Bill S3582A-2011

Enacts Erin's law; repealer

Enacts "Erin's law"; establishes the class A-I felony of aggravated murder of a child for which the sentence shall be life imprisonment without parole; aggravated murder of a child shall include intentional killing of a person under 14 while in the course of committing rape, criminal sexual acts, aggravated sexual abuse or incest against such child, or the depraved indifference or intentional killing of a person under 14 while being legally responsible for the care of such child; repeals provisions of murder in the second degree which mirror certain provisions of aggravated murder of a child; treats the offense of aggravated murder of a child in a manner similar to murder in the first degree; establishes the offenses of aggravated manslaughter of a child, aggravated abuse of a child in the first, second and third degrees, and aggravated endangering the welfare of a child; requires recording of calls to the statewide central register of child abuse and maltreatment and the investigation of the prior history of a report of child abuse; requires increased scrutiny and the presence of law enforcement during investigations of a report with prior history of a report of child abuse.

Details

Actions

  • Jan 5, 2012: PRINT NUMBER 3582A
  • Jan 5, 2012: AMEND AND RECOMMIT TO CODES
  • Jan 4, 2012: REFERRED TO CODES
  • Feb 25, 2011: REFERRED TO CODES

Memo

BILL NUMBER:S3582A

TITLE OF BILL:

An act to amend the penal law, the criminal procedure law, the vehicle and traffic law, the estates, powers and trusts law, the executive law and the social services law, in relation to establishing the offense of aggravated murder of a child; to amend the penal law, the criminal procedure law, the vehicle and traffic law and the executive law, in relation to establishing the offenses of 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 and aggravated manslaughter of a child; to amend the penal law, the criminal procedure law, the vehicle and traffic law and the executive law, in relation to establishing the offense of aggravated endangering the welfare of a child; to amend the social services law, in relation to aggravated manslaughter of a child; to amend the social services law, in relation to requiring the recording of calls to the statewide central register of child abuse and maltreatment made by persons required by law to report child abuse, requiring the office of children and family services to investigate the prior history of the subject of a report of child abuse or maltreatment and requiring such office to inform a caller if a report cannot be taken; requiring increased scrutiny and the presence of law enforcement during the investigation of a child abuse or maltreatment report with prior history of such reports; to amend the family court act, in relation to the definition of the term "neglected 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

PURPOSE:

To enact Erin's Law and establish increased protections for our society's most vulnerable children.

SUMMARY OF PROVISIONS:

This legislation establishes the crimes of aggravated murder of a child, aggravated manslaughter of a child, aggravated abuse of a child in the first degree, and aggravated abuse of a child in the second degree. The penalty for aggravated murder of a child shall be life imprisonment without parole, and the penalty for a conviction of attempted aggravated murder of a child shall be at least twenty years but not more than forty years imprisonment.

This legislation establishes the crime of aggravated manslaughter of a child as a class B violent felony offense, and this legislation establishes the the crime of aggravated abuse of a child in the first

degree as a class C violent felony. Finally, this bill established the crime of aggravated abuse of a child in the second degree as a class D violent felony.

This legislation reclassifies the crime of reckless assault of a child by a child day care provider to the crime of aggravated abuse of a child in the third degree, a class E felony.

In addition, this legislation establishes the crimes of aggravated abuse of a child in the second degree (a class D felony) and the crime of aggravated abuse of a child in the first degree (a class C felony).

This legislation amends section 4-1.6 of the Estates, Powers and Trusts Law to disqualify a joint tenant from inheriting if he or she is convicted of the crime of aggravated murder of a child and the victim is another joint tenant.

This legislation amends the Social Services Law to improve and modernize the statewide central register of child abuse and maltreatment. It requires reports made to this service to be recorded and maintained for two years.

This legislation also amends the Social Services Law to require law enforcement personnel to accompany child protective investigators to a child's home when two or more reports have been received by a county Department of Social Services within six months.

This bill amends section 420 of the Social Services Law to establish a class E felony for any person who fails to report two or more instances of child abuse within two years. This legislation updates the definition of "neglected child" within the Family Court Act. The last significant changes to this section occurred many years ago, and caseworkers, law enforcement, attorneys and judges need a new, more comprehensive definition to properly address the needs of the children of New York State. The Family Court Act currently requires that a child's "physical, mental or emotional condition" be "impaired" or in "imminent danger of becoming impaired" before the child can be considered a "neglected child." This high standard hinders those who seek to protect children from a dangerous living situation. The new definition strikes a better balance for the protection of children when weighted against the competing interests of parental rights.

In addition, this legislation updates the Family Court Act by imposing new requirements upon parents for certain things they must supply or are required to provide their child or children with. These requirements -- which include a warm living environment, a sanitary living environment, psychological and/or psychiatric care if it can be afforded, emotional support, moral supervision, and sustenance -- are supported by current case law.

Finally, the Family Court Act definition of "neglected child" is amended to require parents to keep children free from disease and not in a state of diminished physical growth. Like the other changes to this section, this change is also supported by case law.

JUSTIFICATION:

Erin Maxwell, an 11 year old Oswego County girl, was found on August 29, 2008 fatally injured in her home. Erin later died at University Hospital. The Onondaga County Medical Examiner stated that Erin died of asphyxiation and also suffered sexual trauma.

Erin's stepbrother, Alan Jones, was later charged with her murder. Her father and stepmother were each charged with six counts of endangering the welfare of a child. Erin's life, like her death, was tragic. Erin lived in deplorable, filthy, and inhuman conditions. Her father, Lindsey Maxwell, admitted to authorities that the family kept "Erin locked in her bedroom." The Maxwell home was full of about one hundred cats and caged poultry. Officials at Erin's school frequently smelled cat urine on Erin's clothes. Garbage was routinely piled on the porch of the Maxwell house. Erin was fed little by her family and was frequently hungry at school.

Oswego County Department of Social Services made three visits to the Maxwell home. The final visit was in 2006. Caseworkers determined that no problems existed in the Maxwell home and that the amount of care given to Erin was adequate. The system failed Erin Maxwell. This failure led to her very sad death. Through a number of steps, Erin's Law will help to see that no child in this state is ever forced to exist in conditions similar to Erin's. This legislation increases the penalties for those who commit certain crimes against children, requires better records of calls made alleging child abuse and neglect, enhances the penalties for those who fail to report child abuse or maltreatment on multiple occasions, and updates the definition of "neglected child" to better serve the interests of New York State's most vulnerable children.

This legislation cannot help Erin Maxwell, but it can affect the lives of thousands of other New York children in similar situations.

LEGISLATIVE HISTORY: S.1510 (2009-2010) S.8782 (2008)

FISCAL IMPLICATIONS:

Undetermined.

LOCAL FISCAL IMPLICATIONS:

Undetermined.

