NY State Senate Bill 2017-S217

Archive: Last Bill Status - In Senate Committee Codes Committee

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to codes
Jan 04, 2017	referred to codes

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2017-S217 (ACTIVE) - Details

See Assembly Version of this Bill:: A2886
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §125.27, Pen L; amd §300.10, CP L
Versions Introduced in 2015-2016 Legislative Session:: S6994, A9555

2017-S217 (ACTIVE) - Summary

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

2017-S217 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S217

 TITLE OF BILL :

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

 PURPOSE :

To impose a mandatory minimum sentence of no less than twenty years
nor greater than twenty-five years for a conviction of murder in the
second degree when the victim was pregnant and the defendant knew or
should have known that the victim was pregnant and to instruct the
jury when a defendant is charged with first degree murder under these
circumstances.

 SUMMARY OF PROVISIONS :

Section 1 - Adds subdivision (xiv) of section 125.27 of the penal law
to impose a mandatory minimum sentence of no less than twenty years to
a maximum of twenty-five years for a conviction of murder in the
second degree as defined in section 125.25 of the penal law when a
victim was pregnant and the defendant knew or should have known that
the victim was pregnant.

Section 2 - Amends section 300.10 of the criminal procedure law to add
a new subdivision 3-a.

Section 3-a - Where the 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
give specific instructions to the jury.

Section 3. Effective date.

 JUSTIFICATION :

Under current state law, there is no additional penalty for the murder
of a victim who is pregnant and the defendant knew or should have
known of the pregnancy. This bill would impose a higher minimum
sentence for defendants convicted of murder in the second degree when
the victim was pregnant and the defendant knew or reasonably should
have known that the victim was pregnant at the time of the murder. The
bill also states that where a defendant is charged with murder in the
first degree, the court must give specific instructions to the jury.

Under current state law, the minimum sentence for murder in the second
degree is no less than fifteen years and no more than twenty-five
years. This bill increases that minimum sentence to no less than
twenty-years and no more than twenty-five years when a defendant is
convicted under the specific circumstances above.

This bill has its origins in a 2014 case that occurred in Rensselaer
County. The victim in that case was nine months pregnant and due to
give birth in just six days. Further, it was reported that testimony
from detectives during a pretrial hearing revealed that DNA testing
showed that the defendant was the father of the unborn baby girl and
that he did not want the child. It was further reported that police
and prosecutors said that the victim and defendant had argued about
the child. She was murdered by the defendant, her ex-boyfriend and
father of the child, and that the crime scene was set on fire in what
prosecutors believed was an attempt to cover up the crime.

 LEGISLATIVE HISTORY :

2016: S.6994-A Referred to Codes

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S217 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    217
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 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
 
 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

 S. 217                              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.

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Senate Bill S217

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

co-Sponsors

2017-S217 (ACTIVE) - Details

2017-S217 (ACTIVE) - Summary

2017-S217 (ACTIVE) - Sponsor Memo

2017-S217 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S217

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Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

co-Sponsors

2017-S217 (ACTIVE) - Details

2017-S217 (ACTIVE) - Summary

2017-S217 (ACTIVE) - Sponsor Memo

2017-S217 (ACTIVE) - Bill Text download pdf

Comments