S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4959

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 9, 2015
                               ___________

Introduced  by  M.  of  A.  SIMOTAS, COLTON, AUBRY, SCARBOROUGH, MARKEY,
  ENGLEBRIGHT, BRAUNSTEIN, DenDEKKER, BRINDISI, MORELLE, JAFFEE,  PERRY,
  CLARK,  COOK,  ROBERTS,  HOOPER, WEPRIN, SANTABARBARA, SKOUFIS, ROZIC,
  HEVESI, QUART, LIFTON, GJONAJ, OTIS, SEPULVEDA,  McDONALD,  MOSLEY  --
  Multi-Sponsored  by  --  M.  of  A. ARROYO, BRENNAN, BUCHWALD, CORWIN,
  DUPREY, FINCH, FITZPATRICK, GALEF, GLICK,  GOODELL,  HIKIND,  LUPARDO,
  MALLIOTAKIS, McDONOUGH, MONTESANO, PEOPLES-STOKES, RA, ROBINSON, SCHI-
  MEL, WALTER -- read once and referred to the Committee on Codes

AN  ACT  to  amend  the  penal  law,  the  criminal  procedure  law, the
  correction law, the social services law, the vehicle and traffic  law,
  the family court act, the civil rights law, the civil practice law and
  rules,  the  agriculture  and  markets  law  and the judiciary law, in
  relation to sex offenses; and to  repeal  certain  provisions  of  the
  penal law relating thereto

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Sections 130.40, 130.45 and 130.50 of  the  penal  law  are
REPEALED.
  S  2.  Subdivision  1 of section 130.00 of the penal law is amended to
read as follows:
  1. "Sexual intercourse" [has its ordinary meaning and occurs upon  any
penetration, however slight] MEANS CONDUCT BETWEEN PERSONS CONSISTING OF
CONTACT BETWEEN THE PENIS AND THE VAGINA OR VULVA.
  S  3.  Section 130.25 of the penal law, as amended by chapter 1 of the
laws of 2000, is amended to read as follows:
S 130.25 Rape in the third degree.
  A person is guilty of rape in the third degree when:
  1. He or she engages in sexual intercourse with another person who  is
incapable of consent by reason of some factor other than being less than
seventeen years old;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06040-02-5

              

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  2.  HE  OR  SHE  ENGAGES IN ORAL SEXUAL CONDUCT OR ANAL SEXUAL CONDUCT
WITH ANOTHER PERSON WHO IS INCAPABLE OF CONSENT BY REASON OF SOME FACTOR
OTHER THAN BEING LESS THAN SEVENTEEN YEARS OLD;
  3.  Being  twenty-one  years  old or more, he or she engages in sexual
intercourse with another person less than seventeen years old; [or
  3.] 4.  BEING TWENTY-ONE YEARS OLD OR MORE, HE OR SHE ENGAGES IN  ORAL
SEXUAL  CONDUCT  OR  ANAL  SEXUAL  CONDUCT WITH ANOTHER PERSON LESS THAN
SEVENTEEN YEARS OLD;
  5. He or she engages in sexual intercourse with another person without
such person's consent where such lack of consent is by  reason  of  some
factor other than incapacity to consent[.]; OR
  6.  HE  OR  SHE  ENGAGES IN ORAL SEXUAL CONDUCT OR ANAL SEXUAL CONDUCT
WITH ANOTHER PERSON WITHOUT SUCH PERSON'S CONSENT  WHERE  SUCH  LACK  OF
CONSENT IS BY REASON OF SOME FACTOR OTHER THAN INCAPACITY TO CONSENT.
  Rape in the third degree is a class E felony.
  S  4.  Section 130.30 of the penal law, as amended by chapter 1 of the
laws of 2000, is amended to read as follows:
S 130.30 Rape in the second degree.
  A person is guilty of rape in the second degree when:
  1. being eighteen years old or more,  he  or  she  engages  in  sexual
intercourse with another person less than fifteen years old; [or]
  2.  BEING EIGHTEEN YEARS OLD OR MORE, HE OR SHE ENGAGES IN ORAL SEXUAL
CONDUCT OR ANAL SEXUAL CONDUCT WITH ANOTHER  PERSON  LESS  THAN  FIFTEEN
YEARS OLD;
  3.  he or she engages in sexual intercourse with another person who is
incapable of consent by reason of being mentally  disabled  or  mentally
incapacitated[.] ; OR
  4.  HE  OR  SHE  ENGAGES IN ORAL SEXUAL CONDUCT OR ANAL SEXUAL CONDUCT
WITH ANOTHER PERSON WHO IS INCAPABLE  OF  CONSENT  BY  REASON  OF  BEING
MENTALLY DISABLED OR MENTALLY INCAPACITATED.
  It  shall be an affirmative defense to the crime of rape in the second
degree as defined in [subdivision] SUBDIVISIONS  one  AND  TWO  of  this
section  that  the  defendant  was  less  than four years older than the
victim at the time of the act.
  Rape in the second degree is a class D felony.
  S 5. Section 130.35 of the penal law, as amended by chapter 1  of  the
laws of 2000, is amended to read as follows:
S 130.35 Rape in the first degree.
  A person is guilty of rape in the first degree when:
  1. he or she engages in sexual intercourse with another person:
  [1.] (A) By forcible compulsion; or
  [2.]  (B)  Who  is  incapable of consent by reason of being physically
helpless; or
  [3.] (C) Who is less than eleven years old; or
  [4.] (D) Who is less than thirteen years old and the actor is eighteen
years old or more[.]; OR
  2. HE OR SHE ENGAGES IN ORAL SEXUAL CONDUCT  OR  ANAL  SEXUAL  CONDUCT
WITH ANOTHER PERSON:
  (A) BY FORCIBLE COMPULSION; OR
  (B)  WHO  IS  INCAPABLE OF CONSENT BY REASON OF BEING PHYSICALLY HELP-
LESS; OR
  (C) WHO IS LESS THAN ELEVEN YEARS OLD; OR
  (D) WHO IS LESS THAN THIRTEEN YEARS OLD  AND  THE  ACTOR  IS  EIGHTEEN
YEARS OLD OR MORE.
  Rape in the first degree is a class B felony.

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  S  6. Paragraph 2 of subdivision 18 of section 10.00 of the penal law,
as amended by chapter 7 of the laws of  2007,  is  amended  to  read  as
follows:
  (2) a person fourteen or fifteen years old who is criminally responsi-
ble for acts constituting the crimes defined in subdivisions one and two
of section 125.25 (murder in the second degree) and in subdivision three
of such section provided that the underlying crime for the murder charge
is  one  for which such person is criminally responsible; section 135.25
(kidnapping in the first degree); 150.20 (arson in  the  first  degree);
subdivisions  one  and  two  of  section  120.10  (assault  in the first
degree); 125.20 (manslaughter in the first  degree);  [subdivisions  one
and]  PARAGRAPHS  (A)  AND (B) OF SUBDIVISION ONE AND PARAGRAPHS (A) AND
(B) OF SUBDIVISION two of section 130.35 (rape  in  the  first  degree);
[subdivisions  one and two of section 130.50 (criminal sexual act in the
first degree);] 130.70 (aggravated sexual abuse in  the  first  degree);
140.30 (burglary in the first degree); subdivision one of section 140.25
(burglary  in  the  second degree); 150.15 (arson in the second degree);
160.15 (robbery in the first degree); subdivision two of section  160.10
(robbery  in  the  second  degree) of this chapter; or section 265.03 of
this chapter, where such machine gun or such  firearm  is  possessed  on
school  grounds,  as  that  phrase is defined in subdivision fourteen of
section 220.00 of this chapter; or defined in this chapter as an attempt
to commit murder in the second degree or kidnapping in the first degree,
or such conduct as a sexually motivated felony, where authorized  pursu-
ant to section 130.91 of [the penal law] THIS CHAPTER.
  S  7.  Subdivision  2 of section 30.00 of the penal law, as amended by
chapter 7 of the laws of 2007, is amended to read as follows:
  2. A person thirteen, fourteen or fifteen years of age  is  criminally
responsible for acts constituting murder in the second degree as defined
in  subdivisions  one and two of section 125.25 and in subdivision three
of such section provided that the underlying crime for the murder charge
is one for which such person  is  criminally  responsible  or  for  such
conduct  as  a  sexually  motivated felony, where authorized pursuant to
section 130.91 [of the penal law]; and  a  person  fourteen  or  fifteen
years  of age is criminally responsible for acts constituting the crimes
defined in section 135.25  (kidnapping  in  the  first  degree);  150.20
(arson  in the first degree); subdivisions one and two of section 120.10
(assault in  the  first  degree);  125.20  (manslaughter  in  the  first
degree);  [subdivisions  one  and] PARAGRAPHS (A) AND (B) OF SUBDIVISION
ONE AND PARAGRAPHS (A) AND (B) OF  SUBDIVISION  two  of  section  130.35
(rape  in the first degree); [subdivisions one and two of section 130.50
(criminal sexual act in the first  degree);  130.70  (aggravated  sexual
abuse  in  the  first  degree);]  140.30 (burglary in the first degree);
subdivision one of section  140.25  (burglary  in  the  second  degree);
150.15  (arson  in  the  second  degree);  160.15  (robbery in the first
degree); subdivision two  of  section  160.10  (robbery  in  the  second
degree)  of  this chapter; or section 265.03 of this chapter, where such
machine gun or such firearm is possessed  on  school  grounds,  as  that
phrase  is  defined  in  subdivision  fourteen of section 220.00 of this
chapter; or defined in this chapter as an attempt to  commit  murder  in
the second degree or kidnapping in the first degree, or for such conduct
as  a  sexually  motivated  felony, where authorized pursuant to section
130.91 of [the penal law] THIS CHAPTER.
  S 8. Paragraph (b) of subdivision 2 of section 35.15 of the penal law,
as amended by chapter 511 of the laws of 2004, is  amended  to  read  as
follows:

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  (b) He or she reasonably believes that such other person is committing
or  attempting to commit a kidnapping, forcible rape, [forcible criminal
sexual act] FORCIBLE AGGRAVATED SEXUAL ABUSE, or robbery; or
  S  9.  The opening paragraph of subdivision 3 of section 125.25 of the
penal law, as amended by chapter 264 of the laws of 2003, is amended  to
read as follows:
  Acting  either  alone or with one or more other persons, he commits or
attempts to commit robbery, burglary, kidnapping,  arson,  rape  in  the
first degree, [criminal sexual act in the first degree,] sexual abuse in
the  first  degree, aggravated sexual abuse, escape in the first degree,
or escape in the second degree, and, in the course of and in furtherance
of such crime or of immediate flight therefrom, he, or  another  partic-
ipant,  if  there be any, causes the death of a person other than one of
the participants; except that in any prosecution under this subdivision,
in which the defendant was not the only participant  in  the  underlying
crime, it is an affirmative defense that the defendant:
  S  10. Paragraphs (a) and (c) of subdivision 1 of section 70.02 of the
penal law, paragraph (a) as amended by chapter 320 of the laws  of  2006
and  paragraph  (c)  as  amended  by  chapter 1 of the laws of 2013, are
amended to read as follows:
  (a) Class B violent felony offenses: an attempt to  commit  the  class
A-I  felonies  of  murder  in  the  second  degree as defined in section
125.25, kidnapping in the first degree as defined in section 135.25, and
arson in the first degree as defined in section 150.20; manslaughter  in
the  first  degree as defined in section 125.20, aggravated manslaughter
in the first degree as defined in section  125.22,  rape  in  the  first
degree  as  defined in section 130.35, [criminal sexual act in the first
degree as defined in section 130.50,] aggravated  sexual  abuse  in  the
first  degree  as  defined  in  section 130.70, course of sexual conduct
against a child in the  first  degree  as  defined  in  section  130.75;
assault  in the first degree as defined in section 120.10, kidnapping in
the second degree as defined in section 135.20, burglary  in  the  first
degree  as  defined  in  section  140.30,  arson in the second degree as
defined in section 150.15, robbery in the first  degree  as  defined  in
section 160.15, incest in the first degree as defined in section 255.27,
criminal  possession  of  a  weapon  in  the  first degree as defined in
section 265.04, criminal use of a firearm in the first degree as defined
in section 265.09, criminal sale of a firearm in  the  first  degree  as
defined in section 265.13, aggravated assault upon a police officer or a
peace  officer  as  defined in section 120.11, gang assault in the first
degree as defined in section 120.07, intimidating a victim or witness in
the first degree as defined in section 215.17, hindering prosecution  of
terrorism  in  the  first  degree as defined in section 490.35, criminal
possession of a chemical weapon  or  biological  weapon  in  the  second
degree  as  defined  in  section  490.40, and criminal use of a chemical
weapon or biological weapon in the third degree as  defined  in  section
490.47.
  (c)  Class  D violent felony offenses: an attempt to commit any of the
class C felonies set forth in paragraph (b); reckless assault of a child
as defined in section 120.02, assault in the second degree as defined in
section 120.05, menacing a police officer or peace officer as defined in
section 120.18, stalking in the first degree, as defined in  subdivision
one  of section 120.60, strangulation in the second degree as defined in
section 121.12, rape in the second degree as defined in section  130.30,
[criminal sexual act in the second degree as defined in section 130.45,]
sexual abuse in the first degree as defined in section 130.65, course of

A. 4959                             5

sexual  conduct  against  a  child  in  the  second degree as defined in
section 130.80, aggravated sexual abuse in the third degree  as  defined
in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
substance  as defined in section 130.90, criminal possession of a weapon
in the third degree as defined in subdivision five, six,  seven,  eight,
nine  or  ten of section 265.02, criminal sale of a firearm in the third
degree as defined in section 265.11, intimidating a victim or witness in
the second degree as defined in section 215.16, soliciting or  providing
support  for  an  act  of  terrorism  in the second degree as defined in
section 490.10, and making a terroristic threat as  defined  in  section
490.20,  falsely reporting an incident in the first degree as defined in
section 240.60, placing a false bomb or hazardous substance in the first
degree as defined in section 240.62, placing a false bomb  or  hazardous
substance  in a sports stadium or arena, mass transportation facility or
enclosed shopping mall as defined in section 240.63, [and] OR aggravated
unpermitted use of indoor pyrotechnics in the first degree as defined in
section 405.18.
  S 11. Paragraph b of subdivision 5 of section 120.40 of the penal law,
as amended by chapter 320 of the laws of 2006, is  amended  to  read  as
follows:
  b.  a  crime  defined  in  section  130.20,  130.25,  130.30, [130.40,
130.45,] 130.55, 130.60, 130.70, 255.25, 255.26 or 255.27;
  S 12. Paragraph (d) of subdivision 2 and paragraph (h) of  subdivision
3  of section 130.05 of the penal law, paragraph (d) of subdivision 2 as
amended by chapter 40 of the laws of 2004 and paragraph (h) of  subdivi-
sion  3  as amended by section 2 of part G of chapter 501 of the laws of
2012, are amended to read as follows:
  (d) Where the offense charged is rape in the third degree  as  defined
in  [subdivision three] SUBDIVISIONS FIVE AND SIX of section 130.25, [or
criminal sexual act in the third degree as defined in subdivision  three
of  section  130.40,]  in addition to forcible compulsion, circumstances
under which, at the time of the act of intercourse, oral sexual  conduct
or  anal sexual conduct, the victim clearly expressed that he or she did
not consent to engage in such  act,  and  a  reasonable  person  in  the
actor's  situation would have understood such person's words and acts as
an expression of lack of consent to  such  act  under  all  the  circum-
stances.
  (h)  a  client  or  patient and the actor is a health care provider or
mental health care provider charged with rape in  the  third  degree  as
defined  in  section 130.25, [criminal sexual act in the third degree as
defined in section 130.40,] aggravated sexual abuse in the fourth degree
as defined in section 130.65-a, or sexual abuse in the third  degree  as
defined in section 130.55, and the act of sexual conduct occurs during a
treatment session, consultation, interview, or examination; or
  S  13. The opening paragraph of subdivision 3 of section 125.25 of the
penal law, as amended by chapter 264 of the laws of 2003, is amended  to
read as follows:
  Acting  either  alone or with one or more other persons, he commits or
attempts to commit robbery, burglary, kidnapping,  arson,  rape  in  the
first degree, [criminal sexual act in the first degree], sexual abuse in
the  first  degree, aggravated sexual abuse, escape in the first degree,
or escape in the second degree, and, in the course of and in furtherance
of such crime or of immediate flight therefrom, he, or  another  partic-
ipant,  if  there be any, causes the death of a person other than one of
the participants; except that in any prosecution under this subdivision,

A. 4959                             6

in which the defendant was not the only participant  in  the  underlying
crime, it is an affirmative defense that the defendant:
  S  14. Subdivision 5 of section 125.25 of the penal law, as amended by
chapter 320 of the laws of 2006, is amended to read as follows:
  5. Being eighteen years old or more, while in the course of committing
rape in the first, second or third degree, [criminal sexual act  in  the
first, second or third degree,] sexual abuse in the first degree, aggra-
vated  sexual  abuse  in  the  first, second, third or fourth degree, or
incest in the first, second or third degree, against a person less  than
fourteen  years  old,  he  or she intentionally causes the death of such
person.
  S 15. Subparagraph (vii) of paragraph (a) of subdivision 1 of  section
125.27  of the penal law, as amended by chapter 264 of the laws of 2003,
is amended to read as follows:
  (vii) the victim was killed while the defendant was in the  course  of
committing  or  attempting  to  commit  and  in  furtherance of robbery,
burglary in the first degree or second degree, kidnapping in  the  first
degree,  arson  in  the first degree or second degree, rape in the first
degree, [criminal sexual act in the first degree,] sexual abuse  in  the
first  degree,  aggravated sexual abuse in the first degree or escape in
the first degree, or in the  course  of  and  furtherance  of  immediate
flight after committing or attempting to commit any such crime or in the
course of and furtherance of immediate flight after attempting to commit
the  crime  of murder in the second degree; provided however, the victim
is not a participant in one of the aforementioned crimes  and,  provided
further  that,  unless  the  defendant's  criminal  liability under this
subparagraph is based upon the defendant having commanded another person
to cause the death of the victim or intended victim pursuant to  section
20.00  of  this  chapter,  this  subparagraph  shall not apply where the
defendant's criminal liability is based  upon  the  conduct  of  another
pursuant to section 20.00 of this chapter; or
  S  16.  Paragraph  (d) of subdivision 2 of section 130.05 of the penal
law, as amended by chapter 40 of the laws of 2004, is amended to read as
follows:
  (d) Where the offense charged is rape in the third degree  as  defined
in  [subdivision three] SUBDIVISIONS FIVE AND SIX of section 130.25, [or
criminal sexual act in the third degree as defined in subdivision  three
of  section  130.40,]  in addition to forcible compulsion, circumstances
under which, at the time of the act of intercourse, oral sexual  conduct
or  anal sexual conduct, the victim clearly expressed that he or she did
not consent to engage in such  act,  and  a  reasonable  person  in  the
actor's  situation would have understood such person's words and acts as
an expression of lack of consent to  such  act  under  all  the  circum-
stances.
  S  17.  Paragraph  (h) of subdivision 3 of section 130.05 of the penal
law, as amended by section 2 of part G of chapter 501  of  the  laws  of
2012, is amended to read as follows:
  (h)  a  client  or  patient and the actor is a health care provider or
mental health care provider charged with rape in  the  third  degree  as
defined  in  section 130.25, [criminal sexual act in the third degree as
defined in section 130.40,] aggravated sexual abuse in the fourth degree
as defined in section 130.65-a, or sexual abuse in the third  degree  as
defined in section 130.55, and the act of sexual conduct occurs during a
treatment session, consultation, interview, or examination; or
  S  18. Subdivision 3 of section 130.10 of the penal law, as amended by
chapter 264 of the laws of 2003, is amended to read as follows:

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  3. In any prosecution for the crime of rape in  the  third  degree  as
defined  in  section 130.25, [criminal sexual act in the third degree as
defined in section 130.40,] aggravated sexual abuse in the fourth degree
as defined in section 130.65-a, or sexual abuse in the third  degree  as
defined in section 130.55 in which incapacity to consent is based on the
circumstances set forth in paragraph (h) of subdivision three of section
130.05  of  this  article  it  shall  be an affirmative defense that the
client or patient consented to such conduct charged  after  having  been
expressly advised by the health care or mental health care provider that
such conduct was not performed for a valid medical purpose.
  S 19. The opening paragraph and subdivision 2 of section 130.95 of the
penal  law,  as added by chapter 107 of the laws of 2006, are amended to
read as follows:
  A person is guilty of predatory sexual assault when he or she  commits
the crime of rape in the first degree, [criminal sexual act in the first
degree,] aggravated sexual abuse in the first degree, or course of sexu-
al conduct against a child in the first degree, as defined in this arti-
cle, and when:
  2.  He or she has engaged in conduct constituting the crime of rape in
the first degree, [criminal sexual act in the first degree,]  aggravated
sexual  abuse in the first degree, or course of sexual conduct against a
child in the first degree, as defined in this article,  against  one  or
more additional persons; or
  S  20.  The  opening  paragraph of section 130.96 of the penal law, as
added by chapter 107 of the laws of 2006, is amended to read as follows:
  A person is guilty of predatory sexual assault against a  child  when,
being eighteen years old or more, he or she commits the crime of rape in
the  first degree, [criminal sexual act in the first degree,] aggravated
sexual abuse in the first degree, or course of sexual conduct against  a
child in the first degree, as defined in this article, and the victim is
less than thirteen years old.
  S  21.  Subdivision  2 of section 240.75 of the penal law, as added by
section 2 of part D of chapter 491 of the laws of 2012,  is  amended  to
read as follows:
  2.  A  "specified  offense"  is  an  offense defined in section 120.00
(assault in the third degree); section 120.05  (assault  in  the  second
degree);  section  120.10  (assault in the first degree); section 120.13
(menacing in the first degree); section 120.14 (menacing in  the  second
degree);  section  120.15 (menacing in the third degree); section 120.20
(reckless endangerment in the second degree); section  120.25  (reckless
endangerment  in  the  first  degree);  section  120.45 (stalking in the
fourth degree); section 120.50 (stalking in the third  degree);  section
120.55  (stalking in the second degree); section 120.60 (stalking in the
first degree); section 121.11  (criminal  obstruction  of  breathing  or
blood circulation); section 121.12 (strangulation in the second degree);
section  121.13  (strangulation in the first degree); subdivision one of
section 125.15 (manslaughter in the second degree); subdivision one, two
or four of section 125.20 (manslaughter in the  first  degree);  section
125.25  (murder  in  the  second degree); section 130.20 (sexual miscon-
duct); SECTION 130.25 (RAPE IN THE THIRD DEGREE); section  130.30  (rape
in  the  second  degree);  section  130.35  (rape  in the first degree);
[section 130.40 (criminal sexual  act  in  the  third  degree);  section
130.45 (criminal sexual act in the second degree); section 130.50 (crim-
inal  sexual  act in the first degree);] section 130.52 (forcible touch-
ing); section 130.53 (persistent sexual abuse); section  130.55  (sexual
abuse  in  the third degree); section 130.60 (sexual abuse in the second

A. 4959                             8

degree); section 130.65 (sexual abuse  in  the  first  degree);  section
130.66  (aggravated  sexual  abuse  in the third degree); section 130.67
(aggravated sexual abuse in the second degree); section  130.70  (aggra-
vated  sexual abuse in the first degree); section 130.91 (sexually moti-
vated felony); section 130.95 (predatory sexual assault); section 130.96
(predatory sexual assault against a  child);  section  135.05  (unlawful
imprisonment  in  the second degree); section 135.10 (unlawful imprison-
ment in the first  degree);  section  135.60  (coercion  in  the  second
degree);  section  135.65 (coercion in the first degree); section 140.20
(burglary in the third degree); section 140.25 (burglary in  the  second
degree);  section  140.30 (burglary in the first degree); section 145.00
(criminal mischief in  the  fourth  degree);  section  145.05  (criminal
mischief  in the third degree); section 145.10 (criminal mischief in the
second degree); section 145.12 (criminal mischief in the first  degree);
section  145.14 (criminal tampering in the third degree); section 215.50
(criminal contempt in  the  second  degree);  section  215.51  (criminal
contempt  in  the  first  degree);  section  215.52 (aggravated criminal
contempt); section 240.25 (harassment in the first degree);  subdivision
one,  two or four of section 240.30 (aggravated harassment in the second
degree); aggravated family offense as defined in  this  section  or  any
attempt  or conspiracy to commit any of the foregoing offenses where the
defendant and the person against whom the  offense  was  committed  were
members of the same family or household as defined in subdivision one of
section 530.11 of the criminal procedure law.
  S  22. Section 255.26 of the penal law, as added by chapter 320 of the
laws of 2006, is amended to read as follows:
S 255.26 Incest in the second degree.
  A person is guilty of incest in the  second  degree  when  he  or  she
commits  the  crime  of rape in the second degree, as defined in section
130.30 of this part, [or criminal sexual act in the  second  degree,  as
defined in section 130.45 of this part,] against a person whom he or she
knows  to  be related to him or her, whether through marriage or not, as
an ancestor, descendant, brother or sister of either the  whole  or  the
half blood, uncle, aunt, nephew or niece.
  Incest in the second degree is a class D felony.
  S  23. Section 255.27 of the penal law, as added by chapter 320 of the
laws of 2006, is amended to read as follows:
S 255.27 Incest in the first degree.
  A person is guilty of incest in  the  first  degree  when  he  or  she
commits  the  crime of rape in the first degree, as defined in PARAGRAPH
(C) OR (D) OF subdivision [three or four] ONE AND PARAGRAPH (C)  OR  (D)
OF  SUBDIVISION  TWO of section 130.35 of this part[, or criminal sexual
act in the first degree, as defined in  subdivision  three  or  four  of
section  130.50  of this part,] against a person whom he or she knows to
be related to him or her, whether through marriage or not, as an  ances-
tor,  descendant,  brother  or sister of either the whole or half blood,
uncle, aunt, nephew or niece.
  Incest in the first degree is a class B felony.
  S 24. Subdivision 3 of section 485.05 of the penal law, as amended  by
chapter 405 of the laws of 2010, is amended to read as follows:
  3. A "specified offense" is an offense defined by any of the following
provisions  of  this  chapter:  section  120.00  (assault  in  the third
degree); section 120.05 (assault in the second degree);  section  120.10
(assault in the first degree); section 120.12 (aggravated assault upon a
person  less  than  eleven  years  old); section 120.13 (menacing in the
first degree); section 120.14 (menacing in the second  degree);  section

A. 4959                             9

120.15  (menacing  in the third degree); section 120.20 (reckless endan-
germent in the second degree); section 120.25 (reckless endangerment  in
the  first degree); section 121.12 (strangulation in the second degree);
section  121.13  (strangulation in the first degree); subdivision one of
section 125.15 (manslaughter in the second degree); subdivision one, two
or four of section 125.20 (manslaughter in the  first  degree);  section
125.25  (murder  in  the second degree); section 120.45 (stalking in the
fourth degree); section 120.50 (stalking in the third  degree);  section
120.55  (stalking in the second degree); section 120.60 (stalking in the
first degree); PARAGRAPH (A) OF subdivision one  AND  PARAGRAPH  (A)  OF
SUBDIVISION  TWO of section 130.35 (rape in the first degree); [subdivi-
sion one of section 130.50 (criminal sexual act in the  first  degree);]
subdivision  one  of  section 130.65 (sexual abuse in the first degree);
paragraph (a) of subdivision one of section  130.67  (aggravated  sexual
abuse in the second degree); paragraph (a) of subdivision one of section
130.70  (aggravated  sexual  abuse  in the first degree); section 135.05
(unlawful imprisonment in the second degree); section  135.10  (unlawful
imprisonment  in  the  first  degree); section 135.20 (kidnapping in the
second degree); section 135.25 (kidnapping in the first degree); section
135.60 (coercion in the second degree); section 135.65 (coercion in  the
first  degree);  section 140.10 (criminal trespass in the third degree);
section 140.15 (criminal trespass in the second degree); section  140.17
(criminal trespass in the first degree); section 140.20 (burglary in the
third  degree);  section 140.25 (burglary in the second degree); section
140.30 (burglary in the first degree); section 145.00 (criminal mischief
in the fourth degree); section 145.05 (criminal mischief  in  the  third
degree);  section  145.10  (criminal  mischief  in  the  second degree);
section 145.12 (criminal mischief in the first degree);  section  150.05
(arson  in  the  fourth  degree);  section  150.10  (arson  in the third
degree); section 150.15 (arson in the  second  degree);  section  150.20
(arson  in  the  first  degree); section 155.25 (petit larceny); section
155.30 (grand larceny in  the  fourth  degree);  section  155.35  (grand
larceny  in  the  third  degree);  section  155.40 (grand larceny in the
second degree); section 155.42 (grand  larceny  in  the  first  degree);
section 160.05 (robbery in the third degree); section 160.10 (robbery in
the  second  degree);  section  160.15  (robbery  in  the first degree);
section 240.25 (harassment in the first degree); subdivision one, two or
four of section 240.30 (aggravated harassment in the second degree);  or
any attempt or conspiracy to commit any of the foregoing offenses.
  S 25. Subdivision 42 of section 1.20 of the criminal procedure law, as
amended by chapter 7 of the laws of 2007, is amended to read as follows:
  42.  "Juvenile offender" means (1) a person, thirteen years old who is
criminally responsible for acts constituting murder in the second degree
as defined in subdivisions one and two of section 125.25  of  the  penal
law,  or  such  conduct as a sexually motivated felony, where authorized
pursuant to section 130.91 of the penal law; and (2) a  person  fourteen
or fifteen years old who is criminally responsible for acts constituting
the crimes defined in subdivisions one and two of section 125.25 (murder
in  the second degree) and in subdivision three of such section provided
that the underlying crime for the murder charge is one  for  which  such
person  is  criminally  responsible;  section  135.25 (kidnapping in the
first degree); 150.20 (arson in the first degree); subdivisions one  and
two of section 120.10 (assault in the first degree); 125.20 (manslaught-
er  in  the first degree); [subdivisions one and] PARAGRAPHS (A) AND (B)
OF SUBDIVISION ONE AND PARAGRAPHS (A) AND  (B)  OF  SUBDIVISION  two  of
section  130.35 (rape in the first degree); [subdivisions one and two of

A. 4959                            10

section 130.50 (criminal  sexual  act  in  the  first  degree);]  130.70
(aggravated  sexual  abuse in the first degree); 140.30 (burglary in the
first degree); subdivision one of section 140.25 (burglary in the second
degree);  150.15  (arson  in  the second degree); 160.15 (robbery in the
first degree); subdivision two of section 160.10 (robbery in the  second
degree) of the penal law; or section 265.03 of the penal law, where such
machine  gun  or  such  firearm  is possessed on school grounds, as that
phrase is defined in subdivision fourteen of section 220.00 of the penal
law; or defined in the penal law as an attempt to commit murder  in  the
second  degree  or  kidnapping in the first degree, or such conduct as a
sexually motivated felony, where authorized pursuant to  section  130.91
of the penal law.
  S 26. Intentionally omitted.
  S  27.  Paragraphs (a) and (b) of subdivision 1, the opening paragraph
of subdivision 2 and paragraph (a) of subdivision 3 of section 140.20 of
the criminal procedure law, paragraphs (a) and (b) of subdivision  1  as
amended  by  chapter  324  of the laws of 1988, the opening paragraph of
subdivision 2 and paragraph (a) of subdivision 3 as amended  by  chapter
550 of the laws of 1987, are amended to read as follows:
  (a)  If  the  arrest is for an offense other than a class A, B, C or D
felony or a violation  of  section  130.25,  [130.40,]  205.10,  205.17,
205.19  or  215.56  of  the  penal law committed in a town, but not in a
village thereof having a village court, and the town court of such  town
is  not available at the time, the arrested person may be brought before
the local criminal court of any village within such town or, any adjoin-
ing town, village embraced in whole or in part by such  adjoining  town,
or city of the same county; and
  (b)  If  the  arrest is for an offense other than a class A, B, C or D
felony or a violation  of  section  130.25,  [130.40,]  205.10,  205.17,
205.19  or  215.56  of  the  penal  law  committed in a village having a
village court and such court is not available at the time, the  arrested
person  may  be brought before the town court of the town embracing such
village or any other village court within such town, or, if such town or
village court is not available either, before the local  criminal  court
of  any  adjoining  town,  village  embraced in whole or in part by such
adjoining town, or city of the same county; and
  If the arrest is for an offense other than a class A, B, C or D felony
or a violation of section 130.25, [130.40,] 205.10,  205.17,  205.19  or
215.56  of the penal law, the arrested person need not be brought before
a local criminal court as provided in subdivision one, and the procedure
may instead be as follows:
  (a) the arrest is for an offense other than a class A, B, C or D felo-
ny or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or
215.56 of the penal law, and
  S 28. Paragraph (a) of subdivision 3  and  the  opening  paragraph  of
subdivision  4  of  section  140.27  of  the  criminal procedure law, as
amended by chapter 550 of the laws of  1987,  are  amended  to  read  as
follows:
  (a) the arrest is for an offense other than a class A, B, C or D felo-
ny or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or
215.56 of the penal law and
  If the arrest is for an offense other than a class A, B, C or D felony
or  a  violation  of section 130.25, [130.40,] 205.10, 205.17, 205.19 or
215.56 of the penal law, the arrested person need not be brought  before
a local criminal court as provided in subdivision two, and the procedure
may instead be as follows:

A. 4959                            11

  S  29.  Paragraph  (a)  of  subdivision 2 and the opening paragraph of
subdivision 3 of section  140.40  of  the  criminal  procedure  law,  as
amended  by  chapter  550  of  the  laws of 1987, are amended to read as
follows:
  (a) the arrest is for an offense other than a class A, B, C or D felo-
ny or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or
215.56 of the penal law and
  If the arrest is for an offense other than a class A, B, C or D felony
or  a  violation  of section 130.25, [130.40,] 205.10, 205.17, 205.19 or
215.56 of the penal law, the arrested person need not be brought  before
a  local  criminal court, as provided in subdivision one, and the proce-
dure may instead be as follows:
  S 30. Section 150.20 of the criminal procedure law, subdivisions 1,  2
and  3 as amended by chapter 550 of the laws of 1987, is amended to read
as follows:
S 150.20 Appearance ticket; when and by whom issuable.
  1. Whenever a police officer is authorized pursuant to section  140.10
to  arrest  a person without a warrant for an offense other than a class
A, B, C or D felony or a violation of section 130.25, [130.40,]  205.10,
205.17,  205.19  or  215.56  of  the  penal  law, he may, subject to the
provisions of subdivisions three and four  of  section  150.40,  instead
issue to and serve upon such person an appearance ticket.
  2.  (a)    Whenever  a  police officer has arrested a person without a
warrant for an offense other than a class A, B,  C  or  D  felony  or  a
violation  of section 130.25, [130.40,] 205.10, 205.17, 205.19 or 215.56
of the penal law pursuant to section 140.10,   or (b) whenever  a  peace
officer, who is not authorized by law to issue an appearance ticket, has
arrested  a person for an offense other than a class A, B, C or D felony
or a violation of section 130.25, [130.40,] 205.10,  205.17,  205.19  or
215.56  of the penal law pursuant to section 140.25, and has requested a
police officer to issue and serve upon such arrested person  an  appear-
ance ticket pursuant to subdivision four of section 140.27, or (c) when-
ever  a person has been arrested for an offense other than a class A, B,
C or D felony or  a  violation  of  section  130.25,  [130.40,]  205.10,
205.17,  205.19 or 215.56 of the penal law and has been delivered to the
custody of an appropriate police officer  pursuant  to  section  140.40,
such  police officer may, instead of bringing such person before a local
criminal court and promptly filing or causing the arresting peace  offi-
cer  or  arresting  person  to  file  a  local criminal court accusatory
instrument therewith, issue to and serve upon such person an  appearance
ticket.    The  issuance  and service of an appearance ticket under such
circumstances may be conditioned upon a deposit of pre-arraignment bail,
as provided in section 150.30.
  3.  A public servant other than a police  officer,  who  is  specially
authorized  by state law or local law enacted pursuant to the provisions
of the municipal home rule law to issue  and  serve  appearance  tickets
with  respect to designated offenses other than class A, B, C or D felo-
nies or violations of section 130.25, [130.40,] 205.10,  205.17,  205.19
or  215.56  of  the  penal law, may in such cases issue and serve upon a
person an appearance ticket when he has reasonable cause to believe that
such person has committed a crime, or has committed a petty  offense  in
his presence.
  S  31.  Subdivision 4 of section 180.75 of the criminal procedure law,
as amended by chapter 264 of the laws of 2003, is  amended  to  read  as
follows:

A. 4959                            12

  4.  Notwithstanding  the  provisions  of subdivisions two and three of
this section, a local criminal  court  shall,  at  the  request  of  the
district  attorney, order removal of an action against a juvenile offen-
der to the family court pursuant to  the  provisions  of  article  seven
hundred twenty-five of this chapter if, upon consideration of the crite-
ria  specified  in subdivision two of section 210.43 of this chapter, it
is determined that to do so  would  be  in  the  interests  of  justice.
Where,  however, the felony complaint charges the juvenile offender with
murder in the second degree as defined in section 125.25  of  the  penal
law, rape in the first degree as defined in PARAGRAPH (A) OF subdivision
one  OR  PARAGRAPH (A) OF SUBDIVISION TWO of section 130.35 of the penal
law, [criminal sexual act in the first degree as defined in  subdivision
one  of  section 130.50 of the penal law,] or an armed felony as defined
in paragraph (a) of subdivision forty-one of section 1.20 of this  chap-
ter,  a  determination  that  such action be removed to the family court
shall, in addition, be based upon a  finding  of  one  or  more  of  the
following  factors: (i) mitigating circumstances that bear directly upon
the manner in which the crime was committed; or (ii) where the defendant
was not the sole participant in the crime, the defendant's participation
was relatively minor although not so minor as to constitute a defense to
the prosecution; or (iii) possible deficiencies in proof of the crime.
  S 32. Subdivision (a) of section 190.71 of the criminal procedure law,
as amended by chapter 7 of the laws of  2007,  is  amended  to  read  as
follows:
  (a)  Except  as  provided in subdivision six of section 200.20 of this
chapter, a grand jury may not indict (i) a person thirteen years of  age
for any conduct or crime other than conduct constituting a crime defined
in  subdivisions  one  and  two  of section 125.25 (murder in the second
degree) or such conduct as a sexually motivated felony, where authorized
pursuant to section 130.91 of the penal law; (ii) a person  fourteen  or
fifteen years of age for any conduct or crime other than conduct consti-
tuting  a  crime  defined  in subdivisions one and two of section 125.25
(murder in the second degree) and in subdivision three of  such  section
provided  that  the  underlying  crime  for the murder charge is one for
which such person is criminally responsible; 135.25 (kidnapping  in  the
first  degree); 150.20 (arson in the first degree); subdivisions one and
two of section 120.10 (assault in the first degree); 125.20 (manslaught-
er in the first degree); [subdivisions one and] PARAGRAPHS (A)  AND  (B)
OF  SUBDIVISION  ONE  AND  PARAGRAPHS  (A) AND (B) OF SUBDIVISION two of
section 130.35 (rape in the first degree); [subdivisions one and two  of
section  130.50  (criminal  sexual  act  in  the  first degree);] 130.70
(aggravated sexual abuse in the first degree); 140.30 (burglary  in  the
first degree); subdivision one of section 140.25 (burglary in the second
degree);  150.15  (arson  in  the second degree); 160.15 (robbery in the
first degree); subdivision two of section 160.10 (robbery in the  second
degree)  of  the  penal  law; [subdivision four of section 265.02 of the
penal law, where such firearm is possessed on school  grounds,  as  that
phrase is defined in subdivision fourteen of section 220.00 of the penal
law;] or section 265.03 of the penal law, where such machine gun or such
firearm  is  possessed  on  school grounds, as that phrase is defined in
subdivision fourteen of section 220.00 of the penal law; or  defined  in
the  penal  law  as  an attempt to commit murder in the second degree or
kidnapping in the first degree, or such conduct as a sexually  motivated
felony, where authorized pursuant to section 130.91 of the penal law.

