NY State Senate Bill 2017-S5425

Archive: Last Bill Status - In Senate Committee Codes Committee

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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to codes
Jun 21, 2017	committed to rules
May 22, 2017	advanced to third reading
May 17, 2017	2nd report cal.
May 16, 2017	1st report cal.1033
Mar 27, 2017	referred to codes

Votes

- May 16, 2017 - Codes Committee Vote
  S5425
  
  16
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: May 16, 2017
      
      aye (16)
      
      Akshar
      
      Boyle
      
      Croci
      
      Gallivan
      
      Golden
      
      Griffo
      
      Hoylman-Sigal
      
      Kaminsky
      
      Krueger
      
      Lanza
      
      O'Mara
      
      Peralta
      
      Savino
      
      Serrano
      
      Squadron
      
      Tedisco

2017-S5425 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Rpld §125.25 sub 5, amd Pen L, generally; amd §§30.30, 180.85, 190.25 & 700.05, CP L; amd §509-cc, V & T L; amd §4-1.6, EPT L; amd §§358-a & 384-b, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S7705
2011-2012: S3285
2013-2014: S3535
2015-2016: S2628
2019-2020: S2573

2017-S5425 (ACTIVE) - Summary

Enacts the child protection act of 2017; establishes the class A-I felony of aggravated murder of a child for which the sentence shall be life imprisonment without parole; aggravated murder of a child shall include intentional killing of a person under 14 while in the course of committing rape, criminal sexual acts, aggravated sexual abuse or incest against such child, or the depraved indifference or intentional killing of a person under 14 while being legally responsible for the care of such child; repeals provisions of murder in the second degree which mirror certain provisions of aggravated murder of a child

2017-S5425 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5425

 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, and aggravated manslaughter of a child; and to repeal
subdivision 5 of section 125.25 of the penal law relating to the
murder of a person under 14 years of age while in the course of
committing certain sex offenses

 SUMMARY OF PROVISIONS :

Section 1 - enacts "The Child Protection Act of 2017."

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-1
felony of aggravated murder of a child is also a class A-1 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-1 felony offense
of aggravated murder of a child.

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

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

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

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

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

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

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

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

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

Sections 22 - 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 23 - is the effective date.

 JUSTIFICATION :

Serious forms of child abuse are not adequately covered by existing
laws. What is more, many existing statutes are so overly complicated
as to be practically useless, or carry such disproportionately low
punishments as to permit serious child abuse to have essentially no
meaningful consequences. Current misdemeanors and nonviolent felonies
with probationary sentences do not do enough to save and protect
children from cruel and repeated maltreatment.

The Child Protection Act of 2017 fixes these problems in a measured,
concise way that respects the existing statutory scheme. The Act
would: Create a felony child endangering statute to protect children
from especially cruel and sadistic conduct, much as we have done to
protect animals through our Agricultural and Markets Law. Under
current law, unless physical injury results, the infliction on
children of sadistic, painful, dangerous punishments can typically be
charged only as misdemeanors. Yet, prosecutors throughout the state
frequently are presented with cases in which this type of chilling
abuse is visited by care givers upon the children they are meant to
protect. Real life cases of such torture include caregivers forcing
children to: kneel on rice or piles of pencils for hours; stand
outside for hours on winter nights wearing only underpants; regularly
gargle with and drink Tabasco sauce; remain locked in closets or in
cabinets or chained to radiators for hours on end; hang out of
upper-story windows while being held by the ankles. As accounts of the
heartbreaking life and tragic death of seven-year-old Nixzmary Brown
came to light in 2006, for example, it was revealed she had suffered
numerous forms of such punishment prior to her murder, including being
forced to regularly defecate and urinate in a litter box, being
submerged repeatedly in a tub filled with ice cold water, and being
duct-taped and bound to furniture for hours at a time. These forms of
child abuse are shocking when encountered and fall far beyond the
scope of what constitutes acceptable treatment of a child.
This Act would provide enhanced protection for children from these
types of cruel and sadistic abuse and create statutes to protect
children from serious reckless abuse. This would close loopholes in
the law which currently limit penalties for some extreme acts of abuse
to misdemeanors or make available only outdated, indecipherable,
complicated statutes that in recent years courts have made essentially
unavailable to prosecutors. The existing statutes are not written to
take into account the reality of how serious child abuse is often
inflicted: recklessly and violently, but without specific intent to
cause injury, and very often without use of a danger- ous instrument.
To the extent existing laws address reckless conduct, they minimize
the seriousness by treating it as low level offenses or often include
the requirement that the conduct be "depraved" an element that New
York courts have in recent years interpreted in a way that is
virtually impossible to prove. For example, under current law, parents
who recklessly starve an infant to the brink of death for 1-1/2 years
and to the point where the child becomes deformed and emaciated can be
charged with nothing more than a misdemeanor. In addition, many
existing statutes include multiple levels of mixed intent that are
nearly impos- sible to understand, let alone prove. Recognize that
caregivers and those in positions of trust to care for children have a
heightened duty of care to children and violating this special
relationship is an aggravating factor in any child abuse crime. There
is a special, dependent relationship between children and their
guardians, and children are particularly vulnerable to abuse by those
who should be their first-line protectors. Because of the nature of
the relationship, there is a heightened potential for both physical
and emotional harm to children at the hands of their caregivers. The
Act thus recognizes a betrayal of this relationship as an aggravating
factor in child abuse crimes.

