Senate Bill S1510

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

                                  1510

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 2, 2009
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
  when printed to be committed to the Committee on Codes

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

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

  Section 1. Short title. This act shall be known and may  be  cited  as
"Erin's law".

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00344-01-9
              

S. 1510                             2

  S  2.  Section  10.00  of  the  penal law is amended by adding two new
subdivisions 21 and 22 to read as follows:
  21.  "PERSON  IN  A POSITION OF TRUST" MEANS ANY PERSON WHO IS CHARGED
WITH ANY DUTY OR RESPONSIBILITY  FOR  THE  HEALTH,  EDUCATION,  WELFARE,
SUPERVISION  OR  CARE OF ANOTHER PERSON, EITHER INDEPENDENTLY OR THROUGH
ANOTHER PERSON, NO MATTER HOW BRIEF.
  22. "CHILD ABUSE OFFENSE" MEANS:
  (A) PATRONIZING A PROSTITUTE  IN  THE  SECOND  DEGREE  AS  DEFINED  IN
SECTION  230.05; PATRONIZING A PROSTITUTE IN THE FIRST DEGREE AS DEFINED
IN SECTION 230.06;  PROMOTING  PROSTITUTION  IN  THE  SECOND  DEGREE  AS
DEFINED  IN SUBDIVISION TWO OF SECTION 230.30; PROMOTING PROSTITUTION IN
THE FIRST DEGREE AS DEFINED IN SECTION  230.32;  DISSEMINATING  INDECENT
MATERIALS  TO  MINORS IN THE SECOND DEGREE AS DEFINED IN SECTION 235.21;
DISSEMINATING INDECENT MATERIALS  TO  MINORS  IN  THE  FIRST  DEGREE  AS
DEFINED  IN SECTION 235.22; ABANDONMENT OF A CHILD AS DEFINED IN SECTION
260.00; NON-SUPPORT OF A CHILD  IN  THE  SECOND  DEGREE  AS  DEFINED  IN
SECTION 260.05; NON-SUPPORT OF A CHILD IN THE FIRST DEGREE AS DEFINED IN
SECTION 260.06; ENDANGERING THE WELFARE OF A CHILD AS DEFINED IN SECTION
260.10;  AGGRAVATED  ENDANGERING  THE  WELFARE  OF A CHILD AS DEFINED IN
SECTION 260.09; UNLAWFULLY DEALING WITH A CHILD IN THE FIRST  DEGREE  AS
DEFINED IN SECTION 260.20; UNLAWFULLY DEALING WITH A CHILD IN THE SECOND
DEGREE  AS  DEFINED  IN SECTION 260.21; OR AN OFFENSE DEFINED IN ARTICLE
TWO HUNDRED SIXTY-THREE OF THIS CHAPTER; OR
  (B) AN OFFENSE DEFINED IN ARTICLE  ONE  HUNDRED  TWENTY,  ONE  HUNDRED
TWENTY-FIVE, ONE HUNDRED THIRTY OR ONE HUNDRED THIRTY-FIVE OF THIS CHAP-
TER  PROVIDED  THE VICTIM OF SUCH OFFENSE IS LESS THAN FOURTEEN YEARS OF
AGE; OR
  (C) AN ATTEMPT TO COMMIT AN OFFENSE LISTED IN PARAGRAPH (A) OR (B)  OF
THIS SUBDIVISION; OR
  (D)  AN  OFFENSE  IN  ANY OTHER JURISDICTION WHICH INCLUDES ALL OF THE
ESSENTIAL ELEMENTS OF ANY SUCH CRIME LISTED IN PARAGRAPH (A), (B) OR (C)
OF THIS SUBDIVISION.
  S 3. Section 60.06 of the penal law, as amended by chapter 765 of  the
laws  of  2005, the section heading as amended by chapter 93 of the laws
of 2006, 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 section 125.26 of this chapter OR OF THE CRIME OF  AGGRAVATED  MURDER
OF A CHILD AS DEFINED IN SECTION 125.28 OF THIS CHAPTER, 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

S. 1510                             3

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  imprison-
ment without parole in accordance with subdivision 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.
  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 765 of the laws of 2005, 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

S. 1510                             4

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
section  125.26 of this chapter OR FOR THE CRIME OF AGGRAVATED MURDER OF
A CHILD AS DEFINED IN SECTION 125.28 OF THIS CHAPTER.
  S 6. Paragraphs (a), (b) and (c) of subdivision 1 of section 70.02  of
the  penal  law,  paragraph (a) as amended by chapter 320 of the laws of
2006, paragraph (b) as separately amended by chapters 764 and 765 of the
laws of 2005 and paragraph (c) as amended by chapter 7 of  the  laws  of
2007, are amended to read as follows:
  (a)  Class  B  violent felony offenses: an attempt to commit the class
A-I felonies of murder in  the  second  degree  as  defined  in  section
125.25, kidnapping in the first degree as defined in section 135.25, and
arson  in the first degree as defined in section 150.20; manslaughter in
the first degree as defined in section 125.20,  aggravated  manslaughter
in the first degree as defined in section 125.22, AGGRAVATED MANSLAUGHT-
ER  OF A CHILD AS DEFINED IN SECTION 125.23, rape in the first degree as
defined in section 130.35, criminal sexual act in the  first  degree  as
defined  in  section 130.50, aggravated sexual abuse in the first degree
as defined in section 130.70, course of sexual conduct against  a  child
in  the  first degree as defined in section 130.75; assault in the first
degree as defined in section 120.10, kidnapping in the second degree  as
defined  in  section  135.20, burglary in the first degree as defined in
section 140.30, arson in the second degree as defined in section 150.15,
robbery in the first degree as defined in section 160.15, incest in  the
first  degree  as  defined  in  section 255.27, criminal possession of a
weapon in the first degree as defined in section 265.04, criminal use of
a firearm in the first degree as defined  in  section  265.09,  criminal
sale  of  a  firearm  in  the first degree as defined in section 265.13,
aggravated assault upon a police officer or a peace officer  as  defined
in  section  120.11,  gang  assault  in  the  first degree as defined in
section 120.07, intimidating a victim or witness in the first degree  as
defined  in  section  215.17,  hindering prosecution of terrorism in the
first degree as defined in section  490.35,  criminal  possession  of  a
chemical  weapon or biological weapon in the second degree as defined in
section 490.40, and criminal use of  a  chemical  weapon  or  biological
weapon in the third degree as defined in section 490.47.
  (b)  Class  C violent felony offenses: an attempt to commit any of the
class B felonies set  forth  in  paragraph  (a);  aggravated  criminally
negligent homicide as defined in section 125.11, aggravated manslaughter
in  the  second  degree  as defined in section 125.21, aggravated sexual
abuse in the second degree as defined in section 130.67,  assault  on  a
peace  officer,  police  officer,  fireman or emergency medical services
professional as defined in section 120.08, gang assault  in  the  second
degree  as defined in section 120.06, AGGRAVATED ABUSE OF A CHILD IN THE
FIRST DEGREE AS DEFINED IN SECTION  120.09-A,  burglary  in  the  second
degree  as  defined  in  section 140.25, robbery in the second degree as
defined in section 160.10, criminal possession of a weapon in the second
degree as defined in section 265.03, criminal use of a  firearm  in  the
second  degree  as defined in section 265.08, criminal sale of a firearm
in the second degree as defined in section 265.12, criminal  sale  of  a
firearm with the aid of a minor as defined in section 265.14, soliciting
or  providing  support  for  an  act of terrorism in the first degree as
defined in section 490.15, hindering prosecution  of  terrorism  in  the

