STATE OF NEW YORK ________________________________________________________________________ 714--A 2017-2018 Regular Sessions IN SENATE 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: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "protect our children act". 3 § 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 person for prostitution in the second degree as 11 defined in section 230.05; patronizing a person for prostitution in the 12 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 1 second degree as defined in subdivision two of section 230.30; promoting 2 prostitution in the first degree as defined in section 230.32; dissem- 3 inating indecent material to minors in the second degree as defined in 4 section 235.21; disseminating indecent material to minors in the first 5 degree as defined in section 235.22; abandonment of a child as defined 6 in section 260.00; non-support of a child in the second degree as 7 defined in section 260.05; non-support of a child in the first degree as 8 defined in section 260.06; aggravated endangering the welfare of a child 9 as defined in section 260.09; endangering the welfare of a child as 10 defined in section 260.10; unlawfully dealing with a child in the first 11 degree as defined in section 260.20; unlawfully dealing with a child in 12 the second degree as defined in section 260.21; or an offense defined in 13 article two hundred sixty-three of this chapter; or 14 (b) an offense defined in article one hundred twenty, one hundred 15 twenty-five, one hundred thirty or one hundred thirty-five of this chap- 16 ter provided the victim of such offense is less than fourteen years of 17 age; or 18 (c) an attempt to commit an offense listed in paragraph (a) or (b) of 19 this subdivision; or 20 (d) an offense in any other jurisdiction which includes all of the 21 essential elements of any such crime listed in paragraph (a), (b) or (c) 22 of this subdivision. 23 § 3. Section 60.06 of the penal law, as amended by chapter 482 of the 24 laws of 2009, is amended to read as follows: 25 § 60.06 Authorized disposition; murder in the first degree offenders; 26 aggravated murder offenders; aggravated murder of a child 27 offenders; certain murder in the second degree offenders; 28 certain terrorism offenders; criminal possession of a chemical 29 weapon or biological weapon offenders; criminal use of a chem- 30 ical weapon or biological weapon offenders. 31 When a defendant is convicted of murder in the first degree as defined 32 in section 125.27 of this chapter, the court shall, in accordance with 33 the provisions of section 400.27 of the criminal procedure law, sentence 34 the defendant to death, to life imprisonment without parole in accord- 35 ance with subdivision five of section 70.00 of this title, or to a term 36 of imprisonment for a class A-I felony other than a sentence of life 37 imprisonment without parole, in accordance with subdivisions one through 38 three of section 70.00 of this title. When a person is convicted [of 39 murder in the second degree as defined in subdivision five of section 40 125.25 of this chapter or] of the crime of aggravated murder as defined 41 in subdivision one of section 125.26 of this chapter or of the crime of 42 aggravated murder of a child as defined in section 125.28 of this chap- 43 ter, the court shall sentence the defendant to life imprisonment without 44 parole in accordance with subdivision five of section 70.00 of this 45 title. When a defendant is convicted of the crime of terrorism as 46 defined in section 490.25 of this chapter, and the specified offense the 47 defendant committed is a class A-I felony offense, or when a defendant 48 is convicted of the crime of criminal possession of a chemical weapon or 49 biological weapon in the first degree as defined in section 490.45 of 50 this chapter, or when a defendant is convicted of the crime of criminal 51 use of a chemical weapon or biological weapon in the first degree as 52 defined in section 490.55 of this chapter, the court shall sentence the 53 defendant to life imprisonment without parole in accordance with subdi- 54 vision five of section 70.00 of this title; provided, however, that 55 nothing in this section shall preclude or prevent a sentence of death 56 when the defendant is also convicted of murder in the first degree as

S. 714--A 3 1 defined in section 125.27 of this chapter. When a defendant is convicted 2 of aggravated murder as defined in subdivision two of section 125.26 of 3 this chapter, the court shall sentence the defendant to life imprison- 4 ment without parole or to a term of imprisonment for a class A-I felony 5 other than a sentence of life imprisonment without parole, in accordance 6 with subdivisions one through three of section 70.00 of this title. 