| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| May 21, 2025 |
recommit, enacting clause stricken |
| May 09, 2025 |
referred to codes |
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Senate Bill S7851
2025-2026 Legislative Session
Enacts "Erin's law", establishing the offense of aggravated murder, abuse, and manslaughter of a child; requires the recording of calls to the statewide register of child abuse; repealer
download bill text pdfSponsored By
(D) 23rd Senate District
Current Bill Status - Stricken
- 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
Actions
2025-S7851 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A8343
- 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, 422, 424 & 420, Soc Serv L; amd §1012, Fam Ct Act
2025-S7851 (ACTIVE) - Summary
Establishes the offense of aggravated murder of a child, aggravated abuse of a child, aggravated manslaughter of a child, and aggravated endangering the welfare of a child; requires the recording of calls to the statewide register of child abuse made by mandated reporters; defines "neglected child".
2025-S7851 (ACTIVE) - Sponsor Memo
BILL NUMBER: S7851
SPONSOR: SCARCELLA-SPANTON
TITLE OF BILL:
An act to amend the penal law, the criminal procedure law, the estates,
powers and trusts law and the social services law, in relation to estab-
lishing the offense of aggravated murder of a child; to amend the penal
law, the criminal procedure law and the vehicle and traffic law, in
relation to establishing the offenses of aggravated abuse of a child in
the second degree, aggravated abuse of a child in the first degree, and
aggravated manslaughter of a child; to amend the penal law, and the
criminal procedure law, in relation to establishing the offense of
aggravated endangering the welfare of a child; to amend the social
services law, in relation to aggravated manslaughter of a child; to
amend the social services law, in relation to requiring the recording of
calls to the statewide central register of child abuse and maltreatment
made by persons required by law to report child abuse, requiring the
office of children and family services to investigate the prior history
of the subject of a report of child abuse or maltreatment and requiring
such office to inform a caller if a report cannot be taken; requiring
increased scrutiny and the presence of law enforcement during the inves-
tigation of a child abuse or maltreatment report with prior history of
such reports; to amend the family court act, in relation to the defi-
nition of the term "neglected child"; and to repeal subdivision 5 of section 125.25 of the penal law relating to the murder of a person under fourteen years of age while in the course of committing certain sex offenses PURPOSE OR GENERAL IDEA OF BILL: To enact Erin's law and establish increased protection for vulnerable children. SUMMARY OF PROVISIONS: Section 1. Sets the short title as "Erin's Law." Section 2. Adds two new subdivisions to § 10.00 of the penal law to define the terms "person in position of trust" and "child abuse offense". Sections 3-5. Amends § 60.06 and § 70.00 of the penal law to include the crime of aggravated murder of a child in the list of offenses that shall be sentenced to life without parole. Section 6. Amends § 70.02 of the penal law to establish aggravated manslaughter of a child as a Class B violent felony, aggravated abuse of a child in the first degree as a Class C violent felony, and aggravated abuse of a child in the second degree as a Class D violent felony. Section 7. Amends § 110.05 of the penal law to establish aggravated murder of a child as a Class A-I felony. Section 8. Amends § 120.01 of the penal law to include injury as defined in subdivision nine of § 10.00 of the penal law under the definition of Reckless assault of a child by a day care provider. Section 9. Amends § 120.02 of the penal law to reclassify "Reckless assault of a child" as "Aggravated abuse of a child in the first degree". Includes intent to cause serious physical injury to another person but then injures a child and reckless action that injures a child. Requires that such person has been previously convicted of a child abuse offense, hurt another child during the same course of conduct, used a deadly weapon or dangerous instrument, or recklessly engaged in conduct on at least one other occasion that created a grave risk of serious injury or death to a child and thereby cause serious injury to such child. Section 10. Adds a new § 120.02-a to the penal law to create the crime of Aggravated abuse of a child in the second degree. Section 11. Adds two new sections to the penal law, § 125.23 and § 125.28, to establish the crimes of Aggravated manslaughter of a child and Aggravated murder of a child. Aggravated manslaughter of a child is defined as a parent/guardian or person in a position of trust of a child under the age of fourteen engaging in reckless conduct which creates a grave risk of serious physical injury or death to such child and thereby cause the death of such child. Aggravated murder of a child is defined as when (1) a parent/guardian or person in a position of trust of a child younger than fourteen causes the death of a child with the intent to cause such death, (2) a parent/guardian or person in a position of trust of a child younger than fourteen, under circumstances evincing a depraved indifference to human life, engages in reckless conduct which creates a grave risk of serious physical injury or death to such child and thereby cause the death of such child, or (3) and individual eigh- teen years of age or older intentionally causes the death of a child younger than fourteen while in the course of committing rape in the first, second, or third degree, aggravated sexual abuse in the first, second, third, or fourth degree, predatory sexual assault against a child, or incest against a child. Section 12 and 13. Repeals subdivision 5 of § 125.25 of the penal law. Section 14. Amends § 125.27 to include aggravated murder of a child. Section 15. Establishes the crime of aggravated endangering the welfare of a child. A person is guilty of aggravated endangering the welfare of a child when a parent/guardian or person in a position of trust of a child younger than fourteen knowingly acts in a manner likely to be injurious to such child and has been convicted of a child abuse offense, or such conduct consists of two or more