NY State Senate Bill 2017-S714A

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 25, 2018	print number 714a
Jan 25, 2018	amend and recommit to codes
Jan 03, 2018	referred to codes returned to senate died in assembly
Jun 20, 2017	referred to codes delivered to assembly passed senate
Mar 23, 2017	advanced to third reading
Mar 22, 2017	2nd report cal.
Mar 21, 2017	1st report cal.489
Jan 04, 2017	referred to codes

Votes

- Jun 20, 2017 - Floor Vote
  S714A
  
  63
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 20, 2017
      
      aye (63)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
  Mar 21, 2017 - Codes Committee Vote
  S714A
  
  15
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: Mar 21, 2017
      
      aye (15)
      
      Akshar
      
      Boyle
      
      Croci
      
      Gallivan
      
      Golden
      
      Griffo
      
      Kaminsky
      
      Krueger
      
      Lanza
      
      O'Mara
      
      Peralta
      
      Savino
      
      Serrano
      
      Squadron
      
      Tedisco
      
      aye wr (1)
      
      Hoylman-Sigal

Bill Amendments

Original

A (Active)

co-Sponsors

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2017-S714 - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Rpld §125.25 sub 5, amd Pen L, generally; amd §§30.30, 180.85, 190.25 & 700.05, CP L; amd §509-cc, V & T L; amd §4-1.6, EPT L; amd §§358-a & 384-b, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S5862
2013-2014: S1721
2015-2016: S2964

2017-S714 - Summary

Enacts the "protect our children act"; establishes certain offenses relating to murder of and violence against a child and obstructing the location of a missing child.

2017-S714 - Sponsor Memo

                                 BILL NUMBER:  S714

 TITLE OF BILL :  An act to amend the penal law, the criminal
procedure law, the vehicle and traffic law, the estates, powers and
trusts law and the social services law, in relation to establishing
the offenses of aggravated murder of a child, aggravated abuse of a
child in the third degree, aggravated abuse of a child in the second
degree, aggravated abuse of a child in the first degree, aggravated
manslaughter of a child, aggravated endangering the welfare of a
child, aggravated murder of a child, and obstructing the location of a
missing child; and to repeal subdivision 5 of section 125.25 of the
penal law relating to the murder of a person under 14 years of age
while in the course of committing certain sex offenses

 SUMMARY OF PROVISIONS :

Section 1 enacts "The Protect Our Children Act."

Section 2 defines terms "person in a position of trust" and "child
abuse offense."

Sections 3, 4 and 5 amend provisions of current law to require a
sentence of life without parole for persons convicted of the new crime
of aggravated Murder of a child.

Section 6 provides that the new crime of aggravated manslaughter of a

child is a class B violent felony offense; the new crime of aggravated
abuse of a child 1st degree is a class C violent felony offense; and
the new crime of aggravated abuse of a child 2nd degree is a class D
violent felony offense.

Section 7 provides that an attempt to commit the new class A-I felony
of aggravated murder of a child is also a class A-I felony.

Section 8 renames the crime reckless assault of a child by a child day
care provider to aggravated abuse of a child in the third degree.
This E felony, which formerly only applied to day care providers, now
would apply to a parent, guardian or person in a position of trust who
recklessly causes physical injury to a child under age 14.

Section 9 defines a new class D violent felony of aggravated abuse of
a child in the second degree and a new class C violent felony of
aggravated abuse of a child in the first degree.

Section 10 defines a new class B violent felony offense of aggravated
manslaughter of a child, and a new class A-I felony offense of
aggravated murder of a child.

Sections 11, 12 and 13 make changes to existing provisions of law to
conform these existing laws to reflect the changes made by this bill.

Section 14 defines the new class E felony offense of obstructing the
location of a missing child.

Section 15 defines the new class D felony offense of concealment of a
death.

Section 16 defines the new class E felony offense of aggravated
endangering the welfare of a child including failure to notify law
enforcement when the whereabouts of a young child is unknown.

Section 17 provides that speedy trial requirements set forth in the
current law do not apply to a prosecution for aggravated murder of a
child.


Section 18 amends provisions of current law to provide that a
prosecution for aggravated murder of a child or aggravated
manslaughter of a child cannot be terminated upon the consent of the
parties.

