STATE OF NEW YORK
        ________________________________________________________________________

                                          1075

                               2021-2022 Regular Sessions

                    IN SENATE

                                     January 6, 2021
                                       ___________

        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     2  REPEALED.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;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02448-01-1

        S. 1075                             2

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

        S. 1075                             3

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

        S. 1075                             4

     1  of age is  criminally  responsible  for  acts  constituting  the  crimes
     2  defined  in  section  135.25  (kidnapping  in  the first degree); 150.20
     3  (arson in the first degree); subdivisions one and two of section  120.10
     4  (assault  in  the  first  degree);  125.20  (manslaughter  in  the first
     5  degree); [subdivisions one and] paragraphs (a) and  (b)  of  subdivision
     6  one,  paragraphs  (a)  and (b) of subdivision two and paragraphs (a) and
     7  (b) of subdivision three of section 130.35 (rape in the  first  degree);
     8  subdivisions  one  and two of section 130.50 (criminal sexual act in the
     9  first degree); 130.70 (aggravated sexual abuse  in  the  first  degree);
    10  140.30 (burglary in the first degree); subdivision one of section 140.25
    11  (burglary  in  the  second degree); 150.15 (arson in the second degree);
    12  160.15 (robbery in the first degree); subdivision two of section  160.10
    13  (robbery  in  the  second  degree) of this chapter; or section 265.03 of
    14  this chapter, where such machine gun or such  firearm  is  possessed  on
    15  school  grounds,  as  that  phrase is defined in subdivision fourteen of
    16  section 220.00 of this chapter; or defined in this chapter as an attempt
    17  to commit murder in the second degree or kidnapping in the first degree,
    18  or for such conduct as a sexually  motivated  felony,  where  authorized
    19  pursuant to section 130.91 of this chapter.
    20    § 8. Paragraph (b) of subdivision 2 of section 35.15 of the penal law,
    21  as  amended  by  chapter  511 of the laws of 2004, is amended to read as
    22  follows:
    23    (b) He or she reasonably believes that such other person is committing
    24  or attempting to commit a kidnapping, forcible rape, [forcible  criminal
    25  sexual act] forcible aggravated sexual abuse, or robbery; or
    26    §  9.    Paragraph  (c) of subdivision 1 of section 70.02 of the penal
    27  law, as amended by chapter 134 of the laws of 2019, is amended  to  read
    28  as follows:
    29    (c)  Class  D violent felony offenses: an attempt to commit any of the
    30  class C felonies set forth in paragraph (b); reckless assault of a child
    31  as defined in section 120.02, assault in the second degree as defined in
    32  section 120.05, menacing a police officer or peace officer as defined in
    33  section 120.18, stalking in the first degree, as defined in  subdivision
    34  one  of section 120.60, strangulation in the second degree as defined in
    35  section 121.12, rape in the second degree as defined in section  130.30,
    36  [criminal sexual act in the second degree as defined in section 130.45,]
    37  sexual abuse in the first degree as defined in section 130.65, course of
    38  sexual  conduct  against  a  child  in  the  second degree as defined in
    39  section 130.80, aggravated sexual abuse in the third degree  as  defined
    40  in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
    41  substance as defined in section 130.90, labor trafficking as defined  in
    42  paragraphs  (a) and (b) of subdivision three of section 135.35, criminal
    43  possession of a weapon in the third degree  as  defined  in  subdivision
    44  five, six, seven, eight, nine or ten of section 265.02, criminal sale of
    45  a firearm in the third degree as defined in section 265.11, intimidating
    46  a  victim  or witness in the second degree as defined in section 215.16,
    47  soliciting or providing support for an act of terrorism  in  the  second
    48  degree  as defined in section 490.10, and making a terroristic threat as
    49  defined in section 490.20, falsely reporting an incident  in  the  first
    50  degree  as  defined in section 240.60, placing a false bomb or hazardous
    51  substance in the first degree as defined in section  240.62,  placing  a
    52  false  bomb  or  hazardous  substance in a sports stadium or arena, mass
    53  transportation facility or enclosed shopping mall as defined in  section
    54  240.63,  aggravated  unpermitted use of indoor pyrotechnics in the first
    55  degree as defined in section 405.18, and criminal manufacture, sale,  or