S. 1510                             5

second degree as defined in section 490.30, and criminal possession of a
chemical  weapon  or biological weapon in the third degree as defined in
section 490.37.
  (c)  Class  D violent felony offenses: an attempt to commit any of the
class C felonies set forth in paragraph (b); reckless assault of a child
as defined in section 120.02, assault in the second degree as defined in
section 120.05, AGGRAVATED ABUSE OF A CHILD  IN  THE  SECOND  DEGREE  AS
DEFINED IN SECTION 120.09, menacing a police officer or peace officer as
defined  in  section 120.18, stalking in the first degree, as defined in
subdivision one of section 120.60, rape in the second degree as  defined
in  section  130.30, criminal sexual act in the second degree as defined
in section 130.45, sexual abuse  in  the  first  degree  as  defined  in
section  130.65,  course of sexual conduct against a child in the second
degree as defined in section 130.80,  aggravated  sexual  abuse  in  the
third  degree  as  defined in section 130.66, facilitating a sex offense
with a controlled substance  as  defined  in  section  130.90,  criminal
possession  of  a  weapon  in the third degree as defined in subdivision
five, six, seven or eight of section 265.02, criminal sale of a  firearm
in  the third degree as defined in section 265.11, intimidating a victim
or witness in the second degree as defined in section 215.16, soliciting
or providing support for an act of terrorism in  the  second  degree  as
defined in section 490.10, and making a terroristic threat as defined in
section  490.20,  falsely  reporting  an incident in the first degree as
defined in section 240.60, placing a false bomb or  hazardous  substance
in  the  first degree as defined in section 240.62, placing a false bomb
or hazardous substance in a sports stadium or arena, mass transportation
facility or enclosed shopping mall as defined  in  section  240.63,  and
aggravated unpermitted use of indoor pyrotechnics in the first degree as
defined in section 405.18.
  S  7.  Subdivision 1 of section 110.05 of the penal law, as amended by
chapter 93 of the laws of 2006, is amended to read as follows:
  1. Class A-I felony when the crime attempted  is  the  A-I  felony  of
murder  in the first degree, aggravated murder as defined in subdivision
one of section 125.26 of this chapter, AGGRAVATED  MURDER  OF  A  CHILD,
criminal possession of a controlled substance in the first degree, crim-
inal  sale  of  a  controlled  substance  in  the first degree, criminal
possession of a chemical or biological weapon in  the  first  degree  or
criminal use of a chemical or biological weapon in the first degree;
  S  8.  Section 120.01 of the penal law, as added by chapter 600 of the
laws of 1998, is amended to read as follows:
S 120.01 [Reckless assault] AGGRAVATED ABUSE of a child [by a child  day
           care provider] IN THE THIRD DEGREE.
  A  person  is guilty of [reckless assault] AGGRAVATED ABUSE of a child
IN THE THIRD DEGREE when, being [a child day care provider or an employ-
ee thereof] EIGHTEEN YEARS OLD OR MORE, AND BEING A PARENT, GUARDIAN  OR
OTHER PERSON LEGALLY CHARGED WITH THE CUSTODY OF, OR LEGALLY RESPONSIBLE
FOR THE CARE OF, A CHILD LESS THAN FOURTEEN YEARS OLD, OR BEING A PERSON
IN  A  POSITION  OF TRUST OF A CHILD LESS THAN FOURTEEN YEARS OLD, he or
she recklessly causes [serious] physical injury to [a] SUCH child [under
the care of such provider or employee who is less than eleven  years  of
age].
  [Reckless  assault]  AGGRAVATED  ABUSE of a child [by a child day care
provider] IN THE THIRD DEGREE is a class E felony.
  S 9. The penal law is amended by adding two new  sections  120.09  and
120.09-a to read as follows:
S 120.09 AGGRAVATED ABUSE OF A CHILD IN THE SECOND DEGREE.

