What's happening
This bill expands aggravated murder charges to include killings of grocery store, bodega, taxi, and livery cab owners or employees during their work.
Why it matters
Expands legal protections for workers in high-risk, often immigrant-dominated industries. by treating the murder of grocery, bodega, taxi, and livery cab owners or employees while on the job as aggravated murder, a top-tier felony with the harshest penalties.
Mandates life imprisonment without parole for offenders convicted under this new aggravated murder category. , signaling a legislative intent to strongly deter targeted violence against these businesses and their employees.
Acknowledges the vulnerability of small business owners and taxi/livery drivers. , who are frequently exposed to violence due to the nature of their work, and elevates the perceived value of their safety in the eyes of the law.
May influence prosecutorial practices and plea negotiations. by providing a new, more severe charge in cases involving the killing of these workers, possibly affecting case outcomes and sentencing.
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Who cares
Headline styles
Harsher Penalties for Business Killers
Plain English, a few words. Used as the page title.
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History
- Referred to codes
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4956
2017-2018 Regular Sessions
IN SENATE
March 3, 2017
Introduced by Sen. DIAZ -- 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 crime of aggravated murder involving certain business owners and their employees
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (b) of subdivision 2 and the opening paragraph of subdivision 3 of section 125.26 of the penal law, paragraph (b) of subdivision 2 as added and the opening paragraph of subdivision 3 as amended by chapter 482 of the laws of 2009, are amended, subdivision 3 is renumbered subdivision 4 and a new subdivision 3 is added to read as follows:
(b) The defendant was more than eighteen years old at the time of the commission of the crime[.]; or
3. With intent to cause the death of the owner of a grocery store, bodega, taxi cab or livery cab, or his or her employees, including drivers, while such person is acting in the normal course of his or her employment, he or she causes the death of such person.
In any prosecution under subdivision one [or], two or three of this section, it is an affirmative defense that:
§ 2. Subdivision 5 of section 70.00 of the penal law, as amended by chapter 482 of the laws of 2009, 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 indeterminate sentence. A defendant may be sentenced to life imprisonment 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07337-01-7
S. 4956 2
defendant must be sentenced to life imprisonment without parole upon conviction for the crime of terrorism as defined in section 490.25 of this chapter, where the specified offense the defendant 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 chemical 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 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 or three of section 125.26 of this chapter.
§ 3. 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, 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 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 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 or three 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
S. 4956 3
sentence of life imprisonment without parole, in accordance with subdivisions one through three of section 70.00 of this title.
§ 4. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to the crime of aggravated murder involving certain business owners and their employees
Purpose
Relates to the crime of aggravated murder involving certain business owners.
Summary of provisions
Section 1. Amends paragraph (b) of subdivision 2 and the opening paragraph of subdivision 3 of section 125.26 of the penal law, paragraph (b) of subdivision 2 as added and the opening paragraph of subdivision 3 as amended by chapter 482 of the laws of 2009, subdivision 3 is renumbered subdivision 4 and a new subdivision 3 is added. Provides that aggravated murder shall include the death of business owner, when such death is caused during the normal course of such owner's employment.
Section 2. Amends the penal law, section 70.00, subdivision 5. Provides that a defendant may be sentenced to life imprisonment without parole upon conviction for the crime of aggravated murder.
Section 3. Amends the penal law, section 60.06. Requires a sentence of life imprisonment without parole for a conviction of aggravated murder.
Section 4. Effective Date
Existing law
None.
Justification
Recent news accounts have reported three fatal murders involving livery cab drivers that occurred between May 10 and August 23, 2009 in the Bronx. Jose Pena-Seguira, 42 was shot once in the head inside his cab. He was pronounced dead in a hospital approximately thirty minutes later. Ndiaye Amadau, 46 was fatally shot in the chest in his cab. Roberto Pinta, 37 was shot three times in the back during what was reported as a failed robbery.
A fourth cab driver, Pericles Salas, 32, was found shot in the head early on the morning of August 30,2009 in Yonkers, NY. His wife and young daughter survive him.
No one deserves to work under such stressful conditions and no one should have to fear for his or life while simply trying to do a job. This legislation imposes a sentence of life imprisonment without parole upon conviction for the crime of aggravated murder of a cab or livery cab owner or employee, or the owner or employee of a grocery store or bodega, when the murder occurs during the normal course of business.
Legislative history
2016: S.1481- REFERRED TO CODES/A.1606-referred to codes 2015: S.1481- REFERRED TO CODES/A.1606-referred to codes 2014: S.300 - Referred to Codes/A.21 - Referred to Codes 2013: S.300 - Referred to Codes/A.21 - Referred to Codes 2012: Referred to Crime Victims, Crime and Correction/A.1417 - Referred to Codes 2011: S.1464 - Notice of Committee Consideration Requested, Discharged from Codes, Committed to Crime Victims, Crime and Correction/A.1417 - Referred to Codes 2009-2010 5.6198-A- Reported and Committed to Finance/A.9160-A - Amend and Recommit to Codes
Fiscal implications
None.
Effective date
First of November next succeeding the date it becomes a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.