Bill Text: NY A04249 | 2017-2018 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relates to the offenses of rape in the first, second and third degrees.
Spectrum: Moderate Partisan Bill (Democrat 32-7)
Status: (Engrossed - Dead) 2018-04-23 - REFERRED TO CODES [A04249 Detail]
Download: New_York-2017-A04249-Introduced.html
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-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4249 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, GJONAJ, OTIS, SEPULVEDA, MOSLEY, HAWLEY -- 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 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 Sections 130.40, 130.45 and 130.50 of the penal law are 2 REPEALED. 3 § 2.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. 15 § 3. Section 130.25 of the penal law, as amended by chapter 1 of the 16 laws of 2000, is amended to read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04197-01-7A. 4249 2 1 § 130.25 Rape in the third degree. 2 A person is guilty of rape in the third degree when: 3 1. He or she engages in [sexual intercourse] vaginal sexual contact 4 with another person who is incapable of consent by reason of some factor 5 other than being less than seventeen years old; 6 2. He or she engages in oral sexual contact with another person who is 7 incapable of consent by reason of some factor other than being less than 8 seventeen years old; 9 3. He or she engages in anal sexual contact with another person who is 10 incapable of consent by reason of some other factor other than being 11 less than seventeen years old; 12 4. Being twenty-one years old or more, he or she engages in [sexual13intercourse] vaginal sexual contact with another person less than seven- 14 teen years old; [or153.] 5. Being twenty-one years old or more, he or she engages in oral 16 sexual contact with another person less than seventeen years old; 17 6. Being twenty-one years old or more, he or she engages in anal sexu- 18 al contact with another person less than seventeen years old; 19 7. He or she engages in [sexual intercourse] vaginal sexual contact 20 with another person without such person's consent where such lack of 21 consent is by reason of some factor other than incapacity to consent[.]; 22 8. He or she engages in oral sexual contact with another person with- 23 out such person's consent where such lack of consent is by reason of 24 some factor other than incapacity to consent; or 25 9. He or she engages in anal sexual contact with another person with- 26 out such person's consent where such lack of consent is by reason of 27 some factor other than the incapacity to consent. 28 Rape in the third degree is a class E felony. 29 § 4. Section 130.30 of the penal law, as amended by chapter 1 of the 30 laws of 2000, is amended to read as follows: 31 § 130.30 Rape in the second degree. 32 A person is guilty of rape in the second degree when: 33 1. being eighteen years old or more, he or she engages in [sexual34intercourse] vaginal sexual contact with another person less than 35 fifteen years old; [or] 36 2. being eighteen years old or more, he or she engages in oral sexual 37 contact with another person less than fifteen years old; 38 3. being eighteen years old or more, he or she engages in anal sexual 39 contact with another person less than fifteen years old; 40 4. he or she engages in [sexual intercourse] vaginal sexual contact 41 with another person who is incapable of consent by reason of being 42 mentally disabled or mentally incapacitated[.]; 43 5. he or she engages in oral sexual contact with another person who is 44 incapable of consent by reason of being mentally disabled or mentally 45 incapacitated; or 46 6. he or she engages in anal sexual contact with another person who is 47 incapable of consent by reason of being mentally disabled or mentally 48 incapacitated. 49 It shall be an affirmative defense to the crime of rape in the second 50 degree as defined in [subdivision] subdivisions one, two and three of 51 this section that the defendant was less than four years older than the 52 victim at the time of the act. 53 Rape in the second degree is a class D felony. 54 § 5. Section 130.35 of the penal law, as amended by chapter 1 of the 55 laws of 2000, is amended to read as follows: 56 § 130.35 Rape in the first degree.A. 4249 3 1 A person is guilty of rape in the first degree when: 2 1. he or she engages in [sexual intercourse] vaginal sexual contact 3 with another person: 4 [1.] (a) By forcible compulsion; or 5 [2.] (b) Who is incapable of consent by reason of being physically 6 helpless; or 7 [3.] (c) Who is less than eleven years old; or 8 [4.] (d) Who is less than thirteen years old and the actor is eighteen 9 years old or more[.]; 10 2. he or she engages in oral sexual contact with another person: 11 (a) By forcible compulsion; or 12 (b) Who is incapable of consent by reason of being physically help- 13 less; or 14 (c) Who is less than eleven years old; or 15 (d) Who is less than thirteen years old and the actor is eighteen 16 years old or more; or 17 3. he or she engages in anal sexual contact with another person: 18 (a) by forcible compulsion; or 19 (b) who is incapable of consent by reason of being physically help- 20 less; or 21 (c) who is less than eleven years old; or 22 (d) who is less than thirteen years old and the actor is eighteen 23 years old or more. 24 Rape in the first degree is a class B felony. 25 § 6. Paragraph 2 of subdivision 18 of section 10.00 of the penal law, 26 as amended by chapter 7 of the laws of 2007, is amended to read as 27 follows: 28 (2) a person fourteen or fifteen years old who is criminally responsi- 29 ble for acts constituting the crimes defined in subdivisions one and two 30 of section 125.25 (murder in the second degree) and in subdivision three 31 of such section provided that the underlying crime for the murder charge 32 is one for which such person is criminally responsible; section 135.25 33 (kidnapping in the first degree); 150.20 (arson in the first degree); 34 subdivisions one and two of section 120.10 (assault in the first 35 degree); 125.20 (manslaughter in the first degree); [subdivisions one36and] paragraphs (a) and (b) of subdivision one, paragraphs (a) and (b) 37 of subdivision two, and paragraphs (a) and (b) of subdivision three of 38 section 130.35 (rape in the first degree); [subdivisions one and two of39section 130.50 (criminal sexual act in the first degree);] 130.70 40 (aggravated sexual abuse in the first degree); 140.30 (burglary in the 41 first degree); subdivision one of section 140.25 (burglary in the second 42 degree); 150.15 (arson in the second degree); 160.15 (robbery in the 43 first degree); subdivision two of section 160.10 (robbery in the second 44 degree) of this chapter; or section 265.03 of this chapter, where such 45 machine gun or such firearm is possessed on school grounds, as that 46 phrase is defined in subdivision fourteen of section 220.00 of this 47 chapter; or defined in this chapter as an attempt to commit murder in 48 the second degree or kidnapping in the first degree, or such conduct as 49 a sexually motivated felony, where authorized pursuant to section 130.91 50 of [the penal law] this chapter. 51 § 7. Subdivision 2 of section 30.00 of the penal law, as amended by 52 chapter 7 of the laws of 2007, is amended to read as follows: 53 2. A person thirteen, fourteen or fifteen years of age is criminally 54 responsible for acts constituting murder in the second degree as defined 55 in subdivisions one and two of section 125.25 and in subdivision three 56 of such section provided that the underlying crime for the murder chargeA. 4249 4 1 is one for which such person is criminally responsible or for such 2 conduct as a sexually motivated felony, where authorized pursuant to 3 section 130.91 [of the penal law]; and a person fourteen or fifteen 4 years of age is criminally responsible for acts constituting the crimes 5 defined in section 135.25 (kidnapping in the first degree); 150.20 6 (arson in the first degree); subdivisions one and two of section 120.10 7 (assault in the first degree); 125.20 (manslaughter in the first 8 degree); [subdivisions one and] paragraphs (a) and (b) of subdivision 9 one, paragraphs (a) and (b) of subdivision two, and paragraphs (a) and 10 (b) of subdivision three of section 130.35 (rape in the first degree); 11 [subdivisions one and two of section 130.50 (criminal sexual act in the12first degree); 130.70 (aggravated sexual abuse in the first degree);] 13 140.30 (burglary in the first degree); subdivision one of section 140.25 14 (burglary in the second degree); 150.15 (arson in the second degree); 15 160.15 (robbery in the first degree); subdivision two of section 160.10 16 (robbery in the second degree) of this chapter; or section 265.03 of 17 this chapter, where such machine gun or such firearm is possessed on 18 school grounds, as that phrase is defined in subdivision fourteen of 19 section 220.00 of this chapter; or defined in this chapter as an attempt 20 to commit murder in the second degree or kidnapping in the first degree, 21 or for such conduct as a sexually motivated felony, where authorized 22 pursuant to section 130.91 of [the penal law] this chapter. 23 § 8. Paragraph (b) of subdivision 2 of section 35.15 of the penal law, 24 as amended by chapter 511 of the laws of 2004, is amended to read as 25 follows: 26 (b) He or she reasonably believes that such other person is committing 27 or attempting to commit a kidnapping, forcible rape, [forcible criminal28sexual act] forcible aggravated sexual abuse, or robbery; or 29 § 9. Paragraphs (a) and (c) of subdivision 1 of section 70.02 of the 30 penal law, as amended by chapter 368 of the laws of 2015, are amended to 31 read as follows: 32 (a) Class B violent felony offenses: an attempt to commit the class 33 A-I felonies of murder in the second degree as defined in section 34 125.25, kidnapping in the first degree as defined in section 135.25, and 35 arson in the first degree as defined in section 150.20; manslaughter in 36 the first degree as defined in section 125.20, aggravated manslaughter 37 in the first degree as defined in section 125.22, rape in the first 38 degree as defined in section 130.35, [criminal sexual act in the first39degree as defined in section 130.50,] aggravated sexual abuse in the 40 first degree as defined in section 130.70, course of sexual conduct 41 against a child in the first degree as defined in section 130.75; 42 assault in the first degree as defined in section 120.10, kidnapping in 43 the second degree as defined in section 135.20, burglary in the first 44 degree as defined in section 140.30, arson in the second degree as 45 defined in section 150.15, robbery in the first degree as defined in 46 section 160.15, sex trafficking as defined in paragraphs (a) and (b) of 47 subdivision five of section 230.34, incest in the first degree as 48 defined in section 255.27, criminal possession of a weapon in the first 49 degree as defined in section 265.04, criminal use of a firearm in the 50 first degree as defined in section 265.09, criminal sale of a firearm in 51 the first degree as defined in section 265.13, aggravated assault upon a 52 police officer or a peace officer as defined in section 120.11, gang 53 assault in the first degree as defined in section 120.07, intimidating a 54 victim or witness in the first degree as defined in section 215.17, 55 hindering prosecution of terrorism in the first degree as defined in 56 section 490.35, criminal possession of a chemical weapon or biologicalA. 4249 5 1 weapon in the second degree as defined in section 490.40, and criminal 2 use of a chemical weapon or biological weapon in the third degree as 3 defined in section 490.47. 