Provides that sentence for commission of certain provisions of murder in the first degree is death or life without parole

Summary of provisions

Section 1 sets forth the legislative intent to address the holding of the New York Court of Appeals in 2004 in the case of People v. LaValle so as to reinstate the death penalty for those who intentionally murder a police officer, peace officer or an employee of the Department of Correctional Services.

Sections 2, 3 and 4 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 5 of the bill provides that the legislation shall take effect immediately and shall apply to acts committed on and after such date.

Existing law

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 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 to preclude the defendant's future release. The Court of Appeal 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.

Chapter 765 of the laws of 2005 enacted the crimes against police officers act. Part of that law created the new crime of aggravated murder which is deemed to occur when a person intentionally murders a police officer, peace officer or an employee of the Department of Correctional Services. The only sentence which may be imposed for the crime of aggravated murder is life imprisonment without parole. Because of the holding in the LaValle case current law does not allow the imposition of the death penalty upon a person who is convicted of

intentionally murdering a police officer, peace officer or an employee of the Department of Correctional Services.

Justification

In 2004 the New York Court of Appeals in the case of People v. LaValle ruled that the procedure for imposing the death penalty was flawed. As a result of this ruling, prosecutors have been unable to seek imposition of the death death penalty when a law enforcement officer is murdered while performing his duties. Since the ruling of the Court of Appeals in the La Valle case, there have been eight police officers in this state intentionally murdered. Seven of these murders have occurred after this legislation enacted a sentence of life without parole for those who kill law enforcement officers. Other officers have been seriously wounded. The need is clear that a deterrence is needed to address this trend of aggression toward those men and women who put their lives at risk while protecting the citizens of this state.

Legislative history

S.6414 of 2008, Passed Senate S.2747 of 2010, Referred to Codes

Fiscal implications

None.

Local fiscal implications

None.

Effective date

Immediately and applicable to acts committed on and after such date.