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Assembly Bill A5283

2009-2010 Legislative Session

Relates to murder in the first degree when a person intentionally causes physical injury to a minor under the age of 14 and such minor dies as a result of such injury

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Archive: Last Bill Status - In Assembly Committee

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2009-A5283 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง125.27, Pen L
Versions Introduced in 2011-2012 Legislative Session:
A5064

2009-A5283 (ACTIVE) - Summary

Relates to murder in the first degree when a person intentionally causes physical injury to a minor under the age of 14 and such minor dies as a result of such physical injury; removes receives a "sense of pleasure" from the definition of torture.

2009-A5283 (ACTIVE) - Bill Text download pdf 

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

                                  5283

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 11, 2009
                               ___________

Introduced  by M. of A. MENG, COLTON, SPANO -- read once and referred to
  the Committee on Codes

AN ACT to amend the penal law, in relation to murder in the first degree
  when a person intentionally causes physical injury to  a  minor  under
  the age of fourteen years and such minor subsequently dies as a result
  of such physical injury

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

  Section 1. Subparagraphs (x) and (xiii) of paragraph (a)  of  subdivi-
sion  1 of section 125.27 of the penal law, subparagraph (x) as added by
chapter 1 of the laws of 1995, subparagraph (xiii) as added  by  chapter
300  of  the  laws  of 2001, are amended and a new subparagraph (xiv) is
added to read as follows:
  (x) the defendant acted in  an  especially  cruel  and  wanton  manner
pursuant  to  a  course  of  conduct  intended to inflict and inflicting
torture upon the victim prior to the victim's death.  As  used  in  this
subparagraph,  "torture" means the intentional [and depraved] infliction
of extreme physical pain[; "depraved" means the defendant  relished  the
infliction  of  extreme physical pain upon the victim evidencing debase-
ment or perversion or that the defendant evidenced a sense  of  pleasure
in the infliction of extreme physical pain]; or
  (xiii) the victim was killed in furtherance of an act of terrorism, as
defined  in  paragraph  (b) of subdivision one of section 490.05 of this
chapter; [and] OR
  (XIV) THE DEFENDANT INTENTIONALLY CAUSES PHYSICAL INJURY  TO  A  MINOR
LESS  THAN FOURTEEN YEARS OF AGE, PURSUANT TO ARTICLE ONE HUNDRED TWENTY
OF THIS TITLE, AND SUCH MINOR DIES AS A RESULT OF SUCH PHYSICAL  INJURY;
AND
  S 2. This act shall take effect on the first of November 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.
                                                           LBD05327-01-9

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