Bill Text: NY A03128 | 2023-2024 | General Assembly | Introduced

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Bill Title: Makes life imprisonment without parole mandatory for defendants convicted of murder in the first degree and the victim is a police officer.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to codes [A03128 Detail]

Download: New_York-2023-A03128-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3128

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 2, 2023
                                       ___________

        Introduced  by  M.  of A. PHEFFER AMATO -- read once and referred to the
          Committee on Codes

        AN ACT to amend the penal law, in relation to making  life  imprisonment
          without  parole  mandatory  for  defendants convicted of murder in the
          first degree and the victim is a police officer

          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, except as
    14  provided  in  subdivision five of section 70.00 of this title, to a term
    15  of imprisonment for a class A-I felony other than  a  sentence  of  life
    16  imprisonment without parole, in accordance with subdivisions one through
    17  three  of  section  70.00  of  this title. When a person is convicted of
    18  murder in the second degree as defined in subdivision  five  of  section
    19  125.25  of  this chapter or of the crime of aggravated murder as defined
    20  in subdivision one of section 125.26 of this chapter,  the  court  shall
    21  sentence the defendant to life imprisonment without parole in accordance
    22  with  subdivision  five of section 70.00 of this title. When a defendant
    23  is convicted of the crime of terrorism as defined in section  490.25  of
    24  this  chapter,  and  the  specified offense the defendant committed is a

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04252-01-3
        A. 3128                             2

     1  class A-I felony offense, or when a defendant is convicted of the  crime
     2  of  criminal possession of a chemical weapon or biological weapon in the
     3  first degree as defined in section 490.45 of this  chapter,  or  when  a
     4  defendant is convicted of the crime of criminal use of a chemical weapon
     5  or biological weapon in the first degree as defined in section 490.55 of
     6  this  chapter,  the court shall sentence the defendant to life imprison-
     7  ment without parole in accordance with subdivision five of section 70.00
     8  of this title; provided, however, that nothing  in  this  section  shall
     9  preclude  or  prevent  a  sentence  of  death when the defendant is also
    10  convicted of murder in the first degree as defined in section 125.27  of
    11  this  chapter.  When  a  defendant  is convicted of aggravated murder as
    12  defined in subdivision two of section 125.26 of this chapter, the  court
    13  shall sentence the defendant to life imprisonment without parole or to a
    14  term  of  imprisonment  for  a class A-I felony other than a sentence of
    15  life imprisonment without parole, in accordance  with  subdivisions  one
    16  through three of section 70.00 of this title.
    17    §  2.  Subdivision  5 of section 70.00 of the penal law, as amended by
    18  section 40-a of part WWW of chapter 59 of the laws of 2017,  is  amended
    19  to read as follows:
    20    5.   Life  imprisonment  without  parole.  Notwithstanding  any  other
    21  provision of law, a defendant sentenced  to  life  imprisonment  without
    22  parole  shall  not  be  or  become  eligible  for  parole or conditional
    23  release. For purposes of commitment and custody, other than  parole  and
    24  conditional  release,  such sentence shall be deemed to be an indetermi-
    25  nate sentence. A defendant may be sentenced to life imprisonment without
    26  parole upon conviction for the crime of murder in the  first  degree  as
    27  defined  in  section  125.27  of this chapter and in accordance with the
    28  procedures provided by law for imposing a sentence  for  such  crime.  A
    29  defendant  who  was  eighteen  years  of age or older at the time of the
    30  commission of the crime must be sentenced to life  imprisonment  without
    31  parole  upon conviction for the crime of terrorism as defined in section
    32  490.25 of this  chapter,  where  the  specified  offense  the  defendant
    33  committed  is  a class A-I felony; the crime of criminal possession of a
    34  chemical weapon or biological weapon in the first degree as  defined  in
    35  section 490.45 of this chapter; or the crime of criminal use of a chemi-
    36  cal  weapon  or  biological  weapon  in  the  first degree as defined in
    37  section 490.55 of this chapter; provided, however, that nothing in  this
    38  subdivision  shall  preclude  or  prevent  a  sentence of death when the
    39  defendant is also convicted of the crime of murder in the  first  degree
    40  as defined in section 125.27 of this chapter. A defendant who was seven-
    41  teen  years of age or younger at the time of the commission of the crime
    42  may be sentenced, in accordance with law, to the  applicable  indetermi-
    43  nate sentence with a maximum term of life imprisonment. A defendant must
    44  be sentenced to life imprisonment without parole upon conviction for the
    45  crime  of  murder  in the first degree as defined in subparagraph (i) of
    46  paragraph (a) of subdivision one of section 125.27 of  this  chapter.  A
    47  defendant  must  be  sentenced  to life imprisonment without parole upon
    48  conviction for the crime of murder in the second degree  as  defined  in
    49  subdivision  five  of section 125.25 of this chapter or for the crime of
    50  aggravated murder as defined in subdivision one  of  section  125.26  of
    51  this  chapter. A defendant may be sentenced to life imprisonment without
    52  parole upon conviction for the crime of aggravated murder as defined  in
    53  subdivision two of section 125.26 of this chapter.
    54    § 3. This act shall take effect on the first of November next succeed-
    55  ing the date on which it shall have become a law.