acts of cruelty against such child. Section 16. Amends paragraph (a) of subdivision 3 of § 30.30 of the criminal procedure law to include aggravated murder of a child. Section 17. Amends subdivision 1 of § 180.85 of the criminal procedure law to include aggravated murder of a child and aggravated manslaughter of a child. Section 18. Amends paragraph (h) of subdivision 190.25 of the criminal procedure law to include reckless assault of a child by a day care provider, aggravated abuse of a child in the first and second degrees, aggravated endangering the welfare of a child, aggravated manslaughter of a child, and aggravated murder of a child. Section 19. Amends paragraph (b) of subdivision 8 of section 700.05 of the criminal procedure law to include reckless assault of a child by a day care provider, aggravated abuse of a child in the first and second degrees, aggravated endangering the welfare of a child, aggravated manslaughter of a child, and aggravated murder of a child. Section 20. Amends paragraph (a) of subdivision 4 of section 509-cc of the vehicle and traffic law to include any child abuse offense under subdivision twenty-four of § 10.00 of the penal law. Section 21. Amends § 4-1.6 of the estates, powers, and trusts law to prevent the inheritance of property from a joint tenant when such indi- vidual has been convicted of aggravated murder of a child and such child was also a joint tenant. Section 22. Amends subparagraph 2 of paragraph (b) of subdivision 3 of § 358-a of the social services law to allow for immediate removal of children from the home when the parent has been convicted of aggravated manslaughter of a child or aggravated murder of a child. Section 23. Amends clause (A) of subparagraph (iii) of paragraph (a) of subdivision 8 of § 384-b of the social services law to add aggravated manslaughter of a child and aggravated abuse of a child. States that a child is "severely abused" when a parent has been convicted of such. Section 24. Amends paragraph (a) of subdivision 2 of § 422 of the social services law to require mandatory reports to be recorded, and that recordings of such calls be kept for the mandatory time require by stat- ute, and that recordings for calls that do not constitute a report be kept for two years. Such recordings shall be confidential and available only to the statewide central register of child abuse and maltreatment. A written transcript may be obtained only via judicial subpoena under determination that such transcript is necessary evidence in a criminal of family court proceeding. Section 25. Amends subdivision 2 of § 422 of the social services law by adding a new paragraph (e) that would require OCFS to convey to a caller of the statewide central register that such caller has the ability to speak with a supervisor about the reasons for the decision not to regis- ter the report. Section 26. Amends paragraph (a) of subdivision 6 of § 424 of the social services law to increase scrutiny of any report received when two or more reports have been indicated or are pending with the same child, a sibling, or other children in such a household. Section 27. Amends § 424 of the social services law to require a law enforcement to accompany child protective investigators when there have been two or more reports indicated or pending within six months. Section 28. Amends § 420 of the social services law to establish that a person who is convicted of failure to report a child abuse offense two or more times within two years is guilty of a class E felony. Section 29. Amends subdivision (f) of § 1012 of the family court act, to update the definition of a neglected child. Removes the requirement that such a child be in imminent danger of becoming impaired, but just in danger of being impaired. Requires that parents/guardians provide chil- dren with a sanitary living environment, warmth, sustenance, and any necessity of life. Adds immunizations, remedial care, and psychological and/or psychiatric care to the list of required medical care. Section 30. Establishes the effective date. JUSTIFICATION: On August 29. 2008, an 11-year-old Oswego County girl, Erin Maxwell, was found fatally injured in her home. She would later die at University Hospital. The Onondaga County Medical Examiner stated that Erin died of asphyxiation and suffered sexual trauma. Erin's stepbrother, Alan Jones, was later charged with murder. Her father and stepmother were each charged with six counts of endangering the welfare of a child. Erin's life, like her death, was tragic. Erin lived in deplorable, filthy, and inhuman conditions. Her father, Lindsey Maxwell, admitted to authorities that the family kept "Erin locked in her bedroom." The Maxwell home was full of about one hundred cats and caged poultry. Officials at Erin's school frequently smelled cat urine on Erin's clothes. Garbage was routinely piled on the porch of the Maxwell house. Erin was fed little by her family and was frequently hungry at school. Oswego County Department of Social Services made three visits to Maxwell home. The final visit was in 2006. Case workers determined that no prob- lems existed in the Maxwell home and that the amount of care given to Erin was adequate. The system failed Erin Maxwell. This failure led to her sad death. Erin's Law will help to see that no child in this state is ever forced to exist in conditions like Erin's. This legislation increases the penalties for those who commit certain crimes against children, requires better records of calls made alleging child abuse and neglect, enhances the penalties for those who fail to report child abuse or maltreatment on multiple occasions and updates the definition of "neglected child" to better serve the interests of New York State's most vulnerable children. In 2018, after serving only nine years for the murder of his stepsister, Alan Jones was released from prison. This legislation cannot help Erin Maxwell, but it can help the thousands of other New York children who face similar situations. PRIOR LEGISLATIVE HISTORY: 2011-2012: S.3582-A - Amend and Recommit to Codes 2009-2010: A.182 - Referred to codes / S.1510 - Referred to Codes 2008: S.8782 - Referred to Rules FISCAL IMPLICATIONS: To be determined. EFFECTIVE DATE: This act shall take effect immediately, if sections twenty-four and twenty-five of this act shall take effect on the one hundred eightieth day after it shall have become a law.
