senate Bill S2238A

2013-2014 Legislative Session

Provides that the intentional murder of a child under the age of twelve shall be a first degree murder offense

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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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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to codes
Dec 11, 2013 print number 2238a
amend and recommit to codes
Jan 15, 2013 referred to codes

Bill Amendments

Original
A (Active)
Original
A (Active)

S2238 - Details

See Assembly Version of this Bill:
A9743
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §125.27, Pen L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1990
2009-2010: S6695

S2238 - Summary

Provides that the intentional murder of a child under the age of twelve shall be a first degree murder offense.

S2238 - Sponsor Memo

S2238 - Bill Text download pdf

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

                                  2238

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 15, 2013
                               ___________

Introduced  by  Sen.  GOLDEN -- 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 first degree murder  of  a
  child under the age of twelve

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

  Section 1. Subparagraphs (x) and (xiii) of paragraph (a)  of  subdivi-
sion  1 of section 125.27 of the penal law, subparagraph (x) as added by
chapter 1 of the laws of 1995 and subparagraph (xiii) as added by  chap-
ter 300 of the laws of 2001, are amended and a new subparagraph (xiv) is
added to read as follows:
  (x)  the  defendant  acted  in  an  especially cruel and wanton manner
pursuant to a course of  conduct  intended  to  inflict  and  inflicting
torture  upon  the  victim  prior to the victim's death. As used in this
subparagraph, "torture" means the intentional and depraved infliction of
extreme physical pain; "depraved"  means  the  defendant  [relished  the
infliction  of] INFLICTED extreme physical pain upon the victim evidenc-
ing debasement or perversion or that the defendant evidenced a sense  of
pleasure in the infliction of extreme physical pain; or
  (xiii) the victim was killed in furtherance of an act of terrorism, as
defined  in  paragraph  (b) of subdivision one of section 490.05 of this
chapter; [and] OR
  (XIV) THE VICTIM WAS A CHILD UNDER THE AGE OF TWELVE; AND
  S 2. This act shall take effect on the first of November 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.
                                                           LBD03164-01-3

S2238A (ACTIVE) - Details

See Assembly Version of this Bill:
A9743
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §125.27, Pen L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1990
2009-2010: S6695

S2238A (ACTIVE) - Summary

Provides that the intentional murder of a child under the age of twelve shall be a first degree murder offense.

S2238A (ACTIVE) - Sponsor Memo

S2238A (ACTIVE) - Bill Text download pdf

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

                                 2238--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 15, 2013
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Codes  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to amend the penal law, in relation to first degree murder of a
  child under the age of twelve

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

  Section  1.  Subparagraph  (xiii) of paragraph (a) of subdivision 1 of
section 125.27 of the penal law, as added by chapter 300 of the laws  of
2001,  is  amended  and  a  new  subparagraph  (xiv) is added to read as
follows:
  (xiii) the victim was killed in furtherance of an act of terrorism, as
defined in paragraph (b) of subdivision one of section  490.05  of  this
chapter; [and] OR
  (XIV) THE VICTIM WAS A CHILD UNDER THE AGE OF TWELVE; AND
  S 2. This act shall take effect on the first of November 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.
                                                           LBD03164-02-3

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