S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8929
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               July 16, 2025
                                ___________
 
 Introduced by M. of A. R. CARROLL, FORREST, SIMON, EPSTEIN, LEVENBERG --
   read once and referred to the Committee on Codes
 
 AN  ACT  to  amend  the  penal  law  and  the criminal procedure law, in
   relation to convictions under felony murder provisions; and to  repeal
   certain provisions of the penal law relating thereto

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings and  intent.  The  Legislature  hereby
 finds and declares the following:
   a. The current provisions of New York's penal law pertaining to felony
 murder  eliminate  the distinction between intentional and unintentional
 homicide and are therefore not consistent with the principle of  propor-
 tionality  in  charging  and sentencing. Felony murder doctrine allows a
 defendant to be charged and sentenced for murder in circumstances  where
 they  were committing or attempting to commit a felony but did not actu-
 ally commit a homicidal act. Under current state law, an accomplice to a
 crime, for example someone driving a getaway car, may  be  charged  with
 murder  as  if  they  had actually shot someone in the course of a crime
 such as robbery even in a circumstance where they were unarmed and phys-
 ically removed from the site of the murder. Evidence from  other  states
 indicates  that  as  many  as  one  in  five  individuals serving prison
 sentences for murder have been convicted  based  on  the  felony  murder
 doctrine.    Studies  have also found that prosecutors use the threat of
 felony murder charges to obtain plea deals for lengthy sentences, demon-
 strating felony murder doctrine's role in extreme  sentencing  and  mass
 incarceration.
   b.  Felony  murder doctrine originated in England but was banned there
 in 1957 and subsequently in other Commonwealth countries including Cana-
 da, which banned it in 1990. The United States is an outlier globally in
 its application of felony murder doctrine, although some states, notably
 California and Colorado, have in the last five years introduced  signif-

