senate Bill S3582A

Enacts Erin's law; repealer

download pdf

Sponsor

Co-Sponsors

view all co-sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 25 / Feb / 2011
    • REFERRED TO CODES
  • 04 / Jan / 2012
    • REFERRED TO CODES
  • 05 / Jan / 2012
    • AMEND AND RECOMMIT TO CODES
  • 05 / Jan / 2012
    • PRINT NUMBER 3582A

Summary

Enacts "Erin's law"; 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; treats the offense of aggravated murder of a child in a manner similar to murder in the first degree; establishes the offenses of aggravated manslaughter of a child, aggravated abuse of a child in the first, second and third degrees, and aggravated endangering the welfare of a child; requires recording of calls to the statewide central register of child abuse and maltreatment and the investigation of the prior history of a report of child abuse; requires increased scrutiny and the presence of law enforcement during investigations of a report with prior history of a report of child abuse.

do you support this bill?

Bill Details

Versions:
S3582
S3582A
Legislative Cycle:
2011-2012
Current Committee:
Senate 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, 422, 424 & 420, Soc Serv L; amd §1012, Fam Ct Act
Versions Introduced in 2009-2010 Legislative Cycle:
S1510

Sponsor Memo

BILL NUMBER:S3582A

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 offense of aggravated murder of a child; to amend the penal law,
the criminal procedure law,
the vehicle and traffic law and the executive law,
in relation to establishing the offenses
of
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 and aggravated manslaughter of a child; to amend the penal law,
the criminal procedure law, the vehicle and traffic law and the
executive law,
in relation to establishing the offense of aggravated endangering the
welfare of a child;
to amend the social services law, in relation to aggravated manslaughter
of a child;
to amend the social services law, in relation to requiring the recording
of calls to the statewide central register of child abuse and
maltreatment made by persons required by law to report child abuse,
requiring the office of children and family services to investigate the
prior history of the subject of a report of child abuse or maltreatment
and requiring such office to inform a caller if a report cannot be taken;
requiring increased scrutiny and the presence of law enforcement
during the investigation of a child abuse or maltreatment
report with prior history of such reports;
to amend the family court act, in relation to the definition of the
term "neglected 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

PURPOSE:

To enact Erin's Law and establish increased protections for our
society's most vulnerable children.

SUMMARY OF PROVISIONS:

This legislation establishes the crimes of aggravated murder of a
child, aggravated manslaughter of a child, aggravated abuse of a
child in the first degree, and aggravated abuse of a child in the
second degree. The penalty for aggravated murder of a child shall be
life imprisonment without
parole, and the penalty for a conviction of attempted aggravated
murder of a child shall be at least twenty years but not more than
forty years imprisonment.

This legislation establishes the crime of aggravated manslaughter of a
child as a class B violent felony offense, and this legislation
establishes the the crime of aggravated abuse of a child in the first


degree as a class C violent felony. Finally, this bill established
the crime of aggravated abuse of a child in the second degree as a
class D violent felony.

This legislation reclassifies the crime of reckless assault of a child
by a child day care provider to the crime of aggravated abuse of a
child in the third degree, a class E felony.

In addition, this legislation establishes the crimes of aggravated
abuse of a child in the second degree (a class D felony) and the
crime of aggravated abuse of a child in the first degree (a class C
felony).

This legislation amends section 4-1.6 of the Estates, Powers and
Trusts Law to disqualify a joint tenant from inheriting if he or she
is convicted of the crime of aggravated murder of a child and the
victim is another joint tenant.

This legislation amends the Social Services Law to improve and
modernize the statewide central register of child abuse and
maltreatment. It requires reports made to this service to be recorded
and maintained for two years.

This legislation also amends the Social Services Law to require law
enforcement personnel to accompany child protective investigators to
a child's home when two or more reports have been received by a county
Department of Social Services within six months.

