Bill Text: NY A08664 | 2021-2022 | General Assembly | Introduced

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Bill Title: Prohibits persons convicted of murder or sentenced to life without parole or where the defendant acting either alone or with one or more other persons, commits or attempts to commit robbery, burglary, kidnapping, arson, rape in the first degree, criminal sexual act in the first degree, sexual abuse in the first degree, aggravated sexual abuse, escape in the first degree, or escape in the second degree, and, in the course of and in furtherance of such crime or of immediate flight therefrom, he or she, or another participant, if there be any, intentionally causes the death of: a police officer; a peace officer; a firefighter, emergency medical technician, ambulance driver, paramedic, physician or registered nurse involved in a first response team, or any other individual who, in the course of official duties, performs emergency response; or an employee of a state correctional institution or was an employee of a local correctional facility, when such person was engaged in the course of performing their official duties, from being eligible for commutation of sentence.

Spectrum: Partisan Bill (Republican 19-0)

Status: (Introduced - Dead) 2022-05-03 - held for consideration in codes [A08664 Detail]

Download: New_York-2021-A08664-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8664

                   IN ASSEMBLY

                                    January 10, 2022
                                       ___________

        Introduced by M. of A. LAWLER -- read once and referred to the Committee
          on Codes

                    CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

        proposing an amendment to section 4 of article 4 of the constitution, in
          relation  to  prohibiting  persons convicted of murder or sentenced to
          life without parole from being eligible for commutation of sentence

     1    Section 1. Resolved, (if the Senate concur), That  section 4 of  arti-
     2  cle 4 of the constitution be amended to read as follows:
     3    §  4.  The  governor  shall  have the power to grant reprieves, commu-
     4  tations and pardons after conviction, for all offenses  except  treason,
     5  murder,  crimes  where  the  defendant is sentenced to life imprisonment
     6  without parole, or where the defendant acting either alone or  with  one
     7  or  more other persons, commits or attempts to commit robbery, burglary,
     8  kidnapping, arson, rape in the first degree, criminal sexual act in  the
     9  first degree, sexual abuse in the first degree, aggravated sexual abuse,
    10  escape  in the first degree, or escape in the second degree, and, in the
    11  course of and in furtherance of such crime or of immediate flight there-
    12  from, he or she, or another participant, if there be any,  intentionally
    13  causes  the death of: a police officer as defined in subdivision thirty-
    14  four of section 1.20 of the criminal procedure law; a peace  officer  as
    15  defined  in  paragraph  a of subdivision twenty-one, subdivision twenty-
    16  three, twenty-four or sixty-two (employees of the division for youth) of
    17  section 2.10 of the criminal procedure  law;  a  firefighter,  emergency
    18  medical technician, ambulance driver, paramedic, physician or registered
    19  nurse involved in a first response team, or any other individual who, in
    20  the  course  of  official  duties,  performs  emergency  response; or an
    21  employee of a state correctional institution or was  an  employee  of  a
    22  local  correctional  facility  as  defined in subdivision two of section
    23  forty of the correction law, when such person was engaged in the  course
    24  of performing their official duties, and cases of impeachment, upon such
    25  conditions  and with such restrictions and limitations, as he or she may
    26  think proper, subject to such regulations as  may  be  provided  by  law
    27  relative  to  the  manner  of  applying for pardons. Upon conviction for
    28  treason, the governor shall have power to suspend the execution  of  the
    29  sentence,  until  the  case  shall be reported to the legislature at its

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89163-02-1
        A. 8664                             2

     1  next meeting, when the legislature shall either pardon, or  commute  the
     2  sentence,  direct  the  execution  of  the  sentence, or grant a further
     3  reprieve. The governor shall annually  communicate  to  the  legislature
     4  each  case  of reprieve, commutation or pardon granted, stating the name
     5  of the convict, the crime  of  which  the  convict  was  convicted,  the
     6  sentence  and  its  date,  and  the  date  of the commutation, pardon or
     7  reprieve.
     8    § 2. Resolved (if the Senate concur), That the foregoing amendment  be
     9  referred  to  the  first regular legislative session convening after the
    10  next succeeding general election of members of  the  assembly,  and,  in
    11  conformity  with  section  1  of  article  19  of  the  constitution, be
    12  published for three months previous to the time of such election.