S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6302
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 25, 2013
                                      ___________
       Introduced  by M. of A. GABRYSZAK, GUNTHER, JAFFEE, PAULIN, ROSENTHAL --
         Multi-Sponsored by -- M. of  A.  BARCLAY,  BRENNAN,  CROUCH,  KELLNER,
         MARKEY,  RAIA,  SWEENEY,  WEISENBERG  -- read once and referred to the
         Committee on Codes
       AN ACT to amend the penal law, the criminal procedure  law,  the  family
         court  act,  the  general  business  law, the labor law and the social
         services law, in relation to strangulation
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision  13  of  section  10.00  of the penal law, as
    2  amended by chapter 791 of the laws  of  1967,  is  amended  to  read  as
    3  follows:
    4    13.  "Dangerous  instrument"  means:  (I)  any  instrument, article or
    5  substance, including a  "vehicle"  as  that  term  is  defined  in  this
    6  section,  which,  under the circumstances in which it is used, attempted
    7  to be used or threatened to be used, is readily capable of causing death
    8  or other serious physical injury; OR (II) HANDS OR  OTHER  OBJECTS  WHEN
    9  USED  TO  IMPEDE  NORMAL  BREATHING  OR CIRCULATION OF BLOOD BY APPLYING
   10  PRESSURE ON THE THROAT OR NECK OR OBSTRUCTING THE NOSE OR MOUTH.
   11    S 2.  Subdivision 42 of section 1.20 of the criminal procedure law, as
   12  amended by chapter 7 of the laws of 2007, is amended to read as follows:
   13    42. "Juvenile offender" means (1) a person, thirteen years old who  is
   14  criminally responsible for acts constituting murder in the second degree
   15  as  defined  in  subdivisions one and two of section 125.25 of the penal
   16  law, or such conduct as a sexually motivated  felony,  where  authorized
   17  pursuant  to  section 130.91 of the penal law; and (2) a person fourteen
   18  or fifteen years old who is criminally responsible for acts constituting
   19  the crimes defined in subdivisions one and two of section 125.25 (murder
   20  in the second degree) and in subdivision three of such section  provided
   21  that  the  underlying  crime for the murder charge is one for which such
   22  person is criminally responsible;  section  135.25  (kidnapping  in  the
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09860-01-3
       A. 6302                             2
    1  first  degree); 150.20 (arson in the first degree); subdivisions one and
    2  two of section 120.10 (assault in  the  first  degree);  SECTION  121.13
    3  (STRANGULATION  IN  THE  FIRST DEGREE); SECTION 121.12 (STRANGULATION IN
    4  THE  SECOND DEGREE); 125.20 (manslaughter in the first degree); subdivi-
    5  sions one and two of section 130.35 (rape in the first degree); subdivi-
    6  sions one and two of section 130.50 (criminal sexual act  in  the  first
    7  degree);  130.70  (aggravated  sexual abuse in the first degree); 140.30
    8  (burglary in the  first  degree);  subdivision  one  of  section  140.25
    9  (burglary  in  the  second degree); 150.15 (arson in the second degree);
   10  160.15 (robbery in the first degree); subdivision two of section  160.10
   11  (robbery  in  the  second degree) of the penal law; or section 265.03 of
   12  the penal law, where such machine gun or such firearm  is  possessed  on
   13  school  grounds,  as  that  phrase is defined in subdivision fourteen of
   14  section 220.00 of the penal law; or defined  in  the  penal  law  as  an
   15  attempt to commit murder in the second degree or kidnapping in the first
   16  degree, or such conduct as a sexually motivated felony, where authorized
   17  pursuant to section 130.91 of the penal law.
