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2011 SESSION

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SB 1200 Criminal law; redefinition of triggerman rule, penalty.

Introduced by: Mark D. Obenshain | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Criminal law; redefinition of the triggerman rule; penalty. Redefines the "triggerman rule," by expanding the principals in the second degree and accessories before the fact who can be charged with capital murder. This bill allows a principal in the second degree to be tried as a principal in the first degree if he had the same intent to kill as the principal in the first degree in cases of the willful, deliberate, and premeditated killing of any person in the commission of rape, etc. The bill allows an accessory before the fact to be tried as a principal in the first degree if he ordered or directed the willful, deliberate, and premeditated killing in such a case. The bill also removes the provision that a principal in the second degree or an accessory before the fact in a capital murder in the commission of an act of terrorism must have acted pursuant to the direction or order of a person engaged in an act of terrorism.

Current law provides that principals in the second degree and accessories before the fact can be charged as principals in the first degree in the cases of murder for hire, murder involving a continuing criminal enterprise, and terrorism (if done pursuant to the direction or order of one who is engaged in terrorism) and that in all other cases of capital murder only the actual perpetrator is eligible for the death penalty and accessories and principals in the second degree can be punished only as if guilty of first degree murder.


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