senate Bill S3285

2011-2012 Legislative Session

Enacts the child protection act of 2011; repealer

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Archive: Last Bill Status - In Committee


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

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Senate Actions - UPPERCASE
Jan 04, 2012 referred to codes
Feb 15, 2011 referred to codes

S3285 - Bill Details

See Assembly Version of this Bill:
A6776
Current Committee:
Law Section:
Penal Law
Laws Affected:
Rpld §125.25 sub 5, amd Pen L, generally; amd §§30.30, 180.85, 190.25 & 700.05, CP L; amd §509-cc, V & T L; amd §4-1.6, EPT L; amd §995, Exec L; amd §§358-a & 384-b, Soc Serv L
Versions Introduced in 2009-2010 Legislative Session:
S7705, A11035

S3285 - Bill Texts

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Enacts the child protection act of 2011; establishes the class A-I felony of aggravated murder of a child for which the sentence shall be life imprisonment without parole; aggravated murder of a child shall include intentional killing of a person under 14 while in the course of committing rape, criminal sexual acts, aggravated sexual abuse or incest against such child, or the depraved indifference or intentional killing of a person under 14 while being legally responsible for the care of such child; repeals provisions of murder in the second degree which mirror certain provisions of aggravated murder of a child; treats the offense of aggravated murder of a child in a manner similar to murder in the first degree; establishes the offenses of aggravated manslaughter of a child, aggravated abuse of a child in the first, second and third degrees, and aggravated endangering the welfare of a child.

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BILL NUMBER:S3285

TITLE OF BILL:
An act
to amend the penal law, the criminal procedure law,
the vehicle and traffic law, the estates, powers and trusts law, the
executive law and the social services law, in relation to establishing
the offenses of aggravated murder of a child,
aggravated abuse of a child in the third degree, aggravated abuse of a
child in the second degree, aggravated abuse of a child in the first
degree, aggravated manslaughter of a child,
aggravated endangering the
welfare of a child,
and aggravated manslaughter
of a child; and
to repeal subdivision 5 of section 125.25 of the
penal law relating to the murder of a person under 14 years of age while
in the course of committing certain sex offenses

SUMMARY OF PROVISIONS:
Section 1 - enacts "The Child Protection Act of 2011."

Section 2 defines terms "person in a position of trust" and "child
abuse offense."

Sections 3, 4 and 5 amend provisions of current law to require a
sentence of life without parole for persons convicted of the new
crime of aggravated murder of a child.

Section 6 provides that the new crime of aggravated manslaughter of a
child is a class B violent felony offense; the new crime of
aggravated abuse of a child 1st degree is a class C violent felony
offense; and the new crime of aggravated abuse of a child 2nd degree
is a class D violent felony offense.

Section 7 provides that an attempt to commit the new class A-I felony
of aggravated murder of a child is also a class A-I felony.

Section 8 renames the crime reckless assault of a child by a child day
care provider to aggravated abuse of a child in the third degree.
This E felony, which formerly only applied to day care providers,
now would apply to a parent, guardian or person in a position of
trust who recklessly causes physical injury to a child under age 14.

Section 9 defines a new class D violent felony of aggravated abuse of
a child in the second degree and a new class C violent felony of
aggravated abuse of a child in the first degree.

Section 10 defines a new class B violent felony offense of aggravated
manslaughter of a child, and a new class A-I felony offense of
aggravated murder of a child.

Sections 11, 12 and 13 make changes to existing provisions of law to
conform these existing laws to reflect the changes made by this bill.


Section 14 defines the new class E felony offense of aggravated
endangering the welfare of a child.

Section 15 provides that speedy trial requirements set forth in the
current law do not apply to a prosecution for aggravated murder of a
child.

Section 16 amends provisions of current law to provide that a
prosecution for aggravated murder of a child or aggravated
manslaughter of a child cannot be terminated upon the consent of the
parties.

Section 17 provides that a child witness called to testify before the
grand jury may be accompanied by a social worker, psychologist, or
other professional to provide emotional support when giving testimony
regarding a charge of aggravated murder of a child, aggravated
manslaughter of a child, aggravated abuse of a child in the first,
second or third degree or aggravated endangering the welfare of a
child.

Section 18 amends provisions of law authorizing eavesdropping warrant
to be issued to allow eavesdropping warranting investigations
involving the crimes of aggravated abuse of a child in the 1st, 2nd
or 3rd degrees, aggravated murder of a child, aggravated
manslaughter of a child or aggravated endangering the welfare of a
child.

Section 19 of the bill amends the provisions of the vehicle and
traffic law to include persons convicted of a child abuse offense in
provisions of current law disqualifying a person upon conviction of
certain crimes from receiving a license to operate a bus.

Section 20 of the bill amends provisions of current law to prohibit a
person convicted of aggravated murder of a child from inheriting
property from the murdered child victim of his or her estate.

