NY State Senate Bill 2023-S6541

Senate Bill S6541

2023-2024 Legislative Session

Enacts Noah's Law; creates the crimes of child abuse, vulnerable elderly person or incompetent or physically disabled person abuse, and torture

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Current Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to codes
Apr 26, 2023	referred to codes

co-Sponsors

2023-S6541 (ACTIVE) - Details

See Assembly Version of this Bill:: A6760
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Add §§260.16, 260.17, 260.36, 260.37 & 260.40, Pen L

2023-S6541 (ACTIVE) - Summary

Creates the crimes of child abuse, vulnerable elderly person or incompetent or physically disabled person abuse, and torture.

2023-S6541 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6541

SPONSOR: ORTT
 
TITLE OF BILL:

An act to amend the penal law, in relation to creating the crimes of
child abuse, vulnerable elderly person or incompetent or physically
disabled person abuse, and torture

 
PURPOSE OR GENERAL IDEA OF BILL:

Enacts Noah's Law; creates the crimes of child abuse, vulnerable elderly
person or incompetent or physically disabled person abuse, and torture.

 
SUMMARY OF PROVISIONS:

Section 1: This act shall be known and may be cited as "Noah's Law".

Section 2: The penal law is amended by adding two new sections 260.16
and 260.17.

Section 3:The penal law is amended by adding two new sections 260.36 and

260.37.

Section 4: The penal law is amended by adding a new section 260.40.

Section 5: Establishes the effective date.

 
JUSTIFICATION:

Despite international treaties and federal laws criminalizing torture
that does not result in death, there are only two states that have
specific anti-torture statutes. New York should close the gap in its
criminal code by creating a new crime for when a perpetrator physically
or mentally tortures a victim. A 2020 case in Niagara County illustrates
the deficiencies of New York's criminal statutes.  Michael Wilson Sr.,
his finance, Christina DeGroff, and their daughter Michaela Wilson,
subjected Michael's 5-year old grandson, Noah, and 6-year old grand-
daughter, Kyliee, to unspeakable physical and mental suffering through
acts that amount to nothing less than torture however, New York's crimi-
nal laws do not specifically address this type of conduct. Prosecutors
struggled to find criminal law that meet the facts of the case and
provide adequate punishment.

The horrific actions taken by Michael Wilson Sr., Christina DeGroff, and
Michaela Wilson against these children satisfy the elements of the
torture statute proposed by this bill. First the Wilson/DeGroff's course
of conduct and the extent of Noah's injuries, demonstrates that the
Wilson/DeGroff's knew that they were causing him to suffer both cruel
physical and mental pain. It was also clear that they knew they were
causing Kyliee to also suffer cruel physical and mental pain. The
Wilson/DeGroff's had custody of the two minor children, however, they
continuously acted in a violent and inhumane manner towards them.

Without the defendants' cooperation and the children's' inability to
provide a full detailed account of their lives at the Wilson/DeGroff
residence, we are left only with evidence to piece together an account
of what they endured. Through the use of evidence, it was determined
that between April 10th, 2020 and April 16th, 2020, Michael Wilson Sr.,
Christina DeGroff, and Michaela Wilson engaged in a course of conduct
against Noah consisting of intentionally striking, punching, kicking,
lifting and dropping the child to the floor, choking the child, stomping
on him and slamming his head to the floor. They engaged in these acts or
were present while the other party engaged in these acts on numerous
occasions during the time frame. They also committed these acts in the
presence of Noah's slightly older sister. Noah and Kyliee were exposed
to multiple forms of physical maltreatment including but surely not
limited to, beating, binding, burning, forced position or standing,
forced exercise, and asphyxiation. They were also exposed to multiple
forms of psychological maltreatment including threats, food and water
restrictions, bathroom restrictions, sleep deprivation, forced hot/cold
environment, and denial of medical and educational services.  Though we
have evidence for a short period of time, we have reason to believe
these behaviors were ongoing for months.

The Wilson/DeGroff's intentionally inflicted extreme pain and suffering
on Noah and Kyliee not for revenge, extortion, or persuasion, but for
the purpose of experiencing personal pleasure, or a sadistic purpose.
The torture was the product of calculated and coldblooded individuals,
whose motivation for personal gain or satisfaction makes them deserving
of additional punishment. The Wilson/DeGroff's' dynamic of domination
and control, crushed Noah and Kyliee's spirit and humanity and left them
with long term, potentially permanent, physical and psychological inju-
ries.

Torture is not a crime reserved for the unscrupulous; husbands, wives,
parents, and other family members are all capable. Unfortunately, Noah
and Kyliee are not the only two children that will be victims of such
abuse. New York State's criminal code do not equip prosecutors with the
statutory tools they need to effectively punish torturous behavior. We
need to do better. We need to adopt child abuse and torture statutes
that not only criminalize physical torture, but mental torture as well.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law.