   18    S  3. Subdivision (a) of section 190.71 of the criminal procedure law,
   19  as amended by chapter 7 of the laws of  2007,  is  amended  to  read  as
   20  follows:
   21    (a)  Except  as  provided in subdivision six of section 200.20 of this
   22  chapter, a grand jury may not indict (i) a person thirteen years of  age
   23  for any conduct or crime other than conduct constituting a crime defined
   24  in  subdivisions  one  and  two  of section 125.25 (murder in the second
   25  degree) or such conduct as a sexually motivated felony, where authorized
   26  pursuant to section 130.91 of the penal law; (ii) a person  fourteen  or
   27  fifteen years of age for any conduct or crime other than conduct consti-
   28  tuting  a  crime  defined  in subdivisions one and two of section 125.25
   29  (murder in the second degree) and in subdivision three of  such  section
   30  provided  that  the  underlying  crime  for the murder charge is one for
   31  which such person is criminally responsible; 135.25 (kidnapping  in  the
   32  first  degree); 150.20 (arson in the first degree); subdivisions one and
   33  two of section 120.10 (assault in  the  first  degree);  SECTION  121.13
   34  (STRANGULATION  IN  THE FIRST DEGREE); SUBDIVISION 121.12 (STRANGULATION
   35  IN THE SECOND DEGREE); 125.20 (manslaughter in the first degree); subdi-
   36  visions one and two of section 130.35 (rape in the first degree); subdi-
   37  visions one and two of section 130.50 (criminal sexual act in the  first
   38  degree);  130.70  (aggravated  sexual abuse in the first degree); 140.30
   39  (burglary in the  first  degree);  subdivision  one  of  section  140.25
   40  (burglary  in  the  second degree); 150.15 (arson in the second degree);
   41  160.15 (robbery in the first degree); subdivision two of section  160.10
   42  (robbery  in  the  second  degree) of the penal law; subdivision four of
   43  section 265.02 of the penal law, where  such  firearm  is  possessed  on
   44  school  grounds,  as  that  phrase is defined in subdivision fourteen of
   45  section 220.00 of the penal law; or section 265.03  of  the  penal  law,
   46  where  such  machine gun or such firearm is possessed on school grounds,
   47  as that phrase is defined in subdivision fourteen of section  220.00  of
   48  the  penal  law;  or  defined  in  the penal law as an attempt to commit
   49  murder in the second degree or kidnapping in the first degree,  or  such
   50  conduct  as  a  sexually  motivated felony, where authorized pursuant to
   51  section 130.91 of the penal law.
   52    S 4. Subdivision (b) of section  117  of  the  family  court  act,  as
   53  amended by chapter 7 of the laws of 2007, is amended to read as follows:
   54    (b)  For  every  juvenile  delinquency  proceeding under article three
   55  involving an allegation of an act committed by a person which,  if  done
   56  by  an adult, would be a crime (i) defined in sections 125.27 (murder in
       A. 6302                             3
    1  the first degree); 125.25 (murder in the second degree); 135.25 (kidnap-
    2  ping in the first degree); or 150.20 (arson in the first degree) of  the
    3  penal  law  committed by a person thirteen, fourteen or fifteen years of
    4  age;  or  such  conduct  committed as a sexually motivated felony, where
    5  authorized pursuant to section 130.91 of the penal law; (ii) defined  in
    6  sections  120.10 (assault in the first degree); 121.13 (STRANGULATION IN
    7  THE FIRST DEGREE); 121.12 (STRANGULATION IN THE SECOND  DEGREE);  125.20
    8  (manslaughter  in  the first degree); 130.35 (rape in the first degree);
    9  130.50 ( criminal sexual act in the first degree); 135.20 (kidnapping in
   10  the second degree), but only where the abduction  involved  the  use  or
   11  threat  of  use  of  deadly  physical force; 150.15 (arson in the second
   12  degree); or 160.15 (robbery in  the  first  degree)  of  the  penal  law
   13  committed  by  a  person  thirteen, fourteen or fifteen years of age; or
   14  such conduct committed as a sexually motivated felony, where  authorized
   15  pursuant  to section 130.91 of the penal law; (iii) defined in the penal
   16  law as an attempt to commit murder in the  first  or  second  degree  or
   17  kidnapping  in the first degree committed by a person thirteen, fourteen
   18  or fifteen years of age; or such conduct committed as a  sexually  moti-
   19  vated  felony,  where authorized pursuant to section 130.91 of the penal
   20  law; (iv) defined in section 140.30  (burglary  in  the  first  degree);
   21  subdivision  one  of  section  140.25  (burglary  in the second degree);
   22  subdivision two of section 160.10 (robbery in the second degree) of  the
   23  penal law; or section 265.03 of the penal law, where such machine gun or
   24  such  firearm  is possessed on school grounds, as that phrase is defined
   25  in subdivision fourteen of section 220.00 of the penal law committed  by
   26  a  person fourteen or fifteen years of age; or such conduct committed as
   27  a sexually motivated felony, where authorized pursuant to section 130.91