A. 4959                            13

  S 33. Paragraph (b) of subdivision 1 of section 210.43 of the criminal
procedure law, as amended by chapter 264 of the laws of 2003, is amended
to read as follows:
  (b)  with  the  consent  of the district attorney, order removal of an
action involving an indictment charging a juvenile offender with  murder
in the second degree as defined in section 125.25 of the penal law; rape
in  the first degree, as defined in PARAGRAPH (A) OF subdivision one AND
PARAGRAPH (A) OF SUBDIVISION TWO of section 130.35  of  the  penal  law;
[criminal  sexual act in the first degree, as defined in subdivision one
of section 130.50 of the penal law;] or an armed felony  as  defined  in
paragraph  (a)  of  subdivision forty-one of section 1.20, to the family
court pursuant to the provisions of article seven hundred twenty-five of
this chapter if the court finds one or more of  the  following  factors:
(i) mitigating circumstances that bear directly upon the manner in which
the  crime  was  committed;  (ii)  where  the defendant was not the sole
participant in the crime, the defendant's participation  was  relatively
minor  although  not  so  minor as to constitute a defense to the prose-
cution; or (iii) possible deficiencies in the proof of the  crime,  and,
after  consideration of the factors set forth in subdivision two of this
section, the court determined that removal of the action to  the  family
court would be in the interests of justice.
  S 34.  Subparagraph (iii) of paragraph (g) of subdivision 5 of section
220.10  of  the criminal procedure law, as amended by chapter 264 of the
laws of 2003, is amended to read as follows:
  (iii) Where the indictment  does  not  charge  a  crime  specified  in
subparagraph  (i) of this paragraph, the district attorney may recommend
removal of the action to the family court. Upon making such  recommenda-
tion  the district attorney shall submit a subscribed memorandum setting
forth: (1) a recommendation that the interests of justice would best  be
served  by  removal  of  the  action to the family court; and (2) if the
indictment charges a thirteen year old with the crime of murder  in  the
second degree, or a fourteen or fifteen year old with the crimes of rape
in  the  first degree as defined in PARAGRAPH (A) OF subdivision one AND
PARAGRAPH (A) OF SUBDIVISION TWO of section 130.35 of the penal law, [or
criminal sexual act in the first degree as defined in subdivision one of
section 130.50 of the penal law,] or an armed felony as defined in para-
graph (a) of subdivision forty-one  of  section  1.20  of  this  chapter
specific factors, one or more of which reasonably supports the recommen-
dation,  showing,  (i)  mitigating circumstances that bear directly upon
the manner in which the crime was committed, or (ii) where the defendant
was not the sole participant in the crime, that the defendant's  partic-
ipation  was  relatively  minor although not so minor as to constitute a
defense to the prosecution, or (iii) possible deficiencies in  proof  of
the  crime,  or (iv) where the juvenile offender has no previous adjudi-
cations of having committed a  designated  felony  act,  as  defined  in
subdivision  eight  of section 301.2 of the family court act, regardless
of the age of the offender at the time of commission of  the  act,  that
the  criminal act was not part of a pattern of criminal behavior and, in
view of the history of the offender, is not likely to be repeated.
  S 35. Subdivision 6 of section 300.50 of the criminal  procedure  law,
as  amended  by  chapter  264 of the laws of 2003, is amended to read as
follows:
  6. For purposes of this section, the offenses of  rape  in  the  third
degree  as  defined  in [subdivision three] SUBDIVISIONS FIVE AND SIX of
section 130.25 of the penal law [and criminal sexual act  in  the  third
degree  as  defined  in subdivision three of section 130.40 of the penal

A. 4959                            14

law], are not lesser included offenses of rape  in  the  first  degree[,
criminal  sexual act in the first degree] or any other offense. Notwith-
standing the foregoing, either such offense may be submitted as a lesser
included  offense  of the applicable first degree offense when (i) there
is a reasonable view of the evidence which would support a finding  that
the  defendant  committed  such  lesser  offense  but did not commit the
greater offense, and (ii) both parties consent to its submission.
  S 36. Subdivision 6 of section 380.50 of the criminal  procedure  law,
as  amended  by  chapter  320 of the laws of 2006, is amended to read as
follows:
  6. Regardless of whether the victim requests to make a statement  with
regard to the defendant's sentence, where the defendant is sentenced for
a violent felony offense as defined in section 70.02 of the penal law or
a  felony  defined in article one hundred twenty-five of such law or any
of the  following  provisions  of  such  law  sections  130.25,  130.30,
[130.40,  130.45,]  255.25,  255.26,  255.27, article two hundred sixty-
three, 135.10, 135.25, 230.05, 230.06, subdivision two of section 230.30
or 230.32, the prosecutor shall, within sixty days of the imposition  of
sentence,  provide  the victim with a form on which the victim may indi-
cate a demand to be informed of any petition to change the name of  such
defendant.    Such  forms  shall  be maintained by such prosecutor. Upon
receipt of a notice of a petition to change the name of any such defend-
ant, pursuant to subdivision two  of  section  sixty-two  of  the  civil
rights  law, the prosecutor shall promptly notify the victim at the most
current address or telephone number provided by such victim in the  most
reasonable  and  expedient  possible  manner  of the time and place such
petition will be presented to the court.
  S 37. Paragraph (b) of subdivision 8 of section 700.05 of the criminal
procedure law, as amended by chapter 405 of the laws of 2010, is amended
to read as follows:
  (b) Any of the following felonies: assault in  the  second  degree  as
defined  in section 120.05 of the penal law, assault in the first degree
as defined in section 120.10 of the penal law, reckless endangerment  in
the  first degree as defined in section 120.25 of the penal law, promot-
ing a suicide attempt as defined in section 120.30  of  the  penal  law,
strangulation  in  the second degree as defined in section 121.12 of the
penal law, strangulation in the  first  degree  as  defined  in  section
121.13  of  the  penal  law, criminally negligent homicide as defined in
section 125.10 of the penal law, manslaughter in the  second  degree  as
defined  in  section  125.15 of the penal law, manslaughter in the first
degree as defined in section 125.20 of the  penal  law,  murder  in  the
second  degree  as defined in section 125.25 of the penal law, murder in
the first degree as defined in section 125.27 of the penal law, abortion
in the second degree as defined in section  125.40  of  the  penal  law,
abortion  in  the first degree as defined in section 125.45 of the penal
law, rape in the third degree as defined in section 130.25 of the  penal
law, rape in the second degree as defined in section 130.30 of the penal
law,  rape in the first degree as defined in section 130.35 of the penal
law, [criminal sexual act in the third  degree  as  defined  in  section
130.40  of  the  penal  law, criminal sexual act in the second degree as
defined in section 130.45 of the penal law, criminal sexual act  in  the
first  degree  as  defined  in  section 130.50 of the penal law,] sexual
abuse in the first degree as defined in section 130.65 of the penal law,
unlawful imprisonment in the first degree as defined in  section  135.10
of  the penal law, kidnapping in the second degree as defined in section
135.20 of the penal law, kidnapping in the first degree  as  defined  in

A. 4959                            15

section 135.25 of the penal law, labor trafficking as defined in section
135.35  of  the penal law, custodial interference in the first degree as
defined in section 135.50 of the penal law, coercion in the first degree
as  defined in section 135.65 of the penal law, criminal trespass in the
first degree as defined in section 140.17 of the penal law, burglary  in
the third degree as defined in section 140.20 of the penal law, burglary
in  the  second  degree  as  defined in section 140.25 of the penal law,
burglary in the first degree as defined in section 140.30 of  the  penal
law,  criminal mischief in the third degree as defined in section 145.05
of the penal law, criminal mischief in the second degree as  defined  in
section  145.10  of the penal law, criminal mischief in the first degree
as defined in section 145.12 of the penal law, criminal tampering in the
first degree as defined in section 145.20 of the penal law, arson in the
fourth degree as defined in section 150.05 of the penal  law,  arson  in
the third degree as defined in section 150.10 of the penal law, arson in
the  second  degree as defined in section 150.15 of the penal law, arson
in the first degree as defined in section 150.20 of the penal law, grand
larceny in the fourth degree as defined in section 155.30 of  the  penal
law,  grand  larceny in the third degree as defined in section 155.35 of
the penal law, grand larceny in the second degree as defined in  section
155.40 of the penal law, grand larceny in the first degree as defined in
section  155.42 of the penal law, health care fraud in the fourth degree
as defined in section 177.10 of the penal law, health care fraud in  the
third  degree as defined in section 177.15 of the penal law, health care
fraud in the second degree as defined in section  177.20  of  the  penal
law,  health care fraud in the first degree as defined in section 177.25
of the penal law, robbery in the third  degree  as  defined  in  section
160.05  of  the  penal  law,  robbery in the second degree as defined in
section 160.10 of the penal law, robbery in the first degree as  defined
in  section  160.15  of the penal law, unlawful use of secret scientific
material as defined  in  section  165.07  of  the  penal  law,  criminal
possession of stolen property in the fourth degree as defined in section
165.45  of  the penal law, criminal possession of stolen property in the
third degree as defined in section 165.50 of  the  penal  law,  criminal
possession of stolen property in the second degree as defined by section
165.52  of  the penal law, criminal possession of stolen property in the
first degree as defined by section 165.54 of the  penal  law,  trademark
counterfeiting  in the second degree as defined in section 165.72 of the
penal law, trademark counterfeiting in the first degree  as  defined  in
section 165.73 of the penal law, forgery in the second degree as defined
in  section  170.10  of  the  penal  law, forgery in the first degree as
defined in section 170.15 of the penal law,  criminal  possession  of  a
forged  instrument  in the second degree as defined in section 170.25 of
the penal law, criminal possession of a forged instrument in  the  first
degree  as  defined  in  section  170.30  of  the  penal  law,  criminal
possession of forgery devices as defined in section 170.40 of the  penal
law,  falsifying  business  records  in  the  first degree as defined in
section 175.10 of the penal law, tampering with public  records  in  the
first  degree  as defined in section 175.25 of the penal law, offering a
false instrument for filing in the first degree as  defined  in  section
175.35  of  the  penal  law,  issuing  a false certificate as defined in
section 175.40 of the penal  law,  criminal  diversion  of  prescription
medications and prescriptions in the second degree as defined in section
178.20  of the penal law, criminal diversion of prescription medications
and prescriptions in the first degree as defined in  section  178.25  of
the  penal  law,  residential  mortgage  fraud  in  the fourth degree as

A. 4959                            16

defined in section 187.10 of the penal law, residential  mortgage  fraud
in the third degree as defined in section 187.15 of the penal law, resi-
dential mortgage fraud in the second degree as defined in section 187.20
of  the  penal  law,  residential  mortgage fraud in the first degree as
defined in section 187.25 of the penal law, escape in the second  degree
as  defined  in  section  205.10  of  the penal law, escape in the first
degree as defined in section 205.15 of the penal  law,  absconding  from
temporary  release  in  the first degree as defined in section 205.17 of
the penal law, promoting  prison  contraband  in  the  first  degree  as
defined in section 205.25 of the penal law, hindering prosecution in the
second  degree  as defined in section 205.60 of the penal law, hindering
prosecution in the first degree as defined  in  section  205.65  of  the
penal  law,  sex  trafficking  as defined in section 230.34 of the penal
law, criminal possession of a weapon in the third degree as  defined  in
subdivisions  two,  three  and  five of section 265.02 of the penal law,
criminal possession of a weapon in  the  second  degree  as  defined  in
section  265.03 of the penal law, criminal possession of a weapon in the
first degree as defined in section 265.04 of the penal law, manufacture,
transport, disposition and defacement of weapons and  dangerous  instru-
ments  and  appliances defined as felonies in subdivisions one, two, and
three of section 265.10 of the penal law, sections  265.11,  265.12  and
265.13  of  the  penal  law,  or prohibited use of weapons as defined in
subdivision two of section 265.35 of the penal law, relating to firearms
and other dangerous weapons, or failure to  disclose  the  origin  of  a
recording  in the first degree as defined in section 275.40 of the penal
law;
  S 38. Paragraph (a) of subdivision 2 of section 720.10 of the criminal
procedure law, as amended by chapter 316 of the laws of 2006, is amended
to read as follows:
  (a) the conviction to be replaced by a youthful  offender  finding  is
for  (i)  a  class  A-I or class A-II felony, or (ii) an armed felony as
defined in subdivision forty-one of section 1.20, except as provided  in
subdivision  three,  or (iii) rape in the first degree[, criminal sexual
act in the first degree,] or aggravated sexual abuse, except as provided
in subdivision three, or
  S 39. Paragraph (a) of subdivision 2 and paragraph (a) of  subdivision
3 of section 168-a of the correction law, paragraph (a) of subdivision 2
as  amended  by  chapter  405  of  the laws of 2008 and paragraph (a) of
subdivision 3 as amended by chapter 107 of the laws of 2006, are amended
to read as follows:
  (a) (i) a conviction of or a conviction for an attempt to  commit  any
of  the  provisions of sections 120.70, 130.20, 130.25, 130.30, [130.40,
130.45,] 130.60, 230.34, 250.50, 255.25, 255.26 and  255.27  or  article
two  hundred  sixty-three  of  the penal law, or section 135.05, 135.10,
135.20 or 135.25 of such law relating to kidnapping  offenses,  provided
the  victim of such kidnapping or related offense is less than seventeen
years old and the offender is not the parent of the victim,  or  section
230.04, where the person patronized is in fact less than seventeen years
of  age,  230.05  or  230.06,  or  subdivision two of section 230.30, or
section 230.32 or 230.33 of the penal law, or (ii) a conviction of or  a
conviction  for  an  attempt  to commit any of the provisions of section
235.22 of the penal law, or (iii) a conviction of or a conviction for an
attempt to commit any provisions of the foregoing sections committed  or
attempted  as a hate crime defined in section 485.05 of the penal law or
as a crime of terrorism defined in section 490.25 of such law  or  as  a
sexually motivated felony defined in section 130.91 of such law; or

A. 4959                            17

  (a)  (i)  a conviction of or a conviction for an attempt to commit any
of the provisions of sections 130.35, [130.50,] 130.65, 130.66,  130.67,
130.70,  130.75,  130.80,  130.95 and 130.96 of the penal law, or (ii) a
conviction of or a conviction for  an  attempt  to  commit  any  of  the
provisions  of sections 130.53, 130.65-a and 130.90 of the penal law, or
(iii) a conviction of or a conviction  for  an  attempt  to  commit  any
provisions  of  the  foregoing sections committed or attempted as a hate
crime defined in section 485.05 of the  penal  law  or  as  a  crime  of
terrorism defined in section 490.25 of such law; or
  S  40.  Subparagraph (ii) of paragraph (a), subparagraphs (i) and (ii)
of paragraph (b) and paragraph (e) of subdivision 8 of section 384-b  of
the social services law, subparagraph (ii) of paragraph (a) and subpara-
graph  (i)  of  paragraph  (b), as amended by chapter 430 of the laws of
2013, paragraph (e) as added and subparagraph (ii) of paragraph  (b)  as
amended  by  chapter  7  of  the  laws  of  1999, are amended to read as
follows:
  (ii) the child has been found to be an abused  child,  as  defined  in
paragraph  (iii) of subdivision (e) of section ten hundred twelve of the
family court act, as a result of such parent's acts; provided,  however,
the  respondent must have committed or knowingly allowed to be committed
a felony sex offense as defined  in  sections  130.25,  130.30,  130.35,
[130.40, 130.45, 130.50,] 130.65, 130.67, 130.70, 130.75, 130.80, 130.95
and  130.96  of  the penal law and, for the purposes of this section the
corroboration requirements contained in the penal law shall not apply to
proceedings under this section; or
  (i) the child has been found to be an abused child, (A) as defined  in
paragraph  (i)  of  subdivision (e) of section ten hundred twelve of the
family court act, as a result of such parent's acts; or (B)  as  defined
in  paragraph  (iii) of subdivision (e) of section ten hundred twelve of
the family court act, as a  result  of  such  parent's  acts;  provided,
however,  the  respondent must have committed or knowingly allowed to be
committed a felony sex offense as defined in  sections  130.25,  130.30,
130.35,  [130.40,  130.45,  130.50,]  130.65,  130.67,  130.70,  130.75,
130.80, 130.95 and 130.96 of the penal law; and
  (ii) (A) the child or another child for whose care such parent  is  or
has  been legally responsible has been previously found, within the five
years immediately preceding the initiation of the  proceeding  in  which
such  abuse is found, to be an abused child, as defined in paragraph (i)
or (iii) of subdivision (e) of section ten hundred twelve of the  family
court  act, as a result of such parent's acts; provided, however, in the
case of a finding of abuse as defined in paragraph (iii) of  subdivision
(e) of section ten hundred twelve of the family court act the respondent
must  have  committed  or knowingly allowed to be committed a felony sex
offense as defined in sections 130.25, 130.30, 130.35, [130.40,  130.45,
130.50,]  130.65, 130.67, 130.70, 130.75 and 130.80 of the penal law, or
(B) the parent has been convicted  of  a  crime  under  section  130.25,
130.30, 130.35, [130.40, 130.45, 130.50,] 130.65, 130.67, 130.70, 130.75
or  130.80 of the penal law against the child, a sibling of the child or
another child for whose care such parent is or has been legally  respon-
sible,  within the five year period immediately preceding the initiation
of the proceeding in which abuse is found; and
  (e) A determination by the court in accordance with article ten of the
family court act based upon clear and convincing evidence that  a  child
was abused (A) as defined in paragraph (i) of subdivision (e) of section
ten hundred twelve of the family court act, as a result of such parent's
acts; or (B) as defined in paragraph (iii) of subdivision (e) of section

A. 4959                            18

ten hundred twelve of the family court act, as a result of such parent's
acts; provided, however, the respondent must have committed or knowingly
allowed  to  be  committed  a  felony sex offense as defined in sections
130.25,  130.30,  130.35,  [130.40,  130.45,  130.50,]  130.65,  130.67,
130.70, 130.75 and 130.80 of the penal  law  shall  establish  that  the
child was an abused child for the purpose of a determination as required
by subparagraph (i) or (ii) of paragraph (b) of this subdivision. Such a
determination  by the court in accordance with article ten of the family
court act based upon a fair preponderance of evidence shall be  admissi-
ble in any proceeding commenced in accordance with this section.
  S 41. Paragraphs (a) and (b) of subdivision 4 of section 509-cc of the
vehicle  and traffic law, as amended by chapter 400 of the laws of 2011,
are amended to read as follows:
  (a) The offenses referred to in subparagraph (ii) of paragraph (a)  of
subdivision  one  and  paragraph  (a) of subdivision two of this section
that result in permanent disqualification  shall  include  a  conviction
under  sections  125.12, 125.13, 125.14, 125.15, 125.20, 125.21, 125.22,
125.25,  125.26,  125.27,  130.30,  130.35,  [130.45,  130.50,]  130.65,
130.66,  130.67, 130.70, 130.75, 130.80, 130.90, 130.95, 130.96, 135.25,
150.20, 230.30, 230.32, 230.34, 235.22, 263.05, 263.10, 263.11,  263.15,
263.16  of  the  penal  law or an attempt to commit any of the aforesaid
offenses under section 110.00 of the penal law, or any offenses  commit-
ted  under  a  former  section  of  the penal law which would constitute
violations of the aforesaid sections of the penal law, or  any  offenses
committed  outside  this  state which would constitute violations of the
aforesaid sections of the penal law.
  (b) The offenses referred to in subparagraph (ii) of paragraph (a)  of
subdivision  one  and  paragraph  (b) of subdivision two of this section
that result in permanent disqualification  shall  include  a  conviction
under  sections  100.13, 105.15, 105.17, 115.08, 120.12, 120.70, 125.10,
125.11, [130.40,] 130.53,  130.60,  130.65-a,  135.20,  160.15,  220.18,
220.21,  220.39,  220.41,  220.43, 220.44, 230.25, 260.00, 265.04 of the
penal law or an attempt to commit any of the  aforesaid  offenses  under
section  110.00  of  the  penal  law,  or any offenses committed under a
former section of the penal law which would constitute violations of the
aforesaid sections of the penal law, or any offenses  committed  outside
this  state  which would constitute violations of the aforesaid sections
of the penal law.
  S 42. Subdivision (b) of section 117  of  the  family  court  act,  as
amended by chapter 7 of the laws of 2007, is amended to read as follows:
  (b)  For  every  juvenile  delinquency  proceeding under article three
involving an allegation of an act committed by a person which,  if  done
by  an adult, would be a crime (i) defined in sections 125.27 (murder in
the first degree); 125.25 (murder in the second degree); 135.25 (kidnap-
ping in the first degree); or 150.20 (arson in the first degree) of  the
penal  law  committed by a person thirteen, fourteen or fifteen years of
age; or such conduct committed as a  sexually  motivated  felony,  where
authorized  pursuant to section 130.91 of the penal law; (ii) defined in
sections 120.10 (assault in the first degree); 125.20  (manslaughter  in
the  first degree); 130.35 (rape in the first degree); [130.50 (criminal
sexual act in the first  degree);]  135.20  (kidnapping  in  the  second
degree),  but only where the abduction involved the use or threat of use
of deadly physical force; 150.15 (arson in the second degree); or 160.15
(robbery in the first degree) of the penal law  committed  by  a  person
thirteen, fourteen or fifteen years of age; or such conduct committed as
a sexually motivated felony, where authorized pursuant to section 130.91

