BILL NUMBER: S8540

SPONSOR: SERINO
 
TITLE OF BILL:  An act to amend the penal law, in relation to consec-
utive sentencing for certain convictions

 
PURPOSE:

To authorize the imposition of consecutive sentences of imprisonment in
certain cases for homicide related offenses against more than one person
that are committed in a single act.

 
SUMMARY OF PROVISIONS:

Section 1: Amends the penal law to authorize consecutive sentences if a
person is convicted under Article 125 of the penal law while under
supervised or conditional release, probation or parole at the time of
the act and such act results in multiple victims who each sustain seri-
ous physical injury or death.

Section 2: Provides the effective date.
              

 
EXISTING LAW:

Under current law, sentencing runs concurrently, regardless of the
number of victims killed in a single act.

 
JUSTIFICATION:

On August 1, 2012, a car carrying two children, aged 8- and 7-years old,
and their parents was hit when a parole violator ran a red light in an
effort to escape from the police, resulting in the death of both parents
and sending the two children to the hospital. The defendant pleaded
guilty to two counts of second-degree manslaughter and was sentenced to
six-and-a-half to thirteen-year jail sentences for both counts. However,
due to current New York State law, the judge had no option but to allow
both sentences to be served concurrently, despite the fact that his
crime claimed the lives of two individuals.

This bill would grant judges the discretion to authorize sentences to
run consecutively in limited cases where the defendant is convicted of
homicide or another related charge while under supervised or conditional
release, probation or parole at the time of the act and such act results
in multiple victims who each sustain serious physical injury or death.
Although it was a single act that took the lives of both parents, judges
should have the discretion to let the punishment fit the crime, and
sentences should appropriately account for the damages and suffering
caused by these malicious or criminally reckless acts.

 
LEGISLATIVE HISTORY:

Similar to S2159, which passed the Senate in 2017. Previous versions
passed in 2016, 2015 and 2014.

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding the
date on which it shall have become law.