New York A 5116: Prohibits the release of persons convicted of first degree murder

Bill Text

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A05116 Summary:

BILL NOA05116 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORBrown K

&nbsp

COSPNSRMcDonough, Lemondes, Hawley, Molitor

&nbsp

MLTSPNSR

&nbsp

Amd §60.06, Pen L

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Prohibits the release, on parole or otherwise, of persons convicted of first degree murder.

Go to top A05116 Actions:

BILL NOA05116 

&nbsp

02/12/2025referred to codes

01/07/2026referred to codes

05/05/2026held for consideration in codes

Go to topA05116 Committee&nbspVotes:

Committee:CODES Chair:Dinowitz 
DATE:05/05/2026AYE/NAY:13/5 Action: Held for Consideration DinowitzAyeMorinelloNay

CookExcusedReillyNay

LavineAyeMikulinExcused

WeprinAyeTannousisNay

HevesiAyeAngelinoNay

SeawrightExcusedMolitorNay

RosenthalAye

WalkerAye

VanelAye

CruzAye

BoresAbsent

ReyesAye

CunninghamAye

RomeroAye

AlvarezAye

TaylorAye

Go to topA05116 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA05116 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5116

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 12, 2025
 ___________

 Introduced by M. of A. K. BROWN -- read once and referred to the Commit-
 tee on Codes

 AN ACT to amend the penal law, in relation to prohibiting the release of
 persons convicted of first degree murder

 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, or to life imprisonment without parole in
 13 accordance with subdivision five of section 70.00 of this title[, or to
 14 a term of imprisonment for a class A-I felony other than a sentence of
 15 life imprisonment without parole, in accordance with subdivisions one
 16 through three of section 70.00 of this title]. When a person is
 17 convicted of murder in the second degree as defined in subdivision five
 18 of section 125.25 of this chapter or of the crime of aggravated murder
 19 as defined in subdivision one of section 125.26 of this chapter, the
 20 court shall sentence the defendant to life imprisonment without parole
 21 in accordance with subdivision five of section 70.00 of this title. When
 22 a defendant is convicted of the crime of terrorism as defined in section
 23 490.25 of this chapter, and the specified offense the defendant commit-
 24 ted is a class A-I felony offense, or when a defendant is convicted of
 25 the crime of criminal possession of a chemical weapon or biological

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06976-01-5

 A. 5116 2

 1 weapon in the first degree as defined in section 490.45 of this chapter,
 2 or when a defendant is convicted of the crime of criminal use of a chem-
 3 ical weapon or biological weapon in the first degree as defined in
 4 section 490.55 of this chapter, the court shall sentence the defendant
 5 to life imprisonment without parole in accordance with subdivision five
 6 of section 70.00 of this title; provided, however, that nothing in this
 7 section shall preclude or prevent a sentence of death when the defendant
 8 is also convicted of murder in the first degree as defined in section
 9 125.27 of this chapter. When a defendant is convicted of aggravated
 10 murder as defined in subdivision two of section 125.26 of this chapter,
 11 the court shall sentence the defendant to life imprisonment without
 12 parole or to a term of imprisonment for a class A-I felony other than a
 13 sentence of life imprisonment without parole, in accordance with subdi-
 14 visions one through three of section 70.00 of this title.
 15 § 2. This act shall take