Bill Text: NY A00794 | 2019-2020 | General Assembly | Amended


Bill Title: Relates to the offenses of rape in the first, second and third degrees.

Spectrum: Moderate Partisan Bill (Democrat 27-6)

Status: (Introduced) 2019-02-15 - print number 794a [A00794 Detail]

Download: New_York-2019-A00794-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         794--A
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 11, 2019
                                       ___________
        Introduced  by M. of A. SIMOTAS, COLTON, AUBRY, ENGLEBRIGHT, BRAUNSTEIN,
          DenDEKKER, JAFFEE, PERRY, COOK, WEPRIN, SANTABARBARA,  ROZIC,  HEVESI,
          QUART,  LIFTON,  OTIS,  MOSLEY,  FAHY, SEAWRIGHT, TAYLOR, ZEBROWSKI --
          Multi-Sponsored by -- M. of A. ARROYO, BUCHWALD,  FINCH,  FITZPATRICK,
          GALEF,    GLICK,    LUPARDO,    MALLIOTAKIS,   McDONOUGH,   MONTESANO,
          PEOPLES-STOKES, RA -- read once and referred to the Committee on Codes
          -- committee discharged, bill amended, ordered  reprinted  as  amended
          and recommitted to said committee
        AN  ACT  to  amend  the  penal  law,  the  criminal  procedure  law, the
          correction law, the social services law, the vehicle and traffic  law,
          the family court act, the civil rights law, the civil practice law and
          rules,  the  agriculture  and  markets  law, the judiciary law and the
          domestic relations law, in relation to sex  offenses;  and  to  repeal
          certain provisions of the penal law relating thereto
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Sections 130.40, 130.45 and 130.50 of  the  penal  law  are
     2  REPEALED.
     3    § 2. Subdivisions 1 and 2 of section 130.00 of the penal law, subdivi-
     4  sion  2  as  amended  by chapter 264 of the laws of 2003, are amended to
     5  read as follows:
     6    1. "[Sexual intercourse] Vaginal sexual  contact"  [has  its  ordinary
     7  meaning  and  occurs upon any penetration, however slight] means conduct
     8  between persons consisting of contact between the penis and  the  vagina
     9  or vulva.
    10    2.  (a)  "Oral sexual [conduct] contact" means conduct between persons
    11  consisting of contact between the mouth and the penis, the mouth and the
    12  anus, or the mouth and the vulva or vagina.
    13    (b) "Anal sexual [conduct]  contact"  means  conduct  between  persons
    14  consisting of contact between the penis and anus.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01481-03-9

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     1    §  3.  Section 130.25 of the penal law, as amended by chapter 1 of the
     2  laws of 2000, is amended to read as follows:
     3  § 130.25 Rape in the third degree.
     4    A person is guilty of rape in the third degree when:
     5    1.  He  or  she engages in [sexual intercourse] vaginal sexual contact
     6  with another person who is incapable of consent by reason of some factor
     7  other than being less than seventeen years old;
     8    2. He or she engages in oral sexual contact with another person who is
     9  incapable of consent by reason of some factor other than being less than
    10  seventeen years old;
    11    3. He or she engages in anal sexual contact with another person who is
    12  incapable of consent by reason of some other  factor  other  than  being
    13  less than seventeen years old;
    14    4.  Being  twenty-one  years old or more, he or she engages in [sexual
    15  intercourse] vaginal sexual contact with another person less than seven-
    16  teen years old; [or
    17    3.] 5.  Being twenty-one years old or more, he or she engages in  oral
    18  sexual contact with another person less than seventeen years old;
    19    6. Being twenty-one years old or more, he or she engages in anal sexu-
    20  al contact with another person less than seventeen years old;
    21    7.  He  or  she engages in [sexual intercourse] vaginal sexual contact
    22  with another person without such person's consent  where  such  lack  of
    23  consent is by reason of some factor other than incapacity to consent[.];
    24    8.  He or she engages in oral sexual contact with another person with-
    25  out such person's consent where such lack of consent  is  by  reason  of
    26  some factor other than incapacity to consent; or
    27    9.  He or she engages in anal sexual contact with another person with-
    28  out such person's consent where such lack of consent  is  by  reason  of
    29  some factor other than the incapacity to consent.
    30    Rape in the third degree is a class E felony.
    31    §  4.  Section 130.30 of the penal law, as amended by chapter 1 of the
    32  laws of 2000, is amended to read as follows:
    33  § 130.30 Rape in the second degree.
    34    A person is guilty of rape in the second degree when:
    35    1. being eighteen years old or more, he  or  she  engages  in  [sexual
    36  intercourse]  vaginal  sexual  contact  with  another  person  less than
    37  fifteen years old; [or]
    38    2. being eighteen years old or more, he or she engages in oral  sexual
    39  contact with another person less than fifteen years old;
    40    3.  being eighteen years old or more, he or she engages in anal sexual
    41  contact with another person less than fifteen years old;
    42    4. he or she engages in [sexual intercourse]  vaginal  sexual  contact
    43  with  another  person  who  is  incapable  of consent by reason of being
    44  mentally disabled or mentally incapacitated[.];
    45    5. he or she engages in oral sexual contact with another person who is
    46  incapable of consent by reason of being mentally  disabled  or  mentally
    47  incapacitated; or
    48    6. he or she engages in anal sexual contact with another person who is
    49  incapable  of  consent  by reason of being mentally disabled or mentally
    50  incapacitated.
    51    It shall be an affirmative defense to the crime of rape in the  second
    52  degree  as  defined  in [subdivision] subdivisions one, two and three of
    53  this section that the defendant was less than four years older than  the
    54  victim at the time of the act.
    55    Rape in the second degree is a class D felony.

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     1    §  5.  Section 130.35 of the penal law, as amended by chapter 1 of the
     2  laws of 2000, is amended to read as follows:
     3  § 130.35 Rape in the first degree.
     4    A person is guilty of rape in the first degree when:
     5    1.  he  or  she engages in [sexual intercourse] vaginal sexual contact
     6  with another person:
     7    [1.] (a) By forcible compulsion; or
     8    [2.] (b) Who is incapable of consent by  reason  of  being  physically
     9  helpless; or
    10    [3.] (c) Who is less than eleven years old; or
    11    [4.] (d) Who is less than thirteen years old and the actor is eighteen
    12  years old or more[.];
    13    2. he or she engages in oral sexual contact with another person:
    14    (a) By forcible compulsion; or
    15    (b)  Who  is  incapable of consent by reason of being physically help-
    16  less; or
    17    (c) Who is less than eleven years old; or
    18    (d) Who is less than thirteen years old  and  the  actor  is  eighteen
    19  years old or more; or
    20    3. he or she engages in anal sexual contact with another person:
    21    (a) by forcible compulsion; or
    22    (b)  who  is  incapable of consent by reason of being physically help-
    23  less; or
    24    (c) who is less than eleven years old; or
    25    (d) who is less than thirteen years old  and  the  actor  is  eighteen
    26  years old or more.
    27    Rape in the first degree is a class B felony.
    28    §  6. Paragraph 2 of subdivision 18 of section 10.00 of the penal law,
    29  as amended by chapter 7 of the laws of  2007,  is  amended  to  read  as
    30  follows:
    31    (2) a person fourteen or fifteen years old who is criminally responsi-
    32  ble for acts constituting the crimes defined in subdivisions one and two
    33  of section 125.25 (murder in the second degree) and in subdivision three
    34  of such section provided that the underlying crime for the murder charge
    35  is  one  for which such person is criminally responsible; section 135.25
    36  (kidnapping in the first degree); 150.20 (arson in  the  first  degree);
    37  subdivisions  one  and  two  of  section  120.10  (assault  in the first
    38  degree); 125.20 (manslaughter in the first  degree);  [subdivisions  one
    39  and]  paragraphs  (a) and (b) of subdivision one, paragraphs (a) and (b)
    40  of subdivision two, and paragraphs (a) and (b) of subdivision  three  of
    41  section  130.35 (rape in the first degree); [subdivisions one and two of
    42  section 130.50 (criminal  sexual  act  in  the  first  degree);]  130.70
    43  (aggravated  sexual  abuse in the first degree); 140.30 (burglary in the
    44  first degree); subdivision one of section 140.25 (burglary in the second
    45  degree); 150.15 (arson in the second degree);  160.15  (robbery  in  the
    46  first  degree); subdivision two of section 160.10 (robbery in the second
    47  degree) of this chapter; or section 265.03 of this chapter,  where  such
    48  machine  gun  or  such  firearm  is possessed on school grounds, as that
    49  phrase is defined in subdivision fourteen  of  section  220.00  of  this
    50  chapter;  or  defined  in this chapter as an attempt to commit murder in
    51  the second degree or kidnapping in the first degree, or such conduct  as
    52  a sexually motivated felony, where authorized pursuant to section 130.91
    53  of [the penal law] this chapter.
    54    §  7.  Subdivision  2 of section 30.00 of the penal law, as amended by
    55  section 38 of part WWW of chapter 59 of the laws of 2017, is amended  to
    56  read as follows:

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     1    2.  A person thirteen, fourteen or, fifteen years of age is criminally
     2  responsible for acts constituting murder in the second degree as defined
     3  in subdivisions one and two of section 125.25 and in  subdivision  three
     4  of such section provided that the underlying crime for the murder charge
     5  is  one  for  which  such  person  is criminally responsible or for such
     6  conduct as a sexually motivated felony,  where  authorized  pursuant  to
     7  section  130.91 of this chapter; and a person fourteen or, fifteen years
     8  of age is  criminally  responsible  for  acts  constituting  the  crimes
     9  defined  in  section  135.25  (kidnapping  in  the first degree); 150.20
    10  (arson in the first degree); subdivisions one and two of section  120.10
    11  (assault  in  the  first  degree);  125.20  (manslaughter  in  the first
    12  degree); [subdivisions one and] paragraphs (a) and  (b)  of  subdivision
    13  one,  paragraphs  (a)  and (b) of subdivision two and paragraphs (a) and
    14  (b) of subdivision three of section 130.35 (rape in the  first  degree);
    15  subdivisions  one  and two of section 130.50 (criminal sexual act in the
    16  first degree); 130.70 (aggravated sexual abuse  in  the  first  degree);
    17  140.30 (burglary in the first degree); subdivision one of section 140.25
    18  (burglary  in  the  second degree); 150.15 (arson in the second degree);
    19  160.15 (robbery in the first degree); subdivision two of section  160.10
    20  (robbery  in  the  second  degree) of this chapter; or section 265.03 of
    21  this chapter, 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 this chapter; or defined in this chapter as an attempt
    24  to commit murder in the second degree or kidnapping in the first degree,
    25  or for such conduct as a sexually  motivated  felony,  where  authorized
    26  pursuant to section 130.91 of this chapter.
    27    § 8. Paragraph (b) of subdivision 2 of section 35.15 of the penal law,
    28  as  amended  by  chapter  511 of the laws of 2004, is amended to read as
    29  follows:
    30    (b) He or she reasonably believes that such other person is committing
    31  or attempting to commit a kidnapping, forcible rape, [forcible  criminal
    32  sexual act] forcible aggravated sexual abuse, or robbery; or
    33    §  9.  Paragraphs (a) and (c) of subdivision 1 of section 70.02 of the
    34  penal law, paragraph (a) as amended by chapter 189 of the laws 2018  and
    35  paragraph (c) as amended by chapter 368 of the laws of 2015, are amended
    36  to read as follows:
    37    (a)  Class  B  violent felony offenses: an attempt to commit the class
    38  A-I felonies of murder in  the  second  degree  as  defined  in  section
    39  125.25, kidnapping in the first degree as defined in section 135.25, and
    40  arson  in the first degree as defined in section 150.20; manslaughter in
    41  the first degree as defined in section 125.20,  aggravated  manslaughter
    42  in  the  first  degree  as  defined in section 125.22, rape in the first
    43  degree as defined in section 130.35, [criminal sexual act in  the  first
    44  degree  as  defined  in  section 130.50,] aggravated sexual abuse in the
    45  first degree as defined in section  130.70,  course  of  sexual  conduct
    46  against  a  child  in  the  first  degree  as defined in section 130.75;
    47  assault in the first degree as defined in section 120.10, kidnapping  in
    48  the  second  degree  as defined in section 135.20, burglary in the first
    49  degree as defined in section 140.30,  arson  in  the  second  degree  as
    50  defined  in  section  150.15,  robbery in the first degree as defined in
    51  section 160.15, sex trafficking as defined in paragraphs (a) and (b)  of
    52  subdivision  five  of  section  230.34,  sex  trafficking  of a child as
    53  defined in section 230.34-a, incest in the first degree  as  defined  in
    54  section  255.27,  criminal possession of a weapon in the first degree as
    55  defined in section 265.04, criminal use of a firearm in the first degree
    56  as defined in section 265.09, criminal sale of a firearm  in  the  first