   28  of the penal law; (v) defined in section 120.05 (assault in  the  second
   29  degree)  or  160.10  (robbery  in  the  second  degree) of the penal law
   30  committed by a person fourteen or fifteen years of age  but  only  where
   31  there has been a prior finding by a court that such person has previous-
   32  ly  committed an act which, if committed by an adult, would be the crime
   33  of assault in the second degree, robbery in the  second  degree  or  any
   34  designated  felony  act  specified  in clause (i), (ii) or (iii) of this
   35  subdivision regardless of the age of such person  at  the  time  of  the
   36  commission of the prior act; or (vi) other than a misdemeanor, committed
   37  by  a person at least seven but less than sixteen years of age, but only
   38  where there has been two prior findings by the court  that  such  person
   39  has  committed  a  prior  act which, if committed by an adult would be a
   40  felony:
   41    (i) There is hereby established in the family court in the city of New
   42  York at least one "designated felony act part." Such part or parts shall
   43  be held separate from all other proceedings of the court, and shall have
   44  jurisdiction over all proceedings involving such an allegation. All such
   45  proceedings shall be originated in or be transferred to this  part  from
   46  other parts as they are made known to the court.
   47    (ii)  Outside  the city of New York, all proceedings involving such an
   48  allegation shall have a hearing preference over every  other  proceeding
   49  in the court, except proceedings under article ten.
   50    S  5.  Subdivision  8  of  section  301.2  of the family court act, as
   51  amended by chapter 7 of the laws of 2007, is amended to read as follows:
   52    8. "Designated felony act" means an act which, if done  by  an  adult,
   53  would  be  a  crime: (i) defined in sections 125.27 (murder in the first
   54  degree); 125.25 (murder in the second degree); 135.25 (kidnapping in the
   55  first degree); or 150.20 (arson in the first degree) of  the  penal  law
   56  committed  by  a  person  thirteen, fourteen or fifteen years of age; or
       A. 6302                             4
    1  such conduct committed as a sexually motivated felony, where  authorized
    2  pursuant  to  section  130.91 of the penal law; (ii) defined in sections
    3  120.10 (assault in the first degree); 121.13 (STRANGULATION IN THE FIRST
    4  DEGREE);   121.12   (STRANGULATION   IN   THE   SECOND  DEGREE);  125.20
    5  (manslaughter in the first degree); 130.35 (rape in the  first  degree);
    6  130.50  (criminal  sexual  act  in the first degree); 130.70 (aggravated
    7  sexual abuse in the first degree);  135.20  (kidnapping  in  the  second
    8  degree)  but  only where the abduction involved the use or threat of use
    9  of deadly physical force; 150.15 (arson in the second degree) or  160.15
   10  (robbery  in  the  first  degree) of the penal law committed by a person
   11  thirteen, fourteen or fifteen years of age; or such conduct committed as
   12  a sexually motivated felony, where authorized pursuant to section 130.91
   13  of the penal law; (iii) defined in the penal law as an attempt to commit
   14  murder in the first or second degree or kidnapping in the  first  degree
   15  committed  by  a  person  thirteen, fourteen or fifteen years of age; or
   16  such conduct committed as a sexually motivated felony, where  authorized
   17  pursuant  to  section  130.91  of the penal law; (iv) defined in section
   18  140.30 (burglary in the first degree); subdivision one of section 140.25
   19  (burglary in the second  degree);  subdivision  two  of  section  160.10
   20  (robbery  in  the  second degree) of the penal law; or section 265.03 of
   21  the penal law, where such machine gun or such firearm  is  possessed  on
   22  school  grounds,  as  that  phrase is defined in subdivision fourteen of
   23  section 220.00 of the penal  law  committed  by  a  person  fourteen  or
   24  fifteen  years of age; or such conduct committed as a sexually motivated
   25  felony, where authorized pursuant to section 130.91 of  the  penal  law;
   26  (v)  defined  in section 120.05 (assault in the second degree) or 160.10
   27  (robbery in the second degree) of the penal law committed  by  a  person
   28  fourteen  or  fifteen years of age but only where there has been a prior
   29  finding by a court that such person  has  previously  committed  an  act
   30  which,  if  committed  by an adult, would be the crime of assault in the
   31  second degree, robbery in the second degree or any designated felony act
   32  specified in paragraph (i), (ii), or (iii) of this  subdivision  regard-
   33  less  of  the  age  of  such person at the time of the commission of the
   34  prior act; or (vi) other than a misdemeanor committed  by  a  person  at
   35  least seven but less than sixteen years of age, but only where there has
   36  been  two  prior  findings by the court that such person has committed a
   37  prior felony.
