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Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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| May 01, 2020 |
referred to codes |
Senate Bill S8279
2019-2020 Legislative Session
Relates to the offenses of rape in the first, second and third degrees; repealer
download bill text pdfSponsored By
(D, WF) 47th Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2019-S8279 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A794
- Current Committee:
- Senate Codes
- Law Section:
- Penal Law
- Laws Affected:
- Rpld §§130.40, 130.45 & 130.50, amd Pen L, generally; amd CP L, generally; amd §168-a, Cor L; amd §384-b, Soc Serv L; amd §509-cc, V & T L; amd §§117, 301.2, 308.1, 347.1, 344.4 & 1052, Fam Ct Act; amd §§61, 62 & 64, Civ Rts L; amd §§213-c & 215, CPLR; amd §123, Ag & Mkts L; amd §4, Judy L; amd §§170 & 200, Dom Rel L
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
A9774
2013-2014: A3339
2015-2016: A4959
2017-2018: A4249
2021-2022: S1075, A6319
2023-2024: S3161, A3340
2019-S8279 (ACTIVE) - Sponsor Memo
BILL NUMBER: S8279
SPONSOR: HOYLMAN
TITLE OF BILL:
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 domes-
tic relations law, in relation to sex offenses; and to repeal certain
provisions of the penal law relating thereto
PURPOSE OR GENERAL IDEA OF BILL:
To amend the penal law to remove the penetration requirement from the
rape statutes as well as to define rape as sexual intercourse, oral
sexual conduct, or anal sexual conduct.
SUMMARY OF PROVISIONS:
This bill removes the penetration requirement from the rape statutes,
redefines rape to include oral and anal sexual conduct within the defi- nition of rape and makes conforming changes throughout various areas of law. JUSTIFICATION: On March 28, 2012, a Justice of the New York State Supreme Court declared a mistrial on the rape charge against former New York City Police Officer Michael Pena. Pena was convicted of several other charges for holding the schoolteacher at gunpoint, threatening her life and forcibly sodomizing her. Pena was not convicted of rape despite over- whelming evidence of forcible, nonconsensual sexual conduct with a Bronx school teacher, It is galling that in the face of evidence of the defendant's semen in the victim's underwear, redness to her genitals, eyewitness testimony and the victim's own account of the pain of the attack; Pena was not convicted of the top count of rape. Common sense dictates that what happened to the victim in this case is rape. This bill will redefine rape to include oral and anal sexual conduct, which are now referred to as "criminal sexual act," so that these other forms of sexual assault are recognized by the law as rape. PRIOR LEGISLATIVE HISTORY: 2015-16: A4959B 2017-2018: A4249A FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: No EFFECTIVE DATE: This act will take effect on January 1, 2021.
2019-S8279 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
8279
I N S E N A T E
May 1, 2020
___________
Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when
printed to be committed 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:
§ 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;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01481-12-0
S. 8279 2
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 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
S. 8279 3
[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
section 38 of part WWW of chapter 59 of the laws of 2017, is amended to
read as follows:
2. A person thirteen, fourteen or, fifteen years of age is criminally
responsible for acts constituting murder in the second degree as defined
in subdivisions one and two of section 125.25 and in subdivision three
of such section provided that the underlying crime for the murder charge
is one for which such person is criminally responsible or for such
conduct as a sexually motivated felony, where authorized pursuant to
section 130.91 of this chapter; 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
S. 8279 4
(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 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. Paragraph (c) of subdivision 1 of section 70.02 of the penal
law, as amended by chapter 134 of the laws of 2019, is amended to read
as follows:
(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, aggravated unpermitted use of indoor pyrotechnics in the first
degree as defined in section 405.18, and criminal manufacture, sale, or
transport of an undetectable firearm, rifle or shotgun as defined in
section 265.50.
S. 8279 5
§ 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] SUBDIVISION SEVEN, EIGHT OR 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 VAGINAL SEXUAL
CONTACT compulsion, circumstances under which, at the time of the act of
intercourse, oral sexual [conduct] CONTACT or anal sexual [conduct]
CONTACT, 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
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
S. 8279 6
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.
