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A06822 Summary:

BILL NOA06822
 
SAME ASSAME AS S01995
 
SPONSORWoerner
 
COSPNSRJones, Buttenschon
 
MLTSPNSR
 
Amd 60.06, 70.00 & 490.25, Pen L; amd 220.10 & 220.30, rpld 270.55 & 400.27, CP L
 
Provides that the sentence for murder in the first degree shall be life imprisonment without parole.
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A06822 Actions:

BILL NOA06822
 
03/20/2019referred to codes
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A06822 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6822
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 20, 2019
                                       ___________
 
        Introduced  by M. of A. WOERNER -- read once and referred to the Commit-
          tee 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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05891-01-9

        A. 6822                             2
 
     1  a defendant is convicted of the crime of terrorism as defined in section
     2  490.25 of this chapter, and the specified offense the defendant  commit-
     3  ted  is  a class A-I felony offense, or when a defendant is convicted of
     4  the  crime  of  criminal  possession  of a chemical weapon or biological
     5  weapon in the first degree as defined in section 490.45 of this chapter,
     6  or when a defendant is convicted of the crime of criminal use of a chem-
     7  ical weapon or biological weapon in  the  first  degree  as  defined  in
     8  section  490.55  of this chapter, the court shall sentence the defendant
     9  to life imprisonment without parole in accordance with subdivision  five
    10  of section 70.00 of this title[; provided, however, that nothing in this
    11  section shall preclude or prevent a sentence of death when the defendant
    12  is  also  convicted  of murder in the first degree as defined in section
    13  125.27 of this chapter]. When a defendant  is  convicted  of  aggravated
    14  murder  as defined in subdivision two of section 125.26 of this chapter,
    15  the court shall sentence the  defendant  to  life  imprisonment  without
    16  parole  or to a term of imprisonment for a class A-I felony other than a
    17  sentence of life imprisonment without parole, in accordance with  subdi-
    18  visions one through three of section 70.00 of this title.
    19    §  2.  Subparagraph  (i)  of paragraph (a) of subdivision 3 of section
    20  70.00 of the penal law, as amended by chapter 107 of the laws  of  2006,
    21  is amended to read as follows:
    22    (i) For a class A-I felony, such minimum period shall not be less than
    23  fifteen  years  nor more than twenty-five years; provided, however, that
    24  (A) where a sentence[, other than a sentence of death or life  imprison-
    25  ment without parole,] is imposed upon a defendant convicted of murder in
    26  the  first  degree  as  defined  in section 125.27 of this chapter [such
    27  minimum period shall be not less than twenty years nor more  than  twen-
    28  ty-five  years],  the  sentence  shall  be life without parole, and, (B)
    29  where a sentence is imposed upon a defendant convicted of murder in  the
    30  second  degree  as defined in subdivision five of section 125.25 of this
    31  chapter or convicted of aggravated murder as defined in  section  125.26
    32  of this chapter, the sentence shall be life imprisonment without parole,
    33  and,  (C)  where  a  sentence  is  imposed upon a defendant convicted of
    34  attempted murder in the first degree as defined in article  one  hundred
    35  ten of this chapter and subparagraph (i), (ii) or (iii) of paragraph (a)
    36  of  subdivision  one  and  paragraph  (b)  of subdivision one of section
    37  125.27 of this chapter or attempted  aggravated  murder  as  defined  in
    38  article one hundred ten of this chapter and section 125.26 of this chap-
    39  ter  such  minimum  period  shall be not less than twenty years nor more
    40  than forty years.
    41    § 3. Subdivision 5 of section 70.00 of the penal law,  as  amended  by
    42  chapter 482 of the laws of 2009, is amended to read as follows:
    43    5.   Life  imprisonment  without  parole.  Notwithstanding  any  other
    44  provision of law, a defendant sentenced  to  life  imprisonment  without
    45  parole  shall  not  be  or  become  eligible  for  parole or conditional
    46  release. For purposes of commitment and custody, other than  parole  and
    47  conditional  release,  such sentence shall be deemed to be an indetermi-
    48  nate sentence. A defendant [may] shall be sentenced to life imprisonment
    49  without parole upon conviction for the crime  of  murder  in  the  first
    50  degree  as  defined  in section 125.27 of this chapter and in accordance
    51  with the procedures provided by law for imposing  a  sentence  for  such
    52  crime. A defendant must be sentenced to life imprisonment without parole
    53  upon  conviction for the crime of terrorism as defined in section 490.25
    54  of this chapter, where the specified offense the defendant committed  is
    55  a class A-I felony; the crime of criminal possession of a chemical weap-
    56  on or biological weapon in the first degree as defined in section 490.45

