A. 1494 2
PERSON, LESS THAN TWELVE YEARS OF AGE BY MEANS OF A DEADLY WEAPON OR A
DANGEROUS INSTRUMENT; OR
3. HE RECKLESSLY CAUSES SERIOUS PHYSICAL INJURY TO ANOTHER PERSON,
LESS THAN TWELVE YEARS OF AGE, BY MEANS OF A DEADLY WEAPON OR A DANGER-
OUS INSTRUMENT; OR
4. FOR A PURPOSE OTHER THAN LAWFUL MEDICAL OR THERAPEUTIC TREATMENT,
HE INTENTIONALLY CAUSES STUPOR, UNCONSCIOUSNESS OR OTHER PHYSICAL
IMPAIRMENT OR INJURY TO ANOTHER PERSON, LESS THAN TWELVE YEARS OF AGE,
BY ADMINISTERING TO HIM, WITHOUT HIS CONSENT, A DRUG, SUBSTANCE OR PREP-
ARATION CAPABLE OF PRODUCING THE SAME; OR
5. IN THE COURSE OF AND IN FURTHERANCE OF THE COMMISSION OR ATTEMPTED
COMMISSION OF A FELONY, OTHER THAN A FELONY DEFINED IN ARTICLE ONE
HUNDRED THIRTY WHICH REQUIRES CORROBORATION FOR CONVICTION, OR OF IMME-
DIATE FLIGHT THEREFROM, HE, OR ANOTHER PARTICIPANT IF THERE BE ANY,
CAUSES PHYSICAL INJURY TO A PERSON, UNDER TWELVE YEARS OF AGE, OTHER
THAN ONE OF THE PARTICIPANTS; OR
6. ACTING AT A PLACE THE PERSON KNOWS, OR REASONABLY SHOULD KNOW, IS
ON SCHOOL GROUNDS AND WITH INTENT TO CAUSE PHYSICAL INJURY, HE OR SHE
NOT BEING A STUDENT OF SUCH SCHOOL OR PUBLIC SCHOOL DISTRICT, CAUSES
PHYSICAL INJURY TO ANOTHER, UNDER TWELVE YEARS OF AGE, AND SUCH OTHER
PERSON IS A STUDENT OF SUCH SCHOOL WHO IS ATTENDING OR PRESENT FOR
EDUCATIONAL PURPOSES. FOR PURPOSES OF THIS SUBDIVISION THE TERM "SCHOOL
GROUNDS" SHALL HAVE THE MEANING SET FORTH IN SUBDIVISION FOURTEEN OF
SECTION 220.00 OF THIS CHAPTER.
AGGRAVATED ASSAULT UPON A PERSON LESS THAN TWELVE YEARS OLD IN THE
SECOND DEGREE IS A CLASS C FELONY.
S 4. Section 120.11 of the penal law, as amended by chapter 283 of the
laws of 1993, is amended to read as follows:
S 120.11 Aggravated assault upon a police officer or a peace officer.
A person is guilty of aggravated assault upon a police officer or a
peace officer when, with intent to cause serious physical injury to a
person whom he knows or reasonably should know to be a police officer or
a peace officer engaged in the course of performing his official duties,
he causes such injury by means of a deadly weapon or dangerous instru-
ment.
Aggravated assault upon a police officer or a peace officer is a class
[B] A felony.
S 5. The penal law is amended by adding a new section 120.11-a to read
as follows:
S 120.11-A AGGRAVATED ASSAULT UPON A PERSON LESS THAN TWELVE YEARS OLD
IN THE FIRST DEGREE.
A PERSON IS GUILTY OF AGGRAVATED ASSAULT UPON A PERSON LESS THAN
TWELVE YEARS OLD IN THE FIRST DEGREE WHEN BEING EIGHTEEN YEARS OLD OR
MORE, WITH INTENT TO CAUSE SERIOUS PHYSICAL INJURY TO A PERSON LESS THAN
TWELVE YEARS OF AGE, HE CAUSES SUCH INJURY BY MEANS OF A DEADLY WEAPON
OR DANGEROUS INSTRUMENT.
AGGRAVATED ASSAULT UPON A PERSON LESS THAN TWELVE YEARS OLD IN THE
FIRST DEGREE IS A CLASS A FELONY.
