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

                                10161--A

                          I N  A S S E M B L Y

                              March 8, 2010
                               ___________

Introduced by M. of A. LENTOL, GABRYSZAK, WEINSTEIN, GORDON, HYER-SPENC-
  ER,  KOON,  RAMOS, REILLY, SPANO, TITONE, ROSENTHAL, HEVESI, PAULIN --
  Multi-Sponsored by -- M. of A. ALESSI,  DESTITO,  RUSSELL,  STIRPE  --
  read  once  and  referred  to  the  Committee  on  Codes  -- 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  domestic
  relations  law,  the  executive  law, the family court act, the social
  services law, the mental hygiene law and the vehicle and traffic  law,
  in  relation to criminal obstruction of breathing or blood circulation
  and strangulation

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

  Section 1. Paragraphs (b) and (c) of subdivision 1 of section 70.02 of
the  penal  law, paragraph (b) as separately amended by chapters 764 and
765 of the laws of 2005 and paragraph (c) as amended by chapter 7 of the
laws of 2007, are amended to read as follows:
  (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, gang assault
in the second degree as defined in section 120.06, 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

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

                                                           LBD16268-06-0

A. 10161--A                         2

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
as defined in section 120.02, assault in the second degree as defined in
section 120.05, 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 2. The penal law is amended by adding a new article 121 to  read  as
follows:
                                ARTICLE 121
                   STRANGULATION AND RELATED OFFENSES
SECTION 121.11 CRIMINAL OBSTRUCTION OF BREATHING OR BLOOD CIRCULATION.
        121.12 STRANGULATION IN THE SECOND DEGREE.
        121.13 STRANGULATION IN THE FIRST DEGREE.
        121.14 MEDICAL OR DENTAL PURPOSE.
S 121.11 CRIMINAL OBSTRUCTION OF BREATHING OR BLOOD CIRCULATION.
  A  PERSON  IS  GUILTY  OF  CRIMINAL  OBSTRUCTION OF BREATHING OR BLOOD
CIRCULATION WHEN, WITH INTENT TO IMPEDE THE NORMAL BREATHING  OR  CIRCU-
LATION OF THE BLOOD OF ANOTHER PERSON, HE OR SHE:
  A. APPLIES PRESSURE ON THE THROAT OR NECK OF SUCH PERSON; OR
  B. BLOCKS THE NOSE OR MOUTH OF SUCH PERSON.
  CRIMINAL  OBSTRUCTION  OF  BREATHING OR BLOOD CIRCULATION IS A CLASS A
MISDEMEANOR.
S 121.12 STRANGULATION IN THE SECOND DEGREE.
  A PERSON IS GUILTY OF STRANGULATION IN THE SECOND DEGREE  WHEN  HE  OR
SHE  COMMITS  THE  CRIME  OF  CRIMINAL OBSTRUCTION OF BREATHING OR BLOOD
CIRCULATION, AS DEFINED IN SECTION 121.11 OF THIS ARTICLE,  AND  THEREBY
CAUSES  STUPOR,  LOSS  OF  CONSCIOUSNESS  FOR ANY PERIOD OF TIME, OR ANY
OTHER PHYSICAL INJURY OR IMPAIRMENT.
  STRANGULATION IN THE SECOND DEGREE IS A CLASS D FELONY.
S 121.13 STRANGULATION IN THE FIRST DEGREE.
  A PERSON IS GUILTY OF STRANGULATION IN THE FIRST DEGREE WHEN HE OR SHE
COMMITS THE CRIME OF CRIMINAL OBSTRUCTION OF BREATHING OR  BLOOD  CIRCU-

