BILL NUMBER: S5291
SPONSOR: SEPULVEDA
 
TITLE OF BILL:
An act to amend the penal law, the correction law, the criminal proce-
dure law, and the administrative code of the city of New York, in
relation to ending the imposition of a sentence of life without parole
or death; and to repeal certain provisions of the penal law, the
correction law, the criminal procedure law, the county law, the execu-
tive law, and the judiciary law, relating thereto
 
PURPOSE::
To prohibit individuals from being sentenced to life Kithout parole and
clean up any section of the law where the death penalty is still
mentioned.
 
SUMMARY OF PROVISIONS::
Section 1 amends subdivision 2 of section 60.05 of the penal law
Section 2 repeals 60.06 of the penal law
Section 3 amends subparagraph i of paragraph a of subdivision 3 of
section 70.00 of the penal law, as amended by chapter 107 of the laws of
2006
Section 4 repeals Subdivision 5 of section 70.00 of the penal law
Section 5 repeals Subdivision 2-a of section 70.20 of the penal law
Section 6 amends Subdivision 3 and paragraph (a) of subdivision 7 of
section 70.80 of the penal law, as added by chapter 7 of the laws of
2007,
Section 7 repeals subdivision 2 of section 490.25 of the penal law
Section 8 repeals the closing paragraph of section 490.28 of the penal
law
Section 9 amends Section 113 of the correction law
Section 10 repeals
Section 130 of the correction law
Section 11 amends Subdivision 2 of section 136 of the correction law,
Section 12 repeals Article 22-B of the correction law.
Section 13 amends Paragraph (b) of subdivision 1 of section 195.10 of
the criminal procedure law, as amended by chapter 401 of the laws of
2008
Section 14 amends Paragraph (e) of subdivision 5 of section 220.10 of
the criminal procedure law, as amended by chapter 1 of the laws of 1995
Section 15 amends Subparagraph (vii) of paragraph (b) of subdivision 3
of section 220.30 of the criminal procedure law, as amended by chapter 1
of the laws of 1995
Section 16 repeals Section 250.40 of the criminal procedure law
Section 17 repeals Section 270.16 of the criminal procedure
Section 18 amends paragraph (e) and (f)of subdivision 1 of section
270.20 of the criminal procedure law
Section 19 repeals Subdivision 2 of section 270.30 of the criminal
procedure law
Section 20 repeals section 270.55 of the criminal procedure law
Section 21 amends 310.80 of the criminal procedure law
Section 22
Section 380.60 of the criminal procedure law
Section 23 repeals Section400.27 of the criminal procedure law
Section 24 amends subdivision 1 of section 440.20 of the criminal proce-
dure law
Section 25 amends section450.10 of the criminal procedure law
Section 26 amends section450.15 of the criminal procedure law.
Section 27 amends subdivisions 4, 5, 6 and 7 of section 450.20 of the
criminal procedure law
Section 28 repeals subdivision 10 of section 450.20 of the criminal
procedure law and subdivision 11 is renumbers to subdivision 10
Section 29 repeals section 450.70 of the criminal procedure law
Section 30 repeals section 450.80 of the criminal procedure law
Section 31 amends 460.40 of the criminal procedure law
Section 32 amends section 470.30 of the criminal procedure law
Section 33 repeals subdivision 4 of section 630.20 of the criminal
procedure law
Section 34 amends subdivision 1 of section 650.20 of the criminal proce-
dure law
Section 35 repeals section 707 of the county law
Section 36 repeals section 63-d of the executive law
Section 37 repeals section 837-1 of the executive law
Section 38 repeals section 35-b of the judiciary law
Section 39 repeals section 211-a of the judiciary law
Section 40 amends subdivision c of section 24-355 of the administrative
code of the city of New York
Section 41 provides the effective date
 
EXISTING LAW::
N/A
 
JUSTIFICATION::
The death penalty has been abolished and reinstated several times in New
York. In 1995, Governor George Pataki fulfilled a campaign promise and
signed legislation reinstating the death penalty in New York, designat-
ing lethal injection as the new method of execution. In 2004, the New
York Court of Appeals declared that statute unconstitutional, and in
2007, the last remaining death sentence was reduced to life, leaving New
York with a vacant death row and no viable death penalty laws. In 2008,
Governor David Paterson issued an executive order requiring the removal
of all execution equipment from state facilities.
While New York State no longer uses the death penalty, the state has
resulted to using sentences of life without the possibility of parole.
This legislation removes all instances of life without the chance of
parole from the law as well as cleans up old sections of law where the
death penalty is still mentioned.
When we outlawed the death penalty in New York State, life in prison
without the possibility of parole should not have taken its place.
People who are aging behind bars should have the opportunity to seek
parole. The state's annual cost per incarcerated individual was $69,355
in 2015, according to the Vera Institute of Justice. It costs twice as
much to incarcerate people over 50 and in some cases up to five times as
much due to medical costs. Therefore, by giving all incarcerated indi-
viduals the ability to go before the parole board, we will save the
state money. The elderly population has a very low recidivism rate and
studies show that most elderly people in prison (disproportionately
people of color) have already spent decades behind bars, post little or
no risk to public safety.
 
LEGISLATIVE HISTORY::
S.4908 of 2023-2024; Referred to Codes;
S. 7426 of 2021-22: New Bill, Referred to Codes
 
FISCAL IMPLICATIONS::
TBD. This legislation has the potential to save the state money when
individuals are released.
 
EFFECTIVE DATE::
This act shall take effect on the one hundred twentieth day after it
shall have become a law.

Statutes affected:
S5291: 60.05 penal law, 60.05(2) penal law, 60.06 penal law, 70.00 penal law, 70.00(3) penal law, 70.00(5) penal law, 70.20 penal law, 70.20(2-a) penal law, 490.25 penal law, 490.25(2) penal law, 490.28 penal law, 113 correction law, 130 correction law, 136 correction law, 136(2) correction law, 195.10 criminal procedure law, 195.10(1) criminal procedure law, 220.10 criminal procedure law, 220.10(5) criminal procedure law, 220.30 criminal procedure law, 220.30(3) criminal procedure law, 250.40 criminal procedure law, 270.16 criminal procedure law, 270.30 criminal procedure law, 270.30(2) criminal procedure law, 270.55 criminal procedure law, 310.80 criminal procedure law, 380.60 criminal procedure law, 400.27 criminal procedure law, 440.20 criminal procedure law, 440.20(1) criminal procedure law, 450.15 criminal procedure law, 450.20 criminal procedure law, 450.20(10) criminal procedure law, 450.70 criminal procedure law, 450.80 criminal procedure law, 470.30 criminal procedure law, 630.20 criminal procedure law, 630.20(4) criminal procedure law, 650.20 criminal procedure law, 650.20(1) criminal procedure law, 707 county law, 63-d executive law, 837-l executive law, 35-b judiciary law, 211-a judiciary law