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S05862 Summary:

BILL NO    S05862A

SAME AS    No same as 

SPONSOR    GRISANTI

COSPNSR    SALAND, LANZA, BALL, FUSCHILLO, GOLDEN, SKELOS, LITTLE, YOUNG,
           O'MARA, MAZIARZ, DEFRANCISCO, LIBOUS, ALESI, FLANAGAN, ZELDIN,
           MARTINS, MARCELLINO, JOHNSON, ROBACH, FARLEY, BONACIC, LARKIN,
           GALLIVAN, MCDONALD, GRIFFO, NOZZOLIO, HANNON, SEWARD, LAVALLE,
           RITCHIE, RANZENHOFER, CARLUCCI, SAVINO, KLEIN, VALESKY, AVELLA,
           KENNEDY

MLTSPNSR   

Amd Pen L, generally; amd SS30.30, 180.85, 190.25 & 700.05, CP L; amd S509-cc,
V & T L; amd S4-1.6, EPT L; amd S995, Exec L; amd SS358-a & 384-b, Soc Serv L

Enacts the "protect our children act"; establishes certain offenses relating to
murder of and violence against a child, obstructing the location of a missing
child and concealment of a death.
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S05862 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                        5862--A

                              2011-2012 Regular Sessions

                                   I N  S E N A T E

                                     July 20, 2011
                                      ___________

       Introduced  by  Sens.  GRISANTI, SALAND, LANZA, BALL, FUSCHILLO, GOLDEN,
         SKELOS, LITTLE, YOUNG, O'MARA, MAZIARZ,  DeFRANCISCO,  LIBOUS,  ALESI,
         FLANAGAN,  ZELDIN, MARTINS, MARCELLINO, JOHNSON, ROBACH, FARLEY, BONA-
         CIC, LARKIN, GALLIVAN, McDONALD,  GRIFFO,  NOZZOLIO,  HANNON,  SEWARD,
         LAVALLE,  RITCHIE,  RANZENHOFER,  CARLUCCI,  SAVINO, KLEIN, VALESKY --
         read twice and ordered printed, and when printed to  be  committed  to
         the  Committee  on  Rules  -- recommitted to the Committee on Codes in
         accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
         amended,  ordered reprinted as amended and recommitted to said commit-
         tee

       AN ACT to amend the penal law, the criminal procedure law,  the  vehicle
         and traffic law, the estates, powers and trusts law, the executive law
         and  the social services law, in relation to establishing the offenses
         of aggravated murder of a child, aggravated abuse of a  child  in  the
         third degree, aggravated abuse of a child in the second degree, aggra-
         vated abuse of a child in the first degree, aggravated manslaughter of
         a  child,  aggravated  endangering  the welfare of a child, aggravated
         murder of a child, obstruction the location of a  missing  child,  and
         concealment  of a death; and to repeal subdivision 5 of section 125.25
         of the penal law relating to the murder of a person under 14 years  of
         age while in the course of committing certain sex offenses

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. Short title. This act shall be known and may  be  cited  as
    2  the "protect our children act".
    3    S  2.  Section  10.00  of  the  penal law is amended by adding two new
    4  subdivisions 21 and 22 to read as follows:
    5    21. "PERSON IN A POSITION OF TRUST" MEANS ANY PERSON  WHO  IS  CHARGED
    6  WITH  ANY  DUTY  OR  RESPONSIBILITY  FOR THE HEALTH, EDUCATION, WELFARE,
    7  SUPERVISION OR CARE OF ANOTHER PERSON, EITHER INDEPENDENTLY  OR  THROUGH
    8  ANOTHER PERSON, NO MATTER HOW BRIEF.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13286-02-2
       S. 5862--A                          2

    1    22. "CHILD ABUSE OFFENSE" MEANS:
    2    (A)  PATRONIZING  A  PROSTITUTE  IN  THE  SECOND  DEGREE AS DEFINED IN
    3  SECTION 230.05; PATRONIZING A PROSTITUTE IN THE FIRST DEGREE AS  DEFINED
    4  IN  SECTION  230.06;  PROMOTING  PROSTITUTION  IN  THE  SECOND DEGREE AS
    5  DEFINED IN SUBDIVISION TWO OF SECTION 230.30; PROMOTING PROSTITUTION  IN
    6  THE  FIRST  DEGREE  AS DEFINED IN SECTION 230.32; DISSEMINATING INDECENT
    7  MATERIALS TO MINORS IN THE SECOND DEGREE AS DEFINED IN  SECTION  235.21;
    8  DISSEMINATING  INDECENT  MATERIALS  TO  MINORS  IN  THE  FIRST DEGREE AS
    9  DEFINED IN SECTION 235.22; ABANDONMENT OF A CHILD AS DEFINED IN  SECTION
   10  260.00;  NON-SUPPORT  OF  A  CHILD  IN  THE  SECOND DEGREE AS DEFINED IN
   11  SECTION 260.05; NON-SUPPORT OF A CHILD IN THE FIRST DEGREE AS DEFINED IN
   12  SECTION 260.06; AGGRAVATED ENDANGERING THE WELFARE OF A CHILD AS DEFINED
   13  IN SECTION 260.09; ENDANGERING THE WELFARE OF  A  CHILD  AS  DEFINED  IN
   14  SECTION  260.10;  UNLAWFULLY DEALING WITH A CHILD IN THE FIRST DEGREE AS
   15  DEFINED IN SECTION 260.20; UNLAWFULLY DEALING WITH A CHILD IN THE SECOND
   16  DEGREE AS DEFINED IN SECTION 260.21; OR AN OFFENSE  DEFINED  IN  ARTICLE
   17  TWO HUNDRED SIXTY-THREE OF THIS CHAPTER; OR
   18    (B)  AN  OFFENSE  DEFINED  IN  ARTICLE ONE HUNDRED TWENTY, ONE HUNDRED
   19  TWENTY-FIVE, ONE HUNDRED THIRTY OR ONE HUNDRED THIRTY-FIVE OF THIS CHAP-
   20  TER PROVIDED THE VICTIM OF SUCH OFFENSE IS LESS THAN FOURTEEN  YEARS  OF
   21  AGE; OR
   22    (C)  AN ATTEMPT TO COMMIT AN OFFENSE LISTED IN PARAGRAPH (A) OR (B) OF
   23  THIS SUBDIVISION; OR
   24    (D) AN OFFENSE IN ANY OTHER JURISDICTION WHICH  INCLUDES  ALL  OF  THE
   25  ESSENTIAL ELEMENTS OF ANY SUCH CRIME LISTED IN PARAGRAPH (A), (B) OR (C)
   26  OF THIS SUBDIVISION.
   27    S  3. Section 60.06 of the penal law, as amended by chapter 482 of the
   28  laws of 2009, is amended to read as follows:
   29  S 60.06 Authorized disposition; murder in the  first  degree  offenders;
   30            aggravated  murder  offenders;  AGGRAVATED  MURDER  OF A CHILD
   31            OFFENDERS; certain murder  in  the  second  degree  offenders;
   32            certain terrorism offenders; criminal possession of a chemical
   33            weapon or biological weapon offenders; criminal use of a chem-
   34            ical weapon or biological weapon offenders.
   35    When a defendant is convicted of murder in the first degree as defined
   36  in  section  125.27 of this chapter, the court shall, in accordance with
   37  the provisions of section 400.27 of the criminal procedure law, sentence
   38  the defendant to death, to life imprisonment without parole  in  accord-
   39  ance  with subdivision five of section 70.00 of this title, or to a term
   40  of imprisonment for a class A-I felony other than  a  sentence  of  life
   41  imprisonment without parole, in accordance with subdivisions one through
   42  three  of  section  70.00  of this title. When a person is convicted [of
   43  murder in the second degree as defined in subdivision  five  of  section
   44  125.25  of this chapter or] of the crime of aggravated murder as defined
   45  in subdivision one of section 125.26 of this chapter OR OF THE CRIME  OF
   46  AGGRAVATED  MURDER OF A CHILD AS DEFINED IN SECTION 125.28 OF THIS CHAP-
   47  TER, the court shall sentence the defendant to life imprisonment without
   48  parole in accordance with subdivision five  of  section  70.00  of  this
   49  title.    When  a  defendant  is  convicted of the crime of terrorism as
   50  defined in section 490.25 of this chapter, and the specified offense the
   51  defendant committed is a class A-I felony offense, or when  a  defendant
   52  is convicted of the crime of criminal possession of a chemical weapon or
   53  biological  weapon  in  the first degree as defined in section 490.45 of
   54  this chapter, or when a defendant is convicted of the crime of  criminal
   55  use  of  a  chemical  weapon or biological weapon in the first degree as
   56  defined in section 490.55 of this chapter, the court shall sentence  the
       S. 5862--A                          3

