senate Bill S9326

2021-2022 Legislative Session

Relates to commission of murder in the first degree; provides that sentence for commission of certain provisions of murder in the first degree is death or life without parole

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Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 17, 2022 referred to codes

Co-Sponsors

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S9326 (ACTIVE) - Details

See Assembly Version of this Bill:
A10564
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §§125.27, 60.06 & 70.00, Pen L; amd §400.27, CP L
Versions Introduced in 2023-2024 Legislative Session:
S1271

S9326 (ACTIVE) - Summary

Includes intentionally selecting a victim based on certain actual or perceived traits in the crime of murder in the first degree; provides that sentence for commission of certain provisions of murder in the first degree is death or life without parole.

S9326 (ACTIVE) - Sponsor Memo

S9326 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9326
 
                             I N  S E N A T E
 
                               May 17, 2022
                                ___________
 
 Introduced  by  Sens. ORTT, LANZA -- 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 the commission of and sentencing for 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. 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 paragraph (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  DEFENDANT INTENTIONALLY SELECTED THE VICTIM IN WHOLE OR IN
 SUBSTANTIAL PART BECAUSE OF A BELIEF OR PERCEPTION REGARDING THE  ACTUAL
 OR  PERCEIVED  RACE,  COLOR,  NATIONAL  ORIGIN, ANCESTRY, GENDER, GENDER
 IDENTITY OR EXPRESSION, RELIGION, RELIGIOUS PRACTICE,  AGE,  DISABILITY,
 OR  SEXUAL ORIENTATION OF SUCH VICTIM, REGARDLESS OF WHETHER SUCH BELIEF
 OR PERCEPTION IS CORRECT; AND
   § 2. 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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