        S. 1075                             5

     1  transport  of  an  undetectable  firearm, rifle or shotgun as defined in
     2  section 265.50.
     3    § 10. Paragraph b of subdivision 5 of section 120.40 of the penal law,
     4  as  amended  by  chapter  320 of the laws of 2006, is amended to read as
     5  follows:
     6    b. a  crime  defined  in  section  130.20,  130.25,  130.30,  [130.40,
     7  130.45,] 130.55, 130.60, 130.70, 255.25, 255.26 or 255.27;
     8    §  11. Paragraph (d) of subdivision 2 and paragraph (h) of subdivision
     9  3 of section 130.05 of the penal law, paragraph (d) of subdivision 2  as
    10  amended  by chapter 40 of the laws of 2004 and paragraph (h) of subdivi-
    11  sion 3 as amended by section 2 of part G of chapter 501 of the  laws  of
    12  2012, are amended to read as follows:
    13    (d)  Where  the offense charged is rape in the third degree as defined
    14  in [subdivision three] subdivision  seven,  eight  or  nine  of  section
    15  130.25, [or criminal sexual act in the third degree as defined in subdi-
    16  vision  three of section 130.40,] in addition to forcible vaginal sexual
    17  contact compulsion, circumstances under which, at the time of the act of
    18  intercourse, oral sexual [conduct]  contact  or  anal  sexual  [conduct]
    19  contact,  the victim clearly expressed that he or she did not consent to
    20  engage in such act, and a reasonable person  in  the  actor's  situation
    21  would  have  understood such person's words and acts as an expression of
    22  lack of consent to such act under all the circumstances.
    23    (h) a client or patient and the actor is a  health  care  provider  or
    24  mental  health  care  provider  charged with rape in the third degree as
    25  defined in section 130.25, [criminal sexual act in the third  degree  as
    26  defined in section 130.40,] aggravated sexual abuse in the fourth degree
    27  as  defined  in section 130.65-a, or sexual abuse in the third degree as
    28  defined in section 130.55, and the act of sexual conduct occurs during a
    29  treatment session, consultation, interview, or examination; or
    30    § 12. The opening paragraph of subdivision 3 of section 125.25 of  the
    31  penal  law, as amended by chapter 264 of the laws of 2003, is amended to
    32  read as follows:
    33    Acting either alone or with one or more other persons, he  commits  or
    34  attempts  to  commit  robbery,  burglary, kidnapping, arson, rape in the
    35  first degree, [criminal sexual act in the first degree,] sexual abuse in
    36  the first degree, aggravated sexual abuse, escape in the  first  degree,
    37  or escape in the second degree, and, in the course of and in furtherance
    38  of  such  crime or of immediate flight therefrom, he, or another partic-
    39  ipant, if there be any, causes the death of a person other than  one  of
    40  the participants; except that in any prosecution under this subdivision,
    41  in  which  the  defendant was not the only participant in the underlying
    42  crime, it is an affirmative defense that the defendant:
    43    § 13. Subdivision 5 of section 125.25 of the penal law, as amended  by
    44  chapter 320 of the laws of 2006, is amended to read as follows:
    45    5. Being eighteen years old or more, while in the course of committing
    46  rape  in  the first, second or third degree, [criminal sexual act in the
    47  first, second or third degree,] sexual abuse in the first degree, aggra-
    48  vated sexual abuse in the first, second,  third  or  fourth  degree,  or
    49  incest  in the first, second or third degree, against a person less than
    50  fourteen years old, he or she intentionally causes  the  death  of  such
    51  person.
    52    §  14. Subparagraph (vii) of paragraph (a) of subdivision 1 of section
    53  125.27 of the penal law, as amended by chapter 264 of the laws of  2003,
    54  is amended to read as follows:
    55    (vii)  the  victim was killed while the defendant was in the course of
    56  committing or attempting  to  commit  and  in  furtherance  of  robbery,