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00306-01-5
              

 A. 8929                             2
 
 icant  reforms  with California reintroducing the intention to kill as a
 requirement for the application of  felony  murder  charges.  New  York,
 however,  remains one of just thirteen states including Texas and Flori-
 da, where the felony murder doctrine is applied by prosecutors to pursue
 murder charges when the individual committing a homicidal act is a third
 party  such as a victim holding their ground, a law enforcement officer,
 or a bystander.   The case of Jagger Freeman  illustrates  how  this  is
 applied.  In  2019,  Freeman, then a 25 year old Queens resident, was an
 accomplice in an attempted robbery  of  a  mobile  phone  store.  Police
 opened  fire in the store on Freeman's associate, who was holding a fake
 gun, killing  one  police  officer  and  wounding  another.  During  the
 episode,  Freeman  had  stood  across the street unarmed, however he was
 sentenced to thirty years to life for the murder of the police officer.
   c. Evidence from across the country reveals that  felony  murder  laws
 have  disproportionately  negative  consequences  for  non-white people,
 young people, and victims of domestic violence. For example, in Pennsyl-
 vania eighty percent of those imprisoned with a felony murder conviction
 were people of color, while in California sixty-eight percent  of  those
 serving  time for felony murder are black or Latinx.  Since 2002, eight-
 y-six percent of all defendants convicted of felony murder in  New  York
 state  have  been black or Latinx. According to the California Coalition
 for Women Prisoners, the majority of their members convicted  of  felony
 murder were victims of domestic violence.
   §  2. Subdivision 3 of section 125.25 of the penal law is REPEALED and
 a new subdivision 3 is added to read as follows:
   3. ACTING EITHER ALONE OR WITH ONE OR MORE OTHER PERSONS, SUCH  PERSON
 COMMITS OR ATTEMPTS TO COMMIT ROBBERY, BURGLARY, KIDNAPPING, ARSON, RAPE
 IN  THE  FIRST  DEGREE,  CRIMINAL SEXUAL ACT IN THE FIRST DEGREE, SEXUAL
 ABUSE IN THE FIRST DEGREE, AGGRAVATED SEXUAL ABUSE, ESCAPE IN THE  FIRST
 DEGREE,  OR  ESCAPE  IN  THE SECOND DEGREE, AND, IN THE COURSE OF AND IN
 FURTHERANCE OF SUCH CRIME OR OF IMMEDIATE FLIGHT THEREFROM, SUCH PERSON,
 OR ANOTHER PARTICIPANT IN THE UNDERLYING FELONY PERSONALLY AND  DIRECTLY
 CAUSES THE DEATH OF A PERSON OTHER THAN ONE OF THE PARTICIPANTS, AND THE
 DEFENDANT  HAS  ONE  OF THE FOLLOWING MENTAL STATES DEPENDENT UPON THEIR
 ROLE IN THE COMMISSION OF THE KILLING: (A) THE DEFENDANT PERSONALLY  AND
 DIRECTLY CAUSED THE DEATH RECKLESSLY; OR (B) THE DEFENDANT WAS AN ACCOM-
 PLICE,  DEFINED  AS ONE WHO SOLICITED, REQUESTED, COMMANDED, IMPORTUNED,
 CAUSED, OR AIDED AND ABETTED THE ACTUAL KILLER IN THE COMMISSION OF  THE
 UNDERLYING FELONY, AND ACTED WITH INTENT TO CAUSE DEATH. LIABILITY UNDER
 THIS  SUBDIVISION SHALL ONLY APPLY TO DEATH CAUSED BY AGENTS AND CO-FEL-
 ONS OF THE DEFENDANT. A DEFENDANT IS NOT RESPONSIBLE FOR A DEATH  CAUSED
 BY A THIRD PARTY WHO WAS NOT A PARTICIPANT IN THE UNDERLYING FELONY; OR
   §  3. Subdivision 2 of section 40.00 of the penal law, such section as
 renumbered by chapter 73 of the laws of 1968,  is  amended  to  read  as
 follows:
   2. The defense of duress as defined in subdivision one of this section
 is  not  available  when  a  person  intentionally  or recklessly places
 [himself] THEMSELF in a situation in which it is probable that [he] THEY
 will be subjected to duress; PROVIDED, HOWEVER,  THAT  THIS  SUBDIVISION
 SHALL  NOT  APPLY  TO  PROSECUTIONS  BROUGHT  UNDER SUBDIVISION THREE OF
 SECTION 125.25 OF THIS CHAPTER WHEN THE  DEFENDANT  HAS  BEEN  OR  IS  A
 VICTIM  OF DOMESTIC VIOLENCE COMMITTED BY ONE OF THE PARTICIPANTS IN THE
 UNDERLYING FELONY.
   § 4. The criminal procedure law is amended by  adding  a  new  section
 440.48 to read as follows:
 A. 8929                             3
 