4 (c) Class D violent felony offenses: an attempt to commit any of the 5 class C felonies set forth in paragraph (b); reckless assault of a child 6 as defined in section 120.02, assault in the second degree as defined in 7 section 120.05, menacing a police officer or peace officer as defined in 8 section 120.18, stalking in the first degree, as defined in subdivision 9 one of section 120.60, strangulation in the second degree as defined in 10 section 121.12, rape in the second degree as defined in section 130.30, 11 [criminal sexual act in the second degree as defined in section 130.45,] 12 sexual abuse in the first degree as defined in section 130.65, course of 13 sexual conduct against a child in the second degree as defined in 14 section 130.80, aggravated sexual abuse in the third degree as defined 15 in section 130.66, facilitating a sex offense with a controlled 16 substance as defined in section 130.90, labor trafficking as defined in 17 paragraphs (a) and (b) of subdivision three of section 135.35, criminal 18 possession of a weapon in the third degree as defined in subdivision 19 five, six, seven, eight, nine or ten of section 265.02, criminal sale of 20 a firearm in the third degree as defined in section 265.11, intimidating 21 a victim or witness in the second degree as defined in section 215.16, 22 soliciting or providing support for an act of terrorism in the second 23 degree as defined in section 490.10, and making a terroristic threat as 24 defined in section 490.20, falsely reporting an incident in the first 25 degree as defined in section 240.60, placing a false bomb or hazardous 26 substance in the first degree as defined in section 240.62, placing a 27 false bomb or hazardous substance in a sports stadium or arena, mass 28 transportation facility or enclosed shopping mall as defined in section 29 240.63, and aggravated unpermitted use of indoor pyrotechnics in the 30 first degree as defined in section 405.18. 31 § 10. Paragraph b of subdivision 5 of section 120.40 of the penal law, 32 as amended by chapter 320 of the laws of 2006, is amended to read as 33 follows: 34 b. a crime defined in section 130.20, 130.25, 130.30, [130.40,35130.45,] 130.55, 130.60, 130.70, 255.25, 255.26 or 255.27; 36 § 11. Paragraph (d) of subdivision 2 and paragraph (h) of subdivision 37 3 of section 130.05 of the penal law, paragraph (d) of subdivision 2 as 38 amended by chapter 40 of the laws of 2004 and paragraph (h) of subdivi- 39 sion 3 as amended by section 2 of part G of chapter 501 of the laws of 40 2012, are amended to read as follows: 41 (d) Where the offense charged is rape in the third degree as defined 42 in [subdivision three] subdivisions seven, eight and nine of section 43 130.25, [or criminal sexual act in the third degree as defined in subdi-44vision three of section 130.40,] in addition to forcible compulsion, 45 circumstances under which, at the time of the act of intercourse, oral 46 sexual conduct or anal sexual conduct, the victim clearly expressed that 47 he or she did not consent to engage in such act, and a reasonable person 48 in the actor's situation would have understood such person's words and 49 acts as an expression of lack of consent to such act under all the 50 circumstances. 51 (h) a client or patient and the actor is a health care provider or 52 mental health care provider charged with rape in the third degree as 53 defined in section 130.25, [criminal sexual act in the third degree as54defined in section 130.40,] aggravated sexual abuse in the fourth degree 55 as defined in section 130.65-a, or sexual abuse in the third degree asA. 4249 6 1 defined in section 130.55, and the act of sexual conduct occurs during a 2 treatment session, consultation, interview, or examination; or 3 § 12. The opening paragraph of subdivision 3 of section 125.25 of the 4 penal law, as amended by chapter 264 of the laws of 2003, is amended to 5 read as follows: 6 Acting either alone or with one or more other persons, he commits or 7 attempts to commit robbery, burglary, kidnapping, arson, rape in the 8 first degree, [criminal sexual act in the first degree,] sexual abuse in 9 the first degree, aggravated sexual abuse, escape in the first degree, 10 or escape in the second degree, and, in the course of and in furtherance 11 of such crime or of immediate flight therefrom, he, or another partic- 12 ipant, if there be any, causes the death of a person other than one of 13 the participants; except that in any prosecution under this subdivision, 14 in which the defendant was not the only participant in the underlying 15 crime, it is an affirmative defense that the defendant: 16 § 13. Subdivision 5 of section 125.25 of the penal law, as amended by 17 chapter 320 of the laws of 2006, is amended to read as follows: 18 5. Being eighteen years old or more, while in the course of committing 19 rape in the first, second or third degree, [criminal sexual act in the20first, second or third degree,] sexual abuse in the first degree, aggra- 21 vated sexual abuse in the first, second, third or fourth degree, or 22 incest in the first, second or third degree, against a person less than 23 fourteen years old, he or she intentionally causes the death of such 24 person. 25 § 14. Subparagraph (vii) of paragraph (a) of subdivision 1 of section 26 125.27 of the penal law, as amended by chapter 264 of the laws of 2003, 27 is amended to read as follows: 28 (vii) the victim was killed while the defendant was in the course of 29 committing or attempting to commit and in furtherance of robbery, 30 burglary in the first degree or second degree, kidnapping in the first 31 degree, arson in the first degree or second degree, rape in the first 32 degree, [criminal sexual act in the first degree,] sexual abuse in the 33 first degree, aggravated sexual abuse in the first degree or escape in 34 the first degree, or in the course of and furtherance of immediate 35 flight after committing or attempting to commit any such crime or in the 36 course of and furtherance of immediate flight after attempting to commit 37 the crime of murder in the second degree; provided however, the victim 38 is not a participant in one of the aforementioned crimes and, provided 39 further that, unless the defendant's criminal liability under this 40 subparagraph is based upon the defendant having commanded another person 41 to cause the death of the victim or intended victim pursuant to section 42 20.00 of this chapter, this subparagraph shall not apply where the 43 defendant's criminal liability is based upon the conduct of another 44 pursuant to section 20.00 of this chapter; or 45 § 15. Subdivision 3 of section 130.10 of the penal law, as amended by 46 chapter 264 of the laws of 2003, is amended to read as follows: 47 3. In any prosecution for the crime of rape in the third degree as 48 defined in section 130.25, [criminal sexual act in the third degree as49defined in section 130.40,] aggravated sexual abuse in the fourth degree 50 as defined in section 130.65-a, or sexual abuse in the third degree as 51 defined in section 130.55 in which incapacity to consent is based on the 52 circumstances set forth in paragraph (h) of subdivision three of section 53 130.05 of this article it shall be an affirmative defense that the 54 client or patient consented to such conduct charged after having been 55 expressly advised by the health care or mental health care provider that 56 such conduct was not performed for a valid medical purpose.A. 4249 7 1 § 16. The opening paragraph and subdivision 2 of section 130.95 of the 2 penal law, as added by chapter 107 of the laws of 2006, are amended to 3 read as follows: 4 A person is guilty of predatory sexual assault when he or she commits 5 the crime of rape in the first degree, [criminal sexual act in the first6degree,] aggravated sexual abuse in the first degree, or course of sexu- 7 al conduct against a child in the first degree, as defined in this arti- 8 cle, and when: 9 2. He or she has engaged in conduct constituting the crime of rape in 10 the first degree, [criminal sexual act in the first degree,] aggravated 11 sexual abuse in the first degree, or course of sexual conduct against a 12 child in the first degree, as defined in this article, against one or 13 more additional persons; or 14 § 17. The opening paragraph of section 130.96 of the penal law, as 15 added by chapter 107 of the laws of 2006, is amended to read as follows: 16 A person is guilty of predatory sexual assault against a child when, 17 being eighteen years old or more, he or she commits the crime of rape in 18 the first degree, [criminal sexual act in the first degree,] aggravated 19 sexual abuse in the first degree, or course of sexual conduct against a 20 child in the first degree, as defined in this article, and the victim is 21 less than thirteen years old. 22 § 18. Subdivision 2 of section 240.75 of the penal law, as added by 23 section 2 of part D of chapter 491 of the laws of 2012, is amended to 24 read as follows: 25 2. A "specified offense" is an offense defined in section 120.00 26 (assault in the third degree); section 120.05 (assault in the second 27 degree); section 120.10 (assault in the first degree); section 120.13 28 (menacing in the first degree); section 120.14 (menacing in the second 29 degree); section 120.15 (menacing in the third degree); section 120.20 30 (reckless endangerment in the second degree); section 120.25 (reckless 31 endangerment in the first degree); section 120.45 (stalking in the 32 fourth degree); section 120.50 (stalking in the third degree); section 33 120.55 (stalking in the second degree); section 120.60 (stalking in the 34 first degree); section 121.11 (criminal obstruction of breathing or 35 blood circulation); section 121.12 (strangulation in the second degree); 36 section 121.13 (strangulation in the first degree); subdivision one of 37 section 125.15 (manslaughter in the second degree); subdivision one, two 38 or four of section 125.20 (manslaughter in the first degree); section 39 125.25 (murder in the second degree); section 130.20 (sexual miscon- 40 duct); section 130.25 (rape in the third degree); section 130.30 (rape 41 in the second degree); section 130.35 (rape in the first degree); 42 [section 130.40 (criminal sexual act in the third degree); section43130.45 (criminal sexual act in the second degree); section 130.50 (crim-44inal sexual act in the first degree);] section 130.52 (forcible touch- 45 ing); section 130.53 (persistent sexual abuse); section 130.55 (sexual 46 abuse in the third degree); section 130.60 (sexual abuse in the second 47 degree); section 130.65 (sexual abuse in the first degree); section 48 130.66 (aggravated sexual abuse in the third degree); section 130.67 49 (aggravated sexual abuse in the second degree); section 130.70 (aggra- 50 vated sexual abuse in the first degree); section 130.91 (sexually moti- 51 vated felony); section 130.95 (predatory sexual assault); section 130.96 52 (predatory sexual assault against a child); section 135.05 (unlawful 53 imprisonment in the second degree); section 135.10 (unlawful imprison- 54 ment in the first degree); section 135.60 (coercion in the second 55 degree); section 135.65 (coercion in the first degree); section 140.20 56 (burglary in the third degree); section 140.25 (burglary in the secondA. 4249 8 1 degree); section 140.30 (burglary in the first degree); section 145.00 2 (criminal mischief in the fourth degree); section 145.05 (criminal 3 mischief in the third degree); section 145.10 (criminal mischief in the 4 second degree); section 145.12 (criminal mischief in the first degree); 5 section 145.14 (criminal tampering in the third degree); section 215.50 6 (criminal contempt in the second degree); section 215.51 (criminal 7 contempt in the first degree); section 215.52 (aggravated criminal 8 contempt); section 240.25 (harassment in the first degree); subdivision 9 one, two or four of section 240.30 (aggravated harassment in the second 10 degree); aggravated family offense as defined in this section or any 11 attempt or conspiracy to commit any of the foregoing offenses where the 12 defendant and the person against whom the offense was committed were 13 members of the same family or household as defined in subdivision one of 14 section 530.11 of the criminal procedure law. 15 § 19. Section 255.26 of the penal law, as added by chapter 320 of the 16 laws of 2006, is amended to read as follows: 17 § 255.26 Incest in the second degree. 