Senate Bill S1432

2015-2016 Legislative Session

Alters procedures relating to sentencing procedures and jury charges in capital cases

download bill text pdf

Sponsored By

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

Do you support this bill?

Please enter your contact information

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

co-Sponsors

2015-S1432 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง400.27, CP L
Versions Introduced in Other Legislative Sessions:
2011-2012: S4746
2013-2014: S3645

2015-S1432 (ACTIVE) - Summary

Amends the sentencing procedures and jury charges in capital cases.

2015-S1432 (ACTIVE) - Sponsor Memo

2015-S1432 (ACTIVE) - Bill Text download pdf

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

                                  1432

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 12, 2015
                               ___________

Introduced  by  Sens.  O'MARA, GOLDEN -- read twice and ordered printed,
  and when printed to be committed 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 SUBPARAGRAPHS (I), (III) OR (XIII) OF
PARAGRAPH (A) OF SUBDIVISION ONE OF 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07379-01-5
              

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.