Section 21 of the bill provides that a person convicted of the new
crimes of aggravated murder of a child, aggravated manslaughter of a
child, aggravated abuse of a child in the first, second or third
degree or aggravated endangering the welfare of a child must give a
DNA sample for inclusion in the DNA database.

Sections 22 and 23 of the bill provide that a parent convicted of the
new crime of aggravated murder of a child or aggravated manslaughter
of a child shall be disqualified in certain parental tights
proceedings.

Section 24 is the effective date.

JUSTIFICATION:

Serious forms of child abuse are not adequately covered by existing
laws. What is more, many existing statutes are so overly complicated
as to be practically useless, or carry such disproportionately low
punishments as to permit serious child abuse to have essentially no
meaningful consequences. Current misdemeanors and nonviolent felonies


with probationary sentences do not do enough to save and protect
children from cruel and repeated maltreatment.

The Child Protection Act of 2011 fixes these problems in a measured,
concise way that respects the existing statutory scheme. The Act would:

Create a felony child endangering statute to protect children from
especially cruel and sadistic conduct, much as we have done to
protect animals through our Agricultural and Markets Law. Under
current law, unless physical injury results, the infliction on
children of sadistic, painful, dangerous punishments can
typically be charged only as misdemeanors. Yet, prosecutors throughout
the state frequently are presented with cases in which this type of
chilling abuse is visited by care givers upon the children they are
meant to protect. Real life cases of such torture include caregivers
forcing children to: kneel on rice or piles of pencils for hours;
stand outside for hours on winter nights wearing only underpants;
regularly gargle with and drink Tabasco sauce; remain locked in
closets or in cabinets or chained to radiators for hours on end;
hang out of upper-story windows while being held by the ankles. As
accounts of the heartbreaking life and tragic death of seven-year-old
Nixzmary Brown came to light in 2006, for example, it was revealed
she had suffered numerous forms of such punishment prior to her
murder, including being forced to regularly defecate and urinate in a
litter box, being submerged repeatedly in a tub filled with ice-cold
water, and being duct-taped and bound to furniture for hours at a time.

These forms of child abuse are shocking when encountered and fall far
beyond the scope of what constitutes acceptable treatment of a child.
This Act would provide enhanced protection for children from these
types of cruel and sadistic abuse.

Create statutes to protect children from serious reckless abuse. This
would close loopholes in the law which currently limit penalties for
some extreme acts of abuse to misdemeanors or make available only
outdated, indecipherable, complicated statutes that in recent years
courts have made essentially unavailable to prosecutors. The existing
statutes are not written to take into account the reality of how
serious child abuse is often inflicted:
recklessly and violently, but without specific intent to cause injury,
and very often without use of a dangerous instrument. To the extent
existing laws address reckless conduct, they minimize the seriousness
by treating it as low level offenses or often include the requirement
that the conduct be "depraved" an element that New York courts have
in recent years interpreted in a way that is virtually impossible to
prove. For example, under current law, parents who recklessly starve
an infant to the brink of death for 1-1/2 years and to the point
where the child becomes deformed and emaciated can be charged with
nothing more than a misdemeanor. In addition, many existing statutes
include multiple levels of mixed intent that are nearly impossible to
understand, let alone prove.

Recognize that caregivers and those in positions of trust to care for
children have a heightened duty of care to children and violating
this special relationship is an aggravating factor in any child abuse
crime. There is a special, dependent relationship between children
and their guardians, and children are particularly vulnerable to


abuse by those who should be their first-line protectors. Because of
the nature of the relationship, there is a heightened potential for
both physical and emotional harm to children at the hands of their
caregivers. The Act thus recognizes a betrayal of this relationship
as an aggravating factor in child abuse crimes. With passage of the
Child Protection Act of 2010, New York would codify in explicit
terms that
breaches of caregivers' special duty of care to dependant, defenseless
children will carry added consequences to reflect the seriousness of
the breach.

Increase penalties for repeat child abusers. Where a person abuses a
child and has previously committed crimes against children, increased
penalties are called for. The Act would address this under Aggravated
Abuse of A Child in the First and Second Degrees, and under
Aggravated Endangering the Welfare of A Child by elevating charges
one level if an abuser has a prior child abuse conviction.

Each time a high-profile press case emerges involving the tragic
abusive death of yet another child, a spotlight is shined on the
problem for a brief time. We are reminded of the deficiencies in our
laws that prevent us from taking adequate action as soon as abuse of
a child begins. We owe it to our children to strengthen the laws and
to offer them better protection before the abuse turns fatal.

LEGISLATIVE HISTORY:
2006 - S.7661 - PASSED SENATE
2007 - S.675-A - PASSED SENATE
2008 - S.675-B - PASSED SENATE
2008 - S.8782 (RELATED BILL) - DIED IN SENATE RULES
2009 - S.1510/A.182 (RELATED BILL)
2009-10 - S.7705 - Passed Senate
Assembly:
2009-10 - A.11035 (Lentol) - Referred to Codes

FISCAL IMPLICATIONS:
While some additional prosecutions and some
increased sentences may result, this would be offset
by medical, social welfare and other cost savings from
earlier intervention in the lives of abused children.

