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 30-6)

Status: (Engrossed) 2020-05-27 - amended on third reading 794e [A00794 Detail]

Download: New_York-2019-A00794-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         794--E
                                                                 Cal. No. 40

                               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,
          L. ROSENTHAL, REYES, CRUZ -- 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  --  again
          reported  from  said  committee  with amendments, ordered reprinted as
          amended and recommitted to said committee -- reported and referred  to
          the Committee on Rules -- ordered to a third reading, passed by Assem-
          bly and delivered to the Senate, recalled from the Senate, vote recon-
          sidered,  bill  amended, ordered reprinted, retaining its place on the
          special order of third reading -- ordered to a third reading,  amended
          and ordered reprinted, retaining its place on the order of third read-
          ing  --  ordered  to  a  third reading, amended and ordered reprinted,
          retaining its place on the order of third reading

        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:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01481-11-0

        A. 794--E                           2

     1    1.  "[Sexual  intercourse]  Vaginal  sexual contact" [has its ordinary
     2  meaning and occurs upon any penetration, however slight]  means  conduct
     3  between  persons  consisting of contact between the penis and the vagina
     4  or vulva.
     5    2.  (a)  "Oral sexual [conduct] contact" means conduct between persons
     6  consisting of contact between the mouth and the penis, the mouth and the
     7  anus, or the mouth and the vulva or vagina.
     8    (b) "Anal sexual [conduct]  contact"  means  conduct  between  persons
     9  consisting of contact between the penis and anus.
    10    §  3.  Section 130.25 of the penal law, as amended by chapter 1 of the
    11  laws of 2000, is amended to read as follows:
    12  § 130.25 Rape in the third degree.
    13    A person is guilty of rape in the third degree when:
    14    1. He or she engages in [sexual intercourse]  vaginal  sexual  contact
    15  with another person who is incapable of consent by reason of some factor
    16  other than being less than seventeen years old;
    17    2. He or she engages in oral sexual contact with another person who is
    18  incapable of consent by reason of some factor other than being less than
    19  seventeen years old;
    20    3. He or she engages in anal sexual contact with another person who is
    21  incapable  of  consent  by  reason of some other factor other than being
    22  less than seventeen years old;
    23    4. Being twenty-one years old or more, he or she  engages  in  [sexual
    24  intercourse] vaginal sexual contact with another person less than seven-
    25  teen years old; [or
    26    3.]  5.  Being twenty-one years old or more, he or she engages in oral
    27  sexual contact with another person less than seventeen years old;
    28    6. Being twenty-one years old or more, he or she engages in anal sexu-
    29  al contact with another person less than seventeen years old;
    30    7. He or she engages in [sexual intercourse]  vaginal  sexual  contact
    31  with  another  person  without  such person's consent where such lack of
    32  consent is by reason of some factor other than incapacity to consent[.];
    33    8. He or she engages in oral sexual contact with another person  with-
    34  out  such  person's  consent  where such lack of consent is by reason of
    35  some factor other than incapacity to consent; or
    36    9. He or she engages in anal sexual contact with another person  with-
    37  out  such  person's  consent  where such lack of consent is by reason of
    38  some factor other than the incapacity to consent.
    39    Rape in the third degree is a class E felony.
    40    § 4. Section 130.30 of the penal law, as amended by chapter 1  of  the
    41  laws of 2000, is amended to read as follows:
    42  § 130.30 Rape in the second degree.
    43    A person is guilty of rape in the second degree when:
    44    1.  being  eighteen  years  old  or more, he or she engages in [sexual
    45  intercourse] vaginal  sexual  contact  with  another  person  less  than
    46  fifteen years old; [or]
    47    2.  being eighteen years old or more, he or she engages in oral sexual
    48  contact with another person less than fifteen years old;
    49    3. being eighteen years old or more, he or she engages in anal  sexual
    50  contact with another person less than fifteen years old;
    51    4.  he  or  she engages in [sexual intercourse] vaginal sexual contact
    52  with another person who is incapable  of  consent  by  reason  of  being
    53  mentally disabled or mentally incapacitated[.];
    54    5. he or she engages in oral sexual contact with another person who is
    55  incapable  of  consent  by reason of being mentally disabled or mentally
    56  incapacitated; or

        A. 794--E                           3

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

        A. 794--E                           4

     1  phrase is defined in subdivision fourteen  of  section  220.00  of  this
     2  chapter;  or  defined  in this chapter as an attempt to commit murder in
     3  the second degree or kidnapping in the first degree, or such conduct  as
     4  a sexually motivated felony, where authorized pursuant to section 130.91
     5  of [the penal law] this chapter.
     6    §  7.  Subdivision  2 of section 30.00 of the penal law, as amended by
     7  section 38 of part WWW of chapter 59 of the laws of 2017, is amended  to
     8  read as follows:
     9    2.  A person thirteen, fourteen or, fifteen years of age is criminally
    10  responsible for acts constituting murder in the second degree as defined
    11  in subdivisions one and two of section 125.25 and in  subdivision  three
    12  of such section provided that the underlying crime for the murder charge
    13  is  one  for  which  such  person  is criminally responsible or for such
    14  conduct as a sexually motivated felony,  where  authorized  pursuant  to
    15  section  130.91 of this chapter; and a person fourteen or, fifteen years
    16  of age is  criminally  responsible  for  acts  constituting  the  crimes
    17  defined  in  section  135.25  (kidnapping  in  the first degree); 150.20
    18  (arson in the first degree); subdivisions one and two of section  120.10
    19  (assault  in  the  first  degree);  125.20  (manslaughter  in  the first
    20  degree); [subdivisions one and] paragraphs (a) and  (b)  of  subdivision
    21  one,  paragraphs  (a)  and (b) of subdivision two and paragraphs (a) and
    22  (b) of subdivision three of section 130.35 (rape in the  first  degree);
    23  subdivisions  one  and two of section 130.50 (criminal sexual act in the
    24  first degree); 130.70 (aggravated sexual abuse  in  the  first  degree);
    25  140.30 (burglary in the first degree); subdivision one of section 140.25
    26  (burglary  in  the  second degree); 150.15 (arson in the second degree);
    27  160.15 (robbery in the first degree); subdivision two of section  160.10
    28  (robbery  in  the  second  degree) of this chapter; or section 265.03 of
    29  this chapter, where such machine gun or such  firearm  is  possessed  on
    30  school  grounds,  as  that  phrase is defined in subdivision fourteen of
    31  section 220.00 of this chapter; or defined in this chapter as an attempt
    32  to commit murder in the second degree or kidnapping in the first degree,
    33  or for such conduct as a sexually  motivated  felony,  where  authorized
    34  pursuant to section 130.91 of this chapter.
    35    § 8. Paragraph (b) of subdivision 2 of section 35.15 of the penal law,
    36  as  amended  by  chapter  511 of the laws of 2004, is amended to read as
    37  follows:
    38    (b) He or she reasonably believes that such other person is committing
    39  or attempting to commit a kidnapping, forcible rape, [forcible  criminal
    40  sexual act] forcible aggravated sexual abuse, or robbery; or
    41    §  9.    Paragraph  (c) of subdivision 1 of section 70.02 of the penal
    42  law, as amended by chapter 134 of the laws of 2019, is amended  to  read
    43  as follows:
    44    (c)  Class  D violent felony offenses: an attempt to commit any of the
    45  class C felonies set forth in paragraph (b); reckless assault of a child
    46  as defined in section 120.02, assault in the second degree as defined in
    47  section 120.05, menacing a police officer or peace officer as defined in
    48  section 120.18, stalking in the first degree, as defined in  subdivision
    49  one  of section 120.60, strangulation in the second degree as defined in
    50  section 121.12, rape in the second degree as defined in section  130.30,
    51  [criminal sexual act in the second degree as defined in section 130.45,]
    52  sexual abuse in the first degree as defined in section 130.65, course of
    53  sexual  conduct  against  a  child  in  the  second degree as defined in
    54  section 130.80, aggravated sexual abuse in the third degree  as  defined
    55  in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
    56  substance as defined in section 130.90, labor trafficking as defined  in

        A. 794--E                           5

     1  paragraphs  (a) and (b) of subdivision three of section 135.35, criminal
     2  possession of a weapon in the third degree  as  defined  in  subdivision
     3  five, six, seven, eight, nine or ten of section 265.02, criminal sale of
     4  a firearm in the third degree as defined in section 265.11, intimidating
     5  a  victim  or witness in the second degree as defined in section 215.16,
     6  soliciting or providing support for an act of terrorism  in  the  second
     7  degree  as defined in section 490.10, and making a terroristic threat as
     8  defined in section 490.20, falsely reporting an incident  in  the  first
     9  degree  as  defined in section 240.60, placing a false bomb or hazardous
    10  substance in the first degree as defined in section  240.62,  placing  a
    11  false  bomb  or  hazardous  substance in a sports stadium or arena, mass
    12  transportation facility or enclosed shopping mall as defined in  section
    13  240.63,  aggravated  unpermitted use of indoor pyrotechnics in the first
    14  degree as defined in section 405.18, and criminal manufacture, sale,  or
    15  transport  of  an  undetectable  firearm, rifle or shotgun as defined in
    16  section 265.50.
    17    § 10. Paragraph b of subdivision 5 of section 120.40 of the penal law,
    18  as amended by chapter 320 of the laws of 2006, is  amended  to  read  as
    19  follows:
    20    b.  a  crime  defined  in  section  130.20,  130.25,  130.30, [130.40,
    21  130.45,] 130.55, 130.60, 130.70, 255.25, 255.26 or 255.27;
    22    § 11. Paragraph (d) of subdivision 2 and paragraph (h) of  subdivision
    23  3  of section 130.05 of the penal law, paragraph (d) of subdivision 2 as
    24  amended by chapter 40 of the laws of 2004 and paragraph (h) of  subdivi-
    25  sion  3  as amended by section 2 of part G of chapter 501 of the laws of
    26  2012, are amended to read as follows:
    27    (d) Where the offense charged is rape in the third degree  as  defined
    28  in  [subdivision  three]  subdivision  seven,  eight  or nine of section
    29  130.25, [or criminal sexual act in the third degree as defined in subdi-
    30  vision three of section 130.40,] in addition to forcible vaginal  sexual
    31  contact compulsion, circumstances under which, at the time of the act of
    32  intercourse,  oral  sexual  [conduct]  contact  or anal sexual [conduct]
    33  contact, the victim clearly expressed that he or she did not consent  to
    34  engage  in  such  act,  and a reasonable person in the actor's situation
    35  would have understood such person's words and acts as an  expression  of
    36  lack of consent to such act under all the circumstances.
    37    (h)  a  client  or  patient and the actor is a health care provider or
    38  mental health care provider charged with rape in  the  third  degree  as
    39  defined  in  section 130.25, [criminal sexual act in the third degree as
    40  defined in section 130.40,] aggravated sexual abuse in the fourth degree
    41  as defined in section 130.65-a, or sexual abuse in the third  degree  as
    42  defined in section 130.55, and the act of sexual conduct occurs during a
    43  treatment session, consultation, interview, or examination; or
    44    §  12. The opening paragraph of subdivision 3 of section 125.25 of the
    45  penal law, as amended by chapter 264 of the laws of 2003, is amended  to
    46  read as follows:
    47    Acting  either  alone or with one or more other persons, he commits or
    48  attempts to commit robbery, burglary, kidnapping,  arson,  rape  in  the
    49  first degree, [criminal sexual act in the first degree,] sexual abuse in
    50  the  first  degree, aggravated sexual abuse, escape in the first degree,
    51  or escape in the second degree, and, in the course of and in furtherance
    52  of such crime or of immediate flight therefrom, he, or  another  partic-
    53  ipant,  if  there be any, causes the death of a person other than one of
    54  the participants; except that in any prosecution under this subdivision,
    55  in which the defendant was not the only participant  in  the  underlying
    56  crime, it is an affirmative defense that the defendant:

