Assembly Bill A1417

2011-2012 Legislative Session

Relates to the crime of aggravated murder involving certain business owners

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2011-A1417 (ACTIVE) - Details

See Senate Version of this Bill:
S1464
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§125.26, 70.00 & 60.06, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: A9160, S6198
2013-2014: A21, S300
2015-2016: A1606, S1481
2017-2018: S4956

2011-A1417 (ACTIVE) - Summary

Relates to the crime of aggravated murder involving certain business owners.

2011-A1417 (ACTIVE) - Bill Text download pdf

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

    S. 1464                                                  A. 1417

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                             January 7, 2011
                               ___________

IN  SENATE -- Introduced by Sen. DIAZ -- read twice and ordered printed,
  and when printed to be committed to the Committee on Codes

IN ASSEMBLY -- Introduced by M. of A. CRESPO -- read once  and  referred
  to the Committee on Codes

AN  ACT  to  amend the penal law, in relation to the crime of aggravated
  murder involving certain business owners and their employees

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

  Section 1. Paragraph (b) of subdivision 2 and the opening paragraph of
subdivision  3  of  section  125.26  of  the penal law, paragraph (b) of
subdivision 2 as added and the opening paragraph  of  subdivision  3  as
amended  by  chapter 482 of the laws of 2009, are amended, subdivision 3
is renumbered subdivision 4 and a new subdivision 3 is added to read  as
follows:
  (b)  The defendant was more than eighteen years old at the time of the
commission of the crime[.]; OR
  3. WITH INTENT TO CAUSE THE DEATH OF THE OWNER  OF  A  GROCERY  STORE,
BODEGA, TAXI CAB OR LIVERY CAB, OR HIS OR HER EMPLOYEES, INCLUDING DRIV-
ERS,  WHILE  SUCH  PERSON  IS  ACTING IN THE NORMAL COURSE OF HIS OR HER
EMPLOYMENT, HE OR SHE CAUSES THE DEATH OF SUCH PERSON.
  In any prosecution under subdivision one [or], two OR  THREE  of  this
section, it is an affirmative defense that:
  S  2.  Subdivision  5 of section 70.00 of the penal law, as amended by
chapter 482 of the laws of 2009, is amended to read as follows:
  5.  Life  imprisonment  without  parole.  Notwithstanding  any   other
provision  of  law,  a  defendant sentenced to life imprisonment without
parole shall not  be  or  become  eligible  for  parole  or  conditional
release.  For  purposes of commitment and custody, other than parole and
conditional release, such sentence shall be deemed to be  an  indetermi-
nate  sentence.  A defendant may be sentenced to life imprisonment with-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03245-01-1
              

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