senate Bill S1721A

2013-2014 Legislative Session

Enacts the "protect our children act"; repealer

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Archive: Last Bill Status - Passed Senate


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 21, 2014 referred to codes
delivered to assembly
passed senate
May 12, 2014 advanced to third reading
May 07, 2014 2nd report cal.
May 06, 2014 1st report cal.573
Jan 08, 2014 referred to codes
returned to senate
died in assembly
May 20, 2013 referred to codes
returned to assembly
repassed senate
May 06, 2013 amended on third reading 1721b
vote reconsidered - restored to third reading
May 06, 2013 returned to senate
recalled from assembly
Apr 24, 2013 referred to codes
Apr 23, 2013 delivered to assembly
passed senate
Apr 22, 2013 ordered to third reading cal.384
reported and committed to rules
Feb 13, 2013 print number 1721a
amend and recommit to codes
Jan 09, 2013 referred to codes

Votes

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May 6, 2014 - Codes committee Vote

S1721B
16
0
committee
16
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Apr 22, 2013 - Codes committee Vote

S1721A
15
0
committee
15
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Apr 22, 2013 - Rules committee Vote

S1721A
23
0
committee
23
Aye
0
Nay
0
Aye with Reservations
0
Absent
1
Excused
1
Abstained
show Rules committee vote details

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

Co-Sponsors

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S1721 - Bill Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
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 2011-2012 Legislative Session:
S5862A

S1721 - Bill Texts

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Enacts the "protect our children act"; establishes certain offenses relating to murder of and violence against a child, obstructing the location of a missing child and concealment of a death.

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BILL NUMBER:S1721

TITLE OF BILL:
An act
to amend the penal law, the criminal procedure law, the vehicle and
traffic law, the estates, powers and trusts law and
the social services law, in relation to establishing the offenses of
aggravated murder of a child, aggravated abuse of a child in the third
degree, aggravated abuse of a child in the second degree, aggravated
abuse of a child in the first degree, aggravated manslaughter of a
child, aggravated endangering the welfare of a child, aggravated
murder of a child, obstructing the location of a missing child,
and concealment of a death; 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 Protect Our Children Act."

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 obstructing the
location of a missing child.


Section 15 defines the new class D felony offense of concealment of a
death.

Section 16 defines the new class E felony offense of aggravated
endangering the welfare of a child including failure to notify law
enforcement when the whereabouts of a young child is unknown.

Section 17 provides that speedy trial requirements set forth in the
current law do not apply to a prosecution for aggravated murder of a
child.

Section 18 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 19 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 20 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 21 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 22 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.

Sections 23 and 24 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 25 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.


This bill 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. Under current law, unless physical injury
results, the infliction on children of sadistic, painful, dangerous
punishments can typically be charged only as misdemeanors; Create
statutes to protect children from serious reckless abuse. 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; 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; Increase penalties for repeat child abusers.
Where a person abuses a child and has previously committed
crimes against children, increased penalties are called for;
Create a felony statute for obstructing the efforts of law
enforcement to find a missing child. Quickly finding a missing child
is essential to protect that vulnerable child from harm, and selfish
efforts to hinder those efforts must be punished; Create a felony
statute for concealing a death. A death of a child is profoundly
tragic, and the concealment of such not only could interfere with the
prosecution of the one responsible for the death by loss of evidence,
but could also prolong the agony of the family as they search for
their loved one with misplaced hope; Include failure to report a
missing child in the new felony child endangering statute to require
parents to actively seek assistance if a young child's whereabouts is
unknown.

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, and
provide better tools to help law enforcement obtain justice should
such a tragedy Occur.

LEGISLATIVE HISTORY:
S.5862A of 2011-2012; Passed Senate

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:
This act shall take effect on the sixtieth day after becoming law.

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

                                  1721

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by Sens. GRISANTI, FLANAGAN, GALLIVAN, GOLDEN, HASSELL-THOMP-
  SON, LARKIN, LIBOUS, MARTINS, MAZIARZ -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Codes

AN  ACT  to amend the penal law, the criminal procedure law, the vehicle
  and traffic law, the estates, powers and trusts  law  and  the  social
  services  law,  in relation to establishing the offenses of aggravated
  murder of a child, aggravated abuse of a child in  the  third  degree,
  aggravated  abuse of a child in the second degree, aggravated abuse of
  a child in the first  degree,  aggravated  manslaughter  of  a  child,
  aggravated  endangering the welfare of a child, aggravated murder of a
  child, obstructing the location of a missing child, and concealment of
  a death; 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 "protect our children act".
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04973-01-3

S. 1721                             2

MATERIAL  TO  MINORS  IN THE SECOND DEGREE AS DEFINED IN SECTION 235.21;
DISSEMINATING INDECENT MATERIAL 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; AGGRAVATED ENDANGERING THE WELFARE OF  A  CHILD  AS  DEFINED  IN
SECTION 260.09; ENDANGERING THE WELFARE OF A CHILD AS DEFINED IN SECTION
260.10;  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

S. 1721                             3

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
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

S. 1721                             4

conviction  for the crime of aggravated murder as defined in subdivision
two of section 125.26 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 amended by chapter 148 of the laws of 2011 and
paragraph (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, assault on a
judge as defined in section 120.09, gang assault in the second degree as
defined in section 120.06, AGGRAVATED ABUSE OF  A  CHILD  IN  THE  FIRST
DEGREE AS DEFINED IN SECTION 120.19-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.