2025-S7851 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
7851
2025-2026 Regular Sessions
I N S E N A T E
May 9, 2025
___________
Introduced by Sen. SCARCELLA-SPANTON -- 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 estates,
powers and trusts law and the social services law, in relation to
establishing the offense of aggravated murder of a child; to amend the
penal law, the criminal procedure law and the vehicle and traffic law,
in relation to establishing the offenses of aggravated abuse of a
child in the second degree, aggravated abuse of a child in the first
degree, and aggravated manslaughter of a child; to amend the penal
law, and the criminal procedure law, in relation to establishing the
offense of aggravated endangering the welfare of a child; to amend the
social services law, in relation to aggravated manslaughter of a
child; to amend the social services law, in relation to requiring the
recording of calls to the statewide central register of child abuse
and maltreatment made by persons required by law to report child
abuse, requiring the office of children and family services to inves-
tigate the prior history of the subject of a report of child abuse or
maltreatment and requiring such office to inform a caller if a report
cannot be taken; requiring increased scrutiny and the presence of law
enforcement during the investigation of a child abuse or maltreatment
report with prior history of such reports; to amend the family court
act, in relation to the definition of the term "neglected child"; and
to repeal subdivision 5 of section 125.25 of the penal law relating to
the murder of a person under fourteen 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
"Erin's law".
§ 2. Section 10.00 of the penal law is amended by adding two new
subdivisions 23 and 24 to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11921-01-5
S. 7851 2
23. "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.
24. "CHILD ABUSE OFFENSE" MEANS:
(A) AN OFFENSE DEFINED IN ARTICLE ONE HUNDRED TWENTY, ONE HUNDRED
TWENTY-ONE, ONE HUNDRED TWENTY-FIVE, ONE HUNDRED THIRTY, OR ONE HUNDRED
THIRTY-FIVE OF THIS CHAPTER, PROVIDED THE VICTIM OF SUCH OFFENSE IS LESS
THAN FOURTEEN YEARS OF AGE;
(B) ANY OFFENSE DEFINED IN SECTION 230.05, 230.06, 230.11, 230.12,
230.13, 230.30, 230.32, 230.33, 230.34, 230.34-A, 230.35, 230.36,
230.40, 235.21, 235.22, 255.25, 255.26, 255.27, 260.00, 260.05, 260.06,
260.09, 260.10, 260.20, 260.21, 260.24, 260.25, 260.32, OR 260.34 OF
THIS CHAPTER, PROVIDED THE PERPETRATOR OF SUCH OFFENSE IS GREATER THAN
EIGHTEEN YEARS OF AGE, UNLESS OTHERWISE PROVIDED, AND THE VICTIM OF SUCH
OFFENSE IS LESS THAN FOURTEEN YEARS OF AGE; OR ANY OFFENSE DEFINED IN
ARTICLE TWO HUNDRED SIXTY-THREE OF THIS CHAPTER;
(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
S. 7851 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.
§ 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
section 40-a of part WWW of chapter 59 of the laws of 2017, 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 without
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 who was eighteen years of age or older at the time of the
commission of the crime 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 chemi-
cal 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 who was seven-
teen years of age or younger at the time of the commission of the crime
may be sentenced, in accordance with law, to the applicable indetermi-
S. 7851 4
nate sentence with a maximum term of life imprisonment. 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 subdivision one of section 125.26 of this chapter OR FOR
THE CRIME OF AGGRAVATED MURDER OF A CHILD AS DEFINED IN SECTION 125.28
OF THIS CHAPTER. 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.
