Bill S6987A-2009

Relates to criminal obstruction of breathing or blood circulation and strangulation

Relates to criminal obstruction of breathing or blood circulation and strangulation.

Details

Actions

  • Aug 13, 2010: SIGNED CHAP.405
  • Aug 3, 2010: DELIVERED TO GOVERNOR
  • Jun 10, 2010: returned to senate
  • Jun 10, 2010: passed assembly
  • Jun 10, 2010: ordered to third reading cal.913
  • Jun 10, 2010: substituted for a10161a
  • Jun 7, 2010: referred to codes
  • Jun 7, 2010: DELIVERED TO ASSEMBLY
  • Jun 7, 2010: PASSED SENATE
  • May 17, 2010: AMENDED ON THIRD READING (T) 6987A
  • Mar 18, 2010: ADVANCED TO THIRD READING
  • Mar 17, 2010: 2ND REPORT CAL.
  • Mar 16, 2010: 1ST REPORT CAL.270
  • Mar 3, 2010: REFERRED TO CODES

Votes

Memo

BILL NUMBER:S6987A

TITLE OF BILL: An act to amend the penal law, the criminal procedure law, the domestic relations law, the executive law, the family court act, the social services law, the mental hygiene law and the vehicle and traffic law, in relation to criminal obstruction of breathing or blood circulation and strangulation

PURPOSE: This bill would increase penalties for conduct involving the intentional impeding or impairing of another person's breathing or circulation including but not limited to circumstances where such conduct leads to unconsciousness for any period of time or any other physical injury or impairment.

SUMMARY OF PROVISIONS: Section 1: Amends PL §70.02 (b) - Adds Strangulation in the First Degree to the PL definition of class C violent felony. Adds Strangulation in the Second Degree to the PL definition of class D violent felony.

§ 2: Adds a new Article 121.00 ("Strangulation and Related Offenses") to the Penal Law:

* New PL 121.11 ("Criminal obstruction of breathing or blood circulation") - Creates a new class A misdemeanor where a person, with intent to impede normal breathing or circulation of the blood, applies pressure to the throat or neck or blocks the nose or mouth of another person.

* New PL 121.12 ("Strangulation in the second degree") - Creates a new class D violent felony where a person commits the class A misdemeanor of Criminal Obstruction of Breathing or Blood Circulation and thereby causes stupor, loss of consciousness for any period of time, or any other physical injury or impairment.

* New PL 121.13 ("Strangulation in the first degree") - Creates a new class C violent felony where a person commits the class A misdemeanor of Criminal Obstruction of Breathing or Blood Circulation and thereby causes serious physical injury to another person.

* New PL 121.14 ("Medical or dental purpose") - Establishes an affirmative defense that the defendant performed such conduct for a valid medical or dental purpose.

§ 3: CPL 190.25(3) (h) Adds the three new crimes from the Strangulation Article (PL Article 121) to the list of offenses where certain professionals (child psychologist, rape crisis counselor, social worker) may be present in the grand jury.

§ 4: CPL 700.05(8) (b) - Adds Strangulation in the First Degree and Strangulation in the Second Degree to the list of "designated offenses" for purposes of obtaining eavesdropping and video surveillance warrants.

§ 5: Domestic Relations Law 115-d (3-a) (c) - Adds Strangulation in the First Degree and Strangulation in the Second Degree to the definition of "spousal abuse."

§ 6: Executive Law 995(7) (f) - Adds Criminal Obstruction of Breathing or Blood Circulation to the list of "designated offender" misdemeanors that require submission of a DNA sample upon conviction. (NOTE: The "designated offender" list already includes all Penal Law felony offenses.)

§ 7: Penal Law 460.10(1) (a) - Adds Strangulation in the First Degree and Strangulation in the Second Degree to the list of offenses constituting a "criminal act" for purposes of the enterprise corruption article.

§ 8: Social Services Law 378-a (2)(j) - Adds Strangulation in the First Degree and Strangulation in the Second Degree to the definition of "spousal abuse" for the purpose of obtaining access to the records of conviction of a prospective foster parent.

§ 9: Family Court Act 812(1) - Adds all three PL Article 121.00 (Strangulation) offenses to the list of offenses where, if committed between spouses, former spouses, parent and child, or members of the same family or household, the Family Court and criminal courts shall have concurrent jurisdiction thereof.

