New York 2025-2026 Regular Session

New York Senate Bill S05291 Latest Draft

Bill / Introduced Version Filed 02/20/2025

   
  STATE OF NEW YORK ________________________________________________________________________ 5291 2025-2026 Regular Sessions  IN SENATE February 20, 2025 ___________ Introduced by Sens. SEPULVEDA, SALAZAR -- read twice and ordered print- ed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, the correction law, the criminal proce- dure law, and the administrative code of the city of New York, in relation to ending the imposition of a sentence of life without parole or death; and to repeal certain provisions of the penal law, the correction law, the criminal procedure law, the county law, the execu- tive law, and the judiciary law, relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 2 of section 60.05 of the penal law, as amended 2 by chapter 738 of the laws of 2004, is amended to read as follows: 3 2. Class A felony. Except as provided in subdivisions three and four 4 of section 70.06 of this chapter, every person convicted of a class A 5 felony must be sentenced to imprisonment in accordance with section 6 70.00 of this title[, unless such person is convicted of murder in the 7 first degree and is sentenced in accordance with section 60.06 of this 8 article]. 9 § 2. Section 60.06 of the penal law is REPEALED. 10 § 3. Subparagraph (i) of paragraph (a) of subdivision 3 of section 11 70.00 of the penal law, as amended by chapter 107 of the laws of 2006, 12 is amended to read as follows: 13 (i) For a class A-I felony, such minimum period shall not be less than 14 fifteen years nor more than twenty-five years; provided, however, that 15 (A) where a sentence, other than a sentence of death or life imprison- 16 ment [without parole], is imposed upon a defendant convicted of murder 17 in the first degree as defined in section 125.27 of this chapter such 18 minimum period shall be not less than twenty years nor more than twen- 19 ty-five years, and, (B) where a sentence is imposed upon a defendant 20 convicted of murder in the second degree as defined in subdivision five 21 of section 125.25 of this chapter or convicted of aggravated murder as EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08591-01-5 

 S. 5291 2 1 defined in section 125.26 of this chapter, the sentence shall be life 2 imprisonment [without parole], and, (C) where a sentence is imposed upon 3 a defendant convicted of attempted murder in the first degree as defined 4 in article one hundred ten of this chapter and subparagraph (i), (ii) or 5 (iii) of paragraph (a) of subdivision one and paragraph (b) of subdivi- 6 sion one of section 125.27 of this chapter or attempted aggravated 7 murder as defined in article one hundred ten of this chapter and section 8 125.26 of this chapter such minimum period shall be not less than twenty 9 years nor more than forty years. 10 § 4. Subdivision 5 of section 70.00 of the penal law is REPEALED. 11 § 5. Subdivision 2-a of section 70.20 of the penal law is REPEALED. 12 § 6. Subdivision 3 and paragraph (a) of subdivision 7 of section 70.80 13 of the penal law, as added by chapter 7 of the laws of 2007, are amended 14 to read as follows: 15 3. Except as provided by subdivision four, five, six, seven or eight 16 of this section, or when a defendant is being sentenced for a conviction 17 of the class A-II felonies of predatory sexual assault and predatory 18 sexual assault against a child as defined in sections 130.95 and 130.96 19 of this chapter, or for any class A-I sexually motivated felony for 20 which a life sentence [or a life without parole sentence] must be 21 imposed, a sentence imposed upon a defendant convicted of a felony sex 22 offense shall be a determinate sentence. The determinate sentence shall 23 be imposed by the court in whole or half years, and shall include as a 24 part thereof a period of post-release supervision in accordance with 25 subdivision two-a of section 70.45 of this article. Persons eligible for 26 sentencing under section 70.07 of this article governing second child 27 sexual assault felonies shall be sentenced under such section and para- 28 graph (j) of subdivision two-a of section 70.45 of this article. 