LBD04973-02-3
S. 1721--A 2
DEFINED IN SUBDIVISION TWO OF SECTION 230.30; PROMOTING PROSTITUTION IN
THE FIRST DEGREE AS DEFINED IN SECTION 230.32; DISSEMINATING INDECENT
MATERIAL TO MINORS IN THE SECOND DEGREE AS DEFINED IN SECTION 235.21;
DISSEMINATING INDECENT MATERIAL TO MINORS IN THE FIRST DEGREE AS DEFINED
IN SECTION 235.22; ABANDONMENT OF A CHILD AS DEFINED IN SECTION 260.00;
NON-SUPPORT OF A CHILD IN THE SECOND DEGREE AS DEFINED IN SECTION
260.05; NON-SUPPORT OF A CHILD IN THE FIRST DEGREE AS DEFINED IN SECTION
260.06; AGGRAVATED ENDANGERING THE WELFARE OF A CHILD AS DEFINED IN
SECTION 260.09; ENDANGERING THE WELFARE OF A CHILD AS DEFINED IN SECTION
260.10; UNLAWFULLY DEALING WITH A CHILD IN THE FIRST DEGREE AS DEFINED
IN SECTION 260.20; UNLAWFULLY DEALING WITH A CHILD IN THE SECOND DEGREE
AS DEFINED IN SECTION 260.21; OR AN OFFENSE DEFINED IN ARTICLE TWO
HUNDRED SIXTY-THREE OF THIS CHAPTER; OR
(B) AN OFFENSE DEFINED IN ARTICLE ONE HUNDRED TWENTY, ONE HUNDRED
TWENTY-FIVE, ONE HUNDRED THIRTY OR ONE HUNDRED THIRTY-FIVE OF THIS CHAP-
TER PROVIDED THE VICTIM OF SUCH OFFENSE IS LESS THAN FOURTEEN YEARS OF
AGE; OR
(C) AN ATTEMPT TO COMMIT AN OFFENSE LISTED IN PARAGRAPH (A) OR (B) OF
THIS SUBDIVISION; OR
(D) AN OFFENSE IN ANY OTHER JURISDICTION WHICH INCLUDES ALL OF THE
ESSENTIAL ELEMENTS OF ANY SUCH CRIME LISTED IN PARAGRAPH (A), (B) OR (C)
OF THIS SUBDIVISION.
S 3. Section 60.06 of the penal law, as amended by chapter 482 of the
laws of 2009, is amended to read as follows:
S 60.06 Authorized disposition; murder in the first degree offenders;
aggravated murder offenders; AGGRAVATED MURDER OF A CHILD
OFFENDERS; certain murder in the second degree offenders;
certain terrorism offenders; criminal possession of a chemical
weapon or biological weapon offenders; criminal use of a chem-
ical weapon or biological weapon offenders.
When a defendant is convicted of murder in the first degree as defined
in section 125.27 of this chapter, the court shall, in accordance with
the provisions of section 400.27 of the criminal procedure law, sentence
the defendant to death, to life imprisonment without parole in accord-
ance with subdivision five of section 70.00 of this title, or to a term
of imprisonment for a class A-I felony other than a sentence of life
imprisonment without parole, in accordance with subdivisions one through
three of section 70.00 of this title. When a person is convicted [of
murder in the second degree as defined in subdivision five of section
125.25 of this chapter or] of the crime of aggravated murder as defined
in subdivision one of section 125.26 of this chapter OR OF THE CRIME OF
AGGRAVATED MURDER OF A CHILD AS DEFINED IN SECTION 125.28 OF THIS CHAP-
TER, the court shall sentence the defendant to life imprisonment without
parole in accordance with subdivision five of section 70.00 of this
title. When a defendant is convicted of the crime of terrorism as
defined in section 490.25 of this chapter, and the specified offense the
defendant committed is a class A-I felony offense, or when a defendant
is convicted of the crime of criminal possession of a chemical weapon or
biological weapon in the first degree as defined in section 490.45 of
this chapter, or when a defendant is convicted of the crime of criminal
use of a chemical weapon or biological weapon in the first degree as
defined in section 490.55 of this chapter, the court shall sentence the
defendant to life imprisonment without parole in accordance with subdi-
vision five of section 70.00 of this title; provided, however, that
nothing in this section shall preclude or prevent a sentence of death
when the defendant is also convicted of murder in the first degree as
S. 1721--A 3
defined in section 125.27 of this chapter. When a defendant is convicted
of aggravated murder as defined in subdivision two of section 125.26 of
this chapter, the court shall sentence the defendant to life imprison-
ment without parole or to a term of imprisonment for a class A-I felony
other than a sentence of life imprisonment without parole, in accordance
with subdivisions one through three of section 70.00 of this title.
