Criminal Justice

Creates a new class D violent felony offense of endangering the welfare of a child in the first degree; converts the current offense of endangering the welfare of a child to a second degree crime.

This bill (A 7720) changes state law to downgrade the offense of possessing certain amounts of a controlled substance from a class A misdemeanor to a simple violation. It directly affects individuals who possess such substances, removing criminal penalties like jail time or fines for this specific offense. Key provisions include two exceptions: it does not apply to small leftover amounts in syringes/needles, or to possession discovered while seeking emergency medical care for an overdose or life-threatening emergency. The bill is pending legislative action and would take effect 90 days after enactment.

This bill sets a 48-hour deadline for courts to order HIV testing in criminal cases where it's required. It mandates that the test must be performed within 48 hours of the court filing the accusatory instrument, and if not completed on time, the court must order a new test. Defendants must also be advised about HIV testing and treatment options per health department guidelines. The bill directly affects defendants in criminal cases where HIV testing is court-ordered, focusing on timely medical procedures.

Provides for the establishment and operations of a dedicated opioid rehabilitation facility and the personal needs allowance for residents of a dedicated opioid rehabilitation facility; relates to the diversion of certain defendants to a mandatory opioid rehabilitation facility; provides for the establishment of a dedicated opioid rehabilitation facility and the provision of corrections officers to such facilities.

Requires police officer training programs on interacting with individuals with a disability with special emphasis on the techniques needed to improve interactions with individuals that are blind or deaf or hard of hearing; provides such training shall be created in consultation with the justice center for the protection of people with special needs.

S 2312 prohibits sex offenders from living within 1,350 feet of schools, playgrounds, parks, or childcare facilities. This restriction directly affects individuals classified as sex offenders under New York's correction law, applying to all such locations used for child-related activities. The bill requires notification to offenders through written and oral communication from the division, parole officers, and probation officers. Violations could lead to felony charges, with penalties increasing for repeat offenses. The residency ban remains in effect as long as the individual is classified as a sex offender.

Establishes the crimes of assault on a child protective services worker, aggravated assault on a child protective services worker and menacing a child protective services worker.

Provides for enrollment of eligible incarcerated persons in the medical assistance for needy persons program; provides for enrollment of incarcerated individuals in other medical assistance programs, where eligible.

Enacts into law major components of legislation necessary to implement the state public protection and general government budget for the 2025-2026 state fiscal year; extends provisions of law relating to criminal justice including the psychological testing of candidates, expanding the geographic area of employment of certain police officers, prisoner furloughs in certain cases and the crime of absconding therefrom, correctional facilities, incarcerated individual work release, furlough and leave, certain provisions which impact upon expenditure of certain appropriations made by chapter 50 of the laws of 1994 enacting the state operations budget, taxes, surcharges, fees and funding, prison and jail housing and alternatives to detention and incarceration programs, taxes, expiration of the mandatory surcharge and victim assistance fee, the ignition interlock device program, the merit provisions, prisoner litigation reform and the incarcerated individual filing fee provisions of the civil practice law and rules and general filing fee provision and incarcerated individual property claims exhaustion requirement of the court of claims act of such chapter, the family protection and domestic violence intervention act of 1994, certain provisions requiring the arrest of certain persons engaged in family violence, the use of closed-circuit television and other protective measures for certain child witnesses, the counties, the interstate compact for adult offender supervision, limiting the closing of certain correctional facilities, the custody by the department of correctional services of incarcerated individual serving definite sentences, custody of federal prisoners, the closing of certain correctional facilities, military funds of the organized militia, providing for community treatment facilities and establishing the crime of absconding from the community treatment facility; relates to the pre-criminal proceeding settlements in the city of New York (Part A); expands eligibility for who may hold correction and police officer positions (Part C); expands support services for victims of financial abuse and homicide (Part G); expands protections and services to survivors of sexual assault for itemized charges related to exams for such survivors (Part H); improves access to public assistance for survivors of gender-based violence; repeals provisions relating thereto (Part I); requires certain employers to implement a model gender-based violence and the workplace policy (Part J); prohibits artificial intelligence-generated child sexual abuse material (Part L); extends provisions of law relating to liquidator's permits and temporary retail permits (Part Q); increases the bond limit for the New York city transitional finance authority (Part R); modifies the industrial and commercial abatement program (Part S); extends the civil service examination fee waiver for certain persons (Part V); provides for an optional payment election for certain employees (Part W); authorizes construction manager as constructor contracts as an alternative delivery method for authorized projects; defines construction manager as constructor contracts (Part Y); allows certain residents or fellows to render medical care in cases of workers' compensation injuries (Part AA); provides for temporary payment of compensation for medical treatment and care, including prescription drugs (Part CC); establishes a body-worn cameras program within the department of corrections and community supervision to increase accountability (Part GG); relates to the functions, powers and duties of the state commission on correction (Part HH); extends the time the New York State community commission on reparations remedies has to submit a written report of its findings and recommendations to the legislature and the governor (Part JJ); establishes the "Oak Orchard wastewater project design-build act" for the wastewater treatment plant in the town of Clay, county of Onondaga (Part KK); increases the amount of allowance that trial and grand jurors are entitled to in each court of the unified court system (Part LL); establishes the New York state office of gun violence prevention (Part MM); provides for ten additional judges for the New York city civil court and five additional judges for the court of claims (Part NN); relates to public campaign financing; changes certain thresholds and procedures; repeals certain provisions of chapter 58 of 2020 relating to severability (Part OO); delays implementing certain restrictions on outside earned income by members of the legislature until January 1, 2027 (Part PP); requires that candidates for the offices of governor and lieutenant governor are designated jointly; provides that ballots shall reflect that that offices of governor and lieutenant governor are voted for jointly (Part QQ); relates to civil enforcement actions initiated by the attorney-general (Part RR); restores 20 year service retirement for New York city police officers (Part SS); establishes a twenty-five year retirement plan for firefighters employed by the division of military and naval affairs (Part TT); removes eligibility or receipt of primary social security disability benefits as a condition for ordinary disability retirement for New York city enhanced plan members in active service who are not eligible for a normal retirement benefit and have completed five years or more of service (Part UU); extends the retiree earnings limitation waiver for school employees until June 30, 2027 (Part VV); authorizes courts to dispense with the personal appearance of a party or the defendant and conduct such appearance electronically; repeals provisions relating to appearances in court; provides for the repeal of such provisions upon the expiration thereof (Part WW); relates to promotions of police detectives, sergeants, and lieutenants for retirement purposes (Part XX); establishes alternative twenty and twenty-five year plans for certain law enforcement members or officers; provides for accidental disability retirement allowance for certain members (Part YY); lowers the minimum hiring age for correction officers to eighteen (Part ZZ); extends provisions related to the operation and administration of the legislature (Part AAA); relates to authorizing the department of corrections and community supervision to close up to three correctional facilities in the 2025--2026 state fiscal year; provides for the repeal of such provisions upon expiration thereof (Part BBB).

Relates to the completion of training requirements for sheriffs and undersheriffs; directs the municipal police training council to promulgate rules and regulations relating to qualification for municipal police forces for persons who were previously sworn members of the state police and to provide certificates to such persons who meet such qualifications.