S 109: 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.

  
  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 defendant may think proper, subject to such regu- 3 lations as may be provided by law relative to the manner of applying for 4 pardons. Upon conviction for treason, the governor shall have power to 5 suspend the execution of the sentence, until the case shall be reported 6 to the legislature at its next meeting, when the legislature shall 7 either pardon, or commute the sentence, direct the execution of the 8 sentence, or grant a further reprieve. The governor shall annually 9 communicate to the legislature each case of reprieve, commutation or 10 pardon granted, stating the name of the convict, the crime of which the 11 convict was convicted, the sentence and its date, and the date of the 12 commutation, pardon or reprieve. 13 § 2. Resolved (if the Assembly concur), That the foregoing amendment 14 be referred to the first regular legislative session convening after the 15 next succeeding general election of members of the assembly, and, in 16 conformity with section 1 of article 19 of the constitution, be 17 published for three months previous to the time of such election.