   38    S 6. Subparagraph 4 of paragraph (c) of subdivision 2 of section 352.2
   39  of the family court act, as added by chapter 7 of the laws of  1999,  is
   40  amended to read as follows:
   41    (4) the parent of such respondent has been convicted of assault in the
   42  second  degree as defined in section 120.05, assault in the first degree
   43  as defined in section 120.10 [or], aggravated assault upon a person less
   44  than eleven years old as defined in section 120.12 OR  STRANGULATION  AS
   45  DEFINED  IN SECTIONS 121.12 AND 121.13 of the penal law, and the commis-
   46  sion of one of the foregoing crimes  resulted in serious physical injury
   47  to the respondent or another child of the parent;
   48    S 7. Subparagraph (iv) of paragraph (b) of subdivision  2  of  section
   49  754  of the family court act, as added by chapter 7 of the laws of 1999,
   50  is amended to read as follows:
   51    (iv) the parent of such child has been convicted  of  assault  in  the
   52  second  degree as defined in section 120.05, assault in the first degree
   53  as defined in section 120.10 [or], aggravated assault upon a person less
   54  than eleven years old as defined in section 120.12 OR  STRANGULATION  AS
   55  DEFINED  IN SECTIONS 121.12 AND 121.13 of the penal law, and the commis-
       A. 6302                             5
    1  sion of one of the foregoing crimes resulted in serious physical  injury
    2  to the child or another child of the parent;
    3    S  8.  Paragraph  4 of subdivision (b) of section 1039-b of the family
    4  court act, as added by chapter 7 of the laws of 1999, is amended to read
    5  as follows:
    6    (4) the parent of such child has been  convicted  of  assault  in  the
    7  second  degree as defined in section 120.05, assault in the first degree
    8  as defined in section 120.10 [or], aggravated assault upon a person less
    9  than eleven years old as defined in section 120.12 OR  STRANGULATION  AS
   10  DEFINED  IN SECTIONS 121.12 AND 121.13 of the penal law, and the commis-
   11  sion of one of the foregoing crimes resulted in serious physical  injury
   12  to the child or another child of the parent;
   13    S  9. Clause 4 of subparagraph (A) of paragraph (i) of subdivision (b)
   14  of section 1052 of the family court act, as amended by chapter 7 of  the
   15  laws of 1999, is amended to read as follows:
   16    (4)  the  parent  of  such  child has been convicted of assault in the
   17  second degree as defined in section 120.05, assault in the first  degree
   18  as defined in section 120.10 [or], aggravated assault upon a person less
   19  than  eleven  years old as defined in section 120.12 OR STRANGULATION AS
   20  DEFINED IN SECTIONS 121.12 AND 121.13 of the penal law, and the  commis-
   21  sion  of one of the foregoing crimes resulted in serious physical injury
   22  to the child or another child of the parent;
   23    S 10. Paragraph f of subdivision 1 of section 410 of the general busi-
   24  ness law, as added by chapter 509 of the laws of  1992,  is  amended  to
   25  read as follows:
   26    f.  Conviction  of any of the following crimes subsequent to the issu-
   27  ance of a license pursuant to this article:  fraud pursuant to  sections
   28  170.10,  170.15,  176.15,  176.20, 176.25, 176.30 and 190.65; falsifying
   29  business records pursuant to section 175.10; grand larceny  pursuant  to
   30  article  [155]  ONE  HUNDRED  FIFTY-FIVE;  bribery  pursuant to sections
   31  180.03, 180.08, 180.15, 180.25, 200.00, 200.03, 200.04, 200.10,  200.11,
   32  200.12,  200.45,  200.50;  perjury  pursuant to sections 210.10, 210.15,
   33  210.40; assault pursuant to sections  120.05,  120.10,  120.11,  120.12;
   34  STRANGULATION  PURSUANT  TO SECTIONS 121.12 AND 121.13; robbery pursuant
   35  to article [160] ONE HUNDRED SIXTY; homicide pursuant to sections 125.25
   36  and 125.27; manslaughter pursuant to sections 125.15 and 125.20; kidnap-
   37  ping and unlawful imprisonment pursuant to sections 135.10,  135.20  and
   38  135.25;  unlawful weapons possession pursuant to sections 265.02, 265.03
