Bill Text: NY A01726 | 2017-2018 | General Assembly | Introduced
Bill Title: Provides that sentence for commission of certain provisions of murder in the first degree is death or life without parole.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Introduced - Dead) 2018-01-03 - referred to codes [A01726 Detail]
Download: New_York-2017-A01726-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1726 2017-2018 Regular Sessions IN ASSEMBLY January 12, 2017 ___________ Introduced by M. of A. MURRAY -- Multi-Sponsored by -- M. of A. GRAF -- read once and referred to the Committee on Codes AN ACT to amend the penal law and the criminal procedure law, in relation to sentencing for the commission of certain provisions of murder in the first degree The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 60.06 of the penal law, as amended by chapter 482 2 of the laws of 2009, is amended to read as follows: 3 § 60.06 Authorized disposition; murder in the first degree offenders; 4 aggravated murder offenders; certain murder in the second 5 degree offenders; certain terrorism offenders; criminal 6 possession of a chemical weapon or biological weapon offen- 7 ders; criminal use of a chemical weapon or biological weapon 8 offenders. 9 When a defendant is convicted of murder in the first degree as defined 10 in section 125.27 of this chapter, the court shall, in accordance with 11 the provisions of section 400.27 of the criminal procedure law, sentence 12 the defendant to death, to life imprisonment without parole in accord- 13 ance with subdivision five of section 70.00 of this title, or to a term 14 of imprisonment for a class A-I felony other than a sentence of life 15 imprisonment without parole, in accordance with subdivisions one through 16 three of section 70.00 of this title. When a person is convicted of 17 murder in the second degree as defined in subdivision five of section 18 125.25 of this chapter or of the crime of aggravated murder as defined 19 in subdivision one of section 125.26 of this chapter, or of the crime of 20 murder in the first degree as defined in subparagraph (i), (ii), (ii-a) 21 or (iii) of paragraph (a) of subdivision one of section 125.27 of this 22 chapter and the sentence of death is not imposed the court shall 23 sentence the defendant to life imprisonment without parole in accordance 24 with subdivision five of section 70.00 of this title. When a defendant EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05297-01-7A. 1726 2 1 is convicted of the crime of terrorism as defined in section 490.25 of 2 this chapter, and the specified offense the defendant committed is a 3 class A-I felony offense, or when a defendant is convicted of the crime 4 of criminal possession of a chemical weapon or biological weapon in the 5 first degree as defined in section 490.45 of this chapter, or when a 6 defendant is convicted of the crime of criminal use of a chemical weapon 7 or biological weapon in the first degree as defined in section 490.55 of 8 this chapter, the court shall sentence the defendant to life imprison- 9 ment without parole in accordance with subdivision five of section 70.00 10 of this title; provided, however, that nothing in this section shall 11 preclude or prevent a sentence of death when the defendant is also 12 convicted of murder in the first degree as defined in section 125.27 of 13 this chapter. When a defendant is convicted of aggravated murder as 14 defined in subdivision two of section 125.26 of this chapter, the court 15 shall sentence the defendant to life imprisonment without parole or to a 16 term of imprisonment for a class A-I felony other than a sentence of 17 life imprisonment without parole, in accordance with subdivisions one 18 through three of section 70.00 of this title. 19 § 2. Subparagraph (i) of paragraph (a) of subdivision 3 of section 20 70.00 of the penal law, as amended by chapter 107 of the laws of 2006, 21 is amended to read as follows: 22 (i) For a class A-I felony, such minimum period shall not be less than 23 fifteen years nor more than twenty-five years; provided, however, that 24 (A) where a sentence, other than a sentence of death or life imprison- 25 ment without parole, is imposed upon a defendant convicted of murder in 26 the first degree as defined in subparagraph (iv), (v), (vi), (vii), 27 (viii), (ix), (x), (xi), (xii) or (xiii) of paragraph (a) of subdivision 28 one of section 125.27 of this chapter such minimum period shall be not 29 less than twenty years nor more than twenty-five years, and, (B) where a 30 sentence is imposed upon a defendant convicted of murder in the second 31 degree as defined in subdivision five of section 125.25 of this chapter 32 or convicted of aggravated murder as defined in section 125.26 of this 33 chapter, or where a sentence, other than a sentence of death, is imposed 34 upon a defendant convicted of murder in the first degree as defined in 35 subparagraph (i), (ii), (ii-a) or (iii) of paragraph (a) of subdivision 36 one of section 125.27 of this chapter, the sentence shall be life impri- 37 sonment without parole, and, (C) where a sentence is imposed upon a 38 defendant convicted of attempted murder in the first degree as defined 39 in article one hundred ten of this chapter and subparagraph (i), (ii), 40 (ii-a) or (iii) of paragraph (a) of subdivision one and paragraph (b) of 41 subdivision one of section 125.27 of this chapter or attempted aggra- 42 vated murder as defined in article one hundred ten of this chapter and 43 section 125.26 of this chapter such minimum period shall be not less 44 than twenty years nor more than forty years. 