This bill amends section 420 of the Social Services Law to establish a
class E felony for any person who fails to report two or more
instances of child abuse within two years. This legislation updates
the definition of "neglected child" within the Family Court Act. The
last significant changes to this section occurred many years ago, and
caseworkers, law enforcement, attorneys and judges need a new, more
comprehensive definition to properly address the needs of the
children of New York State. The Family Court Act currently requires
that a child's "physical, mental or emotional condition" be
"impaired" or in "imminent danger of becoming impaired" before the
child can be considered a "neglected child." This high standard
hinders those who seek to protect children from a dangerous living
situation. The new definition strikes a better balance for the
protection of children when weighted against the competing interests
of parental rights.

In addition, this legislation updates the Family Court Act by imposing
new requirements upon parents for certain things they must supply or
are required to provide their child or children with.
These requirements -- which include a warm living environment, a
sanitary living environment, psychological and/or psychiatric care if
it can be afforded, emotional support, moral supervision, and
sustenance -- are supported by current case law.

Finally, the Family Court Act definition of "neglected child" is
amended to require parents to keep children free from disease and not
in a state of diminished physical growth. Like the other changes to
this section, this change is also supported by case law.


JUSTIFICATION:

Erin Maxwell, an 11 year old Oswego County girl, was found on August
29, 2008 fatally injured in her home. Erin later died at University
Hospital. The Onondaga County Medical Examiner stated that Erin
died of asphyxiation and also suffered sexual trauma.

Erin's stepbrother, Alan Jones, was later charged with her murder. Her
father and stepmother were each charged with six counts of
endangering the welfare of a child. Erin's life, like her death, was
tragic. Erin lived in deplorable, filthy, and inhuman conditions. Her
father, Lindsey Maxwell, admitted to authorities that the family kept
"Erin locked in her bedroom." The Maxwell home was full of about one
hundred cats and caged poultry. Officials at Erin's school frequently
smelled cat urine on Erin's clothes. Garbage was routinely piled on
the porch of the Maxwell house. Erin was fed little by her family and
was frequently hungry at school.

Oswego County Department of Social Services made three visits to the
Maxwell home. The final visit was in 2006. Caseworkers determined
that no problems existed in the Maxwell home and that the amount of
care given to Erin was adequate. The system failed Erin Maxwell. This
failure led to her very sad death. Through a number of steps, Erin's
Law will help to see that no child in this state is ever forced to
exist in conditions similar to Erin's. This legislation increases the
penalties for those who commit certain crimes against children,
requires better records of calls made alleging child abuse and
neglect, enhances the penalties for those who fail to report child
abuse or maltreatment on multiple occasions, and updates the
definition of "neglected child" to better serve the interests of New
York State's most vulnerable children.

This legislation cannot help Erin Maxwell, but it can affect the lives
of thousands of other New York children in similar situations.

LEGISLATIVE HISTORY:
S.1510 (2009-2010)
S.8782 (2008)

FISCAL IMPLICATIONS:

Undetermined.

LOCAL FISCAL IMPLICATIONS:

Undetermined.

EFFECTIVE DATE:

Immediately, provided that section 24 and 25 shall take effect 180
days after this act shall have become a law.

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

                                 3582--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 25, 2011
                               ___________

Introduced  by  Sens.  DeFRANCISCO,  BONACIC,  JOHNSON, LARKIN, MAZIARZ,
  O'MARA, RITCHIE -- read twice and ordered printed, and when printed to
  be committed to the Committee on Codes -- 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 committee

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  offense
  of  aggravated murder of a child; to amend the penal law, the criminal
  procedure law, the vehicle and traffic law and the executive  law,  in
  relation  to  establishing the offenses of 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  and  aggravated
  manslaughter  of  a child; to amend the penal law, the criminal proce-
  dure law, the vehicle and  traffic  law  and  the  executive  law,  in
  relation  to  establishing  the  offense of aggravated endangering the
  welfare of a child; to amend the social services law, in  relation  to
  aggravated  manslaughter of a child; to amend the social services law,
  in relation to requiring the  recording  of  calls  to  the  statewide
  central  register  of  child  abuse  and  maltreatment made by persons
  required by law to report child abuse, requiring the office  of  chil-
  dren  and  family  services  to  investigate  the prior history of the
  subject of a report of child abuse or maltreatment and requiring  such
  office  to  inform  a  caller  if  a report cannot be taken; requiring
  increased scrutiny and the presence  of  law  enforcement  during  the
  investigation  of  a  child  abuse  or  maltreatment report with prior
  history of such reports; to amend the family court act, in relation to
  the definition of the term "neglected child"; and to  repeal  subdivi-
  sion  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09420-02-1

