New York Assembly Bill A05116

New York 2025-2026 Regular Session

• Introduced: 2/12/25
• Refer: 2/12/25
• Refer: 1/7/26

Caption

Prohibits the release, on parole or otherwise, of persons convicted of first degree murder.

Summary

This bill amends New York’s penal law to eliminate the possibility of release, including parole or other forms of release, for people convicted of first-degree murder. Under current law, a person convicted of first-degree murder may be sentenced to death or life imprisonment without parole, and in some circumstances may receive another class A-I felony sentence. The bill removes the option for a term of imprisonment other than life without parole for first-degree murder, making life without parole the required sentence for that offense, while leaving existing sentencing rules for related offenses largely intact. The bill also preserves the existing sentencing framework for other serious crimes referenced in the statute, including certain second-degree murder, aggravated murder, terrorism offenses involving a class A-I felony, and first-degree chemical or biological weapon offenses. It takes effect immediately upon enactment, meaning the sentencing change would apply as soon as the law becomes effective.

Impact

The bill would narrow judicial sentencing discretion under Penal Law section 60.06 by requiring life imprisonment without parole for first-degree murder convictions and eliminating the alternative of a lesser class A-I felony sentence for that offense. It would not change the statutory treatment of other offenses listed in the same section, such as aggravated murder, terrorism-related class A-I felonies, or chemical/biological weapon offenses, which would continue to carry existing life-without-parole or other authorized penalties. The practical effect would be to make first-degree murder sentences more uniform and more severe, with no possibility of parole or other release for those convicted under the statute.

Sentiment

The available legislative history suggests the bill has been treated as a serious public-safety measure, but not one that has advanced without scrutiny. In committee, the Assembly Codes Committee voted 13-5 to hold the bill for consideration, indicating meaningful support but also notable hesitation. No transcript excerpts are available, so the broader discussion cannot be directly characterized, but the committee vote suggests the proposal is viewed as consequential and potentially controversial rather than routine.

Contention

The main point of contention is the removal of any sentencing option short of life without parole for first-degree murder, which reduces judicial discretion and forecloses the possibility of a lesser class A-I felony sentence. Supporters are likely to emphasize finality, incapacitation, and public safety for the most serious homicide offense, while opponents may object to the mandatory nature of the penalty and the elimination of individualized sentencing in rare cases. The committee’s decision to hold the bill for consideration, along with the 5 nays, indicates that the severity and rigidity of the sentencing change are the central issues dividing lawmakers.