http://www.empirestatenews.net/News/20080528-2.html

Senate passes death penalty bill for cop killers

ALBANY - The New York State Senate Tuesday passed legislation, sponsored by Senator Martin Golden (R-C, Brooklyn), that would establish the death penalty for criminals who kill police officers.

“As a former New York City Police Officer, I know there is evil walking on the streets of the City and State of New York, endangering the lives of every single police officer,” Senator Golden said. “It is our responsibility to pass this legislation and send it to the Governor -- we can no longer sit back and watch ruthless murderers take the lives of police officers. New York needs the death penalty to protect our society and our police officers who risk their lives every day for our safety and well-being. We must not let danger rule our streets.”

The legislation, which has yet to be addressed by the Assembly, would establish the death penalty for the intentional murder of a police officer, peace officer or an employee of the Department of Correctional Services.

In 2004, the Court of Appeals overturned death penalty sentences, saying that judges were improperly required to instruct jurors in capital cases that if they deadlocked and failed to reach a verdict during the penalty phase of a trial, the judge would impose a sentence that would leave the defendant eligible for parole after 20 to 25 years.

This bill addresses those concerns with respect to the murder of a police officer, peace officer, or correctional officer by mandating the sentence of life without parole if the jury is deadlocked and unable to agree on the death penalty sentence.