§ 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 23 of the
laws of 2024, and paragraph (b) as amended by chapter 94 of the laws of
2020, 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, a crime formerly 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 trafficking as defined in para-
graphs (a) and (b) of subdivision five of section 230.34, sex traffick-
ing of a child as defined in section 230.34-a, 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, firefighter or emer-
gency 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 120.02, strangulation in the
first degree as defined in section 121.13, aggravated strangulation as
defined in section 121.13-a, burglary in the second degree as defined in
section 140.25, robbery in the second degree as defined in section
160.10, criminal possession of a weapon in the second degree as defined
S. 7851 5
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.
(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 120.02-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, a crime formerly 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 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, aggra-
vated unpermitted use of indoor pyrotechnics in the first degree as
defined in section 405.18, and criminal manufacture, sale, or transport
of an undetectable firearm, rifle or shotgun as defined in section
265.50.
§ 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 of a child by a child day care provider.
A person is guilty of reckless assault of a child when, being a child
day care provider or an employee thereof, [he or she] SUCH PERSON reck-
lessly causes [serious] physical injury, AS DEFINED IN SUBDIVISION NINE
S. 7851 6
OF SECTION 10.00 OF THIS CHAPTER, to a child under the care of such
provider or employee who is less than [eleven] FOURTEEN years of age.
Reckless assault of a child by a child day care provider is a class E
felony.
§ 9. Section 120.02 of penal law, as added by chapter 110 of the laws
of 2006, is amended to read as follows:
§ 120.02 [Reckless assault] AGGRAVATED ABUSE of a child IN THE FIRST
DEGREE.
1. A person is guilty of [reckless assault] AGGRAVATED ABUSE of a
child IN THE FIRST DEGREE when, being eighteen years of age 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, such person:
A. recklessly causes serious physical injury to the brain of a child
less than five years old by shaking the child, or by slamming or throw-
ing the child so as to impact the child's head on a hard surface or
object;
B. WITH INTENT TO CAUSE SERIOUS PHYSICAL INJURY TO ANOTHER PERSON,
CAUSES SERIOUS PHYSICAL INJURY TO SUCH CHILD; OR
C. 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:
(I) HAS PREVIOUSLY BEEN CONVICTED OF A CHILD ABUSE OFFENSE;
(II) DURING THE SAME COURSE OF CONDUCT, 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;
(III) CAUSES SUCH INJURY BY MEANS OF A DEADLY WEAPON OR DANGEROUS
INSTRUMENT; OR
(IV) 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.
2. For purposes of subdivision one of this section, the following
shall constitute "serious physical injury":
a. "serious physical injury" as defined in subdivision ten of section
10.00 of this chapter; or
b. extreme rotational cranial acceleration and deceleration and one or
more of the following: (i) subdural hemorrhaging; (ii) intracranial
hemorrhaging; or (iii) retinal hemorrhaging.
[Reckless assault] AGGRAVATED ABUSE of a child IN THE FIRST DEGREE is
a class [D] C felony.
§ 10. The penal law is amended by adding a new section 120.02-a to
read as follows:
§ 120.02-A 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, SUCH
PERSON:
1. WITH INTENT TO CAUSE PHYSICAL INJURY TO ANOTHER PERSON, CAUSES
PHYSICAL INJURY TO SUCH CHILD;
S. 7851 7
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 RECKLESS ASSAULT OF A CHILD BY A CHILD DAY
CARE PROVIDER AS DEFINED IN SECTION 120.01 OF THIS ARTICLE AND PREVIOUS-
LY HAS BEEN CONVICTED OF A CHILD ABUSE OFFENSE.
AGGRAVATED ABUSE OF A CHILD IN THE SECOND DEGREE IS A CLASS D FELONY.
§ 11. 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 IS A PERSON IN A POSITION
OF TRUST OF A CHILD LESS THAN FOURTEEN YEARS OLD, SUCH PERSON RECKLESSLY
ENGAGES IN CONDUCT WHICH CREATES A GRAVE RISK OF SERIOUS PHYSICAL INJURY
OR DEATH TO SUCH CHILD AND THEREBY CAUSES THE DEATH OF SUCH CHILD.
AGGRAVATED MANSLAUGHTER OF A CHILD IS A CLASS B FELONY.
§ 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, SUCH PERSON CAUSES THE
DEATH OF SUCH CHILD;
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, SUCH
PERSON RECKLESSLY ENGAGES IN CONDUCT WHICH CREATES A GRAVE RISK OF SERI-
OUS 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, A CRIME FORMERLY DEFINED IN
SECTION 130.50 OF THIS TITLE, AGGRAVATED SEXUAL ABUSE IN THE FIRST,
SECOND, THIRD OR FOURTH DEGREE, PREDATORY SEXUAL ASSAULT AGAINST A
CHILD, OR INCEST AGAINST A CHILD LESS THAN FOURTEEN YEARS OLD, SUCH
PERSON INTENTIONALLY CAUSES THE DEATH OF SUCH CHILD.
