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--D Cal. No. 40 2019-2020 Regular Sessions IN ASSEMBLY January 11, 2019 ___________ Introduced by M. of A. SIMOTAS, COLTON, AUBRY, ENGLEBRIGHT, BRAUNSTEIN, DenDEKKER, JAFFEE, PERRY, COOK, WEPRIN, SANTABARBARA, ROZIC, HEVESI, QUART, LIFTON, OTIS, MOSLEY, FAHY, SEAWRIGHT, TAYLOR, ZEBROWSKI, L. ROSENTHAL, REYES, CRUZ -- Multi-Sponsored by -- M. of A. ARROYO, BUCHWALD, FINCH, FITZPATRICK, GALEF, GLICK, LUPARDO, MALLIOTAKIS, McDONOUGH, MONTESANO, PEOPLES-STOKES, RA -- read once and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee -- reported and referred to the Committee on Rules -- ordered to a third reading, passed by Assem- bly and delivered to the Senate, recalled from the Senate, vote recon- sidered, bill amended, ordered reprinted, retaining its place on the special order of third reading -- ordered to a third reading, amended and ordered reprinted, retaining its place on the order of third read- ing 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 Sections 130.40, 130.45 and 130.50 of the penal law are 2 REPEALED. 3 § 2.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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01481-09-0A. 794--D 2 1 between persons consisting of contact between the penis and the vagina 2 or vulva. 3 2. (a) "Oral sexual [conduct] contact" means conduct between persons 4 consisting of contact between the mouth and the penis, the mouth and the 5 anus, or the mouth and the vulva or vagina. 6 (b) "Anal sexual [conduct] contact" means conduct between persons 7 consisting of contact between the penis and anus. 8 § 3. Section 130.25 of the penal law, as amended by chapter 1 of the 9 laws of 2000, is amended to read as follows: 10 § 130.25 Rape in the third degree. 11 A person is guilty of rape in the third degree when: 12 1. He or she engages in [sexual intercourse] vaginal sexual contact 13 with another person who is incapable of consent by reason of some factor 14 other than being less than seventeen years old; 15 2. He or she engages in oral sexual contact with another person who is 16 incapable of consent by reason of some factor other than being less than 17 seventeen years old; 18 3. He or she engages in anal sexual contact with another person who is 19 incapable of consent by reason of some other factor other than being 20 less than seventeen years old; 21 4. Being twenty-one years old or more, he or she engages in [sexual22intercourse] vaginal sexual contact with another person less than seven- 23 teen years old; [or243.] 5. Being twenty-one years old or more, he or she engages in oral 25 sexual contact with another person less than seventeen years old; 26 6. Being twenty-one years old or more, he or she engages in anal sexu- 27 al contact with another person less than seventeen years old; 28 7. He or she engages in [sexual intercourse] vaginal sexual contact 29 with another person without such person's consent where such lack of 30 consent is by reason of some factor other than incapacity to consent[.]; 31 8. He or she engages in oral sexual contact with another person with- 32 out such person's consent where such lack of consent is by reason of 33 some factor other than incapacity to consent; or 34 9. He or she engages in anal sexual contact with another person with- 35 out such person's consent where such lack of consent is by reason of 36 some factor other than the incapacity to consent. 37 Rape in the third degree is a class E felony. 38 § 4. Section 130.30 of the penal law, as amended by chapter 1 of the 39 laws of 2000, is amended to read as follows: 40 § 130.30 Rape in the second degree. 41 A person is guilty of rape in the second degree when: 42 1. being eighteen years old or more, he or she engages in [sexual43intercourse] vaginal sexual contact with another person less than 44 fifteen years old; [or] 45 2. being eighteen years old or more, he or she engages in oral sexual 46 contact with another person less than fifteen years old; 47 3. being eighteen years old or more, he or she engages in anal sexual 48 contact with another person less than fifteen years old; 49 4. he or she engages in [sexual intercourse] vaginal sexual contact 50 with another person who is incapable of consent by reason of being 51 mentally disabled or mentally incapacitated[.]; 52 5. he or she engages in oral sexual contact with another person who is 53 incapable of consent by reason of being mentally disabled or mentally 54 incapacitated; orA. 794--D 3 1 6. he or she engages in anal sexual contact with another person who is 2 incapable of consent by reason of being mentally disabled or mentally 3 incapacitated. 4 It shall be an affirmative defense to the crime of rape in the second 5 degree as defined in [subdivision] subdivisions one, two and three of 6 this section that the defendant was less than four years older than the 7 victim at the time of the act. 8 Rape in the second degree is a class D felony. 9 § 5. Section 130.35 of the penal law, as amended by chapter 1 of the 10 laws of 2000, is amended to read as follows: 11 § 130.35 Rape in the first degree. 12 A person is guilty of rape in the first degree when: 13 1. he or she engages in [sexual intercourse] vaginal sexual contact 14 with another person: 15 [1.] (a) By forcible compulsion; or 16 [2.] (b) Who is incapable of consent by reason of being physically 17 helpless; or 18 [3.] (c) Who is less than eleven years old; or 19 [4.] (d) Who is less than thirteen years old and the actor is eighteen 20 years old or more[.]; 21 2. he or she engages in oral sexual contact with another person: 22 (a) By forcible compulsion; or 23 (b) Who is incapable of consent by reason of being physically help- 24 less; or 25 (c) Who is less than eleven years old; or 26 (d) Who is less than thirteen years old and the actor is eighteen 27 years old or more; or 28 3. he or she engages in anal sexual contact with another person: 29 (a) By forcible compulsion; or 30 (b) Who is incapable of consent by reason of being physically help- 31 less; or 32 (c) Who is less than eleven years old; or 33 (d) Who is less than thirteen years old and the actor is eighteen 34 years old or more. 35 Rape in the first degree is a class B felony. 36 § 6. Paragraph 2 of subdivision 18 of section 10.00 of the penal law, 37 as amended by chapter 7 of the laws of 2007, is amended to read as 38 follows: 39 (2) a person fourteen or fifteen years old who is criminally responsi- 40 ble for acts constituting the crimes defined in subdivisions one and two 41 of section 125.25 (murder in the second degree) and in subdivision three 42 of such section provided that the underlying crime for the murder charge 43 is one for which such person is criminally responsible; section 135.25 44 (kidnapping in the first degree); 150.20 (arson in the first degree); 45 subdivisions one and two of section 120.10 (assault in the first 46 degree); 125.20 (manslaughter in the first degree); [subdivisions one47and] paragraphs (a) and (b) of subdivision one, paragraphs (a) and (b) 48 of subdivision two, and paragraphs (a) and (b) of subdivision three of 49 section 130.35 (rape in the first degree); [subdivisions one and two of50section 130.50 (criminal sexual act in the first degree);] 130.70 51 (aggravated sexual abuse in the first degree); 140.30 (burglary in the 52 first degree); subdivision one of section 140.25 (burglary in the second 53 degree); 150.15 (arson in the second degree); 160.15 (robbery in the 54 first degree); subdivision two of section 160.10 (robbery in the second 55 degree) of this chapter; or section 265.03 of this chapter, where such 56 machine gun or such firearm is possessed on school grounds, as thatA. 794--D 4 1 phrase is defined in subdivision fourteen of section 220.00 of this 2 chapter; or defined in this chapter as an attempt to commit murder in 3 the second degree or kidnapping in the first degree, or such conduct as 4 a sexually motivated felony, where authorized pursuant to section 130.91 5 of [the penal law] this chapter. 6 § 7. Subdivision 2 of section 30.00 of the penal law, as amended by 7 section 38 of part WWW of chapter 59 of the laws of 2017, is amended to 8 read as follows: 9 2. A person thirteen, fourteen or, fifteen years of age is criminally 10 responsible for acts constituting murder in the second degree as defined 11 in subdivisions one and two of section 125.25 and in subdivision three 12 of such section provided that the underlying crime for the murder charge 13 is one for which such person is criminally responsible or for such 14 conduct as a sexually motivated felony, where authorized pursuant to 15 section 130.91 of this chapter; and a person fourteen or, fifteen years 16 of age is criminally responsible for acts constituting the crimes 17 defined in section 135.25 (kidnapping in the first degree); 150.20 18 (arson in the first degree); subdivisions one and two of section 120.10 19 (assault in the first degree); 125.20 (manslaughter in the first 20 degree); [subdivisions one and] paragraphs (a) and (b) of subdivision 21 one, paragraphs (a) and (b) of subdivision two and paragraphs (a) and 22 (b) of subdivision three of section 130.35 (rape in the first degree); 23 subdivisions one and two of section 130.50 (criminal sexual act in the 24 first degree); 130.70 (aggravated sexual abuse in the first degree); 25 140.30 (burglary in the first degree); subdivision one of section 140.25 26 (burglary in the second degree); 150.15 (arson in the second degree); 27 160.15 (robbery in the first degree); subdivision two of section 160.10 28 (robbery in the second degree) of this chapter; or section 265.03 of 29 this chapter, where such machine gun or such firearm is possessed on 30 school grounds, as that phrase is defined in subdivision fourteen of 31 section 220.00 of this chapter; or defined in this chapter as an attempt 32 to commit murder in the second degree or kidnapping in the first degree, 33 or for such conduct as a sexually motivated felony, where authorized 34 pursuant to section 130.91 of this chapter. 35 § 8. Paragraph (b) of subdivision 2 of section 35.15 of the penal law, 36 as amended by chapter 511 of the laws of 2004, is amended to read as 37 follows: 38 (b) He or she reasonably believes that such other person is committing 39 or attempting to commit a kidnapping, forcible rape, [forcible criminal40sexual act] forcible aggravated sexual abuse, or robbery; or 41 § 9. Paragraph (c) of subdivision 1 of section 70.02 of the penal 42 law, as amended by chapter 134 of the laws of 2019, is amended to read 43 as follows: 44 (c) Class D violent felony offenses: an attempt to commit any of the 45 class C felonies set forth in paragraph (b); reckless assault of a child 46 as defined in section 120.02, assault in the second degree as defined in 47 section 120.05, menacing a police officer or peace officer as defined in 48 section 120.18, stalking in the first degree, as defined in subdivision 49 one of section 120.60, strangulation in the second degree as defined in 50 section 121.12, rape in the second degree as defined in section 130.30, 51 [criminal sexual act in the second degree as defined in section 130.45,] 52 sexual abuse in the first degree as defined in section 130.65, course of 53 sexual conduct against a child in the second degree as defined in 54 section 130.80, aggravated sexual abuse in the third degree as defined 55 in section 130.66, facilitating a sex offense with a controlled 56 substance as defined in section 130.90, labor trafficking as defined inA. 794--D 5 1 paragraphs (a) and (b) of subdivision three of section 135.35, criminal 2 possession of a weapon in the third degree as defined in subdivision 3 five, six, seven, eight, nine or ten of section 265.02, criminal sale of 4 a firearm in the third degree as defined in section 265.11, intimidating 5 a victim or witness in the second degree as defined in section 215.16, 6 soliciting or providing support for an act of terrorism in the second 7 degree as defined in section 490.10, and making a terroristic threat as 8 defined in section 490.20, falsely reporting an incident in the first 9 degree as defined in section 240.60, placing a false bomb or hazardous 10 substance in the first degree as defined in section 240.62, placing a 11 false bomb or hazardous substance in a sports stadium or arena, mass 12 transportation facility or enclosed shopping mall as defined in section 13 240.63, aggravated unpermitted use of indoor pyrotechnics in the first 14 degree as defined in section 405.18, and criminal manufacture, sale, or 15 transport of an undetectable firearm, rifle or shotgun as defined in 16 section 265.50. 