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
The introduction of S07851 is expected to have a profound impact on state laws pertaining to child protection and welfare. By clearly defining child abuse offenses and establishing more stringent penalties, the bill seeks to deter potential offenders and ensure that perpetrators are held accountable. Additionally, the bill mandates the recording of calls to the statewide central register of child abuse, obliging mandated reporters to adhere to more rigorous reporting standards. This could facilitate better tracking of abuse cases and may lead to improved safeguards against child mistreatment.
Summary
S07851, often referred to as 'Erin's Law', proposes significant amendments to the New York penal and social services laws aimed at addressing child abuse and enhancing the welfare of children. The bill establishes specific offenses, such as aggravated murder of a child, aggravated manslaughter of a child, and aggravated abuse of a child. These definitions clarify the legal parameters surrounding child abuse cases, particularly concerning individuals in positions of trust regarding children. Convictions for these offenses can result in severe penalties, including life imprisonment without parole, strengthening the legal consequences for such heinous acts.
Contention
Debate surrounding S07851 has revealed some concerns among stakeholders regarding the implications of expanding legal definitions and the potential for increased legal burden on parents and guardians. Critics argue that while the bill's intentions are noble, there may be unintended consequences that could result in increased prosecution of what could be deemed as parental discipline or oversight. Furthermore, the requirement for law enforcement to accompany child protective investigators could raise concerns about the severity of the child welfare investigations, possibly deterring individuals from more general parenting practices.
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