        S. 1075                             6

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

        S. 1075                             7

     1  (reckless endangerment in the second degree); section  120.25  (reckless
     2  endangerment  in  the  first  degree);  section  120.45 (stalking in the
     3  fourth degree); section 120.50 (stalking in the third  degree);  section
     4  120.55  (stalking in the second degree); section 120.60 (stalking in the
     5  first degree); section 121.11  (criminal  obstruction  of  breathing  or
     6  blood circulation); section 121.12 (strangulation in the second degree);
     7  section  121.13  (strangulation in the first degree); subdivision one of
     8  section 125.15 (manslaughter in the second degree); subdivision one, two
     9  or four of section 125.20 (manslaughter in the  first  degree);  section
    10  125.25  (murder  in  the  second degree); section 130.20 (sexual miscon-
    11  duct); section 130.25 (rape in the third degree); section  130.30  (rape
    12  in  the  second  degree);  section  130.35  (rape  in the first degree);
    13  section 130.40 (criminal sexual act in the third degree); section 130.45
    14  (criminal sexual act in the second  degree);  section  130.50  (criminal
    15  sexual  act  in  the  first degree); section 130.52 (forcible touching);
    16  section 130.53 (persistent sexual abuse); section 130.55  (sexual  abuse
    17  in  the  third  degree);  section  130.60  (sexual  abuse  in the second
    18  degree); section 130.65 (sexual abuse  in  the  first  degree);  section
    19  130.66  (aggravated  sexual  abuse  in the third degree); section 130.67
    20  (aggravated sexual abuse in the second degree); section  130.70  (aggra-
    21  vated  sexual abuse in the first degree); section 130.91 (sexually moti-
    22  vated felony); section 130.95 (predatory sexual assault); section 130.96
    23  (predatory sexual assault against a  child);  section  135.05  (unlawful
    24  imprisonment  in  the second degree); section 135.10 (unlawful imprison-
    25  ment in the  first  degree);  section  135.60  (coercion  in  the  third
    26  degree);  section 135.61 (coercion in the second degree); section 135.65
    27  (coercion in the first degree); section 140.20 (burglary  in  the  third
    28  degree);  section 140.25 (burglary in the second degree); section 140.30
    29  (burglary in the first degree); section 145.00 (criminal mischief in the
    30  fourth degree); section 145.05 (criminal mischief in the third  degree);
    31  section  145.10 (criminal mischief in the second degree); section 145.12
    32  (criminal mischief  in  the  first  degree);  section  145.14  (criminal
    33  tampering in the third degree); section 215.50 (criminal contempt in the
    34  second  degree); section 215.51 (criminal contempt in the first degree);
    35  section 215.52 (aggravated criminal contempt); section  240.25  (harass-
    36  ment  in  the  first  degree);  subdivision  one, two or four of section
    37  240.30 (aggravated harassment in the second degree);  aggravated  family
    38  offense  as  defined  in  this  section  or any attempt or conspiracy to
    39  commit any of the foregoing offenses where the defendant and the  person
    40  against  whom  the offense was committed were members of the same family
    41  or household as defined in subdivision one  of  section  530.11  of  the
    42  criminal procedure law.
    43    §  19. Section 255.26 of the penal law, as added by chapter 320 of the
    44  laws of 2006, is amended to read as follows:
    45  § 255.26 Incest in the second degree.
    46    A person is guilty of incest in the  second  degree  when  he  or  she
    47  commits  the  crime  of rape in the second degree, as defined in section
    48  130.30 of this part, [or criminal sexual act in the  second  degree,  as
    49  defined in section 130.45 of this part,] against a person whom he or she
    50  knows  to  be related to him or her, whether through marriage or not, as
    51  an ancestor, descendant, brother or sister of either the  whole  or  the
    52  half blood, uncle, aunt, nephew or niece.
    53    Incest in the second degree is a class D felony.
    54    §  20. Section 255.27 of the penal law, as added by chapter 320 of the
    55  laws of 2006, is amended to read as follows:
    56  § 255.27 Incest in the first degree.

