Bill Text: NY S07057 | 2015-2016 | General Assembly | Amended

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Bill Title: Relates to murder in the first degree where the intended victim is a child twelve years of age or younger.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2016-06-14 - referred to codes [S07057 Detail]

Download: New_York-2015-S07057-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         7057--A
                    IN SENATE
                                     March 21, 2016
                                       ___________
        Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
          when printed to be committed to the Committee on  Codes  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
        AN ACT to amend the penal law, in relation to murder in the first degree
          where the intended victim was a child twelve years of age or younger
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. This act shall be known and may be cited as "Maddox's Law".
     2    § 2. Subparagraph (xiii) of paragraph (a) of subdivision 1 of  section
     3  125.27 of the penal law, as added by chapter 300 of the laws of 2001, is
     4  amended and a new subparagraph (xiv) is added to read as follows:
     5    (xiii) the victim was killed in furtherance of an act of terrorism, as
     6  defined  in  paragraph  (b) of subdivision one of section 490.05 of this
     7  chapter; [and] or
     8    (xiv) the intended victim was a child twelve years of age or  younger;
     9  and
    10    §  3.  Subdivision  5 of section 70.00 of the penal law, as amended by
    11  chapter 482 of the laws of 2009, is amended to read as follows:
    12    5.  Life  imprisonment  without  parole.  Notwithstanding  any   other
    13  provision  of  law,  a  defendant sentenced to life imprisonment without
    14  parole shall not  be  or  become  eligible  for  parole  or  conditional
    15  release.  For  purposes of commitment and custody, other than parole and
    16  conditional release, such sentence shall be deemed to be  an  indetermi-
    17  nate  sentence.  A defendant may be sentenced to life imprisonment with-
    18  out parole upon conviction for the crime of murder in the  first  degree
    19  as  defined in section 125.27 of this chapter and in accordance with the
    20  procedures provided by law for imposing a sentence  for  such  crime.  A
    21  defendant  must  be  sentenced  to life imprisonment without parole upon
    22  conviction for the crime of terrorism as defined in  section  490.25  of
    23  this  chapter,  where the specified offense the defendant committed is a
    24  class A-I felony; the crime of criminal possession of a chemical  weapon
    25  or biological weapon in the first degree as defined in section 490.45 of
    26  this  chapter;  or  the  crime  of  criminal use of a chemical weapon or
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14742-02-6