    1  defendant  to life imprisonment without parole in accordance with subdi-
    2  vision five of section 70.00 of  this  title;  provided,  however,  that
    3  nothing  in  this  section shall preclude or prevent a sentence of death
    4  when  the  defendant  is also convicted of murder in the first degree as
    5  defined in section 125.27 of this chapter. When a defendant is convicted
    6  of aggravated murder as defined in subdivision two of section 125.26  of
    7  this  chapter,  the court shall sentence the defendant to life imprison-
    8  ment without parole or to a term of imprisonment for a class A-I  felony
    9  other than a sentence of life imprisonment without parole, in accordance
   10  with subdivisions one through three of section 70.00 of this title.
   11    S  4.  Subparagraph  (i)  of paragraph (a) of subdivision 3 of section
   12  70.00 of the penal law, as amended by chapter 107 of the laws  of  2006,
   13  is amended to read as follows:
   14    (i) For a class A-I felony, such minimum period shall not be less than
   15  fifteen  years  nor more than twenty-five years; provided, however, that
   16  (A) where a sentence, other than a sentence of death or  life  imprison-
   17  ment  without parole, is imposed upon a defendant convicted of murder in
   18  the first degree as defined in section 125.27 of this chapter such mini-
   19  mum period shall be not less than twenty years nor more than twenty-five
   20  years, and, (B) where a sentence is imposed upon a defendant  [convicted
   21  of murder in the second degree as defined in subdivision five of section
   22  125.25  of this chapter or] convicted of aggravated murder as defined in
   23  section 125.26 of this chapter OR CONVICTED OF AGGRAVATED  MURDER  OF  A
   24  CHILD  AS  DEFINED IN SECTION 125.28 OF THIS CHAPTER, the sentence shall
   25  be life imprisonment without  parole,  and,  (C)  where  a  sentence  is
   26  imposed  upon  a  defendant  convicted  of attempted murder in the first
   27  degree as defined in article one hundred ten of this chapter and subpar-
   28  agraph (i), (ii) or (iii) of paragraph (a) of subdivision one and  para-
   29  graph  (b)  of  subdivision  one  of  section  125.27 of this chapter or
   30  attempted aggravated murder as defined in article  one  hundred  ten  of
   31  this  chapter and section 125.26 of this chapter OR ATTEMPTED AGGRAVATED
   32  MURDER OF A CHILD AS DEFINED IN ARTICLE ONE HUNDRED TEN OF THIS  CHAPTER
   33  AND SECTION 125.28 OF THIS CHAPTER such minimum period shall be not less
   34  than twenty years nor more than forty years.
   35    S  5.  Subdivision  5 of section 70.00 of the penal law, as amended by
   36  chapter 482 of the laws of 2009, is amended to read as follows:
   37    5.  Life  imprisonment  without  parole.  Notwithstanding  any   other
   38  provision  of  law,  a  defendant sentenced to life imprisonment without
   39  parole shall not  be  or  become  eligible  for  parole  or  conditional
   40  release.  For  purposes of commitment and custody, other than parole and
   41  conditional release, such sentence shall be deemed to be  an  indetermi-
   42  nate  sentence.  A defendant may be sentenced to life imprisonment with-
   43  out parole upon conviction for the crime of murder in the  first  degree
   44  as  defined in section 125.27 of this chapter and in accordance with the
   45  procedures provided by law for imposing a sentence  for  such  crime.  A
   46  defendant  must  be  sentenced  to life imprisonment without parole upon
   47  conviction for the crime of terrorism as defined in  section  490.25  of
   48  this  chapter,  where the specified offense the defendant committed is a
   49  class A-I felony; the crime of criminal possession of a chemical  weapon
   50  or biological weapon in the first degree as defined in section 490.45 of
   51  this  chapter;  or  the  crime  of  criminal use of a chemical weapon or
   52  biological weapon in the first degree as defined in  section  490.55  of
   53  this  chapter; provided, however, that nothing in this subdivision shall
   54  preclude or prevent a sentence of  death  when  the  defendant  is  also
   55  convicted  of  the  crime  of  murder  in the first degree as defined in
   56  section 125.27 of this chapter.  A defendant must be sentenced  to  life
       S. 5862--A                          4

    1  imprisonment  without parole upon conviction [for the crime of murder in
    2  the second degree as defined in subdivision five of  section  125.25  of
    3  this chapter or] for the crime of aggravated murder as defined in subdi-
    4  vision  one of section 125.26 of this chapter OR FOR THE CRIME OF AGGRA-
    5  VATED MURDER OF A CHILD AS DEFINED IN SECTION 125.28 OF THIS CHAPTER.  A
    6  defendant may be sentenced to  life  imprisonment  without  parole  upon
    7  conviction  for the crime of aggravated murder as defined in subdivision
    8  two of section 125.26 of this chapter.
    9    S 6. Paragraphs (a), (b) and (c) of subdivision 1 of section 70.02  of
   10  the  penal  law,  paragraph (a) as amended by chapter 320 of the laws of
   11  2006, paragraph (b) as amended by chapter 148 of the laws  of  2011  and
   12  paragraph (c) as amended by chapter 405 of the laws of 2010, are amended
   13  to read as follows:
   14    (a)  Class  B  violent felony offenses: an attempt to commit the class
   15  A-I felonies of murder in  the  second  degree  as  defined  in  section
   16  125.25, kidnapping in the first degree as defined in section 135.25, and
   17  arson  in the first degree as defined in section 150.20; manslaughter in
   18  the first degree as defined in section 125.20,  aggravated  manslaughter
   19  in the first degree as defined in section 125.22, AGGRAVATED MANSLAUGHT-
   20  ER  OF A CHILD AS DEFINED IN SECTION 125.23, rape in the first degree as
   21  defined in section 130.35, criminal sexual act in the  first  degree  as
   22  defined  in  section 130.50, aggravated sexual abuse in the first degree
   23  as defined in section 130.70, course of sexual conduct against  a  child
   24  in  the  first degree as defined in section 130.75; assault in the first
   25  degree as defined in section 120.10, kidnapping in the second degree  as
   26  defined  in  section  135.20, burglary in the first degree as defined in
   27  section 140.30, arson in the second degree as defined in section 150.15,
   28  robbery in the first degree as defined in section 160.15, incest in  the
   29  first  degree  as  defined  in  section 255.27, criminal possession of a
   30  weapon in the first degree as defined in section 265.04, criminal use of
   31  a firearm in the first degree as defined  in  section  265.09,  criminal
   32  sale  of  a  firearm  in  the first degree as defined in section 265.13,
   33  aggravated assault upon a police officer or a peace officer  as  defined
   34  in  section  120.11,  gang  assault  in  the  first degree as defined in
   35  section 120.07, intimidating a victim or witness in the first degree  as
   36  defined  in  section  215.17,  hindering prosecution of terrorism in the
   37  first degree as defined in section  490.35,  criminal  possession  of  a
   38  chemical  weapon or biological weapon in the second degree as defined in
   39  section 490.40, and criminal use of  a  chemical  weapon  or  biological
   40  weapon in the third degree as defined in section 490.47.
   41    (b)  Class  C violent felony offenses: an attempt to commit any of the
   42  class B felonies set forth in paragraph (a) of this subdivision;  aggra-
   43  vated criminally negligent homicide as defined in section 125.11, aggra-
   44  vated  manslaughter  in  the second degree as defined in section 125.21,
   45  aggravated sexual abuse in the  second  degree  as  defined  in  section
   46  130.67, assault on a peace officer, police officer, fireman or emergency
   47  medical services professional as defined in section 120.08, assault on a
   48  judge as defined in section 120.09, gang assault in the second degree as
   49  defined  in  section  120.06,  AGGRAVATED  ABUSE OF A CHILD IN THE FIRST
   50  DEGREE AS DEFINED IN SECTION 120.19-A, strangulation in the first degree
   51  as defined in section 121.13, burglary in the second degree  as  defined
   52  in  section  140.25,  robbery in the second degree as defined in section
   53  160.10, criminal possession of a weapon in the second degree as  defined
   54  in  section  265.03,  criminal  use of a firearm in the second degree as
   55  defined in section 265.08, criminal sale of  a  firearm  in  the  second
   56  degree as defined in section 265.12, criminal sale of a firearm with the
       S. 5862--A                          5