EFFECTIVE DATE:
Immediately.

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

                                  3285

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 15, 2011
                               ___________

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

AN ACT to amend the penal law, the criminal procedure law,  the  vehicle
  and traffic law, the estates, powers and trusts law, the executive law
  and  the social services law, in relation to establishing the offenses
  of aggravated murder of a child, aggravated abuse of a  child  in  the
  third degree, aggravated abuse of a child in the second degree, aggra-
  vated abuse of a child in the first degree, aggravated manslaughter of
  a child, aggravated endangering the welfare of a child, and aggravated
  manslaughter of a child; and to repeal subdivision 5 of section 125.25
  of  the penal law relating to the murder of a person under 14 years of
  age while in the course of committing certain sex offenses

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

  Section  1.  Short  title. This act shall be known and may be cited as
the "child protection act of 2011".
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07044-01-1

S. 3285                             2

260.00; NON-SUPPORT OF A CHILD  IN  THE  SECOND  DEGREE  AS  DEFINED  IN
SECTION 260.05; NON-SUPPORT OF A CHILD IN THE FIRST DEGREE AS DEFINED IN
SECTION 260.06; ENDANGERING THE WELFARE OF A CHILD AS DEFINED IN SECTION
260.10;  AGGRAVATED  ENDANGERING  THE  WELFARE  OF A CHILD AS DEFINED IN
SECTION 260.09; UNLAWFULLY DEALING WITH A CHILD IN THE FIRST  DEGREE  AS
DEFINED IN SECTION 260.20; UNLAWFULLY DEALING WITH A CHILD IN THE SECOND
DEGREE  AS  DEFINED  IN SECTION 260.21; OR AN OFFENSE DEFINED IN ARTICLE
TWO HUNDRED SIXTY-THREE OF THIS CHAPTER; OR
  (B) AN OFFENSE DEFINED IN ARTICLE  ONE  HUNDRED  TWENTY,  ONE  HUNDRED
TWENTY-FIVE, ONE HUNDRED THIRTY OR ONE HUNDRED THIRTY-FIVE OF THIS CHAP-
TER  PROVIDED  THE VICTIM OF SUCH OFFENSE IS LESS THAN FOURTEEN YEARS OF
AGE; OR
  (C) AN ATTEMPT TO COMMIT AN OFFENSE LISTED IN PARAGRAPH (A) OR (B)  OF
THIS SUBDIVISION; OR
  (D)  AN  OFFENSE  IN  ANY OTHER JURISDICTION WHICH INCLUDES ALL OF THE
ESSENTIAL ELEMENTS OF ANY SUCH CRIME LISTED IN PARAGRAPH (A), (B) OR (C)
OF THIS SUBDIVISION.
  S 3. Section 60.06 of the penal law, as amended by chapter 482 of  the
laws of 2009, is amended to read as follows:
S 60.06 Authorized  disposition;  murder  in the first degree offenders;
          aggravated murder offenders;  AGGRAVATED  MURDER  OF  A  CHILD
          OFFENDERS;  certain  murder  in  the  second degree offenders;
          certain terrorism offenders; criminal possession of a chemical
          weapon or biological weapon offenders; criminal use of a chem-
          ical weapon or biological weapon offenders.
  When a defendant is convicted of murder in the first degree as defined
in section 125.27 of this chapter, the court shall, in  accordance  with
the provisions of section 400.27 of the criminal procedure law, sentence
the  defendant  to death, to life imprisonment without parole in accord-
ance with subdivision five of section 70.00 of this title, or to a  term
of  imprisonment  for  a  class A-I felony other than a sentence of life
imprisonment without parole, in accordance with subdivisions one through
three of section 70.00 of this title. When a  person  is  convicted  [of
murder  in  the  second degree as defined in subdivision five of section
125.25 of this chapter or] of the crime of aggravated murder as  defined
in  subdivision one of section 125.26 of this chapter OR OF THE CRIME OF
AGGRAVATED MURDER OF A CHILD AS DEFINED IN SECTION 125.28 OF THIS  CHAP-
TER, the court shall sentence the defendant to life imprisonment without
parole  in  accordance  with  subdivision  five of section 70.00 of this
title. When a defendant is  convicted  of  the  crime  of  terrorism  as
defined in section 490.25 of this chapter, and the specified offense the
defendant  committed  is a class A-I felony offense, or when a defendant
is convicted of the crime of criminal possession of a chemical weapon or
biological weapon in the first degree as defined in  section  490.45  of
this  chapter, or when a defendant is convicted of the crime of criminal
use of a chemical weapon or biological weapon in  the  first  degree  as
defined  in section 490.55 of this chapter, the court shall sentence the
defendant to life imprisonment without parole in accordance with  subdi-
vision  five  of  section  70.00  of this title; provided, however, that
nothing in this section shall preclude or prevent a  sentence  of  death
when  the  defendant  is also convicted of murder in the first degree as
defined in section 125.27 of this chapter. When a defendant is convicted
of aggravated murder as defined in subdivision two of section 125.26  of
this  chapter,  the court shall sentence the defendant to life imprison-
ment without parole or to a term of imprisonment for a class A-I  felony

