S T A T E   O F   N E W   Y O R K
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     S. 4354                                                  A. 6483
 
                        2019-2020 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                               March 8, 2019
                                ___________
 
 IN  SENATE  --  Introduced  by  Sens.  LAVALLE,  FUNKE, HELMING, O'MARA,
   RANZENHOFER, SEWARD, TEDISCO, YOUNG -- read twice and ordered printed,
   and when printed to be committed to the Committee  on  Crime  Victims,
   Crime and Correction
 
 IN  ASSEMBLY  --  Introduced  by M. of A. THIELE, PALMESANO, MAGNARELLI,
   STIRPE, FINCH, KOLB, WOERNER, RAIA, BRABENEC, RA,  GIGLIO,  GARBARINO,
   CROUCH,  LALOR,  LAWRENCE,  PALUMBO, HAWLEY, FITZPATRICK, BLANKENBUSH,
   STEC, GOODELL, DiPIETRO, RYAN, DILAN, COLTON, JONES -- Multi-Sponsored
   by -- M. of A. BARCLAY, BYRNE, FRIEND, JOHNS, MALLIOTAKIS,  McDONOUGH,
   B. MILLER,  M. L. MILLER,  MONTESANO,  MORINELLO, NORRIS, SCHIMMINGER,
   WALSH -- read once and referred to the Committee on Correction
 
 AN ACT to amend the executive law, in relation  to  the  time  in  which
   reconsideration  for  parole  shall  be  determined  in  the  case  of
   convictions for murder in the first  degree,  aggravated  murder,  and
   murder in the second degree, where a sentence other than death or life
   imprisonment without parole is imposed
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. This act shall be known and may  be  cited  as  "Lorraine's
 Law".
   § 2. Legislative findings and intent. This legislation is named in the
 memory  of  Lorraine  Miranda  who was a native of Shirley, Long Island.
 Despite being afflicted with Cerebral Palsy,  she  graduated  from  high
 school,  moved  to Staten Island, New York and worked tirelessly to help
 disabled children at the Port Richmond branch of United  Cerebral  Palsy
 of  New  York  while attending college at night. She was engaged and was
 planning her wedding. In a tragic turn, Lorraine  Miranda  was  brutally
 murdered  by her fiancee on December 5, 1988. She was only 24 years old.
 Her killer was sentenced to 15 years to life in prison. He became eligi-
 ble for parole in 2003 and has since been denied seven times.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03177-01-9

 S. 4354                             2                            A. 6483
 
   Currently when parole is denied, the Parole Board has  the  discretion
 to  set  the date for reconsideration for parole for any date within two
 years of the denial of parole. In many cases, especially those involving
 heinous acts of murder in  the  first  degree,  aggravated  murder,  and
 murder  in  the  second  degree,  parole  will be denied numerous times.
 However, each time an inmate is  considered  for  parole,  the  victim's
 family  must  relive  the horror of the crime for the sake of impressing
 upon the Parole Board the inappropriateness of early  release.  Lorraine
 Miranda's  mother,  who  has  been  diagnosed with post-traumatic stress
 syndrome, has stated that the agony of  reliving  her  daughter's  death
 every  24  months is unbearable and is a major trigger of panic symptoms
 which interfere with her quality of life.
   It is not the intent of "Lorraine's Law" to in any way  infringe  upon
 the Parole Board's ability to allow for the current 24-month reconsider-
 ation period. It merely provides another option for the board to consid-
 er if it is apparent that nothing could transpire in the next five years
 that  would  cause  them  to render a different opinion regarding parole
 release. Only in these cases would the board have the ability to set the
 date for reconsideration anywhere between 24-months and 60-months  which
 would  afford  grieving families a greater period of peace before having
 to testify at the next parole hearing.
   § 3. Subparagraph (i) of paragraph (a) of  subdivision  2  of  section
 259-i of the executive law, as amended by section 38-f-1 of subpart A of
 part C of chapter 62 of the laws of 2011, is amended to read as follows:
   (i)  Except  as  provided  in  subparagraph (ii) of this paragraph, at
 least one month prior to the date on which  an  inmate  may  be  paroled
 pursuant  to subdivision one of section 70.40 of the penal law, a member
 or members as determined by the rules  of  the  board  shall  personally
 interview  such inmate and determine whether he OR SHE should be paroled
 in accordance with the guidelines adopted pursuant to  subdivision  four
 of  section  two  hundred fifty-nine-c of this article. If parole is not
 granted upon such review, the inmate shall be informed in writing within
 two weeks of such appearance of the factors and reasons for such  denial
 of  parole.  Such reasons shall be given in detail and not in conclusory
 terms. The board shall specify a date not more than  twenty-four  months
 from  such  determination  for reconsideration, and the procedures to be
 followed upon reconsideration shall be the same, HOWEVER IN THE CASE  OF
 A  DEFENDANT  SENTENCED  FOR AN ELIGIBLE CLASS A FELONY, THE BOARD SHALL
 SPECIFY A DATE NOT MORE THAN SIXTY MONTHS FROM  SUCH  DETERMINATION  FOR
 RECONSIDERATION  AND  THE  PROCEDURES TO BE FOLLOWED FOR RECONSIDERATION
 SHALL BE THE SAME. FOR THE PURPOSES OF THIS SECTION AN "ELIGIBLE CLASS A
 FELONY" SHALL MEAN A CONVICTION FOR THE CLASS A-I FELONIES OF: MURDER IN
 THE FIRST DEGREE AS DEFINED IN SECTION 125.27 OF THE PENAL LAW  WHERE  A
 SENTENCE  OTHER  THAN  DEATH  OR  LIFE  IMPRISONMENT  WITHOUT  PAROLE IS
 IMPOSED; AGGRAVATED MURDER AS DEFINED IN SECTION 125.26 OF THE PENAL LAW
 WHERE A SENTENCE OTHER THAN DEATH OR LIFE IMPRISONMENT WITHOUT PAROLE IS
 IMPOSED; AND MURDER IN THE SECOND DEGREE AS DEFINED IN SECTION 125.25 OF
 THE PENAL LAW WHERE A SENTENCE  OTHER  THAN  LIFE  IMPRISONMENT  WITHOUT
 PAROLE  IS IMPOSED.  If the inmate is released, he OR SHE shall be given
 a copy of the conditions of parole. Such conditions shall  where  appro-
 priate,  include a requirement that the parolee comply with any restitu-
 tion order, mandatory surcharge, sex offender registration fee  and  DNA
 databank  fee  previously  imposed  by a court of competent jurisdiction
 that applies to the parolee. The conditions shall indicate which  resti-
 tution  collection agency established under subdivision eight of section
 420.10  of  the  criminal  procedure  law,  shall  be  responsible   for