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  A PERSON IS GUILTY OF AGGRAVATED ABUSE OF A CHILD IN THE SECOND DEGREE
WHEN  BEING  EIGHTEEN YEARS OLD OR MORE, AND BEING A PARENT, GUARDIAN OR
OTHER PERSON LEGALLY CHARGED WITH THE CUSTODY OF, OR LEGALLY RESPONSIBLE
FOR THE CARE OF, A CHILD LESS THAN FOURTEEN YEARS OLD, OR BEING A PERSON
IN  A  POSITION  OF TRUST OF A CHILD LESS THAN FOURTEEN YEARS OLD, HE OR
SHE:
  1. WITH INTENT TO CAUSE PHYSICAL  INJURY  TO  ANOTHER  PERSON,  CAUSES
PHYSICAL INJURY TO SUCH CHILD; OR
  2. RECKLESSLY ENGAGES IN CONDUCT WHICH CREATES A GRAVE RISK OF SERIOUS
PHYSICAL  INJURY OR DEATH TO SUCH CHILD AND THEREBY CAUSES SERIOUS PHYS-
ICAL INJURY TO SUCH CHILD; OR
  3. COMMITS THE CRIME OF AGGRAVATED ABUSE  OF  A  CHILD  IN  THE  THIRD
DEGREE  AS  DEFINED IN SECTION 120.01 OF THIS ARTICLE AND PREVIOUSLY HAS
BEEN CONVICTED OF A CHILD ABUSE OFFENSE.
  AGGRAVATED ABUSE OF A CHILD IN THE SECOND DEGREE IS A CLASS D FELONY.
S 120.09-A AGGRAVATED ABUSE OF A CHILD IN THE FIRST DEGREE.
  A PERSON IS GUILTY OF AGGRAVATED ABUSE OF A CHILD IN THE FIRST  DEGREE
WHEN  BEING  EIGHTEEN YEARS OLD OR MORE, AND BEING A PARENT, GUARDIAN OR
OTHER PERSON LEGALLY CHARGED WITH THE CUSTODY OF, OR LEGALLY RESPONSIBLE
FOR THE CARE OF, A CHILD LESS THAN FOURTEEN YEARS OLD, OR BEING A PERSON
IN A POSITION OF TRUST OF A CHILD LESS THAN FOURTEEN YEARS  OLD,  HE  OR
SHE:
  1.  WITH  INTENT  TO  CAUSE SERIOUS PHYSICAL INJURY TO ANOTHER PERSON,
CAUSES SERIOUS PHYSICAL INJURY TO SUCH CHILD; OR
  2. RECKLESSLY ENGAGES IN VIOLENT SHAKING OF  SUCH  CHILD  AND  THEREBY
CAUSES SERIOUS PHYSICAL INJURY TO SUCH CHILD AND SUCH CHILD IS LESS THAN
FIVE YEARS OLD; OR
  3. RECKLESSLY ENGAGES IN CONDUCT WHICH CREATES A GRAVE RISK OF SERIOUS
PHYSICAL  INJURY OR DEATH TO SUCH CHILD AND THEREBY CAUSES SERIOUS PHYS-
ICAL INJURY TO SUCH CHILD, AND:
  (A) HAS PREVIOUSLY BEEN CONVICTED OF A CHILD ABUSE OFFENSE; OR
  (B) AS PART OF THE SAME TRANSACTION,  RECKLESSLY  ENGAGES  IN  CONDUCT
WHICH CREATES A GRAVE RISK OF SERIOUS PHYSICAL INJURY OR DEATH TO ANOTH-
ER  CHILD  LESS THAN FOURTEEN YEARS OLD AND THEREBY CAUSES SERIOUS PHYS-
ICAL INJURY TO SUCH OTHER CHILD; OR
  (C) CAUSES SUCH INJURY BY  MEANS  OF  A  DEADLY  WEAPON  OR  DANGEROUS
INSTRUMENT; OR
  (D)  ON  AT  LEAST  ONE  OTHER OCCASION, RECKLESSLY ENGAGED IN CONDUCT
WHICH CREATED A GRAVE RISK OF SERIOUS PHYSICAL  INJURY  OR  DEATH  TO  A
CHILD  LESS  THAN FOURTEEN YEARS OLD AND THEREBY CAUSED SERIOUS PHYSICAL
INJURY TO SUCH CHILD.
  AGGRAVATED ABUSE OF A CHILD IN THE FIRST DEGREE IS A CLASS C FELONY.
  S 10. The penal law is amended by adding two new sections  125.23  and
125.28 to read as follows:
S 125.23 AGGRAVATED MANSLAUGHTER OF A CHILD.
  A  PERSON  IS GUILTY OF AGGRAVATED MANSLAUGHTER OF A CHILD WHEN, BEING
EIGHTEEN YEARS OLD OR MORE, AND BEING A PARENT, GUARDIAN OR OTHER PERSON
LEGALLY CHARGED WITH THE CUSTODY OF, OR LEGALLY RESPONSIBLE FOR THE CARE
OF, A CHILD LESS THAN FOURTEEN YEARS OLD, OR IS A PERSON IN  A  POSITION
OF  TRUST  OF A CHILD LESS THAN FOURTEEN YEARS OLD, HE OR SHE RECKLESSLY
ENGAGES IN CONDUCT WHICH CREATES A GRAVE RISK OF SERIOUS PHYSICAL INJURY
OR DEATH TO SUCH CHILD AND THEREBY CAUSES THE DEATH OF SUCH CHILD.
  AGGRAVATED MANSLAUGHTER OF A CHILD IS A CLASS B FELONY.
S 125.28 AGGRAVATED MURDER OF A CHILD.
  A PERSON IS GUILTY OF AGGRAVATED MURDER OF A CHILD WHEN:

S. 1510                             7

  1. WITH INTENT TO CAUSE THE DEATH OF A CHILD LESS THAN FOURTEEN  YEARS
OLD, AND BEING EIGHTEEN YEARS OLD OR MORE, AND BEING THE PARENT, GUARDI-
AN  OR  OTHER  PERSON  LEGALLY  CHARGED  WITH THE CUSTODY OF, OR LEGALLY
RESPONSIBLE FOR THE CARE OF, SUCH CHILD, OR BEING A PERSON IN A POSITION
OF  TRUST  OF A CHILD LESS THAN FOURTEEN YEARS OLD, HE OR SHE CAUSES THE
DEATH OF SUCH CHILD; OR
  2. UNDER CIRCUMSTANCES EVINCING A DEPRAVED INDIFFERENCE TO HUMAN LIFE,
AND BEING EIGHTEEN YEARS OLD OR MORE, AND BEING THE PARENT, GUARDIAN  OR
OTHER PERSON LEGALLY CHARGED WITH THE CUSTODY OF, OR LEGALLY RESPONSIBLE
FOR THE CARE OF, A CHILD LESS THAN FOURTEEN YEARS OLD, OR BEING A PERSON
IN  A  POSITION  OF TRUST OF A CHILD LESS THAN FOURTEEN YEARS OLD, HE OR
SHE RECKLESSLY ENGAGES IN CONDUCT WHICH CREATES A GRAVE RISK OF  SERIOUS
PHYSICAL  INJURY  OR DEATH TO SUCH CHILD AND THEREBY CAUSES THE DEATH OF
SUCH CHILD; OR
  3. BEING EIGHTEEN YEARS OLD OR MORE, WHILE IN THE COURSE OF COMMITTING
RAPE IN THE FIRST, SECOND OR THIRD DEGREE, CRIMINAL SEXUAL  ACT  IN  THE
FIRST,  SECOND  OR  THIRD  DEGREE, AGGRAVATED SEXUAL ABUSE IN THE FIRST,
SECOND, THIRD OR FOURTH DEGREE, OR INCEST  AGAINST  A  CHILD  LESS  THAN
FOURTEEN  YEARS  OLD,  HE  OR SHE INTENTIONALLY CAUSES THE DEATH OF SUCH
CHILD.
  AGGRAVATED MURDER OF A CHILD IS A CLASS A-I FELONY.
  S 11. Subdivision 4 of section 125.25 of the penal law, as amended  by
chapter 459 of the laws of 2004, is amended to read as follows:
  4. Under circumstances evincing a depraved indifference to human life,
and being eighteen years old or more the defendant recklessly engages in
conduct  which  creates a grave risk of serious physical injury or death
to another person less than eleven years  old  and  thereby  causes  the
death of such person[; or].
  S 12. Subdivision 5 of section 125.25 of the penal law is REPEALED.
  S  13.  Subparagraph (ix) of paragraph (a) of subdivision 1 of section
125.27 of the penal law, as added by chapter 1 of the laws of  1995,  is
amended to read as follows:
  (ix) prior to committing the killing, the defendant had been convicted
of  murder  as defined in this section or section 125.25 of this article
OR CONVICTED OF AGGRAVATED MURDER OF  A  CHILD  AS  DEFINED  IN  SECTION
125.28 OF THIS ARTICLE, or had been convicted in another jurisdiction of
an  offense  which,  if  committed  in  this  state,  would constitute a
violation of [either of such] THE AFOREMENTIONED sections; or
  S 14. The penal law is amended by adding a new section 260.09 to  read
as follows:
S 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. 1510                             8