S. 3285                             3

other than a sentence of life imprisonment without parole, in accordance
with subdivisions one through three of section 70.00 of this title.
  S  4.  Subparagraph  (i)  of paragraph (a) of subdivision 3 of section
70.00 of the penal law, as amended by chapter 107 of the laws  of  2006,
is amended to read as follows:
  (i) For a class A-I felony, such minimum period shall not be less than
fifteen  years  nor more than twenty-five years; provided, however, that
(A) where a sentence, other than a sentence of death or  life  imprison-
ment  without parole, is imposed upon a defendant convicted of murder in
the first degree as defined in section 125.27 of this chapter such mini-
mum period shall be not less than twenty years nor more than twenty-five
years, and, (B) where a sentence is imposed upon a defendant  [convicted
of murder in the second degree as defined in subdivision five of section
125.25  of this chapter or] convicted of aggravated murder as defined in
section 125.26 of this chapter OR CONVICTED OF AGGRAVATED  MURDER  OF  A
CHILD  AS  DEFINED IN SECTION 125.28 OF THIS CHAPTER, the sentence shall
be life imprisonment without  parole,  and,  (C)  where  a  sentence  is
imposed  upon  a  defendant  convicted  of attempted murder in the first
degree as defined in article one hundred ten of this chapter and subpar-
agraph (i), (ii) or (iii) of paragraph (a) of subdivision one and  para-
graph  (b)  of  subdivision  one  of  section  125.27 of this chapter or
attempted aggravated murder as defined in article  one  hundred  ten  of
this  chapter and section 125.26 of this chapter OR ATTEMPTED AGGRAVATED
MURDER OF A CHILD AS DEFINED IN ARTICLE ONE HUNDRED TEN OF THIS  CHAPTER
AND SECTION 125.28 OF THIS CHAPTER such minimum period shall be not less
than twenty years nor more than forty years.
  S  5.  Subdivision  5 of section 70.00 of the penal law, as amended by
chapter 482 of the laws of 2009, is amended to read as follows:
  5.  Life  imprisonment  without  parole.  Notwithstanding  any   other
provision  of  law,  a  defendant sentenced to life imprisonment without
parole shall not  be  or  become  eligible  for  parole  or  conditional
release.  For  purposes of commitment and custody, other than parole and
conditional release, such sentence shall be deemed to be  an  indetermi-
nate  sentence.  A defendant may be sentenced to life imprisonment with-
out parole upon conviction for the crime of murder in the  first  degree
as  defined in section 125.27 of this chapter and in accordance with the
procedures provided by law for imposing a sentence  for  such  crime.  A
defendant  must  be  sentenced  to life imprisonment without parole upon
conviction for the crime of terrorism as defined in  section  490.25  of
this  chapter,  where the specified offense the defendant committed is a
class A-I felony; the crime of criminal possession of a chemical  weapon
or biological weapon in the first degree as defined in section 490.45 of
this  chapter;  or  the  crime  of  criminal use of a chemical weapon or
biological weapon in the first degree as defined in  section  490.55  of
this  chapter; provided, however, that nothing in this subdivision shall
preclude or prevent a sentence of  death  when  the  defendant  is  also
convicted  of  the  crime  of  murder  in the first degree as defined in
section 125.27 of this chapter.  A defendant must be sentenced  to  life
imprisonment  without parole upon conviction [for the crime of murder in
the second degree as defined in subdivision five of  section  125.25  of
this chapter or] for the crime of aggravated murder as defined in subdi-
vision  one of section 125.26 of this chapter OR FOR THE CRIME OF AGGRA-
VATED MURDER OF A CHILD AS DEFINED IN SECTION 125.28 OF THIS CHAPTER.  A
defendant  may  be  sentenced  to  life imprisonment without parole upon
conviction for the crime of aggravated murder as defined in  subdivision
two of section 125.26 of this chapter.

