NY State Senate Bill 2017-S6846

Archive: Last Bill Status - In Senate Committee Rules 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 20, 2018	recommitted to rules
Apr 30, 2018	ordered to third reading cal.877 committee discharged and committed to rules
Jan 03, 2018	referred to codes
Aug 07, 2017	referred to rules

Votes

- Apr 30, 2018 - Rules Committee Vote
  S6846
  
  13
  
  Aye
  
  11
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Apr 30, 2018
      
      aye (13)
      
      Bonacic
      
      DeFrancisco
      
      Flanagan
      
      Griffo
      
      Hannon
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Ranzenhofer
      
      Robach
      
      Seward
      
      nay (11)
      
      Breslin
      
      Dilan
      
      Gianaris
      
      Kennedy
      
      Krueger
      
      Montgomery
      
      Parker
      
      Rivera
      
      Savino
      
      Stewart-Cousins
      
      Valesky
      
      aye wr (1)
      
      Klein

2017-S6846 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §400.27, CP L

2017-S6846 (ACTIVE) - Summary

Relates to capital punishment.

2017-S6846 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6846

 TITLE OF BILL :  An act to amend the criminal procedure law, in
relation to capital punishment

 PURPOSE OR GENERAL IDEA OF BILL :

The bill addresses the recent Court of appeals decision in People v
LaValle, 3 N. Y.3d 88 (2004), 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 permissible
sentencing options), the defendant will be sentenced to life
imprisonment without parole.

Section 3 of the bill would amend subdivision 11 of section 400.27 of
the Criminal Procedure Law to conform to sections 1 and 2 of the bill.

Section 4 of the bill contains a severability clause.

Section 5 of the bill provides that this act shall take effect
immediately, and shall apply to crimes committed prior to, on or after
the effective date of this act.

 EXISTING LAW :

The current deadlock instruction prescribed in Criminal Procedure Law
section 400 27(10) was held to be unconstitutional by the Court of
Appeals in People v La Valle.

 JUSTIFICATION :

The Court of Appeals, in People v LaValle, 3 N.Y.3d 88 (2004), held
that the jury instruction in a capital case which informs the jury
that in the case of a jury deadlock the defendant is automatically
sentenced to an indeterminate sentence with a minimum term of between
20 and 25 years, and a maximum term of life imprisonment,
impermissibly inserts concern regarding the defendant's future
dangerousness into the jury deliberations, and thereby potentially
coerces a juror, who might prefer a sentence of life without parole,
to vote instead for a sentence of death so as to preclude the
defendant's future release, The Court of Appeals further held that the
Due Process Clause of the New York State Constitution requires that
the jury be instructed as to the consequences of a deadlock in their
sentencing deliberations.

This bill would remedy the Court of Appeals' concern regarding
coercion by mandating a sentence of life without parole if the
sentencing jury deadlocks, thereby eliminating the possibility that a
defendant in such a case could ever be released, Therefore, a juror
who, in good conscience, believed that death was not an appropriate
sentence in such a case could not be coerced into voting for death out
of fear of the defendant's release. Moreover, the Court's requirement
that the sentencing jury be informed of the result of their inability
to reach a unanimous sentencing verdict is met by adapting the
existing instruction to reflect the new jury default sentence of life
without parole.

 PRIOR LEGISLATIVE HISTORY :

2009-2010: S.2235 - Referred to Codes
2007-08: S.4632 - Passed the Senate both years
2005-06: S.2727 - Passed the Senate both years
2004: S.7720 - Passed the Senate

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect immediately, and shall apply to crimes
committed prior to, on or after the effective date of this act.

2017-S6846 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6846
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              August 7, 2017
                                ___________
 
 Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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.
   § 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.

                                                            LBD13352-01-7

 S. 6846                             2
 
 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 wheth-
 er  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] WHETHER OR NOT  A  SENTENCE  TO  A
 TERM  OF  IMPRISONMENT WITH A MINIMUM TERM OF BETWEEN TWENTY AND TWENTY-
 FIVE YEARS, TO BE DETERMINED BY THE COURT, AND A MAXIMUM  TERM  OF  LIFE
 IMPRISONMENT SHOULD BE IMPOSED.
   (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
 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 LIFE IMPRISONMENT WITHOUT PAROLE.
   (C)  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 OF
 THIS CHAPTER SHALL GOVERN THE DELIBERATIONS OF THE JURY.
   § 3. Subdivision 11 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:
   11. (a) The jury may not direct imposition  of  a  sentence  of  death
 unless it unanimously finds beyond a reasonable doubt that the aggravat-
 ing  factor  or  factors substantially outweigh the mitigating factor or
 factors established, if any, and unanimously determines that the penalty
 of death should be imposed. Any member or members of the jury who find a
 mitigating factor to have been proven by the defendant by  a  preponder-
 ance  of the evidence may consider such factor established regardless of
 the number of jurors who concur that the factor has been established.
   (b) If the jury directs imposition of [either]  a  sentence  of  death
 [or], A SENTENCE OF life imprisonment without parole, OR A SENTENCE TO A
 TERM  OF  IMPRISONMENT WITH A MINIMUM TERM OF BETWEEN TWENTY AND TWENTY-
 FIVE YEARS, TO BE DETERMINED BY THE COURT, AND A MAXIMUM  TERM  OF  LIFE
 IMPRISONMENT, it shall specify on the record those mitigating and aggra-
 vating  factors  considered  and those mitigating factors established by
 the defendant, if any.
   (c) With respect to a count or concurrent  counts  of  murder  in  the
 first  degree,  the court may direct the jury to cease deliberation with
 respect to the sentence or sentences to  be  imposed  if  the  jury  has
 deliberated  for  an extensive period of time without reaching unanimous
 agreement on the sentence or sentences to be imposed and  the  court  is
 satisfied  that any such agreement is unlikely within a reasonable time.
 The provisions of this paragraph shall apply with respect to consecutive
 counts of murder in the first degree. In the event the jury is unable to
 reach unanimous agreement, the court  must  sentence  the  defendant  in
 accordance  with  [subdivisions  one  through three] SUBDIVISION FIVE of
 section 70.00 of the penal law with respect to any count  or  counts  of
 murder in the first degree upon which the jury failed to reach unanimous
 agreement as to the sentence to be imposed.

