S T A T E O F N E W Y O R K ________________________________________________________________________ 10026 I N A S S E M B L Y June 9, 2014 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Clark) -- read once and referred 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 17 IN SECTION 235.22; ABANDONMENT OF A CHILD AS DEFINED IN SECTION 260.00; 18 NON-SUPPORT OF A CHILD IN THE SECOND DEGREE AS DEFINED IN SECTION 19 260.05; NON-SUPPORT OF A CHILD IN THE FIRST DEGREE AS DEFINED IN SECTION EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04973-03-3 A. 10026 2 1 260.06; AGGRAVATED ENDANGERING THE WELFARE OF A CHILD AS DEFINED IN 2 SECTION 260.09; ENDANGERING THE WELFARE OF A CHILD AS DEFINED IN SECTION 3 260.10; UNLAWFULLY DEALING WITH A CHILD IN THE FIRST DEGREE AS DEFINED 4 IN SECTION 260.20; UNLAWFULLY DEALING WITH A CHILD IN THE SECOND DEGREE 5 AS DEFINED IN SECTION 260.21; OR AN OFFENSE DEFINED IN ARTICLE TWO 6 HUNDRED SIXTY-THREE OF THIS CHAPTER; OR 7 (B) AN OFFENSE DEFINED IN ARTICLE ONE HUNDRED TWENTY, ONE HUNDRED 8 TWENTY-FIVE, ONE HUNDRED THIRTY OR ONE HUNDRED THIRTY-FIVE OF THIS CHAP- 9 TER PROVIDED THE VICTIM OF SUCH OFFENSE IS LESS THAN FOURTEEN YEARS OF 10 AGE; OR 11 (C) AN ATTEMPT TO COMMIT AN OFFENSE LISTED IN PARAGRAPH (A) OR (B) OF 12 THIS SUBDIVISION; OR 13 (D) AN OFFENSE IN ANY OTHER JURISDICTION WHICH INCLUDES ALL OF THE 14 ESSENTIAL ELEMENTS OF ANY SUCH CRIME LISTED IN PARAGRAPH (A), (B) OR (C) 15 OF THIS SUBDIVISION. 16 S 3. Section 60.06 of the penal law, as amended by chapter 482 of the 17 laws of 2009, is amended to read as follows: 18 S 60.06 Authorized disposition; murder in the first degree offenders; 19 aggravated murder offenders; AGGRAVATED MURDER OF A CHILD 20 OFFENDERS; certain murder in the second degree offenders; 21 certain terrorism offenders; criminal possession of a chemical 22 weapon or biological weapon offenders; criminal use of a chem- 23 ical weapon or biological weapon offenders. 24 When a defendant is convicted of murder in the first degree as defined 25 in section 125.27 of this chapter, the court shall, in accordance with 26 the provisions of section 400.27 of the criminal procedure law, sentence 27 the defendant to death, to life imprisonment without parole in accord- 28 ance with subdivision five of section 70.00 of this title, or to a term 29 of imprisonment for a class A-I felony other than a sentence of life 30 imprisonment without parole, in accordance with subdivisions one through 31 three of section 70.00 of this title. When a person is convicted [of 32 murder in the second degree as defined in subdivision five of section 33 125.25 of this chapter or] of the crime of aggravated murder as defined 34 in subdivision one of section 125.26 of this chapter OR OF THE CRIME OF 35 AGGRAVATED MURDER OF A CHILD AS DEFINED IN SECTION 125.28 OF THIS CHAP- 36 TER, the court shall sentence the defendant to life imprisonment without 37 parole in accordance with subdivision five of section 70.00 of this 38 title. When a defendant is convicted of the crime of terrorism as 39 defined in section 490.25 of this chapter, and the specified offense the 40 defendant committed is a class A-I felony offense, or when a defendant 41 is convicted of the crime of criminal possession of a chemical weapon or 42 biological weapon in the first degree as defined in section 490.45 of 43 this chapter, or when a defendant is convicted of the crime of criminal 44 use of a chemical weapon or biological weapon in the first degree as 45 defined in section 490.55 of this chapter, the court shall sentence the 46 defendant to life imprisonment without parole in accordance with subdi- 47 vision five of section 70.00 of this title; provided, however, that 48 nothing in this section shall preclude or prevent a sentence of death 49 when the defendant is also convicted of murder in the first degree as 50 defined in section 125.27 of this chapter. When a defendant is convicted 51 of aggravated murder as defined in subdivision two of section 125.26 of 52 this chapter, the court shall sentence the defendant to life imprison- 53 ment without parole or to a term of imprisonment for a class A-I felony 54 other than a sentence of life imprisonment without parole, in accordance 55 with subdivisions one through three of section 70.00 of this title. A. 10026 3 1 S 4. Subparagraph (i) of paragraph (a) of subdivision 3 of section 2 70.00 of the penal law, as amended by chapter 107 of the laws of 2006, 3 is amended to read as follows: 4 (i) For a class A-I felony, such minimum period shall not be less than 5 fifteen years nor more than twenty-five years; provided, however, that 6 (A) where a sentence, other than a sentence of death or life imprison- 7 ment without parole, is imposed upon a defendant convicted of murder in 8 the first degree as defined in section 125.27 of this chapter such mini- 9 mum period shall be not less than twenty years nor more than twenty-five 10 years, and, (B) where a sentence is imposed upon a defendant [convicted 11 of murder in the second degree as defined in subdivision five of