S T A T E O F N E W Y O R K
________________________________________________________________________
1590
2021-2022 Regular Sessions
I N A S S E M B L Y
January 11, 2021
___________
Introduced by M. of A. SANTABARBARA -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law, in relation to making a murder as the
result of a drive by shooting murder in the first degree
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 is renumbered (xiv) and a new subpara-
graph (xiii) is added to read as follows:
(XIII) THE VICTIM WAS KILLED WHILE THE DEFENDANT WAS IN THE COURSE OF
COMMITTING OR ATTEMPTING TO COMMIT A DRIVE BY SHOOTING. UNDER THIS PARA-
GRAPH, A "DRIVE BY SHOOTING" IS DEFINED AS WHEN A PERSON, WITH THE
INTENT TO CAUSE THE DEATH OF ANOTHER PERSON, DISCHARGES A FIREARM FROM A
MOTOR VEHICLE AT ANOTHER PERSON OUTSIDE OF THE MOTOR VEHICLE. "MOTOR
VEHICLE" SHALL HAVE THE SAME MEANING AS DEFINED UNDER SECTION ONE
HUNDRED TWENTY-FIVE OF THE VEHICLE AND TRAFFIC LAW; OR
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00867-01-1