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Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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| Jun 25, 2010 |
referred to codes delivered to assembly passed senate ordered to third reading cal.1240 committee discharged and committed to rules |
| May 04, 2010 |
referred to codes |
Senate Bill S7705
2009-2010 Legislative Session
Enacts the child protection act of 2010; repealer
download bill text pdfSponsored By
(D, WF) Senate District
Archive: Last Bill Status - In Assembly Committee
- Introduced
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- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
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Floor Vote: Jun 25, 2010
aye (60)- Adams
- Addabbo Jr.
- Alesi
- Aubertine
- Bonacic
- Breslin
- DeFrancisco
- Diaz
- Dilan
- Duane
- Espada
- Farley
- Flanagan
- Foley
- Fuschillo
- Golden
- Griffo
- Hannon
- Hassell-Thompson
- Huntley
- Johnson
- Johnson
- Klein
- Krueger
- Kruger
- LaValle
- Lanza
- Leibell
- Libous
- Little
- Marcellino
- Maziarz
- McDonald
- Montgomery
- Nozzolio
- Onorato
- Oppenheimer
- Padavan
- Parker
- Peralta
- Perkins
- Ranzenhofer
- Robach
- Saland
- Sampson
- Savino
- Schneiderman
- Serrano
- Seward
- Skelos
- Smith
- Squadron
- Stachowski
- Stavisky
- Stewart-Cousins
- Thompson
- Valesky
- Volker
- Winner
- Young
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Jun 25, 2010 - Rules Committee Vote
S770519Aye0Nay2Aye with Reservations1Absent1Excused0Abstained -
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co-Sponsors
(D, WF) Senate District
(D) 15th Senate District
(D, WF) 46th Senate District
(D) Senate District
(D) Senate District
(D) Senate District
(R, C, IP) Senate District
(D, WF) Senate District
(R, C, IP) Senate District
(D) Senate District
(D) Senate District
(D, WF) 28th Senate District
(D) Senate District
(R, C, IP, RFM) 24th Senate District
(R) Senate District
(R, C, IP) Senate District
(R) Senate District
(D) Senate District
(D, WF) Senate District
(R, C, IP) Senate District
(D, WF) 21st Senate District
(D, WF) Senate District
(D, WF) Senate District
(R, C, IP) Senate District
(R, C, IP) Senate District
(D, WF) Senate District
(D, IP) Senate District
(D, WF) Senate District
(D) Senate District
(D) 11th Senate District
(D, WF) 35th Senate District
(D, IP) Senate District
(R, C, IP) Senate District
2009-S7705 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A11035
- Current Committee:
- Assembly Codes
- Law Section:
- Penal Law
- Laws Affected:
- Rpld §125.25 sub 5, amd Pen L, generally; amd §§30.30, 180.85, 190.25 & 700.05, CP L; amd §509-cc, V & T L; amd §4-1.6, EPT L; amd §995, Exec L; amd §§358-a & 384-b, Soc Serv L
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
S3285, A6776
2013-2014: S3535
2015-2016: S2628
2017-2018: S5425
2019-2020: S2573
2009-S7705 (ACTIVE) - Summary
Enacts the child protection act of 2010; establishes the class A-I felony of aggravated murder of a child for which the sentence shall be life imprisonment without parole; aggravated murder of a child shall include intentional killing of a person under 14 while in the course of committing rape, criminal sexual acts, aggravated sexual abuse or incest against such child, or the depraved indifference or intentional killing of a person under 14 while being legally responsible for the care of such child; repeals provisions of murder in the second degree which mirror certain provisions of aggravated murder of a child
2009-S7705 (ACTIVE) - Sponsor Memo
BILL NUMBER: S7705
TITLE OF BILL :
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,
aggravated abuse of a child in the first degree, aggravated
manslaughter of a child, aggravated endangering the welfare of a
child, and aggravated manslaughter of a child; 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
SUMMARY OF PROVISIONS :
Section 1 - enacts "The Child Protection Act of 2010."
Section 2 defines terms "person in a position of trust" and "child
abuse offense."
Sections 3, 4 and 5 amend provisions of current law to require a
sentence of life without parole for persons convicted of the new crime
of aggravated murder of a child.
Section 6 provides that the new crime of aggravated manslaughter of a child is a class B violent felony offense; the new crime of aggravated abuse of a child 1st degree is a class C violent felony offense; and the new crime of aggravated abuse of a child 2nd degree is a class D violent felony offense. Section 7 provides that an attempt to commit the new class A-I felony of aggravated murder of a child is also a class A-I felony. Section 8 renames the crime reckless assault of a child by a child day care provider to aggravated abuse of a child in the third degree. This E felony, which formerly only applied to day care providers, now would apply to a parent, guardian or person in a position of trust who recklessly causes physical injury to a child under age 14. Section 9 defines a new class D violent felony of aggravated abuse of a child in the second degree and a new class C violent felony of aggravated abuse of a child in the first degree. Section 10 defines a new class B violent felony offense of aggravated manslaughter of a child, and a new class A-I felony offense of aggravated murder of a child. Sections 11, 12 and 13 make changes to existing provisions of law to conform these existing laws to reflect the changes made by this bill. Section 14 defines the new class E felony offense of aggravated endangering the welfare of a child. Section 15 provides that speedy trial requirements set forth in the current law do not apply to a prosecution for aggravated murder of a child. Section 16 amends provisions of current law to provide that a prosecution for aggravated murder of a child or aggravated manslaughter of a child cannot be terminated upon the consent of the parties. Section 17 provides that a child witness called to testify before the grand jury may be accompanied by a social worker, psychologist, or other professional to provide emotional support when giving testimony regarding a charge of aggravated murder of a child, aggravated manslaughter of a child, aggravated abuse of a child in the first, second or third degree or aggravated endangering the welfare of a child. Section 18 amends provisions of law authorizing eavesdropping warrant to be issued to allow eavesdropping warranting investigations involving the crimes of aggravated abuse of a child in the 1st, 2nd or 3rd degrees, aggravated murder of a child, aggravated manslaughter of a child or aggravated endangering the welfare of a child. Section 19 of the bill amends the provisions of the vehicle and traffic law to include persons convicted of a child abuse offense in provisions of current law disqualifying a person upon conviction of certain crimes from receiving a license to operate a bus. Section 20 of the bill amends provisions of current law to prohibit a person convicted of aggravated murder of a child from inheriting property from the murdered child victim of his or her estate. Section 21 of the bill provides that a person convicted of the new crimes of aggravated murder of a child, aggravated manslaughter of a child, aggravated abuse of a child in the first, second or third degree or aggravated endangering the welfare of a child must give a DNA sample for inclusion in the DNA database. Sections 22 and 23 of the bill provide that a parent convicted of the new crime of aggravated murder of a child or aggravated manslaughter of a child shall be disqualified in certain parental tights proceedings. Section 24 is the effective date. JUSTIFICATION : Serious forms of child abuse are not adequately covered by existing laws. What is more, many existing statutes are so overly complicated as to be practically useless, or carry such disproportionately