29 (a) [section 60.06 of this chapter and] section 70.00 of this arti- 30 cle[, as applicable,] if such offense is a class A-I felony; and 31 § 7. Paragraph (d) of subdivision 2 of section 490.25 of the penal law 32 is REPEALED. 33 § 8. The closing paragraph of section 490.28 of the penal law is 34 REPEALED. 35 § 9. Section 113 of the correction law, as amended by chapter 322 of 36 the laws of 2021, is amended to read as follows: 37 § 113. Absence of incarcerated individual for funeral and deathbed 38 visits authorized. The commissioner may permit any incarcerated individ- 39 ual confined by the department [except one awaiting the sentence of 40 death] to attend the funeral of [his or her father, mother] such indi- 41 vidual's parent, guardian or former guardian, child, [brother, sister] 42 sibling, [husband, wife] spouse, grandparent, grandchild, [ancestral 43 uncle] or [ancestral aunt] parent's sibling within the state, or to 44 visit such individual during [his or her] their illness if death be 45 imminent; but the exercise of such power shall be subject to such rules 46 and regulations as the commissioner shall prescribe, respecting the 47 granting of such permission, duration of absence from the institution, 48 custody, transportation and care of the incarcerated individual, and 49 guarding against escape. Any expense incurred under the provisions of 50 this section, with respect to any incarcerated individual permitted to 51 attend a funeral or visit a relative during last illness, shall be 52 deemed an expense of maintenance of the institution and be paid from 53 moneys available therefor; but the superintendent, if the rules and 54 regulations of the commissioner shall so provide, may allow the incar- 55 cerated individual or anyone in [his or her] such individual's behalf to 56 reimburse the state for such expense. 

 S. 5291 3 1 § 10. Section 130 of the correction law is REPEALED. 2 § 11. Subdivision 2 of section 136 of the correction law, as amended 3 by chapter 322 of the laws of 2021, is amended to read as follows: 4 2. All incarcerated individuals admitted to the department serving a 5 determinate term of imprisonment, or an indeterminate sentence of impri- 6 sonment [other than a sentence of life imprisonment without parole], who 7 have been evaluated upon admission pursuant to subdivision one of 8 section one hundred thirty-seven of this article and are determined to 9 be capable of successfully completing the academic course work required 10 for the test assessing secondary completion, shall be provided with the 11 opportunity to complete such course work at least two months prior to 12 the date on which such incarcerated individual may be paroled, condi- 13 tionally released, released to post-release supervision pursuant to 14 section 70.40 of the penal law, or presumptively released, pursuant to 15 section eight hundred three of this chapter. Upon admission to the 16 department, such incarcerated individuals will be provided with written 17 notice that the test assessing secondary completion programs are avail- 18 able for all incarcerated individuals who so apply. 19 § 12. Article 22-B of the correction law is REPEALED. 20 § 13. Paragraph (b) of subdivision 1 of section 195.10 of the criminal 21 procedure law, as amended by chapter 401 of the laws of 2008, is amended 22 to read as follows: 23 (b) the defendant is not charged with a class A felony punishable by 24 [death or] life imprisonment; and 25 § 14. Paragraph (e) of subdivision 5 of section 220.10 of the criminal 26 procedure law, as amended by chapter 1 of the laws of 1995, is amended 27 to read as follows: 28 (e) A defendant may not enter a plea of guilty to the crime of murder 29 in the first degree as defined in section 125.27 of the penal law; 30 provided, however, that a defendant may enter such a plea with both the 31 permission of the court and the consent of the people when the agreed 32 upon sentence is [either life imprisonment without parole or] a term of 33 imprisonment for the class A-I felony of murder in the first degree 34 [other than a sentence of life imprisonment without parole]. 