S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        1721--A
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by Sens. GRISANTI, AVELLA, FLANAGAN, GALLIVAN, GOLDEN, GRIF-
         FO, HASSELL-THOMPSON, LARKIN, LIBOUS, MARTINS, MAZIARZ, YOUNG --  read
         twice  and  ordered  printed,  and when printed to be committed to the
         Committee on Codes --  committee  discharged,  bill  amended,  ordered
         reprinted as amended and recommitted to said committee
       AN  ACT  to amend the penal law, the criminal procedure law, the vehicle
         and traffic law, the estates, powers and trusts  law  and  the  social
         services  law,  in relation to establishing the offenses of aggravated
         murder of a child, aggravated abuse of a child in  the  third  degree,
         aggravated  abuse of a child in the second degree, aggravated abuse of
         a child in the first  degree,  aggravated  manslaughter  of  a  child,
         aggravated  endangering the welfare of a child, aggravated murder of a
         child, obstructing the location of a missing child, and concealment of
         a death; and to repeal subdivision 5 of section 125.25  of  the  penal
         law  relating to the murder of a person under 14 years of age while in
         the course of committing certain sex offenses
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Short  title. This act shall be known and may be cited as
    2  the "protect our children act".
    3    S 2. Section 10.00 of the penal law  is  amended  by  adding  two  new
    4  subdivisions 22 and 23 to read as follows:
    5    22.  "PERSON  IN  A POSITION OF TRUST" MEANS ANY PERSON WHO IS CHARGED
    6  WITH ANY DUTY OR RESPONSIBILITY  FOR  THE  HEALTH,  EDUCATION,  WELFARE,
    7  SUPERVISION  OR  CARE OF ANOTHER PERSON, EITHER INDEPENDENTLY OR THROUGH
    8  ANOTHER PERSON, NO MATTER HOW BRIEF.
    9    23. "CHILD ABUSE OFFENSE" MEANS:
   10    (A) PATRONIZING A PROSTITUTE  IN  THE  SECOND  DEGREE  AS  DEFINED  IN
   11  SECTION  230.05; PATRONIZING A PROSTITUTE IN THE FIRST DEGREE AS DEFINED
   12  IN SECTION 230.06;  PROMOTING  PROSTITUTION  IN  THE  SECOND  DEGREE  AS
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04973-02-3
       S. 1721--A                          2
    1  DEFINED  IN SUBDIVISION TWO OF SECTION 230.30; PROMOTING PROSTITUTION IN
    2  THE FIRST DEGREE AS DEFINED IN SECTION  230.32;  DISSEMINATING  INDECENT
    3  MATERIAL  TO  MINORS  IN THE SECOND DEGREE AS DEFINED IN SECTION 235.21;
    4  DISSEMINATING INDECENT MATERIAL TO MINORS IN THE FIRST DEGREE AS DEFINED
    5  IN  SECTION 235.22; ABANDONMENT OF A CHILD AS DEFINED IN SECTION 260.00;
    6  NON-SUPPORT OF A CHILD IN  THE  SECOND  DEGREE  AS  DEFINED  IN  SECTION
    7  260.05; NON-SUPPORT OF A CHILD IN THE FIRST DEGREE AS DEFINED IN SECTION
    8  260.06;  AGGRAVATED  ENDANGERING  THE  WELFARE  OF A CHILD AS DEFINED IN
    9  SECTION 260.09; ENDANGERING THE WELFARE OF A CHILD AS DEFINED IN SECTION
   10  260.10; UNLAWFULLY DEALING WITH A CHILD IN THE FIRST DEGREE  AS  DEFINED
   11  IN  SECTION 260.20; UNLAWFULLY DEALING WITH A CHILD IN THE SECOND DEGREE
   12  AS DEFINED IN SECTION 260.21; OR  AN  OFFENSE  DEFINED  IN  ARTICLE  TWO
   13  HUNDRED SIXTY-THREE OF THIS CHAPTER; OR
   14    (B)  AN  OFFENSE  DEFINED  IN  ARTICLE ONE HUNDRED TWENTY, ONE HUNDRED
   15  TWENTY-FIVE, ONE HUNDRED THIRTY OR ONE HUNDRED THIRTY-FIVE OF THIS CHAP-
   16  TER PROVIDED THE VICTIM OF SUCH OFFENSE IS LESS THAN FOURTEEN  YEARS  OF
   17  AGE; OR
   18    (C)  AN ATTEMPT TO COMMIT AN OFFENSE LISTED IN PARAGRAPH (A) OR (B) OF
   19  THIS SUBDIVISION; OR
   20    (D) AN OFFENSE IN ANY OTHER JURISDICTION WHICH  INCLUDES  ALL  OF  THE
   21  ESSENTIAL ELEMENTS OF ANY SUCH CRIME LISTED IN PARAGRAPH (A), (B) OR (C)
   22  OF THIS SUBDIVISION.
   23    S  3. Section 60.06 of the penal law, as amended by chapter 482 of the
   24  laws of 2009, is amended to read as follows:
   25  S 60.06 Authorized disposition; murder in the  first  degree  offenders;
   26            aggravated  murder  offenders;  AGGRAVATED  MURDER  OF A CHILD
   27            OFFENDERS; certain murder  in  the  second  degree  offenders;
   28            certain terrorism offenders; criminal possession of a chemical
   29            weapon or biological weapon offenders; criminal use of a chem-
   30            ical weapon or biological weapon offenders.
