senate Bill S3535

2013-2014 Legislative Session

Enacts the child protection act of 2013; repealer

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


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

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to codes
Feb 05, 2013 referred to codes

S3535 - Details

Current Committee:
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 §§358-a & 384-b, Soc Serv L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S3285
2009-2010: S7705

S3535 - Summary

Enacts the child protection act of 2013; 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.

S3535 - Sponsor Memo

S3535 - Bill Text download pdf

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

                                  3535

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 5, 2013
                               ___________

Introduced  by  Sen. HASSELL-THOMPSON -- 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 and the social
  services law, in relation to establishing the offenses  of  aggravated
  murder  of  a  child, 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,  aggravated manslaughter of a child,
  aggravated  endangering  the  welfare  of  a  child,  and   aggravated
  manslaughter of a child; and to repeal subdivision 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:

  Section  1.  Short  title. This act shall be known and may be cited as
the "child protection act of 2013".
  S 2. Section 10.00 of the penal law  is  amended  by  adding  two  new
subdivisions 22 and 23 to read as follows:
  22.  "PERSON  IN  A POSITION OF TRUST" MEANS ANY PERSON WHO IS CHARGED
WITH ANY DUTY OR RESPONSIBILITY  FOR  THE  HEALTH,  EDUCATION,  WELFARE,
SUPERVISION  OR  CARE OF ANOTHER PERSON, EITHER INDEPENDENTLY OR THROUGH
ANOTHER PERSON, NO MATTER HOW BRIEF.
  23. "CHILD ABUSE OFFENSE" MEANS:
  (A) PATRONIZING A PROSTITUTE  IN  THE  SECOND  DEGREE  AS  DEFINED  IN
SECTION  230.05; PATRONIZING A PROSTITUTE IN THE FIRST DEGREE AS DEFINED
IN SECTION 230.06;  PROMOTING  PROSTITUTION  IN  THE  SECOND  DEGREE  AS
DEFINED  IN SUBDIVISION TWO OF SECTION 230.30; PROMOTING PROSTITUTION IN
THE FIRST DEGREE AS DEFINED IN SECTION  230.32;  DISSEMINATING  INDECENT
MATERIALS  TO  MINORS IN THE SECOND DEGREE AS DEFINED IN SECTION 235.21;
DISSEMINATING INDECENT MATERIALS  TO  MINORS  IN  THE  FIRST  DEGREE  AS
DEFINED  IN SECTION 235.22; ABANDONMENT OF A CHILD AS DEFINED IN SECTION

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04667-02-3

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