§ 10: Mental Hygiene Law 10.03 - Adds Strangulation in the First Degree and Strangulation in the Second Degree to the list of "designated" felony offenses that, if "sexually motivated," may be eligible for sex offender civil commitment.

§ 11: CPL 530.11 - Adds all three PL Article 121.00 (Strangulation) offenses to the list of offenses where, if committed between spouses, former spouses, parent and child, or members of the same family or household, the Family Court and criminal courts shall have concurrent jurisdiction thereof.

§ 12: PL 60.05 - Adds Strangulation in the Second Degree to the Penal Law sentencing provision (which currently includes Assault in the 2nd Degree and attempted Promoting Prostitution in the 200 Degree) that mandates sentencing pursuant to PL section 70.00 ("Sentence of imprisonment") or 85.00 ("Sentence of intermittent imprisonment").

§ 13: PL 485.05 - Adds Strangulation in the First Degree and Strangulation in the Second Degree to the list of "specified" offenses that may be prosecuted as Hate Crimes.

§ 14: PL 130.91 - Adds Strangulation in the First Degree and Strangulation in the Second Degree to the list of "specified" felony offenses that may be prosecuted as a "sexually motivated felony."

§ 15: VTL 509-cc - Adds strangulation in the First Degree and Strangulation in the Second Degree to the list of conviction offenses that can disqualify a person from driving a school bus.

§ 16: Establishes effective date of "90 days after (the ACT) shall have become a law."

EXISTING LAW: Under current law, there is no specific crime aimed at conduct involving the intentional blocking of a victim's breathing or circulation. Under current law, where no physical injury is present, even the misdemeanor crime of assault in the third degree is not applicable. This may leave only the noncriminal offense of harassment in the second degree, a violation, as the only viable charge in these cases.

JUSTIFICATION: Strangulation has been identified in recent years as one of the most lethal forms of domestic abuse. When perpetrators use strangulation to silence their victims, this is a form of power and control. This form of power and control has a devastating psychological effect on victims and a potentially fatal outcome.

Just 11 pounds of pressure applied for 10 seconds can choke someone unconscious. With greater pressure, death can occur within minutes. Yet a study of strangulation cases found that in 62% of cases there were no visible injuries. Though strangulation is incredibly dangerous, representing 10% of violent deaths in the U.S. each year (six females to every male), it may be impossible to prove physical injury in many cases, because few or no visible marks are left, and the victim's suffering is the torment of near asphyxiation rather than "pain" per se.

Historically, "choking" was minimized and often not prosecuted as a serious offense usually due to the lack of physical evidence resulting from the strangulation. By substantially increasing penalties for this conduct, these offenses once thought to be unprosecutable may now be submitted for either class A misdemeanor or violent felony prosecution.

LEGISLATIVE HISTORY: New Legislation.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: The act shall take effect on the ninetieth day after it shall become law.


