Bill Text: NY S08015 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to the sentence imposed for convictions of murder in the first degree.
Spectrum: Moderate Partisan Bill (Republican 6-1)
Status: (Engrossed - Dead) 2018-05-01 - referred to codes [S08015 Detail]
Download: New_York-2017-S08015-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8015 IN SENATE March 19, 2018 ___________ Introduced by Sens. GOLDEN, GALLIVAN, AKSHAR, CROCI, LANZA, MURPHY -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to the sentence imposed for convictions 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 subparagraph (iii), (iv), (v), (vi), (vii), (viii), (ix), (x), (xi), 11 (xii) or (xiii) of paragraph (a) of subdivision one of section 125.27 of 12 this chapter, the court shall, in accordance with the provisions of 13 section 400.27 of the criminal procedure law, sentence the defendant to 14 death, to life imprisonment without parole in accordance with subdivi- 15 sion five of section 70.00 of this title, or to a term of imprisonment 16 for a class A-I felony other than a sentence of life imprisonment with- 17 out parole, in accordance with subdivisions one through three of section 18 70.00 of this title. When a defendant is convicted of murder in the 19 first degree as defined in subparagraph (i), (ii) or (ii-a) of paragraph 20 (a) of subdivision one of section 125.27 of this chapter, the court 21 shall sentence the defendant to death or life imprisonment without 22 parole. When a person is convicted of murder in the second degree as 23 defined in subdivision five of section 125.25 of this chapter or of the 24 crime of aggravated murder as defined in subdivision one of section 25 125.26 of this chapter, the court shall sentence the defendant to life 26 imprisonment without parole in accordance with subdivision five of 27 section 70.00 of this title. When a defendant is convicted of the crime EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15203-01-8S. 8015 2 1 of terrorism as defined in section 490.25 of this chapter, and the spec- 2 ified offense the defendant committed is a class A-I felony offense, or 3 when a defendant is convicted of the crime of criminal possession of a 4 chemical weapon or biological weapon in the first degree as defined in 5 section 490.45 of this chapter, or when a defendant is convicted of the 6 crime of criminal use of a chemical weapon or biological weapon in the 7 first degree as defined in section 490.55 of this chapter, the court 8 shall sentence the defendant to life imprisonment without parole in 9 accordance with subdivision five of section 70.00 of this title; 10 provided, however, that nothing in this section shall preclude or 11 prevent a sentence of death when the defendant is also convicted of 12 murder in the first degree as defined in section 125.27 of this chapter. 13 When a defendant is convicted of aggravated murder as defined in subdi- 14 vision two of section 125.26 of this chapter, the court shall sentence 15 the defendant to life imprisonment without parole or to a term of impri- 16 sonment for a class A-I felony other than a sentence of life imprison- 17 ment without parole, in accordance with subdivisions one through three 18 of section 70.00 of this title. 19 § 2. Subdivision 5 of section 70.00 of the penal law, as amended by 20 chapter 482 of the laws of 2009, is amended to read as follows: 21 5. Life imprisonment without parole. Notwithstanding any other 22 provision of law, a defendant sentenced to life imprisonment without 23 parole shall not be or become eligible for parole or conditional 24 release. For purposes of commitment and custody, other than parole and 25 conditional release, such sentence shall be deemed to be an indetermi- 26 nate sentence. A defendant may be sentenced to life imprisonment without 27 parole upon conviction for the crime of murder in the first degree as 28 defined in subparagraph (iii), (iv), (v), (vi), (vii), (viii), (ix), 29 (x), (xi), (xii) or (xiii) of paragraph (a) of subdivision one of 30 section 125.27 of this chapter and in accordance with the procedures 31 provided by law for imposing a sentence for such crime. A defendant 32 shall be sentenced to life imprisonment without parole upon conviction 33 for the crime of murder in the first degree as defined in subparagraph 34 (i), (ii) or (ii-a) of paragraph (a) of subdivision one of section 