S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        3515--A
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   February 5, 2013
                                      ___________
       Introduced  by Sens. YOUNG, GOLDEN, BOYLE, ESPAILLAT, LARKIN, RANZENHOF-
         ER, ZELDIN -- read twice and ordered printed, and when printed  to  be
         committed to the Committee on Codes -- recommitted to the Committee on
         Codes   in  accordance  with  Senate  Rule  6,  sec.  8  --  committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee
       AN ACT  to  amend  the  penal  law,  the  criminal  procedure  law,  the
         correction  law, the social services law, the vehicle and traffic law,
         the family court act, the civil rights law, the civil practice law and
         rules and  the  agriculture  and  markets  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, 130.50, 130.65-a, 130.66, 130.67
    2  and 130.70 of the penal law are REPEALED.
    3    S 2. Paragraph 2 of subdivision 18 of section 10.00 of the penal  law,
    4  as  amended  by  chapter  7  of  the laws of 2007, is amended to read as
    5  follows:
    6    (2) a person fourteen or fifteen years old who is criminally responsi-
    7  ble for acts constituting the crimes defined in subdivisions one and two
    8  of section 125.25 (murder in the second degree) and in subdivision three
    9  of such section provided that the underlying crime for the murder charge
   10  is one for which such person is criminally responsible;  section  135.25
   11  (kidnapping  in  the  first degree); 150.20 (arson in the first degree);
   12  [subdivisions one and two  of  section  120.10  (assault  in  the  first
   13  degree);  125.20  (manslaughter  in the first degree); [subdivisions one
   14  and] PARAGRAPHS (A) AND (B) OF SUBDIVISION ONE AND  SUBDIVISION  two  of
   15  section  130.35 (rape in the first degree); [subdivisions one and two of
   16  section 130.50 (criminal sexual act in the first degree); 130.70 (aggra-
   17  vated sexual abuse in the first degree);] 140.30 (burglary in the  first
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02734-10-4
       S. 3515--A                          2
    1  degree);  subdivision  one  of  section  140.25  (burglary in the second
    2  degree); 150.15 (arson in the second degree);  160.15  (robbery  in  the
    3  first  degree); subdivision two of section 160.10 (robbery in the second
    4  degree)  of  this chapter; or section 265.03 of this chapter, where such
    5  machine gun or such firearm is possessed  on  school  grounds,  as  that
    6  phrase  is  defined  in  subdivision  fourteen of section 220.00 of this
    7  chapter; or defined in this chapter as an attempt to  commit  murder  in
    8  the  second degree or kidnapping in the first degree, or such conduct as
    9  a sexually motivated felony, where authorized pursuant to section 130.91
   10  of [the penal law] THIS CHAPTER.
   11    S 3. Subdivision 2 of section 30.00 of the penal law,  as  amended  by
   12  chapter 7 of the laws of 2007, is amended to read as follows:
   13    2.  A  person thirteen, fourteen or fifteen years of age is criminally
   14  responsible for acts constituting murder in the second degree as defined
   15  in subdivisions one and two of section 125.25 and in  subdivision  three
   16  of such section provided that the underlying crime for the murder charge
   17  is  one  for  which  such  person  is criminally responsible or for such
   18  conduct as a sexually motivated felony,  where  authorized  pursuant  to
   19  section  130.91  [of  the  penal  law]; and a person fourteen or fifteen
   20  years of age is criminally responsible for acts constituting the  crimes
   21  defined  in  section  135.25  (kidnapping  in  the first degree); 150.20
   22  (arson in the first degree); subdivisions one and two of section  120.10
   23  (assault  in  the  first  degree);  125.20  (manslaughter  in  the first
   24  degree); [subdivisions one and] PARAGRAPHS (A) AND  (B)  OF  SUBDIVISION
   25  ONE  AND  SUBDIVISION  two of section 130.35 (rape in the first degree);
   26  [subdivisions one and two of section 130.50 (criminal sexual act in  the
   27  first  degree);  130.70  (aggravated sexual abuse in the first degree);]
   28  140.30 (burglary in the first degree); subdivision one of section 140.25
   29  (burglary in the second degree); 150.15 (arson in  the  second  degree);
   30  160.15  (robbery in the first degree); subdivision two of section 160.10
   31  (robbery in the second degree) of this chapter;  or  section  265.03  of
   32  this  chapter,  where  such  machine gun or such firearm is possessed on
   33  school grounds, as that phrase is defined  in  subdivision  fourteen  of
   34  section 220.00 of this chapter; or defined in this chapter as an attempt
   35  to commit murder in the second degree or kidnapping in the first degree,
   36  or  for  such  conduct  as a sexually motivated felony, where authorized
   37  pursuant to section 130.91 of [the penal law] OF THIS CHAPTER.
   38    S 4. Paragraphs (a), (b), (c) and (d)  of  subdivision  1  of  section
   39  70.02  of  the penal law, paragraph (a) as amended by chapter 320 of the
   40  laws of 2006, paragraphs (b) and (c) as amended by chapter 1 of the laws
   41  of 2013, and paragraph (d) as amended by chapter 7 of the laws of  2007,
   42  are amended to read as follows:
   43    (a)  Class  B  violent felony offenses: an attempt to commit the class
   44  A-I felonies of murder in  the  second  degree  as  defined  in  section
   45  125.25, kidnapping in the first degree as defined in section 135.25, and
   46  arson  in the first degree as defined in section 150.20; manslaughter in
   47  the first degree as defined in section 125.20,  aggravated  manslaughter
   48  in  the  first  degree  as  defined in section 125.22, rape in the first
   49  degree as defined in section 130.35, [criminal sexual act in  the  first
   50  degree  as  defined  in  section  130.50, aggravated sexual abuse in the
   51  first degree as defined in section 130.70,]  course  of  sexual  conduct
   52  against  a  child  in  the  first  degree  as defined in section 130.75;
