S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         10026
                                 I N  A S S E M B L Y
                                     June 9, 2014
                                      ___________
       Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Clark) --
         read once and referred to the Committee on Codes
       AN ACT to amend the penal law, the criminal procedure law,  the  vehicle
         and  traffic  law,  the  estates, powers and trusts law and the social
         services law, in relation to establishing the offenses  of  aggravated
         murder  of  a  child, aggravated abuse of a child in the third degree,
         aggravated abuse of a child in the second degree, aggravated abuse  of
         a  child  in  the  first  degree,  aggravated manslaughter of a child,
         aggravated endangering the welfare of a child, 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
   13  DEFINED IN SUBDIVISION TWO OF SECTION 230.30; PROMOTING PROSTITUTION  IN
   14  THE  FIRST  DEGREE  AS DEFINED IN SECTION 230.32; DISSEMINATING INDECENT
   15  MATERIAL TO MINORS IN THE SECOND DEGREE AS DEFINED  IN  SECTION  235.21;
   16  DISSEMINATING INDECENT MATERIAL TO MINORS IN THE FIRST DEGREE AS DEFINED
   17  IN  SECTION 235.22; ABANDONMENT OF A CHILD AS DEFINED IN SECTION 260.00;
   18  NON-SUPPORT OF A CHILD IN  THE  SECOND  DEGREE  AS  DEFINED  IN  SECTION
   19  260.05; NON-SUPPORT OF A CHILD IN THE FIRST DEGREE AS DEFINED IN SECTION
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04973-03-3
       A. 10026                            2
    1  260.06;  AGGRAVATED  ENDANGERING  THE  WELFARE  OF A CHILD AS DEFINED IN
    2  SECTION 260.09; ENDANGERING THE WELFARE OF A CHILD AS DEFINED IN SECTION
    3  260.10; UNLAWFULLY DEALING WITH A CHILD IN THE FIRST DEGREE  AS  DEFINED
    4  IN  SECTION 260.20; UNLAWFULLY DEALING WITH A CHILD IN THE SECOND DEGREE
    5  AS DEFINED IN SECTION 260.21; OR  AN  OFFENSE  DEFINED  IN  ARTICLE  TWO
    6  HUNDRED SIXTY-THREE OF THIS CHAPTER; OR
    7    (B)  AN  OFFENSE  DEFINED  IN  ARTICLE ONE HUNDRED TWENTY, ONE HUNDRED
    8  TWENTY-FIVE, ONE HUNDRED THIRTY OR ONE HUNDRED THIRTY-FIVE OF THIS CHAP-
    9  TER PROVIDED THE VICTIM OF SUCH OFFENSE IS LESS THAN FOURTEEN  YEARS  OF
   10  AGE; OR
   11    (C)  AN ATTEMPT TO COMMIT AN OFFENSE LISTED IN PARAGRAPH (A) OR (B) OF
   12  THIS SUBDIVISION; OR
   13    (D) AN OFFENSE IN ANY OTHER JURISDICTION WHICH  INCLUDES  ALL  OF  THE
   14  ESSENTIAL ELEMENTS OF ANY SUCH CRIME LISTED IN PARAGRAPH (A), (B) OR (C)
   15  OF THIS SUBDIVISION.
   16    S  3. Section 60.06 of the penal law, as amended by chapter 482 of the
   17  laws of 2009, is amended to read as follows:
   18  S 60.06 Authorized disposition; murder in the  first  degree  offenders;
   19            aggravated  murder  offenders;  AGGRAVATED  MURDER  OF A CHILD
   20            OFFENDERS; certain murder  in  the  second  degree  offenders;
   21            certain terrorism offenders; criminal possession of a chemical
   22            weapon or biological weapon offenders; criminal use of a chem-
   23            ical weapon or biological weapon offenders.
   24    When a defendant is convicted of murder in the first degree as defined
   25  in  section  125.27 of this chapter, the court shall, in accordance with
   26  the provisions of section 400.27 of the criminal procedure law, sentence
   27  the defendant to death, to life imprisonment without parole  in  accord-
   28  ance  with subdivision five of section 70.00 of this title, or to a term
   29  of imprisonment for a class A-I felony other than  a  sentence  of  life
   30  imprisonment without parole, in accordance with subdivisions one through
   31  three  of  section  70.00  of this title. When a person is convicted [of
   32  murder in the second degree as defined in subdivision  five  of  section
   33  125.25  of this chapter or] of the crime of aggravated murder as defined
   34  in subdivision one of section 125.26 of this chapter OR OF THE CRIME  OF
   35  AGGRAVATED  MURDER OF A CHILD AS DEFINED IN SECTION 125.28 OF THIS CHAP-
   36  TER, the court shall sentence the defendant to life imprisonment without
   37  parole in accordance with subdivision five  of  section  70.00  of  this
   38  title.    When  a  defendant  is  convicted of the crime of terrorism as
   39  defined in section 490.25 of this chapter, and the specified offense the
   40  defendant committed is a class A-I felony offense, or when  a  defendant
   41  is convicted of the crime of criminal possession of a chemical weapon or
   42  biological  weapon  in  the first degree as defined in section 490.45 of
   43  this chapter, or when a defendant is convicted of the crime of  criminal
   44  use  of  a  chemical  weapon or biological weapon in the first degree as
   45  defined in section 490.55 of this chapter, the court shall sentence  the
   46  defendant  to life imprisonment without parole in accordance with subdi-
   47  vision five of section 70.00 of  this  title;  provided,  however,  that
   48  nothing  in  this  section shall preclude or prevent a sentence of death
   49  when the defendant is also convicted of murder in the  first  degree  as
   50  defined in section 125.27 of this chapter. When a defendant is convicted
   51  of  aggravated murder as defined in subdivision two of section 125.26 of
   52  this chapter, the court shall sentence the defendant to  life  imprison-
   53  ment  without parole or to a term of imprisonment for a class A-I felony
   54  other than a sentence of life imprisonment without parole, in accordance
   55  with subdivisions one through three of section 70.00 of this title.
