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Senate Bill S3806

2025-2026 Legislative Session

Relates to the age of persons eligible for a sentence of life imprisonment without parole

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Current Bill Status - In Senate Committee Codes Committee

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2025-S3806 (ACTIVE) - Details

See Assembly Version of this Bill:
A2654
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §70.00, Pen L
Versions Introduced in 2023-2024 Legislative Session:
S7942, A9016

2025-S3806 (ACTIVE) - Summary

Clarifies that only persons eighteen years of age and older may be sentenced to life imprisonment without parole.

2025-S3806 (ACTIVE) - Sponsor Memo

2025-S3806 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3806
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2025
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- 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 the age of persons  eligi-
   ble for a sentence of life imprisonment without parole
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. 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 WHO WAS EIGHTEEN YEARS OF AGE OR OLDER AT THE
 TIME OF THE COMMISSION OF THE CRIME may be sentenced to  life  imprison-
 ment 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 imprisonment with-
 out  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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00838-01-5

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