STATE OF NEW YORK ________________________________________________________________________ 2573 2019-2020 Regular Sessions IN SENATE January 28, 2019 ___________ Introduced by Sen. BAILEY -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families 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 2019". 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. LBD05606-01-9

S. 2573 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. 2573 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 section 40-a of part WWW of chapter 59 of the laws of 2017, is amended 29 to read as follows: 30 5. Life imprisonment without parole. Notwithstanding any other 31 provision of law, a defendant sentenced to life imprisonment without 32 parole shall not be or become eligible for parole or conditional 33 release. For purposes of commitment and custody, other than parole and 34 conditional release, such sentence shall be deemed to be an indetermi- 35 nate sentence. A defendant may be sentenced to life imprisonment without 36 parole upon conviction for the crime of murder in the first degree as 37 defined in section 125.27 of this chapter and in accordance with the 38 procedures provided by law for imposing a sentence for such crime. A 39 defendant who was eighteen years of age or older at the time of the 40 commission of the crime must be sentenced to life imprisonment without 41 parole upon conviction for the crime of terrorism as defined in section 42 490.25 of this chapter, where the specified offense the defendant 43 committed is a class A-I felony; the crime of criminal possession of a 44 chemical weapon or biological weapon in the first degree as defined in 45 section 490.45 of this chapter; or the crime of criminal use of a chemi- 46 cal weapon or biological weapon in the first degree as defined in 47 section 490.55 of this chapter; provided, however, that nothing in this 48 subdivision shall preclude or prevent a sentence of death when the 49 defendant is also convicted of the crime of murder in the first degree 50 as defined in section 125.27 of this chapter. A defendant who was seven- 51 teen years of age or younger at the time of the commission of the crime 52 may be sentenced, in accordance with law, to the applicable indetermi- 53 nate sentence with a maximum term of life imprisonment. A defendant must 54 be sentenced to life imprisonment without parole upon conviction [~~for~~ 55 ~~the crime of murder in the second degree as defined in subdivision five~~ 56 ~~of section 125.25 of this chapter or~~] for the crime of aggravated murder

S. 2573 4 1 as defined in subdivision one of section 125.26 of this chapter or for 2 the crime of aggravated murder of a child as defined in section 125.28 3 of this chapter. A defendant may be sentenced to life imprisonment 4 without parole upon conviction for the crime of aggravated murder as 5 defined in subdivision two of section 125.26 of this chapter. 6 § 6. Paragraphs (a), (b) and (c) of subdivision 1 of section 70.02 of 7 the penal law, paragraph (a) as amended by chapter 189 of the laws of 8 2018, paragraph (b) as amended by chapter 1 of the laws of 2013, and 9 paragraph (c) as amended by chapter 368 of the laws of 2015, are amended 10 to read as follows: 11 (a) Class B violent felony offenses: an attempt to commit the class 12 A-I felonies of murder in the second degree as defined in section 13 125.25, kidnapping in the first degree as defined in section 135.25, and 14 arson in the first degree as defined in section 150.20; manslaughter in 15 the first degree as defined in section 125.20, aggravated manslaughter 16 in the first degree as defined in section 125.22, aggravated manslaught- 17 er of a child as defined in section 125.23, rape in the first degree as 18 defined in section 130.35, criminal sexual act in the first degree as 19 defined in section 130.50, aggravated sexual abuse in the first degree 20 as defined in section 130.70, course of sexual conduct against a child 21 in the first degree as defined in section 130.75; assault in the first 22 degree as defined in section 120.10, kidnapping in the second degree as 23 defined in section 135.20, burglary in the first degree as defined in 24 section 140.30, arson in the second degree as defined in section 150.15, 25 robbery in the first degree as defined in section 160.15, sex traffick- 26 ing as defined in paragraphs (a) and (b) of subdivision five of section 27 230.34, sex trafficking of a child as defined in section 230.34-a, 28 incest in the first degree as defined in section 255.27, criminal 29 possession of a weapon in the first degree as defined in section 265.04, 30 criminal use of a firearm in the first degree as defined in section 31 265.09, criminal sale of a firearm in the first degree as defined in 32 section 265.13, aggravated assault upon a police officer or a peace 33 officer as defined in section 120.11, gang assault in the first degree 34 as defined in section 120.07, intimidating a victim or witness in the 35 first degree as defined in section 215.17, hindering prosecution of 36 terrorism in the first degree as defined in section 490.35, criminal 37 possession of a chemical weapon or biological weapon in the second 38 degree as defined in section 490.40, and criminal use of a chemical 39 weapon or biological weapon in the third degree as defined in section 40 490.47. 