LBD07466-02-4
S. 8008 2
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); 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); FORMER SUBDIVISIONS ONE AND TWO OF SECTION 130.35
(RAPE IN THE FIRST DEGREE); SUBDIVISIONS ONE AND TWO OF THE FORMER
SECTION 130.50; 130.70 (aggravated sexual abuse in the first degree);
140.30 (burglary in the first degree); subdivision one of section 140.25
(burglary in the second degree); 150.15 (arson in the second degree);
160.15 (robbery in the first degree); subdivision two of section 160.10
(robbery in the second degree) of this chapter; or section 265.03 of
this chapter, where such machine gun or such firearm is possessed on
school grounds, as that phrase is defined in subdivision fourteen of
section 220.00 of this chapter; or defined in this chapter as an attempt
to commit murder in the second degree or kidnapping in the first degree,
or such conduct as a sexually motivated felony, where authorized pursu-
ant to section 130.91 of this chapter.
§ 3. Subdivision 2 of section 30.00 of the penal law, as amended by a
chapter of the laws of 2023 amending the penal law, the criminal proce-
dure law, the correction law, the social services law, the vehicle and
traffic law, the family court act, the civil rights law, the civil prac-
tice law and rules, the agriculture and markets law, the judiciary law
and the domestic relations law relating to sex offenses, as proposed in
legislative bills numbers S. 3161 and A. 3340, 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
(assault in the first degree); 125.20 (manslaughter in the first
degree); 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); FORMER SUBDIVISIONS ONE
AND TWO OF SECTION 130.35 (RAPE IN THE FIRST DEGREE); subdivisions one
and two of FORMER 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.
§ 4. Paragraph (b) of subdivision 2 of section 35.15 of the penal law,
as amended by a chapter of the laws of 2023 amending the penal law, the
S. 8008 3
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 judi-
ciary law and the domestic relations law relating to sex offenses, as
proposed in legislative bills numbers S. 3161 and A. 3340, 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 aggravated
sexual abuse, A CRIME FORMERLY DEFINED IN SECTION 130.50 OF THIS CHAPTER
BY FORCE, or robbery; or
§ 5. Paragraphs (a) and (c) of subdivision 1 of section 70.02 of the
penal law, paragraph (a) as amended by chapter 189 of the laws of 2018
and paragraph (c) as amended by a chapter of the laws of 2023 amending
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 relat-
ing to sex offenses, as proposed in legislative bills numbers S. 3161
and A. 3340, are amended to read as follows:
(a) Class B violent felony offenses: an attempt to commit the class
A-I felonies of murder in the second degree as defined in section
125.25, kidnapping in the first degree as defined in section 135.25, and
arson in the first degree as defined in section 150.20; manslaughter in
the first degree as defined in section 125.20, aggravated manslaughter
in the first degree as defined in section 125.22, rape in the first
degree as defined in section 130.35, [criminal sexual act in the first
degree as] A CRIME FORMERLY defined in section 130.50, aggravated sexual
abuse in the first degree as defined in section 130.70, course of sexual
conduct against a child in the first degree as defined in section
130.75[;], assault in the first degree as defined in section 120.10,
kidnapping in the second degree as defined in section 135.20, burglary
in the first degree as defined in section 140.30, arson in the second
degree as defined in section 150.15, robbery in the first degree as
defined in section 160.15, sex trafficking as defined in paragraphs (a)
and (b) of subdivision five of section 230.34, sex trafficking of a
child as defined in section 230.34-a, incest in the first degree as
defined in section 255.27, criminal possession of a weapon in the first
degree as defined in section 265.04, criminal use of a firearm in the
first degree as defined in section 265.09, criminal sale of a firearm in
the first degree as defined in section 265.13, aggravated assault upon a
police officer or a peace officer as defined in section 120.11, gang
assault in the first degree as defined in section 120.07, intimidating a
victim or witness in the first degree as defined in section 215.17,
hindering prosecution of terrorism in the first degree as defined in
section 490.35, criminal possession of a chemical weapon or biological
weapon in the second degree as defined in section 490.40, and criminal
use of a chemical weapon or biological weapon in the third degree as
defined in section 490.47.
(c) Class D violent felony offenses: an attempt to commit any of the
class C felonies set forth in paragraph (b); reckless assault of a child
as defined in section 120.02, assault in the second degree as defined in
section 120.05, menacing a police officer or peace officer as defined in
section 120.18, stalking in the first degree, as defined in subdivision
one of section 120.60, strangulation in the second degree as defined in
section 121.12, rape in the second degree as defined in section 130.30,
A CRIME FORMERLY DEFINED IN SECTION 130.45, sexual abuse in the first
S. 8008 4
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, facili-
tating a sex offense with a controlled substance as defined in section
130.90, labor trafficking as defined in paragraphs (a) and (b) of subdi-
vision 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 unper-
mitted use of indoor pyrotechnics in the first degree as defined in
section 405.18, and criminal manufacture, sale, or transport of an unde-
tectable firearm, rifle or shotgun as defined in section 265.50.
