Bill increases penalty for murder of a child

By Juana Summers

Published Jan. 30, 2007

Rep. Paul Levota, D-Independence, reintroduced a bill that would automatically expand a murder charge to first-degree when an individual is accused of causing the death of a child regardless of whether the crime was premeditated. The bill was introduced Jan. 23.

The text of the bill states the death of the child must be caused knowingly, and the crime must include a heinous element.

According to the bill, heinous elements include torture, extensive bodily harm, inhumane conditions or moving the victim from one location to another.

LeVota sponsored Erica and Zayquon's Law following the high-profile Precious Doe case in Kansas City. In the case, 3-year-old Erica Green was murdered and found beheaded in a field in the city.

Following the arrest of Erica's mother and stepfather, LeVota said the prosecution spent weeks attempting to determine whether the murder fell into the realm of first-degree murder.

"The ambiguity should not be there in the state law," LeVota said. "If it is the heinous murder of a child, it should be first-degree murder."

Green's mother and stepfather will go to trial later this year.

The same ambiguity and questions involving first-degree murder were present in the murder of Zayquon Hammond, a 23-month-old boy killed in Kansas City in February 2005. Ryan Wiss, the fiancé of Hammond's mother, was initially charged with second-degree murder and later pled guilty to charges.

Erica and Zayquon's law was introduced late in the previous legislative session, but the bill expired when it wasn't passed before the session closed, LeVota said. He said he believes there is more bipartisan support this year.

The bill has 24 co-sponsors, including members of both parties.

"Its just an effort to make sure that people are safe," LeVota said.