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Assembly Bill A4941

2013-2014 Legislative Session

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

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Archive: Last Bill Status - Stricken

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2013-A4941 (ACTIVE) - Details

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
2011-2012: A3455

2013-A4941 (ACTIVE) - Summary

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

2013-A4941 (ACTIVE) - Bill Text download pdf 

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

                                  4941

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2013
                               ___________

Introduced  by  M.  of  A.  GABRYSZAK  -- Multi-Sponsored by -- M. of A.
  BARCLAY, BROOK-KRASNY, CROUCH, DUPREY, GALEF, GUNTHER, KOLB, McKEVITT,
  OAKS, RAIA, 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.
                                                           LBD08091-01-3

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