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

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

Spectrum: Moderate Partisan Bill (Democrat 31-6)

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

Download: New_York-2019-A00794-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         794--B
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 11, 2019
                                       ___________
        Introduced  by M. of A. SIMOTAS, COLTON, AUBRY, ENGLEBRIGHT, BRAUNSTEIN,
          DenDEKKER, JAFFEE, PERRY, COOK, WEPRIN, SANTABARBARA,  ROZIC,  HEVESI,
          QUART,  LIFTON,  OTIS,  MOSLEY,  FAHY, SEAWRIGHT, TAYLOR, ZEBROWSKI --
          Multi-Sponsored by -- M. of A. ARROYO, BUCHWALD,  FINCH,  FITZPATRICK,
          GALEF,    GLICK,    LUPARDO,    MALLIOTAKIS,   McDONOUGH,   MONTESANO,
          PEOPLES-STOKES, RA -- read once and referred to the Committee on Codes
          -- committee discharged, bill amended, ordered  reprinted  as  amended
          and  recommitted to said committee -- again reported from said commit-
          tee with amendments, ordered reprinted as amended and  recommitted  to
          said committee
        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     2  REPEALED.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.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01481-05-9

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

        A. 794--B                           3
     1    Rape in the second degree is a class D felony.
     2    §  5.  Section 130.35 of the penal law, as amended by chapter 1 of the
     3  laws of 2000, is amended to read as follows:
     4  § 130.35 Rape in the first degree.
     5    A person is guilty of rape in the first degree when:
     6    1. he or she engages in [sexual intercourse]  vaginal  sexual  contact
     7  with another person:
     8    [1.] (a) By forcible compulsion; or
     9    [2.]  (b)  Who  is  incapable of consent by reason of being physically
    10  helpless; or
    11    [3.] (c) Who is less than eleven years old; or
    12    [4.] (d) Who is less than thirteen years old and the actor is eighteen
    13  years old or more[.];
    14    2. he or she engages in oral sexual contact with another person:
    15    (a) By forcible compulsion; or
    16    (b) Who is incapable of consent by reason of  being  physically  help-
    17  less; or
    18    (c) Who is less than eleven years old; or
    19    (d)  Who  is  less  than  thirteen years old and the actor is eighteen
    20  years old or more; or
    21    3. he or she engages in anal sexual contact with another person:
    22    (a) by forcible compulsion; or
    23    (b) who is incapable of consent by reason of  being  physically  help-
    24  less; or
    25    (c) who is less than eleven years old; or
    26    (d)  who  is  less  than  thirteen years old and the actor is eighteen
    27  years old or more.
    28    Rape in the first degree is a class B felony.
    29    § 6. Paragraph 2 of subdivision 18 of section 10.00 of the penal  law,
    30  as  amended  by  chapter  7  of  the laws of 2007, is amended to read as
    31  follows:
    32    (2) a person fourteen or fifteen years old who is criminally responsi-
    33  ble for acts constituting the crimes defined in subdivisions one and two
    34  of section 125.25 (murder in the second degree) and in subdivision three
    35  of such section provided that the underlying crime for the murder charge
    36  is one for which such person is criminally responsible;  section  135.25
    37  (kidnapping  in  the  first degree); 150.20 (arson in the first degree);
    38  subdivisions one and  two  of  section  120.10  (assault  in  the  first
    39  degree);  125.20  (manslaughter  in the first degree); [subdivisions one
    40  and] paragraphs (a) and (b) of subdivision one, paragraphs (a)  and  (b)
    41  of  subdivision  two, and paragraphs (a) and (b) of subdivision three of
    42  section 130.35 (rape in the first degree); [subdivisions one and two  of
    43  section  130.50  (criminal  sexual  act  in  the  first degree);] 130.70
    44  (aggravated sexual abuse in the first degree); 140.30 (burglary  in  the
    45  first degree); subdivision one of section 140.25 (burglary in the second
    46  degree);  150.15  (arson  in  the second degree); 160.15 (robbery in the
    47  first degree); subdivision two of section 160.10 (robbery in the  second
    48  degree)  of  this chapter; or section 265.03 of this chapter, where such
    49  machine gun or such firearm is possessed  on  school  grounds,  as  that
    50  phrase  is  defined  in  subdivision  fourteen of section 220.00 of this
    51  chapter; or defined in this chapter as an attempt to  commit  murder  in
    52  the  second degree or kidnapping in the first degree, or such conduct as
    53  a sexually motivated felony, where authorized pursuant to section 130.91
    54  of [the penal law] this chapter.