        A. 794--E                           6

     1    §  13. Subdivision 5 of section 125.25 of the penal law, as amended by
     2  chapter 320 of the laws of 2006, is amended to read as follows:
     3    5. Being eighteen years old or more, while in the course of committing
     4  rape  in  the first, second or third degree, [criminal sexual act in the
     5  first, second or third degree,] sexual abuse in the first degree, aggra-
     6  vated sexual abuse in the first, second,  third  or  fourth  degree,  or
     7  incest  in the first, second or third degree, against a person less than
     8  fourteen years old, he or she intentionally causes  the  death  of  such
     9  person.
    10    §  14. Subparagraph (vii) of paragraph (a) of subdivision 1 of section
    11  125.27 of the penal law, as amended by chapter 264 of the laws of  2003,
    12  is amended to read as follows:
    13    (vii)  the  victim was killed while the defendant was in the course of
    14  committing or attempting  to  commit  and  in  furtherance  of  robbery,
    15  burglary  in  the first degree or second degree, kidnapping in the first
    16  degree, arson in the first degree or second degree, rape  in  the  first
    17  degree,  [criminal  sexual act in the first degree,] sexual abuse in the
    18  first degree, aggravated sexual abuse in the first degree or  escape  in
    19  the  first  degree,  or  in  the  course of and furtherance of immediate
    20  flight after committing or attempting to commit any such crime or in the
    21  course of and furtherance of immediate flight after attempting to commit
    22  the crime of murder in the second degree; provided however,  the  victim
    23  is  not  a participant in one of the aforementioned crimes and, provided
    24  further that, unless  the  defendant's  criminal  liability  under  this
    25  subparagraph is based upon the defendant having commanded another person
    26  to  cause the death of the victim or intended victim pursuant to section
    27  20.00 of this chapter, this  subparagraph  shall  not  apply  where  the
    28  defendant's  criminal  liability  is  based  upon the conduct of another
    29  pursuant to section 20.00 of this chapter; or
    30    § 15. Subdivision 3 of section 130.10 of the penal law, as amended  by
    31  chapter 264 of the laws of 2003, is amended to read as follows:
    32    3.  In  any  prosecution  for the crime of rape in the third degree as
    33  defined in section 130.25, [criminal sexual act in the third  degree  as
    34  defined in section 130.40,] aggravated sexual abuse in the fourth degree
    35  as  defined  in section 130.65-a, or sexual abuse in the third degree as
    36  defined in section 130.55 in which incapacity to consent is based on the
    37  circumstances set forth in paragraph (h) of subdivision three of section
    38  130.05 of this article it shall  be  an  affirmative  defense  that  the
    39  client  or  patient  consented to such conduct charged after having been
    40  expressly advised by the health care or mental health care provider that
    41  such conduct was not performed for a valid medical purpose.
    42    § 16. The opening paragraph and subdivision 2 of section 130.95 of the
    43  penal law, as added by chapter 107 of the laws of 2006, are  amended  to
    44  read as follows:
    45    A  person is guilty of predatory sexual assault when he or she commits
    46  the crime of rape in the first degree, [criminal sexual act in the first
    47  degree,] aggravated sexual abuse in the first degree, or course of sexu-
    48  al conduct against a child in the first degree, as defined in this arti-
    49  cle, and when:
    50    2. He or she has engaged in conduct constituting the crime of rape  in
    51  the  first degree, [criminal sexual act in the first degree,] aggravated
    52  sexual abuse in the first degree, or course of sexual conduct against  a
    53  child  in  the  first degree, as defined in this article, against one or
    54  more additional persons; or
    55    § 17. The opening paragraph of section 130.96 of  the  penal  law,  as
    56  added by chapter 107 of the laws of 2006, is amended to read as follows:

        A. 794--E                           7

     1    A  person  is guilty of predatory sexual assault against a child when,
     2  being eighteen years old or more, he or she commits the crime of rape in
     3  the first degree, [criminal sexual act in the first degree,]  aggravated
     4  sexual  abuse in the first degree, or course of sexual conduct against a
     5  child in the first degree, as defined in this article, and the victim is
     6  less than thirteen years old.
     7    §  18. Subdivision 2 of section 240.75 of the penal law, as amended by
     8  section 8 of part NN of chapter 55 of the laws of 2018,  is  amended  to
     9  read as follows:
    10    2.  A  "specified  offense"  is  an  offense defined in section 120.00
    11  (assault in the third degree); section 120.05  (assault  in  the  second
    12  degree);  section  120.10  (assault in the first degree); section 120.13
    13  (menacing in the first degree); section 120.14 (menacing in  the  second
    14  degree);  section  120.15 (menacing in the third degree); section 120.20
    15  (reckless endangerment in the second degree); section  120.25  (reckless
    16  endangerment  in  the  first  degree);  section  120.45 (stalking in the
    17  fourth degree); section 120.50 (stalking in the third  degree);  section
    18  120.55  (stalking in the second degree); section 120.60 (stalking in the
    19  first degree); section 121.11  (criminal  obstruction  of  breathing  or
    20  blood circulation); section 121.12 (strangulation in the second degree);
    21  section  121.13  (strangulation in the first degree); subdivision one of
    22  section 125.15 (manslaughter in the second degree); subdivision one, two
    23  or four of section 125.20 (manslaughter in the  first  degree);  section
    24  125.25  (murder  in  the  second degree); section 130.20 (sexual miscon-
    25  duct); section 130.25 (rape in the third degree); section  130.30  (rape
    26  in  the  second  degree);  section  130.35  (rape  in the first degree);
    27  section 130.40 (criminal sexual act in the third degree); section 130.45
    28  (criminal sexual act in the second  degree);  section  130.50  (criminal
    29  sexual  act  in  the  first degree); section 130.52 (forcible touching);
    30  section 130.53 (persistent sexual abuse); section 130.55  (sexual  abuse
    31  in  the  third  degree);  section  130.60  (sexual  abuse  in the second
    32  degree); section 130.65 (sexual abuse  in  the  first  degree);  section
    33  130.66  (aggravated  sexual  abuse  in the third degree); section 130.67
    34  (aggravated sexual abuse in the second degree); section  130.70  (aggra-
    35  vated  sexual abuse in the first degree); section 130.91 (sexually moti-
    36  vated felony); section 130.95 (predatory sexual assault); section 130.96
    37  (predatory sexual assault against a  child);  section  135.05  (unlawful
    38  imprisonment  in  the second degree); section 135.10 (unlawful imprison-
    39  ment in the  first  degree);  section  135.60  (coercion  in  the  third
    40  degree);  section 135.61 (coercion in the second degree); section 135.65
    41  (coercion in the first degree); section 140.20 (burglary  in  the  third
    42  degree);  section 140.25 (burglary in the second degree); section 140.30
    43  (burglary in the first degree); section 145.00 (criminal mischief in the
    44  fourth degree); section 145.05 (criminal mischief in the third  degree);
    45  section  145.10 (criminal mischief in the second degree); section 145.12
    46  (criminal mischief  in  the  first  degree);  section  145.14  (criminal
    47  tampering in the third degree); section 215.50 (criminal contempt in the
    48  second  degree); section 215.51 (criminal contempt in the first degree);
    49  section 215.52 (aggravated criminal contempt); section  240.25  (harass-
    50  ment  in  the  first  degree);  subdivision  one, two or four of section
    51  240.30 (aggravated harassment in the second degree);  aggravated  family
    52  offense  as  defined  in  this  section  or any attempt or conspiracy to
    53  commit any of the foregoing offenses where the defendant and the  person
    54  against  whom  the offense was committed were members of the same family
    55  or household as defined in subdivision one  of  section  530.11  of  the
    56  criminal procedure law.

        A. 794--E                           8

     1    §  19. Section 255.26 of the penal law, as added by chapter 320 of the
     2  laws of 2006, is amended to read as follows:
     3  § 255.26 Incest in the second degree.
     4    A  person  is  guilty  of  incest  in the second degree when he or she
     5  commits the crime of rape in the second degree, as  defined  in  section
     6  130.30  of  this  part, [or criminal sexual act in the second degree, as
     7  defined in section 130.45 of this part,] against a person whom he or she
     8  knows to be related to him or her, whether through marriage or  not,  as
     9  an  ancestor,  descendant,  brother or sister of either the whole or the
    10  half blood, uncle, aunt, nephew or niece.
    11    Incest in the second degree is a class D felony.
    12    § 20. Section 255.27 of the penal law, as added by chapter 320 of  the
    13  laws of 2006, is amended to read as follows:
    14  § 255.27 Incest in the first degree.
    15    A  person  is  guilty  of  incest  in  the first degree when he or she
    16  commits the crime of rape in the first degree, as defined  in  paragraph
    17  (c)  or  (d) of subdivision [three or four] one, paragraph (c) or (d) of
    18  subdivision two or paragraph (c) or (d) of subdivision three of  section
    19  130.35  of  this  part[,  or criminal sexual act in the first degree, as
    20  defined in subdivision three or four of section 130.50  of  this  part,]
    21  against  a  person  whom  he  or  she knows to be related to him or her,
    22  whether through marriage or not, as an ancestor, descendant, brother  or
    23  sister of either the whole or half blood, uncle, aunt, nephew or niece.
    24    Incest in the first degree is a class B felony.
    25    §  21. Subdivision 3 of section 485.05 of the penal law, as amended by
    26  section 3 of part R of chapter 55 of the laws of  2020,  is  amended  to
    27  read as follows:
    28    3. A "specified offense" is an offense defined by any of the following
    29  provisions  of  this  chapter:  section  120.00  (assault  in  the third
    30  degree); section 120.05 (assault in the second degree);  section  120.10
    31  (assault in the first degree); section 120.12 (aggravated assault upon a
    32  person  less  than  eleven  years  old); section 120.13 (menacing in the
    33  first degree); section 120.14 (menacing in the second  degree);  section
    34  120.15  (menacing  in the third degree); section 120.20 (reckless endan-
    35  germent in the second degree); section 120.25 (reckless endangerment  in
    36  the  first degree); section 121.12 (strangulation in the second degree);
    37  section 121.13 (strangulation in the first degree); subdivision  one  of
    38  section 125.15 (manslaughter in the second degree); subdivision one, two
    39  or  four  of  section 125.20 (manslaughter in the first degree); section
    40  125.25 (murder in the second degree); section 120.45  (stalking  in  the
    41  fourth  degree);  section 120.50 (stalking in the third degree); section
    42  120.55 (stalking in the second degree); section 120.60 (stalking in  the
    43  first degree); paragraph (a) of subdivision one, paragraph (a) of subdi-
    44  vision  two  and  paragraph  (a)  of subdivision three of section 130.35
    45  (rape in the first degree); subdivision one of section 130.50  (criminal
    46  sexual  act  in  the  first  degree);  subdivision one of section 130.65
    47  (sexual abuse in the first degree); paragraph (a) of subdivision one  of
    48  section 130.67 (aggravated sexual abuse in the second degree); paragraph
    49  (a) of subdivision one of section 130.70 (aggravated sexual abuse in the
    50  first  degree);  section  135.05  (unlawful  imprisonment  in the second
    51  degree); section 135.10 (unlawful imprisonment  in  the  first  degree);
    52  section  135.20  (kidnapping  in  the  second  degree);  section  135.25
    53  (kidnapping in the first degree); section 135.60 (coercion in the  third
    54  degree);  section 135.61 (coercion in the second degree); section 135.65
    55  (coercion in the first degree); section 140.10 (criminal trespass in the
    56  third degree); section 140.15 (criminal trespass in the second  degree);