   39  and 265.04; criminal use of a weapon pursuant  to  sections  265.08  and
   40  265.09;  criminal  sale  of  a  weapon  pursuant  to sections 265.11 and
   41  265.12; and sex offenses pursuant to article [130] ONE HUNDRED THIRTY of
   42  the penal law. Provided, however, that for the purposes of this article,
   43  none of the  following  shall  be  considered  criminal  convictions  or
   44  reported  as  such:  (i)  a conviction for which an executive pardon has
   45  been issued pursuant to the executive law; (ii) a conviction  which  has
   46  been  vacated  and  replaced  by a youthful offender finding pursuant to
   47  article seven hundred twenty of  the  criminal  procedure  law,  or  the
   48  applicable  provisions  of  law  of  any  other jurisdiction; or (iii) a
   49  conviction the records of which have been expunged or sealed pursuant to
   50  the applicable provisions of the laws of this  state  or  of  any  other
   51  jurisdiction; and (iv) a conviction for which other evidence of success-
   52  ful rehabilitation to remove the disability has been issued.
   53    S  11. Clause (v) of subparagraph 2 of paragraph b of subdivision 3 of
   54  section 220-b of the labor law, as amended by chapter 7 of the  laws  of
   55  2008, is amended to read as follows:
       A. 6302                             6
    1    (v)  assault  in the second degree as defined in section 120.05 of the
    2  penal law, assault in the first degree as defined in section  120.10  of
    3  the  penal  law, reckless endangerment in the first degree as defined in
    4  section 120.25 of the penal law, STRANGULATION AS  DEFINED  IN  SECTIONS
    5  121.12  AND  121.13  OF  THE PENAL LAW, criminally negligent homicide as
    6  defined in section 125.10 of the penal law, manslaughter in  the  second
    7  degree  as  defined  in section 125.15 of the penal law, manslaughter in
    8  the first degree as defined in section  125.20  of  the  penal  law  and
    9  murder  in  the  second degree as defined in section 125.25 of the penal
   10  law, provided that the victim was an employee of such person  or  corpo-
   11  ration  and  further  provided  that  such offense arose from actions or
   12  matters related to the protection of the health or safety  of  employees
   13  at a work site;
   14    S 12. Paragraph 2 of subdivision 18 of section 10.00 of the penal law,
   15  as  amended  by  chapter  7  of  the laws of 2007, is amended to read as
   16  follows:
   17    (2) a person fourteen or fifteen years old who is criminally responsi-
   18  ble for acts constituting the crimes defined in subdivisions one and two
   19  of section 125.25 (murder in the second degree) and in subdivision three
   20  of such section provided that the underlying crime for the murder charge
   21  is one for which such person is criminally responsible;  section  135.25
   22  (kidnapping  in  the  first degree); 150.20 (arson in the first degree);
   23  subdivisions one and  two  of  section  120.10  (assault  in  the  first
   24  degree);  121.13 (STRANGULATION IN THE FIRST DEGREE); 121.12 (STRANGULA-
   25  TION IN THE SECOND DEGREE); 125.20 (manslaughter in the  first  degree);
   26  subdivisions  one  and two of section 130.35 (rape in the first degree);
   27  subdivisions one and two of section 130.50 (criminal sexual act  in  the
   28  first  degree);  130.70  (aggravated  sexual abuse in the first degree);
   29  140.30 (burglary in the first degree); subdivision one of section 140.25
   30  (burglary in the second degree); 150.15 (arson in  the  second  degree);
   31  160.15  (robbery in the first degree); subdivision two of section 160.10
   32  (robbery in the second degree) of this chapter;  or  section  265.03  of
   33  this  chapter,  where  such  machine gun or such firearm is possessed on
   34  school grounds, as that phrase is defined  in  subdivision  fourteen  of
   35  section 220.00 of this chapter; or defined in this chapter as an attempt
   36  to commit murder in the second degree or kidnapping in the first degree,
   37  or  such conduct as a sexually motivated felony, where authorized pursu-
   38  ant to section 130.91 of the penal law.