S 4. Subparagraph (i) of paragraph (a) of subdivision 3 of section
70.00 of the penal law, as amended by chapter 107 of the laws of 2006,
is amended to read as follows:
(i) For a class A-I felony, such minimum period shall not be less than
fifteen years nor more than twenty-five years; provided, however, that
(A) where a sentence, other than a sentence of death or life imprison-
ment without parole, is imposed upon a defendant convicted of murder in
the first degree as defined in section 125.27 of this chapter such mini-
mum period shall be not less than twenty years nor more than twenty-five
years, and, (B) where a sentence is imposed upon a defendant [convicted
of murder in the second degree as defined in subdivision five of section
125.25 of this chapter or] convicted of aggravated murder as defined in
section 125.26 of this chapter OR CONVICTED OF AGGRAVATED MURDER OF A
CHILD AS DEFINED IN SECTION 125.28 OF THIS CHAPTER, the sentence shall
be life imprisonment without parole, and, (C) where a sentence is
imposed upon a defendant convicted of attempted murder in the first
degree as defined in article one hundred ten of this chapter and subpar-
agraph (i), (ii) or (iii) of paragraph (a) of subdivision one and para-
graph (b) of subdivision one of section 125.27 of this chapter or
attempted aggravated murder as defined in article one hundred ten of
this chapter and section 125.26 of this chapter OR ATTEMPTED AGGRAVATED
MURDER OF A CHILD AS DEFINED IN ARTICLE ONE HUNDRED TEN OF THIS CHAPTER
AND SECTION 125.28 OF THIS CHAPTER such minimum period shall be not less
than twenty years nor more than forty years.
S 5. Subdivision 5 of section 70.00 of the penal law, as amended by
chapter 482 of the laws of 2009, is amended to read as follows:
5. Life imprisonment without parole. Notwithstanding any other
provision of law, a defendant sentenced to life imprisonment without
parole shall not be or become eligible for parole or conditional
release. For purposes of commitment and custody, other than parole and
conditional release, such sentence shall be deemed to be an indetermi-
nate sentence. A defendant may be sentenced to life imprisonment with-
out parole upon conviction for the crime of murder in the first degree
as defined in section 125.27 of this chapter and in accordance with the
procedures provided by law for imposing a sentence for such crime. A
defendant must be sentenced to life imprisonment without parole upon
conviction for the crime of terrorism as defined in section 490.25 of
this chapter, where the specified offense the defendant committed is a
class A-I felony; the crime of criminal possession of a chemical weapon
or biological weapon in the first degree as defined in section 490.45 of
this chapter; or the crime of criminal use of a chemical weapon or
biological weapon in the first degree as defined in section 490.55 of
this chapter; provided, however, that nothing in this subdivision shall
preclude or prevent a sentence of death when the defendant is also
convicted of the crime of murder in the first degree as defined in
section 125.27 of this chapter. A defendant must be sentenced to life
imprisonment without parole upon conviction [for the crime of murder in
the second degree as defined in subdivision five of section 125.25 of
this chapter or] for the crime of aggravated murder as defined in subdi-
vision one of section 125.26 of this chapter OR FOR THE CRIME OF AGGRA-
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VATED MURDER OF A CHILD AS DEFINED IN SECTION 125.28 OF THIS CHAPTER. A
defendant may be sentenced to life imprisonment without parole upon
conviction for the crime of aggravated murder as defined in subdivision
two of section 125.26 of this chapter.
S 6. Paragraphs (a), (b) and (c) of subdivision 1 of section 70.02 of
the penal law, paragraph (a) as amended by chapter 320 of the laws of
2006 and paragraphs (b) and (c) as amended by chapter 1 of the laws of
2013, are amended to read as follows:
(a) Class B violent felony offenses: an attempt to commit the class
A-I felonies of murder in the second degree as defined in section
125.25, kidnapping in the first degree as defined in section 135.25, and
arson in the first degree as defined in section 150.20; manslaughter in
the first degree as defined in section 125.20, aggravated manslaughter
in the first degree as defined in section 125.22, AGGRAVATED MANSLAUGHT-
ER OF A CHILD AS DEFINED IN SECTION 125.23, rape in the first degree as
defined in section 130.35, 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, 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.
(b) Class C violent felony offenses: an attempt to commit any of the
class B felonies set forth in paragraph (a) of this subdivision; aggra-
vated criminally negligent homicide as defined in section 125.11, aggra-
vated manslaughter in the second degree as defined in section 125.21,
aggravated sexual abuse in the second degree as defined in section
130.67, assault on a peace officer, police officer, fireman or emergency
medical services professional as defined in section 120.08, assault on a
judge as defined in section 120.09, gang assault in the second degree as
defined in section 120.06, AGGRAVATED ABUSE OF A CHILD IN THE FIRST
DEGREE AS DEFINED IN SECTION 120.19-A, strangulation in the first degree
as defined in section 121.13, burglary in the second degree as defined
in section 140.25, robbery in the second degree as defined in section
160.10, criminal possession of a weapon in the second degree as defined
in section 265.03, criminal use of a firearm in the second degree as
defined in section 265.08, criminal sale of a firearm in the second
degree as defined in section 265.12, criminal sale of a firearm with the
aid of a minor as defined in section 265.14, aggravated criminal
possession of a weapon as defined in section 265.19, soliciting or
providing support for an act of terrorism in the first degree as defined
in section 490.15, hindering prosecution of terrorism in the second
degree as defined in section 490.30, and criminal possession of a chemi-
S. 1721--A 5
cal weapon or biological weapon in the third degree as defined in
section 490.37.
