STATE OF NEW YORK ________________________________________________________________________ 5425 2017-2018 Regular Sessions IN SENATE March 27, 2017 ___________ Introduced by Sen. BAILEY -- 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, and aggravated manslaughter of a 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 "child protection act of 2017". 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 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 materials to minors in the second degree as defined in section 235.21; 16 disseminating indecent materials to minors in the first degree as 17 defined in section 235.22; abandonment of a child as defined in section EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08710-01-7

S. 5425 2 1 260.00; non-support of a child in the second degree as defined in 2 section 260.05; non-support of a child in the first degree as defined in 3 section 260.06; endangering the welfare of a child as defined in section 4 260.10; aggravated endangering the welfare of a child as defined in 5 section 260.09; unlawfully dealing with a child in the first degree as 6 defined in section 260.20; unlawfully dealing with a child in the second 7 degree as defined in section 260.21; or an offense defined in article 8 two hundred sixty-three of this chapter; or 9 (b) an offense defined in article one hundred twenty, one hundred 10 twenty-five, one hundred thirty or one hundred thirty-five of this chap- 11 ter provided the victim of such offense is less than fourteen years of 12 age; or 13 (c) an attempt to commit an offense listed in paragraph (a) or (b) of 14 this subdivision; or 15 (d) an offense in any other jurisdiction which includes all of the 16 essential elements of any such crime listed in paragraph (a), (b) or (c) 17 of this subdivision. 18 § 3. Section 60.06 of the penal law, as amended by chapter 482 of the 19 laws of 2009, is amended to read as follows: 20 § 60.06 Authorized disposition; murder in the first degree offenders; 21 aggravated murder offenders; aggravated murder of a child 22 offenders; certain murder in the second degree offenders; 23 certain terrorism offenders; criminal possession of a chemical 24 weapon or biological weapon offenders; criminal use of a chem- 25 ical weapon or biological weapon offenders. 26 When a defendant is convicted of murder in the first degree as defined 27 in section 125.27 of this chapter, the court shall, in accordance with 28 the provisions of section 400.27 of the criminal procedure law, sentence 29 the defendant to death, to life imprisonment without parole in accord- 30 ance with subdivision five of section 70.00 of this title, or to a term 31 of imprisonment for a class A-I felony other than a sentence of life 32 imprisonment without parole, in accordance with subdivisions one through 33 three of section 70.00 of this title. When a person is convicted [of 34 ~~murder in the second degree as defined in subdivision five of section~~ 35 ~~125.25 of this chapter or~~] of the crime of aggravated murder as defined 36 in subdivision one of section 125.26 of this chapter or of the crime of 37 aggravated murder of a child as defined in section 125.28 of this chap- 38 ter, the court shall sentence the defendant to life imprisonment without 39 parole in accordance with subdivision five of section 70.00 of this 40 title. When a defendant is convicted of the crime of terrorism as 41 defined in section 490.25 of this chapter, and the specified offense the 42 defendant committed is a class A-I felony offense, or when a defendant 43 is convicted of the crime of criminal possession of a chemical weapon or 44 biological weapon in the first degree as defined in section 490.45 of 45 this chapter, or when a defendant is convicted of the crime of criminal 46 use of a chemical weapon or biological weapon in the first degree as 47 defined in section 490.55 of this chapter, the court shall sentence the 48 defendant to life imprisonment without parole in accordance with subdi- 49 vision five of section 70.00 of this title; provided, however, that 50 nothing in this section shall preclude or prevent a sentence of death 51 when the defendant is also convicted of murder in the first degree as 52 defined in section 125.27 of this chapter. When a defendant is convicted 53 of aggravated murder as defined in subdivision two of section 125.26 of 54 this chapter, the court shall sentence the defendant to life imprison- 55 ment without parole or to a term of imprisonment for a class A-I felony

