Bill Text: NY S02964 | 2015-2016 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: 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.
Spectrum: Moderate Partisan Bill (Republican 5-1)
Status: (Engrossed - Dead) 2016-06-07 - referred to codes [S02964 Detail]
Download: New_York-2015-S02964-Introduced.html
Bill Title: 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.
Spectrum: Moderate Partisan Bill (Republican 5-1)
Status: (Engrossed - Dead) 2016-06-07 - referred to codes [S02964 Detail]
Download: New_York-2015-S02964-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 2964 2015-2016 Regular Sessions I N S E N A T E January 30, 2015 ___________ Introduced by Sen. ORTT -- 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, obstructing the location of a missing child, and concealment of a death; 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: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "protect our children act". 3 S 2. Section 10.00 of the penal law is amended by adding two new 4 subdivisions 22 and 23 to read as follows: 5 22. "PERSON IN A POSITION OF TRUST" MEANS ANY PERSON WHO IS CHARGED 6 WITH ANY DUTY OR RESPONSIBILITY FOR THE HEALTH, EDUCATION, WELFARE, 7 SUPERVISION OR CARE OF ANOTHER PERSON, EITHER INDEPENDENTLY OR THROUGH 8 ANOTHER PERSON, NO MATTER HOW BRIEF. 9 23. "CHILD ABUSE OFFENSE" MEANS: 10 (A) PATRONIZING A PROSTITUTE IN THE SECOND DEGREE AS DEFINED IN 11 SECTION 230.05; PATRONIZING A PROSTITUTE IN THE FIRST DEGREE AS DEFINED 12 IN SECTION 230.06; PROMOTING PROSTITUTION IN THE SECOND DEGREE AS 13 DEFINED IN SUBDIVISION TWO OF SECTION 230.30; PROMOTING PROSTITUTION IN 14 THE FIRST DEGREE AS DEFINED IN SECTION 230.32; DISSEMINATING INDECENT 15 MATERIAL TO MINORS IN THE SECOND DEGREE AS DEFINED IN SECTION 235.21; 16 DISSEMINATING INDECENT MATERIAL TO MINORS IN THE FIRST DEGREE AS DEFINED EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02814-01-5 S. 2964 2 1 IN SECTION 235.22; ABANDONMENT OF A CHILD AS DEFINED IN SECTION 260.00; 2 NON-SUPPORT OF A CHILD IN THE SECOND DEGREE AS DEFINED IN SECTION 3 260.05; NON-SUPPORT OF A CHILD IN THE FIRST DEGREE AS DEFINED IN SECTION 4 260.06; AGGRAVATED ENDANGERING THE WELFARE OF A CHILD AS DEFINED IN 5 SECTION 260.09; ENDANGERING THE WELFARE OF A CHILD AS DEFINED IN SECTION 6 260.10; UNLAWFULLY DEALING WITH A CHILD IN THE FIRST DEGREE AS DEFINED 7 IN SECTION 260.20; UNLAWFULLY DEALING WITH A CHILD IN THE SECOND DEGREE 8 AS DEFINED IN SECTION 260.21; OR AN OFFENSE DEFINED IN ARTICLE TWO 9 HUNDRED SIXTY-THREE OF THIS CHAPTER; OR 10 (B) AN OFFENSE DEFINED IN ARTICLE ONE HUNDRED TWENTY, ONE HUNDRED 11 TWENTY-FIVE, ONE HUNDRED THIRTY OR ONE HUNDRED THIRTY-FIVE OF THIS CHAP- 12 TER PROVIDED THE VICTIM OF SUCH OFFENSE IS LESS THAN FOURTEEN YEARS OF 13 AGE; OR 14 (C) AN ATTEMPT TO COMMIT AN OFFENSE LISTED IN PARAGRAPH (A) OR (B) OF 15 THIS SUBDIVISION; OR 16 (D) AN OFFENSE IN ANY OTHER JURISDICTION WHICH INCLUDES ALL OF THE 17 ESSENTIAL ELEMENTS OF ANY SUCH CRIME LISTED IN PARAGRAPH (A), (B) OR (C) 18 OF THIS SUBDIVISION. 19 S 3. Section 60.06 of the penal law, as amended by chapter 482 of the 20 laws of 2009, is amended to read as follows: 21 S 60.06 Authorized disposition; murder in the first degree offenders; 22 aggravated murder offenders; AGGRAVATED MURDER OF A CHILD 23 OFFENDERS; certain murder in the second degree offenders; 24 certain terrorism offenders; criminal possession of a chemical 25 weapon or biological weapon offenders; criminal use of a chem- 26 ical weapon or biological weapon offenders. 27 When a defendant is convicted of murder in the first degree as defined 28 in section 125.27 of this chapter, the court shall, in accordance with 29 the provisions of section 400.27 of the criminal procedure law, sentence 30 the defendant to death, to life imprisonment without parole in accord- 31 ance with subdivision five of section 70.00 of this title, or to a term 32 of imprisonment for a class A-I felony other than a sentence of life 33 imprisonment without parole, in accordance with subdivisions one through 34 three of section 70.00 of this title. When a person is convicted [of 35 murder in the second degree as defined in subdivision five of section 36 125.25 of this chapter or] of the crime of aggravated murder as defined 37 in subdivision one of section 125.26 of this chapter OR OF THE CRIME OF 38 AGGRAVATED MURDER OF A CHILD AS DEFINED IN SECTION 125.28 OF THIS CHAP- 39 TER, the court shall sentence the defendant to life imprisonment without 40 parole in accordance with subdivision five of section 70.00 of this 41 title. When a defendant is convicted of the crime of terrorism as 42 defined in section 490.25 of this chapter, and the specified offense the 43 defendant committed is a class A-I felony offense, or when a defendant 44 is convicted of the crime of criminal possession of a chemical weapon or 45 biological weapon in the first degree as defined in section 490.45 of 46 this chapter, or when a defendant is convicted of the crime of criminal 47 use of a chemical weapon or biological weapon in the first degree as 48 defined in section 490.55 of this chapter, the court shall sentence the 49 defendant to life imprisonment without parole in accordance with subdi- 50 vision five of section 70.00 of this title; provided, however, that 51 nothing in this section shall preclude or prevent a sentence of death 52 when the defendant is also convicted of murder in the first degree as 53 defined in section 125.27 of this chapter. When a defendant is convicted 54 of aggravated murder as defined in subdivision two of section 125.26 of 55 this chapter, the court shall sentence the defendant to life imprison- 56 ment without parole or to a term of imprisonment for a class A-I felony S. 2964 3 1 other than a sentence of life imprisonment without parole, in accordance 2 with subdivisions one through three of section 70.00 of this title. 