Establishes the offense of aggravated murder of a child, aggravated abuse of a child, aggravated manslaughter of a child, and aggravated endangering the welfare of a child; requires the recording of calls to the statewide register of child abuse made by mandated reporters; defines "neglected child".
Impact
By enacting this legislation, New York state aims to strengthen its legal framework regarding child abuse and ensure that individuals who abuse or endanger children face stringent consequences. This bill will affect existing child protection laws, making it more difficult for offenders to evade justice and reinforcing support systems for victims of child abuse. It also requires the Office of Children and Family Services to investigate previous reports of child abuse more rigorously and increases the standards for accountability when a child is endangered.
Summary
Bill A08343, also known as 'Erin's Law', establishes several serious offenses related to child welfare, including aggravated murder of a child, aggravated abuse of a child, aggravated manslaughter of a child, and aggravated endangering the welfare of a child. The bill amends multiple sections of the penal law and social services law to enhance protections for children and hold those responsible for their care accountable. Specifically, it introduces harsher penalties for individuals convicted of these offenses, including life imprisonment without parole for aggravated murder of a child, which is defined in the legislation as a class A-I felony.
Contention
Discussion surrounding Bill A08343 highlights a few areas of contention. Proponents argue that the bill provides necessary reforms to prioritize child safety and deter potential offenders through its strict penalties. However, some critics express concern that by imposing mandatory penalties such as life imprisonment without parole for certain offenses, the bill may limit judicial discretion and lead to disproportionate sentences in cases where circumstances could warrant more lenient handling.
Same As
Establishes the offense of aggravated murder of a child, aggravated abuse of a child, aggravated manslaughter of a child, and aggravated endangering the welfare of a child; requires the recording of calls to the statewide register of child abuse made by mandated reporters; defines "neglected child".
Expands juvenile offender status to include rape in the first degree, criminal sexual act in the first degree, aggravated sexual abuse in the first degree, aggravated sexual abuse in the second degree and aggravated sexual abuse in the third degree if committed by persons thirteen, fourteen or fifteen years of age.
Relates to aggravated cruelty to animals in the presence of a child; increases the potential term of imprisonment from two to four years when such crime is committed in the presence of a child; defines presence of a child.
Establishes the crimes of aggravated threat of mass harm in the first degree and aggravated threat of mass harm in the second degree; makes such crimes hate crimes.
Establishes the crimes of aggravated threat of mass harm in the first degree and aggravated threat of mass harm in the second degree; makes such crimes hate crimes.
Establishes the offense of aggravated reckless endangerment; includes aggravated reckless endangerment as a qualified offense the court must consider and take into account for securing an order.
Establishes the offense of aggravated reckless endangerment; includes aggravated reckless endangerment as a qualified offense the court must consider and take into account for securing an order.
Includes leaving the scene of an accident within the crimes of aggravated vehicular manslaughter and aggravated vehicular assault when physical injury or death occurs to a person or persons.
Establishes the offense of aggravated reckless driving and allows for the seizure and forfeiture of vehicles used in connection with reckless driving or aggravated reckless driving.
Establishes the offense of aggravated murder of a child, aggravated abuse of a child, aggravated manslaughter of a child, and aggravated endangering the welfare of a child; requires the recording of calls to the statewide register of child abuse made by mandated reporters; defines "neglected child".
Relative foster care licensing, training, and background study requirements modifications provision, Minnesota Family Investment program modifications provision, and appropriation