Enacts the "child assault reform act" (CARE)

Summary of provisions

Section 1 contains legislative findings.

Section 2 contains the title of the act.

Section 3 adds a new subdivision, Penal Law 120.05-a, Aggravated Assault in the second degree upon a person less than twelve years of age.

Section 4 amends Penal Law to make Aggravated Assault upon a police officer or a peace officer a Class A felony.

Section 5 adds a new subdivision, Penal Law 120.11-a, which creates the offense of aggravated assault on a person less than twelve years old, a class A felony.

Section 6 amends 120.12 of the Penal Law to expand the existing age for aggravated assault of a child from eleven to twelve. In addition, it removes the requirement that the offender have a previous conviction for assault of a child before being subject to the enhanced penalty.

Section 7 adds a new subdivision, Penal Law 125.11-a Aggravated Crimi- nally Negligent homicide upon a person less than twelve years of age.

Section 8 adds a new Penal Law subdivision 125.21-a, Aggravated Manslaughter upon a person less than twelve years of age in the second degree.

Section 9 adds a new subdivision, Penal Law 125 22-a, Aggravated Manslaughter upon a person less than twelve years of age in the first degree.

Section 10 adds a new subdivision, Penal Law 125.26-a, Aggravated Murder of a person less than twelve years of age. Each of the new homicide subdivisions would make crimes against persons under twelve years of age analogous to crimes against police officers.

Justification

By increasing the existing age for Aggravated Assault of a child from eleven to twelve the act would protect all children of elementary school age and younger. These pre-teenage and younger chil- dren are the most vulnerable and the least able to defend and protect themselves,

In addition to increasing the class of children covered, this bill would provide for harsher penalties upon those who cause physical injury to a

child By removing the prerequisite of a previous assault on a child, an offender would no longer be subject to a mere misdemeanor the first time he or she physically harms a defenseless child; but would instead be subject to a class E felony and the potential of state prison time. Also, by adding Aggravated Assault upon a person less than twelve years of age in the first and second degrees, the Act stiffens the penalties for acts constituting assault in the first or second degrees when the victim is a child under age 12 by making each a higher class felony.

In addition to increasing the penalties for assault on children less than twelve years of age, the act also increases the penalties for kill- ing children less than twelve years of age. All too often children are the targets of violence or get caught in the cross-fire, it is time for the State of New York to stand up for the most vulnerable members of society and increase the penalties for offenders who kill innocent chil- dren.

On May 29, 2008, a ten year old girl was shot and killed while playing in front of her Albany, New York home Kathina Thomas was not the only such child victim of a random act of violence, just the latest. The violence against children in the State of New York is not isolated and needs to be addressed. The C.A.R.E. initiative sends a message to crimi- nals who would inflict physical harm on children that such crimes are not tolerated and there will be harsh penalties in response to such actions. Those offenders who recklessly or with criminal negligence discharge firearms, use deadly weapons or dangerous instruments that cause the injury or death of a child under twelve years of age will also receive enhanced penalties. This act will deter those who would commit acts of violence against children from committing such acts.

Legislative history

New bill.

Fiscal implications

Minimal; offenders will receive longer prison sentences at additional cost to the State of New York, but such costs will be offset by the societal benefits of having dangerous criminals off the streets thereby preventing future crimes.

Effective date

This act shall take effect on the 90th day.