3 S 4. Subparagraph (i) of paragraph (a) of subdivision 3 of section 4 70.00 of the penal law, as amended by chapter 107 of the laws of 2006, 5 is amended to read as follows: 6 (i) For a class A-I felony, such minimum period shall not be less than 7 fifteen years nor more than twenty-five years; provided, however, that 8 (A) where a sentence, other than a sentence of death or life imprison- 9 ment without parole, is imposed upon a defendant convicted of murder in 10 the first degree as defined in section 125.27 of this chapter such mini- 11 mum period shall be not less than twenty years nor more than twenty-five 12 years, and, (B) where a sentence is imposed upon a defendant [convicted 13 of murder in the second degree as defined in subdivision five of section 14 125.25 of this chapter or] convicted of aggravated murder as defined in 15 section 125.26 of this chapter OR CONVICTED OF AGGRAVATED MURDER OF A 16 CHILD AS DEFINED IN SECTION 125.28 OF THIS CHAPTER, the sentence shall 17 be life imprisonment without parole, and, (C) where a sentence is 18 imposed upon a defendant convicted of attempted murder in the first 19 degree as defined in article one hundred ten of this chapter and subpar- 20 agraph (i), (ii) or (iii) of paragraph (a) of subdivision one and para- 21 graph (b) of subdivision one of section 125.27 of this chapter or 22 attempted aggravated murder as defined in article one hundred ten of 23 this chapter and section 125.26 of this chapter OR ATTEMPTED AGGRAVATED 24 MURDER OF A CHILD AS DEFINED IN ARTICLE ONE HUNDRED TEN OF THIS CHAPTER 25 AND SECTION 125.28 OF THIS CHAPTER such minimum period shall be not less 26 than twenty years nor more than forty years. 27 S 5. Subdivision 5 of section 70.00 of the penal law, as amended by 28 chapter 482 of the laws of 2009, is amended to read as follows: 29 5. Life imprisonment without parole. Notwithstanding any other 30 provision of law, a defendant sentenced to life imprisonment without 31 parole shall not be or become eligible for parole or conditional 32 release. For purposes of commitment and custody, other than parole and 33 conditional release, such sentence shall be deemed to be an indetermi- 34 nate sentence. A defendant may be sentenced to life imprisonment with- 35 out parole upon conviction for the crime of murder in the first degree 36 as defined in section 125.27 of this chapter and in accordance with the 37 procedures provided by law for imposing a sentence for such crime. A 38 defendant must be sentenced to life imprisonment without parole upon 39 conviction for the crime of terrorism as defined in section 490.25 of 40 this chapter, where the specified offense the defendant committed is a 41 class A-I felony; the crime of criminal possession of a chemical weapon 42 or biological weapon in the first degree as defined in section 490.45 of 43 this chapter; or the crime of criminal use of a chemical weapon or 44 biological weapon in the first degree as defined in section 490.55 of 45 this chapter; provided, however, that nothing in this subdivision shall 46 preclude or prevent a sentence of death when the defendant is also 47 convicted of the crime of murder in the first degree as defined in 48 section 125.27 of this chapter. A defendant must be sentenced to life 49 imprisonment without parole upon conviction [for the crime of murder in 50 the second degree as defined in subdivision five of section 125.25 of 51 this chapter or] for the crime of aggravated murder as defined in subdi- 52 vision one of section 125.26 of this chapter OR FOR THE CRIME OF AGGRA- 53 VATED MURDER OF A CHILD AS DEFINED IN SECTION 125.28 OF THIS CHAPTER. A 54 defendant may be sentenced to life imprisonment without parole upon 55 conviction for the crime of aggravated murder as defined in subdivision 56 two of section 125.26 of this chapter. S. 2964 4 1 S 6. Paragraphs (a), (b) and (c) of subdivision 1 of section 70.02 of 2 the penal law, paragraph (a) as amended by chapter 320 of the laws of 3 2006 and paragraphs (b) and (c) as amended by chapter 1 of the laws of 4 2013, are amended to read as follows: 5 (a) Class B violent felony offenses: an attempt to commit the class 6 A-I felonies of murder in the second degree as defined in section 7 125.25, kidnapping in the first degree as defined in section 135.25, and 8 arson in the first degree as defined in section 150.20; manslaughter in 9 the first degree as defined in section 125.20, aggravated manslaughter 10 in the first degree as defined in section 125.22, AGGRAVATED MANSLAUGHT- 11 ER OF A CHILD AS DEFINED IN SECTION 125.23, rape in the first degree as 12 defined in section 130.35, criminal sexual act in the first degree as 13 defined in section 130.50, aggravated sexual