A. 5164 2
2. WHEN A CRIMINAL ACTION IS PENDING INVOLVING A COMPLAINT CHARGING
STRANGULATION, AN ORDER OF PROTECTION SHALL BE ISSUED PURSUANT TO
SECTION 530.12 OR 530.13 OF THE CRIMINAL PROCEDURE LAW.
3. THE DEFENDANT SHALL BE SENTENCED TO A MINIMUM OF TEN YEARS, IF IT
IS ESTABLISHED THAT THE PERSON INTENDING TO CAUSE PHYSICAL INJURY BY
STRANGULATION CAUSED SUCH STRANGULATION:
(I) WHILE IN THE PRESENCE OF A MINOR CHILD; OR
(II) WHILE THE DEFENDANT WAS IN THE COURSE OF AND IN FURTHERANCE OF
THE COMMISSION OR ATTEMPTED COMMISSION OF A FELONY; OR
(III) THE DEFENDANT HAS BEEN PREVIOUSLY CONVICTED OF THE CRIME OF
STRANGULATION.
STRANGULATION IS A CLASS B FELONY.
S 3. Subdivision 42 of section 1.20 of the criminal procedure law, as
amended by chapter 7 of the laws of 2007, is amended to read as follows:
42. "Juvenile offender" means (1) a person, thirteen years old who is
criminally responsible for acts constituting murder in the second degree
as defined in subdivisions one and two of section 125.25 of the penal
law, or such conduct as a sexually motivated felony, where authorized
pursuant to section 130.91 of the penal law; and (2) a person fourteen
or fifteen years old who is criminally responsible for acts constituting
the crimes defined in subdivisions one and two of section 125.25 (murder
in the second degree) and in subdivision three of such section provided
that the underlying crime for the murder charge is one for which such
person is criminally responsible; section 135.25 (kidnapping in the
first degree); 150.20 (arson in the first degree); SECTION 120.09
(STRANGULATION); subdivisions one and two of section 120.10 (assault in
the first degree); 125.20 (manslaughter in the first degree); subdivi-
sions one and two of section 130.35 (rape in the first degree); subdivi-
sions one and two of section 130.50 (criminal sexual act in the first
degree); 130.70 (aggravated sexual abuse in the first degree); 140.30
(burglary in the first degree); subdivision one of section 140.25
(burglary in the second degree); 150.15 (arson in the second degree);
160.15 (robbery in the first degree); subdivision two of section 160.10
(robbery in the second degree) of the penal law; or section 265.03 of
the penal law, where such machine gun or such firearm is possessed on
school grounds, as that phrase is defined in subdivision fourteen of
section 220.00 of the penal law; or defined in the penal law as an
attempt to commit murder in the second degree or kidnapping in the first
degree, or such conduct as a sexually motivated felony, where authorized
pursuant to section 130.91 of the penal law.
S 4. Paragraph (h) of subdivision 3 of section 190.25 of the criminal
procedure law, as separately amended by chapters 93 and 320 of the laws
of 2006, is amended to read as follows:
(h) A social worker, rape crisis counselor, psychologist or other
professional providing emotional support to a child witness twelve years
old or younger who is called to give evidence in a grand jury proceeding
concerning a crime defined in article one hundred thirty, article two
hundred sixty, section 120.09, 120.10, 125.10, 125.15, 125.20, 125.25,
125.26, 125.27, 255.25, 255.26 or 255.27 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.
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S 5. Subdivision (a) of section 190.71 of the criminal procedure law,
as amended by chapter 7 of the laws of 2007, is amended to read as
follows:
(a) Except as provided in subdivision six of section 200.20 of this
chapter, a grand jury may not indict (i) a person thirteen years of age
for any conduct or crime other than conduct constituting a crime defined
in subdivisions one and two of section 125.25 (murder in the second
degree) or such conduct as a sexually motivated felony, where authorized
pursuant to section 130.91 of the penal law; (ii) a person fourteen or
fifteen years of age for any conduct or crime other than conduct consti-
tuting a crime defined in subdivisions one and two of section 125.25
(murder in the second degree) and in subdivision three of such section
provided that the underlying crime for the murder charge is one for
which such person is criminally responsible; 135.25 (kidnapping in the
first degree); 150.20 (arson in the first degree); SECTION 120.09
(STRANGULATION); subdivisions one and two of section 120.10 (assault in
the first degree); 125.20 (manslaughter in the first degree); subdivi-
sions one and two of section 130.35 (rape in the first degree); subdivi-
sions one and two of section 130.50 (criminal sexual act in the first
degree); 130.70 (aggravated sexual abuse in the first degree); 140.30
(burglary in the first degree); subdivision one of section 140.25
(burglary in the second degree); 150.15 (arson in the second degree);
160.15 (robbery in the first degree); subdivision two of section 160.10
(robbery in the second degree) of the penal law; subdivision four of
section 265.02 of the penal law, where such firearm is possessed on
school grounds, as that phrase is defined in subdivision fourteen of
section 220.00 of the penal law; or section 265.03 of the penal law,
where such machine gun or such firearm is possessed on school grounds,
as that phrase is defined in subdivision fourteen of section 220.00 of
the penal law; or defined in the penal law as an attempt to commit
murder in the second degree or kidnapping in the first degree, or such
conduct as a sexually motivated felony, where authorized pursuant to
section 130.91 of the penal law.