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     1  degree  as  defined  in section 265.13, aggravated assault upon a police
     2  officer or a peace officer as defined in section 120.11, gang assault in
     3  the first degree as defined in section 120.07, intimidating a victim  or
     4  witness  in  the  first  degree  as defined in section 215.17, hindering
     5  prosecution of terrorism in the  first  degree  as  defined  in  section
     6  490.35, criminal possession of a chemical weapon or biological weapon in
     7  the  second  degree  as defined in section 490.40, and criminal use of a
     8  chemical weapon or biological weapon in the third degree as  defined  in
     9  section 490.47.
    10    (c)  Class  D violent felony offenses: an attempt to commit any of the
    11  class C felonies set forth in paragraph (b); reckless assault of a child
    12  as defined in section 120.02, assault in the second degree as defined in
    13  section 120.05, menacing a police officer or peace officer as defined in
    14  section 120.18, stalking in the first degree, as defined in  subdivision
    15  one  of section 120.60, strangulation in the second degree as defined in
    16  section 121.12, rape in the second degree as defined in section  130.30,
    17  [criminal sexual act in the second degree as defined in section 130.45,]
    18  sexual abuse in the first degree as defined in section 130.65, course of
    19  sexual  conduct  against  a  child  in  the  second degree as defined in
    20  section 130.80, aggravated sexual abuse in the third degree  as  defined
    21  in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
    22  substance as defined in section 130.90, labor trafficking as defined  in
    23  paragraphs  (a) and (b) of subdivision three of section 135.35, criminal
    24  possession of a weapon in the third degree  as  defined  in  subdivision
    25  five, six, seven, eight, nine or ten of section 265.02, criminal sale of
    26  a firearm in the third degree as defined in section 265.11, intimidating
    27  a  victim  or witness in the second degree as defined in section 215.16,
    28  soliciting or providing support for an act of terrorism  in  the  second
    29  degree  as defined in section 490.10, and making a terroristic threat as
    30  defined in section 490.20, falsely reporting an incident  in  the  first
    31  degree  as  defined in section 240.60, placing a false bomb or hazardous
    32  substance in the first degree as defined in section  240.62,  placing  a
    33  false  bomb  or  hazardous  substance in a sports stadium or arena, mass
    34  transportation facility or enclosed shopping mall as defined in  section
    35  240.63,  and  aggravated  unpermitted  use of indoor pyrotechnics in the
    36  first degree as defined in section 405.18.
    37    § 10. Paragraph b of subdivision 5 of section 120.40 of the penal law,
    38  as amended by chapter 320 of the laws of 2006, is  amended  to  read  as
    39  follows:
    40    b.  a  crime  defined  in  section  130.20,  130.25,  130.30, [130.40,
    41  130.45,] 130.55, 130.60, 130.70, 255.25, 255.26 or 255.27;
    42    § 11. Paragraph (d) of subdivision 2 and paragraph (h) of  subdivision
    43  3  of section 130.05 of the penal law, paragraph (d) of subdivision 2 as
    44  amended by chapter 40 of the laws of 2004 and paragraph (h) of  subdivi-
    45  sion  3  as amended by section 2 of part G of chapter 501 of the laws of
    46  2012, are amended to read as follows:
    47    (d) Where the offense charged is rape in the third degree  as  defined
    48  in  [subdivision  three]  subdivisions  seven, eight and nine of section
    49  130.25, [or criminal sexual act in the third degree as defined in subdi-
    50  vision three of section 130.40,] in  addition  to  forcible  compulsion,
    51  circumstances  under  which, at the time of the act of intercourse, oral
    52  sexual conduct or anal sexual conduct, the victim clearly expressed that
    53  he or she did not consent to engage in such act, and a reasonable person
    54  in the actor's situation would have understood such person's  words  and
    55  acts  as  an  expression  of  lack  of consent to such act under all the
    56  circumstances.

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     1    (h) a client or patient and the actor is a  health  care  provider  or
     2  mental  health  care  provider  charged with rape in the third degree as
     3  defined in section 130.25, [criminal sexual act in the third  degree  as
     4  defined in section 130.40,] aggravated sexual abuse in the fourth degree
     5  as  defined  in section 130.65-a, or sexual abuse in the third degree as
     6  defined in section 130.55, and the act of sexual conduct occurs during a
     7  treatment session, consultation, interview, or examination; or
     8    § 12. The opening paragraph of subdivision 3 of section 125.25 of  the
     9  penal  law, as amended by chapter 264 of the laws of 2003, is amended to
    10  read as follows:
    11    Acting either alone or with one or more other persons, he  commits  or
    12  attempts  to  commit  robbery,  burglary, kidnapping, arson, rape in the
    13  first degree, [criminal sexual act in the first degree,] sexual abuse in
    14  the first degree, aggravated sexual abuse, escape in the  first  degree,
    15  or escape in the second degree, and, in the course of and in furtherance
    16  of  such  crime or of immediate flight therefrom, he, or another partic-
    17  ipant, if there be any, causes the death of a person other than  one  of
    18  the participants; except that in any prosecution under this subdivision,
    19  in  which  the  defendant was not the only participant in the underlying
    20  crime, it is an affirmative defense that the defendant:
    21    § 13. Subdivision 5 of section 125.25 of the penal law, as amended  by
    22  chapter 320 of the laws of 2006, is amended to read as follows:
    23    5. Being eighteen years old or more, while in the course of committing
    24  rape  in  the first, second or third degree, [criminal sexual act in the
    25  first, second or third degree,] sexual abuse in the first degree, aggra-
    26  vated sexual abuse in the first, second,  third  or  fourth  degree,  or
    27  incest  in the first, second or third degree, against a person less than
    28  fourteen years old, he or she intentionally causes  the  death  of  such
    29  person.
    30    §  14. Subparagraph (vii) of paragraph (a) of subdivision 1 of section
    31  125.27 of the penal law, as amended by chapter 264 of the laws of  2003,
    32  is amended to read as follows:
    33    (vii)  the  victim was killed while the defendant was in the course of
    34  committing or attempting  to  commit  and  in  furtherance  of  robbery,
    35  burglary  in  the first degree or second degree, kidnapping in the first
    36  degree, arson in the first degree or second degree, rape  in  the  first
    37  degree,  [criminal  sexual act in the first degree,] sexual abuse in the
    38  first degree, aggravated sexual abuse in the first degree or  escape  in
    39  the  first  degree,  or  in  the  course of and furtherance of immediate
    40  flight after committing or attempting to commit any such crime or in the
    41  course of and furtherance of immediate flight after attempting to commit
    42  the crime of murder in the second degree; provided however,  the  victim
    43  is  not  a participant in one of the aforementioned crimes and, provided
    44  further that, unless  the  defendant's  criminal  liability  under  this
    45  subparagraph is based upon the defendant having commanded another person
    46  to  cause the death of the victim or intended victim pursuant to section
    47  20.00 of this chapter, this  subparagraph  shall  not  apply  where  the
    48  defendant's  criminal  liability  is  based  upon the conduct of another
    49  pursuant to section 20.00 of this chapter; or
    50    § 15. Subdivision 3 of section 130.10 of the penal law, as amended  by
    51  chapter 264 of the laws of 2003, is amended to read as follows:
    52    3.  In  any  prosecution  for the crime of rape in the third degree as
    53  defined in section 130.25, [criminal sexual act in the third  degree  as
    54  defined in section 130.40,] aggravated sexual abuse in the fourth degree
    55  as  defined  in section 130.65-a, or sexual abuse in the third degree as
    56  defined in section 130.55 in which incapacity to consent is based on the

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     1  circumstances set forth in paragraph (h) of subdivision three of section
     2  130.05 of this article it shall  be  an  affirmative  defense  that  the
     3  client  or  patient  consented to such conduct charged after having been
     4  expressly advised by the health care or mental health care provider that
     5  such conduct was not performed for a valid medical purpose.
     6    § 16. The opening paragraph and subdivision 2 of section 130.95 of the
     7  penal  law,  as added by chapter 107 of the laws of 2006, are amended to
     8  read as follows:
     9    A person is guilty of predatory sexual assault when he or she  commits
    10  the crime of rape in the first degree, [criminal sexual act in the first
    11  degree,] aggravated sexual abuse in the first degree, or course of sexu-
    12  al conduct against a child in the first degree, as defined in this arti-
    13  cle, and when:
    14    2.  He or she has engaged in conduct constituting the crime of rape in
    15  the first degree, [criminal sexual act in the first degree,]  aggravated
    16  sexual  abuse in the first degree, or course of sexual conduct against a
    17  child in the first degree, as defined in this article,  against  one  or
    18  more additional persons; or
    19    §  17.  The  opening  paragraph of section 130.96 of the penal law, as
    20  added by chapter 107 of the laws of 2006, is amended to read as follows:
    21    A person is guilty of predatory sexual assault against a  child  when,
    22  being eighteen years old or more, he or she commits the crime of rape in
    23  the  first degree, [criminal sexual act in the first degree,] aggravated
    24  sexual abuse in the first degree, or course of sexual conduct against  a
    25  child in the first degree, as defined in this article, and the victim is
    26  less than thirteen years old.
    27    §  18. Subdivision 2 of section 240.75 of the penal law, as amended by
    28  section 8 of part NN of chapter 55 of the laws of 2018,  is  amended  to
    29  read as follows:
    30    2.  A  "specified  offense"  is  an  offense defined in section 120.00
    31  (assault in the third degree); section 120.05  (assault  in  the  second
    32  degree);  section  120.10  (assault in the first degree); section 120.13
    33  (menacing in the first degree); section 120.14 (menacing in  the  second
    34  degree);  section  120.15 (menacing in the third degree); section 120.20
    35  (reckless endangerment in the second degree); section  120.25  (reckless
    36  endangerment  in  the  first  degree);  section  120.45 (stalking in the
    37  fourth degree); section 120.50 (stalking in the third  degree);  section
    38  120.55  (stalking in the second degree); section 120.60 (stalking in the
    39  first degree); section 121.11  (criminal  obstruction  of  breathing  or
    40  blood circulation); section 121.12 (strangulation in the second degree);
    41  section  121.13  (strangulation in the first degree); subdivision one of
    42  section 125.15 (manslaughter in the second degree); subdivision one, two
    43  or four of section 125.20 (manslaughter in the  first  degree);  section
    44  125.25  (murder  in  the  second degree); section 130.20 (sexual miscon-
    45  duct); section 130.25 (rape in the third degree); section  130.30  (rape
    46  in  the  second  degree);  section  130.35  (rape  in the first degree);
    47  section 130.40 (criminal sexual act in the third degree); section 130.45
    48  (criminal sexual act in the second  degree);  section  130.50  (criminal
    49  sexual  act  in  the  first degree); section 130.52 (forcible touching);
    50  section 130.53 (persistent sexual abuse); section 130.55  (sexual  abuse
    51  in  the  third  degree);  section  130.60  (sexual  abuse  in the second
    52  degree); section 130.65 (sexual abuse  in  the  first  degree);  section
    53  130.66  (aggravated  sexual  abuse  in the third degree); section 130.67
    54  (aggravated sexual abuse in the second degree); section  130.70  (aggra-
    55  vated  sexual abuse in the first degree); section 130.91 (sexually moti-
    56  vated felony); section 130.95 (predatory sexual assault); section 130.96