7 § 4. Subparagraph (i) of paragraph (a) of subdivision 3 of section 8 70.00 of the penal law, as amended by chapter 107 of the laws of 2006, 9 is amended to read as follows: 10 (i) For a class A-I felony, such minimum period shall not be less than 11 fifteen years nor more than twenty-five years; provided, however, that 12 (A) where a sentence, other than a sentence of death or life imprison- 13 ment without parole, is imposed upon a defendant convicted of murder in 14 the first degree as defined in section 125.27 of this chapter such mini- 15 mum period shall be not less than twenty years nor more than twenty-five 16 years, and, (B) where a sentence is imposed upon a defendant [convicted 17 of murder in the second degree as defined in subdivision five of section 18 125.25 of this chapter or] convicted of aggravated murder as defined in 19 section 125.26 of this chapter or convicted of aggravated murder of a 20 child as defined in section 125.28 of this chapter, the sentence shall 21 be life imprisonment without parole, and, (C) where a sentence is 22 imposed upon a defendant convicted of attempted murder in the first 23 degree as defined in article one hundred ten of this chapter and subpar- 24 agraph (i), (ii) or (iii) of paragraph (a) of subdivision one and para- 25 graph (b) of subdivision one of section 125.27 of this chapter or 26 attempted aggravated murder as defined in article one hundred ten of 27 this chapter and section 125.26 of this chapter or attempted aggravated 28 murder of a child as defined in article one hundred ten of this chapter 29 and section 125.28 of this chapter such minimum period shall be not less 30 than twenty years nor more than forty years. 31 § 5. Subdivision 5 of section 70.00 of the penal law, as amended by 32 chapter 482 of the laws of 2009, is amended to read as follows: 33 5. Life imprisonment without parole. Notwithstanding any other 34 provision of law, a defendant sentenced to life imprisonment without 35 parole shall not be or become eligible for parole or conditional 36 release. For purposes of commitment and custody, other than parole and 37 conditional release, such sentence shall be deemed to be an indetermi- 38 nate sentence. A defendant may be sentenced to life imprisonment with- 39 out parole upon conviction for the crime of murder in the first degree 40 as defined in section 125.27 of this chapter and in accordance with the 41 procedures provided by law for imposing a sentence for such crime. A 42 defendant must be sentenced to life imprisonment without parole upon 43 conviction for the crime of terrorism as defined in section 490.25 of 44 this chapter, where the specified offense the defendant committed is a 45 class A-I felony; the crime of criminal possession of a chemical weapon 46 or biological weapon in the first degree as defined in section 490.45 of 47 this chapter; or the crime of criminal use of a chemical weapon or 48 biological weapon in the first degree as defined in section 490.55 of 49 this chapter; provided, however, that nothing in this subdivision shall 50 preclude or prevent a sentence of death when the defendant is also 51 convicted of the crime of murder in the first degree as defined in 52 section 125.27 of this chapter. A defendant must be sentenced to life 53 imprisonment without parole upon conviction [for the crime of murder in 54 the second degree as defined in subdivision five of section 125.25 of 55 this chapter or] for the crime of aggravated murder as defined in subdi- 56 vision one of section 125.26 of this chapter or for the crime of aggra-

S. 714--A 4 1 vated murder of a child as defined in section 125.28 of this chapter. A 2 defendant may be sentenced to life imprisonment without parole upon 3 conviction for the crime of aggravated murder as defined in subdivision 4 two of section 125.26 of this chapter. 5 § 5-a. Subdivision 5 of section 70.00 of the penal law, as amended by 6 section 40-a of part WWW of chapter 59 of the laws of 2017, is amended 7 to read as follows: 8 5. Life imprisonment without parole. Notwithstanding any other 9 provision of law, a defendant sentenced to life imprisonment without 10 parole shall not be or become eligible for parole or conditional 11 release. For purposes of commitment and custody, other than parole and 12 conditional release, such sentence shall be deemed to be an indetermi- 13 nate sentence. A defendant may be sentenced to life imprisonment without 14 parole upon conviction for the crime of murder in the first degree as 15 defined in section 125.27 of this chapter and in accordance with the 16 procedures provided by law for imposing a sentence for such crime. A 17 defendant who was eighteen years of age or older at the time of the 18 commission of the crime must be sentenced to life imprisonment without 19 parole upon conviction for the crime of terrorism as defined in section 20 490.25 of this chapter, where the specified offense the defendant 21 committed is a class A-I felony; the crime of criminal possession of a 22 chemical weapon or biological weapon in the first degree as defined in 23 section 490.45 of this chapter; or the crime of criminal use of a chemi- 24 cal weapon or biological weapon in the first degree as defined in 25 section 490.55 of this chapter; provided, however, that nothing in this 26 subdivision shall preclude or prevent a sentence of death when the 27 defendant is also convicted of the crime of murder in the first degree 28 as defined in section 125.27 of this chapter. A defendant who was seven- 29 teen years of age or younger at the time of the commission of the crime 30 may be sentenced, in accordance with law, to the applicable indetermi- 31 nate sentence with a maximum term of life imprisonment. A defendant must 32 be sentenced to life imprisonment without parole upon conviction for the 33 crime of murder in the second degree as defined in subdivision five of 34 section 125.25 of this chapter [or], for the crime of aggravated murder 35 as defined in subdivision one of section 125.26 of this chapter or for 36 the crime of aggravated murder of a child as defined in section 125.28 37 of this chapter. A defendant may be sentenced to life imprisonment 38 without parole upon conviction for the crime of aggravated murder as 39 defined in subdivision two of section 125.26 of this chapter. 