S. 3285                             4

  S  6. Paragraphs (a), (b) and (c) of subdivision 1 of section 70.02 of
the penal law, paragraph (a) as amended by chapter 320 of  the  laws  of
2006,  paragraphs  (b)  and (c) as amended by chapter 405 of the laws of
2010, are amended to read as follows:
  (a)  Class  B  violent felony offenses: an attempt to commit the class
A-I felonies of murder in  the  second  degree  as  defined  in  section
125.25, kidnapping in the first degree as defined in section 135.25, and
arson  in the first degree as defined in section 150.20; manslaughter in
the first degree as defined in section 125.20,  aggravated  manslaughter
in the first degree as defined in section 125.22, AGGRAVATED MANSLAUGHT-
ER  OF A CHILD AS DEFINED IN SECTION 125.23, rape in the first degree as
defined in section 130.35, criminal sexual act in the  first  degree  as
defined  in  section 130.50, aggravated sexual abuse in the first degree
as defined in section 130.70, course of sexual conduct against  a  child
in  the  first degree as defined in section 130.75; assault in the first
degree as defined in section 120.10, kidnapping in the second degree  as
defined  in  section  135.20, burglary in the first degree as defined in
section 140.30, arson in the second degree as defined in section 150.15,
robbery in the first degree as defined in section 160.15, incest in  the
first  degree  as  defined  in  section 255.27, criminal possession of a
weapon in the first degree as defined in section 265.04, criminal use of
a firearm in the first degree as defined  in  section  265.09,  criminal
sale  of  a  firearm  in  the first degree as defined in section 265.13,
aggravated assault upon a police officer or a peace officer  as  defined
in  section  120.11,  gang  assault  in  the  first degree as defined in
section 120.07, intimidating a victim or witness in the first degree  as
defined  in  section  215.17,  hindering prosecution of terrorism in the
first degree as defined in section  490.35,  criminal  possession  of  a
chemical  weapon or biological weapon in the second degree as defined in
section 490.40, and criminal use of  a  chemical  weapon  or  biological
weapon in the third degree as defined in section 490.47.
  (b)  Class  C violent felony offenses: an attempt to commit any of the
class B felonies set forth in paragraph (a) of this subdivision;  aggra-
vated criminally negligent homicide as defined in section 125.11, aggra-
vated  manslaughter  in  the second degree as defined in section 125.21,
aggravated sexual abuse in the  second  degree  as  defined  in  section
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, strangulation
in the first degree as defined in section 121.13, burglary in the second
degree as defined in section 140.25, robbery in  the  second  degree  as
defined in section 160.10, criminal possession of a weapon in the second
degree  as  defined  in section 265.03, criminal use of a firearm in the
second degree as defined in section 265.08, criminal sale of  a  firearm
in  the  second  degree as defined in section 265.12, criminal sale of a
firearm with the aid of a minor as defined in section 265.14, soliciting
or providing support for an act of terrorism  in  the  first  degree  as
defined  in  section  490.15,  hindering prosecution of terrorism in the
second degree as defined in section 490.30, and criminal possession of a
chemical weapon or biological weapon in the third degree as  defined  in
section 490.37.
  (c)  Class  D violent felony offenses: an attempt to commit any of the
class C felonies set forth in paragraph (b); reckless assault of a child
as defined in section 120.02, assault in the second degree as defined in
section 120.05, AGGRAVATED ABUSE OF A CHILD  IN  THE  SECOND  DEGREE  AS

S. 3285                             5

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, strangulation in the second degree as
defined  in  section  121.12,  rape  in  the second degree as defined in
section 130.30, criminal sexual act in the second degree as  defined  in
section  130.45,  sexual abuse in the first degree as defined in section
130.65, course of sexual conduct against a child in the second degree as
defined in section 130.80, aggravated sexual abuse in the  third  degree
as  defined  in  section  130.66,  facilitating  a  sex  offense  with a
controlled substance as defined in section 130.90,  criminal  possession
of  a  weapon  in  the third degree as defined in subdivision five, six,
seven or eight of section 265.02, criminal sale  of  a  firearm  in  the
third  degree  as  defined  in  section 265.11, intimidating a victim or
witness in the second degree as defined in section 215.16, soliciting or
providing support for an act  of  terrorism  in  the  second  degree  as
defined in section 490.10, and making a terroristic threat as defined in
section  490.20,  falsely  reporting  an incident in the first degree as
defined in section 240.60, placing a false bomb or  hazardous  substance
in  the  first degree as defined in section 240.62, placing a false bomb
or hazardous substance in a sports stadium or arena, mass transportation
facility or enclosed shopping mall as defined  in  section  240.63,  and
aggravated unpermitted use of indoor pyrotechnics in the first degree as
defined in section 405.18.
  S  7.  Subdivision 1 of section 110.05 of the penal law, as amended by
chapter 93 of the laws of 2006, is amended to read as follows:
  1. Class A-I felony when the crime attempted  is  the  A-I  felony  of
murder  in the first degree, aggravated murder as defined in subdivision
one of section 125.26 of this chapter, AGGRAVATED  MURDER  OF  A  CHILD,
criminal possession of a controlled substance in the first degree, crim-
inal  sale  of  a  controlled  substance  in  the first degree, criminal
possession of a chemical or biological weapon in  the  first  degree  or
criminal use of a chemical or biological weapon in the first degree;
  S  8.  Section 120.01 of the penal law, as added by chapter 600 of the
laws of 1998, is amended to read as follows:
S 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.
  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:

