Establishes a person is guilty of murder in the second degree when he or she recklessly causes the death of another person by means of a deadly weapon or deadly instrument; establishes a person is guilty of murder in the second degree when he or she under circumstances evincing a depraved indifference to the life of another person, intentionally engages in conduct which creates a grave risk of death to another person, and thereby causes the death of another person; establishes two of the situations where a person is guilty of murder in the second degree are not mutually exclusive.
STATE OF NEW YORK
________________________________________________________________________
2945
2009-2010 Regular Sessions
IN ASSEMBLY
January 22, 2009
___________
Introduced by M. of A. KOLB, BURLING, ERRIGO, McKEVITT, MOLINARO, SCOZ-
ZAFAVA -- Multi-Sponsored by -- M. of A. BACALLES, BUTLER, CROUCH,
DUPREY, FINCH, GIGLIO, KOON, OAKS, RAIA, TOBACCO, WALKER -- read once
and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to the crimes of manslaughter
in the first degree and murder in the second degree
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 4 of section 125.20 of the penal law, as added
2 by chapter 477 of the laws of 1990, is amended and a new subdivision 5
3 is added to read as follows:
4 4. Being eighteen years old or more and with intent to cause physical
5 injury to a person less than eleven years old, the defendant recklessly
6 engages in conduct which creates a grave risk of serious physical injury
7 to such person and thereby causes the death of such person[.]; or
8 5. The defendant recklessly causes the death of another person by
9 means of a deadly weapon or dangerous instrument.
10 § 2. Subdivision 2 of section 125.25 of the penal law, as amended by
11 chapter 791 of the laws of 1967, is amended to read as follows:
12 2. Under circumstances evincing a depraved indifference to [human] the
13 life of another person, he intentionally or recklessly engages in
14 conduct which creates a grave risk of death to another person, and
15 thereby causes the death of another person; or
16 § 3. The penal law is amended by adding a new section 125.24 to read
17 as follows:
18 § 125.24 Murder in the second degree; no defense.
19 The crimes defined in subdivisions one and two of section 125.25 of
20 this article are not mutually exclusive, and it is no defense to a pros-
21 ecution for murder in the second degree under subdivision two of section
22 125.25 of this article that, by reason of the same conduct, the defend-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03852-01-9
A. 2945 2
1 ant also committed murder in the second degree under subdivision one of
2 section 125.25 of this article.
3 § 4. This act shall take effect on the ninetieth day after it shall
4 have become a law.
