Loading chat...
NY A04642
Bill
Status
2/21/2023
Primary Sponsor
John McGowan
Click for details
AI Summary
-
Amends New York Constitution Article 4, Section 4 to prohibit the governor from granting commutations to persons convicted of murder or sentenced to life imprisonment without parole.
-
Expands commutation restrictions to exclude defendants who commit robbery, burglary, kidnapping, arson, rape, sexual abuse, or escape crimes that result in the death of a police officer, peace officer, firefighter, paramedic, emergency responder, or correctional facility employee.
-
Requires the death of the officer or responder occur during the commission of the underlying felony or immediate flight therefrom, whether caused by the defendant alone or in concert with other participants.
-
Maintains existing gubernatorial reprieve and pardon powers for all other offenses, and preserves the legislature's role in commuting treason sentences.
-
Requires the amendment to be referred to the first regular legislative session after the next general election and published for three months before that election, per constitutional requirements.
Legislative Description
Prohibits persons convicted of murder or sentenced to life without parole or where the defendant acting either alone or with one or more other persons, commits or attempts to commit robbery, burglary, kidnapping, arson, rape in the first degree, criminal sexual act in the first degree, sexual abuse in the first degree, aggravated sexual abuse, escape in the first degree, or escape in the second degree, and, in the course of and in furtherance of such crime or of immediate flight therefrom, he or she, or another participant, if there be any, intentionally causes the death of: a police officer; a peace officer; a firefighter, emergency medical technician, ambulance driver, paramedic, physician or registered nurse involved in a first response team, or any other individual who, in the course of official duties, performs emergency response; or an employee of a state correctional institution or was an employee of a local correctional facility, when such person was engaged in the course of performing their official duties, from being eligible for commutation of sentence.
Last Action
opinion referred to judiciary
1/26/2024