Senate Bill S5308

2013-2014 Legislative Session

Provides that sentence for terrorism or certain provisions of murder in the first degree shall be life imprisonment without parole

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Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to codes
May 16, 2013	referred to codes

2013-S5308 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§60.06, 70.00 & 490.25, Pen L; amd §400.27, CP L

2013-S5308 (ACTIVE) - Summary

Provides that sentence for terrorism or certain provisions of murder in the first degree shall be life imprisonment without parole; elevates crime of terrorism to be a class A-I felony.

2013-S5308 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5308

TITLE OF BILL:  An act to amend the penal law and the criminal
procedure law, in relation to sentencing for the commission of a crime
of terrorism and certain provisions of murder in the first degree

PURPOSE: To provide that sentence for terrorism or certain provisions
of murder in the first degree shall be life imprisonment without
parole.

SUMMARY OF PROVISIONS: Section 1. Section 60.06 of the penal law, as
amended by chapter 482 of the laws of 2009 is amended to include
murder in the first degree.

Section 2. Subparagraph (i) of paragraph (a) of subdivision 3 of
section 70.00 of the penal law, as amended by chapter 107 of the laws
of 2006, is amended to include a sentence, other than the sentence of
death imposed upon a defendant convicted of murder in the first
degree, or convicted of a crime of terrorism, and/or criminal
possession of a chemical or biological weapon.

Section 3. Subdivision 5 of section 70.00 of the penal law, as amended
by chapter 482 of the laws of 2009 is amended to include the crime of
murder in the first degree.

Section 4. Section 490.25 of the penal law, as added by chapter 300 of

the laws of 2001, is amended to make a crime of terrorism a class A-I
felony.

Section 5. Subdivisions 1 and 10 of section 400.27 of the criminal
procedure law, as added by chapter 1 of the laws of 1995, are amended
to require a jury to be unanimous with respect to the sentence
imposed. In the event the jury fails to reach unanimous agreement with
respect to the sentence, the court will sentence the defendant to a
term of life imprisonment without parole.

Section 6 is the effective date

JUSTIFICATION: Following the death of an MIT police officer in
relation to the Boston Marathon bombing, this bill calls for the
reinstatement of the death penalty for terrorists and in those cases
involving the intentional murder of a police officer, peace officer or
an employee of the Department of Correctional Services.  Massachusetts
Institute of Technology Patrol Officer Sean Collier was killed in a
shootout with the Boston Marathon bombers. New York State is terror
target number one, and we need our Governor to make the death penalty
for cop killers and terrorists a top priority. The death penalty is a
fitting deterrent that will act as protection for those men and women
who leave their loving families daily and put their lives at risk
every day to protect the rest us. Since a 2004 New York Court of
Appeals ruling established that the procedure for imposing the death
penalty was flawed, prosecutors have been unable to seek the death
penalty when a law enforcement officer is murdered while performing
his or her duties.

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.

2013-S5308 (ACTIVE) - Bill Text download pdf

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

                                  5308

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

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

AN ACT to amend the  penal  law  and  the  criminal  procedure  law,  in
  relation  to sentencing for the commission of a crime of terrorism and
  certain provisions of murder in the first degree

  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, 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  accord-
ance  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, OR OF THE CRIME OF
MURDER IN THE FIRST DEGREE AS DEFINED IN SUBPARAGRAPH (I), (II),  (II-A)
OR  (III)  OF PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION 125.27 OF THIS
CHAPTER AND THE SENTENCE  OF  DEATH  IS  NOT  IMPOSED  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10556-01-3