        S. 1075                             8

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

        S. 1075                             9

     1  section 240.25 (harassment in the first degree); subdivision one, two or
     2  four of section 240.30 (aggravated harassment  in  the  second  degree);
     3  section  490.10 (soliciting or providing support for an act of terrorism
     4  in  the  second degree); section 490.15 (soliciting or providing support
     5  for an act of terrorism in the first degree); section 490.20  (making  a
     6  terroristic threat); section 490.25 (crime of terrorism); section 490.30
     7  (hindering  prosecution  of  terrorism  in  the  second degree); section
     8  490.35 (hindering prosecution of terrorism in the first degree); section
     9  490.37 (criminal possession of a chemical weapon or biological weapon in
    10  the third degree); section 490.40 (criminal  possession  of  a  chemical
    11  weapon or biological weapon in the second degree); section 490.45 (crim-
    12  inal  possession  of a chemical weapon or biological weapon in the first
    13  degree); section 490.47 (criminal use of a chemical weapon or biological
    14  weapon in the third degree); section 490.50 (criminal use of a  chemical
    15  weapon or biological weapon in the second degree); section 490.55 (crim-
    16  inal use of a chemical weapon or biological weapon in the first degree);
    17  or any attempt or conspiracy to commit any of the foregoing offenses.
    18    § 22. Subdivision 42 of section 1.20 of the criminal procedure law, as
    19  amended by chapter 7 of the laws of 2007, is amended to read as follows:
    20    42.  "Juvenile offender" means (1) a person, thirteen years old who is
    21  criminally responsible for acts constituting murder in the second degree
    22  as defined in subdivisions one and two of section 125.25  of  the  penal
    23  law,  or  such  conduct as a sexually motivated felony, where authorized
    24  pursuant to section 130.91 of the penal law; and (2) a  person  fourteen
    25  or fifteen years old who is criminally responsible for acts constituting
    26  the crimes defined in subdivisions one and two of section 125.25 (murder
    27  in  the second degree) and in subdivision three of such section provided
    28  that the underlying crime for the murder charge is one  for  which  such
    29  person  is  criminally  responsible;  section  135.25 (kidnapping in the
    30  first degree); 150.20 (arson in the first degree); subdivisions one  and
    31  two of section 120.10 (assault in the first degree); 125.20 (manslaught-
    32  er  in  the first degree); [subdivisions one and] paragraphs (a) and (b)
    33  of subdivision one, paragraphs (a) and (b) of subdivision two and  para-
    34  graphs  (a)  and (b) of subdivision three of section 130.35 (rape in the
    35  first degree); [subdivisions one and two  of  section  130.50  (criminal
    36  sexual act in the first degree);] 130.70 (aggravated sexual abuse in the
    37  first degree); 140.30 (burglary in the first degree); subdivision one of
    38  section  140.25  (burglary  in  the second degree); 150.15 (arson in the
    39  second degree); 160.15 (robbery in the first degree); subdivision two of
    40  section 160.10 (robbery in the second  degree)  of  the  penal  law;  or
    41  section  265.03 of the penal law, where such machine gun or such firearm
    42  is possessed on school grounds, as that phrase is defined in subdivision
    43  fourteen of section 220.00 of the penal law; or defined in the penal law
    44  as an attempt to commit murder in the second degree or kidnapping in the
    45  first degree, or such conduct as  a  sexually  motivated  felony,  where
    46  authorized pursuant to section 130.91 of the penal law.
    47    §  23.  Paragraphs (a) and (b) of subdivision 1, the opening paragraph
    48  of subdivision 2 and paragraph (a) of subdivision 3 of section 140.20 of
    49  the criminal procedure law, paragraphs (a) and (b) of subdivision  1  as
    50  amended  by  chapter  324  of the laws of 1988, the opening paragraph of
    51  subdivision 2 and paragraph (a) of subdivision 3 as amended  by  chapter
    52  550 of the laws of 1987, are amended to read as follows:
    53    (a)  If  the  arrest is for an offense other than a class A, B, C or D
    54  felony or a violation  of  section  130.25,  [130.40,]  205.10,  205.17,
    55  205.19  or  215.56  of  the  penal law committed in a town, but not in a
    56  village thereof having a village court, and the town court of such  town

        S. 1075                            10

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

        S. 1075                            11

     1    § 27. Subdivision (a) of section 190.71 of the criminal procedure law,
     2  as  amended  by  chapter  7  of  the laws of 2007, is amended to read as
     3  follows:
     4    (a)  Except  as  provided in subdivision six of section 200.20 of this
     5  chapter, a grand jury may not indict (i) a person thirteen years of  age
     6  for any conduct or crime other than conduct constituting a crime defined
     7  in  subdivisions  one  and  two  of section 125.25 (murder in the second
     8  degree) or such conduct as a sexually motivated felony, where authorized
     9  pursuant to section 130.91 of the penal law; (ii) a person  fourteen  or
    10  fifteen years of age for any conduct or crime other than conduct consti-
    11  tuting  a  crime  defined  in subdivisions one and two of section 125.25
    12  (murder in the second degree) and in subdivision three of  such  section
    13  provided  that  the  underlying  crime  for the murder charge is one for
    14  which such person is criminally responsible; 135.25 (kidnapping  in  the
    15  first  degree); 150.20 (arson in the first degree); subdivisions one and
    16  two of section 120.10 (assault in the first degree); 125.20 (manslaught-
    17  er in the first degree); [subdivisions one and] paragraphs (a)  and  (b)
    18  of  subdivision one, paragraphs (a) and (b) of subdivision two and para-
    19  graphs (a) and (b) of subdivision three of section 130.35 (rape  in  the
    20  first  degree);  [subdivisions  one  and two of section 130.50 (criminal
    21  sexual act in the first degree);] 130.70 (aggravated sexual abuse in the
    22  first degree); 140.30 (burglary in the first degree); subdivision one of
    23  section 140.25 (burglary in the second degree);  150.15  (arson  in  the
    24  second degree); 160.15 (robbery in the first degree); subdivision two of
    25  section  160.10 (robbery in the second degree) of the penal law; [subdi-
    26  vision four of section 265.02 of the penal law, where  such  firearm  is
    27  possessed  on  school  grounds, as that phrase is defined in subdivision
    28  fourteen of section 220.00 of the penal law;] or section 265.03  of  the
    29  penal law, where such machine gun or such firearm is possessed on school
    30  grounds,  as  that  phrase is defined in subdivision fourteen of section
    31  220.00 of the penal law; or defined in the penal law as  an  attempt  to
    32  commit murder in the second degree or kidnapping in the first degree, or
    33  such  conduct  as a sexually motivated felony, where authorized pursuant
    34  to section 130.91 of the penal law.
    35    § 28. Subdivision 4 of section 722.20 of the criminal  procedure  law,
    36  as  added  by section 1-a of part WWW of chapter 59 of the laws of 2017,
    37  is amended to read as follows:
    38    4. Notwithstanding the provisions of subdivisions  two  and  three  of
    39  this  section, the court shall, at the request of the district attorney,
    40  order removal of an action against a juvenile  offender  to  the  family
    41  court pursuant to the provisions of article seven hundred twenty-five of
    42  this  title if, upon consideration of the criteria specified in subdivi-
    43  sion two of section 722.22 of this article, it is determined that to  do
    44  so  would  be  in  the  interests of justice. Where, however, the felony
    45  complaint charges the juvenile offender with murder in the second degree
    46  as defined in section 125.25 of the penal law, rape in the first  degree
    47  as  defined in paragraph (a) of subdivision one, paragraph (a) of subdi-
    48  vision two and paragraph (a) of subdivision three of section  130.35  of
    49  the  penal  law,  [criminal sexual act in the first degree as defined in
    50  subdivision one of section 130.50 of the penal law,] or an armed  felony
    51  as  defined in paragraph (a) of subdivision forty-one of section 1.20 of
    52  this chapter, a determination that such action be removed to the  family
    53  court  shall, in addition, be based upon a finding of one or more of the
    54  following factors: (i) mitigating circumstances that bear directly  upon
    55  the manner in which the crime was committed; or (ii) where the defendant
    56  was not the sole participant in the crime, the defendant's participation