A. 10161--A                         3

LATION, AS DEFINED IN SECTION 121.11 OF THIS ARTICLE, AND THEREBY CAUSES
SERIOUS PHYSICAL INJURY TO SUCH OTHER PERSON.
  STRANGULATION IN THE FIRST DEGREE IS A CLASS C FELONY.
S 121.14 MEDICAL OR DENTAL PURPOSE.
  FOR PURPOSES OF SECTIONS 121.11, 121.12 AND 121.13 OF THIS ARTICLE, IT
SHALL  BE  AN  AFFIRMATIVE  DEFENSE  THAT  THE  DEFENDANT PERFORMED SUCH
CONDUCT FOR A VALID MEDICAL OR DENTAL PURPOSE.
  S 3. Paragraph (h) of subdivision 3 of section 190.25 of the  criminal
procedure  law, as separately amended by chapters 93 and 320 of the laws
of 2006, is amended to read as follows:
  (h) A social worker, rape  crisis  counselor,  psychologist  or  other
professional providing emotional support to a child witness twelve years
old or younger who is called to give evidence in a grand jury proceeding
concerning  a  crime  defined in article ONE HUNDRED TWENTY-ONE, ARTICLE
one hundred thirty, article two hundred sixty, section  120.10,  125.10,
125.15,  125.20, 125.25, 125.26, 125.27, 255.25, 255.26 or 255.27 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  4. Paragraph (b) of subdivision 8 of section 700.05 of the criminal
procedure law, as amended by chapter 472 of the laws of 2008, is amended
to read as follows:
  (b) Any of the following felonies: assault in  the  second  degree  as
defined  in section 120.05 of the penal law, 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, promot-
ing 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,  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, abortion
in the second degree as defined in section  125.40  of  the  penal  law,
abortion  in  the first degree as defined in section 125.45 of the penal
law, rape in the third degree as defined in section 130.25 of the  penal
law, rape in the second degree as defined in section 130.30 of the penal
law,  rape in the first degree as defined in section 130.35 of the penal
law, criminal sexual act in the  third  degree  as  defined  in  section
130.40  of  the  penal  law, criminal sexual act in the second degree as
defined in section 130.45 of the penal law, criminal sexual act  in  the
first degree as defined in section 130.50 of the penal law, sexual abuse
in  the  first  degree  as  defined  in section 130.65 of the penal law,
unlawful imprisonment in the first degree as defined in  section  135.10
of  the penal law, kidnapping in the second degree as defined in section
135.20 of the penal law, kidnapping in the first degree  as  defined  in
section 135.25 of the penal law, labor trafficking as defined in section
135.35  of  the penal law, custodial interference in the first degree as
defined in section 135.50 of the penal law, coercion in the first degree
as defined in section 135.65 of the penal law, criminal trespass in  the
first  degree as defined in section 140.17 of the penal law, burglary in
the third degree as defined in section 140.20 of the penal law, burglary

A. 10161--A                         4

in the second degree as defined in section  140.25  of  the  penal  law,
burglary  in  the first degree as defined in section 140.30 of the penal
law, criminal mischief in the third degree as defined in section  145.05
of  the  penal law, criminal mischief in the second degree as defined in
section 145.10 of the penal law, criminal mischief in the  first  degree
as defined in section 145.12 of the penal law, criminal tampering in the
first degree as defined in section 145.20 of the penal law, arson in the
fourth  degree  as  defined in section 150.05 of the penal law, arson in
the third degree as defined in section 150.10 of the penal law, arson in
the second degree as defined in section 150.15 of the penal  law,  arson
in the first degree as defined in section 150.20 of the penal law, grand
larceny  in  the fourth degree as defined in section 155.30 of the penal
law, grand larceny in the third degree as defined in section  155.35  of
the  penal law, grand larceny in the second degree as defined in section
155.40 of the penal law, grand larceny in the first degree as defined in
section 155.42 of the penal law, health care fraud in the fourth  degree
as  defined in section 177.10 of the penal law, health care fraud in the
third degree as defined in section 177.15 of the penal law, health  care
fraud  in  the  second  degree as defined in section 177.20 of the penal
law, health care fraud in the first degree as defined in section  177.25
of  the  penal  law,  robbery  in the third degree as defined in section
160.05 of the penal law, robbery in the  second  degree  as  defined  in
section  160.10 of the penal law, robbery in the first degree as defined
in section 160.15 of the penal law, unlawful use  of  secret  scientific
material  as  defined  in  section  165.07  of  the  penal law, criminal
possession of stolen property in the fourth degree as defined in section
165.45 of the penal law, criminal possession of stolen property  in  the
third  degree  as  defined  in section 165.50 of the penal law, criminal
possession of stolen property in the second degree as defined by section
165.52 of the penal law, criminal possession of stolen property  in  the
first  degree  as  defined by section 165.54 of the penal law, trademark
counterfeiting in the second degree as defined in section 165.72 of  the
penal  law,  trademark  counterfeiting in the first degree as defined in
section 165.73 of the penal law, forgery in the second degree as defined
in section 170.10 of the penal law,  forgery  in  the  first  degree  as
defined  in  section  170.15  of the penal law, criminal possession of a
forged instrument in the second degree as defined in section  170.25  of
the  penal  law, criminal possession of a forged instrument in the first
degree  as  defined  in  section  170.30  of  the  penal  law,  criminal
possession  of forgery devices as defined in section 170.40 of the penal
law, falsifying business records in  the  first  degree  as  defined  in
section  175.10  of  the penal law, tampering with public records in the
first degree as defined in section 175.25 of the penal law,  offering  a
false  instrument  for  filing in the first degree as defined in section
175.35 of the penal law, issuing  a  false  certificate  as  defined  in
section  175.40  of  the  penal  law, criminal diversion of prescription
medications and prescriptions in the second degree as defined in section
178.20 of the penal law, criminal diversion of prescription  medications
and  prescriptions  in  the first degree as defined in section 178.25 of
the penal law, residential  mortgage  fraud  in  the  fourth  degree  as
defined  in  section 187.10 of the penal law, residential mortgage fraud
in the third degree as defined in section 187.15 of the penal law, resi-
dential mortgage fraud in the second degree as defined in section 187.20
of the penal law, residential mortgage fraud  in  the  first  degree  as
defined  in section 187.25 of the penal law, escape in the second degree
as defined in section 205.10 of the  penal  law,  escape  in  the  first

