NY State Assembly Bill 2009-A8801

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Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to codes
Jun 09, 2009	referred to codes

2009-A8801 (ACTIVE) - Details

Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Add §§120.05-a, 120.11-a, 125.11-a, 125.21-a, 125.21-b & 125.26-a, amd §§120.11, 120.12 & 485.05, Pen L; amd §995, Exec L; amd §§352.2, 754, 1039-b & 1052, Fam Ct Act; amd §410, Gen Bus L; amd §§358-a & 384-b, Soc Serv L
Versions Introduced in 2011-2012 Legislative Session:: A1494

2009-A8801 (ACTIVE) - Summary

Enacts the "child assault reform act" (CARE); creates the crimes of aggravated assault upon a person less than twelve years old in the first and second degrees; creates the crime of aggravated criminally negligent homicide upon a person less than twelve years old; creates the crimes of aggravated manslaughter upon a person less than twelve years old in the first and second degrees

2009-A8801 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A8801

TITLE  OF  BILL:   An act to amend the penal law, the executive law, the
family court act, the general business law, and the social services law,
in relation to enacting the "child assault reform act" (CARE)

PURPOSE:  To increase the penalties for those who injure or  kill  chil-
dren.

SUMMARY OF PROVISIONS:  Section 1 contains legislative findings.

Section 2 contains the title of the act.

Section 3 adds a new subdivision, Penal Law 120.05-a, Aggravated Assault
in the second degree upon a person less than twelve years of age.

Section  4  amends  Penal  Law  to make Aggravated Assault upon a police
officer or a peace officer a Class A felony.

Section 5 adds a new subdivision, Penal Law 120.11-a, which creates  the
offense  of aggravated assault on a person less than twelve years old, a
class A felony.

Section 6 amends 120.12 of the Penal Law to expand the existing age  for
aggravated  assault  of  a  child from eleven to twelve. In addition, it
removes the requirement that the offender have a previous conviction for

assault of a child before being subject to the enhanced penalty.

Section 7 adds a new subdivision, Penal Law 125.11-a  Aggravated  Crimi-
nally Negligent homicide upon a person less than twelve years of age.

Section  8  adds  a  new  Penal  Law  subdivision  125.21-a,  Aggravated
Manslaughter upon a person less than twelve years of age in  the  second
degree.

Section  9  adds  a  new  subdivision,  Penal  Law  125 22-a, Aggravated
Manslaughter upon a person less than twelve years of age  in  the  first
degree.

Section 10 adds a new subdivision, Penal Law 125.26-a, Aggravated Murder
of  a  person  less  than  twelve years of age. Each of the new homicide
subdivisions would make crimes against persons under twelve years of age
analogous to crimes against police officers.

JUSTIFICATION:  By increasing the existing age for Aggravated Assault of
a child from eleven to twelve the act  would  protect  all  children  of
elementary  school  age and younger. These pre-teenage and younger chil-
dren are the most vulnerable and the least able to  defend  and  protect
themselves,

In addition to increasing the class of children covered, this bill would
provide  for harsher penalties upon those who cause physical injury to a

child By removing the prerequisite of a previous assault on a child,  an
offender would no longer be subject to a mere misdemeanor the first time
he  or  she  physically  harms a defenseless child; but would instead be
subject  to  a  class  E  felony and the potential of state prison time.
Also, by adding Aggravated Assault upon a person less than twelve  years
of  age  in the first and second degrees, the Act stiffens the penalties
for acts constituting assault in the first or second  degrees  when  the
victim is a child under age 12 by making each a higher class felony.

In  addition  to  increasing  the penalties for assault on children less
than twelve years of age, the act also increases the penalties for kill-
ing children less than twelve years of age. All too often  children  are
the  targets of violence or get caught in the cross-fire, it is time for
the State of New York to stand up for the  most  vulnerable  members  of
society and increase the penalties for offenders who kill innocent chil-
dren.

On  May  29, 2008, a ten year old girl was shot and killed while playing
in front of her Albany, New York home Kathina Thomas was  not  the  only
such  child  victim  of  a  random act of violence, just the latest. The
violence against children in the State of New York is not  isolated  and
needs to be addressed. The C.A.R.E. initiative sends a message to crimi-
nals  who  would  inflict physical harm on children that such crimes are
not tolerated and there will be harsh  penalties  in  response  to  such
actions.  Those  offenders  who  recklessly  or with criminal negligence
discharge firearms, use deadly weapons  or  dangerous  instruments  that
cause the injury or death of a child under twelve years of age will also
receive  enhanced  penalties. This act will deter those who would commit
acts of violence against children from committing such acts.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS:   Minimal; offenders  will  receive  longer  prison
sentences  at  additional  cost to the State of New York, but such costs
will be offset by the societal benefits of  having  dangerous  criminals
off the streets thereby preventing future crimes.

EFFECTIVE DATE:  This act shall take effect on the 90th day.

