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
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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
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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
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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.
