STATE OF NEW YORK
        ________________________________________________________________________

                                          8279

                    IN SENATE

                                       May 1, 2020
                                       ___________

        Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Codes

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

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Sections  130.40,  130.45 and 130.50 of the penal law are
     2  REPEALED.
     3    § 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.
    13    (b)  "Anal  sexual  [conduct]  contact"  means conduct between persons
    14  consisting of contact between the penis and anus.
    15    § 3. Section 130.25 of the penal law, as amended by chapter 1  of  the
    16  laws of 2000, is amended to read as follows:
    17  § 130.25 Rape in the third degree.
    18    A person is guilty of rape in the third degree when:
    19    1.  He  or  she engages in [sexual intercourse] vaginal sexual contact
    20  with another person who is incapable of consent by reason of some factor
    21  other than being less than seventeen years old;
    22    2. He or she engages in oral sexual contact with another person who is
    23  incapable of consent by reason of some factor other than being less than
    24  seventeen years old;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01481-12-0

        S. 8279                             2

     1    3. He or she engages in anal sexual contact with another person who is
     2  incapable of consent by reason of some other  factor  other  than  being
     3  less than seventeen years old;
     4    4.  Being  twenty-one  years old or more, he or she engages in [sexual
     5  intercourse] vaginal sexual contact with another person less than seven-
     6  teen years old; [or
     7    3.] 5.  Being twenty-one years old or more, he or she engages in  oral
     8  sexual contact with another person less than seventeen years old;
     9    6. Being twenty-one years old or more, he or she engages in anal sexu-
    10  al contact with another person less than seventeen years old;
    11    7.  He  or  she engages in [sexual intercourse] vaginal sexual contact
    12  with another person without such person's consent  where  such  lack  of
    13  consent is by reason of some factor other than incapacity to consent[.];
    14    8.  He or she engages in oral sexual contact with another person with-
    15  out such person's consent where such lack of consent  is  by  reason  of
    16  some factor other than incapacity to consent; or
    17    9.  He or she engages in anal sexual contact with another person with-
    18  out such person's consent where such lack of consent  is  by  reason  of
    19  some factor other than the incapacity to consent.
    20    Rape in the third degree is a class E felony.
    21    §  4.  Section 130.30 of the penal law, as amended by chapter 1 of the
    22  laws of 2000, is amended to read as follows:
    23  § 130.30 Rape in the second degree.
    24    A person is guilty of rape in the second degree when:
    25    1. being eighteen years old or more, he  or  she  engages  in  [sexual
    26  intercourse]  vaginal  sexual  contact  with  another  person  less than
    27  fifteen years old; [or]
    28    2. being eighteen years old or more, he or she engages in oral  sexual
    29  contact with another person less than fifteen years old;
    30    3.  being eighteen years old or more, he or she engages in anal sexual
    31  contact with another person less than fifteen years old;
    32    4. he or she engages in [sexual intercourse]  vaginal  sexual  contact
    33  with  another  person  who  is  incapable  of consent by reason of being
    34  mentally disabled or mentally incapacitated[.];
    35    5. he or she engages in oral sexual contact with another person who is
    36  incapable of consent by reason of being mentally  disabled  or  mentally
    37  incapacitated; or
    38    6. he or she engages in anal sexual contact with another person who is
    39  incapable  of  consent  by reason of being mentally disabled or mentally
    40  incapacitated.
    41    It shall be an affirmative defense to the crime of rape in the  second
    42  degree  as  defined  in [subdivision] subdivisions one, two and three of
    43  this section that the defendant was less than four years older than  the
    44  victim at the time of the act.
    45    Rape in the second degree is a class D felony.
    46    §  5.  Section 130.35 of the penal law, as amended by chapter 1 of the
    47  laws of 2000, is amended to read as follows:
    48  § 130.35 Rape in the first degree.
    49    A person is guilty of rape in the first degree when:
    50    1. he or she engages in [sexual intercourse]  vaginal  sexual  contact
    51  with another person:
    52    [1.] (a) By forcible compulsion; or
    53    [2.]  (b)  Who  is  incapable of consent by reason of being physically
    54  helpless; or
    55    [3.] (c) Who is less than eleven years old; or

        S. 8279                             3

     1    [4.] (d) Who is less than thirteen years old and the actor is eighteen
     2  years old or more[.];
     3    2. he or she engages in oral sexual contact with another person:
     4    (a) By forcible compulsion; or
     5    (b)  Who  is  incapable of consent by reason of being physically help-
     6  less; or
     7    (c) Who is less than eleven years old; or
     8    (d) Who is less than thirteen years old  and  the  actor  is  eighteen
     9  years old or more; or
    10    3. he or she engages in anal sexual contact with another person:
    11    (a) By forcible compulsion; or
    12    (b)  Who  is  incapable of consent by reason of being physically help-
    13  less; or
    14    (c) Who is less than eleven years old; or
    15    (d) Who is less than thirteen years old  and  the  actor  is  eighteen
    16  years old or more.
    17    Rape in the first degree is a class B felony.
    18    §  6. Paragraph 2 of subdivision 18 of section 10.00 of the penal law,
    19  as amended by chapter 7 of the laws of  2007,  is  amended  to  read  as
    20  follows:
    21    (2) a person fourteen or fifteen years old who is criminally responsi-
    22  ble for acts constituting the crimes defined in subdivisions one and two
    23  of section 125.25 (murder in the second degree) and in subdivision three
    24  of such section provided that the underlying crime for the murder charge
    25  is  one  for which such person is criminally responsible; section 135.25
    26  (kidnapping in the first degree); 150.20 (arson in  the  first  degree);
    27  subdivisions  one  and  two  of  section  120.10  (assault  in the first
    28  degree); 125.20 (manslaughter in the first  degree);  [subdivisions  one
    29  and]  paragraphs  (a) and (b) of subdivision one, paragraphs (a) and (b)
    30  of subdivision two, and paragraphs (a) and (b) of subdivision  three  of
    31  section  130.35 (rape in the first degree); [subdivisions one and two of
    32  section 130.50 (criminal  sexual  act  in  the  first  degree);]  130.70
    33  (aggravated  sexual  abuse in the first degree); 140.30 (burglary in the
    34  first degree); subdivision one of section 140.25 (burglary in the second
    35  degree); 150.15 (arson in the second degree);  160.15  (robbery  in  the
    36  first  degree); subdivision two of section 160.10 (robbery in the second
    37  degree) of this chapter; or section 265.03 of this chapter,  where  such
    38  machine  gun  or  such  firearm  is possessed on school grounds, as that
    39  phrase is defined in subdivision fourteen  of  section  220.00  of  this
    40  chapter;  or  defined  in this chapter as an attempt to commit murder in
    41  the second degree or kidnapping in the first degree, or such conduct  as
    42  a sexually motivated felony, where authorized pursuant to section 130.91
    43  of [the penal law] this chapter.
    44    §  7.  Subdivision  2 of section 30.00 of the penal law, as amended by
    45  section 38 of part WWW of chapter 59 of the laws of 2017, is amended  to
    46  read as follows:
    47    2.  A person thirteen, fourteen or, fifteen years of age is criminally
    48  responsible for acts constituting murder in the second degree as defined
    49  in subdivisions one and two of section 125.25 and in  subdivision  three
    50  of such section provided that the underlying crime for the murder charge
    51  is  one  for  which  such  person  is criminally responsible or for such
    52  conduct as a sexually motivated felony,  where  authorized  pursuant  to
    53  section  130.91 of this chapter; and a person fourteen or, fifteen years
    54  of age is  criminally  responsible  for  acts  constituting  the  crimes
    55  defined  in  section  135.25  (kidnapping  in  the first degree); 150.20
    56  (arson in the first degree); subdivisions one and two of section  120.10

        S. 8279                             4

     1  (assault  in  the  first  degree);  125.20  (manslaughter  in  the first
     2  degree); [subdivisions one and] paragraphs (a) and  (b)  of  subdivision
     3  one,  paragraphs  (a)  and (b) of subdivision two and paragraphs (a) and
     4  (b)  of  subdivision three of section 130.35 (rape in the first degree);
     5  subdivisions one and two of section 130.50 (criminal sexual act  in  the
     6  first  degree);  130.70  (aggravated  sexual abuse in the first degree);
     7  140.30 (burglary in the first degree); subdivision one of section 140.25
     8  (burglary in the second degree); 150.15 (arson in  the  second  degree);
     9  160.15  (robbery in the first degree); subdivision two of section 160.10
    10  (robbery in the second degree) of this chapter;  or  section  265.03  of
    11  this  chapter,  where  such  machine gun or such firearm is possessed on
    12  school grounds, as that phrase is defined  in  subdivision  fourteen  of
    13  section 220.00 of this chapter; or defined in this chapter as an attempt
    14  to commit murder in the second degree or kidnapping in the first degree,
    15  or  for  such  conduct  as a sexually motivated felony, where authorized
    16  pursuant to section 130.91 of this chapter.
    17    § 8. Paragraph (b) of subdivision 2 of section 35.15 of the penal law,
    18  as amended by chapter 511 of the laws of 2004, is  amended  to  read  as
    19  follows:
    20    (b) He or she reasonably believes that such other person is committing
    21  or  attempting to commit a kidnapping, forcible rape, [forcible criminal
    22  sexual act] forcible aggravated sexual abuse, or robbery; or
    23    § 9.  Paragraph (c) of subdivision 1 of section  70.02  of  the  penal
    24  law,  as  amended by chapter 134 of the laws of 2019, is amended to read
    25  as follows:
    26    (c) Class D violent felony offenses: an attempt to commit any  of  the
    27  class C felonies set forth in paragraph (b); reckless assault of a child
    28  as defined in section 120.02, assault in the second degree as defined in
    29  section 120.05, menacing a police officer or peace officer as defined in
    30  section  120.18, stalking in the first degree, as defined in subdivision
    31  one of section 120.60, strangulation in the second degree as defined  in
    32  section  121.12, rape in the second degree as defined in section 130.30,
    33  [criminal sexual act in the second degree as defined in section 130.45,]
    34  sexual abuse in the first degree as defined in section 130.65, course of
    35  sexual conduct against a child  in  the  second  degree  as  defined  in
    36  section  130.80,  aggravated sexual abuse in the third degree as defined
    37  in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
    38  substance  as defined in section 130.90, labor trafficking as defined in
    39  paragraphs (a) and (b) of subdivision three of section 135.35,  criminal
    40  possession  of  a  weapon  in the third degree as defined in subdivision
    41  five, six, seven, eight, nine or ten of section 265.02, criminal sale of
    42  a firearm in the third degree as defined in section 265.11, intimidating
    43  a victim or witness in the second degree as defined in  section  215.16,
    44  soliciting  or  providing  support for an act of terrorism in the second
    45  degree as defined in section 490.10, and making a terroristic threat  as
    46  defined  in  section  490.20, falsely reporting an incident in the first
    47  degree as defined in section 240.60, placing a false bomb  or  hazardous
    48  substance  in  the  first degree as defined in section 240.62, placing a
    49  false bomb or hazardous substance in a sports  stadium  or  arena,  mass
    50  transportation  facility or enclosed shopping mall as defined in section
    51  240.63, aggravated unpermitted use of indoor pyrotechnics in  the  first
    52  degree  as defined in section 405.18, and criminal manufacture, sale, or
    53  transport of an undetectable firearm, rifle or  shotgun  as  defined  in
    54  section 265.50.