2009-A8801 (ACTIVE) - Bill Text download pdf

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

                                  8801

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              June 9, 2009
                               ___________

Introduced  by M. of A. TEDISCO -- read once and referred to the Commit-
  tee on Codes

AN ACT to amend the penal law, the executive law, the family court  act,
  the  general business law, and the social services law, in relation to
  enacting the "child assault reform act" (CARE)

  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 assault reform act" (CARE).
  S 2. Legislative findings and intent. The purpose of this  act  is  to
provide  local  law enforcement officials with a comprehensive statutory
framework to combat crimes committed against children less  than  twelve
years  of  age.  Children  under  the age of twelve are some of the most
vulnerable members of society and have increasingly become  the  targets
of  violence  in  cities  throughout  the  state  of New York. The child
assault reform act, known as CARE, will help protect the children of the
state by increasing the penalties for assaults and unlawful killings  of
children less than twelve years of age.
  S 3. The penal law is amended by adding a new section 120.05-a to read
as follows:
S 120.05-A AGGRAVATED  ASSAULT  UPON A PERSON LESS THAN TWELVE YEARS OLD
             IN THE SECOND DEGREE.
  A PERSON IS GUILTY OF AGGRAVATED  ASSAULT  UPON  A  PERSON  LESS  THAN
TWELVE  YEARS  OLD IN THE SECOND DEGREE WHEN BEING EIGHTEEN YEARS OLD OR
MORE THE DEFENDANT:
  1. WITH INTENT TO CAUSE SERIOUS PHYSICAL  INJURY  TO  ANOTHER  PERSON,
LESS THAN TWELVE YEARS OLD, HE CAUSES SUCH INJURY TO SUCH PERSON OR TO A
THIRD PERSON; OR
  2.  WITH  INTENT TO CAUSE PHYSICAL INJURY TO ANOTHER PERSON, HE CAUSES
SUCH INJURY TO SUCH PERSON, LESS THAN TWELVE YEARS OF AGE, OR TO A THIRD

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11815-01-9

A. 8801                             2

PERSON, LESS THAN TWELVE YEARS OF AGE BY MEANS OF A DEADLY WEAPON  OR  A
DANGEROUS INSTRUMENT; OR
  3.  HE  RECKLESSLY  CAUSES  SERIOUS PHYSICAL INJURY TO ANOTHER PERSON,
LESS THAN TWELVE YEARS OF AGE, BY MEANS OF A DEADLY WEAPON OR A  DANGER-
OUS INSTRUMENT; OR
  4.  FOR  A PURPOSE OTHER THAN LAWFUL MEDICAL OR THERAPEUTIC TREATMENT,
HE  INTENTIONALLY  CAUSES  STUPOR,  UNCONSCIOUSNESS  OR  OTHER  PHYSICAL
IMPAIRMENT  OR  INJURY TO ANOTHER PERSON, LESS THAN TWELVE YEARS OF AGE,
BY ADMINISTERING TO HIM, WITHOUT HIS CONSENT, A DRUG, SUBSTANCE OR PREP-
ARATION CAPABLE OF PRODUCING THE SAME; OR
  5. IN THE COURSE OF AND IN FURTHERANCE OF THE COMMISSION OR  ATTEMPTED
COMMISSION  OF  A  FELONY,  OTHER  THAN  A FELONY DEFINED IN ARTICLE ONE
HUNDRED THIRTY WHICH REQUIRES CORROBORATION FOR CONVICTION, OR OF  IMME-
DIATE  FLIGHT  THEREFROM,  HE,  OR  ANOTHER PARTICIPANT IF THERE BE ANY,
CAUSES PHYSICAL INJURY TO A PERSON, UNDER TWELVE  YEARS  OF  AGE,  OTHER
THAN ONE OF THE PARTICIPANTS; OR
  6.  ACTING  AT A PLACE THE PERSON KNOWS, OR REASONABLY SHOULD KNOW, IS
ON SCHOOL GROUNDS AND WITH INTENT TO CAUSE PHYSICAL INJURY,  HE  OR  SHE
NOT  BEING  A  STUDENT  OF SUCH SCHOOL OR PUBLIC SCHOOL DISTRICT, CAUSES
PHYSICAL INJURY TO ANOTHER, UNDER TWELVE YEARS OF AGE,  AND  SUCH  OTHER
PERSON  IS  A  STUDENT  OF  SUCH  SCHOOL WHO IS ATTENDING OR PRESENT FOR
EDUCATIONAL PURPOSES. FOR PURPOSES OF THIS SUBDIVISION THE TERM  "SCHOOL
GROUNDS"  SHALL  HAVE  THE  MEANING SET FORTH IN SUBDIVISION FOURTEEN OF
SECTION 220.00 OF THIS CHAPTER.
  AGGRAVATED ASSAULT UPON A PERSON LESS THAN TWELVE  YEARS  OLD  IN  THE
SECOND DEGREE IS A CLASS C FELONY.
  S 4. Section 120.11 of the penal law, as amended by chapter 283 of the
laws of 1993, is amended to read as follows:
S 120.11 Aggravated assault upon a police officer or a peace officer.
  A  person  is  guilty of aggravated assault upon a police officer or a
peace officer when, with intent to cause serious physical  injury  to  a
person whom he knows or reasonably should know to be a police officer or
a peace officer engaged in the course of performing his official duties,
he  causes  such injury by means of a deadly weapon or dangerous instru-
ment.
  Aggravated assault upon a police officer or a peace officer is a class
[B] A felony.
  S 5. The penal law is amended by adding a new section 120.11-a to read
as follows:
S 120.11-A AGGRAVATED ASSAULT UPON A PERSON LESS THAN TWELVE  YEARS  OLD
             IN THE FIRST DEGREE.
  A  PERSON  IS  GUILTY  OF  AGGRAVATED  ASSAULT UPON A PERSON LESS THAN
TWELVE YEARS OLD IN THE FIRST DEGREE WHEN BEING EIGHTEEN  YEARS  OLD  OR
MORE, WITH INTENT TO CAUSE SERIOUS PHYSICAL INJURY TO A PERSON LESS THAN
TWELVE  YEARS  OF AGE, HE CAUSES SUCH INJURY BY MEANS OF A DEADLY WEAPON
OR DANGEROUS INSTRUMENT.
  AGGRAVATED ASSAULT UPON A PERSON LESS THAN TWELVE  YEARS  OLD  IN  THE
FIRST DEGREE IS A CLASS A FELONY.
  S  6.  Section 120.12 of the penal law, as added by chapter 477 of the
laws of 1990, is amended to read as follows:
S 120.12 Aggravated assault upon a  person  less  than  [eleven]  TWELVE
           years old.
  A  person  is  guilty  of  aggravated  assault upon a person less than
[eleven] TWELVE years old when being eighteen  years  old  or  more  the
defendant commits the crime of assault in the third degree as defined in
section  120.00  of this article upon a person less than [eleven] TWELVE