40 § 6. Paragraphs (a), (b) and (c) of subdivision 1 of section 70.02 of 41 the penal law, paragraphs (a) and (c) as amended by chapter 368 of the 42 laws of 2015 and paragraph (b) as amended by chapter 1 of the laws of 43 2013, are amended to read as follows: 44 (a) Class B violent felony offenses: an attempt to commit the class 45 A-I felonies of murder in the second degree as defined in section 46 125.25, kidnapping in the first degree as defined in section 135.25, and 47 arson in the first degree as defined in section 150.20; manslaughter in 48 the first degree as defined in section 125.20, aggravated manslaughter 49 in the first degree as defined in section 125.22, aggravated manslaught- 50 er of a child as defined in section 125.23, rape in the first degree as 51 defined in section 130.35, criminal sexual act in the first degree as 52 defined in section 130.50, aggravated sexual abuse in the first degree 53 as defined in section 130.70, course of sexual conduct against a child 54 in the first degree as defined in section 130.75; assault in the first 55 degree as defined in section 120.10, kidnapping in the second degree as 56 defined in section 135.20, burglary in the first degree as defined in

S. 714--A 5 1 section 140.30, arson in the second degree as defined in section 150.15, 2 robbery in the first degree as defined in section 160.15, sex traffick- 3 ing as defined in paragraphs (a) and (b) of subdivision five of section 4 230.34, incest in the first degree as defined in section 255.27, crimi- 5 nal possession of a weapon in the first degree as defined in section 6 265.04, criminal use of a firearm in the first degree as defined in 7 section 265.09, criminal sale of a firearm in the first degree as 8 defined in section 265.13, aggravated assault upon a police officer or a 9 peace officer as defined in section 120.11, gang assault in the first 10 degree as defined in section 120.07, intimidating a victim or witness in 11 the first degree as defined in section 215.17, hindering prosecution of 12 terrorism in the first degree as defined in section 490.35, criminal 13 possession of a chemical weapon or biological weapon in the second 14 degree as defined in section 490.40, and criminal use of a chemical 15 weapon or biological weapon in the third degree as defined in section 16 490.47. 17 (b) Class C violent felony offenses: an attempt to commit any of the 18 class B felonies set forth in paragraph (a) of this subdivision; aggra- 19 vated criminally negligent homicide as defined in section 125.11, aggra- 20 vated manslaughter in the second degree as defined in section 125.21, 21 aggravated sexual abuse in the second degree as defined in section 22 130.67, assault on a peace officer, police officer, fireman or emergency 23 medical services professional as defined in section 120.08, assault on a 24 judge as defined in section 120.09, gang assault in the second degree as 25 defined in section 120.06, aggravated abuse of a child in the first 26 degree as defined in section 120.19-a, strangulation in the first degree 27 as defined in section 121.13, burglary in the second degree as defined 28 in section 140.25, robbery in the second degree as defined in section 29 160.10, criminal possession of a weapon in the second degree as defined 30 in section 265.03, criminal use of a firearm in the second degree as 31 defined in section 265.08, criminal sale of a firearm in the second 32 degree as defined in section 265.12, criminal sale of a firearm with the 33 aid of a minor as defined in section 265.14, aggravated criminal 34 possession of a weapon as defined in section 265.19, soliciting or 35 providing support for an act of terrorism in the first degree as defined 36 in section 490.15, hindering prosecution of terrorism in the second 37 degree as defined in section 490.30, and criminal possession of a chemi- 38 cal weapon or biological weapon in the third degree as defined in 39 section 490.37. 40 (c) Class D violent felony offenses: an attempt to commit any of the 41 class C felonies set forth in paragraph (b); reckless assault of a child 42 as defined in section 120.02, assault in the second degree as defined in 43 section 120.05, aggravated abuse of a child in the second degree as 44 defined in section 120.19, menacing a police officer or peace officer as 45 defined in section 120.18, stalking in the first degree, as defined in 46 subdivision one of section 120.60, strangulation in the second degree as 47 defined in section 121.12, rape in the second degree as defined in 48 section 130.30, criminal sexual act in the second degree as defined in 49 section 130.45, sexual abuse in the first degree as defined in section 50 130.65, course of sexual conduct against a child in the second degree as 51 defined in section 130.80, aggravated sexual abuse in the third degree 52 as defined in section 130.66, facilitating a sex offense with a 53 controlled substance as defined in section 130.90, labor trafficking as 54 defined in paragraphs (a) and (b) of subdivision three of section 55 135.35, criminal possession of a weapon in the third degree as defined 56 in subdivision five, six, seven, eight, nine or ten of section 265.02,