AGGRAVATED MURDER OF A CHILD IS A CLASS A-I FELONY.
§ 12. 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].
§ 13. Subdivision 5 of section 125.25 of the penal law is REPEALED.
§ 14. 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
S. 7851 8
an offense which, if committed in this state, would constitute a
violation of [either of such] THE AFOREMENTIONED sections; or
§ 15. 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, SUCH
PERSON KNOWINGLY ACTS IN A MANNER LIKELY TO BE INJURIOUS TO THE PHYS-
ICAL, MENTAL, OR EMOTIONAL 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.
§ 16. Paragraph (a) of subdivision 3 of section 30.30 of the criminal
procedure law, as amended by section 1 of part KKK of chapter 59 of the
laws of 2019, is amended to read as follows:
(a) Subdivisions one and two of this section do not apply to a crimi-
nal 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.
§ 17. 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.
§ 18. 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,
120.02, 120.02-A, 120.10, 125.10, 125.15, 125.20, 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] SUCH PERSON will keep secret all matters
before such grand jury within [his or her] SUCH PERSON'S knowledge.
S. 7851 9
§ 19. Paragraph (b) of subdivision 8 of section 700.05 of the criminal
procedure law, as amended by chapter 23 of the laws of 2024, 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, assault in the first degree
as defined in section 120.10 of the penal law, RECKLESS ASSAULT OF A
CHILD BY A CHILD DAY CARE PROVIDER AS DEFINED IN SECTION 120.01 OF THE
PENAL LAW, AGGRAVATED ABUSE OF A CHILD IN THE SECOND DEGREE AS DEFINED
IN SECTION 120.02-A OF THE PENAL LAW, AGGRAVATED ABUSE OF A CHILD IN THE
FIRST DEGREE AS DEFINED IN SECTION 120.02 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
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, 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, a crime formerly defined in section 130.40 of the
penal law, a crime formerly defined in section 130.45 of the penal law,
a crime formerly 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 trafficking as defined in
section 135.37 of the penal law, custodial interference in the first
degree as defined in section 135.50 of the penal law, coercion in the
first degree as defined in section 135.65 of the penal law, criminal
trespass in the first degree as defined in section 140.17 of the penal
law, burglary in the third degree as defined in section 140.20 of the
penal law, burglary in the second degree as defined in section 140.25 of
the penal law, burglary in the first degree as defined in section 140.30
of the penal law, criminal mischief in the third degree as defined in
section 145.05 of the penal law, criminal mischief in the second degree
as defined in section 145.10 of the penal law, criminal mischief in the
first degree as defined in section 145.12 of the penal law, criminal
tampering in the first degree as defined in section 145.20 of the penal
law, arson in the fourth degree as defined in section 150.05 of the
penal law, arson in the third degree as defined in section 150.10 of the
penal law, arson in the second degree as defined in section 150.15 of
the penal law, arson in the first degree as defined in section 150.20 of
the penal law, grand larceny in the fourth degree as defined in section
155.30 of the penal law, grand larceny in the third degree as defined in
section 155.35 of the penal law, grand larceny in the second degree as
defined in section 155.40 of the penal law, grand larceny in the first
degree as defined in section 155.42 of the penal law, health care fraud
in the fourth degree as defined in section 177.10 of the penal law,
S. 7851 10
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 instru-
ment 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, issuing a false certificate
as defined in section 175.40 of the penal law, criminal diversion of
prescription medications and prescriptions in the second degree as
defined in section 178.20 of the penal law, criminal diversion of
prescription medications and prescriptions in the first degree as
defined in section 178.25 of the penal law, residential mortgage fraud
in the fourth degree as defined in section 187.10 of the penal law,
residential mortgage fraud in the third degree as defined in section
187.15 of the penal law, 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 contraband
in the first degree as defined in section 205.25 of the penal law,
hindering prosecution in the second degree as defined in section 205.60
of the penal law, hindering prosecution in the first degree as defined
in section 205.65 of the penal law, sex trafficking as defined in
section 230.34 of the penal law, sex trafficking of a child as defined
in section 230.34-a of the penal law, AGGRAVATED ENDANGERING THE WELFARE
OF A CHILD AS DEFINED IN SECTION 260.09 OF THE PENAL LAW, criminal
possession of a weapon in the third degree as defined in subdivisions
two, three and five of section 265.02 of the penal law, criminal
possession of a weapon in the second degree as defined in section 265.03
of the penal law, criminal possession of a weapon in the first degree as
defined in section 265.04 of the penal law, manufacture, transport,
disposition and defacement of weapons and dangerous instruments and
appliances defined as felonies in subdivisions one, two, and three of
S. 7851 11
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, criminal manufacture, sale or transport of an unde-
tectable firearm, rifle or shotgun as defined in section 265.50 of the
penal law, or failure to disclose the origin of a recording in the first
degree as defined in section 275.40 of the penal law;
§ 20. Paragraph (a) of subdivision 4 of section 509-cc of the vehicle
and traffic law, as amended by chapter 23 of the laws of 2024, 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, former sections 130.45 and
130.50, sections 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, 230.34-a,
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 TWEN-
TY-FOUR 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.