abuse in the first degree 14 as defined in section 130.70, course of sexual conduct against a child 15 in the first degree as defined in section 130.75; assault in the first 16 degree as defined in section 120.10, kidnapping in the second degree as 17 defined in section 135.20, burglary in the first degree as defined in 18 section 140.30, arson in the second degree as defined in section 150.15, 19 robbery in the first degree as defined in section 160.15, incest in the 20 first degree as defined in section 255.27, criminal possession of a 21 weapon in the first degree as defined in section 265.04, criminal use of 22 a firearm in the first degree as defined in section 265.09, criminal 23 sale of a firearm in the first degree as defined in section 265.13, 24 aggravated assault upon a police officer or a peace officer as defined 25 in section 120.11, gang assault in the first degree as defined in 26 section 120.07, intimidating a victim or witness in the first degree as 27 defined in section 215.17, hindering prosecution of terrorism in the 28 first degree as defined in section 490.35, criminal possession of a 29 chemical weapon or biological weapon in the second degree as defined in 30 section 490.40, and criminal use of a chemical weapon or biological 31 weapon in the third degree as defined in section 490.47. 32 (b) Class C violent felony offenses: an attempt to commit any of the 33 class B felonies set forth in paragraph (a) of this subdivision; aggra- 34 vated criminally negligent homicide as defined in section 125.11, aggra- 35 vated manslaughter in the second degree as defined in section 125.21, 36 aggravated sexual abuse in the second degree as defined in section 37 130.67, assault on a peace officer, police officer, fireman or emergency 38 medical services professional as defined in section 120.08, assault on a 39 judge as defined in section 120.09, gang assault in the second degree as 40 defined in section 120.06, AGGRAVATED ABUSE OF A CHILD IN THE FIRST 41 DEGREE AS DEFINED IN SECTION 120.19-A, strangulation in the first degree 42 as defined in section 121.13, burglary in the second degree as defined 43 in section 140.25, robbery in the second degree as defined in section 44 160.10, criminal possession of a weapon in the second degree as defined 45 in section 265.03, criminal use of a firearm in the second degree as 46 defined in section 265.08, criminal sale of a firearm in the second 47 degree as defined in section 265.12, criminal sale of a firearm with the 48 aid of a minor as defined in section 265.14, aggravated criminal 49 possession of a weapon as defined in section 265.19, soliciting or 50 providing support for an act of terrorism in the first degree as defined 51 in section 490.15, hindering prosecution of terrorism in the second 52 degree as defined in section 490.30, and criminal possession of a chemi- 53 cal weapon or biological weapon in the third degree as defined in 54 section 490.37. 55 (c) Class D violent felony offenses: an attempt to commit any of the 56 class C felonies set forth in paragraph (b); reckless assault of a child S. 2964 5 1 as defined in section 120.02, assault in the second degree as defined in 2 section 120.05, AGGRAVATED ABUSE OF A CHILD IN THE SECOND DEGREE AS 3 DEFINED IN SECTION 120.19, menacing a police officer or peace officer as 4 defined in section 120.18, stalking in the first degree, as defined in 5 subdivision one of section 120.60, strangulation in the second degree as 6 defined in section 121.12, rape in the second degree as defined in 7 section 130.30, criminal sexual act in the second degree as defined in 8 section 130.45, sexual abuse in the first degree as defined in section 9 130.65, course of sexual conduct against a child in the second degree as 10 defined in section 130.80, aggravated sexual abuse in the third degree 11 as defined in section 130.66, facilitating a sex offense with a 12 controlled substance as defined in section 130.90, criminal possession 13 of a weapon in the third degree as defined in subdivision five, six, 14 seven, eight, nine or ten of section 265.02, criminal sale of a firearm 15 in the third degree as defined in section 265.11, intimidating a victim 16 or witness in the second degree as defined in section 215.16, soliciting 17 or providing support for an act of terrorism in the second degree as 18 defined in section 490.10, and making a terroristic threat as defined in 19 section 490.20, falsely reporting an incident in the first degree as 20 defined in section 240.60, placing a false bomb or hazardous substance 21 in the first degree as defined in section 240.62, placing a false bomb 22 or hazardous substance in a sports stadium or arena, mass transportation 23 facility or enclosed shopping mall as defined in section 240.63, and 24 aggravated unpermitted use of indoor pyrotechnics in the first degree as 25 defined in section 405.18. 