        A. 6822                             3
 
     1  of  this  chapter;  or the crime of criminal use of a chemical weapon or
     2  biological weapon in the first degree as defined in  section  490.55  of
     3  this chapter[; provided, however, that nothing in this subdivision shall
     4  preclude  or  prevent  a  sentence  of  death when the defendant is also
     5  convicted of the crime of murder in  the  first  degree  as  defined  in
     6  section  125.27  of this chapter]. A defendant must be sentenced to life
     7  imprisonment without parole upon conviction for the crime of  murder  in
     8  the  second  degree  as defined in subdivision five of section 125.25 of
     9  this chapter or for the crime of aggravated murder as defined in  subdi-
    10  vision  one  of  section  125.26  of  this chapter.   A defendant may be
    11  sentenced to life imprisonment without parole upon  conviction  for  the
    12  crime  of  aggravated  murder  as  defined in subdivision two of section
    13  125.26 of this chapter.
    14    § 4. Subdivision 5 of section 70.00 of the penal law,  as  amended  by
    15  section  40-a  of part WWW of chapter 59 of the laws of 2017, is amended
    16  to read as follows:
    17    5.  Life  imprisonment  without  parole.  Notwithstanding  any   other
    18  provision  of  law,  a  defendant sentenced to life imprisonment without
    19  parole shall not  be  or  become  eligible  for  parole  or  conditional
    20  release.  For  purposes of commitment and custody, other than parole and
    21  conditional release, such sentence shall be deemed to be  an  indetermi-
    22  nate sentence. A defendant [may] shall be sentenced to life imprisonment
    23  without  parole  upon  conviction  for  the crime of murder in the first
    24  degree as defined in section 125.27 of this chapter  and  in  accordance
    25  with  the  procedures  provided  by law for imposing a sentence for such
    26  crime. A defendant who was eighteen years of age or older at the time of
    27  the commission of the crime must be sentenced to life imprisonment with-
    28  out parole upon conviction for the crime  of  terrorism  as  defined  in
    29  section  490.25 of this chapter, where the specified offense the defend-
    30  ant committed is a class A-I felony; the crime of criminal possession of
    31  a chemical weapon or biological weapon in the first degree as defined in
    32  section 490.45 of this chapter; or the crime of criminal use of a chemi-
    33  cal weapon or biological weapon  in  the  first  degree  as  defined  in
    34  section 490.55 of this chapter[; provided, however, that nothing in this
    35  subdivision  shall  preclude  or  prevent  a  sentence of death when the
    36  defendant is also convicted of the crime of murder in the  first  degree
    37  as  defined  in  section  125.27  of  this chapter]. A defendant who was
    38  seventeen years of age or younger at the time of the commission  of  the
    39  crime  may be sentenced, in accordance with law, to the applicable inde-
    40  terminate sentence with a maximum term of life imprisonment. A defendant
    41  must be sentenced to life imprisonment without  parole  upon  conviction
    42  for  the  crime of murder in the second degree as defined in subdivision
    43  five of section 125.25 of this chapter or for the  crime  of  aggravated
    44  murder  as defined in subdivision one of section 125.26 of this chapter.
    45  A defendant may be sentenced to life imprisonment  without  parole  upon
    46  conviction  for the crime of aggravated murder as defined in subdivision
    47  two of section 125.26 of this chapter.
    48    § 5. Paragraph (d) of subdivision 2 of section  490.25  of  the  penal
    49  law,  as added by chapter 300 of the laws of 2001, is amended to read as
    50  follows:
    51    (d) Notwithstanding any other provision  of  law,  when  a  person  is
    52  convicted  of  a  crime  of  terrorism pursuant to this section, and the
    53  specified offense is a class  A-I  felony  offense,  the  sentence  upon
    54  conviction  of  such offense shall be life imprisonment without parole[;
    55  provided, however, that nothing  herein  shall  preclude  or  prevent  a

        A. 6822                             4

     1  sentence  of  death  when  the  specified offense is murder in the first
     2  degree as defined in section 125.27 of this chapter].
     3    §  6. Paragraph (e) of subdivision 5 of section 220.10 of the criminal
     4  procedure law, as amended by chapter 1 of the laws of 1995,  is  amended
     5  to read as follows:
     6    (e)  A defendant may not enter a plea of guilty to the crime of murder
     7  in the first degree as defined in  section  125.27  of  the  penal  law;
     8  provided,  however, that a defendant may enter such a plea with both the
     9  permission of the court and the consent of the people  when  the  agreed
    10  upon sentence is [either] life imprisonment without parole [or a term of
    11  imprisonment  for  the  class  A-I  felony of murder in the first degree
    12  other than a sentence of life imprisonment without parole].
    13    § 7. Subparagraph (vii) of paragraph (b) of subdivision 3  of  section
    14  220.30  of  the  criminal  procedure law, as amended by chapter 1 of the
    15  laws of 1995, is amended to read as follows:
    16    (vii) A defendant may not enter a plea  of  guilty  to  the  crime  of
    17  murder  in  the  first  degree as defined in section 125.27 of the penal
    18  law; provided, however, that a defendant may enter such a plea with both
    19  the permission of the court and the  consent  of  the  people  when  the
    20  agreed  upon sentence is [either] life imprisonment without parole [or a
    21  term of imprisonment for the class A-I felony of  murder  in  the  first
    22  degree other than a sentence of life imprisonment without parole].
    23    § 8. Section 270.55 of the criminal procedure law is REPEALED.
    24    § 9. Section 400.27 of the criminal procedure law is REPEALED.
    25    §  10.  This  act  shall  take  effect  immediately and shall apply to
    26  offenses committed on or  after  such  effective  date;  provided,  that
    27  section  four  of this act shall take effect on the same date and in the
    28  same manner as section 40-a of part WWW of chapter 59  of  the  laws  of
    29  2017, takes effect.
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