Text

STATE OF NEW YORK ________________________________________________________________________ 6987--A Cal. No. 270 IN SENATE March 3, 2010 ___________
Introduced by Sens. SCHNEIDERMAN, ADDABBO, AUBERTINE, BONACIC, DILAN, ESPADA, FOLEY, HASSELL-THOMPSON, KRUEGER, LANZA, PERKINS, SAMPSON, SAVINO, SQUADRON, STACHOWSKI, STAVISKY, VALESKY, VOLKER, YOUNG -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the penal law, the criminal procedure law, the domestic relations law, the executive law, the family court act, the social services law, the mental hygiene law and the vehicle and traffic law, in relation to criminal obstruction of breathing or blood circulation and strangulation THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraphs (b) and (c) of subdivision 1 of section 70.02 of the penal law, paragraph (b) as separately amended by chapters 764 and 765 of the laws of 2005 and paragraph (c) as amended by chapter 7 of the laws of 2007, are amended to read as follows: (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, gang assault in the second degree as defined in section 120.06, 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 chemi- cal 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, 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 2. The penal law is amended by adding a new article 121 to read as follows: ARTICLE 121 STRANGULATION AND RELATED OFFENSES SECTION 121.11 CRIMINAL OBSTRUCTION OF BREATHING OR BLOOD CIRCULATION. 121.12 STRANGULATION IN THE SECOND DEGREE. 121.13 STRANGULATION IN THE FIRST DEGREE. 121.14 MEDICAL OR DENTAL PURPOSE. S 121.11 CRIMINAL OBSTRUCTION OF BREATHING OR BLOOD CIRCULATION. A PERSON IS GUILTY OF CRIMINAL OBSTRUCTION OF BREATHING OR BLOOD CIRCULATION WHEN, WITH INTENT TO IMPEDE THE NORMAL BREATHING OR CIRCU- LATION OF THE BLOOD OF ANOTHER PERSON, HE OR SHE: A. APPLIES PRESSURE ON THE THROAT OR NECK OF SUCH PERSON; OR B. BLOCKS THE NOSE OR MOUTH OF SUCH PERSON. CRIMINAL OBSTRUCTION OF BREATHING OR BLOOD CIRCULATION IS A CLASS A MISDEMEANOR. S 121.12 STRANGULATION IN THE SECOND DEGREE. A PERSON IS GUILTY OF STRANGULATION IN THE SECOND DEGREE WHEN HE OR SHE COMMITS THE CRIME OF CRIMINAL OBSTRUCTION OF BREATHING OR BLOOD CIRCULATION, AS DEFINED IN SECTION 121.11 OF THIS ARTICLE, AND THEREBY CAUSES STUPOR, LOSS OF CONSCIOUSNESS FOR ANY PERIOD OF TIME, OR ANY OTHER PHYSICAL INJURY OR IMPAIRMENT. STRANGULATION IN THE SECOND DEGREE IS A CLASS D FELONY. S 121.13 STRANGULATION IN THE FIRST DEGREE. A PERSON IS GUILTY OF STRANGULATION IN THE FIRST DEGREE WHEN HE OR SHE COMMITS THE CRIME OF CRIMINAL OBSTRUCTION OF BREATHING OR BLOOD CIRCU-
LATION, AS DEFINED IN SECTION 121.11 OF THIS ARTICLE, AND THEREBY CAUSES SERIOUS PHYSICAL INJURY TO SUCH OTHER PERSON. STRANGULATION IN THE FIRST DEGREE IS A CLASS C FELONY. S 121.14 MEDICAL OR DENTAL PURPOSE. FOR PURPOSES OF SECTIONS 121.11, 121.12 AND 121.13 OF THIS ARTICLE, IT SHALL BE AN AFFIRMATIVE DEFENSE THAT THE DEFENDANT PERFORMED SUCH CONDUCT FOR A VALID MEDICAL OR DENTAL PURPOSE. S 3. Paragraph (h) of subdivision 3 of section 190.25 of the criminal procedure law, as separately amended by chapters 93 and 320 of the laws of 2006, 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 120.10, 125.10, 125.15, 125.20, 125.25, 125.26, 125.27, 255.25, 255.26 or 255.27 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 participate 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 4. Paragraph (b) of subdivision 8 of section 700.05 of the criminal procedure law, as amended by chapter 472 of the laws of 2008, 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, assault in the first degree as defined in section 120.10 of the penal law, reckless endangerment in the first degree as defined in section 120.25 of the penal law, promot- ing 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, 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, 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, criminal 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, criminal 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, issuing 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 mortgage 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, resi- dential 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 contraband 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, 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 instru- ments 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 weapons, or failure to disclose the origin of a recording in the first degree as defined in section 275.40 of the penal law; S 5. Paragraph (c) of subdivision 3-a of section 115-d of the domestic relations law, as added by chapter 7 of the laws of 1999, is amended to read as follows: (c) For the purposes of this subdivision, "spousal abuse" is an offense defined in section 