S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        4959--A
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 9, 2015
                                      ___________
       Introduced  by  M.  of  A.  SIMOTAS, COLTON, AUBRY, SCARBOROUGH, MARKEY,
         ENGLEBRIGHT, BRAUNSTEIN, DenDEKKER, BRINDISI, MORELLE, JAFFEE,  PERRY,
         CLARK,  COOK,  ROBERTS,  HOOPER, WEPRIN, SANTABARBARA, SKOUFIS, ROZIC,
         HEVESI, QUART, LIFTON, GJONAJ, OTIS, SEPULVEDA,  McDONALD,  MOSLEY  --
         Multi-Sponsored  by  --  M.  of  A. ARROYO, BRENNAN, BUCHWALD, CORWIN,
         DUPREY, FINCH, FITZPATRICK, GALEF, GLICK,  GOODELL,  HIKIND,  LUPARDO,
         MALLIOTAKIS, McDONOUGH, MONTESANO, PEOPLES-STOKES, RA, ROBINSON, SCHI-
         MEL,  WALTER  --  read  once and referred to the Committee on Codes --
         committee discharged, bill amended, ordered reprinted as  amended  and
         recommitted to said committee
       AN  ACT  to  amend  the  penal  law,  the  criminal  procedure  law, the
         correction law, the social services law, the vehicle and traffic  law,
         the family court act, the civil rights law, the civil practice law and
         rules,  the  agriculture  and  markets  law, the judiciary law and the
         domestic relations law, in relation to sex  offenses;  and  to  repeal
         certain provisions of the penal law relating thereto
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Sections 130.40, 130.45 and 130.50 of  the  penal  law  are
    2  REPEALED.
    3    S 2. Subdivisions 1 and 2 of section 130.00 of the penal law, subdivi-
    4  sion  2  as  amended  by chapter 264 of the laws of 2003, are amended to
    5  read as follows:
    6    1. "[Sexual intercourse] VAGINAL SEXUAL  CONTACT"  [has  its  ordinary
    7  meaning  and  occurs upon any penetration, however slight] MEANS CONDUCT
    8  BETWEEN PERSONS CONSISTING OF CONTACT BETWEEN THE PENIS AND  THE  VAGINA
    9  OR VULVA.
   10    2.  (a)  "Oral sexual [conduct] CONTACT" means conduct between persons
   11  consisting of contact between the mouth and the penis, the mouth and the
   12  anus, or the mouth and the vulva or vagina.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06040-04-5
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    1    (b) "Anal sexual [conduct]  CONTACT"  means  conduct  between  persons
    2  consisting of contact between the penis and anus.
    3    S  3.  Section 130.25 of the penal law, as amended by chapter 1 of the
    4  laws of 2000, is amended to read as follows:
    5  S 130.25 Rape in the third degree.
    6    A person is guilty of rape in the third degree when:
    7    1. He or she engages in [sexual intercourse]  VAGINAL  SEXUAL  CONTACT
    8  with another person who is incapable of consent by reason of some factor
    9  other than being less than seventeen years old;
   10    2. HE OR SHE ENGAGES IN ORAL SEXUAL CONTACT WITH ANOTHER PERSON WHO IS
   11  INCAPABLE OF CONSENT BY REASON OF SOME FACTOR OTHER THAN BEING LESS THAN
   12  SEVENTEEN YEARS OLD;
   13    3. HE OR SHE ENGAGES IN ANAL SEXUAL CONTACT WITH ANOTHER PERSON WHO IS
   14  INCAPABLE  OF  CONSENT  BY  REASON OF SOME OTHER FACTOR OTHER THAN BEING
   15  LESS THAN SEVENTEEN YEARS OLD;
   16    4. Being twenty-one years old or more, he or she  engages  in  [sexual
   17  intercourse] VAGINAL SEXUAL CONTACT with another person less than seven-
   18  teen years old; [or
   19    3.]  5.  BEING TWENTY-ONE YEARS OLD OR MORE, HE OR SHE ENGAGES IN ORAL
   20  SEXUAL CONTACT WITH ANOTHER PERSON LESS THAN SEVENTEEN YEARS OLD;
   21    6. BEING TWENTY-ONE YEARS OLD OR MORE, HE OR SHE ENGAGES IN ANAL SEXU-
   22  AL CONTACT WITH ANOTHER PERSON LESS THAN SEVENTEEN YEARS OLD;
   23    7. He or she engages in [sexual intercourse]  VAGINAL  SEXUAL  CONTACT
   24  with  another  person  without  such person's consent where such lack of
   25  consent is by reason of some factor other than incapacity to consent[.];
   26    8. HE OR SHE ENGAGES IN ORAL SEXUAL CONTACT WITH ANOTHER PERSON  WITH-
   27  OUT  SUCH  PERSON'S  CONSENT  WHERE SUCH LACK OF CONSENT IS BY REASON OF
   28  SOME FACTOR OTHER THAN INCAPACITY TO CONSENT; OR
   29    9. HE OR SHE ENGAGES IN ANAL SEXUAL CONTACT WITH ANOTHER PERSON  WITH-
   30  OUT  SUCH  PERSON'S  CONSENT  WHERE SUCH LACK OF CONSENT IS BY REASON OF
   31  SOME FACTOR OTHER THAN THE INCAPACITY TO CONSENT.
   32    Rape in the third degree is a class E felony.
   33    S 4. Section 130.30 of the penal law, as amended by chapter 1  of  the
   34  laws of 2000, is amended to read as follows:
   35  S 130.30 Rape in the second degree.
   36    A person is guilty of rape in the second degree when:
   37    1.  being  eighteen  years  old  or more, he or she engages in [sexual
   38  intercourse] VAGINAL  SEXUAL  CONTACT  with  another  person  less  than
   39  fifteen years old; [or]
   40    2.  BEING EIGHTEEN YEARS OLD OR MORE, HE OR SHE ENGAGES IN ORAL SEXUAL
   41  CONTACT WITH ANOTHER PERSON LESS THAN FIFTEEN YEARS OLD;
   42    3. BEING EIGHTEEN YEARS OLD OR MORE, HE OR SHE ENGAGES IN ANAL  SEXUAL
   43  CONTACT WITH ANOTHER PERSON LESS THAN FIFTEEN YEARS OLD;
   44    4.  he  or  she engages in [sexual intercourse] VAGINAL SEXUAL CONTACT
   45  with another person who is incapable  of  consent  by  reason  of  being
   46  mentally disabled or mentally incapacitated[.] ;
   47    5. HE OR SHE ENGAGES IN ORAL SEXUAL CONTACT WITH ANOTHER PERSON WHO IS
   48  INCAPABLE  OF  CONSENT  BY REASON OF BEING MENTALLY DISABLED OR MENTALLY
   49  INCAPACITATED; OR
   50    6. HE OR SHE ENGAGES IN ANAL SEXUAL CONTACT WITH ANOTHER PERSON WHO IS
   51  INCAPABLE OF CONSENT BY REASON OF BEING MENTALLY  DISABLED  OR  MENTALLY
   52  INCAPACITATED.
   53    It  shall be an affirmative defense to the crime of rape in the second
   54  degree as defined in [subdivision] SUBDIVISIONS one, TWO  AND  THREE  of
   55  this  section that the defendant was less than four years older than the
   56  victim at the time of the act.
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    1    Rape in the second degree is a class D felony.
    2    S  5.  Section 130.35 of the penal law, as amended by chapter 1 of the
    3  laws of 2000, is amended to read as follows:
    4  S 130.35 Rape in the first degree.
    5    A person is guilty of rape in the first degree when:
    6    1. he or she engages in [sexual intercourse]  VAGINAL  SEXUAL  CONTACT
    7  with another person:
    8    [1.] (A) By forcible compulsion; or
    9    [2.]  (B)  Who  is  incapable of consent by reason of being physically
   10  helpless; or
   11    [3.] (C) Who is less than eleven years old; or
   12    [4.] (D) Who is less than thirteen years old and the actor is eighteen
   13  years old or more[.];
   14    2. HE OR SHE ENGAGES IN ORAL SEXUAL CONTACT WITH ANOTHER PERSON:
   15    (A) BY FORCIBLE COMPULSION; OR
   16    (B) WHO IS INCAPABLE OF CONSENT BY REASON OF  BEING  PHYSICALLY  HELP-
   17  LESS; OR
   18    (C) WHO IS LESS THAN ELEVEN YEARS OLD; OR
   19    (D)  WHO  IS  LESS  THAN  THIRTEEN YEARS OLD AND THE ACTOR IS EIGHTEEN
   20  YEARS OLD OR MORE; OR
   21    3. HE OR SHE ENGAGES IN ANAL SEXUAL CONTACT WITH ANOTHER PERSON:
   22    (A) BY FORCIBLE COMPULSION; OR
   23    (B) WHO IS INCAPABLE OF CONSENT BY REASON OF  BEING  PHYSICALLY  HELP-
   24  LESS; OR
   25    (C) WHO IS LESS THAN ELEVEN YEARS OLD; OR
   26    (D)  WHO  IS  LESS  THAN  THIRTEEN YEARS OLD AND THE ACTOR IS EIGHTEEN
   27  YEARS OLD OR MORE.
   28    Rape in the first degree is a class B felony.
   29    S 6. Paragraph 2 of subdivision 18 of section 10.00 of the penal  law,
   30  as  amended  by  chapter  7  of  the laws of 2007, is amended to read as
   31  follows:
   32    (2) a person fourteen or fifteen years old who is criminally responsi-
   33  ble for acts constituting the crimes defined in subdivisions one and two
   34  of section 125.25 (murder in the second degree) and in subdivision three
   35  of such section provided that the underlying crime for the murder charge
   36  is one for which such person is criminally responsible;  section  135.25
   37  (kidnapping  in  the  first degree); 150.20 (arson in the first degree);
   38  subdivisions one and  two  of  section  120.10  (assault  in  the  first
   39  degree);  125.20  (manslaughter  in the first degree); [subdivisions one
   40  and] PARAGRAPHS (A) AND (B) OF SUBDIVISION ONE, PARAGRAPHS (A)  AND  (B)
   41  OF  SUBDIVISION  two, AND PARAGRAPHS (A) AND (B) OF SUBDIVISION THREE of
   42  section 130.35 (rape in the first degree); [subdivisions one and two  of
   43  section  130.50  (criminal  sexual  act  in  the  first degree);] 130.70
   44  (aggravated sexual abuse in the first degree); 140.30 (burglary  in  the
   45  first degree); subdivision one of section 140.25 (burglary in the second
   46  degree);  150.15  (arson  in  the second degree); 160.15 (robbery in the
   47  first degree); subdivision two of section 160.10 (robbery in the  second
   48  degree)  of  this chapter; or section 265.03 of this chapter, where such
   49  machine gun or such firearm is possessed  on  school  grounds,  as  that
   50  phrase  is  defined  in  subdivision  fourteen of section 220.00 of this
   51  chapter; or defined in this chapter as an attempt to  commit  murder  in
   52  the  second degree or kidnapping in the first degree, or such conduct as
   53  a sexually motivated felony, where authorized pursuant to section 130.91
   54  of [the penal law] THIS CHAPTER.
   55    S 7. Subdivision 2 of section 30.00 of the penal law,  as  amended  by
   56  chapter 7 of the laws of 2007, is amended to read as follows:
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    1    2.  A  person thirteen, fourteen or fifteen years of age is criminally
    2  responsible for acts constituting murder in the second degree as defined
    3  in subdivisions one and two of section 125.25 and in  subdivision  three
    4  of such section provided that the underlying crime for the murder charge
    5  is  one  for  which  such  person  is criminally responsible or for such
    6  conduct as a sexually motivated felony,  where  authorized  pursuant  to
    7  section  130.91  [of  the  penal  law]; and a person fourteen or fifteen
    8  years of age is criminally responsible for acts constituting the  crimes
    9  defined  in  section  135.25  (kidnapping  in  the first degree); 150.20
   10  (arson in the first degree); subdivisions one and two of section  120.10
   11  (assault  in  the  first  degree);  125.20  (manslaughter  in  the first
   12  degree); [subdivisions one and] PARAGRAPHS (A) AND  (B)  OF  SUBDIVISION
   13  ONE,  PARAGRAPHS  (A) AND (B) OF SUBDIVISION two, AND PARAGRAPHS (A) AND
   14  (B) OF SUBDIVISION THREE of section 130.35 (rape in the  first  degree);
   15  [subdivisions  one and two of section 130.50 (criminal sexual act in the
   16  first degree); 130.70 (aggravated sexual abuse in  the  first  degree);]
   17  140.30 (burglary in the first degree); subdivision one of section 140.25
   18  (burglary  in  the  second degree); 150.15 (arson in the second degree);
   19  160.15 (robbery in the first degree); subdivision two of section  160.10
   20  (robbery  in  the  second  degree) of this chapter; or section 265.03 of
   21  this chapter, where such machine gun or such  firearm  is  possessed  on
   22  school  grounds,  as  that  phrase is defined in subdivision fourteen of
   23  section 220.00 of this chapter; or defined in this chapter as an attempt
   24  to commit murder in the second degree or kidnapping in the first degree,
   25  or for such conduct as a sexually  motivated  felony,  where  authorized
   26  pursuant to section 130.91 of [the penal law] THIS CHAPTER.
