS CONVICTION IN THIS OR ANY OTHER JURISDICTION WHICH WAS
OBTAINED IN VIOLATION OF THE RIGHTS OF THE DEFENDANT UNDER THE  APPLICA-
BLE  PROVISIONS  OF  THE  CONSTITUTION  OF THE UNITED STATES MUST NOT BE
COUNTED IN DETERMINING WHETHER THE DEFENDANT HAS  BEEN  SUBJECTED  TO  A
PREDICATE  HOMICIDE  CONVICTION.   THE DEFENDANT MAY, AT ANY TIME DURING
THE COURSE OF  THE  HEARING  HEREUNDER  CONTROVERT  AN  ALLEGATION  WITH
RESPECT  TO  SUCH  CONVICTION  IN  THE STATEMENT ON THE GROUNDS THAT THE
CONVICTION WAS UNCONSTITUTIONALLY OBTAINED.   FAILURE TO  CHALLENGE  THE
PREVIOUS  CONVICTION  IN THE MANNER PROVIDED IN THIS SUBDIVISION CONSTI-
TUTES A WAIVER ON THE  PART  OF  THE  DEFENDANT  OF  ANY  ALLEGATION  OF
UNCONSTITUTIONALITY  UNLESS GOOD CAUSE BE SHOWN FOR SUCH FAILURE TO MAKE
TIMELY CHALLENGE.
  (C)  AT THE CONCLUSION OF THE HEARING THE COURT MUST MAKE A FINDING AS
TO WHETHER OR NOT THE DEFENDANT HAS BEEN SUBJECTED TO A PREDICATE  HOMI-
CIDE CONVICTION.
  8.   SUBSEQUENT USE OF PREDICATE HOMICIDE CONVICTION FINDING.  WHERE A
FINDING HAS BEEN ENTERED PURSUANT TO THIS SECTION, SUCH FINDING SHALL BE
BINDING UPON THAT DEFENDANT IN ANY FUTURE PROCEEDING IN WHICH THE  ISSUE
MAY ARISE.
  S  2.  The  criminal  procedure law is amended by adding a new section
400.18 to read as follows:
S 400.18 PROCEDURE FOR DETERMINING WHETHER DEFENDANT SHOULD BE SENTENCED
           AS A SECOND HOMICIDE OFFENDER.
  1.  APPLICABILITY.  THE PROVISIONS OF THIS SECTION GOVERN  THE  PROCE-
DURE THAT MUST BE FOLLOWED IN ORDER TO IMPOSE THE SECOND HOMICIDE OFFEN-
DER  SENTENCE  AUTHORIZED  BY  SUBDIVISION THREE OF SECTION 70.09 OF THE
PENAL LAW.  SUCH SENTENCE MAY NOT BE IMPOSED UNLESS, BASED UPON EVIDENCE
IN THE RECORD OF A HEARING HELD PURSUANT TO THIS SECTION, THE COURT  (A)
HAS FOUND THAT THE DEFENDANT IS A SECOND HOMICIDE OFFENDER AS DEFINED IN

