senate Bill S3582A

2011-2012 Legislative Session

Enacts Erin's law; repealer

download bill text pdf

Sponsored By

Archive: Last Bill Status -


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

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 05, 2012 print number 3582a
amend and recommit to codes
Jan 04, 2012 referred to codes
Feb 25, 2011 referred to codes

Co-Sponsors

view additional co-sponsors

S3582 - Details

Law Section:
Penal Law
Laws Affected:
Rpld §125.25 sub 5, amd Pen L, generally; amd §§30.30, 180.85, 190.25 & 700.05, CP L; amd §509-cc, V & T L; amd §4-1.6, EPT L; amd §995, Exec L; amd §§358-a, 384-b, 422, 424 & 420, Soc Serv L; amd §1012, Fam Ct Act
Versions Introduced in 2009-2010 Legislative Session:
S1510

S3582 - Summary

Enacts "Erin's law"; establishes the class A-I felony of aggravated murder of a child for which the sentence shall be life imprisonment without parole; aggravated murder of a child shall include intentional killing of a person under 14 while in the course of committing rape, criminal sexual acts, aggravated sexual abuse or incest against such child, or the depraved indifference or intentional killing of a person under 14 while being legally responsible for the care of such child; repeals provisions of murder in the second degree which mirror certain provisions of aggravated murder of a child (view more) treats the offense of aggravated murder of a child in a manner similar to murder in the first degree; establishes the offenses of aggravated manslaughter of a child, aggravated abuse of a child in the first, second and third degrees, and aggravated endangering the welfare of a child; requires recording of calls to the statewide central register of child abuse and maltreatment and the investigation of the prior history of a report of child abuse; requires increased scrutiny and the presence of law enforcement during investigations of a report with prior history of a report of child abuse.

S3582 - Sponsor Memo

S3582 - Bill Text download pdf

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

                                  3582

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 25, 2011
                               ___________

Introduced  by  Sens.  DeFRANCISCO,  BONACIC,  JOHNSON, LARKIN, MAZIARZ,
  O'MARA -- read twice and ordered  printed,  and  when  printed  to  be
  committed to the Committee on Codes

AN  ACT  to amend the penal law, the criminal procedure law, the vehicle
  and traffic law, the estates, powers and trusts law, the executive law
  and the social services law, in relation to establishing  the  offense
  of  aggravated murder of a child; to amend the penal law, the criminal
  procedure law, the vehicle and traffic law and the executive  law,  in
  relation  to  establishing the offenses of aggravated abuse of a child
  in the third degree, aggravated abuse of a child in the second degree,
  aggravated abuse of  a  child  in  the  first  degree  and  aggravated
  manslaughter  of  a child; to amend the penal law, the criminal proce-
  dure law, the vehicle and  traffic  law  and  the  executive  law,  in
  relation  to  establishing  the  offense of aggravated endangering the
  welfare of a child; to amend the social services law, in  relation  to
  aggravated  manslaughter of a child; to amend the social services law,
  in relation to requiring the  recording  of  calls  to  the  statewide
  central  register  of  child  abuse  and  maltreatment made by persons
  required by law to report child abuse, requiring the office  of  chil-
  dren  and  family  services  to  investigate  the prior history of the
  subject of a report of child abuse or maltreatment and requiring  such
  office  to  inform  a  caller  if  a report cannot be taken; requiring
  increased scrutiny and the presence  of  law  enforcement  during  the
  investigation  of  a  child  abuse  or  maltreatment report with prior
  history of such reports; to amend the family court act, in relation to
  the definition of the term "neglected child"; and to  repeal  subdivi-
  sion  5 of section 125.25 of the penal law relating to the murder of a
  person under 14 years of age while in the course of committing certain
  sex offenses

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09420-01-1

Co-Sponsors

view additional co-sponsors

S3582A (ACTIVE) - Details

Law Section:
Penal Law
Laws Affected:
Rpld §125.25 sub 5, amd Pen L, generally; amd §§30.30, 180.85, 190.25 & 700.05, CP L; amd §509-cc, V & T L; amd §4-1.6, EPT L; amd §995, Exec L; amd §§358-a, 384-b, 422, 424 & 420, Soc Serv L; amd §1012, Fam Ct Act
Versions Introduced in 2009-2010 Legislative Session:
S1510

S3582A (ACTIVE) - Summary

Enacts "Erin's law"; establishes the class A-I felony of aggravated murder of a child for which the sentence shall be life imprisonment without parole; aggravated murder of a child shall include intentional killing of a person under 14 while in the course of committing rape, criminal sexual acts, aggravated sexual abuse or incest against such child, or the depraved indifference or intentional killing of a person under 14 while being legally responsible for the care of such child; repeals provisions of murder in the second degree which mirror certain provisions of aggravated murder of a child (view more) treats the offense of aggravated murder of a child in a manner similar to murder in the first degree; establishes the offenses of aggravated manslaughter of a child, aggravated abuse of a child in the first, second and third degrees, and aggravated endangering the welfare of a child; requires recording of calls to the statewide central register of child abuse and maltreatment and the investigation of the prior history of a report of child abuse; requires increased scrutiny and the presence of law enforcement during investigations of a report with prior history of a report of child abuse.

S3582A (ACTIVE) - Sponsor Memo

S3582A (ACTIVE) - Bill Text download pdf

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

                                 3582--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 25, 2011
                               ___________

Introduced  by  Sens.  DeFRANCISCO,  BONACIC,  JOHNSON, LARKIN, MAZIARZ,
  O'MARA, RITCHIE -- read twice and ordered printed, and when printed to
  be committed to the Committee on Codes -- recommitted to the Committee
  on Codes in accordance  with  Senate  Rule  6,  sec.  8  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to amend the penal law, the criminal procedure law, the vehicle
  and traffic law, the estates, powers and trusts law, the executive law
  and the social services law, in relation to establishing  the  offense
  of  aggravated murder of a child; to amend the penal law, the criminal
  procedure law, the vehicle and traffic law and the executive  law,  in
  relation  to  establishing the offenses of aggravated abuse of a child
  in the third degree, aggravated abuse of a child in the second degree,
  aggravated abuse of  a  child  in  the  first  degree  and  aggravated
  manslaughter  of  a child; to amend the penal law, the criminal proce-
  dure law, the vehicle and  traffic  law  and  the  executive  law,  in
  relation  to  establishing  the  offense of aggravated endangering the
  welfare of a child; to amend the social services law, in  relation  to
  aggravated  manslaughter of a child; to amend the social services law,
  in relation to requiring the  recording  of  calls  to  the  statewide
  central  register  of  child  abuse  and  maltreatment made by persons
  required by law to report child abuse, requiring the office  of  chil-
  dren  and  family  services  to  investigate  the prior history of the
  subject of a report of child abuse or maltreatment and requiring  such
  office  to  inform  a  caller  if  a report cannot be taken; requiring
  increased scrutiny and the presence  of  law  enforcement  during  the
  investigation  of  a  child  abuse  or  maltreatment report with prior
  history of such reports; to amend the family court act, in relation to
  the definition of the term "neglected child"; and to  repeal  subdivi-
  sion  5 of section 125.25 of the penal law relating to the murder of a
  person under 14 years of age while in the course of committing certain
  sex offenses

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09420-02-1

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