Bill Text: NY A04034 | 2011-2012 | General Assembly | Introduced
Bill Title: Creates and defines a new crime of strangulation and amends certain laws to include strangulation.
Spectrum: Slight Partisan Bill (Democrat 11-5)
Status: (Introduced - Dead) 2012-01-04 - referred to codes [A04034 Detail]
Download: New_York-2011-A04034-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
4034
2011-2012 Regular Sessions
I N A S S E M B L Y
February 1, 2011
___________
Introduced by M. of A. GABRYSZAK, GUNTHER, JAFFEE, PAULIN, ROSENTHAL,
SPANO -- Multi-Sponsored by -- M. of A. BARCLAY, BRENNAN, BURLING,
CROUCH, KELLNER, MARKEY, PHEFFER, RAIA, SWEENEY, WEISENBERG -- read
once and referred to the Committee on Codes
AN ACT to amend the penal law, the criminal procedure law, the executive
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.
LBD07623-01-1
A. 4034 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. Paragraph (a) of subdivision 7 of section 995 of the executive
53 law, as separately amended by chapters 2 and 320 of the laws of 2006, is
54 amended to read as follows:
55 (a) sections 120.05, 120.10, and 120.11, relating to assault; SECTIONS
56 121.12 AND 121.13, RELATING TO STRANGULATION; sections 125.15 through
A. 4034 3
1 125.27 relating to homicide; sections 130.25, 130.30, 130.35, 130.40,
2 130.45, 130.50, 130.65, 130.67 and 130.70, relating to sex offenses;
3 sections 205.10, 205.15, 205.17 and 205.19, relating to escape and other
4 offenses, where the offender has been convicted within the previous five
5 years of one of the other felonies specified in this subdivision; or
6 sections 255.25, 255.26 and 255.27, relating to incest, a violent felony
7 offense as defined in subdivision one of section 70.02 of the penal law,
8 attempted murder in the first degree, as defined in section 110.00 and
9 section 125.27 of the penal law, kidnapping in the first degree, as
10 defined in section 135.25 of the penal law, arson in the first degree,
11 as defined in section 150.20 of the penal law, burglary in the third
12 degree, as defined in section 140.20 of the penal law, attempted
13 burglary in the third degree, as defined in section 110.00 and section
14 140.20 of the penal law, a felony defined in article four hundred ninety
15 of the penal law relating to terrorism or any attempt to commit an
16 offense defined in such article relating to terrorism which is a felony;
17 or
18 S 5. Subdivision (b) of section 117 of the family court act, as
19 amended by chapter 7 of the laws of 2007, is amended to read as follows:
20 (b) For every juvenile delinquency proceeding under article three
21 involving an allegation of an act committed by a person which, if done
22 by an adult, would be a crime (i) defined in sections 125.27 (murder in
23 the first degree); 125.25 (murder in the second degree); 135.25 (kidnap-
24 ping in the first degree); or 150.20 (arson in the first degree) of the
25 penal law committed by a person thirteen, fourteen or fifteen years of
26 age; or such conduct committed as a sexually motivated felony, where
27 authorized pursuant to section 130.91 of the penal law; (ii) defined in
28 sections 120.10 (assault in the first degree); 121.13 (STRANGULATION IN
29 THE FIRST DEGREE); 121.12 (STRANGULATION IN THE SECOND DEGREE); 125.20
30 (manslaughter in the first degree); 130.35 (rape in the first degree);
31 130.50 ( criminal sexual act in the first degree); 135.20 (kidnapping in
32 the second degree), but only where the abduction involved the use or
33 threat of use of deadly physical force; 150.15 (arson in the second
34 degree); or 160.15 (robbery in the first degree) of the penal law
35 committed by a person thirteen, fourteen or fifteen years of age; or
36 such conduct committed as a sexually motivated felony, where authorized
37 pursuant to section 130.91 of the penal law; (iii) defined in the penal
38 law as an attempt to commit murder in the first or second degree or
39 kidnapping in the first degree committed by a person thirteen, fourteen
40 or fifteen years of age; or such conduct committed as a sexually moti-
41 vated felony, where authorized pursuant to section 130.91 of the penal
42 law; (iv) defined in section 140.30 (burglary in the first degree);
43 subdivision one of section 140.25 (burglary in the second degree);
44 subdivision two of section 160.10 (robbery in the second degree) of the
45 penal law; or section 265.03 of the penal law, where such machine gun or
46 such firearm is possessed on school grounds, as that phrase is defined
47 in subdivision fourteen of section 220.00 of the penal law committed by
48 a person fourteen or fifteen years of age; or such conduct committed as
49 a sexually motivated felony, where authorized pursuant to section 130.91
50 of the penal law; (v) defined in section 120.05 (assault in the second
51 degree) or 160.10 (robbery in the second degree) of the penal law
52 committed by a person fourteen or fifteen years of age but only where
53 there has been a prior finding by a court that such person has previous-
54 ly committed an act which, if committed by an adult, would be the crime
55 of assault in the second degree, robbery in the second degree or any
56 designated felony act specified in clause (i), (ii) or (iii) of this
A. 4034 4
1 subdivision regardless of the age of such person at the time of the
2 commission of the prior act; or (vi) other than a misdemeanor, committed
3 by a person at least seven but less than sixteen years of age, but only
4 where there has been two prior findings by the court that such person
5 has committed a prior act which, if committed by an adult would be a
6 felony:
7 (i) There is hereby established in the family court in the city of New
8 York at least one "designated felony act part." Such part or parts shall
9 be held separate from all other proceedings of the court, and shall have
10 jurisdiction over all proceedings involving such an allegation. All such
11 proceedings shall be originated in or be transferred to this part from
12 other parts as they are made known to the court.