section 12 125.25 of this chapter or] convicted of aggravated murder as defined in 13 section 125.26 of this chapter OR CONVICTED OF AGGRAVATED MURDER OF A 14 CHILD AS DEFINED IN SECTION 125.28 OF THIS CHAPTER, the sentence shall 15 be life imprisonment without parole, and, (C) where a sentence is 16 imposed upon a defendant convicted of attempted murder in the first 17 degree as defined in article one hundred ten of this chapter and subpar- 18 agraph (i), (ii) or (iii) of paragraph (a) of subdivision one and para- 19 graph (b) of subdivision one of section 125.27 of this chapter or 20 attempted aggravated murder as defined in article one hundred ten of 21 this chapter and section 125.26 of this chapter OR ATTEMPTED AGGRAVATED 22 MURDER OF A CHILD AS DEFINED IN ARTICLE ONE HUNDRED TEN OF THIS CHAPTER 23 AND SECTION 125.28 OF THIS CHAPTER such minimum period shall be not less 24 than twenty years nor more than forty years. 25 S 5. Subdivision 5 of section 70.00 of the penal law, as amended by 26 chapter 482 of the laws of 2009, is amended to read as follows: 27 5. Life imprisonment without parole. Notwithstanding any other 28 provision of law, a defendant sentenced to life imprisonment without 29 parole shall not be or become eligible for parole or conditional 30 release. For purposes of commitment and custody, other than parole and 31 conditional release, such sentence shall be deemed to be an indetermi- 32 nate sentence. A defendant may be sentenced to life imprisonment with- 33 out parole upon conviction for the crime of murder in the first degree 34 as defined in section 125.27 of this chapter and in accordance with the 35 procedures provided by law for imposing a sentence for such crime. A 36 defendant must be sentenced to life imprisonment without parole upon 37 conviction for the crime of terrorism as defined in section 490.25 of 38 this chapter, where the specified offense the defendant committed is a 39 class A-I felony; the crime of criminal possession of a chemical weapon 40 or biological weapon in the first degree as defined in section 490.45 of 41 this chapter; or the crime of criminal use of a chemical weapon or 42 biological weapon in the first degree as defined in section 490.55 of 43 this chapter; provided, however, that nothing in this subdivision shall 44 preclude or prevent a sentence of death when the defendant is also 45 convicted of the crime of murder in the first degree as defined in 46 section 125.27 of this chapter. A defendant must be sentenced to life 47 imprisonment without parole upon conviction [for the crime of murder in 48 the second degree as defined in subdivision five of section 125.25 of 49 this chapter or] for the crime of aggravated murder as defined in subdi- 50 vision one of section 125.26 of this chapter OR FOR THE CRIME OF AGGRA- 51 VATED MURDER OF A CHILD AS DEFINED IN SECTION 125.28 OF THIS CHAPTER. A 52 defendant may be sentenced to life imprisonment without parole upon 53 conviction for the crime of aggravated murder as defined in subdivision 54 two of section 125.26 of this chapter. 55 S 6. Paragraphs (a), (b) and (c) of subdivision 1 of section 70.02 of 56 the penal law, paragraph (a) as amended by chapter 320 of the laws of A. 10026 4 1 2006 and paragraphs (b) and (c) as amended by chapter 1 of the laws of 2 2013, are amended to read as follows: 3 (a) Class B violent felony offenses: an attempt to commit the class 4 A-I felonies of murder in the second degree as defined in section 5 125.25, kidnapping in the first degree as defined in section 135.25, and 6 arson in the first degree as defined in section 150.20; manslaughter in 7 the first degree as defined in section 125.20, aggravated manslaughter 8 in the first degree as defined in section 125.22, AGGRAVATED MANSLAUGHT- 9 ER OF A CHILD AS DEFINED IN SECTION 125.23, rape in the first degree as 10 defined in section 130.35, criminal sexual act in the first degree as 11 defined in section 130.50, aggravated sexual abuse in the first degree 12 as defined in section 130.70, course of sexual conduct against a child 13 in the first degree as defined in section 130.75; assault in the first 14 degree as defined in section 120.10, kidnapping in the second degree as 15 defined in section 135.20, burglary in the first degree as defined in 16 section 140.30, arson in the second degree as defined in section 150.15, 17 robbery in the first degree as defined in section 160.15, incest in the 18 first degree as defined in section 255.27, criminal possession of a 19 weapon in the first degree as defined in section 265.04, criminal use of 20 a firearm in the first degree as defined in section 265.09, criminal 21 sale of a firearm in the first degree as defined in section 265.13, 22 aggravated assault upon a police officer or a peace officer as defined 23 in section 120.11, gang assault in the first degree as defined in 24 section 120.07, intimidating a victim or witness in the first degree as 25 defined in section 215.17, hindering prosecution of terrorism in the 26 first degree as defined in section 490.35, criminal possession of a 27 chemical weapon or biological weapon in the second degree as defined in 28 section 490.40, and criminal use of a chemical weapon or biological 29 weapon in the third degree as defined in section 490.47. 