•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

A09942 Summary:

BILL NOA09942
 
SAME ASSAME AS S08457
 
SPONSORSchmitt
 
COSPNSR
 
MLTSPNSR
 
Amd §70.00, Pen L
 
Provides that a person convicted of murder in the first or second degree, or aggravated murder, in the death of a minor shall be sentenced to life imprisonment without parole.
Go to top

A09942 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9942
 
                   IN ASSEMBLY
 
                                     April 19, 2022
                                       ___________
 
        Introduced  by M. of A. SCHMITT -- read once and referred to the Commit-
          tee 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:

     1    Section 1. Subparagraph (i) of  paragraph  (a)  of  subdivision  3  of
     2  section 70.00 of the penal law, as amended by chapter 107 of the laws of
     3  2006, is amended to read as follows:
     4    (i) For a class A-I felony, such minimum period shall not be less than
     5  fifteen  years  nor more than twenty-five years; provided, however, that
     6  (A) where a sentence, other than a sentence of death or  life  imprison-
     7  ment  without parole, is imposed upon a defendant convicted of murder in
     8  the first degree as defined in section 125.27 of this chapter such mini-
     9  mum period shall be not less than twenty years nor more than twenty-five
    10  years, and, (B) where a sentence is imposed upon a  defendant  convicted
    11  of  murder  in  the  second  degree  as defined in [subdivision five of]
    12  section 125.25 of this chapter where the victim is  less  than  eighteen
    13  years  old,  or  convicted  of  aggravated  murder as defined in section
    14  125.26 of this chapter, or convicted of murder in the  first  degree  as
    15  defined  in section 125.27 of this chapter where the victim is less than
    16  eighteen years old, the sentence  shall  be  life  imprisonment  without
    17  parole,  and, (C) where a sentence is imposed upon a defendant convicted
    18  of attempted murder in the  first  degree  as  defined  in  article  one
    19  hundred ten of this chapter and subparagraph (i), (ii) or (iii) of para-
    20  graph  (a)  of  subdivision  one and paragraph (b) of subdivision one of
    21  section 125.27 of this chapter or attempted aggravated murder as defined
    22  in article one hundred ten of this chapter and section  125.26  of  this
    23  chapter such minimum period shall be not less than twenty years nor more
    24  than forty years.
    25    §  2.  Subdivision  5 of section 70.00 of the penal law, as amended by
    26  section 40-a of part WWW of chapter 59 of the laws of 2017,  is  amended
    27  to read as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14902-01-2

        A. 9942                             2
 
     1    5.   Life  imprisonment  without  parole.  Notwithstanding  any  other
     2  provision of law, a defendant sentenced  to  life  imprisonment  without
     3  parole  shall  not  be  or  become  eligible  for  parole or conditional
     4  release. For purposes of commitment and custody, other than  parole  and
     5  conditional  release,  such sentence shall be deemed to be an indetermi-
     6  nate sentence. [A] Except as otherwise provided in  this  subdivision  a
     7  defendant  may  be  sentenced  to  life imprisonment without parole upon
     8  conviction for the crime of murder in the first  degree  as  defined  in
     9  section  125.27  of  this  chapter and in accordance with the procedures
    10  provided by law for imposing a sentence for such crime. A defendant  who
    11  was  eighteen years of age or older at the time of the commission of the
    12  crime must  be  sentenced  to  life  imprisonment  without  parole  upon
    13  conviction  for  the  crime of terrorism as defined in section 490.25 of
    14  this chapter, where the specified offense the defendant committed  is  a
    15  class  A-I felony; the crime of criminal possession of a chemical weapon
    16  or biological weapon in the first degree as defined in section 490.45 of
    17  this chapter; or the crime of criminal  use  of  a  chemical  weapon  or
    18  biological  weapon  in  the first degree as defined in section 490.55 of
    19  this chapter; provided, however, that nothing in this subdivision  shall
    20  preclude  or  prevent  a  sentence  of  death when the defendant is also
    21  convicted of the crime of murder in  the  first  degree  as  defined  in
    22  section  125.27  of this chapter. A defendant who was seventeen years of
    23  age or younger at the time  of  the  commission  of  the  crime  may  be
    24  sentenced,  in  accordance  with  law,  to  the applicable indeterminate
    25  sentence with a maximum term of life imprisonment. A defendant  must  be
    26  sentenced  to  life  imprisonment without parole upon conviction for the
    27  crime of murder in the second degree as defined in [subdivision five of]
    28  section 125.25 of this chapter, aggravated murder as defined in  section
    29  125.26  of  this  chapter,  or  murder in the first degree as defined in
    30  section 125.27 of this chapter, where the victim was less than  eighteen
    31  years  old, or for the crime of aggravated murder as defined in subdivi-
    32  sion one of  section  125.26  of  this  chapter.  [A  defendant  may  be
    33  sentenced  to  life  imprisonment without parole upon conviction for the
    34  crime of aggravated murder as defined  in  subdivision  two  of  section
    35  125.26 of this chapter.]
    36    § 3. This act shall take effect immediately.
Go to top