A 5165: Provides that sentence for commission of certain provisions of murder in the first degree is death or life without parole.

  
  STATE OF NEW YORK ________________________________________________________________________ 5165 2025-2026 Regular Sessions  IN ASSEMBLY February 12, 2025 ___________ Introduced by M. of A. DeSTEFANO, BRABENEC, MORINELLO, REILLY, E. BROWN, K. BROWN, ANGELINO, LEMONDES -- Multi-Sponsored by -- M. of A. HAWLEY -- read once and referred to the Committee on Codes AN ACT to amend the penal law and the criminal procedure law, in relation to sentencing for the commission of certain provisions of 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 first degree as defined 10 in section 125.27 of this chapter, the court shall, in accordance with 11 the provisions of section 400.27 of the criminal procedure law, sentence 12 the defendant to death, to life imprisonment without parole in accord- 13 ance with subdivision five of section 70.00 of this title, or to a term 14 of imprisonment for a class A-I felony other than a sentence of life 15 imprisonment without parole, in accordance with subdivisions one through 16 three of section 70.00 of this title. When a person is convicted of 17 murder in the second degree as defined in subdivision five of section 18 125.25 of this chapter or of the crime of aggravated murder as defined 19 in subdivision one of section 125.26 of this chapter, or of the crime of 20 murder in the first degree as defined in subparagraph (i), (ii), (ii-a) 21 or (iii) of paragraph (a) of subdivision one of section 125.27 of this 22 chapter and the sentence of death is not imposed the court shall 23 sentence the defendant to life imprisonment without parole in accordance EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08205-01-5 
 A. 5165 2 1 with subdivision five of section 70.00 of this title. When a defendant 2 is convicted of the crime of terrorism as defined in section 490.25 of 3 this chapter, and the specified offense the defendant committed is a 4 class A-I felony offense, or when a defendant is convicted of the crime 5 of criminal possession of a chemical weapon or biological weapon in the 6 first degree as defined in section 490.45 of this chapter, or when a 7 defendant is convicted of the crime of criminal use of a chemical weapon 8 or biological weapon in the first degree as defined in section 490.55 of 9 this chapter, the court shall sentence the defendant to life imprison- 10 ment without parole in accordance with subdivision five of section 70.00 11 of this title; provided, however, that nothing in this section shall 12 preclude or prevent a sentence of death when the defendant is also 13 convicted of murder in the first degree as defined in section 125.27 of 14 this chapter. When a defendant is convicted of aggravated murder as 15 defined in subdivision two of section 125.26 of this chapter, the court 16 shall sentence the defendant to life imprisonment without parole or to a 17 term of imprisonment for a class A-I felony other than a sentence of 18 life imprisonment without parole, in accordance with subdivisions one 19 through three of section 70.00 of this title. 20 § 2. Subparagraph (i) of paragraph (a) of subdivision 3 of section 21 70.00 of the penal law, as amended by chapter 107 of the laws of 2006, 22 is amended to read as follows: 23 (i) For a class A-I felony, such minimum period shall not be less than 24 fifteen years nor more than twenty-five years; provided, however, that 25 (A) where a sentence, other than a sentence of death or life imprison- 26 ment without parole, is imposed upon a defendant convicted of murder in 27 the first degree as defined in subparagraph (iv), (v), (vi), (vii), 28 (viii), (ix), (x), (xi), (xii) or (xiii) of paragraph (a) of subdivision 29 one of section 125.27 of this chapter such minimum period shall be not 30 less than twenty years nor more than twenty-five years, and, (B) where a 31 sentence is imposed upon a defendant convicted of murder in the second 32 degree as defined in subdivision five of section 125.25 of this chapter 33 or convicted of aggravated murder as defined in section 125.26 of this 34 chapter, or where a sentence, other than a sentence of death, is imposed 35 upon a defendant convicted of murder in the first degree as defined in 36 subparagraph (i), (ii), (ii-a) or (iii) of paragraph (a) of subdivision 37 one of section 125.27 of this chapter, the sentence shall be life impri- 38 sonment without parole, and, (C) where a sentence is imposed upon a 39 defendant convicted of attempted murder in the first degree as defined 40 in article one hundred ten of this chapter and subparagraph (i), (ii), 41 (ii-a) or (iii) of paragraph (a) of subdivision one and paragraph (b) of 42 subdivision one of section 125.27 of this chapter or attempted aggra- 43 vated murder as defined in article one hundred ten of this chapter and 44 section 125.26 of this chapter such minimum period shall be not less 45 than twenty years nor more than forty years. 46 § 3. Subdivision 5 of section 70.00 of the penal law, as amended by 47 section 40-a of part WWW of chapter 59 of the laws of 2017, is amended 48 to read as follows: 49 5. Life imprisonment without parole. Notwithstanding any other 50 provision of law, a defendant sentenced to life imprisonment without 51 parole shall not be or become eligible for parole or conditional 52 release. For purposes of commitment and custody, other than parole and 53 conditional release, such sentence shall be deemed to be an indetermi- 54 nate sentence. A defendant may be sentenced to life imprisonment without 55 parole upon conviction for the crime of murder in the first degree as 56 defined in section 125.27 of this chapter and in accordance with the 