30 (b) Class C violent felony offenses: an attempt to commit any of the 31 class B felonies set forth in paragraph (a) of this subdivision; aggra- 32 vated criminally negligent homicide as defined in section 125.11, aggra- 33 vated manslaughter in the second degree as defined in section 125.21, 34 aggravated sexual abuse in the second degree as defined in section 35 130.67, assault on a peace officer, police officer, fireman or emergency 36 medical services professional as defined in section 120.08, assault on a 37 judge as defined in section 120.09, gang assault in the second degree as 38 defined in section 120.06, AGGRAVATED ABUSE OF A CHILD IN THE FIRST 39 DEGREE AS DEFINED IN SECTION 120.19-A, strangulation in the first degree 40 as defined in section 121.13, burglary in the second degree as defined 41 in section 140.25, robbery in the second degree as defined in section 42 160.10, criminal possession of a weapon in the second degree as defined 43 in section 265.03, criminal use of a firearm in the second degree as 44 defined in section 265.08, criminal sale of a firearm in the second 45 degree as defined in section 265.12, criminal sale of a firearm with the 46 aid of a minor as defined in section 265.14, aggravated criminal 47 possession of a weapon as defined in section 265.19, soliciting or 48 providing support for an act of terrorism in the first degree as defined 49 in section 490.15, hindering prosecution of terrorism in the second 50 degree as defined in section 490.30, and criminal possession of a chemi- 51 cal weapon or biological weapon in the third degree as defined in 52 section 490.37. 53 (c) Class D violent felony offenses: an attempt to commit any of the 54 class C felonies set forth in paragraph (b); reckless assault of a child 55 as defined in section 120.02, assault in the second degree as defined in 56 section 120.05, AGGRAVATED ABUSE OF A CHILD IN THE SECOND DEGREE AS A. 10026 5 1 DEFINED IN SECTION 120.19, menacing a police officer or peace officer as 2 defined in section 120.18, stalking in the first degree, as defined in 3 subdivision one of section 120.60, strangulation in the second degree as 4 defined in section 121.12, rape in the second degree as defined in 5 section 130.30, criminal sexual act in the second degree as defined in 6 section 130.45, sexual abuse in the first degree as defined in section 7 130.65, course of sexual conduct against a child in the second degree as 8 defined in section 130.80, aggravated sexual abuse in the third degree 9 as defined in section 130.66, facilitating a sex offense with a 10 controlled substance as defined in section 130.90, criminal possession 11 of a weapon in the third degree as defined in subdivision five, six, 12 seven, eight, nine or ten of section 265.02, criminal sale of a firearm 13 in the third degree as defined in section 265.11, intimidating a victim 14 or witness in the second degree as defined in section 215.16, soliciting 15 or providing support for an act of terrorism in the second degree as 16 defined in section 490.10, and making a terroristic threat as defined in 17 section 490.20, falsely reporting an incident in the first degree as 18 defined in section 240.60, placing a false bomb or hazardous substance 19 in the first degree as defined in section 240.62, placing a false bomb 20 or hazardous substance in a sports stadium or arena, mass transportation 21 facility or enclosed shopping mall as defined in section 240.63, and 22 aggravated unpermitted use of indoor pyrotechnics in the first degree as 23 defined in section 405.18. 24 S 7. Subdivision 1 of section 110.05 of the penal law, as amended by 25 chapter 93 of the laws of 2006, is amended to read as follows: 26 1. Class A-I felony when the crime attempted is the A-I felony of 27 murder in the first degree, aggravated murder as defined in subdivision 28 one of section 125.26 of this chapter, AGGRAVATED MURDER OF A CHILD, 29 criminal possession of a controlled substance in the first degree, crim- 30 inal sale of a controlled substance in the first degree, criminal 31 possession of a chemical or biological weapon in the first degree or 32 criminal use of a chemical or biological weapon in the first degree; 33 S 8. Section 120.01 of the penal law, as added by chapter 600 of the 34 laws of 1998, is amended to read as follows: 35 S 120.01 [Reckless assault] AGGRAVATED ABUSE of a child [by a child day 36 care provider] IN THE THIRD DEGREE. 37 A person is guilty of [reckless assault] AGGRAVATED ABUSE of a child 38 IN THE THIRD DEGREE when, being [a child day care provider or an employ- 39 ee thereof] EIGHTEEN YEARS OLD OR MORE, AND BEING A PARENT, GUARDIAN OR 40 OTHER PERSON LEGALLY CHARGED WITH THE CUSTODY OF, OR LEGALLY RESPONSIBLE 41 FOR THE CARE OF, A CHILD LESS THAN FOURTEEN YEARS OLD, OR BEING A PERSON 42 IN A POSITION OF TRUST OF A CHILD LESS THAN FOURTEEN YEARS OLD, he or 43 she recklessly causes [serious] physical injury to [a] SUCH child [under 44 the care of such provider or employee who is less than eleven years of 45 age]. 