26 S 7. Subdivision 1 of section 110.05 of the penal law, as amended by 27 section 8 of subpart A of part H of chapter 55 of the laws of 2014, is 28 amended to read as follows: 29 1. Class A-I felony when the crime attempted is the A-I felony of 30 murder in the first degree, aggravated murder as defined in subdivision 31 one of section 125.26 of this chapter, AGGRAVATED MURDER OF A CHILD, 32 criminal possession of a controlled substance in the first degree, crim- 33 inal sale of a controlled substance in the first degree, criminal 34 possession of a chemical or biological weapon in the first degree or 35 criminal use of a chemical or biological weapon in the first degree; 36 S 8. Section 120.01 of the penal law, as added by chapter 600 of the 37 laws of 1998, is amended to read as follows: 38 S 120.01 [Reckless assault] AGGRAVATED ABUSE of a child [by a child day 39 care provider] IN THE THIRD DEGREE. 40 A person is guilty of [reckless assault] AGGRAVATED ABUSE of a child 41 IN THE THIRD DEGREE when, being [a child day care provider or an employ- 42 ee thereof] EIGHTEEN YEARS OLD OR MORE, AND BEING A PARENT, GUARDIAN OR 43 OTHER PERSON LEGALLY CHARGED WITH THE CUSTODY OF, OR LEGALLY RESPONSIBLE 44 FOR THE CARE OF, A CHILD LESS THAN FOURTEEN YEARS OLD, OR BEING A PERSON 45 IN A POSITION OF TRUST OF A CHILD LESS THAN FOURTEEN YEARS OLD, he or 46 she recklessly causes [serious] physical injury to [a] SUCH child [under 47 the care of such provider or employee who is less than eleven years of 48 age]. 49 [Reckless assault] AGGRAVATED ABUSE of a child [by a child day care 50 provider] IN THE THIRD DEGREE is a class E felony. 51 S 9. The penal law is amended by adding two new sections 120.19 and 52 120.19-a to read as follows: 53 S 120.19 AGGRAVATED ABUSE OF A CHILD IN THE SECOND DEGREE. 54 A PERSON IS GUILTY OF AGGRAVATED ABUSE OF A CHILD IN THE SECOND DEGREE 55 WHEN BEING EIGHTEEN YEARS OLD OR MORE, AND BEING A PARENT, GUARDIAN OR 56 OTHER PERSON LEGALLY CHARGED WITH THE CUSTODY OF, OR LEGALLY RESPONSIBLE S. 2964 6 1 FOR THE CARE OF, A CHILD LESS THAN FOURTEEN YEARS OLD, OR BEING A PERSON 2 IN A POSITION OF TRUST OF A CHILD LESS THAN FOURTEEN YEARS OLD, HE OR 3 SHE: 4 1. WITH INTENT TO CAUSE PHYSICAL INJURY TO ANOTHER PERSON, CAUSES 5 PHYSICAL INJURY TO SUCH CHILD; OR 6 2. RECKLESSLY ENGAGES IN CONDUCT WHICH CREATES A GRAVE RISK OF SERIOUS 7 PHYSICAL INJURY OR DEATH TO SUCH CHILD AND THEREBY CAUSES SERIOUS PHYS- 8 ICAL INJURY TO SUCH CHILD; OR 9 3. COMMITS THE CRIME OF AGGRAVATED ABUSE OF A CHILD IN THE THIRD 10 DEGREE AS DEFINED IN SECTION 120.01 OF THIS ARTICLE AND PREVIOUSLY HAS 11 BEEN CONVICTED OF A CHILD ABUSE OFFENSE. 12 AGGRAVATED ABUSE OF A CHILD IN THE SECOND DEGREE IS A CLASS D FELONY. 13 S 120.19-A AGGRAVATED ABUSE OF A CHILD IN THE FIRST DEGREE. 14 A PERSON IS GUILTY OF AGGRAVATED ABUSE OF A CHILD IN THE FIRST DEGREE 15 WHEN BEING EIGHTEEN YEARS OLD OR MORE, AND BEING A PARENT, GUARDIAN OR 16 OTHER PERSON LEGALLY CHARGED WITH THE CUSTODY OF, OR LEGALLY RESPONSIBLE 17 FOR THE CARE OF, A CHILD LESS THAN FOURTEEN YEARS OLD, OR BEING A PERSON 18 IN A POSITION OF TRUST OF A CHILD LESS THAN FOURTEEN YEARS OLD, HE OR 19 SHE: 20 1. WITH INTENT TO CAUSE SERIOUS PHYSICAL INJURY TO ANOTHER PERSON, 21 CAUSES SERIOUS PHYSICAL INJURY TO SUCH CHILD; OR 22 2. RECKLESSLY ENGAGES IN VIOLENT SHAKING OF SUCH CHILD AND THEREBY 23 CAUSES SERIOUS PHYSICAL INJURY TO SUCH CHILD AND SUCH CHILD IS LESS THAN 24 FIVE YEARS OLD; OR 25 3. RECKLESSLY ENGAGES IN CONDUCT WHICH CREATES A GRAVE RISK OF SERIOUS 26 PHYSICAL INJURY OR DEATH TO SUCH CHILD AND THEREBY CAUSES SERIOUS PHYS- 27 ICAL INJURY TO SUCH CHILD, AND: 28 (A) HAS PREVIOUSLY BEEN CONVICTED OF A CHILD ABUSE OFFENSE; OR 29 (B) AS PART OF THE SAME TRANSACTION, RECKLESSLY ENGAGES IN CONDUCT 30 WHICH CREATES A GRAVE RISK OF SERIOUS PHYSICAL INJURY OR DEATH TO ANOTH- 31 ER CHILD LESS THAN FOURTEEN YEARS OLD AND THEREBY CAUSES SERIOUS PHYS- 32 ICAL INJURY TO SUCH OTHER CHILD; OR 33 (C) CAUSES SUCH INJURY BY MEANS OF A DEADLY WEAPON OR DANGEROUS 34 INSTRUMENT; OR 35 (D) ON AT LEAST ONE OTHER OCCASION, RECKLESSLY ENGAGED IN CONDUCT 36 WHICH CREATED A GRAVE RISK OF SERIOUS PHYSICAL INJURY OR DEATH TO A 37 CHILD LESS THAN FOURTEEN YEARS OLD AND THEREBY CAUSED SERIOUS PHYSICAL 38 INJURY TO SUCH CHILD. 39 AGGRAVATED ABUSE OF A CHILD IN THE FIRST DEGREE IS A CLASS C FELONY. 40 S 10. The penal law is amended by adding two new sections 125.23 and 41 125.28 to read as follows: 42 S 125.23 AGGRAVATED MANSLAUGHTER OF A CHILD. 43 A PERSON IS GUILTY OF AGGRAVATED MANSLAUGHTER OF A CHILD WHEN, BEING 44 EIGHTEEN YEARS OLD OR MORE, AND BEING A PARENT, GUARDIAN OR OTHER PERSON 45 LEGALLY CHARGED WITH THE CUSTODY OF, OR LEGALLY RESPONSIBLE FOR THE CARE 46 OF, A CHILD LESS THAN FOURTEEN YEARS OLD, OR BEING A PERSON IN A POSI- 47 TION OF TRUST OF A CHILD LESS THAN FOURTEEN YEARS OLD, HE OR SHE RECK- 48 LESSLY ENGAGES IN CONDUCT WHICH CREATES A GRAVE RISK OF SERIOUS PHYSICAL 49 INJURY OR DEATH TO SUCH CHILD AND THEREBY CAUSES THE DEATH OF SUCH 50 CHILD. 51 AGGRAVATED MANSLAUGHTER OF A CHILD IS A CLASS B FELONY. 52 S 125.28 AGGRAVATED MURDER OF A CHILD. 