120.05 [or], 120.10, 121.12, OR 121.13 of the penal law where the victim of such offense was the defendant's spouse; provided, however, spousal abuse shall not include a crime in which the applicant was the defendant, and the court finds in accordance with this subdivision that he or she was the victim of physical, sexual or psycho- logical abuse by the victim of such offense and such abuse was a factor in causing the applicant to commit such offense. S 6. Paragraph (f) of subdivision 7 of section 995 of the executive law, as amended by chapter 2 of the laws of 2006, is amended to read as follows: (f) any of the following misdemeanors: assault in the third degree as defined in section 120.00 of the penal law; attempted aggravated assault upon a person less than eleven years old, as defined in section 110.00 and section 120.12 of the penal law; attempted menacing in the first degree, as defined in section 110.00 and section 120.13 of the penal law; menacing in the second degree as defined in section 120.14 of the penal law; menacing in the third degree as defined in section 120.15 of the penal law; reckless endangerment in the second degree as defined in section 120.20 of the penal law; stalking in the fourth degree as defined in section 120.45 of the penal law; stalking in the third degree as defined in section 120.50 of the penal law; attempted stalking in the second degree, as defined in section 110.00 and section 120.55 of the penal law; CRIMINAL OBSTRUCTION OF BREATHING OR BLOOD CIRCULATION AS DEFINED IN SECTION 121.11 OF THE PENAL LAW; forcible touching as defined in section 130.52 of the penal law regardless of the age of the victim; sexual abuse in the third degree as defined in section 130.55 of the penal law regardless of the age of the victim; unlawful imprisonment in the second degree as defined in section 135.05 of the penal law regard- less of the age of the victim; attempted unlawful imprisonment in the first degree, as defined in section 110.00 and section 135.10 of the penal law regardless of the age of the victim; criminal trespass in the second degree as defined in section 140.15 of the penal law; possession
of burglar's tools as defined in section 140.35 of the penal law; petit larceny as defined in section 155.25 of the penal law; endangering the welfare of a child as defined in section 260.10 of the penal law; endan- gering the welfare of an incompetent or physically disabled person as defined in section 260.25 OF THE PENAL LAW. S 7. Paragraph (a) of subdivision 1 of section 460.10 of the penal law, as amended by section 30 of part AAA of chapter 56 of the laws of 2009, is amended to read as follows: (a) Any of the felonies set forth in this chapter: sections 120.05, 120.10 and 120.11 relating to assault; SECTIONS 121.12 AND 121.13 RELAT- ING TO STRANGULATION; sections 125.10 to 125.27 relating to homicide; sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and 135.25 relating to kidnapping; section 135.35 relating to labor traf- ficking; section 135.65 relating to coercion; sections 140.20, 140.25 and 140.30 relating to burglary; sections 145.05, 145.10 and 145.12 relating to criminal mischief; article one hundred fifty relating to arson; sections 155.30, 155.35, 155.40 and 155.42 relating to grand larceny; sections 177.10, 177.15, 177.20 and 177.25 relating to health care fraud; article one hundred sixty relating to robbery; sections 165.45, 165.50, 165.52 and 165.54 relating to criminal possession of stolen property; sections 165.72 and 165.73 relating to trademark coun- terfeiting; sections 170.10, 170.15, 170.25, 170.30, 170.40, 170.65 and 170.70 relating to forgery; sections 175.10, 175.25, 175.35, 175.40 and 210.40 relating to false statements; sections 176.15, 176.20, 176.25 and 176.30 relating to insurance fraud; sections 178.20 and 178.25 relating to criminal diversion of prescription medications and prescriptions; sections 180.03, 180.08, 180.15, 180.25, 180.40, 180.45, 200.00, 200.03, 200.04, 200.10, 200.11, 200.12, 200.20, 200.22, 200.25, 200.27, 215.00, 215.05 and 215.19 relating to bribery; sections 187.10, 187.15, 187.20 and 187.25 relating to residential mortgage fraud, sections 190.40 and 190.42 relating to criminal usury; section 190.65 relating to schemes to defraud; sections 205.60 and 205.65 relating to hindering prosecution; sections 210.10, 210.15, and 215.51 relating to perjury and contempt; section 215.40 relating to tampering with physical evidence; sections 220.06, 220.09, 220.16, 220.18, 220.21, 220.31, 220.34, 220.39, 220.41, 220.43, 220.46, 220.55, 220.60 and 220.77 relating to controlled substances; sections 225.10 and 225.20 relating to gambling; sections 230.25, 230.30, and 230.32 relating to promoting prostitution; section 230.34 relating to sex trafficking; sections 235.06, 235.07, 235.21 