46 [Reckless assault] AGGRAVATED ABUSE of a child [by a child day care 47 provider] IN THE THIRD DEGREE is a class E felony. 48 S 9. The penal law is amended by adding two new sections 120.19 and 49 120.19-a to read as follows: 50 S 120.19 AGGRAVATED ABUSE OF A CHILD IN THE SECOND DEGREE. 51 A PERSON IS GUILTY OF AGGRAVATED ABUSE OF A CHILD IN THE SECOND DEGREE 52 WHEN BEING EIGHTEEN YEARS OLD OR MORE, AND BEING A PARENT, GUARDIAN OR 53 OTHER PERSON LEGALLY CHARGED WITH THE CUSTODY OF, OR LEGALLY RESPONSIBLE 54 FOR THE CARE OF, A CHILD LESS THAN FOURTEEN YEARS OLD, OR BEING A PERSON 55 IN A POSITION OF TRUST OF A CHILD LESS THAN FOURTEEN YEARS OLD, HE OR 56 SHE: A. 10026 6 1 1. WITH INTENT TO CAUSE PHYSICAL INJURY TO ANOTHER PERSON, CAUSES 2 PHYSICAL INJURY TO SUCH CHILD; OR 3 2. RECKLESSLY ENGAGES IN CONDUCT WHICH CREATES A GRAVE RISK OF SERIOUS 4 PHYSICAL INJURY OR DEATH TO SUCH CHILD AND THEREBY CAUSES SERIOUS PHYS- 5 ICAL INJURY TO SUCH CHILD; OR 6 3. COMMITS THE CRIME OF AGGRAVATED ABUSE OF A CHILD IN THE THIRD 7 DEGREE AS DEFINED IN SECTION 120.01 OF THIS ARTICLE AND PREVIOUSLY HAS 8 BEEN CONVICTED OF A CHILD ABUSE OFFENSE. 9 AGGRAVATED ABUSE OF A CHILD IN THE SECOND DEGREE IS A CLASS D FELONY. 10 S 120.19-A AGGRAVATED ABUSE OF A CHILD IN THE FIRST DEGREE. 11 A PERSON IS GUILTY OF AGGRAVATED ABUSE OF A CHILD IN THE FIRST DEGREE 12 WHEN BEING EIGHTEEN YEARS OLD OR MORE, AND BEING A PARENT, GUARDIAN OR 13 OTHER PERSON LEGALLY CHARGED WITH THE CUSTODY OF, OR LEGALLY RESPONSIBLE 14 FOR THE CARE OF, A CHILD LESS THAN FOURTEEN YEARS OLD, OR BEING A PERSON 15 IN A POSITION OF TRUST OF A CHILD LESS THAN FOURTEEN YEARS OLD, HE OR 16 SHE: 17 1. WITH INTENT TO CAUSE SERIOUS PHYSICAL INJURY TO ANOTHER PERSON, 18 CAUSES SERIOUS PHYSICAL INJURY TO SUCH CHILD; OR 19 2. RECKLESSLY ENGAGES IN VIOLENT SHAKING OF SUCH CHILD AND THEREBY 20 CAUSES SERIOUS PHYSICAL INJURY TO SUCH CHILD AND SUCH CHILD IS LESS THAN 21 FIVE YEARS OLD; OR 22 3. RECKLESSLY ENGAGES IN CONDUCT WHICH CREATES A GRAVE RISK OF SERIOUS 23 PHYSICAL INJURY OR DEATH TO SUCH CHILD AND THEREBY CAUSES SERIOUS PHYS- 24 ICAL INJURY TO SUCH CHILD, AND: 25 (A) HAS PREVIOUSLY BEEN CONVICTED OF A CHILD ABUSE OFFENSE; OR 26 (B) AS PART OF THE SAME TRANSACTION, RECKLESSLY ENGAGES IN CONDUCT 27 WHICH CREATES A GRAVE RISK OF SERIOUS PHYSICAL INJURY OR DEATH TO ANOTH- 28 ER CHILD LESS THAN FOURTEEN YEARS OLD AND THEREBY CAUSES SERIOUS PHYS- 29 ICAL INJURY TO SUCH OTHER CHILD; OR 30 (C) CAUSES SUCH INJURY BY MEANS OF A DEADLY WEAPON OR DANGEROUS 31 INSTRUMENT; OR 32 (D) ON AT LEAST ONE OTHER OCCASION, RECKLESSLY ENGAGED IN CONDUCT 33 WHICH CREATED A GRAVE RISK OF SERIOUS PHYSICAL INJURY OR DEATH TO A 34 CHILD LESS THAN FOURTEEN YEARS OLD AND THEREBY CAUSED SERIOUS PHYSICAL 35 INJURY TO SUCH CHILD. 36 AGGRAVATED ABUSE OF A CHILD IN THE FIRST DEGREE IS A CLASS C FELONY. 37 S 10. The penal law is amended by adding two new sections 125.23 and 38 125.28 to read as follows: 39 S 125.23 AGGRAVATED MANSLAUGHTER OF A CHILD. 40 A PERSON IS GUILTY OF AGGRAVATED MANSLAUGHTER OF A CHILD WHEN, BEING 41 EIGHTEEN YEARS OLD OR MORE, AND BEING A PARENT, GUARDIAN OR OTHER PERSON 42 LEGALLY CHARGED WITH THE CUSTODY OF, OR LEGALLY RESPONSIBLE FOR THE CARE 43 OF, A CHILD LESS THAN FOURTEEN YEARS OLD, OR BEING A PERSON IN A POSI- 44 TION OF TRUST OF A CHILD LESS THAN FOURTEEN YEARS OLD, HE OR SHE RECK- 45 LESSLY ENGAGES IN CONDUCT WHICH CREATES A GRAVE RISK OF SERIOUS PHYSICAL 46 INJURY OR DEATH TO SUCH CHILD AND THEREBY CAUSES THE DEATH OF SUCH 47 CHILD. 48 AGGRAVATED MANSLAUGHTER OF A CHILD IS A CLASS B FELONY. 49 S 125.28 AGGRAVATED MURDER OF A CHILD. 50 A PERSON IS GUILTY OF AGGRAVATED MURDER OF A CHILD WHEN: 51 1. WITH INTENT TO CAUSE THE DEATH OF A CHILD LESS THAN FOURTEEN YEARS 52 OLD, AND BEING EIGHTEEN YEARS OLD OR MORE, AND BEING THE PARENT, GUARDI- 53 AN OR OTHER PERSON LEGALLY CHARGED WITH THE CUSTODY OF, OR LEGALLY 54 RESPONSIBLE FOR THE CARE OF, SUCH CHILD, OR BEING A PERSON IN A POSITION 55 OF TRUST OF A CHILD LESS THAN FOURTEEN YEARS OLD, HE OR SHE CAUSES THE 56 DEATH OF SUCH CHILD; OR A. 10026 7 1 2. UNDER CIRCUMSTANCES EVINCING A DEPRAVED INDIFFERENCE TO HUMAN LIFE, 2 AND BEING EIGHTEEN YEARS OLD OR MORE, AND BEING THE PARENT, GUARDIAN OR 3 OTHER PERSON LEGALLY CHARGED WITH THE CUSTODY OF, OR LEGALLY RESPONSIBLE 4 FOR THE CARE OF, A CHILD LESS THAN FOURTEEN YEARS OLD, OR BEING A PERSON 5 IN A POSITION OF TRUST OF A CHILD LESS THAN FOURTEEN YEARS OLD, HE OR 6 SHE RECKLESSLY ENGAGES IN CONDUCT WHICH CREATES A GRAVE RISK OF SERIOUS 7 PHYSICAL INJURY OR DEATH TO SUCH CHILD AND THEREBY CAUSES THE DEATH OF 8 SUCH CHILD; OR 9 3. BEING EIGHTEEN YEARS OLD OR MORE, WHILE IN THE COURSE OF COMMITTING 10 RAPE IN THE FIRST, SECOND OR THIRD DEGREE, CRIMINAL SEXUAL ACT IN THE 11 FIRST, SECOND OR THIRD DEGREE, AGGRAVATED SEXUAL ABUSE IN THE FIRST, 12 SECOND, THIRD OR FOURTH DEGREE, OR INCEST AGAINST A CHILD LESS THAN 13 FOURTEEN YEARS OLD, HE OR SHE INTENTIONALLY CAUSES THE DEATH OF SUCH 14 CHILD. 