Senate Bill S408

2023-2024 Legislative Session

Makes life imprisonment without parole mandatory for defendants convicted of murder in the first degree or second degree and the victim is a police officer, peace officer, first responder or correctional officer

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Sponsored By

Current Bill Status - In Senate Committee Codes 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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2023-S408 (ACTIVE) - Details

See Assembly Version of this Bill:
A7472
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §§60.06, 70.00 & 125.25, Pen L
Versions Introduced in 2021-2022 Legislative Session:
S8176, A8682

2023-S408 (ACTIVE) - Summary

Makes life imprisonment without parole mandatory for defendants convicted of murder in the first degree or second degree and the victim is a police officer, peace officer, first responder or correctional officer.

2023-S408 (ACTIVE) - Sponsor Memo

2023-S408 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    408
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sens.  GALLIVAN,  BORRELLO,  HELMING, LANZA, ORTT, STEC,
   TEDISCO, WEIK -- 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 making life imprisonment
   without parole mandatory for defendants convicted  of  murder  in  the
   first  degree  or  second  degree  and the victim is a police officer,
   peace officer, first responder or correctional officer
 
   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 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, EXCEPT AS
 PROVIDED  IN  SUBDIVISION FIVE OF SECTION 70.00 OF THIS TITLE, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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