41 (b) Class C violent felony offenses: an attempt to commit any of the 42 class B felonies set forth in paragraph (a) of this subdivision; aggra- 43 vated criminally negligent homicide as defined in section 125.11, aggra- 44 vated manslaughter in the second degree as defined in section 125.21, 45 aggravated sexual abuse in the second degree as defined in section 46 130.67, assault on a peace officer, police officer, fireman or emergency 47 medical services professional as defined in section 120.08, assault on a 48 judge as defined in section 120.09, gang assault in the second degree as 49 defined in section 120.06, aggravated abuse of a child in the first 50 degree as defined in section 120.09-b, strangulation in the first degree 51 as defined in section 121.13, burglary in the second degree as defined 52 in section 140.25, robbery in the second degree as defined in section 53 160.10, criminal possession of a weapon in the second degree as defined 54 in section 265.03, criminal use of a firearm in the second degree as 55 defined in section 265.08, criminal sale of a firearm in the second 56 degree as defined in section 265.12, criminal sale of a firearm with the

S. 2573 5 1 aid of a minor as defined in section 265.14, aggravated criminal 2 possession of a weapon as defined in section 265.19, soliciting or 3 providing support for an act of terrorism in the first degree as defined 4 in section 490.15, hindering prosecution of terrorism in the second 5 degree as defined in section 490.30, and criminal possession of a chemi- 6 cal weapon or biological weapon in the third degree as defined in 7 section 490.37. 8 (c) Class D violent felony offenses: an attempt to commit any of the 9 class C felonies set forth in paragraph (b); reckless assault of a child 10 as defined in section 120.02, assault in the second degree as defined in 11 section 120.05, aggravated abuse of a child in the second degree as 12 defined in section 120.09-a, menacing a police officer or peace officer 13 as defined in section 120.18, stalking in the first degree, as defined 14 in subdivision one of section 120.60, strangulation in the second degree 15 as defined in section 121.12, rape in the second degree as defined in 16 section 130.30, criminal sexual act in the second degree as defined in 17 section 130.45, sexual abuse in the first degree as defined in section 18 130.65, course of sexual conduct against a child in the second degree as 19 defined in section 130.80, aggravated sexual abuse in the third degree 20 as defined in section 130.66, facilitating a sex offense with a 21 controlled substance as defined in section 130.90, labor trafficking as 22 defined in paragraphs (a) and (b) of subdivision three of section 23 135.35, criminal possession of a weapon in the third degree as defined 24 in subdivision five, six, seven, eight, nine or ten of section 265.02, 25 criminal sale of a firearm in the third degree as defined in section 26 265.11, intimidating a victim or witness in the second degree as defined 27 in section 215.16, soliciting or providing support for an act of terror- 28 ism in the second degree as defined in section 490.10, and making a 29 terroristic threat as defined in section 490.20, falsely reporting an 30 incident in the first degree as defined in section 240.60, placing a 31 false bomb or hazardous substance in the first degree as defined in 32 section 240.62, placing a false bomb or hazardous substance in a sports 33 stadium or arena, mass transportation facility or enclosed shopping mall 34 as defined in section 240.63, and aggravated unpermitted use of indoor 35 pyrotechnics in the first degree as defined in section 405.18. 36 § 7. Subdivision 1 of section 110.05 of the penal law, as amended by 37 section 8 of subpart A of part H of chapter 55 of the laws of 2014, is 38 amended to read as follows: 39 1. Class A-I felony when the crime attempted is the A-I felony of 40 murder in the first degree, aggravated murder as defined in subdivision 41 one of section 125.26 of this chapter, aggravated murder of a child, 42 criminal possession of a controlled substance in the first degree, crim- 43 inal sale of a controlled substance in the first degree, criminal 44 possession of a chemical or biological weapon in the first degree or 45 criminal use of a chemical or biological weapon in the first degree; 46 § 8. Section 120.01 of the penal law, as added by chapter 600 of the 47 laws of 1998, is amended to read as follows: 48 § 120.01 [~~Reckless assault~~] Aggravated abuse of a child [~~by a child day~~ 49 ~~care provider~~] in the third degree. 50 A person is guilty of [~~reckless assault~~] aggravated abuse of a child 51 in the third degree when, being [~~a child day care provider or an employ-~~ 52 ~~ee thereof~~] 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 recklessly causes [~~serious~~] physical injury to [a] such child [~~under~~