S 6. Paragraph (b) of subdivision 8 of section 700.05 of the criminal
procedure law, as amended by chapter 472 of the laws of 2008, is amended
to read as follows:
(b) Any of the following felonies: assault in the second degree as
defined in section 120.05 of the penal law, STRANGULATION AS DEFINED IN
SECTION 120.09 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, criminal-
ly 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, 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, 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, criminal sexual act in the first degree as defined in section
A. 5164 4
130.50 of the penal law, sexual abuse in the first degree as defined in
section 130.65 of the penal law, unlawful imprisonment in the first
degree as defined in section 135.10 of the penal law, kidnapping in the
second degree as defined in section 135.20 of the penal law, kidnapping
in the first degree as defined in section 135.25 of the penal law, labor
trafficking as defined in section 135.35 of the penal law, custodial
interference in the first degree as defined in section 135.50 of the
penal law, coercion in the first degree as defined in section 135.65 of
the penal law, criminal trespass in the first degree as defined in
section 140.17 of the penal law, burglary in the third degree as defined
in section 140.20 of the penal law, burglary in the second degree as
defined in section 140.25 of the penal law, burglary in the first degree
as defined in section 140.30 of the penal law, criminal mischief in the
third degree as defined in section 145.05 of the penal law, criminal
mischief in the second degree as defined in section 145.10 of the penal
law, criminal mischief in the first degree as defined in section 145.12
of the penal law, criminal tampering in the first degree as defined in
section 145.20 of the penal law, arson in the fourth degree as defined
in section 150.05 of the penal law, arson in the third degree as defined
in section 150.10 of the penal law, arson in the second degree as
defined in section 150.15 of the penal law, arson in the first degree as
defined in section 150.20 of the penal law, grand larceny in the fourth
degree as defined in section 155.30 of the penal law, grand larceny in
the third degree as defined in section 155.35 of the penal law, grand
larceny in the second degree as defined in section 155.40 of the penal
law, grand larceny in the first degree as defined in section 155.42 of
the penal law, health care fraud in the fourth degree as defined in
section 177.10 of the penal law, health care fraud in the third degree
as defined in section 177.15 of the penal law, health care fraud in the
second degree as defined in section 177.20 of the penal law, health care
fraud in the first degree as defined in section 177.25 of the penal law,
robbery in the third degree as defined in section 160.05 of the penal
law, robbery in the second degree as defined in section 160.10 of the
penal law, robbery in the first degree as defined in section 160.15 of
the penal law, unlawful use of secret scientific material as defined in
section 165.07 of the penal law, criminal possession of stolen property
in the fourth degree as defined in section 165.45 of the penal law,
criminal possession of stolen property in the third degree as defined in
section 165.50 of the penal law, criminal possession of stolen property
in the second degree as defined by section 165.52 of the penal law,
criminal possession of stolen property in the first degree as defined by
section 165.54 of the penal law, trademark counterfeiting in the second
degree as defined in section 165.72 of the penal law, trademark counter-
feiting in the first degree as defined in section 165.73 of the penal
law, forgery in the second degree as defined in section 170.10 of the
penal law, forgery in the first degree as defined in section 170.15 of
the penal law, criminal possession of a forged instrument in the second
degree as defined in section 170.25 of the penal law, criminal
possession of a forged instrument in the first degree as defined in
section 170.30 of the penal law, criminal possession of forgery devices
as defined in section 170.40 of the penal law, falsifying business
records in the first degree as defined in section 175.10 of the penal
law, tampering with public records in the first degree as defined in
section 175.25 of the penal law, offering a false instrument for filing
in the first degree as defined in section 175.35 of the penal law, issu-
ing a false certificate as defined in section 175.40 of the penal law,
A. 5164 5
criminal diversion of prescription medications and prescriptions in the
second degree as defined in section 178.20 of the penal law, criminal
diversion of prescription medications and prescriptions in the first
degree as defined in section 178.25 of the penal law, residential mort-
gage fraud in the fourth degree as defined in section 187.10 of the
penal law, residential mortgage fraud in the third degree as defined in
section 187.15 of the penal law, residential mortgage fraud in the
second degree as defined in section 187.20 of the penal law, residential
mortgage fraud in the first degree as defined in section 187.25 of the
penal law, escape in the second degree as defined in section 205.10 of
the penal law, escape in the first degree as defined in section 205.15
of the penal law, absconding from temporary release in the first degree
as defined in section 205.17 of the penal law, promoting prison contra-
band in the first degree as defined in section 205.25 of the penal law,
hindering prosecution in the second degree as defined in section 205.60
of the penal law, hindering prosecution in the first degree as defined
in section 205.65 of the penal law, sex trafficking as defined in
section 230.34 of the penal law, criminal possession of a weapon in the
third degree as defined in subdivisions two, three and five of section
265.02 of the penal law, criminal possession of a weapon in the second
degree as defined in section 265.03 of the penal law, criminal
possession of a weapon in the first degree as defined in section 265.04