§ 6. Paragraph b of subdivision 5 of section 120.40 of the penal law,
as amended by a chapter of the laws of 2023 amending 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 judi-
ciary law and the domestic relations law relating to sex offenses, as
proposed in legislative bills numbers S. 3161 and A. 3340, is amended to
read as follows:
b. a crime defined in section 130.20, 130.25, 130.30, 130.55, 130.60,
130.70, 255.25, 255.26 or 255.27, OR FORMERLY DEFINED IN SECTION 130.40
OR 130.45;
§ 7. Paragraph (d) of subdivision 2 and paragraph (h) of subdivision 3
of section 130.05 of the penal law, as amended by a chapter of the laws
of 2023 amending 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 relating to sex offenses, as proposed in legislative
bills numbers S. 3161 and A. 3340, are amended to read as follows:
(d) Where the offense charged is rape in the third degree as defined
in subdivision seven, eight or nine of section 130.25, OR A CRIME
FORMERLY DEFINED IN SUBDIVISION THREE OF SECTION 130.40, in addition to
forcible [vaginal sexual contact] compulsion, circumstances under which,
at the time of the act of [intercourse] VAGINAL SEXUAL CONTACT, oral
sexual contact or anal sexual 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, A CRIME FORMERLY DEFINED IN SECTION 130.40,
aggravated sexual abuse in the fourth degree as defined in section
130.65-a, or sexual abuse in the third degree as defined in section
130.55, and the act of sexual conduct occurs during a treatment session,
consultation, interview, or examination; or
S. 8008 5
§ 8. The opening paragraph of subdivision 3 of section 125.25 of the
penal law, as amended by a chapter of the laws of 2023 amending 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 relating
to sex offenses, as proposed in legislative bills numbers S. 3161 and A.
3340, 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, A CRIME FORMERLY DEFINED IN SECTION 130.50 OF THIS TITLE,
THE CRIME OF 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 there-
from, he, or another participant, if there be any, causes the death of a
person other than one of the participants; except that in any prose-
cution under this subdivision, in which the defendant was not the only
participant in the underlying crime, it is an affirmative defense that
the defendant:
§ 9. Subdivision 5 of section 125.25 of the penal law, as amended by a
chapter of the laws of 2023 amending the penal law, the criminal proce-
dure law, the correction law, the social services law, the vehicle and
traffic law, the family court act, the civil rights law, the civil prac-
tice law and rules, the agriculture and markets law, the judiciary law
and the domestic relations law relating to sex offenses, as proposed in
legislative bills numbers S. 3161 and A. 3340, 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, A CRIME FORMERLY DEFINED IN
SECTION 130.50, 130.45 OR 130.40 OF THIS TITLE, THE CRIME OF sexual
abuse in the first degree, aggravated 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.
§ 10. Subparagraph (vii) of paragraph (a) of subdivision 1 of section
125.27 of the penal law, as amended by a chapter of the laws of 2023
amending 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 agri-
culture and markets law, the judiciary law and the domestic relations
law relating to sex offenses, as proposed in legislative bills numbers
S. 3161 and A. 3340, is amended to read as follows:
(vii) the victim was killed while the defendant was in the course of
committing or attempting to commit and in furtherance of robbery,
burglary in the first degree or second degree, kidnapping in the first
degree, arson in the first degree or second degree, rape in the first
degree, A CRIME FORMERLY DEFINED IN SECTION 130.50 OF THIS TITLE, 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
S. 8008 6
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
§ 11. Subdivision 3 of section 130.10 of the penal law, as amended by
a chapter of the laws of 2023 amending 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 relating to sex offenses, as proposed
in legislative bills numbers S. 3161 and A. 3340, 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, A CRIME FORMERLY 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.
§ 12. The opening paragraph and subdivision 2 of section 130.95 of the
penal law, as amended by a chapter of the laws of 2023 amending 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 relating
to sex offenses, as proposed in legislative bills numbers S. 3161 and A.
3340, 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, A CRIME FORMERLY DEFINED IN
SECTION 130.50 OF THIS TITLE, THE CRIME OF 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 when:
2. He or she has engaged in conduct constituting the crime of rape in
the first degree, A CRIME FORMERLY DEFINED IN SECTION 130.50 OF THIS
TITLE, THE CRIME OF 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
§ 13. The opening paragraph of section 130.96 of the penal law, as
amended by a chapter of the laws of 2023 amending 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 judi-
ciary law and the domestic relations law relating to sex offenses, as
proposed in legislative bills numbers S. 3161 and A. 3340, 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, A CRIME FORMERLY DEFINED IN SECTION 130.50 OF THIS
TITLE, THE CRIME OF 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.