45 § 3. Subdivision 5 of section 70.00 of the penal law, as amended by 46 chapter 482 of the laws of 2009, is amended to read as follows: 47 5. Life imprisonment without parole. Notwithstanding any other 48 provision of law, a defendant sentenced to life imprisonment without 49 parole shall not be or become eligible for parole or conditional 50 release. For purposes of commitment and custody, other than parole and 51 conditional release, such sentence shall be deemed to be an indetermi- 52 nate sentence. A defendant may be sentenced to life imprisonment with- 53 out parole upon conviction for the crime of murder in the first degree 54 as defined in section 125.27 of this chapter and in accordance with the 55 procedures provided by law for imposing a sentence for such crime. A 56 defendant must be sentenced to life imprisonment without parole uponA. 1726 3 1 conviction for the crime of terrorism as defined in section 490.25 of 2 this chapter, where the specified offense the defendant committed is a 3 class A-I felony; the crime of criminal possession of a chemical weapon 4 or biological weapon in the first degree as defined in section 490.45 of 5 this chapter; or the crime of criminal use of a chemical weapon or 6 biological weapon in the first degree as defined in section 490.55 of 7 this chapter; provided, however, that nothing in this subdivision shall 8 preclude or prevent a sentence of death when the defendant is also 9 convicted of the crime of murder in the first degree as defined in 10 section 125.27 of this chapter. A defendant must be sentenced to life 11 imprisonment without parole upon conviction for the crime of murder in 12 the second degree as defined in subdivision five of section 125.25 of 13 this chapter or for the crime of aggravated murder as defined in subdi- 14 vision one of section 125.26 of this chapter. A defendant may be 15 sentenced to life imprisonment without parole upon conviction for the 16 crime of aggravated murder as defined in subdivision two of section 17 125.26 of this chapter or for the crime of murder in the first degree as 18 defined in subparagraph (i), (ii), (ii-a) or (iii) of paragraph (a) of 19 subdivision one of section 125.27 of this chapter and the sentence of 20 death is not imposed. 21 § 4. Subdivisions 1 and 10 of section 400.27 of the criminal procedure 22 law, as added by chapter 1 of the laws of 1995, are amended to read as 23 follows: 24 1. Upon [the] conviction of a defendant for the offense of murder in 25 the first degree as defined by subparagraph (i), (ii), (ii-a) or (iii) 26 of paragraph (a) of subdivision one of section 125.27 of the penal law, 27 the court shall promptly conduct a separate sentencing proceeding to 28 determine whether the defendant shall be sentenced to death or to life 29 imprisonment without parole pursuant to subdivision five of section 30 70.00 of the penal law. Nothing in this section shall be deemed to 31 preclude the people at any time from determining that the death penalty 32 shall not be sought in a particular case, in which case the separate 33 sentencing proceeding shall not be conducted and the court may sentence 34 such defendant to life imprisonment without parole [or to a sentence of35imprisonment for the class A-I felony of murder in the first degree36other than a sentence of life imprisonment without parole]. 37 10. (a) At the conclusion of all the evidence, the people and the 38 defendant may present argument in summation for or against the sentence 39 sought by the people. The people may deliver the first summation and the 40 defendant may then deliver the last summation. Thereafter, the court 41 shall deliver a charge to the jury on any matters appropriate in the 42 circumstances. In its charge, the court must instruct the jury that with 43 respect to each count of murder in the first degree, as defined in 44 subparagraph (i), (ii), (ii-a) or (iii) of paragraph (a) of subdivision 45 one of section 125.27 of the penal law, the jury should consider whether 46 or not a sentence of death should be imposed and whether or not a 47 sentence of life imprisonment without parole should be imposed[, and48that the jury must be unanimous with respect to either sentence. The49court must also instruct the jury that in the event the jury fails to50reach unanimous agreement with respect to the sentence, the court will51sentence the defendant to a term of imprisonment with a minimum term of52between twenty and twenty-five years and a maximum term of life. Follow-53ing the court's charge, the jury shall retire to consider the sentence54to be imposed. Unless inconsistent with the provisions of this section,55the provisions of sections 310.10, 310.20 and 310.30 shall govern the56deliberations of the jury].A. 1726 4 1 (b) The court must instruct the jury that the jury must be unanimous 2 with respect to the sentence to be imposed. The court must also instruct 3 the jury that in the event the jury fails to reach unanimous agreement 4 with respect to the sentence, the court will sentence the defendant to a 5 term of life imprisonment without parole. 6 (c) Following the court's charge, the jury shall retire to consider 7 the sentence to be imposed. Unless inconsistent with the provisions of 8 this section, the provisions of sections 310.10, 310.20 and 310.30 of 9 this part shall govern the deliberations of the jury. 10 § 5. This act shall take effect immediately and shall apply to 11 offenses committed on or after such effective date.