   31    When a defendant is convicted of murder in the first degree as defined
   32  in  section  125.27 of this chapter, the court shall, in accordance with
   33  the provisions of section 400.27 of the criminal procedure law, sentence
   34  the defendant to death, to life imprisonment without parole  in  accord-
   35  ance  with subdivision five of section 70.00 of this title, or to a term
   36  of imprisonment for a class A-I felony other than  a  sentence  of  life
   37  imprisonment without parole, in accordance with subdivisions one through
   38  three  of  section  70.00  of this title. When a person is convicted [of
   39  murder in the second degree as defined in subdivision  five  of  section
   40  125.25  of this chapter or] of the crime of aggravated murder as defined
   41  in subdivision one of section 125.26 of this chapter OR OF THE CRIME  OF
   42  AGGRAVATED  MURDER OF A CHILD AS DEFINED IN SECTION 125.28 OF THIS CHAP-
   43  TER, the court shall sentence the defendant to life imprisonment without
   44  parole in accordance with subdivision five  of  section  70.00  of  this
   45  title.    When  a  defendant  is  convicted of the crime of terrorism as
   46  defined in section 490.25 of this chapter, and the specified offense the
   47  defendant committed is a class A-I felony offense, or when  a  defendant
   48  is convicted of the crime of criminal possession of a chemical weapon or
   49  biological  weapon  in  the first degree as defined in section 490.45 of
   50  this chapter, or when a defendant is convicted of the crime of  criminal
   51  use  of  a  chemical  weapon or biological weapon in the first degree as
   52  defined in section 490.55 of this chapter, the court shall sentence  the
   53  defendant  to life imprisonment without parole in accordance with subdi-
   54  vision five of section 70.00 of  this  title;  provided,  however,  that
   55  nothing  in  this  section shall preclude or prevent a sentence of death
   56  when the defendant is also convicted of murder in the  first  degree  as
       S. 1721--A                          3
    1  defined in section 125.27 of this chapter. When a defendant is convicted
    2  of  aggravated murder as defined in subdivision two of section 125.26 of
    3  this chapter, the court shall sentence the defendant to  life  imprison-
    4  ment  without parole or to a term of imprisonment for a class A-I felony
    5  other than a sentence of life imprisonment without parole, in accordance
    6  with subdivisions one through three of section 70.00 of this title.
    7    S 4. Subparagraph (i) of paragraph (a) of  subdivision  3  of  section
    8  70.00  of  the penal law, as amended by chapter 107 of the laws of 2006,
    9  is amended to read as follows:
   10    (i) For a class A-I felony, such minimum period shall not be less than
   11  fifteen years nor more than twenty-five years; provided,  however,  that
   12  (A)  where  a sentence, other than a sentence of death or life imprison-
   13  ment without parole, is imposed upon a defendant convicted of murder  in
   14  the first degree as defined in section 125.27 of this chapter such mini-
   15  mum period shall be not less than twenty years nor more than twenty-five
   16  years,  and, (B) where a sentence is imposed upon a defendant [convicted
   17  of murder in the second degree as defined in subdivision five of section
   18  125.25 of this chapter or] convicted of aggravated murder as defined  in
   19  section  125.26  of  this chapter OR CONVICTED OF AGGRAVATED MURDER OF A
   20  CHILD AS DEFINED IN SECTION 125.28 OF THIS CHAPTER, the  sentence  shall
   21  be  life  imprisonment  without  parole,  and,  (C)  where a sentence is
   22  imposed upon a defendant convicted of  attempted  murder  in  the  first
   23  degree as defined in article one hundred ten of this chapter and subpar-
   24  agraph  (i), (ii) or (iii) of paragraph (a) of subdivision one and para-
   25  graph (b) of subdivision one  of  section  125.27  of  this  chapter  or
   26  attempted  aggravated  murder  as  defined in article one hundred ten of
   27  this chapter and section 125.26 of this chapter OR ATTEMPTED  AGGRAVATED
   28  MURDER  OF A CHILD AS DEFINED IN ARTICLE ONE HUNDRED TEN OF THIS CHAPTER
   29  AND SECTION 125.28 OF THIS CHAPTER such minimum period shall be not less
   30  than twenty years nor more than forty years.
   31    S 5. Subdivision 5 of section 70.00 of the penal law,  as  amended  by
   32  chapter 482 of the laws of 2009, is amended to read as follows:
   33    5.   Life  imprisonment  without  parole.  Notwithstanding  any  other
   34  provision of law, a defendant sentenced  to  life  imprisonment  without
   35  parole  shall  not  be  or  become  eligible  for  parole or conditional
   36  release. For purposes of commitment and custody, other than  parole  and
   37  conditional  release,  such sentence shall be deemed to be an indetermi-
   38  nate sentence.  A defendant may be sentenced to life imprisonment  with-
   39  out  parole  upon conviction for the crime of murder in the first degree
   40  as defined in section 125.27 of this chapter and in accordance with  the
   41  procedures  provided  by  law  for imposing a sentence for such crime. A
   42  defendant must be sentenced to life  imprisonment  without  parole  upon
   43  conviction  for  the  crime of terrorism as defined in section 490.25 of
   44  this chapter, where the specified offense the defendant committed  is  a
   45  class  A-I felony; the crime of criminal possession of a chemical weapon
   46  or biological weapon in the first degree as defined in section 490.45 of
   47  this chapter; or the crime of criminal  use  of  a  chemical  weapon  or
   48  biological  weapon  in  the first degree as defined in section 490.55 of
   49  this chapter; provided, however, that nothing in this subdivision  shall
   50  preclude  or  prevent  a  sentence  of  death when the defendant is also
   51  convicted of the crime of murder in  the  first  degree  as  defined  in
   52  section  125.27  of this chapter.  A defendant must be sentenced to life
   53  imprisonment without parole upon conviction [for the crime of murder  in
   54  the  second  degree  as defined in subdivision five of section 125.25 of
   55  this chapter or] for the crime of aggravated murder as defined in subdi-
   56  vision one of section 125.26 of this chapter OR FOR THE CRIME OF  AGGRA-
       S. 1721--A                          4
    1  VATED MURDER OF A CHILD AS DEFINED IN SECTION 125.28 OF THIS CHAPTER.  A
    2  defendant  may  be  sentenced  to  life imprisonment without parole upon
    3  conviction for the crime of aggravated murder as defined in  subdivision
    4  two of section 125.26 of this chapter.
