S T A T E O F N E W Y O R K
2011-2012 Regular Sessions
I N S E N A T E
January 5, 2011
Introduced by Sen. ROBACH -- read twice and ordered printed, and when
printed to be committed 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
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-
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 ninetieth day after it shall
have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.