A. 10161--A                         5

degree  as  defined  in section 205.15 of the penal law, absconding from
temporary release in the first degree as defined in  section  205.17  of
the  penal  law,  promoting  prison  contraband  in  the first degree as
defined in section 205.25 of the penal law, hindering prosecution in the
second  degree  as defined in section 205.60 of the penal law, hindering
prosecution in the first degree as defined  in  section  205.65  of  the
penal  law,  sex  trafficking  as defined in section 230.34 of the penal
law, 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  instru-
ments  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 5. Paragraph (c) of subdivision 3-a of section 115-d of the domestic
relations law, as added by chapter 7 of the laws of 1999, is amended  to
read as follows:
  (c)  For  the  purposes  of  this  subdivision,  "spousal abuse" is an
offense defined in section 120.05 [or], 120.10, 121.12, OR 121.13 of the
penal law where the victim of such offense was the  defendant's  spouse;
provided,  however, spousal abuse shall not include a crime in which the
applicant was the defendant, and the court finds in accordance with this
subdivision that he or she was the victim of physical, sexual or psycho-
logical abuse by the victim of such offense and such abuse was a  factor
in causing the applicant to commit such offense.
  S  6.  Paragraph  (f) of subdivision 7 of section 995 of the executive
law, as amended by chapter 2 of the laws of 2006, is amended to read  as
follows:
  (f)  any of the following misdemeanors: assault in the third degree as
defined in section 120.00 of the penal law; attempted aggravated assault
upon a person less than eleven years old, as defined in  section  110.00
and  section  120.12  of  the penal law; attempted menacing in the first
degree, as defined in section 110.00 and section  120.13  of  the  penal
law;  menacing  in the second degree as defined in section 120.14 of the
penal law; menacing in the third degree as defined in section 120.15  of
the  penal law; reckless endangerment in the second degree as defined in
section 120.20 of the penal  law;  stalking  in  the  fourth  degree  as
defined in section 120.45 of the penal law; stalking in the third degree
as defined in section 120.50 of the penal law; attempted stalking in the
second  degree,  as  defined in section 110.00 and section 120.55 of the
penal law; CRIMINAL OBSTRUCTION OF BREATHING  OR  BLOOD  CIRCULATION  AS
DEFINED IN SECTION 121.11 OF THE PENAL LAW; forcible touching as defined
in  section 130.52 of the penal law regardless of the age of the victim;
sexual abuse in the third degree as defined in  section  130.55  of  the
penal  law regardless of the age of the victim; unlawful imprisonment in
the second degree as defined in section 135.05 of the penal law  regard-
less  of  the  age of the victim; attempted unlawful imprisonment in the
first degree, as defined in section 110.00 and  section  135.10  of  the
penal  law regardless of the age of the victim; criminal trespass in the
second degree as defined in section 140.15 of the penal law;  possession

