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A08558 Summary:

BILL NOA08558
 
SAME ASSAME AS S08008
 
SPONSORCruz
 
COSPNSR
 
MLTSPNSR
 
Amd Pen L, generally; amd CP L, generally; amd §168-a, Cor L; amd §384-b, Soc Serv L; amd §509-cc, V & T L; amd §§117, 308.1 & 1052, Fam Ct Act; amd §64, Civ Rts L; amd §§213-c & 215, CPLR; amd §123, Ag & Mkts L; amd §4, Judy L; §§65 & 66, Chap of 2023 (as proposed in S.3161 & A.3340)
 
Relates to certain sex offenses; makes technical changes.
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A08558 Actions:

BILL NOA08558
 
01/09/2024referred to codes
01/23/2024reported
01/25/2024advanced to third reading cal.284
01/29/2024substituted by s8008
 S08008 AMEND= HOYLMAN-SIGAL
 01/05/2024REFERRED TO RULES
 01/08/2024ORDERED TO THIRD READING CAL.17
 01/09/2024PASSED SENATE
 01/09/2024DELIVERED TO ASSEMBLY
 01/09/2024referred to codes
 01/29/2024substituted for a8558
 01/29/2024ordered to third reading cal.284
 01/29/2024passed assembly
 01/29/2024returned to senate
 01/30/2024DELIVERED TO GOVERNOR
 01/30/2024SIGNED CHAP.23
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A08558 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8558
 
SPONSOR: Cruz
  TITLE OF BILL: 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 and the judiciary law, in relation to certain sex offenses; and to amend a chapter of the laws of 2023, amending the penal law, the criminal procedure law, the correction law, the social services law, the vehicle and traffic law, the family court act, the civil rights law, the civil practice law and rules, the agriculture and markets law, the judiciary law and the domestic relations law relating to sex offenses, as proposed in legislative bills numbers S. 3161 and A. 3340, in relation to the effectiveness thereof   PURPOSE: The purpose of this bill is to make amendments to a chapter of the laws of 2023, related to sex offenses.   SUMMARY: Section one of this bill would amend the penal law to make conforming changes to the definition of sexual conduct. Section two through forty-four would amend various sections of law to make clarifying references to the repealed sections of law, 130.40, 130.45, and 130.50 of the penal law, to ensure continued ability to prosecute and no interruption in procedural processes associated with those crimes. Additionally, to make reference to the former provisions of 130.25, 130.30, and 130.35 of the penal law as amended by a chapter of the laws of 2023. Section 45 of this bill would clarify section 65 and 66 clarifying that the repealed sections of law shall not be applied retroactively, and offenses committed prior to the effective date shall be construed and punished according to the law at the time of the commission of the offense. Additionally, the effective date would be moved from January 1, 2024 to September 1, 2024. Section 46 would set forth the effective date.   JUSTIFICATION: On March 28, 2012, a Justice of the New York State Supreme Court declared a mistrial on the rape charge against former New York City Police Officer Michael Pena. Pena was convicted of several other charges for holding the schoolteacher at gunpoint, threatening her life and forcibly sodomizing her. Pena was not convicted of rape despite over- whelming evidence of forcible, nonconsensual sexual conduct with a Bronx school teacher. It is galling that in the face of evidence of the defendant's semen in the victim's underwear, redness to her genitals, eyewitness testimony and the victim's own account of the pain of the attack; Pena was not convicted of the top count of rape. Common sense dictates that what happened to the victim in this case is rape. This bill will make amendments to a chapter of the laws of 2023 that redefined rape to include oral and anal sexual conduct, which are now referred to as "criminal sexual act," so that these other forms of sexu- al assault are recognized by the law as rape. It is well settled law that repealed crimes may be prosecuted for action that took place prior to the repeal. However, this bill seeks to make references to the former criminal sexual act penal statutes throughout the law to ensure there is clarity in procedural processes and in prosecution of those crimes.   PRIOR LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect immediately; provided, however, that sections one through forty-four shall take effect on the same date and in the same manner as a chapter of the laws of 2023 amending the penal law, criminal procedure law, correction law, social services law, vehicle and traffic law, family court act, civil rights law, civil practice law and rules, agriculture and markets law, judiciary law, and domestic relations law relating to sex offenses, as proposed in legislative bills numbers S.3161 and A.3340, takes effect.
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A08558 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8558
 
