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S04908 Summary:

BILL NOS04908
 
SAME ASSAME AS A02111
 
SPONSORSEPULVEDA
 
COSPNSRSALAZAR
 
MLTSPNSR
 
Amd §§60.05, 70.00 & 70.80, rpld §60.06, §70.00 sub 5, §70.20 sub 2-a, §490.25 sub 2 ¶(d), §490.28 cl ¶, Pen L; amd §§113 & 136, rpld §130, Art 22-B, Cor L; rpld §§250.40, 270.16, 270.55, 400.27, 450.70 & 450.80, §270.30 sub 2, §450.20 sub 10, §630.20 sub 4, amd CP L, generally; rpld §707, County L; rpld §§63-d & 837-l, Exec L; rpld §§35-b & 211-a, Judy L; amd §24-355, NYC Ad Cd
 
Ends the imposition of a sentence of life without parole and the death penalty.
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S04908 Actions:

BILL NOS04908
 
02/17/2023REFERRED TO CODES
01/03/2024REFERRED TO CODES
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S04908 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4908
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                    February 17, 2023
                                       ___________
 
        Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Codes
 
        AN  ACT  to amend the penal law, the correction law, the criminal proce-
          dure law, and the administrative code of the  city  of  New  York,  in
          relation to ending the imposition of a sentence of life without parole
          or  death;  and  to  repeal  certain  provisions of the penal law, the
          correction law, the criminal procedure law, the county law, the execu-
          tive law, and the judiciary law, relating thereto
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 2 of section 60.05 of the penal law, as amended
     2  by chapter 738 of the laws of 2004, is amended to read as follows:
     3    2.  Class  A felony. Except as provided in subdivisions three and four
     4  of section 70.06 of this chapter, every person convicted of  a  class  A
     5  felony  must  be  sentenced  to  imprisonment in accordance with section
     6  70.00 of this title[, unless such person is convicted of murder  in  the
     7  first  degree  and is sentenced in accordance with section 60.06 of this
     8  article].
     9    § 2. Section 60.06 of the penal law is REPEALED.
    10    § 3. Subparagraph (i) of paragraph (a) of  subdivision  3  of  section
    11  70.00  of  the penal law, as amended by chapter 107 of the laws of 2006,
    12  is amended to read as follows:
    13    (i) For a class A-I felony, such minimum period shall not be less than
    14  fifteen years nor more than twenty-five years; provided,  however,  that
    15  (A)  where  a sentence, other than a sentence of death or life imprison-
    16  ment [without parole], is imposed upon a defendant convicted  of  murder
    17  in  the  first  degree as defined in section 125.27 of this chapter such
    18  minimum period shall be not less than twenty years nor more  than  twen-
    19  ty-five  years,  and,  (B)  where a sentence is imposed upon a defendant
    20  convicted of murder in the second degree as defined in subdivision  five
    21  of  section  125.25 of this chapter or convicted of aggravated murder as
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04848-01-3