S. 1721                             5

  (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 120.19, 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 120.19 and
120.19-a to read as follows:
S 120.19 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

S. 1721                             6

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 120.19-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-

S. 1721                             7

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 190.17 to read
as follows:
S 190.17 OBSTRUCTING THE LOCATION OF A MISSING CHILD.
  A PERSON  IS GUILTY OF OBSTRUCTING THE LOCATION  OF  A  MISSING  CHILD
WHEN  HE  OR SHE KNOWINGLY PROVIDES FALSE INFORMATION TO LAW ENFORCEMENT
OFFICIALS AS TO THE WHEREABOUTS OF A CHILD LESS THAN FOURTEEN YEARS  OLD
WHO HAS BEEN REPORTED MISSING, OR WHOSE WHEREABOUTS HAS BEEN UNKNOWN FOR
MORE THAN TWENTY-FOUR HOURS.
  OBSTRUCTING THE LOCATION OF A MISSING CHILD IS A CLASS E FELONY.
  S  15. The penal law is amended by adding a new section 190.18 to read
as follows:
S 190.18 CONCEALMENT OF A DEATH.
  A PERSON IS GUILTY OF CONCEALMENT OF A DEATH WHEN HE OR SHE  KNOWINGLY
MOVES  OR  OTHERWISE  CONCEALS  A  HUMAN CORPSE SO THAT DISCOVERY OF THE
DEATH OF SUCH PERSON WILL BE HINDERED.
  CONCEALMENT OF A DEATH IS A CLASS D FELONY.
  S 16. 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.

S. 1721                             8

  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 THEN 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; OR
  3. SUCH CONDUCT CONSISTS OF FAILING TO REPORT TO LAW ENFORCEMENT  WHEN
THE  WHEREABOUTS  OF SUCH CHILD HAS BEEN UNKNOWN BY SUCH PERSON FOR MORE
THAN TWENTY-FOUR HOURS. FOR THE PURPOSES  OF  THIS  SECTION,  A  PARENT,
GUARDIAN OR OTHER PERSON LEGALLY CHARGED WITH THE CUSTODY OF, OR LEGALLY
RESPONSIBLE FOR THE CARE OF A CHILD UNDER THE AGE OF ELEVEN IS DEEMED TO
BE  ACTING IN A MANNER LIKELY TO BE INJURIOUS TO THE PHYSICAL, MENTAL OR
MORAL WELFARE OF SUCH CHILD IF SUCH CHILD'S WHEREABOUTS  IS  UNKNOWN  BY
SUCH PERSON FOR MORE THAN TWENTY-FOUR HOURS.
  AGGRAVATED ENDANGERING THE WELFARE OF A CHILD IS A CLASS E FELONY.
  S  17. 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  18.  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 19. 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, 120.10,
120.19,  120.19-A,  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. 1721                             9

  S 20. 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
120.19 OF THE PENAL LAW, AGGRAVATED ABUSE OF A CHILD IN THE FIRST DEGREE
AS  DEFINED  IN  SECTION 120.19-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-
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

S. 1721                            10

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-
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,

S. 1721                            11

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 21. Paragraph (a) of subdivision 4 of section 509-cc of the  vehicle
and  traffic  law,  as  amended  by  chapter 400 of the laws of 2011, is
amended to read as follows:
  (a) The offenses referred to in subparagraph (ii) of paragraph (a)  of
subdivision  one  and  paragraph  (a) of subdivision two of this section
that result in permanent disqualification  shall  include  a  conviction
under  sections  125.12, 125.13, 125.14, 125.15, 125.20, 125.21, 125.22,
125.25, 125.26, 125.27, 130.30, 130.35, 130.45, 130.50, 130.65,  130.66,
130.67,  130.70, 130.75, 130.80, 130.90, 130.95, 130.96, 135.25, 150.20,
230.30, 230.32, 230.34, 235.22, 263.05, 263.10, 263.11,  263.15,  263.16
of  the  penal law or an attempt to commit any of the aforesaid offenses
under section 110.00 of the penal law,  OR  A  CHILD  ABUSE  OFFENSE  AS
DEFINED  IN SUBDIVISION TWENTY-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 aforesaid sections of the penal law,
or any offenses committed outside  this  state  which  would  constitute
violations of the aforesaid sections of the penal law.
  S 22. 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
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. 1721                            12

  S  23.  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 24. 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  OF  THE  PENAL LAW, 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 homicide; or has been convicted of an attempt to commit
any of the foregoing crimes, and the victim or intended victim  was  the
child  or  another  child  of the parent or another child for whose care
such parent is or has been legally responsible as defined in subdivision
(g) of section one thousand twelve of the family court act,  or  another
parent  of  the child, unless the convicted parent was a victim of phys-
ical, sexual or psychological abuse by  the  decedent  parent  and  such
abuse was a factor in causing the attempted homicide;
  S  25.  This  act shall take effect on the sixtieth day after it shall
have become a law.

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S1721A - Bill Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
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 2011-2012 Legislative Session:
S5862A

S1721A - Bill Texts

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Enacts the "protect our children act"; establishes certain offenses relating to murder of and violence against a child, obstructing the location of a missing child and concealment of a death.

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BILL NUMBER:S1721A

TITLE OF BILL: An act to amend the penal law, the criminal procedure
law, the vehicle and traffic law, the estates, powers and trusts law
and the social services law, in relation to establishing the offenses
of aggravated murder of a child, aggravated abuse of a child in the
third degree, aggravated abuse of a child in the second degree,
aggravated abuse of a child in the first degree, aggravated
manslaughter of a child, aggravated endangering the welfare of a
child, aggravated murder of a child, obstructing the location of a
missing child, and concealment of a death; 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 Protect Our Children
Act."