A. 4959                            19

of the penal law; (iii) defined in the penal law as an attempt to commit
murder  in  the first or second degree or kidnapping in the first degree
committed by a person thirteen, fourteen or fifteen  years  of  age;  or
such  conduct committed as a sexually motivated felony, where authorized
pursuant to section 130.91 of the penal law;  (iv)  defined  in  section
140.30 (burglary in the first degree); subdivision one of section 140.25
(burglary  in  the  second  degree);  subdivision  two of section 160.10
(robbery in the second degree) of the penal law; or  section  265.03  of
the  penal  law,  where such machine gun or such firearm is possessed on
school grounds, as that phrase is defined  in  subdivision  fourteen  of
section  220.00  of  the  penal  law  committed  by a person fourteen or
fifteen years of age; or such conduct committed as a sexually  motivated
felony,  where  authorized  pursuant to section 130.91 of the penal law;
(v) defined in section 120.05 (assault in the second degree)  or  160.10
(robbery  in  the  second degree) of the penal law committed by a person
fourteen or fifteen years of age but only where there has been  a  prior
finding  by  a  court  that  such person has previously committed an act
which, if committed by an adult, would be the crime of  assault  in  the
second degree, robbery in the second degree or any designated felony act
specified in clause (i), (ii) or (iii) of this subdivision regardless of
the  age  of such person at the time of the commission of the prior act;
or (vi) other than a misdemeanor, committed by a person at  least  seven
but  less  than  sixteen years of age, but only where there has been two
prior findings by the court that such person has committed a  prior  act
which, if committed by an adult would be a felony:
  (i) There is hereby established in the family court in the city of New
York at least one "designated felony act part." Such part or parts shall
be held separate from all other proceedings of the court, and shall have
jurisdiction over all proceedings involving such an allegation. All such
proceedings  shall  be originated in or be transferred to this part from
other parts as they are made known to the court.
  (ii) Outside the city of New York, all proceedings involving  such  an
allegation  shall  have a hearing preference over every other proceeding
in the court, except proceedings under article ten.
  S 43. Paragraph (ii) of subdivision 8 of section 301.2 of  the  family
court  act,  as  amended by chapter 7 of the laws of 2007, is amended to
read as follows:
  (ii) defined in sections 120.10 (assault in the first degree);  125.20
(manslaughter  in  the first degree); 130.35 (rape in the first degree);
[130.50 (criminal sexual act in the first degree);]  130.70  (aggravated
sexual  abuse  in  the  first  degree); 135.20 (kidnapping in the second
degree) but only where the abduction involved the use or threat  of  use
of  deadly physical force; 150.15 (arson in the second degree) or 160.15
(robbery in the first degree) of the penal law  committed  by  a  person
thirteen, fourteen or fifteen years of age; or such conduct committed as
a sexually motivated felony, where authorized pursuant to section 130.91
of the penal law;
  S  44.  Subdivision  4  of  section  308.1 of the family court act, as
amended by chapter 264 of the laws  of  2003,  is  amended  to  read  as
follows:
  4.  The  probation  service shall not adjust a case in which the child
has allegedly committed a delinquent act which would be a crime  defined
in  section 120.25, (reckless endangerment in the first degree), [subdi-
vision one of section  125.15,  (manslaughter  in  the  second  degree),
subdivision]  SUBDIVISIONS  one  AND TWO of section 130.25, (rape in the
third degree), [subdivision one of section 130.40, (criminal sexual  act

A. 4959                            20

in the third degree),] subdivision one or two of section 130.65, (sexual
abuse  in  the  first  degree),  section  135.65, (coercion in the first
degree), section 140.20, (burglary in the third degree), section 150.10,
(arson  in  the  third  degree),  section  160.05, (robbery in the third
degree), subdivision two, three or four  of  section  265.02,  (criminal
possession  of  a weapon in the third degree), section 265.03, (criminal
possession of a weapon in the second degree), or section 265.04, (crimi-
nal possession of a dangerous weapon in the first degree) of  the  penal
law where the child has previously had one or more adjustments of a case
in  which  such  child allegedly committed an act which would be a crime
specified in this subdivision unless it has  received  written  approval
from the court and the appropriate presentment agency.
  S  45.  Subdivision  (c)  of  section 1052 of the family court act, as
added by chapter 739 of the laws of 1981, is amended to read as follows:
  (c) Prior to granting an order of disposition pursuant to  subdivision
(a) of this section following an adjudication of child abuse, as defined
in  paragraph  (i)  of  subdivision (e) of section ten hundred twelve of
this act or a finding of a felony sex offense  as  defined  in  sections
130.25,  130.30,  130.35, [130.40, 130.45, 130.50,] 130.65 and 130.70 of
the penal law, the court shall advise the respondent that any subsequent
adjudication of child abuse, as defined in paragraph (i) of  subdivision
(e) of section one thousand twelve of this act or any subsequent finding
of  a  felony  sex offense as defined in those sections of the penal law
herein enumerated, arising out of acts of the respondent may  result  in
the  commitment  of the guardianship and custody of the child or another
child pursuant to section three  hundred  eighty-four-b  of  the  social
services law. The order in such cases shall contain a statement that any
subsequent  adjudication  of  child  abuse  or  finding  of a felony sex
offense as described herein may result in the commitment of the  guardi-
anship  and  custody  of the child, or another child pursuant to section
three hundred eighty-four-b of the social services law.
  S 46. Subdivision 2 of section 61 of the civil rights law, as  amended
by  section 54 of subpart B of part C of chapter 62 of the laws of 2011,
is amended to read as follows:
  2. If the petitioner stands convicted of a violent felony  offense  as
defined in section 70.02 of the penal law or a felony defined in article
one  hundred  twenty-five of such law or any of the following provisions
of such law sections 130.25, 130.30, [130.40, 130.45,]  255.25,  255.26,
255.27, article two hundred sixty-three, 135.10, 135.25, 230.05, 230.06,
subdivision  two  of section 230.30 or 230.32, and is currently confined
as an inmate in any correctional facility or currently under the  super-
vision  of  the department of corrections and community supervision or a
county probation department as a result of such conviction, the petition
shall for each such conviction specify such felony conviction, the  date
of  such  conviction  or  convictions,  and  the  court  in  which  such
conviction or convictions were entered.
  S 47. Subdivision 2 of section 62 of the civil rights law, as  amended
by  section 55 of subpart B of part C of chapter 62 of the laws of 2011,
is amended to read as follows:
  2. If the petition be  to  change  the  name  of  a  person  currently
confined  as  an  inmate in any correctional facility or currently under
the supervision of the department of corrections  and  community  super-
vision  or a county probation department as a result of a conviction for
a violent felony offense as defined in section 70.02 of the penal law or
a felony defined in article one hundred twenty-five of such law  or  any
of  the  following  provisions  of  such  law  sections  130.25, 130.30,

A. 4959                            21

[130.40, 130.45,] 255.25, 255.26, 255.27,  article  two  hundred  sixty-
three, 135.10, 135.25, 230.05, 230.06, subdivision two of section 230.30
or 230.32, notice of the time and place when and where the petition will
be  presented  shall  be  served, in like manner as a notice of a motion
upon an attorney in an action, upon the district attorney of every coun-
ty in which such person has been convicted of such felony and  upon  the
court  or  courts  in  which  the  sentence for such felony was entered.
Unless a shorter period of time is ordered by  the  court,  said  notice
shall be served upon each such district attorney and court or courts not
less than sixty days prior to the date on which such petition is noticed
to be heard.
  S  48. The closing paragraph of section 64 of the civil rights law, as
separately amended by chapters 258, 320 and 481 of the laws of 2006,  is
amended to read as follows:
  Upon  compliance with the order and the filing of the affidavit of the
publication, as provided in this section, the  clerk  of  the  court  in
which  the  order has been entered shall certify that the order has been
complied with; and, if the petition states that  the  petitioner  stands
convicted of a violent felony offense as defined in section 70.02 of the
penal law or a felony defined in article one hundred twenty-five of such
law  or  any  of  the  following provisions of such law sections 130.25,
130.30, [130.40, 130.45,] 255.25, 255.26, 255.27,  article  two  hundred
sixty-three,  135.10, 135.25, 230.05, 230.06, subdivision two of section
230.30 or 230.32, such clerk (1) shall deliver, by first class  mail,  a
copy  of  such  certified  order  to  the  division  of criminal justice
services at its office in the county of Albany and (2) upon the clerk of
the court reviewing the petitioner's application  for  name  change  and
subsequent in-court inquiry, may, in the clerk's discretion, deliver, by
first class mail, the petitioner's new name with such certified order to
the court of competent jurisdiction which imposed the orders of support.
Such  certification shall appear on the original order and on any certi-
fied copy thereof and shall be entered in the  clerk's  minutes  of  the
proceeding.
  S  49.  Section 213-c of the civil practice law and rules, as added by
chapter 3 of the laws of 2006, is amended to read as follows:
  S 213-c. Action by  victim  of  conduct  constituting  certain  sexual
offenses.  Notwithstanding  any other limitation set forth in this arti-
cle, a civil claim or cause of action to recover  from  a  defendant  as
hereinafter  defined,  for  physical,  psychological  or other injury or
condition suffered by a person as a result of acts by such defendant  of
rape  in the first degree as defined in section 130.35 of the penal law,
[or criminal sexual act in the first degree as defined in section 130.50
of the penal law,] or aggravated sexual abuse in  the  first  degree  as
defined  in section 130.70 of the penal law, or course of sexual conduct
against a child in the first degree as defined in section 130.75 of  the
penal law may be brought within five years. As used in this section, the
term "defendant" shall mean only a person who commits the acts described
in  this section or who, in a criminal proceeding, could be charged with
criminal liability for the commission of such acts pursuant  to  section
20.00 of the penal law and shall not apply to any related civil claim or
cause of action arising from such acts. Nothing in this section shall be
construed  to  require  that  a criminal charge be brought or a criminal
conviction be obtained as a condition  of  bringing  a  civil  cause  of
action  or  receiving  a  civil  judgment pursuant to this section or be
construed to require that any of the rules governing a criminal proceed-
ing be applicable to any such civil action.

A. 4959                            22

  S 50. Paragraph (b) of subdivision 8 of section 215 of the civil prac-
tice law and rules, as added by chapter  3  of  the  laws  of  2006,  is
amended to read as follows:
  (b)  Whenever  it  is  shown  that  a criminal action against the same
defendant has been commenced with respect to  the  event  or  occurrence
from  which  a  claim governed by this section arises, and such criminal
action is for rape in the first degree as defined in section  130.35  of
the penal law, [or criminal sexual act in the first degree as defined in
section  130.50  of  the  penal  law,] or aggravated sexual abuse in the
first degree as defined in section 130.70 of the penal law, or course of
sexual conduct against a child in the first degree as defined in section
130.75 of the penal law, the plaintiff shall have at  least  five  years
from  the  termination of the criminal action as defined in section 1.20
of the criminal procedure law in which to  commence  the  civil  action,
notwithstanding  that  the  time  in  which  to commence such action has
already expired or has less than a year remaining.
  S 51. Subdivision 11 of section 123 of  the  agriculture  and  markets
law,  as amended by chapter 392 of the laws of 2004, and such section as
renumbered by section 18 of part T of chapter 59 of the laws of 2010, is
amended to read as follows:
  11. The owner shall not be liable pursuant to subdivision six,  seven,
eight,  nine  or ten of this section if the dog was coming to the aid or
defense of a person during the commission or attempted commission  of  a
murder, robbery, burglary, arson, rape in the first degree as defined in
PARAGRAPH  (A)  OR  (B)  OF  subdivision  one or PARAGRAPH (A) OR (B) OF
SUBDIVISION two of section 130.35 of the penal law[, criminal sexual act
in the first degree as defined in subdivision  one  or  two  of  section
130.50  of  the penal law] or kidnapping within the dwelling or upon the
real property of the owner of the dog and the dog injured or killed  the
person committing such criminal activity.
  S 52. Section 4 of the judiciary law, as amended by chapter 264 of the
laws of 2003, is amended to read as follows:
  S  4.  Sittings  of  courts  to be public. The sittings of every court
within this state shall be public, and every citizen may  freely  attend
the  same,  except  that  in  all  proceedings  and  trials in cases for
divorce, seduction, abortion, rape, assault with intent to commit  rape,
[criminal  sexual  act,]  bastardy  or  filiation, the court may, in its
discretion, exclude therefrom all persons who are  not  directly  inter-
ested therein, excepting jurors, witnesses, and officers of the court.
  S  53. Subdivision 2 of section 120.60 of the penal law, as amended by
chapter 434 of the laws of 2000, is amended to read as follows:
  2. commits a class A misdemeanor defined in article one hundred thirty
of this chapter, or a class E felony defined in section 130.25, [130.40]
or 130.85 of this chapter, or a class D felony defined in section 130.30
[or 130.45] of this chapter.
  S 54. This act shall take effect on the ninetieth day after  it  shall
have become a law and shall apply to any offense on or after such effec-
tive  date.  As  it pertains to the repealed sections of law, nothing in
this act shall affect a requirement to register pursuant to article  6-C
of  the  correction law; a lawfully required disclosure of a conviction;
any restriction or prohibition for certain types of employment, housing,
or government  benefit;  or  any  other  ongoing  matter  related  to  a
conviction of the sections repealed in this act.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4959--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 9, 2015
                               ___________

Introduced  by  M.  of  A.  SIMOTAS, COLTON, AUBRY, SCARBOROUGH, MARKEY,
  ENGLEBRIGHT, BRAUNSTEIN, DenDEKKER, BRINDISI, MORELLE, JAFFEE,  PERRY,
  CLARK,  COOK,  ROBERTS,  HOOPER, WEPRIN, SANTABARBARA, SKOUFIS, ROZIC,
  HEVESI, QUART, LIFTON, GJONAJ, OTIS, SEPULVEDA,  McDONALD,  MOSLEY  --
  Multi-Sponsored  by  --  M.  of  A. ARROYO, BRENNAN, BUCHWALD, CORWIN,
  DUPREY, FINCH, FITZPATRICK, GALEF, GLICK,  GOODELL,  HIKIND,  LUPARDO,
  MALLIOTAKIS, McDONOUGH, MONTESANO, PEOPLES-STOKES, RA, ROBINSON, SCHI-
  MEL,  WALTER  --  read  once and referred to the Committee on Codes --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  to  amend  the  penal  law,  the  criminal  procedure  law, the
  correction law, the social services law, the vehicle and traffic  law,
  the family court act, the civil rights law, the civil practice law and
  rules,  the  agriculture  and  markets  law, 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:

  Section 1. Sections 130.40, 130.45 and 130.50 of  the  penal  law  are
REPEALED.
  S 2. Subdivisions 1 and 2 of section 130.00 of the penal law, subdivi-
sion  2  as  amended  by chapter 264 of the laws of 2003, are amended to
read as follows:
  1. "[Sexual intercourse] VAGINAL SEXUAL  CONTACT"  [has  its  ordinary
meaning  and  occurs upon any penetration, however slight] MEANS CONDUCT
BETWEEN PERSONS CONSISTING OF CONTACT BETWEEN THE PENIS AND  THE  VAGINA
OR VULVA.
  2.  (a)  "Oral sexual [conduct] CONTACT" means conduct between persons
consisting of contact between the mouth and the penis, the mouth and the
anus, or the mouth and the vulva or vagina.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06040-04-5

              

A. 4959--A                          2

  (b) "Anal sexual [conduct]  CONTACT"  means  conduct  between  persons
consisting of contact between the penis and anus.
  S  3.  Section 130.25 of the penal law, as amended by chapter 1 of the
laws of 2000, is amended to read as follows:
S 130.25 Rape in the third degree.
  A person is guilty of rape in the third degree when:
  1. He or she engages in [sexual intercourse]  VAGINAL  SEXUAL  CONTACT
with another person who is incapable of consent by reason of some factor
other than being less than seventeen years old;
  2. HE OR SHE ENGAGES IN ORAL SEXUAL CONTACT WITH ANOTHER PERSON WHO IS
INCAPABLE OF CONSENT BY REASON OF SOME FACTOR OTHER THAN BEING LESS THAN
SEVENTEEN YEARS OLD;
  3. HE OR SHE ENGAGES IN ANAL SEXUAL CONTACT WITH ANOTHER PERSON WHO IS
INCAPABLE  OF  CONSENT  BY  REASON OF SOME OTHER FACTOR OTHER THAN BEING
LESS THAN SEVENTEEN YEARS OLD;
  4. Being twenty-one years old or more, he or she  engages  in  [sexual
intercourse] VAGINAL SEXUAL CONTACT with another person less than seven-
teen years old; [or
  3.]  5.  BEING TWENTY-ONE YEARS OLD OR MORE, HE OR SHE ENGAGES IN ORAL
SEXUAL CONTACT WITH ANOTHER PERSON LESS THAN SEVENTEEN YEARS OLD;
  6. BEING TWENTY-ONE YEARS OLD OR MORE, HE OR SHE ENGAGES IN ANAL SEXU-
AL CONTACT WITH ANOTHER PERSON LESS THAN SEVENTEEN YEARS OLD;
  7. He or she engages in [sexual intercourse]  VAGINAL  SEXUAL  CONTACT
with  another  person  without  such person's consent where such lack of
consent is by reason of some factor other than incapacity to consent[.];
  8. HE OR SHE ENGAGES IN ORAL SEXUAL CONTACT WITH ANOTHER PERSON  WITH-
OUT  SUCH  PERSON'S  CONSENT  WHERE SUCH LACK OF CONSENT IS BY REASON OF
SOME FACTOR OTHER THAN INCAPACITY TO CONSENT; OR
  9. HE OR SHE ENGAGES IN ANAL SEXUAL CONTACT WITH ANOTHER PERSON  WITH-
OUT  SUCH  PERSON'S  CONSENT  WHERE SUCH LACK OF CONSENT IS BY REASON OF
SOME FACTOR OTHER THAN THE INCAPACITY TO CONSENT.
  Rape in the third degree is a class E felony.
  S 4. Section 130.30 of the penal law, as amended by chapter 1  of  the
laws of 2000, is amended to read as follows:
S 130.30 Rape in the second degree.
  A person is guilty of rape in the second degree when:
  1.  being  eighteen  years  old  or more, he or she engages in [sexual
intercourse] VAGINAL  SEXUAL  CONTACT  with  another  person  less  than
fifteen years old; [or]
  2.  BEING EIGHTEEN YEARS OLD OR MORE, HE OR SHE ENGAGES IN ORAL SEXUAL
CONTACT WITH ANOTHER PERSON LESS THAN FIFTEEN YEARS OLD;
  3. BEING EIGHTEEN YEARS OLD OR MORE, HE OR SHE ENGAGES IN ANAL  SEXUAL
CONTACT WITH ANOTHER PERSON LESS THAN FIFTEEN YEARS OLD;
  4.  he  or  she engages in [sexual intercourse] VAGINAL SEXUAL CONTACT
with another person who is incapable  of  consent  by  reason  of  being
mentally disabled or mentally incapacitated[.] ;
  5. HE OR SHE ENGAGES IN ORAL SEXUAL CONTACT WITH ANOTHER PERSON WHO IS
INCAPABLE  OF  CONSENT  BY REASON OF BEING MENTALLY DISABLED OR MENTALLY
INCAPACITATED; OR
  6. HE OR SHE ENGAGES IN ANAL SEXUAL CONTACT WITH ANOTHER PERSON WHO IS
INCAPABLE OF CONSENT BY REASON OF BEING MENTALLY  DISABLED  OR  MENTALLY
INCAPACITATED.
  It  shall be an affirmative defense to the crime of rape in the second
degree as defined in [subdivision] SUBDIVISIONS one, TWO  AND  THREE  of
this  section that the defendant was less than four years older than the
victim at the time of the act.