EFFECTIVE DATE:

Immediately, provided that section 24 and 25 shall take effect 180 days after this act shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 3582--A 2011-2012 Regular Sessions IN SENATE February 25, 2011 ___________
Introduced by Sens. DeFRANCISCO, BONACIC, JOHNSON, LARKIN, MAZIARZ, O'MARA, RITCHIE -- 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, the executive law and the social services law, in relation to establishing the offense of aggravated murder of a child; to amend the penal law, the criminal procedure law, the vehicle and traffic law and the executive law, in relation to establishing the offenses of 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 and aggravated manslaughter of a child; to amend the penal law, the criminal proce- dure law, the vehicle and traffic law and the executive law, in relation to establishing the offense of aggravated endangering the welfare of a child; to amend the social services law, in relation to aggravated manslaughter of a child; to amend the social services law, in relation to requiring the recording of calls to the statewide central register of child abuse and maltreatment made by persons required by law to report child abuse, requiring the office of chil- dren and family services to investigate the prior history of the subject of a report of child abuse or maltreatment and requiring such office to inform a caller if a report cannot be taken; requiring increased scrutiny and the presence of law enforcement during the investigation of a child abuse or maltreatment report with prior history of such reports; to amend the family court act, in relation to the definition of the term "neglected child"; and to repeal subdivi- sion 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09420-02-1 S. 3582--A 2 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Short title. This act shall be known and may be cited as "Erin's law". S 2. Section 10.00 of the penal law is amended by adding two new subdivisions 21 and 22 to read as follows: 21. "PERSON IN A POSITION OF TRUST" MEANS ANY PERSON WHO IS CHARGED WITH ANY DUTY OR RESPONSIBILITY FOR THE HEALTH, EDUCATION, WELFARE, SUPERVISION OR CARE OF ANOTHER PERSON, EITHER INDEPENDENTLY OR THROUGH ANOTHER PERSON, NO MATTER HOW BRIEF. 22. "CHILD ABUSE OFFENSE" MEANS: (A) PATRONIZING A PROSTITUTE IN THE SECOND DEGREE AS DEFINED IN SECTION 230.05; PATRONIZING A PROSTITUTE IN THE FIRST DEGREE AS DEFINED IN SECTION 230.06; PROMOTING PROSTITUTION IN THE SECOND DEGREE AS DEFINED IN SUBDIVISION TWO OF SECTION 230.30; PROMOTING PROSTITUTION IN THE FIRST DEGREE AS DEFINED IN SECTION 230.32; DISSEMINATING INDECENT MATERIALS TO MINORS IN THE SECOND DEGREE AS DEFINED IN SECTION 235.21; DISSEMINATING INDECENT MATERIALS TO MINORS IN THE FIRST DEGREE AS DEFINED IN SECTION 235.22; ABANDONMENT OF A CHILD AS DEFINED IN SECTION 260.00; NON-SUPPORT OF A CHILD IN THE SECOND DEGREE AS DEFINED IN SECTION 260.05; NON-SUPPORT OF A CHILD IN THE FIRST DEGREE AS DEFINED IN SECTION 260.06; ENDANGERING THE WELFARE OF A CHILD AS DEFINED IN SECTION 260.10; AGGRAVATED ENDANGERING THE WELFARE OF A CHILD AS DEFINED IN SECTION 260.09; UNLAWFULLY DEALING WITH A CHILD IN THE FIRST DEGREE AS DEFINED IN SECTION 260.20; UNLAWFULLY DEALING WITH A CHILD IN THE SECOND DEGREE AS DEFINED IN SECTION 260.21; OR AN OFFENSE DEFINED IN ARTICLE TWO HUNDRED SIXTY-THREE OF THIS CHAPTER; OR (B) AN OFFENSE DEFINED IN ARTICLE ONE HUNDRED TWENTY, ONE HUNDRED TWENTY-FIVE, ONE HUNDRED THIRTY OR ONE HUNDRED THIRTY-FIVE OF THIS CHAP- TER PROVIDED THE VICTIM OF SUCH OFFENSE IS LESS THAN FOURTEEN YEARS OF AGE; OR (C) AN ATTEMPT TO COMMIT AN OFFENSE LISTED IN PARAGRAPH (A) OR (B) OF THIS SUBDIVISION; OR (D) AN OFFENSE IN ANY OTHER JURISDICTION WHICH INCLUDES ALL OF THE ESSENTIAL ELEMENTS OF ANY SUCH CRIME LISTED IN PARAGRAPH (A), (B) OR (C) OF THIS SUBDIVISION. S 3. Section 60.06 of the penal law, as amended by chapter 482 of the laws of 2009, is amended to read as follows: S 60.06 Authorized disposition; murder in the first degree offenders; aggravated murder offenders; AGGRAVATED MURDER OF A CHILD OFFENDERS certain murder in the second degree offenders; certain terrorism offenders; criminal possession of a chemical weapon or biological weapon offenders; criminal use of a chem- ical weapon or biological weapon offenders. When a defendant is convicted of murder in the first degree as defined in section 125.27 of this chapter, the court shall, in accordance with the provisions of section 400.27 of the criminal procedure law, sentence the defendant to death, to life imprisonment without parole in accord- ance with subdivision five of section 70.00 of this title, or to a term of imprisonment for a class A-I felony other than a sentence of life imprisonment without parole, in accordance with subdivisions one through three of section 70.00 of this title. When a person is convicted [of murder in the second degree as defined in subdivision five of section 125.25 of this chapter or] of the crime of aggravated murder as defined in subdivision one of section 125.26 of this chapter OR OF THE CRIME OF
AGGRAVATED MURDER OF A CHILD AS DEFINED IN SECTION 125.28 OF THIS CHAP- TER, the court shall sentence the defendant to life imprisonment without parole in accordance with subdivision five of section 70.00 of this title. When a defendant is convicted of the crime of terrorism as defined in section 490.25 of this chapter, and the specified offense the defendant committed is a class A-I felony offense, or when a defendant is convicted of the crime of criminal possession of a chemical weapon or biological weapon in the first degree as defined in section 490.45 of this chapter, or when a defendant is convicted of the crime of criminal use of a chemical weapon or biological weapon in the first degree as defined in section 490.55 of this chapter, the court shall sentence the defendant to life imprisonment without parole in accordance with subdi- vision five of section 70.00 of this title; provided, however, that nothing in this section shall preclude or prevent a sentence of death when the defendant is also convicted of murder in the first degree as defined in section 125.27 of this chapter. When a defendant is convicted of aggravated murder as defined in subdivision two of section 125.26 of this chapter, the court shall sentence the defendant to life imprison- ment without parole or to a term of imprisonment for a class A-I felony other than a sentence of life imprisonment without parole, in accordance with subdivisions one through three of section 70.00 of this title. S 4. Subparagraph (i) of paragraph (a) of subdivision 3 of section 70.00 of the penal law, as amended by chapter 107 of the laws of 2006, is amended to read as follows: (i) For a class A-I felony, such minimum period shall not be less than fifteen years nor more than twenty-five years; provided, however, that (A) where a sentence, other than a sentence of death or life imprison- ment without parole, is imposed upon a defendant convicted of murder in the first degree as defined in section 125.27 of this chapter such mini- mum period shall be not less than twenty years nor more than twenty-five years, and, (B) where a sentence is imposed upon a defendant [convicted of murder in the second degree as defined in subdivision five of section 125.25 of this chapter or] convicted of aggravated murder as defined in section 125.26 of this chapter OR CONVICTED OF AGGRAVATED MURDER OF A CHILD AS DEFINED IN SECTION 125.28 OF THIS CHAPTER, the sentence shall be life imprisonment without parole, and, (C) where a sentence is imposed upon a defendant convicted of attempted murder in the first degree as defined in article one hundred ten of this chapter and subpar- agraph (i), (ii) or (iii) of paragraph (a) of subdivision one and para- graph (b) of subdivision one of section 125.27 of this chapter or attempted aggravated murder as defined in article one hundred ten of this chapter and section 125.26 of this chapter OR ATTEMPTED AGGRAVATED MURDER OF A CHILD AS DEFINED IN ARTICLE ONE HUNDRED TEN OF THIS CHAPTER AND SECTION 125.28 OF THIS CHAPTER such minimum period shall be not less than twenty years nor more than forty years. S 5. Subdivision 5 of section 70.00 of the penal law, as amended by chapter 482 of the laws of 2009, is amended to read as follows: 5. Life imprisonment without parole. Notwithstanding any other provision of law, a defendant sentenced to life imprisonment without parole shall not be or become eligible for parole or conditional release. For purposes of commitment and custody, other than parole and conditional release, such sentence shall be deemed to be an indetermi- nate sentence. A defendant may be sentenced to life imprisonment with- out parole upon conviction for the crime of murder in the first degree as defined in section 125.27 of this chapter and in accordance with the procedures provided by law for imposing a sentence for such crime. A