        A. 794--E                           9

     1  section  140.17  (criminal trespass in the first degree); section 140.20
     2  (burglary in the third degree); section 140.25 (burglary in  the  second
     3  degree);  section  140.30 (burglary in the first degree); section 145.00
     4  (criminal  mischief  in  the  fourth  degree);  section 145.05 (criminal
     5  mischief in the third degree); section 145.10 (criminal mischief in  the
     6  second  degree); section 145.12 (criminal mischief in the first degree);
     7  section 150.05 (arson in the fourth degree); section  150.10  (arson  in
     8  the  third degree); section 150.15 (arson in the second degree); section
     9  150.20 (arson in the first  degree);  section  155.25  (petit  larceny);
    10  section  155.30  (grand  larceny  in  the fourth degree); section 155.35
    11  (grand larceny in the third degree); section 155.40  (grand  larceny  in
    12  the  second degree); section 155.42 (grand larceny in the first degree);
    13  section 160.05 (robbery in the third degree); section 160.10 (robbery in
    14  the second degree);  section  160.15  (robbery  in  the  first  degree);
    15  section 240.25 (harassment in the first degree); subdivision one, two or
    16  four  of  section  240.30  (aggravated harassment in the second degree);
    17  section 490.10 (soliciting or providing support for an act of  terrorism
    18  in  the  second degree); section 490.15 (soliciting or providing support
    19  for an act of terrorism in the first degree); section 490.20  (making  a
    20  terroristic threat); section 490.25 (crime of terrorism); section 490.30
    21  (hindering  prosecution  of  terrorism  in  the  second degree); section
    22  490.35 (hindering prosecution of terrorism in the first degree); section
    23  490.37 (criminal possession of a chemical weapon or biological weapon in
    24  the third degree); section 490.40 (criminal  possession  of  a  chemical
    25  weapon or biological weapon in the second degree); section 490.45 (crim-
    26  inal  possession  of a chemical weapon or biological weapon in the first
    27  degree); section 490.47 (criminal use of a chemical weapon or biological
    28  weapon in the third degree); section 490.50 (criminal use of a  chemical
    29  weapon or biological weapon in the second degree); section 490.55 (crim-
    30  inal use of a chemical weapon or biological weapon in the first degree);
    31  or any attempt or conspiracy to commit any of the foregoing offenses.
    32    § 22. Subdivision 42 of section 1.20 of the criminal procedure law, as
    33  amended by chapter 7 of the laws of 2007, is amended to read as follows:
    34    42.  "Juvenile offender" means (1) a person, thirteen years old who is
    35  criminally responsible for acts constituting murder in the second degree
    36  as defined in subdivisions one and two of section 125.25  of  the  penal
    37  law,  or  such  conduct as a sexually motivated felony, where authorized
    38  pursuant to section 130.91 of the penal law; and (2) a  person  fourteen
    39  or fifteen years old who is criminally responsible for acts constituting
    40  the crimes defined in subdivisions one and two of section 125.25 (murder
    41  in  the second degree) and in subdivision three of such section provided
    42  that the underlying crime for the murder charge is one  for  which  such
    43  person  is  criminally  responsible;  section  135.25 (kidnapping in the
    44  first degree); 150.20 (arson in the first degree); subdivisions one  and
    45  two of section 120.10 (assault in the first degree); 125.20 (manslaught-
    46  er  in  the first degree); [subdivisions one and] paragraphs (a) and (b)
    47  of subdivision one, paragraphs (a) and (b) of subdivision two and  para-
    48  graphs  (a)  and (b) of subdivision three of section 130.35 (rape in the
    49  first degree); [subdivisions one and two  of  section  130.50  (criminal
    50  sexual act in the first degree);] 130.70 (aggravated sexual abuse in the
    51  first degree); 140.30 (burglary in the first degree); subdivision one of
    52  section  140.25  (burglary  in  the second degree); 150.15 (arson in the
    53  second degree); 160.15 (robbery in the first degree); subdivision two of
    54  section 160.10 (robbery in the second  degree)  of  the  penal  law;  or
    55  section  265.03 of the penal law, where such machine gun or such firearm
    56  is possessed on school grounds, as that phrase is defined in subdivision

        A. 794--E                          10

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

        A. 794--E                          11

     1  215.56  of the penal law, the arrested person need not be brought before
     2  a local criminal court, as provided in subdivision one, and  the  proce-
     3  dure may instead be as follows:
     4    § 26. Paragraph (a) of subdivision 1 of section 150.20 of the criminal
     5  procedure  law,  as  amended by section 1-a of part JJJ of chapter 59 of
     6  the laws of 2019, is amended to read as follows:
     7    (a) Whenever a police officer is authorized pursuant to section 140.10
     8  of this title to arrest a person without a warrant for an offense  other
     9  than  a  class  A,  B,  C  or D felony or a violation of section 130.25,
    10  [130.40,] 205.10, 205.17, 205.19 or 215.56 of the penal law,  he  shall,
    11  except  as  set out in paragraph (b) of this subdivision, subject to the
    12  provisions of subdivisions three and four  of  section  150.40  of  this
    13  title, instead issue to and serve upon such person an appearance ticket.
    14    § 27. Subdivision (a) of section 190.71 of the criminal procedure law,
    15  as  amended  by  chapter  7  of  the laws of 2007, is amended to read as
    16  follows:
    17    (a) Except as provided in subdivision six of section  200.20  of  this
    18  chapter,  a grand jury may not indict (i) a person thirteen years of age
    19  for any conduct or crime other than conduct constituting a crime defined
    20  in subdivisions one and two of section  125.25  (murder  in  the  second
    21  degree) or such conduct as a sexually motivated felony, where authorized
    22  pursuant  to  section 130.91 of the penal law; (ii) a person fourteen or
    23  fifteen years of age for any conduct or crime other than conduct consti-
    24  tuting a crime defined in subdivisions one and  two  of  section  125.25
    25  (murder  in  the second degree) and in subdivision three of such section
    26  provided that the underlying crime for the  murder  charge  is  one  for
    27  which  such  person is criminally responsible; 135.25 (kidnapping in the
    28  first degree); 150.20 (arson in the first degree); subdivisions one  and
    29  two of section 120.10 (assault in the first degree); 125.20 (manslaught-
    30  er  in  the first degree); [subdivisions one and] paragraphs (a) and (b)
    31  of subdivision one, paragraphs (a) and (b) of subdivision two and  para-
    32  graphs  (a)  and (b) of subdivision three of section 130.35 (rape in the
    33  first degree); [subdivisions one and two  of  section  130.50  (criminal
    34  sexual act in the first degree);] 130.70 (aggravated sexual abuse in the
    35  first degree); 140.30 (burglary in the first degree); subdivision one of
    36  section  140.25  (burglary  in  the second degree); 150.15 (arson in the
    37  second degree); 160.15 (robbery in the first degree); subdivision two of
    38  section 160.10 (robbery in the second degree) of the penal law;  [subdi-
    39  vision  four  of  section 265.02 of the penal law, where such firearm is
    40  possessed on school grounds, as that phrase is  defined  in  subdivision
    41  fourteen  of  section 220.00 of the penal law;] or section 265.03 of the
    42  penal law, where such machine gun or such firearm is possessed on school
    43  grounds, as that phrase is defined in subdivision  fourteen  of  section
    44  220.00  of  the  penal law; or defined in the penal law as an attempt to
    45  commit murder in the second degree or kidnapping in the first degree, or
    46  such conduct as a sexually motivated felony, where  authorized  pursuant
    47  to section 130.91 of the penal law.
    48    §  28.  Subdivision 4 of section 722.20 of the criminal procedure law,
    49  as added by section 1-a of part WWW of chapter 59 of the laws  of  2017,
    50  is amended to read as follows:
    51    4.  Notwithstanding  the  provisions  of subdivisions two and three of
    52  this section, the court shall, at the request of the district  attorney,
    53  order  removal  of  an  action against a juvenile offender to the family
    54  court pursuant to the provisions of article seven hundred twenty-five of
    55  this title if, upon consideration of the criteria specified in  subdivi-
    56  sion  two of section 722.22 of this article, it is determined that to do

        A. 794--E                          12

     1  so would be in the interests of  justice.  Where,  however,  the  felony
     2  complaint charges the juvenile offender with murder in the second degree
     3  as  defined in section 125.25 of the penal law, rape in the first degree
     4  as  defined in paragraph (a) of subdivision one, paragraph (a) of subdi-
     5  vision two and paragraph (a) of subdivision three of section  130.35  of
     6  the  penal  law,  [criminal sexual act in the first degree as defined in
     7  subdivision one of section 130.50 of the penal law,] or an armed  felony
     8  as  defined in paragraph (a) of subdivision forty-one of section 1.20 of
     9  this chapter, a determination that such action be removed to the  family
    10  court  shall, in addition, be based upon a finding of one or more of the
    11  following factors: (i) mitigating circumstances that bear directly  upon
    12  the manner in which the crime was committed; or (ii) where the defendant
    13  was not the sole participant in the crime, the defendant's participation
    14  was relatively minor although not so minor as to constitute a defense to
    15  the prosecution; or (iii) possible deficiencies in proof of the crime.
    16    §  29.  Subdivision 5 of section 722.21 of the criminal procedure law,
    17  as added by section 1-a of part WWW of chapter 59 of the laws  of  2017,
    18  is amended to read as follows:
    19    5.  Notwithstanding subdivisions two and three of this section, at the
    20  request of the district attorney, the court shall order  removal  of  an
    21  action  against an adolescent offender charged with an offense listed in
    22  paragraph (a) of subdivision two of section 722.23 of this  article,  to
    23  the  family  court  pursuant  to the provisions of article seven hundred
    24  twenty-five of this title and upon consideration of the criteria  speci-
    25  fied  in subdivision two of section 722.22 of this article, it is deter-
    26  mined that to do so would be in the interests of justice. Where,  howev-
    27  er,  the felony complaint charges the adolescent offender with murder in
    28  the second degree as defined in section 125.25 of the penal law, rape in
    29  the first degree as defined in paragraph (a) of subdivision  one,  para-
    30  graph  (a)  of subdivision two and paragraph (a) of subdivision three of
    31  section 130.35 of the penal law,  [criminal  sexual  act  in  the  first
    32  degree  as  defined  in  subdivision  one of section 130.50 of the penal
    33  law,] or an armed felony as defined  in  paragraph  (a)  of  subdivision
    34  forty-one  of  section  1.20  of this chapter, a determination that such
    35  action be removed to the family court shall, in addition, be based  upon
    36  a  finding  of  one  or  more  of  the following factors: (i) mitigating
    37  circumstances that bear directly upon the manner in which the crime  was
    38  committed;  or  (ii) where the defendant was not the sole participant in
    39  the crime, the defendant's participation was relatively  minor  although
    40  not  so  minor  as  to constitute a defense to the prosecution; or (iii)
    41  possible deficiencies in proof of the crime.
    42    § 30. Paragraph (b) of subdivision 1 of section 722.22 of the criminal
    43  procedure law, as added by section 1-a of part WWW of chapter 59 of  the
    44  laws of 2017, is amended to read as follows:
    45    (b)  with  the  consent  of the district attorney, order removal of an
    46  action involving an indictment charging a juvenile offender with  murder
    47  in the second degree as defined in section 125.25 of the penal law; rape
    48  in  the  first  degree,  as defined in paragraph (a) of subdivision one,
    49  paragraph (a) of subdivision two and paragraph (a) of subdivision  three
    50  of  section  130.35  of the penal law[; criminal sexual act in the first
    51  degree, as defined in subdivision one of section  130.50  of  the  penal
    52  law];  or  an  armed  felony  as defined in paragraph (a) of subdivision
    53  forty-one of section 1.20 of this chapter, to the family court  pursuant
    54  to  the provisions of article seven hundred twenty-five of this title if
    55  the court finds one or more of the  following  factors:  (i)  mitigating
    56  circumstances  that bear directly upon the manner in which the crime was