        A. 794--A                           8
     1  (predatory sexual assault against a  child);  section  135.05  (unlawful
     2  imprisonment  in  the second degree); section 135.10 (unlawful imprison-
     3  ment in the  first  degree);  section  135.60  (coercion  in  the  third
     4  degree);  section 135.61 (coercion in the second degree); section 135.65
     5  (coercion in the first degree); section 140.20 (burglary  in  the  third
     6  degree);  section 140.25 (burglary in the second degree); section 140.30
     7  (burglary in the first degree); section 145.00 (criminal mischief in the
     8  fourth degree); section 145.05 (criminal mischief in the third  degree);
     9  section  145.10 (criminal mischief in the second degree); section 145.12
    10  (criminal mischief  in  the  first  degree);  section  145.14  (criminal
    11  tampering in the third degree); section 215.50 (criminal contempt in the
    12  second  degree); section 215.51 (criminal contempt in the first degree);
    13  section 215.52 (aggravated criminal contempt); section  240.25  (harass-
    14  ment  in  the  first  degree);  subdivision  one, two or four of section
    15  240.30 (aggravated harassment in the second degree);  aggravated  family
    16  offense  as  defined  in  this  section  or any attempt or conspiracy to
    17  commit any of the foregoing offenses where the defendant and the  person
    18  against  whom  the offense was committed were members of the same family
    19  or household as defined in subdivision one  of  section  530.11  of  the
    20  criminal procedure law.
    21    §  19. Section 255.26 of the penal law, as added by chapter 320 of the
    22  laws of 2006, is amended to read as follows:
    23  § 255.26 Incest in the second degree.
    24    A person is guilty of incest in the  second  degree  when  he  or  she
    25  commits  the  crime  of rape in the second degree, as defined in section
    26  130.30 of this part, [or criminal sexual act in the  second  degree,  as
    27  defined in section 130.45 of this part,] against a person whom he or she
    28  knows  to  be related to him or her, whether through marriage or not, as
    29  an ancestor, descendant, brother or sister of either the  whole  or  the
    30  half blood, uncle, aunt, nephew or niece.
    31    Incest in the second degree is a class D felony.
    32    §  20. Section 255.27 of the penal law, as added by chapter 320 of the
    33  laws of 2006, is amended to read as follows:
    34  § 255.27 Incest in the first degree.
    35    A person is guilty of incest in  the  first  degree  when  he  or  she
    36  commits  the  crime of rape in the first degree, as defined in paragraph
    37  (c) or (d) of subdivision [three or four] one, paragraph (c) or  (d)  of
    38  subdivision two and paragraph (c) or (d) of subdivision three of section
    39  130.35  of  this  part[,  or criminal sexual act in the first degree, as
    40  defined in subdivision three or four of section 130.50  of  this  part,]
    41  against  a  person  whom  he  or  she knows to be related to him or her,
    42  whether through marriage or not, as an ancestor, descendant, brother  or
    43  sister of either the whole or half blood, uncle, aunt, nephew or niece.
    44    Incest in the first degree is a class B felony.
    45    §  21. Subdivision 3 of section 485.05 of the penal law, as amended by
    46  section 9 of part NN of chapter 55 of the laws of 2018,  is  amended  to
    47  read as follows:
    48    3. A "specified offense" is an offense defined by any of the following
    49  provisions  of  this  chapter:  section  120.00  (assault  in  the third
    50  degree); section 120.05 (assault in the second degree);  section  120.10
    51  (assault in the first degree); section 120.12 (aggravated assault upon a
    52  person  less  than  eleven  years  old); section 120.13 (menacing in the
    53  first degree); section 120.14 (menacing in the second  degree);  section
    54  120.15  (menacing  in the third degree); section 120.20 (reckless endan-
    55  germent in the second degree); section 120.25 (reckless endangerment  in
    56  the  first degree); section 121.12 (strangulation in the second degree);

        A. 794--A                           9
     1  section 121.13 (strangulation in the first degree); subdivision  one  of
     2  section 125.15 (manslaughter in the second degree); subdivision one, two
     3  or  four  of  section 125.20 (manslaughter in the first degree); section
     4  125.25  (murder  in  the second degree); section 120.45 (stalking in the
     5  fourth degree); section 120.50 (stalking in the third  degree);  section
     6  120.55  (stalking in the second degree); section 120.60 (stalking in the
     7  first degree); paragraph (a) of subdivision one, paragraph (a) of subdi-
     8  vision two and paragraph (a) of  subdivision  three  of  section  130.35
     9  (rape  in the first degree); subdivision one of section 130.50 (criminal
    10  sexual act in the first  degree);  subdivision  one  of  section  130.65
    11  (sexual  abuse in the first degree); paragraph (a) of subdivision one of
    12  section 130.67 (aggravated sexual abuse in the second degree); paragraph
    13  (a) of subdivision one of section 130.70 (aggravated sexual abuse in the
    14  first degree); section  135.05  (unlawful  imprisonment  in  the  second
    15  degree);  section  135.10  (unlawful  imprisonment in the first degree);
    16  section  135.20  (kidnapping  in  the  second  degree);  section  135.25
    17  (kidnapping  in the first degree); section 135.60 (coercion in the third
    18  degree); section 135.61 (coercion in the second degree); section  135.65
    19  (coercion in the first degree); section 140.10 (criminal trespass in the
    20  third  degree); section 140.15 (criminal trespass in the second degree);
    21  section 140.17 (criminal trespass in the first degree);  section  140.20
    22  (burglary  in  the third degree); section 140.25 (burglary in the second
    23  degree); section 140.30 (burglary in the first degree);  section  145.00
    24  (criminal  mischief  in  the  fourth  degree);  section 145.05 (criminal
    25  mischief in the third degree); section 145.10 (criminal mischief in  the
    26  second  degree); section 145.12 (criminal mischief in the first degree);
    27  section 150.05 (arson in the fourth degree); section  150.10  (arson  in
    28  the  third degree); section 150.15 (arson in the second degree); section
    29  150.20 (arson in the first  degree);  section  155.25  (petit  larceny);
    30  section  155.30  (grand  larceny  in  the fourth degree); section 155.35
    31  (grand larceny in the third degree); section 155.40  (grand  larceny  in
    32  the  second degree); section 155.42 (grand larceny in the first degree);
    33  section 160.05 (robbery in the third degree); section 160.10 (robbery in
    34  the second degree);  section  160.15  (robbery  in  the  first  degree);
    35  section 240.25 (harassment in the first degree); subdivision one, two or
    36  four  of section 240.30 (aggravated harassment in the second degree); or
    37  any attempt or conspiracy to commit any of the foregoing offenses.
    38    § 22. Subdivision 42 of section 1.20 of the criminal procedure law, as
    39  amended by chapter 7 of the laws of 2007, is amended to read as follows:
    40    42. "Juvenile offender" means (1) a person, thirteen years old who  is
    41  criminally responsible for acts constituting murder in the second degree
    42  as  defined  in  subdivisions one and two of section 125.25 of the penal
    43  law, or such conduct as a sexually motivated  felony,  where  authorized
    44  pursuant  to  section 130.91 of the penal law; and (2) a person fourteen
    45  or fifteen years old who is criminally responsible for acts constituting
    46  the crimes defined in subdivisions one and two of section 125.25 (murder
    47  in the second degree) and in subdivision three of such section  provided
    48  that  the  underlying  crime for the murder charge is one for which such
    49  person is criminally responsible;  section  135.25  (kidnapping  in  the
    50  first  degree); 150.20 (arson in the first degree); subdivisions one and
    51  two of section 120.10 (assault in the first degree); 125.20 (manslaught-
    52  er in the first degree); [subdivisions one and] paragraphs (a)  and  (b)
    53  of  subdivision one, paragraphs (a) and (b) of subdivision two and para-
    54  graphs (a) and (b) of subdivision three of section 130.35 (rape  in  the
    55  first  degree);  [subdivisions  one  and two of section 130.50 (criminal
    56  sexual act in the first degree);] 130.70 (aggravated sexual abuse in the

        A. 794--A                          10
     1  first degree); 140.30 (burglary in the first degree); subdivision one of
     2  section 140.25 (burglary in the second degree);  150.15  (arson  in  the
     3  second degree); 160.15 (robbery in the first degree); subdivision two of
     4  section  160.10  (robbery  in  the  second  degree) of the penal law; or
     5  section 265.03 of the penal law, where such machine gun or such  firearm
     6  is possessed on school grounds, as that phrase is defined in subdivision
     7  fourteen of section 220.00 of the penal law; or defined in the penal law
     8  as an attempt to commit murder in the second degree or kidnapping in the
     9  first  degree,  or  such  conduct  as a sexually motivated felony, where
    10  authorized pursuant to section 130.91 of the penal law.
    11    § 23. Paragraphs (a) and (b) of subdivision 1, the  opening  paragraph
    12  of subdivision 2 and paragraph (a) of subdivision 3 of section 140.20 of
    13  the  criminal  procedure law, paragraphs (a) and (b) of subdivision 1 as
    14  amended by chapter 324 of the laws of 1988,  the  opening  paragraph  of
    15  subdivision  2  and paragraph (a) of subdivision 3 as amended by chapter
    16  550 of the laws of 1987, are amended to read as follows:
    17    (a) If the arrest is for an offense other than a class A, B,  C  or  D
    18  felony  or  a  violation  of  section  130.25, [130.40,] 205.10, 205.17,
    19  205.19 or 215.56 of the penal law committed in a  town,  but  not  in  a
    20  village  thereof having a village court, and the town court of such town
    21  is not available at the time, the arrested person may be brought  before
    22  the local criminal court of any village within such town or, any adjoin-
    23  ing  town,  village embraced in whole or in part by such adjoining town,
    24  or city of the same county; and
    25    (b) If the arrest is for an offense other than a class A, B,  C  or  D
    26  felony  or  a  violation  of  section  130.25, [130.40,] 205.10, 205.17,
    27  205.19 or 215.56 of the penal  law  committed  in  a  village  having  a
    28  village  court and such court is not available at the time, the arrested
    29  person may be brought before the town court of the town  embracing  such
    30  village or any other village court within such town, or, if such town or
    31  village  court  is not available either, before the local criminal court
    32  of any adjoining town, village embraced in whole  or  in  part  by  such
    33  adjoining town, or city of the same county; and
    34    If the arrest is for an offense other than a class A, B, C or D felony
    35  or  a  violation  of section 130.25, [130.40,] 205.10, 205.17, 205.19 or
    36  215.56 of the penal law, the arrested person need not be brought  before
    37  a local criminal court as provided in subdivision one, and the procedure
    38  may instead be as follows:
    39    (a) the arrest is for an offense other than a class A, B, C or D felo-
    40  ny or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or
    41  215.56 of the penal law, and
    42    §  24.  Paragraph  (a)  of  subdivision 3 and the opening paragraph of
    43  subdivision 4 of section  140.27  of  the  criminal  procedure  law,  as
    44  amended  by  chapter  550  of  the  laws of 1987, are amended to read as
    45  follows:
    46    (a) the arrest is for an offense other than a class A, B, C or D felo-
    47  ny or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or
    48  215.56 of the penal law and
    49    If the arrest is for an offense other than a class A, B, C or D felony
    50  or a violation of section 130.25, [130.40,] 205.10,  205.17,  205.19  or
    51  215.56  of the penal law, the arrested person need not be brought before
    52  a local criminal court as provided in subdivision two, and the procedure
    53  may instead be as follows:
    54    § 25. Paragraph (a) of subdivision 2  and  the  opening  paragraph  of
    55  subdivision  3  of  section  140.40  of  the  criminal procedure law, as