15 AGGRAVATED MURDER OF A CHILD IS A CLASS A-I FELONY. 16 S 11. Subdivision 4 of section 125.25 of the penal law, as amended by 17 chapter 459 of the laws of 2004, is amended to read as follows: 18 4. Under circumstances evincing a depraved indifference to human life, 19 and being eighteen years old or more the defendant recklessly engages in 20 conduct which creates a grave risk of serious physical injury or death 21 to another person less than eleven years old and thereby causes the 22 death of such person[; or]. 23 S 12. Subdivision 5 of section 125.25 of the penal law is REPEALED. 24 S 13. Subparagraph (ix) of paragraph (a) of subdivision 1 of section 25 125.27 of the penal law, as added by chapter 1 of the laws of 1995, is 26 amended to read as follows: 27 (ix) prior to committing the killing, the defendant had been convicted 28 of murder as defined in this section or section 125.25 of this article 29 OR CONVICTED OF AGGRAVATED MURDER OF A CHILD AS DEFINED IN SECTION 30 125.28 OF THIS ARTICLE, or had been convicted in another jurisdiction of 31 an offense which, if committed in this state, would constitute a 32 violation of [either of such] THE AFOREMENTIONED sections; or 33 S 14. The penal law is amended by adding a new section 190.17 to read 34 as follows: 35 S 190.17 OBSTRUCTING THE LOCATION OF A MISSING CHILD. 36 A PERSON IS GUILTY OF OBSTRUCTING THE LOCATION OF A MISSING CHILD 37 WHEN HE OR SHE KNOWINGLY PROVIDES FALSE INFORMATION TO LAW ENFORCEMENT 38 OFFICIALS AS TO THE WHEREABOUTS OF A CHILD LESS THAN FOURTEEN YEARS OLD 39 WHO HAS BEEN REPORTED MISSING, OR WHOSE WHEREABOUTS HAS BEEN UNKNOWN FOR 40 MORE THAN TWENTY-FOUR HOURS. 41 OBSTRUCTING THE LOCATION OF A MISSING CHILD IS A CLASS E FELONY. 42 S 15. The penal law is amended by adding a new section 190.18 to read 43 as follows: 44 S 190.18 CONCEALMENT OF A DEATH. 45 A PERSON IS GUILTY OF CONCEALMENT OF A DEATH WHEN HE OR SHE KNOWINGLY 46 MOVES OR OTHERWISE CONCEALS A HUMAN CORPSE SO THAT DISCOVERY OF THE 47 DEATH OF SUCH PERSON WILL BE HINDERED. 48 CONCEALMENT OF A DEATH IS A CLASS D FELONY. 49 S 16. The penal law is amended by adding a new section 260.09 to read 50 as follows: 51 S 260.09 AGGRAVATED ENDANGERING THE WELFARE OF A CHILD. 52 A PERSON IS GUILTY OF AGGRAVATED ENDANGERING THE WELFARE OF A CHILD 53 WHEN, BEING EIGHTEEN YEARS OLD OR MORE, AND BEING A PARENT, GUARDIAN OR 54 OTHER PERSON LEGALLY CHARGED WITH THE CUSTODY OF, OR LEGALLY RESPONSIBLE 55 FOR THE CARE OF, A CHILD LESS THAN FOURTEEN YEARS OLD, OR BEING A PERSON 56 IN A POSITION OF TRUST OF A CHILD LESS THEN FOURTEEN YEARS OLD, HE OR A. 10026 8 1 SHE KNOWINGLY ACTS IN A MANNER LIKELY TO BE INJURIOUS TO THE PHYSICAL, 2 MENTAL OR MORAL WELFARE OF SUCH CHILD, AND: 3 1. PREVIOUSLY HAS BEEN CONVICTED OF A CHILD ABUSE OFFENSE; OR 4 2. SUCH CONDUCT CONSISTS OF TWO OR MORE ACTS OF CRUELTY AGAINST SUCH 5 CHILD. FOR PURPOSES OF THIS SUBDIVISION, "CRUELTY" MEANS CONDUCT WHICH 6 (A) CAUSES EXTREME PHYSICAL PAIN, OR (B) WHICH IS CARRIED OUT IN AN 7 ESPECIALLY VICIOUS OR SADISTIC MANNER; OR 8 3. SUCH CONDUCT CONSISTS OF FAILING TO REPORT TO LAW ENFORCEMENT WHEN 9 THE WHEREABOUTS OF SUCH CHILD HAS BEEN UNKNOWN BY SUCH PERSON FOR MORE 10 THAN TWENTY-FOUR HOURS. FOR THE PURPOSES OF THIS SECTION, A PARENT, 11 GUARDIAN OR OTHER PERSON LEGALLY CHARGED WITH THE CUSTODY OF, OR LEGALLY 12 RESPONSIBLE FOR THE CARE OF A CHILD UNDER THE AGE OF ELEVEN IS DEEMED TO 13 BE ACTING IN A MANNER LIKELY TO BE INJURIOUS TO THE PHYSICAL, MENTAL OR 14 MORAL WELFARE OF SUCH CHILD IF SUCH CHILD'S WHEREABOUTS IS UNKNOWN BY 15 SUCH PERSON FOR MORE THAN TWENTY-FOUR HOURS. 16 AGGRAVATED ENDANGERING THE WELFARE OF A CHILD IS A CLASS E FELONY. 17 S 17. Paragraph (a) of subdivision 3 of section 30.30 of the criminal 18 procedure law, as amended by chapter 93 of the laws of 2006, is amended 19 to read as follows: 20 (a) Subdivisions one and two do not apply to a criminal action wherein 21 the defendant is accused of an offense defined in sections 125.10, 22 125.15, 125.20, 125.25, 125.26 [and], 125.27 AND 125.28 of the penal 23 law. 24 S 18. Subdivision 1 of section 180.85 of the criminal procedure law, 25 as amended by chapter 93 of the laws of 2006, is amended to read as 26 follows: 27 1. After arraignment of a defendant upon a felony complaint, other 28 than a felony complaint charging an offense defined in section 125.10, 29 125.15, 125.20, 125.23, 125.25, 125.26 [or], 125.27 OR 125.28 of the 30 penal law, either party or the local criminal court or superior court 31 before which the action is pending, on its own motion, may move in 32 accordance with the provisions of this section for an order terminating 33 prosecution of the charges contained in such felony complaint on consent 34 of the parties. 