   53  assault in the first degree as defined in section 120.10, kidnapping  in
   54  the  second  degree  as defined in section 135.20, burglary in the first
   55  degree as defined in section 140.30,  arson  in  the  second  degree  as
   56  defined  in  section  150.15,  robbery in the first degree as defined in
       S. 3515--A                          3
    1  section 160.15, incest in the first degree as defined in section 255.27,
    2  criminal possession of a weapon  in  the  first  degree  as  defined  in
    3  section 265.04, criminal use of a firearm in the first degree as defined
    4  in  section  265.09,  criminal  sale of a firearm in the first degree as
    5  defined in section 265.13, aggravated assault upon a police officer or a
    6  peace officer as defined in section 120.11, gang assault  in  the  first
    7  degree as defined in section 120.07, intimidating a victim or witness in
    8  the  first degree as defined in section 215.17, hindering prosecution of
    9  terrorism in the first degree as defined  in  section  490.35,  criminal
   10  possession  of  a  chemical  weapon  or  biological weapon in the second
   11  degree as defined in section 490.40, and  criminal  use  of  a  chemical
   12  weapon  or  biological  weapon in the third degree as defined in section
   13  490.47 AND ANY OFFENSES COMMITTED UNDER A FORMER SECTION OF ARTICLE  ONE
   14  HUNDRED THIRTY OF THIS CHAPTER WHICH WOULD CONSTITUTE A VIOLATION OF THE
   15  AFORESAID SECTIONS OF THIS CHAPTER.
   16    (b)  Class  C violent felony offenses: an attempt to commit any of the
   17  class B felonies set forth in paragraph (a) of this subdivision;  aggra-
   18  vated criminally negligent homicide as defined in section 125.11, aggra-
   19  vated  manslaughter  in  the second degree as defined in section 125.21,
   20  [aggravated sexual abuse in the second  degree  as  defined  in  section
   21  130.67]  RAPE IN THE SECOND DEGREE AS DEFINED IN SECTION 130.33, assault
   22  on a  peace  officer,  police  officer,  fireman  or  emergency  medical
   23  services  professional  as defined in section 120.08, assault on a judge
   24  as defined in section 120.09, gang  assault  in  the  second  degree  as
   25  defined  in section 120.06, strangulation in the first degree as defined
   26  in section 121.13, burglary in the second degree as defined  in  section
   27  140.25, robbery in the second degree as defined in section 160.10, crim-
   28  inal  possession  of a weapon in the second degree as defined in section
   29  265.03, criminal use of a firearm in the second  degree  as  defined  in
   30  section  265.08,  criminal  sale  of  a  firearm in the second degree as
   31  defined in section 265.12, criminal sale of a firearm with the aid of  a
   32  minor  as defined in section 265.14, aggravated criminal possession of a
   33  weapon as defined in section 265.19, soliciting or providing support for
   34  an act of terrorism in the first degree as defined  in  section  490.15,
   35  hindering  prosecution  of  terrorism in the second degree as defined in
   36  section 490.30, and criminal possession of a chemical weapon or  biolog-
   37  ical  weapon  in  the  third degree as defined in section 490.37 AND ANY
   38  OFFENSES COMMITTED UNDER A FORMER SECTION OF ARTICLE ONE HUNDRED  THIRTY
   39  OF  THIS  CHAPTER  WHICH  WOULD  CONSTITUTE A VIOLATION OF THE AFORESAID
   40  SECTIONS OF THIS CHAPTER.
   41    (c) Class D violent felony offenses: an attempt to commit any  of  the
   42  class C felonies set forth in paragraph (b); reckless assault of a child
   43  as defined in section 120.02, assault in the second degree as defined in
   44  section 120.05, menacing a police officer or peace officer as defined in
   45  section  120.18, stalking in the first degree, as defined in subdivision
   46  one of section 120.60, strangulation in the second degree as defined  in
   47  section  121.12, rape in the [second] THIRD degree as defined in section
   48  130.30, [criminal sexual act in the second degree as defined in  section
   49  130.45,]  sexual abuse in the first degree as defined in section 130.65,
   50  course of sexual conduct against a child in the second degree as defined
   51  in section 130.80, [aggravated sexual  abuse  in  the  third  degree  as
   52  defined in section 130.66,] facilitating a sex offense with a controlled
   53  substance  as defined in section 130.90, criminal possession of a weapon
   54  in the third degree as defined in subdivision five, six,  seven,  eight,
   55  nine  or  ten of section 265.02, criminal sale of a firearm in the third
   56  degree as defined in section 265.11, intimidating a victim or witness in
       S. 3515--A                          4
    1  the second degree as defined in section 215.16, soliciting or  providing
    2  support  for  an  act  of  terrorism  in the second degree as defined in
    3  section 490.10, and making a terroristic threat as  defined  in  section
    4  490.20,  falsely reporting an incident in the first degree as defined in
    5  section 240.60, placing a false bomb or hazardous substance in the first
    6  degree as defined in section 240.62, placing a false bomb  or  hazardous
    7  substance  in a sports stadium or arena, mass transportation facility or
    8  enclosed shopping mall as defined in section 240.63, [and] OR aggravated
    9  unpermitted use of indoor pyrotechnics in the first degree as defined in
   10  section 405.18 AND ANY OFFENSES COMMITTED  UNDER  A  FORMER  SECTION  OF
   11  ARTICLE  ONE  HUNDRED  THIRTY  OF  THIS CHAPTER WHICH WOULD CONSTITUTE A
   12  VIOLATION OF THE AFORESAID SECTIONS OF THIS CHAPTER.
   13    (d) Class E violent felony offenses: an attempt to commit any  of  the
   14  felonies  of  criminal  possession  of  a  weapon in the third degree as
   15  defined in subdivision five, six, seven or eight of section 265.02 as  a
   16  lesser  included offense of that section as defined in section 220.20 of
   17  the criminal procedure  law,  persistent  sexual  abuse  as  defined  in
   18  section 130.53, [aggravated sexual abuse in the fourth degree as defined
   19  in  section  130.65-a,] RAPE IN THE FOURTH DEGREE AS DEFINED IN SUBDIVI-
   20  SIONS FOUR AND FIVE OF SECTION 130.25, falsely reporting an incident  in
   21  the  second  degree  as defined in section 240.55 [and], placing a false
   22  bomb or hazardous substance in the second degree as defined  in  section
   23  240.61  AND ANY OFFENSES COMMITTED UNDER A FORMER SECTION OF ARTICLE ONE
   24  HUNDRED THIRTY OF THIS CHAPTER WHICH WOULD CONSTITUTE A VIOLATION OF THE
   25  AFORESAID SECTIONS OF THIS CHAPTER.
   26    S 5. Paragraph b of subdivision 5 of section 120.40 of the penal  law,
   27  as  amended  by  chapter  320 of the laws of 2006, is amended to read as
   28  follows:
   29    b. a  crime  defined  in  section  130.20,  130.25,  130.30,  [130.40,
   30  130.45,] 130.55, 130.60, [130.70,] 255.25, 255.26 or 255.27;
   31    S 6. Paragraph (d) of subdivision 2 and paragraph (h) of subdivision 3
   32  of  section  130.05  of the penal law, paragraph (d) of subdivision 2 as
   33  amended by chapter 40 of the laws of 2004 and paragraph (h) of  subdivi-
   34  sion  3  as amended by section 2 of part G of chapter 501 of the laws of
   35  2012, are amended to read as follows:
   36    (d) Where the offense charged is rape in the [third] FOURTH degree  as
   37  defined  in subdivision three of section 130.25, [or criminal sexual act
   38  in the third degree as defined in subdivision three of section  130.40,]
   39  in  addition  to  forcible compulsion, circumstances under which, at the
   40  time of the act of intercourse,  oral  sexual  conduct  or  anal  sexual
   41  conduct,  the victim clearly expressed that he or she did not consent to
   42  engage in such act, and a reasonable person  in  the  actor's  situation
   43  would  have  understood such person's words and acts as an expression of
   44  lack of consent to such act under all the circumstances.
   45    (h) a client or patient and the actor is a  health  care  provider  or
   46  mental  health  care  provider  charged  with rape in the [third] FOURTH
   47  degree as defined in section 130.25, [criminal sexual act in  the  third
   48  degree  as  defined  in  section  130.40, aggravated sexual abuse in the
   49  fourth degree as defined in section 130.65-a,] or sexual  abuse  in  the
   50  third degree as defined in section 130.55, and the act of sexual conduct
   51  occurs  during a treatment session, consultation, interview, or examina-
   52  tion; or
   53    S 7. Subdivision 3 of section 130.10 of the penal law, as  amended  by
   54  chapter 264 of the laws of 2003, is amended to read as follows:
   55    3.  In  any  prosecution  for  the crime of rape in the [third] FOURTH
   56  degree as defined in section 130.25, [criminal sexual act in  the  third
       S. 3515--A                          5
    1  degree  as  defined  in  section  130.40, aggravated sexual abuse in the
    2  fourth degree as defined in section 130.65-a,] or sexual  abuse  in  the
    3  third degree as defined in section 130.55 in which incapacity to consent
    4  is  based on the circumstances set forth in paragraph (h) of subdivision
    5  three of section 130.05 of this  article  it  shall  be  an  affirmative
    6  defense  that  the  client  or patient consented to such conduct charged
    7  after having been expressly advised by the health care or mental  health
    8  care  provider  that  such conduct was not performed for a valid medical
    9  purpose.
   10    S 8. Section 130.25 of the penal law, as amended by chapter 1  of  the
   11  laws of 2000, is amended to read as follows:
   12  S 130.25 Rape in the [third] FOURTH degree.
   13    A person is guilty of rape in the [third] FOURTH degree when:
   14    1.  He  or  she engages in sexual intercourse, ORAL SEXUAL CONDUCT, OR
   15  ANAL SEXUAL CONDUCT with another person who is incapable of  consent  by
   16  reason of some factor other than being less than seventeen years old;
   17    2.  Being  twenty-one  years  old or more, he or she engages in sexual
   18  intercourse, ORAL SEXUAL CONDUCT, OR ANAL SEXUAL  CONDUCT  with  another
   19  person less than seventeen years old; [or]
   20    3.  He  or  she engages in sexual intercourse, ORAL SEXUAL CONDUCT, OR
   21  ANAL SEXUAL CONDUCT with another person without  such  person's  consent
   22  where  such lack of consent is by reason of some factor other than inca-
   23  pacity to consent[.];
   24    4. HE OR SHE INSERTS A FOREIGN OBJECT IN THE VAGINA,  URETHRA,  PENIS,
   25  RECTUM  OR  ANUS  OF ANOTHER PERSON AND THE OTHER PERSON IS INCAPABLE OF
   26  CONSENT BY REASON OF SOME FACTOR OTHER THAN BEING  LESS  THAN  SEVENTEEN
   27  YEARS OLD; OR
   28    5. HE OR SHE INSERTS A FINGER IN THE VAGINA, URETHRA, PENIS, RECTUM OR
   29  ANUS  OF  ANOTHER PERSON CAUSING PHYSICAL INJURY TO SUCH PERSON AND SUCH
   30  PERSON IS INCAPABLE OF CONSENT BY REASON OF SOME FACTOR OTHER THAN BEING
   31  LESS THAN SEVENTEEN YEARS OLD.
   32    CONDUCT PERFORMED FOR A VALID MEDICAL PURPOSE  DOES  NOT  VIOLATE  THE
   33  PROVISIONS OF SUBDIVISIONS FOUR AND FIVE OF THIS SECTION.
   34    Rape in the [third] FOURTH degree is a class E felony.
   35    S  9.  Section 130.30 of the penal law, as amended by chapter 1 of the
   36  laws of 2000, is amended to read as follows:
   37  S 130.30 Rape in the [second] THIRD degree.
   38    A person is guilty of rape in the [second] THIRD degree when:
   39    1. being eighteen years old or more,  he  or  she  engages  in  sexual
   40  intercourse,  ORAL  SEXUAL  CONDUCT, OR ANAL SEXUAL CONDUCT with another
   41  person less than fifteen years old; [or]
   42    2. he or she engages in sexual intercourse, ORAL  SEXUAL  CONDUCT,  OR
   43  ANAL  SEXUAL  CONDUCT with another person who is incapable of consent by
   44  reason of being mentally disabled or mentally incapacitated[.];
   45    3. HE OR SHE INSERTS A FOREIGN OBJECT IN THE VAGINA,  URETHRA,  PENIS,
   46  RECTUM OR ANUS OF ANOTHER PERSON:
   47    (A) BY FORCIBLE COMPULSION; OR
   48    (B)  WHEN  THE OTHER PERSON IS INCAPABLE OF CONSENT BY REASON OF BEING
   49  PHYSICALLY HELPLESS; OR
   50    (C) WHEN THE OTHER PERSON IS LESS THAN ELEVEN YEARS OLD; OR
   51    4. HE OR SHE INSERTS A FOREIGN OBJECT IN THE VAGINA,  URETHRA,  PENIS,
   52  RECTUM  OR ANUS OF ANOTHER PERSON CAUSING PHYSICAL INJURY TO SUCH PERSON
   53  AND SUCH PERSON IS INCAPABLE OF CONSENT  BY  REASON  OF  BEING  MENTALLY
   54  DISABLED OR MENTALLY INCAPACITATED.
   55    CONDUCT  PERFORMED FOR A VALID MEDICAL PURPOSE DOES NOT VIOLATE SUBDI-
   56  VISIONS THREE AND FOUR OF THIS SECTION.
       S. 3515--A                          6
    1    It shall be an affirmative  defense  to  the  crime  of  rape  in  the
    2  [second] THIRD degree as defined in subdivision one of this section that
    3  the defendant was less than four years older than the victim at the time
    4  of the act.
    5    Rape in the [second] THIRD degree is a class D felony.
    6    S  10. The penal law is amended by adding a new section 130.33 to read
    7  as follows:
    8  S 130.33 RAPE IN THE SECOND DEGREE.
    9    A PERSON IS GUILTY OF RAPE IN THE SECOND DEGREE WHEN HE OR SHE INSERTS
   10  A FINGER IN THE VAGINA, URETHRA, PENIS, RECTUM OR ANUS OF ANOTHER PERSON
   11  CAUSING PHYSICAL INJURY TO SUCH PERSON:
   12    1. BY FORCIBLE COMPULSION; OR
   13    2. WHEN THE OTHER PERSON IS INCAPABLE OF CONSENT BY  REASON  OF  BEING
   14  PHYSICALLY HELPLESS; OR
   15    3. WHEN THE OTHER PERSON IS LESS THAN ELEVEN YEARS OLD.
