STATE OF NEW YORK
________________________________________________________________________
794--C
R. R. 55
2019-2020 Regular Sessions
IN ASSEMBLY
January 11, 2019
___________
Introduced by M. of A. SIMOTAS, COLTON, AUBRY, ENGLEBRIGHT, BRAUNSTEIN,
DenDEKKER, JAFFEE, PERRY, COOK, WEPRIN, SANTABARBARA, ROZIC, HEVESI,
QUART, LIFTON, OTIS, MOSLEY, FAHY, SEAWRIGHT, TAYLOR, ZEBROWSKI --
Multi-Sponsored by -- M. of A. ARROYO, BUCHWALD, FINCH, FITZPATRICK,
GALEF, GLICK, LUPARDO, MALLIOTAKIS, McDONOUGH, MONTESANO,
PEOPLES-STOKES, RA -- read once and referred to the Committee on Codes
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee -- again reported from said commit-
tee with amendments, ordered reprinted as amended and recommitted to
said committee -- reported and referred to the Committee on Rules --
ordered to a third reading, passed by Assembly and delivered to the
Senate, recalled from the Senate, vote reconsidered, bill amended,
ordered reprinted, retaining its place on the special order of third
reading
AN ACT to amend the penal law, the criminal procedure law, the
correction law, the social services law, the vehicle and traffic law,
the family court act, the civil rights law, the civil practice law and
rules, the agriculture and markets law, the judiciary law and the
domestic relations law, in relation to sex offenses; and to repeal
certain provisions of the penal law relating thereto
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Sections 130.40, 130.45 and 130.50 of the penal law are
2 REPEALED.
3 § 2. Subdivisions 1 and 2 of section 130.00 of the penal law, subdivi-
4 sion 2 as amended by chapter 264 of the laws of 2003, are amended to
5 read as follows:
6 1. "[Sexual intercourse] Vaginal sexual contact" [has its ordinary
7 meaning and occurs upon any penetration, however slight] means conduct
8 between persons consisting of contact between the penis and the vagina
9 or vulva.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01481-08-9
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1 2. (a) "Oral sexual [conduct] contact" means conduct between persons
2 consisting of contact between the mouth and the penis, the mouth and the
3 anus, or the mouth and the vulva or vagina.
4 (b) "Anal sexual [conduct] contact" means conduct between persons
5 consisting of contact between the penis and anus.
6 § 3. Section 130.25 of the penal law, as amended by chapter 1 of the
7 laws of 2000, is amended to read as follows:
8 § 130.25 Rape in the third degree.
9 A person is guilty of rape in the third degree when:
10 1. He or she engages in [sexual intercourse] vaginal sexual contact
11 with another person who is incapable of consent by reason of some factor
12 other than being less than seventeen years old;
13 2. He or she engages in oral sexual contact with another person who is
14 incapable of consent by reason of some factor other than being less than
15 seventeen years old;
16 3. He or she engages in anal sexual contact with another person who is
17 incapable of consent by reason of some other factor other than being
18 less than seventeen years old;
19 4. Being twenty-one years old or more, he or she engages in [sexual
20 intercourse] vaginal sexual contact with another person less than seven-
21 teen years old; [or
22 3.] 5. Being twenty-one years old or more, he or she engages in oral
23 sexual contact with another person less than seventeen years old;
24 6. Being twenty-one years old or more, he or she engages in anal sexu-
25 al contact with another person less than seventeen years old;
26 7. He or she engages in [sexual intercourse] vaginal sexual contact
27 with another person without such person's consent where such lack of
28 consent is by reason of some factor other than incapacity to consent[.];
29 8. He or she engages in oral sexual contact with another person with-
30 out such person's consent where such lack of consent is by reason of
31 some factor other than incapacity to consent; or
32 9. He or she engages in anal sexual contact with another person with-
33 out such person's consent where such lack of consent is by reason of
34 some factor other than the incapacity to consent.
35 Rape in the third degree is a class E felony.
36 § 4. Section 130.30 of the penal law, as amended by chapter 1 of the
37 laws of 2000, is amended to read as follows:
38 § 130.30 Rape in the second degree.
39 A person is guilty of rape in the second degree when:
40 1. being eighteen years old or more, he or she engages in [sexual
41 intercourse] vaginal sexual contact with another person less than
42 fifteen years old; [or]
43 2. being eighteen years old or more, he or she engages in oral sexual
44 contact with another person less than fifteen years old;
45 3. being eighteen years old or more, he or she engages in anal sexual
46 contact with another person less than fifteen years old;
47 4. he or she engages in [sexual intercourse] vaginal sexual contact
48 with another person who is incapable of consent by reason of being
49 mentally disabled or mentally incapacitated[.];
50 5. he or she engages in oral sexual contact with another person who is
51 incapable of consent by reason of being mentally disabled or mentally
52 incapacitated; or
53 6. he or she engages in anal sexual contact with another person who is
54 incapable of consent by reason of being mentally disabled or mentally
55 incapacitated.
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1 It shall be an affirmative defense to the crime of rape in the second
2 degree as defined in [subdivision] subdivisions one, two and three of
3 this section that the defendant was less than four years older than the
4 victim at the time of the act.
5 Rape in the second degree is a class D felony.
6 § 5. Section 130.35 of the penal law, as amended by chapter 1 of the
7 laws of 2000, is amended to read as follows:
8 § 130.35 Rape in the first degree.
9 A person is guilty of rape in the first degree when:
10 1. he or she engages in [sexual intercourse] vaginal sexual contact
11 with another person:
12 [1.] (a) By forcible compulsion; or
13 [2.] (b) Who is incapable of consent by reason of being physically
14 helpless; or
15 [3.] (c) Who is less than eleven years old; or
16 [4.] (d) Who is less than thirteen years old and the actor is eighteen
17 years old or more[.];
18 2. he or she engages in oral sexual contact with another person:
19 (a) By forcible compulsion; or
20 (b) Who is incapable of consent by reason of being physically help-
21 less; or
22 (c) Who is less than eleven years old; or
23 (d) Who is less than thirteen years old and the actor is eighteen
24 years old or more; or
25 3. he or she engages in anal sexual contact with another person:
26 (a) by forcible compulsion; or
27 (b) who is incapable of consent by reason of being physically help-
28 less; or
29 (c) who is less than eleven years old; or
30 (d) who is less than thirteen years old and the actor is eighteen
31 years old or more.
32 Rape in the first degree is a class B felony.
33 § 6. Paragraph 2 of subdivision 18 of section 10.00 of the penal law,
34 as amended by chapter 7 of the laws of 2007, is amended to read as
35 follows:
36 (2) a person fourteen or fifteen years old who is criminally responsi-
37 ble for acts constituting the crimes defined in subdivisions one and two
38 of section 125.25 (murder in the second degree) and in subdivision three
39 of such section provided that the underlying crime for the murder charge
40 is one for which such person is criminally responsible; section 135.25
41 (kidnapping in the first degree); 150.20 (arson in the first degree);
42 subdivisions one and two of section 120.10 (assault in the first
43 degree); 125.20 (manslaughter in the first degree); [subdivisions one
44 and] paragraphs (a) and (b) of subdivision one, paragraphs (a) and (b)
45 of subdivision two, and paragraphs (a) and (b) of subdivision three of
46 section 130.35 (rape in the first degree); [subdivisions one and two of
47 section 130.50 (criminal sexual act in the first degree);] 130.70
48 (aggravated sexual abuse in the first degree); 140.30 (burglary in the
49 first degree); subdivision one of section 140.25 (burglary in the second
50 degree); 150.15 (arson in the second degree); 160.15 (robbery in the
51 first degree); subdivision two of section 160.10 (robbery in the second
52 degree) of this chapter; or section 265.03 of this chapter, where such
53 machine gun or such firearm is possessed on school grounds, as that
54 phrase is defined in subdivision fourteen of section 220.00 of this
55 chapter; or defined in this chapter as an attempt to commit murder in
56 the second degree or kidnapping in the first degree, or such conduct as
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1 a sexually motivated felony, where authorized pursuant to section 130.91
2 of [the penal law] this chapter.
3 § 7. Subdivision 2 of section 30.00 of the penal law, as amended by
4 section 38 of part WWW of chapter 59 of the laws of 2017, is amended to
5 read as follows:
6 2. A person thirteen, fourteen or, fifteen years of age is criminally
7 responsible for acts constituting murder in the second degree as defined
8 in subdivisions one and two of section 125.25 and in subdivision three
9 of such section provided that the underlying crime for the murder charge
10 is one for which such person is criminally responsible or for such
11 conduct as a sexually motivated felony, where authorized pursuant to
12 section 130.91 of this chapter; and a person fourteen or, fifteen years
13 of age is criminally responsible for acts constituting the crimes
14 defined in section 135.25 (kidnapping in the first degree); 150.20
15 (arson in the first degree); subdivisions one and two of section 120.10
16 (assault in the first degree); 125.20 (manslaughter in the first
17 degree); [subdivisions one and] paragraphs (a) and (b) of subdivision
18 one, paragraphs (a) and (b) of subdivision two and paragraphs (a) and
19 (b) of subdivision three of section 130.35 (rape in the first degree);
20 subdivisions one and two of section 130.50 (criminal sexual act in the
21 first degree); 130.70 (aggravated sexual abuse in the first degree);
22 140.30 (burglary in the first degree); subdivision one of section 140.25
23 (burglary in the second degree); 150.15 (arson in the second degree);
24 160.15 (robbery in the first degree); subdivision two of section 160.10
25 (robbery in the second degree) of this chapter; or section 265.03 of
26 this chapter, where such machine gun or such firearm is possessed on
27 school grounds, as that phrase is defined in subdivision fourteen of
28 section 220.00 of this chapter; or defined in this chapter as an attempt
29 to commit murder in the second degree or kidnapping in the first degree,
30 or for such conduct as a sexually motivated felony, where authorized
31 pursuant to section 130.91 of this chapter.
32 § 8. Paragraph (b) of subdivision 2 of section 35.15 of the penal law,
33 as amended by chapter 511 of the laws of 2004, is amended to read as
34 follows:
35 (b) He or she reasonably believes that such other person is committing
36 or attempting to commit a kidnapping, forcible rape, [forcible criminal
37 sexual act] forcible aggravated sexual abuse, or robbery; or
38 § 9. Paragraphs (a) and (c) of subdivision 1 of section 70.02 of the
39 penal law, paragraph (a) as amended by chapter 189 of the laws 2018 and
40 paragraph (c) as amended by chapter 368 of the laws of 2015, are amended
41 to read as follows:
42 (a) Class B violent felony offenses: an attempt to commit the class
43 A-I felonies of murder in the second degree as defined in section
44 125.25, kidnapping in the first degree as defined in section 135.25, and
45 arson in the first degree as defined in section 150.20; manslaughter in
46 the first degree as defined in section 125.20, aggravated manslaughter
47 in the first degree as defined in section 125.22, rape in the first
48 degree as defined in section 130.35, [criminal sexual act in the first
49 degree as defined in section 130.50,] aggravated sexual abuse in the
50 first degree as defined in section 130.70, course of sexual conduct
51 against a child in the first degree as defined in section 130.75;
52 assault in the first degree as defined in section 120.10, kidnapping in
53 the second degree as defined in section 135.20, burglary in the first
54 degree as defined in section 140.30, arson in the second degree as
55 defined in section 150.15, robbery in the first degree as defined in
56 section 160.15, sex trafficking as defined in paragraphs (a) and (b) of
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1 subdivision five of section 230.34, sex trafficking of a child as
2 defined in section 230.34-a, incest in the first degree as defined in
3 section 255.27, criminal possession of a weapon in the first degree as
4 defined in section 265.04, criminal use of a firearm in the first degree
5 as defined in section 265.09, criminal sale of a firearm in the first
6 degree as defined in section 265.13, aggravated assault upon a police
7 officer or a peace officer as defined in section 120.11, gang assault in
8 the first degree as defined in section 120.07, intimidating a victim or
9 witness in the first degree as defined in section 215.17, hindering
10 prosecution of terrorism in the first degree as defined in section
11 490.35, criminal possession of a chemical weapon or biological weapon in
12 the second degree as defined in section 490.40, and criminal use of a
13 chemical weapon or biological weapon in the third degree as defined in
14 section 490.47.