S. 3285                             6

  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 BEING A PERSON IN  A  POSI-
TION  OF  TRUST OF A CHILD LESS THAN FOURTEEN YEARS OLD, HE OR SHE RECK-
LESSLY ENGAGES IN CONDUCT WHICH CREATES A GRAVE RISK OF SERIOUS PHYSICAL
INJURY OR DEATH TO SUCH CHILD AND  THEREBY  CAUSES  THE  DEATH  OF  SUCH
CHILD.
  AGGRAVATED MANSLAUGHTER OF A CHILD IS A CLASS B FELONY.
S 125.28 AGGRAVATED MURDER OF A CHILD.
  A PERSON IS GUILTY OF AGGRAVATED MURDER OF A CHILD WHEN:
  1.  WITH INTENT TO CAUSE THE DEATH OF A CHILD LESS THAN FOURTEEN YEARS
OLD, AND BEING EIGHTEEN YEARS OLD OR MORE, AND BEING THE PARENT, GUARDI-
AN OR OTHER PERSON LEGALLY CHARGED  WITH  THE  CUSTODY  OF,  OR  LEGALLY
RESPONSIBLE FOR THE CARE OF, SUCH CHILD, OR BEING A PERSON IN A POSITION
OF  TRUST  OF A CHILD LESS THAN FOURTEEN YEARS OLD, HE OR SHE CAUSES THE
DEATH OF SUCH CHILD; OR

S. 3285                             7

  2. UNDER CIRCUMSTANCES EVINCING A DEPRAVED INDIFFERENCE TO HUMAN LIFE,
AND BEING EIGHTEEN YEARS OLD OR MORE, AND BEING THE PARENT, GUARDIAN  OR
OTHER PERSON LEGALLY CHARGED WITH THE CUSTODY OF, OR LEGALLY RESPONSIBLE
FOR THE CARE OF, A CHILD LESS THAN FOURTEEN YEARS OLD, OR BEING A PERSON
IN  A  POSITION  OF TRUST OF A CHILD LESS THAN FOURTEEN YEARS OLD, HE OR
SHE RECKLESSLY ENGAGES IN CONDUCT WHICH CREATES A GRAVE RISK OF  SERIOUS
PHYSICAL  INJURY  OR DEATH TO SUCH CHILD AND THEREBY CAUSES THE DEATH OF
SUCH CHILD; OR
  3. BEING EIGHTEEN YEARS OLD OR MORE, WHILE IN THE COURSE OF COMMITTING
RAPE IN THE FIRST, SECOND OR THIRD DEGREE, CRIMINAL SEXUAL  ACT  IN  THE
FIRST,  SECOND  OR  THIRD  DEGREE, AGGRAVATED SEXUAL ABUSE IN THE FIRST,
SECOND, THIRD OR FOURTH DEGREE, OR INCEST  AGAINST  A  CHILD  LESS  THAN
FOURTEEN  YEARS  OLD,  HE  OR SHE INTENTIONALLY CAUSES THE DEATH OF SUCH
CHILD.
  AGGRAVATED MURDER OF A CHILD IS A CLASS A-I FELONY.
  S 11. Subdivision 4 of section 125.25 of the penal law, as amended  by
chapter 459 of the laws of 2004, is amended to read as follows:
  4. Under circumstances evincing a depraved indifference to human life,
and being eighteen years old or more the defendant recklessly engages in
conduct  which  creates a grave risk of serious physical injury or death
to another person less than eleven years  old  and  thereby  causes  the
death of such person[; or].
  S 12. Subdivision 5 of section 125.25 of the penal law is REPEALED.
  S  13.  Subparagraph (ix) of paragraph (a) of subdivision 1 of section
125.27 of the penal law, as added by chapter 1 of the laws of  1995,  is
amended to read as follows:
  (ix) prior to committing the killing, the defendant had been convicted
of  murder  as defined in this section or section 125.25 of this article
OR CONVICTED OF AGGRAVATED MURDER OF  A  CHILD  AS  DEFINED  IN  SECTION
125.28 OF THIS ARTICLE, or had been convicted in another jurisdiction of
an  offense  which,  if  committed  in  this  state,  would constitute a
violation of [either of such] THE AFOREMENTIONED sections; or
  S 14. The penal law is amended by adding a new section 260.09 to  read
as follows:
S 260.09 AGGRAVATED ENDANGERING THE WELFARE OF A CHILD.
  A  PERSON  IS  GUILTY OF AGGRAVATED ENDANGERING THE WELFARE OF A CHILD
WHEN, BEING EIGHTEEN YEARS OLD OR MORE, AND BEING A PARENT, GUARDIAN  OR
OTHER PERSON LEGALLY CHARGED WITH THE CUSTODY OF, OR LEGALLY RESPONSIBLE
FOR THE CARE OF, A CHILD LESS THAN FOURTEEN YEARS OLD, OR BEING A PERSON
IN  A  POSITION  OF TRUST OF A CHILD LESS THAN FOURTEEN YEARS OLD, HE OR
SHE KNOWINGLY ACTS IN A MANNER LIKELY TO BE INJURIOUS TO  THE  PHYSICAL,
MENTAL OR MORAL WELFARE OF SUCH CHILD, AND:
  1. PREVIOUSLY HAS BEEN CONVICTED OF A CHILD ABUSE OFFENSE; OR
  2.  SUCH  CONDUCT CONSISTS OF TWO OR MORE ACTS OF CRUELTY AGAINST SUCH
CHILD. FOR PURPOSES OF THIS SUBDIVISION, "CRUELTY" MEANS  CONDUCT  WHICH
(A)  CAUSES  EXTREME  PHYSICAL  PAIN,  OR (B) WHICH IS CARRIED OUT IN AN
ESPECIALLY VICIOUS OR SADISTIC MANNER.
  AGGRAVATED ENDANGERING THE WELFARE OF A CHILD IS A CLASS E FELONY.
  S 15. Paragraph (a) of subdivision 3 of section 30.30 of the  criminal
procedure  law, as amended by chapter 93 of the laws of 2006, is amended
to read as follows:
  (a) Subdivisions one and two do not apply to a criminal action wherein
the defendant is accused of  an  offense  defined  in  sections  125.10,
125.15,  125.20,  125.25,  125.26  [and], 125.27 AND 125.28 of the penal
law.

