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History
- Referred to codes
- Referred to codes
Companion bill
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Creates a new subdivision of manslaughter in the first degree; modifies the existing depraved indifference part of murder in the 2nd degree
In Assembly Committee · Codes · Sponsor Brian Kolb
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S488
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
Effective date
This act shall take effect on the ninetieth day after it shall have become law
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.