  S 15. Paragraph (a) of subdivision 3 of section 30.30 of the  criminal
procedure  law, as amended by chapter 93 of the laws of 2006, is amended
to read as follows:
  (a) Subdivisions one and two do not apply to a criminal action wherein
the  defendant  is  accused  of  an  offense defined in sections 125.10,
125.15, 125.20, 125.25, 125.26 [and], 125.27 AND  125.28  of  the  penal
law.
  S  16.  Subdivision 1 of section 180.85 of the criminal procedure law,
as amended by chapter 93 of the laws of 2006,  is  amended  to  read  as
follows:
  1.  After  arraignment  of  a defendant upon a felony complaint, other
than a felony complaint charging an offense defined in  section  125.10,
125.15,  125.20,  125.23,  125.25,  125.26 [or], 125.27 OR 125.28 of the
penal law, either party or the local criminal court  or  superior  court
before  which  the  action  is  pending,  on its own motion, may move in
accordance with the provisions of this section for an order  terminating
prosecution of the charges contained in such felony complaint on consent
of the parties.
  S 17. Paragraph (h) of subdivision 3 of section 190.25 of the criminal
procedure  law, as separately amended by chapters 93 and 320 of the laws
of 2006, is amended to read as follows:
  (h) A social worker, rape  crisis  counselor,  psychologist  or  other
professional providing emotional support to a child witness twelve years
old or younger who is called to give evidence in a grand jury proceeding
concerning  a  crime  defined in article one hundred thirty, article two
hundred sixty, section 120.01, 120.09, 120.09-A, 120.10, 125.10, 125.15,
125.20, 125.23, 125.25, 125.26, 125.27,  125.28,  255.25,  255.26  [or],
255.27  OR  260.09  of the penal law provided that the district attorney
consents. Such support person shall not  provide  the  witness  with  an
answer  to  any question or otherwise participate in such proceeding and
shall first take an oath before the grand jury that he or she will  keep
secret all matters before such grand jury within his or her knowledge.
  S 18. Paragraph (b) of subdivision 8 of section 700.05 of the criminal
procedure law, as amended by chapter 472 of the laws of 2008, is amended
to read as follows:
  (b)  Any  of  the  following felonies: assault in the second degree as
defined in section 120.05 of the penal law, AGGRAVATED ABUSE OF A  CHILD
IN  THE  THIRD  DEGREE  AS  DEFINED  IN SECTION 120.01 OF THE PENAL LAW,
AGGRAVATED ABUSE OF A CHILD IN THE SECOND DEGREE AS DEFINED  IN  SECTION
120.09 OF THE PENAL LAW, AGGRAVATED ABUSE OF A CHILD IN THE FIRST DEGREE
AS  DEFINED  IN  SECTION 120.09-A OF THE PENAL LAW, assault in the first
degree as defined in section 120.10 of the penal law, reckless endanger-
ment in the first degree as defined in section 120.25 of the penal  law,
promoting  a  suicide  attempt as defined in section 120.30 of the penal
law, criminally negligent homicide as defined in section 125.10  of  the
penal  law,  manslaughter  in  the  second  degree as defined in section
125.15 of the penal law, manslaughter in the first degree as defined  in
section  125.20  of the penal law, AGGRAVATED MANSLAUGHTER OF A CHILD AS
DEFINED IN SECTION 125.23 OF THE PENAL LAW, murder in the second  degree
as  defined  in  section  125.25  of  the penal law, murder in the first
degree as defined in section 125.27 of the penal law, AGGRAVATED  MURDER
OF  A  CHILD  AS DEFINED IN SECTION 125.28 OF THE PENAL LAW, abortion in
the second degree as  defined  in  section  125.40  of  the  penal  law,
abortion  in  the first degree as defined in section 125.45 of the penal
law, rape in the third degree as defined in section 130.25 of the  penal
law, rape in the second degree as defined in section 130.30 of the penal

S. 1510                             9

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
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

S. 1510                            10

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
degree as defined in section 205.15 of the penal  law,  absconding  from
temporary  release  in  the first degree as defined in section 205.17 of
the penal law, promoting  prison  contraband  in  the  first  degree  as
defined in section 205.25 of the penal law, hindering prosecution in the
second  degree  as defined in section 205.60 of the penal law, hindering
prosecution in the first degree as defined  in  section  205.65  of  the
penal  law,  sex  trafficking  as defined in section 230.34 of the penal
law, AGGRAVATED ENDANGERING THE WELFARE OF A CHILD AS DEFINED IN SECTION
260.09 OF THE PENAL LAW, criminal possession of a weapon  in  the  third
degree  as defined in subdivisions two, three and five of section 265.02
of the penal law, criminal possession of a weapon in the  second  degree
as  defined in section 265.03 of the penal law, criminal possession of a
weapon in the first degree as defined in section  265.04  of  the  penal
law,  manufacture,  transport, disposition and defacement of weapons and
dangerous instruments and appliances defined as felonies in subdivisions
one, two, and three of section 265.10 of the penal law, sections 265.11,
265.12 and 265.13 of the penal law, or  prohibited  use  of  weapons  as
defined  in subdivision two of section 265.35 of the penal law, relating
to firearms and other dangerous weapons,  or  failure  to  disclose  the
origin  of  a recording in the first degree as defined in section 275.40
of the penal law;
  S 19. Paragraph (a) of subdivision 4 of section 509-cc of the  vehicle
and  traffic  law,  as  amended  by  chapter  93 of the laws of 2006, is
amended to read as follows:
  (a) The offenses referred to in subparagraph (ii) of paragraph (a)  of
subdivision  one  and  paragraph  (a) of subdivision two of this section
that result in permanent disqualification  shall  include  a  conviction
under  sections  125.12, 125.20, 125.25, 125.26, 125.27, 130.30, 130.35,
130.45, 130.50, 130.70, 135.25, 150.20 of the penal law or an attempt to
commit any of the aforesaid offenses under section 110.00 of  the  penal
law,  OR  A  CHILD ABUSE OFFENSE AS DEFINED IN SUBDIVISION TWENTY-TWO OF
SECTION 10.00 OF THE PENAL LAW, or any offenses committed under a former
section of the penal law which would constitute violations of the afore-
said sections of the penal law, or any offenses committed  outside  this
state which would constitute violations of the aforesaid sections of the
penal law.
  S 20. Section 4-1.6 of the estates, powers and trusts law, as added by
chapter 481 of the laws of 1994, is amended to read as follows:
S 4-1.6 Disqualification of joint tenant in certain instances
  Notwithstanding  any  other  provision of law to the contrary, a joint
tenant convicted of murder in the second degree as  defined  in  section

