What's happening
This bill allows consecutive sentences for certain homicide convictions involving multiple victims and defendants under supervision.
Why it matters
Statewide exception. New York generally requires overlapping sentences for offenses arising from the same act or certain related acts. This bill would allow consecutive sentences in specified cases instead.
Three conditions. The person must have been on supervised release, conditional release, probation or parole; multiple victims must each suffer serious physical injury or death; and at least one sentence must involve a homicide conviction.
Longer imprisonment. Courts could order qualifying sentences served back-to-back rather than simultaneously, potentially increasing time in prison. Consecutive sentences would be permitted, not required.
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Who cares
People under criminal justice supervision
They could face consecutive sentences for qualifying offenses committed while on release, probation or parole.
Judges, prosecutors and defense attorneys
The bill would change sentencing options in qualifying cases involving multiple victims and a homicide conviction.
Seriously injured victims and families of people killed
Cases involving multiple victims could result in sentences served back-to-back when the other conditions are met.
Headline styles
Tougher Sentences for Repeat Offenders
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Notice of committee consideration - requested
- 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.
Tougher Sentences for Repeat Offenders
In Assembly Committee · Codes · Sponsor Sandy Galef
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2600
2019-2020 Regular Sessions
IN SENATE
January 28, 2019
Introduced by Sen. SERINO -- 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 sentencing for certain convictions
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 a sentence may run consecutively if (a) the person was under supervised release, conditional release, probation, or parole at the time of the act; and (b) there were multiple victims who each sustained serious physical injury or death; and (c) if one or more of such sentences is for a conviction under article one hundred twenty-five of this chapter.
§ 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.
LBD06843-01-9
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 sentencing for certain convictions
Purpose
To authorize the imposition of consecutive sentences of imprisonment in certain cases for homicide related 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 a person is convicted under Article 125 of the penal law while under supervised or conditional release, probation or parole at the time of the act and such act results in multiple victims who each sustain seri- ous physical injury or death.
Section 2: Provides the 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, aged 8- and 7-years old, and their parents was hit when a parole violator ran a red light in an effort to escape from the police, resulting in the death of both parents and sending the two children to the hospital. The defendant pleaded guilty to two counts of second-degree manslaughter and was sentenced to six-and-a-half to thirteen-year jail sentences for both counts. Howev- er, due to current New York State law, the judge had no option but to allow both sentences to be served concurrently, despite the fact that his crime claimed the lives of two individuals.
This bill would grant judges the discretion to authorize sentences to run consecutively in limited cases where the defendant is convicted of homicide or another related charge while under supervised or conditional release, probation or parole at the time of the act and such act results in multiple victims who each sustain serious physical injury or death. Although it was a single act that took the lives of both parents, judges should have the discretion to let the punishment fit the crime, and sentences should appropriately account for the damages and suffering caused by these malicious or criminally reckless acts.
Legislative history
2018: S.8540 Passed Senate
Fiscal implications
None
Effective date
This act shall take effect on the first of November next succeeding the date on which it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.