Bill Text: NY S08279 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to the offenses of rape in the first, second and third degrees.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-05-01 - REFERRED TO CODES [S08279 Detail]
Download: New_York-2019-S08279-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8279 IN SENATE May 1, 2020 ___________ Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, the criminal procedure law, the correction law, the social services law, the vehicle and traffic law, the family court act, the civil rights law, the civil practice law and rules, the agriculture and markets law, the judiciary law and the domestic relations law, in relation to sex offenses; and to repeal certain provisions of the penal law relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Sections 130.40, 130.45 and 130.50 of the penal law are 2 REPEALED. 3 § 2. Subdivisions 1 and 2 of section 130.00 of the penal law, subdivi- 4 sion 2 as amended by chapter 264 of the laws of 2003, are amended to 5 read as follows: 6 1. "[Sexual intercourse] Vaginal sexual contact" [has its ordinary7meaning and occurs upon any penetration, however slight] means conduct 8 between persons consisting of contact between the penis and the vagina 9 or vulva. 10 2. (a) "Oral sexual [conduct] contact" means conduct between persons 11 consisting of contact between the mouth and the penis, the mouth and the 12 anus, or the mouth and the vulva or vagina. 13 (b) "Anal sexual [conduct] contact" means conduct between persons 14 consisting of contact between the penis and anus. 15 § 3. Section 130.25 of the penal law, as amended by chapter 1 of the 16 laws of 2000, is amended to read as follows: 17 § 130.25 Rape in the third degree. 18 A person is guilty of rape in the third degree when: 19 1. He or she engages in [sexual intercourse] vaginal sexual contact 20 with another person who is incapable of consent by reason of some factor 21 other than being less than seventeen years old; 22 2. He or she engages in oral sexual contact with another person who is 23 incapable of consent by reason of some factor other than being less than 24 seventeen years old; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01481-12-0S. 8279 2 1 3. He or she engages in anal sexual contact with another person who is 2 incapable of consent by reason of some other factor other than being 3 less than seventeen years old; 4 4. Being twenty-one years old or more, he or she engages in [sexual5intercourse] vaginal sexual contact with another person less than seven- 6 teen years old; [or73.] 5. Being twenty-one years old or more, he or she engages in oral 8 sexual contact with another person less than seventeen years old; 9 6. Being twenty-one years old or more, he or she engages in anal sexu- 10 al contact with another person less than seventeen years old; 11 7. He or she engages in [sexual intercourse] vaginal sexual contact 12 with another person without such person's consent where such lack of 13 consent is by reason of some factor other than incapacity to consent[.]; 14 8. He or she engages in oral sexual contact with another person with- 15 out such person's consent where such lack of consent is by reason of 16 some factor other than incapacity to consent; or 17 9. He or she engages in anal sexual contact with another person with- 18 out such person's consent where such lack of consent is by reason of 19 some factor other than the incapacity to consent. 20 Rape in the third degree is a class E felony. 21 § 4. Section 130.30 of the penal law, as amended by chapter 1 of the 22 laws of 2000, is amended to read as follows: 23 § 130.30 Rape in the second degree. 24 A person is guilty of rape in the second degree when: 25 1. being eighteen years old or more, he or she engages in [sexual26intercourse] vaginal sexual contact with another person less than 27 fifteen years old; [or] 28 2. being eighteen years old or more, he or she engages in oral sexual 29 contact with another person less than fifteen years old; 30 3. being eighteen years old or more, he or she engages in anal sexual 31 contact with another person less than fifteen years old; 32 4. he or she engages in [sexual intercourse] vaginal sexual contact 33 with another person who is incapable of consent by reason of being 34 mentally disabled or mentally incapacitated[.]; 35 5. he or she engages in oral sexual contact with another person who is 36 incapable of consent by reason of being mentally disabled or mentally 37 incapacitated; or 38 6. he or she engages in anal sexual contact with another person who is 39 incapable of consent by reason of being mentally disabled or mentally 40 incapacitated. 41 It shall be an affirmative defense to the crime of rape in the second 42 degree as defined in [subdivision] subdivisions one, two and three of 43 this section that the defendant was less than four years older than the 44 victim at the time of the act. 45 Rape in the second degree is a class D felony. 46 § 5. Section 130.35 of the penal law, as amended by chapter 1 of the 47 laws of 2000, is amended to read as follows: 48 § 130.35 Rape in the first degree. 49 A person is guilty of rape in the first degree when: 50 1. he or she engages in [sexual intercourse] vaginal sexual contact 51 with another person: 52 [1.] (a) By forcible compulsion; or 53 [2.] (b) Who is incapable of consent by reason of being physically 54 helpless; or 55 [3.] (c) Who is less than eleven years old; orS. 8279 3 1 [4.] (d) Who is less than thirteen years old and the actor is eighteen 2 years old or more[.]; 3 2. he or she engages in oral sexual contact with another person: 4 (a) By forcible compulsion; or 5 (b) Who is incapable of consent by reason of being physically help- 6 less; or 7 (c) Who is less than eleven years old; or 8 (d) Who is less than thirteen years old and the actor is eighteen 9 years old or more; or 10 3. he or she engages in anal sexual contact with another person: 11 (a) By forcible compulsion; or 12 (b) Who is incapable of consent by reason of being physically help- 13 less; or 14 (c) Who is less than eleven years old; or 15 (d) Who is less than thirteen years old and the actor is eighteen 16 years old or more. 17 Rape in the first degree is a class B felony. 18 § 6. Paragraph 2 of subdivision 18 of section 10.00 of the penal law, 19 as amended by chapter 7 of the laws of 2007, is amended to read as 20 follows: 21 (2) a person fourteen or fifteen years old who is criminally responsi- 22 ble for acts constituting the crimes defined in subdivisions one and two 23 of section 125.25 (murder in the second degree) and in subdivision three 24 of such section provided that the underlying crime for the murder charge 25 is one for which such person is criminally responsible; section 135.25 26 (kidnapping in the first degree); 150.20 (arson in the first degree); 27 subdivisions one and two of section 120.10 (assault in the first 28 degree); 125.20 (manslaughter in the first degree); [subdivisions one29and] paragraphs (a) and (b) of subdivision one, paragraphs (a) and (b) 30 of subdivision two, and paragraphs (a) and (b) of subdivision three of 31 section 130.35 (rape in the first degree); [subdivisions one and two of32section 130.50 (criminal sexual act in the first degree);] 130.70 33 (aggravated sexual abuse in the first degree); 140.30 (burglary in the 34 first degree); subdivision one of section 140.25 (burglary in the second 35 degree); 150.15 (arson in the second degree); 160.15 (robbery in the 36 first degree); subdivision two of section 160.10 (robbery in the second 37 degree) of this chapter; or section 265.03 of this chapter, where such 38 machine gun or such firearm is possessed on school grounds, as that 39 phrase is defined in subdivision fourteen of section 220.00 of this 40 chapter; or defined in this chapter as an attempt to commit murder in 41 the second degree or kidnapping in the first degree, or such conduct as 42 a sexually motivated felony, where authorized pursuant to section 130.91 43 of [the penal law] this chapter. 44 § 7. Subdivision 2 of section 30.00 of the penal law, as amended by 45 section 38 of part WWW of chapter 59 of the laws of 2017, is amended to 46 read as follows: 47 2. A person thirteen, fourteen or, fifteen years of age is criminally 48 responsible for acts constituting murder in the second degree as defined 49 in subdivisions one and two of section 125.25 and in subdivision three 50 of such section provided that the underlying crime for the murder charge 51 is one for which such person is criminally responsible or for such 52 conduct as a sexually motivated felony, where authorized pursuant to 53 section 130.91 of this chapter; and a person fourteen or, fifteen years 54 of age is criminally responsible for acts constituting the crimes 55 defined in section 135.25 (kidnapping in the first degree); 150.20 56 (arson in the first degree); subdivisions one and two of section 120.10S. 8279 4 1 (assault in the first degree); 125.20 (manslaughter in the first 2 degree); [subdivisions one and] paragraphs (a) and (b) of subdivision 3 one, paragraphs (a) and (b) of subdivision two and paragraphs (a) and 4 (b) of subdivision three of section 130.35 (rape in the first degree); 5 subdivisions one and two of section 130.50 (criminal sexual act in the 6 first degree); 130.70 (aggravated sexual abuse in the first degree); 7 140.30 (burglary in the first degree); subdivision one of section 140.25 8 (burglary in the second degree); 150.15 (arson in the second degree); 9 160.15 (robbery in the first degree); subdivision two of section 160.10 10 (robbery in the second degree) of this chapter; or section 265.03 of 11 this chapter, where such machine gun or such firearm is possessed on 12 school grounds, as that phrase is defined in subdivision fourteen of 13 section 220.00 of this chapter; or defined in this chapter as an attempt 14 to commit murder in the second degree or kidnapping in the first degree, 15 or for such conduct as a sexually motivated felony, where authorized 16 pursuant to section 130.91 of this chapter. 17 § 8. Paragraph (b) of subdivision 2 of section 35.15 of the penal law, 18 as amended by chapter 511 of the laws of 2004, is amended to read as 19 follows: 20 (b) He or she reasonably believes that such other person is committing 21 or attempting to commit a kidnapping, forcible rape, [forcible criminal22sexual act] forcible aggravated sexual abuse, or robbery; or 23 § 9. Paragraph (c) of subdivision 1 of section 70.02 of the penal 24 law, as amended by chapter 134 of the laws of 2019, is amended to read 25 as follows: 26 (c) Class D violent felony offenses: an attempt to commit any of the 27 class C felonies set forth in paragraph (b); reckless assault of a child 28 as defined in section 120.02, assault in the second degree as defined in 29 section 120.05, menacing a police officer or peace officer as defined in 30 section 120.18, stalking in the first degree, as defined in subdivision 31 one of section 120.60, strangulation in the second degree as defined in 32 section 121.12, rape in the second degree as defined in section 130.30, 33 [criminal sexual act in the second degree as defined in section 130.45,] 34 sexual abuse in the first degree as defined in section 130.65, course of 35 sexual conduct against a child in the second degree as defined in 36 section 130.80, aggravated sexual abuse in the third degree as defined 37 in section 130.66, facilitating a sex offense with a controlled 38 substance as defined in section 130.90, labor trafficking as defined in 39 paragraphs (a) and (b) of subdivision three of section 135.35, criminal 40 possession of a weapon in the third degree as defined in subdivision 41 five, six, seven, eight, nine or ten of section 265.02, criminal sale of 42 a firearm in the third degree as defined in section 265.11, intimidating 43 a victim or witness in the second degree as defined in section 215.16, 44 soliciting or providing support for an act of terrorism in the second 45 degree as defined in section 490.10, and making a terroristic threat as 46 defined in section 490.20, falsely reporting an incident in the first 47 degree as defined