Bill Text: NY A00794 | 2019-2020 | General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relates to the offenses of rape in the first, second and third degrees.
Spectrum: Moderate Partisan Bill (Democrat 31-6)
Status: (Engrossed - Dead) 2020-07-20 - REFERRED TO RULES [A00794 Detail]
Download: New_York-2019-A00794-Amended.html
Bill Title: Relates to the offenses of rape in the first, second and third degrees.
Spectrum: Moderate Partisan Bill (Democrat 31-6)
Status: (Engrossed - Dead) 2020-07-20 - REFERRED TO RULES [A00794 Detail]
Download: New_York-2019-A00794-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 794--C R. R. 55 2019-2020 Regular Sessions IN ASSEMBLY January 11, 2019 ___________ Introduced by M. of A. SIMOTAS, COLTON, AUBRY, ENGLEBRIGHT, BRAUNSTEIN, DenDEKKER, JAFFEE, PERRY, COOK, WEPRIN, SANTABARBARA, ROZIC, HEVESI, QUART, LIFTON, OTIS, MOSLEY, FAHY, SEAWRIGHT, TAYLOR, ZEBROWSKI -- Multi-Sponsored by -- M. of A. ARROYO, BUCHWALD, FINCH, FITZPATRICK, GALEF, GLICK, LUPARDO, MALLIOTAKIS, McDONOUGH, MONTESANO, PEOPLES-STOKES, RA -- read once and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said commit- tee 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 Assembly and delivered to the Senate, recalled from the Senate, vote reconsidered, bill amended, ordered reprinted, retaining its place on the special 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 Sections 130.40, 130.45 and 130.50 of the penal law are 2 REPEALED. 3 § 2.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: 6 1. "[Sexual intercourse] Vaginal sexual contact" [has its ordinary7meaning and occurs upon any penetration, however slight] means conduct 8 between persons consisting of contact between the penis and the vagina 9 or vulva. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01481-08-9A. 794--C 2 1 2. (a) "Oral sexual [conduct] contact" means conduct between persons 2 consisting of contact between the mouth and the penis, the mouth and the 3 anus, or the mouth and the vulva or vagina. 4 (b) "Anal sexual [conduct] contact" means conduct between persons 5 consisting of contact between the penis and anus. 6 § 3. Section 130.25 of the penal law, as amended by chapter 1 of the 7 laws of 2000, is amended to read as follows: 8 § 130.25 Rape in the third degree. 9 A person is guilty of rape in the third degree when: 10 1. He or she engages in [sexual intercourse] vaginal sexual contact 11 with another person who is incapable of consent by reason of some factor 12 other than being less than seventeen years old; 13 2. He or she engages in oral sexual contact with another person who is 14 incapable of consent by reason of some factor other than being less than 15 seventeen years old; 16 3. He or she engages in anal sexual contact with another person who is 17 incapable of consent by reason of some other factor other than being 18 less than seventeen years old; 19 4. Being twenty-one years old or more, he or she engages in [sexual20intercourse] vaginal sexual contact with another person less than seven- 21 teen years old; [or223.] 5. Being twenty-one years old or more, he or she engages in oral 23 sexual contact with another person less than seventeen years old; 24 6. Being twenty-one years old or more, he or she engages in anal sexu- 25 al contact with another person less than seventeen years old; 26 7. He or she engages in [sexual intercourse] vaginal sexual contact 27 with another person without such person's consent where such lack of 28 consent is by reason of some factor other than incapacity to consent[.]; 29 8. He or she engages in oral sexual contact with another person with- 30 out such person's consent where such lack of consent is by reason of 31 some factor other than incapacity to consent; or 32 9. He or she engages in anal sexual contact with another person with- 33 out such person's consent where such lack of consent is by reason of 34 some factor other than the incapacity to consent. 35 Rape in the third degree is a class E felony. 36 § 4. Section 130.30 of the penal law, as amended by chapter 1 of the 37 laws of 2000, is amended to read as follows: 38 § 130.30 Rape in the second degree. 39 A person is guilty of rape in the second degree when: 40 1. being eighteen years old or more, he or she engages in [sexual41intercourse] vaginal sexual contact with another person less than 42 fifteen years old; [or] 43 2. being eighteen years old or more, he or she engages in oral sexual 44 contact with another person less than fifteen years old; 45 3. being eighteen years old or more, he or she engages in anal sexual 46 contact with another person less than fifteen years old; 47 4. he or she engages in [sexual intercourse] vaginal sexual contact 48 with another person who is incapable of consent by reason of being 49 mentally disabled or mentally incapacitated[.]; 50 5. he or she engages in oral sexual contact with another person who is 51 incapable of consent by reason of being mentally disabled or mentally 52 incapacitated; or 53 6. he or she engages in anal sexual contact with another person who is 54 incapable of consent by reason of being mentally disabled or mentally 55 incapacitated.A. 794--C 3 1 It shall be an affirmative defense to the crime of rape in the second 2 degree as defined in [subdivision] subdivisions one, two and three of 3 this section that the defendant was less than four years older than the 4 victim at the time of the act. 5 Rape in the second degree is a class D felony. 6 § 5. Section 130.35 of the penal law, as amended by chapter 1 of the 7 laws of 2000, is amended to read as follows: 8 § 130.35 Rape in the first degree. 9 A person is guilty of rape in the first degree when: 10 1. he or she engages in [sexual intercourse] vaginal sexual contact 11 with another person: 12 [1.] (a) By forcible compulsion; or 13 [2.] (b) Who is incapable of consent by reason of being physically 14 helpless; or 15 [3.] (c) Who is less than eleven years old; or 16 [4.] (d) Who is less than thirteen years old and the actor is eighteen 17 years old or more[.]; 18 2. he or she engages in oral sexual contact with another person: 19 (a) By forcible compulsion; or 20 (b) Who is incapable of consent by reason of being physically help- 21 less; or 22 (c) Who is less than eleven years old; or 23 (d) Who is less than thirteen years old and the actor is eighteen 24 years old or more; or 25 3. he or she engages in anal sexual contact with another person: 26 (a) by forcible compulsion; or 27 (b) who is incapable of consent by reason of being physically help- 28 less; or 29 (c) who is less than eleven years old; or 30 (d) who is less than thirteen years old and the actor is eighteen 31 years old or more. 32 Rape in the first degree is a class B felony. 33 § 6. Paragraph 2 of subdivision 18 of section 10.00 of the penal law, 34 as amended by chapter 7 of the laws of 2007, is amended to read as 35 follows: 36 (2) a person fourteen or fifteen years old who is criminally responsi- 37 ble for acts constituting the crimes defined in subdivisions one and two 38 of section 125.25 (murder in the second degree) and in subdivision three 39 of such section provided that the underlying crime for the murder charge 40 is one for which such person is criminally responsible; section 135.25 41 (kidnapping in the first degree); 150.20 (arson in the first degree); 42 subdivisions one and two of section 120.10 (assault in the first 43 degree); 125.20 (manslaughter in the first degree); [subdivisions one44and] paragraphs (a) and (b) of subdivision one, paragraphs (a) and (b) 45 of subdivision two, and paragraphs (a) and (b) of subdivision three of 46 section 130.35 (rape in the first degree); [subdivisions one and two of47section 130.50 (criminal sexual act in the first degree);] 130.70 48 (aggravated sexual abuse in the first degree); 140.30 (burglary in the 49 first degree); subdivision one of section 140.25 (burglary in the second 50 degree); 150.15 (arson in the second degree); 160.15 (robbery in the 51 first degree); subdivision two of section 160.10 (robbery in the second 52 degree) of this chapter; or section 265.03 of this chapter, where such 53 machine gun or such firearm is possessed on school grounds, as that 54 phrase is defined in subdivision fourteen of section 220.00 of this 55 chapter; or defined in this chapter as an attempt to commit murder in 56 the second degree or kidnapping in the first degree, or such conduct asA. 794--C 4 1 a sexually motivated felony, where authorized pursuant to section 130.91 2 of [the penal law] this chapter. 3 § 7. Subdivision 2 of section 30.00 of the penal law, as amended by 4 section 38 of part WWW of chapter 59 of the laws of 2017, is amended to 5 read as follows: 6 2. A person thirteen, fourteen or, fifteen years of age is criminally 7 responsible for acts constituting murder in the second degree as defined 8 in subdivisions one and two of section 125.25 and in subdivision three 9 of such section provided that the underlying crime for the murder charge 10 is one for which such person is criminally responsible or for such 11 conduct as a sexually motivated felony, where authorized pursuant to 12 section 130.91 of this chapter; and a person fourteen or, fifteen years 13 of age is criminally responsible for acts constituting the crimes 14 defined in section 135.25 (kidnapping in the first degree); 150.20 15 (arson in the first degree); subdivisions one and two of section 120.10 16 (assault in the first degree); 125.20 (manslaughter in the first 17 degree); [subdivisions one and] paragraphs (a) and (b) of subdivision 18 one, paragraphs (a) and (b) of subdivision two and paragraphs (a) and 19 (b) of subdivision three of section 130.35 (rape in the first degree); 20 subdivisions one and two of section 130.50 (criminal sexual act in the 21 first degree); 130.70 (aggravated sexual abuse in the first degree); 22 140.30 (burglary in the first degree); subdivision one of section 140.25 23 (burglary in the second degree); 150.15 (arson in the second degree); 24 160.15 (robbery in the first degree); subdivision two of section 160.10 25 (robbery in the second degree) of this chapter; or section 265.03 of 26 this chapter, where such machine gun or such firearm is possessed on 27 school grounds, as that phrase is defined in subdivision fourteen of 28 section 220.00 of this chapter; or defined in this chapter as an attempt 29 to commit murder in the second degree or kidnapping in the first degree, 30 or for such conduct as a sexually motivated felony, where authorized 31 pursuant to section 130.91 of this chapter. 32 § 8. Paragraph (b) of subdivision 2 of section 35.15 of the penal law, 33 as amended by chapter 511 of the laws of 2004, is amended to read as 34 follows: 35 (b) He or she reasonably believes that such other person is committing 36 or attempting to commit a kidnapping, forcible rape, [forcible criminal37sexual act] forcible aggravated sexual abuse, or robbery; or 38 § 9. Paragraphs (a) and (c) of subdivision 1 of section 70.02 of the 39 penal law, paragraph (a) as amended by chapter 189 of the laws 2018 and 40 paragraph (c) as amended by chapter 368 of the laws of 2015, are amended 41 to read as follows: 42 (a) Class B violent felony offenses: an attempt to commit the class 43 A-I felonies of murder in the second degree as defined in section 44 125.25, kidnapping in the first degree as defined in section 135.25, and 45 arson in the first degree as defined in section 150.20; manslaughter in 46 the first degree as defined in section 125.20, aggravated manslaughter 47 in the first degree as defined in section 125.22, rape in the first 48 degree as defined in section 130.35, [criminal sexual act in the first49degree as defined in section 130.50,] aggravated sexual abuse in the 50 first degree as defined in section 130.70, course of sexual conduct 51 against a child in the first degree as defined in section 130.75; 52 assault in the first degree as defined in section 120.10, kidnapping in 53 the second degree as defined in section 135.20, burglary in the first 54 degree as defined in section 140.30, arson in the second degree as 55 defined in section 150.15, robbery in the first degree as defined in 56 section 160.15, sex trafficking as defined in paragraphs (a) and (b) ofA. 794--C 5 1 subdivision five of section 230.34, sex trafficking of a child as 2 defined in section 230.34-a, incest in the first degree as defined in 3 section 255.27, criminal possession of a weapon in the first degree as 4 defined in section 265.04, criminal use of a firearm in the first degree 5 as defined in section 265.09, criminal sale of a firearm in the first 6 degree as defined in section 265.13, aggravated assault upon a police 7 officer or a peace officer as defined in section 120.11, gang assault in 8 the first degree as defined in section 120.07, intimidating a victim or 9 witness in the first degree as defined in section 215.17, hindering 10 prosecution of terrorism in the first degree as defined in section 11 490.35, criminal possession of a chemical weapon or biological weapon in 12 the second degree as defined in section 490.40, and criminal use of a 13 chemical weapon or biological weapon in the third degree as defined in 14 section 490.47. 