NY State Assembly Bill 2023-A5747A

Assembly Bill A5747A

2023-2024 Legislative Session

Requires a sentence of life imprisonment without parole for murder in the first degree, aggravated murder, and murder in the second degree

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Current Bill Status - In Assembly 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to codes
Aug 04, 2023	print number 5747a
Aug 04, 2023	amend (t) and recommit to codes
Mar 23, 2023	referred to codes

Bill Amendments

Original

A (Active)

co-Sponsors

2023-A5747 - Details

Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Amd §§60.06 & 70.00, Pen L

2023-A5747 - Summary

Requires a sentence of life imprisonment without parole for murder in the first degree, aggravated murder, and murder in the second degree.

2023-A5747 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5747
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 23, 2023
                                ___________
 
 Introduced by M. of A. SLATER -- read once and referred to the Committee
   on Codes
 
 AN  ACT to amend the penal law, in relation to sentencing for conviction
   of certain provisions 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]  EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, 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 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 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, OR MURDER IN THE FIRST DEGREE AS DEFINED
 IN SUBPARAGRAPH (I), (II), (II-A) OR (III) OF PARAGRAPH (A) OF  SUBDIVI-
 SION ONE OF SECTION 125.27 OF THIS CHAPTER, the court shall sentence the
 defendant  to life imprisonment without parole in accordance with subdi-
 vision 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01680-01-3

 A. 5747                             2
 
 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
 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. 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)  EXCEPT  AS  OTHERWISE  PROVIDED IN CLAUSE (B) OF THIS SUBPARAGRAPH,
 where a sentence, other than a sentence of death  or  life  imprisonment
 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 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 [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 SUBPARAGRAPH (I), (II), (II-A) OR (III) OF PARA-
 GRAPH (A) OF SUBDIVISION ONE OF SECTION  125.27  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 chapter 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 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;
 PROVIDED, HOWEVER, THAT, A DEFENDANT SHALL BE SENTENCED TO  LIFE  IMPRI-
 SONMENT  WITHOUT PAROLE UPON CONVICTION OF MURDER IN THE FIRST DEGREE AS
 DEFINED IN SUBPARAGRAPH (I), (II), (II-A) OR (III) OF PARAGRAPH  (A)  OF
 A. 5747                             3
 
 SUBDIVISION  ONE  OF SECTION 125.27.  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 imprison-
 ment. 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 immediately.

co-Sponsors

View additional co-sponsors

2023-A5747A (ACTIVE) - Details

Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Amd §§60.06 & 70.00, Pen L

2023-A5747A (ACTIVE) - Summary

Requires a sentence of life imprisonment without parole for murder in the first degree, aggravated murder, and murder in the second degree.

2023-A5747A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5747--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 23, 2023
                                ___________
 
 Introduced by M. of A. SLATER, ANGELINO -- read once and referred to the
   Committee  on  Codes  --  committee  discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the penal law, in relation to requiring  a  sentence  of
   life  without  parole  for convictions of murder in the second degree,
   aggravated murder, and 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 SECOND DEGREE AS
 DEFINED IN SECTION 125.25 OF THIS CHAPTER, AGGRAVATED MURDER AS  DEFINED
 IN  SECTION  125.26  OF  THIS  CHAPTER, OR murder in the first degree as
 defined in section 125.27 of this chapter, the court shall,  in  accord-
 ance  with  the  provisions  of section 400.27 of the criminal procedure
 law, sentence the defendant to death[,] OR 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  subdi-
 visions  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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01680-02-3

 A. 5747--A                          2

 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 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 subdi-
 vision 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. 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 [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, 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 subpar-
 agraph (i), (ii) or (iii) of paragraph (a) of subdivision one and  para-
 graph  (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].
   § 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 SECOND
 DEGREE AS DEFINED IN SECTION 125.25 OF THIS CHAPTER,  AGGRAVATED  MURDER
 AS  DEFINED  IN  SECTION  125.26 OF THIS CHAPTER, OR 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
 A. 5747--A                          3
 
 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 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 seven-
 teen  years of age or younger at the time of the commission of the crime
 may be sentenced, in accordance with law, to the  applicable  indetermi-
 nate  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 immediately.

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Assembly Bill A5747A

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Sponsored By

SLATER

Current Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

Joe Angelino

2023-A5747 - Details

2023-A5747 - Summary

2023-A5747 - Bill Text download pdf

co-Sponsors

Joe Angelino

Edward Flood

Alec Brook-Krasny

Lester Chang

2023-A5747A (ACTIVE) - Details

2023-A5747A (ACTIVE) - Summary

2023-A5747A (ACTIVE) - Bill Text download pdf

Comments