Bill Text: NY A00794 | 2019-2020 | General Assembly | Amended


Bill Title: Relates to the offenses of rape in the first, second and third degrees.

Spectrum: Moderate Partisan Bill (Democrat 27-6)

Status: (Engrossed) 2019-05-06 - RECOMMITTED TO CODES [A00794 Detail]

Download: New_York-2019-A00794-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         794--C
                                                                    R. R. 55
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 11, 2019
                                       ___________
        Introduced  by M. of A. SIMOTAS, COLTON, AUBRY, ENGLEBRIGHT, BRAUNSTEIN,
          DenDEKKER, JAFFEE, PERRY, COOK, WEPRIN, SANTABARBARA,  ROZIC,  HEVESI,
          QUART,  LIFTON,  OTIS,  MOSLEY,  FAHY, SEAWRIGHT, TAYLOR, ZEBROWSKI --
          Multi-Sponsored by -- M. of A. ARROYO, BUCHWALD,  FINCH,  FITZPATRICK,
          GALEF,    GLICK,    LUPARDO,    MALLIOTAKIS,   McDONOUGH,   MONTESANO,
          PEOPLES-STOKES, RA -- read once and referred to the Committee on Codes
          -- committee discharged, bill amended, ordered  reprinted  as  amended
          and  recommitted to said committee -- again reported from said commit-
          tee with amendments, ordered reprinted as amended and  recommitted  to
          said  committee  -- reported and referred to the Committee on Rules --
          ordered to a third reading, passed by Assembly and  delivered  to  the
          Senate,  recalled  from  the  Senate, vote reconsidered, bill amended,
          ordered reprinted, retaining its place on the special order  of  third
          reading
        AN  ACT  to  amend  the  penal  law,  the  criminal  procedure  law, the
          correction law, the social services law, the vehicle and traffic  law,
          the family court act, the civil rights law, the civil practice law and
          rules,  the  agriculture  and  markets  law, the judiciary law and the
          domestic relations law, in relation to sex  offenses;  and  to  repeal
          certain provisions of the penal law relating thereto
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Sections 130.40, 130.45 and 130.50 of  the  penal  law  are
     2  REPEALED.
     3    § 2. Subdivisions 1 and 2 of section 130.00 of the penal law, subdivi-
     4  sion  2  as  amended  by chapter 264 of the laws of 2003, are amended to
     5  read as follows:
     6    1. "[Sexual intercourse] Vaginal sexual  contact"  [has  its  ordinary
     7  meaning  and  occurs upon any penetration, however slight] means conduct
     8  between persons consisting of contact between the penis and  the  vagina
     9  or vulva.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01481-08-9

        A. 794--C                           2
     1    2.  (a)  "Oral sexual [conduct] contact" means conduct between persons
     2  consisting of contact between the mouth and the penis, the mouth and the
     3  anus, or the mouth and the vulva or vagina.
     4    (b)  "Anal  sexual  [conduct]  contact"  means conduct between persons
     5  consisting of contact between the penis and anus.
     6    § 3. Section 130.25 of the penal law, as amended by chapter 1  of  the
     7  laws of 2000, is amended to read as follows:
     8  § 130.25 Rape in the third degree.
     9    A person is guilty of rape in the third degree when:
    10    1.  He  or  she engages in [sexual intercourse] vaginal sexual contact
    11  with another person who is incapable of consent by reason of some factor
    12  other than being less than seventeen years old;
    13    2. He or she engages in oral sexual contact with another person who is
    14  incapable of consent by reason of some factor other than being less than
    15  seventeen years old;
    16    3. He or she engages in anal sexual contact with another person who is
    17  incapable of consent by reason of some other  factor  other  than  being
    18  less than seventeen years old;
    19    4.  Being  twenty-one  years old or more, he or she engages in [sexual
    20  intercourse] vaginal sexual contact with another person less than seven-
    21  teen years old; [or
    22    3.] 5.  Being twenty-one years old or more, he or she engages in  oral
    23  sexual contact with another person less than seventeen years old;
    24    6. Being twenty-one years old or more, he or she engages in anal sexu-
    25  al contact with another person less than seventeen years old;
    26    7.  He  or  she engages in [sexual intercourse] vaginal sexual contact
    27  with another person without such person's consent  where  such  lack  of
    28  consent is by reason of some factor other than incapacity to consent[.];
    29    8.  He or she engages in oral sexual contact with another person with-
    30  out such person's consent where such lack of consent  is  by  reason  of
    31  some factor other than incapacity to consent; or
    32    9.  He or she engages in anal sexual contact with another person with-
    33  out such person's consent where such lack of consent  is  by  reason  of
    34  some factor other than the incapacity to consent.
    35    Rape in the third degree is a class E felony.
    36    §  4.  Section 130.30 of the penal law, as amended by chapter 1 of the
    37  laws of 2000, is amended to read as follows:
    38  § 130.30 Rape in the second degree.
    39    A person is guilty of rape in the second degree when:
    40    1. being eighteen years old or more, he  or  she  engages  in  [sexual
    41  intercourse]  vaginal  sexual  contact  with  another  person  less than
    42  fifteen years old; [or]
    43    2. being eighteen years old or more, he or she engages in oral  sexual
    44  contact with another person less than fifteen years old;
    45    3.  being eighteen years old or more, he or she engages in anal sexual
    46  contact with another person less than fifteen years old;
    47    4. he or she engages in [sexual intercourse]  vaginal  sexual  contact
    48  with  another  person  who  is  incapable  of consent by reason of being
    49  mentally disabled or mentally incapacitated[.];
    50    5. he or she engages in oral sexual contact with another person who is
    51  incapable of consent by reason of being mentally  disabled  or  mentally
    52  incapacitated; or
    53    6. he or she engages in anal sexual contact with another person who is
    54  incapable  of  consent  by reason of being mentally disabled or mentally
    55  incapacitated.

        A. 794--C                           3
     1    It shall be an affirmative defense to the crime of rape in the  second
     2  degree  as  defined  in [subdivision] subdivisions one, two and three of
     3  this section that the defendant was less than four years older than  the
     4  victim at the time of the act.
     5    Rape in the second degree is a class D felony.
     6    §  5.  Section 130.35 of the penal law, as amended by chapter 1 of the
     7  laws of 2000, is amended to read as follows:
     8  § 130.35 Rape in the first degree.
     9    A person is guilty of rape in the first degree when:
    10    1. he or she engages in [sexual intercourse]  vaginal  sexual  contact
    11  with another person:
    12    [1.] (a) By forcible compulsion; or
    13    [2.]  (b)  Who  is  incapable of consent by reason of being physically
    14  helpless; or
    15    [3.] (c) Who is less than eleven years old; or
    16    [4.] (d) Who is less than thirteen years old and the actor is eighteen
    17  years old or more[.];
    18    2. he or she engages in oral sexual contact with another person:
    19    (a) By forcible compulsion; or
    20    (b) Who is incapable of consent by reason of  being  physically  help-
    21  less; or
    22    (c) Who is less than eleven years old; or
    23    (d)  Who  is  less  than  thirteen years old and the actor is eighteen
    24  years old or more; or
    25    3. he or she engages in anal sexual contact with another person:
    26    (a) by forcible compulsion; or
    27    (b) who is incapable of consent by reason of  being  physically  help-
    28  less; or
    29    (c) who is less than eleven years old; or
    30    (d)  who  is  less  than  thirteen years old and the actor is eighteen
    31  years old or more.
    32    Rape in the first degree is a class B felony.
    33    § 6. Paragraph 2 of subdivision 18 of section 10.00 of the penal  law,
    34  as  amended  by  chapter  7  of  the laws of 2007, is amended to read as
    35  follows:
    36    (2) a person fourteen or fifteen years old who is criminally responsi-
    37  ble for acts constituting the crimes defined in subdivisions one and two
    38  of section 125.25 (murder in the second degree) and in subdivision three
    39  of such section provided that the underlying crime for the murder charge
    40  is one for which such person is criminally responsible;  section  135.25
    41  (kidnapping  in  the  first degree); 150.20 (arson in the first degree);
    42  subdivisions one and  two  of  section  120.10  (assault  in  the  first
    43  degree);  125.20  (manslaughter  in the first degree); [subdivisions one
    44  and] paragraphs (a) and (b) of subdivision one, paragraphs (a)  and  (b)
    45  of  subdivision  two, and paragraphs (a) and (b) of subdivision three of
    46  section 130.35 (rape in the first degree); [subdivisions one and two  of
    47  section  130.50  (criminal  sexual  act  in  the  first degree);] 130.70
    48  (aggravated sexual abuse in the first degree); 140.30 (burglary  in  the
    49  first degree); subdivision one of section 140.25 (burglary in the second
    50  degree);  150.15  (arson  in  the second degree); 160.15 (robbery in the
    51  first degree); subdivision two of section 160.10 (robbery in the  second
    52  degree)  of  this chapter; or section 265.03 of this chapter, where such
    53  machine gun or such firearm is possessed  on  school  grounds,  as  that
    54  phrase  is  defined  in  subdivision  fourteen of section 220.00 of this
    55  chapter; or defined in this chapter as an attempt to  commit  murder  in
    56  the  second degree or kidnapping in the first degree, or such conduct as

        A. 794--C                           4
     1  a sexually motivated felony, where authorized pursuant to section 130.91
     2  of [the penal law] this chapter.
     3    §  7.  Subdivision  2 of section 30.00 of the penal law, as amended by
     4  section 38 of part WWW of chapter 59 of the laws of 2017, is amended  to
     5  read as follows:
     6    2.  A person thirteen, fourteen or, fifteen years of age is criminally
     7  responsible for acts constituting murder in the second degree as defined
     8  in subdivisions one and two of section 125.25 and in  subdivision  three
     9  of such section provided that the underlying crime for the murder charge
    10  is  one  for  which  such  person  is criminally responsible or for such
    11  conduct as a sexually motivated felony,  where  authorized  pursuant  to
    12  section  130.91 of this chapter; and a person fourteen or, fifteen years
    13  of age is  criminally  responsible  for  acts  constituting  the  crimes
    14  defined  in  section  135.25  (kidnapping  in  the first degree); 150.20
    15  (arson in the first degree); subdivisions one and two of section  120.10
    16  (assault  in  the  first  degree);  125.20  (manslaughter  in  the first
    17  degree); [subdivisions one and] paragraphs (a) and  (b)  of  subdivision
    18  one,  paragraphs  (a)  and (b) of subdivision two and paragraphs (a) and
    19  (b) of subdivision three of section 130.35 (rape in the  first  degree);
    20  subdivisions  one  and two of section 130.50 (criminal sexual act in the
    21  first degree); 130.70 (aggravated sexual abuse  in  the  first  degree);
    22  140.30 (burglary in the first degree); subdivision one of section 140.25
    23  (burglary  in  the  second degree); 150.15 (arson in the second degree);
    24  160.15 (robbery in the first degree); subdivision two of section  160.10
    25  (robbery  in  the  second  degree) of this chapter; or section 265.03 of
    26  this chapter, where such machine gun or such  firearm  is  possessed  on
    27  school  grounds,  as  that  phrase is defined in subdivision fourteen of
    28  section 220.00 of this chapter; or defined in this chapter as an attempt
    29  to commit murder in the second degree or kidnapping in the first degree,
    30  or for such conduct as a sexually  motivated  felony,  where  authorized
    31  pursuant to section 130.91 of this chapter.
    32    § 8. Paragraph (b) of subdivision 2 of section 35.15 of the penal law,
    33  as  amended  by  chapter  511 of the laws of 2004, is amended to read as
    34  follows:
    35    (b) He or she reasonably believes that such other person is committing
    36  or attempting to commit a kidnapping, forcible rape, [forcible  criminal
    37  sexual act] forcible aggravated sexual abuse, or robbery; or
    38    §  9.  Paragraphs (a) and (c) of subdivision 1 of section 70.02 of the
    39  penal law, paragraph (a) as amended by chapter 189 of the laws 2018  and
    40  paragraph (c) as amended by chapter 368 of the laws of 2015, are amended
    41  to read as follows:
    42    (a)  Class  B  violent felony offenses: an attempt to commit the class
    43  A-I felonies of murder in  the  second  degree  as  defined  in  section
    44  125.25, kidnapping in the first degree as defined in section 135.25, and
    45  arson  in the first degree as defined in section 150.20; manslaughter in
    46  the first degree as defined in section 125.20,  aggravated  manslaughter
    47  in  the  first  degree  as  defined in section 125.22, rape in the first
    48  degree as defined in section 130.35, [criminal sexual act in  the  first
    49  degree  as  defined  in  section 130.50,] aggravated sexual abuse in the
    50  first degree as defined in section  130.70,  course  of  sexual  conduct
    51  against  a  child  in  the  first  degree  as defined in section 130.75;
    52  assault in the first degree as defined in section 120.10, kidnapping  in
    53  the  second  degree  as defined in section 135.20, burglary in the first
    54  degree as defined in section 140.30,  arson  in  the  second  degree  as
    55  defined  in  section  150.15,  robbery in the first degree as defined in
    56  section 160.15, sex trafficking as defined in paragraphs (a) and (b)  of

