Provides that abducting a person under age of sixteen shall be kidnapping in the first degree.
Ayes (61): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Excused (1): Montgomery
Ayes (60): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Excused (1): Huntley
TITLE OF BILL: An act to amend the penal law, in relation to kidnapping in the first degree
PURPOSE: To increase the penalties of kidnapping a child.
SUMMARY OF PROVISIONS: Section 135.25 of the penal law is amended to include the kidnapping of a child under the age of sixteen years.
EXISTING LAW: Existing law does not make specific reference to the kidnapping of a child. The current penalties are the same for abduction of an adult as a child.
JUSTIFICATION: Five out of every 100 kidnap offenders convicted of kidnapping will be reconvicted for this crime. A previous conviction of kidnapping is a significant risk factor for other serious crimes. Kidnappers are 30 times more likely than males in the general population to be convicted of homicide and 4 times more likely than sex offenders. Therefore, there should be more focus on kidnappers as a potentially dangerous set of offenders.
The abduction of a child would not necessarily constitute as kidnapping in the first degree unless other criteria are met or proven. This bill would ensure that the abduction of a child automatically qualify as the highest level kidnapping charge.
LEGISLATIVE HISTORY: S.7784 of 2009-2010; Referred to Codes
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: Ninetieth day after the bill becomes law.
STATE OF NEW YORK ________________________________________________________________________ 152 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________Introduced by Sens. MAZIARZ, BONACIC, DeFRANCISCO, GOLDEN, LARKIN, LIBOUS, SEWARD -- 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 kidnapping in the first degree THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 135.25 of the penal law, as amended by chapter 791 of the laws of 1967, the closing paragraph as amended by chapter 276 of the laws of 1973, is amended to read as follows: S 135.25 Kidnapping in the first degree. A person is guilty of kidnapping in the first degree when he abducts another person and when: 1. His intent is to compel a third person to pay or deliver money or property as ransom, or to engage in other particular conduct, or to refrain from engaging in particular conduct; or 2. He restrains the person abducted for a period of more than twelve hours with intent to: (a) Inflict physical injury upon him or violate or abuse him sexually; or (b) Accomplish or advance the commission of a felony; or (c) Terrorize him or a third person; or (d) Interfere with the performance of a governmental or political function; or 3. The person abducted dies during the abduction or before he is able to return or to be returned to safety. Such death shall be presumed, in a case where such person was less than sixteen years old or an incompe- tent person at the time of the abduction, from evidence that his parents, guardians or other lawful custodians did not see or hear from him following the termination of the abduction and prior to trial andEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00695-01-1 S. 152 2
received no reliable information during such period persuasively indi- cating that he was alive. In all other cases, such death shall be presumed from evidence that a person whom the person abducted would have been extremely likely to visit or communicate with during the specified period were he alive and free to do so did not see or hear from him during such period and received no reliable information during such period persuasively indicating that he was alive; OR 4. THE PERSON ABDUCTED IS LESS THAN SIXTEEN YEARS OLD. Kidnapping in the first degree is a class A-I felony. S 2. This act shall take effect on the ninetieth day after it shall have become a law.