35 125.27 of this chapter. A defendant must be sentenced to life imprison- 36 ment without parole upon conviction for the crime of terrorism as 37 defined in section 490.25 of this chapter, where the specified offense 38 the defendant committed is a class A-I felony; the crime of criminal 39 possession of a chemical weapon or biological weapon in the first degree 40 as defined in section 490.45 of this chapter; or the crime of criminal 41 use of a chemical weapon or biological weapon in the first degree as 42 defined in section 490.55 of this chapter; provided, however, that noth- 43 ing in this subdivision shall preclude or prevent a sentence of death 44 when the defendant is also convicted of the crime of murder in the first 45 degree as defined in section 125.27 of this chapter. A defendant must be 46 sentenced to life imprisonment without parole upon conviction for the 47 crime of murder in the second degree as defined in subdivision five of 48 section 125.25 of this chapter or for the crime of aggravated murder as 49 defined in subdivision one of section 125.26 of this chapter. A defend- 50 ant may be sentenced to life imprisonment without parole upon conviction 51 for the crime of aggravated murder as defined in subdivision two of 52 section 125.26 of this chapter. 53 § 3. Subdivision 5 of section 70.00 of the penal law, as amended by 54 section 40-a of part WWW of chapter 59 of the laws of 2017, is amended 55 to read as follows:S. 8015 3 1 5. Life imprisonment without parole. Notwithstanding any other 2 provision of law, a defendant sentenced to life imprisonment without 3 parole shall not be or become eligible for parole or conditional 4 release. For purposes of commitment and custody, other than parole and 5 conditional release, such sentence shall be deemed to be an indetermi- 6 nate sentence. A defendant may be sentenced to life imprisonment without 7 parole upon conviction for the crime of murder in the first degree as 8 defined in subparagraph (iii), (iv), (v), (vi), (vii), (viii), (ix), 9 (x), (xi), (xii) or (xiii) of paragraph (a) of subdivision one of 10 section 125.27 of this chapter and in accordance with the procedures 11 provided by law for imposing a sentence for such crime. A defendant 12 shall be sentenced to life imprisonment without parole upon conviction 13 for the crime of murder in the first degree as defined in subparagraph 14 (i), (ii) or (ii-a) of paragraph (a) of subdivision one of section 15 125.27 of this chapter. A defendant who was eighteen years of age or 16 older at the time of the commission of the crime must be sentenced to 17 life imprisonment without parole upon conviction for the crime of 18 terrorism as defined in section 490.25 of this chapter, where the speci- 19 fied offense the defendant committed is a class A-I felony; the crime of 20 criminal possession of a chemical weapon or biological weapon in the 21 first degree as defined in section 490.45 of this chapter; or the crime 22 of criminal use of a chemical weapon or biological weapon in the first 23 degree as defined in section 490.55 of this chapter; provided, however, 24 that nothing in this subdivision shall preclude or prevent a sentence of 25 death when the defendant is also convicted of the crime of murder in the 26 first degree as defined in section 125.27 of this chapter. A defendant 27 who was seventeen years of age or younger at the time of the commission 28 of the crime may be sentenced, in accordance with law, to the applicable 29 indeterminate sentence with a maximum term of life imprisonment. A 30 defendant must be sentenced to life imprisonment without parole upon 31 conviction for the crime of murder in the second degree as defined in 32 subdivision five of section 125.25 of this chapter or for the crime of 33 aggravated murder as defined in subdivision one of section 125.26 of 34 this chapter. A defendant may be sentenced to life imprisonment without 35 parole upon conviction for the crime of aggravated murder as defined in 36 subdivision two of section 125.26 of this chapter. 37 § 4. This act shall take effect October 1, 2018; provided, however, 38 that if section 40-a of part WWW of chapter 59 of the laws of 2017 shall 39 not have taken effect on or before such date then section three of this 40 act shall take effect on the same date and in the same manner as such 41 chapter of the laws of 2017, takes effect.