13 (ii) Outside the city of New York, all proceedings involving such an
14 allegation shall have a hearing preference over every other proceeding
15 in the court, except proceedings under article ten.
16 S 6. Subdivision 8 of section 301.2 of the family court act, as
17 amended by chapter 7 of the laws of 2007, is amended to read as follows:
18 8. "Designated felony act" means an act which, if done by an adult,
19 would be a crime: (i) defined in sections 125.27 (murder in the first
20 degree); 125.25 (murder in the second degree); 135.25 (kidnapping in the
21 first degree); or 150.20 (arson in the first degree) of the penal law
22 committed by a person thirteen, fourteen or fifteen years of age; or
23 such conduct committed as a sexually motivated felony, where authorized
24 pursuant to section 130.91 of the penal law; (ii) defined in sections
25 120.10 (assault in the first degree); 121.13 (STRANGULATION IN THE FIRST
26 DEGREE); 121.12 (STRANGULATION IN THE SECOND DEGREE); 125.20
27 (manslaughter in the first degree); 130.35 (rape in the first degree);
28 130.50 (criminal sexual act in the first degree); 130.70 (aggravated
29 sexual abuse in the first degree); 135.20 (kidnapping in the second
30 degree) but only where the abduction involved the use or threat of use
31 of deadly physical force; 150.15 (arson in the second degree) or 160.15
32 (robbery in the first degree) of the penal law committed by a person
33 thirteen, fourteen or fifteen years of age; or such conduct committed as
34 a sexually motivated felony, where authorized pursuant to section 130.91
35 of the penal law; (iii) defined in the penal law as an attempt to commit
36 murder in the first or second degree or kidnapping in the first degree
37 committed by a person thirteen, fourteen or fifteen years of age; or
38 such conduct committed as a sexually motivated felony, where authorized
39 pursuant to section 130.91 of the penal law; (iv) defined in section
40 140.30 (burglary in the first degree); subdivision one of section 140.25
41 (burglary in the second degree); subdivision two of section 160.10
42 (robbery in the second degree) of the penal law; or section 265.03 of
43 the penal law, where such machine gun or 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 committed by a person fourteen or
46 fifteen years of age; or such conduct committed as a sexually motivated
47 felony, where authorized pursuant to section 130.91 of the penal law;
48 (v) defined in section 120.05 (assault in the second degree) or 160.10
49 (robbery in the second degree) of the penal law committed by a person
50 fourteen or fifteen years of age but only where there has been a prior
51 finding by a court that such person has previously committed an act
52 which, if committed by an adult, would be the crime of assault in the
53 second degree, robbery in the second degree or any designated felony act
54 specified in paragraph (i), (ii), or (iii) of this subdivision regard-
55 less of the age of such person at the time of the commission of the
56 prior act; or (vi) other than a misdemeanor committed by a person at
A. 4034 5
1 least seven but less than sixteen years of age, but only where there has
2 been two prior findings by the court that such person has committed a
3 prior felony.
