Senate Bill S7771

2011-2012 Legislative Session

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

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Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2011-S7771 (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
Penal Law
Laws Affected:
Amd §60.06, Pen L

2011-S7771 (ACTIVE) - Summary

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

2011-S7771 (ACTIVE) - Sponsor Memo

2011-S7771 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7771

                            I N  S E N A T E

                              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

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

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