S. 4908 2
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 subdivi-
sion 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.
§ 4. Subdivision 5 of section 70.00 of the penal law is REPEALED.
§ 5. Subdivision 2-a of section 70.20 of the penal law is REPEALED.
§ 6. Subdivision 3 and paragraph (a) of subdivision 7 of section 70.80
of the penal law, as added by chapter 7 of the laws of 2007, are amended
to read as follows:
3. Except as provided by subdivision four, five, six, seven or eight
of this section, or when a defendant is being sentenced for a conviction
of the class A-II felonies of predatory sexual assault and predatory
sexual assault against a child as defined in sections 130.95 and 130.96
of this chapter, or for any class A-I sexually motivated felony for
which a life sentence [or a life without parole sentence] must be
imposed, a sentence imposed upon a defendant convicted of a felony sex
offense shall be a determinate sentence. The determinate sentence shall
be imposed by the court in whole or half years, and shall include as a
part thereof a period of post-release supervision in accordance with
subdivision two-a of section 70.45 of this article. Persons eligible for
sentencing under section 70.07 of this article governing second child
sexual assault felonies shall be sentenced under such section and para-
graph (j) of subdivision two-a of section 70.45 of this article.
(a) [section 60.06 of this chapter and] section 70.00 of this arti-
cle[, as applicable,] if such offense is a class A-I felony; and
§ 7. Paragraph (d) of subdivision 2 of section 490.25 of the penal law
is REPEALED.
§ 8. The closing paragraph of section 490.28 of the penal law is
REPEALED.
§ 9. Section 113 of the correction law, as amended by chapter 322 of
the laws of 2021, is amended to read as follows:
§ 113. Absence of incarcerated individual for funeral and deathbed
visits authorized. The commissioner may permit any incarcerated individ-
ual confined by the department [except one awaiting the sentence of
death] to attend the funeral of his or her father, mother, guardian or
former guardian, child, brother, sister, husband, wife, grandparent,
grandchild, ancestral uncle or ancestral aunt within the state, or to
visit such individual during his or her illness if death be imminent;
but the exercise of such power shall be subject to such rules and regu-
lations as the commissioner shall prescribe, respecting the granting of
such permission, duration of absence from the institution, custody,
transportation and care of the incarcerated individual, and guarding
against escape. Any expense incurred under the provisions of this
section, with respect to any incarcerated individual permitted to attend
a funeral or visit a relative during last illness, shall be deemed an
expense of maintenance of the institution and be paid from moneys avail-
able therefor; but the superintendent, if the rules and regulations of
the commissioner shall so provide, may allow the incarcerated individual
or anyone in his or her behalf to reimburse the state for such expense.
§ 10. Section 130 of the correction law is REPEALED.
S. 4908 3
§ 11. Subdivision 2 of section 136 of the correction law, as amended
by chapter 322 of the laws of 2021, is amended to read as follows:
2. All incarcerated individuals admitted to the department serving a
determinate term of imprisonment, or an indeterminate sentence of impri-
sonment [other than a sentence of life imprisonment without parole], who
have been evaluated upon admission pursuant to subdivision one of
section one hundred thirty-seven of this article and are determined to
be capable of successfully completing the academic course work required
for the test assessing secondary completion, shall be provided with the
opportunity to complete such course work at least two months prior to
the date on which such incarcerated individual may be paroled, condi-
tionally released, released to post-release supervision pursuant to
section 70.40 of the penal law, or presumptively released, pursuant to
section eight hundred three of this chapter. Upon admission to the
department, such incarcerated individuals will be provided with written
notice that the test assessing secondary completion programs are avail-
able for all incarcerated individuals who so apply.
§ 12. Article 22-B of the correction law is REPEALED.
§ 13. Paragraph (b) of subdivision 1 of section 195.10 of the criminal
procedure law, as amended by chapter 401 of the laws of 2008, is amended
to read as follows:
(b) the defendant is not charged with a class A felony punishable by
[death or] life imprisonment; and
§ 14. 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].
§ 15. 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].
§ 16. Section 250.40 of the criminal procedure law is REPEALED.
§ 17. Section 270.16 of the criminal procedure law is REPEALED.
