S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4249
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2017
                                ___________
 
 Introduced  by M. of A. SIMOTAS, COLTON, AUBRY, ENGLEBRIGHT, BRAUNSTEIN,
   DenDEKKER, BRINDISI, MORELLE, JAFFEE,  PERRY,  COOK,  HOOPER,  WEPRIN,
   SANTABARBARA,  SKOUFIS,  ROZIC,  HEVESI,  QUART, LIFTON, GJONAJ, OTIS,
   SEPULVEDA, MOSLEY, HAWLEY -- Multi-Sponsored by -- M.  of  A.  ARROYO,
   BUCHWALD,  FINCH,  FITZPATRICK, GALEF, GLICK, HIKIND, LUPARDO, MALLIO-
   TAKIS, McDONOUGH, MONTESANO, PEOPLES-STOKES, RA, WALTER --  read  once
   and referred to the Committee on Codes
 
 AN  ACT  to  amend  the  penal  law,  the  criminal  procedure  law, the
   correction law, the social services law, the vehicle and traffic  law,
   the family court act, the civil rights law, the civil practice law and
   rules,  the  agriculture  and  markets  law, the judiciary law and the
   domestic relations law, in relation to sex  offenses;  and  to  repeal
   certain provisions of the penal law relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Sections 130.40, 130.45 and 130.50 of  the  penal  law  are
 REPEALED.
   § 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.
   (b) "Anal sexual [conduct]  CONTACT"  means  conduct  between  persons
 consisting of contact between the penis and anus.
   §  3.  Section 130.25 of the penal law, as amended by chapter 1 of the
 laws of 2000, is amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04197-01-7

 A. 4249                             2
 
 § 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.
   §  4.  Section 130.30 of the penal law, as amended by chapter 1 of the
 laws of 2000, is amended to read as follows:
 § 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.
   Rape in the second degree is a class D felony.
   §  5.  Section 130.35 of the penal law, as amended by chapter 1 of the
 laws of 2000, is amended to read as follows:
 § 130.35 Rape in the first degree.

 A. 4249                             3
 
   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.
   §  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.
   §  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

 A. 4249                             4
 
 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.
   § 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
   § 9. Paragraphs (a) and (c) of subdivision 1 of section 70.02  of  the
 penal law, as amended by chapter 368 of the laws of 2015, 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, sex trafficking as defined in paragraphs (a) and (b)  of
 subdivision  five  of  section  230.34,  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

 A. 4249                             5
 
 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, labor trafficking as defined  in
 paragraphs  (a) and (b) of subdivision three of section 135.35, 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  aggravated  unpermitted  use of indoor pyrotechnics in the
 first degree as defined in section 405.18.
   § 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;
   § 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
 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

 A. 4249                             6
 
 defined in section 130.55, and the act of sexual conduct occurs during a
 treatment session, consultation, interview, or examination; or
   §  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:
   §  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.
   § 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
   §  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
 expressly advised by the health care or mental health care provider that
 such conduct was not performed for a valid medical purpose.

 A. 4249                             7
 
   § 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
   § 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.
   § 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
 degree); section 135.65 (coercion in the first degree);  section  140.20
 (burglary  in  the third degree); section 140.25 (burglary in the second

 A. 4249                             8
 
 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.
   § 19. Section 255.26 of the penal law, as added by chapter 320 of  the
 laws of 2006, is amended to read as follows:
 § 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.
   § 20. Section 255.27 of the penal law, as added by chapter 320 of  the
 laws of 2006, is amended to read as follows:
 § 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.
   § 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
 120.55 (stalking in the second degree); section 120.60 (stalking in  the
 first degree); PARAGRAPH (A) OF subdivision one, PARAGRAPH (A) OF SUBDI-

 A. 4249                             9
 
 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.
   § 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
 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

 A. 4249                            10
 
 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.
   §  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
   § 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:
   §  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
   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. 4249                            11
 
 a local criminal court, as provided in subdivision one, and  the  proce-
 dure may instead be as follows:
   §  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:
 § 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.
   § 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
 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

 A. 4249                            12
 
 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.
   § 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.
   § 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
 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

 A. 4249                            13
 
 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.
   § 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.
   § 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
 that  the defendant committed such lesser offense but did not commit the
 greater offense, and (ii) both parties consent to its submission.

 A. 4249                            14

   § 32. Subdivision 6 of section 380.50 of the criminal  procedure  law,
 as  amended  by  chapter  394 of the laws of 2015, 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, prepared  and  distributed  by
 the  commissioner  of  the  division  of  criminal  justice services, in
 consultation with the director of the  office  of  victim  services,  on
 which the victim may indicate 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  defendant,  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.
   § 32-a. Subdivision 6 of section 380.50 of the criminal procedure law,
 as  separately  amended  by chapters 368 and 394 of the laws of 2015, 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, 230.11, 230.12, 230.13,  subdivi-
 sion 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,
 prepared and distributed by the commissioner of the division of criminal
 justice services, in consultation with the director  of  the  office  of
 victim  services,  on  which  the  victim  may  indicate  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  defendant,  pursuant  to
 subdivision two of section sixty-two of the civil rights law, the prose-
 cutor  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.
   § 33. Paragraph (b) of subdivision 8 of section 700.05 of the criminal
 procedure law, as amended by chapter 368 of the laws of 2015, 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

 A. 4249                            15
 
 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,  aggravated labor trafficking as defined in
 section 135.37 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

 A. 4249                            16
 
 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 instru-
 ment  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, residential 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 instruments 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;
   § 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
   § 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

 A. 4249                            17
 
 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
 (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
   § 35-a. Paragraph (a)  of  subdivision  2  of  section  168-a  of  the
 correction  law, as amended by chapter 405 of the laws of 2008, subpara-
 graph (i) of paragraph (a) as amended by chapter  368  of  the  laws  of
 2015, is 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, 230.06,  230.11,  230.12,  230.13,  subdivision  two  of
 section  230.30,  section 230.32, 230.33, or 230.34 of the penal law, or
 section 230.25 of the penal law where the person prostituted is in  fact
 less  than  seventeen years old, 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
   § 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:

 A. 4249                            18
 
   (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
 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.
   § 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

 A. 4249                            19
 
 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.
   §  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
 (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

 A. 4249                            20
 
 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.
   § 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;
   §  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-
 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.
   §  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

 A. 4249                            21

 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.
   §  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.
   §  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
 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.
   § 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

 A. 4249                            22
 
 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.
   §  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:
   § 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.
   § 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
 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.

 A. 4249                            23
 
   § 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.
   § 48. Section 4 of the judiciary law, as amended by chapter 264 of the
 laws of 2003, is amended to read as follows:
   § 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.
   § 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.
   §  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
 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

 A. 4249                            24

 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.
   §  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.
   § 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-
 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.

 A. 4249                            25
 
   (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.
   §  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
   §  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
   § 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.
   § 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
 dissemination to be designed for children or other [specially] ESPECIAL-
 LY susceptible audience.
   §  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.

 A. 4249                            26
 
   § 58. Section 255.25 of the penal law, as amended by  chapter  320  of
 the laws of 2006, is amended to read as follows:
 § 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.
   §  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.
   § 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
   § 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
   § 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.
   §  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
 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,

 A. 4249                            27
 
 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.
   § 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; provided, however, that section nine-a of this act shall take
 effect  on  the  same  date and in the same manner as section 3, section
 thirty-two-a of this act shall take effect on the same date and  in  the
 same  manner  as  section 28, and that section thirty-five-a of this act
 shall take effect on the same date and in the same manner as section  35
 of  chapter  368  or  the  laws  of 2015. 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.