of the penal law, manufacture, transport, disposition and defacement of
weapons and dangerous instruments and appliances defined as felonies in
subdivisions one, two, and three of section 265.10 of the penal law,
sections 265.11, 265.12 and 265.13 of the penal law, or prohibited use
of weapons as defined in subdivision two of section 265.35 of the penal
law, relating to firearms and other dangerous weapons, or failure to
disclose the origin of a recording in the first degree as defined in
section 275.40 of the penal law;
S 7. Paragraph (c) of subdivision 3-a of section 115-d of the domestic
relations law, as added by chapter 7 of the laws of 1999, is amended to
read as follows:
(c) For the purposes of this subdivision, "spousal abuse" is an
offense defined in section 120.05, 120.09 or 120.10 of the penal law
where the victim of such offense was the defendant's spouse; provided,
however, spousal abuse shall not include a crime in which the applicant
was the defendant, and the court finds in accordance with this subdivi-
sion that he or she was the victim of physical, sexual or psychological
abuse by the victim of such offense and such abuse was a factor in caus-
ing the applicant to commit such offense.
S 8. Paragraph (a) of subdivision 7 of section 995 of the executive
law, as separately amended by chapters 2 and 320 of the laws of 2006, is
amended to read as follows:
(a) sections 120.05, 120.10, and 120.11, relating to assault; SECTION
120.09, RELATING TO STRANGULATION; sections 125.15 through 125.27 relat-
ing to homicide; sections 130.25, 130.30, 130.35, 130.40, 130.45,
130.50, 130.65, 130.67 and 130.70, relating to sex offenses; sections
205.10, 205.15, 205.17 and 205.19, relating to escape and other
offenses, where the offender has been convicted within the previous five
years of one of the other felonies specified in this subdivision; or
sections 255.25, 255.26 and 255.27, relating to incest, a violent felony
offense as defined in subdivision one of section 70.02 of the penal law,
attempted murder in the first degree, as defined in section 110.00 and
section 125.27 of the penal law, kidnapping in the first degree, as
defined in section 135.25 of the penal law, arson in the first degree,
A. 5164 6
as defined in section 150.20 of the penal law, burglary in the third
degree, as defined in section 140.20 of the penal law, attempted
burglary in the third degree, as defined in section 110.00 and section
140.20 of the penal law, a felony defined in article four hundred ninety
of the penal law relating to terrorism or any attempt to commit an
offense defined in such article relating to terrorism which is a felony;
or
S 9. Subdivision (b) of section 117 of the family court act, as
amended by chapter 7 of the laws of 2007, is amended to read as follows:
(b) For every juvenile delinquency proceeding under article three
involving an allegation of an act committed by a person which, if done
by an adult, would be a crime (i) defined in sections 125.27 (murder in
the first degree); 125.25 (murder in the second degree); 135.25 (kidnap-
ping in the first degree); or 150.20 (arson in the first degree) of the
penal law committed by a person thirteen, fourteen or fifteen years of
age; or such conduct committed as a sexually motivated felony, where
authorized pursuant to section 130.91 of the penal law; (ii) defined in
sections 120.09 (STRANGULATION); 120.10 (assault in the first degree);
125.20 (manslaughter in the first degree); 130.35 (rape in the first
degree); 130.50 ( criminal sexual act in the first degree); 135.20
(kidnapping in the second degree), but only where the abduction involved
the use or threat of use of deadly physical force; 150.15 (arson in the
second degree); or 160.15 (robbery in the first degree) of the penal law
committed by a person thirteen, fourteen or fifteen years of age; or
such conduct committed as a sexually motivated felony, where authorized
pursuant to section 130.91 of the penal law; (iii) defined in the penal
law as an attempt to commit murder in the first or second degree or
kidnapping in the first degree committed by a person thirteen, fourteen
or fifteen years of age; or such conduct committed as a sexually moti-
vated felony, where authorized pursuant to section 130.91 of the penal
law; (iv) defined in section 140.30 (burglary in the first degree);
subdivision one of section 140.25 (burglary in the second degree);
subdivision two of section 160.10 (robbery in the second degree) of the
penal law; or section 265.03 of the penal law, where such machine gun or
such firearm is possessed on school grounds, as that phrase is defined
in subdivision fourteen of section 220.00 of the penal law committed by
a person fourteen or fifteen years of age; or such conduct committed as
a sexually motivated felony, where authorized pursuant to section 130.91
of the penal law; (v) defined in section 120.05 (assault in the second
degree) or 160.10 (robbery in the second degree) of the penal law
committed by a person fourteen or fifteen years of age but only where
there has been a prior finding by a court that such person has previous-
ly committed an act which, if committed by an adult, would be the crime
of assault in the second degree, robbery in the second degree or any
designated felony act specified in clause (i), (ii) or (iii) of this
subdivision regardless of the age of such person at the time of the
commission of the prior act; or (vi) other than a misdemeanor, committed
by a person at least seven but less than sixteen years of age, but only
where there has been two prior findings by the court that such person
has committed a prior act which, if committed by an adult would be a
felony:
(i) There is hereby established in the family court in the city of New
York at least one "designated felony act part." Such part or parts shall
be held separate from all other proceedings of the court, and shall have
jurisdiction over all proceedings involving such an allegation. All such
A. 5164 7
proceedings shall be originated in or be transferred to this part from
other parts as they are made known to the court.
