S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9401

                          I N  A S S E M B L Y

                            February 29, 2016
                               ___________

Introduced  by  M.  of  A. MURRAY, GRAF -- 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:

  Section  1.  Section 60.06 of the penal law, as amended by chapter 482
of the laws of 2009, is amended to read as follows:
S 60.06 Authorized disposition; murder in the  first  degree  offenders;
          aggravated  murder  offenders;  certain  murder  in the second
          degree  offenders;  certain  terrorism   offenders;   criminal
          possession  of  a  chemical weapon or biological weapon offen-
          ders; criminal use of a chemical weapon or  biological  weapon
          offenders.
  When a defendant is convicted of murder in the first degree as defined
in  section  125.27 of this chapter, the court shall, in accordance with
the provisions of section 400.27 of the criminal procedure law, sentence
the defendant to death, to life imprisonment without parole  in  accord-
ance  with subdivision five of section 70.00 of this title, or to a term
of imprisonment for a class A-I felony other than  a  sentence  of  life
imprisonment without parole, in accordance with subdivisions one through
three  of  section  70.00  of  this title. When a person is convicted of
murder in the second degree as defined in subdivision  five  of  section
125.25  of  this chapter or of the crime of aggravated murder as defined
in subdivision one of section 125.26 of this chapter, OR OF THE CRIME OF
MURDER IN THE FIRST DEGREE AS DEFINED IN SUBPARAGRAPH (I), (II),  (II-A)
OR  (III)  OF PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION 125.27 OF THIS
CHAPTER AND THE SENTENCE  OF  DEATH  IS  NOT  IMPOSED  the  court  shall
sentence the defendant to life imprisonment without parole in accordance
with  subdivision  five of section 70.00 of this title. When a defendant
is convicted of the crime of terrorism as defined in section  490.25  of
this  chapter,  and  the  specified offense the defendant committed is a
class A-I felony offense, or when a defendant is convicted of the  crime

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD14362-01-6

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of  criminal possession of a chemical weapon or biological weapon in the
first degree as defined in section 490.45 of this  chapter,  or  when  a
defendant is convicted of the crime of criminal use of a chemical weapon
or biological weapon in the first degree as defined in section 490.55 of
this  chapter,  the court shall sentence the defendant to life imprison-
ment without parole in accordance with subdivision five of section 70.00
of this title; provided, however, that nothing  in  this  section  shall
preclude  or  prevent  a  sentence  of  death when the defendant is also
convicted of murder in the first degree as defined in section 125.27  of
this  chapter.  When  a  defendant  is convicted of aggravated murder as
defined in subdivision two of section 125.26 of this chapter, the  court
shall sentence the defendant to life imprisonment without parole or to a
term  of  imprisonment  for  a class A-I felony other than a sentence of
life imprisonment without parole, in accordance  with  subdivisions  one
through three of section 70.00 of this title.
  S  2.  Subparagraph  (i)  of paragraph (a) of subdivision 3 of section
70.00 of the penal law, as amended by chapter 107 of the laws  of  2006,
is amended to read as follows:
  (i) For a class A-I felony, such minimum period shall not be less than
fifteen  years  nor more than twenty-five years; provided, however, that
(A) where a sentence, other than a sentence of death or  life  imprison-
ment  without parole, is imposed upon a defendant convicted of murder in
the first degree as defined in  SUBPARAGRAPH  (IV),  (V),  (VI),  (VII),
(VIII), (IX), (X), (XI), (XII) OR (XIII) OF PARAGRAPH (A) OF SUBDIVISION
ONE  OF  section 125.27 of this chapter such minimum period shall be not
less than twenty years nor more than twenty-five years, and, (B) where a
sentence is imposed upon a defendant convicted of murder in  the  second
degree  as defined in subdivision five of section 125.25 of this chapter
or convicted of aggravated murder as defined in section 125.26  of  this
chapter, OR WHERE A SENTENCE, OTHER THAN A SENTENCE OF DEATH, IS IMPOSED
UPON  A  DEFENDANT CONVICTED OF MURDER IN THE FIRST DEGREE AS DEFINED IN
SUBPARAGRAPH (I), (II), (II-A) OR (III) OF PARAGRAPH (A) OF  SUBDIVISION
ONE OF SECTION 125.27 OF THIS CHAPTER, the sentence shall be life impri-
sonment  without  parole,  and,  (C)  where a sentence is imposed upon a
defendant convicted of attempted murder in the first degree  as  defined
in  article  one hundred ten of this chapter and subparagraph (i), (ii),
(II-A) or (iii) of paragraph (a) of subdivision one and paragraph (b) of
subdivision one of section 125.27 of this chapter  or  attempted  aggra-
vated  murder  as defined in article one hundred ten of this chapter and
section 125.26 of this chapter such minimum period  shall  be  not  less
than twenty years nor more than forty years.
  S  3.  Subdivision  5 of section 70.00 of the penal law, as amended by
chapter 482 of the laws of 2009, is amended to read as follows:
  5.  Life  imprisonment  without  parole.  Notwithstanding  any   other
provision  of  law,  a  defendant sentenced to life imprisonment without
parole shall not  be  or  become  eligible  for  parole  or  conditional
release.  For  purposes of commitment and custody, other than parole and
conditional release, such sentence shall be deemed to be  an  indetermi-
nate  sentence.  A defendant may be sentenced to life imprisonment with-
out parole upon conviction for the crime of murder in the  first  degree
as  defined in section 125.27 of this chapter and in accordance with the
procedures provided by law for imposing a sentence  for  such  crime.  A
defendant  must  be  sentenced  to life imprisonment without parole upon
conviction for the crime of terrorism as defined in  section  490.25  of
this  chapter,  where the specified offense the defendant committed is a
class A-I felony; the crime of criminal possession of a chemical  weapon