§ 14. Subdivision 2 of section 240.75 of the penal law, as amended by
a chapter of the laws of 2023 amending the penal law, the criminal
procedure law, the correction law, the social services law, the vehicle
S. 8008 7
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 relating to sex offenses, as proposed
in legislative bills numbers S. 3161 and A. 3340, is amended to read as
follows:
2. A "specified offense" is an offense defined in section 120.00
(assault in the third degree); section 120.05 (assault in the second
degree); section 120.10 (assault in the first degree); section 120.13
(menacing in the first degree); section 120.14 (menacing in the second
degree); section 120.15 (menacing in the third degree); section 120.20
(reckless endangerment in the second degree); section 120.25 (reckless
endangerment in the first degree); section 120.45 (stalking in the
fourth degree); section 120.50 (stalking in the third degree); section
120.55 (stalking in the second degree); section 120.60 (stalking in the
first degree); section 121.11 (criminal obstruction of breathing or
blood circulation); section 121.12 (strangulation in the second degree);
section 121.13 (strangulation in the first degree); subdivision one of
section 125.15 (manslaughter in the second degree); subdivision one, two
or four of section 125.20 (manslaughter in the first degree); section
125.25 (murder in the second degree); section 130.20 (sexual miscon-
duct); section 130.25 (rape in the third degree); section 130.30 (rape
in the second degree); section 130.35 (rape in the first degree);
FORMERLY DEFINED IN SECTION 130.40; FORMERLY DEFINED IN SECTION 130.45;
FORMERLY DEFINED IN SECTION 130.50; DEFINED IN 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
(aggravated sexual abuse in the first degree); section 130.91 (sexually
motivated 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
imprisonment 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.
§ 15. Section 255.26 of the penal law, as amended by a chapter of the
laws of 2023 amending 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-
S. 8008 8
tic relations law relating to sex offenses, as proposed in legislative
bills numbers S. 3161 and A. 3340, 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 A CRIME FORMERLY 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, broth-
er 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.
§ 16. Section 255.27 of the penal law, as amended by a chapter of the
laws of 2023 amending 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 relating to sex offenses, as proposed in legislative
bills numbers S. 3161 and A. 3340, is amended to read as follows:
§ 255.27 Incest in the first degree.
A person is guilty of incest in the first degree when he or she
commits the crime of rape in the first degree, as defined in paragraph
(c) or (d) of subdivision one, paragraph (c) or (d) of subdivision two
or paragraph (c) or (d) of subdivision three of section 130.35 of this
part, RAPE IN THE FIRST DEGREE AS DEFINED IN FORMER SUBDIVISION THREE OR
FOUR OF SECTION 130.35 OF THIS PART, OR A CRIME FORMERLY 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.
§ 17. Subdivision 3 of section 485.05 of the penal law, as amended by
a chapter of the laws of 2023 amending 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 relating to sex offenses, as proposed
in legislative bills numbers S. 3161 and A. 3340, 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); FORMER SUBDIVISION ONE OF SECTION 130.35
S. 8008 9
(RAPE IN THE FIRST DEGREE); SUBDIVISION ONE OF FORMER SECTION 130.50;
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); 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 prose-
cution 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 (criminal
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.
§ 18. Subdivision 42 of section 1.20 of the criminal procedure law, as
amended by a chapter of the laws of 2023 amending 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 judi-
ciary law and the domestic relations law relating to sex offenses, as
proposed in legislative bills numbers S. 3161 and A. 3340, 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
S. 8008 10
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); 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); FORMER
SUBDIVISIONS ONE AND TWO OF SECTION 130.35 (RAPE IN THE FIRST DEGREE);
SUBDIVISIONS ONE AND TWO OF FORMER SECTION 130.50; 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.
§ 19. 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, as amended by a chapter of the laws of 2023
amending 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 agri-
culture and markets law, the judiciary law and the domestic relations
law relating to sex offenses, as proposed in legislative bills numbers
S. 3161 and A. 3340, 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, FORMER SECTION 130.40, SECTION
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 adjoining 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, FORMER SECTION 130.40, SECTION
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 embrac-
ing 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, FORMER SECTION 130.40, SECTION 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:
S. 8008 11
(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, FORMER SECTION 130.40, SECTION
205.10, 205.17, 205.19 or 215.56 of the penal law, and
§ 20. Paragraph (a) of subdivision 3 and the opening paragraph of
subdivision 4 of section 140.27 of the criminal procedure law, as
amended by a chapter of the laws of 2023 amending 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 judi-
ciary law and the domestic relations law relating to sex offenses, as
proposed in legislative bills numbers S. 3161 and A. 3340, 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, FORMER SECTION 130.40, SECTION
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, FORMER SECTION 130.40, SECTION 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:
§ 21. Paragraph (a) of subdivision 2 and the opening paragraph of
subdivision 3 of section 140.40 of the criminal procedure law, as
amended by a chapter of the laws of 2023 amending 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 judi-
ciary law and the domestic relations law relating to sex offenses, as
proposed in legislative bills numbers S. 3161 and A. 3340, 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, FORMER SECTION 130.40, SECTION
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, FORMER SECTION 130.40, SECTION 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:
§ 22. Paragraph (a) of subdivision 1 of section 150.20 of the criminal
procedure law, as amended by a chapter of the laws of 2023 amending 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 relating
to sex offenses, as proposed in legislative bills numbers S. 3161 and A.