        A. 794--A                          11
     1  amended by chapter 550 of the laws of  1987,  are  amended  to  read  as
     2  follows:
     3    (a) the arrest is for an offense other than a class A, B, C or D felo-
     4  ny or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or
     5  215.56 of the penal law and
     6    If the arrest is for an offense other than a class A, B, C or D felony
     7  or  a  violation  of section 130.25, [130.40,] 205.10, 205.17, 205.19 or
     8  215.56 of the penal law, the arrested person need not be brought  before
     9  a  local  criminal court, as provided in subdivision one, and the proce-
    10  dure may instead be as follows:
    11    § 26. Section 150.20 of the criminal procedure law, subdivisions 1,  2
    12  and  3 as amended by chapter 550 of the laws of 1987, is amended to read
    13  as follows:
    14  § 150.20 Appearance ticket; when and by whom issuable.
    15    1. Whenever a police officer is authorized pursuant to section  140.10
    16  to  arrest  a person without a warrant for an offense other than a class
    17  A, B, C or D felony or a violation of section 130.25, [130.40,]  205.10,
    18  205.17,  205.19  or  215.56  of  the  penal  law, he may, subject to the
    19  provisions of subdivisions three and four  of  section  150.40,  instead
    20  issue to and serve upon such person an appearance ticket.
    21    2.  (a)    Whenever  a  police officer has arrested a person without a
    22  warrant for an offense other than a class A, B,  C  or  D  felony  or  a
    23  violation  of section 130.25, [130.40,] 205.10, 205.17, 205.19 or 215.56
    24  of the penal law pursuant to section 140.10,   or (b) whenever  a  peace
    25  officer, who is not authorized by law to issue an appearance ticket, has
    26  arrested  a person for an offense other than a class A, B, C or D felony
    27  or a violation of section 130.25, [130.40,] 205.10,  205.17,  205.19  or
    28  215.56  of the penal law pursuant to section 140.25, and has requested a
    29  police officer to issue and serve upon such arrested person  an  appear-
    30  ance ticket pursuant to subdivision four of section 140.27, or (c) when-
    31  ever  a person has been arrested for an offense other than a class A, B,
    32  C or D felony or  a  violation  of  section  130.25,  [130.40,]  205.10,
    33  205.17,  205.19 or 215.56 of the penal law and has been delivered to the
    34  custody of an appropriate police officer  pursuant  to  section  140.40,
    35  such  police officer may, instead of bringing such person before a local
    36  criminal court and promptly filing or causing the arresting peace  offi-
    37  cer  or  arresting  person  to  file  a  local criminal court accusatory
    38  instrument therewith, issue to and serve upon such person an  appearance
    39  ticket.    The  issuance  and service of an appearance ticket under such
    40  circumstances may be conditioned upon a deposit of pre-arraignment bail,
    41  as provided in section 150.30.
    42    3. A public servant other than a  police  officer,  who  is  specially
    43  authorized  by state law or local law enacted pursuant to the provisions
    44  of the municipal home rule law to issue  and  serve  appearance  tickets
    45  with  respect to designated offenses other than class A, B, C or D felo-
    46  nies or violations of section 130.25, [130.40,] 205.10,  205.17,  205.19
    47  or  215.56  of  the  penal law, may in such cases issue and serve upon a
    48  person an appearance ticket when he has reasonable cause to believe that
    49  such person has committed a crime, or has committed a petty  offense  in
    50  his presence.
    51    § 27. Subdivision (a) of section 190.71 of the criminal procedure law,
    52  as  amended  by  chapter  7  of  the laws of 2007, is amended to read as
    53  follows:
    54    (a) Except as provided in subdivision six of section  200.20  of  this
    55  chapter,  a grand jury may not indict (i) a person thirteen years of age
    56  for any conduct or crime other than conduct constituting a crime defined

        A. 794--A                          12
     1  in subdivisions one and two of section  125.25  (murder  in  the  second
     2  degree) or such conduct as a sexually motivated felony, where authorized
     3  pursuant  to  section 130.91 of the penal law; (ii) a person fourteen or
     4  fifteen years of age for any conduct or crime other than conduct consti-
     5  tuting  a  crime  defined  in subdivisions one and two of section 125.25
     6  (murder in the second degree) and in subdivision three of  such  section
     7  provided  that  the  underlying  crime  for the murder charge is one for
     8  which such person is criminally responsible; 135.25 (kidnapping  in  the
     9  first  degree); 150.20 (arson in the first degree); subdivisions one and
    10  two of section 120.10 (assault in the first degree); 125.20 (manslaught-
    11  er in the first degree); [subdivisions one and] paragraphs (a)  and  (b)
    12  of  subdivision one, paragraphs (a) and (b) of subdivision two and para-
    13  graphs (a) and (b) of subdivision three of section 130.35 (rape  in  the
    14  first  degree);  [subdivisions  one  and two of section 130.50 (criminal
    15  sexual act in the first degree);] 130.70 (aggravated sexual abuse in the
    16  first degree); 140.30 (burglary in the first degree); subdivision one of
    17  section 140.25 (burglary in the second degree);  150.15  (arson  in  the
    18  second degree); 160.15 (robbery in the first degree); subdivision two of
    19  section  160.10 (robbery in the second degree) of the penal law; [subdi-
    20  vision four of section 265.02 of the penal law, where  such  firearm  is
    21  possessed  on  school  grounds, as that phrase is defined in subdivision
    22  fourteen of section 220.00 of the penal law;] or section 265.03  of  the
    23  penal law, where such machine gun or such firearm is possessed on school
    24  grounds,  as  that  phrase is defined in subdivision fourteen of section
    25  220.00 of the penal law; or defined in the penal law as  an  attempt  to
    26  commit murder in the second degree or kidnapping in the first degree, or
    27  such  conduct  as a sexually motivated felony, where authorized pursuant
    28  to section 130.91 of the penal law.
    29    § 28. Subdivision 4 of section 722.20 of the criminal  procedure  law,
    30  as  added  by section 1-a of part WWW of chapter 59 of the laws of 2017,
    31  is amended to read as follows:
    32    4. Notwithstanding the provisions of subdivisions  two  and  three  of
    33  this  section, the court shall, at the request of the district attorney,
    34  order removal of an action against a juvenile  offender  to  the  family
    35  court pursuant to the provisions of article seven hundred twenty-five of
    36  this  title if, upon consideration of the criteria specified in subdivi-
    37  sion two of section 722.22 of this article, it is determined that to  do
    38  so  would  be  in  the  interests of justice. Where, however, the felony
    39  complaint charges the juvenile offender with murder in the second degree
    40  as defined in section 125.25 of the penal law, rape in the first  degree
    41  as  defined in paragraph (a) of subdivision one, paragraph (a) of subdi-
    42  vision two and paragraph (a) of subdivision three of section  130.35  of
    43  the  penal  law,  [criminal sexual act in the first degree as defined in
    44  subdivision one of section 130.50 of the penal law,] or an armed  felony
    45  as  defined in paragraph (a) of subdivision forty-one of section 1.20 of
    46  this chapter, a determination that such action be removed to the  family
    47  court  shall, in addition, be based upon a finding of one or more of the
    48  following factors: (i) mitigating circumstances that bear directly  upon
    49  the manner in which the crime was committed; or (ii) where the defendant
    50  was not the sole participant in the crime, the defendant's participation
    51  was relatively minor although not so minor as to constitute a defense to
    52  the prosecution; or (iii) possible deficiencies in proof of the crime.
    53    §  29.  Subdivision 5 of section 722.21 of the criminal procedure law,
    54  as added by section 1-a of part WWW of chapter 59 of the laws  of  2017,
    55  is amended to read as follows:

        A. 794--A                          13
     1    5.  Notwithstanding subdivisions two and three of this section, at the
     2  request of the district attorney, the court shall order  removal  of  an
     3  action  against an adolescent offender charged with an offense listed in
     4  paragraph (a) of subdivision two of section 722.23 of this  article,  to
     5  the  family  court  pursuant  to the provisions of article seven hundred
     6  twenty-five of this title and upon consideration of the criteria  speci-
     7  fied  in subdivision two of section 722.22 of this article, it is deter-
     8  mined that to do so would be in the interests of justice. Where,  howev-
     9  er,  the felony complaint charges the adolescent offender with murder in
    10  the second degree as defined in section 125.25 of the penal law, rape in
    11  the first degree as defined in paragraph (a) of subdivision  one,  para-
    12  graph  (a)  of subdivision two and paragraph (a) of subdivision three of
    13  section 130.35 of the penal law,  [criminal  sexual  act  in  the  first
    14  degree  as  defined  in  subdivision  one of section 130.50 of the penal
    15  law,] or an armed felony as defined  in  paragraph  (a)  of  subdivision
    16  forty-one  of  section  1.20  of this chapter, a determination that such
    17  action be removed to the family court shall, in addition, be based  upon
    18  a  finding  of  one  or  more  of  the following factors: (i) mitigating
    19  circumstances that bear directly upon the manner in which the crime  was
    20  committed;  or  (ii) where the defendant was not the sole participant in
    21  the crime, the defendant's participation was relatively  minor  although
    22  not  so  minor  as  to constitute a defense to the prosecution; or (iii)
    23  possible deficiencies in proof of the crime.
    24    § 30. Paragraph (b) of subdivision 1 of section 722.22 of the criminal
    25  procedure law, as added by section 1-a of part WWW of chapter 59 of  the
    26  laws of 2017, is amended to read as follows:
    27    (b)  with  the  consent  of the district attorney, order removal of an
    28  action involving an indictment charging a juvenile offender with  murder
    29  in the second degree as defined in section 125.25 of the penal law; rape
    30  in  the  first  degree,  as defined in paragraph (a) of subdivision one,
    31  paragraph (a) of subdivision two and paragraph (a) of subdivision  three
    32  of  section  130.35  of the penal law[; criminal sexual act in the first
    33  degree, as defined in subdivision one of section  130.50  of  the  penal
    34  law];  or  an  armed  felony  as defined in paragraph (a) of subdivision
    35  forty-one of section 1.20 of this chapter, to the family court  pursuant
    36  to  the provisions of article seven hundred twenty-five of this title if
    37  the court finds one or more of the  following  factors:  (i)  mitigating
    38  circumstances  that bear directly upon the manner in which the crime was
    39  committed; (ii) where the defendant was not the sole participant in  the
    40  crime,  the  defendant's participation was relatively minor although not
    41  so minor as to constitute a defense to the prosecution; or (iii)  possi-
    42  ble  deficiencies in the proof of the crime, and, after consideration of
    43  the factors set forth in subdivision two  of  this  section,  the  court
    44  determined  that  removal  of the action to the family court would be in
    45  the interests of justice.
    46    § 31. Subparagraph (iii) of paragraph (g) of subdivision 5 of  section
    47  220.10  of  the criminal procedure law, as amended by chapter 264 of the
    48  laws of 2003, is amended to read as follows:
    49    (iii) Where the indictment  does  not  charge  a  crime  specified  in
    50  subparagraph  (i) of this paragraph, the district attorney may recommend
    51  removal of the action to the family court. Upon making such  recommenda-
    52  tion  the district attorney shall submit a subscribed memorandum setting
    53  forth: (1) a recommendation that the interests of justice would best  be
    54  served  by  removal  of  the  action to the family court; and (2) if the
    55  indictment charges a thirteen year old with the crime of murder  in  the
    56  second degree, or a fourteen or fifteen year old with the crimes of rape

