Bill Text: NY S02938 | 2019-2020 | General Assembly | Amended
Bill Title: Relates to the offenses of rape in the first, second and third degrees.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CODES [S02938 Detail]
Download: New_York-2019-S02938-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 2938--B 2019-2020 Regular Sessions IN SENATE January 30, 2019 ___________ Introduced by Sen. MAYER -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the penal law, the criminal procedure law, the correction law, the social services law, the vehicle and traffic law, the family court act, the civil rights law, the civil practice law and rules, the agriculture and markets law, the judiciary law and the domestic relations law, in relation to sex offenses; and to repeal certain provisions of the penal law relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Sections 130.40, 130.45 and 130.50 of the penal law are 2 REPEALED. 3 § 2. Subdivisions 1 and 2 of section 130.00 of the penal law, subdivi- 4 sion 2 as amended by chapter 264 of the laws of 2003, are amended to 5 read as follows: 6 1. "[Sexual intercourse] Vaginal sexual contact" [has its ordinary7meaning and occurs upon any penetration, however slight] means conduct 8 between persons consisting of contact between the penis and the vagina 9 or vulva. 10 2. (a) "Oral sexual [conduct] contact" means conduct between persons 11 consisting of contact between the mouth and the penis, the mouth and the 12 anus, or the mouth and the vulva or vagina. 13 (b) "Anal sexual [conduct] contact" means conduct between persons 14 consisting of contact between the penis and anus. 15 § 3. Section 130.25 of the penal law, as amended by chapter 1 of the 16 laws of 2000, is amended to read as follows: 17 § 130.25 Rape in the third degree. 18 A person is guilty of rape in the third degree when: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01481-07-9S. 2938--B 2 1 1. He or she engages in [sexual intercourse] vaginal sexual contact 2 with another person who is incapable of consent by reason of some factor 3 other than being less than seventeen years old; 4 2. He or she engages in oral sexual contact with another person who is 5 incapable of consent by reason of some factor other than being less than 6 seventeen years old; 7 3. He or she engages in anal sexual contact with another person who is 8 incapable of consent by reason of some other factor other than being 9 less than seventeen years old; 10 4. Being twenty-one years old or more, he or she engages in [sexual11intercourse] vaginal sexual contact with another person less than seven- 12 teen years old; [or133.] 5. Being twenty-one years old or more, he or she engages in oral 14 sexual contact with another person less than seventeen years old; 15 6. Being twenty-one years old or more, he or she engages in anal sexu- 16 al contact with another person less than seventeen years old; 17 7. He or she engages in [sexual intercourse] vaginal sexual contact 18 with another person without such person's consent where such lack of 19 consent is by reason of some factor other than incapacity to consent[.]; 20 8. He or she engages in oral sexual contact with another person with- 21 out such person's consent where such lack of consent is by reason of 22 some factor other than incapacity to consent; or 23 9. He or she engages in anal sexual contact with another person with- 24 out such person's consent where such lack of consent is by reason of 25 some factor other than the incapacity to consent. 26 Rape in the third degree is a class E felony. 27 § 4. Section 130.30 of the penal law, as amended by chapter 1 of the 28 laws of 2000, is amended to read as follows: 29 § 130.30 Rape in the second degree. 30 A person is guilty of rape in the second degree when: 31 1. being eighteen years old or more, he or she engages in [sexual32intercourse] vaginal sexual contact with another person less than 33 fifteen years old; [or] 34 2. being eighteen years old or more, he or she engages in oral sexual 35 contact with another person less than fifteen years old; 36 3. being eighteen years old or more, he or she engages in anal sexual 37 contact with another person less than fifteen years old; 38 4. he or she engages in [sexual intercourse] vaginal sexual contact 39 with another person who is incapable of consent by reason of being 40 mentally disabled or mentally incapacitated[.]; 41 5. he or she engages in oral sexual contact with another person who is 42 incapable of consent by reason of being mentally disabled or mentally 43 incapacitated; or 44 6. he or she engages in anal sexual contact with another person who is 45 incapable of consent by reason of being mentally disabled or mentally 46 incapacitated. 47 It shall be an affirmative defense to the crime of rape in the second 48 degree as defined in [subdivision] subdivisions one, two and three of 49 this section that the defendant was less than four years older than the 50 victim at the time of the act. 51 Rape in the second degree is a class D felony. 52 § 5. Section 130.35 of the penal law, as amended by chapter 1 of the 53 laws of 2000, is amended to read as follows: 54 § 130.35 Rape in the first degree. 55 A person is guilty of rape in the first degree when:S. 2938--B 3 1 1. he or she engages in [sexual intercourse] vaginal sexual contact 2 with another person: 3 [1.] (a) By forcible compulsion; or 4 [2.] (b) Who is incapable of consent by reason of being physically 5 helpless; or 6 [3.] (c) Who is less than eleven years old; or 7 [4.] (d) Who is less than thirteen years old and the actor is eighteen 8 years old or more[.]; 9 2. he or she engages in oral sexual contact with another person: 10 (a) By forcible compulsion; or 11 (b) Who is incapable of consent by reason of being physically help- 12 less; or 13 (c) Who is less than eleven years old; or 14 (d) Who is less than thirteen years old and the actor is eighteen 15 years old or more; or 16 3. he or she engages in anal sexual contact with another person: 17 (a) by forcible compulsion; or 18 (b) who is incapable of consent by reason of being physically help- 19 less; or 20 (c) who is less than eleven years old; or 21 (d) who is less than thirteen years old and the actor is eighteen 22 years old or more. 23 Rape in the first degree is a class B felony. 24 § 6. Paragraph 2 of subdivision 18 of section 10.00 of the penal law, 25 as amended by chapter 7 of the laws of 2007, is amended to read as 26 follows: 27 (2) a person fourteen or fifteen years old who is criminally responsi- 28 ble for acts constituting the crimes defined in subdivisions one and two 29 of section 125.25 (murder in the second degree) and in subdivision three 30 of such section provided that the underlying crime for the murder charge 31 is one for which such person is criminally responsible; section 135.25 32 (kidnapping in the first degree); 150.20 (arson in the first degree); 33 subdivisions one and two of section 120.10 (assault in the first 34 degree); 125.20 (manslaughter in the first degree); [subdivisions one35and] paragraphs (a) and (b) of subdivision one, paragraphs (a) and (b) 36 of subdivision two, and paragraphs (a) and (b) of subdivision three of 37 section 130.35 (rape in the first degree); [subdivisions one and two of38section 130.50 (criminal sexual act in the first degree);] 130.70 39 (aggravated sexual abuse in the first degree); 140.30 (burglary in the 40 first degree); subdivision one of section 140.25 (burglary in the second 41 degree); 150.15 (arson in the second degree); 160.15 (robbery in the 42 first degree); subdivision two of section 160.10 (robbery in the second 43 degree) of this chapter; or section 265.03 of this chapter, where such 44 machine gun or such firearm is possessed on school grounds, as that 45 phrase is defined in subdivision fourteen of section 220.00 of this 46 chapter; or defined in this chapter as an attempt to commit murder in 47 the second degree or kidnapping in the first degree, or such conduct as 48 a sexually motivated felony, where authorized pursuant to section 130.91 49 of [the penal law] this chapter. 50 § 7. Subdivision 2 of section 30.00 of the penal law, as amended by 51 section 38 of part WWW of chapter 59 of the laws of 2017, is amended to 52 read as follows: 53 2. A person thirteen, fourteen or, fifteen years of age is criminally 54 responsible for acts constituting murder in the second degree as defined 55 in subdivisions one and two of section 125.25 and in subdivision three 56 of such section provided that the underlying crime for the murder chargeS. 2938--B 4 1 is one for which such person is criminally responsible or for such 2 conduct as a sexually motivated felony, where authorized pursuant to 3 section 130.91 of this chapter; and a person fourteen or, fifteen years 4 of age is criminally responsible for acts constituting the crimes 5 defined in section 135.25 (kidnapping in the first degree); 150.20 6 (arson in the first degree); subdivisions one and two of section 120.10 7 (assault in the first degree); 125.20 (manslaughter in the first 8 degree); [subdivisions one and] paragraphs (a) and (b) of subdivision 9 one, paragraphs (a) and (b) of subdivision two and paragraphs (a) and 10 (b) of subdivision three of section 130.35 (rape in the first degree); 11 subdivisions one and two of section 130.50 (criminal sexual act in the 12 first degree); 130.70 (aggravated sexual abuse in the first degree); 13 140.30 (burglary in the first degree); subdivision one of section 140.25 14 (burglary in the second degree); 150.15 (arson in the second degree); 15 160.15 (robbery in the first degree); subdivision two of section 160.10 16 (robbery in the second degree) of this chapter; or section 265.03 of 17 this chapter, where such machine gun or such firearm is possessed on 18 school grounds, as that phrase is defined in subdivision fourteen of 19 section 220.00 of this chapter; or defined in this chapter as an attempt 20 to commit murder in the second degree or kidnapping in the first degree, 21 or for such conduct as a sexually motivated felony, where authorized 22 pursuant to section 130.91 of this chapter. 23 § 8. Paragraph (b) of subdivision 2 of section 35.15 of the penal law, 24 as amended by chapter 511 of the laws of 2004, is amended to read as 25 follows: 26 (b) He or she reasonably believes that such other person is committing 27 or attempting to commit a kidnapping, forcible rape, [forcible criminal28sexual act] forcible aggravated sexual abuse, or robbery; or 29 § 9. Paragraphs (a) and (c) of subdivision 1 of section 70.02 of the 30 penal law, paragraph (a) as amended by chapter 189 of the laws 2018 and 31 paragraph (c) as amended by chapter 368 of the laws of 2015, are amended 32 to read as follows: 33 (a) Class B violent felony offenses: an attempt to commit the class 34 A-I felonies of murder in the second degree as defined in section 35 125.25, kidnapping in the first degree as defined in section 135.25, and 36 arson in the first degree as defined in section 150.20; manslaughter in 37 the first degree as defined in section 125.20, aggravated manslaughter 38 in the first degree as defined in section 125.22, rape in the first 39 degree as defined in section 130.35, [criminal sexual act in the first40degree as defined in section 130.50,] aggravated sexual abuse in the 41 first degree as defined in section 130.70, course of sexual conduct 42 against a child in the first degree as defined in section 130.75; 43 assault in the first degree as defined in section 120.10, kidnapping in 44 the second degree as defined in section 135.20, burglary in the first 45 degree as defined in section 140.30, arson in the second degree as 46 defined in section 150.15, robbery in the first degree as defined in 47 section 160.15, sex trafficking as defined in paragraphs (a) and (b) of 48 subdivision five of section 230.34, sex trafficking of a child as 49 defined in section 230.34-a, incest in the first degree as defined in 50 section 255.27, criminal possession of a weapon in the first degree as 51 defined in section 265.04, criminal use of a firearm in the first degree 52 as defined in section 265.09, criminal sale of a firearm in the first 53 degree as defined in section 265.13, aggravated assault upon a police 54 officer or a peace officer as defined in section 120.11, gang assault in 55 the first degree as defined in section 120.07, intimidating a victim or 56 witness in the first degree as defined in section 215.17, hinderingS. 