       A. 10026                            3
    1    S 4. Subparagraph (i) of paragraph (a) of  subdivision  3  of  section
    2  70.00  of  the penal law, as amended by chapter 107 of the laws of 2006,
    3  is amended to read as follows:
    4    (i) For a class A-I felony, such minimum period shall not be less than
    5  fifteen  years  nor more than twenty-five years; provided, however, that
    6  (A) where a sentence, other than a sentence of death or  life  imprison-
    7  ment  without parole, is imposed upon a defendant convicted of murder in
    8  the first degree as defined in section 125.27 of this chapter such mini-
    9  mum period shall be not less than twenty years nor more than twenty-five
   10  years, and, (B) where a sentence is imposed upon a defendant  [convicted
   11  of murder in the second degree as defined in subdivision five of section
   12  125.25  of this chapter or] convicted of aggravated murder as defined in
   13  section 125.26 of this chapter OR CONVICTED OF AGGRAVATED  MURDER  OF  A
   14  CHILD  AS  DEFINED IN SECTION 125.28 OF THIS CHAPTER, the sentence shall
   15  be life imprisonment without  parole,  and,  (C)  where  a  sentence  is
   16  imposed  upon  a  defendant  convicted  of attempted murder in the first
   17  degree as defined in article one hundred ten of this chapter and subpar-
   18  agraph (i), (ii) or (iii) of paragraph (a) of subdivision one and  para-
   19  graph  (b)  of  subdivision  one  of  section  125.27 of this chapter or
   20  attempted aggravated murder as defined in article  one  hundred  ten  of
   21  this  chapter and section 125.26 of this chapter OR ATTEMPTED AGGRAVATED
   22  MURDER OF A CHILD AS DEFINED IN ARTICLE ONE HUNDRED TEN OF THIS  CHAPTER
   23  AND SECTION 125.28 OF THIS CHAPTER such minimum period shall be not less
   24  than twenty years nor more than forty years.
   25    S  5.  Subdivision  5 of section 70.00 of the penal law, as amended by
   26  chapter 482 of the laws of 2009, is amended to read as follows:
   27    5.  Life  imprisonment  without  parole.  Notwithstanding  any   other
   28  provision  of  law,  a  defendant sentenced to life imprisonment without
   29  parole shall not  be  or  become  eligible  for  parole  or  conditional
   30  release.  For  purposes of commitment and custody, other than parole and
   31  conditional release, such sentence shall be deemed to be  an  indetermi-
   32  nate  sentence.  A defendant may be sentenced to life imprisonment with-
   33  out parole upon conviction for the crime of murder in the  first  degree
   34  as  defined in section 125.27 of this chapter and in accordance with the
   35  procedures provided by law for imposing a sentence  for  such  crime.  A
   36  defendant  must  be  sentenced  to life imprisonment without parole upon
   37  conviction for the crime of terrorism as defined in  section  490.25  of
   38  this  chapter,  where the specified offense the defendant committed is a
   39  class A-I felony; the crime of criminal possession of a chemical  weapon
   40  or biological weapon in the first degree as defined in section 490.45 of
   41  this  chapter;  or  the  crime  of  criminal use of a chemical weapon or
   42  biological weapon in the first degree as defined in  section  490.55  of
   43  this  chapter; provided, however, that nothing in this subdivision shall
   44  preclude or prevent a sentence of  death  when  the  defendant  is  also
   45  convicted  of  the  crime  of  murder  in the first degree as defined in
   46  section 125.27 of this chapter.  A defendant must be sentenced  to  life
   47  imprisonment  without parole upon conviction [for the crime of murder in
   48  the second degree as defined in subdivision five of  section  125.25  of
   49  this chapter or] for the crime of aggravated murder as defined in subdi-
   50  vision  one of section 125.26 of this chapter OR FOR THE CRIME OF AGGRA-
   51  VATED MURDER OF A CHILD AS DEFINED IN SECTION 125.28 OF THIS CHAPTER.  A
   52  defendant may be sentenced to  life  imprisonment  without  parole  upon
   53  conviction  for the crime of aggravated murder as defined in subdivision
   54  two of section 125.26 of this chapter.
   55    S 6. Paragraphs (a), (b) and (c) of subdivision 1 of section 70.02  of
   56  the  penal  law,  paragraph (a) as amended by chapter 320 of the laws of
       A. 10026                            4
    1  2006 and paragraphs (b) and (c) as amended by chapter 1 of the  laws  of
    2  2013, are amended to read as follows:
    3    (a)  Class  B  violent felony offenses: an attempt to commit the class
    4  A-I felonies of murder in  the  second  degree  as  defined  in  section
    5  125.25, kidnapping in the first degree as defined in section 135.25, and
    6  arson  in the first degree as defined in section 150.20; manslaughter in
    7  the first degree as defined in section 125.20,  aggravated  manslaughter
    8  in the first degree as defined in section 125.22, AGGRAVATED MANSLAUGHT-
    9  ER  OF A CHILD AS DEFINED IN SECTION 125.23, rape in the first degree as
   10  defined in section 130.35, criminal sexual act in the  first  degree  as
   11  defined  in  section 130.50, aggravated sexual abuse in the first degree
   12  as defined in section 130.70, course of sexual conduct against  a  child
   13  in  the  first degree as defined in section 130.75; assault in the first
   14  degree as defined in section 120.10, kidnapping in the second degree  as
   15  defined  in  section  135.20, burglary in the first degree as defined in
   16  section 140.30, arson in the second degree as defined in section 150.15,
   17  robbery in the first degree as defined in section 160.15, incest in  the
   18  first  degree  as  defined  in  section 255.27, criminal possession of a
   19  weapon in the first degree as defined in section 265.04, criminal use of
   20  a firearm in the first degree as defined  in  section  265.09,  criminal
   21  sale  of  a  firearm  in  the first degree as defined in section 265.13,
   22  aggravated assault upon a police officer or a peace officer  as  defined
   23  in  section  120.11,  gang  assault  in  the  first degree as defined in
   24  section 120.07, intimidating a victim or witness in the first degree  as
   25  defined  in  section  215.17,  hindering prosecution of terrorism in the
   26  first degree as defined in section  490.35,  criminal  possession  of  a
   27  chemical  weapon or biological weapon in the second degree as defined in
   28  section 490.40, and criminal use of  a  chemical  weapon  or  biological
   29  weapon in the third degree as defined in section 490.47.
