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A01919 Summary:

BILL NOA01919
 
SAME ASNo Same As
 
SPONSORHawley
 
COSPNSRCrouch, McDonough, Palumbo, Raia, DeStefano, Salka
 
MLTSPNSR
 
Amd 125.27, Pen L
 
Relates to murder in the first degree.
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A01919 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1919
 
SPONSOR: Hawley
  TITLE OF BILL: An act to amend the penal law, in relation to murder in the first degree   PURPOSE OF BILL: To create the crime of murder in the first degree when they commit enumerated sexual offenses and in the course or furtherance of immediate flight after committing such crimes causes the death of a person other than one of the participants and the deceased is found to have been administered any unlawful controlled substance.   SUMMARY OF SPECIFIC PROVISIONS: Section 1 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 1995subparagragh (ii-a) of paragraph (a) of subdivision 1 as amended by chapter 264 of the laws of 2003 and subparagraph (xii0 of paragraph (a) of subdivision 1 as amended and subparagraph (xiii) of paragraph (a) of subdivision 1 as added by chap- ter 300 of the laws of 2001, is amended and a new subdivision 1-a is added to create the crime of murder in the first degree when acting alone or with one or more persons he or she commits or attempts to commit rape in the first degree as defined under section 130.35, crimi- nal sexual act in the first degree as defined under section 130.50, sexual abuse in the first degree as defined under section 130.65 of this title, or in the course and furtherance of immediate flight after committing or attempting to commit any such crimes causes the death of a person, 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. Section 2 is the effective date.   JUSTIFICATION: Using unlawfully controlled substances to take advantage of an individ- ual is a heinous crime that deserves severe punishment. However if you couple that with the death of the individual who has been administered this substance you have a complete tragedy that deserves the highest level of punishment under the law. This legislation makes it first degree murder when an individual administers these substances to an individual and that individual is killed. These individuals who would perpetrate such a crime deserve the highest level of punishment permis- sible under law.   LEGISLATIVE HISTORY: A9212 - 06/06/16 held for consideration in codes A1701 - 01/03/18 referred to codes   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect immediately.
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A01919 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1919
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 18, 2019
                                       ___________
 
        Introduced  by M. of A. HAWLEY, CROUCH, McDONOUGH, PALUMBO, RAIA -- read
          once and referred 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:

     1    Section  1.  The opening paragraph and subdivision 1 of section 125.27
     2  of the penal law, the opening paragraph as added by chapter 367  of  the
     3  laws of 1974, subdivision 1 as amended by chapter 1 of the laws of 1995,
     4  subparagraph  (ii-a) of paragraph (a) of subdivision 1 as added by chap-
     5  ter 1 of the laws of 2013, subparagraph (vii) of paragraph (a) of subdi-
     6  vision 1 as amended by chapter 264 of the laws of 2003 and  subparagraph
     7  (xii)  of  paragraph  (a)  of  subdivision 1 as amended and subparagraph
     8  (xiii) of paragraph (a) of subdivision 1 as added by chapter 300 of  the
     9  laws  of  2001, is amended and a new subdivision 1-a is added to read as
    10  follows:
    11    1. A person is guilty of murder in the first degree when[:
    12    1. With], with intent to cause the death of another person, he  causes
    13  the death of such person or of a third person; and
    14    (a) Either:
    15    (i) the intended victim was a police officer as defined in subdivision
    16  34  of section 1.20 of the criminal procedure law who was at the time of
    17  the killing engaged in the course of performing his official duties, and
    18  the defendant knew or reasonably should have  known  that  the  intended
    19  victim was a police officer; or
    20    (ii) the intended victim was a peace officer as defined in paragraph a
    21  of  subdivision  twenty-one,  subdivision  twenty-three,  twenty-four or
    22  sixty-two (employees of the division for youth) of section 2.10  of  the
    23  criminal procedure law who was at the time of the killing engaged in the
    24  course  of  performing  his  official  duties, and the defendant knew or
    25  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.
                                                                   LBD02115-01-9