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 obstructing the
location of a missing child.

Section 15 defines the new class D felony offense of concealment of a
death.


Section 16 defines the new class E felony offense of aggravated
endangering the welfare of a child including failure to notify law
enforcement when the whereabouts of a young child is unknown.

Section 17 provides that speedy trial requirements set forth in the
current law do not apply to a prosecution for aggravated murder of a
child.

Section 18 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 19 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 20 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 21 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 22 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.

Sections 23 and 24 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 25 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.

This bill 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. Under current law, unless physical injury


results, the infliction on children of sadistic, painful, dangerous
punishments can typically be charged only as misdemeanors; Create
statutes to protect children from serious reckless abuse. 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; 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; Increase penalties for repeat child abusers.
Where a person abuses a child and has previously committed crimes
against children, increased penalties are called for; Create a felony
statute for obstructing the efforts of law enforcement to find a
missing child. Quickly finding a missing child is essential to protect
that vulnerable child from harm, and selfish efforts to hinder those
efforts must be punished; Create a felony statute for concealing a
death. A death of a child is profoundly tragic, and the concealment of
such not only could interfere with the prosecution of the one
responsible for the death by loss of evidence, but could also prolong
the agony of the family as they search for their loved one with
misplaced hope. Include failure to report a missing child in the new
felony child endangering statute to require parents to actively seek
assistance if a young child's whereabouts is unknown.

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, and provide
better tools to help law enforcement obtain justice should such a
tragedy Occur.

LEGISLATIVE HISTORY:

S.5862A of 2011-2012; Passed Senate

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: This act shall take effect on the sixtieth day after
becoming law.

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

                                 1721--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sens. GRISANTI, AVELLA, FLANAGAN, GALLIVAN, GOLDEN, GRIF-
  FO, HASSELL-THOMPSON, LARKIN, LIBOUS, MARTINS, MAZIARZ, YOUNG --  read
  twice  and  ordered  printed,  and when printed to be committed to the
  Committee on Codes --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to amend the penal law, the criminal procedure law, the vehicle
  and traffic law, the estates, powers and trusts  law  and  the  social
  services  law,  in relation to establishing the offenses of aggravated
  murder of a child, aggravated abuse of a child in  the  third  degree,
  aggravated  abuse of a child in the second degree, aggravated abuse of
  a child in the first  degree,  aggravated  manslaughter  of  a  child,
  aggravated  endangering the welfare of a child, aggravated murder of a
  child, obstructing the location of a missing child, and concealment of
  a death; 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 "protect our children act".
  S 2. Section 10.00 of the penal law  is  amended  by  adding  two  new
subdivisions 22 and 23 to read as follows:
  22.  "PERSON  IN  A POSITION OF TRUST" MEANS ANY PERSON WHO IS CHARGED
WITH ANY DUTY OR RESPONSIBILITY  FOR  THE  HEALTH,  EDUCATION,  WELFARE,
SUPERVISION  OR  CARE OF ANOTHER PERSON, EITHER INDEPENDENTLY OR THROUGH
ANOTHER PERSON, NO MATTER HOW BRIEF.
  23. "CHILD ABUSE OFFENSE" MEANS:
  (A) PATRONIZING A PROSTITUTE  IN  THE  SECOND  DEGREE  AS  DEFINED  IN
SECTION  230.05; PATRONIZING A PROSTITUTE IN THE FIRST DEGREE AS DEFINED
IN SECTION 230.06;  PROMOTING  PROSTITUTION  IN  THE  SECOND  DEGREE  AS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04973-02-3

S. 1721--A                          2

DEFINED  IN SUBDIVISION TWO OF SECTION 230.30; PROMOTING PROSTITUTION IN
THE FIRST DEGREE AS DEFINED IN SECTION  230.32;  DISSEMINATING  INDECENT
MATERIAL  TO  MINORS  IN THE SECOND DEGREE AS DEFINED IN SECTION 235.21;
DISSEMINATING INDECENT MATERIAL 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;  AGGRAVATED  ENDANGERING  THE  WELFARE  OF A CHILD AS DEFINED IN
SECTION 260.09; ENDANGERING THE WELFARE OF A CHILD AS DEFINED IN SECTION
260.10; 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

S. 1721--A                          3

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
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-