    1  aid  of  a  minor  as defined in section 265.14, soliciting or providing
    2  support for an act of terrorism  in  the  first  degree  as  defined  in
    3  section  490.15, hindering prosecution of terrorism in the second degree
    4  as  defined  in  section  490.30,  and criminal possession of a chemical
    5  weapon or biological weapon in the third degree as  defined  in  section
    6  490.37.
    7    (c)  Class  D violent felony offenses: an attempt to commit any of the
    8  class C felonies set forth in paragraph (b); reckless assault of a child
    9  as defined in section 120.02, assault in the second degree as defined in
   10  section 120.05, AGGRAVATED ABUSE OF A CHILD  IN  THE  SECOND  DEGREE  AS
   11  DEFINED IN SECTION 120.19, menacing a police officer or peace officer as
   12  defined  in  section 120.18, stalking in the first degree, as defined in
   13  subdivision one of section 120.60, strangulation in the second degree as
   14  defined in section 121.12, rape in  the  second  degree  as  defined  in
   15  section  130.30,  criminal sexual act in the second degree as defined in
   16  section 130.45, sexual abuse in the first degree as defined  in  section
   17  130.65, course of sexual conduct against a child in the second degree as
   18  defined  in  section 130.80, aggravated sexual abuse in the third degree
   19  as defined  in  section  130.66,  facilitating  a  sex  offense  with  a
   20  controlled  substance  as defined in section 130.90, criminal possession
   21  of a weapon in the third degree as defined  in  subdivision  five,  six,
   22  seven  or  eight  of  section  265.02, criminal sale of a firearm in the
   23  third degree as defined in section  265.11,  intimidating  a  victim  or
   24  witness in the second degree as defined in section 215.16, soliciting or
   25  providing  support  for  an  act  of  terrorism  in the second degree as
   26  defined in section 490.10, and making a terroristic threat as defined in
   27  section 490.20, falsely reporting an incident in  the  first  degree  as
   28  defined  in  section 240.60, placing a false bomb or hazardous substance
   29  in the first degree as defined in section 240.62, placing a  false  bomb
   30  or hazardous substance in a sports stadium or arena, mass transportation
   31  facility  or  enclosed  shopping  mall as defined in section 240.63, and
   32  aggravated unpermitted use of indoor pyrotechnics in the first degree as
   33  defined in section 405.18.
   34    S 7. Subdivision 1 of section 110.05 of the penal law, as  amended  by
   35  chapter 93 of the laws of 2006, is amended to read as follows:
   36    1.  Class  A-I  felony  when  the crime attempted is the A-I felony of
   37  murder in the first degree, aggravated murder as defined in  subdivision
   38  one  of  section  125.26  of this chapter, AGGRAVATED MURDER OF A CHILD,
   39  criminal possession of a controlled substance in the first degree, crim-
   40  inal sale of a  controlled  substance  in  the  first  degree,  criminal
   41  possession  of  a  chemical  or biological weapon in the first degree or
   42  criminal use of a chemical or biological weapon in the first degree;
   43    S 8. Section 120.01 of the penal law, as added by chapter 600  of  the
   44  laws of 1998, is amended to read as follows:
   45  S 120.01 [Reckless  assault] AGGRAVATED ABUSE of a child [by a child day
   46             care provider] IN THE THIRD DEGREE.
   47    A person is guilty of [reckless assault] AGGRAVATED ABUSE of  a  child
   48  IN THE THIRD DEGREE when, being [a child day care provider or an employ-
   49  ee  thereof] EIGHTEEN YEARS OLD OR MORE, AND BEING A PARENT, GUARDIAN OR
   50  OTHER PERSON LEGALLY CHARGED WITH THE CUSTODY OF, OR LEGALLY RESPONSIBLE
   51  FOR THE CARE OF, A CHILD LESS THAN FOURTEEN YEARS OLD, OR BEING A PERSON
   52  IN A POSITION OF TRUST OF A CHILD LESS THAN FOURTEEN YEARS  OLD,  he  or
   53  she recklessly causes [serious] physical injury to [a] SUCH child [under
   54  the  care  of such provider or employee who is less than eleven years of
   55  age].
       S. 5862--A                          6