17 § 10. Paragraph b of subdivision 5 of section 120.40 of the penal law, 18 as amended by chapter 320 of the laws of 2006, is amended to read as 19 follows: 20 b. a crime defined in section 130.20, 130.25, 130.30, [130.40,21130.45,] 130.55, 130.60, 130.70, 255.25, 255.26 or 255.27; 22 § 11. Paragraph (d) of subdivision 2 and paragraph (h) of subdivision 23 3 of section 130.05 of the penal law, paragraph (d) of subdivision 2 as 24 amended by chapter 40 of the laws of 2004 and paragraph (h) of subdivi- 25 sion 3 as amended by section 2 of part G of chapter 501 of the laws of 26 2012, are amended to read as follows: 27 (d) Where the offense charged is rape in the third degree as defined 28 in [subdivision three] subdivision seven, eight or nine of section 29 130.25, [or criminal sexual act in the third degree as defined in subdi-30vision three of section 130.40,] in addition to forcible vaginal sexual 31 contact compulsion, circumstances under which, at the time of the act of 32 intercourse, oral sexual [conduct] contact or anal sexual [conduct] 33 contact, the victim clearly expressed that he or she did not consent to 34 engage in such act, and a reasonable person in the actor's situation 35 would have understood such person's words and acts as an expression of 36 lack of consent to such act under all the circumstances. 37 (h) a client or patient and the actor is a health care provider or 38 mental health care provider charged with rape in the third degree as 39 defined in section 130.25, [criminal sexual act in the third degree as40defined in section 130.40,] aggravated sexual abuse in the fourth degree 41 as defined in section 130.65-a, or sexual abuse in the third degree as 42 defined in section 130.55, and the act of sexual conduct occurs during a 43 treatment session, consultation, interview, or examination; or 44 § 12. The opening paragraph of subdivision 3 of section 125.25 of the 45 penal law, as amended by chapter 264 of the laws of 2003, is amended to 46 read as follows: 47 Acting either alone or with one or more other persons, he commits or 48 attempts to commit robbery, burglary, kidnapping, arson, rape in the 49 first degree, [criminal sexual act in the first degree,] sexual abuse in 50 the first degree, aggravated sexual abuse, escape in the first degree, 51 or escape in the second degree, and, in the course of and in furtherance 52 of such crime or of immediate flight therefrom, he, or another partic- 53 ipant, if there be any, causes the death of a person other than one of 54 the participants; except that in any prosecution under this subdivision, 55 in which the defendant was not the only participant in the underlying 56 crime, it is an affirmative defense that the defendant:A. 794--D 6 1 § 13. Subdivision 5 of section 125.25 of the penal law, as amended by 2 chapter 320 of the laws of 2006, is amended to read as follows: 3 5. Being eighteen years old or more, while in the course of committing 4 rape in the first, second or third degree, [criminal sexual act in the5first, second or third degree,] sexual abuse in the first degree, aggra- 6 vated sexual abuse in the first, second, third or fourth degree, or 7 incest in the first, second or third degree, against a person less than 8 fourteen years old, he or she intentionally causes the death of such 9 person. 10 § 14. Subparagraph (vii) of paragraph (a) of subdivision 1 of section 11 125.27 of the penal law, as amended by chapter 264 of the laws of 2003, 12 is amended to read as follows: 13 (vii) the victim was killed while the defendant was in the course of 14 committing or attempting to commit and in furtherance of robbery, 15 burglary in the first degree or second degree, kidnapping in the first 16 degree, arson in the first degree or second degree, rape in the first 17 degree, [criminal sexual act in the first degree,] sexual abuse in the 18 first degree, aggravated sexual abuse in the first degree or escape in 19 the first degree, or in the course of and furtherance of immediate 20 flight after committing or attempting to commit any such crime or in the 21 course of and furtherance of immediate flight after attempting to commit 22 the crime of murder in the second degree; provided however, the victim 23 is not a participant in one of the aforementioned crimes and, provided 24 further that, unless the defendant's criminal liability under this 25 subparagraph is based upon the defendant having commanded another person 26 to cause the death of the victim or intended victim pursuant to section 27 20.00 of this chapter, this subparagraph shall not apply where the 28 defendant's criminal liability is based upon the conduct of another 29 pursuant to section 20.00 of this chapter; or 30 § 15. Subdivision 3 of section 130.10 of the penal law, as amended by 31 chapter 264 of the laws of 2003, is amended to read as follows: 32 3. In any prosecution for the crime of rape in the third degree as 33 defined in section 130.25, [criminal sexual act in the third degree as34defined in section 130.40,] aggravated sexual abuse in the fourth degree 35 as defined in section 130.65-a, or sexual abuse in the third degree as 36 defined in section 130.55 in which incapacity to consent is based on the 37 circumstances set forth in paragraph (h) of subdivision three of section 38 130.05 of this article it shall be an affirmative defense that the 39 client or patient consented to such conduct charged after having been 40 expressly advised by the health care or mental health care provider that 41 such conduct was not performed for a valid medical purpose. 42 § 16. The opening paragraph and subdivision 2 of section 130.95 of the 43 penal law, as added by chapter 107 of the laws of 2006, are amended to 44 read as follows: 45 A person is guilty of predatory sexual assault when he or she commits 46 the crime of rape in the first degree, [criminal sexual act in the first47degree,] aggravated sexual abuse in the first degree, or course of sexu- 48 al conduct against a child in the first degree, as defined in this arti- 49 cle, and when: 50 2. He or she has engaged in conduct constituting the crime of rape in 51 the first degree, [criminal sexual act in the first degree,] aggravated 52 sexual abuse in the first degree, or course of sexual conduct against a 53 child in the first degree, as defined in this article, against one or 54 more additional persons; or 55 § 17. The opening paragraph of section 130.96 of the penal law, as 56 added by chapter 107 of the laws of 2006, is amended to read as follows:A. 794--D 7 1 A person is guilty of predatory sexual assault against a child when, 2 being eighteen years old or more, he or she commits the crime of rape in 3 the first degree, [criminal sexual act in the first degree,] aggravated 4 sexual abuse in the first degree, or course of sexual conduct against a 5 child in the first degree, as defined in this article, and the victim is 6 less than thirteen years old. 7 § 18. Subdivision 2 of section 240.75 of the penal law, as amended by 8 section 8 of part NN of chapter 55 of the laws of 2018, is amended to 9 read as follows: 10 2. A "specified offense" is an offense defined in section 120.00 11 (assault in the third degree); section 120.05 (assault in the second 12 degree); section 120.10 (assault in the first degree); section 120.13 13 (menacing in the first degree); section 120.14 (menacing in the second 14 degree); section 120.15 (menacing in the third degree); section 120.20 15 (reckless endangerment in the second degree); section 120.25 (reckless 16 endangerment in the first degree); section 120.45 (stalking in the 17 fourth degree); section 120.50 (stalking in the third degree); section 18 120.55 (stalking in the second degree); section 120.60 (stalking in the 19 first degree); section 121.11 (criminal obstruction of breathing or 20 blood circulation); section 121.12 (strangulation in the second degree); 21 section 121.13 (strangulation in the first degree); subdivision one of 22 section 125.15 (manslaughter in the second degree); subdivision one, two 23 or four of section 125.20 (manslaughter in the first degree); section 24 125.25 (murder in the second degree); section 130.20 (sexual miscon- 25 duct); section 130.25 (rape in the third degree); section 130.30 (rape 26 in the second degree); section 130.35 (rape in the first degree); 27 section 130.40 (criminal sexual act in the third degree); section 130.45 28 (criminal sexual act in the second degree); section 130.50 (criminal 29 sexual act in the first degree); section 130.52 (forcible touching); 30 section 130.53 (persistent sexual abuse); section 130.55 (sexual abuse 31 in the third degree); section 130.60 (sexual abuse in the second 32 degree); section 130.65 (sexual abuse in the first degree); section 33 130.66 (aggravated sexual abuse in the third degree); section 130.67 34 (aggravated sexual abuse in the second degree); section 130.70 (aggra- 35 vated sexual abuse in the first degree); section 130.91 (sexually moti- 36 vated felony); section 130.95 (predatory sexual assault); section 130.96 37 (predatory sexual assault against a child); section 135.05 (unlawful 38 imprisonment in the second degree); section 135.10 (unlawful imprison- 39 ment in the first degree); section 135.60 (coercion in the third 40 degree); section 135.61 (coercion in the second degree); section 135.65 41 (coercion in the first degree); section 140.20 (burglary in the third 42 degree); section 140.25 (burglary in the second degree); section 140.30 43 (burglary in the first degree); section 145.00 (criminal mischief in the 44 fourth degree); section 145.05 (criminal mischief in the third degree); 45 section 145.10 (criminal mischief in the second degree); section 145.12 46 (criminal mischief in the first degree); section 145.14 (criminal 47 tampering in the third degree); section 215.50 (criminal contempt in the 48 second degree); section 215.51 (criminal contempt in the first degree); 49 section 215.52 (aggravated criminal contempt); section 240.25 (harass- 50 ment in the first degree); subdivision one, two or four of section 51 240.30 (aggravated harassment in the second degree); aggravated family 52 offense as defined in this section or any attempt or conspiracy to 53 commit any of the foregoing offenses where the defendant and the person 54 against whom the offense was committed were members of the same family 55 or household as defined in subdivision one of section 530.11 of the 56 criminal procedure law.A. 794--D 8 1 § 19. Section 255.26 of the penal law, as added by chapter 320 of the 2 laws of 2006, is amended to read as follows: 3 § 255.26 Incest in the second degree. 4 A person is guilty of incest in the second degree when he or she 5 commits the crime of rape in the second degree, as defined in section 6 130.30 of this part, [or criminal sexual act in the second degree, as7defined in section 130.45 of this part,] against a person whom he or she 8 knows to be related to him or her, whether through marriage or not, as 9 an ancestor, descendant, brother or sister of either the whole or the 10 half blood, uncle, aunt, nephew or niece. 11 Incest in the second degree is a class D felony. 12 § 20. Section 255.27 of the penal law, as added by chapter 320 of the 13 laws of 2006, is amended to read as follows: 14 § 255.27 Incest in the first degree. 15 A person is guilty of incest in the first degree when he or she 16 commits the crime of rape in the first degree, as defined in paragraph 17 (c) or (d) of subdivision [three or four] one, paragraph (c) or (d) of 18 subdivision two or paragraph (c) or (d) of subdivision three of section 19 130.35 of this part[, or criminal sexual act in the first degree, as20defined in subdivision three or four of section 130.50 of this part,] 21 against a person whom he or she knows to be related to him or her, 22 whether through marriage or not, as an ancestor, descendant, brother or 23 sister of either the whole or half blood, uncle, aunt, nephew or niece. 