Bill Text: NY A05747 | 2023-2024 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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 - Dead) 2024-01-03 - referred to codes [A05747 Detail]
Download: New_York-2023-A05747-Introduced.html
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 - Dead) 2024-01-03 - referred to codes [A05747 Detail]
Download: New_York-2023-A05747-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5747 2023-2024 Regular Sessions IN ASSEMBLY March 23, 2023 ___________ Introduced by M. of A. SLATER -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to sentencing for conviction 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] Except as otherwise provided in this section, when a defendant 10 is convicted of murder in the first degree as defined in section 125.27 11 of this chapter, the court shall, in accordance with the provisions of 12 section 400.27 of the criminal procedure law, sentence the defendant to 13 death, to life imprisonment without parole in accordance with subdivi- 14 sion five of section 70.00 of this title, or to a term of imprisonment 15 for a class A-I felony other than a sentence of life imprisonment with- 16 out parole, in accordance with subdivisions one through three of section 17 70.00 of this title. When a person is convicted of murder in the second 18 degree as defined in subdivision five of section 125.25 of this chapter 19 [or of the crime of], aggravated murder as defined in subdivision one of 20 section 125.26 of this chapter, or murder in the first degree as defined 21 in subparagraph (i), (ii), (ii-a) or (iii) of paragraph (a) of subdivi- 22 sion one of section 125.27 of this chapter, the court shall sentence the 23 defendant to life imprisonment without parole in accordance with subdi- 24 vision five of section 70.00 of this title. When a defendant is 25 convicted of the crime of terrorism as defined in section 490.25 of this EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01680-01-3A. 5747 2 1 chapter, and the specified offense the defendant committed is a class 2 A-I felony offense, or when a defendant is convicted of the crime of 3 criminal possession of a chemical weapon or biological weapon in the 4 first degree as defined in section 490.45 of this chapter, or when a 5 defendant is convicted of the crime of criminal use of a chemical weapon 6 or biological weapon in the first degree as defined in section 490.55 of 7 this chapter, the court shall sentence the defendant to life imprison- 8 ment without parole in accordance with subdivision five of section 70.00 9 of this title; provided, however, that nothing in this section shall 10 preclude or prevent a sentence of death when the defendant is also 11 convicted of murder in the first degree as defined in section 125.27 of 12 this chapter. When a defendant is convicted of aggravated murder as 13 defined in subdivision two of section 125.26 of this chapter, the court 14 shall sentence the defendant to life imprisonment without parole or to a 15 term of imprisonment for a class A-I felony other than a sentence of 16 life imprisonment without parole, in accordance with subdivisions one 17 through three of section 70.00 of this title. 18 § 2. Subparagraph (i) of paragraph (a) of subdivision 3 of section 19 70.00 of the penal law, as amended by chapter 107 of the laws of 2006, 20 is amended to read as follows: 21 (i) For a class A-I felony, such minimum period shall not be less than 22 fifteen years nor more than twenty-five years; provided, however, that 23 (A) except as otherwise provided in clause (B) of this subparagraph, 24 where a sentence, other than a sentence of death or life imprisonment 25 without parole, is imposed upon a defendant convicted of murder in the 26 first degree as defined in section 125.27 of this chapter such minimum 27 period shall be not less than twenty years nor more than twenty-five 28 years, and, (B) where a sentence is imposed upon a defendant convicted 29 of murder in the second degree as defined in subdivision five of section 30 125.25 of this chapter [or], convicted of aggravated murder as defined 31 in section 125.26 of this chapter, or convicted of murder in the first 32 degree as defined in subparagraph (i), (ii), (ii-a) or (iii) of para- 33 graph (a) of subdivision one of section 125.27 of this chapter, the 34 sentence shall be life imprisonment without parole, and, (C) where a 35 sentence is imposed upon a defendant convicted of attempted murder in 36 the first degree as defined in article one hundred ten of this chapter 37 and subparagraph (i), (ii) or (iii) of paragraph (a) of subdivision one 38 and paragraph (b) of subdivision one of section 125.27 of this chapter 39 or 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 be sentenced to life imprisonment without 51 parole upon conviction for the crime of murder in the first degree as 52 defined in section 125.27 of this chapter and in accordance with the 53 procedures provided by law for imposing a sentence for such crime; 54 provided, however, that, a defendant shall be sentenced to life impri- 55 sonment without parole upon conviction of murder in the first degree as 56 defined in subparagraph (i), (ii), (ii-a) or (iii) of paragraph (a) ofA. 5747 3 1 subdivision one of section 125.27. A defendant who was eighteen years 2 of age or older at the time of the commission of the crime must be 3 sentenced to life imprisonment without parole upon conviction for the 4 crime of terrorism as defined in section 490.25 of this chapter, where 5 the specified offense the defendant committed is a class A-I felony; the 6 crime of criminal possession of a chemical weapon or biological weapon 7 in the first degree as defined in section 490.45 of this chapter; or the 8 crime of criminal use of a chemical weapon or biological weapon in the 9 first degree as defined in section 490.55 of this chapter; provided, 10 however, that nothing in this subdivision shall preclude or prevent a 11 sentence of death when the defendant is also convicted of the crime of 12 murder in the first degree as defined in section 125.27 of this chapter. 13 A defendant who was seventeen years of age or younger at the time of the 14 commission of the crime may be sentenced, in accordance with law, to the 15 applicable indeterminate sentence with a maximum term of life imprison- 16 ment. A defendant must be sentenced to life imprisonment without parole 17 upon conviction for the crime of murder in the second degree as defined 18 in subdivision five of section 125.25 of this chapter or for the crime 19 of aggravated murder as defined in subdivision one of section 125.26 of 20 this chapter. A defendant may be sentenced to life imprisonment without 21 parole upon conviction for the crime of aggravated murder as defined in 22 subdivision two of section 125.26 of this chapter. 23 § 4. This act shall take effect immediately.