A. 4959--A                          3

  Rape in the second degree is a class D felony.
  S  5.  Section 130.35 of the penal law, as amended by chapter 1 of the
laws of 2000, is amended to read as follows:
S 130.35 Rape in the first degree.
  A person is guilty of rape in the first degree when:
  1. he or she engages in [sexual intercourse]  VAGINAL  SEXUAL  CONTACT
with another person:
  [1.] (A) By forcible compulsion; or
  [2.]  (B)  Who  is  incapable of consent by reason of being physically
helpless; or
  [3.] (C) Who is less than eleven years old; or
  [4.] (D) Who is less than thirteen years old and the actor is eighteen
years old or more[.];
  2. HE OR SHE ENGAGES IN ORAL SEXUAL CONTACT WITH ANOTHER PERSON:
  (A) BY FORCIBLE COMPULSION; OR
  (B) WHO IS INCAPABLE OF CONSENT BY REASON OF  BEING  PHYSICALLY  HELP-
LESS; OR
  (C) WHO IS LESS THAN ELEVEN YEARS OLD; OR
  (D)  WHO  IS  LESS  THAN  THIRTEEN YEARS OLD AND THE ACTOR IS EIGHTEEN
YEARS OLD OR MORE; OR
  3. HE OR SHE ENGAGES IN ANAL SEXUAL CONTACT WITH ANOTHER PERSON:
  (A) BY FORCIBLE COMPULSION; OR
  (B) WHO IS INCAPABLE OF CONSENT BY REASON OF  BEING  PHYSICALLY  HELP-
LESS; OR
  (C) WHO IS LESS THAN ELEVEN YEARS OLD; OR
  (D)  WHO  IS  LESS  THAN  THIRTEEN YEARS OLD AND THE ACTOR IS EIGHTEEN
YEARS OLD OR MORE.
  Rape in the first degree is a class B felony.
  S 6. Paragraph 2 of subdivision 18 of section 10.00 of the penal  law,
as  amended  by  chapter  7  of  the laws of 2007, is amended to read as
follows:
  (2) a person fourteen or fifteen years old who is criminally responsi-
ble for acts constituting the crimes defined in subdivisions one and two
of section 125.25 (murder in the second degree) and in subdivision three
of such section provided that the underlying crime for the murder charge
is one for which such person is criminally responsible;  section  135.25
(kidnapping  in  the  first degree); 150.20 (arson in the first degree);
subdivisions one and  two  of  section  120.10  (assault  in  the  first
degree);  125.20  (manslaughter  in the first degree); [subdivisions one
and] PARAGRAPHS (A) AND (B) OF SUBDIVISION ONE, PARAGRAPHS (A)  AND  (B)
OF  SUBDIVISION  two, AND PARAGRAPHS (A) AND (B) OF SUBDIVISION THREE of
section 130.35 (rape in the first degree); [subdivisions one and two  of
section  130.50  (criminal  sexual  act  in  the  first degree);] 130.70
(aggravated sexual abuse in the first degree); 140.30 (burglary  in  the
first degree); subdivision one of section 140.25 (burglary in the second
degree);  150.15  (arson  in  the second degree); 160.15 (robbery in the
first degree); subdivision two of section 160.10 (robbery in the  second
degree)  of  this chapter; or section 265.03 of this chapter, where such
machine gun or such firearm is possessed  on  school  grounds,  as  that
phrase  is  defined  in  subdivision  fourteen of section 220.00 of this
chapter; or defined in this chapter as an attempt to  commit  murder  in
the  second degree or kidnapping in the first degree, or such conduct as
a sexually motivated felony, where authorized pursuant to section 130.91
of [the penal law] THIS CHAPTER.
  S 7. Subdivision 2 of section 30.00 of the penal law,  as  amended  by
chapter 7 of the laws of 2007, is amended to read as follows:

A. 4959--A                          4

  2.  A  person thirteen, fourteen or fifteen years of age is criminally
responsible for acts constituting murder in the second degree as defined
in subdivisions one and two of section 125.25 and in  subdivision  three
of such section provided that the underlying crime for the murder charge
is  one  for  which  such  person  is criminally responsible or for such
conduct as a sexually motivated felony,  where  authorized  pursuant  to
section  130.91  [of  the  penal  law]; and a person fourteen or fifteen
years of age is criminally responsible for acts constituting the  crimes
defined  in  section  135.25  (kidnapping  in  the first degree); 150.20
(arson in the first degree); subdivisions one and two of section  120.10
(assault  in  the  first  degree);  125.20  (manslaughter  in  the first
degree); [subdivisions one and] PARAGRAPHS (A) AND  (B)  OF  SUBDIVISION
ONE,  PARAGRAPHS  (A) AND (B) OF SUBDIVISION two, AND PARAGRAPHS (A) AND
(B) OF SUBDIVISION THREE of section 130.35 (rape in the  first  degree);
[subdivisions  one and two of section 130.50 (criminal sexual act in the
first degree); 130.70 (aggravated sexual abuse in  the  first  degree);]
140.30 (burglary in the first degree); subdivision one of section 140.25
(burglary  in  the  second degree); 150.15 (arson in the second degree);
160.15 (robbery in the first degree); subdivision two of section  160.10
(robbery  in  the  second  degree) of this chapter; or section 265.03 of
this chapter, where such machine gun or such  firearm  is  possessed  on
school  grounds,  as  that  phrase is defined in subdivision fourteen of
section 220.00 of this chapter; or defined in this chapter as an attempt
to commit murder in the second degree or kidnapping in the first degree,
or for such conduct as a sexually  motivated  felony,  where  authorized
pursuant to section 130.91 of [the penal law] THIS CHAPTER.
  S 8. Paragraph (b) of subdivision 2 of section 35.15 of the penal law,
as  amended  by  chapter  511 of the laws of 2004, is amended to read as
follows:
  (b) He or she reasonably believes that such other person is committing
or attempting to commit a kidnapping, forcible rape, [forcible  criminal
sexual act] FORCIBLE AGGRAVATED SEXUAL ABUSE, or robbery; or
  S  9.  Paragraphs (a) and (c) of subdivision 1 of section 70.02 of the
penal law, paragraph (a) as amended by chapter 320 of the laws  of  2006
and  paragraph  (c)  as  amended  by  chapter 1 of the laws of 2013, are
amended to read as follows:
  (a) Class B violent felony offenses: an attempt to  commit  the  class
A-I  felonies  of  murder  in  the  second  degree as defined in section
125.25, kidnapping in the first degree as defined in section 135.25, and
arson in the first degree as defined in section 150.20; manslaughter  in
the  first  degree as defined in section 125.20, aggravated manslaughter
in the first degree as defined in section  125.22,  rape  in  the  first
degree  as  defined in section 130.35, [criminal sexual act in the first
degree as defined in section 130.50,] aggravated  sexual  abuse  in  the
first  degree  as  defined  in  section 130.70, course of sexual conduct
against a child in the  first  degree  as  defined  in  section  130.75;
assault  in the first degree as defined in section 120.10, kidnapping in
the second degree as defined in section 135.20, burglary  in  the  first
degree  as  defined  in  section  140.30,  arson in the second degree as
defined in section 150.15, robbery in the first  degree  as  defined  in
section 160.15, incest in the first degree as defined in section 255.27,
criminal  possession  of  a  weapon  in  the  first degree as defined in
section 265.04, criminal use of a firearm in the first degree as defined
in section 265.09, criminal sale of a firearm in  the  first  degree  as
defined in section 265.13, aggravated assault upon a police officer or a
peace  officer  as  defined in section 120.11, gang assault in the first

A. 4959--A                          5

degree as defined in section 120.07, intimidating a victim or witness in
the first degree as defined in section 215.17, hindering prosecution  of
terrorism  in  the  first  degree as defined in section 490.35, criminal
possession  of  a  chemical  weapon  or  biological weapon in the second
degree as defined in section 490.40, and  criminal  use  of  a  chemical
weapon  or  biological  weapon in the third degree as defined in section
490.47.
  (c) Class D violent felony offenses: an attempt to commit any  of  the
class C felonies set forth in paragraph (b); reckless assault of a child
as defined in section 120.02, assault in the second degree as defined in
section 120.05, menacing a police officer or peace officer as defined in
section  120.18, stalking in the first degree, as defined in subdivision
one of section 120.60, strangulation in the second degree as defined  in
section  121.12, rape in the second degree as defined in section 130.30,
[criminal sexual act in the second degree as defined in section 130.45,]
sexual abuse in the first degree as defined in section 130.65, course of
sexual conduct against a child  in  the  second  degree  as  defined  in
section  130.80,  aggravated sexual abuse in the third degree as defined
in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
substance  as defined in section 130.90, criminal possession of a weapon
in the third degree as defined in subdivision five, six,  seven,  eight,
nine  or  ten of section 265.02, criminal sale of a firearm in the third
degree as defined in section 265.11, intimidating a victim or witness in
the second degree as defined in section 215.16, soliciting or  providing
support  for  an  act  of  terrorism  in the second degree as defined in
section 490.10, and making a terroristic threat as  defined  in  section
490.20,  falsely reporting an incident in the first degree as defined in
section 240.60, placing a false bomb or hazardous substance in the first
degree as defined in section 240.62, placing a false bomb  or  hazardous
substance  in a sports stadium or arena, mass transportation facility or
enclosed shopping mall as defined in section 240.63, [and] OR aggravated
unpermitted use of indoor pyrotechnics in the first degree as defined in
section 405.18.
  S 10. Paragraph b of subdivision 5 of section 120.40 of the penal law,
as amended by chapter 320 of the laws of 2006, is  amended  to  read  as
follows:
  b.  a  crime  defined  in  section  130.20,  130.25,  130.30, [130.40,
130.45,] 130.55, 130.60, 130.70, 255.25, 255.26 or 255.27;
  S 11. Paragraph (d) of subdivision 2 and paragraph (h) of  subdivision
3  of section 130.05 of the penal law, paragraph (d) of subdivision 2 as
amended by chapter 40 of the laws of 2004 and paragraph (h) of  subdivi-
sion  3  as amended by section 2 of part G of chapter 501 of the laws of
2012, are amended to read as follows:
  (d) Where the offense charged is rape in the third degree  as  defined
in  [subdivision  three]  SUBDIVISIONS  SEVEN, EIGHT AND NINE of section
130.25, [or criminal sexual act in the third degree as defined in subdi-
vision three of section 130.40,] in  addition  to  forcible  compulsion,
circumstances  under  which, at the time of the act of intercourse, oral
sexual conduct or anal sexual conduct, the victim clearly expressed that
he or she did not consent to engage in such act, and a reasonable person
in the actor's situation would have understood such person's  words  and
acts  as  an  expression  of  lack  of consent to such act under all the
circumstances.
  (h) a client or patient and the actor is a  health  care  provider  or
mental  health  care  provider  charged with rape in the third degree as
defined in section 130.25, [criminal sexual act in the third  degree  as

A. 4959--A                          6

defined in section 130.40,] aggravated sexual abuse in the fourth degree
as  defined  in section 130.65-a, or sexual abuse in the third degree as
defined in section 130.55, and the act of sexual conduct occurs during a
treatment session, consultation, interview, or examination; or
  S  12. The opening paragraph of subdivision 3 of section 125.25 of the
penal law, as amended by chapter 264 of the laws of 2003, is amended  to
read as follows:
  Acting  either  alone or with one or more other persons, he commits or
attempts to commit robbery, burglary, kidnapping,  arson,  rape  in  the
first degree, [criminal sexual act in the first degree,] sexual abuse in
the  first  degree, aggravated sexual abuse, escape in the first degree,
or escape in the second degree, and, in the course of and in furtherance
of such crime or of immediate flight therefrom, he, or  another  partic-
ipant,  if  there be any, causes the death of a person other than one of
the participants; except that in any prosecution under this subdivision,
in which the defendant was not the only participant  in  the  underlying
crime, it is an affirmative defense that the defendant:
  S  13. Subdivision 5 of section 125.25 of the penal law, as amended by
chapter 320 of the laws of 2006, is amended to read as follows:
  5. Being eighteen years old or more, while in the course of committing
rape in the first, second or third degree, [criminal sexual act  in  the
first, second or third degree,] sexual abuse in the first degree, aggra-
vated  sexual  abuse  in  the  first, second, third or fourth degree, or
incest in the first, second or third degree, against a person less  than
fourteen  years  old,  he  or she intentionally causes the death of such
person.
  S 14. Subparagraph (vii) of paragraph (a) of subdivision 1 of  section
125.27  of the penal law, as amended by chapter 264 of the laws of 2003,
is amended to read as follows:
  (vii) the victim was killed while the defendant was in the  course  of
committing  or  attempting  to  commit  and  in  furtherance of robbery,
burglary in the first degree or second degree, kidnapping in  the  first
degree,  arson  in  the first degree or second degree, rape in the first
degree, [criminal sexual act in the first degree,] sexual abuse  in  the
first  degree,  aggravated sexual abuse in the first degree or escape in
the first degree, or in the  course  of  and  furtherance  of  immediate
flight after committing or attempting to commit any such crime or in the
course of and furtherance of immediate flight after attempting to commit
the  crime  of murder in the second degree; provided however, the victim
is not a participant in one of the aforementioned crimes  and,  provided
further  that,  unless  the  defendant's  criminal  liability under this
subparagraph is based upon the defendant having commanded another person
to cause the death of the victim or intended victim pursuant to  section
20.00  of  this  chapter,  this  subparagraph  shall not apply where the
defendant's criminal liability is based  upon  the  conduct  of  another
pursuant to section 20.00 of this chapter; or
  S  15. Subdivision 3 of section 130.10 of the penal law, as amended by
chapter 264 of the laws of 2003, is amended to read as follows:
  3. In any prosecution for the crime of rape in  the  third  degree  as
defined  in  section 130.25, [criminal sexual act in the third degree as
defined in section 130.40,] aggravated sexual abuse in the fourth degree
as defined in section 130.65-a, or sexual abuse in the third  degree  as
defined in section 130.55 in which incapacity to consent is based on the
circumstances set forth in paragraph (h) of subdivision three of section
130.05  of  this  article  it  shall  be an affirmative defense that the
client or patient consented to such conduct charged  after  having  been

A. 4959--A                          7

expressly advised by the health care or mental health care provider that
such conduct was not performed for a valid medical purpose.
  S 16. The opening paragraph and subdivision 2 of section 130.95 of the
penal  law,  as added by chapter 107 of the laws of 2006, are amended to
read as follows:
  A person is guilty of predatory sexual assault when he or she  commits
the crime of rape in the first degree, [criminal sexual act in the first
degree,] aggravated sexual abuse in the first degree, or course of sexu-
al conduct against a child in the first degree, as defined in this arti-
cle, and when:
  2.  He or she has engaged in conduct constituting the crime of rape in
the first degree, [criminal sexual act in the first degree,]  aggravated
sexual  abuse in the first degree, or course of sexual conduct against a
child in the first degree, as defined in this article,  against  one  or
more additional persons; or
  S  17.  The  opening  paragraph of section 130.96 of the penal law, as
added by chapter 107 of the laws of 2006, is amended to read as follows:
  A person is guilty of predatory sexual assault against a  child  when,
being eighteen years old or more, he or she commits the crime of rape in
the  first degree, [criminal sexual act in the first degree,] aggravated
sexual abuse in the first degree, or course of sexual conduct against  a
child in the first degree, as defined in this article, and the victim is
less than thirteen years old.
  S  18.  Subdivision  2 of section 240.75 of the penal law, as added by
section 2 of part D of chapter 491 of the laws of 2012,  is  amended  to
read as follows:
  2.  A  "specified  offense"  is  an  offense defined in section 120.00
(assault in the third degree); section 120.05  (assault  in  the  second
degree);  section  120.10  (assault in the first degree); section 120.13
(menacing in the first degree); section 120.14 (menacing in  the  second
degree);  section  120.15 (menacing in the third degree); section 120.20
(reckless endangerment in the second degree); section  120.25  (reckless
endangerment  in  the  first  degree);  section  120.45 (stalking in the
fourth degree); section 120.50 (stalking in the third  degree);  section
120.55  (stalking in the second degree); section 120.60 (stalking in the
first degree); section 121.11  (criminal  obstruction  of  breathing  or
blood circulation); section 121.12 (strangulation in the second degree);
section  121.13  (strangulation in the first degree); subdivision one of
section 125.15 (manslaughter in the second degree); subdivision one, two
or four of section 125.20 (manslaughter in the  first  degree);  section
125.25  (murder  in  the  second degree); section 130.20 (sexual miscon-
duct); SECTION 130.25 (RAPE IN THE THIRD DEGREE); section  130.30  (rape
in  the  second  degree);  section  130.35  (rape  in the first degree);
[section 130.40 (criminal sexual  act  in  the  third  degree);  section
130.45 (criminal sexual act in the second degree); section 130.50 (crim-
inal  sexual  act in the first degree);] section 130.52 (forcible touch-
ing); section 130.53 (persistent sexual abuse); section  130.55  (sexual
abuse  in  the third degree); section 130.60 (sexual abuse in the second
degree); section 130.65 (sexual abuse  in  the  first  degree);  section
130.66  (aggravated  sexual  abuse  in the third degree); section 130.67
(aggravated sexual abuse in the second degree); section  130.70  (aggra-
vated  sexual abuse in the first degree); section 130.91 (sexually moti-
vated felony); section 130.95 (predatory sexual assault); section 130.96
(predatory sexual assault against a  child);  section  135.05  (unlawful
imprisonment  in  the second degree); section 135.10 (unlawful imprison-
ment in the first  degree);  section  135.60  (coercion  in  the  second

A. 4959--A                          8

degree);  section  135.65 (coercion in the first degree); section 140.20
(burglary in the third degree); section 140.25 (burglary in  the  second
degree);  section  140.30 (burglary in the first degree); section 145.00
(criminal  mischief  in  the  fourth  degree);  section 145.05 (criminal
mischief in the third degree); section 145.10 (criminal mischief in  the
second  degree); section 145.12 (criminal mischief in the first degree);
section 145.14 (criminal tampering in the third degree); section  215.50
(criminal  contempt  in  the  second  degree);  section 215.51 (criminal
contempt in the  first  degree);  section  215.52  (aggravated  criminal
contempt);  section 240.25 (harassment in the first degree); subdivision
one, two or four of section 240.30 (aggravated harassment in the  second
degree);  aggravated  family  offense  as defined in this section or any
attempt or conspiracy to commit any of the foregoing offenses where  the
defendant  and  the  person  against whom the offense was committed were
members of the same family or household as defined in subdivision one of
section 530.11 of the criminal procedure law.
  S 19. Section 255.26 of the penal law, as added by chapter 320 of  the
laws of 2006, is amended to read as follows:
S 255.26 Incest in the second degree.
  A  person  is  guilty  of  incest  in the second degree when he or she
commits the crime of rape in the second degree, as  defined  in  section
130.30  of  this  part, [or criminal sexual act in the second degree, as
defined in section 130.45 of this part,] against a person whom he or she
knows to be related to him or her, whether through marriage or  not,  as
an  ancestor,  descendant,  brother or sister of either the whole or the
half blood, uncle, aunt, nephew or niece.
  Incest in the second degree is a class D felony.
  S 20. Section 255.27 of the penal law, as added by chapter 320 of  the
laws of 2006, is amended to read as follows:
S 255.27 Incest in the first degree.
  A  person  is  guilty  of  incest  in  the first degree when he or she
commits the crime of rape in the first degree, as defined  in  PARAGRAPH
(C)  OR  (D) OF subdivision [three or four] ONE, PARAGRAPH (C) OR (D) OF
SUBDIVISION TWO AND PARAGRAPH (C) OR (D) OF SUBDIVISION THREE of section
130.35 of this part[, or criminal sexual act in  the  first  degree,  as
defined  in  subdivision  three or four of section 130.50 of this part,]
against a person whom he or she knows to  be  related  to  him  or  her,
whether  through marriage or not, as an ancestor, descendant, brother or
sister of either the whole or half blood, uncle, aunt, nephew or niece.
  Incest in the first degree is a class B felony.
  S 21. Subdivision 3 of section 485.05 of the penal law, as amended  by
chapter 405 of the laws of 2010, is amended to read as follows:
  3. A "specified offense" is an offense defined by any of the following
provisions  of  this  chapter:  section  120.00  (assault  in  the third
degree); section 120.05 (assault in the second degree);  section  120.10
(assault in the first degree); section 120.12 (aggravated assault upon a
person  less  than  eleven  years  old); section 120.13 (menacing in the
first degree); section 120.14 (menacing in the second  degree);  section
120.15  (menacing  in the third degree); section 120.20 (reckless endan-
germent in the second degree); section 120.25 (reckless endangerment  in
the  first degree); section 121.12 (strangulation in the second degree);
section 121.13 (strangulation in the first degree); subdivision  one  of
section 125.15 (manslaughter in the second degree); subdivision one, two
or  four  of  section 125.20 (manslaughter in the first degree); section
125.25 (murder in the second degree); section 120.45  (stalking  in  the
fourth  degree);  section 120.50 (stalking in the third degree); section