S 6. Section 120.12 of the penal law, as added by chapter 477 of the
laws of 1990, is amended to read as follows:
S 120.12 Aggravated assault upon a person less than [eleven] TWELVE
years old.
A person is guilty of aggravated assault upon a person less than
[eleven] TWELVE years old when being eighteen years old or more the
defendant commits the crime of assault in the third degree as defined in
section 120.00 of this article upon a person less than [eleven] TWELVE
A. 1494 3
years old [and has been previously convicted of such crime upon a person
less than eleven years old within the preceding three years].
Aggravated assault upon a person less than [eleven] TWELVE years old
is a class E felony.
S 7. The penal law is amended by adding a new section 125.11-a to read
as follows:
S 125.11-A AGGRAVATED CRIMINALLY NEGLIGENT HOMICIDE UPON A PERSON LESS
THAN TWELVE YEARS OLD.
A PERSON IS GUILTY OF AGGRAVATED CRIMINALLY NEGLIGENT HOMICIDE UPON A
PERSON LESS THAN TWELVE YEARS OLD WHEN BEING EIGHTEEN YEARS OLD OR MORE,
WITH CRIMINAL NEGLIGENCE, HE OR SHE CAUSES THE DEATH OF A CHILD UNDER
TWELVE YEARS OLD.
AGGRAVATED CRIMINALLY NEGLIGENT HOMICIDE UPON A PERSON LESS THAN
TWELVE YEARS OLD IS A CLASS C FELONY.
S 8. The penal law is amended by adding a new section 125.21-a to read
as follows:
S 125.21-A AGGRAVATED MANSLAUGHTER UPON A PERSON LESS THAN TWELVE YEARS
OLD IN THE SECOND DEGREE.
A PERSON IS GUILTY OF AGGRAVATED MANSLAUGHTER UPON A PERSON LESS THAN
TWELVE YEARS OLD IN THE SECOND DEGREE WHEN BEING EIGHTEEN YEARS OLD OR
MORE, HE OR SHE RECKLESSLY CAUSES THE DEATH OF A CHILD LESS THAN TWELVE
YEARS OF AGE.
AGGRAVATED MANSLAUGHTER UPON A PERSON LESS THAN TWELVE YEARS OLD IN
THE SECOND DEGREE IS A CLASS C FELONY.
S 9. The penal law is amended by adding a new section 125.21-b to read
as follows:
S 125.21-B AGGRAVATED MANSLAUGHTER UPON A PERSON LESS THAN TWELVE YEARS
OLD IN THE FIRST DEGREE.
A PERSON IS GUILTY OF AGGRAVATED MANSLAUGHTER UPON A PERSON LESS THAN
TWELVE YEARS OLD IN THE FIRST DEGREE WHEN BEING EIGHTEEN YEARS OLD OR
MORE:
1. WITH INTENT TO CAUSE SERIOUS PHYSICAL INJURY TO A PERSON LESS THAN
TWELVE YEARS OF AGE, HE CAUSES THE DEATH OF SUCH PERSON; OR
2. WITH INTENT TO CAUSE THE DEATH OF A PERSON LESS THAN TWELVE YEARS
OF AGE, HE OR SHE CAUSES THE DEATH OF SUCH PERSON UNDER CIRCUMSTANCES
WHICH DO NOT CONSTITUTE MURDER BECAUSE HE OR SHE ACTS UNDER THE INFLU-
ENCE OF EXTREME EMOTIONAL DISTURBANCE, AS DEFINED IN PARAGRAPH (A) OF
SUBDIVISION ONE OF SECTION 125.25 OF THIS ARTICLE. THE FACT THAT HOMI-
CIDE WAS COMMITTED UNDER THE INFLUENCE OF EXTREME EMOTIONAL DISTURBANCE
CONSTITUTES A MITIGATING CIRCUMSTANCE REDUCING MURDER TO AGGRAVATED
MANSLAUGHTER IN THE FIRST DEGREE OR MANSLAUGHTER IN THE FIRST DEGREE AND
NEED NOT BE PROVED IN ANY PROSECUTION INITIATED UNDER THIS SUBDIVISION.
AGGRAVATED MANSLAUGHTER UPON A PERSON LESS THAN TWELVE YEARS OLD IN
THE FIRST DEGREE IS A CLASS B FELONY.
