senate Bill S1498

Increases the penalty for crime of criminally negligent homicide

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Co-Sponsors

Bill Status


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

  • 09 / Jan / 2013
    • REFERRED TO CODES
  • 28 / Feb / 2013
    • 1ST REPORT CAL.122
  • 04 / Mar / 2013
    • 2ND REPORT CAL.
  • 05 / Mar / 2013
    • ADVANCED TO THIRD READING
  • 06 / Mar / 2013
    • PASSED SENATE
  • 06 / Mar / 2013
    • DELIVERED TO ASSEMBLY
  • 06 / Mar / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO CODES

Summary

Increases the penalty for the crime of criminally negligent homicide by changing such offense to a class D felony from a class E felony.

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Bill Details

Versions:
S1498
Legislative Cycle:
2013-2014
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง125.10, Pen L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S943
2009-2010: S567

Sponsor Memo

BILL NUMBER:S1498

TITLE OF BILL:
An act
to amend the penal law, in relation to criminally negligent homicide

SUMMARY OF PROVISIONS: Section 125.10 of the penal
law is amended to
increase the crime of criminally negligent homicide from a class E
felony offense to a class D felony offense.

JUSTIFICATION: Judges have expressed the view, during
sentencing and
after, that the sentence which could be imposed under the limits of
the criminally negligent homicide statute, often do not fit the
seriousness of the crime committed.

First degree manslaughter is a class B felony and second degree
manslaughter is a class C felony. Logically, the next successive or
immediate lesser offense of criminally negligent homicide should be a
class D felony. However, under current State penal law, criminally
negligent homicide is actually a class E felony.

Unfortunately, the discrepancy in the classification of these crimes
was all too recently illustrated in the tragic death of a police
officer, who died in May of 1996 as a result of injuries sustained
while responding to a domestic dispute. During the course of a
struggle, the officer fell and was cut by a piece of glass from a
mirror which the defendant had allegedly thrown at his wife. The
officer subsequently died as result of a severed artery.

The Grand Jury indicted the defendant on charges of criminally
negligent homicide, assault in the second degree, attempted assault
in the second degree, reckless endangerment and resisting arrest. In
this case the statutory discrepancy subjected the defendant to
harsher treatment for injuring the officer (assault in the second
degree, a maximum of seven years in prison) than for causing the
death of the officer (criminally negligent homicide, a maximum
sentence of four years in prison).

Obviously, this case and others like it are a complete travesty.
Accordingly, this bill will amend current law to make the crime of
criminally negligent homicide more compatible with the seriousness of
the offense committed.

LEGISLATIVE HISTORY: Passed Senate: 1995-2008: Senate
Codes Committee:
2009-10: Passed Senate: 2011-12

FISCAL IMPLICATIONS: None,

EFFECTIVE DATE: This act shall take effect on the
first day of January
next succeeding the date on which it shall have become law.


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

                                  1498

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  MARCELLINO  -- 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 criminally negligent homi-
  cide

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

  Section  1.  Section  125.10  of  the  penal law is amended to read as
follows:
S 125.10  Criminally negligent homicide.
  A person is guilty of criminally negligent homicide when, with  crimi-
nal negligence, he causes the death of another person.
  Criminally negligent homicide is a class [E] D felony.
  S  2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03260-01-3

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