STATE OF NEW YORK
________________________________________________________________________
794--E
Cal. No. 40
2019-2020 Regular Sessions
IN ASSEMBLY
January 11, 2019
___________
Introduced by M. of A. SIMOTAS, COLTON, AUBRY, ENGLEBRIGHT, BRAUNSTEIN,
DenDEKKER, JAFFEE, PERRY, COOK, WEPRIN, SANTABARBARA, ROZIC, HEVESI,
QUART, LIFTON, OTIS, MOSLEY, FAHY, SEAWRIGHT, TAYLOR, ZEBROWSKI,
L. ROSENTHAL, REYES, CRUZ -- Multi-Sponsored by -- M. of A. ARROYO,
BUCHWALD, FINCH, FITZPATRICK, GALEF, GLICK, LUPARDO, MALLIOTAKIS,
McDONOUGH, MONTESANO, PEOPLES-STOKES, RA -- read once and referred to
the Committee on Codes -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- again
reported from said committee with amendments, ordered reprinted as
amended and recommitted to said committee -- reported and referred to
the Committee on Rules -- ordered to a third reading, passed by Assem-
bly and delivered to the Senate, recalled from the Senate, vote recon-
sidered, bill amended, ordered reprinted, retaining its place on the
special order of third reading -- ordered to a third reading, amended
and ordered reprinted, retaining its place on the order of third read-
ing -- ordered to a third reading, amended and ordered reprinted,
retaining its place on the order of third reading
AN ACT to amend the penal law, the criminal procedure law, the
correction law, the social services law, the vehicle and traffic law,
the family court act, the civil rights law, the civil practice law and
rules, the agriculture and markets law, the judiciary law and the
domestic relations law, in relation to sex offenses; and to repeal
certain provisions of the penal law relating thereto
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Sections 130.40, 130.45 and 130.50 of the penal law are
2 REPEALED.
3 § 2. Subdivisions 1 and 2 of section 130.00 of the penal law, subdivi-
4 sion 2 as amended by chapter 264 of the laws of 2003, are amended to
5 read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01481-11-0
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1 1. "[Sexual intercourse] Vaginal sexual contact" [has its ordinary
2 meaning and occurs upon any penetration, however slight] means conduct
3 between persons consisting of contact between the penis and the vagina
4 or vulva.
5 2. (a) "Oral sexual [conduct] contact" means conduct between persons
6 consisting of contact between the mouth and the penis, the mouth and the
7 anus, or the mouth and the vulva or vagina.
8 (b) "Anal sexual [conduct] contact" means conduct between persons
9 consisting of contact between the penis and anus.
10 § 3. Section 130.25 of the penal law, as amended by chapter 1 of the
11 laws of 2000, is amended to read as follows:
12 § 130.25 Rape in the third degree.
13 A person is guilty of rape in the third degree when:
14 1. He or she engages in [sexual intercourse] vaginal sexual contact
15 with another person who is incapable of consent by reason of some factor
16 other than being less than seventeen years old;
17 2. He or she engages in oral sexual contact with another person who is
18 incapable of consent by reason of some factor other than being less than
19 seventeen years old;
20 3. He or she engages in anal sexual contact with another person who is
21 incapable of consent by reason of some other factor other than being
22 less than seventeen years old;
23 4. Being twenty-one years old or more, he or she engages in [sexual
24 intercourse] vaginal sexual contact with another person less than seven-
25 teen years old; [or
26 3.] 5. Being twenty-one years old or more, he or she engages in oral
27 sexual contact with another person less than seventeen years old;
28 6. Being twenty-one years old or more, he or she engages in anal sexu-
29 al contact with another person less than seventeen years old;
30 7. He or she engages in [sexual intercourse] vaginal sexual contact
31 with another person without such person's consent where such lack of
32 consent is by reason of some factor other than incapacity to consent[.];
33 8. He or she engages in oral sexual contact with another person with-
34 out such person's consent where such lack of consent is by reason of
35 some factor other than incapacity to consent; or
36 9. He or she engages in anal sexual contact with another person with-
37 out such person's consent where such lack of consent is by reason of
38 some factor other than the incapacity to consent.
39 Rape in the third degree is a class E felony.
40 § 4. Section 130.30 of the penal law, as amended by chapter 1 of the
41 laws of 2000, is amended to read as follows:
42 § 130.30 Rape in the second degree.
43 A person is guilty of rape in the second degree when:
44 1. being eighteen years old or more, he or she engages in [sexual
45 intercourse] vaginal sexual contact with another person less than
46 fifteen years old; [or]
47 2. being eighteen years old or more, he or she engages in oral sexual
48 contact with another person less than fifteen years old;
49 3. being eighteen years old or more, he or she engages in anal sexual
50 contact with another person less than fifteen years old;
51 4. he or she engages in [sexual intercourse] vaginal sexual contact
52 with another person who is incapable of consent by reason of being
53 mentally disabled or mentally incapacitated[.];
54 5. he or she engages in oral sexual contact with another person who is
55 incapable of consent by reason of being mentally disabled or mentally
56 incapacitated; or
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1 6. he or she engages in anal sexual contact with another person who is
2 incapable of consent by reason of being mentally disabled or mentally
3 incapacitated.
4 It shall be an affirmative defense to the crime of rape in the second
5 degree as defined in [subdivision] subdivisions one, two and three of
6 this section that the defendant was less than four years older than the
7 victim at the time of the act.
8 Rape in the second degree is a class D felony.
9 § 5. Section 130.35 of the penal law, as amended by chapter 1 of the
10 laws of 2000, is amended to read as follows:
11 § 130.35 Rape in the first degree.
12 A person is guilty of rape in the first degree when:
13 1. he or she engages in [sexual intercourse] vaginal sexual contact
14 with another person:
15 [1.] (a) By forcible compulsion; or
16 [2.] (b) Who is incapable of consent by reason of being physically
17 helpless; or
18 [3.] (c) Who is less than eleven years old; or
19 [4.] (d) Who is less than thirteen years old and the actor is eighteen
20 years old or more[.];
21 2. he or she engages in oral sexual contact with another person:
22 (a) By forcible compulsion; or
23 (b) Who is incapable of consent by reason of being physically help-
24 less; or
25 (c) Who is less than eleven years old; or
26 (d) Who is less than thirteen years old and the actor is eighteen
27 years old or more; or
28 3. he or she engages in anal sexual contact with another person:
29 (a) By forcible compulsion; or
30 (b) Who is incapable of consent by reason of being physically help-
31 less; or
32 (c) Who is less than eleven years old; or
33 (d) Who is less than thirteen years old and the actor is eighteen
34 years old or more.
35 Rape in the first degree is a class B felony.
36 § 6. Paragraph 2 of subdivision 18 of section 10.00 of the penal law,
37 as amended by chapter 7 of the laws of 2007, is amended to read as
38 follows:
39 (2) a person fourteen or fifteen years old who is criminally responsi-
40 ble for acts constituting the crimes defined in subdivisions one and two
41 of section 125.25 (murder in the second degree) and in subdivision three
42 of such section provided that the underlying crime for the murder charge
43 is one for which such person is criminally responsible; section 135.25
44 (kidnapping in the first degree); 150.20 (arson in the first degree);
45 subdivisions one and two of section 120.10 (assault in the first
46 degree); 125.20 (manslaughter in the first degree); [subdivisions one
47 and] paragraphs (a) and (b) of subdivision one, paragraphs (a) and (b)
48 of subdivision two, and paragraphs (a) and (b) of subdivision three of
49 section 130.35 (rape in the first degree); [subdivisions one and two of
50 section 130.50 (criminal sexual act in the first degree);] 130.70
51 (aggravated sexual abuse in the first degree); 140.30 (burglary in the
52 first degree); subdivision one of section 140.25 (burglary in the second
53 degree); 150.15 (arson in the second degree); 160.15 (robbery in the
54 first degree); subdivision two of section 160.10 (robbery in the second
55 degree) of this chapter; or section 265.03 of this chapter, where such
56 machine gun or such firearm is possessed on school grounds, as that
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1 phrase is defined in subdivision fourteen of section 220.00 of this
2 chapter; or defined in this chapter as an attempt to commit murder in
3 the second degree or kidnapping in the first degree, or such conduct as
4 a sexually motivated felony, where authorized pursuant to section 130.91
5 of [the penal law] this chapter.
6 § 7. Subdivision 2 of section 30.00 of the penal law, as amended by
7 section 38 of part WWW of chapter 59 of the laws of 2017, is amended to
8 read as follows:
9 2. A person thirteen, fourteen or, fifteen years of age is criminally
10 responsible for acts constituting murder in the second degree as defined
11 in subdivisions one and two of section 125.25 and in subdivision three
12 of such section provided that the underlying crime for the murder charge
13 is one for which such person is criminally responsible or for such
14 conduct as a sexually motivated felony, where authorized pursuant to
15 section 130.91 of this chapter; and a person fourteen or, fifteen years
16 of age is criminally responsible for acts constituting the crimes
17 defined in section 135.25 (kidnapping in the first degree); 150.20
18 (arson in the first degree); subdivisions one and two of section 120.10
19 (assault in the first degree); 125.20 (manslaughter in the first
20 degree); [subdivisions one and] paragraphs (a) and (b) of subdivision
21 one, paragraphs (a) and (b) of subdivision two and paragraphs (a) and
22 (b) of subdivision three of section 130.35 (rape in the first degree);
23 subdivisions one and two of section 130.50 (criminal sexual act in the
24 first degree); 130.70 (aggravated sexual abuse in the first degree);
25 140.30 (burglary in the first degree); subdivision one of section 140.25
26 (burglary in the second degree); 150.15 (arson in the second degree);
27 160.15 (robbery in the first degree); subdivision two of section 160.10
28 (robbery in the second degree) of this chapter; or section 265.03 of
29 this chapter, where such machine gun or such firearm is possessed on
30 school grounds, as that phrase is defined in subdivision fourteen of
31 section 220.00 of this chapter; or defined in this chapter as an attempt
32 to commit murder in the second degree or kidnapping in the first degree,
33 or for such conduct as a sexually motivated felony, where authorized
34 pursuant to section 130.91 of this chapter.
