Bill Text: NY A04249 | 2017-2018 | General Assembly | Amended
Bill Title: Relates to the offenses of rape in the first, second and third degrees.
Spectrum: Moderate Partisan Bill (Democrat 32-7)
Status: (Engrossed - Dead) 2018-04-23 - REFERRED TO CODES [A04249 Detail]
Download: New_York-2017-A04249-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 4249--A Cal. No. 322 2017-2018 Regular Sessions IN ASSEMBLY February 2, 2017 ___________ Introduced by M. of A. SIMOTAS, COLTON, AUBRY, ENGLEBRIGHT, BRAUNSTEIN, DenDEKKER, BRINDISI, MORELLE, JAFFEE, PERRY, COOK, HOOPER, WEPRIN, SANTABARBARA, SKOUFIS, ROZIC, HEVESI, QUART, LIFTON, OTIS, SEPULVEDA, MOSLEY, HAWLEY, FAHY -- Multi-Sponsored by -- M. of A. ARROYO, BUCHWALD, FINCH, FITZPATRICK, GALEF, GLICK, HIKIND, LUPARDO, MALLIO- TAKIS, McDONOUGH, MONTESANO, PEOPLES-STOKES, RA, WALTER -- read once and referred to the Committee on Codes -- ordered to a third reading, amended and ordered reprinted, retaining its place on the 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 Sections 130.40, 130.45 and 130.50 of the penal law are 2 REPEALED. 3 § 2.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 ordinary7meaning and occurs upon any penetration, however slight] means conduct 8 between persons consisting of contact between the penis and the vagina 9 or vulva. 10 2. (a) "Oral sexual [conduct] contact" means conduct between persons 11 consisting of contact between the mouth and the penis, the mouth and the 12 anus, or the mouth and the vulva or vagina. 13 (b) "Anal sexual [conduct] contact" means conduct between persons 14 consisting of contact between the penis and anus. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04197-06-8A. 4249--A 2 1 § 3. Section 130.25 of the penal law, as amended by chapter 1 of the 2 laws of 2000, is amended to read as follows: 3 § 130.25 Rape in the third degree. 4 A person is guilty of rape in the third degree when: 5 1. He or she engages in [sexual intercourse] vaginal sexual contact 6 with another person who is incapable of consent by reason of some factor 7 other than being less than seventeen years old; 8 2. He or she engages in oral sexual contact with another person who is 9 incapable of consent by reason of some factor other than being less than 10 seventeen years old; 11 3. He or she engages in anal sexual contact with another person who is 12 incapable of consent by reason of some other factor other than being 13 less than seventeen years old; 14 4. Being twenty-one years old or more, he or she engages in [sexual15intercourse] vaginal sexual contact with another person less than seven- 16 teen years old; [or173.] 5. Being twenty-one years old or more, he or she engages in oral 18 sexual contact with another person less than seventeen years old; 19 6. Being twenty-one years old or more, he or she engages in anal sexu- 20 al contact with another person less than seventeen years old; 21 7. He or she engages in [sexual intercourse] vaginal sexual contact 22 with another person without such person's consent where such lack of 23 consent is by reason of some factor other than incapacity to consent[.]; 24 8. He or she engages in oral sexual contact with another person with- 25 out such person's consent where such lack of consent is by reason of 26 some factor other than incapacity to consent; or 27 9. He or she engages in anal sexual contact with another person with- 28 out such person's consent where such lack of consent is by reason of 29 some factor other than the incapacity to consent. 30 Rape in the third degree is a class E felony. 31 § 4. Section 130.30 of the penal law, as amended by chapter 1 of the 32 laws of 2000, is amended to read as follows: 33 § 130.30 Rape in the second degree. 34 A person is guilty of rape in the second degree when: 35 1. being eighteen years old or more, he or she engages in [sexual36intercourse] vaginal sexual contact with another person less than 37 fifteen years old; [or] 38 2. being eighteen years old or more, he or she engages in oral sexual 39 contact with another person less than fifteen years old; 40 3. being eighteen years old or more, he or she engages in anal sexual 41 contact with another person less than fifteen years old; 42 4. he or she engages in [sexual intercourse] vaginal sexual contact 43 with another person who is incapable of consent by reason of being 44 mentally disabled or mentally incapacitated[.]; 45 5. he or she engages in oral sexual contact with another person who is 46 incapable of consent by reason of being mentally disabled or mentally 47 incapacitated; or 48 6. he or she engages in anal sexual contact with another person who is 49 incapable of consent by reason of being mentally disabled or mentally 50 incapacitated. 51 It shall be an affirmative defense to the crime of rape in the second 52 degree as defined in [subdivision] subdivisions one, two and three of 53 this section that the defendant was less than four years older than the 54 victim at the time of the act. 55 Rape in the second degree is a class D felony.A. 4249--A 3 1 § 5. Section 130.35 of the penal law, as amended by chapter 1 of the 2 laws of 2000, is amended to read as follows: 3 § 130.35 Rape in the first degree. 4 A person is guilty of rape in the first degree when: 5 1. he or she engages in [sexual intercourse] vaginal sexual contact 6 with another person: 7 [1.] (a) By forcible compulsion; or 8 [2.] (b) Who is incapable of consent by reason of being physically 9 helpless; or 10 [3.] (c) Who is less than eleven years old; or 11 [4.] (d) Who is less than thirteen years old and the actor is eighteen 12 years old or more[.]; 13 2. he or she engages in oral sexual contact with another person: 14 (a) By forcible compulsion; or 15 (b) Who is incapable of consent by reason of being physically help- 16 less; or 17 (c) Who is less than eleven years old; or 18 (d) Who is less than thirteen years old and the actor is eighteen 19 years old or more; or 20 3. he or she engages in anal sexual contact with another person: 21 (a) by forcible compulsion; or 22 (b) who is incapable of consent by reason of being physically help- 23 less; or 24 (c) who is less than eleven years old; or 25 (d) who is less than thirteen years old and the actor is eighteen 26 years old or more. 27 Rape in the first degree is a class B felony. 28 § 6. Paragraph 2 of subdivision 18 of section 10.00 of the penal law, 29 as amended by chapter 7 of the laws of 2007, is amended to read as 30 follows: 31 (2) a person fourteen or fifteen years old who is criminally responsi- 32 ble for acts constituting the crimes defined in subdivisions one and two 33 of section 125.25 (murder in the second degree) 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; section 135.25 36 (kidnapping in the first degree); 150.20 (arson in the first degree); 37 subdivisions one and two of section 120.10 (assault in the first 38 degree); 125.20 (manslaughter in the first degree); [subdivisions one39and] paragraphs (a) and (b) of subdivision one, paragraphs (a) and (b) 40 of subdivision two, and paragraphs (a) and (b) of subdivision three of 41 section 130.35 (rape in the first degree); [subdivisions one and two of42section 130.50 (criminal sexual act in the first degree);] 130.70 43 (aggravated sexual abuse in the first degree); 140.30 (burglary in the 44 first degree); subdivision one of section 140.25 (burglary in the second 45 degree); 150.15 (arson in the second degree); 160.15 (robbery in the 46 first degree); subdivision two of section 160.10 (robbery in the second 47 degree) of this chapter; or section 265.03 of this chapter, where such 48 machine gun or such firearm is possessed on school grounds, as that 49 phrase is defined in subdivision fourteen of section 220.00 of this 50 chapter; or defined in this chapter as an attempt to commit murder in 51 the second degree or kidnapping in the first degree, or such conduct as 52 a sexually motivated felony, where authorized pursuant to section 130.91 53 of [the penal law] this chapter. 54 § 7. Subdivision 2 of section 30.00 of the penal law, as amended by 55 section 38 of part WWW of chapter 59 of the laws of 2017, is amended to 56 read as follows:A. 4249--A 4 1 2. A person thirteen, fourteen or, fifteen years of age is criminally 2 responsible for acts constituting murder in the second degree as defined 3 in subdivisions one and two of section 125.25 and in subdivision three 4 of such section provided that the underlying crime for the murder charge 5 is one for which such person is criminally responsible or for such 6 conduct as a sexually motivated felony, where authorized pursuant to 7 section 130.91 of this chapter; and a person fourteen or, fifteen years 8 of age is criminally responsible for acts constituting the crimes 9 defined in section 135.25 (kidnapping in the first degree); 150.20 10 (arson in the first degree); subdivisions one and two of section 120.10 11 (assault in the first degree); 125.20 (manslaughter in the first 12 degree); [subdivisions one and] paragraphs (a) and (b) of subdivision 13 one, paragraphs (a) and (b) of subdivision two and paragraphs (a) and 14 (b) of subdivision three of section 130.35 (rape in the first degree); 15 subdivisions one and two of section 130.50 (criminal sexual act in the 16 first degree); 130.70 (aggravated sexual abuse in the first degree); 17 140.30 (burglary in the first degree); subdivision one of section 140.25 18 (burglary in the second degree); 150.15 (arson in the second degree); 19 160.15 (robbery in the first degree); subdivision two of section 160.10 20 (robbery in the second degree) of this chapter; or section 265.03 of 21 this chapter, where such machine gun or such firearm is possessed on 22 school grounds, as that phrase is defined in subdivision fourteen of 23 section 220.00 of this chapter; or defined in this chapter as an attempt 24 to commit murder in the second degree or kidnapping in the first degree, 25 or for such conduct as a sexually motivated felony, where authorized 26 pursuant to section 130.91 of this chapter. 27 § 8. Paragraph (b) of subdivision 2 of section 35.15 of the penal law, 28 as amended by chapter 511 of the laws of 2004, is amended to read as 29 follows: 30 (b) He or she reasonably believes that such other person is committing 31 or attempting to commit a kidnapping, forcible rape, [forcible criminal32sexual act] forcible aggravated sexual abuse, or robbery; or 33 § 9. Paragraphs (a) and (c) of subdivision 1 of section 70.02 of the 34 penal law, as amended by chapter 368 of the laws of 2015, are amended to 35 read as follows: 36 (a) Class B violent felony offenses: an attempt to commit the class 37 A-I felonies of murder in the second degree as defined in section 38 125.25, kidnapping in the first degree as defined in section 135.25, and 39 arson in the first degree as defined in section 150.20; manslaughter in 40 the first degree as defined in section 125.20, aggravated manslaughter 41 in the first degree as defined in section 125.22, rape in the first 42 degree as defined in section 130.35, [criminal sexual act in the first43degree as defined in section 130.50,] aggravated sexual abuse in the 44 first degree as defined in section 130.70, course of sexual conduct 45 against a child in the first degree as defined in section 130.75; 46 assault in the first degree as defined in section 120.10, kidnapping in 47 the second degree as defined in section 135.20, burglary in the first 48 degree as defined in section 140.30, arson in the second degree as 49 defined in section 150.15, robbery in the first degree as defined in 50 section 160.15, sex trafficking as defined in paragraphs (a) and (b) of 51 subdivision five of section 230.34, incest in the first degree as 52 defined in section 255.27, criminal possession of a weapon in the first 53 degree as defined in section 265.04, criminal use of a firearm in the 54 first degree as defined in section 265.09, criminal sale of a firearm in 55 the first degree as defined in section 265.13, aggravated assault upon a 56 police officer or a peace officer as defined in section 120.11, gangA. 