        S. 8279                             5

     1    § 10. Paragraph b of subdivision 5 of section 120.40 of the penal law,
     2  as  amended  by  chapter  320 of the laws of 2006, is amended to read as
     3  follows:
     4    b.  a  crime  defined  in  section  130.20,  130.25,  130.30, [130.40,
     5  130.45,] 130.55, 130.60, 130.70, 255.25, 255.26 or 255.27;
     6    § 11. Paragraph (d) of subdivision 2 and paragraph (h) of  subdivision
     7  3  of section 130.05 of the penal law, paragraph (d) of subdivision 2 as
     8  amended by chapter 40 of the laws of 2004 and paragraph (h) of  subdivi-
     9  sion  3  as amended by section 2 of part G of chapter 501 of the laws of
    10  2012, are amended to read as follows:
    11    (d) Where the offense charged is rape in the third degree  as  defined
    12  in  [subdivision  three]  subdivision  seven,  eight  or nine of section
    13  130.25, [or criminal sexual act in the third degree as defined in subdi-
    14  vision three of section 130.40,] in addition to forcible vaginal  sexual
    15  contact compulsion, circumstances under which, at the time of the act of
    16  intercourse,  oral  sexual  [conduct]  contact  or anal sexual [conduct]
    17  contact, the victim clearly expressed that he or she did not consent  to
    18  engage  in  such  act,  and a reasonable person in the actor's situation
    19  would have understood such person's words and acts as an  expression  of
    20  lack of consent to such act under all the circumstances.
    21    (h)  a  client  or  patient and the actor is a health care provider or
    22  mental health care provider charged with rape in  the  third  degree  as
    23  defined  in  section 130.25, [criminal sexual act in the third degree as
    24  defined in section 130.40,] aggravated sexual abuse in the fourth degree
    25  as defined in section 130.65-a, or sexual abuse in the third  degree  as
    26  defined in section 130.55, and the act of sexual conduct occurs during a
    27  treatment session, consultation, interview, or examination; or
    28    §  12. The opening paragraph of subdivision 3 of section 125.25 of the
    29  penal law, as amended by chapter 264 of the laws of 2003, is amended  to
    30  read as follows:
    31    Acting  either  alone or with one or more other persons, he commits or
    32  attempts to commit robbery, burglary, kidnapping,  arson,  rape  in  the
    33  first degree, [criminal sexual act in the first degree,] sexual abuse in
    34  the  first  degree, aggravated sexual abuse, escape in the first degree,
    35  or escape in the second degree, and, in the course of and in furtherance
    36  of such crime or of immediate flight therefrom, he, or  another  partic-
    37  ipant,  if  there be any, causes the death of a person other than one of
    38  the participants; except that in any prosecution under this subdivision,
    39  in which the defendant was not the only participant  in  the  underlying
    40  crime, it is an affirmative defense that the defendant:
    41    §  13. Subdivision 5 of section 125.25 of the penal law, as amended by
    42  chapter 320 of the laws of 2006, is amended to read as follows:
    43    5. Being eighteen years old or more, while in the course of committing
    44  rape in the first, second or third degree, [criminal sexual act  in  the
    45  first, second or third degree,] sexual abuse in the first degree, aggra-
    46  vated  sexual  abuse  in  the  first, second, third or fourth degree, or
    47  incest in the first, second or third degree, against a person less  than
    48  fourteen  years  old,  he  or she intentionally causes the death of such
    49  person.
    50    § 14. Subparagraph (vii) of paragraph (a) of subdivision 1 of  section
    51  125.27  of the penal law, as amended by chapter 264 of the laws of 2003,
    52  is amended to read as follows:
    53    (vii) the victim was killed while the defendant was in the  course  of
    54  committing  or  attempting  to  commit  and  in  furtherance of robbery,
    55  burglary in the first degree or second degree, kidnapping in  the  first
    56  degree,  arson  in  the first degree or second degree, rape in the first

        S. 8279                             6

     1  degree, [criminal sexual act in the first degree,] sexual abuse  in  the
     2  first  degree,  aggravated sexual abuse in the first degree or escape in
     3  the first degree, or in the  course  of  and  furtherance  of  immediate
     4  flight after committing or attempting to commit any such crime or in the
     5  course of and furtherance of immediate flight after attempting to commit
     6  the  crime  of murder in the second degree; provided however, the victim
     7  is not a participant in one of the aforementioned crimes  and,  provided
     8  further  that,  unless  the  defendant's  criminal  liability under this
     9  subparagraph is based upon the defendant having commanded another person
    10  to cause the death of the victim or intended victim pursuant to  section
    11  20.00  of  this  chapter,  this  subparagraph  shall not apply where the
    12  defendant's criminal liability is based  upon  the  conduct  of  another
    13  pursuant to section 20.00 of this chapter; or
    14    §  15. Subdivision 3 of section 130.10 of the penal law, as amended by
    15  chapter 264 of the laws of 2003, is amended to read as follows:
    16    3. In any prosecution for the crime of rape in  the  third  degree  as
    17  defined  in  section 130.25, [criminal sexual act in the third degree as
    18  defined in section 130.40,] aggravated sexual abuse in the fourth degree
    19  as defined in section 130.65-a, or sexual abuse in the third  degree  as
    20  defined in section 130.55 in which incapacity to consent is based on the
    21  circumstances set forth in paragraph (h) of subdivision three of section
    22  130.05  of  this  article  it  shall  be an affirmative defense that the
    23  client or patient consented to such conduct charged  after  having  been
    24  expressly advised by the health care or mental health care provider that
    25  such conduct was not performed for a valid medical purpose.
    26    § 16. The opening paragraph and subdivision 2 of section 130.95 of the
    27  penal  law,  as added by chapter 107 of the laws of 2006, are amended to
    28  read as follows:
    29    A person is guilty of predatory sexual assault when he or she  commits
    30  the crime of rape in the first degree, [criminal sexual act in the first
    31  degree,] aggravated sexual abuse in the first degree, or course of sexu-
    32  al conduct against a child in the first degree, as defined in this arti-
    33  cle, and when:
    34    2.  He or she has engaged in conduct constituting the crime of rape in
    35  the first degree, [criminal sexual act in the first degree,]  aggravated
    36  sexual  abuse in the first degree, or course of sexual conduct against a
    37  child in the first degree, as defined in this article,  against  one  or
    38  more additional persons; or
    39    §  17.  The  opening  paragraph of section 130.96 of the penal law, as
    40  added by chapter 107 of the laws of 2006, is amended to read as follows:
    41    A person is guilty of predatory sexual assault against a  child  when,
    42  being eighteen years old or more, he or she commits the crime of rape in
    43  the  first degree, [criminal sexual act in the first degree,] aggravated
    44  sexual abuse in the first degree, or course of sexual conduct against  a
    45  child in the first degree, as defined in this article, and the victim is
    46  less than thirteen years old.
    47    §  18. Subdivision 2 of section 240.75 of the penal law, as amended by
    48  section 8 of part NN of chapter 55 of the laws of 2018,  is  amended  to
    49  read as follows:
    50    2.  A  "specified  offense"  is  an  offense defined in section 120.00
    51  (assault in the third degree); section 120.05  (assault  in  the  second
    52  degree);  section  120.10  (assault in the first degree); section 120.13
    53  (menacing in the first degree); section 120.14 (menacing in  the  second
    54  degree);  section  120.15 (menacing in the third degree); section 120.20
    55  (reckless endangerment in the second degree); section  120.25  (reckless
    56  endangerment  in  the  first  degree);  section  120.45 (stalking in the

        S. 8279                             7

     1  fourth degree); section 120.50 (stalking in the third  degree);  section
     2  120.55  (stalking in the second degree); section 120.60 (stalking in the
     3  first degree); section 121.11  (criminal  obstruction  of  breathing  or
     4  blood circulation); section 121.12 (strangulation in the second degree);
     5  section  121.13  (strangulation in the first degree); subdivision one of
     6  section 125.15 (manslaughter in the second degree); subdivision one, two
     7  or four of section 125.20 (manslaughter in the  first  degree);  section
     8  125.25  (murder  in  the  second degree); section 130.20 (sexual miscon-
     9  duct); section 130.25 (rape in the third degree); section  130.30  (rape
    10  in  the  second  degree);  section  130.35  (rape  in the first degree);
    11  section 130.40 (criminal sexual act in the third degree); section 130.45
    12  (criminal sexual act in the second  degree);  section  130.50  (criminal
    13  sexual  act  in  the  first degree); section 130.52 (forcible touching);
    14  section 130.53 (persistent sexual abuse); section 130.55  (sexual  abuse
    15  in  the  third  degree);  section  130.60  (sexual  abuse  in the second
    16  degree); section 130.65 (sexual abuse  in  the  first  degree);  section
    17  130.66  (aggravated  sexual  abuse  in the third degree); section 130.67
    18  (aggravated sexual abuse in the second degree); section  130.70  (aggra-
    19  vated  sexual abuse in the first degree); section 130.91 (sexually moti-
    20  vated felony); section 130.95 (predatory sexual assault); section 130.96
    21  (predatory sexual assault against a  child);  section  135.05  (unlawful
    22  imprisonment  in  the second degree); section 135.10 (unlawful imprison-
    23  ment in the  first  degree);  section  135.60  (coercion  in  the  third
    24  degree);  section 135.61 (coercion in the second degree); section 135.65
    25  (coercion in the first degree); section 140.20 (burglary  in  the  third
    26  degree);  section 140.25 (burglary in the second degree); section 140.30
    27  (burglary in the first degree); section 145.00 (criminal mischief in the
    28  fourth degree); section 145.05 (criminal mischief in the third  degree);
    29  section  145.10 (criminal mischief in the second degree); section 145.12
    30  (criminal mischief  in  the  first  degree);  section  145.14  (criminal
    31  tampering in the third degree); section 215.50 (criminal contempt in the
    32  second  degree); section 215.51 (criminal contempt in the first degree);
    33  section 215.52 (aggravated criminal contempt); section  240.25  (harass-
    34  ment  in  the  first  degree);  subdivision  one, two or four of section
    35  240.30 (aggravated harassment in the second degree);  aggravated  family
    36  offense  as  defined  in  this  section  or any attempt or conspiracy to
    37  commit any of the foregoing offenses where the defendant and the  person
    38  against  whom  the offense was committed were members of the same family
    39  or household as defined in subdivision one  of  section  530.11  of  the
    40  criminal procedure law.
    41    §  19. Section 255.26 of the penal law, as added by chapter 320 of the
    42  laws of 2006, is amended to read as follows:
    43  § 255.26 Incest in the second degree.
    44    A person is guilty of incest in the  second  degree  when  he  or  she
    45  commits  the  crime  of rape in the second degree, as defined in section
    46  130.30 of this part, [or criminal sexual act in the  second  degree,  as
    47  defined in section 130.45 of this part,] against a person whom he or she
    48  knows  to  be related to him or her, whether through marriage or not, as
    49  an ancestor, descendant, brother or sister of either the  whole  or  the
    50  half blood, uncle, aunt, nephew or niece.
    51    Incest in the second degree is a class D felony.
    52    §  20. Section 255.27 of the penal law, as added by chapter 320 of the
    53  laws of 2006, is amended to read as follows:
    54  § 255.27 Incest in the first degree.
    55    A person is guilty of incest in  the  first  degree  when  he  or  she
    56  commits  the  crime of rape in the first degree, as defined in paragraph

