Bill S2508-2013

Creates a new subdivision of manslaughter in the first degree; modifies the existing depraved indifference part of murder in the 2nd degree

Establishes a person is guilty of manslaughter in the first 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, which are not mutually exclusive.

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  • Jan 8, 2014: REFERRED TO CODES
  • Jan 18, 2013: REFERRED TO CODES

Memo

BILL NUMBER:S2508

TITLE OF BILL: An act to amend the penal law, in relation to the crimes of manslaughter in the first degree and murder in the second degree

SUMMARY OF PROVISIONS:

Section 1; subdivision 4 of section 125.20 of the penal law as added by chapter 477 of the laws of 1990, is amended and a new subdivision 5 is added. Section 2; subdivision 2 of section 125.25 of the penal law, as amended by chapter 791 of the laws of 1967 is amended. Section 3 adds new section 125.24 murder in the second degree; no defense. section 4 states the effective date.

JUSTIFICATION: On July 11, 1999 Walter Casper planned and carried out the murder of his wife Cathy by driving their van into a pull-off in Naples, New York, in the only area that was unencumbered by trees, and jumping out of the van just prior to it going over a 300 foot cliff, carrying Cathy to her death. He has shown no remorse and has never taken responsibility for his actions, although he confessed to the crime prior to his arrest. He was tried and found guilty of Murder in the 2nd degree--Depraved Indifference Murder. Due to a change in the interpretation of this law, years later, by the Court of Appeals in Albany, Casper filed an appeal and his murder conviction was reduced to 2nd Degree Manslaughter. Instead of his original sentence of 25 years to life, he now only has to serve 5-15 years under the reduced sentence, and could be released on parole at anytime. It is also a matter of public safety that Walter Casper not be released into our community. He should not be free to harm anyone else. This bill would fix this problem with the penal law, so a person like Walter Casper will pay for his action and not be able to harm anyone else.

LEGISLATIVE HISTORY: 2007 Passed Senate 2009 -2010 Referred to Codes 2011 - 2012 Referred to Codes

EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have become law.


Text

STATE OF NEW YORK ________________________________________________________________________ 2508 2013-2014 Regular Sessions IN SENATE January 18, 2013 ___________
Introduced by Sen. ROBACH -- 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 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: Section 1. Subdivision 4 of section 125.20 of the penal law, as added by chapter 477 of the laws of 1990, is amended and a new subdivision 5 is added to read as follows: 4. Being eighteen years old or more and with intent to cause physical injury to a person less than eleven years old, the defendant recklessly engages in conduct which creates a grave risk of serious physical injury to such person and thereby causes the death of such person[.]; OR 5. THE DEFENDANT RECKLESSLY CAUSES THE DEATH OF ANOTHER PERSON BY MEANS OF A DEADLY WEAPON OR DANGEROUS INSTRUMENT. S 2. Subdivision 2 of section 125.25 of the penal law, as amended by chapter 791 of the laws of 1967, is amended to read as follows: 2. Under circumstances evincing a depraved indifference to [human] THE life OF ANOTHER PERSON, he INTENTIONALLY OR recklessly engages in conduct which creates a grave risk of death to another person, and thereby causes the death of another person; or S 3. The penal law is amended by adding a new section 125.24 to read as follows: S 125.24 MURDER IN THE SECOND DEGREE; NO DEFENSE. THE CRIMES DEFINED IN SUBDIVISIONS ONE AND TWO OF SECTION 125.25 OF THIS ARTICLE ARE NOT MUTUALLY EXCLUSIVE, AND IT IS NO DEFENSE TO A PROS- ECUTION FOR MURDER IN THE SECOND DEGREE UNDER SUBDIVISION TWO OF SECTION 125.25 OF THIS ARTICLE THAT, BY REASON OF THE SAME CONDUCT, THE DEFEND- ANT ALSO COMMITTED MURDER IN THE SECOND DEGREE UNDER SUBDIVISION ONE OF SECTION 125.25 OF THIS ARTICLE. S 4. This act shall take effect on the ninetieth day after it shall have become a law.

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