4249--A 5 1 assault in the first degree as defined in section 120.07, intimidating a 2 victim or witness in the first degree as defined in section 215.17, 3 hindering prosecution of terrorism in the first degree as defined in 4 section 490.35, criminal possession of a chemical weapon or biological 5 weapon in the second degree as defined in section 490.40, and criminal 6 use of a chemical weapon or biological weapon in the third degree as 7 defined in section 490.47. 8 (c) Class D violent felony offenses: an attempt to commit any of the 9 class C felonies set forth in paragraph (b); reckless assault of a child 10 as defined in section 120.02, assault in the second degree as defined in 11 section 120.05, menacing a police officer or peace officer as defined in 12 section 120.18, stalking in the first degree, as defined in subdivision 13 one of section 120.60, strangulation in the second degree as defined in 14 section 121.12, rape in the second degree as defined in section 130.30, 15 [criminal sexual act in the second degree as defined in section 130.45,] 16 sexual abuse in the first degree as defined in section 130.65, course of 17 sexual conduct against a child in the second degree as defined in 18 section 130.80, aggravated sexual abuse in the third degree as defined 19 in section 130.66, facilitating a sex offense with a controlled 20 substance as defined in section 130.90, labor trafficking as defined in 21 paragraphs (a) and (b) of subdivision three of section 135.35, criminal 22 possession of a weapon in the third degree as defined in subdivision 23 five, six, seven, eight, nine or ten of section 265.02, criminal sale of 24 a firearm in the third degree as defined in section 265.11, intimidating 25 a victim or witness in the second degree as defined in section 215.16, 26 soliciting or providing support for an act of terrorism in the second 27 degree as defined in section 490.10, and making a terroristic threat as 28 defined in section 490.20, falsely reporting an incident in the first 29 degree as defined in section 240.60, placing a false bomb or hazardous 30 substance in the first degree as defined in section 240.62, placing a 31 false bomb or hazardous substance in a sports stadium or arena, mass 32 transportation facility or enclosed shopping mall as defined in section 33 240.63, and aggravated unpermitted use of indoor pyrotechnics in the 34 first degree as defined in section 405.18. 35 § 10. Paragraph b of subdivision 5 of section 120.40 of the penal law, 36 as amended by chapter 320 of the laws of 2006, is amended to read as 37 follows: 38 b. a crime defined in section 130.20, 130.25, 130.30, [130.40,39130.45,] 130.55, 130.60, 130.70, 255.25, 255.26 or 255.27; 40 § 11. Paragraph (d) of subdivision 2 and paragraph (h) of subdivision 41 3 of section 130.05 of the penal law, paragraph (d) of subdivision 2 as 42 amended by chapter 40 of the laws of 2004 and paragraph (h) of subdivi- 43 sion 3 as amended by section 2 of part G of chapter 501 of the laws of 44 2012, are amended to read as follows: 45 (d) Where the offense charged is rape in the third degree as defined 46 in [subdivision three] subdivisions seven, eight and nine of section 47 130.25, [or criminal sexual act in the third degree as defined in subdi-48vision three of section 130.40,] in addition to forcible compulsion, 49 circumstances under which, at the time of the act of intercourse, oral 50 sexual conduct or anal sexual conduct, the victim clearly expressed that 51 he or she did not consent to engage in such act, and a reasonable person 52 in the actor's situation would have understood such person's words and 53 acts as an expression of lack of consent to such act under all the 54 circumstances. 55 (h) a client or patient and the actor is a health care provider or 56 mental health care provider charged with rape in the third degree asA. 4249--A 6 1 defined in section 130.25, [criminal sexual act in the third degree as2defined in section 130.40,] aggravated sexual abuse in the fourth degree 3 as defined in section 130.65-a, or sexual abuse in the third degree as 4 defined in section 130.55, and the act of sexual conduct occurs during a 5 treatment session, consultation, interview, or examination; or 6 § 12. The opening paragraph of subdivision 3 of section 125.25 of the 7 penal law, as amended by chapter 264 of the laws of 2003, is amended to 8 read as follows: 9 Acting either alone or with one or more other persons, he commits or 10 attempts to commit robbery, burglary, kidnapping, arson, rape in the 11 first degree, [criminal sexual act in the first degree,] sexual abuse in 12 the first degree, aggravated sexual abuse, escape in the first degree, 13 or escape in the second degree, and, in the course of and in furtherance 14 of such crime or of immediate flight therefrom, he, or another partic- 15 ipant, if there be any, causes the death of a person other than one of 16 the participants; except that in any prosecution under this subdivision, 17 in which the defendant was not the only participant in the underlying 18 crime, it is an affirmative defense that the defendant: 19 § 13. Subdivision 5 of section 125.25 of the penal law, as amended by 20 chapter 320 of the laws of 2006, is amended to read as follows: 21 5. Being eighteen years old or more, while in the course of committing 22 rape in the first, second or third degree, [criminal sexual act in the23first, second or third degree,] sexual abuse in the first degree, aggra- 24 vated sexual abuse in the first, second, third or fourth degree, or 25 incest in the first, second or third degree, against a person less than 26 fourteen years old, he or she intentionally causes the death of such 27 person. 28 § 14. Subparagraph (vii) of paragraph (a) of subdivision 1 of section 29 125.27 of the penal law, as amended by chapter 264 of the laws of 2003, 30 is amended to read as follows: 31 (vii) the victim was killed while the defendant was in the course of 32 committing or attempting to commit and in furtherance of robbery, 33 burglary in the first degree or second degree, kidnapping in the first 34 degree, arson in the first degree or second degree, rape in the first 35 degree, [criminal sexual act in the first degree,] sexual abuse in the 36 first degree, aggravated sexual abuse in the first degree or escape in 37 the first degree, or in the course of and furtherance of immediate 38 flight after committing or attempting to commit any such crime or in the 39 course of and furtherance of immediate flight after attempting to commit 40 the crime of murder in the second degree; provided however, the victim 41 is not a participant in one of the aforementioned crimes and, provided 42 further that, unless the defendant's criminal liability under this 43 subparagraph is based upon the defendant having commanded another person 44 to cause the death of the victim or intended victim pursuant to section 45 20.00 of this chapter, this subparagraph shall not apply where the 46 defendant's criminal liability is based upon the conduct of another 47 pursuant to section 20.00 of this chapter; or 48 § 15. Subdivision 3 of section 130.10 of the penal law, as amended by 49 chapter 264 of the laws of 2003, is amended to read as follows: 50 3. In any prosecution for the crime of rape in the third degree as 51 defined in section 130.25, [criminal sexual act in the third degree as52defined in section 130.40,] aggravated sexual abuse in the fourth degree 53 as defined in section 130.65-a, or sexual abuse in the third degree as 54 defined in section 130.55 in which incapacity to consent is based on the 55 circumstances set forth in paragraph (h) of subdivision three of section 56 130.05 of this article it shall be an affirmative defense that theA. 4249--A 7 1 client or patient consented to such conduct charged after having been 2 expressly advised by the health care or mental health care provider that 3 such conduct was not performed for a valid medical purpose. 4 § 16. The opening paragraph and subdivision 2 of section 130.95 of the 5 penal law, as added by chapter 107 of the laws of 2006, are amended to 6 read as follows: 7 A person is guilty of predatory sexual assault when he or she commits 8 the crime of rape in the first degree, [criminal sexual act in the first9degree,] aggravated sexual abuse in the first degree, or course of sexu- 10 al conduct against a child in the first degree, as defined in this arti- 11 cle, and when: 12 2. He or she has engaged in conduct constituting the crime of rape in 13 the first degree, [criminal sexual act in the first degree,] aggravated 14 sexual abuse in the first degree, or course of sexual conduct against a 15 child in the first degree, as defined in this article, against one or 16 more additional persons; or 17 § 17. The opening paragraph of section 130.96 of the penal law, as 18 added by chapter 107 of the laws of 2006, is amended to read as follows: 19 A person is guilty of predatory sexual assault against a child when, 20 being eighteen years old or more, he or she commits the crime of rape in 21 the first degree, [criminal sexual act in the first degree,] aggravated 22 sexual abuse in the first degree, or course of sexual conduct against a 23 child in the first degree, as defined in this article, and the victim is 24 less than thirteen years old. 25 § 18. Subdivision 2 of section 240.75 of the penal law, as amended by 26 section 8 of part NN of chapter 55 of the laws of 2018, is amended to 27 read as follows: 28 2. A "specified offense" is an offense defined in section 120.00 29 (assault in the third degree); section 120.05 (assault in the second 30 degree); section 120.10 (assault in the first degree); section 120.13 31 (menacing in the first degree); section 120.14 (menacing in the second 32 degree); section 120.15 (menacing in the third degree); section 120.20 33 (reckless endangerment in the second degree); section 120.25 (reckless 34 endangerment in the first degree); section 120.45 (stalking in the 35 fourth degree); section 120.50 (stalking in the third degree); section 36 120.55 (stalking in the second degree); section 120.60 (stalking in the 37 first degree); section 121.11 (criminal obstruction of breathing or 38 blood circulation); section 121.12 (strangulation in the second degree); 39 section 121.13 (strangulation in the first degree); subdivision one of 40 section 125.15 (manslaughter in the second degree); subdivision one, two 41 or four of section 125.20 (manslaughter in the first degree); section 42 125.25 (murder in the second degree); section 130.20 (sexual miscon- 43 duct); section 130.25 (rape in the third degree); section 130.30 (rape 44 in the second degree); section 130.35 (rape in the first degree); 45 section 130.40 (criminal sexual act in the third degree); section 130.45 46 (criminal sexual act in the second degree); section 130.50 (criminal 47 sexual act in the first degree); section 130.52 (forcible touching); 48 section 130.53 (persistent sexual abuse); section 130.55 (sexual abuse 49 in the third degree); section 130.60 (sexual abuse in the second 50 degree); section 130.65 (sexual abuse in the first degree); section 51 130.66 (aggravated sexual abuse in the third degree); section 130.67 52 (aggravated sexual abuse in the second degree); section 130.70 (aggra- 53 vated sexual abuse in the first degree); section 130.91 (sexually moti- 54 vated felony); section 130.95 (predatory sexual assault); section 130.96 55 (predatory sexual assault against a child); section 135.05 (unlawful 56 imprisonment in the second degree); section 135.10 (unlawful imprison-A. 4249--A 8 1 ment in the first degree); section 135.60 (coercion in the third 2 degree); section 135.61 (coercion in the second degree); section 135.65 3 (coercion in the first degree); section 140.20 (burglary in the third 4 degree); section 140.25 (burglary in the second degree); section 140.30 5 (burglary in the first degree); section 145.00 (criminal mischief in the 6 fourth degree); section 145.05 (criminal mischief in the third degree); 7 section 145.10 (criminal mischief in the second degree); section 145.12 8 (criminal mischief in the first degree); section 145.14 (criminal 9 tampering in the third degree); section 215.50 (criminal contempt in the 10 second degree); section 215.51 (criminal contempt in the first degree); 11 section 215.52 (aggravated criminal contempt); section 240.25 (harass- 12 ment in the first degree); subdivision one, two or four of section 13 240.30 (aggravated harassment in the second degree); aggravated family 14 offense as defined in this section or any attempt or conspiracy to 15 commit any of the foregoing offenses where the defendant and the person 16 against whom the offense was committed were members of the same family 17 or household as defined in subdivision one of section 530.11 of the 18 criminal procedure law. 19 § 19. Section 255.26 of the penal law, as added by chapter 320 of the 20 laws of 2006, is amended to read as follows: 21 § 255.26 Incest in the second degree. 