A. 8801                             3

years old [and has been previously convicted of such crime upon a person
less than eleven years old within the preceding three years].
  Aggravated  assault  upon a person less than [eleven] TWELVE years old
is a class E felony.
  S 7. The penal law is amended by adding a new section 125.11-a to read
as follows:
S 125.11-A AGGRAVATED CRIMINALLY NEGLIGENT HOMICIDE UPON A  PERSON  LESS
             THAN TWELVE YEARS OLD.
  A  PERSON IS GUILTY OF AGGRAVATED CRIMINALLY NEGLIGENT HOMICIDE UPON A
PERSON LESS THAN TWELVE YEARS OLD WHEN BEING EIGHTEEN YEARS OLD OR MORE,
WITH CRIMINAL NEGLIGENCE, HE OR SHE CAUSES THE DEATH OF  A  CHILD  UNDER
TWELVE YEARS OLD.
  AGGRAVATED  CRIMINALLY  NEGLIGENT  HOMICIDE  UPON  A  PERSON LESS THAN
TWELVE YEARS OLD IS A CLASS C FELONY.
  S 8. The penal law is amended by adding a new section 125.21-a to read
as follows:
S 125.21-A AGGRAVATED MANSLAUGHTER UPON A PERSON LESS THAN TWELVE  YEARS
             OLD IN THE SECOND DEGREE.
  A  PERSON IS GUILTY OF AGGRAVATED MANSLAUGHTER UPON A PERSON LESS THAN
TWELVE YEARS OLD IN THE SECOND DEGREE WHEN BEING EIGHTEEN YEARS  OLD  OR
MORE,  HE OR SHE RECKLESSLY CAUSES THE DEATH OF A CHILD LESS THAN TWELVE
YEARS OF AGE.
  AGGRAVATED MANSLAUGHTER UPON A PERSON LESS THAN TWELVE  YEARS  OLD  IN
THE SECOND DEGREE IS A CLASS C FELONY.
  S 9. The penal law is amended by adding a new section 125.21-b to read
as follows:
S 125.21-B AGGRAVATED  MANSLAUGHTER UPON A PERSON LESS THAN TWELVE YEARS
             OLD IN THE FIRST DEGREE.
  A PERSON IS GUILTY OF AGGRAVATED MANSLAUGHTER UPON A PERSON LESS  THAN
TWELVE  YEARS  OLD  IN THE FIRST DEGREE WHEN BEING EIGHTEEN YEARS OLD OR
MORE:
  1. WITH INTENT TO CAUSE SERIOUS PHYSICAL INJURY TO A PERSON LESS  THAN
TWELVE YEARS OF AGE, HE CAUSES THE DEATH OF SUCH PERSON; OR
  2.  WITH  INTENT TO CAUSE THE DEATH OF A PERSON LESS THAN TWELVE YEARS
OF AGE, HE OR SHE CAUSES THE DEATH OF SUCH  PERSON  UNDER  CIRCUMSTANCES
WHICH  DO  NOT CONSTITUTE MURDER BECAUSE HE OR SHE ACTS UNDER THE INFLU-
ENCE OF EXTREME EMOTIONAL DISTURBANCE, AS DEFINED IN  PARAGRAPH  (A)  OF
SUBDIVISION  ONE  OF SECTION 125.25 OF THIS ARTICLE. THE FACT THAT HOMI-
CIDE WAS COMMITTED UNDER THE INFLUENCE OF EXTREME EMOTIONAL  DISTURBANCE
CONSTITUTES  A  MITIGATING  CIRCUMSTANCE  REDUCING  MURDER TO AGGRAVATED
MANSLAUGHTER IN THE FIRST DEGREE OR MANSLAUGHTER IN THE FIRST DEGREE AND
NEED NOT BE PROVED IN ANY PROSECUTION INITIATED UNDER THIS SUBDIVISION.
  AGGRAVATED MANSLAUGHTER UPON A PERSON LESS THAN TWELVE  YEARS  OLD  IN
THE FIRST DEGREE IS A CLASS B FELONY.
  S  10.  The  penal  law is amended by adding a new section 125.26-a to
read as follows:
S 125.26-A AGGRAVATED MURDER UPON A PERSON LESS THAN TWELVE YEARS OLD.
  A PERSON IS GUILTY OF AGGRAVATED MURDER UPON A PERSON LESS THAN TWELVE
YEARS OLD WHEN BEING EIGHTEEN YEARS OLD OR MORE:
  1. WITH INTENT TO CAUSE THE DEATH OF A PERSON, HE OR  SHE  CAUSES  THE
DEATH OF A PERSON WHO WAS LESS THAN TWELVE YEARS OF AGE.
  2.  IN ANY PROSECUTION UNDER SUBDIVISION ONE OF THIS SECTION, IT IS AN
AFFIRMATIVE DEFENSE THAT THE DEFENDANT  ACTED  UNDER  THE  INFLUENCE  OF
EXTREME  EMOTIONAL DISTURBANCE FOR WHICH THERE WAS A REASONABLE EXPLANA-
TION OR EXCUSE, THE REASONABLENESS OF WHICH IS TO BE DETERMINED FROM THE
VIEWPOINT OF A PERSON IN THE DEFENDANT'S  SITUATION  UNDER  THE  CIRCUM-