 S. 4354                             3                            A. 6483
 
 collection  of  restitution, mandatory surcharge, sex offender registra-
 tion fees and DNA databank fees as provided for in section 60.35 of  the
 penal  law  and section eighteen hundred nine of the vehicle and traffic
 law.
   §  4. Paragraph (a) of subdivision 2 of section 259-i of the executive
 law, as amended by section 38-f-2 of subpart A of part C of  chapter  62
 of the laws of 2011, is amended to read as follows:
   (a)  At  least one month prior to the expiration of the minimum period
 or periods of imprisonment fixed by the court  or  board,  a  member  or
 members  as determined by the rules of the board shall personally inter-
 view an inmate serving an indeterminate sentence and  determine  whether
 he  OR  SHE should be paroled at the expiration of the minimum period or
 periods in accordance with the procedures adopted pursuant  to  subdivi-
 sion four of section two hundred fifty-nine-c OF THIS ARTICLE. If parole
 is not granted upon such review, the inmate shall be informed in writing
 within  two weeks of such appearance of the factors and reasons for such
 denial of parole. Such reasons shall be  given  in  detail  and  not  in
 conclusory  terms.  The board shall specify a date not more than twenty-
 four months from such determination for reconsideration, and the  proce-
 dures  to be followed upon reconsideration shall be the same, HOWEVER IN
 THE CASE OF A DEFENDANT SENTENCED FOR AN ELIGIBLE CLASS  A  FELONY,  THE
 BOARD SHALL SPECIFY A DATE NOT MORE THAN SIXTY MONTHS FROM SUCH DETERMI-
 NATION FOR RECONSIDERATION, AND THE PROCEDURES TO BE FOLLOWED FOR RECON-
 SIDERATION  SHALL  BE  THE  SAME.  FOR  THE  PURPOSES OF THIS SECTION AN
 "ELIGIBLE CLASS A FELONY" SHALL MEAN A  CONVICTION  FOR  THE  CLASS  A-I
 FELONIES  OF: MURDER IN THE FIRST DEGREE AS DEFINED IN SECTION 125.27 OF
 THE PENAL LAW WHERE A SENTENCE OTHER THAN  DEATH  OR  LIFE  IMPRISONMENT
 WITHOUT  PAROLE  IS  IMPOSED;  AGGRAVATED  MURDER  AS DEFINED IN SECTION
 125.26 OF THE PENAL LAW WHERE A SENTENCE OTHER THAN DEATH OR LIFE IMPRI-
 SONMENT WITHOUT PAROLE IS IMPOSED; AND MURDER IN THE  SECOND  DEGREE  AS
 DEFINED  IN  SECTION 125.25 OF THE PENAL LAW WHERE A SENTENCE OTHER THAN
 LIFE IMPRISONMENT WITHOUT PAROLE IS IMPOSED.  If the inmate is released,
 he OR SHE shall be given a copy of the conditions of parole. Such condi-
 tions shall where appropriate, include a requirement  that  the  parolee
 comply  with  any  restitution  order and mandatory surcharge previously
 imposed by a court of competent jurisdiction that applies to  the  paro-
 lee.  The  conditions shall indicate which restitution collection agency
 established under subdivision eight of section 420.10  of  the  criminal
 procedure  law,  shall  be responsible for collection of restitution and
 mandatory surcharge as provided for in section 60.35 of  the  penal  law
 and section eighteen hundred nine of the vehicle and traffic law.
   §  5.  This  act  shall take effect immediately and shall apply to all
 future and currently incarcerated individuals sentenced for an  eligible
 class  A  felony;  provided  that  the amendments to subparagraph (i) of
 paragraph (a) of subdivision 2 of section 259-i  of  the  executive  law
 made by section three of this act shall be subject to the expiration and
 reversion  of  such paragraph pursuant to subdivision d of section 74 of
 chapter 3 of the laws of 1995, as  amended,  when  upon  such  date  the
 provisions of section four of this act shall take effect.