Bill Text: NY A05935 | 2023-2024 | General Assembly | Introduced

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Bill Title: Prohibits the release, on parole or otherwise, of persons convicted of first degree murder.

Spectrum: Partisan Bill (Republican 10-0)

Status: (Introduced - Dead) 2024-01-03 - referred to codes [A05935 Detail]

Download: New_York-2023-A05935-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5935

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                     March 24, 2023
                                       ___________

        Introduced by M. of A. K. BROWN -- read once and referred to the Commit-
          tee on Codes

        AN ACT to amend the penal law, in relation to prohibiting the release of
          persons convicted of first degree murder

          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,  or  to  life  imprisonment without parole in
    13  accordance with subdivision five of section 70.00 of this title[, or  to
    14  a  term  of imprisonment for a class A-I felony other than a sentence of
    15  life imprisonment without parole, in accordance  with  subdivisions  one
    16  through  three  of  section  70.00  of  this  title].  When  a person is
    17  convicted of murder in the second degree as defined in subdivision  five
    18  of  section  125.25 of this chapter or of the crime of aggravated murder
    19  as defined in subdivision one of section 125.26  of  this  chapter,  the
    20  court  shall  sentence the defendant to life imprisonment without parole
    21  in accordance with subdivision five of section 70.00 of this title. When
    22  a defendant is convicted of the crime of terrorism as defined in section
    23  490.25 of this chapter, and the specified offense the defendant  commit-
    24  ted  is  a class A-I felony offense, or when a defendant is convicted of
    25  the crime of criminal possession of  a  chemical  weapon  or  biological

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07891-01-3
        A. 5935                             2

     1  weapon in the first degree as defined in section 490.45 of this chapter,
     2  or when a defendant is convicted of the crime of criminal use of a chem-
     3  ical  weapon  or  biological  weapon  in  the first degree as defined in
     4  section  490.55  of this chapter, the court shall sentence the defendant
     5  to life imprisonment without parole in accordance with subdivision  five
     6  of  section 70.00 of this title; provided, however, that nothing in this
     7  section shall preclude or prevent a sentence of death when the defendant
     8  is also convicted of murder in the first degree as  defined  in  section
     9  125.27  of  this  chapter.  When  a defendant is convicted of aggravated
    10  murder as defined in subdivision two of section 125.26 of this  chapter,
    11  the  court  shall  sentence  the  defendant to life imprisonment without
    12  parole or to a term of imprisonment for a class A-I felony other than  a
    13  sentence  of life imprisonment without parole, in accordance with subdi-
    14  visions one through three of section 70.00 of this title.
    15    § 2. This act shall take effect immediately.