S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3584
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 1, 2023
                                ___________
 
 Introduced  by Sen. GALLIVAN -- 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 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.  The opening paragraph and subdivision 1 of section 125.27
 of the penal law, the opening paragraph as added by chapter 367  of  the
 laws of 1974, subdivision 1 as amended by chapter 1 of the laws of 1995,
 subparagraph  (ii-a) of paragraph (a) of subdivision 1 as added by chap-
 ter 1 of the laws of 2013, subparagraph (vii) of paragraph (a) of subdi-
 vision 1 as amended by chapter 264 of the laws of 2003 and  subparagraph
 (xii)  of  paragraph  (a)  of  subdivision 1 as amended and subparagraph
 (xiii) of paragraph (a) of subdivision 1 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00067-01-3
 S. 3584                             2
              

 
 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
 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
 S. 3584                             3
 
 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
 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.
   § 2. This act shall take effect immediately.