A10161 Summary:

BILL NOA10161
 
SAME ASSAME AS S07057-A
 
SPONSORHunter
 
COSPNSR
 
MLTSPNSR
 
Amd 125.27 & 70.00, Pen L
 
Relates to murder in the first degree where the intended victim is a child twelve years of age or younger.
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A10161 Actions:

BILL NOA10161
 
05/13/2016referred to codes
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A10161 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A10161
 
SPONSOR: Hunter
  TITLE OF BILL: An act to amend the penal law, in relation to murder in the first degree where the intended victim was a child twelve years of age or younger   PURPOSE OR GENERAL IDEA OF BILL: To establish the new offense of murder in the first degree when the intended victim was a child 12 years or younger and establishes the penalty as life without parole.   SUMMARY OF SPECIFIC PROVISIONS: Section 1- Creates Maddox's Law. Section 2 - creates a new first degree murder offense under the penal law for intentionally killing a child 12 years or younger. Section 3 - changes penalty to life without parole Section 4 - effective date   EXISTING LAW: Currently, there is no first degree murder offense for the intentional murder of a child 12 years or younger. In addition, currently the maxi- mum sentence is life. This bill will change the penalty to life without parole.   JUSTIFICATION: The penal law contains the offense of murder in the first degree for the killing of a police officer, correctional facility employee, judge, firefighter, emergency medical technician, ambulance driver, paramedic, physician and registered nurse. However, the intentional murder of a child 12 years or younger is currently not murder in the first degree in New York State. The killing of a young defenseless child is one of the most heinous acts since the perpetrator has a significant physical and emotional advantage over the victim. In addition often times these acts are retaliation against a parent of the child. Therefore, the punishment of the crime should reflect the severity of the crime.   PRIOR LEGISLATIVE HISTORY: New bill   FISCAL IMPLICATIONS: None to the State.   EFFECTIVE DATE: This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
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A10161 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10161
 
                   IN ASSEMBLY
 
                                      May 13, 2016
                                       ___________
 
        Introduced by M. of A. HUNTER -- read once and referred to the Committee
          on Codes
 
        AN ACT to amend the penal law, in relation to murder in the first degree
          where the intended victim was a child twelve years of age or younger
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. This act shall be known and may be cited as "Maddox's Law".
     2    § 2. Subparagraph (xiii) of paragraph (a) of subdivision 1 of  section
     3  125.27 of the penal law, as added by chapter 300 of the laws of 2001, is
     4  amended and a new subparagraph (xiv) is added to read as follows:
     5    (xiii) the victim was killed in furtherance of an act of terrorism, as
     6  defined  in  paragraph  (b) of subdivision one of section 490.05 of this
     7  chapter; [and] or
     8    (xiv) the intended victim was a child twelve years of age or  younger;
     9  and
    10    §  3.  Subdivision  5 of section 70.00 of the penal law, as amended by
    11  chapter 482 of the laws of 2009, is amended to read as follows:
    12    5.  Life  imprisonment  without  parole.  Notwithstanding  any   other
    13  provision  of  law,  a  defendant sentenced to life imprisonment without
    14  parole shall not  be  or  become  eligible  for  parole  or  conditional
    15  release.  For  purposes of commitment and custody, other than parole and
    16  conditional release, such sentence shall be deemed to be  an  indetermi-
    17  nate  sentence.  A defendant may be sentenced to life imprisonment with-
    18  out parole upon conviction for the crime of murder in the  first  degree
    19  as  defined in section 125.27 of this chapter and in accordance with the
    20  procedures provided by law for imposing a sentence  for  such  crime.  A
    21  defendant  must  be  sentenced  to life imprisonment without parole upon
    22  conviction for the crime of terrorism as defined in  section  490.25  of
    23  this  chapter,  where the specified offense the defendant committed is a
    24  class A-I felony; the crime of criminal possession of a chemical  weapon
    25  or biological weapon in the first degree as defined in section 490.45 of
    26  this  chapter;  or  the  crime  of  criminal use of a chemical weapon or
    27  biological weapon in the first degree as defined in  section  490.55  of
    28  this  chapter; provided, however, that nothing in this subdivision shall
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14742-03-6

        A. 10161                            2
 
     1  preclude or prevent a sentence of  death  when  the  defendant  is  also
     2  convicted  of  the  crime  of  murder  in the first degree as defined in
     3  section 125.27 of this chapter.  A defendant must be sentenced  to  life
     4  imprisonment  without  parole upon conviction for the crime of murder in
     5  the second degree as defined in subdivision five of  section  125.25  of
     6  this  chapter or for the crime of aggravated murder as defined in subdi-
     7  vision one of section  125.26  of  this  chapter.  A  defendant  may  be
     8  sentenced  to  life  imprisonment without parole upon conviction for the
     9  crime of aggravated murder as defined  in  subdivision  two  of  section
    10  125.26  of  this  chapter; or the crime of murder in the first degree as
    11  defined in section 125.27 of this chapter where the intended victim  was
    12  a child twelve years of age or younger.
    13    § 4. This act shall take effect on the first of November next succeed-
    14  ing the date on which it shall have become a law.
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