S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4626
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 21, 2023
                                ___________
 
 Introduced  by M. of A. MCGOWAN -- read once and referred to the Commit-
   tee on Codes
 
 AN ACT to amend the executive law and the  penal  law,  in  relation  to
   clemency
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 15 of the executive law, as added by chapter 545 of
 the laws of 1971, is amended to read as follows:
   § 15. Power of governor to grant reprieves, commutations and  pardons.
 The  governor  has  power  to grant reprieves, commutations and pardons,
 after conviction, for all offenses, except treason, MURDER, CRIMES WHERE
 THE DEFENDANT IS SENTENCED TO LIFE IMPRISONMENT WITHOUT PAROLE OR  WHERE
 THE  DEFENDANT  ACTING  EITHER  ALONE OR WITH ONE OR MORE OTHER PERSONS,
 COMMITS OR ATTEMPTS TO COMMIT ROBBERY, BURGLARY, KIDNAPPING, ARSON, RAPE
 IN THE FIRST DEGREE, CRIMINAL SEXUAL ACT IN  THE  FIRST  DEGREE,  SEXUAL
 ABUSE  IN THE FIRST DEGREE, AGGRAVATED SEXUAL ABUSE, ESCAPE IN THE FIRST
 DEGREE, OR ESCAPE IN THE SECOND DEGREE, AND, IN THE  COURSE  OF  AND  IN
 FURTHERANCE  OF  SUCH CRIME OR OF IMMEDIATE FLIGHT THEREFROM, HE OR SHE,
 OR ANOTHER PARTICIPANT, IF THERE BE ANY, INTENTIONALLY CAUSES THE  DEATH
 OF:  A  POLICE  OFFICER AS DEFINED IN SUBDIVISION THIRTY-FOUR OF SECTION
 1.20 OF THE CRIMINAL PROCEDURE LAW; A PEACE OFFICER AS DEFINED IN  PARA-
 GRAPH A OF SUBDIVISION TWENTY-ONE, SUBDIVISION TWENTY-THREE, TWENTY-FOUR
 OR  SIXTY-TWO  (EMPLOYEES  OF THE DIVISION FOR YOUTH) OF SECTION 2.10 OF
 THE CRIMINAL PROCEDURE LAW; A FIREFIGHTER; EMERGENCY MEDICAL TECHNICIAN,
 AMBULANCE DRIVER, PARAMEDIC, PHYSICIAN OR REGISTERED NURSE INVOLVED IN A
 FIRST RESPONSE TEAM, OR ANY OTHER INDIVIDUAL WHO, IN THE COURSE OF OFFI-
 CIAL DUTIES, PERFORMS EMERGENCY RESPONSE; OR  AN  EMPLOYEE  OF  A  STATE
 CORRECTIONAL  INSTITUTION  OR  WAS  AN  EMPLOYEE OF A LOCAL CORRECTIONAL
 FACILITY  AS  DEFINED  IN  SUBDIVISION  TWO  OF  SECTION  FORTY  OF  THE
 CORRECTION LAW, WHEN SUCH PERSON WAS ENGAGED IN THE COURSE OF PERFORMING
 THEIR  OFFICIAL  DUTIES, and cases of impeachment, upon such conditions,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02541-01-3
              

 A. 4626                             2
 
 and with such restrictions and limitations, as he OR SHE may think prop-
 er, subject to the regulations provided in this article.
   §  2.  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 COMMUTATION, PARDON, parole
 or conditional release. For purposes of commitment  and  custody,  other
 than parole and conditional release, such sentence shall be deemed to be
 an  indeterminate  sentence. A defendant may be sentenced to life impri-
 sonment without parole upon conviction for the crime of  murder  in  the
 first degree as defined in section 125.27 of this chapter and in accord-
 ance  with  the  procedures  provided by law for imposing a sentence for
 such crime. A defendant who was eighteen years of age or  older  at  the
 time  of the commission of the crime must be sentenced to life imprison-
 ment 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 noth-
 ing  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 inde-
 terminate sentence with a maximum term of life imprisonment. 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.
   § 3. This act shall take effect on the  same  date  and  in  the  same
 manner  as  a  chapter  of  the  laws  of 2023 proposing an amendment to
 section 4 of article IV of the  constitution,  relating  to  prohibiting
 persons  convicted  of  murder  or sentenced to life without parole from
 being eligible for commutation of sentence, takes effect.