in section 240.60, placing a false bomb or hazardous 48 substance in the first degree as defined in section 240.62, placing a 49 false bomb or hazardous substance in a sports stadium or arena, mass 50 transportation facility or enclosed shopping mall as defined in section 51 240.63, aggravated unpermitted use of indoor pyrotechnics in the first 52 degree as defined in section 405.18, and criminal manufacture, sale, or 53 transport of an undetectable firearm, rifle or shotgun as defined in 54 section 265.50.S. 8279 5 1 § 10. Paragraph b of subdivision 5 of section 120.40 of the penal law, 2 as amended by chapter 320 of the laws of 2006, is amended to read as 3 follows: 4 b. a crime defined in section 130.20, 130.25, 130.30, [130.40,5130.45,] 130.55, 130.60, 130.70, 255.25, 255.26 or 255.27; 6 § 11. Paragraph (d) of subdivision 2 and paragraph (h) of subdivision 7 3 of section 130.05 of the penal law, paragraph (d) of subdivision 2 as 8 amended by chapter 40 of the laws of 2004 and paragraph (h) of subdivi- 9 sion 3 as amended by section 2 of part G of chapter 501 of the laws of 10 2012, are amended to read as follows: 11 (d) Where the offense charged is rape in the third degree as defined 12 in [subdivision three] subdivision seven, eight or nine of section 13 130.25, [or criminal sexual act in the third degree as defined in subdi-14vision three of section 130.40,] in addition to forcible vaginal sexual 15 contact compulsion, circumstances under which, at the time of the act of 16 intercourse, oral sexual [conduct] contact or anal sexual [conduct] 17 contact, the victim clearly expressed that he or she did not consent to 18 engage in such act, and a reasonable person in the actor's situation 19 would have understood such person's words and acts as an expression of 20 lack of consent to such act under all the circumstances. 21 (h) a client or patient and the actor is a health care provider or 22 mental health care provider charged with rape in the third degree as 23 defined in section 130.25, [criminal sexual act in the third degree as24defined in section 130.40,] aggravated sexual abuse in the fourth degree 25 as defined in section 130.65-a, or sexual abuse in the third degree as 26 defined in section 130.55, and the act of sexual conduct occurs during a 27 treatment session, consultation, interview, or examination; or 28 § 12. The opening paragraph of subdivision 3 of section 125.25 of the 29 penal law, as amended by chapter 264 of the laws of 2003, is amended to 30 read as follows: 31 Acting either alone or with one or more other persons, he commits or 32 attempts to commit robbery, burglary, kidnapping, arson, rape in the 33 first degree, [criminal sexual act in the first degree,] sexual abuse in 34 the first degree, aggravated sexual abuse, escape in the first degree, 35 or escape in the second degree, and, in the course of and in furtherance 36 of such crime or of immediate flight therefrom, he, or another partic- 37 ipant, if there be any, causes the death of a person other than one of 38 the participants; except that in any prosecution under this subdivision, 39 in which the defendant was not the only participant in the underlying 40 crime, it is an affirmative defense that the defendant: 41 § 13. Subdivision 5 of section 125.25 of the penal law, as amended by 42 chapter 320 of the laws of 2006, is amended to read as follows: 43 5. Being eighteen years old or more, while in the course of committing 44 rape in the first, second or third degree, [criminal sexual act in the45first, second or third degree,] sexual abuse in the first degree, aggra- 46 vated sexual abuse in the first, second, third or fourth degree, or 47 incest in the first, second or third degree, against a person less than 48 fourteen years old, he or she intentionally causes the death of such 49 person. 50 § 14. Subparagraph (vii) of paragraph (a) of subdivision 1 of section 51 125.27 of the penal law, as amended by chapter 264 of the laws of 2003, 52 is amended to read as follows: 53 (vii) the victim was killed while the defendant was in the course of 54 committing or attempting to commit and in furtherance of robbery, 55 burglary in the first degree or second degree, kidnapping in the first 56 degree, arson in the first degree or second degree, rape in the firstS. 8279 6 1 degree, [criminal sexual act in the first degree,] sexual abuse in the 2 first degree, aggravated sexual abuse in the first degree or escape in 3 the first degree, or in the course of and furtherance of immediate 4 flight after committing or attempting to commit any such crime or in the 5 course of and furtherance of immediate flight after attempting to commit 6 the crime of murder in the second degree; provided however, the victim 7 is not a participant in one of the aforementioned crimes and, provided 8 further that, unless the defendant's criminal liability under this 9 subparagraph is based upon the defendant having commanded another person 10 to cause the death of the victim or intended victim pursuant to section 11 20.00 of this chapter, this subparagraph shall not apply where the 12 defendant's criminal liability is based upon the conduct of another 13 pursuant to section 20.00 of this chapter; or 14 § 15. Subdivision 3 of section 130.10 of the penal law, as amended by 15 chapter 264 of the laws of 2003, is amended to read as follows: 16 3. In any prosecution for the crime of rape in the third degree as 17 defined in section 130.25, [criminal sexual act in the third degree as18defined in section 130.40,] aggravated sexual abuse in the fourth degree 19 as defined in section 130.65-a, or sexual abuse in the third degree as 20 defined in section 130.55 in which incapacity to consent is based on the 21 circumstances set forth in paragraph (h) of subdivision three of section 22 130.05 of this article it shall be an affirmative defense that the 23 client or patient consented to such conduct charged after having been 24 expressly advised by the health care or mental health care provider that 25 such conduct was not performed for a valid medical purpose. 26 § 16. The opening paragraph and subdivision 2 of section 130.95 of the 27 penal law, as added by chapter 107 of the laws of 2006, are amended to 28 read as follows: 29 A person is guilty of predatory sexual assault when he or she commits 30 the crime of rape in the first degree, [criminal sexual act in the first31degree,] aggravated sexual abuse in the first degree, or course of sexu- 32 al conduct against a child in the first degree, as defined in this arti- 33 cle, and when: 34 2. He or she has engaged in conduct constituting the crime of rape in 35 the first degree, [criminal sexual act in the first degree,] aggravated 36 sexual abuse in the first degree, or course of sexual conduct against a 37 child in the first degree, as defined in this article, against one or 38 more additional persons; or 39 § 17. The opening paragraph of section 130.96 of the penal law, as 40 added by chapter 107 of the laws of 2006, is amended to read as follows: 41 A person is guilty of predatory sexual assault against a child when, 42 being eighteen years old or more, he or she commits the crime of rape in 43 the first degree, [criminal sexual act in the first degree,] aggravated 44 sexual abuse in the first degree, or course of sexual conduct against a 45 child in the first degree, as defined in this article, and the victim is 46 less than thirteen years old. 47 § 18. Subdivision 2 of section 240.75 of the penal law, as amended by 48 section 8 of part NN of chapter 55 of the laws of 2018, is amended to 49 read as follows: 50 2. A "specified offense" is an offense defined in section 120.00 51 (assault in the third degree); section 120.05 (assault in the second 52 degree); section 120.10 (assault in the first degree); section 120.13 53 (menacing in the first degree); section 120.14 (menacing in the second 54 degree); section 120.15 (menacing in the third degree); section 120.20 55 (reckless endangerment in the second degree); section 120.25 (reckless 56 endangerment in the first degree); section 120.45 (stalking in theS. 8279 7 1 fourth degree); section 120.50 (stalking in the third degree); section 2 120.55 (stalking in the second degree); section 120.60 (stalking in the 3 first degree); section 121.11 (criminal obstruction of breathing or 4 blood circulation); section 121.12 (strangulation in the second degree); 5 section 121.13 (strangulation in the first degree); subdivision one of 6 section 125.15 (manslaughter in the second degree); subdivision one, two 7 or four of section 125.20 (manslaughter in the first degree); section 8 125.25 (murder in the second degree); section 130.20 (sexual miscon- 9 duct); section 130.25 (rape in the third degree); section 130.30 (rape 10 in the second degree); section 130.35 (rape in the first degree); 11 section 130.40 (criminal sexual act in the third degree); section 130.45 12 (criminal sexual act in the second degree); section 130.50 (criminal 13 sexual act in the first degree); section 130.52 (forcible touching); 14 section 130.53 (persistent sexual abuse); section 130.55 (sexual abuse 15 in the third degree); section 130.60 (sexual abuse in the second 16 degree); section 130.65 (sexual abuse in the first degree); section 17 130.66 (aggravated sexual abuse in the third degree); section 130.67 18 (aggravated sexual abuse in the second degree); section 130.70 (aggra- 19 vated sexual abuse in the first degree); section 130.91 (sexually moti- 20 vated felony); section 130.95 (predatory sexual assault); section 130.96 21 (predatory sexual assault against a child); section 135.05 (unlawful 22 imprisonment in the second degree); section 135.10 (unlawful imprison- 23 ment in the first degree); section 135.60 (coercion in the third 24 degree); section 135.61 (coercion in the second degree); section 135.65 25 (coercion in the first degree); section 140.20 (burglary in the third 26 degree); section 140.25 (burglary in the second degree); section 140.30 27 (burglary in the first degree); section 145.00 (criminal mischief in the 28 fourth degree); section 145.05 (criminal mischief in the third degree); 29 section 145.10 (criminal mischief in the second degree); section 145.12 30 (criminal mischief in the first degree); section 145.14 (criminal 31 tampering in the third degree); section 215.50 (criminal contempt in the 32 second degree); section 215.51 (criminal contempt in the first degree); 33 section 215.52 (aggravated criminal contempt); section 240.25 (harass- 34 ment in the first degree); subdivision one, two or four of section 35 240.30 (aggravated harassment in the second degree); aggravated family 36 offense as defined in this section or any attempt or conspiracy to 37 commit any of the foregoing offenses where the defendant and the person 38 against whom the offense was committed were members of the same family 39 or household as defined in subdivision one of section 530.11 of the 40 criminal procedure law. 41 § 19. Section 255.26 of the penal law, as added by chapter 320 of the 42 laws of 2006, is amended to read as follows: 43 § 255.26 Incest in the second degree. 44 A person is guilty of incest in the second degree when he or she 45 commits the crime of rape in the second degree, as defined in section 46 130.30 of this part, [or criminal sexual act in the second degree, as47defined in section 130.45 of this part,] against a person whom he or she 48 knows to be related to him or her, whether through marriage or not, as 49 an ancestor, descendant, brother or sister of either the whole or the 50 half blood, uncle, aunt, nephew or niece. 51 Incest in the second degree is a class D felony. 52 § 20. Section 255.27 of the penal law, as added by chapter 320 of the 53 laws of 2006, is amended to read as follows: 54 § 255.27 Incest in the first degree. 55 A person is guilty of incest in the first degree when he or she 56 commits the crime of rape in the first degree, as defined in paragraphS. 