S. 714--A 6 1 criminal sale of a firearm in the third degree as defined in section 2 265.11, intimidating a victim or witness in the second degree as defined 3 in section 215.16, soliciting or providing support for an act of terror- 4 ism in the second degree as defined in section 490.10, and making a 5 terroristic threat as defined in section 490.20, falsely reporting an 6 incident in the first degree as defined in section 240.60, placing a 7 false bomb or hazardous substance in the first degree as defined in 8 section 240.62, placing a false bomb or hazardous substance in a sports 9 stadium or arena, mass transportation facility or enclosed shopping mall 10 as defined in section 240.63, and aggravated unpermitted use of indoor 11 pyrotechnics in the first degree as defined in section 405.18. 12 § 7. Subdivision 1 of section 110.05 of the penal law, as amended by 13 section 8 of subpart A of part H of chapter 55 of the laws of 2014, is 14 amended to read as follows: 15 1. Class A-I felony when the crime attempted is the A-I felony of 16 murder in the first degree, aggravated murder as defined in subdivision 17 one of section 125.26 of this chapter, aggravated murder of a child, 18 criminal possession of a controlled substance in the first degree, crim- 19 inal sale of a controlled substance in the first degree, criminal 20 possession of a chemical or biological weapon in the first degree or 21 criminal use of a chemical or biological weapon in the first degree; 22 § 8. Section 120.01 of the penal law, as added by chapter 600 of the 23 laws of 1998, is amended to read as follows: 24 § 120.01 [Reckless assault] Aggravated abuse of a child [by a child day 25 care provider] in the third degree. 26 A person is guilty of [reckless assault] aggravated abuse of a child 27 in the third degree when, being [a child day care provider or an employ- 28 ee thereof] eighteen years old or more, and being a parent, guardian or 29 other person legally charged with the custody of, or legally responsible 30 for the care of, a child less than fourteen years old, or being a person 31 in a position of trust of a child less than fourteen years old, he or 32 she recklessly causes [serious] physical injury to [a] such child [under 33 the care of such provider or employee who is less than eleven years of 34 age]. 35 [Reckless assault] Aggravated abuse of a child [by a child day care 36 provider] in the third degree is a class E felony. 37 § 9. The penal law is amended by adding two new sections 120.19 and 38 120.19-a to read as follows: 39 § 120.19 Aggravated abuse of a child in the second degree. 40 A person is guilty of aggravated abuse of a child in the second degree 41 when being eighteen years old or more, and being a parent, guardian or 42 other person legally charged with the custody of, or legally responsible 43 for the care of, a child less than fourteen years old, or being a person 44 in a position of trust of a child less than fourteen years old, he or 45 she: 46 1. with intent to cause physical injury to another person, causes 47 physical injury to such child; or 48 2. recklessly engages in conduct which creates a grave risk of serious 49 physical injury or death to such child and thereby causes serious phys- 50 ical injury to such child; or 51 3. commits the crime of aggravated abuse of a child in the third 52 degree as defined in section 120.01 of this article and previously has 53 been convicted of a child abuse offense. 54 Aggravated abuse of a child in the second degree is a class D felony. 55 § 120.19-a Aggravated abuse of a child in the first degree.

S. 714--A 7 1 A person is guilty of aggravated abuse of a child in the first degree 2 when being eighteen years old or more, and being a 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: 7 1. with intent to cause serious physical injury to another person, 8 causes serious physical injury to such child; or 9 2. recklessly engages in violent shaking of such child and thereby 10 causes serious physical injury to such child and such child is less than 11 five years old; or 12 3. recklessly engages in conduct which creates a grave risk of serious 13 physical injury or death to such child and thereby causes serious phys- 14 ical injury to such child, and: 15 (a) has previously been convicted of a child abuse offense; or 16 (b) as part of the same transaction, recklessly engages in conduct 17 which creates a grave risk of serious physical injury or death to anoth- 18 er child less than fourteen years old and thereby causes serious phys- 19 ical injury to such other child; or 20 (c) causes such injury by means of a deadly weapon or dangerous 21 instrument; or 22 (d) on at least one other occasion, recklessly engaged in conduct 23 which created a grave risk of serious physical injury or death to a 24 child less than fourteen years old and thereby caused serious physical 25 injury to such child. 26 Aggravated abuse of a child in the first degree is a class C felony. 27 § 10. The penal law is amended by adding two new sections 125.23 and 28 125.28 to read as follows: 29 § 125.23 Aggravated manslaughter of a child. 