35 § 8. Paragraph (b) of subdivision 2 of section 35.15 of the penal law,
36 as amended by chapter 511 of the laws of 2004, is amended to read as
37 follows:
38 (b) He or she reasonably believes that such other person is committing
39 or attempting to commit a kidnapping, forcible rape, [forcible criminal
40 sexual act] forcible aggravated sexual abuse, or robbery; or
41 § 9. Paragraph (c) of subdivision 1 of section 70.02 of the penal
42 law, as amended by chapter 134 of the laws of 2019, is amended to read
43 as follows:
44 (c) Class D violent felony offenses: an attempt to commit any of the
45 class C felonies set forth in paragraph (b); reckless assault of a child
46 as defined in section 120.02, assault in the second degree as defined in
47 section 120.05, menacing a police officer or peace officer as defined in
48 section 120.18, stalking in the first degree, as defined in subdivision
49 one of section 120.60, strangulation in the second degree as defined in
50 section 121.12, rape in the second degree as defined in section 130.30,
51 [criminal sexual act in the second degree as defined in section 130.45,]
52 sexual abuse in the first degree as defined in section 130.65, course of
53 sexual conduct against a child in the second degree as defined in
54 section 130.80, aggravated sexual abuse in the third degree as defined
55 in section 130.66, facilitating a sex offense with a controlled
56 substance as defined in section 130.90, labor trafficking as defined in
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1 paragraphs (a) and (b) of subdivision three of section 135.35, criminal
2 possession of a weapon in the third degree as defined in subdivision
3 five, six, seven, eight, nine or ten of section 265.02, criminal sale of
4 a firearm in the third degree as defined in section 265.11, intimidating
5 a victim or witness in the second degree as defined in section 215.16,
6 soliciting or providing support for an act of terrorism in the second
7 degree as defined in section 490.10, and making a terroristic threat as
8 defined in section 490.20, falsely reporting an incident in the first
9 degree as defined in section 240.60, placing a false bomb or hazardous
10 substance in the first degree as defined in section 240.62, placing a
11 false bomb or hazardous substance in a sports stadium or arena, mass
12 transportation facility or enclosed shopping mall as defined in section
13 240.63, aggravated unpermitted use of indoor pyrotechnics in the first
14 degree as defined in section 405.18, and criminal manufacture, sale, or
15 transport of an undetectable firearm, rifle or shotgun as defined in
16 section 265.50.
17 § 10. Paragraph b of subdivision 5 of section 120.40 of the penal law,
18 as amended by chapter 320 of the laws of 2006, is amended to read as
19 follows:
20 b. a crime defined in section 130.20, 130.25, 130.30, [130.40,
21 130.45,] 130.55, 130.60, 130.70, 255.25, 255.26 or 255.27;
22 § 11. Paragraph (d) of subdivision 2 and paragraph (h) of subdivision
23 3 of section 130.05 of the penal law, paragraph (d) of subdivision 2 as
24 amended by chapter 40 of the laws of 2004 and paragraph (h) of subdivi-
25 sion 3 as amended by section 2 of part G of chapter 501 of the laws of
26 2012, are amended to read as follows:
27 (d) Where the offense charged is rape in the third degree as defined
28 in [subdivision three] subdivision seven, eight or nine of section
29 130.25, [or criminal sexual act in the third degree as defined in subdi-
30 vision three of section 130.40,] in addition to forcible vaginal sexual
31 contact compulsion, circumstances under which, at the time of the act of
32 intercourse, oral sexual [conduct] contact or anal sexual [conduct]
33 contact, the victim clearly expressed that he or she did not consent to
34 engage in such act, and a reasonable person in the actor's situation
35 would have understood such person's words and acts as an expression of
36 lack of consent to such act under all the circumstances.
37 (h) a client or patient and the actor is a health care provider or
38 mental health care provider charged with rape in the third degree as
39 defined in section 130.25, [criminal sexual act in the third degree as
40 defined in section 130.40,] aggravated sexual abuse in the fourth degree
41 as defined in section 130.65-a, or sexual abuse in the third degree as
42 defined in section 130.55, and the act of sexual conduct occurs during a
43 treatment session, consultation, interview, or examination; or
44 § 12. The opening paragraph of subdivision 3 of section 125.25 of the
45 penal law, as amended by chapter 264 of the laws of 2003, is amended to
46 read as follows:
47 Acting either alone or with one or more other persons, he commits or
48 attempts to commit robbery, burglary, kidnapping, arson, rape in the
49 first degree, [criminal sexual act in the first degree,] sexual abuse in
50 the first degree, aggravated sexual abuse, escape in the first degree,
51 or escape in the second degree, and, in the course of and in furtherance
52 of such crime or of immediate flight therefrom, he, or another partic-
53 ipant, if there be any, causes the death of a person other than one of
54 the participants; except that in any prosecution under this subdivision,
55 in which the defendant was not the only participant in the underlying
56 crime, it is an affirmative defense that the defendant:
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1 § 13. Subdivision 5 of section 125.25 of the penal law, as amended by
2 chapter 320 of the laws of 2006, is amended to read as follows:
3 5. Being eighteen years old or more, while in the course of committing
4 rape in the first, second or third degree, [criminal sexual act in the
5 first, second or third degree,] sexual abuse in the first degree, aggra-
6 vated sexual abuse in the first, second, third or fourth degree, or
7 incest in the first, second or third degree, against a person less than
8 fourteen years old, he or she intentionally causes the death of such
9 person.
10 § 14. Subparagraph (vii) of paragraph (a) of subdivision 1 of section
11 125.27 of the penal law, as amended by chapter 264 of the laws of 2003,
12 is amended to read as follows:
13 (vii) the victim was killed while the defendant was in the course of
14 committing or attempting to commit and in furtherance of robbery,
15 burglary in the first degree or second degree, kidnapping in the first
16 degree, arson in the first degree or second degree, rape in the first
17 degree, [criminal sexual act in the first degree,] sexual abuse in the
18 first degree, aggravated sexual abuse in the first degree or escape in
19 the first degree, or in the course of and furtherance of immediate
20 flight after committing or attempting to commit any such crime or in the
21 course of and furtherance of immediate flight after attempting to commit
22 the crime of murder in the second degree; provided however, the victim
23 is not a participant in one of the aforementioned crimes and, provided
24 further that, unless the defendant's criminal liability under this
25 subparagraph is based upon the defendant having commanded another person
26 to cause the death of the victim or intended victim pursuant to section
27 20.00 of this chapter, this subparagraph shall not apply where the
28 defendant's criminal liability is based upon the conduct of another
29 pursuant to section 20.00 of this chapter; or
30 § 15. Subdivision 3 of section 130.10 of the penal law, as amended by
31 chapter 264 of the laws of 2003, is amended to read as follows:
32 3. In any prosecution for the crime of rape in the third degree as
33 defined in section 130.25, [criminal sexual act in the third degree as
34 defined in section 130.40,] aggravated sexual abuse in the fourth degree
35 as defined in section 130.65-a, or sexual abuse in the third degree as
36 defined in section 130.55 in which incapacity to consent is based on the
37 circumstances set forth in paragraph (h) of subdivision three of section
38 130.05 of this article it shall be an affirmative defense that the
39 client or patient consented to such conduct charged after having been
40 expressly advised by the health care or mental health care provider that
41 such conduct was not performed for a valid medical purpose.
42 § 16. The opening paragraph and subdivision 2 of section 130.95 of the
43 penal law, as added by chapter 107 of the laws of 2006, are amended to
44 read as follows:
45 A person is guilty of predatory sexual assault when he or she commits
46 the crime of rape in the first degree, [criminal sexual act in the first
47 degree,] aggravated sexual abuse in the first degree, or course of sexu-
48 al conduct against a child in the first degree, as defined in this arti-
49 cle, and when:
50 2. He or she has engaged in conduct constituting the crime of rape in
51 the first degree, [criminal sexual act in the first degree,] aggravated
52 sexual abuse in the first degree, or course of sexual conduct against a
53 child in the first degree, as defined in this article, against one or
54 more additional persons; or
55 § 17. The opening paragraph of section 130.96 of the penal law, as
56 added by chapter 107 of the laws of 2006, is amended to read as follows:
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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.
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1 § 19. Section 255.26 of the penal law, as added by chapter 320 of the
2 laws of 2006, is amended to read as follows:
3 § 255.26 Incest in the second degree.
4 A person is guilty of incest in the second degree when he or she
5 commits the crime of rape in the second degree, as defined in section
6 130.30 of this part, [or criminal sexual act in the second degree, as
7 defined in section 130.45 of this part,] against a person whom he or she
8 knows to be related to him or her, whether through marriage or not, as
9 an ancestor, descendant, brother or sister of either the whole or the
10 half blood, uncle, aunt, nephew or niece.
11 Incest in the second degree is a class D felony.
12 § 20. Section 255.27 of the penal law, as added by chapter 320 of the
13 laws of 2006, is amended to read as follows:
14 § 255.27 Incest in the first degree.
15 A person is guilty of incest in the first degree when he or she
16 commits the crime of rape in the first degree, as defined in paragraph
17 (c) or (d) of subdivision [three or four] one, paragraph (c) or (d) of
18 subdivision two or paragraph (c) or (d) of subdivision three of section
19 130.35 of this part[, or criminal sexual act in the first degree, as
20 defined in subdivision three or four of section 130.50 of this part,]
21 against a person whom he or she knows to be related to him or her,
22 whether through marriage or not, as an ancestor, descendant, brother or
23 sister of either the whole or half blood, uncle, aunt, nephew or niece.