8279 8 1 (c) or (d) of subdivision [three or four] one, paragraph (c) or (d) of 2 subdivision two or paragraph (c) or (d) of subdivision three of section 3 130.35 of this part[, or criminal sexual act in the first degree, as4defined in subdivision three or four of section 130.50 of this part,] 5 against a person whom he or she knows to be related to him or her, 6 whether through marriage or not, as an ancestor, descendant, brother or 7 sister of either the whole or half blood, uncle, aunt, nephew or niece. 8 Incest in the first degree is a class B felony. 9 § 21. Subdivision 3 of section 485.05 of the penal law, as amended by 10 section 3 of part R of chapter 55 of the laws of 2020, is amended to 11 read as follows: 12 3. A "specified offense" is an offense defined by any of the following 13 provisions of this chapter: section 120.00 (assault in the third 14 degree); section 120.05 (assault in the second degree); section 120.10 15 (assault in the first degree); section 120.12 (aggravated assault upon a 16 person less than eleven years old); section 120.13 (menacing in the 17 first degree); section 120.14 (menacing in the second degree); section 18 120.15 (menacing in the third degree); section 120.20 (reckless endan- 19 germent in the second degree); section 120.25 (reckless endangerment in 20 the first degree); 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 120.45 (stalking in the 25 fourth degree); section 120.50 (stalking in the third degree); section 26 120.55 (stalking in the second degree); section 120.60 (stalking in the 27 first degree); paragraph (a) of subdivision one, paragraph (a) of subdi- 28 vision two and paragraph (a) of subdivision three of section 130.35 29 (rape in the first degree); subdivision one of section 130.50 (criminal 30 sexual act in the first degree); subdivision one of section 130.65 31 (sexual abuse in the first degree); paragraph (a) of subdivision one of 32 section 130.67 (aggravated sexual abuse in the second degree); paragraph 33 (a) of subdivision one of section 130.70 (aggravated sexual abuse in the 34 first degree); section 135.05 (unlawful imprisonment in the second 35 degree); section 135.10 (unlawful imprisonment in the first degree); 36 section 135.20 (kidnapping in the second degree); section 135.25 37 (kidnapping in the first degree); section 135.60 (coercion in the third 38 degree); section 135.61 (coercion in the second degree); section 135.65 39 (coercion in the first degree); section 140.10 (criminal trespass in the 40 third degree); section 140.15 (criminal trespass in the second degree); 41 section 140.17 (criminal trespass in the first degree); section 140.20 42 (burglary in the third degree); section 140.25 (burglary in the second 43 degree); section 140.30 (burglary in the first degree); section 145.00 44 (criminal mischief in the fourth degree); section 145.05 (criminal 45 mischief in the third degree); section 145.10 (criminal mischief in the 46 second degree); section 145.12 (criminal mischief in the first degree); 47 section 150.05 (arson in the fourth degree); section 150.10 (arson in 48 the third degree); section 150.15 (arson in the second degree); section 49 150.20 (arson in the first degree); section 155.25 (petit larceny); 50 section 155.30 (grand larceny in the fourth degree); section 155.35 51 (grand larceny in the third degree); section 155.40 (grand larceny in 52 the second degree); section 155.42 (grand larceny in the first degree); 53 section 160.05 (robbery in the third degree); section 160.10 (robbery in 54 the second degree); section 160.15 (robbery in the first degree); 55 section 240.25 (harassment in the first degree); subdivision one, two or 56 four of section 240.30 (aggravated harassment in the second degree);S. 8279 9 1 section 490.10 (soliciting or providing support for an act of terrorism 2 in the second degree); section 490.15 (soliciting or providing support 3 for an act of terrorism in the first degree); section 490.20 (making a 4 terroristic threat); section 490.25 (crime of terrorism); section 490.30 5 (hindering prosecution of terrorism in the second degree); section 6 490.35 (hindering prosecution of terrorism in the first degree); section 7 490.37 (criminal possession of a chemical weapon or biological weapon in 8 the third degree); section 490.40 (criminal possession of a chemical 9 weapon or biological weapon in the second degree); section 490.45 (crim- 10 inal possession of a chemical weapon or biological weapon in the first 11 degree); section 490.47 (criminal use of a chemical weapon or biological 12 weapon in the third degree); section 490.50 (criminal use of a chemical 13 weapon or biological weapon in the second degree); section 490.55 (crim- 14 inal use of a chemical weapon or biological weapon in the first degree); 15 or any attempt or conspiracy to commit any of the foregoing offenses. 16 § 22. Subdivision 42 of section 1.20 of the criminal procedure law, as 17 amended by chapter 7 of the laws of 2007, is amended to read as follows: 18 42. "Juvenile offender" means (1) a person, thirteen years old who is 19 criminally responsible for acts constituting murder in the second degree 20 as defined in subdivisions one and two of section 125.25 of the penal 21 law, or such conduct as a sexually motivated felony, where authorized 22 pursuant to section 130.91 of the penal law; and (2) a person fourteen 23 or fifteen years old who is criminally responsible for acts constituting 24 the crimes defined in subdivisions one and two of section 125.25 (murder 25 in the second degree) and in subdivision three of such section provided 26 that the underlying crime for the murder charge is one for which such 27 person is criminally responsible; section 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 (criminal34sexual 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; or 39 section 265.03 of the penal law, where such machine gun or such firearm 40 is possessed on school grounds, as that phrase is defined in subdivision 41 fourteen of section 220.00 of the penal law; or defined in the penal law 42 as an attempt to commit murder in the second degree or kidnapping in the 43 first degree, or such conduct as a sexually motivated felony, where 44 authorized pursuant to section 130.91 of the penal law. 45 § 23. Paragraphs (a) and (b) of subdivision 1, the opening paragraph 46 of subdivision 2 and paragraph (a) of subdivision 3 of section 140.20 of 47 the criminal procedure law, paragraphs (a) and (b) of subdivision 1 as 48 amended by chapter 324 of the laws of 1988, the opening paragraph of 49 subdivision 2 and paragraph (a) of subdivision 3 as amended by chapter 50 550 of the laws of 1987, are amended to read as follows: 51 (a) If the arrest is for an offense other than a class A, B, C or D 52 felony or a violation of section 130.25, [130.40,] 205.10, 205.17, 53 205.19 or 215.56 of the penal law committed in a town, but not in a 54 village thereof having a village court, and the town court of such town 55 is not available at the time, the arrested person may be brought before 56 the local criminal court of any village within such town or, any adjoin-S. 8279 10 1 ing town, village embraced in whole or in part by such adjoining town, 2 or city of the same county; and 3 (b) If the arrest is for an offense other than a class A, B, C or D 4 felony or a violation of section 130.25, [130.40,] 205.10, 205.17, 5 205.19 or 215.56 of the penal law committed in a village having a 6 village court and such court is not available at the time, the arrested 7 person may be brought before the town court of the town embracing such 8 village or any other village court within such town, or, if such town or 9 village court is not available either, before the local criminal court 10 of any adjoining town, village embraced in whole or in part by such 11 adjoining town, or city of the same county; and 12 If the arrest is for an offense other than a class A, B, C or D felony 13 or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or 14 215.56 of the penal law, the arrested person need not be brought before 15 a local criminal court as provided in subdivision one, and the procedure 16 may instead be as follows: 17 (a) the arrest is for an offense other than a class A, B, C or D felo- 18 ny or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or 19 215.56 of the penal law, and 20 § 24. Paragraph (a) of subdivision 3 and the opening paragraph of 21 subdivision 4 of section 140.27 of the criminal procedure law, as 22 amended by chapter 550 of the laws of 1987, are amended to read as 23 follows: 24 (a) the arrest is for an offense other than a class A, B, C or D felo- 25 ny or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or 26 215.56 of the penal law and 27 If the arrest is for an offense other than a class A, B, C or D felony 28 or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or 29 215.56 of the penal law, the arrested person need not be brought before 30 a local criminal court as provided in subdivision two, and the procedure 31 may instead be as follows: 32 § 25. Paragraph (a) of subdivision 2 and the opening paragraph of 33 subdivision 3 of section 140.40 of the criminal procedure law, as 34 amended by chapter 550 of the laws of 1987, are amended to read as 35 follows: 36 (a) the arrest is for an offense other than a class A, B, C or D felo- 37 ny or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or 38 215.56 of the penal law and 39 If the arrest is for an offense other than a class A, B, C or D felony 40 or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or 41 215.56 of the penal law, the arrested person need not be brought before 42 a local criminal court, as provided in subdivision one, and the proce- 43 dure may instead be as follows: 44 § 26. Paragraph (a) of subdivision 1 of section 150.20 of the criminal 45 procedure law, as amended by section 1-a of part JJJ of chapter 59 of 46 the laws of 2019, is amended to read as follows: 47 (a) Whenever a police officer is authorized pursuant to section 140.10 48 of this title to arrest a person without a warrant for an offense other 49 than a class A, B, C or D felony or a violation of section 130.25, 50 [130.40,] 205.10, 205.17, 205.19 or 215.56 of the penal law, he shall, 51 except as set out in paragraph (b) of this subdivision, subject to the 52 provisions of subdivisions three and four of section 150.40 of this 53 title, instead issue to and serve upon such person an appearance ticket. 54 § 27. Subdivision (a) of section 190.71 of the criminal procedure law, 55 as amended by chapter 7 of the laws of 2007, is amended to read as 56 follows:S. 8279 11 1 (a) Except as provided in subdivision six of section 200.20 of this 2 chapter, a grand jury may not indict (i) a person thirteen years of age 3 for any conduct or crime other than conduct constituting a crime defined 4 in subdivisions one and two of section 125.25 (murder in the second 5 degree) or such conduct as a sexually motivated felony, where authorized 6 pursuant to section 130.91 of the penal law; (ii) a person fourteen or 7 fifteen years of age for any conduct or crime other than conduct consti- 8 tuting a crime defined in subdivisions one and two of section 125.25 9 (murder in the second degree) and in subdivision three of such section 10 provided that the underlying crime for the murder charge is one for 11 which such person is criminally responsible; 135.25 (kidnapping in the 12 first degree); 150.20 (arson in the first degree); subdivisions one and 13 two of section 120.10 (assault in the first degree); 125.20 (manslaught- 14 er in the first degree); [subdivisions one and] paragraphs (a) and (b) 15 of subdivision one, paragraphs (a) and (b) of subdivision two and para- 16 graphs (a) and (b) of subdivision three of section 130.35 (rape in the 17 first degree); [subdivisions one and two of section 130.50 (criminal18sexual act in the first degree);] 130.70 (aggravated sexual abuse in the 19 first degree); 140.30 (burglary in the first degree); subdivision one of 20 section 140.25 (burglary in the second degree); 150.15 (arson in the 21 second degree); 160.15 (robbery in the first degree); subdivision two of 22 section 160.10 (robbery in the second degree) of the penal law; [subdi-23vision four of section 265.02 of the penal law, where such firearm is24possessed on school grounds, as