        A. 794--A                          14
     1  in  the  first  degree  as  defined in paragraph (a) of subdivision one,
     2  paragraph (a) of subdivision two and paragraph (a) of subdivision  three
     3  of section 130.35 of the penal law, [or criminal sexual act in the first
     4  degree  as  defined  in  subdivision  one of section 130.50 of the penal
     5  law,] or an armed felony as defined  in  paragraph  (a)  of  subdivision
     6  forty-one  of section 1.20 of this chapter specific factors, one or more
     7  of which reasonably supports the recommendation, showing, (i) mitigating
     8  circumstances that bear directly upon the manner in which the crime  was
     9  committed,  or  (ii) where the defendant was not the sole participant in
    10  the crime, that  the  defendant's  participation  was  relatively  minor
    11  although  not so minor as to constitute a defense to the prosecution, or
    12  (iii) possible deficiencies in proof of the crime,  or  (iv)  where  the
    13  juvenile  offender  has  no previous adjudications of having committed a
    14  designated felony act, as defined in subdivision eight of section  301.2
    15  of  the  family  court act, regardless of the age of the offender at the
    16  time of commission of the act, that the criminal act was not part  of  a
    17  pattern  of  criminal behavior and, in view of the history of the offen-
    18  der, is not likely to be repeated.
    19    § 32. Subdivision 6 of section 300.50 of the criminal  procedure  law,
    20  as  amended  by  chapter  264 of the laws of 2003, is amended to read as
    21  follows:
    22    6. For purposes of this section, the offenses of  rape  in  the  third
    23  degree  as  defined in [subdivision three] subdivisions seven, eight and
    24  nine of section 130.25 of the penal law [and criminal sexual act in  the
    25  third  degree  as  defined in subdivision three of section 130.40 of the
    26  penal law], are not lesser  included  offenses  of  rape  in  the  first
    27  degree[,  criminal sexual act in the first degree] or any other offense.
    28  Notwithstanding the foregoing, either such offense may be submitted as a
    29  lesser included offense of the applicable first degree offense when  (i)
    30  there is a reasonable view of the evidence which would support a finding
    31  that  the defendant committed such lesser offense but did not commit the
    32  greater offense, and (ii) both parties consent to its submission.
    33    § 32-a. Subdivision 6 of section 380.50 of the criminal procedure law,
    34  as separately amended by chapters 368 and 394 of the laws  of  2015,  is
    35  amended to read as follows:
    36    6.  Regardless of whether the victim requests to make a statement with
    37  regard to the defendant's sentence, where the defendant is sentenced for
    38  a violent felony offense as defined in section 70.02 of the penal law or
    39  a felony defined in article one hundred twenty-five of such law  or  any
    40  of  the  following  provisions  of  such  law  sections  130.25, 130.30,
    41  [130.40, 130.45,] 255.25, 255.26, 255.27,  article  two  hundred  sixty-
    42  three,  135.10, 135.25, 230.05, 230.06, 230.11, 230.12, 230.13, subdivi-
    43  sion two of section 230.30 or 230.32, the prosecutor shall, within sixty
    44  days of the imposition of sentence, provide  the  victim  with  a  form,
    45  prepared and distributed by the commissioner of the division of criminal
    46  justice  services,  in  consultation  with the director of the office of
    47  victim services, on which  the  victim  may  indicate  a  demand  to  be
    48  informed  of  any  petition  to  change the name of such defendant. Such
    49  forms shall be maintained by such prosecutor. Upon receipt of  a  notice
    50  of  a  petition  to  change  the name of any such defendant, pursuant to
    51  subdivision two of section sixty-two of the civil rights law, the prose-
    52  cutor shall promptly notify the victim at the most  current  address  or
    53  telephone  number  provided  by  such  victim in the most reasonable and
    54  expedient possible manner of the time and place such  petition  will  be
    55  presented to the court.

        A. 794--A                          15
     1    § 33. Paragraph (b) of subdivision 8 of section 700.05 of the criminal
     2  procedure  law,  as amended by chapter 1 of the laws of 2019, is amended
     3  to read as follows:
     4    (b)  Any  of  the  following felonies: assault in the second degree as
     5  defined in section 120.05 of the penal law, assault in the first  degree
     6  as  defined in section 120.10 of the penal law, reckless endangerment in
     7  the first degree as defined in section 120.25 of the penal law,  promot-
     8  ing  a  suicide  attempt  as defined in section 120.30 of the penal law,
     9  strangulation in the second degree as defined in section 121.12  of  the
    10  penal  law,  strangulation  in  the  first  degree as defined in section
    11  121.13 of the penal law, criminally negligent  homicide  as  defined  in
    12  section  125.10  of  the penal law, manslaughter in the second degree as
    13  defined in section 125.15 of the penal law, manslaughter  in  the  first
    14  degree  as  defined  in  section  125.20 of the penal law, murder in the
    15  second degree as defined in section 125.25 of the penal law,  murder  in
    16  the  first degree as defined in section 125.27 of the penal law, rape in
    17  the third degree as defined in section 130.25 of the penal law, rape  in
    18  the second degree as defined in section 130.30 of the penal law, rape in
    19  the  first degree as defined in section 130.35 of the penal law, [crimi-
    20  nal sexual act in the third degree as defined in section 130.40  of  the
    21  penal  law,  criminal  sexual  act  in  the  second degree as defined in
    22  section 130.45 of the penal law, criminal sexual act in the first degree
    23  as defined in section 130.50 of the penal  law,]  sexual  abuse  in  the
    24  first  degree  as  defined  in section 130.65 of the penal law, unlawful
    25  imprisonment in the first degree as defined in  section  135.10  of  the
    26  penal  law, kidnapping in the second degree as defined in section 135.20
    27  of the penal law, kidnapping in the first degree as defined  in  section
    28  135.25  of the penal law, labor trafficking as defined in section 135.35
    29  of the penal law, aggravated labor trafficking  as  defined  in  section
    30  135.37  of  the penal law, custodial interference in the first degree as
    31  defined in section 135.50 of the penal law, coercion in the first degree
    32  as defined in section 135.65 of the penal law, criminal trespass in  the
    33  first  degree as defined in section 140.17 of the penal law, burglary in
    34  the third degree as defined in section 140.20 of the penal law, burglary
    35  in the second degree as defined in section  140.25  of  the  penal  law,
    36  burglary  in  the first degree as defined in section 140.30 of the penal
    37  law, criminal mischief in the third degree as defined in section  145.05
    38  of  the  penal law, criminal mischief in the second degree as defined in
    39  section 145.10 of the penal law, criminal mischief in the  first  degree
    40  as defined in section 145.12 of the penal law, criminal tampering in the
    41  first degree as defined in section 145.20 of the penal law, arson in the
    42  fourth  degree  as  defined in section 150.05 of the penal law, arson in
    43  the third degree as defined in section 150.10 of the penal law, arson in
    44  the second degree as defined in section 150.15 of the penal  law,  arson
    45  in the first degree as defined in section 150.20 of the penal law, grand
    46  larceny  in  the fourth degree as defined in section 155.30 of the penal
    47  law, grand larceny in the third degree as defined in section  155.35  of
    48  the  penal law, grand larceny in the second degree as defined in section
    49  155.40 of the penal law, grand larceny in the first degree as defined in
    50  section 155.42 of the penal law, health care fraud in the fourth  degree
    51  as  defined in section 177.10 of the penal law, health care fraud in the
    52  third degree as defined in section 177.15 of the penal law, health  care
    53  fraud  in  the  second  degree as defined in section 177.20 of the penal
    54  law, health care fraud in the first degree as defined in section  177.25
    55  of  the  penal  law,  robbery  in the third degree as defined in section
    56  160.05 of the penal law, robbery in the  second  degree  as  defined  in

        A. 794--A                          16
     1  section  160.10 of the penal law, robbery in the first degree as defined
     2  in section 160.15 of the penal law, unlawful use  of  secret  scientific
     3  material  as  defined  in  section  165.07  of  the  penal law, criminal
     4  possession of stolen property in the fourth degree as defined in section
     5  165.45  of  the penal law, criminal possession of stolen property in the
     6  third degree as defined in section 165.50 of  the  penal  law,  criminal
     7  possession of stolen property in the second degree as defined by section
     8  165.52  of  the penal law, criminal possession of stolen property in the
     9  first degree as defined by section 165.54 of the  penal  law,  trademark
    10  counterfeiting  in the second degree as defined in section 165.72 of the
    11  penal law, trademark counterfeiting in the first degree  as  defined  in
    12  section 165.73 of the penal law, forgery in the second degree as defined
    13  in  section  170.10  of  the  penal  law, forgery in the first degree as
    14  defined in section 170.15 of the penal law,  criminal  possession  of  a
    15  forged  instrument  in the second degree as defined in section 170.25 of
    16  the penal law, criminal possession of a forged instrument in  the  first
    17  degree  as  defined  in  section  170.30  of  the  penal  law,  criminal
    18  possession of forgery devices as defined in section 170.40 of the  penal
    19  law,  falsifying  business  records  in  the  first degree as defined in
    20  section 175.10 of the penal law, tampering with public  records  in  the
    21  first  degree  as defined in section 175.25 of the penal law, offering a
    22  false instrument for filing in the first degree as  defined  in  section
    23  175.35  of  the  penal  law,  issuing  a false certificate as defined in
    24  section 175.40 of the penal  law,  criminal  diversion  of  prescription
    25  medications and prescriptions in the second degree as defined in section
    26  178.20  of the penal law, criminal diversion of prescription medications
    27  and prescriptions in the first degree as defined in  section  178.25  of
    28  the  penal  law,  residential  mortgage  fraud  in  the fourth degree as
    29  defined in section 187.10 of the penal law, residential  mortgage  fraud
    30  in the third degree as defined in section 187.15 of the penal law, resi-
    31  dential mortgage fraud in the second degree as defined in section 187.20
    32  of  the  penal  law,  residential  mortgage fraud in the first degree as
    33  defined in section 187.25 of the penal law, escape in the second  degree
    34  as  defined  in  section  205.10  of  the penal law, escape in the first
    35  degree as defined in section 205.15 of the penal  law,  absconding  from
    36  temporary  release  in  the first degree as defined in section 205.17 of
    37  the penal law, promoting  prison  contraband  in  the  first  degree  as
    38  defined in section 205.25 of the penal law, hindering prosecution in the
    39  second  degree  as defined in section 205.60 of the penal law, hindering
    40  prosecution in the first degree as defined  in  section  205.65  of  the
    41  penal  law,  sex  trafficking  as defined in section 230.34 of the penal
    42  law, sex trafficking of a child as defined in section  230.34-a  of  the
    43  penal  law,  criminal  possession  of  a  weapon  in the third degree as
    44  defined in subdivisions two, three and five of  section  265.02  of  the
    45  penal  law,  criminal  possession  of  a  weapon in the second degree as
    46  defined in section 265.03 of the penal law,  criminal  possession  of  a
    47  weapon  in  the  first  degree as defined in section 265.04 of the penal
    48  law, manufacture, transport, disposition and defacement of  weapons  and
    49  dangerous instruments and appliances defined as felonies in subdivisions
    50  one, two, and three of section 265.10 of the penal law, sections 265.11,
    51  265.12  and  265.13  of  the  penal law, or prohibited use of weapons as
    52  defined in subdivision two of section 265.35 of the penal law,  relating
    53  to  firearms  and  other  dangerous  weapons, or failure to disclose the
    54  origin of a recording in the first degree as defined in  section  275.40
    55  of the penal law;

