Bill Text: NY A03892 | 2023-2024 | General Assembly | Introduced

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Bill Title: Requires that a defendant must be over twenty-five years old to be guilty of felony murder.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to codes [A03892 Detail]

Download: New_York-2023-A03892-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3892

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 8, 2023
                                       ___________

        Introduced  by M. of A. JACKSON -- read once and referred to the Commit-
          tee on Codes

        AN ACT to amend the penal law, in relation to requiring that a defendant
          must be over twenty-five years old to be guilty of felony murder

          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 paragraph (d) of subdivision 3 of
     2  section  125.25  of  the  penal law, the opening paragraph as amended by
     3  chapter 264 of the laws of 2003 and paragraph (d) as amended by  chapter
     4  477 of the laws of 1990, are amended to read as follows:
     5    Acting  either alone or with one or more other persons, [he] a defend-
     6  ant being more than twenty-five years old commits or attempts to  commit
     7  robbery, burglary, kidnapping, arson, rape in the first degree, criminal
     8  sexual act in the first degree, sexual abuse in the first degree, aggra-
     9  vated  sexual abuse, escape in the first degree, or escape in the second
    10  degree, and, in the course of and in furtherance of  such  crime  or  of
    11  immediate  flight therefrom, he or she, or another participant, if there
    12  be any, causes the death of a person other than one of the participants;
    13  except that in any prosecution under  this  subdivision,  in  which  the
    14  defendant was not the only participant in the underlying crime, it is an
    15  affirmative defense that the defendant:
    16    (d)  Had  no  reasonable  ground to believe that any other participant
    17  intended to engage in conduct likely to result in death or serious phys-
    18  ical injury[; or].
    19    § 2. This act shall take effect immediately.



         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07132-01-3