that phrase is defined in subdivision25fourteen of section 220.00 of the penal law;] or section 265.03 of the 26 penal law, where such machine gun or such firearm is possessed on school 27 grounds, as that phrase is defined in subdivision fourteen of section 28 220.00 of the penal law; or defined in the penal law as an attempt to 29 commit murder in the second degree or kidnapping in the first degree, or 30 such conduct as a sexually motivated felony, where authorized pursuant 31 to section 130.91 of the penal law. 32 § 28. Subdivision 4 of section 722.20 of the criminal procedure law, 33 as added by section 1-a of part WWW of chapter 59 of the laws of 2017, 34 is amended to read as follows: 35 4. Notwithstanding the provisions of subdivisions two and three of 36 this section, the court shall, at the request of the district attorney, 37 order removal of an action against a juvenile offender to the family 38 court pursuant to the provisions of article seven hundred twenty-five of 39 this title if, upon consideration of the criteria specified in subdivi- 40 sion two of section 722.22 of this article, it is determined that to do 41 so would be in the interests of justice. Where, however, the felony 42 complaint charges the juvenile offender with murder in the second degree 43 as defined in section 125.25 of the penal law, rape in the first degree 44 as defined in paragraph (a) of subdivision one, paragraph (a) of subdi- 45 vision two and paragraph (a) of subdivision three of section 130.35 of 46 the penal law, [criminal sexual act in the first degree as defined in47subdivision one of section 130.50 of the penal law,] or an armed felony 48 as defined in paragraph (a) of subdivision forty-one of section 1.20 of 49 this chapter, a determination that such action be removed to the family 50 court shall, in addition, be based upon a finding of one or more of the 51 following factors: (i) mitigating circumstances that bear directly upon 52 the manner in which the crime was committed; or (ii) where the defendant 53 was not the sole participant in the crime, the defendant's participation 54 was relatively minor although not so minor as to constitute a defense to 55 the prosecution; or (iii) possible deficiencies in proof of the crime.S. 8279 12 1 § 29. Subdivision 5 of section 722.21 of the criminal procedure law, 2 as added by section 1-a of part WWW of chapter 59 of the laws of 2017, 3 is amended to read as follows: 4 5. Notwithstanding subdivisions two and three of this section, at the 5 request of the district attorney, the court shall order removal of an 6 action against an adolescent offender charged with an offense listed in 7 paragraph (a) of subdivision two of section 722.23 of this article, to 8 the family court pursuant to the provisions of article seven hundred 9 twenty-five of this title and upon consideration of the criteria speci- 10 fied in subdivision two of section 722.22 of this article, it is deter- 11 mined that to do so would be in the interests of justice. Where, howev- 12 er, the felony complaint charges the adolescent offender with murder in 13 the second degree as defined in section 125.25 of the penal law, rape in 14 the first degree as defined in paragraph (a) of subdivision one, para- 15 graph (a) of subdivision two and paragraph (a) of subdivision three of 16 section 130.35 of the penal law, [criminal sexual act in the first17degree as defined in subdivision one of section 130.50 of the penal18law,] or an armed felony as defined in paragraph (a) of subdivision 19 forty-one of section 1.20 of this chapter, a determination that such 20 action be removed to the family court shall, in addition, be based upon 21 a finding of one or more of the following factors: (i) mitigating 22 circumstances that bear directly upon the manner in which the crime was 23 committed; or (ii) where the defendant was not the sole participant in 24 the crime, the defendant's participation was relatively minor although 25 not so minor as to constitute a defense to the prosecution; or (iii) 26 possible deficiencies in proof of the crime. 27 § 30. Paragraph (b) of subdivision 1 of section 722.22 of the criminal 28 procedure law, as added by section 1-a of part WWW of chapter 59 of the 29 laws of 2017, is amended to read as follows: 30 (b) with the consent of the district attorney, order removal of an 31 action involving an indictment charging a juvenile offender with murder 32 in the second degree as defined in section 125.25 of the penal law; rape 33 in the first degree, as defined in paragraph (a) of subdivision one, 34 paragraph (a) of subdivision two and paragraph (a) of subdivision three 35 of section 130.35 of the penal law[; criminal sexual act in the first36degree, as defined in subdivision one of section 130.50 of the penal37law]; or an armed felony as defined in paragraph (a) of subdivision 38 forty-one of section 1.20 of this chapter, to the family court pursuant 39 to the provisions of article seven hundred twenty-five of this title if 40 the court finds one or more of the following factors: (i) mitigating 41 circumstances that bear directly upon the manner in which the crime was 42 committed; (ii) where the defendant was not the sole participant in the 43 crime, the defendant's participation was relatively minor although not 44 so minor as to constitute a defense to the prosecution; or (iii) possi- 45 ble deficiencies in the proof of the crime, and, after consideration of 46 the factors set forth in subdivision two of this section, the court 47 determined that removal of the action to the family court would be in 48 the interests of justice. 49 § 31. Subparagraph (iii) of paragraph (g) of subdivision 5 of section 50 220.10 of the criminal procedure law, as amended by chapter 264 of the 51 laws of 2003, is amended to read as follows: 52 (iii) Where the indictment does not charge a crime specified in 53 subparagraph (i) of this paragraph, the district attorney may recommend 54 removal of the action to the family court. Upon making such recommenda- 55 tion the district attorney shall submit a subscribed memorandum setting 56 forth: (1) a recommendation that the interests of justice would best beS. 8279 13 1 served by removal of the action to the family court; and (2) if the 2 indictment charges a thirteen year old with the crime of murder in the 3 second degree, or a fourteen or fifteen year old with the crimes of rape 4 in the first degree as defined in paragraph (a) of subdivision one, 5 paragraph (a) of subdivision two and paragraph (a) of subdivision three 6 of section 130.35 of the penal law, [or criminal sexual act in the first7degree as defined in subdivision one of section 130.50 of the penal8law,] or an armed felony as defined in paragraph (a) of subdivision 9 forty-one of section 1.20 of this chapter specific factors, one or more 10 of which reasonably supports the recommendation, showing, (i) mitigating 11 circumstances that bear directly upon the manner in which the crime was 12 committed, or (ii) where the defendant was not the sole participant in 13 the crime, that the defendant's participation was relatively minor 14 although not so minor as to constitute a defense to the prosecution, or 15 (iii) possible deficiencies in proof of the crime, or (iv) where the 16 juvenile offender has no previous adjudications of having committed a 17 designated felony act, as defined in subdivision eight of section 301.2 18 of the family court act, regardless of the age of the offender at the 19 time of commission of the act, that the criminal act was not part of a 20 pattern of criminal behavior and, in view of the history of the offen- 21 der, is not likely to be repeated. 22 § 32. Subdivision 6 of section 300.50 of the criminal procedure law, 23 as amended by chapter 264 of the laws of 2003, is amended to read as 24 follows: 25 6. For purposes of this section, the offenses of rape in the third 26 degree as defined in [subdivision three] subdivisions seven, eight and 27 nine of section 130.25 of the penal law [and criminal sexual act in the28third degree as defined in subdivision three of section 130.40 of the29penal law], are not lesser included offenses of rape in the first 30 degree[, criminal sexual act in the first degree] or any other offense. 31 Notwithstanding the foregoing, [either] any such offense may be submit- 32 ted as a lesser included offense of the applicable first degree offense 33 when (i) there is a reasonable view of the evidence which would support 34 a finding that the defendant committed such lesser offense but did not 35 commit the greater offense, and (ii) both parties consent to its 36 submission. 37 § 32-a. Subdivision 6 of section 380.50 of the criminal procedure law, 38 as separately amended by chapters 368 and 394 of the laws of 2015, is 39 amended to read as follows: 40 6. Regardless of whether the victim requests to make a statement with 41 regard to the defendant's sentence, where the defendant is sentenced for 42 a violent felony offense as defined in section 70.02 of the penal law or 43 a felony defined in article one hundred twenty-five of such law or any 44 of the following provisions of such law sections 130.25, 130.30, 45 [130.40, 130.45,] 255.25, 255.26, 255.27, article two hundred sixty- 46 three, 135.10, 135.25, 230.05, 230.06, 230.11, 230.12, 230.13, subdivi- 47 sion two of section 230.30 or 230.32, the prosecutor shall, within sixty 48 days of the imposition of sentence, provide the victim with a form, 49 prepared and distributed by the commissioner of the division of criminal 50 justice services, in consultation with the director of the office of 51 victim services, on which the victim may indicate a demand to be 52 informed of any petition to change the name of such defendant. Such 53 forms shall be maintained by such prosecutor. Upon receipt of a notice 54 of a petition to change the name of any such defendant, pursuant to 55 subdivision two of section sixty-two of the civil rights law, the prose- 56 cutor shall promptly notify the victim at the most current address orS. 8279 14 1 telephone number provided by such victim in the most reasonable and 2 expedient possible manner of the time and place such petition will be 3 presented to the court. 4 § 33. Paragraph (b) of subdivision 8 of section 700.05 of the crimi- 5 nal procedure law, as amended by chapter 134 of the laws of 2019, is 6 amended to read as follows: 7 (b) Any of the following felonies: assault in the second degree as 8 defined in section 120.05 of the penal law, assault in the first degree 9 as defined in section 120.10 of the penal law, reckless endangerment in 10 the first degree as defined in section 120.25 of the penal law, promot- 11 ing a suicide attempt as defined in section 120.30 of the penal law, 12 strangulation in the second degree as defined in section 121.12 of the 13 penal law, strangulation in the first degree as defined in section 14 121.13 of the penal law, criminally negligent homicide as defined in 15 section 125.10 of the penal law, manslaughter in the second degree as 16 defined in section 125.15 of the penal law, manslaughter in the first 17 degree as defined in section 125.20 of the penal law, murder in the 18 second degree as defined in section 125.25 of the penal law, murder in 19 the first degree as defined in section 125.27 of the penal law, rape in 20 the third degree as defined in section 130.25 of the penal law, rape in 21 the second degree as defined in section 130.30 of the penal law, rape in 22 the first degree as defined in section 130.35 of the penal law, [crimi-23nal sexual act in the third degree as defined in section 130.40 of the24penal law, criminal sexual act in the second degree as defined in25section 130.45 of the penal law, criminal sexual act in the first degree26as defined in section 130.50 of the penal law,] sexual abuse in the 27 first degree as defined in section 130.65 of the penal law, unlawful 28 imprisonment in the first degree as defined in section 135.10 of the 29 penal law, kidnapping in the second degree as defined in section 135.20 30 of the penal law, kidnapping in the first degree as defined in section 31 135.25 of the