Bill S943-2011

Increases the penalty for crime of criminally negligent homicide

Increases the penalty for the crime of criminally negligent homicide by changing such offense to a class D felony from a class E felony.

Details

Actions

  • Feb 29, 2012: referred to codes
  • Feb 29, 2012: DELIVERED TO ASSEMBLY
  • Feb 29, 2012: PASSED SENATE
  • Feb 14, 2012: ADVANCED TO THIRD READING
  • Feb 13, 2012: 2ND REPORT CAL.
  • Feb 7, 2012: 1ST REPORT CAL.180
  • Jan 4, 2012: REFERRED TO CODES
  • Jan 4, 2012: returned to senate
  • Jan 4, 2012: died in assembly
  • Feb 14, 2011: referred to codes
  • Feb 14, 2011: DELIVERED TO ASSEMBLY
  • Feb 14, 2011: PASSED SENATE
  • Feb 1, 2011: ADVANCED TO THIRD READING
  • Jan 31, 2011: 2ND REPORT CAL.
  • Jan 25, 2011: 1ST REPORT CAL.24
  • Jan 5, 2011: REFERRED TO CODES

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Codes - Jan 25, 2011
Ayes (14): Saland, DeFrancisco, Flanagan, Fuschillo, Gallivan, Golden, Lanza, Nozzolio, O'Mara, Gianaris, Huntley, Perkins, Squadron, Espaillat
Nays (2): Duane, Parker
VOTE: COMMITTEE VOTE: - Codes - Feb 7, 2012
Ayes (13): Saland, DeFrancisco, Flanagan, Fuschillo, Gallivan, Golden, Lanza, Nozzolio, O'Mara, Gianaris, Huntley, Squadron, Espaillat
Ayes W/R (2): Duane, Perkins
Nays (1): Parker

Memo

BILL NUMBER:S943

TITLE OF BILL: An act to amend the penal law, in relation to criminally negligent homicide

PURPOSE: This bill would make criminally negligent homicide a class D felony.

SUMMARY OF PROVISIONS: Section 125.10 of the penal law is amended to increase the crime of criminally negligent homicide from a class E felony offense to a class D felony offense.

JUSTIFICATION: Judges have expressed the view, during sentencing and after, that the sentence which could be imposed under the limits of the criminally negligent homicide statute, often do not fit the seriousness of the crime committed.

First degree manslaughter is a class B felony and second degree manslaughter is a class C felony. Logically, the next successive or immediate lesser offense of criminally negligent homicide should be a class D felony. However, under current State penal law, criminally negligent homicide is actually a class E felony.

Unfortunately, the discrepancy in the classification of these crimes was all too recently illustrated in the tragic death of a police officer, who died in May of 1996 as a result of injuries sustained while responding to a domestic dispute. During the course of a struggle, the officer fell and was cut by a piece of glass from a mirror which the defendant had allegedly thrown at his wife. The officer subsequently died as result of a severed artery.

The Grand Jury indicted the defendant on charges of criminally negligent homicide, assault in the second degree, attempted assault in the second degree, reckless endangerment and resisting arrest. In this case the statutory discrepancy subjected the defendant to harsher treatment for injuring the officer (assault in the second degree, a maximum of seven years in prison) than for causing the death of the officer (criminally negligent homicide, a maximum sentence of four years in prison).

Obviously, this case and others like it are a complete travesty. Accordingly, this bill will amend current law to make the crime of criminally negligent homicide more compatible with the seriousness of the offense committed.

LEGISLATIVE HISTORY: Passed Senate: 1995-2008 Senate Codes Committee: 2009-10

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the first day of January next succeeding the date on which it shall have become law.


Text

STATE OF NEW YORK ________________________________________________________________________ 943 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________
Introduced by Sens. MARCELLINO, LARKIN, RANZENHOFER -- 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 criminally negligent homi- cide THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 125.10 of the penal law is amended to read as follows: S 125.10 Criminally negligent homicide. A person is guilty of criminally negligent homicide when, with crimi- nal negligence, he causes the death of another person. Criminally negligent homicide is a class [E] D felony. S 2. This act shall take effect on the first of January next succeed- ing the date on which it shall have become a law.

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