Bill Text: NY A01433 | 2017-2018 | General Assembly | Introduced

New York Assembly Bill 1433 (Prior Session Legislation)

Introduced

Bill Title: 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.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2017-09-27 - enacting clause stricken [A01433 Detail]

Download: New_York-2017-A01433-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________
                                          1433
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    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:
     1    Section  1. Subdivision 4 of section 125.20 of the penal law, as added
     2  by chapter 477 of the laws of 1990, is amended and a new  subdivision  5
     3  is added to read as follows:
     4    4.  Being eighteen years old or more and with intent to cause physical
     5  injury to a person less than eleven years old, the defendant  recklessly
     6  engages in conduct which creates a grave risk of serious physical injury
     7  to such person and thereby causes the death of such person[.]; or
     8    5.  The  defendant  recklessly  causes  the death of another person by
     9  means of a deadly weapon or dangerous instrument.
    10    § 2. Subdivision 2 of section 125.25 of the penal law, as  amended  by
    11  chapter 791 of the laws of 1967, is amended to read as follows:
    12    2. Under circumstances evincing a depraved indifference to [human] the
    13  life  of  another  person,  he  intentionally  or  recklessly engages in
    14  conduct which creates a grave risk  of  death  to  another  person,  and
    15  thereby causes the death of another person; or
    16    §  3.  The penal law is amended by adding a new section 125.24 to read
    17  as follows:
    18  § 125.24 Murder in the second degree; no defense.
    19    The crimes defined in subdivisions one and two of  section  125.25  of
    20  this article are not mutually exclusive, and it is no defense to a pros-
    21  ecution for murder in the second degree under subdivision two of section
    22  125.25  of this article that, by reason of the same conduct, the defend-
    23  ant also committed murder in the second degree under subdivision one  of
    24  section 125.25 of this article.
    25    §  4.  This  act shall take effect on the ninetieth day after it shall
    26  have become a law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03481-01-7