S T A T E O F N E W Y O R K
________________________________________________________________________
6302
2013-2014 Regular Sessions
I N A S S E M B L Y
March 25, 2013
___________
Introduced by M. of A. GABRYSZAK, GUNTHER, JAFFEE, PAULIN, ROSENTHAL --
Multi-Sponsored by -- M. of A. BARCLAY, BRENNAN, CROUCH, KELLNER,
MARKEY, RAIA, SWEENEY, WEISENBERG -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law, the criminal procedure 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.
LBD09860-01-3
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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. 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
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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
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 5. 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
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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
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 6. 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 7. 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-
A. 6302 5
sion of one of the foregoing crimes resulted in serious physical injury
to the child or another child of the parent;
S 8. 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 9. 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 10. 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
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 11. 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:
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(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 12. 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,
or such conduct as a sexually motivated felony, where authorized pursu-
ant to section 130.91 of the penal law.
S 13. 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
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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 14. 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 15. 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;
assault in the first degree as defined in section 120.10, STRANGULATION
AS DEFINED 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
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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 16. 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 17. 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 18. This act shall take effect on the ninetieth day after it shall
have become a law.