(c) Class D violent felony offenses: an attempt to commit any of the
class C felonies set forth in paragraph (b); reckless assault of a child
as defined in section 120.02, assault in the second degree as defined in
section 120.05, AGGRAVATED ABUSE OF A CHILD IN THE SECOND DEGREE AS
DEFINED IN SECTION 120.19, menacing a police officer or peace officer as
defined in section 120.18, stalking in the first degree, as defined in
subdivision one of section 120.60, strangulation in the second degree as
defined in section 121.12, rape in the second degree as defined in
section 130.30, criminal sexual act in the second degree as defined in
section 130.45, sexual abuse in the first degree as defined in section
130.65, course of sexual conduct against a child in the second degree as
defined in section 130.80, aggravated sexual abuse in the third degree
as defined in section 130.66, facilitating a sex offense with a
controlled substance as defined in section 130.90, criminal possession
of a weapon in the third degree as defined in subdivision five, six,
seven, eight, nine or ten of section 265.02, criminal sale of a firearm
in the third degree as defined in section 265.11, intimidating a victim
or witness in the second degree as defined in section 215.16, soliciting
or providing support for an act of terrorism in the second degree as
defined in section 490.10, and making a terroristic threat as defined in
section 490.20, falsely reporting an incident in the first degree as
defined in section 240.60, placing a false bomb or hazardous substance
in the first degree as defined in section 240.62, placing a false bomb
or hazardous substance in a sports stadium or arena, mass transportation
facility or enclosed shopping mall as defined in section 240.63, and
aggravated unpermitted use of indoor pyrotechnics in the first degree as
defined in section 405.18.
S 7. Subdivision 1 of section 110.05 of the penal law, as amended by
chapter 93 of the laws of 2006, is amended to read as follows:
1. Class A-I felony when the crime attempted is the A-I felony of
murder in the first degree, aggravated murder as defined in subdivision
one of section 125.26 of this chapter, AGGRAVATED MURDER OF A CHILD,
criminal possession of a controlled substance in the first degree, crim-
inal sale of a controlled substance in the first degree, criminal
possession of a chemical or biological weapon in the first degree or
criminal use of a chemical or biological weapon in the first degree;
S 8. Section 120.01 of the penal law, as added by chapter 600 of the
laws of 1998, is amended to read as follows:
S 120.01 [Reckless assault] AGGRAVATED ABUSE of a child [by a child day
care provider] IN THE THIRD DEGREE.
A person is guilty of [reckless assault] AGGRAVATED ABUSE of a child
IN THE THIRD DEGREE when, being [a child day care provider or an employ-
ee thereof] EIGHTEEN YEARS OLD OR MORE, AND BEING A PARENT, GUARDIAN OR
OTHER PERSON LEGALLY CHARGED WITH THE CUSTODY OF, OR LEGALLY RESPONSIBLE
FOR THE CARE OF, A CHILD LESS THAN FOURTEEN YEARS OLD, OR BEING A PERSON
IN A POSITION OF TRUST OF A CHILD LESS THAN FOURTEEN YEARS OLD, he or
she recklessly causes [serious] physical injury to [a] SUCH child [under
the care of such provider or employee who is less than eleven years of
age].
[Reckless assault] AGGRAVATED ABUSE of a child [by a child day care
provider] IN THE THIRD DEGREE is a class E felony.
S 9. The penal law is amended by adding two new sections 120.19 and
120.19-a to read as follows:
S 120.19 AGGRAVATED ABUSE OF A CHILD IN THE SECOND DEGREE.
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A PERSON IS GUILTY OF AGGRAVATED ABUSE OF A CHILD IN THE SECOND DEGREE
WHEN BEING EIGHTEEN YEARS OLD OR MORE, AND BEING A PARENT, GUARDIAN OR
OTHER PERSON LEGALLY CHARGED WITH THE CUSTODY OF, OR LEGALLY RESPONSIBLE
FOR THE CARE OF, A CHILD LESS THAN FOURTEEN YEARS OLD, OR BEING A PERSON
IN A POSITION OF TRUST OF A CHILD LESS THAN FOURTEEN YEARS OLD, HE OR
SHE:
1. WITH INTENT TO CAUSE PHYSICAL INJURY TO ANOTHER PERSON, CAUSES
PHYSICAL INJURY TO SUCH CHILD; OR
2. RECKLESSLY ENGAGES IN CONDUCT WHICH CREATES A GRAVE RISK OF SERIOUS
PHYSICAL INJURY OR DEATH TO SUCH CHILD AND THEREBY CAUSES SERIOUS PHYS-
ICAL INJURY TO SUCH CHILD; OR
3. COMMITS THE CRIME OF AGGRAVATED ABUSE OF A CHILD IN THE THIRD
DEGREE AS DEFINED IN SECTION 120.01 OF THIS ARTICLE AND PREVIOUSLY HAS
BEEN CONVICTED OF A CHILD ABUSE OFFENSE.
AGGRAVATED ABUSE OF A CHILD IN THE SECOND DEGREE IS A CLASS D FELONY.