35 S 19. Paragraph (h) of subdivision 3 of section 190.25 of the criminal 36 procedure law, as amended by chapter 405 of the laws of 2010, is amended 37 to read as follows: 38 (h) A social worker, rape crisis counselor, psychologist or other 39 professional providing emotional support to a child witness twelve years 40 old or younger who is called to give evidence in a grand jury proceeding 41 concerning a crime defined in article one hundred twenty-one, article 42 one hundred thirty, article two hundred sixty, section 120.01, 120.10, 43 120.19, 120.19-A, 125.10, 125.15, 125.20, 125.23, 125.25, 125.26, 44 125.27, 125.28, 255.25, 255.26 [or], 255.27 OR 260.09 of the penal law 45 provided that the district attorney consents. Such support person shall 46 not provide the witness with an answer to any question or otherwise 47 participate in such proceeding and shall first take an oath before the 48 grand jury that he or she will keep secret all matters before such grand 49 jury within his or her knowledge. 50 S 20. Paragraph (b) of subdivision 8 of section 700.05 of the criminal 51 procedure law, as amended by chapter 405 of the laws of 2010, is amended 52 to read as follows: 53 (b) Any of the following felonies: assault in the second degree as 54 defined in section 120.05 of the penal law, AGGRAVATED ABUSE OF A CHILD 55 IN THE THIRD DEGREE AS DEFINED IN SECTION 120.01 OF THE PENAL LAW, 56 AGGRAVATED ABUSE OF A CHILD IN THE SECOND DEGREE AS DEFINED IN SECTION A. 10026 9 1 120.19 OF THE PENAL LAW, AGGRAVATED ABUSE OF A CHILD IN THE FIRST DEGREE 2 AS DEFINED IN SECTION 120.19-A OF THE PENAL LAW, assault in the first 3 degree as defined in section 120.10 of the penal law, reckless endanger- 4 ment in the first degree as defined in section 120.25 of the penal law, 5 promoting a suicide attempt as defined in section 120.30 of the penal 6 law, strangulation in the second degree as defined in section 121.12 of 7 the penal law, strangulation in the first degree as defined in section 8 121.13 of the penal law, criminally negligent homicide as defined in 9 section 125.10 of the penal law, manslaughter in the second degree as 10 defined in section 125.15 of the penal law, manslaughter in the first 11 degree as defined in section 125.20 of the penal law, AGGRAVATED 12 MANSLAUGHTER OF A CHILD AS DEFINED IN SECTION 125.23 OF THE PENAL LAW, 13 murder in the second degree as defined in section 125.25 of the penal 14 law, murder in the first degree as defined in section 125.27 of the 15 penal law, AGGRAVATED MURDER OF A CHILD AS DEFINED IN SECTION 125.28 OF 16 THE PENAL LAW, abortion in the second degree as defined in section 17 125.40 of the penal law, abortion in the first degree as defined in 18 section 125.45 of the penal law, rape in the third degree as defined in 19 section 130.25 of the penal law, rape in the second degree as defined in 20 section 130.30 of the penal law, rape in the first degree as defined in 21 section 130.35 of the penal law, criminal sexual act in the third degree 22 as defined in section 130.40 of the penal law, criminal sexual act in 23 the second degree as defined in section 130.45 of the penal law, crimi- 24 nal sexual act in the first degree as defined in section 130.50 of the 25 penal law, sexual abuse in the first degree as defined in section 130.65 26 of the penal law, unlawful imprisonment in the first degree as defined 27 in section 135.10 of the penal law, kidnapping in the second degree as 28 defined in section 135.20 of the penal law, kidnapping in the first 29 degree as defined in section 135.25 of the penal law, labor trafficking 30 as defined in section 135.35 of the penal law, custodial interference in 31 the first degree as defined in section 135.50 of the penal law, coercion 32 in the first degree as defined in section 135.65 of the penal law, crim- 33 inal trespass in the first degree as defined in section 140.17 of the 34 penal law, burglary in the third degree as defined in section 140.20 of 35 the penal law, burglary in the second degree as defined in section 36 140.25 of the penal law, burglary in the first degree as defined in 37 section 140.30 of the penal law, criminal mischief in the third degree 38 as defined in section 145.05 of the penal law, criminal mischief in the 39 second degree as defined in section 145.10 of the penal law, criminal 40 mischief in the first degree as defined in section 145.12 of the penal 41 law, criminal tampering in the first degree as defined in section 145.20 42 of the penal law, arson in the fourth degree as defined in section 43 150.05 of the penal law, arson in the third degree as defined in section 44 150.10 of the penal law, arson in the second degree as defined in 45 section 150.15 of the penal law, arson in the first degree as defined in 46 section 150.20 of the penal law, grand larceny in the fourth degree as 47 defined in section 155.30 of the penal law, grand larceny in the third 48 degree as defined in section 155.35 of the penal law, grand larceny in 49 the second degree as defined in section 155.40 of the penal law, grand 50 larceny in the first degree as defined in section 155.42 of the penal 51 law, health care fraud in the fourth degree as defined in section 177.10 52 of the penal law, health care fraud in the third degree as defined in 53 section 177.15 of the penal law, health care fraud