30 A person is guilty of aggravated manslaughter of a child when, being 31 eighteen years old or more, and being a parent, guardian or other person 32 legally charged with the custody of, or legally responsible for the care 33 of, a child less than fourteen years old, or being a person in a posi- 34 tion of trust of a child less than fourteen years old, he or she reck- 35 lessly engages in conduct which creates a grave risk of serious physical 36 injury or death to such child and thereby causes the death of such 37 child. 38 Aggravated manslaughter of a child is a class B felony. 39 § 125.28 Aggravated murder of a child. 40 A person is guilty of aggravated murder of a child when: 41 1. with intent to cause the death of a child less than fourteen years 42 old, and being eighteen years old or more, and being the parent, guardi- 43 an or other person legally charged with the custody of, or legally 44 responsible for the care of, such child, or being a person in a position 45 of trust of a child less than fourteen years old, he or she causes the 46 death of such child; or 47 2. under circumstances evincing a depraved indifference to human life, 48 and being eighteen years old or more, and being the parent, guardian or 49 other person legally charged with the custody of, or legally responsible 50 for the care of, a child less than fourteen years old, or being a person 51 in a position of trust of a child less than fourteen years old, he or 52 she recklessly engages in conduct which creates a grave risk of serious 53 physical injury or death to such child and thereby causes the death of 54 such child; or 55 3. being eighteen years old or more, while in the course of committing 56 rape in the first, second or third degree, criminal sexual act in the

S. 714--A 8 1 first, second or third degree, aggravated sexual abuse in the first, 2 second, third or fourth degree, or incest against a child less than 3 fourteen years old, he or she intentionally causes the death of such 4 child. 5 Aggravated murder of a child is a class A-I felony. 6 § 11. Subdivision 4 of section 125.25 of the penal law, as amended by 7 chapter 459 of the laws of 2004, is amended to read as follows: 8 4. Under circumstances evincing a depraved indifference to human life, 9 and being eighteen years old or more the defendant recklessly engages in 10 conduct which creates a grave risk of serious physical injury or death 11 to another person less than eleven years old and thereby causes the 12 death of such person[; or]. 13 § 12. Subdivision 5 of section 125.25 of the penal law is REPEALED. 14 § 13. Subparagraph (ix) of paragraph (a) of subdivision 1 of section 15 125.27 of the penal law, as added by chapter 1 of the laws of 1995, is 16 amended to read as follows: 17 (ix) prior to committing the killing, the defendant had been convicted 18 of murder as defined in this section or section 125.25 of this article 19 or convicted of aggravated murder of a child as defined in section 20 125.28 of this article, or had been convicted in another jurisdiction of 21 an offense which, if committed in this state, would constitute a 22 violation of [either of such] the aforementioned sections; or 23 § 14. The penal law is amended by adding a new section 190.17 to read 24 as follows: 25 § 190.17 Obstructing the location of a missing child. 26 A person is guilty of obstructing the location of a missing child 27 when he or she knowingly provides false information to law enforcement 28 officials as to the whereabouts of a child less than fourteen years old 29 who has been reported missing, or whose whereabouts has been unknown for 30 more than twenty-four hours. 31 Obstructing the location of a missing child is a class E felony. 32 § 15. The penal law is amended by adding a new section 260.09 to read 33 as follows: 34 § 260.09 Aggravated endangering the welfare of a child. 35 A person is guilty of aggravated endangering the welfare of a child 36 when, being eighteen years old or more, and being a parent, guardian or 37 other person legally charged with the custody of, or legally responsible 38 for the care of, a child less than fourteen years old, or being a person 39 in a position of trust of a child less then fourteen years old, he or 40 she knowingly acts in a manner likely to be injurious to the physical, 41 mental or moral welfare of such child, and: 42 1. previously has been convicted of a child abuse offense; or 43 2. such conduct consists of two or more acts of cruelty against such 44 child. For purposes of this subdivision, "cruelty" means conduct which 45 (a) causes extreme physical pain, or (b) which is carried out in an 46 especially vicious or sadistic manner; or 47 3. such conduct consists of failing to report to law enforcement when 48 the whereabouts of such child has been unknown by such person for more 49 than twenty-four hours. For the purposes of this section, a parent, 50 guardian or other person legally charged with the custody of, or legally 51 responsible for the care of a child under the age of eleven is deemed to 52 be acting in a manner likely to be injurious to the physical, mental or 53 moral welfare of such child if such child's whereabouts is unknown by 54 such person for more than twenty-four hours. 55 Aggravated endangering the welfare of a child is a class E felony.

