NY State Senate Bill 2017-S7370

Senate Bill S7370

2017-2018 Legislative Session

Provides that the sentence for murder in the first degree shall be life imprisonment without parole; repealer

download bill text pdf

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 01, 2018	referred to codes delivered to assembly passed senate
Apr 30, 2018	ordered to third reading cal.878 committee discharged and committed to rules
Jan 10, 2018	referred to codes

Votes

- May 1, 2018 - Floor Vote
  S7370
  
  45
  
  Aye
  
  18
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 1, 2018
      
      aye (45)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Croci
      
      DeFrancisco
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Golden
      
      Griffo
      
      Hannon
      
      Helming
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Marchione
      
      Mayer
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Savino
      
      Serino
      
      Seward
      
      Stavisky
      
      Tedisco
      
      Valesky
      
      Young
      
      nay (18)
      
      Alcantara
      
      Bailey
      
      Benjamin
      
      Comrie
      
      Dilan
      
      Gianaris
      
      Hamilton
      
      Hoylman-Sigal
      
      Kavanagh
      
      Krueger
      
      Montgomery
      
      Parker
      
      Peralta
      
      Rivera
      
      Sanders Jr.
      
      Sepúlveda
      
      Serrano
      
      Stewart-Cousins
  Apr 30, 2018 - Rules Committee Vote
  S7370
  
  18
  
  Aye
  
  6
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Apr 30, 2018
      
      aye (18)
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Flanagan
      
      Griffo
      
      Hannon
      
      Kennedy
      
      Klein
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Ranzenhofer
      
      Robach
      
      Savino
      
      Seward
      
      Valesky
      
      nay (6)
      
      Dilan
      
      Krueger
      
      Montgomery
      
      Parker
      
      Rivera
      
      Stewart-Cousins
      
      aye wr (1)
      
      Gianaris

co-Sponsors

2017-S7370 (ACTIVE) - Details

See Assembly Version of this Bill:: A11354
Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Amd §§60.06, 70.00 & 490.25, Pen L; amd §§220.10 & 220.30, rpld §§270.55 & 400.27, CP L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S1995, A6822
2021-2022: S5539

2017-S7370 (ACTIVE) - Summary

Provides that the sentence for murder in the first degree shall be life imprisonment without parole.

2017-S7370 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7370

SPONSOR: LITTLE
 
TITLE OF BILL:  An act to amend the penal law and the criminal proce-
dure law, in relation to imposing a mandatory sentence of life imprison-
ment without parole upon conviction of murder in the first degree; and
to repeal sections 270.55 and 400.27 of the criminal procedure law
relating to the procedure for determining the sentence for conviction of
murder in the first degree

 
PURPOSE:

This bill provides that the sentence for murder in the first degree
shall be life imprisonment without parole.

 
SUMMARY OF PROVISIONS:

Section 60.06 of the penal law, as amended by chapter 482 of the laws of
2009 is amended to sentence life imprisonment for murder in the first
degree offenders.

Subparagraph (i) of paragraph (a) of subdivision 3 of section 70.00 of
the penal law, as amended by chapter 107 of the law of 2006, will read
the defendant will be sentenced of life imprisonment without parole.
Subdivision 5 of section 70.00 of the penal law, as amended by chapter
482 of the laws of 2009, is amended to add the sentence of life impri-
sonment without parole.

Subdivision 5 of section 70.00 of the penal law, as amended by section
40-a of part WWW of chapter 59 of the laws of 2017, is amended to add
the sentence of life imprisonment without parole.

Paragraph (d) of subdivision 2 of section 490.25 of the penal law, as
added by chapter 300 of the laws of 2001, is amended to add the sentence
of life imprisonment without parole.

Paragraph e of subdivision 5 of section 220.10 of the criminal procedure
law, as amended by chapter 1 of the laws of 1995, is amended to add the
sentence of life imprisonment without parole.

Subparagraph (vii) of paragraph (b) of subdivision 3 of section 220.30
of the criminal procedure law, as amended by chapter 1 of the laws of
1995, is amended to add the sentence of life imprisonment without
parole.

Section 270.55 and section 400.27 of the criminal procedure law is
repealed.

Section 10 add the effective date.

 
JUSTIFICATION:

On August 11, 2017, Crystal Riley and her 4-year-old daughter Lilly
Fraser were senselessly and brutally murdered in their Glens Falls home.
The suspect was apprehended and the trial is taking place in early 2018.
The defendant has been indicted on eight-counts, including first-degree
murder.


Presently, murder in the first degree, which is typically a murder with
the highest level of intent and other unfavorable circumstances, carries
a minimum sentence of 20 to 25 years unless the defendant receives a
life sentence without the possibility of parole (early release from
prison), which is another potential sentencing outcome.  There are cases
in which a sentencing outcome of a murder in the first degree conviction
is a 20 year minimum.