 § 440.48 MOTION  TO  VACATE JUDGMENT AND/OR RESENTENCE IN CERTAIN FELONY
            MURDER CONVICTIONS.
   1.  A  PERSON  CONVICTED  UNDER THE PROVISIONS OF SUBDIVISION THREE OF
 SECTION 125.25 OF THE PENAL LAW MAY FILE A PETITION WITH THE COURT  THAT
 SENTENCED  THE  PETITIONER  TO  HAVE  THE PETITIONER'S MURDER CONVICTION
 VACATED AND TO BE RESENTENCED ON ANY REMAINING COUNTS WHEN  ALL  OF  THE
 FOLLOWING CONDITIONS APPLY:
   (A)  A  COMPLAINT,  INFORMATION,  OR  INDICTMENT WAS FILED AGAINST THE
 PETITIONER THAT ALLOWED THE PROSECUTION TO PROCEED  UNDER  A  THEORY  OF
 FELONY MURDER;
   (B)  THE  PETITIONER  WAS  CONVICTED  OF  MURDER  IN THE SECOND DEGREE
 FOLLOWING A TRIAL OR ACCEPTED A PLEA OFFER IN LIEU OF A TRIAL  AT  WHICH
 THE  PETITIONER  COULD  HAVE  BEEN  CONVICTED  OF FIRST DEGREE OR SECOND
 DEGREE MURDER; AND
   (C) THE PETITIONER COULD NOT BE CONVICTED  OF  MURDER  IN  THE  SECOND
 DEGREE  AS  DEFINED  IN SUBDIVISION THREE OF SECTION 125.25 OF THE PENAL
 LAW, OR WOULD HAVE BEEN SENTENCED DIFFERENTLY, BASED ON THE LANGUAGE  OF
 SUCH  SUBDIVISION AS OF THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF
 TWO THOUSAND TWENTY-FIVE WHICH ADDED THIS SECTION.
   2. THE COURT SHALL REVIEW THE PETITION AND DETERMINE IF THE PETITIONER
 HAS MADE A PRIMA FACIE SHOWING THAT  THE  PETITIONER  FALLS  WITHIN  THE
 PROVISIONS OF THIS SECTION. IF THE PETITIONER HAS REQUESTED COUNSEL, THE
 COURT  SHALL APPOINT COUNSEL TO REPRESENT THE PETITIONER. THE PROSECUTOR
 SHALL FILE AND SERVE A RESPONSE WITHIN SIXTY  DAYS  OF  SERVICE  OF  THE
 PETITION  AND  THE  PETITIONER  MAY FILE AND SERVE A REPLY WITHIN THIRTY
 DAYS AFTER THE PROSECUTOR RESPONSE IS SERVED. THESE DEADLINES  SHALL  BE
 EXTENDED  FOR  GOOD CAUSE. IF THE PETITIONER MAKES A PRIMA FACIE SHOWING
 THAT THEY ARE ENTITLED TO RELIEF, THE COURT SHALL ISSUE AN ORDER TO SHOW
 CAUSE.
   3. WITHIN SIXTY DAYS AFTER THE ORDER TO SHOW  CAUSE  WAS  ISSUED,  THE
 COURT  SHALL  HOLD  A  HEARING TO DETERMINE WHETHER TO VACATE THE MURDER
 CONVICTION AND TO RECALL THE SENTENCE AND RESENTENCE THE  PETITIONER  ON
 ANY  REMAINING  COUNTS  IN  THE SAME MANNER AS IF THE PETITIONER HAD NOT
 BEEN PREVIOUSLY SENTENCED; PROVIDED THAT THE NEW SENTENCE,  IF  ANY,  IS
 NOT GREATER THAN THE INITIAL SENTENCE. THIS DEADLINE MAY BE EXTENDED FOR
 GOOD CAUSE.
   4.  AT  THE HEARING TO DETERMINE WHETHER THE PETITIONER IS ENTITLED TO
 RELIEF, THE BURDEN OF PROOF SHALL BE ON THE PROSECUTION TO PROVE, BEYOND
 A REASONABLE DOUBT, THAT THE PETITIONER IS INELIGIBLE FOR  RESENTENCING.
 IF  THE  PROSECUTION  FAILS  TO  SUSTAIN  ITS BURDEN OF PROOF, THE PRIOR
 CONVICTION,  AND  ANY  ALLEGATIONS  AND  ENHANCEMENTS  ATTACHED  TO  THE
 CONVICTION,  SHALL BE VACATED AND THE PETITIONER SHALL BE RESENTENCED ON
 THE REMAINING CHARGES. THE PROSECUTOR AND THE PETITIONER MAY RELY ON THE
 RECORD OF CONVICTION OR OFFER NEW OR ADDITIONAL EVIDENCE TO  MEET  THEIR
 RESPECTIVE BURDENS.
   5.  IF  THE PETITIONER IS ENTITLED TO RELIEF PURSUANT TO THIS SECTION,
 MURDER WAS CHARGED GENERICALLY, AND THE TARGET OFFENSE WAS NOT  CHARGED,
 THE  PETITIONER'S CONVICTION SHALL BE REDESIGNATED AS THE TARGET OFFENSE
 OR UNDERLYING FELONY FOR RESENTENCING PURPOSES. ANY  APPLICABLE  STATUTE
 OF  LIMITATIONS  SHALL  NOT BE A BAR TO THE COURT'S REDESIGNATION OF THE
 OFFENSE FOR THIS PURPOSE.
   6. A PERSON WHO IS RESENTENCED PURSUANT TO THIS SECTION SHALL BE GIVEN
 CREDIT FOR TIME SERVED. THE JUDGE MAY ORDER THE PETITIONER TO BE SUBJECT
 TO PAROLE SUPERVISION FOR UP TO THREE YEARS FOLLOWING THE COMPLETION  OF
 THE SENTENCE.
 A. 8929                             4
 