S. 2573 6 1 ~~the care of such provider or employee who is less than eleven years of~~ 2 ~~age~~]. 3 [~~Reckless assault~~] Aggravated abuse of a child [~~by a child day care~~ 4 ~~provider~~] in the third degree is a class E felony. 5 § 9. The penal law is amended by adding two new sections 120.09-a and 6 120.09-b to read as follows: 7 § 120.09-a Aggravated abuse of a child in the second degree. 8 A person is guilty of aggravated abuse of a child in the second degree 9 when being eighteen years old or more, and being a parent, guardian or 10 other person legally charged with the custody of, or legally responsible 11 for the care of, a child less than fourteen years old, or being a person 12 in a position of trust of a child less than fourteen years old, he or 13 she: 14 1. with intent to cause physical injury to another person, causes 15 physical injury to such child; or 16 2. recklessly engages in conduct which creates a grave risk of serious 17 physical injury or death to such child and thereby causes serious phys- 18 ical injury to such child; or 19 3. commits the crime of aggravated abuse of a child in the third 20 degree as defined in section 120.01 of this article and previously has 21 been convicted of a child abuse offense. 22 Aggravated abuse of a child in the second degree is a class D felony. 23 § 120.09-b Aggravated abuse of a child in the first degree. 24 A person is guilty of aggravated abuse of a child in the first degree 25 when being eighteen years old or more, and being a parent, guardian or 26 other person legally charged with the custody of, or legally responsible 27 for the care of, a child less than fourteen years old, or being a person 28 in a position of trust of a child less than fourteen years old, he or 29 she: 30 1. with intent to cause serious physical injury to another person, 31 causes serious physical injury to such child; or 32 2. recklessly engages in violent shaking of such child and thereby 33 causes serious physical injury to such child and such child is less than 34 five years old; or 35 3. recklessly engages in conduct which creates a grave risk of serious 36 physical injury or death to such child and thereby causes serious phys- 37 ical injury to such child, and: 38 (a) has previously been convicted of a child abuse offense; or 39 (b) as part of the same transaction, recklessly engages in conduct 40 which creates a grave risk of serious physical injury or death to anoth- 41 er child less than fourteen years old and thereby causes serious phys- 42 ical injury to such other child; or 43 (c) causes such injury by means of a deadly weapon or dangerous 44 instrument; or 45 (d) on at least one other occasion, recklessly engaged in conduct 46 which created a grave risk of serious physical injury or death to a 47 child less than fourteen years old and thereby caused serious physical 48 injury to such child. 49 Aggravated abuse of a child in the first degree is a class C felony. 50 § 10. The penal law is amended by adding two new sections 125.23 and 51 125.28 to read as follows: 52 § 125.23 Aggravated manslaughter of a child. 53 A person is guilty of aggravated manslaughter of a child when, being 54 eighteen years old or more, and being a parent, guardian or other person 55 legally charged with the custody of, or legally responsible for the care 56 of, a child less than fourteen years old, or being a person in a posi-

S. 2573 7 1 tion of trust of a child less than fourteen years old, he or she reck- 2 lessly engages in conduct which creates a grave risk of serious physical 3 injury or death to such child and thereby causes the death of such 4 child. 5 Aggravated manslaughter of a child is a class B felony. 6 § 125.28 Aggravated murder of a child. 7 A person is guilty of aggravated murder of a child when: 8 1. with intent to cause the death of a child less than fourteen years 9 old, and being eighteen years old or more, and being the parent, guardi- 10 an or other person legally charged with the custody of, or legally 11 responsible for the care of, such child, or being a person in a position 12 of trust of a child less than fourteen years old, he or she causes the 13 death of such child; or 14 2. under circumstances evincing a depraved indifference to human life, 15 and being eighteen years old or more, and being the parent, guardian or 16 other person legally charged with the custody of, or legally responsible 17 for the care of, a child less than fourteen years old, or being a person 18 in a position of trust of a child less than fourteen years old, he or 19 she recklessly engages in conduct which creates a grave risk of serious 20 physical injury or death to such child and thereby causes the death of 21 such child; or 22 3. being eighteen years old or more, while in the course of committing 23 rape in the first, second or third degree, criminal sexual act in the 24 first, second or third degree, aggravated sexual abuse in the first, 25 second, third or fourth degree, or incest against a child less than 26 fourteen years old, he or she intentionally causes the death of such 27 child. 