        S. 8279                             8

     1  (c) or (d) of subdivision [three or four] one, paragraph (c) or  (d)  of
     2  subdivision  two or paragraph (c) or (d) of subdivision three of section
     3  130.35 of this part[, or criminal sexual act in  the  first  degree,  as
     4  defined  in  subdivision  three or four of section 130.50 of this part,]
     5  against a person whom he or she knows to  be  related  to  him  or  her,
     6  whether  through marriage or not, as an ancestor, descendant, brother or
     7  sister of either the whole or half blood, uncle, aunt, nephew or niece.
     8    Incest in the first degree is a class B felony.
     9    § 21. Subdivision 3 of section 485.05 of the penal law, as amended  by
    10  section  3  of  part  R of chapter 55 of the laws of 2020, is amended to
    11  read as follows:
    12    3. A "specified offense" is an offense defined by any of the following
    13  provisions of  this  chapter:  section  120.00  (assault  in  the  third
    14  degree);  section  120.05 (assault in the second degree); section 120.10
    15  (assault in the first degree); section 120.12 (aggravated assault upon a
    16  person less than eleven years old);  section  120.13  (menacing  in  the
    17  first  degree);  section 120.14 (menacing in the second degree); section
    18  120.15 (menacing in the third degree); section 120.20  (reckless  endan-
    19  germent  in the second degree); section 120.25 (reckless endangerment in
    20  the first degree); section 121.12 (strangulation in the second  degree);
    21  section  121.13  (strangulation in the first degree); subdivision one of
    22  section 125.15 (manslaughter in the second degree); subdivision one, two
    23  or four of section 125.20 (manslaughter in the  first  degree);  section
    24  125.25  (murder  in  the second degree); section 120.45 (stalking in the
    25  fourth degree); section 120.50 (stalking in the third  degree);  section
    26  120.55  (stalking in the second degree); section 120.60 (stalking in the
    27  first degree); paragraph (a) of subdivision one, paragraph (a) of subdi-
    28  vision two and paragraph (a) of  subdivision  three  of  section  130.35
    29  (rape  in the first degree); subdivision one of section 130.50 (criminal
    30  sexual act in the first  degree);  subdivision  one  of  section  130.65
    31  (sexual  abuse in the first degree); paragraph (a) of subdivision one of
    32  section 130.67 (aggravated sexual abuse in the second degree); paragraph
    33  (a) of subdivision one of section 130.70 (aggravated sexual abuse in the
    34  first degree); section  135.05  (unlawful  imprisonment  in  the  second
    35  degree);  section  135.10  (unlawful  imprisonment in the first degree);
    36  section  135.20  (kidnapping  in  the  second  degree);  section  135.25
    37  (kidnapping  in the first degree); section 135.60 (coercion in the third
    38  degree); section 135.61 (coercion in the second degree); section  135.65
    39  (coercion in the first degree); section 140.10 (criminal trespass in the
    40  third  degree); section 140.15 (criminal trespass in the second degree);
    41  section 140.17 (criminal trespass in the first degree);  section  140.20
    42  (burglary  in  the third degree); section 140.25 (burglary in the second
    43  degree); section 140.30 (burglary in the first degree);  section  145.00
    44  (criminal  mischief  in  the  fourth  degree);  section 145.05 (criminal
    45  mischief in the third degree); section 145.10 (criminal mischief in  the
    46  second  degree); section 145.12 (criminal mischief in the first degree);
    47  section 150.05 (arson in the fourth degree); section  150.10  (arson  in
    48  the  third degree); section 150.15 (arson in the second degree); section
    49  150.20 (arson in the first  degree);  section  155.25  (petit  larceny);
    50  section  155.30  (grand  larceny  in  the fourth degree); section 155.35
    51  (grand larceny in the third degree); section 155.40  (grand  larceny  in
    52  the  second degree); section 155.42 (grand larceny in the first degree);
    53  section 160.05 (robbery in the third degree); section 160.10 (robbery in
    54  the second degree);  section  160.15  (robbery  in  the  first  degree);
    55  section 240.25 (harassment in the first degree); subdivision one, two or
    56  four  of  section  240.30  (aggravated harassment in the second degree);

        S. 8279                             9

     1  section 490.10 (soliciting or providing support for an act of  terrorism
     2  in  the  second degree); section 490.15 (soliciting or providing support
     3  for an act of terrorism in the first degree); section 490.20  (making  a
     4  terroristic threat); section 490.25 (crime of terrorism); section 490.30
     5  (hindering  prosecution  of  terrorism  in  the  second degree); section
     6  490.35 (hindering prosecution of terrorism in the first degree); section
     7  490.37 (criminal possession of a chemical weapon or biological weapon in
     8  the third degree); section 490.40 (criminal  possession  of  a  chemical
     9  weapon or biological weapon in the second degree); section 490.45 (crim-
    10  inal  possession  of a chemical weapon or biological weapon in the first
    11  degree); section 490.47 (criminal use of a chemical weapon or biological
    12  weapon in the third degree); section 490.50 (criminal use of a  chemical
    13  weapon or biological weapon in the second degree); section 490.55 (crim-
    14  inal use of a chemical weapon or biological weapon in the first degree);
    15  or any attempt or conspiracy to commit any of the foregoing offenses.
    16    § 22. Subdivision 42 of section 1.20 of the criminal procedure law, as
    17  amended by chapter 7 of the laws of 2007, is amended to read as follows:
    18    42.  "Juvenile offender" means (1) a person, thirteen years old who is
    19  criminally responsible for acts constituting murder in the second degree
    20  as defined in subdivisions one and two of section 125.25  of  the  penal
    21  law,  or  such  conduct as a sexually motivated felony, where authorized
    22  pursuant to section 130.91 of the penal law; and (2) a  person  fourteen
    23  or fifteen years old who is criminally responsible for acts constituting
    24  the crimes defined in subdivisions one and two of section 125.25 (murder
    25  in  the second degree) and in subdivision three of such section provided
    26  that the underlying crime for the murder charge is one  for  which  such
    27  person  is  criminally  responsible;  section  135.25 (kidnapping in the
    28  first degree); 150.20 (arson in the first degree); subdivisions one  and
    29  two of section 120.10 (assault in the first degree); 125.20 (manslaught-
    30  er  in  the first degree); [subdivisions one and] paragraphs (a) and (b)
    31  of subdivision one, paragraphs (a) and (b) of subdivision two and  para-
    32  graphs  (a)  and (b) of subdivision three of section 130.35 (rape in the
    33  first degree); [subdivisions one and two  of  section  130.50  (criminal
    34  sexual act in the first degree);] 130.70 (aggravated sexual abuse in the
    35  first degree); 140.30 (burglary in the first degree); subdivision one of
    36  section  140.25  (burglary  in  the second degree); 150.15 (arson in the
    37  second degree); 160.15 (robbery in the first degree); subdivision two of
    38  section 160.10 (robbery in the second  degree)  of  the  penal  law;  or
    39  section  265.03 of the penal law, where such machine gun or such firearm
    40  is possessed on school grounds, as that phrase is defined in subdivision
    41  fourteen of section 220.00 of the penal law; or defined in the penal law
    42  as an attempt to commit murder in the second degree or kidnapping in the
    43  first degree, or such conduct as  a  sexually  motivated  felony,  where
    44  authorized pursuant to section 130.91 of the penal law.
    45    §  23.  Paragraphs (a) and (b) of subdivision 1, the opening paragraph
    46  of subdivision 2 and paragraph (a) of subdivision 3 of section 140.20 of
    47  the criminal procedure law, paragraphs (a) and (b) of subdivision  1  as
    48  amended  by  chapter  324  of the laws of 1988, the opening paragraph of
    49  subdivision 2 and paragraph (a) of subdivision 3 as amended  by  chapter
    50  550 of the laws of 1987, are amended to read as follows:
    51    (a)  If  the  arrest is for an offense other than a class A, B, C or D
    52  felony or a violation  of  section  130.25,  [130.40,]  205.10,  205.17,
    53  205.19  or  215.56  of  the  penal law committed in a town, but not in a
    54  village thereof having a village court, and the town court of such  town
    55  is  not available at the time, the arrested person may be brought before
    56  the local criminal court of any village within such town or, any adjoin-

        S. 8279                            10

     1  ing town, village embraced in whole or in part by such  adjoining  town,
     2  or city of the same county; and
     3    (b)  If  the  arrest is for an offense other than a class A, B, C or D
     4  felony or a violation  of  section  130.25,  [130.40,]  205.10,  205.17,
     5  205.19  or  215.56  of  the  penal  law  committed in a village having a
     6  village court and such court is not available at the time, the  arrested
     7  person  may  be brought before the town court of the town embracing such
     8  village or any other village court within such town, or, if such town or
     9  village court is not available either, before the local  criminal  court
    10  of  any  adjoining  town,  village  embraced in whole or in part by such
    11  adjoining town, or city of the same county; and
    12    If the arrest is for an offense other than a class A, B, C or D felony
    13  or a violation of section 130.25, [130.40,] 205.10,  205.17,  205.19  or
    14  215.56  of the penal law, the arrested person need not be brought before
    15  a local criminal court as provided in subdivision one, and the procedure
    16  may instead be as follows:
    17    (a) the arrest is for an offense other than a class A, B, C or D felo-
    18  ny or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or
    19  215.56 of the penal law, and
    20    § 24. Paragraph (a) of subdivision 3  and  the  opening  paragraph  of
    21  subdivision  4  of  section  140.27  of  the  criminal procedure law, as
    22  amended by chapter 550 of the laws of  1987,  are  amended  to  read  as
    23  follows:
    24    (a) the arrest is for an offense other than a class A, B, C or D felo-
    25  ny or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or
    26  215.56 of the penal law and
    27    If the arrest is for an offense other than a class A, B, C or D felony
    28  or  a  violation  of section 130.25, [130.40,] 205.10, 205.17, 205.19 or
    29  215.56 of the penal law, the arrested person need not be brought  before
    30  a local criminal court as provided in subdivision two, and the procedure
    31  may instead be as follows:
    32    §  25.  Paragraph  (a)  of  subdivision 2 and the opening paragraph of
    33  subdivision 3 of section  140.40  of  the  criminal  procedure  law,  as
    34  amended  by  chapter  550  of  the  laws of 1987, are amended to read as
    35  follows:
    36    (a) the arrest is for an offense other than a class A, B, C or D felo-
    37  ny or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or
    38  215.56 of the penal law and
    39    If the arrest is for an offense other than a class A, B, C or D felony
    40  or a violation of section 130.25, [130.40,] 205.10,  205.17,  205.19  or
    41  215.56  of the penal law, the arrested person need not be brought before
    42  a local criminal court, as provided in subdivision one, and  the  proce-
    43  dure may instead be as follows:
    44    § 26. Paragraph (a) of subdivision 1 of section 150.20 of the criminal
    45  procedure  law,  as  amended by section 1-a of part JJJ of chapter 59 of
    46  the laws of 2019, is amended to read as follows:
    47    (a) Whenever a police officer is authorized pursuant to section 140.10
    48  of this title to arrest a person without a warrant for an offense  other
    49  than  a  class  A,  B,  C  or D felony or a violation of section 130.25,
    50  [130.40,] 205.10, 205.17, 205.19 or 215.56 of the penal law,  he  shall,
    51  except  as  set out in paragraph (b) of this subdivision, subject to the
    52  provisions of subdivisions three and four  of  section  150.40  of  this
    53  title, instead issue to and serve upon such person an appearance ticket.
    54    § 27. Subdivision (a) of section 190.71 of the criminal procedure law,
    55  as  amended  by  chapter  7  of  the laws of 2007, is amended to read as
    56  follows:

        S. 8279                            11

     1    (a) Except as provided in subdivision six of section  200.20  of  this
     2  chapter,  a grand jury may not indict (i) a person thirteen years of age
     3  for any conduct or crime other than conduct constituting a crime defined
     4  in subdivisions one and two of section  125.25  (murder  in  the  second
     5  degree) or such conduct as a sexually motivated felony, where authorized
     6  pursuant  to  section 130.91 of the penal law; (ii) a person fourteen or
     7  fifteen years of age for any conduct or crime other than conduct consti-
     8  tuting a crime defined in subdivisions one and  two  of  section  125.25
     9  (murder  in  the second degree) and in subdivision three of such section
    10  provided that the underlying crime for the  murder  charge  is  one  for
    11  which  such  person is criminally responsible; 135.25 (kidnapping in the
    12  first degree); 150.20 (arson in the first degree); subdivisions one  and
    13  two of section 120.10 (assault in the first degree); 125.20 (manslaught-
    14  er  in  the first degree); [subdivisions one and] paragraphs (a) and (b)
    15  of subdivision one, paragraphs (a) and (b) of subdivision two and  para-
    16  graphs  (a)  and (b) of subdivision three of section 130.35 (rape in the
    17  first degree); [subdivisions one and two  of  section  130.50  (criminal
    18  sexual act in the first degree);] 130.70 (aggravated sexual abuse in the
    19  first degree); 140.30 (burglary in the first degree); subdivision one of
    20  section  140.25  (burglary  in  the second degree); 150.15 (arson in the
    21  second degree); 160.15 (robbery in the first degree); subdivision two of
    22  section 160.10 (robbery in the second degree) of the penal law;  [subdi-
    23  vision  four  of  section 265.02 of the penal law, where such firearm is
    24  possessed on school grounds, as that phrase is  defined  in  subdivision
    25  fourteen  of  section 220.00 of the penal law;] or section 265.03 of the
    26  penal law, where such machine gun or such firearm is possessed on school
    27  grounds, as that phrase is defined in subdivision  fourteen  of  section
    28  220.00  of  the  penal law; or defined in the penal law as an attempt to
    29  commit murder in the second degree or kidnapping in the first degree, or
    30  such conduct as a sexually motivated felony, where  authorized  pursuant
    31  to section 130.91 of the penal law.
    32    §  28.  Subdivision 4 of section 722.20 of the criminal procedure law,
    33  as added by section 1-a of part WWW of chapter 59 of the laws  of  2017,
    34  is amended to read as follows:
    35    4.  Notwithstanding  the  provisions  of subdivisions two and three of
    36  this section, the court shall, at the request of the district  attorney,
    37  order  removal  of  an  action against a juvenile offender to the family
    38  court pursuant to the provisions of article seven hundred twenty-five of
    39  this title if, upon consideration of the criteria specified in  subdivi-
    40  sion  two of section 722.22 of this article, it is determined that to do
    41  so would be in the interests of  justice.  Where,  however,  the  felony
    42  complaint charges the juvenile offender with murder in the second degree
    43  as  defined in section 125.25 of the penal law, rape in the first degree
    44  as defined in paragraph (a) of subdivision one, paragraph (a) of  subdi-
    45  vision  two  and paragraph (a) of subdivision three of section 130.35 of
    46  the penal law, [criminal sexual act in the first degree  as  defined  in
    47  subdivision  one of section 130.50 of the penal law,] or an armed felony
    48  as defined in paragraph (a) of subdivision forty-one of section 1.20  of
    49  this  chapter, a determination that such action be removed to the family
    50  court shall, in addition, be based upon a finding of one or more of  the
    51  following  factors: (i) mitigating circumstances that bear directly upon
    52  the manner in which the crime was committed; or (ii) where the defendant
    53  was not the sole participant in the crime, the defendant's participation
    54  was relatively minor although not so minor as to constitute a defense to
    55  the prosecution; or (iii) possible deficiencies in proof of the crime.

        S. 8279                            12

     1    § 29. Subdivision 5 of section 722.21 of the criminal  procedure  law,
     2  as  added  by section 1-a of part WWW of chapter 59 of the laws of 2017,
     3  is amended to read as follows:
     4    5.  Notwithstanding subdivisions two and three of this section, at the
     5  request of the district attorney, the court shall order  removal  of  an
     6  action  against an adolescent offender charged with an offense listed in
     7  paragraph (a) of subdivision two of section 722.23 of this  article,  to
     8  the  family  court  pursuant  to the provisions of article seven hundred
     9  twenty-five of this title and upon consideration of the criteria  speci-
    10  fied  in subdivision two of section 722.22 of this article, it is deter-
    11  mined that to do so would be in the interests of justice. Where,  howev-
    12  er,  the felony complaint charges the adolescent offender with murder in
    13  the second degree as defined in section 125.25 of the penal law, rape in
    14  the first degree as defined in paragraph (a) of subdivision  one,  para-
    15  graph  (a)  of subdivision two and paragraph (a) of subdivision three of
    16  section 130.35 of the penal law,  [criminal  sexual  act  in  the  first
    17  degree  as  defined  in  subdivision  one of section 130.50 of the penal
    18  law,] or an armed felony as defined  in  paragraph  (a)  of  subdivision
    19  forty-one  of  section  1.20  of this chapter, a determination that such
    20  action be removed to the family court shall, in addition, be based  upon
    21  a  finding  of  one  or  more  of  the following factors: (i) mitigating
    22  circumstances that bear directly upon the manner in which the crime  was
    23  committed;  or  (ii) where the defendant was not the sole participant in
    24  the crime, the defendant's participation was relatively  minor  although
    25  not  so  minor  as  to constitute a defense to the prosecution; or (iii)
    26  possible deficiencies in proof of the crime.
    27    § 30. Paragraph (b) of subdivision 1 of section 722.22 of the criminal
    28  procedure law, as added by section 1-a of part WWW of chapter 59 of  the
    29  laws of 2017, is amended to read as follows:
    30    (b)  with  the  consent  of the district attorney, order removal of an
    31  action involving an indictment charging a juvenile offender with  murder
    32  in the second degree as defined in section 125.25 of the penal law; rape
    33  in  the  first  degree,  as defined in paragraph (a) of subdivision one,
    34  paragraph (a) of subdivision two and paragraph (a) of subdivision  three
    35  of  section  130.35  of the penal law[; criminal sexual act in the first
    36  degree, as defined in subdivision one of section  130.50  of  the  penal
    37  law];  or  an  armed  felony  as defined in paragraph (a) of subdivision
    38  forty-one of section 1.20 of this chapter, to the family court  pursuant
    39  to  the provisions of article seven hundred twenty-five of this title if
    40  the court finds one or more of the  following  factors:  (i)  mitigating
    41  circumstances  that bear directly upon the manner in which the crime was
    42  committed; (ii) where the defendant was not the sole participant in  the
    43  crime,  the  defendant's participation was relatively minor although not
    44  so minor as to constitute a defense to the prosecution; or (iii)  possi-
    45  ble  deficiencies in the proof of the crime, and, after consideration of
    46  the factors set forth in subdivision two  of  this  section,  the  court
    47  determined  that  removal  of the action to the family court would be in
    48  the interests of justice.
    49    § 31. Subparagraph (iii) of paragraph (g) of subdivision 5 of  section
    50  220.10  of  the criminal procedure law, as amended by chapter 264 of the
    51  laws of 2003, is amended to read as follows:
    52    (iii) Where the indictment  does  not  charge  a  crime  specified  in
    53  subparagraph  (i) of this paragraph, the district attorney may recommend
    54  removal of the action to the family court. Upon making such  recommenda-
    55  tion  the district attorney shall submit a subscribed memorandum setting
    56  forth: (1) a recommendation that the interests of justice would best  be

        S. 8279                            13

     1  served  by  removal  of  the  action to the family court; and (2) if the
     2  indictment charges a thirteen year old with the crime of murder  in  the
     3  second degree, or a fourteen or fifteen year old with the crimes of rape
     4  in  the  first  degree  as  defined in paragraph (a) of subdivision one,
     5  paragraph (a) of subdivision two and paragraph (a) of subdivision  three
     6  of section 130.35 of the penal law, [or criminal sexual act in the first
     7  degree  as  defined  in  subdivision  one of section 130.50 of the penal
     8  law,] or an armed felony as defined  in  paragraph  (a)  of  subdivision
     9  forty-one  of section 1.20 of this chapter specific factors, one or more
    10  of which reasonably supports the recommendation, showing, (i) mitigating
    11  circumstances that bear directly upon the manner in which the crime  was
    12  committed,  or  (ii) where the defendant was not the sole participant in
    13  the crime, that  the  defendant's  participation  was  relatively  minor
    14  although  not so minor as to constitute a defense to the prosecution, or
    15  (iii) possible deficiencies in proof of the crime,  or  (iv)  where  the
    16  juvenile  offender  has  no previous adjudications of having committed a
    17  designated felony act, as defined in subdivision eight of section  301.2
    18  of  the  family  court act, regardless of the age of the offender at the
    19  time of commission of the act, that the criminal act was not part  of  a
    20  pattern  of  criminal behavior and, in view of the history of the offen-
    21  der, is not likely to be repeated.
    22    § 32. Subdivision 6 of section 300.50 of the criminal  procedure  law,
    23  as  amended  by  chapter  264 of the laws of 2003, is amended to read as
    24  follows:
    25    6. For purposes of this section, the offenses of  rape  in  the  third
    26  degree  as  defined in [subdivision three] subdivisions seven, eight and
    27  nine of section 130.25 of the penal law [and criminal sexual act in  the
    28  third  degree  as  defined in subdivision three of section 130.40 of the
    29  penal law], are not lesser  included  offenses  of  rape  in  the  first
    30  degree[,  criminal sexual act in the first degree] or any other offense.
    31  Notwithstanding the foregoing, [either] any such offense may be  submit-
    32  ted  as a lesser included offense of the applicable first degree offense
    33  when (i) there is a reasonable view of the evidence which would  support
    34  a  finding  that the defendant committed such lesser offense but did not
    35  commit the greater  offense,  and  (ii)  both  parties  consent  to  its
    36  submission.
    37    § 32-a. Subdivision 6 of section 380.50 of the criminal procedure law,
    38  as  separately  amended  by chapters 368 and 394 of the laws of 2015, is
    39  amended to read as follows:
    40    6. Regardless of whether the victim requests to make a statement  with
    41  regard to the defendant's sentence, where the defendant is sentenced for
    42  a violent felony offense as defined in section 70.02 of the penal law or
    43  a  felony  defined in article one hundred twenty-five of such law or any
    44  of the  following  provisions  of  such  law  sections  130.25,  130.30,
    45  [130.40,  130.45,]  255.25,  255.26,  255.27, article two hundred sixty-
    46  three, 135.10, 135.25, 230.05, 230.06, 230.11, 230.12, 230.13,  subdivi-
    47  sion two of section 230.30 or 230.32, the prosecutor shall, within sixty
    48  days  of  the  imposition  of  sentence, provide the victim with a form,
    49  prepared and distributed by the commissioner of the division of criminal
    50  justice services, in consultation with the director  of  the  office  of
    51  victim  services,  on  which  the  victim  may  indicate  a demand to be
    52  informed of any petition to change the  name  of  such  defendant.  Such
    53  forms  shall  be maintained by such prosecutor. Upon receipt of a notice
    54  of a petition to change the name of  any  such  defendant,  pursuant  to
    55  subdivision two of section sixty-two of the civil rights law, the prose-
    56  cutor  shall  promptly  notify the victim at the most current address or

        S. 8279                            14

     1  telephone number provided by such victim  in  the  most  reasonable  and
     2  expedient  possible  manner  of the time and place such petition will be
     3  presented to the court.
     4    §  33.  Paragraph (b) of subdivision 8 of section 700.05 of the crimi-
     5  nal procedure law, as amended by chapter 134 of the  laws  of  2019,  is
     6  amended to read as follows:
     7    (b)  Any  of  the  following felonies: assault in the second degree as
     8  defined in section 120.05 of the penal law, assault in the first  degree
     9  as  defined in section 120.10 of the penal law, reckless endangerment in
    10  the first degree as defined in section 120.25 of the penal law,  promot-
    11  ing  a  suicide  attempt  as defined in section 120.30 of the penal law,
    12  strangulation in the second degree as defined in section 121.12  of  the
    13  penal  law,  strangulation  in  the  first  degree as defined in section
    14  121.13 of the penal law, criminally negligent  homicide  as  defined  in
    15  section  125.10  of  the penal law, manslaughter in the second degree as
    16  defined in section 125.15 of the penal law, manslaughter  in  the  first
    17  degree  as  defined  in  section  125.20 of the penal law, murder in the
    18  second degree as defined in section 125.25 of the penal law,  murder  in
    19  the  first degree as defined in section 125.27 of the penal law, rape in
    20  the third degree as defined in section 130.25 of the penal law, rape  in
    21  the second degree as defined in section 130.30 of the penal law, rape in
    22  the  first degree as defined in section 130.35 of the penal law, [crimi-
    23  nal sexual act in the third degree as defined in section 130.40  of  the
    24  penal  law,  criminal  sexual  act  in  the  second degree as defined in
    25  section 130.45 of the penal law, criminal sexual act in the first degree
    26  as defined in section 130.50 of the penal  law,]  sexual  abuse  in  the
    27  first  degree  as  defined  in section 130.65 of the penal law, unlawful
    28  imprisonment in the first degree as defined in  section  135.10  of  the
    29  penal  law, kidnapping in the second degree as defined in section 135.20
    30  of the penal law, kidnapping in the first degree as defined  in  section
    31  135.25  of the penal law, labor trafficking as defined in section 135.35
    32  of the penal law, aggravated labor trafficking  as  defined  in  section
    33  135.37  of  the penal law, custodial interference in the first degree as
    34  defined in section 135.50 of the penal law, coercion in the first degree
    35  as defined in section 135.65 of the penal law, criminal trespass in  the
    36  first  degree as defined in section 140.17 of the penal law, burglary in
    37  the third degree as defined in section 140.20 of the penal law, burglary
    38  in the second degree as defined in section  140.25  of  the  penal  law,
    39  burglary  in  the first degree as defined in section 140.30 of the penal
    40  law, criminal mischief in the third degree as defined in section  145.05
    41  of  the  penal law, criminal mischief in the second degree as defined in
    42  section 145.10 of the penal law, criminal mischief in the  first  degree
    43  as defined in section 145.12 of the penal law, criminal tampering in the
    44  first degree as defined in section 145.20 of the penal law, arson in the
    45  fourth  degree  as  defined in section 150.05 of the penal law, arson in
    46  the third degree as defined in section 150.10 of the penal law, arson in
    47  the second degree as defined in section 150.15 of the penal  law,  arson
    48  in the first degree as defined in section 150.20 of the penal law, grand
    49  larceny  in  the fourth degree as defined in section 155.30 of the penal
    50  law, grand larceny in the third degree as defined in section  155.35  of
    51  the  penal law, grand larceny in the second degree as defined in section
    52  155.40 of the penal law, grand larceny in the first degree as defined in
    53  section 155.42 of the penal law, health care fraud in the fourth  degree
    54  as  defined in section 177.10 of the penal law, health care fraud in the
    55  third degree as defined in section 177.15 of the penal law, health  care
    56  fraud  in  the  second  degree as defined in section 177.20 of the penal