   § 5. Paragraph (a) of subdivision 1 of section 70.02 of the penal law,
 as  amended  by  chapter  23  of the laws of 2024, is amended to read as
 follows:
   (a)  Class  B  violent felony offenses: an attempt to commit the class
 A-I felonies of murder in  the  second  degree  as  defined  in  section
 125.25, kidnapping in the first degree as defined in section 135.25, and
 arson  in the first degree as defined in section 150.20; manslaughter in
 the first degree as defined in section 125.20,  aggravated  manslaughter
 in  the  first degree as defined in section 125.22, MURDER IN THE SECOND
 DEGREE AS DEFINED IN SUBDIVISION THREE OF SECTION 125.25,  rape  in  the
 first  degree  as defined in section 130.35, a crime formerly defined in
 section 130.50, aggravated sexual abuse in the first degree  as  defined
 in section 130.70, course of sexual conduct against a child in the first
 degree  as  defined  in  section  130.75, assault in the first degree as
 defined in section 120.10, kidnapping in the second degree as defined in
 section 135.20, burglary in the  first  degree  as  defined  in  section
 140.30, arson in the second degree as defined in section 150.15, robbery
 in  the  first  degree  as defined in section 160.15, sex trafficking as
 defined in paragraphs (a) and (b) of subdivision five of section 230.34,
 sex trafficking of a child as defined in section 230.34-a, incest in the
 first degree as defined in section  255.27,  criminal  possession  of  a
 weapon in the first degree as defined in section 265.04, criminal use of
 a  firearm  in  the  first degree as defined in section 265.09, criminal
 sale of a firearm in the first degree  as  defined  in  section  265.13,
 aggravated  assault  upon a police officer or a peace officer as defined
 in section 120.11, gang assault  in  the  first  degree  as  defined  in
 section  120.07, intimidating a victim or witness in the first degree as
 defined in section 215.17, hindering prosecution  of  terrorism  in  the
 first  degree  as  defined  in  section 490.35, criminal possession of a
 chemical weapon or biological weapon in the second degree as defined  in
 section  490.40,  and  criminal  use  of a chemical weapon or biological
 weapon in the third degree as defined in section 490.47.
   § 6. The department of corrections and community supervision, in coor-
 dination with district attorneys and any other relevant law  enforcement
 agencies  or  bodies,  shall issue an annual report to the chairs of the
 Senate and Assembly judiciary committees which shall include,  but  need
 not be limited to, the following information:
   (i)  The  number of incarcerated persons convicted under subdivision 3
 of section 125.25 of the penal law in New York State by  year  over  the
 past ten years;
   (ii) The age, race, and gender breakdowns of such convictions over the
 past ten years;
   (iii) Whether felony murder (murder in the second degree) was the most
 serious  charge against the defendant or a lower charge they accepted in
 a plea deal (also stratified by age/race/gender);
   (iv) Sentencing data: average sentence, number of people serving  life
 without parole;
   (v) Whether each person charged  under subdivision 3 of section 125.25
 of  the  penal  law   was an accomplice to, major participant in, or the
 perpetrator of the killing act over the past ten years;
   (vi) Who the decedent in the felony murder was  (victim,  perpetrator,
 law enforcement, bystander); and
   (vii)  Whether  the  killing was carried out by a perpetrator, victim,
 law enforcement, or bystander.
   § 7. This act shall take effect immediately.