defendant must be sentenced to life imprisonment without parole upon conviction for the crime of terrorism as defined in section 490.25 of this chapter, where the specified offense the defendant committed is a class A-I felony; the crime of criminal possession of a chemical weapon or biological weapon in the first degree as defined in section 490.45 of this chapter; or the crime of criminal use of a chemical weapon or biological weapon in the first degree as defined in section 490.55 of this chapter; provided, however, that nothing in this subdivision shall preclude or prevent a sentence of death when the defendant is also convicted of the crime of murder in the first degree as defined in section 125.27 of this chapter. A defendant must be sentenced to life imprisonment without parole upon conviction [for the crime of murder in the second degree as defined in subdivision five of section 125.25 of this chapter or] for the crime of aggravated murder as defined in subdi- vision one of section 125.26 of this chapter OR FOR THE CRIME OF AGGRA- VATED MURDER OF A CHILD AS DEFINED IN SECTION 125.28 OF THIS CHAPTER. A defendant may be sentenced to life imprisonment without parole upon conviction for the crime of aggravated murder as defined in subdivision two of section 125.26 of this chapter. S 6. Paragraphs (a), (b) and (c) of subdivision 1 of section 70.02 of the penal law, paragraph (a) as amended by chapter 320 of the laws of 2006, paragraph (b) as amended by chapter 148 of the laws of 2011 and paragraph (c) as amended by chapter 405 of the laws of 2010, are amended to read as follows: (a) Class B violent felony offenses: an attempt to commit the class A-I felonies of murder in the second degree as defined in section 125.25, kidnapping in the first degree as defined in section 135.25, and arson in the first degree as defined in section 150.20; manslaughter in the first degree as defined in section 125.20, aggravated manslaughter in the first degree as defined in section 125.22, AGGRAVATED MANSLAUGHT- ER OF A CHILD AS DEFINED IN SECTION 125.23, rape in the first degree as defined in section 130.35, criminal sexual act in the first degree as defined in section 130.50, aggravated sexual abuse in the first degree as defined in section 130.70, course of sexual conduct against a child in the first degree as defined in section 130.75; assault in the first degree as defined in section 120.10, kidnapping in the second degree as defined in section 135.20, burglary in the first degree as defined in section 140.30, arson in the second degree as defined in section 150.15, robbery in the first degree as defined in section 160.15, incest in the first degree as defined in section 255.27, criminal possession of a weapon in the first degree as defined in section 265.04, criminal use of a firearm in the first degree as defined in section 265.09, criminal sale of a firearm in the first degree as defined in section 265.13, aggravated assault upon a police officer or a peace officer as defined in section 120.11, gang assault in the first degree as defined in section 120.07, intimidating a victim or witness in the first degree as defined in section 215.17, hindering prosecution of terrorism in the first degree as defined in section 490.35, criminal possession of a chemical weapon or biological weapon in the second degree as defined in section 490.40, and criminal use of a chemical weapon or biological weapon in the third degree as defined in section 490.47. (b) Class C violent felony offenses: an attempt to commit any of the class B felonies set forth in paragraph (a) of this subdivision; aggra- vated criminally negligent homicide as defined in section 125.11, aggra- vated manslaughter in the second degree as defined in section 125.21, aggravated sexual abuse in the second degree as defined in section
130.67, assault on a peace officer, police officer, fireman or emergency medical services professional as defined in section 120.08, assault on a judge as defined in section 120.09, gang assault in the second degree as defined in section 120.06, AGGRAVATED ABUSE OF A CHILD IN THE FIRST DEGREE AS DEFINED IN SECTION 120.19-A, strangulation in the first degree as defined in section 121.13, burglary in the second degree as defined in section 140.25, robbery in the second degree as defined in section 160.10, criminal possession of a weapon in the second degree as defined in section 265.03, criminal use of a firearm in the second degree as defined in section 265.08, criminal sale of a firearm in the second degree as defined in section 265.12, criminal sale of a firearm with the aid of a minor as defined in section 265.14, soliciting or providing support for an act of terrorism in the first degree as defined in section 490.15, hindering prosecution of terrorism in the second degree as defined in section 490.30, and criminal possession of a chemical weapon or biological weapon in the third degree as defined in section 490.37. (c) Class D violent felony offenses: an attempt to commit any of the class C felonies set forth in paragraph (b); reckless assault of a child as defined in section 120.02, assault in the second degree as defined in section 120.05, AGGRAVATED ABUSE OF A CHILD IN THE SECOND DEGREE AS DEFINED IN SECTION 120.19 menacing a police officer or peace officer as defined in section 120.18, stalking in the first degree, as defined in subdivision one of section 120.60, strangulation in the second degree as defined in section 121.12, rape in the second degree as defined in section 130.30, criminal sexual act in the second degree as defined in section 130.45, sexual abuse in the first degree as defined in section 130.65, course of sexual conduct against a child in the second degree as defined in section 130.80, aggravated sexual abuse in the third degree as defined in section 130.66, facilitating a sex offense with a controlled substance as defined in section 130.90, criminal possession of a weapon in the third degree as defined in subdivision five, six, seven or eight of section 265.02, criminal sale of a firearm in the third degree as defined in section 265.11, intimidating a victim or witness in the second degree as defined in section 215.16, soliciting or providing support for an act of terrorism in the second degree as defined in section 490.10, and making a terroristic threat as defined in section 490.20, falsely reporting an incident in the first degree as defined in section 240.60, placing a false bomb or hazardous substance in the first degree as defined in section 240.62, placing a false bomb or hazardous substance in a sports stadium or arena, mass transportation facility or enclosed shopping mall as defined in section 240.63, and aggravated unpermitted use of indoor pyrotechnics in the first degree as defined in section 405.18. S 7. Subdivision 1 of section 110.05 of the penal law, as amended by chapter 93 of the laws of 2006, is amended to read as follows: 1. Class A-I felony when the crime attempted is the A-I felony of murder in the first degree, aggravated murder as defined in subdivision one of section 125.26 of this chapter, AGGRAVATED MURDER OF A CHILD, criminal possession of a controlled substance in the first degree, crim- inal sale of a controlled substance in the first degree, criminal possession of a chemical or biological weapon in the first degree or criminal use of a chemical or biological weapon in the first degree; S 8. Section 120.01 of the penal law, as added by chapter 600 of the laws of 1998, is amended to read as follows:
S 120.01 [Reckless assault] AGGRAVATED ABUSE of a child [by a child day care provider] IN THE THIRD DEGREE. A person is guilty of [reckless assault] AGGRAVATED ABUSE of a child IN THE THIRD DEGREE when, being [a child day care provider or an employ- ee thereof] EIGHTEEN YEARS OLD OR MORE, AND BEING A PARENT, GUARDIAN OR OTHER PERSON LEGALLY CHARGED WITH THE CUSTODY OF, OR LEGALLY RESPONSIBLE FOR THE CARE OF, A CHILD LESS THAN FOURTEEN YEARS OLD, OR BEING A PERSON IN A POSITION OF TRUST OF A CHILD LESS THAN FOURTEEN YEARS OLD, he or she recklessly causes [serious] physical injury to [a] SUCH child [under the care of such provider or employee who is less than eleven years of age]. [Reckless assault] AGGRAVATED ABUSE of a child [by a child day care provider] IN THE THIRD DEGREE is a class E felony. S 9. The penal law is amended by adding two new sections 120.19 and 120.19-a to read as follows: S 120.19 AGGRAVATED ABUSE OF A CHILD IN THE SECOND DEGREE. A PERSON IS GUILTY OF AGGRAVATED ABUSE OF A CHILD IN THE SECOND DEGREE WHEN BEING EIGHTEEN YEARS OLD OR MORE, AND BEING A PARENT, GUARDIAN OR OTHER PERSON LEGALLY CHARGED WITH THE CUSTODY OF, OR LEGALLY RESPONSIBLE FOR THE CARE OF, A CHILD LESS THAN FOURTEEN YEARS OLD, OR BEING A PERSON IN A POSITION OF TRUST OF A CHILD LESS THAN FOURTEEN YEARS OLD, HE OR SHE: 1. WITH INTENT TO CAUSE PHYSICAL INJURY TO ANOTHER PERSON, CAUSES PHYSICAL INJURY TO SUCH CHILD; OR 2. RECKLESSLY ENGAGES IN CONDUCT WHICH CREATES A GRAVE RISK OF SERIOUS PHYSICAL INJURY OR DEATH TO SUCH CHILD AND THEREBY CAUSES SERIOUS PHYS- ICAL INJURY TO SUCH CHILD; OR 3. COMMITS THE CRIME OF AGGRAVATED ABUSE OF A CHILD IN THE THIRD DEGREE AS DEFINED IN SECTION 120.01 OF THIS ARTICLE AND PREVIOUSLY HAS BEEN CONVICTED OF A CHILD ABUSE OFFENSE. AGGRAVATED ABUSE OF A CHILD IN THE SECOND DEGREE IS A CLASS D FELONY. S 120.19-A AGGRAVATED ABUSE OF A CHILD IN THE FIRST DEGREE. A PERSON IS GUILTY OF AGGRAVATED ABUSE OF A CHILD IN THE FIRST DEGREE WHEN BEING EIGHTEEN YEARS OLD OR MORE, AND BEING A PARENT, GUARDIAN OR OTHER PERSON LEGALLY CHARGED WITH THE CUSTODY OF, OR LEGALLY RESPONSIBLE FOR THE CARE OF, A CHILD LESS THAN FOURTEEN YEARS OLD, OR BEING A PERSON IN A POSITION OF TRUST OF A CHILD LESS THAN FOURTEEN YEARS OLD, HE OR SHE: 1. WITH INTENT TO CAUSE SERIOUS PHYSICAL INJURY TO ANOTHER PERSON, CAUSES SERIOUS PHYSICAL INJURY TO SUCH CHILD; OR 2. RECKLESSLY ENGAGES IN VIOLENT SHAKING OF SUCH CHILD AND THEREBY CAUSES SERIOUS PHYSICAL INJURY TO SUCH CHILD AND SUCH CHILD IS LESS THAN FIVE YEARS OLD; OR 3. RECKLESSLY ENGAGES IN CONDUCT WHICH CREATES A GRAVE RISK OF SERIOUS PHYSICAL INJURY OR DEATH TO SUCH CHILD AND THEREBY CAUSES SERIOUS PHYS- ICAL INJURY TO SUCH CHILD, AND: (A) HAS PREVIOUSLY BEEN CONVICTED OF A CHILD ABUSE OFFENSE; OR (B) AS PART OF THE SAME TRANSACTION, RECKLESSLY ENGAGES IN CONDUCT WHICH CREATES A GRAVE RISK OF SERIOUS PHYSICAL INJURY OR DEATH TO ANOTH- ER CHILD LESS THAN FOURTEEN YEARS OLD AND THEREBY CAUSES SERIOUS PHYS- ICAL INJURY TO SUCH OTHER CHILD; OR (C) CAUSES SUCH INJURY BY MEANS OF A DEADLY WEAPON OR DANGEROUS INSTRUMENT; OR (D) ON AT LEAST ONE OTHER OCCASION, RECKLESSLY ENGAGED IN CONDUCT WHICH CREATED A GRAVE RISK OF SERIOUS PHYSICAL INJURY OR DEATH TO A
CHILD LESS THAN FOURTEEN YEARS OLD AND THEREBY CAUSED SERIOUS PHYSICAL INJURY TO SUCH CHILD. AGGRAVATED ABUSE OF A CHILD IN THE FIRST DEGREE IS A CLASS C FELONY. S 10. The penal law is amended by adding two new sections 125.23 and 125.28 to read as follows: S 125.23 AGGRAVATED MANSLAUGHTER OF A CHILD. A PERSON IS GUILTY OF AGGRAVATED MANSLAUGHTER OF A CHILD WHEN, BEING EIGHTEEN YEARS OLD OR MORE, AND BEING A PARENT, GUARDIAN OR OTHER PERSON LEGALLY CHARGED WITH THE CUSTODY OF, OR LEGALLY RESPONSIBLE FOR THE CARE OF, A CHILD LESS THAN FOURTEEN YEARS OLD, OR IS A PERSON IN A POSITION OF TRUST OF A CHILD LESS THAN FOURTEEN YEARS OLD, HE OR SHE RECKLESSLY ENGAGES IN CONDUCT WHICH CREATES A GRAVE RISK OF SERIOUS PHYSICAL INJURY OR DEATH TO SUCH CHILD AND THEREBY CAUSES THE DEATH OF SUCH CHILD. AGGRAVATED MANSLAUGHTER OF A CHILD IS A CLASS B FELONY. S 125.28 AGGRAVATED MURDER OF A CHILD. A PERSON IS GUILTY OF AGGRAVATED MURDER OF A CHILD WHEN: 1. WITH INTENT TO CAUSE THE DEATH OF A CHILD LESS THAN FOURTEEN YEARS OLD, AND BEING EIGHTEEN YEARS OLD OR MORE, AND BEING THE PARENT, GUARDI- AN OR OTHER PERSON LEGALLY CHARGED WITH THE CUSTODY OF, OR LEGALLY RESPONSIBLE FOR THE CARE OF, SUCH CHILD, OR BEING A PERSON IN A POSITION OF TRUST OF A CHILD LESS THAN FOURTEEN YEARS OLD, HE OR SHE CAUSES THE DEATH OF SUCH CHILD; OR 2. UNDER CIRCUMSTANCES EVINCING A DEPRAVED INDIFFERENCE TO HUMAN LIFE, AND BEING EIGHTEEN YEARS OLD OR MORE, AND BEING THE PARENT, GUARDIAN OR OTHER PERSON LEGALLY CHARGED WITH THE CUSTODY OF, OR LEGALLY RESPONSIBLE FOR THE CARE OF, A CHILD LESS THAN FOURTEEN YEARS OLD, OR BEING A PERSON IN A POSITION OF TRUST OF A CHILD LESS THAN FOURTEEN YEARS OLD, HE OR SHE RECKLESSLY ENGAGES IN CONDUCT WHICH CREATES A GRAVE RISK OF SERIOUS PHYSICAL INJURY OR DEATH TO SUCH CHILD AND THEREBY CAUSES THE DEATH OF SUCH CHILD; OR 3. BEING EIGHTEEN YEARS OLD OR MORE, WHILE IN THE COURSE OF COMMITTING RAPE IN THE FIRST, SECOND OR THIRD DEGREE, CRIMINAL SEXUAL ACT IN THE FIRST, SECOND OR THIRD DEGREE, AGGRAVATED SEXUAL ABUSE IN THE FIRST, SECOND, THIRD OR FOURTH DEGREE, OR INCEST AGAINST A CHILD LESS THAN FOURTEEN YEARS OLD, HE OR SHE INTENTIONALLY CAUSES THE DEATH OF SUCH CHILD. AGGRAVATED MURDER OF A CHILD IS A CLASS A-I FELONY. S 11. Subdivision 4 of section 125.25 of the penal law, as amended by chapter 459 of the laws of 2004, is amended to read as follows: 4. Under circumstances evincing a depraved indifference to human life, and being eighteen years old or more the defendant recklessly engages in conduct which creates a grave risk of serious physical injury or death to another person less than eleven years old and thereby causes the death of such person[; or]. S 12. Subdivision 5 of section 125.25 of the penal law is REPEALED. S 13. Subparagraph (ix) of paragraph (a) of subdivision 1 of section 125.27 of the penal law, as added by chapter 1 of the laws of 1995, is amended to read as follows: (ix) prior to committing the killing, the defendant had been convicted of murder as defined in this section or section 125.25 of this article OR CONVICTED OF AGGRAVATED MURDER OF A CHILD AS DEFINED IN SECTION 125.28 OF THIS ARTICLE, or had been convicted in another jurisdiction of an offense which, if committed in this state, would constitute a violation of [either of such] THE AFOREMENTIONED sections; or S 14. The penal law is amended by adding a new section 260.09 to read as follows:
S 260.09 AGGRAVATED ENDANGERING THE WELFARE OF A CHILD. A PERSON IS GUILTY OF AGGRAVATED ENDANGERING THE WELFARE OF A CHILD WHEN, BEING EIGHTEEN YEARS OLD OR MORE, AND BEING A PARENT, GUARDIAN OR OTHER PERSON LEGALLY CHARGED WITH THE CUSTODY OF, OR LEGALLY RESPONSIBLE FOR THE CARE OF, A CHILD LESS THAN FOURTEEN YEARS OLD, OR BEING A PERSON IN A POSITION OF TRUST OF A CHILD LESS THAN FOURTEEN YEARS OLD, HE OR SHE KNOWINGLY ACTS IN A MANNER LIKELY TO BE INJURIOUS TO THE PHYSICAL, MENTAL OR MORAL WELFARE OF SUCH CHILD, AND: 1. PREVIOUSLY HAS BEEN CONVICTED OF A CHILD ABUSE OFFENSE; OR 2. SUCH CONDUCT CONSISTS OF TWO OR MORE ACTS OF CRUELTY AGAINST SUCH CHILD. FOR PURPOSES OF THIS SUBDIVISION, "CRUELTY" MEANS CONDUCT WHICH (A) CAUSES EXTREME PHYSICAL PAIN, OR (B) WHICH IS CARRIED OUT IN AN ESPECIALLY VICIOUS OR SADISTIC MANNER. AGGRAVATED ENDANGERING THE WELFARE OF A CHILD IS A CLASS E FELONY. S 15. Paragraph (a) of subdivision 3 of section 30.30 of the criminal procedure law, as amended by chapter 93 of the laws of 2006, is amended to read as follows: (a) Subdivisions one and two do not apply to a criminal action wherein the defendant is accused of an offense defined in sections 125.10, 125.15, 125.20, 125.25, 125.26 [and], 125.27 AND 125.28 of the penal law. S 16. Subdivision 1 of section 