S T A T E O F N E W Y O R K
________________________________________________________________________
3339--A
2013-2014 Regular Sessions
I N A S S E M B L Y
January 24, 2013
___________
Introduced by M. of A. SIMOTAS, COLTON, AUBRY, SCARBOROUGH, MARKEY,
ENGLEBRIGHT, BRAUNSTEIN, DenDEKKER, BRINDISI, MORELLE, JAFFEE, MILL-
MAN, ZEBROWSKI, GUNTHER, LAVINE, MOYA, TITONE, PERRY, CLARK, COOK,
ROBERTS, HOOPER, BOYLAND, WEPRIN, SANTABARBARA, SKOUFIS, ROZIC,
GABRYSZAK, WEISENBERG -- Multi-Sponsored by -- M. of A. ARROYO, BREN-
NAN, BUCHWALD, CORWIN, DUPREY, FINCH, FITZPATRICK, GALEF, GLICK,
GOODELL, HIKIND, LUPARDO, MALLIOTAKIS, McDONOUGH, MONTESANO, RA,
ROBINSON, SCHIMEL, SWEENEY, WALTER -- read once and referred to the
Committee on Codes -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the penal law, the criminal procedure law, the
correction law, the social services law, the vehicle and traffic law,
the family court act, the civil rights law, the civil practice law and
rules, the agriculture and markets law and the judiciary 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2 REPEALED.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 S 2. Subdivision 1 of section 130.00 of the penal law is amended to
4 read as follows:
5 1. "Sexual intercourse" [has its ordinary meaning and occurs upon any
6 penetration, however slight] MEANS CONDUCT BETWEEN PERSONS CONSISTING OF
7 CONTACT BETWEEN THE PENIS AND THE VAGINA OR VULVA.
8 S 3. Section 130.25 of the penal law, as amended by chapter 1 of the
9 laws of 2000, is amended to read as follows:
10 S 130.25 Rape in the third degree.
11 A person is guilty of rape in the third degree when:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02734-08-3
A. 3339--A 2
1 1. He or she engages in sexual intercourse with another person who is
2 incapable of consent by reason of some factor other than being less than
3 seventeen years old;
4 2. HE OR SHE ENGAGES IN ORAL SEXUAL CONDUCT OR ANAL SEXUAL CONDUCT
5 WITH ANOTHER PERSON WHO IS INCAPABLE OF CONSENT BY REASON OF SOME FACTOR
6 OTHER THAN BEING LESS THAN SEVENTEEN YEARS OLD;
7 3. Being twenty-one years old or more, he or she engages in sexual
8 intercourse with another person less than seventeen years old; [or
9 3.] 4. BEING TWENTY-ONE YEARS OLD OR MORE, HE OR SHE ENGAGES IN ORAL
10 SEXUAL CONDUCT OR ANAL SEXUAL CONDUCT WITH ANOTHER PERSON LESS THAN
11 SEVENTEEN YEARS OLD;
12 5. He or she engages in sexual intercourse with another person without
13 such person's consent where such lack of consent is by reason of some
14 factor other than incapacity to consent[.]; OR
15 6. HE OR SHE ENGAGES IN ORAL SEXUAL CONDUCT OR ANAL SEXUAL CONDUCT
16 WITH ANOTHER PERSON WITHOUT SUCH PERSON'S CONSENT WHERE SUCH LACK OF
17 CONSENT IS BY REASON OF SOME FACTOR OTHER THAN INCAPACITY TO CONSENT.
18 Rape in the third degree is a class E felony.
19 S 4. Section 130.30 of the penal law, as amended by chapter 1 of the
20 laws of 2000, is amended to read as follows:
21 S 130.30 Rape in the second degree.
22 A person is guilty of rape in the second degree when:
23 1. being eighteen years old or more, he or she engages in sexual
24 intercourse with another person less than fifteen years old; [or]
25 2. BEING EIGHTEEN YEARS OLD OR MORE, HE OR SHE ENGAGES IN ORAL SEXUAL
26 CONDUCT OR ANAL SEXUAL CONDUCT WITH ANOTHER PERSON LESS THAN FIFTEEN
27 YEARS OLD;
28 3. he or she engages in sexual intercourse with another person who is
29 incapable of consent by reason of being mentally disabled or mentally
30 incapacitated[.] ; OR
31 4. HE OR SHE ENGAGES IN ORAL SEXUAL CONDUCT OR ANAL SEXUAL CONDUCT
32 WITH ANOTHER PERSON WHO IS INCAPABLE OF CONSENT BY REASON OF BEING
33 MENTALLY DISABLED OR MENTALLY INCAPACITATED.
34 It shall be an affirmative defense to the crime of rape in the second
35 degree as defined in [subdivision] SUBDIVISIONS one AND TWO of this
36 section that the defendant was less than four years older than the
37 victim at the time of the act.
38 Rape in the second degree is a class D felony.
39 S 5. Section 130.35 of the penal law, as amended by chapter 1 of the
40 laws of 2000, is amended to read as follows:
41 S 130.35 Rape in the first degree.
42 A person is guilty of rape in the first degree when:
43 1. he or she engages in sexual intercourse with another person:
44 [1.] (A) By forcible compulsion; or
45 [2.] (B) Who is incapable of consent by reason of being physically
46 helpless; or
47 [3.] (C) Who is less than eleven years old; or
48 [4.] (D) Who is less than thirteen years old and the actor is eighteen
49 years old or more[.]; OR
50 2. HE OR SHE ENGAGES IN ORAL SEXUAL CONDUCT OR ANAL SEXUAL CONDUCT
51 WITH ANOTHER PERSON:
52 (A) BY FORCIBLE COMPULSION; OR
53 (B) WHO IS INCAPABLE OF CONSENT BY REASON OF BEING PHYSICALLY HELP-
54 LESS; OR
55 (C) WHO IS LESS THAN ELEVEN YEARS OLD; OR
A. 3339--A 3
1 (D) WHO IS LESS THAN THIRTEEN YEARS OLD AND THE ACTOR IS EIGHTEEN
2 YEARS OLD OR MORE.
3 Rape in the first degree is a class B felony.
4 S 6. Paragraph 2 of subdivision 18 of section 10.00 of the penal law,
5 as amended by chapter 7 of the laws of 2007, is amended to read as
6 follows:
7 (2) a person fourteen or fifteen years old who is criminally responsi-
8 ble for acts constituting the crimes defined in subdivisions one and two
9 of section 125.25 (murder in the second degree) and in subdivision three
10 of such section provided that the underlying crime for the murder charge
11 is one for which such person is criminally responsible; section 135.25
12 (kidnapping in the first degree); 150.20 (arson in the first degree);
13 subdivisions one and two of section 120.10 (assault in the first
14 degree); 125.20 (manslaughter in the first degree); [subdivisions one
15 and] PARAGRAPHS (A) AND (B) OF SUBDIVISION ONE AND PARAGRAPHS (A) AND
16 (B) OF SUBDIVISION two of section 130.35 (rape in the first degree);
17 [subdivisions one and two of section 130.50 (criminal sexual act in the
18 first degree);] 130.70 (aggravated sexual abuse in the first degree);
19 140.30 (burglary in the first degree); subdivision one of section 140.25
20 (burglary in the second degree); 150.15 (arson in the second degree);
21 160.15 (robbery in the first degree); subdivision two of section 160.10
22 (robbery in the second degree) of this chapter; or section 265.03 of
23 this chapter, where such machine gun or such firearm is possessed on
24 school grounds, as that phrase is defined in subdivision fourteen of
25 section 220.00 of this chapter; or defined in this chapter as an attempt
26 to commit murder in the second degree or kidnapping in the first degree,
27 or such conduct as a sexually motivated felony, where authorized pursu-
28 ant to section 130.91 of [the penal law] THIS CHAPTER.
29 S 7. Subdivision 2 of section 30.00 of the penal law, as amended by
30 chapter 7 of the laws of 2007, is amended to read as follows:
31 2. A person thirteen, fourteen or fifteen years of age is criminally
32 responsible for acts constituting murder in the second degree as defined
33 in subdivisions one and two of section 125.25 and in subdivision three
34 of such section provided that the underlying crime for the murder charge
35 is one for which such person is criminally responsible or for such
36 conduct as a sexually motivated felony, where authorized pursuant to
37 section 130.91 [of the penal law]; and a person fourteen or fifteen
38 years of age is criminally responsible for acts constituting the crimes
39 defined in section 135.25 (kidnapping in the first degree); 150.20
40 (arson in the first degree); subdivisions one and two of section 120.10
41 (assault in the first degree); 125.20 (manslaughter in the first
42 degree); [subdivisions one and] PARAGRAPHS (A) AND (B) OF SUBDIVISION
43 ONE AND PARAGRAPHS (A) AND (B) OF SUBDIVISION two of section 130.35
44 (rape in the first degree); [subdivisions one and two of section 130.50
45 (criminal sexual act in the first degree); 130.70 (aggravated sexual
46 abuse in the first degree);] 140.30 (burglary in the first degree);
47 subdivision one of section 140.25 (burglary in the second degree);
48 150.15 (arson in the second degree); 160.15 (robbery in the first
49 degree); subdivision two of section 160.10 (robbery in the second
50 degree) of this chapter; or section 265.03 of this chapter, where such
51 machine gun or such firearm is possessed on school grounds, as that
52 phrase is defined in subdivision fourteen of section 220.00 of this
53 chapter; or defined in this chapter as an attempt to commit murder in
54 the second degree or kidnapping in the first degree, or for such conduct
55 as a sexually motivated felony, where authorized pursuant to section
56 130.91 of [the penal law] THIS CHAPTER.