   27    S 8. Paragraph (b) of subdivision 2 of section 35.15 of the penal law,
   28  as  amended  by  chapter  511 of the laws of 2004, is amended to read as
   29  follows:
   30    (b) He or she reasonably believes that such other person is committing
   31  or attempting to commit a kidnapping, forcible rape, [forcible  criminal
   32  sexual act] FORCIBLE AGGRAVATED SEXUAL ABUSE, or robbery; or
   33    S  9.  Paragraphs (a) and (c) of subdivision 1 of section 70.02 of the
   34  penal law, paragraph (a) as amended by chapter 320 of the laws  of  2006
   35  and  paragraph  (c)  as  amended  by  chapter 1 of the laws of 2013, are
   36  amended to read as follows:
   37    (a) Class B violent felony offenses: an attempt to  commit  the  class
   38  A-I  felonies  of  murder  in  the  second  degree as defined in section
   39  125.25, kidnapping in the first degree as defined in section 135.25, and
   40  arson in the first degree as defined in section 150.20; manslaughter  in
   41  the  first  degree as defined in section 125.20, aggravated manslaughter
   42  in the first degree as defined in section  125.22,  rape  in  the  first
   43  degree  as  defined in section 130.35, [criminal sexual act in the first
   44  degree as defined in section 130.50,] aggravated  sexual  abuse  in  the
   45  first  degree  as  defined  in  section 130.70, course of sexual conduct
   46  against a child in the  first  degree  as  defined  in  section  130.75;
   47  assault  in the first degree as defined in section 120.10, kidnapping in
   48  the second degree as defined in section 135.20, burglary  in  the  first
   49  degree  as  defined  in  section  140.30,  arson in the second degree as
   50  defined in section 150.15, robbery in the first  degree  as  defined  in
   51  section 160.15, incest in the first degree as defined in section 255.27,
   52  criminal  possession  of  a  weapon  in  the  first degree as defined in
   53  section 265.04, criminal use of a firearm in the first degree as defined
   54  in section 265.09, criminal sale of a firearm in  the  first  degree  as
   55  defined in section 265.13, aggravated assault upon a police officer or a
   56  peace  officer  as  defined in section 120.11, gang assault in the first
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    1  degree as defined in section 120.07, intimidating a victim or witness in
    2  the first degree as defined in section 215.17, hindering prosecution  of
    3  terrorism  in  the  first  degree as defined in section 490.35, criminal
    4  possession  of  a  chemical  weapon  or  biological weapon in the second
    5  degree as defined in section 490.40, and  criminal  use  of  a  chemical
    6  weapon  or  biological  weapon in the third degree as defined in section
    7  490.47.
    8    (c) Class D violent felony offenses: an attempt to commit any  of  the
    9  class C felonies set forth in paragraph (b); reckless assault of a child
   10  as defined in section 120.02, assault in the second degree as defined in
   11  section 120.05, menacing a police officer or peace officer as defined in
   12  section  120.18, stalking in the first degree, as defined in subdivision
   13  one of section 120.60, strangulation in the second degree as defined  in
   14  section  121.12, rape in the second degree as defined in section 130.30,
   15  [criminal sexual act in the second degree as defined in section 130.45,]
   16  sexual abuse in the first degree as defined in section 130.65, course of
   17  sexual conduct against a child  in  the  second  degree  as  defined  in
   18  section  130.80,  aggravated sexual abuse in the third degree as defined
   19  in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
   20  substance  as defined in section 130.90, criminal possession of a weapon
   21  in the third degree as defined in subdivision five, six,  seven,  eight,
   22  nine  or  ten of section 265.02, criminal sale of a firearm in the third
   23  degree as defined in section 265.11, intimidating a victim or witness in
   24  the second degree as defined in section 215.16, soliciting or  providing
   25  support  for  an  act  of  terrorism  in the second degree as defined in
   26  section 490.10, and making a terroristic threat as  defined  in  section
   27  490.20,  falsely reporting an incident in the first degree as defined in
   28  section 240.60, placing a false bomb or hazardous substance in the first
   29  degree as defined in section 240.62, placing a false bomb  or  hazardous
   30  substance  in a sports stadium or arena, mass transportation facility or
   31  enclosed shopping mall as defined in section 240.63, [and] OR aggravated
   32  unpermitted use of indoor pyrotechnics in the first degree as defined in
   33  section 405.18.
   34    S 10. Paragraph b of subdivision 5 of section 120.40 of the penal law,
   35  as amended by chapter 320 of the laws of 2006, is  amended  to  read  as
   36  follows:
   37    b.  a  crime  defined  in  section  130.20,  130.25,  130.30, [130.40,
   38  130.45,] 130.55, 130.60, 130.70, 255.25, 255.26 or 255.27;
   39    S 11. Paragraph (d) of subdivision 2 and paragraph (h) of  subdivision
   40  3  of section 130.05 of the penal law, paragraph (d) of subdivision 2 as
   41  amended by chapter 40 of the laws of 2004 and paragraph (h) of  subdivi-
   42  sion  3  as amended by section 2 of part G of chapter 501 of the laws of
   43  2012, are amended to read as follows:
   44    (d) Where the offense charged is rape in the third degree  as  defined
   45  in  [subdivision  three]  SUBDIVISIONS  SEVEN, EIGHT AND NINE of section
   46  130.25, [or criminal sexual act in the third degree as defined in subdi-
   47  vision three of section 130.40,] in  addition  to  forcible  compulsion,
   48  circumstances  under  which, at the time of the act of intercourse, oral
   49  sexual conduct or anal sexual conduct, the victim clearly expressed that
   50  he or she did not consent to engage in such act, and a reasonable person
   51  in the actor's situation would have understood such person's  words  and
   52  acts  as  an  expression  of  lack  of consent to such act under all the
   53  circumstances.
   54    (h) a client or patient and the actor is a  health  care  provider  or
   55  mental  health  care  provider  charged with rape in the third degree as
   56  defined in section 130.25, [criminal sexual act in the third  degree  as
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    1  defined in section 130.40,] aggravated sexual abuse in the fourth degree
    2  as  defined  in section 130.65-a, or sexual abuse in the third degree as
    3  defined in section 130.55, and the act of sexual conduct occurs during a
    4  treatment session, consultation, interview, or examination; or
    5    S  12. The opening paragraph of subdivision 3 of section 125.25 of the
    6  penal law, as amended by chapter 264 of the laws of 2003, is amended  to
    7  read as follows:
    8    Acting  either  alone or with one or more other persons, he commits or
    9  attempts to commit robbery, burglary, kidnapping,  arson,  rape  in  the
   10  first degree, [criminal sexual act in the first degree,] sexual abuse in
   11  the  first  degree, aggravated sexual abuse, escape in the first degree,
   12  or escape in the second degree, and, in the course of and in furtherance
   13  of such crime or of immediate flight therefrom, he, or  another  partic-
   14  ipant,  if  there be any, causes the death of a person other than one of
   15  the participants; except that in any prosecution under this subdivision,
   16  in which the defendant was not the only participant  in  the  underlying
   17  crime, it is an affirmative defense that the defendant:
   18    S  13. Subdivision 5 of section 125.25 of the penal law, as amended by
   19  chapter 320 of the laws of 2006, is amended to read as follows:
   20    5. Being eighteen years old or more, while in the course of committing
   21  rape in the first, second or third degree, [criminal sexual act  in  the
   22  first, second or third degree,] sexual abuse in the first degree, aggra-
   23  vated  sexual  abuse  in  the  first, second, third or fourth degree, or
   24  incest in the first, second or third degree, against a person less  than
   25  fourteen  years  old,  he  or she intentionally causes the death of such
   26  person.
   27    S 14. Subparagraph (vii) of paragraph (a) of subdivision 1 of  section
   28  125.27  of the penal law, as amended by chapter 264 of the laws of 2003,
   29  is amended to read as follows:
   30    (vii) the victim was killed while the defendant was in the  course  of
   31  committing  or  attempting  to  commit  and  in  furtherance of robbery,
   32  burglary in the first degree or second degree, kidnapping in  the  first
   33  degree,  arson  in  the first degree or second degree, rape in the first
   34  degree, [criminal sexual act in the first degree,] sexual abuse  in  the
   35  first  degree,  aggravated sexual abuse in the first degree or escape in
   36  the first degree, or in the  course  of  and  furtherance  of  immediate
   37  flight after committing or attempting to commit any such crime or in the
   38  course of and furtherance of immediate flight after attempting to commit
   39  the  crime  of murder in the second degree; provided however, the victim
   40  is not a participant in one of the aforementioned crimes  and,  provided
   41  further  that,  unless  the  defendant's  criminal  liability under this
   42  subparagraph is based upon the defendant having commanded another person
   43  to cause the death of the victim or intended victim pursuant to  section
   44  20.00  of  this  chapter,  this  subparagraph  shall not apply where the
   45  defendant's criminal liability is based  upon  the  conduct  of  another
   46  pursuant to section 20.00 of this chapter; or
   47    S  15. Subdivision 3 of section 130.10 of the penal law, as amended by
   48  chapter 264 of the laws of 2003, is amended to read as follows:
   49    3. In any prosecution for the crime of rape in  the  third  degree  as
   50  defined  in  section 130.25, [criminal sexual act in the third degree as
   51  defined in section 130.40,] aggravated sexual abuse in the fourth degree
   52  as defined in section 130.65-a, or sexual abuse in the third  degree  as
   53  defined in section 130.55 in which incapacity to consent is based on the
   54  circumstances set forth in paragraph (h) of subdivision three of section
   55  130.05  of  this  article  it  shall  be an affirmative defense that the
   56  client or patient consented to such conduct charged  after  having  been
       A. 4959--A                          7
    1  expressly advised by the health care or mental health care provider that
    2  such conduct was not performed for a valid medical purpose.
    3    S 16. The opening paragraph and subdivision 2 of section 130.95 of the
    4  penal  law,  as added by chapter 107 of the laws of 2006, are amended to
    5  read as follows:
    6    A person is guilty of predatory sexual assault when he or she  commits
    7  the crime of rape in the first degree, [criminal sexual act in the first
    8  degree,] aggravated sexual abuse in the first degree, or course of sexu-
    9  al conduct against a child in the first degree, as defined in this arti-
   10  cle, and when:
   11    2.  He or she has engaged in conduct constituting the crime of rape in
   12  the first degree, [criminal sexual act in the first degree,]  aggravated
   13  sexual  abuse in the first degree, or course of sexual conduct against a
   14  child in the first degree, as defined in this article,  against  one  or
   15  more additional persons; or
   16    S  17.  The  opening  paragraph of section 130.96 of the penal law, as
   17  added by chapter 107 of the laws of 2006, is amended to read as follows:
   18    A person is guilty of predatory sexual assault against a  child  when,
   19  being eighteen years old or more, he or she commits the crime of rape in
   20  the  first degree, [criminal sexual act in the first degree,] aggravated
   21  sexual abuse in the first degree, or course of sexual conduct against  a
   22  child in the first degree, as defined in this article, and the victim is
   23  less than thirteen years old.
