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

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relates to the offenses of rape in the first, second and third degrees.

Spectrum: Moderate Partisan Bill (Democrat 31-6)

Status: (Engrossed - Dead) 2020-07-20 - REFERRED TO RULES [A00794 Detail]

Download: New_York-2019-A00794-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                           794
                               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 -- Multi-Spon-
          sored 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
        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     2  REPEALED.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.
    10    2. (a) "Oral sexual [conduct] contact" means conduct  between  persons
    11  consisting of contact between the mouth and the penis, the mouth and the
    12  anus, or the mouth and the vulva or vagina.
    13    (b)  "Anal  sexual  [conduct]  contact"  means conduct between persons
    14  consisting of contact between the penis and anus.
    15    § 3. Section 130.25 of the penal law, as amended by chapter 1  of  the
    16  laws of 2000, is amended to read as follows:
    17  § 130.25 Rape in the third degree.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01481-01-9

        A. 794                              2
     1    A person is guilty of rape in the third degree when:
     2    1.  He  or  she engages in [sexual intercourse] vaginal sexual contact
     3  with another person who is incapable of consent by reason of some factor
     4  other than being less than seventeen years old;
     5    2. He or she engages in oral sexual contact with another person who is
     6  incapable of consent by reason of some factor other than being less than
     7  seventeen years old;
     8    3. He or she engages in anal sexual contact with another person who is
     9  incapable of consent by reason of some other  factor  other  than  being
    10  less than seventeen years old;
    11    4.  Being  twenty-one  years old or more, he or she engages in [sexual
    12  intercourse] vaginal sexual contact with another person less than seven-
    13  teen years old; [or
    14    3.] 5.  Being twenty-one years old or more, he or she engages in  oral
    15  sexual contact with another person less than seventeen years old;
    16    6. Being twenty-one years old or more, he or she engages in anal sexu-
    17  al contact with another person less than seventeen years old;
    18    7.  He  or  she engages in [sexual intercourse] vaginal sexual contact
    19  with another person without such person's consent  where  such  lack  of
    20  consent is by reason of some factor other than incapacity to consent[.];
    21    8.  He or she engages in oral sexual contact with another person with-
    22  out such person's consent where such lack of consent  is  by  reason  of
    23  some factor other than incapacity to consent; or
    24    9.  He or she engages in anal sexual contact with another person with-
    25  out such person's consent where such lack of consent  is  by  reason  of
    26  some factor other than the incapacity to consent.
    27    Rape in the third degree is a class E felony.
    28    §  4.  Section 130.30 of the penal law, as amended by chapter 1 of the
    29  laws of 2000, is amended to read as follows:
    30  § 130.30 Rape in the second degree.
    31    A person is guilty of rape in the second degree when:
    32    1. being eighteen years old or more, he  or  she  engages  in  [sexual
    33  intercourse]  vaginal  sexual  contact  with  another  person  less than
    34  fifteen years old; [or]
    35    2. being eighteen years old or more, he or she engages in oral  sexual
    36  contact with another person less than fifteen years old;
    37    3.  being eighteen years old or more, he or she engages in anal sexual
    38  contact with another person less than fifteen years old;
    39    4. he or she engages in [sexual intercourse]  vaginal  sexual  contact
    40  with  another  person  who  is  incapable  of consent by reason of being
    41  mentally disabled or mentally incapacitated[.];
    42    5. he or she engages in oral sexual contact with another person who is
    43  incapable of consent by reason of being mentally  disabled  or  mentally
    44  incapacitated; or
    45    6. he or she engages in anal sexual contact with another person who is
    46  incapable  of  consent  by reason of being mentally disabled or mentally
    47  incapacitated.
    48    It shall be an affirmative defense to the crime of rape in the  second
    49  degree  as  defined  in [subdivision] subdivisions one, two and three of
    50  this section that the defendant was less than four years older than  the
    51  victim at the time of the act.
    52    Rape in the second degree is a class D felony.
    53    §  5.  Section 130.35 of the penal law, as amended by chapter 1 of the
    54  laws of 2000, is amended to read as follows:
    55  § 130.35 Rape in the first degree.
    56    A person is guilty of rape in the first degree when:

        A. 794                              3
     1    1. he or she engages in [sexual intercourse]  vaginal  sexual  contact
     2  with another person:
     3    [1.] (a) By forcible compulsion; or
     4    [2.]  (b)  Who  is  incapable of consent by reason of being physically
     5  helpless; or
     6    [3.] (c) Who is less than eleven years old; or
     7    [4.] (d) Who is less than thirteen years old and the actor is eighteen
     8  years old or more[.];
     9    2. he or she engages in oral sexual contact with another person:
    10    (a) By forcible compulsion; or
    11    (b) Who is incapable of consent by reason of  being  physically  help-
    12  less; or
    13    (c) Who is less than eleven years old; or
    14    (d)  Who  is  less  than  thirteen years old and the actor is eighteen
    15  years old or more; or
    16    3. he or she engages in anal sexual contact with another person:
    17    (a) by forcible compulsion; or
    18    (b) who is incapable of consent by reason of  being  physically  help-
    19  less; or
    20    (c) who is less than eleven years old; or
    21    (d)  who  is  less  than  thirteen years old and the actor is eighteen
    22  years old or more.
    23    Rape in the first degree is a class B felony.
    24    § 6. Paragraph 2 of subdivision 18 of section 10.00 of the penal  law,
    25  as  amended  by  chapter  7  of  the laws of 2007, is amended to read as
    26  follows:
    27    (2) a person fourteen or fifteen years old who is criminally responsi-
    28  ble for acts constituting the crimes defined in subdivisions one and two
    29  of section 125.25 (murder in the second degree) and in subdivision three
    30  of such section provided that the underlying crime for the murder charge
    31  is one for which such person is criminally responsible;  section  135.25
    32  (kidnapping  in  the  first degree); 150.20 (arson in the first degree);
    33  subdivisions one and  two  of  section  120.10  (assault  in  the  first
    34  degree);  125.20  (manslaughter  in the first degree); [subdivisions one
    35  and] paragraphs (a) and (b) of subdivision one, paragraphs (a)  and  (b)
    36  of  subdivision  two, and paragraphs (a) and (b) of subdivision three of
    37  section 130.35 (rape in the first degree); [subdivisions one and two  of
    38  section  130.50  (criminal  sexual  act  in  the  first degree);] 130.70
    39  (aggravated sexual abuse in the first degree); 140.30 (burglary  in  the
    40  first degree); subdivision one of section 140.25 (burglary in the second
    41  degree);  150.15  (arson  in  the second degree); 160.15 (robbery in the
    42  first degree); subdivision two of section 160.10 (robbery in the  second
    43  degree)  of  this chapter; or section 265.03 of this chapter, where such
    44  machine gun or such firearm is possessed  on  school  grounds,  as  that
    45  phrase  is  defined  in  subdivision  fourteen of section 220.00 of this
    46  chapter; or defined in this chapter as an attempt to  commit  murder  in
    47  the  second degree or kidnapping in the first degree, or such conduct as
    48  a sexually motivated felony, where authorized pursuant to section 130.91
    49  of [the penal law] this chapter.
    50    § 7. Subdivision 2 of section 30.00 of the penal law,  as  amended  by
    51  section  38 of part WWW of chapter 59 of the laws of 2017, is amended to
    52  read as follows:
    53    2. A person thirteen, fourteen or, fifteen years of age is  criminally
    54  responsible for acts constituting murder in the second degree as defined
    55  in  subdivisions  one and two of section 125.25 and in subdivision three
    56  of such section provided that the underlying crime for the murder charge