A. 4959--A                          9

120.55 (stalking in the second degree); section 120.60 (stalking in  the
first degree); PARAGRAPH (A) OF subdivision one, PARAGRAPH (A) OF SUBDI-
VISION  TWO  AND  PARAGRAPH  (A)  OF SUBDIVISION THREE of section 130.35
(rape in the first degree); [subdivision one of section 130.50 (criminal
sexual  act  in  the  first  degree);] subdivision one of section 130.65
(sexual abuse in the first degree); paragraph (a) of subdivision one  of
section 130.67 (aggravated sexual abuse in the second degree); paragraph
(a) of subdivision one of section 130.70 (aggravated sexual abuse in the
first  degree);  section  135.05  (unlawful  imprisonment  in the second
degree); section 135.10 (unlawful imprisonment  in  the  first  degree);
section  135.20  (kidnapping  in  the  second  degree);  section  135.25
(kidnapping in the first degree); section 135.60 (coercion in the second
degree); section 135.65 (coercion in the first degree);  section  140.10
(criminal  trespass in the third degree); section 140.15 (criminal tres-
pass in the second degree); section 140.17  (criminal  trespass  in  the
first  degree);  section  140.20 (burglary in the third degree); section
140.25 (burglary in the second degree); section 140.30 (burglary in  the
first  degree); section 145.00 (criminal mischief in the fourth degree);
section 145.05 (criminal mischief in the third degree);  section  145.10
(criminal  mischief  in  the  second  degree);  section 145.12 (criminal
mischief in the first degree);  section  150.05  (arson  in  the  fourth
degree);  section  150.10  (arson  in  the third degree); section 150.15
(arson in the  second  degree);  section  150.20  (arson  in  the  first
degree);  section  155.25 (petit larceny); section 155.30 (grand larceny
in the fourth degree);  section  155.35  (grand  larceny  in  the  third
degree);  section  155.40  (grand larceny in the second degree); section
155.42 (grand larceny in the first degree); section 160.05  (robbery  in
the  third  degree);  section  160.10  (robbery  in  the second degree);
section 160.15 (robbery in the first degree); section 240.25 (harassment
in the first degree); subdivision one, two or  four  of  section  240.30
(aggravated harassment in the second degree); or any attempt or conspir-
acy to commit any of the foregoing offenses.
  S 22. Subdivision 42 of section 1.20 of the criminal procedure law, as
amended by chapter 7 of the laws of 2007, is amended to read as follows:
  42.  "Juvenile offender" means (1) a person, thirteen years old who is
criminally responsible for acts constituting murder in the second degree
as defined in subdivisions one and two of section 125.25  of  the  penal
law,  or  such  conduct as a sexually motivated felony, where authorized
pursuant to section 130.91 of the penal law; and (2) a  person  fourteen
or fifteen years old who is criminally responsible for acts constituting
the crimes defined in subdivisions one and two of section 125.25 (murder
in  the second degree) and in subdivision three of such section provided
that the underlying crime for the murder charge is one  for  which  such
person  is  criminally  responsible;  section  135.25 (kidnapping in the
first degree); 150.20 (arson in the first degree); subdivisions one  and
two of section 120.10 (assault in the first degree); 125.20 (manslaught-
er  in  the first degree); [subdivisions one and] PARAGRAPHS (A) AND (B)
OF SUBDIVISION ONE, PARAGRAPHS (A) AND (B) OF SUBDIVISION two AND  PARA-
GRAPHS  (A)  AND (B) OF SUBDIVISION THREE of section 130.35 (rape in the
first degree); [subdivisions one and two  of  section  130.50  (criminal
sexual act in the first degree);] 130.70 (aggravated sexual abuse in the
first degree); 140.30 (burglary in the first degree); subdivision one of
section  140.25  (burglary  in  the second degree); 150.15 (arson in the
second degree); 160.15 (robbery in the first degree); subdivision two of
section 160.10 (robbery in the second  degree)  of  the  penal  law;  or
section  265.03 of the penal law, where such machine gun or such firearm

A. 4959--A                         10

is possessed on school grounds, as that phrase is defined in subdivision
fourteen of section 220.00 of the penal law; or defined in the penal law
as an attempt to commit murder in the second degree or kidnapping in the
first  degree,  or  such  conduct  as a sexually motivated felony, where
authorized pursuant to section 130.91 of the penal law.
  S 23. Paragraphs (a) and (b) of subdivision 1, the  opening  paragraph
of subdivision 2 and paragraph (a) of subdivision 3 of section 140.20 of
the  criminal  procedure law, paragraphs (a) and (b) of subdivision 1 as
amended by chapter 324 of the laws of 1988,  the  opening  paragraph  of
subdivision  2  and paragraph (a) of subdivision 3 as amended by chapter
550 of the laws of 1987, are amended to read as follows:
  (a) If the arrest is for an offense other than a class A, B,  C  or  D
felony  or  a  violation  of  section  130.25, [130.40,] 205.10, 205.17,
205.19 or 215.56 of the penal law committed in a  town,  but  not  in  a
village  thereof having a village court, and the town court of such town
is not available at the time, the arrested person may be brought  before
the local criminal court of any village within such town or, any adjoin-
ing  town,  village embraced in whole or in part by such adjoining town,
or city of the same county; and
  (b) If the arrest is for an offense other than a class A, B,  C  or  D
felony  or  a  violation  of  section  130.25, [130.40,] 205.10, 205.17,
205.19 or 215.56 of the penal  law  committed  in  a  village  having  a
village  court and such court is not available at the time, the arrested
person may be brought before the town court of the town  embracing  such
village or any other village court within such town, or, if such town or
village  court  is not available either, before the local criminal court
of any adjoining town, village embraced in whole  or  in  part  by  such
adjoining town, or city of the same county; and
  If the arrest is for an offense other than a class A, B, C or D felony
or  a  violation  of section 130.25, [130.40,] 205.10, 205.17, 205.19 or
215.56 of the penal law, the arrested person need not be brought  before
a local criminal court as provided in subdivision one, and the procedure
may instead be as follows:
  (a) the arrest is for an offense other than a class A, B, C or D felo-
ny or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or
215.56 of the penal law, and
  S  24.  Paragraph  (a)  of  subdivision 3 and the opening paragraph of
subdivision 4 of section  140.27  of  the  criminal  procedure  law,  as
amended  by  chapter  550  of  the  laws of 1987, are amended to read as
follows:
  (a) the arrest is for an offense other than a class A, B, C or D felo-
ny or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or
215.56 of the penal law and
  If the arrest is for an offense other than a class A, B, C or D felony
or a violation of section 130.25, [130.40,] 205.10,  205.17,  205.19  or
215.56  of the penal law, the arrested person need not be brought before
a local criminal court as provided in subdivision two, and the procedure
may instead be as follows:
  S 25. Paragraph (a) of subdivision 2  and  the  opening  paragraph  of
subdivision  3  of  section  140.40  of  the  criminal procedure law, as
amended by chapter 550 of the laws of  1987,  are  amended  to  read  as
follows:
  (a) the arrest is for an offense other than a class A, B, C or D felo-
ny or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or
215.56 of the penal law and

A. 4959--A                         11

  If the arrest is for an offense other than a class A, B, C or D felony
or  a  violation  of section 130.25, [130.40,] 205.10, 205.17, 205.19 or
215.56 of the penal law, the arrested person need not be brought  before
a  local  criminal court, as provided in subdivision one, and the proce-
dure may instead be as follows:
  S  26. Section 150.20 of the criminal procedure law, subdivisions 1, 2
and 3 as amended by chapter 550 of the laws of 1987, is amended to  read
as follows:
S 150.20 Appearance ticket; when and by whom issuable.
  1.  Whenever a police officer is authorized pursuant to section 140.10
to arrest a person without a warrant for an offense other than  a  class
A,  B, C or D felony or a violation of section 130.25, [130.40,] 205.10,
205.17, 205.19 or 215.56 of the  penal  law,  he  may,  subject  to  the
provisions  of  subdivisions  three  and four of section 150.40, instead
issue to and serve upon such person an appearance ticket.
  2. (a)  Whenever a police officer has  arrested  a  person  without  a
warrant  for  an  offense  other  than  a class A, B, C or D felony or a
violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or  215.56
of  the  penal  law pursuant to section 140.10,  or (b) whenever a peace
officer, who is not authorized by law to issue an appearance ticket, has
arrested a person for an offense other than a class A, B, C or D  felony
or  a  violation  of section 130.25, [130.40,] 205.10, 205.17, 205.19 or
215.56 of the penal law pursuant to section 140.25, and has requested  a
police  officer  to issue and serve upon such arrested person an appear-
ance ticket pursuant to subdivision four of section 140.27, or (c) when-
ever a person has been arrested for an offense other than a class A,  B,
C  or  D  felony  or  a  violation  of section 130.25, [130.40,] 205.10,
205.17, 205.19 or 215.56 of the penal law and has been delivered to  the
custody  of  an  appropriate  police officer pursuant to section 140.40,
such police officer may, instead of bringing such person before a  local
criminal  court and promptly filing or causing the arresting peace offi-
cer or arresting person  to  file  a  local  criminal  court  accusatory
instrument  therewith, issue to and serve upon such person an appearance
ticket.  The issuance and service of an  appearance  ticket  under  such
circumstances may be conditioned upon a deposit of pre-arraignment bail,
as provided in section 150.30.
  3.  A  public  servant  other  than a police officer, who is specially
authorized by state law or local law enacted pursuant to the  provisions
of  the  municipal  home  rule law to issue and serve appearance tickets
with respect to designated offenses other than class A, B, C or D  felo-
nies  or  violations of section 130.25, [130.40,] 205.10, 205.17, 205.19
or 215.56 of the penal law, may in such cases issue  and  serve  upon  a
person an appearance ticket when he has reasonable cause to believe that
such  person  has committed a crime, or has committed a petty offense in
his presence.
  S 27. Subdivision 4 of section 180.75 of the criminal  procedure  law,
as  amended  by  chapter  264 of the laws of 2003, is amended to read as
follows:
  4. Notwithstanding the provisions of subdivisions  two  and  three  of
this  section,  a  local  criminal  court  shall,  at the request of the
district attorney, order removal of an action against a juvenile  offen-
der  to  the  family  court  pursuant to the provisions of article seven
hundred twenty-five of this chapter if, upon consideration of the crite-
ria specified in subdivision two of section 210.43 of this  chapter,  it
is  determined  that  to  do  so  would  be in the interests of justice.
Where, however, the felony complaint charges the juvenile offender  with

A. 4959--A                         12

murder  in  the  second degree as defined in section 125.25 of the penal
law, rape in the first degree as defined in PARAGRAPH (A) OF subdivision
one, PARAGRAPH (A) OF SUBDIVISION TWO OR PARAGRAPH  (A)  OF  SUBDIVISION
THREE  of  section  130.35 of the penal law, [criminal sexual act in the
first degree as defined in subdivision one  of  section  130.50  of  the
penal  law,]  or an armed felony as defined in paragraph (a) of subdivi-
sion forty-one of section 1.20 of this  chapter,  a  determination  that
such  action be removed to the family court shall, in addition, be based
upon a finding of one or more of the following factors:  (i)  mitigating
circumstances  that bear directly upon the manner in which the crime was
committed; or (ii) where the defendant was not the sole  participant  in
the  crime,  the defendant's participation was relatively minor although
not so minor as to constitute a defense to  the  prosecution;  or  (iii)
possible deficiencies in proof of the crime.
  S 28. Subdivision (a) of section 190.71 of the criminal procedure law,
as  amended  by  chapter  7  of  the laws of 2007, is amended to read as
follows:
  (a) Except as provided in subdivision six of section  200.20  of  this
chapter,  a grand jury may not indict (i) a person thirteen years of age
for any conduct or crime other than conduct constituting a crime defined
in subdivisions one and two of section  125.25  (murder  in  the  second
degree) or such conduct as a sexually motivated felony, where authorized
pursuant  to  section 130.91 of the penal law; (ii) a person fourteen or
fifteen years of age for any conduct or crime other than conduct consti-
tuting a crime defined in subdivisions one and  two  of  section  125.25
(murder  in  the second degree) and in subdivision three of such section
provided that the underlying crime for the  murder  charge  is  one  for
which  such  person is criminally responsible; 135.25 (kidnapping in the
first degree); 150.20 (arson in the first degree); subdivisions one  and
two of section 120.10 (assault in the first degree); 125.20 (manslaught-
er  in  the first degree); [subdivisions one and] PARAGRAPHS (A) AND (B)
OF SUBDIVISION ONE, PARAGRAPHS (A) AND (B) OF SUBDIVISION two AND  PARA-
GRAPHS  (A)  AND (B) OF SUBDIVISION THREE of section 130.35 (rape in the
first degree); [subdivisions one and two  of  section  130.50  (criminal
sexual act in the first degree);] 130.70 (aggravated sexual abuse in the
first degree); 140.30 (burglary in the first degree); subdivision one of
section  140.25  (burglary  in  the second degree); 150.15 (arson in the
second degree); 160.15 (robbery in the first degree); subdivision two of
section 160.10 (robbery in the second degree) of the penal law;  [subdi-
vision  four  of  section 265.02 of the penal law, where such firearm is
possessed on school grounds, as that phrase is  defined  in  subdivision
fourteen  of  section 220.00 of the penal law;] or section 265.03 of the
penal law, where such machine gun or such firearm is possessed on school
grounds, as that phrase is defined in subdivision  fourteen  of  section
220.00  of  the  penal law; or defined in the penal law as an attempt to
commit murder in the second degree or kidnapping in the first degree, or
such conduct as a sexually motivated felony, where  authorized  pursuant
to section 130.91 of the penal law.
  S 29. Paragraph (b) of subdivision 1 of section 210.43 of the criminal
procedure law, as amended by chapter 264 of the laws of 2003, is amended
to read as follows:
  (b)  with  the  consent  of the district attorney, order removal of an
action involving an indictment charging a juvenile offender with  murder
in the second degree as defined in section 125.25 of the penal law; rape
in  the  first  degree,  as defined in PARAGRAPH (A) OF subdivision one,
PARAGRAPH (A) OF SUBDIVISION TWO AND PARAGRAPH (A) OF SUBDIVISION  THREE

A. 4959--A                         13

of  section  130.35  of the penal law; [criminal sexual act in the first
degree, as defined in subdivision one of section  130.50  of  the  penal
law;]  or  an  armed  felony  as defined in paragraph (a) of subdivision
forty-one  of  section  1.20,  to  the  family  court  pursuant  to  the
provisions of article seven hundred twenty-five of this chapter  if  the
court finds one or more of the following factors: (i) mitigating circum-
stances  that  bear  directly  upon  the  manner  in which the crime was
committed; (ii) where the defendant was not the sole participant in  the
crime,  the  defendant's participation was relatively minor although not
so minor as to constitute a defense to the prosecution; or (iii)  possi-
ble  deficiencies in the proof of the crime, and, after consideration of
the factors set forth in subdivision two  of  this  section,  the  court
determined  that  removal  of the action to the family court would be in
the interests of justice.
  S 30. Subparagraph (iii) of paragraph (g) of subdivision 5 of  section
220.10  of  the criminal procedure law, as amended by chapter 264 of the
laws of 2003, is amended to read as follows:
  (iii) Where the indictment  does  not  charge  a  crime  specified  in
subparagraph  (i) of this paragraph, the district attorney may recommend
removal of the action to the family court. Upon making such  recommenda-
tion  the district attorney shall submit a subscribed memorandum setting
forth: (1) a recommendation that the interests of justice would best  be
served  by  removal  of  the  action to the family court; and (2) if the
indictment charges a thirteen year old with the crime of murder  in  the
second degree, or a fourteen or fifteen year old with the crimes of rape
in  the  first  degree  as  defined in PARAGRAPH (A) OF subdivision one,
PARAGRAPH (A) OF SUBDIVISION TWO AND PARAGRAPH (A) OF SUBDIVISION  THREE
of section 130.35 of the penal law, [or criminal sexual act in the first
degree  as  defined  in  subdivision  one of section 130.50 of the penal
law,] or an armed felony as defined  in  paragraph  (a)  of  subdivision
forty-one  of section 1.20 of this chapter specific factors, one or more
of which reasonably supports the recommendation, showing, (i) mitigating
circumstances that bear directly upon the manner in which the crime  was
committed,  or  (ii) where the defendant was not the sole participant in
the crime, that  the  defendant's  participation  was  relatively  minor
although  not so minor as to constitute a defense to the prosecution, or
(iii) possible deficiencies in proof of the crime,  or  (iv)  where  the
juvenile  offender  has  no previous adjudications of having committed a
designated felony act, as defined in subdivision eight of section  301.2
of  the  family  court act, regardless of the age of the offender at the
time of commission of the act, that the criminal act was not part  of  a
pattern  of  criminal behavior and, in view of the history of the offen-
der, is not likely to be repeated.
  S 31. Subdivision 6 of section 300.50 of the criminal  procedure  law,
as  amended  by  chapter  264 of the laws of 2003, is amended to read as
follows:
  6. For purposes of this section, the offenses of  rape  in  the  third
degree  as  defined in [subdivision three] SUBDIVISIONS SEVEN, EIGHT AND
NINE of section 130.25 of the penal law [and criminal sexual act in  the
third  degree  as  defined in subdivision three of section 130.40 of the
penal law], are not lesser  included  offenses  of  rape  in  the  first
degree[,  criminal sexual act in the first degree] or any other offense.
Notwithstanding the foregoing, either such offense may be submitted as a
lesser included offense of the applicable first degree offense when  (i)
there is a reasonable view of the evidence which would support a finding

A. 4959--A                         14

that  the defendant committed such lesser offense but did not commit the
greater offense, and (ii) both parties consent to its submission.
  S  32.  Subdivision 6 of section 380.50 of the criminal procedure law,
as amended by chapter 320 of the laws of 2006, is  amended  to  read  as
follows:
  6.  Regardless of whether the victim requests to make a statement with
regard to the defendant's sentence, where the defendant is sentenced for
a violent felony offense as defined in section 70.02 of the penal law or
a felony defined in article one hundred twenty-five of such law  or  any
of  the  following  provisions  of  such  law  sections  130.25, 130.30,
[130.40, 130.45,] 255.25, 255.26, 255.27,  article  two  hundred  sixty-
three, 135.10, 135.25, 230.05, 230.06, subdivision two of section 230.30
or  230.32, the prosecutor shall, within sixty days of the imposition of
sentence, provide the victim with a form on which the victim  may  indi-
cate  a demand to be informed of any petition to change the name of such
defendant.   Such forms shall be maintained  by  such  prosecutor.  Upon
receipt of a notice of a petition to change the name of any such defend-
ant,  pursuant  to  subdivision  two  of  section sixty-two of the civil
rights law, the prosecutor shall promptly notify the victim at the  most
current  address or telephone number provided by such victim in the most
reasonable and expedient possible manner of  the  time  and  place  such
petition will be presented to the court.
  S 33. Paragraph (b) of subdivision 8 of section 700.05 of the criminal
procedure law, as amended by chapter 405 of the laws of 2010, is amended
to read as follows:
  (b)  Any  of  the  following felonies: assault in the second degree as
defined in section 120.05 of the penal law, assault in the first  degree
as  defined in section 120.10 of the penal law, reckless endangerment in
the first degree as defined in section 120.25 of the penal law,  promot-
ing  a  suicide  attempt  as defined in section 120.30 of the penal law,
strangulation in the second degree as defined in section 121.12  of  the
penal  law,  strangulation  in  the  first  degree as defined in section
121.13 of the penal law, criminally negligent  homicide  as  defined  in
section  125.10  of  the penal law, manslaughter in the second degree as
defined in section 125.15 of the penal law, manslaughter  in  the  first
degree  as  defined  in  section  125.20 of the penal law, murder in the
second degree as defined in section 125.25 of the penal law,  murder  in
the first degree as defined in section 125.27 of the penal law, abortion
in  the  second  degree  as  defined in section 125.40 of the penal law,
abortion in the first degree as defined in section 125.45 of  the  penal
law,  rape in the third degree as defined in section 130.25 of the penal
law, rape in the second degree as defined in section 130.30 of the penal
law, rape in the first degree as defined in section 130.35 of the  penal
law,  [criminal  sexual  act  in  the third degree as defined in section
130.40 of the penal law, criminal sexual act in  the  second  degree  as
defined  in  section 130.45 of the penal law, criminal sexual act in the
first degree as defined in section 130.50  of  the  penal  law,]  sexual
abuse in the first degree as defined in section 130.65 of the penal law,
unlawful  imprisonment  in the first degree as defined in section 135.10
of the penal law, kidnapping in the second degree as defined in  section
135.20  of  the  penal law, kidnapping in the first degree as defined in
section 135.25 of the penal law, labor trafficking as defined in section
135.35 of the penal law, custodial interference in the first  degree  as
defined in section 135.50 of the penal law, coercion in the first degree
as  defined in section 135.65 of the penal law, criminal trespass in the
first degree as defined in section 140.17 of the penal law, burglary  in