S. 1020                             3

SUBDIVISION  ONE  OF  SECTION  70.09 OF THE PENAL LAW, AND (B) IS OF THE
OPINION THAT THE HISTORY AND CHARACTER OF THE DEFENDANT AND  THE  NATURE
AND  CIRCUMSTANCES OF HIS CRIMINAL CONDUCT ARE SUCH THAT EXTENDED INCAR-
CERATION  IN  ADDITION  TO  LIFETIME  SUPERVISION  OF  THE DEFENDANT ARE
WARRANTED TO BEST SERVE THE PUBLIC INTEREST.
  2.   AUTHORIZATION FOR HEARING.   WHEN INFORMATION  AVAILABLE  TO  THE
COURT PRIOR TO SENTENCING INDICATES THAT THE DEFENDANT IS A SECOND HOMI-
CIDE  OFFENDER,  AND  WHEN,  IN  THE OPINION OF THE COURT, THE AVAILABLE
INFORMATION SHOWS THAT  A  SECOND  HOMICIDE  OFFENDER  SENTENCE  MAY  BE
WARRANTED,  THE  COURT  MAY ORDER A HEARING TO DETERMINE (A) WHETHER THE
DEFENDANT IS IN FACT A SECOND HOMICIDE OFFENDER, AND (B) IF SO,  WHETHER
A SECOND HOMICIDE OFFENDER SENTENCE SHOULD BE IMPOSED.
  3.  ORDER DIRECTING A HEARING.  AN ORDER DIRECTING A HEARING TO DETER-
MINE  WHETHER  THE  DEFENDANT  SHOULD  BE SENTENCED AS A SECOND HOMICIDE
OFFENDER MUST BE FILED WITH THE CLERK OF THE COURT AND  MUST  SPECIFY  A
DATE  FOR  THE HEARING NOT LESS THAN TWENTY DAYS FROM THE DATE THE ORDER
IS FILED.  THE COURT MUST ANNEX TO AND FILE WITH THE ORDER  A  STATEMENT
SETTING FORTH THE FOLLOWING:
  (A)  THE DATES AND PLACES OF THE PREVIOUS CONVICTIONS WHICH RENDER THE
DEFENDANT  A  SECOND  HOMICIDE OFFENDER AS DEFINED IN SUBDIVISION ONE OF
SECTION 70.09 OF THE PENAL LAW; AND
  (B)   THE FACTORS IN THE DEFENDANT'S  BACKGROUND  AND  PRIOR  CRIMINAL
CONDUCT WHICH THE COURT DEEMS RELEVANT FOR THE PURPOSE OF SENTENCING THE
DEFENDANT AS A SECOND HOMICIDE OFFENDER.
  4.  NOTICE OF HEARING.  UPON RECEIPT OF THE ORDER AND STATEMENT OF THE
COURT,  THE  CLERK  OF  THE  COURT  MUST SEND A NOTICE OF HEARING TO THE
DEFENDANT, HIS COUNSEL AND THE DISTRICT  ATTORNEY.    SUCH  NOTICE  MUST
SPECIFY  THE TIME AND PLACE OF THE HEARING AND THE FACT THAT THE PURPOSE
