S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2654
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 21, 2025
                                ___________
 
 Introduced  by  M.  of A. GIBBS, DAVILA -- read once and referred to the
   Committee on Codes
 
 AN ACT to amend the penal law, in relation to the age of persons  eligi-
   ble for a sentence of life imprisonment without parole
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. 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 WHO WAS EIGHTEEN YEARS OF AGE OR OLDER AT THE
 TIME OF THE COMMISSION OF THE CRIME may be sentenced to  life  imprison-
 ment 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 with-
 out  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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00838-01-5
              

 A. 2654                             2
 
 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
 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 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 WHO WAS EIGHTEEN YEARS OF AGE OR OLDER AT  THE
 TIME  OF  THE COMMISSION OF THE CRIME may be sentenced to life imprison-
 ment without parole upon conviction for the crime of  aggravated  murder
 as defined in subdivision two of section 125.26 of this chapter.
   § 2. This act shall take effect immediately.