S T A T E   O F   N E W   Y O R K
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                                  9212

                          I N  A S S E M B L Y

                            February 4, 2016
                               ___________

Introduced by M. of A. HAWLEY, CROUCH, DUPREY, McDONOUGH, MURRAY, PALUM-
  BO, RAIA -- read once and referred 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
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

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

                                                           LBD11250-02-5

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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
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

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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.