low punishments as to permit serious child abuse to have essentially no meaningful consequences. Current misdemeanors and nonviolent felonies with probationary sentences do not do enough to save and protect children from cruel and repeated maltreatment. The Child Protection Act of 2010 fixes these problems in a measured, concise way that respects the existing statutory scheme. The Act would: Create a felony child endangering statute to protect children from especially cruel and sadistic conduct, much as we have done to protect animals through our Agricultural and Markets Law. Under current law, unless physical injury results, the infliction on children of sadistic, painful, dangerous punishments can typically be charged only as misdemeanors. Yet, prosecutors throughout the state frequently are presented with cases in which this type of chilling abuse is visited by care givers upon the children they are meant to protect. Real life cases of such torture include caregivers forcing children to: kneel on rice or piles of pencils for hours; stand outside for hours on winter nights wearing only underpants; regularly gargle with and drink Tabasco sauce; remain locked in closets or in cabinets or chained to radiators for hours on end; hang out of upper-story windows while being held by the ankles. As accounts of the heartbreaking life and tragic death of seven-year-old Nixzmary Brown came to light in 2006, for example, it was revealed she had suffered numerous forms of such punishment prior to her murder, including being forced to regularly defecate and urinate in a litter box, being submerged repeatedly in a tub filled with ice-cold water, and being duct-taped and bound to furniture for hours at a time. These forms of child abuse are shocking when encountered and fall far beyond the scope of what constitutes acceptable treatment of a child. This Act would provide enhanced protection for children from these types of cruel and sadistic abuse. Create statutes to protect children from serious reckless abuse. This would close loopholes in the law which currently limit penalties for some extreme acts of abuse to misdemeanors or make available only outdated, indecipherable, complicated statutes that in recent years courts have made essentially unavailable to prosecutors. The existing statutes are not written to take into account the reality of how serious child abuse is often inflicted: recklessly and violently, but without specific intent to cause injury, and very often without use of a dangerous instrument. To the extent existing laws address reckless conduct, they minimize the seriousness by treating it as low level offenses or often include the requirement that the conduct be "depraved" an element that New York courts have in recent years interpreted in a way that is virtually impossible to prove. For example, under current law, parents who recklessly starve an infant to the brink of death for 1-1/2 years and to the point where the child becomes deformed and emaciated can be charged with nothing more than a misdemeanor. In addition, many existing statutes include multiple levels of mixed intent that are nearly impossible to understand, let alone prove. Recognize that caregivers and those in positions of trust to care for children have a heightened duty of care to children and violating this special relationship is an aggravating factor in any child abuse crime. There is a special, dependent relationship between children and their guardians, and children are particularly vulnerable to abuse by those who should be their first-line protectors. Because of the nature of the relationship, there is a heightened potential for both physical and emotional harm to children at the hands of their caregivers. The Act thus recognizes a betrayal of this relationship as an aggravating factor in child abuse crimes. With passage of the Child Protection Act of 2010, New York would codify in explicit terms that breaches of caregivers' special duty of care to dependant, defenseless children will carry added consequences to reflect the seriousness of the breach. Increase penalties for repeat child abusers. Where a person abuses a child and has previously committed crimes against children, increased penalties are called for. The Act would address this under Aggravated Abuse of A Child in the First and Second Degrees, and under Aggravated Endangering the Welfare of A Child by elevating charges one level if an abuser has a prior child abuse conviction. Each time a high-profile press case emerges involving the tragic abusive death of yet another child, a spotlight is shined on the problem for a brief time. We are reminded of the deficiencies in our laws that prevent us from taking adequate action as soon as abuse of a child begins. We owe it to our children to strengthen the laws and to offer them better protection before the abuse turns fatal. LEGISLATIVE HISTORY : 2006 - S.7661 - PASSED SENATE 2007 - S.675-A - PASSED SENATE 2008 - S.675-B - PASSED SENATE 2008 - S.8782 (RELATED BILL) - DIED IN SENATE RULES 2009 - S.1510/A.182 (RELATED BILL) FISCAL IMPLICATIONS : While some additional prosecutions and some increased sentences may result, this would be offset by medical, social welfare and other cost savings from earlier intervention in the lives of abused children. EFFECTIVE DATE : Immediately.
2009-S7705 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
7705
I N S E N A T E
May 4, 2010
___________
Introduced by Sen. HASSELL-THOMPSON -- read twice and ordered printed,
and when printed to be committed to the Committee on Codes
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, and aggravated
manslaughter of a child; 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:
Section 1. Short title. This act shall be known and may be cited as
the "child protection act of 2010".
S 2. Section 10.00 of the penal law is amended by adding two new
subdivisions 21 and 22 to read as follows:
21. "PERSON IN A POSITION OF TRUST" MEANS ANY PERSON WHO IS CHARGED
WITH ANY DUTY OR RESPONSIBILITY FOR THE HEALTH, EDUCATION, WELFARE,
SUPERVISION OR CARE OF ANOTHER PERSON, EITHER INDEPENDENTLY OR THROUGH
ANOTHER PERSON, NO MATTER HOW BRIEF.
22. "CHILD ABUSE OFFENSE" MEANS:
(A) PATRONIZING A PROSTITUTE IN THE SECOND DEGREE AS DEFINED IN
SECTION 230.05; PATRONIZING A PROSTITUTE IN THE FIRST DEGREE AS DEFINED
IN SECTION 230.06; PROMOTING PROSTITUTION IN THE SECOND DEGREE AS
DEFINED IN SUBDIVISION TWO OF SECTION 230.30; PROMOTING PROSTITUTION IN
THE FIRST DEGREE AS DEFINED IN SECTION 230.32; DISSEMINATING INDECENT
MATERIALS TO MINORS IN THE SECOND DEGREE AS DEFINED IN SECTION 235.21;
DISSEMINATING INDECENT MATERIALS TO MINORS IN THE FIRST DEGREE AS
DEFINED IN SECTION 235.22; ABANDONMENT OF A CHILD AS DEFINED IN SECTION
260.00; NON-SUPPORT OF A CHILD IN THE SECOND DEGREE AS DEFINED IN
SECTION 260.05; NON-SUPPORT OF A CHILD IN THE FIRST DEGREE AS DEFINED IN
SECTION 260.06; ENDANGERING THE WELFARE OF A CHILD AS DEFINED IN SECTION
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16991-01-0
S. 7705 2
260.10; AGGRAVATED ENDANGERING THE WELFARE OF A CHILD AS DEFINED IN
SECTION 260.09; UNLAWFULLY DEALING WITH A CHILD IN THE FIRST DEGREE AS
DEFINED IN SECTION 260.20; UNLAWFULLY DEALING WITH A CHILD IN THE SECOND
DEGREE AS DEFINED IN SECTION 260.21; OR AN OFFENSE DEFINED IN ARTICLE
TWO HUNDRED SIXTY-THREE OF THIS CHAPTER; OR
(B) AN OFFENSE DEFINED IN ARTICLE ONE HUNDRED TWENTY, ONE HUNDRED
TWENTY-FIVE, ONE HUNDRED THIRTY OR ONE HUNDRED THIRTY-FIVE OF THIS CHAP-
TER PROVIDED THE VICTIM OF SUCH OFFENSE IS LESS THAN FOURTEEN YEARS OF
AGE; OR
(C) AN ATTEMPT TO COMMIT AN OFFENSE LISTED IN PARAGRAPH (A) OR (B) OF
THIS SUBDIVISION; OR
(D) AN OFFENSE IN ANY OTHER JURISDICTION WHICH INCLUDES ALL OF THE
ESSENTIAL ELEMENTS OF ANY SUCH CRIME LISTED IN PARAGRAPH (A), (B) OR (C)
OF THIS SUBDIVISION.