        S. 8279                            15

     1  law, health care fraud in the first degree as defined in section  177.25
     2  of  the  penal  law,  robbery  in the third degree as defined in section
     3  160.05 of the penal law, robbery in the  second  degree  as  defined  in
     4  section  160.10 of the penal law, robbery in the first degree as defined
     5  in section 160.15 of the penal law, unlawful use  of  secret  scientific
     6  material  as  defined  in  section  165.07  of  the  penal law, criminal
     7  possession of stolen property in the fourth degree as defined in section
     8  165.45 of the penal law, criminal possession of stolen property  in  the
     9  third  degree  as  defined  in section 165.50 of the penal law, criminal
    10  possession of stolen property in the second degree as defined by section
    11  165.52 of the penal law, criminal possession of stolen property  in  the
    12  first  degree  as  defined by section 165.54 of the penal law, trademark
    13  counterfeiting in the second degree as defined in section 165.72 of  the
    14  penal  law,  trademark  counterfeiting in the first degree as defined in
    15  section 165.73 of the penal law, forgery in the second degree as defined
    16  in section 170.10 of the penal law,  forgery  in  the  first  degree  as
    17  defined  in  section  170.15  of the penal law, criminal possession of a
    18  forged instrument in the second degree as defined in section  170.25  of
    19  the  penal  law, criminal possession of a forged instrument in the first
    20  degree  as  defined  in  section  170.30  of  the  penal  law,  criminal
    21  possession  of forgery devices as defined in section 170.40 of the penal
    22  law, falsifying business records in  the  first  degree  as  defined  in
    23  section  175.10  of  the penal law, tampering with public records in the
    24  first degree as defined in section 175.25 of the penal law,  offering  a
    25  false  instrument  for  filing in the first degree as defined in section
    26  175.35 of the penal law, issuing  a  false  certificate  as  defined  in
    27  section  175.40  of  the  penal  law, criminal diversion of prescription
    28  medications and prescriptions in the second degree as defined in section
    29  178.20 of the penal law, criminal diversion of prescription  medications
    30  and  prescriptions  in  the first degree as defined in section 178.25 of
    31  the penal law, residential  mortgage  fraud  in  the  fourth  degree  as
    32  defined  in  section 187.10 of the penal law, residential mortgage fraud
    33  in the third degree as defined in section 187.15 of the penal law, resi-
    34  dential mortgage fraud in the second degree as defined in section 187.20
    35  of the penal law, residential mortgage fraud  in  the  first  degree  as
    36  defined  in section 187.25 of the penal law, escape in the second degree
    37  as defined in section 205.10 of the  penal  law,  escape  in  the  first
    38  degree  as  defined  in section 205.15 of the penal law, absconding from
    39  temporary release in the first degree as defined in  section  205.17  of
    40  the  penal  law,  promoting  prison  contraband  in  the first degree as
    41  defined in section 205.25 of the penal law, hindering prosecution in the
    42  second degree as defined in section 205.60 of the penal  law,  hindering
    43  prosecution  in  the  first  degree  as defined in section 205.65 of the
    44  penal law, sex trafficking as defined in section  230.34  of  the  penal
    45  law,  sex  trafficking  of a child as defined in section 230.34-a of the
    46  penal law, criminal possession of  a  weapon  in  the  third  degree  as
    47  defined  in  subdivisions  two,  three and five of section 265.02 of the
    48  penal law, criminal possession of a  weapon  in  the  second  degree  as
    49  defined  in  section  265.03  of the penal law, criminal possession of a
    50  weapon in the first degree as defined in section  265.04  of  the  penal
    51  law,  manufacture,  transport, disposition and defacement of weapons and
    52  dangerous instruments and appliances defined as felonies in subdivisions
    53  one, two, and three of section 265.10 of the penal law, sections 265.11,
    54  265.12 and 265.13 of the penal law, or  prohibited  use  of  weapons  as
    55  defined  in subdivision two of section 265.35 of the penal law, relating
    56  to firearms and other dangerous weapons, criminal manufacture,  sale  or

        S. 8279                            16

     1  transport  of  an  undetectable  firearm, rifle or shotgun as defined in
     2  section 265.50 of the penal law, or failure to disclose the origin of  a
     3  recording  in the first degree as defined in section 275.40 of the penal
     4  law;
     5    § 34. Paragraph (a) of subdivision 2 of section 720.10 of the criminal
     6  procedure law, as amended by chapter 316 of the laws of 2006, is amended
     7  to read as follows:
     8    (a)  the  conviction  to be replaced by a youthful offender finding is
     9  for (i) a class A-I or class A-II felony, or (ii)  an  armed  felony  as
    10  defined  in subdivision forty-one of section 1.20, except as provided in
    11  subdivision three, or (iii) rape in the first degree[,  criminal  sexual
    12  act in the first degree,] or aggravated sexual abuse, except as provided
    13  in subdivision three, or
    14    §  35. Paragraph (a) of subdivision 2 and paragraph (a) of subdivision
    15  3 of section 168-a of the correction law, paragraph (a) of subdivision 2
    16  as amended by chapter 405 of the laws of 2008, subparagraph (i) of para-
    17  graph (a) of subdivision 2 as amended by chapter 189 of the laws of 2018
    18  and paragraph (a) of subdivision 3 as amended by chapter 107 of the laws
    19  of 2006, are amended to read as follows:
    20    (a) (i) a conviction of or a conviction for an attempt to  commit  any
    21  of  the  provisions of sections 120.70, 130.20, 130.25, 130.30, [130.40,
    22  130.45,] 130.60, 230.34, 230.34-a 250.50, 255.25, 255.26 and  255.27  or
    23  article  two  hundred  sixty-three  of the penal law, or section 135.05,
    24  135.10, 135.20 or 135.25 of such law relating  to  kidnapping  offenses,
    25  provided  the  victim of such kidnapping or related offense is less than
    26  seventeen years old and the offender is not the parent of the victim, or
    27  section 230.04, where the person patronized is in fact less than  seven-
    28  teen  years  of age, 230.05, 230.06, 230.11, 230.12, 230.13, subdivision
    29  two of section 230.30, section 230.32, 230.33, or 230.34  of  the  penal
    30  law,  or section 230.25 of the penal law where the person prostituted is
    31  in fact less than seventeen years old, or (ii)  a  conviction  of  or  a
    32  conviction  for  an  attempt  to commit any of the provisions of section
    33  235.22 of the penal law, or (iii) a conviction of or a conviction for an
    34  attempt to commit any provisions of the foregoing sections committed  or
    35  attempted  as a hate crime defined in section 485.05 of the penal law or
    36  as a crime of terrorism defined in section 490.25 of such law  or  as  a
    37  sexually motivated felony defined in section 130.91 of such law; or
    38    (a)  (i)  a conviction of or a conviction for an attempt to commit any
    39  of the provisions of sections 130.35, [130.50,] 130.65, 130.66,  130.67,
    40  130.70,  130.75,  130.80,  130.95 and 130.96 of the penal law, or (ii) a
    41  conviction of or a conviction for  an  attempt  to  commit  any  of  the
    42  provisions  of sections 130.53, 130.65-a and 130.90 of the penal law, or
    43  (iii) a conviction of or a conviction  for  an  attempt  to  commit  any
    44  provisions  of  the  foregoing sections committed or attempted as a hate
    45  crime defined in section 485.05 of the  penal  law  or  as  a  crime  of
    46  terrorism defined in section 490.25 of such law; or
    47    §  36.  Subparagraph (ii) of paragraph (a), subparagraphs (i) and (ii)
    48  of paragraph (b) and paragraph (e) of subdivision 8 of section 384-b  of
    49  the social services law, subparagraph (ii) of paragraph (a) and subpara-
    50  graph  (i)  of  paragraph  (b)  as amended by chapter 430 of the laws of
    51  2013, subparagraph (ii) of paragraph (b) as amended and paragraph (e) as
    52  added by chapter 7 of the laws of 1999, are amended to read as follows:
    53    (ii) the child has been found to be an abused  child,  as  defined  in
    54  paragraph  (iii) of subdivision (e) of section ten hundred twelve of the
    55  family court act, as a result of such parent's acts; provided,  however,
    56  the  respondent must have committed or knowingly allowed to be committed

        S. 8279                            17

     1  a felony sex offense as defined  in  sections  130.25,  130.30,  130.35,
     2  [130.40, 130.45, 130.50,] 130.65, 130.67, 130.70, 130.75, 130.80, 130.95
     3  and  130.96  of  the penal law and, for the purposes of this section the
     4  corroboration requirements contained in the penal law shall not apply to
     5  proceedings under this section; or
     6    (i)  the child has been found to be an abused child, (A) as defined in
     7  paragraph (i) of subdivision (e) of section ten hundred  twelve  of  the
     8  family  court  act, as a result of such parent's acts; or (B) as defined
     9  in paragraph (iii) of subdivision (e) of section ten hundred  twelve  of
    10  the  family  court  act,  as  a  result of such parent's acts; provided,
    11  however, the respondent must have committed or knowingly allowed  to  be
    12  committed  a  felony  sex offense as defined in sections 130.25, 130.30,
    13  130.35,  [130.40,  130.45,  130.50,]  130.65,  130.67,  130.70,  130.75,
    14  130.80, 130.95 and 130.96 of the penal law; and
    15    (ii)  (A)  the child or another child for whose care such parent is or
    16  has been legally responsible has been previously found, within the  five
    17  years  immediately  preceding  the initiation of the proceeding in which
    18  such abuse is found, to be an abused child, as defined in paragraph  (i)
    19  or  (iii) of subdivision (e) of section ten hundred twelve of the family
    20  court act, as a result of such parent's acts; provided, however, in  the
    21  case  of a finding of abuse as defined in paragraph (iii) of subdivision
    22  (e) of section ten hundred twelve of the family court act the respondent
    23  must have committed or knowingly allowed to be committed  a  felony  sex
    24  offense  as defined in sections 130.25, 130.30, 130.35, [130.40, 130.45,
    25  130.50,] 130.65, 130.67, 130.70, 130.75 and 130.80 of the penal law,  or
    26  (B)  the  parent  has  been  convicted  of a crime under section 130.25,
    27  130.30, 130.35, [130.40, 130.45, 130.50,] 130.65, 130.67, 130.70, 130.75
    28  or 130.80 of the penal law against the child, a sibling of the child  or
    29  another  child for whose care such parent is or has been legally respon-
    30  sible, within the five year period immediately preceding the  initiation
    31  of the proceeding in which abuse is found; and
    32    (e) A determination by the court in accordance with article ten of the
    33  family  court  act based upon clear and convincing evidence that a child
    34  was abused (A) as defined in paragraph (i) of subdivision (e) of section
    35  ten hundred twelve of the family court act, as a result of such parent's
    36  acts; or (B) as defined in paragraph (iii) of subdivision (e) of section
    37  ten hundred twelve of the family court act, as a result of such parent's
    38  acts; provided, however, the respondent must have committed or knowingly
    39  allowed to be committed a felony sex  offense  as  defined  in  sections
    40  130.25,  130.30,  130.35,  [130.40,  130.45,  130.50,]  130.65,  130.67,
    41  130.70, 130.75 and 130.80 of the penal  law  shall  establish  that  the
    42  child was an abused child for the purpose of a determination as required
    43  by subparagraph (i) or (ii) of paragraph (b) of this subdivision. Such a
    44  determination  by the court in accordance with article ten of the family
    45  court act based upon a fair preponderance of evidence shall be  admissi-
    46  ble in any proceeding commenced in accordance with this section.
    47    § 37. Paragraphs (a) and (b) of subdivision 4 of section 509-cc of the
    48  vehicle  and traffic law, paragraph (a) as amended by chapter 189 of the
    49  laws of 2018 and paragraph (b) as amended by chapter 400 of the laws  of
    50  2011, are amended to read as follows:
    51    (a)  The offenses referred to in subparagraph (ii) of paragraph (a) of
    52  subdivision one and paragraph (a) of subdivision  two  of  this  section
    53  that  result  in  permanent  disqualification shall include a conviction
    54  under sections 125.12, 125.13, 125.14, 125.15, 125.20,  125.21,  125.22,
    55  125.25,  125.26,  125.27,  130.30,  130.35,  [130.45,  130.50,]  130.65,
    56  130.66, 130.67, 130.70, 130.75, 130.80, 130.90, 130.95, 130.96,  135.25,