   24    S  18.  Subdivision  2 of section 240.75 of the penal law, as added by
   25  section 2 of part D of chapter 491 of the laws of 2012,  is  amended  to
   26  read as follows:
   27    2.  A  "specified  offense"  is  an  offense defined in section 120.00
   28  (assault in the third degree); section 120.05  (assault  in  the  second
   29  degree);  section  120.10  (assault in the first degree); section 120.13
   30  (menacing in the first degree); section 120.14 (menacing in  the  second
   31  degree);  section  120.15 (menacing in the third degree); section 120.20
   32  (reckless endangerment in the second degree); section  120.25  (reckless
   33  endangerment  in  the  first  degree);  section  120.45 (stalking in the
   34  fourth degree); section 120.50 (stalking in the third  degree);  section
   35  120.55  (stalking in the second degree); section 120.60 (stalking in the
   36  first degree); section 121.11  (criminal  obstruction  of  breathing  or
   37  blood circulation); section 121.12 (strangulation in the second degree);
   38  section  121.13  (strangulation in the first degree); subdivision one of
   39  section 125.15 (manslaughter in the second degree); subdivision one, two
   40  or four of section 125.20 (manslaughter in the  first  degree);  section
   41  125.25  (murder  in  the  second degree); section 130.20 (sexual miscon-
   42  duct); SECTION 130.25 (RAPE IN THE THIRD DEGREE); section  130.30  (rape
   43  in  the  second  degree);  section  130.35  (rape  in the first degree);
   44  [section 130.40 (criminal sexual  act  in  the  third  degree);  section
   45  130.45 (criminal sexual act in the second degree); section 130.50 (crim-
   46  inal  sexual  act in the first degree);] section 130.52 (forcible touch-
   47  ing); section 130.53 (persistent sexual abuse); section  130.55  (sexual
   48  abuse  in  the third degree); section 130.60 (sexual abuse in the second
   49  degree); section 130.65 (sexual abuse  in  the  first  degree);  section
   50  130.66  (aggravated  sexual  abuse  in the third degree); section 130.67
   51  (aggravated sexual abuse in the second degree); section  130.70  (aggra-
   52  vated  sexual abuse in the first degree); section 130.91 (sexually moti-
   53  vated felony); section 130.95 (predatory sexual assault); section 130.96
   54  (predatory sexual assault against a  child);  section  135.05  (unlawful
   55  imprisonment  in  the second degree); section 135.10 (unlawful imprison-
   56  ment in the first  degree);  section  135.60  (coercion  in  the  second
       A. 4959--A                          8
    1  degree);  section  135.65 (coercion in the first degree); section 140.20
    2  (burglary in the third degree); section 140.25 (burglary in  the  second
    3  degree);  section  140.30 (burglary in the first degree); section 145.00
    4  (criminal  mischief  in  the  fourth  degree);  section 145.05 (criminal
    5  mischief in the third degree); section 145.10 (criminal mischief in  the
    6  second  degree); section 145.12 (criminal mischief in the first degree);
    7  section 145.14 (criminal tampering in the third degree); section  215.50
    8  (criminal  contempt  in  the  second  degree);  section 215.51 (criminal
    9  contempt in the  first  degree);  section  215.52  (aggravated  criminal
   10  contempt);  section 240.25 (harassment in the first degree); subdivision
   11  one, two or four of section 240.30 (aggravated harassment in the  second
   12  degree);  aggravated  family  offense  as defined in this section or any
   13  attempt or conspiracy to commit any of the foregoing offenses where  the
   14  defendant  and  the  person  against whom the offense was committed were
   15  members of the same family or household as defined in subdivision one of
   16  section 530.11 of the criminal procedure law.
   17    S 19. Section 255.26 of the penal law, as added by chapter 320 of  the
   18  laws of 2006, is amended to read as follows:
   19  S 255.26 Incest in the second degree.
   20    A  person  is  guilty  of  incest  in the second degree when he or she
   21  commits the crime of rape in the second degree, as  defined  in  section
   22  130.30  of  this  part, [or criminal sexual act in the second degree, as
   23  defined in section 130.45 of this part,] against a person whom he or she
   24  knows to be related to him or her, whether through marriage or  not,  as
   25  an  ancestor,  descendant,  brother or sister of either the whole or the
   26  half blood, uncle, aunt, nephew or niece.
   27    Incest in the second degree is a class D felony.
   28    S 20. Section 255.27 of the penal law, as added by chapter 320 of  the
   29  laws of 2006, is amended to read as follows:
   30  S 255.27 Incest in the first degree.
   31    A  person  is  guilty  of  incest  in  the first degree when he or she
   32  commits the crime of rape in the first degree, as defined  in  PARAGRAPH
   33  (C)  OR  (D) OF subdivision [three or four] ONE, PARAGRAPH (C) OR (D) OF
   34  SUBDIVISION TWO AND PARAGRAPH (C) OR (D) OF SUBDIVISION THREE of section
   35  130.35 of this part[, or criminal sexual act in  the  first  degree,  as
   36  defined  in  subdivision  three or four of section 130.50 of this part,]
   37  against a person whom he or she knows to  be  related  to  him  or  her,
   38  whether  through marriage or not, as an ancestor, descendant, brother or
   39  sister of either the whole or half blood, uncle, aunt, nephew or niece.
   40    Incest in the first degree is a class B felony.
   41    S 21. Subdivision 3 of section 485.05 of the penal law, as amended  by
   42  chapter 405 of the laws of 2010, is amended to read as follows:
   43    3. A "specified offense" is an offense defined by any of the following
   44  provisions  of  this  chapter:  section  120.00  (assault  in  the third
   45  degree); section 120.05 (assault in the second degree);  section  120.10
   46  (assault in the first degree); section 120.12 (aggravated assault upon a
   47  person  less  than  eleven  years  old); section 120.13 (menacing in the
   48  first degree); section 120.14 (menacing in the second  degree);  section
   49  120.15  (menacing  in the third degree); section 120.20 (reckless endan-
   50  germent in the second degree); section 120.25 (reckless endangerment  in
   51  the  first degree); section 121.12 (strangulation in the second degree);
   52  section 121.13 (strangulation in the first degree); subdivision  one  of
   53  section 125.15 (manslaughter in the second degree); subdivision one, two
   54  or  four  of  section 125.20 (manslaughter in the first degree); section
   55  125.25 (murder in the second degree); section 120.45  (stalking  in  the
   56  fourth  degree);  section 120.50 (stalking in the third degree); section
       A. 4959--A                          9
    1  120.55 (stalking in the second degree); section 120.60 (stalking in  the
    2  first degree); PARAGRAPH (A) OF subdivision one, PARAGRAPH (A) OF SUBDI-
    3  VISION  TWO  AND  PARAGRAPH  (A)  OF SUBDIVISION THREE of section 130.35
    4  (rape in the first degree); [subdivision one of section 130.50 (criminal
    5  sexual  act  in  the  first  degree);] subdivision one of section 130.65
    6  (sexual abuse in the first degree); paragraph (a) of subdivision one  of
    7  section 130.67 (aggravated sexual abuse in the second degree); paragraph
    8  (a) of subdivision one of section 130.70 (aggravated sexual abuse in the
    9  first  degree);  section  135.05  (unlawful  imprisonment  in the second
   10  degree); section 135.10 (unlawful imprisonment  in  the  first  degree);
   11  section  135.20  (kidnapping  in  the  second  degree);  section  135.25
   12  (kidnapping in the first degree); section 135.60 (coercion in the second
   13  degree); section 135.65 (coercion in the first degree);  section  140.10
   14  (criminal  trespass in the third degree); section 140.15 (criminal tres-
   15  pass in the second degree); section 140.17  (criminal  trespass  in  the
   16  first  degree);  section  140.20 (burglary in the third degree); section
   17  140.25 (burglary in the second degree); section 140.30 (burglary in  the
   18  first  degree); section 145.00 (criminal mischief in the fourth degree);
   19  section 145.05 (criminal mischief in the third degree);  section  145.10
   20  (criminal  mischief  in  the  second  degree);  section 145.12 (criminal
   21  mischief in the first degree);  section  150.05  (arson  in  the  fourth
   22  degree);  section  150.10  (arson  in  the third degree); section 150.15
   23  (arson in the  second  degree);  section  150.20  (arson  in  the  first
   24  degree);  section  155.25 (petit larceny); section 155.30 (grand larceny
   25  in the fourth degree);  section  155.35  (grand  larceny  in  the  third
   26  degree);  section  155.40  (grand larceny in the second degree); section
   27  155.42 (grand larceny in the first degree); section 160.05  (robbery  in
   28  the  third  degree);  section  160.10  (robbery  in  the second degree);
   29  section 160.15 (robbery in the first degree); section 240.25 (harassment
   30  in the first degree); subdivision one, two or  four  of  section  240.30
   31  (aggravated harassment in the second degree); or any attempt or conspir-
   32  acy to commit any of the foregoing offenses.
   33    S 22. Subdivision 42 of section 1.20 of the criminal procedure law, as
   34  amended by chapter 7 of the laws of 2007, is amended to read as follows:
   35    42.  "Juvenile offender" means (1) a person, thirteen years old who is
   36  criminally responsible for acts constituting murder in the second degree
   37  as defined in subdivisions one and two of section 125.25  of  the  penal
   38  law,  or  such  conduct as a sexually motivated felony, where authorized
   39  pursuant to section 130.91 of the penal law; and (2) a  person  fourteen
   40  or fifteen years old who is criminally responsible for acts constituting
   41  the crimes defined in subdivisions one and two of section 125.25 (murder
   42  in  the second degree) and in subdivision three of such section provided
   43  that the underlying crime for the murder charge is one  for  which  such
   44  person  is  criminally  responsible;  section  135.25 (kidnapping in the
   45  first degree); 150.20 (arson in the first degree); subdivisions one  and
   46  two of section 120.10 (assault in the first degree); 125.20 (manslaught-
   47  er  in  the first degree); [subdivisions one and] PARAGRAPHS (A) AND (B)
   48  OF SUBDIVISION ONE, PARAGRAPHS (A) AND (B) OF SUBDIVISION two AND  PARA-
   49  GRAPHS  (A)  AND (B) OF SUBDIVISION THREE of section 130.35 (rape in the
   50  first degree); [subdivisions one and two  of  section  130.50  (criminal
   51  sexual act in the first degree);] 130.70 (aggravated sexual abuse in the
   52  first degree); 140.30 (burglary in the first degree); subdivision one of
   53  section  140.25  (burglary  in  the second degree); 150.15 (arson in the
   54  second degree); 160.15 (robbery in the first degree); subdivision two of
   55  section 160.10 (robbery in the second  degree)  of  the  penal  law;  or
   56  section  265.03 of the penal law, where such machine gun or such firearm
       A. 4959--A                         10
    1  is possessed on school grounds, as that phrase is defined in subdivision
    2  fourteen of section 220.00 of the penal law; or defined in the penal law
    3  as an attempt to commit murder in the second degree or kidnapping in the
    4  first  degree,  or  such  conduct  as a sexually motivated felony, where
    5  authorized pursuant to section 130.91 of the penal law.