        A. 794--C                           5
     1  subdivision  five  of  section  230.34,  sex  trafficking  of a child as
     2  defined in section 230.34-a, incest in the first degree  as  defined  in
     3  section  255.27,  criminal possession of a weapon in the first degree as
     4  defined in section 265.04, criminal use of a firearm in the first degree
     5  as  defined  in  section 265.09, criminal sale of a firearm in the first
     6  degree as defined in section 265.13, aggravated assault  upon  a  police
     7  officer or a peace officer as defined in section 120.11, gang assault in
     8  the  first degree as defined in section 120.07, intimidating a victim or
     9  witness in the first degree as  defined  in  section  215.17,  hindering
    10  prosecution  of  terrorism  in  the  first  degree as defined in section
    11  490.35, criminal possession of a chemical weapon or biological weapon in
    12  the second degree as defined in section 490.40, and criminal  use  of  a
    13  chemical  weapon  or biological weapon in the third degree as defined in
    14  section 490.47.
    15    (c) Class D violent felony offenses: an attempt to commit any  of  the
    16  class C felonies set forth in paragraph (b); reckless assault of a child
    17  as defined in section 120.02, assault in the second degree as defined in
    18  section 120.05, menacing a police officer or peace officer as defined in
    19  section  120.18, stalking in the first degree, as defined in subdivision
    20  one of section 120.60, strangulation in the second degree as defined  in
    21  section  121.12, rape in the second degree as defined in section 130.30,
    22  [criminal sexual act in the second degree as defined in section 130.45,]
    23  sexual abuse in the first degree as defined in section 130.65, course of
    24  sexual conduct against a child  in  the  second  degree  as  defined  in
    25  section  130.80,  aggravated sexual abuse in the third degree as defined
    26  in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
    27  substance  as defined in section 130.90, labor trafficking as defined in
    28  paragraphs (a) and (b) of subdivision three of section 135.35,  criminal
    29  possession  of  a  weapon  in the third degree as defined in subdivision
    30  five, six, seven, eight, nine or ten of section 265.02, criminal sale of
    31  a firearm in the third degree as defined in section 265.11, intimidating
    32  a victim or witness in the second degree as defined in  section  215.16,
    33  soliciting  or  providing  support for an act of terrorism in the second
    34  degree as defined in section 490.10, and making a terroristic threat  as
    35  defined  in  section  490.20, falsely reporting an incident in the first
    36  degree as defined in section 240.60, placing a false bomb  or  hazardous
    37  substance  in  the  first degree as defined in section 240.62, placing a
    38  false bomb or hazardous substance in a sports  stadium  or  arena,  mass
    39  transportation  facility or enclosed shopping mall as defined in section
    40  240.63, and aggravated unpermitted use of  indoor  pyrotechnics  in  the
    41  first degree as defined in section 405.18.
    42    § 10. Paragraph b of subdivision 5 of section 120.40 of the penal law,
    43  as  amended  by  chapter  320 of the laws of 2006, is amended to read as
    44  follows:
    45    b. a  crime  defined  in  section  130.20,  130.25,  130.30,  [130.40,
    46  130.45,] 130.55, 130.60, 130.70, 255.25, 255.26 or 255.27;
    47    §  11. Paragraph (d) of subdivision 2 and paragraph (h) of subdivision
    48  3 of section 130.05 of the penal law, paragraph (d) of subdivision 2  as
    49  amended  by chapter 40 of the laws of 2004 and paragraph (h) of subdivi-
    50  sion 3 as amended by section 2 of part G of chapter 501 of the  laws  of
    51  2012, are amended to read as follows:
    52    (d)  Where  the offense charged is rape in the third degree as defined
    53  in [subdivision three] subdivision  seven,  eight  or  nine  of  section
    54  130.25, [or criminal sexual act in the third degree as defined in subdi-
    55  vision  three of section 130.40,] in addition to forcible vaginal sexual
    56  contact compulsion, circumstances under which, at the time of the act of

        A. 794--C                           6
     1  intercourse, oral sexual [conduct]  contact  or  anal  sexual  [conduct]
     2  contact,  the victim clearly expressed that he or she did not consent to
     3  engage in such act, and a reasonable person  in  the  actor's  situation
     4  would  have  understood such person's words and acts as an expression of
     5  lack of consent to such act under all the circumstances.
     6    (h) a client or patient and the actor is a  health  care  provider  or
     7  mental  health  care  provider  charged with rape in the third degree as
     8  defined in section 130.25, [criminal sexual act in the third  degree  as
     9  defined in section 130.40,] aggravated sexual abuse in the fourth degree
    10  as  defined  in section 130.65-a, or sexual abuse in the third degree as
    11  defined in section 130.55, and the act of sexual conduct occurs during a
    12  treatment session, consultation, interview, or examination; or
    13    § 12. The opening paragraph of subdivision 3 of section 125.25 of  the
    14  penal  law, as amended by chapter 264 of the laws of 2003, is amended to
    15  read as follows:
    16    Acting either alone or with one or more other persons, he  commits  or
    17  attempts  to  commit  robbery,  burglary, kidnapping, arson, rape in the
    18  first degree, [criminal sexual act in the first degree,] sexual abuse in
    19  the first degree, aggravated sexual abuse, escape in the  first  degree,
    20  or escape in the second degree, and, in the course of and in furtherance
    21  of  such  crime or of immediate flight therefrom, he, or another partic-
    22  ipant, if there be any, causes the death of a person other than  one  of
    23  the participants; except that in any prosecution under this subdivision,
    24  in  which  the  defendant was not the only participant in the underlying
    25  crime, it is an affirmative defense that the defendant:
    26    § 13. Subdivision 5 of section 125.25 of the penal law, as amended  by
    27  chapter 320 of the laws of 2006, is amended to read as follows:
    28    5. Being eighteen years old or more, while in the course of committing
    29  rape  in  the first, second or third degree, [criminal sexual act in the
    30  first, second or third degree,] sexual abuse in the first degree, aggra-
    31  vated sexual abuse in the first, second,  third  or  fourth  degree,  or
    32  incest  in the first, second or third degree, against a person less than
    33  fourteen years old, he or she intentionally causes  the  death  of  such
    34  person.
    35    §  14. Subparagraph (vii) of paragraph (a) of subdivision 1 of section
    36  125.27 of the penal law, as amended by chapter 264 of the laws of  2003,
    37  is amended to read as follows:
    38    (vii)  the  victim was killed while the defendant was in the course of
    39  committing or attempting  to  commit  and  in  furtherance  of  robbery,
    40  burglary  in  the first degree or second degree, kidnapping in the first
    41  degree, arson in the first degree or second degree, rape  in  the  first
    42  degree,  [criminal  sexual act in the first degree,] sexual abuse in the
    43  first degree, aggravated sexual abuse in the first degree or  escape  in
    44  the  first  degree,  or  in  the  course of and furtherance of immediate
    45  flight after committing or attempting to commit any such crime or in the
    46  course of and furtherance of immediate flight after attempting to commit
    47  the crime of murder in the second degree; provided however,  the  victim
    48  is  not  a participant in one of the aforementioned crimes and, provided
    49  further that, unless  the  defendant's  criminal  liability  under  this
    50  subparagraph is based upon the defendant having commanded another person
    51  to  cause the death of the victim or intended victim pursuant to section
    52  20.00 of this chapter, this  subparagraph  shall  not  apply  where  the
    53  defendant's  criminal  liability  is  based  upon the conduct of another
    54  pursuant to section 20.00 of this chapter; or
    55    § 15. Subdivision 3 of section 130.10 of the penal law, as amended  by
    56  chapter 264 of the laws of 2003, is amended to read as follows:

        A. 794--C                           7
     1    3.  In  any  prosecution  for the crime of rape in the third degree as
     2  defined in section 130.25, [criminal sexual act in the third  degree  as
     3  defined in section 130.40,] aggravated sexual abuse in the fourth degree
     4  as  defined  in section 130.65-a, or sexual abuse in the third degree as
     5  defined in section 130.55 in which incapacity to consent is based on the
     6  circumstances set forth in paragraph (h) of subdivision three of section
     7  130.05  of  this  article  it  shall  be an affirmative defense that the
     8  client or patient consented to such conduct charged  after  having  been
     9  expressly advised by the health care or mental health care provider that
    10  such conduct was not performed for a valid medical purpose.
    11    § 16. The opening paragraph and subdivision 2 of section 130.95 of the
    12  penal  law,  as added by chapter 107 of the laws of 2006, are amended to
    13  read as follows:
    14    A person is guilty of predatory sexual assault when he or she  commits
    15  the crime of rape in the first degree, [criminal sexual act in the first
    16  degree,] aggravated sexual abuse in the first degree, or course of sexu-
    17  al conduct against a child in the first degree, as defined in this arti-
    18  cle, and when:
    19    2.  He or she has engaged in conduct constituting the crime of rape in
    20  the first degree, [criminal sexual act in the first degree,]  aggravated
    21  sexual  abuse in the first degree, or course of sexual conduct against a
    22  child in the first degree, as defined in this article,  against  one  or
    23  more additional persons; or
    24    §  17.  The  opening  paragraph of section 130.96 of the penal law, as
    25  added by chapter 107 of the laws of 2006, is amended to read as follows:
    26    A person is guilty of predatory sexual assault against a  child  when,
    27  being eighteen years old or more, he or she commits the crime of rape in
    28  the  first degree, [criminal sexual act in the first degree,] aggravated
    29  sexual abuse in the first degree, or course of sexual conduct against  a
    30  child in the first degree, as defined in this article, and the victim is
    31  less than thirteen years old.
    32    §  18. Subdivision 2 of section 240.75 of the penal law, as amended by
    33  section 8 of part NN of chapter 55 of the laws of 2018,  is  amended  to
    34  read as follows:
    35    2.  A  "specified  offense"  is  an  offense defined in section 120.00
    36  (assault in the third degree); section 120.05  (assault  in  the  second
    37  degree);  section  120.10  (assault in the first degree); section 120.13
    38  (menacing in the first degree); section 120.14 (menacing in  the  second
    39  degree);  section  120.15 (menacing in the third degree); section 120.20
    40  (reckless endangerment in the second degree); section  120.25  (reckless
    41  endangerment  in  the  first  degree);  section  120.45 (stalking in the
    42  fourth degree); section 120.50 (stalking in the third  degree);  section
    43  120.55  (stalking in the second degree); section 120.60 (stalking in the
    44  first degree); section 121.11  (criminal  obstruction  of  breathing  or
    45  blood circulation); section 121.12 (strangulation in the second degree);
    46  section  121.13  (strangulation in the first degree); subdivision one of
    47  section 125.15 (manslaughter in the second degree); subdivision one, two
    48  or four of section 125.20 (manslaughter in the  first  degree);  section
    49  125.25  (murder  in  the  second degree); section 130.20 (sexual miscon-
    50  duct); section 130.25 (rape in the third degree); section  130.30  (rape
    51  in  the  second  degree);  section  130.35  (rape  in the first degree);
    52  section 130.40 (criminal sexual act in the third degree); section 130.45
    53  (criminal sexual act in the second  degree);  section  130.50  (criminal
    54  sexual  act  in  the  first degree); section 130.52 (forcible touching);
    55  section 130.53 (persistent sexual abuse); section 130.55  (sexual  abuse
    56  in  the  third  degree);  section  130.60  (sexual  abuse  in the second