OF THE HEARING IS TO DETERMINE WHETHER OR NOT THE  DEFENDANT  SHOULD  BE
SENTENCED  AS  A  SECOND HOMICIDE OFFENDER.   EACH NOTICE REQUIRED TO BE
SENT HEREUNDER MUST BE ACCOMPANIED BY A COPY OF  THE  STATEMENT  OF  THE
COURT.
  5.    BURDEN  AND  STANDARD OF PROOF; EVIDENCE.  UPON ANY HEARING HELD
PURSUANT TO THIS SECTION THE BURDEN OF PROOF IS  UPON  THE  PEOPLE.    A
FINDING  THAT THE DEFENDANT IS A SECOND HOMICIDE OFFENDER, AS DEFINED IN
SUBDIVISION ONE OF SECTION 70.09 OF THE PENAL LAW, MUST  BE  BASED  UPON
PROOF  BEYOND  A REASONABLE DOUBT BY EVIDENCE ADMISSIBLE UNDER THE RULES
APPLICABLE TO THE TRIAL OF THE ISSUE OF GUILT.   MATTERS  PERTAINING  TO
THE  DEFENDANT'S  HISTORY AND CHARACTER AND THE NATURE AND CIRCUMSTANCES
OF HIS CRIMINAL CONDUCT MAY BE ESTABLISHED BY ANY RELEVANT EVIDENCE, NOT
LEGALLY PRIVILEGED, REGARDLESS OF ADMISSIBILITY UNDER  THE  EXCLUSIONARY
RULES  OF  EVIDENCE,  AND  THE  STANDARD  OF  PROOF WITH RESPECT TO SUCH
MATTERS SHALL BE A PREPONDERANCE OF THE EVIDENCE.
  6.   CONSTITUTIONALITY OF PRIOR CONVICTIONS.    A  PREDICATE  HOMICIDE
CONVICTION  AS  DEFINED IN SUBDIVISION TWO OF SECTION 70.09 OF THE PENAL
LAW, WHICH WAS OBTAINED IN VIOLATION OF  THE  RIGHTS  OF  THE  DEFENDANT
UNDER THE APPLICABLE PROVISIONS OF THE CONSTITUTION OF THE UNITED STATES
MAY  NOT  BE  COUNTED  IN  DETERMINING WHETHER THE DEFENDANT IS A SECOND
HOMICIDE OFFENDER.  THE DEFENDANT MAY, AT ANY TIME DURING THE COURSE  OF
THE  HEARING  HEREUNDER  CONTROVERT  AN  ALLEGATION WITH RESPECT TO SUCH
CONVICTION IN THE STATEMENT  OF  THE  COURT  ON  THE  GROUNDS  THAT  THE
CONVICTION  WAS  UNCONSTITUTIONALLY OBTAINED.   FAILURE TO CHALLENGE THE
PREVIOUS CONVICTION IN THE MANNER PROVIDED IN THIS  SUBDIVISION  CONSTI-
TUTES  A  WAIVER  ON  THE  PART  OF  THE  DEFENDANT OF ANY ALLEGATION OF
UNCONSTITUTIONALITY UNLESS GOOD CAUSE BE SHOWN FOR SUCH FAILURE TO  MAKE
TIMELY CHALLENGE.