and 235.22 relating to obscenity; sections 263.10 and 263.15 relating to promoting a sexual performance by a child; sections 265.02, 265.03, 265.04, 265.11, 265.12, 265.13 and the provisions of section 265.10 which constitute a felony relating to firearms and other dangerous weap- ons; and sections 265.14 and 265.16 relating to criminal sale of a firearm; and section 275.10, 275.20, 275.30, or 275.40 relating to unau- thorized recordings; and sections 470.05, 470.10, 470.15 and 470.20 relating to money laundering; or S 8. Paragraph (j) of subdivision 2 of section 378-a of the social services law, as added by chapter 7 of the laws of 1999, is amended to read as follows: (j) For the purposes of this subdivision "spousal abuse" is an offense defined in section 120.05 [or], 120.10, 121.12 OR 121.13 of the penal law where the victim of such offense was the defendant's spouse; provided, however, spousal abuse shall not include a crime in which the prospective foster parent or prospective adoptive parent, who was the defendant, has received notice pursuant to paragraph (g) of this subdi-
vision and the office of children and family services finds after a fair hearing held pursuant to section twenty-two of this chapter, that he or she was the victim of physical, sexual or psychological abuse by the victim of such offense and such abuse was a factor in causing the prospective foster parent or prospective adoptive parent to commit such offense. S 9. The opening paragraph of subdivision 1 of section 812 of the family court act, as amended by chapter 476 of the laws of 2009, is amended to read as follows: The family court and the criminal courts shall have concurrent juris- diction over any proceeding concerning acts which would constitute disorderly conduct, harassment in the first degree, harassment in the second degree, aggravated harassment in the second degree, sexual misconduct, forcible touching, sexual abuse in the third degree, sexual abuse in the second degree as set forth in subdivision one of section 130.60 of the penal law, stalking in the first degree, stalking in the second degree, stalking in the third degree, stalking in the fourth degree, criminal mischief, menacing in the second degree, menacing in the third degree, reckless endangerment, CRIMINAL OBSTRUCTION OF BREATH- ING OR BLOOD CIRCULATION, STRANGULATION IN THE SECOND DEGREE, STRANGULA- TION IN THE FIRST DEGREE, assault in the second degree, assault in the third degree or an attempted assault, CRIMINAL OBSTRUCTION OF BREATHING OR BLOOD CIRCULATION OR STRANGULATION between spouses or former spouses, or between parent and child or between members of the same family or household except that if the respondent would not be criminally respon- sible by reason of age pursuant to section 30.00 of the penal law, then the family court shall have exclusive jurisdiction over such proceeding. Notwithstanding a complainant's election to proceed in family court, the criminal court shall not be divested of jurisdiction to hear a family offense proceeding pursuant to this section. For purposes of this arti- cle, "disorderly conduct" includes disorderly conduct not in a public place. For purposes of this article, "members of the same family or household" shall mean the following: S 10. Subdivision (f) of section 10.03 of the mental hygiene law, as added by chapter 7 of the laws of 2007, is amended to read as follows: (f) "Designated felony" means any felony offense defined by any of the following provisions of the penal law: assault in the second degree as defined in section 120.05, assault in the first degree as defined in section 120.10, gang assault in the second degree as defined in section 120.06, gang assault in the first degree as defined in section 120.07, stalking in the first degree as defined in section 120.60, STRANGULATION IN THE SECOND DEGREE AS DEFINED IN SECTION 121.12, STRANGULATION IN THE FIRST DEGREE AS DEFINED IN SECTION 121.13, manslaughter in the second degree as defined in subdivision one of section 125.15, manslaughter in the first degree as defined in section 125.20, murder in the second degree as defined in section 125.25, aggravated murder as defined in section 125.26, murder in the first degree as defined in section 125.27, kidnapping in the second degree as defined in section 135.20, kidnapping in the first degree as defined in section 135.25, burglary in the third degree as defined in section 140.20, burglary in the second degree as defined in section 140.25, burglary in the first degree as defined in section 140.30, arson in the second degree as defined in section 150.15, arson in the first degree as defined in section 150.20, robbery in the third degree as defined in section 160.05, robbery in the second degree as defined in section 160.10, robbery in the first degree as defined in section 160.15, promoting prostitution in the second degree as defined