    1    [Reckless assault] AGGRAVATED ABUSE of a child [by a  child  day  care
    2  provider] IN THE THIRD DEGREE is a class E felony.
    3    S  9.  The  penal law is amended by adding two new sections 120.19 and
    4  120.19-a to read as follows:
    5  S 120.19 AGGRAVATED ABUSE OF A CHILD IN THE SECOND DEGREE.
    6    A PERSON IS GUILTY OF AGGRAVATED ABUSE OF A CHILD IN THE SECOND DEGREE
    7  WHEN BEING EIGHTEEN YEARS OLD OR MORE, AND BEING A PARENT,  GUARDIAN  OR
    8  OTHER PERSON LEGALLY CHARGED WITH THE CUSTODY OF, OR LEGALLY RESPONSIBLE
    9  FOR THE CARE OF, A CHILD LESS THAN FOURTEEN YEARS OLD, OR BEING A PERSON
   10  IN  A  POSITION  OF TRUST OF A CHILD LESS THAN FOURTEEN YEARS OLD, HE OR
   11  SHE:
   12    1. WITH INTENT TO CAUSE PHYSICAL  INJURY  TO  ANOTHER  PERSON,  CAUSES
   13  PHYSICAL INJURY TO SUCH CHILD; OR
   14    2. RECKLESSLY ENGAGES IN CONDUCT WHICH CREATES A GRAVE RISK OF SERIOUS
   15  PHYSICAL  INJURY OR DEATH TO SUCH CHILD AND THEREBY CAUSES SERIOUS PHYS-
   16  ICAL INJURY TO SUCH CHILD; OR
   17    3. COMMITS THE CRIME OF AGGRAVATED ABUSE  OF  A  CHILD  IN  THE  THIRD
   18  DEGREE  AS  DEFINED IN SECTION 120.01 OF THIS ARTICLE AND PREVIOUSLY HAS
   19  BEEN CONVICTED OF A CHILD ABUSE OFFENSE.
   20    AGGRAVATED ABUSE OF A CHILD IN THE SECOND DEGREE IS A CLASS D FELONY.
   21  S 120.19-A AGGRAVATED ABUSE OF A CHILD IN THE FIRST DEGREE.
   22    A PERSON IS GUILTY OF AGGRAVATED ABUSE OF A CHILD IN THE FIRST  DEGREE
   23  WHEN  BEING  EIGHTEEN YEARS OLD OR MORE, AND BEING A PARENT, GUARDIAN OR
   24  OTHER PERSON LEGALLY CHARGED WITH THE CUSTODY OF, OR LEGALLY RESPONSIBLE
   25  FOR THE CARE OF, A CHILD LESS THAN FOURTEEN YEARS OLD, OR BEING A PERSON
   26  IN A POSITION OF TRUST OF A CHILD LESS THAN FOURTEEN YEARS  OLD,  HE  OR
   27  SHE:
   28    1.  WITH  INTENT  TO  CAUSE SERIOUS PHYSICAL INJURY TO ANOTHER PERSON,
   29  CAUSES SERIOUS PHYSICAL INJURY TO SUCH CHILD; OR
   30    2. RECKLESSLY ENGAGES IN VIOLENT SHAKING OF  SUCH  CHILD  AND  THEREBY
   31  CAUSES SERIOUS PHYSICAL INJURY TO SUCH CHILD AND SUCH CHILD IS LESS THAN
   32  FIVE YEARS OLD; OR
   33    3. RECKLESSLY ENGAGES IN CONDUCT WHICH CREATES A GRAVE RISK OF SERIOUS
   34  PHYSICAL  INJURY OR DEATH TO SUCH CHILD AND THEREBY CAUSES SERIOUS PHYS-
   35  ICAL INJURY TO SUCH CHILD, AND:
   36    (A) HAS PREVIOUSLY BEEN CONVICTED OF A CHILD ABUSE OFFENSE; OR
   37    (B) AS PART OF THE SAME TRANSACTION,  RECKLESSLY  ENGAGES  IN  CONDUCT
   38  WHICH CREATES A GRAVE RISK OF SERIOUS PHYSICAL INJURY OR DEATH TO ANOTH-
   39  ER  CHILD  LESS THAN FOURTEEN YEARS OLD AND THEREBY CAUSES SERIOUS PHYS-
   40  ICAL INJURY TO SUCH OTHER CHILD; OR
   41    (C) CAUSES SUCH INJURY BY  MEANS  OF  A  DEADLY  WEAPON  OR  DANGEROUS
   42  INSTRUMENT; OR
   43    (D)  ON  AT  LEAST  ONE  OTHER OCCASION, RECKLESSLY ENGAGED IN CONDUCT
   44  WHICH CREATED A GRAVE RISK OF SERIOUS PHYSICAL  INJURY  OR  DEATH  TO  A
   45  CHILD  LESS  THAN FOURTEEN YEARS OLD AND THEREBY CAUSED SERIOUS PHYSICAL
   46  INJURY TO SUCH CHILD.
   47    AGGRAVATED ABUSE OF A CHILD IN THE FIRST DEGREE IS A CLASS C FELONY.
   48    S 10. The penal law is amended by adding two new sections  125.23  and
   49  125.28 to read as follows:
   50  S 125.23 AGGRAVATED MANSLAUGHTER OF A CHILD.
   51    A  PERSON  IS GUILTY OF AGGRAVATED MANSLAUGHTER OF A CHILD WHEN, BEING
   52  EIGHTEEN YEARS OLD OR MORE, AND BEING A PARENT, GUARDIAN OR OTHER PERSON
   53  LEGALLY CHARGED WITH THE CUSTODY OF, OR LEGALLY RESPONSIBLE FOR THE CARE
   54  OF, A CHILD LESS THAN FOURTEEN YEARS OLD, OR BEING A PERSON IN  A  POSI-
   55  TION  OF  TRUST OF A CHILD LESS THAN FOURTEEN YEARS OLD, HE OR SHE RECK-
   56  LESSLY ENGAGES IN CONDUCT WHICH CREATES A GRAVE RISK OF SERIOUS PHYSICAL
       S. 5862--A                          7

    1  INJURY OR DEATH TO SUCH CHILD AND  THEREBY  CAUSES  THE  DEATH  OF  SUCH
    2  CHILD.
    3    AGGRAVATED MANSLAUGHTER OF A CHILD IS A CLASS B FELONY.
    4  S 125.28 AGGRAVATED MURDER OF A CHILD.
    5    A PERSON IS GUILTY OF AGGRAVATED MURDER OF A CHILD WHEN:
    6    1.  WITH INTENT TO CAUSE THE DEATH OF A CHILD LESS THAN FOURTEEN YEARS
    7  OLD, AND BEING EIGHTEEN YEARS OLD OR MORE, AND BEING THE PARENT, GUARDI-
    8  AN OR OTHER PERSON LEGALLY CHARGED  WITH  THE  CUSTODY  OF,  OR  LEGALLY
    9  RESPONSIBLE FOR THE CARE OF, SUCH CHILD, OR BEING A PERSON IN A POSITION
   10  OF  TRUST  OF A CHILD LESS THAN FOURTEEN YEARS OLD, HE OR SHE CAUSES THE
   11  DEATH OF SUCH CHILD; OR
   12    2. UNDER CIRCUMSTANCES EVINCING A DEPRAVED INDIFFERENCE TO HUMAN LIFE,
   13  AND BEING EIGHTEEN YEARS OLD OR MORE, AND BEING THE PARENT, GUARDIAN  OR
   14  OTHER PERSON LEGALLY CHARGED WITH THE CUSTODY OF, OR LEGALLY RESPONSIBLE
   15  FOR THE CARE OF, A CHILD LESS THAN FOURTEEN YEARS OLD, OR BEING A PERSON
   16  IN  A  POSITION  OF TRUST OF A CHILD LESS THAN FOURTEEN YEARS OLD, HE OR
   17  SHE RECKLESSLY ENGAGES IN CONDUCT WHICH CREATES A GRAVE RISK OF  SERIOUS
   18  PHYSICAL  INJURY  OR DEATH TO SUCH CHILD AND THEREBY CAUSES THE DEATH OF
   19  SUCH CHILD; OR
   20    3. BEING EIGHTEEN YEARS OLD OR MORE, WHILE IN THE COURSE OF COMMITTING
   21  RAPE IN THE FIRST, SECOND OR THIRD DEGREE, CRIMINAL SEXUAL  ACT  IN  THE
   22  FIRST,  SECOND  OR  THIRD  DEGREE, AGGRAVATED SEXUAL ABUSE IN THE FIRST,
   23  SECOND, THIRD OR FOURTH DEGREE, OR INCEST  AGAINST  A  CHILD  LESS  THAN
   24  FOURTEEN  YEARS  OLD,  HE  OR SHE INTENTIONALLY CAUSES THE DEATH OF SUCH
   25  CHILD.
   26    AGGRAVATED MURDER OF A CHILD IS A CLASS A-I FELONY.
   27    S 11. Subdivision 4 of section 125.25 of the penal law, as amended  by
   28  chapter 459 of the laws of 2004, is amended to read as follows:
   29    4. Under circumstances evincing a depraved indifference to human life,
   30  and being eighteen years old or more the defendant recklessly engages in
   31  conduct  which  creates a grave risk of serious physical injury or death
   32  to another person less than eleven years  old  and  thereby  causes  the
   33  death of such person[; or].
   34    S 12. Subdivision 5 of section 125.25 of the penal law is REPEALED.
   35    S  13.  Subparagraph (ix) of paragraph (a) of subdivision 1 of section
   36  125.27 of the penal law, as added by chapter 1 of the laws of  1995,  is
   37  amended to read as follows:
   38    (ix) prior to committing the killing, the defendant had been convicted
   39  of  murder  as defined in this section or section 125.25 of this article
   40  OR CONVICTED OF AGGRAVATED MURDER OF  A  CHILD  AS  DEFINED  IN  SECTION
   41  125.28 OF THIS ARTICLE, or had been convicted in another jurisdiction of
   42  an  offense  which,  if  committed  in  this  state,  would constitute a
   43  violation of [either of such] THE AFOREMENTIONED sections; or
   44    S 14. The penal law is amended by adding a new section 190.17 to  read
   45  as follows:
   46  S 190.17 OBSTRUCTING THE LOCATION OF A MISSING CHILD.
   47    A  PERSON    IS  GUILTY OF OBSTRUCTING THE LOCATION OF A MISSING CHILD
   48  WHEN HE OR SHE KNOWINGLY PROVIDES FALSE INFORMATION TO  LAW  ENFORCEMENT
   49  OFFICIALS  AS TO THE WHEREABOUTS OF A CHILD LESS THAN FOURTEEN YEARS OLD
   50  WHO HAS BEEN REPORTED MISSING, OR WHOSE WHEREABOUTS HAS BEEN UNKNOWN FOR
   51  MORE THAN TWENTY-FOUR HOURS.
   52    OBSTRUCTING THE LOCATION OF A MISSING CHILD IS A CLASS E FELONY.
   53    S 15. The penal law is amended by adding a new section 190.18 to  read
   54  as follows:
   55  S 190.18 CONCEALMENT OF A DEATH.
       S. 5862--A                          8