§ 18. Paragraphs (e) and (f) of subdivision 1 of section 270.20 of the
criminal procedure law, paragraph (e) as amended by chapter 68 of the
laws of 1989 and paragraph (f) as amended by chapter 1 of the laws of
1995, are amended to read as follows:
(e) He served on the grand jury which found the indictment in issue
or served on a trial jury in a prior civil or criminal action involving
the same incident charged in such indictment[; or
(f) The crime charged may be punishable by death and the prospective
juror entertains such conscientious opinions either against or in favor
of such punishment as to preclude such juror from rendering an impartial
verdict or from properly exercising the discretion conferred upon such
S. 4908 4
juror by law in the determination of a sentence pursuant to section
400.27].
§ 19. Subdivision 2 of section 270.30 of the criminal procedure law is
REPEALED.
§ 20. Section 270.55 of the criminal procedure law is REPEALED.
§ 21. Section 310.80 of the criminal procedure law, as amended by
chapter 1 of the laws of 1995, is amended to read as follows:
§ 310.80 Recording and checking of verdict and polling of jury.
After a verdict has been rendered, it must be recorded on the minutes
and read to the jury, and the jurors must be collectively asked whether
such is their verdict. Even though no juror makes any declaration in the
negative, the jury must, if either party makes such an application, be
polled and each juror separately asked whether the verdict announced by
the foreman is in all respects his verdict. If upon either the collec-
tive or the separate inquiry any juror answers in the negative, the
court must refuse to accept the verdict and must direct the jury to
resume its deliberation. If no disagreement is expressed, the jury must
be discharged from the case[, except as otherwise provided in section
400.27].
§ 22. Section 380.60 of the criminal procedure law, as amended by
chapter 177 of the laws of 2011, is amended to read as follows:
§ 380.60 Authority for the execution of sentence.
[Except where a sentence of death is pronounced, a] A sentence and
commitment or certificate of conviction showing the sentence pronounced
by the court, or a certified copy thereof, constitutes the authority for
execution of the sentence and serves as the order of commitment, and no
other warrant, order of commitment or authority is necessary to justify
or to require execution of the sentence.
§ 23. Section 400.27 of the criminal procedure law is REPEALED.
§ 24. Subdivision 1 of section 440.20 of the criminal procedure law,
as amended by chapter 1 of the laws of 1995, is amended to read as
follows:
1. At any time after the entry of a judgment, the court in which the
judgment was entered may, upon motion of the defendant, set aside the
sentence upon the ground that it was unauthorized, illegally imposed or
otherwise invalid as a matter of law. [Where the judgment includes a
sentence of death, the court may also set aside the sentence upon any of
the grounds set forth in paragraph (b), (c), (f), (g) or (h) of subdivi-
sion one of section 440.10 as applied to a separate sentencing proceed-
ing under section 400.27, provided, however, that to the extent the
ground or grounds asserted include one or more of the aforesaid para-
graphs of subdivision one of section 440.10, the court must also apply
subdivisions two and three of section 440.10, other than paragraph (d)
of subdivision two of such section, in determining the motion. In the
event the court enters an order granting a motion to set aside a
sentence of death under this section, the court must either direct a new
sentencing proceeding in accordance with section 400.27 or, to the
extent that the defendant cannot be resentenced to death consistent with
the laws of this state or the constitution of this state or of the
United States, resentence the defendant to life imprisonment without
parole or to a sentence of imprisonment for the class A-I felony of
murder in the first degree other than a sentence of life imprisonment
without parole. Upon granting the motion upon any of the grounds set
forth in the aforesaid paragraphs of subdivision one of section 440.10
and setting aside the sentence, the court must afford the people a
reasonable period of time, which shall not be less than ten days, to
S. 4908 5
determine whether to take an appeal from the order setting aside the
sentence of death. The taking of an appeal by the people stays the
effectiveness of that portion of the court's order that directs a new
sentencing proceeding.]
§ 25. Section 450.10 of the criminal procedure law, as amended by
chapter 671 of the laws of 1971, subdivisions 1 and 2 as amended by
chapter 671 of the laws of 1984, subdivision 3 as added and subdivision
4 as renumbered by chapter 516 of the laws of 1986 and subdivision 5 as
added by chapter 560 of the laws of 1999, is amended to read as follows:
§ 450.10 Appeal by defendant to intermediate appellate court; in what
cases authorized as of right.