2938--B 5 1 prosecution of terrorism in the first degree as defined in section 2 490.35, criminal possession of a chemical weapon or biological weapon in 3 the second degree as defined in section 490.40, and criminal use of a 4 chemical weapon or biological weapon in the third degree as defined in 5 section 490.47. 6 (c) Class D violent felony offenses: an attempt to commit any of the 7 class C felonies set forth in paragraph (b); reckless assault of a child 8 as defined in section 120.02, assault in the second degree as defined in 9 section 120.05, menacing a police officer or peace officer as defined in 10 section 120.18, stalking in the first degree, as defined in subdivision 11 one of section 120.60, strangulation in the second degree as defined in 12 section 121.12, rape in the second degree as defined in section 130.30, 13 [criminal sexual act in the second degree as defined in section 130.45,] 14 sexual abuse in the first degree as defined in section 130.65, course of 15 sexual conduct against a child in the second degree as defined in 16 section 130.80, aggravated sexual abuse in the third degree as defined 17 in section 130.66, facilitating a sex offense with a controlled 18 substance as defined in section 130.90, labor trafficking as defined in 19 paragraphs (a) and (b) of subdivision three of section 135.35, criminal 20 possession of a weapon in the third degree as defined in subdivision 21 five, six, seven, eight, nine or ten of section 265.02, criminal sale of 22 a firearm in the third degree as defined in section 265.11, intimidating 23 a victim or witness in the second degree as defined in section 215.16, 24 soliciting or providing support for an act of terrorism in the second 25 degree as defined in section 490.10, and making a terroristic threat as 26 defined in section 490.20, falsely reporting an incident in the first 27 degree as defined in section 240.60, placing a false bomb or hazardous 28 substance in the first degree as defined in section 240.62, placing a 29 false bomb or hazardous substance in a sports stadium or arena, mass 30 transportation facility or enclosed shopping mall as defined in section 31 240.63, and aggravated unpermitted use of indoor pyrotechnics in the 32 first degree as defined in section 405.18. 33 § 10. Paragraph b of subdivision 5 of section 120.40 of the penal law, 34 as amended by chapter 320 of the laws of 2006, is amended to read as 35 follows: 36 b. a crime defined in section 130.20, 130.25, 130.30, [130.40,37130.45,] 130.55, 130.60, 130.70, 255.25, 255.26 or 255.27; 38 § 11. Paragraph (d) of subdivision 2 and paragraph (h) of subdivision 39 3 of section 130.05 of the penal law, paragraph (d) of subdivision 2 as 40 amended by chapter 40 of the laws of 2004 and paragraph (h) of subdivi- 41 sion 3 as amended by section 2 of part G of chapter 501 of the laws of 42 2012, are amended to read as follows: 43 (d) Where the offense charged is rape in the third degree as defined 44 in [subdivision three] subdivision seven, eight or nine of section 45 130.25, [or criminal sexual act in the third degree as defined in subdi-46vision three of section 130.40,] in addition to forcible vaginal sexual 47 contact compulsion, circumstances under which, at the time of the act of 48 intercourse, oral sexual [conduct] contact or anal sexual [conduct] 49 contact, the victim clearly expressed that he or she did not consent to 50 engage in such act, and a reasonable person in the actor's situation 51 would have understood such person's words and acts as an expression of 52 lack of consent to such act under all the circumstances. 53 (h) a client or patient and the actor is a health care provider or 54 mental health care provider charged with rape in the third degree as 55 defined in section 130.25, [criminal sexual act in the third degree as56defined in section 130.40,] aggravated sexual abuse in the fourth degreeS. 2938--B 6 1 as defined in section 130.65-a, or sexual abuse in the third degree as 2 defined in section 130.55, and the act of sexual conduct occurs during a 3 treatment session, consultation, interview, or examination; or 4 § 12. The opening paragraph of subdivision 3 of section 125.25 of the 5 penal law, as amended by chapter 264 of the laws of 2003, is amended to 6 read as follows: 7 Acting either alone or with one or more other persons, he commits or 8 attempts to commit robbery, burglary, kidnapping, arson, rape in the 9 first degree, [criminal sexual act in the first degree,] sexual abuse in 10 the first degree, aggravated sexual abuse, escape in the first degree, 11 or escape in the second degree, and, in the course of and in furtherance 12 of such crime or of immediate flight therefrom, he, or another partic- 13 ipant, if there be any, causes the death of a person other than one of 14 the participants; except that in any prosecution under this subdivision, 15 in which the defendant was not the only participant in the underlying 16 crime, it is an affirmative defense that the defendant: 17 § 13. Subdivision 5 of section 125.25 of the penal law, as amended by 18 chapter 320 of the laws of 2006, is amended to read as follows: 19 5. Being eighteen years old or more, while in the course of committing 20 rape in the first, second or third degree, [criminal sexual act in the21first, second or third degree,] sexual abuse in the first degree, aggra- 22 vated sexual abuse in the first, second, third or fourth degree, or 23 incest in the first, second or third degree, against a person less than 24 fourteen years old, he or she intentionally causes the death of such 25 person. 26 § 14. Subparagraph (vii) of paragraph (a) of subdivision 1 of section 27 125.27 of the penal law, as amended by chapter 264 of the laws of 2003, 28 is amended to read as follows: 29 (vii) the victim was killed while the defendant was in the course of 30 committing or attempting to commit and in furtherance of robbery, 31 burglary in the first degree or second degree, kidnapping in the first 32 degree, arson in the first degree or second degree, rape in the first 33 degree, [criminal sexual act in the first degree,] sexual abuse in the 34 first degree, aggravated sexual abuse in the first degree or escape in 35 the first degree, or in the course of and furtherance of immediate 36 flight after committing or attempting to commit any such crime or in the 37 course of and furtherance of immediate flight after attempting to commit 38 the crime of murder in the second degree; provided however, the victim 39 is not a participant in one of the aforementioned crimes and, provided 40 further that, unless the defendant's criminal liability under this 41 subparagraph is based upon the defendant having commanded another person 42 to cause the death of the victim or intended victim pursuant to section 43 20.00 of this chapter, this subparagraph shall not apply where the 44 defendant's criminal liability is based upon the conduct of another 45 pursuant to section 20.00 of this chapter; or 46 § 15. Subdivision 3 of section 130.10 of the penal law, as amended by 47 chapter 264 of the laws of 2003, is amended to read as follows: 48 3. In any prosecution for the crime of rape in the third degree as 49 defined in section 130.25, [criminal sexual act in the third degree as50defined in section 130.40,] aggravated sexual abuse in the fourth degree 51 as defined in section 130.65-a, or sexual abuse in the third degree as 52 defined in section 130.55 in which incapacity to consent is based on the 53 circumstances set forth in paragraph (h) of subdivision three of section 54 130.05 of this article it shall be an affirmative defense that the 55 client or patient consented to such conduct charged after having beenS. 2938--B 7 1 expressly advised by the health care or mental health care provider that 2 such conduct was not performed for a valid medical purpose. 3 § 16. The opening paragraph and subdivision 2 of section 130.95 of the 4 penal law, as added by chapter 107 of the laws of 2006, are amended to 5 read as follows: 6 A person is guilty of predatory sexual assault when he or she commits 7 the crime of rape in the first degree, [criminal sexual act in the first8degree,] aggravated sexual abuse in the first degree, or course of sexu- 9 al conduct against a child in the first degree, as defined in this arti- 10 cle, and when: 11 2. He or she has engaged in conduct constituting the crime of rape in 12 the first degree, [criminal sexual act in the first degree,] aggravated 13 sexual abuse in the first degree, or course of sexual conduct against a 14 child in the first degree, as defined in this article, against one or 15 more additional persons; or 16 § 17. The opening paragraph of section 130.96 of the penal law, as 17 added by chapter 107 of the laws of 2006, is amended to read as follows: 18 A person is guilty of predatory sexual assault against a child when, 19 being eighteen years old or more, he or she commits the crime of rape in 20 the first degree, [criminal sexual act in the first degree,] aggravated 21 sexual abuse in the first degree, or course of sexual conduct against a 22 child in the first degree, as defined in this article, and the victim is 23 less than thirteen years old. 24 § 18. Subdivision 2 of section 240.75 of the penal law, as amended by 25 section 8 of part NN of chapter 55 of the laws of 2018, is amended to 26 read as follows: 27 2. A "specified offense" is an offense defined in section 120.00 28 (assault in the third degree); section 120.05 (assault in the second 29 degree); section 120.10 (assault in the first degree); section 120.13 30 (menacing in the first degree); section 120.14 (menacing in the second 31 degree); section 120.15 (menacing in the third degree); section 120.20 32 (reckless endangerment in the second degree); section 120.25 (reckless 33 endangerment in the first degree); section 120.45 (stalking in the 34 fourth degree); section 120.50 (stalking in the third degree); section 35 120.55 (stalking in the second degree); section 120.60 (stalking in the 36 first degree); section 121.11 (criminal obstruction of breathing or 37 blood circulation); section 121.12 (strangulation in the second degree); 38 section 121.13 (strangulation in the first degree); subdivision one of 39 section 125.15 (manslaughter in the second degree); subdivision one, two 40 or four of section 125.20 (manslaughter in the first degree); section 41 125.25 (murder in the second degree); section 130.20 (sexual miscon- 42 duct); section 130.25 (rape in the third degree); section 130.30 (rape 43 in the second degree); section 130.35 (rape in the first degree); 44 section 130.40 (criminal sexual act in the third degree); section 130.45 45 (criminal sexual act in the second degree); section 130.50 (criminal 46 sexual act in the first degree); section 130.52 (forcible touching); 47 section 130.53 (persistent sexual abuse); section 130.55 (sexual abuse 48 in the third degree); section 130.60 (sexual abuse in the second 49 degree); section 130.65 (sexual abuse in the first degree); section 50 130.66 (aggravated sexual abuse in the third degree); section 130.67 51 (aggravated sexual abuse in the second degree); section 130.70 (aggra- 52 vated sexual abuse in the first degree); section 130.91 (sexually moti- 53 vated felony); section 130.95 (predatory sexual assault); section 130.96 54 (predatory sexual assault against a child); section 135.05 (unlawful 55 imprisonment in the second degree); section 135.10 (unlawful imprison- 56 ment in the first degree); section 135.60 (coercion in the thirdS. 2938--B 8 1 degree); section 135.61 (coercion in the second degree); section 135.65 2 (coercion in the first degree); section 140.20 (burglary in the third 3 degree); section 140.25 (burglary in the second degree); section 140.30 4 (burglary in the first degree); section 145.00 (criminal mischief in the 5 fourth degree); section 145.05 (criminal mischief in the third degree); 6 section 145.10 (criminal mischief in the second degree); section 145.12 7 (criminal mischief in the first degree); section 145.14 (criminal 8 tampering in the third degree); section 215.50 (criminal contempt in the 9 second degree); section 215.51 (criminal contempt in the first degree); 10 section 215.52 (aggravated criminal contempt); section 240.25 (harass- 11 ment in the first degree); subdivision one, two or four of section 12 240.30 (aggravated harassment in the second degree); aggravated family 13 offense as defined in this section or any attempt or conspiracy to 14 commit any of the foregoing offenses where the defendant and the person 15 against whom the offense was committed were members of the same family 16 or household as defined in subdivision one of section 530.11 of the 17 criminal procedure law. 18 § 19. Section 255.26 of the penal law, as added by chapter 320 of the 19 laws of 2006, is amended to read as follows: 20 § 255.26 Incest in the second degree. 