        A. 794--C                           8
     1  degree); section 130.65 (sexual abuse  in  the  first  degree);  section
     2  130.66  (aggravated  sexual  abuse  in the third degree); section 130.67
     3  (aggravated sexual abuse in the second degree); section  130.70  (aggra-
     4  vated  sexual abuse in the first degree); section 130.91 (sexually moti-
     5  vated felony); section 130.95 (predatory sexual assault); section 130.96
     6  (predatory sexual assault against a  child);  section  135.05  (unlawful
     7  imprisonment  in  the second degree); section 135.10 (unlawful imprison-
     8  ment in the  first  degree);  section  135.60  (coercion  in  the  third
     9  degree);  section 135.61 (coercion in the second degree); section 135.65
    10  (coercion in the first degree); section 140.20 (burglary  in  the  third
    11  degree);  section 140.25 (burglary in the second degree); section 140.30
    12  (burglary in the first degree); section 145.00 (criminal mischief in the
    13  fourth degree); section 145.05 (criminal mischief in the third  degree);
    14  section  145.10 (criminal mischief in the second degree); section 145.12
    15  (criminal mischief  in  the  first  degree);  section  145.14  (criminal
    16  tampering in the third degree); section 215.50 (criminal contempt in the
    17  second  degree); section 215.51 (criminal contempt in the first degree);
    18  section 215.52 (aggravated criminal contempt); section  240.25  (harass-
    19  ment  in  the  first  degree);  subdivision  one, two or four of section
    20  240.30 (aggravated harassment in the second degree);  aggravated  family
    21  offense  as  defined  in  this  section  or any attempt or conspiracy to
    22  commit any of the foregoing offenses where the defendant and the  person
    23  against  whom  the offense was committed were members of the same family
    24  or household as defined in subdivision one  of  section  530.11  of  the
    25  criminal procedure law.
    26    §  19. Section 255.26 of the penal law, as added by chapter 320 of the
    27  laws of 2006, is amended to read as follows:
    28  § 255.26 Incest in the second degree.
    29    A person is guilty of incest in the  second  degree  when  he  or  she
    30  commits  the  crime  of rape in the second degree, as defined in section
    31  130.30 of this part, [or criminal sexual act in the  second  degree,  as
    32  defined in section 130.45 of this part,] against a person whom he or she
    33  knows  to  be related to him or her, whether through marriage or not, as
    34  an ancestor, descendant, brother or sister of either the  whole  or  the
    35  half blood, uncle, aunt, nephew or niece.
    36    Incest in the second degree is a class D felony.
    37    §  20. Section 255.27 of the penal law, as added by chapter 320 of the
    38  laws of 2006, is amended to read as follows:
    39  § 255.27 Incest in the first degree.
    40    A person is guilty of incest in  the  first  degree  when  he  or  she
    41  commits  the  crime of rape in the first degree, as defined in paragraph
    42  (c) or (d) of subdivision [three or four] one, paragraph (c) or  (d)  of
    43  subdivision  two or paragraph (c) or (d) of subdivision three of section
    44  130.35 of this part[, or criminal sexual act in  the  first  degree,  as
    45  defined  in  subdivision  three or four of section 130.50 of this part,]
    46  against a person whom he or she knows to  be  related  to  him  or  her,
    47  whether  through marriage or not, as an ancestor, descendant, brother or
    48  sister of either the whole or half blood, uncle, aunt, nephew or niece.
    49    Incest in the first degree is a class B felony.
    50    § 21. Subdivision 3 of section 485.05 of the penal law, as amended  by
    51  section  9  of  part NN of chapter 55 of the laws of 2018, is amended to
    52  read as follows:
    53    3. A "specified offense" is an offense defined by any of the following
    54  provisions of  this  chapter:  section  120.00  (assault  in  the  third
    55  degree);  section  120.05 (assault in the second degree); section 120.10
    56  (assault in the first degree); section 120.12 (aggravated assault upon a

        A. 794--C                           9
     1  person less than eleven years old);  section  120.13  (menacing  in  the
     2  first  degree);  section 120.14 (menacing in the second degree); section
     3  120.15 (menacing in the third degree); section 120.20  (reckless  endan-
     4  germent  in the second degree); section 120.25 (reckless endangerment in
     5  the first degree); section 121.12 (strangulation in the second  degree);
     6  section  121.13  (strangulation in the first degree); subdivision one of
     7  section 125.15 (manslaughter in the second degree); subdivision one, two
     8  or four of section 125.20 (manslaughter in the  first  degree);  section
     9  125.25  (murder  in  the second degree); section 120.45 (stalking in the
    10  fourth degree); section 120.50 (stalking in the third  degree);  section
    11  120.55  (stalking in the second degree); section 120.60 (stalking in the
    12  first degree); paragraph (a) of subdivision one, paragraph (a) of subdi-
    13  vision two and paragraph (a) of  subdivision  three  of  section  130.35
    14  (rape  in the first degree); subdivision one of section 130.50 (criminal
    15  sexual act in the first  degree);  subdivision  one  of  section  130.65
    16  (sexual  abuse in the first degree); paragraph (a) of subdivision one of
    17  section 130.67 (aggravated sexual abuse in the second degree); paragraph
    18  (a) of subdivision one of section 130.70 (aggravated sexual abuse in the
    19  first degree); section  135.05  (unlawful  imprisonment  in  the  second
    20  degree);  section  135.10  (unlawful  imprisonment in the first degree);
    21  section  135.20  (kidnapping  in  the  second  degree);  section  135.25
    22  (kidnapping  in the first degree); section 135.60 (coercion in the third
    23  degree); section 135.61 (coercion in the second degree); section  135.65
    24  (coercion in the first degree); section 140.10 (criminal trespass in the
    25  third  degree); section 140.15 (criminal trespass in the second degree);
    26  section 140.17 (criminal trespass in the first degree);  section  140.20
    27  (burglary  in  the third degree); section 140.25 (burglary in the second
    28  degree); section 140.30 (burglary in the first degree);  section  145.00
    29  (criminal  mischief  in  the  fourth  degree);  section 145.05 (criminal
    30  mischief in the third degree); section 145.10 (criminal mischief in  the
    31  second  degree); section 145.12 (criminal mischief in the first degree);
    32  section 150.05 (arson in the fourth degree); section  150.10  (arson  in
    33  the  third degree); section 150.15 (arson in the second degree); section
    34  150.20 (arson in the first  degree);  section  155.25  (petit  larceny);
    35  section  155.30  (grand  larceny  in  the fourth degree); section 155.35
    36  (grand larceny in the third degree); section 155.40  (grand  larceny  in
    37  the  second degree); section 155.42 (grand larceny in the first degree);
    38  section 160.05 (robbery in the third degree); section 160.10 (robbery in
    39  the second degree);  section  160.15  (robbery  in  the  first  degree);
    40  section 240.25 (harassment in the first degree); subdivision one, two or
    41  four  of section 240.30 (aggravated harassment in the second degree); or
    42  any attempt or conspiracy to commit any of the foregoing offenses.
    43    § 22. Subdivision 42 of section 1.20 of the criminal procedure law, as
    44  amended by chapter 7 of the laws of 2007, is amended to read as follows:
    45    42. "Juvenile offender" means (1) a person, thirteen years old who  is
    46  criminally responsible for acts constituting murder in the second degree
    47  as  defined  in  subdivisions one and two of section 125.25 of the penal
    48  law, or such conduct as a sexually motivated  felony,  where  authorized
    49  pursuant  to  section 130.91 of the penal law; and (2) a person fourteen
    50  or fifteen years old who is criminally responsible for acts constituting
    51  the crimes defined in subdivisions one and two of section 125.25 (murder
    52  in the second degree) and in subdivision three of such section  provided
    53  that  the  underlying  crime for the murder charge is one for which such
    54  person is criminally responsible;  section  135.25  (kidnapping  in  the
    55  first  degree); 150.20 (arson in the first degree); subdivisions one and
    56  two of section 120.10 (assault in the first degree); 125.20 (manslaught-

        A. 794--C                          10
     1  er in the first degree); [subdivisions one and] paragraphs (a)  and  (b)
     2  of  subdivision one, paragraphs (a) and (b) of subdivision two and para-
     3  graphs (a) and (b) of subdivision three of section 130.35 (rape  in  the
     4  first  degree);  [subdivisions  one  and two of section 130.50 (criminal
     5  sexual act in the first degree);] 130.70 (aggravated sexual abuse in the
     6  first degree); 140.30 (burglary in the first degree); subdivision one of
     7  section 140.25 (burglary in the second degree);  150.15  (arson  in  the
     8  second degree); 160.15 (robbery in the first degree); subdivision two of
     9  section  160.10  (robbery  in  the  second  degree) of the penal law; or
    10  section 265.03 of the penal law, where such machine gun or such  firearm
    11  is possessed on school grounds, as that phrase is defined in subdivision
    12  fourteen of section 220.00 of the penal law; or defined in the penal law
    13  as an attempt to commit murder in the second degree or kidnapping in the
    14  first  degree,  or  such  conduct  as a sexually motivated felony, where
    15  authorized pursuant to section 130.91 of the penal law.
    16    § 23. Paragraphs (a) and (b) of subdivision 1, the  opening  paragraph
    17  of subdivision 2 and paragraph (a) of subdivision 3 of section 140.20 of
    18  the  criminal  procedure law, paragraphs (a) and (b) of subdivision 1 as
    19  amended by chapter 324 of the laws of 1988,  the  opening  paragraph  of
    20  subdivision  2  and paragraph (a) of subdivision 3 as amended by chapter
    21  550 of the laws of 1987, are amended to read as follows:
    22    (a) If the arrest is for an offense other than a class A, B,  C  or  D
    23  felony  or  a  violation  of  section  130.25, [130.40,] 205.10, 205.17,
    24  205.19 or 215.56 of the penal law committed in a  town,  but  not  in  a
    25  village  thereof having a village court, and the town court of such town
    26  is not available at the time, the arrested person may be brought  before
    27  the local criminal court of any village within such town or, any adjoin-
    28  ing  town,  village embraced in whole or in part by such adjoining town,
    29  or city of the same county; and
    30    (b) If the arrest is for an offense other than a class A, B,  C  or  D
    31  felony  or  a  violation  of  section  130.25, [130.40,] 205.10, 205.17,
    32  205.19 or 215.56 of the penal  law  committed  in  a  village  having  a
    33  village  court and such court is not available at the time, the arrested
    34  person may be brought before the town court of the town  embracing  such
    35  village or any other village court within such town, or, if such town or
    36  village  court  is not available either, before the local criminal court
    37  of any adjoining town, village embraced in whole  or  in  part  by  such
    38  adjoining town, or city of the same county; and
    39    If the arrest is for an offense other than a class A, B, C or D felony
    40  or  a  violation  of section 130.25, [130.40,] 205.10, 205.17, 205.19 or
    41  215.56 of the penal law, the arrested person need not be brought  before
    42  a local criminal court as provided in subdivision one, and the procedure
    43  may instead be as follows:
    44    (a) the arrest is for an offense other than a class A, B, C or D felo-
    45  ny or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or
    46  215.56 of the penal law, and
    47    §  24.  Paragraph  (a)  of  subdivision 3 and the opening paragraph of
    48  subdivision 4 of section  140.27  of  the  criminal  procedure  law,  as
    49  amended  by  chapter  550  of  the  laws of 1987, are amended to read as
    50  follows:
    51    (a) the arrest is for an offense other than a class A, B, C or D felo-
    52  ny or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or
    53  215.56 of the penal law and
    54    If the arrest is for an offense other than a class A, B, C or D felony
    55  or a violation of section 130.25, [130.40,] 205.10,  205.17,  205.19  or
    56  215.56  of the penal law, the arrested person need not be brought before

        A. 794--C                          11
     1  a local criminal court as provided in subdivision two, and the procedure
     2  may instead be as follows:
     3    §  25.  Paragraph  (a)  of  subdivision 2 and the opening paragraph of
     4  subdivision 3 of section  140.40  of  the  criminal  procedure  law,  as
     5  amended  by  chapter  550  of  the  laws of 1987, are amended to read as
     6  follows:
     7    (a) the arrest is for an offense other than a class A, B, C or D felo-
     8  ny or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or
     9  215.56 of the penal law and
    10    If the arrest is for an offense other than a class A, B, C or D felony
    11  or a violation of section 130.25, [130.40,] 205.10,  205.17,  205.19  or
    12  215.56  of the penal law, the arrested person need not be brought before
    13  a local criminal court, as provided in subdivision one, and  the  proce-
    14  dure may instead be as follows:
    15    § 26. Subdivisions 2 and 3 of section 150.20 of the criminal procedure
    16  law,  as amended by chapter 550 of the laws of 1987, are amended to read
    17  as follows:
    18    2. (a)  Whenever a police officer has  arrested  a  person  without  a
    19  warrant  for  an  offense  other  than  a class A, B, C or D felony or a
    20  violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or  215.56
    21  of  the  penal  law pursuant to section 140.10,  or (b) whenever a peace
    22  officer, who is not authorized by law to issue an appearance ticket, has
    23  arrested a person for an offense other than a class A, B, C or D  felony
    24  or  a  violation  of section 130.25, [130.40,] 205.10, 205.17, 205.19 or
    25  215.56 of the penal law pursuant to section 140.25, and has requested  a
    26  police  officer  to issue and serve upon such arrested person an appear-
    27  ance ticket pursuant to subdivision four of section 140.27, or (c) when-
    28  ever a person has been arrested for an offense other than a class A,  B,
    29  C  or  D  felony  or  a  violation  of section 130.25, [130.40,] 205.10,
    30  205.17, 205.19 or 215.56 of the penal law and has been delivered to  the
    31  custody  of  an  appropriate  police officer pursuant to section 140.40,
    32  such police officer may, instead of bringing such person before a  local
    33  criminal  court and promptly filing or causing the arresting peace offi-
    34  cer or arresting person  to  file  a  local  criminal  court  accusatory
    35  instrument  therewith, issue to and serve upon such person an appearance
    36  ticket.  The issuance and service of an  appearance  ticket  under  such
    37  circumstances may be conditioned upon a deposit of pre-arraignment bail,
    38  as provided in section 150.30.
    39    3.  A  public  servant  other  than a police officer, who is specially
    40  authorized by state law or local law enacted pursuant to the  provisions
    41  of  the  municipal  home  rule law to issue and serve appearance tickets
    42  with respect to designated offenses other than class A, B, C or D  felo-
    43  nies  or  violations of section 130.25, [130.40,] 205.10, 205.17, 205.19
    44  or 215.56 of the penal law, may in such cases issue  and  serve  upon  a
    45  person an appearance ticket when he has reasonable cause to believe that
    46  such  person  has committed a crime, or has committed a petty offense in
    47  his presence.
    48    § 26-a. Paragraph (a) of subdivision 1 of section 150.20 of the crimi-
    49  nal procedure law, as amended by section 1-a of part JJJ of  chapter  59
    50  of the laws of 2019, is amended to read as follows:
    51    (a) Whenever a police officer is authorized pursuant to section 140.10
    52  of  this title to arrest a person without a warrant for an offense other
    53  than a class A, B, C or D felony  or  a  violation  of  section  130.25,
    54  [130.40,]  205.10,  205.17, 205.19 or 215.56 of the penal law, he shall,
    55  except as set out in paragraph (b) of this subdivision, subject  to  the