A. 10161--A                         6

of  burglar's tools as defined in section 140.35 of the penal law; petit
larceny as defined in section 155.25 of the penal law;  endangering  the
welfare of a child as defined in section 260.10 of the penal law; endan-
gering  the  welfare  of an incompetent or physically disabled person as
defined in section 260.25 OF THE PENAL LAW.
  S 7. Paragraph (a) of subdivision 1 of section  460.10  of  the  penal
law,  as  amended by section 30 of part AAA of chapter 56 of the laws of
2009, is amended to read as follows:
  (a) Any of the felonies set forth in this  chapter:  sections  120.05,
120.10 and 120.11 relating to assault; SECTIONS 121.12 AND 121.13 RELAT-
ING  TO  STRANGULATION;  sections 125.10 to 125.27 relating to homicide;
sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and
135.25 relating to kidnapping; section 135.35 relating  to  labor  traf-
ficking;  section  135.65  relating to coercion; sections 140.20, 140.25
and 140.30 relating to burglary;  sections  145.05,  145.10  and  145.12
relating  to  criminal  mischief;  article one hundred fifty relating to
arson; sections 155.30, 155.35, 155.40  and  155.42  relating  to  grand
larceny;  sections  177.10, 177.15, 177.20 and 177.25 relating to health
care fraud; article one hundred  sixty  relating  to  robbery;  sections
165.45,  165.50,  165.52  and  165.54 relating to criminal possession of
stolen property; sections 165.72 and 165.73 relating to trademark  coun-
terfeiting;  sections 170.10, 170.15, 170.25, 170.30, 170.40, 170.65 and
170.70 relating to forgery; sections 175.10, 175.25, 175.35, 175.40  and
210.40 relating to false statements; sections 176.15, 176.20, 176.25 and
176.30  relating to insurance fraud; sections 178.20 and 178.25 relating
to criminal diversion of  prescription  medications  and  prescriptions;
sections 180.03, 180.08, 180.15, 180.25, 180.40, 180.45, 200.00, 200.03,
200.04,  200.10, 200.11, 200.12, 200.20, 200.22, 200.25, 200.27, 215.00,
215.05 and 215.19 relating to bribery; sections 187.10,  187.15,  187.20
and  187.25  relating to residential mortgage fraud, sections 190.40 and
190.42 relating to criminal usury; section 190.65 relating to schemes to
defraud; sections 205.60 and 205.65 relating to  hindering  prosecution;
sections  210.10,  210.15,  and 215.51 relating to perjury and contempt;
section 215.40 relating to tampering with  physical  evidence;  sections
220.06,  220.09, 220.16, 220.18, 220.21, 220.31, 220.34, 220.39, 220.41,
220.43,  220.46,  220.55,  220.60  and  220.77  relating  to  controlled
substances;  sections  225.10  and 225.20 relating to gambling; sections
230.25, 230.30, and 230.32 relating to promoting  prostitution;  section
230.34  relating to sex trafficking; sections 235.06, 235.07, 235.21 and
235.22 relating to obscenity; sections 263.10  and  263.15  relating  to
promoting  a  sexual  performance  by  a child; sections 265.02, 265.03,
265.04, 265.11, 265.12, 265.13 and  the  provisions  of  section  265.10
which constitute a felony relating to firearms and other dangerous weap-
ons;  and  sections  265.14  and  265.16  relating to criminal sale of a
firearm; and section 275.10, 275.20, 275.30, or 275.40 relating to unau-
thorized recordings; and sections  470.05,  470.10,  470.15  and  470.20
relating to money laundering; or
  S  8.  Paragraph  (j)  of subdivision 2 of section 378-a of the social
services law, as added by chapter 7 of the laws of 1999, is  amended  to
read as follows:
  (j) For the purposes of this subdivision "spousal abuse" is an offense
defined  in  section  120.05 [or], 120.10, 121.12 OR 121.13 of the penal
law where the  victim  of  such  offense  was  the  defendant's  spouse;
provided,  however, spousal abuse shall not include a crime in which the
prospective foster parent or prospective adoptive parent,  who  was  the
defendant,  has received notice pursuant to paragraph (g) of this subdi-

