S152-2011 - NY Senate Open Legislation - Relates to kidnapping in the first degree

Provides that abducting a person under age of sixteen shall be kidnapping in the first degree.

Sponsor: MAZIARZ / Co-sponsor(s): AVELLA, BONACIC, DEFRANCISCO, GOLDEN, LARKIN, LIBOUS, SEWARD / Committee: CODES
Law Section: Penal Law / Law: Amd S135.25, Pen L

S152-2011 Actions

Jan 30, 2012: referred to codes
Jan 30, 2012: DELIVERED TO ASSEMBLY
Jan 30, 2012: PASSED SENATE
Jan 23, 2012: ADVANCED TO THIRD READING
Jan 19, 2012: 2ND REPORT CAL.
Jan 18, 2012: 1ST REPORT CAL.54
Jan 4, 2012: REFERRED TO CODES
Jan 4, 2012: returned to senate
Jan 4, 2012: died in assembly
May 16, 2011: referred to codes
May 16, 2011: DELIVERED TO ASSEMBLY
May 16, 2011: PASSED SENATE
Apr 11, 2011: ADVANCED TO THIRD READING
Apr 6, 2011: 2ND REPORT CAL.
Apr 5, 2011: 1ST REPORT CAL.303
Jan 5, 2011: REFERRED TO CODES

S152-2011 Meetings

Codes: Jan 18, 2012, Codes: Apr 5, 2011

S152-2011 Calendars

Active List: Jan 30, 2012 , Active List: May 16, 2011 , Floor Calendar: Jan 19, 2012 , Floor Calendar: Jan 23, 2012 , Floor Calendar: Jan 24, 2012 , Floor Calendar: Jan 30, 2012 , Floor Calendar: Apr 6, 2011 , Floor Calendar: Apr 11, 2011 , Floor Calendar: Apr 12, 2011 , Floor Calendar: Apr 13, 2011 , Floor Calendar: May 2, 2011 , Floor Calendar: May 3, 2011 , Floor Calendar: May 4, 2011 , Floor Calendar: May 9, 2011 , Floor Calendar: May 10, 2011 , Floor Calendar: May 11, 2011 , Floor Calendar: May 16, 2011

S152-2011 Votes

VOTE: COMMITTEE VOTE: - Codes - Apr 5, 2011

Ayes (11): Saland, DeFrancisco, Fuschillo, Gallivan, Golden, Lanza, Nozzolio, O'Mara, Gianaris, Perkins, Espaillat
Ayes W/R (1): Duane
Nays (1): Parker
Excused (3): Flanagan, Huntley, Squadron

VOTE: FLOOR VOTE: - May 16, 2011

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

VOTE: COMMITTEE VOTE: - Codes - Jan 18, 2012

Ayes (14): Saland, DeFrancisco, Flanagan, Fuschillo, Gallivan, Golden, Lanza, Nozzolio, O'Mara, Gianaris, Huntley, Perkins, Squadron, Espaillat
Ayes W/R (1): Duane
Nays (1): Parker

VOTE: FLOOR VOTE: - Jan 30, 2012

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

S152-2011 Memo

BILL NUMBER:S152

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.

S152-2011 Text

 S T A T E   O F   N E W   Y O R K
 
                                           152
 2011-2012 Regular Sessions
 I N  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 and
 EXPLANATION--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.

S152-2011: Relates to kidnapping in the first degree