180.85 of the criminal procedure law, as amended by chapter 93 of the laws of 2006, is amended to read as follows: 1. After arraignment of a defendant upon a felony complaint, other than a felony complaint charging an offense defined in section 125.10, 125.15, 125.20, 125.23, 125.25, 125.26 [or], 125.27 OR 125.28 of the penal law, either party or the local criminal court or superior court before which the action is pending, on its own motion, may move in accordance with the provisions of this section for an order terminating prosecution of the charges contained in such felony complaint on consent of the parties. S 17. Paragraph (h) of subdivision 3 of section 190.25 of the criminal procedure law, as amended by chapter 405 of the laws of 2010, is amended to read as follows: (h) A social worker, rape crisis counselor, psychologist or other professional providing emotional support to a child witness twelve years old or younger who is called to give evidence in a grand jury proceeding concerning a crime defined in article one hundred twenty-one, article one hundred thirty, article two hundred sixty, section 120.01, 120.19, 120.19-A, 120.10, 125.10, 125.15, 125.20, 125.25, 125.26, 125.27, 125.28, 255.25, 255.26 [or], 255.27 OR 260.09 of the penal law provided that the district attorney consents. Such support person shall not provide the witness with an answer to any question or otherwise partic- ipate in such proceeding and shall first take an oath before the grand jury that he or she will keep secret all matters before such grand jury within his or her knowledge. S 18. Paragraph (b) of subdivision 8 of section 700.05 of the criminal procedure law, as amended by chapter 405 of the laws of 2010, is amended to read as follows: (b) Any of the following felonies: assault in the second degree as defined in section 120.05 of the penal law, AGGRAVATED ABUSE OF A CHILD IN THE THIRD DEGREE AS DEFINED IN SECTION 120.01 OF THE PENAL LAW, AGGRAVATED ABUSE OF A CHILD IN THE SECOND DEGREE AS DEFINED IN SECTION 120.19 OF THE PENAL LAW, AGGRAVATED ABUSE OF A CHILD IN THE FIRST DEGREE AS DEFINED IN SECTION 120.19-A OF THE PENAL LAW, assault in the first
degree as defined in section 120.10 of the penal law, reckless endanger- ment in the first degree as defined in section 120.25 of the penal law, promoting a suicide attempt as defined in section 120.30 of the penal law, strangulation in the second degree as defined in section 121.12 of the penal law, strangulation in the first degree as defined in section 121.13 of the penal law, criminally negligent homicide as defined in section 125.10 of the penal law, manslaughter in the second degree as defined in section 125.15 of the penal law, manslaughter in the first degree as defined in section 125.20 of the penal law, AGGRAVATED MANSLAUGHTER OF A CHILD AS DEFINED IN SECTION 125.23 OF THE PENAL LAW, murder in the second degree as defined in section 125.25 of the penal law, murder in the first degree as defined in section 125.27 of the penal law, AGGRAVATED MURDER OF A CHILD AS DEFINED IN SECTION 125.28 OF THE PENAL LAW, abortion in the second degree as defined in section 125.40 of the penal law, abortion in the first degree as defined in section 125.45 of the penal law, rape in the third degree as defined in section 130.25 of the penal law, rape in the second degree as defined in section 130.30 of the penal law, rape in the first degree as defined in section 130.35 of the penal law, criminal sexual act in the third degree as defined in section 130.40 of the penal law, criminal sexual act in the second degree as defined in section 130.45 of the penal law, crimi- nal sexual act in the first degree as defined in section 130.50 of the penal law, sexual abuse in the first degree as defined in section 130.65 of the penal law, unlawful imprisonment in the first degree as defined in section 135.10 of the penal law, kidnapping in the second degree as defined in section 135.20 of the penal law, kidnapping in the first degree as defined in section 135.25 of the penal law, labor trafficking as defined in section 135.35 of the penal law, custodial interference in the first degree as defined in section 135.50 of the penal law, coercion in the first degree as defined in section 135.65 of the penal law, crim- inal trespass in the first degree as defined in section 140.17 of the penal law, burglary in the third degree as defined in section 140.20 of the penal law, burglary in the second degree as defined in section 140.25 of the penal law, burglary in the first degree as defined in section 140.30 of the penal law, criminal mischief in the third degree as defined in section 145.05 of the penal law, criminal mischief in the second degree as defined in section 145.10 of the penal law, criminal mischief in the first degree as defined in section 145.12 of the penal law, criminal tampering in the first degree as defined in section 145.20 of the penal law, arson in the fourth degree as defined in section 150.05 of the penal law, arson in the third degree as defined in section 150.10 of the penal law, arson in the second degree as defined in section 150.15 of the penal law, arson in the first degree as defined in section 150.20 of the penal law, grand larceny in the fourth degree as defined in section 155.30 of the penal law, grand larceny in the third degree as defined in section 155.35 of the penal law, grand larceny in the second degree as defined in section 155.40 of the penal law, grand larceny in the first degree as defined in section 155.42 of the penal law, health care fraud in the fourth degree as defined in section 177.10 of the penal law, health care fraud in the third degree as defined in section 177.15 of the penal law, health care fraud in the second degree as defined in section 177.20 of the penal law, health care fraud in the first degree as defined in section 177.25 of the penal law, robbery in the third degree as defined in section 160.05 of the penal law, robbery in the second degree as defined in section 160.10 of the penal law, robbery in the first degree as defined in section 160.15 of the penal
law, unlawful use of secret scientific material as defined in section 165.07 of the penal law, criminal possession of stolen property in the fourth degree as defined in section 165.45 of the penal law, criminal possession of stolen property in the third degree as defined in section 165.50 of the penal law, criminal possession of stolen property in the second degree as defined by section 165.52 of the penal law, criminal possession of stolen property in the first degree as defined by section 165.54 of the penal law, trademark counterfeiting in the second degree as defined in section 165.72 of the penal law, trademark counterfeiting in the first degree as defined in section 165.73 of the penal law, forgery in the second degree as defined in section 170.10 of the penal law, forgery in the first degree as defined in section 170.15 of the penal law, criminal possession of a forged instrument in the second degree as defined in section 170.25 of the penal law, criminal possession of a forged instrument in the first degree as defined in section 170.30 of the penal law, criminal possession of forgery devices as defined in section 170.40 of the penal law, falsifying business records in the first degree as defined in section 175.10 of the penal law, tampering with public records in the first degree as defined in section 175.25 of the penal law, offering a false instrument for filing in the first degree as defined in section 175.35 of the penal law, issu- ing a false certificate as defined in section 175.40 of the penal law, criminal diversion of prescription medications and prescriptions in the second degree as defined in section 178.20 of the penal law, criminal diversion of prescription medications and prescriptions in the first degree as defined in section 178.25 of the penal law, residential mort- gage fraud in the fourth degree as defined in section 187.10 of the penal law, residential mortgage fraud in the third degree as defined in section 187.15 of the penal law, residential mortgage fraud in the second degree as