Enacts "Nixzmary Brown's Law" to establish the class A-I felony of aggravated murder of a child for which the sentence shall be life imprisonment without parole; repealer

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.

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 2009 - S.2588 - Codes 2010 - S.2588 - Codes

Fiscal implications

None.

Local fiscal implications

None.

Effective date

First of November next succeeding the date on which it shall become a law.