A. 10161--A                         7

vision and the office of children and family services finds after a fair
hearing held pursuant to section twenty-two of this chapter, that he  or
she  was  the  victim  of physical, sexual or psychological abuse by the
victim  of  such  offense  and  such  abuse  was a factor in causing the
prospective foster parent or prospective adoptive parent to commit  such
offense.
  S  9.  The  opening  paragraph  of subdivision 1 of section 812 of the
family court act, as amended by chapter 476 of  the  laws  of  2009,  is
amended to read as follows:
  The  family court and the criminal courts shall have concurrent juris-
diction over any  proceeding  concerning  acts  which  would  constitute
disorderly  conduct,  harassment  in the first degree, harassment in the
second degree,  aggravated  harassment  in  the  second  degree,  sexual
misconduct,  forcible touching, sexual abuse in the third degree, sexual
abuse in the second degree as set forth in subdivision  one  of  section
130.60  of  the penal law, stalking in the first degree, stalking in the
second degree, stalking in the third  degree,  stalking  in  the  fourth
degree,  criminal  mischief,  menacing in the second degree, menacing in
the third degree, reckless endangerment, CRIMINAL OBSTRUCTION OF BREATH-
ING OR BLOOD CIRCULATION, STRANGULATION IN THE SECOND DEGREE, STRANGULA-
TION IN THE FIRST DEGREE, assault in the second degree, assault  in  the
third  degree or an attempted assault, CRIMINAL OBSTRUCTION OF BREATHING
OR BLOOD CIRCULATION OR STRANGULATION between spouses or former spouses,
or between parent and child or between members of  the  same  family  or
household  except that if the respondent would not be criminally respon-
sible by reason of age pursuant to section 30.00 of the penal law,  then
the family court shall have exclusive jurisdiction over such proceeding.
Notwithstanding a complainant's election to proceed in family court, the
criminal  court  shall  not be divested of jurisdiction to hear a family
offense proceeding pursuant to this section. For purposes of this  arti-
cle,  "disorderly  conduct"  includes disorderly conduct not in a public
place. For purposes of this article, "members  of  the  same  family  or
household" shall mean the following:
  S  10.  Subdivision (f) of section 10.03 of the mental hygiene law, as
added by chapter 7 of the laws of 2007, is amended to read as follows:
  (f) "Designated felony" means any felony offense defined by any of the
following provisions of the penal law: assault in the second  degree  as
defined  in  section  120.05,  assault in the first degree as defined in
section 120.10, gang assault in the second degree as defined in  section
120.06,  gang  assault in the first degree as defined in section 120.07,
stalking in the first degree as defined in section 120.60, STRANGULATION
IN THE SECOND DEGREE AS DEFINED IN SECTION 121.12, STRANGULATION IN  THE
FIRST  DEGREE  AS  DEFINED IN SECTION 121.13, manslaughter in the second
degree as defined in subdivision one of section 125.15, manslaughter  in
the  first  degree  as  defined  in section 125.20, murder in the second
degree as defined in section 125.25, aggravated  murder  as  defined  in
section 125.26, murder in the first degree as defined in section 125.27,
kidnapping in the second degree as defined in section 135.20, kidnapping
in  the first degree as defined in section 135.25, burglary in the third
degree as defined in section 140.20, burglary in the  second  degree  as
defined  in  section  140.25, burglary in the first degree as defined in
section 140.30, arson in the second degree as defined in section 150.15,
arson in the first degree as defined in section 150.20, robbery  in  the
third  degree as defined in section 160.05, robbery in the second degree
as defined in section 160.10, robbery in the first degree as defined  in
section  160.15,  promoting prostitution in the second degree as defined