24 Incest in the first degree is a class B felony. 25 § 21. Subdivision 3 of section 485.05 of the penal law, as amended by 26 section 9 of part NN of chapter 55 of the laws of 2018, is amended to 27 read as follows: 28 3. A "specified offense" is an offense defined by any of the following 29 provisions of this chapter: section 120.00 (assault in the third 30 degree); section 120.05 (assault in the second degree); section 120.10 31 (assault in the first degree); section 120.12 (aggravated assault upon a 32 person less than eleven years old); section 120.13 (menacing in the 33 first degree); section 120.14 (menacing in the second degree); section 34 120.15 (menacing in the third degree); section 120.20 (reckless endan- 35 germent in the second degree); section 120.25 (reckless endangerment in 36 the first degree); section 121.12 (strangulation in the second degree); 37 section 121.13 (strangulation in the first degree); subdivision one of 38 section 125.15 (manslaughter in the second degree); subdivision one, two 39 or four of section 125.20 (manslaughter in the first degree); section 40 125.25 (murder in the second degree); section 120.45 (stalking in the 41 fourth degree); section 120.50 (stalking in the third degree); section 42 120.55 (stalking in the second degree); section 120.60 (stalking in the 43 first degree); paragraph (a) of subdivision one, paragraph (a) of subdi- 44 vision two and paragraph (a) of subdivision three of section 130.35 45 (rape in the first degree); subdivision one of section 130.50 (criminal 46 sexual act in the first degree); subdivision one of section 130.65 47 (sexual abuse in the first degree); paragraph (a) of subdivision one of 48 section 130.67 (aggravated sexual abuse in the second degree); paragraph 49 (a) of subdivision one of section 130.70 (aggravated sexual abuse in the 50 first degree); section 135.05 (unlawful imprisonment in the second 51 degree); section 135.10 (unlawful imprisonment in the first degree); 52 section 135.20 (kidnapping in the second degree); section 135.25 53 (kidnapping in the first degree); section 135.60 (coercion in the third 54 degree); section 135.61 (coercion in the second degree); section 135.65 55 (coercion in the first degree); section 140.10 (criminal trespass in the 56 third degree); section 140.15 (criminal trespass in the second degree);A. 794--D 9 1 section 140.17 (criminal trespass in the first degree); section 140.20 2 (burglary in the third degree); section 140.25 (burglary in the second 3 degree); section 140.30 (burglary in the first degree); section 145.00 4 (criminal mischief in the fourth degree); section 145.05 (criminal 5 mischief in the third degree); section 145.10 (criminal mischief in the 6 second degree); section 145.12 (criminal mischief in the first degree); 7 section 150.05 (arson in the fourth degree); section 150.10 (arson in 8 the third degree); section 150.15 (arson in the second degree); section 9 150.20 (arson in the first degree); section 155.25 (petit larceny); 10 section 155.30 (grand larceny in the fourth degree); section 155.35 11 (grand larceny in the third degree); section 155.40 (grand larceny in 12 the second degree); section 155.42 (grand larceny in the first degree); 13 section 160.05 (robbery in the third degree); section 160.10 (robbery in 14 the second degree); section 160.15 (robbery in the first degree); 15 section 240.25 (harassment in the first degree); subdivision one, two or 16 four of section 240.30 (aggravated harassment in the second degree); or 17 any attempt or conspiracy to commit any of the foregoing offenses. 18 § 22. Subdivision 42 of section 1.20 of the criminal procedure law, as 19 amended by chapter 7 of the laws of 2007, is amended to read as follows: 20 42. "Juvenile offender" means (1) a person, thirteen years old who is 21 criminally responsible for acts constituting murder in the second degree 22 as defined in subdivisions one and two of section 125.25 of the penal 23 law, or such conduct as a sexually motivated felony, where authorized 24 pursuant to section 130.91 of the penal law; and (2) a person fourteen 25 or fifteen years old who is criminally responsible for acts constituting 26 the crimes defined in subdivisions one and two of section 125.25 (murder 27 in the second degree) and in subdivision three of such section provided 28 that the underlying crime for the murder charge is one for which such 29 person is criminally responsible; section 135.25 (kidnapping in the 30 first degree); 150.20 (arson in the first degree); subdivisions one and 31 two of section 120.10 (assault in the first degree); 125.20 (manslaught- 32 er in the first degree); [subdivisions one and] paragraphs (a) and (b) 33 of subdivision one, paragraphs (a) and (b) of subdivision two and para- 34 graphs (a) and (b) of subdivision three of section 130.35 (rape in the 35 first degree); [subdivisions one and two of section 130.50 (criminal36sexual act in the first degree);] 130.70 (aggravated sexual abuse in the 37 first degree); 140.30 (burglary in the first degree); subdivision one of 38 section 140.25 (burglary in the second degree); 150.15 (arson in the 39 second degree); 160.15 (robbery in the first degree); subdivision two of 40 section 160.10 (robbery in the second degree) of the penal law; or 41 section 265.03 of the penal law, where such machine gun or such firearm 42 is possessed on school grounds, as that phrase is defined in subdivision 43 fourteen of section 220.00 of the penal law; or defined in the penal law 44 as an attempt to commit murder in the second degree or kidnapping in the 45 first degree, or such conduct as a sexually motivated felony, where 46 authorized pursuant to section 130.91 of the penal law. 47 § 23. Paragraphs (a) and (b) of subdivision 1, the opening paragraph 48 of subdivision 2 and paragraph (a) of subdivision 3 of section 140.20 of 49 the criminal procedure law, paragraphs (a) and (b) of subdivision 1 as 50 amended by chapter 324 of the laws of 1988, the opening paragraph of 51 subdivision 2 and paragraph (a) of subdivision 3 as amended by chapter 52 550 of the laws of 1987, are amended to read as follows: 53 (a) If the arrest is for an offense other than a class A, B, C or D 54 felony or a violation of section 130.25, [130.40,] 205.10, 205.17, 55 205.19 or 215.56 of the penal law committed in a town, but not in a 56 village thereof having a village court, and the town court of such townA. 794--D 10 1 is not available at the time, the arrested person may be brought before 2 the local criminal court of any village within such town or, any adjoin- 3 ing town, village embraced in whole or in part by such adjoining town, 4 or city of the same county; and 5 (b) If the arrest is for an offense other than a class A, B, C or D 6 felony or a violation of section 130.25, [130.40,] 205.10, 205.17, 7 205.19 or 215.56 of the penal law committed in a village having a 8 village court and such court is not available at the time, the arrested 9 person may be brought before the town court of the town embracing such 10 village or any other village court within such town, or, if such town or 11 village court is not available either, before the local criminal court 12 of any adjoining town, village embraced in whole or in part by such 13 adjoining town, or city of the same county; and 14 If the arrest is for an offense other than a class A, B, C or D felony 15 or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or 16 215.56 of the penal law, the arrested person need not be brought before 17 a local criminal court as provided in subdivision one, and the procedure 18 may instead be as follows: 19 (a) the arrest is for an offense other than a class A, B, C or D felo- 20 ny or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or 21 215.56 of the penal law, and 22 § 24. Paragraph (a) of subdivision 3 and the opening paragraph of 23 subdivision 4 of section 140.27 of the criminal procedure law, as 24 amended by chapter 550 of the laws of 1987, are amended to read as 25 follows: 26 (a) the arrest is for an offense other than a class A, B, C or D felo- 27 ny or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or 28 215.56 of the penal law and 29 If the arrest is for an offense other than a class A, B, C or D felony 30 or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or 31 215.56 of the penal law, the arrested person need not be brought before 32 a local criminal court as provided in subdivision two, and the procedure 33 may instead be as follows: 34 § 25. Paragraph (a) of subdivision 2 and the opening paragraph of 35 subdivision 3 of section 140.40 of the criminal procedure law, as 36 amended by chapter 550 of the laws of 1987, are amended to read as 37 follows: 38 (a) the arrest is for an offense other than a class A, B, C or D felo- 39 ny or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or 40 215.56 of the penal law and 41 If the arrest is for an offense other than a class A, B, C or D felony 42 or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or 43 215.56 of the penal law, the arrested person need not be brought before 44 a local criminal court, as provided in subdivision one, and the proce- 45 dure may instead be as follows: 46 § 26. Paragraph (a) of subdivision 1 of section 150.20 of the criminal 47 procedure law, as amended by section 1-a of part JJJ of chapter 59 of 48 the laws of 2019, is amended to read as follows: 49 (a) Whenever a police officer is authorized pursuant to section 140.10 50 of this title to arrest a person without a warrant for an offense other 51 than a class A, B, C or D felony or a violation of section 130.25, 52 [130.40,] 205.10, 205.17, 205.19 or 215.56 of the penal law, he shall, 53 except as set out in paragraph (b) of this subdivision, subject to the 54 provisions of subdivisions three and four of section 150.40 of this 55 title, instead issue to and serve upon such person an appearance ticket.A. 794--D 11 1 § 27. Subdivision (a) of section 190.71 of the criminal procedure law, 2 as amended by chapter 7 of the laws of 2007, is amended to read as 3 follows: 4 (a) Except as provided in subdivision six of section 200.20 of this 5 chapter, a grand jury may not indict (i) a person thirteen years of age 6 for any conduct or crime other than conduct constituting a crime defined 7 in subdivisions one and two of section 125.25 (murder in the second 8 degree) or such conduct as a sexually motivated felony, where authorized 9 pursuant to section 130.91 of the penal law; (ii) a person fourteen or 10 fifteen years of age for any conduct or crime other than conduct consti- 11 tuting a crime defined in subdivisions one and two of section 125.25 12 (murder in the second degree) and in subdivision three of such section 13 provided that the underlying crime for the murder charge is one for 14 which such person is criminally responsible; 135.25 (kidnapping in the 15 first degree); 150.20 (arson in the first degree); subdivisions one and 16 two of section 120.10 (assault in the first degree); 125.20 (manslaught- 17 er in the first degree); [subdivisions one and] paragraphs (a) and (b) 18 of subdivision one, paragraphs (a) and (b) of subdivision two and para- 19 graphs (a) and (b) of subdivision three of section 130.35 (rape in the 20 first degree); [subdivisions one and two of section 130.50 (criminal21sexual act in the first degree);] 130.70 (aggravated sexual abuse in the 22 first degree); 140.30 (burglary in the first degree); subdivision one of 23 section 140.25 (burglary in the second degree); 150.15 (arson in the 24 second degree); 160.15 (robbery in the first degree); subdivision two of 25 section 160.10 (robbery in the second degree) of the penal law; [subdi-26vision four of section 265.02 of the penal law, where such firearm is27possessed on school grounds, as that phrase is defined in subdivision28fourteen of section 220.00 of the penal law;] or section 265.03 of the 29 penal