STATE OF NEW YORK

________________________________________________________________________

883--A

2017-2018 Regular Sessions

IN SENATE
January 5, 2017
___________

Introduced by Sens. GOLDEN, DeFRANCISCO -- read twice and ordered

print-
ed, and when printed to be committed to the Committee on Codes
--
committee discharged, bill amended, ordered reprinted as amended
and
recommitted to said committee

AN ACT to amend the penal law, in relation to first degree murder of

a
child under the age of twelve

The People of the State of New York, represented in Senate and

Assem-
bly, do enact as follows:

1 Section 1. This act may be cited and shall be known as "Maddox's

Law".
2 2. Subparagraph (xiii) of paragraph (a) of subdivision 1 of
section
3 125.27 of the penal law, as added by chapter 300 of the laws of 2001,
is
4 amended and a new subparagraph (xiv) is added to read as follows:
5 (xiii) the victim was killed in furtherance of an act of terrorism,
as
6 defined in paragraph (b) of subdivision one of section 490.05 of
this
7 chapter; [and] or
8 (xiv) the victim was a child under the age of twelve; and
9 3. This act shall take effect on the first of November next
succeed-
10 ing the date on which it shall have become a law.

EXPLANATION--Matter in italics (underscored) is new; matter in

brackets
[ ] is old law to be omitted.
LBD05066-
02-7
 NEW YORK STATE SENATE
INTRODUCER'S MEMORANDUM IN SUPPORT
submitted in accordance with Senate Rule VI. Sec 1
BILL NUMBER: S883A

SPONSOR: GOLDEN

TITLE OF BILL:

An act to amend the penal law, in relation to first degree murder of a

child under the age of twelve

PURPOSE:

To provide a more appropriate punishment for those persons who act with
the intent to take a life and the victim is under the age of 12.

SUMMARY OF PROVISIONS:

Section one of this bill provides that this act shall be known as
"Maddox's Law."

Section two of this bill amends Penal Law section 125.27(1)(a) by adding
a new subparagraph (xiv) that adds children under the age of 12 to the
list of victims for which the offense of first degree murder may be
charged when the appropriate mens rea and age requirements are present.

Section three of this bill provides that this law shall take effect on
the first of November succeeding the date on which it shall have become
a law.

EXISTING LAW:

Under current law, the murder of a child is not first degree murder
unless it is accompanied by one or more of the aggravating factors list-
ed in Penal Law Section 125.27(1)(a).

JUSTIFICATION:

In recognition of their special status in society, current law treats

the intentional killing of members of certain groups, such as police
officer and fire fighters while they were performing their official
duties, as first degree murder. As a result, those who consider murder-
ing a member of one of these groups understand that they will receive
the most severe punishment. One other group belongs on this list - chil-
dren. Numerous instances in the recent past have demonstrated the need
for this reform.