S. 5308                             2

is convicted of the crime of terrorism as defined in section  490.25  of
this  chapter[,  and  the specified 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 section 490.45  of  this  chapter,  or
[when a defendant is convicted] of the crime of criminal use of a chemi-
cal  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 subdivision two of section 125.26 of this chapter,
the court shall sentence the  defendant  to  life  imprisonment  without
parole  or to a term of imprisonment for a class A-I felony other than a
sentence of life imprisonment without parole, in accordance with  subdi-
visions one through three of section 70.00 of this title.
  S  2.  Subparagraph  (i)  of paragraph (a) of subdivision 3 of section
70.00 of the penal law, as amended by chapter 107 of the laws  of  2006,
is amended to read as follows:
  (i) For a class A-I felony, such minimum period shall not be less than
fifteen  years  nor more than twenty-five years; provided, however, that
(A) where a sentence, other than a sentence of death or  life  imprison-
ment  without parole, is imposed upon a defendant convicted of murder in
the first degree as defined in  SUBPARAGRAPH  (IV),  (V),  (VI),  (VII),
(VIII), (IX), (X), (XI), (XII) OR (XIII) OF PARAGRAPH (A) OF SUBDIVISION
ONE  OF  section 125.27 of this chapter such minimum period shall be not
less than twenty years nor more than twenty-five years, and, (B) where a
sentence is imposed upon a defendant convicted of murder in  the  second
degree  as defined in subdivision five of section 125.25 of this chapter
or convicted of aggravated murder as defined in section 125.26  of  this
chapter, OR WHERE A SENTENCE, OTHER THAN A SENTENCE OF DEATH, IS IMPOSED
UPON  A  DEFENDANT CONVICTED OF MURDER IN THE FIRST DEGREE AS DEFINED IN
SUBPARAGRAPH (I), (II), (II-A) OR (III) OF PARAGRAPH (A) OF  SUBDIVISION
ONE  OF  SECTION  125.27  OF  THIS CHAPTER, OR CONVICTED OF THE CRIME OF
TERRORISM AS DEFINED IN SECTION 490.25 OF THIS  CHAPTER,  THE  CRIME  OF
CRIMINAL  POSSESSION  OF  A  CHEMICAL  OR BIOLOGICAL WEAPON IN THE FIRST
DEGREE AS DEFINED IN SECTION 490.45 OF THIS  CHAPTER  OR  THE  CRIME  OF
CRIMINAL  USE  OF A CHEMICAL OR BIOLOGICAL WEAPON IN THE FIRST DEGREE AS
DEFINED IN SECTION 490.55 OF THIS CHAPTER, the sentence  shall  be  life
imprisonment without parole, and, (C) where a sentence is imposed upon a
defendant  convicted  of attempted murder in the first degree as defined
in article one hundred ten of this chapter and subparagraph  (i),  (ii),
(II-A) or (iii) of paragraph (a) of subdivision one and paragraph (b) of
subdivision  one  of  section 125.27 of this chapter or attempted aggra-
vated murder as defined in article one hundred ten of this  chapter  and
section  125.26  of  this  chapter such minimum period shall be not less
than twenty years nor more than forty years.
  S 3. Subdivision 5 of section 70.00 of the penal law,  as  amended  by
chapter 482 of the laws of 2009, is amended to read as follows:
  5.   Life  imprisonment  without  parole.  Notwithstanding  any  other
provision of law, a defendant sentenced  to  life  imprisonment  without
parole  shall  not  be  or  become  eligible  for  parole or conditional
release. For purposes of commitment and custody, other than  parole  and
conditional  release,  such sentence shall be deemed to be an indetermi-

S. 5308                             3

nate sentence.  A defendant may be sentenced to life imprisonment  with-
out  parole  upon conviction for the crime of murder in the first degree
as defined in section 125.27 of this chapter and in accordance with  the
procedures  provided  by  law  for imposing a sentence for such crime. A
defendant must be sentenced to life  imprisonment  without  parole  upon
conviction  for  the  crime of terrorism as defined in section 490.25 of
this chapter[, where the specified offense the defendant committed is  a
class A-I felony]; the crime of criminal possession of a chemical weapon
or biological weapon in the first degree as defined in section 490.45 of
this  chapter;  or  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; provided, however, that nothing in this subdivision shall
preclude or prevent a sentence of  death  when  the  defendant  is  also
convicted  of  the  crime  of  murder  in the first degree as defined in
section 125.27 of this chapter.  A defendant must be sentenced  to  life
imprisonment  without  parole upon conviction for the crime of murder in
the second degree as defined in subdivision five of  section  125.25  of
this  chapter or for the crime of aggravated murder as defined in subdi-
vision one of section  125.26  of  this  chapter.  A  defendant  may  be
sentenced  to  life  imprisonment without parole upon conviction for the
crime of aggravated murder as defined  in  subdivision  two  of  section
125.26 of this chapter OR FOR THE CRIME OF MURDER IN THE FIRST DEGREE AS
DEFINED  IN  SUBPARAGRAPH (I), (II), (II-A) OR (III) OF PARAGRAPH (A) OF
SUBDIVISION ONE OF SECTION 125.27 OF THIS CHAPTER AND  THE  SENTENCE  OF
DEATH IS NOT IMPOSED.
  S  4.  Section 490.25 of the penal law, as added by chapter 300 of the
laws of 2001, is amended to read as follows:
S 490.25 Crime of terrorism.
  [1.] A person is guilty of a crime of terrorism when, with  intent  to
intimidate  or  coerce  a civilian population, influence the policy of a
unit of government by intimidation or coercion, or affect the conduct of
a unit of government by murder, assassination or kidnapping, he  or  she
commits a specified offense.
  [2. Sentencing.
  (a)  When  a  person  is convicted of a crime of terrorism pursuant to
this section, and the specified offense is a class B, C, D or  E  felony
offense,  the  crime  of  terrorism  shall  be  deemed  a violent felony
offense.
  (b) When a person is convicted of a crime  of  terrorism  pursuant  to
this  section,  and  the  specified  offense is a class C, D or E felony
offense, the crime of terrorism shall be deemed to be one category high-
er than the specified offense the defendant committed, or  one  category
higher  than  the offense level applicable to the defendant's conviction
for an attempt or conspiracy to commit the offense, whichever is  appli-
cable.
  (c)  When  a  person  is convicted of a crime of terrorism pursuant to
this section, and the specified offense is a class B felony offense, the
crime of terrorism shall be deemed a class A-I felony  offense  and  the
sentence  imposed upon conviction of such offense shall be in accordance
with section 70.00 of this chapter.
  (d) Notwithstanding any other provision  of  law,  when  a  person  is
convicted  of  a  crime  of  terrorism pursuant to this section, and the
specified offense is a class  A-I  felony  offense,  the  sentence  upon
conviction  of  such  offense shall be life imprisonment without parole;
provided, however, that nothing  herein  shall  preclude  or  prevent  a