Section 19 provides that a child witness called to testify before the
grand jury may be accompanied by a social worker, psychologist, or
other professional to provide emotional support when giving testimony
regarding a charge of aggravated murder of a child, aggravated
manslaughter of a child, aggravated abuse of a child in the first,
second or third degree or aggravated endangering the welfare of a
child.

Section 20 amends provisions of law authorizing eavesdropping warrant
to be issued to allow eavesdropping warranting investigations
involving the crimes of aggravated abuse of a child in the 1st, 2nd or
3rd degrees, aggravated murder of a child, aggravated manslaughter of
a child or aggravated endangering the welfare of a child.

Section 21 of the bill amends the provisions of the vehicle and
traffic law to include persons convicted of a child abuse offense in
provisions of current law disqualifying a person upon conviction of
certain crimes from receiving a license to operate a bus.

Section 22 of the bill amends provisions of current law to prohibit a
person convicted of aggravated murder of a child from inheriting
property from the murdered child victim of his or her estate.

Sections 23 and 24 of the bill provide that a parent convicted of the
new crime of aggravated murder of a child or aggravated manslaughter
of a child shall be disqualified in certain parental tights
proceedings.

Section 25 is the effective date.

 JUSTIFICATION :

Serious forms of child abuse are not adequately covered by existing
laws. What is more, many existing statutes are so overly complicated
as to be practically useless, or carry such disproportionately low
punishments as to permit serious child abuse to have essentially no
meaningful consequences. Current misdemeanors and nonviolent felonies
with probationary sentences do not do enough to save and protect
children from cruel and repeated maltreatment.

This bill fixes these problems in a measured, concise way that
respects the existing statutory scheme. The Act would: Create a felony
child endangering statute to protect children from especially cruel
and sadistic conduct. Under current law, unless physical injury
results, the Infliction on children of sadistic, painful, dangerous
punishments can typically, be charged only as misdemeanors; Create
statutes to protect children from serious reckless abuse. To the
extent existing laws address reckless conduct, they minimize the
seriousness by treating it as low level offenses or often include the
requirement. that the conduct be "depraved" an element that New York
courts have in recent years interpreted in a way that is virtually
impossible to prove; Recognize that caregivers and those in positions
of trust to care for children have a heightened duty of care to
children and violating this special relationship is an aggravating
factor in any child abuse crime. There is a special, dependent
relationship between children and their guardians, and children are
particularly vulnerable to abuse by those who should be their
first-line protectors; Increase penalties for repeat child abusers.
Where a person abuses a child and has previously committed crimes
against children, increased penalties are called for; Create a felony
statute for obstructing the efforts of law enforcement to find a
missing child. Quickly finding a missing child is essential to protect
that vulnerable child from harm, and selfish efforts to hinder those
efforts must be punished; Create a felony statute for concealing a
death. A death of a child is profoundly tragic, and the concealment of
such not only could interfere with the prosecution of the one
responsible for the death by loss of evidence, but could also prolong
the agony of the family as they search for their loved one with
misplaced hope. Include failure to report a missing child in the new
felony child endangering statute to require parents to actively seek
assistance if a young child's whereabouts is unknown.

Each time a high-profile press case emerges involving the tragic
abusive death of yet another child, a spotlight is shined on the
problem for a brief time. We are reminded of the deficiencies in our
laws that prevent us from taking adequate action as soon as abuse of a
child begins. We owe it to our children to strengthen the laws and to
offer them better protection before the abuse turns fatal, and provide
better tools to help law enforcement obtain justice should such a
tragedy occur.

 LEGISLATIVE HISTORY :

S.5862A of 2011-2012; Passed Senate
S.1721B/A.10026 of 2013-14; Passed Senate
S. 2964b/ Passed Senate in 2015 and 2016

 FISCAL IMPLICATIONS :

While some additional prosecutions and some increased sentences may
result, this would be offset by medical, social welfare and other cost
savings from earlier intervention in the lives of abused children.

 EFFECTIVE DATE :
This act shall take effect on the sixtieth day after becoming law.

