Bill S300-2013

Relates to the crime of aggravated murder involving certain business owners

Relates to the crime of aggravated murder involving certain business owners.

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  • Jan 8, 2014: REFERRED TO CODES
  • Jan 9, 2013: REFERRED TO CODES

Memo

BILL NUMBER:S300

TITLE OF BILL: An act to amend the penal law, in relation to the crime of aggravated murder involving certain business owners and their employees

PURPOSE: Relates to the crime of aggravated murder involving certain business owners.

SUMMARY OF PROVISIONS: Section 1. Amends paragraph (b) of subdivision 2 and the opening paragraph of subdivision 3 of section 125.26 of the penal law, paragraph (b) of subdivision 2 as added and the opening paragraph of subdivision 3 as amended by chapter 482 of the laws of 2009 are amended, subdivision 3 is renumbered subdivision 4 and a new subdivision 3 is added. Provides that aggravated murder shall include the death of business owner, when such death is caused during the normal course of such owner's employment.

Section 2. Amends Section 70.00, Subdivision 5 of the penal law. Provides that a defendant may be sentenced to life imprisonment without parole upon conviction for the crime of aggravated murder.

Section 3. Amends Section 60.06 of the penal law. Requires a sentence of life imprisonment without parole for a conviction of aggravated murder.

Section 4. Effective Date

EXISTING LAW: None.

JUSTIFICATION: Recent news accounts have reported three fatal murders involving livery cab drivers that occurred between May 10 and August 23,2009 in the Bronx. Jose Pena-Seguira, 42 was shot once in the head inside his cab. He was pronounced dead in a hospital approximately thirty minutes later. Ndiaye Amadau, 46 was fatally shot in the chest in his cab. Roberto Pinta, 37 was shot three times in the back during what was reported as a failed robbery.

A fourth cab driver, Pericles Salas, 32, was found shot in the head early on the morning of August 30,2009 in Yonkers, NY. His wife and young daughter survive him.

No one deserves to work under such stressful conditions and no one should have to fear for his or life while simply trying to do a job.

This legislation imposes a sentence of life imprisonment without parole upon conviction for the crime of aggravated murder of a cab or livery cab owner or employee, or the owner or employee of a grocery

store or bodega, when the murder occurs during the normal course of business.

LEGISLATIVE HISTORY: 2012: Referred to Crime Victims, Crime and Correction/A.1417 Referred to Codes

2011: S.1464 - Notice of Committee Consideration Requested, Discharged from Codes, Committed to Crime Victims, Crime and Correction/A.1417 - Referred to Codes

2009-10: S.6198-A - Reported and Committed to Finance/A.9160-A - Amend and Recommit to Codes

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: First of November next succeeding the date it becomes a law.