S. 3285                             8

  S 16. Subdivision 1 of section 180.85 of the criminal  procedure  law,
as  amended  by  chapter  93  of the laws of 2006, is amended to read as
follows:
  1.  After  arraignment  of  a defendant upon a felony complaint, other
than a felony complaint charging an offense defined in  section  125.10,
125.15,  125.20,  125.23,  125.25,  125.26 [or], 125.27 OR 125.28 of the
penal law, either party or the local criminal court  or  superior  court
before  which  the  action  is  pending,  on its own motion, may move in
accordance with the provisions of this section for an order  terminating
prosecution of the charges contained in such felony complaint on consent
of the parties.
  S 17. Paragraph (h) of subdivision 3 of section 190.25 of the criminal
procedure law, as amended by chapter 405 of the laws of 2010, is amended
to read as follows:
  (h)  A  social  worker,  rape  crisis counselor, psychologist or other
professional providing emotional support to a child witness twelve years
old or younger who is called to give evidence in a grand jury proceeding
concerning a crime defined in article one  hundred  twenty-one,  article
one  hundred  thirty, article two hundred sixty, section 120.01, 120.09,
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 405 of the laws of 2010, is amended
to read as follows:
  (b)  Any  of  the  following felonies: assault in the second degree as
defined in section 120.05 of the penal law, AGGRAVATED ABUSE OF A  CHILD
IN  THE  THIRD  DEGREE  AS  DEFINED  IN SECTION 120.01 OF THE PENAL LAW,
AGGRAVATED ABUSE OF A CHILD IN THE SECOND DEGREE AS DEFINED  IN  SECTION
120.09 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, strangulation in the second degree as defined in section 121.12  of
the  penal  law, strangulation in the first degree as defined in section
121.13 of the penal law, criminally negligent  homicide  as  defined  in
section  125.10  of  the penal law, manslaughter in the second degree as
defined in section 125.15 of the penal law, manslaughter  in  the  first
degree  as  defined  in  section  125.20  of  the  penal law, AGGRAVATED
MANSLAUGHTER OF A CHILD AS DEFINED IN SECTION 125.23 OF THE  PENAL  LAW,
murder  in  the  second degree as defined in section 125.25 of the penal
law, murder in the first degree as defined  in  section  125.27  of  the
penal  law, AGGRAVATED MURDER OF A CHILD AS DEFINED IN SECTION 125.28 OF
THE PENAL LAW, abortion in the  second  degree  as  defined  in  section
125.40  of  the  penal  law,  abortion in the first degree as defined in
section 125.45 of the penal law, rape in the third degree as defined  in
section 130.25 of the penal law, rape in the second degree as defined in
section  130.30 of the penal law, rape in the first degree as defined in
section 130.35 of the penal law, criminal sexual act in the third degree
as defined in section 130.40 of the penal law, criminal  sexual  act  in
the  second degree as defined in section 130.45 of the penal law, crimi-