15 (c) Class D violent felony offenses: an attempt to commit any of the 16 class C felonies set forth in paragraph (b); reckless assault of a child 17 as defined in section 120.02, assault in the second degree as defined in 18 section 120.05, menacing a police officer or peace officer as defined in 19 section 120.18, stalking in the first degree, as defined in subdivision 20 one of section 120.60, strangulation in the second degree as defined in 21 section 121.12, rape in the second degree as defined in section 130.30, 22 [criminal sexual act in the second degree as defined in section 130.45,] 23 sexual abuse in the first degree as defined in section 130.65, course of 24 sexual conduct against a child in the second degree as defined in 25 section 130.80, aggravated sexual abuse in the third degree as defined 26 in section 130.66, facilitating a sex offense with a controlled 27 substance as defined in section 130.90, labor trafficking as defined in 28 paragraphs (a) and (b) of subdivision three of section 135.35, criminal 29 possession of a weapon in the third degree as defined in subdivision 30 five, six, seven, eight, nine or ten of section 265.02, criminal sale of 31 a firearm in the third degree as defined in section 265.11, intimidating 32 a victim or witness in the second degree as defined in section 215.16, 33 soliciting or providing support for an act of terrorism in the second 34 degree as defined in section 490.10, and making a terroristic threat as 35 defined in section 490.20, falsely reporting an incident in the first 36 degree as defined in section 240.60, placing a false bomb or hazardous 37 substance in the first degree as defined in section 240.62, placing a 38 false bomb or hazardous substance in a sports stadium or arena, mass 39 transportation facility or enclosed shopping mall as defined in section 40 240.63, and aggravated unpermitted use of indoor pyrotechnics in the 41 first degree as defined in section 405.18. 42 § 10. Paragraph b of subdivision 5 of section 120.40 of the penal law, 43 as amended by chapter 320 of the laws of 2006, is amended to read as 44 follows: 45 b. a crime defined in section 130.20, 130.25, 130.30, [130.40,46130.45,] 130.55, 130.60, 130.70, 255.25, 255.26 or 255.27; 47 § 11. Paragraph (d) of subdivision 2 and paragraph (h) of subdivision 48 3 of section 130.05 of the penal law, paragraph (d) of subdivision 2 as 49 amended by chapter 40 of the laws of 2004 and paragraph (h) of subdivi- 50 sion 3 as amended by section 2 of part G of chapter 501 of the laws of 51 2012, are amended to read as follows: 52 (d) Where the offense charged is rape in the third degree as defined 53 in [subdivision three] subdivision seven, eight or nine of section 54 130.25, [or criminal sexual act in the third degree as defined in subdi-55vision three of section 130.40,] in addition to forcible vaginal sexual 56 contact compulsion, circumstances under which, at the time of the act ofA. 794--C 6 1 intercourse, oral sexual [conduct] contact or anal sexual [conduct] 2 contact, the victim clearly expressed that he or she did not consent to 3 engage in such act, and a reasonable person in the actor's situation 4 would have understood such person's words and acts as an expression of 5 lack of consent to such act under all the circumstances. 6 (h) a client or patient and the actor is a health care provider or 7 mental health care provider charged with rape in the third degree as 8 defined in section 130.25, [criminal sexual act in the third degree as9defined in section 130.40,] aggravated sexual abuse in the fourth degree 10 as defined in section 130.65-a, or sexual abuse in the third degree as 11 defined in section 130.55, and the act of sexual conduct occurs during a 12 treatment session, consultation, interview, or examination; or 13 § 12. The opening paragraph of subdivision 3 of section 125.25 of the 14 penal law, as amended by chapter 264 of the laws of 2003, is amended to 15 read as follows: 16 Acting either alone or with one or more other persons, he commits or 17 attempts to commit robbery, burglary, kidnapping, arson, rape in the 18 first degree, [criminal sexual act in the first degree,] sexual abuse in 19 the first degree, aggravated sexual abuse, escape in the first degree, 20 or escape in the second degree, and, in the course of and in furtherance 21 of such crime or of immediate flight therefrom, he, or another partic- 22 ipant, if there be any, causes the death of a person other than one of 23 the participants; except that in any prosecution under this subdivision, 24 in which the defendant was not the only participant in the underlying 25 crime, it is an affirmative defense that the defendant: 26 § 13. Subdivision 5 of section 125.25 of the penal law, as amended by 27 chapter 320 of the laws of 2006, is amended to read as follows: 28 5. Being eighteen years old or more, while in the course of committing 29 rape in the first, second or third degree, [criminal sexual act in the30first, second or third degree,] sexual abuse in the first degree, aggra- 31 vated sexual abuse in the first, second, third or fourth degree, or 32 incest in the first, second or third degree, against a person less than 33 fourteen years old, he or she intentionally causes the death of such 34 person. 35 § 14. Subparagraph (vii) of paragraph (a) of subdivision 1 of section 36 125.27 of the penal law, as amended by chapter 264 of the laws of 2003, 37 is amended to read as follows: 38 (vii) the victim was killed while the defendant was in the course of 39 committing or attempting to commit and in furtherance of robbery, 40 burglary in the first degree or second degree, kidnapping in the first 41 degree, arson in the first degree or second degree, rape in the first 42 degree, [criminal sexual act in the first degree,] sexual abuse in the 43 first degree, aggravated sexual abuse in the first degree or escape in 44 the first degree, or in the course of and furtherance of immediate 45 flight after committing or attempting to commit any such crime or in the 46 course of and furtherance of immediate flight after attempting to commit 47 the crime of murder in the second degree; provided however, the victim 48 is not a participant in one of the aforementioned crimes and, provided 49 further that, unless the defendant's criminal liability under this 50 subparagraph is based upon the defendant having commanded another person 51 to cause the death of the victim or intended victim pursuant to section 52 20.00 of this chapter, this subparagraph shall not apply where the 53 defendant's criminal liability is based upon the conduct of another 54 pursuant to section 20.00 of this chapter; or 55 § 15. Subdivision 3 of section 130.10 of the penal law, as amended by 56 chapter 264 of the laws of 2003, is amended to read as follows:A. 794--C 7 1 3. In any prosecution for the crime of rape in the third degree as 2 defined in section 130.25, [criminal sexual act in the third degree as3defined in section 130.40,] aggravated sexual abuse in the fourth degree 4 as defined in section 130.65-a, or sexual abuse in the third degree as 5 defined in section 130.55 in which incapacity to consent is based on the 6 circumstances set forth in paragraph (h) of subdivision three of section 7 130.05 of this article it shall be an affirmative defense that the 8 client or patient consented to such conduct charged after having been 9 expressly advised by the health care or mental health care provider that 10 such conduct was not performed for a valid medical purpose. 11 § 16. The opening paragraph and subdivision 2 of section 130.95 of the 12 penal law, as added by chapter 107 of the laws of 2006, are amended to 13 read as follows: 14 A person is guilty of predatory sexual assault when he or she commits 15 the crime of rape in the first degree, [criminal sexual act in the first16degree,] aggravated sexual abuse in the first degree, or course of sexu- 17 al conduct against a child in the first degree, as defined in this arti- 18 cle, and when: 19 2. He or she has engaged in conduct constituting the crime of rape in 20 the first degree, [criminal sexual act in the first degree,] aggravated 21 sexual abuse in the first degree, or course of sexual conduct against a 22 child in the first degree, as defined in this article, against one or 23 more additional persons; or 24 § 17. The opening paragraph of section 130.96 of the penal law, as 25 added by chapter 107 of the laws of 2006, is amended to read as follows: 26 A person is guilty of predatory sexual assault against a child when, 27 being eighteen years old or more, he or she commits the crime of rape in 28 the first degree, [criminal sexual act in the first degree,] aggravated 29 sexual abuse in the first degree, or course of sexual conduct against a 30 child in the first degree, as defined in this article, and the victim is 31 less than thirteen years old. 32 § 18. Subdivision 2 of section 240.75 of the penal law, as amended by 33 section 8 of part NN of chapter 55 of the laws of 2018, is amended to 34 read as follows: 35 2. A "specified offense" is an offense defined in section 120.00 36 (assault in the third degree); section 120.05 (assault in the second 37 degree); section 120.10 (assault in the first degree); section 120.13 38 (menacing in the first degree); section 120.14 (menacing in the second 39 degree); section 120.15 (menacing in the third degree); section 120.20 40 (reckless endangerment in the second degree); section 120.25 (reckless 41 endangerment in the first degree); section 120.45 (stalking in the 42 fourth degree); section 120.50 (stalking in the third degree); section 43 120.55 (stalking in the second degree); section 120.60 (stalking in the 44 first degree); section 121.11 (criminal obstruction of breathing or 45 blood circulation); section 121.12 (strangulation in the second degree); 46 section 121.13 (strangulation in the first degree); subdivision one of 47 section 125.15 (manslaughter in the second degree); subdivision one, two 48 or four of section 125.20 (manslaughter in the first degree); section 49 125.25 (murder in the second degree); section 130.20 (sexual miscon- 50 duct); section 130.25 (rape in the third degree); section 130.30 (rape 51 in the second degree); section 130.35 (rape in the first degree); 52 section 130.40 (criminal sexual act in the third degree); section 130.45 53 (criminal sexual act in the second degree); section 130.50 (criminal 54 sexual act in the first degree); section 130.52 (forcible touching); 55 section 130.53 (persistent sexual abuse); section 130.55 (sexual abuse 56 in the third degree); section 130.60 (sexual abuse in the secondA. 794--C 8 1 degree); section 130.65 (sexual abuse in the first degree); section 2 130.66 (aggravated sexual abuse in the third degree); section 130.67 3 (aggravated sexual abuse in the second degree); section 130.70 (aggra- 4 vated sexual abuse in the first degree); section 130.91 (sexually moti- 5 vated felony); section 130.95 (predatory sexual assault); section 130.96 6 (predatory sexual assault against a child); section 135.05 (unlawful 7 imprisonment in the second degree); section 135.10 (unlawful imprison- 8 ment in the first degree); section 135.60 (coercion in the third 9 degree); section 135.61 (coercion in the second degree); section 135.65 10 (coercion in the first degree); section 140.20 (burglary in the third 11 degree); section 140.25 (burglary in the second degree); section 140.30 12 (burglary in the first degree); section 145.00 (criminal mischief in the 13 fourth degree); section 145.05 (criminal mischief in the third degree); 14 section 145.10 (criminal mischief in the second degree); section 145.12 15 (criminal mischief in the first degree); section 145.14 (criminal 16 tampering in the third degree); section 215.50 (criminal contempt in the 17 second degree); section 215.51 (criminal contempt in the first degree); 18 section 215.52 (aggravated criminal contempt); section 240.25 (harass- 19 ment in the first degree); subdivision one, two or four of section 20 240.30 (aggravated harassment in the second degree); aggravated family 21 offense as defined in this section or any attempt or conspiracy to 22 commit any of the foregoing offenses where the defendant and the person 23 against whom the offense was committed were members of the same family 24 or household as defined in subdivision one of section 530.11 of the 25 criminal procedure law. 26 § 19. Section 255.26 of the penal law, as added by chapter 320 of the 27 laws of 2006, is amended to read as follows: 28 § 255.26 Incest in the second degree. 