Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 03, 2018 |
referred to codes |
Jan 04, 2017 |
referred to codes |
Senate Bill S217
2017-2018 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
co-Sponsors
(R, C, IP, RFM) Senate District
(R, C, IP) Senate District
(R) Senate District
(R, C, IP) Senate District
2017-S217 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A2886
- Current Committee:
- Senate Codes
- Law Section:
- Penal Law
- Laws Affected:
- Amd §125.27, Pen L; amd §300.10, CP L
- Versions Introduced in 2015-2016 Legislative Session:
-
S6994, A9555
2017-S217 (ACTIVE) - Sponsor Memo
BILL NUMBER: S217 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.
2017-S217 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 217 2017-2018 Regular Sessions I N S E N A T E (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: 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 § 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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