STATE OF NEW YORK
________________________________________________________________________
592
2025-2026 Regular Sessions
IN ASSEMBLY(Prefiled)
January 8, 2025
___________
Introduced by M. of A. PHEFFER AMATO -- 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 and the victim is a police officer
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 60.06 of the penal law, as amended by chapter 482
2 of the laws of 2009, is amended to read as follows:
3 § 60.06 Authorized disposition; murder in the first degree offenders;
4 aggravated murder offenders; certain murder in the second
5 degree offenders; certain terrorism offenders; criminal
6 possession of a chemical weapon or biological weapon offen-
7 ders; criminal use of a chemical weapon or biological weapon
8 offenders.
9 When a defendant is convicted of murder in the first degree as defined
10 in section 125.27 of this chapter, the court shall, in accordance with
11 the provisions of section 400.27 of the criminal procedure law, sentence
12 the defendant to death, to life imprisonment without parole in accord-
13 ance with subdivision five of section 70.00 of this title, or, except as
14 provided in subdivision five of section 70.00 of this title, to a term
15 of imprisonment for a class A-I felony other than a sentence of life
16 imprisonment without parole, in accordance with subdivisions one through
17 three of section 70.00 of this title. When a person is convicted of
18 murder in the second degree as defined in subdivision five of section
19 125.25 of this chapter or of the crime of aggravated murder as defined
20 in subdivision one of section 125.26 of this chapter, the court shall
21 sentence the defendant to life imprisonment without parole in accordance
22 with subdivision five of section 70.00 of this title. When a defendant
23 is convicted of the crime of terrorism as defined in section 490.25 of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02405-01-5
A. 592 2
1 this chapter, and the specified offense the defendant committed is a
2 class A-I felony offense, or when a defendant is convicted of the crime
3 of criminal possession of a chemical weapon or biological weapon in the
4 first degree as defined in section 490.45 of this chapter, or when a
5 defendant is convicted of the crime of criminal use of a chemical weapon
6 or biological weapon in the first degree as defined in section 490.55 of
7 this chapter, the court shall sentence the defendant to life imprison-
8 ment without parole in accordance with subdivision five of section 70.00
9 of this title; provided, however, that nothing in this section shall
10 preclude or prevent a sentence of death when the defendant is also
11 convicted of murder in the first degree as defined in section 125.27 of
12 this chapter. When a defendant is convicted of aggravated murder as
13 defined in subdivision two of section 125.26 of this chapter, the court
14 shall sentence the defendant to life imprisonment without parole or to a
15 term of imprisonment for a class A-I felony other than a sentence of
16 life imprisonment without parole, in accordance with subdivisions one
17 through three of section 70.00 of this title.
18 § 2. Subdivision 5 of section 70.00 of the penal law, as amended by
19 section 40-a of part WWW of chapter 59 of the laws of 2017, is amended
20 to read as follows:
21 5. Life imprisonment without parole. Notwithstanding any other
22 provision of law, a defendant sentenced to life imprisonment without
23 parole shall not be or become eligible for parole or conditional
24 release. For purposes of commitment and custody, other than parole and
25 conditional release, such sentence shall be deemed to be an indetermi-
26 nate sentence. A defendant may be sentenced to life imprisonment without
27 parole upon conviction for the crime of murder in the first degree as
28 defined in section 125.27 of this chapter and in accordance with the
29 procedures provided by law for imposing a sentence for such crime. A
30 defendant who was eighteen years of age or older at the time of the
31 commission of the crime must be sentenced to life imprisonment without
32 parole upon conviction for the crime of terrorism as defined in section
33 490.25 of this chapter, where the specified offense the defendant
34 committed is a class A-I felony; the crime of criminal possession of a
35 chemical weapon or biological weapon in the first degree as defined in
36 section 490.45 of this chapter; or the crime of criminal use of a chemi-
37 cal weapon or biological weapon in the first degree as defined in
38 section 490.55 of this chapter; provided, however, that nothing in this
39 subdivision shall preclude or prevent a sentence of death when the
40 defendant is also convicted of the crime of murder in the first degree
41 as defined in section 125.27 of this chapter. A defendant who was seven-
42 teen years of age or younger at the time of the commission of the crime
43 may be sentenced, in accordance with law, to the applicable indetermi-
44 nate sentence with a maximum term of life imprisonment. A defendant must
45 be sentenced to life imprisonment without parole upon conviction for the
46 crime of murder in the first degree as defined in subparagraph (i) of
47 paragraph (a) of subdivision one of section 125.27 of this chapter. A
48 defendant must be sentenced to life imprisonment without parole upon
49 conviction for the crime of murder in the second degree as defined in
50 subdivision five of section 125.25 of this chapter or for the crime of
51 aggravated murder as defined in subdivision one of section 125.26 of
52 this chapter. A defendant may be sentenced to life imprisonment without
53 parole upon conviction for the crime of aggravated murder as defined in
54 subdivision two of section 125.26 of this chapter.
55 § 3. This act shall take effect on the first of November next succeed-
56 ing the date on which it shall have become a law.