A. 3339--A 4
1 S 8. Paragraph (b) of subdivision 2 of section 35.15 of the penal law,
2 as amended by chapter 511 of the laws of 2004, is amended to read as
3 follows:
4 (b) He or she reasonably believes that such other person is committing
5 or attempting to commit a kidnapping, forcible rape, [forcible criminal
6 sexual act] FORCIBLE AGGRAVATED SEXUAL ABUSE, or robbery; or
7 S 9. The opening paragraph of subdivision 3 of section 125.25 of the
8 penal law, as amended by chapter 264 of the laws of 2003, is amended to
9 read as follows:
10 Acting either alone or with one or more other persons, he commits or
11 attempts to commit robbery, burglary, kidnapping, arson, rape in the
12 first degree, [criminal sexual act in the first degree,] sexual abuse in
13 the first degree, aggravated sexual abuse, escape in the first degree,
14 or escape in the second degree, and, in the course of and in furtherance
15 of such crime or of immediate flight therefrom, he, or another partic-
16 ipant, if there be any, causes the death of a person other than one of
17 the participants; except that in any prosecution under this subdivision,
18 in which the defendant was not the only participant in the underlying
19 crime, it is an affirmative defense that the defendant:
20 S 10. Paragraphs (a) and (c) of subdivision 1 of section 70.02 of the
21 penal law, paragraph (a) as amended by chapter 320 of the laws of 2006
22 and paragraph (c) as amended by chapter 1 of the laws of 2013, are
23 amended to read as follows:
24 (a) Class B violent felony offenses: an attempt to commit the class
25 A-I felonies of murder in the second degree as defined in section
26 125.25, kidnapping in the first degree as defined in section 135.25, and
27 arson in the first degree as defined in section 150.20; manslaughter in
28 the first degree as defined in section 125.20, aggravated manslaughter
29 in the first degree as defined in section 125.22, rape in the first
30 degree as defined in section 130.35, [criminal sexual act in the first
31 degree as defined in section 130.50,] aggravated sexual abuse in the
32 first degree as defined in section 130.70, course of sexual conduct
33 against a child in the first degree as defined in section 130.75;
34 assault in the first degree as defined in section 120.10, kidnapping in
35 the second degree as defined in section 135.20, burglary in the first
36 degree as defined in section 140.30, arson in the second degree as
37 defined in section 150.15, robbery in the first degree as defined in
38 section 160.15, incest in the first degree as defined in section 255.27,
39 criminal possession of a weapon in the first degree as defined in
40 section 265.04, criminal use of a firearm in the first degree as defined
41 in section 265.09, criminal sale of a firearm in the first degree as
42 defined in section 265.13, aggravated assault upon a police officer or a
43 peace officer as defined in section 120.11, gang assault in the first
44 degree as defined in section 120.07, intimidating a victim or witness in
45 the first degree as defined in section 215.17, hindering prosecution of
46 terrorism in the first degree as defined in section 490.35, criminal
47 possession of a chemical weapon or biological weapon in the second
48 degree as defined in section 490.40, and criminal use of a chemical
49 weapon or biological weapon in the third degree as defined in section
50 490.47.
51 (c) Class D violent felony offenses: an attempt to commit any of the
52 class C felonies set forth in paragraph (b); reckless assault of a child
53 as defined in section 120.02, assault in the second degree as defined in
54 section 120.05, menacing a police officer or peace officer as defined in
55 section 120.18, stalking in the first degree, as defined in subdivision
56 one of section 120.60, strangulation in the second degree as defined in
A. 3339--A 5
1 section 121.12, rape in the second degree as defined in section 130.30,
2 [criminal sexual act in the second degree as defined in section 130.45,]
3 sexual abuse in the first degree as defined in section 130.65, course of
4 sexual conduct against a child in the second degree as defined in
5 section 130.80, aggravated sexual abuse in the third degree as defined
6 in section 130.66, facilitating a sex offense with a controlled
7 substance as defined in section 130.90, criminal possession of a weapon
8 in the third degree as defined in subdivision five, six, seven, eight,
9 nine or ten of section 265.02, criminal sale of a firearm in the third
10 degree as defined in section 265.11, intimidating a victim or witness in
11 the second degree as defined in section 215.16, soliciting or providing
12 support for an act of terrorism in the second degree as defined in
13 section 490.10, and making a terroristic threat as defined in section
14 490.20, falsely reporting an incident in the first degree as defined in
15 section 240.60, placing a false bomb or hazardous substance in the first
16 degree as defined in section 240.62, placing a false bomb or hazardous
17 substance in a sports stadium or arena, mass transportation facility or
18 enclosed shopping mall as defined in section 240.63, [and] OR aggravated
19 unpermitted use of indoor pyrotechnics in the first degree as defined in
20 section 405.18.
21 S 11. Paragraph b of subdivision 5 of section 120.40 of the penal law,
22 as amended by chapter 320 of the laws of 2006, is amended to read as
23 follows:
24 b. a crime defined in section 130.20, 130.25, 130.30, [130.40,
25 130.45,] 130.55, 130.60, 130.70, 255.25, 255.26 or 255.27;
26 S 12. Paragraph (d) of subdivision 2 and paragraph (h) of subdivision
27 3 of section 130.05 of the penal law, paragraph (d) of subdivision 2 as
28 amended by chapter 40 of the laws of 2004 and paragraph (h) of subdivi-
29 sion 3 as amended by section 2 of part G of chapter 501 of the laws of
30 2012, are amended to read as follows:
31 (d) Where the offense charged is rape in the third degree as defined
32 in [subdivision three] SUBDIVISIONS FIVE AND SIX of section 130.25, [or
33 criminal sexual act in the third degree as defined in subdivision three
34 of section 130.40,] in addition to forcible compulsion, circumstances
35 under which, at the time of the act of intercourse, oral sexual conduct
36 or anal sexual conduct, the victim clearly expressed that he or she did
37 not consent to engage in such act, and a reasonable person in the
38 actor's situation would have understood such person's words and acts as
39 an expression of lack of consent to such act under all the circum-
40 stances.
41 (h) a client or patient and the actor is a health care provider or
42 mental health care provider charged with rape in the third degree as
43 defined in section 130.25, [criminal sexual act in the third degree as
44 defined in section 130.40,] aggravated sexual abuse in the fourth degree
45 as defined in section 130.65-a, or sexual abuse in the third degree as
46 defined in section 130.55, and the act of sexual conduct occurs during a
47 treatment session, consultation, interview, or examination; or
48 S 13. The opening paragraph of subdivision 3 of section 125.25 of the
49 penal law, as amended by chapter 264 of the laws of 2003, is amended to
50 read as follows:
51 Acting either alone or with one or more other persons, he commits or
52 attempts to commit robbery, burglary, kidnapping, arson, rape in the
53 first degree, [criminal sexual act in the first degree], sexual abuse in
54 the first degree, aggravated sexual abuse, escape in the first degree,
55 or escape in the second degree, and, in the course of and in furtherance
56 of such crime or of immediate flight therefrom, he, or another partic-
A. 3339--A 6
1 ipant, if there be any, causes the death of a person other than one of
2 the participants; except that in any prosecution under this subdivision,
3 in which the defendant was not the only participant in the underlying
4 crime, it is an affirmative defense that the defendant:
5 S 14. Subdivision 5 of section 125.25 of the penal law, as amended by
6 chapter 320 of the laws of 2006, is amended to read as follows:
7 5. Being eighteen years old or more, while in the course of committing
8 rape in the first, second or third degree, [criminal sexual act in the
9 first, second or third degree,] sexual abuse in the first degree, aggra-
10 vated sexual abuse in the first, second, third or fourth degree, or
11 incest in the first, second or third degree, against a person less than
12 fourteen years old, he or she intentionally causes the death of such
13 person.