S. 5308                             4

sentence  of  death  when  the  specified offense is murder in the first
degree as defined in section 125.27 of this chapter.]
  CRIME OF TERRORISM IS A CLASS A-I FELONY.
  S 5. Subdivisions 1 and 10 of section 400.27 of the criminal procedure
law,  as  added by chapter 1 of the laws of 1995, are amended to read as
follows:
  1. Upon [the] conviction of a defendant for the offense of  murder  in
the  first  degree as defined by SUBPARAGRAPH (I), (II), (II-A) OR (III)
OF PARAGRAPH (A) OF SUBDIVISION ONE OF section 125.27 of the penal  law,
the  court  shall  promptly  conduct a separate sentencing proceeding to
determine whether the defendant shall be sentenced to death or  to  life
imprisonment  without  parole  pursuant  to  subdivision five of section
70.00 of the penal law. Nothing in  this  section  shall  be  deemed  to
preclude  the people at any time from determining that the death penalty
shall not be sought in a particular case, in  which  case  the  separate
sentencing  proceeding shall not be conducted and the court may sentence
such defendant to life imprisonment without parole [or to a sentence  of
imprisonment  for  the  class  A-I  felony of murder in the first degree
other than a sentence of life imprisonment without parole].
  10. (A) At the conclusion of all the  evidence,  the  people  and  the
defendant  may present argument in summation for or against the sentence
sought by the people. The people may deliver the first summation and the
defendant may then deliver the last  summation.  Thereafter,  the  court
shall  deliver  a  charge  to the jury on any matters appropriate in the
circumstances. In its charge, the court must instruct the jury that with
respect to each count of murder in  the  first  degree,  AS  DEFINED  IN
SUBPARAGRAPH  (I), (II), (II-A) OR (III) OF PARAGRAPH (A) OF SUBDIVISION
ONE OF SECTION 125.27 OF THE PENAL LAW, the jury should consider whether
or not a sentence of death should  be  imposed  and  whether  or  not  a
sentence  of  life  imprisonment  without parole should be imposed[, and
that the jury must be unanimous with respect  to  either  sentence.  The
court  must  also  instruct the jury that in the event the jury fails to
reach unanimous agreement with respect to the sentence, the  court  will
sentence  the defendant to a term of imprisonment with a minimum term of
between twenty and twenty-five years and a maximum term of life. Follow-
ing the court's charge, the jury shall retire to consider  the  sentence
to  be imposed. Unless inconsistent with the provisions of this section,
the provisions of sections 310.10, 310.20 and 310.30  shall  govern  the
deliberations of the jury].
  (B)  THE  COURT MUST INSTRUCT THE JURY THAT THE JURY MUST BE UNANIMOUS
WITH RESPECT TO THE SENTENCE TO BE IMPOSED. THE COURT MUST ALSO INSTRUCT
THE JURY THAT IN THE EVENT THE JURY FAILS TO REACH  UNANIMOUS  AGREEMENT
WITH RESPECT TO THE SENTENCE, THE COURT WILL SENTENCE THE DEFENDANT TO A
TERM OF LIFE IMPRISONMENT WITHOUT PAROLE.
  (C)  FOLLOWING  THE  COURT'S CHARGE, THE JURY SHALL RETIRE TO CONSIDER
THE SENTENCE TO BE IMPOSED. UNLESS INCONSISTENT WITH THE  PROVISIONS  OF
THIS  SECTION,  THE  PROVISIONS OF SECTIONS 310.10, 310.20 AND 310.30 OF
THIS PART SHALL GOVERN THE DELIBERATIONS OF THE JURY.
  S 6. This act  shall  take  effect  immediately  and  shall  apply  to
offenses committed on or after such effective date.

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Senate Bill S5308

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

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2013-S5308 (ACTIVE) - Details

2013-S5308 (ACTIVE) - Summary

2013-S5308 (ACTIVE) - Sponsor Memo

2013-S5308 (ACTIVE) - Bill Text download pdf

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Sponsored By

Greg Ball

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

2013-S5308 (ACTIVE) - Details

2013-S5308 (ACTIVE) - Summary

2013-S5308 (ACTIVE) - Sponsor Memo

2013-S5308 (ACTIVE) - Bill Text download pdf

Comments