What's happening
This bill mandates life imprisonment without parole for first-degree murder convictions and repeals related death penalty procedures.
Why it matters
Eliminates the death penalty entirely. for first-degree murder and certain other serious crimes, making life without parole the only sentencing option, which fundamentally changes the state’s approach to its harshest criminal penalties.
Removes judicial discretion. for sentencing in first-degree murder cases—judges must impose life without parole, with no possibility of a lesser sentence or parole eligibility, which could impact plea bargaining and the legal strategies of both prosecution and defense.
Streamlines and simplifies criminal procedure. by repealing the complex and costly legal processes tied to death penalty sentencing (such as special sentencing hearings and jury selection rules), potentially saving the state money and reducing lengthy appeals.
Aligns New York with broader national and international trends. away from capital punishment, possibly impacting public debate, criminal justice reform efforts, and the experiences of victims’ families by removing the uncertainty and delays associated with death penalty cases.
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No Parole for First-Degree Murder
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
No Parole for First-Degree Murder
In Assembly Committee · Codes · Sponsor Carrie Woerner
Full text
4 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1995
2019-2020 Regular Sessions
IN SENATE
January 18, 2019
Introduced by Sen. LITTLE -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the penal law and the criminal procedure law, in relation to imposing a mandatory sentence of life imprisonment without parole upon conviction of murder in the first degree; and to repeal sections 270.55 and 400.27 of the criminal procedure law relating to the procedure for determining the sentence for conviction of murder in the first degree
The People of the State of New York, represented in Senate and Assembly, 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, 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05891-01-9
S. 1995 2
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 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 subdivisions one through three of section 70.00 of this title.
§ 2. Subparagraph (i) of paragraph (a) of subdivision 3 of section 70.00 of the penal law, as amended by chapter 107 of the laws of 2006, is amended to read as follows:
(i) For a class A-I felony, such minimum period shall not be less than fifteen years nor more than twenty-five years; provided, however, that (A) where a sentence[, other than a sentence of death or life imprisonment without parole,] is imposed upon a defendant convicted of murder in the first degree as defined in section 125.27 of this chapter [such minimum period shall be not less than twenty years nor more than twenty-five years], the sentence shall be life without parole, and, (B) where a sentence is imposed upon a defendant convicted of murder in the second degree as defined in subdivision five of section 125.25 of this chapter or convicted of aggravated murder as defined in section 125.26 of this chapter, the sentence shall be life imprisonment without parole, and, (C) where a sentence is imposed upon a defendant convicted of attempted murder in the first degree as defined in article one hundred ten of this chapter and subparagraph (i), (ii) or (iii) of paragraph (a) of subdivision one and paragraph (b) of subdivision one of section 125.27 of this chapter or attempted aggravated murder as defined in article one hundred ten of this chapter and section 125.26 of this chapter such minimum period shall be not less than twenty years nor more than forty years.
§ 3. 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] shall 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 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
S. 1995 3
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 of section 125.26 of this chapter.
§ 4. 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 indeterminate sentence. A defendant [may] shall 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 defendant who was eighteen years of age or older at the time of the commission of the crime 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 who was seventeen years of age or younger at the time of the commission of the crime may be sentenced, in accordance with law, to the applicable indeterminate sentence with a maximum term of life imprisonment. 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 of section 125.26 of this chapter.
§ 5. Paragraph (d) of subdivision 2 of section 490.25 of the penal law, as added by chapter 300 of the laws of 2001, is amended to read as follows:
(d) Notwithstanding any other provision of law, when a person is convicted of a crime of terrorism pursuant to this section, and the specified offense is a class A-I felony offense, the sentence upon conviction of such offense shall be life imprisonment without parole[; provided, however, that nothing herein shall preclude or prevent a
S. 1995 4
sentence of death when the specified offense is murder in the first degree as defined in section 125.27 of this chapter].