        A. 794--B                           4
     1    § 7. Subdivision 2 of section 30.00 of the penal law,  as  amended  by
     2  section  38 of part WWW of chapter 59 of the laws of 2017, is amended to
     3  read as follows:
     4    2.  A person thirteen, fourteen or, fifteen years of age is criminally
     5  responsible for acts constituting murder in the second degree as defined
     6  in subdivisions one and two of section 125.25 and in  subdivision  three
     7  of such section provided that the underlying crime for the murder charge
     8  is  one  for  which  such  person  is criminally responsible or for such
     9  conduct as a sexually motivated felony,  where  authorized  pursuant  to
    10  section  130.91 of this chapter; and a person fourteen or, fifteen years
    11  of age is  criminally  responsible  for  acts  constituting  the  crimes
    12  defined  in  section  135.25  (kidnapping  in  the first degree); 150.20
    13  (arson in the first degree); subdivisions one and two of section  120.10
    14  (assault  in  the  first  degree);  125.20  (manslaughter  in  the first
    15  degree); [subdivisions one and] paragraphs (a) and  (b)  of  subdivision
    16  one,  paragraphs  (a)  and (b) of subdivision two and paragraphs (a) and
    17  (b) of subdivision three of section 130.35 (rape in the  first  degree);
    18  subdivisions  one  and two of section 130.50 (criminal sexual act in the
    19  first degree); 130.70 (aggravated sexual abuse  in  the  first  degree);
    20  140.30 (burglary in the first degree); subdivision one of section 140.25
    21  (burglary  in  the  second degree); 150.15 (arson in the second degree);
    22  160.15 (robbery in the first degree); subdivision two of section  160.10
    23  (robbery  in  the  second  degree) of this chapter; or section 265.03 of
    24  this chapter, where such machine gun or such  firearm  is  possessed  on
    25  school  grounds,  as  that  phrase is defined in subdivision fourteen of
    26  section 220.00 of this chapter; or defined in this chapter as an attempt
    27  to commit murder in the second degree or kidnapping in the first degree,
    28  or for such conduct as a sexually  motivated  felony,  where  authorized
    29  pursuant to section 130.91 of this chapter.
    30    § 8. Paragraph (b) of subdivision 2 of section 35.15 of the penal law,
    31  as  amended  by  chapter  511 of the laws of 2004, is amended to read as
    32  follows:
    33    (b) He or she reasonably believes that such other person is committing
    34  or attempting to commit a kidnapping, forcible rape, [forcible  criminal
    35  sexual act] forcible aggravated sexual abuse, or robbery; or
    36    §  9.  Paragraphs (a) and (c) of subdivision 1 of section 70.02 of the
    37  penal law, paragraph (a) as amended by chapter 189 of the laws 2018  and
    38  paragraph (c) as amended by chapter 368 of the laws of 2015, are amended
    39  to read as follows:
    40    (a)  Class  B  violent felony offenses: an attempt to commit the class
    41  A-I felonies of murder in  the  second  degree  as  defined  in  section
    42  125.25, kidnapping in the first degree as defined in section 135.25, and
    43  arson  in the first degree as defined in section 150.20; manslaughter in
    44  the first degree as defined in section 125.20,  aggravated  manslaughter
    45  in  the  first  degree  as  defined in section 125.22, rape in the first
    46  degree as defined in section 130.35, [criminal sexual act in  the  first
    47  degree  as  defined  in  section 130.50,] aggravated sexual abuse in the
    48  first degree as defined in section  130.70,  course  of  sexual  conduct
    49  against  a  child  in  the  first  degree  as defined in section 130.75;
    50  assault in the first degree as defined in section 120.10, kidnapping  in
    51  the  second  degree  as defined in section 135.20, burglary in the first
    52  degree as defined in section 140.30,  arson  in  the  second  degree  as
    53  defined  in  section  150.15,  robbery in the first degree as defined in
    54  section 160.15, sex trafficking as defined in paragraphs (a) and (b)  of
    55  subdivision  five  of  section  230.34,  sex  trafficking  of a child as
    56  defined in section 230.34-a, incest in the first degree  as  defined  in

        A. 794--B                           5
     1  section  255.27,  criminal possession of a weapon in the first degree as
     2  defined in section 265.04, criminal use of a firearm in the first degree
     3  as defined in section 265.09, criminal sale of a firearm  in  the  first
     4  degree  as  defined  in section 265.13, aggravated assault upon a police
     5  officer or a peace officer as defined in section 120.11, gang assault in
     6  the first degree as defined in section 120.07, intimidating a victim  or
     7  witness  in  the  first  degree  as defined in section 215.17, hindering
     8  prosecution of terrorism in the  first  degree  as  defined  in  section
     9  490.35, criminal possession of a chemical weapon or biological weapon in
    10  the  second  degree  as defined in section 490.40, and criminal use of a
    11  chemical weapon or biological weapon in the third degree as  defined  in
    12  section 490.47.
    13    (c)  Class  D violent felony offenses: an attempt to commit any of the
    14  class C felonies set forth in paragraph (b); reckless assault of a child
    15  as defined in section 120.02, assault in the second degree as defined in
    16  section 120.05, menacing a police officer or peace officer as defined in
    17  section 120.18, stalking in the first degree, as defined in  subdivision
    18  one  of section 120.60, strangulation in the second degree as defined in
    19  section 121.12, rape in the second degree as defined in section  130.30,
    20  [criminal sexual act in the second degree as defined in section 130.45,]
    21  sexual abuse in the first degree as defined in section 130.65, course of
    22  sexual  conduct  against  a  child  in  the  second degree as defined in
    23  section 130.80, aggravated sexual abuse in the third degree  as  defined
    24  in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
    25  substance as defined in section 130.90, labor trafficking as defined  in
    26  paragraphs  (a) and (b) of subdivision three of section 135.35, criminal
    27  possession of a weapon in the third degree  as  defined  in  subdivision
    28  five, six, seven, eight, nine or ten of section 265.02, criminal sale of
    29  a firearm in the third degree as defined in section 265.11, intimidating
    30  a  victim  or witness in the second degree as defined in section 215.16,
    31  soliciting or providing support for an act of terrorism  in  the  second
    32  degree  as defined in section 490.10, and making a terroristic threat as
    33  defined in section 490.20, falsely reporting an incident  in  the  first
    34  degree  as  defined in section 240.60, placing a false bomb or hazardous
    35  substance in the first degree as defined in section  240.62,  placing  a
    36  false  bomb  or  hazardous  substance in a sports stadium or arena, mass
    37  transportation facility or enclosed shopping mall as defined in  section
    38  240.63,  and  aggravated  unpermitted  use of indoor pyrotechnics in the
    39  first degree as defined in section 405.18.
    40    § 10. Paragraph b of subdivision 5 of section 120.40 of the penal law,
    41  as amended by chapter 320 of the laws of 2006, is  amended  to  read  as
    42  follows:
    43    b.  a  crime  defined  in  section  130.20,  130.25,  130.30, [130.40,
    44  130.45,] 130.55, 130.60, 130.70, 255.25, 255.26 or 255.27;
    45    § 11. Paragraph (d) of subdivision 2 and paragraph (h) of  subdivision
    46  3  of section 130.05 of the penal law, paragraph (d) of subdivision 2 as
    47  amended by chapter 40 of the laws of 2004 and paragraph (h) of  subdivi-
    48  sion  3  as amended by section 2 of part G of chapter 501 of the laws of
    49  2012, are amended to read as follows:
    50    (d) Where the offense charged is rape in the third degree  as  defined
    51  in  [subdivision  three]  subdivision  seven,  eight  or nine of section
    52  130.25, [or criminal sexual act in the third degree as defined in subdi-
    53  vision three of section 130.40,] in addition to forcible vaginal  sexual
    54  contact compulsion, circumstances under which, at the time of the act of
    55  intercourse,  oral  sexual  [conduct]  contact  or anal sexual [conduct]
    56  contact, the victim clearly expressed that he or she did not consent  to

