NY A05489

Limits capital punishment eligibility to defendants convicted of murder in the first degree under specific subparagraphs (I, III, or XIII) of Penal Law Section 125.27, rather than all murder in the first degree convictions.

Adds a third sentencing option for juries: imprisonment for 20-25 years (minimum, determined by court) with a maximum term of life imprisonment, in addition to death penalty or life without parole.

Requires jury unanimity on any sentence imposed, and mandates that if the jury fails to reach unanimous agreement, the court must sentence the defendant to life imprisonment without parole (instead of 20-25 years).

Allows prosecutors to decline seeking the death penalty at any time, in which case the separate sentencing proceeding is not conducted and the court may impose life without parole or the 20-25 year sentence.

Takes effect immediately and applies to crimes committed before, on, or after the effective date of the act.