Makes life imprisonment without parole mandatory for defendants convicted of murder in the first degree and the victim is a police officer

Summary of provisions

Amends section 60.06 of the penal law, as amended by chapter 482 of the laws of 2009, requiring a term of life imprisonment without parole upon the conviction for the crime of murder in the first degree as defined in subparagraph (i) of paragraph (a) of subdivision one of section 125.27 of this chapter.

Existing law

In 2004, the New York State Court of Appeals, in the case of PEOPLE vs. LAVALLE, found that New York's existing capital punishment (death penalty) statute was unconstitutional and could not be enforced. This finding related to language in the law governing the instruction to be given to a jury in a capital case in the event that the jury became deadlocked and could not agree on either of the two sentences provided under the law: death or life without the possibility of parole. Specifically, the jury would be informed that, in the case of deadlock, the trial judge would be empowered to sentence the defendant to as little as 20 years to life or as much as life in prison without parole. The court found that this instruction might coerce jurors in favor of sentencing the defendant to life in prison without parole to change their votes to the death penalty, worried that the defendant might otherwise be released on parole in 20 years. This potential for coercion was found to violate the due process clause of the New York State Constitution. The court did not hold that the death penalty was an inappropriate punishment for certain heinous crimes; only that the procedure for imposing the sentence was flawed.

After the Court of Appeals invalidated New York's death penalty law, the Legislature enacted Chapter 765 of the Laws of 2005, also known as "The Crimes Against Police Officers Act." Part of this law created the new crime of aggravated murder - deemed to occur when a person intentionally kills a police officer, peace officer or an employee of the Department of Correctional Services. The only sentence which can be imposed under this 2005 law for the crime of aggravated murder is life imprisonment without parole.

However, the earlier crime of murder in the first degree, the charge brought against those who intentionally killed law enforcement officers prior to the enactment of the 2005 Crimes Against Police Officers Act, remained on the books following the Court of Appeals ruling on the death penalty statute. As such, state law technically continues to provide for prosecutorial discretion in allowing those who murder law enforcement officers to be eligible for parole - in direct contradiction to the intent of the 2005 statute.

Justification

This legislation seeks to close the loophole that allows parole for murderers of police officers by requiring that mandatory life sentences without parole be imposed for these circumstances without exception. In the case of the family of Police

Officer Edward Byrne who was murdered by four assailants on February 26, 1988, these survivors are forced to relive the ordeal every two years as the criminals are considered for parole. Families of murdered law enforcement officers should not have to endure this experience, and such criminals must never, under any circumstances, be considered for release.

LEGISLATIVE HISTORY:2014: S. 4409 - Referred to Codes.

FISCAL IMPLICATIONS:To be determined.

Effective date

The first of November succeeding the date on which it has become law.