2017-S714 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    714
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 4, 2017
                                ___________
 
 Introduced by Sens. ORTT, AKSHAR, AVELLA, DeFRANCISCO, GALLIVAN, LARKIN,
   RITCHIE,  SEWARD,  YOUNG  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the penal law, the criminal procedure law,  the  vehicle
   and  traffic  law,  the  estates, powers and trusts law and the social
   services law, in relation to establishing the offenses  of  aggravated
   murder  of  a  child, aggravated abuse of a child in the third degree,
   aggravated abuse of a child in the second degree, aggravated abuse  of
   a  child  in  the  first  degree,  aggravated manslaughter of a child,
   aggravated endangering the welfare of a child, aggravated murder of  a
   child,  and obstructing the location of a missing child; and to repeal
   subdivision 5 of section 125.25 of  the  penal  law  relating  to  the
   murder  of  a  person  under  14  years  of age while in the course of
   committing certain sex offenses
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "protect our children act".
   § 2. Section 10.00 of the penal law  is  amended  by  adding  two  new
 subdivisions 22 and 23 to read as follows:
   22.  "PERSON  IN  A POSITION OF TRUST" MEANS ANY PERSON WHO IS CHARGED
 WITH ANY DUTY OR RESPONSIBILITY  FOR  THE  HEALTH,  EDUCATION,  WELFARE,
 SUPERVISION  OR  CARE OF ANOTHER PERSON, EITHER INDEPENDENTLY OR THROUGH
 ANOTHER PERSON, NO MATTER HOW BRIEF.
   23. "CHILD ABUSE OFFENSE" MEANS:
   (A) PATRONIZING A PROSTITUTE  IN  THE  SECOND  DEGREE  AS  DEFINED  IN
 SECTION  230.05; PATRONIZING A PROSTITUTE IN THE FIRST DEGREE AS DEFINED
 IN SECTION 230.06;  PROMOTING  PROSTITUTION  IN  THE  SECOND  DEGREE  AS
 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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD04975-01-7

 S. 714                              2
 
 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.
   §  3. Section 60.06 of the penal law, as amended by chapter 482 of the
 laws of 2009, is amended to read as follows:
 § 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
 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-

 S. 714                              3
 
 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.
   §  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.
   §  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-
 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

 S. 714                              4
 
 conviction  for the crime of aggravated murder as defined in subdivision
 two of section 125.26 of this chapter.
   §  6. Paragraphs (a), (b) and (c) of subdivision 1 of section 70.02 of
 the penal law, paragraphs (a) and (c) as amended by chapter 368  of  the
 laws  of  2015  and paragraph (b) 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, sex traffick-
 ing as defined in paragraphs (a) and (b) of subdivision five of  section
 230.34,  incest in the first degree as defined in section 255.27, crimi-
 nal 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. 714                              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, labor trafficking as
 defined in paragraphs (a)  and  (b)  of  subdivision  three  of  section
 135.35,  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 terror-
 ism 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.
   § 7. Subdivision 1 of section 110.05 of the penal law, as  amended  by
 section  8  of subpart A of part H of chapter 55 of the laws of 2014, 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;
   §  8.  Section 120.01 of the penal law, as added by chapter 600 of the
 laws of 1998, is amended to read as follows:
 § 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. 714                              6

   § 9. The penal law is amended by adding two new  sections  120.19  and
 120.19-a to read as follows:
 § 120.19 AGGRAVATED ABUSE OF A CHILD IN THE SECOND DEGREE.
   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.
 § 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.
   §  10.  The penal law is amended by adding two new sections 125.23 and
 125.28 to read as follows:
 § 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.

 S. 714                              7
 
   AGGRAVATED MANSLAUGHTER OF A CHILD IS A CLASS B FELONY.
 § 125.28 AGGRAVATED MURDER OF A CHILD.
   A PERSON IS GUILTY OF AGGRAVATED MURDER OF A CHILD WHEN:
   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.
   § 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].
   § 12. Subdivision 5 of section 125.25 of the penal law is REPEALED.
   §  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
   § 14. The penal law is amended by adding a new section 190.17 to  read
 as follows:
 § 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.
   § 15.  The penal law is amended by adding a new section 260.09 to read
 as follows:
 § 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

 S. 714                              8
 
 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.
   §  16. 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.
   §  17.  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.
   § 18. Paragraph (h) of subdivision 3 of section 190.25 of the criminal
 procedure law, as amended by chapter 347 of the laws of 2014, 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, or a social worker or informal caregiver, as provided in
 subdivision two of section two hundred six  of  the  elder  law,  for  a
 vulnerable  elderly  person  as provided in subdivision three of section
 260.31 of the penal law, 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.

