senate Bill S1498

2013-2014 Legislative Session

Increases the penalty for crime of criminally negligent homicide

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Archive: Last Bill Status - In Committee

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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to codes
returned to senate
died in assembly
Mar 06, 2013 referred to codes
delivered to assembly
passed senate
Mar 05, 2013 advanced to third reading
Mar 04, 2013 2nd report cal.
Feb 28, 2013 1st report cal.122
Jan 09, 2013 referred to codes


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S1498 - Bill Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd ยง125.10, Pen L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S943
2009-2010: S567

S1498 - 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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An act
to amend the penal law, in relation to criminally negligent homicide

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: Passed Senate: 2011-12


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


                       2013-2014 Regular Sessions

                            I N  S E N A T E


                             January 9, 2013

Introduced  by  Sen.  MARCELLINO  -- 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-


  Section  1.  Section  125.10  of  the  penal law is amended to read as
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.


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