senate Bill S3535

Enacts the child protection act of 2013; repealer

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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  • 05 / Feb / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • REFERRED TO CODES

Summary

Enacts the child protection act of 2013; 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.

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Bill Details

Versions:
S3535
Legislative Cycle:
2013-2014
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 §§358-a & 384-b, Soc Serv L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S3285
2009-2010: S7705

Sponsor Memo

BILL NUMBER:S3535

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 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 2013."

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-1 felony of
aggravated murder of a child is also a class A-1 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 reck-
lessly 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 aggra-
vated 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-1 felony offense of aggra-
vated 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 endan-
gering 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 prose-
cution 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 regard-
ing 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 proper-
ty 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 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 23 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 disproportion-
ately low punishments as to permit serious child abuse to have essen-
tially 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 2011 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 espe-
cially 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 misde-
meanors. 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 danger-
ous 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 impos-
sible 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) 2009-10
- S.7705 - Passed Senate

Assembly: 2009-10 - A.11035 (Lentol) - Referred to Codes

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, with provisions.

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

                                  3535

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 5, 2013
                               ___________

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 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

  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 2013".
  S 2. Section 10.00 of the penal law  is  amended  by  adding  two  new
subdivisions 22 and 23 to read as follows:
  22.  "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.
  23. "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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04667-02-3

S. 3535                             2

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
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

S. 3535                             3

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
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. 3535                             4

  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,  and paragraphs (b) and (c) as amended by chapter 1 of the laws of
2013, 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
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 120.09-B, 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, aggravated criminal
possession of a weapon as  defined  in  section  265.19,  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 chemi-
cal 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

S. 3535                             5

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-A, 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,  eight, nine or ten 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-a and
120.09-b to read as follows:
S 120.09-A 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

S. 3535                             6

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 120.09-B 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 BEING A PERSON IN A POSI-
TION OF TRUST OF A CHILD LESS THAN FOURTEEN YEARS OLD, HE OR  SHE  RECK-
LESSLY 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

S. 3535                             7

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 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,

S. 3535                             8

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, 120.09-A,
120.09-B,  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 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
120.09-A OF THE PENAL LAW, AGGRAVATED ABUSE OF  A  CHILD  IN  THE  FIRST
DEGREE  AS  DEFINED IN SECTION 120.09-B OF THE PENAL LAW, assault in the
first degree as defined in section 120.10 of  the  penal  law,  reckless
endangerment  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, AGGRA-
VATED 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

S. 3535                             9

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
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

S. 3535                            10

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, 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 400  of  the  laws  of  2011,  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, 125.13, 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-THREE 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

S. 3535                            11

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. 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 22. 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

S. 3535                            12

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  23.  This act shall take effect immediately; provided, however that
the amendments to paragraphs (b) and (c) of  subdivision  1  of  section
70.02 of the penal law made by section six of this act shall take effect
on  the  same  date and in the same manner as section 27 of chapter 1 of
the laws of 2013, as amended, takes effect.

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