3340, 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,
FORMER SECTION 130.40, SECTION 205.10, 205.17, 205.19 or 215.56 of the
penal law, he shall, except as set out in paragraph (b) of this subdivi-
sion, 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.
§ 23. Subdivision (a) of section 190.71 of the criminal procedure law,
as amended by a chapter of the laws of 2023 amending the penal law, the
criminal procedure law, the correction law, the social services law, the
S. 8008 12
vehicle and traffic law, the family court act, the civil rights law, the
civil practice law and rules, the agriculture and markets law, the judi-
ciary law and the domestic relations law relating to sex offenses, as
proposed in legislative bills numbers S. 3161 and A. 3340, is amended to
read as follows:
(a) Except as provided in subdivision six of section 200.20 of this
chapter, a grand jury may not indict (i) a person thirteen years of age
for any conduct or crime other than conduct constituting a crime defined
in subdivisions one and two of section 125.25 (murder in the second
degree) or such conduct as a sexually motivated felony, where authorized
pursuant to section 130.91 of the penal law; (ii) a person fourteen or
fifteen years of age for any conduct or crime other than conduct consti-
tuting a crime defined in subdivisions one and two of section 125.25
(murder in the second degree) and in subdivision three of such section
provided that the underlying crime for the murder charge is one for
which such person is criminally responsible; 135.25 (kidnapping in the
first degree); 150.20 (arson in the first degree); subdivisions one and
two of section 120.10 (assault in the first degree); 125.20 (manslaught-
er in the first degree); 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); FORMER
SUBDIVISIONS ONE AND TWO OF SECTION 130.35 (RAPE IN THE FIRST DEGREE);
SUBDIVISIONS ONE AND TWO OF FORMER SECTION 130.50; 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.
§ 24. Subdivision 4 of section 722.20 of the criminal procedure law,
as amended by a chapter of the laws of 2023 amending 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 judi-
ciary law and the domestic relations law relating to sex offenses, as
proposed in legislative bills numbers S. 3161 and A. 3340, 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, RAPE IN THE FIRST DEGREE AS FORMERLY DEFINED IN SUBDIVI-
SION ONE OF SECTION 130.35 OF THE PENAL LAW; A CRIME FORMERLY DEFINED IN
SUBDIVISION ONE OF SECTION 130.50 OF THE PENAL LAW, or an armed felony
S. 8008 13
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.
§ 25. Subdivision 5 of section 722.21 of the criminal procedure law,
as amended by a chapter of the laws of 2023 amending 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 judi-
ciary law and the domestic relations law relating to sex offenses, as
proposed in legislative bills numbers S. 3161 and A. 3340, 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, RAPE IN THE FIRST DEGREE AS FORMERLY
DEFINED IN SUBDIVISION ONE OF SECTION 130.35 OF THE PENAL LAW, A CRIME
FORMERLY 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 deficien-
cies in proof of the crime.
§ 26. Paragraph (b) of subdivision 1 of section 722.22 of the criminal
procedure law, as amended by a chapter of the laws of 2023 amending 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 relating
to sex offenses, as proposed in legislative bills numbers S. 3161 and A.
3340, 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; RAPE IN THE FIRST DEGREE AS FORMERLY
DEFINED IN SUBDIVISION ONE OF SECTION 130.35 OF THE PENAL LAW; A CRIME
FORMERLY DEFINED IN SUBDIVISION ONE OF SECTION 130.50 OF THE PENAL LAW;
S. 8008 14
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 circum-
stances that bear directly upon the manner in which the crime was
committed; (ii) where the defendant was not the sole participant in the
crime, the defendant's participation was relatively minor although not
so minor as to constitute a defense to the prosecution; or (iii) possi-
ble deficiencies in the proof of the crime, and, after consideration of
the factors set forth in subdivision two of this section, the court
determined that removal of the action to the family court would be in
the interests of justice.