21 A person is guilty of incest in the second degree when he or she 22 commits the crime of rape in the second degree, as defined in section 23 130.30 of this part, [or criminal sexual act in the second degree, as24defined in section 130.45 of this part,] against a person whom he or she 25 knows to be related to him or her, whether through marriage or not, as 26 an ancestor, descendant, brother or sister of either the whole or the 27 half blood, uncle, aunt, nephew or niece. 28 Incest in the second degree is a class D felony. 29 § 20. Section 255.27 of the penal law, as added by chapter 320 of the 30 laws of 2006, is amended to read as follows: 31 § 255.27 Incest in the first degree. 32 A person is guilty of incest in the first degree when he or she 33 commits the crime of rape in the first degree, as defined in paragraph 34 (c) or (d) of subdivision [three or four] one, paragraph (c) or (d) of 35 subdivision two or paragraph (c) or (d) of subdivision three of section 36 130.35 of this part[, or criminal sexual act in the first degree, as37defined in subdivision three or four of section 130.50 of this part,] 38 against a person whom he or she knows to be related to him or her, 39 whether through marriage or not, as an ancestor, descendant, brother or 40 sister of either the whole or half blood, uncle, aunt, nephew or niece. 41 Incest in the first degree is a class B felony. 42 § 21. Subdivision 3 of section 485.05 of the penal law, as amended by 43 section 9 of part NN of chapter 55 of the laws of 2018, is amended to 44 read as follows: 45 3. A "specified offense" is an offense defined by any of the following 46 provisions of this chapter: section 120.00 (assault in the third 47 degree); section 120.05 (assault in the second degree); section 120.10 48 (assault in the first degree); section 120.12 (aggravated assault upon a 49 person less than eleven years old); section 120.13 (menacing in the 50 first degree); section 120.14 (menacing in the second degree); section 51 120.15 (menacing in the third degree); section 120.20 (reckless endan- 52 germent in the second degree); section 120.25 (reckless endangerment in 53 the first degree); section 121.12 (strangulation in the second degree); 54 section 121.13 (strangulation in the first degree); subdivision one of 55 section 125.15 (manslaughter in the second degree); subdivision one, two 56 or four of section 125.20 (manslaughter in the first degree); sectionS. 2938--B 9 1 125.25 (murder in the second degree); section 120.45 (stalking in the 2 fourth degree); section 120.50 (stalking in the third degree); section 3 120.55 (stalking in the second degree); section 120.60 (stalking in the 4 first degree); paragraph (a) of subdivision one, paragraph (a) of subdi- 5 vision two and paragraph (a) of subdivision three of section 130.35 6 (rape in the first degree); subdivision one of section 130.50 (criminal 7 sexual act in the first degree); subdivision one of section 130.65 8 (sexual abuse in the first degree); paragraph (a) of subdivision one of 9 section 130.67 (aggravated sexual abuse in the second degree); paragraph 10 (a) of subdivision one of section 130.70 (aggravated sexual abuse in the 11 first degree); section 135.05 (unlawful imprisonment in the second 12 degree); section 135.10 (unlawful imprisonment in the first degree); 13 section 135.20 (kidnapping in the second degree); section 135.25 14 (kidnapping in the first degree); section 135.60 (coercion in the third 15 degree); section 135.61 (coercion in the second degree); section 135.65 16 (coercion in the first degree); section 140.10 (criminal trespass in the 17 third degree); section 140.15 (criminal trespass in the second degree); 18 section 140.17 (criminal trespass in the first degree); section 140.20 19 (burglary in the third degree); section 140.25 (burglary in the second 20 degree); section 140.30 (burglary in the first degree); section 145.00 21 (criminal mischief in the fourth degree); section 145.05 (criminal 22 mischief in the third degree); section 145.10 (criminal mischief in the 23 second degree); section 145.12 (criminal mischief in the first degree); 24 section 150.05 (arson in the fourth degree); section 150.10 (arson in 25 the third degree); section 150.15 (arson in the second degree); section 26 150.20 (arson in the first degree); section 155.25 (petit larceny); 27 section 155.30 (grand larceny in the fourth degree); section 155.35 28 (grand larceny in the third degree); section 155.40 (grand larceny in 29 the second degree); section 155.42 (grand larceny in the first degree); 30 section 160.05 (robbery in the third degree); section 160.10 (robbery in 31 the second degree); section 160.15 (robbery in the first degree); 32 section 240.25 (harassment in the first degree); subdivision one, two or 33 four of section 240.30 (aggravated harassment in the second degree); or 34 any attempt or conspiracy to commit any of the foregoing offenses. 35 § 22. Subdivision 42 of section 1.20 of the criminal procedure law, as 36 amended by chapter 7 of the laws of 2007, is amended to read as follows: 37 42. "Juvenile offender" means (1) a person, thirteen years old who is 38 criminally responsible for acts constituting murder in the second degree 39 as defined in subdivisions one and two of section 125.25 of the penal 40 law, or such conduct as a sexually motivated felony, where authorized 41 pursuant to section 130.91 of the penal law; and (2) a person fourteen 42 or fifteen years old who is criminally responsible for acts constituting 43 the crimes defined in subdivisions one and two of section 125.25 (murder 44 in the second degree) and in subdivision three of such section provided 45 that the underlying crime for the murder charge is one for which such 46 person is criminally responsible; section 135.25 (kidnapping in the 47 first degree); 150.20 (arson in the first degree); subdivisions one and 48 two of section 120.10 (assault in the first degree); 125.20 (manslaught- 49 er in the first degree); [subdivisions one and] paragraphs (a) and (b) 50 of subdivision one, paragraphs (a) and (b) of subdivision two and para- 51 graphs (a) and (b) of subdivision three of section 130.35 (rape in the 52 first degree); [subdivisions one and two of section 130.50 (criminal53sexual act in the first degree);] 130.70 (aggravated sexual abuse in the 54 first degree); 140.30 (burglary in the first degree); subdivision one of 55 section 140.25 (burglary in the second degree); 150.15 (arson in the 56 second degree); 160.15 (robbery in the first degree); subdivision two ofS. 2938--B 10 1 section 160.10 (robbery in the second degree) of the penal law; or 2 section 265.03 of the penal law, where such machine gun or such firearm 3 is possessed on school grounds, as that phrase is defined in subdivision 4 fourteen of section 220.00 of the penal law; or defined in the penal law 5 as an attempt to commit murder in the second degree or kidnapping in the 6 first degree, or such conduct as a sexually motivated felony, where 7 authorized pursuant to section 130.91 of the penal law. 8 § 23. Paragraphs (a) and (b) of subdivision 1, the opening paragraph 9 of subdivision 2 and paragraph (a) of subdivision 3 of section 140.20 of 10 the criminal procedure law, paragraphs (a) and (b) of subdivision 1 as 11 amended by chapter 324 of the laws of 1988, the opening paragraph of 12 subdivision 2 and paragraph (a) of subdivision 3 as amended by chapter 13 550 of the laws of 1987, are amended to read as follows: 14 (a) If the arrest is for an offense other than a class A, B, C or D 15 felony or a violation of section 130.25, [130.40,] 205.10, 205.17, 16 205.19 or 215.56 of the penal law committed in a town, but not in a 17 village thereof having a village court, and the town court of such town 18 is not available at the time, the arrested person may be brought before 19 the local criminal court of any village within such town or, any adjoin- 20 ing town, village embraced in whole or in part by such adjoining town, 21 or city of the same county; and 22 (b) If the arrest is for an offense other than a class A, B, C or D 23 felony or a violation of section 130.25, [130.40,] 205.10, 205.17, 24 205.19 or 215.56 of the penal law committed in a village having a 25 village court and such court is not available at the time, the arrested 26 person may be brought before the town court of the town embracing such 27 village or any other village court within such town, or, if such town or 28 village court is not available either, before the local criminal court 29 of any adjoining town, village embraced in whole or in part by such 30 adjoining town, or city of the same county; and 31 If the arrest is for an offense other than a class A, B, C or D felony 32 or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or 33 215.56 of the penal law, the arrested person need not be brought before 34 a local criminal court as provided in subdivision one, and the procedure 35 may instead be as follows: 36 (a) the arrest is for an offense other than a class A, B, C or D felo- 37 ny or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or 38 215.56 of the penal law, and 39 § 24. Paragraph (a) of subdivision 3 and the opening paragraph of 40 subdivision 4 of section 140.27 of the criminal procedure law, as 41 amended by chapter 550 of the laws of 1987, are amended to read as 42 follows: 43 (a) the arrest is for an offense other than a class A, B, C or D felo- 44 ny or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or 45 215.56 of the penal law and 46 If the arrest is for an offense other than a class A, B, C or D felony 47 or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or 48 215.56 of the penal law, the arrested person need not be brought before 49 a local criminal court as provided in subdivision two, and the procedure 50 may instead be as follows: 51 § 25. Paragraph (a) of subdivision 2 and the opening paragraph of 52 subdivision 3 of section 140.40 of the criminal procedure law, as 53 amended by chapter 550 of the laws of 1987, are amended to read as 54 follows:S. 2938--B 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. Subdivisions 2 and 3 of section 150.20 of the criminal procedure 10 law, as amended by chapter 550 of the laws of 1987, are amended to read 11 as follows: 12 2. (a) Whenever a police officer has arrested a person without a 13 warrant for an offense other than a class A, B, C or D felony or a 14 violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or 215.56 15 of the penal law pursuant to section 140.10, or (b) whenever a peace 16 officer, who is not authorized by law to issue an appearance ticket, has 17 arrested a person for an offense other than a class A, B, C or D felony 18 or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or 19 215.56 of the penal law pursuant to section 140.25, and has requested a 20 police officer to issue and serve upon such arrested person an appear- 21 ance ticket pursuant to subdivision four of section 140.27, or (c) when- 22 ever a person has been arrested for an offense other than a class A, B, 23 C or D felony or a violation of section 130.25, [130.40,] 205.10, 24 205.17, 205.19 or 215.56 of the penal law and has been delivered to the 25 custody of an appropriate police officer pursuant to section 140.40, 26 such police officer may, instead of bringing such person before a local 27 criminal court and promptly filing or causing the arresting peace offi- 28 cer or arresting person to file a local criminal court accusatory 29 instrument therewith, issue to and serve upon such person an appearance 30 ticket. The issuance and service of an appearance ticket under such 31 circumstances may be conditioned upon a deposit of pre-arraignment bail, 32 as provided in section 150.30. 33 3. A public servant other than a police officer, who is specially 34 authorized by state law or local law enacted pursuant to the provisions 35 of the municipal home rule law to issue and serve appearance tickets 36 with respect to designated offenses other than class A, B, C or D felo- 37 nies or violations of section 130.25, [130.40,] 205.10, 205.17, 205.19 38 or 215.56 of the penal law, may in such cases issue and serve upon a 39 person an appearance ticket when he has reasonable cause to believe that 40 such person has committed a crime, or has committed a petty offense in 41 his presence. 