22 A person is guilty of incest in the second degree when he or she 23 commits the crime of rape in the second degree, as defined in section 24 130.30 of this part, [or criminal sexual act in the second degree, as25defined in section 130.45 of this part,] against a person whom he or she 26 knows to be related to him or her, whether through marriage or not, as 27 an ancestor, descendant, brother or sister of either the whole or the 28 half blood, uncle, aunt, nephew or niece. 29 Incest in the second degree is a class D felony. 30 § 20. Section 255.27 of the penal law, as added by chapter 320 of the 31 laws of 2006, is amended to read as follows: 32 § 255.27 Incest in the first degree. 33 A person is guilty of incest in the first degree when he or she 34 commits the crime of rape in the first degree, as defined in paragraph 35 (c) or (d) of subdivision [three or four] one, paragraph (c) or (d) of 36 subdivision two and paragraph (c) or (d) of subdivision three of section 37 130.35 of this part[, or criminal sexual act in the first degree, as38defined in subdivision three or four of section 130.50 of this part,] 39 against a person whom he or she knows to be related to him or her, 40 whether through marriage or not, as an ancestor, descendant, brother or 41 sister of either the whole or half blood, uncle, aunt, nephew or niece. 42 Incest in the first degree is a class B felony. 43 § 21. Subdivision 3 of section 485.05 of the penal law, as amended by 44 section 9 of part NN of chapter 55 of the laws of 2018, is amended to 45 read as follows: 46 3. A "specified offense" is an offense defined by any of the following 47 provisions of this chapter: section 120.00 (assault in the third 48 degree); section 120.05 (assault in the second degree); section 120.10 49 (assault in the first degree); section 120.12 (aggravated assault upon a 50 person less than eleven years old); section 120.13 (menacing in the 51 first degree); section 120.14 (menacing in the second degree); section 52 120.15 (menacing in the third degree); section 120.20 (reckless endan- 53 germent in the second degree); section 120.25 (reckless endangerment in 54 the first degree); section 121.12 (strangulation in the second degree); 55 section 121.13 (strangulation in the first degree); subdivision one of 56 section 125.15 (manslaughter in the second degree); subdivision one, twoA. 4249--A 9 1 or four of section 125.20 (manslaughter in the first degree); section 2 125.25 (murder in the second degree); section 120.45 (stalking in the 3 fourth degree); section 120.50 (stalking in the third degree); section 4 120.55 (stalking in the second degree); section 120.60 (stalking in the 5 first degree); paragraph (a) of subdivision one, paragraph (a) of subdi- 6 vision two and paragraph (a) of subdivision three of section 130.35 7 (rape in the first degree); subdivision one of section 130.50 (criminal 8 sexual act in the first degree); subdivision one of section 130.65 9 (sexual abuse in the first degree); paragraph (a) of subdivision one of 10 section 130.67 (aggravated sexual abuse in the second degree); paragraph 11 (a) of subdivision one of section 130.70 (aggravated sexual abuse in the 12 first degree); section 135.05 (unlawful imprisonment in the second 13 degree); section 135.10 (unlawful imprisonment in the first degree); 14 section 135.20 (kidnapping in the second degree); section 135.25 15 (kidnapping in the first degree); section 135.60 (coercion in the third 16 degree); section 135.61 (coercion in the second degree); section 135.65 17 (coercion in the first degree); section 140.10 (criminal trespass in the 18 third degree); section 140.15 (criminal trespass in the second degree); 19 section 140.17 (criminal trespass in the first degree); section 140.20 20 (burglary in the third degree); section 140.25 (burglary in the second 21 degree); section 140.30 (burglary in the first degree); section 145.00 22 (criminal mischief in the fourth degree); section 145.05 (criminal 23 mischief in the third degree); section 145.10 (criminal mischief in the 24 second degree); section 145.12 (criminal mischief in the first degree); 25 section 150.05 (arson in the fourth degree); section 150.10 (arson in 26 the third degree); section 150.15 (arson in the second degree); section 27 150.20 (arson in the first degree); section 155.25 (petit larceny); 28 section 155.30 (grand larceny in the fourth degree); section 155.35 29 (grand larceny in the third degree); section 155.40 (grand larceny in 30 the second degree); section 155.42 (grand larceny in the first degree); 31 section 160.05 (robbery in the third degree); section 160.10 (robbery in 32 the second degree); section 160.15 (robbery in the first degree); 33 section 240.25 (harassment in the first degree); subdivision one, two or 34 four of section 240.30 (aggravated harassment in the second degree); or 35 any attempt or conspiracy to commit any of the foregoing offenses. 36 § 22. Subdivision 42 of section 1.20 of the criminal procedure law, as 37 amended by chapter 7 of the laws of 2007, is amended to read as follows: 38 42. "Juvenile offender" means (1) a person, thirteen years old who is 39 criminally responsible for acts constituting murder in the second degree 40 as defined in subdivisions one and two of section 125.25 of the penal 41 law, or such conduct as a sexually motivated felony, where authorized 42 pursuant to section 130.91 of the penal law; and (2) a person fourteen 43 or fifteen years old who is criminally responsible for acts constituting 44 the crimes defined in subdivisions one and two of section 125.25 (murder 45 in the second degree) and in subdivision three of such section provided 46 that the underlying crime for the murder charge is one for which such 47 person is criminally responsible; section 135.25 (kidnapping in the 48 first degree); 150.20 (arson in the first degree); subdivisions one and 49 two of section 120.10 (assault in the first degree); 125.20 (manslaught- 50 er in the first degree); [subdivisions one and] paragraphs (a) and (b) 51 of subdivision one, paragraphs (a) and (b) of subdivision two and para- 52 graphs (a) and (b) of subdivision three of section 130.35 (rape in the 53 first degree); [subdivisions one and two of section 130.50 (criminal54sexual act in the first degree);] 130.70 (aggravated sexual abuse in the 55 first degree); 140.30 (burglary in the first degree); subdivision one of 56 section 140.25 (burglary in the second degree); 150.15 (arson in theA. 4249--A 10 1 second degree); 160.15 (robbery in the first degree); subdivision two of 2 section 160.10 (robbery in the second degree) of the penal law; or 3 section 265.03 of the penal law, where such machine gun or such firearm 4 is possessed on school grounds, as that phrase is defined in subdivision 5 fourteen of section 220.00 of the penal law; or defined in the penal law 6 as an attempt to commit murder in the second degree or kidnapping in the 7 first degree, or such conduct as a sexually motivated felony, where 8 authorized pursuant to section 130.91 of the penal law. 9 § 23. Paragraphs (a) and (b) of subdivision 1, the opening paragraph 10 of subdivision 2 and paragraph (a) of subdivision 3 of section 140.20 of 11 the criminal procedure law, paragraphs (a) and (b) of subdivision 1 as 12 amended by chapter 324 of the laws of 1988, the opening paragraph of 13 subdivision 2 and paragraph (a) of subdivision 3 as amended by chapter 14 550 of the laws of 1987, are amended to read as follows: 15 (a) If the arrest is for an offense other than a class A, B, C or D 16 felony or a violation of section 130.25, [130.40,] 205.10, 205.17, 17 205.19 or 215.56 of the penal law committed in a town, but not in a 18 village thereof having a village court, and the town court of such town 19 is not available at the time, the arrested person may be brought before 20 the local criminal court of any village within such town or, any adjoin- 21 ing town, village embraced in whole or in part by such adjoining town, 22 or city of the same county; and 23 (b) If the arrest is for an offense other than a class A, B, C or D 24 felony or a violation of section 130.25, [130.40,] 205.10, 205.17, 25 205.19 or 215.56 of the penal law committed in a village having a 26 village court and such court is not available at the time, the arrested 27 person may be brought before the town court of the town embracing such 28 village or any other village court within such town, or, if such town or 29 village court is not available either, before the local criminal court 30 of any adjoining town, village embraced in whole or in part by such 31 adjoining town, or city of the same county; and 32 If the arrest is for an offense other than a class A, B, C or D felony 33 or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or 34 215.56 of the penal law, the arrested person need not be brought before 35 a local criminal court as provided in subdivision one, and the procedure 36 may instead be as follows: 37 (a) the arrest is for an offense other than a class A, B, C or D felo- 38 ny or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or 39 215.56 of the penal law, and 40 § 24. Paragraph (a) of subdivision 3 and the opening paragraph of 41 subdivision 4 of section 140.27 of the criminal procedure law, as 42 amended by chapter 550 of the laws of 1987, are amended to read as 43 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 If the arrest is for an offense other than a class A, B, C or D felony 48 or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or 49 215.56 of the penal law, the arrested person need not be brought before 50 a local criminal court as provided in subdivision two, and the procedure 51 may instead be as follows: 52 § 25. Paragraph (a) of subdivision 2 and the opening paragraph of 53 subdivision 3 of section 140.40 of the criminal procedure law, as 54 amended by chapter 550 of the laws of 1987, are amended to read as 55 follows:A. 4249--A 11 1 (a) the arrest is for an offense other than a class A, B, C or D felo- 2 ny or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or 3 215.56 of the penal law and 4 If the arrest is for an offense other than a class A, B, C or D felony 5 or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or 6 215.56 of the penal law, the arrested person need not be brought before 7 a local criminal court, as provided in subdivision one, and the proce- 8 dure may instead be as follows: 9 § 26. Section 150.20 of the criminal procedure law, subdivisions 1, 2 10 and 3 as amended by chapter 550 of the laws of 1987, is amended to read 11 as follows: 12 § 150.20 Appearance ticket; when and by whom issuable. 13 1. Whenever a police officer is authorized pursuant to section 140.10 14 to arrest a person without a warrant for an offense other than a class 15 A, B, C or D felony or a violation of section 130.25, [130.40,] 205.10, 16 205.17, 205.19 or 215.56 of the penal law, he may, subject to the 17 provisions of subdivisions three and four of section 150.40, instead 18 issue to and serve upon such person an appearance ticket. 