53 A PERSON IS GUILTY OF AGGRAVATED MURDER OF A CHILD WHEN: 54 1. WITH INTENT TO CAUSE THE DEATH OF A CHILD LESS THAN FOURTEEN YEARS 55 OLD, AND BEING EIGHTEEN YEARS OLD OR MORE, AND BEING THE PARENT, GUARDI- 56 AN OR OTHER PERSON LEGALLY CHARGED WITH THE CUSTODY OF, OR LEGALLY S. 2964 7 1 RESPONSIBLE FOR THE CARE OF, SUCH CHILD, OR BEING A PERSON IN A POSITION 2 OF TRUST OF A CHILD LESS THAN FOURTEEN YEARS OLD, HE OR SHE CAUSES THE 3 DEATH OF SUCH CHILD; OR 4 2. UNDER CIRCUMSTANCES EVINCING A DEPRAVED INDIFFERENCE TO HUMAN LIFE, 5 AND BEING EIGHTEEN YEARS OLD OR MORE, AND BEING THE PARENT, GUARDIAN OR 6 OTHER PERSON LEGALLY CHARGED WITH THE CUSTODY OF, OR LEGALLY RESPONSIBLE 7 FOR THE CARE OF, A CHILD LESS THAN FOURTEEN YEARS OLD, OR BEING A PERSON 8 IN A POSITION OF TRUST OF A CHILD LESS THAN FOURTEEN YEARS OLD, HE OR 9 SHE RECKLESSLY ENGAGES IN CONDUCT WHICH CREATES A GRAVE RISK OF SERIOUS 10 PHYSICAL INJURY OR DEATH TO SUCH CHILD AND THEREBY CAUSES THE DEATH OF 11 SUCH CHILD; OR 12 3. BEING EIGHTEEN YEARS OLD OR MORE, WHILE IN THE COURSE OF COMMITTING 13 RAPE IN THE FIRST, SECOND OR THIRD DEGREE, CRIMINAL SEXUAL ACT IN THE 14 FIRST, SECOND OR THIRD DEGREE, AGGRAVATED SEXUAL ABUSE IN THE FIRST, 15 SECOND, THIRD OR FOURTH DEGREE, OR INCEST AGAINST A CHILD LESS THAN 16 FOURTEEN YEARS OLD, HE OR SHE INTENTIONALLY CAUSES THE DEATH OF SUCH 17 CHILD. 18 AGGRAVATED MURDER OF A CHILD IS A CLASS A-I FELONY. 19 S 11. Subdivision 4 of section 125.25 of the penal law, as amended by 20 chapter 459 of the laws of 2004, is amended to read as follows: 21 4. Under circumstances evincing a depraved indifference to human life, 22 and being eighteen years old or more the defendant recklessly engages in 23 conduct which creates a grave risk of serious physical injury or death 24 to another person less than eleven years old and thereby causes the 25 death of such person[; or]. 26 S 12. Subdivision 5 of section 125.25 of the penal law is REPEALED. 27 S 13. Subparagraph (ix) of paragraph (a) of subdivision 1 of section 28 125.27 of the penal law, as added by chapter 1 of the laws of 1995, is 29 amended to read as follows: 30 (ix) prior to committing the killing, the defendant had been convicted 31 of murder as defined in this section or section 125.25 of this article 32 OR CONVICTED OF AGGRAVATED MURDER OF A CHILD AS DEFINED IN SECTION 33 125.28 OF THIS ARTICLE, or had been convicted in another jurisdiction of 34 an offense which, if committed in this state, would constitute a 35 violation of [either of such] THE AFOREMENTIONED sections; or 36 S 14. The penal law is amended by adding a new section 190.17 to read 37 as follows: 38 S 190.17 OBSTRUCTING THE LOCATION OF A MISSING CHILD. 39 A PERSON IS GUILTY OF OBSTRUCTING THE LOCATION OF A MISSING CHILD 40 WHEN HE OR SHE KNOWINGLY PROVIDES FALSE INFORMATION TO LAW ENFORCEMENT 41 OFFICIALS AS TO THE WHEREABOUTS OF A CHILD LESS THAN FOURTEEN YEARS OLD 42 WHO HAS BEEN REPORTED MISSING, OR WHOSE WHEREABOUTS HAS BEEN UNKNOWN FOR 43 MORE THAN TWENTY-FOUR HOURS. 44 OBSTRUCTING THE LOCATION OF A MISSING CHILD IS A CLASS E FELONY. 45 S 15. The penal law is amended by adding a new section 190.18 to read 46 as follows: 47 S 190.18 CONCEALMENT OF A DEATH. 48 A PERSON IS GUILTY OF CONCEALMENT OF A DEATH WHEN HE OR SHE KNOWINGLY 49 MOVES OR OTHERWISE CONCEALS A HUMAN CORPSE SO THAT DISCOVERY OF THE 50 DEATH OF SUCH PERSON WILL BE HINDERED. 51 CONCEALMENT OF A DEATH IS A CLASS D FELONY. 52 S 16. The penal law is amended by adding a new section 260.09 to read 53 as follows: 54 S 260.09 AGGRAVATED ENDANGERING THE WELFARE OF A CHILD. 55 A PERSON IS GUILTY OF AGGRAVATED ENDANGERING THE WELFARE OF A CHILD 56 WHEN, BEING EIGHTEEN YEARS OLD OR MORE, AND BEING A PARENT, GUARDIAN OR S. 2964 8 1 OTHER PERSON LEGALLY CHARGED WITH THE CUSTODY OF, OR LEGALLY RESPONSIBLE 2 FOR THE CARE OF, A CHILD LESS THAN FOURTEEN YEARS OLD, OR BEING A PERSON 3 IN A POSITION OF TRUST OF A CHILD LESS THEN FOURTEEN YEARS OLD, HE OR 4 SHE KNOWINGLY ACTS IN A MANNER LIKELY TO BE INJURIOUS TO THE PHYSICAL, 5 MENTAL OR MORAL WELFARE OF SUCH CHILD, AND: 6 1. PREVIOUSLY HAS BEEN CONVICTED OF A CHILD ABUSE OFFENSE; OR 7 2. SUCH CONDUCT CONSISTS OF TWO OR MORE ACTS OF CRUELTY AGAINST SUCH 8 CHILD. FOR PURPOSES OF THIS SUBDIVISION, "CRUELTY" MEANS CONDUCT WHICH 9 (A) CAUSES EXTREME PHYSICAL PAIN, OR (B) WHICH IS CARRIED OUT IN AN 10 ESPECIALLY VICIOUS OR SADISTIC MANNER; OR 11 3. SUCH CONDUCT CONSISTS OF FAILING TO REPORT TO LAW ENFORCEMENT WHEN 12 THE WHEREABOUTS OF SUCH CHILD HAS BEEN UNKNOWN BY SUCH PERSON FOR MORE 13 THAN TWENTY-FOUR HOURS. FOR THE PURPOSES OF THIS SECTION, A PARENT, 14 GUARDIAN OR OTHER PERSON LEGALLY CHARGED WITH THE CUSTODY OF, OR LEGALLY 15 RESPONSIBLE FOR THE CARE OF A CHILD UNDER THE AGE OF ELEVEN IS DEEMED TO 16 BE ACTING IN A MANNER LIKELY TO BE INJURIOUS TO THE PHYSICAL, MENTAL OR 17 MORAL WELFARE OF SUCH CHILD IF SUCH CHILD'S WHEREABOUTS IS UNKNOWN BY 18 SUCH PERSON FOR MORE THAN TWENTY-FOUR HOURS. 19 AGGRAVATED ENDANGERING THE WELFARE OF A CHILD IS A CLASS E FELONY. 20 S 17. Paragraph (a) of subdivision 3 of section 30.30 of the criminal 21 procedure law, as amended by chapter 93 of the laws of 2006, is amended 22 to read as follows: 23 (a) Subdivisions one and two do not apply to a criminal action wherein 24 the defendant is accused of an offense defined in sections 125.10, 25 125.15, 125.20, 125.25, 125.26 [and], 125.27 AND 125.28 of the penal 26 law. 27 S 18. Subdivision 1 of section 180.85 of the criminal procedure law, 28 as amended by chapter 93 of the laws of 2006, is amended to read as 29 follows: 30 1. After arraignment of a defendant upon a felony complaint, other 31 than a felony complaint charging an offense defined in section 125.10, 32 125.15, 125.20, 125.23, 125.25, 125.26 [or], 125.27 OR 125.28 of the 33 penal law, either party or the local criminal court or superior court 34 before which the action is pending, on its own motion, may move in 35 accordance with the provisions of this section for an order terminating 36 prosecution of the charges contained in such felony complaint on consent 37 of the parties. 