29 A person is guilty of incest in the second degree when he or she 30 commits the crime of rape in the second degree, as defined in section 31 130.30 of this part, [or criminal sexual act in the second degree, as32defined in section 130.45 of this part,] against a person whom he or she 33 knows to be related to him or her, whether through marriage or not, as 34 an ancestor, descendant, brother or sister of either the whole or the 35 half blood, uncle, aunt, nephew or niece. 36 Incest in the second degree is a class D felony. 37 § 20. Section 255.27 of the penal law, as added by chapter 320 of the 38 laws of 2006, is amended to read as follows: 39 § 255.27 Incest in the first degree. 40 A person is guilty of incest in the first degree when he or she 41 commits the crime of rape in the first degree, as defined in paragraph 42 (c) or (d) of subdivision [three or four] one, paragraph (c) or (d) of 43 subdivision two or paragraph (c) or (d) of subdivision three of section 44 130.35 of this part[, or criminal sexual act in the first degree, as45defined in subdivision three or four of section 130.50 of this part,] 46 against a person whom he or she knows to be related to him or her, 47 whether through marriage or not, as an ancestor, descendant, brother or 48 sister of either the whole or half blood, uncle, aunt, nephew or niece. 49 Incest in the first degree is a class B felony. 50 § 21. Subdivision 3 of section 485.05 of the penal law, as amended by 51 section 9 of part NN of chapter 55 of the laws of 2018, is amended to 52 read as follows: 53 3. A "specified offense" is an offense defined by any of the following 54 provisions of this chapter: section 120.00 (assault in the third 55 degree); section 120.05 (assault in the second degree); section 120.10 56 (assault in the first degree); section 120.12 (aggravated assault upon aA. 794--C 9 1 person less than eleven years old); section 120.13 (menacing in the 2 first degree); section 120.14 (menacing in the second degree); section 3 120.15 (menacing in the third degree); section 120.20 (reckless endan- 4 germent in the second degree); section 120.25 (reckless endangerment in 5 the first degree); section 121.12 (strangulation in the second degree); 6 section 121.13 (strangulation in the first degree); subdivision one of 7 section 125.15 (manslaughter in the second degree); subdivision one, two 8 or four of section 125.20 (manslaughter in the first degree); section 9 125.25 (murder in the second degree); section 120.45 (stalking in the 10 fourth degree); section 120.50 (stalking in the third degree); section 11 120.55 (stalking in the second degree); section 120.60 (stalking in the 12 first degree); paragraph (a) of subdivision one, paragraph (a) of subdi- 13 vision two and paragraph (a) of subdivision three of section 130.35 14 (rape in the first degree); subdivision one of section 130.50 (criminal 15 sexual act in the first degree); subdivision one of section 130.65 16 (sexual abuse in the first degree); paragraph (a) of subdivision one of 17 section 130.67 (aggravated sexual abuse in the second degree); paragraph 18 (a) of subdivision one of section 130.70 (aggravated sexual abuse in the 19 first degree); section 135.05 (unlawful imprisonment in the second 20 degree); section 135.10 (unlawful imprisonment in the first degree); 21 section 135.20 (kidnapping in the second degree); section 135.25 22 (kidnapping in the first degree); section 135.60 (coercion in the third 23 degree); section 135.61 (coercion in the second degree); section 135.65 24 (coercion in the first degree); section 140.10 (criminal trespass in the 25 third degree); section 140.15 (criminal trespass in the second degree); 26 section 140.17 (criminal trespass in the first degree); section 140.20 27 (burglary in the third degree); section 140.25 (burglary in the second 28 degree); section 140.30 (burglary in the first degree); section 145.00 29 (criminal mischief in the fourth degree); section 145.05 (criminal 30 mischief in the third degree); section 145.10 (criminal mischief in the 31 second degree); section 145.12 (criminal mischief in the first degree); 32 section 150.05 (arson in the fourth degree); section 150.10 (arson in 33 the third degree); section 150.15 (arson in the second degree); section 34 150.20 (arson in the first degree); section 155.25 (petit larceny); 35 section 155.30 (grand larceny in the fourth degree); section 155.35 36 (grand larceny in the third degree); section 155.40 (grand larceny in 37 the second degree); section 155.42 (grand larceny in the first degree); 38 section 160.05 (robbery in the third degree); section 160.10 (robbery in 39 the second degree); section 160.15 (robbery in the first degree); 40 section 240.25 (harassment in the first degree); subdivision one, two or 41 four of section 240.30 (aggravated harassment in the second degree); or 42 any attempt or conspiracy to commit any of the foregoing offenses. 43 § 22. Subdivision 42 of section 1.20 of the criminal procedure law, as 44 amended by chapter 7 of the laws of 2007, is amended to read as follows: 45 42. "Juvenile offender" means (1) a person, thirteen years old who is 46 criminally responsible for acts constituting murder in the second degree 47 as defined in subdivisions one and two of section 125.25 of the penal 48 law, or such conduct as a sexually motivated felony, where authorized 49 pursuant to section 130.91 of the penal law; and (2) a person fourteen 50 or fifteen years old who is criminally responsible for acts constituting 51 the crimes defined in subdivisions one and two of section 125.25 (murder 52 in the second degree) and in subdivision three of such section provided 53 that the underlying crime for the murder charge is one for which such 54 person is criminally responsible; section 135.25 (kidnapping in the 55 first degree); 150.20 (arson in the first degree); subdivisions one and 56 two of section 120.10 (assault in the first degree); 125.20 (manslaught-A. 794--C 10 1 er in the first degree); [subdivisions one and] paragraphs (a) and (b) 2 of subdivision one, paragraphs (a) and (b) of subdivision two and para- 3 graphs (a) and (b) of subdivision three of section 130.35 (rape in the 4 first degree); [subdivisions one and two of section 130.50 (criminal5sexual act in the first degree);] 130.70 (aggravated sexual abuse in the 6 first degree); 140.30 (burglary in the first degree); subdivision one of 7 section 140.25 (burglary in the second degree); 150.15 (arson in the 8 second degree); 160.15 (robbery in the first degree); subdivision two of 9 section 160.10 (robbery in the second degree) of the penal law; or 10 section 265.03 of the penal law, where such machine gun or such firearm 11 is possessed on school grounds, as that phrase is defined in subdivision 12 fourteen of section 220.00 of the penal law; or defined in the penal law 13 as an attempt to commit murder in the second degree or kidnapping in the 14 first degree, or such conduct as a sexually motivated felony, where 15 authorized pursuant to section 130.91 of the penal law. 16 § 23. Paragraphs (a) and (b) of subdivision 1, the opening paragraph 17 of subdivision 2 and paragraph (a) of subdivision 3 of section 140.20 of 18 the criminal procedure law, paragraphs (a) and (b) of subdivision 1 as 19 amended by chapter 324 of the laws of 1988, the opening paragraph of 20 subdivision 2 and paragraph (a) of subdivision 3 as amended by chapter 21 550 of the laws of 1987, are amended to read as follows: 22 (a) If the arrest is for an offense other than a class A, B, C or D 23 felony or a violation of section 130.25, [130.40,] 205.10, 205.17, 24 205.19 or 215.56 of the penal law committed in a town, but not in a 25 village thereof having a village court, and the town court of such town 26 is not available at the time, the arrested person may be brought before 27 the local criminal court of any village within such town or, any adjoin- 28 ing town, village embraced in whole or in part by such adjoining town, 29 or city of the same county; and 30 (b) If the arrest is for an offense other than a class A, B, C or D 31 felony or a violation of section 130.25, [130.40,] 205.10, 205.17, 32 205.19 or 215.56 of the penal law committed in a village having a 33 village court and such court is not available at the time, the arrested 34 person may be brought before the town court of the town embracing such 35 village or any other village court within such town, or, if such town or 36 village court is not available either, before the local criminal court 37 of any adjoining town, village embraced in whole or in part by such 38 adjoining town, or city of the same county; and 39 If the arrest is for an offense other than a class A, B, C or D felony 40 or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or 41 215.56 of the penal law, the arrested person need not be brought before 42 a local criminal court as provided in subdivision one, and the procedure 43 may instead be as follows: 44 (a) the arrest is for an offense other than a class A, B, C or D felo- 45 ny or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or 46 215.56 of the penal law, and 47 § 24. Paragraph (a) of subdivision 3 and the opening paragraph of 48 subdivision 4 of section 140.27 of the criminal procedure law, as 49 amended by chapter 550 of the laws of 1987, are amended to read as 50 follows: 51 (a) the arrest is for an offense other than a class A, B, C or D felo- 52 ny or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or 53 215.56 of the penal law and 54 If the arrest is for an offense other than a class A, B, C or D felony 55 or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or 56 215.56 of the penal law, the arrested person need not be brought beforeA. 794--C 11 1 a local criminal court as provided in subdivision two, and the procedure 2 may instead be as follows: 3 § 25. Paragraph (a) of subdivision 2 and the opening paragraph of 4 subdivision 3 of section 140.40 of the criminal procedure law, as 5 amended by chapter 550 of the laws of 1987, are amended to read as 6 follows: 7 (a) the arrest is for an offense other than a class A, B, C or D felo- 8 ny or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or 9 215.56 of the penal law and 10 If the arrest is for an offense other than a class A, B, C or D felony 11 or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or 12 215.56 of the penal law, the arrested person need not be brought before 13 a local criminal court, as provided in subdivision one, and the proce- 14 dure may instead be as follows: 15 § 26. Subdivisions 2 and 3 of section 150.20 of the criminal procedure 16 law, as amended by chapter 550 of the laws of 1987, are amended to read 17 as follows: 18 2. (a) Whenever a police officer has arrested a person without a 19 warrant for an offense other than a class A, B, C or D felony or a 20 violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or 215.56 21 of the penal law pursuant to section 140.10, or (b) whenever a peace 22 officer, who is not authorized by law to issue an appearance ticket, has 23 arrested a person for an offense other than a class A, B, C or D felony 24 or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or 25 215.56 of the penal law pursuant to section 140.25, and has requested a 26 police officer to issue and serve upon such arrested person an appear- 27 ance ticket pursuant to subdivision four of section 140.27, or (c) when- 28 ever a person has been arrested for an offense other than a class A, B, 29 C or D felony or a violation of section 130.25, [130.40,] 205.10, 30 205.17, 205.19 or 215.56 of the penal law and has been delivered to the 31 custody of an appropriate police officer pursuant to section 140.40, 32 such police officer may, instead of bringing such person before a local 33 criminal court and promptly filing or causing the arresting peace offi- 34 cer or arresting person to file a local criminal court accusatory 35 instrument therewith, issue to and serve upon such person an appearance 36 ticket. The issuance and service of an appearance ticket under such 37 circumstances may be conditioned upon a deposit of pre-arraignment bail, 38 as provided in section 150.30. 