S. 1020                             4

  7.  PRELIMINARY EXAMINATION.  WHEN THE DEFENDANT APPEARS FOR THE HEAR-
ING  THE  COURT MUST ASK HIM WHETHER HE WISHES TO CONTROVERT ANY ALLEGA-
TION MADE IN THE STATEMENT PREPARED BY THE COURT, AND WHETHER HE  WISHES
TO  PRESENT  EVIDENCE  ON  THE  ISSUE OF WHETHER HE IS A SECOND HOMICIDE
OFFENDER  OR ON THE QUESTION OF HIS BACKGROUND AND CRIMINAL CONDUCT.  IF
THE DEFENDANT WISHES TO CONTROVERT ANY ALLEGATION IN  THE  STATEMENT  OF
THE  COURT,  HE MUST SPECIFY THE PARTICULAR ALLEGATION OR ALLEGATIONS HE
WISHES TO CONTROVERT.   IF HE WISHES TO  PRESENT  EVIDENCE  IN  HIS  OWN
BEHALF,  HE  MUST  SPECIFY  THE NATURE OF SUCH EVIDENCE.  UNCONTROVERTED
ALLEGATIONS IN THE STATEMENT OF THE COURT ARE  DEEMED  EVIDENCE  IN  THE
RECORD.
  8.   CASES WHERE FURTHER HEARING IS NOT REQUIRED.  WHERE THE UNCONTRO-
VERTED ALLEGATIONS IN THE STATEMENT  OF  THE  COURT  ARE  SUFFICIENT  TO
SUPPORT  A  FINDING THAT THE DEFENDANT IS A SECOND HOMICIDE OFFENDER AND
THE COURT IS SATISFIED THAT  (A)  THE  UNCONTROVERTED  ALLEGATIONS  WITH
RESPECT TO THE DEFENDANT'S BACKGROUND AND THE NATURE OF HIS PRIOR CRIMI-
NAL CONDUCT WARRANT SENTENCING THE DEFENDANT AS A SECOND HOMICIDE OFFEN-
DER, AND (B) THE DEFENDANT EITHER HAS NO RELEVANT EVIDENCE TO PRESENT OR
THE FACTS WHICH COULD BE ESTABLISHED THROUGH THE EVIDENCE OFFERED BY THE
DEFENDANT  WOULD  NOT AFFECT THE COURT'S DECISION, THE COURT MAY ENTER A
FINDING THAT THE DEFENDANT IS A SECOND HOMICIDE  OFFENDER  AND  SENTENCE
HIM  IN  ACCORDANCE  WITH THE PROVISIONS OF SUBDIVISION THREE OF SECTION
70.09 OF THE PENAL LAW.
  9.  CASES WHERE FURTHER HEARING IS  REQUIRED.    WHERE  THE  DEFENDANT
CONTROVERTS  AN  ALLEGATION IN THE STATEMENT OF THE COURT AND THE UNCON-
TROVERTED ALLEGATIONS IN SUCH STATEMENT ARE NOT SUFFICIENT TO SUPPORT  A
FINDING  THAT  THE DEFENDANT IS A SECOND HOMICIDE OFFENDER AS DEFINED IN
SUBDIVISION ONE OF SECTION 70.09 OF THE PENAL LAW, OR WHERE  THE  UNCON-
TROVERTED  ALLEGATIONS  WITH  RESPECT TO THE DEFENDANT'S HISTORY AND THE
NATURE OF HIS PRIOR CRIMINAL CONDUCT DO NOT WARRANT SENTENCING HIM AS  A
SECOND  HOMICIDE OFFENDER, OR WHERE THE DEFENDANT HAS OFFERED TO PRESENT
EVIDENCE TO ESTABLISH FACTS THAT WOULD AFFECT THE  COURT'S  DECISION  ON
THE   QUESTION  OF  WHETHER  A  SECOND  HOMICIDE  OFFENDER  SENTENCE  IS
WARRANTED, THE COURT MAY FIX A DATE FOR A FURTHER HEARING.  SUCH HEARING
SHALL BE BEFORE THE COURT WITHOUT A JURY AND EITHER PARTY MAY  INTRODUCE
EVIDENCE  WITH  RESPECT  TO  THE  CONTROVERTED  ALLEGATIONS OR ANY OTHER
MATTER RELEVANT TO THE ISSUE OF WHETHER OR NOT THE DEFENDANT  SHOULD  BE
SENTENCED AS A SECOND HOMICIDE OFFENDER.  AT THE CONCLUSION OF THE HEAR-
ING  THE COURT MUST MAKE A FINDING AS TO WHETHER OR NOT THE DEFENDANT IS
A SECOND HOMICIDE OFFENDER AND, UPON A FINDING THAT  HE  IS  SUCH,  MUST
THEN  MAKE SUCH FINDINGS OF FACT AS IT DEEMS RELEVANT TO THE QUESTION OF
WHETHER A SECOND HOMICIDE OFFENDER SENTENCE IS WARRANTED.  IF THE  COURT
BOTH  FINDS  THAT  THE DEFENDANT IS A SECOND HOMICIDE OFFENDER AND IS OF
THE OPINION THAT A SECOND HOMICIDE OFFENDER SENTENCE  IS  WARRANTED,  IT
MAY SENTENCE THE DEFENDANT IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVI-
SION THREE OF SECTION 70.09 OF THE PENAL LAW.
  10.    TERMINATION  OF HEARING.   AT ANY TIME DURING THE PENDENCY OF A
HEARING PURSUANT TO THIS SECTION, THE  COURT  MAY,  IN  ITS  DISCRETION,
TERMINATE  THE HEARING WITHOUT MAKING ANY FINDING.  IN SUCH CASE, UNLESS
THE COURT RECOMMENCES THE PROCEEDINGS AND MAKES THE NECESSARY  FINDINGS,
THE DEFENDANT MAY NOT BE SENTENCED AS A SECOND HOMICIDE OFFENDER.
  S  3.  Section 400.22 of the criminal procedure law is amended to read
as follows:
S 400.22  Evidence of imprisonment.
  The certificate  of  the  commissioner  of  [correction]  CORRECTIONAL
SERVICES  or  of  the warden or other chief officer of any prison, or of