(ii) Outside the city of New York, all proceedings involving such an
allegation shall have a hearing preference over every other proceeding
in the court, except proceedings under article ten.
S 10. Subdivision 8 of section 301.2 of the family court act, as
amended by chapter 7 of the laws of 2007, is amended to read as follows:
8. "Designated felony act" means an act which, if done by an adult,
would be a crime: (i) defined in sections 125.27 (murder in the first
degree); 125.25 (murder in the second degree); 135.25 (kidnapping in the
first degree); or 150.20 (arson in the first degree) of the penal law
committed by a person thirteen, fourteen or fifteen years of age; or
such conduct committed as a sexually motivated felony, where authorized
pursuant to section 130.91 of the penal law; (ii) defined in sections
120.09 (STRANGULATION); 120.10 (assault in the first degree); 125.20
(manslaughter in the first degree); 130.35 (rape in the first degree);
130.50 (criminal sexual act in the first degree); 130.70 (aggravated
sexual abuse in the first degree); 135.20 (kidnapping in the second
degree) but only where the abduction involved the use or threat of use
of deadly physical force; 150.15 (arson in the second degree) or 160.15
(robbery in the first degree) of the penal law committed by a person
thirteen, fourteen or fifteen years of age; or such conduct committed as
a sexually motivated felony, where authorized pursuant to section 130.91
of the penal law; (iii) defined in the penal law as an attempt to commit
murder in the first or second degree or kidnapping in the first degree
committed by a person thirteen, fourteen or fifteen years of age; or
such conduct committed as a sexually motivated felony, where authorized
pursuant to section 130.91 of the penal law; (iv) defined in section
140.30 (burglary in the first degree); subdivision one of section 140.25
(burglary in the second degree); subdivision two of section 160.10
(robbery in the second degree) of the penal law; or section 265.03 of
the penal law, where such machine gun or such firearm is possessed on
school grounds, as that phrase is defined in subdivision fourteen of
section 220.00 of the penal law committed by a person fourteen or
fifteen years of age; or such conduct committed as a sexually motivated
felony, where authorized pursuant to section 130.91 of the penal law;
(v) defined in section 120.05 (assault in the second degree) or 160.10
(robbery in the second degree) of the penal law committed by a person
fourteen or fifteen years of age but only where there has been a prior
finding by a court that such person has previously committed an act
which, if committed by an adult, would be the crime of assault in the
second degree, robbery in the second degree or any designated felony act
specified in paragraph (i), (ii), or (iii) of this subdivision regard-
less of the age of such person at the time of the commission of the
prior act; or (vi) other than a misdemeanor committed by a person at
least seven but less than sixteen years of age, but only where there has
been two prior findings by the court that such person has committed a
prior felony.
