NY State Senate Bill 2017-S7976

Senate Bill S7976

2017-2018 Legislative Session

Requires a sentence of life imprisonment without parole for murder in the first degree involving the killing of a first responder

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Archive: Last Bill Status - In Assembly 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 01, 2018	referred to codes delivered to assembly passed senate
Apr 30, 2018	ordered to third reading cal.880 committee discharged and committed to rules
Mar 15, 2018	referred to codes

Votes

- May 1, 2018 - Floor Vote
  S7976
  
  51
  
  Aye
  
  12
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 1, 2018
      
      aye (51)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Marchione
      
      Mayer
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Savino
      
      Serino
      
      Seward
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      nay (12)
      
      Bailey
      
      Comrie
      
      Gianaris
      
      Hoylman-Sigal
      
      Kavanagh
      
      Krueger
      
      Montgomery
      
      Parker
      
      Rivera
      
      Sanders Jr.
      
      Sepúlveda
      
      Serrano
  Apr 30, 2018 - Rules Committee Vote
  S7976
  
  19
  
  Aye
  
  3
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Apr 30, 2018
      
      aye (19)
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Flanagan
      
      Griffo
      
      Hannon
      
      Kennedy
      
      Klein
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Ranzenhofer
      
      Robach
      
      Savino
      
      Seward
      
      Stewart-Cousins
      
      Valesky
      
      nay (3)
      
      Montgomery
      
      Parker
      
      Rivera
      
      aye wr (3)
      
      Dilan
      
      Gianaris
      
      Krueger

co-Sponsors

2017-S7976 (ACTIVE) - Details

Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Amd §§60.06 & 70.00, Pen L

2017-S7976 (ACTIVE) - Summary

Requires a sentence of life imprisonment without parole for murder in the first degree involving the killing of a first responder.

2017-S7976 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7976

SPONSOR: MURPHY
 
TITLE OF BILL:  An act to amend the penal law, in relation to sentenc-
ing for conviction of certain provisions of murder in the first degree

 
PURPOSE:

Requires a sentence of life imprisonment without parole for murder in
the first degree involving the killing of a first responder

 
SUMMARY OF PROVISIONS:

Section one amends Section 60.06 of the Penal law, as amended by chapter
482 of the laws of 2009 to include murder in the first degree as defined
under subparagraph (i), (ii), (ii-a), or (iii) of paragraph (a) of
subdivision one of Section 125.27 of the Penal law as an offense that
has an authorized disposition of life imprisonment without parole.

Section two amends 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 to include murder in the first degree as defined under subparagraph
(i), (ii), (ii-a), or (iii) of paragraph (a) of subdivision one of
Section 125.27 of the Penal law as an offense that carries a minimum
sentence of life imprisonment without parole.

Section three amends subdivision 5 of Section 70.00 of the penal law, as
amended by chapter 482 of the laws of 2009 to include murder in the
first degree as defined under subparagraph (i), (ii), (ii-a), or (iii)
of paragraph (a) of subdivision one of Section 125.27 of the Penal law
as an offense that carries a minimum sentence of life imprisonment with-
out parole.

Section four amends subdivision 5 of Section 70.00 of the penal law, as
amended by section 40-a of part WW of chapter 59 of the laws of 2017 to
include murder in the first degree as defined under subparagraph (i),
(ii), (ii-a), or (iii) of paragraph (a) of subdivision one of Section
125.27 of the Penal law as an offense that carries a minimum sentence of
life imprisonment without parole.

Section five establishes the effective date.

 
JUSTIFICATION:

No surviving immediate family members should ever have to relive a
nightmare by having to testify at a parole hearing when they have lost
their child, spouse or parent ever again. There should be no parole for
anyone who murders a police officer, fireman or any emergency responder.
Ever.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

Projected savings based off the cost of parole versus incarceration.

 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however that section
four of this act shall take effect on the same date and in the same
manner as section 40-a of part WW of chapter 59 of the laws of 2017,
takes effect.

2017-S7976 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7976
 
                             I N  S E N A T E
 
                              March 15, 2018
                                ___________
 
 Introduced  by  Sen.  MURPHY -- 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 sentencing for  conviction
   of 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:
 § 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] EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, 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 accordance  with  subdivi-
 sion  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  with-
 out 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 MURDER IN THE FIRST DEGREE AS DEFINED
 IN  SUBPARAGRAPH (I), (II), (II-A) OR (III) OF PARAGRAPH (A) OF SUBDIVI-
 SION ONE OF SECTION 125.27 OF THIS CHAPTER, the court shall sentence the
 defendant to life imprisonment without parole in accordance with  subdi-
 vision  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD14642-01-8

 S. 7976                             2
 
 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.  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) EXCEPT AS OTHERWISE PROVIDED IN CLAUSE  (B)  OF  THIS  SUBPARAGRAPH,
 where  a  sentence,  other than a sentence of death or life imprisonment
 without parole, is imposed upon a defendant convicted of murder  in  the
 first  degree  as defined in 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 CONVICTED OF MURDER IN THE FIRST
 DEGREE AS DEFINED IN SUBPARAGRAPH (I), (II), (II-A) OR  (III)  OF  PARA-
 GRAPH  (A)  OF  SUBDIVISION  ONE  OF SECTION 125.27 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) or (iii) of paragraph (a) of subdivision one
 and paragraph (b) of subdivision one of section 125.27 of  this  chapter
 or  attempted aggravated 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.
   §  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 without
 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;
 PROVIDED, HOWEVER, THAT, A DEFENDANT SHALL BE SENTENCED TO  LIFE  IMPRI-
 SONMENT  WITHOUT PAROLE UPON CONVICTION 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. 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

 S. 7976                             3
 
 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 subdivision 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.
   §  4.  Subdivision  5 of section 70.00 of the penal law, as amended by
 section 40-a of part WWW of chapter 59 of the laws of 2017,  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 without
 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;
 PROVIDED,  HOWEVER,  THAT, A DEFENDANT SHALL BE SENTENCED TO LIFE IMPRI-
 SONMENT WITHOUT PAROLE UPON CONVICTION 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.  A defendant who was  eighteen  years
 of  age  or  older  at  the  time of the commission of the crime 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 who was seventeen years of age or younger at the time of the
 commission of the crime may be sentenced, in accordance with law, to the
 applicable  indeterminate sentence with a maximum term of life imprison-
 ment. 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 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.
   § 5. This act shall take effect immediately;  provided,  however  that
 section  four  of this act shall take effect on the same date and in the
 same manner as section 40-a of part WWW of chapter 59  of  the  laws  of
 2017, takes effect.

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Senate Bill S7976

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Sponsored By

Terrence Murphy