law, where such machine gun or such firearm is possessed on school 30 grounds, as that phrase is defined in subdivision fourteen of section 31 220.00 of the penal law; or defined in the penal law as an attempt to 32 commit murder in the second degree or kidnapping in the first degree, or 33 such conduct as a sexually motivated felony, where authorized pursuant 34 to section 130.91 of the penal law. 35 § 28. Subdivision 4 of section 722.20 of the criminal procedure law, 36 as added by section 1-a of part WWW of chapter 59 of the laws of 2017, 37 is amended to read as follows: 38 4. Notwithstanding the provisions of subdivisions two and three of 39 this section, the court shall, at the request of the district attorney, 40 order removal of an action against a juvenile offender to the family 41 court pursuant to the provisions of article seven hundred twenty-five of 42 this title if, upon consideration of the criteria specified in subdivi- 43 sion two of section 722.22 of this article, it is determined that to do 44 so would be in the interests of justice. Where, however, the felony 45 complaint charges the juvenile offender with murder in the second degree 46 as defined in section 125.25 of the penal law, rape in the first degree 47 as defined in paragraph (a) of subdivision one, paragraph (a) of subdi- 48 vision two and paragraph (a) of subdivision three of section 130.35 of 49 the penal law, [criminal sexual act in the first degree as defined in50subdivision one of section 130.50 of the penal law,] or an armed felony 51 as defined in paragraph (a) of subdivision forty-one of section 1.20 of 52 this chapter, a determination that such action be removed to the family 53 court shall, in addition, be based upon a finding of one or more of the 54 following factors: (i) mitigating circumstances that bear directly upon 55 the manner in which the crime was committed; or (ii) where the defendant 56 was not the sole participant in the crime, the defendant's participationA. 794--D 12 1 was relatively minor although not so minor as to constitute a defense to 2 the prosecution; or (iii) possible deficiencies in proof of the crime. 3 § 29. Subdivision 5 of section 722.21 of the criminal procedure law, 4 as added by section 1-a of part WWW of chapter 59 of the laws of 2017, 5 is amended to read as follows: 6 5. Notwithstanding subdivisions two and three of this section, at the 7 request of the district attorney, the court shall order removal of an 8 action against an adolescent offender charged with an offense listed in 9 paragraph (a) of subdivision two of section 722.23 of this article, to 10 the family court pursuant to the provisions of article seven hundred 11 twenty-five of this title and upon consideration of the criteria speci- 12 fied in subdivision two of section 722.22 of this article, it is deter- 13 mined that to do so would be in the interests of justice. Where, howev- 14 er, the felony complaint charges the adolescent offender with murder in 15 the second degree as defined in section 125.25 of the penal law, rape in 16 the first degree as defined in paragraph (a) of subdivision one, para- 17 graph (a) of subdivision two and paragraph (a) of subdivision three of 18 section 130.35 of the penal law, [criminal sexual act in the first19degree as defined in subdivision one of section 130.50 of the penal20law,] or an armed felony as defined in paragraph (a) of subdivision 21 forty-one of section 1.20 of this chapter, a determination that such 22 action be removed to the family court shall, in addition, be based upon 23 a finding of one or more of the following factors: (i) mitigating 24 circumstances that bear directly upon the manner in which the crime was 25 committed; or (ii) where the defendant was not the sole participant in 26 the crime, the defendant's participation was relatively minor although 27 not so minor as to constitute a defense to the prosecution; or (iii) 28 possible deficiencies in proof of the crime. 29 § 30. Paragraph (b) of subdivision 1 of section 722.22 of the criminal 30 procedure law, as added by section 1-a of part WWW of chapter 59 of the 31 laws of 2017, is amended to read as follows: 32 (b) with the consent of the district attorney, order removal of an 33 action involving an indictment charging a juvenile offender with murder 34 in the second degree as defined in section 125.25 of the penal law; rape 35 in the first degree, as defined in paragraph (a) of subdivision one, 36 paragraph (a) of subdivision two and paragraph (a) of subdivision three 37 of section 130.35 of the penal law[; criminal sexual act in the first38degree, as defined in subdivision one of section 130.50 of the penal39law]; or an armed felony as defined in paragraph (a) of subdivision 40 forty-one of section 1.20 of this chapter, to the family court pursuant 41 to the provisions of article seven hundred twenty-five of this title if 42 the court finds one or more of the following factors: (i) mitigating 43 circumstances that bear directly upon the manner in which the crime was 44 committed; (ii) where the defendant was not the sole participant in the 45 crime, the defendant's participation was relatively minor although not 46 so minor as to constitute a defense to the prosecution; or (iii) possi- 47 ble deficiencies in the proof of the crime, and, after consideration of 48 the factors set forth in subdivision two of this section, the court 49 determined that removal of the action to the family court would be in 50 the interests of justice. 51 § 31. Subparagraph (iii) of paragraph (g) of subdivision 5 of section 52 220.10 of the criminal procedure law, as amended by chapter 264 of the 53 laws of 2003, is amended to read as follows: 54 (iii) Where the indictment does not charge a crime specified in 55 subparagraph (i) of this paragraph, the district attorney may recommend 56 removal of the action to the family court. Upon making such recommenda-A. 794--D 13 1 tion the district attorney shall submit a subscribed memorandum setting 2 forth: (1) a recommendation that the interests of justice would best be 3 served by removal of the action to the family court; and (2) if the 4 indictment charges a thirteen year old with the crime of murder in the 5 second degree, or a fourteen or fifteen year old with the crimes of rape 6 in the first degree as defined in paragraph (a) of subdivision one, 7 paragraph (a) of subdivision two and paragraph (a) of subdivision three 8 of section 130.35 of the penal law, [or criminal sexual act in the first9degree as defined in subdivision one of section 130.50 of the penal10law,] or an armed felony as defined in paragraph (a) of subdivision 11 forty-one of section 1.20 of this chapter specific factors, one or more 12 of which reasonably supports the recommendation, showing, (i) mitigating 13 circumstances that bear directly upon the manner in which the crime was 14 committed, or (ii) where the defendant was not the sole participant in 15 the crime, that the defendant's participation was relatively minor 16 although not so minor as to constitute a defense to the prosecution, or 17 (iii) possible deficiencies in proof of the crime, or (iv) where the 18 juvenile offender has no previous adjudications of having committed a 19 designated felony act, as defined in subdivision eight of section 301.2 20 of the family court act, regardless of the age of the offender at the 21 time of commission of the act, that the criminal act was not part of a 22 pattern of criminal behavior and, in view of the history of the offen- 23 der, is not likely to be repeated. 24 § 32. Subdivision 6 of section 300.50 of the criminal procedure law, 25 as amended by chapter 264 of the laws of 2003, is amended to read as 26 follows: 27 6. For purposes of this section, the offenses of rape in the third 28 degree as defined in [subdivision three] subdivisions seven, eight and 29 nine of section 130.25 of the penal law [and criminal sexual act in the30third degree as defined in subdivision three of section 130.40 of the31penal law], are not lesser included offenses of rape in the first 32 degree[, criminal sexual act in the first degree] or any other offense. 33 Notwithstanding the foregoing, [either] any such offense may be submit- 34 ted as a lesser included offense of the applicable first degree offense 35 when (i) there is a reasonable view of the evidence which would support 36 a finding that the defendant committed such lesser offense but did not 37 commit the greater offense, and (ii) both parties consent to its 38 submission. 39 § 32-a. Subdivision 6 of section 380.50 of the criminal procedure law, 40 as separately amended by chapters 368 and 394 of the laws of 2015, is 41 amended to read as follows: 42 6. Regardless of whether the victim requests to make a statement with 43 regard to the defendant's sentence, where the defendant is sentenced for 44 a violent felony offense as defined in section 70.02 of the penal law or 45 a felony defined in article one hundred twenty-five of such law or any 46 of the following provisions of such law sections 130.25, 130.30, 47 [130.40, 130.45,] 255.25, 255.26, 255.27, article two hundred sixty- 48 three, 135.10, 135.25, 230.05, 230.06, 230.11, 230.12, 230.13, subdivi- 49 sion two of section 230.30 or 230.32, the prosecutor shall, within sixty 50 days of the imposition of sentence, provide the victim with a form, 51 prepared and distributed by the commissioner of the division of criminal 52 justice services, in consultation with the director of the office of 53 victim services, on which the victim may indicate a demand to be 54 informed of any petition to change the name of such defendant. Such 55 forms shall be maintained by such prosecutor. Upon receipt of a notice 56 of a petition to change the name of any such defendant, pursuant toA. 794--D 14 1 subdivision two of section sixty-two of the civil rights law, the prose- 2 cutor shall promptly notify the victim at the most current address or 3 telephone number provided by such victim in the most reasonable and 4 expedient possible manner of the time and place such petition will be 5 presented to the court. 6 § 33. Paragraph (b) of subdivision 8 of section 700.05 of the crimi- 7 nal procedure law, as amended by chapter 134 of the laws of 2019, is 8 amended to read as follows: 9 (b) Any of the following felonies: assault in the second degree as 10 defined in section 120.05 of the penal law, assault in the first degree 11 as defined in section 120.10 of the penal law, reckless endangerment in 12 the first degree as defined in section 120.25 of the penal law, promot- 13 ing a suicide attempt as defined in section 120.30 of the penal law, 14 strangulation in the second degree as defined in section 121.12 of the 15 penal law, strangulation in the first degree as defined in section 16 121.13 of the penal law, criminally negligent homicide as defined in 17 section 125.10 of the penal law, manslaughter in the second degree as 18 defined in section 125.15 of the penal law, manslaughter in the first 19 degree as defined in section 125.20 of the penal law, murder in the 20 second degree as defined in section 125.25 of the penal law, murder in 21 the first degree as defined in section 125.27 of the penal law, rape in 22 the third degree as defined in section 130.25 of the penal law, rape in 23 the second degree as defined in section 130.30 of the penal law, rape in 24 the first degree as defined in section 130.35 of the penal law, [crimi-25nal sexual act in the third degree as defined in section 130.40 of the26penal law, criminal sexual act in the second degree as defined in27section 130.45 of the penal law, criminal sexual act in the first degree28as defined in section 130.50 of the penal law,] sexual abuse in the 29 first degree as defined in section 130.65 of the penal law, unlawful 30 imprisonment in the first degree as defined in section 135.10 of the 31 penal law, kidnapping in the second degree as defined in section 135.20 32 of the penal law, kidnapping in the first degree as defined in section 33 135.25 of the penal law, labor trafficking as defined in section 135.35 34 of the penal law, aggravated labor trafficking as defined in section 35 135.37 