Bill Text: NY S04409 | 2013-2014 | General Assembly | Introduced

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Bill Title: Makes life imprisonment without parole mandatory for defendants convicted of murder in the first degree and the victim is a police officer.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO CODES [S04409 Detail]

Download: New_York-2013-S04409-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4409
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                    March 26, 2013
                                      ___________
       Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
         printed to be committed 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  S 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
   24  this  chapter,  and  the  specified offense the defendant committed is a
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08038-01-3
       S. 4409                             2
    1  class A-I felony offense, or when a defendant is convicted of the  crime
    2  of  criminal possession of a chemical weapon or biological weapon in the
    3  first degree as defined in section 490.45 of this  chapter,  or  when  a
    4  defendant is convicted of the crime of criminal use of a chemical weapon
    5  or biological weapon in the first degree as defined in section 490.55 of
    6  this  chapter,  the court shall sentence the defendant to life imprison-
    7  ment without parole in accordance with subdivision five of section 70.00
    8  of this title; provided, however, that nothing  in  this  section  shall
    9  preclude  or  prevent  a  sentence  of  death when the defendant is also
   10  convicted of murder in the first degree as defined in section 125.27  of
   11  this  chapter.  When  a  defendant  is convicted of aggravated murder as
   12  defined in subdivision two of section 125.26 of this chapter, the  court
   13  shall sentence the defendant to life imprisonment without parole or to a
   14  term  of  imprisonment  for  a class A-I felony other than a sentence of
   15  life imprisonment without parole, in accordance  with  subdivisions  one
   16  through three of section 70.00 of this title.
   17    S  2.  Subdivision  5 of section 70.00 of the penal law, as amended by
   18  chapter 482 of the laws of 2009, is amended to read as follows:
   19    5.  Life  imprisonment  without  parole.  Notwithstanding  any   other
   20  provision  of  law,  a  defendant sentenced to life imprisonment without
   21  parole shall not  be  or  become  eligible  for  parole  or  conditional
   22  release.  For  purposes of commitment and custody, other than parole and
   23  conditional release, such sentence shall be deemed to be  an  indetermi-
   24  nate  sentence.  A defendant may be sentenced to life imprisonment with-
   25  out parole upon conviction for the crime of murder in the  first  degree
   26  as  defined in section 125.27 of this chapter and in accordance with the
   27  procedures provided by law for imposing a sentence  for  such  crime.  A
   28  defendant  must  be  sentenced  to life imprisonment without parole upon
   29  conviction for the crime of terrorism as defined in  section  490.25  of
   30  this  chapter,  where the specified offense the defendant committed is a
   31  class A-I felony; the crime of criminal possession of a chemical  weapon
   32  or biological weapon in the first degree as defined in section 490.45 of
   33  this  chapter;  or  the  crime  of  criminal use of a chemical weapon or
   34  biological weapon in the first degree as defined in  section  490.55  of
   35  this  chapter; provided, however, that nothing in this subdivision shall
   36  preclude or prevent a sentence of  death  when  the  defendant  is  also
   37  convicted  of  the  crime  of  murder  in the first degree as defined in
   38  section 125.27 of this chapter.  A DEFENDANT MUST BE SENTENCED  TO  LIFE
   39  IMPRISONMENT  WITHOUT  PAROLE UPON CONVICTION FOR THE CRIME OF MURDER IN
   40  THE FIRST DEGREE AS DEFINED IN SUBPARAGRAPH  (I)  OF  PARAGRAPH  (A)  OF
   41  SUBDIVISION  ONE  OF SECTION 125.27 OF THIS CHAPTER. A defendant must be
   42  sentenced to life imprisonment without parole upon  conviction  for  the
   43  crime  of  murder in the second degree as defined in subdivision five of
   44  section 125.25 of this chapter or for the crime of aggravated murder  as
   45  defined  in subdivision one of section 125.26 of this chapter. A defend-
   46  ant may be sentenced to life imprisonment without parole upon conviction
   47  for the crime of aggravated murder as  defined  in  subdivision  two  of
   48  section 125.26 of this chapter.
   49    S 3. This act shall take effect on the first of November next succeed-
   50  ing the date on which it shall have become a law.