Bill Text: NY A09502 | 2021-2022 | 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 2-0)

Status: (Introduced - Dead) 2022-03-10 - referred to codes [A09502 Detail]

Download: New_York-2021-A09502-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9502

                   IN ASSEMBLY

                                     March 10, 2022
                                       ___________

        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
    25  class A-I felony offense, or when a defendant is convicted of the  crime
    26  of  criminal possession of a chemical weapon or biological weapon in the
    27  first degree as defined in section 490.45 of this  chapter,  or  when  a

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03438-01-1
        A. 9502                             2

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