S 120.19-A AGGRAVATED ABUSE OF A CHILD IN THE FIRST DEGREE.
A PERSON IS GUILTY OF AGGRAVATED ABUSE OF A CHILD IN THE FIRST DEGREE
WHEN BEING EIGHTEEN YEARS OLD OR MORE, AND BEING A PARENT, GUARDIAN OR
OTHER PERSON LEGALLY CHARGED WITH THE CUSTODY OF, OR LEGALLY RESPONSIBLE
FOR THE CARE OF, A CHILD LESS THAN FOURTEEN YEARS OLD, OR BEING A PERSON
IN A POSITION OF TRUST OF A CHILD LESS THAN FOURTEEN YEARS OLD, HE OR
SHE:
1. WITH INTENT TO CAUSE SERIOUS PHYSICAL INJURY TO ANOTHER PERSON,
CAUSES SERIOUS PHYSICAL INJURY TO SUCH CHILD; OR
2. RECKLESSLY ENGAGES IN VIOLENT SHAKING OF SUCH CHILD AND THEREBY
CAUSES SERIOUS PHYSICAL INJURY TO SUCH CHILD AND SUCH CHILD IS LESS THAN
FIVE YEARS OLD; OR
3. RECKLESSLY ENGAGES IN CONDUCT WHICH CREATES A GRAVE RISK OF SERIOUS
PHYSICAL INJURY OR DEATH TO SUCH CHILD AND THEREBY CAUSES SERIOUS PHYS-
ICAL INJURY TO SUCH CHILD, AND:
(A) HAS PREVIOUSLY BEEN CONVICTED OF A CHILD ABUSE OFFENSE; OR
(B) AS PART OF THE SAME TRANSACTION, RECKLESSLY ENGAGES IN CONDUCT
WHICH CREATES A GRAVE RISK OF SERIOUS PHYSICAL INJURY OR DEATH TO ANOTH-
ER CHILD LESS THAN FOURTEEN YEARS OLD AND THEREBY CAUSES SERIOUS PHYS-
ICAL INJURY TO SUCH OTHER CHILD; OR
(C) CAUSES SUCH INJURY BY MEANS OF A DEADLY WEAPON OR DANGEROUS
INSTRUMENT; OR
(D) ON AT LEAST ONE OTHER OCCASION, RECKLESSLY ENGAGED IN CONDUCT
WHICH CREATED A GRAVE RISK OF SERIOUS PHYSICAL INJURY OR DEATH TO A
CHILD LESS THAN FOURTEEN YEARS OLD AND THEREBY CAUSED SERIOUS PHYSICAL
INJURY TO SUCH CHILD.
AGGRAVATED ABUSE OF A CHILD IN THE FIRST DEGREE IS A CLASS C FELONY.
S 10. The penal law is amended by adding two new sections 125.23 and
125.28 to read as follows:
S 125.23 AGGRAVATED MANSLAUGHTER OF A CHILD.
A PERSON IS GUILTY OF AGGRAVATED MANSLAUGHTER OF A CHILD WHEN, BEING
EIGHTEEN YEARS OLD OR MORE, AND BEING A PARENT, GUARDIAN OR OTHER PERSON
LEGALLY CHARGED WITH THE CUSTODY OF, OR LEGALLY RESPONSIBLE FOR THE CARE
OF, A CHILD LESS THAN FOURTEEN YEARS OLD, OR BEING A PERSON IN A POSI-
TION OF TRUST OF A CHILD LESS THAN FOURTEEN YEARS OLD, HE OR SHE RECK-
LESSLY ENGAGES IN CONDUCT WHICH CREATES A GRAVE RISK OF SERIOUS PHYSICAL
INJURY OR DEATH TO SUCH CHILD AND THEREBY CAUSES THE DEATH OF SUCH
CHILD.
AGGRAVATED MANSLAUGHTER OF A CHILD IS A CLASS B FELONY.
S 125.28 AGGRAVATED MURDER OF A CHILD.
A PERSON IS GUILTY OF AGGRAVATED MURDER OF A CHILD WHEN:
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1. WITH INTENT TO CAUSE THE DEATH OF A CHILD LESS THAN FOURTEEN YEARS
OLD, AND BEING EIGHTEEN YEARS OLD OR MORE, AND BEING THE PARENT, GUARDI-
AN OR OTHER PERSON LEGALLY CHARGED WITH THE CUSTODY OF, OR LEGALLY
RESPONSIBLE FOR THE CARE OF, SUCH CHILD, OR BEING A PERSON IN A POSITION
OF TRUST OF A CHILD LESS THAN FOURTEEN YEARS OLD, HE OR SHE CAUSES THE
DEATH OF SUCH CHILD; OR
2. UNDER CIRCUMSTANCES EVINCING A DEPRAVED INDIFFERENCE TO HUMAN LIFE,
AND BEING EIGHTEEN YEARS OLD OR MORE, AND BEING THE PARENT, GUARDIAN OR
OTHER PERSON LEGALLY CHARGED WITH THE CUSTODY OF, OR LEGALLY RESPONSIBLE
FOR THE CARE OF, A CHILD LESS THAN FOURTEEN YEARS OLD, OR BEING A PERSON
IN A POSITION OF TRUST OF A CHILD LESS THAN FOURTEEN YEARS OLD, HE OR
SHE RECKLESSLY ENGAGES IN CONDUCT WHICH CREATES A GRAVE RISK OF SERIOUS
PHYSICAL INJURY OR DEATH TO SUCH CHILD AND THEREBY CAUSES THE DEATH OF
SUCH CHILD; OR
3. BEING EIGHTEEN YEARS OLD OR MORE, WHILE IN THE COURSE OF COMMITTING
RAPE IN THE FIRST, SECOND OR THIRD DEGREE, CRIMINAL SEXUAL ACT IN THE
FIRST, SECOND OR THIRD DEGREE, AGGRAVATED SEXUAL ABUSE IN THE FIRST,
SECOND, THIRD OR FOURTH DEGREE, OR INCEST AGAINST A CHILD LESS THAN
FOURTEEN YEARS OLD, HE OR SHE INTENTIONALLY CAUSES THE DEATH OF SUCH
CHILD.