24 Incest in the first degree is a class B felony.
25 § 21. Subdivision 3 of section 485.05 of the penal law, as amended by
26 section 3 of part R of chapter 55 of the laws of 2020, is amended to
27 read as follows:
28 3. A "specified offense" is an offense defined by any of the following
29 provisions of this chapter: section 120.00 (assault in the third
30 degree); section 120.05 (assault in the second degree); section 120.10
31 (assault in the first degree); section 120.12 (aggravated assault upon a
32 person less than eleven years old); section 120.13 (menacing in the
33 first degree); section 120.14 (menacing in the second degree); section
34 120.15 (menacing in the third degree); section 120.20 (reckless endan-
35 germent in the second degree); section 120.25 (reckless endangerment in
36 the first degree); section 121.12 (strangulation in the second degree);
37 section 121.13 (strangulation in the first degree); subdivision one of
38 section 125.15 (manslaughter in the second degree); subdivision one, two
39 or four of section 125.20 (manslaughter in the first degree); section
40 125.25 (murder in the second degree); section 120.45 (stalking in the
41 fourth degree); section 120.50 (stalking in the third degree); section
42 120.55 (stalking in the second degree); section 120.60 (stalking in the
43 first degree); paragraph (a) of subdivision one, paragraph (a) of subdi-
44 vision two and paragraph (a) of subdivision three of section 130.35
45 (rape in the first degree); subdivision one of section 130.50 (criminal
46 sexual act in the first degree); subdivision one of section 130.65
47 (sexual abuse in the first degree); paragraph (a) of subdivision one of
48 section 130.67 (aggravated sexual abuse in the second degree); paragraph
49 (a) of subdivision one of section 130.70 (aggravated sexual abuse in the
50 first degree); section 135.05 (unlawful imprisonment in the second
51 degree); section 135.10 (unlawful imprisonment in the first degree);
52 section 135.20 (kidnapping in the second degree); section 135.25
53 (kidnapping in the first degree); section 135.60 (coercion in the third
54 degree); section 135.61 (coercion in the second degree); section 135.65
55 (coercion in the first degree); section 140.10 (criminal trespass in the
56 third degree); section 140.15 (criminal trespass in the second degree);
A. 794--E 9
1 section 140.17 (criminal trespass in the first degree); section 140.20
2 (burglary in the third degree); section 140.25 (burglary in the second
3 degree); section 140.30 (burglary in the first degree); section 145.00
4 (criminal mischief in the fourth degree); section 145.05 (criminal
5 mischief in the third degree); section 145.10 (criminal mischief in the
6 second degree); section 145.12 (criminal mischief in the first degree);
7 section 150.05 (arson in the fourth degree); section 150.10 (arson in
8 the third degree); section 150.15 (arson in the second degree); section
9 150.20 (arson in the first degree); section 155.25 (petit larceny);
10 section 155.30 (grand larceny in the fourth degree); section 155.35
11 (grand larceny in the third degree); section 155.40 (grand larceny in
12 the second degree); section 155.42 (grand larceny in the first degree);
13 section 160.05 (robbery in the third degree); section 160.10 (robbery in
14 the second degree); section 160.15 (robbery in the first degree);
15 section 240.25 (harassment in the first degree); subdivision one, two or
16 four of section 240.30 (aggravated harassment in the second degree);
17 section 490.10 (soliciting or providing support for an act of terrorism
18 in the second degree); section 490.15 (soliciting or providing support
19 for an act of terrorism in the first degree); section 490.20 (making a
20 terroristic threat); section 490.25 (crime of terrorism); section 490.30
21 (hindering prosecution of terrorism in the second degree); section
22 490.35 (hindering prosecution of terrorism in the first degree); section
23 490.37 (criminal possession of a chemical weapon or biological weapon in
24 the third degree); section 490.40 (criminal possession of a chemical
25 weapon or biological weapon in the second degree); section 490.45 (crim-
26 inal possession of a chemical weapon or biological weapon in the first
27 degree); section 490.47 (criminal use of a chemical weapon or biological
28 weapon in the third degree); section 490.50 (criminal use of a chemical
29 weapon or biological weapon in the second degree); section 490.55 (crim-
30 inal use of a chemical weapon or biological weapon in the first degree);
31 or any attempt or conspiracy to commit any of the foregoing offenses.
32 § 22. Subdivision 42 of section 1.20 of the criminal procedure law, as
33 amended by chapter 7 of the laws of 2007, is amended to read as follows:
34 42. "Juvenile offender" means (1) a person, thirteen years old who is
35 criminally responsible for acts constituting murder in the second degree
36 as defined in subdivisions one and two of section 125.25 of the penal
37 law, or such conduct as a sexually motivated felony, where authorized
38 pursuant to section 130.91 of the penal law; and (2) a person fourteen
39 or fifteen years old who is criminally responsible for acts constituting
40 the crimes defined in subdivisions one and two of section 125.25 (murder
41 in the second degree) and in subdivision three of such section provided
42 that the underlying crime for the murder charge is one for which such
43 person is criminally responsible; section 135.25 (kidnapping in the
44 first degree); 150.20 (arson in the first degree); subdivisions one and
45 two of section 120.10 (assault in the first degree); 125.20 (manslaught-
46 er in the first degree); [subdivisions one and] paragraphs (a) and (b)
47 of subdivision one, paragraphs (a) and (b) of subdivision two and para-
48 graphs (a) and (b) of subdivision three of section 130.35 (rape in the
49 first degree); [subdivisions one and two of section 130.50 (criminal
50 sexual act in the first degree);] 130.70 (aggravated sexual abuse in the
51 first degree); 140.30 (burglary in the first degree); subdivision one of
52 section 140.25 (burglary in the second degree); 150.15 (arson in the
53 second degree); 160.15 (robbery in the first degree); subdivision two of
54 section 160.10 (robbery in the second degree) of the penal law; or
55 section 265.03 of the penal law, where such machine gun or such firearm
56 is possessed on school grounds, as that phrase is defined in subdivision
A. 794--E 10
1 fourteen of section 220.00 of the penal law; or defined in the penal law
2 as an attempt to commit murder in the second degree or kidnapping in the
3 first degree, or such conduct as a sexually motivated felony, where
4 authorized pursuant to section 130.91 of the penal law.
5 § 23. Paragraphs (a) and (b) of subdivision 1, the opening paragraph
6 of subdivision 2 and paragraph (a) of subdivision 3 of section 140.20 of
7 the criminal procedure law, paragraphs (a) and (b) of subdivision 1 as
8 amended by chapter 324 of the laws of 1988, the opening paragraph of
9 subdivision 2 and paragraph (a) of subdivision 3 as amended by chapter
10 550 of the laws of 1987, are amended to read as follows:
11 (a) If the arrest is for an offense other than a class A, B, C or D
12 felony or a violation of section 130.25, [130.40,] 205.10, 205.17,
13 205.19 or 215.56 of the penal law committed in a town, but not in a
14 village thereof having a village court, and the town court of such town
15 is not available at the time, the arrested person may be brought before
16 the local criminal court of any village within such town or, any adjoin-
17 ing town, village embraced in whole or in part by such adjoining town,
18 or city of the same county; and
19 (b) If the arrest is for an offense other than a class A, B, C or D
20 felony or a violation of section 130.25, [130.40,] 205.10, 205.17,
21 205.19 or 215.56 of the penal law committed in a village having a
22 village court and such court is not available at the time, the arrested
23 person may be brought before the town court of the town embracing such
24 village or any other village court within such town, or, if such town or
25 village court is not available either, before the local criminal court
26 of any adjoining town, village embraced in whole or in part by such
27 adjoining town, or city of the same county; and
28 If the arrest is for an offense other than a class A, B, C or D felony
29 or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or
30 215.56 of the penal law, the arrested person need not be brought before
31 a local criminal court as provided in subdivision one, and the procedure
32 may instead be as follows:
33 (a) the arrest is for an offense other than a class A, B, C or D felo-
34 ny or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or
35 215.56 of the penal law, and
36 § 24. Paragraph (a) of subdivision 3 and the opening paragraph of
37 subdivision 4 of section 140.27 of the criminal procedure law, as
38 amended by chapter 550 of the laws of 1987, are amended to read as
39 follows:
40 (a) the arrest is for an offense other than a class A, B, C or D felo-
41 ny or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or
42 215.56 of the penal law and
43 If the arrest is for an offense other than a class A, B, C or D felony
44 or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or
45 215.56 of the penal law, the arrested person need not be brought before
46 a local criminal court as provided in subdivision two, and the procedure
47 may instead be as follows:
48 § 25. Paragraph (a) of subdivision 2 and the opening paragraph of
49 subdivision 3 of section 140.40 of the criminal procedure law, as
50 amended by chapter 550 of the laws of 1987, are amended to read as
51 follows:
52 (a) the arrest is for an offense other than a class A, B, C or D felo-
53 ny or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or
54 215.56 of the penal law and
55 If the arrest is for an offense other than a class A, B, C or D felony
56 or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or
A. 794--E 11
1 215.56 of the penal law, the arrested person need not be brought before
2 a local criminal court, as provided in subdivision one, and the proce-
3 dure may instead be as follows:
4 § 26. Paragraph (a) of subdivision 1 of section 150.20 of the criminal
5 procedure law, as amended by section 1-a of part JJJ of chapter 59 of
6 the laws of 2019, is amended to read as follows:
7 (a) Whenever a police officer is authorized pursuant to section 140.10
8 of this title to arrest a person without a warrant for an offense other
9 than a class A, B, C or D felony or a violation of section 130.25,
10 [130.40,] 205.10, 205.17, 205.19 or 215.56 of the penal law, he shall,
11 except as set out in paragraph (b) of this subdivision, subject to the
12 provisions of subdivisions three and four of section 150.40 of this
13 title, instead issue to and serve upon such person an appearance ticket.
14 § 27. Subdivision (a) of section 190.71 of the criminal procedure law,
15 as amended by chapter 7 of the laws of 2007, is amended to read as
16 follows:
17 (a) Except as provided in subdivision six of section 200.20 of this
18 chapter, a grand jury may not indict (i) a person thirteen years of age
19 for any conduct or crime other than conduct constituting a crime defined
20 in subdivisions one and two of section 125.25 (murder in the second
21 degree) or such conduct as a sexually motivated felony, where authorized
22 pursuant to section 130.91 of the penal law; (ii) a person fourteen or
23 fifteen years of age for any conduct or crime other than conduct consti-
24 tuting a crime defined in subdivisions one and two of section 125.25
25 (murder in the second degree) and in subdivision three of such section
26 provided that the underlying crime for the murder charge is one for
27 which such person is criminally responsible; 135.25 (kidnapping in the
28 first degree); 150.20 (arson in the first degree); subdivisions one and
29 two of section 120.10 (assault in the first degree); 125.20 (manslaught-
30 er in the first degree); [subdivisions one and] paragraphs (a) and (b)
31 of subdivision one, paragraphs (a) and (b) of subdivision two and para-
32 graphs (a) and (b) of subdivision three of section 130.35 (rape in the
33 first degree); [subdivisions one and two of section 130.50 (criminal
34 sexual act in the first degree);] 130.70 (aggravated sexual abuse in the
35 first degree); 140.30 (burglary in the first degree); subdivision one of
36 section 140.25 (burglary in the second degree); 150.15 (arson in the
37 second degree); 160.15 (robbery in the first degree); subdivision two of
38 section 160.10 (robbery in the second degree) of the penal law; [subdi-
39 vision four of section 265.02 of the penal law, where such firearm is
40 possessed on school grounds, as that phrase is defined in subdivision
41 fourteen of section 220.00 of the penal law;] or section 265.03 of the
42 penal law, where such machine gun or such firearm is possessed on school
43 grounds, as that phrase is defined in subdivision fourteen of section
44 220.00 of the penal law; or defined in the penal law as an attempt to
45 commit murder in the second degree or kidnapping in the first degree, or
46 such conduct as a sexually motivated felony, where authorized pursuant
47 to section 130.91 of the penal law.
