Bill S7771-2011

Makes certain crimes of murder in the second degree and aggravated murder punishable by death

Makes certain crimes of murder in the second degree and aggravated murder punishable by death.

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  • Jun 18, 2012: REFERRED TO RULES

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BILL NUMBER:S7771

TITLE OF BILL: An act to amend the penal law, in relation to making certain crimes of murder in the second degree and aggravated murder punishable by death

PURPOSE: Makes certain crimes of murder in the second degree and aggravated murder punishable by death.

SUMMARY OF PROVISIONS: Section 1 amends section 60.06 of the penal law to add murder in the second degree and aggravated murder to the crimes punishable by death or life imprisonment without parole.

JUSTIFICATION: There are crimes and criminals that deserve a harsher punishment than life in prison without the possibility of parole. Certain crimes are so heinous that they need to be treated differently under the law. Some criminals, such as those who murder police officers, are too dangerous to be housed among other inmates and guards, or released into our society. This leaves only the option of the death penalty, which this bill will prescribe for certain crimes that fit the above definition.

LEGISLATIVE HISTORY: New legislation.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately and shall apply to offenses committed on or after such effective date.


Text

STATE OF NEW YORK ________________________________________________________________________ 7771 IN SENATE June 18, 2012 ___________
Introduced by Sen. STOROBIN -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the penal law, in relation to making certain crimes of murder in the second degree and aggravated murder punishable by death THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. 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, MURDER IN THE SECOND DEGREE AS DEFINED IN SUBDIVISION FIVE OF SECTION 125.25 OF THIS CHAPTER OR AGGRA- VATED MURDER AS DEFINED IN SUBDIVISION TWO OF SECTION 125.26 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 accordance 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 spec- ified 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 imprisonment 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 subdi- vision two of section 125.26 of this chapter, the court shall sentence the defendant to life imprisonment without parole or to a term of impri- sonment for a class A-I felony other than a sentence of life imprison- ment without parole, in accordance with subdivisions one through three of section 70.00 of this title.] S 2. This act shall take effect immediately and shall apply to offenses committed on or after such effective date.

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