§ 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 amended by
section 8 of part NN of chapter 55 of the laws of 2018, 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
S. 8279 7
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 (criminal
sexual act in the first degree); section 130.52 (forcible touching);
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 third
degree); section 135.61 (coercion in the second degree); section 135.65
(coercion in the first degree); section 140.20 (burglary in the third
degree); section 140.25 (burglary in the second degree); section 140.30
(burglary in the first degree); section 145.00 (criminal mischief in the
fourth degree); section 145.05 (criminal mischief in the third degree);
section 145.10 (criminal mischief in the second degree); section 145.12
(criminal mischief in the first degree); section 145.14 (criminal
tampering in the third degree); section 215.50 (criminal contempt in the
second degree); section 215.51 (criminal contempt in the first degree);
section 215.52 (aggravated criminal contempt); section 240.25 (harass-
ment 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
S. 8279 8
(C) OR (D) OF subdivision [three or four] ONE, PARAGRAPH (C) OR (D) OF
SUBDIVISION TWO OR 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
section 3 of part R of chapter 55 of the laws of 2020, 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-
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 third
degree); section 135.61 (coercion in the second degree); section 135.65
(coercion in the first degree); section 140.10 (criminal trespass in the
third degree); section 140.15 (criminal trespass in the second degree);
section 140.17 (criminal trespass in the first degree); section 140.20
(burglary in the third degree); section 140.25 (burglary in the second
degree); section 140.30 (burglary in the first degree); section 145.00
(criminal mischief in the fourth degree); section 145.05 (criminal
mischief in the third degree); section 145.10 (criminal mischief in the
second degree); section 145.12 (criminal mischief in the first degree);
section 150.05 (arson in the fourth degree); section 150.10 (arson in
the third degree); section 150.15 (arson in the second degree); section
150.20 (arson in the first degree); section 155.25 (petit larceny);
section 155.30 (grand larceny in the fourth degree); section 155.35
(grand larceny in the third degree); section 155.40 (grand larceny in
the second degree); section 155.42 (grand larceny in the first degree);
section 160.05 (robbery in the third degree); section 160.10 (robbery in
the second degree); section 160.15 (robbery in the first degree);
section 240.25 (harassment in the first degree); subdivision one, two or
four of section 240.30 (aggravated harassment in the second degree);
S. 8279 9
section 490.10 (soliciting or providing support for an act of terrorism
in the second degree); section 490.15 (soliciting or providing support
for an act of terrorism in the first degree); section 490.20 (making a
terroristic threat); section 490.25 (crime of terrorism); section 490.30
(hindering prosecution of terrorism in the second degree); section
490.35 (hindering prosecution of terrorism in the first degree); section
490.37 (criminal possession of a chemical weapon or biological weapon in
the third degree); section 490.40 (criminal possession of a chemical
weapon or biological weapon in the second degree); section 490.45 (crim-
inal possession of a chemical weapon or biological weapon in the first
degree); section 490.47 (criminal use of a chemical weapon or biological
weapon in the third degree); section 490.50 (criminal use of a chemical
weapon or biological weapon in the second degree); section 490.55 (crim-
inal use of a chemical weapon or biological weapon in the first degree);
or any attempt or conspiracy 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
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-
S. 8279 10
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 local criminal court, as provided in subdivision one, and the proce-
dure may instead be as follows:
§ 26. Paragraph (a) of subdivision 1 of section 150.20 of the criminal
procedure law, as amended by section 1-a of part JJJ of chapter 59 of
the laws of 2019, is amended to read as follows:
(a) Whenever a police officer is authorized pursuant to section 140.10
of this title 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 shall,
except as set out in paragraph (b) of this subdivision, subject to the
provisions of subdivisions three and four of section 150.40 of this
title, instead issue to and serve upon such person an appearance ticket.
§ 27. 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:
S. 8279 11
(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.
§ 28. Subdivision 4 of section 722.20 of the criminal procedure law,
as added by section 1-a of part WWW of chapter 59 of the laws of 2017,
is amended to read as follows:
4. Notwithstanding the provisions of subdivisions two and three of
this section, the court shall, at the request of the district attorney,
order removal of an action against a juvenile offender to the family
court pursuant to the provisions of article seven hundred twenty-five of
this title if, upon consideration of the criteria specified in subdivi-
sion two of section 722.22 of this article, 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 SUBDI-
VISION 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 forty-one of section 1.20 of
this chapter, a determination that such action be removed to the family
court shall, in addition, be based upon a finding of one or more of the
following factors: (i) mitigating circumstances that bear directly upon
the manner in which the crime was committed; or (ii) where the defendant
was not the sole participant in the crime, the defendant's participation
was relatively minor although not so minor as to constitute a defense to
the prosecution; or (iii) possible deficiencies in proof of the crime.
