S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2886
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2017
                                ___________
 
 Introduced by M. of A. McDONALD, SIMANOWITZ, McLAUGHLIN, FAHY, RA, LUPI-
   NACCI,  FRIEND,  CRESPO, GIGLIO, COLTON, GRAF, McDONOUGH, PALMESANO --
   Multi-Sponsored by -- M. of A.  BUTLER,  McKEVITT  --  read  once  and
   referred to the Committee on Codes
 
 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
   § 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04059-01-7
              

 A. 2886                             2
 
 DEFENDANT WAS MORE THAN EIGHTEEN YEARS OLD AT THE TIME OF THE COMMISSION
 OF THE CRIME.
   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."
   § 3. This act shall take effect immediately.