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.
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.