S. 1510                            11

125.25  of  the  penal  law  or murder in the first degree as defined in
section 125.27 of the penal law OR  AGGRAVATED  MURDER  OF  A  CHILD  AS
DEFINED IN SECTION 125.28 OF THE PENAL LAW of another joint tenant shall
not  be  entitled  to  the  distribution  of  any monies in a joint bank
account created  or contributed to by the deceased joint tenant,  except
for those monies contributed by the convicted joint tenant.
  Upon  the  conviction  of  such joint tenant of first or second degree
murder and upon application by the prosecuting attorney, the  court,  as
part  of  its sentence, shall issue an order directing the amount of any
joint bank account to be distributed pursuant to the provisions of  this
section  from  the  convicted  joint  tenant  and  to the deceased joint
tenant's estate. The court and the prosecuting attorney shall each  have
the  power to subpoena records of a banking institution to determine the
amount of money in such bank account and by whom deposits were made. The
court shall also have the power to freeze such account upon  application
by  the prosecuting attorney during the pendency of a trial for first or
second degree murder. If, upon receipt of such court orders described in
this section, the banking  institution  holding  monies  in  such  joint
account  complies  with the terms of the order, such banking institution
shall be held free from all liability for the distribution of such funds
as were in such joint account. In the absence of actual or  constructive
notice  of  such  order,  the banking institution holding monies in such
account shall be held harmless for distributing the money  according  to
its ordinary course of business.
  For  purposes of this section, the term banking institution shall have
the same meaning as provided for in paragraph (b) of  subdivision  three
of section nine-f of the banking law.
  S  21.  Paragraphs  (a) and (d) of subdivision 7 of section 995 of the
executive law, paragraph (a) as separately amended by chapters 2 and 320
of the laws of 2006 and paragraph (d) as amended by  chapter  2  of  the
laws of 2006, are amended to read as follows:
  (a) sections 120.05, 120.10, and 120.11, relating to assault; sections
125.15  through  [125.27]  125.28 relating to homicide; sections 130.25,
130.30, 130.35, 130.40,  130.45,  130.50,  130.65,  130.67  and  130.70,
relating  to  sex  offenses; sections 205.10, 205.15, 205.17 and 205.19,
relating to escape and other  offenses,  where  the  offender  has  been
convicted  within  the  previous five years of one of the other felonies
specified in this subdivision; or sections 255.25,  255.26  and  255.27,
relating  to  incest, a violent felony offense as defined in subdivision
one of section 70.02 of the penal law, attempted  murder  in  the  first
degree,  as  defined  in  section 110.00 and section 125.27 of the penal
law, kidnapping in the first degree, as defined in section 135.25 of the
penal law, arson in the first degree, as defined in  section  150.20  of
the  penal  law,  burglary  in  the  third degree, as defined in section
140.20 of the penal law, attempted burglary  in  the  third  degree,  as
defined  in section 110.00 and section 140.20 of the penal law, a felony
defined in article four hundred ninety of  the  penal  law  relating  to
terrorism  or  any  attempt to commit an offense defined in such article
relating to terrorism which is a felony; or
  (d) any of the following felonies, or an attempt  thereof  where  such
attempt is a felony offense:
  AGGRAVATED ABUSE OF A CHILD IN THE THIRD DEGREE, AS DEFINED IN SECTION
120.01  OF  THE  PENAL  LAW;  AGGRAVATED  ABUSE OF A CHILD IN THE SECOND
DEGREE, AS DEFINED IN SECTION 120.09 OF THE PENAL LAW; AGGRAVATED  ABUSE
OF  A  CHILD  IN THE FIRST DEGREE, AS DEFINED IN SECTION 120.09-A OF THE
PENAL LAW; aggravated assault upon a person less than eleven years  old,

S. 1510                            12

as  defined  in  section  120.12 of the penal law; menacing in the first
degree, as defined in section 120.13 of the penal law;  reckless  endan-
germent  in  the first degree, as defined in section 120.25 of the penal
law;  stalking in the second degree, as defined in section 120.55 of the
penal law; criminally negligent homicide, as defined in  section  125.10
of  the  penal  law;  vehicular  manslaughter  in  the second degree, as
defined in section 125.12 of the penal law;  vehicular  manslaughter  in
the  first  degree,  as  defined  in  section  125.13  of the penal law;
persistent sexual abuse, as defined in section 130.53 of the penal  law;
aggravated  sexual  abuse  in  the  fourth degree, as defined in section
130.65-a of the penal law; female  genital  mutilation,  as  defined  in
section  130.85  of  the  penal  law;  facilitating a sex offense with a
controlled substance, as defined in section 130.90  of  the  penal  law;
unlawful  imprisonment in the first degree, as defined in section 135.10
of the penal law; custodial interference in the first degree, as defined
in section 135.50 of the penal  law;  criminal  trespass  in  the  first
degree,  as defined in section 140.17 of the penal law; criminal tamper-
ing in the first degree, as defined in section 145.20 of the penal  law;
tampering  with  a  consumer  product in the first degree, as defined in
section 145.45 of the penal law; robbery in the third degree as  defined
in section 160.05 of the penal law; identity theft in the second degree,
as  defined  in  section  190.79 of the penal law; identity theft in the
first degree, as defined in section 190.80 of the penal  law;  promoting
prison  contraband  in the first degree, as defined in section 205.25 of
the penal law; tampering with a witness in the third degree, as  defined
in  section  215.11  of  the  penal law; tampering with a witness in the
second degree, as defined in section 215.12 of the penal law;  tampering
with  a witness in the first degree, as defined in section 215.13 of the
penal law; criminal contempt in the first degree, as defined in subdivi-
sions (b), (c) and (d) of section 215.51 of the  penal  law;  aggravated
criminal  contempt,  as defined in section 215.52 of the penal law; bail
jumping in the second degree, as defined in section 215.56 of the  penal
law;  bail  jumping in the first degree, as defined in section 215.57 of
the penal law; patronizing a prostitute in the second degree, as defined
in section 230.05 of the penal law;  patronizing  a  prostitute  in  the
first  degree,  as defined in section 230.06 of the penal law; promoting
prostitution in the second degree, as defined in section 230.30  of  the
penal  law;  promoting  prostitution  in the first degree, as defined in
section 230.32 of the penal law; compelling prostitution, as defined  in
section  230.33  of  the  penal law; disseminating indecent materials to
minors in the second degree, as defined in section 235.21 of  the  penal
law;  disseminating indecent materials to minors in the first degree, as
defined in section 235.22 of the penal law; riot in the first degree, as
defined in section 240.06 of the penal law; criminal anarchy, as defined
in section 240.15 of the penal law; aggravated harassment of an employee
by an inmate, as defined in section 240.32 of the  penal  law;  unlawful
surveillance  in  the second degree, as defined in section 250.45 of the
penal law; unlawful surveillance in the  first  degree,  as  defined  in
section 250.50 of the penal law; AGGRAVATED ENDANGERING THE WELFARE OF A
CHILD,  AS  DEFINED  IN SECTION 260.09 OF THE PENAL LAW; endangering the
welfare of a vulnerable elderly person in the second degree, as  defined
in section 260.32 of the penal law; endangering the welfare of a vulner-
able elderly person in the first degree, as defined in section 260.34 of
the  penal  law;  use  of a child in a sexual performance, as defined in
section 263.05 of the penal law; promoting an obscene sexual performance
by a child, as defined in section 263.10 of the penal law; possessing an