§ 21. 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.
S. 7851 12
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.
§ 22. Subparagraph 2 of paragraph (b) of subdivision 3 of section
358-a of the social services law, as added by chapter 7 of the laws of
1999, is amended to read as follows:
(2) the parent of such child has been convicted of (i) AGGRAVATED
MANSLAUGHTER OF A CHILD AS DEFINED IN SECTION 125.23 OR AGGRAVATED
MURDER OF A CHILD AS DEFINED IN SECTION 125.28 OR murder in the first
degree as defined in section 125.27 or murder in the second degree as
defined in section 125.25 of the penal law and the victim was another
child of the parent; or (ii) manslaughter in the first degree as defined
in section 125.20 or manslaughter in the second degree as defined in
section 125.15 of the penal law and the victim was another child of the
parent, provided, however, that the parent must have acted voluntarily
in committing such crime;
§ 23. Clause (A) of subparagraph (iii) of paragraph (a) of subdivision
8 of section 384-b of the social services law, as amended by chapter 460
of the laws of 2006, is amended to read as follows:
(A) the parent of such child has been convicted of AGGRAVATED
MANSLAUGHTER OF A CHILD AS DEFINED IN SECTION 125.23, AGGRAVATED MURDER
OF A CHILD AS DEFINED IN SECTION 125.28, murder in the first degree as
defined in section 125.27, murder in the second degree as defined in
section 125.25, manslaughter in the first degree as defined in section
125.20, or manslaughter in the second degree as defined in section
125.15, and the victim of any such crime was another child of the parent
or another child for whose care such parent is or has been legally
responsible as defined in subdivision (g) of section one thousand twelve
of the family court act, or another parent of the child, unless the
convicted parent was a victim of physical, sexual or psychological abuse
by the decedent parent and such abuse was a factor in causing the homi-
cide; or has been convicted of an attempt to commit any of the foregoing
crimes, and the victim or intended victim was the child or another child
of the parent or another child for whose care such parent is or has been
legally responsible as defined in subdivision (g) of section one thou-
sand twelve of the family court act, or another parent of the child,
unless the convicted parent was a victim of physical, sexual or psycho-
logical abuse by the decedent parent and such abuse was a factor in
causing the attempted homicide;
§ 24. Paragraph (a) of subdivision 2 of section 422 of the social
services law, as amended by section 6 of subpart A of part JJ of chapter
56 of the laws of 2021, is amended and a new paragraph (d) is added to
read as follows:
(a) The central register shall be capable of receiving telephone calls
alleging child abuse or maltreatment and of immediately identifying
prior reports of child abuse or maltreatment and capable of monitoring
the provision of child protective service twenty-four hours a day, seven
days a week. To effectuate this purpose, but subject to the provisions
of the appropriate local plan for the provision of child protective
services, there shall be a single statewide telephone number that all
persons, whether mandated by the law or not, may use to make telephone
calls alleging child abuse or maltreatment and that all persons so
authorized by this title may use for determining the existence of prior
reports in order to evaluate the condition or circumstances of a child.
