Assembly Bill A1433

2017-2018 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 - Stricken

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-A1433 (ACTIVE) - Details

Law Section:
Penal Law
Laws Affected:
Amd §§125.20 & 125.25, add §125.24, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: A2945
2011-2012: A1095
2013-2014: A9209
2015-2016: A132

2017-A1433 (ACTIVE) - 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.

2017-A1433 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1433
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 12, 2017
                                ___________
 
 Introduced  by  M.  of  A.  SIMANOWITZ -- Multi-Sponsored by -- M. of A.
   HOOPER -- read once and referred 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.
   § 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
   §  3.  The penal law is amended by adding a new section 125.24 to read
 as follows:
 § 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.
   §  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

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