        A. 794                              4
     1  is one for which such person  is  criminally  responsible  or  for  such
     2  conduct  as  a  sexually  motivated felony, where authorized pursuant to
     3  section 130.91 of this chapter; and a person fourteen or, fifteen  years
     4  of  age  is  criminally  responsible  for  acts  constituting the crimes
     5  defined in section 135.25  (kidnapping  in  the  first  degree);  150.20
     6  (arson  in the first degree); subdivisions one and two of section 120.10
     7  (assault in  the  first  degree);  125.20  (manslaughter  in  the  first
     8  degree);  [subdivisions  one  and] paragraphs (a) and (b) of subdivision
     9  one, paragraphs (a) and (b) of subdivision two and  paragraphs  (a)  and
    10  (b)  of  subdivision three of section 130.35 (rape in the first degree);
    11  subdivisions one and two of section 130.50 (criminal sexual act  in  the
    12  first  degree);  130.70  (aggravated  sexual abuse in the first degree);
    13  140.30 (burglary in the first degree); subdivision one of section 140.25
    14  (burglary in the second degree); 150.15 (arson in  the  second  degree);
    15  160.15  (robbery in the first degree); subdivision two of section 160.10
    16  (robbery in the second degree) of this chapter;  or  section  265.03  of
    17  this  chapter,  where  such  machine gun or such firearm is possessed on
    18  school grounds, as that phrase is defined  in  subdivision  fourteen  of
    19  section 220.00 of this chapter; or defined in this chapter as an attempt
    20  to commit murder in the second degree or kidnapping in the first degree,
    21  or  for  such  conduct  as a sexually motivated felony, where authorized
    22  pursuant to section 130.91 of this chapter.
    23    § 8. Paragraph (b) of subdivision 2 of section 35.15 of the penal law,
    24  as amended by chapter 511 of the laws of 2004, is  amended  to  read  as
    25  follows:
    26    (b) He or she reasonably believes that such other person is committing
    27  or  attempting to commit a kidnapping, forcible rape, [forcible criminal
    28  sexual act] forcible aggravated sexual abuse, or robbery; or
    29    § 9. Paragraphs (a) and (c) of subdivision 1 of section 70.02  of  the
    30  penal  law, paragraph (a) as amended by chapter 189 of the laws 2018 and
    31  paragraph (c) as amended by chapter 368 of the laws of 2015, are amended
    32  to read as follows:
    33    (a) Class B violent felony offenses: an attempt to  commit  the  class
    34  A-I  felonies  of  murder  in  the  second  degree as defined in section
    35  125.25, kidnapping in the first degree as defined in section 135.25, and
    36  arson in the first degree as defined in section 150.20; manslaughter  in
    37  the  first  degree as defined in section 125.20, aggravated manslaughter
    38  in the first degree as defined in section  125.22,  rape  in  the  first
    39  degree  as  defined in section 130.35, [criminal sexual act in the first
    40  degree as defined in section 130.50,] aggravated  sexual  abuse  in  the
    41  first  degree  as  defined  in  section 130.70, course of sexual conduct
    42  against a child in the  first  degree  as  defined  in  section  130.75;
    43  assault  in the first degree as defined in section 120.10, kidnapping in
    44  the second degree as defined in section 135.20, burglary  in  the  first
    45  degree  as  defined  in  section  140.30,  arson in the second degree as
    46  defined in section 150.15, robbery in the first  degree  as  defined  in
    47  section  160.15, sex trafficking as defined in paragraphs (a) and (b) of
    48  subdivision five of section  230.34,  sex  trafficking  of  a  child  as
    49  defined  in  section  230.34-a, incest in the first degree as defined in
    50  section 255.27, criminal possession of a weapon in the first  degree  as
    51  defined in section 265.04, criminal use of a firearm in the first degree
    52  as  defined  in  section 265.09, criminal sale of a firearm in the first
    53  degree as defined in section 265.13, aggravated assault  upon  a  police
    54  officer or a peace officer as defined in section 120.11, gang assault in
    55  the  first degree as defined in section 120.07, intimidating a victim or
    56  witness in the first degree as  defined  in  section  215.17,  hindering

        A. 794                              5
     1  prosecution  of  terrorism  in  the  first  degree as defined in section
     2  490.35, criminal possession of a chemical weapon or biological weapon in
     3  the second degree as defined in section 490.40, and criminal  use  of  a
     4  chemical  weapon  or biological weapon in the third degree as defined in
     5  section 490.47.
     6    (c) Class D violent felony offenses: an attempt to commit any  of  the
     7  class C felonies set forth in paragraph (b); reckless assault of a child
     8  as defined in section 120.02, assault in the second degree as defined in
     9  section 120.05, menacing a police officer or peace officer as defined in
    10  section  120.18, stalking in the first degree, as defined in subdivision
    11  one of section 120.60, strangulation in the second degree as defined  in
    12  section  121.12, rape in the second degree as defined in section 130.30,
    13  [criminal sexual act in the second degree as defined in section 130.45,]
    14  sexual abuse in the first degree as defined in section 130.65, course of
    15  sexual conduct against a child  in  the  second  degree  as  defined  in
    16  section  130.80,  aggravated sexual abuse in the third degree as defined
    17  in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
    18  substance  as defined in section 130.90, labor trafficking as defined in
    19  paragraphs (a) and (b) of subdivision three of section 135.35,  criminal
    20  possession  of  a  weapon  in the third degree as defined in subdivision
    21  five, six, seven, eight, nine or ten of section 265.02, criminal sale of
    22  a firearm in the third degree as defined in section 265.11, intimidating
    23  a victim or witness in the second degree as defined in  section  215.16,
    24  soliciting  or  providing  support for an act of terrorism in the second
    25  degree as defined in section 490.10, and making a terroristic threat  as
    26  defined  in  section  490.20, falsely reporting an incident in the first
    27  degree as defined in section 240.60, placing a false bomb  or  hazardous
    28  substance  in  the  first degree as defined in section 240.62, placing a
    29  false bomb or hazardous substance in a sports  stadium  or  arena,  mass
    30  transportation  facility or enclosed shopping mall as defined in section
    31  240.63, and aggravated unpermitted use of  indoor  pyrotechnics  in  the
    32  first degree as defined in section 405.18.
    33    § 10. Paragraph b of subdivision 5 of section 120.40 of the penal law,
    34  as  amended  by  chapter  320 of the laws of 2006, is amended to read as
    35  follows:
    36    b. a  crime  defined  in  section  130.20,  130.25,  130.30,  [130.40,
    37  130.45,] 130.55, 130.60, 130.70, 255.25, 255.26 or 255.27;
    38    §  11. Paragraph (d) of subdivision 2 and paragraph (h) of subdivision
    39  3 of section 130.05 of the penal law, paragraph (d) of subdivision 2  as
    40  amended  by chapter 40 of the laws of 2004 and paragraph (h) of subdivi-
    41  sion 3 as amended by section 2 of part G of chapter 501 of the  laws  of
    42  2012, are amended to read as follows:
    43    (d)  Where  the offense charged is rape in the third degree as defined
    44  in [subdivision three] subdivisions seven, eight  and  nine  of  section
    45  130.25, [or criminal sexual act in the third degree as defined in subdi-
    46  vision  three  of  section  130.40,] in addition to forcible compulsion,
    47  circumstances under which, at the time of the act of  intercourse,  oral
    48  sexual conduct or anal sexual conduct, the victim clearly expressed that
    49  he or she did not consent to engage in such act, and a reasonable person
    50  in  the  actor's situation would have understood such person's words and
    51  acts as an expression of lack of consent  to  such  act  under  all  the
    52  circumstances.
    53    (h)  a  client  or  patient and the actor is a health care provider or
    54  mental health care provider charged with rape in  the  third  degree  as
    55  defined  in  section 130.25, [criminal sexual act in the third degree as
    56  defined in section 130.40,] aggravated sexual abuse in the fourth degree

        A. 794                              6
     1  as defined in section 130.65-a, or sexual abuse in the third  degree  as
     2  defined in section 130.55, and the act of sexual conduct occurs during a
     3  treatment session, consultation, interview, or examination; or
     4    §  12. The opening paragraph of subdivision 3 of section 125.25 of the
     5  penal law, as amended by chapter 264 of the laws of 2003, is amended  to
     6  read as follows:
     7    Acting  either  alone or with one or more other persons, he commits or
     8  attempts to commit robbery, burglary, kidnapping,  arson,  rape  in  the
     9  first degree, [criminal sexual act in the first degree,] sexual abuse in
    10  the  first  degree, aggravated sexual abuse, escape in the first degree,
    11  or escape in the second degree, and, in the course of and in furtherance
    12  of such crime or of immediate flight therefrom, he, or  another  partic-
    13  ipant,  if  there be any, causes the death of a person other than one of
    14  the participants; except that in any prosecution under this subdivision,
    15  in which the defendant was not the only participant  in  the  underlying
    16  crime, it is an affirmative defense that the defendant:
    17    §  13. Subdivision 5 of section 125.25 of the penal law, as amended by
    18  chapter 320 of the laws of 2006, is amended to read as follows:
    19    5. Being eighteen years old or more, while in the course of committing
    20  rape in the first, second or third degree, [criminal sexual act  in  the
    21  first, second or third degree,] sexual abuse in the first degree, aggra-
    22  vated  sexual  abuse  in  the  first, second, third or fourth degree, or
    23  incest in the first, second or third degree, against a person less  than
    24  fourteen  years  old,  he  or she intentionally causes the death of such
    25  person.
    26    § 14. Subparagraph (vii) of paragraph (a) of subdivision 1 of  section
    27  125.27  of the penal law, as amended by chapter 264 of the laws of 2003,
    28  is amended to read as follows:
    29    (vii) the victim was killed while the defendant was in the  course  of
    30  committing  or  attempting  to  commit  and  in  furtherance of robbery,
    31  burglary in the first degree or second degree, kidnapping in  the  first
    32  degree,  arson  in  the first degree or second degree, rape in the first
    33  degree, [criminal sexual act in the first degree,] sexual abuse  in  the
    34  first  degree,  aggravated sexual abuse in the first degree or escape in
    35  the first degree, or in the  course  of  and  furtherance  of  immediate
    36  flight after committing or attempting to commit any such crime or in the
    37  course of and furtherance of immediate flight after attempting to commit
    38  the  crime  of murder in the second degree; provided however, the victim
    39  is not a participant in one of the aforementioned crimes  and,  provided
    40  further  that,  unless  the  defendant's  criminal  liability under this
    41  subparagraph is based upon the defendant having commanded another person
    42  to cause the death of the victim or intended victim pursuant to  section
    43  20.00  of  this  chapter,  this  subparagraph  shall not apply where the
    44  defendant's criminal liability is based  upon  the  conduct  of  another
    45  pursuant to section 20.00 of this chapter; or
    46    §  15. Subdivision 3 of section 130.10 of the penal law, as amended by
    47  chapter 264 of the laws of 2003, is amended to read as follows:
    48    3. In any prosecution for the crime of rape in  the  third  degree  as
    49  defined  in  section 130.25, [criminal sexual act in the third degree as
    50  defined in section 130.40,] aggravated sexual abuse in the fourth degree
    51  as defined in section 130.65-a, or sexual abuse in the third  degree  as
    52  defined in section 130.55 in which incapacity to consent is based on the
    53  circumstances set forth in paragraph (h) of subdivision three of section
    54  130.05  of  this  article  it  shall  be an affirmative defense that the
    55  client or patient consented to such conduct charged  after  having  been

