What's happening
Writing a plain-English summary… Track this bill to get it by email.
Why it matters
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Sponsors
History
- Referred to codes
- Referred to codes
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 judiciary law and the vehicle and traffic law, in relation to establishing the offense of aggravated murder of a child and making technical corrections relating to aggravated murder; to amend the estates, powers and trusts law, the executive law and the social services law, in relation to aggravated murder of a child; and 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
Purpose
To require a sentence of life without parole for a parent, guardian or other person in position of trust convicted of murdering a child under the age of fourteen years.
Summary of provisions
This bill enacts "Nixzmary's Law". The law requires a sentence of life without parole for a parent, guardian or other person in position of trust whose depraved acts perpetrated upon his or her child less than fourteen years of age causes the death of such child or who intentionally murders his or her child.
Read the full memo (635 words)
Existing law
Existing law mandates the sentence of life without parole for the death of a child less than 14 years of age only in those cases when a person 18 years of age or more commits the crime of rape in the first, second or third degree, criminal sexual act in the first, second or third degree, sexual abuse in the first degree, or aggravated sexual abuse in the first, second, third or fourth degree or incest against such child and in so doing intentionally causes the death of such child. A parent, guardian or other person in position of trust who acts in a depraved manner and abuses and tortures his or her child under age 14 until the child dies, or who intentionally murders his or her child, is subject to a parole eligible sentence of between 15 to 25 years and a maximum of life. Thus a parent or guardian who is convicted of murdering his or her child less than 14 years of age can be paroled after service of the minimum term.
Justification
Although the passage of significant criminal justice legislation in recent years has contributed to the dramatic decrease in overall incidents of violent crime in our state, more should be done to protect our children. While our current law provides for a life without parole sentence for a person who murders a child in the course of committing a sex offense against a child, there is no similar penalty for a person whose depraved acts against a child causes the death of the child. In January 2006, seven year old Nixzmary Brown was found dead in her family's apartment. police report that Nixzmary had suffered repeated assaults, torture and other abuse over a period of time which eventually resulted in her death. Nixzmary's mother and stepfather have been charged with her murder. Despite the horrific acts of assault and torture, it is possible under current law that Nixzmary's murderers will be eligible for parole after serving only 15 years in prison. This bill recognizes that the crimes committed against Nixzmary were so atrocious and depraved that a sentence permitting parole is not an adequate measure of punishment. Similarly, a parent or guardian or other person in position of trust who intentionally kills his child should also be subject to this same sentence.
Legislative history
2006 - S.6481 - Passed Senate/A.9567-A - Codes 2007 - S.677 - Rules/A.4474 - Codes 2008 - S.677 - Codes
Fiscal implications
None.
Local fiscal implications
None.
Effective date
First of November next succeeding the date on which it shall become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.