S T A T E   O F   N E W   Y O R K
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                                  6041

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 24, 2009
                               ___________

Introduced  by M. of A. KOON -- Multi-Sponsored by -- M. of A. BACALLES,
  BARCLAY, BROOK-KRASNY,  CALHOUN,  CROUCH,  DUPREY,  GABRYSZAK,  GALEF,
  GUNTHER, KOLB, McKEVITT, MOLINARO, OAKS, PHEFFER, RAIA, SAYWARD, SCOZ-
  ZAFAVA, TITONE, TOWNSEND, WALKER, WEISENBERG -- read once and referred
  to the Committee on Codes

AN  ACT  to  amend  the penal law, in relation to recklessly causing the
  death of another person by means  of  a  deadly  weapon  or  dangerous
  instrument

  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 OR SHE 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 125.25-a to read
as follows:
S 125.25-A 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00870-01-9
              

A. 6041                             2

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 first of November next succeed-
ing the date on which it shall have become a law.