of the penal law, custodial interference in the first degree as 36 defined in section 135.50 of the penal law, coercion in the first degree 37 as defined in section 135.65 of the penal law, criminal trespass in the 38 first degree as defined in section 140.17 of the penal law, burglary in 39 the third degree as defined in section 140.20 of the penal law, burglary 40 in the second degree as defined in section 140.25 of the penal law, 41 burglary in the first degree as defined in section 140.30 of the penal 42 law, criminal mischief in the third degree as defined in section 145.05 43 of the penal law, criminal mischief in the second degree as defined in 44 section 145.10 of the penal law, criminal mischief in the first degree 45 as defined in section 145.12 of the penal law, criminal tampering in the 46 first degree as defined in section 145.20 of the penal law, arson in the 47 fourth degree as defined in section 150.05 of the penal law, arson in 48 the third degree as defined in section 150.10 of the penal law, arson in 49 the second degree as defined in section 150.15 of the penal law, arson 50 in the first degree as defined in section 150.20 of the penal law, grand 51 larceny in the fourth degree as defined in section 155.30 of the penal 52 law, grand larceny in the third degree as defined in section 155.35 of 53 the penal law, grand larceny in the second degree as defined in section 54 155.40 of the penal law, grand larceny in the first degree as defined in 55 section 155.42 of the penal law, health care fraud in the fourth degree 56 as defined in section 177.10 of the penal law, health care fraud in theA. 794--D 15 1 third degree as defined in section 177.15 of the penal law, health care 2 fraud in the second degree as defined in section 177.20 of the penal 3 law, health care fraud in the first degree as defined in section 177.25 4 of the penal law, robbery in the third degree as defined in section 5 160.05 of the penal law, robbery in the second degree as defined in 6 section 160.10 of the penal law, robbery in the first degree as defined 7 in section 160.15 of the penal law, unlawful use of secret scientific 8 material as defined in section 165.07 of the penal law, criminal 9 possession of stolen property in the fourth degree as defined in section 10 165.45 of the penal law, criminal possession of stolen property in the 11 third degree as defined in section 165.50 of the penal law, criminal 12 possession of stolen property in the second degree as defined by section 13 165.52 of the penal law, criminal possession of stolen property in the 14 first degree as defined by section 165.54 of the penal law, trademark 15 counterfeiting in the second degree as defined in section 165.72 of the 16 penal law, trademark counterfeiting in the first degree as defined in 17 section 165.73 of the penal law, forgery in the second degree as defined 18 in section 170.10 of the penal law, forgery in the first degree as 19 defined in section 170.15 of the penal law, criminal possession of a 20 forged instrument in the second degree as defined in section 170.25 of 21 the penal law, criminal possession of a forged instrument in the first 22 degree as defined in section 170.30 of the penal law, criminal 23 possession of forgery devices as defined in section 170.40 of the penal 24 law, falsifying business records in the first degree as defined in 25 section 175.10 of the penal law, tampering with public records in the 26 first degree as defined in section 175.25 of the penal law, offering a 27 false instrument for filing in the first degree as defined in section 28 175.35 of the penal law, issuing a false certificate as defined in 29 section 175.40 of the penal law, criminal diversion of prescription 30 medications and prescriptions in the second degree as defined in section 31 178.20 of the penal law, criminal diversion of prescription medications 32 and prescriptions in the first degree as defined in section 178.25 of 33 the penal law, residential mortgage fraud in the fourth degree as 34 defined in section 187.10 of the penal law, residential mortgage fraud 35 in the third degree as defined in section 187.15 of the penal law, resi- 36 dential mortgage fraud in the second degree as defined in section 187.20 37 of the penal law, residential mortgage fraud in the first degree as 38 defined in section 187.25 of the penal law, escape in the second degree 39 as defined in section 205.10 of the penal law, escape in the first 40 degree as defined in section 205.15 of the penal law, absconding from 41 temporary release in the first degree as defined in section 205.17 of 42 the penal law, promoting prison contraband in the first degree as 43 defined in section 205.25 of the penal law, hindering prosecution in the 44 second degree as defined in section 205.60 of the penal law, hindering 45 prosecution in the first degree as defined in section 205.65 of the 46 penal law, sex trafficking as defined in section 230.34 of the penal 47 law, sex trafficking of a child as defined in section 230.34-a of the 48 penal law, criminal possession of a weapon in the third degree as 49 defined in subdivisions two, three and five of section 265.02 of the 50 penal law, criminal possession of a weapon in the second degree as 51 defined in section 265.03 of the penal law, criminal possession of a 52 weapon in the first degree as defined in section 265.04 of the penal 53 law, manufacture, transport, disposition and defacement of weapons and 54 dangerous instruments and appliances defined as felonies in subdivisions 55 one, two, and three of section 265.10 of the penal law, sections 265.11, 56 265.12 and 265.13 of the penal law, or prohibited use of weapons asA. 794--D 16 1 defined in subdivision two of section 265.35 of the penal law, relating 2 to firearms and other dangerous weapons, criminal manufacture, sale or 3 transport of an undetectable firearm, rifle or shotgun as defined in 4 section 265.50 of the penal law, or failure to disclose the origin of a 5 recording in the first degree as defined in section 275.40 of the penal 6 law; 7 § 34. Paragraph (a) of subdivision 2 of section 720.10 of the criminal 8 procedure law, as amended by chapter 316 of the laws of 2006, is amended 9 to read as follows: 10 (a) the conviction to be replaced by a youthful offender finding is 11 for (i) a class A-I or class A-II felony, or (ii) an armed felony as 12 defined in subdivision forty-one of section 1.20, except as provided in 13 subdivision three, or (iii) rape in the first degree[, criminal sexual14act in the first degree,] or aggravated sexual abuse, except as provided 15 in subdivision three, or 16 § 35. Paragraph (a) of subdivision 2 and paragraph (a) of subdivision 17 3 of section 168-a of the correction law, paragraph (a) of subdivision 2 18 as amended by chapter 405 of the laws of 2008, subparagraph (i) of para- 19 graph (a) of subdivision 2 as amended by chapter 189 of the laws of 2018 20 and paragraph (a) of subdivision 3 as amended by chapter 107 of the laws 21 of 2006, are amended to read as follows: 22 (a) (i) a conviction of or a conviction for an attempt to commit any 23 of the provisions of sections 120.70, 130.20, 130.25, 130.30, [130.40,24130.45,] 130.60, 230.34, 230.34-a 250.50, 255.25, 255.26 and 255.27 or 25 article two hundred sixty-three of the penal law, or section 135.05, 26 135.10, 135.20 or 135.25 of such law relating to kidnapping offenses, 27 provided the victim of such kidnapping or related offense is less than 28 seventeen years old and the offender is not the parent of the victim, or 29 section 230.04, where the person patronized is in fact less than seven- 30 teen years of age, 230.05, 230.06, 230.11, 230.12, 230.13, subdivision 31 two of section 230.30, section 230.32, 230.33, or 230.34 of the penal 32 law, or section 230.25 of the penal law where the person prostituted is 33 in fact less than seventeen years old, or (ii) a conviction of or a 34 conviction for an attempt to commit any of the provisions of section 35 235.22 of the penal law, or (iii) a conviction of or a conviction for an 36 attempt to commit any provisions of the foregoing sections committed or 37 attempted as a hate crime defined in section 485.05 of the penal law or 38 as a crime of terrorism defined in section 490.25 of such law or as a 39 sexually motivated felony defined in section 130.91 of such law; or 40 (a) (i) a conviction of or a conviction for an attempt to commit any 41 of the provisions of sections 130.35, [130.50,] 130.65, 130.66, 130.67, 42 130.70, 130.75, 130.80, 130.95 and 130.96 of the penal law, or (ii) a 43 conviction of or a conviction for an attempt to commit any of the 44 provisions of sections 130.53, 130.65-a and 130.90 of the penal law, or 45 (iii) a conviction of or a conviction for an attempt to commit any 46 provisions of the foregoing sections committed or attempted as a hate 47 crime defined in section 485.05 of the penal law or as a crime of 48 terrorism defined in section 490.25 of such law; or 49 § 36. Subparagraph (ii) of paragraph (a), subparagraphs (i) and (ii) 50 of paragraph (b) and paragraph (e) of subdivision 8 of section 384-b of 51 the social services law, subparagraph (ii) of paragraph (a) and subpara- 52 graph (i) of paragraph (b) as amended by chapter 430 of the laws of 53 2013, subparagraph (ii) of paragraph (b) as amended and paragraph (e) as 54 added by chapter 7 of the laws of 1999, are amended to read as follows: 55 (ii) the child has been found to be an abused child, as defined in 56 paragraph (iii) of subdivision (e) of section ten hundred twelve of theA. 794--D 17 1 family court act, as a result of such parent's acts; provided, however, 2 the respondent must have committed or knowingly allowed to be committed 3 a felony sex offense as defined in sections 130.25, 130.30, 130.35, 4 [130.40, 130.45, 130.50,] 130.65, 130.67, 130.70, 130.75, 130.80, 130.95 5 and 130.96 of the penal law and, for the purposes of this section the 6 corroboration requirements contained in the penal law shall not apply to 7 proceedings under this section; or 8 (i) the child has been found to be an abused child, (A) as defined in 9 paragraph (i) of subdivision (e) of section ten hundred twelve of the 10 family court act, as a result of such parent's acts; or (B) as defined 11 in paragraph (iii) of subdivision (e) of section ten hundred twelve of 12 the family court act, as a result of such parent's acts; provided, 13 however, the respondent must have committed or knowingly allowed to be 14 committed a felony sex offense as defined in sections 130.25, 130.30, 15 130.35, [130.40, 130.45, 130.50,] 130.65, 130.67, 130.70, 130.75, 16 130.80, 130.95 and 130.96 of the penal law; and 17 (ii) (A) the child or another child for whose care such parent is or 18 has been legally responsible has been previously found, within the five 19 years immediately preceding the initiation of the proceeding in which 20 such abuse is found, to be an abused child, as defined in paragraph (i) 21 or (iii) of subdivision (e) of section ten hundred twelve of the family 22 court act, as a result of such parent's acts; provided, however, in the 23 case of a finding of abuse as defined in paragraph (iii) of subdivision 24 (e) of section ten hundred twelve of the family court act the respondent 25 must have committed or knowingly allowed to be committed a felony sex 26 offense as defined in sections 130.25, 130.30, 130.35, [130.40, 130.45,27130.50,] 130.65, 130.67, 130.70, 130.75 and 130.80 of the penal law, or 28 (B) the parent has been convicted of a crime under section 130.25, 29 130.30, 130.35, [130.40, 130.45, 130.50,] 130.65, 130.67, 130.70, 130.75 30 or 130.80 of the penal law against the child, a sibling of the child or 31 another child for whose care such parent is or has been legally respon- 32 sible, within the five year period immediately preceding the initiation 33 of the proceeding in which abuse is found; and 34 (e) A determination by the court in accordance with article ten of the 35 family court act based upon clear and convincing evidence that a child 36 was abused (A) as defined in paragraph (i) of subdivision (e) of section 37 ten hundred twelve of the family court act, as a result of such parent's 38 acts; or (B) as defined in paragraph (iii) of subdivision (e) of section 39 ten hundred twelve of the family court act, as a result of such parent's 40 acts; provided, however, the respondent must have committed or knowingly 41 allowed to be committed a felony sex offense as defined in sections 42 130.25, 130.30, 130.35, [130.40, 130.45, 130.50,] 130.65, 130.67, 43 130.70, 130.75 and 130.80 of the penal law shall establish that the 44 child was an abused child for the purpose of a determination as required 45 by subparagraph (i) or (ii) of paragraph (b) of this subdivision. Such a 46 determination by the court in accordance with article ten of the family 47 court act based upon a fair preponderance of evidence shall be admissi- 48 ble in any proceeding commenced in accordance with this section. 