        S. 1075                            12

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

        S. 1075                            13

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

        S. 1075                            14

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

        S. 1075                            15

     1  third  degree as defined in section 177.15 of the penal law, health care
     2  fraud in the second degree as defined in section  177.20  of  the  penal
     3  law,  health care fraud in the first degree as defined in section 177.25
     4  of  the  penal  law,  robbery  in the third degree as defined in section
     5  160.05 of the penal law, robbery in the  second  degree  as  defined  in
     6  section  160.10 of the penal law, robbery in the first degree as defined
     7  in section 160.15 of the penal law, unlawful use  of  secret  scientific
     8  material  as  defined  in  section  165.07  of  the  penal law, criminal
     9  possession of stolen property in the fourth degree as defined in section
    10  165.45 of the penal law, criminal possession of stolen property  in  the
    11  third  degree  as  defined  in section 165.50 of the penal law, criminal
    12  possession of stolen property in the second degree as defined by section
    13  165.52 of the penal law, criminal possession of stolen property  in  the
    14  first  degree  as  defined by section 165.54 of the penal law, trademark
    15  counterfeiting in the second degree as defined in section 165.72 of  the
    16  penal  law,  trademark  counterfeiting in the first degree as defined in
    17  section 165.73 of the penal law, forgery in the second degree as defined
    18  in section 170.10 of the penal law,  forgery  in  the  first  degree  as
    19  defined  in  section  170.15  of the penal law, criminal possession of a
    20  forged instrument in the second degree as defined in section  170.25  of
    21  the  penal  law, criminal possession of a forged instrument in the first
    22  degree  as  defined  in  section  170.30  of  the  penal  law,  criminal
    23  possession  of forgery devices as defined in section 170.40 of the penal
    24  law, falsifying business records in  the  first  degree  as  defined  in
    25  section  175.10  of  the penal law, tampering with public records in the
    26  first degree as defined in section 175.25 of the penal law,  offering  a
    27  false  instrument  for  filing in the first degree as defined in section
    28  175.35 of the penal law, issuing  a  false  certificate  as  defined  in
    29  section  175.40  of  the  penal  law, criminal diversion of prescription
    30  medications and prescriptions in the second degree as defined in section
    31  178.20 of the penal law, criminal diversion of prescription  medications
    32  and  prescriptions  in  the first degree as defined in section 178.25 of
    33  the penal law, residential  mortgage  fraud  in  the  fourth  degree  as
    34  defined  in  section 187.10 of the penal law, residential mortgage fraud
    35  in the third degree as defined in section 187.15 of the penal law, resi-
    36  dential mortgage fraud in the second degree as defined in section 187.20
    37  of the penal law, residential mortgage fraud  in  the  first  degree  as
    38  defined  in section 187.25 of the penal law, escape in the second degree
    39  as defined in section 205.10 of the  penal  law,  escape  in  the  first
    40  degree  as  defined  in section 205.15 of the penal law, absconding from
    41  temporary release in the first degree as defined in  section  205.17  of
    42  the  penal  law,  promoting  prison  contraband  in  the first degree as
    43  defined in section 205.25 of the penal law, hindering prosecution in the
    44  second degree as defined in section 205.60 of the penal  law,  hindering
    45  prosecution  in  the  first  degree  as defined in section 205.65 of the
    46  penal law, sex trafficking as defined in section  230.34  of  the  penal
    47  law,  sex  trafficking  of a child as defined in section 230.34-a of the
    48  penal law, criminal possession of  a  weapon  in  the  third  degree  as
    49  defined  in  subdivisions  two,  three and five of section 265.02 of the
    50  penal law, criminal possession of a  weapon  in  the  second  degree  as
    51  defined  in  section  265.03  of the penal law, criminal possession of a
    52  weapon in the first degree as defined in section  265.04  of  the  penal
    53  law,  manufacture,  transport, disposition and defacement of weapons and
    54  dangerous instruments and appliances defined as felonies in subdivisions
    55  one, two, and three of section 265.10 of the penal law, sections 265.11,
    56  265.12 and 265.13 of the penal law, or  prohibited  use  of  weapons  as