        S. 4908                             2
 
     1  defined in section 125.26 of this chapter, the sentence  shall  be  life
     2  imprisonment [without parole], and, (C) where a sentence is imposed upon
     3  a defendant convicted of attempted murder in the first degree as defined
     4  in article one hundred ten of this chapter and subparagraph (i), (ii) or
     5  (iii)  of paragraph (a) of subdivision one and paragraph (b) of subdivi-
     6  sion one of section 125.27  of  this  chapter  or  attempted  aggravated
     7  murder as defined in article one hundred ten of this chapter and section
     8  125.26 of this chapter such minimum period shall be not less than twenty
     9  years nor more than forty years.
    10    § 4. Subdivision 5 of section 70.00 of the penal law is REPEALED.
    11    § 5. Subdivision 2-a of section 70.20 of the penal law is REPEALED.
    12    § 6. Subdivision 3 and paragraph (a) of subdivision 7 of section 70.80
    13  of the penal law, as added by chapter 7 of the laws of 2007, are amended
    14  to read as follows:
    15    3.  Except  as provided by subdivision four, five, six, seven or eight
    16  of this section, or when a defendant is being sentenced for a conviction
    17  of the class A-II felonies of predatory  sexual  assault  and  predatory
    18  sexual  assault against a child as defined in sections 130.95 and 130.96
    19  of this chapter, or for any class  A-I  sexually  motivated  felony  for
    20  which  a  life  sentence  [or  a  life  without parole sentence] must be
    21  imposed, a sentence imposed upon a defendant convicted of a  felony  sex
    22  offense  shall be a determinate sentence. The determinate sentence shall
    23  be imposed by the court in whole or half years, and shall include  as  a
    24  part  thereof  a  period  of post-release supervision in accordance with
    25  subdivision two-a of section 70.45 of this article. Persons eligible for
    26  sentencing under section 70.07 of this article  governing  second  child
    27  sexual  assault felonies shall be sentenced under such section and para-
    28  graph (j) of subdivision two-a of section 70.45 of this article.
    29    (a) [section 60.06 of this chapter and] section 70.00  of  this  arti-
    30  cle[, as applicable,] if such offense is a class A-I felony; and
    31    § 7. Paragraph (d) of subdivision 2 of section 490.25 of the penal law
    32  is REPEALED.
    33    §  8.  The  closing  paragraph  of  section 490.28 of the penal law is
    34  REPEALED.
    35    § 9. Section 113 of the correction law, as amended by chapter  322  of
    36  the laws of 2021, is amended to read as follows:
    37    §  113.  Absence  of  incarcerated individual for funeral and deathbed
    38  visits authorized. The commissioner may permit any incarcerated individ-
    39  ual confined by the department [except  one  awaiting  the  sentence  of
    40  death]  to  attend the funeral of his or her father, mother, guardian or
    41  former guardian, child, brother,  sister,  husband,  wife,  grandparent,
    42  grandchild,  ancestral  uncle  or ancestral aunt within the state, or to
    43  visit such individual during his or her illness if  death  be  imminent;
    44  but  the exercise of such power shall be subject to such rules and regu-
    45  lations as the commissioner shall prescribe, respecting the granting  of
    46  such  permission,  duration  of  absence  from the institution, custody,
    47  transportation and care of the  incarcerated  individual,  and  guarding
    48  against  escape.  Any  expense  incurred  under  the  provisions of this
    49  section, with respect to any incarcerated individual permitted to attend
    50  a funeral or visit a relative during last illness, shall  be  deemed  an
    51  expense of maintenance of the institution and be paid from moneys avail-
    52  able  therefor;  but the superintendent, if the rules and regulations of
    53  the commissioner shall so provide, may allow the incarcerated individual
    54  or anyone in his or her behalf to reimburse the state for such expense.
    55    § 10. Section 130 of the correction law is REPEALED.

        S. 4908                             3

     1    § 11. Subdivision 2 of section 136 of the correction law,  as  amended
     2  by chapter 322 of the laws of 2021, is amended to read as follows:
     3    2.  All  incarcerated individuals admitted to the department serving a
     4  determinate term of imprisonment, or an indeterminate sentence of impri-
     5  sonment [other than a sentence of life imprisonment without parole], who
     6  have been evaluated  upon  admission  pursuant  to  subdivision  one  of
     7  section  one  hundred thirty-seven of this article and are determined to
     8  be capable of successfully completing the academic course work  required
     9  for  the test assessing secondary completion, shall be provided with the
    10  opportunity to complete such course work at least two  months  prior  to
    11  the  date  on  which such incarcerated individual may be paroled, condi-
    12  tionally released, released  to  post-release  supervision  pursuant  to
    13  section  70.40  of the penal law, or presumptively released, pursuant to
    14  section eight hundred three of  this  chapter.  Upon  admission  to  the
    15  department,  such incarcerated individuals will be provided with written
    16  notice that the test assessing secondary completion programs are  avail-
    17  able for all incarcerated individuals who so apply.
    18    § 12. Article 22-B of the correction law is REPEALED.
    19    § 13. Paragraph (b) of subdivision 1 of section 195.10 of the criminal
    20  procedure law, as amended by chapter 401 of the laws of 2008, is amended
    21  to read as follows:
    22    (b)  the  defendant is not charged with a class A felony punishable by
    23  [death or] life imprisonment; and
    24    § 14. Paragraph (e) of subdivision 5 of section 220.10 of the criminal
    25  procedure law, as amended by chapter 1 of the laws of 1995,  is  amended
    26  to read as follows:
    27    (e)  A defendant may not enter a plea of guilty to the crime of murder
    28  in the first degree as defined in  section  125.27  of  the  penal  law;
    29  provided,  however, that a defendant may enter such a plea with both the
    30  permission of the court and the consent of the people  when  the  agreed
    31  upon  sentence is [either life imprisonment without parole or] a term of
    32  imprisonment for the class A-I felony of  murder  in  the  first  degree
    33  [other than a sentence of life imprisonment without parole].
    34    §  15. Subparagraph (vii) of paragraph (b) of subdivision 3 of section
    35  220.30 of the criminal procedure law, as amended by  chapter  1  of  the
    36  laws of 1995, is amended to read as follows:
    37    (vii)  A  defendant  may  not  enter  a plea of guilty to the crime of
    38  murder in the first degree as defined in section  125.27  of  the  penal
    39  law; provided, however, that a defendant may enter such a plea with both
    40  the  permission  of  the  court  and  the consent of the people when the
    41  agreed upon sentence is [either life imprisonment without parole  or]  a
    42  term  of  imprisonment  for  the class A-I felony of murder in the first
    43  degree [other than a sentence of life imprisonment without parole].
    44    § 16. Section 250.40 of the criminal procedure law is REPEALED.
    45    § 17. Section 270.16 of the criminal procedure law is REPEALED.
    46    § 18. Paragraphs (e) and (f) of subdivision 1 of section 270.20 of the
    47  criminal procedure law, paragraph (e) as amended by chapter  68  of  the
    48  laws  of  1989  and paragraph (f) as amended by chapter 1 of the laws of
    49  1995, are amended to read as follows:
    50    (e)  He served on the grand jury which found the indictment  in  issue
    51  or  served on a trial jury in a prior civil or criminal action involving
    52  the same incident charged in such indictment[; or
    53    (f) The crime charged may be punishable by death and  the  prospective
    54  juror  entertains such conscientious opinions either against or in favor
    55  of such punishment as to preclude such juror from rendering an impartial
    56  verdict or from properly exercising the discretion conferred  upon  such

