S300-2013 Actions

• Jan 9, 2013: REFERRED TO CODES

S300-2013 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.

S300-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 S. 300                                                     A. 21
 2013-2014 Regular Sessions
 SENATE - ASSEMBLY
 (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
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00875-01-3
 
       S. 300                              2                              A. 21
 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
 
       S. 300                              3                              A. 21
 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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