"An Act relating to the crimes of murder, solicitation to commit murder in the first degree. Conspiracy to commit murder in the first degree, manslaughter, and criminally negligent homicide; relating to homicides of children; relating to registration as a sex offender or child kidnapper; relating to the crime of interference with custody of a child or incompetent person; and providing for an effective date."

Updated: May 8, 1999

All too often, when a child is killed, even when the killer is convicted, they do not receive punishment commensurate with the severity of their actions. Tragically, this has especially been the case when very young children are killed. I believe these children, who are the most vulnerable members of our society, are owed far more than our criminal justice system has afforded them. SB 3 makes the following changes to our criminal statutes:

• adds a new form of first degree murder when the death of a child results from the commission or attempted commission of kidnapping or a sexual offense;
• expands the list of offenses constituting felony murder to include sexual abuse of a minor in the first and second degrees;
• adds a new form of second degree murder when a person causes the death of a child with criminal negligence and has a previous felony conviction against a child;
• elevates criminally negligent homicide from a class C to a class B felony,
• establishes a twenty year mandatory minimum sentence for a person convicted of a murder of a child under the age of sixteen;
• increases the mandatory minimum sentence (from five to seven years) for manslaughter, when the victim is a child under the age of sixteen;
• establishes a new sentencing provision, which allows for a term of unsuspended imprisonment that exceeds the presumptive term, for certain felony offenses if the victim is a child under the age of 16;
• expands the crime of custodial interference in the first degree to include the act of keeping a child or incompetent person outside of the state;
• clarifies language in the sex offender registry statute; and
• elevates solicitation of murder to an unclassified felony.

Children deserve a responsible level of care when they are entrusted to an adult. SB 3 will help accomplish both the goals of deterrence and establishing a punishment more fitting the crime.

Identical legislation was considered by the 20th legislature and moved through the committee process in both bodies with unanimous bipartisan support before dying on the House calendar on the final day of session. Passage of this bill will correct serious deficiencies in our legal system. I urge your support.

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