S. 8279 12
§ 29. Subdivision 5 of section 722.21 of the criminal procedure law,
as added by section 1-a of part WWW of chapter 59 of the laws of 2017,
is amended to read as follows:
5. Notwithstanding subdivisions two and three of this section, at the
request of the district attorney, the court shall order removal of an
action against an adolescent offender charged with an offense listed in
paragraph (a) of subdivision two of section 722.23 of this article, to
the family court pursuant to the provisions of article seven hundred
twenty-five of this title and upon consideration of the criteria speci-
fied in subdivision two of section 722.22 of this article, it is deter-
mined that to do so would be in the interests of justice. Where, howev-
er, the felony complaint charges the adolescent 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, PARA-
GRAPH (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
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.
§ 30. Paragraph (b) of subdivision 1 of section 722.22 of the criminal
procedure law, as added by section 1-a of part WWW of chapter 59 of the
laws of 2017, 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
forty-one of section 1.20 of this chapter, to the family court pursuant
to the provisions of article seven hundred twenty-five of this title if
the court finds one or more of the following factors: (i) mitigating
circumstances that bear directly upon the manner in which the crime was
committed; (ii) where the defendant was not the sole participant in the
crime, the defendant's participation was relatively minor although not
so minor as to constitute a defense to the 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.
§ 31. 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
S. 8279 13
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.
§ 32. 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] ANY such offense may be submit-
ted 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.
§ 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
S. 8279 14
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 crimi-
nal procedure law, as amended by chapter 134 of the laws of 2019, is
amended to read as follows:
(b) Any of the following felonies: assault in the second degree as
defined in section 120.05 of the penal law, assault in the first degree
as defined in section 120.10 of the penal law, reckless endangerment in
the first degree as defined in section 120.25 of the penal law, promot-
ing a suicide attempt as defined in section 120.30 of the penal law,
strangulation in the second degree as defined in section 121.12 of the
penal law, strangulation in the first degree as defined in section
121.13 of the penal law, criminally negligent homicide as defined in
section 125.10 of the penal law, manslaughter in the second degree as
defined in section 125.15 of the penal law, manslaughter in the first
degree as defined in section 125.20 of the penal law, murder in the
second degree as defined in section 125.25 of the penal law, murder in
the first degree as defined in section 125.27 of the penal law, 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, [crimi-
nal 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
S. 8279 15
law, health care fraud in the first degree as defined in section 177.25
of the penal law, robbery in the third degree as defined in section
160.05 of the penal law, robbery in the second degree as defined in
section 160.10 of the penal law, robbery in the first degree as defined
in section 160.15 of the penal law, unlawful use of secret scientific
material as defined in section 165.07 of the penal law, criminal
possession of stolen property in the fourth degree as defined in section
165.45 of the penal law, criminal possession of stolen property in the
third degree as defined in section 165.50 of the penal law, criminal
possession of stolen property in the second degree as defined by section
165.52 of the penal law, criminal possession of stolen property in the
first degree as defined by section 165.54 of the penal law, trademark
counterfeiting in the second degree as defined in section 165.72 of the
penal law, trademark counterfeiting in the first degree as defined in
section 165.73 of the penal law, forgery in the second degree as defined
in section 170.10 of the penal law, forgery in the first degree as
defined in section 170.15 of the penal law, criminal possession of a
forged instrument in the second degree as defined in section 170.25 of
the penal law, criminal possession of a forged instrument in the first
degree as defined in section 170.30 of the penal law, criminal
possession of forgery devices as defined in section 170.40 of the penal
law, falsifying business records in the first degree as defined in
section 175.10 of the penal law, tampering with public records in the
first degree as defined in section 175.25 of the penal law, offering a
false instrument for filing in the first degree as defined in section
175.35 of the penal law, issuing a false certificate as defined in
section 175.40 of the penal law, criminal diversion of prescription
medications and prescriptions in the second degree as defined in section
178.20 of the penal law, criminal diversion of prescription medications
and prescriptions in the first degree as defined in section 178.25 of
the penal law, residential mortgage fraud in the fourth degree as
defined in section 187.10 of the penal law, residential mortgage fraud
in the third degree as defined in section 187.15 of the penal law, resi-
dential mortgage fraud in the second degree as defined in section 187.20
of the penal law, residential mortgage fraud in the first degree as
defined in section 187.25 of the penal law, escape in the second degree
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, sex trafficking of a child as defined in section 230.34-a 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, criminal manufacture, sale or
S. 8279 16
transport of an undetectable firearm, rifle or shotgun as defined in
section 265.50 of the penal law, 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
