Bill Text: NY A03481 | 2023-2024 | General Assembly | Introduced

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Bill Title: Provides that sentence for commission of certain provisions of murder in the first degree is death or life without parole.

Spectrum: Partisan Bill (Republican 13-0)

Status: (Introduced) 2024-01-03 - referred to codes [A03481 Detail]

Download: New_York-2023-A03481-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3481

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 3, 2023
                                       ___________

        Introduced by M. of A. DeSTEFANO, BRABENEC, NORRIS, MORINELLO, REILLY --
          read once and referred to the Committee on Codes

        AN  ACT  to  amend  the  penal  law  and  the criminal procedure law, in
          relation to sentencing for the commission  of  certain  provisions  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 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 to a  term
    14  of  imprisonment  for  a  class A-I felony other than a sentence of life
    15  imprisonment without parole, in accordance with subdivisions one through
    16  three of section 70.00 of this title. When  a  person  is  convicted  of
    17  murder  in  the  second degree as defined in subdivision five of section
    18  125.25 of this chapter or of the crime of aggravated murder  as  defined
    19  in subdivision one of section 125.26 of this chapter, or of the crime of
    20  murder  in the first degree as defined in subparagraph (i), (ii), (ii-a)
    21  or (iii) of paragraph (a) of subdivision one of section 125.27  of  this
    22  chapter  and  the  sentence  of  death  is  not  imposed the court shall
    23  sentence the defendant to life imprisonment without parole in accordance
    24  with subdivision five of section 70.00 of this title. When  a  defendant

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08027-01-3
        A. 3481                             2

     1  is  convicted  of the crime of terrorism as defined in section 490.25 of
     2  this chapter, and the specified offense the  defendant  committed  is  a
     3  class  A-I felony offense, or when a defendant is convicted of the crime
     4  of  criminal possession of a chemical weapon or biological weapon in the
     5  first degree as defined in section 490.45 of this  chapter,  or  when  a
     6  defendant is convicted of the crime of criminal use of a chemical weapon
     7  or biological weapon in the first degree as defined in section 490.55 of
     8  this  chapter,  the court shall sentence the defendant to life imprison-
     9  ment without parole in accordance with subdivision five of section 70.00
    10  of this title; provided, however, that nothing  in  this  section  shall
    11  preclude  or  prevent  a  sentence  of  death when the defendant is also
    12  convicted of murder in the first degree as defined in section 125.27  of
    13  this  chapter.  When  a  defendant  is convicted of aggravated murder as
    14  defined in subdivision two of section 125.26 of this chapter, the  court
    15  shall sentence the defendant to life imprisonment without parole or to a
    16  term  of  imprisonment  for  a class A-I felony other than a sentence of
    17  life imprisonment without parole, in accordance  with  subdivisions  one
    18  through three of section 70.00 of this title.
    19    §  2.  Subparagraph  (i)  of paragraph (a) of subdivision 3 of section
    20  70.00 of the penal law, as amended by chapter 107 of the laws  of  2006,
    21  is amended to read as follows:
    22    (i) For a class A-I felony, such minimum period shall not be less than
    23  fifteen  years  nor more than twenty-five years; provided, however, that
    24  (A) where a sentence, other than a sentence of death or  life  imprison-
    25  ment  without parole, is imposed upon a defendant convicted of murder in
    26  the first degree as defined in  subparagraph  (iv),  (v),  (vi),  (vii),
    27  (viii), (ix), (x), (xi), (xii) or (xiii) of paragraph (a) of subdivision
    28  one  of  section 125.27 of this chapter such minimum period shall be not
    29  less than twenty years nor more than twenty-five years, and, (B) where a
    30  sentence is imposed upon a defendant convicted of murder in  the  second
    31  degree  as defined in subdivision five of section 125.25 of this chapter
    32  or convicted of aggravated murder as defined in section 125.26  of  this
    33  chapter, or where a sentence, other than a sentence of death, is imposed
    34  upon  a  defendant convicted of murder in the first degree as defined in
    35  subparagraph (i), (ii), (ii-a) or (iii) of paragraph (a) of  subdivision
    36  one of section 125.27 of this chapter, the sentence shall be life impri-
    37  sonment  without  parole,  and,  (C)  where a sentence is imposed upon a
    38  defendant convicted of attempted murder in the first degree  as  defined
    39  in  article  one hundred ten of this chapter and subparagraph (i), (ii),
    40  (ii-a) or (iii) of paragraph (a) of subdivision one and paragraph (b) of
    41  subdivision one of section 125.27 of this chapter  or  attempted  aggra-
    42  vated  murder  as defined in article one hundred ten of this chapter and
    43  section 125.26 of this chapter such minimum period  shall  be  not  less
    44  than twenty years nor more than forty years.
    45    §  3.  Subdivision  5 of section 70.00 of the penal law, as amended by
    46  section 40-a of part WWW of chapter 59 of the laws of 2017,  is  amended
    47  to read as follows:
    48    5.   Life  imprisonment  without  parole.  Notwithstanding  any  other
    49  provision of law, a defendant sentenced  to  life  imprisonment  without
    50  parole  shall  not  be  or  become  eligible  for  parole or conditional
    51  release. For purposes of commitment and custody, other than  parole  and
    52  conditional  release,  such sentence shall be deemed to be an indetermi-
    53  nate sentence. A defendant may be sentenced to life imprisonment without
    54  parole upon conviction for the crime of murder in the  first  degree  as
    55  defined  in  section  125.27  of this chapter and in accordance with the
    56  procedures provided by law for imposing a sentence  for  such  crime.  A
        A. 3481                             3

