Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2010 |
referred to codes |
Apr 28, 2009 |
considered by committee - defeated |
Apr 06, 2009 |
motion to discharge filed |
Feb 13, 2009 |
referred to codes |
Senate Bill S2235
2009-2010 Legislative Session
Sponsored By
(R) Senate District
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
Actions
co-Sponsors
(R, IP) Senate District
(R, C, IP) Senate District
(R) Senate District
(R, C) 53rd Senate District
2009-S2235 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A5465
- Current Committee:
- Senate Codes
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd ยง400.27, CP L
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
A6525
2013-2014: A5390
2009-S2235 (ACTIVE) - Sponsor Memo
BILL NUMBER: S2235 TITLE OF BILL : An act to amend the criminal procedure law, in relation to capital punishment PURPOSE : The bill addresses the recent Court of appeals decision in PEOPLE V. LAVALLE by mandating that those convicted of first degree murder be unanimously sentenced by a jury to death, life imprisonment without parole, or an indeterminate sentence with a minimum term of between 20 and 25 years, to be determined by the court, and a maximum term of life imprisonment. If a jury is unable to unanimously agree upon any of the aforementioned permissible sentences, then the defendant will be sentenced to a term of life imprisonment without parole. SUMMARY OF PROVISIONS : Sections 1 and 2 of the bill would amend Subdivisions 1 and 10 of Section 400.27 of the Criminal Procedure Law to include, among the list of sentences the jury is permitted to impose following a conviction of Murder in the First Degree, an indeterminate sentence with a minimum term of between 20 and 25 years, to be determined by the court, and a maximum term of life imprisonment. Section 2 also provides that the jury will be instructed that in the case of a jury deadlock (the jury is unable to unanimously agree on any of the three
2009-S2235 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ S. 2235 A. 5465 2009-2010 Regular Sessions S E N A T E - A S S E M B L Y February 13, 2009 ___________ IN SENATE -- Introduced by Sens. VOLKER, ALESI, FUSCHILLO, GRIFFO, O. JOHNSON, LANZA, LARKIN, LAVALLE, MAZIARZ, SALAND, SEWARD, SKELOS, STACHOWSKI, WINNER -- read twice and ordered printed, and when printed to be committed to the Committee on Codes IN ASSEMBLY -- Introduced by M. of A. KOLB, TEDISCO, BURLING, CALHOUN, ERRIGO -- Multi-Sponsored by -- M. of A. BARCLAY, MOLINARO -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to capital punishment THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 400.27 of the criminal procedure law, as added by chapter 1 of the laws of 1995, is amended to read as follows: 1. Upon [the] conviction of a defendant for the offense of murder in the first degree as defined by section 125.27 of the penal law, the court shall promptly conduct a separate sentencing proceeding to deter- mine whether the defendant shall be sentenced to death [or], to life imprisonment without parole pursuant to subdivision five of section 70.00 of the penal law, OR TO A SENTENCE OF IMPRISONMENT FOR THE CLASS A-I FELONY OF MURDER IN THE FIRST DEGREE OTHER THAN A SENTENCE OF LIFE IMPRISONMENT WITHOUT PAROLE. Nothing in this section shall be deemed to preclude the people at any time from determining that the death penalty shall not be sought in a particular case, in which case the separate sentencing proceeding shall not be conducted and the court may sentence such defendant to life imprisonment without parole or to a sentence of imprisonment for the class A-I felony of murder in the first degree other than a sentence of life imprisonment without parole. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02096-01-9 S. 2235 2 A. 5465
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