NY State Senate Bill 2021-S5539

Senate Bill S5539

2021-2022 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Codes 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to codes
Mar 10, 2021	referred to codes

2021-S5539 (ACTIVE) - Details

Current Committee:: Senate 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:: 2017-2018: S7370
2019-2020: S1995

2021-S5539 (ACTIVE) - Summary

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

2021-S5539 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5539

SPONSOR: STEC
 
TITLE OF BILL:

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

 
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:

2020/2019: S1995 referred to Codes; A6822 referred to Codes
2018: S7370 passed Senate; A11354 referred to Codes

 
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.

2021-S5539 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5539
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 10, 2021
                                ___________
 
 Introduced  by  Sen.  STEC  --  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01449-01-1

 S. 5539                             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
 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-

 S. 5539                             3
 
 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.
   §  4.  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].
   §  5. 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].
   § 6. 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].
   § 7. Section 270.55 of the criminal procedure law is REPEALED.
   § 8. Section 400.27 of the criminal procedure law is REPEALED.
   §  9.  This  act  shall  take  effect  immediately  and shall apply to
 offenses committed on or after such effective date.

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