Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 28, 2014 |
held for consideration in codes |
Jan 08, 2014 |
referred to codes |
May 17, 2013 |
print number 5390a |
May 17, 2013 |
amend and recommit to codes |
Feb 25, 2013 |
referred to codes |
Assembly Bill A5390A
2013-2014 Legislative Session
Sponsored By
KOLB
Archive: Last Bill Status - In Assembly 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
Bill Amendments
co-Sponsors
James Tedisco
multi-Sponsors
William A. Barclay
2013-A5390 - Details
2013-A5390 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5390 2013-2014 Regular Sessions I N A S S E M B L Y February 25, 2013 ___________ Introduced by M. of A. KOLB, TEDISCO -- Multi-Sponsored by -- M. of A. BARCLAY -- 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. S 2. Subdivision 10 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: 10. (A) At the conclusion of all the evidence, the people and the defendant may present argument in summation for or against the sentence sought by the people. The people may deliver the first summation and the defendant may then deliver the last summation. Thereafter, the court shall deliver a charge to the jury on any matters appropriate in the EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09192-01-3
co-Sponsors
James Tedisco
multi-Sponsors
William A. Barclay
2013-A5390A (ACTIVE) - Details
2013-A5390A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5390--A 2013-2014 Regular Sessions I N A S S E M B L Y February 25, 2013 ___________ Introduced by M. of A. KOLB, TEDISCO -- Multi-Sponsored by -- M. of A. BARCLAY -- read once and referred to the Committee on Codes -- commit- tee discharged, bill amended, ordered reprinted as amended and recom- mitted to said committee 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 10 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: 10. (A) At the conclusion of all the evidence, the people and the defendant may present argument in summation for or against the sentence sought by the people. The people may deliver the first summation and the defendant may then deliver the last summation. Thereafter, the court shall deliver a charge to the jury on any matters appropriate in the circumstances. In its charge, the court must instruct the jury that with respect to each count of murder in the first degree the jury should consider whether [or not] a sentence of death should be imposed [and] OR whether or not a sentence of life imprisonment without parole should be imposed[, and that the jury must be unanimous with respect to either sentence. The court must also instruct the jury that in the event the jury fails to reach unanimous agreement with respect to the sentence, the court will sentence the defendant to a term of imprisonment with a minimum term of between twenty and twenty-five years and a maximum term of life. Following the court's charge, the jury shall retire to consider the sentence to be imposed. Unless inconsistent with the provisions of this section, the provisions of sections 310.10, 310.20 and 310.30 shall govern the deliberations of the jury]. (B) THE COURT MUST INSTRUCT THE JURY THAT THE JURY MUST BE UNANIMOUS WITH RESPECT TO THE SENTENCE TO BE IMPOSED. THE COURT MUST ALSO INSTRUCT EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09192-02-3
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