Bill S6462-2013

Permits sentences for two or more crimes committed through a single act to run consecutively when one of such crimes is a homicide

Permits sentences for two or more crimes to run consecutively, when one of such crimes is a homicide.

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  • Jan 27, 2014: REFERRED TO CODES

Memo

BILL NUMBER:S6462

TITLE OF BILL: An act to amend the penal law, in relation to consecutive sentences for homicide offenses

PURPOSE: Permits sentence for two or more crimes committed through a single act to run consecutively when one of such crimes is a homicide.

SUMMARY OF PROVISIONS:

Section 1 amends subdivision 2 of section 70.25 of the penal law to provide a judge with the discretion to sentence a defendant that receives separate sentences for multiple homicides, committed through a single act or omission consecutively.

Section 2 sets an immediate effective date.

JUSTIFICATION: On August 1, 2012, Ryan Floryan ran a red light at the Eastbound Arterial and Worrall Avenue in the City of Poughkeepsie and slammed into a Kia Optima carrying Shawn and Patricia Wonderly of the City of Poughkeepsie. The couple was killed in the crash Thankfully, their two beautiful children Abigail, now 9, and Matthew Wonderly, now 8, who were also in the car survived the crash.

On Wednesday June 12, 2013, Ryan Floryan pleaded guilty to two counts of second-degree manslaughter. He faces six and a half to thirteen years in prison. While the families were relieved by Mr. Floryan's guilty plea, they are rightfully upset that under state law, Dutchess County Court Judge Stephen Greller could not impose a stricter sentence and must have the sentences run at the same time. Even though he killed two individuals with his actions, he serves a sentence for both of them concurrently. During court proceedings, Floryan admitted that he was driving at an excessive speed to avoid City of Poughkeepsie police because he was on parole violation.

Judges in New York State are handcuffed and shackled when it comes this concurrent sentence stipulation. This law is not fair and it cheapens and degrades human life. It is disgraceful and prevents proper punishments for career criminals.

Subdivision 2 of Section 70.25 of the Penal Law currently provides that the multiple sentences imposed on offenders who have committed numerous crimes by means of a single act must run concurrently. This means that all of the sentences are served at the same time. The portion of the bill amending Penal Law Section 70.25 will remedy this situation by requiring that the separate sentences imposed for multiple injuries or deaths caused by one act run consecutively.

This will allow a defendant to be punished for more than just the harm caused to one of his or her multiple victims This will help to ensure that the extent of a defendant's sentence will directly and appropriately relate to the amount of suffering he or she has caused to society.

LEGISLATIVE HISTORY: This is a new bill.

LOCAL FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the first of November next succeeding the date on which it shall become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 6462 IN SENATE January 27, 2014 ___________
Introduced by Sen. GIPSON -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to consecutive sentences for homicide offenses THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 2 of section 70.25 of the penal law, as amended by chapter 56 of the laws of 1984, is amended to read as follows: 2. When more than one sentence of imprisonment is imposed on a person for two or more offenses committed through a single act or omission, or through an act or omission which in itself constituted one of the offenses and also was a material element of the other, the sentences, except if one or more of such sentences is for a violation of section 270.20 of this chapter, must run concurrently. PROVIDED HOWEVER, THAT IF ONE OR MORE OF SUCH SENTENCES IS FOR A CONVICTION UNDER ARTICLE ONE HUNDRED TWENTY-FIVE OF THIS CHAPTER, THE SENTENCES MAY RUN CONSECUTIVE- LY. S 2. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law.

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