4 S 7. Subparagraph 4 of paragraph (c) of subdivision 2 of section 352.2
5 of the family court act, as added by chapter 7 of the laws of 1999, is
6 amended to read as follows:
7 (4) the parent of such respondent has been convicted of assault in the
8 second degree as defined in section 120.05, assault in the first degree
9 as defined in section 120.10 [or], aggravated assault upon a person less
10 than eleven years old as defined in section 120.12 OR STRANGULATION AS
11 DEFINED IN SECTIONS 121.12 AND 121.13 of the penal law, and the commis-
12 sion of one of the foregoing crimes resulted in serious physical injury
13 to the respondent or another child of the parent;
14 S 8. Subparagraph (iv) of paragraph (b) of subdivision 2 of section
15 754 of the family court act, as added by chapter 7 of the laws of 1999,
16 is amended to read as follows:
17 (iv) the parent of such child has been convicted of assault in the
18 second degree as defined in section 120.05, assault in the first degree
19 as defined in section 120.10 [or], aggravated assault upon a person less
20 than eleven years old as defined in section 120.12 OR STRANGULATION AS
21 DEFINED IN SECTIONS 121.12 AND 121.13 of the penal law, and the commis-
22 sion of one of the foregoing crimes resulted in serious physical injury
23 to the child or another child of the parent;
24 S 9. Paragraph 4 of subdivision (b) of section 1039-b of the family
25 court act, as added by chapter 7 of the laws of 1999, is amended to read
26 as follows:
27 (4) the parent of such child has been convicted of assault in the
28 second degree as defined in section 120.05, assault in the first degree
29 as defined in section 120.10 [or], aggravated assault upon a person less
30 than eleven years old as defined in section 120.12 OR STRANGULATION AS
31 DEFINED IN SECTIONS 121.12 AND 121.13 of the penal law, and the commis-
32 sion of one of the foregoing crimes resulted in serious physical injury
33 to the child or another child of the parent;
34 S 10. Clause 4 of subparagraph (A) of paragraph (i) of subdivision (b)
35 of section 1052 of the family court act, as amended by chapter 7 of the
36 laws of 1999, is amended to read as follows:
37 (4) the parent of such child has been convicted of assault in the
38 second degree as defined in section 120.05, assault in the first degree
39 as defined in section 120.10 [or], aggravated assault upon a person less
40 than eleven years old as defined in section 120.12 OR STRANGULATION AS
41 DEFINED IN SECTIONS 121.12 AND 121.13 of the penal law, and the commis-
42 sion of one of the foregoing crimes resulted in serious physical injury
43 to the child or another child of the parent;
44 S 11. Paragraph f of subdivision 1 of section 410 of the general busi-
45 ness law, as added by chapter 509 of the laws of 1992, is amended to
46 read as follows:
47 f. Conviction of any of the following crimes subsequent to the issu-
48 ance of a license pursuant to this article: fraud pursuant to sections
49 170.10, 170.15, 176.15, 176.20, 176.25, 176.30 and 190.65; falsifying
50 business records pursuant to section 175.10; grand larceny pursuant to
51 article [155] ONE HUNDRED FIFTY-FIVE; bribery pursuant to sections
52 180.03, 180.08, 180.15, 180.25, 200.00, 200.03, 200.04, 200.10, 200.11,
53 200.12, 200.45, 200.50; perjury pursuant to sections 210.10, 210.15,
54 210.40; assault pursuant to sections 120.05, 120.10, 120.11, 120.12;
55 STRANGULATION PURSUANT TO SECTIONS 121.12 AND 121.13; robbery pursuant
56 to article [160] ONE HUNDRED SIXTY; homicide pursuant to sections 125.25
A. 4034 6
1 and 125.27; manslaughter pursuant to sections 125.15 and 125.20; kidnap-
2 ping and unlawful imprisonment pursuant to sections 135.10, 135.20 and
3 135.25; unlawful weapons possession pursuant to sections 265.02, 265.03
4 and 265.04; criminal use of a weapon pursuant to sections 265.08 and
5 265.09; criminal sale of a weapon pursuant to sections 265.11 and
6 265.12; and sex offenses pursuant to article [130] ONE HUNDRED THIRTY of
7 the penal law. Provided, however, that for the purposes of this article,
8 none of the following shall be considered criminal convictions or
9 reported as such: (i) a conviction for which an executive pardon has
10 been issued pursuant to the executive law; (ii) a conviction which has
11 been vacated and replaced by a youthful offender finding pursuant to
12 article seven hundred twenty of the criminal procedure law, or the
13 applicable provisions of law of any other jurisdiction; or (iii) a
14 conviction the records of which have been expunged or sealed pursuant to
15 the applicable provisions of the laws of this state or of any other
16 jurisdiction; and (iv) a conviction for which other evidence of success-
17 ful rehabilitation to remove the disability has been issued.