   30    (b)  Class  C violent felony offenses: an attempt to commit any of the
   31  class B felonies set forth in paragraph (a) of this subdivision;  aggra-
   32  vated criminally negligent homicide as defined in section 125.11, aggra-
   33  vated  manslaughter  in  the second degree as defined in section 125.21,
   34  aggravated sexual abuse in the  second  degree  as  defined  in  section
   35  130.67, assault on a peace officer, police officer, fireman or emergency
   36  medical services professional as defined in section 120.08, assault on a
   37  judge as defined in section 120.09, gang assault in the second degree as
   38  defined  in  section  120.06,  AGGRAVATED  ABUSE OF A CHILD IN THE FIRST
   39  DEGREE AS DEFINED IN SECTION 120.19-A, strangulation in the first degree
   40  as defined in section 121.13, burglary in the second degree  as  defined
   41  in  section  140.25,  robbery in the second degree as defined in section
   42  160.10, criminal possession of a weapon in the second degree as  defined
   43  in  section  265.03,  criminal  use of a firearm in the second degree as
   44  defined in section 265.08, criminal sale of  a  firearm  in  the  second
   45  degree as defined in section 265.12, criminal sale of a firearm with the
   46  aid  of  a  minor  as  defined  in  section  265.14, aggravated criminal
   47  possession of a weapon as  defined  in  section  265.19,  soliciting  or
   48  providing support for an act of terrorism in the first degree as defined
   49  in  section  490.15,  hindering  prosecution  of terrorism in the second
   50  degree as defined in section 490.30, and criminal possession of a chemi-
   51  cal weapon or biological weapon  in  the  third  degree  as  defined  in
   52  section 490.37.
   53    (c)  Class  D violent felony offenses: an attempt to commit any of the
   54  class C felonies set forth in paragraph (b); reckless assault of a child
   55  as defined in section 120.02, assault in the second degree as defined in
   56  section 120.05, AGGRAVATED ABUSE OF A CHILD  IN  THE  SECOND  DEGREE  AS
       A. 10026                            5
    1  DEFINED IN SECTION 120.19, menacing a police officer or peace officer as
    2  defined  in  section 120.18, stalking in the first degree, as defined in
    3  subdivision one of section 120.60, strangulation in the second degree as
    4  defined  in  section  121.12,  rape  in  the second degree as defined in
    5  section 130.30, criminal sexual act in the second degree as  defined  in
    6  section  130.45,  sexual abuse in the first degree as defined in section
    7  130.65, course of sexual conduct against a child in the second degree as
    8  defined in section 130.80, aggravated sexual abuse in the  third  degree
    9  as  defined  in  section  130.66,  facilitating  a  sex  offense  with a
   10  controlled substance as defined in section 130.90,  criminal  possession
   11  of  a  weapon  in  the third degree as defined in subdivision five, six,
   12  seven, eight, nine or ten of section 265.02, criminal sale of a  firearm
   13  in  the third degree as defined in section 265.11, intimidating a victim
   14  or witness in the second degree as defined in section 215.16, soliciting
   15  or providing support for an act of terrorism in  the  second  degree  as
   16  defined in section 490.10, and making a terroristic threat as defined in
   17  section  490.20,  falsely  reporting  an incident in the first degree as
   18  defined in section 240.60, placing a false bomb or  hazardous  substance
   19  in  the  first degree as defined in section 240.62, placing a false bomb
   20  or hazardous substance in a sports stadium or arena, mass transportation
   21  facility or enclosed shopping mall as defined  in  section  240.63,  and
   22  aggravated unpermitted use of indoor pyrotechnics in the first degree as
   23  defined in section 405.18.
   24    S  7.  Subdivision 1 of section 110.05 of the penal law, as amended by
   25  chapter 93 of the laws of 2006, is amended to read as follows:
   26    1. Class A-I felony when the crime attempted  is  the  A-I  felony  of
   27  murder  in the first degree, aggravated murder as defined in subdivision
   28  one of section 125.26 of this chapter, AGGRAVATED  MURDER  OF  A  CHILD,
   29  criminal possession of a controlled substance in the first degree, crim-
   30  inal  sale  of  a  controlled  substance  in  the first degree, criminal
   31  possession of a chemical or biological weapon in  the  first  degree  or
   32  criminal use of a chemical or biological weapon in the first degree;
   33    S  8.  Section 120.01 of the penal law, as added by chapter 600 of the
   34  laws of 1998, is amended to read as follows:
   35  S 120.01 [Reckless assault] AGGRAVATED ABUSE of a child [by a child  day
   36             care provider] IN THE THIRD DEGREE.
   37    A  person  is guilty of [reckless assault] AGGRAVATED ABUSE of a child
   38  IN THE THIRD DEGREE when, being [a child day care provider or an employ-
   39  ee thereof] EIGHTEEN YEARS OLD OR MORE, AND BEING A PARENT, GUARDIAN  OR
   40  OTHER PERSON LEGALLY CHARGED WITH THE CUSTODY OF, OR LEGALLY RESPONSIBLE
   41  FOR THE CARE OF, A CHILD LESS THAN FOURTEEN YEARS OLD, OR BEING A PERSON
   42  IN  A  POSITION  OF TRUST OF A CHILD LESS THAN FOURTEEN YEARS OLD, he or
   43  she recklessly causes [serious] physical injury to [a] SUCH child [under
   44  the care of such provider or employee who is less than eleven  years  of
   45  age].
   46    [Reckless  assault]  AGGRAVATED  ABUSE of a child [by a child day care
   47  provider] IN THE THIRD DEGREE is a class E felony.
