S1510 | Enacts Erin's law

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History

Jan 6, 2010 · SenateReferred to codes
Jul 16, 2009 · SenateCommitted to rules
Apr 28, 2009 · SenateAdvanced to third reading
Apr 27, 2009 · Senate2nd report cal.
Apr 22, 2009 · Senate1st report cal.219
Apr 22, 2009 · SenateMotion to discharge - carried - roll call vote
Mar 31, 2009 · SenateMotion to discharge filed
Feb 2, 2009 · SenateReferred to codes

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A182Assembly

Enacts Erin's law

In Assembly Committee · Codes · Sponsor Joan Christensen

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

Title of bill

An act to amend the penal law, the criminal procedure law, the vehicle and traffic law, the estates, powers and trusts law, the executive law and the social services law, in relation to establishing the offense of aggravated murder of a child; to amend the penal law, the criminal procedure law, the vehicle and traffic law and the executive law, in relation to establishing the offenses of aggravated abuse of a child in the third degree, aggravated abuse of a child in the second degree, aggravated abuse of a child in the first degree and aggravated manslaughter of a child; to amend the penal law, the criminal procedure law, the vehicle and traffic law and the executive law, in relation to establishing the offense of aggravated endangering the welfare of a child; to amend the social services law, in relation to aggravated manslaughter of a child; to repeal subdivision 5 of section 125.25 of the penal law relating to the murder of a person under 14 years of age while in the course of committing certain sex offenses; and to amend the social services law, in relation to requiring the recording of calls to the statewide central register of child abuse and maltreatment made by persons required by law to report child abuse, requiring the office of children and family services to investigate the prior history of the subject of a report of child abuse or maltreatment and requiring such office to inform a caller if a report cannot be taken; requiring increased scrutiny and the presence of law enforcement during the investigation of a child abuse or maltreatment report with prior history of such reports; and to amend the family court act, in relation to the definition of the term "neglected child"

Purpose

To enact Erin's Law and establish increased protections for our society's most vulnerable children.

Summary of provisions

This legislation establishes the crimes of aggravated murder of a child, aggravated manslaughter of a child, aggravated abuse of a child in the first degree, and aggravated abuse of a child in the second degree. The penalty for aggravated murder of a child shall be life imprisonment without parole, and the penalty for a conviction of attempted aggravated murder of a child shall be at least twenty years but not more than forty years imprisonment.

Read the full memo (1,303 words)

This legislation establishes the crime of aggravated manslaughter of a child as a class B violent felony offense, and this legislation establishes the the crime of aggravated abuse of a child in the first degree as a class C violent felony. Finally, this bill established the crime of aggravated abuse of a child in the second degree as a class D violent felony.

This legislation reclassifies the crime of reckless assault of a child by a child day care provider to the crime of aggravated abuse of a child in the third degree, a class E felony. In addition, this legislation establishes the crimes of aggravated abuse of a child in the second degree (a class D felony) and the crime of aggravated abuse of a child in the first degree (a class C felony).

This legislation amends section 4-1.6 of the Estates, Powers and Trusts Law to disqualify a joint tenant from inheriting if he or she is convicted of the crime of aggravated murder of a child and the victim is another joint tenant.

This legislation amends the Social Services Law to improve and modernize the statewide central register of child abuse and

maltreatment. It requires reports made to this service to be recorded and maintained for two years.

This legislation also amends the Social Services Law to require law enforcement personnel to accompany child protective investigators to a child's home when two or more reports have been received by a county Department of Social Services within six months.

This bill amends section 420 of the Social Services Law to establish a class E felony for any person who fails to report two or more instances of child abuse within two years.

This legislation updates the definition of "neglected child" within the Family Court Act. The last significant changes to this section occurred many years ago, and caseworkers, law enforcement, attorneys and judges need a new, more comprehensive definition to properly address the needs of the children of New York State. The Family Court Act currently requires that a child's "physical, mental or emotional condition" be "impaired" or in "imminent danger of becoming impaired" before the child can be considered a "neglected child." This high standard hinders those who seek to protect children from a dangerous living situation. The new definition strikes a better balance for the protection of children when weighted against the competing interests of parental rights.

In addition, this legislation updates the Family Court Act by imposing new requirements upon parents for certain things they must supply or are required to provide their child or children with. These requirements -- which include a warm living environment, a sanitary living environment, psychological and/or psychiatric care if it can be afforded, emotional support, moral supervision, and sustenance -- are supported by current caselaw.

Finally, the Family Court Act definition of "neglected child" is amended to require parents to keep children free from disease and not in a state of diminished physical growth. Like the other changes to this section, this change is also supported by caselaw.

Justification

Erin Maxwell, an 11 year old Oswego County girl, was found on August 29, 2008 fatally injured in her home. Erin later died at University Hospital. The Onondaga County Medical Examiner stated that Erin died of asphyxiation and also suffered sexual trauma.

Erin's stepbrother, Alan Jones, was later charged with her murder. Her father and stepmother were each charged with six counts of endangering the welfare of a child. Erin's life, like her death, was tragic. Erin lived in deplorable, filthy, and inhuman conditions. Her father, Lindsey Maxwell, admitted to authorities that the family kept "Erin locked in her bedroom." The Maxwell home was full of about one hundred cats and caged poultry. Officials at Erin's school frequently smelled cat urine on Erin's clothes. Garbage was routinely piled on the porch of the Maxwell house. Erin was fed little by her family and was frequently hungry at school.

Oswego County Department of Social Services made three visits to the Maxwell home. The final visit was in 2006. Caseworkers determined that no problems existed in the Maxwell home and that the amount of care given to Erin was adequate. The system failed Erin Maxwell. This failure led to her very sad death. Through a number of steps, Erin's Law will help to see that no child in this state is ever forced to exist in conditions similar to Erin's. This legislation increases the penalties for those who commit certain crimes against children, requires better records of calls made alleging child abuse and neglect, enhances the penalties for those who fail to report child abuse or maltreatment on multiple occasions, and updates the definition of "neglected child" to better serve the interests of New York State's most vulnerable children.

This legislation cannot help Erin Maxwell, but it can affect the lives of thousands of other New York children in similar situations.

Legislative history

S.8782 - 2008

Fiscal implications

Undetermined.

Local fiscal implications