15 (c) Class D violent felony offenses: an attempt to commit any of the
16 class C felonies set forth in paragraph (b); reckless assault of a child
17 as defined in section 120.02, assault in the second degree as defined in
18 section 120.05, menacing a police officer or peace officer as defined in
19 section 120.18, stalking in the first degree, as defined in subdivision
20 one of section 120.60, strangulation in the second degree as defined in
21 section 121.12, rape in the second degree as defined in section 130.30,
22 [criminal sexual act in the second degree as defined in section 130.45,]
23 sexual abuse in the first degree as defined in section 130.65, course of
24 sexual conduct against a child in the second degree as defined in
25 section 130.80, aggravated sexual abuse in the third degree as defined
26 in section 130.66, facilitating a sex offense with a controlled
27 substance as defined in section 130.90, labor trafficking as defined in
28 paragraphs (a) and (b) of subdivision three of section 135.35, criminal
29 possession of a weapon in the third degree as defined in subdivision
30 five, six, seven, eight, nine or ten of section 265.02, criminal sale of
31 a firearm in the third degree as defined in section 265.11, intimidating
32 a victim or witness in the second degree as defined in section 215.16,
33 soliciting or providing support for an act of terrorism in the second
34 degree as defined in section 490.10, and making a terroristic threat as
35 defined in section 490.20, falsely reporting an incident in the first
36 degree as defined in section 240.60, placing a false bomb or hazardous
37 substance in the first degree as defined in section 240.62, placing a
38 false bomb or hazardous substance in a sports stadium or arena, mass
39 transportation facility or enclosed shopping mall as defined in section
40 240.63, and aggravated unpermitted use of indoor pyrotechnics in the
41 first degree as defined in section 405.18.
42 § 10. Paragraph b of subdivision 5 of section 120.40 of the penal law,
43 as amended by chapter 320 of the laws of 2006, is amended to read as
44 follows:
45 b. a crime defined in section 130.20, 130.25, 130.30, [130.40,
46 130.45,] 130.55, 130.60, 130.70, 255.25, 255.26 or 255.27;
47 § 11. Paragraph (d) of subdivision 2 and paragraph (h) of subdivision
48 3 of section 130.05 of the penal law, paragraph (d) of subdivision 2 as
49 amended by chapter 40 of the laws of 2004 and paragraph (h) of subdivi-
50 sion 3 as amended by section 2 of part G of chapter 501 of the laws of
51 2012, are amended to read as follows:
52 (d) Where the offense charged is rape in the third degree as defined
53 in [subdivision three] subdivision seven, eight or nine of section
54 130.25, [or criminal sexual act in the third degree as defined in subdi-
55 vision three of section 130.40,] in addition to forcible vaginal sexual
56 contact compulsion, circumstances under which, at the time of the act of
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1 intercourse, oral sexual [conduct] contact or anal sexual [conduct]
2 contact, the victim clearly expressed that he or she did not consent to
3 engage in such act, and a reasonable person in the actor's situation
4 would have understood such person's words and acts as an expression of
5 lack of consent to such act under all the circumstances.
6 (h) a client or patient and the actor is a health care provider or
7 mental health care provider charged with rape in the third degree as
8 defined in section 130.25, [criminal sexual act in the third degree as
9 defined in section 130.40,] aggravated sexual abuse in the fourth degree
10 as defined in section 130.65-a, or sexual abuse in the third degree as
11 defined in section 130.55, and the act of sexual conduct occurs during a
12 treatment session, consultation, interview, or examination; or
13 § 12. The opening paragraph of subdivision 3 of section 125.25 of the
14 penal law, as amended by chapter 264 of the laws of 2003, is amended to
15 read as follows:
16 Acting either alone or with one or more other persons, he commits or
17 attempts to commit robbery, burglary, kidnapping, arson, rape in the
18 first degree, [criminal sexual act in the first degree,] sexual abuse in
19 the first degree, aggravated sexual abuse, escape in the first degree,
20 or escape in the second degree, and, in the course of and in furtherance
21 of such crime or of immediate flight therefrom, he, or another partic-
22 ipant, if there be any, causes the death of a person other than one of
23 the participants; except that in any prosecution under this subdivision,
24 in which the defendant was not the only participant in the underlying
25 crime, it is an affirmative defense that the defendant:
26 § 13. Subdivision 5 of section 125.25 of the penal law, as amended by
27 chapter 320 of the laws of 2006, is amended to read as follows:
28 5. Being eighteen years old or more, while in the course of committing
29 rape in the first, second or third degree, [criminal sexual act in the
30 first, second or third degree,] sexual abuse in the first degree, aggra-
31 vated sexual abuse in the first, second, third or fourth degree, or
32 incest in the first, second or third degree, against a person less than
33 fourteen years old, he or she intentionally causes the death of such
34 person.
35 § 14. Subparagraph (vii) of paragraph (a) of subdivision 1 of section
36 125.27 of the penal law, as amended by chapter 264 of the laws of 2003,
37 is amended to read as follows:
38 (vii) the victim was killed while the defendant was in the course of
39 committing or attempting to commit and in furtherance of robbery,
40 burglary in the first degree or second degree, kidnapping in the first
41 degree, arson in the first degree or second degree, rape in the first
42 degree, [criminal sexual act in the first degree,] sexual abuse in the
43 first degree, aggravated sexual abuse in the first degree or escape in
44 the first degree, or in the course of and furtherance of immediate
45 flight after committing or attempting to commit any such crime or in the
46 course of and furtherance of immediate flight after attempting to commit
47 the crime of murder in the second degree; provided however, the victim
48 is not a participant in one of the aforementioned crimes and, provided
49 further that, unless the defendant's criminal liability under this
50 subparagraph is based upon the defendant having commanded another person
51 to cause the death of the victim or intended victim pursuant to section
52 20.00 of this chapter, this subparagraph shall not apply where the
53 defendant's criminal liability is based upon the conduct of another
54 pursuant to section 20.00 of this chapter; or
55 § 15. Subdivision 3 of section 130.10 of the penal law, as amended by
56 chapter 264 of the laws of 2003, is amended to read as follows:
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1 3. In any prosecution for the crime of rape in the third degree as
2 defined in section 130.25, [criminal sexual act in the third degree as
3 defined in section 130.40,] aggravated sexual abuse in the fourth degree
4 as defined in section 130.65-a, or sexual abuse in the third degree as
5 defined in section 130.55 in which incapacity to consent is based on the
6 circumstances set forth in paragraph (h) of subdivision three of section
7 130.05 of this article it shall be an affirmative defense that the
8 client or patient consented to such conduct charged after having been
9 expressly advised by the health care or mental health care provider that
10 such conduct was not performed for a valid medical purpose.
11 § 16. The opening paragraph and subdivision 2 of section 130.95 of the
12 penal law, as added by chapter 107 of the laws of 2006, are amended to
13 read as follows:
14 A person is guilty of predatory sexual assault when he or she commits
15 the crime of rape in the first degree, [criminal sexual act in the first
16 degree,] aggravated sexual abuse in the first degree, or course of sexu-
17 al conduct against a child in the first degree, as defined in this arti-
18 cle, and when:
19 2. He or she has engaged in conduct constituting the crime of rape in
20 the first degree, [criminal sexual act in the first degree,] aggravated
21 sexual abuse in the first degree, or course of sexual conduct against a
22 child in the first degree, as defined in this article, against one or
23 more additional persons; or
24 § 17. The opening paragraph of section 130.96 of the penal law, as
25 added by chapter 107 of the laws of 2006, is amended to read as follows:
26 A person is guilty of predatory sexual assault against a child when,
27 being eighteen years old or more, he or she commits the crime of rape in
28 the first degree, [criminal sexual act in the first degree,] aggravated
29 sexual abuse in the first degree, or course of sexual conduct against a
30 child in the first degree, as defined in this article, and the victim is
31 less than thirteen years old.
32 § 18. Subdivision 2 of section 240.75 of the penal law, as amended by
33 section 8 of part NN of chapter 55 of the laws of 2018, is amended to
34 read as follows:
35 2. A "specified offense" is an offense defined in section 120.00
36 (assault in the third degree); section 120.05 (assault in the second
37 degree); section 120.10 (assault in the first degree); section 120.13
38 (menacing in the first degree); section 120.14 (menacing in the second
39 degree); section 120.15 (menacing in the third degree); section 120.20
40 (reckless endangerment in the second degree); section 120.25 (reckless
41 endangerment in the first degree); section 120.45 (stalking in the
42 fourth degree); section 120.50 (stalking in the third degree); section
43 120.55 (stalking in the second degree); section 120.60 (stalking in the
44 first degree); section 121.11 (criminal obstruction of breathing or
45 blood circulation); section 121.12 (strangulation in the second degree);
46 section 121.13 (strangulation in the first degree); subdivision one of
47 section 125.15 (manslaughter in the second degree); subdivision one, two
48 or four of section 125.20 (manslaughter in the first degree); section
49 125.25 (murder in the second degree); section 130.20 (sexual miscon-
50 duct); section 130.25 (rape in the third degree); section 130.30 (rape
51 in the second degree); section 130.35 (rape in the first degree);
52 section 130.40 (criminal sexual act in the third degree); section 130.45
53 (criminal sexual act in the second degree); section 130.50 (criminal
54 sexual act in the first degree); section 130.52 (forcible touching);
55 section 130.53 (persistent sexual abuse); section 130.55 (sexual abuse
56 in the third degree); section 130.60 (sexual abuse in the second
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1 degree); section 130.65 (sexual abuse in the first degree); section
2 130.66 (aggravated sexual abuse in the third degree); section 130.67
3 (aggravated sexual abuse in the second degree); section 130.70 (aggra-
4 vated sexual abuse in the first degree); section 130.91 (sexually moti-
5 vated felony); section 130.95 (predatory sexual assault); section 130.96
6 (predatory sexual assault against a child); section 135.05 (unlawful
7 imprisonment in the second degree); section 135.10 (unlawful imprison-
8 ment in the first degree); section 135.60 (coercion in the third
9 degree); section 135.61 (coercion in the second degree); section 135.65
10 (coercion in the first degree); section 140.20 (burglary in the third
11 degree); section 140.25 (burglary in the second degree); section 140.30
12 (burglary in the first degree); section 145.00 (criminal mischief in the
13 fourth degree); section 145.05 (criminal mischief in the third degree);
14 section 145.10 (criminal mischief in the second degree); section 145.12
15 (criminal mischief in the first degree); section 145.14 (criminal
16 tampering in the third degree); section 215.50 (criminal contempt in the
17 second degree); section 215.51 (criminal contempt in the first degree);
18 section 215.52 (aggravated criminal contempt); section 240.25 (harass-
19 ment in the first degree); subdivision one, two or four of section
20 240.30 (aggravated harassment in the second degree); aggravated family
21 offense as defined in this section or any attempt or conspiracy to
22 commit any of the foregoing offenses where the defendant and the person
23 against whom the offense was committed were members of the same family
24 or household as defined in subdivision one of section 530.11 of the
25 criminal procedure law.