        A. 794--E                          13

     1  committed; (ii) where the defendant was not the sole participant in  the
     2  crime,  the  defendant's participation was relatively minor although not
     3  so minor as to constitute a defense to the prosecution; or (iii)  possi-
     4  ble  deficiencies in the proof of the crime, and, after consideration of
     5  the factors set forth in subdivision two  of  this  section,  the  court
     6  determined  that  removal  of the action to the family court would be in
     7  the interests of justice.
     8    § 31. Subparagraph (iii) of paragraph (g) of subdivision 5 of  section
     9  220.10  of  the criminal procedure law, as amended by chapter 264 of the
    10  laws of 2003, is amended to read as follows:
    11    (iii) Where the indictment  does  not  charge  a  crime  specified  in
    12  subparagraph  (i) of this paragraph, the district attorney may recommend
    13  removal of the action to the family court. Upon making such  recommenda-
    14  tion  the district attorney shall submit a subscribed memorandum setting
    15  forth: (1) a recommendation that the interests of justice would best  be
    16  served  by  removal  of  the  action to the family court; and (2) if the
    17  indictment charges a thirteen year old with the crime of murder  in  the
    18  second degree, or a fourteen or fifteen year old with the crimes of rape
    19  in  the  first  degree  as  defined in paragraph (a) of subdivision one,
    20  paragraph (a) of subdivision two and paragraph (a) of subdivision  three
    21  of section 130.35 of the penal law, [or criminal sexual act in the first
    22  degree  as  defined  in  subdivision  one of section 130.50 of the penal
    23  law,] or an armed felony as defined  in  paragraph  (a)  of  subdivision
    24  forty-one  of section 1.20 of this chapter specific factors, one or more
    25  of which reasonably supports the recommendation, showing, (i) mitigating
    26  circumstances that bear directly upon the manner in which the crime  was
    27  committed,  or  (ii) where the defendant was not the sole participant in
    28  the crime, that  the  defendant's  participation  was  relatively  minor
    29  although  not so minor as to constitute a defense to the prosecution, or
    30  (iii) possible deficiencies in proof of the crime,  or  (iv)  where  the
    31  juvenile  offender  has  no previous adjudications of having committed a
    32  designated felony act, as defined in subdivision eight of section  301.2
    33  of  the  family  court act, regardless of the age of the offender at the
    34  time of commission of the act, that the criminal act was not part  of  a
    35  pattern  of  criminal behavior and, in view of the history of the offen-
    36  der, is not likely to be repeated.
    37    § 32. Subdivision 6 of section 300.50 of the criminal  procedure  law,
    38  as  amended  by  chapter  264 of the laws of 2003, is amended to read as
    39  follows:
    40    6. For purposes of this section, the offenses of  rape  in  the  third
    41  degree  as  defined in [subdivision three] subdivisions seven, eight and
    42  nine of section 130.25 of the penal law [and criminal sexual act in  the
    43  third  degree  as  defined in subdivision three of section 130.40 of the
    44  penal law], are not lesser  included  offenses  of  rape  in  the  first
    45  degree[,  criminal sexual act in the first degree] or any other offense.
    46  Notwithstanding the foregoing, [either] any such offense may be  submit-
    47  ted  as a lesser included offense of the applicable first degree offense
    48  when (i) there is a reasonable view of the evidence which would  support
    49  a  finding  that the defendant committed such lesser offense but did not
    50  commit the greater  offense,  and  (ii)  both  parties  consent  to  its
    51  submission.
    52    § 32-a. Subdivision 6 of section 380.50 of the criminal procedure law,
    53  as  separately  amended  by chapters 368 and 394 of the laws of 2015, is
    54  amended to read as follows:
    55    6. Regardless of whether the victim requests to make a statement  with
    56  regard to the defendant's sentence, where the defendant is sentenced for

        A. 794--E                          14

     1  a violent felony offense as defined in section 70.02 of the penal law or
     2  a  felony  defined in article one hundred twenty-five of such law or any
     3  of the  following  provisions  of  such  law  sections  130.25,  130.30,
     4  [130.40,  130.45,]  255.25,  255.26,  255.27, article two hundred sixty-
     5  three, 135.10, 135.25, 230.05, 230.06, 230.11, 230.12, 230.13,  subdivi-
     6  sion two of section 230.30 or 230.32, the prosecutor shall, within sixty
     7  days  of  the  imposition  of  sentence, provide the victim with a form,
     8  prepared and distributed by the commissioner of the division of criminal
     9  justice services, in consultation with the director  of  the  office  of
    10  victim  services,  on  which  the  victim  may  indicate  a demand to be
    11  informed of any petition to change the  name  of  such  defendant.  Such
    12  forms  shall  be maintained by such prosecutor. Upon receipt of a notice
    13  of a petition to change the name of  any  such  defendant,  pursuant  to
    14  subdivision two of section sixty-two of the civil rights law, the prose-
    15  cutor  shall  promptly  notify the victim at the most current address or
    16  telephone number provided by such victim  in  the  most  reasonable  and
    17  expedient  possible  manner  of the time and place such petition will be
    18  presented to the court.
    19    § 33.  Paragraph (b) of subdivision 8 of section 700.05 of the  crimi-
    20  nal  procedure  law,  as  amended by chapter 134 of the laws of 2019, is
    21  amended to read as follows:
    22    (b) Any of the following felonies: assault in  the  second  degree  as
    23  defined  in section 120.05 of the penal law, assault in the first degree
    24  as defined in section 120.10 of the penal law, reckless endangerment  in
    25  the  first degree as defined in section 120.25 of the penal law, promot-
    26  ing a suicide attempt as defined in section 120.30  of  the  penal  law,
    27  strangulation  in  the second degree as defined in section 121.12 of the
    28  penal law, strangulation in the  first  degree  as  defined  in  section
    29  121.13  of  the  penal  law, criminally negligent homicide as defined in
    30  section 125.10 of the penal law, manslaughter in the  second  degree  as
    31  defined  in  section  125.15 of the penal law, manslaughter in the first
    32  degree as defined in section 125.20 of the  penal  law,  murder  in  the
    33  second  degree  as defined in section 125.25 of the penal law, murder in
    34  the first degree as defined in section 125.27 of the penal law, rape  in
    35  the  third degree as defined in section 130.25 of the penal law, rape in
    36  the second degree as defined in section 130.30 of the penal law, rape in
    37  the first degree as defined in section 130.35 of the penal law,  [crimi-
    38  nal  sexual  act in the third degree as defined in section 130.40 of the
    39  penal law, criminal sexual act  in  the  second  degree  as  defined  in
    40  section 130.45 of the penal law, criminal sexual act in the first degree
    41  as  defined  in  section  130.50  of the penal law,] sexual abuse in the
    42  first degree as defined in section 130.65 of  the  penal  law,  unlawful
    43  imprisonment  in  the  first  degree as defined in section 135.10 of the
    44  penal law, kidnapping in the second degree as defined in section  135.20
    45  of  the  penal law, kidnapping in the first degree as defined in section
    46  135.25 of the penal law, labor trafficking as defined in section  135.35
    47  of  the  penal  law,  aggravated labor trafficking as defined in section
    48  135.37 of the penal law, custodial interference in the first  degree  as
    49  defined in section 135.50 of the penal law, coercion in the first degree
    50  as  defined in section 135.65 of the penal law, criminal trespass in the
    51  first degree as defined in section 140.17 of the penal law, burglary  in
    52  the third degree as defined in section 140.20 of the penal law, burglary
    53  in  the  second  degree  as  defined in section 140.25 of the penal law,
    54  burglary in the first degree as defined in section 140.30 of  the  penal
    55  law,  criminal mischief in the third degree as defined in section 145.05
    56  of the penal law, criminal mischief in the second degree as  defined  in

        A. 794--E                          15

     1  section  145.10  of the penal law, criminal mischief in the first degree
     2  as defined in section 145.12 of the penal law, criminal tampering in the
     3  first degree as defined in section 145.20 of the penal law, arson in the
     4  fourth  degree  as  defined in section 150.05 of the penal law, arson in
     5  the third degree as defined in section 150.10 of the penal law, arson in
     6  the second degree as defined in section 150.15 of the penal  law,  arson
     7  in the first degree as defined in section 150.20 of the penal law, grand
     8  larceny  in  the fourth degree as defined in section 155.30 of the penal
     9  law, grand larceny in the third degree as defined in section  155.35  of
    10  the  penal law, grand larceny in the second degree as defined in section
    11  155.40 of the penal law, grand larceny in the first degree as defined in
    12  section 155.42 of the penal law, health care fraud in the fourth  degree
    13  as  defined in section 177.10 of the penal law, health care fraud in the
    14  third degree as defined in section 177.15 of the penal law, health  care
    15  fraud  in  the  second  degree as defined in section 177.20 of the penal
    16  law, health care fraud in the first degree as defined in section  177.25
    17  of  the  penal  law,  robbery  in the third degree as defined in section
    18  160.05 of the penal law, robbery in the  second  degree  as  defined  in
    19  section  160.10 of the penal law, robbery in the first degree as defined
    20  in section 160.15 of the penal law, unlawful use  of  secret  scientific
    21  material  as  defined  in  section  165.07  of  the  penal law, criminal
    22  possession of stolen property in the fourth degree as defined in section
    23  165.45 of the penal law, criminal possession of stolen property  in  the
    24  third  degree  as  defined  in section 165.50 of the penal law, criminal
    25  possession of stolen property in the second degree as defined by section
    26  165.52 of the penal law, criminal possession of stolen property  in  the
    27  first  degree  as  defined by section 165.54 of the penal law, trademark
    28  counterfeiting in the second degree as defined in section 165.72 of  the
    29  penal  law,  trademark  counterfeiting in the first degree as defined in
    30  section 165.73 of the penal law, forgery in the second degree as defined
    31  in section 170.10 of the penal law,  forgery  in  the  first  degree  as
    32  defined  in  section  170.15  of the penal law, criminal possession of a
    33  forged instrument in the second degree as defined in section  170.25  of
    34  the  penal  law, criminal possession of a forged instrument in the first
    35  degree  as  defined  in  section  170.30  of  the  penal  law,  criminal
    36  possession  of forgery devices as defined in section 170.40 of the penal
    37  law, falsifying business records in  the  first  degree  as  defined  in
    38  section  175.10  of  the penal law, tampering with public records in the
    39  first degree as defined in section 175.25 of the penal law,  offering  a
    40  false  instrument  for  filing in the first degree as defined in section
    41  175.35 of the penal law, issuing  a  false  certificate  as  defined  in
    42  section  175.40  of  the  penal  law, criminal diversion of prescription
    43  medications and prescriptions in the second degree as defined in section
    44  178.20 of the penal law, criminal diversion of prescription  medications
    45  and  prescriptions  in  the first degree as defined in section 178.25 of
    46  the penal law, residential  mortgage  fraud  in  the  fourth  degree  as
    47  defined  in  section 187.10 of the penal law, residential mortgage fraud
    48  in the third degree as defined in section 187.15 of the penal law, resi-
    49  dential mortgage fraud in the second degree as defined in section 187.20
    50  of the penal law, residential mortgage fraud  in  the  first  degree  as
    51  defined  in section 187.25 of the penal law, escape in the second degree
    52  as defined in section 205.10 of the  penal  law,  escape  in  the  first
    53  degree  as  defined  in section 205.15 of the penal law, absconding from
    54  temporary release in the first degree as defined in  section  205.17  of
    55  the  penal  law,  promoting  prison  contraband  in  the first degree as
    56  defined in section 205.25 of the penal law, hindering prosecution in the

