New York Assembly Bill A05800

New York 2025-2026 Regular Session

• Introduced: 2/20/25
• Refer: 2/20/25
• Refer: 1/7/26

Caption

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.

Summary

This bill narrows the Governor’s clemency power by making certain people ineligible for commutation, pardon, parole, or conditional release. Under the bill, a person convicted of murder, a person sentenced to life imprisonment without parole, or a person whose crime involved specified violent felonies and resulted in the death of a police officer, peace officer, firefighter, emergency medical responder, or correctional employee would be excluded from clemency eligibility. The bill also updates the Executive Law to reflect these restrictions and makes corresponding changes to the Penal Law’s life-without-parole provisions. In practical terms, the measure would amend New York’s clemency and sentencing framework so that the Governor could not grant relief in the covered cases. It preserves the existing structure of life imprisonment without parole for the most serious offenses, while explicitly adding commutation and pardon restrictions for those categories. The bill takes effect immediately upon enactment.

Impact

The bill would amend section 15 of the Executive Law and subdivision 5 of section 70.00 of the Penal Law. Its effect is to limit executive clemency authority and to make clear that certain offenders are permanently barred from commutation, pardon, parole, or conditional release. The affected parties are individuals convicted of murder, those sentenced to life without parole, and offenders whose crimes caused the death of specified public safety and correctional personnel during enumerated violent felonies.

Sentiment

No committee transcript or recorded vote information was provided, so there is no direct evidence of debate, support, or opposition in the available materials. Based on the bill text alone, the measure appears to reflect a punitive, public-safety-oriented approach to clemency and sentencing, especially for crimes involving the death of first responders and correctional staff.

Contention

The main point of contention is likely the scope of the Governor’s clemency power and whether the state should categorically remove the possibility of mercy or sentence relief for certain offenses. Supporters would likely emphasize accountability, deterrence, and protection for law enforcement, firefighters, emergency responders, and correctional workers. Opponents could argue that the bill eliminates individualized review in exceptional cases and further restricts an already limited clemency process, especially for people serving life sentences.