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

        A. 794--B                           7

     1  defined in section 130.40,] aggravated sexual abuse in the fourth degree
     2  as defined in section 130.65-a, or sexual abuse in the third  degree  as
     3  defined in section 130.55 in which incapacity to consent is based on the
     4  circumstances set forth in paragraph (h) of subdivision three of section
     5  130.05  of  this  article  it  shall  be an affirmative defense that the
     6  client or patient consented to such conduct charged  after  having  been
     7  expressly advised by the health care or mental health care provider that
     8  such conduct was not performed for a valid medical purpose.
     9    § 16. The opening paragraph and subdivision 2 of section 130.95 of the
    10  penal  law,  as added by chapter 107 of the laws of 2006, are amended to
    11  read as follows:
    12    A person is guilty of predatory sexual assault when he or she  commits
    13  the crime of rape in the first degree, [criminal sexual act in the first
    14  degree,] aggravated sexual abuse in the first degree, or course of sexu-
    15  al conduct against a child in the first degree, as defined in this arti-
    16  cle, and when:
    17    2.  He or she has engaged in conduct constituting the crime of rape in
    18  the first degree, [criminal sexual act in the first degree,]  aggravated
    19  sexual  abuse in the first degree, or course of sexual conduct against a
    20  child in the first degree, as defined in this article,  against  one  or
    21  more additional persons; or
    22    §  17.  The  opening  paragraph of section 130.96 of the penal law, as
    23  added by chapter 107 of the laws of 2006, is amended to read as follows:
    24    A person is guilty of predatory sexual assault against a  child  when,
    25  being eighteen years old or more, he or she commits the crime of rape in
    26  the  first degree, [criminal sexual act in the first degree,] aggravated
    27  sexual abuse in the first degree, or course of sexual conduct against  a
    28  child in the first degree, as defined in this article, and the victim is
    29  less than thirteen years old.
    30    §  18. Subdivision 2 of section 240.75 of the penal law, as amended by
    31  section 8 of part NN of chapter 55 of the laws of 2018,  is  amended  to
    32  read as follows:
    33    2.  A  "specified  offense"  is  an  offense defined in section 120.00
    34  (assault in the third degree); section 120.05  (assault  in  the  second
    35  degree);  section  120.10  (assault in the first degree); section 120.13
    36  (menacing in the first degree); section 120.14 (menacing in  the  second
    37  degree);  section  120.15 (menacing in the third degree); section 120.20
    38  (reckless endangerment in the second degree); section  120.25  (reckless
    39  endangerment  in  the  first  degree);  section  120.45 (stalking in the
    40  fourth degree); section 120.50 (stalking in the third  degree);  section
    41  120.55  (stalking in the second degree); section 120.60 (stalking in the
    42  first degree); section 121.11  (criminal  obstruction  of  breathing  or
    43  blood circulation); section 121.12 (strangulation in the second degree);
    44  section  121.13  (strangulation in the first degree); subdivision one of
    45  section 125.15 (manslaughter in the second degree); subdivision one, two
    46  or four of section 125.20 (manslaughter in the  first  degree);  section
    47  125.25  (murder  in  the  second degree); section 130.20 (sexual miscon-
    48  duct); section 130.25 (rape in the third degree); section  130.30  (rape
    49  in  the  second  degree);  section  130.35  (rape  in the first degree);
    50  section 130.40 (criminal sexual act in the third degree); section 130.45
    51  (criminal sexual act in the second  degree);  section  130.50  (criminal
    52  sexual  act  in  the  first degree); section 130.52 (forcible touching);
    53  section 130.53 (persistent sexual abuse); section 130.55  (sexual  abuse
    54  in  the  third  degree);  section  130.60  (sexual  abuse  in the second
    55  degree); section 130.65 (sexual abuse  in  the  first  degree);  section
    56  130.66  (aggravated  sexual  abuse  in the third degree); section 130.67