S 11. Subparagraph 4 of paragraph (c) of subdivision 2 of section
352.2 of the family court act, as added by chapter 7 of the laws of
1999, is amended to read as follows:
(4) the parent of such respondent has been convicted of assault in the
second degree as defined in section 120.05, STRANGULATION AS DEFINED IN
SECTION 120.09, assault in the first degree as defined in section 120.10
or aggravated assault upon a person less than eleven years old as
defined in section 120.12 of the penal law, and the commission of one of
A. 5164 8
the foregoing crimes resulted in serious physical injury to the
respondent or another child of the parent;
S 12. Subparagraph (iv) of paragraph (b) of subdivision 2 of section
754 of the family court act, as added by chapter 7 of the laws of 1999,
is amended to read as follows:
(iv) the parent of such child has been convicted of assault in the
second degree as defined in section 120.05, STRANGULATION AS DEFINED IN
SECTION 120.09, assault in the first degree as defined in section 120.10
or aggravated assault upon a person less than eleven years old as
defined in section 120.12 of the penal law, and the commission of one of
the foregoing crimes resulted in serious physical injury to the child or
another child of the parent;
S 13. Paragraph 4 of subdivision (b) of section 1039-b of the family
court act, as added by chapter 7 of the laws of 1999, is amended to read
as follows:
(4) the parent of such child has been convicted of assault in the
second degree as defined in section 120.05, STRANGULATION AS DEFINED IN
SECTION 120.09, assault in the first degree as defined in section 120.10
or aggravated assault upon a person less than eleven years old as
defined in section 120.12 of the penal law, and the commission of one of
the foregoing crimes resulted in serious physical injury to the child or
another child of the parent;
S 14. Clause 4 of subparagraph (A) of paragraph (i) of subdivision (b)
of section 1052 of the family court act, as amended by chapter 7 of the
laws of 1999, is amended to read as follows:
(4) the parent of such child has been convicted of assault in the
second degree as defined in section 120.05, STRANGULATION AS DEFINED IN
SECTION 120.09, assault in the first degree as defined in section 120.10
or aggravated assault upon a person less than eleven years old as
defined in section 120.12 of the penal law, and the commission of one of
the foregoing crimes resulted in serious physical injury to the child or
another child of the parent;
S 15. Paragraph f of subdivision 1 of section 410 of the general busi-
ness law, as added by chapter 509 of the laws of 1992, is amended to
read as follows:
f. Conviction of any of the following crimes subsequent to the issu-
ance of a license pursuant to this article: fraud pursuant to sections
170.10, 170.15, 176.15, 176.20, 176.25, 176.30 and 190.65; falsifying
business records pursuant to section 175.10; grand larceny pursuant to
article [155] ONE HUNDRED FIFTY-FIVE; bribery pursuant to sections
180.03, 180.08, 180.15, 180.25, 200.00, 200.03, 200.04, 200.10, 200.11,
200.12, 200.45, 200.50; perjury pursuant to sections 210.10, 210.15,
210.40; assault pursuant to sections 120.05, 120.10, 120.11, 120.12;
STRANGULATION AS DEFINED IN SECTION 120.09; robbery pursuant to article
[160] ONE HUNDRED SIXTY; homicide pursuant to sections 125.25 and
125.27; manslaughter pursuant to sections 125.15 and 125.20; kidnapping
and unlawful imprisonment pursuant to sections 135.10, 135.20 and
135.25; unlawful weapons possession pursuant to sections 265.02, 265.03
and 265.04; criminal use of a weapon pursuant to sections 265.08 and
265.09; criminal sale of a weapon pursuant to sections 265.11 and
265.12; and sex offenses pursuant to article [130] ONE HUNDRED THIRTY of
the penal law. Provided, however, that for the purposes of this article,
none of the following shall be considered criminal convictions or
reported as such: (i) a conviction for which an executive pardon has
been issued pursuant to the executive law; (ii) a conviction which has
been vacated and replaced by a youthful offender finding pursuant to
A. 5164 9
article seven hundred twenty of the criminal procedure law, or the
applicable provisions of law of any other jurisdiction; or (iii) a
conviction the records of which have been expunged or sealed pursuant to
the applicable provisions of the laws of this state or of any other
jurisdiction; and (iv) a conviction for which other evidence of success-
ful rehabilitation to remove the disability has been issued.
S 16. Clause (v) of subparagraph 2 of paragraph b of subdivision 3 of
section 220-b of the labor law, as amended by chapter 7 of the laws of
2008, is amended to read as follows:
(v) assault in the second degree as defined in section 120.05 of the
penal law, STRANGULATION AS DEFINED IN SECTION 120.09 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, 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 and murder in the
second degree as defined in section 125.25 of the penal law, provided
that the victim was an employee of such person or corporation and
further provided that such offense arose from actions or matters related
to the protection of the health or safety of employees at a work site;
such person shall be ineligible to submit a bid on or be awarded any
public works contract with the state, any municipal corporation, public
benefit corporation or public body for a period of five years from the
date of conviction.