    5    S  6. Paragraphs (a), (b) and (c) of subdivision 1 of section 70.02 of
    6  the penal law, paragraph (a) as amended by chapter 320 of  the  laws  of
    7  2006  and  paragraphs (b) and (c) as amended by chapter 1 of the laws of
    8  2013, are amended to read as follows:
    9    (a) Class B violent felony offenses: an attempt to  commit  the  class
   10  A-I  felonies  of  murder  in  the  second  degree as defined in section
   11  125.25, kidnapping in the first degree as defined in section 135.25, and
   12  arson in the first degree as defined in section 150.20; manslaughter  in
   13  the  first  degree as defined in section 125.20, aggravated manslaughter
   14  in the first degree as defined in section 125.22, AGGRAVATED MANSLAUGHT-
   15  ER OF A CHILD AS DEFINED IN SECTION 125.23, rape in the first degree  as
   16  defined  in  section  130.35, criminal sexual act in the first degree as
   17  defined in section 130.50, aggravated sexual abuse in the  first  degree
   18  as  defined  in section 130.70, course of sexual conduct against a child
   19  in the first degree as defined in section 130.75; assault in  the  first
   20  degree  as defined in section 120.10, kidnapping in the second degree as
   21  defined in section 135.20, burglary in the first degree  as  defined  in
   22  section 140.30, arson in the second degree as defined in section 150.15,
   23  robbery  in the first degree as defined in section 160.15, incest in the
   24  first degree as defined in section  255.27,  criminal  possession  of  a
   25  weapon in the first degree as defined in section 265.04, criminal use of
   26  a  firearm  in  the  first degree as defined in section 265.09, criminal
   27  sale of a firearm in the first degree  as  defined  in  section  265.13,
   28  aggravated  assault  upon a police officer or a peace officer as defined
   29  in section 120.11, gang assault  in  the  first  degree  as  defined  in
   30  section  120.07, intimidating a victim or witness in the first degree as
   31  defined in section 215.17, hindering prosecution  of  terrorism  in  the
   32  first  degree  as  defined  in  section 490.35, criminal possession of a
   33  chemical weapon or biological weapon in the second degree as defined  in
   34  section  490.40,  and  criminal  use  of a chemical weapon or biological
   35  weapon in the third degree as defined in section 490.47.
   36    (b) Class C violent felony offenses: an attempt to commit any  of  the
   37  class  B felonies set forth in paragraph (a) of this subdivision; aggra-
   38  vated criminally negligent homicide as defined in section 125.11, aggra-
   39  vated manslaughter in the second degree as defined  in  section  125.21,
   40  aggravated  sexual  abuse  in  the  second  degree as defined in section
   41  130.67, assault on a peace officer, police officer, fireman or emergency
   42  medical services professional as defined in section 120.08, assault on a
   43  judge as defined in section 120.09, gang assault in the second degree as
   44  defined in section 120.06, AGGRAVATED ABUSE OF  A  CHILD  IN  THE  FIRST
   45  DEGREE AS DEFINED IN SECTION 120.19-A, strangulation in the first degree
   46  as  defined  in section 121.13, burglary in the second degree as defined
   47  in section 140.25, robbery in the second degree as  defined  in  section
   48  160.10,  criminal possession of a weapon in the second degree as defined
   49  in section 265.03, criminal use of a firearm in  the  second  degree  as
   50  defined  in  section  265.08,  criminal  sale of a firearm in the second
   51  degree as defined in section 265.12, criminal sale of a firearm with the
   52  aid of a  minor  as  defined  in  section  265.14,  aggravated  criminal
   53  possession  of  a  weapon  as  defined  in section 265.19, soliciting or
   54  providing support for an act of terrorism in the first degree as defined
   55  in section 490.15, hindering prosecution  of  terrorism  in  the  second
   56  degree as defined in section 490.30, and criminal possession of a chemi-
       S. 1721--A                          5
    1  cal  weapon  or  biological  weapon  in  the  third degree as defined in
    2  section 490.37.
    3    (c)  Class  D violent felony offenses: an attempt to commit any of the
    4  class C felonies set forth in paragraph (b); reckless assault of a child
    5  as defined in section 120.02, assault in the second degree as defined in
    6  section 120.05, AGGRAVATED ABUSE OF A CHILD  IN  THE  SECOND  DEGREE  AS
    7  DEFINED IN SECTION 120.19, menacing a police officer or peace officer as
    8  defined  in  section 120.18, stalking in the first degree, as defined in
    9  subdivision one of section 120.60, strangulation in the second degree as
   10  defined in section 121.12, rape in  the  second  degree  as  defined  in
   11  section  130.30,  criminal sexual act in the second degree as defined in
   12  section 130.45, sexual abuse in the first degree as defined  in  section
   13  130.65, course of sexual conduct against a child in the second degree as
   14  defined  in  section 130.80, aggravated sexual abuse in the third degree
   15  as defined  in  section  130.66,  facilitating  a  sex  offense  with  a
   16  controlled  substance  as defined in section 130.90, criminal possession
   17  of a weapon in the third degree as defined  in  subdivision  five,  six,
   18  seven,  eight, nine or ten of section 265.02, criminal sale of a firearm
   19  in the third degree as defined in section 265.11, intimidating a  victim
   20  or witness in the second degree as defined in section 215.16, soliciting
   21  or  providing  support  for  an act of terrorism in the second degree as
   22  defined in section 490.10, and making a terroristic threat as defined in
   23  section 490.20, falsely reporting an incident in  the  first  degree  as
   24  defined  in  section 240.60, placing a false bomb or hazardous substance
   25  in the first degree as defined in section 240.62, placing a  false  bomb
   26  or hazardous substance in a sports stadium or arena, mass transportation
   27  facility  or  enclosed  shopping  mall as defined in section 240.63, and
   28  aggravated unpermitted use of indoor pyrotechnics in the first degree as
   29  defined in section 405.18.
   30    S 7. Subdivision 1 of section 110.05 of the penal law, as  amended  by
   31  chapter 93 of the laws of 2006, is amended to read as follows:
   32    1.  Class  A-I  felony  when  the crime attempted is the A-I felony of
   33  murder in the first degree, aggravated murder as defined in  subdivision
   34  one  of  section  125.26  of this chapter, AGGRAVATED MURDER OF A CHILD,
   35  criminal possession of a controlled substance in the first degree, crim-
   36  inal sale of a  controlled  substance  in  the  first  degree,  criminal
   37  possession  of  a  chemical  or biological weapon in the first degree or
   38  criminal use of a chemical or biological weapon in the first degree;
   39    S 8. Section 120.01 of the penal law, as added by chapter 600  of  the
   40  laws of 1998, is amended to read as follows:
   41  S 120.01 [Reckless  assault] AGGRAVATED ABUSE of a child [by a child day
   42             care provider] IN THE THIRD DEGREE.
   43    A person is guilty of [reckless assault] AGGRAVATED ABUSE of  a  child
   44  IN THE THIRD DEGREE when, being [a child day care provider or an employ-
   45  ee  thereof] EIGHTEEN YEARS OLD OR MORE, AND BEING A PARENT, GUARDIAN OR
   46  OTHER PERSON LEGALLY CHARGED WITH THE CUSTODY OF, OR LEGALLY RESPONSIBLE
   47  FOR THE CARE OF, A CHILD LESS THAN FOURTEEN YEARS OLD, OR BEING A PERSON
   48  IN A POSITION OF TRUST OF A CHILD LESS THAN FOURTEEN YEARS  OLD,  he  or
   49  she recklessly causes [serious] physical injury to [a] SUCH child [under
   50  the  care  of such provider or employee who is less than eleven years of
   51  age].