18 A person is guilty of incest in the second degree when he or she 19 commits the crime of rape in the second degree, as defined in section 20 130.30 of this part, [or criminal sexual act in the second degree, as21defined in section 130.45 of this part,] against a person whom he or she 22 knows to be related to him or her, whether through marriage or not, as 23 an ancestor, descendant, brother or sister of either the whole or the 24 half blood, uncle, aunt, nephew or niece. 25 Incest in the second degree is a class D felony. 26 § 20. Section 255.27 of the penal law, as added by chapter 320 of the 27 laws of 2006, is amended to read as follows: 28 § 255.27 Incest in the first degree. 29 A person is guilty of incest in the first degree when he or she 30 commits the crime of rape in the first degree, as defined in paragraph 31 (c) or (d) of subdivision [three or four] one, paragraph (c) or (d) of 32 subdivision two and paragraph (c) or (d) of subdivision three of section 33 130.35 of this part[, or criminal sexual act in the first degree, as34defined in subdivision three or four of section 130.50 of this part,] 35 against a person whom he or she knows to be related to him or her, 36 whether through marriage or not, as an ancestor, descendant, brother or 37 sister of either the whole or half blood, uncle, aunt, nephew or niece. 38 Incest in the first degree is a class B felony. 39 § 21. Subdivision 3 of section 485.05 of the penal law, as amended by 40 chapter 405 of the laws of 2010, is amended to read as follows: 41 3. A "specified offense" is an offense defined by any of the following 42 provisions of this chapter: section 120.00 (assault in the third 43 degree); section 120.05 (assault in the second degree); section 120.10 44 (assault in the first degree); section 120.12 (aggravated assault upon a 45 person less than eleven years old); section 120.13 (menacing in the 46 first degree); section 120.14 (menacing in the second degree); section 47 120.15 (menacing in the third degree); section 120.20 (reckless endan- 48 germent in the second degree); section 120.25 (reckless endangerment in 49 the first degree); section 121.12 (strangulation in the second degree); 50 section 121.13 (strangulation in the first degree); subdivision one of 51 section 125.15 (manslaughter in the second degree); subdivision one, two 52 or four of section 125.20 (manslaughter in the first degree); section 53 125.25 (murder in the second degree); section 120.45 (stalking in the 54 fourth degree); section 120.50 (stalking in the third degree); section 55 120.55 (stalking in the second degree); section 120.60 (stalking in the 56 first degree); paragraph (a) of subdivision one, paragraph (a) of subdi-A. 4249 9 1 vision two and paragraph (a) of subdivision three of section 130.35 2 (rape in the first degree); [subdivision one of section 130.50 (criminal3sexual act in the first degree);] subdivision one of section 130.65 4 (sexual abuse in the first degree); paragraph (a) of subdivision one of 5 section 130.67 (aggravated sexual abuse in the second degree); paragraph 6 (a) of subdivision one of section 130.70 (aggravated sexual abuse in the 7 first degree); section 135.05 (unlawful imprisonment in the second 8 degree); section 135.10 (unlawful imprisonment in the first degree); 9 section 135.20 (kidnapping in the second degree); section 135.25 10 (kidnapping in the first degree); section 135.60 (coercion in the second 11 degree); section 135.65 (coercion in the first degree); section 140.10 12 (criminal trespass in the third degree); section 140.15 (criminal tres- 13 pass in the second degree); section 140.17 (criminal trespass in the 14 first degree); section 140.20 (burglary in the third degree); section 15 140.25 (burglary in the second degree); section 140.30 (burglary in the 16 first degree); section 145.00 (criminal mischief in the fourth degree); 17 section 145.05 (criminal mischief in the third degree); section 145.10 18 (criminal mischief in the second degree); section 145.12 (criminal 19 mischief in the first degree); section 150.05 (arson in the fourth 20 degree); section 150.10 (arson in the third degree); section 150.15 21 (arson in the second degree); section 150.20 (arson in the first 22 degree); section 155.25 (petit larceny); section 155.30 (grand larceny 23 in the fourth degree); section 155.35 (grand larceny in the third 24 degree); section 155.40 (grand larceny in the second degree); section 25 155.42 (grand larceny in the first degree); section 160.05 (robbery in 26 the third degree); section 160.10 (robbery in the second degree); 27 section 160.15 (robbery in the first degree); section 240.25 (harassment 28 in the first degree); subdivision one, two or four of section 240.30 29 (aggravated harassment in the second degree); or any attempt or conspir- 30 acy to commit any of the foregoing offenses. 31 § 22. Subdivision 42 of section 1.20 of the criminal procedure law, as 32 amended by chapter 7 of the laws of 2007, is amended to read as follows: 33 42. "Juvenile offender" means (1) a person, thirteen years old who is 34 criminally responsible for acts constituting murder in the second degree 35 as defined in subdivisions one and two of section 125.25 of the penal 36 law, or such conduct as a sexually motivated felony, where authorized 37 pursuant to section 130.91 of the penal law; and (2) a person fourteen 38 or fifteen years old who is criminally responsible for acts constituting 39 the crimes defined in subdivisions one and two of section 125.25 (murder 40 in the second degree) and in subdivision three of such section provided 41 that the underlying crime for the murder charge is one for which such 42 person is criminally responsible; section 135.25 (kidnapping in the 43 first degree); 150.20 (arson in the first degree); subdivisions one and 44 two of section 120.10 (assault in the first degree); 125.20 (manslaught- 45 er in the first degree); [subdivisions one and] paragraphs (a) and (b) 46 of subdivision one, paragraphs (a) and (b) of subdivision two and para- 47 graphs (a) and (b) of subdivision three of section 130.35 (rape in the 48 first degree); [subdivisions one and two of section 130.50 (criminal49sexual act in the first degree);] 130.70 (aggravated sexual abuse in the 50 first degree); 140.30 (burglary in the first degree); subdivision one of 51 section 140.25 (burglary in the second degree); 150.15 (arson in the 52 second degree); 160.15 (robbery in the first degree); subdivision two of 53 section 160.10 (robbery in the second degree) of the penal law; or 54 section 265.03 of the penal law, where such machine gun or such firearm 55 is possessed on school grounds, as that phrase is defined in subdivision 56 fourteen of section 220.00 of the penal law; or defined in the penal lawA. 4249 10 1 as an attempt to commit murder in the second degree or kidnapping in the 2 first degree, or such conduct as a sexually motivated felony, where 3 authorized pursuant to section 130.91 of the penal law. 4 § 23. Paragraphs (a) and (b) of subdivision 1, the opening paragraph 5 of subdivision 2 and paragraph (a) of subdivision 3 of section 140.20 of 6 the criminal procedure law, paragraphs (a) and (b) of subdivision 1 as 7 amended by chapter 324 of the laws of 1988, the opening paragraph of 8 subdivision 2 and paragraph (a) of subdivision 3 as amended by chapter 9 550 of the laws of 1987, are amended to read as follows: 10 (a) If the arrest is for an offense other than a class A, B, C or D 11 felony or a violation of section 130.25, [130.40,] 205.10, 205.17, 12 205.19 or 215.56 of the penal law committed in a town, but not in a 13 village thereof having a village court, and the town court of such town 14 is not available at the time, the arrested person may be brought before 15 the local criminal court of any village within such town or, any adjoin- 16 ing town, village embraced in whole or in part by such adjoining town, 17 or city of the same county; and 18 (b) If the arrest is for an offense other than a class A, B, C or D 19 felony or a violation of section 130.25, [130.40,] 205.10, 205.17, 20 205.19 or 215.56 of the penal law committed in a village having a 21 village court and such court is not available at the time, the arrested 22 person may be brought before the town court of the town embracing such 23 village or any other village court within such town, or, if such town or 24 village court is not available either, before the local criminal court 25 of any adjoining town, village embraced in whole or in part by such 26 adjoining town, or city of the same county; and 27 If the arrest is for an offense other than a class A, B, C or D felony 28 or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or 29 215.56 of the penal law, the arrested person need not be brought before 30 a local criminal court as provided in subdivision one, and the procedure 31 may instead be as follows: 32 (a) the arrest is for an offense other than a class A, B, C or D felo- 33 ny or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or 34 215.56 of the penal law, and 35 § 24. Paragraph (a) of subdivision 3 and the opening paragraph of 36 subdivision 4 of section 140.27 of the criminal procedure law, as 37 amended by chapter 550 of the laws of 1987, are amended to read as 38 follows: 39 (a) the arrest is for an offense other than a class A, B, C or D felo- 40 ny or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or 41 215.56 of the penal law and 42 If the arrest is for an offense other than a class A, B, C or D felony 43 or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or 44 215.56 of the penal law, the arrested person need not be brought before 45 a local criminal court as provided in subdivision two, and the procedure 46 may instead be as follows: 47 § 25. Paragraph (a) of subdivision 2 and the opening paragraph of 48 subdivision 3 of section 140.40 of the criminal procedure law, as 49 amended by chapter 550 of the laws of 1987, are amended to read as 50 follows: 51 (a) the arrest is for an offense other than a class A, B, C or D felo- 52 ny or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or 53 215.56 of the penal law and 54 If the arrest is for an offense other than a class A, B, C or D felony 55 or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or 56 215.56 of the penal law, the arrested person need not be brought beforeA. 4249 11 1 a local criminal court, as provided in subdivision one, and the proce- 2 dure may instead be as follows: 3 § 26. Section 150.20 of the criminal procedure law, subdivisions 1, 2 4 and 3 as amended by chapter 550 of the laws of 1987, is amended to read 5 as follows: 6 § 150.20 Appearance ticket; when and by whom issuable. 7 1. Whenever a police officer is authorized pursuant to section 140.10 8 to arrest a person without a warrant for an offense other than a class 9 A, B, C or D felony or a violation of section 130.25, [130.40,] 205.10, 10 205.17, 205.19 or 215.56 of the penal law, he may, subject to the 11 provisions of subdivisions three and four of section 150.40, instead 12 issue to and serve upon such person an appearance ticket. 13 2. (a) Whenever a police officer has arrested a person without a 14 warrant for an offense other than a class A, B, C or D felony or a 15 violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or 215.56 16 of the penal law pursuant to section 140.10, or (b) whenever a peace 17 officer, who is not authorized by law to issue an appearance ticket, has 18 arrested a person for an offense other than a class A, B, C or D felony 19 or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or 20 215.56 of the penal law pursuant to section 140.25, and has requested a 21 police officer to issue and serve upon such arrested person an appear- 22 ance ticket pursuant to subdivision four of section 140.27, or (c) when- 23 ever a person has been arrested for an offense other than a class A, B, 24 C or D felony or a violation of section 130.25, [130.40,] 205.10, 25 205.17, 205.19 or 215.56 of the penal law and has been delivered to the 26 custody of an appropriate police officer pursuant to section 140.40, 27 such police officer may, instead of bringing such person before a local 28 criminal court and promptly filing or causing the arresting peace offi- 29 cer or arresting person to file a local criminal court accusatory 30 instrument therewith, issue to and serve upon such person an appearance 31 ticket. The issuance and service of an appearance ticket under such 32 circumstances may be conditioned upon a deposit of pre-arraignment bail, 33 as provided in section 150.30. 