Senate Bill S4956

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4956
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               March 3, 2017
                                ___________
 
 Introduced  by  Sen.  DIAZ  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the penal law, in relation to the  crime  of  aggravated
   murder involving certain business owners and their employees
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (b) of subdivision 2 and the opening paragraph of
 subdivision 3 of section 125.26 of  the  penal  law,  paragraph  (b)  of
 subdivision  2  as  added  and the opening paragraph of subdivision 3 as
 amended by chapter 482 of the laws of 2009, are amended,  subdivision  3
 is  renumbered subdivision 4 and a new subdivision 3 is added to read as
 follows:
   (b) The defendant was more than eighteen years old at the time of  the
 commission of the crime[.]; OR
   3.  WITH  INTENT  TO  CAUSE THE DEATH OF THE OWNER OF A GROCERY STORE,
 BODEGA, TAXI CAB OR LIVERY CAB, OR HIS OR HER EMPLOYEES, INCLUDING DRIV-
 ERS, WHILE SUCH PERSON IS ACTING IN THE NORMAL  COURSE  OF  HIS  OR  HER
 EMPLOYMENT, HE OR SHE CAUSES THE DEATH OF SUCH PERSON.
   In  any  prosecution  under subdivision one [or], two OR THREE of this
 section, it is an affirmative defense that:
   § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07337-01-7

 S. 4956                             2
 
 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 OR THREE of
 section 125.26 of this chapter.
   § 3. 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 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
 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 OR THREE 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

 S. 4956                             3

 sentence of life imprisonment without parole, in accordance with  subdi-
 visions one through three of section 70.00 of this title.
   § 4. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.