BILL NUMBER: S10691
SPONSOR: CHAN
 
TITLE OF BILL:
An act to amend the penal law, in relation to enacting "Jacob Freytes'
law"
 
PURPOSE OR GENERAL IDEA OF BILL:
To establish a mandatory sentence of life imprisonment without parole
for the intentional or reckless murder of a child.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Cites the act as Jacob Freytes' Law.
Section 2: Adds a new subdivision 6 to Section 125.25 of the penal law
to include recklessly causing the death of a person less than 18 years
old within the crime of Murder in the Second Degree.
Section 3: Amends subdivisions 3 and 5 of Section 70.00 of the Penal Law
to require life imprisonment without parole upon conviction of murder in
the first degree where the victim is less than 18, murder in the second
degree where the victim is less than 18, and aggravated murder where the
victim is less than 14.
Section 4: Provides for an immediate effective date.
 
JUSTIFICATION:
The intentional or reckless taking of a child's life is an unforgivable
act that demands the absolute maximum penalty under the law. When an
individual intentionally or recklessly takes the life of a child under
the age of eighteen, the law must respond with the strongest possible
punishment: life without parole. Anything less would fail to reflect the
moral gravity of the offense, the devastation inflicted on the victim's
family, and the terror imposed on the surrounding community.
New York State holds a vital and compelling interest in protecting its
youth from lethal violence. Jacob Freytes was only twelve years old when
he was shot and killed in an exchange of gunfire while riding his bicy-
cle near a neighborhood Bronx bodega, leaving his family shattered and a
community devastated.
Violent crime warrants heightened scrutiny and stronger accountability.
New Yorkers are tired of seeing innocent children become collateral
damage to violent criminals. The State's criminal justice system must
exist not only to rehabilitate, but to punish criminals and draw a hard
line against the most abhorrent conduct. A mandatory sentence of life
imprisonment without parole for these crimes sends an unmistakable
message: those who murder children will never again walk free.
 
PRIOR LEGISLA I IVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
 
EFFECTIVE DATE:
Immediately.

Statutes affected:
S10691: 125.25 penal law, 125.25(5) penal law