S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6822
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 20, 2019
                                ___________
 
 Introduced  by M. of A. WOERNER -- read once and referred to the Commit-
   tee 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05891-01-9

 A. 6822                             2
 
 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
 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

 A. 6822                             3
 
 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.
   § 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

 A. 6822                             4

 sentence  of  death  when  the  specified offense is murder in the first
 degree as defined in section 125.27 of this chapter].
   §  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.