14 S 15. Subparagraph (vii) of paragraph (a) of subdivision 1 of section
15 125.27 of the penal law, as amended by chapter 264 of the laws of 2003,
16 is amended to read as follows:
17 (vii) the victim was killed while the defendant was in the course of
18 committing or attempting to commit and in furtherance of robbery,
19 burglary in the first degree or second degree, kidnapping in the first
20 degree, arson in the first degree or second degree, rape in the first
21 degree, [criminal sexual act in the first degree,] sexual abuse in the
22 first degree, aggravated sexual abuse in the first degree or escape in
23 the first degree, or in the course of and furtherance of immediate
24 flight after committing or attempting to commit any such crime or in the
25 course of and furtherance of immediate flight after attempting to commit
26 the crime of murder in the second degree; provided however, the victim
27 is not a participant in one of the aforementioned crimes and, provided
28 further that, unless the defendant's criminal liability under this
29 subparagraph is based upon the defendant having commanded another person
30 to cause the death of the victim or intended victim pursuant to section
31 20.00 of this chapter, this subparagraph shall not apply where the
32 defendant's criminal liability is based upon the conduct of another
33 pursuant to section 20.00 of this chapter; or
34 S 16. Paragraph (d) of subdivision 2 of section 130.05 of the penal
35 law, as amended by chapter 40 of the laws of 2004, is amended to read as
36 follows:
37 (d) Where the offense charged is rape in the third degree as defined
38 in [subdivision three] SUBDIVISIONS FIVE AND SIX of section 130.25, [or
39 criminal sexual act in the third degree as defined in subdivision three
40 of section 130.40,] in addition to forcible compulsion, circumstances
41 under which, at the time of the act of intercourse, oral sexual conduct
42 or anal sexual conduct, the victim clearly expressed that he or she did
43 not consent to engage in such act, and a reasonable person in the
44 actor's situation would have understood such person's words and acts as
45 an expression of lack of consent to such act under all the circum-
46 stances.
47 S 17. Paragraph (h) of subdivision 3 of section 130.05 of the penal
48 law, as amended by section 2 of part G of chapter 501 of the laws of
49 2012, is amended to read as follows:
50 (h) a client or patient and the actor is a health care provider or
51 mental health care provider charged with rape in the third degree as
52 defined in section 130.25, [criminal sexual act in the third degree as
53 defined in section 130.40,] aggravated sexual abuse in the fourth degree
54 as defined in section 130.65-a, or sexual abuse in the third degree as
55 defined in section 130.55, and the act of sexual conduct occurs during a
56 treatment session, consultation, interview, or examination; or
A. 3339--A 7
1 S 18. Subdivision 3 of section 130.10 of the penal law, as amended by
2 chapter 264 of the laws of 2003, is amended to read as follows:
3 3. In any prosecution for the crime of rape in the third degree as
4 defined in section 130.25, [criminal sexual act in the third degree as
5 defined in section 130.40,] aggravated sexual abuse in the fourth degree
6 as defined in section 130.65-a, or sexual abuse in the third degree as
7 defined in section 130.55 in which incapacity to consent is based on the
8 circumstances set forth in paragraph (h) of subdivision three of section
9 130.05 of this article it shall be an affirmative defense that the
10 client or patient consented to such conduct charged after having been
11 expressly advised by the health care or mental health care provider that
12 such conduct was not performed for a valid medical purpose.
13 S 19. The opening paragraph and subdivision 2 of section 130.95 of the
14 penal law, as added by chapter 107 of the laws of 2006, are amended to
15 read as follows:
16 A person is guilty of predatory sexual assault when he or she commits
17 the crime of rape in the first degree, [criminal sexual act in the first
18 degree,] aggravated sexual abuse in the first degree, or course of sexu-
19 al conduct against a child in the first degree, as defined in this arti-
20 cle, and when:
21 2. He or she has engaged in conduct constituting the crime of rape in
22 the first degree, [criminal sexual act in the first degree,] aggravated
23 sexual abuse in the first degree, or course of sexual conduct against a
24 child in the first degree, as defined in this article, against one or
25 more additional persons; or
26 S 20. The opening paragraph of section 130.96 of the penal law, as
27 added by chapter 107 of the laws of 2006, is amended to read as follows:
28 A person is guilty of predatory sexual assault against a child when,
29 being eighteen years old or more, he or she commits the crime of rape in
30 the first degree, [criminal sexual act in the first degree,] aggravated
31 sexual abuse in the first degree, or course of sexual conduct against a
32 child in the first degree, as defined in this article, and the victim is
33 less than thirteen years old.
34 S 21. Subdivision 2 of section 240.75 of the penal law, as added by
35 section 2 of part D of chapter 491 of the laws of 2012, is amended to
36 read as follows:
37 2. A "specified offense" is an offense defined in section 120.00
38 (assault in the third degree); section 120.05 (assault in the second
39 degree); section 120.10 (assault in the first degree); section 120.13
40 (menacing in the first degree); section 120.14 (menacing in the second
41 degree); section 120.15 (menacing in the third degree); section 120.20
42 (reckless endangerment in the second degree); section 120.25 (reckless
43 endangerment in the first degree); section 120.45 (stalking in the
44 fourth degree); section 120.50 (stalking in the third degree); section
45 120.55 (stalking in the second degree); section 120.60 (stalking in the
46 first degree); section 121.11 (criminal obstruction of breathing or
47 blood circulation); section 121.12 (strangulation in the second degree);
48 section 121.13 (strangulation in the first degree); subdivision one of
49 section 125.15 (manslaughter in the second degree); subdivision one, two
50 or four of section 125.20 (manslaughter in the first degree); section
51 125.25 (murder in the second degree); section 130.20 (sexual miscon-
52 duct); SECTION 130.25 (RAPE IN THE THIRD DEGREE); section 130.30 (rape
53 in the second degree); section 130.35 (rape in the first degree);
54 [section 130.40 (criminal sexual act in the third degree); section
55 130.45 (criminal sexual act in the second degree); section 130.50 (crim-
56 inal sexual act in the first degree);] section 130.52 (forcible touch-
A. 3339--A 8
1 ing); section 130.53 (persistent sexual abuse); section 130.55 (sexual
2 abuse in the third degree); section 130.60 (sexual abuse in the second
3 degree); section 130.65 (sexual abuse in the first degree); section
4 130.66 (aggravated sexual abuse in the third degree); section 130.67
5 (aggravated sexual abuse in the second degree); section 130.70 (aggra-
6 vated sexual abuse in the first degree); section 130.91 (sexually moti-
7 vated felony); section 130.95 (predatory sexual assault); section 130.96
8 (predatory sexual assault against a child); section 135.05 (unlawful
9 imprisonment in the second degree); section 135.10 (unlawful imprison-
10 ment in the first degree); section 135.60 (coercion in the second
11 degree); section 135.65 (coercion in the first degree); section 140.20
12 (burglary in the third degree); section 140.25 (burglary in the second
13 degree); section 140.30 (burglary in the first degree); section 145.00
14 (criminal mischief in the fourth degree); section 145.05 (criminal
15 mischief in the third degree); section 145.10 (criminal mischief in the
16 second degree); section 145.12 (criminal mischief in the first degree);
17 section 145.14 (criminal tampering in the third degree); section 215.50
18 (criminal contempt in the second degree); section 215.51 (criminal
19 contempt in the first degree); section 215.52 (aggravated criminal
20 contempt); section 240.25 (harassment in the first degree); subdivision
21 one, two or four of section 240.30 (aggravated harassment in the second
22 degree); aggravated family offense as defined in this section or any
23 attempt or conspiracy to commit any of the foregoing offenses where the
24 defendant and the person against whom the offense was committed were
25 members of the same family or household as defined in subdivision one of
26 section 530.11 of the criminal procedure law.
27 S 22. Section 255.26 of the penal law, as added by chapter 320 of the
28 laws of 2006, is amended to read as follows:
29 S 255.26 Incest in the second degree.
30 A person is guilty of incest in the second degree when he or she
31 commits the crime of rape in the second degree, as defined in section
32 130.30 of this part, [or criminal sexual act in the second degree, as
33 defined in section 130.45 of this part,] against a person whom he or she
34 knows to be related to him or her, whether through marriage or not, as
35 an ancestor, descendant, brother or sister of either the whole or the
36 half blood, uncle, aunt, nephew or niece.
37 Incest in the second degree is a class D felony.
38 S 23. Section 255.27 of the penal law, as added by chapter 320 of the
39 laws of 2006, is amended to read as follows:
40 S 255.27 Incest in the first degree.
41 A person is guilty of incest in the first degree when he or she
42 commits the crime of rape in the first degree, as defined in PARAGRAPH
43 (C) OR (D) OF subdivision [three or four] ONE AND PARAGRAPH (C) OR (D)
44 OF SUBDIVISION TWO of section 130.35 of this part[, or criminal sexual
45 act in the first degree, as defined in subdivision three or four of
46 section 130.50 of this part,] against a person whom he or she knows to
47 be related to him or her, whether through marriage or not, as an ances-
48 tor, descendant, brother or sister of either the whole or half blood,
49 uncle, aunt, nephew or niece.