    1    A  PERSON IS GUILTY OF CONCEALMENT OF A DEATH WHEN HE OR SHE KNOWINGLY
    2  MOVES OR OTHERWISE CONCEALS A HUMAN CORPSE  SO  THAT  DISCOVERY  OF  THE
    3  DEATH OF SUCH PERSON WILL BE HINDERED.
    4    CONCEALMENT OF A DEATH IS A CLASS D FELONY.
    5    S  16. The penal law is amended by adding a new section 260.09 to read
    6  as follows:
    7  S 260.09 AGGRAVATED ENDANGERING THE WELFARE OF A CHILD.
    8    A PERSON IS GUILTY OF AGGRAVATED ENDANGERING THE WELFARE  OF  A  CHILD
    9  WHEN,  BEING EIGHTEEN YEARS OLD OR MORE, AND BEING A PARENT, GUARDIAN OR
   10  OTHER PERSON LEGALLY CHARGED WITH THE CUSTODY OF, OR LEGALLY RESPONSIBLE
   11  FOR THE CARE OF, A CHILD LESS THAN FOURTEEN YEARS OLD, OR BEING A PERSON
   12  IN A POSITION OF TRUST OF A CHILD LESS THEN FOURTEEN YEARS  OLD,  HE  OR
   13  SHE  KNOWINGLY  ACTS IN A MANNER LIKELY TO BE INJURIOUS TO THE PHYSICAL,
   14  MENTAL OR MORAL WELFARE OF SUCH CHILD, AND:
   15    1. PREVIOUSLY HAS BEEN CONVICTED OF A CHILD ABUSE OFFENSE; OR
   16    2. SUCH CONDUCT CONSISTS OF TWO OR MORE ACTS OF CRUELTY  AGAINST  SUCH
   17  CHILD.  FOR  PURPOSES OF THIS SUBDIVISION, "CRUELTY" MEANS CONDUCT WHICH
   18  (A) CAUSES EXTREME PHYSICAL PAIN, OR (B) WHICH  IS  CARRIED  OUT  IN  AN
   19  ESPECIALLY VICIOUS OR SADISTIC MANNER; OR
   20    3.  SUCH CONDUCT CONSISTS OF FAILING TO REPORT TO LAW ENFORCEMENT WHEN
   21  THE WHEREABOUTS OF SUCH CHILD HAS BEEN UNKNOWN BY SUCH PERSON  FOR  MORE
   22  THAN  TWENTY-FOUR  HOURS.  FOR  THE  PURPOSES OF THIS SECTION, A PARENT,
   23  GUARDIAN OR OTHER PERSON LEGALLY CHARGED WITH THE CUSTODY OF, OR LEGALLY
   24  RESPONSIBLE FOR THE CARE OF A CHILD UNDER THE AGE OF ELEVEN IS DEEMED TO
   25  BE ACTING IN A MANNER LIKELY TO BE INJURIOUS TO THE PHYSICAL, MENTAL  OR
   26  MORAL  WELFARE  OF  SUCH CHILD IF SUCH CHILD'S WHEREABOUTS IS UNKNOWN BY
   27  SUCH PERSON FOR MORE THAN TWENTY-FOUR HOURS.
   28    AGGRAVATED ENDANGERING THE WELFARE OF A CHILD IS A CLASS E FELONY.
   29    S 17. Paragraph (a) of subdivision 3 of section 30.30 of the  criminal
   30  procedure  law, as amended by chapter 93 of the laws of 2006, is amended
   31  to read as follows:
   32    (a) Subdivisions one and two do not apply to a criminal action wherein
   33  the defendant is accused of  an  offense  defined  in  sections  125.10,
   34  125.15,  125.20,  125.25,  125.26  [and], 125.27 AND 125.28 of the penal
   35  law.
   36    S 18. Subdivision 1 of section 180.85 of the criminal  procedure  law,
   37  as  amended  by  chapter  93  of the laws of 2006, is amended to read as
   38  follows:
   39    1. After arraignment of a defendant upon  a  felony  complaint,  other
   40  than  a  felony complaint charging an offense defined in section 125.10,
   41  125.15, 125.20, 125.23, 125.25, 125.26 [or], 125.27  OR  125.28  of  the
   42  penal  law,  either  party or the local criminal court or superior court
   43  before which the action is pending, on  its  own  motion,  may  move  in
   44  accordance  with the provisions of this section for an order terminating
   45  prosecution of the charges contained in such felony complaint on consent
   46  of the parties.
   47    S 19. Paragraph (h) of subdivision 3 of section 190.25 of the criminal
   48  procedure law, as amended by chapter 405 of the laws of 2010, is amended
   49  to read as follows:
   50    (h) A social worker, rape  crisis  counselor,  psychologist  or  other
   51  professional providing emotional support to a child witness twelve years
   52  old or younger who is called to give evidence in a grand jury proceeding
   53  concerning  a  crime  defined in article one hundred twenty-one, article
   54  one hundred thirty, article two hundred sixty, section  120.01,  120.10,
   55  120.19,  120.19-A,  125.10,  125.15,  125.20,  125.23,  125.25,  125.26,
   56  125.27, 125.28, 255.25, 255.26 [or], 255.27 OR 260.09 of the  penal  law
       S. 5862--A                          9