S. 1510                            13

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
  S  22.  Subparagraph  2  of  paragraph (b) of subdivision 3 of section
358-a of the social services law, as added by chapter 7 of the  laws  of
1999, is amended to read as follows:
  (2)  the  parent  of  such  child has been convicted of (i) AGGRAVATED
MANSLAUGHTER OF A CHILD AS  DEFINED  IN  SECTION  125.23  OR  AGGRAVATED
MURDER  OF  A  CHILD AS DEFINED IN SECTION 125.28 OR murder in the first
degree as defined in section 125.27 or murder in the  second  degree  as
defined  in  section  125.25 of the penal law and the victim was another
child of the parent; or (ii) manslaughter in the first degree as defined
in section 125.20 or manslaughter in the second  degree  as  defined  in
section  125.15 of the penal law and the victim was another child of the
parent, provided, however, that the parent must have  acted  voluntarily
in committing such crime;
  S 23. Clause (A) of subparagraph (iii) of paragraph (a) of subdivision
8 of section 384-b of the social services law, as amended by chapter 460
of the laws of 2006, is amended to read as follows:
  (A)  the  parent  of  such  child  has  been  convicted  of AGGRAVATED
MANSLAUGHTER OF A CHILD AS DEFINED IN SECTION 125.23, AGGRAVATED  MURDER
OF  A  CHILD AS DEFINED IN SECTION 125.28, murder in the first degree as
defined in section 125.27, murder in the second  degree  as  defined  in
section  125.25,  manslaughter in the first degree as defined in section
125.20, or manslaughter in the  second  degree  as  defined  in  section
125.15, and the victim of any such crime was another child of the parent
or  another  child  for  whose  care  such parent is or has been legally
responsible as defined in subdivision (g) of section one thousand twelve
of the family court act, or another parent  of  the  child,  unless  the
convicted parent was a victim of physical, sexual or psychological abuse
by  the decedent parent and such abuse was a factor in causing the homi-
cide; or has been convicted of an attempt to commit any of the foregoing
crimes, and the victim or intended victim was the child or another child
of the parent or another child for whose care such parent is or has been
legally responsible as defined in subdivision (g) of section  one  thou-
sand  twelve  of  the  family court act, or another parent of the child,
unless the convicted parent was a victim of physical, sexual or  psycho-
logical  abuse  by  the  decedent  parent and such abuse was a factor in
causing the attempted homicide;
  S 24. Paragraph (a) of subdivision 2 of  section  422  of  the  social
services  law, as amended by chapter 494 of the laws of 2006, is amended
to read as follows:
  (a) The central register shall be capable of receiving telephone calls
alleging child abuse or  maltreatment  and  of  immediately  identifying
prior  reports  of child abuse or maltreatment and capable of monitoring
the provision of child protective service twenty-four hours a day, seven
days a week. To effectuate this purpose, but subject to  the  provisions
of  the  appropriate  local  plan  for the provision of child protective

S. 1510                            14

services, there shall be a single statewide telephone  number  that  all
persons,  whether  mandated by the law or not, may use to make telephone
calls alleging child abuse or  maltreatment  and  that  all  persons  so
authorized  by this title may use for determining the existence of prior
reports in order to evaluate the condition or circumstances of a  child.
In  addition  to the single statewide telephone number, there shall be a
special unlisted express telephone  number  and  a  telephone  facsimile
number  for use only by persons mandated by law to make telephone calls,
WHICH SHALL BE RECORDED, or to transmit telephone facsimile  information
on  a form provided by the commissioner OF CHILDREN AND FAMILY SERVICES,
alleging child abuse or maltreatment, and for  use  by  all  persons  so
authorized  by this title for determining the existence of prior reports
in order to evaluate the condition or circumstances of a child.  FOR ANY
TELEPHONE CALL THAT CONSTITUTES A REPORT, SUCH RECORDING SHALL BE  MAIN-
TAINED  FOR  THE  LENGTH  OF TIME OTHERWISE REQUIRED BY THIS SECTION FOR
MAINTENANCE OF ALL RECORDS THAT RELATE TO SUCH REPORT. FOR ANY TELEPHONE
CALL THAT DOES NOT CONSTITUTE A REPORT, SUCH RECORDING  SHALL  BE  MAIN-
TAINED  FOR  TWO  YEARS. SUCH RECORDINGS SHALL BE CONFIDENTIAL AND SHALL
ONLY BE AVAILABLE TO THE STATEWIDE CENTRAL REGISTER OF CHILD  ABUSE  AND
MALTREATMENT  FOR  THE  PURPOSES OF QUALITY ASSURANCE AND ENHANCED CHILD
SAFETY. PROVIDED, HOWEVER, THAT A WRITTEN TRANSCRIPT OF  SUCH  RECORDING
MAY  ONLY  BE  OBTAINED  VIA  JUDICIAL  SUBPOENA BASED UPON THE JUDICIAL
DETERMINATION THAT SUCH TRANSCRIPT IS NECESSARY EVIDENCE IN  A  CRIMINAL
OR FAMILY COURT PROCEEDING PROVIDED FURTHER, THAT ANY INFORMATION RELAT-
ING  TO THE IDENTITY OF THE CALLER OR WHICH REASONABLY COULD LEAD TO THE
IDENTIFICATION OF THE CALLER SHALL BE  EXCLUDED  FROM  SUCH  TRANSCRIPT.
When  any allegations contained in such telephone calls could reasonably
constitute a report of child abuse  or  maltreatment,  such  allegations
shall  be  immediately  transmitted  orally  or  electronically  by  the
[department] OFFICE OF CHILDREN AND FAMILY SERVICES to  the  appropriate
local  child  protective service for investigation. The inability of the
person calling the register to identify the alleged  perpetrator  shall,
in no circumstance, constitute the sole cause for the register to reject
such  allegation  or fail to transmit such allegation for investigation.
WHEN DETERMINING IF THE ALLEGATIONS CONTAINED IN A TELEPHONE CALL  COULD
REASONABLY  CONSTITUTE  A  REPORT  OF  CHILD ABUSE OR MALTREATMENT, SUCH
OFFICE SHALL EXAMINE THE PRIOR HISTORY OF  THE  SUBJECT  AND  ANY  OTHER
PERSON  NAMED  IN  THE  ALLEGATION,  SPECIFICALLY INCLUDING ALL PREVIOUS
CALLS PLACED TO THE CENTRAL REGISTER RELATING  TO  THE  SUBJECT  OR  ANY
OTHER  PERSON  NAMED  IN THE ALLEGATION REGARDLESS OF WHETHER SUCH CALLS
RESULTED IN A REPORT. If the records indicate a previous report concern-
ing a subject of the report, the child alleged to be abused or maltreat-
ed, a sibling, other children in the household, other persons  named  in
the  report  or other pertinent information, the appropriate local child
protective service shall be immediately notified of the fact, except  as
provided  in  subdivision eleven of this section. If the report involves
either (i) suspected physical injury as described in  paragraph  (i)  of
subdivision (e) of section ten hundred twelve of the family court act or
sexual  abuse  of  a  child  or  the  death of a child or (ii) suspected
maltreatment which alleges any physical harm when the report is made  by
a person required to report pursuant to section four hundred thirteen of
this  title  within  six months of any other two reports that were indi-
cated, or may still be pending, involving the same  child,  sibling,  or
other  children  in  the  household  or  the  subject of the report, the
[department] OFFICE OF CHILDREN AND FAMILY SERVICES shall  identify  the

