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S8228Senate2017-2018 SessionSame asA10552

No Parole for Manslaughter

Official title

“Relates to prohibiting conditional release on parole for persons convicted of manslaughter”

Sponsor Martin J. GoldenSD-22+2 co-sponsorsAffects Legal
Status
In Assembly Committee
Codes
Impact
6/10
Moderate
Passage
0%

Bill progress

Step 5 of 7

In Assembly · Codes

What's happening

This bill makes individuals convicted of first degree manslaughter ineligible for conditional release from prison.

Why it matters

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Who cares

Headline styles

No Parole for Manslaughter

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Martin J. Golden

Senator · Senate District 22

Chair, Civil Service And Pensions

History

  1. Referred to codes
  2. Delivered to assembly
  3. Passed senateVote 49–14
  4. Ordered to third reading cal.932
  5. Committee discharged and committed to rules
  6. 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.

A10552Assembly

No Parole for Manslaughter

In Assembly Committee · Codes · Sponsor Nicole Malliotakis

Impact 6 · Moderate0% to pass

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

8228

IN SENATE

April 20, 2018

Introduced by Sen. GOLDEN -- read twice and ordered printed, and when printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in relation to the sentence for first degree manslaughter

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section 70.40 of the penal law is amended by adding a new subdivision 4 to read as follows:

4. First degree manslaughter. Notwithstanding any provision of law to the contrary, a person who is serving one or more than one indeterminate or determinate sentence of imprisonment for one or more than one conviction of the offense of manslaughter in the first degree, as defined in section 125.20 of this chapter, shall not be eligible for conditional release pursuant to this section for any sentence of imprisonment imposed upon conviction for such offense.

§ 2. This act shall take effect immediately.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD15506-01-8

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the penal law, in relation to the sentence for first degree manslaughter

Purpose or general idea of bill

This bill would deny conditional release for any individual that is convicted of manslaughter in the first degree. Currently, a person found guilty of first-degree manslaughter is eligible for conditional release after serving six-sevenths of a determinate sentence of the first eligi- ble date of discretionary parole.

Summary of specific provisions

Section one of the bill would add a new subdivision 4 to section 70.40 of the penal law to deny conditional release for any person convicted of manslaughter in the first degree.

Section two provides that this act shall take effect immediately.

Justification

On Palm Sunday of 1984, one of the most infamous mass shootings in New York's history occurred, forever known since then as the "Palm Sunday Massacre".

On that day, Christopher Thomas went to the home of his cocaine dealer and executed eight children between the ages of 4 and 14 and their two mothers. Paradoxically, the dealer was not home at that time, and avoided the fate of the innocent children.

Mr. Thomas and his attorneys raised a defense that he should not be convicted of murder because his use of crack cocaine made him not responsible for his mental state due to extreme emotional distress. During the mid-1980's, the crack cocaine epidemic was at its height, and there was a common belief that rock cocaine destroyed all sense of personal responsibility and control. Consequently, he was convicted of ten counts of first-degree manslaughter and second-degree possession of an illegal weapon rather than murder.

Mr. Thomas received 10 consecutive prison terms or what could have been a total of 250 years in prison, but that current State Law caps at a total of 50 years. Consequently, he became eligible for release after less than 33 years of his maximum sentence. He was released from Shawan- gunk Correctional Facility in January of this year.

Prior legislative history

New bill.

Fiscal implications

None.

Effective date

This act shall take effect immediately.

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