Assembly Republicans want action on death penalty

Assembly Republican Leader Charles H. Nesbitt and members of the Assembly Republican Conference have called for legislative action to decide the fate of New York's death penalty. Capital punishment was struck down in New York by the state Court of Appeals last June, after it had been in place for nearly ten years.

"Since June of last year, New York state has not had an enforceable death penalty law," said Leader Nesbitt (R,C,I-Albion). "It is irresponsible to let eight months pass with no action. While the Senate and the Governor have taken steps to end the uncertain future of the statute, the Assembly Majority has chosen to hold a series of public hearings. With the hearings concluded and the testimony collected, it is now time to act - one way or another."

The June 2004 decision by the Court of Appeals came after deliberation of a case in which a Suffolk County woman was raped and stabbed 73 times with a screwdriver-like instrument by a man named Stephen LaValle. In People vs. LaValle, the court held that the current statute is unconstitutional because it violates New York's Due Process Clause. The court also determined that it is up to the Legislature to amend existing law so that it no longer violates the State Constitution.

Last August, the state Senate passed legislation that would amend the law to fix a provision ruled invalid by the state Court of Appeals. Governor Pataki indicated his willingness to sign the legislation. For the remainder of the year, the legislation was held in the Assembly Codes Committee.

Currently thirty-eight states provide for the death penalty. Illinois is the only state currently with a moratorium.