A. 8801                             4

STANCES  AS THE DEFENDANT BELIEVED THEM TO BE. NOTHING CONTAINED IN THIS
SUBDIVISION SHALL CONSTITUTE A DEFENSE TO A PROSECUTION FOR, OR PRECLUDE
A  CONVICTION  OF,  AGGRAVATED  MANSLAUGHTER  IN   THE   FIRST   DEGREE,
MANSLAUGHTER IN THE FIRST DEGREE OR ANY OTHER CRIME EXCEPT MURDER IN THE
SECOND DEGREE.
  AGGRAVATED  MURDER UPON A PERSON LESS THAN TWELVE YEARS OLD IS A CLASS
A-I FELONY.
  S 11. 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 120.05-A
(AGGRAVATED ASSAULT UPON A PERSON LESS THAN  TWELVE  YEARS  OLD  IN  THE
SECOND  DEGREE);  section  120.10 (assault in the first degree); SECTION
120.11-A (AGGRAVATED ASSAULT UPON A PERSON LESS THAN TWELVE YEARS OLD IN
THE FIRST DEGREE); section 120.12 (aggravated assault upon a person less
than [eleven] TWELVE 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 endangerment in
the second degree); section 120.25 (reckless endangerment in  the  first
degree); SECTION 125.11-A (AGGRAVATED CRIMINALLY NEGLIGENT HOMICIDE UPON
A  PERSON LESS THAN TWELVE YEARS OLD); subdivision one of section 125.15
(manslaughter in the second degree); subdivision one,  two  or  four  of
section  125.20  (manslaughter  in  the  first degree); SECTION 125.21-A
(AGGRAVATED MANSLAUGHTER UPON A PERSON LESS THAN TWELVE YEARS OLD IN THE
SECOND DEGREE); SECTION 125.21-B (AGGRAVATED MANSLAUGHTER UPON A  PERSON
LESS  THAN TWELVE YEARS OLD IN THE FIRST DEGREE); section 125.25 (murder
in the second degree); SECTION 125.26-A (AGGRAVATED MURDER UPON A PERSON
LESS THAN TWELVE YEARS OLD); 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 subdivision 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

