Assembly Bill A5116

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5116
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 12, 2025
                                ___________
 
 Introduced by M. of A. K. BROWN -- read once and referred to the Commit-
   tee on Codes
 
 AN ACT to amend the penal law, in relation to prohibiting the release of
   persons convicted of first degree murder
 
   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,  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  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 with subdivision 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 chapter, and the specified offense the defendant  commit-
 ted  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06976-01-5
              

 A. 5116                             2
 
 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 chem-
 ical  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 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 subdi-
 visions one through three of section 70.00 of this title.
   § 2. This act shall take effect immediately.