STATE OF NEW YORK
________________________________________________________________________
11354
IN ASSEMBLY
September 19, 2018
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Woerner) --
read once and referred to the Committee on Codes
AN ACT to amend the penal law and the criminal procedure law, in
relation to imposing a mandatory sentence of life imprisonment without
parole upon conviction of murder in the first degree; and to repeal
sections 270.55 and 400.27 of the criminal procedure law relating to
the procedure for determining the sentence for conviction of murder in
the first degree
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,]
12 sentence the defendant to [death, to] life imprisonment without parole
13 in accordance with subdivision five of section 70.00 of this title[, or
14 to a term of imprisonment for a class A-I felony other than a sentence
15 of life imprisonment without parole, in accordance with subdivisions one
16 through three of section 70.00 of this title]. When a person is
17 convicted of murder in the second degree as defined in subdivision five
18 of section 125.25 of this chapter or of the crime of aggravated murder
19 as defined in subdivision one of section 125.26 of this chapter, the
20 court shall sentence the defendant to life imprisonment without parole
21 in accordance with subdivision five of section 70.00 of this title. When
22 a defendant is convicted of the crime of terrorism as defined in section
23 490.25 of this chapter, and the specified offense the defendant commit-
24 ted is a class A-I felony offense, or when a defendant is convicted of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14129-01-8
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1 the crime of criminal possession of a chemical weapon or biological
2 weapon in the first degree as defined in section 490.45 of this chapter,
3 or when a defendant is convicted of the crime of criminal use of a chem-
4 ical weapon or biological weapon in the first degree as defined in
5 section 490.55 of this chapter, the court shall sentence the defendant
6 to life imprisonment without parole in accordance with subdivision five
7 of section 70.00 of this title[; provided, however, that nothing in this
8 section shall preclude or prevent a sentence of death when the defendant
9 is also convicted of murder in the first degree as defined in section
10 125.27 of this chapter]. When a defendant is convicted of aggravated
11 murder as defined in subdivision two of section 125.26 of this chapter,
12 the court shall sentence the defendant to life imprisonment without
13 parole or to a term of imprisonment for a class A-I felony other than a
14 sentence of life imprisonment without parole, in accordance with subdi-
15 visions one through three of section 70.00 of this title.
16 § 2. Subparagraph (i) of paragraph (a) of subdivision 3 of section
17 70.00 of the penal law, as amended by chapter 107 of the laws of 2006,
18 is amended to read as follows:
19 (i) For a class A-I felony, such minimum period shall not be less than
20 fifteen years nor more than twenty-five years; provided, however, that
21 (A) where a sentence[, other than a sentence of death or life imprison-
22 ment without parole,] is imposed upon a defendant convicted of murder in
23 the first degree as defined in section 125.27 of this chapter [such
24 minimum period shall be not less than twenty years nor more than twen-
25 ty-five years], the sentence shall be life without parole, and, (B)
26 where a sentence is imposed upon a defendant convicted of murder in the
27 second degree as defined in subdivision five of section 125.25 of this
28 chapter or convicted of aggravated murder as defined in section 125.26
29 of this chapter, the sentence shall be life imprisonment without parole,
30 and, (C) where a sentence is imposed upon a defendant convicted of
31 attempted murder in the first degree as defined in article one hundred
32 ten of this chapter and subparagraph (i), (ii) or (iii) of paragraph (a)
33 of subdivision one and paragraph (b) of subdivision one of section
34 125.27 of this chapter or attempted aggravated murder as defined in
35 article one hundred ten of this chapter and section 125.26 of this chap-
36 ter such minimum period shall be not less than twenty years nor more
37 than forty years.
38 § 3. Subdivision 5 of section 70.00 of the penal law, as amended by
39 chapter 482 of the laws of 2009, is amended to read as follows:
40 5. Life imprisonment without parole. Notwithstanding any other
41 provision of law, a defendant sentenced to life imprisonment without
42 parole shall not be or become eligible for parole or conditional
43 release. For purposes of commitment and custody, other than parole and
44 conditional release, such sentence shall be deemed to be an indetermi-
45 nate sentence. A defendant [may] shall be sentenced to life imprisonment
46 without parole upon conviction for the crime of murder in the first
47 degree as defined in section 125.27 of this chapter and in accordance
48 with the procedures provided by law for imposing a sentence for such
49 crime. A defendant must be sentenced to life imprisonment without parole
50 upon conviction for the crime of terrorism as defined in section 490.25
51 of this chapter, where the specified offense the defendant committed is
52 a class A-I felony; the crime of criminal possession of a chemical weap-
53 on or biological weapon in the first degree as defined in section 490.45
54 of this chapter; or the crime of criminal use of a chemical weapon or
55 biological weapon in the first degree as defined in section 490.55 of
56 this chapter[; provided, however, that nothing in this subdivision shall
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1 preclude or prevent a sentence of death when the defendant is also
2 convicted of the crime of murder in the first degree as defined in
3 section 125.27 of this chapter]. A defendant must be sentenced to life
4 imprisonment without parole upon conviction for the crime of murder in
5 the second degree as defined in subdivision five of section 125.25 of
6 this chapter or for the crime of aggravated murder as defined in subdi-
7 vision one of section 125.26 of this chapter. A defendant may be
8 sentenced to life imprisonment without parole upon conviction for the
9 crime of aggravated murder as defined in subdivision two of section
10 125.26 of this chapter.
