Bill Text: NY S03537 | 2011-2012 | General Assembly | Introduced

New York Senate Bill 3537 (Prior Session Legislation)

Bill Title: Prohibits parole for any inmates convicted of homicide unless five or at least thirty percent of the members of the parole board are present at the hearing.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-05-10 - PRINT NUMBER 3537B [S03537 Detail]

Download: New_York-2011-S03537-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3537
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   February 24, 2011
                                      ___________
       Introduced  by Sen. NOZZOLIO -- 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, in relation to prohibiting parole for
         any  inmates  convicted of homicide unless five or more members of the
         parole board are present at the hearing
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision  1  of section 259-c of the executive law, as
    2  amended by section 8 of part J of chapter 56 of the  laws  of  2009,  is
    3  amended to read as follows:
    4    1.  have  the  power  and duty of determining which inmates serving an
    5  indeterminate or determinate sentence of imprisonment may be released on
    6  parole,  or  on  medical  parole  pursuant  to   section   two   hundred
    7  fifty-nine-r  or  section  two hundred fifty-nine-s of this article, and
    8  when and under what conditions; PROVIDED, HOWEVER, THAT PAROLE SHALL NOT
    9  BE GRANTED FOR ANY HOMICIDE OFFENSES AS DEFINED IN ARTICLE  ONE  HUNDRED
   10  TWENTY-FIVE  OF  THE  PENAL LAW UNLESS FIVE OR MORE MEMBERS OF THE BOARD
   11  ARE PRESENT AT SUCH HEARING;
   12    S 2. Subdivision 1 of section 259-c of the executive law,  as  amended
   13  by chapter 55 of the laws of 1992, is amended to read as follows:
   14    1.  have  the  power  and duty of determining which inmates serving an
   15  indeterminate sentence of imprisonment may be released on parole, or  on
   16  medical  parole  pursuant  to  section  two hundred fifty-nine-r of this
   17  article, and when and under what  conditions;  PROVIDED,  HOWEVER,  THAT
   18  PAROLE  SHALL  NOT  BE  GRANTED  FOR ANY HOMICIDE OFFENSES AS DEFINED IN
   19  ARTICLE ONE HUNDRED TWENTY-FIVE OF THE PENAL LAW  UNLESS  FIVE  OR  MORE
   20  MEMBERS OF THE BOARD ARE PRESENT AT SUCH HEARING;
   21    S 3.  This act shall take effect immediately, provided, however, that:
   22  the  amendments  to subdivision 1 of section 259-c of the executive law,
   23  made by section one of this act, shall be subject to the expiration  and
   24  reversion  of such subdivision pursuant to subdivision (d) of section 74
   25  of chapter 3 of the laws of 1995, as amended, when upon  such  date  the
   26  provisions of section two of this act shall take effect.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09509-01-1