NY State Senate Bill 2023-S1271

Senate Bill S1271

2023-2024 Legislative Session

Relates to commission of murder in the first degree; provides that sentence for commission of certain provisions of murder in the first degree is death or life without parole

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Current 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 03, 2024	referred to codes
Jan 11, 2023	referred to codes

co-Sponsors

2023-S1271 (ACTIVE) - Details

See Assembly Version of this Bill:: A3906
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§125.27, 60.06 & 70.00, Pen L; amd §400.27, CP L
Versions Introduced in 2021-2022 Legislative Session:: S9326, A10564

2023-S1271 (ACTIVE) - Summary

Includes intentionally selecting a victim based on certain actual or perceived traits in the crime of murder in the first degree; provides that sentence for commission of certain provisions of murder in the first degree is death or life without parole.

2023-S1271 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1271

SPONSOR: ORTT
 
TITLE OF BILL:

An act to amend the penal law and the criminal procedure law, in
relation to the commission of and sentencing for certain provisions of
murder in the first degree

 
PURPOSE:

To restore the death penalty in New York State and make it an available
sentence for those convicted of Murder in the First Degree for the
intentional killing of police officers and first responders, the inten-
tional killing of two or more people, the intentional killing of another
person as a hate crime, and the intentional killing of another person in
the furtherance of terrorism.

 
SUMMARY OF PROVISIONS:

Section 1 adds a new subparagraph (xvi) to paragraph (a) of subdivision
(1) of section 125.27 of the Criminal Procedure law, which would include

the intentional killing of another person because of their race, color,
national origin, ancestry, gender, gender identity or expression, reli-
gion, religious practice, age, disability or sexual orientation in the
First Degree Murder statute.

Sections 2, 3 and 4 reinstate the death penalty for any person who
intentionally kills a police officer or first responder, who inten-
tionally kills two or more people, who intentionally kills another
person as a hate crime, or who kills another person in the furtherance
of terrorism.

Section 5 makes essential amendments to the procedure for deadlocked
juries in capital murder cases, pursuant to the holding of People v.
LaValle, 3 N.Y.3d 388 (2004) and People v. Taylor, 9 N.Y.3d 129 (2007).

Section 6 is the effective date.

 
JUSTIFICATION:

In 2004, the Court of Appeals, in People v. LaValle, 3 N.Y.3d 388, found
that a specific provision of New York's death penalty statute relating
to a jury instruction for deadlocked juries was violated the Due Process
Clause of the New York State Constitution. This decision rendered the
entire death penalty statute unenforceable and consequently, the death
penalty has not been available as a possible sentence for even the most
extreme of murders since that decision was handed down. The Court of
Appeals did not find that the death penalty is an unconstitutional
sentence, but rather made clear that the flaw in the procedure for
imposing the death penalty can be fixed by the legislature.

This bill would restore the death penalty in this state and allow it in
only the most egregiously violent and heinous murders: murders of our
police officers and first responders, mass murders, murders in further-
ance of terrorism, and murders based on a hatred of another person based
on their race, color, national origin, ancestry, gender, gender identity
or expression, religion, religious practice, age, disability or sexual
orientation. It addresses the flaws in the process identified by the
Court and requires that a judge in a capital murder case instruct the
jury that if they fail to reach a unanimous agreement with respect to
the sentence, the defendant will be sentenced to life without parole. At
a time when violent crime is out of control and murder rates are rising,
it is critical that prosecutors have all possible sentencing options
available for murders with these extreme aggravating circumstances,
including the death penalty.

 
PRIOR LEGISLATIVE HISTORY:

2021-2022: S. 9326 Referred to Codes

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S1271 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1271
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2023
                                ___________
 
 Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the  penal  law  and  the  criminal  procedure  law,  in
   relation to the commission of and sentencing for certain provisions of
   murder in the first degree

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraph (xiii) of paragraph (a) of  subdivision  1  of
 section  125.27 of the penal law, as added by chapter 300 of the laws of
 2001, is amended and a new paragraph (xiv) is added to read as follows:
   (xiii) the victim was killed in furtherance of an act of terrorism, as
 defined in paragraph (b) of subdivision one of section  490.05  of  this
 chapter; [and] OR
   (XIV)  THE  DEFENDANT INTENTIONALLY SELECTED THE VICTIM IN WHOLE OR IN
 SUBSTANTIAL PART BECAUSE OF A BELIEF OR PERCEPTION REGARDING THE  ACTUAL
 OR  PERCEIVED  RACE,  COLOR,  NATIONAL  ORIGIN, ANCESTRY, GENDER, GENDER
 IDENTITY OR EXPRESSION, RELIGION, RELIGIOUS PRACTICE,  AGE,  DISABILITY,
 OR  SEXUAL ORIENTATION OF SUCH VICTIM, REGARDLESS OF WHETHER SUCH BELIEF
 OR PERCEPTION IS CORRECT; AND
   § 2. 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04799-01-3

