New York S 3825: Relates to parole eligibility for felony offenders; repealer

Bill Text

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S03825 Summary:

BILL NOS03825 

&nbsp

SAME ASSAME AS A06257

&nbsp

SPONSORSEPULVEDA

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Rpld §70.20 sub 2-a, amd Pen L, generally; amd §136, Cor L; amd §§220.10, 220.30, 400.27, 440.20 & 470.30, CP
L

&nbsp

Requires that all felony offenders shall be eligible for parole after serving no more than twenty-five years of their sentence; eliminates the possibility of serving consecutive terms of imprisonment which exceed a twenty-five year sentence.

Go to top S03825 Actions:

BILL NOS03825 

&nbsp

01/30/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS03825 Committee&nbspVotes:

Go to topS03825 Floor&nbspVotes:

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

Go to topS03825 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3825

 2025-2026 Regular Sessions

 IN SENATE

 January 30, 2025
 ___________

 Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
 printed to be committed to the Committee on Codes

 AN ACT to amend the penal law, the correction law and the criminal
 procedure law, in relation to parole eligibility for felony offenders;
 and to repeal subdivision 2-a of section 70.20 of the penal law relat-
 ing thereto

 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, to life imprisonment [without parole in accord-
 13 ance with subdivision five of section 70.00 of this title,] with eligi-
 14 bility for parole after twenty-five years or to a term of imprisonment
 15 for a class A-I felony other than a sentence of life imprisonment [with-
 16 out parole] with eligibility for parole after twenty-five years, in
 17 accordance with subdivisions one through three of section 70.00 of this
 18 title. When a person is convicted of murder in the second degree as
 19 defined in subdivision five of section 125.25 of this chapter or of the
 20 crime of aggravated murder as defined in subdivision one of section
 21 125.26 of this chapter, the court shall sentence the defendant to life
 22 imprisonment [without parole in accordance with subdivision five of
 23 section 70.00 of this title] with eligibility for parole after twenty-

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08321-01-5

 S. 3825 2

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