 S. 714                              9
 
   § 19. Paragraph (b) of subdivision 8 of section 700.05 of the criminal
 procedure law, as amended by chapter 368 of the laws of 2015, 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, aggravated labor traf-
 ficking as defined in section 135.37 of the penal law, custodial  inter-
 ference  in  the  first degree as defined in section 135.50 of the penal
 law, coercion in the first degree as defined in section  135.65  of  the
 penal  law,  criminal trespass in the first degree as defined in section
 140.17 of the penal law, burglary in the  third  degree  as  defined  in
 section  140.20  of  the  penal  law,  burglary  in the second degree as
 defined in section 140.25 of the penal law, burglary in the first degree
 as defined in section 140.30 of the penal law, criminal mischief in  the
 third  degree  as  defined  in section 145.05 of the penal law, criminal
 mischief in the second degree as defined in section 145.10 of the  penal
 law,  criminal mischief in the first degree as defined in section 145.12
 of the penal law, criminal tampering in the first degree as  defined  in
 section  145.20  of the penal law, arson in the fourth degree as defined
 in section 150.05 of the penal law, arson in the third degree as defined
 in section 150.10 of the penal  law,  arson  in  the  second  degree  as
 defined in section 150.15 of the penal law, arson in the first degree as
 defined  in section 150.20 of the penal law, grand larceny in the fourth
 degree as defined in section 155.30 of the penal law, grand  larceny  in
 the  third  degree  as defined in section 155.35 of the penal law, grand

 S. 714                             10
 
 larceny in the second degree as defined in section 155.40 of  the  penal
 law,  grand  larceny in the first degree as defined in section 155.42 of
 the penal law, health care fraud in the  fourth  degree  as  defined  in
 section  177.10  of the penal law, health care fraud in the third degree
 as defined in section 177.15 of the penal law, health care fraud in  the
 second degree as defined in section 177.20 of the penal law, health care
 fraud in the first degree as defined in section 177.25 of the penal law,
 robbery  in  the  third degree as defined in section 160.05 of the penal
 law, robbery in the second degree as defined in section  160.10  of  the
 penal  law,  robbery in the first degree as defined in section 160.15 of
 the penal law, unlawful use of secret scientific material as defined  in
 section  165.07 of the penal law, criminal possession of stolen property
 in the fourth degree as defined in section  165.45  of  the  penal  law,
 criminal possession of stolen property in the third degree as defined in
 section  165.50 of the penal law, criminal possession of stolen property
 in the second degree as defined by section  165.52  of  the  penal  law,
 criminal possession of stolen property in the first degree as defined by
 section  165.54 of the penal law, trademark counterfeiting in the second
 degree as defined in section 165.72 of the penal law, trademark counter-
 feiting in the first degree as defined in section 165.73  of  the  penal
 law,  forgery  in  the second degree as defined in section 170.10 of the
 penal law, forgery in the first degree as defined in section  170.15  of
 the  penal law, criminal possession of a forged instrument in the second
 degree  as  defined  in  section  170.25  of  the  penal  law,  criminal
 possession  of  a  forged  instrument  in the first degree as defined in
 section 170.30 of the penal law, criminal possession of forgery  devices
 as  defined  in  section  170.40  of  the penal law, falsifying business
 records in the first degree as defined in section 175.10  of  the  penal
 law,  tampering  with  public  records in the first degree as defined in
 section 175.25 of the penal law, offering a false instrument for  filing
 in the first degree as defined in section 175.35 of the penal law, issu-
 ing  a  false certificate as defined in section 175.40 of the penal law,
 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

 S. 714                             11
 
 subdivisions  one,  two,  and  three of section 265.10 of the penal law,
 sections 265.11, 265.12 and 265.13 of the penal law, or  prohibited  use
 of  weapons as defined in subdivision two of section 265.35 of the penal
 law,  relating  to  firearms  and other dangerous weapons, or failure to
 disclose the origin of a recording in the first  degree  as  defined  in
 section 275.40 of the penal law;
   §  20. 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.
   § 21. 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:
 § 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. 714                             12
 
   § 22. 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;
   § 23. 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;
   §  24.  This  act shall take effect on the sixtieth day after it shall
 have become a law.

co-Sponsors

View additional co-sponsors

2017-S714A (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Rpld §125.25 sub 5, amd Pen L, generally; amd §§30.30, 180.85, 190.25 & 700.05, CP L; amd §509-cc, V & T L; amd §4-1.6, EPT L; amd §§358-a & 384-b, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S5862
2013-2014: S1721
2015-2016: S2964

2017-S714A (ACTIVE) - Summary

Enacts the "protect our children act"; establishes certain offenses relating to murder of and violence against a child and obstructing the location of a missing child.

