STATE OF NEW YORK
________________________________________________________________________
179
2009-2010 Regular Sessions
IN ASSEMBLY(Prefiled)
January 7, 2009
___________
Introduced by M. of A. PHEFFER -- Multi-Sponsored by -- M. of A. ALFANO,
BARRA, KOON -- read once and referred to the Committee on Codes
AN ACT to amend the criminal procedure law and the penal law, in
relation to imposing criminal responsibility on juvenile offenders for
felony murders resulting from attempted juvenile offenses
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 42 of section 1.20 of the criminal procedure
2 law, as amended by chapter 7 of the laws of 2007, is amended to read as
3 follows:
4 42. "Juvenile offender" means (1) a person, thirteen years old who is
5 criminally responsible for acts constituting murder in the second degree
6 as defined in subdivisions one and two of section 125.25 of the penal
7 law, or such conduct as a sexually motivated felony, where authorized
8 pursuant to section 130.91 of the penal law; and (2) a person fourteen
9 or fifteen years old who is criminally responsible for acts constituting
10 the crimes defined in subdivisions one and two of section 125.25 (murder
11 in the second degree) and in subdivision three of such section provided
12 that the underlying crime for the murder charge is either: one for which
13 such person is criminally responsible or an attempt to commit a crime
14 for which such person is criminally responsible; section 135.25 (kidnap-
15 ping in the first degree); 150.20 (arson in the first degree); subdivi-
16 sions one and two of section 120.10 (assault in the first degree);
17 125.20 (manslaughter in the first degree); subdivisions one and two of
18 section 130.35 (rape in the first degree); subdivisions one and two of
19 section 130.50 (criminal sexual act in the first degree); 130.70 (aggra-
20 vated sexual abuse in the first degree); 140.30 (burglary in the first
21 degree); subdivision one of section 140.25 (burglary in the second
22 degree); 150.15 (arson in the second degree); 160.15 (robbery in the
23 first degree); subdivision two of section 160.10 (robbery in the second
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01870-01-9
A. 179 2
1 degree) of the penal law; or section 265.03 of the penal law, where such
2 machine gun or such firearm is possessed on school grounds, as that
3 phrase is defined in subdivision fourteen of section 220.00 of the penal
4 law; or defined in the penal law as an attempt to commit murder in the
5 second degree or kidnapping in the first degree, or such conduct as a
6 sexually motivated felony, where authorized pursuant to section 130.91
7 of the penal law.
8 § 2. Subdivision 18 of section 10.00 of the penal law, as amended by
9 chapter 7 of the laws of 2007, is amended to read as follows:
10 18. "Juvenile offender" means (1) a person thirteen years old who is
11 criminally responsible for acts constituting murder in the second degree
12 as defined in subdivisions one and two of section 125.25 of this chapter
13 or such conduct as a sexually motivated felony, where authorized pursu-
14 ant to section 130.91 of the penal law; and
15 (2) a person fourteen or fifteen years old who is criminally responsi-
16 ble for acts constituting the crimes defined in subdivisions one and two
17 of section 125.25 (murder in the second degree) and in subdivision three
18 of such section provided that the underlying crime for the murder charge
19 is either: one for which such person is criminally responsible or an
20 attempt to commit a crime for which such person is criminally responsi-
21 ble; section 135.25 (kidnapping in the first degree); 150.20 (arson in
22 the first degree); subdivisions one and two of section 120.10 (assault
23 in the first degree); 125.20 (manslaughter in the first degree); subdi-
24 visions one and two of section 130.35 (rape in the first degree); subdi-
25 visions one and two of section 130.50 (criminal sexual act in the first
26 degree); 130.70 (aggravated sexual abuse in the first degree); 140.30
27 (burglary in the first degree); subdivision one of section 140.25
28 (burglary in the second degree); 150.15 (arson in the second degree);
29 160.15 (robbery in the first degree); subdivision two of section 160.10
30 (robbery in the second degree) of this chapter; or section 265.03 of
31 this chapter, where such machine gun or such firearm is possessed on
32 school grounds, as that phrase is defined in subdivision fourteen of
33 section 220.00 of this chapter; or defined in this chapter as an attempt
34 to commit murder in the second degree or kidnapping in the first degree,
35 or such conduct as a sexually motivated felony, where authorized pursu-
36 ant to section 130.91 of the penal law.
37 § 3. Subdivision 2 of section 30.00 of the penal law, as amended by
38 chapter 7 of the laws of 2007, is amended to read as follows:
39 2. A person thirteen, fourteen or fifteen years of age is criminally
40 responsible for acts constituting murder in the second degree as defined
41 in subdivisions one and two of section 125.25 and in subdivision three
42 of such section provided that the underlying crime for the murder charge
43 is either: one for which such person is criminally responsible or an
44 attempt to commit a crime for which such person is criminally responsi-
45 ble or for such conduct as a sexually motivated felony, where authorized
46 pursuant to section 130.91 of the penal law; and a person fourteen or
47 fifteen years of age is criminally responsible for acts constituting the
48 crimes defined in section 135.25 (kidnapping in the first degree);
49 150.20 (arson in the first degree); subdivisions one and two of section
50 120.10 (assault in the first degree); 125.20 (manslaughter in the first
51 degree); subdivisions one and two of section 130.35 (rape in the first
52 degree); subdivisions one and two of section 130.50 (criminal sexual act
53 in the first degree); 130.70 (aggravated sexual abuse in the first
54 degree); 140.30 (burglary in the first degree); subdivision one of
55 section 140.25 (burglary in the second degree); 150.15 (arson in the
56 second degree); 160.15 (robbery in the first degree); subdivision two of
A. 179 3
1 section 160.10 (robbery in the second degree) of this chapter; or
2 section 265.03 of this chapter, where such machine gun or such firearm
3 is possessed on school grounds, as that phrase is defined in subdivision
4 fourteen of section 220.00 of this chapter; or defined in this chapter
5 as an attempt to commit murder in the second degree or kidnapping in the
6 first degree, or for such conduct as a sexually motivated felony, where
7 authorized pursuant to section 130.91 of the penal law.
8 § 4. This act shall take effect on the first of November next succeed-
9 ing the date on which it shall have become a law.