34 3. A public servant other than a police officer, who is specially 35 authorized by state law or local law enacted pursuant to the provisions 36 of the municipal home rule law to issue and serve appearance tickets 37 with respect to designated offenses other than class A, B, C or D felo- 38 nies or violations of section 130.25, [130.40,] 205.10, 205.17, 205.19 39 or 215.56 of the penal law, may in such cases issue and serve upon a 40 person an appearance ticket when he has reasonable cause to believe that 41 such person has committed a crime, or has committed a petty offense in 42 his presence. 43 § 27. Subdivision 4 of section 180.75 of the criminal procedure law, 44 as amended by chapter 264 of the laws of 2003, is amended to read as 45 follows: 46 4. Notwithstanding the provisions of subdivisions two and three of 47 this section, a local criminal court shall, at the request of the 48 district attorney, order removal of an action against a juvenile offen- 49 der to the family court pursuant to the provisions of article seven 50 hundred twenty-five of this chapter if, upon consideration of the crite- 51 ria specified in subdivision two of section 210.43 of this chapter, it 52 is determined that to do so would be in the interests of justice. 53 Where, however, the felony complaint charges the juvenile offender with 54 murder in the second degree as defined in section 125.25 of the penal 55 law, rape in the first degree as defined in paragraph (a) of subdivision 56 one, paragraph (a) of subdivision two or paragraph (a) of subdivisionA. 4249 12 1 three of section 130.35 of the penal law, [criminal sexual act in the2first degree as defined in subdivision one of section 130.50 of the3penal law,] or an armed felony as defined in paragraph (a) of subdivi- 4 sion forty-one of section 1.20 of this chapter, a determination that 5 such action be removed to the family court shall, in addition, be based 6 upon a finding of one or more of the following factors: (i) mitigating 7 circumstances that bear directly upon the manner in which the crime was 8 committed; or (ii) where the defendant was not the sole participant in 9 the crime, the defendant's participation was relatively minor although 10 not so minor as to constitute a defense to the prosecution; or (iii) 11 possible deficiencies in proof of the crime. 12 § 28. Subdivision (a) of section 190.71 of the criminal procedure law, 13 as amended by chapter 7 of the laws of 2007, is amended to read as 14 follows: 15 (a) Except as provided in subdivision six of section 200.20 of this 16 chapter, a grand jury may not indict (i) a person thirteen years of age 17 for any conduct or crime other than conduct constituting a crime defined 18 in subdivisions one and two of section 125.25 (murder in the second 19 degree) or such conduct as a sexually motivated felony, where authorized 20 pursuant to section 130.91 of the penal law; (ii) a person fourteen or 21 fifteen years of age for any conduct or crime other than conduct consti- 22 tuting a crime defined in subdivisions one and two of section 125.25 23 (murder in the second degree) and in subdivision three of such section 24 provided that the underlying crime for the murder charge is one for 25 which such person is criminally responsible; 135.25 (kidnapping in the 26 first degree); 150.20 (arson in the first degree); subdivisions one and 27 two of section 120.10 (assault in the first degree); 125.20 (manslaught- 28 er in the first degree); [subdivisions one and] paragraphs (a) and (b) 29 of subdivision one, paragraphs (a) and (b) of subdivision two and para- 30 graphs (a) and (b) of subdivision three of section 130.35 (rape in the 31 first degree); [subdivisions one and two of section 130.50 (criminal32sexual act in the first degree);] 130.70 (aggravated sexual abuse in the 33 first degree); 140.30 (burglary in the first degree); subdivision one of 34 section 140.25 (burglary in the second degree); 150.15 (arson in the 35 second degree); 160.15 (robbery in the first degree); subdivision two of 36 section 160.10 (robbery in the second degree) of the penal law; [subdi-37vision four of section 265.02 of the penal law, where such firearm is38possessed on school grounds, as that phrase is defined in subdivision39fourteen of section 220.00 of the penal law;] or section 265.03 of the 40 penal law, where such machine gun or such firearm is possessed on school 41 grounds, as that phrase is defined in subdivision fourteen of section 42 220.00 of the penal law; or defined in the penal law as an attempt to 43 commit murder in the second degree or kidnapping in the first degree, or 44 such conduct as a sexually motivated felony, where authorized pursuant 45 to section 130.91 of the penal law. 46 § 29. Paragraph (b) of subdivision 1 of section 210.43 of the criminal 47 procedure law, as amended by chapter 264 of the laws of 2003, is amended 48 to read as follows: 49 (b) with the consent of the district attorney, order removal of an 50 action involving an indictment charging a juvenile offender with murder 51 in the second degree as defined in section 125.25 of the penal law; rape 52 in the first degree, as defined in paragraph (a) of subdivision one, 53 paragraph (a) of subdivision two and paragraph (a) of subdivision three 54 of section 130.35 of the penal law; [criminal sexual act in the first55degree, as defined in subdivision one of section 130.50 of the penal56law;] or an armed felony as defined in paragraph (a) of subdivisionA. 4249 13 1 forty-one of section 1.20, to the family court pursuant to the 2 provisions of article seven hundred twenty-five of this chapter if the 3 court finds one or more of the following factors: (i) mitigating circum- 4 stances that bear directly upon the manner in which the crime was 5 committed; (ii) where the defendant was not the sole participant in the 6 crime, the defendant's participation was relatively minor although not 7 so minor as to constitute a defense to the prosecution; or (iii) possi- 8 ble deficiencies in the proof of the crime, and, after consideration of 9 the factors set forth in subdivision two of this section, the court 10 determined that removal of the action to the family court would be in 11 the interests of justice. 12 § 30. Subparagraph (iii) of paragraph (g) of subdivision 5 of section 13 220.10 of the criminal procedure law, as amended by chapter 264 of the 14 laws of 2003, is amended to read as follows: 15 (iii) Where the indictment does not charge a crime specified in 16 subparagraph (i) of this paragraph, the district attorney may recommend 17 removal of the action to the family court. Upon making such recommenda- 18 tion the district attorney shall submit a subscribed memorandum setting 19 forth: (1) a recommendation that the interests of justice would best be 20 served by removal of the action to the family court; and (2) if the 21 indictment charges a thirteen year old with the crime of murder in the 22 second degree, or a fourteen or fifteen year old with the crimes of rape 23 in the first degree as defined in paragraph (a) of subdivision one, 24 paragraph (a) of subdivision two and paragraph (a) of subdivision three 25 of section 130.35 of the penal law, [or criminal sexual act in the first26degree as defined in subdivision one of section 130.50 of the penal27law,] or an armed felony as defined in paragraph (a) of subdivision 28 forty-one of section 1.20 of this chapter specific factors, one or more 29 of which reasonably supports the recommendation, showing, (i) mitigating 30 circumstances that bear directly upon the manner in which the crime was 31 committed, or (ii) where the defendant was not the sole participant in 32 the crime, that the defendant's participation was relatively minor 33 although not so minor as to constitute a defense to the prosecution, or 34 (iii) possible deficiencies in proof of the crime, or (iv) where the 35 juvenile offender has no previous adjudications of having committed a 36 designated felony act, as defined in subdivision eight of section 301.2 37 of the family court act, regardless of the age of the offender at the 38 time of commission of the act, that the criminal act was not part of a 39 pattern of criminal behavior and, in view of the history of the offen- 40 der, is not likely to be repeated. 41 § 31. Subdivision 6 of section 300.50 of the criminal procedure law, 42 as amended by chapter 264 of the laws of 2003, is amended to read as 43 follows: 44 6. For purposes of this section, the offenses of rape in the third 45 degree as defined in [subdivision three] subdivisions seven, eight and 46 nine of section 130.25 of the penal law [and criminal sexual act in the47third degree as defined in subdivision three of section 130.40 of the48penal law], are not lesser included offenses of rape in the first 49 degree[, criminal sexual act in the first degree] or any other offense. 50 Notwithstanding the foregoing, either such offense may be submitted as a 51 lesser included offense of the applicable first degree offense when (i) 52 there is a reasonable view of the evidence which would support a finding 53 that the defendant committed such lesser offense but did not commit the 54 greater offense, and (ii) both parties consent to its submission.A. 4249 14 1 § 32. Subdivision 6 of section 380.50 of the criminal procedure law, 2 as amended by chapter 394 of the laws of 2015, is amended to read as 3 follows: 4 6. Regardless of whether the victim requests to make a statement with 5 regard to the defendant's sentence, where the defendant is sentenced for 6 a violent felony offense as defined in section 70.02 of the penal law or 7 a felony defined in article one hundred twenty-five of such law or any 8 of the following provisions of such law sections 130.25, 130.30, 9 [130.40, 130.45,] 255.25, 255.26, 255.27, article two hundred sixty- 10 three, 135.10, 135.25, 230.05, 230.06, subdivision two of section 230.30 11 or 230.32, the prosecutor shall, within sixty days of the imposition of 12 sentence, provide the victim with a form, prepared and distributed by 13 the commissioner of the division of criminal justice services, in 14 consultation with the director of the office of victim services, on 15 which the victim may indicate a demand to be informed of any petition to 16 change the name of such defendant. Such forms shall be maintained by 17 such prosecutor. Upon receipt of a notice of a petition to change the 18 name of any such defendant, pursuant to subdivision two of section 19 sixty-two of the civil rights law, the prosecutor shall promptly notify 20 the victim at the most current address or telephone number provided by 21 such victim in the most reasonable and expedient possible manner of the 22 time and place such petition will be presented to the court. 23 § 32-a. Subdivision 6 of section 380.50 of the criminal procedure law, 24 as separately amended by chapters 368 and 394 of the laws of 2015, is 25 amended to read as follows: 26 6. Regardless of whether the victim requests to make a statement with 27 regard to the defendant's sentence, where the defendant is sentenced for 28 a violent felony offense as defined in section 70.02 of the penal law or 29 a felony defined in article one hundred twenty-five of such law or any 30 of the following provisions of such law sections 130.25, 130.30, 31 [130.40, 130.45,] 255.25, 255.26, 255.27, article two hundred sixty- 32 three, 135.10, 135.25, 230.05, 230.06, 230.11, 230.12, 230.13, subdivi- 33 sion two of section 230.30 or 230.32, the prosecutor shall, within sixty 34 days of the imposition of sentence, provide the victim with a form, 35 prepared and distributed by the commissioner of the division of criminal 36 justice services, in consultation with the director of the office of 37 victim services, on which the victim may indicate a demand to be 38 informed of any petition to change the name of such defendant. Such 39 forms shall be maintained by such prosecutor. Upon receipt of a notice 40 of a petition to change the name of any such defendant, pursuant to 41 subdivision two of section sixty-two of the civil rights law, the prose- 42 cutor shall promptly notify the victim at the most current address or 43 telephone number provided by such victim in the most reasonable and 44 expedient possible manner of the time and place such petition will be 45 presented to the court. 