Bill Text: NY A04989 | 2017-2018 | General Assembly | Introduced
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 2-0)
Status: (Introduced - Dead) 2018-01-03 - referred to codes [A04989 Detail]
Download: New_York-2017-A04989-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4989 2017-2018 Regular Sessions IN ASSEMBLY February 6, 2017 ___________ Introduced by M. of A. WEPRIN -- 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. LBD07300-01-7A. 4989 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 chapter 482 of the laws of 2009, is amended to read as follows: 19 5. Life imprisonment without parole. Notwithstanding any other 20 provision of law, a defendant sentenced to life imprisonment without 21 parole shall not be or become eligible for parole or conditional 22 release. For purposes of commitment and custody, other than parole and 23 conditional release, such sentence shall be deemed to be an indetermi- 24 nate sentence. A defendant may be sentenced to life imprisonment with- 25 out parole upon conviction for the crime of murder in the first degree 26 as defined in section 125.27 of this chapter and in accordance with the 27 procedures provided by law for imposing a sentence for such crime. A 28 defendant must be sentenced to life imprisonment without parole upon 29 conviction for the crime of terrorism as defined in section 490.25 of 30 this chapter, where the specified offense the defendant committed is a 31 class A-I felony; the crime of criminal possession of a chemical weapon 32 or biological weapon in the first degree as defined in section 490.45 of 33 this chapter; or the crime of criminal use of a chemical weapon or 34 biological weapon in the first degree as defined in section 490.55 of 35 this chapter; provided, however, that nothing in this subdivision shall 36 preclude or prevent a sentence of death when the defendant is also 37 convicted of the crime of murder in the first degree as defined in 38 section 125.27 of this chapter. A defendant must be sentenced to life 39 imprisonment without parole upon conviction for the crime of murder in 40 the first degree as defined in subparagraph (i) of paragraph (a) of 41 subdivision one of section 125.27 of this chapter. A defendant must be 42 sentenced to life imprisonment without parole upon conviction for the 43 crime of murder in the second degree as defined in subdivision five of 44 section 125.25 of this chapter or for the crime of aggravated murder as 45 defined in subdivision one of section 125.26 of this chapter. A defend- 46 ant may be sentenced to life imprisonment without parole upon conviction 47 for the crime of aggravated murder as defined in subdivision two of 48 section 125.26 of this chapter. 49 § 3. This act shall take effect on the first of November next succeed- 50 ing the date on which it shall have become a law.