        A. 794--C                          12
     1  provisions  of  subdivisions  three  and  four of section 150.40 of this
     2  title, instead issue to and serve upon such person an appearance ticket.
     3    § 27. Subdivision (a) of section 190.71 of the criminal procedure law,
     4  as  amended  by  chapter  7  of  the laws of 2007, is amended to read as
     5  follows:
     6    (a) Except as provided in subdivision six of section  200.20  of  this
     7  chapter,  a grand jury may not indict (i) a person thirteen years of age
     8  for any conduct or crime other than conduct constituting a crime defined
     9  in subdivisions one and two of section  125.25  (murder  in  the  second
    10  degree) or such conduct as a sexually motivated felony, where authorized
    11  pursuant  to  section 130.91 of the penal law; (ii) a person fourteen or
    12  fifteen years of age for any conduct or crime other than conduct consti-
    13  tuting a crime defined in subdivisions one and  two  of  section  125.25
    14  (murder  in  the second degree) and in subdivision three of such section
    15  provided that the underlying crime for the  murder  charge  is  one  for
    16  which  such  person is criminally responsible; 135.25 (kidnapping in the
    17  first degree); 150.20 (arson in the first degree); subdivisions one  and
    18  two of section 120.10 (assault in the first degree); 125.20 (manslaught-
    19  er  in  the first degree); [subdivisions one and] paragraphs (a) and (b)
    20  of subdivision one, paragraphs (a) and (b) of subdivision two and  para-
    21  graphs  (a)  and (b) of subdivision three of section 130.35 (rape in the
    22  first degree); [subdivisions one and two  of  section  130.50  (criminal
    23  sexual act in the first degree);] 130.70 (aggravated sexual abuse in the
    24  first degree); 140.30 (burglary in the first degree); subdivision one of
    25  section  140.25  (burglary  in  the second degree); 150.15 (arson in the
    26  second degree); 160.15 (robbery in the first degree); subdivision two of
    27  section 160.10 (robbery in the second degree) of the penal law;  [subdi-
    28  vision  four  of  section 265.02 of the penal law, where such firearm is
    29  possessed on school grounds, as that phrase is  defined  in  subdivision
    30  fourteen  of  section 220.00 of the penal law;] or section 265.03 of the
    31  penal law, where such machine gun or such firearm is possessed on school
    32  grounds, as that phrase is defined in subdivision  fourteen  of  section
    33  220.00  of  the  penal law; or defined in the penal law as an attempt to
    34  commit murder in the second degree or kidnapping in the first degree, or
    35  such conduct as a sexually motivated felony, where  authorized  pursuant
    36  to section 130.91 of the penal law.
    37    §  28.  Subdivision 4 of section 722.20 of the criminal procedure law,
    38  as added by section 1-a of part WWW of chapter 59 of the laws  of  2017,
    39  is amended to read as follows:
    40    4.  Notwithstanding  the  provisions  of subdivisions two and three of
    41  this section, the court shall, at the request of the district  attorney,
    42  order  removal  of  an  action against a juvenile offender to the family
    43  court pursuant to the provisions of article seven hundred twenty-five of
    44  this title if, upon consideration of the criteria specified in  subdivi-
    45  sion  two of section 722.22 of this article, it is determined that to do
    46  so would be in the interests of  justice.  Where,  however,  the  felony
    47  complaint charges the juvenile offender with murder in the second degree
    48  as  defined in section 125.25 of the penal law, rape in the first degree
    49  as defined in paragraph (a) of subdivision one, paragraph (a) of  subdi-
    50  vision  two  and paragraph (a) of subdivision three of section 130.35 of
    51  the penal law, [criminal sexual act in the first degree  as  defined  in
    52  subdivision  one of section 130.50 of the penal law,] or an armed felony
    53  as defined in paragraph (a) of subdivision forty-one of section 1.20  of
    54  this  chapter, a determination that such action be removed to the family
    55  court shall, in addition, be based upon a finding of one or more of  the
    56  following  factors: (i) mitigating circumstances that bear directly upon

        A. 794--C                          13
     1  the manner in which the crime was committed; or (ii) where the defendant
     2  was not the sole participant in the crime, the defendant's participation
     3  was relatively minor although not so minor as to constitute a defense to
     4  the prosecution; or (iii) possible deficiencies in proof of the crime.
     5    §  29.  Subdivision 5 of section 722.21 of the criminal procedure law,
     6  as added by section 1-a of part WWW of chapter 59 of the laws  of  2017,
     7  is amended to read as follows:
     8    5.  Notwithstanding subdivisions two and three of this section, at the
     9  request of the district attorney, the court shall order  removal  of  an
    10  action  against an adolescent offender charged with an offense listed in
    11  paragraph (a) of subdivision two of section 722.23 of this  article,  to
    12  the  family  court  pursuant  to the provisions of article seven hundred
    13  twenty-five of this title and upon consideration of the criteria  speci-
    14  fied  in subdivision two of section 722.22 of this article, it is deter-
    15  mined that to do so would be in the interests of justice. Where,  howev-
    16  er,  the felony complaint charges the adolescent offender with murder in
    17  the second degree as defined in section 125.25 of the penal law, rape in
    18  the first degree as defined in paragraph (a) of subdivision  one,  para-
    19  graph  (a)  of subdivision two and paragraph (a) of subdivision three of
    20  section 130.35 of the penal law,  [criminal  sexual  act  in  the  first
    21  degree  as  defined  in  subdivision  one of section 130.50 of the penal
    22  law,] or an armed felony as defined  in  paragraph  (a)  of  subdivision
    23  forty-one  of  section  1.20  of this chapter, a determination that such
    24  action be removed to the family court shall, in addition, be based  upon
    25  a  finding  of  one  or  more  of  the following factors: (i) mitigating
    26  circumstances that bear directly upon the manner in which the crime  was
    27  committed;  or  (ii) where the defendant was not the sole participant in
    28  the crime, the defendant's participation was relatively  minor  although
    29  not  so  minor  as  to constitute a defense to the prosecution; or (iii)
    30  possible deficiencies in proof of the crime.
    31    § 30. Paragraph (b) of subdivision 1 of section 722.22 of the criminal
    32  procedure law, as added by section 1-a of part WWW of chapter 59 of  the
    33  laws of 2017, is amended to read as follows:
    34    (b)  with  the  consent  of the district attorney, order removal of an
    35  action involving an indictment charging a juvenile offender with  murder
    36  in the second degree as defined in section 125.25 of the penal law; rape
    37  in  the  first  degree,  as defined in paragraph (a) of subdivision one,
    38  paragraph (a) of subdivision two and paragraph (a) of subdivision  three
    39  of  section  130.35  of the penal law[; criminal sexual act in the first
    40  degree, as defined in subdivision one of section  130.50  of  the  penal
    41  law];  or  an  armed  felony  as defined in paragraph (a) of subdivision
    42  forty-one of section 1.20 of this chapter, to the family court  pursuant
    43  to  the provisions of article seven hundred twenty-five of this title if
    44  the court finds one or more of the  following  factors:  (i)  mitigating
    45  circumstances  that bear directly upon the manner in which the crime was
    46  committed; (ii) where the defendant was not the sole participant in  the
    47  crime,  the  defendant's participation was relatively minor although not
    48  so minor as to constitute a defense to the prosecution; or (iii)  possi-
    49  ble  deficiencies in the proof of the crime, and, after consideration of
    50  the factors set forth in subdivision two  of  this  section,  the  court
    51  determined  that  removal  of the action to the family court would be in
    52  the interests of justice.
    53    § 31. Subparagraph (iii) of paragraph (g) of subdivision 5 of  section
    54  220.10  of  the criminal procedure law, as amended by chapter 264 of the
    55  laws of 2003, is amended to read as follows:

        A. 794--C                          14
     1    (iii) Where the indictment  does  not  charge  a  crime  specified  in
     2  subparagraph  (i) of this paragraph, the district attorney may recommend
     3  removal of the action to the family court. Upon making such  recommenda-
     4  tion  the district attorney shall submit a subscribed memorandum setting
     5  forth:  (1) a recommendation that the interests of justice would best be
     6  served by removal of the action to the family  court;  and  (2)  if  the
     7  indictment  charges  a thirteen year old with the crime of murder in the
     8  second degree, or a fourteen or fifteen year old with the crimes of rape
     9  in the first degree as defined in  paragraph  (a)  of  subdivision  one,
    10  paragraph  (a) of subdivision two and paragraph (a) of subdivision three
    11  of section 130.35 of the penal law, [or criminal sexual act in the first
    12  degree as defined in subdivision one of  section  130.50  of  the  penal
    13  law,]  or  an  armed  felony  as defined in paragraph (a) of subdivision
    14  forty-one of section 1.20 of this chapter specific factors, one or  more
    15  of which reasonably supports the recommendation, showing, (i) mitigating
    16  circumstances  that bear directly upon the manner in which the crime was
    17  committed, or (ii) where the defendant was not the sole  participant  in
    18  the  crime,  that  the  defendant's  participation  was relatively minor
    19  although not so minor as to constitute a defense to the prosecution,  or
    20  (iii)  possible  deficiencies  in  proof of the crime, or (iv) where the
    21  juvenile offender has no previous adjudications of  having  committed  a
    22  designated  felony act, as defined in subdivision eight of section 301.2
    23  of the family court act, regardless of the age of the  offender  at  the
    24  time  of  commission of the act, that the criminal act was not part of a
    25  pattern of criminal behavior and, in view of the history of  the  offen-
    26  der, is not likely to be repeated.
    27    §  32.  Subdivision 6 of section 300.50 of the criminal procedure law,
    28  as amended by chapter 264 of the laws of 2003, is  amended  to  read  as
    29  follows:
    30    6.  For  purposes  of  this section, the offenses of rape in the third
    31  degree as defined in [subdivision three] subdivisions seven,  eight  and
    32  nine  of section 130.25 of the penal law [and criminal sexual act in the
    33  third degree as defined in subdivision three of section  130.40  of  the
    34  penal  law],  are  not  lesser  included  offenses  of rape in the first
    35  degree[, criminal sexual act in the first degree] or any other  offense.
    36  Notwithstanding  the foregoing, [either] any such offense may be submit-
    37  ted as a lesser included offense of the applicable first degree  offense
    38  when  (i) there is a reasonable view of the evidence which would support
    39  a finding that the defendant committed such lesser offense but  did  not
    40  commit  the  greater  offense,  and  (ii)  both  parties  consent to its
    41  submission.
    42    § 32-a. Subdivision 6 of section 380.50 of the criminal procedure law,
    43  as separately amended by chapters 368 and 394 of the laws  of  2015,  is
    44  amended to read as follows:
    45    6.  Regardless of whether the victim requests to make a statement with
    46  regard to the defendant's sentence, where the defendant is sentenced for
    47  a violent felony offense as defined in section 70.02 of the penal law or
    48  a felony defined in article one hundred twenty-five of such law  or  any
    49  of  the  following  provisions  of  such  law  sections  130.25, 130.30,
    50  [130.40, 130.45,] 255.25, 255.26, 255.27,  article  two  hundred  sixty-
    51  three,  135.10, 135.25, 230.05, 230.06, 230.11, 230.12, 230.13, subdivi-
    52  sion two of section 230.30 or 230.32, the prosecutor shall, within sixty
    53  days of the imposition of sentence, provide  the  victim  with  a  form,
    54  prepared and distributed by the commissioner of the division of criminal
    55  justice  services,  in  consultation  with the director of the office of
    56  victim services, on which  the  victim  may  indicate  a  demand  to  be