        A. 794--A                          17
     1    § 34. Paragraph (a) of subdivision 2 of section 720.10 of the criminal
     2  procedure law, as amended by chapter 316 of the laws of 2006, is amended
     3  to read as follows:
     4    (a)  the  conviction  to be replaced by a youthful offender finding is
     5  for (i) a class A-I or class A-II felony, or (ii)  an  armed  felony  as
     6  defined  in subdivision forty-one of section 1.20, except as provided in
     7  subdivision three, or (iii) rape in the first degree[,  criminal  sexual
     8  act in the first degree,] or aggravated sexual abuse, except as provided
     9  in subdivision three, or
    10    §  35. Paragraph (a) of subdivision 2 and paragraph (a) of subdivision
    11  3 of section 168-a of the correction law, paragraph (a) of subdivision 2
    12  as amended by chapter 405 of the laws of 2008, subparagraph (i) of para-
    13  graph (a) of subdivision 2 as amended by chapter 189 of the laws of 2018
    14  and paragraph (a) of subdivision 3 as amended by chapter 107 of the laws
    15  of 2006, are amended to read as follows:
    16    (a) (i) a conviction of or a conviction for an attempt to  commit  any
    17  of  the  provisions of sections 120.70, 130.20, 130.25, 130.30, [130.40,
    18  130.45,] 130.60, 230.34, 230.34-a 250.50, 255.25, 255.26 and  255.27  or
    19  article  two  hundred  sixty-three  of the penal law, or section 135.05,
    20  135.10, 135.20 or 135.25 of such law relating  to  kidnapping  offenses,
    21  provided  the  victim of such kidnapping or related offense is less than
    22  seventeen years old and the offender is not the parent of the victim, or
    23  section 230.04, where the person patronized is in fact less than  seven-
    24  teen  years  of age, 230.05, 230.06, 230.11, 230.12, 230.13, subdivision
    25  two of section 230.30, section 230.32, 230.33, or 230.34  of  the  penal
    26  law,  or section 230.25 of the penal law where the person prostituted is
    27  in fact less than seventeen years old, or (ii)  a  conviction  of  or  a
    28  conviction  for  an  attempt  to commit any of the provisions of section
    29  235.22 of the penal law, or (iii) a conviction of or a conviction for an
    30  attempt to commit any provisions of the foregoing sections committed  or
    31  attempted  as a hate crime defined in section 485.05 of the penal law or
    32  as a crime of terrorism defined in section 490.25 of such law  or  as  a
    33  sexually motivated felony defined in section 130.91 of such law; or
    34    (a)  (i)  a conviction of or a conviction for an attempt to commit any
    35  of the provisions of sections 130.35, [130.50,] 130.65, 130.66,  130.67,
    36  130.70,  130.75,  130.80,  130.95 and 130.96 of the penal law, or (ii) a
    37  conviction of or a conviction for  an  attempt  to  commit  any  of  the
    38  provisions  of sections 130.53, 130.65-a and 130.90 of the penal law, or
    39  (iii) a conviction of or a conviction  for  an  attempt  to  commit  any
    40  provisions  of  the  foregoing sections committed or attempted as a hate
    41  crime defined in section 485.05 of the  penal  law  or  as  a  crime  of
    42  terrorism defined in section 490.25 of such law; or
    43    §  36.  Subparagraph (ii) of paragraph (a), subparagraphs (i) and (ii)
    44  of paragraph (b) and paragraph (e) of subdivision 8 of section 384-b  of
    45  the social services law, subparagraph (ii) of paragraph (a) and subpara-
    46  graph  (i)  of  paragraph  (b)  as amended by chapter 430 of the laws of
    47  2013, subparagraph (ii) of paragraph (b) as amended and paragraph (e) as
    48  added by chapter 7 of the laws of 1999, are amended to read as follows:
    49    (ii) the child has been found to be an abused  child,  as  defined  in
    50  paragraph  (iii) of subdivision (e) of section ten hundred twelve of the
    51  family court act, as a result of such parent's acts; provided,  however,
    52  the  respondent must have committed or knowingly allowed to be committed
    53  a felony sex offense as defined  in  sections  130.25,  130.30,  130.35,
    54  [130.40, 130.45, 130.50,] 130.65, 130.67, 130.70, 130.75, 130.80, 130.95
    55  and  130.96  of  the penal law and, for the purposes of this section the

        A. 794--A                          18
     1  corroboration requirements contained in the penal law shall not apply to
     2  proceedings under this section; or
     3    (i)  the child has been found to be an abused child, (A) as defined in
     4  paragraph (i) of subdivision (e) of section ten hundred  twelve  of  the
     5  family  court  act, as a result of such parent's acts; or (B) as defined
     6  in paragraph (iii) of subdivision (e) of section ten hundred  twelve  of
     7  the  family  court  act,  as  a  result of such parent's acts; provided,
     8  however, the respondent must have committed or knowingly allowed  to  be
     9  committed  a  felony  sex offense as defined in sections 130.25, 130.30,
    10  130.35,  [130.40,  130.45,  130.50,]  130.65,  130.67,  130.70,  130.75,
    11  130.80, 130.95 and 130.96 of the penal law; and
    12    (ii)  (A)  the child or another child for whose care such parent is or
    13  has been legally responsible has been previously found, within the  five
    14  years  immediately  preceding  the initiation of the proceeding in which
    15  such abuse is found, to be an abused child, as defined in paragraph  (i)
    16  or  (iii) of subdivision (e) of section ten hundred twelve of the family
    17  court act, as a result of such parent's acts; provided, however, in  the
    18  case  of a finding of abuse as defined in paragraph (iii) of subdivision
    19  (e) of section ten hundred twelve of the family court act the respondent
    20  must have committed or knowingly allowed to be committed  a  felony  sex
    21  offense  as defined in sections 130.25, 130.30, 130.35, [130.40, 130.45,
    22  130.50,] 130.65, 130.67, 130.70, 130.75 and 130.80 of the penal law,  or
    23  (B)  the  parent  has  been  convicted  of a crime under section 130.25,
    24  130.30, 130.35, [130.40, 130.45, 130.50,] 130.65, 130.67, 130.70, 130.75
    25  or 130.80 of the penal law against the child, a sibling of the child  or
    26  another  child for whose care such parent is or has been legally respon-
    27  sible, within the five year period immediately preceding the  initiation
    28  of the proceeding in which abuse is found; and
    29    (e) A determination by the court in accordance with article ten of the
    30  family  court  act based upon clear and convincing evidence that a child
    31  was abused (A) as defined in paragraph (i) of subdivision (e) of section
    32  ten hundred twelve of the family court act, as a result of such parent's
    33  acts; or (B) as defined in paragraph (iii) of subdivision (e) of section
    34  ten hundred twelve of the family court act, as a result of such parent's
    35  acts; provided, however, the respondent must have committed or knowingly
    36  allowed to be committed a felony sex  offense  as  defined  in  sections
    37  130.25,  130.30,  130.35,  [130.40,  130.45,  130.50,]  130.65,  130.67,
    38  130.70, 130.75 and 130.80 of the penal  law  shall  establish  that  the
    39  child was an abused child for the purpose of a determination as required
    40  by subparagraph (i) or (ii) of paragraph (b) of this subdivision. Such a
    41  determination  by the court in accordance with article ten of the family
    42  court act based upon a fair preponderance of evidence shall be  admissi-
    43  ble in any proceeding commenced in accordance with this section.
    44    § 37. Paragraphs (a) and (b) of subdivision 4 of section 509-cc of the
    45  vehicle  and traffic law, paragraph (a) as amended by chapter 189 of the
    46  laws of 2018 and paragraph (b) as amended by chapter 400 of the laws  of
    47  2011, are amended to read as follows:
    48    (a)  The offenses referred to in subparagraph (ii) of paragraph (a) of
    49  subdivision one and paragraph (a) of subdivision  two  of  this  section
    50  that  result  in  permanent  disqualification shall include a conviction
    51  under sections 125.12, 125.13, 125.14, 125.15, 125.20,  125.21,  125.22,
    52  125.25,  125.26,  125.27,  130.30,  130.35,  [130.45,  130.50,]  130.65,
    53  130.66, 130.67, 130.70, 130.75, 130.80, 130.90, 130.95, 130.96,  135.25,
    54  150.20,  230.30,  230.32,  230.34,  230.34-a,  235.22,  263.05,  263.10,
    55  263.11, 263.15, 263.16 of the penal law or an attempt to commit  any  of
    56  the  aforesaid  offenses  under  section 110.00 of the penal law, or any

        A. 794--A                          19
     1  offenses committed under a former section of the penal law  which  would
     2  constitute violations of the aforesaid sections of the penal law, or any
     3  offenses  committed outside this state which would constitute violations
     4  of the aforesaid sections of the penal law.
     5    (b)  The offenses referred to in subparagraph (ii) of paragraph (a) of
     6  subdivision one and paragraph (b) of subdivision  two  of  this  section
     7  that  result  in  permanent  disqualification shall include a conviction
     8  under sections 100.13, 105.15, 105.17, 115.08, 120.12,  120.70,  125.10,
     9  125.11,  [130.40,]  130.53,  130.60,  130.65-a,  135.20, 160.15, 220.18,
    10  220.21, 220.39, 220.41, 220.43, 220.44, 230.25, 260.00,  265.04  of  the
    11  penal  law  or  an attempt to commit any of the aforesaid offenses under
    12  section 110.00 of the penal law,  or  any  offenses  committed  under  a
    13  former section of the penal law which would constitute violations of the
    14  aforesaid  sections  of the penal law, or any offenses committed outside
    15  this state which would constitute violations of the  aforesaid  sections
    16  of the penal law.
    17    §  38.  Subdivision  (b)  of  section  117 of the family court act, as
    18  amended by chapter 7 of the laws of 2007, is amended to read as follows:
    19    (b) For every juvenile  delinquency  proceeding  under  article  three
    20  involving  an  allegation of an act committed by a person which, if done
    21  by an adult, would be a crime (i) defined in sections 125.27 (murder  in
    22  the first degree); 125.25 (murder in the second degree); 135.25 (kidnap-
    23  ping  in the first degree); or 150.20 (arson in the first degree) of the
    24  penal law committed by a person thirteen, fourteen or fifteen  years  of
    25  age;  or  such  conduct  committed as a sexually motivated felony, where
    26  authorized pursuant to section 130.91 of the penal law; (ii) defined  in
    27  sections  120.10  (assault in the first degree); 125.20 (manslaughter in
    28  the first degree); 130.35 (rape in the first degree); [130.50  (criminal
    29  sexual  act  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 clause (i), (ii) or (iii) of this subdivision regardless of
    55  the age of such person at the time of the commission of the  prior  act;
    56  or  (vi)  other than a misdemeanor, committed by a person at least seven

        A. 794--A                          20
     1  but less than sixteen years of age, but only where there  has  been  two
     2  prior  findings  by the court that such person has committed a prior act
     3  which, if committed by an adult would be a felony:
     4    (i) There is hereby established in the family court in the city of New
     5  York at least one "designated felony act part." Such part or parts shall
     6  be held separate from all other proceedings of the court, and shall have
     7  jurisdiction over all proceedings involving such an allegation. All such
     8  proceedings  shall  be originated in or be transferred to this part from
     9  other parts as they are made known to the court.
    10    (ii) Outside the city of New York, all proceedings involving  such  an
    11  allegation  shall  have a hearing preference over every other proceeding
    12  in the court, except proceedings under article ten.
    13    § 39. Paragraph (ii) of subdivision 8 of section 301.2 of  the  family
    14  court  act,  as  amended  by section 57 of part WWW of chapter 59 of the
    15  laws of 2017, is amended to read as follows:
    16    (ii) defined in sections 120.10 (assault in the first degree);  125.20
    17  (manslaughter  in  the first degree); 130.35 (rape in the first degree);
    18  [130.50 (criminal sexual act in the first degree);]  130.70  (aggravated
    19  sexual  abuse  in  the  first  degree); 135.20 (kidnapping in the second
    20  degree) but only where the abduction involved the use or threat  of  use
    21  of  deadly physical force; 150.15 (arson in the second degree) or 160.15
    22  (robbery in the first degree) of the penal law  committed  by  a  person
    23  thirteen,  fourteen,  fifteen, or sixteen, or, commencing October first,
    24  two thousand nineteen, seventeen years of age; or such conduct committed
    25  as a sexually motivated felony, where  authorized  pursuant  to  section
    26  130.91 of the penal law;
    27    §  40.  Subdivision  4  of  section  308.1 of the family court act, as
    28  amended by chapter 264 of the laws  of  2003,  is  amended  to  read  as
    29  follows:
    30    4.  The  probation  service shall not adjust a case in which the child
    31  has allegedly committed a delinquent act which would be a crime  defined
    32  in  section 120.25, (reckless endangerment in the first degree), [subdi-
    33  vision one of section  125.15,  (manslaughter  in  the  second  degree),
    34  subdivision] subdivisions one, two and three of section 130.25, (rape in
    35  the  third degree), [subdivision one of section 130.40, (criminal sexual
    36  act in the third degree),] subdivision one or  two  of  section  130.65,
    37  (sexual  abuse  in  the  first degree), section 135.65, (coercion in the
    38  first degree), section 140.20, (burglary in the third  degree),  section
    39  150.10,  (arson  in  the  third degree), section 160.05, (robbery in the
    40  third degree), subdivision two, three or four of section 265.02, (crimi-
    41  nal possession of a weapon in the third degree), section 265.03, (crimi-
    42  nal possession of a weapon in the second  degree),  or  section  265.04,
    43  (criminal  possession  of a dangerous weapon in the first degree) of the
    44  penal law where the child has previously had one or more adjustments  of
    45  a  case  in which such child allegedly committed an act which would be a
    46  crime specified in this  subdivision  unless  it  has  received  written
    47  approval from the court and the appropriate presentment agency.
    48    §  41.  Subdivision  (c)  of  section 1052 of the family court act, as
    49  added by chapter 739 of the laws of 1981, is amended to read as follows:
    50    (c) Prior to granting an order of disposition pursuant to  subdivision
    51  (a) of this section following an adjudication of child abuse, as defined
    52  in  paragraph  (i)  of  subdivision (e) of section ten hundred twelve of
    53  this act or a finding of a felony sex offense  as  defined  in  sections
    54  130.25,  130.30,  130.35, [130.40, 130.45, 130.50,] 130.65 and 130.70 of
    55  the penal law, the court shall advise the respondent that any subsequent
    56  adjudication of child abuse, as defined in paragraph (i) of  subdivision