        S. 1075                            16

     1  defined  in subdivision two of section 265.35 of the penal law, relating
     2  to firearms and other dangerous weapons, criminal manufacture,  sale  or
     3  transport  of  an  undetectable  firearm, rifle or shotgun as defined in
     4  section  265.50 of the penal law, or failure to disclose the origin of a
     5  recording in the first degree as defined in section 275.40 of the  penal
     6  law;
     7    § 34. Paragraph (a) of subdivision 2 of section 720.10 of the criminal
     8  procedure law, as amended by chapter 316 of the laws of 2006, is amended
     9  to read as follows:
    10    (a)  the  conviction  to be replaced by a youthful offender finding is
    11  for (i) a class A-I or class A-II felony, or (ii)  an  armed  felony  as
    12  defined  in subdivision forty-one of section 1.20, except as provided in
    13  subdivision three, or (iii) rape in the first degree[,  criminal  sexual
    14  act in the first degree,] or aggravated sexual abuse, except as provided
    15  in subdivision three, or
    16    §  35. Paragraph (a) of subdivision 2 and paragraph (a) of subdivision
    17  3 of section 168-a of the correction law, paragraph (a) of subdivision 2
    18  as amended by chapter 405 of the laws of 2008, subparagraph (i) of para-
    19  graph (a) of subdivision 2 as amended by chapter 189 of the laws of 2018
    20  and paragraph (a) of subdivision 3 as amended by chapter 107 of the laws
    21  of 2006, are amended to read as follows:
    22    (a) (i) a conviction of or a conviction for an attempt to  commit  any
    23  of  the  provisions of sections 120.70, 130.20, 130.25, 130.30, [130.40,
    24  130.45,] 130.60, 230.34, 230.34-a 250.50, 255.25, 255.26 and  255.27  or
    25  article  two  hundred  sixty-three  of the penal law, or section 135.05,
    26  135.10, 135.20 or 135.25 of such law relating  to  kidnapping  offenses,
    27  provided  the  victim of such kidnapping or related offense is less than
    28  seventeen years old and the offender is not the parent of the victim, or
    29  section 230.04, where the person patronized is in fact less than  seven-
    30  teen  years  of age, 230.05, 230.06, 230.11, 230.12, 230.13, subdivision
    31  two of section 230.30, section 230.32, 230.33, or 230.34  of  the  penal
    32  law,  or section 230.25 of the penal law where the person prostituted is
    33  in fact less than seventeen years old, or (ii)  a  conviction  of  or  a
    34  conviction  for  an  attempt  to commit any of the provisions of section
    35  235.22 of the penal law, or (iii) a conviction of or a conviction for an
    36  attempt to commit any provisions of the foregoing sections committed  or
    37  attempted  as a hate crime defined in section 485.05 of the penal law or
    38  as a crime of terrorism defined in section 490.25 of such law  or  as  a
    39  sexually motivated felony defined in section 130.91 of such law; or
    40    (a)  (i)  a conviction of or a conviction for an attempt to commit any
    41  of the provisions of sections 130.35, [130.50,] 130.65, 130.66,  130.67,
    42  130.70,  130.75,  130.80,  130.95 and 130.96 of the penal law, or (ii) a
    43  conviction of or a conviction for  an  attempt  to  commit  any  of  the
    44  provisions  of sections 130.53, 130.65-a and 130.90 of the penal law, or
    45  (iii) a conviction of or a conviction  for  an  attempt  to  commit  any
    46  provisions  of  the  foregoing sections committed or attempted as a hate
    47  crime defined in section 485.05 of the  penal  law  or  as  a  crime  of
    48  terrorism defined in section 490.25 of such law; or
    49    §  36.  Subparagraph (ii) of paragraph (a), subparagraphs (i) and (ii)
    50  of paragraph (b) and paragraph (e) of subdivision 8 of section 384-b  of
    51  the social services law, subparagraph (ii) of paragraph (a) and subpara-
    52  graph  (i)  of  paragraph  (b)  as amended by chapter 430 of the laws of
    53  2013, subparagraph (ii) of paragraph (b) as amended and paragraph (e) as
    54  added by chapter 7 of the laws of 1999, are amended to read as follows:
    55    (ii) the child has been found to be an abused  child,  as  defined  in
    56  paragraph  (iii) of subdivision (e) of section ten hundred twelve of the

