A01070 Summary:

BILL NO    A01070 

SAME AS    Same as S 2747

SPONSOR    Destito (MS)

COSPNSR    Mayersohn, Abbate, Koon, Gabryszak, Cusick, Fields, Seminerio,
           Pheffer, Cymbrowitz, Brook-Krasny, Townsend, Kolb, Calhoun, Finch,
           Giglio

MLTSPNSR   Bacalles, Barclay, Butler, Conte, Crouch, Duprey, McDonough,
           McKevitt, Molinaro, Rabbitt, Saladino, Spano, Tobacco, Weisenberg

Amd SS60.06 & 70.00, Pen L; amd S400.27, CP L

Provides that the sentence for committing murder in the first degree when the
victim is a police officer, peace officer or correction officer shall be either
death or life imprisonment without parole.

A01070 Actions:

BILL NO    A01070 

01/07/2009 referred to codes
01/06/2010 referred to codes

A01070 Votes:

A01070 Memo:

 BILL NUMBER:  A1070

 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 SPECIFIC PROVISIONS :

Sections 1, 2 and 3 amend provisions of current law to provide that
any person who is convicted of the intentional murder of a police
officer, peace officer or an employee of the Department of
Correctional Services pursuant to provisions of current law defining
the crime of murder 1st degree shall, if the jury elects not to impose
the sentence of death, be sentenced to life imprisonment without
parole.

Section 4 of the bill amends provisions of current law to permit the
imposition by the jury of the death penalty upon a person convicted of
murder 1st degree of a police officer, peace officer or an employee of
the Department of Correctional Services.

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 VS. LAVALLE  held
that the jury instruction in a capital case which informs the jury
that in case of a jury deadlock the defendant is automatically
sentenced to an indeterminate sentence with a minimum term of between
20 and 25 years and a 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.  This bill would
remedy the Court of Appeals concerns with respect to the intentional
murder of a police officer, peace officer or an employee of the
Department of Correctional Services by mandating the sentence of life
without parole if the jury is unable to agree upon imposition of the
death penalty.

 LEGISLATIVE HISTORY :

2007-08: A.7799 - Referred to Assembly Codes Committee

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
Immediately and applicable to acts committed on and after such date.