S T A T E   O F   N E W   Y O R K
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                                   8199
 
                             I N  S E N A T E
 
                             February 2, 2022
                                ___________
 
 Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
             CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
 
 proposing an amendment to section 4 of article 4 of the constitution, in
   relation to prohibiting persons convicted of murder  or  sentenced  to
   life without parole from being eligible for commutation of sentence

   Section  1.  Resolved,  (if  the Assembly concur), That   section 4 of
 article 4 of the constitution be amended to read as follows:
   § 4. The governor shall have the  power  to  grant  reprieves,  commu-
 tations  and  pardons after conviction, for all offenses except treason,
 MURDER, CRIMES WHERE THE DEFENDANT IS  SENTENCED  TO  LIFE  IMPRISONMENT
 WITHOUT  PAROLE,  OR WHERE THE DEFENDANT ACTING EITHER ALONE OR WITH ONE
 OR MORE OTHER PERSONS, COMMITS OR ATTEMPTS TO COMMIT ROBBERY,  BURGLARY,
 KIDNAPPING,  ARSON, RAPE IN THE FIRST DEGREE, CRIMINAL SEXUAL ACT IN THE
 FIRST DEGREE, SEXUAL ABUSE IN THE FIRST DEGREE, AGGRAVATED SEXUAL ABUSE,
 ESCAPE IN THE FIRST DEGREE, OR ESCAPE IN THE SECOND DEGREE, AND, IN  THE
 COURSE OF AND IN FURTHERANCE OF SUCH CRIME OR OF IMMEDIATE FLIGHT THERE-
 FROM,  HE OR SHE, OR ANOTHER PARTICIPANT, IF THERE BE ANY, INTENTIONALLY
 CAUSES THE DEATH OF: A POLICE OFFICER AS DEFINED IN SUBDIVISION  THIRTY-
 FOUR  OF  SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW; A PEACE OFFICER AS
 DEFINED IN PARAGRAPH A OF SUBDIVISION  TWENTY-ONE,  SUBDIVISION  TWENTY-
 THREE, TWENTY-FOUR OR SIXTY-TWO (EMPLOYEES OF THE DIVISION FOR YOUTH) OF
 SECTION  2.10  OF  THE  CRIMINAL PROCEDURE LAW; A FIREFIGHTER, EMERGENCY
 MEDICAL TECHNICIAN, AMBULANCE DRIVER, PARAMEDIC, PHYSICIAN OR REGISTERED
 NURSE INVOLVED IN A FIRST RESPONSE TEAM, OR ANY OTHER INDIVIDUAL WHO, IN
 THE COURSE OF  OFFICIAL  DUTIES,  PERFORMS  EMERGENCY  RESPONSE;  OR  AN
 EMPLOYEE  OF  A  STATE  CORRECTIONAL INSTITUTION OR WAS AN EMPLOYEE OF A
 LOCAL CORRECTIONAL FACILITY AS DEFINED IN  SUBDIVISION  TWO  OF  SECTION
 FORTY  OF THE CORRECTION LAW, WHEN SUCH PERSON WAS ENGAGED IN THE COURSE
 OF PERFORMING THEIR OFFICIAL DUTIES, and cases of impeachment, upon such
 conditions and with such restrictions and limitations, as he or she  may
 think  proper,  subject  to  such  regulations as may be provided by law
 relative to the manner of applying  for  pardons.  Upon  conviction  for
 treason,  the  governor shall have power to suspend the execution of the
 sentence, until the case shall be reported to  the  legislature  at  its
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD89163-02-1
 S. 8199                             2
 
 next  meeting,  when the legislature shall either pardon, or commute the
 sentence, direct the execution of  the  sentence,  or  grant  a  further
 reprieve.  The  governor  shall  annually communicate to the legislature
 each  case  of reprieve, commutation or pardon granted, stating the name
 of the convict, the crime  of  which  the  convict  was  convicted,  the
 sentence  and  its  date,  and  the  date  of the commutation, pardon or
 reprieve.
   § 2. Resolved (if the Assembly concur), That the  foregoing  amendment
 be referred to the first regular legislative session convening after the
 next  succeeding  general  election  of members of the assembly, and, in
 conformity with  section  1  of  article  19  of  the  constitution,  be
 published for three months previous to the time of such election.