S. 3582--A                          2

  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
"Erin's law".
  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
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

S. 3582--A                          3

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 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

S. 3582--A                          4

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
2006,  paragraph  (b)  as amended by chapter 148 of the laws of 2011 and
paragraph (c) as amended by chapter 405 of the laws of 2010, 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) of this subdivision; aggra-
vated criminally negligent homicide as defined in section 125.11, aggra-
vated manslaughter in the second degree as defined  in  section  125.21,
aggravated  sexual  abuse  in  the  second  degree as defined in section

S. 3582--A                          5

130.67, assault on a peace officer, police officer, fireman or emergency
medical services professional as defined in section 120.08, assault on a
judge as defined in section 120.09, 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 120.19-A, strangulation in the first degree
as defined in section 121.13, 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 120.19 menacing a police officer or peace officer  as
defined  in  section 120.18, stalking in the first degree, as defined in
subdivision one of section 120.60, strangulation in the second degree as
defined in section 121.12, 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. 3582--A                          6

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  120.19  and
120.19-a to read as follows:
S 120.19 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
  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 120.19-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

S. 3582--A                          7

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
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. 3582--A                          8

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:
  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 amended by chapter 405 of the laws of 2010, 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 twenty-one, article
one hundred thirty, article two hundred sixty, section  120.01,  120.19,
120.19-A,  120.10,  125.10,  125.15,  125.20,  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  partic-
ipate  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 405 of the laws of 2010, 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
120.19 OF THE PENAL LAW, AGGRAVATED ABUSE OF A CHILD IN THE FIRST DEGREE
AS  DEFINED  IN  SECTION 120.19-A OF THE PENAL LAW, assault in the first

S. 3582--A                          9

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,  strangulation in the second degree as defined in section 121.12 of
the penal law, strangulation in the first degree as defined  in  section
121.13  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,  crimi-
nal  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 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, crim-
inal 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

S. 3582--A                         10

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, issu-
ing 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  mort-
gage  fraud  in  the  fourth  degree as defined in section 187.10 of the
penal law, residential mortgage fraud in the third degree as defined  in
section  187.15  of  the  penal  law,  residential 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  contra-
band  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  weap-
ons,  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 400 of the laws of 2011, is
amended to read as follows:

S. 3582--A                         11

  (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, 125.13, 125.14, 125.15, 125.20, 125.21, 125.22,
125.25,  125.26, 125.27, 130.30, 130.35, 130.45, 130.50, 130.65, 130.66,
130.67, 130.70, 130.75, 130.80, 130.90, 130.95, 130.96, 135.25,  150.20,
230.30,  230.32,  230.34, 235.22, 263.05, 263.10, 263.11, 263.15, 263.16
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 aforesaid 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
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

S. 3582--A                         12

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 120.19 OF THE PENAL LAW; AGGRAVATED  ABUSE
OF  A  CHILD  IN THE FIRST DEGREE, AS DEFINED IN SECTION 120.19-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
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

S. 3582--A                         13

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, OR AN INCOMPETENT OR PHYSICALLY
DISABLED PERSON in the second degree, as defined in  section  260.32  of
the  penal  law; endangering the welfare of a vulnerable elderly person,
OR AN INCOMPETENT OR PHYSICALLY DISABLED 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  perform-
ance by a child, as defined in section 263.15 of the penal law; possess-
ing 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; 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