in the second degree 54 as defined in section 177.20 of the penal law, health care fraud in the 55 first degree as defined in section 177.25 of the penal law, robbery in 56 the third degree as defined in section 160.05 of the penal law, robbery A. 10026 10 1 in the second degree as defined in section 160.10 of the penal law, 2 robbery in the first degree as defined in section 160.15 of the penal 3 law, unlawful use of secret scientific material as defined in section 4 165.07 of the penal law, criminal possession of stolen property in the 5 fourth degree as defined in section 165.45 of the penal law, criminal 6 possession of stolen property in the third degree as defined in section 7 165.50 of the penal law, criminal possession of stolen property in the 8 second degree as defined by section 165.52 of the penal law, criminal 9 possession of stolen property in the first degree as defined by section 10 165.54 of the penal law, trademark counterfeiting in the second degree 11 as defined in section 165.72 of the penal law, trademark counterfeiting 12 in the first degree as defined in section 165.73 of the penal law, 13 forgery in the second degree as defined in section 170.10 of the penal 14 law, forgery in the first degree as defined in section 170.15 of the 15 penal law, criminal possession of a forged instrument in the second 16 degree as defined in section 170.25 of the penal law, criminal 17 possession of a forged instrument in the first degree as defined in 18 section 170.30 of the penal law, criminal possession of forgery devices 19 as defined in section 170.40 of the penal law, falsifying business 20 records in the first degree as defined in section 175.10 of the penal 21 law, tampering with public records in the first degree as defined in 22 section 175.25 of the penal law, offering a false instrument for filing 23 in the first degree as defined in section 175.35 of the penal law, issu- 24 ing a false certificate as defined in section 175.40 of the penal law, 25 criminal diversion of prescription medications and prescriptions in the 26 second degree as defined in section 178.20 of the penal law, criminal 27 diversion of prescription medications and prescriptions in the first 28 degree as defined in section 178.25 of the penal law, residential mort- 29 gage fraud in the fourth degree as defined in section 187.10 of the 30 penal law, residential mortgage fraud in the third degree as defined in 31 section 187.15 of the penal law, residential mortgage fraud in the 32 second degree as defined in section 187.20 of the penal law, residential 33 mortgage fraud in the first degree as defined in section 187.25 of the 34 penal law, escape in the second degree as defined in section 205.10 of 35 the penal law, escape in the first degree as defined in section 205.15 36 of the penal law, absconding from temporary release in the first degree 37 as defined in section 205.17 of the penal law, promoting prison contra- 38 band in the first degree as defined in section 205.25 of the penal law, 39 hindering prosecution in the second degree as defined in section 205.60 40 of the penal law, hindering prosecution in the first degree as defined 41 in section 205.65 of the penal law, sex trafficking as defined in 42 section 230.34 of the penal law, criminal possession of a weapon in the 43 third degree as defined in subdivisions two, three and five of section 44 265.02 of the penal law, criminal possession of a weapon in the second 45 degree as defined in section 265.03 of the penal law, criminal 46 possession of a weapon in the first degree as defined in section 265.04 47 of the penal law, manufacture, transport, disposition and defacement of 48 weapons and dangerous instruments and appliances defined as felonies in 49 subdivisions one, two, and three of section 265.10 of the penal law, 50 sections 265.11, 265.12 and 265.13 of the penal law, or prohibited use 51 of weapons as defined in subdivision two of section 265.35 of the penal 52 law, relating to firearms and other dangerous weapons, or failure to 53 disclose the origin of a recording in the first degree as defined in 54 section 275.40 of the penal law; A. 10026 11 1 S 21. Paragraph (a) of subdivision 4 of section 509-cc of the vehicle 2 and traffic law, as amended by chapter 400 of the laws of 2011, is 3 amended to read as follows: 4 (a) The offenses referred to in subparagraph (ii) of paragraph (a) of 5 subdivision one and paragraph (a) of subdivision two of this section 6 that result in permanent disqualification shall include a conviction 7 under sections 125.12, 125.13, 125.14, 125.15, 125.20, 125.21, 125.22, 8 125.25, 125.26, 125.27, 130.30, 130.35, 130.45, 130.50, 130.65, 130.66, 9 130.67, 130.70, 130.75, 130.80, 130.90, 130.95, 130.96, 135.25, 150.20, 10 230.30, 230.32, 230.34, 235.22, 263.05, 263.10, 263.11, 263.15, 263.16 11 of the penal law or an attempt to commit any of the aforesaid offenses 12 under section 110.00 of the penal law, OR A CHILD ABUSE OFFENSE AS 13 DEFINED IN SUBDIVISION TWENTY-THREE OF SECTION 10.00 OF THE PENAL LAW, 14 or any offenses committed under