Provides that a person convicted of murder in the first or second degree, or aggravated murder, in the death of a child who is less than thirteen years old shall be sentenced to life imprisonment without parole.
Summary
A02013 would amend New York’s penal law to require a sentence of life imprisonment without parole for certain homicide convictions when the victim is a child under 13 years old. Specifically, it adds first-degree murder involving a victim under 13 to the list of crimes requiring life without parole, and it also makes second-degree murder and aggravated murder involving a victim under 13 subject to the same mandatory sentence. The bill also makes conforming changes to the sentencing provisions governing class A-I felonies and life-without-parole sentences.
In practical terms, the bill removes judicial discretion and parole eligibility for defendants convicted of these offenses involving very young children. It would affect sentencing under Penal Law sections 70.00, 125.25, 125.26, and 125.27, and it would apply immediately upon enactment. The measure is aimed at strengthening punishment for the most serious child-homicide cases and ensuring that such offenders remain incarcerated for life without the possibility of release.
Impact
The bill would expand New York’s mandatory life-without-parole sentencing scheme to include murder in the first degree, murder in the second degree, and aggravated murder when the victim is under 13 years old. It would amend Penal Law sentencing provisions to eliminate parole and conditional release eligibility for those convictions, while preserving existing sentencing rules for other offenses. The change would directly affect prosecutors, judges, defendants convicted of these crimes, and the Department of Corrections and Community Supervision by increasing the number of cases requiring permanent incarceration.
Sentiment
The available voting history suggests generally favorable support in committee, with the Assembly Codes Committee voting 16-6 to hold the bill for consideration. The bill’s caption and structure indicate a punitive, victim-protection approach that is likely to appeal to lawmakers seeking tougher penalties for crimes against children. At the same time, the fact that it was held rather than advanced outright suggests there may be unresolved concerns or a need for further review before final action.
Contention
The main point of contention is likely the mandatory nature of the sentence: the bill removes sentencing discretion and requires life without parole for all covered cases, regardless of mitigating circumstances. Supporters are likely to emphasize the age of the victim and the severity of the offense, while opponents may raise concerns about proportionality, judicial discretion, and whether mandatory sentencing is appropriate in every case. The committee vote of 16-6 indicates that, although the bill has support, there is meaningful disagreement about whether this sentencing expansion is the right policy response.
Same As
Provides that a person convicted of murder in the first or second degree, or aggravated murder, in the death of a child who is less than thirteen years old shall be sentenced to life imprisonment without parole.
Provides that a person convicted of murder in the first or second degree, or aggravated murder, in the death of a child who is less than thirteen years old shall be sentenced to life imprisonment without parole.
Provides that a person convicted of murder in the first or second degree, or aggravated murder, in the death of a minor shall be sentenced to life imprisonment without parole.
Provides that a person convicted of murder in the first or second degree, or aggravated murder, in the death of a minor shall be sentenced to life imprisonment without parole.
Labor: fair employment practices; penalty for wage and fringe benefit payment violations with the intent to defraud; increase. Amends sec. 15 of 1978 PA 390 (MCL 408.485).