28 Aggravated murder of a child is a class A-I felony. 29 § 11. Subdivision 4 of section 125.25 of the penal law, as amended by 30 chapter 459 of the laws of 2004, is amended to read as follows: 31 4. Under circumstances evincing a depraved indifference to human life, 32 and being eighteen years old or more the defendant recklessly engages in 33 conduct which creates a grave risk of serious physical injury or death 34 to another person less than eleven years old and thereby causes the 35 death of such person[~~; or~~]. 36 § 12. Subdivision 5 of section 125.25 of the penal law is REPEALED. 37 § 13. Subparagraph (ix) of paragraph (a) of subdivision 1 of section 38 125.27 of the penal law, as added by chapter 1 of the laws of 1995, is 39 amended to read as follows: 40 (ix) prior to committing the killing, the defendant had been convicted 41 of murder as defined in this section or section 125.25 of this article 42 or convicted of aggravated murder of a child as defined in section 43 125.28 of this article, or had been convicted in another jurisdiction of 44 an offense which, if committed in this state, would constitute a 45 violation of [~~either of such~~] the aforementioned sections; or 46 § 14. The penal law is amended by adding a new section 260.09 to read 47 as follows: 48 § 260.09 Aggravated endangering the welfare of a child. 49 A person is guilty of aggravated endangering the welfare of a child 50 when, being eighteen years old or more, and being a parent, guardian or 51 other person legally charged with the custody of, or legally responsible 52 for the care of, a child less than fourteen years old, or being a person 53 in a position of trust of a child less than fourteen years old, he or 54 she knowingly acts in a manner likely to be injurious to the physical, 55 mental or moral welfare of such child, and: 56 1. previously has been convicted of a child abuse offense; or

S. 2573 8 1 2. such conduct consists of two or more acts of cruelty against such 2 child. For purposes of this subdivision, "cruelty" means conduct which 3 (a) causes extreme physical pain, or (b) which is carried out in an 4 especially vicious or sadistic manner. 5 Aggravated endangering the welfare of a child is a class E felony. 6 § 15. Paragraph (a) of subdivision 3 of section 30.30 of the criminal 7 procedure law, as amended by chapter 93 of the laws of 2006, is amended 8 to read as follows: 9 (a) Subdivisions one and two do not apply to a criminal action wherein 10 the defendant is accused of an offense defined in sections 125.10, 11 125.15, 125.20, 125.25, 125.26 [~~and~~], 125.27 and 125.28 of the penal 12 law. 13 § 16. Subdivision 1 of section 180.85 of the criminal procedure law, 14 as amended by chapter 93 of the laws of 2006, is amended to read as 15 follows: 16 1. After arraignment of a defendant upon a felony complaint, other 17 than a felony complaint charging an offense defined in section 125.10, 18 125.15, 125.20, 125.23, 125.25, 125.26 [or], 125.27 or 125.28 of the 19 penal law, either party or the local criminal court or superior court 20 before which the action is pending, on its own motion, may move in 21 accordance with the provisions of this section for an order terminating 22 prosecution of the charges contained in such felony complaint on consent 23 of the parties. 24 § 17. Paragraph (h) of subdivision 3 of section 190.25 of the criminal 25 procedure law, as amended by chapter 347 of the laws of 2014, is amended 26 to read as follows: 27 (h) A social worker, rape crisis counselor, psychologist or other 28 professional providing emotional support to a child witness twelve years 29 old or younger, or a social worker or informal caregiver, as provided in 30 subdivision two of section two hundred six of the elder law, for a 31 vulnerable elderly person as provided in subdivision three of section 32 260.31 of the penal law, who is called to give evidence in a grand jury 33 proceeding concerning a crime defined in article one hundred twenty-one, 34 article one hundred thirty, article two hundred sixty, section 120.01, 35 120.09-a, 120.09-b, 120.10, 125.10, 125.15, 125.20, 125.23, 125.25, 36 125.26, 125.27, 125.28, 255.25, 255.26 [or], 255.27 or 260.09 of the 37 penal law provided that the district attorney consents. Such support 38 person shall not provide the witness with an answer to any question or 39 otherwise participate in such proceeding and shall first take an oath 40 before the grand jury that he or she will keep secret all matters before 41 such grand jury within his or her knowledge. 