   48    S 9. The penal law is amended by adding two new  sections  120.19  and
   49  120.19-a to read as follows:
   50  S 120.19 AGGRAVATED ABUSE OF A CHILD IN THE SECOND DEGREE.
   51    A PERSON IS GUILTY OF AGGRAVATED ABUSE OF A CHILD IN THE SECOND DEGREE
   52  WHEN  BEING  EIGHTEEN YEARS OLD OR MORE, AND BEING A PARENT, GUARDIAN OR
   53  OTHER PERSON LEGALLY CHARGED WITH THE CUSTODY OF, OR LEGALLY RESPONSIBLE
   54  FOR THE CARE OF, A CHILD LESS THAN FOURTEEN YEARS OLD, OR BEING A PERSON
   55  IN A POSITION OF TRUST OF A CHILD LESS THAN FOURTEEN YEARS  OLD,  HE  OR
   56  SHE:
       A. 10026                            6
    1    1.  WITH  INTENT  TO  CAUSE  PHYSICAL INJURY TO ANOTHER PERSON, CAUSES
    2  PHYSICAL INJURY TO SUCH CHILD; OR
    3    2. RECKLESSLY ENGAGES IN CONDUCT WHICH CREATES A GRAVE RISK OF SERIOUS
    4  PHYSICAL  INJURY OR DEATH TO SUCH CHILD AND THEREBY CAUSES SERIOUS PHYS-
    5  ICAL INJURY TO SUCH CHILD; OR
    6    3. COMMITS THE CRIME OF AGGRAVATED ABUSE  OF  A  CHILD  IN  THE  THIRD
    7  DEGREE  AS  DEFINED IN SECTION 120.01 OF THIS ARTICLE AND PREVIOUSLY HAS
    8  BEEN CONVICTED OF A CHILD ABUSE OFFENSE.
    9    AGGRAVATED ABUSE OF A CHILD IN THE SECOND DEGREE IS A CLASS D FELONY.
   10  S 120.19-A AGGRAVATED ABUSE OF A CHILD IN THE FIRST DEGREE.
   11    A PERSON IS GUILTY OF AGGRAVATED ABUSE OF A CHILD IN THE FIRST  DEGREE
   12  WHEN  BEING  EIGHTEEN YEARS OLD OR MORE, AND BEING A PARENT, GUARDIAN OR
   13  OTHER PERSON LEGALLY CHARGED WITH THE CUSTODY OF, OR LEGALLY RESPONSIBLE
   14  FOR THE CARE OF, A CHILD LESS THAN FOURTEEN YEARS OLD, OR BEING A PERSON
   15  IN A POSITION OF TRUST OF A CHILD LESS THAN FOURTEEN YEARS  OLD,  HE  OR
   16  SHE:
   17    1.  WITH  INTENT  TO  CAUSE SERIOUS PHYSICAL INJURY TO ANOTHER PERSON,
   18  CAUSES SERIOUS PHYSICAL INJURY TO SUCH CHILD; OR
   19    2. RECKLESSLY ENGAGES IN VIOLENT SHAKING OF  SUCH  CHILD  AND  THEREBY
   20  CAUSES SERIOUS PHYSICAL INJURY TO SUCH CHILD AND SUCH CHILD IS LESS THAN
   21  FIVE YEARS OLD; OR
   22    3. RECKLESSLY ENGAGES IN CONDUCT WHICH CREATES A GRAVE RISK OF SERIOUS
   23  PHYSICAL  INJURY OR DEATH TO SUCH CHILD AND THEREBY CAUSES SERIOUS PHYS-
   24  ICAL INJURY TO SUCH CHILD, AND:
   25    (A) HAS PREVIOUSLY BEEN CONVICTED OF A CHILD ABUSE OFFENSE; OR
   26    (B) AS PART OF THE SAME TRANSACTION,  RECKLESSLY  ENGAGES  IN  CONDUCT
   27  WHICH CREATES A GRAVE RISK OF SERIOUS PHYSICAL INJURY OR DEATH TO ANOTH-
   28  ER  CHILD  LESS THAN FOURTEEN YEARS OLD AND THEREBY CAUSES SERIOUS PHYS-
   29  ICAL INJURY TO SUCH OTHER CHILD; OR
   30    (C) CAUSES SUCH INJURY BY  MEANS  OF  A  DEADLY  WEAPON  OR  DANGEROUS
   31  INSTRUMENT; OR
   32    (D)  ON  AT  LEAST  ONE  OTHER OCCASION, RECKLESSLY ENGAGED IN CONDUCT
   33  WHICH CREATED A GRAVE RISK OF SERIOUS PHYSICAL  INJURY  OR  DEATH  TO  A
   34  CHILD  LESS  THAN FOURTEEN YEARS OLD AND THEREBY CAUSED SERIOUS PHYSICAL
   35  INJURY TO SUCH CHILD.
   36    AGGRAVATED ABUSE OF A CHILD IN THE FIRST DEGREE IS A CLASS C FELONY.
   37    S 10. The penal law is amended by adding two new sections  125.23  and
   38  125.28 to read as follows:
   39  S 125.23 AGGRAVATED MANSLAUGHTER OF A CHILD.
   40    A  PERSON  IS GUILTY OF AGGRAVATED MANSLAUGHTER OF A CHILD WHEN, BEING
   41  EIGHTEEN YEARS OLD OR MORE, AND BEING A PARENT, GUARDIAN OR OTHER PERSON
   42  LEGALLY CHARGED WITH THE CUSTODY OF, OR LEGALLY RESPONSIBLE FOR THE CARE
   43  OF, A CHILD LESS THAN FOURTEEN YEARS OLD, OR BEING A PERSON IN  A  POSI-
   44  TION  OF  TRUST OF A CHILD LESS THAN FOURTEEN YEARS OLD, HE OR SHE RECK-
   45  LESSLY ENGAGES IN CONDUCT WHICH CREATES A GRAVE RISK OF SERIOUS PHYSICAL
   46  INJURY OR DEATH TO SUCH CHILD AND  THEREBY  CAUSES  THE  DEATH  OF  SUCH
   47  CHILD.
   48    AGGRAVATED MANSLAUGHTER OF A CHILD IS A CLASS B FELONY.
   49  S 125.28 AGGRAVATED MURDER OF A CHILD.
   50    A PERSON IS GUILTY OF AGGRAVATED MURDER OF A CHILD WHEN:
   51    1.  WITH INTENT TO CAUSE THE DEATH OF A CHILD LESS THAN FOURTEEN YEARS
   52  OLD, AND BEING EIGHTEEN YEARS OLD OR MORE, AND BEING THE PARENT, GUARDI-
   53  AN OR OTHER PERSON LEGALLY CHARGED  WITH  THE  CUSTODY  OF,  OR  LEGALLY
   54  RESPONSIBLE FOR THE CARE OF, SUCH CHILD, OR BEING A PERSON IN A POSITION
   55  OF  TRUST  OF A CHILD LESS THAN FOURTEEN YEARS OLD, HE OR SHE CAUSES THE
   56  DEATH OF SUCH CHILD; OR
       A. 10026                            7
    1    2. UNDER CIRCUMSTANCES EVINCING A DEPRAVED INDIFFERENCE TO HUMAN LIFE,
    2  AND BEING EIGHTEEN YEARS OLD OR MORE, AND BEING THE 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 RECKLESSLY ENGAGES IN CONDUCT WHICH CREATES A GRAVE RISK OF  SERIOUS
    7  PHYSICAL  INJURY  OR DEATH TO SUCH CHILD AND THEREBY CAUSES THE DEATH OF
    8  SUCH CHILD; OR
    9    3. BEING EIGHTEEN YEARS OLD OR MORE, WHILE IN THE COURSE OF COMMITTING
   10  RAPE IN THE FIRST, SECOND OR THIRD DEGREE, CRIMINAL SEXUAL  ACT  IN  THE
   11  FIRST,  SECOND  OR  THIRD  DEGREE, AGGRAVATED SEXUAL ABUSE IN THE FIRST,
   12  SECOND, THIRD OR FOURTH DEGREE, OR INCEST  AGAINST  A  CHILD  LESS  THAN
   13  FOURTEEN  YEARS  OLD,  HE  OR SHE INTENTIONALLY CAUSES THE DEATH OF SUCH
   14  CHILD.
   15    AGGRAVATED MURDER OF A CHILD IS A CLASS A-I FELONY.
   16    S 11. Subdivision 4 of section 125.25 of the penal law, as amended  by
   17  chapter 459 of the laws of 2004, is amended to read as follows:
   18    4. Under circumstances evincing a depraved indifference to human life,
   19  and being eighteen years old or more the defendant recklessly engages in
   20  conduct  which  creates a grave risk of serious physical injury or death
   21  to another person less than eleven years  old  and  thereby  causes  the
   22  death of such person[; or].
   23    S 12. Subdivision 5 of section 125.25 of the penal law is REPEALED.
   24    S  13.  Subparagraph (ix) of paragraph (a) of subdivision 1 of section
   25  125.27 of the penal law, as added by chapter 1 of the laws of  1995,  is
   26  amended to read as follows:
   27    (ix) prior to committing the killing, the defendant had been convicted
   28  of  murder  as defined in this section or section 125.25 of this article
   29  OR CONVICTED OF AGGRAVATED MURDER OF  A  CHILD  AS  DEFINED  IN  SECTION
   30  125.28 OF THIS ARTICLE, or had been convicted in another jurisdiction of
   31  an  offense  which,  if  committed  in  this  state,  would constitute a
   32  violation of [either of such] THE AFOREMENTIONED sections; or
   33    S 14. The penal law is amended by adding a new section 190.17 to  read
   34  as follows:
   35  S 190.17 OBSTRUCTING THE LOCATION OF A MISSING CHILD.
   36    A  PERSON    IS  GUILTY OF OBSTRUCTING THE LOCATION OF A MISSING CHILD
   37  WHEN HE OR SHE KNOWINGLY PROVIDES FALSE INFORMATION TO  LAW  ENFORCEMENT
   38  OFFICIALS  AS TO THE WHEREABOUTS OF A CHILD LESS THAN FOURTEEN YEARS OLD
   39  WHO HAS BEEN REPORTED MISSING, OR WHOSE WHEREABOUTS HAS BEEN UNKNOWN FOR
   40  MORE THAN TWENTY-FOUR HOURS.
   41    OBSTRUCTING THE LOCATION OF A MISSING CHILD IS A CLASS E FELONY.
   42    S 15. The penal law is amended by adding a new section 190.18 to  read
   43  as follows:
   44  S 190.18 CONCEALMENT OF A DEATH.
   45    A  PERSON IS GUILTY OF CONCEALMENT OF A DEATH WHEN HE OR SHE KNOWINGLY
   46  MOVES OR OTHERWISE CONCEALS A HUMAN CORPSE  SO  THAT  DISCOVERY  OF  THE
   47  DEATH OF SUCH PERSON WILL BE HINDERED.
   48    CONCEALMENT OF A DEATH IS A CLASS D FELONY.
   49    S  16. The penal law is amended by adding a new section 260.09 to read
   50  as follows:
   51  S 260.09 AGGRAVATED ENDANGERING THE WELFARE OF A CHILD.
   52    A PERSON IS GUILTY OF AGGRAVATED ENDANGERING THE WELFARE  OF  A  CHILD
   53  WHEN,  BEING EIGHTEEN YEARS OLD OR MORE, AND BEING A PARENT, GUARDIAN OR
   54  OTHER PERSON LEGALLY CHARGED WITH THE CUSTODY OF, OR LEGALLY RESPONSIBLE
   55  FOR THE CARE OF, A CHILD LESS THAN FOURTEEN YEARS OLD, OR BEING A PERSON
   56  IN A POSITION OF TRUST OF A CHILD LESS THEN FOURTEEN YEARS  OLD,  HE  OR
       A. 10026                            8
    1  SHE  KNOWINGLY  ACTS IN A MANNER LIKELY TO BE INJURIOUS TO THE PHYSICAL,
    2  MENTAL OR MORAL WELFARE OF SUCH CHILD, AND:
    3    1. PREVIOUSLY HAS BEEN CONVICTED OF A CHILD ABUSE OFFENSE; OR
    4    2.  SUCH  CONDUCT CONSISTS OF TWO OR MORE ACTS OF CRUELTY AGAINST SUCH
    5  CHILD. FOR PURPOSES OF THIS SUBDIVISION, "CRUELTY" MEANS  CONDUCT  WHICH
    6  (A)  CAUSES  EXTREME  PHYSICAL  PAIN,  OR (B) WHICH IS CARRIED OUT IN AN
    7  ESPECIALLY VICIOUS OR SADISTIC MANNER; OR
    8    3. SUCH CONDUCT CONSISTS OF FAILING TO REPORT TO LAW ENFORCEMENT  WHEN
    9  THE  WHEREABOUTS  OF SUCH CHILD HAS BEEN UNKNOWN BY SUCH PERSON FOR MORE
   10  THAN TWENTY-FOUR HOURS. FOR THE PURPOSES  OF  THIS  SECTION,  A  PARENT,
   11  GUARDIAN OR OTHER PERSON LEGALLY CHARGED WITH THE CUSTODY OF, OR LEGALLY
   12  RESPONSIBLE FOR THE CARE OF A CHILD UNDER THE AGE OF ELEVEN IS DEEMED TO
   13  BE  ACTING IN A MANNER LIKELY TO BE INJURIOUS TO THE PHYSICAL, MENTAL OR
   14  MORAL WELFARE OF SUCH CHILD IF SUCH CHILD'S WHEREABOUTS  IS  UNKNOWN  BY
   15  SUCH PERSON FOR MORE THAN TWENTY-FOUR HOURS.
   16    AGGRAVATED ENDANGERING THE WELFARE OF A CHILD IS A CLASS E FELONY.
   17    S  17. Paragraph (a) of subdivision 3 of section 30.30 of the criminal
   18  procedure law, as amended by chapter 93 of the laws of 2006, is  amended
   19  to read as follows:
   20    (a) Subdivisions one and two do not apply to a criminal action wherein
   21  the  defendant  is  accused  of  an  offense defined in sections 125.10,
   22  125.15, 125.20, 125.25, 125.26 [and], 125.27 AND  125.28  of  the  penal
   23  law.
   24    S  18.  Subdivision 1 of section 180.85 of the criminal procedure law,
   25  as amended by chapter 93 of the laws of 2006,  is  amended  to  read  as
   26  follows:
   27    1.  After  arraignment  of  a defendant upon a felony complaint, other
   28  than a felony complaint charging an offense defined in  section  125.10,
   29  125.15,  125.20,  125.23,  125.25,  125.26 [or], 125.27 OR 125.28 of the
   30  penal law, either party or the local criminal court  or  superior  court
   31  before  which  the  action  is  pending,  on its own motion, may move in
   32  accordance with the provisions of this section for an order  terminating
   33  prosecution of the charges contained in such felony complaint on consent
   34  of the parties.
   35    S 19. Paragraph (h) of subdivision 3 of section 190.25 of the criminal
   36  procedure law, as amended by chapter 405 of the laws of 2010, is amended
   37  to read as follows:
   38    (h)  A  social  worker,  rape  crisis counselor, psychologist or other
   39  professional providing emotional support to a child witness twelve years
   40  old or younger who is called to give evidence in a grand jury proceeding
   41  concerning a crime defined in article one  hundred  twenty-one,  article
   42  one  hundred  thirty, article two hundred sixty, section 120.01, 120.10,
   43  120.19,  120.19-A,  125.10,  125.15,  125.20,  125.23,  125.25,  125.26,
   44  125.27,  125.28,  255.25, 255.26 [or], 255.27 OR 260.09 of the penal law
   45  provided that the district attorney consents. Such support person  shall
   46  not  provide  the  witness  with  an answer to any question or otherwise
   47  participate in such proceeding and shall first take an oath  before  the
   48  grand jury that he or she will keep secret all matters before such grand
   49  jury within his or her knowledge.
   50    S 20. Paragraph (b) of subdivision 8 of section 700.05 of the criminal
   51  procedure law, as amended by chapter 405 of the laws of 2010, is amended
   52  to read as follows:
   53    (b)  Any  of  the  following felonies: assault in the second degree as
   54  defined in section 120.05 of the penal law, AGGRAVATED ABUSE OF A  CHILD
   55  IN  THE  THIRD  DEGREE  AS  DEFINED  IN SECTION 120.01 OF THE PENAL LAW,
   56  AGGRAVATED ABUSE OF A CHILD IN THE SECOND DEGREE AS DEFINED  IN  SECTION
       A. 10026                            9
    1  120.19 OF THE PENAL LAW, AGGRAVATED ABUSE OF A CHILD IN THE FIRST DEGREE
    2  AS  DEFINED  IN  SECTION 120.19-A OF THE PENAL LAW, assault in the first
    3  degree as defined in section 120.10 of the penal law, reckless endanger-
    4  ment  in the first degree as defined in section 120.25 of the penal law,
    5  promoting a suicide attempt as defined in section 120.30  of  the  penal
    6  law,  strangulation in the second degree as defined in section 121.12 of
    7  the penal law, strangulation in the first degree as defined  in  section
    8  121.13  of  the  penal  law, criminally negligent homicide as defined in
    9  section 125.10 of the penal law, manslaughter in the  second  degree  as
   10  defined  in  section  125.15 of the penal law, manslaughter in the first
   11  degree as defined  in  section  125.20  of  the  penal  law,  AGGRAVATED
   12  MANSLAUGHTER  OF  A CHILD AS DEFINED IN SECTION 125.23 OF THE PENAL LAW,
   13  murder in the second degree as defined in section 125.25  of  the  penal
   14  law,  murder  in  the  first  degree as defined in section 125.27 of the
   15  penal law, AGGRAVATED MURDER OF A CHILD AS DEFINED IN SECTION 125.28  OF
   16  THE  PENAL  LAW,  abortion  in  the  second degree as defined in section
   17  125.40 of the penal law, abortion in the  first  degree  as  defined  in
   18  section  125.45 of the penal law, rape in the third degree as defined in
   19  section 130.25 of the penal law, rape in the second degree as defined in
   20  section 130.30 of the penal law, rape in the first degree as defined  in
   21  section 130.35 of the penal law, criminal sexual act in the third degree
   22  as  defined  in  section 130.40 of the penal law, criminal sexual act in
   23  the second degree as defined in section 130.45 of the penal law,  crimi-
   24  nal  sexual  act in the first degree as defined in section 130.50 of the
   25  penal law, sexual abuse in the first degree as defined in section 130.65
   26  of the penal law, unlawful imprisonment in the first degree  as  defined
   27  in  section  135.10 of the penal law, kidnapping in the second degree as
   28  defined in section 135.20 of the penal  law,  kidnapping  in  the  first
   29  degree  as defined in section 135.25 of the penal law, labor trafficking
   30  as defined in section 135.35 of the penal law, custodial interference in
   31  the first degree as defined in section 135.50 of the penal law, coercion
   32  in the first degree as defined in section 135.65 of the penal law, crim-
   33  inal trespass in the first degree as defined in section  140.17  of  the
   34  penal  law, burglary in the third degree as defined in section 140.20 of
   35  the penal law, burglary in the  second  degree  as  defined  in  section
