New York S 971: Relates to sentencing of a person convicted of murdering a child who is less than thirteen years old

Bill Text

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S00971 Summary:

BILL NOS00971 

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SAME ASSAME AS A02013

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SPONSORROLISON

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COSPNSR

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MLTSPNSR

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Amd §70.00, Pen L

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Provides that a person convicted of murder in the first or second degree, or aggravated murder, in the death of a child who is less than thirteen years old shall be sentenced to life imprisonment without parole.

Go to top S00971 Actions:

BILL NOS00971 

&nbsp

01/08/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS00971 Committee&nbspVotes:

Go to topS00971 Floor&nbspVotes:

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

Go to topS00971 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 971

 2025-2026 Regular Sessions

 IN SENATE

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by Sen. ROLISON -- 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 Assem-
 bly, do enact as follows:

 1 Section 1. Subparagraph (i) of paragraph (a) of subdivision 3 of
 2 section 70.00 of the penal law, as amended by chapter 107 of the laws of
 3 2006, is amended to read as follows:
 4 (i) For a class A-I felony, such minimum period shall not be less than
 5 fifteen years nor more than twenty-five years; provided, however, that
 6 (A) where a sentence, other than a sentence of death or life imprison-
 7 ment without parole, is imposed upon a defendant convicted of murder in
 8 the first degree as defined in section 125.27 of this chapter such mini-
 9 mum period shall be not less than twenty years nor more than twenty-five
 10 years, and, (B) where a sentence is imposed upon a defendant convicted
 11 of murder in the second degree as defined in [subdivision five of]
 12 section 125.25 of this chapter where the victim is less than thirteen
 13 years old, or convicted of aggravated murder as defined in section
 14 125.26 of this chapter, or convicted of murder in the first degree as
 15 defined in section 125.27 of this chapter where the victim is less than
 16 thirteen years old, the sentence shall be life imprisonment without
 17 parole, and, (C) where a sentence is imposed upon a defendant convicted
 18 of attempted murder in the first degree as defined in article one
 19 hundred ten of this chapter and subparagraph (i), (ii) or (iii) of para-
 20 graph (a) of subdivision one and paragraph (b) of subdivision one of
 21 section 125.27 of this chapter or attempted aggravated murder as defined
 22 in article one hundred ten of this chapter and section 125.26 of this
 23 chapter such minimum period shall be not less than twenty years nor more
 24 than forty years.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01576-01-5

 S. 971 2

 1 § 2. Subdivision 5 of section 70.00 of the penal law, as amended by
 2 section 40-a of part WWW of chapter 59 of the laws of 2017, is amended
 3 to read as follows:
 4 5. Life imprisonment without parole. Notwithstanding any other
 5 provision of law, a defendant sentenced to life imprisonment without
 6 parole shall not be or become eligible for parole or conditional
 7 release. For purposes of commitment and custody, other than parole and
 8 conditional release, such sentence shall be deemed to be an indetermi-
 9 nate sentence. [A] Except as otherwise provided in this subdivision, a
 10 defendant may be sentenced to life imprisonment without parole upon
 11 conviction for the crime of murder in the first degree as defined in
 12 section 125.27 of this chapter and in accordance with the procedures
 13 provided by law for imposing a sentence for such crime. A defendant who
 14 was eighteen years of age or older at the time of the commission of the
 15 crime must be sentenced to life imprisonment without parole upon
 16 conviction for the crime of terrorism as defined in section 490.25 of
 17 this chapter, where the specified offense the defendant committed is a
 18 class A-I felony; the crime of criminal possession of a chemical weapon
 19 or biological weapon in the first degree as defined in section 490.45 of
 20 t