   52    [Reckless assault] AGGRAVATED ABUSE of a child [by a  child  day  care
   53  provider] IN THE THIRD DEGREE is a class E felony.
   54    S  9.  The  penal law is amended by adding two new sections 120.19 and
   55  120.19-a to read as follows:
   56  S 120.19 AGGRAVATED ABUSE OF A CHILD IN THE SECOND DEGREE.
       S. 1721--A                          6
    1    A PERSON IS GUILTY OF AGGRAVATED ABUSE OF A CHILD IN THE SECOND DEGREE
    2  WHEN BEING EIGHTEEN YEARS OLD OR MORE, AND BEING A PARENT,  GUARDIAN  OR
    3  OTHER PERSON LEGALLY CHARGED WITH THE CUSTODY OF, OR LEGALLY RESPONSIBLE
    4  FOR THE CARE OF, A CHILD LESS THAN FOURTEEN YEARS OLD, OR BEING A PERSON
    5  IN  A  POSITION  OF TRUST OF A CHILD LESS THAN FOURTEEN YEARS OLD, HE OR
    6  SHE:
    7    1. WITH INTENT TO CAUSE PHYSICAL  INJURY  TO  ANOTHER  PERSON,  CAUSES
    8  PHYSICAL INJURY TO SUCH CHILD; OR
    9    2. RECKLESSLY ENGAGES IN CONDUCT WHICH CREATES A GRAVE RISK OF SERIOUS
   10  PHYSICAL  INJURY OR DEATH TO SUCH CHILD AND THEREBY CAUSES SERIOUS PHYS-
   11  ICAL INJURY TO SUCH CHILD; OR
   12    3. COMMITS THE CRIME OF AGGRAVATED ABUSE  OF  A  CHILD  IN  THE  THIRD
   13  DEGREE  AS  DEFINED IN SECTION 120.01 OF THIS ARTICLE AND PREVIOUSLY HAS
   14  BEEN CONVICTED OF A CHILD ABUSE OFFENSE.
   15    AGGRAVATED ABUSE OF A CHILD IN THE SECOND DEGREE IS A CLASS D FELONY.
   16  S 120.19-A AGGRAVATED ABUSE OF A CHILD IN THE FIRST DEGREE.
   17    A PERSON IS GUILTY OF AGGRAVATED ABUSE OF A CHILD IN THE FIRST  DEGREE
   18  WHEN  BEING  EIGHTEEN YEARS OLD OR MORE, AND BEING A PARENT, GUARDIAN OR
   19  OTHER PERSON LEGALLY CHARGED WITH THE CUSTODY OF, OR LEGALLY RESPONSIBLE
   20  FOR THE CARE OF, A CHILD LESS THAN FOURTEEN YEARS OLD, OR BEING A PERSON
   21  IN A POSITION OF TRUST OF A CHILD LESS THAN FOURTEEN YEARS  OLD,  HE  OR
   22  SHE:
   23    1.  WITH  INTENT  TO  CAUSE SERIOUS PHYSICAL INJURY TO ANOTHER PERSON,
   24  CAUSES SERIOUS PHYSICAL INJURY TO SUCH CHILD; OR
   25    2. RECKLESSLY ENGAGES IN VIOLENT SHAKING OF  SUCH  CHILD  AND  THEREBY
   26  CAUSES SERIOUS PHYSICAL INJURY TO SUCH CHILD AND SUCH CHILD IS LESS THAN
   27  FIVE YEARS OLD; OR
   28    3. RECKLESSLY ENGAGES IN CONDUCT WHICH CREATES A GRAVE RISK OF SERIOUS
   29  PHYSICAL  INJURY OR DEATH TO SUCH CHILD AND THEREBY CAUSES SERIOUS PHYS-
   30  ICAL INJURY TO SUCH CHILD, AND:
   31    (A) HAS PREVIOUSLY BEEN CONVICTED OF A CHILD ABUSE OFFENSE; OR
   32    (B) AS PART OF THE SAME TRANSACTION,  RECKLESSLY  ENGAGES  IN  CONDUCT
   33  WHICH CREATES A GRAVE RISK OF SERIOUS PHYSICAL INJURY OR DEATH TO ANOTH-
   34  ER  CHILD  LESS THAN FOURTEEN YEARS OLD AND THEREBY CAUSES SERIOUS PHYS-
   35  ICAL INJURY TO SUCH OTHER CHILD; OR
   36    (C) CAUSES SUCH INJURY BY  MEANS  OF  A  DEADLY  WEAPON  OR  DANGEROUS
   37  INSTRUMENT; OR
   38    (D)  ON  AT  LEAST  ONE  OTHER OCCASION, RECKLESSLY ENGAGED IN CONDUCT
   39  WHICH CREATED A GRAVE RISK OF SERIOUS PHYSICAL  INJURY  OR  DEATH  TO  A
   40  CHILD  LESS  THAN FOURTEEN YEARS OLD AND THEREBY CAUSED SERIOUS PHYSICAL
   41  INJURY TO SUCH CHILD.
   42    AGGRAVATED ABUSE OF A CHILD IN THE FIRST DEGREE IS A CLASS C FELONY.
   43    S 10. The penal law is amended by adding two new sections  125.23  and
   44  125.28 to read as follows:
   45  S 125.23 AGGRAVATED MANSLAUGHTER OF A CHILD.
   46    A  PERSON  IS GUILTY OF AGGRAVATED MANSLAUGHTER OF A CHILD WHEN, BEING
   47  EIGHTEEN YEARS OLD OR MORE, AND BEING A PARENT, GUARDIAN OR OTHER PERSON
   48  LEGALLY CHARGED WITH THE CUSTODY OF, OR LEGALLY RESPONSIBLE FOR THE CARE
   49  OF, A CHILD LESS THAN FOURTEEN YEARS OLD, OR BEING A PERSON IN  A  POSI-
   50  TION  OF  TRUST OF A CHILD LESS THAN FOURTEEN YEARS OLD, HE OR SHE RECK-
   51  LESSLY ENGAGES IN CONDUCT WHICH CREATES A GRAVE RISK OF SERIOUS PHYSICAL
   52  INJURY OR DEATH TO SUCH CHILD AND  THEREBY  CAUSES  THE  DEATH  OF  SUCH
   53  CHILD.
   54    AGGRAVATED MANSLAUGHTER OF A CHILD IS A CLASS B FELONY.
   55  S 125.28 AGGRAVATED MURDER OF A CHILD.
   56    A PERSON IS GUILTY OF AGGRAVATED MURDER OF A CHILD WHEN:
       S. 1721--A                          7
    1    1.  WITH INTENT TO CAUSE THE DEATH OF A CHILD LESS THAN FOURTEEN YEARS
    2  OLD, AND BEING EIGHTEEN YEARS OLD OR MORE, AND BEING THE PARENT, GUARDI-
    3  AN OR OTHER PERSON LEGALLY CHARGED  WITH  THE  CUSTODY  OF,  OR  LEGALLY
    4  RESPONSIBLE FOR THE CARE OF, SUCH CHILD, OR BEING A PERSON IN A POSITION
    5  OF  TRUST  OF A CHILD LESS THAN FOURTEEN YEARS OLD, HE OR SHE CAUSES THE
    6  DEATH OF SUCH CHILD; OR
    7    2. UNDER CIRCUMSTANCES EVINCING A DEPRAVED INDIFFERENCE TO HUMAN LIFE,
    8  AND BEING EIGHTEEN YEARS OLD OR MORE, AND BEING THE PARENT, GUARDIAN  OR
    9  OTHER PERSON LEGALLY CHARGED WITH THE CUSTODY OF, OR LEGALLY RESPONSIBLE
   10  FOR THE CARE OF, A CHILD LESS THAN FOURTEEN YEARS OLD, OR BEING A PERSON
   11  IN  A  POSITION  OF TRUST OF A CHILD LESS THAN FOURTEEN YEARS OLD, HE OR
   12  SHE RECKLESSLY ENGAGES IN CONDUCT WHICH CREATES A GRAVE RISK OF  SERIOUS
   13  PHYSICAL  INJURY  OR DEATH TO SUCH CHILD AND THEREBY CAUSES THE DEATH OF
   14  SUCH CHILD; OR
   15    3. BEING EIGHTEEN YEARS OLD OR MORE, WHILE IN THE COURSE OF COMMITTING
   16  RAPE IN THE FIRST, SECOND OR THIRD DEGREE, CRIMINAL SEXUAL  ACT  IN  THE
   17  FIRST,  SECOND  OR  THIRD  DEGREE, AGGRAVATED SEXUAL ABUSE IN THE FIRST,
   18  SECOND, THIRD OR FOURTH DEGREE, OR INCEST  AGAINST  A  CHILD  LESS  THAN
   19  FOURTEEN  YEARS  OLD,  HE  OR SHE INTENTIONALLY CAUSES THE DEATH OF SUCH
   20  CHILD.
   21    AGGRAVATED MURDER OF A CHILD IS A CLASS A-I FELONY.
   22    S 11. Subdivision 4 of section 125.25 of the penal law, as amended  by
   23  chapter 459 of the laws of 2004, is amended to read as follows:
   24    4. Under circumstances evincing a depraved indifference to human life,
   25  and being eighteen years old or more the defendant recklessly engages in
   26  conduct  which  creates a grave risk of serious physical injury or death
   27  to another person less than eleven years  old  and  thereby  causes  the
   28  death of such person[; or].
   29    S 12. Subdivision 5 of section 125.25 of the penal law is REPEALED.
   30    S  13.  Subparagraph (ix) of paragraph (a) of subdivision 1 of section
   31  125.27 of the penal law, as added by chapter 1 of the laws of  1995,  is
   32  amended to read as follows:
   33    (ix) prior to committing the killing, the defendant had been convicted
   34  of  murder  as defined in this section or section 125.25 of this article
   35  OR CONVICTED OF AGGRAVATED MURDER OF  A  CHILD  AS  DEFINED  IN  SECTION
   36  125.28 OF THIS ARTICLE, or had been convicted in another jurisdiction of
   37  an  offense  which,  if  committed  in  this  state,  would constitute a
   38  violation of [either of such] THE AFOREMENTIONED sections; or
   39    S 14. The penal law is amended by adding a new section 190.17 to  read
   40  as follows:
   41  S 190.17 OBSTRUCTING THE LOCATION OF A MISSING CHILD.
   42    A  PERSON    IS  GUILTY OF OBSTRUCTING THE LOCATION OF A MISSING CHILD
   43  WHEN HE OR SHE KNOWINGLY PROVIDES FALSE INFORMATION TO  LAW  ENFORCEMENT
   44  OFFICIALS  AS TO THE WHEREABOUTS OF A CHILD LESS THAN FOURTEEN YEARS OLD
   45  WHO HAS BEEN REPORTED MISSING, OR WHOSE WHEREABOUTS HAS BEEN UNKNOWN FOR
   46  MORE THAN TWENTY-FOUR HOURS.
   47    OBSTRUCTING THE LOCATION OF A MISSING CHILD IS A CLASS E FELONY.
   48    S 15. The penal law is amended by adding a new section 190.18 to  read
   49  as follows:
   50  S 190.18 CONCEALMENT OF A DEATH.
   51    A  PERSON IS GUILTY OF CONCEALMENT OF A DEATH WHEN HE OR SHE KNOWINGLY
   52  MOVES OR OTHERWISE CONCEALS A HUMAN CORPSE  SO  THAT  DISCOVERY  OF  THE
   53  DEATH OF SUCH PERSON WILL BE HINDERED.
   54    CONCEALMENT OF A DEATH IS A CLASS D FELONY.
   55    S  16. The penal law is amended by adding a new section 260.09 to read
   56  as follows:
       S. 1721--A                          8
    1  S 260.09 AGGRAVATED ENDANGERING THE WELFARE OF A CHILD.
    2    A  PERSON  IS  GUILTY OF AGGRAVATED ENDANGERING THE WELFARE OF A CHILD
    3  WHEN, BEING EIGHTEEN YEARS OLD OR MORE, AND BEING A PARENT, GUARDIAN  OR
    4  OTHER PERSON LEGALLY CHARGED WITH THE CUSTODY OF, OR LEGALLY RESPONSIBLE
    5  FOR THE CARE OF, A CHILD LESS THAN FOURTEEN YEARS OLD, OR BEING A PERSON
    6  IN  A  POSITION  OF TRUST OF A CHILD LESS THEN FOURTEEN YEARS OLD, HE OR
    7  SHE KNOWINGLY ACTS IN A MANNER LIKELY TO BE INJURIOUS TO  THE  PHYSICAL,
    8  MENTAL OR MORAL WELFARE OF SUCH CHILD, AND:
    9    1. PREVIOUSLY HAS BEEN CONVICTED OF A CHILD ABUSE OFFENSE; OR
   10    2.  SUCH  CONDUCT CONSISTS OF TWO OR MORE ACTS OF CRUELTY AGAINST SUCH
   11  CHILD. FOR PURPOSES OF THIS SUBDIVISION, "CRUELTY" MEANS  CONDUCT  WHICH
   12  (A)  CAUSES  EXTREME  PHYSICAL  PAIN,  OR (B) WHICH IS CARRIED OUT IN AN
   13  ESPECIALLY VICIOUS OR SADISTIC MANNER; OR
   14    3. SUCH CONDUCT CONSISTS OF FAILING TO REPORT TO LAW ENFORCEMENT  WHEN
   15  THE  WHEREABOUTS  OF SUCH CHILD HAS BEEN UNKNOWN BY SUCH PERSON FOR MORE
   16  THAN TWENTY-FOUR HOURS. FOR THE PURPOSES  OF  THIS  SECTION,  A  PARENT,
   17  GUARDIAN OR OTHER PERSON LEGALLY CHARGED WITH THE CUSTODY OF, OR LEGALLY
   18  RESPONSIBLE FOR THE CARE OF A CHILD UNDER THE AGE OF ELEVEN IS DEEMED TO
   19  BE  ACTING IN A MANNER LIKELY TO BE INJURIOUS TO THE PHYSICAL, MENTAL OR
   20  MORAL WELFARE OF SUCH CHILD IF SUCH CHILD'S WHEREABOUTS  IS  UNKNOWN  BY
   21  SUCH PERSON FOR MORE THAN TWENTY-FOUR HOURS.
   22    AGGRAVATED ENDANGERING THE WELFARE OF A CHILD IS A CLASS E FELONY.
   23    S  17. Paragraph (a) of subdivision 3 of section 30.30 of the criminal
   24  procedure law, as amended by chapter 93 of the laws of 2006, is  amended
   25  to read as follows:
   26    (a) Subdivisions one and two do not apply to a criminal action wherein
   27  the  defendant  is  accused  of  an  offense defined in sections 125.10,
   28  125.15, 125.20, 125.25, 125.26 [and], 125.27 AND  125.28  of  the  penal
   29  law.
   30    S  18.  Subdivision 1 of section 180.85 of the criminal procedure law,
   31  as amended by chapter 93 of the laws of 2006,  is  amended  to  read  as
   32  follows:
   33    1.  After  arraignment  of  a defendant upon a felony complaint, other
   34  than a felony complaint charging an offense defined in  section  125.10,
   35  125.15,  125.20,  125.23,  125.25,  125.26 [or], 125.27 OR 125.28 of the
   36  penal law, either party or the local criminal court  or  superior  court
   37  before  which  the  action  is  pending,  on its own motion, may move in
   38  accordance with the provisions of this section for an order  terminating
   39  prosecution of the charges contained in such felony complaint on consent
   40  of the parties.
   41    S 19. Paragraph (h) of subdivision 3 of section 190.25 of the criminal
   42  procedure law, as amended by chapter 405 of the laws of 2010, is amended
   43  to read as follows:
   44    (h)  A  social  worker,  rape  crisis counselor, psychologist or other
   45  professional providing emotional support to a child witness twelve years
   46  old or younger who is called to give evidence in a grand jury proceeding
   47  concerning a crime defined in article one  hundred  twenty-one,  article
   48  one  hundred  thirty, article two hundred sixty, section 120.01, 120.10,
   49  120.19,  120.19-A,  125.10,  125.15,  125.20,  125.23,  125.25,  125.26,
   50  125.27,  125.28,  255.25, 255.26 [or], 255.27 OR 260.09 of the penal law
   51  provided that the district attorney consents. Such support person  shall
   52  not  provide  the  witness  with  an answer to any question or otherwise
   53  participate in such proceeding and shall first take an oath  before  the
   54  grand jury that he or she will keep secret all matters before such grand
   55  jury within his or her knowledge.
       S. 1721--A                          9
    1    S 20. Paragraph (b) of subdivision 8 of section 700.05 of the criminal
    2  procedure law, as amended by chapter 405 of the laws of 2010, is amended
    3  to read as follows:
    4    (b)  Any  of  the  following felonies: assault in the second degree as
    5  defined in section 120.05 of the penal law, AGGRAVATED ABUSE OF A  CHILD
    6  IN  THE  THIRD  DEGREE  AS  DEFINED  IN SECTION 120.01 OF THE PENAL LAW,
    7  AGGRAVATED ABUSE OF A CHILD IN THE SECOND DEGREE AS DEFINED  IN  SECTION
    8  120.19 OF THE PENAL LAW, AGGRAVATED ABUSE OF A CHILD IN THE FIRST DEGREE
    9  AS  DEFINED  IN  SECTION 120.19-A OF THE PENAL LAW, assault in the first
   10  degree as defined in section 120.10 of the penal law, reckless endanger-
   11  ment in the first degree as defined in section 120.25 of the penal  law,
   12  promoting  a  suicide  attempt as defined in section 120.30 of the penal
   13  law, strangulation in the second degree as defined in section 121.12  of
   14  the  penal  law, strangulation in the first degree as defined in section
   15  121.13 of the penal law, criminally negligent  homicide  as  defined  in
   16  section  125.10  of  the penal law, manslaughter in the second degree as
   17  defined in section 125.15 of the penal law, manslaughter  in  the  first
   18  degree  as  defined  in  section  125.20  of  the  penal law, AGGRAVATED
   19  MANSLAUGHTER OF A CHILD AS DEFINED IN SECTION 125.23 OF THE  PENAL  LAW,
   20  murder  in  the  second degree as defined in section 125.25 of the penal
   21  law, murder in the first degree as defined  in  section  125.27  of  the
   22  penal  law, AGGRAVATED MURDER OF A CHILD AS DEFINED IN SECTION 125.28 OF
   23  THE PENAL LAW, abortion in the  second  degree  as  defined  in  section
   24  125.40  of  the  penal  law,  abortion in the first degree as defined in
   25  section 125.45 of the penal law, rape in the third degree as defined  in
   26  section 130.25 of the penal law, rape in the second degree as defined in
   27  section  130.30 of the penal law, rape in the first degree as defined in
   28  section 130.35 of the penal law, criminal sexual act in the third degree
   29  as defined in section 130.40 of the penal law, criminal  sexual  act  in
   30  the  second degree as defined in section 130.45 of the penal law, crimi-
   31  nal sexual act in the first degree as defined in section 130.50  of  the
   32  penal law, sexual abuse in the first degree as defined in section 130.65
   33  of  the  penal law, unlawful imprisonment in the first degree as defined
   34  in section 135.10 of the penal law, kidnapping in the second  degree  as
   35  defined  in  section  135.20  of  the penal law, kidnapping in the first
   36  degree as defined in section 135.25 of the penal law, labor  trafficking
   37  as defined in section 135.35 of the penal law, custodial interference in
   38  the first degree as defined in section 135.50 of the penal law, coercion
   39  in the first degree as defined in section 135.65 of the penal law, crim-
   40  inal  trespass  in  the first degree as defined in section 140.17 of the
   41  penal law, burglary in the third degree as defined in section 140.20  of
   42  the  penal  law,  burglary  in  the  second degree as defined in section