2017-S714A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S714A

SPONSOR: ORTT
 
TITLE OF BILL:  An act to amend the penal law, the criminal procedure
law, the vehicle and traffic law, the estates, powers and trusts law and
the social services law, in relation to establishing the offenses of
aggravated murder of a child, aggravated abuse of a child in the third
degree, aggravated abuse of a child in the second degree, aggravated
abuse of a child in the first degree, aggravated manslaughter of a
child, aggravated endangering the welfare of a child, aggravated murder
of a child, and obstructing the location of a missing child; and to
repeal subdivision 5 of section 125.25 of the penal law relating to the
murder of a person under 14 years of age while in the course of commit-
ting certain sex offenses

 
SUMMARY OF PROVISIONS:

Section 1 enacts "The Protect Our Children Act."

Section 2 defines terms "person in a position of trust" and "child abuse
offense."

Sections 3, 4 and 5 amend provisions of current law to require a
sentence of life without parole for persons convicted of the new crime
of aggravated Murder of a child.

Section 6 provides that the new crime of aggravated manslaughter of a
child is a class B violent felony offense; the new crime of aggravated
abuse of a child 1st degree is a class C violent felony offense; and the
new crime of aggravated abuse of a child 2nd degree is a class D violent
felony offense.

Section 7 provides that an attempt to commit the new class A-I felony of
aggravated murder of a child is also a class A-I felony.

Section 8 renames the crime reckless assault of a child by a child day
care provider to aggravated abuse of a child in the third degree.  This
E felony, which formerly only applied to day care providers, now would
apply to a parent, guardian or person in a position of trust who reck-
lessly causes physical injury to a child under age 14.

Section 9 defines a new class D violent felony of aggravated abuse of a
child in the second degree and a new class C violent felony of aggra-
vated abuse of a child in the first degree.

Section 10 defines a new class B violent felony offense of aggravated
manslaughter of a child, and a new class A-I felony offense of aggra-
vated murder of a child.

Sections 11, 12 and 13 make changes to existing provisions of law to
conform these existing laws to reflect the changes made by this bill.

Section 14 defines the new class E felony offense of obstructing the
location of a missing child.

Section 15 defines the new class D felony offense of concealment of a
death.


Section 16 defines the new class E felony offense of aggravated endan-
gering the welfare of a child including failure to notify law enforce-
ment when the whereabouts of a young child is unknown.

Section 17 provides that speedy trial requirements set forth in the
current law do not apply to a prosecution for aggravated murder of a
child.

Section 18 amends provisions of current law to provide that a prose-
cution for aggravated murder of a child or aggravated manslaughter of a
child cannot be terminated upon the consent of the parties.

Section 19 provides that a child witness called to testify before the
grand jury may be accompanied by a social worker, psychologist, or other
professional to provide emotional support when giving testimony regard-
ing a charge of aggravated murder of a child, aggravated manslaughter of
a child, aggravated abuse of a child in the first, second or third
degree or aggravated endangering the welfare of a child.

Section 20 amends provisions of law authorizing eavesdropping warrant to
be issued to allow eavesdropping warranting investigations involving the
crimes of aggravated abuse of a child in the 1st, 2nd or 3rd degrees,
aggravated murder of a child, aggravated manslaughter of a child or
aggravated endangering the welfare of a child.

Section 21 of the bill amends the provisions of the vehicle and traffic
law to include persons convicted of a child abuse offense in provisions
of current law disqualifying a person upon conviction of certain crimes
from receiving a license to operate a bus.

Section 22 of the bill amends provisions of current law to prohibit a
person convicted of aggravated murder of a child from inheriting proper-
ty from the murdered child victim of his or her estate.

Sections 23 and 24 of the bill provide that a parent convicted of the
new crime of aggravated murder of a child or aggravated manslaughter of
a child shall be disqualified in certain parental tights proceedings.

Section 25 is the effective date.