42 § 26-a. Paragraph (a) of subdivision 1 of section 150.20 of the crimi- 43 nal procedure law, as amended by section 1-a of part JJJ of chapter 59 44 of the laws of 2019, is amended to read as follows: 45 (a) Whenever a police officer is authorized pursuant to section 140.10 46 of this title to arrest a person without a warrant for an offense other 47 than a class A, B, C or D felony or a violation of section 130.25, 48 [130.40,] 205.10, 205.17, 205.19 or 215.56 of the penal law, he shall, 49 except as set out in paragraph (b) of this subdivision, subject to the 50 provisions of subdivisions three and four of section 150.40 of this 51 title, instead issue to and serve upon such person an appearance ticket. 52 § 27. Subdivision (a) of section 190.71 of the criminal procedure law, 53 as amended by chapter 7 of the laws of 2007, is amended to read as 54 follows: 55 (a) Except as provided in subdivision six of section 200.20 of this 56 chapter, a grand jury may not indict (i) a person thirteen years of ageS. 2938--B 12 1 for any conduct or crime other than conduct constituting a crime defined 2 in subdivisions one and two of section 125.25 (murder in the second 3 degree) or such conduct as a sexually motivated felony, where authorized 4 pursuant to section 130.91 of the penal law; (ii) a person fourteen or 5 fifteen years of age for any conduct or crime other than conduct consti- 6 tuting a crime defined in subdivisions one and two of section 125.25 7 (murder in the second degree) and in subdivision three of such section 8 provided that the underlying crime for the murder charge is one for 9 which such person is criminally responsible; 135.25 (kidnapping in the 10 first degree); 150.20 (arson in the first degree); subdivisions one and 11 two of section 120.10 (assault in the first degree); 125.20 (manslaught- 12 er in the first degree); [subdivisions one and] paragraphs (a) and (b) 13 of subdivision one, paragraphs (a) and (b) of subdivision two and para- 14 graphs (a) and (b) of subdivision three of section 130.35 (rape in the 15 first degree); [subdivisions one and two of section 130.50 (criminal16sexual act in the first degree);] 130.70 (aggravated sexual abuse in the 17 first degree); 140.30 (burglary in the first degree); subdivision one of 18 section 140.25 (burglary in the second degree); 150.15 (arson in the 19 second degree); 160.15 (robbery in the first degree); subdivision two of 20 section 160.10 (robbery in the second degree) of the penal law; [subdi-21vision four of section 265.02 of the penal law, where such firearm is22possessed on school grounds, as that phrase is defined in subdivision23fourteen of section 220.00 of the penal law;] or section 265.03 of the 24 penal law, where such machine gun or such firearm is possessed on school 25 grounds, as that phrase is defined in subdivision fourteen of section 26 220.00 of the penal law; or defined in the penal law as an attempt to 27 commit murder in the second degree or kidnapping in the first degree, or 28 such conduct as a sexually motivated felony, where authorized pursuant 29 to section 130.91 of the penal law. 30 § 28. Subdivision 4 of section 722.20 of the criminal procedure law, 31 as added by section 1-a of part WWW of chapter 59 of the laws of 2017, 32 is amended to read as follows: 33 4. Notwithstanding the provisions of subdivisions two and three of 34 this section, the court shall, at the request of the district attorney, 35 order removal of an action against a juvenile offender to the family 36 court pursuant to the provisions of article seven hundred twenty-five of 37 this title if, upon consideration of the criteria specified in subdivi- 38 sion two of section 722.22 of this article, it is determined that to do 39 so would be in the interests of justice. Where, however, the felony 40 complaint charges the juvenile offender with murder in the second degree 41 as defined in section 125.25 of the penal law, rape in the first degree 42 as defined in paragraph (a) of subdivision one, paragraph (a) of subdi- 43 vision two and paragraph (a) of subdivision three of section 130.35 of 44 the penal law, [criminal sexual act in the first degree as defined in45subdivision one of section 130.50 of the penal law,] or an armed felony 46 as defined in paragraph (a) of subdivision forty-one of section 1.20 of 47 this chapter, a determination that such action be removed to the family 48 court shall, in addition, be based upon a finding of one or more of the 49 following factors: (i) mitigating circumstances that bear directly upon 50 the manner in which the crime was committed; or (ii) where the defendant 51 was not the sole participant in the crime, the defendant's participation 52 was relatively minor although not so minor as to constitute a defense to 53 the prosecution; or (iii) possible deficiencies in proof of the crime. 54 § 29. Subdivision 5 of section 722.21 of the criminal procedure law, 55 as added by section 1-a of part WWW of chapter 59 of the laws of 2017, 56 is amended to read as follows:S. 2938--B 13 1 5. Notwithstanding subdivisions two and three of this section, at the 2 request of the district attorney, the court shall order removal of an 3 action against an adolescent offender charged with an offense listed in 4 paragraph (a) of subdivision two of section 722.23 of this article, to 5 the family court pursuant to the provisions of article seven hundred 6 twenty-five of this title and upon consideration of the criteria speci- 7 fied in subdivision two of section 722.22 of this article, it is deter- 8 mined that to do so would be in the interests of justice. Where, howev- 9 er, the felony complaint charges the adolescent offender with murder in 10 the second degree as defined in section 125.25 of the penal law, rape in 11 the first degree as defined in paragraph (a) of subdivision one, para- 12 graph (a) of subdivision two and paragraph (a) of subdivision three of 13 section 130.35 of the penal law, [criminal sexual act in the first14degree as defined in subdivision one of section 130.50 of the penal15law,] or an armed felony as defined in paragraph (a) of subdivision 16 forty-one of section 1.20 of this chapter, a determination that such 17 action be removed to the family court shall, in addition, be based upon 18 a finding of one or more of the following factors: (i) mitigating 19 circumstances that bear directly upon the manner in which the crime was 20 committed; or (ii) where the defendant was not the sole participant in 21 the crime, the defendant's participation was relatively minor although 22 not so minor as to constitute a defense to the prosecution; or (iii) 23 possible deficiencies in proof of the crime. 24 § 30. Paragraph (b) of subdivision 1 of section 722.22 of the criminal 25 procedure law, as added by section 1-a of part WWW of chapter 59 of the 26 laws of 2017, is amended to read as follows: 27 (b) with the consent of the district attorney, order removal of an 28 action involving an indictment charging a juvenile offender with murder 29 in the second degree as defined in section 125.25 of the penal law; rape 30 in the first degree, as defined in paragraph (a) of subdivision one, 31 paragraph (a) of subdivision two and paragraph (a) of subdivision three 32 of section 130.35 of the penal law[; criminal sexual act in the first33degree, as defined in subdivision one of section 130.50 of the penal34law]; or an armed felony as defined in paragraph (a) of subdivision 35 forty-one of section 1.20 of this chapter, to the family court pursuant 36 to the provisions of article seven hundred twenty-five of this title if 37 the court finds one or more of the following factors: (i) mitigating 38 circumstances that bear directly upon the manner in which the crime was 39 committed; (ii) where the defendant was not the sole participant in the 40 crime, the defendant's participation was relatively minor although not 41 so minor as to constitute a defense to the prosecution; or (iii) possi- 42 ble deficiencies in the proof of the crime, and, after consideration of 43 the factors set forth in subdivision two of this section, the court 44 determined that removal of the action to the family court would be in 45 the interests of justice. 46 § 31. Subparagraph (iii) of paragraph (g) of subdivision 5 of section 47 220.10 of the criminal procedure law, as amended by chapter 264 of the 48 laws of 2003, is amended to read as follows: 49 (iii) Where the indictment does not charge a crime specified in 50 subparagraph (i) of this paragraph, the district attorney may recommend 51 removal of the action to the family court. Upon making such recommenda- 52 tion the district attorney shall submit a subscribed memorandum setting 53 forth: (1) a recommendation that the interests of justice would best be 54 served by removal of the action to the family court; and (2) if the 55 indictment charges a thirteen year old with the crime of murder in the 56 second degree, or a fourteen or fifteen year old with the crimes of rapeS. 2938--B 14 1 in the first degree as defined in paragraph (a) of subdivision one, 2 paragraph (a) of subdivision two and paragraph (a) of subdivision three 3 of section 130.35 of the penal law, [or criminal sexual act in the first4degree as defined in subdivision one of section 130.50 of the penal5law,] or an armed felony as defined in paragraph (a) of subdivision 6 forty-one of section 1.20 of this chapter specific factors, one or more 7 of which reasonably supports the recommendation, showing, (i) mitigating 8 circumstances that bear directly upon the manner in which the crime was 9 committed, or (ii) where the defendant was not the sole participant in 10 the crime, that the defendant's participation was relatively minor 11 although not so minor as to constitute a defense to the prosecution, or 12 (iii) possible deficiencies in proof of the crime, or (iv) where the 13 juvenile offender has no previous adjudications of having committed a 14 designated felony act, as defined in subdivision eight of section 301.2 15 of the family court act, regardless of the age of the offender at the 16 time of commission of the act, that the criminal act was not part of a 17 pattern of criminal behavior and, in view of the history of the offen- 18 der, is not likely to be repeated. 19 § 32. Subdivision 6 of section 300.50 of the criminal procedure law, 20 as amended by chapter 264 of the laws of 2003, is amended to read as 21 follows: 22 6. For purposes of this section, the offenses of rape in the third 23 degree as defined in [subdivision three] subdivisions seven, eight and 24 nine of section 130.25 of the penal law [and criminal sexual act in the25third degree as defined in subdivision three of section 130.40 of the26penal law], are not lesser included offenses of rape in the first 27 degree[, criminal sexual act in the first degree] or any other offense. 28 Notwithstanding the foregoing, [either] any such offense may be submit- 29 ted as a lesser included offense of the applicable first degree offense 30 when (i) there is a reasonable view of the evidence which would support 31 a finding that the defendant committed such lesser offense but did not 32 commit the greater offense, and (ii) both parties consent to its 33 submission. 