        A. 794--E                          16

     1  second degree as defined in section 205.60 of the penal  law,  hindering
     2  prosecution  in  the  first  degree  as defined in section 205.65 of the
     3  penal law, sex trafficking as defined in section  230.34  of  the  penal
     4  law,  sex  trafficking  of a child as defined in section 230.34-a of the
     5  penal law, criminal possession of  a  weapon  in  the  third  degree  as
     6  defined  in  subdivisions  two,  three and five of section 265.02 of the
     7  penal law, criminal possession of a  weapon  in  the  second  degree  as
     8  defined  in  section  265.03  of the penal law, criminal possession of a
     9  weapon in the first degree as defined in section  265.04  of  the  penal
    10  law,  manufacture,  transport, disposition and defacement of weapons and
    11  dangerous instruments and appliances defined as felonies in subdivisions
    12  one, two, and three of section 265.10 of the penal law, sections 265.11,
    13  265.12 and 265.13 of the penal law, or  prohibited  use  of  weapons  as
    14  defined  in subdivision two of section 265.35 of the penal law, relating
    15  to firearms and other dangerous weapons, criminal manufacture,  sale  or
    16  transport  of  an  undetectable  firearm, rifle or shotgun as defined in
    17  section 265.50 of the penal law, or failure to disclose the origin of  a
    18  recording  in the first degree as defined in section 275.40 of the penal
    19  law;
    20    § 34. Paragraph (a) of subdivision 2 of section 720.10 of the criminal
    21  procedure law, as amended by chapter 316 of the laws of 2006, is amended
    22  to read as follows:
    23    (a) the conviction to be replaced by a youthful  offender  finding  is
    24  for  (i)  a  class  A-I or class A-II felony, or (ii) an armed felony as
    25  defined in subdivision forty-one of section 1.20, except as provided  in
    26  subdivision  three,  or (iii) rape in the first degree[, criminal sexual
    27  act in the first degree,] or aggravated sexual abuse, except as provided
    28  in subdivision three, or
    29    § 35. Paragraph (a) of subdivision 2 and paragraph (a) of  subdivision
    30  3 of section 168-a of the correction law, paragraph (a) of subdivision 2
    31  as amended by chapter 405 of the laws of 2008, subparagraph (i) of para-
    32  graph (a) of subdivision 2 as amended by chapter 189 of the laws of 2018
    33  and paragraph (a) of subdivision 3 as amended by chapter 107 of the laws
    34  of 2006, are amended to read as follows:
    35    (a)  (i)  a conviction of or a conviction for an attempt to commit any
    36  of the provisions of sections 120.70, 130.20, 130.25,  130.30,  [130.40,
    37  130.45,]  130.60,  230.34, 230.34-a 250.50, 255.25, 255.26 and 255.27 or
    38  article two hundred sixty-three of the penal  law,  or  section  135.05,
    39  135.10,  135.20  or  135.25 of such law relating to kidnapping offenses,
    40  provided the victim of such kidnapping or related offense is  less  than
    41  seventeen years old and the offender is not the parent of the victim, or
    42  section  230.04, where the person patronized is in fact less than seven-
    43  teen years of age, 230.05, 230.06, 230.11, 230.12,  230.13,  subdivision
    44  two  of  section  230.30, section 230.32, 230.33, or 230.34 of the penal
    45  law, or section 230.25 of the penal law where the person prostituted  is
    46  in  fact  less  than  seventeen  years old, or (ii) a conviction of or a
    47  conviction for an attempt to commit any of  the  provisions  of  section
    48  235.22 of the penal law, or (iii) a conviction of or a conviction for an
    49  attempt  to commit any provisions of the foregoing sections committed or
    50  attempted as a hate crime defined in section 485.05 of the penal law  or
    51  as  a  crime  of terrorism defined in section 490.25 of such law or as a
    52  sexually motivated felony defined in section 130.91 of such law; or
    53    (a) (i) a conviction of or a conviction for an attempt to  commit  any
    54  of  the provisions of sections 130.35, [130.50,] 130.65, 130.66, 130.67,
    55  130.70, 130.75, 130.80, 130.95 and 130.96 of the penal law,  or  (ii)  a
    56  conviction  of  or  a  conviction  for  an  attempt to commit any of the

        A. 794--E                          17

     1  provisions of sections 130.53, 130.65-a and 130.90 of the penal law,  or
     2  (iii)  a  conviction  of  or  a  conviction for an attempt to commit any
     3  provisions of the foregoing sections committed or attempted  as  a  hate
     4  crime  defined  in  section  485.05  of  the  penal law or as a crime of
     5  terrorism defined in section 490.25 of such law; or
     6    § 36. Subparagraph (ii) of paragraph (a), subparagraphs (i)  and  (ii)
     7  of  paragraph (b) and paragraph (e) of subdivision 8 of section 384-b of
     8  the social services law, subparagraph (ii) of paragraph (a) and subpara-
     9  graph (i) of paragraph (b) as amended by chapter  430  of  the  laws  of
    10  2013, subparagraph (ii) of paragraph (b) as amended and paragraph (e) as
    11  added by chapter 7 of the laws of 1999, are amended to read as follows:
    12    (ii)  the  child  has  been found to be an abused child, as defined in
    13  paragraph (iii) of subdivision (e) of section ten hundred twelve of  the
    14  family  court act, as a result of such parent's acts; provided, however,
    15  the respondent must have committed or knowingly allowed to be  committed
    16  a  felony  sex  offense  as  defined in sections 130.25, 130.30, 130.35,
    17  [130.40, 130.45, 130.50,] 130.65, 130.67, 130.70, 130.75, 130.80, 130.95
    18  and 130.96 of the penal law and, for the purposes of  this  section  the
    19  corroboration requirements contained in the penal law shall not apply to
    20  proceedings under this section; or
    21    (i)  the child has been found to be an abused child, (A) as defined in
    22  paragraph (i) of subdivision (e) of section ten hundred  twelve  of  the
    23  family  court  act, as a result of such parent's acts; or (B) as defined
    24  in paragraph (iii) of subdivision (e) of section ten hundred  twelve  of
    25  the  family  court  act,  as  a  result of such parent's acts; provided,
    26  however, the respondent must have committed or knowingly allowed  to  be
    27  committed  a  felony  sex offense as defined in sections 130.25, 130.30,
    28  130.35,  [130.40,  130.45,  130.50,]  130.65,  130.67,  130.70,  130.75,
    29  130.80, 130.95 and 130.96 of the penal law; and
    30    (ii)  (A)  the child or another child for whose care such parent is or
    31  has been legally responsible has been previously found, within the  five
    32  years  immediately  preceding  the initiation of the proceeding in which
    33  such abuse is found, to be an abused child, as defined in paragraph  (i)
    34  or  (iii) of subdivision (e) of section ten hundred twelve of the family
    35  court act, as a result of such parent's acts; provided, however, in  the
    36  case  of a finding of abuse as defined in paragraph (iii) of subdivision
    37  (e) of section ten hundred twelve of the family court act the respondent
    38  must have committed or knowingly allowed to be committed  a  felony  sex
    39  offense  as defined in sections 130.25, 130.30, 130.35, [130.40, 130.45,
    40  130.50,] 130.65, 130.67, 130.70, 130.75 and 130.80 of the penal law,  or
    41  (B)  the  parent  has  been  convicted  of a crime under section 130.25,
    42  130.30, 130.35, [130.40, 130.45, 130.50,] 130.65, 130.67, 130.70, 130.75
    43  or 130.80 of the penal law against the child, a sibling of the child  or
    44  another  child for whose care such parent is or has been legally respon-
    45  sible, within the five year period immediately preceding the  initiation
    46  of the proceeding in which abuse is found; and
    47    (e) A determination by the court in accordance with article ten of the
    48  family  court  act based upon clear and convincing evidence that a child
    49  was abused (A) as defined in paragraph (i) of subdivision (e) of section
    50  ten hundred twelve of the family court act, as a result of such parent's
    51  acts; or (B) as defined in paragraph (iii) of subdivision (e) of section
    52  ten hundred twelve of the family court act, as a result of such parent's
    53  acts; provided, however, the respondent must have committed or knowingly
    54  allowed to be committed a felony sex  offense  as  defined  in  sections
    55  130.25,  130.30,  130.35,  [130.40,  130.45,  130.50,]  130.65,  130.67,
    56  130.70, 130.75 and 130.80 of the penal  law  shall  establish  that  the

