New York 2025-2026 Regular Session

New York Senate Bill S08464

Introduced
7/21/25  

Caption

Amends elements of the felony murder rule to require that defendant directly causes death or be an accomplice with the intent to cause death; permits vacating conviction or resentencing of defendants convicted of felony murder; amends maximum sentence; permits the defense of duress for victims of domestic violence; requires reporting of certain crime statistics and information.

Impact

The impact of the bill could be substantial, particularly for individuals previously sentenced under the felony murder doctrine, which has been criticized for contributing to severe and sometimes life-long sentences without a corresponding direct involvement in the homicide. This legislation aims to remedy past injustices in cases where defendants were unfairly sentenced for murder without having committed a homicide. Additionally, it introduces protections for victims of domestic violence, allowing them to use the defense of duress if they have been coerced into participating in felonies.

Summary

S08464 amends the existing felony murder rule in New York State by mandating that a defendant must have directly caused a death or acted as an accomplice with the intent to cause death to be charged with felony murder. This change is significant as it seeks to realign the application of felony murder charges with principles of proportionality in sentencing, moving away from the broad application that has previously allowed individuals, for instance, just driving a getaway car, to be sentenced as if they had committed murder. The bill also allows for the possibility of vacating convictions or resentencing for those already convicted under the old provisions, which many argue are overly punitive.

Contention

Notably, the bill has sparked contention regarding its potential implications for public safety versus serving justice fairly. Advocates for reform argue that the traditional interpretation of felony murder disproportionately affects marginalized communities and fails to recognize the nuanced realities of individuals who may find themselves in life-threatening circumstances due to circumstances beyond their control. Critics, however, may express concern that loosening the standards for felony murder could embolden criminal behavior or reduce accountability for violent crimes.

Companion Bills

NY A08929

Same As Amends elements of the felony murder rule to require that defendant directly causes death or be an accomplice with the intent to cause death; permits vacating conviction or resentencing of defendants convicted of felony murder; amends maximum sentence; permits the defense of duress for victims of domestic violence; requires reporting of certain crime statistics and information.

Previously Filed As

NY A02899

Amends elements of the felony murder rule to require that defendant directly causes death or be an accomplice with the intent to cause death; permits vacating conviction or resentencing of defendants convicted of felony murder; amends maximum sentence; permits the defense of duress for victims of domestic violence; requires reporting of certain crime statistics and information.

NY S06865

Amends elements of the felony murder rule to require that defendant directly causes death or be an accomplice with the intent to cause death; permits vacating conviction or resentencing of defendants convicted of felony murder; amends maximum sentence; permits the defense of duress for victims of domestic violence; requires reporting of certain crime statistics and information.

NY A10066

Designates crimes of manslaughter as class A-1 felonies when a defendant recklessly or with the intent to cause physical injury causes the death of a child.

NY S04346

Requires that a defendant must be over twenty-five years old to be guilty of felony murder.

NY A03892

Requires that a defendant must be over twenty-five years old to be guilty of felony murder.

NY A01332

Requires that following the acquittal after trial or the sentencing of any defendant for a felony, the clerk of the court, or such clerk's designee, shall mail a written summary of the disposition of such felony to any victim who was not present at the time that the defendant was sentenced or acquitted after trial.

NY S00206

Removes the lifetime ban on jury duty for convicted felons; provides that if convicted of a felony, such person has completed all sentencing requirements to such conviction, including any required term of imprisonment, probation, or community supervision.

NY A01432

Removes the lifetime ban on jury duty for convicted felons; provides that if convicted of a felony, such person has completed all sentencing requirements to such conviction, including any required term of imprisonment, probation, or community supervision.

NY S00103

Authorizes imposition of life imprisonment without parole sentence for persistent violent felony offenders upon conviction of a violent felony offense when such person has previously been subjected to two or more predicate violent felony convictions.

NY A05557

Authorizes imposition of life imprisonment without parole sentence for persistent violent felony offenders upon conviction of a violent felony offense when such person has previously been subjected to two or more predicate violent felony convictions.

Similar Bills

No similar bills found.