S. 5425 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 § 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 § 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. 5425 4 1 § 6. Paragraphs (a), (b) and (c) of subdivision 1 of section 70.02 of 2 the penal law, paragraphs (a) and (c) as amended by chapter 368 of the 3 laws of 2015, and paragraph (b) 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, sex traffick- 20 ing as defined in paragraphs (a) and (b) of subdivision five of section 21 230.34, incest in the first degree as defined in section 255.27, crimi- 22 nal possession of a weapon in the first degree as defined in section 23 265.04, criminal use of a firearm in the first degree as defined in 24 section 265.09, criminal sale of a firearm in the first degree as 25 defined in section 265.13, aggravated assault upon a police officer or a 26 peace officer as defined in section 120.11, gang assault in the first 27 degree as defined in section 120.07, intimidating a victim or witness in 28 the first degree as defined in section 215.17, hindering prosecution of 29 terrorism in the first degree as defined in section 490.35, criminal 30 possession of a chemical weapon or biological weapon in the second 31 degree as defined in section 490.40, and criminal use of a chemical 32 weapon or biological weapon in the third degree as defined in section 33 490.47. 34 (b) Class C violent felony offenses: an attempt to commit any of the 35 class B felonies set forth in paragraph (a) of this subdivision; aggra- 36 vated criminally negligent homicide as defined in section 125.11, aggra- 37 vated manslaughter in the second degree as defined in section 125.21, 38 aggravated sexual abuse in the second degree as defined in section 39 130.67, assault on a peace officer, police officer, fireman or emergency 40 medical services professional as defined in section 120.08, assault on a 41 judge as defined in section 120.09, gang assault in the second degree as 42 defined in section 120.06, aggravated abuse of a child in the first 43 degree as defined in section 120.09-b, strangulation in the first degree 44 as defined in section 121.13, burglary in the second degree as defined 45 in section 140.25, robbery in the second degree as defined in section 46 160.10, criminal possession of a weapon in the second degree as defined 47 in section 265.03, criminal use of a firearm in the second degree as 48 defined in section 265.08, criminal sale of a firearm in the second 49 degree as defined in section 265.12, criminal sale of a firearm with the 50 aid of a minor as defined in section 265.14, aggravated criminal 51 possession of a weapon as defined in section 265.19, soliciting or 52 providing support for an act of terrorism in the first degree as defined 53 in section 490.15, hindering prosecution of terrorism in the second 54 degree as defined in section 490.30, and criminal possession of a chemi- 55 cal weapon or biological weapon in the third degree as defined in 56 section 490.37.

S. 5425 5 1 (c) Class D violent felony offenses: an attempt to commit any of the 2 class C felonies set forth in paragraph (b); reckless assault of a child 3 as defined in section 120.02, assault in the second degree as defined in 4 section 120.05, aggravated abuse of a child in the second degree as 5 defined in section 120.09-a, menacing a police officer or peace officer 6 as defined in section 120.18, stalking in the first degree, as defined 7 in subdivision one of section 120.60, strangulation in the second degree 8 as defined in section 121.12, rape in the second degree as defined in 9 section 130.30, criminal sexual act in the second degree as defined in 10 section 130.45, sexual abuse in the first degree as defined in section 11 130.65, course of sexual conduct against a child in the second degree as 12 defined in section 130.80, aggravated sexual abuse in the third degree 13 as defined in section 130.66, facilitating a sex offense with a 14 controlled substance as defined in section 130.90, labor trafficking as 15 defined in paragraphs (a) and (b) of subdivision three of section 16 135.35, criminal possession of a weapon in the third degree as defined 17 in subdivision five, six, seven, eight, nine or ten of section 265.02, 18 criminal sale of a firearm in the third degree as defined in section 19 265.11, intimidating a victim or witness in the second degree as defined 20 in section 215.16, soliciting or providing support for an act of terror- 21 ism in the second degree as defined in section 490.10, and making a 22 terroristic threat as defined in section 490.20, falsely reporting an 23 incident in the first degree as defined in section 240.60, placing a 24 false bomb or hazardous substance in the first degree as defined in 25 section 240.62, placing a false bomb or hazardous substance in a sports 26 stadium or arena, mass transportation facility or enclosed shopping mall 27 as defined in section 240.63, and aggravated unpermitted use of indoor 28 pyrotechnics in the first degree as defined in section 405.18. 29 § 7. Subdivision 1 of section 110.05 of the penal law, as amended by 30 section 8 of subpart A of part H of chapter 55 of the laws of 2014, is 31 amended to read as follows: 32 1. Class A-I felony when the crime attempted is the A-I felony of 33 murder in the first degree, aggravated murder as defined in subdivision 34 one of section 125.26 of this chapter, aggravated murder of a child, 35 criminal possession of a controlled substance in the first degree, crim- 36 inal sale of a controlled substance in the first degree, criminal 37 possession of a chemical or biological weapon in the first degree or 38 criminal use of a chemical or biological weapon in the first degree; 39 § 8. Section 120.01 of the penal law, as added by chapter 600 of the 40 laws of 1998, is amended to read as follows: 41 § 120.01 [~~Reckless assault~~] Aggravated abuse of a child [~~by a child day~~ 42 ~~care provider~~] in the third degree. 43 A person is guilty of [~~reckless assault~~] aggravated abuse of a child 44 in the third degree when, being [~~a child day care provider or an employ-~~ 45 ~~ee thereof~~] eighteen years old or more, and being a parent, guardian or 46 other person legally charged with the custody of, or legally responsible 47 for the care of, a child less than fourteen years old, or being a person 48 in a position of trust of a child less than fourteen years old, he or 49 she recklessly causes [~~serious~~] physical injury to [a] such child [~~under~~ 50 ~~the care of such provider or employee who is less than eleven years of~~ 51 ~~age~~]. 52 [~~Reckless assault~~] Aggravated abuse of a child [~~by a child day care~~ 53 ~~provider~~] in the third degree is a class E felony. 54 § 9. The penal law is amended by adding two new sections 120.09-a and 55 120.09-b to read as follows: 56 § 120.09-a Aggravated abuse of a child in the second degree.