defined in section 187.20 of the penal law, residential mortgage fraud in the first degree as defined in section 187.25 of the penal law, escape in the second degree as defined in section 205.10 of the penal law, escape in the first degree as defined in section 205.15 of the penal law, absconding from temporary release in the first degree as defined in section 205.17 of the penal law, promoting prison contra- band in the first degree as defined in section 205.25 of the penal law, hindering prosecution in the second degree as defined in section 205.60 of the penal law, hindering prosecution in the first degree as defined in section 205.65 of the penal law, sex trafficking as defined in section 230.34 of the penal law, AGGRAVATED ENDANGERING THE WELFARE OF A CHILD AS DEFINED IN SECTION 260.09 OF THE PENAL LAW, criminal possession of a weapon in the third degree as defined in subdivisions two, three and five of section 265.02 of the penal law, criminal possession of a weapon in the second degree as defined in section 265.03 of the penal law, criminal possession of a weapon in the first degree as defined in section 265.04 of the penal law, manufacture, transport, disposition and defacement of weapons and dangerous instruments and appliances defined as felonies in subdivisions one, two, and three of section 265.10 of the penal law, sections 265.11, 265.12 and 265.13 of the penal law, or prohibited use of weapons as defined in subdivision two of section 265.35 of the penal law, relating to firearms and other dangerous weap- ons, or failure to disclose the origin of a recording in the first degree as defined in section 275.40 of the penal law; S 19. Paragraph (a) of subdivision 4 of section 509-cc of the vehicle and traffic law, as amended by chapter 400 of the laws of 2011, is amended to read as follows:
(a) The offenses referred to in subparagraph (ii) of paragraph (a) of subdivision one and paragraph (a) of subdivision two of this section that result in permanent disqualification shall include a conviction under sections 125.12, 125.13, 125.14, 125.15, 125.20, 125.21, 125.22, 125.25, 125.26, 125.27, 130.30, 130.35, 130.45, 130.50, 130.65, 130.66, 130.67, 130.70, 130.75, 130.80, 130.90, 130.95, 130.96, 135.25, 150.20, 230.30, 230.32, 230.34, 235.22, 263.05, 263.10, 263.11, 263.15, 263.16 of the penal law or an attempt to commit any of the aforesaid offenses under section 110.00 of the penal law, OR A CHILD ABUSE OFFENSE AS DEFINED IN SUBDIVISION TWENTY-TWO OF SECTION 10.00 OF THE PENAL LAW, or any offenses committed under a former section of the penal law which would constitute violations of the aforesaid sections of the penal law, or any offenses committed outside this state which would constitute violations of the aforesaid sections of the penal law. S 20. Section 4-1.6 of the estates, powers and trusts law, as added by chapter 481 of the laws of 1994, is amended to read as follows: S 4-1.6 Disqualification of joint tenant in certain instances Notwithstanding any other provision of law to the contrary, a joint tenant convicted of murder in the second degree as defined in section 125.25 of the penal law or murder in the first degree as defined in section 125.27 of the penal law OR AGGRAVATED MURDER OF A CHILD AS DEFINED IN SECTION 125.28 OF THE PENAL LAW of another joint tenant shall not be entitled to the distribution of any monies in a joint bank account created or contributed to by the deceased joint tenant, except for those monies contributed by the convicted joint tenant. Upon the conviction of such joint tenant of first or second degree murder and upon application by the prosecuting attorney, the court, as part of its sentence, shall issue an order directing the amount of any joint bank account to be distributed pursuant to the provisions of this section from the convicted joint tenant and to the deceased joint tenant's estate. The court and the prosecuting attorney shall each have the power to subpoena records of a banking institution to determine the amount of money in such bank account and by whom deposits were made. The court shall also have the power to freeze such account upon application by the prosecuting attorney during the pendency of a trial for first or second degree murder. If, upon receipt of such court orders described in this section, the banking institution holding monies in such joint account complies with the terms of the order, such banking institution shall be held free from all liability for the distribution of such funds as were in such joint account. In the absence of actual or constructive notice of such order, the banking institution holding monies in such account shall be held harmless for distributing the money according to its ordinary course of business. For purposes of this section, the term banking institution shall have the same meaning as provided for in paragraph (b) of subdivision three of section nine-f of the banking law. S 21. Paragraphs (a) and (d) of subdivision 7 of section 995 of the executive law, paragraph (a) as separately amended by chapters 2 and 320 of the laws of 2006 and paragraph (d) as amended by chapter 2 of the laws of 2006, are amended to read as follows: (a) sections 120.05, 120.10, and 120.11, relating to assault; sections 125.15 through [125.27] 125.28 relating to homicide; sections 130.25, 130.30, 130.35, 130.40, 130.45, 130.50, 130.65, 130.67 and 130.70, relating to sex offenses; sections 205.10, 205.15, 205.17 and 205.19, relating to escape and other offenses, where the offender has been convicted within the previous five years of one of the other felonies
specified in this subdivision; or sections 255.25, 255.26 and 255.27, relating to incest, a violent felony offense as defined in subdivision one of section 70.02 of the penal law, attempted murder in the first degree, as defined in section 110.00 and section 125.27 of the penal law, kidnapping in the first degree, as defined in section 135.25 of the penal law, arson in the first degree, as defined in section 150.20 of the penal law, burglary in the third degree, as defined in section 140.20 of the penal law, attempted burglary in the third degree, as defined in section 110.00 and section 140.20 of the penal law, a felony defined in article four hundred ninety of the penal law relating to terrorism or any attempt to commit an offense defined in such article relating to terrorism which is a felony; or (d) any of the following felonies, or an attempt thereof where such attempt is a felony offense: AGGRAVATED ABUSE OF A CHILD IN THE THIRD DEGREE, AS DEFINED IN SECTION 120.01 OF THE PENAL LAW; AGGRAVATED ABUSE OF A CHILD IN THE SECOND DEGREE, AS DEFINED IN SECTION 120.19 OF THE PENAL LAW; AGGRAVATED ABUSE OF A CHILD IN THE FIRST DEGREE, AS DEFINED IN SECTION 120.19-A OF THE PENAL LAW; aggravated assault upon a person less than eleven years old, as defined in section 120.12 of the penal law; menacing in the first degree, as defined in section 120.13 of the penal law; reckless endan- germent in the first degree, as defined in section 120.25 of the penal law; stalking in the second degree, as defined in section 120.55 of the penal law; criminally negligent homicide, as defined in section 125.10 of the penal law; vehicular manslaughter in the second degree, as defined in section 125.12 of the penal law; vehicular manslaughter in the first degree, as defined in section 125.13 of the penal law; persistent sexual abuse, as defined in section 130.53 of the penal law; aggravated sexual abuse in the fourth degree, as defined in section 130.65-a of the penal law; female genital mutilation, as defined in section 130.85 of the penal law; facilitating a sex offense with a controlled substance, as defined in section 130.90 of the penal law; unlawful imprisonment in the first degree, as defined in section 135.10 of the penal law; custodial interference in the first degree, as defined in section 135.50 of the penal law; criminal trespass in the first degree, as defined in section 140.17 of the penal law; criminal tamper- ing in the first degree, as defined in section 145.20 of the penal law; tampering with a consumer product in the