        S. 8279                            18

     1  150.20,  230.30,  230.32,  230.34,  230.34-a,  235.22,  263.05,  263.10,
     2  263.11, 263.15, 263.16 of the penal law or an attempt to commit  any  of
     3  the  aforesaid  offenses  under  section 110.00 of the penal law, or any
     4  offenses  committed  under a former section of the penal law which would
     5  constitute violations of the aforesaid sections of the penal law, or any
     6  offenses committed outside this state which would constitute  violations
     7  of the aforesaid sections of the penal law.
     8    (b)  The offenses referred to in subparagraph (ii) of paragraph (a) of
     9  subdivision one and paragraph (b) of subdivision  two  of  this  section
    10  that  result  in  permanent  disqualification shall include a conviction
    11  under sections 100.13, 105.15, 105.17, 115.08, 120.12,  120.70,  125.10,
    12  125.11,  [130.40,]  130.53,  130.60,  130.65-a,  135.20, 160.15, 220.18,
    13  220.21, 220.39, 220.41, 220.43, 220.44, 230.25, 260.00,  265.04  of  the
    14  penal  law  or  an attempt to commit any of the aforesaid offenses under
    15  section 110.00 of the penal law,  or  any  offenses  committed  under  a
    16  former section of the penal law which would constitute violations of the
    17  aforesaid  sections  of the penal law, or any offenses committed outside
    18  this state which would constitute violations of the  aforesaid  sections
    19  of the penal law.
    20    §  38.  Subdivision  (b)  of  section  117 of the family court act, as
    21  amended by chapter 7 of the laws of 2007, is amended to read as follows:
    22    (b) For every juvenile  delinquency  proceeding  under  article  three
    23  involving  an  allegation of an act committed by a person which, if done
    24  by an adult, would be a crime (i) defined in sections 125.27 (murder  in
    25  the first degree); 125.25 (murder in the second degree); 135.25 (kidnap-
    26  ping  in the first degree); or 150.20 (arson in the first degree) of the
    27  penal law committed by a person thirteen, fourteen or fifteen  years  of
    28  age;  or  such  conduct  committed as a sexually motivated felony, where
    29  authorized pursuant to section 130.91 of the penal law; (ii) defined  in
    30  sections  120.10  (assault in the first degree); 125.20 (manslaughter in
    31  the first degree); 130.35 (rape in the first degree); [130.50  (criminal
    32  sexual  act  in  the  first  degree);]  135.20 (kidnapping in the second
    33  degree), but only where the abduction involved the use or threat of  use
    34  of deadly physical force; 150.15 (arson in the second degree); or 160.15
    35  (robbery  in  the  first  degree) of the penal law committed by a person
    36  thirteen, fourteen or fifteen years of age; or such conduct committed as
    37  a sexually motivated felony, where authorized pursuant to section 130.91
    38  of the penal law; (iii) defined in the penal law as an attempt to commit
    39  murder in the first or second degree or kidnapping in the  first  degree
    40  committed  by  a  person  thirteen, fourteen or fifteen years of age; or
    41  such conduct committed as a sexually motivated felony, where  authorized
    42  pursuant  to  section  130.91  of the penal law; (iv) defined in section
    43  140.30 (burglary in the first degree); subdivision one of section 140.25
    44  (burglary in the second  degree);  subdivision  two  of  section  160.10
    45  (robbery  in  the  second degree) of the penal law; or section 265.03 of
    46  the penal law, where such machine gun or such firearm  is  possessed  on
    47  school  grounds,  as  that  phrase is defined in subdivision fourteen of
    48  section 220.00 of the penal  law  committed  by  a  person  fourteen  or
    49  fifteen  years of age; or such conduct committed as a sexually motivated
    50  felony, where authorized pursuant to section 130.91 of  the  penal  law;
    51  (v)  defined  in section 120.05 (assault in the second degree) or 160.10
    52  (robbery in the second degree) of the penal law committed  by  a  person
    53  fourteen  or  fifteen years of age but only where there has been a prior
    54  finding by a court that such person  has  previously  committed  an  act
    55  which,  if  committed  by an adult, would be the crime of assault in the
    56  second degree, robbery in the second degree or any designated felony act

        S. 8279                            19

     1  specified in clause (i), (ii) or (iii) of this subdivision regardless of
     2  the age of such person at the time of the commission of the  prior  act;
     3  or  (vi)  other than a misdemeanor, committed by a person at least seven
     4  but  less  than  sixteen years of age, but only where there has been two
     5  prior findings by the court that such person has committed a  prior  act
     6  which, if committed by an adult would be a felony:
     7    (i) There is hereby established in the family court in the city of New
     8  York at least one "designated felony act part." Such part or parts shall
     9  be held separate from all other proceedings of the court, and shall have
    10  jurisdiction over all proceedings involving such an allegation. All such
    11  proceedings  shall  be originated in or be transferred to this part from
    12  other parts as they are made known to the court.
    13    (ii) Outside the city of New York, all proceedings involving  such  an
    14  allegation  shall  have a hearing preference over every other proceeding
    15  in the court, except proceedings under article ten.
    16    § 39. Paragraph (ii) of subdivision 8 of section 301.2 of  the  family
    17  court  act,  as  amended  by section 57 of part WWW of chapter 59 of the
    18  laws of 2017, is amended to read as follows:
    19    (ii) defined in sections 120.10 (assault in the first degree);  125.20
    20  (manslaughter  in  the first degree); 130.35 (rape in the first degree);
    21  [130.50 (criminal sexual act in the first degree);]  130.70  (aggravated
    22  sexual  abuse  in  the  first  degree); 135.20 (kidnapping in the second
    23  degree) but only where the abduction involved the use or threat  of  use
    24  of  deadly physical force; 150.15 (arson in the second degree) or 160.15
    25  (robbery in the first degree) of the penal law  committed  by  a  person
    26  thirteen,  fourteen,  fifteen, or sixteen, or, commencing October first,
    27  two thousand nineteen, seventeen years of age; or such conduct committed
    28  as a sexually motivated felony, where  authorized  pursuant  to  section
    29  130.91 of the penal law;
    30    §  40.  Subdivision  4  of  section  308.1 of the family court act, as
    31  amended by chapter 264 of the laws  of  2003,  is  amended  to  read  as
    32  follows:
    33    4.  The  probation  service shall not adjust a case in which the child
    34  has allegedly committed a delinquent act which would be a crime  defined
    35  in section 120.25, (reckless endangerment in the first degree), subdivi-
    36  sion one of section 125.15, (manslaughter in the second degree), [subdi-
    37  vision]  subdivisions one, two and three of section 130.25, (rape in the
    38  third degree), [subdivision one of section 130.40, (criminal sexual  act
    39  in the third degree),] subdivision one or two of section 130.65, (sexual
    40  abuse  in  the  first  degree),  section  135.65, (coercion in the first
    41  degree), section 140.20, (burglary in the third degree), section 150.10,
    42  (arson in the third degree),  section  160.05,  (robbery  in  the  third
    43  degree),  subdivision  two,  three  or four of section 265.02, (criminal
    44  possession of a weapon in the third degree), section  265.03,  (criminal
    45  possession of a weapon in the second degree), or section 265.04, (crimi-
    46  nal  possession  of a dangerous weapon in the first degree) of the penal
    47  law where the child has previously had one or more adjustments of a case
    48  in which such child allegedly committed an act which would  be  a  crime
    49  specified  in  this  subdivision unless it has received written approval
    50  from the court and the appropriate presentment agency.
    51    § 41. Subdivision (c) of section 1052 of  the  family  court  act,  as
    52  added by chapter 739 of the laws of 1981, is amended to read as follows:
    53    (c)  Prior to granting an order of disposition pursuant to subdivision
    54  (a) of this section following an adjudication of child abuse, as defined
    55  in paragraph (i) of subdivision (e) of section  ten  hundred  twelve  of
    56  this  act  or  a  finding of a felony sex offense as defined in sections

        S. 8279                            20

     1  130.25, 130.30, 130.35, [130.40, 130.45, 130.50,] 130.65 and  130.70  of
     2  the penal law, the court shall advise the respondent that any subsequent
     3  adjudication  of child abuse, as defined in paragraph (i) of subdivision
     4  (e) of section one thousand twelve of this act or any subsequent finding
     5  of  a  felony  sex offense as defined in those sections of the penal law
     6  herein enumerated, arising out of acts of the respondent may  result  in
     7  the  commitment  of the guardianship and custody of the child or another
     8  child pursuant to section three  hundred  eighty-four-b  of  the  social
     9  services law. The order in such cases shall contain a statement that any
    10  subsequent  adjudication  of  child  abuse  or  finding  of a felony sex
    11  offense as described herein may result in the commitment of the  guardi-
    12  anship  and  custody  of the child, or another child pursuant to section
    13  three hundred eighty-four-b of the social services law.
    14    § 42. Subdivision 2 of section 61 of the civil rights law, as  amended
    15  by  section 54 of subpart B of part C of chapter 62 of the laws of 2011,
    16  is amended to read as follows:
    17    2. If the petitioner stands convicted of a violent felony  offense  as
    18  defined in section 70.02 of the penal law or a felony defined in article
    19  one  hundred  twenty-five of such law or any of the following provisions
    20  of such law sections 130.25, 130.30, [130.40, 130.45,]  255.25,  255.26,
    21  255.27, article two hundred sixty-three, 135.10, 135.25, 230.05, 230.06,
    22  subdivision  two  of section 230.30 or 230.32, and is currently confined
    23  as an inmate in any correctional facility or currently under the  super-
    24  vision  of  the department of corrections and community supervision or a
    25  county probation department as a result of such conviction, the petition
    26  shall for each such conviction specify such felony conviction, the  date
    27  of  such  conviction  or  convictions,  and  the  court  in  which  such
    28  conviction or convictions were entered.
    29    § 43. Subdivision 2 of section 62 of the civil rights law, as  amended
    30  by  section 55 of subpart B of part C of chapter 62 of the laws of 2011,
    31  is amended to read as follows:
    32    2. If the petition be  to  change  the  name  of  a  person  currently
    33  confined  as  an  inmate in any correctional facility or currently under
    34  the supervision of the department of corrections  and  community  super-
    35  vision  or a county probation department as a result of a conviction for
    36  a violent felony offense as defined in section 70.02 of the penal law or
    37  a felony defined in article one hundred twenty-five of such law  or  any
    38  of  the  following  provisions  of  such  law  sections  130.25, 130.30,
    39  [130.40, 130.45,] 255.25, 255.26, 255.27,  article  two  hundred  sixty-
    40  three, 135.10, 135.25, 230.05, 230.06, subdivision two of section 230.30
    41  or 230.32, notice of the time and place when and where the petition will
    42  be  presented  shall  be  served, in like manner as a notice of a motion
    43  upon an attorney in an action, upon the district attorney of every coun-
    44  ty in which such person has been convicted of such felony and  upon  the
    45  court  or  courts  in  which  the  sentence for such felony was entered.
    46  Unless a shorter period of time is ordered by  the  court,  said  notice
    47  shall be served upon each such district attorney and court or courts not
    48  less than sixty days prior to the date on which such petition is noticed
    49  to be heard.
    50    §  44. The closing paragraph of section 64 of the civil rights law, as
    51  separately amended by chapters 258, 320 and 481 of the laws of 2006,  is
    52  amended to read as follows:
    53    Upon  compliance with the order and the filing of the affidavit of the
    54  publication, as provided in this section, the  clerk  of  the  court  in
    55  which  the  order has been entered shall certify that the order has been
    56  complied with; and, if the petition states that  the  petitioner  stands