        S. 4908                             4

     1  juror  by  law  in  the  determination of a sentence pursuant to section
     2  400.27].
     3    § 19. Subdivision 2 of section 270.30 of the criminal procedure law is
     4  REPEALED.
     5    § 20. Section 270.55 of the criminal procedure law is REPEALED.
     6    §  21.  Section  310.80  of  the criminal procedure law, as amended by
     7  chapter 1 of the laws of 1995, is amended to read as follows:
     8  § 310.80 Recording and checking of verdict and polling of jury.
     9    After a verdict has been rendered, it must be recorded on the  minutes
    10  and  read to the jury, and the jurors must be collectively asked whether
    11  such is their verdict. Even though no juror makes any declaration in the
    12  negative, the jury must, if either party makes such an  application,  be
    13  polled  and each juror separately asked whether the verdict announced by
    14  the foreman is in all respects his verdict. If upon either  the  collec-
    15  tive  or  the  separate  inquiry  any juror answers in the negative, the
    16  court must refuse to accept the verdict and  must  direct  the  jury  to
    17  resume  its deliberation. If no disagreement is expressed, the jury must
    18  be discharged from the case[, except as otherwise  provided  in  section
    19  400.27].
    20    §  22.  Section  380.60  of  the criminal procedure law, as amended by
    21  chapter 177 of the laws of 2011, is amended to read as follows:
    22  § 380.60 Authority for the execution of sentence.
    23    [Except where a sentence of death is pronounced,  a]  A  sentence  and
    24  commitment  or certificate of conviction showing the sentence pronounced
    25  by the court, or a certified copy thereof, constitutes the authority for
    26  execution of the sentence and serves as the order of commitment, and  no
    27  other  warrant, order of commitment or authority is necessary to justify
    28  or to require execution of the sentence.
    29    § 23. Section 400.27 of the criminal procedure law is REPEALED.
    30    § 24. Subdivision 1 of section 440.20 of the criminal  procedure  law,
    31  as  amended  by  chapter  1  of  the laws of 1995, is amended to read as
    32  follows:
    33    1. At any time after the entry of a judgment, the court in  which  the
    34  judgment  was  entered  may, upon motion of the defendant, set aside the
    35  sentence upon the ground that it was unauthorized, illegally imposed  or
    36  otherwise  invalid  as  a  matter of law. [Where the judgment includes a
    37  sentence of death, the court may also set aside the sentence upon any of
    38  the grounds set forth in paragraph (b), (c), (f), (g) or (h) of subdivi-
    39  sion one of section 440.10 as applied to a separate sentencing  proceed-
    40  ing  under  section  400.27,  provided,  however, that to the extent the
    41  ground or grounds asserted include one or more of  the  aforesaid  para-
    42  graphs  of  subdivision one of section 440.10, the court must also apply
    43  subdivisions two and three of section 440.10, other than  paragraph  (d)
    44  of  subdivision  two  of such section, in determining the motion. In the
    45  event the court enters an  order  granting  a  motion  to  set  aside  a
    46  sentence of death under this section, the court must either direct a new
    47  sentencing  proceeding  in  accordance  with  section  400.27 or, to the
    48  extent that the defendant cannot be resentenced to death consistent with
    49  the laws of this state or the constitution  of  this  state  or  of  the
    50  United  States,  resentence  the  defendant to life imprisonment without
    51  parole or to a sentence of imprisonment for  the  class  A-I  felony  of
    52  murder  in  the  first degree other than a sentence of life imprisonment
    53  without parole.  Upon granting the motion upon any of  the  grounds  set
    54  forth  in  the aforesaid paragraphs of subdivision one of section 440.10
    55  and setting aside the sentence, the  court  must  afford  the  people  a
    56  reasonable  period  of  time,  which shall not be less than ten days, to