An appeal to an intermediate appellate court may be taken as of right
by the defendant from the following judgment, sentence and order of a
criminal court:
1. A judgment [other than one including a sentence of death], unless
the appeal is based solely upon the ground that a sentence was harsh or
excessive when such sentence was predicated upon entry of a plea of
guilty and the sentence imposed did not exceed that which was agreed to
by the defendant as a condition of the plea and set forth on the record
or filed with the court as required by subdivision five of section
220.50 or subdivision four of section 340.20;
2. A sentence [other than one of death], as prescribed in subdivision
one of section 450.30, unless the appeal is based solely upon the ground
that a sentence was harsh or excessive when such sentence was predicated
upon entry of a plea of guilty and the sentence imposed did not exceed
that which was agreed to by the defendant as a condition of the plea and
set forth in the record or filed with the court as required by subdivi-
sion five of section 220.50 or subdivision four of section 340.20;
3. A sentence including an order of criminal forfeiture entered pursu-
ant to section 460.30 of the penal law with respect to such forfeiture
order.
4. An order, entered pursuant to section 440.40, setting aside a
sentence [other than one of death], upon motion of the People.
5. An order denying a motion, made pursuant to subdivision one-a of
section 440.30, for forensic DNA testing of evidence.
§ 26. Section 450.15 of the criminal procedure law, as amended by
chapter 671 of the laws of 1984, is amended to read as follows:
§ 450.15 Appeal by defendant to intermediate appellate court; in what
cases authorized by permission.
If an appeal by defendant is not authorized as of right pursuant to
section 450.10, the defendant may appeal from the following orders of a
criminal court, provided that a certificate granting leave to appeal is
issued pursuant to section 460.15:
1. An order denying a motion, made pursuant to section 440.10, to
vacate a judgment [other than one including a sentence of death];
2. An order denying a motion by the defendant made pursuant to section
440.20, to set aside a sentence [other than one of death];
3. A sentence which is not otherwise appealable as of right pursuant
to subdivision one or two of section 450.10.
§ 27. Subdivisions 4, 5, 6 and 7 of section 450.20 of the criminal
procedure law are amended to read as follows:
4. A sentence [other than one of death,] as prescribed in subdivisions
two and three of section 450.30;
5. An order, entered pursuant to section 440.10, vacating a judgment
[other than one including a sentence of death];
S. 4908 6
6. An order, entered pursuant to section 440.20, setting aside a
sentence [other than one of death];
7. An order denying a motion by the people, made pursuant to section
440.40, to set aside a sentence [other than one of death];
§ 28. Subdivision 10 of section 450.20 of the criminal procedure law
is REPEALED and subdivisions 11 and 12 are renumbered subdivisions 10
and 11.
§ 29. Section 450.70 of the criminal procedure law is REPEALED.
§ 30. Section 450.80 of the criminal procedure law is REPEALED.
§ 31. Section 460.40 of the criminal procedure law, as amended by
chapter 209 of the laws of 1990, subdivision 2 as amended and subdivi-
sion 3 as added by chapter 1 of the laws of 1995, is amended to read as
follows:
§ 460.40 Effect of taking of appeal upon judgment or order of courts
below; when stayed.
[1. The taking of an appeal by the defendant directly to the court of
appeals, pursuant to subdivision one of section 450.70, from a superior
court judgment including a sentence of death stays the execution of such
sentence. Except as provided in subdivision two of this section, in no
other case does the taking of an appeal, by either party, in and of
itself stay the execution of any judgment, sentence or order of either a
criminal court or an intermediate appellate court.
2.] The taking of an appeal by the people to an intermediate appellate
court pursuant to subdivision one-a of section 450.20, from an order
reducing a count or counts of an indictment or dismissing an indictment
and directing the filing of a prosecutor's information, stays the effect
of such order. In addition, the taking of an appeal by the people to an
intermediate appellate court pursuant to subdivision one of section
450.20, from an order dismissing a count or counts of an indictment
charging murder in the first degree, stays the effect of such order.
[3. Within six months of the effective date of this subdivision, the
court of appeals shall adopt rules to ensure that a defendant is granted
a stay of the execution of any death warrant issued pursuant to article
twenty-two-B of the correction law to allow the defendant an opportunity
to prepare and timely file an initial motion pursuant to section 440.10
or 440.20 seeking to set aside a sentence of death or vacate a judgment
including a sentence of death and to allow the motion and any appeal
from the denial thereof to be timely determined. The rules shall provide
that in the event a defendant seeks to file any subsequent motion with
respect to the judgment or sentence following a final determination of
the defendant's initial motion pursuant to section 440.10 or 440.20, a
motion for a stay of the execution of the death warrant may only be
granted for good cause shown. The people and the defendant shall have a
right to appeal to the court of appeals from orders granting or denying
such stay motions and any rules adopted pursuant to this subdivision
shall provide that the court of appeals may affirm such orders, reverse
them or modify them upon such terms as the court deems appropriate and
shall provide for the expeditious perfection and determination of such
appeals. Prior to adoption of the rules, the court of appeals shall
issue proposed rules and receive written comments thereon from inter-
ested parties.]