S. 1721--A                          4

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  6. Paragraphs (a), (b) and (c) of subdivision 1 of section 70.02 of
the penal law, paragraph (a) as amended by chapter 320 of  the  laws  of
2006  and  paragraphs (b) and (c) as amended by chapter 1 of the laws of
2013, are amended to read as follows:
  (a) Class B violent felony offenses: an attempt to  commit  the  class
A-I  felonies  of  murder  in  the  second  degree as defined in section
125.25, kidnapping in the first degree as defined in section 135.25, and
arson in the first degree as defined in section 150.20; manslaughter  in
the  first  degree as defined in section 125.20, aggravated manslaughter
in the first degree as defined in section 125.22, AGGRAVATED MANSLAUGHT-
ER OF A CHILD AS DEFINED IN SECTION 125.23, rape in the first degree  as
defined  in  section  130.35, criminal sexual act in the first degree as
defined in section 130.50, aggravated sexual abuse in the  first  degree
as  defined  in section 130.70, course of sexual conduct against a child
in the first degree as defined in section 130.75; assault in  the  first
degree  as defined in section 120.10, kidnapping in the second degree as
defined in section 135.20, burglary in the first degree  as  defined  in
section 140.30, arson in the second degree as defined in section 150.15,
robbery  in the first degree as defined in section 160.15, incest in the
first degree as defined in section  255.27,  criminal  possession  of  a
weapon in the first degree as defined in section 265.04, criminal use of
a  firearm  in  the  first degree as defined in section 265.09, criminal
sale of a firearm in the first degree  as  defined  in  section  265.13,
aggravated  assault  upon a police officer or a peace officer as defined
in section 120.11, gang assault  in  the  first  degree  as  defined  in
section  120.07, intimidating a victim or witness in the first degree as
defined in section 215.17, hindering prosecution  of  terrorism  in  the
first  degree  as  defined  in  section 490.35, criminal possession of a
chemical weapon or biological weapon in the second degree as defined  in
section  490.40,  and  criminal  use  of a chemical weapon or biological
weapon in the third degree as defined in section 490.47.
  (b) Class C violent felony offenses: an attempt to commit any  of  the
class  B felonies set forth in paragraph (a) of this subdivision; aggra-
vated criminally negligent homicide as defined in section 125.11, aggra-
vated manslaughter in the second degree as defined  in  section  125.21,
aggravated  sexual  abuse  in  the  second  degree as defined in section
130.67, assault on a peace officer, police officer, fireman or emergency
medical services professional as defined in section 120.08, assault on a
judge as defined in section 120.09, gang assault in the second degree as
defined in section 120.06, AGGRAVATED ABUSE OF  A  CHILD  IN  THE  FIRST
DEGREE AS DEFINED IN SECTION 120.19-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,  aggravated  criminal
possession  of  a  weapon  as  defined  in section 265.19, soliciting or
providing support for an act of terrorism in the first degree as defined
in section 490.15, hindering prosecution  of  terrorism  in  the  second
degree as defined in section 490.30, and criminal possession of a chemi-

S. 1721--A                          5

cal  weapon  or  biological  weapon  in  the  third degree as defined in
section 490.37.
  (c)  Class  D violent felony offenses: an attempt to commit any of the
class C felonies set forth in paragraph (b); reckless assault of a child
as defined in section 120.02, assault in the second degree as defined in
section 120.05, AGGRAVATED ABUSE OF A CHILD  IN  THE  SECOND  DEGREE  AS
DEFINED IN SECTION 120.19, menacing a police officer or peace officer as
defined  in  section 120.18, stalking in the first degree, as defined in
subdivision one of section 120.60, strangulation in the second degree as
defined in section 121.12, rape in  the  second  degree  as  defined  in
section  130.30,  criminal sexual act in the second degree as defined in
section 130.45, sexual abuse in the first degree as defined  in  section
130.65, course of sexual conduct against a child in the second degree as
defined  in  section 130.80, aggravated sexual abuse in the third degree
as defined  in  section  130.66,  facilitating  a  sex  offense  with  a
controlled  substance  as defined in section 130.90, criminal possession
of a weapon in the third degree as defined  in  subdivision  five,  six,
seven,  eight, nine or ten of section 265.02, criminal sale of a firearm
in the third degree as defined in section 265.11, intimidating a  victim
or witness in the second degree as defined in section 215.16, soliciting
or  providing  support  for  an act of terrorism in the second degree as
defined in section 490.10, and making a terroristic threat as defined in
section 490.20, falsely reporting an incident in  the  first  degree  as
defined  in  section 240.60, placing a false bomb or hazardous substance
in the first degree as defined in section 240.62, placing a  false  bomb
or hazardous substance in a sports stadium or arena, mass transportation
facility  or  enclosed  shopping  mall as defined in section 240.63, and
aggravated unpermitted use of indoor pyrotechnics in the first degree as
defined in section 405.18.
  S 7. Subdivision 1 of section 110.05 of the penal law, as  amended  by
chapter 93 of the laws of 2006, is amended to read as follows:
  1.  Class  A-I  felony  when  the crime attempted is the A-I felony of
murder in the first degree, aggravated murder as defined in  subdivision
one  of  section  125.26  of this chapter, AGGRAVATED MURDER OF A CHILD,
criminal possession of a controlled substance in the first degree, crim-
inal sale of a  controlled  substance  in  the  first  degree,  criminal
possession  of  a  chemical  or biological weapon in the first degree or
criminal use of a chemical or biological weapon in the first degree;
  S 8. Section 120.01 of the penal law, as added by chapter 600  of  the
laws of 1998, is amended to read as follows:
S 120.01 [Reckless  assault] AGGRAVATED ABUSE of a child [by a child day
           care provider] IN THE THIRD DEGREE.
  A person is guilty of [reckless assault] AGGRAVATED ABUSE of  a  child
IN THE THIRD DEGREE when, being [a child day care provider or an employ-
ee  thereof] EIGHTEEN YEARS OLD OR MORE, AND BEING A PARENT, GUARDIAN OR
OTHER PERSON LEGALLY CHARGED WITH THE CUSTODY OF, OR LEGALLY RESPONSIBLE
FOR THE CARE OF, A CHILD LESS THAN FOURTEEN YEARS OLD, OR BEING A PERSON
IN A POSITION OF TRUST OF A CHILD LESS THAN FOURTEEN YEARS  OLD,  he  or
she recklessly causes [serious] physical injury to [a] SUCH child [under
the  care  of such provider or employee who is less than eleven years of
age].
  [Reckless assault] AGGRAVATED ABUSE of a child [by a  child  day  care
provider] IN THE THIRD DEGREE is a class E felony.
  S  9.  The  penal law is amended by adding two new sections 120.19 and
120.19-a to read as follows:
S 120.19 AGGRAVATED ABUSE OF A CHILD IN THE SECOND DEGREE.