        A. 794--B                           8
     1  (aggravated sexual abuse in the second degree); section  130.70  (aggra-
     2  vated  sexual abuse in the first degree); section 130.91 (sexually moti-
     3  vated felony); section 130.95 (predatory sexual assault); section 130.96
     4  (predatory  sexual  assault  against  a child); section 135.05 (unlawful
     5  imprisonment in the second degree); section 135.10  (unlawful  imprison-
     6  ment  in  the  first  degree);  section  135.60  (coercion  in the third
     7  degree); section 135.61 (coercion in the second degree); section  135.65
     8  (coercion  in  the  first degree); section 140.20 (burglary in the third
     9  degree); section 140.25 (burglary in the second degree); section  140.30
    10  (burglary in the first degree); section 145.00 (criminal mischief in the
    11  fourth  degree); section 145.05 (criminal mischief in the third degree);
    12  section 145.10 (criminal mischief in the second degree); section  145.12
    13  (criminal  mischief  in  the  first  degree);  section  145.14 (criminal
    14  tampering in the third degree); section 215.50 (criminal contempt in the
    15  second degree); section 215.51 (criminal contempt in the first  degree);
    16  section  215.52  (aggravated criminal contempt); section 240.25 (harass-
    17  ment in the first degree); subdivision  one,  two  or  four  of  section
    18  240.30  (aggravated  harassment in the second degree); aggravated family
    19  offense as defined in this section  or  any  attempt  or  conspiracy  to
    20  commit  any of the foregoing offenses where the defendant and the person
    21  against whom the offense was committed were members of the  same  family
    22  or  household  as  defined  in  subdivision one of section 530.11 of the
    23  criminal procedure law.
    24    § 19. Section 255.26 of the penal law, as added by chapter 320 of  the
    25  laws of 2006, is amended to read as follows:
    26  § 255.26 Incest in the second degree.
    27    A  person  is  guilty  of  incest  in the second degree when he or she
    28  commits the crime of rape in the second degree, as  defined  in  section
    29  130.30  of  this  part, [or criminal sexual act in the second degree, as
    30  defined in section 130.45 of this part,] against a person whom he or she
    31  knows to be related to him or her, whether through marriage or  not,  as
    32  an  ancestor,  descendant,  brother or sister of either the whole or the
    33  half blood, uncle, aunt, nephew or niece.
    34    Incest in the second degree is a class D felony.
    35    § 20. Section 255.27 of the penal law, as added by chapter 320 of  the
    36  laws of 2006, is amended to read as follows:
    37  § 255.27 Incest in the first degree.
    38    A  person  is  guilty  of  incest  in  the first degree when he or she
    39  commits the crime of rape in the first degree, as defined  in  paragraph
    40  (c)  or  (d) of subdivision [three or four] one, paragraph (c) or (d) of
    41  subdivision two or paragraph (c) or (d) of subdivision three of  section
    42  130.35  of  this  part[,  or criminal sexual act in the first degree, as
    43  defined in subdivision three or four of section 130.50  of  this  part,]
    44  against  a  person  whom  he  or  she knows to be related to him or her,
    45  whether through marriage or not, as an ancestor, descendant, brother  or
    46  sister of either the whole or half blood, uncle, aunt, nephew or niece.
    47    Incest in the first degree is a class B felony.
    48    §  21. Subdivision 3 of section 485.05 of the penal law, as amended by
    49  section 9 of part NN of chapter 55 of the laws of 2018,  is  amended  to
    50  read as follows:
    51    3. A "specified offense" is an offense defined by any of the following
    52  provisions  of  this  chapter:  section  120.00  (assault  in  the third
    53  degree); section 120.05 (assault in the second degree);  section  120.10
    54  (assault in the first degree); section 120.12 (aggravated assault upon a
    55  person  less  than  eleven  years  old); section 120.13 (menacing in the
    56  first degree); section 120.14 (menacing in the second  degree);  section

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

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

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

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

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

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

        A. 794--B                          15
     1  telephone number provided by such victim  in  the  most  reasonable  and
     2  expedient  possible  manner  of the time and place such petition will be
     3  presented to the court.
     4    § 33. Paragraph (b) of subdivision 8 of section 700.05 of the criminal
     5  procedure  law,  as amended by chapter 1 of the laws of 2019, is amended
     6  to read as follows:
     7    (b) Any of the following felonies: assault in  the  second  degree  as
     8  defined  in section 120.05 of the penal law, assault in the first degree
     9  as defined in section 120.10 of the penal law, reckless endangerment  in
    10  the  first degree as defined in section 120.25 of the penal law, promot-
    11  ing a suicide attempt as defined in section 120.30  of  the  penal  law,
    12  strangulation  in  the second degree as defined in section 121.12 of the
    13  penal law, strangulation in the  first  degree  as  defined  in  section
    14  121.13  of  the  penal  law, criminally negligent homicide as defined in
    15  section 125.10 of the penal law, manslaughter in the  second  degree  as
    16  defined  in  section  125.15 of the penal law, manslaughter in the first
    17  degree as defined in section 125.20 of the  penal  law,  murder  in  the
    18  second  degree  as defined in section 125.25 of the penal law, murder in
    19  the first degree as defined in section 125.27 of the penal law, rape  in
    20  the  third degree as defined in section 130.25 of the penal law, rape in
    21  the second degree as defined in section 130.30 of the penal law, rape in
    22  the first degree as defined in section 130.35 of the penal law,  [crimi-
    23  nal  sexual  act in the third degree as defined in section 130.40 of the
    24  penal law, criminal sexual act  in  the  second  degree  as  defined  in
    25  section 130.45 of the penal law, criminal sexual act in the first degree
    26  as  defined  in  section  130.50  of the penal law,] sexual abuse in the
    27  first degree as defined in section 130.65 of  the  penal  law,  unlawful
    28  imprisonment  in  the  first  degree as defined in section 135.10 of the
    29  penal law, kidnapping in the second degree as defined in section  135.20
    30  of  the  penal law, kidnapping in the first degree as defined in section
    31  135.25 of the penal law, labor trafficking as defined in section  135.35
    32  of  the  penal  law,  aggravated labor trafficking as defined in section
    33  135.37 of the penal law, custodial interference in the first  degree  as
    34  defined in section 135.50 of the penal law, coercion in the first degree
    35  as  defined in section 135.65 of the penal law, criminal trespass in the
    36  first degree as defined in section 140.17 of the penal law, burglary  in
    37  the third degree as defined in section 140.20 of the penal law, burglary
    38  in  the  second  degree  as  defined in section 140.25 of the penal law,
    39  burglary in the first degree as defined in section 140.30 of  the  penal
    40  law,  criminal mischief in the third degree as defined in section 145.05
    41  of the penal law, criminal mischief in the second degree as  defined  in
    42  section  145.10  of the penal law, criminal mischief in the first degree
    43  as defined in section 145.12 of the penal law, criminal tampering in the
    44  first degree as defined in section 145.20 of the penal law, arson in the
    45  fourth degree as defined in section 150.05 of the penal  law,  arson  in
    46  the third degree as defined in section 150.10 of the penal law, arson in
    47  the  second  degree as defined in section 150.15 of the penal law, arson
    48  in the first degree as defined in section 150.20 of the penal law, grand
    49  larceny in the fourth degree as defined in section 155.30 of  the  penal
    50  law,  grand  larceny in the third degree as defined in section 155.35 of
    51  the penal law, grand larceny in the second degree as defined in  section
    52  155.40 of the penal law, grand larceny in the first degree as defined in
    53  section  155.42 of the penal law, health care fraud in the fourth degree
    54  as defined in section 177.10 of the penal law, health care fraud in  the
    55  third  degree as defined in section 177.15 of the penal law, health care
    56  fraud in the second degree as defined in section  177.20  of  the  penal

