NY A10564

Adds a new aggravating factor (subparagraph xiv) to murder in the first degree when a defendant intentionally selects a victim based on actual or perceived race, color, national origin, ancestry, gender, gender identity or expression, religion, religious practice, age, disability, or sexual orientation.

Modifies sentencing requirements so that conviction for murder in the first degree under the new hate-based selection provision (or certain other specified provisions) results in either death penalty or life imprisonment without parole, with no intermediate sentencing options.

Changes jury instructions in capital cases to require unanimity on the sentence imposed and specifies that if the jury fails to reach unanimous agreement, the court must impose life imprisonment without parole instead of a 20-25 year minimum sentence.

Removes the option for courts to impose sentences other than death or life without parole for murder in the first degree convictions involving the new hate-based victim selection aggravating factor and certain other specified murder provisions.

Effective immediately upon enactment and applies to offenses committed on or after the effective date.