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History
- Print number 6994a
- Amend (t) and recommit to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Relates to sentences of imprisonment for the murder of a pregnant woman
In Assembly Committee · Codes · Sponsor John T. McDonald III
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
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
Purpose
To impose a mandatory minimum sentence of no less than twenty years nor greater than twenty-five years for a conviction of murder in the second degree when the victim was pregnant and the defendant knew or should have known that the victim was pregnant and to instruct the jury when a defendant is charged with first degree murder under these circumstances.
Summary of provisions
Section 1 - Adds subdivision (xiv) of section 125.27 of the penal law to impose a mandatory minimum sentence of no less than twenty years to a maximum of twenty-five years for a conviction of murder in the second degree as defined in section 125.25 of the penal law when a victim was pregnant and the defendant knew or should have known that the victim was pregnant.
Section 2 - Amends section 300.10 of the criminal procedure law to add a new subdivision 3-a.
Section 3-a - Where the defendant has been charged with murder in the first degree pursuant to subparagraph (xiv) of paragraph (a) of subdivision one of section 125.27 of the penal law, the court must give specific instructions to the jury.
Section 3. Effective date.
Justification
Under current state law, there is no additional penalty for the murder of a victim who is pregnant and the defendant knew or should have known of the pregnancy. This bill would impose a higher minimum sentence for defendants convicted of murder in the second degree when the victim was pregnant and the defendant knew or reasonably should have known that the victim was pregnant at the time of the murder. The bill also states that where a defendant is charged with murder in the first degree, the court must give specific instructions to the jury.
Under current state law, the minimum sentence for murder in the second degree is no less than fifteen years and no more than twenty-five years. This bill increases that minimum sentence to no less than twenty-years and no more than twenty-five years when a defendant is convicted under the specific circumstances above.
This bill has its origins in a 2014 case that occurred in Rensselaer County. The victim in that case was nine months pregnant and due to give birth in just six days. Further, it was reported that testimony from detectives during a pretrial hearing revealed that DNA testing showed that the defendant was the father of the unborn baby girl and that he did not want the child. It was further reported that police and prosecutors said that the victim and defendant had argued about the child. She was murdered by the defendant, her ex-boyfriend and father of the child, and that the crime scene was set on fire in what prosecutors believed was an attempt to cover up the crime.
Legislative history
New bill.
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.