48 § 28. Subdivision 4 of section 722.20 of the criminal procedure law,
49 as added by section 1-a of part WWW of chapter 59 of the laws of 2017,
50 is amended to read as follows:
51 4. Notwithstanding the provisions of subdivisions two and three of
52 this section, the court shall, at the request of the district attorney,
53 order removal of an action against a juvenile offender to the family
54 court pursuant to the provisions of article seven hundred twenty-five of
55 this title if, upon consideration of the criteria specified in subdivi-
56 sion two of section 722.22 of this article, it is determined that to do
A. 794--E 12
1 so would be in the interests of justice. Where, however, the felony
2 complaint charges the juvenile offender with murder in the second degree
3 as defined in section 125.25 of the penal law, rape in the first degree
4 as defined in paragraph (a) of subdivision one, paragraph (a) of subdi-
5 vision two and paragraph (a) of subdivision three of section 130.35 of
6 the penal law, [criminal sexual act in the first degree as defined in
7 subdivision one of section 130.50 of the penal law,] or an armed felony
8 as defined in paragraph (a) of subdivision forty-one of section 1.20 of
9 this chapter, a determination that such action be removed to the family
10 court shall, in addition, be based upon a finding of one or more of the
11 following factors: (i) mitigating circumstances that bear directly upon
12 the manner in which the crime was committed; or (ii) where the defendant
13 was not the sole participant in the crime, the defendant's participation
14 was relatively minor although not so minor as to constitute a defense to
15 the prosecution; or (iii) possible deficiencies in proof of the crime.
16 § 29. Subdivision 5 of section 722.21 of the criminal procedure law,
17 as added by section 1-a of part WWW of chapter 59 of the laws of 2017,
18 is amended to read as follows:
19 5. Notwithstanding subdivisions two and three of this section, at the
20 request of the district attorney, the court shall order removal of an
21 action against an adolescent offender charged with an offense listed in
22 paragraph (a) of subdivision two of section 722.23 of this article, to
23 the family court pursuant to the provisions of article seven hundred
24 twenty-five of this title and upon consideration of the criteria speci-
25 fied in subdivision two of section 722.22 of this article, it is deter-
26 mined that to do so would be in the interests of justice. Where, howev-
27 er, the felony complaint charges the adolescent offender with murder in
28 the second degree as defined in section 125.25 of the penal law, rape in
29 the first degree as defined in paragraph (a) of subdivision one, para-
30 graph (a) of subdivision two and paragraph (a) of subdivision three of
31 section 130.35 of the penal law, [criminal sexual act in the first
32 degree as defined in subdivision one of section 130.50 of the penal
33 law,] or an armed felony as defined in paragraph (a) of subdivision
34 forty-one of section 1.20 of this chapter, a determination that such
35 action be removed to the family court shall, in addition, be based upon
36 a finding of one or more of the following factors: (i) mitigating
37 circumstances that bear directly upon the manner in which the crime was
38 committed; or (ii) where the defendant was not the sole participant in
39 the crime, the defendant's participation was relatively minor although
40 not so minor as to constitute a defense to the prosecution; or (iii)
41 possible deficiencies in proof of the crime.
42 § 30. Paragraph (b) of subdivision 1 of section 722.22 of the criminal
43 procedure law, as added by section 1-a of part WWW of chapter 59 of the
44 laws of 2017, is amended to read as follows:
45 (b) with the consent of the district attorney, order removal of an
46 action involving an indictment charging a juvenile offender with murder
47 in the second degree as defined in section 125.25 of the penal law; rape
48 in the first degree, as defined in paragraph (a) of subdivision one,
49 paragraph (a) of subdivision two and paragraph (a) of subdivision three
50 of section 130.35 of the penal law[; criminal sexual act in the first
51 degree, as defined in subdivision one of section 130.50 of the penal
52 law]; or an armed felony as defined in paragraph (a) of subdivision
53 forty-one of section 1.20 of this chapter, to the family court pursuant
54 to the provisions of article seven hundred twenty-five of this title if
55 the court finds one or more of the following factors: (i) mitigating
56 circumstances that bear directly upon the manner in which the crime was
A. 794--E 13
1 committed; (ii) where the defendant was not the sole participant in the
2 crime, the defendant's participation was relatively minor although not
3 so minor as to constitute a defense to the prosecution; or (iii) possi-
4 ble deficiencies in the proof of the crime, and, after consideration of
5 the factors set forth in subdivision two of this section, the court
6 determined that removal of the action to the family court would be in
7 the interests of justice.
8 § 31. Subparagraph (iii) of paragraph (g) of subdivision 5 of section
9 220.10 of the criminal procedure law, as amended by chapter 264 of the
10 laws of 2003, is amended to read as follows:
11 (iii) Where the indictment does not charge a crime specified in
12 subparagraph (i) of this paragraph, the district attorney may recommend
13 removal of the action to the family court. Upon making such recommenda-
14 tion the district attorney shall submit a subscribed memorandum setting
15 forth: (1) a recommendation that the interests of justice would best be
16 served by removal of the action to the family court; and (2) if the
17 indictment charges a thirteen year old with the crime of murder in the
18 second degree, or a fourteen or fifteen year old with the crimes of rape
19 in the first degree as defined in paragraph (a) of subdivision one,
20 paragraph (a) of subdivision two and paragraph (a) of subdivision three
21 of section 130.35 of the penal law, [or criminal sexual act in the first
22 degree as defined in subdivision one of section 130.50 of the penal
23 law,] or an armed felony as defined in paragraph (a) of subdivision
24 forty-one of section 1.20 of this chapter specific factors, one or more
25 of which reasonably supports the recommendation, showing, (i) mitigating
26 circumstances that bear directly upon the manner in which the crime was
27 committed, or (ii) where the defendant was not the sole participant in
28 the crime, that the defendant's participation was relatively minor
29 although not so minor as to constitute a defense to the prosecution, or
30 (iii) possible deficiencies in proof of the crime, or (iv) where the
31 juvenile offender has no previous adjudications of having committed a
32 designated felony act, as defined in subdivision eight of section 301.2
33 of the family court act, regardless of the age of the offender at the
34 time of commission of the act, that the criminal act was not part of a
35 pattern of criminal behavior and, in view of the history of the offen-
36 der, is not likely to be repeated.
37 § 32. Subdivision 6 of section 300.50 of the criminal procedure law,
38 as amended by chapter 264 of the laws of 2003, is amended to read as
39 follows:
40 6. For purposes of this section, the offenses of rape in the third
41 degree as defined in [subdivision three] subdivisions seven, eight and
42 nine of section 130.25 of the penal law [and criminal sexual act in the
43 third degree as defined in subdivision three of section 130.40 of the
44 penal law], are not lesser included offenses of rape in the first
45 degree[, criminal sexual act in the first degree] or any other offense.
46 Notwithstanding the foregoing, [either] any such offense may be submit-
47 ted as a lesser included offense of the applicable first degree offense
48 when (i) there is a reasonable view of the evidence which would support
49 a finding that the defendant committed such lesser offense but did not
50 commit the greater offense, and (ii) both parties consent to its
51 submission.
52 § 32-a. Subdivision 6 of section 380.50 of the criminal procedure law,
53 as separately amended by chapters 368 and 394 of the laws of 2015, is
54 amended to read as follows:
55 6. Regardless of whether the victim requests to make a statement with
56 regard to the defendant's sentence, where the defendant is sentenced for
A. 794--E 14
1 a violent felony offense as defined in section 70.02 of the penal law or
2 a felony defined in article one hundred twenty-five of such law or any
3 of the following provisions of such law sections 130.25, 130.30,
4 [130.40, 130.45,] 255.25, 255.26, 255.27, article two hundred sixty-
5 three, 135.10, 135.25, 230.05, 230.06, 230.11, 230.12, 230.13, subdivi-
6 sion two of section 230.30 or 230.32, the prosecutor shall, within sixty
7 days of the imposition of sentence, provide the victim with a form,
8 prepared and distributed by the commissioner of the division of criminal
9 justice services, in consultation with the director of the office of
10 victim services, on which the victim may indicate a demand to be
11 informed of any petition to change the name of such defendant. Such
12 forms shall be maintained by such prosecutor. Upon receipt of a notice
13 of a petition to change the name of any such defendant, pursuant to
14 subdivision two of section sixty-two of the civil rights law, the prose-
15 cutor shall promptly notify the victim at the most current address or
16 telephone number provided by such victim in the most reasonable and
17 expedient possible manner of the time and place such petition will be
18 presented to the court.