46 § 33. Paragraph (b) of subdivision 8 of section 700.05 of the criminal 47 procedure law, as amended by chapter 368 of the laws of 2015, is amended 48 to read as follows: 49 (b) Any of the following felonies: assault in the second degree as 50 defined in section 120.05 of the penal law, assault in the first degree 51 as defined in section 120.10 of the penal law, reckless endangerment in 52 the first degree as defined in section 120.25 of the penal law, promot- 53 ing a suicide attempt as defined in section 120.30 of the penal law, 54 strangulation in the second degree as defined in section 121.12 of the 55 penal law, strangulation in the first degree as defined in section 56 121.13 of the penal law, criminally negligent homicide as defined inA. 4249 15 1 section 125.10 of the penal law, manslaughter in the second degree as 2 defined in section 125.15 of the penal law, manslaughter in the first 3 degree as defined in section 125.20 of the penal law, murder in the 4 second degree as defined in section 125.25 of the penal law, murder in 5 the first degree as defined in section 125.27 of the penal law, abortion 6 in the second degree as defined in section 125.40 of the penal law, 7 abortion in the first degree as defined in section 125.45 of the penal 8 law, rape in the third degree as defined in section 130.25 of the penal 9 law, rape in the second degree as defined in section 130.30 of the penal 10 law, rape in the first degree as defined in section 130.35 of the penal 11 law, [criminal sexual act in the third degree as defined in section12130.40 of the penal law, criminal sexual act in the second degree as13defined in section 130.45 of the penal law, criminal sexual act in the14first degree as defined in section 130.50 of the penal law,] sexual 15 abuse in the first degree as defined in section 130.65 of the penal law, 16 unlawful imprisonment in the first degree as defined in section 135.10 17 of the penal law, kidnapping in the second degree as defined in section 18 135.20 of the penal law, kidnapping in the first degree as defined in 19 section 135.25 of the penal law, labor trafficking as defined in section 20 135.35 of the penal law, aggravated labor trafficking as defined in 21 section 135.37 of the penal law, custodial interference in the first 22 degree as defined in section 135.50 of the penal law, coercion in the 23 first degree as defined in section 135.65 of the penal law, criminal 24 trespass in the first degree as defined in section 140.17 of the penal 25 law, burglary in the third degree as defined in section 140.20 of the 26 penal law, burglary in the second degree as defined in section 140.25 of 27 the penal law, burglary in the first degree as defined in section 140.30 28 of the penal law, criminal mischief in the third degree as defined in 29 section 145.05 of the penal law, criminal mischief in the second degree 30 as defined in section 145.10 of the penal law, criminal mischief in the 31 first degree as defined in section 145.12 of the penal law, criminal 32 tampering in the first degree as defined in section 145.20 of the penal 33 law, arson in the fourth degree as defined in section 150.05 of the 34 penal law, arson in the third degree as defined in section 150.10 of the 35 penal law, arson in the second degree as defined in section 150.15 of 36 the penal law, arson in the first degree as defined in section 150.20 of 37 the penal law, grand larceny in the fourth degree as defined in section 38 155.30 of the penal law, grand larceny in the third degree as defined in 39 section 155.35 of the penal law, grand larceny in the second degree as 40 defined in section 155.40 of the penal law, grand larceny in the first 41 degree as defined in section 155.42 of the penal law, health care fraud 42 in the fourth degree as defined in section 177.10 of the penal law, 43 health care fraud in the third degree as defined in section 177.15 of 44 the penal law, health care fraud in the second degree as defined in 45 section 177.20 of the penal law, health care fraud in the first degree 46 as defined in section 177.25 of the penal law, robbery in the third 47 degree as defined in section 160.05 of the penal law, robbery in the 48 second degree as defined in section 160.10 of the penal law, robbery in 49 the first degree as defined in section 160.15 of the penal law, unlawful 50 use of secret scientific material as defined in section 165.07 of the 51 penal law, criminal possession of stolen property in the fourth degree 52 as defined in section 165.45 of the penal law, criminal possession of 53 stolen property in the third degree as defined in section 165.50 of the 54 penal law, criminal possession of stolen property in the second degree 55 as defined by section 165.52 of the penal law, criminal possession of 56 stolen property in the first degree as defined by section 165.54 of theA. 4249 16 1 penal law, trademark counterfeiting in the second degree as defined in 2 section 165.72 of the penal law, trademark counterfeiting in the first 3 degree as defined in section 165.73 of the penal law, forgery in the 4 second degree as defined in section 170.10 of the penal law, forgery in 5 the first degree as defined in section 170.15 of the penal law, criminal 6 possession of a forged instrument in the second degree as defined in 7 section 170.25 of the penal law, criminal possession of a forged instru- 8 ment in the first degree as defined in section 170.30 of the penal law, 9 criminal possession of forgery devices as defined in section 170.40 of 10 the penal law, falsifying business records in the first degree as 11 defined in section 175.10 of the penal law, tampering with public 12 records in the first degree as defined in section 175.25 of the penal 13 law, offering a false instrument for filing in the first degree as 14 defined in section 175.35 of the penal law, issuing a false certificate 15 as defined in section 175.40 of the penal law, criminal diversion of 16 prescription medications and prescriptions in the second degree as 17 defined in section 178.20 of the penal law, criminal diversion of 18 prescription medications and prescriptions in the first degree as 19 defined in section 178.25 of the penal law, residential mortgage fraud 20 in the fourth degree as defined in section 187.10 of the penal law, 21 residential mortgage fraud in the third degree as defined in section 22 187.15 of the penal law, residential mortgage fraud in the second degree 23 as defined in section 187.20 of the penal law, residential mortgage 24 fraud in the first degree as defined in section 187.25 of the penal law, 25 escape in the second degree as defined in section 205.10 of the penal 26 law, escape in the first degree as defined in section 205.15 of the 27 penal law, absconding from temporary release in the first degree as 28 defined in section 205.17 of the penal law, promoting prison contraband 29 in the first degree as defined in section 205.25 of the penal law, 30 hindering prosecution in the second degree as defined in section 205.60 31 of the penal law, hindering prosecution in the first degree as defined 32 in section 205.65 of the penal law, sex trafficking as defined in 33 section 230.34 of the penal law, criminal possession of a weapon in the 34 third degree as defined in subdivisions two, three and five of section 35 265.02 of the penal law, criminal possession of a weapon in the second 36 degree as defined in section 265.03 of the penal law, criminal 37 possession of a weapon in the first degree as defined in section 265.04 38 of the penal law, manufacture, transport, disposition and defacement of 39 weapons and dangerous instruments and appliances defined as felonies in 40 subdivisions one, two, and three of section 265.10 of the penal law, 41 sections 265.11, 265.12 and 265.13 of the penal law, or prohibited use 42 of weapons as defined in subdivision two of section 265.35 of the penal 43 law, relating to firearms and other dangerous weapons, or failure to 44 disclose the origin of a recording in the first degree as defined in 45 section 275.40 of the penal law; 46 § 34. Paragraph (a) of subdivision 2 of section 720.10 of the criminal 47 procedure law, as amended by chapter 316 of the laws of 2006, is amended 48 to read as follows: 49 (a) the conviction to be replaced by a youthful offender finding is 50 for (i) a class A-I or class A-II felony, or (ii) an armed felony as 51 defined in subdivision forty-one of section 1.20, except as provided in 52 subdivision three, or (iii) rape in the first degree[, criminal sexual53act in the first degree,] or aggravated sexual abuse, except as provided 54 in subdivision three, or 55 § 35. Paragraph (a) of subdivision 2 and paragraph (a) of subdivision 56 3 of section 168-a of the correction law, paragraph (a) of subdivision 2A. 4249 17 1 as amended by chapter 405 of the laws of 2008 and paragraph (a) of 2 subdivision 3 as amended by chapter 107 of the laws of 2006, are amended 3 to read as follows: 4 (a) (i) a conviction of or a conviction for an attempt to commit any 5 of the provisions of sections 120.70, 130.20, 130.25, 130.30, [130.40,6130.45,] 130.60, 230.34, 250.50, 255.25, 255.26 and 255.27 or article 7 two hundred sixty-three of the penal law, or section 135.05, 135.10, 8 135.20 or 135.25 of such law relating to kidnapping offenses, provided 9 the victim of such kidnapping or related offense is less than seventeen 10 years old and the offender is not the parent of the victim, or section 11 230.04, where the person patronized is in fact less than seventeen years 12 of age, 230.05 or 230.06, or subdivision two of section 230.30, or 13 section 230.32 or 230.33 of the penal law, or (ii) a conviction of or a 14 conviction for an attempt to commit any of the provisions of section 15 235.22 of the penal law, or (iii) a conviction of or a conviction for an 16 attempt to commit any provisions of the foregoing sections committed or 17 attempted as a hate crime defined in section 485.05 of the penal law or 18 as a crime of terrorism defined in section 490.25 of such law or as a 19 sexually motivated felony defined in section 130.91 of such law; or 20 (a) (i) a conviction of or a conviction for an attempt to commit any 21 of the provisions of sections 130.35, [130.50,] 130.65, 130.66, 130.67, 22 130.70, 130.75, 130.80, 130.95 and 130.96 of the penal law, or (ii) a 23 conviction of or a conviction for an attempt to commit any of the 24 provisions of sections 130.53, 130.65-a and 130.90 of the penal law, or 25 (iii) a conviction of or a conviction for an attempt to commit any 26 provisions of the foregoing sections committed or attempted as a hate 27 crime defined in section 485.05 of the penal law or as a crime of 28 terrorism defined in section 490.25 of such law; or 29 § 35-a. Paragraph (a) of subdivision 2 of section 168-a of the 30 correction law, as amended by chapter 405 of the laws of 2008, subpara- 31 graph (i) of paragraph (a) as amended by chapter 368 of the laws of 32 2015, is amended to read as follows: 33 (a) (i) a conviction of or a conviction for an attempt to commit any 34 of the provisions of sections 120.70, 130.20, 130.25, 130.30, [130.40,35130.45,] 130.60, 230.34, 250.50, 255.25, 255.26 and 255.27 or article 36 two hundred sixty-three of the penal law, or section 135.05, 135.10, 37 135.20 or 135.25 of such law relating to kidnapping offenses, provided 38 the victim of such kidnapping or related offense is less than seventeen 39 years old and the offender is not the parent of the victim, or section 40 230.04, where the person patronized is in fact less than seventeen years 41 of age, 230.05, 230.06, 