        A. 794--B                          16
     1  law,  health care fraud in the first degree as defined in section 177.25
     2  of the penal law, robbery in the third  degree  as  defined  in  section
     3  160.05  of  the  penal  law,  robbery in the second degree as defined in
     4  section  160.10 of the penal law, robbery in the first degree as defined
     5  in section 160.15 of the penal law, unlawful use  of  secret  scientific
     6  material  as  defined  in  section  165.07  of  the  penal law, criminal
     7  possession of stolen property in the fourth degree as defined in section
     8  165.45 of the penal law, criminal possession of stolen property  in  the
     9  third  degree  as  defined  in section 165.50 of the penal law, criminal
    10  possession of stolen property in the second degree as defined by section
    11  165.52 of the penal law, criminal possession of stolen property  in  the
    12  first  degree  as  defined by section 165.54 of the penal law, trademark
    13  counterfeiting in the second degree as defined in section 165.72 of  the
    14  penal  law,  trademark  counterfeiting in the first degree as defined in
    15  section 165.73 of the penal law, forgery in the second degree as defined
    16  in section 170.10 of the penal law,  forgery  in  the  first  degree  as
    17  defined  in  section  170.15  of the penal law, criminal possession of a
    18  forged instrument in the second degree as defined in section  170.25  of
    19  the  penal  law, criminal possession of a forged instrument in the first
    20  degree  as  defined  in  section  170.30  of  the  penal  law,  criminal
    21  possession  of forgery devices as defined in section 170.40 of the penal
    22  law, falsifying business records in  the  first  degree  as  defined  in
    23  section  175.10  of  the penal law, tampering with public records in the
    24  first degree as defined in section 175.25 of the penal law,  offering  a
    25  false  instrument  for  filing in the first degree as defined in section
    26  175.35 of the penal law, issuing  a  false  certificate  as  defined  in
    27  section  175.40  of  the  penal  law, criminal diversion of prescription
    28  medications and prescriptions in the second degree as defined in section
    29  178.20 of the penal law, criminal diversion of prescription  medications
    30  and  prescriptions  in  the first degree as defined in section 178.25 of
    31  the penal law, residential  mortgage  fraud  in  the  fourth  degree  as
    32  defined  in  section 187.10 of the penal law, residential mortgage fraud
    33  in the third degree as defined in section 187.15 of the penal law, resi-
    34  dential mortgage fraud in the second degree as defined in section 187.20
    35  of the penal law, residential mortgage fraud  in  the  first  degree  as
    36  defined  in section 187.25 of the penal law, escape in the second degree
    37  as defined in section 205.10 of the  penal  law,  escape  in  the  first
    38  degree  as  defined  in section 205.15 of the penal law, absconding from
    39  temporary release in the first degree as defined in  section  205.17  of
    40  the  penal  law,  promoting  prison  contraband  in  the first degree as
    41  defined in section 205.25 of the penal law, hindering prosecution in the
    42  second degree as defined in section 205.60 of the penal  law,  hindering
    43  prosecution  in  the  first  degree  as defined in section 205.65 of the
    44  penal law, sex trafficking as defined in section  230.34  of  the  penal
    45  law,  sex  trafficking  of a child as defined in section 230.34-a of the
    46  penal law, criminal possession of  a  weapon  in  the  third  degree  as
    47  defined  in  subdivisions  two,  three and five of section 265.02 of the
    48  penal law, criminal possession of a  weapon  in  the  second  degree  as
    49  defined  in  section  265.03  of the penal law, criminal possession of a
    50  weapon in the first degree as defined in section  265.04  of  the  penal
    51  law,  manufacture,  transport, disposition and defacement of weapons and
    52  dangerous instruments and appliances defined as felonies in subdivisions
    53  one, two, and three of section 265.10 of the penal law, sections 265.11,
    54  265.12 and 265.13 of the penal law, or  prohibited  use  of  weapons  as
    55  defined  in subdivision two of section 265.35 of the penal law, relating
    56  to firearms and other dangerous weapons,  or  failure  to  disclose  the

