Assembly Bill A11679

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11679
 
                           I N  A S S E M B L Y
 
                             September 2, 2026
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Mikulin) --
   read once and referred to the Committee on Codes
 
 AN ACT to amend the penal law, in relation to enacting  "Jacob  Freytes'
   law"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 "Jacob Freytes' law".
   §  2.  Subdivision 5 of section 125.25 of the penal law, as amended by
 chapter 23 of the laws of 2024, is amended and a new  subdivision  6  is
 added to read as follows:
   5. Being eighteen years old or more, while in the course of committing
 rape  in  the first, second or third degree, a crime formerly defined in
 section 130.50, 130.45 or 130.40 of this  title,  the  crime  of  sexual
 abuse in the first degree, aggravated sexual abuse in the first, second,
 third  or fourth degree, or incest in the first, second or third degree,
 against a person less than fourteen years old, [he or she]  THEY  inten-
 tionally [causes] CAUSE the death of such person[.]; OR
   6.  THEY  RECKLESSLY  CAUSE  THE  DEATH OF A PERSON LESS THAN EIGHTEEN
 YEARS OLD.
   § 3. Subdivisions 3 and 5 of section 70.00 of the penal law,  subdivi-
 sion  3  as amended by chapter 738 of the laws of 2004, paragraph (a) as
 amended by chapter 107 of the laws of 2006, paragraph (b) as amended  by
 chapter  746 of the laws of 2006 and subdivision 5 as amended by section
 40-a of part WWW of chapter 59 of the laws of 2017, are amended to  read
 as follows:
   3.  Minimum period of imprisonment. The minimum period of imprisonment
 under an indeterminate sentence shall be at least one year and shall  be
 fixed as follows:
   (a) In the case of a class A felony, the minimum period shall be fixed
 by the court and specified in the sentence.
   (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) where a sentence, other than a sentence of death or  life  imprison-

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD16269-01-6
 A. 11679                            2
 
 ment  without parole, is imposed upon a defendant convicted of murder in
 the first degree as defined in section 125.27 of this chapter such mini-
 mum 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 FOR CAUSING THE DEATH OF A PERSON LESS
 THAN EIGHTEEN YEARS OLD, OR CONVICTED OF MURDER IN THE FIRST  DEGREE  AS
 DEFINED  IN  SECTION  125.27  OF THIS CHAPTER FOR CAUSING THE DEATH OF A
 PERSON LESS THAN EIGHTEEN YEARS OLD, or convicted of  aggravated  murder
 as defined in section 125.26 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  subdivi-
 sion  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.
   (ii) For a class A-II felony, such minimum period shall  not  be  less
 than  three years nor more than eight years four months, except that for
 the class A-II felony of predatory sexual assault as defined in  section
 130.95  of  this  chapter  or  the class A-II felony of predatory sexual
 assault against a child as defined in section 130.96  of  this  chapter,
 such minimum period shall be not less than ten years nor more than twen-
 ty-five years.
   (b)  For  any  other  felony, the minimum period shall be fixed by the
 court and specified in the sentence and shall be not less than one  year
 nor more than one-third of the maximum term imposed.
   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] EXCEPT AS OTHERWISE  PROVIDED  IN  PARAGRAPH  (A)  OF
 SUBDIVISION  THREE OF THIS SECTION, 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.  A defendant who was eighteen years of age or older at
 the time of the commission of the crime must be sentenced to life impri-
 sonment 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 WHERE SUCH DEFENDANT CAUSED  THE
 A. 11679                            3
 
 DEATH  OF  A  PERSON  LESS  THAN  EIGHTEEN YEARS OLD OR FOR THE CRIME OF
 MURDER IN THE FIRST DEGREE AS DEFINED IN SECTION 125.27 OF THIS  CHAPTER
 WHERE  SUCH  DEFENDANT  CAUSED  THE DEATH OF A PERSON LESS THAN EIGHTEEN
 YEARS OLD, or for the crime of aggravated murder as defined in [subdivi-
 sion  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.