A. 8801                             5

the second degree);  section  160.15  (robbery  in  the  first  degree);
section 240.25 (harassment in the first degree); subdivision one, two or
four  of section 240.30 (aggravated harassment in the second degree); or
any attempt or conspiracy to commit any of the foregoing offenses.
  S 12. Subdivision 7 of section 995 of the executive law, as amended by
chapter 2 of the laws of 2006 and paragraph (a) as separately amended by
chapter 320 of the laws of 2006, is amended to read as follows:
  7. "Designated offender" means a person convicted of and sentenced for
any  one  or  more  of  the  following  provisions  of the penal law (a)
sections 120.05, 120.05-A, 120.10,  and  120.11,  relating  to  assault;
sections  125.15  through  125.27 relating to homicide; sections 130.25,
130.30, 130.35, 130.40,  130.45,  130.50,  130.65,  130.67  and  130.70,
relating  to  sex  offenses; sections 205.10, 205.15, 205.17 and 205.19,
relating to escape and other  offenses,  where  the  offender  has  been
convicted  within  the  previous five years of one of the other felonies
specified in this subdivision; or sections 255.25,  255.26  and  255.27,
relating  to  incest, a violent felony offense as defined in subdivision
one of section 70.02 of the penal law, attempted  murder  in  the  first
degree,  as  defined  in  section 110.00 and section 125.27 of the penal
law, kidnapping in the first degree, as defined in section 135.25 of the
penal law, arson in the first degree, as defined in  section  150.20  of
the  penal  law,  burglary  in  the  third degree, as defined in section
140.20 of the penal law, attempted burglary  in  the  third  degree,  as
defined  in section 110.00 and section 140.20 of the penal law, a felony
defined in article four hundred ninety of  the  penal  law  relating  to
terrorism  or  any  attempt to commit an offense defined in such article
relating to terrorism which is a felony; or (b) criminal possession of a
controlled substance in the first degree, as defined in  section  220.21
of  the  penal law; criminal possession of a controlled substance in the
second degree, as defined in section 220.18 of the penal  law;  criminal
sale  of  a controlled substance, as defined in article 220 of the penal
law; or grand larceny in the fourth degree, as  defined  in  subdivision
five of section 155.30 of the penal law; or (c) any misdemeanor or felo-
ny  defined  as  a  sex  offense or sexually violent offense pursuant to
paragraph (a), (b) or (c) of subdivision two or paragraph (a) of  subdi-
vision three of section one hundred sixty-eight-a of the correction law;
or  (d)  any of the following felonies, or an attempt thereof where such
attempt is a felony offense:  AGGRAVATED ASSAULT UPON A PERSON LESS THAN
TWELVE YEARS OLD IN THE FIRST DEGREE, AS DEFINED  IN  SECTION  120.11-A;
aggravated assault upon a person less than [eleven] TWELVE 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; AGGRAVATED CRIMINALLY NEGLIGENT HOMICIDE UPON A PERSON
LESS THAN TWELVE YEARS OLD, AS DEFINED IN  SECTION  125.11-A;  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

A. 8801                             6

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  tampering 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 subdivisions (b), (c) and (d) of section 215.51 of the  penal
law;  aggravated  criminal contempt, as defined in section 215.52 of the
penal law; bail jumping in the second  degree,  as  defined  in  section
215.56 of the penal law; bail jumping in the first degree, as defined in
section  215.57 of the penal law; patronizing a prostitute in the second
degree, as defined in section 230.05 of the  penal  law;  patronizing  a
prostitute  in  the  first  degree,  as defined in section 230.06 of the
penal law; promoting prostitution in the second degree,  as  defined  in
section  230.30  of  the  penal law; promoting prostitution in the first
degree, as defined in section 230.32 of the penal law; compelling  pros-
titution,  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; crimi-
nal 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; endangering the
welfare of a vulnerable elderly person in the second degree, as  defined
in section 260.32 of the penal law; endangering the welfare of a vulner-
able elderly person in the first degree, as defined in section 260.34 of
the  penal  law;  use  of a child in a sexual performance, as defined in
section 263.05 of the penal law; promoting an obscene sexual performance
by a child, as defined in section 263.10 of the penal law; possessing an
obscene sexual performance by a child, as defined in section  263.11  of
the  penal law; promoting a sexual performance by a child, as defined in
section 263.15 of the penal law; possessing a sexual  performance  by  a
child,  as  defined  in  section  263.16  of  the  penal  law;  criminal
possession of a weapon in the third degree, as defined in section 265.02
of the penal law; criminal sale of a firearm in  the  third  degree,  as
defined  in  section 265.11 of the penal law; criminal sale of a firearm
to a minor, as defined in section 265.16  of  the  penal  law;  unlawful
wearing  of  a body vest, as defined in section 270.20 of the penal law;
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 (e) a felo-
ny  defined in the penal law or an attempt thereof where such attempt is
a felony; or (f) any of the following misdemeanors: assault in the third
degree as defined in section 120.00 of the penal law;  attempted  aggra-
vated  assault  upon  a  person  less than [eleven] TWELVE years old, as
defined in section 110.00 and section 120.12 of the penal law; attempted