        A. 794--B                          17
     1  origin  of  a recording in the first degree as defined in section 275.40
     2  of the penal law;
     3    § 34. Paragraph (a) of subdivision 2 of section 720.10 of the criminal
     4  procedure law, as amended by chapter 316 of the laws of 2006, is amended
     5  to read as follows:
     6    (a)  the  conviction  to be replaced by a youthful offender finding is
     7  for (i) a class A-I or class A-II felony, or (ii)  an  armed  felony  as
     8  defined  in subdivision forty-one of section 1.20, except as provided in
     9  subdivision three, or (iii) rape in the first degree[,  criminal  sexual
    10  act in the first degree,] or aggravated sexual abuse, except as provided
    11  in subdivision three, or
    12    §  35. Paragraph (a) of subdivision 2 and paragraph (a) of subdivision
    13  3 of section 168-a of the correction law, paragraph (a) of subdivision 2
    14  as amended by chapter 405 of the laws of 2008, subparagraph (i) of para-
    15  graph (a) of subdivision 2 as amended by chapter 189 of the laws of 2018
    16  and paragraph (a) of subdivision 3 as amended by chapter 107 of the laws
    17  of 2006, are amended to read as follows:
    18    (a) (i) a conviction of or a conviction for an attempt to  commit  any
    19  of  the  provisions of sections 120.70, 130.20, 130.25, 130.30, [130.40,
    20  130.45,] 130.60, 230.34, 230.34-a 250.50, 255.25, 255.26 and  255.27  or
    21  article  two  hundred  sixty-three  of the penal law, or section 135.05,
    22  135.10, 135.20 or 135.25 of such law relating  to  kidnapping  offenses,
    23  provided  the  victim of such kidnapping or related offense is less than
    24  seventeen years old and the offender is not the parent of the victim, or
    25  section 230.04, where the person patronized is in fact less than  seven-
    26  teen  years  of age, 230.05, 230.06, 230.11, 230.12, 230.13, subdivision
    27  two of section 230.30, section 230.32, 230.33, or 230.34  of  the  penal
    28  law,  or section 230.25 of the penal law where the person prostituted is
    29  in fact less than seventeen years old, or (ii)  a  conviction  of  or  a
    30  conviction  for  an  attempt  to commit any of the provisions of section
    31  235.22 of the penal law, or (iii) a conviction of or a conviction for an
    32  attempt to commit any provisions of the foregoing sections committed  or
    33  attempted  as a hate crime defined in section 485.05 of the penal law or
    34  as a crime of terrorism defined in section 490.25 of such law  or  as  a
    35  sexually motivated felony defined in section 130.91 of such law; or
    36    (a)  (i)  a conviction of or a conviction for an attempt to commit any
    37  of the provisions of sections 130.35, [130.50,] 130.65, 130.66,  130.67,
    38  130.70,  130.75,  130.80,  130.95 and 130.96 of the penal law, or (ii) a
    39  conviction of or a conviction for  an  attempt  to  commit  any  of  the
    40  provisions  of sections 130.53, 130.65-a and 130.90 of the penal law, or
    41  (iii) a conviction of or a conviction  for  an  attempt  to  commit  any
    42  provisions  of  the  foregoing sections committed or attempted as a hate
    43  crime defined in section 485.05 of the  penal  law  or  as  a  crime  of
    44  terrorism defined in section 490.25 of such law; or
    45    §  36.  Subparagraph (ii) of paragraph (a), subparagraphs (i) and (ii)
    46  of paragraph (b) and paragraph (e) of subdivision 8 of section 384-b  of
    47  the social services law, subparagraph (ii) of paragraph (a) and subpara-
    48  graph  (i)  of  paragraph  (b)  as amended by chapter 430 of the laws of
    49  2013, subparagraph (ii) of paragraph (b) as amended and paragraph (e) as
    50  added by chapter 7 of the laws of 1999, are amended to read as follows:
    51    (ii) the child has been found to be an abused  child,  as  defined  in
    52  paragraph  (iii) of subdivision (e) of section ten hundred twelve of the
    53  family court act, as a result of such parent's acts; provided,  however,
    54  the  respondent must have committed or knowingly allowed to be committed
    55  a felony sex offense as defined  in  sections  130.25,  130.30,  130.35,
    56  [130.40, 130.45, 130.50,] 130.65, 130.67, 130.70, 130.75, 130.80, 130.95