S 3. Section 60.06 of the penal law, as amended by chapter 482 of the
laws of 2009, is amended to read as follows:
S 60.06 Authorized disposition; murder in the first degree offenders;
aggravated murder offenders; AGGRAVATED MURDER OF A CHILD
OFFENDERS; certain murder in the second degree offenders;
certain terrorism offenders; criminal possession of a chemical
weapon or biological weapon offenders; criminal use of a chem-
ical weapon or biological weapon offenders.
When a defendant is convicted of murder in the first degree as defined
in section 125.27 of this chapter, the court shall, in accordance with
the provisions of section 400.27 of the criminal procedure law, sentence
the defendant to death, to life imprisonment without parole in accord-
ance with subdivision five of section 70.00 of this title, or to a term
of imprisonment for a class A-I felony other than a sentence of life
imprisonment without parole, in accordance with subdivisions one through
three of section 70.00 of this title. When a person is convicted [of
murder in the second degree as defined in subdivision five of section
125.25 of this chapter or] of the crime of aggravated murder as defined
in subdivision one of section 125.26 of this chapter OR OF THE CRIME OF
AGGRAVATED MURDER OF A CHILD AS DEFINED IN SECTION 125.28 OF THIS CHAP-
TER, the court shall sentence the defendant to life imprisonment without
parole in accordance with subdivision five of section 70.00 of this
title. When a defendant is convicted of the crime of terrorism as
defined in section 490.25 of this chapter, and the specified offense the
defendant committed is a class A-I felony offense, or when a defendant
is convicted of the crime of criminal possession of a chemical weapon or
biological weapon in the first degree as defined in section 490.45 of
this chapter, or when a defendant is convicted of the crime of criminal
use of a chemical weapon or biological weapon in the first degree as
defined in section 490.55 of this chapter, the court shall sentence the
defendant to life imprisonment without parole in accordance with subdi-
vision five of section 70.00 of this title; provided, however, that
nothing in this section shall preclude or prevent a sentence of death
when the defendant is also convicted of murder in the first degree as
defined in section 125.27 of this chapter. When a defendant is convicted
of aggravated murder as defined in subdivision two of section 125.26 of
this chapter, the court shall sentence the defendant to life imprison-
ment without parole or to a term of imprisonment for a class A-I felony
other than a sentence of life imprisonment without parole, in accordance
with subdivisions one through three of section 70.00 of this title.
S. 7705 3
S 4. Subparagraph (i) of paragraph (a) of subdivision 3 of section
70.00 of the penal law, as amended by chapter 107 of the laws of 2006,
is amended to read as follows:
(i) For a class A-I felony, such minimum period shall not be less than
fifteen years nor more than twenty-five years; provided, however, that
(A) where a sentence, other than a sentence of death or life imprison-
ment without parole, is imposed upon a defendant convicted of murder in
the first degree as defined in section 125.27 of this chapter such mini-
mum period shall be not less than twenty years nor more than twenty-five
years, and, (B) where a sentence is imposed upon a defendant [convicted
of murder in the second degree as defined in subdivision five of section
125.25 of this chapter or] convicted of aggravated murder as defined in
section 125.26 of this chapter OR CONVICTED OF AGGRAVATED MURDER OF A
CHILD AS DEFINED IN SECTION 125.28 OF THIS CHAPTER, the sentence shall
be life imprisonment without parole, and, (C) where a sentence is
imposed upon a defendant convicted of attempted murder in the first
degree as defined in article one hundred ten of this chapter and subpar-
agraph (i), (ii) or (iii) of paragraph (a) of subdivision one and para-
graph (b) of subdivision one of section 125.27 of this chapter or
attempted aggravated murder as defined in article one hundred ten of
this chapter and section 125.26 of this chapter OR ATTEMPTED AGGRAVATED
MURDER OF A CHILD AS DEFINED IN ARTICLE ONE HUNDRED TEN OF THIS CHAPTER
AND SECTION 125.28 OF THIS CHAPTER such minimum period shall be not less
than twenty years nor more than forty years.
S 5. Subdivision 5 of section 70.00 of the penal law, as amended by
chapter 482 of the laws of 2009, is amended to read as follows:
5. Life imprisonment without parole. Notwithstanding any other
provision of law, a defendant sentenced to life imprisonment without
parole shall not be or become eligible for parole or conditional
release. For purposes of commitment and custody, other than parole and
conditional release, such sentence shall be deemed to be an indetermi-
nate sentence. A defendant may be sentenced to life imprisonment with-
out parole upon conviction for the crime of murder in the first degree
as defined in section 125.27 of this chapter and in accordance with the
procedures provided by law for imposing a sentence for such crime. A
defendant must be sentenced to life imprisonment without parole upon
conviction for the crime of terrorism as defined in section 490.25 of
this chapter, where the specified offense the defendant committed is a
class A-I felony; the crime of criminal possession of a chemical weapon
or biological weapon in the first degree as defined in section 490.45 of
this chapter; or the crime of criminal use of a chemical weapon or
biological weapon in the first degree as defined in section 490.55 of
this chapter; provided, however, that nothing in this subdivision shall
preclude or prevent a sentence of death when the defendant is also
convicted of the crime of murder in the first degree as defined in
section 125.27 of this chapter. A defendant must be sentenced to life
imprisonment without parole upon conviction [for the crime of murder in
the second degree as defined in subdivision five of section 125.25 of
this chapter or] for the crime of aggravated murder as defined in subdi-
vision one of section 125.26 of this chapter OR FOR THE CRIME OF AGGRA-
VATED MURDER OF A CHILD AS DEFINED IN SECTION 125.28 OF THIS CHAPTER. A
defendant may be sentenced to life imprisonment without parole upon
conviction for the crime of aggravated murder as defined in subdivision
two of section 125.26 of this chapter.
S 6. Paragraphs (a), (b) and (c) of subdivision 1 of section 70.02 of
the penal law, paragraph (a) as amended by chapter 320 of the laws of
S. 7705 4
2006, paragraph (b) as separately amended by chapters 764 and 765 of the
laws of 2005 and paragraph (c) as amended by chapter 7 of the laws of
2007, are amended to read as follows:
(a) Class B violent felony offenses: an attempt to commit the class
A-I felonies of murder in the second degree as defined in section
125.25, kidnapping in the first degree as defined in section 135.25, and
arson in the first degree as defined in section 150.20; manslaughter in
the first degree as defined in section 125.20, aggravated manslaughter
in the first degree as defined in section 125.22, AGGRAVATED MANSLAUGHT-
ER OF A CHILD AS DEFINED IN SECTION 125.23, rape in the first degree as
defined in section 130.35, criminal sexual act in the first degree as
defined in section 130.50, aggravated sexual abuse in the first degree
as defined in section 130.70, course of sexual conduct against a child
in the first degree as defined in section 130.75; assault in the first
degree as defined in section 120.10, kidnapping in the second degree as
defined in section 135.20, burglary in the first degree as defined in
section 140.30, arson in the second degree as defined in section 150.15,
robbery in the first degree as defined in section 160.15, incest in the
first degree as defined in section 255.27, criminal possession of a
weapon in the first degree as defined in section 265.04, criminal use of
a firearm in the first degree as defined in section 265.09, criminal
sale of a firearm in the first degree as defined in section 265.13,
aggravated assault upon a police officer or a peace officer as defined
in section 120.11, gang assault in the first degree as defined in
section 120.07, intimidating a victim or witness in the first degree as
defined in section 215.17, hindering prosecution of terrorism in the
first degree as defined in section 490.35, criminal possession of a
chemical weapon or biological weapon in the second degree as defined in
section 490.40, and criminal use of a chemical weapon or biological
weapon in the third degree as defined in section 490.47.