   16    CONDUCT  PERFORMED  FOR  A  VALID MEDICAL PURPOSE DOES NOT VIOLATE THE
   17  PROVISIONS OF THIS SECTION.
   18    RAPE IN THE SECOND DEGREE IS A CLASS C FELONY.
   19    S 11. Section 130.35 of the penal law, as amended by chapter 1 of  the
   20  laws of 2000, is amended to read as follows:
   21  S 130.35 Rape in the first degree.
   22    A person is guilty of rape in the first degree when:
   23    1.  he  or  she engages in sexual intercourse, ORAL SEXUAL CONDUCT, OR
   24  ANAL SEXUAL CONDUCT with another person:
   25    [1.] (A) By forcible compulsion; or
   26    [2.] (B) Who is incapable of consent by  reason  of  being  physically
   27  helpless; or
   28    [3.] (C) Who is less than eleven years old; or
   29    [4.] (D) Who is less than thirteen years old and the actor is eighteen
   30  years old or more[.];
   31    2.  HE  OR SHE INSERTS A FOREIGN OBJECT IN THE VAGINA, URETHRA, PENIS,
   32  RECTUM OR ANUS OF ANOTHER PERSON CAUSING PHYSICAL INJURY TO SUCH PERSON:
   33    (A) BY FORCIBLE COMPULSION; OR
   34    (B) WHEN THE OTHER PERSON IS INCAPABLE OF CONSENT BY REASON  OF  BEING
   35  PHYSICALLY HELPLESS; OR
   36    (C) WHEN THE OTHER PERSON IS LESS THAN ELEVEN YEARS OLD.
   37    CONDUCT  PERFORMED FOR A VALID MEDICAL PURPOSE DOES NOT VIOLATE SUBDI-
   38  VISION TWO OF THIS SECTION.
   39    Rape in the first degree is a class B felony.
   40    S 12. Section 255.26 of the penal law, as added by chapter 320 of  the
   41  laws of 2006, is amended to read as follows:
   42  S 255.26 Incest in the second degree.
   43    A  person  is  guilty  of  incest  in the second degree when he or she
   44  commits the crime of rape in the [second] THIRD degree,  as  defined  in
   45  section  130.30  of  this  part,  [or  criminal sexual act in the second
   46  degree, as defined in section 130.45 of this  part,]  against  a  person
   47  whom  he  or  she  knows  to  be  related to him or her, whether through
   48  marriage or not, as an ancestor, descendant, brother or sister of either
   49  the whole or the half blood, uncle, aunt, nephew or niece.
   50    Incest in the second degree is a class D felony.
   51    S 13. Section 255.27 of the penal law, as added by chapter 320 of  the
   52  laws of 2006, is amended to read as follows:
   53  S 255.27 Incest in the first degree.
   54    A  person  is  guilty  of  incest  in  the first degree when he or she
   55  commits the crime of rape in the first degree, as defined  in  PARAGRAPH
   56  (C)  OR (D) OF subdivision [three or four] ONE of section 130.35 of this
       S. 3515--A                          7
    1  part[, or criminal sexual act in the first degree, as defined in  subdi-
    2  vision  three  or four of section 130.50 of this part,] against a person
    3  whom he or she knows to be  related  to  him  or  her,  whether  through
    4  marriage or not, as an ancestor, descendant, brother or sister of either
    5  the whole or half blood, uncle, aunt, nephew or niece.
    6    Incest in the first degree is a class B felony.
    7    S  14. Subdivision 3 of section 485.05 of the penal law, as amended by
    8  chapter 405 of the laws of 2010, is amended to read as follows:
    9    3. A "specified offense" is an offense defined by any of the following
   10  provisions of  this  chapter:  section  120.00  (assault  in  the  third
   11  degree);  section  120.05 (assault in the second degree); section 120.10
   12  (assault in the first degree); section 120.12 (aggravated assault upon a
   13  person less than eleven years old);  section  120.13  (menacing  in  the
   14  first  degree);  section 120.14 (menacing in the second degree); section
   15  120.15 (menacing in the third degree); section 120.20  (reckless  endan-
   16  germent  in the second degree); section 120.25 (reckless endangerment in
   17  the first degree); section 121.12 (strangulation in the second  degree);
   18  section  121.13  (strangulation in the first degree); subdivision one of
   19  section 125.15 (manslaughter in the second degree); subdivision one, two
   20  or four of section 125.20 (manslaughter in the  first  degree);  section
   21  125.25  (murder  in  the second degree); section 120.45 (stalking in the
   22  fourth degree); section 120.50 (stalking in the third  degree);  section
   23  120.55  (stalking in the second degree); section 120.60 (stalking in the
   24  first degree); SUBDIVISION ONE OF SECTION 130.33  (RAPE  IN  THE  SECOND
   25  DEGREE);  PARAGRAPH (A) OF subdivision one AND PARAGRAPH (A) OF SUBDIVI-
   26  SION TWO of section 130.35 (rape in the first degree); [subdivision  one
   27  of  section  130.50 (criminal sexual act in the first degree);] subdivi-
   28  sion one of section 130.65 (sexual abuse in the  first  degree);  [para-
   29  graph  (a) of subdivision one of section 130.67 (aggravated sexual abuse
   30  in the second degree); paragraph  (a)  of  subdivision  one  of  section
   31  130.70  (aggravated  sexual  abuse in the first degree);] section 135.05
   32  (unlawful imprisonment in the second degree); section  135.10  (unlawful
   33  imprisonment  in  the  first  degree); section 135.20 (kidnapping in the
   34  second degree); section 135.25 (kidnapping in the first degree); section
   35  135.60 (coercion in the second degree); section 135.65 (coercion in  the
   36  first  degree);  section 140.10 (criminal trespass in the third degree);
   37  section 140.15 (criminal trespass in the second degree); section  140.17
   38  (criminal trespass in the first degree); section 140.20 (burglary in the
   39  third  degree);  section 140.25 (burglary in the second degree); section
   40  140.30 (burglary in the first degree); section 145.00 (criminal mischief
   41  in the fourth degree); section 145.05 (criminal mischief  in  the  third
   42  degree);  section  145.10  (criminal  mischief  in  the  second degree);
   43  section 145.12 (criminal mischief in the first degree);  section  150.05
   44  (arson  in  the  fourth  degree);  section  150.10  (arson  in the third
   45  degree); section 150.15 (arson in the  second  degree);  section  150.20
   46  (arson  in  the  first  degree); section 155.25 (petit larceny); section
   47  155.30 (grand larceny in  the  fourth  degree);  section  155.35  (grand
   48  larceny  in  the  third  degree);  section  155.40 (grand larceny in the
   49  second degree); section 155.42 (grand  larceny  in  the  first  degree);
   50  section 160.05 (robbery in the third degree); section 160.10 (robbery in
   51  the  second  degree);  section  160.15  (robbery  in  the first degree);
   52  section 240.25 (harassment in the first degree); subdivision one, two or
   53  four of section 240.30 (aggravated harassment in the second degree);  or
   54  any attempt or conspiracy to commit any of the foregoing offenses.
   55    S 15. Subdivision 42 of section 1.20 of the criminal procedure law, as
   56  amended by chapter 7 of the laws of 2007, is amended to read as follows:
       S. 3515--A                          8
    1    42.  "Juvenile offender" means (1) a person, thirteen years old who is
    2  criminally responsible for acts constituting murder in the second degree
    3  as defined in subdivisions one and two of section 125.25  of  the  penal
    4  law,  or  such  conduct as a sexually motivated felony, where authorized
    5  pursuant  to  section 130.91 of the penal law; and (2) a person fourteen
    6  or fifteen years old who is criminally responsible for acts constituting
    7  the crimes defined in subdivisions one and two of section 125.25 (murder
    8  in the second degree) and in subdivision three of such section  provided
    9  that  the  underlying  crime for the murder charge is one for which such
   10  person is criminally responsible;  section  135.25  (kidnapping  in  the
   11  first  degree); 150.20 (arson in the first degree); subdivisions one and
   12  two of section 120.10 (assault in the first degree); 125.20 (manslaught-
   13  er in the first degree); [subdivisions one and] PARAGRAPHS (A)  AND  (B)
   14  OF  SUBDIVISION  ONE  AND SUBDIVISION two of section 130.35 (rape in the
   15  first degree); [subdivisions one and two  of  section  130.50  (criminal
   16  sexual  act in the first degree); 130.70 (aggravated sexual abuse in the
   17  first degree);] 140.30 (burglary in the first degree);  subdivision  one
   18  of  section 140.25 (burglary in the second degree); 150.15 (arson in the
   19  second degree); 160.15 (robbery in the first degree); subdivision two of
   20  section 160.10 (robbery in the second  degree)  of  the  penal  law;  or
   21  section  265.03 of the penal law, where such machine gun or such firearm
   22  is possessed on school grounds, as that phrase is defined in subdivision
   23  fourteen of section 220.00 of the penal law; or defined in the penal law
   24  as an attempt to commit murder in the second degree or kidnapping in the
   25  first degree, or such conduct as  a  sexually  motivated  felony,  where
   26  authorized pursuant to section 130.91 of the penal law.