49 § 37. Paragraphs (a) and (b) of subdivision 4 of section 509-cc of the 50 vehicle and traffic law, paragraph (a) as amended by chapter 189 of the 51 laws of 2018 and paragraph (b) as amended by chapter 400 of the laws of 52 2011, are amended to read as follows: 53 (a) The offenses referred to in subparagraph (ii) of paragraph (a) of 54 subdivision one and paragraph (a) of subdivision two of this section 55 that result in permanent disqualification shall include a conviction 56 under sections 125.12, 125.13, 125.14, 125.15, 125.20, 125.21, 125.22,A. 794--D 18 1 125.25, 125.26, 125.27, 130.30, 130.35, [130.45, 130.50,] 130.65, 2 130.66, 130.67, 130.70, 130.75, 130.80, 130.90, 130.95, 130.96, 135.25, 3 150.20, 230.30, 230.32, 230.34, 230.34-a, 235.22, 263.05, 263.10, 4 263.11, 263.15, 263.16 of the penal law or an attempt to commit any of 5 the aforesaid offenses under section 110.00 of the penal law, or any 6 offenses committed under a former section of the penal law which would 7 constitute violations of the aforesaid sections of the penal law, or any 8 offenses committed outside this state which would constitute violations 9 of the aforesaid sections of the penal law. 10 (b) The offenses referred to in subparagraph (ii) of paragraph (a) of 11 subdivision one and paragraph (b) of subdivision two of this section 12 that result in permanent disqualification shall include a conviction 13 under sections 100.13, 105.15, 105.17, 115.08, 120.12, 120.70, 125.10, 14 125.11, [130.40,] 130.53, 130.60, 130.65-a, 135.20, 160.15, 220.18, 15 220.21, 220.39, 220.41, 220.43, 220.44, 230.25, 260.00, 265.04 of the 16 penal law or an attempt to commit any of the aforesaid offenses under 17 section 110.00 of the penal law, or any offenses committed under a 18 former section of the penal law which would constitute violations of the 19 aforesaid sections of the penal law, or any offenses committed outside 20 this state which would constitute violations of the aforesaid sections 21 of the penal law. 22 § 38. Subdivision (b) of section 117 of the family court act, as 23 amended by chapter 7 of the laws of 2007, is amended to read as follows: 24 (b) For every juvenile delinquency proceeding under article three 25 involving an allegation of an act committed by a person which, if done 26 by an adult, would be a crime (i) defined in sections 125.27 (murder in 27 the first degree); 125.25 (murder in the second degree); 135.25 (kidnap- 28 ping in the first degree); or 150.20 (arson in the first degree) of the 29 penal law committed by a person thirteen, fourteen or fifteen years of 30 age; or such conduct committed as a sexually motivated felony, where 31 authorized pursuant to section 130.91 of the penal law; (ii) defined in 32 sections 120.10 (assault in the first degree); 125.20 (manslaughter in 33 the first degree); 130.35 (rape in the first degree); [130.50 (criminal34sexual act in the first degree);] 135.20 (kidnapping in the second 35 degree), but only where the abduction involved the use or threat of use 36 of deadly physical force; 150.15 (arson in the second degree); or 160.15 37 (robbery in the first degree) of the penal law committed by a person 38 thirteen, fourteen or fifteen years of age; or such conduct committed as 39 a sexually motivated felony, where authorized pursuant to section 130.91 40 of the penal law; (iii) defined in the penal law as an attempt to commit 41 murder in the first or second degree or kidnapping in the first degree 42 committed by a person thirteen, fourteen or fifteen years of age; or 43 such conduct committed as a sexually motivated felony, where authorized 44 pursuant to section 130.91 of the penal law; (iv) defined in section 45 140.30 (burglary in the first degree); subdivision one of section 140.25 46 (burglary in the second degree); subdivision two of section 160.10 47 (robbery in the second degree) of the penal law; or section 265.03 of 48 the penal law, where such machine gun or such firearm is possessed on 49 school grounds, as that phrase is defined in subdivision fourteen of 50 section 220.00 of the penal law committed by a person fourteen or 51 fifteen years of age; or such conduct committed as a sexually motivated 52 felony, where authorized pursuant to section 130.91 of the penal law; 53 (v) defined in section 120.05 (assault in the second degree) or 160.10 54 (robbery in the second degree) of the penal law committed by a person 55 fourteen or fifteen years of age but only where there has been a prior 56 finding by a court that such person has previously committed an actA. 794--D 19 1 which, if committed by an adult, would be the crime of assault in the 2 second degree, robbery in the second degree or any designated felony act 3 specified in clause (i), (ii) or (iii) of this subdivision regardless of 4 the age of such person at the time of the commission of the prior act; 5 or (vi) other than a misdemeanor, committed by a person at least seven 6 but less than sixteen years of age, but only where there has been two 7 prior findings by the court that such person has committed a prior act 8 which, if committed by an adult would be a felony: 9 (i) There is hereby established in the family court in the city of New 10 York at least one "designated felony act part." Such part or parts shall 11 be held separate from all other proceedings of the court, and shall have 12 jurisdiction over all proceedings involving such an allegation. All such 13 proceedings shall be originated in or be transferred to this part from 14 other parts as they are made known to the court. 15 (ii) Outside the city of New York, all proceedings involving such an 16 allegation shall have a hearing preference over every other proceeding 17 in the court, except proceedings under article ten. 18 § 39. Paragraph (ii) of subdivision 8 of section 301.2 of the family 19 court act, as amended by section 57 of part WWW of chapter 59 of the 20 laws of 2017, is amended to read as follows: 21 (ii) defined in sections 120.10 (assault in the first degree); 125.20 22 (manslaughter in the first degree); 130.35 (rape in the first degree); 23 [130.50 (criminal sexual act in the first degree);] 130.70 (aggravated 24 sexual abuse in the first degree); 135.20 (kidnapping in the second 25 degree) but only where the abduction involved the use or threat of use 26 of deadly physical force; 150.15 (arson in the second degree) or 160.15 27 (robbery in the first degree) of the penal law committed by a person 28 thirteen, fourteen, fifteen, or sixteen, or, commencing October first, 29 two thousand nineteen, seventeen years of age; or such conduct committed 30 as a sexually motivated felony, where authorized pursuant to section 31 130.91 of the penal law; 32 § 40. Subdivision 4 of section 308.1 of the family court act, as 33 amended by chapter 264 of the laws of 2003, is amended to read as 34 follows: 35 4. The probation service shall not adjust a case in which the child 36 has allegedly committed a delinquent act which would be a crime defined 37 in section 120.25, (reckless endangerment in the first degree), subdivi- 38 sion one of section 125.15, (manslaughter in the second degree), [subdi-39vision] subdivisions one, two and three of section 130.25, (rape in the 40 third degree), [subdivision one of section 130.40, (criminal sexual act41in the third degree),] subdivision one or two of section 130.65, (sexual 42 abuse in the first degree), section 135.65, (coercion in the first 43 degree), section 140.20, (burglary in the third degree), section 150.10, 44 (arson in the third degree), section 160.05, (robbery in the third 45 degree), subdivision two, three or four of section 265.02, (criminal 46 possession of a weapon in the third degree), section 265.03, (criminal 47 possession of a weapon in the second degree), or section 265.04, (crimi- 48 nal possession of a dangerous weapon in the first degree) of the penal 49 law where the child has previously had one or more adjustments of a case 50 in which such child allegedly committed an act which would be a crime 51 specified in this subdivision unless it has received written approval 52 from the court and the appropriate presentment agency. 53 § 41. Subdivision (c) of section 1052 of the family court act, as 54 added by chapter 739 of the laws of 1981, is amended to read as follows: 55 (c) Prior to granting an order of disposition pursuant to subdivision 56 (a) of this section following an adjudication of child abuse, as definedA. 794--D 20 1 in paragraph (i) of subdivision (e) of section ten hundred twelve of 2 this act or a finding of a felony sex offense as defined in sections 3 130.25, 130.30, 130.35, [130.40, 130.45, 130.50,] 130.65 and 130.70 of 4 the penal law, the court shall advise the respondent that any subsequent 5 adjudication of child abuse, as defined in paragraph (i) of subdivision 6 (e) of section one thousand twelve of this act or any subsequent finding 7 of a felony sex offense as defined in those sections of the penal law 8 herein enumerated, arising out of acts of the respondent may result in 9 the commitment of the guardianship and custody of the child or another 10 child pursuant to section three hundred eighty-four-b of the social 11 services law. The order in such cases shall contain a statement that any 12 subsequent adjudication of child abuse or finding of a felony sex 13 offense as described herein may result in the commitment of the guardi- 14 anship and custody of the child, or another child pursuant to section 15 three hundred eighty-four-b of the social services law. 16 § 42. Subdivision 2 of section 61 of the civil rights law, as amended 17 by section 54 of subpart B of part C of chapter 62 of the laws of 2011, 18 is amended to read as follows: 19 2. If the petitioner stands convicted of a violent felony offense as 20 defined in section 70.02 of the penal law or a felony defined in article 21 one hundred twenty-five of such law or any of the following provisions 22 of such law sections 130.25, 130.30, [130.40, 130.45,] 255.25, 255.26, 23 255.27, article two hundred sixty-three, 135.10, 135.25, 230.05, 230.06, 24 subdivision two of section 230.30 or 230.32, and is currently confined 25 as an inmate in any correctional facility or currently under the super- 26 vision of the department of corrections and community supervision or a 27 county probation department as a result of such conviction, the petition 28 shall for each such conviction specify such felony conviction, the date 29 of such conviction or convictions, and the court in which such 30 conviction or convictions were entered. 31 § 43. Subdivision 2 of section 62 of the civil rights law, as amended 32 by section 55 of subpart B of part C of chapter 62 of the laws of 2011, 33 is amended to read as follows: 34 2. If the petition be to change the name of a person currently 35 confined as an inmate in any correctional facility or currently under 36 the supervision of the department of corrections and community super- 37 vision or a county probation department as a result of a conviction for 38 a violent felony offense as defined in section 70.02 of the penal law or 39 a felony defined in article one hundred twenty-five of such law or any 40 of the following provisions of such law sections 130.25, 130.30, 41 [130.40, 130.45,] 255.25, 255.26, 255.27, article two hundred sixty- 42 three, 135.10, 135.25, 230.05, 230.06, subdivision two of section 230.30 43 or 230.32, notice of the time and place when and where the petition will 44 be presented shall be served, in like manner as a notice of a motion 45 upon an attorney in an action, upon the district attorney of every coun- 46 ty in which such person has been convicted of such felony and upon the 47 court or courts in which the sentence for such felony was entered. 