penal law, labor trafficking as defined in section 135.35 32 of the penal law, aggravated labor trafficking as defined in section 33 135.37 of the penal law, custodial interference in the first degree as 34 defined in section 135.50 of the penal law, coercion in the first degree 35 as defined in section 135.65 of the penal law, criminal trespass in the 36 first degree as defined in section 140.17 of the penal law, burglary in 37 the third degree as defined in section 140.20 of the penal law, burglary 38 in the second degree as defined in section 140.25 of the penal law, 39 burglary in the first degree as defined in section 140.30 of the penal 40 law, criminal mischief in the third degree as defined in section 145.05 41 of the penal law, criminal mischief in the second degree as defined in 42 section 145.10 of the penal law, criminal mischief in the first degree 43 as defined in section 145.12 of the penal law, criminal tampering in the 44 first degree as defined in section 145.20 of the penal law, arson in the 45 fourth degree as defined in section 150.05 of the penal law, arson in 46 the third degree as defined in section 150.10 of the penal law, arson in 47 the second degree as defined in section 150.15 of the penal law, arson 48 in the first degree as defined in section 150.20 of the penal law, grand 49 larceny in the fourth degree as defined in section 155.30 of the penal 50 law, grand larceny in the third degree as defined in section 155.35 of 51 the penal law, grand larceny in the second degree as defined in section 52 155.40 of the penal law, grand larceny in the first degree as defined in 53 section 155.42 of the penal law, health care fraud in the fourth degree 54 as defined in section 177.10 of the penal law, health care fraud in the 55 third degree as defined in section 177.15 of the penal law, health care 56 fraud in the second degree as defined in section 177.20 of the penalS. 8279 15 1 law, health care fraud in the first degree as defined in section 177.25 2 of the penal law, robbery in the third degree as defined in section 3 160.05 of the penal law, robbery in the second degree as defined in 4 section 160.10 of the penal law, robbery in the first degree as defined 5 in section 160.15 of the penal law, unlawful use of secret scientific 6 material as defined in section 165.07 of the penal law, criminal 7 possession of stolen property in the fourth degree as defined in section 8 165.45 of the penal law, criminal possession of stolen property in the 9 third degree as defined in section 165.50 of the penal law, criminal 10 possession of stolen property in the second degree as defined by section 11 165.52 of the penal law, criminal possession of stolen property in the 12 first degree as defined by section 165.54 of the penal law, trademark 13 counterfeiting in the second degree as defined in section 165.72 of the 14 penal law, trademark counterfeiting in the first degree as defined in 15 section 165.73 of the penal law, forgery in the second degree as defined 16 in section 170.10 of the penal law, forgery in the first degree as 17 defined in section 170.15 of the penal law, criminal possession of a 18 forged instrument in the second degree as defined in section 170.25 of 19 the penal law, criminal possession of a forged instrument in the first 20 degree as defined in section 170.30 of the penal law, criminal 21 possession of forgery devices as defined in section 170.40 of the penal 22 law, falsifying business records in the first degree as defined in 23 section 175.10 of the penal law, tampering with public records in the 24 first degree as defined in section 175.25 of the penal law, offering a 25 false instrument for filing in the first degree as defined in section 26 175.35 of the penal law, issuing a false certificate as defined in 27 section 175.40 of the penal law, criminal diversion of prescription 28 medications and prescriptions in the second degree as defined in section 29 178.20 of the penal law, criminal diversion of prescription medications 30 and prescriptions in the first degree as defined in section 178.25 of 31 the penal law, residential mortgage fraud in the fourth degree as 32 defined in section 187.10 of the penal law, residential mortgage fraud 33 in the third degree as defined in section 187.15 of the penal law, resi- 34 dential mortgage fraud in the second degree as defined in section 187.20 35 of the penal law, residential mortgage fraud in the first degree as 36 defined in section 187.25 of the penal law, escape in the second degree 37 as defined in section 205.10 of the penal law, escape in the first 38 degree as defined in section 205.15 of the penal law, absconding from 39 temporary release in the first degree as defined in section 205.17 of 40 the penal law, promoting prison contraband in the first degree as 41 defined in section 205.25 of the penal law, hindering prosecution in the 42 second degree as defined in section 205.60 of the penal law, hindering 43 prosecution in the first degree as defined in section 205.65 of the 44 penal law, sex trafficking as defined in section 230.34 of the penal 45 law, sex trafficking of a child as defined in section 230.34-a of the 46 penal law, criminal possession of a weapon in the third degree as 47 defined in subdivisions two, three and five of section 265.02 of the 48 penal law, criminal possession of a weapon in the second degree as 49 defined in section 265.03 of the penal law, criminal possession of a 50 weapon in the first degree as defined in section 265.04 of the penal 51 law, manufacture, transport, disposition and defacement of weapons and 52 dangerous instruments and appliances defined as felonies in subdivisions 53 one, two, and three of section 265.10 of the penal law, sections 265.11, 54 265.12 and 265.13 of the penal law, or prohibited use of weapons as 55 defined in subdivision two of section 265.35 of the penal law, relating 56 to firearms and other dangerous weapons, criminal manufacture, sale orS. 8279 16 1 transport of an undetectable firearm, rifle or shotgun as defined in 2 section 265.50 of the penal law, or failure to disclose the origin of a 3 recording in the first degree as defined in section 275.40 of the penal 4 law; 5 § 34. Paragraph (a) of subdivision 2 of section 720.10 of the criminal 6 procedure law, as amended by chapter 316 of the laws of 2006, is amended 7 to read as follows: 8 (a) the conviction to be replaced by a youthful offender finding is 9 for (i) a class A-I or class A-II felony, or (ii) an armed felony as 10 defined in subdivision forty-one of section 1.20, except as provided in 11 subdivision three, or (iii) rape in the first degree[, criminal sexual12act in the first degree,] or aggravated sexual abuse, except as provided 13 in subdivision three, or 14 § 35. Paragraph (a) of subdivision 2 and paragraph (a) of subdivision 15 3 of section 168-a of the correction law, paragraph (a) of subdivision 2 16 as amended by chapter 405 of the laws of 2008, subparagraph (i) of para- 17 graph (a) of subdivision 2 as amended by chapter 189 of the laws of 2018 18 and paragraph (a) of subdivision 3 as amended by chapter 107 of the laws 19 of 2006, are amended to read as follows: 20 (a) (i) a conviction of or a conviction for an attempt to commit any 21 of the provisions of sections 120.70, 130.20, 130.25, 130.30, [130.40,22130.45,] 130.60, 230.34, 230.34-a 250.50, 255.25, 255.26 and 255.27 or 23 article two hundred sixty-three of the penal law, or section 135.05, 24 135.10, 135.20 or 135.25 of such law relating to kidnapping offenses, 25 provided the victim of such kidnapping or related offense is less than 26 seventeen years old and the offender is not the parent of the victim, or 27 section 230.04, where the person patronized is in fact less than seven- 28 teen years of age, 230.05, 230.06, 230.11, 230.12, 230.13, subdivision 29 two of section 230.30, section 230.32, 230.33, or 230.34 of the penal 30 law, or section 230.25 of the penal law where the person prostituted is 31 in fact less than seventeen years old, or (ii) a conviction of or a 32 conviction for an attempt to commit any of the provisions of section 33 235.22 of the penal law, or (iii) a conviction of or a conviction for an 34 attempt to commit any provisions of the foregoing sections committed or 35 attempted as a hate crime defined in section 485.05 of the penal law or 36 as a crime of terrorism defined in section 490.25 of such law or as a 37 sexually motivated felony defined in section 130.91 of such law; or 38 (a) (i) a conviction of or a conviction for an attempt to commit any 39 of the provisions of sections 130.35, [130.50,] 130.65, 130.66, 130.67, 40 130.70, 130.75, 130.80, 130.95 and 130.96 of the penal law, or (ii) a 41 conviction of or a conviction for an attempt to commit any of the 42 provisions of sections 130.53, 130.65-a and 130.90 of the penal law, or 43 (iii) a conviction of or a conviction for an attempt to commit any 44 provisions of the foregoing sections committed or attempted as a hate 45 crime defined in section 485.05 of the penal law or as a crime of 46 terrorism defined in section 490.25 of such law; or 47 § 36. Subparagraph (ii) of paragraph (a), subparagraphs (i) and (ii) 48 of paragraph (b) and paragraph (e) of subdivision 8 of section 384-b of 49 the social services law, subparagraph (ii) of paragraph (a) and subpara- 50 graph (i) of paragraph (b) as amended by chapter 430 of the laws of 51 2013, subparagraph (ii) of paragraph (b) as amended and paragraph (e) as 52 added by chapter 7 of the laws of 1999, are amended to read as follows: 53 (ii) the child has been found to be an abused child, as defined in 54 paragraph (iii) of subdivision (e) of section ten hundred twelve of the 55 family court act, as a result of such parent's acts; provided, however, 56 the respondent must have committed or knowingly allowed to be committedS. 8279 17 1 a felony sex offense as defined in sections 130.25, 130.30, 130.35, 2 [130.40, 130.45, 130.50,] 130.65, 130.67, 130.70, 130.75, 130.80, 130.95 3 and 130.96 of the penal law and, for the purposes of this section the 4 corroboration requirements contained in the penal law shall not apply to 5 proceedings under this section; or 6 (i) the child has been found to be an abused child, (A) as defined in 7 paragraph (i) of subdivision (e) of section ten hundred twelve of the 8 family court act, as a result of such parent's acts; or (B) as defined 9 in paragraph (iii) of subdivision (e) of section ten hundred twelve of 10 the family court act, as a result of such parent's acts; provided, 11 however, the respondent must have committed or knowingly allowed to be 12 committed a felony sex offense as defined in sections 130.25, 130.30, 13 130.35, [130.40, 130.45, 130.50,] 130.65, 130.67, 130.70, 130.75, 14 130.80, 130.95 and 130.96 of the penal law; and 15 (ii) (A) the child or another child for whose care such parent is or 16 has been legally responsible has been previously found, within the five 17 years immediately preceding the initiation of the proceeding in which 18 such abuse is found, to be an abused child, as defined in paragraph (i) 19 or (iii) of subdivision (e) of section ten hundred twelve of the family 20 court act, as a result of such parent's acts; provided, however, in the 21 case of a finding of abuse as defined in paragraph (iii) of subdivision 22 (e) of section ten hundred twelve of the family court act the respondent 23 must have committed or knowingly allowed to be committed a felony sex 24 offense as defined in sections 130.25, 130.30, 130.35, [130.40, 130.45,25130.50,] 130.65, 130.67, 130.70, 130.75 and 130.80 of the penal law, or 26 (B) the parent has been convicted of a crime under section 130.25, 27 130.30, 130.35, [130.40, 130.45, 130.50,] 130.65, 130.67, 130.70, 130.75 28 or 130.80 of the penal law against the child, a sibling of the child or 29 another child for whose care such parent is or has been legally respon- 30 sible, within the five year period immediately preceding the initiation 31 of the proceeding in which abuse is found; and 32 (e) A determination by the court in accordance with article ten of the 33 family court act based upon clear and convincing evidence that a child 34 was abused (A) as defined in paragraph (i) of subdivision (e) of section 35 ten hundred twelve of the family court act, as a result of such parent's 36 acts; or (B) as defined in paragraph (iii) of subdivision (e) of section 37 ten hundred twelve of the family court act, as a result of such parent's 38 acts; provided, however, the respondent must have committed or knowingly 39 allowed to be committed a felony sex offense as defined in sections 40 130.25, 130.30, 130.35, [130.40, 130.45, 130.50,] 130.65, 130.67, 41 130.70, 130.75 and 130.80 of the penal law shall establish that the 42 child was an abused child for the purpose of a determination as required 43 by subparagraph (i) or (ii) of paragraph (b) of this subdivision. Such a 44 determination by the court in accordance with article ten of the family 45 court act based upon a fair preponderance of evidence shall be admissi- 46 ble in any proceeding commenced in accordance with this section. 