(b) Class C violent felony offenses: an attempt to commit any of the
class B felonies set forth in paragraph (a); aggravated criminally
negligent homicide as defined in section 125.11, aggravated manslaughter
in the second degree as defined in section 125.21, aggravated sexual
abuse in the second degree as defined in section 130.67, assault on a
peace officer, police officer, fireman or emergency medical services
professional as defined in section 120.08, gang assault in the second
degree as defined in section 120.06, AGGRAVATED ABUSE OF A CHILD IN THE
FIRST DEGREE AS DEFINED IN SECTION 120.09-A, burglary in the second
degree as defined in section 140.25, robbery in the second degree as
defined in section 160.10, criminal possession of a weapon in the second
degree as defined in section 265.03, criminal use of a firearm in the
second degree as defined in section 265.08, criminal sale of a firearm
in the second degree as defined in section 265.12, criminal sale of a
firearm with the aid of a minor as defined in section 265.14, soliciting
or providing support for an act of terrorism in the first degree as
defined in section 490.15, hindering prosecution of terrorism in the
second degree as defined in section 490.30, and criminal possession of a
chemical weapon or biological weapon in the third degree as defined in
section 490.37.
(c) Class D violent felony offenses: an attempt to commit any of the
class C felonies set forth in paragraph (b); reckless assault of a child
as defined in section 120.02, assault in the second degree as defined in
section 120.05, AGGRAVATED ABUSE OF A CHILD IN THE SECOND DEGREE AS
DEFINED IN SECTION 120.09, menacing a police officer or peace officer as
defined in section 120.18, stalking in the first degree, as defined in
S. 7705 5
subdivision one of section 120.60, rape in the second degree as defined
in section 130.30, criminal sexual act in the second degree as defined
in section 130.45, sexual abuse in the first degree as defined in
section 130.65, course of sexual conduct against a child in the second
degree as defined in section 130.80, aggravated sexual abuse in the
third degree as defined in section 130.66, facilitating a sex offense
with a controlled substance as defined in section 130.90, criminal
possession of a weapon in the third degree as defined in subdivision
five, six, seven or eight of section 265.02, criminal sale of a firearm
in the third degree as defined in section 265.11, intimidating a victim
or witness in the second degree as defined in section 215.16, soliciting
or providing support for an act of terrorism in the second degree as
defined in section 490.10, and making a terroristic threat as defined in
section 490.20, falsely reporting an incident in the first degree as
defined in section 240.60, placing a false bomb or hazardous substance
in the first degree as defined in section 240.62, placing a false bomb
or hazardous substance in a sports stadium or arena, mass transportation
facility or enclosed shopping mall as defined in section 240.63, and
aggravated unpermitted use of indoor pyrotechnics in the first degree as
defined in section 405.18.
S 7. Subdivision 1 of section 110.05 of the penal law, as amended by
chapter 93 of the laws of 2006, is amended to read as follows:
1. Class A-I felony when the crime attempted is the A-I felony of
murder in the first degree, aggravated murder as defined in subdivision
one of section 125.26 of this chapter, AGGRAVATED MURDER OF A CHILD,
criminal possession of a controlled substance in the first degree, crim-
inal sale of a controlled substance in the first degree, criminal
possession of a chemical or biological weapon in the first degree or
criminal use of a chemical or biological weapon in the first degree;
S 8. Section 120.01 of the penal law, as added by chapter 600 of the
laws of 1998, is amended to read as follows:
S 120.01 [Reckless assault] AGGRAVATED ABUSE of a child [by a child day
care provider] IN THE THIRD DEGREE.
A person is guilty of [reckless assault] AGGRAVATED ABUSE of a child
IN THE THIRD DEGREE when, being [a child day care provider or an employ-
ee thereof] EIGHTEEN YEARS OLD OR MORE, AND BEING A PARENT, GUARDIAN OR
OTHER PERSON LEGALLY CHARGED WITH THE CUSTODY OF, OR LEGALLY RESPONSIBLE
FOR THE CARE OF, A CHILD LESS THAN FOURTEEN YEARS OLD, OR BEING A PERSON
IN A POSITION OF TRUST OF A CHILD LESS THAN FOURTEEN YEARS OLD, he or
she recklessly causes [serious] physical injury to [a] SUCH child [under
the care of such provider or employee who is less than eleven years of
age].
[Reckless assault] AGGRAVATED ABUSE of a child [by a child day care
provider] IN THE THIRD DEGREE is a class E felony.
S 9. The penal law is amended by adding two new sections 120.09 and
120.09-a to read as follows:
S 120.09 AGGRAVATED ABUSE OF A CHILD IN THE SECOND DEGREE.
A PERSON IS GUILTY OF AGGRAVATED ABUSE OF A CHILD IN THE SECOND DEGREE
WHEN BEING EIGHTEEN YEARS OLD OR MORE, AND BEING A PARENT, GUARDIAN OR
OTHER PERSON LEGALLY CHARGED WITH THE CUSTODY OF, OR LEGALLY RESPONSIBLE
FOR THE CARE OF, A CHILD LESS THAN FOURTEEN YEARS OLD, OR BEING A PERSON
IN A POSITION OF TRUST OF A CHILD LESS THAN FOURTEEN YEARS OLD, HE OR
SHE:
1. WITH INTENT TO CAUSE PHYSICAL INJURY TO ANOTHER PERSON, CAUSES
PHYSICAL INJURY TO SUCH CHILD; OR
S. 7705 6
2. RECKLESSLY ENGAGES IN CONDUCT WHICH CREATES A GRAVE RISK OF SERIOUS
PHYSICAL INJURY OR DEATH TO SUCH CHILD AND THEREBY CAUSES SERIOUS PHYS-
ICAL INJURY TO SUCH CHILD; OR
3. COMMITS THE CRIME OF AGGRAVATED ABUSE OF A CHILD IN THE THIRD
DEGREE AS DEFINED IN SECTION 120.01 OF THIS ARTICLE AND PREVIOUSLY HAS
BEEN CONVICTED OF A CHILD ABUSE OFFENSE.
AGGRAVATED ABUSE OF A CHILD IN THE SECOND DEGREE IS A CLASS D FELONY.
S 120.09-A AGGRAVATED ABUSE OF A CHILD IN THE FIRST DEGREE.
