S T A T E O F N E W Y O R K
________________________________________________________________________
5747
2023-2024 Regular Sessions
I N A S S E M B L Y
March 23, 2023
___________
Introduced by M. of A. SLATER -- read once and referred 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01680-01-3
A. 5747 2
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 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
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
A. 5747 3
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.
§ 4. This act shall take effect immediately.