Assembly Bill A10161

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

                                  10161

                          I N  A S S E M B L Y

                              May 13, 2016
                               ___________

Introduced by M. of A. HUNTER -- read once and referred to the Committee
  on Codes

AN ACT to amend the penal law, in relation to murder in the first degree
  where the intended victim was a child twelve years of age or younger

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

  Section 1. This act shall be known and may be cited as "Maddox's Law".
  S 2. Subparagraph (xiii) of paragraph (a) of subdivision 1 of  section
125.27 of the penal law, as added by chapter 300 of the laws of 2001, is
amended and a new subparagraph (xiv) is added to read as follows:
  (xiii) the victim was killed in furtherance of an act of terrorism, as
defined  in  paragraph  (b) of subdivision one of section 490.05 of this
chapter; [and] OR
  (XIV) THE INTENDED VICTIM WAS A CHILD TWELVE YEARS OF AGE OR  YOUNGER;
AND
  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-
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

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

                                                           LBD14742-03-6

A. 10161                            2

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 THE CRIME OF MURDER IN THE FIRST DEGREE AS
DEFINED IN SECTION 125.27 OF THIS CHAPTER WHERE THE INTENDED VICTIM  WAS
A CHILD TWELVE YEARS OF AGE OR YOUNGER.
  S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.