19 2. (a) Whenever a police officer has arrested a person without a 20 warrant for an offense other than a class A, B, C or D felony or a 21 violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or 215.56 22 of the penal law pursuant to section 140.10, or (b) whenever a peace 23 officer, who is not authorized by law to issue an appearance ticket, has 24 arrested a person for an offense other than a class A, B, C or D felony 25 or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or 26 215.56 of the penal law pursuant to section 140.25, and has requested a 27 police officer to issue and serve upon such arrested person an appear- 28 ance ticket pursuant to subdivision four of section 140.27, or (c) when- 29 ever a person has been arrested for an offense other than a class A, B, 30 C or D felony or a violation of section 130.25, [130.40,] 205.10, 31 205.17, 205.19 or 215.56 of the penal law and has been delivered to the 32 custody of an appropriate police officer pursuant to section 140.40, 33 such police officer may, instead of bringing such person before a local 34 criminal court and promptly filing or causing the arresting peace offi- 35 cer or arresting person to file a local criminal court accusatory 36 instrument therewith, issue to and serve upon such person an appearance 37 ticket. The issuance and service of an appearance ticket under such 38 circumstances may be conditioned upon a deposit of pre-arraignment bail, 39 as provided in section 150.30. 40 3. A public servant other than a police officer, who is specially 41 authorized by state law or local law enacted pursuant to the provisions 42 of the municipal home rule law to issue and serve appearance tickets 43 with respect to designated offenses other than class A, B, C or D felo- 44 nies or violations of section 130.25, [130.40,] 205.10, 205.17, 205.19 45 or 215.56 of the penal law, may in such cases issue and serve upon a 46 person an appearance ticket when he has reasonable cause to believe that 47 such person has committed a crime, or has committed a petty offense in 48 his presence. 49 § 27. Subdivision (a) of section 190.71 of the criminal procedure law, 50 as amended by chapter 7 of the laws of 2007, is amended to read as 51 follows: 52 (a) Except as provided in subdivision six of section 200.20 of this 53 chapter, a grand jury may not indict (i) a person thirteen years of age 54 for any conduct or crime other than conduct constituting a crime defined 55 in subdivisions one and two of section 125.25 (murder in the second 56 degree) or such conduct as a sexually motivated felony, where authorizedA. 4249--A 12 1 pursuant to section 130.91 of the penal law; (ii) a person fourteen or 2 fifteen years of age for any conduct or crime other than conduct consti- 3 tuting a crime defined in subdivisions one and two of section 125.25 4 (murder in the second degree) and in subdivision three of such section 5 provided that the underlying crime for the murder charge is one for 6 which such person is criminally responsible; 135.25 (kidnapping in the 7 first degree); 150.20 (arson in the first degree); subdivisions one and 8 two of section 120.10 (assault in the first degree); 125.20 (manslaught- 9 er in the first degree); [subdivisions one and] paragraphs (a) and (b) 10 of subdivision one, paragraphs (a) and (b) of subdivision two and para- 11 graphs (a) and (b) of subdivision three of section 130.35 (rape in the 12 first degree); [subdivisions one and two of section 130.50 (criminal13sexual act in the first degree);] 130.70 (aggravated sexual abuse in the 14 first degree); 140.30 (burglary in the first degree); subdivision one of 15 section 140.25 (burglary in the second degree); 150.15 (arson in the 16 second degree); 160.15 (robbery in the first degree); subdivision two of 17 section 160.10 (robbery in the second degree) of the penal law; [subdi-18vision four of section 265.02 of the penal law, where such firearm is19possessed on school grounds, as that phrase is defined in subdivision20fourteen of section 220.00 of the penal law;] or section 265.03 of the 21 penal law, where such machine gun or such firearm is possessed on school 22 grounds, as that phrase is defined in subdivision fourteen of section 23 220.00 of the penal law; or defined in the penal law as an attempt to 24 commit murder in the second degree or kidnapping in the first degree, or 25 such conduct as a sexually motivated felony, where authorized pursuant 26 to section 130.91 of the penal law. 27 § 28. Subdivision 4 of section 722.20 of the criminal procedure law, 28 as added by section 1-a of part WWW of chapter 59 of the laws of 2017, 29 is amended to read as follows: 30 4. Notwithstanding the provisions of subdivisions two and three of 31 this section, the court shall, at the request of the district attorney, 32 order removal of an action against a juvenile offender to the family 33 court pursuant to the provisions of article seven hundred twenty-five of 34 this title if, upon consideration of the criteria specified in subdivi- 35 sion two of section 722.22 of this article, it is determined that to do 36 so would be in the interests of justice. Where, however, the felony 37 complaint charges the juvenile offender with murder in the second degree 38 as defined in section 125.25 of the penal law, rape in the first degree 39 as defined in paragraph (a) of subdivision one, paragraph (a) of subdi- 40 vision two and paragraph (a) of subdivision three of section 130.35 of 41 the penal law, [criminal sexual act in the first degree as defined in42subdivision one of section 130.50 of the penal law,] or an armed felony 43 as defined in paragraph (a) of subdivision forty-one of section 1.20 of 44 this chapter, a determination that such action be removed to the family 45 court shall, in addition, be based upon a finding of one or more of the 46 following factors: (i) mitigating circumstances that bear directly upon 47 the manner in which the crime was committed; or (ii) where the defendant 48 was not the sole participant in the crime, the defendant's participation 49 was relatively minor although not so minor as to constitute a defense to 50 the prosecution; or (iii) possible deficiencies in proof of the crime. 51 § 29. Subdivision 5 of section 722.21 of the criminal procedure law, 52 as added by section 1-a of part WWW of chapter 59 of the laws of 2017, 53 is amended to read as follows: 54 5. Notwithstanding subdivisions two and three of this section, at the 55 request of the district attorney, the court shall order removal of an 56 action against an adolescent offender charged with an offense listed inA. 4249--A 13 1 paragraph (a) of subdivision two of section 722.23 of this article, to 2 the family court pursuant to the provisions of article seven hundred 3 twenty-five of this title and upon consideration of the criteria speci- 4 fied in subdivision two of section 722.22 of this article, it is deter- 5 mined that to do so would be in the interests of justice. Where, howev- 6 er, the felony complaint charges the adolescent offender with murder in 7 the second degree as defined in section 125.25 of the penal law, rape in 8 the first degree as defined in paragraph (a) of subdivision one, para- 9 graph (a) of subdivision two and paragraph (a) of subdivision three of 10 section 130.35 of the penal law, [criminal sexual act in the first11degree as defined in subdivision one of section 130.50 of the penal12law,] or an armed felony as defined in paragraph (a) of subdivision 13 forty-one of section 1.20 of this chapter, a determination that such 14 action be removed to the family court shall, in addition, be based upon 15 a finding of one or more of the following factors: (i) mitigating 16 circumstances that bear directly upon the manner in which the crime was 17 committed; or (ii) where the defendant was not the sole participant in 18 the crime, the defendant's participation was relatively minor although 19 not so minor as to constitute a defense to the prosecution; or (iii) 20 possible deficiencies in proof of the crime. 21 § 30. Paragraph (b) of subdivision 1 of section 722.22 of the criminal 22 procedure law, as added by section 1-a of part WWW of chapter 59 of the 23 laws of 2017, is amended to read as follows: 24 (b) with the consent of the district attorney, order removal of an 25 action involving an indictment charging a juvenile offender with murder 26 in the second degree as defined in section 125.25 of the penal law; rape 27 in the first degree, as defined in paragraph (a) of subdivision one, 28 paragraph (a) of subdivision two and paragraph (a) of subdivision three 29 of section 130.35 of the penal law[; criminal sexual act in the first30degree, as defined in subdivision one of section 130.50 of the penal31law]; or an armed felony as defined in paragraph (a) of subdivision 32 forty-one of section 1.20 of this chapter, to the family court pursuant 33 to the provisions of article seven hundred twenty-five of this title if 34 the court finds one or more of the following factors: (i) mitigating 35 circumstances that bear directly upon the manner in which the crime was 36 committed; (ii) where the defendant was not the sole participant in the 37 crime, the defendant's participation was relatively minor although not 38 so minor as to constitute a defense to the prosecution; or (iii) possi- 39 ble deficiencies in the proof of the crime, and, after consideration of 40 the factors set forth in subdivision two of this section, the court 41 determined that removal of the action to the family court would be in 42 the interests of justice. 43 § 31. Subparagraph (iii) of paragraph (g) of subdivision 5 of section 44 220.10 of the criminal procedure law, as amended by chapter 264 of the 45 laws of 2003, is amended to read as follows: 46 (iii) Where the indictment does not charge a crime specified in 47 subparagraph (i) of this paragraph, the district attorney may recommend 48 removal of the action to the family court. Upon making such recommenda- 49 tion the district attorney shall submit a subscribed memorandum setting 50 forth: (1) a recommendation that the interests of justice would best be 51 served by removal of the action to the family court; and (2) if the 52 indictment charges a thirteen year old with the crime of murder in the 53 second degree, or a fourteen or fifteen year old with the crimes of rape 54 in the first degree as defined in paragraph (a) of subdivision one, 55 paragraph (a) of subdivision two and paragraph (a) of subdivision three 56 of section 130.35 of the penal law, [or criminal sexual act in the firstA. 4249--A 14 1degree as defined in subdivision one of section 130.50 of the penal2law,] or an armed felony as defined in paragraph (a) of subdivision 3 forty-one of section 1.20 of this chapter specific factors, one or more 4 of which reasonably supports the recommendation, showing, (i) mitigating 5 circumstances that bear directly upon the manner in which the crime was 6 committed, or (ii) where the defendant was not the sole participant in 7 the crime, that the defendant's participation was relatively minor 8 although not so minor as to constitute a defense to the prosecution, or 9 (iii) possible deficiencies in proof of the crime, or (iv) where the 10 juvenile offender has no previous adjudications of having committed a 11 designated felony act, as defined in subdivision eight of section 301.2 12 of the family court act, regardless of the age of the offender at the 13 time of commission of the act, that the criminal act was not part of a 14 pattern of criminal behavior and, in view of the history of the offen- 15 der, is not likely to be repeated. 16 § 32. Subdivision 6 of section 300.50 of the criminal procedure law, 17 as amended by chapter 264 of the laws of 2003, is amended to read as 18 follows: 19 6. For purposes of this section, the offenses of rape in the third 20 degree as defined in [subdivision three] subdivisions seven, eight and 21 nine of section 130.25 of the penal law [and criminal sexual act in the22third degree as defined in subdivision three of section 130.40 of the23penal law], are not lesser included offenses of rape in the first 24 degree[, criminal sexual act in the first degree] or any other offense. 25 Notwithstanding the foregoing, either such offense may be submitted as a 26 lesser included offense of the applicable first degree offense when (i) 27 there is a reasonable view of the evidence which would support a finding 28 that the defendant committed such lesser offense but did not commit the 29 greater offense, and (ii) both parties consent to its submission. 