Increases penalties for second homicide offenders

Summary

Bill section one adds a new section 400.17 to the criminal procedure law, which defines the procedure that must be followed in any case where it appears that a defendant who has been convicted of murder in the first degree, murder in the second degree, or of manslaughter in the first degree has previously been subjected to a predicate homicide conviction, as a result of which the defendant may be eligible for enhanced sentencing as a second homicide offender. The procedures are the same for determining whether a defendant is eligible for sentencing as a persistent felony offender.

Predicate homicide convictions, defined in bill section four, which adds a new section 70.09 to the penal law, are murder in the first or second degrees, or manslaughter in the first degree. Where the court determines following a hearing that the defendant is eligible for sentencing as a second homicide offender, bill section two, through addition of a new section 400.18 to the criminal procedure law, establishes the procedure for determining whether the defendant should in fact be sentenced as a second homicide offender.

The court must be of the opinion that the history and character of the defendant and the nature and circumstances of his criminal conduct are such that extended incarceration at the minimum end of the sentence as well as lifetime supervision are warranted to best serve the public interest. The Court may conduct a hearing to determine whether such criteria have been met. If the defendant is eligible to be sentenced as a second homicide offender and the court determines that the defendant should be sentenced as a second homicide offender, the minimum terms are as follows: if the instant conviction is for a class A-I felony (murder in the first or second degrees, the mandatory minimum is thirty years but may not exceed fifty years. Current law authorizes a MINIMUM sentence of twenty-five years. If the instant conviction is for a class B felony (manslaughter in the first degree,) the second homicide offender

must sentence the defendant to a mandatory minimum of fifteen years, up to a maximum mandatory minimum of thirty years; for a B felony offender, current law authorizes a maximum of twenty-five years; if the instant B felony is a third felony conviction, the minimum is ten years.

Justification

While current law contains enhanced and mandatory sentences of imprisonment for second and persistent felony offenders, no sentence enhancement is specifically designed to punish more severely those who kill more than once. This bill seeks to recognize the unforgivable harm inflicted by repeat killers by establishing mandatory minimum sentences applicable only to second homicide offenders. By providing comprehensive notice and hearing procedures, and making the decision to impose such severe sanctions discretionary with the judge, the bill ensures that only the most deserving of criminals will receive the enhanced punishment.

Fiscal implications

Some additional costs for confining second homicide offenders.

Effective date

First of November next succeeding the date on which it shall have become a law, but applies only to offenses committed on or after such effective date.