39 3. A public servant other than a police officer, who is specially 40 authorized by state law or local law enacted pursuant to the provisions 41 of the municipal home rule law to issue and serve appearance tickets 42 with respect to designated offenses other than class A, B, C or D felo- 43 nies or violations of section 130.25, [130.40,] 205.10, 205.17, 205.19 44 or 215.56 of the penal law, may in such cases issue and serve upon a 45 person an appearance ticket when he has reasonable cause to believe that 46 such person has committed a crime, or has committed a petty offense in 47 his presence. 48 § 26-a. Paragraph (a) of subdivision 1 of section 150.20 of the crimi- 49 nal procedure law, as amended by section 1-a of part JJJ of chapter 59 50 of the laws of 2019, is amended to read as follows: 51 (a) Whenever a police officer is authorized pursuant to section 140.10 52 of this title to arrest a person without a warrant for an offense other 53 than a class A, B, C or D felony or a violation of section 130.25, 54 [130.40,] 205.10, 205.17, 205.19 or 215.56 of the penal law, he shall, 55 except as set out in paragraph (b) of this subdivision, subject to theA. 794--C 12 1 provisions of subdivisions three and four of section 150.40 of this 2 title, instead issue to and serve upon such person an appearance ticket. 3 § 27. Subdivision (a) of section 190.71 of the criminal procedure law, 4 as amended by chapter 7 of the laws of 2007, is amended to read as 5 follows: 6 (a) Except as provided in subdivision six of section 200.20 of this 7 chapter, a grand jury may not indict (i) a person thirteen years of age 8 for any conduct or crime other than conduct constituting a crime defined 9 in subdivisions one and two of section 125.25 (murder in the second 10 degree) or such conduct as a sexually motivated felony, where authorized 11 pursuant to section 130.91 of the penal law; (ii) a person fourteen or 12 fifteen years of age for any conduct or crime other than conduct consti- 13 tuting a crime defined in subdivisions one and two of section 125.25 14 (murder in the second degree) and in subdivision three of such section 15 provided that the underlying crime for the murder charge is one for 16 which such person is criminally responsible; 135.25 (kidnapping in the 17 first degree); 150.20 (arson in the first degree); subdivisions one and 18 two of section 120.10 (assault in the first degree); 125.20 (manslaught- 19 er in the first degree); [subdivisions one and] paragraphs (a) and (b) 20 of subdivision one, paragraphs (a) and (b) of subdivision two and para- 21 graphs (a) and (b) of subdivision three of section 130.35 (rape in the 22 first degree); [subdivisions one and two of section 130.50 (criminal23sexual act in the first degree);] 130.70 (aggravated sexual abuse in the 24 first degree); 140.30 (burglary in the first degree); subdivision one of 25 section 140.25 (burglary in the second degree); 150.15 (arson in the 26 second degree); 160.15 (robbery in the first degree); subdivision two of 27 section 160.10 (robbery in the second degree) of the penal law; [subdi-28vision four of section 265.02 of the penal law, where such firearm is29possessed on school grounds, as that phrase is defined in subdivision30fourteen of section 220.00 of the penal law;] or section 265.03 of the 31 penal law, where such machine gun or such firearm is possessed on school 32 grounds, as that phrase is defined in subdivision fourteen of section 33 220.00 of the penal law; or defined in the penal law as an attempt to 34 commit murder in the second degree or kidnapping in the first degree, or 35 such conduct as a sexually motivated felony, where authorized pursuant 36 to section 130.91 of the penal law. 37 § 28. Subdivision 4 of section 722.20 of the criminal procedure law, 38 as added by section 1-a of part WWW of chapter 59 of the laws of 2017, 39 is amended to read as follows: 40 4. Notwithstanding the provisions of subdivisions two and three of 41 this section, the court shall, at the request of the district attorney, 42 order removal of an action against a juvenile offender to the family 43 court pursuant to the provisions of article seven hundred twenty-five of 44 this title if, upon consideration of the criteria specified in subdivi- 45 sion two of section 722.22 of this article, it is determined that to do 46 so would be in the interests of justice. Where, however, the felony 47 complaint charges the juvenile offender with murder in the second degree 48 as defined in section 125.25 of the penal law, rape in the first degree 49 as defined in paragraph (a) of subdivision one, paragraph (a) of subdi- 50 vision two and paragraph (a) of subdivision three of section 130.35 of 51 the penal law, [criminal sexual act in the first degree as defined in52subdivision one of section 130.50 of the penal law,] or an armed felony 53 as defined in paragraph (a) of subdivision forty-one of section 1.20 of 54 this chapter, a determination that such action be removed to the family 55 court shall, in addition, be based upon a finding of one or more of the 56 following factors: (i) mitigating circumstances that bear directly uponA. 794--C 13 1 the manner in which the crime was committed; or (ii) where the defendant 2 was not the sole participant in the crime, the defendant's participation 3 was relatively minor although not so minor as to constitute a defense to 4 the prosecution; or (iii) possible deficiencies in proof of the crime. 5 § 29. Subdivision 5 of section 722.21 of the criminal procedure law, 6 as added by section 1-a of part WWW of chapter 59 of the laws of 2017, 7 is amended to read as follows: 8 5. Notwithstanding subdivisions two and three of this section, at the 9 request of the district attorney, the court shall order removal of an 10 action against an adolescent offender charged with an offense listed in 11 paragraph (a) of subdivision two of section 722.23 of this article, to 12 the family court pursuant to the provisions of article seven hundred 13 twenty-five of this title and upon consideration of the criteria speci- 14 fied in subdivision two of section 722.22 of this article, it is deter- 15 mined that to do so would be in the interests of justice. Where, howev- 16 er, the felony complaint charges the adolescent offender with murder in 17 the second degree as defined in section 125.25 of the penal law, rape in 18 the first degree as defined in paragraph (a) of subdivision one, para- 19 graph (a) of subdivision two and paragraph (a) of subdivision three of 20 section 130.35 of the penal law, [criminal sexual act in the first21degree as defined in subdivision one of section 130.50 of the penal22law,] or an armed felony as defined in paragraph (a) of subdivision 23 forty-one of section 1.20 of this chapter, a determination that such 24 action be removed to the family court shall, in addition, be based upon 25 a finding of one or more of the following factors: (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, the defendant's participation was relatively minor although 29 not so minor as to constitute a defense to the prosecution; or (iii) 30 possible deficiencies in proof of the crime. 31 § 30. Paragraph (b) of subdivision 1 of section 722.22 of the criminal 32 procedure law, as added by section 1-a of part WWW of chapter 59 of the 33 laws of 2017, is amended to read as follows: 34 (b) with the consent of the district attorney, order removal of an 35 action involving an indictment charging a juvenile offender with murder 36 in the second degree as defined in section 125.25 of the penal law; rape 37 in the first degree, as defined in paragraph (a) of subdivision one, 38 paragraph (a) of subdivision two and paragraph (a) of subdivision three 39 of section 130.35 of the penal law[; criminal sexual act in the first40degree, as defined in subdivision one of section 130.50 of the penal41law]; or an armed felony as defined in paragraph (a) of subdivision 42 forty-one of section 1.20 of this chapter, to the family court pursuant 43 to the provisions of article seven hundred twenty-five of this title if 44 the court finds one or more of the following factors: (i) mitigating 45 circumstances that bear directly upon the manner in which the crime was 46 committed; (ii) where the defendant was not the sole participant in the 47 crime, the defendant's participation was relatively minor although not 48 so minor as to constitute a defense to the prosecution; or (iii) possi- 49 ble deficiencies in the proof of the crime, and, after consideration of 50 the factors set forth in subdivision two of this section, the court 51 determined that removal of the action to the family court would be in 52 the interests of justice. 53 § 31. Subparagraph (iii) of paragraph (g) of subdivision 5 of section 54 220.10 of the criminal procedure law, as amended by chapter 264 of the 55 laws of 2003, is amended to read as follows:A. 794--C 14 1 (iii) Where the indictment does not charge a crime specified in 2 subparagraph (i) of this paragraph, the district attorney may recommend 3 removal of the action to the family court. Upon making such recommenda- 4 tion the district attorney shall submit a subscribed memorandum setting 5 forth: (1) a recommendation that the interests of justice would best be 6 served by removal of the action to the family court; and (2) if the 7 indictment charges a thirteen year old with the crime of murder in the 8 second degree, or a fourteen or fifteen year old with the crimes of rape 9 in the first degree as defined in paragraph (a) of subdivision one, 10 paragraph (a) of subdivision two and paragraph (a) of subdivision three 11 of section 130.35 of the penal law, [or criminal sexual act in the first12degree as defined in subdivision one of section 130.50 of the penal13law,] or an armed felony as defined in paragraph (a) of subdivision 14 forty-one of section 1.20 of this chapter specific factors, one or more 15 of which reasonably supports the recommendation, showing, (i) mitigating 16 circumstances that bear directly upon the manner in which the crime was 17 committed, or (ii) where the defendant was not the sole participant in 18 the crime, that the defendant's participation was relatively minor 19 although not so minor as to constitute a defense to the prosecution, or 20 (iii) possible deficiencies in proof of the crime, or (iv) where the 21 juvenile offender has no previous adjudications of having committed a 22 designated felony act, as defined in subdivision eight of section 301.2 23 of the family court act, regardless of the age of the offender at the 24 time of commission of the act, that the criminal act was not part of a 25 pattern of criminal behavior and, in view of the history of the offen- 26 der, is not likely to be repeated. 27 § 32. Subdivision 6 of section 300.50 of the criminal procedure law, 28 as amended by chapter 264 of the laws of 2003, is amended to read as 29 follows: 30 6. For purposes of this section, the offenses of rape in the third 31 degree as defined in [subdivision three] subdivisions seven, eight and 32 nine of section 130.25 of the penal law [and criminal sexual act in the33third degree as defined in subdivision three of section 130.40 of the34penal law], are not lesser included offenses of rape in the first 35 degree[, criminal sexual act in the first degree] or any other offense. 36 Notwithstanding the foregoing, [either] any such offense may be submit- 37 ted as a lesser included offense of the applicable first degree offense 38 when (i) there is a reasonable view of the evidence which would support 39 a finding that the defendant committed such lesser offense but did not 40 commit the greater offense, and (ii) both parties consent to its 41 submission. 42 § 32-a. Subdivision 6 of section 380.50 of the criminal procedure law, 43 as separately amended by chapters 368 and 394 of the laws of 2015, is 44 amended to read as follows: 45 6. Regardless of whether the victim requests to make a statement with 46 regard to the defendant's sentence, where the defendant is sentenced for 47 a violent felony offense as defined in section 70.02 of the penal law or 48 a felony defined in article one hundred twenty-five of such law or any 49 of the following provisions of such law sections 130.25, 130.30, 50 [130.40, 130.45,] 255.25, 255.26, 255.27, article two hundred sixty- 51 three, 135.10, 135.25, 230.05, 230.06, 230.11, 230.12, 230.13, subdivi- 52 sion two of section 230.30 or 230.32, the prosecutor shall, within sixty 53 days of the imposition of sentence, provide the victim with a form, 54 prepared and distributed by the commissioner of the division of criminal 55 justice services, in consultation with the director of the office of 56 victim services, on which the victim may indicate a demand to beA. 794--C 15 1 informed of any petition to change the name of such defendant. Such 2 forms shall be maintained by such prosecutor. Upon receipt of a notice 3 of a petition to change the name of any such defendant, pursuant to 4 subdivision two of section sixty-two of the civil rights law, the prose- 5 cutor shall promptly notify the victim at the most current address or 6 telephone number provided by such victim in the most reasonable and 7 expedient possible manner of the time and place such petition will be 8 presented to the court. 