§ 27. Subparagraph (iii) of paragraph (g) of subdivision 5 of section
220.10 of the criminal procedure law, as amended by a chapter of the
laws of 2023 amending 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 relating to sex offenses, as proposed in legislative
bills numbers S. 3161 and A. 3340, is amended to read as follows:
(iii) Where the indictment does not charge a crime specified in
subparagraph (i) of this paragraph, the district attorney may recommend
removal of the action to the family court. Upon making such recommenda-
tion the district attorney shall submit a subscribed memorandum setting
forth: (1) a recommendation that the interests of justice would best be
served by removal of the action to the family court; and (2) if the
indictment charges a thirteen year old with the crime of murder in the
second degree, or a fourteen or fifteen year old with the crimes of rape
in the first degree as defined in paragraph (a) of subdivision one,
paragraph (a) of subdivision two and paragraph (a) of subdivision three
of section 130.35 of the penal law, RAPE IN THE FIRST DEGREE AS FORMERLY
DEFINED IN SUBDIVISION ONE OF SECTION 130.35 OF THE PENAL LAW, A CRIME
FORMERLY 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 circum-
stances 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.
§ 28. Subdivision 6 of section 300.50 of the criminal procedure law,
as amended by a chapter of the laws of 2023 amending 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 judi-
ciary law and the domestic relations law relating to sex offenses, as
proposed in legislative bills numbers S. 3161 and A. 3340, is amended to
read as follows:
S. 8008 15
6. For purposes of this section, the offenses of rape in the third
degree as defined in THE FORMER SUBDIVISION THREE OR subdivisions seven,
eight and nine of section 130.25 of the penal law AND A CRIME FORMERLY
DEFINED IN SUBDIVISION THREE OF SECTION 130.40 OF THE PENAL LAW, are not
lesser included offenses of rape in the first degree, A CRIME FORMERLY
DEFINED IN SECTION 130.50 OF THE PENAL LAW, or any other offense.
Notwithstanding the foregoing, any such offense may be submitted as a
lesser included offense of the applicable first degree offense when (i)
there is a reasonable view of the evidence which would support a finding
that the defendant committed such lesser offense but did not commit the
greater offense, and (ii) both parties consent to its submission.
§ 29. Subdivision 6 of section 380.50 of the criminal procedure law,
as amended by a chapter of the laws of 2023 amending 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 judi-
ciary law and the domestic relations law relating to sex offenses, as
proposed in legislative bills numbers S. 3161 and A. 3340, 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, FORMER
SECTION 130.40, FORMER SECTION 130.45, SECTIONS 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, subdivision two of section 230.30 or 230.32, the prose-
cutor 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 indi-
cate a demand to be informed of any petition to change the name of such
defendant. Such forms shall be maintained by such prosecutor. Upon
receipt of a notice of a petition to change the name of any such defend-
ant, pursuant to subdivision two of section sixty-two of the civil
rights law, the prosecutor shall promptly notify the victim at the most
current address or telephone number provided by such victim in the most
reasonable and expedient possible manner of the time and place such
petition will be presented to the court.
§ 30. Paragraph (b) of subdivision 8 of section 700.05 of the criminal
procedure law, as amended by a chapter of the laws of 2023 amending 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 relating
to sex offenses, as proposed in legislative bills numbers S. 3161 and A.
3340, 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
S. 8008 16
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, A CRIME
FORMERLY DEFINED IN SECTION 130.40 OF THE PENAL LAW, A CRIME FORMERLY
DEFINED IN SECTION 130.45 OF THE PENAL LAW, A CRIME FORMERLY DEFINED IN
SECTION 130.50 OF THE PENAL LAW, sexual abuse in the first degree as
defined in section 130.65 of the penal law, unlawful imprisonment in the
first degree as defined in section 135.10 of the penal law, kidnapping
in the second degree as defined in section 135.20 of the penal law,
kidnapping in the first degree as defined in section 135.25 of the penal
law, labor trafficking as defined in section 135.35 of the penal law,
aggravated labor trafficking as defined in section 135.37 of the penal
law, custodial interference in the first degree as defined in section
135.50 of the penal law, coercion in the first degree as defined in
section 135.65 of the penal law, criminal trespass in the first degree
as defined in section 140.17 of the penal law, burglary in the third
degree as defined in section 140.20 of the penal law, burglary in the
second degree as defined in section 140.25 of the penal law, burglary in
the first degree as defined in section 140.30 of the penal law, criminal
mischief in the third degree as defined in section 145.05 of the penal
law, criminal mischief in the second degree as defined in section 145.10
of the penal law, criminal mischief in the first degree as defined in
section 145.12 of the penal law, criminal tampering in the first degree
as defined in section 145.20 of the penal law, arson in the fourth
degree as defined in section 150.05 of the penal law, arson in the third
degree as defined in section 150.10 of the penal law, arson in the
second degree as defined in section 150.15 of the penal law, arson in
the first degree as defined in section 150.20 of the penal law, grand
larceny in the fourth degree as defined in section 155.30 of the penal
law, grand larceny in the third degree as defined in section 155.35 of
the penal law, grand larceny in the second degree as defined in section
155.40 of the penal law, grand larceny in the first degree as defined in
section 155.42 of the penal law, health care fraud in the fourth degree
as defined in section 177.10 of the penal law, health care fraud in the
third degree as defined in section 177.15 of the penal law, health care
fraud in the second degree as defined in section 177.20 of the penal
law, health care fraud in the first degree as defined in section 177.25
of the penal law, robbery in the third degree as defined in section
160.05 of the penal law, robbery in the second degree as defined in
section 160.10 of the penal law, robbery in the first degree as defined
in section 160.15 of the penal law, unlawful use of secret scientific
material as defined in section 165.07 of the penal law, criminal
possession of stolen property in the fourth degree as defined in section
165.45 of the penal law, criminal possession of stolen property in the
third degree as defined in section 165.50 of the penal law, criminal
possession of stolen property in the second degree as defined by section
165.52 of the penal law, criminal possession of stolen property in the
first degree as defined by section 165.54 of the 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
S. 8008 17
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
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;
§ 31. Paragraph (a) of subdivision 2 of section 720.10 of the criminal
procedure law, as amended by a chapter of the laws of 2023 amending 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 relating
to sex offenses, as proposed in legislative bills numbers S. 3161 and A.