18 S 12. Clause (v) of subparagraph 2 of paragraph b of subdivision 3 of
19 section 220-b of the labor law, as amended by chapter 7 of the laws of
20 2008, is amended to read as follows:
21 (v) assault in the second degree as defined in section 120.05 of the
22 penal law, assault in the first degree as defined in section 120.10 of
23 the penal law, reckless endangerment in the first degree as defined in
24 section 120.25 of the penal law, STRANGULATION AS DEFINED IN SECTIONS
25 121.12 AND 121.13 OF THE PENAL LAW, criminally negligent homicide as
26 defined in section 125.10 of the penal law, manslaughter in the second
27 degree as defined in section 125.15 of the penal law, manslaughter in
28 the first degree as defined in section 125.20 of the penal law and
29 murder in the second degree as defined in section 125.25 of the penal
30 law, provided that the victim was an employee of such person or corpo-
31 ration and further provided that such offense arose from actions or
32 matters related to the protection of the health or safety of employees
33 at a work site;
34 S 13. Paragraph 2 of subdivision 18 of section 10.00 of the penal law,
35 as amended by chapter 7 of the laws of 2007, is amended to read as
36 follows:
37 (2) a person fourteen or fifteen years old who is criminally responsi-
38 ble for acts constituting the crimes defined in subdivisions one and two
39 of section 125.25 (murder in the second degree) and in subdivision three
40 of such section provided that the underlying crime for the murder charge
41 is one for which such person is criminally responsible; section 135.25
42 (kidnapping in the first degree); 150.20 (arson in the first degree);
43 subdivisions one and two of section 120.10 (assault in the first
44 degree); 121.13 (STRANGULATION IN THE FIRST DEGREE); 121.12 (STRANGULA-
45 TION IN THE SECOND DEGREE); 125.20 (manslaughter in the first degree);
46 subdivisions one and two of section 130.35 (rape in the first degree);
47 subdivisions one and two of section 130.50 (criminal sexual act in the
48 first degree); 130.70 (aggravated sexual abuse in the first degree);
49 140.30 (burglary in the first degree); subdivision one of section 140.25
50 (burglary in the second degree); 150.15 (arson in the second degree);
51 160.15 (robbery in the first degree); subdivision two of section 160.10
52 (robbery in the second degree) of this chapter; or section 265.03 of
53 this chapter, where such machine gun or such firearm is possessed on
54 school grounds, as that phrase is defined in subdivision fourteen of
55 section 220.00 of this chapter; or defined in this chapter as an attempt
56 to commit murder in the second degree or kidnapping in the first degree,
A. 4034 7
1 or such conduct as a sexually motivated felony, where authorized pursu-
2 ant to section 130.91 of the penal law.
3 S 14. Subdivision 2 of section 30.00 of the penal law, as amended by
4 chapter 7 of the laws of 2007, is amended to read as follows:
5 2. A person thirteen, fourteen or fifteen years of age is criminally
6 responsible for acts constituting murder in the second degree as defined
7 in subdivisions one and two of section 125.25 and in subdivision three
8 of such section provided that the underlying crime for the murder charge
9 is one for which such person is criminally responsible or for such
10 conduct as a sexually motivated felony, where authorized pursuant to
11 section 130.91 of the penal law; and a person fourteen or fifteen years
12 of age is criminally responsible for acts constituting the crimes
13 defined in section 135.25 (kidnapping in the first degree); 150.20
14 (arson in the first degree); subdivisions one and two of section 120.10
15 (assault in the first degree); 121.13 (STRANGULATION IN THE FIRST
16 DEGREE); 121.12 (STRANGULATION IN THE SECOND DEGREE); 125.20
17 (manslaughter in the first degree); subdivisions one and two of section
18 130.35 (rape in the first degree); subdivisions one and two of section
19 130.50 (criminal sexual act in the first degree); 130.70 (aggravated
20 sexual abuse in the first degree); 140.30 (burglary in the first
21 degree); subdivision one of section 140.25 (burglary in the second
22 degree); 150.15 (arson in the second degree); 160.15 (robbery in the
23 first degree); subdivision two of section 160.10 (robbery in the second
24 degree) of this chapter; or section 265.03 of this chapter, where such
25 machine gun or such firearm is possessed on school grounds, as that
26 phrase is defined in subdivision fourteen of section 220.00 of this
27 chapter; or defined in this chapter as an attempt to commit murder in
28 the second degree or kidnapping in the first degree, or for such conduct
29 as a sexually motivated felony, where authorized pursuant to section
30 130.91 of the penal law.