9 § 33. Paragraph (b) of subdivision 8 of section 700.05 of the criminal 10 procedure law, as amended by chapter 1 of the laws of 2019, is amended 11 to read as follows: 12 (b) Any of the following felonies: assault in the second degree as 13 defined in section 120.05 of the penal law, assault in the first degree 14 as defined in section 120.10 of the penal law, reckless endangerment in 15 the first degree as defined in section 120.25 of the penal law, promot- 16 ing a suicide attempt as defined in section 120.30 of the penal law, 17 strangulation in the second degree as defined in section 121.12 of the 18 penal law, strangulation in the first degree as defined in section 19 121.13 of the penal law, criminally negligent homicide as defined in 20 section 125.10 of the penal law, manslaughter in the second degree as 21 defined in section 125.15 of the penal law, manslaughter in the first 22 degree as defined in section 125.20 of the penal law, murder in the 23 second degree as defined in section 125.25 of the penal law, murder in 24 the first degree as defined in section 125.27 of the penal law, rape in 25 the third degree as defined in section 130.25 of the penal law, rape in 26 the second degree as defined in section 130.30 of the penal law, rape in 27 the first degree as defined in section 130.35 of the penal law, [crimi-28nal sexual act in the third degree as defined in section 130.40 of the29penal law, criminal sexual act in the second degree as defined in30section 130.45 of the penal law, criminal sexual act in the first degree31as defined in section 130.50 of the penal law,] sexual abuse in the 32 first degree as defined in section 130.65 of the penal law, unlawful 33 imprisonment in the first degree as defined in section 135.10 of the 34 penal law, kidnapping in the second degree as defined in section 135.20 35 of the penal law, kidnapping in the first degree as defined in section 36 135.25 of the penal law, labor trafficking as defined in section 135.35 37 of the penal law, aggravated labor trafficking as defined in section 38 135.37 of the penal law, custodial interference in the first degree as 39 defined in section 135.50 of the penal law, coercion in the first degree 40 as defined in section 135.65 of the penal law, criminal trespass in the 41 first degree as defined in section 140.17 of the penal law, burglary in 42 the third degree as defined in section 140.20 of the penal law, burglary 43 in the second degree as defined in section 140.25 of the penal law, 44 burglary in the first degree as defined in section 140.30 of the penal 45 law, criminal mischief in the third degree as defined in section 145.05 46 of the penal law, criminal mischief in the second degree as defined in 47 section 145.10 of the penal law, criminal mischief in the first degree 48 as defined in section 145.12 of the penal law, criminal tampering in the 49 first degree as defined in section 145.20 of the penal law, arson in the 50 fourth degree as defined in section 150.05 of the penal law, arson in 51 the third degree as defined in section 150.10 of the penal law, arson in 52 the second degree as defined in section 150.15 of the penal law, arson 53 in the first degree as defined in section 150.20 of the penal law, grand 54 larceny in the fourth degree as defined in section 155.30 of the penal 55 law, grand larceny in the third degree as defined in section 155.35 of 56 the penal law, grand larceny in the second degree as defined in sectionA. 794--C 16 1 155.40 of the penal law, grand larceny in the first degree as defined in 2 section 155.42 of the penal law, health care fraud in the fourth degree 3 as defined in section 177.10 of the penal law, health care fraud in the 4 third degree as defined in section 177.15 of the penal law, health care 5 fraud in the second degree as defined in section 177.20 of the penal 6 law, health care fraud in the first degree as defined in section 177.25 7 of the penal law, robbery in the third degree as defined in section 8 160.05 of the penal law, robbery in the second degree as defined in 9 section 160.10 of the penal law, robbery in the first degree as defined 10 in section 160.15 of the penal law, unlawful use of secret scientific 11 material as defined in section 165.07 of the penal law, criminal 12 possession of stolen property in the fourth degree as defined in section 13 165.45 of the penal law, criminal possession of stolen property in the 14 third degree as defined in section 165.50 of the penal law, criminal 15 possession of stolen property in the second degree as defined by section 16 165.52 of the penal law, criminal possession of stolen property in the 17 first degree as defined by section 165.54 of the penal law, trademark 18 counterfeiting in the second degree as defined in section 165.72 of the 19 penal law, trademark counterfeiting in the first degree as defined in 20 section 165.73 of the penal law, forgery in the second degree as defined 21 in section 170.10 of the penal law, forgery in the first degree as 22 defined in section 170.15 of the penal law, criminal possession of a 23 forged instrument in the second degree as defined in section 170.25 of 24 the penal law, criminal possession of a forged instrument in the first 25 degree as defined in section 170.30 of the penal law, criminal 26 possession of forgery devices as defined in section 170.40 of the penal 27 law, falsifying business records in the first degree as defined in 28 section 175.10 of the penal law, tampering with public records in the 29 first degree as defined in section 175.25 of the penal law, offering a 30 false instrument for filing in the first degree as defined in section 31 175.35 of the penal law, issuing a false certificate as defined in 32 section 175.40 of the penal law, criminal diversion of prescription 33 medications and prescriptions in the second degree as defined in section 34 178.20 of the penal law, criminal diversion of prescription medications 35 and prescriptions in the first degree as defined in section 178.25 of 36 the penal law, residential mortgage fraud in the fourth degree as 37 defined in section 187.10 of the penal law, residential mortgage fraud 38 in the third degree as defined in section 187.15 of the penal law, resi- 39 dential mortgage fraud in the second degree as defined in section 187.20 40 of the penal law, residential mortgage fraud in the first degree as 41 defined in section 187.25 of the penal law, escape in the second degree 42 as defined in section 205.10 of the penal law, escape in the first 43 degree as defined in section 205.15 of the penal law, absconding from 44 temporary release in the first degree as defined in section 205.17 of 45 the penal law, promoting prison contraband in the first degree as 46 defined in section 205.25 of the penal law, hindering prosecution in the 47 second degree as defined in section 205.60 of the penal law, hindering 48 prosecution in the first degree as defined in section 205.65 of the 49 penal law, sex trafficking as defined in section 230.34 of the penal 50 law, sex trafficking of a child as defined in section 230.34-a of the 51 penal law, criminal possession of a weapon in the third degree as 52 defined in subdivisions two, three and five of section 265.02 of the 53 penal law, criminal possession of a weapon in the second degree as 54 defined in section 265.03 of the penal law, criminal possession of a 55 weapon in the first degree as defined in section 265.04 of the penal 56 law, manufacture, transport, disposition and defacement of weapons andA. 794--C 17 1 dangerous instruments and appliances defined as felonies in subdivisions 2 one, two, and three of section 265.10 of the penal law, sections 265.11, 3 265.12 and 265.13 of the penal law, or prohibited use of weapons as 4 defined in subdivision two of section 265.35 of the penal law, relating 5 to firearms and other dangerous weapons, or failure to disclose the 6 origin of a recording in the first degree as defined in section 275.40 7 of the penal law; 8 § 34. Paragraph (a) of subdivision 2 of section 720.10 of the criminal 9 procedure law, as amended by chapter 316 of the laws of 2006, is amended 10 to read as follows: 11 (a) the conviction to be replaced by a youthful offender finding is 12 for (i) a class A-I or class A-II felony, or (ii) an armed felony as 13 defined in subdivision forty-one of section 1.20, except as provided in 14 subdivision three, or (iii) rape in the first degree[, criminal sexual15act in the first degree,] or aggravated sexual abuse, except as provided 16 in subdivision three, or 17 § 35. Paragraph (a) of subdivision 2 and paragraph (a) of subdivision 18 3 of section 168-a of the correction law, paragraph (a) of subdivision 2 19 as amended by chapter 405 of the laws of 2008, subparagraph (i) of para- 20 graph (a) of subdivision 2 as amended by chapter 189 of the laws of 2018 21 and paragraph (a) of subdivision 3 as amended by chapter 107 of the laws 22 of 2006, are amended to read as follows: 23 (a) (i) a conviction of or a conviction for an attempt to commit any 24 of the provisions of sections 120.70, 130.20, 130.25, 130.30, [130.40,25130.45,] 130.60, 230.34, 230.34-a 250.50, 255.25, 255.26 and 255.27 or 26 article two hundred sixty-three of the penal law, or section 135.05, 27 135.10, 135.20 or 135.25 of such law relating to kidnapping offenses, 28 provided the victim of such kidnapping or related offense is less than 29 seventeen years old and the offender is not the parent of the victim, or 30 section 230.04, where the person patronized is in fact less than seven- 31 teen years of age, 230.05, 230.06, 230.11, 230.12, 230.13, subdivision 32 two of section 230.30, section 230.32, 230.33, or 230.34 of the penal 33 law, or section 230.25 of the penal law where the person prostituted is 34 in fact less than seventeen years old, or (ii) a conviction of or a 35 conviction for an attempt to commit any of the provisions of section 36 235.22 of the penal law, or (iii) a conviction of or a conviction for an 37 attempt to commit any provisions of the foregoing sections committed or 38 attempted as a hate crime defined in section 485.05 of the penal law or 39 as a crime of terrorism defined in section 490.25 of such law or as a 40 sexually motivated felony defined in section 130.91 of such law; or 41 (a) (i) a conviction of or a conviction for an attempt to commit any 42 of the provisions of sections 130.35, [130.50,] 130.65, 130.66, 130.67, 43 130.70, 130.75, 130.80, 130.95 and 130.96 of the penal law, or (ii) a 44 conviction of or a conviction for an attempt to commit any of the 45 provisions of sections 130.53, 130.65-a and 130.90 of the penal law, or 46 (iii) a conviction of or a conviction for an attempt to commit any 47 provisions of the foregoing sections committed or attempted as a hate 48 crime defined in section 485.05 of the penal law or as a crime of 49 terrorism defined in section 490.25 of such law; or 50 § 36. Subparagraph (ii) of paragraph (a), subparagraphs (i) and (ii) 51 of paragraph (b) and paragraph (e) of subdivision 8 of section 384-b of 52 the social services law, subparagraph (ii) of paragraph (a) and subpara- 53 graph (i) of paragraph (b) as amended by chapter 430 of the laws of 54 2013, subparagraph (ii) of paragraph (b) as amended and paragraph (e) as 55 added by chapter 7 of the laws of 1999, are amended to read as follows:A. 794--C 18 1 (ii) the child has been found to be an abused child, as defined in 2 paragraph (iii) of subdivision (e) of section ten hundred twelve of the 3 family court act, as a result of such parent's acts; provided, however, 4 the respondent must have committed or knowingly allowed to be committed 5 a felony sex offense as defined in sections 130.25, 130.30, 130.35, 6 [130.40, 130.45, 130.50,] 130.65, 130.67, 130.70, 130.75, 130.80, 130.95 7 and 130.96 of the penal law and, for the purposes of this section the 8 corroboration requirements contained in the penal law shall not apply to 9 proceedings under this section; or 10 (i) the child has been found to be an abused child, (A) as defined in 11 paragraph (i) of subdivision (e) of section ten hundred twelve of the 12 family court act, as a result of