A. 8801                             7

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; 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
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.
  S  13.  Subparagraphs  2  and  4  of paragraph (c) of subdivision 2 of
section 352.2 of the family court act, as added by chapter 7 of the laws
of 1999, are amended to read as follows:
  (2) the parent of such child has been convicted of (i) murder  in  the
first  degree  as  defined  in  section 125.27, AGGRAVATED MURDER UPON A
PERSON LESS THAN TWELVE YEARS OLD AS  DEFINED  IN  SECTION  125.26-A  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, AGGRAVATED  CRIMINALLY
NEGLIGENT  HOMICIDE  UPON A PERSON LESS THAN TWELVE YEARS OLD AS DEFINED
IN SECTION 125.11-A, AGGRAVATED MANSLAUGHTER UPON  A  PERSON  LESS  THAN
TWELVE  YEARS  OLD  IN THE SECOND DEGREE AS DEFINED IN SECTION 125.21-A,
AGGRAVATED MANSLAUGHTER UPON A PERSON LESS THAN TWELVE YEARS OLD IN  THE
FIRST  DEGREE  AS  DEFINED  IN  SECTION  125.21-B 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;
  (4) the parent of such respondent has been convicted of assault in the
second degree as defined in section 120.05, AGGRAVATED  ASSAULT  UPON  A
PERSON  LESS  THAN  TWELVE  YEARS OLD IN THE SECOND DEGREE AS DEFINED IN
SECTION 120.05-A, assault in the first  degree  as  defined  in  section
120.10,  AGGRAVATED  ASSAULT UPON A PERSON LESS THAN TWELVE YEARS OLD IN
THE FIRST DEGREE, AS DEFINED IN SECTION 120.11-A, or aggravated  assault
upon  a person less than [eleven] TWELVE years old as defined in section
120.12 of the penal law, and the commission  of  one  of  the  foregoing
crimes  resulted in serious physical injury to the respondent or another
child of the parent;
  S 14. Subparagraphs (ii) and (iv) of paragraph (b) of subdivision 2 of
section  754  of the family court act, as added by chapter 7 of the laws
of 1999, are amended to read as follows:
  (ii) the parent of such child has been convicted of (A) murder in  the
first  degree  as  defined  in  section 125.27, AGGRAVATED MURDER UPON A
PERSON LESS THAN TWELVE YEARS OLD AS  DEFINED  IN  SECTION  125.26-A  or
murder  in  the  second degree as defined in section 125.25 of the penal

A. 8801                             8

law and the victim was another child of the parent; or (B)  manslaughter
in  the first degree as defined in section 125.20, AGGRAVATED CRIMINALLY
NEGLIGENT HOMICIDE UPON A PERSON LESS THAN TWELVE YEARS OLD  AS  DEFINED
IN  SECTION  125.11-A,  AGGRAVATED  MANSLAUGHTER UPON A PERSON LESS THAN
TWELVE YEARS OLD IN THE SECOND DEGREE AS DEFINED  IN  SECTION  125.21-A,
AGGRAVATED  MANSLAUGHTER UPON A PERSON LESS THAN TWELVE YEARS OLD IN THE
FIRST DEGREE AS DEFINED IN  SECTION  125.21-B  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;
  (iv)  the  parent  of  such child has been convicted of assault in the
second degree as defined in section 120.05, AGGRAVATED  ASSAULT  UPON  A
PERSON  LESS  THAN  TWELVE  YEARS OLD IN THE SECOND DEGREE AS DEFINED IN
SECTION 120.05-A, assault in the first  degree  as  defined  in  section
120.10,  AGGRAVATED  ASSAULT UPON A PERSON LESS THAN TWELVE YEARS OLD IN
THE FIRST DEGREE, AS DEFINED IN SECTION 120.11-A or  aggravated  assault
upon  a person less than [eleven] TWELVE years old as defined in section
120.12 of the penal law, and the commission  of  one  of  the  foregoing
crimes resulted in serious physical injury to the child or another child
of the parent;
  S  15.  Paragraphs 2 and 4 of subdivision (b) of section 1039-b of the
family court act, as added by chapter 7 of the laws of 1999, are amended
to read as follows:
  (2) the parent of such child has been convicted of (i) murder  in  the
first  degree  as  defined  in  section 125.27, AGGRAVATED MURDER UPON A
PERSON LESS THAN TWELVE YEARS OLD AS  DEFINED  IN  SECTION  125.26-A  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, AGGRAVATED  CRIMINALLY
NEGLIGENT  HOMICIDE  UPON A PERSON LESS THAN TWELVE YEARS OLD AS DEFINED
IN SECTION 125.11-A, AGGRAVATED MANSLAUGHTER UPON  A  PERSON  LESS  THAN
TWELVE  YEARS  OLD  IN THE SECOND DEGREE AS DEFINED IN SECTION 125.21-A,
AGGRAVATED MANSLAUGHTER UPON A PERSON LESS THAN TWELVE YEARS OLD IN  THE
FIRST  DEGREE  AS  DEFINED  IN  SECTION  125.21-B 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;
  (4) the parent of such child has been  convicted  of  assault  in  the
second  degree  as  defined in section 120.05, AGGRAVATED ASSAULT UPON A
PERSON LESS THAN TWELVE YEARS OLD IN THE SECOND  DEGREE  AS  DEFINED  IN
SECTION  120.05-A,  assault  in  the  first degree as defined in section
120.10, AGGRAVATED ASSAULT UPON A PERSON LESS THAN TWELVE YEARS  OLD  IN
THE  FIRST  DEGREE, AS DEFINED IN SECTION 120.11-A or aggravated assault
upon a person less than [eleven] TWELVE years old as defined in  section
120.12  of  the  penal  law,  and the commission of one of the foregoing
crimes resulted in serious physical injury to the child or another child
of the parent;
  S 16. Clauses 2 and 4 of subparagraph (A) of paragraph (i) of subdivi-
sion (b) of section 1052 of the family court act, as amended by  chapter
7 of the laws of 1999, are amended to read as follows:
  (2)  the  parent of such child has been convicted of (i) murder in the
first degree as defined in section  125.27,  AGGRAVATED  MURDER  UPON  A
PERSON  LESS  THAN  TWELVE  YEARS  OLD AS DEFINED IN SECTION 125.26-A 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, AGGRAVATED CRIMINALLY