S. 714--A 9 1 § 16. Paragraph (a) of subdivision 3 of section 30.30 of the criminal 2 procedure law, as amended by chapter 93 of the laws of 2006, is amended 3 to read as follows: 4 (a) Subdivisions one and two do not apply to a criminal action wherein 5 the defendant is accused of an offense defined in sections 125.10, 6 125.15, 125.20, 125.25, 125.26 [and], 125.27 and 125.28 of the penal 7 law. 8 § 17. Subdivision 1 of section 180.85 of the criminal procedure law, 9 as amended by chapter 93 of the laws of 2006, is amended to read as 10 follows: 11 1. After arraignment of a defendant upon a felony complaint, other 12 than a felony complaint charging an offense defined in section 125.10, 13 125.15, 125.20, 125.23, 125.25, 125.26 [or], 125.27 or 125.28 of the 14 penal law, either party or the local criminal court or superior court 15 before which the action is pending, on its own motion, may move in 16 accordance with the provisions of this section for an order terminating 17 prosecution of the charges contained in such felony complaint on consent 18 of the parties. 19 § 18. Paragraph (h) of subdivision 3 of section 190.25 of the criminal 20 procedure law, as amended by chapter 347 of the laws of 2014, is amended 21 to read as follows: 22 (h) A social worker, rape crisis counselor, psychologist or other 23 professional providing emotional support to a child witness twelve years 24 old or younger, or a social worker or informal caregiver, as provided in 25 subdivision two of section two hundred six of the elder law, for a 26 vulnerable elderly person as provided in subdivision three of section 27 260.31 of the penal law, who is called to give evidence in a grand jury 28 proceeding concerning a crime defined in article one hundred twenty-one, 29 article one hundred thirty, article two hundred sixty, section 120.01, 30 120.10, 120.19, 120.19-a, 125.10, 125.15, 125.20, 125.23, 125.25, 31 125.26, 125.27, 125.28, 255.25, 255.26 [or], 255.27 or 260.09 of the 32 penal law provided that the district attorney consents. Such support 33 person shall not provide the witness with an answer to any question or 34 otherwise participate in such proceeding and shall first take an oath 35 before the grand jury that he or she will keep secret all matters before 36 such grand jury within his or her knowledge. 37 § 19. Paragraph (b) of subdivision 8 of section 700.05 of the criminal 38 procedure law, as amended by chapter 368 of the laws of 2015, is amended 39 to read as follows: 40 (b) Any of the following felonies: assault in the second degree as 41 defined in section 120.05 of the penal law, aggravated abuse of a child 42 in the third degree as defined in section 120.01 of the penal law, 43 aggravated abuse of a child in the second degree as defined in section 44 120.19 of the penal law, aggravated abuse of a child in the first degree 45 as defined in section 120.19-a of the penal law, assault in the first 46 degree as defined in section 120.10 of the penal law, reckless endanger- 47 ment in the first degree as defined in section 120.25 of the penal law, 48 promoting a suicide attempt as defined in section 120.30 of the penal 49 law, strangulation in the second degree as defined in section 121.12 of 50 the penal law, strangulation in the first degree as defined in section 51 121.13 of the penal law, criminally negligent homicide as defined in 52 section 125.10 of the penal law, manslaughter in the second degree as 53 defined in section 125.15 of the penal law, manslaughter in the first 54 degree as defined in section 125.20 of the penal law, aggravated 55 manslaughter of a child as defined in section 125.23 of the penal law, 56 murder in the second degree as defined in section 125.25 of the penal

S. 714--A 10 1 law, murder in the first degree as defined in section 125.27 of the 2 penal law, aggravated murder of a child as defined in section 125.28 of 3 the penal law, abortion in the second degree as defined in section 4 125.40 of the penal law, abortion in the first degree as defined in 5 section 125.45 of the penal law, rape in the third degree as defined in 6 section 130.25 of the penal law, rape in the second degree as defined in 7 section 130.30 of the penal law, rape in the first degree as defined in 8 section 130.35 of the penal law, criminal sexual act in the third degree 9 as defined in section 130.40 of the penal law, criminal sexual act in 10 the second degree as defined in section 130.45 of the penal law, crimi- 11 nal sexual act in the first degree as defined in section 130.50 of the 12 penal law, sexual abuse in the first degree as defined in section 130.65 13 of the penal law, unlawful imprisonment in the first degree as defined 14 in section 135.10 of the penal law, kidnapping in the second degree as 15 defined in section 135.20 of the penal law, kidnapping in the first 16 degree as defined in section 135.25 of the penal law, labor trafficking 17 as defined in section 135.35 of the penal law, aggravated labor traf- 18 ficking as defined in section 135.37 of the penal law, custodial inter- 19 ference in the first degree as defined in section 135.50 of the penal 20 law, coercion in the first degree as defined in section 135.65 of the 21 penal law, criminal trespass in the first degree as defined in section 22 140.17 of the penal law, burglary in the third degree as defined in 23 section 140.20 of the penal law, burglary in the second degree as 24 defined in section 140.25 of the penal law, burglary in the first degree 25 as defined in section 140.30 of the penal law, criminal mischief in the 26 third degree as defined in section 145.05 of the penal law, criminal 27 mischief in the second degree as defined in section 145.10 of the penal 28 law, criminal mischief