        S. 1075                            17

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

        S. 1075                            18

     1  125.25,  125.26,  125.27,  130.30,  130.35,  [130.45,  130.50,]  130.65,
     2  130.66,  130.67, 130.70, 130.75, 130.80, 130.90, 130.95, 130.96, 135.25,
     3  150.20,  230.30,  230.32,  230.34,  230.34-a,  235.22,  263.05,  263.10,
     4  263.11,  263.15,  263.16 of the penal law or an attempt to commit any of
     5  the aforesaid offenses under section 110.00 of the  penal  law,  or  any
     6  offenses  committed  under a former section of the penal law which would
     7  constitute violations of the aforesaid sections of the penal law, or any
     8  offenses committed outside this state which would constitute  violations
     9  of the aforesaid sections of the penal law.
    10    (b)  The offenses referred to in subparagraph (ii) of paragraph (a) of
    11  subdivision one and paragraph (b) of subdivision  two  of  this  section
    12  that  result  in  permanent  disqualification shall include a conviction
    13  under sections 100.13, 105.15, 105.17, 115.08, 120.12,  120.70,  125.10,
    14  125.11,  [130.40,]  130.53,  130.60,  130.65-a,  135.20, 160.15, 220.18,
    15  220.21, 220.39, 220.41, 220.43, 220.44, 230.25, 260.00,  265.04  of  the
    16  penal  law  or  an attempt to commit any of the aforesaid offenses under
    17  section 110.00 of the penal law,  or  any  offenses  committed  under  a
    18  former section of the penal law which would constitute violations of the
    19  aforesaid  sections  of the penal law, or any offenses committed outside
    20  this state which would constitute violations of the  aforesaid  sections
    21  of the penal law.
    22    §  38.  Subdivision  (b)  of  section  117 of the family court act, as
    23  amended by chapter 7 of the laws of 2007, is amended to read as follows:
    24    (b) For every juvenile  delinquency  proceeding  under  article  three
    25  involving  an  allegation of an act committed by a person which, if done
    26  by an adult, would be a crime (i) defined in sections 125.27 (murder  in
    27  the first degree); 125.25 (murder in the second degree); 135.25 (kidnap-
    28  ping  in the first degree); or 150.20 (arson in the first degree) of the
    29  penal law committed by a person thirteen, fourteen or fifteen  years  of
    30  age;  or  such  conduct  committed as a sexually motivated felony, where
    31  authorized pursuant to section 130.91 of the penal law; (ii) defined  in
    32  sections  120.10  (assault in the first degree); 125.20 (manslaughter in
    33  the first degree); 130.35 (rape in the first degree); [130.50  (criminal
    34  sexual  act  in  the  first  degree);]  135.20 (kidnapping in the second
    35  degree), but only where the abduction involved the use or threat of  use
    36  of deadly physical force; 150.15 (arson in the second degree); or 160.15
    37  (robbery  in  the  first  degree) of the penal law committed by a person
    38  thirteen, fourteen or fifteen years of age; or such conduct committed as
    39  a sexually motivated felony, where authorized pursuant to section 130.91
    40  of the penal law; (iii) defined in the penal law as an attempt to commit
    41  murder in the first or second degree or kidnapping in the  first  degree
    42  committed  by  a  person  thirteen, fourteen or fifteen years of age; or
    43  such conduct committed as a sexually motivated felony, where  authorized
    44  pursuant  to  section  130.91  of the penal law; (iv) defined in section
    45  140.30 (burglary in the first degree); subdivision one of section 140.25
    46  (burglary in the second  degree);  subdivision  two  of  section  160.10
    47  (robbery  in  the  second degree) of the penal law; or section 265.03 of
    48  the penal law, where such machine gun or such firearm  is  possessed  on
    49  school  grounds,  as  that  phrase is defined in subdivision fourteen of
    50  section 220.00 of the penal  law  committed  by  a  person  fourteen  or
    51  fifteen  years of age; or such conduct committed as a sexually motivated
    52  felony, where authorized pursuant to section 130.91 of  the  penal  law;
    53  (v)  defined  in section 120.05 (assault in the second degree) or 160.10
    54  (robbery in the second degree) of the penal law committed  by  a  person
    55  fourteen  or  fifteen years of age but only where there has been a prior
    56  finding by a court that such person  has  previously  committed  an  act