As the grandmother of the victims stated, nothing will change what
happened on that painful day of August 11, 2017; however, the punishment
of life imprisonment without parole for murder in the first degree may
prevent another brutal and senseless act, and could even save a life.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to offenses
committed on or after such effective date; provided, that section four
of this act shall take effect on the same date and in the same manner as
section 40-a of part WWW of chapter 59 of the laws of 2017, takes
effect.

2017-S7370 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7370
 
                             I N  S E N A T E
 
                             January 10, 2018
                                ___________
 
 Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the  penal  law  and  the  criminal  procedure  law,  in
   relation to imposing a mandatory sentence of life imprisonment without
   parole  upon  conviction  of murder in the first degree; and to repeal
   sections 270.55 and 400.27 of the criminal procedure law  relating  to
   the procedure for determining the sentence for conviction 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:
 § 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  accordance 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,  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  commit-
 ted  is  a class A-I felony offense, or when a defendant is convicted of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD14129-01-8

 S. 7370                             2
 
 the crime 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 chem-
 ical  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 imprisonment 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 subdi-
 visions one through three of section 70.00 of this title.
   § 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 section  125.27  of  this  chapter  [such
 minimum  period  shall be not less than twenty years nor more than twen-
 ty-five years], THE SENTENCE SHALL BE  LIFE  WITHOUT  PAROLE,  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, the sentence shall be life imprisonment 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) or (iii) of paragraph (a)
 of subdivision one and paragraph  (b)  of  subdivision  one  of  section
 125.27  of  this  chapter  or  attempted aggravated murder as defined in
 article one hundred ten of this chapter and section 125.26 of this chap-
 ter such minimum period shall be not less than  twenty  years  nor  more
 than forty years.
   §  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] SHALL be sentenced to life imprisonment
 without  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 weap-
 on 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

 S. 7370                             3

 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.
   §  4.  Subdivision  5 of section 70.00 of the penal law, as amended by
 section 40-a of part WWW of chapter 59 of the laws of 2017,  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] SHALL be sentenced to life imprisonment
 without 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 who was eighteen years of age or older at the time of
 the commission of the crime must be sentenced to life imprisonment with-
 out  parole  upon  conviction  for  the crime of terrorism as defined in
 section 490.25 of this chapter, where the specified offense the  defend-
 ant committed is a class A-I felony; the crime of criminal possession of
 a chemical weapon or biological weapon in the first degree as defined in
 section 490.45 of this chapter; or the crime of criminal use of a chemi-
 cal  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  who  was
 seventeen  years  of age or younger at the time of the commission of the
 crime may be sentenced, in accordance with law, to the applicable  inde-
 terminate sentence with a maximum term of life imprisonment. 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 subdivision 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.
   §  5.  Paragraph  (d)  of subdivision 2 of section 490.25 of the penal
 law, as added by chapter 300 of the laws of 2001, is amended to read  as
 follows:
   (d)  Notwithstanding  any  other  provision  of  law, when a person is
 convicted of a crime of terrorism pursuant  to  this  section,  and  the
 specified  offense  is  a  class  A-I  felony offense, the sentence upon
 conviction of such offense shall be life imprisonment  without  parole[;
 provided,  however,  that  nothing  herein  shall  preclude or prevent a
 sentence of death when the specified offense  is  murder  in  the  first
 degree as defined in section 125.27 of this chapter].

 S. 7370                             4
 
   §  6. Paragraph (e) of subdivision 5 of section 220.10 of the criminal
 procedure law, as amended by chapter 1 of the laws of 1995,  is  amended
 to read as follows:
   (e)  A defendant may not enter a plea of guilty to the crime of murder
 in the first degree as defined in  section  125.27  of  the  penal  law;
 provided,  however, that a defendant may enter such a plea with both the
 permission of the court and the consent of the people  when  the  agreed
 upon sentence is [either] life imprisonment without parole [or a term of
 imprisonment  for  the  class  A-I  felony of murder in the first degree
 other than a sentence of life imprisonment without parole].
   § 7. Subparagraph (vii) of paragraph (b) of subdivision 3  of  section
 220.30  of  the  criminal  procedure law, as amended by chapter 1 of the
 laws of 1995, is amended to read as follows:
   (vii) A defendant may not enter a plea  of  guilty  to  the  crime  of
 murder  in  the  first  degree as defined in section 125.27 of the penal
 law; provided, however, that a defendant may enter such a plea with both
 the permission of the court and the  consent  of  the  people  when  the
 agreed  upon sentence is [either] life imprisonment without parole [or a
 term of imprisonment for the class A-I felony of  murder  in  the  first
 degree other than a sentence of life imprisonment without parole].
   § 8. Section 270.55 of the criminal procedure law is REPEALED.
   § 9. Section 400.27 of the criminal procedure law is REPEALED.
   §  10.  This  act  shall  take  effect  immediately and shall apply to
 offenses committed on or  after  such  effective  date;  provided,  that
 section  four  of this act shall take effect on the same date and in the
 same manner as section 40-a of part WWW of chapter 59  of  the  laws  of
 2017, takes effect.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S7370

Share this bill

Sponsored By

Betty Little