 
JUSTIFICATION:

Serious forms of child abuse are not adequately covered by existing
laws. What is more, many existing statutes are so overly complicated as
to be practically useless, or carry such disproportionately low punish-
ments as to permit serious child abuse to have essentially no meaningful
consequences. Current misdemeanors and nonviolent felonies with proba-
tionary sentences do not do enough to save and protect children from
cruel and repeated maltreatment.

This bill fixes these problems in a measured, concise way that respects
the existing statutory scheme. The Act would: Create a felony child
endangering statute to protect children from especially cruel and sadis-
tic conduct. Under current law, unless physical injury results, the
Infliction on children of sadistic, painful, dangerous punishments can
typically, be charged only as misdemeanors; Create statutes to protect
children from serious reckless abuse. To the extent existing laws
address reckless conduct, they minimize the seriousness by treating it
as low level offenses or often include the requirement. that the conduct
be "depraved" an element that New York courts have in recent years
interpreted in a way that is virtually impossible to prove; Recognize
that caregivers and those in positions of trust to care for children
have a heightened duty of care to children and violating this special
relationship is an aggravating factor in any child abuse crime. There is
a special, dependent relationship between children and their guardians,
and children are particularly vulnerable to abuse by those who should be
their first-line protectors; Increase penalties for repeat child abus-
ers.  Where a person abuses a child and has previously committed crimes
against children, increased penalties are called for; Create a felony
statute for obstructing the efforts of law enforcement to find a missing
child. Quickly finding a missing child is essential to protect that
vulnerable child from harm, and selfish efforts to hinder those efforts
must be punished; Create a felony statute for concealing a death. A
death of a child is profoundly tragic, and the concealment of such not
only could interfere with the prosecution of the one responsible for the
death by loss of evidence, but could also prolong the agony of the fami-
ly as they search for their loved one with misplaced hope. Include fail-
ure to report a missing child in the new felony child endangering stat-
ute to require parents to actively seek assistance if a young child's
whereabouts is unknown.

Each time a high-profile press case emerges involving the tragic abusive
death of yet another child, a spotlight is shined on the problem for a
brief time. We are reminded of the deficiencies in our laws that prevent
us from taking adequate action as soon as abuse of a child begins. We
owe it to our children to strengthen the laws and to offer them better
protection before the abuse turns fatal, and provide better tools to
help law enforcement obtain justice should such a tragedy occur.

 
LEGISLATIVE HISTORY:

S.5862A of 2011-2012; Passed Senate
S.1721B/A.10026 of 2013-14; Passed Senate
S.2964b/ Passed Senate in 2015 and 2016

 
FISCAL IMPLICATIONS:

While some additional prosecutions and some increased sentences may
result, this would be offset by medical, social welfare and other cost
savings from earlier intervention in the lives of abused children.

 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after becoming law.

2017-S714A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  714--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 4, 2017
                                ___________
 
 Introduced by Sens. ORTT, AKSHAR, AVELLA, DeFRANCISCO, GALLIVAN, LARKIN,
   RITCHIE,  ROBACH, SEWARD, YOUNG -- read twice and ordered printed, and
   when printed to be committed to the Committee on Codes --  recommitted
   to  the Committee on Codes in accordance with Senate Rule 6, sec. 8 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee
 
 AN  ACT  to amend the penal law, the criminal procedure law, the vehicle
   and traffic law, the estates, powers and trusts  law  and  the  social
   services  law,  in relation to establishing the offenses of aggravated
   murder of a child, aggravated abuse of a child in  the  third  degree,
   aggravated  abuse of a child in the second degree, aggravated abuse of
   a child in the first  degree,  aggravated  manslaughter  of  a  child,
   aggravated  endangering the welfare of a child, aggravated murder of a
   child, and obstructing the location of a missing child; and to  repeal
   subdivision  5  of  section  125.25  of  the penal law relating to the
   murder of a person under 14 years  of  age  while  in  the  course  of
   committing certain sex offenses
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "protect our children act".
   §  2.  Section  10.00  of  the  penal law is amended by adding two new
 subdivisions 22 and 23 to read as follows:
   22. "PERSON IN A POSITION OF TRUST" MEANS ANY PERSON  WHO  IS  CHARGED
 WITH  ANY  DUTY  OR  RESPONSIBILITY  FOR THE HEALTH, EDUCATION, WELFARE,
 SUPERVISION OR CARE OF ANOTHER PERSON, EITHER INDEPENDENTLY  OR  THROUGH
 ANOTHER PERSON, NO MATTER HOW BRIEF.
   23. "CHILD ABUSE OFFENSE" MEANS:
   (A)  PATRONIZING  A  PERSON  FOR  PROSTITUTION IN THE SECOND DEGREE AS
 DEFINED IN SECTION 230.05; PATRONIZING A PERSON FOR PROSTITUTION IN  THE
 FIRST DEGREE AS DEFINED IN SECTION 230.06; PROMOTING PROSTITUTION IN THE