    6    S 23. Paragraphs (a) and (b) of subdivision 1, the  opening  paragraph
    7  of subdivision 2 and paragraph (a) of subdivision 3 of section 140.20 of
    8  the  criminal  procedure law, paragraphs (a) and (b) of subdivision 1 as
    9  amended by chapter 324 of the laws of 1988,  the  opening  paragraph  of
   10  subdivision  2  and paragraph (a) of subdivision 3 as amended by chapter
   11  550 of the laws of 1987, are amended to read as follows:
   12    (a) If the arrest is for an offense other than a class A, B,  C  or  D
   13  felony  or  a  violation  of  section  130.25, [130.40,] 205.10, 205.17,
   14  205.19 or 215.56 of the penal law committed in a  town,  but  not  in  a
   15  village  thereof having a village court, and the town court of such town
   16  is not available at the time, the arrested person may be brought  before
   17  the local criminal court of any village within such town or, any adjoin-
   18  ing  town,  village embraced in whole or in part by such adjoining town,
   19  or city of the same county; and
   20    (b) If the arrest is for an offense other than a class A, B,  C  or  D
   21  felony  or  a  violation  of  section  130.25, [130.40,] 205.10, 205.17,
   22  205.19 or 215.56 of the penal  law  committed  in  a  village  having  a
   23  village  court and such court is not available at the time, the arrested
   24  person may be brought before the town court of the town  embracing  such
   25  village or any other village court within such town, or, if such town or
   26  village  court  is not available either, before the local criminal court
   27  of any adjoining town, village embraced in whole  or  in  part  by  such
   28  adjoining town, or city of the same county; and
   29    If the arrest is for an offense other than a class A, B, C or D felony
   30  or  a  violation  of section 130.25, [130.40,] 205.10, 205.17, 205.19 or
   31  215.56 of the penal law, the arrested person need not be brought  before
   32  a local criminal court as provided in subdivision one, and the procedure
   33  may instead be as follows:
   34    (a) the arrest is for an offense other than a class A, B, C or D felo-
   35  ny or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or
   36  215.56 of the penal law, and
   37    S  24.  Paragraph  (a)  of  subdivision 3 and the opening paragraph of
   38  subdivision 4 of section  140.27  of  the  criminal  procedure  law,  as
   39  amended  by  chapter  550  of  the  laws of 1987, are amended to read as
   40  follows:
   41    (a) the arrest is for an offense other than a class A, B, C or D felo-
   42  ny or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or
   43  215.56 of the penal law and
   44    If the arrest is for an offense other than a class A, B, C or D felony
   45  or a violation of section 130.25, [130.40,] 205.10,  205.17,  205.19  or
   46  215.56  of the penal law, the arrested person need not be brought before
   47  a local criminal court as provided in subdivision two, and the procedure
   48  may instead be as follows:
   49    S 25. Paragraph (a) of subdivision 2  and  the  opening  paragraph  of
   50  subdivision  3  of  section  140.40  of  the  criminal procedure law, as
   51  amended by chapter 550 of the laws of  1987,  are  amended  to  read  as
   52  follows:
   53    (a) the arrest is for an offense other than a class A, B, C or D felo-
   54  ny or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or
   55  215.56 of the penal law and
       A. 4959--A                         11
    1    If the arrest is for an offense other than a class A, B, C or D felony
    2  or  a  violation  of section 130.25, [130.40,] 205.10, 205.17, 205.19 or
    3  215.56 of the penal law, the arrested person need not be brought  before
    4  a  local  criminal court, as provided in subdivision one, and the proce-
    5  dure may instead be as follows:
    6    S  26. Section 150.20 of the criminal procedure law, subdivisions 1, 2
    7  and 3 as amended by chapter 550 of the laws of 1987, is amended to  read
    8  as follows:
    9  S 150.20 Appearance ticket; when and by whom issuable.
   10    1.  Whenever a police officer is authorized pursuant to section 140.10
   11  to arrest a person without a warrant for an offense other than  a  class
   12  A,  B, C or D felony or a violation of section 130.25, [130.40,] 205.10,
   13  205.17, 205.19 or 215.56 of the  penal  law,  he  may,  subject  to  the
   14  provisions  of  subdivisions  three  and four of section 150.40, instead
   15  issue to and serve upon such person an appearance ticket.
   16    2. (a)  Whenever a police officer has  arrested  a  person  without  a
   17  warrant  for  an  offense  other  than  a class A, B, C or D felony or a
   18  violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or  215.56
   19  of  the  penal  law pursuant to section 140.10,  or (b) whenever a peace
   20  officer, who is not authorized by law to issue an appearance ticket, has
   21  arrested a person for an offense other than a class A, B, C or D  felony
   22  or  a  violation  of section 130.25, [130.40,] 205.10, 205.17, 205.19 or
   23  215.56 of the penal law pursuant to section 140.25, and has requested  a
   24  police  officer  to issue and serve upon such arrested person an appear-
   25  ance ticket pursuant to subdivision four of section 140.27, or (c) when-
   26  ever a person has been arrested for an offense other than a class A,  B,
   27  C  or  D  felony  or  a  violation  of section 130.25, [130.40,] 205.10,
   28  205.17, 205.19 or 215.56 of the penal law and has been delivered to  the
   29  custody  of  an  appropriate  police officer pursuant to section 140.40,
   30  such police officer may, instead of bringing such person before a  local
   31  criminal  court and promptly filing or causing the arresting peace offi-
   32  cer or arresting person  to  file  a  local  criminal  court  accusatory
   33  instrument  therewith, issue to and serve upon such person an appearance
   34  ticket.  The issuance and service of an  appearance  ticket  under  such
   35  circumstances may be conditioned upon a deposit of pre-arraignment bail,
   36  as provided in section 150.30.
   37    3.  A  public  servant  other  than a police officer, who is specially
   38  authorized by state law or local law enacted pursuant to the  provisions
   39  of  the  municipal  home  rule law to issue and serve appearance tickets
   40  with respect to designated offenses other than class A, B, C or D  felo-
   41  nies  or  violations of section 130.25, [130.40,] 205.10, 205.17, 205.19
   42  or 215.56 of the penal law, may in such cases issue  and  serve  upon  a
   43  person an appearance ticket when he has reasonable cause to believe that
   44  such  person  has committed a crime, or has committed a petty offense in
   45  his presence.
   46    S 27. Subdivision 4 of section 180.75 of the criminal  procedure  law,
   47  as  amended  by  chapter  264 of the laws of 2003, is amended to read as
   48  follows:
   49    4. Notwithstanding the provisions of subdivisions  two  and  three  of
   50  this  section,  a  local  criminal  court  shall,  at the request of the
   51  district attorney, order removal of an action against a juvenile  offen-
   52  der  to  the  family  court  pursuant to the provisions of article seven
   53  hundred twenty-five of this chapter if, upon consideration of the crite-
   54  ria specified in subdivision two of section 210.43 of this  chapter,  it
   55  is  determined  that  to  do  so  would  be in the interests of justice.
   56  Where, however, the felony complaint charges the juvenile offender  with
       A. 4959--A                         12
    1  murder  in  the  second degree as defined in section 125.25 of the penal
    2  law, rape in the first degree as defined in PARAGRAPH (A) OF subdivision
    3  one, PARAGRAPH (A) OF SUBDIVISION TWO OR PARAGRAPH  (A)  OF  SUBDIVISION
    4  THREE  of  section  130.35 of the penal law, [criminal sexual act in the
    5  first degree as defined in subdivision one  of  section  130.50  of  the
    6  penal  law,]  or an armed felony as defined in paragraph (a) of subdivi-
    7  sion forty-one of section 1.20 of this  chapter,  a  determination  that
    8  such  action be removed to the family court shall, in addition, be based
    9  upon a finding of one or more of the following factors:  (i)  mitigating
   10  circumstances  that bear directly upon the manner in which the crime was
   11  committed; or (ii) where the defendant was not the sole  participant  in
   12  the  crime,  the defendant's participation was relatively minor although
   13  not so minor as to constitute a defense to  the  prosecution;  or  (iii)
   14  possible deficiencies in proof of the crime.
   15    S 28. Subdivision (a) of section 190.71 of the criminal procedure law,
   16  as  amended  by  chapter  7  of  the laws of 2007, is amended to read as
   17  follows:
   18    (a) Except as provided in subdivision six of section  200.20  of  this
   19  chapter,  a grand jury may not indict (i) a person thirteen years of age
   20  for any conduct or crime other than conduct constituting a crime defined
   21  in subdivisions one and two of section  125.25  (murder  in  the  second
   22  degree) or such conduct as a sexually motivated felony, where authorized
   23  pursuant  to  section 130.91 of the penal law; (ii) a person fourteen or
   24  fifteen years of age for any conduct or crime other than conduct consti-
   25  tuting a crime defined in subdivisions one and  two  of  section  125.25
   26  (murder  in  the second degree) and in subdivision three of such section
   27  provided that the underlying crime for the  murder  charge  is  one  for
   28  which  such  person is criminally responsible; 135.25 (kidnapping in the
   29  first degree); 150.20 (arson in the first degree); subdivisions one  and
   30  two of section 120.10 (assault in the first degree); 125.20 (manslaught-
   31  er  in  the first degree); [subdivisions one and] PARAGRAPHS (A) AND (B)
   32  OF SUBDIVISION ONE, PARAGRAPHS (A) AND (B) OF SUBDIVISION two AND  PARA-
   33  GRAPHS  (A)  AND (B) OF SUBDIVISION THREE of section 130.35 (rape in the
   34  first degree); [subdivisions one and two  of  section  130.50  (criminal
   35  sexual act in the first degree);] 130.70 (aggravated sexual abuse in the
   36  first degree); 140.30 (burglary in the first degree); subdivision one of
   37  section  140.25  (burglary  in  the second degree); 150.15 (arson in the
   38  second degree); 160.15 (robbery in the first degree); subdivision two of
   39  section 160.10 (robbery in the second degree) of the penal law;  [subdi-
   40  vision  four  of  section 265.02 of the penal law, where such firearm is
   41  possessed on school grounds, as that phrase is  defined  in  subdivision
   42  fourteen  of  section 220.00 of the penal law;] or section 265.03 of the
   43  penal law, where such machine gun or such firearm is possessed on school
   44  grounds, as that phrase is defined in subdivision  fourteen  of  section
   45  220.00  of  the  penal law; or defined in the penal law as an attempt to
   46  commit murder in the second degree or kidnapping in the first degree, or
   47  such conduct as a sexually motivated felony, where  authorized  pursuant
   48  to section 130.91 of the penal law.
   49    S 29. Paragraph (b) of subdivision 1 of section 210.43 of the criminal
   50  procedure law, as amended by chapter 264 of the laws of 2003, is amended
   51  to read as follows:
   52    (b)  with  the  consent  of the district attorney, order removal of an
   53  action involving an indictment charging a juvenile offender with  murder
   54  in the second degree as defined in section 125.25 of the penal law; rape
   55  in  the  first  degree,  as defined in PARAGRAPH (A) OF subdivision one,
   56  PARAGRAPH (A) OF SUBDIVISION TWO AND PARAGRAPH (A) OF SUBDIVISION  THREE
       A. 4959--A                         13
    1  of  section  130.35  of the penal law; [criminal sexual act in the first
    2  degree, as defined in subdivision one of section  130.50  of  the  penal
    3  law;]  or  an  armed  felony  as defined in paragraph (a) of subdivision
    4  forty-one  of  section  1.20,  to  the  family  court  pursuant  to  the
    5  provisions of article seven hundred twenty-five of this chapter  if  the
    6  court finds one or more of the following factors: (i) mitigating circum-
    7  stances  that  bear  directly  upon  the  manner  in which the crime was
    8  committed; (ii) where the defendant was not the sole participant in  the
    9  crime,  the  defendant's participation was relatively minor although not
   10  so minor as to constitute a defense to the prosecution; or (iii)  possi-
   11  ble  deficiencies in the proof of the crime, and, after consideration of
   12  the factors set forth in subdivision two  of  this  section,  the  court
   13  determined  that  removal  of the action to the family court would be in
   14  the interests of justice.
   15    S 30. Subparagraph (iii) of paragraph (g) of subdivision 5 of  section
   16  220.10  of  the criminal procedure law, as amended by chapter 264 of the
   17  laws of 2003, is amended to read as follows:
   18    (iii) Where the indictment  does  not  charge  a  crime  specified  in
   19  subparagraph  (i) of this paragraph, the district attorney may recommend
   20  removal of the action to the family court. Upon making such  recommenda-
   21  tion  the district attorney shall submit a subscribed memorandum setting
   22  forth: (1) a recommendation that the interests of justice would best  be
   23  served  by  removal  of  the  action to the family court; and (2) if the
   24  indictment charges a thirteen year old with the crime of murder  in  the
   25  second degree, or a fourteen or fifteen year old with the crimes of rape
   26  in  the  first  degree  as  defined in PARAGRAPH (A) OF subdivision one,
   27  PARAGRAPH (A) OF SUBDIVISION TWO AND PARAGRAPH (A) OF SUBDIVISION  THREE
   28  of section 130.35 of the penal law, [or criminal sexual act in the first
   29  degree  as  defined  in  subdivision  one of section 130.50 of the penal
   30  law,] or an armed felony as defined  in  paragraph  (a)  of  subdivision
   31  forty-one  of section 1.20 of this chapter specific factors, one or more
   32  of which reasonably supports the recommendation, showing, (i) mitigating
   33  circumstances that bear directly upon the manner in which the crime  was
   34  committed,  or  (ii) where the defendant was not the sole participant in
   35  the crime, that  the  defendant's  participation  was  relatively  minor
   36  although  not so minor as to constitute a defense to the prosecution, or
   37  (iii) possible deficiencies in proof of the crime,  or  (iv)  where  the
   38  juvenile  offender  has  no previous adjudications of having committed a
   39  designated felony act, as defined in subdivision eight of section  301.2
   40  of  the  family  court act, regardless of the age of the offender at the
   41  time of commission of the act, that the criminal act was not part  of  a
   42  pattern  of  criminal behavior and, in view of the history of the offen-
   43  der, is not likely to be repeated.