S 17. Subdivision (f) of section 10.03 of the mental hygiene law, as
added by chapter 7 of the laws of 2007, is amended to read as follows:
(f) "Designated felony" means any felony offense defined by any of the
following provisions of the penal law: assault in the second degree as
defined in section 120.05, STRANGULATION AS DEFINED IN SECTION 120.09,
assault in the first degree as defined in section 120.10, gang assault
in the second degree as defined in section 120.06, gang assault in the
first degree as defined in section 120.07, stalking in the first degree
as defined in section 120.60, manslaughter in the second degree as
defined in subdivision one of section 125.15, manslaughter in the first
degree as defined in section 125.20, murder in the second degree as
defined in section 125.25, aggravated murder as defined in section
125.26, murder in the first degree as defined in section 125.27, kidnap-
ping in the second degree as defined in section 135.20, kidnapping in
the first degree as defined in section 135.25, burglary in the third
degree as defined in section 140.20, burglary in the second degree as
defined in section 140.25, burglary in the first degree as defined in
section 140.30, arson in the second degree as defined in section 150.15,
arson in the first degree as defined in section 150.20, robbery in the
third degree as defined in section 160.05, robbery in the second degree
as defined in section 160.10, robbery in the first degree as defined in
section 160.15, promoting prostitution in the second degree as defined
in section 230.30, promoting prostitution in the first degree as defined
in section 230.32, compelling prostitution as defined in section 230.33,
disseminating indecent material to minors in the first degree as defined
in section 235.22, use of a child in a sexual performance as defined in
section 263.05, promoting an obscene sexual performance by a child as
defined in section 263.10, promoting a sexual performance by a child as
defined in section 263.15, or any felony attempt or conspiracy to commit
any of the foregoing offenses.
A. 5164 10
S 18. Paragraph 2 of subdivision 18 of section 10.00 of the penal law,
as amended by chapter 7 of the laws of 2007, is amended to read as
follows:
(2) a person fourteen or fifteen years old who is criminally responsi-
ble for acts constituting the crimes defined in subdivisions one and two
of section 125.25 (murder in the second degree) and in subdivision three
of such section provided that the underlying crime for the murder charge
is one for which such person is criminally responsible; section 135.25
(kidnapping in the first degree); 150.20 (arson in the first degree);
SECTION 120.09 (STRANGULATION); subdivisions one and two of section
120.10 (assault in the first degree); 125.20 (manslaughter in the first
degree); subdivisions one and two of section 130.35 (rape in the first
degree); subdivisions one and two of section 130.50 (criminal sexual act
in the first degree); 130.70 (aggravated sexual abuse in the first
degree); 140.30 (burglary in the first degree); subdivision one of
section 140.25 (burglary in the second degree); 150.15 (arson in the
second degree); 160.15 (robbery in the first degree); subdivision two of
section 160.10 (robbery in the second degree) of this chapter; or
section 265.03 of this chapter, where such machine gun or such firearm
is possessed on school grounds, as that phrase is defined in subdivision
fourteen of section 220.00 of this chapter; or defined in this chapter
as an attempt to commit murder in the second degree or kidnapping in the
first degree, or such conduct as a sexually motivated felony, where
authorized pursuant to section 130.91 of the penal law.
S 19. Subdivision 2 of section 30.00 of the penal law, as amended by
chapter 7 of the laws of 2007, is amended to read as follows:
2. A person thirteen, fourteen or fifteen years of age is criminally
responsible for acts constituting murder in the second degree as defined
in subdivisions one and two of section 125.25 and in subdivision three
of such section provided that the underlying crime for the murder charge
is one for which such person is criminally responsible or for such
conduct as a sexually motivated felony, where authorized pursuant to
section 130.91 of the penal law; and a person fourteen or fifteen years
of age is criminally responsible for acts constituting the crimes
defined in section 135.25 (kidnapping in the first degree); 150.20
(arson in the first degree); 120.09 (STRANGULATION); subdivisions one
and two of section 120.10 (assault in the first degree); 125.20
(manslaughter in the first degree); subdivisions one and two of section
130.35 (rape in the first degree); subdivisions one and two of section
130.50 (criminal sexual act in the first degree); 130.70 (aggravated
sexual abuse in the first degree); 140.30 (burglary in the first
degree); subdivision one of section 140.25 (burglary in the second
degree); 150.15 (arson in the second degree); 160.15 (robbery in the
first degree); subdivision two of section 160.10 (robbery in the second
degree) of this chapter; or section 265.03 of this chapter, where such
machine gun or such firearm is possessed on school grounds, as that
phrase is defined in subdivision fourteen of section 220.00 of this
chapter; or defined in this chapter as an attempt to commit murder in
the second degree or kidnapping in the first degree, or for such conduct
as a sexually motivated felony, where authorized pursuant to section
130.91 of the penal law.
