Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 13, 2016 |
print number 6994a |
Jun 13, 2016 |
amend (t) and recommit to codes |
Mar 14, 2016 |
referred to codes |
Senate Bill S6994A
2015-2016 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Bill Amendments
co-Sponsors
(R, C, IP, RFM) Senate District
(R) Senate District
(R, C, IP) Senate District
(R, C) 60th Senate District
2015-S6994 - Details
- See Assembly Version of this Bill:
- A9555
- Current Committee:
- Senate Codes
- Law Section:
- Penal Law
- Laws Affected:
- Amd §125.27, Pen L; amd §300.10, CP L
- Versions Introduced in 2017-2018 Legislative Session:
-
S217, A2886
2015-S6994 - Sponsor Memo
BILL NUMBER: S6994 Revised 04/05/16 TITLE OF BILL : An act to amend the penal law, in relation to sentences of imprisonment for the offense of murder in the second degree PURPOSE OR GENERAL IDEA OF BILL : To impose a mandatory minimum sentence of no less than twenty years nor greater than twenty-five years for a conviction of murder in the second degree when a defendant knew or reasonably should have known that the victim was pregnant. SUMMARY OF SPECIFIC PROVISIONS : Section 1 - Amends subdivision (a)(i) of subsection 3 of section 70.00 of the penal law to impose a mandatory minimum sentence of no less than twenty years nor greater than twenty-five years for a conviction of murder in the second degree when a defendant knew or reasonably should have known that the victim was pregnant. Section 2 - Effective date JUSTIFICATION :
2015-S6994 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6994 I N S E N A T E March 14, 2016 ___________ Introduced by Sen. MARCHIONE -- 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 sentences of imprisonment for the offense of murder in the second degree THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subparagraph (i) of paragraph (a) of subdivision 3 of section 70.00 of the penal law, as amended by chapter 107 of the laws of 2006, is amended to read as follows: (i) For a class A-I felony, such minimum period shall not be less than fifteen years nor more than twenty-five years; provided, however, that (A) where a sentence, other than a sentence of death or life imprison- ment without parole, is imposed upon a defendant convicted of murder in the first degree as defined in section 125.27 of this chapter such mini- mum period shall be not less than twenty years nor more than twenty-five years, and, (B) where a sentence is imposed upon a defendant convicted of murder in the second degree as defined in subdivision five of section 125.25 of this chapter or convicted of aggravated murder as defined in section 125.26 of this chapter, the sentence shall be life imprisonment without parole, and, (C) where a sentence is imposed upon a defendant convicted of attempted murder in the first degree as defined in article one hundred ten of this chapter and subparagraph (i), (ii) or (iii) of paragraph (a) of subdivision one and paragraph (b) of subdivision one of section 125.27 of this chapter or attempted aggravated murder as defined in article one hundred ten of this chapter and section 125.26 of this chapter such minimum period shall be not less than twenty years nor more than forty years, AND, (D) WHERE A SENTENCE IS IMPOSED UPON A DEFENDANT CONVICTED OF MURDER IN THE SECOND DEGREE AS DEFINED IN SECTION 125.25 OF THIS CHAPTER AND A DEFENDANT KNEW OR REASONABLY SHOULD HAVE KNOWN THAT THE VICTIM WAS PREGNANT, SUCH MINIMUM SENTENCE SHALL BE NOT LESS THAN TWENTY YEARS NOR MORE THAN TWENTY-FIVE YEARS. S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14678-02-6
co-Sponsors
(R, C, IP, RFM) Senate District
(R) Senate District
(R, C, IP) Senate District
(R, C) 60th Senate District
2015-S6994A (ACTIVE) - Details
- See Assembly Version of this Bill:
- A9555
- Current Committee:
- Senate Codes
- Law Section:
- Penal Law
- Laws Affected:
- Amd §125.27, Pen L; amd §300.10, CP L
- Versions Introduced in 2017-2018 Legislative Session:
-
S217, A2886
2015-S6994A (ACTIVE) - Sponsor Memo
BILL NUMBER: S6994A TITLE OF BILL : 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 PURPOSE : To impose a mandatory minimum sentence of no less than twenty years nor greater than twenty-five years for a conviction of murder in the second degree when the victim was pregnant and the defendant knew or should have known that the victim was pregnant and to instruct the jury when a defendant is charged with first degree murder under these circumstances. SUMMARY OF PROVISIONS : Section 1 - Adds subdivision (xiv) of section 125.27 of the penal law to impose a mandatory minimum sentence of no less than twenty years to a maximum of twenty-five years for a conviction of murder in the second degree as defined in section 125.25 of the penal law when a victim was pregnant and the defendant knew or should have known that the victim was pregnant.
2015-S6994A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6994--A I N S E N A T E March 14, 2016 ___________ 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 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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: Section 1. Subparagraph (xiii) of paragraph (a) of subdivision 1 of section 125.27 of the penal law, as added by chapter 300 of the laws of 2001, is amended to read as follows: (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] OR (XIV) WHEN THE DEFENDANT COMMITS MURDER IN THE SECOND DEGREE AS DEFINED IN SECTION 125.25 OF THIS ARTICLE AND THE VICTIM WAS PREGNANT AND THE DEFENDANT KNEW OR SHOULD HAVE KNOWN THAT THE VICTIM WAS PREG- NANT; AND S 2. Section 300.10 of the criminal procedure law is amended by adding a new subdivision 3-a to read as follows: 3-A. WHERE A DEFENDANT HAS BEEN CHARGED WITH MURDER IN THE FIRST DEGREE PURSUANT TO SUBPARAGRAPH (XIV) OF PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION 125.27 OF THE PENAL LAW, THE COURT MUST, WITHOUT ELABO- RATION, INSTRUCT THE JURY AS FOLLOWS: "UNDER OUR LAW, A DEFENDANT IS GUILTY OF MURDER IN THE FIRST DEGREE WHEN, WITH INTENT TO CAUSE THE DEATH OF ANOTHER PERSON, THE DEFENDANT CAUSES THE DEATH OF SUCH PERSON (OR OF A THIRD PERSON) AND THE VICTIM WAS PREGNANT AT THE TIME OF THE KILLING AND THE DEFENDANT KNEW OR REASONABLY SHOULD HAVE KNOWN THAT THE VICTIM WAS PREGNANT, AND THE DEFENDANT WAS MORE THAN EIGHTEEN YEARS OLD AT THE TIME OF THE COMMISSION OF THE CRIME. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14678-03-6
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