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Assembly Bill A179

2009-2010 Legislative Session

Imposes criminal responsibility on juvenile offenders for felony murders resulting from the attempt to commit juvenile offenses

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Archive: Last Bill Status - In Assembly Committee

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2009-A179 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §1.20, CP L; amd §§10.00 & 30.00, Pen L
Versions Introduced in 2011-2012 Legislative Session:
A1037

2009-A179 (ACTIVE) - Summary

Imposes criminal responsibility on juvenile offenders for felony murders resulting from the attempt to commit juvenile offenses.

2009-A179 (ACTIVE) - Bill Text download pdf 

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

                                   179

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. PHEFFER -- Multi-Sponsored by -- M. of A. ALFANO,
  BARRA, KOON -- read once and referred to the Committee on Codes

AN  ACT  to  amend  the  criminal  procedure  law  and the penal law, in
  relation to imposing criminal responsibility on juvenile offenders for
  felony murders resulting from attempted juvenile offenses

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

  Section  1.  Subdivision  42 of section 1.20 of the criminal procedure
law, as amended by chapter 7 of the laws of 2007, is amended to read  as
follows:
  42.  "Juvenile offender" means (1) a person, thirteen years old who is
criminally responsible for acts constituting murder in the second degree
as defined in subdivisions one and two of section 125.25  of  the  penal
law,  or  such  conduct as a sexually motivated felony, where authorized
pursuant to section 130.91 of the penal law; and (2) a  person  fourteen
or fifteen years old who is criminally responsible for acts constituting
the crimes defined in subdivisions one and two of section 125.25 (murder
in  the second degree) and in subdivision three of such section provided
that the underlying crime for the murder charge is EITHER: one for which
such person is criminally responsible OR AN ATTEMPT TO  COMMIT  A  CRIME
FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSIBLE; section 135.25 (kidnap-
ping  in the first degree); 150.20 (arson in the first degree); subdivi-
sions one and two of section  120.10  (assault  in  the  first  degree);
125.20  (manslaughter  in the first degree); subdivisions one and two of
section 130.35 (rape in the first degree); subdivisions one and  two  of
section 130.50 (criminal sexual act in the first degree); 130.70 (aggra-
vated  sexual  abuse in the first degree); 140.30 (burglary in the first
degree); subdivision one of  section  140.25  (burglary  in  the  second
degree);  150.15  (arson  in  the second degree); 160.15 (robbery in the
first degree); subdivision two of section 160.10 (robbery in the  second

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

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