26 § 19. Section 255.26 of the penal law, as added by chapter 320 of the
27 laws of 2006, is amended to read as follows:
28 § 255.26 Incest in the second degree.
29 A person is guilty of incest in the second degree when he or she
30 commits the crime of rape in the second degree, as defined in section
31 130.30 of this part, [or criminal sexual act in the second degree, as
32 defined in section 130.45 of this part,] against a person whom he or she
33 knows to be related to him or her, whether through marriage or not, as
34 an ancestor, descendant, brother or sister of either the whole or the
35 half blood, uncle, aunt, nephew or niece.
36 Incest in the second degree is a class D felony.
37 § 20. Section 255.27 of the penal law, as added by chapter 320 of the
38 laws of 2006, is amended to read as follows:
39 § 255.27 Incest in the first degree.
40 A person is guilty of incest in the first degree when he or she
41 commits the crime of rape in the first degree, as defined in paragraph
42 (c) or (d) of subdivision [three or four] one, paragraph (c) or (d) of
43 subdivision two or paragraph (c) or (d) of subdivision three of section
44 130.35 of this part[, or criminal sexual act in the first degree, as
45 defined in subdivision three or four of section 130.50 of this part,]
46 against a person whom he or she knows to be related to him or her,
47 whether through marriage or not, as an ancestor, descendant, brother or
48 sister of either the whole or half blood, uncle, aunt, nephew or niece.
49 Incest in the first degree is a class B felony.
50 § 21. Subdivision 3 of section 485.05 of the penal law, as amended by
51 section 9 of part NN of chapter 55 of the laws of 2018, is amended to
52 read as follows:
53 3. A "specified offense" is an offense defined by any of the following
54 provisions of this chapter: section 120.00 (assault in the third
55 degree); section 120.05 (assault in the second degree); section 120.10
56 (assault in the first degree); section 120.12 (aggravated assault upon a
A. 794--C 9
1 person less than eleven years old); section 120.13 (menacing in the
2 first degree); section 120.14 (menacing in the second degree); section
3 120.15 (menacing in the third degree); section 120.20 (reckless endan-
4 germent in the second degree); section 120.25 (reckless endangerment in
5 the first degree); section 121.12 (strangulation in the second degree);
6 section 121.13 (strangulation in the first degree); subdivision one of
7 section 125.15 (manslaughter in the second degree); subdivision one, two
8 or four of section 125.20 (manslaughter in the first degree); section
9 125.25 (murder in the second degree); section 120.45 (stalking in the
10 fourth degree); section 120.50 (stalking in the third degree); section
11 120.55 (stalking in the second degree); section 120.60 (stalking in the
12 first degree); paragraph (a) of subdivision one, paragraph (a) of subdi-
13 vision two and paragraph (a) of subdivision three of section 130.35
14 (rape in the first degree); subdivision one of section 130.50 (criminal
15 sexual act in the first degree); subdivision one of section 130.65
16 (sexual abuse in the first degree); paragraph (a) of subdivision one of
17 section 130.67 (aggravated sexual abuse in the second degree); paragraph
18 (a) of subdivision one of section 130.70 (aggravated sexual abuse in the
19 first degree); section 135.05 (unlawful imprisonment in the second
20 degree); section 135.10 (unlawful imprisonment in the first degree);
21 section 135.20 (kidnapping in the second degree); section 135.25
22 (kidnapping in the first degree); section 135.60 (coercion in the third
23 degree); section 135.61 (coercion in the second degree); section 135.65
24 (coercion in the first degree); section 140.10 (criminal trespass in the
25 third degree); section 140.15 (criminal trespass in the second degree);
26 section 140.17 (criminal trespass in the first degree); section 140.20
27 (burglary in the third degree); section 140.25 (burglary in the second
28 degree); section 140.30 (burglary in the first degree); section 145.00
29 (criminal mischief in the fourth degree); section 145.05 (criminal
30 mischief in the third degree); section 145.10 (criminal mischief in the
31 second degree); section 145.12 (criminal mischief in the first degree);
32 section 150.05 (arson in the fourth degree); section 150.10 (arson in
33 the third degree); section 150.15 (arson in the second degree); section
34 150.20 (arson in the first degree); section 155.25 (petit larceny);
35 section 155.30 (grand larceny in the fourth degree); section 155.35
36 (grand larceny in the third degree); section 155.40 (grand larceny in
37 the second degree); section 155.42 (grand larceny in the first degree);
38 section 160.05 (robbery in the third degree); section 160.10 (robbery in
39 the second degree); section 160.15 (robbery in the first degree);
40 section 240.25 (harassment in the first degree); subdivision one, two or
41 four of section 240.30 (aggravated harassment in the second degree); or
42 any attempt or conspiracy to commit any of the foregoing offenses.
43 § 22. Subdivision 42 of section 1.20 of the criminal procedure law, as
44 amended by chapter 7 of the laws of 2007, is amended to read as follows:
45 42. "Juvenile offender" means (1) a person, thirteen years old who is
46 criminally responsible for acts constituting murder in the second degree
47 as defined in subdivisions one and two of section 125.25 of the penal
48 law, or such conduct as a sexually motivated felony, where authorized
49 pursuant to section 130.91 of the penal law; and (2) a person fourteen
50 or fifteen years old who is criminally responsible for acts constituting
51 the crimes defined in subdivisions one and two of section 125.25 (murder
52 in the second degree) and in subdivision three of such section provided
53 that the underlying crime for the murder charge is one for which such
54 person is criminally responsible; section 135.25 (kidnapping in the
55 first degree); 150.20 (arson in the first degree); subdivisions one and
56 two of section 120.10 (assault in the first degree); 125.20 (manslaught-
A. 794--C 10
1 er in the first degree); [subdivisions one and] paragraphs (a) and (b)
2 of subdivision one, paragraphs (a) and (b) of subdivision two and para-
3 graphs (a) and (b) of subdivision three of section 130.35 (rape in the
4 first degree); [subdivisions one and two of section 130.50 (criminal
5 sexual act in the first degree);] 130.70 (aggravated sexual abuse in the
6 first degree); 140.30 (burglary in the first degree); subdivision one of
7 section 140.25 (burglary in the second degree); 150.15 (arson in the
8 second degree); 160.15 (robbery in the first degree); subdivision two of
9 section 160.10 (robbery in the second degree) of the penal law; or
10 section 265.03 of the penal law, where such machine gun or such firearm
11 is possessed on school grounds, as that phrase is defined in subdivision
12 fourteen of section 220.00 of the penal law; or defined in the penal law
13 as an attempt to commit murder in the second degree or kidnapping in the
14 first degree, or such conduct as a sexually motivated felony, where
15 authorized pursuant to section 130.91 of the penal law.
16 § 23. Paragraphs (a) and (b) of subdivision 1, the opening paragraph
17 of subdivision 2 and paragraph (a) of subdivision 3 of section 140.20 of
18 the criminal procedure law, paragraphs (a) and (b) of subdivision 1 as
19 amended by chapter 324 of the laws of 1988, the opening paragraph of
20 subdivision 2 and paragraph (a) of subdivision 3 as amended by chapter
21 550 of the laws of 1987, are amended to read as follows:
22 (a) If the arrest is for an offense other than a class A, B, C or D
23 felony or a violation of section 130.25, [130.40,] 205.10, 205.17,
24 205.19 or 215.56 of the penal law committed in a town, but not in a
25 village thereof having a village court, and the town court of such town
26 is not available at the time, the arrested person may be brought before
27 the local criminal court of any village within such town or, any adjoin-
28 ing town, village embraced in whole or in part by such adjoining town,
29 or city of the same county; and
30 (b) If the arrest is for an offense other than a class A, B, C or D
31 felony or a violation of section 130.25, [130.40,] 205.10, 205.17,
32 205.19 or 215.56 of the penal law committed in a village having a
33 village court and such court is not available at the time, the arrested
34 person may be brought before the town court of the town embracing such
35 village or any other village court within such town, or, if such town or
36 village court is not available either, before the local criminal court
37 of any adjoining town, village embraced in whole or in part by such
38 adjoining town, or city of the same county; and
39 If the arrest is for an offense other than a class A, B, C or D felony
40 or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or
41 215.56 of the penal law, the arrested person need not be brought before
42 a local criminal court as provided in subdivision one, and the procedure
43 may instead be as follows:
44 (a) the arrest is for an offense other than a class A, B, C or D felo-
45 ny or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or
46 215.56 of the penal law, and
47 § 24. Paragraph (a) of subdivision 3 and the opening paragraph of
48 subdivision 4 of section 140.27 of the criminal procedure law, as
49 amended by chapter 550 of the laws of 1987, are amended to read as
50 follows:
51 (a) the arrest is for an offense other than a class A, B, C or D felo-
52 ny or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or
53 215.56 of the penal law and
54 If the arrest is for an offense other than a class A, B, C or D felony
55 or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or
56 215.56 of the penal law, the arrested person need not be brought before
A. 794--C 11
1 a local criminal court as provided in subdivision two, and the procedure
2 may instead be as follows:
3 § 25. Paragraph (a) of subdivision 2 and the opening paragraph of
4 subdivision 3 of section 140.40 of the criminal procedure law, as
5 amended by chapter 550 of the laws of 1987, are amended to read as
6 follows:
7 (a) the arrest is for an offense other than a class A, B, C or D felo-
8 ny or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or
9 215.56 of the penal law and
10 If the arrest is for an offense other than a class A, B, C or D felony
11 or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or
12 215.56 of the penal law, the arrested person need not be brought before
13 a local criminal court, as provided in subdivision one, and the proce-
14 dure may instead be as follows:
15 § 26. Subdivisions 2 and 3 of section 150.20 of the criminal procedure
16 law, as amended by chapter 550 of the laws of 1987, are amended to read
17 as follows:
18 2. (a) Whenever a police officer has arrested a person without a
19 warrant for an offense other than a class A, B, C or D felony or a
20 violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or 215.56
21 of the penal law pursuant to section 140.10, or (b) whenever a peace
22 officer, who is not authorized by law to issue an appearance ticket, has
23 arrested a person for an offense other than a class A, B, C or D felony
24 or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or
25 215.56 of the penal law pursuant to section 140.25, and has requested a
26 police officer to issue and serve upon such arrested person an appear-
27 ance ticket pursuant to subdivision four of section 140.27, or (c) when-
28 ever a person has been arrested for an offense other than a class A, B,
29 C or D felony or a violation of section 130.25, [130.40,] 205.10,
30 205.17, 205.19 or 215.56 of the penal law and has been delivered to the
31 custody of an appropriate police officer pursuant to section 140.40,
32 such police officer may, instead of bringing such person before a local
33 criminal court and promptly filing or causing the arresting peace offi-
34 cer or arresting person to file a local criminal court accusatory
35 instrument therewith, issue to and serve upon such person an appearance
36 ticket. The issuance and service of an appearance ticket under such
37 circumstances may be conditioned upon a deposit of pre-arraignment bail,
38 as provided in section 150.30.
