New York S 109: Prohibits persons convicted of murder or sentenced to life without parole from being eligible for commutation of sentence

Bill Text

Bill Search and Legislative Information | New York State Assembly 

• 

• 

• 

• 

• 

• 

• 

• 

 Skip to main content 

 New York State Assembly

 Speaker Carl E. Heastie

 --> 
 --> 

 --> 

• 
 Assembly Members 

• 
 Legislative Info 

• 
 Public Hearings 

• 
 Speaker's Press 

• 
 Assembly Reports 

• 
 Committees & More 

• Bill Search Home
• Laws
• Legislative Calendar
• Public Hearing Schedule
• Assembly Calendars
• Assembly Committee Agenda 

 Javascript must be enabled to properly view this page. 

 Bill No.: 

• Summary 
• Actions 
• Committee&nbspVotes 
• Floor&nbspVotes 
• Memo 
• Text 
• LFIN 
• Chamber&nbspVideo/Transcript 
S00109 Summary:

BILL NOS00109 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORGALLIVAN

&nbsp

COSPNSRBORRELLO, OBERACKER, PALUMBO, RHOADS

&nbsp

MLTSPNSR

&nbsp

Amd Art 4 §4, Constn

&nbsp

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 S00109 Actions:

BILL NOS00109 

&nbsp

01/08/2025REFERRED TO JUDICIARY

01/08/2025TO ATTORNEY-GENERAL FOR OPINION

01/31/2025OPINION REFERRED TO JUDICIARY

01/07/2026REFERRED TO JUDICIARY

01/08/2026TO ATTORNEY-GENERAL FOR OPINION

02/03/2026OPINION REFERRED TO JUDICIARY

Go to topS00109 Committee&nbspVotes:

Go to topS00109 Floor&nbspVotes:

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

Go to topS00109 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 109

 2025-2026 Regular Sessions

 IN SENATE

 (Prefiled)

 January 8, 2025
 ___________

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

 CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

 proposing an amendment to section 4 of article 4 of the constitution, in
 relation to prohibiting persons convicted of murder or sentenced to
 life without parole from being eligible for commutation of sentence

 1 Section 1. Resolved (if the Assembly concur), That section 4 of arti-
 2 cle 4 of the constitution be amended to read as follows:
 3 § 4. The governor shall have the power to grant reprieves, commu-
 4 tations and pardons after conviction, for all offenses except treason,
 5 murder, crimes where the defendant is sentenced to life imprisonment
 6 without parole, or where the defendant acting either alone or with one
 7 or more other persons, commits or attempts to commit robbery, burglary,
 8 kidnapping, arson, rape in the first degree, criminal sexual act in the
 9 first degree, sexual abuse in the first degree, aggravated sexual abuse,
 10 escape in the first degree, or escape in the second degree, and, in the
 11 course of and in furtherance of such crime or of immediate flight there-
 12 from, such defendant, or another participant, if there be any, inten-
 13 tionally causes the death of: a police officer as defined in subdivision
 14 thirty-four of section 1.20 of the criminal procedure law; a peace offi-
 15 cer as defined in paragraph a of subdivision twenty-one, subdivision
 16 twenty-three, twenty-four or sixty-two (employees of the division for
 17 youth) of section 2.10 of the criminal procedure law; a firefighter,
 18 emergency medical technician, ambulance driver, paramedic, physician or
 19 registered nurse involved in a first response team, or any other indi-
 20 vidual who, in the course of official duties, performs emergency
 21 response; or an employee of a state correctional institution or was an
 22 employee of a local correctional facility as defined in subdivision two
 23 of section forty of the correction law, when such person was engaged in
 24 the course of performing their official duties, and cases of impeach-

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD89007-01-5

 S. 109 2

 1 ment, upon such conditions and with such restrictions and limitations,
 2 as [he or she] such de