   27    S  16. Paragraph (a) of subdivision 2 of section 30.10 of the criminal
   28  procedure law, as amended by chapter 467 of the laws of 2008, is amended
   29  to read as follows:
   30    (a) A prosecution for a class A felony, or rape in the first degree as
   31  defined in section 130.35 of the penal  law,  [or  a  crime  defined  or
   32  formerly defined in section 130.50 of the penal law, or aggravated sexu-
   33  al  abuse  in the first degree as defined in section 130.70 of the penal
   34  law,] or course of sexual conduct against a child in the first degree as
   35  defined in section 130.75 of the penal law may be commenced at any time;
   36    S 17. Paragraphs (a) and (b) of subdivision 1, the  opening  paragraph
   37  of subdivision 2 and paragraph (a) of subdivision 3 of section 140.20 of
   38  the  criminal  procedure law, paragraphs (a) and (b) of subdivision 1 as
   39  amended by chapter 324 of the laws of 1988,  the  opening  paragraph  of
   40  subdivision  2  and paragraph (a) of subdivision 3 as amended by chapter
   41  550 of the laws of 1987, are amended to read as follows:
   42    (a) If the arrest is for an offense other than a class A, B,  C  or  D
   43  felony  or  a  violation  of  SUBDIVISION  ONE,  TWO OR THREE OF section
   44  130.25, [130.40,]  OR SECTION 205.10, 205.17, 205.19 or  215.56  of  the
   45  penal  law  committed  in  a town, but not in a village thereof having a
   46  village court, and the town court of such town is not available  at  the
   47  time, the arrested person may be brought before the local criminal court
   48  of any village within such town or, any adjoining town, village embraced
   49  in  whole or in part by such adjoining town, or city of the same county;
   50  and
   51    (b) If the arrest is for an offense other than a class A, B,  C  or  D
   52  felony  or  a  violation  of  SUBDIVISION  ONE,  TWO OR THREE OF section
   53  130.25, [130.40,] OR SECTION 205.10, 205.17, 205.19  or  215.56  of  the
   54  penal  law  committed in a village having a village court and such court
   55  is not available at the time, the arrested person may be brought  before
   56  the  town  court of the town embracing such village or any other village
       S. 3515--A                          9
    1  court within such town, or, if such town or village court is not  avail-
    2  able  either,  before  the  local  criminal court of any adjoining town,
    3  village embraced in whole or in part by such adjoining town, or city  of
    4  the same county; and
    5    If the arrest is for an offense other than a class A, B, C or D felony
    6  or  a  violation  of  SUBDIVISION  ONE,  TWO OR THREE OF section 130.25,
    7  [130.40,] OR SECTION 205.10, 205.17, 205.19 or 215.56 of the penal  law,
    8  the arrested person need not be brought before a local criminal court as
    9  provided  in  subdivision  one,  and  the  procedure  may  instead be as
   10  follows:
   11    (a) the arrest is for an offense other than a class A, B, C or D felo-
   12  ny or a violation of SUBDIVISION ONE, TWO OR THREE  OF  section  130.25,
   13  [130.40,]  OR SECTION 205.10, 205.17, 205.19 or 215.56 of the penal law,
   14  and
   15    S 18. Paragraph (a) of subdivision 3  and  the  opening  paragraph  of
   16  subdivision  4  of  section  140.27  of  the  criminal procedure law, as
   17  amended by chapter 550 of the laws of  1987,  are  amended  to  read  as
   18  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 SUBDIVISION ONE, TWO OR THREE OF section 130.25,
   21  [130.40,] OR SECTION 205.10, 205.17, 205.19 or 215.56 of the  penal  law
   22  and
   23    If the arrest is for an offense other than a class A, B, C or D felony
   24  or  a  violation  of  SUBDIVISION  ONE,  TWO OR THREE OF section 130.25,
   25  [130.40,] OR SECTION 205.10, 205.17, 205.19 or 215.56 of the penal  law,
   26  the arrested person need not be brought before a local criminal court as
   27  provided  in  subdivision  two,  and  the  procedure  may  instead be as
   28  follows:
   29    S 19. Paragraph (a) of subdivision 2  and  the  opening  paragraph  of
   30  subdivision  3  of  section  140.40  of  the  criminal procedure law, as
   31  amended by chapter 550 of the laws of  1987,  are  amended  to  read  as
   32  follows:
   33    (a) the arrest is for an offense other than a class A, B, C or D felo-
   34  ny  or  a  violation of SUBDIVISION ONE, TWO OR THREE OF section 130.25,
   35  [130.40,] OR SECTION 205.10, 205.17, 205.19 or 215.56 of the  penal  law
   36  and
   37    If the arrest is for an offense other than a class A, B, C or D felony
   38  or  a  violation  of  SUBDIVISION  ONE,  TWO OR THREE OF section 130.25,
   39  [130.40,] OR SECTION 205.10, 205.17, 205.19 or 215.56 of the penal  law,
   40  the  arrested  person need not be brought before a local criminal court,
   41  as provided in subdivision one, and the  procedure  may  instead  be  as
   42  follows:
   43    S  20. Section 150.20 of the criminal procedure law, subdivisions 1, 2
   44  and 3 as amended by chapter 550 of the laws of 1987, is amended to  read
   45  as follows:
   46  S 150.20 Appearance ticket; when and by whom issuable.
   47    1.  Whenever a police officer is authorized pursuant to section 140.10
   48  to arrest a person without a warrant for an offense other than  a  class
   49  A,  B,  C or D felony or a violation of SUBDIVISION ONE, TWO OR THREE OF
   50  section 130.25, [130.40,] OR SECTION 205.10, 205.17, 205.19 or 215.56 of
   51  the penal law, he may, subject to the provisions of  subdivisions  three
   52  and  four of section 150.40, instead issue to and serve upon such person
   53  an appearance ticket.
   54    2. (a)  Whenever a police officer has  arrested  a  person  without  a
   55  warrant  for  an  offense  other  than  a class A, B, C or D felony or a
   56  violation of SUBDIVISION ONE, TWO OR THREE OF section 130.25,  [130.40,]
       S. 3515--A                         10
    1  OR SECTION 205.10, 205.17, 205.19 or 215.56 of the penal law pursuant to
    2  section  140.10,  or (b) whenever a peace officer, who is not authorized
    3  by law to issue an appearance ticket,  has  arrested  a  person  for  an
    4  offense  other than a class A, B, C or D felony or a violation of SUBDI-
    5  VISION ONE, TWO OR THREE OF section 130.25, [130.40,] OR SECTION 205.10,
    6  205.17, 205.19 or 215.56 of the penal law pursuant  to  section  140.25,
    7  and has requested a police officer to issue and serve upon such arrested
    8  person  an  appearance  ticket  pursuant  to subdivision four of section
    9  140.27, or (c) whenever a person has been arrested for an offense  other
   10  than  a class A, B, C or D felony or a violation of SUBDIVISION ONE, TWO
   11  OR THREE OF section 130.25, [130.40,] OR SECTION 205.10, 205.17,  205.19
   12  or  215.56  of the penal law and has been delivered to the custody of an
   13  appropriate police officer pursuant to section 140.40, such police offi-
   14  cer may, instead of bringing such person before a local  criminal  court
   15  and  promptly filing or causing the arresting peace officer or arresting
   16  person to file a local criminal court accusatory  instrument  therewith,
   17  issue  to and serve upon such person an appearance ticket.  The issuance
   18  and service of an appearance ticket  under  such  circumstances  may  be
   19  conditioned  upon  a  deposit  of  pre-arraignment  bail, as provided in
   20  section 150.30.
   21    3.  A public servant other than a police  officer,  who  is  specially
   22  authorized  by state law or local law enacted pursuant to the provisions
   23  of the municipal home rule law to issue  and  serve  appearance  tickets
   24  with  respect to designated offenses other than class A, B, C or D felo-
   25  nies or violations of SUBDIVISION ONE, TWO OR THREE OF  section  130.25,
   26  [130.40,]  OR SECTION 205.10, 205.17, 205.19 or 215.56 of the penal law,
   27  may in such cases issue and serve upon a  person  an  appearance  ticket
   28  when he has reasonable cause to believe that such person has committed a
   29  crime, or has committed a petty offense in his presence.
   30    S  21.  Subdivision 4 of section 180.75 of the criminal procedure law,
   31  as amended by chapter 264 of the laws of 2003, is  amended  to  read  as
   32  follows:
   33    4.  Notwithstanding  the  provisions  of subdivisions two and three of
   34  this section, a local criminal  court  shall,  at  the  request  of  the
   35  district  attorney, order removal of an action against a juvenile offen-
   36  der to the family court pursuant to  the  provisions  of  article  seven
   37  hundred twenty-five of this chapter if, upon consideration of the crite-
   38  ria  specified  in subdivision two of section 210.43 of this chapter, it
   39  is determined that to do so  would  be  in  the  interests  of  justice.
   40  Where,  however, the felony complaint charges the juvenile offender with
   41  murder in the second degree as defined in section 125.25  of  the  penal
   42  law, rape in the first degree as defined in PARAGRAPH (A) OF subdivision
   43  one  of  section  130.35  of  the penal law, [criminal sexual act in the
   44  first degree as defined in subdivision one  of  section  130.50  of  the
   45  penal  law,]  or an armed felony as defined in paragraph (a) of subdivi-
   46  sion forty-one of section 1.20 of this  chapter,  a  determination  that
   47  such  action be removed to the family court shall, in addition, be based
   48  upon a finding of one or more of the following factors:  (i)  mitigating
   49  circumstances  that bear directly upon the manner in which the crime was
   50  committed; or (ii) where the defendant was not the sole  participant  in
   51  the  crime,  the defendant's participation was relatively minor although
   52  not so minor as to constitute a defense to  the  prosecution;  or  (iii)
   53  possible deficiencies in proof of the crime.
   54    S 22. Subdivision (a) of section 190.71 of the criminal procedure law,
   55  as  amended  by  chapter  7  of  the laws of 2007, is amended to read as
   56  follows:
       S. 3515--A                         11
    1    (a) Except as provided in subdivision six of section  200.20  of  this
    2  chapter,  a grand jury may not indict (i) a person thirteen years of age
    3  for any conduct or crime other than conduct constituting a crime defined
    4  in subdivisions one and two of section  125.25  (murder  in  the  second
    5  degree) or such conduct as a sexually motivated felony, where authorized
    6  pursuant  to  section 130.91 of the penal law; (ii) a person fourteen or
    7  fifteen years of age for any conduct or crime other than conduct consti-
    8  tuting a crime defined in subdivisions one and  two  of  section  125.25
    9  (murder  in  the second degree) and in subdivision three of such section
   10  provided that the underlying crime for the  murder  charge  is  one  for
   11  which  such  person is criminally responsible; 135.25 (kidnapping in the
   12  first degree); 150.20 (arson in the first degree); subdivisions one  and
   13  two of section 120.10 (assault in the first degree); 125.20 (manslaught-
   14  er  in  the first degree); [subdivisions one and] PARAGRAPHS (A) AND (B)
   15  OF SUBDIVISION ONE AND SUBDIVISION two of section 130.35  (rape  in  the
   16  first  degree);  [subdivisions  one  and two of section 130.50 (criminal
   17  sexual act in the first degree); 130.70 (aggravated sexual abuse in  the
   18  first  degree);]  140.30 (burglary in the first degree); subdivision one
   19  of section 140.25 (burglary in the second degree); 150.15 (arson in  the
   20  second degree); 160.15 (robbery in the first degree); subdivision two of
   21  section 160.10 (robbery in the second degree) of the penal law; subdivi-
   22  sion  four  of  section  265.02  of the penal law, where such firearm is
   23  possessed on school grounds, as that phrase is  defined  in  subdivision
   24  fourteen  of  section  220.00 of the penal law; or section 265.03 of the
   25  penal law, where such machine gun or such firearm is possessed on school
   26  grounds, as that phrase is defined in subdivision  fourteen  of  section
   27  220.00  of  the  penal law; or defined in the penal law as an attempt to
   28  commit murder in the second degree or kidnapping in the first degree, or
   29  such conduct as a sexually motivated felony, where  authorized  pursuant
   30  to section 130.91 of the penal law.