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

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

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

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

        A. 794--B                          22
     1  law or any of the following provisions  of  such  law  sections  130.25,
     2  130.30,  [130.40,  130.45,]  255.25, 255.26, 255.27, article two hundred
     3  sixty-three, 135.10, 135.25, 230.05, 230.06, subdivision two of  section
     4  230.30  or  230.32, such clerk (1) shall deliver, by first class mail, a
     5  copy of such  certified  order  to  the  division  of  criminal  justice
     6  services at its office in the county of Albany and (2) upon the clerk of
     7  the  court  reviewing  the  petitioner's application for name change and
     8  subsequent in-court inquiry, may, in the clerk's discretion, deliver, by
     9  first class mail, the petitioner's new name with such certified order to
    10  the court of competent jurisdiction which imposed the orders of support.
    11  Such certification shall appear on the original order and on any  certi-
    12  fied  copy  thereof  and  shall be entered in the clerk's minutes of the
    13  proceeding.
    14    § 45. Section 213-c of the civil practice law and rules, as  added  by
    15  chapter 3 of the laws of 2006, is amended to read as follows:
    16    §  213-c.  Action  by  victim  of  conduct constituting certain sexual
    17  offenses. Notwithstanding any other limitation set forth in  this  arti-
    18  cle,  a  civil  claim  or cause of action to recover from a defendant as
    19  hereinafter defined, for physical,  psychological  or  other  injury  or
    20  condition  suffered by a person as a result of acts by such defendant of
    21  rape in the first degree as defined in section 130.35 of the penal  law,
    22  [or criminal sexual act in the first degree as defined in section 130.50
    23  of  the  penal  law,]  or aggravated sexual abuse in the first degree as
    24  defined in section 130.70 of the penal law, or course of sexual  conduct
    25  against  a child in the first degree as defined in section 130.75 of the
    26  penal law may be brought within five years. As used in this section, the
    27  term "defendant" shall mean only a person who commits the acts described
    28  in this section or who, in a criminal proceeding, could be charged  with
    29  criminal  liability  for the commission of such acts pursuant to section
    30  20.00 of the penal law and shall not apply to any related civil claim or
    31  cause of action arising from such acts. Nothing in this section shall be
    32  construed to require that a criminal charge be  brought  or  a  criminal
    33  conviction  be  obtained  as  a  condition  of bringing a civil cause of
    34  action or receiving a civil judgment pursuant  to  this  section  or  be
    35  construed to require that any of the rules governing a criminal proceed-
    36  ing be applicable to any such civil action.
    37    § 46. Paragraph (b) of subdivision 8 of section 215 of the civil prac-
    38  tice  law  and  rules,  as  added  by  chapter 3 of the laws of 2006, is
    39  amended to read as follows:
    40    (b) Whenever it is shown that  a  criminal  action  against  the  same
    41  defendant  has  been  commenced  with respect to the event or occurrence
    42  from which a claim governed by this section arises,  and  such  criminal
    43  action  is  for rape in the first degree as defined in section 130.35 of
    44  the penal law, [or criminal sexual act in the first degree as defined in
    45  section 130.50 of the penal law,] or  aggravated  sexual  abuse  in  the
    46  first degree as defined in section 130.70 of the penal law, or course of
    47  sexual conduct against a child in the first degree as defined in section
    48  130.75  of  the  penal law, the plaintiff shall have at least five years
    49  from the termination of the criminal action as defined in  section  1.20
    50  of  the  criminal  procedure  law in which to commence the civil action,
    51  notwithstanding that the time in  which  to  commence  such  action  has
    52  already expired or has less than a year remaining.
    53    §  47.  Subdivision  11  of section 123 of the agriculture and markets
    54  law, as amended by chapter 392 of the laws of 2004, and such section  as
    55  renumbered by section 18 of part T of chapter 59 of the laws of 2010, is
    56  amended to read as follows:

        A. 794--B                          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 1 of the
    13  laws of 2019, 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, rape, assault with intent to commit rape, [criminal
    18  sexual act,] bastardy or filiation, the court may,  in  its  discretion,
    19  exclude  therefrom  all persons who are not directly interested therein,
    20  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--B                          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--B                          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. Section 130.20 of the penal law, as amended by chapter 1 of the
    10  laws of 2000, subdivision 2 as amended by chapter 264  of  the  laws  of
    11  2003, is amended to read as follows:
    12  § 130.20 Sexual misconduct.
    13    A person is guilty of sexual misconduct when:
    14    1.  He  or  she engages in [sexual intercourse] vaginal sexual contact
    15  with another person without such person's consent; or
    16    2. He or she engages in oral sexual [conduct or anal  sexual  conduct]
    17  contact with another person without such person's consent; or
    18    3.  He or she engages in anal sexual contact with another person with-
    19  out such person's consent; or
    20    4.  He or she engages in sexual conduct with an animal or a dead human
    21  body.
    22    Sexual misconduct is a class A misdemeanor.
    23    § 55. Paragraphs (a) and (b) of subdivision 1 of section 130.75 of the
    24  penal law, as amended by chapter 264 of the laws of 2003, are amended to
    25  read as follows:
    26    (a) he or she engages in two or more acts  of  sexual  conduct,  which
    27  includes  at  least  one  act  of  [sexual  intercourse]  vaginal sexual
    28  contact, oral sexual [conduct] contact, anal sexual [conduct] contact or
    29  aggravated sexual contact, with a child less than eleven years old; or
    30    (b) he or she, being eighteen years old or more,  engages  in  two  or
    31  more  acts  of sexual conduct, which include at least one act of [sexual
    32  intercourse] vaginal sexual contact, oral sexual [conduct] contact, anal
    33  sexual [conduct] contact or aggravated sexual contact, with a child less
    34  than thirteen years old.
    35    § 56. Subdivision 1 of section 235.00 of the penal law, as amended  by
    36  chapter 264 of the laws of 2003, is amended to read as follows:
    37    1.  "Obscene."  Any  material  or  performance is "obscene" if (a) the
    38  average person, applying contemporary community  standards,  would  find
    39  that  considered  as  a whole, its predominant appeal is to the prurient
    40  interest in sex, and (b) it depicts or describes in a patently offensive
    41  manner,  actual  or  simulated:  [sexual  intercourse]  vaginal   sexual
    42  contact, [criminal sexual act] oral sexual contact, anal sexual contact,
    43  sexual  bestiality,  masturbation,  sadism, masochism, excretion or lewd
    44  exhibition of the genitals, and (c) considered  as  a  whole,  it  lacks
    45  serious literary, artistic, political, and scientific value. Predominant
    46  appeal  shall  be  judged  with  reference  to ordinary adults unless it
    47  appears from the character of the material or the circumstances  of  its
    48  dissemination to be designed for children or other [specially] especial-
    49  ly susceptible audience.
    50    §  57. Subdivision 2 of section 235.22 of the penal law, as amended by
    51  chapter 264 of the laws of 2003, is amended to read as follows:
    52    2. by means of such communication he importunes, invites or induces  a
    53  minor  to  engage  in  [sexual intercourse] vaginal sexual contact, oral
    54  sexual [conduct] contact or anal sexual  [conduct]  contact,  or  sexual
    55  contact  with  him, or to engage in a sexual performance, obscene sexual
    56  performance, or sexual conduct for his benefit.