S. 1721--A                          6

  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 120.19-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:

S. 1721--A                          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 190.17 to  read
as follows:
S 190.17 OBSTRUCTING THE LOCATION OF A MISSING CHILD.
  A  PERSON    IS  GUILTY OF OBSTRUCTING THE LOCATION OF A MISSING CHILD
WHEN HE OR SHE KNOWINGLY PROVIDES FALSE INFORMATION TO  LAW  ENFORCEMENT
OFFICIALS  AS TO THE WHEREABOUTS OF A CHILD LESS THAN FOURTEEN YEARS OLD
WHO HAS BEEN REPORTED MISSING, OR WHOSE WHEREABOUTS HAS BEEN UNKNOWN FOR
MORE THAN TWENTY-FOUR HOURS.
  OBSTRUCTING THE LOCATION OF A MISSING CHILD IS A CLASS E FELONY.
  S 15. The penal law is amended by adding a new section 190.18 to  read
as follows:
S 190.18 CONCEALMENT OF A DEATH.
  A  PERSON IS GUILTY OF CONCEALMENT OF A DEATH WHEN HE OR SHE KNOWINGLY
MOVES OR OTHERWISE CONCEALS A HUMAN CORPSE  SO  THAT  DISCOVERY  OF  THE
DEATH OF SUCH PERSON WILL BE HINDERED.
  CONCEALMENT OF A DEATH IS A CLASS D FELONY.
  S  16. The penal law is amended by adding a new section 260.09 to read
as follows:

S. 1721--A                          8

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 THEN 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; OR
  3. SUCH CONDUCT CONSISTS OF FAILING TO REPORT TO LAW ENFORCEMENT  WHEN
THE  WHEREABOUTS  OF SUCH CHILD HAS BEEN UNKNOWN BY SUCH PERSON FOR MORE
THAN TWENTY-FOUR HOURS. FOR THE PURPOSES  OF  THIS  SECTION,  A  PARENT,
GUARDIAN OR OTHER PERSON LEGALLY CHARGED WITH THE CUSTODY OF, OR LEGALLY
RESPONSIBLE FOR THE CARE OF A CHILD UNDER THE AGE OF ELEVEN IS DEEMED TO
BE  ACTING IN A MANNER LIKELY TO BE INJURIOUS TO THE PHYSICAL, MENTAL OR
MORAL WELFARE OF SUCH CHILD IF SUCH CHILD'S WHEREABOUTS  IS  UNKNOWN  BY
SUCH PERSON FOR MORE THAN TWENTY-FOUR HOURS.
  AGGRAVATED ENDANGERING THE WELFARE OF A CHILD IS A CLASS E FELONY.
  S  17. 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  18.  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 19. 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, 120.10,
120.19,  120.19-A,  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. 1721--A                          9

  S 20. 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
120.19 OF THE PENAL LAW, AGGRAVATED ABUSE OF A CHILD IN THE FIRST DEGREE
AS  DEFINED  IN  SECTION 120.19-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-
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

S. 1721--A                         10

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-
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,

S. 1721--A                         11

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 21. Paragraph (a) of subdivision 4 of section 509-cc of the  vehicle
and  traffic  law,  as  amended  by  chapter 400 of the laws of 2011, is
amended to read as follows:
  (a) The offenses referred to in subparagraph (ii) of paragraph (a)  of
subdivision  one  and  paragraph  (a) of subdivision two of this section
that result in permanent disqualification  shall  include  a  conviction
under  sections  125.12, 125.13, 125.14, 125.15, 125.20, 125.21, 125.22,
125.25, 125.26, 125.27, 130.30, 130.35, 130.45, 130.50, 130.65,  130.66,
130.67,  130.70, 130.75, 130.80, 130.90, 130.95, 130.96, 135.25, 150.20,
230.30, 230.32, 230.34, 235.22, 263.05, 263.10, 263.11,  263.15,  263.16
of  the  penal law or an attempt to commit any of the aforesaid offenses
under section 110.00 of the penal law,  OR  A  CHILD  ABUSE  OFFENSE  AS
DEFINED  IN  SUBDIVISION TWENTY-THREE OF SECTION 10.00 OF THE PENAL LAW,
or any offenses committed under a former section of the penal law  which
would  constitute violations of the aforesaid sections of the penal law,
or any offenses committed outside  this  state  which  would  constitute
violations of the aforesaid sections of the penal law.
  S 22. 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
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. 1721--A                         12

  S  23.  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 24. 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  OF  THE  PENAL LAW, 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 homicide; or has been convicted of an attempt to commit
any of the foregoing crimes, and the victim or intended victim  was  the
child  or  another  child  of the parent or another child for whose care
such parent is or has been legally responsible as defined in subdivision
(g) of section one thousand twelve of the family court act,  or  another
parent  of  the child, unless the convicted parent was a victim of phys-
ical, sexual or psychological abuse by  the  decedent  parent  and  such
abuse was a factor in causing the attempted homicide;
  S  25.  This  act shall take effect on the sixtieth day after it shall
have become a law; provided that if section 27 of chapter 1 of the  laws
of  2013 is not in effect on such effective date, then the amendments to
subdivision 1 of section 70.02 of the penal law made by section  six  of
this  act  shall  take effect on the same date and in the same manner as
section 27 of chapter 1 of the laws of 2013, takes effect.