   31    S 23. Paragraph (b) of subdivision 1 of section 210.43 of the criminal
   32  procedure law, as amended by chapter 264 of the laws of 2003, is amended
   33  to read as follows:
   34    (b)  with  the  consent  of the district attorney, order removal of an
   35  action involving an indictment charging a juvenile offender with  murder
   36  in the second degree as defined in section 125.25 of the penal law; rape
   37  in  the  first degree, as defined in PARAGRAPH (A) OF subdivision one of
   38  section 130.35 of the penal law;  [criminal  sexual  act  in  the  first
   39  degree,  as  defined  in  subdivision one of section 130.50 of the penal
   40  law;] or an armed felony as defined  in  paragraph  (a)  of  subdivision
   41  forty-one  of  section  1.20,  to  the  family  court  pursuant  to  the
   42  provisions of article seven hundred twenty-five of this chapter  if  the
   43  court finds one or more of the following factors: (i) mitigating circum-
   44  stances  that  bear  directly  upon  the  manner  in which the crime was
   45  committed; (ii) where the defendant was not the sole participant in  the
   46  crime,  the  defendant's participation was relatively minor although not
   47  so minor as to constitute a defense to the prosecution; or (iii)  possi-
   48  ble  deficiencies in the proof of the crime, and, after consideration of
   49  the factors set forth in subdivision two  of  this  section,  the  court
   50  determined  that  removal  of the action to the family court would be in
   51  the interests of justice.
   52    S 24.  Subparagraph (iii) of paragraph (g) of subdivision 5 of section
   53  220.10 of the criminal procedure law, as amended by chapter 264  of  the
   54  laws of 2003, is amended to read as follows:
   55    (iii)  Where  the  indictment  does  not  charge  a crime specified in
   56  subparagraph (i) of this paragraph, the district attorney may  recommend
       S. 3515--A                         12
    1  removal  of the action to the family court. Upon making such recommenda-
    2  tion the district attorney shall submit a subscribed memorandum  setting
    3  forth:  (1) a recommendation that the interests of justice would best be
    4  served  by  removal  of  the  action to the family court; and (2) if the
    5  indictment charges a thirteen year old with the crime of murder  in  the
    6  second degree, or a fourteen or fifteen year old with the crimes of rape
    7  in  the  first  degree as defined in PARAGRAPH (A) OF subdivision one of
    8  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    S 25. 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  FOURTH  degree  as defined in subdivision three of section 130.25 of the
   29  penal law [and criminal sexual act in the third  degree  as  defined  in
   30  subdivision  three  of  section 130.40 of the penal law], are not lesser
   31  included offenses of rape in the first degree, criminal  sexual  act  in
   32  the  first  degree  or any other offense. Notwithstanding the foregoing,
   33  either such offense may be submitted as a lesser included offense of the
   34  applicable first degree offense when (i) there is a reasonable  view  of
   35  the  evidence which would support a finding that the defendant committed
   36  such lesser offense but did not commit the  greater  offense,  and  (ii)
   37  both parties consent to its submission.
   38    S  26.  Subdivision 6 of section 380.50 of the criminal procedure law,
   39  as amended by chapter 320 of the laws of 2006, is  amended  to  read  as
   40  follows:
   41    6.  Regardless of whether the victim requests to make a statement with
   42  regard to the defendant's sentence, where the defendant is sentenced for
   43  a violent felony offense as defined in section 70.02 of the penal law or
   44  a felony defined in article one hundred twenty-five of such law  or  any
   45  of  the  following  provisions  of  such  law  sections  130.25, 130.30,
   46  [130.40, 130.45] 130.33, 255.25, 255.26,  255.27,  article  two  hundred
   47  sixty-three,  135.10, 135.25, 230.05, 230.06, subdivision two of section
   48  230.30 or 230.32, OR ANY OFFENSES COMMITTED UNDER A  FORMER  SECTION  OF
   49  ARTICLE  ONE  HUNDRED  THIRTY  OF THE PENAL LAW WHICH WOULD CONSTITUTE A
   50  VIOLATION OF THE AFORESAID SECTIONS OF THE  PENAL  LAW,  the  prosecutor
   51  shall,  within  sixty  days  of  the imposition of sentence, provide the
   52  victim with a form on which the victim  may  indicate  a  demand  to  be
   53  informed  of  any  petition  to change the name of such defendant.  Such
   54  forms shall be maintained by such prosecutor. Upon receipt of  a  notice
   55  of  a  petition  to  change  the name of any such defendant, pursuant to
   56  subdivision two of section sixty-two of the civil rights law, the prose-
       S. 3515--A                         13
    1  cutor shall promptly notify the victim at the most  current  address  or
    2  telephone  number  provided  by  such  victim in the most reasonable and
    3  expedient possible manner of the time and place such  petition  will  be
    4  presented to the court.
    5    S 27. Paragraph (b) of subdivision 8 of section 700.05 of the criminal
    6  procedure law, as amended by chapter 405 of the laws of 2010, is amended
    7  to read as follows:
    8    (b)  Any  of  the  following felonies: assault in the second degree as
    9  defined in section 120.05 of the penal law, assault in the first  degree
   10  as  defined in section 120.10 of the penal law, reckless endangerment in
   11  the first degree as defined in section 120.25 of the penal law,  promot-
   12  ing  a  suicide  attempt  as defined in section 120.30 of the penal law,
   13  strangulation in the second degree as defined in section 121.12  of  the
   14  penal  law,  strangulation  in  the  first  degree as defined in section
   15  121.13 of the penal law, criminally negligent  homicide  as  defined  in
   16  section  125.10  of  the penal law, manslaughter in the second degree as
   17  defined in section 125.15 of the penal law, manslaughter  in  the  first
   18  degree  as  defined  in  section  125.20 of the penal law, murder in the
   19  second degree as defined in section 125.25 of the penal law,  murder  in
   20  the first degree as defined in section 125.27 of the penal law, abortion
   21  in  the  second  degree  as  defined in section 125.40 of the penal law,
   22  abortion in the first degree as defined in section 125.45 of  the  penal
   23  law,  rape  in  the [third] FOURTH degree as defined in SUBDIVISION ONE,
   24  TWO OR THREE OF section 130.25 of the penal law, rape  in  the  [second]
   25  THIRD  degree  as defined in SUBDIVISION ONE OR TWO OF section 130.30 of
   26  the penal law, rape in the first degree as defined in SUBDIVISION ONE OF
   27  section 130.35 of the penal law,  [criminal  sexual  act  in  the  third
   28  degree  as  defined  in section 130.40 of the penal law, criminal sexual
   29  act in the second degree as defined in section 130.45 of the penal  law,
   30  criminal  sexual act in the first degree as defined in section 130.50 of
   31  the penal law,] sexual abuse in the first degree as defined  in  section
   32  130.65  of  the  penal law, unlawful imprisonment in the first degree as
   33  defined in section 135.10 of the penal law,  kidnapping  in  the  second
   34  degree  as defined in section 135.20 of the penal law, kidnapping in the
   35  first degree as defined in section 135.25 of the penal law, labor  traf-
   36  ficking  as defined in section 135.35 of the penal law, custodial inter-
   37  ference in the first degree as defined in section 135.50  of  the  penal
   38  law,  coercion  in  the first degree as defined in section 135.65 of the
   39  penal law, criminal trespass in the first degree as defined  in  section
   40  140.17  of  the  penal  law,  burglary in the third degree as defined in
   41  section 140.20 of the penal  law,  burglary  in  the  second  degree  as
   42  defined in section 140.25 of the penal law, burglary in the first degree
   43  as  defined in section 140.30 of the penal law, criminal mischief in the
   44  third degree as defined in section 145.05 of  the  penal  law,  criminal
   45  mischief  in the second degree as defined in section 145.10 of the penal
   46  law, criminal mischief in the first degree as defined in section  145.12
   47  of  the  penal law, criminal tampering in the first degree as defined in
   48  section 145.20 of the penal law, arson in the fourth degree  as  defined
   49  in section 150.05 of the penal law, arson in the third degree as defined
   50  in  section  150.10  of  the  penal  law,  arson in the second degree as
   51  defined in section 150.15 of the penal law, arson in the first degree as
   52  defined in section 150.20 of the penal law, grand larceny in the  fourth
   53  degree  as  defined in section 155.30 of the penal law, grand larceny in
   54  the third degree as defined in section 155.35 of the  penal  law,  grand
   55  larceny  in  the second degree as defined in section 155.40 of the penal
   56  law, grand larceny in the first degree as defined in section  155.42  of
       S. 3515--A                         14
    1  the  penal  law,  health  care  fraud in the fourth degree as defined in
    2  section 177.10 of the penal law, health care fraud in the  third  degree
    3  as  defined in section 177.15 of the penal law, health care fraud in the
    4  second degree as defined in section 177.20 of the penal law, health care
    5  fraud in the first degree as defined in section 177.25 of the penal law,
    6  robbery  in  the  third degree as defined in section 160.05 of the penal
    7  law, robbery in the second degree as defined in section  160.10  of  the
    8  penal  law,  robbery in the first degree as defined in section 160.15 of
    9  the penal law, unlawful use of secret scientific material as defined  in
   10  section  165.07 of the penal law, criminal possession of stolen property
   11  in the fourth degree as defined in section  165.45  of  the  penal  law,
   12  criminal possession of stolen property in the third degree as defined in
   13  section  165.50 of the penal law, criminal possession of stolen property
   14  in the second degree as defined by section  165.52  of  the  penal  law,
   15  criminal possession of stolen property in the first degree as defined by
   16  section  165.54 of the penal law, trademark counterfeiting in the second
   17  degree as defined in section 165.72 of the penal law, trademark counter-
   18  feiting in the first degree as defined in section 165.73  of  the  penal
   19  law,  forgery  in  the second degree as defined in section 170.10 of the
   20  penal law, forgery in the first degree as defined in section  170.15  of
   21  the  penal law, criminal possession of a forged instrument in the second