    1  provided  that the district attorney consents. Such support person shall
    2  not provide the witness with an answer  to  any  question  or  otherwise
    3  participate  in  such proceeding and shall first take an oath before the
    4  grand jury that he or she will keep secret all matters before such grand
    5  jury within his or her knowledge.
    6    S 20. Paragraph (b) of subdivision 8 of section 700.05 of the criminal
    7  procedure law, as amended by chapter 405 of the laws of 2010, is amended
    8  to read as follows:
    9    (b)  Any  of  the  following felonies: assault in the second degree as
   10  defined in section 120.05 of the penal law, AGGRAVATED ABUSE OF A  CHILD
   11  IN  THE  THIRD  DEGREE  AS  DEFINED  IN SECTION 120.01 OF THE PENAL LAW,
   12  AGGRAVATED ABUSE OF A CHILD IN THE SECOND DEGREE AS DEFINED  IN  SECTION
   13  120.19 OF THE PENAL LAW, AGGRAVATED ABUSE OF A CHILD IN THE FIRST DEGREE
   14  AS  DEFINED  IN  SECTION 120.19-A OF THE PENAL LAW, assault in the first
   15  degree as defined in section 120.10 of the penal law, reckless endanger-
   16  ment in the first degree as defined in section 120.25 of the penal  law,
   17  promoting  a  suicide  attempt as defined in section 120.30 of the penal
   18  law, strangulation in the second degree as defined in section 121.12  of
   19  the  penal  law, strangulation in the first degree as defined in section
   20  121.13 of the penal law, criminally negligent  homicide  as  defined  in
   21  section  125.10  of  the penal law, manslaughter in the second degree as
   22  defined in section 125.15 of the penal law, manslaughter  in  the  first
   23  degree  as  defined  in  section  125.20  of  the  penal law, AGGRAVATED
   24  MANSLAUGHTER OF A CHILD AS DEFINED IN SECTION 125.23 OF THE  PENAL  LAW,
   25  murder  in  the  second degree as defined in section 125.25 of the penal
   26  law, murder in the first degree as defined  in  section  125.27  of  the
   27  penal  law, AGGRAVATED MURDER OF A CHILD AS DEFINED IN SECTION 125.28 OF
   28  THE PENAL LAW, abortion in the  second  degree  as  defined  in  section
   29  125.40  of  the  penal  law,  abortion in the first degree as defined in
   30  section 125.45 of the penal law, rape in the third degree as defined  in
   31  section 130.25 of the penal law, rape in the second degree as defined in
   32  section  130.30 of the penal law, rape in the first degree as defined in
   33  section 130.35 of the penal law, criminal sexual act in the third degree
   34  as defined in section 130.40 of the penal law, criminal  sexual  act  in
   35  the  second degree as defined in section 130.45 of the penal law, crimi-
   36  nal sexual act in the first degree as defined in section 130.50  of  the
   37  penal law, sexual abuse in the first degree as defined in section 130.65
   38  of  the  penal law, unlawful imprisonment in the first degree as defined
   39  in section 135.10 of the penal law, kidnapping in the second  degree  as
   40  defined  in  section  135.20  of  the penal law, kidnapping in the first
   41  degree as defined in section 135.25 of the penal law, labor  trafficking
   42  as defined in section 135.35 of the penal law, custodial interference in
   43  the first degree as defined in section 135.50 of the penal law, coercion
   44  in the first degree as defined in section 135.65 of the penal law, crim-
   45  inal  trespass  in  the first degree as defined in section 140.17 of the
   46  penal law, burglary in the third degree as defined in section 140.20  of
   47  the  penal  law,  burglary  in  the  second degree as defined in section
   48  140.25 of the penal law, burglary in the  first  degree  as  defined  in
   49  section  140.30  of the penal law, criminal mischief in the third degree
   50  as defined in section 145.05 of the penal law, criminal mischief in  the
   51  second  degree  as  defined in section 145.10 of the penal law, criminal
   52  mischief in the first degree as defined in section 145.12 of  the  penal
   53  law, criminal tampering in the first degree as defined in section 145.20
   54  of  the  penal  law,  arson  in  the fourth degree as defined in section
   55  150.05 of the penal law, arson in the third degree as defined in section
   56  150.10 of the penal law, arson  in  the  second  degree  as  defined  in
       S. 5862--A                         10

    1  section 150.15 of the penal law, arson in the first degree as defined in
    2  section  150.20  of the penal law, grand larceny in the fourth degree as
    3  defined in section 155.30 of the penal law, grand larceny in  the  third
    4  degree  as  defined in section 155.35 of the penal law, grand larceny in
    5  the second degree as defined in section 155.40 of the penal  law,  grand
    6  larceny  in  the  first degree as defined in section 155.42 of the penal
    7  law, health care fraud in the fourth degree as defined in section 177.10
    8  of the penal law, health care fraud in the third degree  as  defined  in
    9  section  177.15 of the penal law, health care fraud in the second degree
   10  as defined in section 177.20 of the penal law, health care fraud in  the
   11  first  degree  as defined in section 177.25 of the penal law, robbery in
   12  the third degree as defined in section 160.05 of the penal law,  robbery
   13  in  the  second  degree  as  defined in section 160.10 of the penal law,
   14  robbery in the first degree as defined in section 160.15  of  the  penal
   15  law,  unlawful  use  of secret scientific material as defined in section
   16  165.07 of the penal law, criminal possession of stolen property  in  the
   17  fourth  degree  as  defined in section 165.45 of the penal law, criminal
   18  possession of stolen property in the third degree as defined in  section
   19  165.50  of  the penal law, criminal possession of stolen property in the
   20  second degree as defined by section 165.52 of the  penal  law,  criminal
   21  possession  of stolen property in the first degree as defined by section
   22  165.54 of the penal law, trademark counterfeiting in the  second  degree
   23  as  defined in section 165.72 of the penal law, trademark counterfeiting
   24  in the first degree as defined in  section  165.73  of  the  penal  law,
   25  forgery  in  the second degree as defined in section 170.10 of the penal
   26  law, forgery in the first degree as defined in  section  170.15  of  the
   27  penal  law,  criminal  possession  of  a forged instrument in the second
   28  degree  as  defined  in  section  170.25  of  the  penal  law,  criminal
   29  possession  of  a  forged  instrument  in the first degree as defined in
   30  section 170.30 of the penal law, criminal possession of forgery  devices
   31  as  defined  in  section  170.40  of  the penal law, falsifying business
   32  records in the first degree as defined in section 175.10  of  the  penal
   33  law,  tampering  with  public  records in the first degree as defined in
   34  section 175.25 of the penal law, offering a false instrument for  filing
   35  in the first degree as defined in section 175.35 of the penal law, issu-
   36  ing  a  false certificate as defined in section 175.40 of the penal law,
   37  criminal diversion of prescription medications and prescriptions in  the
   38  second  degree  as  defined in section 178.20 of the penal law, criminal
   39  diversion of prescription medications and  prescriptions  in  the  first
   40  degree  as defined in section 178.25 of the penal law, residential mort-
   41  gage fraud in the fourth degree as defined  in  section  187.10  of  the
   42  penal  law, residential mortgage fraud in the third degree as defined in
   43  section 187.15 of the penal  law,  residential  mortgage  fraud  in  the
   44  second degree as defined in section 187.20 of the penal law, residential
   45  mortgage  fraud  in the first degree as defined in section 187.25 of the
   46  penal law, escape in the second degree as defined in section  205.10  of
   47  the  penal  law, escape in the first degree as defined in section 205.15
   48  of the penal law, absconding from temporary release in the first  degree
   49  as  defined in section 205.17 of the penal law, promoting prison contra-
   50  band in the first degree as defined in section 205.25 of the penal  law,
   51  hindering  prosecution in the second degree as defined in section 205.60
   52  of the penal law, hindering prosecution in the first degree  as  defined
   53  in  section  205.65  of  the  penal  law,  sex trafficking as defined in
   54  section 230.34 of the penal law, criminal possession of a weapon in  the
   55  third  degree  as defined in subdivisions two, three and five of section
   56  265.02 of the penal law, criminal possession of a weapon in  the  second
       S. 5862--A                         11

