Bill Text: NY A06483 | 2019-2020 | General Assembly | Introduced


Bill Title: Enacts "Lorraine's Law"; increases from twenty-four to sixty months, the time for which reconsideration for parole for a violent felony offense shall be determined.

Spectrum: Moderate Partisan Bill (Republican 30-9)

Status: (Introduced) 2019-03-08 - referred to correction [A06483 Detail]

Download: New_York-2019-A06483-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
            S. 4354                                                  A. 6483
                               2019-2020 Regular Sessions
                SENATE - ASSEMBLY
                                      March 8, 2019
                                       ___________
        IN  SENATE  --  Introduced  by  Sens.  LAVALLE,  FUNKE, HELMING, O'MARA,
          RANZENHOFER, SEWARD, TEDISCO, YOUNG -- read twice and ordered printed,
          and when printed to be committed to the Committee  on  Crime  Victims,
          Crime and Correction
        IN  ASSEMBLY  --  Introduced  by M. of A. THIELE, PALMESANO, MAGNARELLI,
          STIRPE, FINCH, KOLB, WOERNER, RAIA, BRABENEC, RA,  GIGLIO,  GARBARINO,
          CROUCH,  LALOR,  LAWRENCE,  PALUMBO, HAWLEY, FITZPATRICK, BLANKENBUSH,
          STEC, GOODELL, DiPIETRO, RYAN, DILAN, COLTON, JONES -- Multi-Sponsored
          by -- M. of A. BARCLAY, BYRNE, FRIEND, JOHNS, MALLIOTAKIS,  McDONOUGH,
          B. MILLER,  M. L. MILLER,  MONTESANO,  MORINELLO, NORRIS, SCHIMMINGER,
          WALSH -- read once and referred to the Committee on Correction
        AN ACT to amend the executive law, in relation  to  the  time  in  which
          reconsideration  for  parole  shall  be  determined  in  the  case  of
          convictions for murder in the first  degree,  aggravated  murder,  and
          murder in the second degree, where a sentence other than death or life
          imprisonment without parole is imposed
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. This act shall be known and may  be  cited  as  "Lorraine's
     2  Law".
     3    § 2. Legislative findings and intent. This legislation is named in the
     4  memory  of  Lorraine  Miranda  who was a native of Shirley, Long Island.
     5  Despite being afflicted with Cerebral Palsy,  she  graduated  from  high
     6  school,  moved  to Staten Island, New York and worked tirelessly to help
     7  disabled children at the Port Richmond branch of United  Cerebral  Palsy
     8  of  New  York  while attending college at night. She was engaged and was
     9  planning her wedding. In a tragic turn, Lorraine  Miranda  was  brutally
    10  murdered  by her fiancee on December 5, 1988. She was only 24 years old.
    11  Her killer was sentenced to 15 years to life in prison. He became eligi-
    12  ble for parole in 2003 and has since been denied seven times.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03177-01-9

        S. 4354                             2                            A. 6483
     1    Currently when parole is denied, the Parole Board has  the  discretion
     2  to  set  the date for reconsideration for parole for any date within two
     3  years of the denial of parole. In many cases, especially those involving
     4  heinous acts of murder in  the  first  degree,  aggravated  murder,  and
     5  murder  in  the  second  degree,  parole  will be denied numerous times.
     6  However, each time an inmate is  considered  for  parole,  the  victim's
     7  family  must  relive  the horror of the crime for the sake of impressing
     8  upon the Parole Board the inappropriateness of early  release.  Lorraine
     9  Miranda's  mother,  who  has  been  diagnosed with post-traumatic stress
    10  syndrome, has stated that the agony of  reliving  her  daughter's  death
    11  every  24  months is unbearable and is a major trigger of panic symptoms
    12  which interfere with her quality of life.
    13    It is not the intent of "Lorraine's Law" to in any way  infringe  upon
    14  the Parole Board's ability to allow for the current 24-month reconsider-
    15  ation period. It merely provides another option for the board to consid-
    16  er if it is apparent that nothing could transpire in the next five years
    17  that  would  cause  them  to render a different opinion regarding parole
    18  release. Only in these cases would the board have the ability to set the
    19  date for reconsideration anywhere between 24-months and 60-months  which
    20  would  afford  grieving families a greater period of peace before having
    21  to testify at the next parole hearing.
    22    § 3. Subparagraph (i) of paragraph (a) of  subdivision  2  of  section
    23  259-i of the executive law, as amended by section 38-f-1 of subpart A of
    24  part C of chapter 62 of the laws of 2011, is amended to read as follows:
    25    (i)  Except  as  provided  in  subparagraph (ii) of this paragraph, at
    26  least one month prior to the date on which  an  inmate  may  be  paroled
    27  pursuant  to subdivision one of section 70.40 of the penal law, a member
    28  or members as determined by the rules  of  the  board  shall  personally
    29  interview  such inmate and determine whether he or she should be paroled
    30  in accordance with the guidelines adopted pursuant to  subdivision  four
    31  of  section  two  hundred fifty-nine-c of this article. If parole is not
    32  granted upon such review, the inmate shall be informed in writing within
    33  two weeks of such appearance of the factors and reasons for such  denial
    34  of  parole.  Such reasons shall be given in detail and not in conclusory
    35  terms. The board shall specify a date not more than  twenty-four  months
    36  from  such  determination  for reconsideration, and the procedures to be
    37  followed upon reconsideration shall be the same, however in the case  of
    38  a  defendant  sentenced  for an eligible class A felony, the board shall
    39  specify a date not more than sixty months from  such  determination  for
    40  reconsideration  and  the  procedures to be followed for reconsideration
    41  shall be the same. For the purposes of this section an "eligible class A
    42  felony" shall mean a conviction for the class A-I felonies of: murder in
    43  the first degree as defined in section 125.27 of the penal law  where  a
    44  sentence  other  than  death  or  life  imprisonment  without  parole is
    45  imposed; aggravated murder as defined in section 125.26 of the penal law
    46  where a sentence other than death or life imprisonment without parole is
    47  imposed; and murder in the second degree as defined in section 125.25 of
    48  the penal law where a sentence  other  than  life  imprisonment  without
    49  parole  is imposed.  If the inmate is released, he or she shall be given
    50  a copy of the conditions of parole. Such conditions shall  where  appro-
    51  priate,  include a requirement that the parolee comply with any restitu-
    52  tion order, mandatory surcharge, sex offender registration fee  and  DNA
    53  databank  fee  previously  imposed  by a court of competent jurisdiction
    54  that applies to the parolee. The conditions shall indicate which  resti-
    55  tution  collection agency established under subdivision eight of section
    56  420.10  of  the  criminal  procedure  law,  shall  be  responsible   for