With passage of the Child Protection Act of 2017, New York would
codify in explicit terms that breaches of caregivers' special duty of
care to dependant, defenseless children will carry added consequences
to reflect the seriousness of the breach. Increase penalties for
repeat child abusers. Where a person abuses a child and has previously
committed crimes against children, increased penalties are called for.
The Act would address this under Aggravated Abuse of A Child in the
First and Second Degrees, and under Aggravated Endangering the Welfare
of A Child by elevating charges one level if an abuser has a prior
child abuse conviction.

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

 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.

 LEGISLATIVE HISTORY :

2005-06: S.07661 - Referred to Codes
2007-08: S.675B - Referred to Codes
2007-08: S.08782 - Referred to Codes
2009-10: S.1510/A.182(Christensen) - Referred to Codes
2009-10: S.7705/A.11035(Lentol) - Referred to Codes
2011-12: S.3285/A.6776(Lentol) - Referred to Codes
2013-14: S.3535 - Referred to Codes
2015-16: S.2628 - Referred to Codes

 EFFECTIVE DATE :
Immediately, with provisions.

2017-S5425 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5425
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 27, 2017
                                ___________
 
 Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the penal law, the criminal procedure law,  the  vehicle
   and  traffic  law,  the  estates, powers and trusts law and the social
   services law, in relation to establishing the offenses  of  aggravated
   murder  of  a  child, aggravated abuse of a child in the third degree,
   aggravated abuse of a child in the second degree, aggravated abuse  of
   a  child  in  the  first  degree,  aggravated manslaughter of a child,
   aggravated  endangering  the  welfare  of  a  child,  and   aggravated
   manslaughter of a child; and to repeal subdivision 5 of section 125.25
   of  the penal law relating to the murder of a person under 14 years of
   age while in the course of committing certain sex offenses
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "child protection act of 2017".
   § 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
 DEFINED  IN SUBDIVISION TWO OF SECTION 230.30; PROMOTING PROSTITUTION IN
 THE FIRST DEGREE AS DEFINED IN SECTION  230.32;  DISSEMINATING  INDECENT
 MATERIALS  TO  MINORS IN THE SECOND DEGREE AS DEFINED IN SECTION 235.21;
 DISSEMINATING INDECENT MATERIALS  TO  MINORS  IN  THE  FIRST  DEGREE  AS
 DEFINED  IN SECTION 235.22; ABANDONMENT OF A CHILD AS DEFINED IN SECTION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD08710-01-7