19 § 33. Paragraph (b) of subdivision 8 of section 700.05 of the crimi-
20 nal procedure law, as amended by chapter 134 of the laws of 2019, is
21 amended to read as follows:
22 (b) Any of the following felonies: assault in the second degree as
23 defined in section 120.05 of the penal law, assault in the first degree
24 as defined in section 120.10 of the penal law, reckless endangerment in
25 the first degree as defined in section 120.25 of the penal law, promot-
26 ing a suicide attempt as defined in section 120.30 of the penal law,
27 strangulation in the second degree as defined in section 121.12 of the
28 penal law, strangulation in the first degree as defined in section
29 121.13 of the penal law, criminally negligent homicide as defined in
30 section 125.10 of the penal law, manslaughter in the second degree as
31 defined in section 125.15 of the penal law, manslaughter in the first
32 degree as defined in section 125.20 of the penal law, murder in the
33 second degree as defined in section 125.25 of the penal law, murder in
34 the first degree as defined in section 125.27 of the penal law, rape in
35 the third degree as defined in section 130.25 of the penal law, rape in
36 the second degree as defined in section 130.30 of the penal law, rape in
37 the first degree as defined in section 130.35 of the penal law, [crimi-
38 nal sexual act in the third degree as defined in section 130.40 of the
39 penal law, criminal sexual act in the second degree as defined in
40 section 130.45 of the penal law, criminal sexual act in the first degree
41 as defined in section 130.50 of the penal law,] sexual abuse in the
42 first degree as defined in section 130.65 of the penal law, unlawful
43 imprisonment in the first degree as defined in section 135.10 of the
44 penal law, kidnapping in the second degree as defined in section 135.20
45 of the penal law, kidnapping in the first degree as defined in section
46 135.25 of the penal law, labor trafficking as defined in section 135.35
47 of the penal law, aggravated labor trafficking as defined in section
48 135.37 of the penal law, custodial interference in the first degree as
49 defined in section 135.50 of the penal law, coercion in the first degree
50 as defined in section 135.65 of the penal law, criminal trespass in the
51 first degree as defined in section 140.17 of the penal law, burglary in
52 the third degree as defined in section 140.20 of the penal law, burglary
53 in the second degree as defined in section 140.25 of the penal law,
54 burglary in the first degree as defined in section 140.30 of the penal
55 law, criminal mischief in the third degree as defined in section 145.05
56 of the penal law, criminal mischief in the second degree as defined in
A. 794--E 15
1 section 145.10 of the penal law, criminal mischief in the first degree
2 as defined in section 145.12 of the penal law, criminal tampering in the
3 first degree as defined in section 145.20 of the penal law, arson in the
4 fourth degree as defined in section 150.05 of the penal law, arson in
5 the third degree as defined in section 150.10 of the penal law, arson in
6 the second degree as defined in section 150.15 of the penal law, arson
7 in the first degree as defined in section 150.20 of the penal law, grand
8 larceny in the fourth degree as defined in section 155.30 of the penal
9 law, grand larceny in the third degree as defined in section 155.35 of
10 the penal law, grand larceny in the second degree as defined in section
11 155.40 of the penal law, grand larceny in the first degree as defined in
12 section 155.42 of the penal law, health care fraud in the fourth degree
13 as defined in section 177.10 of the penal law, health care fraud in the
14 third degree as defined in section 177.15 of the penal law, health care
15 fraud in the second degree as defined in section 177.20 of the penal
16 law, health care fraud in the first degree as defined in section 177.25
17 of the penal law, robbery in the third degree as defined in section
18 160.05 of the penal law, robbery in the second degree as defined in
19 section 160.10 of the penal law, robbery in the first degree as defined
20 in section 160.15 of the penal law, unlawful use of secret scientific
21 material as defined in section 165.07 of the penal law, criminal
22 possession of stolen property in the fourth degree as defined in section
23 165.45 of the penal law, criminal possession of stolen property in the
24 third degree as defined in section 165.50 of the penal law, criminal
25 possession of stolen property in the second degree as defined by section
26 165.52 of the penal law, criminal possession of stolen property in the
27 first degree as defined by section 165.54 of the penal law, trademark
28 counterfeiting in the second degree as defined in section 165.72 of the
29 penal law, trademark counterfeiting in the first degree as defined in
30 section 165.73 of the penal law, forgery in the second degree as defined
31 in section 170.10 of the penal law, forgery in the first degree as
32 defined in section 170.15 of the penal law, criminal possession of a
33 forged instrument in the second degree as defined in section 170.25 of
34 the penal law, criminal possession of a forged instrument in the first
35 degree as defined in section 170.30 of the penal law, criminal
36 possession of forgery devices as defined in section 170.40 of the penal
37 law, falsifying business records in the first degree as defined in
38 section 175.10 of the penal law, tampering with public records in the
39 first degree as defined in section 175.25 of the penal law, offering a
40 false instrument for filing in the first degree as defined in section
41 175.35 of the penal law, issuing a false certificate as defined in
42 section 175.40 of the penal law, criminal diversion of prescription
43 medications and prescriptions in the second degree as defined in section
44 178.20 of the penal law, criminal diversion of prescription medications
45 and prescriptions in the first degree as defined in section 178.25 of
46 the penal law, residential mortgage fraud in the fourth degree as
47 defined in section 187.10 of the penal law, residential mortgage fraud
48 in the third degree as defined in section 187.15 of the penal law, resi-
49 dential mortgage fraud in the second degree as defined in section 187.20
50 of the penal law, residential mortgage fraud in the first degree as
51 defined in section 187.25 of the penal law, escape in the second degree
52 as defined in section 205.10 of the penal law, escape in the first
53 degree as defined in section 205.15 of the penal law, absconding from
54 temporary release in the first degree as defined in section 205.17 of
55 the penal law, promoting prison contraband in the first degree as
56 defined in section 205.25 of the penal law, hindering prosecution in the
A. 794--E 16
1 second degree as defined in section 205.60 of the penal law, hindering
2 prosecution in the first degree as defined in section 205.65 of the
3 penal law, sex trafficking as defined in section 230.34 of the penal
4 law, sex trafficking of a child as defined in section 230.34-a of the
5 penal law, criminal possession of a weapon in the third degree as
6 defined in subdivisions two, three and five of section 265.02 of the
7 penal law, criminal possession of a weapon in the second degree as
8 defined in section 265.03 of the penal law, criminal possession of a
9 weapon in the first degree as defined in section 265.04 of the penal
10 law, manufacture, transport, disposition and defacement of weapons and
11 dangerous instruments and appliances defined as felonies in subdivisions
12 one, two, and three of section 265.10 of the penal law, sections 265.11,
13 265.12 and 265.13 of the penal law, or prohibited use of weapons as
14 defined in subdivision two of section 265.35 of the penal law, relating
15 to firearms and other dangerous weapons, criminal manufacture, sale or
16 transport of an undetectable firearm, rifle or shotgun as defined in
17 section 265.50 of the penal law, or failure to disclose the origin of a
18 recording in the first degree as defined in section 275.40 of the penal
19 law;
20 § 34. Paragraph (a) of subdivision 2 of section 720.10 of the criminal
21 procedure law, as amended by chapter 316 of the laws of 2006, is amended
22 to read as follows:
23 (a) the conviction to be replaced by a youthful offender finding is
24 for (i) a class A-I or class A-II felony, or (ii) an armed felony as
25 defined in subdivision forty-one of section 1.20, except as provided in
26 subdivision three, or (iii) rape in the first degree[, criminal sexual
27 act in the first degree,] or aggravated sexual abuse, except as provided
28 in subdivision three, or
29 § 35. Paragraph (a) of subdivision 2 and paragraph (a) of subdivision
30 3 of section 168-a of the correction law, paragraph (a) of subdivision 2
31 as amended by chapter 405 of the laws of 2008, subparagraph (i) of para-
32 graph (a) of subdivision 2 as amended by chapter 189 of the laws of 2018
33 and paragraph (a) of subdivision 3 as amended by chapter 107 of the laws
34 of 2006, are amended to read as follows:
35 (a) (i) a conviction of or a conviction for an attempt to commit any
36 of the provisions of sections 120.70, 130.20, 130.25, 130.30, [130.40,
37 130.45,] 130.60, 230.34, 230.34-a 250.50, 255.25, 255.26 and 255.27 or
38 article two hundred sixty-three of the penal law, or section 135.05,
39 135.10, 135.20 or 135.25 of such law relating to kidnapping offenses,
40 provided the victim of such kidnapping or related offense is less than
41 seventeen years old and the offender is not the parent of the victim, or
42 section 230.04, where the person patronized is in fact less than seven-
43 teen years of age, 230.05, 230.06, 230.11, 230.12, 230.13, subdivision
44 two of section 230.30, section 230.32, 230.33, or 230.34 of the penal
45 law, or section 230.25 of the penal law where the person prostituted is
46 in fact less than seventeen years old, or (ii) a conviction of or a
47 conviction for an attempt to commit any of the provisions of section
48 235.22 of the penal law, or (iii) a conviction of or a conviction for an
49 attempt to commit any provisions of the foregoing sections committed or
50 attempted as a hate crime defined in section 485.05 of the penal law or
51 as a crime of terrorism defined in section 490.25 of such law or as a
52 sexually motivated felony defined in section 130.91 of such law; or
53 (a) (i) a conviction of or a conviction for an attempt to commit any
54 of the provisions of sections 130.35, [130.50,] 130.65, 130.66, 130.67,
55 130.70, 130.75, 130.80, 130.95 and 130.96 of the penal law, or (ii) a
56 conviction of or a conviction for an attempt to commit any of the
A. 794--E 17
1 provisions of sections 130.53, 130.65-a and 130.90 of the penal law, or
2 (iii) a conviction of or a conviction for an attempt to commit any
3 provisions of the foregoing sections committed or attempted as a hate
4 crime defined in section 485.05 of the penal law or as a crime of
5 terrorism defined in section 490.25 of such law; or
6 § 36. Subparagraph (ii) of paragraph (a), subparagraphs (i) and (ii)
7 of paragraph (b) and paragraph (e) of subdivision 8 of section 384-b of
8 the social services law, subparagraph (ii) of paragraph (a) and subpara-
9 graph (i) of paragraph (b) as amended by chapter 430 of the laws of
10 2013, subparagraph (ii) of paragraph (b) as amended and paragraph (e) as
11 added by chapter 7 of the laws of 1999, are amended to read as follows:
12 (ii) the child has been found to be an abused child, as defined in
13 paragraph (iii) of subdivision (e) of section ten hundred twelve of the
14 family court act, as a result of such parent's acts; provided, however,
15 the respondent must have committed or knowingly allowed to be committed
16 a felony sex offense as defined in sections 130.25, 130.30, 130.35,
17 [130.40, 130.45, 130.50,] 130.65, 130.67, 130.70, 130.75, 130.80, 130.95
18 and 130.96 of the penal law and, for the purposes of this section the
19 corroboration requirements contained in the penal law shall not apply to
20 proceedings under this section; or
21 (i) the child has been found to be an abused child, (A) as defined in
22 paragraph (i) of subdivision (e) of section ten hundred twelve of the
23 family court act, as a result of such parent's acts; or (B) as defined
24 in paragraph (iii) of subdivision (e) of section ten hundred twelve of
25 the family court act, as a result of such parent's acts; provided,
26 however, the respondent must have committed or knowingly allowed to be
27 committed a felony sex offense as defined in sections 130.25, 130.30,
28 130.35, [130.40, 130.45, 130.50,] 130.65, 130.67, 130.70, 130.75,
29 130.80, 130.95 and 130.96 of the penal law; and
30 (ii) (A) the child or another child for whose care such parent is or
31 has been legally responsible has been previously found, within the five
32 years immediately preceding the initiation of the proceeding in which
33 such abuse is found, to be an abused child, as defined in paragraph (i)
34 or (iii) of subdivision (e) of section ten hundred twelve of the family
35 court act, as a result of such parent's acts; provided, however, in the
36 case of a finding of abuse as defined in paragraph (iii) of subdivision
37 (e) of section ten hundred twelve of the family court act the respondent
38 must have committed or knowingly allowed to be committed a felony sex
39 offense as defined in sections 130.25, 130.30, 130.35, [130.40, 130.45,
40 130.50,] 130.65, 130.67, 130.70, 130.75 and 130.80 of the penal law, or
41 (B) the parent has been convicted of a crime under section 130.25,
42 130.30, 130.35, [130.40, 130.45, 130.50,] 130.65, 130.67, 130.70, 130.75
43 or 130.80 of the penal law against the child, a sibling of the child or
44 another child for whose care such parent is or has been legally respon-
45 sible, within the five year period immediately preceding the initiation
46 of the proceeding in which abuse is found; and
47 (e) A determination by the court in accordance with article ten of the
48 family court act based upon clear and convincing evidence that a child
49 was abused (A) as defined in paragraph (i) of subdivision (e) of section
50 ten hundred twelve of the family court act, as a result of such parent's
51 acts; or (B) as defined in paragraph (iii) of subdivision (e) of section
52 ten hundred twelve of the family court act, as a result of such parent's
53 acts; provided, however, the respondent must have committed or knowingly
54 allowed to be committed a felony sex offense as defined in sections
55 130.25, 130.30, 130.35, [130.40, 130.45, 130.50,] 130.65, 130.67,
56 130.70, 130.75 and 130.80 of the penal law shall establish that the
A. 794--E 18
1 child was an abused child for the purpose of a determination as required
2 by subparagraph (i) or (ii) of paragraph (b) of this subdivision. Such a
3 determination by the court in accordance with article ten of the family
4 court act based upon a fair preponderance of evidence shall be admissi-
5 ble in any proceeding commenced in accordance with this section.