Co-Sponsors

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S1721B (ACTIVE) - Bill Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
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 2011-2012 Legislative Session:
S5862A

S1721B (ACTIVE) - Bill Texts

view summary

Enacts the "protect our children act"; establishes certain offenses relating to murder of and violence against a child, obstructing the location of a missing child and concealment of a death.

view sponsor memo
BILL NUMBER:S1721B

TITLE OF BILL: An act to amend the penal law, the criminal procedure
law, the vehicle and traffic law, the estates, powers and trusts law
and the social services law, in relation to establishing the offenses
of aggravated murder of a child, aggravated abuse of a child in the
third degree, aggravated abuse of a child in the second degree,
aggravated abuse of a child in the first degree, aggravated
manslaughter of a child, aggravated endangering the welfare of a
child, aggravated murder of a child, obstructing the location of a
missing child, and concealment of a death; 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 Protect Our Children Act."

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 obstructing the
location of a missing child.

Section 15 defines the new class D felony offense of concealment of a
death.


Section 16 defines the new class E felony offense of aggravated
endangering the welfare of a child including failure to notify law
enforcement when the whereabouts of a young child is unknown.

Section 17 provides that speedy trial requirements set forth in the
current law do not apply to a prosecution for aggravated murder of a
child.

Section 18 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 19 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 20 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 21 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 22 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.

Sections 23 and 24 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 25 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.

This bill 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. Under current law, unless physical injury


results, the infliction on children of sadistic, painful, dangerous
punishments can typically be charged only as misdemeanors; Create
statutes to protect children from serious reckless abuse. 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; 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; Increase penalties for repeat child abusers.
Where a person abuses a child and has previously committed
crimes against children, increased penalties are called for; Create a
felony statute for obstructing the efforts of law enforcement to find
a missing child. Quickly finding a missing child is essential to
protect that vulnerable child from harm, and selfish efforts to hinder
those efforts must be punished; Create a felony statute for concealing
a death. A death of a child is profoundly tragic, and the concealment
of such not only could interfere with the prosecution of the one
responsible for the death by loss of evidence, but could also prolong
the agony of the family as they search for their loved one with
misplaced hope. Include failure to report a missing child in the new
felony child endangering statute to require parents to actively seek
assistance if a young child's whereabouts is unknown.

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, and provide
better tools to help law enforcement obtain justice should such a
tragedy Occur.

LEGISLATIVE HISTORY:

S.5862A of 2011-2012; Passed Senate

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:

This act shall take effect on the sixtieth day after becoming law.

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

                                 1721--B
    Cal. No. 384

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by Sens. GRISANTI, AVELLA, BONACIC, FLANAGAN, GALLIVAN, GOLD-
  EN,  GRIFFO, HASSELL-THOMPSON, LARKIN, LIBOUS, MARTINS, MAZIARZ, VALE-
  SKY, YOUNG -- read twice and ordered printed, and when printed  to  be
  committed  to  the  Committee  on  Codes -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee  --  reported  favorably  from said committee and committed to the
  Committee on Rules -- reported favorably from said committee,  ordered
  to  a  third  reading, passed by Senate and delivered to the Assembly,
  recalled, vote reconsidered, restored to third  reading,  amended  and
  ordered reprinted, retaining its place in the order of third reading

AN  ACT  to amend the penal law, the criminal procedure law, the vehicle
  and traffic law, the estates, powers and trusts  law  and  the  social
  services  law,  in relation to establishing the offenses of aggravated
  murder of a child, aggravated abuse of a child in  the  third  degree,
  aggravated  abuse of a child in the second degree, aggravated abuse of
  a child in the first  degree,  aggravated  manslaughter  of  a  child,
  aggravated  endangering the welfare of a child, aggravated murder of a
  child, obstructing the location of a missing child, and concealment of
  a death; 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 "protect our children act".
  S 2. Section 10.00 of the penal law  is  amended  by  adding  two  new
subdivisions 22 and 23 to read as follows:
  22.  "PERSON  IN  A POSITION OF TRUST" MEANS ANY PERSON WHO IS CHARGED
WITH ANY DUTY OR RESPONSIBILITY  FOR  THE  HEALTH,  EDUCATION,  WELFARE,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04973-04-3

S. 1721--B                          2

SUPERVISION  OR  CARE OF ANOTHER PERSON, EITHER INDEPENDENTLY OR THROUGH
ANOTHER PERSON, NO MATTER HOW BRIEF.
  23. "CHILD ABUSE OFFENSE" MEANS:
  (A)  PATRONIZING  A  PROSTITUTE  IN  THE  SECOND  DEGREE AS DEFINED IN
SECTION 230.05; PATRONIZING A PROSTITUTE IN THE FIRST DEGREE AS  DEFINED
IN  SECTION  230.06;  PROMOTING  PROSTITUTION  IN  THE  SECOND DEGREE AS
DEFINED IN SUBDIVISION TWO OF SECTION 230.30; PROMOTING PROSTITUTION  IN
THE  FIRST  DEGREE  AS DEFINED IN SECTION 230.32; DISSEMINATING INDECENT
MATERIAL TO MINORS IN THE SECOND DEGREE AS DEFINED  IN  SECTION  235.21;
DISSEMINATING INDECENT MATERIAL 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;  AGGRAVATED  ENDANGERING  THE  WELFARE  OF A CHILD AS DEFINED IN
SECTION 260.09; ENDANGERING THE WELFARE OF A CHILD AS DEFINED IN SECTION
260.10; 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

S. 1721--B                          3

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
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