39 3. A public servant other than a police officer, who is specially
40 authorized by state law or local law enacted pursuant to the provisions
41 of the municipal home rule law to issue and serve appearance tickets
42 with respect to designated offenses other than class A, B, C or D felo-
43 nies or violations of section 130.25, [130.40,] 205.10, 205.17, 205.19
44 or 215.56 of the penal law, may in such cases issue and serve upon a
45 person an appearance ticket when he has reasonable cause to believe that
46 such person has committed a crime, or has committed a petty offense in
47 his presence.
48 § 26-a. Paragraph (a) of subdivision 1 of section 150.20 of the crimi-
49 nal procedure law, as amended by section 1-a of part JJJ of chapter 59
50 of the laws of 2019, is amended to read as follows:
51 (a) Whenever a police officer is authorized pursuant to section 140.10
52 of this title to arrest a person without a warrant for an offense other
53 than a class A, B, C or D felony or a violation of section 130.25,
54 [130.40,] 205.10, 205.17, 205.19 or 215.56 of the penal law, he shall,
55 except as set out in paragraph (b) of this subdivision, subject to the
A. 794--C 12
1 provisions of subdivisions three and four of section 150.40 of this
2 title, instead issue to and serve upon such person an appearance ticket.
3 § 27. Subdivision (a) of section 190.71 of the criminal procedure law,
4 as amended by chapter 7 of the laws of 2007, is amended to read as
5 follows:
6 (a) Except as provided in subdivision six of section 200.20 of this
7 chapter, a grand jury may not indict (i) a person thirteen years of age
8 for any conduct or crime other than conduct constituting a crime defined
9 in subdivisions one and two of section 125.25 (murder in the second
10 degree) or such conduct as a sexually motivated felony, where authorized
11 pursuant to section 130.91 of the penal law; (ii) a person fourteen or
12 fifteen years of age for any conduct or crime other than conduct consti-
13 tuting a crime defined in subdivisions one and two of section 125.25
14 (murder in the second degree) and in subdivision three of such section
15 provided that the underlying crime for the murder charge is one for
16 which such person is criminally responsible; 135.25 (kidnapping in the
17 first degree); 150.20 (arson in the first degree); subdivisions one and
18 two of section 120.10 (assault in the first degree); 125.20 (manslaught-
19 er in the first degree); [subdivisions one and] paragraphs (a) and (b)
20 of subdivision one, paragraphs (a) and (b) of subdivision two and para-
21 graphs (a) and (b) of subdivision three of section 130.35 (rape in the
22 first degree); [subdivisions one and two of section 130.50 (criminal
23 sexual act in the first degree);] 130.70 (aggravated sexual abuse in the
24 first degree); 140.30 (burglary in the first degree); subdivision one of
25 section 140.25 (burglary in the second degree); 150.15 (arson in the
26 second degree); 160.15 (robbery in the first degree); subdivision two of
27 section 160.10 (robbery in the second degree) of the penal law; [subdi-
28 vision four of section 265.02 of the penal law, where such firearm is
29 possessed on school grounds, as that phrase is defined in subdivision
30 fourteen of section 220.00 of the penal law;] or section 265.03 of the
31 penal law, where such machine gun or such firearm is possessed on school
32 grounds, as that phrase is defined in subdivision fourteen of section
33 220.00 of the penal law; or defined in the penal law as an attempt to
34 commit murder in the second degree or kidnapping in the first degree, or
35 such conduct as a sexually motivated felony, where authorized pursuant
36 to section 130.91 of the penal law.
37 § 28. Subdivision 4 of section 722.20 of the criminal procedure law,
38 as added by section 1-a of part WWW of chapter 59 of the laws of 2017,
39 is amended to read as follows:
40 4. Notwithstanding the provisions of subdivisions two and three of
41 this section, the court shall, at the request of the district attorney,
42 order removal of an action against a juvenile offender to the family
43 court pursuant to the provisions of article seven hundred twenty-five of
44 this title if, upon consideration of the criteria specified in subdivi-
45 sion two of section 722.22 of this article, it is determined that to do
46 so would be in the interests of justice. Where, however, the felony
47 complaint charges the juvenile offender with murder in the second degree
48 as defined in section 125.25 of the penal law, rape in the first degree
49 as defined in paragraph (a) of subdivision one, paragraph (a) of subdi-
50 vision two and paragraph (a) of subdivision three of section 130.35 of
51 the penal law, [criminal sexual act in the first degree as defined in
52 subdivision one of section 130.50 of the penal law,] or an armed felony
53 as defined in paragraph (a) of subdivision forty-one of section 1.20 of
54 this chapter, a determination that such action be removed to the family
55 court shall, in addition, be based upon a finding of one or more of the
56 following factors: (i) mitigating circumstances that bear directly upon
A. 794--C 13
1 the manner in which the crime was committed; or (ii) where the defendant
2 was not the sole participant in the crime, the defendant's participation
3 was relatively minor although not so minor as to constitute a defense to
4 the prosecution; or (iii) possible deficiencies in proof of the crime.
5 § 29. Subdivision 5 of section 722.21 of the criminal procedure law,
6 as added by section 1-a of part WWW of chapter 59 of the laws of 2017,
7 is amended to read as follows:
8 5. Notwithstanding subdivisions two and three of this section, at the
9 request of the district attorney, the court shall order removal of an
10 action against an adolescent offender charged with an offense listed in
11 paragraph (a) of subdivision two of section 722.23 of this article, to
12 the family court pursuant to the provisions of article seven hundred
13 twenty-five of this title and upon consideration of the criteria speci-
14 fied in subdivision two of section 722.22 of this article, it is deter-
15 mined that to do so would be in the interests of justice. Where, howev-
16 er, the felony complaint charges the adolescent offender with murder in
17 the second degree as defined in section 125.25 of the penal law, rape in
18 the first degree as defined in paragraph (a) of subdivision one, para-
19 graph (a) of subdivision two and paragraph (a) of subdivision three of
20 section 130.35 of the penal law, [criminal sexual act in the first
21 degree as defined in subdivision one of section 130.50 of the penal
22 law,] or an armed felony as defined in paragraph (a) of subdivision
23 forty-one of section 1.20 of this chapter, a determination that such
24 action be removed to the family court shall, in addition, be based upon
25 a finding of one or more of the following factors: (i) mitigating
26 circumstances that bear directly upon the manner in which the crime was
27 committed; or (ii) where the defendant was not the sole participant in
28 the crime, the defendant's participation was relatively minor although
29 not so minor as to constitute a defense to the prosecution; or (iii)
30 possible deficiencies in proof of the crime.
31 § 30. Paragraph (b) of subdivision 1 of section 722.22 of the criminal
32 procedure law, as added by section 1-a of part WWW of chapter 59 of the
33 laws of 2017, is amended to read as follows:
34 (b) with the consent of the district attorney, order removal of an
35 action involving an indictment charging a juvenile offender with murder
36 in the second degree as defined in section 125.25 of the penal law; rape
37 in the first degree, as defined in paragraph (a) of subdivision one,
38 paragraph (a) of subdivision two and paragraph (a) of subdivision three
39 of section 130.35 of the penal law[; criminal sexual act in the first
40 degree, as defined in subdivision one of section 130.50 of the penal
41 law]; or an armed felony as defined in paragraph (a) of subdivision
42 forty-one of section 1.20 of this chapter, to the family court pursuant
43 to the provisions of article seven hundred twenty-five of this title if
44 the court finds one or more of the following factors: (i) mitigating
45 circumstances that bear directly upon the manner in which the crime was
46 committed; (ii) where the defendant was not the sole participant in the
47 crime, the defendant's participation was relatively minor although not
48 so minor as to constitute a defense to the prosecution; or (iii) possi-
49 ble deficiencies in the proof of the crime, and, after consideration of
50 the factors set forth in subdivision two of this section, the court
51 determined that removal of the action to the family court would be in
52 the interests of justice.
53 § 31. Subparagraph (iii) of paragraph (g) of subdivision 5 of section
54 220.10 of the criminal procedure law, as amended by chapter 264 of the
55 laws of 2003, is amended to read as follows:
A. 794--C 14
1 (iii) Where the indictment does not charge a crime specified in
2 subparagraph (i) of this paragraph, the district attorney may recommend
3 removal of the action to the family court. Upon making such recommenda-
4 tion the district attorney shall submit a subscribed memorandum setting
5 forth: (1) a recommendation that the interests of justice would best be
6 served by removal of the action to the family court; and (2) if the
7 indictment charges a thirteen year old with the crime of murder in the
8 second degree, or a fourteen or fifteen year old with the crimes of rape
9 in the first degree as defined in paragraph (a) of subdivision one,
10 paragraph (a) of subdivision two and paragraph (a) of subdivision three
11 of section 130.35 of the penal law, [or criminal sexual act in the first
12 degree as defined in subdivision one of section 130.50 of the penal
13 law,] or an armed felony as defined in paragraph (a) of subdivision
14 forty-one of section 1.20 of this chapter specific factors, one or more
15 of which reasonably supports the recommendation, showing, (i) mitigating
16 circumstances that bear directly upon the manner in which the crime was
17 committed, or (ii) where the defendant was not the sole participant in
18 the crime, that the defendant's participation was relatively minor
19 although not so minor as to constitute a defense to the prosecution, or
20 (iii) possible deficiencies in proof of the crime, or (iv) where the
21 juvenile offender has no previous adjudications of having committed a
22 designated felony act, as defined in subdivision eight of section 301.2
23 of the family court act, regardless of the age of the offender at the
24 time of commission of the act, that the criminal act was not part of a
25 pattern of criminal behavior and, in view of the history of the offen-
26 der, is not likely to be repeated.
27 § 32. Subdivision 6 of section 300.50 of the criminal procedure law,
28 as amended by chapter 264 of the laws of 2003, is amended to read as
29 follows:
30 6. For purposes of this section, the offenses of rape in the third
31 degree as defined in [subdivision three] subdivisions seven, eight and
32 nine of section 130.25 of the penal law [and criminal sexual act in the
33 third degree as defined in subdivision three of section 130.40 of the
34 penal law], are not lesser included offenses of rape in the first
35 degree[, criminal sexual act in the first degree] or any other offense.
36 Notwithstanding the foregoing, [either] any such offense may be submit-
37 ted as a lesser included offense of the applicable first degree offense
38 when (i) there is a reasonable view of the evidence which would support
39 a finding that the defendant committed such lesser offense but did not
40 commit the greater offense, and (ii) both parties consent to its
41 submission.
42 § 32-a. Subdivision 6 of section 380.50 of the criminal procedure law,
43 as separately amended by chapters 368 and 394 of the laws of 2015, is
44 amended to read as follows:
45 6. Regardless of whether the victim requests to make a statement with
46 regard to the defendant's sentence, where the defendant is sentenced for
47 a violent felony offense as defined in section 70.02 of the penal law or
48 a felony defined in article one hundred twenty-five of such law or any
49 of the following provisions of such law sections 130.25, 130.30,
50 [130.40, 130.45,] 255.25, 255.26, 255.27, article two hundred sixty-
51 three, 135.10, 135.25, 230.05, 230.06, 230.11, 230.12, 230.13, subdivi-
52 sion two of section 230.30 or 230.32, the prosecutor shall, within sixty
53 days of the imposition of sentence, provide the victim with a form,
54 prepared and distributed by the commissioner of the division of criminal
55 justice services, in consultation with the director of the office of
56 victim services, on which the victim may indicate a demand to be
A. 794--C 15
1 informed of any petition to change the name of such defendant. Such
2 forms shall be maintained by such prosecutor. Upon receipt of a notice
3 of a petition to change the name of any such defendant, pursuant to
4 subdivision two of section sixty-two of the civil rights law, the prose-
5 cutor shall promptly notify the victim at the most current address or
6 telephone number provided by such victim in the most reasonable and
7 expedient possible manner of the time and place such petition will be
8 presented to the court.