        A. 794                              7
     1  expressly advised by the health care or mental health care provider that
     2  such conduct was not performed for a valid medical purpose.
     3    § 16. The opening paragraph and subdivision 2 of section 130.95 of the
     4  penal  law,  as added by chapter 107 of the laws of 2006, are amended to
     5  read as follows:
     6    A person is guilty of predatory sexual assault when he or she  commits
     7  the crime of rape in the first degree, [criminal sexual act in the first
     8  degree,] aggravated sexual abuse in the first degree, or course of sexu-
     9  al conduct against a child in the first degree, as defined in this arti-
    10  cle, and when:
    11    2.  He or she has engaged in conduct constituting the crime of rape in
    12  the first degree, [criminal sexual act in the first degree,]  aggravated
    13  sexual  abuse in the first degree, or course of sexual conduct against a
    14  child in the first degree, as defined in this article,  against  one  or
    15  more additional persons; or
    16    §  17.  The  opening  paragraph of section 130.96 of the penal law, as
    17  added by chapter 107 of the laws of 2006, is amended to read as follows:
    18    A person is guilty of predatory sexual assault against a  child  when,
    19  being eighteen years old or more, he or she commits 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, and the victim is
    23  less than thirteen years old.
    24    §  18. Subdivision 2 of section 240.75 of the penal law, as amended by
    25  section 8 of part NN of chapter 55 of the laws of 2018,  is  amended  to
    26  read as follows:
    27    2.  A  "specified  offense"  is  an  offense defined in section 120.00
    28  (assault in the third degree); section 120.05  (assault  in  the  second
    29  degree);  section  120.10  (assault in the first degree); section 120.13
    30  (menacing in the first degree); section 120.14 (menacing in  the  second
    31  degree);  section  120.15 (menacing in the third degree); section 120.20
    32  (reckless endangerment in the second degree); section  120.25  (reckless
    33  endangerment  in  the  first  degree);  section  120.45 (stalking in the
    34  fourth degree); section 120.50 (stalking in the third  degree);  section
    35  120.55  (stalking in the second degree); section 120.60 (stalking in the
    36  first degree); section 121.11  (criminal  obstruction  of  breathing  or
    37  blood circulation); section 121.12 (strangulation in the second degree);
    38  section  121.13  (strangulation in the first degree); subdivision one of
    39  section 125.15 (manslaughter in the second degree); subdivision one, two
    40  or four of section 125.20 (manslaughter in the  first  degree);  section
    41  125.25  (murder  in  the  second degree); section 130.20 (sexual miscon-
    42  duct); section 130.25 (rape in the third degree); section  130.30  (rape
    43  in  the  second  degree);  section  130.35  (rape  in the first degree);
    44  section 130.40 (criminal sexual act in the third degree); section 130.45
    45  (criminal sexual act in the second  degree);  section  130.50  (criminal
    46  sexual  act  in  the  first degree); section 130.52 (forcible touching);
    47  section 130.53 (persistent sexual abuse); section 130.55  (sexual  abuse
    48  in  the  third  degree);  section  130.60  (sexual  abuse  in the second
    49  degree); section 130.65 (sexual abuse  in  the  first  degree);  section
    50  130.66  (aggravated  sexual  abuse  in the third degree); section 130.67
    51  (aggravated sexual abuse in the second degree); section  130.70  (aggra-
    52  vated  sexual abuse in the first degree); section 130.91 (sexually moti-
    53  vated felony); section 130.95 (predatory sexual assault); section 130.96
    54  (predatory sexual assault against a  child);  section  135.05  (unlawful
    55  imprisonment  in  the second degree); section 135.10 (unlawful imprison-
    56  ment in the  first  degree);  section  135.60  (coercion  in  the  third

        A. 794                              8
     1  degree);  section 135.61 (coercion in the second degree); section 135.65
     2  (coercion in the first degree); section 140.20 (burglary  in  the  third
     3  degree);  section 140.25 (burglary in the second degree); section 140.30
     4  (burglary in the first degree); section 145.00 (criminal mischief in the
     5  fourth  degree); section 145.05 (criminal mischief in the third degree);
     6  section 145.10 (criminal mischief in the second degree); section  145.12
     7  (criminal  mischief  in  the  first  degree);  section  145.14 (criminal
     8  tampering in the third degree); section 215.50 (criminal contempt in the
     9  second degree); section 215.51 (criminal contempt in the first  degree);
    10  section  215.52  (aggravated criminal contempt); section 240.25 (harass-
    11  ment in the first degree); subdivision  one,  two  or  four  of  section
    12  240.30  (aggravated  harassment in the second degree); aggravated family
    13  offense as defined in this section  or  any  attempt  or  conspiracy  to
    14  commit  any of the foregoing offenses where the defendant and the person
    15  against whom the offense was committed were members of the  same  family
    16  or  household  as  defined  in  subdivision one of section 530.11 of the
    17  criminal procedure law.
    18    § 19. Section 255.26 of the penal law, as added by chapter 320 of  the
    19  laws of 2006, is amended to read as follows:
    20  § 255.26 Incest in the second degree.
    21    A  person  is  guilty  of  incest  in the second degree when he or she
    22  commits the crime of rape in the second degree, as  defined  in  section
    23  130.30  of  this  part, [or criminal sexual act in the second degree, as
    24  defined in section 130.45 of this part,] against a person whom he or she
    25  knows to be related to him or her, whether through marriage or  not,  as
    26  an  ancestor,  descendant,  brother or sister of either the whole or the
    27  half blood, uncle, aunt, nephew or niece.
    28    Incest in the second degree is a class D felony.
    29    § 20. Section 255.27 of the penal law, as added by chapter 320 of  the
    30  laws of 2006, is amended to read as follows:
    31  § 255.27 Incest in the first degree.
    32    A  person  is  guilty  of  incest  in  the first degree when he or she
    33  commits the crime of rape in the first degree, as defined  in  paragraph
    34  (c)  or  (d) of subdivision [three or four] one, paragraph (c) or (d) of
    35  subdivision two and paragraph (c) or (d) of subdivision three of section
    36  130.35 of this part[, or criminal sexual act in  the  first  degree,  as
    37  defined  in  subdivision  three or four of section 130.50 of this part,]
    38  against a person whom he or she knows to  be  related  to  him  or  her,
    39  whether  through marriage or not, as an ancestor, descendant, brother or
    40  sister of either the whole or half blood, uncle, aunt, nephew or niece.
    41    Incest in the first degree is a class B felony.
    42    § 21. Subdivision 3 of section 485.05 of the penal law, as amended  by
    43  section  9  of  part NN of chapter 55 of the laws of 2018, is amended to
    44  read as follows:
    45    3. A "specified offense" is an offense defined by any of the following
    46  provisions of  this  chapter:  section  120.00  (assault  in  the  third
    47  degree);  section  120.05 (assault in the second degree); section 120.10
    48  (assault in the first degree); section 120.12 (aggravated assault upon a
    49  person less than eleven years old);  section  120.13  (menacing  in  the
    50  first  degree);  section 120.14 (menacing in the second degree); section
    51  120.15 (menacing in the third degree); section 120.20  (reckless  endan-
    52  germent  in the second degree); section 120.25 (reckless endangerment in
    53  the first degree); section 121.12 (strangulation in the second  degree);
    54  section  121.13  (strangulation in the first degree); subdivision one of
    55  section 125.15 (manslaughter in the second degree); subdivision one, two
    56  or four of section 125.20 (manslaughter in the  first  degree);  section