such parent's acts; or (B) as defined 13 in paragraph (iii) of subdivision (e) of section ten hundred twelve of 14 the family court act, as a result of such parent's acts; provided, 15 however, the respondent must have committed or knowingly allowed to be 16 committed a felony sex offense as defined in sections 130.25, 130.30, 17 130.35, [130.40, 130.45, 130.50,] 130.65, 130.67, 130.70, 130.75, 18 130.80, 130.95 and 130.96 of the penal law; and 19 (ii) (A) the child or another child for whose care such parent is or 20 has been legally responsible has been previously found, within the five 21 years immediately preceding the initiation of the proceeding in which 22 such abuse is found, to be an abused child, as defined in paragraph (i) 23 or (iii) of subdivision (e) of section ten hundred twelve of the family 24 court act, as a result of such parent's acts; provided, however, in the 25 case of a finding of abuse as defined in paragraph (iii) of subdivision 26 (e) of section ten hundred twelve of the family court act the respondent 27 must have committed or knowingly allowed to be committed a felony sex 28 offense as defined in sections 130.25, 130.30, 130.35, [130.40, 130.45,29130.50,] 130.65, 130.67, 130.70, 130.75 and 130.80 of the penal law, or 30 (B) the parent has been convicted of a crime under section 130.25, 31 130.30, 130.35, [130.40, 130.45, 130.50,] 130.65, 130.67, 130.70, 130.75 32 or 130.80 of the penal law against the child, a sibling of the child or 33 another child for whose care such parent is or has been legally respon- 34 sible, within the five year period immediately preceding the initiation 35 of the proceeding in which abuse is found; and 36 (e) A determination by the court in accordance with article ten of the 37 family court act based upon clear and convincing evidence that a child 38 was abused (A) as defined in paragraph (i) of subdivision (e) of section 39 ten hundred twelve of the family court act, as a result of such parent's 40 acts; or (B) as defined in paragraph (iii) of subdivision (e) of section 41 ten hundred twelve of the family court act, as a result of such parent's 42 acts; provided, however, the respondent must have committed or knowingly 43 allowed to be committed a felony sex offense as defined in sections 44 130.25, 130.30, 130.35, [130.40, 130.45, 130.50,] 130.65, 130.67, 45 130.70, 130.75 and 130.80 of the penal law shall establish that the 46 child was an abused child for the purpose of a determination as required 47 by subparagraph (i) or (ii) of paragraph (b) of this subdivision. Such a 48 determination by the court in accordance with article ten of the family 49 court act based upon a fair preponderance of evidence shall be admissi- 50 ble in any proceeding commenced in accordance with this section. 51 § 37. Paragraphs (a) and (b) of subdivision 4 of section 509-cc of the 52 vehicle and traffic law, paragraph (a) as amended by chapter 189 of the 53 laws of 2018 and paragraph (b) as amended by chapter 400 of the laws of 54 2011, are amended to read as follows: 55 (a) The offenses referred to in subparagraph (ii) of paragraph (a) of 56 subdivision one and paragraph (a) of subdivision two of this sectionA. 794--C 19 1 that result in permanent disqualification shall include a conviction 2 under sections 125.12, 125.13, 125.14, 125.15, 125.20, 125.21, 125.22, 3 125.25, 125.26, 125.27, 130.30, 130.35, [130.45, 130.50,] 130.65, 4 130.66, 130.67, 130.70, 130.75, 130.80, 130.90, 130.95, 130.96, 135.25, 5 150.20, 230.30, 230.32, 230.34, 230.34-a, 235.22, 263.05, 263.10, 6 263.11, 263.15, 263.16 of the penal law or an attempt to commit any of 7 the aforesaid offenses under section 110.00 of the penal law, or any 8 offenses committed under a former section of the penal law which would 9 constitute violations of the aforesaid sections of the penal law, or any 10 offenses committed outside this state which would constitute violations 11 of the aforesaid sections of the penal law. 12 (b) The offenses referred to in subparagraph (ii) of paragraph (a) of 13 subdivision one and paragraph (b) of subdivision two of this section 14 that result in permanent disqualification shall include a conviction 15 under sections 100.13, 105.15, 105.17, 115.08, 120.12, 120.70, 125.10, 16 125.11, [130.40,] 130.53, 130.60, 130.65-a, 135.20, 160.15, 220.18, 17 220.21, 220.39, 220.41, 220.43, 220.44, 230.25, 260.00, 265.04 of the 18 penal law or an attempt to commit any of the aforesaid offenses under 19 section 110.00 of the penal law, or any offenses committed under a 20 former section of the penal law which would constitute violations of the 21 aforesaid sections of the penal law, or any offenses committed outside 22 this state which would constitute violations of the aforesaid sections 23 of the penal law. 24 § 38. Subdivision (b) of section 117 of the family court act, as 25 amended by chapter 7 of the laws of 2007, is amended to read as follows: 26 (b) For every juvenile delinquency proceeding under article three 27 involving an allegation of an act committed by a person which, if done 28 by an adult, would be a crime (i) defined in sections 125.27 (murder in 29 the first degree); 125.25 (murder in the second degree); 135.25 (kidnap- 30 ping in the first degree); or 150.20 (arson in the first degree) of the 31 penal law committed by a person thirteen, fourteen or fifteen years of 32 age; or such conduct committed as a sexually motivated felony, where 33 authorized pursuant to section 130.91 of the penal law; (ii) defined in 34 sections 120.10 (assault in the first degree); 125.20 (manslaughter in 35 the first degree); 130.35 (rape in the first degree); [130.50 (criminal36sexual act in the first degree);] 135.20 (kidnapping in the second 37 degree), but only where the abduction involved the use or threat of use 38 of deadly physical force; 150.15 (arson in the second degree); or 160.15 39 (robbery in the first degree) of the penal law committed by a person 40 thirteen, fourteen or fifteen years of age; or such conduct committed as 41 a sexually motivated felony, where authorized pursuant to section 130.91 42 of the penal law; (iii) defined in the penal law as an attempt to commit 43 murder in the first or second degree or kidnapping in the first degree 44 committed by a person thirteen, fourteen or fifteen years of age; or 45 such conduct committed as a sexually motivated felony, where authorized 46 pursuant to section 130.91 of the penal law; (iv) defined in section 47 140.30 (burglary in the first degree); subdivision one of section 140.25 48 (burglary in the second degree); subdivision two of section 160.10 49 (robbery in the second degree) of the penal law; or section 265.03 of 50 the penal law, where such machine gun or such firearm is possessed on 51 school grounds, as that phrase is defined in subdivision fourteen of 52 section 220.00 of the penal law committed by a person fourteen or 53 fifteen years of age; or such conduct committed as a sexually motivated 54 felony, where authorized pursuant to section 130.91 of the penal law; 55 (v) defined in section 120.05 (assault in the second degree) or 160.10 56 (robbery in the second degree) of the penal law committed by a personA. 794--C 20 1 fourteen or fifteen years of age but only where there has been a prior 2 finding by a court that such person has previously committed an act 3 which, if committed by an adult, would be the crime of assault in the 4 second degree, robbery in the second degree or any designated felony act 5 specified in clause (i), (ii) or (iii) of this subdivision regardless of 6 the age of such person at the time of the commission of the prior act; 7 or (vi) other than a misdemeanor, committed by a person at least seven 8 but less than sixteen years of age, but only where there has been two 9 prior findings by the court that such person has committed a prior act 10 which, if committed by an adult would be a felony: 11 (i) There is hereby established in the family court in the city of New 12 York at least one "designated felony act part." Such part or parts shall 13 be held separate from all other proceedings of the court, and shall have 14 jurisdiction over all proceedings involving such an allegation. All such 15 proceedings shall be originated in or be transferred to this part from 16 other parts as they are made known to the court. 17 (ii) Outside the city of New York, all proceedings involving such an 18 allegation shall have a hearing preference over every other proceeding 19 in the court, except proceedings under article ten. 20 § 39. Paragraph (ii) of subdivision 8 of section 301.2 of the family 21 court act, as amended by section 57 of part WWW of chapter 59 of the 22 laws of 2017, is amended to read as follows: 23 (ii) defined in sections 120.10 (assault in the first degree); 125.20 24 (manslaughter in the first degree); 130.35 (rape in the first degree); 25 [130.50 (criminal sexual act in the first degree);] 130.70 (aggravated 26 sexual abuse in the first degree); 135.20 (kidnapping in the second 27 degree) but only where the abduction involved the use or threat of use 28 of deadly physical force; 150.15 (arson in the second degree) or 160.15 29 (robbery in the first degree) of the penal law committed by a person 30 thirteen, fourteen, fifteen, or sixteen, or, commencing October first, 31 two thousand nineteen, seventeen years of age; or such conduct committed 32 as a sexually motivated felony, where authorized pursuant to section 33 130.91 of the penal law; 34 § 40. Subdivision 4 of section 308.1 of the family court act, as 35 amended by chapter 264 of the laws of 2003, is amended to read as 36 follows: 37 4. The probation service shall not adjust a case in which the child 38 has allegedly committed a delinquent act which would be a crime defined 39 in section 120.25, (reckless endangerment in the first degree), subdivi- 40 sion one of section 125.15, (manslaughter in the second degree), [subdi-41vision] subdivisions one, two and three of section 130.25, (rape in the 42 third degree), [subdivision one of section 130.40, (criminal sexual act43in the third degree),] subdivision one or two of section 130.65, (sexual 44 abuse in the first degree), section 135.65, (coercion in the first 45 degree), section 140.20, (burglary in the third degree), section 150.10, 46 (arson in the third degree), section 160.05, (robbery in the third 47 degree), subdivision two, three or four of section 265.02, (criminal 48 possession of a weapon in the third degree), section 265.03, (criminal 49 possession of a weapon in the second degree), or section 265.04, (crimi- 50 nal possession of a dangerous weapon in the first degree) of the penal 51 law where the child has previously had one or more adjustments of a case 52 in which such child allegedly committed an act which would be a crime 53 specified in this subdivision unless it has received written approval 54 from the court and the appropriate presentment agency. 55 § 41. Subdivision (c) of section 1052 of the family court act, as 56 added by chapter 739 of the laws of 1981, is amended to read as follows:A. 794--C 21 1 (c) Prior to granting an order of disposition pursuant to subdivision 2 (a) of this section following an adjudication of child abuse, as defined 3 in paragraph (i) of subdivision (e) of section ten hundred twelve of 4 this act or a finding of a felony sex offense as defined in sections 5 130.25, 130.30, 130.35, [130.40, 130.45, 130.50,] 130.65 and 130.70 of 6 the penal law, the court shall advise the respondent that any subsequent 7 adjudication of child abuse, as defined in paragraph (i) of subdivision 8 (e) of section one thousand twelve of this act or any subsequent finding 9 of a felony sex offense as defined in those sections of the penal law 10 herein enumerated, arising out of acts of the respondent may result in 11 the commitment of the guardianship and custody of the child or another 12 child pursuant to section three hundred eighty-four-b of the social 13 services law. The order in such cases shall contain a statement that any 14 subsequent adjudication of child abuse or finding of a felony sex 15 offense as described herein may result in the commitment of the guardi- 16 anship and custody of the child, or another child pursuant to section 17 three hundred eighty-four-b of the social services law. 18 § 42. Subdivision 2 of section 61 of the civil rights law, as amended 19 by section 54 of subpart B of part C of chapter 62 of the laws of 2011, 20 is amended to read as follows: 21 2. If the petitioner stands convicted of a violent felony offense as 22 defined in section 70.02 of the penal law or a felony defined in article 23 one hundred twenty-five of such law or any of the following provisions 24 of such law sections 130.25, 130.30, [130.40, 130.45,] 255.25, 255.26, 25 255.27, article two hundred sixty-three, 135.10, 135.25, 230.05, 230.06, 26 subdivision two of section 230.30 or 230.32, and is currently confined 27 as an inmate in any correctional facility or currently under the super- 28 vision of the department of corrections and community supervision or a 29 county probation department as a result of such conviction, the petition 30 shall for each such conviction specify such felony conviction, the date 31 of such conviction or convictions, and the court in which such 32 conviction or convictions were entered. 