A. 8801                             9

NEGLIGENT HOMICIDE UPON A PERSON LESS THAN TWELVE YEARS OLD  AS  DEFINED
IN  SECTION  125.11-A,  AGGRAVATED  MANSLAUGHTER UPON A PERSON LESS THAN
TWELVE YEARS OLD IN THE SECOND DEGREE AS DEFINED  IN  SECTION  125.21-A,
AGGRAVATED  MANSLAUGHTER UPON A PERSON LESS THAN TWELVE YEARS OLD IN THE
FIRST DEGREE AS DEFINED IN  SECTION  125.21-B  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;
  (4)  the  parent  of  such  child has been convicted of assault in the
second degree as defined in section 120.05, AGGRAVATED  ASSAULT  UPON  A
PERSON  LESS  THAN  TWELVE  YEARS OLD IN THE SECOND DEGREE AS DEFINED IN
SECTION 120.05-A, assault in the first  degree  as  defined  in  section
120.10,  AGGRAVATED  ASSAULT UPON A PERSON LESS THAN TWELVE YEARS OLD IN
THE FIRST DEGREE, AS DEFINED IN SECTION 120.11-A or  aggravated  assault
upon  a person less than [eleven] TWELVE years old as defined in section
120.12 of the penal law, and the commission  of  one  of  the  foregoing
crimes resulted in serious physical injury to the child or another child
of the parent;
  S 17. Paragraph f of subdivision 1 of section 410 of the general busi-
ness  law,  as  added  by chapter 509 of the laws of 1992, is amended to
read as follows:
  f. Conviction of any of the following crimes subsequent to  the  issu-
ance  of a license pursuant to this article:  fraud pursuant to sections
170.10, 170.15, 176.15, 176.20, 176.25, 176.30  and  190.65;  falsifying
business  records  pursuant to section 175.10; grand larceny pursuant to
article 155;  bribery  pursuant  to  sections  180.03,  180.08,  180.15,
180.25,  200.00, 200.03, 200.04, 200.10, 200.11, 200.12, 200.45, 200.50;
perjury pursuant to sections 210.10, 210.15, 210.40; assault pursuant to
sections 120.05, 120.05-A, 120.10,  120.11,  120.11-A,  120.12;  robbery
pursuant to article 160; homicide pursuant to sections 125.11-A, 125.25,
125.26-A  and  125.27;  manslaughter  pursuant to sections 125.15 [and],
125.20, 125.21-A AND  125.21-B;  kidnapping  and  unlawful  imprisonment
pursuant  to  sections  135.10,  135.20  and  135.25;  unlawful  weapons
possession pursuant to sections 265.02, 265.03 and 265.04; criminal  use
of  a  weapon pursuant to sections 265.08 and 265.09; criminal sale of a
weapon pursuant to sections 265.11 and 265.12; and sex offenses pursuant
to article 130 of  the  penal  law.  Provided,  however,  that  for  the
purposes  of  this  article,  none  of the following shall be considered
criminal convictions or reported as such: (i) a conviction for which  an
executive  pardon  has been issued pursuant to the executive law; (ii) a
conviction which has been vacated and replaced by  a  youthful  offender
finding  pursuant to article seven hundred twenty of the criminal proce-
dure law, or the applicable provisions of law of any other jurisdiction;
or (iii) a conviction the records of which have been expunged or  sealed
pursuant  to  the  applicable provisions of the laws of this state or of
any other jurisdiction; and (iv) a conviction for which  other  evidence
of successful rehabilitation to remove the disability has been issued.
  Provided,  however,  a fine shall not be imposed for the causes speci-
fied in paragraph f of this subdivision.
  In lieu of or in conjunction with the suspension or  revocation  of  a
license,  or  the  imposition  of  a  fine pursuant to this section, the
secretary may issue a reprimand. When a license issued pursuant to  this
article  is  revoked,  such  license shall not be reinstated or reissued
until after the expiration of a period of one year from the date of such
revocation. No license shall be issued after a second revocation.

