Bill Text: NY A05390 | 2013-2014 | General Assembly | Amended

New York Assembly Bill 5390 (Prior Session Legislation)

Bill Title: Amends the sentencing procedures and jury charge in capital cases.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2014-05-28 - held for consideration in codes [A05390 Detail]

Download: New_York-2013-A05390-Amended.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        5390--A
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 25, 2013
                                      ___________
       Introduced  by  M. of A. KOLB, TEDISCO -- Multi-Sponsored by -- M. of A.
         BARCLAY -- read once and referred to the Committee on Codes -- commit-
         tee discharged, bill amended, ordered reprinted as amended and  recom-
         mitted to said committee
       AN  ACT  to  amend  the  criminal  procedure law, in relation to capital
         punishment
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1.  Subdivision 10 of section 400.27 of the criminal procedure
    2  law,  as  added  by chapter 1 of the laws of 1995, is amended to read as
    3  follows:
    4    10. (A) At the conclusion of all the  evidence,  the  people  and  the
    5  defendant  may present argument in summation for or against the sentence
    6  sought by the people. The people may deliver the first summation and the
    7  defendant may then deliver the last  summation.  Thereafter,  the  court
    8  shall  deliver  a  charge  to the jury on any matters appropriate in the
    9  circumstances. In its charge, the court must instruct the jury that with
   10  respect to each count of murder in the  first  degree  the  jury  should
   11  consider whether [or not] a sentence of death should be imposed [and] OR
   12  whether  or not a sentence of life imprisonment without parole should be
   13  imposed[, and that the jury must be unanimous  with  respect  to  either
   14  sentence.  The  court  must also instruct the jury that in the event the
   15  jury fails to reach unanimous agreement with respect  to  the  sentence,
   16  the  court  will sentence the defendant to a term of imprisonment with a
   17  minimum term of between twenty and twenty-five years and a maximum  term
   18  of life. Following the court's charge, the jury shall retire to consider
   19  the  sentence  to be imposed. Unless inconsistent with the provisions of
   20  this section, the provisions of sections 310.10, 310.20 and 310.30 shall
   21  govern the deliberations of the jury].
   22    (B) THE COURT MUST INSTRUCT THE JURY THAT THE JURY MUST  BE  UNANIMOUS
   23  WITH RESPECT TO THE SENTENCE TO BE IMPOSED. THE COURT MUST ALSO INSTRUCT
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09192-02-3
       A. 5390--A                          2
    1  THE  JURY  THAT IN THE EVENT THE JURY FAILS TO REACH UNANIMOUS AGREEMENT
    2  WITH RESPECT TO THE SENTENCE, THE COURT WILL SENTENCE THE DEFENDANT TO A
    3  TERM OF LIFE IMPRISONMENT WITHOUT PAROLE.
    4    (C)  FOLLOWING  THE COURT'S CHARGE, THE JURY SHALL RETIRE TO DETERMINE
    5  THE SENTENCE TO BE IMPOSED.  UNLESS INCONSISTENT WITH THE PROVISIONS  OF
    6  THIS  SECTION,  THE  PROVISIONS OF SECTIONS 310.10, 310.20 AND 310.30 OF
    7  THIS CHAPTER SHALL GOVERN THE DELIBERATIONS OF THE JURY.
    8    S 2. Paragraph (c) of subdivision 11 of section 400.27 of the criminal
    9  procedure law, as added by chapter 1 of the laws of 1995, is amended  to
   10  read as follows:
   11    (c)  With  respect  to  a  count or concurrent counts of murder in the
   12  first degree, the court may direct the jury to cease  deliberation  with
   13  respect  to  the  sentence  or  sentences  to be imposed if the jury has
   14  deliberated for an extensive period of time without  reaching  unanimous
   15  agreement  on  the  sentence or sentences to be imposed and the court is
   16  satisfied that any such agreement is unlikely within a reasonable  time.
   17  The provisions of this paragraph shall apply with respect to consecutive
   18  counts of murder in the first degree. In the event the jury is unable to
   19  reach  unanimous  agreement,  the  court  must sentence the defendant in
   20  accordance with [subdivisions one through  three]  SUBDIVISION  FIVE  of
   21  section  70.00  of  the penal law with respect to any count or counts of
   22  murder in the first degree upon which the jury failed to reach unanimous
   23  agreement as to the sentence to be imposed.
   24    S 3. Severability. If any clause,  sentence,  paragraph,  subdivision,
   25  section  or part of this act shall be adjudged by any court of competent
   26  jurisdiction to be invalid, such judgment shall not affect,  impair,  or
   27  invalidate the remainder thereof, but shall be confined in its operation
   28  to the clause, sentence, paragraph, subdivision, section or part thereof
   29  directly  involved  in the controversy in which such judgment shall have
   30  been rendered. It is hereby declared to be the intent of the legislature
   31  that this act would have been enacted even if  such  invalid  provisions
   32  had not been included therewith.
   33    S 4. This act shall take effect immediately, and shall apply to crimes
   34  committed prior to, on or after the effective date of this act.