        S. 1075                            19

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

        S. 1075                            20

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

        S. 1075                            21

     1  which the order has been entered shall certify that the order  has  been
     2  complied  with;  and,  if the petition states that the petitioner stands
     3  convicted of a violent felony offense as defined in section 70.02 of the
     4  penal law or a felony defined in article one hundred twenty-five of such
     5  law  or  any  of  the  following provisions of such law sections 130.25,
     6  130.30, [130.40, 130.45,] 255.25, 255.26, 255.27,  article  two  hundred
     7  sixty-three,  135.10, 135.25, 230.05, 230.06, subdivision two of section
     8  230.30 or 230.32, such clerk (1) shall deliver, by first class  mail,  a
     9  copy  of  such  certified  order  to  the  division  of criminal justice
    10  services at its office in the county of Albany and (2) upon the clerk of
    11  the court reviewing the petitioner's application  for  name  change  and
    12  subsequent in-court inquiry, may, in the clerk's discretion, deliver, by
    13  first class mail, the petitioner's new name with such certified order to
    14  the court of competent jurisdiction which imposed the orders of support.
    15  Such  certification shall appear on the original order and on any certi-
    16  fied copy thereof and shall be entered in the  clerk's  minutes  of  the
    17  proceeding.
    18    § 45. Section 213-c of the civil practice law and rules, as amended by
    19  chapter 315 of the laws of 2019, is amended to read as follows:
    20    §  213-c.  Action  by  victim  of  conduct constituting certain sexual
    21  offenses. Notwithstanding any other limitation set forth in  this  arti-
    22  cle,  except as provided in subdivision (b) of section two hundred eight
    23  of this article, all civil claims or causes of  action  brought  by  any
    24  person for physical, psychological or other injury or condition suffered
    25  by such person as a result of conduct which would constitute rape in the
    26  first  degree  as defined in section 130.35 of the penal law, or rape in
    27  the second degree as defined in subdivision two of section 130.30 of the
    28  penal law, or rape in the third degree as defined in subdivision one  or
    29  three of section 130.25 of the penal law, [or criminal sexual act in the
    30  first  degree as defined in section 130.50 of the penal law, or criminal
    31  sexual act in the second degree as defined in subdivision two of section
    32  130.45 of the penal law, or criminal sexual act in the third  degree  as
    33  defined in subdivision one or three of section 130.40 of the penal law,]
    34  or  incest in the first degree as defined in section 255.27 of the penal
    35  law, or incest in the second degree as defined in section 255.26 of  the
    36  penal  law  (where  the  crime committed is rape in the second degree as
    37  defined in subdivision two of section 130.30 of the penal law or  crimi-
    38  nal  sexual  act  in  the second degree as defined in subdivision two of
    39  section 130.45), or aggravated sexual  abuse  in  the  first  degree  as
    40  defined  in section 130.70 of the penal law, or course of sexual conduct
    41  against a child in the first degree as defined in section 130.75 of  the
    42  penal  law  may be brought against any party whose intentional or negli-
    43  gent acts or omissions are alleged to have resulted in the commission of
    44  the said conduct, within twenty years. Nothing in this section shall  be
    45  construed  to  require  that  a criminal charge be brought or a criminal
    46  conviction be obtained as a condition  of  bringing  a  civil  cause  of
    47  action  or  receiving  a  civil  judgment pursuant to this section or be
    48  construed to require that any of the rules governing a criminal proceed-
    49  ing be applicable to any such civil action.
    50    § 46. Paragraph (b) of subdivision 8 of section 215 of the civil prac-
    51  tice law and rules, as added by chapter  3  of  the  laws  of  2006,  is
    52  amended to read as follows:
    53    (b)  Whenever  it  is  shown  that  a criminal action against the same
    54  defendant has been commenced with respect to  the  event  or  occurrence
    55  from  which  a  claim governed by this section arises, and such criminal
    56  action is for rape in the first degree as defined in section  130.35  of

        S. 1075                            22

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

        S. 1075                            23

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

        S. 1075                            24

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

        S. 1075                            25

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

        S. 1075                            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. 1075                            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, 2022 and  shall  apply  to
    14  any offense on or after such effective date.