Bill Text: NY A11354 | 2017-2018 | General Assembly | Introduced

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Bill Title: Provides that the sentence for murder in the first degree shall be life imprisonment without parole.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2018-09-19 - referred to codes [A11354 Detail]

Download: New_York-2017-A11354-Introduced.html

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                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
        A. 11354                            2
     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
        A. 11354                            3

     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].
        A. 11354                            4
     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.