S 10. The penal law is amended by adding a new section 125.26-a to
read as follows:
S 125.26-A AGGRAVATED MURDER UPON A PERSON LESS THAN TWELVE YEARS OLD.
A PERSON IS GUILTY OF AGGRAVATED MURDER UPON A PERSON LESS THAN TWELVE
YEARS OLD WHEN BEING EIGHTEEN YEARS OLD OR MORE:
1. WITH INTENT TO CAUSE THE DEATH OF A PERSON, HE OR SHE CAUSES THE
DEATH OF A PERSON WHO WAS LESS THAN TWELVE YEARS OF AGE.
2. IN ANY PROSECUTION UNDER SUBDIVISION ONE OF THIS SECTION, IT IS AN
AFFIRMATIVE DEFENSE THAT THE DEFENDANT ACTED UNDER THE INFLUENCE OF
EXTREME EMOTIONAL DISTURBANCE FOR WHICH THERE WAS A REASONABLE EXPLANA-
TION OR EXCUSE, THE REASONABLENESS OF WHICH IS TO BE DETERMINED FROM THE
VIEWPOINT OF A PERSON IN THE DEFENDANT'S SITUATION UNDER THE CIRCUM-
A. 1494 4
STANCES AS THE DEFENDANT BELIEVED THEM TO BE. NOTHING CONTAINED IN THIS
SUBDIVISION SHALL CONSTITUTE A DEFENSE TO A PROSECUTION FOR, OR PRECLUDE
A CONVICTION OF, AGGRAVATED MANSLAUGHTER IN THE FIRST DEGREE,
MANSLAUGHTER IN THE FIRST DEGREE OR ANY OTHER CRIME EXCEPT MURDER IN THE
SECOND DEGREE.
AGGRAVATED MURDER UPON A PERSON LESS THAN TWELVE YEARS OLD IS A CLASS
A-I FELONY.
S 11. Subdivision 3 of section 485.05 of the penal law, as amended by
chapter 405 of the laws of 2010, is amended to read as follows:
3. A "specified offense" is an offense defined by any of the following
provisions of this chapter: section 120.00 (assault in the third
degree); section 120.05 (assault in the second degree); SECTION 120.05-A
(AGGRAVATED ASSAULT UPON A PERSON LESS THAN TWELVE YEARS OLD IN THE
SECOND DEGREE); section 120.10 (assault in the first degree); SECTION
120.11-A (AGGRAVATED ASSAULT UPON A PERSON LESS THAN TWELVE YEARS OLD IN
THE FIRST DEGREE; section 120.12 (aggravated assault upon a person less
than [eleven] TWELVE years old); section 120.13 (menacing in the first
degree); section 120.14 (menacing in the second degree); section 120.15
(menacing in the third degree); section 120.20 (reckless endangerment in
the second degree); section 120.25 (reckless endangerment in the first
degree); section 121.12 (strangulation in the second degree); section
121.13 (strangulation in the first degree); SECTION 125.11-A (AGGRAVATED
CRIMINALLY NEGLIGENT HOMICIDE UPON A PERSON LESS THAN TWELVE YEARS OLD);
subdivision one of section 125.15 (manslaughter in the second degree);
subdivision one, two or four of section 125.20 (manslaughter in the
first degree); SECTION 125.21-A (AGGRAVATED MANSLAUGHTER UPON A PERSON
LESS THAN TWELVE YEARS OLD IN THE SECOND DEGREE); SECTION 125.21-B
(AGGRAVATED MANSLAUGHTER UPON A PERSON LESS THAN TWELVE YEARS OLD IN THE
FIRST DEGREE); section 125.25 (murder in the second degree); SECTION
125.26-A (AGGRAVATED MURDER UPON A PERSON LESS THAN TWELVE YEARS OLD);
section 120.45 (stalking in the fourth degree); section 120.50 (stalking
in the third degree); section 120.55 (stalking in the second degree);
section 120.60 (stalking in the first degree); subdivision one of
section 130.35 (rape in the first degree); subdivision one of section
130.50 (criminal sexual act in the first degree); subdivision one of
section 130.65 (sexual abuse in the first degree); paragraph (a) of
subdivision one of section 130.67 (aggravated sexual abuse in the second
degree); paragraph (a) of subdivision one of section 130.70 (aggravated
sexual abuse in the first degree); section 135.05 (unlawful imprisonment
in the second degree); section 135.10 (unlawful imprisonment in the
first degree); section 135.20 (kidnapping in the second degree); section
135.25 (kidnapping in the first degree); section 135.60 (coercion in the
second degree); section 135.65 (coercion in the first degree); section
140.10 (criminal trespass in the third degree); section 140.15 (criminal
trespass in the second degree); section 140.17 (criminal trespass in the
first degree); section 140.20 (burglary in the third degree); section
140.25 (burglary in the second degree); section 140.30 (burglary in the
first degree); section 145.00 (criminal mischief in the fourth degree);
section 145.05 (criminal mischief in the third degree); section 145.10
(criminal mischief in the second degree); section 145.12 (criminal