3340, 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, A CRIME FORMERLY
S. 8008 18
DEFINED IN SECTION 130.50 OF THE PENAL LAW, or THE CRIME OF aggravated
sexual abuse, except as provided in subdivision three, or
§ 32. Paragraph (a) of subdivision 2 and paragraph (a) of subdivision
3 of section 168-a of the correction law, as amended by a chapter of the
laws of 2023 amending 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 relating to sex offenses, as proposed in legislative
bills numbers S. 3161 and A. 3340, 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,] FORMER SECTION 130.40, FORMER SECTION 130.45, SECTIONS 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 seventeen years
of age, 230.05, 230.06, 230.11, 230.12, 230.13, subdivision two of
section 230.30, section 230.32, 230.33, or 230.34 of the penal law, or
section 230.25 of the penal law where the person prostituted is in fact
less than seventeen years old, or
(a) (i) a conviction of or a conviction for an attempt to commit any
of the provisions of [sections] SECTION 130.35, FORMER SECTION 130.50,
SECTIONS 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
§ 33. 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, as amended by a chapter of the laws of 2023
amending 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 agri-
culture and markets law, the judiciary law and the domestic relations
law relating to sex offenses, as proposed in legislative bills numbers
S. 3161 and A. 3340, are amended to read as follows:
(ii) the child has been found to be an abused child, as defined in
paragraph (iii) of subdivision (e) of section ten hundred twelve of the
family court act, as a result of such parent's acts; provided, however,
the respondent must have committed or knowingly allowed to be committed
a felony sex offense as defined in sections 130.25, 130.30, 130.35,
FORMER SECTIONS 130.40, 130.45, 130.50, SECTIONS 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
S. 8008 19
committed a felony sex offense as defined in sections 130.25, 130.30,
130.35, FORMER SECTIONS 130.40, 130.45, 130.50, SECTIONS 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, FORMER SECTIONS
130.40, 130.45, 130.50, SECTIONS 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, FORMER SECTIONS 130.40, 130.45,
130.50, SECTIONS 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 responsible, 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, FORMER SECTIONS 130.40, 130.45, 130.50, SECTIONS
130.65, 130.67, 130.70, 130.75 and 130.80 of the penal law shall estab-
lish that the child was an abused child for the purpose of a determi-
nation as required by subparagraph (i) or (ii) of paragraph (b) of this
subdivision. Such a determination by the court in accordance with arti-
cle ten of the family court act based upon a fair preponderance of
evidence shall be admissible in any proceeding commenced in accordance
with this section.
§ 34. Paragraphs (a) and (b) of subdivision 4 of section 509-cc of the
vehicle and traffic law, as amended by a chapter of the laws of 2023
amending 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 agri-
culture and markets law, the judiciary law and the domestic relations
law relating to sex offenses, as proposed in legislative bills numbers
S. 3161 and A. 3340, 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, FORMER SECTIONS 130.45 AND
130.50, SECTIONS 130.65, 130.66, 130.67, 130.70, 130.75, 130.80, 130.90,
130.95, 130.96, 135.25, 150.20, 230.30, 230.32, 230.34, 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
S. 8008 20
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, FORMER SECTION 130.40, SECTIONS 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 afor-
esaid 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.