6 § 37. Paragraphs (a) and (b) of subdivision 4 of section 509-cc of the
7 vehicle and traffic law, paragraph (a) as amended by chapter 189 of the
8 laws of 2018 and paragraph (b) as amended by chapter 400 of the laws of
9 2011, are amended to read as follows:
10 (a) The offenses referred to in subparagraph (ii) of paragraph (a) of
11 subdivision one and paragraph (a) of subdivision two of this section
12 that result in permanent disqualification shall include a conviction
13 under sections 125.12, 125.13, 125.14, 125.15, 125.20, 125.21, 125.22,
14 125.25, 125.26, 125.27, 130.30, 130.35, [130.45, 130.50,] 130.65,
15 130.66, 130.67, 130.70, 130.75, 130.80, 130.90, 130.95, 130.96, 135.25,
16 150.20, 230.30, 230.32, 230.34, 230.34-a, 235.22, 263.05, 263.10,
17 263.11, 263.15, 263.16 of the penal law or an attempt to commit any of
18 the aforesaid offenses under section 110.00 of the penal law, or any
19 offenses committed under a former section of the penal law which would
20 constitute violations of the aforesaid sections of the penal law, or any
21 offenses committed outside this state which would constitute violations
22 of the aforesaid sections of the penal law.
23 (b) The offenses referred to in subparagraph (ii) of paragraph (a) of
24 subdivision one and paragraph (b) of subdivision two of this section
25 that result in permanent disqualification shall include a conviction
26 under sections 100.13, 105.15, 105.17, 115.08, 120.12, 120.70, 125.10,
27 125.11, [130.40,] 130.53, 130.60, 130.65-a, 135.20, 160.15, 220.18,
28 220.21, 220.39, 220.41, 220.43, 220.44, 230.25, 260.00, 265.04 of the
29 penal law or an attempt to commit any of the aforesaid offenses under
30 section 110.00 of the penal law, or any offenses committed under a
31 former section of the penal law which would constitute violations of the
32 aforesaid sections of the penal law, or any offenses committed outside
33 this state which would constitute violations of the aforesaid sections
34 of the penal law.
35 § 38. Subdivision (b) of section 117 of the family court act, as
36 amended by chapter 7 of the laws of 2007, is amended to read as follows:
37 (b) For every juvenile delinquency proceeding under article three
38 involving an allegation of an act committed by a person which, if done
39 by an adult, would be a crime (i) defined in sections 125.27 (murder in
40 the first degree); 125.25 (murder in the second degree); 135.25 (kidnap-
41 ping in the first degree); or 150.20 (arson in the first degree) of the
42 penal law committed by a person thirteen, fourteen or fifteen years of
43 age; or such conduct committed as a sexually motivated felony, where
44 authorized pursuant to section 130.91 of the penal law; (ii) defined in
45 sections 120.10 (assault in the first degree); 125.20 (manslaughter in
46 the first degree); 130.35 (rape in the first degree); [130.50 (criminal
47 sexual act in the first degree);] 135.20 (kidnapping in the second
48 degree), but only where the abduction involved the use or threat of use
49 of deadly physical force; 150.15 (arson in the second degree); or 160.15
50 (robbery in the first degree) of the penal law committed by a person
51 thirteen, fourteen or fifteen years of age; or such conduct committed as
52 a sexually motivated felony, where authorized pursuant to section 130.91
53 of the penal law; (iii) defined in the penal law as an attempt to commit
54 murder in the first or second degree or kidnapping in the first degree
55 committed by a person thirteen, fourteen or fifteen years of age; or
56 such conduct committed as a sexually motivated felony, where authorized
A. 794--E 19
1 pursuant to section 130.91 of the penal law; (iv) defined in section
2 140.30 (burglary in the first degree); subdivision one of section 140.25
3 (burglary in the second degree); subdivision two of section 160.10
4 (robbery in the second degree) of the penal law; or section 265.03 of
5 the penal law, where such machine gun or such firearm is possessed on
6 school grounds, as that phrase is defined in subdivision fourteen of
7 section 220.00 of the penal law committed by a person fourteen or
8 fifteen years of age; or such conduct committed as a sexually motivated
9 felony, where authorized pursuant to section 130.91 of the penal law;
10 (v) defined in section 120.05 (assault in the second degree) or 160.10
11 (robbery in the second degree) of the penal law committed by a person
12 fourteen or fifteen years of age but only where there has been a prior
13 finding by a court that such person has previously committed an act
14 which, if committed by an adult, would be the crime of assault in the
15 second degree, robbery in the second degree or any designated felony act
16 specified in clause (i), (ii) or (iii) of this subdivision regardless of
17 the age of such person at the time of the commission of the prior act;
18 or (vi) other than a misdemeanor, committed by a person at least seven
19 but less than sixteen years of age, but only where there has been two
20 prior findings by the court that such person has committed a prior act
21 which, if committed by an adult would be a felony:
22 (i) There is hereby established in the family court in the city of New
23 York at least one "designated felony act part." Such part or parts shall
24 be held separate from all other proceedings of the court, and shall have
25 jurisdiction over all proceedings involving such an allegation. All such
26 proceedings shall be originated in or be transferred to this part from
27 other parts as they are made known to the court.
28 (ii) Outside the city of New York, all proceedings involving such an
29 allegation shall have a hearing preference over every other proceeding
30 in the court, except proceedings under article ten.
31 § 39. Paragraph (ii) of subdivision 8 of section 301.2 of the family
32 court act, as amended by section 57 of part WWW of chapter 59 of the
33 laws of 2017, is amended to read as follows:
34 (ii) defined in sections 120.10 (assault in the first degree); 125.20
35 (manslaughter in the first degree); 130.35 (rape in the first degree);
36 [130.50 (criminal sexual act in the first degree);] 130.70 (aggravated
37 sexual abuse in the first degree); 135.20 (kidnapping in the second
38 degree) but only where the abduction involved the use or threat of use
39 of deadly physical force; 150.15 (arson in the second degree) or 160.15
40 (robbery in the first degree) of the penal law committed by a person
41 thirteen, fourteen, fifteen, or sixteen, or, commencing October first,
42 two thousand nineteen, seventeen years of age; or such conduct committed
43 as a sexually motivated felony, where authorized pursuant to section
44 130.91 of the penal law;
45 § 40. Subdivision 4 of section 308.1 of the family court act, as
46 amended by chapter 264 of the laws of 2003, is amended to read as
47 follows:
48 4. The probation service shall not adjust a case in which the child
49 has allegedly committed a delinquent act which would be a crime defined
50 in section 120.25, (reckless endangerment in the first degree), subdivi-
51 sion one of section 125.15, (manslaughter in the second degree), [subdi-
52 vision] subdivisions one, two and three of section 130.25, (rape in the
53 third degree), [subdivision one of section 130.40, (criminal sexual act
54 in the third degree),] subdivision one or two of section 130.65, (sexual
55 abuse in the first degree), section 135.65, (coercion in the first
56 degree), section 140.20, (burglary in the third degree), section 150.10,
A. 794--E 20
1 (arson in the third degree), section 160.05, (robbery in the third
2 degree), subdivision two, three or four of section 265.02, (criminal
3 possession of a weapon in the third degree), section 265.03, (criminal
4 possession of a weapon in the second degree), or section 265.04, (crimi-
5 nal possession of a dangerous weapon in the first degree) of the penal
6 law where the child has previously had one or more adjustments of a case
7 in which such child allegedly committed an act which would be a crime
8 specified in this subdivision unless it has received written approval
9 from the court and the appropriate presentment agency.
10 § 41. Subdivision (c) of section 1052 of the family court act, as
11 added by chapter 739 of the laws of 1981, is amended to read as follows:
12 (c) Prior to granting an order of disposition pursuant to subdivision
13 (a) of this section following an adjudication of child abuse, as defined
14 in paragraph (i) of subdivision (e) of section ten hundred twelve of
15 this act or a finding of a felony sex offense as defined in sections
16 130.25, 130.30, 130.35, [130.40, 130.45, 130.50,] 130.65 and 130.70 of
17 the penal law, the court shall advise the respondent that any subsequent
18 adjudication of child abuse, as defined in paragraph (i) of subdivision
19 (e) of section one thousand twelve of this act or any subsequent finding
20 of a felony sex offense as defined in those sections of the penal law
21 herein enumerated, arising out of acts of the respondent may result in
22 the commitment of the guardianship and custody of the child or another
23 child pursuant to section three hundred eighty-four-b of the social
24 services law. The order in such cases shall contain a statement that any
25 subsequent adjudication of child abuse or finding of a felony sex
26 offense as described herein may result in the commitment of the guardi-
27 anship and custody of the child, or another child pursuant to section
28 three hundred eighty-four-b of the social services law.
29 § 42. Subdivision 2 of section 61 of the civil rights law, as amended
30 by section 54 of subpart B of part C of chapter 62 of the laws of 2011,
31 is amended to read as follows:
32 2. If the petitioner stands convicted of a violent felony offense as
33 defined in section 70.02 of the penal law or a felony defined in article
34 one hundred twenty-five of such law or any of the following provisions
35 of such law sections 130.25, 130.30, [130.40, 130.45,] 255.25, 255.26,
36 255.27, article two hundred sixty-three, 135.10, 135.25, 230.05, 230.06,
37 subdivision two of section 230.30 or 230.32, and is currently confined
38 as an inmate in any correctional facility or currently under the super-
39 vision of the department of corrections and community supervision or a
40 county probation department as a result of such conviction, the petition
41 shall for each such conviction specify such felony conviction, the date
42 of such conviction or convictions, and the court in which such
43 conviction or convictions were entered.
44 § 43. Subdivision 2 of section 62 of the civil rights law, as amended
45 by section 55 of subpart B of part C of chapter 62 of the laws of 2011,
46 is amended to read as follows:
47 2. If the petition be to change the name of a person currently
48 confined as an inmate in any correctional facility or currently under
49 the supervision of the department of corrections and community super-
50 vision or a county probation department as a result of a conviction for
51 a violent felony offense as defined in section 70.02 of the penal law or
52 a felony defined in article one hundred twenty-five of such law or any
53 of the following provisions of such law sections 130.25, 130.30,
54 [130.40, 130.45,] 255.25, 255.26, 255.27, article two hundred sixty-
55 three, 135.10, 135.25, 230.05, 230.06, subdivision two of section 230.30
56 or 230.32, notice of the time and place when and where the petition will
A. 794--E 21
1 be presented shall be served, in like manner as a notice of a motion
2 upon an attorney in an action, upon the district attorney of every coun-
3 ty in which such person has been convicted of such felony and upon the
4 court or courts in which the sentence for such felony was entered.