35 § 15. Subparagraph (vii) of paragraph (b) of subdivision 3 of section 36 220.30 of the criminal procedure law, as amended by chapter 1 of the 37 laws of 1995, is amended to read as follows: 38 (vii) A defendant may not enter a plea of guilty to the crime of 39 murder in the first degree as defined in section 125.27 of the penal 40 law; provided, however, that a defendant may enter such a plea with both 41 the permission of the court and the consent of the people when the 42 agreed upon sentence is [either life imprisonment without parole or] a 43 term of imprisonment for the class A-I felony of murder in the first 44 degree [other than a sentence of life imprisonment without parole]. 45 § 16. Section 250.40 of the criminal procedure law is REPEALED. 46 § 17. Section 270.16 of the criminal procedure law is REPEALED. 47 § 18. Paragraphs (e) and (f) of subdivision 1 of section 270.20 of the 48 criminal procedure law, paragraph (e) as amended by chapter 68 of the 49 laws of 1989 and paragraph (f) as amended by chapter 1 of the laws of 50 1995, are amended to read as follows: 51 (e) [He] Such juror served on the grand jury which found the indict- 52 ment in issue or served on a trial jury in a prior civil or criminal 53 action involving the same incident charged in such indictment[; or 54 (f) The crime charged may be punishable by death and the prospective 55 juror entertains such conscientious opinions either against or in favor 56 of such punishment as to preclude such juror from rendering an impartial 

 S. 5291 4  1 verdict or from properly exercising the discretion conferred upon such 2 juror by law in the determination of a sentence pursuant to section 3 400.27]. 4 § 19. Subdivision 2 of section 270.30 of the criminal procedure law is 5 REPEALED. 6 § 20. Section 270.55 of the criminal procedure law is REPEALED. 7 § 21. Section 310.80 of the criminal procedure law, as amended by 8 chapter 1 of the laws of 1995, is amended to read as follows: 9 § 310.80 Recording and checking of verdict and polling of jury. 10 After a verdict has been rendered, it must be recorded on the minutes 11 and read to the jury, and the jurors must be collectively asked whether 12 such is their verdict. Even though no juror makes any declaration in the 13 negative, the jury must, if either party makes such an application, be 14 polled and each juror separately asked whether the verdict announced by 15 the [foreman] foreperson is in all respects [his] such juror's verdict. 16 If upon either the collective or the separate inquiry any juror answers 17 in the negative, the court must refuse to accept the verdict and must 18 direct the jury to resume its deliberation. If no disagreement is 19 expressed, the jury must be discharged from the case[, except as other- 20 wise provided in section 400.27]. 21 § 22. Section 380.60 of the criminal procedure law, as amended by 22 chapter 177 of the laws of 2011, is amended to read as follows: 23 § 380.60 Authority for the execution of sentence. 24 [Except where a sentence of death is pronounced, a] A sentence and 25 commitment or certificate of conviction showing the sentence pronounced 26 by the court, or a certified copy thereof, constitutes the authority for 27 execution of the sentence and serves as the order of commitment, and no 28 other warrant, order of commitment or authority is necessary to justify 29 or to require execution of the sentence. 30 § 23. Section 400.27 of the criminal procedure law is REPEALED. 31 § 24. Subdivision 1 of section 440.20 of the criminal procedure law, 32 as amended by chapter 1 of the laws of 1995, is amended to read as 33 follows: 34 1. At any time after the entry of a judgment, the court in which the 35 judgment was entered may, upon motion of the defendant, set aside the 36 sentence upon the ground that it was unauthorized, illegally imposed or 37 otherwise invalid as a matter of law. [Where the judgment includes a 38 sentence of death, the court may also set aside the sentence upon any of 39 the grounds set forth in paragraph (b), (c), (f), (g) or (h) of subdivi- 40 sion one of section 440.10 as applied to a separate sentencing proceed- 41 ing under section 400.27, provided, however, that to the extent the 42 