BILL NUMBER: S1254
SPONSOR: ADDABBO
 
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 60.06 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.
 
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:
2019:S.3077- Referred to Senate Codes.
2020:S.3077- Referred to Senate Codes.
2021:S.3459- Referred to Senate Codes.
2022:S.3459- Referred to Senate Codes.
2023:S.2020- Referred to Senate Codes.
2024:S.2020- Referred to Senate Codes.
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect the first of November next succeeding the
date on which it shall become a law.

Statutes affected:
S1254: 60.06 penal law, 70.00 penal law, 70.00(5) penal law