in the first degree as defined in section 145.12 29 of the penal law, criminal tampering in the first degree as defined in 30 section 145.20 of the penal law, arson in the fourth degree as defined 31 in section 150.05 of the penal law, arson in the third degree as defined 32 in section 150.10 of the penal law, arson in the second degree as 33 defined in section 150.15 of the penal law, arson in the first degree as 34 defined in section 150.20 of the penal law, grand larceny in the fourth 35 degree as defined in section 155.30 of the penal law, grand larceny in 36 the third degree as defined in section 155.35 of the penal law, grand 37 larceny in the second degree as defined in section 155.40 of the penal 38 law, grand larceny in the first degree as defined in section 155.42 of 39 the penal law, health care fraud in the fourth degree as defined in 40 section 177.10 of the penal law, health care fraud in the third degree 41 as defined in section 177.15 of the penal law, health care fraud in the 42 second degree as defined in section 177.20 of the penal law, health care 43 fraud in the first degree as defined in section 177.25 of the penal law, 44 robbery in the third degree as defined in section 160.05 of the penal 45 law, robbery in the second degree as defined in section 160.10 of the 46 penal law, robbery in the first degree as defined in section 160.15 of 47 the penal law, unlawful use of secret scientific material as defined in 48 section 165.07 of the penal law, criminal possession of stolen property 49 in the fourth degree as defined in section 165.45 of the penal law, 50 criminal possession of stolen property in the third degree as defined in 51 section 165.50 of the penal law, criminal possession of stolen property 52 in the second degree as defined by section 165.52 of the penal law, 53 criminal possession of stolen property in the first degree as defined by 54 section 165.54 of the penal law, trademark counterfeiting in the second 55 degree as defined in section 165.72 of the penal law, trademark counter- 56 feiting in the first degree as defined in section 165.73 of the penal

S. 714--A 11 1 law, forgery in the second degree as defined in section 170.10 of the 2 penal law, forgery in the first degree as defined in section 170.15 of 3 the penal law, criminal possession of a forged instrument in the second 4 degree as defined in section 170.25 of the penal law, criminal 5 possession of a forged instrument in the first degree as defined in 6 section 170.30 of the penal law, criminal possession of forgery devices 7 as defined in section 170.40 of the penal law, falsifying business 8 records in the first degree as defined in section 175.10 of the penal 9 law, tampering with public records in the first degree as defined in 10 section 175.25 of the penal law, offering a false instrument for filing 11 in the first degree as defined in section 175.35 of the penal law, issu- 12 ing a false certificate as defined in section 175.40 of the penal law, 13 criminal diversion of prescription medications and prescriptions in the 14 second degree as defined in section 178.20 of the penal law, criminal 15 diversion of prescription medications and prescriptions in the first 16 degree as defined in section 178.25 of the penal law, residential mort- 17 gage fraud in the fourth degree as defined in section 187.10 of the 18 penal law, residential mortgage fraud in the third degree as defined in 19 section 187.15 of the penal law, residential mortgage fraud in the 20 second degree as defined in section 187.20 of the penal law, residential 21 mortgage fraud in the first degree as defined in section 187.25 of the 22 penal law, escape in the second degree as defined in section 205.10 of 23 the penal law, escape in the first degree as defined in section 205.15 24 of the penal law, absconding from temporary release in the first degree 25 as defined in section 205.17 of the penal law, promoting prison contra- 26 band in the first degree as defined in section 205.25 of the penal law, 27 hindering prosecution in the second degree as defined in section 205.60 28 of the penal law, hindering prosecution in the first degree as defined 29 in section 205.65 of the penal law, sex trafficking as defined in 30 section 230.34 of the penal law, criminal possession of a weapon in the 31 third degree as defined in subdivisions two, three and five of section 32 265.02 of the penal law, criminal possession of a weapon in the second 33 degree as defined in section 265.03 of the penal law, criminal 34 possession of a weapon in the first degree as defined in section 265.04 35 of the penal law, manufacture, transport, disposition and defacement of 36 weapons and dangerous instruments and appliances defined as felonies in 37 subdivisions one, two, and three of section 265.10 of the penal law, 38 sections 265.11, 265.12 and 265.13 of the penal law, or prohibited use 39 of weapons as defined in subdivision two of section 265.35 of the penal 40 law, relating to firearms and other dangerous weapons, or failure to 41 disclose the origin of a recording in the first degree as defined in 42 section 275.40 of the penal law; 43 § 20. Paragraph (a) of subdivision 4 of section 509-cc of the vehicle 44 and traffic law, as amended by chapter 400 of the laws of 2011, is 45 amended to read as follows: 46 (a) The offenses referred to in subparagraph (ii) of paragraph (a) of 47 subdivision one and paragraph (a) of subdivision two of this section 48 that result in permanent disqualification shall include a conviction 49 under sections 125.12, 125.13, 125.14, 125.15, 125.20, 125.21, 125.22, 50 125.25, 125.26, 125.27, 130.30, 130.35, 130.45, 130.50, 130.65, 130.66, 51 130.67, 130.70, 130.75, 130.80, 130.90, 130.95, 130.96, 135.25, 150.20, 52 230.30, 230.32, 230.34, 235.22, 263.05, 263.10, 263.11, 263.15, 263.16 53 of the penal law or an attempt to commit any of the aforesaid offenses 54 under section 110.00 of the penal law, or a child abuse offense as 55 defined in subdivision twenty-three of section 10.00 of the penal law, 56 or any offenses committed under a former section of the penal law which