30 § 32-a. Subdivision 6 of section 380.50 of the criminal procedure law, 31 as separately amended by chapters 368 and 394 of the laws of 2015, is 32 amended to read as follows: 33 6. Regardless of whether the victim requests to make a statement with 34 regard to the defendant's sentence, where the defendant is sentenced for 35 a violent felony offense as defined in section 70.02 of the penal law or 36 a felony defined in article one hundred twenty-five of such law or any 37 of the following provisions of such law sections 130.25, 130.30, 38 [130.40, 130.45,] 255.25, 255.26, 255.27, article two hundred sixty- 39 three, 135.10, 135.25, 230.05, 230.06, 230.11, 230.12, 230.13, subdivi- 40 sion two of section 230.30 or 230.32, the prosecutor shall, within sixty 41 days of the imposition of sentence, provide the victim with a form, 42 prepared and distributed by the commissioner of the division of criminal 43 justice services, in consultation with the director of the office of 44 victim services, on which the victim may indicate a demand to be 45 informed of any petition to change the name of such defendant. Such 46 forms shall be maintained by such prosecutor. Upon receipt of a notice 47 of a petition to change the name of any such defendant, pursuant to 48 subdivision two of section sixty-two of the civil rights law, the prose- 49 cutor shall promptly notify the victim at the most current address or 50 telephone number provided by such victim in the most reasonable and 51 expedient possible manner of the time and place such petition will be 52 presented to the court. 53 § 33. Paragraph (b) of subdivision 8 of section 700.05 of the criminal 54 procedure law, as amended by chapter 368 of the laws of 2015, is amended 55 to read as follows:A. 4249--A 15 1 (b) Any of the following felonies: assault in the second degree as 2 defined in section 120.05 of the penal law, assault in the first degree 3 as defined in section 120.10 of the penal law, reckless endangerment in 4 the first degree as defined in section 120.25 of the penal law, promot- 5 ing a suicide attempt as defined in section 120.30 of the penal law, 6 strangulation in the second degree as defined in section 121.12 of the 7 penal law, strangulation in the first degree as defined in section 8 121.13 of the penal law, criminally negligent homicide as defined in 9 section 125.10 of the penal law, manslaughter in the second degree as 10 defined in section 125.15 of the penal law, manslaughter in the first 11 degree as defined in section 125.20 of the penal law, murder in the 12 second degree as defined in section 125.25 of the penal law, murder in 13 the first degree as defined in section 125.27 of the penal law, abortion 14 in the second degree as defined in section 125.40 of the penal law, 15 abortion in the first degree as defined in section 125.45 of the penal 16 law, rape in the third degree as defined in section 130.25 of the penal 17 law, rape in the second degree as defined in section 130.30 of the penal 18 law, rape in the first degree as defined in section 130.35 of the penal 19 law, [criminal sexual act in the third degree as defined in section20130.40 of the penal law, criminal sexual act in the second degree as21defined in section 130.45 of the penal law, criminal sexual act in the22first degree as defined in section 130.50 of the penal law,] sexual 23 abuse in the first degree as defined in section 130.65 of the penal law, 24 unlawful imprisonment in the first degree as defined in section 135.10 25 of the penal law, kidnapping in the second degree as defined in section 26 135.20 of the penal law, kidnapping in the first degree as defined in 27 section 135.25 of the penal law, labor trafficking as defined in section 28 135.35 of the penal law, aggravated labor trafficking as defined in 29 section 135.37 of the penal law, custodial interference in the first 30 degree as defined in section 135.50 of the penal law, coercion in the 31 first degree as defined in section 135.65 of the penal law, criminal 32 trespass in the first degree as defined in section 140.17 of the penal 33 law, burglary in the third degree as defined in section 140.20 of the 34 penal law, burglary in the second degree as defined in section 140.25 of 35 the penal law, burglary in the first degree as defined in section 140.30 36 of the penal law, criminal mischief in the third degree as defined in 37 section 145.05 of the penal law, criminal mischief in the second degree 38 as defined in section 145.10 of the penal law, criminal mischief in the 39 first degree as defined in section 145.12 of the penal law, criminal 40 tampering in the first degree as defined in section 145.20 of the penal 41 law, arson in the fourth degree as defined in section 150.05 of the 42 penal law, arson in the third degree as defined in section 150.10 of the 43 penal law, arson in the second degree as defined in section 150.15 of 44 the penal law, arson in the first degree as defined in section 150.20 of 45 the penal law, grand larceny in the fourth degree as defined in section 46 155.30 of the penal law, grand larceny in the third degree as defined in 47 section 155.35 of the penal law, grand larceny in the second degree as 48 defined in section 155.40 of the penal law, grand larceny in the first 49 degree as defined in section 155.42 of the penal law, health care fraud 50 in the fourth degree as defined in section 177.10 of the penal law, 51 health care fraud in the third degree as defined in section 177.15 of 52 the penal law, health care fraud in the second degree as defined in 53 section 177.20 of the penal law, health care fraud in the first degree 54 as defined in section 177.25 of the penal law, robbery in the third 55 degree as defined in section 160.05 of the penal law, robbery in the 56 second degree as defined in section 160.10 of the penal law, robbery inA. 4249--A 16 1 the first degree as defined in section 160.15 of the penal law, unlawful 2 use of secret scientific material as defined in section 165.07 of the 3 penal law, criminal possession of stolen property in the fourth degree 4 as defined in section 165.45 of the penal law, criminal possession of 5 stolen property in the third degree as defined in section 165.50 of the 6 penal law, criminal possession of stolen property in the second degree 7 as defined by section 165.52 of the penal law, criminal possession of 8 stolen property in the first degree as defined by section 165.54 of the 9 penal law, trademark counterfeiting in the second degree as defined in 10 section 165.72 of the penal law, trademark counterfeiting in the first 11 degree as defined in section 165.73 of the penal law, forgery in the 12 second degree as defined in section 170.10 of the penal law, forgery in 13 the first degree as defined in section 170.15 of the penal law, criminal 14 possession of a forged instrument in the second degree as defined in 15 section 170.25 of the penal law, criminal possession of a forged instru- 16 ment in the first degree as defined in section 170.30 of the penal law, 17 criminal possession of forgery devices as defined in section 170.40 of 18 the penal law, falsifying business records in the first degree as 19 defined in section 175.10 of the penal law, tampering with public 20 records in the first degree as defined in section 175.25 of the penal 21 law, offering a false instrument for filing in the first degree as 22 defined in section 175.35 of the penal law, issuing a false certificate 23 as defined in section 175.40 of the penal law, criminal diversion of 24 prescription medications and prescriptions in the second degree as 25 defined in section 178.20 of the penal law, criminal diversion of 26 prescription medications and prescriptions in the first degree as 27 defined in section 178.25 of the penal law, residential mortgage fraud 28 in the fourth degree as defined in section 187.10 of the penal law, 29 residential mortgage fraud in the third degree as defined in section 30 187.15 of the penal law, residential mortgage fraud in the second degree 31 as defined in section 187.20 of the penal law, residential mortgage 32 fraud in the first degree as defined in section 187.25 of the penal law, 33 escape in the second degree as defined in section 205.10 of the penal 34 law, escape in the first degree as defined in section 205.15 of the 35 penal law, absconding from temporary release in the first degree as 36 defined in section 205.17 of the penal law, promoting prison contraband 37 in the first degree as defined in section 205.25 of the penal law, 38 hindering prosecution in the second degree as defined in section 205.60 39 of the penal law, hindering prosecution in the first degree as defined 40 in section 205.65 of the penal law, sex trafficking as defined in 41 section 230.34 of the penal law, criminal possession of a weapon in the 42 third degree as defined in subdivisions two, three and five of section 43 265.02 of the penal law, criminal possession of a weapon in the second 44 degree as defined in section 265.03 of the penal law, criminal 45 possession of a weapon in the first degree as defined in section 265.04 46 of the penal law, manufacture, transport, disposition and defacement of 47 weapons and dangerous instruments and appliances defined as felonies in 48 subdivisions one, two, and three of section 265.10 of the penal law, 49 sections 265.11, 265.12 and 265.13 of the penal law, or prohibited use 50 of weapons as defined in subdivision two of section 265.35 of the penal 51 law, relating to firearms and other dangerous weapons, or failure to 52 disclose the origin of a recording in the first degree as defined in 53 section 275.40 of the penal law; 54 § 34. Paragraph (a) of subdivision 2 of section 720.10 of the criminal 55 procedure law, as amended by chapter 316 of the laws of 2006, is amended 56 to read as follows:A. 4249--A 17 1 (a) the conviction to be replaced by a youthful offender finding is 2 for (i) a class A-I or class A-II felony, or (ii) an armed felony as 3 defined in subdivision forty-one of section 1.20, except as provided in 4 subdivision three, or (iii) rape in the first degree[, criminal sexual5act in the first degree,] or aggravated sexual abuse, except as provided 6 in subdivision three, or 7 § 35. Paragraph (a) of subdivision 2 and paragraph (a) of subdivision 8 3 of section 168-a of the correction law, as amended by chapter 405 of 9 the laws of 2008, subparagraph (i) of paragraph (a) as amended by chap- 10 ter 368 of the laws of 2015 and paragraph (a) of subdivision 3 as 11 amended by chapter 107 of the laws of 2006, are amended to read as 12 follows: 13 (a) (i) a conviction of or a conviction for an attempt to commit any 14 of the provisions of sections 120.70, 130.20, 130.25, 130.30, [130.40,15130.45,] 130.60, 230.34, 250.50, 255.25, 255.26 and 255.27 or article 16 two hundred sixty-three of the penal law, or section 135.05, 135.10, 17 135.20 or 135.25 of such law relating to kidnapping offenses, provided 18 the victim of such kidnapping or related offense is less than seventeen 19 years old and the offender is not the parent of the victim, or section 20 230.04, where the person patronized is in fact less than seventeen years 21 of age, 230.05, 230.06, 230.11, 230.12, 230.13, subdivision two of 22 section 230.30, section 230.32, 230.33, or 230.34 of the penal law, or 23 section 230.25 of the penal law where the person prostituted is in fact 24 less than seventeen years old, or (ii) a conviction of or a conviction 25 for an attempt to commit any of the provisions of section 235.22 of the 26 penal law, or (iii) a conviction of or a conviction for an attempt to 27 commit any provisions of the foregoing sections committed or attempted 28 as a hate crime defined in section 485.05 of the penal law or as a crime 29 of terrorism defined in section 490.25 of such law or as a sexually 30 motivated felony defined in section 130.91 of such law; or 31 (a) (i) a conviction of or a conviction for an attempt to commit any 32 of the provisions of sections 130.35, [130.50,] 130.65, 130.66, 130.67, 33 130.70, 130.75, 130.80, 130.95 and 130.96 of the penal law, or (ii) a 34 conviction of or a conviction for an attempt to commit any of the 35 provisions of sections 130.53, 130.65-a and 130.90 of the penal law, or 36 (iii) a conviction of or a conviction for an attempt to commit any 37 provisions of the foregoing