        S. 4908                             5

     1  determine whether to take an appeal from the  order  setting  aside  the
     2  sentence  of  death.  The  taking  of  an appeal by the people stays the
     3  effectiveness of that portion of the court's order that  directs  a  new
     4  sentencing proceeding.]
     5    §  25.  Section  450.10  of  the criminal procedure law, as amended by
     6  chapter 671 of the laws of 1971, subdivisions 1  and  2  as  amended  by
     7  chapter  671 of the laws of 1984, subdivision 3 as added and subdivision
     8  4 as renumbered by chapter 516 of the laws of 1986 and subdivision 5  as
     9  added by chapter 560 of the laws of 1999, is amended to read as follows:
    10  § 450.10 Appeal  by  defendant  to intermediate appellate court; in what
    11             cases authorized as of right.
    12    An appeal to an intermediate appellate court may be taken as of  right
    13  by  the  defendant  from the following judgment, sentence and order of a
    14  criminal court:
    15    1. A judgment [other than one including a sentence of  death],  unless
    16  the  appeal is based solely upon the ground that a sentence was harsh or
    17  excessive when such sentence was predicated upon  entry  of  a  plea  of
    18  guilty  and the sentence imposed did not exceed that which was agreed to
    19  by the defendant as a condition of the plea and set forth on the  record
    20  or  filed  with  the  court  as  required by subdivision five of section
    21  220.50 or subdivision four of section 340.20;
    22    2. A sentence [other than one of death], as prescribed in  subdivision
    23  one of section 450.30, unless the appeal is based solely upon the ground
    24  that a sentence was harsh or excessive when such sentence was predicated
    25  upon  entry  of a plea of guilty and the sentence imposed did not exceed
    26  that which was agreed to by the defendant as a condition of the plea and
    27  set forth in the record or filed with the court as required by  subdivi-
    28  sion five of section 220.50 or subdivision four of section 340.20;
    29    3. A sentence including an order of criminal forfeiture entered pursu-
    30  ant  to  section 460.30 of the penal law with respect to such forfeiture
    31  order.
    32    4. An order, entered pursuant  to  section  440.40,  setting  aside  a
    33  sentence [other than one of death], upon motion of the People.
    34    5.  An  order  denying a motion, made pursuant to subdivision one-a of
    35  section 440.30, for forensic DNA testing of evidence.
    36    § 26. Section 450.15 of the criminal  procedure  law,  as  amended  by
    37  chapter 671 of the laws of 1984, is amended to read as follows:
    38  § 450.15 Appeal  by  defendant  to intermediate appellate court; in what
    39             cases authorized by permission.
    40    If an appeal by defendant is not authorized as of  right  pursuant  to
    41  section  450.10, the defendant may appeal from the following orders of a
    42  criminal court, provided that a certificate granting leave to appeal  is
    43  issued pursuant to section 460.15:
    44    1.  An  order  denying  a  motion, made pursuant to section 440.10, to
    45  vacate a judgment [other than one including a sentence of death];
    46    2. An order denying a motion by the defendant made pursuant to section
    47  440.20, to set aside a sentence [other than one of death];
    48    3. A sentence which is not otherwise appealable as of  right  pursuant
    49  to subdivision one or two of section 450.10.
    50    §  27.  Subdivisions  4,  5, 6 and 7 of section 450.20 of the criminal
    51  procedure law are amended to read as follows:
    52    4. A sentence [other than one of death,] as prescribed in subdivisions
    53  two and three of section 450.30;
    54    5. An order, entered pursuant to section 440.10, vacating  a  judgment
    55  [other than one including a sentence of death];