9 § 33. Paragraph (b) of subdivision 8 of section 700.05 of the criminal
10 procedure law, as amended by chapter 1 of the laws of 2019, is amended
11 to read as follows:
12 (b) Any of the following felonies: assault in the second degree as
13 defined in section 120.05 of the penal law, assault in the first degree
14 as defined in section 120.10 of the penal law, reckless endangerment in
15 the first degree as defined in section 120.25 of the penal law, promot-
16 ing a suicide attempt as defined in section 120.30 of the penal law,
17 strangulation in the second degree as defined in section 121.12 of the
18 penal law, strangulation in the first degree as defined in section
19 121.13 of the penal law, criminally negligent homicide as defined in
20 section 125.10 of the penal law, manslaughter in the second degree as
21 defined in section 125.15 of the penal law, manslaughter in the first
22 degree as defined in section 125.20 of the penal law, murder in the
23 second degree as defined in section 125.25 of the penal law, murder in
24 the first degree as defined in section 125.27 of the penal law, rape in
25 the third degree as defined in section 130.25 of the penal law, rape in
26 the second degree as defined in section 130.30 of the penal law, rape in
27 the first degree as defined in section 130.35 of the penal law, [crimi-
28 nal sexual act in the third degree as defined in section 130.40 of the
29 penal law, criminal sexual act in the second degree as defined in
30 section 130.45 of the penal law, criminal sexual act in the first degree
31 as defined in section 130.50 of the penal law,] sexual abuse in the
32 first degree as defined in section 130.65 of the penal law, unlawful
33 imprisonment in the first degree as defined in section 135.10 of the
34 penal law, kidnapping in the second degree as defined in section 135.20
35 of the penal law, kidnapping in the first degree as defined in section
36 135.25 of the penal law, labor trafficking as defined in section 135.35
37 of the penal law, aggravated labor trafficking as defined in section
38 135.37 of the penal law, custodial interference in the first degree as
39 defined in section 135.50 of the penal law, coercion in the first degree
40 as defined in section 135.65 of the penal law, criminal trespass in the
41 first degree as defined in section 140.17 of the penal law, burglary in
42 the third degree as defined in section 140.20 of the penal law, burglary
43 in the second degree as defined in section 140.25 of the penal law,
44 burglary in the first degree as defined in section 140.30 of the penal
45 law, criminal mischief in the third degree as defined in section 145.05
46 of the penal law, criminal mischief in the second degree as defined in
47 section 145.10 of the penal law, criminal mischief in the first degree
48 as defined in section 145.12 of the penal law, criminal tampering in the
49 first degree as defined in section 145.20 of the penal law, arson in the
50 fourth degree as defined in section 150.05 of the penal law, arson in
51 the third degree as defined in section 150.10 of the penal law, arson in
52 the second degree as defined in section 150.15 of the penal law, arson
53 in the first degree as defined in section 150.20 of the penal law, grand
54 larceny in the fourth degree as defined in section 155.30 of the penal
55 law, grand larceny in the third degree as defined in section 155.35 of
56 the penal law, grand larceny in the second degree as defined in section
A. 794--C 16
1 155.40 of the penal law, grand larceny in the first degree as defined in
2 section 155.42 of the penal law, health care fraud in the fourth degree
3 as defined in section 177.10 of the penal law, health care fraud in the
4 third degree as defined in section 177.15 of the penal law, health care
5 fraud in the second degree as defined in section 177.20 of the penal
6 law, health care fraud in the first degree as defined in section 177.25
7 of the penal law, robbery in the third degree as defined in section
8 160.05 of the penal law, robbery in the second degree as defined in
9 section 160.10 of the penal law, robbery in the first degree as defined
10 in section 160.15 of the penal law, unlawful use of secret scientific
11 material as defined in section 165.07 of the penal law, criminal
12 possession of stolen property in the fourth degree as defined in section
13 165.45 of the penal law, criminal possession of stolen property in the
14 third degree as defined in section 165.50 of the penal law, criminal
15 possession of stolen property in the second degree as defined by section
16 165.52 of the penal law, criminal possession of stolen property in the
17 first degree as defined by section 165.54 of the penal law, trademark
18 counterfeiting in the second degree as defined in section 165.72 of the
19 penal law, trademark counterfeiting in the first degree as defined in
20 section 165.73 of the penal law, forgery in the second degree as defined
21 in section 170.10 of the penal law, forgery in the first degree as
22 defined in section 170.15 of the penal law, criminal possession of a
23 forged instrument in the second degree as defined in section 170.25 of
24 the penal law, criminal possession of a forged instrument in the first
25 degree as defined in section 170.30 of the penal law, criminal
26 possession of forgery devices as defined in section 170.40 of the penal
27 law, falsifying business records in the first degree as defined in
28 section 175.10 of the penal law, tampering with public records in the
29 first degree as defined in section 175.25 of the penal law, offering a
30 false instrument for filing in the first degree as defined in section
31 175.35 of the penal law, issuing a false certificate as defined in
32 section 175.40 of the penal law, criminal diversion of prescription
33 medications and prescriptions in the second degree as defined in section
34 178.20 of the penal law, criminal diversion of prescription medications
35 and prescriptions in the first degree as defined in section 178.25 of
36 the penal law, residential mortgage fraud in the fourth degree as
37 defined in section 187.10 of the penal law, residential mortgage fraud
38 in the third degree as defined in section 187.15 of the penal law, resi-
39 dential mortgage fraud in the second degree as defined in section 187.20
40 of the penal law, residential mortgage fraud in the first degree as
41 defined in section 187.25 of the penal law, escape in the second degree
42 as defined in section 205.10 of the penal law, escape in the first
43 degree as defined in section 205.15 of the penal law, absconding from
44 temporary release in the first degree as defined in section 205.17 of
45 the penal law, promoting prison contraband in the first degree as
46 defined in section 205.25 of the penal law, hindering prosecution in the
47 second degree as defined in section 205.60 of the penal law, hindering
48 prosecution in the first degree as defined in section 205.65 of the
49 penal law, sex trafficking as defined in section 230.34 of the penal
50 law, sex trafficking of a child as defined in section 230.34-a of the
51 penal law, criminal possession of a weapon in the third degree as
52 defined in subdivisions two, three and five of section 265.02 of the
53 penal law, criminal possession of a weapon in the second degree as
54 defined in section 265.03 of the penal law, criminal possession of a
55 weapon in the first degree as defined in section 265.04 of the penal
56 law, manufacture, transport, disposition and defacement of weapons and
A. 794--C 17
1 dangerous instruments and appliances defined as felonies in subdivisions
2 one, two, and three of section 265.10 of the penal law, sections 265.11,
3 265.12 and 265.13 of the penal law, or prohibited use of weapons as
4 defined in subdivision two of section 265.35 of the penal law, relating
5 to firearms and other dangerous weapons, or failure to disclose the
6 origin of a recording in the first degree as defined in section 275.40
7 of the penal law;
8 § 34. Paragraph (a) of subdivision 2 of section 720.10 of the criminal
9 procedure law, as amended by chapter 316 of the laws of 2006, is amended
10 to read as follows:
11 (a) the conviction to be replaced by a youthful offender finding is
12 for (i) a class A-I or class A-II felony, or (ii) an armed felony as
13 defined in subdivision forty-one of section 1.20, except as provided in
14 subdivision three, or (iii) rape in the first degree[, criminal sexual
15 act in the first degree,] or aggravated sexual abuse, except as provided
16 in subdivision three, or
17 § 35. Paragraph (a) of subdivision 2 and paragraph (a) of subdivision
18 3 of section 168-a of the correction law, paragraph (a) of subdivision 2
19 as amended by chapter 405 of the laws of 2008, subparagraph (i) of para-
20 graph (a) of subdivision 2 as amended by chapter 189 of the laws of 2018
21 and paragraph (a) of subdivision 3 as amended by chapter 107 of the laws
22 of 2006, are amended to read as follows:
23 (a) (i) a conviction of or a conviction for an attempt to commit any
24 of the provisions of sections 120.70, 130.20, 130.25, 130.30, [130.40,
25 130.45,] 130.60, 230.34, 230.34-a 250.50, 255.25, 255.26 and 255.27 or
26 article two hundred sixty-three of the penal law, or section 135.05,
27 135.10, 135.20 or 135.25 of such law relating to kidnapping offenses,
28 provided the victim of such kidnapping or related offense is less than
29 seventeen years old and the offender is not the parent of the victim, or
30 section 230.04, where the person patronized is in fact less than seven-
31 teen years of age, 230.05, 230.06, 230.11, 230.12, 230.13, subdivision
32 two of section 230.30, section 230.32, 230.33, or 230.34 of the penal
33 law, or section 230.25 of the penal law where the person prostituted is
34 in fact less than seventeen years old, or (ii) a conviction of or a
35 conviction for an attempt to commit any of the provisions of section
36 235.22 of the penal law, or (iii) a conviction of or a conviction for an
37 attempt to commit any provisions of the foregoing sections committed or
38 attempted as a hate crime defined in section 485.05 of the penal law or
39 as a crime of terrorism defined in section 490.25 of such law or as a
40 sexually motivated felony defined in section 130.91 of such law; or
41 (a) (i) a conviction of or a conviction for an attempt to commit any
42 of the provisions of sections 130.35, [130.50,] 130.65, 130.66, 130.67,
43 130.70, 130.75, 130.80, 130.95 and 130.96 of the penal law, or (ii) a
44 conviction of or a conviction for an attempt to commit any of the
45 provisions of sections 130.53, 130.65-a and 130.90 of the penal law, or
46 (iii) a conviction of or a conviction for an attempt to commit any
47 provisions of the foregoing sections committed or attempted as a hate
48 crime defined in section 485.05 of the penal law or as a crime of
49 terrorism defined in section 490.25 of such law; or
50 § 36. Subparagraph (ii) of paragraph (a), subparagraphs (i) and (ii)
51 of paragraph (b) and paragraph (e) of subdivision 8 of section 384-b of
52 the social services law, subparagraph (ii) of paragraph (a) and subpara-
53 graph (i) of paragraph (b) as amended by chapter 430 of the laws of
54 2013, subparagraph (ii) of paragraph (b) as amended and paragraph (e) as
55 added by chapter 7 of the laws of 1999, are amended to read as follows:
A. 794--C 18
1 (ii) the child has been found to be an abused child, as defined in
2 paragraph (iii) of subdivision (e) of section ten hundred twelve of the
3 family court act, as a result of such parent's acts; provided, however,
4 the respondent must have committed or knowingly allowed to be committed
5 a felony sex offense as defined in sections 130.25, 130.30, 130.35,
6 [130.40, 130.45, 130.50,] 130.65, 130.67, 130.70, 130.75, 130.80, 130.95
7 and 130.96 of the penal law and, for the purposes of this section the
8 corroboration requirements contained in the penal law shall not apply to
9 proceedings under this section; or
10 (i) the child has been found to be an abused child, (A) as defined in
11 paragraph (i) of subdivision (e) of section ten hundred twelve of the
12 family court act, as a result of such parent's acts; or (B) as defined
13 in paragraph (iii) of subdivision (e) of section ten hundred twelve of
14 the family court act, as a result of such parent's acts; provided,
15 however, the respondent must have committed or knowingly allowed to be
16 committed a felony sex offense as defined in sections 130.25, 130.30,
17 130.35, [130.40, 130.45, 130.50,] 130.65, 130.67, 130.70, 130.75,
18 130.80, 130.95 and 130.96 of the penal law; and
19 (ii) (A) the child or another child for whose care such parent is or
20 has been legally responsible has been previously found, within the five
21 years immediately preceding the initiation of the proceeding in which
22 such abuse is found, to be an abused child, as defined in paragraph (i)
23 or (iii) of subdivision (e) of section ten hundred twelve of the family
24 court act, as a result of such parent's acts; provided, however, in the
25 case of a finding of abuse as defined in paragraph (iii) of subdivision
26 (e) of section ten hundred twelve of the family court act the respondent
27 must have committed or knowingly allowed to be committed a felony sex
28 offense as defined in sections 130.25, 130.30, 130.35, [130.40, 130.45,
29 130.50,] 130.65, 130.67, 130.70, 130.75 and 130.80 of the penal law, or
30 (B) the parent has been convicted of a crime under section 130.25,
31 130.30, 130.35, [130.40, 130.45, 130.50,] 130.65, 130.67, 130.70, 130.75
32 or 130.80 of the penal law against the child, a sibling of the child or
33 another child for whose care such parent is or has been legally respon-
34 sible, within the five year period immediately preceding the initiation
35 of the proceeding in which abuse is found; and
36 (e) A determination by the court in accordance with article ten of the
37 family court act based upon clear and convincing evidence that a child
38 was abused (A) as defined in paragraph (i) of subdivision (e) of section
39 ten hundred twelve of the family court act, as a result of such parent's
40 acts; or (B) as defined in paragraph (iii) of subdivision (e) of section
41 ten hundred twelve of the family court act, as a result of such parent's
42 acts; provided, however, the respondent must have committed or knowingly
43 allowed to be committed a felony sex offense as defined in sections
44 130.25, 130.30, 130.35, [130.40, 130.45, 130.50,] 130.65, 130.67,
45 130.70, 130.75 and 130.80 of the penal law shall establish that the
46 child was an abused child for the purpose of a determination as required
47 by subparagraph (i) or (ii) of paragraph (b) of this subdivision. Such a
48 determination by the court in accordance with article ten of the family
49 court act based upon a fair preponderance of evidence shall be admissi-
50 ble in any proceeding commenced in accordance with this section.