 S. 1271                             2
 
 ance with subdivision five of section 70.00 of this title, 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. 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, OR OF THE CRIME OF
 MURDER IN THE FIRST DEGREE AS DEFINED IN SUBPARAGRAPH (I), (II), (II-A),
 (III), (VIII), (XI), (XIII), OR (XIV) OF PARAGRAPH  (A)  OF  SUBDIVISION
 ONE  OF  SECTION 125.27 OF THIS CHAPTER AND THE SENTENCE OF DEATH IS NOT
 IMPOSED 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 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 imprisonment without parole in accordance with  subdi-
 vision  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 imprison-
 ment 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.
   §  3.  Subparagraph  (i)  of paragraph (a) of subdivision 3 of section
 70.00 of the penal law, as amended by chapter 107 of the laws  of  2006,
 is amended to read as follows:
   (i) For a class A-I felony, such minimum period shall not be less than
 fifteen  years  nor more than twenty-five years; provided, however, that
 (A) where a sentence, other than a sentence of death or  life  imprison-
 ment  without parole, is imposed upon a defendant convicted of murder in
 the first degree as defined in  SUBPARAGRAPH  (IV),  (V),  (VI),  (VII),
 (IX),  (X),  OR  (XII)  OF  PARAGRAPH  (A) OF SUBDIVISION ONE OF section
 125.27 of this chapter such minimum period shall be not less than twenty
 years nor more than twenty-five years, and,  (B)  where  a  sentence  is
 imposed  upon  a  defendant  convicted of murder in the second degree as
 defined in subdivision  five  of  section  125.25  of  this  chapter  or
 convicted  of  aggravated  murder  as  defined in section 125.26 of this
 chapter, OR WHERE A SENTENCE, OTHER THAN A SENTENCE OF DEATH, IS IMPOSED
 UPON A DEFENDANT CONVICTED OF MURDER IN THE FIRST DEGREE AS  DEFINED  IN
 SUBPARAGRAPH (I), (II), (II-A), (III), (VIII), (XI), (XIII), OR (XIV) OF
 PARAGRAPH  (A) OF SUBDIVISION ONE OF SECTION 125.27 OF THIS CHAPTER, the
 sentence shall be life imprisonment without parole,  and,  (C)  where  a
 sentence  is  imposed  upon a defendant convicted of attempted murder in
 the first degree as defined in article one hundred ten of  this  chapter
 and subparagraph (i), (ii), (II-A) or (iii) of paragraph (a) of subdivi-
 sion  one and paragraph (b) of subdivision one of section 125.27 of this
 chapter or attempted aggravated murder as defined in article one hundred
 ten of this chapter and section 125.26  of  this  chapter  such  minimum
 period shall be not less than twenty years nor more than forty years.
 S. 1271                             3
 
   §  4.  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 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 defend-
 ant 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 OR FOR THE CRIME OF MURDER IN THE FIRST
 DEGREE AS DEFINED IN SUBPARAGRAPH  (I),  (II),  (II-A),  (III),  (VIII),
 (XI),  (XIII),  OR  (XIV) OF PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION
 125.27 OF THIS CHAPTER AND THE SENTENCE OF DEATH IS NOT IMPOSED.
   § 5. Subdivisions 1 and 10 of section 400.27 of the criminal procedure
 law, as added by chapter 1 of the laws of 1995, are amended to  read  as
 follows:
   1.  Upon  [the] conviction of a defendant for the offense of murder in
 the first degree as defined by SUBPARAGRAPH (I),  (II),  (II-A),  (III),
 (VIII),  (XI),  (XIII),  OR (XIV) OF PARAGRAPH (A) OF SUBDIVISION ONE OF
 section 125.27 of the penal law, the  court  shall  promptly  conduct  a
 separate  sentencing proceeding to determine 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.  Nothing  in  this
 section  shall  be deemed to preclude the people at any time from deter-
 mining 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].
   10.  (A)  At  the  conclusion  of all the evidence, the people and the
 defendant may present argument in summation for or against the  sentence
 S. 1271                             4
 
 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
 circumstances. In its charge, the court must instruct the jury that with
 respect  to  each  count  of  murder  in the first degree, AS DEFINED IN
 SUBPARAGRAPH (I), (II), (II-A), (III), (VIII), (XI), (XIII), OR (XIV) OF
 PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION 125.27 OF THE PENAL LAW, the
 jury should consider whether or  not  a  sentence  of  death  should  be
 imposed  and  whether  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  impri-
 sonment  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].
   (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 PART SHALL GOVERN THE DELIBERATIONS OF THE JURY.
   § 6. This act  shall  take  effect  immediately  and  shall  apply  to
 offenses committed on or after such effective date.

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Senate Bill S1271

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Sponsored By

Robert G. Ortt

Current Bill Status - In Senate Committee Codes Committee

co-Sponsors

Patrick M. Gallivan

Andrew J. Lanza

Dean Murray

James Tedisco

2023-S1271 (ACTIVE) - Details

2023-S1271 (ACTIVE) - Summary

2023-S1271 (ACTIVE) - Sponsor Memo

2023-S1271 (ACTIVE) - Bill Text download pdf

Comments