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

        A. 794                             10
     1  section 160.10 (robbery in the second  degree)  of  the  penal  law;  or
     2  section  265.03 of the penal law, where such machine gun or such firearm
     3  is possessed on school grounds, as that phrase is defined in subdivision
     4  fourteen of section 220.00 of the penal law; or defined in the penal law
     5  as an attempt to commit murder in the second degree or kidnapping in the
     6  first  degree,  or  such  conduct  as a sexually motivated felony, where
     7  authorized pursuant to section 130.91 of the penal law.
     8    § 23. Paragraphs (a) and (b) of subdivision 1, the  opening  paragraph
     9  of subdivision 2 and paragraph (a) of subdivision 3 of section 140.20 of
    10  the  criminal  procedure law, paragraphs (a) and (b) of subdivision 1 as
    11  amended by chapter 324 of the laws of 1988,  the  opening  paragraph  of
    12  subdivision  2  and paragraph (a) of subdivision 3 as amended by chapter
    13  550 of the laws of 1987, are amended to read as follows:
    14    (a) If the arrest is for an offense other than a class A, B,  C  or  D
    15  felony  or  a  violation  of  section  130.25, [130.40,] 205.10, 205.17,
    16  205.19 or 215.56 of the penal law committed in a  town,  but  not  in  a
    17  village  thereof having a village court, and the town court of such town
    18  is not available at the time, the arrested person may be brought  before
    19  the local criminal court of any village within such town or, any adjoin-
    20  ing  town,  village embraced in whole or in part by such adjoining town,
    21  or city of the same county; and
    22    (b) 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  village  having  a
    25  village  court and such court is not available at the time, the arrested
    26  person may be brought before the town court of the town  embracing  such
    27  village or any other village court within such town, or, if such town or
    28  village  court  is not available either, before the local criminal court
    29  of any adjoining town, village embraced in whole  or  in  part  by  such
    30  adjoining town, or city of the same county; and
    31    If the arrest is for an offense other than a class A, B, C or D felony
    32  or  a  violation  of section 130.25, [130.40,] 205.10, 205.17, 205.19 or
    33  215.56 of the penal law, the arrested person need not be brought  before
    34  a local criminal court as provided in subdivision one, and the procedure
    35  may instead be as follows:
    36    (a) the arrest is for an offense other than a class A, B, C or D felo-
    37  ny or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or
    38  215.56 of the penal law, and
    39    §  24.  Paragraph  (a)  of  subdivision 3 and the opening paragraph of
    40  subdivision 4 of section  140.27  of  the  criminal  procedure  law,  as
    41  amended  by  chapter  550  of  the  laws of 1987, are amended to read as
    42  follows:
    43    (a) the arrest is for an offense other than a class A, B, C or D felo-
    44  ny or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or
    45  215.56 of the penal law and
    46    If the arrest is for an offense other than a class A, B, C or D felony
    47  or a violation of section 130.25, [130.40,] 205.10,  205.17,  205.19  or
    48  215.56  of the penal law, the arrested person need not be brought before
    49  a local criminal court as provided in subdivision two, and the procedure
    50  may instead be as follows:
    51    § 25. Paragraph (a) of subdivision 2  and  the  opening  paragraph  of
    52  subdivision  3  of  section  140.40  of  the  criminal procedure law, as
    53  amended by chapter 550 of the laws of  1987,  are  amended  to  read  as
    54  follows:

        A. 794                             11
     1    (a) the arrest is for an offense other than a class A, B, C or D felo-
     2  ny or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or
     3  215.56 of the penal law and
     4    If the arrest is for an offense other than a class A, B, C or D felony
     5  or  a  violation  of section 130.25, [130.40,] 205.10, 205.17, 205.19 or
     6  215.56 of the penal law, the arrested person need not be brought  before
     7  a  local  criminal court, as provided in subdivision one, and the proce-
     8  dure may instead be as follows:
     9    § 26. Section 150.20 of the criminal procedure law, subdivisions 1,  2
    10  and  3 as amended by chapter 550 of the laws of 1987, is amended to read
    11  as follows:
    12  § 150.20 Appearance ticket; when and by whom issuable.
    13    1. Whenever a police officer is authorized pursuant to section  140.10
    14  to  arrest  a person without a warrant for an offense other than a class
    15  A, B, C or D felony or a violation of section 130.25, [130.40,]  205.10,
    16  205.17,  205.19  or  215.56  of  the  penal  law, he may, subject to the
    17  provisions of subdivisions three and four  of  section  150.40,  instead
    18  issue to and serve upon such person an appearance ticket.
    19    2.  (a)    Whenever  a  police officer has arrested a person without a
    20  warrant for an offense other than a class A, B,  C  or  D  felony  or  a
    21  violation  of section 130.25, [130.40,] 205.10, 205.17, 205.19 or 215.56
    22  of the penal law pursuant to section 140.10,   or (b) whenever  a  peace
    23  officer, who is not authorized by law to issue an appearance ticket, has
    24  arrested  a person for an offense other than a class A, B, C or D felony
    25  or a violation of section 130.25, [130.40,] 205.10,  205.17,  205.19  or
    26  215.56  of the penal law pursuant to section 140.25, and has requested a
    27  police officer to issue and serve upon such arrested person  an  appear-
    28  ance ticket pursuant to subdivision four of section 140.27, or (c) when-
    29  ever  a person has been arrested for an offense other than a class A, B,
    30  C or D felony or  a  violation  of  section  130.25,  [130.40,]  205.10,
    31  205.17,  205.19 or 215.56 of the penal law and has been delivered to the
    32  custody of an appropriate police officer  pursuant  to  section  140.40,
    33  such  police officer may, instead of bringing such person before a local
    34  criminal court and promptly filing or causing the arresting peace  offi-
    35  cer  or  arresting  person  to  file  a  local criminal court accusatory
    36  instrument therewith, issue to and serve upon such person an  appearance
    37  ticket.    The  issuance  and service of an appearance ticket under such
    38  circumstances may be conditioned upon a deposit of pre-arraignment bail,
    39  as provided in section 150.30.
    40    3. A public servant other than a  police  officer,  who  is  specially
    41  authorized  by state law or local law enacted pursuant to the provisions
    42  of the municipal home rule law to issue  and  serve  appearance  tickets
    43  with  respect to designated offenses other than class A, B, C or D felo-
    44  nies or violations of section 130.25, [130.40,] 205.10,  205.17,  205.19
    45  or  215.56  of  the  penal law, may in such cases issue and serve upon a
    46  person an appearance ticket when he has reasonable cause to believe that
    47  such person has committed a crime, or has committed a petty  offense  in
    48  his presence.
    49    § 27. Subdivision (a) of section 190.71 of the criminal procedure law,
    50  as  amended  by  chapter  7  of  the laws of 2007, is amended to read as
    51  follows:
    52    (a) Except as provided in subdivision six of section  200.20  of  this
    53  chapter,  a grand jury may not indict (i) a person thirteen years of age
    54  for any conduct or crime other than conduct constituting a crime defined
    55  in subdivisions one and two of section  125.25  (murder  in  the  second
    56  degree) or such conduct as a sexually motivated felony, where authorized

        A. 794                             12
     1  pursuant  to  section 130.91 of the penal law; (ii) a person fourteen or
     2  fifteen years of age for any conduct or crime other than conduct consti-
     3  tuting a crime defined in subdivisions one and  two  of  section  125.25
     4  (murder  in  the second degree) and in subdivision three of such section
     5  provided that the underlying crime for the  murder  charge  is  one  for
     6  which  such  person is criminally responsible; 135.25 (kidnapping in the
     7  first degree); 150.20 (arson in the first degree); subdivisions one  and
     8  two of section 120.10 (assault in the first degree); 125.20 (manslaught-
     9  er  in  the first degree); [subdivisions one and] paragraphs (a) and (b)
    10  of subdivision one, paragraphs (a) and (b) of subdivision two and  para-
    11  graphs  (a)  and (b) of subdivision three of section 130.35 (rape in the
    12  first degree); [subdivisions one and two  of  section  130.50  (criminal
    13  sexual act in the first degree);] 130.70 (aggravated sexual abuse in the
    14  first degree); 140.30 (burglary in the first degree); subdivision one of
    15  section  140.25  (burglary  in  the second degree); 150.15 (arson in the
    16  second degree); 160.15 (robbery in the first degree); subdivision two of
    17  section 160.10 (robbery in the second degree) of the penal law;  [subdi-
    18  vision  four  of  section 265.02 of the penal law, where such firearm is
    19  possessed on school grounds, as that phrase is  defined  in  subdivision
    20  fourteen  of  section 220.00 of the penal law;] or section 265.03 of the
    21  penal law, where such machine gun or such firearm is possessed on school
    22  grounds, as that phrase is defined in subdivision  fourteen  of  section
    23  220.00  of  the  penal law; or defined in the penal law as an attempt to
    24  commit murder in the second degree or kidnapping in the first degree, or
    25  such conduct as a sexually motivated felony, where  authorized  pursuant
    26  to section 130.91 of the penal law.
    27    §  28.  Subdivision 4 of section 722.20 of the criminal procedure law,
    28  as added by section 1-a of part WWW of chapter 59 of the laws  of  2017,
    29  is amended to read as follows:
    30    4.  Notwithstanding  the  provisions  of subdivisions two and three of
    31  this section, the court shall, at the request of the district  attorney,
    32  order  removal  of  an  action against a juvenile offender to the family
    33  court pursuant to the provisions of article seven hundred twenty-five of
    34  this title if, upon consideration of the criteria specified in  subdivi-
    35  sion  two of section 722.22 of this article, it is determined that to do
    36  so would be in the interests of  justice.  Where,  however,  the  felony
    37  complaint charges the juvenile offender with murder in the second degree
    38  as  defined in section 125.25 of the penal law, rape in the first degree
    39  as defined in paragraph (a) of subdivision one, paragraph (a) of  subdi-
    40  vision  two  and paragraph (a) of subdivision three of section 130.35 of
    41  the penal law, [criminal sexual act in the first degree  as  defined  in
    42  subdivision  one of section 130.50 of the penal law,] or an armed felony
    43  as defined in paragraph (a) of subdivision forty-one of section 1.20  of
    44  this  chapter, a determination that such action be removed to the family
    45  court shall, in addition, be based upon a finding of one or more of  the
    46  following  factors: (i) mitigating circumstances that bear directly upon
    47  the manner in which the crime was committed; or (ii) where the defendant
    48  was not the sole participant in the crime, the defendant's participation
    49  was relatively minor although not so minor as to constitute a defense to
    50  the prosecution; or (iii) possible deficiencies in proof of the crime.
    51    § 29. Subdivision 5 of section 722.21 of the criminal  procedure  law,
    52  as  added  by section 1-a of part WWW of chapter 59 of the laws of 2017,
    53  is amended to read as follows:
    54    5. Notwithstanding subdivisions two and three of this section, at  the
    55  request  of  the  district attorney, the court shall order removal of an
    56  action against an adolescent offender charged with an offense listed  in

