BILL NUMBER: S142
SPONSOR: PALUMBO
 
TITLE OF BILL:
An act to amend the executive law, in relation to the time in which
reconsideration for parole shall be determined in the case of
convictions for murder in the first degree, aggravated murder, and
murder in the second degree, where a sentence other than death or life
imprisonment without parole is imposed
 
PURPOSE:
This bill would extend the number of months from twenty-four to sixty as
the time within which the parole board must set for reconsideration of a
denied application for parole in cases where an inmate was sentenced for
a violent crime.
 
SUMMARY OF PROVISIONS:
Section 1. This act shall be known and may be cited as "Lorraine's Law".
Section 2. Legislative findings.
Section 3. Amends section 259-I (2) (a) (i) of the executive law by
providing that should parole be denied, the board shall specify a date
not more than sixty months from such determination for reconsideration
in cases where an inmate was sentenced for an eligible Class A felony.
For the purposes of this section an "eligible Class A felony" shall mean
a conviction for the Class A-I felonies of : Murder in the first degree
as defined in section 125.27 of the penal aw where a sentence other than
death or life imprisonment without parole is imposed; aggravated murder
as defined in section 125.26 of the penal law where a sentence where a
sentence other than death or life imprisonment without parole is
imposed; murder in the second degree as defined in section 125.25 of the
penal law where a sentence other than life imprisonment without parole
is imposed.
This section of law is subject to expiration and reversion pursuant to
section 74 (d) of chapter 3 of the laws of 1995, and the proposed amend-
ment is set to also be subject to such expiration and reversion.
Section 4. Makes the above amendments to section 259-I (2) (a) of the
executive law which re scheduled to take effect when the provisions
above expire.
Section 5. Effective date.
 
JUSTIFICATION:
The legislation is to be known and may be cited as "Lorraine's Law" in
the memory of Lorraine Miranda who was a native of Shirley, Long Island.
She was brutally murdered by her fianc e on December 5, 1988 at the
young age of 24 years old. Her killer was sentenced to 15 years to life
in prison. He became eligible for parole in 2003 and has since been
denied seven times.
Currently when parole is denied the Parole Board has the discretion to
set the date for reconsideration for parole for any date within two
years of the denial of parole. In many cases, especially those involving
heinous acts of murder in the first degree, aggravated murder, and
murder in the second degree, parole will be denied numerous times.
However, each time an inmate is considered for parole, the victim's
family must relive the horror of the crime for the sake of impressing
upon the Parole Board the inappropriateness of early release.
It is important to note that it is not the intent of "Lorraine's Law"
to, in any way infringe upon the Prole Board's ability to allow for the
current 24-month reconsideration period. It merely provides another
option for the board to consider if it is apparent that nothing could
transpire in the next five years that would cause them to render a
different opinion regarding parole release. Only in the cases described
above would the board have the ability to set the date for reconsider-
ation anywhere between 24 and 60 months which would afford grieving
families a greater period of peace before having to testify at the next
parole hearing
 
LEGISLATIVE HISTORY:
2024 S.2092; 2022 S.5175/A.5803; 2020 S.4353/A.6483; 2017-18
S.2997A/A.2350A; 2015-16 S.1483A/A.1680A; 2013-14 S2486A/A.2774A; 2011-
12 S.1861A; 2009-10 S.425.
 
FISCAL IMPLICATIONS:
This bill could result in some savings to the State by not requiring
parole considerations that are unnecessary.
 
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to all future and
currently incarcerated individuals sentenced for an eligible Class A
felony; provided that the amendments to subparagraph (i) of paragraph
(a) of subdivision 2 of section 259-i of the executive law made by
section one of this act shall be subject to the expiration and reversion
of such paragraph pursuant to subdivision d of section 74 of Chapter 3
of the Laws of 1995, as amended, when upon such date the provisions of
section two of this act shall take effect.

Statutes affected:
S142: 259-i executive law, 259-i(2) executive law