 S. 5425                             2
 
 260.00; NON-SUPPORT OF A CHILD  IN  THE  SECOND  DEGREE  AS  DEFINED  IN
 SECTION 260.05; NON-SUPPORT OF A CHILD IN THE FIRST DEGREE AS DEFINED IN
 SECTION 260.06; ENDANGERING THE WELFARE OF A CHILD AS DEFINED IN SECTION
 260.10;  AGGRAVATED  ENDANGERING  THE  WELFARE  OF A CHILD AS DEFINED IN
 SECTION 260.09; UNLAWFULLY DEALING WITH A CHILD IN THE FIRST  DEGREE  AS
 DEFINED IN SECTION 260.20; UNLAWFULLY DEALING WITH A CHILD IN THE SECOND
 DEGREE  AS  DEFINED  IN SECTION 260.21; OR AN OFFENSE DEFINED IN ARTICLE
 TWO HUNDRED SIXTY-THREE OF THIS CHAPTER; OR
   (B) AN OFFENSE DEFINED IN ARTICLE  ONE  HUNDRED  TWENTY,  ONE  HUNDRED
 TWENTY-FIVE, ONE HUNDRED THIRTY OR ONE HUNDRED THIRTY-FIVE OF THIS CHAP-
 TER  PROVIDED  THE VICTIM OF SUCH OFFENSE IS LESS THAN FOURTEEN YEARS OF
 AGE; OR
   (C) AN ATTEMPT TO COMMIT AN OFFENSE LISTED IN PARAGRAPH (A) OR (B)  OF
 THIS SUBDIVISION; OR
   (D)  AN  OFFENSE  IN  ANY OTHER JURISDICTION WHICH INCLUDES ALL OF THE
 ESSENTIAL ELEMENTS OF ANY SUCH CRIME LISTED IN PARAGRAPH (A), (B) OR (C)
 OF THIS SUBDIVISION.
   § 3. Section 60.06 of the penal law, as amended by chapter 482 of  the
 laws of 2009, is amended to read as follows:
 § 60.06 Authorized  disposition;  murder  in the first degree offenders;
           aggravated murder offenders;  AGGRAVATED  MURDER  OF  A  CHILD
           OFFENDERS;  certain  murder  in  the  second degree offenders;
           certain terrorism offenders; criminal possession of a chemical
           weapon or biological weapon offenders; criminal use of a chem-
           ical weapon or biological weapon offenders.
   When a defendant is convicted of murder in the first degree as defined
 in section 125.27 of this chapter, the court shall, in  accordance  with
 the provisions of section 400.27 of the criminal procedure law, sentence
 the  defendant  to death, to life imprisonment without parole in accord-
 ance with subdivision five of section 70.00 of this title, or to a  term
 of  imprisonment  for  a  class A-I felony other than a sentence of life
 imprisonment without parole, in accordance with subdivisions one through
 three of section 70.00 of this title. When a  person  is  convicted  [of
 murder  in  the  second degree as defined in subdivision five of section
 125.25 of this chapter or] of the crime of aggravated murder as  defined
 in  subdivision one of section 125.26 of this chapter OR OF THE CRIME OF
 AGGRAVATED MURDER OF A CHILD AS DEFINED IN SECTION 125.28 OF THIS  CHAP-
 TER, the court shall sentence the defendant to life imprisonment without
 parole  in  accordance  with  subdivision  five of section 70.00 of this
 title. When a defendant is  convicted  of  the  crime  of  terrorism  as
 defined in section 490.25 of this chapter, and the specified offense the
 defendant  committed  is a class A-I felony offense, or when a defendant
 is convicted of the crime of criminal possession of a chemical weapon or
 biological weapon in the first degree as defined in  section  490.45  of
 this  chapter, or when a defendant is convicted of the crime of criminal
 use of a chemical weapon or biological weapon in  the  first  degree  as
 defined  in section 490.55 of this chapter, the court shall sentence the
 defendant to life imprisonment without parole in accordance with  subdi-
 vision  five  of  section  70.00  of this title; provided, however, that
 nothing in this section shall preclude or prevent a  sentence  of  death
 when  the  defendant  is also convicted of murder in the first degree as
 defined in section 125.27 of this chapter. When a defendant is convicted
 of aggravated murder as defined in subdivision two of section 125.26  of
 this  chapter,  the court shall sentence the defendant to life imprison-
 ment without parole or to a term of imprisonment for a class A-I  felony

