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

                                 9555--A

                          I N  A S S E M B L Y

                             March 16, 2016
                               ___________

Introduced  by M. of A. McDONALD, SIMANOWITZ, McLAUGHLIN, FAHY, CERETTO,
  RA, TEDISCO, LUPINACCI, FRIEND, CRESPO, GIGLIO,  COLTON,  GRAF,  McDO-
  NOUGH,  PALMESANO  --  Multi-Sponsored by -- M. of A. BARCLAY, BUTLER,
  DUPREY, McKEVITT -- read once and referred 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  and  the  criminal  procedure  law,  in
  relation  to  sentences of imprisonment for the offense of murder of a
  pregnant woman

  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 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) WHEN THE DEFENDANT  COMMITS  MURDER  IN  THE  SECOND  DEGREE  AS
DEFINED  IN  SECTION  125.25 OF THIS ARTICLE AND THE VICTIM WAS PREGNANT
AND THE DEFENDANT KNEW OR SHOULD HAVE KNOWN THAT THE  VICTIM  WAS  PREG-
NANT; AND
  S 2. Section 300.10 of the criminal procedure law is amended by adding
a new subdivision 3-a to read as follows:
  3-A.  WHERE  A  DEFENDANT  HAS  BEEN  CHARGED WITH MURDER IN THE FIRST
DEGREE PURSUANT TO SUBPARAGRAPH (XIV) OF PARAGRAPH  (A)  OF  SUBDIVISION
ONE  OF  SECTION 125.27 OF THE PENAL LAW, THE COURT MUST, WITHOUT ELABO-
RATION, INSTRUCT THE JURY AS FOLLOWS:
  "UNDER OUR LAW, A DEFENDANT IS GUILTY OF MURDER IN  THE  FIRST  DEGREE
WHEN,  WITH  INTENT  TO CAUSE THE DEATH OF ANOTHER PERSON, THE DEFENDANT
CAUSES THE DEATH OF SUCH PERSON (OR OF A THIRD PERSON)  AND  THE  VICTIM
WAS  PREGNANT  AT  THE  TIME  OF  THE  KILLING AND THE DEFENDANT KNEW OR
REASONABLY SHOULD HAVE KNOWN THAT  THE  VICTIM  WAS  PREGNANT,  AND  THE
DEFENDANT WAS MORE THAN EIGHTEEN YEARS OLD AT THE TIME OF THE COMMISSION
OF THE CRIME.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD14678-04-6

A. 9555--A                          2

  SOME OF THE TERMS USED IN THIS DEFINITION HAVE THEIR OWN SPECIAL MEAN-
ING  IN OUR LAW. I WILL NOW GIVE YOU THE MEANING OF THE FOLLOWING TERMS:
'INTENT,' 'KNEW' AND 'REASONABLY SHOULD HAVE KNOWN'.
  'INTENT'  MEANS  CONSCIOUS  OBJECTIVE  OR PURPOSE. THUS, A PERSON ACTS
WITH INTENT TO CAUSE THE  DEATH  OF  ANOTHER  PERSON  WHEN  HIS  OR  HER
CONSCIOUS OBJECTIVE OR PURPOSE IS TO CAUSE THE DEATH OF THAT PERSON.
  A  PERSON  'KNOWS' THAT HIS OR HER INTENDED VICTIM IS PREGNANT WHEN HE
OR SHE IS AWARE THAT SUCH VICTIM IS PREGNANT.
  A PERSON 'REASONABLY SHOULD KNOW' THAT HIS OR HER INTENDED  VICTIM  IS
PREGNANT  IF, IN THE SAME CIRCUMSTANCES, A REASONABLE PERSON IN THE SAME
POSITION AND POSSESSING THE SAME KNOWLEDGE, WOULD KNOW THAT SUCH  VICTIM
IS PREGNANT.
  IN  ORDER  FOR  YOU  TO  FIND  THE DEFENDANT GUILTY OF THIS CRIME, THE
PEOPLE ARE REQUIRED TO PROVE, FROM ALL THE EVIDENCE IN THE CASE,  BEYOND
A REASONABLE DOUBT, EACH OF THE FOLLOWING FIVE ELEMENTS:
  1.  THAT  ON OR ABOUT (DATE) , IN THE COUNTY OF (COUNTY) , THE DEFEND-
ANT, (DEFENDANT'S NAME) , CAUSED THE DEATH OF (ACTUAL VICTIM) ;
  2. THAT THE DEFENDANT DID SO WITH THE INTENT TO  CAUSE  THE  DEATH  OF
(INTENDED VICTIM) ;
  3. THAT, AT THE TIME OF THE KILLING, (ACTUAL VICTIM) WAS PREGNANT;
  4.  THAT, AT THE TIME OF THE KILLING, THE DEFENDANT KNEW OR REASONABLY
SHOULD HAVE KNOWN THAT (ACTUAL VICTIM) WAS PREGNANT; AND
  5. THAT THE DEFENDANT WAS MORE THAN EIGHTEEN YEARS OLD AT THE TIME  OF
THE COMMISSION OF THE CRIME.
  THEREFORE, IF YOU FIND THAT THE PEOPLE HAVE PROVEN BEYOND A REASONABLE
DOUBT  EACH OF THOSE ELEMENTS, YOU MUST FIND THE DEFENDANT GUILTY OF THE
CRIME OF MURDER IN THE FIRST DEGREE AS CHARGED IN THE COUNT.
  ON THE OTHER HAND, IF YOU FIND THAT THE PEOPLE HAVE NOT PROVEN  BEYOND
A  REASONABLE DOUBT ANY ONE OR MORE OF THOSE ELEMENTS, YOU MUST FIND THE
DEFENDANT NOT GUILTY OF THE CRIME OF  MURDER  IN  THE  FIRST  DEGREE  AS
CHARGED IN THE COUNT."
  S 3. This act shall take effect immediately.