AGGRAVATED MURDER OF A CHILD IS A CLASS A-I FELONY.
S 11. Subdivision 4 of section 125.25 of the penal law, as amended by
chapter 459 of the laws of 2004, is amended to read as follows:
4. Under circumstances evincing a depraved indifference to human life,
and being eighteen years old or more the defendant recklessly engages in
conduct which creates a grave risk of serious physical injury or death
to another person less than eleven years old and thereby causes the
death of such person[; or].
S 12. Subdivision 5 of section 125.25 of the penal law is REPEALED.
S 13. Subparagraph (ix) of paragraph (a) of subdivision 1 of section
125.27 of the penal law, as added by chapter 1 of the laws of 1995, is
amended to read as follows:
(ix) prior to committing the killing, the defendant had been convicted
of murder as defined in this section or section 125.25 of this article
OR CONVICTED OF AGGRAVATED MURDER OF A CHILD AS DEFINED IN SECTION
125.28 OF THIS ARTICLE, or had been convicted in another jurisdiction of
an offense which, if committed in this state, would constitute a
violation of [either of such] THE AFOREMENTIONED sections; or
S 14. The penal law is amended by adding a new section 190.17 to read
as follows:
S 190.17 OBSTRUCTING THE LOCATION OF A MISSING CHILD.
A PERSON IS GUILTY OF OBSTRUCTING THE LOCATION OF A MISSING CHILD
WHEN HE OR SHE KNOWINGLY PROVIDES FALSE INFORMATION TO LAW ENFORCEMENT
OFFICIALS AS TO THE WHEREABOUTS OF A CHILD LESS THAN FOURTEEN YEARS OLD
WHO HAS BEEN REPORTED MISSING, OR WHOSE WHEREABOUTS HAS BEEN UNKNOWN FOR
MORE THAN TWENTY-FOUR HOURS.
OBSTRUCTING THE LOCATION OF A MISSING CHILD IS A CLASS E FELONY.
S 15. The penal law is amended by adding a new section 190.18 to read
as follows:
S 190.18 CONCEALMENT OF A DEATH.
A PERSON IS GUILTY OF CONCEALMENT OF A DEATH WHEN HE OR SHE KNOWINGLY
MOVES OR OTHERWISE CONCEALS A HUMAN CORPSE SO THAT DISCOVERY OF THE
DEATH OF SUCH PERSON WILL BE HINDERED.
CONCEALMENT OF A DEATH IS A CLASS D FELONY.
S 16. The penal law is amended by adding a new section 260.09 to read
as follows:
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S 260.09 AGGRAVATED ENDANGERING THE WELFARE OF A CHILD.
A PERSON IS GUILTY OF AGGRAVATED ENDANGERING THE WELFARE OF A CHILD
WHEN, BEING EIGHTEEN YEARS OLD OR MORE, AND BEING A PARENT, GUARDIAN OR
OTHER PERSON LEGALLY CHARGED WITH THE CUSTODY OF, OR LEGALLY RESPONSIBLE
FOR THE CARE OF, A CHILD LESS THAN FOURTEEN YEARS OLD, OR BEING A PERSON
IN A POSITION OF TRUST OF A CHILD LESS THEN FOURTEEN YEARS OLD, HE OR
SHE KNOWINGLY ACTS IN A MANNER LIKELY TO BE INJURIOUS TO THE PHYSICAL,
MENTAL OR MORAL WELFARE OF SUCH CHILD, AND:
1. PREVIOUSLY HAS BEEN CONVICTED OF A CHILD ABUSE OFFENSE; OR
2. SUCH CONDUCT CONSISTS OF TWO OR MORE ACTS OF CRUELTY AGAINST SUCH
CHILD. FOR PURPOSES OF THIS SUBDIVISION, "CRUELTY" MEANS CONDUCT WHICH
(A) CAUSES EXTREME PHYSICAL PAIN, OR (B) WHICH IS CARRIED OUT IN AN
ESPECIALLY VICIOUS OR SADISTIC MANNER; OR
3. SUCH CONDUCT CONSISTS OF FAILING TO REPORT TO LAW ENFORCEMENT WHEN
THE WHEREABOUTS OF SUCH CHILD HAS BEEN UNKNOWN BY SUCH PERSON FOR MORE
THAN TWENTY-FOUR HOURS. FOR THE PURPOSES OF THIS SECTION, A PARENT,
GUARDIAN OR OTHER PERSON LEGALLY CHARGED WITH THE CUSTODY OF, OR LEGALLY
RESPONSIBLE FOR THE CARE OF A CHILD UNDER THE AGE OF ELEVEN IS DEEMED TO
BE ACTING IN A MANNER LIKELY TO BE INJURIOUS TO THE PHYSICAL, MENTAL OR
MORAL WELFARE OF SUCH CHILD IF SUCH CHILD'S WHEREABOUTS IS UNKNOWN BY
SUCH PERSON FOR MORE THAN TWENTY-FOUR HOURS.