51 § 37. Paragraphs (a) and (b) of subdivision 4 of section 509-cc of the
52 vehicle and traffic law, paragraph (a) as amended by chapter 189 of the
53 laws of 2018 and paragraph (b) as amended by chapter 400 of the laws of
54 2011, are amended to read as follows:
55 (a) The offenses referred to in subparagraph (ii) of paragraph (a) of
56 subdivision one and paragraph (a) of subdivision two of this section
A. 794--C 19
1 that result in permanent disqualification shall include a conviction
2 under sections 125.12, 125.13, 125.14, 125.15, 125.20, 125.21, 125.22,
3 125.25, 125.26, 125.27, 130.30, 130.35, [130.45, 130.50,] 130.65,
4 130.66, 130.67, 130.70, 130.75, 130.80, 130.90, 130.95, 130.96, 135.25,
5 150.20, 230.30, 230.32, 230.34, 230.34-a, 235.22, 263.05, 263.10,
6 263.11, 263.15, 263.16 of the penal law or an attempt to commit any of
7 the aforesaid offenses under section 110.00 of the penal law, or any
8 offenses committed under a former section of the penal law which would
9 constitute violations of the aforesaid sections of the penal law, or any
10 offenses committed outside this state which would constitute violations
11 of the aforesaid sections of the penal law.
12 (b) The offenses referred to in subparagraph (ii) of paragraph (a) of
13 subdivision one and paragraph (b) of subdivision two of this section
14 that result in permanent disqualification shall include a conviction
15 under sections 100.13, 105.15, 105.17, 115.08, 120.12, 120.70, 125.10,
16 125.11, [130.40,] 130.53, 130.60, 130.65-a, 135.20, 160.15, 220.18,
17 220.21, 220.39, 220.41, 220.43, 220.44, 230.25, 260.00, 265.04 of the
18 penal law or an attempt to commit any of the aforesaid offenses under
19 section 110.00 of the penal law, or any offenses committed under a
20 former section of the penal law which would constitute violations of the
21 aforesaid sections of the penal law, or any offenses committed outside
22 this state which would constitute violations of the aforesaid sections
23 of the penal law.
24 § 38. Subdivision (b) of section 117 of the family court act, as
25 amended by chapter 7 of the laws of 2007, is amended to read as follows:
26 (b) For every juvenile delinquency proceeding under article three
27 involving an allegation of an act committed by a person which, if done
28 by an adult, would be a crime (i) defined in sections 125.27 (murder in
29 the first degree); 125.25 (murder in the second degree); 135.25 (kidnap-
30 ping in the first degree); or 150.20 (arson in the first degree) of the
31 penal law committed by a person thirteen, fourteen or fifteen years of
32 age; or such conduct committed as a sexually motivated felony, where
33 authorized pursuant to section 130.91 of the penal law; (ii) defined in
34 sections 120.10 (assault in the first degree); 125.20 (manslaughter in
35 the first degree); 130.35 (rape in the first degree); [130.50 (criminal
36 sexual act in the first degree);] 135.20 (kidnapping in the second
37 degree), but only where the abduction involved the use or threat of use
38 of deadly physical force; 150.15 (arson in the second degree); or 160.15
39 (robbery in the first degree) of the penal law committed by a person
40 thirteen, fourteen or fifteen years of age; or such conduct committed as
41 a sexually motivated felony, where authorized pursuant to section 130.91
42 of the penal law; (iii) defined in the penal law as an attempt to commit
43 murder in the first or second degree or kidnapping in the first degree
44 committed by a person thirteen, fourteen or fifteen years of age; or
45 such conduct committed as a sexually motivated felony, where authorized
46 pursuant to section 130.91 of the penal law; (iv) defined in section
47 140.30 (burglary in the first degree); subdivision one of section 140.25
48 (burglary in the second degree); subdivision two of section 160.10
49 (robbery in the second degree) of the penal law; or section 265.03 of
50 the penal law, where such machine gun or such firearm is possessed on
51 school grounds, as that phrase is defined in subdivision fourteen of
52 section 220.00 of the penal law committed by a person fourteen or
53 fifteen years of age; or such conduct committed as a sexually motivated
54 felony, where authorized pursuant to section 130.91 of the penal law;
55 (v) defined in section 120.05 (assault in the second degree) or 160.10
56 (robbery in the second degree) of the penal law committed by a person
A. 794--C 20
1 fourteen or fifteen years of age but only where there has been a prior
2 finding by a court that such person has previously committed an act
3 which, if committed by an adult, would be the crime of assault in the
4 second degree, robbery in the second degree or any designated felony act
5 specified in clause (i), (ii) or (iii) of this subdivision regardless of
6 the age of such person at the time of the commission of the prior act;
7 or (vi) other than a misdemeanor, committed by a person at least seven
8 but less than sixteen years of age, but only where there has been two
9 prior findings by the court that such person has committed a prior act
10 which, if committed by an adult would be a felony:
11 (i) There is hereby established in the family court in the city of New
12 York at least one "designated felony act part." Such part or parts shall
13 be held separate from all other proceedings of the court, and shall have
14 jurisdiction over all proceedings involving such an allegation. All such
15 proceedings shall be originated in or be transferred to this part from
16 other parts as they are made known to the court.
17 (ii) Outside the city of New York, all proceedings involving such an
18 allegation shall have a hearing preference over every other proceeding
19 in the court, except proceedings under article ten.
20 § 39. Paragraph (ii) of subdivision 8 of section 301.2 of the family
21 court act, as amended by section 57 of part WWW of chapter 59 of the
22 laws of 2017, is amended to read as follows:
23 (ii) defined in sections 120.10 (assault in the first degree); 125.20
24 (manslaughter in the first degree); 130.35 (rape in the first degree);
25 [130.50 (criminal sexual act in the first degree);] 130.70 (aggravated
26 sexual abuse in the first degree); 135.20 (kidnapping in the second
27 degree) but only where the abduction involved the use or threat of use
28 of deadly physical force; 150.15 (arson in the second degree) or 160.15
29 (robbery in the first degree) of the penal law committed by a person
30 thirteen, fourteen, fifteen, or sixteen, or, commencing October first,
31 two thousand nineteen, seventeen years of age; or such conduct committed
32 as a sexually motivated felony, where authorized pursuant to section
33 130.91 of the penal law;
34 § 40. Subdivision 4 of section 308.1 of the family court act, as
35 amended by chapter 264 of the laws of 2003, is amended to read as
36 follows:
37 4. The probation service shall not adjust a case in which the child
38 has allegedly committed a delinquent act which would be a crime defined
39 in section 120.25, (reckless endangerment in the first degree), subdivi-
40 sion one of section 125.15, (manslaughter in the second degree), [subdi-
41 vision] subdivisions one, two and three of section 130.25, (rape in the
42 third degree), [subdivision one of section 130.40, (criminal sexual act
43 in the third degree),] subdivision one or two of section 130.65, (sexual
44 abuse in the first degree), section 135.65, (coercion in the first
45 degree), section 140.20, (burglary in the third degree), section 150.10,
46 (arson in the third degree), section 160.05, (robbery in the third
47 degree), subdivision two, three or four of section 265.02, (criminal
48 possession of a weapon in the third degree), section 265.03, (criminal
49 possession of a weapon in the second degree), or section 265.04, (crimi-
50 nal possession of a dangerous weapon in the first degree) of the penal
51 law where the child has previously had one or more adjustments of a case
52 in which such child allegedly committed an act which would be a crime
53 specified in this subdivision unless it has received written approval
54 from the court and the appropriate presentment agency.
55 § 41. Subdivision (c) of section 1052 of the family court act, as
56 added by chapter 739 of the laws of 1981, is amended to read as follows:
A. 794--C 21
1 (c) Prior to granting an order of disposition pursuant to subdivision
2 (a) of this section following an adjudication of child abuse, as defined
3 in paragraph (i) of subdivision (e) of section ten hundred twelve of
4 this act or a finding of a felony sex offense as defined in sections
5 130.25, 130.30, 130.35, [130.40, 130.45, 130.50,] 130.65 and 130.70 of
6 the penal law, the court shall advise the respondent that any subsequent
7 adjudication of child abuse, as defined in paragraph (i) of subdivision
8 (e) of section one thousand twelve of this act or any subsequent finding
9 of a felony sex offense as defined in those sections of the penal law
10 herein enumerated, arising out of acts of the respondent may result in
11 the commitment of the guardianship and custody of the child or another
12 child pursuant to section three hundred eighty-four-b of the social
13 services law. The order in such cases shall contain a statement that any
14 subsequent adjudication of child abuse or finding of a felony sex
15 offense as described herein may result in the commitment of the guardi-
16 anship and custody of the child, or another child pursuant to section
17 three hundred eighty-four-b of the social services law.
