Bill Text: NY S00217 | 2017-2018 | General Assembly | Introduced

New York Senate Bill 217 (Prior Session Legislation)

Introduced

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

Spectrum: Partisan Bill (Republican 9-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO CODES [S00217 Detail]

Download: New_York-2017-S00217-Introduced.html

                STATE OF NEW YORK
        ________________________________________________________________________
                                           217
                               2017-2018 Regular Sessions
                    IN SENATE
                                       (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:
     1    Section  1.  Subparagraph  (xiii) of paragraph (a) of subdivision 1 of
     2  section 125.27 of the penal law, as added by chapter 300 of the laws  of
     3  2001, is amended to read as follows:
     4    (xiii) the victim was killed in furtherance of an act of terrorism, as
     5  defined  in  paragraph  (b) of subdivision one of section 490.05 of this
     6  chapter; [and] or
     7    (xiv) when the defendant  commits  murder  in  the  second  degree  as
     8  defined  in  section  125.25 of this article and the victim was pregnant
     9  and the defendant knew or should have known that the  victim  was  preg-
    10  nant; and
    11    § 2. Section 300.10 of the criminal procedure law is amended by adding
    12  a new subdivision 3-a to read as follows:
    13    3-a.  Where  a  defendant  has  been  charged with murder in the first
    14  degree pursuant to subparagraph (xiv) of paragraph  (a)  of  subdivision
    15  one  of  section 125.27 of the penal law, the court must, without elabo-
    16  ration, instruct the jury as follows:
    17    "Under our law, a defendant is guilty of murder in  the  first  degree
    18  when,  with  intent  to cause the death of another person, the defendant
    19  causes the death of such person (or of a third person)  and  the  victim
    20  was  pregnant  at  the  time  of  the  killing and the defendant knew or
    21  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
     1  defendant was more than eighteen years old at the time of the commission
     2  of the crime.
     3    Some of the terms used in this definition have their own special mean-
     4  ing  in our law. I will now give you the meaning of the following terms:
     5  'intent,' 'knew' and 'reasonably should have known'.
     6    'Intent' means conscious objective or purpose.  Thus,  a  person  acts
     7  with  intent  to  cause  the  death  of  another  person when his or her
     8  conscious objective or purpose is to cause the death of that person.
     9    A person 'knows' that his or her intended victim is pregnant  when  he
    10  or she is aware that such victim is pregnant.
    11    A  person  'reasonably should know' that his or her intended victim is
    12  pregnant if, in the same circumstances, a reasonable person in the  same
    13  position  and possessing the same knowledge, would know that such victim
    14  is pregnant.
    15    In order for you to find the  defendant  guilty  of  this  crime,  the
    16  People  are required to prove, from all the evidence in the case, beyond
    17  a reasonable doubt, each of the following five elements:
    18    1. That on or about (date) , in the county of (county) ,  the  defend-
    19  ant, (defendant's name) , caused the death of (actual victim) ;
    20    2.  That  the  defendant  did so with the intent to cause the death of
    21  (intended victim) ;
    22    3. That, at the time of the killing, (actual victim) was pregnant;
    23    4. That, at the time of the killing, the defendant knew or  reasonably
    24  should have known that (actual victim) was pregnant; and
    25    5.  That the defendant was more than eighteen years old at the time of
    26  the commission of the crime.
    27    Therefore, if you find that the People have proven beyond a reasonable
    28  doubt each of those elements, you must find the defendant guilty of  the
    29  crime of murder in the first degree as charged in the count.
    30    On  the other hand, if you find that the People have not proven beyond
    31  a reasonable doubt any one or more of those elements, you must find  the
    32  defendant  not  guilty  of  the  crime  of murder in the first degree as
    33  charged in the count."
    34    § 3. This act shall take effect immediately.