A. 10161--A                         8

in section 230.30, promoting prostitution in the first degree as defined
in section 230.32, compelling prostitution as defined in section 230.33,
disseminating indecent material to minors in the first degree as defined
in  section 235.22, use of a child in a sexual performance as defined in
section 263.05, promoting an obscene sexual performance by  a  child  as
defined  in section 263.10, promoting a sexual performance by a child as
defined in section 263.15, or any felony attempt or conspiracy to commit
any of the foregoing offenses.
  S 11. The opening paragraph of subdivision 1 of section 530.11 of  the
criminal  procedure  law, as amended by chapter 476 of the laws of 2009,
is amended to read as follows:
  The family court and the criminal courts shall have concurrent  juris-
diction  over  any  proceeding  concerning  acts  which would constitute
disorderly conduct, harassment in the first degree,  harassment  in  the
second  degree,  aggravated  harassment  in  the  second  degree, sexual
misconduct, forcible touching, sexual abuse in the third degree,  sexual
abuse  in  the  second degree as set forth in subdivision one of section
130.60 of the penal law, stalking in the first degree, stalking  in  the
second  degree,  stalking  in  the  third degree, stalking in the fourth
degree, criminal mischief, menacing in the second  degree,  menacing  in
the  third  degree,  reckless  endangerment,  STRANGULATION IN THE FIRST
DEGREE, STRANGULATION IN THE  SECOND  DEGREE,  CRIMINAL  OBSTRUCTION  OF
BREATHING OR BLOOD CIRCULATION, assault in the second degree, assault in
the  third  degree  or  an  attempted  assault between spouses or former
spouses, or between parent and child or  between  members  of  the  same
family or household except that if the respondent would not be criminal-
ly  responsible  by reason of age pursuant to section 30.00 of the penal
law, then the family court shall have exclusive jurisdiction  over  such
proceeding. Notwithstanding a complainant's election to proceed in fami-
ly  court,  the  criminal court shall not be divested of jurisdiction to
hear a family offense proceeding pursuant to this section. For  purposes
of this section, "disorderly conduct" includes disorderly conduct not in
a  public  place.    For  purposes of this section, "members of the same
family or household" with respect to a proceeding in the criminal courts
shall mean the following:
  S 12. Subdivision 5 of section 60.05 of the penal law, as  amended  by
chapter 738 of the laws of 2004, is amended to read as follows:
  5.  Certain class D felonies. Except as provided in subdivision six of
this section, every person convicted of the class D felonies of  assault
in  the second degree as defined in section 120.05, STRANGULATION IN THE
SECOND DEGREE AS DEFINED IN SECTION 121.12 or attempt to commit a  class
C felony as defined in section 230.30 of this chapter, must be sentenced
in accordance with section 70.00 or 85.00 of this title.
  S  13. Subdivision 3 of section 485.05 of the penal law, as amended by
chapter 264 of the laws of 2003, is amended to read as follows:
  3. A "specified offense" is an offense defined by any of the following
provisions of  this  chapter:  section  120.00  (assault  in  the  third
degree);  section  120.05 (assault in the second degree); section 120.10
(assault in the first degree); section 120.12 (aggravated assault upon a
person less than eleven years old);  section  120.13  (menacing  in  the
first  degree);  section 120.14 (menacing in the second degree); section
120.15 (menacing in the third degree); section 120.20  (reckless  endan-
germent  in the second degree); section 120.25 (reckless endangerment in
the first degree); SECTION 121.12 (STRANGULATION IN THE SECOND  DEGREE);
SECTION  121.13  (STRANGULATION IN THE FIRST DEGREE); subdivision one of
section 125.15 (manslaughter in the second degree); subdivision one, two