   44    S 31. Subdivision 6 of section 300.50 of the criminal  procedure  law,
   45  as  amended  by  chapter  264 of the laws of 2003, is amended to read as
   46  follows:
   47    6. For purposes of this section, the offenses of  rape  in  the  third
   48  degree  as  defined in [subdivision three] SUBDIVISIONS SEVEN, EIGHT AND
   49  NINE of section 130.25 of the penal law [and criminal sexual act in  the
   50  third  degree  as  defined in subdivision three of section 130.40 of the
   51  penal law], are not lesser  included  offenses  of  rape  in  the  first
   52  degree[,  criminal sexual act in the first degree] or any other offense.
   53  Notwithstanding the foregoing, either such offense may be submitted as a
   54  lesser included offense of the applicable first degree offense when  (i)
   55  there is a reasonable view of the evidence which would support a finding
       A. 4959--A                         14
    1  that  the defendant committed such lesser offense but did not commit the
    2  greater offense, and (ii) both parties consent to its submission.
    3    S  32.  Subdivision 6 of section 380.50 of the criminal procedure law,
    4  as amended by chapter 320 of the laws of 2006, is  amended  to  read  as
    5  follows:
    6    6.  Regardless of whether the victim requests to make a statement with
    7  regard to the defendant's sentence, where the defendant is sentenced for
    8  a violent felony offense as defined in section 70.02 of the penal law or
    9  a felony defined in article one hundred twenty-five of such law  or  any
   10  of  the  following  provisions  of  such  law  sections  130.25, 130.30,
   11  [130.40, 130.45,] 255.25, 255.26, 255.27,  article  two  hundred  sixty-
   12  three, 135.10, 135.25, 230.05, 230.06, subdivision two of section 230.30
   13  or  230.32, the prosecutor shall, within sixty days of the imposition of
   14  sentence, provide the victim with a form on which the victim  may  indi-
   15  cate  a demand to be informed of any petition to change the name of such
   16  defendant.   Such forms shall be maintained  by  such  prosecutor.  Upon
   17  receipt of a notice of a petition to change the name of any such defend-
   18  ant,  pursuant  to  subdivision  two  of  section sixty-two of the civil
   19  rights law, the prosecutor shall promptly notify the victim at the  most
   20  current  address or telephone number provided by such victim in the most
   21  reasonable and expedient possible manner of  the  time  and  place  such
   22  petition will be presented to the court.
   23    S 33. Paragraph (b) of subdivision 8 of section 700.05 of the criminal
   24  procedure law, as amended by chapter 405 of the laws of 2010, is amended
   25  to read as follows:
   26    (b)  Any  of  the  following felonies: assault in the second degree as
   27  defined in section 120.05 of the penal law, assault in the first  degree
   28  as  defined in section 120.10 of the penal law, reckless endangerment in
   29  the first degree as defined in section 120.25 of the penal law,  promot-
   30  ing  a  suicide  attempt  as defined in section 120.30 of the penal law,
   31  strangulation in the second degree as defined in section 121.12  of  the
   32  penal  law,  strangulation  in  the  first  degree as defined in section
   33  121.13 of the penal law, criminally negligent  homicide  as  defined  in
   34  section  125.10  of  the penal law, manslaughter in the second degree as
   35  defined in section 125.15 of the penal law, manslaughter  in  the  first
   36  degree  as  defined  in  section  125.20 of the penal law, murder in the
   37  second degree as defined in section 125.25 of the penal law,  murder  in
   38  the first degree as defined in section 125.27 of the penal law, abortion
   39  in  the  second  degree  as  defined in section 125.40 of the penal law,
   40  abortion in the first degree as defined in section 125.45 of  the  penal
   41  law,  rape in the third degree as defined in section 130.25 of the penal
   42  law, rape in the second degree as defined in section 130.30 of the penal
   43  law, rape in the first degree as defined in section 130.35 of the  penal
   44  law,  [criminal  sexual  act  in  the third degree as defined in section
   45  130.40 of the penal law, criminal sexual act in  the  second  degree  as
   46  defined  in  section 130.45 of the penal law, criminal sexual act in the
   47  first degree as defined in section 130.50  of  the  penal  law,]  sexual
   48  abuse in the first degree as defined in section 130.65 of the penal law,
   49  unlawful  imprisonment  in the first degree as defined in section 135.10
   50  of the penal law, kidnapping in the second degree as defined in  section
   51  135.20  of  the  penal law, kidnapping in the first degree as defined in
   52  section 135.25 of the penal law, labor trafficking as defined in section
   53  135.35 of the penal law, custodial interference in the first  degree  as
   54  defined in section 135.50 of the penal law, coercion in the first degree
   55  as  defined in section 135.65 of the penal law, criminal trespass in the
   56  first degree as defined in section 140.17 of the penal law, burglary  in
       A. 4959--A                         15
    1  the third degree as defined in section 140.20 of the penal law, burglary
    2  in  the  second  degree  as  defined in section 140.25 of the penal law,
    3  burglary in the first degree as defined in section 140.30 of  the  penal
    4  law,  criminal mischief in the third degree as defined in section 145.05
    5  of the penal law, criminal mischief in the second degree as  defined  in
    6  section  145.10  of the penal law, criminal mischief in the first degree
    7  as defined in section 145.12 of the penal law, criminal tampering in the
    8  first degree as defined in section 145.20 of the penal law, arson in the
    9  fourth degree as defined in section 150.05 of the penal  law,  arson  in
   10  the third degree as defined in section 150.10 of the penal law, arson in
   11  the  second  degree as defined in section 150.15 of the penal law, arson
   12  in the first degree as defined in section 150.20 of the penal law, grand
   13  larceny in the fourth degree as defined in section 155.30 of  the  penal
   14  law,  grand  larceny in the third degree as defined in section 155.35 of
   15  the penal law, grand larceny in the second degree as defined in  section
   16  155.40 of the penal law, grand larceny in the first degree as defined in
   17  section  155.42 of the penal law, health care fraud in the fourth degree
   18  as defined in section 177.10 of the penal law, health care fraud in  the
   19  third  degree as defined in section 177.15 of the penal law, health care
   20  fraud in the second degree as defined in section  177.20  of  the  penal
   21  law,  health care fraud in the first degree as defined in section 177.25
   22  of the penal law, robbery in the third  degree  as  defined  in  section
   23  160.05  of  the  penal  law,  robbery in the second degree as defined in
   24  section 160.10 of the penal law, robbery in the first degree as  defined
   25  in  section  160.15  of the penal law, unlawful use of secret scientific
   26  material as defined  in  section  165.07  of  the  penal  law,  criminal
   27  possession of stolen property in the fourth degree as defined in section
   28  165.45  of  the penal law, criminal possession of stolen property in the
   29  third degree as defined in section 165.50 of  the  penal  law,  criminal
   30  possession of stolen property in the second degree as defined by section
   31  165.52  of  the penal law, criminal possession of stolen property in the
   32  first degree as defined by section 165.54 of the  penal  law,  trademark
   33  counterfeiting  in the second degree as defined in section 165.72 of the
   34  penal law, trademark counterfeiting in the first degree  as  defined  in
   35  section 165.73 of the penal law, forgery in the second degree as defined
   36  in  section  170.10  of  the  penal  law, forgery in the first degree as
   37  defined in section 170.15 of the penal law,  criminal  possession  of  a
   38  forged  instrument  in the second degree as defined in section 170.25 of
   39  the penal law, criminal possession of a forged instrument in  the  first
   40  degree  as  defined  in  section  170.30  of  the  penal  law,  criminal
   41  possession of forgery devices as defined in section 170.40 of the  penal
   42  law,  falsifying  business  records  in  the  first degree as defined in
   43  section 175.10 of the penal law, tampering with public  records  in  the
   44  first  degree  as defined in section 175.25 of the penal law, offering a
   45  false instrument for filing in the first degree as  defined  in  section
   46  175.35  of  the  penal  law,  issuing  a false certificate as defined in
   47  section 175.40 of the penal  law,  criminal  diversion  of  prescription
   48  medications and prescriptions in the second degree as defined in section
   49  178.20  of the penal law, criminal diversion of prescription medications
   50  and prescriptions in the first degree as defined in  section  178.25  of
   51  the  penal  law,  residential  mortgage  fraud  in  the fourth degree as
   52  defined in section 187.10 of the penal law, residential  mortgage  fraud
   53  in the third degree as defined in section 187.15 of the penal law, resi-
   54  dential mortgage fraud in the second degree as defined in section 187.20
   55  of  the  penal  law,  residential  mortgage fraud in the first degree as
   56  defined in section 187.25 of the penal law, escape in the second  degree
       A. 4959--A                         16
    1  as  defined  in  section  205.10  of  the penal law, escape in the first
    2  degree as defined in section 205.15 of the penal  law,  absconding  from
    3  temporary  release  in  the first degree as defined in section 205.17 of
    4  the  penal  law,  promoting  prison  contraband  in  the first degree as
    5  defined in section 205.25 of the penal law, hindering prosecution in the
    6  second degree as defined in section 205.60 of the penal  law,  hindering
    7  prosecution  in  the  first  degree  as defined in section 205.65 of the
    8  penal law, sex trafficking as defined in section  230.34  of  the  penal
    9  law,  criminal  possession of a weapon in the third degree as defined in
   10  subdivisions two, three and five of section 265.02  of  the  penal  law,
   11  criminal  possession  of  a  weapon  in  the second degree as defined in
   12  section 265.03 of the penal law, criminal possession of a weapon in  the
   13  first degree as defined in section 265.04 of the penal law, manufacture,
   14  transport,  disposition  and defacement of weapons and dangerous instru-
   15  ments and appliances defined as felonies in subdivisions one,  two,  and
   16  three  of  section  265.10 of the penal law, sections 265.11, 265.12 and
   17  265.13 of the penal law, or prohibited use  of  weapons  as  defined  in
   18  subdivision two of section 265.35 of the penal law, relating to firearms
   19  and  other  dangerous  weapons,  or  failure to disclose the origin of a
   20  recording in the first degree as defined in section 275.40 of the  penal
   21  law;
   22    S 34. Paragraph (a) of subdivision 2 of section 720.10 of the criminal
   23  procedure law, as amended by chapter 316 of the laws of 2006, is amended
   24  to read as follows:
   25    (a)  the  conviction  to be replaced by a youthful offender finding is
   26  for (i) a class A-I or class A-II felony, or (ii)  an  armed  felony  as
   27  defined  in subdivision forty-one of section 1.20, except as provided in
   28  subdivision three, or (iii) rape in the first degree[,  criminal  sexual
   29  act in the first degree,] or aggravated sexual abuse, except as provided
   30  in subdivision three, or
   31    S  35. Paragraph (a) of subdivision 2 and paragraph (a) of subdivision
   32  3 of section 168-a of the correction law, paragraph (a) of subdivision 2
   33  as amended by chapter 405 of the laws  of  2008  and  paragraph  (a)  of
   34  subdivision 3 as amended by chapter 107 of the laws of 2006, are amended
   35  to read as follows:
   36    (a)  (i)  a conviction of or a conviction for an attempt to commit any
   37  of the provisions of sections 120.70, 130.20, 130.25,  130.30,  [130.40,
   38  130.45,]  130.60,  230.34,  250.50, 255.25, 255.26 and 255.27 or article
   39  two hundred sixty-three of the penal law,  or  section  135.05,  135.10,
   40  135.20  or  135.25 of such law relating to kidnapping offenses, provided
   41  the victim of such kidnapping or related offense is less than  seventeen
   42  years  old  and the offender is not the parent of the victim, or section
   43  230.04, where the person patronized is in fact less than seventeen years
   44  of age, 230.05 or 230.06, or  subdivision  two  of  section  230.30,  or
   45  section  230.32 or 230.33 of the penal law, or (ii) a conviction of or a
   46  conviction for an attempt to commit any of  the  provisions  of  section
   47  235.22 of the penal law, or (iii) a conviction of or a conviction for an
   48  attempt  to commit any provisions of the foregoing sections committed or
   49  attempted as a hate crime defined in section 485.05 of the penal law  or
   50  as  a  crime  of terrorism defined in section 490.25 of such law or as a
   51  sexually motivated felony defined in section 130.91 of such law; or
   52    (a) (i) a conviction of or a conviction for an attempt to  commit  any
   53  of  the provisions of sections 130.35, [130.50,] 130.65, 130.66, 130.67,