S. 3582--A                         14

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. Paragraph (a) of subdivision 2 of  section  422  of  the  social
services  law, as amended by chapter 574 of the laws of 2008, is amended
to read as follows:
  (a) The central register shall be capable of receiving telephone calls
alleging child abuse or  maltreatment  and  of  immediately  identifying
prior  reports  of child abuse or maltreatment and capable of monitoring
the provision of child protective service twenty-four hours a day, seven
days a week. To effectuate this purpose, but subject to  the  provisions
of  the  appropriate  local  plan  for the provision of child protective
services, there shall be a single statewide telephone  number  that  all
persons,  whether  mandated by the law or not, may use to make telephone
calls alleging child abuse or  maltreatment  and  that  all  persons  so
authorized  by this title may use for determining the existence of prior
reports in order to evaluate the condition or circumstances of a  child.
In  addition  to the single statewide telephone number, there shall be a
special unlisted express telephone  number  and  a  telephone  facsimile
number  for use only by persons mandated by law to make telephone calls,
WHICH SHALL BE RECORDED, or to transmit telephone facsimile  information
on  a form provided by the commissioner OF CHILDREN AND FAMILY SERVICES,
alleging child abuse or maltreatment, and for  use  by  all  persons  so
authorized  by this title for determining the existence of prior reports
in order to evaluate the condition or circumstances of a child.  FOR ANY
TELEPHONE CALL THAT CONSTITUTES A REPORT, SUCH RECORDING SHALL BE  MAIN-
TAINED  FOR  THE  LENGTH  OF TIME OTHERWISE REQUIRED BY THIS SECTION FOR
MAINTENANCE OF ALL RECORDS THAT RELATE TO SUCH REPORT. FOR ANY TELEPHONE
CALL THAT DOES NOT CONSTITUTE A REPORT, SUCH RECORDING  SHALL  BE  MAIN-
TAINED  FOR  TWO  YEARS. SUCH RECORDINGS SHALL BE CONFIDENTIAL AND SHALL
ONLY BE AVAILABLE TO THE STATEWIDE CENTRAL REGISTER OF CHILD  ABUSE  AND
MALTREATMENT  FOR  THE  PURPOSES OF QUALITY ASSURANCE AND ENHANCED CHILD
SAFETY. PROVIDED, HOWEVER, THAT A WRITTEN TRANSCRIPT OF  SUCH  RECORDING
MAY  ONLY  BE  OBTAINED  VIA  JUDICIAL  SUBPOENA BASED UPON THE JUDICIAL
DETERMINATION THAT SUCH TRANSCRIPT IS NECESSARY EVIDENCE IN  A  CRIMINAL
OR FAMILY COURT PROCEEDING PROVIDED FURTHER, THAT ANY INFORMATION RELAT-
ING  TO THE IDENTITY OF THE CALLER OR WHICH REASONABLY COULD LEAD TO THE
IDENTIFICATION OF THE CALLER SHALL BE  EXCLUDED  FROM  SUCH  TRANSCRIPT.
When  any allegations contained in such telephone calls could reasonably
constitute a report of child abuse  or  maltreatment,  such  allegations
shall  be immediately transmitted orally or electronically by the office
of children and family services to the appropriate local  child  protec-
tive  service for investigation. The inability of the person calling the
register to identify the alleged perpetrator shall, in no  circumstance,
constitute  the sole cause for the register to reject such allegation or
fail to transmit such allegation for investigation.  WHEN DETERMINING IF
THE ALLEGATIONS CONTAINED IN A TELEPHONE CALL COULD  REASONABLY  CONSTI-