S 20. Paragraph (a) of subdivision 2 of section 60.07 of the penal
law, as added by chapter 148 of the laws of 2000, is amended to read as
follows:
(a) the term "specified offense" shall mean an attempt to commit
murder in the second degree as defined in section 125.25 of this chap-
A. 5164 11
ter, gang assault in the first degree as defined in section 120.07 of
this chapter, gang assault in the second degree as defined in section
120.06 of this chapter, STRANGULATION AS DEFINED IN SECTION 120.09 OF
THIS CHAPTER, assault in the first degree as defined in section 120.10
of this chapter, manslaughter in the first degree as defined in section
125.20 of this chapter, manslaughter in the second degree as defined in
section 125.15 of this chapter, robbery in the first degree as defined
in section 160.15 of this chapter, robbery in the second degree as
defined in section 160.10 of this chapter, or the attempted commission
of any of the following offenses: gang assault in the first degree as
defined in section 120.07, assault in the first degree as defined in
section 120.10, manslaughter in the first degree as defined in section
125.20 or robbery in the first degree as defined in section 160.15;
S 21. Paragraph (a) of subdivision 1 of section 70.02 of the penal
law, as amended by chapter 320 of the laws of 2006, is 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, 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; STRAN-
GULATION AS DEFINED IN SECTION 120.09, assault in the first degree as
defined in section 120.10, kidnapping in the second degree as defined in
section 135.20, burglary in the first degree as defined in section
140.30, arson in the second degree as defined in section 150.15, robbery
in the first degree as defined in section 160.15, incest in the first
degree as defined in section 255.27, criminal possession of a weapon in
the first degree as defined in section 265.04, criminal use of a firearm
in the first degree as defined in section 265.09, criminal sale of a
firearm in the first degree as defined in section 265.13, aggravated
assault upon a police officer or a peace officer as defined in section
120.11, gang assault in the first degree as defined in section 120.07,
intimidating a victim or witness in the first degree as defined in
section 215.17, hindering prosecution of terrorism in the first degree
as defined in section 490.35, criminal possession of a chemical weapon
or biological weapon in the second degree as defined in section 490.40,
and criminal use of a chemical weapon or biological weapon in the third
degree as defined in section 490.47.
S 22. Subdivision 2 of section 130.91 of the penal law, as added by
chapter 7 of the laws of 2007, is amended to read as follows:
2. A "specified offense" is a felony offense defined by any of the
following provisions of this chapter: assault in the second degree as
defined in section 120.05, STRANGULATION AS DEFINED IN SECTION 120.09,
assault in the first degree as defined in section 120.10, gang assault
in the second degree as defined in section 120.06, gang assault in the
first degree as defined in section 120.07, stalking in the first degree
as defined in section 120.60, manslaughter in the second degree as
defined in subdivision one of section 125.15, manslaughter in the first
degree as defined in section 125.20, murder in the second degree as
defined in section 125.25, aggravated murder as defined in section
125.26, murder in the first degree as defined in section 125.27, kidnap-
A. 5164 12
ping in the second degree as defined in section 135.20, kidnapping in
the first degree as defined in section 135.25, burglary in the third
degree as defined in section 140.20, burglary in the second degree as
defined in section 140.25, burglary in the first degree as defined in
section 140.30, arson in the second degree as defined in section 150.15,
arson in the first degree as defined in section 150.20, robbery in the
third degree as defined in section 160.05, robbery in the second degree
as defined in section 160.10, robbery in the first degree as defined in
section 160.15, promoting prostitution in the second degree as defined
in section 230.30, promoting prostitution in the first degree as defined
in section 230.32, compelling prostitution as defined in section 230.33,
disseminating indecent material to minors in the first degree as defined
in section 235.22, use of a child in a sexual performance as defined in
section 263.05, promoting an obscene sexual performance by a child as
defined in section 263.10, promoting a sexual performance by a child as
defined in section 263.15, or any felony attempt or conspiracy to commit
any of the foregoing offenses.
S 23. Paragraph (a) of subdivision 1 of section 460.10 of the penal
law, as separately amended by chapters 312 and 472 of the laws of 2008,
is amended to read as follows:
(a) Any of the felonies set forth in this chapter: sections 120.05,
120.10 and 120.11 relating to assault; SECTION 120.09 RELATING TO STRAN-
GULATION; sections 125.10 to 125.27 relating to homicide; sections
130.25, 130.30 and 130.35 relating to rape; sections 135.20 and 135.25
relating to kidnapping; section 135.35 relating to labor trafficking;
section 135.65 relating to coercion; sections 140.20, 140.25 and 140.30
relating to burglary; sections 145.05, 145.10 and 145.12 relating to
criminal mischief; article one hundred fifty relating to arson; sections
155.30, 155.35, 155.40 and 155.42 relating to grand larceny; sections
177.10, 177.15, 177.20 and 177.25 relating to health care fraud; article
one hundred sixty relating to robbery; sections 165.45, 165.50, 165.52