   22  degree  as  defined  in  section  170.25  of  the  penal  law,  criminal
   23  possession  of  a  forged  instrument  in the first degree as defined in
   24  section 170.30 of the penal law, criminal possession of forgery  devices
   25  as  defined  in  section  170.40  of  the penal law, falsifying business
   26  records in the first degree as defined in section 175.10  of  the  penal
   27  law,  tampering  with  public  records in the first degree as defined in
   28  section 175.25 of the penal law, offering a false instrument for  filing
   29  in the first degree as defined in section 175.35 of the penal law, issu-
   30  ing  a  false certificate as defined in section 175.40 of the penal law,
   31  criminal diversion of prescription medications and prescriptions in  the
   32  second  degree  as  defined in section 178.20 of the penal law, criminal
   33  diversion of prescription medications and  prescriptions  in  the  first
   34  degree  as defined in section 178.25 of the penal law, residential mort-
   35  gage fraud in the fourth degree as defined  in  section  187.10  of  the
   36  penal  law, residential mortgage fraud in the third degree as defined in
   37  section 187.15 of the penal  law,  residential  mortgage  fraud  in  the
   38  second degree as defined in section 187.20 of the penal law, residential
   39  mortgage  fraud  in the first degree as defined in section 187.25 of the
   40  penal law, escape in the second degree as defined in section  205.10  of
   41  the  penal  law, escape in the first degree as defined in section 205.15
   42  of the penal law, absconding from temporary release in the first  degree
   43  as  defined in section 205.17 of the penal law, promoting prison contra-
   44  band in the first degree as defined in section 205.25 of the penal  law,
   45  hindering  prosecution in the second degree as defined in section 205.60
   46  of the penal law, hindering prosecution in the first degree  as  defined
   47  in  section  205.65  of  the  penal  law,  sex trafficking as defined in
   48  section 230.34 of the penal law, criminal possession of a weapon in  the
   49  third  degree  as defined in subdivisions two, three and five of section
   50  265.02 of the penal law, criminal possession of a weapon in  the  second
   51  degree  as  defined  in  section  265.03  of  the  penal  law,  criminal
   52  possession of a weapon in the first degree as defined in section  265.04
   53  of  the penal law, manufacture, transport, disposition and defacement of
   54  weapons and dangerous instruments and appliances defined as felonies  in
   55  subdivisions  one,  two,  and  three of section 265.10 of the penal law,
   56  sections 265.11, 265.12 and 265.13 of the penal law, or  prohibited  use
       S. 3515--A                         15
    1  of  weapons as defined in subdivision two of section 265.35 of the penal
    2  law, relating to firearms and other dangerous  weapons,  or  failure  to
    3  disclose  the  origin  of  a recording in the first degree as defined in
    4  section 275.40 of the penal law;
    5    S  28. Paragraph (a) of subdivision 2 and paragraph (a) of subdivision
    6  3 of section 168-a of the correction law, paragraph (a) of subdivision 2
    7  as amended by chapter 405 of the laws  of  2008  and  paragraph  (a)  of
    8  subdivision 3 as amended by chapter 107 of the laws of 2006, are amended
    9  to read as follows:
   10    (a)  (i)  a conviction of or a conviction for an attempt to commit any
   11  of the provisions of sections 120.70, 130.20, [130.25,  130.30,  130.40,
   12  130.45,]  130.60, 230.34, 250.50, 255.25, 255.26 and 255.27, OR SUBDIVI-
   13  SION ONE, TWO OR THREE OF SECTION 130.25, OR SUBDIVISION ONE OR  TWO  OF
   14  SECTION  130.30, or article two hundred sixty-three of the penal law, or
   15  section 135.05, 135.10, 135.20 or 135.25 of such law relating to kidnap-
   16  ping offenses, provided the victim of such kidnapping or related offense
   17  is less than seventeen years old and the offender is not the  parent  of
   18  the  victim,  or  section 230.04, where the person patronized is in fact
   19  less than seventeen years of age, 230.05 or 230.06, or  subdivision  two
   20  of section 230.30, or section 230.32 or 230.33 of the penal law, or (ii)
   21  a  conviction  of  or  a  conviction for an attempt to commit any of the
   22  provisions of section 235.22 of the penal law, or (iii) a conviction  of
   23  or a conviction for an attempt to commit any provisions of the foregoing
   24  sections  committed  or  attempted  as  a  hate crime defined in section
   25  485.05 of the penal law or as a crime of terrorism  defined  in  section
   26  490.25  of such law or as a sexually motivated felony defined in section
   27  130.91 of such law; or (IV) ANY OFFENSE COMMITTED UNDER A FORMER SECTION
   28  OF ARTICLE ONE HUNDRED THIRTY OF THE PENAL LAW WHICH WOULD CONSTITUTE  A
   29  VIOLATION OF THE AFORESAID SECTIONS OF THE PENAL LAW; OR
   30    (a)  (i)  a conviction of or a conviction for an attempt to commit any
   31  of the provisions of sections 130.33, 130.35, [130.50,] 130.65, [130.66,
   32  130.67, 130.70,] 130.75, 130.80, 130.95 and 130.96 of the penal law,  or
   33  (ii) a conviction of or a conviction for an attempt to commit any of the
   34  provisions  of  sections 130.53[, 130.65-a] and 130.90 of the penal law,
   35  or [(iii)] SUBDIVISIONS FOUR AND FIVE OF SECTION 130.25 OR 130.30 OF THE
   36  PENAL LAW, OR (III) ANY OFFENSES COMMITTED UNDER  A  FORMER  SECTION  OF
   37  ARTICLE  ONE  HUNDRED  THIRTY  OF THE PENAL LAW WHICH WOULD CONSTITUTE A
   38  VIOLATION OF THE  AFORESAID  SECTIONS  OF  THE  PENAL  LAW,  OR  (IV)  a
   39  conviction of or a conviction for an attempt to commit any provisions of
   40  the foregoing sections committed or attempted as a hate crime defined in
   41  section  485.05  of  the penal law or as a crime of terrorism defined in
   42  section 490.25 of such law; or
   43    S 29. Subparagraph (ii) of paragraph (a), subparagraphs (i)  and  (ii)
   44  of  paragraph (b) and paragraph (e) of subdivision 8 of section 384-b of
   45  the social services law, subparagraph (ii) of paragraph (a) and subpara-
   46  graph (i) of paragraph (b) as amended by chapter  430  of  the  laws  of
   47  2013,  and paragraph (e) as added and subparagraph (ii) of paragraph (b)
   48  as amended by chapter 7 of the laws of 1999,  are  amended  to  read  as
   49  follows:
   50    (ii)  the  child  has  been found to be an abused child, as defined in
   51  paragraph (iii) of subdivision (e) of section ten hundred twelve of  the
   52  family  court act, as a result of such parent's acts; provided, however,
   53  the respondent must have committed or knowingly allowed to be  committed
   54  a  felony  sex  offense as defined in [sections] SUBDIVISION ONE, TWO OR
   55  THREE OF SECTION  130.25[,]  OR  130.30,  OR  SECTIONS  130.33,  130.35,
   56  [130.40,  130.45,  130.50,]  130.65,  [130.67,  130.70,] 130.75, 130.80,
       S. 3515--A                         16
    1  130.95 and 130.96 of the penal law and, for the purposes of this section
    2  the corroboration requirements contained in  the  penal  law  shall  not
    3  apply to proceedings under this section; or
    4    (i)  the child has been found to be an abused child, (A) as defined in
    5  paragraph (i) of subdivision (e) of section ten hundred  twelve  of  the
    6  family  court  act, as a result of such parent's acts; or (B) as defined
    7  in paragraph (iii) of subdivision (e) of section ten hundred  twelve  of
    8  the  family  court  act,  as  a  result of such parent's acts; provided,
    9  however, the respondent must have committed or knowingly allowed  to  be
   10  committed a felony sex offense as defined in [sections] SUBDIVISION ONE,
   11  TWO  OR  THREE  OF  SECTION  130.25,  SUBDIVISION  ONE OR TWO OF SECTION
   12  130.30, OR SECTIONS 130.33, 130.35, [130.40,  130.45,  130.50,]  130.65,
   13  [130.67,  130.70,]  130.75,  130.80, 130.95 and 130.96 of the penal law;
   14  and
   15    (ii) (A) the child or another child for whose care such parent  is  or
   16  has  been legally responsible has been previously found, within the five
   17  years immediately preceding the initiation of the  proceeding  in  which
   18  such  abuse is found, to be an abused child, as defined in paragraph (i)
   19  or (iii) of subdivision (e) of section ten hundred twelve of the  family
   20  court  act, as a result of such parent's acts; provided, however, in the
   21  case of a finding of abuse as defined in paragraph (iii) of  subdivision
   22  (e) of section ten hundred twelve of the family court act the respondent
   23  must  have  committed  or knowingly allowed to be committed a felony sex
   24  offense as defined in  [sections]  SUBDIVISION  ONE,  TWO  OR  THREE  OF
   25  SECTION  130.25,  SUBDIVISION  ONE OR TWO OF SECTION 130.30, OR SECTIONS
   26  130.33, 130.35, [130.40,  130.45,  130.50,]  130.65,  [130.67,  130.70,]
   27  130.75 and 130.80 of the penal law, or (B) the parent has been convicted
   28  of a crime under SUBDIVISION ONE, TWO OR THREE OF section 130.25, SUBDI-
   29  VISION  ONE  OR  TWO  OF  SECTION  130.30,  OR  SECTIONS 130.33, 130.35,
   30  [130.40, 130.45, 130.50,] 130.65, [130.67, 130.70,] 130.75 or 130.80  of
   31  the penal law against the child, a sibling of the child or another child
   32  for  whose  care  such parent is or has been legally responsible, within
   33  the five  year  period  immediately  preceding  the  initiation  of  the
   34  proceeding in which abuse is found; and
   35    (e) A determination by the court in accordance with article ten of the
   36  family  court  act based upon clear and convincing evidence that a child
   37  was abused (A) as defined in paragraph (i) of subdivision (e) of section
   38  ten hundred twelve of the family court act, as a result of such parent's
   39  acts; or (B) as defined in paragraph (iii) of subdivision (e) of section
   40  ten hundred twelve of the family court act, as a result of such parent's
   41  acts; provided, however, the respondent must have committed or knowingly
   42  allowed to be committed a felony sex offense as  defined  in  [sections]
   43  SUBDIVISION  ONE, TWO OR THREE OF SECTION 130.25, SUBDIVISION ONE OR TWO
   44  OF SECTION 130.30, OR SECTIONS 130.33, 130.35, [130.40, 130.45, 130.50,]
   45  130.65, [130.67, 130.70,] 130.75 and  130.80  of  the  penal  law  shall
   46  establish that the child was an abused child for the purpose of a deter-
   47  mination  as  required  by  subparagraph (i) or (ii) of paragraph (b) of
   48  this subdivision. Such a determination by the court in  accordance  with
   49  article  ten  of the family court act based upon a fair preponderance of
   50  evidence shall be admissible in any proceeding commenced  in  accordance
   51  with this section.