42 § 18. Paragraph (b) of subdivision 8 of section 700.05 of the criminal 43 procedure law, as amended by chapter 189 of the laws of 2018, is amended 44 to read as follows: 45 (b) Any of the following felonies: assault in the second degree as 46 defined in section 120.05 of the penal law, aggravated abuse of a child 47 in the third degree as defined in section 120.01 of the penal law, 48 aggravated abuse of a child in the second degree as defined in section 49 120.09-a of the penal law, aggravated abuse of a child in the first 50 degree as defined in section 120.09-b of the penal law, assault in the 51 first degree as defined in section 120.10 of the penal law, reckless 52 endangerment in the first degree as defined in section 120.25 of the 53 penal law, promoting a suicide attempt as defined in section 120.30 of 54 the penal law, strangulation in the second degree as defined in section 55 121.12 of the penal law, strangulation in the first degree as defined in 56 section 121.13 of the penal law, criminally negligent homicide as

S. 2573 9 1 defined in section 125.10 of the penal law, manslaughter in the second 2 degree as defined in section 125.15 of the penal law, manslaughter in 3 the first degree as defined in section 125.20 of the penal law, aggra- 4 vated manslaughter of a child as defined in section 125.23 of the penal 5 law, murder in the second degree as defined in section 125.25 of the 6 penal law, murder in the first degree as defined in section 125.27 of 7 the penal law, aggravated murder of a child as defined in section 125.28 8 of the penal law, abortion in the second degree as defined in section 9 125.40 of the penal law, abortion in the first degree as defined in 10 section 125.45 of the penal law, rape in the third degree as defined in 11 section 130.25 of the penal law, rape in the second degree as defined in 12 section 130.30 of the penal law, rape in the first degree as defined in 13 section 130.35 of the penal law, criminal sexual act in the third degree 14 as defined in section 130.40 of the penal law, criminal sexual act in 15 the second degree as defined in section 130.45 of the penal law, crimi- 16 nal sexual act in the first degree as defined in section 130.50 of the 17 penal law, sexual abuse in the first degree as defined in section 130.65 18 of the penal law, unlawful imprisonment in the first degree as defined 19 in section 135.10 of the penal law, kidnapping in the second degree as 20 defined in section 135.20 of the penal law, kidnapping in the first 21 degree as defined in section 135.25 of the penal law, labor trafficking 22 as defined in section 135.35 of the penal law, aggravated labor traf- 23 ficking as defined in section 135.37 of the penal law, custodial inter- 24 ference in the first degree as defined in section 135.50 of the penal 25 law, coercion in the first degree as defined in section 135.65 of the 26 penal law, criminal trespass in the first degree as defined in section 27 140.17 of the penal law, burglary in the third degree as defined in 28 section 140.20 of the penal law, burglary in the second degree as 29 defined in section 140.25 of the penal law, burglary in the first degree 30 as defined in section 140.30 of the penal law, criminal mischief in the 31 third degree as defined in section 145.05 of the penal law, criminal 32 mischief in the second degree as defined in section 145.10 of the penal 33 law, criminal mischief in the first degree as defined in section 145.12 34 of the penal law, criminal tampering in the first degree as defined in 35 section 145.20 of the penal law, arson in the fourth degree as defined 36 in section 150.05 of the penal law, arson in the third degree as defined 37 in section 150.10 of the penal law, arson in the second degree as 38 defined in section 150.15 of the penal law, arson in the first degree as 39 defined in section 150.20 of the penal law, grand larceny in the fourth 40 degree as defined in section 155.30 of the penal law, grand larceny in 41 the third degree as defined in section 155.35 of the penal law, grand 42 larceny in the second degree as defined in section 155.40 of the penal 43 law, grand larceny in the first degree as defined in section 155.42 of 44 the penal law, health care fraud in the fourth degree as defined in 45 section 177.10 of the penal law, health care fraud in the third degree 46 as defined in section 177.15 of the penal law, health care fraud in the 47 second degree as defined in section 177.20 of the penal law, health care 48 fraud in the first degree as defined in section 177.25 of the penal law, 49 robbery in the third degree as defined in section 160.05 of the penal 50 law, robbery in the second degree as defined in section 160.10 of the 51 penal law, robbery in the first degree as defined in section 160.15 of 52 the penal law, unlawful use of secret scientific material as defined in 53 section 165.07 of the penal law, criminal possession of stolen property 54 in the fourth degree as defined in section 165.45 of the penal law, 55 criminal possession of stolen property in the third degree as defined in 56 section 165.50 of the penal law, criminal possession of stolen property