§ 6. Paragraph (e) of subdivision 5 of section 220.10 of the criminal procedure law, as amended by chapter 1 of the laws of 1995, is amended to read as follows:
(e) A defendant may not enter a plea of guilty to the crime of murder in the first degree as defined in section 125.27 of the penal law; provided, however, that a defendant may enter such a plea with both the permission of the court and the consent of the people when the agreed upon sentence is [either] life imprisonment without parole [or a term of imprisonment for the class A-I felony of murder in the first degree other than a sentence of life imprisonment without parole].
§ 7. Subparagraph (vii) of paragraph (b) of subdivision 3 of section 220.30 of the criminal procedure law, as amended by chapter 1 of the laws of 1995, is amended to read as follows:
(vii) A defendant may not enter a plea of guilty to the crime of murder in the first degree as defined in section 125.27 of the penal law; provided, however, that a defendant may enter such a plea with both the permission of the court and the consent of the people when the agreed upon sentence is [either] life imprisonment without parole [or a term of imprisonment for the class A-I felony of murder in the first degree other than a sentence of life imprisonment without parole].
§ 8. Section 270.55 of the criminal procedure law is REPEALED.
§ 9. Section 400.27 of the criminal procedure law is REPEALED.
§ 10. This act shall take effect immediately and shall apply to offenses committed on or after such effective date; provided, that section four of this act shall take effect on the same date and in the same manner as section 40-a of part WWW of chapter 59 of the laws of 2017, takes effect.
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 and the criminal procedure law, in relation to imposing a mandatory sentence of life imprisonment without parole upon conviction of murder in the first degree; and to repeal sections 270.55 and 400.27 of the criminal procedure law relating to the procedure for determining the sentence for conviction of murder in the first degree
Purpose
This bill provides that the sentence for murder in the first degree shall be life imprisonment without parole.
Summary of provisions
Section 60.06 of the penal law, as amended by chapter 482 of the laws of 2009 is amended to sentence life imprisonment for murder in the first degree offenders.
Subparagraph (i) of paragraph (a) of subdivision 3 of section 70.00 of the penal law, as amended by chapter 107 of the law of 2006, will read the defendant will be sentenced of life imprisonment without parole.
Subdivision 5 of section 70.00 of the penal law, as amended by chapter 482 of the laws of 2009, is amended to add the sentence of life impri- sonment without parole.
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 add the sentence of life imprisonment without parole.
Paragraph (d) of subdivision 2 of section 490.25 of the penal law, as added by chapter 300 of the laws of 2001, is amended to add the sentence of life imprisonment without parole.
Paragraph e of subdivision 5 of section 220.10 of the criminal procedure law, as amended by chapter 1 of the laws of 1995, is amended to add the sentence of life imprisonment without parole.
Subparagraph (vii) of paragraph (b) of subdivision 3 of section 220.30 of the criminal procedure law, as amended by chapter 1 of the laws of 1995, is amended to add the sentence of life imprisonment without parole.
Section 270.55 and section 400.27 of the criminal procedure law is repealed.
Section 10 add the effective date.
Justification
On August 11, 2017, Crystal Riley and her 4-year-old daughter Lilly Fraser were senselessly and brutally murdered in their Glens Falls home. The suspect was apprehended and the trial is taking place in early 2018.
The defendant has been indicted on eight-counts, including first-degree murder.
Presently, murder in the first degree, which is typically a murder with the highest level of intent and other unfavorable circumstances, carries a minimum sentence of 20 to 25 years unless the defendant receives a life sentence without the possibility of parole (early release from prison), which is another potential sentencing outcome. There are cases in which a sentencing outcome of a murder in the first degree conviction is a 20 year minimum.
As the grandmother of the victims stated, nothing will change what happened on that painful day of August 11, 2017; however, the punishment of life imprisonment without parole for murder in the first degree may prevent another brutal and senseless act, and could even save a life.
Legislative history
2017-18: S.7370/A.11354: Referred Codes; Referred Codes
Fiscal implications
To be determined.
Effective date
This act shall take effect immediately and shall apply to offenses committed on or after such effective date; provided, that section four of this act shall take effect on the same date and in the same manner as section 40-a of part WWW of chapter 59 of the laws of 2017, takes effect.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.