sections committed or attempted as a hate 38 crime defined in section 485.05 of the penal law or as a crime of 39 terrorism defined in section 490.25 of such law; or 40 § 36. Subparagraph (ii) of paragraph (a), subparagraphs (i) and (ii) 41 of paragraph (b) and paragraph (e) of subdivision 8 of section 384-b of 42 the social services law, subparagraph (ii) of paragraph (a) and subpara- 43 graph (i) of paragraph (b) as amended by chapter 430 of the laws of 44 2013, subparagraph (ii) of paragraph (b) as amended and paragraph (e) as 45 added by chapter 7 of the laws of 1999, are amended to read as follows: 46 (ii) the child has been found to be an abused child, as defined in 47 paragraph (iii) of subdivision (e) of section ten hundred twelve of the 48 family court act, as a result of such parent's acts; provided, however, 49 the respondent must have committed or knowingly allowed to be committed 50 a felony sex offense as defined in sections 130.25, 130.30, 130.35, 51 [130.40, 130.45, 130.50,] 130.65, 130.67, 130.70, 130.75, 130.80, 130.95 52 and 130.96 of the penal law and, for the purposes of this section the 53 corroboration requirements contained in the penal law shall not apply to 54 proceedings under this section; or 55 (i) the child has been found to be an abused child, (A) as defined in 56 paragraph (i) of subdivision (e) of section ten hundred twelve of theA. 4249--A 18 1 family court act, as a result of such parent's acts; or (B) as defined 2 in paragraph (iii) of subdivision (e) of section ten hundred twelve of 3 the family court act, as a result of such parent's acts; provided, 4 however, the respondent must have committed or knowingly allowed to be 5 committed a felony sex offense as defined in sections 130.25, 130.30, 6 130.35, [130.40, 130.45, 130.50,] 130.65, 130.67, 130.70, 130.75, 7 130.80, 130.95 and 130.96 of the penal law; and 8 (ii) (A) the child or another child for whose care such parent is or 9 has been legally responsible has been previously found, within the five 10 years immediately preceding the initiation of the proceeding in which 11 such abuse is found, to be an abused child, as defined in paragraph (i) 12 or (iii) of subdivision (e) of section ten hundred twelve of the family 13 court act, as a result of such parent's acts; provided, however, in the 14 case of a finding of abuse as defined in paragraph (iii) of subdivision 15 (e) of section ten hundred twelve of the family court act the respondent 16 must have committed or knowingly allowed to be committed a felony sex 17 offense as defined in sections 130.25, 130.30, 130.35, [130.40, 130.45,18130.50,] 130.65, 130.67, 130.70, 130.75 and 130.80 of the penal law, or 19 (B) the parent has been convicted of a crime under section 130.25, 20 130.30, 130.35, [130.40, 130.45, 130.50,] 130.65, 130.67, 130.70, 130.75 21 or 130.80 of the penal law against the child, a sibling of the child or 22 another child for whose care such parent is or has been legally respon- 23 sible, within the five year period immediately preceding the initiation 24 of the proceeding in which abuse is found; and 25 (e) A determination by the court in accordance with article ten of the 26 family court act based upon clear and convincing evidence that a child 27 was abused (A) as defined in paragraph (i) of subdivision (e) of section 28 ten hundred twelve of the family court act, as a result of such parent's 29 acts; or (B) as defined in paragraph (iii) of subdivision (e) of section 30 ten hundred twelve of the family court act, as a result of such parent's 31 acts; provided, however, the respondent must have committed or knowingly 32 allowed to be committed a felony sex offense as defined in sections 33 130.25, 130.30, 130.35, [130.40, 130.45, 130.50,] 130.65, 130.67, 34 130.70, 130.75 and 130.80 of the penal law shall establish that the 35 child was an abused child for the purpose of a determination as required 36 by subparagraph (i) or (ii) of paragraph (b) of this subdivision. Such a 37 determination by the court in accordance with article ten of the family 38 court act based upon a fair preponderance of evidence shall be admissi- 39 ble in any proceeding commenced in accordance with this section. 40 § 37. Paragraphs (a) and (b) of subdivision 4 of section 509-cc of the 41 vehicle and traffic law, as amended by chapter 400 of the laws of 2011, 42 are amended to read as follows: 43 (a) The offenses referred to in subparagraph (ii) of paragraph (a) of 44 subdivision one and paragraph (a) of subdivision two of this section 45 that result in permanent disqualification shall include a conviction 46 under sections 125.12, 125.13, 125.14, 125.15, 125.20, 125.21, 125.22, 47 125.25, 125.26, 125.27, 130.30, 130.35, [130.45, 130.50,] 130.65, 48 130.66, 130.67, 130.70, 130.75, 130.80, 130.90, 130.95, 130.96, 135.25, 49 150.20, 230.30, 230.32, 230.34, 235.22, 263.05, 263.10, 263.11, 263.15, 50 263.16 of the penal law or an attempt to commit any of the aforesaid 51 offenses under section 110.00 of the penal law, or any offenses commit- 52 ted under a former section of the penal law which would constitute 53 violations of the aforesaid sections of the penal law, or any offenses 54 committed outside this state which would constitute violations of the 55 aforesaid sections of the penal law.A. 4249--A 19 1 (b) The offenses referred to in subparagraph (ii) of paragraph (a) of 2 subdivision one and paragraph (b) of subdivision two of this section 3 that result in permanent disqualification shall include a conviction 4 under sections 100.13, 105.15, 105.17, 115.08, 120.12, 120.70, 125.10, 5 125.11, [130.40,] 130.53, 130.60, 130.65-a, 135.20, 160.15, 220.18, 6 220.21, 220.39, 220.41, 220.43, 220.44, 230.25, 260.00, 265.04 of the 7 penal law or an attempt to commit any of the aforesaid offenses under 8 section 110.00 of the penal law, or any offenses committed under a 9 former section of the penal law which would constitute violations of the 10 aforesaid sections of the penal law, or any offenses committed outside 11 this state which would constitute violations of the aforesaid sections 12 of the penal law. 13 § 38. Subdivision (b) of section 117 of the family court act, as 14 amended by chapter 7 of the laws of 2007, is amended to read as follows: 15 (b) For every juvenile delinquency proceeding under article three 16 involving an allegation of an act committed by a person which, if done 17 by an adult, would be a crime (i) defined in sections 125.27 (murder in 18 the first degree); 125.25 (murder in the second degree); 135.25 (kidnap- 19 ping in the first degree); or 150.20 (arson in the first degree) of the 20 penal law committed by a person thirteen, fourteen or fifteen years of 21 age; or such conduct committed as a sexually motivated felony, where 22 authorized pursuant to section 130.91 of the penal law; (ii) defined in 23 sections 120.10 (assault in the first degree); 125.20 (manslaughter in 24 the first degree); 130.35 (rape in the first degree); [130.50 (criminal25sexual act in the first degree);] 135.20 (kidnapping in the second 26 degree), but only where the abduction involved the use or threat of use 27 of deadly physical force; 150.15 (arson in the second degree); or 160.15 28 (robbery in the first degree) of the penal law committed by a person 29 thirteen, fourteen or fifteen years of age; or such conduct committed as 30 a sexually motivated felony, where authorized pursuant to section 130.91 31 of the penal law; (iii) defined in the penal law as an attempt to commit 32 murder in the first or second degree or kidnapping in the first degree 33 committed by a person thirteen, fourteen or fifteen years of age; or 34 such conduct committed as a sexually motivated felony, where authorized 35 pursuant to section 130.91 of the penal law; (iv) defined in section 36 140.30 (burglary in the first degree); subdivision one of section 140.25 37 (burglary in the second degree); subdivision two of section 160.10 38 (robbery in the second degree) of the penal law; or section 265.03 of 39 the penal law, where such machine gun or such firearm is possessed on 40 school grounds, as that phrase is defined in subdivision fourteen of 41 section 220.00 of the penal law committed by a person fourteen or 42 fifteen years of age; or such conduct committed as a sexually motivated 43 felony, where authorized pursuant to section 130.91 of the penal law; 44 (v) defined in section 120.05 (assault in the second degree) or 160.10 45 (robbery in the second degree) of the penal law committed by a person 46 fourteen or fifteen years of age but only where there has been a prior 47 finding by a court that such person has previously committed an act 48 which, if committed by an adult, would be the crime of assault in the 49 second degree, robbery in the second degree or any designated felony act 50 specified in clause (i), (ii) or (iii) of this subdivision regardless of 51 the age of such person at the time of the commission of the prior act; 52 or (vi) other than a misdemeanor, committed by a person at least seven 53 but less than sixteen years of age, but only where there has been two 54 prior findings by the court that such person has committed a prior act 55 which, if committed by an adult would be a felony:A. 4249--A 20 1 (i) There is hereby established in the family court in the city of New 2 York at least one "designated felony act part." Such part or parts shall 3 be held separate from all other proceedings of the court, and shall have 4 jurisdiction over all proceedings involving such an allegation. All such 5 proceedings shall be originated in or be transferred to this part from 6 other parts as they are made known to the court. 7 (ii) Outside the city of New York, all proceedings involving such an 8 allegation shall have a hearing preference over every other proceeding 9 in the court, except proceedings under article ten. 10 § 39. Paragraph (ii) of subdivision 8 of section 301.2 of the family 11 court act, as amended by section 57 of part WWW of chapter 59 of the 12 laws of 2017, is amended to read as follows: 13 (ii) defined in sections 120.10 (assault in the first degree); 125.20 14 (manslaughter in the first degree); 130.35 (rape in the first degree); 15 [130.50 (criminal sexual act in the first degree);] 130.70 (aggravated 16 sexual abuse in the first degree); 135.20 (kidnapping in the second 17 degree) but only where the abduction involved the use or threat of use 18 of deadly physical force; 150.15 (arson in the second degree) or 160.15 19 (robbery in the first degree) of the penal law committed by a person 20 thirteen, fourteen, fifteen, or sixteen, or, commencing October first, 21 two thousand nineteen, seventeen years of age; or such conduct committed 22 as a sexually motivated felony, where authorized pursuant to section 23 130.91 of the penal law; 24 § 40. Subdivision 4 of section 308.1 of the family court act, as 25 amended by chapter 264 of the laws of 2003, is amended to read as 26 follows: 27 4. The probation service shall not adjust a case in which the child 28 has allegedly committed a delinquent act which would be a crime defined 29 in section 120.25, (reckless endangerment in the first degree), [subdi-30vision one of section 125.15, (manslaughter in the second degree),31subdivision] subdivisions one, two and three of section 130.25, (rape in 32 the third degree), [subdivision one of section 130.40, (criminal sexual33act in the third degree),] subdivision one or two of section 130.65, 34 (sexual abuse in the first degree), section 135.65, (coercion in the 35 first degree), section 140.20, (burglary in the third degree), section 36 150.10, (arson in the third degree), section 160.05, (robbery in the 37 third degree), subdivision two, three or four of section 265.02, (crimi- 38 nal possession of a weapon in the third degree), section 265.03, (crimi- 39 nal possession of a weapon in the second degree), or section 265.04, 40 (criminal possession of a dangerous weapon in the first degree) of the 41 penal law where the child has previously had one or more adjustments of 42 a case in which such child allegedly committed an act which would be a 43 crime specified in this subdivision unless it has received written 44 approval from the court and the appropriate presentment agency. 