New York S 5291: Grants retroactive membership with tier IV status in the New York state and local employees' retirement system to Dana Kerstanski

Bill Text

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S05291 Summary:

BILL NOS05291 

&nbsp

SAME ASSAME AS A06253

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SPONSORSEPULVEDA

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COSPNSRSALAZAR

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MLTSPNSR

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Amd §§60.05, 70.00 & 70.80, rpld §60.06, §70.00 sub 5, §70.20 sub 2-a, §490.25 sub 2 ¶(d), §490.28 cl ¶, Pen
L; amd §§113 & 136, rpld §130, Art 22-B, Cor L; rpld §§250.40, 270.16, 270.55, 400.27, 450.70 & 450.80,
§270.30 sub 2, §450.20 sub 10, §630.20 sub 4, amd CP L, generally; rpld §707, County L; rpld §§63-d & 837-l,
Exec L; rpld §§35-b & 211-a, Judy L; amd §24-355, NYC Ad Cd

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Ends the imposition of a sentence of life without parole and the death penalty.

Go to top S05291 Actions:

BILL NOS05291 

&nbsp

02/20/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS05291 Committee&nbspVotes:

Go to topS05291 Floor&nbspVotes:

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

Go to topS05291 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5291

 2025-2026 Regular Sessions

 IN SENATE

 February 20, 2025
 ___________

 Introduced by Sens. SEPULVEDA, SALAZAR -- read twice and ordered print-
 ed, and when printed to be committed to the Committee on Codes

 AN ACT to amend the penal law, the correction law, the criminal proce-
 dure law, and the administrative code of the city of New York, in
 relation to ending the imposition of a sentence of life without parole
 or death; and to repeal certain provisions of the penal law, the
 correction law, the criminal procedure law, the county law, the execu-
 tive law, and the judiciary law, relating thereto

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Subdivision 2 of section 60.05 of the penal law, as amended
 2 by chapter 738 of the laws of 2004, is amended to read as follows:
 3 2. Class A felony. Except as provided in subdivisions three and four
 4 of section 70.06 of this chapter, every person convicted of a class A
 5 felony must be sentenced to imprisonment in accordance with section
 6 70.00 of this title[, unless such person is convicted of murder in the
 7 first degree and is sentenced in accordance with section 60.06 of this
 8 article].
 9 § 2. Section 60.06 of the penal law is REPEALED.
 10 § 3. Subparagraph (i) of paragraph (a) of subdivision 3 of section
 11 70.00 of the penal law, as amended by chapter 107 of the laws of 2006,
 12 is amended to read as follows:
 13 (i) For a class A-I felony, such minimum period shall not be less than
 14 fifteen years nor more than twenty-five years; provided, however, that
 15 (A) where a sentence, other than a sentence of death or life imprison-
 16 ment [without parole], is imposed upon a defendant convicted of murder
 17 in the first degree as defined in section 125.27 of this chapter such
 18 minimum period shall be not less than twenty years nor more than twen-
 19 ty-five years, and, (B) where a sentence is imposed upon a defendant
 20 convicted of murder in the second degree as defined in subdivision five
 21 of section 125.25 of this chapter or convicted of aggravated murder as

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08591-01-5

 S. 5291 2

 1 defined in section 125.26 of this chapter, the sentence shall be life
 2 imprisonment [without parole], and, (C) where a sentence is imposed upon
 3 a defendant convicted of attempted murder in the first degree as defined
 4 in article one hundred ten of this chapter and subparagraph (i), (ii) or
 5 (iii) of paragraph (a) of subdivision one and paragraph (b) of subdivi-
 6 sion one of section 125.27 of this chapter or attempted aggravated
 7 murder as defined in article one hundred ten of this chapter and section
 8 125.26 of this chapter such minimum period shall be not less than twenty
 9 years nor more than forty years.
 10 § 4. Subdivision 5 of section 70.00 of the penal law is REPEALED.
 11 § 5. Subdivision 2-a of section 70.20 of the penal law is REPEALED.
 12 § 6. Subdivision 3 and paragraph (a) of subdivision 7 of section 70.80
 13 of the penal law, as added by chapter 7 of the laws of 2007, are amended
 14 to read as follows:
 15 3. Except as provided by