New York City Council Header
File #: Res 0107-2006    Version: * Name: Amend the Penal Law so that those who kill a child as a result of recklessness are eligible for a significant prison term.
Type: Resolution Status: Filed
Committee: Committee on Public Safety
On agenda: 2/15/2006
Enactment date: Law number:
Title: Resolution calling on the New York State Legislature to amend the Penal Law so that those who kill a child as a result of recklessness are eligible for a significant prison term.
Sponsors: Peter F. Vallone, Jr., Vincent J. Gentile, Melissa Mark-Viverito, Michael C. Nelson, John C. Liu
Council Member Sponsors: 5
Attachments: 1. Committee Report 1/13/09, 2. Hearing Testimony 1/13/09, 3. Hearing Transcript 1/13/09
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
12/31/2009*Peter F. Vallone, Jr. City Council Filed (End of Session)  Action details Meeting details Not available
1/13/2009*Peter F. Vallone, Jr. Committee on Public Safety Hearing Held by Committee  Action details Meeting details Not available
1/13/2009*Peter F. Vallone, Jr. Committee on Public Safety Laid Over by Committee  Action details Meeting details Not available
2/15/2006*Peter F. Vallone, Jr. City Council Referred to Comm by Council  Action details Meeting details Not available
2/15/2006*Peter F. Vallone, Jr. City Council Introduced by Council  Action details Meeting details Not available

Res. No. 107

 

Resolution calling on the New York State Legislature to amend the Penal Law so that those who kill a child as a result of recklessness are eligible for a significant prison term.

 

By Council Members Vallone Jr., Gentile, Mark-Viverito, Nelson and Liu

 

                     Whereas, The brutal torture and death of Nixzmary Brown at the hands of her parents points to several changes that must be made to the state’s Penal Law so that those who kill a child in their care are adequately punished; and

                     Whereas, As stated by Queens DA Richard Brown, “while a small percentage of abusers intentionally kill children, the vast majority of child deaths resulting from abuse are caused by reckless acts of caregivers, such as sudden violent beatings and shakings visited upon children in fits of frustration and anger”; and

                     Whereas, The top possible charge for these types of crimes is a C felony which, in some instances, may allow a defendant to be eligible for probation; and

                     Whereas, As stated by DA Brown, “That law should be changed: Someone who beats a child to death should go to prison even if the killer was “merely” being reckless”; and

                     Whereas, The killing of a child by a parent or caregiver, whether intentional or reckless, should be appropriately punished, and the State Legislature should make the occasion of Nixzmary Brown’s death an opportunity to do so; now, therefore, be it

                     Resolved, That the Council of the city of New York calls on the New York State Legislature to amend the Penal Law so that those who kill a child as a result of recklessness are eligible for a significant prison term.

TB

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