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S1252Senate2019-2020 Session

Allow Consecutive Sentences for Homicide

Official title

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

Sponsor Susan SerinoSD-41+1 co-sponsorAffects Legal
Status
In Senate Committee
Codes
Impact
5/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Codes

What's happening

This bill allows courts to impose consecutive prison sentences for multiple homicide convictions, even if they arise from a single act.

Why it matters

  1. Increases the potential punishment for individuals convicted of killing more than one person in a single act. for example, in cases of mass shootings, drunk driving crashes, or other incidents causing multiple deaths, courts could impose separate, back-to-back sentences for each victim, potentially resulting in much longer time in prison.

  2. Represents a shift in how justice is delivered for victims’ families. under current law, multiple homicide convictions from a single act are usually served at the same time (concurrently), but this bill allows each life lost to be recognized with its own consecutive sentence, addressing concerns that the current system undervalues the loss of multiple lives.

  3. Could act as a stronger deterrent for actions that could harm multiple people. knowing that each additional life lost could add significantly more prison time may influence behavior, especially in cases involving reckless or intentional acts.

  4. Signals a policy stance that treats each homicide as a distinct harm, regardless of whether deaths occurred in a single event. this could have broader implications for criminal sentencing philosophy and future legislation regarding violent crime.

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Who cares

Headline styles

Allow Consecutive Sentences for Homicide

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

Sponsors

Primary sponsor
Susan Serino

Senator · Senate District 41

History

  1. Referred to codes
  2. Referred to codes

Full text

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

STATE OF NEW YORK

1252

2019-2020 Regular Sessions

IN SENATE

January 11, 2019

Introduced by Sens. SERINO, AKSHAR -- 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 consecutive sentences for homicide offenses

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

Section 1. Subdivision 2 of section 70.25 of the penal law, as amended by chapter 56 of the laws of 1984, is amended to read as follows:

2. When more than one sentence of imprisonment is imposed on a person for two or more offenses committed through a single act or omission, or through an act or omission which in itself constituted one of the offenses and also was a material element of the other, the sentences, except if one or more of such sentences is for a violation of section 270.20 of this chapter, must run concurrently. Provided however, that if one or more of such sentences is for a conviction under article one hundred twenty-five of this chapter, the sentences may run consecutively.

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

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

[ ] is old law to be omitted.

LBD06727-01-9

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 consecutive sentences for homicide offenses

Purpose

This bill authorizes the imposition of consecutive sentences of impri- sonment for homicide offenses against more than one person that are committed in a single act.

Summary of provisions

Section 1: Amends the penal law to authorize consecutive sentences if one or more of the sentences are for homicide and a separate person is the victim of each offense.

Section 2: Provides an effective date.

Existing law

Under current law, sentencing runs concurrently, regardless of the number of victims killed in a single act.

Justification

On August 1, 2012, a car carrying two children and their parents was hit when a parole violator ran a red light in an effort to escape from the police. The accident resulted in the death of both parents. The defend- ant pleaded guilty to two counts of second-degree manslaughter. He faced a maximum sentence of seven to fifteen years in prison. As a result of the current law, the judge was mandated to sentence the defendant to concurrent terms, even though he took the lives of two individuals.

This bill will authorize judges to impose sentences that run consec- utively for assault and homicide convictions when the single act involves two or more victims. This will help to ensure that the extent of a defendant's sentence will directly and appropriately relate to the amount of suffering he or she has caused to society.

Legislative history

2017-18: S2159 Passed Senate/Referred to Codes 2015-16: S.3694-A Passed Senate 2014: S.7482 Passed Senate

Fiscal implications

None.

Effective date

The first of November after enactment.

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