        S. 4908                             6
 
     1    6.  An  order,  entered  pursuant  to  section 440.20, setting aside a
     2  sentence [other than one of death];
     3    7.  An  order denying a motion by the people, made pursuant to section
     4  440.40, to set aside a sentence [other than one of death];
     5    § 28. Subdivision 10 of section 450.20 of the criminal  procedure  law
     6  is  REPEALED  and  subdivisions 11 and 12 are renumbered subdivisions 10
     7  and 11.
     8    § 29. Section 450.70 of the criminal procedure law is REPEALED.
     9    § 30. Section 450.80 of the criminal procedure law is REPEALED.
    10    § 31. Section 460.40 of the criminal  procedure  law,  as  amended  by
    11  chapter  209  of the laws of 1990, subdivision 2 as amended and subdivi-
    12  sion 3 as added by chapter 1 of the laws of 1995, is amended to read  as
    13  follows:
    14  §  460.40  Effect  of  taking of appeal upon judgment or order of courts
    15               below; when stayed.
    16    [1. The taking of an appeal by the defendant directly to the court  of
    17  appeals,  pursuant to subdivision one of section 450.70, from a superior
    18  court judgment including a sentence of death stays the execution of such
    19  sentence.  Except as provided in subdivision two of this section, in  no
    20  other  case  does  the  taking  of an appeal, by either party, in and of
    21  itself stay the execution of any judgment, sentence or order of either a
    22  criminal court or an intermediate appellate court.
    23    2.] The taking of an appeal by the people to an intermediate appellate
    24  court pursuant to subdivision one-a of section  450.20,  from  an  order
    25  reducing  a count or counts of an indictment or dismissing an indictment
    26  and directing the filing of a prosecutor's information, stays the effect
    27  of such order.  In addition, the taking of an appeal by the people to an
    28  intermediate appellate court pursuant  to  subdivision  one  of  section
    29  450.20,  from  an  order  dismissing  a count or counts of an indictment
    30  charging murder in the first degree, stays the effect of such order.
    31    [3. Within six months of the effective date of this  subdivision,  the
    32  court of appeals shall adopt rules to ensure that a defendant is granted
    33  a  stay of the execution of any death warrant issued pursuant to article
    34  twenty-two-B of the correction law to allow the defendant an opportunity
    35  to prepare and timely file an initial motion pursuant to section  440.10
    36  or  440.20 seeking to set aside a sentence of death or vacate a judgment
    37  including a sentence of death and to allow the  motion  and  any  appeal
    38  from the denial thereof to be timely determined. The rules shall provide
    39  that  in  the event a defendant seeks to file any subsequent motion with
    40  respect to the judgment or sentence following a final  determination  of
    41  the  defendant's  initial motion pursuant to section 440.10 or 440.20, a
    42  motion for a stay of the execution of the  death  warrant  may  only  be
    43  granted  for good cause shown. The people and the defendant shall have a
    44  right to appeal to the court of appeals from orders granting or  denying
    45  such  stay  motions  and  any rules adopted pursuant to this subdivision
    46  shall provide that the court of appeals may affirm such orders,  reverse
    47  them  or  modify them upon such terms as the court deems appropriate and
    48  shall provide for the expeditious perfection and determination  of  such
    49  appeals.  Prior  to  adoption  of  the rules, the court of appeals shall
    50  issue proposed rules and receive written comments  thereon  from  inter-
    51  ested parties.]
    52    §  32.  Section  470.30  of  the criminal procedure law, as amended by
    53  chapter 1 of the laws of 1995, is amended to read as follows:
    54  § 470.30 Determination by court of appeals  of  appeals  taken  directly
    55               thereto from judgments and orders of criminal courts.