50 Incest in the first degree is a class B felony.
51 S 24. Subdivision 3 of section 485.05 of the penal law, as amended by
52 chapter 405 of the laws of 2010, is amended to 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. 3339--A 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 AND PARAGRAPH (A) OF
13 SUBDIVISION TWO of section 130.35 (rape in the first degree); [subdivi-
14 sion one of section 130.50 (criminal sexual act in the first degree);]
15 subdivision one of section 130.65 (sexual abuse in the first degree);
16 paragraph (a) of subdivision one of section 130.67 (aggravated sexual
17 abuse in the second degree); paragraph (a) of subdivision one of section
18 130.70 (aggravated sexual abuse in the first degree); section 135.05
19 (unlawful imprisonment in the second degree); section 135.10 (unlawful
20 imprisonment in the first degree); section 135.20 (kidnapping in the
21 second degree); section 135.25 (kidnapping in the first degree); section
22 135.60 (coercion in the second degree); section 135.65 (coercion in the
23 first degree); section 140.10 (criminal trespass in the third degree);
24 section 140.15 (criminal trespass in the second degree); section 140.17
25 (criminal trespass in the first degree); section 140.20 (burglary in the
26 third degree); section 140.25 (burglary in the second degree); section
27 140.30 (burglary in the first degree); section 145.00 (criminal mischief
28 in the fourth degree); section 145.05 (criminal mischief in the third
29 degree); section 145.10 (criminal mischief in the second degree);
30 section 145.12 (criminal mischief in the first degree); section 150.05
31 (arson in the fourth degree); section 150.10 (arson in the third
32 degree); section 150.15 (arson in the second degree); section 150.20
33 (arson in the first degree); section 155.25 (petit larceny); section
34 155.30 (grand larceny in the fourth degree); section 155.35 (grand
35 larceny in the third degree); section 155.40 (grand larceny in the
36 second degree); section 155.42 (grand larceny in the first degree);
37 section 160.05 (robbery in the third degree); section 160.10 (robbery in
38 the second degree); section 160.15 (robbery in the first degree);
39 section 240.25 (harassment in the first degree); subdivision one, two or
40 four of section 240.30 (aggravated harassment in the second degree); or
41 any attempt or conspiracy to commit any of the foregoing offenses.
42 S 25. Subdivision 42 of section 1.20 of the criminal procedure law, as
43 amended by chapter 7 of the laws of 2007, is amended to read as follows:
44 42. "Juvenile offender" means (1) a person, thirteen years old who is
45 criminally responsible for acts constituting murder in the second degree
46 as defined in subdivisions one and two of section 125.25 of the penal
47 law, or such conduct as a sexually motivated felony, where authorized
48 pursuant to section 130.91 of the penal law; and (2) a person fourteen
49 or fifteen years old who is criminally responsible for acts constituting
50 the crimes defined in subdivisions one and two of section 125.25 (murder
51 in the second degree) and in subdivision three of such section provided
52 that the underlying crime for the murder charge is one for which such
53 person is criminally responsible; section 135.25 (kidnapping in the
54 first degree); 150.20 (arson in the first degree); subdivisions one and
55 two of section 120.10 (assault in the first degree); 125.20 (manslaught-
56 er in the first degree); [subdivisions one and] PARAGRAPHS (A) AND (B)
A. 3339--A 10
1 OF SUBDIVISION ONE AND PARAGRAPHS (A) AND (B) OF SUBDIVISION two of
2 section 130.35 (rape in the first degree); [subdivisions one and two of
3 section 130.50 (criminal sexual act in the first degree);] 130.70
4 (aggravated sexual abuse in the first degree); 140.30 (burglary in the
5 first degree); subdivision one of section 140.25 (burglary in the second
6 degree); 150.15 (arson in the second degree); 160.15 (robbery in the
7 first degree); subdivision two of section 160.10 (robbery in the second
8 degree) of the penal law; or section 265.03 of the penal law, where such
9 machine gun or such firearm is possessed on school grounds, as that
10 phrase is defined in subdivision fourteen of section 220.00 of the penal
11 law; or defined in the penal law as an attempt to commit murder in the
12 second degree or kidnapping in the first degree, or such conduct as a
13 sexually motivated felony, where authorized pursuant to section 130.91
14 of the penal law.
15 S 26. Intentionally omitted.
16 S 27. 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 S 28. 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. 3339--A 11
1 a local criminal court as provided in subdivision two, and the procedure
2 may instead be as follows:
3 S 29. 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 S 30. Section 150.20 of the criminal procedure law, subdivisions 1, 2
16 and 3 as amended by chapter 550 of the laws of 1987, is amended to read
17 as follows:
18 S 150.20 Appearance ticket; when and by whom issuable.
19 1. Whenever a police officer is authorized pursuant to section 140.10
20 to arrest a person without a warrant for an offense other than a class
21 A, B, C or D felony or a violation of section 130.25, [130.40,] 205.10,
22 205.17, 205.19 or 215.56 of the penal law, he may, subject to the
23 provisions of subdivisions three and four of section 150.40, instead
24 issue to and serve upon such person an appearance ticket.
25 2. (a) Whenever a police officer has arrested a person without a
26 warrant for an offense other than a class A, B, C or D felony or a
27 violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or 215.56
28 of the penal law pursuant to section 140.10, or (b) whenever a peace
29 officer, who is not authorized by law to issue an appearance ticket, has
30 arrested a person for an offense other than a class A, B, C or D felony
31 or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or
32 215.56 of the penal law pursuant to section 140.25, and has requested a
33 police officer to issue and serve upon such arrested person an appear-
34 ance ticket pursuant to subdivision four of section 140.27, or (c) when-
35 ever a person has been arrested for an offense other than a class A, B,
36 C or D felony or a violation of section 130.25, [130.40,] 205.10,
37 205.17, 205.19 or 215.56 of the penal law and has been delivered to the
38 custody of an appropriate police officer pursuant to section 140.40,
39 such police officer may, instead of bringing such person before a local
40 criminal court and promptly filing or causing the arresting peace offi-
41 cer or arresting person to file a local criminal court accusatory
42 instrument therewith, issue to and serve upon such person an appearance
43 ticket. The issuance and service of an appearance ticket under such
44 circumstances may be conditioned upon a deposit of pre-arraignment bail,
45 as provided in section 150.30.
46 3. A public servant other than a police officer, who is specially
47 authorized by state law or local law enacted pursuant to the provisions
48 of the municipal home rule law to issue and serve appearance tickets
49 with respect to designated offenses other than class A, B, C or D felo-
50 nies or violations of section 130.25, [130.40,] 205.10, 205.17, 205.19
51 or 215.56 of the penal law, may in such cases issue and serve upon a
52 person an appearance ticket when he has reasonable cause to believe that
53 such person has committed a crime, or has committed a petty offense in
54 his presence.
A. 3339--A 12
1 S 31. Subdivision 4 of section 180.75 of the criminal procedure law,
2 as amended by chapter 264 of the laws of 2003, is amended to read as
3 follows:
4 4. Notwithstanding the provisions of subdivisions two and three of
5 this section, a local criminal court shall, at the request of the
6 district attorney, order removal of an action against a juvenile offen-
7 der to the family court pursuant to the provisions of article seven
8 hundred twenty-five of this chapter if, upon consideration of the crite-
9 ria specified in subdivision two of section 210.43 of this chapter, it
10 is determined that to do so would be in the interests of justice.
11 Where, however, the felony complaint charges the juvenile offender with
12 murder in the second degree as defined in section 125.25 of the penal
13 law, rape in the first degree as defined in PARAGRAPH (A) OF subdivision
14 one OR PARAGRAPH (A) OF SUBDIVISION TWO of section 130.35 of the penal
15 law, [criminal sexual act in the first degree as defined in subdivision
16 one of section 130.50 of the penal law,] or an armed felony as defined
17 in paragraph (a) of subdivision forty-one of section 1.20 of this chap-
18 ter, a determination that such action be removed to the family court
19 shall, in addition, be based upon a finding of one or more of the
20 following factors: (i) mitigating circumstances that bear directly upon
21 the manner in which the crime was committed; or (ii) where the defendant
22 was not the sole participant in the crime, the defendant's participation
23 was relatively minor although not so minor as to constitute a defense to
24 the prosecution; or (iii) possible deficiencies in proof of the crime.
25 S 32. Subdivision (a) of section 190.71 of the criminal procedure law,
26 as amended by chapter 7 of the laws of 2007, is amended to read as
27 follows:
28 (a) Except as provided in subdivision six of section 200.20 of this
29 chapter, a grand jury may not indict (i) a person thirteen years of age
30 for any conduct or crime other than conduct constituting a crime defined
31 in subdivisions one and two of section 125.25 (murder in the second
32 degree) or such conduct as a sexually motivated felony, where authorized
33 pursuant to section 130.91 of the penal law; (ii) a person fourteen or
34 fifteen years of age for any conduct or crime other than conduct consti-
35 tuting a crime defined in subdivisions one and two of section 125.25
36 (murder in the second degree) and in subdivision three of such section
37 provided that the underlying crime for the murder charge is one for
38 which such person is criminally responsible; 135.25 (kidnapping in the
39 first degree); 150.20 (arson in the first degree); subdivisions one and
40 two of section 120.10 (assault in the first degree); 125.20 (manslaught-
41 er in the first degree); [subdivisions one and] PARAGRAPHS (A) AND (B)
42 OF SUBDIVISION ONE AND PARAGRAPHS (A) AND (B) OF SUBDIVISION two of
43 section 130.35 (rape in the first degree); [subdivisions one and two of
44 section 130.50 (criminal sexual act in the first degree);] 130.70
45 (aggravated sexual abuse in the first degree); 140.30 (burglary in the
46 first degree); subdivision one of section 140.25 (burglary in the second
47 degree); 150.15 (arson in the second degree); 160.15 (robbery in the
48 first degree); subdivision two of section 160.10 (robbery in the second
49 degree) of the penal law; [subdivision four of section 265.02 of the
50 penal law, where such firearm is possessed on school grounds, as that
51 phrase is defined in subdivision fourteen of section 220.00 of the penal
52 law;] or section 265.03 of the penal law, where such machine gun or such
53 firearm is possessed on school grounds, as that phrase is defined in
54 subdivision fourteen of section 220.00 of the penal law; or defined in
55 the penal law as an attempt to commit murder in the second degree or
A. 3339--A 13
1 kidnapping in the first degree, or such conduct as a sexually motivated
2 felony, where authorized pursuant to section 130.91 of the penal law.