230.11, 230.12, 230.13, subdivision two of 42 section 230.30, section 230.32, 230.33, or 230.34 of the penal law, or 43 section 230.25 of the penal law where the person prostituted is in fact 44 less than seventeen years old, or (ii) a conviction of or a conviction 45 for an attempt to commit any of the provisions of section 235.22 of the 46 penal law, or (iii) a conviction of or a conviction for an attempt to 47 commit any provisions of the foregoing sections committed or attempted 48 as a hate crime defined in section 485.05 of the penal law or as a crime 49 of terrorism defined in section 490.25 of such law or as a sexually 50 motivated felony defined in section 130.91 of such law; or 51 § 36. Subparagraph (ii) of paragraph (a), subparagraphs (i) and (ii) 52 of paragraph (b) and paragraph (e) of subdivision 8 of section 384-b of 53 the social services law, subparagraph (ii) of paragraph (a) and subpara- 54 graph (i) of paragraph (b) as amended by chapter 430 of the laws of 55 2013, subparagraph (ii) of paragraph (b) as amended and paragraph (e) as 56 added by chapter 7 of the laws of 1999, are amended to read as follows:A. 4249 18 1 (ii) the child has been found to be an abused child, as defined in 2 paragraph (iii) of subdivision (e) of section ten hundred twelve of the 3 family court act, as a result of such parent's acts; provided, however, 4 the respondent must have committed or knowingly allowed to be committed 5 a felony sex offense as defined in sections 130.25, 130.30, 130.35, 6 [130.40, 130.45, 130.50,] 130.65, 130.67, 130.70, 130.75, 130.80, 130.95 7 and 130.96 of the penal law and, for the purposes of this section the 8 corroboration requirements contained in the penal law shall not apply to 9 proceedings under this section; or 10 (i) the child has been found to be an abused child, (A) as defined in 11 paragraph (i) of subdivision (e) of section ten hundred twelve of the 12 family court act, as a result of such parent's acts; or (B) as defined 13 in paragraph (iii) of subdivision (e) of section ten hundred twelve of 14 the family court act, as a result of such parent's acts; provided, 15 however, the respondent must have committed or knowingly allowed to be 16 committed a felony sex offense as defined in sections 130.25, 130.30, 17 130.35, [130.40, 130.45, 130.50,] 130.65, 130.67, 130.70, 130.75, 18 130.80, 130.95 and 130.96 of the penal law; and 19 (ii) (A) the child or another child for whose care such parent is or 20 has been legally responsible has been previously found, within the five 21 years immediately preceding the initiation of the proceeding in which 22 such abuse is found, to be an abused child, as defined in paragraph (i) 23 or (iii) of subdivision (e) of section ten hundred twelve of the family 24 court act, as a result of such parent's acts; provided, however, in the 25 case of a finding of abuse as defined in paragraph (iii) of subdivision 26 (e) of section ten hundred twelve of the family court act the respondent 27 must have committed or knowingly allowed to be committed a felony sex 28 offense as defined in sections 130.25, 130.30, 130.35, [130.40, 130.45,29130.50,] 130.65, 130.67, 130.70, 130.75 and 130.80 of the penal law, or 30 (B) the parent has been convicted of a crime under section 130.25, 31 130.30, 130.35, [130.40, 130.45, 130.50,] 130.65, 130.67, 130.70, 130.75 32 or 130.80 of the penal law against the child, a sibling of the child or 33 another child for whose care such parent is or has been legally respon- 34 sible, within the five year period immediately preceding the initiation 35 of the proceeding in which abuse is found; and 36 (e) A determination by the court in accordance with article ten of the 37 family court act based upon clear and convincing evidence that a child 38 was abused (A) as defined in paragraph (i) of subdivision (e) of section 39 ten hundred twelve of the family court act, as a result of such parent's 40 acts; or (B) as defined in paragraph (iii) of subdivision (e) of section 41 ten hundred twelve of the family court act, as a result of such parent's 42 acts; provided, however, the respondent must have committed or knowingly 43 allowed to be committed a felony sex offense as defined in sections 44 130.25, 130.30, 130.35, [130.40, 130.45, 130.50,] 130.65, 130.67, 45 130.70, 130.75 and 130.80 of the penal law shall establish that the 46 child was an abused child for the purpose of a determination as required 47 by subparagraph (i) or (ii) of paragraph (b) of this subdivision. Such a 48 determination by the court in accordance with article ten of the family 49 court act based upon a fair preponderance of evidence shall be admissi- 50 ble in any proceeding commenced in accordance with this section. 51 § 37. Paragraphs (a) and (b) of subdivision 4 of section 509-cc of the 52 vehicle and traffic law, as amended by chapter 400 of the laws of 2011, 53 are amended to read as follows: 54 (a) The offenses referred to in subparagraph (ii) of paragraph (a) of 55 subdivision one and paragraph (a) of subdivision two of this section 56 that result in permanent disqualification shall include a convictionA. 4249 19 1 under sections 125.12, 125.13, 125.14, 125.15, 125.20, 125.21, 125.22, 2 125.25, 125.26, 125.27, 130.30, 130.35, [130.45, 130.50,] 130.65, 3 130.66, 130.67, 130.70, 130.75, 130.80, 130.90, 130.95, 130.96, 135.25, 4 150.20, 230.30, 230.32, 230.34, 235.22, 263.05, 263.10, 263.11, 263.15, 5 263.16 of the penal law or an attempt to commit any of the aforesaid 6 offenses under section 110.00 of the penal law, or any offenses commit- 7 ted under a former section of the penal law which would constitute 8 violations of the aforesaid sections of the penal law, or any offenses 9 committed outside this state which would constitute violations of the 10 aforesaid sections of the penal law. 11 (b) The offenses referred to in subparagraph (ii) of paragraph (a) of 12 subdivision one and paragraph (b) of subdivision two of this section 13 that result in permanent disqualification shall include a conviction 14 under sections 100.13, 105.15, 105.17, 115.08, 120.12, 120.70, 125.10, 15 125.11, [130.40,] 130.53, 130.60, 130.65-a, 135.20, 160.15, 220.18, 16 220.21, 220.39, 220.41, 220.43, 220.44, 230.25, 260.00, 265.04 of the 17 penal law or an attempt to commit any of the aforesaid offenses under 18 section 110.00 of the penal law, or any offenses committed under a 19 former section of the penal law which would constitute violations of the 20 aforesaid sections of the penal law, or any offenses committed outside 21 this state which would constitute violations of the aforesaid sections 22 of the penal law. 23 § 38. Subdivision (b) of section 117 of the family court act, as 24 amended by chapter 7 of the laws of 2007, is amended to read as follows: 25 (b) For every juvenile delinquency proceeding under article three 26 involving an allegation of an act committed by a person which, if done 27 by an adult, would be a crime (i) defined in sections 125.27 (murder in 28 the first degree); 125.25 (murder in the second degree); 135.25 (kidnap- 29 ping in the first degree); or 150.20 (arson in the first degree) of the 30 penal law committed by a person thirteen, fourteen or fifteen years of 31 age; or such conduct committed as a sexually motivated felony, where 32 authorized pursuant to section 130.91 of the penal law; (ii) defined in 33 sections 120.10 (assault in the first degree); 125.20 (manslaughter in 34 the first degree); 130.35 (rape in the first degree); [130.50 (criminal35sexual act in the first degree);] 135.20 (kidnapping in the second 36 degree), but only where the abduction involved the use or threat of use 37 of deadly physical force; 150.15 (arson in the second degree); or 160.15 38 (robbery in the first degree) of the penal law committed by a person 39 thirteen, fourteen or fifteen years of age; or such conduct committed as 40 a sexually motivated felony, where authorized pursuant to section 130.91 41 of the penal law; (iii) defined in the penal law as an attempt to commit 42 murder in the first or second degree or kidnapping in the first degree 43 committed by a person thirteen, fourteen or fifteen years of age; or 44 such conduct committed as a sexually motivated felony, where authorized 45 pursuant to section 130.91 of the penal law; (iv) defined in section 46 140.30 (burglary in the first degree); subdivision one of section 140.25 47 (burglary in the second degree); subdivision two of section 160.10 48 (robbery in the second degree) of the penal law; or section 265.03 of 49 the penal law, where such machine gun or such firearm is possessed on 50 school grounds, as that phrase is defined in subdivision fourteen of 51 section 220.00 of the penal law committed by a person fourteen or 52 fifteen years of age; or such conduct committed as a sexually motivated 53 felony, where authorized pursuant to section 130.91 of the penal law; 54 (v) defined in section 120.05 (assault in the second degree) or 160.10 55 (robbery in the second degree) of the penal law committed by a person 56 fourteen or fifteen years of age but only where there has been a priorA. 4249 20 1 finding by a court that such person has previously committed an act 2 which, if committed by an adult, would be the crime of assault in the 3 second degree, robbery in the second degree or any designated felony act 4 specified in clause (i), (ii) or (iii) of this subdivision regardless of 5 the age of such person at the time of the commission of the prior act; 6 or (vi) other than a misdemeanor, committed by a person at least seven 7 but less than sixteen years of age, but only where there has been two 8 prior findings by the court that such person has committed a prior act 9 which, if committed by an adult would be a felony: 10 (i) There is hereby established in the family court in the city of New 11 York at least one "designated felony act part." Such part or parts shall 12 be held separate from all other proceedings of the court, and shall have 13 jurisdiction over all proceedings involving such an allegation. All such 14 proceedings shall be originated in or be transferred to this part from 15 other parts as they are made known to the court. 16 (ii) Outside the city of New York, all proceedings involving such an 17 allegation shall have a hearing preference over every other proceeding 18 in the court, except proceedings under article ten. 19 § 39. Paragraph (ii) of subdivision 8 of section 301.2 of the family 20 court act, as amended by chapter 7 of the laws of 2007, is amended to 21 read as follows: 22 (ii) defined in sections 120.10 (assault in the first degree); 125.20 23 (manslaughter in the first degree); 130.35 (rape in the first degree); 24 [130.50 (criminal sexual act in the first degree);] 130.70 (aggravated 25 sexual abuse 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; 32 § 40. Subdivision 4 of section 308.1 of the family court act, as 33 amended by chapter 264 of the laws of 2003, is amended to read as 34 follows: 35 4. The probation service shall not adjust a case in which the child 36 has allegedly committed a delinquent act which would be a crime defined 37 in section 120.25, (reckless endangerment in the first degree), [subdi-38vision one of section 125.15, (manslaughter in the second degree),39subdivision] subdivisions one, two and three of section 130.25, (rape in 40 the third degree), [subdivision one of section 130.40, (criminal sexual41act in the third degree),] subdivision one or two of section 130.65, 42 (sexual abuse in the first degree), section 135.65, (coercion in the 43 first degree), section 140.20, (burglary in the third degree), section 44 150.10, (arson in the third degree), section 160.05, (robbery in the 45 third degree), subdivision two, three or four of section 265.02, (crimi- 46 nal possession of a weapon in the third degree), section 265.03, (crimi- 47 nal possession of a weapon in the second degree), or section 265.04, 48 (criminal possession of a dangerous weapon in the first degree) of the 49 penal law where the child has previously had one or more adjustments of 50 a case in which such child allegedly committed an act which would be a 51 crime specified in this subdivision unless it has received written 52 approval from the court and the appropriate presentment agency. 