NY State Senate Bill 2019-S1252

Senate Bill S1252

2019-2020 Legislative Session

Permits sentences for two or more crimes committed through a single act to run consecutively when one of such crimes is a homicide

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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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to codes
Jan 11, 2019	referred to codes

co-Sponsors

2019-S1252 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §70.25, Pen L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7482
2015-2016: S3694
2017-2018: S2159
2021-2022: S2947

2019-S1252 (ACTIVE) - Summary

Permits sentences for two or more crimes to run consecutively, when one of such crimes is a homicide.

2019-S1252 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1252

SPONSOR: SERINO
 
TITLE OF BILL:

An act to amend the penal law, in relation to consecutive sentences for
homicide offenses

 
PURPOSE:

This bill authorizes the imposition of consecutive sentences of impri-
sonment for homicide 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
one or more of the sentences are for homicide and a separate person is
the victim of each offense.

Section 2: Provides an 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 and their parents was hit
when a parole violator ran a red light in an effort to escape from the
police. The accident resulted in the death of both parents.  The defend-
ant pleaded guilty to two counts of second-degree manslaughter. He faced
a maximum sentence of seven to fifteen years in prison. As a result of
the current law, the judge was mandated to sentence the defendant to
concurrent terms, even though he took the lives of two individuals.

This bill will authorize judges to impose sentences that run consec-
utively for assault and homicide convictions when the single act
involves two or more victims. This will help to ensure that the extent
of a defendant's sentence will directly and appropriately relate to the
amount of suffering he or she has caused to society.

 
LEGISLATIVE HISTORY:

2017-18: S2159 Passed Senate/Referred to Codes
2015-16: S.3694-A Passed Senate
2014: S.7482 Passed Senate

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
The first of November after enactment.

2019-S1252 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1252
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2019
                                ___________
 
 Introduced  by  Sens.  SERINO, AKSHAR -- read twice and ordered printed,
   and when printed to be committed to the Committee on Codes
 
 AN ACT to amend the penal law, in relation to consecutive sentences  for
   homicide offenses
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 2 of section 70.25 of the penal law, as amended
 by chapter 56 of the laws of 1984, is amended to read as follows:
   2. When more than one sentence of imprisonment is imposed on a  person
 for  two or more offenses committed through a single act or omission, or
 through an act or omission  which  in  itself  constituted  one  of  the
 offenses  and  also  was a material element of the other, the sentences,
 except if one or more of such sentences is for a  violation  of  section
 270.20  of  this chapter, must run concurrently.  PROVIDED HOWEVER, THAT
 IF ONE OR MORE OF SUCH SENTENCES IS FOR A CONVICTION UNDER  ARTICLE  ONE
 HUNDRED  TWENTY-FIVE OF THIS CHAPTER, THE SENTENCES MAY RUN CONSECUTIVE-
 LY.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06727-01-9

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Senate Bill S1252

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Sponsored By

Susan Serino