New York S 908: Prohibits persons convicted of murder or sentenced to life without parole from being eligible for commutation of sentence

Bill Text

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S00908 Summary:

BILL NOS00908 

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SAME ASSAME AS A05800

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SPONSORGALLIVAN

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COSPNSRBORRELLO, PALUMBO, RHOADS

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MLTSPNSR

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Amd §15, Exec L; amd §70.00, Pen L

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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, such defendant, 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.

Go to top S00908 Actions:

BILL NOS00908 

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01/08/2025REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

01/07/2026REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

Go to topS00908 Committee&nbspVotes:

Go to topS00908 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS00908 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 908

 2025-2026 Regular Sessions

 IN SENATE

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by Sens. GALLIVAN, BORRELLO, PALUMBO, RHOADS -- read twice
 and ordered printed, and when printed to be committed to the Committee
 on Crime Victims, Crime and Correction

 AN ACT to amend the executive law and the penal law, in relation to
 clemency

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Section 15 of the executive law, as added by chapter 545 of
 2 the laws of 1971, is amended to read as follows:
 3 § 15. Power of governor to grant reprieves, commutations and pardons.
 4 The governor has power to grant reprieves, commutations and pardons,
 5 after conviction, for all offenses, except treason, murder, crimes where
 6 the defendant is sentenced to life imprisonment without parole or where
 7 the defendant acting either alone or with one or more other persons,
 8 commits or attempts to commit robbery, burglary, kidnapping, arson, rape
 9 in the first degree, criminal sexual act in the first degree, sexual
 10 abuse in the first degree, aggravated sexual abuse, escape in the first
 11 degree, or escape in the second degree, and, in the course of and in
 12 furtherance of such crime or of immediate flight therefrom, such defend-
 13 ant, or another participant, if there be any, intentionally causes the
 14 death of: a police officer as defined in subdivision thirty-four of
 15 section 1.20 of the criminal procedure law; a peace officer as defined
 16 in paragraph a of subdivision twenty-one, subdivision twenty-three,
 17 twenty-four or sixty-two (employees of the division for youth) of
 18 section 2.10 of the criminal procedure law; a firefighter; emergency
 19 medical technician, ambulance driver, paramedic, physician or registered
 20 nurse involved in a first response team, or any other individual who, in
 21 the course of official duties, performs emergency response; or an
 22 employee of a state correctional institution or was an employee of a
 23 local correctional facility as defined in subdivision two of section

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02886-01-5

 S. 908 2

 1 forty of the correction law, when such person was engaged in the course
 2 of performing their official duties, and cases of impeachment, upon such
 3 conditions, and with such restrictions and limitations, as [he] such
 4 person may think proper, subject to the regulations provided in this
 5 article.
 6 § 2. Subdivision 5 of section 70.00 of the penal law, as a