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

        A. 794                             14

     1  degree  as  defined  in  subdivision  one of section 130.50 of the penal
     2  law,] or an armed felony as defined  in  paragraph  (a)  of  subdivision
     3  forty-one  of section 1.20 of this chapter specific factors, one or more
     4  of which reasonably supports the recommendation, showing, (i) mitigating
     5  circumstances  that bear directly upon the manner in which the crime was
     6  committed, or (ii) where the defendant was not the sole  participant  in
     7  the  crime,  that  the  defendant's  participation  was relatively minor
     8  although not so minor as to constitute a defense to the prosecution,  or
     9  (iii)  possible  deficiencies  in  proof of the crime, or (iv) where the
    10  juvenile offender has no previous adjudications of  having  committed  a
    11  designated  felony act, as defined in subdivision eight of section 301.2
    12  of the family court act, regardless of the age of the  offender  at  the
    13  time  of  commission of the act, that the criminal act was not part of a
    14  pattern of criminal behavior and, in view of the history of  the  offen-
    15  der, is not likely to be repeated.
    16    §  32.  Subdivision 6 of section 300.50 of the criminal procedure law,
    17  as amended by chapter 264 of the laws of 2003, is  amended  to  read  as
    18  follows:
    19    6.  For  purposes  of  this section, the offenses of rape in the third
    20  degree as defined in [subdivision three] subdivisions seven,  eight  and
    21  nine  of section 130.25 of the penal law [and criminal sexual act in the
    22  third degree as defined in subdivision three of section  130.40  of  the
    23  penal  law],  are  not  lesser  included  offenses  of rape in the first
    24  degree[, criminal sexual act in the first degree] or any other  offense.
    25  Notwithstanding the foregoing, either such offense may be submitted as a
    26  lesser  included offense of the applicable first degree offense when (i)
    27  there is a reasonable view of the evidence which would support a finding
    28  that the defendant committed such lesser offense but did not commit  the
    29  greater offense, and (ii) both parties consent to its submission.
    30    § 32-a. Subdivision 6 of section 380.50 of the criminal procedure law,
    31  as  separately  amended  by chapters 368 and 394 of the laws of 2015, is
    32  amended to read as follows:
    33    6. Regardless of whether the victim requests to make a statement  with
    34  regard to the defendant's sentence, where the defendant is sentenced for
    35  a violent felony offense as defined in section 70.02 of the penal law or
    36  a  felony  defined in article one hundred twenty-five of such law or any
    37  of the  following  provisions  of  such  law  sections  130.25,  130.30,
    38  [130.40,  130.45,]  255.25,  255.26,  255.27, article two hundred sixty-
    39  three, 135.10, 135.25, 230.05, 230.06, 230.11, 230.12, 230.13,  subdivi-
    40  sion two of section 230.30 or 230.32, the prosecutor shall, within sixty
    41  days  of  the  imposition  of  sentence, provide the victim with a form,
    42  prepared and distributed by the commissioner of the division of criminal
    43  justice services, in consultation with the director  of  the  office  of
    44  victim  services,  on  which  the  victim  may  indicate  a demand to be
    45  informed of any petition to change the  name  of  such  defendant.  Such
    46  forms  shall  be maintained by such prosecutor. Upon receipt of a notice
    47  of a petition to change the name of  any  such  defendant,  pursuant  to
    48  subdivision two of section sixty-two of the civil rights law, the prose-
    49  cutor  shall  promptly  notify the victim at the most current address or
    50  telephone number provided by such victim  in  the  most  reasonable  and
    51  expedient  possible  manner  of the time and place such petition will be
    52  presented to the court.
    53    § 33. Paragraph (b) of subdivision 8 of section 700.05 of the criminal
    54  procedure law, as amended by chapter 189 of the laws of 2018, is amended
    55  to read as follows:

        A. 794                             15
     1    (b) Any of the following felonies: assault in  the  second  degree  as
     2  defined  in section 120.05 of the penal law, assault in the first degree
     3  as defined in section 120.10 of the penal law, reckless endangerment  in
     4  the  first degree as defined in section 120.25 of the penal law, promot-
     5  ing  a  suicide  attempt  as defined in section 120.30 of the penal law,
     6  strangulation in the second degree as defined in section 121.12  of  the
     7  penal  law,  strangulation  in  the  first  degree as defined in section
     8  121.13 of the penal law, criminally negligent  homicide  as  defined  in
     9  section  125.10  of  the penal law, manslaughter in the second degree as
    10  defined in section 125.15 of the penal law, manslaughter  in  the  first
    11  degree  as  defined  in  section  125.20 of the penal law, murder in the
    12  second degree as defined in section 125.25 of the penal law,  murder  in
    13  the first degree as defined in section 125.27 of the penal law, abortion
    14  in  the  second  degree  as  defined in section 125.40 of the penal law,
    15  abortion in the first degree as defined in section 125.45 of  the  penal
    16  law,  rape in the third degree as defined in section 130.25 of the penal
    17  law, rape in the second degree as defined in section 130.30 of the penal
    18  law, rape in the first degree as defined in section 130.35 of the  penal
    19  law,  [criminal  sexual  act  in  the third degree as defined in section
    20  130.40 of the penal law, criminal sexual act in  the  second  degree  as
    21  defined  in  section 130.45 of the penal law, criminal sexual act in the
    22  first degree as defined in section 130.50  of  the  penal  law,]  sexual
    23  abuse in the first degree as defined in section 130.65 of the penal law,
    24  unlawful  imprisonment  in the first degree as defined in section 135.10
    25  of the penal law, kidnapping in the second degree as defined in  section
    26  135.20  of  the  penal law, kidnapping in the first degree as defined in
    27  section 135.25 of the penal law, labor trafficking as defined in section
    28  135.35 of the penal law, aggravated  labor  trafficking  as  defined  in
    29  section  135.37  of  the  penal law, custodial interference in the first
    30  degree as defined in section 135.50 of the penal law,  coercion  in  the
    31  first  degree  as  defined  in section 135.65 of the penal law, criminal
    32  trespass in the first degree as defined in section 140.17 of  the  penal
    33  law,  burglary  in  the third degree as defined in section 140.20 of the
    34  penal law, burglary in the second degree as defined in section 140.25 of
    35  the penal law, burglary in the first degree as defined in section 140.30
    36  of the penal law, criminal mischief in the third degree  as  defined  in
    37  section  145.05 of the penal law, criminal mischief in the second degree
    38  as defined in section 145.10 of the penal law, criminal mischief in  the
    39  first  degree  as  defined  in section 145.12 of the penal law, criminal
    40  tampering in the first degree as defined in section 145.20 of the  penal
    41  law,  arson  in  the  fourth  degree as defined in section 150.05 of the
    42  penal law, arson in the third degree as defined in section 150.10 of the
    43  penal law, arson in the second degree as defined in  section  150.15  of
    44  the penal law, arson in the first degree as defined in section 150.20 of
    45  the  penal law, grand larceny in the fourth degree as defined in section
    46  155.30 of the penal law, grand larceny in the third degree as defined in
    47  section 155.35 of the penal law, grand larceny in the second  degree  as
    48  defined  in  section 155.40 of the penal law, grand larceny in the first
    49  degree as defined in section 155.42 of the penal law, health care  fraud
    50  in  the  fourth  degree  as  defined in section 177.10 of the penal law,
    51  health care fraud in the third degree as defined in  section  177.15  of
    52  the  penal  law,  health  care  fraud in the second degree as defined in
    53  section 177.20 of the penal law, health care fraud in the  first  degree
    54  as  defined  in  section  177.25  of the penal law, robbery in the third
    55  degree as defined in section 160.05 of the penal  law,  robbery  in  the
    56  second  degree as defined in section 160.10 of the penal law, robbery in