    1  degree  as  defined  in  section  265.03  of  the  penal  law,  criminal
    2  possession of a weapon in the first degree as defined in section  265.04
    3  of  the penal law, manufacture, transport, disposition and defacement of
    4  weapons  and dangerous instruments and appliances defined as felonies in
    5  subdivisions one, two, and three of section 265.10  of  the  penal  law,
    6  sections  265.11,  265.12 and 265.13 of the penal law, or prohibited use
    7  of weapons as defined in subdivision two of section 265.35 of the  penal
    8  law,  relating  to  firearms  and other dangerous weapons, or failure to
    9  disclose the origin of a recording in the first  degree  as  defined  in
   10  section 275.40 of the penal law;
   11    S  21. Paragraph (a) of subdivision 4 of section 509-cc of the vehicle
   12  and traffic law, as amended by chapter 400  of  the  laws  of  2011,  is
   13  amended to read as follows:
   14    (a)  The offenses referred to in subparagraph (ii) of paragraph (a) of
   15  subdivision one and paragraph (a) of subdivision  two  of  this  section
   16  that  result  in  permanent  disqualification shall include a conviction
   17  under sections 125.12, 125.13, 125.14, 125.15, 125.20,  125.21,  125.22,
   18  125.25,  125.26, 125.27, 130.30, 130.35, 130.45, 130.50, 130.65, 130.66,
   19  130.67, 130.70, 130.75, 130.80, 130.90, 130.95, 130.96, 135.25,  150.20,
   20  230.30,  230.32,  230.34, 235.22, 263.05, 263.10, 263.11, 263.15, 263.16
   21  of the penal law or an attempt to commit any of the  aforesaid  offenses
   22  under  section  110.00  of  the  penal  law, OR A CHILD ABUSE OFFENSE AS
   23  DEFINED IN SUBDIVISION TWENTY-TWO OF SECTION 10.00 OF THE PENAL LAW,  or
   24  any  offenses  committed  under  a former section of the penal law which
   25  would constitute violations of the aforesaid sections of the penal  law,
   26  or  any  offenses  committed  outside  this state which would constitute
   27  violations of the aforesaid sections of the penal law.
   28    S 22. Section 4-1.6 of the estates, powers and trusts law, as added by
   29  chapter 481 of the laws of 1994, is amended to read as follows:
   30  S 4-1.6 Disqualification of joint tenant in certain instances
   31    Notwithstanding any other provision of law to the  contrary,  a  joint
   32  tenant  convicted  of  murder in the second degree as defined in section
   33  125.25 of the penal law or murder in the  first  degree  as  defined  in
   34  section  125.27  of  the  penal  law  OR AGGRAVATED MURDER OF A CHILD AS
   35  DEFINED IN SECTION 125.28 OF THE PENAL LAW of another joint tenant shall
   36  not be entitled to the distribution  of  any  monies  in  a  joint  bank
   37  account  created  or contributed to by the deceased joint tenant, except
   38  for those monies contributed by the convicted joint tenant.
   39    Upon the conviction of such joint tenant of  first  or  second  degree
   40  murder  and  upon application by the prosecuting attorney, the court, as
   41  part of its sentence, shall issue an order directing the amount  of  any
   42  joint  bank account to be distributed pursuant to the provisions of this
   43  section from the convicted  joint  tenant  and  to  the  deceased  joint
   44  tenant's  estate. The court and the prosecuting attorney shall each have
   45  the power to subpoena records of a banking institution to determine  the
   46  amount of money in such bank account and by whom deposits were made. The
   47  court  shall also have the power to freeze such account upon application
   48  by the prosecuting attorney during the pendency of a trial for first  or
   49  second degree murder. If, upon receipt of such court orders described in
   50  this  section,  the  banking  institution  holding  monies in such joint
   51  account complies with the terms of the order, such  banking  institution
   52  shall be held free from all liability for the distribution of such funds
   53  as  were in such joint account. In the absence of actual or constructive
   54  notice of such order, the banking institution  holding  monies  in  such
   55  account  shall  be held harmless for distributing the money according to
   56  its ordinary course of business.
       S. 5862--A                         12

    1    For purposes of this section, the term banking institution shall  have
    2  the  same  meaning as provided for in paragraph (b) of subdivision three
    3  of section nine-f of the banking law.
    4    S  23.  Paragraphs  (a) and (d) of subdivision 7 of section 995 of the
    5  executive law, paragraph (a) as separately amended by chapters 2 and 320
    6  of the laws of 2006 and paragraph (d) as amended by  chapter  2  of  the
    7  laws of 2006, are amended to read as follows:
    8    (a) sections 120.05, 120.10, and 120.11, relating to assault; sections
    9  125.15  through  [125.27]  125.28 relating to homicide; sections 130.25,
   10  130.30, 130.35, 130.40,  130.45,  130.50,  130.65,  130.67  and  130.70,
   11  relating  to  sex  offenses; sections 205.10, 205.15, 205.17 and 205.19,
   12  relating to escape and other  offenses,  where  the  offender  has  been
   13  convicted  within  the  previous five years of one of the other felonies
   14  specified in this subdivision; or sections 255.25,  255.26  and  255.27,
   15  relating  to  incest, a violent felony offense as defined in subdivision
   16  one of section 70.02 of the penal law, attempted  murder  in  the  first
   17  degree,  as  defined  in  section 110.00 and section 125.27 of the penal
   18  law, kidnapping in the first degree, as defined in section 135.25 of the
   19  penal law, arson in the first degree, as defined in  section  150.20  of
   20  the  penal  law,  burglary  in  the  third degree, as defined in section
   21  140.20 of the penal law, attempted burglary  in  the  third  degree,  as
   22  defined  in section 110.00 and section 140.20 of the penal law, a felony
   23  defined in article four hundred ninety of  the  penal  law  relating  to
   24  terrorism  or  any  attempt to commit an offense defined in such article
   25  relating to terrorism which is a felony; or
   26    (d) any of the following felonies, or an attempt  thereof  where  such
   27  attempt is a felony offense:
   28    AGGRAVATED ABUSE OF A CHILD IN THE THIRD DEGREE, AS DEFINED IN SECTION
   29  120.01  OF  THE  PENAL  LAW;  AGGRAVATED  ABUSE OF A CHILD IN THE SECOND
   30  DEGREE, AS DEFINED IN SECTION 120.19 OF THE PENAL LAW; AGGRAVATED  ABUSE
   31  OF  A  CHILD  IN THE FIRST DEGREE, AS DEFINED IN SECTION 120.19-A OF THE
   32  PENAL LAW; aggravated assault upon a person less than eleven years  old,
   33  as  defined  in  section  120.12 of the penal law; menacing in the first
   34  degree, as defined in section 120.13 of the penal law;  reckless  endan-
   35  germent  in  the first degree, as defined in section 120.25 of the penal
   36  law; stalking in the second degree, as defined in section 120.55 of  the
   37  penal  law;  criminally negligent homicide, as defined in section 125.10
   38  of the penal law;  vehicular  manslaughter  in  the  second  degree,  as
   39  defined  in  section  125.12 of the penal law; vehicular manslaughter in
   40  the first degree, as  defined  in  section  125.13  of  the  penal  law;
   41  persistent  sexual abuse, as defined in section 130.53 of the penal law;
   42  aggravated sexual abuse in the fourth  degree,  as  defined  in  section
   43  130.65-a  of  the  penal  law;  female genital mutilation, as defined in
   44  section 130.85 of the penal law;  facilitating  a  sex  offense  with  a
   45  controlled  substance,  as  defined  in section 130.90 of the penal law;
   46  unlawful imprisonment in the first degree, as defined in section  135.10
   47  of the penal law; custodial interference in the first degree, as defined
   48  in  section  135.50  of  the  penal  law; criminal trespass in the first
   49  degree, as defined in section 140.17 of the penal law; criminal  tamper-
   50  ing  in the first degree, as defined in section 145.20 of the penal law;
   51  tampering with a consumer product in the first  degree,  as  defined  in
   52  section  145.45 of the penal law; robbery in the third degree as defined
   53  in section 160.05 of the penal law; identity theft in the second degree,
   54  as defined in section 190.79 of the penal law;  identity  theft  in  the
   55  first  degree,  as defined in section 190.80 of the penal law; promoting
   56  prison contraband in the first degree, as defined in section  205.25  of
       S. 5862--A                         13

