Western New York Family Fights Child Abuse

May 23, 2013 Updated May 23, 2013 at 6:39 PM EDT

By Rachel Elzufon

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May 23, 2013 Updated May 23, 2013 at 6:39 PM EDT

Buffalo, NY (WKBW) - State Senators are getting tough with child abusers -- passing a bill created from a child abuse case from North Tonawanda.

Three-year-old Jay J Bolvin was severely beaten by his father, a repeat child abuser, who got a four-year prison sentence. His family says, that is not long enough.

In the first three months of his life, Jay J had eleven broken bones and severe head trauma from Shaken Baby Syndrome.

Jay J's life will never be normal.

"When we first got Jay J, he was having up to 200 seizures a day, of up to five different types," Jay J's uncle Kevin Retzer explains.

Jay J's aunt, Christine Retzer, says, "We were originally told he would be a vegetable in a wheelchair."

The young boy goes to therapy almost everyday of the week. He is unable to talk but has made remarkable progress. He can now make noises and is learning sign language.

However, he still needs constant care. "We changed his diet to control his seizures, he doesn't have a normal diet," Kevin says. "We can't even give him ice cream."

Most upsetting to his family -- Jay J's abuser has a past.

"Jay J's father had abused another son, when that son was six months old -- broken arm," Kevin explains. "And it had happened four years before Jay J, and the current look back is three years."

That means that Jeremy Bolvin's past could not be factored into his prosecution or sentencing for Jay J's beating.

Bolvin only got four years behind bars, and will be out in two years. Jay J's father will be in his mid-20's when he is released from prison.

Kevin fears that "he's going to be near children -- and the children of New York State deserve to be protected from people like this."

Jay J's law would change how repeat abusers can be prosecuted and sentenced.

Prosecutors would be able to look back ten years into a repeat child abuser's past, which could increase the punishment.

A second time child abuser would receive up to seven years in prison. A third time child abuser, or someone who committed extreme harm like Jeremy Bolvin, would receive up to 25 years behind bars.

Senator Tim Kennedy, who told his colleagues "we will create justice for Jay J and send a message that we cannot wait any longer", sponsored Jay J's law.

The bill law passed unanimously in the State Senate, but now heads to the State Assembly -- which is where the legislation stalled next year.

Jay J's family, Senator Kennedy and other local legislators are spearheading efforts for the Assembly to pass the bill.

For more information on Jay J's law, visit the following website:

http://www.jjslaw.info/