Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 13, 2016 |
print number 9555a |
Jun 13, 2016 |
amend (t) and recommit to codes |
Mar 16, 2016 |
referred to codes |
Assembly Bill A9555A
2015-2016 Legislative Session
Sponsored By
MCDONALD
Archive: Last Bill Status - In Assembly 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
Michael Simanowitz
Steven McLaughlin
Patricia Fahy
John Ceretto
multi-Sponsors
William A. Barclay
Marc Butler
Janet Duprey
Thomas McKevitt
2015-A9555 - Details
2015-A9555 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 9555 I N A S S E M B L Y March 16, 2016 ___________ Introduced by M. of A. McDONALD -- read once and referred to the Commit- tee 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
Michael Simanowitz
Steven McLaughlin
Patricia Fahy
John Ceretto
multi-Sponsors
William A. Barclay
Marc Butler
Janet Duprey
Thomas McKevitt
2015-A9555A (ACTIVE) - Details
2015-A9555A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 9555--A I N A S S E M B L Y March 16, 2016 ___________ Introduced by M. of A. McDONALD, SIMANOWITZ, McLAUGHLIN, FAHY, CERETTO, RA, TEDISCO, LUPINACCI, FRIEND, CRESPO, GIGLIO, COLTON, GRAF, McDO- NOUGH, PALMESANO -- Multi-Sponsored by -- M. of A. BARCLAY, BUTLER, DUPREY, McKEVITT -- read once and referred 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.
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