A. 4959--A                         15

the third degree as defined in section 140.20 of the penal law, burglary
in  the  second  degree  as  defined in section 140.25 of the penal law,
burglary in the first degree as defined in section 140.30 of  the  penal
law,  criminal mischief in the third degree as defined in section 145.05
of the penal law, criminal mischief in the second degree as  defined  in
section  145.10  of the penal law, criminal mischief in the first degree
as defined in section 145.12 of the penal law, criminal tampering in the
first degree as defined in section 145.20 of the penal law, arson in the
fourth degree as defined in section 150.05 of the penal  law,  arson  in
the third degree as defined in section 150.10 of the penal law, arson in
the  second  degree as defined in section 150.15 of the penal law, arson
in the first degree as defined in section 150.20 of the penal law, grand
larceny in the fourth degree as defined in section 155.30 of  the  penal
law,  grand  larceny in the third degree as defined in section 155.35 of
the penal law, grand larceny in the second degree as defined in  section
155.40 of the penal law, grand larceny in the first degree as defined in
section  155.42 of the penal law, health care fraud in the fourth degree
as defined in section 177.10 of the penal law, health care fraud in  the
third  degree as defined in section 177.15 of the penal law, health care
fraud in the second degree as defined in section  177.20  of  the  penal
law,  health care fraud in the first degree as defined in section 177.25
of the penal law, robbery in the third  degree  as  defined  in  section
160.05  of  the  penal  law,  robbery in the second degree as defined in
section 160.10 of the penal law, robbery in the first degree as  defined
in  section  160.15  of the penal law, unlawful use of secret scientific
material as defined  in  section  165.07  of  the  penal  law,  criminal
possession of stolen property in the fourth degree as defined in section
165.45  of  the penal law, criminal possession of stolen property in the
third degree as defined in section 165.50 of  the  penal  law,  criminal
possession of stolen property in the second degree as defined by section
165.52  of  the penal law, criminal possession of stolen property in the
first degree as defined by section 165.54 of the  penal  law,  trademark
counterfeiting  in the second degree as defined in section 165.72 of the
penal law, trademark counterfeiting in the first degree  as  defined  in
section 165.73 of the penal law, forgery in the second degree as defined
in  section  170.10  of  the  penal  law, forgery in the first degree as
defined in section 170.15 of the penal law,  criminal  possession  of  a
forged  instrument  in the second degree as defined in section 170.25 of
the penal law, criminal possession of a forged instrument in  the  first
degree  as  defined  in  section  170.30  of  the  penal  law,  criminal
possession of forgery devices as defined in section 170.40 of the  penal
law,  falsifying  business  records  in  the  first degree as defined in
section 175.10 of the penal law, tampering with public  records  in  the
first  degree  as defined in section 175.25 of the penal law, offering a
false instrument for filing in the first degree as  defined  in  section
175.35  of  the  penal  law,  issuing  a false certificate as defined in
section 175.40 of the penal  law,  criminal  diversion  of  prescription
medications and prescriptions in the second degree as defined in section
178.20  of the penal law, criminal diversion of prescription medications
and prescriptions in the first degree as defined in  section  178.25  of
the  penal  law,  residential  mortgage  fraud  in  the fourth degree as
defined in section 187.10 of the penal law, residential  mortgage  fraud
in the third degree as defined in section 187.15 of the penal law, resi-
dential mortgage fraud in the second degree as defined in section 187.20
of  the  penal  law,  residential  mortgage fraud in the first degree as
defined in section 187.25 of the penal law, escape in the second  degree

A. 4959--A                         16

as  defined  in  section  205.10  of  the penal law, escape in the first
degree as defined in section 205.15 of the penal  law,  absconding  from
temporary  release  in  the first degree as defined in section 205.17 of
the  penal  law,  promoting  prison  contraband  in  the first degree as
defined in section 205.25 of the penal law, hindering prosecution in the
second degree as defined in section 205.60 of the penal  law,  hindering
prosecution  in  the  first  degree  as defined in section 205.65 of the
penal law, sex trafficking as defined in section  230.34  of  the  penal
law,  criminal  possession of a weapon in the third degree as defined in
subdivisions two, three and five of section 265.02  of  the  penal  law,
criminal  possession  of  a  weapon  in  the second degree as defined in
section 265.03 of the penal law, criminal possession of a weapon in  the
first degree as defined in section 265.04 of the penal law, manufacture,
transport,  disposition  and defacement of weapons and dangerous instru-
ments and appliances defined as felonies in subdivisions one,  two,  and
three  of  section  265.10 of the penal law, sections 265.11, 265.12 and
265.13 of the penal law, or prohibited use  of  weapons  as  defined  in
subdivision two of section 265.35 of the penal law, relating to firearms
and  other  dangerous  weapons,  or  failure to disclose the origin of a
recording in the first degree as defined in section 275.40 of the  penal
law;
  S 34. Paragraph (a) of subdivision 2 of section 720.10 of the criminal
procedure law, as amended by chapter 316 of the laws of 2006, is amended
to read as follows:
  (a)  the  conviction  to be replaced by a youthful offender finding is
for (i) a class A-I or class A-II felony, or (ii)  an  armed  felony  as
defined  in subdivision forty-one of section 1.20, except as provided in
subdivision three, or (iii) rape in the first degree[,  criminal  sexual
act in the first degree,] or aggravated sexual abuse, except as provided
in subdivision three, or
  S  35. Paragraph (a) of subdivision 2 and paragraph (a) of subdivision
3 of section 168-a of the correction law, paragraph (a) of subdivision 2
as amended by chapter 405 of the laws  of  2008  and  paragraph  (a)  of
subdivision 3 as amended by chapter 107 of the laws of 2006, are amended
to read as follows:
  (a)  (i)  a conviction of or a conviction for an attempt to commit any
of the provisions of sections 120.70, 130.20, 130.25,  130.30,  [130.40,
130.45,]  130.60,  230.34,  250.50, 255.25, 255.26 and 255.27 or article
two hundred sixty-three of the penal law,  or  section  135.05,  135.10,
135.20  or  135.25 of such law relating to kidnapping offenses, provided
the victim of such kidnapping or related offense is less than  seventeen
years  old  and the offender is not the parent of the victim, or section
230.04, where the person patronized is in fact less than seventeen years
of age, 230.05 or 230.06, or  subdivision  two  of  section  230.30,  or
section  230.32 or 230.33 of the penal law, or (ii) a conviction of or a
conviction for an attempt to commit any of  the  provisions  of  section
235.22 of the penal law, or (iii) a conviction of or a conviction for an
attempt  to commit any provisions of the foregoing sections committed or
attempted as a hate crime defined in section 485.05 of the penal law  or
as  a  crime  of terrorism defined in section 490.25 of such law or as a
sexually motivated felony defined in section 130.91 of such law; or
  (a) (i) a conviction of or a conviction for an attempt to  commit  any
of  the provisions of sections 130.35, [130.50,] 130.65, 130.66, 130.67,
130.70, 130.75, 130.80, 130.95 and 130.96 of the penal law,  or  (ii)  a
conviction  of  or  a  conviction  for  an  attempt to commit any of the
provisions of sections 130.53, 130.65-a and 130.90 of the penal law,  or

A. 4959--A                         17

(iii)  a  conviction  of  or  a  conviction for an attempt to commit any
provisions of the foregoing sections committed or attempted  as  a  hate
crime  defined  in  section  485.05  of  the  penal law or as a crime of
terrorism defined in section 490.25 of such law; or
  S  36.  Subparagraph (ii) of paragraph (a), subparagraphs (i) and (ii)
of paragraph (b) and paragraph (e) of subdivision 8 of section 384-b  of
the social services law, subparagraph (ii) of paragraph (a) and subpara-
graph  (i)  of  paragraph  (b)  as amended by chapter 430 of the laws of
2013, subparagraph (ii) of paragraph (b) as amended and paragraph (e) as
added by chapter 7 of the laws of 1999, are amended to read as follows:
  (ii) the child has been found to be an abused  child,  as  defined  in
paragraph  (iii) of subdivision (e) of section ten hundred twelve of the
family court act, as a result of such parent's acts; provided,  however,
the  respondent must have committed or knowingly allowed to be committed
a felony sex offense as defined  in  sections  130.25,  130.30,  130.35,
[130.40, 130.45, 130.50,] 130.65, 130.67, 130.70, 130.75, 130.80, 130.95
and  130.96  of  the penal law and, for the purposes of this section the
corroboration requirements contained in the penal law shall not apply to
proceedings under this section; or
  (i) the child has been found to be an abused child, (A) as defined  in
paragraph  (i)  of  subdivision (e) of section ten hundred twelve of the
family court act, as a result of such parent's acts; or (B)  as  defined
in  paragraph  (iii) of subdivision (e) of section ten hundred twelve of
the family court act, as a  result  of  such  parent's  acts;  provided,
however,  the  respondent must have committed or knowingly allowed to be
committed a felony sex offense as defined in  sections  130.25,  130.30,
130.35,  [130.40,  130.45,  130.50,]  130.65,  130.67,  130.70,  130.75,
130.80, 130.95 and 130.96 of the penal law; and
  (ii) (A) the child or another child for whose care such parent  is  or
has  been legally responsible has been previously found, within the five
years immediately preceding the initiation of the  proceeding  in  which
such  abuse is found, to be an abused child, as defined in paragraph (i)
or (iii) of subdivision (e) of section ten hundred twelve of the  family
court  act, as a result of such parent's acts; provided, however, in the
case of a finding of abuse as defined in paragraph (iii) of  subdivision
(e) of section ten hundred twelve of the family court act the respondent
must  have  committed  or knowingly allowed to be committed a felony sex
offense as defined in sections 130.25, 130.30, 130.35, [130.40,  130.45,
130.50,]  130.65, 130.67, 130.70, 130.75 and 130.80 of the penal law, or
(B) the parent has been convicted  of  a  crime  under  section  130.25,
130.30, 130.35, [130.40, 130.45, 130.50,] 130.65, 130.67, 130.70, 130.75
or  130.80 of the penal law against the child, a sibling of the child or
another child for whose care such parent is or has been legally  respon-
sible,  within the five year period immediately preceding the initiation
of the proceeding in which abuse is found; and
  (e) A determination by the court in accordance with article ten of the
family court act based upon clear and convincing evidence that  a  child
was abused (A) as defined in paragraph (i) of subdivision (e) of section
ten hundred twelve of the family court act, as a result of such parent's
acts; or (B) as defined in paragraph (iii) of subdivision (e) of section
ten hundred twelve of the family court act, as a result of such parent's
acts; provided, however, the respondent must have committed or knowingly
allowed  to  be  committed  a  felony sex offense as defined in sections
130.25,  130.30,  130.35,  [130.40,  130.45,  130.50,]  130.65,  130.67,
130.70,  130.75  and  130.80  of  the penal law shall establish that the
child was an abused child for the purpose of a determination as required

A. 4959--A                         18

by subparagraph (i) or (ii) of paragraph (b) of this subdivision. Such a
determination by the court in accordance with article ten of the  family
court  act based upon a fair preponderance of evidence shall be admissi-
ble in any proceeding commenced in accordance with this section.
  S 37. Paragraphs (a) and (b) of subdivision 4 of section 509-cc of the
vehicle  and traffic law, as amended by chapter 400 of the laws of 2011,
are amended to read as follows:
  (a) The offenses referred to in subparagraph (ii) of paragraph (a)  of
subdivision  one  and  paragraph  (a) of subdivision two of this section
that result in permanent disqualification  shall  include  a  conviction
under  sections  125.12, 125.13, 125.14, 125.15, 125.20, 125.21, 125.22,
125.25,  125.26,  125.27,  130.30,  130.35,  [130.45,  130.50,]  130.65,
130.66,  130.67, 130.70, 130.75, 130.80, 130.90, 130.95, 130.96, 135.25,
150.20, 230.30, 230.32, 230.34, 235.22, 263.05, 263.10, 263.11,  263.15,
263.16  of  the  penal  law or an attempt to commit any of the aforesaid
offenses under section 110.00 of the penal law, or any offenses  commit-
ted  under  a  former  section  of  the penal law which would constitute
violations of the aforesaid sections of the penal law, or  any  offenses
committed  outside  this  state which would constitute violations of the
aforesaid sections of the penal law.
  (b) The offenses referred to in subparagraph (ii) of paragraph (a)  of
subdivision  one  and  paragraph  (b) of subdivision two of this section
that result in permanent disqualification  shall  include  a  conviction
under  sections  100.13, 105.15, 105.17, 115.08, 120.12, 120.70, 125.10,
125.11, [130.40,] 130.53,  130.60,  130.65-a,  135.20,  160.15,  220.18,
220.21,  220.39,  220.41,  220.43, 220.44, 230.25, 260.00, 265.04 of the
penal law or an attempt to commit any of the  aforesaid  offenses  under
section  110.00  of  the  penal  law,  or any offenses committed under a
former section of the penal law which would constitute violations of the
aforesaid sections of the penal law, or any offenses  committed  outside
this  state  which would constitute violations of the aforesaid sections
of the penal law.
  S 38. Subdivision (b) of section 117  of  the  family  court  act,  as
amended by chapter 7 of the laws of 2007, is amended to read as follows:
  (b)  For  every  juvenile  delinquency  proceeding under article three
involving an allegation of an act committed by a person which,  if  done
by  an adult, would be a crime (i) defined in sections 125.27 (murder in
the first degree); 125.25 (murder in the second degree); 135.25 (kidnap-
ping in the first degree); or 150.20 (arson in the first degree) of  the
penal  law  committed by a person thirteen, fourteen or fifteen years of
age; or such conduct committed as a  sexually  motivated  felony,  where
authorized  pursuant to section 130.91 of the penal law; (ii) defined in
sections 120.10 (assault in the first degree); 125.20  (manslaughter  in
the  first degree); 130.35 (rape in the first degree); [130.50 (criminal
sexual act in the first  degree);]  135.20  (kidnapping  in  the  second
degree),  but only where the abduction involved the use or threat of use
of deadly physical force; 150.15 (arson in the second degree); or 160.15
(robbery in the first degree) of the penal law  committed  by  a  person
thirteen, fourteen or fifteen years of age; or such conduct committed as
a sexually motivated felony, where authorized pursuant to section 130.91
of the penal law; (iii) defined in the penal law as an attempt to commit
murder  in  the first or second degree or kidnapping in the first degree
committed by a person thirteen, fourteen or fifteen  years  of  age;  or
such  conduct committed as a sexually motivated felony, where authorized
pursuant to section 130.91 of the penal law;  (iv)  defined  in  section
140.30 (burglary in the first degree); subdivision one of section 140.25

A. 4959--A                         19

(burglary  in  the  second  degree);  subdivision  two of section 160.10
(robbery in the second degree) of the penal law; or  section  265.03  of
the  penal  law,  where such machine gun or such firearm is possessed on
school  grounds,  as  that  phrase is defined in subdivision fourteen of
section 220.00 of the penal  law  committed  by  a  person  fourteen  or
fifteen  years of age; or such conduct committed as a sexually motivated
felony, where authorized pursuant to section 130.91 of  the  penal  law;
(v)  defined  in section 120.05 (assault in the second degree) or 160.10
(robbery in the second degree) of the penal law committed  by  a  person
fourteen  or  fifteen years of age but only where there has been a prior
finding by a court that such person  has  previously  committed  an  act
which,  if  committed  by an adult, would be the crime of assault in the
second degree, robbery in the second degree or any designated felony act
specified in clause (i), (ii) or (iii) of this subdivision regardless of
the age of such person at the time of the commission of the  prior  act;
or  (vi)  other than a misdemeanor, committed by a person at least seven
but less than sixteen years of age, but only where there  has  been  two
prior  findings  by the court that such person has committed a prior act
which, if committed by an adult would be a felony:
  (i) There is hereby established in the family court in the city of New
York at least one "designated felony act part." Such part or parts shall
be held separate from all other proceedings of the court, and shall have
jurisdiction over all proceedings involving such an allegation. All such
proceedings shall be originated in or be transferred to this  part  from
other parts as they are made known to the court.
  (ii)  Outside  the city of New York, all proceedings involving such an
allegation shall have a hearing preference over every  other  proceeding
in the court, except proceedings under article ten.
  S  39.  Paragraph (ii) of subdivision 8 of section 301.2 of the family
court act, as amended by chapter 7 of the laws of 2007,  is  amended  to
read as follows:
  (ii)  defined in sections 120.10 (assault in the first degree); 125.20
(manslaughter in the first degree); 130.35 (rape in the  first  degree);
[130.50  (criminal  sexual act in the first degree);] 130.70 (aggravated
sexual abuse in the first degree);  135.20  (kidnapping  in  the  second
degree)  but  only where the abduction involved the use or threat of use
of deadly physical force; 150.15 (arson in the second degree) or  160.15
(robbery  in  the  first  degree) of the penal law committed by a person
thirteen, fourteen or fifteen years of age; or such conduct committed as
a sexually motivated felony, where authorized pursuant to section 130.91
of the penal law;
  S 40. Subdivision 4 of section 308.1  of  the  family  court  act,  as
amended  by  chapter  264  of  the  laws  of 2003, is amended to read as
follows:
  4. The probation service shall not adjust a case in  which  the  child
has  allegedly committed a delinquent act which would be a crime defined
in section 120.25, (reckless endangerment in the first degree),  [subdi-
vision  one  of  section  125.15,  (manslaughter  in the second degree),
subdivision] SUBDIVISIONS one, TWO AND THREE of section 130.25, (rape in
the third degree), [subdivision one of section 130.40, (criminal  sexual
act  in  the  third  degree),] subdivision one or two of section 130.65,
(sexual abuse in the first degree), section  135.65,  (coercion  in  the
first  degree),  section 140.20, (burglary in the third degree), section
150.10, (arson in the third degree), section  160.05,  (robbery  in  the
third degree), subdivision two, three or four of section 265.02, (crimi-
nal possession of a weapon in the third degree), section 265.03, (crimi-

A. 4959--A                         20

nal  possession  of  a  weapon in the second degree), or section 265.04,
(criminal possession of a dangerous weapon in the first degree)  of  the
penal  law where the child has previously had one or more adjustments of
a  case  in which such child allegedly committed an act which would be a
crime specified in this  subdivision  unless  it  has  received  written
approval from the court and the appropriate presentment agency.
  S  41.  Subdivision  (c)  of  section 1052 of the family court act, as
added by chapter 739 of the laws of 1981, is amended to read as follows:
  (c) Prior to granting an order of disposition pursuant to  subdivision
(a) of this section following an adjudication of child abuse, as defined
in  paragraph  (i)  of  subdivision (e) of section ten hundred twelve of
this act or a finding of a felony sex offense  as  defined  in  sections
130.25,  130.30,  130.35, [130.40, 130.45, 130.50,] 130.65 and 130.70 of
the penal law, the court shall advise the respondent that any subsequent
adjudication of child abuse, as defined in paragraph (i) of  subdivision
(e) of section one thousand twelve of this act or any subsequent finding
of  a  felony  sex offense as defined in those sections of the penal law
herein enumerated, arising out of acts of the respondent may  result  in
the  commitment  of the guardianship and custody of the child or another
child pursuant to section three  hundred  eighty-four-b  of  the  social
services law. The order in such cases shall contain a statement that any
subsequent  adjudication  of  child  abuse  or  finding  of a felony sex
offense as described herein may result in the commitment of the  guardi-
anship  and  custody  of the child, or another child pursuant to section
three hundred eighty-four-b of the social services law.
  S 42. Subdivision 2 of section 61 of the civil rights law, as  amended
by  section 54 of subpart B of part C of chapter 62 of the laws of 2011,
is amended to read as follows:
  2. If the petitioner stands convicted of a violent felony  offense  as
defined in section 70.02 of the penal law or a felony defined in article
one  hundred  twenty-five of such law or any of the following provisions
of such law sections 130.25, 130.30, [130.40, 130.45,]  255.25,  255.26,
255.27, article two hundred sixty-three, 135.10, 135.25, 230.05, 230.06,
subdivision  two  of section 230.30 or 230.32, and is currently confined
as an inmate in any correctional facility or currently under the  super-
vision  of  the department of corrections and community supervision or a
county probation department as a result of such conviction, the petition
shall for each such conviction specify such felony conviction, the  date
of  such  conviction  or  convictions,  and  the  court  in  which  such
conviction or convictions were entered.
  S 43. Subdivision 2 of section 62 of the civil rights law, as  amended
by  section 55 of subpart B of part C of chapter 62 of the laws of 2011,
is amended to read as follows:
  2. If the petition be  to  change  the  name  of  a  person  currently
confined  as  an  inmate in any correctional facility or currently under
the supervision of the department of corrections  and  community  super-
vision  or a county probation department as a result of a conviction for
a violent felony offense as defined in section 70.02 of the penal law or
a felony defined in article one hundred twenty-five of such law  or  any
of  the  following  provisions  of  such  law  sections  130.25, 130.30,
[130.40, 130.45,] 255.25, 255.26, 255.27,  article  two  hundred  sixty-
three, 135.10, 135.25, 230.05, 230.06, subdivision two of section 230.30
or 230.32, notice of the time and place when and where the petition will
be  presented  shall  be  served, in like manner as a notice of a motion
upon an attorney in an action, upon the district attorney of every coun-
ty in which such person has been convicted of such felony and  upon  the

