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History
- Referred to codes
- Considered by committee - defeated
- Motion to discharge filed
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Relates to sentencing procedures in capital punishment cases
In Assembly Committee · Codes · Sponsor Brian Kolb
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the criminal procedure law, in relation to capital punishment
Purpose
The bill addresses the recent Court of appeals decision in PEOPLE V. LAVALLE by mandating that those convicted of first degree murder be unanimously sentenced by a jury to death, life imprisonment without parole, or an indeterminate sentence with a minimum term of between 20 and 25 years, to be determined by the court, and a maximum term of life imprisonment. If a jury is unable to unanimously agree upon any of the aforementioned permissible sentences, then the defendant will be sentenced to a term of life imprisonment without parole.
Summary of provisions
Sections 1 and 2 of the bill would amend Subdivisions 1 and 10 of Section 400.27 of the Criminal Procedure Law to include, among the list of sentences the jury is permitted to impose following a conviction of Murder in the First Degree, an indeterminate sentence with a minimum term of between 20 and 25 years, to be determined by the court, and a maximum term of life imprisonment. Section 2 also provides that the jury will be instructed that in the case of a jury deadlock (the jury is unable to unanimously agree on any of the three permissible sentencing options), the defendant will be sentenced to life imprisonment without parole.
Read the full memo (627 words)
Section 3 of the bill would amend Subdivision 11 of Section 400.27 of the Criminal Procedure Law to conform to Sections 1 and 2 of the bill.
Section 4 of the bill contains a severability clause.
Section 5 of the bill would provide that the bill takes effect immediately.
Existing law
A sentencing jury for a charge of Murder in the First Degree is only permitted to sentence the defendant to either death or life imprisonment without parole. If a sentencing jury deadlocks, 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.
Justification
Recently, the Court of Appeals, in PEOPLE V. LAVALLE , 2004 NY Slip. Op. 71 (June 24, 2004), held that the jury instruction in a capital case which informs the jury that in the 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 further held that the Due Process Clause of the New York State Constitution requires that the jury be instructed as to the consequences of a deadlock in their sentencing deliberations.
The bill would remedy the Court of Appeals' concern regarding coercion by mandating a sentence of life without parole if the sentencing jury deadlocks, thereby eliminating the possibility that a defendant in such a case could ever be released, Therefore, a juror who, in good conscience, believed that death was not an appropriate sentence in such a case could not be coerced into voting for death out of fear of the defendant's release. Moreover, the Court's requirement that the sentencing jury be informed of the result of their inability to reach a unanimous sentencing verdict is met by adapting the existing instruction to reflect the new jury default sentence of life without parole.
Legislative history
2007-08: S.4632/A.8157 - Passed Senate both years 2005-06: S.2727, Governor's Program Bill, Passed Senate both years. 2004: S.7720, Governor's Program Bill.
Fiscal implications
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.