47 § 37. Paragraphs (a) and (b) of subdivision 4 of section 509-cc of the 48 vehicle and traffic law, paragraph (a) as amended by chapter 189 of the 49 laws of 2018 and paragraph (b) as amended by chapter 400 of the laws of 50 2011, are amended to read as follows: 51 (a) The offenses referred to in subparagraph (ii) of paragraph (a) of 52 subdivision one and paragraph (a) of subdivision two of this section 53 that result in permanent disqualification shall include a conviction 54 under sections 125.12, 125.13, 125.14, 125.15, 125.20, 125.21, 125.22, 55 125.25, 125.26, 125.27, 130.30, 130.35, [130.45, 130.50,] 130.65, 56 130.66, 130.67, 130.70, 130.75, 130.80, 130.90, 130.95, 130.96, 135.25,S. 8279 18 1 150.20, 230.30, 230.32, 230.34, 230.34-a, 235.22, 263.05, 263.10, 2 263.11, 263.15, 263.16 of the penal law or an attempt to commit any of 3 the aforesaid offenses under section 110.00 of the penal law, or any 4 offenses committed under a former section of the penal law which would 5 constitute violations of the aforesaid sections of the penal law, or any 6 offenses committed outside this state which would constitute violations 7 of the aforesaid sections of the penal law. 8 (b) The offenses referred to in subparagraph (ii) of paragraph (a) of 9 subdivision one and paragraph (b) of subdivision two of this section 10 that result in permanent disqualification shall include a conviction 11 under sections 100.13, 105.15, 105.17, 115.08, 120.12, 120.70, 125.10, 12 125.11, [130.40,] 130.53, 130.60, 130.65-a, 135.20, 160.15, 220.18, 13 220.21, 220.39, 220.41, 220.43, 220.44, 230.25, 260.00, 265.04 of the 14 penal law or an attempt to commit any of the aforesaid offenses under 15 section 110.00 of the penal law, or any offenses committed under a 16 former section of the penal law which would constitute violations of the 17 aforesaid sections of the penal law, or any offenses committed outside 18 this state which would constitute violations of the aforesaid sections 19 of the penal law. 20 § 38. Subdivision (b) of section 117 of the family court act, as 21 amended by chapter 7 of the laws of 2007, is amended to read as follows: 22 (b) For every juvenile delinquency proceeding under article three 23 involving an allegation of an act committed by a person which, if done 24 by an adult, would be a crime (i) defined in sections 125.27 (murder in 25 the first degree); 125.25 (murder in the second degree); 135.25 (kidnap- 26 ping in the first degree); or 150.20 (arson in the first degree) of the 27 penal law committed by a person thirteen, fourteen or fifteen years of 28 age; or such conduct committed as a sexually motivated felony, where 29 authorized pursuant to section 130.91 of the penal law; (ii) defined in 30 sections 120.10 (assault in the first degree); 125.20 (manslaughter in 31 the first degree); 130.35 (rape in the first degree); [130.50 (criminal32sexual act in the first degree);] 135.20 (kidnapping in the second 33 degree), but only where the abduction involved the use or threat of use 34 of deadly physical force; 150.15 (arson in the second degree); or 160.15 35 (robbery in the first degree) of the penal law committed by a person 36 thirteen, fourteen or fifteen years of age; or such conduct committed as 37 a sexually motivated felony, where authorized pursuant to section 130.91 38 of the penal law; (iii) defined in the penal law as an attempt to commit 39 murder in the first or second degree or kidnapping in the first degree 40 committed by a person thirteen, fourteen or fifteen years of age; or 41 such conduct committed as a sexually motivated felony, where authorized 42 pursuant to section 130.91 of the penal law; (iv) defined in section 43 140.30 (burglary in the first degree); subdivision one of section 140.25 44 (burglary in the second degree); subdivision two of section 160.10 45 (robbery in the second degree) of the penal law; or section 265.03 of 46 the penal law, where such machine gun or such firearm is possessed on 47 school grounds, as that phrase is defined in subdivision fourteen of 48 section 220.00 of the penal law committed by a person fourteen or 49 fifteen years of age; or such conduct committed as a sexually motivated 50 felony, where authorized pursuant to section 130.91 of the penal law; 51 (v) defined in section 120.05 (assault in the second degree) or 160.10 52 (robbery in the second degree) of the penal law committed by a person 53 fourteen or fifteen years of age but only where there has been a prior 54 finding by a court that such person has previously committed an act 55 which, if committed by an adult, would be the crime of assault in the 56 second degree, robbery in the second degree or any designated felony actS. 8279 19 1 specified in clause (i), (ii) or (iii) of this subdivision regardless of 2 the age of such person at the time of the commission of the prior act; 3 or (vi) other than a misdemeanor, committed by a person at least seven 4 but less than sixteen years of age, but only where there has been two 5 prior findings by the court that such person has committed a prior act 6 which, if committed by an adult would be a felony: 7 (i) There is hereby established in the family court in the city of New 8 York at least one "designated felony act part." Such part or parts shall 9 be held separate from all other proceedings of the court, and shall have 10 jurisdiction over all proceedings involving such an allegation. All such 11 proceedings shall be originated in or be transferred to this part from 12 other parts as they are made known to the court. 13 (ii) Outside the city of New York, all proceedings involving such an 14 allegation shall have a hearing preference over every other proceeding 15 in the court, except proceedings under article ten. 16 § 39. Paragraph (ii) of subdivision 8 of section 301.2 of the family 17 court act, as amended by section 57 of part WWW of chapter 59 of the 18 laws of 2017, is amended to read as follows: 19 (ii) defined in sections 120.10 (assault in the first degree); 125.20 20 (manslaughter in the first degree); 130.35 (rape in the first degree); 21 [130.50 (criminal sexual act in the first degree);] 130.70 (aggravated 22 sexual abuse in the first degree); 135.20 (kidnapping in the second 23 degree) but only where the abduction involved the use or threat of use 24 of deadly physical force; 150.15 (arson in the second degree) or 160.15 25 (robbery in the first degree) of the penal law committed by a person 26 thirteen, fourteen, fifteen, or sixteen, or, commencing October first, 27 two thousand nineteen, seventeen years of age; or such conduct committed 28 as a sexually motivated felony, where authorized pursuant to section 29 130.91 of the penal law; 30 § 40. Subdivision 4 of section 308.1 of the family court act, as 31 amended by chapter 264 of the laws of 2003, is amended to read as 32 follows: 33 4. The probation service shall not adjust a case in which the child 34 has allegedly committed a delinquent act which would be a crime defined 35 in section 120.25, (reckless endangerment in the first degree), subdivi- 36 sion one of section 125.15, (manslaughter in the second degree), [subdi-37vision] subdivisions one, two and three of section 130.25, (rape in the 38 third degree), [subdivision one of section 130.40, (criminal sexual act39in the third degree),] subdivision one or two of section 130.65, (sexual 40 abuse in the first degree), section 135.65, (coercion in the first 41 degree), section 140.20, (burglary in the third degree), section 150.10, 42 (arson in the third degree), section 160.05, (robbery in the third 43 degree), subdivision two, three or four of section 265.02, (criminal 44 possession of a weapon in the third degree), section 265.03, (criminal 45 possession of a weapon in the second degree), or section 265.04, (crimi- 46 nal possession of a dangerous weapon in the first degree) of the penal 47 law where the child has previously had one or more adjustments of a case 48 in which such child allegedly committed an act which would be a crime 49 specified in this subdivision unless it has received written approval 50 from the court and the appropriate presentment agency. 51 § 41. Subdivision (c) of section 1052 of the family court act, as 52 added by chapter 739 of the laws of 1981, is amended to read as follows: 53 (c) Prior to granting an order of disposition pursuant to subdivision 54 (a) of this section following an adjudication of child abuse, as defined 55 in paragraph (i) of subdivision (e) of section ten hundred twelve of 56 this act or a finding of a felony sex offense as defined in sectionsS. 8279 20 1 130.25, 130.30, 130.35, [130.40, 130.45, 130.50,] 130.65 and 130.70 of 2 the penal law, the court shall advise the respondent that any subsequent 3 adjudication of child abuse, as defined in paragraph (i) of subdivision 4 (e) of section one thousand twelve of this act or any subsequent finding 5 of a felony sex offense as defined in those sections of the penal law 6 herein enumerated, arising out of acts of the respondent may result in 7 the commitment of the guardianship and custody of the child or another 8 child pursuant to section three hundred eighty-four-b of the social 9 services law. The order in such cases shall contain a statement that any 10 subsequent adjudication of child abuse or finding of a felony sex 11 offense as described herein may result in the commitment of the guardi- 12 anship and custody of the child, or another child pursuant to section 13 three hundred eighty-four-b of the social services law. 14 § 42. Subdivision 2 of section 61 of the civil rights law, as amended 15 by section 54 of subpart B of part C of chapter 62 of the laws of 2011, 16 is amended to read as follows: 17 2. If the petitioner stands convicted of a violent felony offense as 18 defined in section 70.02 of the penal law or a felony defined in article 19 one hundred twenty-five of such law or any of the following provisions 20 of such law sections 130.25, 130.30, [130.40, 130.45,] 255.25, 255.26, 21 255.27, article two hundred sixty-three, 135.10, 135.25, 230.05, 230.06, 22 subdivision two of section 230.30 or 230.32, and is currently confined 23 as an inmate in any correctional facility or currently under the super- 24 vision of the department of corrections and community supervision or a 25 county probation department as a result of such conviction, the petition 26 shall for each such conviction specify such felony conviction, the date 27 of such conviction or convictions, and the court in which such 28 conviction or convictions were entered. 29 § 43. Subdivision 2 of section 62 of the civil rights law, as amended 30 by section 55 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 petition be to change the name of a person currently 33 confined as an inmate in any correctional facility or currently under 34 the supervision of the department of corrections and community super- 35 vision or a county probation department as a result of a conviction for 36 a violent felony offense as defined in section 70.02 of the penal law or 37 a felony defined in article one hundred twenty-five of such law or any 38 of the following provisions of such law sections 130.25, 130.30, 39 [130.40, 130.45,] 255.25, 255.26, 255.27, article two hundred sixty- 40 three, 135.10, 135.25, 230.05, 230.06, subdivision two of section 230.30 41 or 230.32, notice of the time and place when and where the petition will 42 be presented shall be served, in like manner as a notice of a motion 43 upon an attorney in an action, upon the district attorney of every coun- 44 ty in which such person has been convicted of such felony and upon the 45 court or courts in which the sentence for such felony was entered. 