A. 8801                            10

  S 18. Subparagraphs 2 and 4 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, are amended to read as follows:
  (2)  the  parent of such child has been convicted of (i) murder in the
first degree as defined in section  125.27,  AGGRAVATED  MURDER  UPON  A
PERSON  LESS  THAN  TWELVE  YEARS  OLD AS DEFINED IN SECTION 125.26-A 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, AGGRAVATED CRIMINALLY
NEGLIGENT HOMICIDE UPON A PERSON LESS THAN TWELVE YEARS OLD  AS  DEFINED
IN  SECTION  125.11-A,  AGGRAVATED  MANSLAUGHTER UPON A PERSON LESS THAN
TWELVE YEARS OLD IN THE SECOND DEGREE AS DEFINED  IN  SECTION  125.21-A,
AGGRAVATED  MANSLAUGHTER UPON A PERSON LESS THAN TWELVE YEARS OLD IN THE
FIRST DEGREE AS DEFINED IN  SECTION  125.21-B  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;
  (4)  the  parent  of  such  child has been convicted of assault in the
second degree as defined in section 120.05, AGGRAVATED  ASSAULT  UPON  A
PERSON  LESS  THAN  TWELVE  YEARS OLD IN THE SECOND DEGREE AS DEFINED IN
SECTION 120.05-A, assault in the first  degree  as  defined  in  section
120.10,  AGGRAVATED  ASSAULT UPON A PERSON LESS THAN TWELVE YEARS OLD IN
THE FIRST DEGREE, AS DEFINED IN SECTION 120.11-A or  aggravated  assault
upon  a person less than [eleven] TWELVE years old as defined in section
120.12 of the penal law, and the commission  of  one  of  the  foregoing
crimes resulted in serious physical injury to the child or another child
of the parent;
  S  19. Subparagraph (iii) of paragraph (a) of subdivision 8 of section
384-b of the social services law, as added by chapter 7 of the  laws  of
1999,  clause  (A)  as  amended  by  chapter 460 of the laws of 2006, is
amended to read as follows:
  (iii) (A) the parent of such child has been convicted of murder in the
first degree as defined in section  125.27,  AGGRAVATED  MURDER  UPON  A
PERSON LESS THAN TWELVE YEARS OLD AS DEFINED IN SECTION 125.26-A, murder
in  the  second degree as defined in section 125.25, manslaughter in the
first degree as defined in section 125.20, AGGRAVATED CRIMINALLY  NEGLI-
GENT  HOMICIDE  UPON  A  PERSON LESS THAN TWELVE YEARS OLD AS DEFINED IN
SECTION 125.11-A, AGGRAVATED MANSLAUGHTER UPON A PERSON LESS THAN TWELVE
YEARS OLD IN THE SECOND DEGREE AS DEFINED IN  SECTION  125.21-A,  AGGRA-
VATED MANSLAUGHTER UPON A PERSON LESS THAN TWELVE YEARS OLD IN THE FIRST
DEGREE  AS  DEFINED  IN  SECTION  125.21-B 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  phys-
ical,  sexual  or  psychological  abuse  by the decedent parent and such
abuse was a factor in causing the homicide; 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 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 attempted homicide;
(B) the parent of such child has been convicted of criminal solicitation

A. 8801                            11

as defined in article one hundred, conspiracy as defined in article  one
hundred  five or criminal facilitation as defined in article one hundred
fifteen of the penal law for conspiring, soliciting or facilitating  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; (C) the parent of such  child
has been convicted of assault in the second degree as defined in section
120.05,  AGGRAVATED  ASSAULT UPON A PERSON LESS THAN TWELVE YEARS OLD IN
THE SECOND DEGREE AS DEFINED IN SECTION 120.05-A, assault in  the  first
degree  as  defined  in section 120.10, AGGRAVATED ASSAULT UPON A PERSON
LESS THAN TWELVE YEARS OLD IN THE FIRST DEGREE, AS  DEFINED  IN  SECTION
120.11-A  or  aggravated assault upon a person less than [eleven] TWELVE
years old as defined in section 120.12 of the penal law, and the  victim
of any such crime was the child or another child of the parent or anoth-
er  child for whose care such parent is or has been legally responsible;
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; or (D) the parent of such child has been convicted
under the law in any other jurisdiction of an offense which includes all
of the essential elements of any crime specified in clause (A),  (B)  or
(C) of this subparagraph; and
  S  20.  This act shall take effect on the ninetieth day after it shall
have become a law.

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Assembly Bill A8801

Sponsored By

Archive: Last Bill Status - In Assembly Committee

2009-A8801 (ACTIVE) - Details

2009-A8801 (ACTIVE) - Summary

2009-A8801 (ACTIVE) - Sponsor Memo

2009-A8801 (ACTIVE) - Bill Text download pdf

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Assembly Bill A8801

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Sponsored By

TEDISCO

Archive: Last Bill Status - In Assembly Committee

2009-A8801 (ACTIVE) - Details

2009-A8801 (ACTIVE) - Summary

2009-A8801 (ACTIVE) - Sponsor Memo

2009-A8801 (ACTIVE) - Bill Text download pdf

Comments