 A. 5165 3 1 procedures provided by law for imposing a sentence for such crime. A 2 defendant who was eighteen years of age or older at the time of the 3 commission of the crime must be sentenced to life imprisonment without 4 parole upon conviction for the crime of terrorism as defined in section 5 490.25 of this chapter, where the specified offense the defendant 6 committed is a class A-I felony; the crime of criminal possession of a 7 chemical weapon or biological weapon in the first degree as defined in 8 section 490.45 of this chapter; or the crime of criminal use of a chemi- 9 cal weapon or biological weapon in the first degree as defined in 10 section 490.55 of this chapter; provided, however, that nothing in this 11 subdivision shall preclude or prevent a sentence of death when the 12 defendant is also convicted of the crime of murder in the first degree 13 as defined in section 125.27 of this chapter. A defendant who was seven- 14 teen years of age or younger at the time of the commission of the crime 15 may be sentenced, in accordance with law, to the applicable indetermi- 16 nate sentence with a maximum term of life imprisonment. A defendant must 17 be sentenced to life imprisonment without parole upon conviction for the 18 crime of murder in the second degree as defined in subdivision five of 19 section 125.25 of this chapter or for the crime of aggravated murder as 20 defined in subdivision one of section 125.26 of this chapter. A defend- 21 ant may be sentenced to life imprisonment without parole upon conviction 22 for the crime of aggravated murder as defined in subdivision two of 23 section 125.26 of this chapter or for the crime of murder in the first 24 degree as defined in subparagraph (i), (ii), (ii-a) or (iii) of para- 25 graph (a) of subdivision one of section 125.27 of this chapter and the 26 sentence of death is not imposed. 27 § 4. Subdivisions 1 and 10 of section 400.27 of the criminal procedure 28 law, as added by chapter 1 of the laws of 1995, are amended to read as 29 follows: 30 1. Upon [the] conviction of a defendant for the offense of murder in 31 the first degree as defined by subparagraph (i), (ii), (ii-a) or (iii) 32 of paragraph (a) of subdivision one of section 125.27 of the penal law, 33 the court shall promptly conduct a separate sentencing proceeding to 34 determine whether the defendant shall be sentenced to death or to life 35 imprisonment without parole pursuant to subdivision five of section 36 70.00 of the penal law. Nothing in this section shall be deemed to 37 preclude the people at any time from determining that the death penalty 38 shall not be sought in a particular case, in which case the separate 39 sentencing proceeding shall not be conducted and the court may sentence 40 such defendant to life imprisonment without parole [or to a sentence of 41 imprisonment for the class A-I felony of murder in the first degree 42 other than a sentence of life imprisonment without parole]. 43 10. (a) At the conclusion of all the evidence, the people and the 44 defendant may present argument in summation for or against the sentence 45 sought by the people. The people may deliver the first summation and the 46 defendant may then deliver the last summation. Thereafter, the court 47 shall deliver a charge to the jury on any matters appropriate in the 48 circumstances. In its charge, the court must instruct the jury that with 49 respect to each count of murder in the first degree, as defined in 50 subparagraph (i), (ii), (ii-a) or (iii) of paragraph (a) of subdivision 51 one of section 125.27 of the penal law, the jury should consider whether 52 or not a sentence of death should be imposed and whether or not a 53 sentence of life imprisonment without parole should be imposed[, and 54 that the jury must be unanimous with respect to either sentence. The 55 court must also instruct the jury that in the event the jury fails to 56 reach unanimous agreement with respect to the sentence, the court will 
 A. 5165 4 1 sentence the defendant to a term of imprisonment with a minimum term of 2 between twenty and twenty-five years and a maximum term of life. Follow- 3 ing the court's charge, the jury shall retire to consider the sentence 4 to be imposed. Unless inconsistent with the provisions of this section, 5 the provisions of sections 310.10, 310.20 and 310.30 shall govern the 6 deliberations of the jury]. 7 (b) The court must instruct the jury that the jury must be unanimous 8 with respect to the sentence to be imposed. The court must also instruct 9 the jury that in the event the jury fails to reach unanimous agreement 10 with respect to the sentence, the court will sentence the defendant to a 11 term of life imprisonment without parole. 12 (c) Following the court's charge, the jury shall retire to consider 13 the sentence to be imposed. Unless inconsistent with the provisions of 14 this section, the provisions of sections 310.10, 310.20 and 310.30 of 15 this part shall govern the deliberations of the jury. 16 § 5. This act shall take effect immediately and shall apply to 17 offenses committed on or after such effective date.