 S. 5425                             3
 
 other than a sentence of life imprisonment without parole, in accordance
 with subdivisions one through three of section 70.00 of this title.
   §  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.
   §  5.  Subdivision  5 of section 70.00 of the penal law, as amended by
 chapter 482 of the laws of 2009, is amended to read as follows:
   5.  Life  imprisonment  without  parole.  Notwithstanding  any   other
 provision  of  law,  a  defendant sentenced to life imprisonment without
 parole shall not  be  or  become  eligible  for  parole  or  conditional
 release.  For  purposes of commitment and custody, other than parole and
 conditional release, such sentence shall be deemed to be  an  indetermi-
 nate  sentence.  A defendant may be sentenced to life imprisonment with-
 out parole upon conviction for the crime of murder in the  first  degree
 as  defined in section 125.27 of this chapter and in accordance with the
 procedures provided by law for imposing a sentence  for  such  crime.  A
 defendant  must  be  sentenced  to life imprisonment without parole upon
 conviction for the crime of terrorism as defined in  section  490.25  of
 this  chapter,  where the specified offense the defendant committed is a
 class A-I felony; the crime of criminal possession of a chemical  weapon
 or biological weapon in the first degree as defined in section 490.45 of
 this  chapter;  or  the  crime  of  criminal use of a chemical weapon or
 biological weapon in the first degree as defined in  section  490.55  of
 this  chapter; provided, however, that nothing in this subdivision shall
 preclude or prevent a sentence of  death  when  the  defendant  is  also
 convicted  of  the  crime  of  murder  in the first degree as defined in
 section 125.27 of this chapter.  A defendant must be sentenced  to  life
 imprisonment  without parole upon conviction [for the crime of murder in
 the second degree as defined in subdivision five of  section  125.25  of
 this chapter or] for the crime of aggravated murder as defined in subdi-
 vision  one of section 125.26 of this chapter OR FOR THE CRIME OF AGGRA-
 VATED MURDER OF A CHILD AS DEFINED IN SECTION 125.28 OF THIS CHAPTER.  A
 defendant  may  be  sentenced  to  life imprisonment without parole upon
 conviction for the crime of aggravated murder as defined in  subdivision
 two of section 125.26 of this chapter.

 S. 5425                             4
 
   §  6. Paragraphs (a), (b) and (c) of subdivision 1 of section 70.02 of
 the penal law, paragraphs (a) and (c) as amended by chapter 368  of  the
 laws  of  2015, and paragraph (b) 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, sex  traffick-
 ing  as defined in paragraphs (a) and (b) of subdivision five of section
 230.34, incest in the first degree as defined in section 255.27,  crimi-
 nal  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 120.09-B, 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-
 cal  weapon  or  biological  weapon  in  the  third degree as defined in
 section 490.37.

 S. 5425                             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 120.09-A, 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, labor trafficking  as
 defined  in  paragraphs  (a)  and  (b)  of  subdivision three of section
 135.35, 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 terror-
 ism  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.
   §  7.  Subdivision 1 of section 110.05 of the penal law, as amended by
 section 8 of subpart A of part H of chapter 55 of the laws of  2014,  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;
   § 8. Section 120.01 of the penal law, as added by chapter 600  of  the
 laws of 1998, is amended to read as follows:
 § 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.
   §  9. The penal law is amended by adding two new sections 120.09-a and
 120.09-b to read as follows:
 § 120.09-A AGGRAVATED ABUSE OF A CHILD IN THE SECOND DEGREE.

 S. 5425                             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.
 § 120.09-B 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.
   § 10. The penal law is amended by adding two new sections  125.23  and
 125.28 to read as follows:
 § 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.
 § 125.28 AGGRAVATED MURDER OF A CHILD.
   A PERSON IS GUILTY OF AGGRAVATED MURDER OF A CHILD WHEN:

 S. 5425                             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.
   § 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].
   § 12. Subdivision 5 of section 125.25 of the penal law is REPEALED.
   §  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
   § 14. The penal law is amended by adding a new section 260.09 to  read
 as follows:
 § 260.09 AGGRAVATED ENDANGERING THE WELFARE OF A CHILD.
   A  PERSON  IS  GUILTY OF AGGRAVATED ENDANGERING THE WELFARE OF A CHILD
 WHEN, BEING EIGHTEEN YEARS OLD OR MORE, AND BEING A PARENT, GUARDIAN  OR
 OTHER PERSON LEGALLY CHARGED WITH THE CUSTODY OF, OR LEGALLY RESPONSIBLE
 FOR THE CARE OF, A CHILD LESS THAN FOURTEEN YEARS OLD, OR BEING A PERSON
 IN  A  POSITION  OF TRUST OF A CHILD LESS THAN FOURTEEN YEARS OLD, HE OR
 SHE KNOWINGLY ACTS IN A MANNER LIKELY TO BE INJURIOUS TO  THE  PHYSICAL,
 MENTAL OR MORAL WELFARE OF SUCH CHILD, AND:
   1. PREVIOUSLY HAS BEEN CONVICTED OF A CHILD ABUSE OFFENSE; OR
   2.  SUCH  CONDUCT CONSISTS OF TWO OR MORE ACTS OF CRUELTY AGAINST SUCH
 CHILD. FOR PURPOSES OF THIS SUBDIVISION, "CRUELTY" MEANS  CONDUCT  WHICH
 (A)  CAUSES  EXTREME  PHYSICAL  PAIN,  OR (B) WHICH IS CARRIED OUT IN AN
 ESPECIALLY VICIOUS OR SADISTIC MANNER.
   AGGRAVATED ENDANGERING THE WELFARE OF A CHILD IS A CLASS E FELONY.