31 S 15. Paragraph (a) of subdivision 2 of section 60.07 of the penal
32 law, as added by chapter 148 of the laws of 2000, is amended to read as
33 follows:
34 (a) the term "specified offense" shall mean an attempt to commit
35 murder in the second degree as defined in section 125.25 of this chap-
36 ter, gang assault in the first degree as defined in section 120.07 of
37 this chapter, gang assault in the second degree as defined in section
38 120.06 of this chapter, assault in the first degree as defined in
39 section 120.10 of this chapter, STRANGULATION AS DEFINED IN SECTIONS
40 121.12 AND 121.13 OF THIS CHAPTER, manslaughter in the first degree as
41 defined in section 125.20 of this chapter, manslaughter in the second
42 degree as defined in section 125.15 of this chapter, robbery in the
43 first degree as defined in section 160.15 of this chapter, robbery in
44 the second degree as defined in section 160.10 of this chapter, or the
45 attempted commission of any of the following offenses: gang assault in
46 the first degree as defined in section 120.07, assault in the first
47 degree as defined in section 120.10, manslaughter in the first degree as
48 defined in section 125.20 or robbery in the first degree as defined in
49 section 160.15;
50 S 16. Paragraph (a) of subdivision 1 of section 70.02 of the penal
51 law, as amended by chapter 320 of the laws of 2006, is amended to read
52 as follows:
53 (a) Class B violent felony offenses: an attempt to commit the class
54 A-I felonies of murder in the second degree as defined in section
55 125.25, kidnapping in the first degree as defined in section 135.25, and
56 arson in the first degree as defined in section 150.20; manslaughter in
A. 4034 8
1 the first degree as defined in section 125.20, aggravated manslaughter
2 in the first degree as defined in section 125.22, rape in the first
3 degree as defined in section 130.35, criminal sexual act in the first
4 degree as defined in section 130.50, aggravated sexual abuse in the
5 first degree as defined in section 130.70, course of sexual conduct
6 against a child in the first degree as defined in section 130.75;
7 assault in the first degree as defined in section 120.10, STRANGULATION
8 AS DEFINED IN IN SECTIONS 121.12 AND 121.13 OF THIS CHAPTER, kidnapping
9 in the second degree as defined in section 135.20, burglary in the first
10 degree as defined in section 140.30, arson in the second degree as
11 defined in section 150.15, robbery in the first degree as defined in
12 section 160.15, incest in the first degree as defined in section 255.27,
13 criminal possession of a weapon in the first degree as defined in
14 section 265.04, criminal use of a firearm in the first degree as defined
15 in section 265.09, criminal sale of a firearm in the first degree as
16 defined in section 265.13, aggravated assault upon a police officer or a
17 peace officer as defined in section 120.11, gang assault in the first
18 degree as defined in section 120.07, intimidating a victim or witness in
19 the first degree as defined in section 215.17, hindering prosecution of
20 terrorism in the first degree as defined in section 490.35, criminal
21 possession of a chemical weapon or biological weapon in the second
22 degree as defined in section 490.40, and criminal use of a chemical
23 weapon or biological weapon in the third degree as defined in section
24 490.47.
25 S 17. Subparagraph 4 of paragraph (b) of subdivision 3 of section
26 358-a of the social services law, as added by chapter 7 of the laws of
27 1999, is amended to read as follows:
28 (4) the parent of such child has been convicted of assault in the
29 second degree as defined in section 120.05, assault in the first degree
30 as defined in section 120.10 [or], aggravated assault upon a person less
31 than eleven years old as defined in section 120.12 OR STRANGULATION AS
32 DEFINED IN SECTIONS 121.12 AND 121.13 of the penal law, and the commis-
33 sion of one of the foregoing crimes resulted in serious physical injury
34 to the child or another child of the parent;
35 S 18. Clause (C) of subparagraph (iii) of paragraph (a) of subdivision
36 8 of section 384-b of the social services law, as added by chapter 7 of
37 the laws of 1999, is amended to read as follows:
38 (C) the parent of such child has been convicted of assault in the
39 second degree as defined in section 120.05, assault in the first degree
40 as defined in section 120.10 [or], aggravated assault upon a person less
41 than eleven years old as defined in section 120.12 OR STRANGULATION AS
42 DEFINED IN SECTIONS 121.12 AND 121.13 of the penal law, and the victim
43 of any such crime was the child or another child of the parent or anoth-
44 er child for whose care such parent is or has been legally responsible;
45 or has been convicted of an attempt to commit any of the foregoing
46 crimes, and the victim or intended victim was the child or another child
47 of the parent or another child for whose care such parent is or has been
48 legally responsible; or
49 S 19. This act shall take effect on the ninetieth day after it shall
50 have become a law.