A. 4959--A                         21

court  or  courts  in  which  the  sentence for such felony was entered.
Unless a shorter period of time is ordered by  the  court,  said  notice
shall be served upon each such district attorney and court or courts not
less than sixty days prior to the date on which such petition is noticed
to be heard.
  S  44. The closing paragraph of section 64 of the civil rights law, as
separately amended by chapters 258, 320 and 481 of the laws of 2006,  is
amended to read as follows:
  Upon  compliance with the order and the filing of the affidavit of the
publication, as provided in this section, the  clerk  of  the  court  in
which  the  order has been entered shall certify that the order has been
complied with; and, if the petition states that  the  petitioner  stands
convicted of a violent felony offense as defined in section 70.02 of the
penal law or a felony defined in article one hundred twenty-five of such
law  or  any  of  the  following provisions of such law sections 130.25,
130.30, [130.40, 130.45,] 255.25, 255.26, 255.27,  article  two  hundred
sixty-three,  135.10, 135.25, 230.05, 230.06, subdivision two of section
230.30 or 230.32, such clerk (1) shall deliver, by first class  mail,  a
copy  of  such  certified  order  to  the  division  of criminal justice
services at its office in the county of Albany and (2) upon the clerk of
the court reviewing the petitioner's application  for  name  change  and
subsequent in-court inquiry, may, in the clerk's discretion, deliver, by
first class mail, the petitioner's new name with such certified order to
the court of competent jurisdiction which imposed the orders of support.
Such  certification shall appear on the original order and on any certi-
fied copy thereof and shall be entered in the  clerk's  minutes  of  the
proceeding.
  S  45.  Section 213-c of the civil practice law and rules, as added by
chapter 3 of the laws of 2006, is amended to read as follows:
  S 213-c. Action by  victim  of  conduct  constituting  certain  sexual
offenses.  Notwithstanding  any other limitation set forth in this arti-
cle, a civil claim or cause of action to recover  from  a  defendant  as
hereinafter  defined,  for  physical,  psychological  or other injury or
condition suffered by a person as a result of acts by such defendant  of
rape  in the first degree as defined in section 130.35 of the penal law,
[or criminal sexual act in the first degree as defined in section 130.50
of the penal law,] or aggravated sexual abuse in  the  first  degree  as
defined  in section 130.70 of the penal law, or course of sexual conduct
against a child in the first degree as defined in section 130.75 of  the
penal law may be brought within five years. As used in this section, the
term "defendant" shall mean only a person who commits the acts described
in  this section or who, in a criminal proceeding, could be charged with
criminal liability for the commission of such acts pursuant  to  section
20.00 of the penal law and shall not apply to any related civil claim or
cause of action arising from such acts. Nothing in this section shall be
construed  to  require  that  a criminal charge be brought or a criminal
conviction be obtained as a condition  of  bringing  a  civil  cause  of
action  or  receiving  a  civil  judgment pursuant to this section or be
construed to require that any of the rules governing a criminal proceed-
ing be applicable to any such civil action.
  S 46. Paragraph (b) of subdivision 8 of section 215 of the civil prac-
tice law and rules, as added by chapter  3  of  the  laws  of  2006,  is
amended to read as follows:
  (b)  Whenever  it  is  shown  that  a criminal action against the same
defendant has been commenced with respect to  the  event  or  occurrence
from  which  a  claim governed by this section arises, and such criminal

A. 4959--A                         22

action is for rape in the first degree as defined in section  130.35  of
the penal law, [or criminal sexual act in the first degree as defined in
section  130.50  of  the  penal  law,] or aggravated sexual abuse in the
first degree as defined in section 130.70 of the penal law, or course of
sexual conduct against a child in the first degree as defined in section
130.75  of  the  penal law, the plaintiff shall have at least five years
from the termination of the criminal action as defined in  section  1.20
of  the  criminal  procedure  law in which to commence the civil action,
notwithstanding that the time in  which  to  commence  such  action  has
already expired or has less than a year remaining.
  S  47.  Subdivision  11  of section 123 of the agriculture and markets
law, as amended by chapter 392 of the laws of 2004, and such section  as
renumbered by section 18 of part T of chapter 59 of the laws of 2010, is
amended to read as follows:
  11.  The owner shall not be liable pursuant to subdivision six, seven,
eight, nine or ten of this section if the dog was coming to the  aid  or
defense  of  a person during the commission or attempted commission of a
murder, robbery, burglary, arson, rape in the first degree as defined in
PARAGRAPH (A) OR (B) OF subdivision one [or], PARAGRAPH (A)  OR  (B)  OF
SUBDIVISION  two OR PARAGRAPH (A) OR (B) OF SUBDIVISION THREE of section
130.35 of the penal law[, criminal sexual act in  the  first  degree  as
defined in subdivision one or two of section 130.50 of the penal law] or
kidnapping within the dwelling or upon the real property of the owner of
the  dog and the dog injured or killed the person committing such crimi-
nal activity.
  S 48. Section 4 of the judiciary law, as amended by chapter 264 of the
laws of 2003, is amended to read as follows:
  S 4. Sittings of courts to be public.  The  sittings  of  every  court
within  this  state shall be public, and every citizen may freely attend
the same, except that  in  all  proceedings  and  trials  in  cases  for
divorce,  seduction, abortion, rape, assault with intent to commit rape,
[criminal sexual act,] bastardy or filiation,  the  court  may,  in  its
discretion,  exclude  therefrom  all persons who are not directly inter-
ested therein, excepting jurors, witnesses, and officers of the court.
  S 49. Subdivision 2 of section 120.60 of the penal law, as amended  by
chapter 434 of the laws of 2000, is amended to read as follows:
  2. commits a class A misdemeanor defined in article one hundred thirty
of this chapter, or a class E felony defined in section 130.25, [130.40]
or 130.85 of this chapter, or a class D felony defined in section 130.30
[or 130.45] of this chapter.
  S  50.  Subdivision 1 of section 210.16 of the criminal procedure law,
as added by chapter 571 of the laws of  2007,  is  amended  to  read  as
follows:
  1.  (a)  In a case where an indictment or a superior court information
has been filed with a superior court which charges the defendant with  a
felony  offense  enumerated in any section of article one hundred thirty
of the penal law where an act of "[sexual  intercourse]  VAGINAL  SEXUAL
CONTACT",  "oral  sexual  [conduct]  CONTACT"  or "anal sexual [conduct]
CONTACT," as those terms are defined in section 130.00 of the penal law,
is required as an essential element  for  the  commission  thereof,  the
court  shall, upon a request of the victim within six months of the date
of the crimes charged, order that the defendant submit to human  immuno-
deficiency  virus (HIV) related testing. Testing of a defendant shall be
ordered when the result would provide medical benefit to the victim or a
psychological benefit to the victim. Medical benefit shall be found when
the following elements are satisfied: (i) a decision  is  pending  about

A. 4959--A                         23

beginning,  continuing,  or discontinuing a medical intervention for the
victim; and (ii) the result of an HIV test of the accused  could  affect
that  decision, and could provide relevant information beyond that which
would be provided by an HIV test of the victim. If testing the defendant
would  provide  medical benefit to the victim or a psychological benefit
to the victim, then the testing is to be conducted by a  state,  county,
or  local  public  health officer designated by the order. Test results,
which shall not be disclosed to the court, shall be communicated to  the
defendant  and  the  victim  named  in  the order in accordance with the
provisions of section twenty-seven hundred eighty-five-a of  the  public
health law.
  (b)  For  the purposes of this section, the terms "victim" and "appli-
cant" mean the person with whom the defendant is charged to have engaged
in an act of "[sexual intercourse] VAGINAL SEXUAL CONTACT", "oral sexual
[conduct] CONTACT" or "anal sexual [conduct] CONTACT",  as  those  terms
are  defined in section 130.00 of the penal law, where such conduct with
such victim was the basis for charging the  defendant  with  an  offense
specified in paragraph (a) of this subdivision.
  S  51.  Subdivision 1 of section 390.15 of the criminal procedure law,
as amended by chapter 264 of the laws of 2003, is  amended  to  read  as
follows:
  1.  (a)  In  any  case  where  the  defendant is convicted of a felony
offense enumerated in any section of article one hundred thirty  of  the
penal  law,  or  any subdivision of section 130.20 of such law, where an
act of "[sexual  intercourse]  VAGINAL  SEXUAL  CONTACT",  "oral  sexual
[conduct]  CONTACT"  or  "anal sexual [conduct] CONTACT," as those terms
are defined in section 130.00 of the penal law, is required as an essen-
tial element for the commission thereof, the court must, upon a  request
of the victim, order that the defendant submit to human immunodeficiency
(HIV)  related testing. The testing is to be conducted by a state, coun-
ty, or local  public  health  officer  designated  by  the  order.  Test
results,  which  shall  not be disclosed to the court, shall be communi-
cated to the defendant and the victim named in the order  in  accordance
with the provisions of section twenty-seven hundred eighty-five-a of the
public health law, but such results and disclosure need not be completed
prior to the imposition of sentence.
  (b)   For  the  purposes  of  this  section,  the  terms  "defendant",
"conviction" and "sentence" mean and include, respectively, an "eligible
youth," a "youthful offender finding" and a "youthful offender sentence"
as those terms are defined in section 720.10 of this chapter.  The  term
"victim"  means  the person with whom the defendant engaged in an act of
"[sexual intercourse] VAGINAL SEXUAL CONTACT",  "oral  sexual  [conduct]
CONTACT"  or "anal sexual [conduct] CONTACT", as those terms are defined
in section 130.00 of the penal law, where such conduct with such  victim
was  the basis for the defendant's conviction of an offense specified in
paragraph (a) of this subdivision.
  S 52. Subdivision 1 of section 347.1  of  the  family  court  act,  as
amended  by  chapter  264  of  the  laws  of 2003, is amended to read as
follows:
  1. (a) In any proceeding where the respondent  is  found  pursuant  to
section  345.1  or  346.1  of  this  article, to have committed a felony
offense enumerated in any section of article one hundred thirty  of  the
penal  law,  or any subdivision of section 130.20 of such law, for which
an act of "[sexual intercourse] VAGINAL SEXUAL  CONTACT",  "oral  sexual
[conduct]  CONTACT"  or  "anal sexual [conduct] CONTACT", as those terms
are defined in section 130.00 of the penal law, is required as an essen-

A. 4959--A                         24

tial element for the commission thereof, the court must, upon a  request
of the victim, order that the respondent submit to human immunodeficien-
cy  (HIV)  related  testing.  The testing is to be conducted by a state,
county,  or  local  public  health officer designated by the order. Test
results, which shall not be disclosed to the court,  shall  be  communi-
cated  to the respondent and the victim named in the order in accordance
with the provisions of section twenty-seven hundred eighty-five-a of the
public health law.
  (b) For the purposes of this section,  the  term  "victim"  means  the
person  with  whom  the  respondent engaged in an act of "[sexual inter-
course] VAGINAL SEXUAL CONTACT",  "oral  sexual  [conduct]  CONTACT"  or
"anal  sexual  [conduct] CONTACT", as those terms are defined in section
130.00 of the penal law, where such conduct with  such  victim  was  the
basis for the court's finding that the respondent committed acts consti-
tuting  one  or  more of the offenses specified in paragraph (a) of this
subdivision.
  S 53. Subdivision (a) of section 130.16 of the penal law,  as  amended
by chapter 264 of the laws of 2003, is amended to read as follows:
  (a) Establish that an attempt was made to engage the victim in [sexual
intercourse] VAGINAL SEXUAL CONTACT, oral sexual [conduct] CONTACT, anal
sexual  [conduct] CONTACT, or sexual contact, as the case may be, at the
time of the occurrence; and
  S 54. Subdivisions 1 and 2 of section 130.20 of the penal law,  subdi-
vision  1  as amended by chapter 1 of the laws of 2000, subdivision 2 as
amended by chapter 264 of the laws of  2003,  are  amended  to  read  as
follows:
  1.  He  or  she engages in [sexual intercourse] VAGINAL SEXUAL CONTACT
with another person without such person's consent; or
  2. He or she engages in oral sexual [conduct] CONTACT or  anal  sexual
[conduct] CONTACT with another person without such person's consent; or
  S 55. Paragraphs (a) and (b) of subdivision 1 of section 130.75 of the
penal law, as amended by chapter 264 of the laws of 2003, are amended to
read as follows:
  (a)  he  or  she  engages in two or more acts of sexual conduct, which
includes at  least  one  act  of  [sexual  intercourse]  VAGINAL  SEXUAL
CONTACT, oral sexual [conduct] CONTACT, anal sexual [conduct] CONTACT or
aggravated sexual contact, with a child less than eleven years old; or
  (b)  he  or  she,  being eighteen years old or more, engages in two or
more acts of sexual conduct, which include at least one act  of  [sexual
intercourse] VAGINAL SEXUAL CONTACT, oral sexual [conduct] CONTACT, anal
sexual [conduct] CONTACT or aggravated sexual contact, with a child less
than thirteen years old.
  S  56. Subdivision 1 of section 235.00 of the penal law, as amended by
chapter 264 of the laws of 2003, is amended to read as follows:
  1. "Obscene." Any material or performance  is  "obscene"  if  (a)  the
average  person,  applying  contemporary community standards, would find
that considered as a whole, its predominant appeal is  to  the  prurient
interest in sex, and (b) it depicts or describes in a patently offensive
manner,   actual  or  simulated:  [sexual  intercourse]  VAGINAL  SEXUAL
CONTACT, [criminal sexual act] ORAL SEXUAL CONTACT, ANAL SEXUAL CONTACT,
sexual bestiality, masturbation, sadism, masochism,  excretion  or  lewd
exhibition  of  the  genitals,  and  (c) considered as a whole, it lacks
serious literary, artistic, political, and scientific value. Predominant
appeal shall be judged with  reference  to  ordinary  adults  unless  it
appears  from  the character of the material or the circumstances of its

A. 4959--A                         25

dissemination to be designed for children or other [specially] ESPECIAL-
LY susceptible audience.
  S  57. Subdivision 2 of section 235.22 of the penal law, as amended by
chapter 264 of the laws of 2003, is amended to read as follows:
  2. by means of such communication he importunes, invites or induces  a
minor  to  engage  in  [sexual intercourse] VAGINAL SEXUAL CONTACT, oral
sexual [conduct] CONTACT or anal sexual  [conduct]  CONTACT,  or  sexual
contact  with  him, or to engage in a sexual performance, obscene sexual
performance, or sexual conduct for his benefit.
  S 58. Section 255.25 of the penal law, as amended by  chapter  320  of
the laws of 2006, is amended to read as follows:
S 255.25 Incest in the third degree.
  A  person  is  guilty  of  incest  in  the third degree when he or she
marries or engages in [sexual intercourse] VAGINAL SEXUAL CONTACT,  oral
sexual  [conduct] CONTACT or anal sexual [conduct] CONTACT with a person
whom he or she knows to be  related  to  him  or  her,  whether  through
marriage or not, as an ancestor, descendant, brother or sister of either
the whole or the half blood, uncle, aunt, nephew or niece.
  Incest in the third degree is a class E felony.
  S  59. Subdivision 3 of section 263.00 of the penal law, as amended by
chapter 264 of the laws of 2003, is amended to read as follows:
  3. "Sexual conduct" means actual  or  simulated  [sexual  intercourse]
VAGINAL  SEXUAL  CONTACT,  oral  sexual  [conduct]  CONTACT, anal sexual
[conduct]CONTACT,  sexual  bestiality,  masturbation,   sado-masochistic
abuse, or lewd exhibition of the genitals.
  S 60. Subdivision 3 of section 60.42 of the criminal procedure law, as
amended  by  chapter  264  of  the  laws  of 2003, is amended to read as
follows:
  3. rebuts evidence introduced by the people of the victim's failure to
engage in [sexual  intercourse]  VAGINAL  SEXUAL  CONTACT,  oral  sexual
[conduct]  CONTACT,  anal  sexual  [conduct]  CONTACT  or sexual contact
during a given period of time; or
  S 61. Subdivision 3 of section 344.4  of  the  family  court  act,  as
amended  by  chapter  264  of  the  laws  of 2003, is amended to read as
follows:
  3. rebuts  evidence  introduced  by  the  presentment  agency  of  the
victim's  failure  to  engage  in  [sexual  intercourse]  VAGINAL SEXUAL
CONTACT, oral sexual [conduct] CONTACT, anal sexual [conduct] CONTACT or
sexual contact during a given period of time; or
  S 62. Subdivision 4 of section 170 of the domestic relations  law,  as
amended  by  chapter  264  of  the  laws  of 2003, is amended to read as
follows:
  (4) The commission of an act of adultery, provided that  adultery  for
the  purposes  of articles ten, eleven, and eleven-A of this chapter, is
hereby defined as the commission of an act of [sexual intercourse] VAGI-
NAL SEXUAL  CONTACT,  oral  sexual  [conduct]  CONTACT  or  anal  sexual
[conduct] CONTACT, voluntarily performed by the defendant, with a person
other  than the plaintiff after the marriage of plaintiff and defendant.
Oral sexual [conduct] CONTACT and anal sexual [conduct] CONTACT include,
but are not limited to, sexual conduct as defined in subdivision two  of
section 130.00 and subdivision three of section 130.20 of the penal law.
  S  63.  Subdivision 4 of section 200 of the domestic relations law, as
amended by chapter 264 of the laws  of  2003,  is  amended  to  read  as
follows:
  4. The commission of an act of adultery by the defendant; except where
such  offense  is committed by the procurement or with the connivance of

A. 4959--A                         26

the plaintiff or where there is voluntary cohabitation  of  the  parties
with  the  knowledge  of  the  offense or where action was not commenced
within five years after the discovery by the plaintiff  of  the  offense
charged  or  where  the plaintiff has also been guilty of adultery under
such circumstances that the defendant would have been entitled, if inno-
cent, to a divorce, provided that adultery  for  the  purposes  of  this
subdivision  is  hereby  defined  as the commission of an act of [sexual
intercourse] VAGINAL SEXUAL CONTACT, oral sexual  [conduct]  CONTACT  or
anal  sexual  [conduct] CONTACT, voluntarily performed by the defendant,
with a person other than the plaintiff after the marriage  of  plaintiff
and  defendant.  Oral sexual [conduct] CONTACT and anal sexual [conduct]
CONTACT include, but are not limited to, sexual conduct  as  defined  in
subdivision  two  of  section  130.00  and  subdivision three of section
130.20 of the penal law.
  S 64. This act shall take effect on the ninetieth day after  it  shall
have become a law and shall apply to any offense on or after such effec-
tive  date.  As  it pertains to the repealed sections of law, nothing in
this act shall affect a requirement to register pursuant to article  6-C
of  the  correction law; a lawfully required disclosure of a conviction;
any restriction or prohibition for certain types of employment, housing,
or government  benefit;  or  any  other  ongoing  matter  related  to  a
conviction of the sections repealed in this act.