 S. 5425                             8
 
   § 15. Paragraph (a) of subdivision 3 of section 30.30 of the  criminal
 procedure  law, as amended by chapter 93 of the laws of 2006, is amended
 to read as follows:
   (a) Subdivisions one and two do not apply to a criminal action wherein
 the  defendant  is  accused  of  an  offense defined in sections 125.10,
 125.15, 125.20, 125.25, 125.26 [and], 125.27 AND  125.28  of  the  penal
 law.
   §  16.  Subdivision 1 of section 180.85 of the criminal procedure law,
 as amended by chapter 93 of the laws of 2006,  is  amended  to  read  as
 follows:
   1.  After  arraignment  of  a defendant upon a felony complaint, other
 than a felony complaint charging an offense defined in  section  125.10,
 125.15,  125.20,  125.23,  125.25,  125.26 [or], 125.27 OR 125.28 of the
 penal law, either party or the local criminal court  or  superior  court
 before  which  the  action  is  pending,  on its own motion, may move in
 accordance with the provisions of this section for an order  terminating
 prosecution of the charges contained in such felony complaint on consent
 of the parties.
   § 17. Paragraph (h) of subdivision 3 of section 190.25 of the criminal
 procedure law, as amended by chapter 347 of the laws of 2014, 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, or a social worker or informal caregiver, as provided in
 subdivision two of section two hundred six  of  the  elder  law,  for  a
 vulnerable  elderly  person  as provided in subdivision three of section
 260.31 of the penal law, who is called to give evidence in a grand  jury
 proceeding concerning a crime defined in article one hundred twenty-one,
 article  one  hundred thirty, article two hundred sixty, section 120.01,
 120.09-A, 120.09-B, 120.10,  125.10,  125.15,  125.20,  125.23,  125.25,
 125.26,  125.27,  125.28,  255.25,  255.26 [or], 255.27 OR 260.09 of the
 penal law provided that the district  attorney  consents.  Such  support
 person  shall  not provide the witness with an answer to any question or
 otherwise participate in such proceeding and shall first  take  an  oath
 before the grand jury that he or she will keep secret all matters before
 such grand jury within his or her knowledge.
   § 18. Paragraph (b) of subdivision 8 of section 700.05 of the criminal
 procedure law, as amended by chapter 368 of the laws of 2015, is amended
 to read as follows:
   (b)  Any  of  the  following felonies: assault in the second degree as
 defined in section 120.05 of the penal law, AGGRAVATED ABUSE OF A  CHILD
 IN  THE  THIRD  DEGREE  AS  DEFINED  IN SECTION 120.01 OF THE PENAL LAW,
 AGGRAVATED ABUSE OF A CHILD IN THE SECOND DEGREE AS DEFINED  IN  SECTION
 120.09-A  OF  THE  PENAL  LAW,  AGGRAVATED ABUSE OF A CHILD IN THE FIRST
 DEGREE AS DEFINED IN SECTION 120.09-B OF THE PENAL LAW, assault  in  the
 first  degree  as  defined  in section 120.10 of the penal law, reckless
 endangerment in the first degree as defined in  section  120.25  of  the
 penal  law,  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,  AGGRA-
 VATED  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