33 § 43. Subdivision 2 of section 62 of the civil rights law, as amended 34 by section 55 of subpart B of part C of chapter 62 of the laws of 2011, 35 is amended to read as follows: 36 2. If the petition be to change the name of a person currently 37 confined as an inmate in any correctional facility or currently under 38 the supervision of the department of corrections and community super- 39 vision or a county probation department as a result of a conviction for 40 a violent felony offense as defined in section 70.02 of the penal law or 41 a felony defined in article one hundred twenty-five of such law or any 42 of the following provisions of such law sections 130.25, 130.30, 43 [130.40, 130.45,] 255.25, 255.26, 255.27, article two hundred sixty- 44 three, 135.10, 135.25, 230.05, 230.06, subdivision two of section 230.30 45 or 230.32, notice of the time and place when and where the petition will 46 be presented shall be served, in like manner as a notice of a motion 47 upon an attorney in an action, upon the district attorney of every coun- 48 ty in which such person has been convicted of such felony and upon the 49 court or courts in which the sentence for such felony was entered. 50 Unless a shorter period of time is ordered by the court, said notice 51 shall be served upon each such district attorney and court or courts not 52 less than sixty days prior to the date on which such petition is noticed 53 to be heard. 54 § 44. The closing paragraph of section 64 of the civil rights law, as 55 separately amended by chapters 258, 320 and 481 of the laws of 2006, is 56 amended to read as follows:A. 794--C 22 1 Upon compliance with the order and the filing of the affidavit of the 2 publication, as provided in this section, the clerk of the court in 3 which the order has been entered shall certify that the order has been 4 complied with; and, if the petition states that the petitioner stands 5 convicted of a violent felony offense as defined in section 70.02 of the 6 penal law or a felony defined in article one hundred twenty-five of such 7 law or any of the following provisions of such law sections 130.25, 8 130.30, [130.40, 130.45,] 255.25, 255.26, 255.27, article two hundred 9 sixty-three, 135.10, 135.25, 230.05, 230.06, subdivision two of section 10 230.30 or 230.32, such clerk (1) shall deliver, by first class mail, a 11 copy of such certified order to the division of criminal justice 12 services at its office in the county of Albany and (2) upon the clerk of 13 the court reviewing the petitioner's application for name change and 14 subsequent in-court inquiry, may, in the clerk's discretion, deliver, by 15 first class mail, the petitioner's new name with such certified order to 16 the court of competent jurisdiction which imposed the orders of support. 17 Such certification shall appear on the original order and on any certi- 18 fied copy thereof and shall be entered in the clerk's minutes of the 19 proceeding. 20 § 45. Section 213-c of the civil practice law and rules, as added by 21 chapter 3 of the laws of 2006, is amended to read as follows: 22 § 213-c. Action by victim of conduct constituting certain sexual 23 offenses. Notwithstanding any other limitation set forth in this arti- 24 cle, a civil claim or cause of action to recover from a defendant as 25 hereinafter defined, for physical, psychological or other injury or 26 condition suffered by a person as a result of acts by such defendant of 27 rape in the first degree as defined in section 130.35 of the penal law, 28 [or criminal sexual act in the first degree as defined in section 130.5029of the penal law,] or aggravated sexual abuse in the first degree as 30 defined in section 130.70 of the penal law, or course of sexual conduct 31 against a child in the first degree as defined in section 130.75 of the 32 penal law may be brought within five years. As used in this section, the 33 term "defendant" shall mean only a person who commits the acts described 34 in this section or who, in a criminal proceeding, could be charged with 35 criminal liability for the commission of such acts pursuant to section 36 20.00 of the penal law and shall not apply to any related civil claim or 37 cause of action arising from such acts. Nothing in this section shall be 38 construed to require that a criminal charge be brought or a criminal 39 conviction be obtained as a condition of bringing a civil cause of 40 action or receiving a civil judgment pursuant to this section or be 41 construed to require that any of the rules governing a criminal proceed- 42 ing be applicable to any such civil action. 43 § 46. Paragraph (b) of subdivision 8 of section 215 of the civil prac- 44 tice law and rules, as added by chapter 3 of the laws of 2006, is 45 amended to read as follows: 46 (b) Whenever it is shown that a criminal action against the same 47 defendant has been commenced with respect to the event or occurrence 48 from which a claim governed by this section arises, and such criminal 49 action is for rape in the first degree as defined in section 130.35 of 50 the penal law, [or criminal sexual act in the first degree as defined in51section 130.50 of the penal law,] or aggravated sexual abuse in the 52 first degree as defined in section 130.70 of the penal law, or course of 53 sexual conduct against a child in the first degree as defined in section 54 130.75 of the penal law, the plaintiff shall have at least five years 55 from the termination of the criminal action as defined in section 1.20 56 of the criminal procedure law in which to commence the civil action,A. 794--C 23 1 notwithstanding that the time in which to commence such action has 2 already expired or has less than a year remaining. 3 § 47. Subdivision 11 of section 123 of the agriculture and markets 4 law, as amended by chapter 392 of the laws of 2004, and such section as 5 renumbered by section 18 of part T of chapter 59 of the laws of 2010, is 6 amended to read as follows: 7 11. The owner shall not be liable pursuant to subdivision six, seven, 8 eight, nine or ten of this section if the dog was coming to the aid or 9 defense of a person during the commission or attempted commission of a 10 murder, robbery, burglary, arson, rape in the first degree as defined in 11 paragraph (a) or (b) of subdivision one [or], paragraph (a) or (b) of 12 subdivision two or paragraph (a) or (b) of subdivision three of section 13 130.35 of the penal law[, criminal sexual act in the first degree as14defined in subdivision one or two of section 130.50 of the penal law] or 15 kidnapping within the dwelling or upon the real property of the owner of 16 the dog and the dog injured or killed the person committing such crimi- 17 nal activity. 18 § 48. Section 4 of the judiciary law, as amended by chapter 1 of the 19 laws of 2019, is amended to read as follows: 20 § 4. Sittings of courts to be public. The sittings of every court 21 within this state shall be public, and every citizen may freely attend 22 the same, except that in all proceedings and trials in cases for 23 divorce, seduction, rape, assault with intent to commit rape, [criminal24sexual act,] bastardy or filiation, the court may, in its discretion, 25 exclude therefrom all persons who are not directly interested therein, 26 excepting jurors, witnesses, and officers of the court. 27 § 49. Subdivision 2 of section 120.60 of the penal law, as amended by 28 chapter 434 of the laws of 2000, is amended to read as follows: 29 2. commits a class A misdemeanor defined in article one hundred thirty 30 of this chapter, or a class E felony defined in section 130.25, [130.40] 31 or 130.85 of this chapter, or a class D felony defined in section 130.30 32 [or 130.45] of this chapter. 33 § 50. Subdivision 1 of section 210.16 of the criminal procedure law, 34 as added by chapter 571 of the laws of 2007, is amended to read as 35 follows: 36 1. (a) In a case where an indictment or a superior court information 37 has been filed with a superior court which charges the defendant with a 38 felony offense enumerated in any section of article one hundred thirty 39 of the penal law where an act of "[sexual intercourse] vaginal sexual 40 contact", "oral sexual [conduct] contact" or "anal sexual [conduct] 41 contact," as those terms are defined in section 130.00 of the penal law, 42 is required as an essential element for the commission thereof, the 43 court shall, upon a request of the victim within six months of the date 44 of the crimes charged, order that the defendant submit to human immuno- 45 deficiency virus (HIV) related testing. Testing of a defendant shall be 46 ordered when the result would provide medical benefit to the victim or a 47 psychological benefit to the victim. Medical benefit shall be found when 48 the following elements are satisfied: (i) a decision is pending about 49 beginning, continuing, or discontinuing a medical intervention for the 50 victim; and (ii) the result of an HIV test of the accused could affect 51 that decision, and could provide relevant information beyond that which 52 would be provided by an HIV test of the victim. If testing the defendant 53 would provide medical benefit to the victim or a psychological benefit 54 to the victim, then the testing is to be conducted by a state, county, 55 or local public health officer designated by the order. Test results, 56 which shall not be disclosed to the court, shall be communicated to theA. 794--C 24 1 defendant and the victim named in the order in accordance with the 2 provisions of section twenty-seven hundred eighty-five-a of the public 3 health law. 4 (b) For the purposes of this section, the terms "victim" and "appli- 5 cant" mean the person with whom the defendant is charged to have engaged 6 in an act of "[sexual intercourse] vaginal sexual contact", "oral sexual 7 [conduct] contact" or "anal sexual [conduct] contact", as those terms 8 are defined in section 130.00 of the penal law, where such conduct with 9 such victim was the basis for charging the defendant with an offense 10 specified in paragraph (a) of this subdivision. 11 § 51. Subdivision 1 of section 390.15 of the criminal procedure law, 12 as amended by chapter 264 of the laws of 2003, is amended to read as 13 follows: 14 1. (a) In any case where the defendant is convicted of a felony 15 offense enumerated in any section of article one hundred thirty of the 16 penal law, or any subdivision of section 130.20 of such law, where an 17 act of "[sexual intercourse] vaginal sexual contact", "oral sexual 18 [conduct] contact" or "anal sexual [conduct] contact," as those terms 19 are defined in section 130.00 of the penal law, is required as an essen- 20 tial element for the commission thereof, the court must, upon a request 21 of the victim, order that the defendant submit to human immunodeficiency 22 (HIV) related testing. The testing is to be conducted by a state, coun- 23 ty, or local public health officer designated by the order. Test 24 results, which shall not be disclosed to the court, shall be communi- 25 cated to the defendant and the victim named in the order in accordance 26 with the provisions of section twenty-seven hundred eighty-five-a of the 27 public health law, but such results and disclosure need not be completed 28 prior to the imposition of sentence. 29 (b) For the purposes of this section, the terms "defendant", 30 "conviction" and "sentence" mean and include, respectively, an "eligible 31 youth," a "youthful offender finding" and a "youthful offender sentence" 32 as those terms are defined in section 720.10 of this chapter. The term 33 "victim" means the person with whom the defendant engaged in an act of 34 "[sexual intercourse] vaginal sexual contact", "oral sexual [conduct] 35 contact" or "anal sexual [conduct] contact", as those terms are defined 36 in section 130.00 of the penal law, where such conduct with such victim 37 was the basis for the defendant's conviction of an offense specified in 38 paragraph (a) of this subdivision. 