   54  130.70, 130.75, 130.80, 130.95 and 130.96 of the penal law,  or  (ii)  a
   55  conviction  of  or  a  conviction  for  an  attempt to commit any of the
   56  provisions of sections 130.53, 130.65-a and 130.90 of the penal law,  or
       A. 4959--A                         17
    1  (iii)  a  conviction  of  or  a  conviction for an attempt to commit any
    2  provisions of the foregoing sections committed or attempted  as  a  hate
    3  crime  defined  in  section  485.05  of  the  penal law or as a crime of
    4  terrorism defined in section 490.25 of such law; or
    5    S  36.  Subparagraph (ii) of paragraph (a), subparagraphs (i) and (ii)
    6  of paragraph (b) and paragraph (e) of subdivision 8 of section 384-b  of
    7  the social services law, subparagraph (ii) of paragraph (a) and subpara-
    8  graph  (i)  of  paragraph  (b)  as amended by chapter 430 of the laws of
    9  2013, subparagraph (ii) of paragraph (b) as amended and paragraph (e) as
   10  added by chapter 7 of the laws of 1999, are amended to read as follows:
   11    (ii) the child has been found to be an abused  child,  as  defined  in
   12  paragraph  (iii) of subdivision (e) of section ten hundred twelve of the
   13  family court act, as a result of such parent's acts; provided,  however,
   14  the  respondent must have committed or knowingly allowed to be committed
   15  a felony sex offense as defined  in  sections  130.25,  130.30,  130.35,
   16  [130.40, 130.45, 130.50,] 130.65, 130.67, 130.70, 130.75, 130.80, 130.95
   17  and  130.96  of  the penal law and, for the purposes of this section the
   18  corroboration requirements contained in the penal law shall not apply to
   19  proceedings under this section; or
   20    (i) the child has been found to be an abused child, (A) as defined  in
   21  paragraph  (i)  of  subdivision (e) of section ten hundred twelve of the
   22  family court act, as a result of such parent's acts; or (B)  as  defined
   23  in  paragraph  (iii) of subdivision (e) of section ten hundred twelve of
   24  the family court act, as a  result  of  such  parent's  acts;  provided,
   25  however,  the  respondent must have committed or knowingly allowed to be
   26  committed a felony sex offense as defined in  sections  130.25,  130.30,
   27  130.35,  [130.40,  130.45,  130.50,]  130.65,  130.67,  130.70,  130.75,
   28  130.80, 130.95 and 130.96 of the penal law; and
   29    (ii) (A) the child or another child for whose care such parent  is  or
   30  has  been legally responsible has been previously found, within the five
   31  years immediately preceding the initiation of the  proceeding  in  which
   32  such  abuse is found, to be an abused child, as defined in paragraph (i)
   33  or (iii) of subdivision (e) of section ten hundred twelve of the  family
   34  court  act, as a result of such parent's acts; provided, however, in the
   35  case of a finding of abuse as defined in paragraph (iii) of  subdivision
   36  (e) of section ten hundred twelve of the family court act the respondent
   37  must  have  committed  or knowingly allowed to be committed a felony sex
   38  offense as defined in sections 130.25, 130.30, 130.35, [130.40,  130.45,
   39  130.50,]  130.65, 130.67, 130.70, 130.75 and 130.80 of the penal law, or
   40  (B) the parent has been convicted  of  a  crime  under  section  130.25,
   41  130.30, 130.35, [130.40, 130.45, 130.50,] 130.65, 130.67, 130.70, 130.75
   42  or  130.80 of the penal law against the child, a sibling of the child or
   43  another child for whose care such parent is or has been legally  respon-
   44  sible,  within the five year period immediately preceding the initiation
   45  of the proceeding in which abuse is found; and
   46    (e) A determination by the court in accordance with article ten of the
   47  family court act based upon clear and convincing evidence that  a  child
   48  was abused (A) as defined in paragraph (i) of subdivision (e) of section
   49  ten hundred twelve of the family court act, as a result of such parent's
   50  acts; or (B) as defined in paragraph (iii) of subdivision (e) of section
   51  ten hundred twelve of the family court act, as a result of such parent's
   52  acts; provided, however, the respondent must have committed or knowingly
   53  allowed  to  be  committed  a  felony sex offense as defined in sections
   54  130.25,  130.30,  130.35,  [130.40,  130.45,  130.50,]  130.65,  130.67,
   55  130.70,  130.75  and  130.80  of  the penal law shall establish that the
   56  child was an abused child for the purpose of a determination as required
       A. 4959--A                         18
    1  by subparagraph (i) or (ii) of paragraph (b) of this subdivision. Such a
    2  determination by the court in accordance with article ten of the  family
    3  court  act based upon a fair preponderance of evidence shall be admissi-
    4  ble in any proceeding commenced in accordance with this section.
    5    S 37. Paragraphs (a) and (b) of subdivision 4 of section 509-cc of the
    6  vehicle  and traffic law, as amended by chapter 400 of the laws of 2011,
    7  are amended to read as follows:
    8    (a) The offenses referred to in subparagraph (ii) of paragraph (a)  of
    9  subdivision  one  and  paragraph  (a) of subdivision two of this section
   10  that result in permanent disqualification  shall  include  a  conviction
   11  under  sections  125.12, 125.13, 125.14, 125.15, 125.20, 125.21, 125.22,
   12  125.25,  125.26,  125.27,  130.30,  130.35,  [130.45,  130.50,]  130.65,
   13  130.66,  130.67, 130.70, 130.75, 130.80, 130.90, 130.95, 130.96, 135.25,
   14  150.20, 230.30, 230.32, 230.34, 235.22, 263.05, 263.10, 263.11,  263.15,
   15  263.16  of  the  penal  law or an attempt to commit any of the aforesaid
   16  offenses under section 110.00 of the penal law, or any offenses  commit-
   17  ted  under  a  former  section  of  the penal law which would constitute
   18  violations of the aforesaid sections of the penal law, or  any  offenses
   19  committed  outside  this  state which would constitute violations of the
   20  aforesaid sections of the penal law.
   21    (b) The offenses referred to in subparagraph (ii) of paragraph (a)  of
   22  subdivision  one  and  paragraph  (b) of subdivision two of this section
   23  that result in permanent disqualification  shall  include  a  conviction
   24  under  sections  100.13, 105.15, 105.17, 115.08, 120.12, 120.70, 125.10,
   25  125.11, [130.40,] 130.53,  130.60,  130.65-a,  135.20,  160.15,  220.18,
   26  220.21,  220.39,  220.41,  220.43, 220.44, 230.25, 260.00, 265.04 of the
   27  penal law or an attempt to commit any of the  aforesaid  offenses  under
   28  section  110.00  of  the  penal  law,  or any offenses committed under a
   29  former section of the penal law which would constitute violations of the
   30  aforesaid sections of the penal law, or any offenses  committed  outside
   31  this  state  which would constitute violations of the aforesaid sections
   32  of the penal law.
   33    S 38. Subdivision (b) of section 117  of  the  family  court  act,  as
   34  amended by chapter 7 of the laws of 2007, is amended to read as follows:
   35    (b)  For  every  juvenile  delinquency  proceeding under article three
   36  involving an allegation of an act committed by a person which,  if  done
   37  by  an adult, would be a crime (i) defined in sections 125.27 (murder in
   38  the first degree); 125.25 (murder in the second degree); 135.25 (kidnap-
   39  ping in the first degree); or 150.20 (arson in the first degree) of  the
   40  penal  law  committed by a person thirteen, fourteen or fifteen years of
   41  age; or such conduct committed as a  sexually  motivated  felony,  where
   42  authorized  pursuant to section 130.91 of the penal law; (ii) defined in
   43  sections 120.10 (assault in the first degree); 125.20  (manslaughter  in
   44  the  first degree); 130.35 (rape in the first degree); [130.50 (criminal
   45  sexual act in the first  degree);]  135.20  (kidnapping  in  the  second
   46  degree),  but only where the abduction involved the use or threat of use
   47  of deadly physical force; 150.15 (arson in the second degree); or 160.15
   48  (robbery in the first degree) of the penal law  committed  by  a  person
   49  thirteen, fourteen or fifteen years of age; or such conduct committed as
   50  a sexually motivated felony, where authorized pursuant to section 130.91
   51  of the penal law; (iii) defined in the penal law as an attempt to commit
   52  murder  in  the first or second degree or kidnapping in the first degree
   53  committed by a person thirteen, fourteen or fifteen  years  of  age;  or
   54  such  conduct committed as a sexually motivated felony, where authorized
   55  pursuant to section 130.91 of the penal law;  (iv)  defined  in  section
   56  140.30 (burglary in the first degree); subdivision one of section 140.25
       A. 4959--A                         19
    1  (burglary  in  the  second  degree);  subdivision  two of section 160.10
    2  (robbery in the second degree) of the penal law; or  section  265.03  of
    3  the  penal  law,  where such machine gun or such firearm is possessed on
    4  school  grounds,  as  that  phrase is defined in subdivision fourteen of
    5  section 220.00 of the penal  law  committed  by  a  person  fourteen  or
    6  fifteen  years of age; or such conduct committed as a sexually motivated
    7  felony, where authorized pursuant to section 130.91 of  the  penal  law;
    8  (v)  defined  in section 120.05 (assault in the second degree) or 160.10
    9  (robbery in the second degree) of the penal law committed  by  a  person
   10  fourteen  or  fifteen years of age but only where there has been a prior
   11  finding by a court that such person  has  previously  committed  an  act
   12  which,  if  committed  by an adult, would be the crime of assault in the
   13  second degree, robbery in the second degree or any designated felony act
   14  specified in clause (i), (ii) or (iii) of this subdivision regardless of
   15  the age of such person at the time of the commission of the  prior  act;
   16  or  (vi)  other than a misdemeanor, committed by a person at least seven
   17  but less than sixteen years of age, but only where there  has  been  two
   18  prior  findings  by the court that such person has committed a prior act
   19  which, if committed by an adult would be a felony:
   20    (i) There is hereby established in the family court in the city of New
   21  York at least one "designated felony act part." Such part or parts shall
   22  be held separate from all other proceedings of the court, and shall have
   23  jurisdiction over all proceedings involving such an allegation. All such
   24  proceedings shall be originated in or be transferred to this  part  from
   25  other parts as they are made known to the court.
   26    (ii)  Outside  the city of New York, all proceedings involving such an
   27  allegation shall have a hearing preference over every  other  proceeding
   28  in the court, except proceedings under article ten.
   29    S  39.  Paragraph (ii) of subdivision 8 of section 301.2 of the family
   30  court act, as amended by chapter 7 of the laws of 2007,  is  amended  to
   31  read as follows:
   32    (ii)  defined in sections 120.10 (assault in the first degree); 125.20
   33  (manslaughter in the first degree); 130.35 (rape in the  first  degree);
   34  [130.50  (criminal  sexual act in the first degree);] 130.70 (aggravated
   35  sexual abuse in the first degree);  135.20  (kidnapping  in  the  second
   36  degree)  but  only where the abduction involved the use or threat of use
   37  of deadly physical force; 150.15 (arson in the second degree) or  160.15
   38  (robbery  in  the  first  degree) of the penal law committed by a person
   39  thirteen, fourteen or fifteen years of age; or such conduct committed as
   40  a sexually motivated felony, where authorized pursuant to section 130.91
   41  of the penal law;
   42    S 40. Subdivision 4 of section 308.1  of  the  family  court  act,  as
   43  amended  by  chapter  264  of  the  laws  of 2003, is amended to read as
   44  follows:
   45    4. The probation service shall not adjust a case in  which  the  child
   46  has  allegedly committed a delinquent act which would be a crime defined
   47  in section 120.25, (reckless endangerment in the first degree),  [subdi-
   48  vision  one  of  section  125.15,  (manslaughter  in the second degree),
   49  subdivision] SUBDIVISIONS one, TWO AND THREE of section 130.25, (rape in
   50  the third degree), [subdivision one of section 130.40, (criminal  sexual
   51  act  in  the  third  degree),] subdivision one or two of section 130.65,
   52  (sexual abuse in the first degree), section  135.65,  (coercion  in  the
   53  first  degree),  section 140.20, (burglary in the third degree), section
   54  150.10, (arson in the third degree), section  160.05,  (robbery  in  the
   55  third degree), subdivision two, three or four of section 265.02, (crimi-
   56  nal possession of a weapon in the third degree), section 265.03, (crimi-
       A. 4959--A                         20
    1  nal  possession  of  a  weapon in the second degree), or section 265.04,
    2  (criminal possession of a dangerous weapon in the first degree)  of  the
    3  penal  law where the child has previously had one or more adjustments of
    4  a  case  in which such child allegedly committed an act which would be a
    5  crime specified in this  subdivision  unless  it  has  received  written
    6  approval from the court and the appropriate presentment agency.