        S. 8279                            21

     1  convicted of a violent felony offense as defined in section 70.02 of the
     2  penal law or a felony defined in article one hundred twenty-five of such
     3  law  or  any  of  the  following provisions of such law sections 130.25,
     4  130.30,  [130.40,  130.45,]  255.25, 255.26, 255.27, article two hundred
     5  sixty-three, 135.10, 135.25, 230.05, 230.06, subdivision two of  section
     6  230.30  or  230.32, such clerk (1) shall deliver, by first class mail, a
     7  copy of such  certified  order  to  the  division  of  criminal  justice
     8  services at its office in the county of Albany and (2) upon the clerk of
     9  the  court  reviewing  the  petitioner's application for name change and
    10  subsequent in-court inquiry, may, in the clerk's discretion, deliver, by
    11  first class mail, the petitioner's new name with such certified order to
    12  the court of competent jurisdiction which imposed the orders of support.
    13  Such certification shall appear on the original order and on any  certi-
    14  fied  copy  thereof  and  shall be entered in the clerk's minutes of the
    15  proceeding.
    16    § 45. Section 213-c of the civil practice law and rules, as amended by
    17  chapter 315 of the laws of 2019, is amended to read as follows:
    18    § 213-c. Action by  victim  of  conduct  constituting  certain  sexual
    19  offenses.  Notwithstanding  any other limitation set forth in this arti-
    20  cle, except as provided in subdivision (b) of section two hundred  eight
    21  of  this  article,  all  civil claims or causes of action brought by any
    22  person for physical, psychological or other injury or condition suffered
    23  by such person as a result of conduct which would constitute rape in the
    24  first degree as defined in section 130.35 of the penal law, or  rape  in
    25  the second degree as defined in subdivision two of section 130.30 of the
    26  penal  law, or rape in the third degree as defined in subdivision one or
    27  three of section 130.25 of the penal law, [or criminal sexual act in the
    28  first degree as defined in section 130.50 of the penal law, or  criminal
    29  sexual act in the second degree as defined in subdivision two of section
    30  130.45  of  the penal law, or criminal sexual act in the third degree as
    31  defined in subdivision one or three of section 130.40 of the penal law,]
    32  or incest in the first degree as defined in section 255.27 of the  penal
    33  law,  or incest in the second degree as defined in section 255.26 of the
    34  penal law (where the crime committed is rape in  the  second  degree  as
    35  defined  in subdivision two of section 130.30 of the penal law or crimi-
    36  nal sexual act in the second degree as defined  in  subdivision  two  of
    37  section  130.45),  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 against any party whose intentional  or  negli-
    41  gent acts or omissions are alleged to have resulted in the commission of
    42  the  said conduct, within twenty years. Nothing in this section shall be
    43  construed to require that a criminal charge be  brought  or  a  criminal
    44  conviction  be  obtained  as  a  condition  of bringing a civil cause of
    45  action or receiving a civil judgment pursuant  to  this  section  or  be
    46  construed to require that any of the rules governing a criminal proceed-
    47  ing be applicable to any such civil action.
    48    § 46. Paragraph (b) of subdivision 8 of section 215 of the civil prac-
    49  tice  law  and  rules,  as  added  by  chapter 3 of the laws of 2006, is
    50  amended to read as follows:
    51    (b) Whenever it is shown that  a  criminal  action  against  the  same
    52  defendant  has  been  commenced  with respect to the event or occurrence
    53  from which a claim governed by this section arises,  and  such  criminal
    54  action  is  for rape in the first degree as defined in section 130.35 of
    55  the penal law, [or criminal sexual act in the first degree as defined in
    56  section 130.50 of the penal law,] or  aggravated  sexual  abuse  in  the

        S. 8279                            22

     1  first degree as defined in section 130.70 of the penal law, or course of
     2  sexual conduct against a child in the first degree as defined in section
     3  130.75  of  the  penal law, the plaintiff shall have at least five years
     4  from  the  termination of the criminal action as defined in section 1.20
     5  of the criminal procedure law in which to  commence  the  civil  action,
     6  notwithstanding  that  the  time  in  which  to commence such action has
     7  already expired or has less than a year remaining.
     8    § 47. Subdivision 11 of section 123 of  the  agriculture  and  markets
     9  law,  as amended by chapter 392 of the laws of 2004, and such section as
    10  renumbered by section 18 of part T of chapter 59 of the laws of 2010, is
    11  amended to read as follows:
    12    11. The owner shall not be liable pursuant to subdivision six,  seven,
    13  eight,  nine  or ten of this section if the dog was coming to the aid or
    14  defense of a person during the commission or attempted commission  of  a
    15  murder, robbery, burglary, arson, rape in the first degree as defined in
    16  paragraph  (a)  or  (b) of subdivision one [or], paragraph (a) or (b) of
    17  subdivision two or paragraph (a) or (b) of subdivision three of  section
    18  130.35  of  the  penal  law[, criminal sexual act in the first degree as
    19  defined in subdivision one or two of section 130.50 of the penal law] or
    20  kidnapping within the dwelling or upon the real property of the owner of
    21  the dog and the dog injured or killed the person committing such  crimi-
    22  nal activity.
    23    §  48.  Section 4 of the judiciary law, as amended by chapter 1 of the
    24  laws of 2019, is amended to read as follows:
    25    § 4. Sittings of courts to be public.  The  sittings  of  every  court
    26  within  this  state shall be public, and every citizen may freely attend
    27  the same, except that  in  all  proceedings  and  trials  in  cases  for
    28  divorce,  seduction, rape, assault with intent to commit rape, [criminal
    29  sexual act,] bastardy or filiation, the court may,  in  its  discretion,
    30  exclude  therefrom  all persons who are not directly interested therein,
    31  excepting jurors, witnesses, and officers of the court.
    32    § 49. Subdivision 2 of section 120.60 of the penal law, as amended  by
    33  chapter 434 of the laws of 2000, is amended to read as follows:
    34    2. commits a class A misdemeanor defined in article one hundred thirty
    35  of this chapter, or a class E felony defined in section 130.25, [130.40]
    36  or 130.85 of this chapter, or a class D felony defined in section 130.30
    37  [or 130.45] of this chapter.
    38    §  50.  Subdivision 1 of section 210.16 of the criminal procedure law,
    39  as added by chapter 571 of the laws of  2007,  is  amended  to  read  as
    40  follows:
    41    1.  (a)  In a case where an indictment or a superior court information
    42  has been filed with a superior court which charges the defendant with  a
    43  felony  offense  enumerated in any section of article one hundred thirty
    44  of the penal law where an act of "[sexual  intercourse]  vaginal  sexual
    45  contact",  "oral  sexual  [conduct]  contact"  or "anal sexual [conduct]
    46  contact," as those terms are defined in section 130.00 of the penal law,
    47  is required as an essential element  for  the  commission  thereof,  the
    48  court  shall, upon a request of the victim within six months of the date
    49  of the crimes charged, order that the defendant submit to human  immuno-
    50  deficiency  virus (HIV) related testing. Testing of a defendant shall be
    51  ordered when the result would provide medical benefit to the victim or a
    52  psychological benefit to the victim. Medical benefit shall be found when
    53  the following elements are satisfied: (i) a decision  is  pending  about
    54  beginning,  continuing,  or discontinuing a medical intervention for the
    55  victim; and (ii) the result of an HIV test of the accused  could  affect
    56  that  decision, and could provide relevant information beyond that which

        S. 8279                            23

     1  would be provided by an HIV test of the victim. If testing the defendant
     2  would provide medical benefit to the victim or a  psychological  benefit
     3  to  the  victim, then the testing is to be conducted by a state, county,
     4  or  local  public  health officer designated by the order. Test results,
     5  which shall not be disclosed to the court, shall be communicated to  the
     6  defendant  and  the  victim  named  in  the order in accordance with the
     7  provisions of section twenty-seven hundred eighty-five-a of  the  public
     8  health law.
     9    (b)  For  the purposes of this section, the terms "victim" and "appli-
    10  cant" mean the person with whom the defendant is charged to have engaged
    11  in an act of "[sexual intercourse] vaginal sexual contact", "oral sexual
    12  [conduct] contact" or "anal sexual [conduct] contact",  as  those  terms
    13  are  defined in section 130.00 of the penal law, where such conduct with
    14  such victim was the basis for charging the  defendant  with  an  offense
    15  specified in paragraph (a) of this subdivision.
    16    §  51.  Subdivision 1 of section 390.15 of the criminal procedure law,
    17  as amended by chapter 264 of the laws of 2003, is  amended  to  read  as
    18  follows:
    19    1.  (a)  In  any  case  where  the  defendant is convicted of a felony
    20  offense enumerated in any section of article one hundred thirty  of  the
    21  penal  law,  or  any subdivision of section 130.20 of such law, where an
    22  act of "[sexual  intercourse]  vaginal  sexual  contact",  "oral  sexual
    23  [conduct]  contact"  or  "anal sexual [conduct] contact," as those terms
    24  are defined in section 130.00 of the penal law, is required as an essen-
    25  tial element for the commission thereof, the court must, upon a  request
    26  of the victim, order that the defendant submit to human immunodeficiency
    27  (HIV)  related testing. The testing is to be conducted by a state, coun-
    28  ty, or local  public  health  officer  designated  by  the  order.  Test
    29  results,  which  shall  not be disclosed to the court, shall be communi-
    30  cated to the defendant and the victim named in the order  in  accordance
    31  with the provisions of section twenty-seven hundred eighty-five-a of the
    32  public health law, but such results and disclosure need not be completed
    33  prior to the imposition of sentence.
    34    (b)   For  the  purposes  of  this  section,  the  terms  "defendant",
    35  "conviction" and "sentence" mean and include, respectively, an "eligible
    36  youth," a "youthful offender finding" and a "youthful offender sentence"
    37  as those terms are defined in section 720.10 of this chapter.  The  term
    38  "victim"  means  the person with whom the defendant engaged in an act of
    39  "[sexual intercourse] vaginal sexual contact",  "oral  sexual  [conduct]
    40  contact"  or "anal sexual [conduct] contact", as those terms are defined
    41  in section 130.00 of the penal law, where such conduct with such  victim
    42  was  the basis for the defendant's conviction of an offense specified in
    43  paragraph (a) of this subdivision.
    44    § 52. Subdivision 1 of section 347.1  of  the  family  court  act,  as
    45  amended  by  chapter  264  of  the  laws  of 2003, is amended to read as
    46  follows:
    47    1. (a) In any proceeding where the respondent  is  found  pursuant  to
    48  section  345.1  or  346.1  of  this  article, to have committed a felony
    49  offense enumerated in any section of article one hundred thirty  of  the
    50  penal  law,  or any subdivision of section 130.20 of such law, for which
    51  an act of "[sexual intercourse] vaginal sexual  contact",  "oral  sexual
    52  [conduct]  contact"  or  "anal sexual [conduct] contact", as those terms
    53  are defined in section 130.00 of the penal law, is required as an essen-
    54  tial element for the commission thereof, the court must, upon a  request
    55  of the victim, order that the respondent submit to human immunodeficien-
    56  cy  (HIV)  related  testing.  The testing is to be conducted by a state,