S. 3582--A                         15

TUTE  A REPORT OF CHILD ABUSE OR MALTREATMENT, SUCH OFFICE SHALL EXAMINE
THE PRIOR HISTORY OF THE SUBJECT AND ANY OTHER PERSON NAMED IN THE ALLE-
GATION, SPECIFICALLY INCLUDING ALL PREVIOUS CALLS PLACED TO THE  CENTRAL
REGISTER  RELATING TO THE SUBJECT OR ANY OTHER PERSON NAMED IN THE ALLE-
GATION REGARDLESS OF WHETHER SUCH CALLS RESULTED IN  A  REPORT.  If  the
records  indicate  a previous report concerning a subject of the report,
the child alleged to be abused or maltreated, a sibling, other  children
in  the  household, other persons named in the report or other pertinent
information, the appropriate local child  protective  service  shall  be
immediately  notified  of  the  fact,  except as provided in subdivision
eleven of this section. If the report involves either (i) an  allegation
of an abused child described in paragraph (i), (ii) or (iii) of subdivi-
sion (e) of section one thousand twelve of the family court act or sexu-
al  abuse of a child or the death of a child or (ii) suspected maltreat-
ment which alleges any physical harm when the report is made by a person
required to report pursuant to section four  hundred  thirteen  of  this
title within six months of any other two reports that were indicated, or
may  still be pending, involving the same child, sibling, or other chil-
dren in the household or the subject of the report, the office of  chil-
dren  and family services shall identify the report as such and note any
prior reports when transmitting the report to the local child protective
services for investigation.
  S 25. Subdivision 2 of section 422  of  the  social  services  law  is
amended by adding a new paragraph (d) to read as follows:
  (D)  WHENEVER  A  TELEPHONE  CALL  TO  THE  STATEWIDE CENTRAL REGISTER
DESCRIBED IN THIS SECTION IS RECEIVED BY  THE  OFFICE  OF  CHILDREN  AND
FAMILY  SERVICES  AND NOT REGISTERED AS A REPORT, THE OFFICE OF CHILDREN
AND FAMILY SERVICES SHALL CONVEY TO THE CALLER THAT HE OR  SHE  HAS  THE
ABILITY TO DISCUSS WITH A SUPERVISOR THE REASONS FOR THE DECISION NOT TO
REGISTER THE REPORT.
  S  26.  Paragraph  (a)  of  subdivision 6 of section 424 of the social
services law, as amended by chapter 602 of the laws of 2008, is  amended
to read as follows:
  (a)  upon  receipt  of  such report, commence or cause the appropriate
society for the prevention of cruelty to children  to  commence,  within
twenty-four  hours,  an appropriate investigation which shall include an
evaluation of the environment of the child named in the report  and  any
other  children in the same home and a determination of the risk to such
children if they continue to remain in the existing home environment, as
well as a determination of the nature, extent and cause of any condition
enumerated in such report and the name, age and condition of other chil-
dren in the home, and, after seeing to the safety of the child or  chil-
dren,  forthwith  notify  the  subjects  of the report and other persons
named in the report in writing of the existence of the report and  their
respective  rights  pursuant to this title in regard to amendment.  SUCH
INVESTIGATION SHALL ALSO INCLUDE INCREASED SCRUTINY GIVEN TO THE  EVALU-
ATION  OF ANY REPORT RECEIVED WITHIN SIX MONTHS OF ANY OTHER TWO REPORTS
THAT WERE INDICATED OR MAY STILL BE PENDING INVOLVING  THE  SAME  CHILD,
SIBLING, OR OTHER CHILDREN IN THE HOUSEHOLD.
  S  27.  Section  424 of the social services law is amended by adding a
new subdivision 6-c to read as follows:
  6-C. UPON RECEIPT OF A REPORT WHICH IS RECEIVED WITHIN SIX  MONTHS  OF
ANY  OTHER  TWO  REPORTS  THAT  WERE  INDICATED  OR MAY STILL BE PENDING
INVOLVING THE SAME CHILD, SIBLING, OR OTHER CHILD IN  THE  HOUSEHOLD,  A
CHILD PROTECTIVE INVESTIGATOR SHALL CONTACT LAW ENFORCEMENT TO ACCOMPANY
SUCH INVESTIGATOR TO THE CHILD, CHILDREN AND/OR HOME AND LAW ENFORCEMENT