 S. 5425                             9
 
 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, aggravated labor traf-
 ficking as defined in section 135.37 of the penal law, custodial  inter-
 ference  in  the  first degree as defined in section 135.50 of the penal
 law, coercion in the first degree as defined in section  135.65  of  the
 penal  law,  criminal trespass in the first degree as defined in section
 140.17 of the penal law, burglary in the  third  degree  as  defined  in
 section  140.20  of  the  penal  law,  burglary  in the second degree as
 defined in section 140.25 of the penal law, burglary in the first degree
 as defined in section 140.30 of the penal law, criminal mischief in  the
 third  degree  as  defined  in section 145.05 of the penal law, criminal
 mischief in the second degree as defined in section 145.10 of the  penal
 law,  criminal mischief in the first degree as defined in section 145.12
 of the penal law, criminal tampering in the first degree as  defined  in
 section  145.20  of the penal law, arson in the fourth degree as defined
 in section 150.05 of the penal law, arson in the third degree as defined
 in section 150.10 of the penal  law,  arson  in  the  second  degree  as
 defined in section 150.15 of the penal law, arson in the first degree as
 defined  in section 150.20 of the penal law, grand larceny in the fourth
 degree as defined in section 155.30 of the penal law, grand  larceny  in
 the  third  degree  as defined in section 155.35 of the penal law, grand
 larceny in the second degree as defined in section 155.40 of  the  penal
 law,  grand  larceny in the first degree as defined in section 155.42 of
 the penal law, health care fraud in the  fourth  degree  as  defined  in
 section  177.10  of the penal law, health care fraud in the third degree
 as defined in section 177.15 of the penal law, health care fraud in  the
 second degree as defined in section 177.20 of the penal law, health care
 fraud in the first degree as defined in section 177.25 of the penal law,
 robbery  in  the  third degree as defined in section 160.05 of the penal
 law, robbery in the second degree as defined in section  160.10  of  the
 penal  law,  robbery in the first degree as defined in section 160.15 of
 the penal law, unlawful use of secret scientific material as defined  in
 section  165.07 of the penal law, criminal possession of stolen property
 in the fourth degree as defined in section  165.45  of  the  penal  law,
 criminal possession of stolen property in the third degree as defined in
 section  165.50 of the penal law, criminal possession of stolen property
 in the second degree as defined by section  165.52  of  the  penal  law,
 criminal possession of stolen property in the first degree as defined by
 section  165.54 of the penal law, trademark counterfeiting in the second
 degree as defined in section 165.72 of the penal law, trademark counter-
 feiting in the first degree as defined in section 165.73  of  the  penal

 S. 5425                            10
 
 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,
 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;
   §  19. 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

 S. 5425                            11
 
 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.
   § 20. Section 4-1.6 of the estates, powers and trusts law, as added by
 chapter 481 of the laws of 1994, is amended to read as follows:
 § 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.
   §  21.  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;
   § 22. 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

 S. 5425                            12
 
 125.20, or manslaughter in the  second  degree  as  defined  in  section
 125.15, and the victim of any such crime was another child of the parent
 or  another  child  for  whose  care  such parent is or has been legally
 responsible as defined in subdivision (g) of section one thousand twelve
 of  the  family  court  act,  or another parent of the child, unless the
 convicted parent was a victim of physical, sexual or psychological abuse
 by the decedent parent and such abuse was a factor in causing the  homi-
 cide; or has been convicted of an attempt to commit any of the foregoing
 crimes, and the victim or intended victim was the child or another child
 of the parent or another child for whose care such parent is or has been
 legally  responsible  as defined in subdivision (g) of section one thou-
 sand twelve of the family court act, or another  parent  of  the  child,
 unless  the convicted parent was a victim of physical, sexual or psycho-
 logical abuse by the decedent parent and such  abuse  was  a  factor  in
 causing the attempted homicide;
   § 23. This act shall take effect immediately.

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Senate Bill S5425

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

May 16, 2017 - Codes Committee Vote

Codes Committee Vote: May 16, 2017

2017-S5425 (ACTIVE) - Details

2017-S5425 (ACTIVE) - Summary

2017-S5425 (ACTIVE) - Sponsor Memo

2017-S5425 (ACTIVE) - Bill Text download pdf

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Senate Bill S5425

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Sponsored By

Jamaal T. Bailey

Archive: Last Bill Status - In Senate Committee Codes Committee

2017-S5425 (ACTIVE) - Details

2017-S5425 (ACTIVE) - Summary

2017-S5425 (ACTIVE) - Sponsor Memo

2017-S5425 (ACTIVE) - Bill Text download pdf

Comments