53 § 41. Subdivision (c) of section 1052 of the family court act, as 54 added by chapter 739 of the laws of 1981, is amended to read as follows: 55 (c) Prior to granting an order of disposition pursuant to subdivision 56 (a) of this section following an adjudication of child abuse, as definedA. 4249 21 1 in paragraph (i) of subdivision (e) of section ten hundred twelve of 2 this act or a finding of a felony sex offense as defined in sections 3 130.25, 130.30, 130.35, [130.40, 130.45, 130.50,] 130.65 and 130.70 of 4 the penal law, the court shall advise the respondent that any subsequent 5 adjudication of child abuse, as defined in paragraph (i) of subdivision 6 (e) of section one thousand twelve of this act or any subsequent finding 7 of a felony sex offense as defined in those sections of the penal law 8 herein enumerated, arising out of acts of the respondent may result in 9 the commitment of the guardianship and custody of the child or another 10 child pursuant to section three hundred eighty-four-b of the social 11 services law. The order in such cases shall contain a statement that any 12 subsequent adjudication of child abuse or finding of a felony sex 13 offense as described herein may result in the commitment of the guardi- 14 anship and custody of the child, or another child pursuant to section 15 three hundred eighty-four-b of the social services law. 16 § 42. Subdivision 2 of section 61 of the civil rights law, as amended 17 by section 54 of subpart B of part C of chapter 62 of the laws of 2011, 18 is amended to read as follows: 19 2. If the petitioner stands convicted of a violent felony offense as 20 defined in section 70.02 of the penal law or a felony defined in article 21 one hundred twenty-five of such law or any of the following provisions 22 of such law sections 130.25, 130.30, [130.40, 130.45,] 255.25, 255.26, 23 255.27, article two hundred sixty-three, 135.10, 135.25, 230.05, 230.06, 24 subdivision two of section 230.30 or 230.32, and is currently confined 25 as an inmate in any correctional facility or currently under the super- 26 vision of the department of corrections and community supervision or a 27 county probation department as a result of such conviction, the petition 28 shall for each such conviction specify such felony conviction, the date 29 of such conviction or convictions, and the court in which such 30 conviction or convictions were entered. 31 § 43. Subdivision 2 of section 62 of the civil rights law, as amended 32 by section 55 of subpart B of part C of chapter 62 of the laws of 2011, 33 is amended to read as follows: 34 2. If the petition be to change the name of a person currently 35 confined as an inmate in any correctional facility or currently under 36 the supervision of the department of corrections and community super- 37 vision or a county probation department as a result of a conviction for 38 a violent felony offense as defined in section 70.02 of the penal law or 39 a felony defined in article one hundred twenty-five of such law or any 40 of the following provisions of such law sections 130.25, 130.30, 41 [130.40, 130.45,] 255.25, 255.26, 255.27, article two hundred sixty- 42 three, 135.10, 135.25, 230.05, 230.06, subdivision two of section 230.30 43 or 230.32, notice of the time and place when and where the petition will 44 be presented shall be served, in like manner as a notice of a motion 45 upon an attorney in an action, upon the district attorney of every coun- 46 ty in which such person has been convicted of such felony and upon the 47 court or courts in which the sentence for such felony was entered. 48 Unless a shorter period of time is ordered by the court, said notice 49 shall be served upon each such district attorney and court or courts not 50 less than sixty days prior to the date on which such petition is noticed 51 to be heard. 52 § 44. The closing paragraph of section 64 of the civil rights law, as 53 separately amended by chapters 258, 320 and 481 of the laws of 2006, is 54 amended to read as follows: 55 Upon compliance with the order and the filing of the affidavit of the 56 publication, as provided in this section, the clerk of the court inA. 4249 22 1 which the order has been entered shall certify that the order has been 2 complied with; and, if the petition states that the petitioner stands 3 convicted of a violent felony offense as defined in section 70.02 of the 4 penal law or a felony defined in article one hundred twenty-five of such 5 law or any of the following provisions of such law sections 130.25, 6 130.30, [130.40, 130.45,] 255.25, 255.26, 255.27, article two hundred 7 sixty-three, 135.10, 135.25, 230.05, 230.06, subdivision two of section 8 230.30 or 230.32, such clerk (1) shall deliver, by first class mail, a 9 copy of such certified order to the division of criminal justice 10 services at its office in the county of Albany and (2) upon the clerk of 11 the court reviewing the petitioner's application for name change and 12 subsequent in-court inquiry, may, in the clerk's discretion, deliver, by 13 first class mail, the petitioner's new name with such certified order to 14 the court of competent jurisdiction which imposed the orders of support. 15 Such certification shall appear on the original order and on any certi- 16 fied copy thereof and shall be entered in the clerk's minutes of the 17 proceeding. 18 § 45. Section 213-c of the civil practice law and rules, as added by 19 chapter 3 of the laws of 2006, is amended to read as follows: 20 § 213-c. Action by victim of conduct constituting certain sexual 21 offenses. Notwithstanding any other limitation set forth in this arti- 22 cle, a civil claim or cause of action to recover from a defendant as 23 hereinafter defined, for physical, psychological or other injury or 24 condition suffered by a person as a result of acts by such defendant of 25 rape in the first degree as defined in section 130.35 of the penal law, 26 [or criminal sexual act in the first degree as defined in section 130.5027of the penal law,] or aggravated sexual abuse in the first degree as 28 defined in section 130.70 of the penal law, or course of sexual conduct 29 against a child in the first degree as defined in section 130.75 of the 30 penal law may be brought within five years. As used in this section, the 31 term "defendant" shall mean only a person who commits the acts described 32 in this section or who, in a criminal proceeding, could be charged with 33 criminal liability for the commission of such acts pursuant to section 34 20.00 of the penal law and shall not apply to any related civil claim or 35 cause of action arising from such acts. Nothing in this section shall be 36 construed to require that a criminal charge be brought or a criminal 37 conviction be obtained as a condition of bringing a civil cause of 38 action or receiving a civil judgment pursuant to this section or be 39 construed to require that any of the rules governing a criminal proceed- 40 ing be applicable to any such civil action. 41 § 46. Paragraph (b) of subdivision 8 of section 215 of the civil prac- 42 tice law and rules, as added by chapter 3 of the laws of 2006, is 43 amended to read as follows: 44 (b) Whenever it is shown that a criminal action against the same 45 defendant has been commenced with respect to the event or occurrence 46 from which a claim governed by this section arises, and such criminal 47 action is for rape in the first degree as defined in section 130.35 of 48 the penal law, [or criminal sexual act in the first degree as defined in49section 130.50 of the penal law,] or aggravated sexual abuse in the 50 first degree as defined in section 130.70 of the penal law, or course of 51 sexual conduct against a child in the first degree as defined in section 52 130.75 of the penal law, the plaintiff shall have at least five years 53 from the termination of the criminal action as defined in section 1.20 54 of the criminal procedure law in which to commence the civil action, 55 notwithstanding that the time in which to commence such action has 56 already expired or has less than a year remaining.A. 4249 23 1 § 47. Subdivision 11 of section 123 of the agriculture and markets 2 law, as amended by chapter 392 of the laws of 2004, and such section as 3 renumbered by section 18 of part T of chapter 59 of the laws of 2010, is 4 amended to read as follows: 5 11. The owner shall not be liable pursuant to subdivision six, seven, 6 eight, nine or ten of this section if the dog was coming to the aid or 7 defense of a person during the commission or attempted commission of a 8 murder, robbery, burglary, arson, rape in the first degree as defined in 9 paragraph (a) or (b) of subdivision one [or], paragraph (a) or (b) of 10 subdivision two or paragraph (a) or (b) of subdivision three of section 11 130.35 of the penal law[, criminal sexual act in the first degree as12defined in subdivision one or two of section 130.50 of the penal law] or 13 kidnapping within the dwelling or upon the real property of the owner of 14 the dog and the dog injured or killed the person committing such crimi- 15 nal activity. 16 § 48. Section 4 of the judiciary law, as amended by chapter 264 of the 17 laws of 2003, is amended to read as follows: 18 § 4. Sittings of courts to be public. The sittings of every court 19 within this state shall be public, and every citizen may freely attend 20 the same, except that in all proceedings and trials in cases for 21 divorce, seduction, abortion, rape, assault with intent to commit rape, 22 [criminal sexual act,] bastardy or filiation, the court may, in its 23 discretion, exclude therefrom all persons who are not directly inter- 24 ested therein, excepting jurors, witnesses, and officers of the court. 25 § 49. Subdivision 2 of section 120.60 of the penal law, as amended by 26 chapter 434 of the laws of 2000, is amended to read as follows: 27 2. commits a class A misdemeanor defined in article one hundred thirty 28 of this chapter, or a class E felony defined in section 130.25, [130.40] 29 or 130.85 of this chapter, or a class D felony defined in section 130.30 30 [or 130.45] of this chapter. 31 § 50. Subdivision 1 of section 210.16 of the criminal procedure law, 32 as added by chapter 571 of the laws of 2007, is amended to read as 33 follows: 34 1. (a) In a case where an indictment or a superior court information 35 has been filed with a superior court which charges the defendant with a 36 felony offense enumerated in any section of article one hundred thirty 37 of the penal law where an act of "[sexual intercourse] vaginal sexual 38 contact", "oral sexual [conduct] contact" or "anal sexual [conduct] 39 contact," as those terms are defined in section 130.00 of the penal law, 40 is required as an essential element for the commission thereof, the 41 court shall, upon a request of the victim within six months of the date 42 of the crimes charged, order that the defendant submit to human immuno- 43 deficiency virus (HIV) related testing. Testing of a defendant shall be 44 ordered when the result would provide medical benefit to the victim or a 45 psychological benefit to the victim. Medical benefit shall be found when 46 the following elements are satisfied: (i) a decision is pending about 47 beginning, continuing, or discontinuing a medical intervention for the 48 victim; and (ii) the result of an HIV test of the accused could affect 49 that decision, and could provide relevant information beyond that which 50 would be provided by an HIV test of the victim. If testing the defendant 51 would provide medical benefit to the victim or a psychological benefit 52 to the victim, then the testing is to be conducted by a state, county, 53 or local public health officer designated by the order. Test results, 54 which shall not be disclosed to the court, shall be communicated to the 55 defendant and the victim named in the order in accordance with theA. 4249 24 1 provisions of section twenty-seven hundred eighty-five-a of the public 2 health law. 3 (b) For the purposes of this section, the terms "victim" and "appli- 4 cant" mean the person with whom the defendant is charged to have engaged 5 in an act of "[sexual intercourse] vaginal sexual contact", "oral sexual 6 [conduct] contact" or "anal sexual [conduct] contact", as those terms 7 are defined in section 130.00 of the penal law, where such conduct with 8 such victim was the basis for charging the defendant with an offense 9 specified in paragraph (a) of this subdivision. 