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Assembly Bill A1037

2011-2012 Legislative Session

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

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2011-A1037 (ACTIVE) - Details

Law Section:
Criminal Procedure Law
Laws Affected:
Amd §1.20, CP L; amd §§10.00 & 30.00, Pen L
Versions Introduced in 2009-2010 Legislative Session:
A179

2011-A1037 (ACTIVE) - Summary

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

2011-A1037 (ACTIVE) - Bill Text download pdf 

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

                                  1037

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by M. of A. PHEFFER -- read once and referred to the Commit-
  tee 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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