S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    408
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sens.  GALLIVAN,  BORRELLO,  HELMING, LANZA, ORTT, STEC,
   TEDISCO, WEIK -- 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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02543-01-3
 S. 408                              2
 
 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
 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
 S. 408                              3
 
 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.
   §  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  2023  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.