S. 3285                             9

nal sexual act in the first degree as defined in section 130.50  of  the
penal law, sexual abuse in the first degree as defined in section 130.65
of  the  penal law, unlawful imprisonment in the first degree as defined
in  section  135.10 of the penal law, kidnapping in the second degree as
defined in section 135.20 of the penal  law,  kidnapping  in  the  first
degree  as defined in section 135.25 of the penal law, labor trafficking
as defined in section 135.35 of the penal law, custodial interference in
the first degree as defined in section 135.50 of the penal law, coercion
in the first degree as defined in section 135.65 of the penal law, crim-
inal trespass in the first degree as defined in section  140.17  of  the
penal  law, burglary in the third degree as defined in section 140.20 of
the penal law, burglary in the  second  degree  as  defined  in  section
140.25  of  the  penal  law,  burglary in the first degree as defined in
section 140.30 of the penal law, criminal mischief in the  third  degree
as  defined in section 145.05 of the penal law, criminal mischief in the
second degree as defined in section 145.10 of the  penal  law,  criminal
mischief  in  the first degree as defined in section 145.12 of the penal
law, criminal tampering in the first degree as defined in section 145.20
of the penal law, arson in the  fourth  degree  as  defined  in  section
150.05 of the penal law, arson in the third degree as defined in section
150.10  of  the  penal  law,  arson  in  the second degree as defined in
section 150.15 of the penal law, arson in the first degree as defined in
section 150.20 of the penal law, grand larceny in the fourth  degree  as
defined  in  section 155.30 of the penal law, grand larceny in the third
degree as defined in section 155.35 of the penal law, grand  larceny  in
the  second  degree as defined in section 155.40 of the penal law, grand
larceny in the first degree as defined in section 155.42  of  the  penal
law, health care fraud in the fourth degree as defined in section 177.10
of  the  penal  law, health care fraud in the third degree as defined in
section 177.15 of the penal law, health care fraud in the second  degree
as  defined in section 177.20 of the penal law, health care fraud in the
first degree as defined in section 177.25 of the penal law,  robbery  in
the  third degree as defined in section 160.05 of the penal law, robbery
in the second degree as defined in section  160.10  of  the  penal  law,
robbery  in  the  first degree as defined in section 160.15 of the penal
law, unlawful use of secret scientific material as  defined  in  section
165.07  of  the penal law, criminal possession of stolen property in the
fourth degree as defined in section 165.45 of the  penal  law,  criminal
possession  of stolen property in the third degree as defined in section
165.50 of the penal law, criminal possession of stolen property  in  the
second  degree  as  defined by section 165.52 of the penal law, criminal
possession of stolen property in the first degree as defined by  section
165.54  of  the penal law, trademark counterfeiting in the second degree
as defined in section 165.72 of the penal law, trademark  counterfeiting
in  the  first  degree  as  defined  in section 165.73 of the penal law,
forgery in the second degree as defined in section 170.10 of  the  penal
law,  forgery  in  the  first degree as defined in section 170.15 of the
penal law, criminal possession of a  forged  instrument  in  the  second
degree  as  defined  in  section  170.25  of  the  penal  law,  criminal
possession of a forged instrument in the  first  degree  as  defined  in
section  170.30 of the penal law, criminal possession of forgery devices
as defined in section 170.40  of  the  penal  law,  falsifying  business
records  in  the  first degree as defined in section 175.10 of the penal
law, tampering with public records in the first  degree  as  defined  in
section  175.25 of the penal law, offering a false instrument for filing
in the first degree as defined in section 175.35 of the penal law, issu-

S. 3285                            10

ing a false certificate as defined in section 175.40 of the  penal  law,
criminal  diversion of prescription medications and prescriptions in the
second degree as defined in section 178.20 of the  penal  law,  criminal
diversion  of  prescription  medications  and prescriptions in the first
degree as defined in section 178.25 of the penal law, residential  mort-
gage  fraud  in  the  fourth  degree as defined in section 187.10 of the
penal law, residential mortgage fraud in the third degree as defined  in
section  187.15  of  the  penal  law,  residential mortgage fraud in the
second degree as defined in section 187.20 of the penal law, residential
mortgage fraud in the first degree as defined in section 187.25  of  the
penal  law,  escape in the second degree as defined in section 205.10 of
the penal law, escape in the first degree as defined in  section  205.15
of  the penal law, absconding from temporary release in the first degree
as defined in section 205.17 of the penal law, promoting prison  contra-
band  in the first degree as defined in section 205.25 of the penal law,
hindering prosecution in the second degree as defined in section  205.60
of  the  penal law, hindering prosecution in the first degree as defined
in section 205.65 of the  penal  law,  sex  trafficking  as  defined  in
section  230.34 of the penal law, criminal possession of a weapon in the
third degree as defined in subdivisions two, three and five  of  section
265.02  of  the penal law, criminal possession of a weapon in the second
degree  as  defined  in  section  265.03  of  the  penal  law,  criminal
possession  of a weapon in the first degree as defined in section 265.04
of the penal law, manufacture, transport, disposition and defacement  of
weapons  and dangerous instruments and appliances defined as felonies in
subdivisions one, two, and three of section 265.10  of  the  penal  law,
sections  265.11,  265.12 and 265.13 of the penal law, or prohibited use
of weapons as defined in subdivision two of section 265.35 of the  penal
law,  relating  to  firearms  and other dangerous weapons, or failure to
disclose the origin of a recording in the first  degree  as  defined  in
section 275.40 of the penal law;
  S  19. Paragraph (a) of subdivision 4 of section 509-cc of the vehicle
and traffic law, as amended by chapter  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
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

S. 3285                            11

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,
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

S. 3285                            12

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
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

S. 3285                            13

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. This act shall take effect immediately.

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