Assembly Bill A1658

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1658
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 10, 2025
                                ___________
 
 Introduced  by  M. of A. SLATER, ANGELINO, BROOK-KRASNY, CHANG, NOVAKHOV
   -- read once and referred to the Committee on Codes
 
 AN ACT to amend the penal law, in relation to requiring  a  sentence  of
   life  without  parole  for convictions of murder in the second degree,
   aggravated murder, and 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  a  defendant  is  convicted  of  MURDER  IN THE SECOND DEGREE AS
 DEFINED IN SECTION 125.25 OF THIS CHAPTER, AGGRAVATED MURDER AS  DEFINED
 IN  SECTION  125.26  OF  THIS  CHAPTER, OR murder in the first degree as
 defined in section 125.27 of this chapter, the court shall,  in  accord-
 ance  with  the  provisions  of section 400.27 of the criminal procedure
 law, sentence the defendant to death[,] OR to life imprisonment  without
 parole  in  accordance  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  subdi-
 visions  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 with subdivision five  of  section  70.00  of  this
 title].  When  a  defendant  is  convicted  of the crime of terrorism as
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03825-01-5
              

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 defined in section 490.25 of this 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 imprisonment without parole in accordance with subdi-
 vision 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)  where a sentence, other than a sentence of death or life imprison-
 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 [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 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 subpar-
 agraph (i), (ii) or (iii) of paragraph (a) of subdivision one and  para-
 graph  (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] SHALL be sentenced to life imprisonment
 without  parole  upon  conviction  for the crime of MURDER IN THE SECOND
 DEGREE AS DEFINED IN SECTION 125.25 OF THIS CHAPTER,  AGGRAVATED  MURDER
 AS  DEFINED  IN  SECTION  125.26 OF THIS CHAPTER, OR 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 imprisonment
 A. 1658                             3
 
 without parole upon conviction for the crime of terrorism as defined  in
 section  490.25 of this chapter, where the specified offense the defend-
 ant 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 chemi-
 cal  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 seven-
 teen  years of age or younger at the time of the commission of the crime
 may be sentenced, in accordance with law, to the  applicable  indetermi-
 nate  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.]
   § 4. This act shall take effect immediately.