45 § 41. Subdivision (c) of section 1052 of the family court act, as 46 added by chapter 739 of the laws of 1981, is amended to read as follows: 47 (c) Prior to granting an order of disposition pursuant to subdivision 48 (a) of this section following an adjudication of child abuse, as defined 49 in paragraph (i) of subdivision (e) of section ten hundred twelve of 50 this act or a finding of a felony sex offense as defined in sections 51 130.25, 130.30, 130.35, [130.40, 130.45, 130.50,] 130.65 and 130.70 of 52 the penal law, the court shall advise the respondent that any subsequent 53 adjudication of child abuse, as defined in paragraph (i) of subdivision 54 (e) of section one thousand twelve of this act or any subsequent finding 55 of a felony sex offense as defined in those sections of the penal law 56 herein enumerated, arising out of acts of the respondent may result inA. 4249--A 21 1 the commitment of the guardianship and custody of the child or another 2 child pursuant to section three hundred eighty-four-b of the social 3 services law. The order in such cases shall contain a statement that any 4 subsequent adjudication of child abuse or finding of a felony sex 5 offense as described herein may result in the commitment of the guardi- 6 anship and custody of the child, or another child pursuant to section 7 three hundred eighty-four-b of the social services law. 8 § 42. Subdivision 2 of section 61 of the civil rights law, as amended 9 by section 54 of subpart B of part C of chapter 62 of the laws of 2011, 10 is amended to read as follows: 11 2. If the petitioner stands convicted of a violent felony offense as 12 defined in section 70.02 of the penal law or a felony defined in article 13 one hundred twenty-five of such law or any of the following provisions 14 of such law sections 130.25, 130.30, [130.40, 130.45,] 255.25, 255.26, 15 255.27, article two hundred sixty-three, 135.10, 135.25, 230.05, 230.06, 16 subdivision two of section 230.30 or 230.32, and is currently confined 17 as an inmate in any correctional facility or currently under the super- 18 vision of the department of corrections and community supervision or a 19 county probation department as a result of such conviction, the petition 20 shall for each such conviction specify such felony conviction, the date 21 of such conviction or convictions, and the court in which such 22 conviction or convictions were entered. 23 § 43. Subdivision 2 of section 62 of the civil rights law, as amended 24 by section 55 of subpart B of part C of chapter 62 of the laws of 2011, 25 is amended to read as follows: 26 2. If the petition be to change the name of a person currently 27 confined as an inmate in any correctional facility or currently under 28 the supervision of the department of corrections and community super- 29 vision or a county probation department as a result of a conviction for 30 a violent felony offense as defined in section 70.02 of the penal law or 31 a felony defined in article one hundred twenty-five of such law or any 32 of the following provisions of such law sections 130.25, 130.30, 33 [130.40, 130.45,] 255.25, 255.26, 255.27, article two hundred sixty- 34 three, 135.10, 135.25, 230.05, 230.06, subdivision two of section 230.30 35 or 230.32, notice of the time and place when and where the petition will 36 be presented shall be served, in like manner as a notice of a motion 37 upon an attorney in an action, upon the district attorney of every coun- 38 ty in which such person has been convicted of such felony and upon the 39 court or courts in which the sentence for such felony was entered. 40 Unless a shorter period of time is ordered by the court, said notice 41 shall be served upon each such district attorney and court or courts not 42 less than sixty days prior to the date on which such petition is noticed 43 to be heard. 44 § 44. The closing paragraph of section 64 of the civil rights law, as 45 separately amended by chapters 258, 320 and 481 of the laws of 2006, is 46 amended to read as follows: 47 Upon compliance with the order and the filing of the affidavit of the 48 publication, as provided in this section, the clerk of the court in 49 which the order has been entered shall certify that the order has been 50 complied with; and, if the petition states that the petitioner stands 51 convicted of a violent felony offense as defined in section 70.02 of the 52 penal law or a felony defined in article one hundred twenty-five of such 53 law or any of the following provisions of such law sections 130.25, 54 130.30, [130.40, 130.45,] 255.25, 255.26, 255.27, article two hundred 55 sixty-three, 135.10, 135.25, 230.05, 230.06, subdivision two of section 56 230.30 or 230.32, such clerk (1) shall deliver, by first class mail, aA. 4249--A 22 1 copy of such certified order to the division of criminal justice 2 services at its office in the county of Albany and (2) upon the clerk of 3 the court reviewing the petitioner's application for name change and 4 subsequent in-court inquiry, may, in the clerk's discretion, deliver, by 5 first class mail, the petitioner's new name with such certified order to 6 the court of competent jurisdiction which imposed the orders of support. 7 Such certification shall appear on the original order and on any certi- 8 fied copy thereof and shall be entered in the clerk's minutes of the 9 proceeding. 10 § 45. Section 213-c of the civil practice law and rules, as added by 11 chapter 3 of the laws of 2006, is amended to read as follows: 12 § 213-c. Action by victim of conduct constituting certain sexual 13 offenses. Notwithstanding any other limitation set forth in this arti- 14 cle, a civil claim or cause of action to recover from a defendant as 15 hereinafter defined, for physical, psychological or other injury or 16 condition suffered by a person as a result of acts by such defendant of 17 rape in the first degree as defined in section 130.35 of the penal law, 18 [or criminal sexual act in the first degree as defined in section 130.5019of the penal law,] or aggravated sexual abuse in the first degree as 20 defined in section 130.70 of the penal law, or course of sexual conduct 21 against a child in the first degree as defined in section 130.75 of the 22 penal law may be brought within five years. As used in this section, the 23 term "defendant" shall mean only a person who commits the acts described 24 in this section or who, in a criminal proceeding, could be charged with 25 criminal liability for the commission of such acts pursuant to section 26 20.00 of the penal law and shall not apply to any related civil claim or 27 cause of action arising from such acts. Nothing in this section shall be 28 construed to require that a criminal charge be brought or a criminal 29 conviction be obtained as a condition of bringing a civil cause of 30 action or receiving a civil judgment pursuant to this section or be 31 construed to require that any of the rules governing a criminal proceed- 32 ing be applicable to any such civil action. 33 § 46. Paragraph (b) of subdivision 8 of section 215 of the civil prac- 34 tice law and rules, as added by chapter 3 of the laws of 2006, is 35 amended to read as follows: 36 (b) Whenever it is shown that a criminal action against the same 37 defendant has been commenced with respect to the event or occurrence 38 from which a claim governed by this section arises, and such criminal 39 action is for rape in the first degree as defined in section 130.35 of 40 the penal law, [or criminal sexual act in the first degree as defined in41section 130.50 of the penal law,] or aggravated sexual abuse in the 42 first degree as defined in section 130.70 of the penal law, or course of 43 sexual conduct against a child in the first degree as defined in section 44 130.75 of the penal law, the plaintiff shall have at least five years 45 from the termination of the criminal action as defined in section 1.20 46 of the criminal procedure law in which to commence the civil action, 47 notwithstanding that the time in which to commence such action has 48 already expired or has less than a year remaining. 49 § 47. Subdivision 11 of section 123 of the agriculture and markets 50 law, as amended by chapter 392 of the laws of 2004, and such section as 51 renumbered by section 18 of part T of chapter 59 of the laws of 2010, is 52 amended to read as follows: 53 11. The owner shall not be liable pursuant to subdivision six, seven, 54 eight, nine or ten of this section if the dog was coming to the aid or 55 defense of a person during the commission or attempted commission of a 56 murder, robbery, burglary, arson, rape in the first degree as defined inA. 4249--A 23 1 paragraph (a) or (b) of subdivision one [or], paragraph (a) or (b) of 2 subdivision two or paragraph (a) or (b) of subdivision three of section 3 130.35 of the penal law[, criminal sexual act in the first degree as4defined in subdivision one or two of section 130.50 of the penal law] or 5 kidnapping within the dwelling or upon the real property of the owner of 6 the dog and the dog injured or killed the person committing such crimi- 7 nal activity. 8 § 48. Section 4 of the judiciary law, as amended by chapter 264 of the 9 laws of 2003, is amended to read as follows: 10 § 4. Sittings of courts to be public. The sittings of every court 11 within this state shall be public, and every citizen may freely attend 12 the same, except that in all proceedings and trials in cases for 13 divorce, seduction, abortion, rape, assault with intent to commit rape, 14 [criminal sexual act,] bastardy or filiation, the court may, in its 15 discretion, exclude therefrom all persons who are not directly inter- 16 ested therein, excepting jurors, witnesses, and officers of the court. 17 § 49. Subdivision 2 of section 120.60 of the penal law, as amended by 18 chapter 434 of the laws of 2000, is amended to read as follows: 19 2. commits a class A misdemeanor defined in article one hundred thirty 20 of this chapter, or a class E felony defined in section 130.25, [130.40] 21 or 130.85 of this chapter, or a class D felony defined in section 130.30 22 [or 130.45] of this chapter. 23 § 50. Subdivision 1 of section 210.16 of the criminal procedure law, 24 as added by chapter 571 of the laws of 2007, is amended to read as 25 follows: 26 1. (a) In a case where an indictment or a superior court information 27 has been filed with a superior court which charges the defendant with a 28 felony offense enumerated in any section of article one hundred thirty 29 of the penal law where an act of "[sexual intercourse] vaginal sexual 30 contact", "oral sexual [conduct] contact" or "anal sexual [conduct] 31 contact," as those terms are defined in section 130.00 of the penal law, 32 is required as an essential element for the commission thereof, the 33 court shall, upon a request of the victim within six months of the date 34 of the crimes charged, order that the defendant submit to human immuno- 35 deficiency virus (HIV) related testing. Testing of a defendant shall be 36 ordered when the result would provide medical benefit to the victim or a 37 psychological benefit to the victim. Medical benefit shall be found when 38 the following elements are satisfied: (i) a decision is pending about 39 beginning, continuing, or discontinuing a medical intervention for the 40 victim; and (ii) the result of an HIV test of the accused could affect 41 that decision, and could provide relevant information beyond that which 42 would be provided by an HIV test of the victim. If testing the defendant 43 would provide medical benefit to the victim or a psychological benefit 44 to the victim, then the testing is to be conducted by a state, county, 45 or local public health officer designated by the order. Test results, 46 which shall not be disclosed to the court, shall be communicated to the 47 defendant and the victim named in the order in accordance with the 48 provisions of section twenty-seven hundred eighty-five-a of the public 49 health law. 50 (b) For the purposes of this section, the terms "victim" and "appli- 51 cant" mean the person with whom the defendant is charged to have engaged 52 in an act of "[sexual intercourse] vaginal sexual contact", "oral sexual 53 [conduct] contact" or "anal sexual [conduct] contact", as those terms 54 are defined in section 130.00 of the penal law, where such conduct with 55 such victim was the basis for charging the defendant with an offense 56 specified in paragraph (a) of this subdivision.A. 4249--A 24 1 § 51. Subdivision 1 of section 390.15 of the criminal procedure law, 2 as amended by chapter 264 of the laws of 2003, is amended to read as 3 follows: 4 1. (a) In any case where the defendant is convicted of a felony 5 offense enumerated in any section of article one hundred thirty of the 6 penal law, or any subdivision of section 130.20 of such law, where an 7 act of "[sexual intercourse] vaginal sexual contact", "oral sexual 8 [conduct] contact" or "anal sexual [conduct] contact," as those terms 9 are defined in section 130.00 of the penal law, is required as an essen- 10 tial element for the commission thereof, the court must, upon a request 11 of the victim, order that the defendant submit to human immunodeficiency 12 (HIV) related testing. The testing is to be conducted by a state, coun- 13 ty, or local public health officer designated by the order. Test 14 results, which shall not be disclosed to the court, shall be communi- 15 cated to the defendant and the victim named in the order in accordance 16 with the provisions of section twenty-seven hundred eighty-five-a of the 17 public health law, but such results and disclosure need not be completed 18 prior to the imposition of sentence. 