Bill Text: NY S06994 | 2015-2016 | General Assembly | Amended

---

Bill Title: Relates to sentences of imprisonment for the murder of a pregnant woman.

Spectrum: Partisan Bill (Republican 7-0)

Status: (Introduced - Dead) 2016-06-13 - PRINT NUMBER 6994A [S06994 Detail]

Download: New_York-2015-S06994-Amended.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                         6994--A
                    IN SENATE
                                     March 14, 2016
                                       ___________
        Introduced  by  Sens.  MARCHIONE,  AKSHAR, CROCI, DeFRANCISCO, GALLIVAN,
          RANZENHOFER, SEWARD -- read twice and ordered printed, and when print-
          ed to be committed to the Committee on Codes -- committee  discharged,
          bill  amended,  ordered  reprinted  as amended and recommitted to said
          committee
        AN ACT to amend the  penal  law  and  the  criminal  procedure  law,  in
          relation  to  sentences of imprisonment for the offense of murder of a
          pregnant woman
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subparagraph  (xiii) of paragraph (a) of subdivision 1 of
     2  section 125.27 of the penal law, as added by chapter 300 of the laws  of
     3  2001, is amended to read as follows:
     4    (xiii) the victim was killed in furtherance of an act of terrorism, as
     5  defined  in  paragraph  (b) of subdivision one of section 490.05 of this
     6  chapter; [and] or
     7    (xiv) when the defendant  commits  murder  in  the  second  degree  as
     8  defined  in  section  125.25 of this article and the victim was pregnant
     9  and the defendant knew or should have known that the  victim  was  preg-
    10  nant; and
    11    § 2. Section 300.10 of the criminal procedure law is amended by adding
    12  a new subdivision 3-a to read as follows:
    13    3-a.  Where  a  defendant  has  been  charged with murder in the first
    14  degree pursuant to subparagraph (xiv) of paragraph  (a)  of  subdivision
    15  one  of  section 125.27 of the penal law, the court must, without elabo-
    16  ration, instruct the jury as follows:
    17    "Under our law, a defendant is guilty of murder in  the  first  degree
    18  when,  with  intent  to cause the death of another person, the defendant
    19  causes the death of such person (or of a third person)  and  the  victim
    20  was  pregnant  at  the  time  of  the  killing and the defendant knew or
    21  reasonably should have known that  the  victim  was  pregnant,  and  the
    22  defendant was more than eighteen years old at the time of the commission
    23  of the crime.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14678-03-6
        S. 6994--A                          2
     1    Some of the terms used in this definition have their own special mean-
     2  ing  in our law. I will now give you the meaning of the following terms:
     3  'intent,' 'knew' and 'reasonably should have known'.
     4    'Intent'  means  conscious  objective  or purpose. Thus, a person acts
     5  with intent to cause the  death  of  another  person  when  his  or  her
     6  conscious objective or purpose is to cause the death of that person.
     7    A  person  'knows' that his or her intended victim is pregnant when he
     8  or she is aware that such victim is pregnant.
     9    A person 'reasonably should know' that his or her intended  victim  is
    10  pregnant  if, in the same circumstances, a reasonable person in the same
    11  position and possessing the same knowledge, would know that such  victim
    12  is pregnant.
    13    In  order  for  you  to  find  the defendant guilty of this crime, the
    14  People are required to prove, from all the evidence in the case,  beyond
    15  a reasonable doubt, each of the following five elements:
    16    1.  That  on or about (date) , in the county of (county) , the defend-
    17  ant, (defendant's name) , caused the death of (actual victim) ;
    18    2. That the defendant did so with the intent to  cause  the  death  of
    19  (intended victim) ;
    20    3. That, at the time of the killing, (actual victim) was pregnant;
    21    4.  That, at the time of the killing, the defendant knew or reasonably
    22  should have known that (actual victim) was pregnant; and
    23    5. That the defendant was more than eighteen years old at the time  of
    24  the commission of the crime.
    25    Therefore, if you find that the People have proven beyond a reasonable
    26  doubt  each of those elements, you must find the defendant guilty of the
    27  crime of murder in the first degree as charged in the count.
    28    On the other hand, if you find that the People have not proven  beyond
    29  a  reasonable doubt any one or more of those elements, you must find the
    30  defendant not guilty of the crime of  murder  in  the  first  degree  as
    31  charged in the count."
    32    § 3. This act shall take effect immediately.