2023-S6541 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6541
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              April 26, 2023
                                ___________
 
 Introduced  by  Sen.  ORTT  --  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  creating  the  crimes  of
   child  abuse,  vulnerable  elderly person or incompetent or physically
   disabled person abuse, and torture

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as "Noah's Law".
   §  2.  The  penal law is amended by adding two new sections 260.16 and
 260.17 to read as follows:
 § 260.16 CHILD ABUSE IN THE SECOND DEGREE.
   A PERSON IS GUILTY OF CHILD ABUSE IN THE SECOND DEGREE WHEN:
   1. THROUGH OMISSION, NEGLECT, OR A RECKLESS ACT,  THEY  CAUSE  SERIOUS
 PHYSICAL AND/OR MENTAL HARM TO A CHILD;
   2.  THEY  KNOWINGLY  OR INTENTIONALLY COMMIT AN ACT WHICH IS LIKELY TO
 CAUSE PHYSICAL AND/OR MENTAL HARM TO A CHILD, REGARDLESS OF IF SUCH HARM
 OCCURS; OR
   3. THEY KNOWINGLY OR INTENTIONALLY COMMIT AN ACT WHICH IS CRUEL  TO  A
 CHILD, REGARDLESS OF IF ANY HARM OCCURS.
   CHILD ABUSE IN THE SECOND DEGREE IS A CLASS B FELONY.
 § 260.17 CHILD ABUSE IN THE FIRST DEGREE.
   A  PERSON IS GUILTY OF CHILD ABUSE IN THE FIRST DEGREE WHEN THEY KNOW-
 INGLY OR INTENTIONALLY CAUSE SERIOUS PHYSICAL AND/OR MENTAL  HARM  TO  A
 CHILD.
   CHILD ABUSE IN THE FIRST DEGREE IS A CLASS A FELONY.
   §  3.  The  penal law is amended by adding two new sections 260.36 and
 260.37 to read as follows:
 § 260.36 VULNERABLE ELDERLY PERSON OR INCOMPETENT OR PHYSICALLY DISABLED
            PERSON ABUSE IN THE SECOND DEGREE.
   A PERSON IS GUILTY OF VULNERABLE  ELDERLY  PERSON  OR  INCOMPETENT  OR
 PHYSICALLY DISABLED PERSON ABUSE IN THE SECOND DEGREE WHEN:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09928-01-3

 S. 6541                             2
 
   1.  THROUGH  OMISSION,  NEGLECT, OR A RECKLESS ACT, THEY CAUSE SERIOUS
 PHYSICAL AND/OR MENTAL HARM TO A VULNERABLE ELDERLY PERSON  OR  INCOMPE-
 TENT OR PHYSICALLY DISABLED PERSON;
   2.  THEY  KNOWINGLY  OR INTENTIONALLY COMMIT AN ACT WHICH IS LIKELY TO
 CAUSE PHYSICAL AND/OR MENTAL HARM TO  A  VULNERABLE  ELDERLY  PERSON  OR
 INCOMPETENT  OR  PHYSICALLY  DISABLED PERSON, REGARDLESS OF IF SUCH HARM
 OCCURS; OR
   3. THEY KNOWINGLY OR INTENTIONALLY COMMIT AN ACT WHICH IS CRUEL  TO  A
 VULNERABLE  ELDERLY PERSON OR INCOMPETENT OR PHYSICALLY DISABLED PERSON,
 REGARDLESS OF IF ANY HARM OCCURS.
   VULNERABLE ELDERLY PERSON OR INCOMPETENT OR PHYSICALLY DISABLED PERSON
 ABUSE IN THE SECOND DEGREE IS A CLASS B FELONY.
 § 260.37 VULNERABLE ELDERLY PERSON OR INCOMPETENT OR PHYSICALLY DISABLED
            PERSON ABUSE IN THE FIRST DEGREE.
   A PERSON IS GUILTY OF VULNERABLE  ELDERLY  PERSON  OR  INCOMPETENT  OR
 PHYSICALLY DISABLED PERSON ABUSE IN THE FIRST DEGREE WHEN THEY KNOWINGLY
 OR  INTENTIONALLY CAUSE SERIOUS PHYSICAL AND/OR MENTAL HARM TO A VULNER-
 ABLE ELDERLY PERSON OR INCOMPETENT OR PHYSICALLY DISABLED PERSON.
   VULNERABLE ELDERLY PERSON OR INCOMPETENT OR PHYSICALLY DISABLED PERSON
 ABUSE IN THE FIRST DEGREE IS A CLASS A FELONY.
   § 4. The penal law is amended by adding a new section 260.40  to  read
 as follows:
 § 260.40 TORTURE.
   A  PERSON IS GUILTY OF TORTURE WHEN THEY KNOWINGLY AND CRUELLY INFLICT
 SERIOUS PHYSICAL INJURY AND/OR SEVERE  MENTAL  PAIN  OR  SUFFERING  UPON
 ANOTHER  PERSON  WITHIN  THEIR CUSTODY OR PHYSICAL CONTROL. TORTURE DOES
 NOT REQUIRE ANY PROOF THAT THE VICTIM SUFFERED PAIN.
   TORTURE IS A CLASS A FELONY.
   § 5. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.

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Senate Bill S6541

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Sponsored By

Robert G. Ortt