In addition to the single statewide telephone number, there shall be a
special unlisted express telephone number and a telephone facsimile
S. 7851 13
number for use only by persons mandated by law to make telephone calls,
WHICH SHALL BE RECORDED, or to transmit telephone facsimile information
on a form provided by the commissioner of children and family services,
alleging child abuse or maltreatment, and for use by all persons so
authorized by this title for determining the existence of prior reports
in order to evaluate the condition or circumstances of a child. When any
allegations contained in such telephone calls could reasonably consti-
tute a report of child abuse or maltreatment, after utilizing protocols
that would reduce implicit bias from the decision-making process, such
allegations and any previous reports to the central registry involving
the subject of such report or children named in such report, including
any previous report containing allegations of child abuse and maltreat-
ment alleged to have occurred in other counties and districts in New
York state shall be immediately transmitted orally or electronically by
the office of children and family services to the appropriate local
child protective service for investigation. The inability of the person
calling the register to identify the alleged perpetrator shall, in no
circumstance, constitute the sole cause for the register to reject such
allegation or fail to transmit such allegation for investigation. If the
records indicate a previous report concerning a subject of the report,
the child alleged to be abused or maltreated, a sibling, other children
in the household, other persons named in the report or other pertinent
information, the appropriate local child protective service shall be
immediately notified of the fact. If the report involves either (i) an
allegation of an abused child described in paragraph (i), (ii) or (iii)
of subdivision (e) of section one thousand twelve of the family court
act or sexual abuse of a child or the death of a child or (ii) suspected
maltreatment which alleges any physical harm when the report is made by
a person required to report pursuant to section four hundred thirteen of
this title within six months of any other two reports that were indi-
cated, or may still be pending, involving the same child, sibling, or
other children in the household or the subject of the report, the office
of children and family services shall identify the report as such and
note any prior reports when transmitting the report to the local child
protective services for investigation.
(D) FOR ANY TELEPHONE CALL THAT CONSTITUTES A REPORT, THE RECORDING OF
SUCH CALL MADE PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION SHALL BE
MAINTAINED FOR THE LENGTH OF TIME OTHERWISE REQUIRED BY THIS SECTION FOR
MAINTENANCE OF ALL RECORDS THAT RELATE TO SUCH REPORT. FOR ANY TELEPHONE
CALL THAT DOES NOT CONSTITUTE A REPORT, SUCH RECORDING SHALL BE MAIN-
TAINED FOR TWO YEARS. SUCH RECORDINGS SHALL BE CONFIDENTIAL AND SHALL
ONLY BE AVAILABLE TO THE STATEWIDE CENTRAL REGISTER OF CHILD ABUSE AND
MALTREATMENT FOR THE PURPOSES OF QUALITY ASSURANCE AND ENHANCED CHILD
SAFETY. PROVIDED, HOWEVER, THAT A WRITTEN TRANSCRIPT OF SUCH RECORDING
MAY ONLY BE OBTAINED VIA JUDICIAL SUBPOENA BASED UPON THE JUDICIAL
DETERMINATION THAT SUCH TRANSCRIPT IS NECESSARY EVIDENCE IN A CRIMINAL
OR FAMILY COURT PROCEEDING PROVIDED FURTHER, THAT ANY INFORMATION RELAT-
ING TO THE IDENTITY OF THE CALLER OR WHICH REASONABLY COULD LEAD TO THE
IDENTIFICATION OF THE CALLER SHALL BE EXCLUDED FROM SUCH TRANSCRIPT.
§ 25. Subdivision 2 of section 422 of the social services law is
amended by adding a new paragraph (e) to read as follows:
(E) WHENEVER A TELEPHONE CALL TO THE STATEWIDE CENTRAL REGISTER
DESCRIBED IN THIS SECTION IS RECEIVED BY THE OFFICE OF CHILDREN AND
FAMILY SERVICES AND NOT REGISTERED AS A REPORT, THE OFFICE OF CHILDREN
AND FAMILY SERVICES SHALL CONVEY TO THE CALLER THAT SUCH PERSON HAS THE
S. 7851 14
ABILITY TO DISCUSS WITH A SUPERVISOR THE REASONS FOR THE DECISION NOT TO
REGISTER THE REPORT.
§ 26. Paragraph (a) of subdivision 6 of section 424 of the social
services law, as amended by chapter 281 of the laws of 2017, is amended
to read as follows:
(a) upon receipt of such report, commence or cause the appropriate
society for the prevention of cruelty to children to commence, within
twenty-four hours, an appropriate investigation which shall include an
evaluation of the environment of the child named in the report and any
other children in the same home and a determination of the risk to such
children if they continue to remain in the existing home environment, as
well as a determination of the nature, extent and cause of any condition
enumerated in such report and the name, age and condition of other chil-
dren in the home, and, after seeing to the safety of the child or chil-
dren, INCLUDING INCREASED SCRUTINY GIVEN TO THE EVALUATION OF ANY REPORT
RECEIVED WITHIN SIX MONTHS OF ANY OTHER TWO REPORTS THAT WERE INDICATED
OR ARE PENDING INVOLVING THE SAME CHILD, SIBLING, OR OTHER CHILDREN IN
THE HOUSEHOLD, forthwith notify the subjects of the report and other
persons named in the report in writing of the existence of the report
and their respective rights pursuant to this title in regard to amend-
ment;
§ 27. Section 424 of the social services law is amended by adding a
new subdivision 6-c to read as follows:
6-C. UPON RECEIPT OF A REPORT WHICH IS RECEIVED WITHIN SIX MONTHS OF
ANY OTHER TWO REPORTS THAT WERE INDICATED OR ARE PENDING INVOLVING THE
SAME CHILD, SIBLING, OR OTHER CHILD IN THE HOUSEHOLD, A CHILD PROTECTIVE
INVESTIGATOR SHALL CONTACT LAW ENFORCEMENT TO ACCOMPANY SUCH INVESTI-
GATOR TO THE CHILD, CHILDREN AND/OR HOME, AND LAW ENFORCEMENT SHALL
REMAIN WHERE THE CHILD OR CHILDREN ARE OR ARE BELIEVED TO BE PRESENT
DURING THE COURSE OF THE INVESTIGATION.