        A. 794--E                          18

     1  child was an abused child for the purpose of a determination as required
     2  by subparagraph (i) or (ii) of paragraph (b) of this subdivision. Such a
     3  determination  by the court in accordance with article ten of the family
     4  court  act based upon a fair preponderance of evidence shall be admissi-
     5  ble in any proceeding commenced in accordance with this section.
     6    § 37. Paragraphs (a) and (b) of subdivision 4 of section 509-cc of the
     7  vehicle and traffic law, paragraph (a) as amended by chapter 189 of  the
     8  laws  of 2018 and paragraph (b) as amended by chapter 400 of the laws of
     9  2011, are amended to read as follows:
    10    (a) The offenses referred to in subparagraph (ii) of paragraph (a)  of
    11  subdivision  one  and  paragraph  (a) of subdivision two of this section
    12  that result in permanent disqualification  shall  include  a  conviction
    13  under  sections  125.12, 125.13, 125.14, 125.15, 125.20, 125.21, 125.22,
    14  125.25,  125.26,  125.27,  130.30,  130.35,  [130.45,  130.50,]  130.65,
    15  130.66,  130.67, 130.70, 130.75, 130.80, 130.90, 130.95, 130.96, 135.25,
    16  150.20,  230.30,  230.32,  230.34,  230.34-a,  235.22,  263.05,  263.10,
    17  263.11,  263.15,  263.16 of the penal law or an attempt to commit any of
    18  the aforesaid offenses under section 110.00 of the  penal  law,  or  any
    19  offenses  committed  under a former section of the penal law which would
    20  constitute violations of the aforesaid sections of the penal law, or any
    21  offenses committed outside this state which would constitute  violations
    22  of the aforesaid sections of the penal law.
    23    (b)  The offenses referred to in subparagraph (ii) of paragraph (a) of
    24  subdivision one and paragraph (b) of subdivision  two  of  this  section
    25  that  result  in  permanent  disqualification shall include a conviction
    26  under sections 100.13, 105.15, 105.17, 115.08, 120.12,  120.70,  125.10,
    27  125.11,  [130.40,]  130.53,  130.60,  130.65-a,  135.20, 160.15, 220.18,
    28  220.21, 220.39, 220.41, 220.43, 220.44, 230.25, 260.00,  265.04  of  the
    29  penal  law  or  an attempt to commit any of the aforesaid offenses under
    30  section 110.00 of the penal law,  or  any  offenses  committed  under  a
    31  former section of the penal law which would constitute violations of the
    32  aforesaid  sections  of the penal law, or any offenses committed outside
    33  this state which would constitute violations of the  aforesaid  sections
    34  of the penal law.
    35    §  38.  Subdivision  (b)  of  section  117 of the family court act, as
    36  amended by chapter 7 of the laws of 2007, is amended to read as follows:
    37    (b) For every juvenile  delinquency  proceeding  under  article  three
    38  involving  an  allegation of an act committed by a person which, if done
    39  by an adult, would be a crime (i) defined in sections 125.27 (murder  in
    40  the first degree); 125.25 (murder in the second degree); 135.25 (kidnap-
    41  ping  in the first degree); or 150.20 (arson in the first degree) of the
    42  penal law committed by a person thirteen, fourteen or fifteen  years  of
    43  age;  or  such  conduct  committed as a sexually motivated felony, where
    44  authorized pursuant to section 130.91 of the penal law; (ii) defined  in
    45  sections  120.10  (assault in the first degree); 125.20 (manslaughter in
    46  the first degree); 130.35 (rape in the first degree); [130.50  (criminal
    47  sexual  act  in  the  first  degree);]  135.20 (kidnapping in the second
    48  degree), but only where the abduction involved the use or threat of  use
    49  of deadly physical force; 150.15 (arson in the second degree); or 160.15
    50  (robbery  in  the  first  degree) of the penal law committed by a person
    51  thirteen, fourteen or fifteen years of age; or such conduct committed as
    52  a sexually motivated felony, where authorized pursuant to section 130.91
    53  of the penal law; (iii) defined in the penal law as an attempt to commit
    54  murder in the first or second degree or kidnapping in the  first  degree
    55  committed  by  a  person  thirteen, fourteen or fifteen years of age; or
    56  such conduct committed as a sexually motivated felony, where  authorized

        A. 794--E                          19

     1  pursuant  to  section  130.91  of the penal law; (iv) defined in section
     2  140.30 (burglary in the first degree); subdivision one of section 140.25
     3  (burglary in the second  degree);  subdivision  two  of  section  160.10
     4  (robbery  in  the  second degree) of the penal law; or section 265.03 of
     5  the penal law, where such machine gun or such firearm  is  possessed  on
     6  school  grounds,  as  that  phrase is defined in subdivision fourteen of
     7  section 220.00 of the penal  law  committed  by  a  person  fourteen  or
     8  fifteen  years of age; or such conduct committed as a sexually motivated
     9  felony, where authorized pursuant to section 130.91 of  the  penal  law;
    10  (v)  defined  in section 120.05 (assault in the second degree) or 160.10
    11  (robbery in the second degree) of the penal law committed  by  a  person
    12  fourteen  or  fifteen years of age but only where there has been a prior
    13  finding by a court that such person  has  previously  committed  an  act
    14  which,  if  committed  by an adult, would be the crime of assault in the
    15  second degree, robbery in the second degree or any designated felony act
    16  specified in clause (i), (ii) or (iii) of this subdivision regardless of
    17  the age of such person at the time of the commission of the  prior  act;
    18  or  (vi)  other than a misdemeanor, committed by a person at least seven
    19  but less than sixteen years of age, but only where there  has  been  two
    20  prior  findings  by the court that such person has committed a prior act
    21  which, if committed by an adult would be a felony:
    22    (i) There is hereby established in the family court in the city of New
    23  York at least one "designated felony act part." Such part or parts shall
    24  be held separate from all other proceedings of the court, and shall have
    25  jurisdiction over all proceedings involving such an allegation. All such
    26  proceedings shall be originated in or be transferred to this  part  from
    27  other parts as they are made known to the court.
    28    (ii)  Outside  the city of New York, all proceedings involving such an
    29  allegation shall have a hearing preference over every  other  proceeding
    30  in the court, except proceedings under article ten.
    31    §  39.  Paragraph (ii) of subdivision 8 of section 301.2 of the family
    32  court act, as amended by section 57 of part WWW of  chapter  59  of  the
    33  laws of 2017, is amended to read as follows:
    34    (ii)  defined in sections 120.10 (assault in the first degree); 125.20
    35  (manslaughter in the first degree); 130.35 (rape in the  first  degree);
    36  [130.50  (criminal  sexual act in the first degree);] 130.70 (aggravated
    37  sexual abuse in the first degree);  135.20  (kidnapping  in  the  second
    38  degree)  but  only where the abduction involved the use or threat of use
    39  of deadly physical force; 150.15 (arson in the second degree) or  160.15
    40  (robbery  in  the  first  degree) of the penal law committed by a person
    41  thirteen, fourteen, fifteen, or sixteen, or, commencing  October  first,
    42  two thousand nineteen, seventeen years of age; or such conduct committed
    43  as  a  sexually  motivated  felony, where authorized pursuant to section
    44  130.91 of the penal law;
    45    § 40. Subdivision 4 of section 308.1  of  the  family  court  act,  as
    46  amended  by  chapter  264  of  the  laws  of 2003, is amended to read as
    47  follows:
    48    4. The probation service shall not adjust a case in  which  the  child
    49  has  allegedly committed a delinquent act which would be a crime defined
    50  in section 120.25, (reckless endangerment in the first degree), subdivi-
    51  sion one of section 125.15, (manslaughter in the second degree), [subdi-
    52  vision] subdivisions one, two and three of section 130.25, (rape in  the
    53  third  degree), [subdivision one of section 130.40, (criminal sexual act
    54  in the third degree),] subdivision one or two of section 130.65, (sexual
    55  abuse in the first degree),  section  135.65,  (coercion  in  the  first
    56  degree), section 140.20, (burglary in the third degree), section 150.10,

        A. 794--E                          20

     1  (arson  in  the  third  degree),  section  160.05, (robbery in the third
     2  degree), subdivision two, three or four  of  section  265.02,  (criminal
     3  possession  of  a weapon in the third degree), section 265.03, (criminal
     4  possession of a weapon in the second degree), or section 265.04, (crimi-
     5  nal  possession  of a dangerous weapon in the first degree) of the penal
     6  law where the child has previously had one or more adjustments of a case
     7  in which such child allegedly committed an act which would  be  a  crime
     8  specified  in  this  subdivision unless it has received written approval
     9  from the court and the appropriate presentment agency.
    10    § 41. Subdivision (c) of section 1052 of  the  family  court  act,  as
    11  added by chapter 739 of the laws of 1981, is amended to read as follows:
    12    (c)  Prior to granting an order of disposition pursuant to subdivision
    13  (a) of this section following an adjudication of child abuse, as defined
    14  in paragraph (i) of subdivision (e) of section  ten  hundred  twelve  of
    15  this  act  or  a  finding of a felony sex offense as defined in sections
    16  130.25, 130.30, 130.35, [130.40, 130.45, 130.50,] 130.65 and  130.70  of
    17  the penal law, the court shall advise the respondent that any subsequent
    18  adjudication  of child abuse, as defined in paragraph (i) of subdivision
    19  (e) of section one thousand twelve of this act or any subsequent finding
    20  of a felony sex offense as defined in those sections of  the  penal  law
    21  herein  enumerated,  arising out of acts of the respondent may result in
    22  the commitment of the guardianship and custody of the child  or  another
    23  child  pursuant  to  section  three  hundred eighty-four-b of the social
    24  services law. The order in such cases shall contain a statement that any
    25  subsequent adjudication of child  abuse  or  finding  of  a  felony  sex
    26  offense  as described herein may result in the commitment of the guardi-
    27  anship and custody of the child, or another child  pursuant  to  section
    28  three hundred eighty-four-b of the social services law.
    29    §  42. Subdivision 2 of section 61 of the civil rights law, as amended
    30  by section 54 of subpart B of part C of chapter 62 of the laws of  2011,
    31  is amended to read as follows:
    32    2.  If  the petitioner stands convicted of a violent felony offense as
    33  defined in section 70.02 of the penal law or a felony defined in article
    34  one hundred twenty-five of such law or any of the  following  provisions
    35  of  such  law sections 130.25, 130.30, [130.40, 130.45,] 255.25, 255.26,
    36  255.27, article two hundred sixty-three, 135.10, 135.25, 230.05, 230.06,
    37  subdivision two of section 230.30 or 230.32, and is  currently  confined
    38  as  an inmate in any correctional facility or currently under the super-
    39  vision of the department of corrections and community supervision  or  a
    40  county probation department as a result of such conviction, the petition
    41  shall  for each such conviction specify such felony conviction, the date
    42  of  such  conviction  or  convictions,  and  the  court  in  which  such
    43  conviction or convictions were entered.
    44    §  43. Subdivision 2 of section 62 of the civil rights law, as amended
    45  by section 55 of subpart B of part C of chapter 62 of the laws of  2011,
    46  is amended to read as follows:
    47    2.  If  the  petition  be  to  change  the  name of a person currently
    48  confined as an inmate in any correctional facility  or  currently  under
    49  the  supervision  of  the department of corrections and community super-
    50  vision or a county probation department as a result of a conviction  for
    51  a violent felony offense as defined in section 70.02 of the penal law or
    52  a  felony  defined in article one hundred twenty-five of such law or any
    53  of the  following  provisions  of  such  law  sections  130.25,  130.30,
    54  [130.40,  130.45,]  255.25,  255.26,  255.27, article two hundred sixty-
    55  three, 135.10, 135.25, 230.05, 230.06, subdivision two of section 230.30
    56  or 230.32, notice of the time and place when and where the petition will