   43  140.25 of the penal law, burglary in the  first  degree  as  defined  in
   44  section  140.30  of the penal law, criminal mischief in the third degree
   45  as defined in section 145.05 of the penal law, criminal mischief in  the
   46  second  degree  as  defined in section 145.10 of the penal law, criminal
   47  mischief in the first degree as defined in section 145.12 of  the  penal
   48  law, criminal tampering in the first degree as defined in section 145.20
   49  of  the  penal  law,  arson  in  the fourth degree as defined in section
   50  150.05 of the penal law, arson in the third degree as defined in section
   51  150.10 of the penal law, arson  in  the  second  degree  as  defined  in
   52  section 150.15 of the penal law, arson in the first degree as defined in
   53  section  150.20  of the penal law, grand larceny in the fourth degree as
   54  defined in section 155.30 of the penal law, grand larceny in  the  third
   55  degree  as  defined in section 155.35 of the penal law, grand larceny in
   56  the second degree as defined in section 155.40 of the penal  law,  grand
       S. 1721--A                         10
    1  larceny  in  the  first degree as defined in section 155.42 of the penal
    2  law, health care fraud in the fourth degree as defined in section 177.10
    3  of the penal law, health care fraud in the third degree  as  defined  in
    4  section  177.15 of the penal law, health care fraud in the second degree
    5  as defined in section 177.20 of the penal law, health care fraud in  the
    6  first  degree  as defined in section 177.25 of the penal law, robbery in
    7  the third degree as defined in section 160.05 of the penal law,  robbery
    8  in  the  second  degree  as  defined in section 160.10 of the penal law,
    9  robbery in the first degree as defined in section 160.15  of  the  penal
   10  law,  unlawful  use  of secret scientific material as defined in section
   11  165.07 of the penal law, criminal possession of stolen property  in  the
   12  fourth  degree  as  defined in section 165.45 of the penal law, criminal
   13  possession of stolen property in the third degree as defined in  section
   14  165.50  of  the penal law, criminal possession of stolen property in the
   15  second degree as defined by section 165.52 of the  penal  law,  criminal
   16  possession  of stolen property in the first degree as defined by section
   17  165.54 of the penal law, trademark counterfeiting in the  second  degree
   18  as  defined in section 165.72 of the penal law, trademark counterfeiting
   19  in the first degree as defined in  section  165.73  of  the  penal  law,
   20  forgery  in  the second degree as defined in section 170.10 of the penal
   21  law, forgery in the first degree as defined in  section  170.15  of  the
   22  penal  law,  criminal  possession  of  a forged instrument in the second
   23  degree  as  defined  in  section  170.25  of  the  penal  law,  criminal
   24  possession  of  a  forged  instrument  in the first degree as defined in
   25  section 170.30 of the penal law, criminal possession of forgery  devices
   26  as  defined  in  section  170.40  of  the penal law, falsifying business
   27  records in the first degree as defined in section 175.10  of  the  penal
   28  law,  tampering  with  public  records in the first degree as defined in
   29  section 175.25 of the penal law, offering a false instrument for  filing
   30  in the first degree as defined in section 175.35 of the penal law, issu-
   31  ing  a  false certificate as defined in section 175.40 of the penal law,
   32  criminal diversion of prescription medications and prescriptions in  the
   33  second  degree  as  defined in section 178.20 of the penal law, criminal
   34  diversion of prescription medications and  prescriptions  in  the  first
   35  degree  as defined in section 178.25 of the penal law, residential mort-
   36  gage fraud in the fourth degree as defined  in  section  187.10  of  the
   37  penal  law, residential mortgage fraud in the third degree as defined in
   38  section 187.15 of the penal  law,  residential  mortgage  fraud  in  the
   39  second degree as defined in section 187.20 of the penal law, residential
   40  mortgage  fraud  in the first degree as defined in section 187.25 of the
   41  penal law, escape in the second degree as defined in section  205.10  of
   42  the  penal  law, escape in the first degree as defined in section 205.15
   43  of the penal law, absconding from temporary release in the first  degree
   44  as  defined in section 205.17 of the penal law, promoting prison contra-
   45  band in the first degree as defined in section 205.25 of the penal  law,
   46  hindering  prosecution in the second degree as defined in section 205.60
   47  of the penal law, hindering prosecution in the first degree  as  defined
   48  in  section  205.65  of  the  penal  law,  sex trafficking as defined in
   49  section 230.34 of the penal law, criminal possession of a weapon in  the
   50  third  degree  as defined in subdivisions two, three and five of section
   51  265.02 of the penal law, criminal possession of a weapon in  the  second
   52  degree  as  defined  in  section  265.03  of  the  penal  law,  criminal
   53  possession of a weapon in the first degree as defined in section  265.04
   54  of  the penal law, manufacture, transport, disposition and defacement of
   55  weapons and dangerous instruments and appliances defined as felonies  in
   56  subdivisions  one,  two,  and  three of section 265.10 of the penal law,
       S. 1721--A                         11
    1  sections 265.11, 265.12 and 265.13 of the penal law, or  prohibited  use
    2  of  weapons as defined in subdivision two of section 265.35 of the penal
    3  law, relating to firearms and other dangerous  weapons,  or  failure  to
    4  disclose  the  origin  of  a recording in the first degree as defined in
    5  section 275.40 of the penal law;
    6    S 21. Paragraph (a) of subdivision 4 of section 509-cc of the  vehicle
    7  and  traffic  law,  as  amended  by  chapter 400 of the laws of 2011, is
    8  amended to read as follows:
    9    (a) The offenses referred to in subparagraph (ii) of paragraph (a)  of
   10  subdivision  one  and  paragraph  (a) of subdivision two of this section
   11  that result in permanent disqualification  shall  include  a  conviction
   12  under  sections  125.12, 125.13, 125.14, 125.15, 125.20, 125.21, 125.22,
   13  125.25, 125.26, 125.27, 130.30, 130.35, 130.45, 130.50, 130.65,  130.66,
   14  130.67,  130.70, 130.75, 130.80, 130.90, 130.95, 130.96, 135.25, 150.20,
   15  230.30, 230.32, 230.34, 235.22, 263.05, 263.10, 263.11,  263.15,  263.16
   16  of  the  penal law or an attempt to commit any of the aforesaid offenses
   17  under section 110.00 of the penal law,  OR  A  CHILD  ABUSE  OFFENSE  AS
   18  DEFINED  IN  SUBDIVISION TWENTY-THREE OF SECTION 10.00 OF THE PENAL LAW,
   19  or any offenses committed under a former section of the penal law  which
   20  would  constitute violations of the aforesaid sections of the penal law,
   21  or any offenses committed outside  this  state  which  would  constitute
   22  violations of the aforesaid sections of the penal law.
