N.Y. Civil Rights Law Section 79-A
Consequence of sentence to imprisonment for life


1.

Except as provided in subdivisions two and three, a person sentenced to imprisonment for life is thereafter deemed civilly dead; provided, that such a person may marry while on community supervision, or after he or she has been discharged from community supervision, if otherwise capable of contracting a valid marriage. A marriage contracted pursuant to this section by a person while he or she is on community supervision, without prior written approval of the commissioner of corrections and community supervision, shall be ground for revocation of the community supervision. This section shall not be deemed to impair the validity of a marriage between a person sentenced to imprisonment for life and his or her spouse.

2.

A sentence to imprisonment for life shall not be deemed to suspend the right or capacity of any person so sentenced to commence, prosecute or defend an action or proceeding in any court within this state or before a body or officer exercising judicial, quasi-judicial or administrative functions within this state; provided, however, that where at the time of the commencement and during the prosecution or defense of such action or proceeding such person is an incarcerated individual of a state correctional institution, he or she shall not appear at any place other than within the institution for any purpose related to such action or proceeding unless upon a subpoena issued by the court before whom such action or proceeding is pending or, where such action or proceeding is pending before a body or officer, before a judge to whom a petition for habeas corpus could be made under subdivision (b) of Civil Practice Law & Rules Law § 7002 (Petition)section seven thousand two of the civil practice law and rules upon motion of any party and upon a determination that such person’s appearance is essential to the proper and just disposition of the action or proceeding. Unless the court orders otherwise, a motion for such subpoena shall be made on at least two days’ notice to the commissioner of corrections and community supervision.

3.

(a) Except as provided in paragraph (b) of this subdivision, the state shall not be liable for any expense of or related to any such action or proceeding, including but not limited to the expense of or related to transporting the incarcerated individual to, or lodging or guarding him or her at any place other than in a state correctional institution. The department of corrections and community supervision shall not be required to perform any services related to such action or proceeding, including but not limited to transporting the incarcerated individual to or lodging or guarding him or her at any place other than a state correctional institution unless and until the department has received payment for such services.

(b)

Where the incarcerated individual is permitted in accordance with any other law to proceed with the action or proceeding as a poor person the expense of transporting the incarcerated individual to, or lodging or guarding him or her at any place other than in a state correctional institution or any other expense relating thereto shall be a state charge; provided, however, that where an incarcerated individual has been granted such permission and a recovery by judgment or by settlement is had in his or her favor, the court may direct him or her to pay out of the recovery all or part of any sum expended by the state.

4.

This section shall not apply to a person sentenced to imprisonment for an indeterminate term, having a minimum of one day and a maximum of his natural life. Nothing in this section shall be deemed to preclude the issuance of a certificate of relief from disabilities or a certificate of good conduct pursuant to article twenty-three of the correction law to a person who previously has been sentenced to imprisonment for life.

Source: Section 79-A — Consequence of sentence to imprisonment for life, https://www.­nysenate.­gov/legislation/laws/CVR/79-A (updated Aug. 13, 2021; accessed Jun. 15, 2024).

70
Vexatious suits
70‑A
Actions involving public petition and participation
70‑B
Unlawful interference with protected rights
71
Damages in action for suing in name of another
72
Term of imprisonment of civil prisoner
73
Code of fair procedure for investigating agencies
74
Privileges in action for libel
75
Defamation by radio or television
76
Action for libel: evidence, separate verdicts
76‑A
Actions involving public petition and participation
77
Special damages in action for slander of a woman
78
Mitigating circumstances in action for libel or slander
79
Forfeiture of office and suspension of civil rights
79‑A
Consequence of sentence to imprisonment for life
79‑B
Forfeiture of property on conviction abolished
79‑C
Convict protected by law
79‑D
Creditor of convict
79‑E
Right to breast feed
79‑F
Liability for acts of persons assisting police officers
79‑G
Filing of certificates of honorable discharge with county clerks
79‑H
Special provisions relating to persons employed by, or connected with, news media
79‑I
Discrimination against person who refuses to perform certain act prohibited
79‑J
Confidentiality of records in multi-state information system
79‑K
Civil immunity for certain persons assisting in emergency situations
79‑L
Confidentiality of records of genetic tests
79‑M
Criminal interference with health care services, religious worship, funeral, burial or memorial service
79‑N
Bias-related violence or intimidation
79‑N*2
Funeral or bereavement leave
79‑O
Closed captioning in places of public accommodation, resort or amusement
79‑P
Recording certain activities
79‑P*2
Gender neutral single-occupancy bathroom facilities
79‑Q
Collection of gender or sex designation information by state agencies

Accessed:
Jun. 15, 2024

Last modified:
Aug. 13, 2021

§ 79-A’s source at nysenate​.gov

Link Style