S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1480
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 10, 2025
                                ___________
 
 Introduced by M. of A. ANGELINO, BARCLAY, BEEPHAN, BENDETT, BLANKENBUSH,
   BRABENEC, BROOK-KRASNY, K. BROWN, CHANG, DiPIETRO, DURSO, FITZPATRICK,
   GANDOLFO,  GIGLIO,  GRAY,  HAWLEY, JENSEN, LEMONDES, MAHER, MANKTELOW,
   McDONOUGH, MILLER, NOVAKHOV, PALMESANO, SLATER, SMULLEN, TAGUE -- read
   once and referred 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02883-01-5
              

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 sentence the defendant to life imprisonment without parole in accordance
 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
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 SIX  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.
   § 3. Subdivision 5 of section 125.25 of the penal law, as  amended  by
 chapter  23  of  the laws of 2024, 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, a crime formerly  defined  in
 section  130.50,  130.45  or  130.40  of this title, the crime of sexual
 abuse in the first degree, aggravated 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] SUCH PERSON
 intentionally causes the death of such person[.]; OR
   6. ACTING EITHER ALONE OR WITH ONE OR MORE OTHER PERSONS, SUCH  PERSON
 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, SUCH PERSON,
 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  PARA-
 GRAPH 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 OFFI-
 CIAL 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 immediately.