S. 3582--A                         16

SHALL REMAIN WHERE THE CHILD OR CHILDREN ARE OR ARE BELIEVED TO BE PRES-
ENT DURING THE COURSE OF THE INVESTIGATION.
  S  28.  Section  420 of the social services law is amended by adding a
new subdivision 3 to read as follows:
  3. A PERSON WHO IS CONVICTED OF A SECOND OR SUBSEQUENT  OFFENSE  UNDER
THIS SECTION WITHIN TWO YEARS OF THE PRIOR CONVICTION SHALL BE GUILTY OF
A CLASS E FELONY.
  S  29.    Subdivision  (f) of section 1012 of the family court act, as
added by chapter 962 of the laws of 1970, subparagraph (A) of  paragraph
(i)  as  amended by chapter 469 of the laws of 1971, subparagraph (B) of
paragraph (i) as amended by chapter 984 of the laws of  1981  and  para-
graph  (ii) as amended by chapter 666 of the laws of 1976, is amended to
read as follows:
  (f) "Neglected child" means a child less than eighteen years of age
  (i) whose physical, mental or emotional condition has been impaired or
is in [imminent] danger of becoming impaired as a result of the  failure
of  his OR HER parent or other person legally responsible for his OR HER
care to exercise a minimum degree of care
  (A) in supplying the child with adequate food, clothing, shelter [or],
A SANITARY LIVING ENVIRONMENT, PROPER  SUPERVISION,  WARMTH,  SUSTENANCE
AND  education  in accordance with the provisions of part one of article
sixty-five of the education law OR ANY OTHER BASIC NECESSITY OF LIFE, or
medical, dental, optometrical  or  surgical  care,  INCLUDING,  BUT  NOT
LIMITED  TO,  PREVENTIVE  CARE SUCH AS IMMUNIZATIONS, REMEDIAL CARE, AND
PSYCHOLOGICAL AND/OR PSYCHIATRIC CARE, though financially able to do  so
or offered financial or other reasonable means to do so; or
  (B) in providing the child with proper supervision [or], guardianship,
MORAL  SUPERVISION,  EMOTIONAL  SUPPORT, AND INSTRUCTION by unreasonably
inflicting or allowing to be inflicted harm, or a substantial risk ther-
eof, including the infliction of excessive corporal  punishment;  or  by
misusing  a  drug  or  drugs;  or by misusing alcoholic beverages to the
extent that he loses self-control of his actions; OR  BY  ALLOWING  SUCH
CHILD  MULTIPLE  UNEXCUSED  ABSENCES  FROM  SCHOOL; OR BY SUFFERING FROM
AGGRESSIVENESS, POOR IMPULSE CONTROL, OR PARANOIA; or by any other  acts
of  a similarly serious nature requiring the aid of the court; provided,
however, that where the respondent is voluntarily and regularly  partic-
ipating  in  a  rehabilitative program, evidence that the respondent has
repeatedly misused a drug or drugs or alcoholic beverages to the  extent
that  he  loses self-control of his actions shall not establish that the
child is a neglected child in the absence of evidence establishing  that
the child's physical, mental or emotional condition has been impaired or
is  in  [imminent] danger of becoming impaired as set forth in paragraph
(i) of this subdivision; or
  (C) TO KEEP SUCH CHILD FREE  FROM  DISEASE  AND  NOT  IN  A  STATE  OF
SUBSTANTIALLY DIMINISHED PHYSICAL GROWTH; OR
  (ii)  who  has  been  abandoned, in accordance with the definition and
other criteria set forth in subdivision five of  section  three  hundred
eighty-four-b of the social services law, by his parents or other person
legally responsible for his care.
  S 30. This act shall take effect immediately; provided that:
  (a) sections twenty-four and twenty-five of this act shall take effect
on the one hundred eightieth day after it shall have become a law;
  (b)  section  nineteen  of this act shall take effect on the same date
and in the same manner as section 1 of chapter 400 of the laws of  2011,
takes effect; and

S. 3582--A                         17

  (c)  effective  immediately,  the addition, amendment and/or repeal of
any rule or regulation necessary for the implementation of this  act  on
its  effective date are authorized and directed to be made and completed
on or before such effective date.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.