48 Unless a shorter period of time is ordered by the court, said notice 49 shall be served upon each such district attorney and court or courts not 50 less than sixty days prior to the date on which such petition is noticed 51 to be heard. 52 § 44. The closing paragraph of section 64 of the civil rights law, as 53 separately amended by chapters 258, 320 and 481 of the laws of 2006, is 54 amended to read as follows: 55 Upon compliance with the order and the filing of the affidavit of the 56 publication, as provided in this section, the clerk of the court inA. 794--D 21 1 which the order has been entered shall certify that the order has been 2 complied with; and, if the petition states that the petitioner stands 3 convicted of a violent felony offense as defined in section 70.02 of the 4 penal law or a felony defined in article one hundred twenty-five of such 5 law or any of the following provisions of such law sections 130.25, 6 130.30, [130.40, 130.45,] 255.25, 255.26, 255.27, article two hundred 7 sixty-three, 135.10, 135.25, 230.05, 230.06, subdivision two of section 8 230.30 or 230.32, such clerk (1) shall deliver, by first class mail, a 9 copy of such certified order to the division of criminal justice 10 services at its office in the county of Albany and (2) upon the clerk of 11 the court reviewing the petitioner's application for name change and 12 subsequent in-court inquiry, may, in the clerk's discretion, deliver, by 13 first class mail, the petitioner's new name with such certified order to 14 the court of competent jurisdiction which imposed the orders of support. 15 Such certification shall appear on the original order and on any certi- 16 fied copy thereof and shall be entered in the clerk's minutes of the 17 proceeding. 18 § 45. Section 213-c of the civil practice law and rules, as amended by 19 chapter 315 of the laws of 2019, is amended to read as follows: 20 § 213-c. Action by victim of conduct constituting certain sexual 21 offenses. Notwithstanding any other limitation set forth in this arti- 22 cle, except as provided in subdivision (b) of section two hundred eight 23 of this article, all civil claims or causes of action brought by any 24 person for physical, psychological or other injury or condition suffered 25 by such person as a result of conduct which would constitute rape in the 26 first degree as defined in section 130.35 of the penal law, or rape in 27 the second degree as defined in subdivision two of section 130.30 of the 28 penal law, or rape in the third degree as defined in subdivision one or 29 three of section 130.25 of the penal law, [or criminal sexual act in the30first degree as defined in section 130.50 of the penal law, or criminal31sexual act in the second degree as defined in subdivision two of section32130.45 of the penal law, or criminal sexual act in the third degree as33defined in subdivision one or three of section 130.40 of the penal law,] 34 or incest in the first degree as defined in section 255.27 of the penal 35 law, or incest in the second degree as defined in section 255.26 of the 36 penal law (where the crime committed is rape in the second degree as 37 defined in subdivision two of section 130.30 of the penal law or crimi- 38 nal sexual act in the second degree as defined in subdivision two of 39 section 130.45), or aggravated sexual abuse in the first degree as 40 defined in section 130.70 of the penal law, or course of sexual conduct 41 against a child in the first degree as defined in section 130.75 of the 42 penal law may be brought against any party whose intentional or negli- 43 gent acts or omissions are alleged to have resulted in the commission of 44 the said conduct, within twenty years. Nothing in this section shall be 45 construed to require that a criminal charge be brought or a criminal 46 conviction be obtained as a condition of bringing a civil cause of 47 action or receiving a civil judgment pursuant to this section or be 48 construed to require that any of the rules governing a criminal proceed- 49 ing be applicable to any such civil action. 50 § 46. Paragraph (b) of subdivision 8 of section 215 of the civil prac- 51 tice law and rules, as added by chapter 3 of the laws of 2006, is 52 amended to read as follows: 53 (b) Whenever it is shown that a criminal action against the same 54 defendant has been commenced with respect to the event or occurrence 55 from which a claim governed by this section arises, and such criminal 56 action is for rape in the first degree as defined in section 130.35 ofA. 794--D 22 1 the penal law, [or criminal sexual act in the first degree as defined in2section 130.50 of the penal law,] or aggravated sexual abuse in the 3 first degree as defined in section 130.70 of the penal law, or course of 4 sexual conduct against a child in the first degree as defined in section 5 130.75 of the penal law, the plaintiff shall have at least five years 6 from the termination of the criminal action as defined in section 1.20 7 of the criminal procedure law in which to commence the civil action, 8 notwithstanding that the time in which to commence such action has 9 already expired or has less than a year remaining. 10 § 47. Subdivision 11 of section 123 of the agriculture and markets 11 law, as amended by chapter 392 of the laws of 2004, and such section as 12 renumbered by section 18 of part T of chapter 59 of the laws of 2010, is 13 amended to read as follows: 14 11. The owner shall not be liable pursuant to subdivision six, seven, 15 eight, nine or ten of this section if the dog was coming to the aid or 16 defense of a person during the commission or attempted commission of a 17 murder, robbery, burglary, arson, rape in the first degree as defined in 18 paragraph (a) or (b) of subdivision one [or], paragraph (a) or (b) of 19 subdivision two or paragraph (a) or (b) of subdivision three of section 20 130.35 of the penal law[, criminal sexual act in the first degree as21defined in subdivision one or two of section 130.50 of the penal law] or 22 kidnapping within the dwelling or upon the real property of the owner of 23 the dog and the dog injured or killed the person committing such crimi- 24 nal activity. 25 § 48. Section 4 of the judiciary law, as amended by chapter 1 of the 26 laws of 2019, is amended to read as follows: 27 § 4. Sittings of courts to be public. The sittings of every court 28 within this state shall be public, and every citizen may freely attend 29 the same, except that in all proceedings and trials in cases for 30 divorce, seduction, rape, assault with intent to commit rape, [criminal31sexual act,] bastardy or filiation, the court may, in its discretion, 32 exclude therefrom all persons who are not directly interested therein, 33 excepting jurors, witnesses, and officers of the court. 34 § 49. Subdivision 2 of section 120.60 of the penal law, as amended by 35 chapter 434 of the laws of 2000, is amended to read as follows: 36 2. commits a class A misdemeanor defined in article one hundred thirty 37 of this chapter, or a class E felony defined in section 130.25, [130.40] 38 or 130.85 of this chapter, or a class D felony defined in section 130.30 39 [or 130.45] of this chapter. 40 § 50. Subdivision 1 of section 210.16 of the criminal procedure law, 41 as added by chapter 571 of the laws of 2007, is amended to read as 42 follows: 43 1. (a) In a case where an indictment or a superior court information 44 has been filed with a superior court which charges the defendant with a 45 felony offense enumerated in any section of article one hundred thirty 46 of the penal law where an act of "[sexual intercourse] vaginal sexual 47 contact", "oral sexual [conduct] contact" or "anal sexual [conduct] 48 contact," as those terms are defined in section 130.00 of the penal law, 49 is required as an essential element for the commission thereof, the 50 court shall, upon a request of the victim within six months of the date 51 of the crimes charged, order that the defendant submit to human immuno- 52 deficiency virus (HIV) related testing. Testing of a defendant shall be 53 ordered when the result would provide medical benefit to the victim or a 54 psychological benefit to the victim. Medical benefit shall be found when 55 the following elements are satisfied: (i) a decision is pending about 56 beginning, continuing, or discontinuing a medical intervention for theA. 794--D 23 1 victim; and (ii) the result of an HIV test of the accused could affect 2 that decision, and could provide relevant information beyond that which 3 would be provided by an HIV test of the victim. If testing the defendant 4 would provide medical benefit to the victim or a psychological benefit 5 to the victim, then the testing is to be conducted by a state, county, 6 or local public health officer designated by the order. Test results, 7 which shall not be disclosed to the court, shall be communicated to the 8 defendant and the victim named in the order in accordance with the 9 provisions of section twenty-seven hundred eighty-five-a of the public 10 health law. 11 (b) For the purposes of this section, the terms "victim" and "appli- 12 cant" mean the person with whom the defendant is charged to have engaged 13 in an act of "[sexual intercourse] vaginal sexual contact", "oral sexual 14 [conduct] contact" or "anal sexual [conduct] contact", as those terms 15 are defined in section 130.00 of the penal law, where such conduct with 16 such victim was the basis for charging the defendant with an offense 17 specified in paragraph (a) of this subdivision. 18 § 51. Subdivision 1 of section 390.15 of the criminal procedure law, 19 as amended by chapter 264 of the laws of 2003, is amended to read as 20 follows: 21 1. (a) In any case where the defendant is convicted of a felony 22 offense enumerated in any section of article one hundred thirty of the 23 penal law, or any subdivision of section 130.20 of such law, where an 24 act of "[sexual intercourse] vaginal sexual contact", "oral sexual 25 [conduct] contact" or "anal sexual [conduct] contact," as those terms 26 are defined in section 130.00 of the penal law, is required as an essen- 27 tial element for the commission thereof, the court must, upon a request 28 of the victim, order that the defendant submit to human immunodeficiency 29 (HIV) related testing. The testing is to be conducted by a state, coun- 30 ty, or local public health officer designated by the order. Test 31 results, which shall not be disclosed to the court, shall be communi- 32 cated to the defendant and the victim named in the order in accordance 33 with the provisions of section twenty-seven hundred eighty-five-a of the 34 public health law, but such results and disclosure need not be completed 35 prior to the imposition of sentence. 36 (b) For the purposes of this section, the terms "defendant", 37 "conviction" and "sentence" mean and include, respectively, an "eligible 38 youth," a "youthful offender finding" and a "youthful offender sentence" 39 as those terms are defined in section 720.10 of this chapter. The term 40 "victim" means the person with whom the defendant engaged in an act of 41 "[sexual intercourse] vaginal sexual contact", "oral sexual [conduct] 42 contact" or "anal sexual [conduct] contact", as those terms are defined 43 in section 130.00 of the penal law, where such conduct with such victim 44 was the basis for the defendant's conviction of an offense specified in 45 paragraph (a) of this subdivision. 