S. 1510                            15

report  as  such and note any prior reports when transmitting the report
to the local child protective services for investigation.
  S  24-a.  Paragraph  (a) of subdivision 2 of section 422 of the social
services law, as amended by chapter 574 of the laws of 2008, is  amended
to read as follows:
  (a) The central register shall be capable of receiving telephone calls
alleging  child  abuse  or  maltreatment  and of immediately identifying
prior reports of child abuse or maltreatment and capable  of  monitoring
the provision of child protective service twenty-four hours a day, seven
days  a  week. To effectuate this purpose, but subject to the provisions
of the appropriate local plan for  the  provision  of  child  protective
services,  there  shall  be a single statewide telephone number that all
persons, whether mandated by the law or not, may use to  make  telephone
calls  alleging  child  abuse  or  maltreatment  and that all persons so
authorized by this title may use for determining the existence of  prior
reports  in order to evaluate the condition or circumstances of a child.
In addition to the single statewide telephone number, there shall  be  a
special  unlisted  express  telephone  number  and a telephone facsimile
number for use only by persons mandated by law to make telephone  calls,
WHICH  SHALL BE RECORDED, or to transmit telephone facsimile information
on a form provided by the commissioner OF CHILDREN AND FAMILY  SERVICES,
alleging  child  abuse  or  maltreatment,  and for use by all persons so
authorized by this title for determining the existence of prior  reports
in order to evaluate the condition or circumstances of a child.  FOR ANY
TELEPHONE  CALL THAT CONSTITUTES A REPORT, SUCH RECORDING SHALL BE MAIN-
TAINED FOR THE LENGTH OF TIME OTHERWISE REQUIRED  BY  THIS  SECTION  FOR
MAINTENANCE OF ALL RECORDS THAT RELATE TO SUCH REPORT. FOR ANY TELEPHONE
CALL  THAT  DOES  NOT CONSTITUTE A REPORT, SUCH RECORDING SHALL BE MAIN-
TAINED FOR TWO YEARS. SUCH RECORDINGS SHALL BE  CONFIDENTIAL  AND  SHALL
ONLY  BE  AVAILABLE TO THE STATEWIDE CENTRAL REGISTER OF CHILD ABUSE AND
MALTREATMENT FOR THE PURPOSES OF QUALITY ASSURANCE  AND  ENHANCED  CHILD
SAFETY.  PROVIDED,  HOWEVER, THAT A WRITTEN TRANSCRIPT OF SUCH RECORDING
MAY ONLY BE OBTAINED VIA  JUDICIAL  SUBPOENA  BASED  UPON  THE  JUDICIAL
DETERMINATION  THAT  SUCH TRANSCRIPT IS NECESSARY EVIDENCE IN A CRIMINAL
OR FAMILY COURT PROCEEDING PROVIDED FURTHER, THAT ANY INFORMATION RELAT-
ING TO THE IDENTITY OF THE CALLER OR WHICH REASONABLY COULD LEAD TO  THE
IDENTIFICATION  OF  THE  CALLER  SHALL BE EXCLUDED FROM SUCH TRANSCRIPT.
When any allegations contained in such telephone calls could  reasonably
constitute  a  report  of  child abuse or maltreatment, such allegations
shall be immediately transmitted orally or electronically by the  office
of  children  and family services to the appropriate local child protec-
tive service for investigation. The inability of the person calling  the
register  to identify the alleged perpetrator shall, in no circumstance,
constitute the sole cause for the register to reject such allegation  or
fail to transmit such allegation for investigation.  WHEN DETERMINING IF
THE  ALLEGATIONS  CONTAINED IN A TELEPHONE CALL COULD REASONABLY CONSTI-
TUTE A REPORT OF CHILD ABUSE OR MALTREATMENT, SUCH OFFICE SHALL  EXAMINE
THE PRIOR HISTORY OF THE SUBJECT AND ANY OTHER PERSON NAMED IN THE ALLE-
GATION,  SPECIFICALLY INCLUDING ALL PREVIOUS CALLS PLACED TO THE CENTRAL
REGISTER RELATING TO THE SUBJECT OR ANY OTHER PERSON NAMED IN THE  ALLE-
GATION  REGARDLESS  OF  WHETHER  SUCH CALLS RESULTED IN A REPORT. If the
records indicate a previous report concerning a subject of  the  report,
the  child alleged to be abused or maltreated, a sibling, other children
in the household, other persons named in the report or  other  pertinent
information,  the  appropriate  local  child protective service shall be
immediately notified of the fact,  except  as  provided  in  subdivision