        S. 4908                             7
 
     1    1.  Wherever  appropriate,  the rules set forth in sections 470.15 and
     2  470.20, governing the consideration and  determination  by  intermediate
     3  appellate  courts of appeals thereto from judgments and orders of crimi-
     4  nal courts, and prescribing their scope of  review  and  the  corrective
     5  action  to be taken by them upon reversal or modification, apply equally
     6  to the consideration and  determination  by  the  court  of  appeals  of
     7  appeals  taken  directly  thereto[,  pursuant  to  sections  450.70  and
     8  450.80,] from judgments and orders of superior criminal courts.
     9    [2. Whenever a sentence of death is imposed, the judgment and sentence
    10  shall be reviewed on the record by the court of appeals.  Review by  the
    11  court  of  appeals pursuant to subdivision one of section 450.70 may not
    12  be waived.
    13    3. With regard to the sentence, the court shall, in addition to  exer-
    14  cising  the  powers and scope of review granted under subdivision one of
    15  this section, determine:
    16    (a) whether the sentence of death was imposed under the  influence  of
    17  passion,  prejudice,  or  any  other  arbitrary or legally impermissible
    18  factor including whether the imposition of the verdict or  sentence  was
    19  based  upon the race of the defendant or a victim of the crime for which
    20  the defendant was convicted;
    21    (b) whether the sentence of death is excessive or disproportionate  to
    22  the  penalty imposed in similar cases considering both the crime and the
    23  defendant. In conducting such review the  court,  upon  request  of  the
    24  defendant,  in addition to any other determination, shall review whether
    25  the sentence of death is excessive or disproportionate  to  the  penalty
    26  imposed  in  similar  cases  by virtue of the race of the defendant or a
    27  victim of the crime for which the defendant was convicted; and
    28    (c) whether the decision to impose the sentence of death  was  against
    29  the weight of the evidence.
    30    4. The court shall include in its decision:
    31    (a)  the  aggravating and mitigating factors established in the record
    32  on appeal; and
    33    (b) those similar cases it took into consideration.
    34    5. In addition to exercising any other corrective action  pursuant  to
    35  subdivision  one  of this section, the court, with regard to review of a
    36  sentence of death, shall be authorized to:
    37    (a) affirm the sentence of death; or
    38    (b) set the sentence aside and remand the case for resentencing pursu-
    39  ant to the procedures set forth in section 400.27 for a determination as
    40  to whether the defendant shall be sentenced to death, life  imprisonment
    41  without  parole or to a term of imprisonment for the class A-I felony of
    42  murder in the first degree other than a sentence  of  life  imprisonment
    43  without parole; or
    44    (c) set the sentence aside and remand the case for resentencing by the
    45  court for a determination as to whether the defendant shall be sentenced
    46  to life imprisonment without parole or to a term of imprisonment for the
    47  class  A-I felony of murder in the first degree other than a sentence of
    48  life imprisonment without parole.]
    49    § 33. Subdivision 4 of section 630.20 of the criminal procedure law is
    50  REPEALED.
    51    § 34. Subdivision 1 of section 650.20 of the criminal procedure law is
    52  amended to read as follows:
    53    1.  When (a) a criminal action is pending in a court of record of this
    54  state, or a grand jury proceeding has been commenced, and (b)  there  is
    55  reasonable  cause  to  believe  that a person confined in a correctional
    56  institution or prison of another state, other than  a  person  [awaiting

        S. 4908                             8

     1  execution  of a sentence of death or one] confined as mentally ill or as
     2  a defective delinquent, possesses information material to such  criminal
     3  action or proceeding, and (c) the attendance of such person as a witness
     4  in  such action or proceeding is desired by a party thereto, and (d) the
     5  state in which such person is confined possesses a statute equivalent to
     6  section 650.10, the court in which such action or proceeding is  pending
     7  may  issue  a  certificate  under the seal of such court, certifying all
     8  such facts and that the attendance of such person as a witness  in  such
     9  court is required for a specified number of days.
    10    § 35. Section 707 of the county law is REPEALED.
    11    § 36. Section 63-d of the executive law is REPEALED.
    12    § 37. Section 837-l of the executive law is REPEALED.
    13    § 38. Section 35-b of the judiciary law is REPEALED.
    14    § 39. Section 211-a of the judiciary law is REPEALED.
    15    §  40.  Subdivision  c of section 24-355 of the administrative code of
    16  the city of New York is amended to read as follows:
    17    c. It shall be the special duty of the persons so appointed to prevent
    18  breaches of the peace and unlawful depredations and to arrest and  bring
    19  before the proper magistrates persons employed on such works or found in
    20  the vicinity thereof, who are guilty of offenses against the law punish-
    21  able  by  [death,]  imprisonment or fines, or persons whom they may have
    22  reasonable cause to believe to be guilty of such offenses.
    23    § 41. This act shall take effect on  the  one  hundred  twentieth  day
    24  after it shall have become a law.
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