46 Unless a shorter period of time is ordered by the court, said notice 47 shall be served upon each such district attorney and court or courts not 48 less than sixty days prior to the date on which such petition is noticed 49 to be heard. 50 § 44. The closing paragraph of section 64 of the civil rights law, as 51 separately amended by chapters 258, 320 and 481 of the laws of 2006, is 52 amended to read as follows: 53 Upon compliance with the order and the filing of the affidavit of the 54 publication, as provided in this section, the clerk of the court in 55 which the order has been entered shall certify that the order has been 56 complied with; and, if the petition states that the petitioner standsS. 8279 21 1 convicted of a violent felony offense as defined in section 70.02 of the 2 penal law or a felony defined in article one hundred twenty-five of such 3 law or any of the following provisions of such law sections 130.25, 4 130.30, [130.40, 130.45,] 255.25, 255.26, 255.27, article two hundred 5 sixty-three, 135.10, 135.25, 230.05, 230.06, subdivision two of section 6 230.30 or 230.32, such clerk (1) shall deliver, by first class mail, a 7 copy of such certified order to the division of criminal justice 8 services at its office in the county of Albany and (2) upon the clerk of 9 the court reviewing the petitioner's application for name change and 10 subsequent in-court inquiry, may, in the clerk's discretion, deliver, by 11 first class mail, the petitioner's new name with such certified order to 12 the court of competent jurisdiction which imposed the orders of support. 13 Such certification shall appear on the original order and on any certi- 14 fied copy thereof and shall be entered in the clerk's minutes of the 15 proceeding. 16 § 45. Section 213-c of the civil practice law and rules, as amended by 17 chapter 315 of the laws of 2019, is amended to read as follows: 18 § 213-c. Action by victim of conduct constituting certain sexual 19 offenses. Notwithstanding any other limitation set forth in this arti- 20 cle, except as provided in subdivision (b) of section two hundred eight 21 of this article, all civil claims or causes of action brought by any 22 person for physical, psychological or other injury or condition suffered 23 by such person as a result of conduct which would constitute rape in the 24 first degree as defined in section 130.35 of the penal law, or rape in 25 the second degree as defined in subdivision two of section 130.30 of the 26 penal law, or rape in the third degree as defined in subdivision one or 27 three of section 130.25 of the penal law, [or criminal sexual act in the28first degree as defined in section 130.50 of the penal law, or criminal29sexual act in the second degree as defined in subdivision two of section30130.45 of the penal law, or criminal sexual act in the third degree as31defined in subdivision one or three of section 130.40 of the penal law,] 32 or incest in the first degree as defined in section 255.27 of the penal 33 law, or incest in the second degree as defined in section 255.26 of the 34 penal law (where the crime committed is rape in the second degree as 35 defined in subdivision two of section 130.30 of the penal law or crimi- 36 nal sexual act in the second degree as defined in subdivision two of 37 section 130.45), or aggravated sexual abuse in the first degree as 38 defined in section 130.70 of the penal law, or course of sexual conduct 39 against a child in the first degree as defined in section 130.75 of the 40 penal law may be brought against any party whose intentional or negli- 41 gent acts or omissions are alleged to have resulted in the commission of 42 the said conduct, within twenty years. Nothing in this section shall be 43 construed to require that a criminal charge be brought or a criminal 44 conviction be obtained as a condition of bringing a civil cause of 45 action or receiving a civil judgment pursuant to this section or be 46 construed to require that any of the rules governing a criminal proceed- 47 ing be applicable to any such civil action. 48 § 46. Paragraph (b) of subdivision 8 of section 215 of the civil prac- 49 tice law and rules, as added by chapter 3 of the laws of 2006, is 50 amended to read as follows: 51 (b) Whenever it is shown that a criminal action against the same 52 defendant has been commenced with respect to the event or occurrence 53 from which a claim governed by this section arises, and such criminal 54 action is for rape in the first degree as defined in section 130.35 of 55 the penal law, [or criminal sexual act in the first degree as defined in56section 130.50 of the penal law,] or aggravated sexual abuse in theS. 8279 22 1 first degree as defined in section 130.70 of the penal law, or course of 2 sexual conduct against a child in the first degree as defined in section 3 130.75 of the penal law, the plaintiff shall have at least five years 4 from the termination of the criminal action as defined in section 1.20 5 of the criminal procedure law in which to commence the civil action, 6 notwithstanding that the time in which to commence such action has 7 already expired or has less than a year remaining. 8 § 47. Subdivision 11 of section 123 of the agriculture and markets 9 law, as amended by chapter 392 of the laws of 2004, and such section as 10 renumbered by section 18 of part T of chapter 59 of the laws of 2010, is 11 amended to read as follows: 12 11. The owner shall not be liable pursuant to subdivision six, seven, 13 eight, nine or ten of this section if the dog was coming to the aid or 14 defense of a person during the commission or attempted commission of a 15 murder, robbery, burglary, arson, rape in the first degree as defined in 16 paragraph (a) or (b) of subdivision one [or], paragraph (a) or (b) of 17 subdivision two or paragraph (a) or (b) of subdivision three of section 18 130.35 of the penal law[, criminal sexual act in the first degree as19defined in subdivision one or two of section 130.50 of the penal law] or 20 kidnapping within the dwelling or upon the real property of the owner of 21 the dog and the dog injured or killed the person committing such crimi- 22 nal activity. 23 § 48. Section 4 of the judiciary law, as amended by chapter 1 of the 24 laws of 2019, is amended to read as follows: 25 § 4. Sittings of courts to be public. The sittings of every court 26 within this state shall be public, and every citizen may freely attend 27 the same, except that in all proceedings and trials in cases for 28 divorce, seduction, rape, assault with intent to commit rape, [criminal29sexual act,] bastardy or filiation, the court may, in its discretion, 30 exclude therefrom all persons who are not directly interested therein, 31 excepting jurors, witnesses, and officers of the court. 32 § 49. Subdivision 2 of section 120.60 of the penal law, as amended by 33 chapter 434 of the laws of 2000, is amended to read as follows: 34 2. commits a class A misdemeanor defined in article one hundred thirty 35 of this chapter, or a class E felony defined in section 130.25, [130.40] 36 or 130.85 of this chapter, or a class D felony defined in section 130.30 37 [or 130.45] of this chapter. 38 § 50. Subdivision 1 of section 210.16 of the criminal procedure law, 39 as added by chapter 571 of the laws of 2007, is amended to read as 40 follows: 41 1. (a) In a case where an indictment or a superior court information 42 has been filed with a superior court which charges the defendant with a 43 felony offense enumerated in any section of article one hundred thirty 44 of the penal law where an act of "[sexual intercourse] vaginal sexual 45 contact", "oral sexual [conduct] contact" or "anal sexual [conduct] 46 contact," as those terms are defined in section 130.00 of the penal law, 47 is required as an essential element for the commission thereof, the 48 court shall, upon a request of the victim within six months of the date 49 of the crimes charged, order that the defendant submit to human immuno- 50 deficiency virus (HIV) related testing. Testing of a defendant shall be 51 ordered when the result would provide medical benefit to the victim or a 52 psychological benefit to the victim. Medical benefit shall be found when 53 the following elements are satisfied: (i) a decision is pending about 54 beginning, continuing, or discontinuing a medical intervention for the 55 victim; and (ii) the result of an HIV test of the accused could affect 56 that decision, and could provide relevant information beyond that whichS. 8279 23 1 would be provided by an HIV test of the victim. If testing the defendant 2 would provide medical benefit to the victim or a psychological benefit 3 to the victim, then the testing is to be conducted by a state, county, 4 or local public health officer designated by the order. Test results, 5 which shall not be disclosed to the court, shall be communicated to the 6 defendant and the victim named in the order in accordance with the 7 provisions of section twenty-seven hundred eighty-five-a of the public 8 health law. 9 (b) For the purposes of this section, the terms "victim" and "appli- 10 cant" mean the person with whom the defendant is charged to have engaged 11 in 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, where such conduct with 14 such victim was the basis for charging the defendant with an offense 15 specified in paragraph (a) of this subdivision. 16 § 51. Subdivision 1 of section 390.15 of the criminal procedure law, 17 as amended by chapter 264 of the laws of 2003, is amended to read as 18 follows: 19 1. (a) In any case where the defendant is convicted of a felony 20 offense enumerated in any section of article one hundred thirty of the 21 penal law, or any subdivision of section 130.20 of such law, where an 22 act of "[sexual intercourse] vaginal sexual contact", "oral sexual 23 [conduct] contact" or "anal sexual [conduct] contact," as those terms 24 are defined in section 130.00 of the penal law, is required as an essen- 25 tial element for the commission thereof, the court must, upon a request 26 of the victim, order that the defendant submit to human immunodeficiency 27 (HIV) related testing. The testing is to be conducted by a state, coun- 28 ty, or local public health officer designated by the order. Test 29 results, which shall not be disclosed to the court, shall be communi- 30 cated to the defendant and the victim named in the order in accordance 31 with the provisions of section twenty-seven hundred eighty-five-a of the 32 public health law, but such results and disclosure need not be completed 33 prior to the imposition of sentence. 34 (b) For the purposes of this section, the terms "defendant", 35 "conviction" and "sentence" mean and include, respectively, an "eligible 36 youth," a "youthful offender finding" and a "youthful offender sentence" 37 as those terms are defined in section 720.10 of this chapter. The term 38 "victim" means the person with whom the defendant engaged in an act of 39 "[sexual intercourse] vaginal sexual contact", "oral sexual [conduct] 40 contact" or "anal sexual [conduct] contact", as those terms are defined 41 in section 130.00 of the penal law, where such conduct with such victim 42 was the basis for the defendant's conviction of an offense specified in 43 paragraph (a) of this subdivision. 