senate Bill S7771

Makes certain crimes of murder in the second degree and aggravated murder punishable by death

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 18 / Jun / 2012
    • REFERRED TO RULES

Summary

Makes certain crimes of murder in the second degree and aggravated murder punishable by death.

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Bill Details

Versions:
S7771
Legislative Cycle:
2011-2012
Current Committee:
Senate Rules
Law Section:
Penal Law
Laws Affected:
Amd ยง60.06, Pen L

Sponsor Memo

BILL NUMBER:S7771

TITLE OF BILL:
An act
to amend the penal law, in relation to making certain crimes of murder
in the second degree and aggravated murder punishable by death

PURPOSE:
Makes certain crimes of murder in the second degree and
aggravated murder punishable by death.

SUMMARY OF PROVISIONS:
Section 1 amends section 60.06 of the penal law to add murder in the
second degree and aggravated murder to the crimes punishable by death
or life imprisonment without parole.

JUSTIFICATION:
There are crimes and criminals that deserve a harsher
punishment than life in prison without the possibility of parole.
Certain crimes are so heinous that they need to be treated
differently under the law. Some criminals, such as those who murder
police officers, are too dangerous to be housed among other inmates
and guards, or released into our society. This leaves only the option
of the death penalty, which this bill will prescribe for certain
crimes that fit the above definition.

LEGISLATIVE HISTORY:
New legislation.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect
immediately and shall apply
to offenses committed on or after such effective date.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7771

                            I N  S E N A T E

                              June 18, 2012
                               ___________

Introduced  by Sen. STOROBIN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the penal law, in relation to making certain  crimes  of
  murder in the second degree and aggravated murder punishable by death

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 60.06 of the penal law, as amended by  chapter  482
of the laws of 2009, is amended to read as follows:
S 60.06 Authorized  disposition;  murder  in the first degree offenders;
          aggravated murder offenders;  certain  murder  in  the  second
          degree   offenders;   certain  terrorism  offenders;  criminal
          possession of a chemical weapon or  biological  weapon  offen-
          ders;  criminal  use of a chemical weapon or biological weapon
          offenders.
  When a defendant is convicted of murder in the first degree as defined
in section 125.27 of this  chapter,  MURDER  IN  THE  SECOND  DEGREE  AS
DEFINED  IN SUBDIVISION FIVE OF SECTION 125.25 OF THIS CHAPTER OR AGGRA-
VATED MURDER AS DEFINED IN SUBDIVISION TWO OF  SECTION  125.26  OF  THIS
CHAPTER,  the  court shall, in accordance with the provisions of section
400.27 of the criminal procedure law, sentence the defendant  to  death,
to  life imprisonment without parole in accordance with subdivision five
of section 70.00 of this title, or to a term of imprisonment for a class
A-I felony other than a sentence of life imprisonment without parole, in
accordance with subdivisions one through three of section 70.00 of  this
title.  When  a  person  is convicted of [murder in the second degree as
defined in subdivision five of section 125.25 of this chapter or of] the
crime of aggravated murder as defined  in  subdivision  one  of  section
125.26  of  this chapter, the court shall sentence the defendant to life
imprisonment without parole  in  accordance  with  subdivision  five  of
section  70.00 of this title. When a defendant is convicted of the crime
of terrorism as defined in section 490.25 of this chapter, and the spec-
ified offense the defendant committed is a class A-I felony offense,  or
when  a  defendant is convicted of the crime of criminal possession of a
chemical weapon or biological weapon in the first degree as  defined  in

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16334-01-2

S. 7771                             2

section  490.45 of this chapter, or when a defendant is convicted of the
crime of criminal use of a chemical weapon or biological weapon  in  the
first  degree  as  defined  in section 490.55 of this chapter, the court
shall  sentence  the  defendant  to  life imprisonment without parole in
accordance with  subdivision  five  of  section  70.00  of  this  title;
provided,  however,  that  nothing  in  this  section  shall preclude or
prevent a sentence of death when the  defendant  is  also  convicted  of
murder in the first degree as defined in section 125.27 of this chapter.
[When a defendant is convicted of aggravated murder as defined in subdi-
vision  two  of section 125.26 of this chapter, the court shall sentence
the defendant to life imprisonment without parole or to a term of impri-
sonment for a class A-I felony other than a sentence of  life  imprison-
ment  without  parole, in accordance with subdivisions one through three
of section 70.00 of this title.]
  S 2. This act  shall  take  effect  immediately  and  shall  apply  to
offenses committed on or after such effective date.

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