and 165.54 relating to criminal possession of stolen property; sections
165.72 and 165.73 relating to trademark counterfeiting; sections 170.10,
170.15, 170.25, 170.30, 170.40, 170.65 and 170.70 relating to forgery;
sections 175.10, 175.25, 175.35, 175.40 and 210.40 relating to false
statements; sections 176.15, 176.20, 176.25 and 176.30 relating to
insurance fraud; sections 178.20 and 178.25 relating to criminal diver-
sion of prescription medications and prescriptions; sections 180.03,
180.08, 180.15, 180.25, 180.40, 180.45, 200.00, 200.03, 200.04, 200.10,
200.11, 200.12, 200.20, 200.22, 200.25, 200.27, 215.00, 215.05 and
215.19 relating to bribery; sections 187.10, 187.15, 187.20 and 187.25
relating to residential mortgage fraud, sections 190.40 and 190.42
relating to criminal usury; section 190.65 relating to schemes to
defraud; sections 205.60 and 205.65 relating to hindering prosecution;
sections 210.10, 210.15, and 215.51 relating to perjury and contempt;
section 215.40 relating to tampering with physical evidence; sections
220.06, 220.09, 220.16, 220.18, 220.21, 220.31, 220.34, 220.39, 220.41,
220.43, 220.46, 220.55 and 220.60 relating to controlled substances;
sections 225.10 and 225.20 relating to gambling; sections 230.25,
230.30, and 230.32 relating to promoting prostitution; section 230.34
relating to sex trafficking; sections 235.06, 235.07, 235.21 and 235.22
relating to obscenity; sections 263.10 and 263.15 relating to promoting
a sexual performance by a child; sections 265.02, 265.03, 265.04,
265.11, 265.12, 265.13 and the provisions of section 265.10 which
constitute a felony relating to firearms and other dangerous weapons;
and sections 265.14 and 265.16 relating to criminal sale of a firearm;
A. 5164 13
and section 275.10, 275.20, 275.30, or 275.40 relating to unauthorized
recordings; and sections 470.05, 470.10, 470.15 and 470.20 relating to
money laundering; or
S 24. Subparagraph 4 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:
(4) the parent of such child has been convicted of assault in the
second degree as defined in section 120.05, STRANGULATION AS DEFINED IN
SECTION 120.09, assault in the first degree as defined in section 120.10
or aggravated assault upon a person less than eleven years old as
defined in section 120.12 of the penal law, and the commission of one of
the foregoing crimes resulted in serious physical injury to the child or
another child of the parent;
S 25. Paragraph (j) of subdivision 2 of section 378-a of the social
services law, as added by chapter 7 of the laws of 1999, is amended to
read as follows:
(j) For the purposes of this subdivision "spousal abuse" is an offense
defined in section 120.05, 120.09 or 120.10 of the penal law where the
victim of such offense was the defendant's spouse; provided, however,
spousal abuse shall not include a crime in which the prospective foster
parent or prospective adoptive parent, who was the defendant, has
received notice pursuant to paragraph (g) of this subdivision and the
office of children and family services finds after a fair hearing held
pursuant to section twenty-two of this chapter, that he or she was the
victim of physical, sexual or psychological abuse by the victim of such
offense and such abuse was a factor in causing the prospective foster
parent or prospective adoptive parent to commit such offense.
S 26. Clause (C) of subparagraph (iii) of paragraph (a) of subdivision
8 of section 384-b of the social services law, as added by chapter 7 of
the laws of 1999, is amended to read as follows:
(C) the parent of such child has been convicted of assault in the
second degree as defined in section 120.05, STRANGULATION AS DEFINED IN
SECTION 120.09, assault in the first degree as defined in section 120.10
or aggravated assault upon a person less than eleven years old as
defined in section 120.12 of the penal law, and the victim of any such
crime was the child or another child of the parent or another child for
whose care such parent is or has been legally responsible; 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; or
S 27. Paragraph (c) of subdivision 4 of section 509-cc of the vehicle
and traffic law, as amended by chapter 345 of the laws of 2007, is
amended to read as follows:
(c) The offenses referred to in subparagraph (i) of paragraph (b) of
subdivision one and subparagraph (i) of paragraph (c) of subdivision two
of this section that result in disqualification for a period of five
years shall include a conviction under sections 100.10, 105.13, 115.05,
120.03, 120.04, 120.04-a, 120.05, 120.09, 120.10, 120.25, 125.13,
125.14, 125.40, 125.45, 130.20, 130.25, 130.55, 135.10, 135.55, 140.17,
140.25, 140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06, 220.09,
220.16, 220.31, 220.34, 220.60, 221.30, 221.50, 221.55, 230.00, 230.05,
230.06, 230.20, 230.25, 230.30, 230.32, 235.05, 235.06, 235.07, 235.21,
240.06, 245.00, 260.10, subdivision two of section 260.20 and sections
260.25, 265.02, 265.03, 265.08, 265.09, 265.10, 265.12, 265.35 of the
penal law or an attempt to commit any of the aforesaid offenses under
A. 5164 14
section 110.00 of the penal law, or any similar offenses committed under
a former section of the penal law, or any offenses committed under a
former section of the penal law which would constitute violations of the
aforesaid sections of the penal law, or any offenses committed outside
this state which would constitute violations of the aforesaid sections
of the penal law.
S 28. This act shall take effect on the ninetieth day after it shall
have become a law.