A PERSON IS GUILTY OF AGGRAVATED ABUSE OF A CHILD IN THE FIRST DEGREE
WHEN BEING EIGHTEEN YEARS OLD OR MORE, AND BEING A PARENT, GUARDIAN OR
OTHER PERSON LEGALLY CHARGED WITH THE CUSTODY OF, OR LEGALLY RESPONSIBLE
FOR THE CARE OF, A CHILD LESS THAN FOURTEEN YEARS OLD, OR BEING A PERSON
IN A POSITION OF TRUST OF A CHILD LESS THAN FOURTEEN YEARS OLD, HE OR
SHE:
1. WITH INTENT TO CAUSE SERIOUS PHYSICAL INJURY TO ANOTHER PERSON,
CAUSES SERIOUS PHYSICAL INJURY TO SUCH CHILD; OR
2. RECKLESSLY ENGAGES IN VIOLENT SHAKING OF SUCH CHILD AND THEREBY
CAUSES SERIOUS PHYSICAL INJURY TO SUCH CHILD AND SUCH CHILD IS LESS THAN
FIVE YEARS OLD; OR
3. RECKLESSLY ENGAGES IN CONDUCT WHICH CREATES A GRAVE RISK OF SERIOUS
PHYSICAL INJURY OR DEATH TO SUCH CHILD AND THEREBY CAUSES SERIOUS PHYS-
ICAL INJURY TO SUCH CHILD, AND:
(A) HAS PREVIOUSLY BEEN CONVICTED OF A CHILD ABUSE OFFENSE; OR
(B) AS PART OF THE SAME TRANSACTION, RECKLESSLY ENGAGES IN CONDUCT
WHICH CREATES A GRAVE RISK OF SERIOUS PHYSICAL INJURY OR DEATH TO ANOTH-
ER CHILD LESS THAN FOURTEEN YEARS OLD AND THEREBY CAUSES SERIOUS PHYS-
ICAL INJURY TO SUCH OTHER CHILD; OR
(C) CAUSES SUCH INJURY BY MEANS OF A DEADLY WEAPON OR DANGEROUS
INSTRUMENT; OR
(D) ON AT LEAST ONE OTHER OCCASION, RECKLESSLY ENGAGED IN CONDUCT
WHICH CREATED A GRAVE RISK OF SERIOUS PHYSICAL INJURY OR DEATH TO A
CHILD LESS THAN FOURTEEN YEARS OLD AND THEREBY CAUSED SERIOUS PHYSICAL
INJURY TO SUCH CHILD.
AGGRAVATED ABUSE OF A CHILD IN THE FIRST DEGREE IS A CLASS C FELONY.
S 10. The penal law is amended by adding two new sections 125.23 and
125.28 to read as follows:
S 125.23 AGGRAVATED MANSLAUGHTER OF A CHILD.
A PERSON IS GUILTY OF AGGRAVATED MANSLAUGHTER OF A CHILD WHEN, BEING
EIGHTEEN YEARS OLD OR MORE, AND BEING A PARENT, GUARDIAN OR OTHER PERSON
LEGALLY CHARGED WITH THE CUSTODY OF, OR LEGALLY RESPONSIBLE FOR THE CARE
OF, A CHILD LESS THAN FOURTEEN YEARS OLD, OR IS A PERSON IN A POSITION
OF TRUST OF A CHILD LESS THAN FOURTEEN YEARS OLD, HE OR SHE RECKLESSLY
ENGAGES IN CONDUCT WHICH CREATES A GRAVE RISK OF SERIOUS PHYSICAL INJURY
OR DEATH TO SUCH CHILD AND THEREBY CAUSES THE DEATH OF SUCH CHILD.
AGGRAVATED MANSLAUGHTER OF A CHILD IS A CLASS B FELONY.
S 125.28 AGGRAVATED MURDER OF A CHILD.
A PERSON IS GUILTY OF AGGRAVATED MURDER OF A CHILD WHEN:
1. WITH INTENT TO CAUSE THE DEATH OF A CHILD LESS THAN FOURTEEN YEARS
OLD, AND BEING EIGHTEEN YEARS OLD OR MORE, AND BEING THE PARENT, GUARDI-
AN OR OTHER PERSON LEGALLY CHARGED WITH THE CUSTODY OF, OR LEGALLY
RESPONSIBLE FOR THE CARE OF, SUCH CHILD, OR BEING A PERSON IN A POSITION
OF TRUST OF A CHILD LESS THAN FOURTEEN YEARS OLD, HE OR SHE CAUSES THE
DEATH OF SUCH CHILD; OR
2. UNDER CIRCUMSTANCES EVINCING A DEPRAVED INDIFFERENCE TO HUMAN LIFE,
AND BEING EIGHTEEN YEARS OLD OR MORE, AND BEING THE PARENT, GUARDIAN OR
OTHER PERSON LEGALLY CHARGED WITH THE CUSTODY OF, OR LEGALLY RESPONSIBLE
S. 7705 7
FOR THE CARE OF, A CHILD LESS THAN FOURTEEN YEARS OLD, OR BEING A PERSON
IN A POSITION OF TRUST OF A CHILD LESS THAN FOURTEEN YEARS OLD, HE OR
SHE RECKLESSLY ENGAGES IN CONDUCT WHICH CREATES A GRAVE RISK OF SERIOUS
PHYSICAL INJURY OR DEATH TO SUCH CHILD AND THEREBY CAUSES THE DEATH OF
SUCH CHILD; OR
3. BEING EIGHTEEN YEARS OLD OR MORE, WHILE IN THE COURSE OF COMMITTING
RAPE IN THE FIRST, SECOND OR THIRD DEGREE, CRIMINAL SEXUAL ACT IN THE
FIRST, SECOND OR THIRD DEGREE, AGGRAVATED SEXUAL ABUSE IN THE FIRST,
SECOND, THIRD OR FOURTH DEGREE, OR INCEST AGAINST A CHILD LESS THAN
FOURTEEN YEARS OLD, HE OR SHE INTENTIONALLY CAUSES THE DEATH OF SUCH
CHILD.
AGGRAVATED MURDER OF A CHILD IS A CLASS A-I FELONY.
S 11. Subdivision 4 of section 125.25 of the penal law, as amended by
chapter 459 of the laws of 2004, is amended to read as follows:
4. Under circumstances evincing a depraved indifference to human life,
and being eighteen years old or more the defendant recklessly engages in
conduct which creates a grave risk of serious physical injury or death
to another person less than eleven years old and thereby causes the
death of such person[; or].
S 12. Subdivision 5 of section 125.25 of the penal law is REPEALED.
S 13. Subparagraph (ix) of paragraph (a) of subdivision 1 of section
125.27 of the penal law, as added by chapter 1 of the laws of 1995, is
amended to read as follows:
(ix) prior to committing the killing, the defendant had been convicted
of murder as defined in this section or section 125.25 of this article
OR CONVICTED OF AGGRAVATED MURDER OF A CHILD AS DEFINED IN SECTION
125.28 OF THIS ARTICLE, or had been convicted in another jurisdiction of
an offense which, if committed in this state, would constitute a
violation of [either of such] THE AFOREMENTIONED sections; or
S 14. The penal law is amended by adding a new section 260.09 to read
as follows:
S 260.09 AGGRAVATED ENDANGERING THE WELFARE OF A CHILD.