§ 28. Section 420 of the social services law is amended by adding a
new subdivision 3 to read as follows:
3. A PERSON WHO IS CONVICTED OF A SECOND OR SUBSEQUENT OFFENSE UNDER
THIS SECTION WITHIN TWO YEARS OF THE PRIOR CONVICTION SHALL BE GUILTY OF
A CLASS E FELONY.
§ 29. Subdivision (f) of section 1012 of the family court act, as
added by chapter 962 of the laws of 1970, subparagraph (A) of paragraph
(i) as amended by chapter 362 of the laws of 2018, subparagraph (B) of
paragraph (i) as amended by chapter 984 of the laws of 1981 and para-
graph (ii) as amended by chapter 666 of the laws of 1976, is amended to
read as follows:
(f) "Neglected child" means a child less than eighteen years of age
(i) whose physical, mental or emotional condition has been impaired or
is in [imminent] danger of becoming impaired as a result of the failure
of [his] SUCH CHILD'S parent or other person legally responsible for
[his] SUCH CHILD'S care to exercise a minimum degree of care
(A) in supplying the child with adequate food, clothing, shelter [or],
A SANITARY LIVING ENVIRONMENT, WARMTH, SUSTENANCE, education in accord-
ance with the provisions of part one of article sixty-five of the educa-
tion law, AND ANY OTHER BASIC NECESSITY OF LIFE, or medical, dental,
[optometrical] OPTOMETRIC or surgical care, INCLUDING, BUT NOT LIMITED
TO, PREVENTIVE CARE SUCH AS IMMUNIZATIONS, REMEDIAL CARE, AND PSYCHOLOG-
ICAL AND/OR PSYCHIATRIC CARE, though financially able to do so or
offered financial or other reasonable means to do so, or, in the case of
an alleged failure of the respondent to provide education to the child,
notwithstanding the efforts of the school district or local educational
S. 7851 15
agency and child protective agency to ameliorate such alleged failure
prior to the filing of the petition; [or]
(B) in providing the child with proper supervision [or] , guardian-
ship, MORAL SUPERVISION, EMOTIONAL SUPPORT, AND INSTRUCTION, by unrea-
sonably inflicting or allowing to be inflicted harm, or a substantial
risk thereof, including the infliction of excessive corporal punishment;
or by misusing a drug or drugs; or by misusing alcoholic beverages to
the extent that [he] SUCH PERSON loses self-control of [his] THEIR OWN
actions; OR BY ALLOWING SUCH CHILD MULTIPLE UNEXCUSED ABSENCES FROM
SCHOOL; OR BY SUFFERING FROM AGGRESSIVENESS, POOR IMPULSE CONTROL, OR
PARANOIA; or by any other acts of a similarly serious nature requiring
the aid of the court; provided, however, that where the respondent is
voluntarily and regularly participating in a rehabilitative program,
evidence that the respondent has repeatedly misused a drug or drugs or
alcoholic beverages to the extent that [he] SUCH PERSON loses self-con-
trol of [his] THEIR OWN actions shall not establish that the child is a
neglected child in the absence of evidence establishing that the child's
physical, mental or emotional condition has been impaired or is in
[imminent] danger of becoming impaired as set forth in paragraph (i) of
this subdivision; or
(C) TO KEEP SUCH CHILD FREE FROM DISEASE AND NOT IN A STATE OF
SUBSTANTIALLY DIMINISHED PHYSICAL GROWTH; OR
(ii) who has been abandoned, in accordance with the definition and
other criteria set forth in subdivision five of section three hundred
eighty-four-b of the social services law, by [his] SUCH CHILD'S parents
or other person legally responsible for [his] SUCH CHILD'S care.
§ 30. This act shall take effect immediately; provided that:
(a) sections twenty-four and twenty-five of this act shall take effect
on the one hundred eightieth day after it shall have become a law; and
(b) effective immediately, the addition, amendment and/or repeal of
any rule or regulation necessary for the implementation of this act on
its effective date are authorized and directed to be made and completed
on or before such effective date.
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