§ 35. The opening paragraph of subdivision (b) of section 117 of the
family court act, as amended by a chapter of the laws of 2023 amending
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 relat-
ing to sex offenses, as proposed in legislative bills numbers S. 3161
and A. 3340, is amended to read as follows:
For every juvenile delinquency proceeding under article three involv-
ing 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 (kidnapping
in the first degree); or 150.20 (arson in the first degree) of the penal
law committed by a person thirteen, fourteen, fifteen, sixteen, or
seventeen years of age; or such conduct committed as a sexually moti-
vated 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); FORMER SECTION 130.50; SECTIONS 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, sixteen, or seventeen 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, fifteen, sixteen, or
seventeen years of age; or such conduct committed as a sexually moti-
vated 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, fifteen, sixteen, or seventeen 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, fifteen,
sixteen, or seventeen years of age but only where there has been a prior
S. 8008 21
finding by a court that such person has previously committed an act
which, if committed by an adult, would be the crime of assault in the
second degree, robbery in the second degree or any designated felony act
specified in clause (i), (ii) or (iii) of this subdivision regardless of
the age of such person at the time of the commission of the prior act;
or (vi) other than a misdemeanor, committed by a person at least twelve
but less than eighteen years of age, but only where there have 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:
§ 36. Subdivision 4 of section 308.1 of the family court act, as
amended by a chapter of the laws of 2023 amending 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 judi-
ciary law and the domestic relations law relating to sex offenses, as
proposed in legislative bills numbers S. 3161 and A. 3340, 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-
visions one, two and three of section 130.25, (rape in the third
degree), SUBDIVISION ONE OF FORMER SECTION 130.40, 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, (criminal possession of a dangerous weapon in the
first degree) of the penal law where the child has previously had one or
more adjustments of a case in which such child allegedly committed an
act which would be a crime specified in this subdivision unless it has
received written approval from the court and the appropriate presentment
agency.
§ 37. Subdivision (c) of section 1052 of the family court act, as
amended by a chapter of the laws of 2023 amending 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 judi-
ciary law and the domestic relations law relating to sex offenses, as
proposed in legislative bills numbers S. 3161 and A. 3340, is amended to
read as follows:
(c) Prior to granting an order of disposition pursuant to subdivision
(a) of this section following an adjudication of child abuse, as defined
in paragraph (i) of subdivision (e) of section ten hundred twelve of
this act or a finding of a felony sex offense as defined in sections
130.25, 130.30, 130.35, FORMER SECTIONS 130.40, 130.45, 130.50, SECTIONS
130.65 and 130.70 of the penal law, the court shall advise the respond-
ent that any subsequent adjudication of child abuse, as defined in para-
graph (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
S. 8008 22
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 guardianship and custody of the child, or another child pursuant
to section three hundred eighty-four-b of the social services law.
§ 38. Subdivision 2 of section 64 of the civil rights law, as amended
by a chapter of the laws of 2023 amending 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 relating to sex offenses, as proposed
in legislative bills numbers S. 3161 and A. 3340, is amended to read as
follows:
2. (a) If the petition states that the petitioner stands convicted of
a violent felony offense as defined in section 70.02 of the penal law or
a felony defined in article one hundred twenty-five of such law or any
of the following provisions of such law sections 130.25, 130.30, FORMER
SECTIONS 130.40 AND 130.45, SECTIONS 255.25, 255.26, 255.27, article two
hundred sixty-three, 135.10, 135.25, 230.05, 230.06, subdivision two of
section 230.30 or 230.32, the clerk of the court in which the order has
been entered shall deliver, by first class mail, a copy of such certi-
fied order to the division of criminal justice services at its office in
the county of Albany and (b) if the petition states that the petitioner
is responsible for spousal support or child support obligations pursuant
to court order, upon review of the petitioner's application for name
change and subsequent inquiry, the court shall order the petitioner to
deliver, by first class mail, the petitioner's new name with such certi-
fied order to the court of competent jurisdiction which imposed the
orders of support. If a party to the order is receiving child support
services pursuant to title six-A of article three of the social services
law, a copy shall be mailed to the support collection unit of the appli-
cable social services district providing such services to a party. Such
certification shall appear on the original order and on any certified
copy thereof and shall be entered in the court's minutes of the proceed-
ing.
§ 39. Section 213-c of the civil practice law and rules, as amended by
a chapter of the laws of 2023 amending 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 relating to sex offenses, as proposed
in legislative bills numbers S. 3161 and A. 3340, 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] FOUR, FIVE OR SIX of
section 130.30 of the penal law, OR RAPE IN THE SECOND DEGREE AS DEFINED
IN FORMER SUBDIVISION TWO OF SECTION 130.30 OF THE PENAL LAW, or rape in
the third degree as defined in subdivision one [or], TWO, three, SEVEN,
EIGHT OR NINE of section 130.25 of the penal law, OR A CRIME FORMERLY
DEFINED IN SECTION 130.50 OF THE PENAL LAW, OR A CRIME FORMERLY DEFINED
IN SUBDIVISION TWO OF SECTION 130.45 OF THE PENAL LAW, OR A CRIME
S. 8008 23
FORMERLY 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] FOUR, FIVE OR SIX of section
130.30 of the penal law, OR RAPE IN THE SECOND DEGREE AS FORMERLY
DEFINED IN SUBDIVISION TWO OF SECTION 130.30 OF THE PENAL LAW, OR A
CRIME FORMERLY DEFINED IN SUBDIVISION TWO OF SECTION 130.45 OF THE PENAL
LAW), or aggravated sexual abuse in the first degree as defined in
section 130.70 of the penal law, or course of sexual conduct against a
child in the first degree as defined in section 130.75 of the penal law
may be brought against any party whose intentional or negligent 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 proceeding be applicable to
any such civil action.
