Bill Text: NY S05353 | 2021-2022 | 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 - Dead) 2022-01-05 - REFERRED TO CODES [S05353 Detail]

Download: New_York-2021-S05353-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5353

                               2021-2022 Regular Sessions

                    IN SENATE

                                      March 2, 2021
                                       ___________

        Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
          printed to be committed to the Committee 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.
                                                                   LBD09991-01-1