§ 32. Section 470.30 of the criminal procedure law, as amended by
chapter 1 of the laws of 1995, is amended to read as follows:
§ 470.30 Determination by court of appeals of appeals taken directly
thereto from judgments and orders of criminal courts.
S. 4908 7
1. Wherever appropriate, the rules set forth in sections 470.15 and
470.20, governing the consideration and determination by intermediate
appellate courts of appeals thereto from judgments and orders of crimi-
nal courts, and prescribing their scope of review and the corrective
action to be taken by them upon reversal or modification, apply equally
to the consideration and determination by the court of appeals of
appeals taken directly thereto[, pursuant to sections 450.70 and
450.80,] from judgments and orders of superior criminal courts.
[2. Whenever a sentence of death is imposed, the judgment and sentence
shall be reviewed on the record by the court of appeals. Review by the
court of appeals pursuant to subdivision one of section 450.70 may not
be waived.
3. With regard to the sentence, the court shall, in addition to exer-
cising the powers and scope of review granted under subdivision one of
this section, determine:
(a) whether the sentence of death was imposed under the influence of
passion, prejudice, or any other arbitrary or legally impermissible
factor including whether the imposition of the verdict or sentence was
based upon the race of the defendant or a victim of the crime for which
the defendant was convicted;
(b) whether the sentence of death is excessive or disproportionate to
the penalty imposed in similar cases considering both the crime and the
defendant. In conducting such review the court, upon request of the
defendant, in addition to any other determination, shall review whether
the sentence of death is excessive or disproportionate to the penalty
imposed in similar cases by virtue of the race of the defendant or a
victim of the crime for which the defendant was convicted; and
(c) whether the decision to impose the sentence of death was against
the weight of the evidence.
4. The court shall include in its decision:
(a) the aggravating and mitigating factors established in the record
on appeal; and
(b) those similar cases it took into consideration.
5. In addition to exercising any other corrective action pursuant to
subdivision one of this section, the court, with regard to review of a
sentence of death, shall be authorized to:
(a) affirm the sentence of death; or
(b) set the sentence aside and remand the case for resentencing pursu-
ant to the procedures set forth in section 400.27 for a determination as
to whether the defendant shall be sentenced to death, life imprisonment
without parole or to 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; or
(c) set the sentence aside and remand the case for resentencing by the
court for a determination as to whether the defendant shall be sentenced
to life imprisonment without parole or to 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.]
§ 33. Subdivision 4 of section 630.20 of the criminal procedure law is
REPEALED.
§ 34. Subdivision 1 of section 650.20 of the criminal procedure law is
amended to read as follows:
1. When (a) a criminal action is pending in a court of record of this
state, or a grand jury proceeding has been commenced, and (b) there is
reasonable cause to believe that a person confined in a correctional
institution or prison of another state, other than a person [awaiting
S. 4908 8
execution of a sentence of death or one] confined as mentally ill or as
a defective delinquent, possesses information material to such criminal
action or proceeding, and (c) the attendance of such person as a witness
in such action or proceeding is desired by a party thereto, and (d) the
state in which such person is confined possesses a statute equivalent to
section 650.10, the court in which such action or proceeding is pending
may issue a certificate under the seal of such court, certifying all
such facts and that the attendance of such person as a witness in such
court is required for a specified number of days.
§ 35. Section 707 of the county law is REPEALED.
§ 36. Section 63-d of the executive law is REPEALED.
§ 37. Section 837-l of the executive law is REPEALED.
§ 38. Section 35-b of the judiciary law is REPEALED.
§ 39. Section 211-a of the judiciary law is REPEALED.
§ 40. Subdivision c of section 24-355 of the administrative code of
the city of New York is amended to read as follows:
c. It shall be the special duty of the persons so appointed to prevent
breaches of the peace and unlawful depredations and to arrest and bring
before the proper magistrates persons employed on such works or found in
the vicinity thereof, who are guilty of offenses against the law punish-
able by [death,] imprisonment or fines, or persons whom they may have
reasonable cause to believe to be guilty of such offenses.
§ 41. This act shall take effect on the one hundred twentieth day
after it shall have become a law.