   36  140.25  of  the  penal  law,  burglary in the first degree as defined in
   37  section 140.30 of the penal law, criminal mischief in the  third  degree
   38  as  defined in section 145.05 of the penal law, criminal mischief in the
   39  second degree as defined in section 145.10 of the  penal  law,  criminal
   40  mischief  in  the first degree as defined in section 145.12 of the penal
   41  law, criminal tampering in the first degree as defined in section 145.20
   42  of the penal law, arson in the  fourth  degree  as  defined  in  section
   43  150.05 of the penal law, arson in the third degree as defined in section
   44  150.10  of  the  penal  law,  arson  in  the second degree as defined in
   45  section 150.15 of the penal law, arson in the first degree as defined in
   46  section 150.20 of the penal law, grand larceny in the fourth  degree  as
   47  defined  in  section 155.30 of the penal law, grand larceny in the third
   48  degree as defined in section 155.35 of the penal law, grand  larceny  in
   49  the  second  degree as defined in section 155.40 of the penal law, grand
   50  larceny in the first degree as defined in section 155.42  of  the  penal
   51  law, health care fraud in the fourth degree as defined in section 177.10
   52  of  the  penal  law, health care fraud in the third degree as defined in
   53  section 177.15 of the penal law, health care fraud in the second  degree
   54  as  defined in section 177.20 of the penal law, health care fraud in the
   55  first degree as defined in section 177.25 of the penal law,  robbery  in
   56  the  third degree as defined in section 160.05 of the penal law, robbery
       A. 10026                           10
    1  in the second degree as defined in section  160.10  of  the  penal  law,
    2  robbery  in  the  first degree as defined in section 160.15 of the penal
    3  law, unlawful use of secret scientific material as  defined  in  section
    4  165.07  of  the penal law, criminal possession of stolen property in the
    5  fourth degree as defined in section 165.45 of the  penal  law,  criminal
    6  possession  of stolen property in the third degree as defined in section
    7  165.50 of the penal law, criminal possession of stolen property  in  the
    8  second  degree  as  defined by section 165.52 of the penal law, criminal
    9  possession of stolen property in the first degree as defined by  section
   10  165.54  of  the penal law, trademark counterfeiting in the second degree
   11  as defined in section 165.72 of the penal law, trademark  counterfeiting
   12  in  the  first  degree  as  defined  in section 165.73 of the penal law,
   13  forgery in the second degree as defined in section 170.10 of  the  penal
   14  law,  forgery  in  the  first degree as defined in section 170.15 of the
   15  penal law, criminal possession of a  forged  instrument  in  the  second
   16  degree  as  defined  in  section  170.25  of  the  penal  law,  criminal
   17  possession of a forged instrument in the  first  degree  as  defined  in
   18  section  170.30 of the penal law, criminal possession of forgery devices
   19  as defined in section 170.40  of  the  penal  law,  falsifying  business
   20  records  in  the  first degree as defined in section 175.10 of the penal
   21  law, tampering with public records in the first  degree  as  defined  in
   22  section  175.25 of the penal law, offering a false instrument for filing
   23  in the first degree as defined in section 175.35 of the penal law, issu-
   24  ing a false certificate as defined in section 175.40 of the  penal  law,
   25  criminal  diversion of prescription medications and prescriptions in the
   26  second degree as defined in section 178.20 of the  penal  law,  criminal
   27  diversion  of  prescription  medications  and prescriptions in the first
   28  degree as defined in section 178.25 of the penal law, residential  mort-
   29  gage  fraud  in  the  fourth  degree as defined in section 187.10 of the
   30  penal law, residential mortgage fraud in the third degree as defined  in
   31  section  187.15  of  the  penal  law,  residential mortgage fraud in the
   32  second degree as defined in section 187.20 of the penal law, residential
   33  mortgage fraud in the first degree as defined in section 187.25  of  the
   34  penal  law,  escape in the second degree as defined in section 205.10 of
   35  the penal law, escape in the first degree as defined in  section  205.15
   36  of  the penal law, absconding from temporary release in the first degree
   37  as defined in section 205.17 of the penal law, promoting prison  contra-
   38  band  in the first degree as defined in section 205.25 of the penal law,
   39  hindering prosecution in the second degree as defined in section  205.60
   40  of  the  penal law, hindering prosecution in the first degree as defined
   41  in section 205.65 of the  penal  law,  sex  trafficking  as  defined  in
   42  section  230.34 of the penal law, criminal possession of a weapon in the
   43  third degree as defined in subdivisions two, three and five  of  section
   44  265.02  of  the penal law, criminal possession of a weapon in the second
   45  degree  as  defined  in  section  265.03  of  the  penal  law,  criminal
   46  possession  of a weapon in the first degree as defined in section 265.04
   47  of the penal law, manufacture, transport, disposition and defacement  of
   48  weapons  and dangerous instruments and appliances defined as felonies in
   49  subdivisions one, two, and three of section 265.10  of  the  penal  law,
   50  sections  265.11,  265.12 and 265.13 of the penal law, or prohibited use
   51  of weapons as defined in subdivision two of section 265.35 of the  penal
   52  law,  relating  to  firearms  and other dangerous weapons, or failure to
   53  disclose the origin of a recording in the first  degree  as  defined  in
   54  section 275.40 of the penal law;
       A. 10026                           11
    1    S  21. Paragraph (a) of subdivision 4 of section 509-cc of the vehicle
    2  and traffic law, as amended by chapter 400  of  the  laws  of  2011,  is
    3  amended to read as follows:
    4    (a)  The offenses referred to in subparagraph (ii) of paragraph (a) of
    5  subdivision one and paragraph (a) of subdivision  two  of  this  section
    6  that  result  in  permanent  disqualification shall include a conviction
    7  under sections 125.12, 125.13, 125.14, 125.15, 125.20,  125.21,  125.22,
    8  125.25,  125.26, 125.27, 130.30, 130.35, 130.45, 130.50, 130.65, 130.66,
    9  130.67, 130.70, 130.75, 130.80, 130.90, 130.95, 130.96, 135.25,  150.20,
   10  230.30,  230.32,  230.34, 235.22, 263.05, 263.10, 263.11, 263.15, 263.16
   11  of the penal law or an attempt to commit any of the  aforesaid  offenses
   12  under  section  110.00  of  the  penal  law, OR A CHILD ABUSE OFFENSE AS
   13  DEFINED IN SUBDIVISION TWENTY-THREE OF SECTION 10.00 OF THE  PENAL  LAW,
   14  or  any offenses committed under a former section of the penal law which
   15  would constitute violations of the aforesaid sections of the penal  law,
   16  or  any  offenses  committed  outside  this state which would constitute
   17  violations of the aforesaid sections of the penal law.