S. 714--A 12 1 would constitute violations of the aforesaid sections of the penal law, 2 or any offenses committed outside this state which would constitute 3 violations of the aforesaid sections of the penal law. 4 § 21. Section 4-1.6 of the estates, powers and trusts law, as added by 5 chapter 481 of the laws of 1994, is amended to read as follows: 6 § 4-1.6 Disqualification of joint tenant in certain instances 7 Notwithstanding any other provision of law to the contrary, a joint 8 tenant convicted of murder in the second degree as defined in section 9 125.25 of the penal law or murder in the first degree as defined in 10 section 125.27 of the penal law or aggravated murder of a child as 11 defined in section 125.28 of the penal law of another joint tenant shall 12 not be entitled to the distribution of any monies in a joint bank 13 account created or contributed to by the deceased joint tenant, except 14 for those monies contributed by the convicted joint tenant. 15 Upon the conviction of such joint tenant of first or second degree 16 murder and upon application by the prosecuting attorney, the court, as 17 part of its sentence, shall issue an order directing the amount of any 18 joint bank account to be distributed pursuant to the provisions of this 19 section from the convicted joint tenant and to the deceased joint 20 tenant's estate. The court and the prosecuting attorney shall each have 21 the power to subpoena records of a banking institution to determine the 22 amount of money in such bank account and by whom deposits were made. The 23 court shall also have the power to freeze such account upon application 24 by the prosecuting attorney during the pendency of a trial for first or 25 second degree murder. If, upon receipt of such court orders described in 26 this section, the banking institution holding monies in such joint 27 account complies with the terms of the order, such banking institution 28 shall be held free from all liability for the distribution of such funds 29 as were in such joint account. In the absence of actual or constructive 30 notice of such order, the banking institution holding monies in such 31 account shall be held harmless for distributing the money according to 32 its ordinary course of business. 33 For purposes of this section, the term banking institution shall have 34 the same meaning as provided for in paragraph (b) of subdivision three 35 of section nine-f of the banking law. 36 § 22. Subparagraph 2 of paragraph (b) of subdivision 3 of section 37 358-a of the social services law, as added by chapter 7 of the laws of 38 1999, is amended to read as follows: 39 (2) the parent of such child has been convicted of (i) aggravated 40 manslaughter of a child as defined in section 125.23 or aggravated 41 murder of a child as defined in section 125.28 or murder in the first 42 degree as defined in section 125.27 or murder in the second degree as 43 defined in section 125.25 of the penal law and the victim was another 44 child of the parent; or (ii) manslaughter in the first degree as defined 45 in section 125.20 or manslaughter in the second degree as defined in 46 section 125.15 of the penal law and the victim was another child of the 47 parent, provided, however, that the parent must have acted voluntarily 48 in committing such crime; 49 § 23. Clause (A) of subparagraph (iii) of paragraph (a) of subdivision 50 8 of section 384-b of the social services law, as amended by chapter 460 51 of the laws of 2006, is amended to read as follows: 52 (A) the parent of such child has been convicted of aggravated 53 manslaughter of a child as defined in section 125.23, aggravated murder 54 of a child as defined in section 125.28, murder in the first degree as 55 defined in section 125.27, murder in the second degree as defined in 56 section 125.25, manslaughter in the first degree as defined in section

S. 714--A 13 1 125.20, or manslaughter in the second degree as defined in section 2 125.15 of the penal law, and the victim of any such crime was another 3 child of the parent or another child for whose care such parent is or 4 has been legally responsible as defined in subdivision (g) of section 5 one thousand twelve of the family court act, or another parent of the 6 child, unless the convicted parent was a victim of physical, sexual or 7 psychological abuse by the decedent parent and such abuse was a factor 8 in causing the homicide; or has been convicted of an attempt to commit 9 any of the foregoing crimes, and the victim or intended victim was the 10 child or another child of the parent or another child for whose care 11 such parent is or has been legally responsible as defined in subdivision 12 (g) of section one thousand twelve of the family court act, or another 13 parent of the child, unless the convicted parent was a victim of phys- 14 ical, sexual or psychological abuse by the decedent parent and such 15 abuse was a factor in causing the attempted homicide; 16 § 24. This act shall take effect on the sixtieth day after it shall 17 have become a law; provided, however, that if section 40-a of part WWW 18 of chapter 59 of the laws of 2017 shall not have taken effect on or 19 before such date then section five-a of this act shall take effect on 20 the same date and in the same manner as such section of such chapter of 21 the laws of 2017, takes effect.