3 S 33. Paragraph (b) of subdivision 1 of section 210.43 of the criminal
4 procedure law, as amended by chapter 264 of the laws of 2003, is amended
5 to read as follows:
6 (b) with the consent of the district attorney, order removal of an
7 action involving an indictment charging a juvenile offender with murder
8 in the second degree as defined in section 125.25 of the penal law; rape
9 in the first degree, as defined in PARAGRAPH (A) OF subdivision one AND
10 PARAGRAPH (A) OF SUBDIVISION TWO of section 130.35 of the penal law;
11 [criminal sexual act in the first degree, as defined in subdivision one
12 of section 130.50 of the penal law;] or an armed felony as defined in
13 paragraph (a) of subdivision forty-one of section 1.20, to the family
14 court pursuant to the provisions of article seven hundred twenty-five of
15 this chapter if the court finds one or more of the following factors:
16 (i) mitigating circumstances that bear directly upon the manner in which
17 the crime was committed; (ii) where the defendant was not the sole
18 participant in the crime, the defendant's participation was relatively
19 minor although not so minor as to constitute a defense to the prose-
20 cution; or (iii) possible deficiencies in the proof of the crime, and,
21 after consideration of the factors set forth in subdivision two of this
22 section, the court determined that removal of the action to the family
23 court would be in the interests of justice.
24 S 34. Subparagraph (iii) of paragraph (g) of subdivision 5 of section
25 220.10 of the criminal procedure law, as amended by chapter 264 of the
26 laws of 2003, is amended to read as follows:
27 (iii) Where the indictment does not charge a crime specified in
28 subparagraph (i) of this paragraph, the district attorney may recommend
29 removal of the action to the family court. Upon making such recommenda-
30 tion the district attorney shall submit a subscribed memorandum setting
31 forth: (1) a recommendation that the interests of justice would best be
32 served by removal of the action to the family court; and (2) if the
33 indictment charges a thirteen year old with the crime of murder in the
34 second degree, or a fourteen or fifteen year old with the crimes of rape
35 in the first degree as defined in PARAGRAPH (A) OF subdivision one AND
36 PARAGRAPH (A) OF SUBDIVISION TWO of section 130.35 of the penal law, [or
37 criminal sexual act in the first degree as defined in subdivision one of
38 section 130.50 of the penal law,] or an armed felony as defined in para-
39 graph (a) of subdivision forty-one of section 1.20 of this chapter
40 specific factors, one or more of which reasonably supports the recommen-
41 dation, showing, (i) mitigating circumstances that bear directly upon
42 the manner in which the crime was committed, or (ii) where the defendant
43 was not the sole participant in the crime, that the defendant's partic-
44 ipation was relatively minor although not so minor as to constitute a
45 defense to the prosecution, or (iii) possible deficiencies in proof of
46 the crime, or (iv) where the juvenile offender has no previous adjudi-
47 cations of having committed a designated felony act, as defined in
48 subdivision eight of section 301.2 of the family court act, regardless
49 of the age of the offender at the time of commission of the act, that
50 the criminal act was not part of a pattern of criminal behavior and, in
51 view of the history of the offender, is not likely to be repeated.
52 S 35. Subdivision 6 of section 300.50 of the criminal procedure law,
53 as amended by chapter 264 of the laws of 2003, is amended to read as
54 follows:
55 6. For purposes of this section, the offenses of rape in the third
56 degree as defined in [subdivision three] SUBDIVISIONS FIVE AND SIX of
A. 3339--A 14
1 section 130.25 of the penal law [and criminal sexual act in the third
2 degree as defined in subdivision three of section 130.40 of the penal
3 law], are not lesser included offenses of rape in the first degree[,
4 criminal sexual act in the first degree] or any other offense. Notwith-
5 standing the foregoing, either such offense may be submitted as a lesser
6 included offense of the applicable first degree offense when (i) there
7 is a reasonable view of the evidence which would support a finding that
8 the defendant committed such lesser offense but did not commit the
9 greater offense, and (ii) both parties consent to its submission.
10 S 36. Subdivision 6 of section 380.50 of the criminal procedure law,
11 as amended by chapter 320 of the laws of 2006, is amended to read as
12 follows:
13 6. Regardless of whether the victim requests to make a statement with
14 regard to the defendant's sentence, where the defendant is sentenced for
15 a violent felony offense as defined in section 70.02 of the penal law or
16 a felony defined in article one hundred twenty-five of such law or any
17 of the following provisions of such law sections 130.25, 130.30,
18 [130.40, 130.45,] 255.25, 255.26, 255.27, article two hundred sixty-
19 three, 135.10, 135.25, 230.05, 230.06, subdivision two of section 230.30
20 or 230.32, the prosecutor shall, within sixty days of the imposition of
21 sentence, provide the victim with a form on which the victim may indi-
22 cate a demand to be informed of any petition to change the name of such
23 defendant. Such forms shall be maintained by such prosecutor. Upon
24 receipt of a notice of a petition to change the name of any such defend-
25 ant, pursuant to subdivision two of section sixty-two of the civil
26 rights law, the prosecutor shall promptly notify the victim at the most
27 current address or telephone number provided by such victim in the most
28 reasonable and expedient possible manner of the time and place such
29 petition will be presented to the court.
30 S 37. Paragraph (b) of subdivision 8 of section 700.05 of the criminal
31 procedure law, as amended by chapter 405 of the laws of 2010, is amended
32 to read as follows:
33 (b) Any of the following felonies: assault in the second degree as
34 defined in section 120.05 of the penal law, assault in the first degree
35 as defined in section 120.10 of the penal law, reckless endangerment in
36 the first degree as defined in section 120.25 of the penal law, promot-
37 ing a suicide attempt as defined in section 120.30 of the penal law,
38 strangulation in the second degree as defined in section 121.12 of the
39 penal law, strangulation in the first degree as defined in section
40 121.13 of the penal law, criminally negligent homicide as defined in
41 section 125.10 of the penal law, manslaughter in the second degree as
42 defined in section 125.15 of the penal law, manslaughter in the first
43 degree as defined in section 125.20 of the penal law, murder in the
44 second degree as defined in section 125.25 of the penal law, murder in
45 the first degree as defined in section 125.27 of the penal law, abortion
46 in the second degree as defined in section 125.40 of the penal law,
47 abortion in the first degree as defined in section 125.45 of the penal
48 law, rape in the third degree as defined in section 130.25 of the penal
49 law, rape in the second degree as defined in section 130.30 of the penal
50 law, rape in the first degree as defined in section 130.35 of the penal
51 law, [criminal sexual act in the third degree as defined in section
52 130.40 of the penal law, criminal sexual act in the second degree as
53 defined in section 130.45 of the penal law, criminal sexual act in the
54 first degree as defined in section 130.50 of the penal law,] sexual
55 abuse in the first degree as defined in section 130.65 of the penal law,
56 unlawful imprisonment in the first degree as defined in section 135.10
A. 3339--A 15
1 of the penal law, kidnapping in the second degree as defined in section
2 135.20 of the penal law, kidnapping in the first degree as defined in
3 section 135.25 of the penal law, labor trafficking as defined in section
4 135.35 of the penal law, custodial interference in the first degree as
5 defined in section 135.50 of the penal law, coercion in the first degree
6 as defined in section 135.65 of the penal law, criminal trespass in the
7 first degree as defined in section 140.17 of the penal law, burglary in
8 the third degree as defined in section 140.20 of the penal law, burglary
9 in the second degree as defined in section 140.25 of the penal law,
10 burglary in the first degree as defined in section 140.30 of the penal
11 law, criminal mischief in the third degree as defined in section 145.05
12 of the penal law, criminal mischief in the second degree as defined in
13 section 145.10 of the penal law, criminal mischief in the first degree
14 as defined in section 145.12 of the penal law, criminal tampering in the
15 first degree as defined in section 145.20 of the penal law, arson in the
16 fourth degree as defined in section 150.05 of the penal law, arson in
17 the third degree as defined in section 150.10 of the penal law, arson in
18 the second degree as defined in section 150.15 of the penal law, arson
19 in the first degree as defined in section 150.20 of the penal law, grand
20 larceny in the fourth degree as defined in section 155.30 of the penal
21 law, grand larceny in the third degree as defined in section 155.35 of
22 the penal law, grand larceny in the second degree as defined in section
23 155.40 of the penal law, grand larceny in the first degree as defined in
24 section 155.42 of the penal law, health care fraud in the fourth degree
25 as defined in section 177.10 of the penal law, health care fraud in the
26 third degree as defined in section 177.15 of the penal law, health care
27 fraud in the second degree as defined in section 177.20 of the penal
28 law, health care fraud in the first degree as defined in section 177.25
29 of the penal law, robbery in the third degree as defined in section
30 160.05 of the penal law, robbery in the second degree as defined in
31 section 160.10 of the penal law, robbery in the first degree as defined
32 in section 160.15 of the penal law, unlawful use of secret scientific
33 material as defined in section 165.07 of the penal law, criminal
34 possession of stolen property in the fourth degree as defined in section