Text

STATE OF NEW YORK ________________________________________________________________________ S. 300 A. 21 2013-2014 Regular Sessions S E N A T E - A S S E M B L Y (PREFILED) January 9, 2013 ___________
IN SENATE -- Introduced by Sen. DIAZ -- read twice and ordered printed, and when printed to be committed to the Committee on Codes IN ASSEMBLY -- Introduced by M. of A. CRESPO -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to the crime of aggravated murder involving certain business owners and their employees THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (b) of subdivision 2 and the opening paragraph of subdivision 3 of section 125.26 of the penal law, paragraph (b) of subdivision 2 as added and the opening paragraph of subdivision 3 as amended by chapter 482 of the laws of 2009, are amended, subdivision 3 is renumbered subdivision 4 and a new subdivision 3 is added to read as follows: (b) The defendant was more than eighteen years old at the time of the commission of the crime[.]; OR 3. WITH INTENT TO CAUSE THE DEATH OF THE OWNER OF A GROCERY STORE, BODEGA, TAXI CAB OR LIVERY CAB, OR HIS OR HER EMPLOYEES, INCLUDING DRIV- ERS, WHILE SUCH PERSON IS ACTING IN THE NORMAL COURSE OF HIS OR HER EMPLOYMENT, HE OR SHE CAUSES THE DEATH OF SUCH PERSON. In any prosecution under subdivision one [or], two OR THREE of this section, it is an affirmative defense that: S 2. Subdivision 5 of section 70.00 of the penal law, as amended by chapter 482 of the laws of 2009, is amended to read as follows: 5. Life imprisonment without parole. Notwithstanding any other provision of law, a defendant sentenced to life imprisonment without parole shall not be or become eligible for parole or conditional release. For purposes of commitment and custody, other than parole and conditional release, such sentence shall be deemed to be an indetermi-
nate sentence. A defendant may be sentenced to life imprisonment with- out parole upon conviction for the crime of murder in the first degree as defined in section 125.27 of this chapter and in accordance with the procedures provided by law for imposing a sentence for such crime. A defendant must be sentenced to life imprisonment without parole upon conviction for the crime of terrorism as defined in section 490.25 of this chapter, where the specified offense the defendant committed is a class A-I felony; the crime of criminal possession of a chemical weapon or biological weapon in the first degree as defined in section 490.45 of this chapter; or the crime of criminal use of a chemical weapon or biological weapon in the first degree as defined in section 490.55 of this chapter; provided, however, that nothing in this subdivision shall preclude or prevent a sentence of death when the defendant is also convicted of the crime of murder in the first degree as defined in section 125.27 of this chapter. A defendant must be sentenced to life imprisonment without parole upon conviction for the crime of murder in the second degree as defined in subdivision five of section 125.25 of this chapter or for the crime of aggravated murder as defined in subdi- vision one of section 125.26 of this chapter. A defendant may be sentenced to life imprisonment without parole upon conviction for the crime of aggravated murder as defined in subdivision two OR THREE of section 125.26 of this chapter. S 3. Section 60.06 of the penal law, as amended by chapter 482 of the laws of 2009, is amended to read as follows: S 60.06 Authorized disposition; murder in the first degree offenders; aggravated murder offenders; certain murder in the second degree offenders; certain terrorism offenders; criminal possession of a chemical weapon or biological weapon offen- ders; criminal use of a chemical weapon or biological weapon offenders. When a defendant is convicted of murder in the first degree as defined in section 125.27 of this chapter, the court shall, in accordance with the provisions of section 400.27 of the criminal procedure law, sentence the defendant to death, to life imprisonment without parole in accord- ance with subdivision five of section 70.00 of this title, or to a term of imprisonment for a class A-I felony other than a sentence of life imprisonment without parole, in accordance with subdivisions one through three of section 70.00 of this title. When a person is convicted of murder in the second degree as defined in subdivision five of section 125.25 of this chapter or of the crime of aggravated murder as defined in subdivision one of section 125.26 of this chapter, the court shall sentence the defendant to life imprisonment without parole in accordance with subdivision five of section 70.00 of this title. When a defendant is convicted of the crime of terrorism as defined in section 490.25 of this chapter, and the specified offense the defendant committed is a class A-I felony offense, or when a defendant is convicted of the crime of criminal possession of a chemical weapon or biological weapon in the first degree as defined in section 490.45 of this chapter, or when a defendant is convicted of the crime of criminal use of a chemical weapon or biological weapon in the first degree as defined in section 490.55 of this chapter, the court shall sentence the defendant to life imprison- ment without parole in accordance with subdivision five of section 70.00 of this title; provided, however, that nothing in this section shall preclude or prevent a sentence of death when the defendant is also convicted of murder in the first degree as defined in section 125.27 of this chapter. When a defendant is convicted of aggravated murder as
defined in subdivision two OR THREE of section 125.26 of this chapter, the court shall sentence the defendant to life imprisonment without parole or to a term of imprisonment for a class A-I felony other than a sentence of life imprisonment without parole, in accordance with subdi- visions one through three of section 70.00 of this title. S 4. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law.

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