18 § 42. Subdivision 2 of section 61 of the civil rights law, as amended
19 by section 54 of subpart B of part C of chapter 62 of the laws of 2011,
20 is amended to read as follows:
21 2. If the petitioner stands convicted of a violent felony offense as
22 defined in section 70.02 of the penal law or a felony defined in article
23 one hundred twenty-five of such law or any of the following provisions
24 of such law sections 130.25, 130.30, [130.40, 130.45,] 255.25, 255.26,
25 255.27, article two hundred sixty-three, 135.10, 135.25, 230.05, 230.06,
26 subdivision two of section 230.30 or 230.32, and is currently confined
27 as an inmate in any correctional facility or currently under the super-
28 vision of the department of corrections and community supervision or a
29 county probation department as a result of such conviction, the petition
30 shall for each such conviction specify such felony conviction, the date
31 of such conviction or convictions, and the court in which such
32 conviction or convictions were entered.
33 § 43. Subdivision 2 of section 62 of the civil rights law, as amended
34 by section 55 of subpart B of part C of chapter 62 of the laws of 2011,
35 is amended to read as follows:
36 2. If the petition be to change the name of a person currently
37 confined as an inmate in any correctional facility or currently under
38 the supervision of the department of corrections and community super-
39 vision or a county probation department as a result of a conviction for
40 a violent felony offense as defined in section 70.02 of the penal law or
41 a felony defined in article one hundred twenty-five of such law or any
42 of the following provisions of such law sections 130.25, 130.30,
43 [130.40, 130.45,] 255.25, 255.26, 255.27, article two hundred sixty-
44 three, 135.10, 135.25, 230.05, 230.06, subdivision two of section 230.30
45 or 230.32, notice of the time and place when and where the petition will
46 be presented shall be served, in like manner as a notice of a motion
47 upon an attorney in an action, upon the district attorney of every coun-
48 ty in which such person has been convicted of such felony and upon the
49 court or courts in which the sentence for such felony was entered.
50 Unless a shorter period of time is ordered by the court, said notice
51 shall be served upon each such district attorney and court or courts not
52 less than sixty days prior to the date on which such petition is noticed
53 to be heard.
54 § 44. The closing paragraph of section 64 of the civil rights law, as
55 separately amended by chapters 258, 320 and 481 of the laws of 2006, is
56 amended to read as follows:
A. 794--C 22
1 Upon compliance with the order and the filing of the affidavit of the
2 publication, as provided in this section, the clerk of the court in
3 which the order has been entered shall certify that the order has been
4 complied with; and, if the petition states that the petitioner stands
5 convicted of a violent felony offense as defined in section 70.02 of the
6 penal law or a felony defined in article one hundred twenty-five of such
7 law or any of the following provisions of such law sections 130.25,
8 130.30, [130.40, 130.45,] 255.25, 255.26, 255.27, article two hundred
9 sixty-three, 135.10, 135.25, 230.05, 230.06, subdivision two of section
10 230.30 or 230.32, such clerk (1) shall deliver, by first class mail, a
11 copy of such certified order to the division of criminal justice
12 services at its office in the county of Albany and (2) upon the clerk of
13 the court reviewing the petitioner's application for name change and
14 subsequent in-court inquiry, may, in the clerk's discretion, deliver, by
15 first class mail, the petitioner's new name with such certified order to
16 the court of competent jurisdiction which imposed the orders of support.
17 Such certification shall appear on the original order and on any certi-
18 fied copy thereof and shall be entered in the clerk's minutes of the
19 proceeding.
20 § 45. Section 213-c of the civil practice law and rules, as added by
21 chapter 3 of the laws of 2006, is amended to read as follows:
22 § 213-c. Action by victim of conduct constituting certain sexual
23 offenses. Notwithstanding any other limitation set forth in this arti-
24 cle, a civil claim or cause of action to recover from a defendant as
25 hereinafter defined, for physical, psychological or other injury or
26 condition suffered by a person as a result of acts by such defendant of
27 rape in the first degree as defined in section 130.35 of the penal law,
28 [or criminal sexual act in the first degree as defined in section 130.50
29 of the penal law,] or aggravated sexual abuse in the first degree as
30 defined in section 130.70 of the penal law, or course of sexual conduct
31 against a child in the first degree as defined in section 130.75 of the
32 penal law may be brought within five years. As used in this section, the
33 term "defendant" shall mean only a person who commits the acts described
34 in this section or who, in a criminal proceeding, could be charged with
35 criminal liability for the commission of such acts pursuant to section
36 20.00 of the penal law and shall not apply to any related civil claim or
37 cause of action arising from such acts. Nothing in this section shall be
38 construed to require that a criminal charge be brought or a criminal
39 conviction be obtained as a condition of bringing a civil cause of
40 action or receiving a civil judgment pursuant to this section or be
41 construed to require that any of the rules governing a criminal proceed-
42 ing be applicable to any such civil action.
43 § 46. Paragraph (b) of subdivision 8 of section 215 of the civil prac-
44 tice law and rules, as added by chapter 3 of the laws of 2006, is
45 amended to read as follows:
46 (b) Whenever it is shown that a criminal action against the same
47 defendant has been commenced with respect to the event or occurrence
48 from which a claim governed by this section arises, and such criminal
49 action is for rape in the first degree as defined in section 130.35 of
50 the penal law, [or criminal sexual act in the first degree as defined in
51 section 130.50 of the penal law,] or aggravated sexual abuse in the
52 first degree as defined in section 130.70 of the penal law, or course of
53 sexual conduct against a child in the first degree as defined in section
54 130.75 of the penal law, the plaintiff shall have at least five years
55 from the termination of the criminal action as defined in section 1.20
56 of the criminal procedure law in which to commence the civil action,
A. 794--C 23
1 notwithstanding that the time in which to commence such action has
2 already expired or has less than a year remaining.
3 § 47. Subdivision 11 of section 123 of the agriculture and markets
4 law, as amended by chapter 392 of the laws of 2004, and such section as
5 renumbered by section 18 of part T of chapter 59 of the laws of 2010, is
6 amended to read as follows:
7 11. The owner shall not be liable pursuant to subdivision six, seven,
8 eight, nine or ten of this section if the dog was coming to the aid or
9 defense of a person during the commission or attempted commission of a
10 murder, robbery, burglary, arson, rape in the first degree as defined in
11 paragraph (a) or (b) of subdivision one [or], paragraph (a) or (b) of
12 subdivision two or paragraph (a) or (b) of subdivision three of section
13 130.35 of the penal law[, criminal sexual act in the first degree as
14 defined in subdivision one or two of section 130.50 of the penal law] or
15 kidnapping within the dwelling or upon the real property of the owner of
16 the dog and the dog injured or killed the person committing such crimi-
17 nal activity.
18 § 48. Section 4 of the judiciary law, as amended by chapter 1 of the
19 laws of 2019, is amended to read as follows:
20 § 4. Sittings of courts to be public. The sittings of every court
21 within this state shall be public, and every citizen may freely attend
22 the same, except that in all proceedings and trials in cases for
23 divorce, seduction, rape, assault with intent to commit rape, [criminal
24 sexual act,] bastardy or filiation, the court may, in its discretion,
25 exclude therefrom all persons who are not directly interested therein,
26 excepting jurors, witnesses, and officers of the court.
27 § 49. Subdivision 2 of section 120.60 of the penal law, as amended by
28 chapter 434 of the laws of 2000, is amended to read as follows:
29 2. commits a class A misdemeanor defined in article one hundred thirty
30 of this chapter, or a class E felony defined in section 130.25, [130.40]
31 or 130.85 of this chapter, or a class D felony defined in section 130.30
32 [or 130.45] of this chapter.
33 § 50. Subdivision 1 of section 210.16 of the criminal procedure law,
34 as added by chapter 571 of the laws of 2007, is amended to read as
35 follows:
36 1. (a) In a case where an indictment or a superior court information
37 has been filed with a superior court which charges the defendant with a
38 felony offense enumerated in any section of article one hundred thirty
39 of the penal law where an act of "[sexual intercourse] vaginal sexual
40 contact", "oral sexual [conduct] contact" or "anal sexual [conduct]
41 contact," as those terms are defined in section 130.00 of the penal law,
42 is required as an essential element for the commission thereof, the
43 court shall, upon a request of the victim within six months of the date
44 of the crimes charged, order that the defendant submit to human immuno-
45 deficiency virus (HIV) related testing. Testing of a defendant shall be
46 ordered when the result would provide medical benefit to the victim or a
47 psychological benefit to the victim. Medical benefit shall be found when
48 the following elements are satisfied: (i) a decision is pending about
49 beginning, continuing, or discontinuing a medical intervention for the
50 victim; and (ii) the result of an HIV test of the accused could affect
51 that decision, and could provide relevant information beyond that which
52 would be provided by an HIV test of the victim. If testing the defendant
53 would provide medical benefit to the victim or a psychological benefit
54 to the victim, then the testing is to be conducted by a state, county,
55 or local public health officer designated by the order. Test results,
56 which shall not be disclosed to the court, shall be communicated to the
A. 794--C 24
1 defendant and the victim named in the order in accordance with the
2 provisions of section twenty-seven hundred eighty-five-a of the public
3 health law.
4 (b) For the purposes of this section, the terms "victim" and "appli-
5 cant" mean the person with whom the defendant is charged to have engaged
6 in an act of "[sexual intercourse] vaginal sexual contact", "oral sexual
7 [conduct] contact" or "anal sexual [conduct] contact", as those terms
8 are defined in section 130.00 of the penal law, where such conduct with
9 such victim was the basis for charging the defendant with an offense
10 specified in paragraph (a) of this subdivision.
11 § 51. Subdivision 1 of section 390.15 of the criminal procedure law,
12 as amended by chapter 264 of the laws of 2003, is amended to read as
13 follows:
14 1. (a) In any case where the defendant is convicted of a felony
15 offense enumerated in any section of article one hundred thirty of the
16 penal law, or any subdivision of section 130.20 of such law, where an
17 act of "[sexual intercourse] vaginal sexual contact", "oral sexual
18 [conduct] contact" or "anal sexual [conduct] contact," as those terms
19 are defined in section 130.00 of the penal law, is required as an essen-
20 tial element for the commission thereof, the court must, upon a request
21 of the victim, order that the defendant submit to human immunodeficiency
22 (HIV) related testing. The testing is to be conducted by a state, coun-
23 ty, or local public health officer designated by the order. Test
24 results, which shall not be disclosed to the court, shall be communi-
25 cated to the defendant and the victim named in the order in accordance
26 with the provisions of section twenty-seven hundred eighty-five-a of the
27 public health law, but such results and disclosure need not be completed
28 prior to the imposition of sentence.
29 (b) For the purposes of this section, the terms "defendant",
30 "conviction" and "sentence" mean and include, respectively, an "eligible
31 youth," a "youthful offender finding" and a "youthful offender sentence"
32 as those terms are defined in section 720.10 of this chapter. The term
33 "victim" means the person with whom the defendant engaged in an act of
34 "[sexual intercourse] vaginal sexual contact", "oral sexual [conduct]
35 contact" or "anal sexual [conduct] contact", as those terms are defined
36 in section 130.00 of the penal law, where such conduct with such victim
37 was the basis for the defendant's conviction of an offense specified in
38 paragraph (a) of this subdivision.
