senate Bill S943

2011-2012 Legislative Session

Increases the penalty for crime of criminally negligent homicide

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Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 29, 2012 referred to codes
delivered to assembly
passed senate
Feb 14, 2012 advanced to third reading
Feb 13, 2012 2nd report cal.
Feb 07, 2012 1st report cal.180
Jan 04, 2012 referred to codes
returned to senate
died in assembly
Feb 14, 2011 referred to codes
delivered to assembly
passed senate
Feb 01, 2011 advanced to third reading
Jan 31, 2011 2nd report cal.
Jan 25, 2011 1st report cal.24
Jan 05, 2011 referred to codes

Votes

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Feb 7, 2012 - Codes committee Vote

S943
13
1
committee
13
Aye
1
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Jan 25, 2011 - Codes committee Vote

S943
14
2
committee
14
Aye
2
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Co-Sponsors

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S943 - Bill Details

See Assembly Version of this Bill:
A6176
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd ยง125.10, Pen L
Versions Introduced in 2009-2010 Legislative Session:
S567

S943 - Bill Texts

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Increases the penalty for the crime of criminally negligent homicide by changing such offense to a class D felony from a class E felony.

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BILL NUMBER:S943

TITLE OF BILL:
An act
to amend the penal law, in relation to criminally negligent homicide

PURPOSE:
This bill would make criminally negligent homicide a class D
felony.

SUMMARY OF PROVISIONS:
Section 125.10 of the penal law is amended to
increase the crime of criminally negligent homicide from a class E
felony offense to a class D felony offense.

JUSTIFICATION:
Judges have expressed the view, during sentencing and
after, that the sentence which could be imposed under the limits of
the criminally negligent homicide statute, often do not fit the
seriousness of the crime committed.

First degree manslaughter is a class B felony and second degree
manslaughter is a class C felony. Logically, the next successive or
immediate lesser offense of criminally negligent homicide should be a
class D felony. However, under current State penal law, criminally
negligent homicide is actually a class E felony.

Unfortunately, the discrepancy in the classification of these crimes
was all too recently illustrated in the tragic death of a police
officer, who died in May of 1996 as a result of injuries sustained
while responding to a domestic dispute.
During the course of a struggle, the officer fell and was cut by a
piece of glass from a mirror which the defendant had allegedly thrown
at his wife. The officer subsequently died as result of a severed
artery.

The Grand Jury indicted the defendant on charges of criminally
negligent homicide, assault in the second degree, attempted assault
in the second degree, reckless endangerment and resisting arrest. In
this case the statutory discrepancy subjected the defendant to
harsher treatment for injuring the officer (assault in the second
degree, a maximum of seven years in prison) than for causing the
death of the officer (criminally negligent homicide, a maximum
sentence of four years in prison).

Obviously, this case and others like it are a complete travesty.
Accordingly, this bill will amend current law to make the crime of
criminally negligent homicide more compatible with the seriousness of
the offense committed.

LEGISLATIVE HISTORY:
Passed Senate: 1995-2008
Senate Codes Committee: 2009-10

FISCAL IMPLICATIONS:
None.


EFFECTIVE DATE:
This act shall take effect on the first day of January
next succeeding the date on which it shall have become law.

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

                                   943

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens.  MARCELLINO, LARKIN, RANZENHOFER -- 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 criminally negligent homi-
  cide

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

  Section 1. Section 125.10 of the penal  law  is  amended  to  read  as
follows:
S 125.10  Criminally negligent homicide.
  A  person is guilty of criminally negligent homicide when, with crimi-
nal negligence, he causes the death of another person.
  Criminally negligent homicide is a class [E] D felony.
  S 2. This act shall take effect on the first of January 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.
                                                           LBD04376-01-1

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