S T A T E   O F   N E W   Y O R K
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                                  5631

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 21, 2015
                               ___________

Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in relation to 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. Subdivision 1 of section 125.27 of the penal law, as added
by chapter 1 of the laws of 1995, subparagraph (ii-a) of  paragraph  (a)
as  added  by chapter 1 of the laws of 2013, subparagraph (vii) of para-
graph (a) as amended by chapter 264 of the laws of 2003 and subparagraph
(xii) of paragraph (a) as amended and subparagraph (xiii)  of  paragraph
(a)  as  added  by chapter 300 of the laws of 2001, is amended and a new
subdivision 1-a is added to read as follows:
  1. A person is guilty of murder in the first degree when[:
  1. With], WITH intent to cause the death of another person, he  causes
the death of such person or of a third person; and
  (a) Either:
  (i) the intended victim was a police officer as defined in subdivision
34  of section 1.20 of the criminal procedure law who was at the time of
the killing engaged in the course of performing his official duties, and
the defendant knew or reasonably should have  known  that  the  intended
victim was a police officer; or
  (ii) the intended victim was a peace officer as defined in paragraph a
of  subdivision  twenty-one,  subdivision  twenty-three,  twenty-four or
sixty-two (employees of the division for youth) of section 2.10  of  the
criminal procedure law who was at the time of the killing engaged in the
course  of  performing  his  official  duties, and the defendant knew or
reasonably should have  known  that  the  intended  victim  was  such  a
uniformed  court officer, parole officer, probation officer, or employee
of the division for youth; or
  (ii-a) the intended victim was a firefighter, emergency medical  tech-
nician,  ambulance  driver,  paramedic,  physician  or  registered nurse

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11250-02-5
              

S. 5631                             2

involved in a first response team, or any other individual who,  in  the
course  of  official  duties, performs emergency response activities and
was engaged in such activities at the time of killing and the  defendant
knew  or  reasonably should have known that the intended victim was such
firefighter, emergency medical technician, ambulance driver,  paramedic,
physician or registered nurse; or
  (iii)  the  intended  victim  was  an employee of a state correctional
institution or was an employee  of  a  local  correctional  facility  as
defined  in  subdivision two of section forty of the correction law, who
was at the time of the killing engaged in the course of  performing  his
official  duties, and the defendant knew or reasonably should have known
that the intended victim was an employee of a state correctional  insti-
tution or a local correctional facility; or
  (iv)  at  the time of the commission of the killing, the defendant was
confined in a state correctional institution or was otherwise in custody
upon a sentence for the term of his natural life,  or  upon  a  sentence
commuted to one of natural life, or upon a sentence for an indeterminate
term  the minimum of which was at least fifteen years and the maximum of
which was natural life, or at the time of the commission of the killing,
the defendant had escaped from such confinement or custody while serving
such a sentence and had not yet been returned  to  such  confinement  or
custody; or
  (v)  the intended victim was a witness to a crime committed on a prior
occasion and the death was caused for  the  purpose  of  preventing  the
intended victim's testimony in any criminal action or proceeding whether
or  not  such  action  or proceeding had been commenced, or the intended
victim had previously testified in a criminal action or  proceeding  and
the  killing  was  committed for the purpose of exacting retribution for
such prior testimony, or the intended victim  was  an  immediate  family
member  of  a  witness  to a crime committed on a prior occasion and the
killing was committed for the purpose of preventing or  influencing  the
testimony of such witness, or the intended victim was an immediate fami-
ly member of a witness who had previously testified in a criminal action
or  proceeding and the killing was committed for the purpose of exacting
retribution upon such witness for such prior testimony. As used in  this
subparagraph  "immediate  family  member" means a husband, wife, father,
mother, daughter, son, brother, sister, stepparent,  grandparent,  step-
child or grandchild; or
  (vi) the defendant committed the killing or procured commission of the
killing  pursuant  to an agreement with a person other than the intended
victim to commit the same for the receipt,  or  in  expectation  of  the
receipt, of anything of pecuniary value from a party to the agreement or
from  a person other than the intended victim acting at the direction of
a party to such agreement; or
  (vii) the victim was killed while the defendant was in the  course  of
committing  or  attempting  to  commit  and  in  furtherance of robbery,
burglary in the first degree or second degree, kidnapping in  the  first
degree,  arson  in  the first degree or second degree, rape in the first
degree, criminal sexual act in the first degree,  sexual  abuse  in  the
first  degree,  aggravated sexual abuse in the first degree or escape in
the first degree, or in the  course  of  and  furtherance  of  immediate
flight after committing or attempting to commit any such crime or in the
course of and furtherance of immediate flight after attempting to commit
the  crime  of murder in the second degree; provided however, the victim
is not a participant in one of the aforementioned crimes  and,  provided
further  that,  unless  the  defendant's  criminal  liability under this