in section 230.30, promoting prostitution in the first degree as defined in section 230.32, compelling prostitution as defined in section 230.33, disseminating indecent material to minors in the first degree as defined in section 235.22, use of a child in a sexual performance as defined in section 263.05, promoting an obscene sexual performance by a child as defined in section 263.10, promoting a sexual performance by a child as defined in section 263.15, or any felony attempt or conspiracy to commit any of the foregoing offenses. S 11. The opening paragraph of subdivision 1 of section 530.11 of the criminal procedure law, as amended by chapter 476 of the laws of 2009, is amended to read as follows: The family court and the criminal courts shall have concurrent juris- diction over any proceeding concerning acts which would constitute disorderly conduct, harassment in the first degree, harassment in the second degree, aggravated harassment in the second degree, sexual misconduct, forcible touching, sexual abuse in the third degree, sexual abuse in the second degree as set forth in subdivision one of section 130.60 of the penal law, stalking in the first degree, stalking in the second degree, stalking in the third degree, stalking in the fourth degree, criminal mischief, menacing in the second degree, menacing in the third degree, reckless endangerment, STRANGULATION IN THE FIRST DEGREE, STRANGULATION IN THE SECOND DEGREE, CRIMINAL OBSTRUCTION OF BREATHING OR BLOOD CIRCULATION, assault in the second degree, assault in the third degree or an attempted assault between spouses or former spouses, or between parent and child or between members of the same family or household except that if the respondent would not be criminal- ly responsible by reason of age pursuant to section 30.00 of the penal law, then the family court shall have exclusive jurisdiction over such proceeding. Notwithstanding a complainant's election to proceed in fami- ly court, the criminal court shall not be divested of jurisdiction to hear a family offense proceeding pursuant to this section. For purposes of this section, "disorderly conduct" includes disorderly conduct not in a public place. For purposes of this section, "members of the same family or household" with respect to a proceeding in the criminal courts shall mean the following: S 12. Subdivision 5 of section 60.05 of the penal law, as amended by chapter 738 of the laws of 2004, is amended to read as follows: 5. Certain class D felonies. Except as provided in subdivision six of this section, every person convicted of the class D felonies of assault in the second degree as defined in section 120.05, STRANGULATION IN THE SECOND DEGREE AS DEFINED IN SECTION 121.12 or attempt to commit a class C felony as defined in section 230.30 of this chapter, must be sentenced in accordance with section 70.00 or 85.00 of this title. S 13. Subdivision 3 of section 485.05 of the penal law, as amended by chapter 264 of the laws of 2003, is amended to read as follows: 3. A "specified offense" is an offense defined by any of the following provisions of this chapter: section 120.00 (assault in the third degree); section 120.05 (assault in the second degree); section 120.10 (assault in the first degree); section 120.12 (aggravated assault upon a person less than eleven years old); section 120.13 (menacing in the first degree); section 120.14 (menacing in the second degree); section 120.15 (menacing in the third degree); section 120.20 (reckless endan- germent in the second degree); section 120.25 (reckless endangerment in the first degree); SECTION 121.12 (STRANGULATION IN THE SECOND DEGREE); SECTION 121.13 (STRANGULATION IN THE FIRST DEGREE); subdivision one of section 125.15 (manslaughter in the second degree); subdivision one, two
or four of section 125.20 (manslaughter in the first degree); section 125.25 (murder in the second degree); section 120.45 (stalking in the fourth degree); section 120.50 (stalking in the third degree); section 120.55 (stalking in the second degree); section 120.60 (stalking in the first degree); subdivision one of section 130.35 (rape in the first degree); subdivision one of section 130.50 (criminal sexual act in the first degree); subdivision one of section 130.65 (sexual abuse in the first degree); paragraph (a) of subdivision one of section 130.67 (aggravated sexual abuse in the second degree); paragraph (a) of subdi- vision one of section 130.70 (aggravated sexual abuse in the first degree); section 135.05 (unlawful imprisonment in the second degree); section 135.10 (unlawful imprisonment in the first degree); section 135.20 (kidnapping in the second degree); section 135.25 (kidnapping in the first degree); section 135.60 (coercion in the