   18    S 22. Section 4-1.6 of the estates, powers and trusts law, as added by
   19  chapter 481 of the laws of 1994, is amended to read as follows:
   20  S 4-1.6 Disqualification of joint tenant in certain instances
   21    Notwithstanding any other provision of law to the  contrary,  a  joint
   22  tenant  convicted  of  murder in the second degree as defined in section
   23  125.25 of the penal law or murder in the  first  degree  as  defined  in
   24  section  125.27  of  the  penal  law  OR AGGRAVATED MURDER OF A CHILD AS
   25  DEFINED IN SECTION 125.28 OF THE PENAL LAW of another joint tenant shall
   26  not be entitled to the distribution  of  any  monies  in  a  joint  bank
   27  account  created  or contributed to by the deceased joint tenant, except
   28  for those monies contributed by the convicted joint tenant.
   29    Upon the conviction of such joint tenant of  first  or  second  degree
   30  murder  and  upon application by the prosecuting attorney, the court, as
   31  part of its sentence, shall issue an order directing the amount  of  any
   32  joint  bank account to be distributed pursuant to the provisions of this
   33  section from the convicted  joint  tenant  and  to  the  deceased  joint
   34  tenant's  estate. The court and the prosecuting attorney shall each have
   35  the power to subpoena records of a banking institution to determine  the
   36  amount of money in such bank account and by whom deposits were made. The
   37  court  shall also have the power to freeze such account upon application
   38  by the prosecuting attorney during the pendency of a trial for first  or
   39  second degree murder. If, upon receipt of such court orders described in
   40  this  section,  the  banking  institution  holding  monies in such joint
   41  account complies with the terms of the order, such  banking  institution
   42  shall be held free from all liability for the distribution of such funds
   43  as  were in such joint account. In the absence of actual or constructive
   44  notice of such order, the banking institution  holding  monies  in  such
   45  account  shall  be held harmless for distributing the money according to
   46  its ordinary course of business.
   47    For purposes of this section, the term banking institution shall  have
   48  the  same  meaning as provided for in paragraph (b) of subdivision three
   49  of section nine-f of the banking law.
   50    S 23. Subparagraph 2 of paragraph (b)  of  subdivision  3  of  section
   51  358-a  of  the social services law, as added by chapter 7 of the laws of
   52  1999, is amended to read as follows:
   53    (2) the parent of such child has  been  convicted  of  (i)  AGGRAVATED
   54  MANSLAUGHTER  OF  A  CHILD  AS  DEFINED  IN SECTION 125.23 OR AGGRAVATED
   55  MURDER OF A CHILD AS DEFINED IN SECTION 125.28 OR murder  in  the  first
   56  degree  as  defined  in section 125.27 or murder in the second degree as
       A. 10026                           12
    1  defined in section 125.25 of the penal law and the  victim  was  another
    2  child of the parent; or (ii) manslaughter in the first degree as defined
    3  in  section  125.20  or  manslaughter in the second degree as defined in
    4  section  125.15 of the penal law and the victim was another child of the
    5  parent, provided, however, that the parent must have  acted  voluntarily
    6  in committing such crime;
    7    S 24. Clause (A) of subparagraph (iii) of paragraph (a) of subdivision
    8  8 of section 384-b of the social services law, as amended by chapter 460
    9  of the laws of 2006, is amended to read as follows:
   10    (A)  the  parent  of  such  child  has  been  convicted  of AGGRAVATED
   11  MANSLAUGHTER OF A CHILD AS DEFINED IN SECTION 125.23, AGGRAVATED  MURDER
   12  OF  A  CHILD AS DEFINED IN SECTION 125.28, murder in the first degree as
   13  defined in section 125.27, murder in the second  degree  as  defined  in
   14  section  125.25,  manslaughter in the first degree as defined in section
   15  125.20, or manslaughter in the  second  degree  as  defined  in  section
   16  125.15  OF  THE  PENAL LAW, and the victim of any such crime was another
   17  child of the parent or another child for whose care such  parent  is  or
   18  has  been  legally  responsible as defined in subdivision (g) of section
   19  one thousand twelve of the family court act, or another  parent  of  the
   20  child,  unless  the convicted parent was a victim of physical, sexual or
   21  psychological abuse by the decedent parent and such abuse was  a  factor
   22  in  causing  the homicide; or has been convicted of an attempt to commit
   23  any of the foregoing crimes, and the victim or intended victim  was  the
   24  child  or  another  child  of the parent or another child for whose care
   25  such parent is or has been legally responsible as defined in subdivision
   26  (g) of section one thousand twelve of the family court act,  or  another
   27  parent  of  the child, unless the convicted parent was a victim of phys-
   28  ical, sexual or psychological abuse by  the  decedent  parent  and  such
   29  abuse was a factor in causing the attempted homicide;
   30    S  25.  This  act shall take effect on the sixtieth day after it shall
   31  have become a law.