        A. 794--A                          21
     1  (e) of section one thousand twelve of this act or any subsequent finding
     2  of  a  felony  sex offense as defined in those sections of the penal law
     3  herein enumerated, arising out of acts of the respondent may  result  in
     4  the  commitment  of the guardianship and custody of the child or another
     5  child pursuant to section three  hundred  eighty-four-b  of  the  social
     6  services law. The order in such cases shall contain a statement that any
     7  subsequent  adjudication  of  child  abuse  or  finding  of a felony sex
     8  offense as described herein may result in the commitment of the  guardi-
     9  anship  and  custody  of the child, or another child pursuant to section
    10  three hundred eighty-four-b of the social services law.
    11    § 42. Subdivision 2 of section 61 of the civil rights law, as  amended
    12  by  section 54 of subpart B of part C of chapter 62 of the laws of 2011,
    13  is amended to read as follows:
    14    2. If the petitioner stands convicted of a violent felony  offense  as
    15  defined in section 70.02 of the penal law or a felony defined in article
    16  one  hundred  twenty-five of such law or any of the following provisions
    17  of such law sections 130.25, 130.30, [130.40, 130.45,]  255.25,  255.26,
    18  255.27, article two hundred sixty-three, 135.10, 135.25, 230.05, 230.06,
    19  subdivision  two  of section 230.30 or 230.32, and is currently confined
    20  as an inmate in any correctional facility or currently under the  super-
    21  vision  of  the department of corrections and community supervision or a
    22  county probation department as a result of such conviction, the petition
    23  shall for each such conviction specify such felony conviction, the  date
    24  of  such  conviction  or  convictions,  and  the  court  in  which  such
    25  conviction or convictions were entered.
    26    § 43. Subdivision 2 of section 62 of the civil rights law, as  amended
    27  by  section 55 of subpart B of part C of chapter 62 of the laws of 2011,
    28  is amended to read as follows:
    29    2. If the petition be  to  change  the  name  of  a  person  currently
    30  confined  as  an  inmate in any correctional facility or currently under
    31  the supervision of the department of corrections  and  community  super-
    32  vision  or a county probation department as a result of a conviction for
    33  a violent felony offense as defined in section 70.02 of the penal law or
    34  a felony defined in article one hundred twenty-five of such law  or  any
    35  of  the  following  provisions  of  such  law  sections  130.25, 130.30,
    36  [130.40, 130.45,] 255.25, 255.26, 255.27,  article  two  hundred  sixty-
    37  three, 135.10, 135.25, 230.05, 230.06, subdivision two of section 230.30
    38  or 230.32, notice of the time and place when and where the petition will
    39  be  presented  shall  be  served, in like manner as a notice of a motion
    40  upon an attorney in an action, upon the district attorney of every coun-
    41  ty in which such person has been convicted of such felony and  upon  the
    42  court  or  courts  in  which  the  sentence for such felony was entered.
    43  Unless a shorter period of time is ordered by  the  court,  said  notice
    44  shall be served upon each such district attorney and court or courts not
    45  less than sixty days prior to the date on which such petition is noticed
    46  to be heard.
    47    §  44. The closing paragraph of section 64 of the civil rights law, as
    48  separately amended by chapters 258, 320 and 481 of the laws of 2006,  is
    49  amended to read as follows:
    50    Upon  compliance with the order and the filing of the affidavit of the
    51  publication, as provided in this section, the  clerk  of  the  court  in
    52  which  the  order has been entered shall certify that the order has been
    53  complied with; and, if the petition states that  the  petitioner  stands
    54  convicted of a violent felony offense as defined in section 70.02 of the
    55  penal law or a felony defined in article one hundred twenty-five of such
    56  law  or  any  of  the  following provisions of such law sections 130.25,

        A. 794--A                          22
     1  130.30, [130.40, 130.45,] 255.25, 255.26, 255.27,  article  two  hundred
     2  sixty-three,  135.10, 135.25, 230.05, 230.06, subdivision two of section
     3  230.30 or 230.32, such clerk (1) shall deliver, by first class  mail,  a
     4  copy  of  such  certified  order  to  the  division  of criminal justice
     5  services at its office in the county of Albany and (2) upon the clerk of
     6  the court reviewing the petitioner's application  for  name  change  and
     7  subsequent in-court inquiry, may, in the clerk's discretion, deliver, by
     8  first class mail, the petitioner's new name with such certified order to
     9  the court of competent jurisdiction which imposed the orders of support.
    10  Such  certification shall appear on the original order and on any certi-
    11  fied copy thereof and shall be entered in the  clerk's  minutes  of  the
    12  proceeding.
    13    §  45.  Section 213-c of the civil practice law and rules, as added by
    14  chapter 3 of the laws of 2006, is amended to read as follows:
    15    § 213-c. Action by  victim  of  conduct  constituting  certain  sexual
    16  offenses.  Notwithstanding  any other limitation set forth in this arti-
    17  cle, a civil claim or cause of action to recover  from  a  defendant  as
    18  hereinafter  defined,  for  physical,  psychological  or other injury or
    19  condition suffered by a person as a result of acts by such defendant  of
    20  rape  in the first degree as defined in section 130.35 of the penal law,
    21  [or criminal sexual act in the first degree as defined in section 130.50
    22  of the penal law,] or aggravated sexual abuse in  the  first  degree  as
    23  defined  in section 130.70 of the penal law, or course of sexual conduct
    24  against a child in the first degree as defined in section 130.75 of  the
    25  penal law may be brought within five years. As used in this section, the
    26  term "defendant" shall mean only a person who commits the acts described
    27  in  this section or who, in a criminal proceeding, could be charged with
    28  criminal liability for the commission of such acts pursuant  to  section
    29  20.00 of the penal law and shall not apply to any related civil claim or
    30  cause of action arising from such acts. Nothing in this section shall be
    31  construed  to  require  that  a criminal charge be brought or a criminal
    32  conviction be obtained as a condition  of  bringing  a  civil  cause  of
    33  action  or  receiving  a  civil  judgment pursuant to this section or be
    34  construed to require that any of the rules governing a criminal proceed-
    35  ing be applicable to any such civil action.
    36    § 46. Paragraph (b) of subdivision 8 of section 215 of the civil prac-
    37  tice law and rules, as added by chapter  3  of  the  laws  of  2006,  is
    38  amended to read as follows:
    39    (b)  Whenever  it  is  shown  that  a criminal action against the same
    40  defendant has been commenced with respect to  the  event  or  occurrence
    41  from  which  a  claim governed by this section arises, and such criminal
    42  action is for rape in the first degree as defined in section  130.35  of
    43  the penal law, [or criminal sexual act in the first degree as defined in
    44  section  130.50  of  the  penal  law,] or aggravated sexual abuse in the
    45  first degree as defined in section 130.70 of the penal law, or course of
    46  sexual conduct against a child in the first degree as defined in section
    47  130.75 of the penal law, the plaintiff shall have at  least  five  years
    48  from  the  termination of the criminal action as defined in section 1.20
    49  of the criminal procedure law in which to  commence  the  civil  action,
    50  notwithstanding  that  the  time  in  which  to commence such action has
    51  already expired or has less than a year remaining.
    52    § 47. Subdivision 11 of section 123 of  the  agriculture  and  markets
    53  law,  as amended by chapter 392 of the laws of 2004, and such section as
    54  renumbered by section 18 of part T of chapter 59 of the laws of 2010, is
    55  amended to read as follows:

        A. 794--A                          23
     1    11. The owner shall not be liable pursuant to subdivision six,  seven,
     2  eight,  nine  or ten of this section if the dog was coming to the aid or
     3  defense of a person during the commission or attempted commission  of  a
     4  murder, robbery, burglary, arson, rape in the first degree as defined in
     5  paragraph  (a)  or  (b) of subdivision one [or], paragraph (a) or (b) of
     6  subdivision two or paragraph (a) or (b) of subdivision three of  section
     7  130.35  of  the  penal  law[, criminal sexual act in the first degree as
     8  defined in subdivision one or two of section 130.50 of the penal law] or
     9  kidnapping within the dwelling or upon the real property of the owner of
    10  the dog and the dog injured or killed the person committing such  crimi-
    11  nal activity.
    12    §  48.  Section 4 of the judiciary law, as amended by chapter 1 of the
    13  laws of 2019, is amended to read as follows:
    14    § 4. Sittings of courts to be public.  The  sittings  of  every  court
    15  within  this  state shall be public, and every citizen may freely attend
    16  the same, except that  in  all  proceedings  and  trials  in  cases  for
    17  divorce,  seduction, rape, assault with intent to commit rape, [criminal
    18  sexual act,] bastardy or filiation, the court may,  in  its  discretion,
    19  exclude  therefrom  all persons who are not directly interested therein,
    20  excepting jurors, witnesses, and officers of the court.
    21    § 49. Subdivision 2 of section 120.60 of the penal law, as amended  by
    22  chapter 434 of the laws of 2000, is amended to read as follows:
    23    2. commits a class A misdemeanor defined in article one hundred thirty
    24  of this chapter, or a class E felony defined in section 130.25, [130.40]
    25  or 130.85 of this chapter, or a class D felony defined in section 130.30
    26  [or 130.45] of this chapter.
    27    §  50.  Subdivision 1 of section 210.16 of the criminal procedure law,
    28  as added by chapter 571 of the laws of  2007,  is  amended  to  read  as
    29  follows:
    30    1.  (a)  In a case where an indictment or a superior court information
    31  has been filed with a superior court which charges the defendant with  a
    32  felony  offense  enumerated in any section of article one hundred thirty
    33  of the penal law where an act of "[sexual  intercourse]  vaginal  sexual
    34  contact",  "oral  sexual  [conduct]  contact"  or "anal sexual [conduct]
    35  contact," as those terms are defined in section 130.00 of the penal law,
    36  is required as an essential element  for  the  commission  thereof,  the
    37  court  shall, upon a request of the victim within six months of the date
    38  of the crimes charged, order that the defendant submit to human  immuno-
    39  deficiency  virus (HIV) related testing. Testing of a defendant shall be
    40  ordered when the result would provide medical benefit to the victim or a
    41  psychological benefit to the victim. Medical benefit shall be found when
    42  the following elements are satisfied: (i) a decision  is  pending  about
    43  beginning,  continuing,  or discontinuing a medical intervention for the
    44  victim; and (ii) the result of an HIV test of the accused  could  affect
    45  that  decision, and could provide relevant information beyond that which
    46  would be provided by an HIV test of the victim. If testing the defendant
    47  would provide medical benefit to the victim or a  psychological  benefit
    48  to  the  victim, then the testing is to be conducted by a state, county,
    49  or local public health officer designated by the  order.  Test  results,
    50  which  shall not be disclosed to the court, shall be communicated to the
    51  defendant and the victim named in  the  order  in  accordance  with  the
    52  provisions  of  section twenty-seven hundred eighty-five-a of the public
    53  health law.
    54    (b) For the purposes of this section, the terms "victim"  and  "appli-
    55  cant" mean the person with whom the defendant is charged to have engaged
    56  in an act of "[sexual intercourse] vaginal sexual contact", "oral sexual

