Brown 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.
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 to• 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
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.