5 Unless a shorter period of time is ordered by the court, said notice
6 shall be served upon each such district attorney and court or courts not
7 less than sixty days prior to the date on which such petition is noticed
8 to be heard.
9 § 44. The closing paragraph of section 64 of the civil rights law, as
10 separately amended by chapters 258, 320 and 481 of the laws of 2006, is
11 amended to read as follows:
12 Upon compliance with the order and the filing of the affidavit of the
13 publication, as provided in this section, the clerk of the court in
14 which the order has been entered shall certify that the order has been
15 complied with; and, if the petition states that the petitioner stands
16 convicted of a violent felony offense as defined in section 70.02 of the
17 penal law or a felony defined in article one hundred twenty-five of such
18 law or any of the following provisions of such law sections 130.25,
19 130.30, [130.40, 130.45,] 255.25, 255.26, 255.27, article two hundred
20 sixty-three, 135.10, 135.25, 230.05, 230.06, subdivision two of section
21 230.30 or 230.32, such clerk (1) shall deliver, by first class mail, a
22 copy of such certified order to the division of criminal justice
23 services at its office in the county of Albany and (2) upon the clerk of
24 the court reviewing the petitioner's application for name change and
25 subsequent in-court inquiry, may, in the clerk's discretion, deliver, by
26 first class mail, the petitioner's new name with such certified order to
27 the court of competent jurisdiction which imposed the orders of support.
28 Such certification shall appear on the original order and on any certi-
29 fied copy thereof and shall be entered in the clerk's minutes of the
30 proceeding.
31 § 45. Section 213-c of the civil practice law and rules, as amended by
32 chapter 315 of the laws of 2019, is amended to read as follows:
33 § 213-c. Action by victim of conduct constituting certain sexual
34 offenses. Notwithstanding any other limitation set forth in this arti-
35 cle, except as provided in subdivision (b) of section two hundred eight
36 of this article, all civil claims or causes of action brought by any
37 person for physical, psychological or other injury or condition suffered
38 by such person as a result of conduct which would constitute rape in the
39 first degree as defined in section 130.35 of the penal law, or rape in
40 the second degree as defined in subdivision two of section 130.30 of the
41 penal law, or rape in the third degree as defined in subdivision one or
42 three of section 130.25 of the penal law, [or criminal sexual act in the
43 first degree as defined in section 130.50 of the penal law, or criminal
44 sexual act in the second degree as defined in subdivision two of section
45 130.45 of the penal law, or criminal sexual act in the third degree as
46 defined in subdivision one or three of section 130.40 of the penal law,]
47 or incest in the first degree as defined in section 255.27 of the penal
48 law, or incest in the second degree as defined in section 255.26 of the
49 penal law (where the crime committed is rape in the second degree as
50 defined in subdivision two of section 130.30 of the penal law or crimi-
51 nal sexual act in the second degree as defined in subdivision two of
52 section 130.45), or aggravated sexual abuse in the first degree as
53 defined in section 130.70 of the penal law, or course of sexual conduct
54 against a child in the first degree as defined in section 130.75 of the
55 penal law may be brought against any party whose intentional or negli-
56 gent acts or omissions are alleged to have resulted in the commission of
A. 794--E 22
1 the said conduct, within twenty years. Nothing in this section shall be
2 construed to require that a criminal charge be brought or a criminal
3 conviction be obtained as a condition of bringing a civil cause of
4 action or receiving a civil judgment pursuant to this section or be
5 construed to require that any of the rules governing a criminal proceed-
6 ing be applicable to any such civil action.
7 § 46. Paragraph (b) of subdivision 8 of section 215 of the civil prac-
8 tice law and rules, as added by chapter 3 of the laws of 2006, is
9 amended to read as follows:
10 (b) Whenever it is shown that a criminal action against the same
11 defendant has been commenced with respect to the event or occurrence
12 from which a claim governed by this section arises, and such criminal
13 action is for rape in the first degree as defined in section 130.35 of
14 the penal law, [or criminal sexual act in the first degree as defined in
15 section 130.50 of the penal law,] or aggravated sexual abuse in the
16 first degree as defined in section 130.70 of the penal law, or course of
17 sexual conduct against a child in the first degree as defined in section
18 130.75 of the penal law, the plaintiff shall have at least five years
19 from the termination of the criminal action as defined in section 1.20
20 of the criminal procedure law in which to commence the civil action,
21 notwithstanding that the time in which to commence such action has
22 already expired or has less than a year remaining.
23 § 47. Subdivision 11 of section 123 of the agriculture and markets
24 law, as amended by chapter 392 of the laws of 2004, and such section as
25 renumbered by section 18 of part T of chapter 59 of the laws of 2010, is
26 amended to read as follows:
27 11. The owner shall not be liable pursuant to subdivision six, seven,
28 eight, nine or ten of this section if the dog was coming to the aid or
29 defense of a person during the commission or attempted commission of a
30 murder, robbery, burglary, arson, rape in the first degree as defined in
31 paragraph (a) or (b) of subdivision one [or], paragraph (a) or (b) of
32 subdivision two or paragraph (a) or (b) of subdivision three of section
33 130.35 of the penal law[, criminal sexual act in the first degree as
34 defined in subdivision one or two of section 130.50 of the penal law] or
35 kidnapping within the dwelling or upon the real property of the owner of
36 the dog and the dog injured or killed the person committing such crimi-
37 nal activity.
38 § 48. Section 4 of the judiciary law, as amended by chapter 1 of the
39 laws of 2019, is amended to read as follows:
40 § 4. Sittings of courts to be public. The sittings of every court
41 within this state shall be public, and every citizen may freely attend
42 the same, except that in all proceedings and trials in cases for
43 divorce, seduction, rape, assault with intent to commit rape, [criminal
44 sexual act,] bastardy or filiation, the court may, in its discretion,
45 exclude therefrom all persons who are not directly interested therein,
46 excepting jurors, witnesses, and officers of the court.
47 § 49. Subdivision 2 of section 120.60 of the penal law, as amended by
48 chapter 434 of the laws of 2000, is amended to read as follows:
49 2. commits a class A misdemeanor defined in article one hundred thirty
50 of this chapter, or a class E felony defined in section 130.25, [130.40]
51 or 130.85 of this chapter, or a class D felony defined in section 130.30
52 [or 130.45] of this chapter.
53 § 50. Subdivision 1 of section 210.16 of the criminal procedure law,
54 as added by chapter 571 of the laws of 2007, is amended to read as
55 follows:
A. 794--E 23
1 1. (a) In a case where an indictment or a superior court information
2 has been filed with a superior court which charges the defendant with a
3 felony offense enumerated in any section of article one hundred thirty
4 of the penal law where an act of "[sexual intercourse] vaginal sexual
5 contact", "oral sexual [conduct] contact" or "anal sexual [conduct]
6 contact," as those terms are defined in section 130.00 of the penal law,
7 is required as an essential element for the commission thereof, the
8 court shall, upon a request of the victim within six months of the date
9 of the crimes charged, order that the defendant submit to human immuno-
10 deficiency virus (HIV) related testing. Testing of a defendant shall be
11 ordered when the result would provide medical benefit to the victim or a
12 psychological benefit to the victim. Medical benefit shall be found when
13 the following elements are satisfied: (i) a decision is pending about
14 beginning, continuing, or discontinuing a medical intervention for the
15 victim; and (ii) the result of an HIV test of the accused could affect
16 that decision, and could provide relevant information beyond that which
17 would be provided by an HIV test of the victim. If testing the defendant
18 would provide medical benefit to the victim or a psychological benefit
19 to the victim, then the testing is to be conducted by a state, county,
20 or local public health officer designated by the order. Test results,
21 which shall not be disclosed to the court, shall be communicated to the
22 defendant and the victim named in the order in accordance with the
23 provisions of section twenty-seven hundred eighty-five-a of the public
24 health law.
25 (b) For the purposes of this section, the terms "victim" and "appli-
26 cant" mean the person with whom the defendant is charged to have engaged
27 in an act of "[sexual intercourse] vaginal sexual contact", "oral sexual
28 [conduct] contact" or "anal sexual [conduct] contact", as those terms
29 are defined in section 130.00 of the penal law, where such conduct with
30 such victim was the basis for charging the defendant with an offense
31 specified in paragraph (a) of this subdivision.
32 § 51. Subdivision 1 of section 390.15 of the criminal procedure law,
33 as amended by chapter 264 of the laws of 2003, is amended to read as
34 follows:
35 1. (a) In any case where the defendant is convicted of a felony
36 offense enumerated in any section of article one hundred thirty of the
37 penal law, or any subdivision of section 130.20 of such law, where an
38 act of "[sexual intercourse] vaginal sexual contact", "oral sexual
39 [conduct] contact" or "anal sexual [conduct] contact," as those terms
40 are defined in section 130.00 of the penal law, is required as an essen-
41 tial element for the commission thereof, the court must, upon a request
42 of the victim, order that the defendant submit to human immunodeficiency
43 (HIV) related testing. The testing is to be conducted by a state, coun-
44 ty, or local public health officer designated by the order. Test
45 results, which shall not be disclosed to the court, shall be communi-
46 cated to the defendant and the victim named in the order in accordance
47 with the provisions of section twenty-seven hundred eighty-five-a of the
48 public health law, but such results and disclosure need not be completed
49 prior to the imposition of sentence.
50 (b) For the purposes of this section, the terms "defendant",
51 "conviction" and "sentence" mean and include, respectively, an "eligible
52 youth," a "youthful offender finding" and a "youthful offender sentence"
53 as those terms are defined in section 720.10 of this chapter. The term
54 "victim" means the person with whom the defendant engaged in an act of
55 "[sexual intercourse] vaginal sexual contact", "oral sexual [conduct]
56 contact" or "anal sexual [conduct] contact", as those terms are defined
A. 794--E 24
1 in section 130.00 of the penal law, where such conduct with such victim
2 was the basis for the defendant's conviction of an offense specified in
3 paragraph (a) of this subdivision.
4 § 52. Subdivision 1 of section 347.1 of the family court act, as
5 amended by chapter 264 of the laws of 2003, is amended to read as
6 follows:
7 1. (a) In any proceeding where the respondent is found pursuant to
8 section 345.1 or 346.1 of this article, to have committed a felony
9 offense enumerated in any section of article one hundred thirty of the
10 penal law, or any subdivision of section 130.20 of such law, for which
11 an act of "[sexual intercourse] vaginal sexual contact", "oral sexual
12 [conduct] contact" or "anal sexual [conduct] contact", as those terms
13 are defined in section 130.00 of the penal law, is required as an essen-
14 tial element for the commission thereof, the court must, upon a request
15 of the victim, order that the respondent submit to human immunodeficien-
16 cy (HIV) related testing. The testing is to be conducted by a state,
17 county, or local public health officer designated by the order. Test
18 results, which shall not be disclosed to the court, shall be communi-
19 cated to the respondent and the victim named in the order in accordance
20 with the provisions of section twenty-seven hundred eighty-five-a of the
21 public health law.
