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S6462Senate2013-2014 SessionSame asA9150

Permits sentences for two or more crimes committed through a single act to run consecutively when one of such crimes is a homicide

Sponsor Terry GipsonSD-41Affects Legal
Status
In Senate Committee
Codes
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Codes

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Sponsors

Primary sponsor
Terry Gipson

Senator · Senate District 41

No co-sponsors yet.

History

  1. 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.

A9150Assembly

Permits sentences for two or more crimes committed through a single act to run consecutively when one of such crimes is a homicide

In Assembly Committee · Codes · Sponsor Frank Skartados

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:S6462

Title of bill

An act to amend the penal law, in relation to consec- utive sentences for homicide offenses

Purpose

Permits sentence for two or more crimes committed through a single act to run consecutively when one of such crimes is a homicide.

Summary of provisions

Section 1 amends subdivision 2 of section 70.25 of the penal law to provide a judge with the discretion to sentence a defendant that receives separate sentences for multiple homicides, committed through a single act or omission consecutively.

Section 2 sets an immediate effective date.

Justification

On August 1, 2012, Ryan Floryan ran a red light at the Eastbound Arterial and Worrall Avenue in the City of Poughkeepsie and slammed into a Kia Optima carrying Shawn and Patricia Wonderly of the City of Poughkeepsie. The couple was killed in the crash Thankfully, their two beautiful children Abigail, now 9, and Matthew Wonderly, now 8, who were also in the car survived the crash.

On Wednesday June 12, 2013, Ryan Floryan pleaded guilty to two counts of second-degree manslaughter. He faces six and a half to thirteen years in prison. While the families were relieved by Mr. Floryan's guilty plea, they are rightfully upset that under state law, Dutchess County Court Judge Stephen Greller could not impose a stricter sentence and must have the sentences run at the same time. Even though he killed two individ- uals with his actions, he serves a sentence for both of them concurrent- ly. During court proceedings, Floryan admitted that he was driving at an excessive speed to avoid City of Poughkeepsie police because he was on parole violation.

Judges in New York State are handcuffed and shackled when it comes this concurrent sentence stipulation. This law is not fair and it cheapens and degrades human life. It is disgraceful and prevents proper punish- ments for career criminals.

Subdivision 2 of Section 70.25 of the Penal Law currently provides that the multiple sentences imposed on offenders who have committed numerous crimes by means of a single act must run concurrently. This means that all of the sentences are served at the same time. The portion of the bill amending Penal Law Section 70.25 will remedy this situation by requiring that the separate sentences imposed for multiple injuries or deaths caused by one act run consecutively.

This will allow a defendant to be punished for more than just the harm caused to one of his or her multiple victims This will help to ensure that the extent of a defendant's sentence will directly and appropriate- ly relate to the amount of suffering he or she has caused to society.

Legislative history

This is a new bill.

Local fiscal implications

None.

Effective date

This act shall take effect on the first of November next succeeding the date on which it shall become a law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.