34 § 32-a. Subdivision 6 of section 380.50 of the criminal procedure law, 35 as separately amended by chapters 368 and 394 of the laws of 2015, is 36 amended to read as follows: 37 6. Regardless of whether the victim requests to make a statement with 38 regard to the defendant's sentence, where the defendant is sentenced for 39 a violent felony offense as defined in section 70.02 of the penal law or 40 a felony defined in article one hundred twenty-five of such law or any 41 of the following provisions of such law sections 130.25, 130.30, 42 [130.40, 130.45,] 255.25, 255.26, 255.27, article two hundred sixty- 43 three, 135.10, 135.25, 230.05, 230.06, 230.11, 230.12, 230.13, subdivi- 44 sion two of section 230.30 or 230.32, the prosecutor shall, within sixty 45 days of the imposition of sentence, provide the victim with a form, 46 prepared and distributed by the commissioner of the division of criminal 47 justice services, in consultation with the director of the office of 48 victim services, on which the victim may indicate a demand to be 49 informed of any petition to change the name of such defendant. Such 50 forms shall be maintained by such prosecutor. Upon receipt of a notice 51 of a petition to change the name of any such defendant, pursuant to 52 subdivision two of section sixty-two of the civil rights law, the prose- 53 cutor shall promptly notify the victim at the most current address or 54 telephone number provided by such victim in the most reasonable and 55 expedient possible manner of the time and place such petition will be 56 presented to the court.S. 2938--B 15 1 § 33. Paragraph (b) of subdivision 8 of section 700.05 of the criminal 2 procedure law, as amended by chapter 1 of the laws of 2019, is amended 3 to read as follows: 4 (b) Any of the following felonies: assault in the second degree as 5 defined in section 120.05 of the penal law, assault in the first degree 6 as defined in section 120.10 of the penal law, reckless endangerment in 7 the first degree as defined in section 120.25 of the penal law, promot- 8 ing a suicide attempt as defined in section 120.30 of the penal law, 9 strangulation in the second degree as defined in section 121.12 of the 10 penal law, strangulation in the first degree as defined in section 11 121.13 of the penal law, criminally negligent homicide as defined in 12 section 125.10 of the penal law, manslaughter in the second degree as 13 defined in section 125.15 of the penal law, manslaughter in the first 14 degree as defined in section 125.20 of the penal law, murder in the 15 second degree as defined in section 125.25 of the penal law, murder in 16 the first degree as defined in section 125.27 of the penal law, rape in 17 the third degree as defined in section 130.25 of the penal law, rape in 18 the second degree as defined in section 130.30 of the penal law, rape in 19 the first degree as defined in section 130.35 of the penal law, [crimi-20nal sexual act in the third degree as defined in section 130.40 of the21penal law, criminal sexual act in the second degree as defined in22section 130.45 of the penal law, criminal sexual act in the first degree23as defined in section 130.50 of the penal law,] sexual abuse in the 24 first degree as defined in section 130.65 of the penal law, unlawful 25 imprisonment in the first degree as defined in section 135.10 of the 26 penal law, kidnapping in the second degree as defined in section 135.20 27 of the penal law, kidnapping in the first degree as defined in section 28 135.25 of the penal law, labor trafficking as defined in section 135.35 29 of the penal law, aggravated labor trafficking as defined in section 30 135.37 of the penal law, custodial interference in the first degree as 31 defined in section 135.50 of the penal law, coercion in the first degree 32 as defined in section 135.65 of the penal law, criminal trespass in the 33 first degree as defined in section 140.17 of the penal law, burglary in 34 the third degree as defined in section 140.20 of the penal law, burglary 35 in the second degree as defined in section 140.25 of the penal law, 36 burglary in the first degree as defined in section 140.30 of the penal 37 law, criminal mischief in the third degree as defined in section 145.05 38 of the penal law, criminal mischief in the second degree as defined in 39 section 145.10 of the penal law, criminal mischief in the first degree 40 as defined in section 145.12 of the penal law, criminal tampering in the 41 first degree as defined in section 145.20 of the penal law, arson in the 42 fourth degree as defined in section 150.05 of the penal law, arson in 43 the third degree as defined in section 150.10 of the penal law, arson in 44 the second degree as defined in section 150.15 of the penal law, arson 45 in the first degree as defined in section 150.20 of the penal law, grand 46 larceny in the fourth degree as defined in section 155.30 of the penal 47 law, grand larceny in the third degree as defined in section 155.35 of 48 the penal law, grand larceny in the second degree as defined in section 49 155.40 of the penal law, grand larceny in the first degree as defined in 50 section 155.42 of the penal law, health care fraud in the fourth degree 51 as defined in section 177.10 of the penal law, health care fraud in the 52 third degree as defined in section 177.15 of the penal law, health care 53 fraud in the second degree as defined in section 177.20 of the penal 54 law, health care fraud in the first degree as defined in section 177.25 55 of the penal law, robbery in the third degree as defined in section 56 160.05 of the penal law, robbery in the second degree as defined inS. 2938--B 16 1 section 160.10 of the penal law, robbery in the first degree as defined 2 in section 160.15 of the penal law, unlawful use of secret scientific 3 material as defined in section 165.07 of the penal law, criminal 4 possession of stolen property in the fourth degree as defined in section 5 165.45 of the penal law, criminal possession of stolen property in the 6 third degree as defined in section 165.50 of the penal law, criminal 7 possession of stolen property in the second degree as defined by section 8 165.52 of the penal law, criminal possession of stolen property in the 9 first degree as defined by section 165.54 of the penal law, trademark 10 counterfeiting in the second degree as defined in section 165.72 of the 11 penal law, trademark counterfeiting in the first degree as defined in 12 section 165.73 of the penal law, forgery in the second degree as defined 13 in section 170.10 of the penal law, forgery in the first degree as 14 defined in section 170.15 of the penal law, criminal possession of a 15 forged instrument in the second degree as defined in section 170.25 of 16 the penal law, criminal possession of a forged instrument in the first 17 degree as defined in section 170.30 of the penal law, criminal 18 possession of forgery devices as defined in section 170.40 of the penal 19 law, falsifying business records in the first degree as defined in 20 section 175.10 of the penal law, tampering with public records in the 21 first degree as defined in section 175.25 of the penal law, offering a 22 false instrument for filing in the first degree as defined in section 23 175.35 of the penal law, issuing a false certificate as defined in 24 section 175.40 of the penal law, criminal diversion of prescription 25 medications and prescriptions in the second degree as defined in section 26 178.20 of the penal law, criminal diversion of prescription medications 27 and prescriptions in the first degree as defined in section 178.25 of 28 the penal law, residential mortgage fraud in the fourth degree as 29 defined in section 187.10 of the penal law, residential mortgage fraud 30 in the third degree as defined in section 187.15 of the penal law, resi- 31 dential mortgage fraud in the second degree as defined in section 187.20 32 of the penal law, residential mortgage fraud in the first degree as 33 defined in section 187.25 of the penal law, escape in the second degree 34 as defined in section 205.10 of the penal law, escape in the first 35 degree as defined in section 205.15 of the penal law, absconding from 36 temporary release in the first degree as defined in section 205.17 of 37 the penal law, promoting prison contraband in the first degree as 38 defined in section 205.25 of the penal law, hindering prosecution in the 39 second degree as defined in section 205.60 of the penal law, hindering 40 prosecution in the first degree as defined in section 205.65 of the 41 penal law, sex trafficking as defined in section 230.34 of the penal 42 law, sex trafficking of a child as defined in section 230.34-a of the 43 penal law, criminal possession of a weapon in the third degree as 44 defined in subdivisions two, three and five of section 265.02 of the 45 penal law, criminal possession of a weapon in the second degree as 46 defined in section 265.03 of the penal law, criminal possession of a 47 weapon in the first degree as defined in section 265.04 of the penal 48 law, manufacture, transport, disposition and defacement of weapons and 49 dangerous instruments and appliances defined as felonies in subdivisions 50 one, two, and three of section 265.10 of the penal law, sections 265.11, 51 265.12 and 265.13 of the penal law, or prohibited use of weapons as 52 defined in subdivision two of section 265.35 of the penal law, relating 53 to firearms and other dangerous weapons, or failure to disclose the 54 origin of a recording in the first degree as defined in section 275.40 55 of the penal law;S. 2938--B 17 1 § 34. Paragraph (a) of subdivision 2 of section 720.10 of the criminal 2 procedure law, as amended by chapter 316 of the laws of 2006, is amended 3 to read as follows: 4 (a) the conviction to be replaced by a youthful offender finding is 5 for (i) a class A-I or class A-II felony, or (ii) an armed felony as 6 defined in subdivision forty-one of section 1.20, except as provided in 7 subdivision three, or (iii) rape in the first degree[, criminal sexual8act in the first degree,] or aggravated sexual abuse, except as provided 9 in subdivision three, or 10 § 35. Paragraph (a) of subdivision 2 and paragraph (a) of subdivision 11 3 of section 168-a of the correction law, paragraph (a) of subdivision 2 12 as amended by chapter 405 of the laws of 2008, subparagraph (i) of para- 13 graph (a) of subdivision 2 as amended by chapter 189 of the laws of 2018 14 and paragraph (a) of subdivision 3 as amended by chapter 107 of the laws 15 of 2006, are amended to read as follows: 16 (a) (i) a conviction of or a conviction for an attempt to commit any 17 of the provisions of sections 120.70, 130.20, 130.25, 130.30, [130.40,18130.45,] 130.60, 230.34, 230.34-a 250.50, 255.25, 255.26 and 255.27 or 19 article two hundred sixty-three of the penal law, or section 135.05, 20 135.10, 135.20 or 135.25 of such law relating to kidnapping offenses, 21 provided the victim of such kidnapping or related offense is less than 22 seventeen years old and the offender is not the parent of the victim, or 23 section 230.04, where the person patronized is in fact less than seven- 24 teen years of age, 230.05, 230.06, 230.11, 230.12, 230.13, subdivision 25 two of section 230.30, section 230.32, 230.33, or 230.34 of the penal 26 law, or section 230.25 of the penal law where the person prostituted is 27 in fact less than seventeen years old, or (ii) a conviction of or a 28 conviction for an attempt to commit any of the provisions of section 29 235.22 of the penal law, or (iii) a conviction of or a conviction for an 30 attempt to commit any provisions of the foregoing sections committed or 31 attempted as a hate crime defined in section 485.05 of the penal law or 32 as a crime of terrorism defined in section 490.25 of such law or as a 33 sexually motivated felony defined in section 130.91 of such law; or 34 (a) (i) a conviction of or a conviction for an attempt to commit any 35 of the provisions of sections 130.35, [130.50,] 130.65, 130.66, 130.67, 36 130.70, 130.75, 130.80, 130.95 and 130.96 of the penal law, or (ii) a 37 conviction of or a conviction for an attempt to commit any of the 38 provisions of sections 130.53, 130.65-a and 130.90 of the penal law, or 39 (iii) a conviction of or a conviction for an attempt to commit any 40 provisions of the foregoing sections committed or attempted as a hate 41 crime defined in section 485.05 of the penal law or as a crime of 42 terrorism defined in section 490.25 of such law; or 43 § 36. Subparagraph (ii) of paragraph (a), subparagraphs (i) and (ii) 44 of paragraph (b) and paragraph (e) of subdivision 8 of section 384-b of 45 the social services law, subparagraph (ii) of paragraph (a) and subpara- 46 graph (i) of paragraph (b) as amended by chapter 430 of the laws of 47 2013, subparagraph (ii) of paragraph (b) as amended and paragraph (e) as 48 added by chapter 7 of the laws of 1999, are amended to read as follows: 49 (ii) the child has been found to be an abused child, as defined in 50 paragraph (iii) of subdivision (e) of section ten hundred twelve of the 51 family court act, as a result of such parent's acts; provided, however, 52 the respondent must have committed or knowingly allowed to be committed 53 a felony sex offense as defined in sections 130.25, 130.30, 130.35, 54 [130.40, 130.45, 130.50,] 130.65, 130.67, 130.70, 130.75, 130.80, 130.95 55 and 130.96 of the penal law and, for the purposes of this section theS. 2938--B 18 1 corroboration requirements contained in the penal law shall not apply to 2 proceedings under this section; or 3 (i) the child has been found to be an abused child, (A) as defined in 4 paragraph (i) of subdivision (e) of section ten hundred twelve of the 5 family court act, as a result of such parent's acts; or (B) as defined 6 in paragraph (iii) of subdivision (e) of section ten hundred twelve of 7 the family court act, as a result of such parent's acts; provided, 8 however, the respondent must have committed or knowingly allowed to be 9 committed a felony sex