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

                                                            LBD04975-02-8

 S. 714--A                           2
 
 SECOND DEGREE AS DEFINED IN SUBDIVISION TWO OF SECTION 230.30; PROMOTING
 PROSTITUTION  IN  THE FIRST DEGREE AS DEFINED IN SECTION 230.32; DISSEM-
 INATING 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.
   §  3. Section 60.06 of the penal law, as amended by chapter 482 of the
 laws of 2009, is amended to read as follows:
 § 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. 714--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.
   § 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.
   § 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-

 S. 714--A                           4
 
 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.
   §  5-a. Subdivision 5 of section 70.00 of the penal law, as amended by
 section 40-a of part WWW of chapter 59 of the laws of 2017,  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 without
 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  who  was  eighteen  years  of age or older at the time of the
 commission of the crime 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 chemi-
 cal  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 who was seven-
 teen  years of age or younger at the time of the commission of the crime
 may be sentenced, in accordance with law, to the  applicable  indetermi-
 nate sentence with a maximum term of life imprisonment. 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 subdivision one of section 125.26 of this chapter OR FOR
 THE CRIME OF AGGRAVATED 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.
   §  6. Paragraphs (a), (b) and (c) of subdivision 1 of section 70.02 of
 the penal law, paragraphs (a) and (c) as amended by chapter 368  of  the
 laws  of  2015  and paragraph (b) 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

 S. 714--A                           5
 
 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, sex traffick-
 ing as defined in paragraphs (a) and (b) of subdivision five of  section
 230.34,  incest in the first degree as defined in section 255.27, crimi-
 nal 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-
 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, labor trafficking as
 defined in paragraphs (a)  and  (b)  of  subdivision  three  of  section
 135.35,  criminal  possession of a weapon in the third degree as defined
 in subdivision five, six, seven, eight, nine or ten of  section  265.02,

 S. 714--A                           6
 
 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 terror-
 ism  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.
   §  7.  Subdivision 1 of section 110.05 of the penal law, as amended by
 section 8 of subpart A of part H of chapter 55 of the laws of  2014,  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;
   § 8. Section 120.01 of the penal law, as added by chapter 600  of  the
 laws of 1998, is amended to read as follows:
 § 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.
   §  9.  The  penal law is amended by adding two new sections 120.19 and
 120.19-a to read as follows:
 § 120.19 AGGRAVATED ABUSE OF A CHILD IN THE SECOND DEGREE.
   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.
 § 120.19-A AGGRAVATED ABUSE OF A CHILD IN THE FIRST DEGREE.

 S. 714--A                           7
 
   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.
   §  10.  The penal law is amended by adding two new sections 125.23 and
 125.28 to read as follows:
 § 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.
 § 125.28 AGGRAVATED MURDER OF A CHILD.
   A PERSON IS GUILTY OF AGGRAVATED MURDER OF A CHILD WHEN:
   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

 S. 714--A                           8
 
 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.
   §  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].
   § 12. Subdivision 5 of section 125.25 of the penal law is REPEALED.
   § 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
   §  14. The penal law is amended by adding a new section 190.17 to read
 as follows:
 § 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.
   § 15.  The penal law is amended by adding a new section 260.09 to read
 as follows:
 § 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. 714--A                           9
 
   §  16. 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.
   §  17.  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.
   § 18. Paragraph (h) of subdivision 3 of section 190.25 of the criminal
 procedure law, as amended by chapter 347 of the laws of 2014, 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, or a social worker or informal caregiver, as provided in
 subdivision two of section two hundred six  of  the  elder  law,  for  a
 vulnerable  elderly  person  as provided in subdivision three of section
 260.31 of the penal law, 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.
   § 19. Paragraph (b) of subdivision 8 of section 700.05 of the criminal
 procedure law, as amended by chapter 368 of the laws of 2015, 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

