S T A T E   O F   N E W   Y O R K
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                                  4529

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2009
                               ___________

Introduced  by M. of A. MAYERSOHN -- Multi-Sponsored by -- M. of A. DIAZ
  -- read once and referred to the Committee on Codes

AN ACT to amend the penal law, in relation to making the  commission  of
  murder against a person's child or legal ward punishable by death

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Legislative  intent.  The  legislature  hereby  finds  and
declares  that  children  under the age of eighteen constitute a special
class of citizens who deserve special protection from  perpetrators  and
potential perpetrators of crimes, especially violent crimes. The commis-
sion of the act of murder is the most heinous of violent crimes. Accord-
ingly,    the  commission of such an act against a person's own child or
legal ward, who is deserving of special protection, should be punishable
by the most severe penalty authorized by law.
  The legislature further finds and  declares  that  parents  and  legal
guardians  of children are entrusted, both by the state and our society,
with the responsibility of providing  proper  care  and  protection  for
their  children and legal wards. Parents are accountable for the caring,
nurturing, and protection of their children, who place a  special  trust
in  them  because  of the familial or legal relationship. Unlike adults,
children cannot readily reach out for protection against fatal violence,
particularly at the hands of their parents,  making  children  the  most
vulnerable of New York's citizens.
  Therefore, this legislature hereby declares it to be the policy of the
state of New York to afford its children the special protection and care
deserving  of a vulnerable class of citizens by making the commission of
a murder against a person's own child or legal ward punishable by death,
so as to deter the commission of such acts against such children.
  S 2. Subparagraph (xiii) of paragraph (a) of subdivision 1 of  section
125.27 of the penal law, as added by chapter 300 of the laws of 2001, is
amended and a new subparagraph (xiv) is added to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04377-01-9
              

A. 4529                             2

  (xiii) the victim was killed in furtherance of an act of terrorism, as
defined  in  paragraph  (b) of subdivision one of section 490.05 of this
chapter; [and] OR
  (XIV)  AT  THE  TIME  OF  THE  COMMISSION OF THE KILLING, THE INTENDED
VICTIM WAS A PERSON OF LESS THAN EIGHTEEN YEARS OF AGE AND THE DEFENDANT
WAS THE PARENT, OR ANY OTHER  PERSON  HAVING  LAWFUL  CUSTODY,  OF  SUCH
INTENDED VICTIM; AND
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.