38 S 19. Paragraph (h) of subdivision 3 of section 190.25 of the criminal 39 procedure law, as amended by chapter 347 of the laws of 2014, is amended 40 to read as follows: 41 (h) A social worker, rape crisis counselor, psychologist or other 42 professional providing emotional support to a child witness twelve years 43 old or younger, or a social worker or informal caregiver, as provided in 44 subdivision two of section two hundred six of the elder law, for a 45 vulnerable elderly person as provided in subdivision three of section 46 260.31 of the penal law, who is called to give evidence in a grand jury 47 proceeding concerning a crime defined in article one hundred twenty-one, 48 article one hundred thirty, article two hundred sixty, section 120.01, 49 120.10, 120.19, 120.19-A, 125.10, 125.15, 125.20, 125.23, 125.25, 50 125.26, 125.27, 125.28, 255.25, 255.26 [or], 255.27 OR 260.09 of the 51 penal law provided that the district attorney consents. Such support 52 person shall not provide the witness with an answer to any question or 53 otherwise participate in such proceeding and shall first take an oath 54 before the grand jury that he or she will keep secret all matters before 55 such grand jury within his or her knowledge. S. 2964 9 1 S 20. Paragraph (b) of subdivision 8 of section 700.05 of the criminal 2 procedure law, as amended by chapter 405 of the laws of 2010, is amended 3 to read as follows: 4 (b) Any of the following felonies: assault in the second degree as 5 defined in section 120.05 of the penal law, AGGRAVATED ABUSE OF A CHILD 6 IN THE THIRD DEGREE AS DEFINED IN SECTION 120.01 OF THE PENAL LAW, 7 AGGRAVATED ABUSE OF A CHILD IN THE SECOND DEGREE AS DEFINED IN SECTION 8 120.19 OF THE PENAL LAW, AGGRAVATED ABUSE OF A CHILD IN THE FIRST DEGREE 9 AS DEFINED IN SECTION 120.19-A OF THE PENAL LAW, assault in the first 10 degree as defined in section 120.10 of the penal law, reckless endanger- 11 ment in the first degree as defined in section 120.25 of the penal law, 12 promoting a suicide attempt as defined in section 120.30 of the penal 13 law, strangulation in the second degree as defined in section 121.12 of 14 the penal law, strangulation in the first degree as defined in section 15 121.13 of the penal law, criminally negligent homicide as defined in 16 section 125.10 of the penal law, manslaughter in the second degree as 17 defined in section 125.15 of the penal law, manslaughter in the first 18 degree as defined in section 125.20 of the penal law, AGGRAVATED 19 MANSLAUGHTER OF A CHILD AS DEFINED IN SECTION 125.23 OF THE PENAL LAW, 20 murder in the second degree as defined in section 125.25 of the penal 21 law, murder in the first degree as defined in section 125.27 of the 22 penal law, AGGRAVATED MURDER OF A CHILD AS DEFINED IN SECTION 125.28 OF 23 THE PENAL LAW, abortion in the second degree as defined in section 24 125.40 of the penal law, abortion in the first degree as defined in 25 section 125.45 of the penal law, rape in the third degree as defined in 26 section 130.25 of the penal law, rape in the second degree as defined in 27 section 130.30 of the penal law, rape in the first degree as defined in 28 section 130.35 of the penal law, criminal sexual act in the third degree 29 as defined in section 130.40 of the penal law, criminal sexual act in 30 the second degree as defined in section 130.45 of the penal law, crimi- 31 nal sexual act in the first degree as defined in section 130.50 of the 32 penal law, sexual abuse in the first degree as defined in section 130.65 33 of the penal law, unlawful imprisonment in the first degree as defined 34 in section 135.10 of the penal law, kidnapping in the second degree as 35 defined in section 135.20 of the penal law, kidnapping in the first 36 degree as defined in section 135.25 of the penal law, labor trafficking 37 as defined in section 135.35 of the penal law, custodial interference in 38 the first degree as defined in section 135.50 of the penal law, coercion 39 in the first degree as defined in section 135.65 of the penal law, crim- 40 inal trespass in the first degree as defined in section 140.17 of the 41 penal law, burglary in the third degree as defined in section 140.20 of 42 the penal law, burglary in the second degree as defined in section 43 140.25 of the penal law, burglary in the first degree as defined in 44 section 140.30 of the penal law, criminal mischief in the third degree 45 as defined in section 145.05 of the penal law, criminal mischief in the 46 second degree as defined in section 145.10 of the penal law, criminal 47 mischief in the first degree as defined in section 145.12 of the penal 48 law, criminal tampering in the first degree as defined in section 145.20 49 of the penal law, arson in the fourth degree as defined in section 50 150.05 of the penal law, arson in the third degree as defined in section 51 150.10 of the penal law, arson in the second degree as defined in 52 section 150.15 of the penal law, arson in the first degree as defined in 53 section 150.20 of the penal law, grand larceny in the fourth degree as 54 defined in section 155.30 of