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or biological weapon in the first degree as defined in section 490.45 of
this  chapter;  or  the  crime  of  criminal use of a chemical weapon or
biological weapon in the first degree as defined in  section  490.55  of
this  chapter; provided, however, that nothing in this subdivision shall
preclude or prevent a sentence of  death  when  the  defendant  is  also
convicted  of  the  crime  of  murder  in the first degree as defined in
section 125.27 of this chapter.  A defendant must be sentenced  to  life
imprisonment  without  parole upon conviction for the crime of murder in
the second degree as defined in subdivision five of  section  125.25  of
this  chapter or for the crime of aggravated murder as defined in subdi-
vision one of section  125.26  of  this  chapter.  A  defendant  may  be
sentenced  to  life  imprisonment without parole upon conviction for the
crime of aggravated murder as defined  in  subdivision  two  of  section
125.26 of this chapter OR FOR THE CRIME OF MURDER IN THE FIRST DEGREE AS
DEFINED  IN  SUBPARAGRAPH (I), (II), (II-A) OR (III) OF PARAGRAPH (A) OF
SUBDIVISION ONE OF SECTION 125.27 OF THIS CHAPTER AND  THE  SENTENCE  OF
DEATH IS NOT IMPOSED.
  S 4. Subdivisions 1 and 10 of section 400.27 of the criminal procedure
law,  as  added by chapter 1 of the laws of 1995, are amended to read as
follows:
  1. Upon [the] conviction of a defendant for the offense of  murder  in
the  first  degree as defined by SUBPARAGRAPH (I), (II), (II-A) OR (III)
OF PARAGRAPH (A) OF SUBDIVISION ONE OF section 125.27 of the penal  law,
the  court  shall  promptly  conduct a separate sentencing proceeding to
determine whether the defendant shall be sentenced to death or  to  life
imprisonment  without  parole  pursuant  to  subdivision five of section
70.00 of the penal law. Nothing in  this  section  shall  be  deemed  to
preclude  the people at any time from determining that the death penalty
shall not be sought in a particular case, in  which  case  the  separate
sentencing  proceeding shall not be conducted and the court may sentence
such defendant to life imprisonment without parole [or to a sentence  of
imprisonment  for  the  class  A-I  felony of murder in the first degree
other than a sentence of life imprisonment without parole].
  10. (A) At the conclusion of all the  evidence,  the  people  and  the
defendant  may present argument in summation for or against the sentence
sought by the people. The people may deliver the first summation and the
defendant may then deliver the last  summation.  Thereafter,  the  court
shall  deliver  a  charge  to the jury on any matters appropriate in the
circumstances. In its charge, the court must instruct the jury that with
respect to each count of murder in  the  first  degree,  AS  DEFINED  IN
SUBPARAGRAPH  (I), (II), (II-A) OR (III) OF PARAGRAPH (A) OF SUBDIVISION
ONE OF SECTION 125.27 OF THE PENAL LAW, the jury should consider whether
or not a sentence of death should  be  imposed  and  whether  or  not  a
sentence  of  life  imprisonment  without parole should be imposed[, and
that the jury must be unanimous with respect  to  either  sentence.  The
court  must  also  instruct the jury that in the event the jury fails to
reach unanimous agreement with respect to the sentence, the  court  will
sentence  the defendant to a term of imprisonment with a minimum term of
between twenty and twenty-five years and a maximum term of life. Follow-
ing the court's charge, the jury shall retire to consider  the  sentence
to  be imposed. Unless inconsistent with the provisions of this section,
the provisions of sections 310.10, 310.20 and 310.30  shall  govern  the
deliberations of the jury].
  (B)  THE  COURT MUST INSTRUCT THE JURY THAT THE JURY MUST BE UNANIMOUS
WITH RESPECT TO THE SENTENCE TO BE IMPOSED. THE COURT MUST ALSO INSTRUCT
THE JURY THAT IN THE EVENT THE JURY FAILS TO REACH  UNANIMOUS  AGREEMENT

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WITH RESPECT TO THE SENTENCE, THE COURT WILL SENTENCE THE DEFENDANT TO A
TERM OF LIFE IMPRISONMENT WITHOUT PAROLE.
  (C)  FOLLOWING  THE  COURT'S CHARGE, THE JURY SHALL RETIRE TO CONSIDER
THE SENTENCE TO BE IMPOSED. UNLESS INCONSISTENT WITH THE  PROVISIONS  OF
THIS  SECTION,  THE  PROVISIONS OF SECTIONS 310.10, 310.20 AND 310.30 OF
THIS PART SHALL GOVERN THE DELIBERATIONS OF THE JURY.
  S 5. This act  shall  take  effect  immediately  and  shall  apply  to
offenses committed on or after such effective date.