first degree, as defined in section 145.45 of the penal law; robbery in the third degree as defined in section 160.05 of the penal law; identity theft in the second degree, as defined in section 190.79 of the penal law; identity theft in the first degree, as defined in section 190.80 of the penal law; promoting prison contraband in the first degree, as defined in section 205.25 of the penal law; tampering with a witness in the third degree, as defined in section 215.11 of the penal law; tampering with a witness in the second degree, as defined in section 215.12 of the penal law; tampering with a witness in the first degree, as defined in section 215.13 of the penal law; criminal contempt in the first degree, as defined in subdivi- sions (b), (c) and (d) of section 215.51 of the penal law; aggravated criminal contempt, as defined in section 215.52 of the penal law; bail jumping in the second degree, as defined in section 215.56 of the penal law; bail jumping in the first degree, as defined in section 215.57 of the penal law; patronizing a prostitute in the second degree, as defined in section 230.05 of the penal law; patronizing a prostitute in the first degree, as defined in section 230.06 of the penal law; promoting prostitution in the second degree, as defined in section 230.30 of the
penal law; promoting prostitution in the first degree, as defined in section 230.32 of the penal law; compelling prostitution, as defined in section 230.33 of the penal law; disseminating indecent materials to minors in the second degree, as defined in section 235.21 of the penal law; disseminating indecent materials to minors in the first degree, as defined in section 235.22 of the penal law; riot in the first degree, as defined in section 240.06 of the penal law; criminal anarchy, as defined in section 240.15 of the penal law; aggravated harassment of an employee by an inmate, as defined in section 240.32 of the penal law; unlawful surveillance in the second degree, as defined in section 250.45 of the penal law; unlawful surveillance in the first degree, as defined in section 250.50 of the penal law; AGGRAVATED ENDANGERING THE WELFARE OF A CHILD, AS DEFINED IN SECTION 260.09 OF THE PENAL LAW; endangering the welfare of a vulnerable elderly person, OR AN INCOMPETENT OR PHYSICALLY DISABLED PERSON in the second degree, as defined in section 260.32 of the penal law; endangering the welfare of a vulnerable elderly person, OR AN INCOMPETENT OR PHYSICALLY DISABLED PERSON in the first degree, as defined in section 260.34 of the penal law; use of a child in a sexual performance, as defined in section 263.05 of the penal law; promoting an obscene sexual performance by a child, as defined in section 263.10 of the penal law; possessing an obscene sexual performance by a child, as defined in section 263.11 of the penal law; promoting a sexual perform- ance by a child, as defined in section 263.15 of the penal law; possess- ing a sexual performance by a child, as defined in section 263.16 of the penal law; criminal possession of a weapon in the third degree, as defined in section 265.02 of the penal law; criminal sale of a firearm in the third degree, as defined in section 265.11 of the penal law; criminal sale of a firearm to a minor, as defined in section 265.16 of the penal law; unlawful wearing of a body vest, as defined in section 270.20 of the penal law; hate crimes as defined in section 485.05 of the penal law; and crime of terrorism, as defined in section 490.25 of the penal law; or S 22. Subparagraph 2 of paragraph (b) of subdivision 3 of section 358-a of the social services law, as added by chapter 7 of the laws of 1999, is amended to read as follows: (2) the parent of such child has been convicted of (i) AGGRAVATED MANSLAUGHTER OF A CHILD AS DEFINED IN SECTION 125.23 OR AGGRAVATED MURDER OF A CHILD AS DEFINED IN SECTION 125.28 OR murder in the first degree as defined in section 125.27 or murder in the second degree as defined in section 125.25 of the penal law and the victim was another child of the parent; or (ii) manslaughter in the first degree as defined in section 125.20 or manslaughter in the second degree as defined in section 125.15 of the penal law and the victim was another child of the parent, provided, however, that the parent must have acted voluntarily in committing such crime; S 23. Clause (A) of subparagraph (iii) of paragraph (a) of subdivision 8 of section 384-b of the social services law, as amended by chapter 460 of the laws of 2006, is amended to read as follows: (A) the parent of such child has been convicted of AGGRAVATED MANSLAUGHTER OF A CHILD AS DEFINED IN SECTION 125.23, AGGRAVATED MURDER OF A CHILD AS DEFINED IN SECTION 125.28, murder in the first degree as defined in section 125.27, murder in the second degree as defined in section 125.25, manslaughter in the first degree as defined in section 125.20, or manslaughter in the second degree as defined in section 125.15, and the victim of any such crime was another child of the parent or another child for whose care such parent is or has been legally
responsible as defined in subdivision (g) of section one thousand twelve of the family court act, or another parent of the child, unless the convicted parent was a victim of physical, sexual or psychological abuse by the decedent parent and such abuse was a factor in causing the homi- cide; or has been convicted of an attempt to commit any of the foregoing crimes, and the victim or intended victim was the child or another child of the parent or another child for whose care such parent is or has been legally responsible as defined in subdivision (g) of section one thou- sand twelve of the family court act, or another parent of the child, unless the convicted parent was a victim of physical, sexual or psycho- logical abuse by the decedent parent and such abuse was a factor in causing the attempted homicide; S 24. Paragraph (a) of subdivision 2 of section 422 of the social services law, as amended by chapter 574 of the laws of 2008, is amended to read as follows: (a) The central register shall be capable of receiving telephone calls alleging child abuse or maltreatment and of immediately identifying prior reports of child abuse or maltreatment and capable of monitoring the provision of child protective service twenty-four hours a day, seven days a week. To effectuate this purpose, but subject to the provisions of the appropriate local plan for the provision of child protective services, there shall be a single statewide telephone number that all persons, whether mandated by the law or not, may use to make telephone calls alleging child abuse or maltreatment and that all persons so authorized by this title may use for determining the existence of prior reports in order to evaluate the condition or circumstances of a child. In addition to the single statewide telephone number, there shall be a special unlisted express telephone number and a telephone facsimile number for use only by persons mandated by law to make telephone calls, WHICH SHALL BE RECORDED, or to transmit telephone facsimile information on a form provided by the commissioner OF CHILDREN AND FAMILY SERVICES, alleging child abuse or maltreatment, and for use by all persons so authorized by this title for determining the existence of prior reports in order to evaluate the condition or circumstances of a child. FOR ANY TELEPHONE CALL THAT CONSTITUTES A REPORT, SUCH RECORDING SHALL BE MAIN- TAINED FOR THE LENGTH OF TIME OTHERWISE REQUIRED BY THIS SECTION FOR MAINTENANCE OF ALL RECORDS THAT RELATE TO SUCH REPORT. FOR ANY TELEPHONE CALL THAT DOES NOT CONSTITUTE A REPORT, SUCH RECORDING SHALL BE MAIN- TAINED FOR TWO YEARS. SUCH RECORDINGS SHALL BE CONFIDENTIAL AND SHALL ONLY BE AVAILABLE TO THE STATEWIDE CENTRAL REGISTER OF CHILD ABUSE AND MALTREATMENT FOR THE PURPOSES OF QUALITY ASSURANCE AND ENHANCED CHILD SAFETY. PROVIDED, HOWEVER, THAT A WRITTEN TRANSCRIPT OF SUCH RECORDING MAY ONLY BE OBTAINED VIA JUDICIAL SUBPOENA BASED UPON THE JUDICIAL DETERMINATION THAT SUCH TRANSCRIPT IS NECESSARY EVIDENCE IN A CRIMINAL OR FAMILY COURT PROCEEDING PROVIDED FURTHER, THAT ANY INFORMATION RELAT- ING TO THE IDENTITY OF THE CALLER OR WHICH REASONABLY COULD LEAD TO THE IDENTIFICATION OF THE CALLER SHALL BE EXCLUDED FROM SUCH TRANSCRIPT. When any allegations contained in such telephone calls could reasonably constitute a report of child abuse or maltreatment, such allegations shall be immediately transmitted orally or electronically by the office of children and family services to the appropriate local child protec- tive service for investigation. The inability of the person calling the register to identify the alleged perpetrator shall, in no circumstance, constitute the sole cause for the register to reject such allegation or fail to transmit such allegation for investigation. WHEN DETERMINING IF THE ALLEGATIONS CONTAINED IN A TELEPHONE CALL COULD REASONABLY CONSTI-
