New York A 1658: Codifies as an exception to the hearsay rule of evidence statements made under the belief of impending death

Bill Text

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A01658 Summary:

BILL NOA01658 

&nbsp

SAME ASNo Same As

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SPONSORSlater

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COSPNSRAngelino, Brook-Krasny, Chang, Novakhov, Bologna, Morinello, Smullen, McDonough, Hawley, Brown K,
 Bendett, Blankenbush

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MLTSPNSR

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Amd §§60.06 & 70.00, Pen L

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Requires a sentence of life imprisonment without parole for murder in the first degree, aggravated murder, and murder in the second degree.

Go to top A01658 Actions:

BILL NOA01658 

&nbsp

01/10/2025referred to codes

01/07/2026referred to codes

Go to topA01658 Committee&nbspVotes:

Go to topA01658 Floor&nbspVotes:

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

Go to topA01658 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1658

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 10, 2025
 ___________

 Introduced by M. of A. SLATER, ANGELINO, BROOK-KRASNY, CHANG, NOVAKHOV
 -- read once and referred to the Committee on Codes

 AN ACT to amend the penal law, in relation to requiring a sentence of
 life without parole for convictions of murder in the second degree,
 aggravated murder, and murder in the first degree

 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 second degree as
 10 defined in section 125.25 of this chapter, aggravated murder as defined
 11 in section 125.26 of this chapter, or murder in the first degree as
 12 defined in section 125.27 of this chapter, the court shall, in accord-
 13 ance with the provisions of section 400.27 of the criminal procedure
 14 law, sentence the defendant to death[,] or to life imprisonment without
 15 parole in accordance with subdivision five of section 70.00 of this
 16 title[, or to a term of imprisonment for a class A-I felony other than a
 17 sentence of life imprisonment without parole, in accordance with subdi-
 18 visions one through three of section 70.00 of this title. When a person
 19 is convicted of murder in the second degree as defined in subdivision
 20 five of section 125.25 of this chapter or of the crime of aggravated
 21 murder as defined in subdivision one of section 125.26 of this chapter,
 22 the court shall sentence the defendant to life imprisonment without
 23 parole in accordance with subdivision five of section 70.00 of this
 24 title]. When a defendant is convicted of the crime of terrorism as

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03825-01-5

 A. 1658 2

 1 defined in section 490.25 of this chapter, and the specified offense the
 2 defendant committed is a class A-I felony offense, or when a defendant
 3 is convicted of the crime of criminal possession of a chemical weapon or
 4 biological weapon in the first degree as defined in section 490.45 of
 5 this chapter, or when a defendant is convicted of the crime of criminal
 6 use of a chemical weapon or biological weapon in the first degree as
 7 defined in section 490.55 of this chapter, the court shall sentence the
 8 defendant to life imprisonment without parole in accordance with subdi-
 9 vision five of section 70.00 of this title; provided, however, that
 10 nothing in this section shall preclude or prevent a sentence of death
 11 when the defendant is also convicted of murder in the first degree as
 12 defined in section 125.27 of this chapter. [When a defendant is
 13 convicted of aggravated murder as defined in subdivision two of section
 14 125.26 of this chapter, the court shall sentence the defendant to life
 15 imprisonment without parole or to a term of imprisonment for a class A-I
 16 felony other than a sentence of life imprisonment without parole, in
 17 accordance with subdivisions one through three of section 70.00 of this
 18 title.]
 19 § 2. Sub