A PERSON IS GUILTY OF AGGRAVATED ENDANGERING THE WELFARE OF A CHILD
WHEN, BEING EIGHTEEN YEARS OLD OR MORE, AND BEING A PARENT, GUARDIAN OR
OTHER PERSON LEGALLY CHARGED WITH THE CUSTODY OF, OR LEGALLY RESPONSIBLE
FOR THE CARE OF, A CHILD LESS THAN FOURTEEN YEARS OLD, OR BEING A PERSON
IN A POSITION OF TRUST OF A CHILD LESS THAN FOURTEEN YEARS OLD, HE OR
SHE KNOWINGLY ACTS IN A MANNER LIKELY TO BE INJURIOUS TO THE PHYSICAL,
MENTAL OR MORAL WELFARE OF SUCH CHILD, AND:
1. PREVIOUSLY HAS BEEN CONVICTED OF A CHILD ABUSE OFFENSE; OR
2. SUCH CONDUCT CONSISTS OF TWO OR MORE ACTS OF CRUELTY AGAINST SUCH
CHILD. FOR PURPOSES OF THIS SUBDIVISION, "CRUELTY" MEANS CONDUCT WHICH
(A) CAUSES EXTREME PHYSICAL PAIN, OR (B) WHICH IS CARRIED OUT IN AN
ESPECIALLY VICIOUS OR SADISTIC MANNER.
AGGRAVATED ENDANGERING THE WELFARE OF A CHILD IS A CLASS E FELONY.
S 15. Paragraph (a) of subdivision 3 of section 30.30 of the criminal
procedure law, as amended by chapter 93 of the laws of 2006, is amended
to read as follows:
(a) Subdivisions one and two do not apply to a criminal action wherein
the defendant is accused of an offense defined in sections 125.10,
125.15, 125.20, 125.25, 125.26 [and], 125.27 AND 125.28 of the penal
law.
S 16. Subdivision 1 of section 180.85 of the criminal procedure law,
as amended by chapter 93 of the laws of 2006, is amended to read as
follows:
S. 7705 8
1. After arraignment of a defendant upon a felony complaint, other
than a felony complaint charging an offense defined in section 125.10,
125.15, 125.20, 125.23, 125.25, 125.26 [or], 125.27 OR 125.28 of the
penal law, either party or the local criminal court or superior court
before which the action is pending, on its own motion, may move in
accordance with the provisions of this section for an order terminating
prosecution of the charges contained in such felony complaint on consent
of the parties.
S 17. Paragraph (h) of subdivision 3 of section 190.25 of the criminal
procedure law, as separately amended by chapters 93 and 320 of the laws
of 2006, is amended to read as follows:
(h) A social worker, rape crisis counselor, psychologist or other
professional providing emotional support to a child witness twelve years
old or younger who is called to give evidence in a grand jury proceeding
concerning a crime defined in article one hundred thirty, article two
hundred sixty, section 120.01, 120.09, 120.09-A, 120.10, 125.10, 125.15,
125.20, 125.23, 125.25, 125.26, 125.27, 125.28, 255.25, 255.26 [or],
255.27 OR 260.09 of the penal law provided that the district attorney
consents. Such support person shall not provide the witness with an
answer to any question or otherwise participate in such proceeding and
shall first take an oath before the grand jury that he or she will keep
secret all matters before such grand jury within his or her knowledge.
S 18. Paragraph (b) of subdivision 8 of section 700.05 of the criminal
procedure law, as amended by chapter 472 of the laws of 2008, is amended
to read as follows:
(b) Any of the following felonies: assault in the second degree as
defined in section 120.05 of the penal law, AGGRAVATED ABUSE OF A CHILD
IN THE THIRD DEGREE AS DEFINED IN SECTION 120.01 OF THE PENAL LAW,
AGGRAVATED ABUSE OF A CHILD IN THE SECOND DEGREE AS DEFINED IN SECTION
120.09 OF THE PENAL LAW, AGGRAVATED ABUSE OF A CHILD IN THE FIRST DEGREE
AS DEFINED IN SECTION 120.09-A OF THE PENAL LAW, assault in the first
degree as defined in section 120.10 of the penal law, reckless endanger-
ment in the first degree as defined in section 120.25 of the penal law,
promoting a suicide attempt as defined in section 120.30 of the penal
law, criminally negligent homicide as defined in section 125.10 of the
penal law, manslaughter in the second degree as defined in section
125.15 of the penal law, manslaughter in the first degree as defined in
section 125.20 of the penal law, AGGRAVATED MANSLAUGHTER OF A CHILD AS
DEFINED IN SECTION 125.23 OF THE PENAL LAW, murder in the second degree
as defined in section 125.25 of the penal law, murder in the first
degree as defined in section 125.27 of the penal law, AGGRAVATED MURDER
OF A CHILD AS DEFINED IN SECTION 125.28 OF THE PENAL LAW, abortion in
the second degree as defined in section 125.40 of the penal law,
abortion in the first degree as defined in section 125.45 of the penal
law, rape in the third degree as defined in section 130.25 of the penal
law, rape in the second degree as defined in section 130.30 of the penal
law, rape in the first degree as defined in section 130.35 of the penal
law, criminal sexual act in the third degree as defined in section
130.40 of the penal law, criminal sexual act in the second degree as
defined in section 130.45 of the penal law, criminal sexual act in the
first degree as defined in section 130.50 of the penal law, sexual abuse
in the first degree as defined in section 130.65 of the penal law,
unlawful imprisonment in the first degree as defined in section 135.10
of the penal law, kidnapping in the second degree as defined in section
135.20 of the penal law, kidnapping in the first degree as defined in
section 135.25 of the penal law, labor trafficking as defined in section
S. 7705 9
135.35 of the penal law, custodial interference in the first degree as
defined in section 135.50 of the penal law, coercion in the first degree
as defined in section 135.65 of the penal law, criminal trespass in the
first degree as defined in section 140.17 of the penal law, burglary in
the third degree as defined in section 140.20 of the penal law, burglary
in the second degree as defined in section 140.25 of the penal law,
burglary in the first degree as defined in section 140.30 of the penal
law, criminal mischief in the third degree as defined in section 145.05
of the penal law, criminal mischief in the second degree as defined in
section 145.10 of the penal law, criminal mischief in the first degree
as defined in section 145.12 of the penal law, criminal tampering in the
first degree as defined in section 145.20 of the penal law, arson in the
fourth degree as defined in section 150.05 of the penal law, arson in
the third degree as defined in section 150.10 of the penal law, arson in
the second degree as defined in section 150.15 of the penal law, arson
in the first degree as defined in section 150.20 of the penal law, grand
larceny in the fourth degree as defined in section 155.30 of the penal
law, grand larceny in the third degree as defined in section 155.35 of
the penal law, grand larceny in the second degree as defined in section
155.40 of the penal law, grand larceny in the first degree as defined in
section 155.42 of the penal law, health care fraud in the fourth degree
as defined in section 177.10 of the penal law, health care fraud in the
third degree as defined in section 177.15 of the penal law, health care
fraud in the second degree as defined in section 177.20 of the penal
law, health care fraud in the first degree as defined in section 177.25
of the penal law, robbery in the third degree as defined in section