offense as defined in sections 130.25, 130.30, 10 130.35, [130.40, 130.45, 130.50,] 130.65, 130.67, 130.70, 130.75, 11 130.80, 130.95 and 130.96 of the penal law; and 12 (ii) (A) the child or another child for whose care such parent is or 13 has been legally responsible has been previously found, within the five 14 years immediately preceding the initiation of the proceeding in which 15 such abuse is found, to be an abused child, as defined in paragraph (i) 16 or (iii) of subdivision (e) of section ten hundred twelve of the family 17 court act, as a result of such parent's acts; provided, however, in the 18 case of a finding of abuse as defined in paragraph (iii) of subdivision 19 (e) of section ten hundred twelve of the family court act the respondent 20 must have committed or knowingly allowed to be committed a felony sex 21 offense as defined in sections 130.25, 130.30, 130.35, [130.40, 130.45,22130.50,] 130.65, 130.67, 130.70, 130.75 and 130.80 of the penal law, or 23 (B) the parent has been convicted of a crime under section 130.25, 24 130.30, 130.35, [130.40, 130.45, 130.50,] 130.65, 130.67, 130.70, 130.75 25 or 130.80 of the penal law against the child, a sibling of the child or 26 another child for whose care such parent is or has been legally respon- 27 sible, within the five year period immediately preceding the initiation 28 of the proceeding in which abuse is found; and 29 (e) A determination by the court in accordance with article ten of the 30 family court act based upon clear and convincing evidence that a child 31 was abused (A) as defined in paragraph (i) of subdivision (e) of section 32 ten hundred twelve of the family court act, as a result of such parent's 33 acts; or (B) as defined in paragraph (iii) of subdivision (e) of section 34 ten hundred twelve of the family court act, as a result of such parent's 35 acts; provided, however, the respondent must have committed or knowingly 36 allowed to be committed a felony sex offense as defined in sections 37 130.25, 130.30, 130.35, [130.40, 130.45, 130.50,] 130.65, 130.67, 38 130.70, 130.75 and 130.80 of the penal law shall establish that the 39 child was an abused child for the purpose of a determination as required 40 by subparagraph (i) or (ii) of paragraph (b) of this subdivision. Such a 41 determination by the court in accordance with article ten of the family 42 court act based upon a fair preponderance of evidence shall be admissi- 43 ble in any proceeding commenced in accordance with this section. 44 § 37. Paragraphs (a) and (b) of subdivision 4 of section 509-cc of the 45 vehicle and traffic law, paragraph (a) as amended by chapter 189 of the 46 laws of 2018 and paragraph (b) as amended by chapter 400 of the laws of 47 2011, are amended to read as follows: 48 (a) The offenses referred to in subparagraph (ii) of paragraph (a) of 49 subdivision one and paragraph (a) of subdivision two of this section 50 that result in permanent disqualification shall include a conviction 51 under sections 125.12, 125.13, 125.14, 125.15, 125.20, 125.21, 125.22, 52 125.25, 125.26, 125.27, 130.30, 130.35, [130.45, 130.50,] 130.65, 53 130.66, 130.67, 130.70, 130.75, 130.80, 130.90, 130.95, 130.96, 135.25, 54 150.20, 230.30, 230.32, 230.34, 230.34-a, 235.22, 263.05, 263.10, 55 263.11, 263.15, 263.16 of the penal law or an attempt to commit any of 56 the aforesaid offenses under section 110.00 of the penal law, or anyS. 2938--B 19 1 offenses committed under a former section of the penal law which would 2 constitute violations of the aforesaid sections of the penal law, or any 3 offenses committed outside this state which would constitute violations 4 of the aforesaid sections of the penal law. 5 (b) The offenses referred to in subparagraph (ii) of paragraph (a) of 6 subdivision one and paragraph (b) of subdivision two of this section 7 that result in permanent disqualification shall include a conviction 8 under sections 100.13, 105.15, 105.17, 115.08, 120.12, 120.70, 125.10, 9 125.11, [130.40,] 130.53, 130.60, 130.65-a, 135.20, 160.15, 220.18, 10 220.21, 220.39, 220.41, 220.43, 220.44, 230.25, 260.00, 265.04 of the 11 penal law or an attempt to commit any of the aforesaid offenses under 12 section 110.00 of the penal law, or any offenses committed under a 13 former section of the penal law which would constitute violations of the 14 aforesaid sections of the penal law, or any offenses committed outside 15 this state which would constitute violations of the aforesaid sections 16 of the penal law. 17 § 38. Subdivision (b) of section 117 of the family court act, as 18 amended by chapter 7 of the laws of 2007, is amended to read as follows: 19 (b) For every juvenile delinquency proceeding under article three 20 involving an allegation of an act committed by a person which, if done 21 by an adult, would be a crime (i) defined in sections 125.27 (murder in 22 the first degree); 125.25 (murder in the second degree); 135.25 (kidnap- 23 ping in the first degree); or 150.20 (arson in the first degree) of the 24 penal law committed by a person thirteen, fourteen or fifteen years of 25 age; or such conduct committed as a sexually motivated felony, where 26 authorized pursuant to section 130.91 of the penal law; (ii) defined in 27 sections 120.10 (assault in the first degree); 125.20 (manslaughter in 28 the first degree); 130.35 (rape in the first degree); [130.50 (criminal29sexual act in the first degree);] 135.20 (kidnapping in the second 30 degree), but only where the abduction involved the use or threat of use 31 of deadly physical force; 150.15 (arson in the second degree); or 160.15 32 (robbery in the first degree) of the penal law committed by a person 33 thirteen, fourteen or fifteen years of age; or such conduct committed as 34 a sexually motivated felony, where authorized pursuant to section 130.91 35 of the penal law; (iii) defined in the penal law as an attempt to commit 36 murder in the first or second degree or kidnapping in the first degree 37 committed by a person thirteen, fourteen or fifteen years of age; or 38 such conduct committed as a sexually motivated felony, where authorized 39 pursuant to section 130.91 of the penal law; (iv) defined in section 40 140.30 (burglary in the first degree); subdivision one of section 140.25 41 (burglary in the second degree); subdivision two of section 160.10 42 (robbery in the second degree) of the penal law; or section 265.03 of 43 the penal law, where such machine gun or such firearm is possessed on 44 school grounds, as that phrase is defined in subdivision fourteen of 45 section 220.00 of the penal law committed by a person fourteen or 46 fifteen years of age; or such conduct committed as a sexually motivated 47 felony, where authorized pursuant to section 130.91 of the penal law; 48 (v) defined in section 120.05 (assault in the second degree) or 160.10 49 (robbery in the second degree) of the penal law committed by a person 50 fourteen or fifteen years of age but only where there has been a prior 51 finding by a court that such person has previously committed an act 52 which, if committed by an adult, would be the crime of assault in the 53 second degree, robbery in the second degree or any designated felony act 54 specified in clause (i), (ii) or (iii) of this subdivision regardless of 55 the age of such person at the time of the commission of the prior act; 56 or (vi) other than a misdemeanor, committed by a person at least sevenS. 2938--B 20 1 but less than sixteen years of age, but only where there has been two 2 prior findings by the court that such person has committed a prior act 3 which, if committed by an adult would be a felony: 4 (i) There is hereby established in the family court in the city of New 5 York at least one "designated felony act part." Such part or parts shall 6 be held separate from all other proceedings of the court, and shall have 7 jurisdiction over all proceedings involving such an allegation. All such 8 proceedings shall be originated in or be transferred to this part from 9 other parts as they are made known to the court. 10 (ii) Outside the city of New York, all proceedings involving such an 11 allegation shall have a hearing preference over every other proceeding 12 in the court, except proceedings under article ten. 13 § 39. Paragraph (ii) of subdivision 8 of section 301.2 of the family 14 court act, as amended by section 57 of part WWW of chapter 59 of the 15 laws of 2017, is amended to read as follows: 16 (ii) defined in sections 120.10 (assault in the first degree); 125.20 17 (manslaughter in the first degree); 130.35 (rape in the first degree); 18 [130.50 (criminal sexual act in the first degree);] 130.70 (aggravated 19 sexual abuse in the first degree); 135.20 (kidnapping in the second 20 degree) but only where the abduction involved the use or threat of use 21 of deadly physical force; 150.15 (arson in the second degree) or 160.15 22 (robbery in the first degree) of the penal law committed by a person 23 thirteen, fourteen, fifteen, or sixteen, or, commencing October first, 24 two thousand nineteen, seventeen years of age; or such conduct committed 25 as a sexually motivated felony, where authorized pursuant to section 26 130.91 of the penal law; 27 § 40. Subdivision 4 of section 308.1 of the family court act, as 28 amended by chapter 264 of the laws of 2003, is amended to read as 29 follows: 30 4. The probation service shall not adjust a case in which the child 31 has allegedly committed a delinquent act which would be a crime defined 32 in section 120.25, (reckless endangerment in the first degree), subdivi- 33 sion one of section 125.15, (manslaughter in the second degree), [subdi-34vision] subdivisions one, two and three of section 130.25, (rape in the 35 third degree), [subdivision one of section 130.40, (criminal sexual act36in the third degree),] subdivision one or two of section 130.65, (sexual 37 abuse in the first degree), section 135.65, (coercion in the first 38 degree), section 140.20, (burglary in the third degree), section 150.10, 39 (arson in the third degree), section 160.05, (robbery in the third 40 degree), subdivision two, three or four of section 265.02, (criminal 41 possession of a weapon in the third degree), section 265.03, (criminal 42 possession of a weapon in the second degree), or section 265.04, (crimi- 43 nal possession of a dangerous weapon in the first degree) of the penal 44 law where the child has previously had one or more adjustments of a case 45 in which such child allegedly committed an act which would be a crime 46 specified in this subdivision unless it has received written approval 47 from the court and the appropriate presentment agency. 48 § 41. Subdivision (c) of section 1052 of the family court act, as 49 added by chapter 739 of the laws of 1981, is amended to read as follows: 50 (c) Prior to granting an order of disposition pursuant to subdivision 51 (a) of this section following an adjudication of child abuse, as defined 52 in paragraph (i) of subdivision (e) of section ten hundred twelve of 53 this act or a finding of a felony sex offense as defined in sections 54 130.25, 130.30, 130.35, [130.40, 130.45, 130.50,] 130.65 and 130.70 of 55 the penal law, the court shall advise the respondent that any subsequent 56 adjudication of child abuse, as defined in paragraph (i) of subdivisionS. 2938--B 21 1 (e) of section one thousand twelve of this act or any subsequent finding 2 of a felony sex offense as defined in those sections of the penal law 3 herein enumerated, arising out of acts of the respondent may result in 4 the commitment of the guardianship and custody of the child or another 5 child pursuant to section three hundred eighty-four-b of the social 6 services law. The order in such cases shall contain a statement that any 7 subsequent adjudication of child abuse or finding of a felony sex 8 offense as described herein may result in the commitment of the guardi- 9 anship and custody of the child, or another child pursuant to section 10 three hundred eighty-four-b of the social services law. 11 § 42. Subdivision 2 of section 61 of the civil rights law, as amended 12 by section 54 of subpart B of part C of chapter 62 of the laws of 2011, 13 is amended to read as follows: 14 2. If the petitioner stands convicted of a violent felony offense as 15 defined in section 70.02 of the penal law or a felony defined in article 16 one hundred twenty-five of such law or any of the following provisions 17 of such law sections 130.25, 130.30, [130.40, 130.45,] 255.25, 255.26, 18 255.27, article two hundred sixty-three, 135.10, 135.25, 230.05, 230.06, 19 subdivision two of section 230.30 or 230.32, and is currently confined 20 as an inmate in any correctional facility or currently under the super- 21 vision of the department of corrections and community supervision or a 22 county probation department as a result of such conviction, the petition 23 shall for each such conviction specify such felony conviction, the date 24 of such conviction or convictions, and the court in which such 25 conviction or convictions were entered. 