        A. 794                             16
     1  the first degree as defined in section 160.15 of the penal law, unlawful
     2  use of secret scientific material as defined in section  165.07  of  the
     3  penal  law,  criminal possession of stolen property in the fourth degree
     4  as  defined  in  section 165.45 of the penal law, criminal possession of
     5  stolen property in the third degree as defined in section 165.50 of  the
     6  penal  law,  criminal possession of stolen property in the second degree
     7  as defined by section 165.52 of the penal law,  criminal  possession  of
     8  stolen  property in the first degree as defined by section 165.54 of the
     9  penal law, trademark counterfeiting in the second degree as  defined  in
    10  section  165.72  of the penal law, trademark counterfeiting in the first
    11  degree as defined in section 165.73 of the penal  law,  forgery  in  the
    12  second  degree as defined in section 170.10 of the penal law, forgery in
    13  the first degree as defined in section 170.15 of the penal law, criminal
    14  possession of a forged instrument in the second  degree  as  defined  in
    15  section 170.25 of the penal law, criminal possession of a forged instru-
    16  ment  in the first degree as defined in section 170.30 of the penal law,
    17  criminal possession of forgery devices as defined in section  170.40  of
    18  the  penal  law,  falsifying  business  records  in  the first degree as
    19  defined in section 175.10  of  the  penal  law,  tampering  with  public
    20  records  in  the  first degree as defined in section 175.25 of the penal
    21  law, offering a false instrument for  filing  in  the  first  degree  as
    22  defined  in section 175.35 of the penal law, issuing a false certificate
    23  as defined in section 175.40 of the penal  law,  criminal  diversion  of
    24  prescription  medications  and  prescriptions  in  the  second degree as
    25  defined in section 178.20  of  the  penal  law,  criminal  diversion  of
    26  prescription  medications  and  prescriptions  in  the  first  degree as
    27  defined in section 178.25 of the penal law, residential  mortgage  fraud
    28  in  the  fourth  degree  as  defined in section 187.10 of the penal law,
    29  residential mortgage fraud in the third degree  as  defined  in  section
    30  187.15 of the penal law, residential mortgage fraud in the second degree
    31  as  defined  in  section  187.20  of the penal law, residential mortgage
    32  fraud in the first degree as defined in section 187.25 of the penal law,
    33  escape in the second degree as defined in section 205.10  of  the  penal
    34  law,  escape  in  the  first  degree as defined in section 205.15 of the
    35  penal law, absconding from temporary release  in  the  first  degree  as
    36  defined  in section 205.17 of the penal law, promoting prison contraband
    37  in the first degree as defined in  section  205.25  of  the  penal  law,
    38  hindering  prosecution in the second degree as defined in section 205.60
    39  of the penal law, hindering prosecution in the first degree  as  defined
    40  in  section  205.65  of  the  penal  law,  sex trafficking as defined in
    41  section 230.34 of the penal law, sex trafficking of a child  as  defined
    42  in section 230.34-a of the penal law, criminal possession of a weapon in
    43  the  third  degree  as  defined  in  subdivisions two, three and five of
    44  section 265.02 of the penal law, criminal possession of a weapon in  the
    45  second  degree  as  defined in section 265.03 of the penal law, criminal
    46  possession of a weapon in the first degree as defined in section  265.04
    47  of  the penal law, manufacture, transport, disposition and defacement of
    48  weapons and dangerous instruments and appliances defined as felonies  in
    49  subdivisions  one,  two,  and  three of section 265.10 of the penal law,
    50  sections 265.11, 265.12 and 265.13 of the penal law, or  prohibited  use
    51  of  weapons as defined in subdivision two of section 265.35 of the penal
    52  law, relating to firearms and other dangerous  weapons,  or  failure  to
    53  disclose  the  origin  of  a recording in the first degree as defined in
    54  section 275.40 of the penal law;

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

        A. 794                             18
     1  corroboration requirements contained in the penal law shall not apply to
     2  proceedings under this section; or
     3    (i)  the child has been found to be an abused child, (A) as defined in
     4  paragraph (i) of subdivision (e) of section ten hundred  twelve  of  the
     5  family  court  act, as a result of such parent's acts; or (B) as defined
     6  in paragraph (iii) of subdivision (e) of section ten hundred  twelve  of
     7  the  family  court  act,  as  a  result of such parent's acts; provided,
     8  however, the respondent must have committed or knowingly allowed  to  be
     9  committed  a  felony  sex offense as defined in sections 130.25, 130.30,
    10  130.35,  [130.40,  130.45,  130.50,]  130.65,  130.67,  130.70,  130.75,
    11  130.80, 130.95 and 130.96 of the penal law; and
    12    (ii)  (A)  the child or another child for whose care such parent is or
    13  has been legally responsible has been previously found, within the  five
    14  years  immediately  preceding  the initiation of the proceeding in which
    15  such abuse is found, to be an abused child, as defined in paragraph  (i)
    16  or  (iii) of subdivision (e) of section ten hundred twelve of the family
    17  court act, as a result of such parent's acts; provided, however, in  the
    18  case  of a finding of abuse as defined in paragraph (iii) of subdivision
    19  (e) of section ten hundred twelve of the family court act the respondent
    20  must have committed or knowingly allowed to be committed  a  felony  sex
    21  offense  as defined in sections 130.25, 130.30, 130.35, [130.40, 130.45,
    22  130.50,] 130.65, 130.67, 130.70, 130.75 and 130.80 of the penal law,  or
    23  (B)  the  parent  has  been  convicted  of a crime under section 130.25,
    24  130.30, 130.35, [130.40, 130.45, 130.50,] 130.65, 130.67, 130.70, 130.75
    25  or 130.80 of the penal law against the child, a sibling of the child  or
    26  another  child for whose care such parent is or has been legally respon-
    27  sible, within the five year period immediately preceding the  initiation
    28  of the proceeding in which abuse is found; and
    29    (e) A determination by the court in accordance with article ten of the
    30  family  court  act based upon clear and convincing evidence that a child
    31  was abused (A) as defined in paragraph (i) of subdivision (e) of section
    32  ten hundred twelve of the family court act, as a result of such parent's
    33  acts; or (B) as defined in paragraph (iii) of subdivision (e) of section
    34  ten hundred twelve of the family court act, as a result of such parent's
    35  acts; provided, however, the respondent must have committed or knowingly
    36  allowed to be committed a felony sex  offense  as  defined  in  sections
    37  130.25,  130.30,  130.35,  [130.40,  130.45,  130.50,]  130.65,  130.67,
    38  130.70, 130.75 and 130.80 of the penal  law  shall  establish  that  the
    39  child was an abused child for the purpose of a determination as required
    40  by subparagraph (i) or (ii) of paragraph (b) of this subdivision. Such a
    41  determination  by the court in accordance with article ten of the family
    42  court act based upon a fair preponderance of evidence shall be  admissi-
    43  ble in any proceeding commenced in accordance with this section.
    44    § 37. Paragraphs (a) and (b) of subdivision 4 of section 509-cc of the
    45  vehicle  and traffic law, paragraph (a) as amended by chapter 189 of the
    46  laws of 2018 and paragraph (b) as amended by chapter 400 of the laws  of
    47  2011, are amended to read as follows:
    48    (a)  The offenses referred to in subparagraph (ii) of paragraph (a) of
    49  subdivision one and paragraph (a) of subdivision  two  of  this  section
    50  that  result  in  permanent  disqualification shall include a conviction
    51  under sections 125.12, 125.13, 125.14, 125.15, 125.20,  125.21,  125.22,
    52  125.25,  125.26,  125.27,  130.30,  130.35,  [130.45,  130.50,]  130.65,
    53  130.66, 130.67, 130.70, 130.75, 130.80, 130.90, 130.95, 130.96,  135.25,
    54  150.20,  230.30,  230.32,  230.34,  230.34-a,  235.22,  263.05,  263.10,
    55  263.11, 263.15, 263.16 of the penal law or an attempt to commit  any  of
    56  the  aforesaid  offenses  under  section 110.00 of the penal law, or any

