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History
- Referred to codes
- Print number 2238a
- Amend and recommit to codes
- Referred to codes
Companion bill
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Provides that the intentional murder of a child under the age of twelve shall be a first degree murder offense
In Assembly Committee · Codes · Sponsor Vivian Cook
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S2238A REVISED MEMO 12/12/13
Title of bill
An act to amend the penal law, in relation to first degree murder of a child under the age of twelve
Purpose
The purpose of this bill is to provide a more appropriate punishment for those persons who act with the intent to take a life and the victim is under the age of 12.
Summary of provisions
Section one of this bill amends Penal Law section 125.27(1)(a) by adding a new subparagraph (xiv) that adds children under the age of 12 to the list of victims for which the offense of first degree murder may be charged when the appropriate mens rea and age requirements are present.
Section two of this bill provides that this law shall take effect on the first of November succeeding the date on which it shall become law.
Existing law
Under current law, the murder of a child is not first degree murder unless it is accompanied by one or more of the aggravating factors listed in Penal Law Section 125.27(1)(a).
Justification
In recognition of their special status in society, current law treats the intentional killing of certain groups-police officers, judges, among others-as first degree murder. As a result, those who consider murdering a member of one of these groups understand that they will receive the most severe punishment. One other group belongs on this list-children. Numerous instances in the recent past have demonstrated the need for this reform.
On November 23rd, 2013, Conrado Juarez was indicted in the decades-old murder of "Baby Hope," who has now been identified as Anjelica Castillo. Juarez confessed to sexually abusing the child and killing her by smothering her with a pillow. He wrapped her body in plastic, placed her remains in a cooler and left the cooler near the Henry Hudson Parkway in Manhattan. At the time of her death, Anjelica Castillo was four years old.
In 2012, Ali-Mohamed Mohamud was convicted of second-degree murder for beating to death his 10-year-old stepson, Abdifatah Mohamud. Ali-Mohamed Mohamud tied his step-son to a chair, placed a sock in his mouth, secured the sock with duct tape, bound his hands with an electrical cord and then struck the child with a rolling pin 70 times. As a result of this beating, Abdifatah Mohamud's head was separated from his spinal cord and his brain was exposed through the the crushed back of his head.
Had the law reflected the changes made by this bill, both Mr. Juarez and Mr. Mohamud would have been subject to charges of first degree murder, rather than second degree. Cases such as these cry out for the need for increased penalties for those who murder children. This bill answers those calls.
Legislative history
2013: S.2238 - Referred to Codes 2011-2: S.1990 - Referred to Codes 2010: S.6695 - Referred to Codes
Fiscal implications
None.
Effective date
This act shall take effect on the first of November after it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.