What's happening
This bill requires a mandatory life without parole sentence for anyone convicted of murder in the second degree, aggravated murder, or murder in the first degree in New York.
Why it matters
Eliminates judicial discretion. Judges would no longer have the option to impose lesser sentences (such as 15-25 years to life) for those convicted of murder in the second degree, aggravated murder, or murder in the first degree; life without parole becomes mandatory, removing flexibility for unique circumstances or mitigating factors.
Significantly increases sentencing severity. Currently, not all convictions for these crimes result in life without parole; this bill ensures that every person found guilty of these offenses faces permanent incarceration, fundamentally changing the consequences for a wide range of homicide convictions.
Impacts plea bargaining and prison population. With no chance of parole, defendants may be less likely to accept plea deals, potentially leading to more trials and a higher, long-term incarcerated population, impacting the justice system’s workload and state prison costs.
Reduces prospects for rehabilitation or release. The bill closes the door on the possibility of parole for affected convictions, meaning individuals lose the potential for release based on rehabilitation, good behavior, or changing circumstances, raising ethical and practical debates about redemption and the role of the correctional system.
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Require Life Without Parole for Murder
Plain English, a few words. Used as the page title.
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History
- Referred to codes
- Referred to codes
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
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 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 second degree as defined in section 125.25 of this chapter, aggravated murder as defined in section 125.26 of this chapter, or 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[,] or 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03825-01-5
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, 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, or convicted of murder in the first degree as defined in section 125.27 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 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 second degree as defined in section 125.25 of this chapter, aggravated murder as defined in section 125.26 of this chapter, or 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.]
§ 4. This act shall take effect immediately.
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