Senate Bill S8457

2021-2022 Legislative Session

Relates to sentencing of person convicted of murdering a minor

download bill text pdf

Sponsored By

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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2021-S8457 (ACTIVE) - Details

See Assembly Version of this Bill:
A9942
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §70.00, Pen L
Versions Introduced in 2023-2024 Legislative Session:
S7122, A7991

2021-S8457 (ACTIVE) - Summary

Provides that a person convicted of murder in the first or second degree, or aggravated murder, in the death of a minor shall be sentenced to life imprisonment without parole.

2021-S8457 (ACTIVE) - Sponsor Memo

2021-S8457 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8457
 
                             I N  S E N A T E
 
                               March 2, 2022
                                ___________
 
 Introduced  by Sen. MARTUCCI -- 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  a  required  sentence  of
   life imprisonment without parole for the murder of a child
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. 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 mini-
 mum period shall be not less than twenty years nor more than twenty-five
 years, 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 WHERE THE VICTIM IS  LESS  THAN  EIGHTEEN
 YEARS  OLD,  or  convicted  of  aggravated  murder as defined in section
 125.26 of this chapter, OR CONVICTED OF MURDER IN THE  FIRST  DEGREE  AS
 DEFINED  IN SECTION 125.27 OF THIS CHAPTER WHERE THE VICTIM IS LESS THAN
 EIGHTEEN YEARS OLD, 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 para-
 graph  (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
 chapter such minimum period shall be not less than twenty years nor more
 than forty years.
   §  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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14902-01-2
              

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