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2 REPEALED.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