A 1658: Requires a sentence of life imprisonment without parole for murder in the first degree, aggravated murder, and murder in the second degree.

  
  STATE OF NEW YORK ________________________________________________________________________ 1658 2025-2026 Regular Sessions  IN ASSEMBLY 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: 1 Section 1. Section 60.06 of the penal law, as amended by chapter 482 2 of the laws of 2009, is amended to read as follows: 3 § 60.06 Authorized disposition; murder in the first degree offenders; 4 aggravated murder offenders; certain murder in the second 5 degree offenders; certain terrorism offenders; criminal 6 possession of a chemical weapon or biological weapon offen- 7 ders; criminal use of a chemical weapon or biological weapon 8 offenders. 9 When a defendant is convicted of murder in the second degree as 10 defined in section 125.25 of this chapter, aggravated murder as defined 11 in section 125.26 of this chapter, or murder in the first degree as 12 defined in section 125.27 of this chapter, the court shall, in accord- 13 ance with the provisions of section 400.27 of the criminal procedure 14 law, sentence the defendant to death[,] or to life imprisonment without 15 parole in accordance with subdivision five of section 70.00 of this 16 title[, or to a term of imprisonment for a class A-I felony other than a 17 sentence of life imprisonment without parole, in accordance with subdi- 18 visions one through three of section 70.00 of this title. When a person 19 is convicted of murder in the second degree as defined in subdivision 20 five of section 125.25 of this chapter or of the crime of aggravated 21 murder as defined in subdivision one of section 125.26 of this chapter, 22 the court shall sentence the defendant to life imprisonment without 23 parole in accordance with subdivision five of section 70.00 of this 24 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 
 A. 1658 2 1 defined in section 490.25 of this chapter, and the specified offense the 2 defendant committed is a class A-I felony offense, or when a defendant 3 is convicted of the crime of criminal possession of a chemical weapon or 4 biological weapon in the first degree as defined in section 490.45 of 5 this chapter, or when a defendant is convicted of the crime of criminal 6 use of a chemical weapon or biological weapon in the first degree as 7 defined in section 490.55 of this chapter, the court shall sentence the 8 defendant to life imprisonment without parole in accordance with subdi- 9 vision five of section 70.00 of this title; provided, however, that 10 nothing in this section shall preclude or prevent a sentence of death 11 when the defendant is also convicted of murder in the first degree as 12 defined in section 125.27 of this chapter. [When a defendant is 13 convicted of aggravated murder as defined in subdivision two of section 14 125.26 of this chapter, the court shall sentence the defendant to life 15 imprisonment without parole or to a term of imprisonment for a class A-I 16 felony other than a sentence of life imprisonment without parole, in 17 accordance with subdivisions one through three of section 70.00 of this 18 title.] 19 § 2. Subparagraph (i) of paragraph (a) of subdivision 3 of section 20 70.00 of the penal law, as amended by chapter 107 of the laws of 2006, 21 is amended to read as follows: 22 (i) For a class A-I felony, such minimum period shall not be less than 23 fifteen years nor more than twenty-five years; provided, however, that 24 [(A) where a sentence, other than a sentence of death or life imprison- 25 ment without parole, is imposed upon a defendant convicted of murder in 26 the first degree as defined in section 125.27 of this chapter such mini- 27 mum period shall be not less than twenty years nor more than twenty-five 28 years, and, (B)] where a sentence is imposed upon a defendant convicted 29 of murder in the second degree as defined in [subdivision five of] 30 section 125.25 of this chapter [or], convicted of aggravated murder as 31 defined in section 125.26 of this chapter, or convicted of murder in the 32 first degree as defined in section 125.27 of this chapter, the sentence 33 shall be life imprisonment without parole[, and, (C) where a sentence is 34 imposed upon a defendant convicted of attempted murder in the first 35 degree as defined in article one hundred ten of this chapter and subpar- 36 agraph (i), (ii) or (iii) of paragraph (a) of subdivision one and para- 37 graph (b) of subdivision one of section 125.27 of this chapter or 38 attempted aggravated murder as defined in article one hundred ten of 39 this chapter and section 125.26 of this chapter such minimum period 40 shall be not less than twenty years nor more than forty years]. 41 § 3. Subdivision 5 of section 70.00 of the penal law, as amended by 42 section 40-a of part WWW of chapter 59 of the laws of 2017, is amended 43 to read as follows: 44 5. Life imprisonment without parole. Notwithstanding any other 45 provision of law, a defendant sentenced to life imprisonment without 46 parole shall not be or become eligible for parole or conditional 47 release. For purposes of commitment and custody, other than parole and 48 conditional release, such sentence shall be deemed to be an indetermi- 49 nate sentence. A defendant [may] shall be sentenced to life imprisonment 50 without parole upon conviction for the crime of murder in the second 51 degree as defined in section 125.25 of this chapter, aggravated murder 52 as defined in section 125.26 of this chapter, or murder in the first 53 degree as defined in section 125.27 of this chapter and in accordance 54 with the procedures provided by law for imposing a sentence for such 55 crime. A defendant who was eighteen years of age or older at the time 56 of the commission of the crime must be sentenced to life imprisonment 
 A. 1658 3 1 without parole upon conviction for the crime of terrorism as defined in 2 section 490.25 of this chapter, where the specified offense the defend- 3 ant committed is a class A-I felony; the crime of criminal possession of 4 a chemical weapon or biological weapon in the first degree as defined in 5 section 490.45 of this chapter; or the crime of criminal use of a chemi- 6 cal weapon or biological weapon in the first degree as defined in 7 section 490.55 of this chapter; provided, however, that nothing in this 8 subdivision shall preclude or prevent a sentence of death when the 9 defendant is also convicted of the crime of murder in the first degree 10 as defined in section 125.27 of this chapter. A defendant who was seven- 11 teen years of age or younger at the time of the commission of the crime 12 may be sentenced, in accordance with law, to the applicable indetermi- 13 nate sentence with a maximum term of life imprisonment. [A defendant 14 must be sentenced to life imprisonment without parole upon conviction 15 for the crime of murder in the second degree as defined in subdivision 16 five of section 125.25 of this chapter or for the crime of aggravated 17 murder as defined in subdivision one of section 125.26 of this chapter. 18 A defendant may be sentenced to life imprisonment without parole upon 19 conviction for the crime of aggravated murder as defined in subdivision 20 two of section 125.26 of this chapter.] 21 § 4. This act shall take effect immediately.