S. 1721--B                          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 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  6. Paragraphs (a), (b) and (c) of subdivision 1 of section 70.02 of
the penal law, paragraph (a) as amended by chapter 320 of  the  laws  of
2006  and  paragraphs (b) and (c) as amended by chapter 1 of the laws of
2013, are amended to read as follows:
  (a) Class B violent felony offenses: an attempt to  commit  the  class
A-I  felonies  of  murder  in  the  second  degree as defined in section
125.25, kidnapping in the first degree as defined in section 135.25, and
arson in the first degree as defined in section 150.20; manslaughter  in
the  first  degree as defined in section 125.20, aggravated manslaughter
in the first degree as defined in section 125.22, AGGRAVATED MANSLAUGHT-
ER OF A CHILD AS DEFINED IN SECTION 125.23, rape in the first degree  as
defined  in  section  130.35, criminal sexual act in the first degree as
defined in section 130.50, aggravated sexual abuse in the  first  degree
as  defined  in section 130.70, course of sexual conduct against a child
in the first degree as defined in section 130.75; assault in  the  first
degree  as defined in section 120.10, kidnapping in the second degree as
defined in section 135.20, burglary in the first degree  as  defined  in
section 140.30, arson in the second degree as defined in section 150.15,
robbery  in the first degree as defined in section 160.15, incest in the
first degree as defined in section  255.27,  criminal  possession  of  a
weapon in the first degree as defined in section 265.04, criminal use of
a  firearm  in  the  first degree as defined in section 265.09, criminal
sale of a firearm in the first degree  as  defined  in  section  265.13,
aggravated  assault  upon a police officer or a peace officer as defined
in section 120.11, gang assault  in  the  first  degree  as  defined  in
section  120.07, intimidating a victim or witness in the first degree as
defined in section 215.17, hindering prosecution  of  terrorism  in  the
first  degree  as  defined  in  section 490.35, criminal possession of a
chemical weapon or biological weapon in the second degree as defined  in
section  490.40,  and  criminal  use  of a chemical weapon or biological
weapon in the third degree as defined in section 490.47.
  (b) Class C violent felony offenses: an attempt to commit any  of  the
class  B felonies set forth in paragraph (a) of this subdivision; aggra-
vated criminally negligent homicide as defined in section 125.11, aggra-
vated manslaughter in the second degree as defined  in  section  125.21,
aggravated  sexual  abuse  in  the  second  degree as defined in section
130.67, assault on a peace officer, police officer, fireman or emergency
medical services professional as defined in section 120.08, assault on a
judge as defined in section 120.09, gang assault in the second degree as
defined in section 120.06, AGGRAVATED ABUSE OF  A  CHILD  IN  THE  FIRST
DEGREE AS DEFINED IN SECTION 120.19-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

S. 1721--B                          5

degree as defined in section 265.12, criminal sale of a firearm with the
aid of a  minor  as  defined  in  section  265.14,  aggravated  criminal
possession  of  a  weapon  as  defined  in section 265.19, soliciting or
providing support for an act of terrorism in the first degree as defined
in  section  490.15,  hindering  prosecution  of terrorism in the second
degree as defined in section 490.30, and criminal possession of a chemi-
cal weapon or biological weapon  in  the  third  degree  as  defined  in
section 490.37.
  (c)  Class  D violent felony offenses: an attempt to commit any of the
class C felonies set forth in paragraph (b); reckless assault of a child
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 120.19, menacing a police officer or peace officer as
defined  in  section 120.18, stalking in the first degree, as defined in
subdivision one of section 120.60, strangulation in the second degree as
defined in section 121.12, rape in  the  second  degree  as  defined  in
section  130.30,  criminal sexual act in the second degree as defined in
section 130.45, sexual abuse in the first degree as defined  in  section
130.65, course of sexual conduct against a child in the second degree as
defined  in  section 130.80, aggravated sexual abuse in the third degree
as defined  in  section  130.66,  facilitating  a  sex  offense  with  a
controlled  substance  as defined in section 130.90, criminal possession
of a weapon in the third degree as defined  in  subdivision  five,  six,
seven,  eight, nine or ten of section 265.02, criminal sale of a firearm
in the third degree as defined in section 265.11, intimidating a  victim
or witness in the second degree as defined in section 215.16, soliciting
or  providing  support  for  an act of terrorism in the second degree as
defined in section 490.10, and making a terroristic threat as defined in
section 490.20, falsely reporting an incident in  the  first  degree  as
defined  in  section 240.60, placing a false bomb or hazardous substance
in the first degree as defined in section 240.62, placing a  false  bomb
or hazardous substance in a sports stadium or arena, mass transportation
facility  or  enclosed  shopping  mall as defined in section 240.63, and
aggravated unpermitted use of indoor pyrotechnics in the first degree as
defined in section 405.18.
  S 7. Subdivision 1 of section 110.05 of the penal law, as  amended  by
chapter 93 of the laws of 2006, is amended to read as follows:
  1.  Class  A-I  felony  when  the crime attempted is the A-I felony of
murder in the first degree, aggravated murder as defined in  subdivision
one  of  section  125.26  of this chapter, AGGRAVATED MURDER OF A CHILD,
criminal possession of a controlled substance in the first degree, crim-
inal sale of a  controlled  substance  in  the  first  degree,  criminal
possession  of  a  chemical  or biological weapon in the first degree or
criminal use of a chemical or biological weapon in the first degree;
  S 8. Section 120.01 of the penal law, as added by chapter 600  of  the
laws of 1998, is amended to read as follows:
S 120.01 [Reckless  assault] AGGRAVATED ABUSE of a child [by a child day
           care provider] IN THE THIRD DEGREE.
  A person is guilty of [reckless assault] AGGRAVATED ABUSE of  a  child
IN THE THIRD DEGREE when, being [a child day care provider or an employ-
ee  thereof] EIGHTEEN YEARS OLD OR MORE, AND BEING A PARENT, GUARDIAN OR
OTHER PERSON LEGALLY CHARGED WITH THE CUSTODY OF, OR LEGALLY RESPONSIBLE
FOR THE CARE OF, A CHILD LESS THAN FOURTEEN YEARS OLD, OR BEING A PERSON
IN A POSITION OF TRUST OF A CHILD LESS THAN FOURTEEN YEARS  OLD,  he  or
she recklessly causes [serious] physical injury to [a] SUCH child [under