mischief in the first degree); section 150.05 (arson in the fourth
degree); section 150.10 (arson in the third degree); section 150.15
(arson in the second degree); section 150.20 (arson in the first
degree); section 155.25 (petit larceny); section 155.30 (grand larceny
in the fourth degree); section 155.35 (grand larceny in the third
degree); section 155.40 (grand larceny in the second degree); section
A. 1494 5
155.42 (grand larceny in the first degree); section 160.05 (robbery in
the third degree); section 160.10 (robbery in the second degree);
section 160.15 (robbery in the first degree); section 240.25 (harassment
in the first degree); subdivision one, two or four of section 240.30
(aggravated harassment in the second degree); or any attempt or conspir-
acy to commit any of the foregoing offenses.
S 12. Subdivision 7 of section 995 of the executive law, as amended by
chapter 2 of the laws of 2006, paragraph (a) as separately amended by
chapter 320 of the laws of 2006 and paragraph (f) as amended by chapter
405 of the laws of 2010, is amended to read as follows:
7. "Designated offender" means a person convicted of and sentenced for
any one or more of the following provisions of the penal law (a)
sections 120.05, 120.05-A, 120.10, and 120.11, relating to assault;
sections 125.15 through 125.27 relating to homicide; sections 130.25,
130.30, 130.35, 130.40, 130.45, 130.50, 130.65, 130.67 and 130.70,
relating to sex offenses; sections 205.10, 205.15, 205.17 and 205.19,
relating to escape and other offenses, where the offender has been
convicted within the previous five years of one of the other felonies
specified in this subdivision; or sections 255.25, 255.26 and 255.27,
relating to incest, a violent felony offense as defined in subdivision
one of section 70.02 of the penal law, attempted murder in the first
degree, as defined in section 110.00 and section 125.27 of the penal
law, kidnapping in the first degree, as defined in section 135.25 of the
penal law, arson in the first degree, as defined in section 150.20 of
the penal law, burglary in the third degree, as defined in section
140.20 of the penal law, attempted burglary in the third degree, as
defined in section 110.00 and section 140.20 of the penal law, a felony
defined in article four hundred ninety of the penal law relating to
terrorism or any attempt to commit an offense defined in such article
relating to terrorism which is a felony; or (b) criminal possession of a
controlled substance in the first degree, as defined in section 220.21
of the penal law; criminal possession of a controlled substance in the
second degree, as defined in section 220.18 of the penal law; criminal
sale of a controlled substance, as defined in article 220 of the penal
law; or grand larceny in the fourth degree, as defined in subdivision
five of section 155.30 of the penal law; or (c) any misdemeanor or felo-
ny defined as a sex offense or sexually violent offense pursuant to
paragraph (a), (b) or (c) of subdivision two or paragraph (a) of subdi-
vision three of section one hundred sixty-eight-a of the correction law;
or (d) any of the following felonies, or an attempt thereof where such
attempt is a felony offense: AGGRAVATED ASSAULT UPON A PERSON LESS THAN
TWELVE YEARS OLD IN THE FIRST DEGREE, AS DEFINED IN SECTION 120.11-A;
aggravated assault upon a person less than [eleven] TWELVE years old, as
defined in section 120.12 of the penal law; menacing in the first
degree, as defined in section 120.13 of the penal law; reckless endan-
germent in the first degree, as defined in section 120.25 of the penal
law; stalking in the second degree, as defined in section 120.55 of the
penal law; criminally negligent homicide, as defined in section 125.10
of the penal law; AGGRAVATED CRIMINALLY NEGLIGENT HOMICIDE UPON A PERSON
LESS THAN TWELVE YEARS OLD, AS DEFINED IN SECTION 125.11-A; vehicular
manslaughter in the second degree, as defined in section 125.12 of the
penal law; vehicular manslaughter in the first degree, as defined in
section 125.13 of the penal law; persistent sexual abuse, as defined in
section 130.53 of the penal law; aggravated sexual abuse in the fourth