ground or grounds asserted include one or more of the aforesaid para- 43 graphs of subdivision one of section 440.10, the court must also apply 44 subdivisions two and three of section 440.10, other than paragraph (d) 45 of subdivision two of such section, in determining the motion. In the 46 event the court enters an order granting a motion to set aside a 47 sentence of death under this section, the court must either direct a new 48 sentencing proceeding in accordance with section 400.27 or, to the 49 extent that the defendant cannot be resentenced to death consistent with 50 the laws of this state or the constitution of this state or of the 51 United States, resentence the defendant to life imprisonment without 52 parole or to a sentence of imprisonment for the class A-I felony of 53 murder in the first degree other than a sentence of life imprisonment 54 without parole. Upon granting the motion upon any of the grounds set 55 forth in the aforesaid paragraphs of subdivision one of section 440.10 56 and setting aside the sentence, the court must afford the people a 

 S. 5291 5  1 reasonable period of time, which shall not be less than ten days, to 2 determine whether to take an appeal from the order setting aside the 3 sentence of death. The taking of an appeal by the people stays the 4 effectiveness of that portion of the court's order that directs a new 5 sentencing proceeding.] 6 § 25. Section 450.10 of the criminal procedure law, as amended by 7 chapter 671 of the laws of 1971, subdivisions 1 and 2 as amended by 8 chapter 671 of the laws of 1984, subdivision 3 as added and subdivision 9 4 as renumbered by chapter 516 of the laws of 1986 and subdivision 5 as 10 added by chapter 560 of the laws of 1999, is amended to read as follows: 11 § 450.10 Appeal by defendant to intermediate appellate court; in what 12 cases authorized as of right. 13 An appeal to an intermediate appellate court may be taken as of right 14 by the defendant from the following judgment, sentence and order of a 15 criminal court: 16 1. A judgment [other than one including a sentence of death], unless 17 the appeal is based solely upon the ground that a sentence was harsh or 18 excessive when such sentence was predicated upon entry of a plea of 19 guilty and the sentence imposed did not exceed that which was agreed to 20 by the defendant as a condition of the plea and set forth on the record 21 or filed with the court as required by subdivision five of section 22 220.50 or subdivision four of section 340.20; 23 2. A sentence [other than one of death], as prescribed in subdivision 24 one of section 450.30, unless the appeal is based solely upon the ground 25 that a sentence was harsh or excessive when such sentence was predicated 26 upon entry of a plea of guilty and the sentence imposed did not exceed 27 that which was agreed to by the defendant as a condition of the plea and 28 set forth in the record or filed with the court as required by subdivi- 29 sion five of section 220.50 or subdivision four of section 340.20; 30 3. A sentence including an order of criminal forfeiture entered pursu- 31 ant to section 460.30 of the penal law with respect to such forfeiture 32 order. 33 4. An order, entered pursuant to section 440.40, setting aside a 34 sentence [other than one of death], upon motion of the People. 35 5. An order denying a motion, made pursuant to subdivision one-a of 36 section 440.30, for forensic DNA testing of evidence. 37 § 26. Section 450.15 of the criminal procedure law, as amended by 38 chapter 671 of the laws of 1984, is amended to read as follows: 39 § 450.15 Appeal by defendant to intermediate appellate court; in what 40 cases authorized by permission. 41 If an appeal by defendant is not authorized as of right pursuant to 42 section 450.10, the defendant may appeal from the following orders of a 43 criminal court, provided that a certificate granting leave to appeal is 44 issued pursuant to section 460.15: 45 1. An order denying a motion, made pursuant to section 440.10, to 46 vacate a judgment [other than one including a sentence of death]; 47 2. An order denying a motion by the defendant made pursuant to section 48 440.20, to set aside a sentence [other than one of death]; 49 3. A sentence which is not otherwise appealable as of right pursuant 50 to subdivision one or two of section 450.10. 51 § 27. Subdivisions 4, 5, 6 and 7 of section 450.20 of the criminal 52 procedure law are amended to read as follows: 53 4. A sentence [other than one of death,] as prescribed in subdivisions 54 two and three of section 450.30; 55 5. An order, entered pursuant to section 440.10, vacating a judgment 56 [other than one including a sentence of death]; 