AGGRAVATED ENDANGERING THE WELFARE OF A CHILD IS A CLASS E FELONY.
S 17. Paragraph (a) of subdivision 3 of section 30.30 of the criminal
procedure law, as amended by chapter 93 of the laws of 2006, is amended
to read as follows:
(a) Subdivisions one and two do not apply to a criminal action wherein
the defendant is accused of an offense defined in sections 125.10,
125.15, 125.20, 125.25, 125.26 [and], 125.27 AND 125.28 of the penal
law.
S 18. Subdivision 1 of section 180.85 of the criminal procedure law,
as amended by chapter 93 of the laws of 2006, is amended to read as
follows:
1. After arraignment of a defendant upon a felony complaint, other
than a felony complaint charging an offense defined in section 125.10,
125.15, 125.20, 125.23, 125.25, 125.26 [or], 125.27 OR 125.28 of the
penal law, either party or the local criminal court or superior court
before which the action is pending, on its own motion, may move in
accordance with the provisions of this section for an order terminating
prosecution of the charges contained in such felony complaint on consent
of the parties.
S 19. Paragraph (h) of subdivision 3 of section 190.25 of the criminal
procedure law, as amended by chapter 405 of the laws of 2010, is amended
to read as follows:
(h) A social worker, rape crisis counselor, psychologist or other
professional providing emotional support to a child witness twelve years
old or younger who is called to give evidence in a grand jury proceeding
concerning a crime defined in article one hundred twenty-one, article
one hundred thirty, article two hundred sixty, section 120.01, 120.10,
120.19, 120.19-A, 125.10, 125.15, 125.20, 125.23, 125.25, 125.26,
125.27, 125.28, 255.25, 255.26 [or], 255.27 OR 260.09 of the penal law
provided that the district attorney consents. Such support person shall
not provide the witness with an answer to any question or otherwise
participate in such proceeding and shall first take an oath before the
grand jury that he or she will keep secret all matters before such grand
jury within his or her knowledge.
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S 20. Paragraph (b) of subdivision 8 of section 700.05 of the criminal
procedure law, as amended by chapter 405 of the laws of 2010, is amended
to read as follows:
(b) Any of the following felonies: assault in the second degree as
defined in section 120.05 of the penal law, AGGRAVATED ABUSE OF A CHILD
IN THE THIRD DEGREE AS DEFINED IN SECTION 120.01 OF THE PENAL LAW,
AGGRAVATED ABUSE OF A CHILD IN THE SECOND DEGREE AS DEFINED IN SECTION
120.19 OF THE PENAL LAW, AGGRAVATED ABUSE OF A CHILD IN THE FIRST DEGREE
AS DEFINED IN SECTION 120.19-A OF THE PENAL LAW, assault in the first
degree as defined in section 120.10 of the penal law, reckless endanger-
ment in the first degree as defined in section 120.25 of the penal law,
promoting a suicide attempt as defined in section 120.30 of the penal
law, strangulation in the second degree as defined in section 121.12 of
the penal law, strangulation in the first degree as defined in section
121.13 of the penal law, criminally negligent homicide as defined in
section 125.10 of the penal law, manslaughter in the second degree as
defined in section 125.15 of the penal law, manslaughter in the first
degree as defined in section 125.20 of the penal law, AGGRAVATED
MANSLAUGHTER OF A CHILD AS DEFINED IN SECTION 125.23 OF THE PENAL LAW,
murder in the second degree as defined in section 125.25 of the penal
law, murder in the first degree as defined in section 125.27 of the
penal law, AGGRAVATED MURDER OF A CHILD AS DEFINED IN SECTION 125.28 OF
THE PENAL LAW, abortion in the second degree as defined in section
125.40 of the penal law, abortion in the first degree as defined in
section 125.45 of the penal law, rape in the third degree as defined in
section 130.25 of the penal law, rape in the second degree as defined in
section 130.30 of the penal law, rape in the first degree as defined in
section 130.35 of the penal law, criminal sexual act in the third degree
as defined in section 130.40 of the penal law, criminal sexual act in
the second degree as defined in section 130.45 of the penal law, crimi-
nal sexual act in the first degree as defined in section 130.50 of the
penal law, sexual abuse in the first degree as defined in section 130.65
of the penal law, unlawful imprisonment in the first degree as defined
in section 135.10 of the penal law, kidnapping in the second degree as
defined in section 135.20 of the penal law, kidnapping in the first
degree as defined in section 135.25 of the penal law, labor trafficking
as defined in section 135.35 of the penal law, custodial interference in
the first degree as defined in section 135.50 of the penal law, coercion
in the first degree as defined in section 135.65 of the penal law, crim-
inal trespass in the first degree as defined in section 140.17 of the
penal law, burglary in the third degree as defined in section 140.20 of
the penal law, burglary in the second degree as defined in section
140.25 of the penal law, burglary in the first degree as defined in
section 140.30 of the penal law, criminal mischief in the third degree
as defined in section 145.05 of the penal law, criminal mischief in the
second degree as defined in section 145.10 of the penal law, criminal
mischief in the first degree as defined in section 145.12 of the penal
law, criminal tampering in the first degree as defined in section 145.20
of the penal law, arson in the fourth degree as defined in section
150.05 of the penal law, arson in the third degree as defined in section
150.10 of the penal law, arson in the second degree as defined in
section 150.15 of the penal law, arson in the first degree as defined in