degree, as defined in section 130.65-a of the penal law; female genital
mutilation, as defined in section 130.85 of the penal law; facilitating
A. 1494 6
a sex offense with a controlled substance, as defined in section 130.90
of the penal law; unlawful imprisonment in the first degree, as defined
in section 135.10 of the penal law; custodial interference in the first
degree, as defined in section 135.50 of the penal law; criminal trespass
in the first degree, as defined in section 140.17 of the penal law;
criminal tampering in the first degree, as defined in section 145.20 of
the penal law; tampering with a consumer product in the first degree, as
defined in section 145.45 of the penal law; robbery in the third degree
as defined in section 160.05 of the penal law; identity theft in the
second degree, as defined in section 190.79 of the penal law; identity
theft in the first degree, as defined in section 190.80 of the penal
law; promoting prison contraband in the first degree, as defined in
section 205.25 of the penal law; tampering with a witness in the third
degree, as defined in section 215.11 of the penal law; tampering with a
witness in the second degree, as defined in section 215.12 of the penal
law; tampering with a witness in the first degree, as defined in section
215.13 of the penal law; criminal contempt in the first degree, as
defined in subdivisions (b), (c) and (d) of section 215.51 of the penal
law; aggravated criminal contempt, as defined in section 215.52 of the
penal law; bail jumping in the second degree, as defined in section
215.56 of the penal law; bail jumping in the first degree, as defined in
section 215.57 of the penal law; patronizing a prostitute in the second
degree, as defined in section 230.05 of the penal law; patronizing a
prostitute in the first degree, as defined in section 230.06 of the
penal law; promoting prostitution in the second degree, as defined in
section 230.30 of the penal law; promoting prostitution in the first
degree, as defined in section 230.32 of the penal law; compelling pros-
titution, as defined in section 230.33 of the penal law; disseminating
indecent materials to minors in the second degree, as defined in section
235.21 of the penal law; disseminating indecent materials to minors in
the first degree, as defined in section 235.22 of the penal law; riot in
the first degree, as defined in section 240.06 of the penal law; crimi-
nal anarchy, as defined in section 240.15 of the penal law; aggravated
harassment of an employee by an inmate, as defined in section 240.32 of
the penal law; unlawful surveillance in the second degree, as defined in
section 250.45 of the penal law; unlawful surveillance in the first
degree, as defined in section 250.50 of the penal law; endangering the
welfare of a vulnerable elderly person in the second degree, as defined
in section 260.32 of the penal law; endangering the welfare of a vulner-
able elderly person in the first degree, as defined in section 260.34 of
the penal law; use of a child in a sexual performance, as defined in
section 263.05 of the penal law; promoting an obscene sexual performance
by a child, as defined in section 263.10 of the penal law; possessing an
obscene sexual performance by a child, as defined in section 263.11 of
the penal law; promoting a sexual performance by a child, as defined in
section 263.15 of the penal law; possessing a sexual performance by a
child, as defined in section 263.16 of the penal law; criminal
possession of a weapon in the third degree, as defined in section 265.02
of the penal law; criminal sale of a firearm in the third degree, as
defined in section 265.11 of the penal law; criminal sale of a firearm
to a minor, as defined in section 265.16 of the penal law; unlawful
wearing of a body vest, as defined in section 270.20 of the penal law;
hate crimes as defined in section 485.05 of the penal law; and crime of
terrorism, as defined in section 490.25 of the penal law; or (e) a felo-
ny defined in the penal law or an attempt thereof where such attempt is
a felony; or (f) any of the following misdemeanors: assault in the third
A. 1494 7
degree as defined in section 120.00 of the penal law; attempted aggra-