        A. 1919                             2
 
     1  uniformed  court officer, parole officer, probation officer, or employee
     2  of the division for youth; or
     3    (ii-a)  the intended victim was a firefighter, emergency medical tech-
     4  nician, ambulance  driver,  paramedic,  physician  or  registered  nurse
     5  involved  in  a first response team, or any other individual who, in the
     6  course of official duties, performs emergency  response  activities  and
     7  was  engaged in such activities at the time of killing and the defendant
     8  knew or reasonably should have known that the intended victim  was  such
     9  firefighter,  emergency medical technician, ambulance driver, paramedic,
    10  physician or registered nurse; or
    11    (iii) the intended victim was an  employee  of  a  state  correctional
    12  institution  or  was  an  employee  of  a local correctional facility as
    13  defined in subdivision two of section forty of the correction  law,  who
    14  was  at  the time of the killing engaged in the course of performing his
    15  official duties, and the defendant knew or reasonably should have  known
    16  that  the intended victim was an employee of a state correctional insti-
    17  tution or a local correctional facility; or
    18    (iv) at the time of the commission of the killing, the  defendant  was
    19  confined in a state correctional institution or was otherwise in custody
    20  upon  a  sentence  for  the term of his natural life, or upon a sentence
    21  commuted to one of natural life, or upon a sentence for an indeterminate
    22  term the minimum of which was at least fifteen years and the maximum  of
    23  which was natural life, or at the time of the commission of the killing,
    24  the defendant had escaped from such confinement or custody while serving
    25  such  a  sentence  and  had not yet been returned to such confinement or
    26  custody; or
    27    (v) the intended victim was a witness to a crime committed on a  prior
    28  occasion  and  the  death  was  caused for the purpose of preventing the
    29  intended victim's testimony in any criminal action or proceeding whether
    30  or not such action or proceeding had been  commenced,  or  the  intended
    31  victim  had  previously testified in a criminal action or proceeding and
    32  the killing was committed for the purpose of  exacting  retribution  for
    33  such  prior  testimony,  or  the intended victim was an immediate family
    34  member of a witness to a crime committed on a  prior  occasion  and  the
    35  killing  was  committed for the purpose of preventing or influencing the
    36  testimony of such witness, or the intended victim was an immediate fami-
    37  ly member of a witness who had previously testified in a criminal action
    38  or proceeding and the killing was committed for the purpose of  exacting
    39  retribution  upon such witness for such prior testimony. As used in this
    40  subparagraph "immediate family member" means a  husband,  wife,  father,
    41  mother,  daughter,  son, brother, sister, stepparent, grandparent, step-
    42  child or grandchild; or
    43    (vi) the defendant committed the killing or procured commission of the
    44  killing pursuant to an agreement with a person other than  the  intended
    45  victim  to  commit  the  same  for the receipt, or in expectation of the
    46  receipt, of anything of pecuniary value from a party to the agreement or
    47  from a person other than the intended victim acting at the direction  of
    48  a party to such agreement; or
    49    (vii)  the  victim was killed while the defendant was in the course of
    50  committing or attempting  to  commit  and  in  furtherance  of  robbery,
    51  burglary  in  the first degree or second degree, kidnapping in the first
    52  degree, arson in the first degree or second degree, rape  in  the  first
    53  degree,  criminal  sexual  act  in the first degree, sexual abuse in the
    54  first degree, aggravated sexual abuse in the first degree or  escape  in
    55  the  first  degree,  or  in  the  course of and furtherance of immediate
    56  flight after committing or attempting to commit any such crime or in the

        A. 1919                             3
 
     1  course of and furtherance of immediate flight after attempting to commit
     2  the crime of murder in the second degree; provided however,  the  victim
     3  is  not  a participant in one of the aforementioned crimes and, provided
     4  further  that,  unless  the  defendant's  criminal  liability under this
     5  subparagraph is based upon the defendant having commanded another person
     6  to cause the death of the victim or intended victim pursuant to  section
     7  20.00  of  this  chapter,  this  subparagraph  shall not apply where the
     8  defendant's criminal liability is based  upon  the  conduct  of  another
     9  pursuant to section 20.00 of this chapter; or
    10    (viii)  as  part of the same criminal transaction, the defendant, with
    11  intent to cause serious physical injury to or the death of an additional
    12  person or persons, causes the death of an additional person or  persons;
    13  provided, however, the victim is not a participant in the criminal tran-
    14  saction; or
    15    (ix) prior to committing the killing, the defendant had been convicted
    16  of  murder as defined in this section or section 125.25 of this article,
    17  or had been convicted in another jurisdiction of an  offense  which,  if
    18  committed  in this state, would constitute a violation of either of such
    19  sections; or
    20    (x) the defendant acted in  an  especially  cruel  and  wanton  manner
    21  pursuant  to  a  course  of  conduct  intended to inflict and inflicting
    22  torture upon the victim prior to the victim's death.  As  used  in  this
    23  subparagraph, "torture" means the intentional and depraved infliction of
    24  extreme  physical  pain;  "depraved"  means  the  defendant relished the
    25  infliction of extreme physical pain upon the victim  evidencing  debase-
    26  ment  or  perversion or that the defendant evidenced a sense of pleasure
    27  in the infliction of extreme physical pain; or
    28    (xi) the defendant intentionally caused the death of two or more addi-
    29  tional persons within the state in separate criminal transactions within
    30  a period of twenty-four months when committed in a  similar  fashion  or
    31  pursuant to a common scheme or plan; or
    32    (xii)  the intended victim was a judge as defined in subdivision twen-
    33  ty-three of section 1.20 of the criminal procedure law and the defendant
    34  killed such victim because such victim was, at the time of the  killing,
    35  a judge; or
    36    (xiii) the victim was killed in furtherance of an act of terrorism, as
    37  defined  in  paragraph  (b) of subdivision one of section 490.05 of this
    38  chapter; and
    39    (b) The defendant was more than eighteen years old at the time of  the
    40  commission of the crime.
    41    1-a.  A  person  is  guilty of murder in the first degree when, acting
    42  either alone or with one or more other persons, he  or  she  commits  or
    43  attempts  to  commit  rape  in the first degree as defined under section
    44  130.35 of this title, criminal sexual act in the first degree as defined
    45  under section 130.50 of this title, sexual abuse in the first degree  as
    46  defined  under  section  130.65  of  this title, or in the course of and
    47  furtherance of immediate flight after committing or attempting to commit
    48  any such crimes, he or she, or another  participant  if  there  be  any,
    49  causes the death of a person other than one of the participants, and the
    50  deceased  person  is  found  to  have  been  administered any unlawfully
    51  controlled substance or any preparation, compound, mixture or  substance
    52  that  requires  a prescription to obtain as defined under section 130.90
    53  of this title.
    54    § 2. This act shall take effect immediately.
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