S. 1721--B                          6

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  120.19  and
120.19-a to read as follows:
S 120.19 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:
  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 120.19-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-

S. 1721--B                          7

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
  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 190.17 to  read
as follows:
S 190.17 OBSTRUCTING THE LOCATION OF A MISSING CHILD.
  A  PERSON    IS  GUILTY OF OBSTRUCTING THE LOCATION OF A MISSING CHILD
WHEN HE OR SHE KNOWINGLY PROVIDES FALSE INFORMATION TO  LAW  ENFORCEMENT
OFFICIALS  AS TO THE WHEREABOUTS OF A CHILD LESS THAN FOURTEEN YEARS OLD
WHO HAS BEEN REPORTED MISSING, OR WHOSE WHEREABOUTS HAS BEEN UNKNOWN FOR
MORE THAN TWENTY-FOUR HOURS.
  OBSTRUCTING THE LOCATION OF A MISSING CHILD IS A CLASS E FELONY.
  S 15. The penal law is amended by adding a new section 190.18 to  read
as follows:

S. 1721--B                          8

S 190.18 CONCEALMENT OF A DEATH.
  A  PERSON IS GUILTY OF CONCEALMENT OF A DEATH WHEN HE OR SHE KNOWINGLY
MOVES OR OTHERWISE CONCEALS A HUMAN CORPSE  SO  THAT  DISCOVERY  OF  THE
DEATH OF SUCH PERSON WILL BE HINDERED.
  CONCEALMENT OF A DEATH IS A CLASS D FELONY.
  S  16. 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 THEN 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; OR
  3.  SUCH CONDUCT CONSISTS OF FAILING TO REPORT TO LAW ENFORCEMENT WHEN
THE WHEREABOUTS OF SUCH CHILD HAS BEEN UNKNOWN BY SUCH PERSON  FOR  MORE
THAN  TWENTY-FOUR  HOURS.  FOR  THE  PURPOSES OF THIS SECTION, A PARENT,
GUARDIAN OR OTHER PERSON LEGALLY CHARGED WITH THE CUSTODY OF, OR LEGALLY
RESPONSIBLE FOR THE CARE OF A CHILD UNDER THE AGE OF ELEVEN IS DEEMED TO
BE ACTING IN A MANNER LIKELY TO BE INJURIOUS TO THE PHYSICAL, MENTAL  OR
MORAL  WELFARE  OF  SUCH CHILD IF SUCH CHILD'S WHEREABOUTS IS UNKNOWN BY
SUCH PERSON FOR MORE THAN TWENTY-FOUR HOURS.
  AGGRAVATED ENDANGERING THE WELFARE OF A CHILD IS A CLASS E FELONY.
  S 17. 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 18. 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 19. 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,  120.10,
120.19,  120.19-A,  125.10,  125.15,  125.20,  125.23,  125.25,  125.26,

S. 1721--B                          9

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 20. 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
120.19 OF THE PENAL LAW, AGGRAVATED ABUSE OF A CHILD IN THE FIRST DEGREE
AS DEFINED IN SECTION 120.19-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-
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

S. 1721--B                         10

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-
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

S. 1721--B                         11

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 21. Paragraph (a) of subdivision 4 of section 509-cc of the  vehicle
and  traffic  law,  as  amended  by  chapter 400 of the laws of 2011, is
amended to read as follows:
  (a) The offenses referred to in subparagraph (ii) of paragraph (a)  of
subdivision  one  and  paragraph  (a) of subdivision two of this section
that result in permanent disqualification  shall  include  a  conviction
under  sections  125.12, 125.13, 125.14, 125.15, 125.20, 125.21, 125.22,
125.25, 125.26, 125.27, 130.30, 130.35, 130.45, 130.50, 130.65,  130.66,
130.67,  130.70, 130.75, 130.80, 130.90, 130.95, 130.96, 135.25, 150.20,
230.30, 230.32, 230.34, 235.22, 263.05, 263.10, 263.11,  263.15,  263.16
of  the  penal law or an attempt to commit any of the aforesaid offenses
under section 110.00 of the penal law,  OR  A  CHILD  ABUSE  OFFENSE  AS
DEFINED  IN  SUBDIVISION TWENTY-THREE OF SECTION 10.00 OF THE PENAL LAW,
or any offenses committed under a former section of the penal law  which
would  constitute violations of the aforesaid sections of the penal law,
or any offenses committed outside  this  state  which  would  constitute
violations of the aforesaid sections of the penal law.
  S 22. 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
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

S. 1721--B                         12

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  23.  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 24. 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  OF  THE  PENAL LAW, 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 homicide; or has been convicted of an attempt to commit
any of the foregoing crimes, and the victim or intended victim  was  the
child  or  another  child  of the parent or another child for whose care
such parent is or has been legally responsible as defined in subdivision
(g) of section one thousand twelve of the family court act,  or  another
parent  of  the child, unless the convicted parent was a victim of phys-
ical, sexual or psychological abuse by  the  decedent  parent  and  such
abuse was a factor in causing the attempted homicide;
  S  25.  This  act shall take effect on the sixtieth day after it shall
have become a law.

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