        A. 794--C                          15
     1  informed  of  any  petition  to  change the name of such defendant. Such
     2  forms shall be maintained by such prosecutor. Upon receipt of  a  notice
     3  of  a  petition  to  change  the name of any such defendant, pursuant to
     4  subdivision two of section sixty-two of the civil rights law, the prose-
     5  cutor  shall  promptly  notify the victim at the most current address or
     6  telephone number provided by such victim  in  the  most  reasonable  and
     7  expedient  possible  manner  of the time and place such petition will be
     8  presented to the court.
     9    § 33. Paragraph (b) of subdivision 8 of section 700.05 of the criminal
    10  procedure law, as amended by chapter 1 of the laws of 2019,  is  amended
    11  to read as follows:
    12    (b)  Any  of  the  following felonies: assault in the second degree as
    13  defined in section 120.05 of the penal law, assault in the first  degree
    14  as  defined in section 120.10 of the penal law, reckless endangerment in
    15  the first degree as defined in section 120.25 of the penal law,  promot-
    16  ing  a  suicide  attempt  as defined in section 120.30 of the penal law,
    17  strangulation in the second degree as defined in section 121.12  of  the
    18  penal  law,  strangulation  in  the  first  degree as defined in section
    19  121.13 of the penal law, criminally negligent  homicide  as  defined  in
    20  section  125.10  of  the penal law, manslaughter in the second degree as
    21  defined in section 125.15 of the penal law, manslaughter  in  the  first
    22  degree  as  defined  in  section  125.20 of the penal law, murder in the
    23  second degree as defined in section 125.25 of the penal law,  murder  in
    24  the  first degree as defined in section 125.27 of the penal law, rape in
    25  the third degree as defined in section 130.25 of the penal law, rape  in
    26  the second degree as defined in section 130.30 of the penal law, rape in
    27  the  first degree as defined in section 130.35 of the penal law, [crimi-
    28  nal sexual act in the third degree as defined in section 130.40  of  the
    29  penal  law,  criminal  sexual  act  in  the  second degree as defined in
    30  section 130.45 of the penal law, criminal sexual act in the first degree
    31  as defined in section 130.50 of the penal  law,]  sexual  abuse  in  the
    32  first  degree  as  defined  in section 130.65 of the penal law, unlawful
    33  imprisonment in the first degree as defined in  section  135.10  of  the
    34  penal  law, kidnapping in the second degree as defined in section 135.20
    35  of the penal law, kidnapping in the first degree as defined  in  section
    36  135.25  of the penal law, labor trafficking as defined in section 135.35
    37  of the penal law, aggravated labor trafficking  as  defined  in  section
    38  135.37  of  the penal law, custodial interference in the first degree as
    39  defined in section 135.50 of the penal law, coercion in the first degree
    40  as defined in section 135.65 of the penal law, criminal trespass in  the
    41  first  degree as defined in section 140.17 of the penal law, burglary in
    42  the third degree as defined in section 140.20 of the penal law, burglary
    43  in the second degree as defined in section  140.25  of  the  penal  law,
    44  burglary  in  the first degree as defined in section 140.30 of the penal
    45  law, criminal mischief in the third degree as defined in section  145.05
    46  of  the  penal law, criminal mischief in the second degree as defined in
    47  section 145.10 of the penal law, criminal mischief in the  first  degree
    48  as defined in section 145.12 of the penal law, criminal tampering in the
    49  first degree as defined in section 145.20 of the penal law, arson in the
    50  fourth  degree  as  defined in section 150.05 of the penal law, arson in
    51  the third degree as defined in section 150.10 of the penal law, arson in
    52  the second degree as defined in section 150.15 of the penal  law,  arson
    53  in the first degree as defined in section 150.20 of the penal law, grand
    54  larceny  in  the fourth degree as defined in section 155.30 of the penal
    55  law, grand larceny in the third degree as defined in section  155.35  of
    56  the  penal law, grand larceny in the second degree as defined in section

        A. 794--C                          16
     1  155.40 of the penal law, grand larceny in the first degree as defined in
     2  section 155.42 of the penal law, health care fraud in the fourth  degree
     3  as  defined in section 177.10 of the penal law, health care fraud in the
     4  third  degree as defined in section 177.15 of the penal law, health care
     5  fraud in the second degree as defined in section  177.20  of  the  penal
     6  law,  health care fraud in the first degree as defined in section 177.25
     7  of the penal law, robbery in the third  degree  as  defined  in  section
     8  160.05  of  the  penal  law,  robbery in the second degree as defined in
     9  section 160.10 of the penal law, robbery in the first degree as  defined
    10  in  section  160.15  of the penal law, unlawful use of secret scientific
    11  material as defined  in  section  165.07  of  the  penal  law,  criminal
    12  possession of stolen property in the fourth degree as defined in section
    13  165.45  of  the penal law, criminal possession of stolen property in the
    14  third degree as defined in section 165.50 of  the  penal  law,  criminal
    15  possession of stolen property in the second degree as defined by section
    16  165.52  of  the penal law, criminal possession of stolen property in the
    17  first degree as defined by section 165.54 of the  penal  law,  trademark
    18  counterfeiting  in the second degree as defined in section 165.72 of the
    19  penal law, trademark counterfeiting in the first degree  as  defined  in
    20  section 165.73 of the penal law, forgery in the second degree as defined
    21  in  section  170.10  of  the  penal  law, forgery in the first degree as
    22  defined in section 170.15 of the penal law,  criminal  possession  of  a
    23  forged  instrument  in the second degree as defined in section 170.25 of
    24  the penal law, criminal possession of a forged instrument in  the  first
    25  degree  as  defined  in  section  170.30  of  the  penal  law,  criminal
    26  possession of forgery devices as defined in section 170.40 of the  penal
    27  law,  falsifying  business  records  in  the  first degree as defined in
    28  section 175.10 of the penal law, tampering with public  records  in  the
    29  first  degree  as defined in section 175.25 of the penal law, offering a
    30  false instrument for filing in the first degree as  defined  in  section
    31  175.35  of  the  penal  law,  issuing  a false certificate as defined in
    32  section 175.40 of the penal  law,  criminal  diversion  of  prescription
    33  medications and prescriptions in the second degree as defined in section
    34  178.20  of the penal law, criminal diversion of prescription medications
    35  and prescriptions in the first degree as defined in  section  178.25  of
    36  the  penal  law,  residential  mortgage  fraud  in  the fourth degree as
    37  defined in section 187.10 of the penal law, residential  mortgage  fraud
    38  in the third degree as defined in section 187.15 of the penal law, resi-
    39  dential mortgage fraud in the second degree as defined in section 187.20
    40  of  the  penal  law,  residential  mortgage fraud in the first degree as
    41  defined in section 187.25 of the penal law, escape in the second  degree
    42  as  defined  in  section  205.10  of  the penal law, escape in the first
    43  degree as defined in section 205.15 of the penal  law,  absconding  from
    44  temporary  release  in  the first degree as defined in section 205.17 of
    45  the penal law, promoting  prison  contraband  in  the  first  degree  as
    46  defined in section 205.25 of the penal law, hindering prosecution in the
    47  second  degree  as defined in section 205.60 of the penal law, hindering
    48  prosecution in the first degree as defined  in  section  205.65  of  the
    49  penal  law,  sex  trafficking  as defined in section 230.34 of the penal
    50  law, sex trafficking of a child as defined in section  230.34-a  of  the
    51  penal  law,  criminal  possession  of  a  weapon  in the third degree as
    52  defined in subdivisions two, three and five of  section  265.02  of  the
    53  penal  law,  criminal  possession  of  a  weapon in the second degree as
    54  defined in section 265.03 of the penal law,  criminal  possession  of  a
    55  weapon  in  the  first  degree as defined in section 265.04 of the penal
    56  law, manufacture, transport, disposition and defacement of  weapons  and

        A. 794--C                          17
     1  dangerous instruments and appliances defined as felonies in subdivisions
     2  one, two, and three of section 265.10 of the penal law, sections 265.11,
     3  265.12  and  265.13  of  the  penal law, or prohibited use of weapons as
     4  defined  in subdivision two of section 265.35 of the penal law, relating
     5  to firearms and other dangerous weapons,  or  failure  to  disclose  the
     6  origin  of  a recording in the first degree as defined in section 275.40
     7  of the penal law;
     8    § 34. Paragraph (a) of subdivision 2 of section 720.10 of the criminal
     9  procedure law, as amended by chapter 316 of the laws of 2006, is amended
    10  to read as follows:
    11    (a) the conviction to be replaced by a youthful  offender  finding  is
    12  for  (i)  a  class  A-I or class A-II felony, or (ii) an armed felony as
    13  defined in subdivision forty-one of section 1.20, except as provided  in
    14  subdivision  three,  or (iii) rape in the first degree[, criminal sexual
    15  act in the first degree,] or aggravated sexual abuse, except as provided
    16  in subdivision three, or
    17    § 35. Paragraph (a) of subdivision 2 and paragraph (a) of  subdivision
    18  3 of section 168-a of the correction law, paragraph (a) of subdivision 2
    19  as amended by chapter 405 of the laws of 2008, subparagraph (i) of para-
    20  graph (a) of subdivision 2 as amended by chapter 189 of the laws of 2018
    21  and paragraph (a) of subdivision 3 as amended by chapter 107 of the laws
    22  of 2006, are amended to read as follows:
    23    (a)  (i)  a conviction of or a conviction for an attempt to commit any
    24  of the provisions of sections 120.70, 130.20, 130.25,  130.30,  [130.40,
    25  130.45,]  130.60,  230.34, 230.34-a 250.50, 255.25, 255.26 and 255.27 or
    26  article two hundred sixty-three of the penal  law,  or  section  135.05,
    27  135.10,  135.20  or  135.25 of such law relating to kidnapping offenses,
    28  provided the victim of such kidnapping or related offense is  less  than
    29  seventeen years old and the offender is not the parent of the victim, or
    30  section  230.04, where the person patronized is in fact less than seven-
    31  teen years of age, 230.05, 230.06, 230.11, 230.12,  230.13,  subdivision
    32  two  of  section  230.30, section 230.32, 230.33, or 230.34 of the penal
    33  law, or section 230.25 of the penal law where the person prostituted  is
    34  in  fact  less  than  seventeen  years old, or (ii) a conviction of or a
    35  conviction for an attempt to commit any of  the  provisions  of  section
    36  235.22 of the penal law, or (iii) a conviction of or a conviction for an
    37  attempt  to commit any provisions of the foregoing sections committed or
    38  attempted as a hate crime defined in section 485.05 of the penal law  or
    39  as  a  crime  of terrorism defined in section 490.25 of such law or as a
    40  sexually motivated felony defined in section 130.91 of such law; or
    41    (a) (i) a conviction of or a conviction for an attempt to  commit  any
    42  of  the provisions of sections 130.35, [130.50,] 130.65, 130.66, 130.67,
    43  130.70, 130.75, 130.80, 130.95 and 130.96 of the penal law,  or  (ii)  a
    44  conviction  of  or  a  conviction  for  an  attempt to commit any of the
    45  provisions of sections 130.53, 130.65-a and 130.90 of the penal law,  or
    46  (iii)  a  conviction  of  or  a  conviction for an attempt to commit any
    47  provisions of the foregoing sections committed or attempted  as  a  hate
    48  crime  defined  in  section  485.05  of  the  penal law or as a crime of
    49  terrorism defined in section 490.25 of such law; or
    50    § 36. Subparagraph (ii) of paragraph (a), subparagraphs (i)  and  (ii)
    51  of  paragraph (b) and paragraph (e) of subdivision 8 of section 384-b of
    52  the social services law, subparagraph (ii) of paragraph (a) and subpara-
    53  graph (i) of paragraph (b) as amended by chapter  430  of  the  laws  of
    54  2013, subparagraph (ii) of paragraph (b) as amended and paragraph (e) as
    55  added by chapter 7 of the laws of 1999, are amended to read as follows:

        A. 794--C                          18
     1    (ii)  the  child  has  been found to be an abused child, as defined in
     2  paragraph (iii) of subdivision (e) of section ten hundred twelve of  the
     3  family  court act, as a result of such parent's acts; provided, however,
     4  the respondent must have committed or knowingly allowed to be  committed
     5  a  felony  sex  offense  as  defined in sections 130.25, 130.30, 130.35,
     6  [130.40, 130.45, 130.50,] 130.65, 130.67, 130.70, 130.75, 130.80, 130.95
     7  and 130.96 of the penal law and, for the purposes of  this  section  the
     8  corroboration requirements contained in the penal law shall not apply to
     9  proceedings under this section; or
    10    (i)  the child has been found to be an abused child, (A) as defined in
    11  paragraph (i) of subdivision (e) of section ten hundred  twelve  of  the
    12  family  court  act, as a result of such parent's acts; or (B) as defined
    13  in paragraph (iii) of subdivision (e) of section ten hundred  twelve  of
    14  the  family  court  act,  as  a  result of such parent's acts; provided,
    15  however, the respondent must have committed or knowingly allowed  to  be
    16  committed  a  felony  sex offense as defined in sections 130.25, 130.30,
    17  130.35,  [130.40,  130.45,  130.50,]  130.65,  130.67,  130.70,  130.75,
    18  130.80, 130.95 and 130.96 of the penal law; and
    19    (ii)  (A)  the child or another child for whose care such parent is or
    20  has been legally responsible has been previously found, within the  five
    21  years  immediately  preceding  the initiation of the proceeding in which
    22  such abuse is found, to be an abused child, as defined in paragraph  (i)
    23  or  (iii) of subdivision (e) of section ten hundred twelve of the family
    24  court act, as a result of such parent's acts; provided, however, in  the
    25  case  of a finding of abuse as defined in paragraph (iii) of subdivision
    26  (e) of section ten hundred twelve of the family court act the respondent
    27  must have committed or knowingly allowed to be committed  a  felony  sex
    28  offense  as defined in sections 130.25, 130.30, 130.35, [130.40, 130.45,
    29  130.50,] 130.65, 130.67, 130.70, 130.75 and 130.80 of the penal law,  or
    30  (B)  the  parent  has  been  convicted  of a crime under section 130.25,
    31  130.30, 130.35, [130.40, 130.45, 130.50,] 130.65, 130.67, 130.70, 130.75
    32  or 130.80 of the penal law against the child, a sibling of the child  or
    33  another  child for whose care such parent is or has been legally respon-
    34  sible, within the five year period immediately preceding the  initiation
    35  of the proceeding in which abuse is found; and
    36    (e) A determination by the court in accordance with article ten of the
    37  family  court  act based upon clear and convincing evidence that a child
    38  was abused (A) as defined in paragraph (i) of subdivision (e) of section
    39  ten hundred twelve of the family court act, as a result of such parent's
    40  acts; or (B) as defined in paragraph (iii) of subdivision (e) of section
    41  ten hundred twelve of the family court act, as a result of such parent's
    42  acts; provided, however, the respondent must have committed or knowingly
    43  allowed to be committed a felony sex  offense  as  defined  in  sections
    44  130.25,  130.30,  130.35,  [130.40,  130.45,  130.50,]  130.65,  130.67,
    45  130.70, 130.75 and 130.80 of the penal  law  shall  establish  that  the
    46  child was an abused child for the purpose of a determination as required
    47  by subparagraph (i) or (ii) of paragraph (b) of this subdivision. Such a
    48  determination  by the court in accordance with article ten of the family
    49  court act based upon a fair preponderance of evidence shall be  admissi-
    50  ble in any proceeding commenced in accordance with this section.
    51    § 37. Paragraphs (a) and (b) of subdivision 4 of section 509-cc of the
    52  vehicle  and traffic law, paragraph (a) as amended by chapter 189 of the
    53  laws of 2018 and paragraph (b) as amended by chapter 400 of the laws  of
    54  2011, are amended to read as follows:
    55    (a)  The offenses referred to in subparagraph (ii) of paragraph (a) of
    56  subdivision one and paragraph (a) of subdivision  two  of  this  section

        A. 794--C                          19
     1  that  result  in  permanent  disqualification shall include a conviction
     2  under sections 125.12, 125.13, 125.14, 125.15, 125.20,  125.21,  125.22,
     3  125.25,  125.26,  125.27,  130.30,  130.35,  [130.45,  130.50,]  130.65,
     4  130.66,  130.67, 130.70, 130.75, 130.80, 130.90, 130.95, 130.96, 135.25,
     5  150.20,  230.30,  230.32,  230.34,  230.34-a,  235.22,  263.05,  263.10,
     6  263.11,  263.15,  263.16 of the penal law or an attempt to commit any of
     7  the aforesaid offenses under section 110.00 of the  penal  law,  or  any
     8  offenses  committed  under a former section of the penal law which would
     9  constitute violations of the aforesaid sections of the penal law, or any
    10  offenses committed outside this state which would constitute  violations
    11  of the aforesaid sections of the penal law.
    12    (b)  The offenses referred to in subparagraph (ii) of paragraph (a) of
    13  subdivision one and paragraph (b) of subdivision  two  of  this  section
    14  that  result  in  permanent  disqualification shall include a conviction
    15  under sections 100.13, 105.15, 105.17, 115.08, 120.12,  120.70,  125.10,
    16  125.11,  [130.40,]  130.53,  130.60,  130.65-a,  135.20, 160.15, 220.18,
    17  220.21, 220.39, 220.41, 220.43, 220.44, 230.25, 260.00,  265.04  of  the
    18  penal  law  or  an attempt to commit any of the aforesaid offenses under
    19  section 110.00 of the penal law,  or  any  offenses  committed  under  a
    20  former section of the penal law which would constitute violations of the
    21  aforesaid  sections  of the penal law, or any offenses committed outside
    22  this state which would constitute violations of the  aforesaid  sections
    23  of the penal law.
    24    §  38.  Subdivision  (b)  of  section  117 of the family court act, as
    25  amended by chapter 7 of the laws of 2007, is amended to read as follows:
    26    (b) For every juvenile  delinquency  proceeding  under  article  three
    27  involving  an  allegation of an act committed by a person which, if done
    28  by an adult, would be a crime (i) defined in sections 125.27 (murder  in
    29  the first degree); 125.25 (murder in the second degree); 135.25 (kidnap-
    30  ping  in the first degree); or 150.20 (arson in the first degree) of the
    31  penal law committed by a person thirteen, fourteen or fifteen  years  of
    32  age;  or  such  conduct  committed as a sexually motivated felony, where
    33  authorized pursuant to section 130.91 of the penal law; (ii) defined  in
    34  sections  120.10  (assault in the first degree); 125.20 (manslaughter in
    35  the first degree); 130.35 (rape in the first degree); [130.50  (criminal
    36  sexual  act  in  the  first  degree);]  135.20 (kidnapping in the second
    37  degree), but only where the abduction involved the use or threat of  use
    38  of deadly physical force; 150.15 (arson in the second degree); or 160.15
    39  (robbery  in  the  first  degree) of the penal law committed by a person
    40  thirteen, fourteen or fifteen years of age; or such conduct committed as
    41  a sexually motivated felony, where authorized pursuant to section 130.91
    42  of the penal law; (iii) defined in the penal law as an attempt to commit
    43  murder in the first or second degree or kidnapping in the  first  degree
    44  committed  by  a  person  thirteen, fourteen or fifteen years of age; or
    45  such conduct committed as a sexually motivated felony, where  authorized
    46  pursuant  to  section  130.91  of the penal law; (iv) defined in section
    47  140.30 (burglary in the first degree); subdivision one of section 140.25
    48  (burglary in the second  degree);  subdivision  two  of  section  160.10
    49  (robbery  in  the  second degree) of the penal law; or section 265.03 of
    50  the penal law, where such machine gun or such firearm  is  possessed  on
    51  school  grounds,  as  that  phrase is defined in subdivision fourteen of
    52  section 220.00 of the penal  law  committed  by  a  person  fourteen  or
    53  fifteen  years of age; or such conduct committed as a sexually motivated
    54  felony, where authorized pursuant to section 130.91 of  the  penal  law;
    55  (v)  defined  in section 120.05 (assault in the second degree) or 160.10
    56  (robbery in the second degree) of the penal law committed  by  a  person

        A. 794--C                          20
     1  fourteen  or  fifteen years of age but only where there has been a prior
     2  finding by a court that such person  has  previously  committed  an  act
     3  which,  if  committed  by an adult, would be the crime of assault in the
     4  second degree, robbery in the second degree or any designated felony act
     5  specified in clause (i), (ii) or (iii) of this subdivision regardless of
     6  the  age  of such person at the time of the commission of the prior act;
     7  or (vi) other than a misdemeanor, committed by a person at  least  seven
     8  but  less  than  sixteen years of age, but only where there has been two
     9  prior findings by the court that such person has committed a  prior  act
    10  which, if committed by an adult would be a felony:
    11    (i) There is hereby established in the family court in the city of New
    12  York at least one "designated felony act part." Such part or parts shall
    13  be held separate from all other proceedings of the court, and shall have
    14  jurisdiction over all proceedings involving such an allegation. All such
    15  proceedings  shall  be originated in or be transferred to this part from
    16  other parts as they are made known to the court.
    17    (ii) Outside the city of New York, all proceedings involving  such  an
    18  allegation  shall  have a hearing preference over every other proceeding
    19  in the court, except proceedings under article ten.
    20    § 39. Paragraph (ii) of subdivision 8 of section 301.2 of  the  family
    21  court  act,  as  amended  by section 57 of part WWW of chapter 59 of the
    22  laws of 2017, is amended to read as follows:
    23    (ii) defined in sections 120.10 (assault in the first degree);  125.20
    24  (manslaughter  in  the first degree); 130.35 (rape in the first degree);
    25  [130.50 (criminal sexual act in the first degree);]  130.70  (aggravated
    26  sexual  abuse  in  the  first  degree); 135.20 (kidnapping in the second
    27  degree) but only where the abduction involved the use or threat  of  use
    28  of  deadly physical force; 150.15 (arson in the second degree) or 160.15
    29  (robbery in the first degree) of the penal law  committed  by  a  person
    30  thirteen,  fourteen,  fifteen, or sixteen, or, commencing October first,
    31  two thousand nineteen, seventeen years of age; or such conduct committed
    32  as a sexually motivated felony, where  authorized  pursuant  to  section
    33  130.91 of the penal law;
    34    §  40.  Subdivision  4  of  section  308.1 of the family court act, as
    35  amended by chapter 264 of the laws  of  2003,  is  amended  to  read  as
    36  follows:
    37    4.  The  probation  service shall not adjust a case in which the child
    38  has allegedly committed a delinquent act which would be a crime  defined
    39  in section 120.25, (reckless endangerment in the first degree), subdivi-
    40  sion one of section 125.15, (manslaughter in the second degree), [subdi-
    41  vision]  subdivisions one, two and three of section 130.25, (rape in the
    42  third degree), [subdivision one of section 130.40, (criminal sexual  act
    43  in the third degree),] subdivision one or two of section 130.65, (sexual
    44  abuse  in  the  first  degree),  section  135.65, (coercion in the first
    45  degree), section 140.20, (burglary in the third degree), section 150.10,
    46  (arson in the third degree),  section  160.05,  (robbery  in  the  third
    47  degree),  subdivision  two,  three  or four of section 265.02, (criminal
    48  possession of a weapon in the third degree), section  265.03,  (criminal
    49  possession of a weapon in the second degree), or section 265.04, (crimi-
    50  nal  possession  of a dangerous weapon in the first degree) of the penal
    51  law where the child has previously had one or more adjustments of a case
    52  in which such child allegedly committed an act which would  be  a  crime
    53  specified  in  this  subdivision unless it has received written approval
    54  from the court and the appropriate presentment agency.
    55    § 41. Subdivision (c) of section 1052 of  the  family  court  act,  as
    56  added by chapter 739 of the laws of 1981, is amended to read as follows:

