Assembly Bill A3455

2011-2012 Legislative Session

Relates to recklessly causing the death of another person by means of a deadly weapon or dangerous instrument

download bill text pdf

Sponsored By

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-A3455 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§125.20 & 125.25, add §125.25-a, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: A6041
2013-2014: A4941

2011-A3455 (ACTIVE) - Summary

Relates to recklessly causing the death of another person by means of a deadly weapon or dangerous instrument.

2011-A3455 (ACTIVE) - Bill Text download pdf

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

                                  3455

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 25, 2011
                               ___________

Introduced  by  M.  of  A.  GABRYSZAK  -- Multi-Sponsored by -- M. of A.
  BARCLAY, BROOK-KRASNY, CALHOUN, CROUCH, DUPREY, GALEF, GUNTHER,  KOLB,
  McKEVITT,  MOLINARO,  OAKS,  RAIA, SAYWARD, TITONE, WEISENBERG -- read
  once and referred to the Committee on Codes

AN ACT to amend the penal law, in relation  to  recklessly  causing  the
  death  of  another  person  by  means  of a deadly weapon or dangerous
  instrument

  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 OR SHE 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 125.25-a to read
as follows:
S 125.25-A 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.
                                                           LBD08397-01-1
              

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