        A. 794--E                          21

     1  be presented shall be served, in like manner as a  notice  of  a  motion
     2  upon an attorney in an action, upon the district attorney of every coun-
     3  ty  in  which such person has been convicted of such felony and upon the
     4  court  or  courts  in  which  the  sentence for such felony was entered.
     5  Unless a shorter period of time is ordered by  the  court,  said  notice
     6  shall be served upon each such district attorney and court or courts not
     7  less than sixty days prior to the date on which such petition is noticed
     8  to be heard.
     9    §  44. The closing paragraph of section 64 of the civil rights law, as
    10  separately amended by chapters 258, 320 and 481 of the laws of 2006,  is
    11  amended to read as follows:
    12    Upon  compliance with the order and the filing of the affidavit of the
    13  publication, as provided in this section, the  clerk  of  the  court  in
    14  which  the  order has been entered shall certify that the order has been
    15  complied with; and, if the petition states that  the  petitioner  stands
    16  convicted of a violent felony offense as defined in section 70.02 of the
    17  penal law or a felony defined in article one hundred twenty-five of such
    18  law  or  any  of  the  following provisions of such law sections 130.25,
    19  130.30, [130.40, 130.45,] 255.25, 255.26, 255.27,  article  two  hundred
    20  sixty-three,  135.10, 135.25, 230.05, 230.06, subdivision two of section
    21  230.30 or 230.32, such clerk (1) shall deliver, by first class  mail,  a
    22  copy  of  such  certified  order  to  the  division  of criminal justice
    23  services at its office in the county of Albany and (2) upon the clerk of
    24  the court reviewing the petitioner's application  for  name  change  and
    25  subsequent in-court inquiry, may, in the clerk's discretion, deliver, by
    26  first class mail, the petitioner's new name with such certified order to
    27  the court of competent jurisdiction which imposed the orders of support.
    28  Such  certification shall appear on the original order and on any certi-
    29  fied copy thereof and shall be entered in the  clerk's  minutes  of  the
    30  proceeding.
    31    § 45. Section 213-c of the civil practice law and rules, as amended by
    32  chapter 315 of the laws of 2019, is amended to read as follows:
    33    §  213-c.  Action  by  victim  of  conduct constituting certain sexual
    34  offenses. Notwithstanding any other limitation set forth in  this  arti-
    35  cle,  except as provided in subdivision (b) of section two hundred eight
    36  of this article, all civil claims or causes of  action  brought  by  any
    37  person for physical, psychological or other injury or condition suffered
    38  by such person as a result of conduct which would constitute rape in the
    39  first  degree  as defined in section 130.35 of the penal law, or rape in
    40  the second degree as defined in subdivision two of section 130.30 of the
    41  penal law, or rape in the third degree as defined in subdivision one  or
    42  three of section 130.25 of the penal law, [or criminal sexual act in the
    43  first  degree as defined in section 130.50 of the penal law, or criminal
    44  sexual act in the second degree as defined in subdivision two of section
    45  130.45 of the penal law, or criminal sexual act in the third  degree  as
    46  defined in subdivision one or three of section 130.40 of the penal law,]
    47  or  incest in the first degree as defined in section 255.27 of the penal
    48  law, or incest in the second degree as defined in section 255.26 of  the
    49  penal  law  (where  the  crime committed is rape in the second degree as
    50  defined in subdivision two of section 130.30 of the penal law or  crimi-
    51  nal  sexual  act  in  the second degree as defined in subdivision two of
    52  section 130.45), or aggravated sexual  abuse  in  the  first  degree  as
    53  defined  in section 130.70 of the penal law, or course of sexual conduct
    54  against a child in the first degree as defined in section 130.75 of  the
    55  penal  law  may be brought against any party whose intentional or negli-
    56  gent acts or omissions are alleged to have resulted in the commission of

        A. 794--E                          22

     1  the said conduct, within twenty years. Nothing in this section shall  be
     2  construed  to  require  that  a criminal charge be brought or a criminal
     3  conviction be obtained as a condition  of  bringing  a  civil  cause  of
     4  action  or  receiving  a  civil  judgment pursuant to this section or be
     5  construed to require that any of the rules governing a criminal proceed-
     6  ing be applicable to any such civil action.
     7    § 46. Paragraph (b) of subdivision 8 of section 215 of the civil prac-
     8  tice law and rules, as added by chapter  3  of  the  laws  of  2006,  is
     9  amended to read as follows:
    10    (b)  Whenever  it  is  shown  that  a criminal action against the same
    11  defendant has been commenced with respect to  the  event  or  occurrence
    12  from  which  a  claim governed by this section arises, and such criminal
    13  action is for rape in the first degree as defined in section  130.35  of
    14  the penal law, [or criminal sexual act in the first degree as defined in
    15  section  130.50  of  the  penal  law,] or aggravated sexual abuse in the
    16  first degree as defined in section 130.70 of the penal law, or course of
    17  sexual conduct against a child in the first degree as defined in section
    18  130.75 of the penal law, the plaintiff shall have at  least  five  years
    19  from  the  termination of the criminal action as defined in section 1.20
    20  of the criminal procedure law in which to  commence  the  civil  action,
    21  notwithstanding  that  the  time  in  which  to commence such action has
    22  already expired or has less than a year remaining.
    23    § 47. Subdivision 11 of section 123 of  the  agriculture  and  markets
    24  law,  as amended by chapter 392 of the laws of 2004, and such section as
    25  renumbered by section 18 of part T of chapter 59 of the laws of 2010, is
    26  amended to read as follows:
    27    11. The owner shall not be liable pursuant to subdivision six,  seven,
    28  eight,  nine  or ten of this section if the dog was coming to the aid or
    29  defense of a person during the commission or attempted commission  of  a
    30  murder, robbery, burglary, arson, rape in the first degree as defined in
    31  paragraph  (a)  or  (b) of subdivision one [or], paragraph (a) or (b) of
    32  subdivision two or paragraph (a) or (b) of subdivision three of  section
    33  130.35  of  the  penal  law[, criminal sexual act in the first degree as
    34  defined in subdivision one or two of section 130.50 of the penal law] or
    35  kidnapping within the dwelling or upon the real property of the owner of
    36  the dog and the dog injured or killed the person committing such  crimi-
    37  nal activity.
    38    §  48.  Section 4 of the judiciary law, as amended by chapter 1 of the
    39  laws of 2019, is amended to read as follows:
    40    § 4. Sittings of courts to be public.  The  sittings  of  every  court
    41  within  this  state shall be public, and every citizen may freely attend
    42  the same, except that  in  all  proceedings  and  trials  in  cases  for
    43  divorce,  seduction, rape, assault with intent to commit rape, [criminal
    44  sexual act,] bastardy or filiation, the court may,  in  its  discretion,
    45  exclude  therefrom  all persons who are not directly interested therein,
    46  excepting jurors, witnesses, and officers of the court.
    47    § 49. Subdivision 2 of section 120.60 of the penal law, as amended  by
    48  chapter 434 of the laws of 2000, is amended to read as follows:
    49    2. commits a class A misdemeanor defined in article one hundred thirty
    50  of this chapter, or a class E felony defined in section 130.25, [130.40]
    51  or 130.85 of this chapter, or a class D felony defined in section 130.30
    52  [or 130.45] of this chapter.
    53    §  50.  Subdivision 1 of section 210.16 of the criminal procedure law,
    54  as added by chapter 571 of the laws of  2007,  is  amended  to  read  as
    55  follows:

        A. 794--E                          23

     1    1.  (a)  In a case where an indictment or a superior court information
     2  has been filed with a superior court which charges the defendant with  a
     3  felony  offense  enumerated in any section of article one hundred thirty
     4  of the penal law where an act of "[sexual  intercourse]  vaginal  sexual
     5  contact",  "oral  sexual  [conduct]  contact"  or "anal sexual [conduct]
     6  contact," as those terms are defined in section 130.00 of the penal law,
     7  is required as an essential element  for  the  commission  thereof,  the
     8  court  shall, upon a request of the victim within six months of the date
     9  of the crimes charged, order that the defendant submit to human  immuno-
    10  deficiency  virus (HIV) related testing. Testing of a defendant shall be
    11  ordered when the result would provide medical benefit to the victim or a
    12  psychological benefit to the victim. Medical benefit shall be found when
    13  the following elements are satisfied: (i) a decision  is  pending  about
    14  beginning,  continuing,  or discontinuing a medical intervention for the
    15  victim; and (ii) the result of an HIV test of the accused  could  affect
    16  that  decision, and could provide relevant information beyond that which
    17  would be provided by an HIV test of the victim. If testing the defendant
    18  would provide medical benefit to the victim or a  psychological  benefit
    19  to  the  victim, then the testing is to be conducted by a state, county,
    20  or local public health officer designated by the  order.  Test  results,
    21  which  shall not be disclosed to the court, shall be communicated to the
    22  defendant and the victim named in  the  order  in  accordance  with  the
    23  provisions  of  section twenty-seven hundred eighty-five-a of the public
    24  health law.
    25    (b) For the purposes of this section, the terms "victim"  and  "appli-
    26  cant" mean the person with whom the defendant is charged to have engaged
    27  in an act of "[sexual intercourse] vaginal sexual contact", "oral sexual
    28  [conduct]  contact"  or  "anal sexual [conduct] contact", as those terms
    29  are defined in section 130.00 of the penal law, where such conduct  with
    30  such  victim  was  the  basis for charging the defendant with an offense
    31  specified in paragraph (a) of this subdivision.
    32    § 51. Subdivision 1 of section 390.15 of the criminal  procedure  law,
    33  as  amended  by  chapter  264 of the laws of 2003, is amended to read as
    34  follows:
    35    1. (a) In any case where  the  defendant  is  convicted  of  a  felony
    36  offense  enumerated  in any section of article one hundred thirty of the
    37  penal law, or any subdivision of section 130.20 of such  law,  where  an
    38  act  of  "[sexual  intercourse]  vaginal  sexual  contact", "oral sexual
    39  [conduct] contact" or "anal sexual [conduct] contact,"  as  those  terms
    40  are defined in section 130.00 of the penal law, is required as an essen-
    41  tial  element for the commission thereof, the court must, upon a request
    42  of the victim, order that the defendant submit to human immunodeficiency
    43  (HIV) related testing. The testing is to be conducted by a state,  coun-
    44  ty,  or  local  public  health  officer  designated  by  the order. Test
    45  results, which shall not be disclosed to the court,  shall  be  communi-
    46  cated  to  the defendant and the victim named in the order in accordance
    47  with the provisions of section twenty-seven hundred eighty-five-a of the
    48  public health law, but such results and disclosure need not be completed
    49  prior to the imposition of sentence.
    50    (b)  For  the  purposes  of  this  section,  the  terms   "defendant",
    51  "conviction" and "sentence" mean and include, respectively, an "eligible
    52  youth," a "youthful offender finding" and a "youthful offender sentence"
    53  as  those  terms are defined in section 720.10 of this chapter. The term
    54  "victim" means the person with whom the defendant engaged in an  act  of
    55  "[sexual  intercourse]  vaginal  sexual contact", "oral sexual [conduct]
    56  contact" or "anal sexual [conduct] contact", as those terms are  defined

