What's happening
This bill requires life imprisonment without parole for anyone convicted of murdering a child under eighteen in New York.
Why it matters
Expands mandatory life without parole sentences. to include not only first-degree murderers, but also those convicted of second-degree murder or aggravated murder, if the victim was under 18—removing previous judicial discretion for cases involving child victims.
Removes age-based leniency. for offenders who kill minors, meaning that any adult found guilty of murdering a child (under 18) will face mandatory life without parole, regardless of circumstances or mitigating factors.
Signals a shift toward harsher penalties for crimes against children,. which may impact plea bargaining, prosecutorial strategies, and prison populations, while reflecting a legislative judgment that these crimes merit the state’s most severe punishment short of the death penalty.
Alters the legal landscape for both prosecution and defense. in homicide cases involving child victims, making it impossible for judges to sentence eligible offenders to anything less than life without parole, and potentially influencing how such cases are charged and tried.
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Life Sentence for Child Murder
Plain English, a few words. Used as the page title.
Sponsors
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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.
Life Without Parole for Child Murder
In Assembly Committee · Codes · Sponsor John K. Mikulin
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
292
2025-2026 Regular Sessions
IN SENATE (Prefiled)
January 8, 2025
Introduced by Sen. RHOADS -- 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 a required sentence of life imprisonment without parole for the murder of a child
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. 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 where the victim is less than eighteen years old, 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 where the victim is less than eighteen years old, 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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00203-01-5
§ 2. 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] Except as otherwise provided in this subdivision 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 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, 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, where the victim was less than eighteen years old, 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.]
§ 3. This act shall take effect immediately.
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 a required sentence of life imprisonment without parole for the murder of a child
Purpose or general idea of bill
To ensure that anyone who commits first or second degree murder against a child receives a mandatory sentence of life in prison without the possibility of parole.
Summary of provisions
Section 1: Amends subdivision 3 of section 70 of the penal law as amended by chapter 107 of 2006 to require a sentence of life in prison for anyone who commits a first or second-degree murder of a child.
Section 2: Amends subdivision 5 of section 70 of the penal law to make needed conforming changes
Section 3: Sets forth the effective date
Justification
This bill seeks to ensure that no family or community has to relive the pain of a brutal murder for years each and every time the killer comes up for parole. Those who want only murder children should never see the light of day again. This bill ensures that people who commit crimes such as this one never receive parole. It is long past time we put the needs of victims and their families ahead of the needs of the perpetrators.
Prior legislative history
New bill
Fiscal implications
Minimal.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.