   39    S 13. Subdivision 2 of section 30.00 of the penal law, as  amended  by
   40  chapter 7 of the laws of 2007, is amended to read as follows:
   41    2.  A  person thirteen, fourteen or fifteen years of age is criminally
   42  responsible for acts constituting murder in the second degree as defined
   43  in subdivisions one and two of section 125.25 and in  subdivision  three
   44  of such section provided that the underlying crime for the murder charge
   45  is  one  for  which  such  person  is criminally responsible or for such
   46  conduct as a sexually motivated felony,  where  authorized  pursuant  to
   47  section  130.91 of the penal law; and a person fourteen or fifteen years
   48  of age is  criminally  responsible  for  acts  constituting  the  crimes
   49  defined  in  section  135.25  (kidnapping  in  the first degree); 150.20
   50  (arson in the first degree); subdivisions one and two of section  120.10
   51  (assault  in  the  first  degree);  121.13  (STRANGULATION  IN THE FIRST
   52  DEGREE);  121.12  (STRANGULATION   IN   THE   SECOND   DEGREE);   125.20
   53  (manslaughter  in the first degree); subdivisions one and two of section
   54  130.35 (rape in the first degree); subdivisions one and two  of  section
   55  130.50  (criminal  sexual  act  in the first degree); 130.70 (aggravated
   56  sexual abuse in  the  first  degree);  140.30  (burglary  in  the  first
       A. 6302                             7
    1  degree);  subdivision  one  of  section  140.25  (burglary in the second
    2  degree); 150.15 (arson in the second degree);  160.15  (robbery  in  the
    3  first  degree); subdivision two of section 160.10 (robbery in the second
    4  degree)  of  this chapter; or section 265.03 of this chapter, where such
    5  machine gun or such firearm is possessed  on  school  grounds,  as  that
    6  phrase  is  defined  in  subdivision  fourteen of section 220.00 of this
    7  chapter; or defined in this chapter as an attempt to  commit  murder  in
    8  the second degree or kidnapping in the first degree, or for such conduct
    9  as  a  sexually  motivated  felony, where authorized pursuant to section
   10  130.91 of the penal law.