§ 40. Paragraph (b) of subdivision 8 of section 215 of the civil prac-
tice law and rules, as amended by a chapter of the laws of 2023 amending
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 relat-
ing to sex offenses, as proposed in legislative bills numbers S. 3161
and A. 3340, 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 A CRIME FORMERLY DEFINED IN SECTION 130.50 OF THE
PENAL LAW, or aggravated sexual abuse in the first degree as defined in
section 130.70 of the penal law, or course of sexual conduct against a
child in the first degree as defined in section 130.75 of the penal law,
the plaintiff shall have at least five years from the termination of the
criminal action as defined in section 1.20 of the criminal procedure law
in which to commence the civil action, notwithstanding that the time in
which to commence such action has already expired or has less than a
year remaining.
§ 41. Subdivision 11 of section 123 of the agriculture and markets
law, as amended by a chapter of the laws of 2023 amending 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 relating to sex offenses,
as proposed in legislative bills numbers S. 3161 and A. 3340, 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, paragraph (a) or (b) of subdi-
vision two or paragraph (a) or (b) of subdivision three of section
130.35 of the penal law, RAPE IN THE FIRST DEGREE AS DEFINED IN THE
FORMER SUBDIVISION ONE OF SECTION 130.35 OF THE PENAL LAW, A CRIME
S. 8008 24
FORMERLY DEFINED IN SUBDIVISION ONE OR TWO OF SECTION 130.50 OF THE
PENAL LAW or kidnapping within the dwelling or upon the real property of
the owner of the dog and the dog injured or killed the person committing
such criminal activity.
§ 42. Section 4 of the judiciary law, as amended by a chapter of the
laws of 2023 amending 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 relating to sex offenses, as proposed in legislative
bills numbers S. 3161 and A. 3340, 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, bastardy
[or], filiation, OR A CRIME FORMERLY DEFINED IN SECTIONS 130.50, 130.45,
AND 130.40 OF THE PENAL LAW, the court may, in its discretion, exclude
therefrom all persons who are not directly interested therein, excepting
jurors, witnesses, and officers of the court.
§ 43. Subdivision 2 of section 120.60 of the penal law, as amended by
a chapter of the laws of 2023 amending 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 relating to sex offenses, as proposed
in legislative bills numbers S. 3161 and A. 3340, 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, FORMER
SECTION 130.40 or SECTION 130.85 of this chapter, or a class D felony
defined in FORMER SECTION 130.45 OR section 130.30 of this chapter.
§ 44. Subdivision 1 of section 235.00 of the penal law, as amended by
a chapter of the laws of 2023 amending 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 relating to sex offenses, as proposed
in legislative bills numbers S. 3161 and A. 3340, 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: vaginal sexual contact, A CRIME UNDER THE
FORMER SECTIONS 130.50, 130.45, AND 130.40 OF THE PENAL LAW, oral sexual
contact, anal sexual contact, sexual bestiality, masturbation, sadism,
masochism, excretion or lewd exhibition of the genitals, and (c) consid-
ered as a whole, it lacks serious literary, artistic, political, and
scientific value. Predominant appeal shall be judged with reference to
ordinary adults unless it appears from the character of the material or
the circumstances of its dissemination to be designed for children or
other especially susceptible audience.
§ 45. Sections 65 and 66 of a chapter of the laws of 2023, amending
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
S. 8008 25
and markets law, the judiciary law and the domestic relations law relat-
ing to sex offenses, as proposed in legislative bills numbers S. 3161
and A. 3340, are amended to read as follows:
§ 65. As it pertains to the repealed sections of law, [nothing] SUCH
REPEAL SHALL NOT BE CONSTRUED TO APPLY RETROACTIVELY. OFFENSES COMMITTED
PRIOR TO THE EFFECTIVE DATE OF THIS ACT MAY BE CONSTRUED AND PUNISHED
ACCORDING TO THE PROVISIONS OF LAW EXISTING AT THE TIME OF THE COMMIS-
SION THEREOF. NOTHING in this act shall affect a requirement to regis-
ter 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 ongo-
ing matter related to a conviction of the sections repealed in this act.
§ 66. This act shall take effect [January] SEPTEMBER 1, 2024 and shall
apply to any offense COMMITTED on or after such effective date.
§ 46. This act shall take effect immediately; provided, however, that
sections one through forty-four of this act shall take effect on the
same date and in the same manner as a chapter of the laws of 2023,
amending 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 agri-
culture and markets law, the judiciary law and the domestic relations
law relating to sex offenses, as proposed in legislative bills numbers
S. 3161 and A. 3340, takes effect.