the penal law, grand larceny in the third 55 degree as defined in section 155.35 of the penal law, grand larceny in 56 the second degree as defined in section 155.40 of the penal law, grand S. 2964 10 1 larceny in the first degree as defined in section 155.42 of the penal 2 law, health care fraud in the fourth degree as defined in section 177.10 3 of the penal law, health care fraud in the third degree as defined in 4 section 177.15 of the penal law, health care fraud in the second degree 5 as defined in section 177.20 of the penal law, health care fraud in the 6 first degree as defined in section 177.25 of the penal law, robbery in 7 the third degree as defined in section 160.05 of the penal law, robbery 8 in the second degree as defined in section 160.10 of the penal law, 9 robbery in the first degree as defined in section 160.15 of the penal 10 law, unlawful use of secret scientific material as defined in section 11 165.07 of the penal law, criminal possession of stolen property in the 12 fourth degree as defined in section 165.45 of the penal law, criminal 13 possession of stolen property in the third degree as defined in section 14 165.50 of the penal law, criminal possession of stolen property in the 15 second degree as defined by section 165.52 of the penal law, criminal 16 possession of stolen property in the first degree as defined by section 17 165.54 of the penal law, trademark counterfeiting in the second degree 18 as defined in section 165.72 of the penal law, trademark counterfeiting 19 in the first degree as defined in section 165.73 of the penal law, 20 forgery in the second degree as defined in section 170.10 of the penal 21 law, forgery in the first degree as defined in section 170.15 of the 22 penal law, criminal possession of a forged instrument in the second 23 degree as defined in section 170.25 of the penal law, criminal 24 possession of a forged instrument in the first degree as defined in 25 section 170.30 of the penal law, criminal possession of forgery devices 26 as defined in section 170.40 of the penal law, falsifying business 27 records in the first degree as defined in section 175.10 of the penal 28 law, tampering with public records in the first degree as defined in 29 section 175.25 of the penal law, offering a false instrument for filing 30 in the first degree as defined in section 175.35 of the penal law, issu- 31 ing a false certificate as defined in section 175.40 of the penal law, 32 criminal diversion of prescription medications and prescriptions in the 33 second degree as defined in section 178.20 of the penal law, criminal 34 diversion of prescription medications and prescriptions in the first 35 degree as defined in section 178.25 of the penal law, residential mort- 36 gage fraud in the fourth degree as defined in section 187.10 of the 37 penal law, residential mortgage fraud in the third degree as defined in 38 section 187.15 of the penal law, residential mortgage fraud in the 39 second degree as defined in section 187.20 of the penal law, residential 40 mortgage fraud in the first degree as defined in section 187.25 of the 41 penal law, escape in the second degree as defined in section 205.10 of 42 the penal law, escape in the first degree as defined in section 205.15 43 of the penal law, absconding from temporary release in the first degree 44 as defined in section 205.17 of the penal law, promoting prison contra- 45 band in the first degree as defined in section 205.25 of the penal law, 46 hindering prosecution in the second degree as defined in section 205.60 47 of the penal law, hindering prosecution in the first degree as defined 48 in section 205.65 of the penal law, sex trafficking as defined in 49 section 230.34 of the penal law, criminal possession of a weapon in the 50 third degree as defined in subdivisions two, three and five of section 51 265.02 of the penal law, criminal possession of a weapon in the second 52 degree as defined in section 265.03 of the penal law, criminal 53 possession of a weapon in the first degree as defined in section 265.04 54 of the penal law, manufacture, transport, disposition and defacement of 55 weapons and dangerous instruments and appliances defined as felonies in 56 subdivisions one, two, and three of section 265.10 of the penal law, S. 2964 11 1 sections 265.11, 265.12 and 265.13 of the penal law, or prohibited use 2 of weapons as defined in subdivision two of section 265.35 of the penal 3 law, relating to firearms and other dangerous weapons, or failure to 4 disclose the origin of a recording in the first degree as defined in 5 section 275.40 of the penal law; 6 S 21. Paragraph (a) of subdivision 4 of section 509-cc of the vehicle 7 and traffic law, as amended by chapter 400 of the laws of 2011, is 8 amended to read as follows: 9 (a) The offenses referred to in subparagraph (ii) of paragraph (a) of 10 subdivision one and paragraph (a) of subdivision two of this section 11 that result in permanent disqualification shall include a conviction 12 under sections 125.12, 125.13, 125.14, 125.15, 125.20, 125.21, 125.22, 13 125.25, 125.26, 125.27, 130.30, 130.35, 130.45, 130.50, 130.65, 130.66, 14 130.67, 130.70, 130.75, 130.80, 130.90, 130.95, 130.96, 135.25, 150.20, 15 230.30, 230.32, 230.34, 235.22, 263.05, 263.10, 263.11, 263.15, 263.16 16 of the penal law