Bill Text: NY A06727 | 2011-2012 | General Assembly | Introduced

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Bill Title: Provides that the intentional murder of a child under the age of twelve shall be a first degree murder offense; amends the definition of torture related to first degree murder.

Spectrum: Strong Partisan Bill (Republican 12-1)

Status: (Introduced - Dead) 2012-01-04 - referred to codes [A06727 Detail]

Download: New_York-2011-A06727-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6727
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 25, 2011
                                      ___________
       Introduced by M. of A. TENNEY -- read once and referred to the Committee
         on Codes
       AN  ACT  to amend the penal law, in relation to first degree murder of a
         child under the age of twelve
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subparagraphs (x) and (xiii) of paragraph (a) of subdivi-
    2  sion 1 of section 125.27 of the penal law, subparagraph (x) as added  by
    3  chapter  1 of the laws of 1995 and subparagraph (xiii) as added by chap-
    4  ter 300 of the laws of 2001, are amended and a new subparagraph (xiv) is
    5  added to read as follows:
    6    (x) the defendant acted in  an  especially  cruel  and  wanton  manner
    7  pursuant  to  a  course  of  conduct  intended to inflict and inflicting
    8  torture upon the victim prior to the victim's death.  As  used  in  this
    9  subparagraph, "torture" means the intentional and depraved infliction of
   10  extreme  physical  pain;  "depraved"  means  the defendant [relished the
   11  infliction of] INFLICTED extreme physical pain upon the victim  evidenc-
   12  ing  debasement or perversion or that the defendant evidenced a sense of
   13  pleasure in the infliction of extreme physical pain; or
   14    (xiii) the victim was killed in furtherance of an act of terrorism, as
   15  defined in paragraph (b) of subdivision one of section  490.05  of  this
   16  chapter; [and] OR
   17    (XIV) THE VICTIM WAS A CHILD UNDER THE AGE OF TWELVE; AND
   18    S 2. This act shall take effect on the first of November next succeed-
   19  ing the date on which it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04289-01-1