S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8682
 
                           I N  A S S E M B L Y
 
                             January 10, 2022
                                ___________
 
 Introduced by M. of A. LAWLER -- read once and referred to the Committee
   on Codes
 
 AN  ACT  to amend the penal law, in relation to making life imprisonment
   without parole mandatory for defendants convicted  of  murder  in  the
   first  degree  or  second  degree  and the victim is a police officer,
   peace officer, first responder or correctional officer

   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  accord-
 ance with subdivision five of section 70.00 of this title, or, EXCEPT AS
 PROVIDED  IN  SUBDIVISION FIVE OF SECTION 70.00 OF THIS TITLE, 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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13385-02-1
 A. 8682                             2
 
 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.
   §  2.  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, COMMUTATION OR PARDON.  For purposes of commitment and custody,
 other than parole and conditional release, such sentence shall be deemed
 to be an indeterminate 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 section 125.27 of  this  chapter  and  in
 accordance  with  the procedures provided by law for imposing a sentence
 for such crime, EXCEPT THAT A DEFENDANT MUST BE SENTENCED TO LIFE IMPRI-
 SONMENT WITHOUT PAROLE UPON CONVICTION FOR THE CRIME OF  MURDER  IN  THE
 FIRST DEGREE AS DEFINED IN SUBPARAGRAPH (I), (II), (II-A), (III) OR (IV)
 OF  PARAGRAPH  (A) OF SUBDIVISION ONE OF 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 SIX OF SECTION 125.25 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 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 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  OR
 SIX  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.
 A. 8682                             3
 
   §  3.  Subdivision 5 of section 125.25 of the penal law, as amended by
 chapter 320 of the laws of 2006, is amended and a new subdivision  6  is
 added to read as follows:
   5. Being eighteen years old or more, while in the course of committing
 rape  in  the  first, second or third degree, criminal sexual act in the
 first, second or third degree, sexual abuse in the first degree,  aggra-
 vated  sexual  abuse  in  the  first, second, third or fourth degree, or
 incest in the first, second or third degree, against a person less  than
 fourteen  years  old,  he  or she intentionally causes the death of such
 person[.]; OR
   6. ACTING EITHER ALONE OR WITH ONE OR MORE OTHER PERSONS,  HE  OR  SHE
 COMMITS OR ATTEMPTS TO COMMIT ROBBERY, BURGLARY, KIDNAPPING, ARSON, RAPE
 IN  THE  FIRST  DEGREE,  CRIMINAL SEXUAL ACT IN THE FIRST DEGREE, SEXUAL
 ABUSE IN THE FIRST DEGREE, AGGRAVATED SEXUAL ABUSE, ESCAPE IN THE  FIRST
 DEGREE,  OR    ESCAPE IN THE SECOND DEGREE, AND, IN THE COURSE OF AND IN
 FURTHERANCE OF  SUCH CRIME OR OF IMMEDIATE FLIGHT THEREFROM, HE OR  SHE,
 OR  ANOTHER      PARTICIPANT,  IF THERE BE ANY, INTENTIONALLY CAUSES THE
 DEATH OF: A POLICE OFFICER AS  DEFINED  IN  SUBDIVISION  THIRTY-FOUR  OF
 SECTION  1.20  OF THE CRIMINAL PROCEDURE LAW; A PEACE OFFICER AS DEFINED
 IN PARAGRAPH A  OF  SUBDIVISION  TWENTY-ONE,  SUBDIVISION  TWENTY-THREE,
 TWENTY-FOUR  OR  SIXTY-TWO  (EMPLOYEES  OF  THE  DIVISION  FOR YOUTH) OF
 SECTION 2.10 OF THE CRIMINAL PROCEDURE  LAW;  A  FIREFIGHTER;  EMERGENCY
 MEDICAL TECHNICIAN, AMBULANCE DRIVER, PARAMEDIC, PHYSICIAN OR REGISTERED
 NURSE INVOLVED IN A FIRST RESPONSE TEAM, OR ANY OTHER INDIVIDUAL WHO, IN
 THE  COURSE  OF  OFFICIAL  DUTIES,  PERFORMS  EMERGENCY  RESPONSE; OR AN
 EMPLOYEE OF A STATE CORRECTIONAL INSTITUTION OR WAS  AN  EMPLOYEE  OF  A
 LOCAL  CORRECTIONAL  FACILITY  AS  DEFINED IN SUBDIVISION TWO OF SECTION
 FORTY OF THE CORRECTION LAW, WHEN SUCH PERSON WAS ENGAGED IN THE  COURSE
 OF PERFORMING THEIR OFFICIAL DUTIES.
   §  4.  This  act  shall  take  effect on the same date and in the same
 manner as a chapter of the  laws  of  2021  proposing  an  amendment  to
 section  4  of  article  IV of the constitution, relating to prohibiting
 persons convicted of murder or sentenced to  life  without  parole  from
 being eligible  for commutation of sentence, takes effect.