NY State Assembly Bill 2011-A4034

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- In Committee Assembly
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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to codes
Feb 01, 2011	referred to codes

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2011-A4034 (ACTIVE) - Details

Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Amd §§10.00, 30.00, 60.07 & 70.02, add §120.09, Pen L; amd §§1.20 & 190.71, CP L; amd §995, Exec L; amd §§117, 301.2, 352.2, 754, 1039-b & 1052, Fam Ct Act; amd §410, Gen Bus L; amd §220-b, Lab L; amd §§358-a & 384-b, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A5164
2013-2014: A6302

2011-A4034 (ACTIVE) - Summary

Creates and defines a new crime of strangulation and amends certain laws to include strangulation.

2011-A4034 (ACTIVE) - Bill Text download pdf

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

                                  4034

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 1, 2011
                               ___________

Introduced  by  M.  of A. GABRYSZAK, GUNTHER, JAFFEE, PAULIN, ROSENTHAL,
  SPANO -- Multi-Sponsored by -- M. of  A.  BARCLAY,  BRENNAN,  BURLING,
  CROUCH,  KELLNER,  MARKEY,  PHEFFER, RAIA, SWEENEY, WEISENBERG -- read
  once and referred to the Committee on Codes

AN ACT to amend the penal law, the criminal procedure law, the executive
  law, the family court act, the general business law, the labor law and
  the social services law, in relation to strangulation

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  13  of  section  10.00  of the penal law, as
amended by chapter 791 of the laws  of  1967,  is  amended  to  read  as
follows:
  13.  "Dangerous  instrument"  means:  (I)  any  instrument, article or
substance, including a  "vehicle"  as  that  term  is  defined  in  this
section,  which,  under the circumstances in which it is used, attempted
to be used or threatened to be used, is readily capable of causing death
or other serious physical injury; OR (II) HANDS OR  OTHER  OBJECTS  WHEN
USED  TO  IMPEDE  NORMAL  BREATHING  OR CIRCULATION OF BLOOD BY APPLYING
PRESSURE ON THE THROAT OR NECK OR OBSTRUCTING THE NOSE OR MOUTH.
  S 2.  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07623-01-1

A. 4034                             2

first  degree); 150.20 (arson in the first degree); subdivisions one and
two of section 120.10 (assault in  the  first  degree);  SECTION  121.13
(STRANGULATION  IN  THE  FIRST DEGREE); SECTION 121.12 (STRANGULATION IN
THE  SECOND 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  3. 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); subdivisions one and
two of section 120.10 (assault in  the  first  degree);  SECTION  121.13
(STRANGULATION  IN  THE FIRST DEGREE); SUBDIVISION 121.12 (STRANGULATION
IN THE SECOND DEGREE); 125.20 (manslaughter in the first degree); subdi-
visions one and two of section 130.35 (rape in the first degree); subdi-
visions 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 4. 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; SECTIONS
121.12  AND  121.13,  RELATING TO STRANGULATION; sections 125.15 through

A. 4034                             3

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
  S  5.  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  120.10 (assault in the first degree); 121.13 (STRANGULATION IN
THE FIRST DEGREE); 121.12 (STRANGULATION IN THE SECOND  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

A. 4034                             4

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
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 6. 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
120.10 (assault in the first degree); 121.13 (STRANGULATION IN THE FIRST
DEGREE);   121.12   (STRANGULATION   IN   THE   SECOND  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

A. 4034                             5

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 7. 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, 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 OR STRANGULATION AS
DEFINED IN SECTIONS 121.12 AND 121.13 of the penal law, and the  commis-
sion of one of the foregoing crimes  resulted in serious physical injury
to the respondent or another child of the parent;
  S  8.  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, 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 OR STRANGULATION AS
DEFINED IN SECTIONS 121.12 AND 121.13 of the penal law, and the  commis-
sion  of one of the foregoing crimes resulted in serious physical injury
to the child or another child of the parent;
  S 9. 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, 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 OR STRANGULATION AS
DEFINED IN SECTIONS 121.12 AND 121.13 of the penal law, and the  commis-
sion  of one of the foregoing crimes resulted in serious physical injury
to the child or another child of the parent;
  S 10. 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, 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 OR STRANGULATION AS
DEFINED IN SECTIONS 121.12 AND 121.13 of the penal law, and the  commis-
sion  of one of the foregoing crimes resulted in serious physical injury
to the child or another child of the parent;
  S 11. 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  PURSUANT  TO SECTIONS 121.12 AND 121.13; robbery pursuant
to article [160] ONE HUNDRED SIXTY; homicide pursuant to sections 125.25

A. 4034                             6

and 125.27; manslaughter pursuant to sections 125.15 and 125.20; kidnap-
ping 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
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 12. 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,  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, STRANGULATION AS DEFINED IN SECTIONS
121.12 AND 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 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 corpo-
ration 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;
  S 13. 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);
subdivisions  one  and  two  of  section  120.10  (assault  in the first
degree); 121.13 (STRANGULATION IN THE FIRST DEGREE); 121.12  (STRANGULA-
TION  IN  THE SECOND 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,

A. 4034                             7

or such conduct as a sexually motivated felony, where authorized  pursu-
ant to section 130.91 of the penal law.
  S  14.  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); subdivisions one and two of section 120.10
(assault in the  first  degree);  121.13  (STRANGULATION  IN  THE  FIRST
DEGREE);   121.12   (STRANGULATION   IN   THE   SECOND  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 15. 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-
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, assault  in  the  first  degree  as  defined  in
section  120.10  of  this  chapter, STRANGULATION AS DEFINED IN SECTIONS
121.12 AND 121.13 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 16. 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

A. 4034                             8

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;
assault in the first degree as defined in section 120.10,  STRANGULATION
AS  DEFINED IN IN SECTIONS 121.12 AND 121.13 OF THIS CHAPTER, 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 17. 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, 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 OR  STRANGULATION  AS
DEFINED  IN SECTIONS 121.12 AND 121.13 of the penal law, and the commis-
sion of one of the foregoing crimes resulted in serious physical  injury
to the child or another child of the parent;
  S 18. 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, 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 OR  STRANGULATION  AS
DEFINED  IN  SECTIONS 121.12 AND 121.13 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
  S 19. This act shall take effect on the ninetieth day after  it  shall
have become a law.

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Assembly Bill A4034

Sponsored By

Archive: Last Bill Status - In Assembly Committee

co-Sponsors

multi-Sponsors

2011-A4034 (ACTIVE) - Details

2011-A4034 (ACTIVE) - Summary

2011-A4034 (ACTIVE) - Bill Text download pdf

Comments

Assembly Bill A4034

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Sponsored By

GABRYSZAK

Archive: Last Bill Status - In Assembly Committee

co-Sponsors

Aileen Gunther

Ellen C. Jaffee

Amy Paulin

Linda Rosenthal

multi-Sponsors

William A. Barclay

James F. Brennan

Daniel Burling

Clifford Crouch

2011-A4034 (ACTIVE) - Details

2011-A4034 (ACTIVE) - Summary

2011-A4034 (ACTIVE) - Bill Text download pdf

Comments