   52    S  30. Subdivision 4 of section 509-cc of the vehicle and traffic law,
   53  as amended by chapter 400 of the laws of 2011, is  amended  to  read  as
   54  follows:
   55    (4) (a) The offenses referred to in subparagraph (ii) of paragraph (a)
   56  of  subdivision one and paragraph (a) of subdivision two of this section
       S. 3515--A                         17
    1  that result in permanent disqualification  shall  include  a  conviction
    2  under  sections  125.12, 125.13, 125.14, 125.15, 125.20, 125.21, 125.22,
    3  125.25,  125.26,  125.27,  130.30,  130.33,  130.35,  [130.45,  130.50,]
    4  130.65,  [130.66,  130.67,  130.70,]  130.75,  130.80,  130.90,  130.95,
    5  130.96, 135.25, 150.20, 230.30, 230.32, 230.34, 235.22, 263.05,  263.10,
    6  263.11,  263.15,  263.16 of the penal law or an attempt to commit any of
    7  the aforesaid offenses under section 110.00 of the  penal  law,  or  any
    8  offenses  committed  under a former section of the penal law which would
    9  constitute violations of the aforesaid sections of the penal law, or any
   10  offenses committed outside this state which would constitute  violations
   11  of the aforesaid sections of the penal law.
   12    (b)  The offenses referred to in subparagraph (ii) of paragraph (a) of
   13  subdivision one and paragraph (b) of subdivision  two  of  this  section
   14  that  result  in  permanent  disqualification shall include a conviction
   15  under sections 100.13, 105.15, 105.17, 115.08, 120.12,  120.70,  125.10,
   16  125.11,  [130.40,]  130.25,  130.53, 130.60, [130.65-a,] 135.20, 160.15,
   17  220.18, 220.21, 220.39, 220.41, 220.43, 220.44, 230.25,  260.00,  265.04
   18  of  the  penal law or an attempt to commit any of the aforesaid offenses
   19  under section 110.00 of the penal law, or any offenses committed under a
   20  former section of the penal law which would constitute violations of the
   21  aforesaid sections of the penal law, or any offenses  committed  outside
   22  this  state  which would constitute violations of the aforesaid sections
   23  of the penal law.
   24    (c) The offenses referred to in subparagraph (i) of paragraph  (b)  of
   25  subdivision one and subparagraph (i) of paragraph (c) of subdivision two
   26  of  this  section  that  result in disqualification for a period of five
   27  years shall include a conviction under sections 100.10, 105.13,  115.05,
   28  120.03,  120.04,  120.04-a,  120.05,  120.10,  120.25,  121.12,  121.13,
   29  125.40,  125.45,  130.20,  [130.25,]  130.52,  130.55,  135.10,  135.55,
   30  140.17,  140.25, 140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06,
   31  220.09, 220.16, 220.31, 220.34, 220.60, 220.65, 221.30, 221.50,  221.55,
   32  230.00,  230.05, 230.06, 230.20, 235.05, 235.06, 235.07, 235.21, 240.06,
   33  245.00, 260.10, subdivision two of section 260.20 and  sections  260.25,
   34  265.02,  265.03, 265.08, 265.09, 265.10, 265.12, 265.35 of the penal law
   35  or an attempt to commit any of  the  aforesaid  offenses  under  section
   36  110.00  of  the  penal  law,  or  any similar offenses committed under a
   37  former section of the penal law,  or  any  offenses  committed  under  a
   38  former section of the penal law which would constitute violations of the
   39  aforesaid  sections  of the penal law, or any offenses committed outside
   40  this state which would constitute violations of the  aforesaid  sections
   41  of the penal law.
   42    S  31.  Subdivision  (b)  of  section  117 of the family court act, as
   43  amended by chapter 7 of the laws of 2007, is amended to read as follows:
   44    (b) For every juvenile  delinquency  proceeding  under  article  three
   45  involving  an  allegation of an act committed by a person which, if done
   46  by an adult, would be a crime (i) defined in sections 125.27 (murder  in
   47  the first degree); 125.25 (murder in the second degree); 135.25 (kidnap-
   48  ping  in the first degree); or 150.20 (arson in the first degree) of the
   49  penal law committed by a person thirteen, fourteen or fifteen  years  of
   50  age;  or  such  conduct  committed as a sexually motivated felony, where
   51  authorized pursuant to section 130.91 of the penal law; (ii) defined  in
   52  sections  120.10  (assault in the first degree); 125.20 (manslaughter in
   53  the first degree); SUBDIVISION ONE OF SECTION 130.35 (rape in the  first
   54  degree);  [130.50  (criminal  sexual  act in the first degree);] SECTION
   55  135.20 (kidnapping in the second degree), but only where  the  abduction
   56  involved  the  use  or  threat  of  use of deadly physical force; 150.15
       S. 3515--A                         18
    1  (arson in the second degree); or 160.15 (robbery in the first degree) of
    2  the penal law committed by a person thirteen, fourteen or fifteen  years
    3  of  age; or such conduct committed as a sexually motivated felony, where
    4  authorized pursuant to section 130.91 of the penal law; (iii) defined in
    5  the  penal  law  as  an  attempt to commit murder in the first or second
    6  degree or kidnapping in the first degree committed by a person thirteen,
    7  fourteen or fifteen years of age; or such conduct committed as a sexual-
    8  ly motivated felony, where authorized pursuant to section 130.91 of  the
    9  penal  law;  (iv)  defined  in  section  140.30  (burglary  in the first
   10  degree); subdivision one of  section  140.25  (burglary  in  the  second
   11  degree);  subdivision  two  of  section  160.10  (robbery  in the second
   12  degree) of the penal law; or section 265.03 of the penal law, where such
   13  machine gun or such firearm is possessed  on  school  grounds,  as  that
   14  phrase is defined in subdivision fourteen of section 220.00 of the penal
   15  law  committed  by  a  person  fourteen or fifteen years of age; or such
   16  conduct committed as  a  sexually  motivated  felony,  where  authorized
   17  pursuant  to  section  130.91  of  the penal law; (v) defined in section
   18  120.05 (assault in the second degree) or 160.10 (robbery in  the  second
   19  degree) of the penal law committed by a person fourteen or fifteen years
   20  of  age  but  only  where there has been a prior finding by a court that
   21  such person has previously committed an act which, if  committed  by  an
   22  adult,  would  be  the crime of assault in the second degree, robbery in
   23  the second degree or any designated felony act specified in clause  (i),
   24  (ii)  or  (iii) of this subdivision regardless of the age of such person
   25  at the time of the commission of the prior act; or  (vi)  other  than  a
   26  misdemeanor,  committed by a person at least seven but less than sixteen
   27  years of age, but only where there has been two prior  findings  by  the
   28  court  that such person has committed a prior act which, if committed by
   29  an adult would be a felony:
   30    (i) There is hereby established in the family court in the city of New
   31  York at least one "designated felony act part." Such part or parts shall
   32  be held separate from all other proceedings of the court, and shall have
   33  jurisdiction over all proceedings involving such an allegation. All such
   34  proceedings shall be originated in or be transferred to this  part  from
   35  other parts as they are made known to the court.
   36    (ii)  Outside  the city of New York, all proceedings involving such an
   37  allegation shall have a hearing preference over every  other  proceeding
   38  in the court, except proceedings under article ten.
   39    S  32.  Paragraph (ii) of subdivision 8 of section 301.2 of the family
   40  court act, as amended by chapter 7 of the laws of 2007,  is  amended  to
   41  read as follows:
   42    (ii)  defined in sections 120.10 (assault in the first degree); 125.20
   43  (manslaughter in the first degree); 130.35 (rape in the  first  degree);
   44  [130.50  (criminal  sexual  act in the first degree); 130.70 (aggravated
   45  sexual abuse in the first degree);] 135.20  (kidnapping  in  the  second
   46  degree)  but  only where the abduction involved the use or threat of use
   47  of deadly physical force; 150.15 (arson in the second degree) or  160.15
   48  (robbery  in  the  first  degree) of the penal law committed by a person
   49  thirteen, fourteen or fifteen years of age; or such conduct committed as
   50  a sexually motivated felony, where authorized pursuant to section 130.91
   51  of the penal law;
   52    S 33. Subdivision 4 of section 308.1  of  the  family  court  act,  as
   53  amended  by  chapter  264  of  the  laws  of 2003, is amended to read as
   54  follows:
   55    4. The probation service shall not adjust a case in  which  the  child
   56  has  allegedly committed a delinquent act which would be a crime defined
       S. 3515--A                         19
    1  in section 120.25, (reckless endangerment in the first degree), subdivi-
    2  sion one of section 125.15, (manslaughter in the second degree),  subdi-
    3  vision  one  of  section  130.25,  (rape  in the [third] FOURTH degree),
    4  [subdivision  one  of  section 130.40, (criminal sexual act in the third
    5  degree),] subdivision one or two of section 130.65, (sexual abuse in the
    6  first degree), section 135.65, (coercion in the first  degree),  section
    7  140.20,  (burglary  in  the third degree), section 150.10, (arson in the
    8  third degree), section 160.05, (robbery in the third  degree),  subdivi-
    9  sion  two,  three  or  four of section 265.02, (criminal possession of a
   10  weapon in the third degree), section 265.03, (criminal possession  of  a
   11  weapon in the second degree), or section 265.04, (criminal possession of
   12  a dangerous weapon in the first degree) of the penal law where the child
   13  has previously had one or more adjustments of a case in which such child
   14  allegedly  committed  an  act  which  would be a crime specified in this
   15  subdivision unless it has received written approval from the  court  and
   16  the appropriate presentment agency.
