S T A T E O F N E W Y O R K
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8015
I N S E N A T E
March 19, 2018
___________
Introduced by Sens. GOLDEN, GALLIVAN, AKSHAR, CROCI, LANZA, MURPHY --
read twice and ordered printed, and when printed to be committed to
the Committee on Codes
AN ACT to amend the penal law, in relation to the sentence imposed for
convictions 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 SUBPARAGRAPH (III), (IV), (V), (VI), (VII), (VIII), (IX), (X), (XI),
(XII) OR (XIII) OF PARAGRAPH (A) OF SUBDIVISION ONE OF 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 subdivi-
sion 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 with-
out parole, in accordance with subdivisions one through three of section
70.00 of this title. WHEN A DEFENDANT IS CONVICTED OF MURDER IN THE
FIRST DEGREE AS DEFINED IN SUBPARAGRAPH (I), (II) OR (II-A) OF PARAGRAPH
(A) OF SUBDIVISION ONE OF SECTION 125.27 OF THIS CHAPTER, THE COURT
SHALL SENTENCE THE DEFENDANT TO DEATH OR LIFE IMPRISONMENT WITHOUT
PAROLE. 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15203-01-8
S. 8015 2
of terrorism as defined in section 490.25 of this chapter, and the spec-
ified offense the defendant committed is a class A-I felony offense, or
when a defendant is convicted of 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 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 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 subdi-
vision two of section 125.26 of this chapter, the court shall sentence
the defendant to life imprisonment without parole or to a term of impri-
sonment for a class A-I felony other than a sentence of life imprison-
ment without parole, in accordance with subdivisions one through three
of section 70.00 of this title.
§ 2. 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 without
parole upon conviction for the crime of murder in the first degree as
defined in SUBPARAGRAPH (III), (IV), (V), (VI), (VII), (VIII), (IX),
(X), (XI), (XII) OR (XIII) OF PARAGRAPH (A) OF SUBDIVISION ONE OF
section 125.27 of this chapter and in accordance with the procedures
provided by law for imposing a sentence for such crime. A DEFENDANT
SHALL BE SENTENCED TO LIFE IMPRISONMENT WITHOUT PAROLE UPON CONVICTION
FOR THE CRIME OF MURDER IN THE FIRST DEGREE AS DEFINED IN SUBPARAGRAPH
(I), (II) OR (II-A) OF PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION
125.27 OF THIS CHAPTER. A defendant must be sentenced to life imprison-
ment 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 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 noth-
ing 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 subdivision one of section 125.26 of this chapter. A defend-
ant 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.
§ 3. 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:
S. 8015 3
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 without
parole upon conviction for the crime of murder in the first degree as
defined in SUBPARAGRAPH (III), (IV), (V), (VI), (VII), (VIII), (IX),
(X), (XI), (XII) OR (XIII) OF PARAGRAPH (A) OF SUBDIVISION ONE OF
section 125.27 of this chapter and in accordance with the procedures
provided by law for imposing a sentence for such crime. A DEFENDANT
SHALL BE SENTENCED TO LIFE IMPRISONMENT WITHOUT PAROLE UPON CONVICTION
FOR THE CRIME OF MURDER IN THE FIRST DEGREE AS DEFINED IN SUBPARAGRAPH
(I), (II) OR (II-A) OF PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION
125.27 OF THIS CHAPTER. 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 without parole upon conviction for the crime of
terrorism as defined in section 490.25 of this chapter, where the speci-
fied offense the defendant 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 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
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
indeterminate 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.
§ 4. This act shall take effect October 1, 2018; provided, however,
that if section 40-a of part WWW of chapter 59 of the laws of 2017 shall
not have taken effect on or before such date then section three of this
act shall take effect on the same date and in the same manner as such
chapter of the laws of 2017, takes effect.