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Assembly Bill A8197

2009-2010 Legislative Session

Provides that the intentional murder of a child under the age of twelve shall be a first degree murder offense; amends the definition of torture

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Archive: Last Bill Status - In Assembly Committee

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2009-A8197 (ACTIVE) - Details

See Senate Version of this Bill:
S6695
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง125.27, Pen L
Versions Introduced in Other Legislative Sessions:
2011-2012: A6727, S1990
2013-2014: A3292, S2238
2015-2016: A3985, S1269
2017-2018: A6434, S883
2019-2020: A4429

2009-A8197 (ACTIVE) - Summary

Provides that the intentional murder of a child under the age of twelve shall be a first degree murder offense; amends the definition of torture related to first degree murder.

2009-A8197 (ACTIVE) - Bill Text download pdf 

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

                                  8197

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               May 7, 2009
                               ___________

Introduced  by  M.  of  A.  TOWNSEND, KOLB, BURLING, DenDEKKER, FINCH --
  Multi-Sponsored by -- M.   of A. BACALLES,  BARCLAY,  CALHOUN,  CONTE,
  HAWLEY,  MOLINARO,  SALADINO, TOBACCO, WALKER, WEISENBERG -- read once
  and referred to the Committee on Codes

AN ACT to amend the penal law, in relation to first degree murder  of  a
  child under the age of twelve

  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 and subparagraph (xiii) as added by  chap-
ter 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] INFLICTED extreme physical pain upon the victim evidenc-
ing debasement 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 VICTIM WAS A CHILD UNDER THE AGE OF TWELVE; 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.
                                                           LBD09621-01-9

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