26 § 43. Subdivision 2 of section 62 of the civil rights law, as amended 27 by section 55 of subpart B of part C of chapter 62 of the laws of 2011, 28 is amended to read as follows: 29 2. If the petition be to change the name of a person currently 30 confined as an inmate in any correctional facility or currently under 31 the supervision of the department of corrections and community super- 32 vision or a county probation department as a result of a conviction for 33 a violent felony offense as defined in section 70.02 of the penal law or 34 a felony defined in article one hundred twenty-five of such law or any 35 of the following provisions of such law sections 130.25, 130.30, 36 [130.40, 130.45,] 255.25, 255.26, 255.27, article two hundred sixty- 37 three, 135.10, 135.25, 230.05, 230.06, subdivision two of section 230.30 38 or 230.32, notice of the time and place when and where the petition will 39 be presented shall be served, in like manner as a notice of a motion 40 upon an attorney in an action, upon the district attorney of every coun- 41 ty in which such person has been convicted of such felony and upon the 42 court or courts in which the sentence for such felony was entered. 43 Unless a shorter period of time is ordered by the court, said notice 44 shall be served upon each such district attorney and court or courts not 45 less than sixty days prior to the date on which such petition is noticed 46 to be heard. 47 § 44. The closing paragraph of section 64 of the civil rights law, as 48 separately amended by chapters 258, 320 and 481 of the laws of 2006, is 49 amended to read as follows: 50 Upon compliance with the order and the filing of the affidavit of the 51 publication, as provided in this section, the clerk of the court in 52 which the order has been entered shall certify that the order has been 53 complied with; and, if the petition states that the petitioner stands 54 convicted of a violent felony offense as defined in section 70.02 of the 55 penal law or a felony defined in article one hundred twenty-five of such 56 law or any of the following provisions of such law sections 130.25,S. 2938--B 22 1 130.30, [130.40, 130.45,] 255.25, 255.26, 255.27, article two hundred 2 sixty-three, 135.10, 135.25, 230.05, 230.06, subdivision two of section 3 230.30 or 230.32, such clerk (1) shall deliver, by first class mail, a 4 copy of such certified order to the division of criminal justice 5 services at its office in the county of Albany and (2) upon the clerk of 6 the court reviewing the petitioner's application for name change and 7 subsequent in-court inquiry, may, in the clerk's discretion, deliver, by 8 first class mail, the petitioner's new name with such certified order to 9 the court of competent jurisdiction which imposed the orders of support. 10 Such certification shall appear on the original order and on any certi- 11 fied copy thereof and shall be entered in the clerk's minutes of the 12 proceeding. 13 § 45. Section 213-c of the civil practice law and rules, as added by 14 chapter 3 of the laws of 2006, is amended to read as follows: 15 § 213-c. Action by victim of conduct constituting certain sexual 16 offenses. Notwithstanding any other limitation set forth in this arti- 17 cle, a civil claim or cause of action to recover from a defendant as 18 hereinafter defined, for physical, psychological or other injury or 19 condition suffered by a person as a result of acts by such defendant of 20 rape in the first degree as defined in section 130.35 of the penal law, 21 [or criminal sexual act in the first degree as defined in section 130.5022of the penal law,] or aggravated sexual abuse in the first degree as 23 defined in section 130.70 of the penal law, or course of sexual conduct 24 against a child in the first degree as defined in section 130.75 of the 25 penal law may be brought within five years. As used in this section, the 26 term "defendant" shall mean only a person who commits the acts described 27 in this section or who, in a criminal proceeding, could be charged with 28 criminal liability for the commission of such acts pursuant to section 29 20.00 of the penal law and shall not apply to any related civil claim or 30 cause of action arising from such acts. Nothing in this section shall be 31 construed to require that a criminal charge be brought or a criminal 32 conviction be obtained as a condition of bringing a civil cause of 33 action or receiving a civil judgment pursuant to this section or be 34 construed to require that any of the rules governing a criminal proceed- 35 ing be applicable to any such civil action. 36 § 46. Paragraph (b) of subdivision 8 of section 215 of the civil prac- 37 tice law and rules, as added by chapter 3 of the laws of 2006, is 38 amended to read as follows: 39 (b) Whenever it is shown that a criminal action against the same 40 defendant has been commenced with respect to the event or occurrence 41 from which a claim governed by this section arises, and such criminal 42 action is for rape in the first degree as defined in section 130.35 of 43 the penal law, [or criminal sexual act in the first degree as defined in44section 130.50 of the penal law,] or aggravated sexual abuse in the 45 first degree as defined in section 130.70 of the penal law, or course of 46 sexual conduct against a child in the first degree as defined in section 47 130.75 of the penal law, the plaintiff shall have at least five years 48 from the termination of the criminal action as defined in section 1.20 49 of the criminal procedure law in which to commence the civil action, 50 notwithstanding that the time in which to commence such action has 51 already expired or has less than a year remaining. 52 § 47. Subdivision 11 of section 123 of the agriculture and markets 53 law, as amended by chapter 392 of the laws of 2004, and such section as 54 renumbered by section 18 of part T of chapter 59 of the laws of 2010, is 55 amended to read as follows:S. 2938--B 23 1 11. The owner shall not be liable pursuant to subdivision six, seven, 2 eight, nine or ten of this section if the dog was coming to the aid or 3 defense of a person during the commission or attempted commission of a 4 murder, robbery, burglary, arson, rape in the first degree as defined in 5 paragraph (a) or (b) of subdivision one [or], paragraph (a) or (b) of 6 subdivision two or paragraph (a) or (b) of subdivision three of section 7 130.35 of the penal law[, criminal sexual act in the first degree as8defined in subdivision one or two of section 130.50 of the penal law] or 9 kidnapping within the dwelling or upon the real property of the owner of 10 the dog and the dog injured or killed the person committing such crimi- 11 nal activity. 12 § 48. Section 4 of the judiciary law, as amended by chapter 1 of the 13 laws of 2019, is amended to read as follows: 14 § 4. Sittings of courts to be public. The sittings of every court 15 within this state shall be public, and every citizen may freely attend 16 the same, except that in all proceedings and trials in cases for 17 divorce, seduction, rape, assault with intent to commit rape, [criminal18sexual act,] bastardy or filiation, the court may, in its discretion, 19 exclude therefrom all persons who are not directly interested therein, 20 excepting jurors, witnesses, and officers of the court. 21 § 49. Subdivision 2 of section 120.60 of the penal law, as amended by 22 chapter 434 of the laws of 2000, is amended to read as follows: 23 2. commits a class A misdemeanor defined in article one hundred thirty 24 of this chapter, or a class E felony defined in section 130.25, [130.40] 25 or 130.85 of this chapter, or a class D felony defined in section 130.30 26 [or 130.45] of this chapter. 27 § 50. Subdivision 1 of section 210.16 of the criminal procedure law, 28 as added by chapter 571 of the laws of 2007, is amended to read as 29 follows: 30 1. (a) In a case where an indictment or a superior court information 31 has been filed with a superior court which charges the defendant with a 32 felony offense enumerated in any section of article one hundred thirty 33 of the penal law where an act of "[sexual intercourse] vaginal sexual 34 contact", "oral sexual [conduct] contact" or "anal sexual [conduct] 35 contact," as those terms are defined in section 130.00 of the penal law, 36 is required as an essential element for the commission thereof, the 37 court shall, upon a request of the victim within six months of the date 38 of the crimes charged, order that the defendant submit to human immuno- 39 deficiency virus (HIV) related testing. Testing of a defendant shall be 40 ordered when the result would provide medical benefit to the victim or a 41 psychological benefit to the victim. Medical benefit shall be found when 42 the following elements are satisfied: (i) a decision is pending about 43 beginning, continuing, or discontinuing a medical intervention for the 44 victim; and (ii) the result of an HIV test of the accused could affect 45 that decision, and could provide relevant information beyond that which 46 would be provided by an HIV test of the victim. If testing the defendant 47 would provide medical benefit to the victim or a psychological benefit 48 to the victim, then the testing is to be conducted by a state, county, 49 or local public health officer designated by the order. Test results, 50 which shall not be disclosed to the court, shall be communicated to the 51 defendant and the victim named in the order in accordance with the 52 provisions of section twenty-seven hundred eighty-five-a of the public 53 health law. 54 (b) For the purposes of this section, the terms "victim" and "appli- 55 cant" mean the person with whom the defendant is charged to have engaged 56 in an act of "[sexual intercourse] vaginal sexual contact", "oral sexualS. 2938--B 24 1 [conduct] contact" or "anal sexual [conduct] contact", as those terms 2 are defined in section 130.00 of the penal law, where such conduct with 3 such victim was the basis for charging the defendant with an offense 4 specified in paragraph (a) of this subdivision. 5 § 51. Subdivision 1 of section 390.15 of the criminal procedure law, 6 as amended by chapter 264 of the laws of 2003, is amended to read as 7 follows: 8 1. (a) In any case where the defendant is convicted of a felony 9 offense enumerated in any section of article one hundred thirty of the 10 penal law, or any subdivision of section 130.20 of such law, where an 11 act of "[sexual intercourse] vaginal sexual contact", "oral sexual 12 [conduct] contact" or "anal sexual [conduct] contact," as those terms 13 are defined in section 130.00 of the penal law, is required as an essen- 14 tial element for the commission thereof, the court must, upon a request 15 of the victim, order that the defendant submit to human immunodeficiency 16 (HIV) related testing. The testing is to be conducted by a state, coun- 17 ty, or local public health officer designated by the order. Test 18 results, which shall not be disclosed to the court, shall be communi- 19 cated to the defendant and the victim named in the order in accordance 20 with the provisions of section twenty-seven hundred eighty-five-a of the 21 public health law, but such results and disclosure need not be completed 22 prior to the imposition of sentence. 23 (b) For the purposes of this section, the terms "defendant", 24 "conviction" and "sentence" mean and include, respectively, an "eligible 25 youth," a "youthful offender finding" and a "youthful offender sentence" 26 as those terms are defined in section 720.10 of this chapter. The term 27 "victim" means the person with whom the defendant engaged in an act of 28 "[sexual intercourse] vaginal sexual contact", "oral sexual [conduct] 29 contact" or "anal sexual [conduct] contact", as those terms are defined 30 in section 130.00 of the penal law, where such conduct with such victim 31 was the basis for the defendant's conviction of an offense specified in 32 paragraph (a) of this subdivision. 