S. 5631                             3

subparagraph is based upon the defendant having commanded another person
to cause the death of the victim or intended victim pursuant to  section
20.00  of  this  chapter,  this  subparagraph  shall not apply where the
defendant's  criminal  liability  is  based  upon the conduct of another
pursuant to section 20.00 of this chapter; or
  (viii) as part of the same criminal transaction, the  defendant,  with
intent to cause serious physical injury to or the death of an additional
person  or persons, causes the death of an additional person or persons;
provided, however, the victim is not a participant in the criminal tran-
saction; or
  (ix) prior to committing the killing, the defendant had been convicted
of murder as defined in this section or section 125.25 of this  article,
or  had  been  convicted in another jurisdiction of an offense which, if
committed in this state, would constitute a violation of either of  such
sections; or
  (x)  the  defendant  acted  in  an  especially cruel and wanton manner
pursuant to a course of  conduct  intended  to  inflict  and  inflicting
torture  upon  the  victim  prior to the victim's death. As used in this
subparagraph, "torture" means the intentional and depraved infliction of
extreme physical pain;  "depraved"  means  the  defendant  relished  the
infliction  of  extreme physical pain upon the victim evidencing debase-
ment or perversion or that the defendant evidenced a sense  of  pleasure
in the infliction of extreme physical pain; or
  (xi) the defendant intentionally caused the death of two or more addi-
tional persons within the state in separate criminal transactions within
a  period  of  twenty-four months when committed in a similar fashion or
pursuant to a common scheme or plan; or
  (xii) the intended victim was a judge as defined in subdivision  twen-
ty-three of section 1.20 of the criminal procedure law and the defendant
killed  such victim because such victim was, at the time of the killing,
a judge; or
  (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
  (b)  The defendant was more than eighteen years old at the time of the
commission of the crime.
  1-A. A PERSON IS GUILTY OF MURDER IN THE  FIRST  DEGREE  WHEN,  ACTING
EITHER  ALONE  OR  WITH  ONE OR MORE OTHER PERSONS, HE OR SHE COMMITS OR
ATTEMPTS TO COMMIT RAPE IN THE FIRST DEGREE  AS  DEFINED  UNDER  SECTION
130.35 OF THIS TITLE, CRIMINAL SEXUAL ACT IN THE FIRST DEGREE AS DEFINED
UNDER  SECTION 130.50 OF THIS TITLE, SEXUAL ABUSE IN THE FIRST DEGREE AS
DEFINED UNDER SECTION 130.65 OF THIS TITLE, OR  IN  THE  COURSE  OF  AND
FURTHERANCE OF IMMEDIATE FLIGHT AFTER COMMITTING OR ATTEMPTING TO COMMIT
ANY  SUCH  CRIMES,  HE  OR  SHE, OR ANOTHER PARTICIPANT IF THERE BE ANY,
CAUSES THE DEATH OF A PERSON OTHER THAN ONE OF THE PARTICIPANTS, AND THE
DECEASED PERSON IS  FOUND  TO  HAVE  BEEN  ADMINISTERED  ANY  UNLAWFULLY
CONTROLLED  SUBSTANCE OR ANY PREPARATION, COMPOUND, MIXTURE OR SUBSTANCE
THAT REQUIRES A PRESCRIPTION TO OBTAIN AS DEFINED UNDER  SECTION  130.90
OF THIS TITLE.
  S 2. This act shall take effect immediately.