S. 2573 10 1 in the second degree as defined by section 165.52 of the penal law, 2 criminal possession of stolen property in the first degree as defined by 3 section 165.54 of the penal law, trademark counterfeiting in the second 4 degree as defined in section 165.72 of the penal law, trademark counter- 5 feiting in the first degree as defined in section 165.73 of the penal 6 law, forgery in the second degree as defined in section 170.10 of the 7 penal law, forgery in the first degree as defined in section 170.15 of 8 the penal law, criminal possession of a forged instrument in the second 9 degree as defined in section 170.25 of the penal law, criminal 10 possession of a forged instrument in the first degree as defined in 11 section 170.30 of the penal law, criminal possession of forgery devices 12 as defined in section 170.40 of the penal law, falsifying business 13 records in the first degree as defined in section 175.10 of the penal 14 law, tampering with public records in the first degree as defined in 15 section 175.25 of the penal law, offering a false instrument for filing 16 in the first degree as defined in section 175.35 of the penal law, issu- 17 ing a false certificate as defined in section 175.40 of the penal law, 18 criminal diversion of prescription medications and prescriptions in the 19 second degree as defined in section 178.20 of the penal law, criminal 20 diversion of prescription medications and prescriptions in the first 21 degree as defined in section 178.25 of the penal law, residential mort- 22 gage fraud in the fourth degree as defined in section 187.10 of the 23 penal law, residential mortgage fraud in the third degree as defined in 24 section 187.15 of the penal law, residential mortgage fraud in the 25 second degree as defined in section 187.20 of the penal law, residential 26 mortgage fraud in the first degree as defined in section 187.25 of the 27 penal law, escape in the second degree as defined in section 205.10 of 28 the penal law, escape in the first degree as defined in section 205.15 29 of the penal law, absconding from temporary release in the first degree 30 as defined in section 205.17 of the penal law, promoting prison contra- 31 band in the first degree as defined in section 205.25 of the penal law, 32 hindering prosecution in the second degree as defined in section 205.60 33 of the penal law, hindering prosecution in the first degree as defined 34 in section 205.65 of the penal law, sex trafficking as defined in 35 section 230.34 of the penal law, sex trafficking of a child as defined 36 in section 230.34-a of the penal law, criminal possession of a weapon in 37 the third degree as defined in subdivisions two, three and five of 38 section 265.02 of the penal law, criminal possession of a weapon in the 39 second degree as defined in section 265.03 of the penal law, criminal 40 possession of a weapon in the first degree as defined in section 265.04 41 of the penal law, manufacture, transport, disposition and defacement of 42 weapons and dangerous instruments and appliances defined as felonies in 43 subdivisions one, two, and three of section 265.10 of the penal law, 44 sections 265.11, 265.12 and 265.13 of the penal law, or prohibited use 45 of weapons as defined in subdivision two of section 265.35 of the penal 46 law, relating to firearms and other dangerous weapons, or failure to 47 disclose the origin of a recording in the first degree as defined in 48 section 275.40 of the penal law; 49 § 19. Paragraph (a) of subdivision 4 of section 509-cc of the vehicle 50 and traffic law, as amended by chapter 189 of the laws of 2018, is 51 amended to read as follows: 52 (a) The offenses referred to in subparagraph (ii) of paragraph (a) of 53 subdivision one and paragraph (a) of subdivision two of this section 54 that result in permanent disqualification shall include a conviction 55 under sections 125.12, 125.13, 125.14, 125.15, 125.20, 125.21, 125.22, 56 125.25, 125.26, 125.27, 130.30, 130.35, 130.45, 130.50, 130.65, 130.66,