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

        A. 794                             20
     1  but less than sixteen years of age, but only where there  has  been  two
     2  prior  findings  by the court that such person has committed a prior act
     3  which, if committed by an adult would be a felony:
     4    (i) There is hereby established in the family court in the city of New
     5  York at least one "designated felony act part." Such part or parts shall
     6  be held separate from all other proceedings of the court, and shall have
     7  jurisdiction over all proceedings involving such an allegation. All such
     8  proceedings  shall  be originated in or be transferred to this part from
     9  other parts as they are made known to the court.
    10    (ii) Outside the city of New York, all proceedings involving  such  an
    11  allegation  shall  have a hearing preference over every other proceeding
    12  in the court, except proceedings under article ten.
    13    § 39. Paragraph (ii) of subdivision 8 of section 301.2 of  the  family
    14  court  act,  as  amended  by section 57 of part WWW of chapter 59 of the
    15  laws of 2017, is amended to read as follows:
    16    (ii) defined in sections 120.10 (assault in the first degree);  125.20
    17  (manslaughter  in  the first degree); 130.35 (rape in the first degree);
    18  [130.50 (criminal sexual act in the first degree);]  130.70  (aggravated
    19  sexual  abuse  in  the  first  degree); 135.20 (kidnapping in the second
    20  degree) but only where the abduction involved the use or threat  of  use
    21  of  deadly physical force; 150.15 (arson in the second degree) or 160.15
    22  (robbery in the first degree) of the penal law  committed  by  a  person
    23  thirteen,  fourteen,  fifteen, or sixteen, or, commencing October first,
    24  two thousand nineteen, seventeen years of age; or such conduct committed
    25  as a sexually motivated felony, where  authorized  pursuant  to  section
    26  130.91 of the penal law;
    27    §  40.  Subdivision  4  of  section  308.1 of the family court act, as
    28  amended by chapter 264 of the laws  of  2003,  is  amended  to  read  as
    29  follows:
    30    4.  The  probation  service shall not adjust a case in which the child
    31  has allegedly committed a delinquent act which would be a crime  defined
    32  in  section 120.25, (reckless endangerment in the first degree), [subdi-
    33  vision one of section  125.15,  (manslaughter  in  the  second  degree),
    34  subdivision] subdivisions one, two and three of section 130.25, (rape in
    35  the  third degree), [subdivision one of section 130.40, (criminal sexual
    36  act in the third degree),] subdivision one or  two  of  section  130.65,
    37  (sexual  abuse  in  the  first degree), section 135.65, (coercion in the
    38  first degree), section 140.20, (burglary in the third  degree),  section
    39  150.10,  (arson  in  the  third degree), section 160.05, (robbery in the
    40  third degree), subdivision two, three or four of section 265.02, (crimi-
    41  nal possession of a weapon in the third degree), section 265.03, (crimi-
    42  nal possession of a weapon in the second  degree),  or  section  265.04,
    43  (criminal  possession  of a dangerous weapon in the first degree) of the
    44  penal law where the child has previously had one or more adjustments  of
    45  a  case  in which such child allegedly committed an act which would be a
    46  crime specified in this  subdivision  unless  it  has  received  written
    47  approval from the court and the appropriate presentment agency.
    48    §  41.  Subdivision  (c)  of  section 1052 of the family court act, as
    49  added by chapter 739 of the laws of 1981, is amended to read as follows:
    50    (c) Prior to granting an order of disposition pursuant to  subdivision
    51  (a) of this section following an adjudication of child abuse, as defined
    52  in  paragraph  (i)  of  subdivision (e) of section ten hundred twelve of
    53  this act or a finding of a felony sex offense  as  defined  in  sections
    54  130.25,  130.30,  130.35, [130.40, 130.45, 130.50,] 130.65 and 130.70 of
    55  the penal law, the court shall advise the respondent that any subsequent
    56  adjudication of child abuse, as defined in paragraph (i) of  subdivision

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

        A. 794                             22
     1  130.30, [130.40, 130.45,] 255.25, 255.26, 255.27,  article  two  hundred
     2  sixty-three,  135.10, 135.25, 230.05, 230.06, subdivision two of section
     3  230.30 or 230.32, such clerk (1) shall deliver, by first class  mail,  a
     4  copy  of  such  certified  order  to  the  division  of criminal justice
     5  services at its office in the county of Albany and (2) upon the clerk of
     6  the court reviewing the petitioner's application  for  name  change  and
     7  subsequent in-court inquiry, may, in the clerk's discretion, deliver, by
     8  first class mail, the petitioner's new name with such certified order to
     9  the court of competent jurisdiction which imposed the orders of support.
    10  Such  certification shall appear on the original order and on any certi-
    11  fied copy thereof and shall be entered in the  clerk's  minutes  of  the
    12  proceeding.
    13    §  45.  Section 213-c of the civil practice law and rules, as added by
    14  chapter 3 of the laws of 2006, is amended to read as follows:
    15    § 213-c. Action by  victim  of  conduct  constituting  certain  sexual
    16  offenses.  Notwithstanding  any other limitation set forth in this arti-
    17  cle, a civil claim or cause of action to recover  from  a  defendant  as
    18  hereinafter  defined,  for  physical,  psychological  or other injury or
    19  condition suffered by a person as a result of acts by such defendant  of
    20  rape  in the first degree as defined in section 130.35 of the penal law,
    21  [or criminal sexual act in the first degree as defined in section 130.50
    22  of the penal law,] or aggravated sexual abuse in  the  first  degree  as
    23  defined  in section 130.70 of the penal law, or course of sexual conduct
    24  against a child in the first degree as defined in section 130.75 of  the
    25  penal law may be brought within five years. As used in this section, the
    26  term "defendant" shall mean only a person who commits the acts described
    27  in  this section or who, in a criminal proceeding, could be charged with
    28  criminal liability for the commission of such acts pursuant  to  section
    29  20.00 of the penal law and shall not apply to any related civil claim or
    30  cause of action arising from such acts. Nothing in this section shall be
    31  construed  to  require  that  a criminal charge be brought or a criminal
    32  conviction be obtained as a condition  of  bringing  a  civil  cause  of
    33  action  or  receiving  a  civil  judgment pursuant to this section or be
    34  construed to require that any of the rules governing a criminal proceed-
    35  ing be applicable to any such civil action.
    36    § 46. Paragraph (b) of subdivision 8 of section 215 of the civil prac-
    37  tice law and rules, as added by chapter  3  of  the  laws  of  2006,  is
    38  amended to read as follows:
    39    (b)  Whenever  it  is  shown  that  a criminal action against the same
    40  defendant has been commenced with respect to  the  event  or  occurrence
    41  from  which  a  claim governed by this section arises, and such criminal
    42  action is for rape in the first degree as defined in section  130.35  of
    43  the penal law, [or criminal sexual act in the first degree as defined in
    44  section  130.50  of  the  penal  law,] or aggravated sexual abuse in the
    45  first degree as defined in section 130.70 of the penal law, or course of
    46  sexual conduct against a child in the first degree as defined in section
    47  130.75 of the penal law, the plaintiff shall have at  least  five  years
    48  from  the  termination of the criminal action as defined in section 1.20
    49  of the criminal procedure law in which to  commence  the  civil  action,
    50  notwithstanding  that  the  time  in  which  to commence such action has
    51  already expired or has less than a year remaining.
    52    § 47. Subdivision 11 of section 123 of  the  agriculture  and  markets
    53  law,  as amended by chapter 392 of the laws of 2004, and such section as
    54  renumbered by section 18 of part T of chapter 59 of the laws of 2010, is
    55  amended to read as follows:

        A. 794                             23
     1    11. The owner shall not be liable pursuant to subdivision six,  seven,
     2  eight,  nine  or ten of this section if the dog was coming to the aid or
     3  defense of a person during the commission or attempted commission  of  a
     4  murder, robbery, burglary, arson, rape in the first degree as defined in
     5  paragraph  (a)  or  (b) of subdivision one [or], paragraph (a) or (b) of
     6  subdivision two or paragraph (a) or (b) of subdivision three of  section
     7  130.35  of  the  penal  law[, criminal sexual act in the first degree as
     8  defined in subdivision one or two of section 130.50 of the penal law] or
     9  kidnapping within the dwelling or upon the real property of the owner of
    10  the dog and the dog injured or killed the person committing such  crimi-
    11  nal activity.
    12    § 48. Section 4 of the judiciary law, as amended by chapter 264 of the
    13  laws of 2003, is amended to read as follows:
    14    §  4.  Sittings  of  courts  to be public. The sittings of every court
    15  within this state shall be public, and every citizen may  freely  attend
    16  the  same,  except  that  in  all  proceedings  and  trials in cases for
    17  divorce, seduction, abortion, rape, assault with intent to commit  rape,
    18  [criminal  sexual  act,]  bastardy  or  filiation, the court may, in its
    19  discretion, exclude therefrom all persons who are  not  directly  inter-
    20  ested therein, excepting jurors, witnesses, and officers of the court.
    21    §  49. Subdivision 2 of section 120.60 of the penal law, as amended by
    22  chapter 434 of the laws of 2000, is amended to read as follows:
    23    2. commits a class A misdemeanor defined in article one hundred thirty
    24  of this chapter, or a class E felony defined in section 130.25, [130.40]
    25  or 130.85 of this chapter, or a class D felony defined in section 130.30
    26  [or 130.45] of this chapter.
    27    § 50. Subdivision 1 of section 210.16 of the criminal  procedure  law,
    28  as  added  by  chapter  571  of  the laws of 2007, is amended to read as
    29  follows:
    30    1. (a) In a case where an indictment or a superior  court  information
    31  has  been filed with a superior court which charges the defendant with a
    32  felony offense enumerated in any section of article one  hundred  thirty
    33  of  the  penal  law where an act of "[sexual intercourse] vaginal sexual
    34  contact", "oral sexual [conduct]  contact"  or  "anal  sexual  [conduct]
    35  contact," as those terms are defined in section 130.00 of the penal law,
    36  is  required  as  an  essential  element for the commission thereof, the
    37  court shall, upon a request of the victim within six months of the  date
    38  of  the crimes charged, order that the defendant submit to human immuno-
    39  deficiency virus (HIV) related testing. Testing of a defendant shall  be
    40  ordered when the result would provide medical benefit to the victim or a
    41  psychological benefit to the victim. Medical benefit shall be found when
    42  the  following  elements  are satisfied: (i) a decision is pending about
    43  beginning, continuing, or discontinuing a medical intervention  for  the
    44  victim;  and  (ii) the result of an HIV test of the accused could affect
    45  that decision, and could provide relevant information beyond that  which
    46  would be provided by an HIV test of the victim. If testing the defendant
    47  would  provide  medical benefit to the victim or a psychological benefit
    48  to the victim, then the testing is to be conducted by a  state,  county,
    49  or  local  public  health officer designated by the order. Test results,
    50  which shall not be disclosed to the court, shall be communicated to  the
    51  defendant  and  the  victim  named  in  the order in accordance with the
    52  provisions of section twenty-seven hundred eighty-five-a of  the  public
    53  health law.
    54    (b)  For  the purposes of this section, the terms "victim" and "appli-
    55  cant" mean the person with whom the defendant is charged to have engaged
    56  in an act of "[sexual intercourse] vaginal sexual contact", "oral sexual

