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Assembly Bill A1095

2011-2012 Legislative Session

Creates a new subdivision of manslaughter in the first degree; modifies the existing depraved indifference part of murder in the 2nd degree

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Archive: Last Bill Status - In Assembly Committee

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2011-A1095 (ACTIVE) - Details

See Senate Version of this Bill:
S488
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§125.20 & 125.25, add §125.24, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: A2945, S624
2013-2014: A9209, S2508
2015-2016: A132
2017-2018: A1433

2011-A1095 (ACTIVE) - Summary

Establishes a person is guilty of manslaughter in the first degree when he or she recklessly causes the death of another person by means of a deadly weapon or deadly instrument; establishes a person is guilty of murder in the second degree when he or she under circumstances evincing a depraved indifference to the life of another person, intentionally engages in conduct which creates a grave risk of death to another person, and thereby causes the death of another person; establishes two of the situations where a person is guilty of murder in the second degree are not mutually exclusive.

2011-A1095 (ACTIVE) - Bill Text download pdf 

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

                                  1095

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  M.  of  A. KOLB, BURLING, McKEVITT, MOLINARO, BARCLAY --
  Multi-Sponsored by -- M.  of A. BUTLER, CROUCH, DUPREY, FINCH, GIGLIO,
  JORDAN, OAKS, RAIA, TOBACCO -- read once and referred to the Committee
  on Codes

AN ACT to amend the penal law, in relation to the crimes of manslaughter
  in the first degree and murder in the second degree

  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  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 125.24 to read
as follows:
S 125.24 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
125.25  OF THIS ARTICLE THAT, BY REASON OF THE SAME CONDUCT, THE DEFEND-

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

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