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 holdings in People v. LaValle, 3 N.Y.3d 388 (2004) and People v. Taylor, 9 N.Y.3d 129(2007)and reinstates the death penalty for those who intentionally murder a police officer, peace officer, an employee of a State correctional institution, or an employee of a local correctional facility.

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, an employee of a State correctional institution, or an employee of a local correctional facility pursuant to provisions of current law defining the crime of 1st degree murder 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

The current deadlock instruction prescribed in Criminal Procedure Law section 400 27(10) was held to be unconstitutional by the Court of Appeals in People v. LaValle.

Justification

In 2004, the Court of Appeals in the case of People v. LaValle held that the deadlock instruction given to a jury in a capital case to inform the jury that if it is deadlocked, the defendant is automatically sentenced to an indeterminate sentence with a minimum term of between 20 and 25 years and 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.

In 2007, the Court of Appeals, in People v. Taylor, relied upon the precedent set in People v. LaValle to vacate the death sentence even though the defendant was convicted of multiple first degree murders and there was no possibility that he would be released from incarceration before his death. While the concerns regarding the deadlock instruction that existed in LaValle were not present in Taylor, the Court could not allow the death sentence to stand because

the Court, in LaValle, held that the death penalty could not be imposed under the existing statute.

Chapter 765 of the Laws of 2005 enacted the "Crimes Against Police 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, an employee of a State correctional institution, or an employee of a local correctional facility. 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, an employee of a State correctional institution, or an employee of a local correctional facility.

In Taylor, the Court stated "Indeed, the needed correction may be as simple as enacting a sentencing statute that provides for life without parole if the jury cannot unanimously agree on death." This bill adopts the Court's suggestion for the correction to the deadlock instruction and fashions a new deadlock instruction using the Court's suggested language.

Legislative history

2011-2: S.645 - Referred to Codes both years 2009-10: S.2747 - Referred to Codes both years 2007-8: S.6414 - Passed Senate both years

Fiscal implications

None to the State

Local fiscal implications

None

Effective date

This act shall take immediately and shall apply to offenses committed on or after such effective date.