35 165.45 of the penal law, criminal possession of stolen property in the
36 third degree as defined in section 165.50 of the penal law, criminal
37 possession of stolen property in the second degree as defined by section
38 165.52 of the penal law, criminal possession of stolen property in the
39 first degree as defined by section 165.54 of the penal law, trademark
40 counterfeiting in the second degree as defined in section 165.72 of the
41 penal law, trademark counterfeiting in the first degree as defined in
42 section 165.73 of the penal law, forgery in the second degree as defined
43 in section 170.10 of the penal law, forgery in the first degree as
44 defined in section 170.15 of the penal law, criminal possession of a
45 forged instrument in the second degree as defined in section 170.25 of
46 the penal law, criminal possession of a forged instrument in the first
47 degree as defined in section 170.30 of the penal law, criminal
48 possession of forgery devices as defined in section 170.40 of the penal
49 law, falsifying business records in the first degree as defined in
50 section 175.10 of the penal law, tampering with public records in the
51 first degree as defined in section 175.25 of the penal law, offering a
52 false instrument for filing in the first degree as defined in section
53 175.35 of the penal law, issuing a false certificate as defined in
54 section 175.40 of the penal law, criminal diversion of prescription
55 medications and prescriptions in the second degree as defined in section
56 178.20 of the penal law, criminal diversion of prescription medications
A. 3339--A 16
1 and prescriptions in the first degree as defined in section 178.25 of
2 the penal law, residential mortgage fraud in the fourth degree as
3 defined in section 187.10 of the penal law, residential mortgage fraud
4 in the third degree as defined in section 187.15 of the penal law, resi-
5 dential mortgage fraud in the second degree as defined in section 187.20
6 of the penal law, residential mortgage fraud in the first degree as
7 defined in section 187.25 of the penal law, escape in the second degree
8 as defined in section 205.10 of the penal law, escape in the first
9 degree as defined in section 205.15 of the penal law, absconding from
10 temporary release in the first degree as defined in section 205.17 of
11 the penal law, promoting prison contraband in the first degree as
12 defined in section 205.25 of the penal law, hindering prosecution in the
13 second degree as defined in section 205.60 of the penal law, hindering
14 prosecution in the first degree as defined in section 205.65 of the
15 penal law, sex trafficking as defined in section 230.34 of the penal
16 law, criminal possession of a weapon in the third degree as defined in
17 subdivisions two, three and five of section 265.02 of the penal law,
18 criminal possession of a weapon in the second degree as defined in
19 section 265.03 of the penal law, criminal possession of a weapon in the
20 first degree as defined in section 265.04 of the penal law, manufacture,
21 transport, disposition and defacement of weapons and dangerous instru-
22 ments and appliances defined as felonies in subdivisions one, two, and
23 three of section 265.10 of the penal law, sections 265.11, 265.12 and
24 265.13 of the penal law, or prohibited use of weapons as defined in
25 subdivision two of section 265.35 of the penal law, relating to firearms
26 and other dangerous weapons, or failure to disclose the origin of a
27 recording in the first degree as defined in section 275.40 of the penal
28 law;
29 S 38. Paragraph (a) of subdivision 2 of section 720.10 of the criminal
30 procedure law, as amended by chapter 316 of the laws of 2006, is amended
31 to read as follows:
32 (a) the conviction to be replaced by a youthful offender finding is
33 for (i) a class A-I or class A-II felony, or (ii) an armed felony as
34 defined in subdivision forty-one of section 1.20, except as provided in
35 subdivision three, or (iii) rape in the first degree[, criminal sexual
36 act in the first degree,] or aggravated sexual abuse, except as provided
37 in subdivision three, or
38 S 39. Paragraph (a) of subdivision 2 and paragraph (a) of subdivision
39 3 of section 168-a of the correction law, paragraph (a) of subdivision 2
40 as amended by chapter 405 of the laws of 2008 and paragraph (a) of
41 subdivision 3 as amended by chapter 107 of the laws of 2006, are amended
42 to read as follows:
43 (a) (i) a conviction of or a conviction for an attempt to commit any
44 of the provisions of sections 120.70, 130.20, 130.25, 130.30, [130.40,
45 130.45,] 130.60, 230.34, 250.50, 255.25, 255.26 and 255.27 or article
46 two hundred sixty-three of the penal law, or section 135.05, 135.10,
47 135.20 or 135.25 of such law relating to kidnapping offenses, provided
48 the victim of such kidnapping or related offense is less than seventeen
49 years old and the offender is not the parent of the victim, or section
50 230.04, where the person patronized is in fact less than seventeen years
51 of age, 230.05 or 230.06, or subdivision two of section 230.30, or
52 section 230.32 or 230.33 of the penal law, or (ii) a conviction of or a
53 conviction for an attempt to commit any of the provisions of section
54 235.22 of the penal law, or (iii) a conviction of or a conviction for an
55 attempt to commit any provisions of the foregoing sections committed or
56 attempted as a hate crime defined in section 485.05 of the penal law or
A. 3339--A 17
1 as a crime of terrorism defined in section 490.25 of such law or as a
2 sexually motivated felony defined in section 130.91 of such law; or
3 (a) (i) a conviction of or a conviction for an attempt to commit any
4 of the provisions of sections 130.35, [130.50,] 130.65, 130.66, 130.67,
5 130.70, 130.75, 130.80, 130.95 and 130.96 of the penal law, or (ii) a
6 conviction of or a conviction for an attempt to commit any of the
7 provisions of sections 130.53, 130.65-a and 130.90 of the penal law, or
8 (iii) a conviction of or a conviction for an attempt to commit any
9 provisions of the foregoing sections committed or attempted as a hate
10 crime defined in section 485.05 of the penal law or as a crime of
11 terrorism defined in section 490.25 of such law; or
12 S 40. Subparagraph (ii) of paragraph (a), subparagraphs (i) and (ii)
13 of paragraph (b) and paragraph (e) of subdivision 8 of section 384-b of
14 the social services law, subparagraph (ii) of paragraph (a) and para-
15 graph (e) as added and subparagraphs (i) and (ii) of paragraph (b) as
16 amended by chapter 7 of the laws of 1999, are amended to read as
17 follows:
18 (ii) the child has been found to be an abused child, as defined in
19 paragraph (iii) of subdivision (e) of section ten hundred twelve of the
20 family court act, as a result of such parent's acts; provided, however,
21 the respondent must have committed or knowingly allowed to be committed
22 a felony sex offense as defined in sections 130.25, 130.30, 130.35,
23 [130.40, 130.45, 130.50,] 130.65, 130.67, 130.70, 130.75 and 130.80 of
24 the penal law and, for the purposes of this section the corroboration
25 requirements contained in the penal law shall not apply to proceedings
26 under this section; or
27 (i) the child has been found to be an abused child, (A) as defined in
28 paragraph (i) of subdivision (e) of section ten hundred twelve of the
29 family court act, as a result of such parent's acts; or (B) as defined
30 in paragraph (iii) of subdivision (e) of section ten hundred twelve of
31 the family court act, as a result of such parent's acts; provided,
32 however, the respondent must have committed or knowingly allowed to be
33 committed a felony sex offense as defined in sections 130.25, 130.30,
34 130.35, [130.40, 130.45, 130.50,] 130.65, 130.67, 130.70, 130.75 and
35 130.80 of the penal law; and
36 (ii) (A) the child or another child for whose care such parent is or
37 has been legally responsible has been previously found, within the five
38 years immediately preceding the initiation of the proceeding in which
39 such abuse is found, to be an abused child, as defined in paragraph (i)
40 or (iii) of subdivision (e) of section ten hundred twelve of the family
41 court act, as a result of such parent's acts; provided, however, in the
42 case of a finding of abuse as defined in paragraph (iii) of subdivision
43 (e) of section ten hundred twelve of the family court act the respondent
44 must have committed or knowingly allowed to be committed a felony sex
45 offense as defined in sections 130.25, 130.30, 130.35, [130.40, 130.45,
46 130.50,] 130.65, 130.67, 130.70, 130.75 and 130.80 of the penal law, or
47 (B) the parent has been convicted of a crime under section 130.25,
48 130.30, 130.35, [130.40, 130.45, 130.50,] 130.65, 130.67, 130.70, 130.75
49 or 130.80 of the penal law against the child, a sibling of the child or
50 another child for whose care such parent is or has been legally respon-
51 sible, within the five year period immediately preceding the initiation
52 of the proceeding in which abuse is found; and
53 (e) A determination by the court in accordance with article ten of the
54 family court act based upon clear and convincing evidence that a child
55 was abused (A) as defined in paragraph (i) of subdivision (e) of section
56 ten hundred twelve of the family court act, as a result of such parent's
A. 3339--A 18
1 acts; or (B) as defined in paragraph (iii) of subdivision (e) of section
2 ten hundred twelve of the family court act, as a result of such parent's
3 acts; provided, however, the respondent must have committed or knowingly
4 allowed to be committed a felony sex offense as defined in sections
5 130.25, 130.30, 130.35, [130.40, 130.45, 130.50,] 130.65, 130.67,
6 130.70, 130.75 and 130.80 of the penal law shall establish that the
7 child was an abused child for the purpose of a determination as required
8 by subparagraph (i) or (ii) of paragraph (b) of this subdivision. Such a
9 determination by the court in accordance with article ten of the family
10 court act based upon a fair preponderance of evidence shall be admissi-
11 ble in any proceeding commenced in accordance with this section.