vated assault upon a person less than [eleven] TWELVE years old, as
defined in section 110.00 and section 120.12 of the penal law; attempted
menacing in the first degree, as defined in section 110.00 and section
120.13 of the penal law; menacing in the second degree as defined in
section 120.14 of the penal law; menacing in the third degree as defined
in section 120.15 of the penal law; reckless endangerment in the second
degree as defined in section 120.20 of the penal law; stalking in the
fourth degree as defined in section 120.45 of the penal law; stalking in
the third degree as defined in section 120.50 of the penal law;
attempted stalking in the second degree, as defined in section 110.00
and section 120.55 of the penal law; criminal obstruction of breathing
or blood circulation as defined in section 121.11 of the penal law;
forcible touching as defined in section 130.52 of the penal law regard-
less of the age of the victim; sexual abuse in the third degree as
defined in section 130.55 of the penal law regardless of the age of the
victim; unlawful imprisonment in the second degree as defined in section
135.05 of the penal law regardless of the age of the victim; attempted
unlawful imprisonment in the first degree, as defined in section 110.00
and section 135.10 of the penal law regardless of the age of the victim;
criminal trespass in the second degree as defined in section 140.15 of
the penal law; possession of burglar's tools as defined in section
140.35 of the penal law; petit larceny as defined in section 155.25 of
the penal law; endangering the welfare of a child as defined in section
260.10 of the penal law; endangering the welfare of an incompetent or
physically disabled person as defined in section 260.25 of the penal
law.
S 13. Subparagraphs 2 and 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, are amended to read as follows:
(2) the parent of such child has been convicted of (i) murder in the
first degree as defined in section 125.27, AGGRAVATED MURDER UPON A
PERSON LESS THAN TWELVE YEARS OLD AS DEFINED IN SECTION 125.26-A 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, AGGRAVATED CRIMINALLY
NEGLIGENT HOMICIDE UPON A PERSON LESS THAN TWELVE YEARS OLD AS DEFINED
IN SECTION 125.11-A, AGGRAVATED MANSLAUGHTER UPON A PERSON LESS THAN
TWELVE YEARS OLD IN THE SECOND DEGREE AS DEFINED IN SECTION 125.21-A,
AGGRAVATED MANSLAUGHTER UPON A PERSON LESS THAN TWELVE YEARS OLD IN THE
FIRST DEGREE AS DEFINED IN SECTION 125.21-B 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;
(4) the parent of such respondent has been convicted of assault in the
second degree as defined in section 120.05, AGGRAVATED ASSAULT UPON A
PERSON LESS THAN TWELVE YEARS OLD IN THE SECOND DEGREE AS DEFINED IN
SECTION 120.05-A, assault in the first degree as defined in section
120.10, AGGRAVATED ASSAULT UPON A PERSON LESS THAN TWELVE YEARS OLD IN
THE FIRST DEGREE, AS DEFINED IN SECTION 120.11-A, or aggravated assault
upon a person less than [eleven] TWELVE 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 respondent or another
child of the parent;
A. 1494 8
S 14. Subparagraphs (ii) and (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, are amended to read as follows:
(ii) the parent of such child has been convicted of (A) murder in the
first degree as defined in section 125.27, AGGRAVATED MURDER UPON A
PERSON LESS THAN TWELVE YEARS OLD AS DEFINED IN SECTION 125.26-A 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 (B) manslaughter
in the first degree as defined in section 125.20, AGGRAVATED CRIMINALLY
NEGLIGENT HOMICIDE UPON A PERSON LESS THAN TWELVE YEARS OLD AS DEFINED
IN SECTION 125.11-A, AGGRAVATED MANSLAUGHTER UPON A PERSON LESS THAN
TWELVE YEARS OLD IN THE SECOND DEGREE AS DEFINED IN SECTION 125.21-A,
AGGRAVATED MANSLAUGHTER UPON A PERSON LESS THAN TWELVE YEARS OLD IN THE
FIRST DEGREE AS DEFINED IN SECTION 125.21-B 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;
(iv) the parent of such child has been convicted of assault in the
second degree as defined in section 120.05, AGGRAVATED ASSAULT UPON A
PERSON LESS THAN TWELVE YEARS OLD IN THE SECOND DEGREE AS DEFINED IN