22 (b) For the purposes of this section, the term "victim" means the
23 person with whom the respondent engaged in an act of "[sexual inter-
24 course] vaginal sexual contact", "oral sexual [conduct] contact" or
25 "anal sexual [conduct] contact", as those terms are defined in section
26 130.00 of the penal law, where such conduct with such victim was the
27 basis for the court's finding that the respondent committed acts consti-
28 tuting one or more of the offenses specified in paragraph (a) of this
29 subdivision.
30 § 53. Subdivision (a) of section 130.16 of the penal law, as amended
31 by chapter 264 of the laws of 2003, is amended to read as follows:
32 (a) Establish that an attempt was made to engage the victim in [sexual
33 intercourse] vaginal sexual contact, oral sexual [conduct] contact, anal
34 sexual [conduct] contact, or sexual contact, as the case may be, at the
35 time of the occurrence; and
36 § 54. Section 130.20 of the penal law, as amended by chapter 1 of the
37 laws of 2000, subdivision 2 as amended by chapter 264 of the laws of
38 2003, is amended to read as follows:
39 § 130.20 Sexual misconduct.
40 A person is guilty of sexual misconduct when:
41 1. He or she engages in [sexual intercourse] vaginal sexual contact
42 with another person without such person's consent; or
43 2. He or she engages in oral sexual [conduct or anal sexual conduct]
44 contact with another person without such person's consent; or
45 3. He or she engages in anal sexual contact with another person with-
46 out such person's consent; or
47 4. He or she engages in sexual conduct with an animal or a dead human
48 body.
49 Sexual misconduct is a class A misdemeanor.
50 § 55. Paragraphs (a) and (b) of subdivision 1 of section 130.75 of the
51 penal law, as amended by chapter 264 of the laws of 2003, are amended to
52 read as follows:
53 (a) he or she engages in two or more acts of sexual conduct, which
54 includes at least one act of [sexual intercourse] vaginal sexual
55 contact, oral sexual [conduct] contact, anal sexual [conduct] contact or
56 aggravated sexual contact, with a child less than eleven years old; or
A. 794--E 25
1 (b) he or she, being eighteen years old or more, engages in two or
2 more acts of sexual conduct, which include at least one act of [sexual
3 intercourse] vaginal sexual contact, oral sexual [conduct] contact, anal
4 sexual [conduct] contact or aggravated sexual contact, with a child less
5 than thirteen years old.
6 § 56. Subdivision 1 of section 235.00 of the penal law, as amended by
7 chapter 264 of the laws of 2003, is amended to read as follows:
8 1. "Obscene." Any material or performance is "obscene" if (a) the
9 average person, applying contemporary community standards, would find
10 that considered as a whole, its predominant appeal is to the prurient
11 interest in sex, and (b) it depicts or describes in a patently offensive
12 manner, actual or simulated: [sexual intercourse] vaginal sexual
13 contact, [criminal sexual act] oral sexual contact, anal sexual contact,
14 sexual bestiality, masturbation, sadism, masochism, excretion or lewd
15 exhibition of the genitals, and (c) considered as a whole, it lacks
16 serious literary, artistic, political, and scientific value. Predominant
17 appeal shall be judged with reference to ordinary adults unless it
18 appears from the character of the material or the circumstances of its
19 dissemination to be designed for children or other [specially] especial-
20 ly susceptible audience.
21 § 57. Subdivision 2 of section 235.22 of the penal law, as amended by
22 chapter 264 of the laws of 2003, is amended to read as follows:
23 2. by means of such communication he importunes, invites or induces a
24 minor to engage in [sexual intercourse] vaginal sexual contact, oral
25 sexual [conduct] contact or anal sexual [conduct] contact, or sexual
26 contact with him, or to engage in a sexual performance, obscene sexual
27 performance, or sexual conduct for his benefit.
28 § 58. Section 255.25 of the penal law, as amended by chapter 320 of
29 the laws of 2006, is amended to read as follows:
30 § 255.25 Incest in the third degree.
31 A person is guilty of incest in the third degree when he or she
32 marries or engages in [sexual intercourse] vaginal sexual contact, oral
33 sexual [conduct] contact or anal sexual [conduct] contact with a person
34 whom he or she knows to be related to him or her, whether through
35 marriage or not, as an ancestor, descendant, brother or sister of either
36 the whole or the half blood, uncle, aunt, nephew or niece.
37 Incest in the third degree is a class E felony.
38 § 59. Subdivision 3 of section 263.00 of the penal law, as amended by
39 chapter 264 of the laws of 2003, is amended to read as follows:
40 3. "Sexual conduct" means actual or simulated [sexual intercourse]
41 vaginal sexual contact, oral sexual [conduct] contact, anal sexual
42 [conduct]contact, sexual bestiality, masturbation, sado-masochistic
43 abuse, or lewd exhibition of the genitals.
44 § 60. Subdivision 3 of section 60.42 of the criminal procedure law, as
45 amended by section 1 of part R of chapter 55 of the laws of 2019, is
46 amended to read as follows:
47 3. rebuts evidence introduced by the people of the victim's failure to
48 engage in [sexual intercourse] vaginal sexual contact, oral sexual
49 [conduct] contact, anal sexual [conduct] contact or sexual contact
50 during a given period of time; or
51 § 61. Subdivision 3 of section 344.4 of the family court act, as
52 amended by chapter 264 of the laws of 2003, is amended to read as
53 follows:
54 3. rebuts evidence introduced by the presentment agency of the
55 victim's failure to engage in [sexual intercourse] vaginal sexual
A. 794--E 26
1 contact, oral sexual [conduct] contact, anal sexual [conduct] contact or
2 sexual contact during a given period of time; or
3 § 62. Subdivision 4 of section 170 of the domestic relations law, as
4 amended by chapter 264 of the laws of 2003, is amended to read as
5 follows:
6 (4) The commission of an act of adultery, provided that adultery for
7 the purposes of articles ten, eleven, and eleven-A of this chapter, is
8 hereby defined as the commission of an act of [sexual intercourse] vagi-
9 nal sexual contact, oral sexual [conduct] contact or anal sexual
10 [conduct] contact, voluntarily performed by the defendant, with a person
11 other than the plaintiff after the marriage of plaintiff and defendant.
12 Oral sexual [conduct] contact and anal sexual [conduct] contact include,
13 but are not limited to, sexual conduct as defined in subdivision two of
14 section 130.00 and subdivision [three] four of section 130.20 of the
15 penal law.
16 § 63. The first undesignated paragraph of section 135.61 of the penal
17 law, as added by section 2 of part NN of chapter 55 of the laws of 2018,
18 is amended to read as follows:
19 A person is guilty of coercion in the second degree when he or she
20 commits the crime of coercion in the third degree as defined in section
21 135.60 of this article and thereby compels or induces a person to engage
22 in [sexual intercourse] vaginal sexual contact, oral sexual [conduct]
23 contact or anal sexual [conduct] contact as such terms are defined in
24 section [130 of the penal law] 130.00 of this title.
25 § 64. The first undesignated paragraph of section 230.11 of the penal
26 law, as added by chapter 368 of the laws of 2015, is amended to read as
27 follows:
28 A person is guilty of aggravated patronizing a minor for prostitution
29 in the third degree when, being twenty-one years old or more, he or she
30 patronizes a person for prostitution and the person patronized is less
31 than seventeen years old and the person guilty of patronizing engages in
32 [sexual intercourse] vaginal sexual contact, oral sexual [conduct]
33 contact, anal sexual [conduct] contact, or aggravated sexual [conduct]
34 contact as those terms are defined in section 130.00 of this part, with
35 the person patronized.
36 § 65. The first undesignated paragraph of section 230.12 of the penal
37 law, as added by chapter 368 of the laws of 2015, is amended to read as
38 follows:
39 A person is guilty of aggravated patronizing a minor for prostitution
40 in the second degree when, being eighteen years old or more, he or she
41 patronizes a person for prostitution and the person patronized is less
42 than fifteen years old and the person guilty of patronizing engages in
43 [sexual intercourse] vaginal sexual contact, oral sexual [conduct]
44 contact, anal sexual [conduct] contact, or aggravated sexual [conduct]
45 contact as those terms are defined in section 130.00 of this part, with
46 the person patronized.
47 § 66. The first undesignated paragraph of section 230.13 of the penal
48 law, as added by chapter 368 of the laws of 2015, is amended to read as
49 follows:
50 A person is guilty of aggravated patronizing a minor for prostitution
51 in the first degree when he or she patronizes a person for prostitution
52 and the person patronized is less than eleven years old, or being eigh-
53 teen years old or more, he or she patronizes a person for prostitution
54 and the person patronized is less than thirteen years old, and the
55 person guilty of patronizing engages in [sexual intercourse] vaginal
56 sexual contact, oral sexual [conduct] contact, anal sexual [conduct]
A. 794--E 27
1 contact, or aggravated sexual [conduct] contact as those terms are
2 defined in section 130.00 of this part, with the person patronized.
3 § 67. Subdivision 4 of section 200 of the domestic relations law, as
4 amended by chapter 264 of the laws of 2003, is amended to read as
5 follows:
6 4. The commission of an act of adultery by the defendant; except where
7 such offense is committed by the procurement or with the connivance of
8 the plaintiff or where there is voluntary cohabitation of the parties
9 with the knowledge of the offense or where action was not commenced
10 within five years after the discovery by the plaintiff of the offense
11 charged or where the plaintiff has also been guilty of adultery under
12 such circumstances that the defendant would have been entitled, if inno-
13 cent, to a divorce, provided that adultery for the purposes of this
14 subdivision is hereby defined as the commission of an act of [sexual
15 intercourse] vaginal sexual contact, oral sexual [conduct] contact or
16 anal sexual [conduct] contact, voluntarily performed by the defendant,
17 with a person other than the plaintiff after the marriage of plaintiff
18 and defendant. Oral sexual [conduct] contact and anal sexual [conduct]
19 contact include, but are not limited to, sexual conduct as defined in
20 subdivision two of section 130.00 and subdivision [three] four of
21 section 130.20 of the penal law.
22 § 68. As it pertains to the repealed sections of law, nothing in this
23 act shall affect a requirement to register pursuant to article 6-C of
24 the correction law; a lawfully required disclosure of a conviction; any
25 restriction or prohibition for certain types of employment, housing, or
26 government benefit; or any other ongoing matter related to a conviction
27 of the sections repealed in this act.
28 § 69. This act shall take effect January 1, 2021 and shall apply to
29 any offense on or after such effective date.