as amended by chapter 405 of the laws of 2008, subparagraph (i) of para-
graph (a) of subdivision 2 as amended by chapter 189 of the laws of 2018
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, 230.34-a 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 seven-
teen 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
(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
§ 36. Subparagraph (ii) of paragraph (a), subparagraphs (i) and (ii)
of paragraph (b) and paragraph (e) of subdivision 8 of section 384-b of
the social services law, subparagraph (ii) of paragraph (a) and subpara-
graph (i) of paragraph (b) as amended by chapter 430 of the laws of
2013, subparagraph (ii) of paragraph (b) as amended and paragraph (e) as
added by chapter 7 of the laws of 1999, are amended to read as follows:
(ii) the child has been found to be an abused child, as defined in
paragraph (iii) of subdivision (e) of section ten hundred twelve of the
family court act, as a result of such parent's acts; provided, however,
the respondent must have committed or knowingly allowed to be committed
S. 8279 17
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, paragraph (a) as amended by chapter 189 of the
laws of 2018 and paragraph (b) as amended by chapter 400 of the laws of
2011, are amended to read as follows:
(a) The offenses referred to in subparagraph (ii) of paragraph (a) of
subdivision one and paragraph (a) of subdivision two of this section
that result in permanent disqualification shall include a conviction
under sections 125.12, 125.13, 125.14, 125.15, 125.20, 125.21, 125.22,
125.25, 125.26, 125.27, 130.30, 130.35, [130.45, 130.50,] 130.65,
130.66, 130.67, 130.70, 130.75, 130.80, 130.90, 130.95, 130.96, 135.25,
S. 8279 18
150.20, 230.30, 230.32, 230.34, 230.34-a, 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 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.
(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
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
S. 8279 19
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 section 57 of part WWW of chapter 59 of the
laws of 2017, 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, fifteen, or sixteen, or, commencing October first,
two thousand nineteen, seventeen 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), subdivi-
sion one of section 125.15, (manslaughter in the second degree), [subdi-
vision] 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, (criminal
possession of a weapon in the third degree), section 265.03, (criminal
possession of a weapon in the second degree), or section 265.04, (crimi-
nal possession of a dangerous weapon in the first degree) of the penal
law where the child has previously had one or more adjustments of a case
in which such child allegedly committed an act which would be a crime
specified in this subdivision unless it has received written approval
from the court and the appropriate presentment agency.
§ 41. Subdivision (c) of section 1052 of the family court act, as
added by chapter 739 of the laws of 1981, is amended to read as follows:
(c) Prior to granting an order of disposition pursuant to subdivision
(a) of this section following an adjudication of child abuse, as defined
in paragraph (i) of subdivision (e) of section ten hundred twelve of
this act or a finding of a felony sex offense as defined in sections
S. 8279 20
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
which the order has been entered shall certify that the order has been
complied with; and, if the petition states that the petitioner stands
S. 8279 21
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 amended by
chapter 315 of the laws of 2019, 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, except as provided in subdivision (b) of section two hundred eight
of this article, all civil claims or causes of action brought by any
person for physical, psychological or other injury or condition suffered
by such person as a result of conduct which would constitute rape in the
first degree as defined in section 130.35 of the penal law, or rape in
the second degree as defined in subdivision two of section 130.30 of the
penal law, or rape in the third degree as defined in subdivision one or
three of section 130.25 of the penal law, [or criminal sexual act in the
first degree as defined in section 130.50 of the penal law, or criminal
sexual act in the second degree as defined in subdivision two of section
130.45 of the penal law, or criminal sexual act in the third degree as
defined in subdivision one or three of section 130.40 of the penal law,]
or incest in the first degree as defined in section 255.27 of the penal
law, or incest in the second degree as defined in section 255.26 of the
penal law (where the crime committed is rape in the second degree as
defined in subdivision two of section 130.30 of the penal law or crimi-
nal sexual act in the second degree as defined in subdivision two of
section 130.45), 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 against any party whose intentional or negli-
gent acts or omissions are alleged to have resulted in the commission of
the said conduct, within twenty years. 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
S. 8279 22
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.
§ 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 1 of the
laws of 2019, 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, 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 interested 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
S. 8279 23
would be provided by an HIV test of the victim. If testing the defendant
would provide medical benefit to the victim or a psychological benefit
to the victim, then the testing is to be conducted by a state, county,
or local public health officer designated by the order. Test results,
which shall not be disclosed to the court, shall be communicated to the
defendant and the victim named in the order in accordance with the
provisions of section twenty-seven hundred eighty-five-a of the public
health law.