 S. 5291 6 1 6. An order, entered pursuant to section 440.20, setting aside a 2 sentence [other than one of death]; 3 7. An order denying a motion by the people, made pursuant to section 4 440.40, to set aside a sentence [other than one of death]; 5 § 28. Subdivision 10 of section 450.20 of the criminal procedure law 6 is REPEALED and subdivisions 11 and 12 are renumbered subdivisions 10 7 and 11. 8 § 29. Section 450.70 of the criminal procedure law is REPEALED. 9 § 30. Section 450.80 of the criminal procedure law is REPEALED. 10 § 31. Section 460.40 of the criminal procedure law, as amended by 11 chapter 209 of the laws of 1990, subdivision 2 as amended and subdivi- 12 sion 3 as added by chapter 1 of the laws of 1995, is amended to read as 13 follows: 14 § 460.40 Effect of taking of appeal upon judgment or order of courts 15 below; when stayed. 16 [1. The taking of an appeal by the defendant directly to the court of 17 appeals, pursuant to subdivision one of section 450.70, from a superior 18 court judgment including a sentence of death stays the execution of such 19 sentence. Except as provided in subdivision two of this section, in no 20 other case does the taking of an appeal, by either party, in and of 21 itself stay the execution of any judgment, sentence or order of either a 22 criminal court or an intermediate appellate court. 23 2.] The taking of an appeal by the people to an intermediate appellate 24 court pursuant to subdivision one-a of section 450.20, from an order 25 reducing a count or counts of an indictment or dismissing an indictment 26 and directing the filing of a prosecutor's information, stays the effect 27 of such order. In addition, the taking of an appeal by the people to an 28 intermediate appellate court pursuant to subdivision one of section 29 450.20, from an order dismissing a count or counts of an indictment 30 charging murder in the first degree, stays the effect of such order. 31 [3. Within six months of the effective date of this subdivision, the 32 court of appeals shall adopt rules to ensure that a defendant is granted 33 a stay of the execution of any death warrant issued pursuant to article 34 twenty-two-B of the correction law to allow the defendant an opportunity 35 to prepare and timely file an initial motion pursuant to section 440.10 36 or 440.20 seeking to set aside a sentence of death or vacate a judgment 37 including a sentence of death and to allow the motion and any appeal 38 from the denial thereof to be timely determined. The rules shall provide 39 that in the event a defendant seeks to file any subsequent motion with 40 respect to the judgment or sentence following a final determination of 41 the defendant's initial motion pursuant to section 440.10 or 440.20, a 42 motion for a stay of the execution of the death warrant may only be 43 granted for good cause shown. The people and the defendant shall have a 44 right to appeal to the court of appeals from orders granting or denying 45 such stay motions and any rules adopted pursuant to this subdivision 46 shall provide that the court of appeals may affirm such orders, reverse 47 them or modify them upon such terms as the court deems appropriate and 48 shall provide for the expeditious perfection and determination of such 49 appeals. Prior to adoption of the rules, the court of appeals shall 50 issue proposed rules and receive written comments thereon from inter- 51 ested parties.] 52 § 32. Section 470.30 of the criminal procedure law, as amended by 53 chapter 1 of the laws of 1995, is amended to read as follows: 54 § 470.30 Determination by court of appeals of appeals taken directly 55 thereto from judgments and orders of criminal courts. 