        A. 794--C                          21
     1    (c)  Prior to granting an order of disposition pursuant to subdivision
     2  (a) of this section following an adjudication of child abuse, as defined
     3  in paragraph (i) of subdivision (e) of section  ten  hundred  twelve  of
     4  this  act  or  a  finding of a felony sex offense as defined in sections
     5  130.25,  130.30,  130.35, [130.40, 130.45, 130.50,] 130.65 and 130.70 of
     6  the penal law, the court shall advise the respondent that any subsequent
     7  adjudication of child abuse, as defined in paragraph (i) of  subdivision
     8  (e) of section one thousand twelve of this act or any subsequent finding
     9  of  a  felony  sex offense as defined in those sections of the penal law
    10  herein enumerated, arising out of acts of the respondent may  result  in
    11  the  commitment  of the guardianship and custody of the child or another
    12  child pursuant to section three  hundred  eighty-four-b  of  the  social
    13  services law. The order in such cases shall contain a statement that any
    14  subsequent  adjudication  of  child  abuse  or  finding  of a felony sex
    15  offense as described herein may result in the commitment of the  guardi-
    16  anship  and  custody  of the child, or another child pursuant to section
    17  three hundred eighty-four-b of the social services law.
    18    § 42. Subdivision 2 of section 61 of the civil rights law, as  amended
    19  by  section 54 of subpart B of part C of chapter 62 of the laws of 2011,
    20  is amended to read as follows:
    21    2. If the petitioner stands convicted of a violent felony  offense  as
    22  defined in section 70.02 of the penal law or a felony defined in article
    23  one  hundred  twenty-five of such law or any of the following provisions
    24  of such law sections 130.25, 130.30, [130.40, 130.45,]  255.25,  255.26,
    25  255.27, article two hundred sixty-three, 135.10, 135.25, 230.05, 230.06,
    26  subdivision  two  of section 230.30 or 230.32, and is currently confined
    27  as an inmate in any correctional facility or currently under the  super-
    28  vision  of  the department of corrections and community supervision or a
    29  county probation department as a result of such conviction, the petition
    30  shall for each such conviction specify such felony conviction, the  date
    31  of  such  conviction  or  convictions,  and  the  court  in  which  such
    32  conviction or convictions were entered.
    33    § 43. Subdivision 2 of section 62 of the civil rights law, as  amended
    34  by  section 55 of subpart B of part C of chapter 62 of the laws of 2011,
    35  is amended to read as follows:
    36    2. If the petition be  to  change  the  name  of  a  person  currently
    37  confined  as  an  inmate in any correctional facility or currently under
    38  the supervision of the department of corrections  and  community  super-
    39  vision  or a county probation department as a result of a conviction for
    40  a violent felony offense as defined in section 70.02 of the penal law or
    41  a felony defined in article one hundred twenty-five of such law  or  any
    42  of  the  following  provisions  of  such  law  sections  130.25, 130.30,
    43  [130.40, 130.45,] 255.25, 255.26, 255.27,  article  two  hundred  sixty-
    44  three, 135.10, 135.25, 230.05, 230.06, subdivision two of section 230.30
    45  or 230.32, notice of the time and place when and where the petition will
    46  be  presented  shall  be  served, in like manner as a notice of a motion
    47  upon an attorney in an action, upon the district attorney of every coun-
    48  ty in which such person has been convicted of such felony and  upon  the
    49  court  or  courts  in  which  the  sentence for such felony was entered.
    50  Unless a shorter period of time is ordered by  the  court,  said  notice
    51  shall be served upon each such district attorney and court or courts not
    52  less than sixty days prior to the date on which such petition is noticed
    53  to be heard.
    54    §  44. The closing paragraph of section 64 of the civil rights law, as
    55  separately amended by chapters 258, 320 and 481 of the laws of 2006,  is
    56  amended to read as follows:

        A. 794--C                          22
     1    Upon  compliance with the order and the filing of the affidavit of the
     2  publication, as provided in this section, the  clerk  of  the  court  in
     3  which  the  order has been entered shall certify that the order has been
     4  complied with; and, if the petition states that  the  petitioner  stands
     5  convicted of a violent felony offense as defined in section 70.02 of the
     6  penal law or a felony defined in article one hundred twenty-five of such
     7  law  or  any  of  the  following provisions of such law sections 130.25,
     8  130.30, [130.40, 130.45,] 255.25, 255.26, 255.27,  article  two  hundred
     9  sixty-three,  135.10, 135.25, 230.05, 230.06, subdivision two of section
    10  230.30 or 230.32, such clerk (1) shall deliver, by first class  mail,  a
    11  copy  of  such  certified  order  to  the  division  of criminal justice
    12  services at its office in the county of Albany and (2) upon the clerk of
    13  the court reviewing the petitioner's application  for  name  change  and
    14  subsequent in-court inquiry, may, in the clerk's discretion, deliver, by
    15  first class mail, the petitioner's new name with such certified order to
    16  the court of competent jurisdiction which imposed the orders of support.
    17  Such  certification shall appear on the original order and on any certi-
    18  fied copy thereof and shall be entered in the  clerk's  minutes  of  the
    19  proceeding.
    20    §  45.  Section 213-c of the civil practice law and rules, as added by
    21  chapter 3 of the laws of 2006, is amended to read as follows:
    22    § 213-c. Action by  victim  of  conduct  constituting  certain  sexual
    23  offenses.  Notwithstanding  any other limitation set forth in this arti-
    24  cle, a civil claim or cause of action to recover  from  a  defendant  as
    25  hereinafter  defined,  for  physical,  psychological  or other injury or
    26  condition suffered by a person as a result of acts by such defendant  of
    27  rape  in the first degree as defined in section 130.35 of the penal law,
    28  [or criminal sexual act in the first degree as defined in section 130.50
    29  of the penal law,] or aggravated sexual abuse in  the  first  degree  as
    30  defined  in section 130.70 of the penal law, or course of sexual conduct
    31  against a child in the first degree as defined in section 130.75 of  the
    32  penal law may be brought within five years. As used in this section, the
    33  term "defendant" shall mean only a person who commits the acts described
    34  in  this section or who, in a criminal proceeding, could be charged with
    35  criminal liability for the commission of such acts pursuant  to  section
    36  20.00 of the penal law and shall not apply to any related civil claim or
    37  cause of action arising from such acts. Nothing in this section shall be
    38  construed  to  require  that  a criminal charge be brought or a criminal
    39  conviction be obtained as a condition  of  bringing  a  civil  cause  of
    40  action  or  receiving  a  civil  judgment pursuant to this section or be
    41  construed to require that any of the rules governing a criminal proceed-
    42  ing be applicable to any such civil action.
    43    § 46. Paragraph (b) of subdivision 8 of section 215 of the civil prac-
    44  tice law and rules, as added by chapter  3  of  the  laws  of  2006,  is
    45  amended to read as follows:
    46    (b)  Whenever  it  is  shown  that  a criminal action against the same
    47  defendant has been commenced with respect to  the  event  or  occurrence
    48  from  which  a  claim governed by this section arises, and such criminal
    49  action is for rape in the first degree as defined in section  130.35  of
    50  the penal law, [or criminal sexual act in the first degree as defined in
    51  section  130.50  of  the  penal  law,] or aggravated sexual abuse in the
    52  first degree as defined in section 130.70 of the penal law, or course of
    53  sexual conduct against a child in the first degree as defined in section
    54  130.75 of the penal law, the plaintiff shall have at  least  five  years
    55  from  the  termination of the criminal action as defined in section 1.20
    56  of the criminal procedure law in which to  commence  the  civil  action,

        A. 794--C                          23
     1  notwithstanding  that  the  time  in  which  to commence such action has
     2  already expired or has less than a year remaining.
     3    §  47.  Subdivision  11  of section 123 of the agriculture and markets
     4  law, as amended by chapter 392 of the laws of 2004, and such section  as
     5  renumbered by section 18 of part T of chapter 59 of the laws of 2010, is
     6  amended to read as follows:
     7    11.  The owner shall not be liable pursuant to subdivision six, seven,
     8  eight, nine or ten of this section if the dog was coming to the  aid  or
     9  defense  of  a person during the commission or attempted commission of a
    10  murder, robbery, burglary, arson, rape in the first degree as defined in
    11  paragraph (a) or (b) of subdivision one [or], paragraph (a)  or  (b)  of
    12  subdivision  two or paragraph (a) or (b) of subdivision three of section
    13  130.35 of the penal law[, criminal sexual act in  the  first  degree  as
    14  defined in subdivision one or two of section 130.50 of the penal law] or
    15  kidnapping within the dwelling or upon the real property of the owner of
    16  the  dog and the dog injured or killed the person committing such crimi-
    17  nal activity.
    18    § 48. Section 4 of the judiciary law, as amended by chapter 1  of  the
    19  laws of 2019, is amended to read as follows:
    20    §  4.  Sittings  of  courts  to be public. The sittings of every court
    21  within this state shall be public, and every citizen may  freely  attend
    22  the  same,  except  that  in  all  proceedings  and  trials in cases for
    23  divorce, seduction, rape, assault with intent to commit rape,  [criminal
    24  sexual  act,]  bastardy  or filiation, the court may, in its discretion,
    25  exclude therefrom all persons who are not directly  interested  therein,
    26  excepting jurors, witnesses, and officers of the court.
    27    §  49. Subdivision 2 of section 120.60 of the penal law, as amended by
    28  chapter 434 of the laws of 2000, is amended to read as follows:
    29    2. commits a class A misdemeanor defined in article one hundred thirty
    30  of this chapter, or a class E felony defined in section 130.25, [130.40]
    31  or 130.85 of this chapter, or a class D felony defined in section 130.30
    32  [or 130.45] of this chapter.
    33    § 50. Subdivision 1 of section 210.16 of the criminal  procedure  law,
    34  as  added  by  chapter  571  of  the laws of 2007, is amended to read as
    35  follows:
    36    1. (a) In a case where an indictment or a superior  court  information
    37  has  been filed with a superior court which charges the defendant with a
    38  felony offense enumerated in any section of article one  hundred  thirty
    39  of  the  penal  law where an act of "[sexual intercourse] vaginal sexual
    40  contact", "oral sexual [conduct]  contact"  or  "anal  sexual  [conduct]
    41  contact," as those terms are defined in section 130.00 of the penal law,
    42  is  required  as  an  essential  element for the commission thereof, the
    43  court shall, upon a request of the victim within six months of the  date
    44  of  the crimes charged, order that the defendant submit to human immuno-
    45  deficiency virus (HIV) related testing. Testing of a defendant shall  be
    46  ordered when the result would provide medical benefit to the victim or a
    47  psychological benefit to the victim. Medical benefit shall be found when
    48  the  following  elements  are satisfied: (i) a decision is pending about
    49  beginning, continuing, or discontinuing a medical intervention  for  the
    50  victim;  and  (ii) the result of an HIV test of the accused could affect
    51  that decision, and could provide relevant information beyond that  which
    52  would be provided by an HIV test of the victim. If testing the defendant
    53  would  provide  medical benefit to the victim or a psychological benefit
    54  to the victim, then the testing is to be conducted by a  state,  county,
    55  or  local  public  health officer designated by the order. Test results,
    56  which shall not be disclosed to the court, shall be communicated to  the

        A. 794--C                          24
     1  defendant  and  the  victim  named  in  the order in accordance with the
     2  provisions of section twenty-seven hundred eighty-five-a of  the  public
     3  health law.
     4    (b)  For  the purposes of this section, the terms "victim" and "appli-
     5  cant" mean the person with whom the defendant is charged to have engaged
     6  in an act of "[sexual intercourse] vaginal sexual contact", "oral sexual
     7  [conduct] contact" or "anal sexual [conduct] contact",  as  those  terms
     8  are  defined in section 130.00 of the penal law, where such conduct with
     9  such victim was the basis for charging the  defendant  with  an  offense
    10  specified in paragraph (a) of this subdivision.
    11    §  51.  Subdivision 1 of section 390.15 of the criminal procedure law,
    12  as amended by chapter 264 of the laws of 2003, is  amended  to  read  as
    13  follows:
    14    1.  (a)  In  any  case  where  the  defendant is convicted of a felony
    15  offense enumerated in any section of article one hundred thirty  of  the
    16  penal  law,  or  any subdivision of section 130.20 of such law, where an
    17  act of "[sexual  intercourse]  vaginal  sexual  contact",  "oral  sexual
    18  [conduct]  contact"  or  "anal sexual [conduct] contact," as those terms
    19  are defined in section 130.00 of the penal law, is required as an essen-
    20  tial element for the commission thereof, the court must, upon a  request
    21  of the victim, order that the defendant submit to human immunodeficiency
    22  (HIV)  related testing. The testing is to be conducted by a state, coun-
    23  ty, or local  public  health  officer  designated  by  the  order.  Test
    24  results,  which  shall  not be disclosed to the court, shall be communi-
    25  cated to the defendant and the victim named in the order  in  accordance
    26  with the provisions of section twenty-seven hundred eighty-five-a of the
    27  public health law, but such results and disclosure need not be completed
    28  prior to the imposition of sentence.
    29    (b)   For  the  purposes  of  this  section,  the  terms  "defendant",
    30  "conviction" and "sentence" mean and include, respectively, an "eligible
    31  youth," a "youthful offender finding" and a "youthful offender sentence"
    32  as those terms are defined in section 720.10 of this chapter.  The  term
    33  "victim"  means  the person with whom the defendant engaged in an act of
    34  "[sexual intercourse] vaginal sexual contact",  "oral  sexual  [conduct]
    35  contact"  or "anal sexual [conduct] contact", as those terms are defined
    36  in section 130.00 of the penal law, where such conduct with such  victim
    37  was  the basis for the defendant's conviction of an offense specified in
    38  paragraph (a) of this subdivision.
    39    § 52. Subdivision 1 of section 347.1  of  the  family  court  act,  as
    40  amended  by  chapter  264  of  the  laws  of 2003, is amended to read as
    41  follows:
    42    1. (a) In any proceeding where the respondent  is  found  pursuant  to
    43  section  345.1  or  346.1  of  this  article, to have committed a felony
    44  offense enumerated in any section of article one hundred thirty  of  the
    45  penal  law,  or any subdivision of section 130.20 of such law, for which
    46  an act of "[sexual intercourse] vaginal sexual  contact",  "oral  sexual
    47  [conduct]  contact"  or  "anal sexual [conduct] contact", as those terms
    48  are defined in section 130.00 of the penal law, is required as an essen-
    49  tial element for the commission thereof, the court must, upon a  request
    50  of the victim, order that the respondent submit to human immunodeficien-
    51  cy  (HIV)  related  testing.  The testing is to be conducted by a state,
    52  county, or local public health officer designated  by  the  order.  Test
    53  results,  which  shall  not be disclosed to the court, shall be communi-
    54  cated to the respondent and the victim named in the order in  accordance
    55  with the provisions of section twenty-seven hundred eighty-five-a of the
    56  public health law.