a former section of the penal law which 15 would constitute violations of the aforesaid sections of the penal law, 16 or any offenses committed outside this state which would constitute 17 violations of the aforesaid sections of the penal law. 18 S 22. Section 4-1.6 of the estates, powers and trusts law, as added by 19 chapter 481 of the laws of 1994, is amended to read as follows: 20 S 4-1.6 Disqualification of joint tenant in certain instances 21 Notwithstanding any other provision of law to the contrary, a joint 22 tenant convicted of murder in the second degree as defined in section 23 125.25 of the penal law or murder in the first degree as defined in 24 section 125.27 of the penal law OR AGGRAVATED MURDER OF A CHILD AS 25 DEFINED IN SECTION 125.28 OF THE PENAL LAW of another joint tenant shall 26 not be entitled to the distribution of any monies in a joint bank 27 account created or contributed to by the deceased joint tenant, except 28 for those monies contributed by the convicted joint tenant. 29 Upon the conviction of such joint tenant of first or second degree 30 murder and upon application by the prosecuting attorney, the court, as 31 part of its sentence, shall issue an order directing the amount of any 32 joint bank account to be distributed pursuant to the provisions of this 33 section from the convicted joint tenant and to the deceased joint 34 tenant's estate. The court and the prosecuting attorney shall each have 35 the power to subpoena records of a banking institution to determine the 36 amount of money in such bank account and by whom deposits were made. The 37 court shall also have the power to freeze such account upon application 38 by the prosecuting attorney during the pendency of a trial for first or 39 second degree murder. If, upon receipt of such court orders described in 40 this section, the banking institution holding monies in such joint 41 account complies with the terms of the order, such banking institution 42 shall be held free from all liability for the distribution of such funds 43 as were in such joint account. In the absence of actual or constructive 44 notice of such order, the banking institution holding monies in such 45 account shall be held harmless for distributing the money according to 46 its ordinary course of business. 47 For purposes of this section, the term banking institution shall have 48 the same meaning as provided for in paragraph (b) of subdivision three 49 of section nine-f of the banking law. 50 S 23. Subparagraph 2 of paragraph (b) of subdivision 3 of section 51 358-a of the social services law, as added by chapter 7 of the laws of 52 1999, is amended to read as follows: 53 (2) the parent of such child has been convicted of (i) AGGRAVATED 54 MANSLAUGHTER OF A CHILD AS DEFINED IN SECTION 125.23 OR AGGRAVATED 55 MURDER OF A CHILD AS DEFINED IN SECTION 125.28 OR murder in the first 56 degree as defined in section 125.27 or murder in the second degree as A. 10026 12 1 defined in section 125.25 of the penal law and the victim was another 2 child of the parent; or (ii) manslaughter in the first degree as defined 3 in section 125.20 or manslaughter in the second degree as defined in 4 section 125.15 of the penal law and the victim was another child of the 5 parent, provided, however, that the parent must have acted voluntarily 6 in committing such crime; 7 S 24. Clause (A) of subparagraph (iii) of paragraph (a) of subdivision 8 8 of section 384-b of the social services law, as amended by chapter 460 9 of the laws of 2006, is amended to read as follows: 10 (A) the parent of such child has been convicted of AGGRAVATED 11 MANSLAUGHTER OF A CHILD AS DEFINED IN SECTION 125.23, AGGRAVATED MURDER 12 OF A CHILD AS DEFINED IN SECTION 125.28, murder in the first degree as 13 defined in section 125.27, murder in the second degree as defined in 14 section 125.25, manslaughter in the first degree as defined in section 15 125.20, or manslaughter in the second degree as defined in section 16 125.15 OF THE PENAL LAW, and the victim of any such crime was another 17 child of the parent or another child for whose care such parent is or 18 has been legally responsible as defined in subdivision (g) of section 19 one thousand twelve of the family court act, or another parent of the 20 child, unless the convicted parent was a victim of physical, sexual or 21 psychological abuse by the decedent parent and such abuse was a factor 22 in causing the homicide; or has been convicted of an attempt to commit 23 any of the foregoing crimes, and the victim or intended victim was the 24 child or another child of the parent or another child for whose care 25 such parent is or has been legally responsible as defined in subdivision 26 (g) of section one thousand twelve of the family court act, or another 27 parent of the child, unless the convicted parent was a victim of phys- 28 ical, sexual or psychological abuse by the decedent parent and such 29 abuse was a factor in causing the attempted homicide; 30 S 25. This act shall take effect on the sixtieth day after it shall 31 have become a law.