44 § 52. Subdivision 1 of section 347.1 of the family court act, as 45 amended by chapter 264 of the laws of 2003, is amended to read as 46 follows: 47 1. (a) In any proceeding where the respondent is found pursuant to 48 section 345.1 or 346.1 of this article, to have committed a felony 49 offense enumerated in any section of article one hundred thirty of the 50 penal law, or any subdivision of section 130.20 of such law, for which 51 an act of "[sexual intercourse] vaginal sexual contact", "oral sexual 52 [conduct] contact" or "anal sexual [conduct] contact", as those terms 53 are defined in section 130.00 of the penal law, is required as an essen- 54 tial element for the commission thereof, the court must, upon a request 55 of the victim, order that the respondent submit to human immunodeficien- 56 cy (HIV) related testing. The testing is to be conducted by a state,S. 8279 24 1 county, or local public health officer designated by the order. Test 2 results, which shall not be disclosed to the court, shall be communi- 3 cated to the respondent and the victim named in the order in accordance 4 with the provisions of section twenty-seven hundred eighty-five-a of the 5 public health law. 6 (b) For the purposes of this section, the term "victim" means the 7 person with whom the respondent engaged in an act of "[sexual inter-8course] vaginal sexual contact", "oral sexual [conduct] contact" or 9 "anal sexual [conduct] contact", as those terms are defined in section 10 130.00 of the penal law, where such conduct with such victim was the 11 basis for the court's finding that the respondent committed acts consti- 12 tuting one or more of the offenses specified in paragraph (a) of this 13 subdivision. 14 § 53. Subdivision (a) of section 130.16 of the penal law, as amended 15 by chapter 264 of the laws of 2003, is amended to read as follows: 16 (a) Establish that an attempt was made to engage the victim in [sexual17intercourse] vaginal sexual contact, oral sexual [conduct] contact, anal 18 sexual [conduct] contact, or sexual contact, as the case may be, at the 19 time of the occurrence; and 20 § 54. Section 130.20 of the penal law, as amended by chapter 1 of the 21 laws of 2000, subdivision 2 as amended by chapter 264 of the laws of 22 2003, is amended to read as follows: 23 § 130.20 Sexual misconduct. 24 A person is guilty of sexual misconduct when: 25 1. He or she engages in [sexual intercourse] vaginal sexual contact 26 with another person without such person's consent; or 27 2. He or she engages in oral sexual [conduct or anal sexual conduct] 28 contact with another person without such person's consent; or 29 3. He or she engages in anal sexual contact with another person with- 30 out such person's consent; or 31 4. He or she engages in sexual conduct with an animal or a dead human 32 body. 33 Sexual misconduct is a class A misdemeanor. 34 § 55. Paragraphs (a) and (b) of subdivision 1 of section 130.75 of the 35 penal law, as amended by chapter 264 of the laws of 2003, are amended to 36 read as follows: 37 (a) he or she engages in two or more acts of sexual conduct, which 38 includes at least one act of [sexual intercourse] vaginal sexual 39 contact, oral sexual [conduct] contact, anal sexual [conduct] contact or 40 aggravated sexual contact, with a child less than eleven years old; or 41 (b) he or she, being eighteen years old or more, engages in two or 42 more acts of sexual conduct, which include at least one act of [sexual43intercourse] vaginal sexual contact, oral sexual [conduct] contact, anal 44 sexual [conduct] contact or aggravated sexual contact, with a child less 45 than thirteen years old. 46 § 56. Subdivision 1 of section 235.00 of the penal law, as amended by 47 chapter 264 of the laws of 2003, is amended to read as follows: 48 1. "Obscene." Any material or performance is "obscene" if (a) the 49 average person, applying contemporary community standards, would find 50 that considered as a whole, its predominant appeal is to the prurient 51 interest in sex, and (b) it depicts or describes in a patently offensive 52 manner, actual or simulated: [sexual intercourse] vaginal sexual 53 contact, [criminal sexual act] oral sexual contact, anal sexual contact, 54 sexual bestiality, masturbation, sadism, masochism, excretion or lewd 55 exhibition of the genitals, and (c) considered as a whole, it lacks 56 serious literary, artistic, political, and scientific value. PredominantS. 8279 25 1 appeal shall be judged with reference to ordinary adults unless it 2 appears from the character of the material or the circumstances of its 3 dissemination to be designed for children or other [specially] especial- 4 ly susceptible audience. 5 § 57. Subdivision 2 of section 235.22 of the penal law, as amended by 6 chapter 264 of the laws of 2003, is amended to read as follows: 7 2. by means of such communication he importunes, invites or induces a 8 minor to engage in [sexual intercourse] vaginal sexual contact, oral 9 sexual [conduct] contact or anal sexual [conduct] contact, or sexual 10 contact with him, or to engage in a sexual performance, obscene sexual 11 performance, or sexual conduct for his benefit. 12 § 58. Section 255.25 of the penal law, as amended by chapter 320 of 13 the laws of 2006, is amended to read as follows: 14 § 255.25 Incest in the third degree. 15 A person is guilty of incest in the third degree when he or she 16 marries or engages in [sexual intercourse] vaginal sexual contact, oral 17 sexual [conduct] contact or anal sexual [conduct] contact with a person 18 whom he or she knows to be related to him or her, whether through 19 marriage or not, as an ancestor, descendant, brother or sister of either 20 the whole or the half blood, uncle, aunt, nephew or niece. 21 Incest in the third degree is a class E felony. 22 § 59. Subdivision 3 of section 263.00 of the penal law, as amended by 23 chapter 264 of the laws of 2003, is amended to read as follows: 24 3. "Sexual conduct" means actual or simulated [sexual intercourse] 25 vaginal sexual contact, oral sexual [conduct] contact, anal sexual 26 [conduct]contact, sexual bestiality, masturbation, sado-masochistic 27 abuse, or lewd exhibition of the genitals. 28 § 60. Subdivision 3 of section 60.42 of the criminal procedure law, as 29 amended by section 1 of part R of chapter 55 of the laws of 2019, is 30 amended to read as follows: 31 3. rebuts evidence introduced by the people of the victim's failure to 32 engage in [sexual intercourse] vaginal sexual contact, oral sexual 33 [conduct] contact, anal sexual [conduct] contact or sexual contact 34 during a given period of time; or 35 § 61. Subdivision 3 of section 344.4 of the family court act, as 36 amended by chapter 264 of the laws of 2003, is amended to read as 37 follows: 38 3. rebuts evidence introduced by the presentment agency of the 39 victim's failure to engage in [sexual intercourse] vaginal sexual 40 contact, oral sexual [conduct] contact, anal sexual [conduct] contact or 41 sexual contact during a given period of time; or 42 § 62. Subdivision 4 of section 170 of the domestic relations law, as 43 amended by chapter 264 of the laws of 2003, is amended to read as 44 follows: 45 (4) The commission of an act of adultery, provided that adultery for 46 the purposes of articles ten, eleven, and eleven-A of this chapter, is 47 hereby defined as the commission of an act of [sexual intercourse] vagi- 48 nal sexual contact, oral sexual [conduct] contact or anal sexual 49 [conduct] contact, voluntarily performed by the defendant, with a person 50 other than the plaintiff after the marriage of plaintiff and defendant. 51 Oral sexual [conduct] contact and anal sexual [conduct] contact include, 52 but are not limited to, sexual conduct as defined in subdivision two of 53 section 130.00 and subdivision [three] four of section 130.20 of the 54 penal law.S. 8279 26 1 § 63. The first undesignated paragraph of section 135.61 of the penal 2 law, as added by section 2 of part NN of chapter 55 of the laws of 2018, 3 is amended to read as follows: 4 A person is guilty of coercion in the second degree when he or she 5 commits the crime of coercion in the third degree as defined in section 6 135.60 of this article and thereby compels or induces a person to engage 7 in [sexual intercourse] vaginal sexual contact, oral sexual [conduct] 8 contact or anal sexual [conduct] contact as such terms are defined in 9 section [130 of the penal law] 130.00 of this title. 10 § 64. The first undesignated paragraph of section 230.11 of the penal 11 law, as added by chapter 368 of the laws of 2015, is amended to read as 12 follows: 13 A person is guilty of aggravated patronizing a minor for prostitution 14 in the third degree when, being twenty-one years old or more, he or she 15 patronizes a person for prostitution and the person patronized is less 16 than seventeen years old and the person guilty of patronizing engages in 17 [sexual intercourse] vaginal sexual contact, oral sexual [conduct] 18 contact, anal sexual [conduct] contact, or aggravated sexual [conduct] 19 contact as those terms are defined in section 130.00 of this part, with 20 the person patronized. 21 § 65. The first undesignated paragraph of section 230.12 of the penal 22 law, as added by chapter 368 of the laws of 2015, is amended to read as 23 follows: 24 A person is guilty of aggravated patronizing a minor for prostitution 25 in the second degree when, being eighteen years old or more, he or she 26 patronizes a person for prostitution and the person patronized is less 27 than fifteen years old and the person guilty of patronizing engages in 28 [sexual intercourse] vaginal sexual contact, oral sexual [conduct] 29 contact, anal sexual [conduct] contact, or aggravated sexual [conduct] 30 contact as those terms are defined in section 130.00 of this part, with 31 the person patronized. 32 § 66. The first undesignated paragraph of section 230.13 of the penal 33 law, as added by chapter 368 of the laws of 2015, is amended to read as 34 follows: 35 A person is guilty of aggravated patronizing a minor for prostitution 36 in the first degree when he or she patronizes a person for prostitution 37 and the person patronized is less than eleven years old, or being eigh- 38 teen years old or more, he or she patronizes a person for prostitution 39 and the person patronized is less than thirteen years old, and the 40 person guilty of patronizing engages in [sexual intercourse] vaginal 41 sexual contact, oral sexual [conduct] contact, anal sexual [conduct] 42 contact, or aggravated sexual [conduct] contact as those terms are 43 defined in section 130.00 of this part, with the person patronized. 44 § 67. Subdivision 4 of section 200 of the domestic relations law, as 45 amended by chapter 264 of the laws of 2003, is amended to read as 46 follows: 47 4. The commission of an act of adultery by the defendant; except where 48 such offense is committed by the procurement or with the connivance of 49 the plaintiff or where there is voluntary cohabitation of the parties 50 with the knowledge of the offense or where action was not commenced 51 within five years after the discovery by the plaintiff of the offense 52 charged or where the plaintiff has also been guilty of adultery under 53 such circumstances that the defendant would have been entitled, if inno- 54 cent, to a divorce, provided that adultery for the purposes of this 55 subdivision is hereby defined as the commission of an act of [sexual56intercourse] vaginal sexual contact, oral sexual [conduct] contact orS. 8279 27 1 anal sexual [conduct] contact, voluntarily performed by the defendant, 2 with a person other than the plaintiff after the marriage of plaintiff 3 and defendant. Oral sexual [conduct] contact and anal sexual [conduct] 4 contact include, but are not limited to, sexual conduct as defined in 5 subdivision two of section 130.00 and subdivision [three] four of 6 section 130.20 of the penal law. 7 § 68. As it pertains to the repealed sections of law, nothing in this 8 act shall affect a requirement to register pursuant to article 6-C of 9 the correction law; a lawfully required disclosure of a conviction; any 10 restriction or prohibition for certain types of employment, housing, or 11 government benefit; or any other ongoing matter related to a conviction 12 of the sections repealed in this act. 13 § 69. This act shall take effect January 1, 2021 and shall apply to 14 any offense on or after such effective date.