S. 1020                             5

the superintendent or other chief officer of any penitentiary under  the
seal  of  his office containing name of person, a statement of the court
in which conviction was had, the date and term of  sentence,  length  of
time  imprisoned,  and  date  of  discharge from prison or penitentiary,
shall be prima facie evidence of the imprisonment and discharge  of  any
person under the conviction stated and set forth in such certificate for
the purposes of any proceeding under section 400.17 OR 400.20.
  S  4.   The penal law is amended by adding a new section 70.09 to read
as follows:
S 70.09 SENTENCE OF IMPRISONMENT FOR A SECOND HOMICIDE OFFENDER.
  1. DEFINITION OF A SECOND HOMICIDE OFFENDER. A SECOND HOMICIDE  OFFEN-
DER  IS  A  PERSON  WHO  STANDS  CONVICTED  OF ANY OFFENSE DEFINED UNDER
SECTION 125.27, 125.25, 125.20 OR 125.15 OF THIS  CHAPTER  AFTER  HAVING
PREVIOUSLY BEEN SUBJECT TO A PREDICATE HOMICIDE CONVICTION.
  2.  PREDICATE  HOMICIDE  CONVICTION.  FOR  THE PURPOSES OF DETERMINING
WHETHER A PRIOR  CONVICTION  IS  A  PREDICATE  HOMICIDE  CONVICTION  THE
CONVICTION  MUST  HAVE  BEEN  IN  THIS  STATE  OF A FELONY AS DEFINED IN
SECTION 125.27, 125.25, 125.20 OR 125.15 OF THIS CHAPTER.
  3. AUTHORIZED SENTENCE. WHEN THE COURT  HAS  FOUND,  PURSUANT  TO  THE
PROVISIONS  OF  THE  CRIMINAL  PROCEDURE  LAW, THAT A PERSON IS A SECOND
HOMICIDE OFFENDER THE COURT MUST IMPOSE  AN  INDETERMINATE  SENTENCE  OF
IMPRISONMENT.  THE  MAXIMUM TERM OF SUCH SENTENCE MUST BE LIFE IMPRISON-
MENT AND THE MINIMUM PERIOD OF IMPRISONMENT UNDER SUCH SENTENCE MUST  BE
CONSECUTIVE  TO  ANY OTHER SENTENCE IMPOSED BY LAW AND SHALL BE FIXED BY
THE COURT IN ACCORDANCE WITH SUBDIVISION FOUR OF THIS SECTION.
  4. MINIMUM PERIOD OF IMPRISONMENT. THE MINIMUM PERIOD OF  IMPRISONMENT
UNDER  AN  INDETERMINATE SENTENCE FOR A SECOND HOMICIDE OFFENDER MUST BE
FIXED BY THE COURT AS FOLLOWS:
  (A) FOR A CLASS A-I FELONY, THE TERM MUST BE AT LEAST THIRTY YEARS AND
MUST NOT EXCEED FIFTY YEARS;
  (B) FOR A CLASS B FELONY, THE TERM MUST BE AT LEAST FIFTEEN YEARS  AND
MUST NOT EXCEED THIRTY YEARS;
  (C) FOR A CLASS C FELONY, THE TERM MUST BE AT LEAST TEN YEARS AND MUST
NOT EXCEED TWENTY YEARS.
  S  5.    This  act  shall  take  effect  on the first of November next
succeeding the date on which it shall have become a law and shall  apply
to offenses committed on or after such date.

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Senate Bill S1020

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

2009-S1020 (ACTIVE) - Details

2009-S1020 (ACTIVE) - Summary

2009-S1020 (ACTIVE) - Sponsor Memo

2009-S1020 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1020

Share this bill

Sponsored By

Carl Kruger

Archive: Last Bill Status - In Senate Committee Codes Committee

2009-S1020 (ACTIVE) - Details

2009-S1020 (ACTIVE) - Summary

2009-S1020 (ACTIVE) - Sponsor Memo

2009-S1020 (ACTIVE) - Bill Text download pdf

Comments