11 § 4. Subdivision 5 of section 70.00 of the penal law, as amended by
12 section 40-a of part WWW of chapter 59 of the laws of 2017, is amended
13 to read as follows:
14 5. Life imprisonment without parole. Notwithstanding any other
15 provision of law, a defendant sentenced to life imprisonment without
16 parole shall not be or become eligible for parole or conditional
17 release. For purposes of commitment and custody, other than parole and
18 conditional release, such sentence shall be deemed to be an indetermi-
19 nate sentence. A defendant [may] shall be sentenced to life imprisonment
20 without parole upon conviction for the crime of murder in the first
21 degree as defined in section 125.27 of this chapter and in accordance
22 with the procedures provided by law for imposing a sentence for such
23 crime. A defendant who was eighteen years of age or older at the time of
24 the commission of the crime must be sentenced to life imprisonment with-
25 out parole upon conviction for the crime of terrorism as defined in
26 section 490.25 of this chapter, where the specified offense the defend-
27 ant committed is a class A-I felony; the crime of criminal possession of
28 a chemical weapon or biological weapon in the first degree as defined in
29 section 490.45 of this chapter; or the crime of criminal use of a chemi-
30 cal weapon or biological weapon in the first degree as defined in
31 section 490.55 of this chapter[; provided, however, that nothing in this
32 subdivision shall preclude or prevent a sentence of death when the
33 defendant is also convicted of the crime of murder in the first degree
34 as defined in section 125.27 of this chapter]. A defendant who was
35 seventeen years of age or younger at the time of the commission of the
36 crime may be sentenced, in accordance with law, to the applicable inde-
37 terminate sentence with a maximum term of life imprisonment. A defendant
38 must be sentenced to life imprisonment without parole upon conviction
39 for the crime of murder in the second degree as defined in subdivision
40 five of section 125.25 of this chapter or for the crime of aggravated
41 murder as defined in subdivision one of section 125.26 of this chapter.
42 A defendant may be sentenced to life imprisonment without parole upon
43 conviction for the crime of aggravated murder as defined in subdivision
44 two of section 125.26 of this chapter.
45 § 5. Paragraph (d) of subdivision 2 of section 490.25 of the penal
46 law, as added by chapter 300 of the laws of 2001, is amended to read as
47 follows:
48 (d) Notwithstanding any other provision of law, when a person is
49 convicted of a crime of terrorism pursuant to this section, and the
50 specified offense is a class A-I felony offense, the sentence upon
51 conviction of such offense shall be life imprisonment without parole[;
52 provided, however, that nothing herein shall preclude or prevent a
53 sentence of death when the specified offense is murder in the first
54 degree as defined in section 125.27 of this chapter].
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1 § 6. Paragraph (e) of subdivision 5 of section 220.10 of the criminal
2 procedure law, as amended by chapter 1 of the laws of 1995, is amended
3 to read as follows:
4 (e) A defendant may not enter a plea of guilty to the crime of murder
5 in the first degree as defined in section 125.27 of the penal law;
6 provided, however, that a defendant may enter such a plea with both the
7 permission of the court and the consent of the people when the agreed
8 upon sentence is [either] life imprisonment without parole [or a term of
9 imprisonment for the class A-I felony of murder in the first degree
10 other than a sentence of life imprisonment without parole].
11 § 7. Subparagraph (vii) of paragraph (b) of subdivision 3 of section
12 220.30 of the criminal procedure law, as amended by chapter 1 of the
13 laws of 1995, is amended to read as follows:
14 (vii) A defendant may not enter a plea of guilty to the crime of
15 murder in the first degree as defined in section 125.27 of the penal
16 law; provided, however, that a defendant may enter such a plea with both
17 the permission of the court and the consent of the people when the
18 agreed upon sentence is [either] life imprisonment without parole [or a
19 term of imprisonment for the class A-I felony of murder in the first
20 degree other than a sentence of life imprisonment without parole].
21 § 8. Section 270.55 of the criminal procedure law is REPEALED.
22 § 9. Section 400.27 of the criminal procedure law is REPEALED.
23 § 10. This act shall take effect immediately and shall apply to
24 offenses committed on or after such effective date; provided, that
25 section four of this act shall take effect on the same date and in the
26 same manner as section 40-a of part WWW of chapter 59 of the laws of
27 2017, takes effect.