33 § 52. Subdivision 1 of section 347.1 of the family court act, as 34 amended by chapter 264 of the laws of 2003, is amended to read as 35 follows: 36 1. (a) In any proceeding where the respondent is found pursuant to 37 section 345.1 or 346.1 of this article, to have committed a felony 38 offense enumerated in any section of article one hundred thirty of the 39 penal law, or any subdivision of section 130.20 of such law, for which 40 an act of "[sexual intercourse] vaginal sexual contact", "oral sexual 41 [conduct] contact" or "anal sexual [conduct] contact", as those terms 42 are defined in section 130.00 of the penal law, is required as an essen- 43 tial element for the commission thereof, the court must, upon a request 44 of the victim, order that the respondent submit to human immunodeficien- 45 cy (HIV) related testing. The testing is to be conducted by a state, 46 county, or local public health officer designated by the order. Test 47 results, which shall not be disclosed to the court, shall be communi- 48 cated to the respondent and the victim named in the order in accordance 49 with the provisions of section twenty-seven hundred eighty-five-a of the 50 public health law. 51 (b) For the purposes of this section, the term "victim" means the 52 person with whom the respondent engaged in an act of "[sexual inter-53course] vaginal sexual contact", "oral sexual [conduct] contact" or 54 "anal sexual [conduct] contact", as those terms are defined in section 55 130.00 of the penal law, where such conduct with such victim was the 56 basis for the court's finding that the respondent committed acts consti-S. 2938--B 25 1 tuting one or more of the offenses specified in paragraph (a) of this 2 subdivision. 3 § 53. Subdivision (a) of section 130.16 of the penal law, as amended 4 by chapter 264 of the laws of 2003, is amended to read as follows: 5 (a) Establish that an attempt was made to engage the victim in [sexual6intercourse] vaginal sexual contact, oral sexual [conduct] contact, anal 7 sexual [conduct] contact, or sexual contact, as the case may be, at the 8 time of the occurrence; and 9 § 54. Section 130.20 of the penal law, as amended by chapter 1 of the 10 laws of 2000, subdivision 2 as amended by chapter 264 of the laws of 11 2003, is amended to read as follows: 12 § 130.20 Sexual misconduct. 13 A person is guilty of sexual misconduct when: 14 1. He or she engages in [sexual intercourse] vaginal sexual contact 15 with another person without such person's consent; or 16 2. He or she engages in oral sexual [conduct or anal sexual conduct] 17 contact with another person without such person's consent; or 18 3. He or she engages in anal sexual contact with another person with- 19 out such person's consent; or 20 4. He or she engages in sexual conduct with an animal or a dead human 21 body. 22 Sexual misconduct is a class A misdemeanor. 23 § 55. Paragraphs (a) and (b) of subdivision 1 of section 130.75 of the 24 penal law, as amended by chapter 264 of the laws of 2003, are amended to 25 read as follows: 26 (a) he or she engages in two or more acts of sexual conduct, which 27 includes at least one act of [sexual intercourse] vaginal sexual 28 contact, oral sexual [conduct] contact, anal sexual [conduct] contact or 29 aggravated sexual contact, with a child less than eleven years old; or 30 (b) he or she, being eighteen years old or more, engages in two or 31 more acts of sexual conduct, which include at least one act of [sexual32intercourse] vaginal sexual contact, oral sexual [conduct] contact, anal 33 sexual [conduct] contact or aggravated sexual contact, with a child less 34 than thirteen years old. 35 § 56. Subdivision 1 of section 235.00 of the penal law, as amended by 36 chapter 264 of the laws of 2003, is amended to read as follows: 37 1. "Obscene." Any material or performance is "obscene" if (a) the 38 average person, applying contemporary community standards, would find 39 that considered as a whole, its predominant appeal is to the prurient 40 interest in sex, and (b) it depicts or describes in a patently offensive 41 manner, actual or simulated: [sexual intercourse] vaginal sexual 42 contact, [criminal sexual act] oral sexual contact, anal sexual contact, 43 sexual bestiality, masturbation, sadism, masochism, excretion or lewd 44 exhibition of the genitals, and (c) considered as a whole, it lacks 45 serious literary, artistic, political, and scientific value. Predominant 46 appeal shall be judged with reference to ordinary adults unless it 47 appears from the character of the material or the circumstances of its 48 dissemination to be designed for children or other [specially] especial- 49 ly susceptible audience. 50 § 57. Subdivision 2 of section 235.22 of the penal law, as amended by 51 chapter 264 of the laws of 2003, is amended to read as follows: 52 2. by means of such communication he importunes, invites or induces a 53 minor to engage in [sexual intercourse] vaginal sexual contact, oral 54 sexual [conduct] contact or anal sexual [conduct] contact, or sexual 55 contact with him, or to engage in a sexual performance, obscene sexual 56 performance, or sexual conduct for his benefit.S. 2938--B 26 1 § 58. Section 255.25 of the penal law, as amended by chapter 320 of 2 the laws of 2006, is amended to read as follows: 3 § 255.25 Incest in the third degree. 4 A person is guilty of incest in the third degree when he or she 5 marries or engages in [sexual intercourse] vaginal sexual contact, oral 6 sexual [conduct] contact or anal sexual [conduct] contact with a person 7 whom he or she knows to be related to him or her, whether through 8 marriage or not, as an ancestor, descendant, brother or sister of either 9 the whole or the half blood, uncle, aunt, nephew or niece. 10 Incest in the third degree is a class E felony. 11 § 59. Subdivision 3 of section 263.00 of the penal law, as amended by 12 chapter 264 of the laws of 2003, is amended to read as follows: 13 3. "Sexual conduct" means actual or simulated [sexual intercourse] 14 vaginal sexual contact, oral sexual [conduct] contact, anal sexual 15 [conduct]contact, sexual bestiality, masturbation, sado-masochistic 16 abuse, or lewd exhibition of the genitals. 17 § 60. Subdivision 3 of section 60.42 of the criminal procedure law, as 18 amended by section 1 of part R of chapter 55 of the laws of 2019, is 19 amended to read as follows: 20 3. rebuts evidence introduced by the people of the victim's failure to 21 engage in [sexual intercourse] vaginal sexual contact, oral sexual 22 [conduct] contact, anal sexual [conduct] contact or sexual contact 23 during a given period of time; or 24 § 61. Subdivision 3 of section 344.4 of the family court act, as 25 amended by chapter 264 of the laws of 2003, is amended to read as 26 follows: 27 3. rebuts evidence introduced by the presentment agency of the 28 victim's failure to engage in [sexual intercourse] vaginal sexual 29 contact, oral sexual [conduct] contact, anal sexual [conduct] contact or 30 sexual contact during a given period of time; or 31 § 62. Subdivision 4 of section 170 of the domestic relations law, as 32 amended by chapter 264 of the laws of 2003, is amended to read as 33 follows: 34 (4) The commission of an act of adultery, provided that adultery for 35 the purposes of articles ten, eleven, and eleven-A of this chapter, is 36 hereby defined as the commission of an act of [sexual intercourse] vagi- 37 nal sexual contact, oral sexual [conduct] contact or anal sexual 38 [conduct] contact, voluntarily performed by the defendant, with a person 39 other than the plaintiff after the marriage of plaintiff and defendant. 40 Oral sexual [conduct] contact and anal sexual [conduct] contact include, 41 but are not limited to, sexual conduct as defined in subdivision two of 42 section 130.00 and subdivision [three] four of section 130.20 of the 43 penal law. 44 § 63. The first undesignated paragraph of section 135.61 of the penal 45 law, as added by section 2 of part NN of chapter 55 of the laws of 2018, 46 is amended to read as follows: 47 A person is guilty of coercion in the second degree when he or she 48 commits the crime of coercion in the third degree as defined in section 49 135.60 of this article and thereby compels or induces a person to engage 50 in [sexual intercourse] vaginal sexual contact, oral sexual [conduct] 51 contact or anal sexual [conduct] contact as such terms are defined in 52 section [130 of the penal law] 130.00 of this title. 53 § 64. The first undesignated paragraph of section 230.11 of the penal 54 law, as added by chapter 368 of the laws of 2015, is amended to read as 55 follows:S. 2938--B 27 1 A person is guilty of aggravated patronizing a minor for prostitution 2 in the third degree when, being twenty-one years old or more, he or she 3 patronizes a person for prostitution and the person patronized is less 4 than seventeen years old and the person guilty of patronizing engages in 5 [sexual intercourse] vaginal sexual contact, oral sexual [conduct] 6 contact, anal sexual [conduct] contact, or aggravated sexual [conduct] 7 contact as those terms are defined in section 130.00 of this part, with 8 the person patronized. 9 § 65. The first undesignated paragraph of section 230.12 of the penal 10 law, as added by chapter 368 of the laws of 2015, is amended to read as 11 follows: 12 A person is guilty of aggravated patronizing a minor for prostitution 13 in the second degree when, being eighteen years old or more, he or she 14 patronizes a person for prostitution and the person patronized is less 15 than fifteen years old and the person guilty of patronizing engages in 16 [sexual intercourse] vaginal sexual contact, oral sexual [conduct] 17 contact, anal sexual [conduct] contact, or aggravated sexual [conduct] 18 contact as those terms are defined in section 130.00 of this part, with 19 the person patronized. 20 § 66. The first undesignated paragraph of section 230.13 of the penal 21 law, as added by chapter 368 of the laws of 2015, is amended to read as 22 follows: 23 A person is guilty of aggravated patronizing a minor for prostitution 24 in the first degree when he or she patronizes a person for prostitution 25 and the person patronized is less than eleven years old, or being eigh- 26 teen years old or more, he or she patronizes a person for prostitution 27 and the person patronized is less than thirteen years old, and the 28 person guilty of patronizing engages in [sexual intercourse] vaginal 29 sexual contact, oral sexual [conduct] contact, anal sexual [conduct] 30 contact, or aggravated sexual [conduct] contact as those terms are 31 defined in section 130.00 of this part, with the person patronized. 32 § 67. Subdivision 4 of section 200 of the domestic relations law, as 33 amended by chapter 264 of the laws of 2003, is amended to read as 34 follows: 35 4. The commission of an act of adultery by the defendant; except where 36 such offense is committed by the procurement or with the connivance of 37 the plaintiff or where there is voluntary cohabitation of the parties 38 with the knowledge of the offense or where action was not commenced 39 within five years after the discovery by the plaintiff of the offense 40 charged or where the plaintiff has also been guilty of adultery under 41 such circumstances that the defendant would have been entitled, if inno- 42 cent, to a divorce, provided that adultery for the purposes of this 43 subdivision is hereby defined as the commission of an act of [sexual44intercourse] vaginal sexual contact, oral sexual [conduct] contact or 45 anal sexual [conduct] contact, voluntarily performed by the defendant, 46 with a person other than the plaintiff after the marriage of plaintiff 47 and defendant. Oral sexual [conduct] contact and anal sexual [conduct] 48 contact include, but are not limited to, sexual conduct as defined in 49 subdivision two of section 130.00 and subdivision [three] four of 50 section 130.20 of the penal law. 51 § 68. This act shall take effect January 1, 2021 and shall apply to 52 any offense on or after such effective date; provided, however, that if 53 section 1-a of part JJJ of chapter 59 of the laws of 2019 shall not have 54 taken effect on or before such date then section twenty-six-a of this 55 act shall take effect on the same date and in the same manner as such 56 chapter of the laws of 2019, takes effect. As it pertains to theS. 2938--B 28 1 repealed sections of law, nothing in this act shall affect a requirement 2 to register pursuant to article 6-C of the correction law; a lawfully 3 required disclosure of a conviction; any restriction or prohibition for 4 certain types of employment, housing, or government benefit; or any 5 other ongoing matter related to a conviction of the sections repealed in 6 this act.