second degree); section 135.65 (coercion in the first degree); section 140.10 (criminal trespass in the third degree); section 140.15 (criminal trespass in the second degree); section 140.17 (criminal trespass in the first degree); section 140.20 (burglary in the third degree); section 140.25 (burglary in the second degree); section 140.30 (burglary in the first degree); section 145.00 (criminal mischief in the fourth degree); section 145.05 (criminal mischief in the third degree); section 145.10 (criminal mischief in the second degree); section 145.12 (criminal mischief in the first degree); section 150.05 (arson in the fourth degree); section 150.10 (arson in the third degree); section 150.15 (arson in the second degree); section 150.20 (arson in the first degree); section 155.25 (petit larceny); section 155.30 (grand larceny in the fourth degree); section 155.35 (grand larceny in the third degree); section 155.40 (grand larceny in the second degree); section 155.42 (grand larceny in the first degree); section 160.05 (robbery in the third degree); section 160.10 (robbery in the second degree); section 160.15 (robbery in the first degree); section 240.25 (harassment in the first degree); subdivi- sion one, two or four of section 240.30 (aggravated harassment in the second degree); or any attempt or conspiracy to commit any of the fore- going offenses. S 14. Subdivision 2 of section 130.91 of the penal law, as added by chapter 7 of the laws of 2007, is amended to read as follows: 2. A "specified offense" is a felony offense defined by any of the following provisions of this chapter: assault in the second degree as defined in section 120.05, assault in the first degree as defined in section 120.10, gang assault in the second degree as defined in section 120.06, gang assault in the first degree as defined in section 120.07, stalking in the first degree as defined in section 120.60, STRANGULATION IN THE SECOND DEGREE AS DEFINED IN SECTION 121.12, STRANGULATION IN THE FIRST DEGREE AS DEFINED IN SECTION 121.13, manslaughter in the second degree as defined in subdivision one of section 125.15, manslaughter in the first degree as defined in section 125.20, murder in the second degree as defined in section 125.25, aggravated murder as defined in section 125.26, murder in the first degree as defined in section 125.27, kidnapping in the second degree as defined in section 135.20, kidnapping in the first degree as defined in section 135.25, burglary in the third degree as defined in section 140.20, burglary in the second degree as defined in section 140.25, burglary in the first degree as defined in section 140.30, arson in the second degree as defined in section 150.15, arson in the first degree as defined in section 150.20, robbery in the third degree as defined in section 160.05, robbery in the second degree as defined in section 160.10, robbery in the first degree as defined in
section 160.15, promoting prostitution in the second degree as defined in section 230.30, promoting prostitution in the first degree as defined in section 230.32, compelling prostitution as defined in section 230.33, disseminating indecent material to minors in the first degree as defined in section 235.22, use of a child in a sexual performance as defined in section 263.05, promoting an obscene sexual performance by a child as defined in section 263.10, promoting a sexual performance by a child as defined in section 263.15, or any felony attempt or conspiracy to commit any of the foregoing offenses. S 15. Paragraph (c) of subdivision 4 of section 509-cc of the vehicle and traffic law, as amended by chapter 345 of the laws of 2007, is amended to read as follows: (c) The offenses referred to in subparagraph (i) of paragraph (b) of subdivision one and subparagraph (i) of paragraph (c) of subdivision two of this section that result in disqualification for a period of five years shall include a conviction under sections 100.10, 105.13, 115.05, 120.03, 120.04, 120.04-a, 120.05, 120.10, 120.25, 121.12, 121.13, 125.13, 125.14, 125.40, 125.45, 130.20, 130.25, 130.55, 135.10, 135.55, 140.17, 140.25, 140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06, 220.09, 220.16, 220.31, 220.34, 220.60, 221.30, 221.50, 221.55, 230.00, 230.05, 230.06, 230.20, 230.25, 230.30, 230.32, 235.05, 235.06, 235.07, 235.21, 240.06, 245.00, 260.10, subdivision two of section 260.20 and sections 260.25, 265.02, 265.03, 265.08, 265.09, 265.10, 265.12, 265.35 of the penal law or an attempt to commit any of the aforesaid offenses under section 110.00 of the penal law, or any similar offenses committed under a former section 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 16. This act shall take effect on the ninetieth day after it shall have become a law.

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