        A. 794--E                          24

     1  in  section 130.00 of the penal law, where such conduct with such victim
     2  was the basis for the defendant's conviction of an offense specified  in
     3  paragraph (a) of this subdivision.
     4    §  52.  Subdivision  1  of  section  347.1 of the family court act, as
     5  amended by chapter 264 of the laws  of  2003,  is  amended  to  read  as
     6  follows:
     7    1.  (a)  In  any  proceeding where the respondent is found pursuant to
     8  section 345.1 or 346.1 of this  article,  to  have  committed  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,  for  which
    11  an  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 respondent submit to human immunodeficien-
    16  cy (HIV) related testing. The testing is to be  conducted  by  a  state,
    17  county,  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 respondent 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.
    22    (b) For the purposes of this section,  the  term  "victim"  means  the
    23  person  with  whom  the  respondent engaged in an act of "[sexual inter-
    24  course] vaginal sexual contact",  "oral  sexual  [conduct]  contact"  or
    25  "anal  sexual  [conduct] contact", as those terms are defined in section
    26  130.00 of the penal law, where such conduct with  such  victim  was  the
    27  basis for the court's finding that the respondent committed acts consti-
    28  tuting  one  or  more of the offenses specified in paragraph (a) of this
    29  subdivision.
    30    § 53. Subdivision (a) of section 130.16 of the penal law,  as  amended
    31  by chapter 264 of the laws of 2003, is amended to read as follows:
    32    (a) Establish that an attempt was made to engage the victim in [sexual
    33  intercourse] vaginal sexual contact, oral sexual [conduct] contact, anal
    34  sexual  [conduct] contact, or sexual contact, as the case may be, at the
    35  time of the occurrence; and
    36    § 54. Section 130.20 of the penal law, as amended by chapter 1 of  the
    37  laws  of  2000,  subdivision  2 as amended by chapter 264 of the laws of
    38  2003, is amended to read as follows:
    39  § 130.20 Sexual misconduct.
    40    A person is guilty of sexual misconduct when:
    41    1. He or she engages in [sexual intercourse]  vaginal  sexual  contact
    42  with another person without such person's consent; or
    43    2.  He  or she engages in oral sexual [conduct or anal sexual conduct]
    44  contact with another person without such person's consent; or
    45    3.  He or she engages in anal sexual contact with another person with-
    46  out such person's consent; or
    47    4. He or she engages in sexual conduct with an animal or a dead  human
    48  body.
    49    Sexual misconduct is a class A misdemeanor.
    50    § 55. Paragraphs (a) and (b) of subdivision 1 of section 130.75 of the
    51  penal law, as amended by chapter 264 of the laws of 2003, are amended to
    52  read as follows:
    53    (a)  he  or  she  engages in two or more acts of sexual conduct, which
    54  includes at  least  one  act  of  [sexual  intercourse]  vaginal  sexual
    55  contact, oral sexual [conduct] contact, anal sexual [conduct] contact or
    56  aggravated sexual contact, with a child less than eleven years old; or

        A. 794--E                          25

     1    (b)  he  or  she,  being eighteen years old or more, engages in two or
     2  more acts of sexual conduct, which include at least one act  of  [sexual
     3  intercourse] vaginal sexual contact, oral sexual [conduct] contact, anal
     4  sexual [conduct] contact or aggravated sexual contact, with a child less
     5  than thirteen years old.
     6    §  56. Subdivision 1 of section 235.00 of the penal law, as amended by
     7  chapter 264 of the laws of 2003, is amended to read as follows:
     8    1. "Obscene." Any material or performance  is  "obscene"  if  (a)  the
     9  average  person,  applying  contemporary community standards, would find
    10  that considered as a whole, its predominant appeal is  to  the  prurient
    11  interest in sex, and (b) it depicts or describes in a patently offensive
    12  manner,   actual  or  simulated:  [sexual  intercourse]  vaginal  sexual
    13  contact, [criminal sexual act] oral sexual contact, anal sexual contact,
    14  sexual bestiality, masturbation, sadism, masochism,  excretion  or  lewd
    15  exhibition  of  the  genitals,  and  (c) considered as a whole, it lacks
    16  serious literary, artistic, political, and scientific value. Predominant
    17  appeal shall be judged with  reference  to  ordinary  adults  unless  it
    18  appears  from  the character of the material or the circumstances of its
    19  dissemination to be designed for children or other [specially] especial-
    20  ly susceptible audience.
    21    § 57. Subdivision 2 of section 235.22 of the penal law, as amended  by
    22  chapter 264 of the laws of 2003, is amended to read as follows:
    23    2.  by means of such communication he importunes, invites or induces a
    24  minor to engage in [sexual intercourse]  vaginal  sexual  contact,  oral
    25  sexual  [conduct]  contact  or  anal sexual [conduct] contact, or sexual
    26  contact with him, or to engage in a sexual performance,  obscene  sexual
    27  performance, or sexual conduct for his benefit.
    28    §  58.  Section  255.25 of the penal law, as amended by chapter 320 of
    29  the laws of 2006, is amended to read as follows:
    30  § 255.25 Incest in the third degree.
    31    A person is guilty of incest in  the  third  degree  when  he  or  she
    32  marries  or engages in [sexual intercourse] vaginal sexual contact, oral
    33  sexual [conduct] contact or anal sexual [conduct] contact with a  person
    34  whom  he  or  she  knows  to  be  related to him or her, whether through
    35  marriage or not, as an ancestor, descendant, brother or sister of either
    36  the whole or the half blood, uncle, aunt, nephew or niece.
    37    Incest in the third degree is a class E felony.
    38    § 59. Subdivision 3 of section 263.00 of the penal law, as amended  by
    39  chapter 264 of the laws of 2003, is amended to read as follows:
    40    3.  "Sexual  conduct"  means  actual or simulated [sexual intercourse]
    41  vaginal sexual contact,  oral  sexual  [conduct]  contact,  anal  sexual
    42  [conduct]contact,   sexual  bestiality,  masturbation,  sado-masochistic
    43  abuse, or lewd exhibition of the genitals.
    44    § 60. Subdivision 3 of section 60.42 of the criminal procedure law, as
    45  amended by section 1 of part R of chapter 55 of the  laws  of  2019,  is
    46  amended to read as follows:
    47    3. rebuts evidence introduced by the people of the victim's failure to
    48  engage  in  [sexual  intercourse]  vaginal  sexual  contact, oral sexual
    49  [conduct] contact, anal  sexual  [conduct]  contact  or  sexual  contact
    50  during a given period of time; or
    51    §  61.  Subdivision  3  of  section  344.4 of the family court act, as
    52  amended by chapter 264 of the laws  of  2003,  is  amended  to  read  as
    53  follows:
    54    3.  rebuts  evidence  introduced  by  the  presentment  agency  of the
    55  victim's failure  to  engage  in  [sexual  intercourse]  vaginal  sexual

        A. 794--E                          26

     1  contact, oral sexual [conduct] contact, anal sexual [conduct] contact or
     2  sexual contact during a given period of time; or
     3    §  62.  Subdivision 4 of section 170 of the domestic relations law, as
     4  amended by chapter 264 of the laws  of  2003,  is  amended  to  read  as
     5  follows:
     6    (4)  The  commission of an act of adultery, provided that adultery for
     7  the purposes of articles ten, eleven, and eleven-A of this  chapter,  is
     8  hereby defined as the commission of an act of [sexual intercourse] vagi-
     9  nal  sexual  contact,  oral  sexual  [conduct]  contact  or  anal sexual
    10  [conduct] contact, voluntarily performed by the defendant, with a person
    11  other than the plaintiff after the marriage of plaintiff and  defendant.
    12  Oral sexual [conduct] contact and anal sexual [conduct] contact include,
    13  but  are not limited to, sexual conduct as defined in subdivision two of
    14  section 130.00 and subdivision [three] four of  section  130.20  of  the
    15  penal law.
    16    § 63.  The first undesignated paragraph of section 135.61 of the penal
    17  law, as added by section 2 of part NN of chapter 55 of the laws of 2018,
    18  is amended to read as follows:
    19    A  person  is  guilty  of coercion in the second degree when he or she
    20  commits the crime of coercion in the third degree as defined in  section
    21  135.60 of this article and thereby compels or induces a person to engage
    22  in  [sexual  intercourse]  vaginal sexual contact, oral sexual [conduct]
    23  contact or anal sexual [conduct] contact as such terms  are  defined  in
    24  section [130 of the penal law] 130.00 of this title.
    25    §  64. The first undesignated paragraph of section 230.11 of the penal
    26  law, as added by chapter 368 of the laws of 2015, is amended to read  as
    27  follows:
    28    A  person is guilty of aggravated patronizing a minor for prostitution
    29  in the third degree when, being twenty-one years old or more, he or  she
    30  patronizes  a  person for prostitution and the person patronized is less
    31  than seventeen years old and the person guilty of patronizing engages in
    32  [sexual intercourse]  vaginal  sexual  contact,  oral  sexual  [conduct]
    33  contact,  anal  sexual [conduct] contact, or aggravated sexual [conduct]
    34  contact as those terms are defined in section 130.00 of this part,  with
    35  the person patronized.
    36    §  65. The first undesignated paragraph of section 230.12 of the penal
    37  law, as added by chapter 368 of the laws of 2015, is amended to read  as
    38  follows:
    39    A  person is guilty of aggravated patronizing a minor for prostitution
    40  in the second degree when, being eighteen years old or more, he  or  she
    41  patronizes  a  person for prostitution and the person patronized is less
    42  than fifteen years old and the person guilty of patronizing  engages  in
    43  [sexual  intercourse]  vaginal  sexual  contact,  oral  sexual [conduct]
    44  contact, anal sexual [conduct] contact, or aggravated  sexual  [conduct]
    45  contact  as those terms are defined in section 130.00 of this part, with
    46  the person patronized.
    47    § 66. The first undesignated paragraph of section 230.13 of the  penal
    48  law, as added by chapter 368 of  the laws of 2015, is amended to read as
    49  follows:
    50    A  person is guilty of aggravated patronizing a minor for prostitution
    51  in the first degree when he or she patronizes a person for  prostitution
    52  and  the person patronized is less than eleven years old, or being eigh-
    53  teen years old or more, he or she patronizes a person  for  prostitution
    54  and  the  person  patronized  is  less  than thirteen years old, and the
    55  person guilty of patronizing engages  in  [sexual  intercourse]  vaginal
    56  sexual  contact,  oral  sexual  [conduct] contact, anal sexual [conduct]

        A. 794--E                          27

     1  contact, or aggravated sexual  [conduct]  contact  as  those  terms  are
     2  defined in section 130.00 of this part, with the person patronized.
     3    §  67.  Subdivision 4 of section 200 of the domestic relations law, as
     4  amended by chapter 264 of the laws  of  2003,  is  amended  to  read  as
     5  follows:
     6    4. The commission of an act of adultery by the defendant; except where
     7  such  offense  is committed by the procurement or with the connivance of
     8  the plaintiff or where there is voluntary cohabitation  of  the  parties
     9  with  the  knowledge  of  the  offense or where action was not commenced
    10  within five years after the discovery by the plaintiff  of  the  offense
    11  charged  or  where  the plaintiff has also been guilty of adultery under
    12  such circumstances that the defendant would have been entitled, if inno-
    13  cent, to a divorce, provided that adultery  for  the  purposes  of  this
    14  subdivision  is  hereby  defined  as the commission of an act of [sexual
    15  intercourse] vaginal sexual contact, oral sexual  [conduct]  contact  or
    16  anal  sexual  [conduct] contact, voluntarily performed by the defendant,
    17  with a person other than the plaintiff after the marriage  of  plaintiff
    18  and  defendant.  Oral sexual [conduct] contact and anal sexual [conduct]
    19  contact include, but are not limited to, sexual conduct  as  defined  in
    20  subdivision  two  of  section  130.00  and  subdivision  [three] four of
    21  section 130.20 of the penal law.
    22    § 68. As it pertains to the repealed sections of law, nothing in  this
    23  act  shall  affect  a requirement to register pursuant to article 6-C of
    24  the correction law; a lawfully required disclosure of a conviction;  any
    25  restriction  or prohibition for certain types of employment, housing, or
    26  government benefit; or any other ongoing matter related to a  conviction
    27  of the sections repealed in this act.
    28    §  69.  This  act shall take effect January 1, 2021 and shall apply to
    29  any offense on or after such effective date.
feedback