Enacts the "protect our children act"; repealer

Sections 3, 4 and 5 amend provisions of current law to require a sentence of life without parole for persons convicted of the new crime of aggravated Murder of a child.

Section 6 provides that the new crime of aggravated manslaughter of a child is a class B violent felony offense; the new crime of aggravated abuse of a child 1st degree is a class C violent felony offense; and the new crime of aggravated abuse of a child 2nd degree is a class D violent felony offense.

Section 7 provides that an attempt to commit the new class A-I felony of aggravated murder of a child is also a class A-I felony.

Section 8 renames the crime reckless assault of a child by a child day care provider to aggravated abuse of a child in the third degree. This E felony, which formerly only applied to day care providers, now would apply to a parent, guardian or person in a position of trust who recklessly causes physical injury to a child under age 14.

Section 9 defines a new class D violent felony of aggravated abuse of a child in the second degree and a new class C violent felony of aggravated abuse of a child in the first degree.

Section 10 defines a new class B violent felony offense of aggravated manslaughter of a child, and a new class A-I felony offense of aggravated murder of a child.

Sections 11, 12 and 13 make changes to existing provisions of law to conform these existing laws to reflect the changes made by this bill.

Section 14 defines the new class E felony offense of obstructing the location of a missing child.

Section 15 defines the new class D felony offense of concealment of a death.

Section 16 defines the new class E felony offense of aggravated endangering the welfare of a child including failure to notify law enforcement when the whereabouts of a young child is unknown.

Section 17 provides that speedy trial requirements set forth in the current law do not apply to a prosecution for aggravated murder of a child. Section 18 amends provisions of current law to provide that a prosecution for aggravated murder of a child or aggravated manslaughter of a child cannot be terminated upon the consent of the parties.

Section 19 provides that a child witness called to testify before the grand jury may be accompanied by a social worker, psychologist, or other professional to provide emotional support when giving testimony regarding a charge of aggravated murder of a child, aggravated manslaughter of a child, aggravated abuse of a child in the first, second or third degree or aggravated endangering the welfare of a child.

Section 20 amends provisions of law authorizing eavesdropping warrant to be issued to allow eavesdropping warranting investigations involving the crimes of aggravated abuse of a child in the 1st, 2nd or 3rd degrees, aggravated murder of a child, aggravated manslaughter of a child or aggravated endangering the welfare of a child.

Section 21 of the bill amends the provisions of the vehicle and traffic law to include persons convicted of a child abuse offense in provisions of current law disqualifying a person upon conviction of certain crimes from receiving a license to operate a bus.

Section 22 of the bill amends provisions of current law to prohibit a person convicted of aggravated murder of a child from inheriting property from the murdered child victim of his or her estate.

Sections 23 and 24 of the bill provide that a parent convicted of the new crime of aggravated murder of a child or aggravated manslaughter of a child shall be disqualified in certain parental tights proceedings.

Section 25 is the effective date.

Justification

Serious forms of child abuse are not adequately covered by existing laws. What is more, many existing statutes are so overly complicated as to be practically useless, or carry such disproportionately low punishments as to permit serious child abuse to have essentially no meaningful consequences. Current misdemeanors and nonviolent felonies with probationary sentences do not do enough to save and protect children from cruel and repeated maltreatment.

This bill fixes these problems in a measured, concise way that respects the existing statutory scheme. The Act would: Create a felony child endangering statute to protect children from especially cruel and sadistic conduct. Under current law, unless physical injury results, the Infliction on children of sadistic, painful, dangerous punishments can typically be charged only as misdemeanors; Create statutes to protect children from serious reckless abuse. To the extent existing laws address reckless conduct, they minimize the seriousness by treating it as low level offenses or often include the requirement. that the conduct be "depraved" an element that New York courts have in recent years interpreted in a way that is virtually impossible to prove; Recognize that caregivers and those in positions of trust to care for children have a heightened duty of care to children and violating this special relationship is an aggravating factor in any child abuse crime. There is a special, dependent relationship between children and their guardians, and children are particularly vulnerable to abuse by those who should be their first-line protectors; Increase penalties for repeat child abusers. Where a person abuses a child and has previously committed crimes against children, increased penalties are called for; Create a felony statute for obstructing the efforts of law enforcement to find a missing child. Quickly finding a missing child is essential to protect that vulnerable child from harm, and selfish efforts to hinder those efforts must be punished; Create a felony statute for concealing a death. A death of a child is profoundly tragic, and the concealment of such not only could interfere with the prosecution of the one responsible for the death by loss of evidence, but could also prolong the agony of the family as they search for their loved one with misplaced hope. Include failure to report a missing child in the new felony child endangering statute to require parents to actively seek assistance if a young child's whereabouts is unknown.

Each time a high-profile press case emerges involving the tragic abusive death of yet another child, a spotlight is shined on the problem for a brief time. We are reminded of the deficiencies in our laws that prevent us from taking adequate action as soon as abuse of a child begins. We owe it to our children to strengthen the laws and to offer them better protection before the abuse turns fatal, and provide better tools to help law enforcement obtain justice should such a tragedy occur.

Legislative history

S.5862A of 2011-2012; Passed Senate S.1721B/A.10026 of 2013-14; Passed Senate

Fiscal implications

While some additional prosecutions and some increased sentences may result, this would be offset by medical, social welfare and other cost savings from earlier intervention in the lives of abused children.

Effective date

This act shall take effect on the sixtieth day after becoming law.