TUTE A REPORT OF CHILD ABUSE OR MALTREATMENT, SUCH OFFICE SHALL EXAMINE THE PRIOR HISTORY OF THE SUBJECT AND ANY OTHER PERSON NAMED IN THE ALLE- GATION, SPECIFICALLY INCLUDING ALL PREVIOUS CALLS PLACED TO THE CENTRAL REGISTER RELATING TO THE SUBJECT OR ANY OTHER PERSON NAMED IN THE ALLE- GATION REGARDLESS OF WHETHER SUCH CALLS RESULTED IN A REPORT. If the records indicate a previous report concerning a subject of the report, the child alleged to be abused or maltreated, a sibling, other children in the household, other persons named in the report or other pertinent information, the appropriate local child protective service shall be immediately notified of the fact, except as provided in subdivision eleven of this section. If the report involves either (i) an allegation of an abused child described in paragraph (i), (ii) or (iii) of subdivi- sion (e) of section one thousand twelve of the family court act or sexu- al abuse of a child or the death of a child or (ii) suspected maltreat- ment which alleges any physical harm when the report is made by a person required to report pursuant to section four hundred thirteen of this title within six months of any other two reports that were indicated, or may still be pending, involving the same child, sibling, or other chil- dren in the household or the subject of the report, the office of chil- dren and family services shall identify the report as such and note any prior reports when transmitting the report to the local child protective services for investigation. S 25. Subdivision 2 of section 422 of the social services law is amended by adding a new paragraph (d) to read as follows: (D) WHENEVER A TELEPHONE CALL TO THE STATEWIDE CENTRAL REGISTER DESCRIBED IN THIS SECTION IS RECEIVED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES AND NOT REGISTERED AS A REPORT, THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL CONVEY TO THE CALLER THAT HE OR SHE HAS THE ABILITY TO DISCUSS WITH A SUPERVISOR THE REASONS FOR THE DECISION NOT TO REGISTER THE REPORT. S 26. Paragraph (a) of subdivision 6 of section 424 of the social services law, as amended by chapter 602 of the laws of 2008, is amended to read as follows: (a) upon receipt of such report, commence or cause the appropriate society for the prevention of cruelty to children to commence, within twenty-four hours, an appropriate investigation which shall include an evaluation of the environment of the child named in the report and any other children in the same home and a determination of the risk to such children if they continue to remain in the existing home environment, as well as a determination of the nature, extent and cause of any condition enumerated in such report and the name, age and condition of other chil- dren in the home, and, after seeing to the safety of the child or chil- dren, forthwith notify the subjects of the report and other persons named in the report in writing of the existence of the report and their respective rights pursuant to this title in regard to amendment. SUCH INVESTIGATION SHALL ALSO INCLUDE INCREASED SCRUTINY GIVEN TO THE EVALU- ATION OF ANY REPORT RECEIVED WITHIN SIX MONTHS OF ANY OTHER TWO REPORTS THAT WERE INDICATED OR MAY STILL BE PENDING INVOLVING THE SAME CHILD, SIBLING, OR OTHER CHILDREN IN THE HOUSEHOLD. S 27. Section 424 of the social services law is amended by adding a new subdivision 6-c to read as follows: 6-C. UPON RECEIPT OF A REPORT WHICH IS RECEIVED WITHIN SIX MONTHS OF ANY OTHER TWO REPORTS THAT WERE INDICATED OR MAY STILL BE PENDING INVOLVING THE SAME CHILD, SIBLING, OR OTHER CHILD IN THE HOUSEHOLD, A CHILD PROTECTIVE INVESTIGATOR SHALL CONTACT LAW ENFORCEMENT TO ACCOMPANY SUCH INVESTIGATOR TO THE CHILD, CHILDREN AND/OR HOME AND LAW ENFORCEMENT
SHALL REMAIN WHERE THE CHILD OR CHILDREN ARE OR ARE BELIEVED TO BE PRES- ENT DURING THE COURSE OF THE INVESTIGATION. S 28. Section 420 of the social services law is amended by adding a new subdivision 3 to read as follows: 3. A PERSON WHO IS CONVICTED OF A SECOND OR SUBSEQUENT OFFENSE UNDER THIS SECTION WITHIN TWO YEARS OF THE PRIOR CONVICTION SHALL BE GUILTY OF A CLASS E FELONY. S 29. Subdivision (f) of section 1012 of the family court act, as added by chapter 962 of the laws of 1970, subparagraph (A) of paragraph (i) as amended by chapter 469 of the laws of 1971, subparagraph (B) of paragraph (i) as amended by chapter 984 of the laws of 1981 and para- graph (ii) as amended by chapter 666 of the laws of 1976, is amended to read as follows: (f) "Neglected child" means a child less than eighteen years of age (i) whose physical, mental or emotional condition has been impaired or is in [imminent] danger of becoming impaired as a result of the failure of his OR HER parent or other person legally responsible for his OR HER care to exercise a minimum degree of care (A) in supplying the child with adequate food, clothing, shelter [or], A SANITARY LIVING ENVIRONMENT, PROPER SUPERVISION, WARMTH, SUSTENANCE AND education in accordance with the provisions of part one of article sixty-five of the education law OR ANY OTHER BASIC NECESSITY OF LIFE, or medical, dental, optometrical or surgical care, INCLUDING, BUT NOT LIMITED TO, PREVENTIVE CARE SUCH AS IMMUNIZATIONS, REMEDIAL CARE, AND PSYCHOLOGICAL AND/OR PSYCHIATRIC CARE, though financially able to do so or offered financial or other reasonable means to do so; or (B) in providing the child with proper supervision [or], guardianship, MORAL SUPERVISION, EMOTIONAL SUPPORT, AND INSTRUCTION by unreasonably inflicting or allowing to be inflicted harm, or a substantial risk ther- eof, including the infliction of excessive corporal punishment; or by misusing a drug or drugs; or by misusing alcoholic beverages to the extent that he loses self-control of his actions; OR BY ALLOWING SUCH CHILD MULTIPLE UNEXCUSED ABSENCES FROM SCHOOL; OR BY SUFFERING FROM AGGRESSIVENESS, POOR IMPULSE CONTROL, OR PARANOIA; or by any other acts of a similarly serious nature requiring the aid of the court; provided, however, that where the respondent is voluntarily and regularly partic- ipating in a rehabilitative program, evidence that the respondent has repeatedly misused a drug or drugs or alcoholic beverages to the extent that he loses self-control of his actions shall not establish that the child is a neglected child in the absence of evidence establishing that the child's physical, mental or emotional condition has been impaired or is in [imminent] danger of becoming impaired as set forth in paragraph (i) of this subdivision; or (C) TO KEEP SUCH CHILD FREE FROM DISEASE AND NOT IN A STATE OF SUBSTANTIALLY DIMINISHED PHYSICAL GROWTH; OR (ii) who has been abandoned, in accordance with the definition and other criteria set forth in subdivision five of section three hundred eighty-four-b of the social services law, by his parents or other person legally responsible for his care. S 30. This act shall take effect immediately; provided that: (a) sections twenty-four and twenty-five of this act shall take effect on the one hundred eightieth day after it shall have become a law; (b) section nineteen of this act shall take effect on the same date and in the same manner as section 1 of chapter 400 of the laws of 2011, takes effect; and
(c) effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.

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