New York 2025-2026 Regular Session

New York Senate Bill S00908

Introduced
1/8/25  
Refer
1/8/25  

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

S00908 would narrow the Governor’s clemency power in New York by making certain people ineligible for commutation, pardon, parole, or conditional release. The bill amends the Executive Law to bar clemency for people convicted of murder and for people sentenced to life without parole, and it also expands the list of offenses and circumstances that trigger ineligibility when a death is caused during specified violent felonies. Those covered circumstances include killings of police officers, peace officers, firefighters, emergency medical personnel, and certain correctional employees while they are performing official duties. The bill also amends the Penal Law’s life-without-parole provisions to expressly state that a person sentenced to life imprisonment without parole cannot become eligible for commutation or pardon, in addition to parole or conditional release. It leaves intact the existing sentencing structure for murder, terrorism, chemical or biological weapons offenses, and aggravated murder, but reinforces that these sentences are final and not subject to executive clemency. The measure would take effect immediately if enacted.

Impact

If enacted, S00908 would change New York’s Executive Law and Penal Law by limiting the Governor’s authority to grant clemency in a broader set of serious violent cases and by clarifying that life-without-parole sentences are not eligible for commutation or pardon. The practical effect would be to remove executive relief options for people convicted of murder, certain aggravated murder and terrorism-related offenses, and crimes involving the killing of specified public safety and correctional personnel during enumerated felonies. It would affect defendants, the Department of Corrections and Community Supervision, victims’ families, and the executive clemency process.

Sentiment

Based on the bill text and caption, the measure appears to be driven by a tough-on-crime and victims’ rights approach, emphasizing finality of punishment for the most serious offenses and protection for first responders and correctional staff. No committee transcript or vote record was provided, so there is no recorded debate or roll-call evidence in the materials supplied. The available context suggests support from sponsors focused on restricting clemency rather than expanding it.

Contention

The main point of contention is the bill’s restriction of the Governor’s constitutional clemency authority, which may be viewed as reducing flexibility for individualized review of exceptional cases. Supporters are likely to argue that people convicted of murder, life-without-parole offenses, and killings of police, firefighters, emergency responders, or correctional employees should not receive executive relief. Opponents, if any, would likely focus on the breadth of the bar on commutation and pardon, including whether it should apply categorically to all murder convictions and life-without-parole sentences without room for case-by-case discretion.

Companion Bills

NY A05800

Same As 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.

Previously Filed As

NY S00109

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.

NY A05800

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.

NY S00072

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, he or she, 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.

NY S00407

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, he or she, 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.

NY S01933

Provides that being eighteen years old or more, while in the course of committing rape in the first, second or third degree, criminal sexual act in the first, second or third degree, sexual abuse in the first degree, aggravated sexual abuse in the first, second, third or fourth degree, or incest in the first, second or third degree, against a person less than eighteen years old, such defendant intentionally causes the death of such person.

NY A05783

Provides that being eighteen years old or more, while in the course of committing rape in the first, second or third degree, criminal sexual act in the first, second or third degree, sexual abuse in the first degree, aggravated sexual abuse in the first, second, third or fourth degree, or incest in the first, second or third degree, against a person less than eighteen years old, such defendant intentionally causes the death of such person.

NY A09129

Requires lifetime post-release supervision for offenders convicted of rape in the first degree, criminal sexual act in the first degree, aggravated sexual abuse in the first degree, course of sexual conduct against a child in the first and second degrees or sexual abuse in the first degree when the other person is less than eleven years old; prohibits good behavior allowances against a determinate sentence for a person convicted of any such crimes.

NY A02684

Expands juvenile offender status to include rape in the first degree, criminal sexual act in the first degree, aggravated sexual abuse in the first degree, aggravated sexual abuse in the second degree and aggravated sexual abuse in the third degree if committed by persons thirteen, fourteen or fifteen years of age.

NY A05637

Expands juvenile offender status to include rape in the first degree, criminal sexual act in the first degree, aggravated sexual abuse in the first degree, aggravated sexual abuse in the second degree and aggravated sexual abuse in the third degree if committed by persons thirteen, fourteen or fifteen years of age.

NY S00408

Makes life imprisonment without parole mandatory for defendants convicted of murder in the first degree or second degree and the victim is a police officer, peace officer, first responder or correctional officer.

Similar Bills

No similar bills found.