H1759 — An Act regarding joint venture

Summary

An Act regarding joint venture

Bill Text

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The bill amends the laws regarding murder and complicity in felonies, specifically addressing the circumstances under which a killing is classified as murder and the penalties for those who aid in such crimes.

• Chapter 265, Section 1

  or in the commission or attempted commission of a crime punishable with death or imprisonment for life,

  Removes the exemption related to killings during serious crimes from being considered as murder.

• Chapter 265, Section 1

  Where a killing occurs during the commission or attempted commission of a crime punishable with imprisonment for life, the killing shall amount to murder for a principal perpetrator who is personally and directly responsible for committing the killing and acts with the same malice forethought towards the killing as is required for a killing to amount to murder when not done in the course or furtherance of another offense.

  Establishes that killings during the commission of certain crimes will be treated as murder if specific conditions are met.

• Chapter 274, Section 2

  Whoever aids in the commission of a felony, or is accessory thereto before the fact by counselling, hiring or otherwise procuring such felony to be committed, shall be punished in the manner provided for the punishment of the principal felon; provided, however, that in the event of a killing resulting during the commission or attempted commission of a felony, the killing shall amount to murder in the first degree only for a principal perpetrator who is personally and directly responsible for committing the killing and acts with the same malice forethought towards the killing as is required for a killing to amount to murder when not done in the course or furtherance of another offense. → Whoever aids in the commission of a felony, or is accessory thereto before the fact by counselling, hiring or otherwise procuring such felony to be committed, shall be punished in the manner provided for the punishment of the principal felon; provided, however, that in the event of a killing resulting during the commission or attempted commission of a felony, the killing shall amount to murder in the first degree only for a principal perpetrator who is personally and directly responsible for committing the killing and acts with the same malice forethought towards the killing as is required for a killing to amount to murder when not done in the course or furtherance of another offense.

  Clarifies the punishment for those assisting in felonies where a killing occurs, ensuring that only principal perpetrators face first-degree murder charges.

• Chapter 274, Section 2

  Whoever aids in the commission of a killing or is accessory thereto before the fact by counseling, hiring, or otherwise procuring such killing to be committed but is not a principal perpetrator who is personally and directly responsible for committing the killing, shall be punished by imprisonment in the state prison for a period of not less than 2 and 1/2 years nor more than 25 years.

  Establishes penalties for those who assist in a killing but are not the principal perpetrators.

• Notwithstanding any other provision of law, sections 1 and 2 shall apply to any person charged or convicted with murder prior to, on or after the effective date of this act.

  Makes the new murder provisions retroactively applicable to past cases.

• Notwithstanding any other provision of law, section 3 shall apply to any person charged or convicted with aiding in the commission of a killing or who is accessory thereto before the fact by counseling, hiring, or otherwise procuring such killing to be committed prior to, on or after the effective date of this act.

  Ensures that the changes to aiding in killings are also retroactively applicable.

Sponsors

• Russell E. Holmes · Primary

Subjects