(b) For the purposes of this section, the terms "victim" and "appli-
cant" mean the person with whom the defendant is charged to have engaged
in an act of "[sexual intercourse] VAGINAL SEXUAL CONTACT", "oral sexual
[conduct] CONTACT" or "anal sexual [conduct] CONTACT", as those terms
are defined in section 130.00 of the penal law, where such conduct with
such victim was the basis for charging the defendant with an offense
specified in paragraph (a) of this subdivision.
§ 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,
S. 8279 24
county, or local public health officer designated by the order. Test
results, which shall not be disclosed to the court, shall be communi-
cated to the respondent and the victim named in the order in accordance
with the provisions of section twenty-seven hundred eighty-five-a of the
public health law.
(b) For the purposes of this section, the term "victim" means the
person with whom the respondent engaged in an act of "[sexual inter-
course] VAGINAL SEXUAL CONTACT", "oral sexual [conduct] CONTACT" or
"anal sexual [conduct] CONTACT", as those terms are defined in section
130.00 of the penal law, where such conduct with such victim was the
basis for the court's finding that the respondent committed acts consti-
tuting one or more of the offenses specified in paragraph (a) of this
subdivision.
§ 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. Section 130.20 of the penal law, as amended by chapter 1 of the
laws of 2000, subdivision 2 as amended by chapter 264 of the laws of
2003, is amended to read as follows:
§ 130.20 Sexual misconduct.
A person is guilty of sexual misconduct when:
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 or anal sexual conduct]
CONTACT with another person without such person's consent; or
3. HE OR SHE ENGAGES IN ANAL SEXUAL CONTACT WITH ANOTHER PERSON WITH-
OUT SUCH PERSON'S CONSENT; OR
4. He or she engages in sexual conduct with an animal or a dead human
body.
Sexual misconduct is a class A misdemeanor.
§ 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
S. 8279 25
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.
§ 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 section 1 of part R of chapter 55 of the laws of 2019, 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] FOUR of section 130.20 of the
penal law.
S. 8279 26
§ 63. The first undesignated paragraph of section 135.61 of the penal
law, as added by section 2 of part NN of chapter 55 of the laws of 2018,
is amended to read as follows:
A person is guilty of coercion in the second degree when he or she
commits the crime of coercion in the third degree as defined in section
135.60 of this article and thereby compels or induces a person to engage
in [sexual intercourse] VAGINAL SEXUAL CONTACT, oral sexual [conduct]
CONTACT or anal sexual [conduct] CONTACT as such terms are defined in
section [130 of the penal law] 130.00 OF THIS TITLE.
§ 64. The first undesignated paragraph of section 230.11 of the penal
law, as added by chapter 368 of the laws of 2015, is amended to read as
follows:
A person is guilty of aggravated patronizing a minor for prostitution
in the third degree when, being twenty-one years old or more, he or she
patronizes a person for prostitution and the person patronized is less
than seventeen years old and the person guilty of patronizing engages in
[sexual intercourse] VAGINAL SEXUAL CONTACT, oral sexual [conduct]
CONTACT, anal sexual [conduct] CONTACT, or aggravated sexual [conduct]
CONTACT as those terms are defined in section 130.00 of this part, with
the person patronized.
§ 65. The first undesignated paragraph of section 230.12 of the penal
law, as added by chapter 368 of the laws of 2015, is amended to read as
follows:
A person is guilty of aggravated patronizing a minor for prostitution
in the second degree when, being eighteen years old or more, he or she
patronizes a person for prostitution and the person patronized is less
than fifteen years old and the person guilty of patronizing engages in
[sexual intercourse] VAGINAL SEXUAL CONTACT, oral sexual [conduct]
CONTACT, anal sexual [conduct] CONTACT, or aggravated sexual [conduct]
CONTACT as those terms are defined in section 130.00 of this part, with
the person patronized.
§ 66. The first undesignated paragraph of section 230.13 of the penal
law, as added by chapter 368 of the laws of 2015, is amended to read as
follows:
A person is guilty of aggravated patronizing a minor for prostitution
in the first degree when he or she patronizes a person for prostitution
and the person patronized is less than eleven years old, or being eigh-
teen years old or more, he or she patronizes a person for prostitution
and the person patronized is less than thirteen years old, and the
person guilty of patronizing engages in [sexual intercourse] VAGINAL
SEXUAL CONTACT, oral sexual [conduct] CONTACT, anal sexual [conduct]
CONTACT, or aggravated sexual [conduct] CONTACT as those terms are
defined in section 130.00 of this part, with the person patronized.
§ 67. 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
S. 8279 27
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] FOUR of
section 130.20 of the penal law.
§ 68. 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.
§ 69. This act shall take effect January 1, 2021 and shall apply to
any offense on or after such effective date.
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