NY State Senate Bill 2023-S6313

Senate Bill S6313

2023-2024 Legislative Session

Relates to sentencing of a person convicted of murdering a child who is less than thirteen years old

download bill text pdf

Current 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to codes
Apr 13, 2023	referred to codes

2023-S6313 (ACTIVE) - Details

See Assembly Version of this Bill:: A4041
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §70.00, Pen L

2023-S6313 (ACTIVE) - Summary

Provides that a person convicted of murder in the first or second degree, or aggravated murder, in the death of a child who is less than thirteen years old shall be sentenced to life imprisonment without parole.

2023-S6313 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6313

SPONSOR: ROLISON
 
TITLE OF BILL:

An act to amend the penal law, in relation to a required sentence of
life imprisonment without parole for the murder of a child

 
PURPOSE OR GENERAL IDEA OF BILL: :

Require a life sentence without parole for the murder of a child under
thirteen years old.

 
SUMMARY OF PROVISIONS:

Section 1 - Amends subdivision 3 of section 70 of the penal law, as
amended by chapter 107 of the laws of 2006 to require a sentence of life
in prison for anyone who commits a first or second-degree murder of a
child under thirteen years old.

Section 2 - Amends subdivision 5 of section 70 of the penal law, as
amended by section 40-a of part WWW of chapter 59 of the laws of 2017 to

make the necessary conforming changes.

Section.3 - States the effective date.

 
JUSTIFICATION:

Twelve-year-old Danny Meyer rushed from his house on a sunny morning in
the Village of Maybrook in 1996 to,head to a little league baseball
game. He would never return home. As he cut through the woods to get to
the little league field, he was brutally murdered by 22-year-old Juan
Peinado. Recently this brutal killer came up for parole for the first
time. The Town of Montgomery and surrounding communities rallied against
his release and delivered thousands of signatures on a petition Opposing
parole. Thankfully, parole was denied. Still, this was only the first of
many times this wound will be reopened, as Peinado will be up for parole
again in the future.  This bill seeks to ensure that moving forward no
family or community has to relive the pain of a brutal murder each and
every time the killer comes up for parole. Those adults who Wantonly
murder children should never see the light of day again. This :bill
ensures that adults who commit crimes such as this one never receive,
parole.

 
PRIOR LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
Immediately.

2023-S6313 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6313
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              April 13, 2023
                                ___________
 
 Introduced  by  Sen. ROLISON -- 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  THIRTEEN
 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
 THIRTEEN 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06577-01-3
 S. 6313                             2

 
   §  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. For purposes of commitment and custody, other than  parole  and
 conditional  release,  such sentence shall be deemed to be an indetermi-
 nate sentence. [A] EXCEPT AS OTHERWISE PROVIDED IN THIS  SUBDIVISION,  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. 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 of]
 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, WHERE THE VICTIM WAS LESS THAN  THIRTEEN
 YEARS  OLD, or for the crime of aggravated murder as defined in subdivi-
 sion 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. This act shall take effect immediately.

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