160.05 of the penal law, robbery in the second degree as defined in
section 160.10 of the penal law, robbery in the first degree as defined
in section 160.15 of the penal law, unlawful use of secret scientific
material as defined in section 165.07 of the penal law, criminal
possession of stolen property in the fourth degree as defined in section
165.45 of the penal law, criminal possession of stolen property in the
third degree as defined in section 165.50 of the penal law, criminal
possession of stolen property in the second degree as defined by section
165.52 of the penal law, criminal possession of stolen property in the
first degree as defined by section 165.54 of the penal law, trademark
counterfeiting in the second degree as defined in section 165.72 of the
penal law, trademark counterfeiting in the first degree as defined in
section 165.73 of the penal law, forgery in the second degree as defined
in section 170.10 of the penal law, forgery in the first degree as
defined in section 170.15 of the penal law, criminal possession of a
forged instrument in the second degree as defined in section 170.25 of
the penal law, criminal possession of a forged instrument in the first
degree as defined in section 170.30 of the penal law, criminal
possession of forgery devices as defined in section 170.40 of the penal
law, falsifying business records in the first degree as defined in
section 175.10 of the penal law, tampering with public records in the
first degree as defined in section 175.25 of the penal law, offering a
false instrument for filing in the first degree as defined in section
175.35 of the penal law, issuing a false certificate as defined in
section 175.40 of the penal law, criminal diversion of prescription
medications and prescriptions in the second degree as defined in section
178.20 of the penal law, criminal diversion of prescription medications
and prescriptions in the first degree as defined in section 178.25 of
the penal law, residential mortgage fraud in the fourth degree as
defined in section 187.10 of the penal law, residential mortgage fraud
S. 7705 10
in the third degree as defined in section 187.15 of the penal law, resi-
dential mortgage fraud in the second degree as defined in section 187.20
of the penal law, residential mortgage fraud in the first degree as
defined in section 187.25 of the penal law, escape in the second degree
as defined in section 205.10 of the penal law, escape in the first
degree as defined in section 205.15 of the penal law, absconding from
temporary release in the first degree as defined in section 205.17 of
the penal law, promoting prison contraband in the first degree as
defined in section 205.25 of the penal law, hindering prosecution in the
second degree as defined in section 205.60 of the penal law, hindering
prosecution in the first degree as defined in section 205.65 of the
penal law, sex trafficking as defined in section 230.34 of the penal
law, AGGRAVATED ENDANGERING THE WELFARE OF A CHILD AS DEFINED IN SECTION
260.09 OF THE PENAL LAW, criminal possession of a weapon in the third
degree as defined in subdivisions two, three and five of section 265.02
of the penal law, criminal possession of a weapon in the second degree
as defined in section 265.03 of the penal law, criminal possession of a
weapon in the first degree as defined in section 265.04 of the penal
law, manufacture, transport, disposition and defacement of weapons and
dangerous instruments and appliances defined as felonies in subdivisions
one, two, and three of section 265.10 of the penal law, sections 265.11,
265.12 and 265.13 of the penal law, or prohibited use of weapons as
defined in subdivision two of section 265.35 of the penal law, relating
to firearms and other dangerous weapons, or failure to disclose the
origin of a recording in the first degree as defined in section 275.40
of the penal law;
S 19. Paragraph (a) of subdivision 4 of section 509-cc of the vehicle
and traffic law, as amended by chapter 93 of the laws of 2006, is
amended to read as follows:
(a) The offenses referred to in subparagraph (ii) of paragraph (a) of
subdivision one and paragraph (a) of subdivision two of this section
that result in permanent disqualification shall include a conviction
under sections 125.12, 125.20, 125.25, 125.26, 125.27, 130.30, 130.35,
130.45, 130.50, 130.70, 135.25, 150.20 of the penal law or an attempt to
commit any of the aforesaid offenses under section 110.00 of the penal
law, OR A CHILD ABUSE OFFENSE AS DEFINED IN SUBDIVISION TWENTY-TWO OF
SECTION 10.00 OF THE PENAL LAW, or any offenses committed under a former
section of the penal law which would constitute violations of the afore-
said sections of the penal law, or any offenses committed outside this
state which would constitute violations of the aforesaid sections of the
penal law.
S 20. Section 4-1.6 of the estates, powers and trusts law, as added by
chapter 481 of the laws of 1994, is amended to read as follows:
S 4-1.6 Disqualification of joint tenant in certain instances
Notwithstanding any other provision of law to the contrary, a joint
tenant convicted of murder in the second degree as defined in section
125.25 of the penal law or murder in the first degree as defined in
section 125.27 of the penal law OR AGGRAVATED MURDER OF A CHILD AS
DEFINED IN SECTION 125.28 OF THE PENAL LAW of another joint tenant shall
not be entitled to the distribution of any monies in a joint bank
account created or contributed to by the deceased joint tenant, except
for those monies contributed by the convicted joint tenant.
Upon the conviction of such joint tenant of first or second degree
murder and upon application by the prosecuting attorney, the court, as
part of its sentence, shall issue an order directing the amount of any
joint bank account to be distributed pursuant to the provisions of this
S. 7705 11
section from the convicted joint tenant and to the deceased joint
tenant's estate. The court and the prosecuting attorney shall each have
the power to subpoena records of a banking institution to determine the
amount of money in such bank account and by whom deposits were made. The
court shall also have the power to freeze such account upon application
by the prosecuting attorney during the pendency of a trial for first or
second degree murder. If, upon receipt of such court orders described in
this section, the banking institution holding monies in such joint
account complies with the terms of the order, such banking institution
shall be held free from all liability for the distribution of such funds
as were in such joint account. In the absence of actual or constructive
notice of such order, the banking institution holding monies in such
account shall be held harmless for distributing the money according to
its ordinary course of business.
For purposes of this section, the term banking institution shall have
the same meaning as provided for in paragraph (b) of subdivision three
of section nine-f of the banking law.
