S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4989
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 6, 2017
                                ___________
 
 Introduced by M. of A. WEPRIN -- read once and referred to the Committee
   on Codes
 
 AN  ACT  to amend the penal law, in relation to making life imprisonment
   without parole mandatory for defendants convicted  of  murder  in  the
   first degree and the victim is a police officer

   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:
 § 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, EXCEPT AS
 PROVIDED IN SUBDIVISION FIVE OF SECTION 70.00 OF THIS TITLE, 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 specified offense the  defendant  committed  is  a
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07300-01-7

 A. 4989                             2
 
 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 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 imprison-
 ment 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  subdivisions  one
 through three of section 70.00 of this title.
   §  2.  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
 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 FIRST DEGREE AS DEFINED IN SUBPARAGRAPH  (I)  OF  PARAGRAPH  (A)  OF
 SUBDIVISION  ONE  OF 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 subdivision one of section 125.26 of this chapter. A defend-
 ant 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.
   § 3. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.