 S. 6846                             3
 
   (d) If the jury unanimously determines that a sentence of death should
 be  imposed, the court must thereupon impose a sentence of death. There-
 after, however, the court may, upon written motion of the defendant, set
 aside the sentence of death upon any of the grounds set forth in section
 330.30  OF THIS CHAPTER. The procedures set forth in sections 330.40 and
 330.50 OF THIS CHAPTER, as applied to  separate  sentencing  proceedings
 under  this section, shall govern the motion and the court upon granting
 the motion shall, except as may otherwise be required by subdivision one
 of section 330.50 OF THIS CHAPTER, direct a  new  sentencing  proceeding
 pursuant  to  this  section.    Upon granting the motion upon any of the
 grounds set forth in section 330.30 OF THIS CHAPTER  and  setting  aside
 the  sentence,  the  court must afford the people a reasonable period of
 time, which shall not be less than ten days,  to  determine  whether  to
 take  an  appeal from the order setting aside the sentence of death. The
 taking of an appeal by  the  people  stays  the  effectiveness  of  that
 portion of the court's order that directs a new sentencing proceeding.
   (e)  If the jury unanimously determines that a sentence of life impri-
 sonment without parole should  be  imposed,  the  court  must  thereupon
 impose a sentence of life imprisonment without parole.
   (E-1)  IF THE JURY UNANIMOUSLY DETERMINES THAT A SENTENCE TO A TERM OF
 IMPRISONMENT WITH A MINIMUM  TERM  OF  BETWEEN  TWENTY  AND  TWENTY-FIVE
 YEARS,  TO BE DETERMINED BY THE COURT, AND A MAXIMUM TERM OF LIFE IMPRI-
 SONMENT  SHOULD  BE  IMPOSED,  THE  COURT  MUST  THEREUPON  IMPOSE  SUCH
 SENTENCE.
   (f)  Where  a  sentence has been unanimously determined by the jury it
 must be recorded on the minutes and read to the  jury,  and  the  jurors
 must  be  collectively asked whether such is their sentence. Even though
 no juror makes any declaration in the negative, the jury must, if either
 party makes such an application, be polled  and  each  juror  separately
 asked  whether  the sentence announced by the foreman is in all respects
 his or her sentence. If, upon either  the  collective  or  the  separate
 inquiry,  any  juror  answers  in the negative, the court must refuse to
 accept the sentence and must direct the jury to resume its deliberation.
 If no disagreement is expressed, the jury must be  discharged  from  the
 case.
   §  4.  Severability.  If any clause, sentence, paragraph, subdivision,
 section or part of this act shall be adjudged by any court of  competent
 jurisdiction  to  be invalid, such judgment shall not affect, impair, or
 invalidate the remainder thereof, but shall be confined in its operation
 to the clause, sentence, paragraph, subdivision, section or part thereof
 directly involved in the controversy in which such judgment  shall  have
 been rendered. It is hereby declared to be the intent of the legislature
 that  this  act  would have been enacted even if such invalid provisions
 had not been included therewith.
   § 5. This act shall take effect immediately, and shall apply to crimes
 committed prior to, on or after the effective date of this act.

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Senate Bill S6846

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Apr 30, 2018 - Rules Committee Vote

Rules Committee Vote: Apr 30, 2018

2017-S6846 (ACTIVE) - Details

2017-S6846 (ACTIVE) - Summary

2017-S6846 (ACTIVE) - Sponsor Memo

2017-S6846 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6846

Share this bill

Sponsored By

Martin J. Golden

Archive: Last Bill Status - In Senate Committee Rules Committee

2017-S6846 (ACTIVE) - Details

2017-S6846 (ACTIVE) - Summary

2017-S6846 (ACTIVE) - Sponsor Memo

2017-S6846 (ACTIVE) - Bill Text download pdf

Comments