39 § 52. Subdivision 1 of section 347.1 of the family court act, as
40 amended by chapter 264 of the laws of 2003, is amended to read as
41 follows:
42 1. (a) In any proceeding where the respondent is found pursuant to
43 section 345.1 or 346.1 of this article, to have committed a felony
44 offense enumerated in any section of article one hundred thirty of the
45 penal law, or any subdivision of section 130.20 of such law, for which
46 an act of "[sexual intercourse] vaginal sexual contact", "oral sexual
47 [conduct] contact" or "anal sexual [conduct] contact", as those terms
48 are defined in section 130.00 of the penal law, is required as an essen-
49 tial element for the commission thereof, the court must, upon a request
50 of the victim, order that the respondent submit to human immunodeficien-
51 cy (HIV) related testing. The testing is to be conducted by a state,
52 county, or local public health officer designated by the order. Test
53 results, which shall not be disclosed to the court, shall be communi-
54 cated to the respondent and the victim named in the order in accordance
55 with the provisions of section twenty-seven hundred eighty-five-a of the
56 public health law.
A. 794--C 25
1 (b) For the purposes of this section, the term "victim" means the
2 person with whom the respondent engaged in an act of "[sexual inter-
3 course] vaginal sexual contact", "oral sexual [conduct] contact" or
4 "anal sexual [conduct] contact", as those terms are defined in section
5 130.00 of the penal law, where such conduct with such victim was the
6 basis for the court's finding that the respondent committed acts consti-
7 tuting one or more of the offenses specified in paragraph (a) of this
8 subdivision.
9 § 53. Subdivision (a) of section 130.16 of the penal law, as amended
10 by chapter 264 of the laws of 2003, is amended to read as follows:
11 (a) Establish that an attempt was made to engage the victim in [sexual
12 intercourse] vaginal sexual contact, oral sexual [conduct] contact, anal
13 sexual [conduct] contact, or sexual contact, as the case may be, at the
14 time of the occurrence; and
15 § 54. Section 130.20 of the penal law, as amended by chapter 1 of the
16 laws of 2000, subdivision 2 as amended by chapter 264 of the laws of
17 2003, is amended to read as follows:
18 § 130.20 Sexual misconduct.
19 A person is guilty of sexual misconduct when:
20 1. He or she engages in [sexual intercourse] vaginal sexual contact
21 with another person without such person's consent; or
22 2. He or she engages in oral sexual [conduct or anal sexual conduct]
23 contact with another person without such person's consent; or
24 3. He or she engages in anal sexual contact with another person with-
25 out such person's consent; or
26 4. He or she engages in sexual conduct with an animal or a dead human
27 body.
28 Sexual misconduct is a class A misdemeanor.
29 § 55. Paragraphs (a) and (b) of subdivision 1 of section 130.75 of the
30 penal law, as amended by chapter 264 of the laws of 2003, are amended to
31 read as follows:
32 (a) he or she engages in two or more acts of sexual conduct, which
33 includes at least one act of [sexual intercourse] vaginal sexual
34 contact, oral sexual [conduct] contact, anal sexual [conduct] contact or
35 aggravated sexual contact, with a child less than eleven years old; or
36 (b) he or she, being eighteen years old or more, engages in two or
37 more acts of sexual conduct, which include at least one act of [sexual
38 intercourse] vaginal sexual contact, oral sexual [conduct] contact, anal
39 sexual [conduct] contact or aggravated sexual contact, with a child less
40 than thirteen years old.
41 § 56. Subdivision 1 of section 235.00 of the penal law, as amended by
42 chapter 264 of the laws of 2003, is amended to read as follows:
43 1. "Obscene." Any material or performance is "obscene" if (a) the
44 average person, applying contemporary community standards, would find
45 that considered as a whole, its predominant appeal is to the prurient
46 interest in sex, and (b) it depicts or describes in a patently offensive
47 manner, actual or simulated: [sexual intercourse] vaginal sexual
48 contact, [criminal sexual act] oral sexual contact, anal sexual contact,
49 sexual bestiality, masturbation, sadism, masochism, excretion or lewd
50 exhibition of the genitals, and (c) considered as a whole, it lacks
51 serious literary, artistic, political, and scientific value. Predominant
52 appeal shall be judged with reference to ordinary adults unless it
53 appears from the character of the material or the circumstances of its
54 dissemination to be designed for children or other [specially] especial-
55 ly susceptible audience.
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1 § 57. Subdivision 2 of section 235.22 of the penal law, as amended by
2 chapter 264 of the laws of 2003, is amended to read as follows:
3 2. by means of such communication he importunes, invites or induces a
4 minor to engage in [sexual intercourse] vaginal sexual contact, oral
5 sexual [conduct] contact or anal sexual [conduct] contact, or sexual
6 contact with him, or to engage in a sexual performance, obscene sexual
7 performance, or sexual conduct for his benefit.
8 § 58. Section 255.25 of the penal law, as amended by chapter 320 of
9 the laws of 2006, is amended to read as follows:
10 § 255.25 Incest in the third degree.
11 A person is guilty of incest in the third degree when he or she
12 marries or engages in [sexual intercourse] vaginal sexual contact, oral
13 sexual [conduct] contact or anal sexual [conduct] contact with a person
14 whom he or she knows to be related to him or her, whether through
15 marriage or not, as an ancestor, descendant, brother or sister of either
16 the whole or the half blood, uncle, aunt, nephew or niece.
17 Incest in the third degree is a class E felony.
18 § 59. Subdivision 3 of section 263.00 of the penal law, as amended by
19 chapter 264 of the laws of 2003, is amended to read as follows:
20 3. "Sexual conduct" means actual or simulated [sexual intercourse]
21 vaginal sexual contact, oral sexual [conduct] contact, anal sexual
22 [conduct]contact, sexual bestiality, masturbation, sado-masochistic
23 abuse, or lewd exhibition of the genitals.
24 § 60. Subdivision 3 of section 60.42 of the criminal procedure law, as
25 amended by section 1 of part R of chapter 55 of the laws of 2019, is
26 amended to read as follows:
27 3. rebuts evidence introduced by the people of the victim's failure to
28 engage in [sexual intercourse] vaginal sexual contact, oral sexual
29 [conduct] contact, anal sexual [conduct] contact or sexual contact
30 during a given period of time; or
31 § 61. Subdivision 3 of section 344.4 of the family court act, as
32 amended by chapter 264 of the laws of 2003, is amended to read as
33 follows:
34 3. rebuts evidence introduced by the presentment agency of the
35 victim's failure to engage in [sexual intercourse] vaginal sexual
36 contact, oral sexual [conduct] contact, anal sexual [conduct] contact or
37 sexual contact during a given period of time; or
38 § 62. Subdivision 4 of section 170 of the domestic relations law, as
39 amended by chapter 264 of the laws of 2003, is amended to read as
40 follows:
41 (4) The commission of an act of adultery, provided that adultery for
42 the purposes of articles ten, eleven, and eleven-A of this chapter, is
43 hereby defined as the commission of an act of [sexual intercourse] vagi-
44 nal sexual contact, oral sexual [conduct] contact or anal sexual
45 [conduct] contact, voluntarily performed by the defendant, with a person
46 other than the plaintiff after the marriage of plaintiff and defendant.
47 Oral sexual [conduct] contact and anal sexual [conduct] contact include,
48 but are not limited to, sexual conduct as defined in subdivision two of
49 section 130.00 and subdivision [three] four of section 130.20 of the
50 penal law.
51 § 63. The first undesignated paragraph of section 135.61 of the penal
52 law, as added by section 2 of part NN of chapter 55 of the laws of 2018,
53 is amended to read as follows:
54 A person is guilty of coercion in the second degree when he or she
55 commits the crime of coercion in the third degree as defined in section
56 135.60 of this article and thereby compels or induces a person to engage
A. 794--C 27
1 in [sexual intercourse] vaginal sexual contact, oral sexual [conduct]
2 contact or anal sexual [conduct] contact as such terms are defined in
3 section [130 of the penal law] 130.00 of this title.
4 § 64. The first undesignated paragraph of section 230.11 of the penal
5 law, as added by chapter 368 of the laws of 2015, is amended to read as
6 follows:
7 A person is guilty of aggravated patronizing a minor for prostitution
8 in the third degree when, being twenty-one years old or more, he or she
9 patronizes a person for prostitution and the person patronized is less
10 than seventeen years old and the person guilty of patronizing engages in
11 [sexual intercourse] vaginal sexual contact, oral sexual [conduct]
12 contact, anal sexual [conduct] contact, or aggravated sexual [conduct]
13 contact as those terms are defined in section 130.00 of this part, with
14 the person patronized.
15 § 65. The first undesignated paragraph of section 230.12 of the penal
16 law, as added by chapter 368 of the laws of 2015, is amended to read as
17 follows:
18 A person is guilty of aggravated patronizing a minor for prostitution
19 in the second degree when, being eighteen years old or more, he or she
20 patronizes a person for prostitution and the person patronized is less
21 than fifteen years old and the person guilty of patronizing engages in
22 [sexual intercourse] vaginal sexual contact, oral sexual [conduct]
23 contact, anal sexual [conduct] contact, or aggravated sexual [conduct]
24 contact as those terms are defined in section 130.00 of this part, with
25 the person patronized.
26 § 66. The first undesignated paragraph of section 230.13 of the penal
27 law, as added by chapter 368 of the laws of 2015, is amended to read as
28 follows:
29 A person is guilty of aggravated patronizing a minor for prostitution
30 in the first degree when he or she patronizes a person for prostitution
31 and the person patronized is less than eleven years old, or being eigh-
32 teen years old or more, he or she patronizes a person for prostitution
33 and the person patronized is less than thirteen years old, and the
34 person guilty of patronizing engages in [sexual intercourse] vaginal
35 sexual contact, oral sexual [conduct] contact, anal sexual [conduct]
36 contact, or aggravated sexual [conduct] contact as those terms are
37 defined in section 130.00 of this part, with the person patronized.
38 § 67. Subdivision 4 of section 200 of the domestic relations law, as
39 amended by chapter 264 of the laws of 2003, is amended to read as
40 follows:
41 4. The commission of an act of adultery by the defendant; except where
42 such offense is committed by the procurement or with the connivance of
43 the plaintiff or where there is voluntary cohabitation of the parties
44 with the knowledge of the offense or where action was not commenced
45 within five years after the discovery by the plaintiff of the offense
46 charged or where the plaintiff has also been guilty of adultery under
47 such circumstances that the defendant would have been entitled, if inno-
48 cent, to a divorce, provided that adultery for the purposes of this
49 subdivision is hereby defined as the commission of an act of [sexual
50 intercourse] vaginal sexual contact, oral sexual [conduct] contact or
51 anal sexual [conduct] contact, voluntarily performed by the defendant,
52 with a person other than the plaintiff after the marriage of plaintiff
53 and defendant. Oral sexual [conduct] contact and anal sexual [conduct]
54 contact include, but are not limited to, sexual conduct as defined in
55 subdivision two of section 130.00 and subdivision [three] four of
56 section 130.20 of the penal law.
A. 794--C 28
1 § 68. This act shall take effect January 1, 2021 and shall apply to
2 any offense on or after such effective date; provided, however, that if
3 section 1-a of part JJJ of chapter 59 of the laws of 2019 shall not have
4 taken effect on or before such date then section twenty-six-a of this
5 act shall take effect on the same date and in the same manner as such
6 chapter of the laws of 2019, takes effect. As it pertains to the
7 repealed sections of law, nothing in this act shall affect a requirement
8 to register pursuant to article 6-C of the correction law; a lawfully
9 required disclosure of a conviction; any restriction or prohibition for
10 certain types of employment, housing, or government benefit; or any
11 other ongoing matter related to a conviction of the sections repealed in
12 this act.