S. 1510                            16

eleven  of this section. If the report involves either (i) an allegation
of an abused child described in paragraph (i), (ii) or (iii) of subdivi-
sion (e) of section one thousand twelve of the family court act or sexu-
al  abuse of a child or the death of a child or (ii) suspected maltreat-
ment which alleges any physical harm when the report is made by a person
required to report pursuant to section four  hundred  thirteen  of  this
title within six months of any other two reports that were indicated, or
may  still be pending, involving the same child, sibling, or other chil-
dren in the household or the subject of the report, the office of  chil-
dren  and family services shall identify the report as such and note any
prior reports when transmitting the report to the local child protective
services for investigation.
  S 25. Subdivision 2 of section 422  of  the  social  services  law  is
amended by adding a new paragraph (e) to read as follows:
  (E)  WHENEVER  A  TELEPHONE  CALL  TO  THE  STATEWIDE CENTRAL REGISTER
DESCRIBED IN THIS SECTION IS RECEIVED BY  THE  OFFICE  OF  CHILDREN  AND
FAMILY  SERVICES  AND NOT REGISTERED AS A REPORT, THE OFFICE OF CHILDREN
AND FAMILY SERVICES SHALL CONVEY TO THE CALLER THAT HE OR  SHE  HAS  THE
ABILITY TO DISCUSS WITH A SUPERVISOR THE REASONS FOR THE DECISION NOT TO
REGISTER THE REPORT.
  S  26.  Paragraph  (a)  of  subdivision 6 of section 424 of the social
services law, as amended by chapter 602 of the laws of 2008, is  amended
to read as follows:
  (a)  upon  receipt  of  such report, commence or cause the appropriate
society for the prevention of cruelty to children  to  commence,  within
twenty-four  hours,  an appropriate investigation which shall include an
evaluation of the environment of the child named in the report  and  any
other  children in the same home and a determination of the risk to such
children if they continue to remain in the existing home environment, as
well as a determination of the nature, extent and cause of any condition
enumerated in such report and the name, age and condition of other chil-
dren in the home, and, after seeing to the safety of the child or  chil-
dren,  forthwith  notify  the  subjects  of the report and other persons
named in the report in writing of the existence of the report and  their
respective  rights  pursuant to this title in regard to amendment.  SUCH
INVESTIGATION SHALL ALSO INCLUDE INCREASED SCRUTINY GIVEN TO THE  EVALU-
ATION  OF ANY REPORT RECEIVED WITHIN SIX MONTHS OF ANY OTHER TWO REPORTS
THAT WERE INDICATED OR MAY STILL BE PENDING INVOLVING  THE  SAME  CHILD,
SIBLING, OR OTHER CHILDREN IN THE HOUSEHOLD.
  S  27.  Section  424 of the social services law is amended by adding a
new subdivision 6-c to read as follows:
  6-C. UPON RECEIPT OF A REPORT WHICH IS RECEIVED WITHIN SIX  MONTHS  OF
ANY  OTHER  TWO  REPORTS  THAT  WERE  INDICATED  OR MAY STILL BE PENDING
INVOLVING THE SAME CHILD, SIBLING, OR OTHER CHILD IN  THE  HOUSEHOLD,  A
CHILD PROTECTIVE INVESTIGATOR SHALL CONTACT LAW ENFORCEMENT TO ACCOMPANY
SUCH INVESTIGATOR TO THE CHILD, CHILDREN AND/OR HOME AND LAW ENFORCEMENT
SHALL REMAIN WHERE THE CHILD OR CHILDREN ARE OR ARE BELIEVED TO BE PRES-
ENT DURING THE COURSE OF THE INVESTIGATION.
  S  28.  Section  420 of the social services law is amended by adding a
new subdivision 3 to read as follows:
  3. A PERSON WHO IS CONVICTED OF A SECOND OR SUBSEQUENT  OFFENSE  UNDER
THIS SECTION WITHIN TWO YEARS OF THE PRIOR CONVICTION SHALL BE GUILTY OF
A CLASS E FELONY.
  S  29.    Subdivision  (f) of section 1012 of the family court act, as
added by chapter 962 of the laws of 1970, subparagraph (A) of  paragraph
(i)  as  amended by chapter 469 of the laws of 1971, subparagraph (B) of

S. 1510                            17

paragraph (i) as amended by chapter 984 of the laws of  1981  and  para-
graph  (ii) as amended by chapter 666 of the laws of 1976, is amended to
read as follows:
  (f) "Neglected child" means a child less than eighteen years of age
  (i) whose physical, mental or emotional condition has been impaired or
is  in [imminent] danger of becoming impaired as a result of the failure
of his OR HER parent or other person legally responsible for his OR  HER
care to exercise a minimum degree of care
  (A) in supplying the child with adequate food, clothing, shelter [or],
A  SANITARY  LIVING  ENVIRONMENT, PROPER SUPERVISION, WARMTH, SUSTENANCE
AND education in accordance with the provisions of part one  of  article
sixty-five of the education law OR ANY OTHER BASIC NECESSITY OF LIFE, or
medical,  dental,  optometrical  or  surgical  care,  INCLUDING, BUT NOT
LIMITED TO, PREVENTIVE CARE SUCH AS IMMUNIZATIONS,  REMEDIAL  CARE,  AND
PSYCHOLOGICAL  AND/OR PSYCHIATRIC CARE, though financially able to do so
or offered financial or other reasonable means to do so; or
  (B) in providing the child with proper supervision [or], guardianship,
MORAL SUPERVISION, EMOTIONAL SUPPORT, AND  INSTRUCTION  by  unreasonably
inflicting or allowing to be inflicted harm, or a substantial risk ther-
eof,  including  the  infliction of excessive corporal punishment; or by
misusing a drug or drugs; or by  misusing  alcoholic  beverages  to  the
extent  that  he  loses self-control of his actions; OR BY ALLOWING SUCH
CHILD MULTIPLE UNEXCUSED ABSENCES FROM  SCHOOL;  OR  BY  SUFFERING  FROM
AGGRESSIVENESS,  POOR IMPULSE CONTROL, OR PARANOIA; or by any other acts
of a similarly serious nature requiring the aid of the court;  provided,
however,  that where the respondent is voluntarily and regularly partic-
ipating in a rehabilitative program, evidence that  the  respondent  has
repeatedly  misused a drug or drugs or alcoholic beverages to the extent
that he loses self-control of his actions shall not establish  that  the
child  is a neglected child in the absence of evidence establishing that
the child's physical, mental or emotional condition has been impaired or
is in [imminent] danger of becoming impaired as set forth  in  paragraph
(i) of this subdivision; or
  (C)  TO  KEEP  SUCH  CHILD  FREE  FROM  DISEASE  AND NOT IN A STATE OF
SUBSTANTIALLY DIMINISHED PHYSICAL GROWTH; OR
  (ii) who has been abandoned, in accordance  with  the  definition  and
other  criteria  set  forth in subdivision five of section three hundred
eighty-four-b of the social services law, by his parents or other person
legally responsible for his care.
  S 30. This act shall take effect immediately; provided that:
  (a) sections twenty-four and twenty-five of this act shall take effect
on the one hundred eightieth day after it shall have become a law;
  (b) the amendments to paragraph (a) of subdivision 2 of section 422 of
the social services law made by section twenty-four of  this  act  shall
expire  and   be deemed repealed on the same date and in the same manner
as section 1 of chapter 574 of the  laws  of  2008,  as  amended,  takes
effect  when  upon  the  provisions of section twenty-four-a of this act
shall take effect; and
  (c) effective immediately, the addition, amendment  and/or  repeal  of
any  rule  or regulation necessary for the implementation of this act on
its effective date are authorized and directed to be made and  completed
on or before such effective date.