        A. 794--B                          26
     1    § 58. Section 255.25 of the penal law, as amended by  chapter  320  of
     2  the laws of 2006, is amended to read as follows:
     3  § 255.25 Incest in the third degree.
     4    A  person  is  guilty  of  incest  in  the third degree when he or she
     5  marries or engages in [sexual intercourse] vaginal sexual contact,  oral
     6  sexual  [conduct] contact or anal sexual [conduct] contact with a person
     7  whom he or she knows to be  related  to  him  or  her,  whether  through
     8  marriage or not, as an ancestor, descendant, brother or sister of either
     9  the whole or the half blood, uncle, aunt, nephew or niece.
    10    Incest in the third degree is a class E felony.
    11    §  59. Subdivision 3 of section 263.00 of the penal law, as amended by
    12  chapter 264 of the laws of 2003, is amended to read as follows:
    13    3. "Sexual conduct" means actual  or  simulated  [sexual  intercourse]
    14  vaginal  sexual  contact,  oral  sexual  [conduct]  contact, anal sexual
    15  [conduct]contact,  sexual  bestiality,  masturbation,   sado-masochistic
    16  abuse, or lewd exhibition of the genitals.
    17    § 60. Subdivision 3 of section 60.42 of the criminal procedure law, as
    18  amended  by  chapter  264  of  the  laws  of 2003, is amended to read as
    19  follows:
    20    3. rebuts evidence introduced by the people of the victim's failure to
    21  engage in [sexual  intercourse]  vaginal  sexual  contact,  oral  sexual
    22  [conduct]  contact,  anal  sexual  [conduct]  contact  or sexual contact
    23  during a given period of time; or
    24    § 61. Subdivision 3 of section 344.4  of  the  family  court  act,  as
    25  amended  by  chapter  264  of  the  laws  of 2003, is amended to read as
    26  follows:
    27    3. rebuts  evidence  introduced  by  the  presentment  agency  of  the
    28  victim's  failure  to  engage  in  [sexual  intercourse]  vaginal sexual
    29  contact, oral sexual [conduct] contact, anal sexual [conduct] contact or
    30  sexual contact during a given period of time; or
    31    § 62. Subdivision 4 of section 170 of the domestic relations  law,  as
    32  amended  by  chapter  264  of  the  laws  of 2003, is amended to read as
    33  follows:
    34    (4) The commission of an act of adultery, provided that  adultery  for
    35  the  purposes  of articles ten, eleven, and eleven-A of this chapter, is
    36  hereby defined as the commission of an act of [sexual intercourse] vagi-
    37  nal sexual  contact,  oral  sexual  [conduct]  contact  or  anal  sexual
    38  [conduct] contact, voluntarily performed by the defendant, with a person
    39  other  than the plaintiff after the marriage of plaintiff and defendant.
    40  Oral sexual [conduct] contact and anal sexual [conduct] contact include,
    41  but are not limited to, sexual conduct as defined in subdivision two  of
    42  section  130.00  and  subdivision  [three] four of section 130.20 of the
    43  penal law.
    44    § 63. Subdivision 4 of section 200 of the domestic relations  law,  as
    45  amended  by  chapter  264  of  the  laws  of 2003, is amended to read as
    46  follows:
    47    4. The commission of an act of adultery by the defendant; except where
    48  such offense is committed by the procurement or with the  connivance  of
    49  the  plaintiff  or  where there is voluntary cohabitation of the parties
    50  with the knowledge of the offense or  where  action  was  not  commenced
    51  within  five  years  after the discovery by the plaintiff of the offense
    52  charged or where the plaintiff has also been guilty  of  adultery  under
    53  such circumstances that the defendant would have been entitled, if inno-
    54  cent,  to  a  divorce,  provided  that adultery for the purposes of this
    55  subdivision is hereby defined as the commission of  an  act  of  [sexual
    56  intercourse]  vaginal  sexual  contact, oral sexual [conduct] contact or

        A. 794--B                          27
     1  anal sexual [conduct] contact, voluntarily performed by  the  defendant,
     2  with  a  person other than the plaintiff after the marriage of plaintiff
     3  and defendant. Oral sexual [conduct] contact and anal  sexual  [conduct]
     4  contact  include,  but  are not limited to, sexual conduct as defined in
     5  subdivision two of  section  130.00  and  subdivision  [three]  four  of
     6  section 130.20 of the penal law.
     7    §  64.  This  act shall take effect January 1, 2021 and shall apply to
     8  any offense on or after such effective date.   As  it  pertains  to  the
     9  repealed sections of law, nothing in this act shall affect a requirement
    10  to  register  pursuant  to article 6-C of the correction law; a lawfully
    11  required disclosure of a conviction; any restriction or prohibition  for
    12  certain  types  of  employment,  housing,  or government benefit; or any
    13  other ongoing matter related to a conviction of the sections repealed in
    14  this act.
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