S. 2573 11 1 130.67, 130.70, 130.75, 130.80, 130.90, 130.95, 130.96, 135.25, 150.20, 2 230.30, 230.32, 230.34, 230.34-a, 235.22, 263.05, 263.10, 263.11, 3 263.15, 263.16 of the penal law or an attempt to commit any of the afor- 4 esaid offenses under section 110.00 of the penal law, or a child abuse 5 offense as defined in subdivision twenty-three of section 10.00 of the 6 penal law, or any offenses committed under a former section of the penal 7 law which would constitute violations of the aforesaid sections of the 8 penal law, or any offenses committed outside this state which would 9 constitute violations of the aforesaid sections of the penal law. 10 § 20. Section 4-1.6 of the estates, powers and trusts law, as added by 11 chapter 481 of the laws of 1994, is amended to read as follows: 12 § 4-1.6 Disqualification of joint tenant in certain instances 13 Notwithstanding any other provision of law to the contrary, a joint 14 tenant convicted of murder in the second degree as defined in section 15 125.25 of the penal law or murder in the first degree as defined in 16 section 125.27 of the penal law or aggravated murder of a child as 17 defined in section 125.28 of the penal law of another joint tenant shall 18 not be entitled to the distribution of any monies in a joint bank 19 account created or contributed to by the deceased joint tenant, except 20 for those monies contributed by the convicted joint tenant. 21 Upon the conviction of such joint tenant of first or second degree 22 murder and upon application by the prosecuting attorney, the court, as 23 part of its sentence, shall issue an order directing the amount of any 24 joint bank account to be distributed pursuant to the provisions of this 25 section from the convicted joint tenant and to the deceased joint 26 tenant's estate. The court and the prosecuting attorney shall each have 27 the power to subpoena records of a banking institution to determine the 28 amount of money in such bank account and by whom deposits were made. The 29 court shall also have the power to freeze such account upon application 30 by the prosecuting attorney during the pendency of a trial for first or 31 second degree murder. If, upon receipt of such court orders described in 32 this section, the banking institution holding monies in such joint 33 account complies with the terms of the order, such banking institution 34 shall be held free from all liability for the distribution of such funds 35 as were in such joint account. In the absence of actual or constructive 36 notice of such order, the banking institution holding monies in such 37 account shall be held harmless for distributing the money according to 38 its ordinary course of business. 39 For purposes of this section, the term banking institution shall have 40 the same meaning as provided for in paragraph (b) of subdivision three 41 of section nine-f of the banking law. 42 § 21. Subparagraph 2 of paragraph (b) of subdivision 3 of section 43 358-a of the social services law, as added by chapter 7 of the laws of 44 1999, is amended to read as follows: 45 (2) the parent of such child has been convicted of (i) aggravated 46 manslaughter of a child as defined in section 125.23 or aggravated 47 murder of a child as defined in section 125.28 or murder in the first 48 degree as defined in section 125.27 or murder in the second degree as 49 defined in section 125.25 of the penal law and the victim was another 50 child of the parent; or (ii) manslaughter in the first degree as defined 51 in section 125.20 or manslaughter in the second degree as defined in 52 section 125.15 of the penal law and the victim was another child of the 53 parent, provided, however, that the parent must have acted voluntarily 54 in committing such crime;

S. 2573 12 1 § 22. Clause (A) of subparagraph (iii) of paragraph (a) of subdivision 2 8 of section 384-b of the social services law, as amended by chapter 460 3 of the laws of 2006, is amended to read as follows: 4 (A) the parent of such child has been convicted of aggravated 5 manslaughter of a child as defined in section 125.23, aggravated murder 6 of a child as defined in section 125.28, murder in the first degree as 7 defined in section 125.27, murder in the second degree as defined in 8 section 125.25, manslaughter in the first degree as defined in section 9 125.20, or manslaughter in the second degree as defined in section 10 125.15, and the victim of any such crime was another child of the parent 11 or another child for whose care such parent is or has been legally 12 responsible as defined in subdivision (g) of section one thousand twelve 13 of the family court act, or another parent of the child, unless the 14 convicted parent was a victim of physical, sexual or psychological abuse 15 by the decedent parent and such abuse was a factor in causing the homi- 16 cide; or has been convicted of an attempt to commit any of the foregoing 17 crimes, and the victim or intended victim was the child or another child 18 of the parent or another child for whose care such parent is or has been 19 legally responsible as defined in subdivision (g) of section one thou- 20 sand twelve of the family court act, or another parent of the child, 21 unless the convicted parent was a victim of physical, sexual or psycho- 22 logical abuse by the decedent parent and such abuse was a factor in 23 causing the attempted homicide; 24 § 23. This act shall take effect immediately.

Enacts the child protection act of 2019; repealer

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