NY State Senate Bill 2019-S3077

Senate Bill S3077

2019-2020 Legislative Session

Makes life imprisonment without parole mandatory for defendants convicted of murder in the first degree and the victim is a police officer

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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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to codes
Feb 01, 2019	referred to codes

2019-S3077 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§60.06 & 70.00, Pen L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S4409
2015-2016: S3208
2017-2018: S3681
2021-2022: S3459
2023-2024: S2020

2019-S3077 (ACTIVE) - Summary

Makes life imprisonment without parole mandatory for defendants convicted of murder in the first degree and the victim is a police officer.

2019-S3077 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3077

SPONSOR: ADDABBO
 
TITLE OF BILL:

An act to amend the penal law, in relation to making life imprisonment
without parole mandatory for defendants convicted of murder in the first
degree and the victim is a police officer

 
PURPOSE:

To require a mandatory life sentence without parole for the murder of
police officers.

 
SUMMARY OF PROVISIONS:

Amends section 60.0 of the penal law, as amended by chapter 482 of the
laws of 2009, requiring a term of life imprisonment without parole upon
the conviction for the crime of murder in the first degree as defined in
subparagraph (i) of paragraph (a) of subdivision one of section 125.27
of this chapter.

 
EXISTING LAW:

In 2004, the New York State Court of Appeals, in the case of PEOPLE vs.
LAVALLE, found that New York's existing capital punishment (death penal-
ty) statute was unconstitutional and could not be enforced. This finding
related to language in the law governing the instruction to be given to
a jury in a capital case in the event that the jury became deadlocked
and could not agree on either of the two sentences provided under the
law: death or life without the possibility of parole. Specifically, the
jury would be informed that, in the case of deadlock, the trial judge
would be empowered to sentence the defendant to as little as 20 years to
life or as much as life in prison without parole. The court found that
this instruction might coerce jurors in favor of sentencing the defend-
ant to life in prison without parole to change their votes to the death
penalty, worried that the defendant might otherwise be released on
parole in 20 years.  This potential for coercion was found to violate
the due process clause of the New York State Constitution. The court did
not hold that the death penalty was an inappropriate punishment for
certain heinous crimes; only that the procedure for imposing the
sentence was flawed.

After the Court of Appeals invalidated New York's death penalty law, the
Legislature enacted Chapter 765 of the Laws of 2005, also known as "The
Crimes Against Police Officers Act." Part of this law created the new
crime of aggravated murder - deemed to occur when a person intentionally
kills a police officer, peace officer or an employee of the Department
of Correctional Services. The only sentence which can be imposed under
this 2005 law for the crime of aggravated murder is life imprisonment
without parole.

However, the earlier crime of murder in the first degree, the charge
brought against those who intentionally killed law enforcement officers
prior to the enactment of the 2005 Crimes Against Police Officers Act,
remained on the books following the Court of Appeals ruling on the death
penalty statute. As such, state law technically continues to provide for
prosecutorial discretion in allowing those who murder law enforcement

officers to be eligible for parole - in direct contradiction to the
intent of the 2005 statute.

 
JUSTIFICATION:

This legislation seeks to close the loophole that allows parole for
murderers of police officers by requiring that mandatory life sentences
without parole be imposed for these circumstances without exception. In
the case of the family of Police Officer Edward Byrne who was murdered
by four assailants on February 26, 1988, these survivors are forced to
relive the ordeal every two years as the criminals are considered for
parole. Families of murdered law enforcement officers should not have to
endure this experience, and such criminals must never, under any circum-
stances, be considered for release.

 
LEGISLATIVE HISTORY:

2017: S. 3681 - Referred to Codes.
2018: S. 3681 - PASSED THE SENATE

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
The first of November succeeding the date on which it has become law.

2019-S3077 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3077
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 1, 2019
                                ___________
 
 Introduced  by  Sen. ADDABBO -- 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 making  life  imprisonment
   without  parole  mandatory  for  defendants convicted of murder in the
   first degree and the victim is a police officer

