NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5165
SPONSOR: DeStefano (MS) TITLE OF BILL:
An act to amend the penal law and the criminal procedure law, in
relation to sentencing for the commission of certain provisions of
murder in the first degree
PURPOSE OR GENERAL IDEA OF BILL:
To reinstate the death penalty for the intentional murder of a police
officer, peace officer or an employee of the Department of Correctional
Services.
SUMMARY OF PROVISIONS:
Section 1 sets forth the legislative intent to address the holding of
the New York Court of Appeals holdings in People v. LaValle, 3 N.Y.3d
388 (2004) and People v. Taylor, 9 N.Y.3d 129(2007) and reinstates the
death penalty for those who intentionally murder a police officer, peace
officer, an employee of a State correctional institution, or an employee
of a local correctional facility.Sections 2, 3 and 4 amend provisions of
current law to provide that any person who is convicted of the inten-
tional murder of a police officer, peace officer, an employee of a State
correctional institution, or an employee of a local correctional facili-
ty pursuant to provisions of current law defining the crime of 1st
degree murder shall, if the jury elects not to impose the sentence of
death, be sentenced to life imprisonment without parole.Section 5 of the
bill provides that the legislation shall take effect immediately and
shall apply to acts committed on and after such date
JUSTIFICATION:
In 2004, the Court of Appeals in the case of People v. LaValle held that
the deadlock instruction given to a jury in a capital case to inform the
jury that if it is deadlocked, the defendant is automatically sentenced
to an indeterminate sentence with a minimum term of between 20 and 25
years and maximum term of life imprisonment, impermissibly inserts
concern regarding the defendant's future dangerousness into the jury
deliberations, and thereby potentially coerces a juror, who might prefer
a sentence of life without parole, to vote instead for a sentence of
death so as to preclude the defendant's future release. The Court of
Appeals did not hold that the death penalty was inappropriate for cases
in which aggravating circumstances which are grounds for death penalty
are present, but rather held that the procedure for imposing the death
penalty was flawed.In 2007, the Court of Appeals, in People v. Taylor,
relied upon the precedent set in People v. LaValle to vacate the death
sentence even though the defendant was convicted of multiple first
degree murders and\ there was no possibility that he would be released
from incarceration before his death. While the concerns regarding the
deadlock instruction that existed in LaValle were not present in Taylor,
the Court could not allow the death sentence to stand because the Court,
in LaValle, held that the death penalty could not be imposed under the
existing statute.Chapter 765 of the Laws of 2005 enacted the "Crimes
Against Police Act". Part of that law created the new crime of aggra-
vated murder, which is deemed to occur when a person intentionally
murders a police officer, peace officer, an employee of a State correc-
tional institution, or an employee of a local correctional facility. The
only sentence which may be imposed for the crime of aggravated murder is
life imprisonment with- out parole. Because of the holding in the
LaValle case, current law does not allow the imposition of the death
penalty upon a person who is convicted of intentionally murdering a
police officer, peace officer, an employee of a State correctional
institution, or an employee of a local correctional facility. In Taylor,
the Court stated "Indeed, the needed correction may be as simple as
enacting a sentencing statute that provides for life without parole if
the jury cannot unanimously agree on death." This bill adopts the
Court's suggestion for the correction to t he deadlock instruction and
fashions a new deadlock instruction using the Court's suggested
language.
PRIOR LEGISLATIVE HISTORY:
A.3481 of of 2023/24 - referred to codes,
A.3741 of 2021/22 - held for consideration in codes,
A.1726 of 2017/18 - referred to codes,
A.9401 of 2015/16 - referred to codes,
A.7613 of 2013-14 - referred to codes,
A.8390 of 2011/12 - referred to codes,
A.1070 of 2009/10 - referred to codes,
A.7799 of 2007/08 - referred to codes
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None to the state.
EFFECTIVE DATE:
Legislation shall take effect immediately and shall apply to acts
committed on and after such date