section 150.20 of the penal law, grand larceny in the fourth degree as
defined in section 155.30 of the penal law, grand larceny in the third
degree as defined in section 155.35 of the penal law, grand larceny in
the second degree as defined in section 155.40 of the penal law, grand
S. 1721--A 10
larceny in the first degree as defined in section 155.42 of the penal
law, health care fraud in the fourth degree as defined in section 177.10
of the penal law, health care fraud in the third degree as defined in
section 177.15 of the penal law, health care fraud in the second degree
as defined in section 177.20 of the penal law, health care fraud in the
first degree as defined in section 177.25 of the penal law, robbery in
the third degree as defined in section 160.05 of the penal law, robbery
in the second degree as defined in section 160.10 of the penal law,
robbery in the first degree as defined in section 160.15 of the penal
law, unlawful use of secret scientific material as defined in section
165.07 of the penal law, criminal possession of stolen property in the
fourth degree as defined in section 165.45 of the penal law, criminal
possession of stolen property in the third degree as defined in section
165.50 of the penal law, criminal possession of stolen property in the
second degree as defined by section 165.52 of the penal law, criminal
possession of stolen property in the first degree as defined by section
165.54 of the penal law, trademark counterfeiting in the second degree
as defined in section 165.72 of the penal law, trademark counterfeiting
in the first degree as defined in section 165.73 of the penal law,
forgery in the second degree as defined in section 170.10 of the penal
law, forgery in the first degree as defined in section 170.15 of the
penal law, criminal possession of a forged instrument in the second
degree as defined in section 170.25 of the penal law, criminal
possession of a forged instrument in the first degree as defined in
section 170.30 of the penal law, criminal possession of forgery devices
as defined in section 170.40 of the penal law, falsifying business
records in the first degree as defined in section 175.10 of the penal
law, tampering with public records in the first degree as defined in
section 175.25 of the penal law, offering a false instrument for filing
in the first degree as defined in section 175.35 of the penal law, issu-
ing a false certificate as defined in section 175.40 of the penal law,
criminal diversion of prescription medications and prescriptions in the
second degree as defined in section 178.20 of the penal law, criminal
diversion of prescription medications and prescriptions in the first
degree as defined in section 178.25 of the penal law, residential mort-
gage fraud in the fourth degree as defined in section 187.10 of the
penal law, residential mortgage fraud in the third degree as defined in
section 187.15 of the penal law, residential mortgage fraud in the
second degree as defined in section 187.20 of the penal law, residential
mortgage fraud in the first degree as defined in section 187.25 of the
penal law, escape in the second degree as defined in section 205.10 of
the penal law, escape in the first degree as defined in section 205.15
of the penal law, absconding from temporary release in the first degree
as defined in section 205.17 of the penal law, promoting prison contra-
band in the first degree as defined in section 205.25 of the penal law,
hindering prosecution in the second degree as defined in section 205.60
of the penal law, hindering prosecution in the first degree as defined
in section 205.65 of the penal law, sex trafficking as defined in
section 230.34 of the penal law, criminal possession of a weapon in the
third degree as defined in subdivisions two, three and five of section
265.02 of the penal law, criminal possession of a weapon in the second
degree as defined in section 265.03 of the penal law, criminal
possession of a weapon in the first degree as defined in section 265.04
of the penal law, manufacture, transport, disposition and defacement of
weapons and dangerous instruments and appliances defined as felonies in
subdivisions one, two, and three of section 265.10 of the penal law,
S. 1721--A 11
sections 265.11, 265.12 and 265.13 of the penal law, or prohibited use
of weapons as defined in subdivision two of section 265.35 of the penal
law, relating to firearms and other dangerous weapons, or failure to
disclose the origin of a recording in the first degree as defined in
section 275.40 of the penal law;
S 21. Paragraph (a) of subdivision 4 of section 509-cc of the vehicle
and traffic law, as amended by chapter 400 of the laws of 2011, is
amended to read as follows:
(a) The offenses referred to in subparagraph (ii) of paragraph (a) of
subdivision one and paragraph (a) of subdivision two of this section
that result in permanent disqualification shall include a conviction
under sections 125.12, 125.13, 125.14, 125.15, 125.20, 125.21, 125.22,
125.25, 125.26, 125.27, 130.30, 130.35, 130.45, 130.50, 130.65, 130.66,
130.67, 130.70, 130.75, 130.80, 130.90, 130.95, 130.96, 135.25, 150.20,
230.30, 230.32, 230.34, 235.22, 263.05, 263.10, 263.11, 263.15, 263.16
of the penal law or an attempt to commit any of the aforesaid offenses
under section 110.00 of the penal law, OR A CHILD ABUSE OFFENSE AS
DEFINED IN SUBDIVISION TWENTY-THREE OF SECTION 10.00 OF THE PENAL LAW,
or any offenses committed under a former section of the penal law which
would constitute violations of the aforesaid sections of the penal law,
or any offenses committed outside this state which would constitute
violations of the aforesaid sections of the penal law.