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

        A. 794                             25
     1  tuting one or more of the offenses specified in paragraph  (a)  of  this
     2  subdivision.
     3    §  53.  Subdivision (a) of section 130.16 of the penal law, as amended
     4  by chapter 264 of the laws of 2003, is amended to read as follows:
     5    (a) Establish that an attempt was made to engage the victim in [sexual
     6  intercourse] vaginal sexual contact, oral sexual [conduct] contact, anal
     7  sexual [conduct] contact, or sexual contact, as the case may be, at  the
     8  time of the occurrence; and
     9    §  54. Subdivisions 1 and 2 of section 130.20 of the penal law, subdi-
    10  vision 1 as amended by chapter 1 of the laws of 2000, subdivision  2  as
    11  amended  by  chapter  264  of  the  laws of 2003, are amended to read as
    12  follows:
    13    1. He or she engages in [sexual intercourse]  vaginal  sexual  contact
    14  with another person without such person's consent; or
    15    2.  He  or she engages in oral sexual [conduct] contact or anal sexual
    16  [conduct] contact with another person without such person's consent; or
    17    § 55. Paragraphs (a) and (b) of subdivision 1 of section 130.75 of the
    18  penal law, as amended by chapter 264 of the laws of 2003, are amended to
    19  read as follows:
    20    (a) he or she engages in two or more acts  of  sexual  conduct,  which
    21  includes  at  least  one  act  of  [sexual  intercourse]  vaginal sexual
    22  contact, oral sexual [conduct] contact, anal sexual [conduct] contact or
    23  aggravated sexual contact, with a child less than eleven years old; or
    24    (b) he or she, being eighteen years old or more,  engages  in  two  or
    25  more  acts  of sexual conduct, which include at least one act of [sexual
    26  intercourse] vaginal sexual contact, oral sexual [conduct] contact, anal
    27  sexual [conduct] contact or aggravated sexual contact, with a child less
    28  than thirteen years old.
    29    § 56. Subdivision 1 of section 235.00 of the penal law, as amended  by
    30  chapter 264 of the laws of 2003, is amended to read as follows:
    31    1.  "Obscene."  Any  material  or  performance is "obscene" if (a) the
    32  average person, applying contemporary community  standards,  would  find
    33  that  considered  as  a whole, its predominant appeal is to the prurient
    34  interest in sex, and (b) it depicts or describes in a patently offensive
    35  manner,  actual  or  simulated:  [sexual  intercourse]  vaginal   sexual
    36  contact, [criminal sexual act] oral sexual contact, anal sexual contact,
    37  sexual  bestiality,  masturbation,  sadism, masochism, excretion or lewd
    38  exhibition of the genitals, and (c) considered  as  a  whole,  it  lacks
    39  serious literary, artistic, political, and scientific value. Predominant
    40  appeal  shall  be  judged  with  reference  to ordinary adults unless it
    41  appears from the character of the material or the circumstances  of  its
    42  dissemination to be designed for children or other [specially] especial-
    43  ly susceptible audience.
    44    §  57. Subdivision 2 of section 235.22 of the penal law, as amended by
    45  chapter 264 of the laws of 2003, is amended to read as follows:
    46    2. by means of such communication he importunes, invites or induces  a
    47  minor  to  engage  in  [sexual intercourse] vaginal sexual contact, oral
    48  sexual [conduct] contact or anal sexual  [conduct]  contact,  or  sexual
    49  contact  with  him, or to engage in a sexual performance, obscene sexual
    50  performance, or sexual conduct for his benefit.
    51    § 58. Section 255.25 of the penal law, as amended by  chapter  320  of
    52  the laws of 2006, is amended to read as follows:
    53  § 255.25 Incest in the third degree.
    54    A  person  is  guilty  of  incest  in  the third degree when he or she
    55  marries or engages in [sexual intercourse] vaginal sexual contact,  oral
    56  sexual  [conduct] contact or anal sexual [conduct] contact with a person

        A. 794                             26
     1  whom he or she knows to be  related  to  him  or  her,  whether  through
     2  marriage or not, as an ancestor, descendant, brother or sister of either
     3  the whole or the half blood, uncle, aunt, nephew or niece.
     4    Incest in the third degree is a class E felony.
     5    §  59. Subdivision 3 of section 263.00 of the penal law, as amended by
     6  chapter 264 of the laws of 2003, is amended to read as follows:
     7    3. "Sexual conduct" means actual  or  simulated  [sexual  intercourse]
     8  vaginal  sexual  contact,  oral  sexual  [conduct]  contact, anal sexual
     9  [conduct]contact,  sexual  bestiality,  masturbation,   sado-masochistic
    10  abuse, or lewd exhibition of the genitals.
    11    § 60. Subdivision 3 of section 60.42 of the criminal procedure law, as
    12  amended  by  chapter  264  of  the  laws  of 2003, is amended to read as
    13  follows:
    14    3. rebuts evidence introduced by the people of the victim's failure to
    15  engage in [sexual  intercourse]  vaginal  sexual  contact,  oral  sexual
    16  [conduct]  contact,  anal  sexual  [conduct]  contact  or sexual contact
    17  during a given period of time; or
    18    § 61. Subdivision 3 of section 344.4  of  the  family  court  act,  as
    19  amended  by  chapter  264  of  the  laws  of 2003, is amended to read as
    20  follows:
    21    3. rebuts  evidence  introduced  by  the  presentment  agency  of  the
    22  victim's  failure  to  engage  in  [sexual  intercourse]  vaginal sexual
    23  contact, oral sexual [conduct] contact, anal sexual [conduct] contact or
    24  sexual contact during a given period of time; or
    25    § 62. Subdivision 4 of section 170 of the domestic relations  law,  as
    26  amended  by  chapter  264  of  the  laws  of 2003, is amended to read as
    27  follows:
    28    (4) The commission of an act of adultery, provided that  adultery  for
    29  the  purposes  of articles ten, eleven, and eleven-A of this chapter, is
    30  hereby defined as the commission of an act of [sexual intercourse] vagi-
    31  nal sexual  contact,  oral  sexual  [conduct]  contact  or  anal  sexual
    32  [conduct] contact, voluntarily performed by the defendant, with a person
    33  other  than the plaintiff after the marriage of plaintiff and defendant.
    34  Oral sexual [conduct] contact and anal sexual [conduct] contact include,
    35  but are not limited to, sexual conduct as defined in subdivision two  of
    36  section 130.00 and subdivision three of section 130.20 of the penal law.
    37    §  63.  Subdivision 4 of section 200 of the domestic relations law, as
    38  amended by chapter 264 of the laws  of  2003,  is  amended  to  read  as
    39  follows:
    40    4. The commission of an act of adultery by the defendant; except where
    41  such  offense  is committed by the procurement or with the connivance of
    42  the plaintiff or where there is voluntary cohabitation  of  the  parties
    43  with  the  knowledge  of  the  offense or where action was not commenced
    44  within five years after the discovery by the plaintiff  of  the  offense
    45  charged  or  where  the plaintiff has also been guilty of adultery under
    46  such circumstances that the defendant would have been entitled, if inno-
    47  cent, to a divorce, provided that adultery  for  the  purposes  of  this
    48  subdivision  is  hereby  defined  as the commission of an act of [sexual
    49  intercourse] vaginal sexual contact, oral sexual  [conduct]  contact  or
    50  anal  sexual  [conduct] contact, voluntarily performed by the defendant,
    51  with a person other than the plaintiff after the marriage  of  plaintiff
    52  and  defendant.  Oral sexual [conduct] contact and anal sexual [conduct]
    53  contact include, but are not limited to, sexual conduct  as  defined  in
    54  subdivision  two  of  section  130.00  and  subdivision three of section
    55  130.20 of the penal law.

        A. 794                             27
     1    § 64. This act shall take effect January 1, 2021 and  shall  apply  to
     2  any  offense  on  or  after such effective date.   As it pertains to the
     3  repealed sections of law, nothing in this act shall affect a requirement
     4  to register pursuant to article 6-C of the correction  law;  a  lawfully
     5  required  disclosure of a conviction; any restriction or prohibition for
     6  certain types of employment, housing,  or  government  benefit;  or  any
     7  other ongoing matter related to a conviction of the sections repealed in
     8  this act.
feedback