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NY S07705
Bill
Status
6/25/2010
Primary Sponsor
Jose Peralta
Click for details
AI Summary
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Establishes aggravated murder of a child as a class A-I felony requiring mandatory life imprisonment without parole, including intentional killing of a child under 14 during rape, sexual acts, aggravated sexual abuse, or incest, or killing through depraved indifference by a parent, guardian, or person in a position of trust.
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Creates three new aggravated abuse of a child offenses (third, second, and first degree felonies) applicable to persons 18 or older in positions of care or trust over children under 14, with varying penalties based on intent and injury severity.
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Establishes aggravated manslaughter of a child as a class B felony for recklessly causing a child's death while creating grave risk of serious injury or death, and aggravated endangering of a child's welfare as a class E felony for knowing conduct injurious to a child's welfare with prior abuse convictions or multiple acts of cruelty.
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Repeals existing murder in the second degree provisions related to killing children under 14 during sex offenses, replacing them with the new aggravated murder of a child statute.
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Amends sentencing guidelines, criminal procedure rules, vehicle and traffic law, estates law, executive law, and social services law to align provisions with the new child abuse offenses and establish enhanced protections and disqualifications for convicted offenders.
Legislative Description
Enacts the child protection act of 2010; establishes the class A-I felony of aggravated murder of a child for which the sentence shall be life imprisonment without parole; aggravated murder of a child shall include intentional killing of a person under 14 while in the course of committing rape, criminal sexual acts, aggravated sexual abuse or incest against such child, or the depraved indifference or intentional killing of a person under 14 while being legally responsible for the care of such child; repeals provisions of murder in the second degree which mirror certain provisions of aggravated murder of a child; treats the offense of aggravated murder of a child in a manner similar to murder in the first degree; establishes the offenses of aggravated manslaughter of a child, aggravated abuse of a child in the first, second and third degrees, and aggravated endangering the welfare of a child.
Last Action
referred to codes
6/25/2010