senate Bill S488

Creates a new subdivision of manslaughter in the first degree; modifies the existing depraved indifference part of murder in the 2nd degree

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 05 / Jan / 2011
    • REFERRED TO CODES
  • 04 / Jan / 2012
    • REFERRED TO CODES

Summary

Establishes a person is guilty of manslaughter in the first degree when he or she recklessly causes the death of another person by means of a deadly weapon or deadly instrument; establishes a person is guilty of murder in the second degree when he or she under circumstances evincing a depraved indifference to the life of another person, intentionally engages in conduct which creates a grave risk of death to another person, and thereby causes the death of another person; establishes two of the situations where a person is guilty of murder in the second degree are not mutually exclusive.

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Bill Details

See Assembly Version of this Bill:
A1095
Versions:
S488
Legislative Cycle:
2011-2012
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §§125.20 & 125.25, add §125.24, Pen L
Versions Introduced in Previous Legislative Cycles:
2009-2010: S624, A2945
2007-2008: A11269

Sponsor Memo

BILL NUMBER:S488

TITLE OF BILL:
An act
to amend the penal law, in relation to the crimes of manslaughter in
the first degree and murder in the second degree

SUMMARY OF PROVISIONS:
Section 1; subdivision 4 of section 125.20 of the penal law as added
by chapter 477 of the laws of 1990, is amended and a new subdivision
5 is added. Section 2; subdivision 2 of section 125.25 of the penal
law, as amended by chapter 791 of the laws of 1967 is amended.
Section 3 adds new section 125.24 murder in the second degree; no
defense. section 4 states the effective date.

JUSTIFICATION:
On July 11, 1999 Walter Casper planned and carried out the murder of
his wife Cathy by driving their van into a pull-off in Naples, New
York, in the only area that was unencumbered by trees, and jumping
out of the van just prior to it going over a 300 foot cliff, carrying
Cathy to her death. He has shown no remorse and has never taken
responsibility for his actions, although he confessed to the crime
prior to his arrest. He was tried and found guilty of Murder in the
2nd degree--Depraved Indifference Murder. Due to a change in the
interpretation of this law, years later, by the Court of Appeals in
Albany, Casper filed an appeal and his murder conviction was reduced
to 2nd Degree Manslaughter. Instead of his original sentence of 25
years to life, he now only has to serve 5-15 years under the reduced
sentence, and could be released on parole at anytime. It is also a
matter of public safety that Walter Casper not be released into our
community. He should not be free to harm anyone else.
This bill would fix this problem with the penal law, so a person like
Walter Casper will pay for his action and not be able to harm anyone
else.

LEGISLATIVE HISTORY:
2007 Passed Senate

EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become law

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   488

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in relation to the crimes of manslaughter
  in the first degree and murder in the second degree

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subdivision 4 of section 125.20 of the penal law, as added
by chapter 477 of the laws of 1990, is amended and a new  subdivision  5
is added to read as follows:
  4.  Being eighteen years old or more and with intent to cause physical
injury to a person less than eleven years old, the defendant  recklessly
engages in conduct which creates a grave risk of serious physical injury
to such person and thereby causes the death of such person[.]; OR
  5.  THE  DEFENDANT  RECKLESSLY  CAUSES  THE DEATH OF ANOTHER PERSON BY
MEANS OF A DEADLY WEAPON OR DANGEROUS INSTRUMENT.
  S 2. Subdivision 2 of section 125.25 of the penal law, as  amended  by
chapter 791 of the laws of 1967, is amended to read as follows:
  2. Under circumstances evincing a depraved indifference to [human] THE
life  OF  ANOTHER  PERSON,  he  INTENTIONALLY  OR  recklessly engages in
conduct which creates a grave risk  of  death  to  another  person,  and
thereby causes the death of another person; or
  S  3.  The penal law is amended by adding a new section 125.24 to read
as follows:
S 125.24 MURDER IN THE SECOND DEGREE; NO DEFENSE.
  THE CRIMES DEFINED IN SUBDIVISIONS ONE AND TWO OF  SECTION  125.25  OF
THIS ARTICLE ARE NOT MUTUALLY EXCLUSIVE, AND IT IS NO DEFENSE TO A PROS-
ECUTION FOR MURDER IN THE SECOND DEGREE UNDER SUBDIVISION TWO OF SECTION
125.25  OF THIS ARTICLE THAT, BY REASON OF THE SAME CONDUCT, THE DEFEND-
ANT ALSO COMMITTED MURDER IN THE SECOND DEGREE UNDER SUBDIVISION ONE  OF
SECTION 125.25 OF THIS ARTICLE.
  S  4.  This  act shall take effect on the ninetieth day after it shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01976-01-1

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