12 S 41. Paragraphs (a) and (b) of subdivision 4 of section 509-cc of the
13 vehicle and traffic law, as amended by chapter 400 of the laws of 2011,
14 are amended to read as follows:
15 (a) The offenses referred to in subparagraph (ii) of paragraph (a) of
16 subdivision one and paragraph (a) of subdivision two of this section
17 that result in permanent disqualification shall include a conviction
18 under sections 125.12, 125.13, 125.14, 125.15, 125.20, 125.21, 125.22,
19 125.25, 125.26, 125.27, 130.30, 130.35, [130.45, 130.50,] 130.65,
20 130.66, 130.67, 130.70, 130.75, 130.80, 130.90, 130.95, 130.96, 135.25,
21 150.20, 230.30, 230.32, 230.34, 235.22, 263.05, 263.10, 263.11, 263.15,
22 263.16 of the penal law or an attempt to commit any of the aforesaid
23 offenses under section 110.00 of the penal law, or any offenses commit-
24 ted under a former section of the penal law which would constitute
25 violations of the aforesaid sections of the penal law, or any offenses
26 committed outside this state which would constitute violations of the
27 aforesaid sections of the penal law.
28 (b) The offenses referred to in subparagraph (ii) of paragraph (a) of
29 subdivision one and paragraph (b) of subdivision two of this section
30 that result in permanent disqualification shall include a conviction
31 under sections 100.13, 105.15, 105.17, 115.08, 120.12, 120.70, 125.10,
32 125.11, [130.40,] 130.53, 130.60, 130.65-a, 135.20, 160.15, 220.18,
33 220.21, 220.39, 220.41, 220.43, 220.44, 230.25, 260.00, 265.04 of the
34 penal law or an attempt to commit any of the aforesaid offenses under
35 section 110.00 of the penal law, or any offenses committed under a
36 former section of the penal law which would constitute violations of the
37 aforesaid sections of the penal law, or any offenses committed outside
38 this state which would constitute violations of the aforesaid sections
39 of the penal law.
40 S 42. Subdivision (b) of section 117 of the family court act, as
41 amended by chapter 7 of the laws of 2007, is amended to read as follows:
42 (b) For every juvenile delinquency proceeding under article three
43 involving an allegation of an act committed by a person which, if done
44 by an adult, would be a crime (i) defined in sections 125.27 (murder in
45 the first degree); 125.25 (murder in the second degree); 135.25 (kidnap-
46 ping in the first degree); or 150.20 (arson in the first degree) of the
47 penal law committed by a person thirteen, fourteen or fifteen years of
48 age; or such conduct committed as a sexually motivated felony, where
49 authorized pursuant to section 130.91 of the penal law; (ii) defined in
50 sections 120.10 (assault in the first degree); 125.20 (manslaughter in
51 the first degree); 130.35 (rape in the first degree); [130.50 (criminal
52 sexual act in the first degree);] 135.20 (kidnapping in the second
53 degree), but only where the abduction involved the use or threat of use
54 of deadly physical force; 150.15 (arson in the second degree); or 160.15
55 (robbery in the first degree) of the penal law committed by a person
56 thirteen, fourteen or fifteen years of age; or such conduct committed as
A. 3339--A 19
1 a sexually motivated felony, where authorized pursuant to section 130.91
2 of the penal law; (iii) defined in the penal law as an attempt to commit
3 murder in the first or second degree or kidnapping in the first degree
4 committed by a person thirteen, fourteen or fifteen years of age; or
5 such conduct committed as a sexually motivated felony, where authorized
6 pursuant to section 130.91 of the penal law; (iv) defined in section
7 140.30 (burglary in the first degree); subdivision one of section 140.25
8 (burglary in the second degree); subdivision two of section 160.10
9 (robbery in the second degree) of the penal law; or section 265.03 of
10 the penal law, where such machine gun or such firearm is possessed on
11 school grounds, as that phrase is defined in subdivision fourteen of
12 section 220.00 of the penal law committed by a person fourteen or
13 fifteen years of age; or such conduct committed as a sexually motivated
14 felony, where authorized pursuant to section 130.91 of the penal law;
15 (v) defined in section 120.05 (assault in the second degree) or 160.10
16 (robbery in the second degree) of the penal law committed by a person
17 fourteen or fifteen years of age but only where there has been a prior
18 finding by a court that such person has previously committed an act
19 which, if committed by an adult, would be the crime of assault in the
20 second degree, robbery in the second degree or any designated felony act
21 specified in clause (i), (ii) or (iii) of this subdivision regardless of
22 the age of such person at the time of the commission of the prior act;
23 or (vi) other than a misdemeanor, committed by a person at least seven
24 but less than sixteen years of age, but only where there has been two
25 prior findings by the court that such person has committed a prior act
26 which, if committed by an adult would be a felony:
27 (i) There is hereby established in the family court in the city of New
28 York at least one "designated felony act part." Such part or parts shall
29 be held separate from all other proceedings of the court, and shall have
30 jurisdiction over all proceedings involving such an allegation. All such
31 proceedings shall be originated in or be transferred to this part from
32 other parts as they are made known to the court.
33 (ii) Outside the city of New York, all proceedings involving such an
34 allegation shall have a hearing preference over every other proceeding
35 in the court, except proceedings under article ten.
36 S 43. Paragraph (ii) of subdivision 8 of section 301.2 of the family
37 court act, as amended by chapter 7 of the laws of 2007, is amended to
38 read as follows:
39 (ii) defined in sections 120.10 (assault in the first degree); 125.20
40 (manslaughter in the first degree); 130.35 (rape in the first degree);
41 [130.50 (criminal sexual act in the first degree);] 130.70 (aggravated
42 sexual abuse in the first degree); 135.20 (kidnapping in the second
43 degree) but only where the abduction involved the use or threat of use
44 of deadly physical force; 150.15 (arson in the second degree) or 160.15
45 (robbery in the first degree) of the penal law committed by a person
46 thirteen, fourteen or fifteen years of age; or such conduct committed as
47 a sexually motivated felony, where authorized pursuant to section 130.91
48 of the penal law;
49 S 44. Subdivision 4 of section 308.1 of the family court act, as
50 amended by chapter 264 of the laws of 2003, is amended to read as
51 follows:
52 4. The probation service shall not adjust a case in which the child
53 has allegedly committed a delinquent act which would be a crime defined
54 in section 120.25, (reckless endangerment in the first degree), [subdi-
55 vision one of section 125.15, (manslaughter in the second degree),
56 subdivision] SUBDIVISIONS one AND TWO of section 130.25, (rape in the
A. 3339--A 20
1 third degree), [subdivision one of section 130.40, (criminal sexual act
2 in the third degree),] subdivision one or two of section 130.65, (sexual
3 abuse in the first degree), section 135.65, (coercion in the first
4 degree), section 140.20, (burglary in the third degree), section 150.10,
5 (arson in the third degree), section 160.05, (robbery in the third
6 degree), subdivision two, three or four of section 265.02, (criminal
7 possession of a weapon in the third degree), section 265.03, (criminal
8 possession of a weapon in the second degree), or section 265.04, (crimi-
9 nal possession of a dangerous weapon in the first degree) of the penal
10 law where the child has previously had one or more adjustments of a case
11 in which such child allegedly committed an act which would be a crime
12 specified in this subdivision unless it has received written approval
13 from the court and the appropriate presentment agency.