SECTION 120.05-A, assault in the first degree as defined in section
120.10, AGGRAVATED ASSAULT UPON A PERSON LESS THAN TWELVE YEARS OLD IN
THE FIRST DEGREE, AS DEFINED IN SECTION 120.11-A or aggravated assault
upon a person less than [eleven] TWELVE 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. Paragraphs 2 and 4 of subdivision (b) of section 1039-b of the
family court act, as added by chapter 7 of the laws of 1999, are amended
to read as follows:
(2) the parent of such child has been convicted of (i) murder in the
first degree as defined in section 125.27, AGGRAVATED MURDER UPON A
PERSON LESS THAN TWELVE YEARS OLD AS DEFINED IN SECTION 125.26-A 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, AGGRAVATED CRIMINALLY
NEGLIGENT HOMICIDE UPON A PERSON LESS THAN TWELVE YEARS OLD AS DEFINED
IN SECTION 125.11-A, AGGRAVATED MANSLAUGHTER UPON A PERSON LESS THAN
TWELVE YEARS OLD IN THE SECOND DEGREE AS DEFINED IN SECTION 125.21-A,
AGGRAVATED MANSLAUGHTER UPON A PERSON LESS THAN TWELVE YEARS OLD IN THE
FIRST DEGREE AS DEFINED IN SECTION 125.21-B 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;
(4) the parent of such child has been convicted of assault in the
second degree as defined in section 120.05, AGGRAVATED ASSAULT UPON A
PERSON LESS THAN TWELVE YEARS OLD IN THE SECOND DEGREE AS DEFINED IN
SECTION 120.05-A, assault in the first degree as defined in section
120.10, AGGRAVATED ASSAULT UPON A PERSON LESS THAN TWELVE YEARS OLD IN
THE FIRST DEGREE, AS DEFINED IN SECTION 120.11-A or aggravated assault
upon a person less than [eleven] TWELVE 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;
A. 1494 9
S 16. Clauses 2 and 4 of subparagraph (A) of paragraph (i) of subdivi-
sion (b) of section 1052 of the family court act, as amended by chapter
7 of the laws of 1999, are amended to read as follows:
(2) the parent of such child has been convicted of (i) murder in the
first degree as defined in section 125.27, AGGRAVATED MURDER UPON A
PERSON LESS THAN TWELVE YEARS OLD AS DEFINED IN SECTION 125.26-A 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, AGGRAVATED CRIMINALLY
NEGLIGENT HOMICIDE UPON A PERSON LESS THAN TWELVE YEARS OLD AS DEFINED
IN SECTION 125.11-A, AGGRAVATED MANSLAUGHTER UPON A PERSON LESS THAN
TWELVE YEARS OLD IN THE SECOND DEGREE AS DEFINED IN SECTION 125.21-A,
AGGRAVATED MANSLAUGHTER UPON A PERSON LESS THAN TWELVE YEARS OLD IN THE
FIRST DEGREE AS DEFINED IN SECTION 125.21-B 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;
(4) the parent of such child has been convicted of assault in the
second degree as defined in section 120.05, AGGRAVATED ASSAULT UPON A
PERSON LESS THAN TWELVE YEARS OLD IN THE SECOND DEGREE AS DEFINED IN
SECTION 120.05-A, assault in the first degree as defined in section
120.10, AGGRAVATED ASSAULT UPON A PERSON LESS THAN TWELVE YEARS OLD IN
THE FIRST DEGREE, AS DEFINED IN SECTION 120.11-A or aggravated assault
upon a person less than [eleven] TWELVE 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 17. 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; 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, 120.05-A, 120.10, 120.11, 120.11-A, 120.12; robbery
pursuant to article 160; homicide pursuant to sections 125.11-A, 125.25,
125.26-A and 125.27; manslaughter pursuant to sections 125.15 [and],
125.20, 125.21-A AND 125.21-B; 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 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 article seven hundred twenty of the criminal proce-
dure 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 successful rehabilitation to remove the disability has been issued.
A. 1494 10
Provided, however, a fine shall not be imposed for the causes speci-
fied in paragraph f of this subdivision.
In lieu of or in conjunction with the suspension or revocation of a
license, or the imposition of a fine pursuant to this section, the
secretary may issue a reprimand. When a license issued pursuant to this
article is revoked, such license shall not be reinstated or reissued
until after the expiration of a period of one year from the date of such
revocation. No license shall be issued after a second revocation.
