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A04041 Summary:

BILL NOA04041
 
SAME ASSAME AS S06313
 
SPONSORMaher
 
COSPNSRBrown E, DeStefano, Brabenec, McDonough, Hawley, Mikulin, Angelino
 
MLTSPNSR
 
Amd §70.00, Pen L
 
Provides that a person convicted of murder in the first or second degree, or aggravated murder, in the death of a child who is less than thirteen years old shall be sentenced to life imprisonment without parole.
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A04041 Actions:

BILL NOA04041
 
02/09/2023referred to codes
05/23/2023held for consideration in codes
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A04041 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4041
 
SPONSOR: Maher
  TITLE OF BILL: An act to amend the penal law, in relation to a required sentence of life imprisonment without parole for the murder of a child   PURPOSE OR GENERAL IDEA OF BILL: Require a life sentence without parole for the murder of a child under thirteen years old   SUMMARY OF PROVISIONS: Section 1 - Amends subdivision 3 of section 70 of the penal law, as amended by chapter 107 of the laws of 2006 toĽ require a sentence of life in prison for anyone who commits a first or second-degree murder of a child under thirteen years old Section 2 - Amends subdivision 5 of section 70 of the penal law, as amended by section 40-a of part WWW of chapter 59 of the laws of 2017 to make the necessary conforming changes Section 3 - Effective Date - Immediately   JUSTIFICATION: Twelve-year-old Danny Meyer rushed from his house on a sunny morning in the Village of' Maybrook in 1996 to head to a little league baseball game. He would never return home. As he cut through the woods to get to the little league field, he was brutally murdered by 22-year-old Juan Peinado. Recently this brutal killer came up for parole for the first time. The Town of Montgomery and surrounding communities rallied against his release and delivered thousands of signatures on a petition opposing parole. Thankfully, parole was denied. Still, this was only the first of many times this wound will be reopened, as Peinado will be up for parole again in the future. This bill seeks to ensure that moving forward no family or community has to relive the pain of a brutal murder each and every time the killer comes up for parole. Those adults who wantonly murder children should never see the light of day again. This bill ensures that adults who commit crimes such as this one never receive parole.   PRIOR LEGISLATIVE HISTORY: New Bill   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None   EFFECTIVE DATE: Immediately
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A04041 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4041
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 9, 2023
                                       ___________
 
        Introduced  by M. of A. MAHER -- read once and referred to the Committee
          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  thirteen
    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  thirteen 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.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06577-01-3

        A. 4041                             2
 
     1    §  2.  Subdivision  5 of section 70.00 of the penal law, as amended by
     2  section 40-a of part WWW of chapter 59 of the laws of 2017,  is  amended
     3  to read as follows:
     4    5.   Life  imprisonment  without  parole.  Notwithstanding  any  other
     5  provision of law, a defendant sentenced  to  life  imprisonment  without
     6  parole  shall  not  be  or  become  eligible  for  parole or conditional
     7  release. For purposes of commitment and custody, other than  parole  and
     8  conditional  release,  such sentence shall be deemed to be an indetermi-
     9  nate sentence. [A] Except as otherwise provided in this  subdivision,  a
    10  defendant  may  be  sentenced  to  life imprisonment without parole upon
    11  conviction for the crime of murder in the first  degree  as  defined  in
    12  section  125.27  of  this  chapter and in accordance with the procedures
    13  provided by law for imposing a sentence for such crime. A defendant  who
    14  was  eighteen years of age or older at the time of the commission of the
    15  crime must  be  sentenced  to  life  imprisonment  without  parole  upon
    16  conviction  for  the  crime of terrorism as defined in section 490.25 of
    17  this chapter, where the specified offense the defendant committed  is  a
    18  class  A-I felony; the crime of criminal possession of a chemical weapon
    19  or biological weapon in the first degree as defined in section 490.45 of
    20  this chapter; or the crime of criminal  use  of  a  chemical  weapon  or
    21  biological  weapon  in  the first degree as defined in section 490.55 of
    22  this chapter; provided, however, that nothing in this subdivision  shall
    23  preclude  or  prevent  a  sentence  of  death when the defendant is also
    24  convicted of the crime of murder in  the  first  degree  as  defined  in
    25  section  125.27  of this chapter. A defendant who was seventeen years of
    26  age or younger at the time  of  the  commission  of  the  crime  may  be
    27  sentenced,  in  accordance  with  law,  to  the applicable indeterminate
    28  sentence with a maximum term of life imprisonment. A defendant  must  be
    29  sentenced  to  life  imprisonment without parole upon conviction for the
    30  crime of murder in the second degree as defined in [subdivision five of]
    31  section 125.25 of this chapter, aggravated murder as defined in  section
    32  125.26  of  this  chapter,  or  murder in the first degree as defined in
    33  section 125.27 of this chapter, where the victim was less than  thirteen
    34  years  old, or for the crime of aggravated murder as defined in subdivi-
    35  sion one of  section  125.26  of  this  chapter.  [A  defendant  may  be
    36  sentenced  to  life  imprisonment without parole upon conviction for the
    37  crime of aggravated murder as defined  in  subdivision  two  of  section
    38  125.26 of this chapter.]
    39    § 3. This act shall take effect immediately.
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