What's happening
This bill mandates life imprisonment without parole for anyone convicted of first-degree murder of a police officer in New York.
Why it matters
Eliminates judicial discretion in sentencing for this crime. By requiring life without parole for anyone convicted of first-degree murder of a police officer, the bill removes the option for judges to consider mitigating factors or circumstances that might otherwise influence sentencing.
Signals heightened legal protection for police officers. The law creates a stricter, mandatory penalty for killing a police officer than for most other first-degree murder cases, reflecting a legislative intent to deter attacks on law enforcement and underscore their unique role.
Potentially increases the number of prisoners serving life without parole. With no parole eligibility, anyone convicted under this provision will spend the rest of their life in prison, impacting prison populations and related costs.
May influence plea bargaining and trial strategies. Defendants facing a mandatory life sentence might be less willing to accept plea deals, potentially leading to more trials and longer legal proceedings in these high-profile cases.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Mandatory Life for Cop Killers
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3077
2019-2020 Regular Sessions
IN SENATE
February 1, 2019
Introduced by Sen. ADDABBO -- 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 making life imprisonment without parole mandatory for defendants convicted of murder in the first degree and the victim is a police officer
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 60.06 of the penal law, as amended by chapter 482 of the laws of 2009, is amended to read as follows: § 60.06 Authorized disposition; murder in the first degree offenders;
aggravated murder offenders; certain murder in the second
degree offenders; certain terrorism offenders; criminal
possession of a chemical weapon or biological weapon offen-
ders; criminal use of a chemical weapon or biological weapon
offenders.
When a defendant is convicted of murder in the first degree as defined in section 125.27 of this chapter, the court shall, in accordance with the provisions of section 400.27 of the criminal procedure law, sentence the defendant to death, to life imprisonment without parole in accordance with subdivision five of section 70.00 of this title, or, except as provided in subdivision five of section 70.00 of this title, to a term of imprisonment for a class A-I felony other than a sentence of life imprisonment without parole, in accordance with subdivisions one through three of section 70.00 of this title. When a person is convicted of murder in the second degree as defined in subdivision five of section 125.25 of this chapter or of the crime of aggravated murder as defined in subdivision one of section 125.26 of this chapter, the court shall sentence the defendant to life imprisonment without parole in accordance with subdivision five of section 70.00 of this title. When a defendant is convicted of the crime of terrorism as defined in section 490.25 of this chapter, and the specified offense the defendant committed is a
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07304-01-9
S. 3077 2
class A-I felony offense, or when a defendant is convicted of the crime of criminal possession of a chemical weapon or biological weapon in the first degree as defined in section 490.45 of this chapter, or when a defendant is convicted of the crime of criminal use of a chemical weapon or biological weapon in the first degree as defined in section 490.55 of this chapter, the court shall sentence the defendant to life imprisonment without parole in accordance with subdivision five of section 70.00 of this title; provided, however, that nothing in this section shall preclude or prevent a sentence of death when the defendant is also convicted of murder in the first degree as defined in section 125.27 of this chapter. When a defendant is convicted of aggravated murder as defined in subdivision two of section 125.26 of this chapter, the court shall sentence the defendant to life imprisonment without parole or to a term of imprisonment for a class A-I felony other than a sentence of life imprisonment without parole, in accordance with subdivisions one through three of section 70.00 of this title.
§ 2. Subdivision 5 of section 70.00 of the penal law, as amended by section 40-a of part WWW of chapter 59 of the laws of 2017, is amended to read as follows:
5. Life imprisonment without parole. Notwithstanding any other provision of law, a defendant sentenced to life imprisonment without parole shall not be or become eligible for parole or conditional release. For purposes of commitment and custody, other than parole and conditional release, such sentence shall be deemed to be an indeterminate sentence. A defendant may be sentenced to life imprisonment without parole upon conviction for the crime of murder in the first degree as defined in section 125.27 of this chapter and in accordance with the procedures provided by law for imposing a sentence for such crime. A defendant who was eighteen years of age or older at the time of the commission of the crime must be sentenced to life imprisonment without parole upon conviction for the crime of terrorism as defined in section 490.25 of this chapter, where the specified offense the defendant committed is a class A-I felony; the crime of criminal possession of a chemical weapon or biological weapon in the first degree as defined in section 490.45 of this chapter; or the crime of criminal use of a chemical weapon or biological weapon in the first degree as defined in section 490.55 of this chapter; provided, however, that nothing in this subdivision shall preclude or prevent a sentence of death when the defendant is also convicted of the crime of murder in the first degree as defined in section 125.27 of this chapter. A defendant who was seventeen years of age or younger at the time of the commission of the crime may be sentenced, in accordance with law, to the applicable indeterminate sentence with a maximum term of life imprisonment. A defendant must be sentenced to life imprisonment without parole upon 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. A defendant must be sentenced to life imprisonment without parole upon conviction for the crime of murder in the second degree as defined in subdivision five of section 125.25 of this chapter or for the crime of aggravated murder as defined in subdivision one of section 125.26 of this chapter. A defendant may be sentenced to life imprisonment without parole upon conviction for the crime of aggravated murder as defined in subdivision two of section 125.26 of this chapter.
§ 3. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
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 making life imprisonment without parole mandatory for defendants convicted of murder in the first degree and the victim is a police officer
Purpose
To require a mandatory life sentence without parole for the murder of police officers.
Summary of provisions
Amends section 60.0 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.
Read the full memo (627 words)
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 penal- ty) 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 defend- ant 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 circum- stances, be considered for release.
Legislative history
2017: S. 3681 - Referred to Codes. 2018: S. 3681 - PASSED THE SENATE
Fiscal implications
To be determined.
Effective date
The first of November succeeding the date on which it has become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.