39 § 52. Subdivision 1 of section 347.1 of the family court act, as 40 amended by chapter 264 of the laws of 2003, is amended to read as 41 follows: 42 1. (a) In any proceeding where the respondent is found pursuant to 43 section 345.1 or 346.1 of this article, to have committed a felony 44 offense enumerated in any section of article one hundred thirty of the 45 penal law, or any subdivision of section 130.20 of such law, for which 46 an act of "[sexual intercourse] vaginal sexual contact", "oral sexual 47 [conduct] contact" or "anal sexual [conduct] contact", as those terms 48 are defined in section 130.00 of the penal law, is required as an essen- 49 tial element for the commission thereof, the court must, upon a request 50 of the victim, order that the respondent submit to human immunodeficien- 51 cy (HIV) related testing. The testing is to be conducted by a state, 52 county, or local public health officer designated by the order. Test 53 results, which shall not be disclosed to the court, shall be communi- 54 cated to the respondent and the victim named in the order in accordance 55 with the provisions of section twenty-seven hundred eighty-five-a of the 56 public health law.A. 794--C 25 1 (b) For the purposes of this section, the term "victim" means the 2 person with whom the respondent engaged in an act of "[sexual inter-3course] vaginal sexual contact", "oral sexual [conduct] contact" or 4 "anal sexual [conduct] contact", as those terms are defined in section 5 130.00 of the penal law, where such conduct with such victim was the 6 basis for the court's finding that the respondent committed acts consti- 7 tuting one or more of the offenses specified in paragraph (a) of this 8 subdivision. 9 § 53. Subdivision (a) of section 130.16 of the penal law, as amended 10 by chapter 264 of the laws of 2003, is amended to read as follows: 11 (a) Establish that an attempt was made to engage the victim in [sexual12intercourse] vaginal sexual contact, oral sexual [conduct] contact, anal 13 sexual [conduct] contact, or sexual contact, as the case may be, at the 14 time of the occurrence; and 15 § 54. Section 130.20 of the penal law, as amended by chapter 1 of the 16 laws of 2000, subdivision 2 as amended by chapter 264 of the laws of 17 2003, is amended to read as follows: 18 § 130.20 Sexual misconduct. 19 A person is guilty of sexual misconduct when: 20 1. He or she engages in [sexual intercourse] vaginal sexual contact 21 with another person without such person's consent; or 22 2. He or she engages in oral sexual [conduct or anal sexual conduct] 23 contact with another person without such person's consent; or 24 3. He or she engages in anal sexual contact with another person with- 25 out such person's consent; or 26 4. He or she engages in sexual conduct with an animal or a dead human 27 body. 28 Sexual misconduct is a class A misdemeanor. 29 § 55. Paragraphs (a) and (b) of subdivision 1 of section 130.75 of the 30 penal law, as amended by chapter 264 of the laws of 2003, are amended to 31 read as follows: 32 (a) he or she engages in two or more acts of sexual conduct, which 33 includes at least one act of [sexual intercourse] vaginal sexual 34 contact, oral sexual [conduct] contact, anal sexual [conduct] contact or 35 aggravated sexual contact, with a child less than eleven years old; or 36 (b) he or she, being eighteen years old or more, engages in two or 37 more acts of sexual conduct, which include at least one act of [sexual38intercourse] vaginal sexual contact, oral sexual [conduct] contact, anal 39 sexual [conduct] contact or aggravated sexual contact, with a child less 40 than thirteen years old. 41 § 56. Subdivision 1 of section 235.00 of the penal law, as amended by 42 chapter 264 of the laws of 2003, is amended to read as follows: 43 1. "Obscene." Any material or performance is "obscene" if (a) the 44 average person, applying contemporary community standards, would find 45 that considered as a whole, its predominant appeal is to the prurient 46 interest in sex, and (b) it depicts or describes in a patently offensive 47 manner, actual or simulated: [sexual intercourse] vaginal sexual 48 contact, [criminal sexual act] oral sexual contact, anal sexual contact, 49 sexual bestiality, masturbation, sadism, masochism, excretion or lewd 50 exhibition of the genitals, and (c) considered as a whole, it lacks 51 serious literary, artistic, political, and scientific value. Predominant 52 appeal shall be judged with reference to ordinary adults unless it 53 appears from the character of the material or the circumstances of its 54 dissemination to be designed for children or other [specially] especial- 55 ly susceptible audience.A. 794--C 26 1 § 57. Subdivision 2 of section 235.22 of the penal law, as amended by 2 chapter 264 of the laws of 2003, is amended to read as follows: 3 2. by means of such communication he importunes, invites or induces a 4 minor to engage in [sexual intercourse] vaginal sexual contact, oral 5 sexual [conduct] contact or anal sexual [conduct] contact, or sexual 6 contact with him, or to engage in a sexual performance, obscene sexual 7 performance, or sexual conduct for his benefit. 8 § 58. Section 255.25 of the penal law, as amended by chapter 320 of 9 the laws of 2006, is amended to read as follows: 10 § 255.25 Incest in the third degree. 11 A person is guilty of incest in the third degree when he or she 12 marries or engages in [sexual intercourse] vaginal sexual contact, oral 13 sexual [conduct] contact or anal sexual [conduct] contact with a person 14 whom he or she knows to be related to him or her, whether through 15 marriage or not, as an ancestor, descendant, brother or sister of either 16 the whole or the half blood, uncle, aunt, nephew or niece. 17 Incest in the third degree is a class E felony. 18 § 59. Subdivision 3 of section 263.00 of the penal law, as amended by 19 chapter 264 of the laws of 2003, is amended to read as follows: 20 3. "Sexual conduct" means actual or simulated [sexual intercourse] 21 vaginal sexual contact, oral sexual [conduct] contact, anal sexual 22 [conduct]contact, sexual bestiality, masturbation, sado-masochistic 23 abuse, or lewd exhibition of the genitals. 24 § 60. Subdivision 3 of section 60.42 of the criminal procedure law, as 25 amended by section 1 of part R of chapter 55 of the laws of 2019, is 26 amended to read as follows: 27 3. rebuts evidence introduced by the people of the victim's failure to 28 engage in [sexual intercourse] vaginal sexual contact, oral sexual 29 [conduct] contact, anal sexual [conduct] contact or sexual contact 30 during a given period of time; or 31 § 61. Subdivision 3 of section 344.4 of the family court act, as 32 amended by chapter 264 of the laws of 2003, is amended to read as 33 follows: 34 3. rebuts evidence introduced by the presentment agency of the 35 victim's failure to engage in [sexual intercourse] vaginal sexual 36 contact, oral sexual [conduct] contact, anal sexual [conduct] contact or 37 sexual contact during a given period of time; or 38 § 62. Subdivision 4 of section 170 of the domestic relations law, as 39 amended by chapter 264 of the laws of 2003, is amended to read as 40 follows: 41 (4) The commission of an act of adultery, provided that adultery for 42 the purposes of articles ten, eleven, and eleven-A of this chapter, is 43 hereby defined as the commission of an act of [sexual intercourse] vagi- 44 nal sexual contact, oral sexual [conduct] contact or anal sexual 45 [conduct] contact, voluntarily performed by the defendant, with a person 46 other than the plaintiff after the marriage of plaintiff and defendant. 47 Oral sexual [conduct] contact and anal sexual [conduct] contact include, 48 but are not limited to, sexual conduct as defined in subdivision two of 49 section 130.00 and subdivision [three] four of section 130.20 of the 50 penal law. 51 § 63. The first undesignated paragraph of section 135.61 of the penal 52 law, as added by section 2 of part NN of chapter 55 of the laws of 2018, 53 is amended to read as follows: 54 A person is guilty of coercion in the second degree when he or she 55 commits the crime of coercion in the third degree as defined in section 56 135.60 of this article and thereby compels or induces a person to engageA. 794--C 27 1 in [sexual intercourse] vaginal sexual contact, oral sexual [conduct] 2 contact or anal sexual [conduct] contact as such terms are defined in 3 section [130 of the penal law] 130.00 of this title. 4 § 64. The first undesignated paragraph of section 230.11 of the penal 5 law, as added by chapter 368 of the laws of 2015, is amended to read as 6 follows: 7 A person is guilty of aggravated patronizing a minor for prostitution 8 in the third degree when, being twenty-one years old or more, he or she 9 patronizes a person for prostitution and the person patronized is less 10 than seventeen years old and the person guilty of patronizing engages in 11 [sexual intercourse] vaginal sexual contact, oral sexual [conduct] 12 contact, anal sexual [conduct] contact, or aggravated sexual [conduct] 13 contact as those terms are defined in section 130.00 of this part, with 14 the person patronized. 15 § 65. The first undesignated paragraph of section 230.12 of the penal 16 law, as added by chapter 368 of the laws of 2015, is amended to read as 17 follows: 18 A person is guilty of aggravated patronizing a minor for prostitution 19 in the second degree when, being eighteen years old or more, he or she 20 patronizes a person for prostitution and the person patronized is less 21 than fifteen years old and the person guilty of patronizing engages in 22 [sexual intercourse] vaginal sexual contact, oral sexual [conduct] 23 contact, anal sexual [conduct] contact, or aggravated sexual [conduct] 24 contact as those terms are defined in section 130.00 of this part, with 25 the person patronized. 26 § 66. The first undesignated paragraph of section 230.13 of the penal 27 law, as added by chapter 368 of the laws of 2015, is amended to read as 28 follows: 29 A person is guilty of aggravated patronizing a minor for prostitution 30 in the first degree when he or she patronizes a person for prostitution 31 and the person patronized is less than eleven years old, or being eigh- 32 teen years old or more, he or she patronizes a person for prostitution 33 and the person patronized is less than thirteen years old, and the 34 person guilty of patronizing engages in [sexual intercourse] vaginal 35 sexual contact, oral sexual [conduct] contact, anal sexual [conduct] 36 contact, or aggravated sexual [conduct] contact as those terms are 37 defined in section 130.00 of this part, with the person patronized. 38 § 67. Subdivision 4 of section 200 of the domestic relations law, as 39 amended by chapter 264 of the laws of 2003, is amended to read as 40 follows: 41 4. The commission of an act of adultery by the defendant; except where 42 such offense is committed by the procurement or with the connivance of 43 the plaintiff or where there is voluntary cohabitation of the parties 44 with the knowledge of the offense or where action was not commenced 45 within five years after the discovery by the plaintiff of the offense 46 charged or where the plaintiff has also been guilty of adultery under 47 such circumstances that the defendant would have been entitled, if inno- 48 cent, to a divorce, provided that adultery for the purposes of this 49 subdivision is hereby defined as the commission of an act of [sexual50intercourse] vaginal sexual contact, oral sexual [conduct] contact or 51 anal sexual [conduct] contact, voluntarily performed by the defendant, 52 with a person other than the plaintiff after the marriage of plaintiff 53 and defendant. Oral sexual [conduct] contact and anal sexual [conduct] 54 contact include, but are not limited to, sexual conduct as defined in 55 subdivision two of section 130.00 and subdivision [three] four of 56 section 130.20 of the penal law.A. 794--C 28 1 § 68. This act shall take effect January 1, 2021 and shall apply to 2 any offense on or after such effective date; provided, however, that if 3 section 1-a of part JJJ of chapter 59 of the laws of 2019 shall not have 4 taken effect on or before such date then section twenty-six-a of this 5 act shall take effect on the same date and in the same manner as such 6 chapter of the laws of 2019, takes effect. As it pertains to the 7 repealed sections of law, nothing in this act shall affect a requirement 8 to register pursuant to article 6-C of the correction law; a lawfully 9 required disclosure of a conviction; any restriction or prohibition for 10 certain types of employment, housing, or government benefit; or any 11 other ongoing matter related to a conviction of the sections repealed in 12 this act.