46 § 52. Subdivision 1 of section 347.1 of the family court act, as 47 amended by chapter 264 of the laws of 2003, is amended to read as 48 follows: 49 1. (a) In any proceeding where the respondent is found pursuant to 50 section 345.1 or 346.1 of this article, to have committed a felony 51 offense enumerated in any section of article one hundred thirty of the 52 penal law, or any subdivision of section 130.20 of such law, for which 53 an act of "[sexual intercourse] vaginal sexual contact", "oral sexual 54 [conduct] contact" or "anal sexual [conduct] contact", as those terms 55 are defined in section 130.00 of the penal law, is required as an essen- 56 tial element for the commission thereof, the court must, upon a requestA. 794--D 24 1 of the victim, order that the respondent submit to human immunodeficien- 2 cy (HIV) related testing. The testing is to be conducted by a state, 3 county, or local public health officer designated by the order. Test 4 results, which shall not be disclosed to the court, shall be communi- 5 cated to the respondent and the victim named in the order in accordance 6 with the provisions of section twenty-seven hundred eighty-five-a of the 7 public health law. 8 (b) For the purposes of this section, the term "victim" means the 9 person with whom the respondent engaged in an act of "[sexual inter-10course] vaginal sexual contact", "oral sexual [conduct] contact" or 11 "anal sexual [conduct] contact", as those terms are defined in section 12 130.00 of the penal law, where such conduct with such victim was the 13 basis for the court's finding that the respondent committed acts consti- 14 tuting one or more of the offenses specified in paragraph (a) of this 15 subdivision. 16 § 53. Subdivision (a) of section 130.16 of the penal law, as amended 17 by chapter 264 of the laws of 2003, is amended to read as follows: 18 (a) Establish that an attempt was made to engage the victim in [sexual19intercourse] vaginal sexual contact, oral sexual [conduct] contact, anal 20 sexual [conduct] contact, or sexual contact, as the case may be, at the 21 time of the occurrence; and 22 § 54. Section 130.20 of the penal law, as amended by chapter 1 of the 23 laws of 2000, subdivision 2 as amended by chapter 264 of the laws of 24 2003, is amended to read as follows: 25 § 130.20 Sexual misconduct. 26 A person is guilty of sexual misconduct when: 27 1. He or she engages in [sexual intercourse] vaginal sexual contact 28 with another person without such person's consent; or 29 2. He or she engages in oral sexual [conduct or anal sexual conduct] 30 contact with another person without such person's consent; or 31 3. He or she engages in anal sexual contact with another person with- 32 out such person's consent; or 33 4. He or she engages in sexual conduct with an animal or a dead human 34 body. 35 Sexual misconduct is a class A misdemeanor. 36 § 55. Paragraphs (a) and (b) of subdivision 1 of section 130.75 of the 37 penal law, as amended by chapter 264 of the laws of 2003, are amended to 38 read as follows: 39 (a) he or she engages in two or more acts of sexual conduct, which 40 includes at least one act of [sexual intercourse] vaginal sexual 41 contact, oral sexual [conduct] contact, anal sexual [conduct] contact or 42 aggravated sexual contact, with a child less than eleven years old; or 43 (b) he or she, being eighteen years old or more, engages in two or 44 more acts of sexual conduct, which include at least one act of [sexual45intercourse] vaginal sexual contact, oral sexual [conduct] contact, anal 46 sexual [conduct] contact or aggravated sexual contact, with a child less 47 than thirteen years old. 48 § 56. Subdivision 1 of section 235.00 of the penal law, as amended by 49 chapter 264 of the laws of 2003, is amended to read as follows: 50 1. "Obscene." Any material or performance is "obscene" if (a) the 51 average person, applying contemporary community standards, would find 52 that considered as a whole, its predominant appeal is to the prurient 53 interest in sex, and (b) it depicts or describes in a patently offensive 54 manner, actual or simulated: [sexual intercourse] vaginal sexual 55 contact, [criminal sexual act] oral sexual contact, anal sexual contact, 56 sexual bestiality, masturbation, sadism, masochism, excretion or lewdA. 794--D 25 1 exhibition of the genitals, and (c) considered as a whole, it lacks 2 serious literary, artistic, political, and scientific value. Predominant 3 appeal shall be judged with reference to ordinary adults unless it 4 appears from the character of the material or the circumstances of its 5 dissemination to be designed for children or other [specially] especial- 6 ly susceptible audience. 7 § 57. Subdivision 2 of section 235.22 of the penal law, as amended by 8 chapter 264 of the laws of 2003, is amended to read as follows: 9 2. by means of such communication he importunes, invites or induces a 10 minor to engage in [sexual intercourse] vaginal sexual contact, oral 11 sexual [conduct] contact or anal sexual [conduct] contact, or sexual 12 contact with him, or to engage in a sexual performance, obscene sexual 13 performance, or sexual conduct for his benefit. 14 § 58. Section 255.25 of the penal law, as amended by chapter 320 of 15 the laws of 2006, is amended to read as follows: 16 § 255.25 Incest in the third degree. 17 A person is guilty of incest in the third degree when he or she 18 marries or engages in [sexual intercourse] vaginal sexual contact, oral 19 sexual [conduct] contact or anal sexual [conduct] contact with a person 20 whom he or she knows to be related to him or her, whether through 21 marriage or not, as an ancestor, descendant, brother or sister of either 22 the whole or the half blood, uncle, aunt, nephew or niece. 23 Incest in the third degree is a class E felony. 24 § 59. Subdivision 3 of section 263.00 of the penal law, as amended by 25 chapter 264 of the laws of 2003, is amended to read as follows: 26 3. "Sexual conduct" means actual or simulated [sexual intercourse] 27 vaginal sexual contact, oral sexual [conduct] contact, anal sexual 28 [conduct]contact, sexual bestiality, masturbation, sado-masochistic 29 abuse, or lewd exhibition of the genitals. 30 § 60. Subdivision 3 of section 60.42 of the criminal procedure law, as 31 amended by section 1 of part R of chapter 55 of the laws of 2019, is 32 amended to read as follows: 33 3. rebuts evidence introduced by the people of the victim's failure to 34 engage in [sexual intercourse] vaginal sexual contact, oral sexual 35 [conduct] contact, anal sexual [conduct] contact or sexual contact 36 during a given period of time; or 37 § 61. Subdivision 3 of section 344.4 of the family court act, as 38 amended by chapter 264 of the laws of 2003, is amended to read as 39 follows: 40 3. rebuts evidence introduced by the presentment agency of the 41 victim's failure to engage in [sexual intercourse] vaginal sexual 42 contact, oral sexual [conduct] contact, anal sexual [conduct] contact or 43 sexual contact during a given period of time; or 44 § 62. Subdivision 4 of section 170 of the domestic relations law, as 45 amended by chapter 264 of the laws of 2003, is amended to read as 46 follows: 47 (4) The commission of an act of adultery, provided that adultery for 48 the purposes of articles ten, eleven, and eleven-A of this chapter, is 49 hereby defined as the commission of an act of [sexual intercourse] vagi- 50 nal sexual contact, oral sexual [conduct] contact or anal sexual 51 [conduct] contact, voluntarily performed by the defendant, with a person 52 other than the plaintiff after the marriage of plaintiff and defendant. 53 Oral sexual [conduct] contact and anal sexual [conduct] contact include, 54 but are not limited to, sexual conduct as defined in subdivision two of 55 section 130.00 and subdivision [three] four of section 130.20 of the 56 penal law.A. 794--D 26 1 § 63. The first undesignated paragraph of section 135.61 of the penal 2 law, as added by section 2 of part NN of chapter 55 of the laws of 2018, 3 is amended to read as follows: 4 A person is guilty of coercion in the second degree when he or she 5 commits the crime of coercion in the third degree as defined in section 6 135.60 of this article and thereby compels or induces a person to engage 7 in [sexual intercourse] vaginal sexual contact, oral sexual [conduct] 8 contact or anal sexual [conduct] contact as such terms are defined in 9 section [130 of the penal law] 130.00 of this title. 10 § 64. The first undesignated paragraph of section 230.11 of the penal 11 law, as added by chapter 368 of the laws of 2015, is amended to read as 12 follows: 13 A person is guilty of aggravated patronizing a minor for prostitution 14 in the third degree when, being twenty-one years old or more, he or she 15 patronizes a person for prostitution and the person patronized is less 16 than seventeen years old and the person guilty of patronizing engages in 17 [sexual intercourse] vaginal sexual contact, oral sexual [conduct] 18 contact, anal sexual [conduct] contact, or aggravated sexual [conduct] 19 contact as those terms are defined in section 130.00 of this part, with 20 the person patronized. 21 § 65. The first undesignated paragraph of section 230.12 of the penal 22 law, as added by chapter 368 of the laws of 2015, is amended to read as 23 follows: 24 A person is guilty of aggravated patronizing a minor for prostitution 25 in the second degree when, being eighteen years old or more, he or she 26 patronizes a person for prostitution and the person patronized is less 27 than fifteen years old and the person guilty of patronizing engages in 28 [sexual intercourse] vaginal sexual contact, oral sexual [conduct] 29 contact, anal sexual [conduct] contact, or aggravated sexual [conduct] 30 contact as those terms are defined in section 130.00 of this part, with 31 the person patronized. 32 § 66. The first undesignated paragraph of section 230.13 of the penal 33 law, as added by chapter 368 of the laws of 2015, is amended to read as 34 follows: 35 A person is guilty of aggravated patronizing a minor for prostitution 36 in the first degree when he or she patronizes a person for prostitution 37 and the person patronized is less than eleven years old, or being eigh- 38 teen years old or more, he or she patronizes a person for prostitution 39 and the person patronized is less than thirteen years old, and the 40 person guilty of patronizing engages in [sexual intercourse] vaginal 41 sexual contact, oral sexual [conduct] contact, anal sexual [conduct] 42 contact, or aggravated sexual [conduct] contact as those terms are 43 defined in section 130.00 of this part, with the person patronized. 44 § 67. Subdivision 4 of section 200 of the domestic relations law, as 45 amended by chapter 264 of the laws of 2003, is amended to read as 46 follows: 47 4. The commission of an act of adultery by the defendant; except where 48 such offense is committed by the procurement or with the connivance of 49 the plaintiff or where there is voluntary cohabitation of the parties 50 with the knowledge of the offense or where action was not commenced 51 within five years after the discovery by the plaintiff of the offense 52 charged or where the plaintiff has also been guilty of adultery under 53 such circumstances that the defendant would have been entitled, if inno- 54 cent, to a divorce, provided that adultery for the purposes of this 55 subdivision is hereby defined as the commission of an act of [sexual56intercourse] vaginal sexual contact, oral sexual [conduct] contact orA. 794--D 27 1 anal sexual [conduct] contact, voluntarily performed by the defendant, 2 with a person other than the plaintiff after the marriage of plaintiff 3 and defendant. Oral sexual [conduct] contact and anal sexual [conduct] 4 contact include, but are not limited to, sexual conduct as defined in 5 subdivision two of section 130.00 and subdivision [three] four of 6 section 130.20 of the penal law. 7 § 68. As it pertains to the repealed sections of law, nothing in this 8 act shall affect a requirement to register pursuant to article 6-C of 9 the correction law; a lawfully required disclosure of a conviction; any 10 restriction or prohibition for certain types of employment, housing, or 11 government benefit; or any other ongoing matter related to a conviction 12 of the sections repealed in this act. 13 § 69. This act shall take effect January 1, 2021 and shall apply to 14 any offense on or after such effective date.