   17    S  34.  Subdivision  (c)  of  section 1052 of the family court act, as
   18  added by chapter 739 of the laws of 1981, is amended to read as follows:
   19    (c) Prior to granting an order of disposition pursuant to  subdivision
   20  (a) of this section following an adjudication of child abuse, as defined
   21  in  paragraph  (i)  of  subdivision (e) of section ten hundred twelve of
   22  this act or a finding of a felony sex offense as defined  in  [sections]
   23  SUBDIVISION  ONE, TWO OR THREE OF SECTION 130.25, SUBDIVISION ONE OR TWO
   24  OF SECTION 130.30, OR  SECTION  130.35,  [130.40,  130.45,  130.50,]  OR
   25  130.65  [and  130.70]  of  the  penal  law,  the  court shall advise the
   26  respondent that any subsequent adjudication of child abuse,  as  defined
   27  in  paragraph  (i)  of subdivision (e) of section one thousand twelve of
   28  this act or any subsequent finding of a felony sex offense as defined in
   29  those sections of the penal law herein enumerated, arising out  of  acts
   30  of  the  respondent may result in the commitment of the guardianship and
   31  custody of the child or another child pursuant to section three  hundred
   32  eighty-four-b  of the social services law. The order in such cases shall
   33  contain a statement that any subsequent adjudication of child  abuse  or
   34  finding  of  a  felony sex offense as described herein may result in the
   35  commitment of the guardianship and custody  of  the  child,  or  another
   36  child  pursuant  to  section  three  hundred eighty-four-b of the social
   37  services law.
   38    S 35. Subdivision 2 of section 61 of the civil rights law, as  amended
   39  by  section 54 of subpart B of part C of chapter 62 of the laws of 2011,
   40  is amended to read as follows:
   41    2. If the petitioner stands convicted of a violent felony  offense  as
   42  defined in section 70.02 of the penal law or a felony defined in article
   43  one  hundred  twenty-five of such law or any of the following provisions
   44  of such law sections 130.25, 130.30, [130.40, 130.45,]  255.25,  255.26,
   45  255.27, article two hundred sixty-three, 135.10, 135.25, 230.05, 230.06,
   46  subdivision  two  of section 230.30 or 230.32, and is currently confined
   47  as an inmate in any correctional facility or currently under the  super-
   48  vision  of  the department of corrections and community supervision or a
   49  county probation department as a result of such conviction, the petition
   50  shall for each such conviction specify such felony conviction, the  date
   51  of  such  conviction  or  convictions,  and  the  court  in  which  such
   52  conviction or convictions were entered.
   53    S 36. Subdivision 2 of section 62 of the civil rights law, as  amended
   54  by  section 55 of subpart B of part C of chapter 62 of the laws of 2011,
   55  is amended to read as follows:
       S. 3515--A                         20
    1    2. If the petition be  to  change  the  name  of  a  person  currently
    2  confined  as  an  inmate in any correctional facility or currently under
    3  the supervision of the department of corrections  and  community  super-
    4  vision  or a county probation department as a result of a conviction for
    5  a violent felony offense as defined in section 70.02 of the penal law or
    6  a  felony  defined in article one hundred twenty-five of such law or any
    7  of the  following  provisions  of  such  law  sections  130.25,  130.30,
    8  [130.40,  130.45,]  255.25,  255.26,  255.27, article two hundred sixty-
    9  three, 135.10, 135.25, 230.05, 230.06, subdivision two of section 230.30
   10  or 230.32, notice of the time and place when and where the petition will
   11  be presented shall be served, in like manner as a  notice  of  a  motion
   12  upon an attorney in an action, upon the district attorney of every coun-
   13  ty  in  which such person has been convicted of such felony and upon the
   14  court or courts in which the  sentence  for  such  felony  was  entered.
   15  Unless  a  shorter  period  of time is ordered by the court, said notice
   16  shall be served upon each such district attorney and court or courts not
   17  less than sixty days prior to the date on which such petition is noticed
   18  to be heard.
   19    S 37. The closing paragraph of section 64 of the civil rights law,  as
   20  separately  amended by chapters 258, 320 and 481 of the laws of 2006, is
   21  amended to read as follows:
   22    Upon compliance with the order and the filing of the affidavit of  the
   23  publication,  as  provided  in  this  section, the clerk of the court in
   24  which the order has been entered shall certify that the order  has  been
   25  complied  with;  and,  if the petition states that the petitioner stands
   26  convicted of a violent felony offense as defined in section 70.02 of the
   27  penal law or a felony defined in article one hundred twenty-five of such
   28  law or any of the following provisions  of  such  law  sections  130.25,
   29  130.30,  [130.40,  130.45,]  255.25, 255.26, 255.27, article two hundred
   30  sixty-three, 135.10, 135.25, 230.05, 230.06, subdivision two of  section
   31  230.30  or  230.32, such clerk (1) shall deliver, by first class mail, a
   32  copy of such  certified  order  to  the  division  of  criminal  justice
   33  services at its office in the county of Albany and (2) upon the clerk of
   34  the  court  reviewing  the  petitioner's application for name change and
   35  subsequent in-court inquiry, may, in the clerk's discretion, deliver, by
   36  first class mail, the petitioner's new name with such certified order to
   37  the court of competent jurisdiction which imposed the orders of support.
   38  Such certification shall appear on the original order and on any  certi-
   39  fied  copy  thereof  and  shall be entered in the clerk's minutes of the
   40  proceeding.
   41    S 38. Section 213-c of the civil practice law and rules, as  added  by
   42  chapter 3 of the laws of 2006, is amended to read as follows:
   43    S  213-c.  Action  by  victim  of  conduct constituting certain sexual
   44  offenses. Notwithstanding any other limitation set forth in  this  arti-
   45  cle,  a  civil  claim  or cause of action to recover from a defendant as
   46  hereinafter defined, for physical,  psychological  or  other  injury  or
   47  condition  suffered by a person as a result of acts by such defendant of
   48  rape in the first degree as defined in section 130.35 of the penal  law,
   49  [or criminal sexual act in the first degree as defined in section 130.50
   50  of  the  penal  law,  or  aggravated sexual abuse in the first degree as
   51  defined in section 130.70 of the penal law,] or course of sexual conduct
   52  against a child in the first degree as defined in section 130.75 of  the
   53  penal law may be brought within five years. As used in this section, the
   54  term "defendant" shall mean only a person who commits the acts described
   55  in  this section or who, in a criminal proceeding, could be charged with
   56  criminal liability for the commission of such acts pursuant  to  section
       S. 3515--A                         21
    1  20.00 of the penal law and shall not apply to any related civil claim or
    2  cause of action arising from such acts. Nothing in this section shall be
    3  construed  to  require  that  a criminal charge be brought or a criminal
    4  conviction  be  obtained  as  a  condition  of bringing a civil cause of
    5  action or receiving a civil judgment pursuant  to  this  section  or  be
    6  construed to require that any of the rules governing a criminal proceed-
    7  ing be applicable to any such civil action.
    8    S 39. Paragraph (b) of subdivision 8 of section 215 of the civil prac-
    9  tice  law  and  rules,  as  added  by  chapter 3 of the laws of 2006, is
   10  amended to read as follows:
   11    (b) Whenever it is shown that  a  criminal  action  against  the  same
   12  defendant  has  been  commenced  with respect to the event or occurrence
   13  from which a claim governed by this section arises,  and  such  criminal
   14  action  is  for rape in the first degree as defined in section 130.35 of
   15  the penal law, [or criminal sexual act in the first degree as defined in
   16  section 130.50 of the penal law, or aggravated sexual abuse in the first
   17  degree as defined in section 130.70 of the  penal  law,]  or  course  of
   18  sexual conduct against a child in the first degree as defined in section
   19  130.75  of  the  penal law, the plaintiff shall have at least five years
   20  from the termination of the criminal action as defined in  section  1.20
   21  of  the  criminal  procedure  law in which to commence the civil action,
   22  notwithstanding that the time in  which  to  commence  such  action  has
   23  already expired or has less than a year remaining.
   24    S  40.  Subdivision  11  of section 123 of the agriculture and markets
   25  law, as amended by chapter 392 of the laws of 2004, and such section  as
   26  renumbered by section 18 of part T of chapter 59 of the laws of 2010, is
   27  amended to read as follows:
   28    11.  The owner shall not be liable pursuant to subdivision six, seven,
   29  eight, nine or ten of this section if the dog was coming to the  aid  or
   30  defense  of  a person during the commission or attempted commission of a
   31  murder, robbery, burglary, arson, rape in the first degree as defined in
   32  PARAGRAPH (A) OR (B) OF subdivision one [or two] of  section  130.35  of
   33  the  penal  law[,  criminal sexual act in the first degree as defined in
   34  subdivision one or two of section 130.50 of the penal law] or kidnapping
   35  within the dwelling or upon the real property of the owner  of  the  dog
   36  and the dog injured or killed the person committing such criminal activ-
   37  ity.
   38    S  41.  This act shall take effect on the ninetieth day after it shall
   39  have become a law and shall apply to any offense committed on  or  after
   40  such  effective  date.  As  it pertains to the repealed sections of law,
   41  nothing in this act shall affect a requirement to register  pursuant  to
   42  article  6-C  of the correction law; a lawfully required disclosure of a
   43  conviction; any restriction or prohibition for certain types of  employ-
   44  ment,  housing,  or  government  benefit;  or  any  other ongoing matter
   45  related to a conviction of the sections repealed in this act.