S 22. Section 4-1.6 of the estates, powers and trusts law, as added by
chapter 481 of the laws of 1994, is amended to read as follows:
S 4-1.6 Disqualification of joint tenant in certain instances
Notwithstanding any other provision of law to the contrary, a joint
tenant convicted of murder in the second degree as defined in section
125.25 of the penal law or murder in the first degree as defined in
section 125.27 of the penal law OR AGGRAVATED MURDER OF A CHILD AS
DEFINED IN SECTION 125.28 OF THE PENAL LAW of another joint tenant shall
not be entitled to the distribution of any monies in a joint bank
account created or contributed to by the deceased joint tenant, except
for those monies contributed by the convicted joint tenant.
Upon the conviction of such joint tenant of first or second degree
murder and upon application by the prosecuting attorney, the court, as
part of its sentence, shall issue an order directing the amount of any
joint bank account to be distributed pursuant to the provisions of this
section from the convicted joint tenant and to the deceased joint
tenant's estate. The court and the prosecuting attorney shall each have
the power to subpoena records of a banking institution to determine the
amount of money in such bank account and by whom deposits were made. The
court shall also have the power to freeze such account upon application
by the prosecuting attorney during the pendency of a trial for first or
second degree murder. If, upon receipt of such court orders described in
this section, the banking institution holding monies in such joint
account complies with the terms of the order, such banking institution
shall be held free from all liability for the distribution of such funds
as were in such joint account. In the absence of actual or constructive
notice of such order, the banking institution holding monies in such
account shall be held harmless for distributing the money according to
its ordinary course of business.
For purposes of this section, the term banking institution shall have
the same meaning as provided for in paragraph (b) of subdivision three
of section nine-f of the banking law.
S. 1721--A 12
S 23. Subparagraph 2 of paragraph (b) of subdivision 3 of section
358-a of the social services law, as added by chapter 7 of the laws of
1999, is amended to read as follows:
(2) the parent of such child has been convicted of (i) AGGRAVATED
MANSLAUGHTER OF A CHILD AS DEFINED IN SECTION 125.23 OR AGGRAVATED
MURDER OF A CHILD AS DEFINED IN SECTION 125.28 OR murder in the first
degree as defined in section 125.27 or murder in the second degree as
defined in section 125.25 of the penal law and the victim was another
child of the parent; or (ii) manslaughter in the first degree as defined
in section 125.20 or manslaughter in the second degree as defined in
section 125.15 of the penal law and the victim was another child of the
parent, provided, however, that the parent must have acted voluntarily
in committing such crime;
S 24. Clause (A) of subparagraph (iii) of paragraph (a) of subdivision
8 of section 384-b of the social services law, as amended by chapter 460
of the laws of 2006, is amended to read as follows:
(A) the parent of such child has been convicted of AGGRAVATED
MANSLAUGHTER OF A CHILD AS DEFINED IN SECTION 125.23, AGGRAVATED MURDER
OF A CHILD AS DEFINED IN SECTION 125.28, murder in the first degree as
defined in section 125.27, murder in the second degree as defined in
section 125.25, manslaughter in the first degree as defined in section
125.20, or manslaughter in the second degree as defined in section
125.15 OF THE PENAL LAW, and the victim of any such crime was another
child of the parent or another child for whose care such parent is or
has been legally responsible as defined in subdivision (g) of section
one thousand twelve of the family court act, or another parent of the
child, unless the convicted parent was a victim of physical, sexual or
psychological abuse by the decedent parent and such abuse was a factor
in causing the homicide; or has been convicted of an attempt to commit
any of the foregoing crimes, and the victim or intended victim was the
child or another child of the parent or another child for whose care
such parent is or has been legally responsible as defined in subdivision
(g) of section one 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 attempted homicide;
S 25. This act shall take effect on the sixtieth day after it shall
have become a law; provided that if section 27 of chapter 1 of the laws
of 2013 is not in effect on such effective date, then the amendments to
subdivision 1 of section 70.02 of the penal law made by section six of
this act shall take effect on the same date and in the same manner as
section 27 of chapter 1 of the laws of 2013, takes effect.
