senate Bill S152

2011-2012 Legislative Session

Relates to kidnapping in the first degree

download bill text pdf

Sponsored By

Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

do you support this bill?

Actions

view actions (16)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 30, 2012 referred to codes
delivered to assembly
passed senate
Jan 23, 2012 advanced to third reading
Jan 19, 2012 2nd report cal.
Jan 18, 2012 1st report cal.54
Jan 04, 2012 referred to codes
returned to senate
died in assembly
May 16, 2011 referred to codes
delivered to assembly
passed senate
Apr 11, 2011 advanced to third reading
Apr 06, 2011 2nd report cal.
Apr 05, 2011 1st report cal.303
Jan 05, 2011 referred to codes

Votes

view votes

Jan 18, 2012 - Codes committee Vote

S152
14
1
committee
14
Aye
1
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Codes Committee Vote: Jan 18, 2012

nay (1)
aye wr (1)

Apr 5, 2011 - Codes committee Vote

S152
11
1
committee
11
Aye
1
Nay
1
Aye with Reservations
0
Absent
3
Excused
0
Abstained
show Codes committee vote details

Codes Committee Vote: Apr 5, 2011

nay (1)
aye wr (1)
excused (3)

Co-Sponsors

view additional co-sponsors

S152 - Bill Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd ยง135.25, Pen L
Versions Introduced in 2009-2010 Legislative Session:
S7784

S152 - Bill Texts

view summary

Provides that abducting a person under age of sixteen shall be kidnapping in the first degree.

view sponsor memo
BILL NUMBER:S152

TITLE OF BILL:
An act
to amend the penal law, in relation to kidnapping in the first degree

PURPOSE:
To increase the penalties of kidnapping a child.

SUMMARY OF PROVISIONS:
Section 135.25 of the penal law is amended to include the kidnapping
of a child under the age of sixteen years.

EXISTING LAW:
Existing law does not make specific reference to the kidnapping of a
child. The current penalties are the same for abduction of an adult
as a child.

JUSTIFICATION:
Five out of every 100 kidnap offenders convicted of kidnapping will be
reconvicted for this crime. A previous conviction of kidnapping is a
significant risk factor for other serious crimes. Kidnappers are 30
times more likely than males in the general population to be
convicted of homicide and 4 times more likely than sex offenders.
Therefore, there should be more focus on kidnappers as a potentially
dangerous set of offenders.

The abduction of a child would not necessarily constitute as
kidnapping in the first degree unless other criteria are met or
proven. This bill would ensure that the abduction of a child
automatically qualify as the highest level kidnapping charge.

LEGISLATIVE HISTORY:
S.7784 of 2009-2010; Referred to Codes

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Ninetieth day after the bill becomes law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   152

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens.  MAZIARZ,  BONACIC,  DeFRANCISCO,  GOLDEN, LARKIN,
  LIBOUS, SEWARD -- read twice and ordered printed, and when printed  to
  be committed to the Committee on Codes

AN  ACT  to  amend the penal law, in relation to kidnapping in the first
  degree

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

  Section  1. Section 135.25 of the penal law, as amended by chapter 791
of the laws of 1967, the closing paragraph as amended by chapter 276  of
the laws of 1973, is amended to read as follows:
S 135.25 Kidnapping in the first degree.
  A  person  is guilty of kidnapping in the first degree when he abducts
another person and when:
  1. His intent is to compel a third person to pay or deliver  money  or
property  as  ransom,  or  to  engage in other particular conduct, or to
refrain from engaging in particular conduct; or
  2. He restrains the person abducted for a period of more  than  twelve
hours with intent to:
  (a) Inflict physical injury upon him or violate or abuse him sexually;
or
  (b) Accomplish or advance the commission of a felony; or
  (c) Terrorize him or a third person; or
  (d)  Interfere  with  the  performance  of a governmental or political
function; or
  3. The person abducted dies during the abduction or before he is  able
to  return or to be returned to safety. Such death shall be presumed, in
a case where such person was less than sixteen years old or an  incompe-
tent  person  at  the  time  of  the  abduction,  from evidence that his
parents, guardians or other lawful custodians did not see or  hear  from
him  following  the  termination of the abduction and prior to trial and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00695-01-1

S. 152                              2

received no reliable information during such period  persuasively  indi-
cating  that  he  was  alive.  In  all  other cases, such death shall be
presumed from evidence that a person whom the person abducted would have
been  extremely likely to visit or communicate with during the specified
period were he alive and free to do so did not  see  or  hear  from  him
during  such  period  and  received  no reliable information during such
period persuasively indicating that he was alive; OR
  4. THE PERSON ABDUCTED IS LESS THAN SIXTEEN YEARS OLD.
  Kidnapping in the first degree is a class A-I felony.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.