or an attempt to commit any of the aforesaid offenses 17 under section 110.00 of the penal law, OR A CHILD ABUSE OFFENSE AS 18 DEFINED IN SUBDIVISION TWENTY-FOUR OF SECTION 10.00 OF THE PENAL LAW, or 19 any offenses committed under a former section of the penal law which 20 would constitute violations of the aforesaid sections of the penal law, 21 or any offenses committed outside this state which would constitute 22 violations of the aforesaid sections of the penal law. 23 S 22. Section 4-1.6 of the estates, powers and trusts law, as added by 24 chapter 481 of the laws of 1994, is amended to read as follows: 25 S 4-1.6 Disqualification of joint tenant in certain instances 26 Notwithstanding any other provision of law to the contrary, a joint 27 tenant convicted of murder in the second degree as defined in section 28 125.25 of the penal law or murder in the first degree as defined in 29 section 125.27 of the penal law OR AGGRAVATED MURDER OF A CHILD AS 30 DEFINED IN SECTION 125.28 OF THE PENAL LAW of another joint tenant shall 31 not be entitled to the distribution of any monies in a joint bank 32 account created or contributed to by the deceased joint tenant, except 33 for those monies contributed by the convicted joint tenant. 34 Upon the conviction of such joint tenant of first or second degree 35 murder and upon application by the prosecuting attorney, the court, as 36 part of its sentence, shall issue an order directing the amount of any 37 joint bank account to be distributed pursuant to the provisions of this 38 section from the convicted joint tenant and to the deceased joint 39 tenant's estate. The court and the prosecuting attorney shall each have 40 the power to subpoena records of a banking institution to determine the 41 amount of money in such bank account and by whom deposits were made. The 42 court shall also have the power to freeze such account upon application 43 by the prosecuting attorney during the pendency of a trial for first or 44 second degree murder. If, upon receipt of such court orders described in 45 this section, the banking institution holding monies in such joint 46 account complies with the terms of the order, such banking institution 47 shall be held free from all liability for the distribution of such funds 48 as were in such joint account. In the absence of actual or constructive 49 notice of such order, the banking institution holding monies in such 50 account shall be held harmless for distributing the money according to 51 its ordinary course of business. 52 For purposes of this section, the term banking institution shall have 53 the same meaning as provided for in paragraph (b) of subdivision three 54 of section nine-f of the banking law. S. 2964 12 1 S 23. Subparagraph 2 of paragraph (b) of subdivision 3 of section 2 358-a of the social services law, as added by chapter 7 of the laws of 3 1999, is amended to read as follows: 4 (2) the parent of such child has been convicted of (i) AGGRAVATED 5 MANSLAUGHTER OF A CHILD AS DEFINED IN SECTION 125.23 OR AGGRAVATED 6 MURDER OF A CHILD AS DEFINED IN SECTION 125.28 OR murder in the first 7 degree as defined in section 125.27 or murder in the second degree as 8 defined in section 125.25 of the penal law and the victim was another 9 child of the parent; or (ii) manslaughter in the first degree as defined 10 in section 125.20 or manslaughter in the second degree as defined in 11 section 125.15 of the penal law and the victim was another child of the 12 parent, provided, however, that the parent must have acted voluntarily 13 in committing such crime; 14 S 24. Clause (A) of subparagraph (iii) of paragraph (a) of subdivision 15 8 of section 384-b of the social services law, as amended by chapter 460 16 of the laws of 2006, is amended to read as follows: 17 (A) the parent of such child has been convicted of AGGRAVATED 18 MANSLAUGHTER OF A CHILD AS DEFINED IN SECTION 125.23, AGGRAVATED MURDER 19 OF A CHILD AS DEFINED IN SECTION 125.28, murder in the first degree as 20 defined in section 125.27, murder in the second degree as defined in 21 section 125.25, manslaughter in the first degree as defined in section 22 125.20, or manslaughter in the second degree as defined in section 23 125.15 OF THE PENAL LAW, and the victim of any such crime was another 24 child of the parent or another child for whose care such parent is or 25 has been legally responsible as defined in subdivision (g) of section 26 one thousand twelve of the family court act, or another parent of the 27 child, unless the convicted parent was a victim of physical, sexual or 28 psychological abuse by the decedent parent and such abuse was a factor 29 in causing the homicide; or has been convicted of an attempt to commit 30 any of the foregoing crimes, and the victim or intended victim was the 31 child or another child of the parent or another child for whose care 32 such parent is or has been legally responsible as defined in subdivision 33 (g) of section one thousand twelve of the family court act, or another 34 parent of the child, unless the convicted parent was a victim of phys- 35 ical, sexual or psychological abuse by the decedent parent and such 36 abuse was a factor in causing the attempted homicide; 37 S 25. This act shall take effect on the sixtieth day after it shall 38 have become a law.