A03481 Summary:

BILL NOA03481
 
SAME ASNo Same As
 
SPONSORDeStefano
 
COSPNSRBrabenec, Norris, Morinello, Reilly, Brown E, Brown K, Angelino, McGowan, Lemondes, Flood
 
MLTSPNSRByrnes, Hawley
 
Amd §§60.06 & 70.00, Pen L; amd §400.27, CP L
 
Provides that sentence for commission of certain provisions of murder in the first degree is death or life without parole.
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A03481 Actions:

BILL NOA03481
 
02/03/2023referred to codes
01/03/2024referred to codes
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A03481 Committee Votes:

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A03481 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3481
 
SPONSOR: DeStefano
  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.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.88390 A of 2011/12- referred to codes, A.871 of 2011 - referred to codes/ enacting clause stricken, 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
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