    7    S  41.  Subdivision  (c)  of  section 1052 of the family court act, as
    8  added by chapter 739 of the laws of 1981, is amended to read as follows:
    9    (c) Prior to granting an order of disposition pursuant to  subdivision
   10  (a) of this section following an adjudication of child abuse, as defined
   11  in  paragraph  (i)  of  subdivision (e) of section ten hundred twelve of
   12  this act or a finding of a felony sex offense  as  defined  in  sections
   13  130.25,  130.30,  130.35, [130.40, 130.45, 130.50,] 130.65 and 130.70 of
   14  the penal law, the court shall advise the respondent that any subsequent
   15  adjudication of child abuse, as defined in paragraph (i) of  subdivision
   16  (e) of section one thousand twelve of this act or any subsequent finding
   17  of  a  felony  sex offense as defined in those sections of the penal law
   18  herein enumerated, arising out of acts of the respondent may  result  in
   19  the  commitment  of the guardianship and custody of the child or another
   20  child pursuant to section three  hundred  eighty-four-b  of  the  social
   21  services law. The order in such cases shall contain a statement that any
   22  subsequent  adjudication  of  child  abuse  or  finding  of a felony sex
   23  offense as described herein may result in the commitment of the  guardi-
   24  anship  and  custody  of the child, or another child pursuant to section
   25  three hundred eighty-four-b of the social services law.
   26    S 42. Subdivision 2 of section 61 of the civil rights law, as  amended
   27  by  section 54 of subpart B of part C of chapter 62 of the laws of 2011,
   28  is amended to read as follows:
   29    2. If the petitioner stands convicted of a violent felony  offense  as
   30  defined in section 70.02 of the penal law or a felony defined in article
   31  one  hundred  twenty-five of such law or any of the following provisions
   32  of such law sections 130.25, 130.30, [130.40, 130.45,]  255.25,  255.26,
   33  255.27, article two hundred sixty-three, 135.10, 135.25, 230.05, 230.06,
   34  subdivision  two  of section 230.30 or 230.32, and is currently confined
   35  as an inmate in any correctional facility or currently under the  super-
   36  vision  of  the department of corrections and community supervision or a
   37  county probation department as a result of such conviction, the petition
   38  shall for each such conviction specify such felony conviction, the  date
   39  of  such  conviction  or  convictions,  and  the  court  in  which  such
   40  conviction or convictions were entered.
   41    S 43. Subdivision 2 of section 62 of the civil rights law, as  amended
   42  by  section 55 of subpart B of part C of chapter 62 of the laws of 2011,
   43  is amended to read as follows:
   44    2. If the petition be  to  change  the  name  of  a  person  currently
   45  confined  as  an  inmate in any correctional facility or currently under
   46  the supervision of the department of corrections  and  community  super-
   47  vision  or a county probation department as a result of a conviction for
   48  a violent felony offense as defined in section 70.02 of the penal law or
   49  a felony defined in article one hundred twenty-five of such law  or  any
   50  of  the  following  provisions  of  such  law  sections  130.25, 130.30,
   51  [130.40, 130.45,] 255.25, 255.26, 255.27,  article  two  hundred  sixty-
   52  three, 135.10, 135.25, 230.05, 230.06, subdivision two of section 230.30
   53  or 230.32, notice of the time and place when and where the petition will
   54  be  presented  shall  be  served, in like manner as a notice of a motion
   55  upon an attorney in an action, upon the district attorney of every coun-
   56  ty in which such person has been convicted of such felony and  upon  the
       A. 4959--A                         21
    1  court  or  courts  in  which  the  sentence for such felony was entered.
    2  Unless a shorter period of time is ordered by  the  court,  said  notice
    3  shall be served upon each such district attorney and court or courts not
    4  less than sixty days prior to the date on which such petition is noticed
    5  to be heard.
    6    S  44. The closing paragraph of section 64 of the civil rights law, as
    7  separately amended by chapters 258, 320 and 481 of the laws of 2006,  is
    8  amended to read as follows:
    9    Upon  compliance with the order and the filing of the affidavit of the
   10  publication, as provided in this section, the  clerk  of  the  court  in
   11  which  the  order has been entered shall certify that the order has been
   12  complied with; and, if the petition states that  the  petitioner  stands
   13  convicted of a violent felony offense as defined in section 70.02 of the
   14  penal law or a felony defined in article one hundred twenty-five of such
   15  law  or  any  of  the  following provisions of such law sections 130.25,
   16  130.30, [130.40, 130.45,] 255.25, 255.26, 255.27,  article  two  hundred
   17  sixty-three,  135.10, 135.25, 230.05, 230.06, subdivision two of section
   18  230.30 or 230.32, such clerk (1) shall deliver, by first class  mail,  a
   19  copy  of  such  certified  order  to  the  division  of criminal justice
   20  services at its office in the county of Albany and (2) upon the clerk of
   21  the court reviewing the petitioner's application  for  name  change  and
   22  subsequent in-court inquiry, may, in the clerk's discretion, deliver, by
   23  first class mail, the petitioner's new name with such certified order to
   24  the court of competent jurisdiction which imposed the orders of support.
   25  Such  certification shall appear on the original order and on any certi-
   26  fied copy thereof and shall be entered in the  clerk's  minutes  of  the
   27  proceeding.
   28    S  45.  Section 213-c of the civil practice law and rules, as added by
   29  chapter 3 of the laws of 2006, is amended to read as follows:
   30    S 213-c. Action by  victim  of  conduct  constituting  certain  sexual
   31  offenses.  Notwithstanding  any other limitation set forth in this arti-
   32  cle, a civil claim or cause of action to recover  from  a  defendant  as
   33  hereinafter  defined,  for  physical,  psychological  or other injury or
   34  condition suffered by a person as a result of acts by such defendant  of
   35  rape  in the first degree as defined in section 130.35 of the penal law,
   36  [or criminal sexual act in the first degree as defined in section 130.50
   37  of the penal law,] or aggravated sexual abuse in  the  first  degree  as
   38  defined  in section 130.70 of the penal law, or course of sexual conduct
   39  against a child in the first degree as defined in section 130.75 of  the
   40  penal law may be brought within five years. As used in this section, the
   41  term "defendant" shall mean only a person who commits the acts described
   42  in  this section or who, in a criminal proceeding, could be charged with
   43  criminal liability for the commission of such acts pursuant  to  section
   44  20.00 of the penal law and shall not apply to any related civil claim or
   45  cause of action arising from such acts. Nothing in this section shall be
   46  construed  to  require  that  a criminal charge be brought or a criminal
   47  conviction be obtained as a condition  of  bringing  a  civil  cause  of
   48  action  or  receiving  a  civil  judgment pursuant to this section or be
   49  construed to require that any of the rules governing a criminal proceed-
   50  ing be applicable to any such civil action.
   51    S 46. Paragraph (b) of subdivision 8 of section 215 of the civil prac-
   52  tice law and rules, as added by chapter  3  of  the  laws  of  2006,  is
   53  amended to read as follows:
   54    (b)  Whenever  it  is  shown  that  a criminal action against the same
   55  defendant has been commenced with respect to  the  event  or  occurrence
   56  from  which  a  claim governed by this section arises, and such criminal
       A. 4959--A                         22
    1  action is for rape in the first degree as defined in section  130.35  of
    2  the penal law, [or criminal sexual act in the first degree as defined in
    3  section  130.50  of  the  penal  law,] or aggravated sexual abuse in the
    4  first degree as defined in section 130.70 of the penal law, or course of
    5  sexual conduct against a child in the first degree as defined in section
    6  130.75  of  the  penal law, the plaintiff shall have at least five years
    7  from the termination of the criminal action as defined in  section  1.20
    8  of  the  criminal  procedure  law in which to commence the civil action,
    9  notwithstanding that the time in  which  to  commence  such  action  has
   10  already expired or has less than a year remaining.
   11    S  47.  Subdivision  11  of section 123 of the agriculture and markets
   12  law, as amended by chapter 392 of the laws of 2004, and such section  as
   13  renumbered by section 18 of part T of chapter 59 of the laws of 2010, is
   14  amended to read as follows:
   15    11.  The owner shall not be liable pursuant to subdivision six, seven,
   16  eight, nine or ten of this section if the dog was coming to the  aid  or
   17  defense  of  a person during the commission or attempted commission of a
   18  murder, robbery, burglary, arson, rape in the first degree as defined in
   19  PARAGRAPH (A) OR (B) OF subdivision one [or], PARAGRAPH (A)  OR  (B)  OF
   20  SUBDIVISION  two OR PARAGRAPH (A) OR (B) OF SUBDIVISION THREE of section
   21  130.35 of the penal law[, criminal sexual act in  the  first  degree  as
   22  defined in subdivision one or two of section 130.50 of the penal law] or
   23  kidnapping within the dwelling or upon the real property of the owner of
   24  the  dog and the dog injured or killed the person committing such crimi-
   25  nal activity.
   26    S 48. Section 4 of the judiciary law, as amended by chapter 264 of the
   27  laws of 2003, is amended to read as follows:
   28    S 4. Sittings of courts to be public.  The  sittings  of  every  court
   29  within  this  state shall be public, and every citizen may freely attend
   30  the same, except that  in  all  proceedings  and  trials  in  cases  for
   31  divorce,  seduction, abortion, rape, assault with intent to commit rape,
   32  [criminal sexual act,] bastardy or filiation,  the  court  may,  in  its
   33  discretion,  exclude  therefrom  all persons who are not directly inter-
   34  ested therein, excepting jurors, witnesses, and officers of the court.
   35    S 49. Subdivision 2 of section 120.60 of the penal law, as amended  by
   36  chapter 434 of the laws of 2000, is amended to read as follows:
   37    2. commits a class A misdemeanor defined in article one hundred thirty
   38  of this chapter, or a class E felony defined in section 130.25, [130.40]
   39  or 130.85 of this chapter, or a class D felony defined in section 130.30
   40  [or 130.45] of this chapter.
   41    S  50.  Subdivision 1 of section 210.16 of the criminal procedure law,
   42  as added by chapter 571 of the laws of  2007,  is  amended  to  read  as
   43  follows:
   44    1.  (a)  In a case where an indictment or a superior court information
   45  has been filed with a superior court which charges the defendant with  a
   46  felony  offense  enumerated in any section of article one hundred thirty
   47  of the penal law where an act of "[sexual  intercourse]  VAGINAL  SEXUAL
   48  CONTACT",  "oral  sexual  [conduct]  CONTACT"  or "anal sexual [conduct]
   49  CONTACT," as those terms are defined in section 130.00 of the penal law,
   50  is required as an essential element  for  the  commission  thereof,  the
   51  court  shall, upon a request of the victim within six months of the date
   52  of the crimes charged, order that the defendant submit to human  immuno-
   53  deficiency  virus (HIV) related testing. Testing of a defendant shall be
   54  ordered when the result would provide medical benefit to the victim or a
   55  psychological benefit to the victim. Medical benefit shall be found when
   56  the following elements are satisfied: (i) a decision  is  pending  about
       A. 4959--A                         23
    1  beginning,  continuing,  or discontinuing a medical intervention for the
    2  victim; and (ii) the result of an HIV test of the accused  could  affect
    3  that  decision, and could provide relevant information beyond that which
    4  would be provided by an HIV test of the victim. If testing the defendant
    5  would  provide  medical benefit to the victim or a psychological benefit
    6  to the victim, then the testing is to be conducted by a  state,  county,
    7  or  local  public  health officer designated by the order. Test results,
    8  which shall not be disclosed to the court, shall be communicated to  the
    9  defendant  and  the  victim  named  in  the order in accordance with the
   10  provisions of section twenty-seven hundred eighty-five-a of  the  public
   11  health law.
   12    (b)  For  the purposes of this section, the terms "victim" and "appli-
   13  cant" mean the person with whom the defendant is charged to have engaged
   14  in an act of "[sexual intercourse] VAGINAL SEXUAL CONTACT", "oral sexual
   15  [conduct] CONTACT" or "anal sexual [conduct] CONTACT",  as  those  terms
   16  are  defined in section 130.00 of the penal law, where such conduct with
   17  such victim was the basis for charging the  defendant  with  an  offense
   18  specified in paragraph (a) of this subdivision.