        A. 794--A                          24
     1  [conduct]  contact"  or  "anal sexual [conduct] contact", as those terms
     2  are defined in section 130.00 of the penal law, where such conduct  with
     3  such  victim  was  the  basis for charging the defendant with an offense
     4  specified in paragraph (a) of this subdivision.
     5    §  51.  Subdivision 1 of section 390.15 of the criminal procedure law,
     6  as amended by chapter 264 of the laws of 2003, is  amended  to  read  as
     7  follows:
     8    1.  (a)  In  any  case  where  the  defendant is convicted of a felony
     9  offense enumerated in any section of article one hundred thirty  of  the
    10  penal  law,  or  any subdivision of section 130.20 of such law, where an
    11  act of "[sexual  intercourse]  vaginal  sexual  contact",  "oral  sexual
    12  [conduct]  contact"  or  "anal sexual [conduct] contact," as those terms
    13  are defined in section 130.00 of the penal law, is required as an essen-
    14  tial element for the commission thereof, the court must, upon a  request
    15  of the victim, order that the defendant submit to human immunodeficiency
    16  (HIV)  related testing. The testing is to be conducted by a state, coun-
    17  ty, or local  public  health  officer  designated  by  the  order.  Test
    18  results,  which  shall  not be disclosed to the court, shall be communi-
    19  cated to the defendant and the victim named in the order  in  accordance
    20  with the provisions of section twenty-seven hundred eighty-five-a of the
    21  public health law, but such results and disclosure need not be completed
    22  prior to the imposition of sentence.
    23    (b)   For  the  purposes  of  this  section,  the  terms  "defendant",
    24  "conviction" and "sentence" mean and include, respectively, an "eligible
    25  youth," a "youthful offender finding" and a "youthful offender sentence"
    26  as those terms are defined in section 720.10 of this chapter.  The  term
    27  "victim"  means  the person with whom the defendant engaged in an act of
    28  "[sexual intercourse] vaginal sexual contact",  "oral  sexual  [conduct]
    29  contact"  or "anal sexual [conduct] contact", as those terms are defined
    30  in section 130.00 of the penal law, where such conduct with such  victim
    31  was  the basis for the defendant's conviction of an offense specified in
    32  paragraph (a) of this subdivision.
    33    § 52. Subdivision 1 of section 347.1  of  the  family  court  act,  as
    34  amended  by  chapter  264  of  the  laws  of 2003, is amended to read as
    35  follows:
    36    1. (a) In any proceeding where the respondent  is  found  pursuant  to
    37  section  345.1  or  346.1  of  this  article, to have committed a felony
    38  offense enumerated in any section of article one hundred thirty  of  the
    39  penal  law,  or any subdivision of section 130.20 of such law, for which
    40  an act of "[sexual intercourse] vaginal sexual  contact",  "oral  sexual
    41  [conduct]  contact"  or  "anal sexual [conduct] contact", as those terms
    42  are defined in section 130.00 of the penal law, is required as an essen-
    43  tial element for the commission thereof, the court must, upon a  request
    44  of the victim, order that the respondent submit to human immunodeficien-
    45  cy  (HIV)  related  testing.  The testing is to be conducted by a state,
    46  county, or local public health officer designated  by  the  order.  Test
    47  results,  which  shall  not be disclosed to the court, shall be communi-
    48  cated to the respondent and the victim named in the order in  accordance
    49  with the provisions of section twenty-seven hundred eighty-five-a of the
    50  public health law.
    51    (b)  For  the  purposes  of  this section, the term "victim" means the
    52  person with whom the respondent engaged in an  act  of  "[sexual  inter-
    53  course]  vaginal  sexual  contact",  "oral  sexual [conduct] contact" or
    54  "anal sexual [conduct] contact", as those terms are defined  in  section
    55  130.00  of  the  penal  law, where such conduct with such victim was the
    56  basis for the court's finding that the respondent committed acts consti-

        A. 794--A                          25
     1  tuting one or more of the offenses specified in paragraph  (a)  of  this
     2  subdivision.
     3    §  53.  Subdivision (a) of section 130.16 of the penal law, as amended
     4  by chapter 264 of the laws of 2003, is amended to read as follows:
     5    (a) Establish that an attempt was made to engage the victim in [sexual
     6  intercourse] vaginal sexual contact, oral sexual [conduct] contact, anal
     7  sexual [conduct] contact, or sexual contact, as the case may be, at  the
     8  time of the occurrence; and
     9    §  54. Subdivisions 1 and 2 of section 130.20 of the penal law, subdi-
    10  vision 1 as amended by chapter 1 of the laws of 2000, subdivision  2  as
    11  amended  by  chapter  264  of  the  laws of 2003, are amended to read as
    12  follows:
    13    1. He or she engages in [sexual intercourse]  vaginal  sexual  contact
    14  with another person without such person's consent; or
    15    2.  He  or she engages in oral sexual [conduct] contact or anal sexual
    16  [conduct] contact with another person without such person's consent; or
    17    § 55. Paragraphs (a) and (b) of subdivision 1 of section 130.75 of the
    18  penal law, as amended by chapter 264 of the laws of 2003, are amended to
    19  read as follows:
    20    (a) he or she engages in two or more acts  of  sexual  conduct,  which
    21  includes  at  least  one  act  of  [sexual  intercourse]  vaginal sexual
    22  contact, oral sexual [conduct] contact, anal sexual [conduct] contact or
    23  aggravated sexual contact, with a child less than eleven years old; or
    24    (b) he or she, being eighteen years old or more,  engages  in  two  or
    25  more  acts  of sexual conduct, which include at least one act of [sexual
    26  intercourse] vaginal sexual contact, oral sexual [conduct] contact, anal
    27  sexual [conduct] contact or aggravated sexual contact, with a child less
    28  than thirteen years old.
    29    § 56. Subdivision 1 of section 235.00 of the penal law, as amended  by
    30  chapter 264 of the laws of 2003, is amended to read as follows:
    31    1.  "Obscene."  Any  material  or  performance is "obscene" if (a) the
    32  average person, applying contemporary community  standards,  would  find
    33  that  considered  as  a whole, its predominant appeal is to the prurient
    34  interest in sex, and (b) it depicts or describes in a patently offensive
    35  manner,  actual  or  simulated:  [sexual  intercourse]  vaginal   sexual
    36  contact, [criminal sexual act] oral sexual contact, anal sexual contact,
    37  sexual  bestiality,  masturbation,  sadism, masochism, excretion or lewd
    38  exhibition of the genitals, and (c) considered  as  a  whole,  it  lacks
    39  serious literary, artistic, political, and scientific value. Predominant
    40  appeal  shall  be  judged  with  reference  to ordinary adults unless it
    41  appears from the character of the material or the circumstances  of  its
    42  dissemination to be designed for children or other [specially] especial-
    43  ly susceptible audience.
    44    §  57. Subdivision 2 of section 235.22 of the penal law, as amended by
    45  chapter 264 of the laws of 2003, is amended to read as follows:
    46    2. by means of such communication he importunes, invites or induces  a
    47  minor  to  engage  in  [sexual intercourse] vaginal sexual contact, oral
    48  sexual [conduct] contact or anal sexual  [conduct]  contact,  or  sexual
    49  contact  with  him, or to engage in a sexual performance, obscene sexual
    50  performance, or sexual conduct for his benefit.
    51    § 58. Section 255.25 of the penal law, as amended by  chapter  320  of
    52  the laws of 2006, is amended to read as follows:
    53  § 255.25 Incest in the third degree.
    54    A  person  is  guilty  of  incest  in  the third degree when he or she
    55  marries or engages in [sexual intercourse] vaginal sexual contact,  oral
    56  sexual  [conduct] contact or anal sexual [conduct] contact with a person

        A. 794--A                          26
     1  whom he or she knows to be  related  to  him  or  her,  whether  through
     2  marriage or not, as an ancestor, descendant, brother or sister of either
     3  the whole or the half blood, uncle, aunt, nephew or niece.
     4    Incest in the third degree is a class E felony.
     5    §  59. Subdivision 3 of section 263.00 of the penal law, as amended by
     6  chapter 264 of the laws of 2003, is amended to read as follows:
     7    3. "Sexual conduct" means actual  or  simulated  [sexual  intercourse]
     8  vaginal  sexual  contact,  oral  sexual  [conduct]  contact, anal sexual
     9  [conduct]contact,  sexual  bestiality,  masturbation,   sado-masochistic
    10  abuse, or lewd exhibition of the genitals.
    11    § 60. Subdivision 3 of section 60.42 of the criminal procedure law, as
    12  amended  by  chapter  264  of  the  laws  of 2003, is amended to read as
    13  follows:
    14    3. rebuts evidence introduced by the people of the victim's failure to
    15  engage in [sexual  intercourse]  vaginal  sexual  contact,  oral  sexual
    16  [conduct]  contact,  anal  sexual  [conduct]  contact  or sexual contact
    17  during a given period of time; or
    18    § 61. Subdivision 3 of section 344.4  of  the  family  court  act,  as
    19  amended  by  chapter  264  of  the  laws  of 2003, is amended to read as
    20  follows:
    21    3. rebuts  evidence  introduced  by  the  presentment  agency  of  the
    22  victim's  failure  to  engage  in  [sexual  intercourse]  vaginal sexual
    23  contact, oral sexual [conduct] contact, anal sexual [conduct] contact or
    24  sexual contact during a given period of time; or
    25    § 62. Subdivision 4 of section 170 of the domestic relations  law,  as
    26  amended  by  chapter  264  of  the  laws  of 2003, is amended to read as
    27  follows:
    28    (4) The commission of an act of adultery, provided that  adultery  for
    29  the  purposes  of articles ten, eleven, and eleven-A of this chapter, is
    30  hereby defined as the commission of an act of [sexual intercourse] vagi-
    31  nal sexual  contact,  oral  sexual  [conduct]  contact  or  anal  sexual
    32  [conduct] contact, voluntarily performed by the defendant, with a person
    33  other  than the plaintiff after the marriage of plaintiff and defendant.
    34  Oral sexual [conduct] contact and anal sexual [conduct] contact include,
    35  but are not limited to, sexual conduct as defined in subdivision two  of
    36  section 130.00 and subdivision three of section 130.20 of the penal law.
    37    §  63.  Subdivision 4 of section 200 of the domestic relations law, as
    38  amended by chapter 264 of the laws  of  2003,  is  amended  to  read  as
    39  follows:
    40    4. The commission of an act of adultery by the defendant; except where
    41  such  offense  is committed by the procurement or with the connivance of
    42  the plaintiff or where there is voluntary cohabitation  of  the  parties
    43  with  the  knowledge  of  the  offense or where action was not commenced
    44  within five years after the discovery by the plaintiff  of  the  offense
    45  charged  or  where  the plaintiff has also been guilty of adultery under
    46  such circumstances that the defendant would have been entitled, if inno-
    47  cent, to a divorce, provided that adultery  for  the  purposes  of  this
    48  subdivision  is  hereby  defined  as the commission of an act of [sexual
    49  intercourse] vaginal sexual contact, oral sexual  [conduct]  contact  or
    50  anal  sexual  [conduct] contact, voluntarily performed by the defendant,
    51  with a person other than the plaintiff after the marriage  of  plaintiff
    52  and  defendant.  Oral sexual [conduct] contact and anal sexual [conduct]
    53  contact include, but are not limited to, sexual conduct  as  defined  in
    54  subdivision  two  of  section  130.00  and  subdivision three of section
    55  130.20 of the penal law.

        A. 794--A                          27
     1    § 64. This act shall take effect January 1, 2021 and  shall  apply  to
     2  any  offense  on  or  after such effective date.   As it pertains to the
     3  repealed sections of law, nothing in this act shall affect a requirement
     4  to register pursuant to article 6-C of the correction  law;  a  lawfully
     5  required  disclosure of a conviction; any restriction or prohibition for
     6  certain types of employment, housing,  or  government  benefit;  or  any
     7  other ongoing matter related to a conviction of the sections repealed in
     8  this act.
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