S. 5425 6 1 A person is guilty of aggravated abuse of a child in the second 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 physical injury to another person, causes 8 physical injury to such child; or 9 2. recklessly engages in conduct which creates a grave risk of serious 10 physical injury or death to such child and thereby causes serious phys- 11 ical injury to such child; or 12 3. commits the crime of aggravated abuse of a child in the third 13 degree as defined in section 120.01 of this article and previously has 14 been convicted of a child abuse offense. 15 Aggravated abuse of a child in the second degree is a class D felony. 16 § 120.09-b Aggravated abuse of a child in the first degree. 17 A person is guilty of aggravated abuse of a child in the first degree 18 when being eighteen years old or more, and being a parent, guardian or 19 other person legally charged with the custody of, or legally responsible 20 for the care of, a child less than fourteen years old, or being a person 21 in a position of trust of a child less than fourteen years old, he or 22 she: 23 1. with intent to cause serious physical injury to another person, 24 causes serious physical injury to such child; or 25 2. recklessly engages in violent shaking of such child and thereby 26 causes serious physical injury to such child and such child is less than 27 five years old; or 28 3. recklessly engages in conduct which creates a grave risk of serious 29 physical injury or death to such child and thereby causes serious phys- 30 ical injury to such child, and: 31 (a) has previously been convicted of a child abuse offense; or 32 (b) as part of the same transaction, recklessly engages in conduct 33 which creates a grave risk of serious physical injury or death to anoth- 34 er child less than fourteen years old and thereby causes serious phys- 35 ical injury to such other child; or 36 (c) causes such injury by means of a deadly weapon or dangerous 37 instrument; or 38 (d) on at least one other occasion, recklessly engaged in conduct 39 which created a grave risk of serious physical injury or death to a 40 child less than fourteen years old and thereby caused serious physical 41 injury to such child. 42 Aggravated abuse of a child in the first degree is a class C felony. 43 § 10. The penal law is amended by adding two new sections 125.23 and 44 125.28 to read as follows: 45 § 125.23 Aggravated manslaughter of a child. 46 A person is guilty of aggravated manslaughter of a child when, being 47 eighteen years old or more, and being a parent, guardian or other person 48 legally charged with the custody of, or legally responsible for the care 49 of, a child less than fourteen years old, or being a person in a posi- 50 tion of trust of a child less than fourteen years old, he or she reck- 51 lessly engages in conduct which creates a grave risk of serious physical 52 injury or death to such child and thereby causes the death of such 53 child. 54 Aggravated manslaughter of a child is a class B felony. 55 § 125.28 Aggravated murder of a child. 56 A person is guilty of aggravated murder of a child when:

S. 5425 7 1 1. with intent to cause the death of a child less than fourteen years 2 old, and being eighteen years old or more, and being the parent, guardi- 3 an or other person legally charged with the custody of, or legally 4 responsible for the care of, such child, or being a person in a position 5 of trust of a child less than fourteen years old, he or she causes the 6 death of such child; or 7 2. under circumstances evincing a depraved indifference to human life, 8 and being eighteen years old or more, and being the parent, guardian or 9 other person legally charged with the custody of, or legally responsible 10 for the care of, a child less than fourteen years old, or being a person 11 in a position of trust of a child less than fourteen years old, he or 12 she recklessly engages in conduct which creates a grave risk of serious 13 physical injury or death to such child and thereby causes the death of 14 such child; or 15 3. being eighteen years old or more, while in the course of committing 16 rape in the first, second or third degree, criminal sexual act in the 17 first, second or third degree, aggravated sexual abuse in the first, 18 second, third or fourth degree, or incest against a child less than 19 fourteen years old, he or she intentionally causes the death of such 20 child. 21 Aggravated murder of a child is a class A-I felony. 22 § 11. Subdivision 4 of section 125.25 of the penal law, as amended by 23 chapter 459 of the laws of 2004, is amended to read as follows: 24 4. Under circumstances evincing a depraved indifference to human life, 25 and being eighteen years old or more the defendant recklessly engages in 26 conduct which creates a grave risk of serious physical injury or death 27 to another person less than eleven years old and thereby causes the 28 death of such person[~~; or~~]. 29 § 12. Subdivision 5 of section 125.25 of the penal law is REPEALED. 30 § 13. Subparagraph (ix) of paragraph (a) of subdivision 1 of section 31 125.27 of the penal law, as added by chapter 1 of the laws of 1995, is 32 amended to read as follows: 33 (ix) prior to committing the killing, the defendant had been convicted 34 of murder as defined in this section or section 125.25 of this article 35 or convicted of aggravated murder of a child as defined in section 36 125.28 of this article, or had been convicted in another jurisdiction of 37 an offense which, if committed in this state, would constitute a 38 violation of [~~either of such~~] the aforementioned sections; or 39 § 14. The penal law is amended by adding a new section 260.09 to read 40 as follows: 41 § 260.09 Aggravated endangering the welfare of a child. 42 A person is guilty of aggravated endangering the welfare of a child 43 when, being eighteen years old or more, and being a parent, guardian or 44 other person legally charged with the custody of, or legally responsible 45 for the care of, a child less than fourteen years old, or being a person 46 in a position of trust of a child less than fourteen years old, he or 47 she knowingly acts in a manner likely to be injurious to the physical, 48 mental or moral welfare of such child, and: 49 1. previously has been convicted of a child abuse offense; or 50 2. such conduct consists of two or more acts of cruelty against such 51 child. For purposes of this subdivision, "cruelty" means conduct which 52 (a) causes extreme physical pain, or (b) which is carried out in an 53 especially vicious or sadistic manner. 54 Aggravated endangering the welfare of a child is a class E felony.

S. 5425 8 1 § 15. 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 § 16. 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 § 17. 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, 30 120.09-a, 120.09-b, 120.10, 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 § 18. 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 44 120.09-a of the penal law, aggravated abuse of a child in the first 45 degree as defined in section 120.09-b of the penal law, assault in the 46 first degree as defined in section 120.10 of the penal law, reckless 47 endangerment in the first degree as defined in section 120.25 of the 48 penal law, promoting a suicide attempt as defined in section 120.30 of 49 the penal law, strangulation in the second degree as defined in section 50 121.12 of the penal law, strangulation in the first degree as defined in 51 section 121.13 of the penal law, criminally negligent homicide as 52 defined in section 125.10 of the penal law, manslaughter in the second 53 degree as defined in section 125.15 of the penal law, manslaughter in 54 the first degree as defined in section 125.20 of the penal law, aggra- 55 vated manslaughter of a child as defined in section 125.23 of the penal 56 law, murder in the second degree as defined in section 125.25 of the

S. 5425 9 1 penal law, murder in the first degree as defined in section 125.27 of 2 the penal law, aggravated murder of a child as defined in section 125.28 3 of 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. 5425 10 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 § 19. 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. 5425 11 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 § 20. 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 § 21. 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 § 22. 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. 5425 12 1 125.20, or manslaughter in the second degree as defined in section 2 125.15, and the victim of any such crime was another child of the parent 3 or another child for whose care such parent is or has been legally 4 responsible as defined in subdivision (g) of section one thousand twelve 5 of the family court act, or another parent of the child, unless the 6 convicted parent was a victim of physical, sexual or psychological abuse 7 by the decedent parent and such abuse was a factor in causing the homi- 8 cide; or has been convicted of an attempt to commit any of the foregoing 9 crimes, and the victim or intended victim was the child or another child 10 of the parent or another child for whose care such parent is or has been 11 legally responsible as defined in subdivision (g) of section one thou- 12 sand twelve of the family court act, or another parent of the child, 13 unless the convicted parent was a victim of physical, sexual or psycho- 14 logical abuse by the decedent parent and such abuse was a factor in 15 causing the attempted homicide; 16 § 23. This act shall take effect immediately.

Enacts the child protection act of 2017; repealer

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