    1  the  penal law; tampering with a witness in the third degree, as defined
    2  in section 215.11 of the penal law; tampering  with  a  witness  in  the
    3  second  degree, as defined in section 215.12 of the penal law; tampering
    4  with  a witness in the first degree, as defined in section 215.13 of the
    5  penal law; criminal contempt in the first degree, as defined in subdivi-
    6  sions (b), (c) and (d) of section 215.51 of the  penal  law;  aggravated
    7  criminal  contempt,  as defined in section 215.52 of the penal law; bail
    8  jumping in the second degree, as defined in section 215.56 of the  penal
    9  law;  bail  jumping in the first degree, as defined in section 215.57 of
   10  the penal law; patronizing a prostitute in the second degree, as defined
   11  in section 230.05 of the penal law;  patronizing  a  prostitute  in  the
   12  first  degree,  as defined in section 230.06 of the penal law; promoting
   13  prostitution in the second degree, as defined in section 230.30  of  the
   14  penal  law;  promoting  prostitution  in the first degree, as defined in
   15  section 230.32 of the penal law; compelling prostitution, as defined  in
   16  section  230.33  of  the  penal law; disseminating indecent materials to
   17  minors in the second degree, as defined in section 235.21 of  the  penal
   18  law;  disseminating indecent materials to minors in the first degree, as
   19  defined in section 235.22 of the penal law; riot in the first degree, as
   20  defined in section 240.06 of the penal law; criminal anarchy, as defined
   21  in section 240.15 of the penal law; aggravated harassment of an employee
   22  by an inmate, as defined in section 240.32 of the  penal  law;  unlawful
   23  surveillance  in  the second degree, as defined in section 250.45 of the
   24  penal law; unlawful surveillance in the  first  degree,  as  defined  in
   25  section 250.50 of the penal law; AGGRAVATED ENDANGERING THE WELFARE OF A
   26  CHILD,  AS  DEFINED  IN SECTION 260.09 OF THE PENAL LAW; endangering the
   27  welfare of a vulnerable elderly person in the second degree, as  defined
   28  in section 260.32 of the penal law; endangering the welfare of a vulner-
   29  able elderly person in the first degree, as defined in section 260.34 of
   30  the  penal  law;  use  of a child in a sexual performance, as defined in
   31  section 263.05 of the penal law; promoting an obscene sexual performance
   32  by a child, as defined in section 263.10 of the penal law; possessing an
   33  obscene sexual performance by a child, as defined in section  263.11  of
   34  the  penal law; promoting a sexual performance by a child, as defined in
   35  section 263.15 of the penal law; possessing a sexual  performance  by  a
   36  child,  as  defined  in  section  263.16  of  the  penal  law;  criminal
   37  possession of a weapon in the third degree, as defined in section 265.02
   38  of the penal law; criminal sale of a firearm in  the  third  degree,  as
   39  defined  in  section 265.11 of the penal law; criminal sale of a firearm
   40  to a minor, as defined in section 265.16  of  the  penal  law;  unlawful
   41  wearing  of  a body vest, as defined in section 270.20 of the penal law;
   42  hate crimes as defined in section 485.05 of the penal law; and crime  of
   43  terrorism, as defined in section 490.25 of the penal law;
   44    S  24.  Subparagraph  2  of  paragraph (b) of subdivision 3 of section
   45  358-a of the social services law, as added by chapter 7 of the  laws  of
   46  1999, is amended to read as follows:
   47    (2)  the  parent  of  such  child has been convicted of (i) AGGRAVATED
   48  MANSLAUGHTER OF A CHILD AS  DEFINED  IN  SECTION  125.23  OR  AGGRAVATED
   49  MURDER  OF  A  CHILD AS DEFINED IN SECTION 125.28 OR murder in the first
   50  degree as defined in section 125.27 or murder in the  second  degree  as
   51  defined  in  section  125.25 of the penal law and the victim was another
   52  child of the parent; or (ii) manslaughter in the first degree as defined
   53  in section 125.20 or manslaughter in the second  degree  as  defined  in
   54  section  125.15 of the penal law and the victim was another child of the
   55  parent, provided, however, that the parent must have  acted  voluntarily
   56  in committing such crime;
       S. 5862--A                         14

    1    S 25. Clause (A) of subparagraph (iii) of paragraph (a) of subdivision
    2  8 of section 384-b of the social services law, as amended by chapter 460
    3  of the laws of 2006, is amended to read as follows:
    4    (A)  the  parent  of  such  child  has  been  convicted  of AGGRAVATED
    5  MANSLAUGHTER OF A CHILD AS DEFINED IN SECTION 125.23, AGGRAVATED  MURDER
    6  OF  A  CHILD AS DEFINED IN SECTION 125.28, murder in the first degree as
    7  defined in section 125.27, murder in the second  degree  as  defined  in
    8  section  125.25,  manslaughter in the first degree as defined in section
    9  125.20, or manslaughter in the  second  degree  as  defined  in  section
   10  125.15, and the victim of any such crime was another child of the parent
   11  or  another  child  for  whose  care  such parent is or has been legally
   12  responsible as defined in subdivision (g) of section one thousand twelve
   13  of the family court act, or another parent  of  the  child,  unless  the
   14  convicted parent was a victim of physical, sexual or psychological abuse
   15  by  the decedent parent and such abuse was a factor in causing the homi-
   16  cide; or has been convicted of an attempt to commit any of the foregoing
   17  crimes, and the victim or intended victim was the child or another child
   18  of the parent or another child for whose care such parent is or has been
   19  legally responsible as defined in subdivision (g) of section  one  thou-
   20  sand  twelve  of  the  family court act, or another parent of the child,
   21  unless the convicted parent was a victim of physical, sexual or  psycho-
   22  logical  abuse  by  the  decedent  parent and such abuse was a factor in
   23  causing the attempted homicide;
   24    S 26. This act shall take effect on the sixtieth day  after  it  shall
   25  have  become  a law; provided however that if chapter 400 of the laws of
   26  2011 shall not have taken effect on or before  such  date  then  section
   27  twenty-one  of  this  act  shall take effect on the same date and in the
   28  same manner as such chapter of the laws of 2011 takes effect.
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