S 18. Subparagraphs 2 and 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, are amended to read as follows:
(2) the parent of such child has been convicted of (i) murder in the
first degree as defined in section 125.27, AGGRAVATED MURDER UPON A
PERSON LESS THAN TWELVE YEARS OLD AS DEFINED IN SECTION 125.26-A 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, AGGRAVATED CRIMINALLY
NEGLIGENT HOMICIDE UPON A PERSON LESS THAN TWELVE YEARS OLD AS DEFINED
IN SECTION 125.11-A, AGGRAVATED MANSLAUGHTER UPON A PERSON LESS THAN
TWELVE YEARS OLD IN THE SECOND DEGREE AS DEFINED IN SECTION 125.21-A,
AGGRAVATED MANSLAUGHTER UPON A PERSON LESS THAN TWELVE YEARS OLD IN THE
FIRST DEGREE AS DEFINED IN SECTION 125.21-B 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;
(4) the parent of such child has been convicted of assault in the
second degree as defined in section 120.05, AGGRAVATED ASSAULT UPON A
PERSON LESS THAN TWELVE YEARS OLD IN THE SECOND DEGREE AS DEFINED IN
SECTION 120.05-A, assault in the first degree as defined in section
120.10, AGGRAVATED ASSAULT UPON A PERSON LESS THAN TWELVE YEARS OLD IN
THE FIRST DEGREE, AS DEFINED IN SECTION 120.11-A or aggravated assault
upon a person less than [eleven] TWELVE 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 19. 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, clause (A) as amended by chapter 460 of the laws of 2006, is
amended to read as follows:
(iii) (A) the parent of such child has been convicted of murder in the
first degree as defined in section 125.27, AGGRAVATED MURDER UPON A
PERSON LESS THAN TWELVE YEARS OLD AS DEFINED IN SECTION 125.26-A, murder
in the second degree as defined in section 125.25, manslaughter in the
first degree as defined in section 125.20, AGGRAVATED CRIMINALLY NEGLI-
GENT HOMICIDE UPON A PERSON LESS THAN TWELVE YEARS OLD AS DEFINED IN
SECTION 125.11-A, AGGRAVATED MANSLAUGHTER UPON A PERSON LESS THAN TWELVE
YEARS OLD IN THE SECOND DEGREE AS DEFINED IN SECTION 125.21-A, AGGRA-
VATED MANSLAUGHTER UPON A PERSON LESS THAN TWELVE YEARS OLD IN THE FIRST
DEGREE AS DEFINED IN SECTION 125.21-B 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 phys-
ical, sexual or psychological abuse by the decedent parent and such
abuse was a factor in causing the homicide; or has been convicted of an
A. 1494 11
attempt to commit any of the foregoing crimes, and the victim or
intended victim was the child or another child of the parent or another
child for whose care such parent is or has been legally responsible as
defined in subdivision (g) of section one thousand twelve of the family
court act, or another parent of the child, unless the convicted parent
was a victim of physical, sexual or psychological abuse by the decedent
parent and such abuse was a factor in causing the attempted homicide;
(B) the parent of such child has been convicted of criminal solicitation
as defined in article one hundred, conspiracy as defined in article one
hundred five or criminal facilitation as defined in article one hundred
fifteen of the penal law for conspiring, soliciting or facilitating 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; (C) the parent of such child
has been convicted of assault in the second degree as defined in section
120.05, AGGRAVATED ASSAULT UPON A PERSON LESS THAN TWELVE YEARS OLD IN
THE SECOND DEGREE AS DEFINED IN SECTION 120.05-A, assault in the first
degree as defined in section 120.10, AGGRAVATED ASSAULT UPON A PERSON
LESS THAN TWELVE YEARS OLD IN THE FIRST DEGREE, AS DEFINED IN SECTION
120.11-A or aggravated assault upon a person less than [eleven] TWELVE
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 anoth-
er 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 (D) the parent of such child has been convicted
under the law in any other jurisdiction of an offense which includes all
of the essential elements of any crime specified in clause (A), (B) or
(C) of this subparagraph; and
S 20. This act shall take effect on the ninetieth day after it shall
have become a law.