   19    S  51.  Subdivision 1 of section 390.15 of the criminal procedure law,
   20  as amended by chapter 264 of the laws of 2003, is  amended  to  read  as
   21  follows:
   22    1.  (a)  In  any  case  where  the  defendant is convicted of a felony
   23  offense enumerated in any section of article one hundred thirty  of  the
   24  penal  law,  or  any subdivision of section 130.20 of such law, where an
   25  act of "[sexual  intercourse]  VAGINAL  SEXUAL  CONTACT",  "oral  sexual
   26  [conduct]  CONTACT"  or  "anal sexual [conduct] CONTACT," as those terms
   27  are defined in section 130.00 of the penal law, is required as an essen-
   28  tial element for the commission thereof, the court must, upon a  request
   29  of the victim, order that the defendant submit to human immunodeficiency
   30  (HIV)  related testing. The testing is to be conducted by a state, coun-
   31  ty, or local  public  health  officer  designated  by  the  order.  Test
   32  results,  which  shall  not be disclosed to the court, shall be communi-
   33  cated to the defendant and the victim named in the order  in  accordance
   34  with the provisions of section twenty-seven hundred eighty-five-a of the
   35  public health law, but such results and disclosure need not be completed
   36  prior to the imposition of sentence.
   37    (b)   For  the  purposes  of  this  section,  the  terms  "defendant",
   38  "conviction" and "sentence" mean and include, respectively, an "eligible
   39  youth," a "youthful offender finding" and a "youthful offender sentence"
   40  as those terms are defined in section 720.10 of this chapter.  The  term
   41  "victim"  means  the person with whom the defendant engaged in an act of
   42  "[sexual intercourse] VAGINAL SEXUAL CONTACT",  "oral  sexual  [conduct]
   43  CONTACT"  or "anal sexual [conduct] CONTACT", as those terms are defined
   44  in section 130.00 of the penal law, where such conduct with such  victim
   45  was  the basis for the defendant's conviction of an offense specified in
   46  paragraph (a) of this subdivision.
   47    S 52. Subdivision 1 of section 347.1  of  the  family  court  act,  as
   48  amended  by  chapter  264  of  the  laws  of 2003, is amended to read as
   49  follows:
   50    1. (a) In any proceeding where the respondent  is  found  pursuant  to
   51  section  345.1  or  346.1  of  this  article, to have committed a felony
   52  offense enumerated in any section of article one hundred thirty  of  the
   53  penal  law,  or any subdivision of section 130.20 of such law, for which
   54  an act of "[sexual intercourse] VAGINAL SEXUAL  CONTACT",  "oral  sexual
   55  [conduct]  CONTACT"  or  "anal sexual [conduct] CONTACT", as those terms
   56  are defined in section 130.00 of the penal law, is required as an essen-
       A. 4959--A                         24
    1  tial element for the commission thereof, the court must, upon a  request
    2  of the victim, order that the respondent submit to human immunodeficien-
    3  cy  (HIV)  related  testing.  The testing is to be conducted by a state,
    4  county,  or  local  public  health officer designated by the order. Test
    5  results, which shall not be disclosed to the court,  shall  be  communi-
    6  cated  to the respondent and the victim named in the order in accordance
    7  with the provisions of section twenty-seven hundred eighty-five-a of the
    8  public health law.
    9    (b) For the purposes of this section,  the  term  "victim"  means  the
   10  person  with  whom  the  respondent engaged in an act of "[sexual inter-
   11  course] VAGINAL SEXUAL CONTACT",  "oral  sexual  [conduct]  CONTACT"  or
   12  "anal  sexual  [conduct] CONTACT", as those terms are defined in section
   13  130.00 of the penal law, where such conduct with  such  victim  was  the
   14  basis for the court's finding that the respondent committed acts consti-
   15  tuting  one  or  more of the offenses specified in paragraph (a) of this
   16  subdivision.
   17    S 53. Subdivision (a) of section 130.16 of the penal law,  as  amended
   18  by chapter 264 of the laws of 2003, is amended to read as follows:
   19    (a) Establish that an attempt was made to engage the victim in [sexual
   20  intercourse] VAGINAL SEXUAL CONTACT, oral sexual [conduct] CONTACT, anal
   21  sexual  [conduct] CONTACT, or sexual contact, as the case may be, at the
   22  time of the occurrence; and
   23    S 54. Subdivisions 1 and 2 of section 130.20 of the penal law,  subdi-
   24  vision  1  as amended by chapter 1 of the laws of 2000, subdivision 2 as
   25  amended by chapter 264 of the laws of  2003,  are  amended  to  read  as
   26  follows:
   27    1.  He  or  she engages in [sexual intercourse] VAGINAL SEXUAL CONTACT
   28  with another person without such person's consent; or
   29    2. He or she engages in oral sexual [conduct] CONTACT or  anal  sexual
   30  [conduct] CONTACT with another person without such person's consent; or
   31    S 55. Paragraphs (a) and (b) of subdivision 1 of section 130.75 of the
   32  penal law, as amended by chapter 264 of the laws of 2003, are amended to
   33  read as follows:
   34    (a)  he  or  she  engages in two or more acts of sexual conduct, which
   35  includes at  least  one  act  of  [sexual  intercourse]  VAGINAL  SEXUAL
   36  CONTACT, oral sexual [conduct] CONTACT, anal sexual [conduct] CONTACT or
   37  aggravated sexual contact, with a child less than eleven years old; or
   38    (b)  he  or  she,  being eighteen years old or more, engages in two or
   39  more acts of sexual conduct, which include at least one act  of  [sexual
   40  intercourse] VAGINAL SEXUAL CONTACT, oral sexual [conduct] CONTACT, anal
   41  sexual [conduct] CONTACT or aggravated sexual contact, with a child less
   42  than thirteen years old.
   43    S  56. Subdivision 1 of section 235.00 of the penal law, as amended by
   44  chapter 264 of the laws of 2003, is amended to read as follows:
   45    1. "Obscene." Any material or performance  is  "obscene"  if  (a)  the
   46  average  person,  applying  contemporary community standards, would find
   47  that considered as a whole, its predominant appeal is  to  the  prurient
   48  interest in sex, and (b) it depicts or describes in a patently offensive
   49  manner,   actual  or  simulated:  [sexual  intercourse]  VAGINAL  SEXUAL
   50  CONTACT, [criminal sexual act] ORAL SEXUAL CONTACT, ANAL SEXUAL CONTACT,
   51  sexual bestiality, masturbation, sadism, masochism,  excretion  or  lewd
   52  exhibition  of  the  genitals,  and  (c) considered as a whole, it lacks
   53  serious literary, artistic, political, and scientific value. Predominant
   54  appeal shall be judged with  reference  to  ordinary  adults  unless  it
   55  appears  from  the character of the material or the circumstances of its
       A. 4959--A                         25
    1  dissemination to be designed for children or other [specially] ESPECIAL-
    2  LY susceptible audience.
    3    S  57. Subdivision 2 of section 235.22 of the penal law, as amended by
    4  chapter 264 of the laws of 2003, is amended to read as follows:
    5    2. by means of such communication he importunes, invites or induces  a
    6  minor  to  engage  in  [sexual intercourse] VAGINAL SEXUAL CONTACT, oral
    7  sexual [conduct] CONTACT or anal sexual  [conduct]  CONTACT,  or  sexual
    8  contact  with  him, or to engage in a sexual performance, obscene sexual
    9  performance, or sexual conduct for his benefit.
   10    S 58. Section 255.25 of the penal law, as amended by  chapter  320  of
   11  the laws of 2006, is amended to read as follows:
   12  S 255.25 Incest in the third degree.
   13    A  person  is  guilty  of  incest  in  the third degree when he or she
   14  marries or engages in [sexual intercourse] VAGINAL SEXUAL CONTACT,  oral
   15  sexual  [conduct] CONTACT or anal sexual [conduct] CONTACT with a person
   16  whom he or she knows to be  related  to  him  or  her,  whether  through
   17  marriage or not, as an ancestor, descendant, brother or sister of either
   18  the whole or the half blood, uncle, aunt, nephew or niece.
   19    Incest in the third degree is a class E felony.
   20    S  59. Subdivision 3 of section 263.00 of the penal law, as amended by
   21  chapter 264 of the laws of 2003, is amended to read as follows:
   22    3. "Sexual conduct" means actual  or  simulated  [sexual  intercourse]
   23  VAGINAL  SEXUAL  CONTACT,  oral  sexual  [conduct]  CONTACT, anal sexual
   24  [conduct]CONTACT,  sexual  bestiality,  masturbation,   sado-masochistic
   25  abuse, or lewd exhibition of the genitals.
   26    S 60. Subdivision 3 of section 60.42 of the criminal procedure law, as
   27  amended  by  chapter  264  of  the  laws  of 2003, is amended to read as
   28  follows:
   29    3. rebuts evidence introduced by the people of the victim's failure to
   30  engage in [sexual  intercourse]  VAGINAL  SEXUAL  CONTACT,  oral  sexual
   31  [conduct]  CONTACT,  anal  sexual  [conduct]  CONTACT  or sexual contact
   32  during a given period of time; or
   33    S 61. Subdivision 3 of section 344.4  of  the  family  court  act,  as
   34  amended  by  chapter  264  of  the  laws  of 2003, is amended to read as
   35  follows:
   36    3. rebuts  evidence  introduced  by  the  presentment  agency  of  the
   37  victim's  failure  to  engage  in  [sexual  intercourse]  VAGINAL SEXUAL
   38  CONTACT, oral sexual [conduct] CONTACT, anal sexual [conduct] CONTACT or
   39  sexual contact during a given period of time; or
   40    S 62. Subdivision 4 of section 170 of the domestic relations  law,  as
   41  amended  by  chapter  264  of  the  laws  of 2003, is amended to read as
   42  follows:
   43    (4) The commission of an act of adultery, provided that  adultery  for
   44  the  purposes  of articles ten, eleven, and eleven-A of this chapter, is
   45  hereby defined as the commission of an act of [sexual intercourse] VAGI-
   46  NAL SEXUAL  CONTACT,  oral  sexual  [conduct]  CONTACT  or  anal  sexual
   47  [conduct] CONTACT, voluntarily performed by the defendant, with a person
   48  other  than the plaintiff after the marriage of plaintiff and defendant.
   49  Oral sexual [conduct] CONTACT and anal sexual [conduct] CONTACT include,
   50  but are not limited to, sexual conduct as defined in subdivision two  of
   51  section 130.00 and subdivision three of section 130.20 of the penal law.
   52    S  63.  Subdivision 4 of section 200 of the domestic relations law, as
   53  amended by chapter 264 of the laws  of  2003,  is  amended  to  read  as
   54  follows:
   55    4. The commission of an act of adultery by the defendant; except where
   56  such  offense  is committed by the procurement or with the connivance of
       A. 4959--A                         26
    1  the plaintiff or where there is voluntary cohabitation  of  the  parties
    2  with  the  knowledge  of  the  offense or where action was not commenced
    3  within five years after the discovery by the plaintiff  of  the  offense
    4  charged  or  where  the plaintiff has also been guilty of adultery under
    5  such circumstances that the defendant would have been entitled, if inno-
    6  cent, to a divorce, provided that adultery  for  the  purposes  of  this
    7  subdivision  is  hereby  defined  as the commission of an act of [sexual
    8  intercourse] VAGINAL SEXUAL CONTACT, oral sexual  [conduct]  CONTACT  or
    9  anal  sexual  [conduct] CONTACT, voluntarily performed by the defendant,
   10  with a person other than the plaintiff after the marriage  of  plaintiff
   11  and  defendant.  Oral sexual [conduct] CONTACT and anal sexual [conduct]
   12  CONTACT include, but are not limited to, sexual conduct  as  defined  in
   13  subdivision  two  of  section  130.00  and  subdivision three of section
   14  130.20 of the penal law.
   15    S 64. This act shall take effect on the ninetieth day after  it  shall
   16  have become a law and shall apply to any offense on or after such effec-
   17  tive  date.  As  it pertains to the repealed sections of law, nothing in
   18  this act shall affect a requirement to register pursuant to article  6-C
   19  of  the  correction law; a lawfully required disclosure of a conviction;
   20  any restriction or prohibition for certain types of employment, housing,
   21  or government  benefit;  or  any  other  ongoing  matter  related  to  a
   22  conviction of the sections repealed in this act.