Bill > S05290

This bill amends New York's penal law to modify the felony murder rule by requiring that a defendant must be over 25 years old to be charged with felony murder. Currently, the law allows for felony murder charges when a death occurs during the commission of certain serious crimes like robbery, burglary, kidnapping, or arson, regardless of the defendant's age. The proposed change means that individuals under 26 years old would not be considered legally responsible for a death that occurs during the commission of these underlying felonies, even if they were a participant in the crime. The bill specifically modifies language in section 125.25 of the penal law, replacing gender-specific pronouns with more neutral terms and adding the age requirement. This change could potentially reduce criminal liability for younger defendants involved in serious felonies where a death occurs, recognizing that younger individuals may have diminished culpability. The amendment would take effect immediately upon passage.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/S5290