10 § 51. Subdivision 1 of section 390.15 of the criminal procedure law, 11 as amended by chapter 264 of the laws of 2003, is amended to read as 12 follows: 13 1. (a) In any case where the defendant is convicted of a felony 14 offense enumerated in any section of article one hundred thirty of the 15 penal law, or any subdivision of section 130.20 of such law, where an 16 act of "[sexual intercourse] vaginal sexual contact", "oral sexual 17 [conduct] contact" or "anal sexual [conduct] contact," as those terms 18 are defined in section 130.00 of the penal law, is required as an essen- 19 tial element for the commission thereof, the court must, upon a request 20 of the victim, order that the defendant submit to human immunodeficiency 21 (HIV) related testing. The testing is to be conducted by a state, coun- 22 ty, or local public health officer designated by the order. Test 23 results, which shall not be disclosed to the court, shall be communi- 24 cated to the defendant and the victim named in the order in accordance 25 with the provisions of section twenty-seven hundred eighty-five-a of the 26 public health law, but such results and disclosure need not be completed 27 prior to the imposition of sentence. 28 (b) For the purposes of this section, the terms "defendant", 29 "conviction" and "sentence" mean and include, respectively, an "eligible 30 youth," a "youthful offender finding" and a "youthful offender sentence" 31 as those terms are defined in section 720.10 of this chapter. The term 32 "victim" means the person with whom the defendant engaged in an act of 33 "[sexual intercourse] vaginal sexual contact", "oral sexual [conduct] 34 contact" or "anal sexual [conduct] contact", as those terms are defined 35 in section 130.00 of the penal law, where such conduct with such victim 36 was the basis for the defendant's conviction of an offense specified in 37 paragraph (a) of this subdivision. 38 § 52. Subdivision 1 of section 347.1 of the family court act, as 39 amended by chapter 264 of the laws of 2003, is amended to read as 40 follows: 41 1. (a) In any proceeding where the respondent is found pursuant to 42 section 345.1 or 346.1 of this article, to have committed a felony 43 offense enumerated in any section of article one hundred thirty of the 44 penal law, or any subdivision of section 130.20 of such law, for which 45 an act of "[sexual intercourse] vaginal sexual contact", "oral sexual 46 [conduct] contact" or "anal sexual [conduct] contact", as those terms 47 are defined in section 130.00 of the penal law, is required as an essen- 48 tial element for the commission thereof, the court must, upon a request 49 of the victim, order that the respondent submit to human immunodeficien- 50 cy (HIV) related testing. The testing is to be conducted by a state, 51 county, or local public health officer designated by the order. Test 52 results, which shall not be disclosed to the court, shall be communi- 53 cated to the respondent and the victim named in the order in accordance 54 with the provisions of section twenty-seven hundred eighty-five-a of the 55 public health law.A. 4249 25 1 (b) For the purposes of this section, the term "victim" means the 2 person with whom the respondent engaged in an act of "[sexual inter-3course] vaginal sexual contact", "oral sexual [conduct] contact" or 4 "anal sexual [conduct] contact", as those terms are defined in section 5 130.00 of the penal law, where such conduct with such victim was the 6 basis for the court's finding that the respondent committed acts consti- 7 tuting one or more of the offenses specified in paragraph (a) of this 8 subdivision. 9 § 53. Subdivision (a) of section 130.16 of the penal law, as amended 10 by chapter 264 of the laws of 2003, is amended to read as follows: 11 (a) Establish that an attempt was made to engage the victim in [sexual12intercourse] vaginal sexual contact, oral sexual [conduct] contact, anal 13 sexual [conduct] contact, or sexual contact, as the case may be, at the 14 time of the occurrence; and 15 § 54. Subdivisions 1 and 2 of section 130.20 of the penal law, subdi- 16 vision 1 as amended by chapter 1 of the laws of 2000, subdivision 2 as 17 amended by chapter 264 of the laws of 2003, are amended to read as 18 follows: 19 1. He or she engages in [sexual intercourse] vaginal sexual contact 20 with another person without such person's consent; or 21 2. He or she engages in oral sexual [conduct] contact or anal sexual 22 [conduct] contact with another person without such person's consent; or 23 § 55. Paragraphs (a) and (b) of subdivision 1 of section 130.75 of the 24 penal law, as amended by chapter 264 of the laws of 2003, are amended to 25 read as follows: 26 (a) he or she engages in two or more acts of sexual conduct, which 27 includes at least one act of [sexual intercourse] vaginal sexual 28 contact, oral sexual [conduct] contact, anal sexual [conduct] contact or 29 aggravated sexual contact, with a child less than eleven years old; or 30 (b) he or she, being eighteen years old or more, engages in two or 31 more acts of sexual conduct, which include at least one act of [sexual32intercourse] vaginal sexual contact, oral sexual [conduct] contact, anal 33 sexual [conduct] contact or aggravated sexual contact, with a child less 34 than thirteen years old. 35 § 56. Subdivision 1 of section 235.00 of the penal law, as amended by 36 chapter 264 of the laws of 2003, is amended to read as follows: 37 1. "Obscene." Any material or performance is "obscene" if (a) the 38 average person, applying contemporary community standards, would find 39 that considered as a whole, its predominant appeal is to the prurient 40 interest in sex, and (b) it depicts or describes in a patently offensive 41 manner, actual or simulated: [sexual intercourse] vaginal sexual 42 contact, [criminal sexual act] oral sexual contact, anal sexual contact, 43 sexual bestiality, masturbation, sadism, masochism, excretion or lewd 44 exhibition of the genitals, and (c) considered as a whole, it lacks 45 serious literary, artistic, political, and scientific value. Predominant 46 appeal shall be judged with reference to ordinary adults unless it 47 appears from the character of the material or the circumstances of its 48 dissemination to be designed for children or other [specially] especial- 49 ly susceptible audience. 50 § 57. Subdivision 2 of section 235.22 of the penal law, as amended by 51 chapter 264 of the laws of 2003, is amended to read as follows: 52 2. by means of such communication he importunes, invites or induces a 53 minor to engage in [sexual intercourse] vaginal sexual contact, oral 54 sexual [conduct] contact or anal sexual [conduct] contact, or sexual 55 contact with him, or to engage in a sexual performance, obscene sexual 56 performance, or sexual conduct for his benefit.A. 4249 26 1 § 58. Section 255.25 of the penal law, as amended by chapter 320 of 2 the laws of 2006, is amended to read as follows: 3 § 255.25 Incest in the third degree. 4 A person is guilty of incest in the third degree when he or she 5 marries or engages in [sexual intercourse] vaginal sexual contact, oral 6 sexual [conduct] contact or anal sexual [conduct] contact with a person 7 whom he or she knows to be related to him or her, whether through 8 marriage or not, as an ancestor, descendant, brother or sister of either 9 the whole or the half blood, uncle, aunt, nephew or niece. 10 Incest in the third degree is a class E felony. 11 § 59. Subdivision 3 of section 263.00 of the penal law, as amended by 12 chapter 264 of the laws of 2003, is amended to read as follows: 13 3. "Sexual conduct" means actual or simulated [sexual intercourse] 14 vaginal sexual contact, oral sexual [conduct] contact, anal sexual 15 [conduct]contact, sexual bestiality, masturbation, sado-masochistic 16 abuse, or lewd exhibition of the genitals. 17 § 60. Subdivision 3 of section 60.42 of the criminal procedure law, as 18 amended by chapter 264 of the laws of 2003, is amended to read as 19 follows: 20 3. rebuts evidence introduced by the people of the victim's failure to 21 engage in [sexual intercourse] vaginal sexual contact, oral sexual 22 [conduct] contact, anal sexual [conduct] contact or sexual contact 23 during a given period of time; or 24 § 61. Subdivision 3 of section 344.4 of the family court act, as 25 amended by chapter 264 of the laws of 2003, is amended to read as 26 follows: 27 3. rebuts evidence introduced by the presentment agency of the 28 victim's failure to engage in [sexual intercourse] vaginal sexual 29 contact, oral sexual [conduct] contact, anal sexual [conduct] contact or 30 sexual contact during a given period of time; or 31 § 62. Subdivision 4 of section 170 of the domestic relations law, as 32 amended by chapter 264 of the laws of 2003, is amended to read as 33 follows: 34 (4) The commission of an act of adultery, provided that adultery for 35 the purposes of articles ten, eleven, and eleven-A of this chapter, is 36 hereby defined as the commission of an act of [sexual intercourse] vagi- 37 nal sexual contact, oral sexual [conduct] contact or anal sexual 38 [conduct] contact, voluntarily performed by the defendant, with a person 39 other than the plaintiff after the marriage of plaintiff and defendant. 40 Oral sexual [conduct] contact and anal sexual [conduct] contact include, 41 but are not limited to, sexual conduct as defined in subdivision two of 42 section 130.00 and subdivision three of section 130.20 of the penal law. 43 § 63. Subdivision 4 of section 200 of the domestic relations law, as 44 amended by chapter 264 of the laws of 2003, is amended to read as 45 follows: 46 4. The commission of an act of adultery by the defendant; except where 47 such offense is committed by the procurement or with the connivance of 48 the plaintiff or where there is voluntary cohabitation of the parties 49 with the knowledge of the offense or where action was not commenced 50 within five years after the discovery by the plaintiff of the offense 51 charged or where the plaintiff has also been guilty of adultery under 52 such circumstances that the defendant would have been entitled, if inno- 53 cent, to a divorce, provided that adultery for the purposes of this 54 subdivision is hereby defined as the commission of an act of [sexual55intercourse] vaginal sexual contact, oral sexual [conduct] contact or 56 anal sexual [conduct] contact, voluntarily performed by the defendant,A. 4249 27 1 with a person other than the plaintiff after the marriage of plaintiff 2 and defendant. Oral sexual [conduct] contact and anal sexual [conduct] 3 contact include, but are not limited to, sexual conduct as defined in 4 subdivision two of section 130.00 and subdivision three of section 5 130.20 of the penal law. 6 § 64. This act shall take effect on the ninetieth day after it shall 7 have become a law and shall apply to any offense on or after such effec- 8 tive date; provided, however, that section nine-a of this act shall take 9 effect on the same date and in the same manner as section 3, section 10 thirty-two-a of this act shall take effect on the same date and in the 11 same manner as section 28, and that section thirty-five-a of this act 12 shall take effect on the same date and in the same manner as section 35 13 of chapter 368 or the laws of 2015. As it pertains to the repealed 14 sections of law, nothing in this act shall affect a requirement to 15 register pursuant to article 6-C of the correction law; a lawfully 16 required disclosure of a conviction; any restriction or prohibition for 17 certain types of employment, housing, or government benefit; or any 18 other ongoing matter related to a conviction of the sections repealed in 19 this act.