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 60.06 of the penal law, as amended by chapter 482
 of the laws of 2009, is amended to read as follows:
 § 60.06 Authorized disposition; murder in the  first  degree  offenders;
           aggravated  murder  offenders;  certain  murder  in the second
           degree  offenders;  certain  terrorism   offenders;   criminal
           possession  of  a  chemical weapon or biological weapon offen-
           ders; criminal use of a chemical weapon or  biological  weapon
           offenders.
   When a defendant is convicted of murder in the first degree as defined
 in  section  125.27 of this chapter, the court shall, in accordance with
 the provisions of section 400.27 of the criminal procedure law, sentence
 the defendant to death, to life imprisonment without parole  in  accord-
 ance with subdivision five of section 70.00 of this title, or, EXCEPT AS
 PROVIDED  IN  SUBDIVISION FIVE OF SECTION 70.00 OF THIS TITLE, to a term
 of imprisonment for a class A-I felony other than  a  sentence  of  life
 imprisonment without parole, in accordance with subdivisions one through
 three  of  section  70.00  of  this title. When a person is convicted of
 murder in the second degree as defined in subdivision  five  of  section
 125.25  of  this chapter or of the crime of aggravated murder as defined
 in subdivision one of section 125.26 of this chapter,  the  court  shall
 sentence the defendant to life imprisonment without parole in accordance
 with  subdivision  five of section 70.00 of this title. When a defendant
 is convicted of the crime of terrorism as defined in section  490.25  of
 this  chapter,  and  the  specified offense the defendant committed is a
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07304-01-9

 S. 3077                             2
 
 class A-I felony offense, or when a defendant is convicted of the  crime
 of  criminal possession of a chemical weapon or biological weapon in the
 first degree as defined in section 490.45 of this  chapter,  or  when  a
 defendant is convicted of the crime of criminal use of a chemical weapon
 or biological weapon in the first degree as defined in section 490.55 of
 this  chapter,  the court shall sentence the defendant to life imprison-
 ment without parole in accordance with subdivision five of section 70.00
 of this title; provided, however, that nothing  in  this  section  shall
 preclude  or  prevent  a  sentence  of  death when the defendant is also
 convicted of murder in the first degree as defined in section 125.27  of
 this  chapter.  When  a  defendant  is convicted of aggravated murder as
 defined in subdivision two of section 125.26 of this chapter, the  court
 shall sentence the defendant to life imprisonment without parole or to a
 term  of  imprisonment  for  a class A-I felony other than a sentence of
 life imprisonment without parole, in accordance  with  subdivisions  one
 through three of section 70.00 of this title.
   §  2.  Subdivision  5 of section 70.00 of the penal law, as amended by
 section 40-a of part WWW of chapter 59 of the laws of 2017,  is  amended
 to read as follows:
   5.   Life  imprisonment  without  parole.  Notwithstanding  any  other
 provision of law, a defendant sentenced  to  life  imprisonment  without
 parole  shall  not  be  or  become  eligible  for  parole or conditional
 release. For purposes of commitment and custody, other than  parole  and
 conditional  release,  such sentence shall be deemed to be an indetermi-
 nate sentence. A defendant may be sentenced to life imprisonment without
 parole upon conviction for the crime of murder in the  first  degree  as
 defined  in  section  125.27  of this chapter and in accordance with the
 procedures provided by law for imposing a sentence  for  such  crime.  A
 defendant  who  was  eighteen  years  of age or older at the time of the
 commission of the crime must be sentenced to life  imprisonment  without
 parole  upon conviction for the crime of terrorism as defined in section
 490.25 of this  chapter,  where  the  specified  offense  the  defendant
 committed  is  a class A-I felony; the crime of criminal possession of a
 chemical weapon or biological weapon in the first degree as  defined  in
 section 490.45 of this chapter; or the crime of criminal use of a chemi-
 cal  weapon  or  biological  weapon  in  the  first degree as defined in
 section 490.55 of this chapter; provided, however, that nothing in  this
 subdivision  shall  preclude  or  prevent  a  sentence of death when the
 defendant is also convicted of the crime of murder in the  first  degree
 as defined in section 125.27 of this chapter. A defendant who was seven-
 teen  years of age or younger at the time of the commission of the crime
 may be sentenced, in accordance with law, to the  applicable  indetermi-
 nate sentence with a maximum term of life imprisonment. A DEFENDANT MUST
 BE SENTENCED TO LIFE IMPRISONMENT WITHOUT PAROLE UPON CONVICTION FOR THE
 CRIME  OF  MURDER  IN THE FIRST DEGREE AS DEFINED IN SUBPARAGRAPH (I) OF
 PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION 125.27 OF  THIS  CHAPTER.  A
 defendant  must  be  sentenced  to life imprisonment without parole upon
 conviction for the crime of murder in the second degree  as  defined  in
 subdivision  five  of section 125.25 of this chapter or for the crime of
 aggravated murder as defined in subdivision one  of  section  125.26  of
 this  chapter. A defendant may be sentenced to life imprisonment without
 parole upon conviction for the crime of aggravated murder as defined  in
 subdivision two of section 125.26 of this chapter.
   § 3. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.

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