S 21. Paragraphs (a) and (d) of subdivision 7 of section 995 of the
executive law, paragraph (a) as separately amended by chapters 2 and 320
of the laws of 2006 and paragraph (d) as amended by chapter 2 of the
laws of 2006, are amended to read as follows:
(a) sections 120.05, 120.10, and 120.11, relating to assault; sections
125.15 through [125.27] 125.28 relating to homicide; sections 130.25,
130.30, 130.35, 130.40, 130.45, 130.50, 130.65, 130.67 and 130.70,
relating to sex offenses; sections 205.10, 205.15, 205.17 and 205.19,
relating to escape and other offenses, where the offender has been
convicted within the previous five years of one of the other felonies
specified in this subdivision; or sections 255.25, 255.26 and 255.27,
relating to incest, a violent felony offense as defined in subdivision
one of section 70.02 of the penal law, attempted murder in the first
degree, as defined in section 110.00 and section 125.27 of the penal
law, kidnapping in the first degree, as defined in section 135.25 of the
penal law, arson in the first degree, as defined in section 150.20 of
the penal law, burglary in the third degree, as defined in section
140.20 of the penal law, attempted burglary in the third degree, as
defined in section 110.00 and section 140.20 of the penal law, a felony
defined in article four hundred ninety of the penal law relating to
terrorism or any attempt to commit an offense defined in such article
relating to terrorism which is a felony; or
(d) any of the following felonies, or an attempt thereof where such
attempt is a felony offense:
AGGRAVATED ABUSE OF A CHILD IN THE THIRD DEGREE, AS DEFINED IN SECTION
120.01 OF THE PENAL LAW; AGGRAVATED ABUSE OF A CHILD IN THE SECOND
DEGREE, AS DEFINED IN SECTION 120.09 OF THE PENAL LAW; AGGRAVATED ABUSE
OF A CHILD IN THE FIRST DEGREE, AS DEFINED IN SECTION 120.09-A OF THE
PENAL LAW; aggravated assault upon a person less than eleven years old,
as defined in section 120.12 of the penal law; menacing in the first
degree, as defined in section 120.13 of the penal law; reckless endan-
germent in the first degree, as defined in section 120.25 of the penal
law; stalking in the second degree, as defined in section 120.55 of the
penal law; criminally negligent homicide, as defined in section 125.10
of the penal law; vehicular manslaughter in the second degree, as
defined in section 125.12 of the penal law; vehicular manslaughter in
the first degree, as defined in section 125.13 of the penal law;
persistent sexual abuse, as defined in section 130.53 of the penal law;
aggravated sexual abuse in the fourth degree, as defined in section
S. 7705 12
130.65-a of the penal law; female genital mutilation, as defined in
section 130.85 of the penal law; facilitating a sex offense with a
controlled substance, as defined in section 130.90 of the penal law;
unlawful imprisonment in the first degree, as defined in section 135.10
of the penal law; custodial interference in the first degree, as defined
in section 135.50 of the penal law; criminal trespass in the first
degree, as defined in section 140.17 of the penal law; criminal tamper-
ing in the first degree, as defined in section 145.20 of the penal law;
tampering with a consumer product in the first degree, as defined in
section 145.45 of the penal law; robbery in the third degree as defined
in section 160.05 of the penal law; identity theft in the second degree,
as defined in section 190.79 of the penal law; identity theft in the
first degree, as defined in section 190.80 of the penal law; promoting
prison contraband in the first degree, as defined in section 205.25 of
the penal law; tampering with a witness in the third degree, as defined
in section 215.11 of the penal law; tampering with a witness in the
second degree, as defined in section 215.12 of the penal law; tampering
with a witness in the first degree, as defined in section 215.13 of the
penal law; criminal contempt in the first degree, as defined in subdivi-
sions (b), (c) and (d) of section 215.51 of the penal law; aggravated
criminal contempt, as defined in section 215.52 of the penal law; bail
jumping in the second degree, as defined in section 215.56 of the penal
law; bail jumping in the first degree, as defined in section 215.57 of
the penal law; patronizing a prostitute in the second degree, as defined
in section 230.05 of the penal law; patronizing a prostitute in the
first degree, as defined in section 230.06 of the penal law; promoting
prostitution in the second degree, as defined in section 230.30 of the
penal law; promoting prostitution in the first degree, as defined in
section 230.32 of the penal law; compelling prostitution, as defined in
section 230.33 of the penal law; disseminating indecent materials to
minors in the second degree, as defined in section 235.21 of the penal
law; disseminating indecent materials to minors in the first degree, as
defined in section 235.22 of the penal law; riot in the first degree, as
defined in section 240.06 of the penal law; criminal anarchy, as defined
in section 240.15 of the penal law; aggravated harassment of an employee
by an inmate, as defined in section 240.32 of the penal law; unlawful
surveillance in the second degree, as defined in section 250.45 of the
penal law; unlawful surveillance in the first degree, as defined in
section 250.50 of the penal law; AGGRAVATED ENDANGERING THE WELFARE OF A
CHILD, AS DEFINED IN SECTION 260.09 OF THE PENAL LAW; endangering the
welfare of a vulnerable elderly person in the second degree, as defined
in section 260.32 of the penal law; endangering the welfare of a vulner-
able elderly person in the first degree, as defined in section 260.34 of
the penal law; use of a child in a sexual performance, as defined in
section 263.05 of the penal law; promoting an obscene sexual performance
by a child, as defined in section 263.10 of the penal law; possessing an
obscene sexual performance by a child, as defined in section 263.11 of
the penal law; promoting a sexual performance by a child, as defined in
section 263.15 of the penal law; possessing a sexual performance by a
child, as defined in section 263.16 of the penal law; criminal
possession of a weapon in the third degree, as defined in section 265.02
of the penal law; criminal sale of a firearm in the third degree, as
defined in section 265.11 of the penal law; criminal sale of a firearm
to a minor, as defined in section 265.16 of the penal law; unlawful
wearing of a body vest, as defined in section 270.20 of the penal law;
S. 7705 13
hate crimes as defined in section 485.05 of the penal law; and crime of
terrorism, as defined in section 490.25 of the penal law; or
S 22. Subparagraph 2 of paragraph (b) of subdivision 3 of section
358-a of the social services law, as added by chapter 7 of the laws of
1999, is amended to read as follows:
(2) the parent of such child has been convicted of (i) AGGRAVATED
MANSLAUGHTER OF A CHILD AS DEFINED IN SECTION 125.23 OR AGGRAVATED
MURDER OF A CHILD AS DEFINED IN SECTION 125.28 OR murder in the first
degree as defined in section 125.27 or murder in the second degree as
defined in section 125.25 of the penal law and the victim was another
child of the parent; or (ii) manslaughter in the first degree as defined
in section 125.20 or manslaughter in the second degree as defined in
section 125.15 of the penal law and the victim was another child of the
parent, provided, however, that the parent must have acted voluntarily
in committing such crime;
S 23. Clause (A) of subparagraph (iii) of paragraph (a) of subdivision
8 of section 384-b of the social services law, as amended by chapter 460
of the laws of 2006, is amended to read as follows:
(A) the parent of such child has been convicted of AGGRAVATED
MANSLAUGHTER OF A CHILD AS DEFINED IN SECTION 125.23, AGGRAVATED MURDER
OF A CHILD AS DEFINED IN SECTION 125.28, murder in the first degree as
defined in section 125.27, murder in the second degree as defined in
section 125.25, manslaughter in the first degree as defined in section
125.20, or manslaughter in the second degree as defined in section
125.15, and the victim of any such crime was another child of the parent
or another child for whose care such parent is or has been legally
responsible as defined in subdivision (g) of section one thousand twelve
of the family court act, or another parent of the child, unless the
convicted parent was a victim of physical, sexual or psychological abuse
by the decedent parent and such abuse was a factor in causing the homi-
cide; or has been convicted of an attempt to commit any of the foregoing
crimes, and the victim or intended victim was the child or another child
of the parent or another child for whose care such parent is or has been
legally responsible as defined in subdivision (g) of section one thou-
sand twelve of the family court act, or another parent of the child,
unless the convicted parent was a victim of physical, sexual or psycho-
logical abuse by the decedent parent and such abuse was a factor in
causing the attempted homicide;
S 24. This act shall take effect immediately.
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