S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    72
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 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 arti-
 cle 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD89013-01-3
 S. 72                               2
 
 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
 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.