     1  defendant  who  was  eighteen  years  of age or older at the time of the
     2  commission of the crime must be sentenced to life  imprisonment  without
     3  parole  upon conviction for the crime of terrorism as defined in section
     4  490.25  of  this  chapter,  where  the  specified  offense the defendant
     5  committed is a class A-I felony; the crime of criminal possession  of  a
     6  chemical  weapon  or biological weapon in the first degree as defined in
     7  section 490.45 of this chapter; or the crime of criminal use of a chemi-
     8  cal weapon or biological weapon  in  the  first  degree  as  defined  in
     9  section  490.55 of this chapter; provided, however, that nothing in this
    10  subdivision shall preclude or prevent  a  sentence  of  death  when  the
    11  defendant  is  also convicted of the crime of murder in the first degree
    12  as defined in section 125.27 of this chapter. A defendant who was seven-
    13  teen years of age or younger at the time of the commission of the  crime
    14  may  be  sentenced, in accordance with law, to the applicable indetermi-
    15  nate sentence with a maximum term of life imprisonment. A defendant must
    16  be sentenced to life imprisonment without parole upon conviction for the
    17  crime of murder in the second degree as defined in subdivision  five  of
    18  section  125.25 of this chapter or for the crime of aggravated murder as
    19  defined in subdivision one of section 125.26 of this chapter. A  defend-
    20  ant may be sentenced to life imprisonment without parole upon conviction
    21  for  the  crime  of  aggravated  murder as defined in subdivision two of
    22  section 125.26 of this chapter or for the crime of murder in  the  first
    23  degree  as  defined  in subparagraph (i), (ii), (ii-a) or (iii) of para-
    24  graph (a) of subdivision one of section 125.27 of this chapter  and  the
    25  sentence of death is not imposed.
    26    § 4. Subdivisions 1 and 10 of section 400.27 of the criminal procedure
    27  law,  as  added by chapter 1 of the laws of 1995, are amended to read as
    28  follows:
    29    1. Upon [the] conviction of a defendant for the offense of  murder  in
    30  the  first  degree as defined by subparagraph (i), (ii), (ii-a) or (iii)
    31  of paragraph (a) of subdivision one of section 125.27 of the penal  law,
    32  the  court  shall  promptly  conduct a separate sentencing proceeding to
    33  determine whether the defendant shall be sentenced to death or  to  life
    34  imprisonment  without  parole  pursuant  to  subdivision five of section
    35  70.00 of the penal law. Nothing in  this  section  shall  be  deemed  to
    36  preclude  the people at any time from determining that the death penalty
    37  shall not be sought in a particular case, in  which  case  the  separate
    38  sentencing  proceeding shall not be conducted and the court may sentence
    39  such defendant to life imprisonment without parole [or to a sentence  of
    40  imprisonment  for  the  class  A-I  felony of murder in the first degree
    41  other than a sentence of life imprisonment without parole].
    42    10. (a) At the conclusion of all the  evidence,  the  people  and  the
    43  defendant  may present argument in summation for or against the sentence
    44  sought by the people. The people may deliver the first summation and the
    45  defendant may then deliver the last  summation.  Thereafter,  the  court
    46  shall  deliver  a  charge  to the jury on any matters appropriate in the
    47  circumstances. In its charge, the court must instruct the jury that with
    48  respect to each count of murder in  the  first  degree,  as  defined  in
    49  subparagraph  (i), (ii), (ii-a) or (iii) of paragraph (a) of subdivision
    50  one of section 125.27 of the penal law, the jury should consider whether
    51  or not a sentence of death should  be  imposed  and  whether  or  not  a
    52  sentence  of  life  imprisonment  without parole should be imposed[, and
    53  that the jury must be unanimous with respect  to  either  sentence.  The
    54  court  must  also  instruct the jury that in the event the jury fails to
    55  reach unanimous agreement with respect to the sentence, the  court  will
    56  sentence  the defendant to a term of imprisonment with a minimum term of
        A. 3481                             4

     1  between twenty and twenty-five years and a maximum term of life. Follow-
     2  ing the court's charge, the jury shall retire to consider  the  sentence
     3  to  be imposed. Unless inconsistent with the provisions of this section,
     4  the  provisions  of  sections 310.10, 310.20 and 310.30 shall govern the
     5  deliberations of the jury].
     6    (b) The court must instruct the jury that the jury must  be  unanimous
     7  with respect to the sentence to be imposed. The court must also instruct
     8  the  jury  that in the event the jury fails to reach unanimous agreement
     9  with respect to the sentence, the court will sentence the defendant to a
    10  term of life imprisonment without parole.
    11    (c) Following the court's charge, the jury shall  retire  to  consider
    12  the  sentence  to be imposed. Unless inconsistent with the provisions of
    13  this section, the provisions of sections 310.10, 310.20  and  310.30  of
    14  this part shall govern the deliberations of the jury.
    15    §  5.  This  act  shall  take  effect  immediately  and shall apply to
    16  offenses committed on or after such effective date.