senate Bill S6994A

2015-2016 Legislative Session

Relates to sentences of imprisonment for the murder of a pregnant woman

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Sponsored By

Archive: Last Bill Status - In Senate Codes 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 (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 13, 2016 print number 6994a
Jun 13, 2016 amend (t) and recommit to codes
Mar 14, 2016 referred to codes

Co-Sponsors

view additional co-sponsors

S6994 - Details

See Assembly Version of this Bill:
A9555A
Law Section:
Penal Law
Laws Affected:
Amd §125.27, Pen L; amd §300.10, CP L

S6994 - Summary

Relates to sentences of imprisonment for the murder of a pregnant woman.

S6994 - Sponsor Memo

S6994 - Bill Text download pdf

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

                                  6994

                            I N  S E N A T E

                             March 14, 2016
                               ___________

Introduced by Sen. MARCHIONE -- 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 sentences of imprisonment
  for the offense of 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.  Subparagraph  (i)  of  paragraph  (a) of subdivision 3 of
section 70.00 of the penal law, as amended by chapter 107 of the laws of
2006, is amended to read as follows:
  (i) For a class A-I felony, such minimum period shall not be less than
fifteen years nor more than twenty-five years; provided,  however,  that
(A)  where  a sentence, other than a sentence of death or life imprison-
ment without parole, is imposed upon a defendant convicted of murder  in
the first degree as defined in section 125.27 of this chapter such mini-
mum period shall be not less than twenty years nor more than twenty-five
years,  and,  (B) where a sentence is imposed upon a defendant convicted
of murder in the second degree as defined in subdivision five of section
125.25 of this chapter or convicted of aggravated murder as  defined  in
section  125.26 of this chapter, the sentence shall be life imprisonment
without parole, and, (C) where a sentence is imposed  upon  a  defendant
convicted  of attempted murder in the first degree as defined in article
one hundred ten of this chapter and subparagraph (i), (ii) or  (iii)  of
paragraph (a) of subdivision one and paragraph (b) of subdivision one of
section 125.27 of this chapter or attempted aggravated murder as defined
in  article  one  hundred ten of this chapter and section 125.26 of this
chapter such minimum period shall be not less than twenty years nor more
than forty years, AND, (D) WHERE A SENTENCE IS IMPOSED UPON A  DEFENDANT
CONVICTED OF MURDER IN THE SECOND DEGREE AS DEFINED IN SECTION 125.25 OF
THIS  CHAPTER  AND A DEFENDANT KNEW OR REASONABLY SHOULD HAVE KNOWN THAT
THE VICTIM WAS PREGNANT, SUCH MINIMUM SENTENCE SHALL BE  NOT  LESS  THAN
TWENTY YEARS NOR MORE THAN TWENTY-FIVE YEARS.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14678-02-6

Co-Sponsors

view additional co-sponsors

S6994A (ACTIVE) - Details

See Assembly Version of this Bill:
A9555A
Law Section:
Penal Law
Laws Affected:
Amd §125.27, Pen L; amd §300.10, CP L

S6994A (ACTIVE) - Summary

Relates to sentences of imprisonment for the murder of a pregnant woman.

S6994A (ACTIVE) - Sponsor Memo

S6994A (ACTIVE) - Bill Text download pdf

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

                                 6994--A

                            I N  S E N A T E

                             March 14, 2016
                               ___________

Introduced  by  Sens.  MARCHIONE,  AKSHAR, CROCI, DeFRANCISCO, GALLIVAN,
  RANZENHOFER, SEWARD -- read twice and ordered printed, and when print-
  ed 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  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.
                                                           LBD14678-03-6

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