   23    S 22. Section 4-1.6 of the estates, powers and trusts law, as added by
   24  chapter 481 of the laws of 1994, is amended to read as follows:
   25  S 4-1.6 Disqualification of joint tenant in certain instances
   26    Notwithstanding  any  other  provision of law to the contrary, a joint
   27  tenant convicted of murder in the second degree as  defined  in  section
   28  125.25  of  the  penal  law  or murder in the first degree as defined in
   29  section 125.27 of the penal law OR  AGGRAVATED  MURDER  OF  A  CHILD  AS
   30  DEFINED IN SECTION 125.28 OF THE PENAL LAW of another joint tenant shall
   31  not  be  entitled  to  the  distribution  of  any monies in a joint bank
   32  account created  or contributed to by the deceased joint tenant,  except
   33  for those monies contributed by the convicted joint tenant.
   34    Upon  the  conviction  of  such joint tenant of first or second degree
   35  murder and upon application by the prosecuting attorney, the  court,  as
   36  part  of  its sentence, shall issue an order directing the amount of any
   37  joint bank account to be distributed pursuant to the provisions of  this
   38  section  from  the  convicted  joint  tenant  and  to the deceased joint
   39  tenant's estate. The court and the prosecuting attorney shall each  have
   40  the  power to subpoena records of a banking institution to determine the
   41  amount of money in such bank account and by whom deposits were made. The
   42  court shall also have the power to freeze such account upon  application
   43  by  the prosecuting attorney during the pendency of a trial for first or
   44  second degree murder. If, upon receipt of such court orders described in
   45  this section, the banking  institution  holding  monies  in  such  joint
   46  account  complies  with the terms of the order, such banking institution
   47  shall be held free from all liability for the distribution of such funds
   48  as were in such joint account. In the absence of actual or  constructive
   49  notice  of  such  order,  the banking institution holding monies in such
   50  account shall be held harmless for distributing the money  according  to
   51  its ordinary course of business.
   52    For  purposes of this section, the term banking institution shall have
   53  the same meaning as provided for in paragraph (b) of  subdivision  three
   54  of section nine-f of the banking law.
       S. 1721--A                         12
    1    S  23.  Subparagraph  2  of  paragraph (b) of subdivision 3 of section
    2  358-a of the social services law, as added by chapter 7 of the  laws  of
    3  1999, is amended to read as follows:
    4    (2)  the  parent  of  such  child has been convicted of (i) AGGRAVATED
    5  MANSLAUGHTER OF A CHILD AS  DEFINED  IN  SECTION  125.23  OR  AGGRAVATED
    6  MURDER  OF  A  CHILD AS DEFINED IN SECTION 125.28 OR murder in the first
    7  degree as defined in section 125.27 or murder in the  second  degree  as
    8  defined  in  section  125.25 of the penal law and the victim was another
    9  child of the parent; or (ii) manslaughter in the first degree as defined
   10  in section 125.20 or manslaughter in the second  degree  as  defined  in
   11  section  125.15 of the penal law and the victim was another child of the
   12  parent, provided, however, that the parent must have  acted  voluntarily
   13  in committing such crime;
   14    S 24. Clause (A) of subparagraph (iii) of paragraph (a) of subdivision
   15  8 of section 384-b of the social services law, as amended by chapter 460
   16  of the laws of 2006, is amended to read as follows:
   17    (A)  the  parent  of  such  child  has  been  convicted  of AGGRAVATED
   18  MANSLAUGHTER OF A CHILD AS DEFINED IN SECTION 125.23, AGGRAVATED  MURDER
   19  OF  A  CHILD AS DEFINED IN SECTION 125.28, murder in the first degree as
   20  defined in section 125.27, murder in the second  degree  as  defined  in
   21  section  125.25,  manslaughter in the first degree as defined in section
   22  125.20, or manslaughter in the  second  degree  as  defined  in  section
   23  125.15  OF  THE  PENAL LAW, and the victim of any such crime was another
   24  child of the parent or another child for whose care such  parent  is  or
   25  has  been  legally  responsible as defined in subdivision (g) of section
   26  one thousand twelve of the family court act, or another  parent  of  the
   27  child,  unless  the convicted parent was a victim of physical, sexual or
   28  psychological abuse by the decedent parent and such abuse was  a  factor
   29  in  causing  the homicide; or has been convicted of an attempt to commit
   30  any of the foregoing crimes, and the victim or intended victim  was  the
   31  child  or  another  child  of the parent or another child for whose care
   32  such parent is or has been legally responsible as defined in subdivision
   33  (g) of section one thousand twelve of the family court act,  or  another
   34  parent  of  the child, unless the convicted parent was a victim of phys-
   35  ical, sexual or psychological abuse by  the  decedent  parent  and  such
   36  abuse was a factor in causing the attempted homicide;
   37    S  25.  This  act shall take effect on the sixtieth day after it shall
   38  have become a law; provided that if section 27 of chapter 1 of the  laws
   39  of  2013 is not in effect on such effective date, then the amendments to
   40  subdivision 1 of section 70.02 of the penal law made by section  six  of
   41  this  act  shall  take effect on the same date and in the same manner as
   42  section 27 of chapter 1 of the laws of 2013, takes effect.