 S. 714--A                          10
 
 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, aggravated labor traf-
 ficking as defined in section 135.37 of the penal law, custodial  inter-
 ference  in  the  first degree as defined in section 135.50 of the penal
 law, coercion in the first degree as defined in section  135.65  of  the
 penal  law,  criminal trespass in the first degree as defined in section
 140.17 of the penal law, burglary in the  third  degree  as  defined  in
 section  140.20  of  the  penal  law,  burglary  in the second degree as
 defined in section 140.25 of the penal law, burglary in the first degree
 as defined in section 140.30 of the penal law, criminal mischief in  the
 third  degree  as  defined  in section 145.05 of the penal law, criminal
 mischief in the second degree as defined in section 145.10 of the  penal
 law,  criminal mischief in the first degree as defined in section 145.12
 of the penal law, criminal tampering in the first degree as  defined  in
 section  145.20  of the penal law, arson in the fourth degree as defined
 in section 150.05 of the penal law, arson in the third degree as defined
 in section 150.10 of the penal  law,  arson  in  the  second  degree  as
 defined in section 150.15 of the penal law, arson in the first degree as
 defined  in section 150.20 of the penal law, grand larceny in the fourth
 degree as defined in section 155.30 of the penal law, grand  larceny  in
 the  third  degree  as defined in section 155.35 of the penal law, grand
 larceny in the second degree as defined in section 155.40 of  the  penal
 law,  grand  larceny in the first degree as defined in section 155.42 of
 the penal law, health care fraud in the  fourth  degree  as  defined  in
 section  177.10  of the penal law, health care fraud in the third degree
 as defined in section 177.15 of the penal law, health care fraud in  the
 second degree as defined in section 177.20 of the penal law, health care
 fraud in the first degree as defined in section 177.25 of the penal law,
 robbery  in  the  third degree as defined in section 160.05 of the penal
 law, robbery in the second degree as defined in section  160.10  of  the
 penal  law,  robbery in the first degree as defined in section 160.15 of
 the penal law, unlawful use of secret scientific material as defined  in
 section  165.07 of the penal law, criminal possession of stolen property
 in the fourth degree as defined in section  165.45  of  the  penal  law,
 criminal possession of stolen property in the third degree as defined in
 section  165.50 of the penal law, criminal possession of stolen property
 in the second degree as defined by section  165.52  of  the  penal  law,
 criminal possession of stolen property in the first degree as defined by
 section  165.54 of the penal law, trademark counterfeiting in the second
 degree as defined in section 165.72 of the penal law, trademark counter-
 feiting in the first degree as defined in section 165.73  of  the  penal

 S. 714--A                          11
 
 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,
 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;
   §  20. 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

 S. 714--A                          12
 
 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.
   § 21. 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:
 § 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.
   §  22.  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;
   § 23. 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

 S. 714--A                          13
 
 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;
   §  24.  This  act shall take effect on the sixtieth day after it shall
 have become a law; provided, however, that if section 40-a of  part  WWW
 of  chapter  59  of  the  laws of 2017 shall not have taken effect on or
 before such date then section five-a of this act shall  take  effect  on
 the  same date and in the same manner as such section of such chapter of
 the laws of 2017, takes effect.

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Senate Bill S714A

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

Jun 20, 2017 - Floor Vote

Floor Vote: Jun 20, 2017

Mar 21, 2017 - Codes Committee Vote

Codes Committee Vote: Mar 21, 2017

Bill Amendments

co-Sponsors

2017-S714 - Details

2017-S714 - Summary

2017-S714 - Sponsor Memo

2017-S714 - Bill Text download pdf

co-Sponsors

2017-S714A (ACTIVE) - Details

2017-S714A (ACTIVE) - Summary

2017-S714A (ACTIVE) - Sponsor Memo

2017-S714A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S714A

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Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

Bill Amendments

co-Sponsors

2017-S714 - Details

2017-S714 - Summary

2017-S714 - Sponsor Memo

2017-S714 - Bill Text download pdf

co-Sponsors

2017-S714A (ACTIVE) - Details

2017-S714A (ACTIVE) - Summary

2017-S714A (ACTIVE) - Sponsor Memo

2017-S714A (ACTIVE) - Bill Text download pdf

Comments