senate Bill S2508

2013-2014 Legislative Session

Creates a new subdivision of manslaughter in the first degree; modifies the existing depraved indifference part of murder in the 2nd degree

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Sponsored By

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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to codes
Jan 18, 2013 referred to codes

Co-Sponsors

S2508 - Details

See Assembly Version of this Bill:
A9209
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §§125.20 & 125.25, add §125.24, Pen L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S488, A1095
2009-2010: S624, A2945

S2508 - Summary

Establishes a person is guilty of manslaughter in the first degree when he or she recklessly causes the death of another person by means of a deadly weapon or deadly instrument; establishes a person is guilty of murder in the second degree when he or she under circumstances evincing a depraved indifference to the life of another person, intentionally engages in conduct which creates a grave risk of death to another person, and thereby causes the death of another person; establishes two of the situations where a person is guilty of murder in the second degree, which are not mutually exclusive.

S2508 - Sponsor Memo

S2508 - Bill Text download pdf

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

                                  2508

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 18, 2013
                               ___________

Introduced  by  Sen.  ROBACH -- 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 the crimes of manslaughter
  in the first degree and murder in the second degree

  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  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 125.24 to read
as follows:
S 125.24 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-
ANT ALSO COMMITTED MURDER IN THE SECOND DEGREE UNDER SUBDIVISION ONE  OF
SECTION 125.25 OF THIS ARTICLE.
  S  4.  This  act shall take effect on the ninetieth day after 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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