New York A 1578: Relates to sentencing of person convicted of murdering a minor

Bill Text

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A01578 Summary:

BILL NOA01578 

&nbsp

SAME ASSAME AS S00292

&nbsp

SPONSORMikulin

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §70.00, Pen L

&nbsp

Provides that a person convicted of murder in the first or second degree, or aggravated murder, in the death of a minor shall be sentenced to life imprisonment without parole.

Go to top A01578 Actions:

BILL NOA01578 

&nbsp

01/10/2025referred to codes

04/02/2025held for consideration in codes

01/07/2026referred to codes

Go to topA01578 Committee&nbspVotes:

Committee:CODES Chair:Dinowitz 
DATE:04/02/2025AYE/NAY:14/6 Action: Held for Consideration DinowitzAyeMorinelloNay

CookExcusedReillyNay

LavineAyeMikulinNay

WeprinAyeTannousisNay

HevesiAyeAngelinoNay

SeawrightExcusedMolitorNay

RosenthalAye

WalkerAye

VanelAye

CruzAye

EpsteinAye

BoresAye

ReyesAye

CunninghamAye

RomeroAye

AlvarezAye

Go to topA01578 Floor&nbspVotes:

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

Go to topA01578 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1578

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 10, 2025
 ___________

 Introduced by M. of A. MIKULIN -- read once and referred to the Commit-
 tee 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 eighteen
 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 eighteen 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.
 LBD00203-01-5

 A. 1578 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