] is old law to be omitted. LBD02405-01-5A. 592 2 1 this chapter, and the specified offense the defendant committed is a 2 class A-I felony offense, or when a defendant is convicted of the crime 3 of criminal possession of a chemical weapon or biological weapon in the 4 first degree as defined in section 490.45 of this chapter, or when a 5 defendant is convicted of the crime of criminal use of a chemical weapon 6 or biological weapon in the first degree as defined in section 490.55 of 7 this chapter, the court shall sentence the defendant to life imprison- 8 ment without parole in accordance with subdivision five of section 70.00 9 of this title; provided, however, that nothing in this section shall 10 preclude or prevent a sentence of death when the defendant is also 11 convicted of murder in the first degree as defined in section 125.27 of 12 this chapter. When a defendant is convicted of aggravated murder as 13 defined in subdivision two of section 125.26 of this chapter, the court 14 shall sentence the defendant to life imprisonment without parole or to a 15 term of imprisonment for a class A-I felony other than a sentence of 16 life imprisonment without parole, in accordance with subdivisions one 17 through three of section 70.00 of this title. 18 § 2. Subdivision 5 of section 70.00 of the penal law, as amended by 19 section 40-a of part WWW of chapter 59 of the laws of 2017, is amended 20 to read as follows: 21 5. Life imprisonment without parole. Notwithstanding any other 22 provision of law, a defendant sentenced to life imprisonment without 23 parole shall not be or become eligible for parole or conditional 24 release. For purposes of commitment and custody, other than parole and 25 conditional release, such sentence shall be deemed to be an indetermi- 26 nate sentence. A defendant may be sentenced to life imprisonment without 27 parole upon conviction for the crime of murder in the first degree as 28 defined in section 125.27 of this chapter and in accordance with the 29 procedures provided by law for imposing a sentence for such crime. A 30 defendant who was eighteen years of age or older at the time of the 31 commission of the crime must be sentenced to life imprisonment without 32 parole upon conviction for the crime of terrorism as defined in section 33 490.25 of this chapter, where the specified offense the defendant 34 committed is a class A-I felony; the crime of criminal possession of a 35 chemical weapon or biological weapon in the first degree as defined in 36 section 490.45 of this chapter; or the crime of criminal use of a chemi- 37 cal weapon or biological weapon in the first degree as defined in 38 section 490.55 of this chapter; provided, however, that nothing in this 39 subdivision shall preclude or prevent a sentence of death when the 40 defendant is also convicted of the crime of murder in the first degree 41 as defined in section 125.27 of this chapter. A defendant who was seven- 42 teen years of age or younger at the time of the commission of the crime 43 may be sentenced, in accordance with law, to the applicable indetermi- 44 nate sentence with a maximum term of life imprisonment. A defendant must 45 be sentenced to life imprisonment without parole upon conviction for the 46 crime of murder in the first degree as defined in subparagraph (i) of 47 paragraph (a) of subdivision one of section 125.27 of this chapter. A 48 defendant must be sentenced to life imprisonment without parole upon 49 conviction for the crime of murder in the second degree as defined in 50 subdivision five of section 125.25 of this chapter or for the crime of 51 aggravated murder as defined in subdivision one of section 125.26 of 52 this chapter. A defendant may be sentenced to life imprisonment without 53 parole upon conviction for the crime of aggravated murder as defined in 54 subdivision two of section 125.26 of this chapter. 55 § 3. This act shall take effect on the first of November next succeed- 56 ing the date on which it shall have become a law.