14 S 45. Subdivision (c) of section 1052 of the family court act, as
15 added by chapter 739 of the laws of 1981, is amended to read as follows:
16 (c) Prior to granting an order of disposition pursuant to subdivision
17 (a) of this section following an adjudication of child abuse, as defined
18 in paragraph (i) of subdivision (e) of section ten hundred twelve of
19 this act or a finding of a felony sex offense as defined in sections
20 130.25, 130.30, 130.35, [130.40, 130.45, 130.50,] 130.65 and 130.70 of
21 the penal law, the court shall advise the respondent that any subsequent
22 adjudication of child abuse, as defined in paragraph (i) of subdivision
23 (e) of section one thousand twelve of this act or any subsequent finding
24 of a felony sex offense as defined in those sections of the penal law
25 herein enumerated, arising out of acts of the respondent may result in
26 the commitment of the guardianship and custody of the child or another
27 child pursuant to section three hundred eighty-four-b of the social
28 services law. The order in such cases shall contain a statement that any
29 subsequent adjudication of child abuse or finding of a felony sex
30 offense as described herein may result in the commitment of the guardi-
31 anship and custody of the child, or another child pursuant to section
32 three hundred eighty-four-b of the social services law.
33 S 46. Subdivision 2 of section 61 of the civil rights law, as amended
34 by section 54 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 petitioner stands convicted of a violent felony offense as
37 defined in section 70.02 of the penal law or a felony defined in article
38 one hundred twenty-five of such law or any of the following provisions
39 of such law sections 130.25, 130.30, [130.40, 130.45,] 255.25, 255.26,
40 255.27, article two hundred sixty-three, 135.10, 135.25, 230.05, 230.06,
41 subdivision two of section 230.30 or 230.32, and is currently confined
42 as an inmate in any correctional facility or currently under the super-
43 vision of the department of corrections and community supervision or a
44 county probation department as a result of such conviction, the petition
45 shall for each such conviction specify such felony conviction, the date
46 of such conviction or convictions, and the court in which such
47 conviction or convictions were entered.
48 S 47. Subdivision 2 of section 62 of the civil rights law, as amended
49 by section 55 of subpart B of part C of chapter 62 of the laws of 2011,
50 is amended to read as follows:
51 2. If the petition be to change the name of a person currently
52 confined as an inmate in any correctional facility or currently under
53 the supervision of the department of corrections and community super-
54 vision or a county probation department as a result of a conviction for
55 a violent felony offense as defined in section 70.02 of the penal law or
56 a felony defined in article one hundred twenty-five of such law or any
A. 3339--A 21
1 of the following provisions of such law sections 130.25, 130.30,
2 [130.40, 130.45,] 255.25, 255.26, 255.27, article two hundred sixty-
3 three, 135.10, 135.25, 230.05, 230.06, subdivision two of section 230.30
4 or 230.32, notice of the time and place when and where the petition will
5 be presented shall be served, in like manner as a notice of a motion
6 upon an attorney in an action, upon the district attorney of every coun-
7 ty in which such person has been convicted of such felony and upon the
8 court or courts in which the sentence for such felony was entered.
9 Unless a shorter period of time is ordered by the court, said notice
10 shall be served upon each such district attorney and court or courts not
11 less than sixty days prior to the date on which such petition is noticed
12 to be heard.
13 S 48. The closing paragraph of section 64 of the civil rights law, as
14 separately amended by chapters 258, 320 and 481 of the laws of 2006, is
15 amended to read as follows:
16 Upon compliance with the order and the filing of the affidavit of the
17 publication, as provided in this section, the clerk of the court in
18 which the order has been entered shall certify that the order has been
19 complied with; and, if the petition states that the petitioner stands
20 convicted of a violent felony offense as defined in section 70.02 of the
21 penal law or a felony defined in article one hundred twenty-five of such
22 law or any of the following provisions of such law sections 130.25,
23 130.30, [130.40, 130.45,] 255.25, 255.26, 255.27, article two hundred
24 sixty-three, 135.10, 135.25, 230.05, 230.06, subdivision two of section
25 230.30 or 230.32, such clerk (1) shall deliver, by first class mail, a
26 copy of such certified order to the division of criminal justice
27 services at its office in the county of Albany and (2) upon the clerk of
28 the court reviewing the petitioner's application for name change and
29 subsequent in-court inquiry, may, in the clerk's discretion, deliver, by
30 first class mail, the petitioner's new name with such certified order to
31 the court of competent jurisdiction which imposed the orders of support.
32 Such certification shall appear on the original order and on any certi-
33 fied copy thereof and shall be entered in the clerk's minutes of the
34 proceeding.
35 S 49. Section 213-c of the civil practice law and rules, as added by
36 chapter 3 of the laws of 2006, is amended to read as follows:
37 S 213-c. Action by victim of conduct constituting certain sexual
38 offenses. Notwithstanding any other limitation set forth in this arti-
39 cle, a civil claim or cause of action to recover from a defendant as
40 hereinafter defined, for physical, psychological or other injury or
41 condition suffered by a person as a result of acts by such defendant of
42 rape in the first degree as defined in section 130.35 of the penal law,
43 [or criminal sexual act in the first degree as defined in section 130.50
44 of the penal law,] or aggravated sexual abuse in the first degree as
45 defined in section 130.70 of the penal law, or course of sexual conduct
46 against a child in the first degree as defined in section 130.75 of the
47 penal law may be brought within five years. As used in this section, the
48 term "defendant" shall mean only a person who commits the acts described
49 in this section or who, in a criminal proceeding, could be charged with
50 criminal liability for the commission of such acts pursuant to section
51 20.00 of the penal law and shall not apply to any related civil claim or
52 cause of action arising from such acts. Nothing in this section shall be
53 construed to require that a criminal charge be brought or a criminal
54 conviction be obtained as a condition of bringing a civil cause of
55 action or receiving a civil judgment pursuant to this section or be
A. 3339--A 22
1 construed to require that any of the rules governing a criminal proceed-
2 ing be applicable to any such civil action.
3 S 50. Paragraph (b) of subdivision 8 of section 215 of the civil prac-
4 tice law and rules, as added by chapter 3 of the laws of 2006, is
5 amended to read as follows:
6 (b) Whenever it is shown that a criminal action against the same
7 defendant has been commenced with respect to the event or occurrence
8 from which a claim governed by this section arises, and such criminal
9 action is for rape in the first degree as defined in section 130.35 of
10 the penal law, [or criminal sexual act in the first degree as defined in
11 section 130.50 of the penal law,] or aggravated sexual abuse in the
12 first degree as defined in section 130.70 of the penal law, or course of
13 sexual conduct against a child in the first degree as defined in section
14 130.75 of the penal law, the plaintiff shall have at least five years
15 from the termination of the criminal action as defined in section 1.20
16 of the criminal procedure law in which to commence the civil action,
17 notwithstanding that the time in which to commence such action has
18 already expired or has less than a year remaining.
19 S 51. Subdivision 11 of section 123 of the agriculture and markets
20 law, as amended by chapter 392 of the laws of 2004, and such section as
21 renumbered by section 18 of part T of chapter 59 of the laws of 2010, is
22 amended to read as follows:
23 11. The owner shall not be liable pursuant to subdivision six, seven,
24 eight, nine or ten of this section if the dog was coming to the aid or
25 defense of a person during the commission or attempted commission of a
26 murder, robbery, burglary, arson, rape in the first degree as defined in
27 PARAGRAPH (A) OR (B) OF subdivision one or PARAGRAPH (A) OR (B) OF
28 SUBDIVISION two of section 130.35 of the penal law[, criminal sexual act
29 in the first degree as defined in subdivision one or two of section
30 130.50 of the penal law] or kidnapping within the dwelling or upon the
31 real property of the owner of the dog and the dog injured or killed the
32 person committing such criminal activity.
33 S 52. Section 4 of the judiciary law, as amended by chapter 264 of the
34 laws of 2003, is amended to read as follows:
35 S 4. Sittings of courts to be public. The sittings of every court
36 within this state shall be public, and every citizen may freely attend
37 the same, except that in all proceedings and trials in cases for
38 divorce, seduction, abortion, rape, assault with intent to commit rape,
39 [criminal sexual act,] bastardy or filiation, the court may, in its
40 discretion, exclude therefrom all persons who are not directly inter-
41 ested therein, excepting jurors, witnesses, and officers of the court.
42 S 53. Subdivision 2 of section 120.60 of the penal law, as amended by
43 chapter 434 of the laws of 2000, is amended to read as follows:
44 2. commits a class A misdemeanor defined in article one hundred thirty
45 of this chapter, or a class E felony defined in section 130.25, [130.40]
46 or 130.85 of this chapter, or a class D felony defined in section 130.30
47 [or 130.45] of this chapter.
48 S 54. This act shall take effect on the ninetieth day after it shall
49 have become a law and shall apply to any offense on or after such effec-
50 tive date. As it pertains to the repealed sections of law, nothing in
51 this act shall affect a requirement to register pursuant to article 6-C
52 of the correction law; a lawfully required disclosure of a conviction;
53 any restriction or prohibition for certain types of employment, housing,
54 or government benefit; or any other ongoing matter related to a
55 conviction of the sections repealed in this act.