   11    S 14. Paragraph (a) of subdivision 2 of section  60.07  of  the  penal
   12  law,  as added by chapter 148 of the laws of 2000, is amended to read as
   13  follows:
   14    (a) the term "specified offense"  shall  mean  an  attempt  to  commit
   15  murder  in  the second degree as defined in section 125.25 of this chap-
   16  ter, gang assault in the first degree as defined in  section  120.07  of
   17  this  chapter,  gang  assault in the second degree as defined in section
   18  120.06 of this chapter, assault  in  the  first  degree  as  defined  in
   19  section  120.10  of  this  chapter, STRANGULATION AS DEFINED IN SECTIONS
   20  121.12 AND 121.13 OF THIS CHAPTER, manslaughter in the first  degree  as
   21  defined  in  section  125.20 of this chapter, manslaughter in the second
   22  degree as defined in section 125.15 of  this  chapter,  robbery  in  the
   23  first  degree  as  defined in section 160.15 of this chapter, robbery in
   24  the second degree as defined in section 160.10 of this chapter,  or  the
   25  attempted  commission  of any of the following offenses: gang assault in
   26  the first degree as defined in section  120.07,  assault  in  the  first
   27  degree as defined in section 120.10, manslaughter in the first degree as
   28  defined  in  section 125.20 or robbery in the first degree as defined in
   29  section 160.15;
   30    S 15. Paragraph (a) of subdivision 1 of section  70.02  of  the  penal
   31  law,  as  amended by chapter 320 of the laws of 2006, is amended to read
   32  as follows:
   33    (a) Class B violent felony offenses: an attempt to  commit  the  class
   34  A-I  felonies  of  murder  in  the  second  degree as defined in section
   35  125.25, kidnapping in the first degree as defined in section 135.25, and
   36  arson in the first degree as defined in section 150.20; manslaughter  in
   37  the  first  degree as defined in section 125.20, aggravated manslaughter
   38  in the first degree as defined in section  125.22,  rape  in  the  first
   39  degree  as  defined  in section 130.35, criminal sexual act in the first
   40  degree as defined in section 130.50,  aggravated  sexual  abuse  in  the
   41  first  degree  as  defined  in  section 130.70, course of sexual conduct
   42  against a child in the  first  degree  as  defined  in  section  130.75;
   43  assault  in the first degree as defined in section 120.10, STRANGULATION
   44  AS DEFINED IN SECTIONS 121.12 AND 121.13 OF THIS CHAPTER, kidnapping  in
   45  the  second  degree  as defined in section 135.20, burglary in the first
   46  degree as defined in section 140.30,  arson  in  the  second  degree  as
   47  defined  in  section  150.15,  robbery in the first degree as defined in
   48  section 160.15, incest in the first degree as defined in section 255.27,
   49  criminal possession of a weapon  in  the  first  degree  as  defined  in
   50  section 265.04, criminal use of a firearm in the first degree as defined
   51  in  section  265.09,  criminal  sale of a firearm in the first degree as
   52  defined in section 265.13, aggravated assault upon a police officer or a
   53  peace officer as defined in section 120.11, gang assault  in  the  first
   54  degree as defined in section 120.07, intimidating a victim or witness in
   55  the  first degree as defined in section 215.17, hindering prosecution of
   56  terrorism in the first degree as defined  in  section  490.35,  criminal
       A. 6302                             8
    1  possession  of  a  chemical  weapon  or  biological weapon in the second
    2  degree as defined in section 490.40, and  criminal  use  of  a  chemical
    3  weapon  or  biological  weapon in the third degree as defined in section
    4  490.47.
    5    S  16.  Subparagraph  4  of  paragraph (b) of subdivision 3 of section
    6  358-a of the social services law, as added by chapter 7 of the  laws  of
    7  1999, is amended to read as follows:
    8    (4)  the  parent  of  such  child has been convicted of assault in the
    9  second degree as defined in section 120.05, assault in the first  degree
   10  as defined in section 120.10 [or], aggravated assault upon a person less
   11  than  eleven  years old as defined in section 120.12 OR STRANGULATION AS
   12  DEFINED IN SECTIONS 121.12 AND 121.13 of the penal law, and the  commis-
   13  sion  of one of the foregoing crimes resulted in serious physical injury
   14  to the child or another child of the parent;
   15    S 17. Clause (C) of subparagraph (iii) of paragraph (a) of subdivision
   16  8 of section 384-b of the social services law, as added by chapter 7  of
   17  the laws of 1999, is amended to read as follows:
   18    (C)  the  parent  of  such  child has been convicted of assault in the
   19  second degree as defined in section 120.05, assault in the first  degree
   20  as defined in section 120.10 [or], aggravated assault upon a person less
   21  than  eleven  years old as defined in section 120.12 OR STRANGULATION AS
   22  DEFINED IN SECTIONS 121.12 AND 121.13 of the penal law, and  the  victim
   23  of any such crime was the child or another child of the parent or anoth-
   24  er  child for whose care such parent is or has been legally responsible;
   25  or has been convicted of an attempt  to  commit  any  of  the  foregoing
   26  crimes, and the victim or intended victim was the child or another child
   27  of the parent or another child for whose care such parent is or has been
   28  legally responsible; or
   29    S  18.  This act shall take effect on the ninetieth day after it shall
   30  have become a law.