Provides that a person is guilty of aggravated murder when such person causes the death of a child and acted in an especially cruel and wanton manner

Bill section two amends subdivision 5 of section 70.00 of the Penal Law as amended by chapter 765 of the laws of 2005 to provide that a person convicted of aggravated murder may be sentenced to life imprisonment without possibility of parole.

Bill section three makes a change to Penal Law section 60.06 regarding authorized disposition. When sentencing a defendant for aggravated murder of a child the court may impose a sentence of life imprisonment without possibility of parole or to a term of imprisonment for a class A-I felony other than a sentence of life imprisonment without parole in accordance with subdivisions one through three of section 70.00 of this title.

Bill section four provides that the bill shall take effect immediately.

Justification

The recent arrest of the mother and stepfather of a seven year old child, Nixzmary Brown, on charges of second degree murder has demonstrated a shortcoming in the law which is remedied by this bill. Nixzmary Brown was allegedly kept tied to a chair in a squalid "punishment room" in her Brooklyn home over the course of many days and beaten until she died. For this heinous crime, her mother and stepfather have been charged with murder in the second degree pursuant to section 125.25 of the Penal Law.

Murder in the second degree is punishable by a life sentence, but there is a possibility of parole after a minimum term set by the court of between fifteen years and twenty-five years. Life imprisonment without possibility of parole is an available sentence for murder in the first degree, but under subdivision (1) (a) (x) of the first degree murder statute (PL 125.27), there 'must be proof that the defendant acted in a "depraved" manner, either relishing the infliction of extreme physical pain evidencing debasement or perversion or evidencing a sense of pleasure in the infliction of extreme physical pain. As such proof may not be

available in this case, the mother and stepfather of Nixzmary Brown have been charged with murder in the second degree. In view of the atrocious nature of such a crime, when it is alleged that a parent has killed a child in a tortuous manner, the prosecution, in order to seek a life-without-parole sentence, should not have to prove that the defendant relished or evidenced a sense of pleasure in inflicting extreme physical pain. This bill eliminates that element of proof in the case of an adult alleged to have killed a child, assuring that a sentence of life imprisonment without possibility of parole may be sought in such circumstances.

Prior legislative history

New Bill.

Fiscal implications

There are no direct additional fiscal costs.

Effective date

Immediately.