 S. 5291 7 1 1. Wherever appropriate, the rules set forth in sections 470.15 and 2 470.20, governing the consideration and determination by intermediate 3 appellate courts of appeals thereto from judgments and orders of crimi- 4 nal courts, and prescribing their scope of review and the corrective 5 action to be taken by them upon reversal or modification, apply equally 6 to the consideration and determination by the court of appeals of 7 appeals taken directly thereto[, pursuant to sections 450.70 and 8 450.80,] from judgments and orders of superior criminal courts. 9 [2. Whenever a sentence of death is imposed, the judgment and sentence 10 shall be reviewed on the record by the court of appeals. Review by the 11 court of appeals pursuant to subdivision one of section 450.70 may not 12 be waived. 13 3. With regard to the sentence, the court shall, in addition to exer- 14 cising the powers and scope of review granted under subdivision one of 15 this section, determine: 16 (a) whether the sentence of death was imposed under the influence of 17 passion, prejudice, or any other arbitrary or legally impermissible 18 factor including whether the imposition of the verdict or sentence was 19 based upon the race of the defendant or a victim of the crime for which 20 the defendant was convicted; 21 (b) whether the sentence of death is excessive or disproportionate to 22 the penalty imposed in similar cases considering both the crime and the 23 defendant. In conducting such review the court, upon request of the 24 defendant, in addition to any other determination, shall review whether 25 the sentence of death is excessive or disproportionate to the penalty 26 imposed in similar cases by virtue of the race of the defendant or a 27 victim of the crime for which the defendant was convicted; and 28 (c) whether the decision to impose the sentence of death was against 29 the weight of the evidence. 30 4. The court shall include in its decision: 31 (a) the aggravating and mitigating factors established in the record 32 on appeal; and 33 (b) those similar cases it took into consideration. 34 5. In addition to exercising any other corrective action pursuant to 35 subdivision one of this section, the court, with regard to review of a 36 sentence of death, shall be authorized to: 37 (a) affirm the sentence of death; or 38 (b) set the sentence aside and remand the case for resentencing pursu- 39 ant to the procedures set forth in section 400.27 for a determination as 40 to whether the defendant shall be sentenced to death, life imprisonment 41 without parole or to a term of imprisonment for the class A-I felony of 42 murder in the first degree other than a sentence of life imprisonment 43 without parole; or 44 (c) set the sentence aside and remand the case for resentencing by the 45 court for a determination as to whether the defendant shall be sentenced 46 to life imprisonment without parole or to a term of imprisonment for the 47 class A-I felony of murder in the first degree other than a sentence of 48 life imprisonment without parole.] 49 § 33. Subdivision 4 of section 630.20 of the criminal procedure law is 50 REPEALED. 51 § 34. Subdivision 1 of section 650.20 of the criminal procedure law is 52 amended to read as follows: 53 1. When (a) a criminal action is pending in a court of record of this 54 state, or a grand jury proceeding has been commenced, and (b) there is 55 reasonable cause to believe that a person confined in a correctional 56 institution or prison of another state, other than a person [awaiting 

 S. 5291 8  1 execution of a sentence of death or one] confined as mentally ill or as 2 a defective delinquent, possesses information material to such criminal 3 action or proceeding, and (c) the attendance of such person as a witness 4 in such action or proceeding is desired by a party thereto, and (d) the 5 state in which such person is confined possesses a statute equivalent to 6 section 650.10, the court in which such action or proceeding is pending 7 may issue a certificate under the seal of such court, certifying all 8 such facts and that the attendance of such person as a witness in such 9 court is required for a specified number of days. 10 § 35. Section 707 of the county law is REPEALED. 11 § 36. Section 63-d of the executive law is REPEALED. 12 § 37. Section 837-l of the executive law is REPEALED. 13 § 38. Section 35-b of the judiciary law is REPEALED. 14 § 39. Section 211-a of the judiciary law is REPEALED. 15 § 40. Subdivision c of section 24-355 of the administrative code of 16 the city of New York is amended to read as follows: 17 c. It shall be the special duty of the persons so appointed to prevent 18 breaches of the peace and unlawful depredations and to arrest and bring 19 before the proper magistrates persons employed on such works or found in 20 the vicinity thereof, who are guilty of offenses against the law punish- 21 able by [death,] imprisonment or fines, or persons whom they may have 22 reasonable cause to believe to be guilty of such offenses. 23 § 41. This act shall take effect on the one hundred twentieth day 24 after it shall have become a law.