        S. 8279                            24

     1  county, or local public health officer designated  by  the  order.  Test
     2  results,  which  shall  not be disclosed to the court, shall be communi-
     3  cated to the respondent and the victim named in the order in  accordance
     4  with the provisions of section twenty-seven hundred eighty-five-a of the
     5  public health law.
     6    (b)  For  the  purposes  of  this section, the term "victim" means the
     7  person with whom the respondent engaged in an  act  of  "[sexual  inter-
     8  course]  vaginal  sexual  contact",  "oral  sexual [conduct] contact" or
     9  "anal sexual [conduct] contact", as those terms are defined  in  section
    10  130.00  of  the  penal  law, where such conduct with such victim was the
    11  basis for the court's finding that the respondent committed acts consti-
    12  tuting one or more of the offenses specified in paragraph  (a)  of  this
    13  subdivision.
    14    §  53.  Subdivision (a) of section 130.16 of the penal law, as amended
    15  by chapter 264 of the laws of 2003, is amended to read as follows:
    16    (a) Establish that an attempt was made to engage the victim in [sexual
    17  intercourse] vaginal sexual contact, oral sexual [conduct] contact, anal
    18  sexual [conduct] contact, or sexual contact, as the case may be, at  the
    19  time of the occurrence; and
    20    §  54. Section 130.20 of the penal law, as amended by chapter 1 of the
    21  laws of 2000, subdivision 2 as amended by chapter 264  of  the  laws  of
    22  2003, is amended to read as follows:
    23  § 130.20 Sexual misconduct.
    24    A person is guilty of sexual misconduct when:
    25    1.  He  or  she engages in [sexual intercourse] vaginal sexual contact
    26  with another person without such person's consent; or
    27    2. He or she engages in oral sexual [conduct or anal  sexual  conduct]
    28  contact with another person without such person's consent; or
    29    3.  He or she engages in anal sexual contact with another person with-
    30  out such person's consent; or
    31    4.  He or she engages in sexual conduct with an animal or a dead human
    32  body.
    33    Sexual misconduct is a class A misdemeanor.
    34    § 55. Paragraphs (a) and (b) of subdivision 1 of section 130.75 of the
    35  penal law, as amended by chapter 264 of the laws of 2003, are amended to
    36  read as follows:
    37    (a) he or she engages in two or more acts  of  sexual  conduct,  which
    38  includes  at  least  one  act  of  [sexual  intercourse]  vaginal sexual
    39  contact, oral sexual [conduct] contact, anal sexual [conduct] contact or
    40  aggravated sexual contact, with a child less than eleven years old; or
    41    (b) he or she, being eighteen years old or more,  engages  in  two  or
    42  more  acts  of sexual conduct, which include at least one act of [sexual
    43  intercourse] vaginal sexual contact, oral sexual [conduct] contact, anal
    44  sexual [conduct] contact or aggravated sexual contact, with a child less
    45  than thirteen years old.
    46    § 56. Subdivision 1 of section 235.00 of the penal law, as amended  by
    47  chapter 264 of the laws of 2003, is amended to read as follows:
    48    1.  "Obscene."  Any  material  or  performance is "obscene" if (a) the
    49  average person, applying contemporary community  standards,  would  find
    50  that  considered  as  a whole, its predominant appeal is to the prurient
    51  interest in sex, and (b) it depicts or describes in a patently offensive
    52  manner,  actual  or  simulated:  [sexual  intercourse]  vaginal   sexual
    53  contact, [criminal sexual act] oral sexual contact, anal sexual contact,
    54  sexual  bestiality,  masturbation,  sadism, masochism, excretion or lewd
    55  exhibition of the genitals, and (c) considered  as  a  whole,  it  lacks
    56  serious literary, artistic, political, and scientific value. Predominant

        S. 8279                            25

     1  appeal  shall  be  judged  with  reference  to ordinary adults unless it
     2  appears from the character of the material or the circumstances  of  its
     3  dissemination to be designed for children or other [specially] especial-
     4  ly susceptible audience.
     5    §  57. Subdivision 2 of section 235.22 of the penal law, as amended by
     6  chapter 264 of the laws of 2003, is amended to read as follows:
     7    2. by means of such communication he importunes, invites or induces  a
     8  minor  to  engage  in  [sexual intercourse] vaginal sexual contact, oral
     9  sexual [conduct] contact or anal sexual  [conduct]  contact,  or  sexual
    10  contact  with  him, or to engage in a sexual performance, obscene sexual
    11  performance, or sexual conduct for his benefit.
    12    § 58. Section 255.25 of the penal law, as amended by  chapter  320  of
    13  the laws of 2006, is amended to read as follows:
    14  § 255.25 Incest in the third degree.
    15    A  person  is  guilty  of  incest  in  the third degree when he or she
    16  marries or engages in [sexual intercourse] vaginal sexual contact,  oral
    17  sexual  [conduct] contact or anal sexual [conduct] contact with a person
    18  whom he or she knows to be  related  to  him  or  her,  whether  through
    19  marriage or not, as an ancestor, descendant, brother or sister of either
    20  the whole or the half blood, uncle, aunt, nephew or niece.
    21    Incest in the third degree is a class E felony.
    22    §  59. Subdivision 3 of section 263.00 of the penal law, as amended by
    23  chapter 264 of the laws of 2003, is amended to read as follows:
    24    3. "Sexual conduct" means actual  or  simulated  [sexual  intercourse]
    25  vaginal  sexual  contact,  oral  sexual  [conduct]  contact, anal sexual
    26  [conduct]contact,  sexual  bestiality,  masturbation,   sado-masochistic
    27  abuse, or lewd exhibition of the genitals.
    28    § 60. Subdivision 3 of section 60.42 of the criminal procedure law, as
    29  amended  by  section  1  of part R of chapter 55 of the laws of 2019, is
    30  amended to read as follows:
    31    3. rebuts evidence introduced by the people of the victim's failure to
    32  engage in [sexual  intercourse]  vaginal  sexual  contact,  oral  sexual
    33  [conduct]  contact,  anal  sexual  [conduct]  contact  or sexual contact
    34  during a given period of time; or
    35    § 61. Subdivision 3 of section 344.4  of  the  family  court  act,  as
    36  amended  by  chapter  264  of  the  laws  of 2003, is amended to read as
    37  follows:
    38    3. rebuts  evidence  introduced  by  the  presentment  agency  of  the
    39  victim's  failure  to  engage  in  [sexual  intercourse]  vaginal sexual
    40  contact, oral sexual [conduct] contact, anal sexual [conduct] contact or
    41  sexual contact during a given period of time; or
    42    § 62. Subdivision 4 of section 170 of the domestic relations  law,  as
    43  amended  by  chapter  264  of  the  laws  of 2003, is amended to read as
    44  follows:
    45    (4) The commission of an act of adultery, provided that  adultery  for
    46  the  purposes  of articles ten, eleven, and eleven-A of this chapter, is
    47  hereby defined as the commission of an act of [sexual intercourse] vagi-
    48  nal sexual  contact,  oral  sexual  [conduct]  contact  or  anal  sexual
    49  [conduct] contact, voluntarily performed by the defendant, with a person
    50  other  than the plaintiff after the marriage of plaintiff and defendant.
    51  Oral sexual [conduct] contact and anal sexual [conduct] contact include,
    52  but are not limited to, sexual conduct as defined in subdivision two  of
    53  section  130.00  and  subdivision  [three] four of section 130.20 of the
    54  penal law.

        S. 8279                            26

     1    § 63.  The first undesignated paragraph of section 135.61 of the penal
     2  law, as added by section 2 of part NN of chapter 55 of the laws of 2018,
     3  is amended to read as follows:
     4    A  person  is  guilty  of coercion in the second degree when he or she
     5  commits the crime of coercion in the third degree as defined in  section
     6  135.60 of this article and thereby compels or induces a person to engage
     7  in  [sexual  intercourse]  vaginal sexual contact, oral sexual [conduct]
     8  contact or anal sexual [conduct] contact as such terms  are  defined  in
     9  section [130 of the penal law] 130.00 of this title.
    10    §  64. The first undesignated paragraph of section 230.11 of the penal
    11  law, as added by chapter 368 of the laws of 2015, is amended to read  as
    12  follows:
    13    A  person is guilty of aggravated patronizing a minor for prostitution
    14  in the third degree when, being twenty-one years old or more, he or  she
    15  patronizes  a  person for prostitution and the person patronized is less
    16  than seventeen years old and the person guilty of patronizing engages in
    17  [sexual intercourse]  vaginal  sexual  contact,  oral  sexual  [conduct]
    18  contact,  anal  sexual [conduct] contact, or aggravated sexual [conduct]
    19  contact as those terms are defined in section 130.00 of this part,  with
    20  the person patronized.
    21    §  65. The first undesignated paragraph of section 230.12 of the penal
    22  law, as added by chapter 368 of the laws of 2015, is amended to read  as
    23  follows:
    24    A  person is guilty of aggravated patronizing a minor for prostitution
    25  in the second degree when, being eighteen years old or more, he  or  she
    26  patronizes  a  person for prostitution and the person patronized is less
    27  than fifteen years old and the person guilty of patronizing  engages  in
    28  [sexual  intercourse]  vaginal  sexual  contact,  oral  sexual [conduct]
    29  contact, anal sexual [conduct] contact, or aggravated  sexual  [conduct]
    30  contact  as those terms are defined in section 130.00 of this part, with
    31  the person patronized.
    32    § 66. The first undesignated paragraph of section 230.13 of the  penal
    33  law, as added by chapter 368 of  the laws of 2015, is amended to read as
    34  follows:
    35    A  person is guilty of aggravated patronizing a minor for prostitution
    36  in the first degree when he or she patronizes a person for  prostitution
    37  and  the person patronized is less than eleven years old, or being eigh-
    38  teen years old or more, he or she patronizes a person  for  prostitution
    39  and  the  person  patronized  is  less  than thirteen years old, and the
    40  person guilty of patronizing engages  in  [sexual  intercourse]  vaginal
    41  sexual  contact,  oral  sexual  [conduct] contact, anal sexual [conduct]
    42  contact, or aggravated sexual  [conduct]  contact  as  those  terms  are
    43  defined in section 130.00 of this part, with the person patronized.
    44    §  67.  Subdivision 4 of section 200 of the domestic relations law, as
    45  amended by chapter 264 of the laws  of  2003,  is  amended  to  read  as
    46  follows:
    47    4. The commission of an act of adultery by the defendant; except where
    48  such  offense  is committed by the procurement or with the connivance of
    49  the plaintiff or where there is voluntary cohabitation  of  the  parties
    50  with  the  knowledge  of  the  offense or where action was not commenced
    51  within five years after the discovery by the plaintiff  of  the  offense
    52  charged  or  where  the plaintiff has also been guilty of adultery under
    53  such circumstances that the defendant would have been entitled, if inno-
    54  cent, to a divorce, provided that adultery  for  the  purposes  of  this
    55  subdivision  is  hereby  defined  as the commission of an act of [sexual
    56  intercourse] vaginal sexual contact, oral sexual  [conduct]  contact  or

        S. 8279                            27

     1  anal  sexual  [conduct] contact, voluntarily performed by the defendant,
     2  with a person other than the plaintiff after the marriage  of  plaintiff
     3  and  defendant.  Oral sexual [conduct] contact and anal sexual [conduct]
     4  contact  include,  but  are not limited to, sexual conduct as defined in
     5  subdivision two of  section  130.00  and  subdivision  [three]  four  of
     6  section 130.20 of the penal law.
     7    §  68. As it pertains to the repealed sections of law, nothing in this
     8  act shall affect a requirement to register pursuant to  article  6-C  of
     9  the  correction law; a lawfully required disclosure of a conviction; any
    10  restriction or prohibition for certain types of employment, housing,  or
    11  government  benefit; or any other ongoing matter related to a conviction
    12  of the sections repealed in this act.
    13    § 69. This act shall take effect January 1, 2021 and  shall  apply  to
    14  any offense on or after such effective date.