        S. 4354                             3                            A. 6483
     1  collection  of  restitution, mandatory surcharge, sex offender registra-
     2  tion fees and DNA databank fees as provided for in section 60.35 of  the
     3  penal  law  and section eighteen hundred nine of the vehicle and traffic
     4  law.
     5    §  4. Paragraph (a) of subdivision 2 of section 259-i of the executive
     6  law, as amended by section 38-f-2 of subpart A of part C of  chapter  62
     7  of the laws of 2011, is amended to read as follows:
     8    (a)  At  least one month prior to the expiration of the minimum period
     9  or periods of imprisonment fixed by the court  or  board,  a  member  or
    10  members  as determined by the rules of the board shall personally inter-
    11  view an inmate serving an indeterminate sentence and  determine  whether
    12  he  or  she should be paroled at the expiration of the minimum period or
    13  periods in accordance with the procedures adopted pursuant  to  subdivi-
    14  sion four of section two hundred fifty-nine-c of this article. If parole
    15  is not granted upon such review, the inmate shall be informed in writing
    16  within  two weeks of such appearance of the factors and reasons for such
    17  denial of parole. Such reasons shall be  given  in  detail  and  not  in
    18  conclusory  terms.  The board shall specify a date not more than twenty-
    19  four months from such determination for reconsideration, and the  proce-
    20  dures  to be followed upon reconsideration shall be the same, however in
    21  the case of a defendant sentenced for an eligible class  A  felony,  the
    22  board shall specify a date not more than sixty months from such determi-
    23  nation for reconsideration, and the procedures to be followed for recon-
    24  sideration  shall  be  the  same.  For  the  purposes of this section an
    25  "eligible class A felony" shall mean a  conviction  for  the  class  A-I
    26  felonies  of: murder in the first degree as defined in section 125.27 of
    27  the penal law where a sentence other than  death  or  life  imprisonment
    28  without  parole  is  imposed;  aggravated  murder  as defined in section
    29  125.26 of the penal law where a sentence other than death or life impri-
    30  sonment without parole is imposed; and murder in the  second  degree  as
    31  defined  in  section 125.25 of the penal law where a sentence other than
    32  life imprisonment without parole is imposed.  If the inmate is released,
    33  he or she shall be given a copy of the conditions of parole. Such condi-
    34  tions shall where appropriate, include a requirement  that  the  parolee
    35  comply  with  any  restitution  order and mandatory surcharge previously
    36  imposed by a court of competent jurisdiction that applies to  the  paro-
    37  lee.  The  conditions shall indicate which restitution collection agency
    38  established under subdivision eight of section 420.10  of  the  criminal
    39  procedure  law,  shall  be responsible for collection of restitution and
    40  mandatory surcharge as provided for in section 60.35 of  the  penal  law
    41  and section eighteen hundred nine of the vehicle and traffic law.
    42    §  5.  This  act  shall take effect immediately and shall apply to all
    43  future and currently incarcerated individuals sentenced for an  eligible
    44  class  A  felony;  provided  that  the amendments to subparagraph (i) of
    45  paragraph (a) of subdivision 2 of section 259-i  of  the  executive  law
    46  made by section three of this act shall be subject to the expiration and
    47  reversion  of  such paragraph pursuant to subdivision d of section 74 of
    48  chapter 3 of the laws of 1995, as  amended,  when  upon  such  date  the
    49  provisions of section four of this act shall take effect.
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