A. 10161--A                         9

or four of section 125.20 (manslaughter in the  first  degree);  section
125.25  (murder  in  the second degree); section 120.45 (stalking in the
fourth degree); section 120.50 (stalking in the third  degree);  section
120.55  (stalking in the second degree); section 120.60 (stalking in the
first degree); subdivision one of section  130.35  (rape  in  the  first
degree);  subdivision  one of section 130.50 (criminal sexual act in the
first degree); subdivision one of section 130.65 (sexual  abuse  in  the
first  degree);  paragraph  (a)  of  subdivision  one  of section 130.67
(aggravated sexual abuse in the second degree); paragraph (a) of  subdi-
vision  one  of  section  130.70  (aggravated  sexual abuse in the first
degree); section 135.05 (unlawful imprisonment in  the  second  degree);
section  135.10  (unlawful  imprisonment  in  the first degree); section
135.20 (kidnapping in the second degree); section 135.25 (kidnapping  in
the  first  degree);  section  135.60  (coercion  in the second degree);
section 135.65 (coercion in the first degree); section 140.10  (criminal
trespass  in the third degree); section 140.15 (criminal trespass in the
second degree); section 140.17 (criminal trespass in the first  degree);
section  140.20 (burglary in the third degree); section 140.25 (burglary
in the second degree); section 140.30 (burglary in  the  first  degree);
section  145.00 (criminal mischief in the fourth degree); section 145.05
(criminal mischief  in  the  third  degree);  section  145.10  (criminal
mischief in the second degree); section 145.12 (criminal mischief in the
first  degree);  section  150.05  (arson  in the fourth degree); section
150.10 (arson in the third degree); section 150.15 (arson in the  second
degree);  section  150.20  (arson  in  the first degree); section 155.25
(petit larceny); section 155.30 (grand larceny in  the  fourth  degree);
section  155.35  (grand  larceny  in  the  third degree); section 155.40
(grand larceny in the second degree); section 155.42 (grand  larceny  in
the first degree); section 160.05 (robbery in the third degree); section
160.10  (robbery  in  the second degree); section 160.15 (robbery in the
first degree); section 240.25 (harassment in the first degree); subdivi-
sion one, two or four of section 240.30 (aggravated  harassment  in  the
second  degree); or any attempt or conspiracy to commit any of the fore-
going offenses.
  S 14. Subdivision 2 of section 130.91 of the penal law,  as  added  by
chapter 7 of the laws of 2007, is amended to read as follows:
  2.  A  "specified  offense"  is a felony offense defined by any of the
following provisions of this chapter: assault in the  second  degree  as
defined  in  section  120.05,  assault in the first degree as defined in
section 120.10, gang assault in the second degree as defined in  section
120.06,  gang  assault in the first degree as defined in section 120.07,
stalking in the first degree as defined in section 120.60, STRANGULATION
IN THE SECOND DEGREE AS DEFINED IN SECTION 121.12, STRANGULATION IN  THE
FIRST  DEGREE  AS  DEFINED IN SECTION 121.13, manslaughter in the second
degree as defined in subdivision one of section 125.15, manslaughter  in
the  first  degree  as  defined  in section 125.20, murder in the second
degree as defined in section 125.25, aggravated  murder  as  defined  in
section 125.26, murder in the first degree as defined in section 125.27,
kidnapping in the second degree as defined in section 135.20, kidnapping
in  the first degree as defined in section 135.25, burglary in the third
degree as defined in section 140.20, burglary in the  second  degree  as
defined  in  section  140.25, burglary in the first degree as defined in
section 140.30, arson in the second degree as defined in section 150.15,
arson in the first degree as defined in section 150.20, robbery  in  the
third  degree as defined in section 160.05, robbery in the second degree
as defined in section 160.10, robbery in the first degree as defined  in

A. 10161--A                        10

section  160.15,  promoting prostitution in the second degree as defined
in section 230.30, promoting prostitution in the first degree as defined
in section 230.32, compelling prostitution as defined in section 230.33,
disseminating indecent material to minors in the first degree as defined
in  section 235.22, use of a child in a sexual performance as defined in
section 263.05, promoting an obscene sexual performance by  a  child  as
defined  in section 263.10, promoting a sexual performance by a child as
defined in section 263.15, or any felony attempt or conspiracy to commit
any of the foregoing offenses.
  S 15. Paragraph (c) of subdivision 4 of section 509-cc of the  vehicle
and  traffic  law,  as  amended  by  chapter 345 of the laws of 2007, is
amended to read as follows:
  (c) The offenses referred to in subparagraph (i) of paragraph  (b)  of
subdivision one and subparagraph (i) of paragraph (c) of subdivision two
of  this  section  that  result in disqualification for a period of five
years shall include a conviction under sections 100.10, 105.13,  115.05,
120.03,  120.04,  120.04-a,  120.05,  120.10,  120.25,  121.12,  121.13,
125.13, 125.14, 125.40, 125.45, 130.20, 130.25, 130.55, 135.10,  135.55,
140.17,  140.25, 140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06,
220.09, 220.16, 220.31, 220.34, 220.60, 221.30, 221.50, 221.55,  230.00,
230.05,  230.06, 230.20, 230.25, 230.30, 230.32, 235.05, 235.06, 235.07,
235.21, 240.06, 245.00, 260.10, subdivision two of  section  260.20  and
sections  260.25, 265.02, 265.03, 265.08, 265.09, 265.10, 265.12, 265.35
of the penal law or an attempt to commit any of the  aforesaid  offenses
under section 110.00 of the penal law, or any similar offenses committed
under a former section 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 16. This act shall take effect on the ninetieth day after  it  shall
have become a law.