S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2645
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 22, 2025
                                ___________
 
 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 23 of the laws of 2024  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]  THE
 PERSON 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]  THE  OFFICER'S
 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]  THE  OFFICER'S  official  duties,  and  the
 defendant  knew or reasonably should have known that the intended victim
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04601-01-5
 S. 2645                             2
              

 
 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
 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]
 THE  EMPLOYEE'S  official  duties,  and the defendant knew or reasonably
 should have known that the intended victim was an employee  of  a  state
 correctional institution 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] THE DEFENDANT'S 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 commis-
 sion  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,] SPOUSE, PARENT, CHILD, SIBLING,
 stepparent, grandparent, stepchild 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, a crime formerly defined in section 130.50 of this title, 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
 S. 2645                             3
 
 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  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, SUCH PERSON 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  FORMER  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, SUCH PERSON, 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 UNLAW-
 FULLY 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.