        A. 794--C                          25
     1    (b)  For  the  purposes  of  this section, the term "victim" means the
     2  person with whom the respondent engaged in an  act  of  "[sexual  inter-
     3  course]  vaginal  sexual  contact",  "oral  sexual [conduct] contact" or
     4  "anal sexual [conduct] contact", as those terms are defined  in  section
     5  130.00  of  the  penal  law, where such conduct with such victim was the
     6  basis for the court's finding that the respondent committed acts consti-
     7  tuting one or more of the offenses specified in paragraph  (a)  of  this
     8  subdivision.
     9    §  53.  Subdivision (a) of section 130.16 of the penal law, as amended
    10  by chapter 264 of the laws of 2003, is amended to read as follows:
    11    (a) Establish that an attempt was made to engage the victim in [sexual
    12  intercourse] vaginal sexual contact, oral sexual [conduct] contact, anal
    13  sexual [conduct] contact, or sexual contact, as the case may be, at  the
    14  time of the occurrence; and
    15    §  54. Section 130.20 of the penal law, as amended by chapter 1 of the
    16  laws of 2000, subdivision 2 as amended by chapter 264  of  the  laws  of
    17  2003, is amended to read as follows:
    18  § 130.20 Sexual misconduct.
    19    A person is guilty of sexual misconduct when:
    20    1.  He  or  she engages in [sexual intercourse] vaginal sexual contact
    21  with another person without such person's consent; or
    22    2. He or she engages in oral sexual [conduct or anal  sexual  conduct]
    23  contact with another person without such person's consent; or
    24    3.  He or she engages in anal sexual contact with another person with-
    25  out such person's consent; or
    26    4.  He or she engages in sexual conduct with an animal or a dead human
    27  body.
    28    Sexual misconduct is a class A misdemeanor.
    29    § 55. Paragraphs (a) and (b) of subdivision 1 of section 130.75 of the
    30  penal law, as amended by chapter 264 of the laws of 2003, are amended to
    31  read as follows:
    32    (a) he or she engages in two or more acts  of  sexual  conduct,  which
    33  includes  at  least  one  act  of  [sexual  intercourse]  vaginal sexual
    34  contact, oral sexual [conduct] contact, anal sexual [conduct] contact or
    35  aggravated sexual contact, with a child less than eleven years old; or
    36    (b) he or she, being eighteen years old or more,  engages  in  two  or
    37  more  acts  of sexual conduct, which include at least one act of [sexual
    38  intercourse] vaginal sexual contact, oral sexual [conduct] contact, anal
    39  sexual [conduct] contact or aggravated sexual contact, with a child less
    40  than thirteen years old.
    41    § 56. Subdivision 1 of section 235.00 of the penal law, as amended  by
    42  chapter 264 of the laws of 2003, is amended to read as follows:
    43    1.  "Obscene."  Any  material  or  performance is "obscene" if (a) the
    44  average person, applying contemporary community  standards,  would  find
    45  that  considered  as  a whole, its predominant appeal is to the prurient
    46  interest in sex, and (b) it depicts or describes in a patently offensive
    47  manner,  actual  or  simulated:  [sexual  intercourse]  vaginal   sexual
    48  contact, [criminal sexual act] oral sexual contact, anal sexual contact,
    49  sexual  bestiality,  masturbation,  sadism, masochism, excretion or lewd
    50  exhibition of the genitals, and (c) considered  as  a  whole,  it  lacks
    51  serious literary, artistic, political, and scientific value. Predominant
    52  appeal  shall  be  judged  with  reference  to ordinary adults unless it
    53  appears from the character of the material or the circumstances  of  its
    54  dissemination to be designed for children or other [specially] especial-
    55  ly susceptible audience.

        A. 794--C                          26
     1    §  57. Subdivision 2 of section 235.22 of the penal law, as amended by
     2  chapter 264 of the laws of 2003, is amended to read as follows:
     3    2.  by means of such communication he importunes, invites or induces a
     4  minor to engage in [sexual intercourse]  vaginal  sexual  contact,  oral
     5  sexual  [conduct]  contact  or  anal sexual [conduct] contact, or sexual
     6  contact with him, or to engage in a sexual performance,  obscene  sexual
     7  performance, or sexual conduct for his benefit.
     8    §  58.  Section  255.25 of the penal law, as amended by chapter 320 of
     9  the laws of 2006, is amended to read as follows:
    10  § 255.25 Incest in the third degree.
    11    A person is guilty of incest in  the  third  degree  when  he  or  she
    12  marries  or engages in [sexual intercourse] vaginal sexual contact, oral
    13  sexual [conduct] contact or anal sexual [conduct] contact with a  person
    14  whom  he  or  she  knows  to  be  related to him or her, whether through
    15  marriage or not, as an ancestor, descendant, brother or sister of either
    16  the whole or the half blood, uncle, aunt, nephew or niece.
    17    Incest in the third degree is a class E felony.
    18    § 59. Subdivision 3 of section 263.00 of the penal law, as amended  by
    19  chapter 264 of the laws of 2003, is amended to read as follows:
    20    3.  "Sexual  conduct"  means  actual or simulated [sexual intercourse]
    21  vaginal sexual contact,  oral  sexual  [conduct]  contact,  anal  sexual
    22  [conduct]contact,   sexual  bestiality,  masturbation,  sado-masochistic
    23  abuse, or lewd exhibition of the genitals.
    24    § 60. Subdivision 3 of section 60.42 of the criminal procedure law, as
    25  amended by section 1 of part R of chapter 55 of the  laws  of  2019,  is
    26  amended to read as follows:
    27    3. rebuts evidence introduced by the people of the victim's failure to
    28  engage  in  [sexual  intercourse]  vaginal  sexual  contact, oral sexual
    29  [conduct] contact, anal  sexual  [conduct]  contact  or  sexual  contact
    30  during a given period of time; or
    31    §  61.  Subdivision  3  of  section  344.4 of the family court act, as
    32  amended by chapter 264 of the laws  of  2003,  is  amended  to  read  as
    33  follows:
    34    3.  rebuts  evidence  introduced  by  the  presentment  agency  of the
    35  victim's failure  to  engage  in  [sexual  intercourse]  vaginal  sexual
    36  contact, oral sexual [conduct] contact, anal sexual [conduct] contact or
    37  sexual contact during a given period of time; or
    38    §  62.  Subdivision 4 of section 170 of the domestic relations law, as
    39  amended by chapter 264 of the laws  of  2003,  is  amended  to  read  as
    40  follows:
    41    (4)  The  commission of an act of adultery, provided that adultery for
    42  the purposes of articles ten, eleven, and eleven-A of this  chapter,  is
    43  hereby defined as the commission of an act of [sexual intercourse] vagi-
    44  nal  sexual  contact,  oral  sexual  [conduct]  contact  or  anal sexual
    45  [conduct] contact, voluntarily performed by the defendant, with a person
    46  other than the plaintiff after the marriage of plaintiff and  defendant.
    47  Oral sexual [conduct] contact and anal sexual [conduct] contact include,
    48  but  are not limited to, sexual conduct as defined in subdivision two of
    49  section 130.00 and subdivision [three] four of  section  130.20  of  the
    50  penal law.
    51    § 63.  The first undesignated paragraph of section 135.61 of the penal
    52  law, as added by section 2 of part NN of chapter 55 of the laws of 2018,
    53  is amended to read as follows:
    54    A  person  is  guilty  of coercion in the second degree when he or she
    55  commits the crime of coercion in the third degree as defined in  section
    56  135.60 of this article and thereby compels or induces a person to engage

        A. 794--C                          27
     1  in  [sexual  intercourse]  vaginal sexual contact, oral sexual [conduct]
     2  contact or anal sexual [conduct] contact as such terms  are  defined  in
     3  section [130 of the penal law] 130.00 of this title.
     4    §  64. The first undesignated paragraph of section 230.11 of the penal
     5  law, as added by chapter 368 of the laws of 2015, is amended to read  as
     6  follows:
     7    A  person is guilty of aggravated patronizing a minor for prostitution
     8  in the third degree when, being twenty-one years old or more, he or  she
     9  patronizes  a  person for prostitution and the person patronized is less
    10  than seventeen years old and the person guilty of patronizing engages in
    11  [sexual intercourse]  vaginal  sexual  contact,  oral  sexual  [conduct]
    12  contact,  anal  sexual [conduct] contact, or aggravated sexual [conduct]
    13  contact as those terms are defined in section 130.00 of this part,  with
    14  the person patronized.
    15    §  65. The first undesignated paragraph of section 230.12 of the penal
    16  law, as added by chapter 368 of the laws of 2015, is amended to read  as
    17  follows:
    18    A  person is guilty of aggravated patronizing a minor for prostitution
    19  in the second degree when, being eighteen years old or more, he  or  she
    20  patronizes  a  person for prostitution and the person patronized is less
    21  than fifteen years old and the person guilty of patronizing  engages  in
    22  [sexual  intercourse]  vaginal  sexual  contact,  oral  sexual [conduct]
    23  contact, anal sexual [conduct] contact, or aggravated  sexual  [conduct]
    24  contact  as those terms are defined in section 130.00 of this part, with
    25  the person patronized.
    26    § 66. The first undesignated paragraph of section 230.13 of the  penal
    27  law, as added by chapter 368 of  the laws of 2015, is amended to read as
    28  follows:
    29    A  person is guilty of aggravated patronizing a minor for prostitution
    30  in the first degree when he or she patronizes a person for  prostitution
    31  and  the person patronized is less than eleven years old, or being eigh-
    32  teen years old or more, he or she patronizes a person  for  prostitution
    33  and  the  person  patronized  is  less  than thirteen years old, and the
    34  person guilty of patronizing engages  in  [sexual  intercourse]  vaginal
    35  sexual  contact,  oral  sexual  [conduct] contact, anal sexual [conduct]
    36  contact, or aggravated sexual  [conduct]  contact  as  those  terms  are
    37  defined in section 130.00 of this part, with the person patronized.
    38    §  67.  Subdivision 4 of section 200 of the domestic relations law, as
    39  amended by chapter 264 of the laws  of  2003,  is  amended  to  read  as
    40  follows:
    41    4. The commission of an act of adultery by the defendant; except where
    42  such  offense  is committed by the procurement or with the connivance of
    43  the plaintiff or where there is voluntary cohabitation  of  the  parties
    44  with  the  knowledge  of  the  offense or where action was not commenced
    45  within five years after the discovery by the plaintiff  of  the  offense
    46  charged  or  where  the plaintiff has also been guilty of adultery under
    47  such circumstances that the defendant would have been entitled, if inno-
    48  cent, to a divorce, provided that adultery  for  the  purposes  of  this
    49  subdivision  is  hereby  defined  as the commission of an act of [sexual
    50  intercourse] vaginal sexual contact, oral sexual  [conduct]  contact  or
    51  anal  sexual  [conduct] contact, voluntarily performed by the defendant,
    52  with a person other than the plaintiff after the marriage  of  plaintiff
    53  and  defendant.  Oral sexual [conduct] contact and anal sexual [conduct]
    54  contact include, but are not limited to, sexual conduct  as  defined  in
    55  subdivision  two  of  section  130.00  and  subdivision  [three] four of
    56  section 130.20 of the penal law.

        A. 794--C                          28
     1    § 68. This act shall take effect January 1, 2021 and  shall  apply  to
     2  any  offense on or after such effective date; provided, however, that if
     3  section 1-a of part JJJ of chapter 59 of the laws of 2019 shall not have
     4  taken effect on or before such date then section  twenty-six-a  of  this
     5  act  shall  take  effect on the same date and in the same manner as such
     6  chapter of the laws of 2019, takes  effect.    As  it  pertains  to  the
     7  repealed sections of law, nothing in this act shall affect a requirement
     8  to  register  pursuant  to article 6-C of the correction law; a lawfully
     9  required disclosure of a conviction; any restriction or prohibition  for
    10  certain  types  of  employment,  housing,  or government benefit; or any
    11  other ongoing matter related to a conviction of the sections repealed in
    12  this act.
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