Bill Text: NY A05747 | 2023-2024 | General Assembly | Amended

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Bill Title: Requires a sentence of life imprisonment without parole for murder in the first degree, aggravated murder, and murder in the second degree.

Spectrum: Moderate Partisan Bill (Republican 5-1)

Status: (Introduced) 2024-01-03 - referred to codes [A05747 Detail]

Download: New_York-2023-A05747-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         5747--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                     March 23, 2023
                                       ___________

        Introduced by M. of A. SLATER, ANGELINO -- read once and referred to the
          Committee  on  Codes  --  committee  discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee

        AN ACT to amend the penal law, in relation to requiring  a  sentence  of
          life  without  parole  for convictions of murder in the second degree,
          aggravated murder, and 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 second degree as
    10  defined in section 125.25 of this chapter, aggravated murder as  defined
    11  in  section  125.26  of  this  chapter, or murder in the first degree as
    12  defined in section 125.27 of this chapter, the court shall,  in  accord-
    13  ance  with  the  provisions  of section 400.27 of the criminal procedure
    14  law, sentence the defendant to death[,] or to life imprisonment  without
    15  parole  in  accordance  with  subdivision  five of section 70.00 of this
    16  title[, or to a term of imprisonment for a class A-I felony other than a
    17  sentence of life imprisonment without parole, in accordance with  subdi-
    18  visions  one through three of section 70.00 of this title. When a person
    19  is convicted of murder in the second degree as  defined  in  subdivision
    20  five  of  section  125.25  of this chapter or of the crime of aggravated
    21  murder as defined in subdivision one of section 125.26 of this  chapter,
    22  the  court  shall  sentence  the  defendant to life imprisonment without
    23  parole in accordance with subdivision five  of  section  70.00  of  this

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01680-02-3
        A. 5747--A                          2

     1  title].  When  a  defendant  is  convicted  of the crime of terrorism as
     2  defined in section 490.25 of this chapter, and the specified offense the
     3  defendant committed is a class A-I felony offense, or when  a  defendant
     4  is convicted of the crime of criminal possession of a chemical weapon or
     5  biological  weapon  in  the first degree as defined in section 490.45 of
     6  this chapter, or when a defendant is convicted of the crime of  criminal
     7  use  of  a  chemical  weapon or biological weapon in the first degree as
     8  defined in section 490.55 of this chapter, the court shall sentence  the
     9  defendant  to life imprisonment without parole in accordance with subdi-
    10  vision five of section 70.00 of  this  title;  provided,  however,  that
    11  nothing  in  this  section shall preclude or prevent a sentence of death
    12  when the defendant is also convicted of murder in the  first  degree  as
    13  defined  in  section  125.27  of  this  chapter.  [When  a  defendant is
    14  convicted of aggravated murder as defined in subdivision two of  section
    15  125.26  of  this chapter, the court shall sentence the defendant to life
    16  imprisonment without parole or to a term of imprisonment for a class A-I
    17  felony other than a sentence of life  imprisonment  without  parole,  in
    18  accordance  with subdivisions one through three of section 70.00 of this
    19  title.]
    20    § 2. Subparagraph (i) of paragraph (a) of  subdivision  3  of  section
    21  70.00  of  the penal law, as amended by chapter 107 of the laws of 2006,
    22  is amended to read as follows:
    23    (i) For a class A-I felony, such minimum period shall not be less than
    24  fifteen years nor more than twenty-five years; provided,  however,  that
    25  [(A)  where a sentence, other than a sentence of death or life imprison-
    26  ment without parole, is imposed upon a defendant convicted of murder  in
    27  the first degree as defined in section 125.27 of this chapter such mini-
    28  mum period shall be not less than twenty years nor more than twenty-five
    29  years,  and, (B)] where a sentence is imposed upon a defendant convicted
    30  of murder in the second degree  as  defined  in  [subdivision  five  of]
    31  section  125.25  of this chapter [or], convicted of aggravated murder as
    32  defined in section 125.26 of this chapter, or convicted of murder in the
    33  first degree as defined in section 125.27 of this chapter, the  sentence
    34  shall be life imprisonment without parole[, and, (C) where a sentence is
    35  imposed  upon  a  defendant  convicted  of attempted murder in the first
    36  degree as defined in article one hundred ten of this chapter and subpar-
    37  agraph (i), (ii) or (iii) of paragraph (a) of subdivision one and  para-
    38  graph  (b)  of  subdivision  one  of  section  125.27 of this chapter or
    39  attempted aggravated murder as defined in article  one  hundred  ten  of
    40  this  chapter  and  section  125.26  of this chapter such minimum period
    41  shall be not less than twenty years nor more than forty years].
    42    § 3.  Subdivision 5 of section 70.00 of the penal law, as  amended  by
    43  section  40-a  of part WWW of chapter 59 of the laws of 2017, is amended
    44  to read as follows:
    45    5.  Life  imprisonment  without  parole.  Notwithstanding  any   other
    46  provision  of  law,  a  defendant sentenced to life imprisonment without
    47  parole shall not  be  or  become  eligible  for  parole  or  conditional
    48  release.  For  purposes of commitment and custody, other than parole and
    49  conditional release, such sentence shall be deemed to be  an  indetermi-
    50  nate sentence. A defendant [may] shall be sentenced to life imprisonment
    51  without  parole  upon  conviction  for the crime of murder in the second
    52  degree as defined in section 125.25 of this chapter,  aggravated  murder
    53  as  defined  in  section  125.26 of this chapter, or murder in the first
    54  degree as defined in section 125.27 of this chapter  and  in  accordance
    55  with  the  procedures  provided  by law for imposing a sentence for such
    56  crime.  A defendant who was eighteen years of age or older at  the  time
        A. 5747--A                          3

     1  of  the  commission  of the crime must be sentenced to life imprisonment
     2  without parole upon conviction for the crime of terrorism as defined  in
     3  section  490.25 of this chapter, where the specified offense the defend-
     4  ant committed is a class A-I felony; the crime of criminal possession of
     5  a chemical weapon or biological weapon in the first degree as defined in
     6  section 490.45 of this chapter; or the crime of criminal use of a chemi-
     7  cal  weapon  or  biological  weapon  in  the  first degree as defined in
     8  section 490.55 of this chapter; provided, however, that nothing in  this
     9  subdivision  shall  preclude  or  prevent  a  sentence of death when the
    10  defendant is also convicted of the crime of murder in the  first  degree
    11  as defined in section 125.27 of this chapter. A defendant who was seven-
    12  teen  years of age or younger at the time of the commission of the crime
    13  may be sentenced, in accordance with law, to the  applicable  indetermi-
    14  nate  sentence  with  a  maximum term of life imprisonment. [A defendant
    15  must be sentenced to life imprisonment without  parole  upon  conviction
    16  for  the  crime of murder in the second degree as defined in subdivision
    17  five of section 125.25 of this chapter or for the  crime  of  aggravated
    18  murder  as defined in subdivision one of section 125.26 of this chapter.
    19  A defendant may be sentenced to life imprisonment  without  parole  upon
    20  conviction  for the crime of aggravated murder as defined in subdivision
    21  two of section 125.26 of this chapter.]
    22    § 4. This act shall take effect immediately.