19 (b) For the purposes of this section, the terms "defendant", 20 "conviction" and "sentence" mean and include, respectively, an "eligible 21 youth," a "youthful offender finding" and a "youthful offender sentence" 22 as those terms are defined in section 720.10 of this chapter. The term 23 "victim" means the person with whom the defendant engaged in an act of 24 "[sexual intercourse] vaginal sexual contact", "oral sexual [conduct] 25 contact" or "anal sexual [conduct] contact", as those terms are defined 26 in section 130.00 of the penal law, where such conduct with such victim 27 was the basis for the defendant's conviction of an offense specified in 28 paragraph (a) of this subdivision. 29 § 52. Subdivision 1 of section 347.1 of the family court act, as 30 amended by chapter 264 of the laws of 2003, is amended to read as 31 follows: 32 1. (a) In any proceeding where the respondent is found pursuant to 33 section 345.1 or 346.1 of this article, to have committed a felony 34 offense enumerated in any section of article one hundred thirty of the 35 penal law, or any subdivision of section 130.20 of such law, for which 36 an act of "[sexual intercourse] vaginal sexual contact", "oral sexual 37 [conduct] contact" or "anal sexual [conduct] contact", as those terms 38 are defined in section 130.00 of the penal law, is required as an essen- 39 tial element for the commission thereof, the court must, upon a request 40 of the victim, order that the respondent submit to human immunodeficien- 41 cy (HIV) related testing. The testing is to be conducted by a state, 42 county, or local public health officer designated by the order. Test 43 results, which shall not be disclosed to the court, shall be communi- 44 cated to the respondent and the victim named in the order in accordance 45 with the provisions of section twenty-seven hundred eighty-five-a of the 46 public health law. 47 (b) For the purposes of this section, the term "victim" means the 48 person with whom the respondent engaged in an act of "[sexual inter-49course] vaginal sexual contact", "oral sexual [conduct] contact" or 50 "anal sexual [conduct] contact", as those terms are defined in section 51 130.00 of the penal law, where such conduct with such victim was the 52 basis for the court's finding that the respondent committed acts consti- 53 tuting one or more of the offenses specified in paragraph (a) of this 54 subdivision. 55 § 53. Subdivision (a) of section 130.16 of the penal law, as amended 56 by chapter 264 of the laws of 2003, is amended to read as follows:A. 4249--A 25 1 (a) Establish that an attempt was made to engage the victim in [sexual2intercourse] vaginal sexual contact, oral sexual [conduct] contact, anal 3 sexual [conduct] contact, or sexual contact, as the case may be, at the 4 time of the occurrence; and 5 § 54. Subdivisions 1 and 2 of section 130.20 of the penal law, subdi- 6 vision 1 as amended by chapter 1 of the laws of 2000, subdivision 2 as 7 amended by chapter 264 of the laws of 2003, are amended to read as 8 follows: 9 1. He or she engages in [sexual intercourse] vaginal sexual contact 10 with another person without such person's consent; or 11 2. He or she engages in oral sexual [conduct] contact or anal sexual 12 [conduct] contact with another person without such person's consent; or 13 § 55. Paragraphs (a) and (b) of subdivision 1 of section 130.75 of the 14 penal law, as amended by chapter 264 of the laws of 2003, are amended to 15 read as follows: 16 (a) he or she engages in two or more acts of sexual conduct, which 17 includes at least one act of [sexual intercourse] vaginal sexual 18 contact, oral sexual [conduct] contact, anal sexual [conduct] contact or 19 aggravated sexual contact, with a child less than eleven years old; or 20 (b) he or she, being eighteen years old or more, engages in two or 21 more acts of sexual conduct, which include at least one act of [sexual22intercourse] vaginal sexual contact, oral sexual [conduct] contact, anal 23 sexual [conduct] contact or aggravated sexual contact, with a child less 24 than thirteen years old. 25 § 56. Subdivision 1 of section 235.00 of the penal law, as amended by 26 chapter 264 of the laws of 2003, is amended to read as follows: 27 1. "Obscene." Any material or performance is "obscene" if (a) the 28 average person, applying contemporary community standards, would find 29 that considered as a whole, its predominant appeal is to the prurient 30 interest in sex, and (b) it depicts or describes in a patently offensive 31 manner, actual or simulated: [sexual intercourse] vaginal sexual 32 contact, [criminal sexual act] oral sexual contact, anal sexual contact, 33 sexual bestiality, masturbation, sadism, masochism, excretion or lewd 34 exhibition of the genitals, and (c) considered as a whole, it lacks 35 serious literary, artistic, political, and scientific value. Predominant 36 appeal shall be judged with reference to ordinary adults unless it 37 appears from the character of the material or the circumstances of its 38 dissemination to be designed for children or other [specially] especial- 39 ly susceptible audience. 40 § 57. Subdivision 2 of section 235.22 of the penal law, as amended by 41 chapter 264 of the laws of 2003, is amended to read as follows: 42 2. by means of such communication he importunes, invites or induces a 43 minor to engage in [sexual intercourse] vaginal sexual contact, oral 44 sexual [conduct] contact or anal sexual [conduct] contact, or sexual 45 contact with him, or to engage in a sexual performance, obscene sexual 46 performance, or sexual conduct for his benefit. 47 § 58. Section 255.25 of the penal law, as amended by chapter 320 of 48 the laws of 2006, is amended to read as follows: 49 § 255.25 Incest in the third degree. 50 A person is guilty of incest in the third degree when he or she 51 marries or engages in [sexual intercourse] vaginal sexual contact, oral 52 sexual [conduct] contact or anal sexual [conduct] contact with a person 53 whom he or she knows to be related to him or her, whether through 54 marriage or not, as an ancestor, descendant, brother or sister of either 55 the whole or the half blood, uncle, aunt, nephew or niece. 56 Incest in the third degree is a class E felony.A. 4249--A 26 1 § 59. Subdivision 3 of section 263.00 of the penal law, as amended by 2 chapter 264 of the laws of 2003, is amended to read as follows: 3 3. "Sexual conduct" means actual or simulated [sexual intercourse] 4 vaginal sexual contact, oral sexual [conduct] contact, anal sexual 5 [conduct]contact, sexual bestiality, masturbation, sado-masochistic 6 abuse, or lewd exhibition of the genitals. 7 § 60. Subdivision 3 of section 60.42 of the criminal procedure law, as 8 amended by chapter 264 of the laws of 2003, is amended to read as 9 follows: 10 3. rebuts evidence introduced by the people of the victim's failure to 11 engage in [sexual intercourse] vaginal sexual contact, oral sexual 12 [conduct] contact, anal sexual [conduct] contact or sexual contact 13 during a given period of time; or 14 § 61. Subdivision 3 of section 344.4 of the family court act, as 15 amended by chapter 264 of the laws of 2003, is amended to read as 16 follows: 17 3. rebuts evidence introduced by the presentment agency of the 18 victim's failure to engage in [sexual intercourse] vaginal sexual 19 contact, oral sexual [conduct] contact, anal sexual [conduct] contact or 20 sexual contact during a given period of time; or 21 § 62. Subdivision 4 of section 170 of the domestic relations law, as 22 amended by chapter 264 of the laws of 2003, is amended to read as 23 follows: 24 (4) The commission of an act of adultery, provided that adultery for 25 the purposes of articles ten, eleven, and eleven-A of this chapter, is 26 hereby defined as the commission of an act of [sexual intercourse] vagi- 27 nal sexual contact, oral sexual [conduct] contact or anal sexual 28 [conduct] contact, voluntarily performed by the defendant, with a person 29 other than the plaintiff after the marriage of plaintiff and defendant. 30 Oral sexual [conduct] contact and anal sexual [conduct] contact include, 31 but are not limited to, sexual conduct as defined in subdivision two of 32 section 130.00 and subdivision three of section 130.20 of the penal law. 33 § 63. Subdivision 4 of section 200 of the domestic relations law, as 34 amended by chapter 264 of the laws of 2003, is amended to read as 35 follows: 36 4. The commission of an act of adultery by the defendant; except where 37 such offense is committed by the procurement or with the connivance of 38 the plaintiff or where there is voluntary cohabitation of the parties 39 with the knowledge of the offense or where action was not commenced 40 within five years after the discovery by the plaintiff of the offense 41 charged or where the plaintiff has also been guilty of adultery under 42 such circumstances that the defendant would have been entitled, if inno- 43 cent, to a divorce, provided that adultery for the purposes of this 44 subdivision is hereby defined as the commission of an act of [sexual45intercourse] vaginal sexual contact, oral sexual [conduct] contact or 46 anal sexual [conduct] contact, voluntarily performed by the defendant, 47 with a person other than the plaintiff after the marriage of plaintiff 48 and defendant. Oral sexual [conduct] contact and anal sexual [conduct] 49 contact include, but are not limited to, sexual conduct as defined in 50 subdivision two of section 130.00 and subdivision three of section 51 130.20 of the penal law. 52 § 64. This act shall take effect January 1, 2019 and shall apply to 53 any offense on or after such effective date; provided, however, that if 54 part WWW of chapter 59 of the laws of 2017 shall not have taken effect 55 on or before such date then sections seven, twenty-eight, twenty-nine, 56 thirty and thirty-nine of this act shall take effect on the same dateA. 4249--A 27 1 and in the same manner as such part of such chapter of the laws of 2017, 2 takes effect; provided, further, that if part NN of chapter 55 of the 3 laws of 2018 shall not have taken effect on or before such date then 4 sections eighteen and twenty-one of this act shall take effect on the 5 same date and in the same manner as such part of such chapter of the 6 laws of 2018, takes effect. As it pertains to the repealed sections of 7 law, nothing in this act shall affect a requirement to register pursuant 8 to article 6-C of the correction law; a lawfully required disclosure of 9 a conviction; any restriction or prohibition for certain types of 10 employment, housing, or government benefit; or any other ongoing matter 11 related to a conviction of the sections repealed in this act.
