Assembly Bill A3892

2023-2024 Legislative Session

Requires that a defendant must be over twenty-five years old to be guilty of felony murder

download bill text pdf

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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

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2023-A3892 (ACTIVE) - Details

See Senate Version of this Bill:
S4346
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §125.25, Pen L
Versions Introduced in Other Legislative Sessions:
2021-2022: A6840, S5353
2025-2026: A327

2023-A3892 (ACTIVE) - Summary

Requires that a defendant must be over twenty-five years old to be guilty of felony murder.

2023-A3892 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3892
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2023
                                ___________
 
 Introduced  by M. of A. JACKSON -- read once and referred to the Commit-
   tee on Codes
 
 AN ACT to amend the penal law, in relation to requiring that a defendant
   must be over twenty-five years old to be guilty of felony murder
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The opening paragraph and paragraph (d) of subdivision 3 of
 section  125.25  of  the  penal law, the opening paragraph as amended by
 chapter 264 of the laws of 2003 and paragraph (d) as amended by  chapter
 477 of the laws of 1990, are amended to read as follows:
   Acting  either alone or with one or more other persons, [he] A DEFEND-
 ANT BEING MORE THAN TWENTY-FIVE YEARS OLD commits or attempts to  commit
 robbery, burglary, kidnapping, arson, rape in the first degree, criminal
 sexual act in the first degree, sexual abuse in the first degree, aggra-
 vated  sexual abuse, escape in the first degree, or escape in the second
 degree, and, in the course of and in furtherance of  such  crime  or  of
 immediate  flight therefrom, he OR SHE, or another participant, if there
 be any, causes the death of a person other than one of the participants;
 except that in any prosecution under  this  subdivision,  in  which  the
 defendant was not the only participant in the underlying crime, it is an
 affirmative defense that the defendant:
   (d)  Had  no  reasonable  ground to believe that any other participant
 intended to engage in conduct likely to result in death or serious phys-
 ical injury[; or].
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07132-01-3

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