                   IN ASSEMBLY
 
                                     January 9, 2024
                                       ___________
 
        Introduced  by  M. of A. CRUZ -- read once and referred 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  and  the  judiciary  law,  in
          relation  to  certain sex offenses; and to amend a chapter of the laws
          of 2023, amending the penal  law,  the  criminal  procedure  law,  the
          correction  law, the social services law, the vehicle and traffic law,
          the family court act, the civil rights law, the civil practice law and
          rules, the agriculture and markets law,  the  judiciary  law  and  the
          domestic relations law relating to sex offenses, as proposed in legis-
          lative  bills  numbers S. 3161 and A.  3340, in relation to the effec-
          tiveness thereof
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivision  10  of  section  130.00 of the penal law, as
     2  amended by chapter 264 of the laws  of  2003,  is  amended  to  read  as
     3  follows:
     4    10.  "Sexual conduct" means vaginal sexual [intercourse] contact, oral
     5  sexual [conduct] contact,  anal  sexual  [conduct]  contact,  aggravated
     6  sexual contact, or sexual contact.
     7    §  2. Paragraph 2 of subdivision 18 of section 10.00 of the penal law,
     8  as amended by a chapter of the laws of 2023 amending the penal law,  the
     9  criminal procedure law, the correction law, the social services law, the
    10  vehicle and traffic law, the family court act, the civil rights law, the
    11  civil practice law and rules, the agriculture and markets law, the judi-
    12  ciary  law  and  the domestic relations law relating to sex offenses, as
    13  proposed in legislative bills numbers S. 3161 and A. 3340, is amended to
    14  read as follows:
    15    (2) a person fourteen or fifteen years old who is criminally responsi-
    16  ble for acts constituting the crimes defined in subdivisions one and two
    17  of section 125.25 (murder in the second degree) and in subdivision three
    18  of such section provided that the underlying crime for the murder charge
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07466-02-4

        A. 8558                             2
 
     1  is one for which such person is criminally responsible;  section  135.25
     2  (kidnapping  in  the  first degree); 150.20 (arson in the first degree);
     3  subdivisions one and  two  of  section  120.10  (assault  in  the  first
     4  degree);  125.20  (manslaughter in the first degree); paragraphs (a) and
     5  (b) of subdivision one, paragraphs (a) and (b) of subdivision  two,  and
     6  paragraphs  (a)  and (b) of subdivision three of section 130.35 (rape in
     7  the first degree); former subdivisions one and  two  of  section  130.35
     8  (rape  in  the  first  degree);  subdivisions  one and two of the former
     9  section 130.50; 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 such conduct as a sexually motivated felony, where authorized  pursu-
    19  ant to section 130.91 of this chapter.
    20    §  3. Subdivision 2 of section 30.00 of the penal law, as amended by a
    21  chapter of the laws of 2023 amending the penal law, the criminal  proce-
    22  dure  law,  the correction law, the social services law, the vehicle and
    23  traffic law, the family court act, the civil rights law, the civil prac-
    24  tice law and rules, the agriculture and markets law, the  judiciary  law
    25  and  the domestic relations law relating to sex offenses, as proposed in
    26  legislative bills numbers S. 3161 and A. 3340, is  amended  to  read  as
    27  follows:
    28    2.  A person thirteen, fourteen or, fifteen years of age is criminally
    29  responsible for acts constituting murder in the second degree as defined
    30  in subdivisions one and two of section 125.25 and in  subdivision  three
    31  of such section provided that the underlying crime for the murder charge
    32  is  one  for  which  such  person  is criminally responsible or for such
    33  conduct as a sexually motivated felony,  where  authorized  pursuant  to
    34  section  130.91 of this chapter; and a person fourteen or, fifteen years
    35  of age is  criminally  responsible  for  acts  constituting  the  crimes
    36  defined  in  section  135.25  (kidnapping  in  the first degree); 150.20
    37  (arson in the first degree); subdivisions one and two of section  120.10
    38  (assault  in  the  first  degree);  125.20  (manslaughter  in  the first
    39  degree); paragraphs (a) and (b) of subdivision one, paragraphs  (a)  and
    40  (b)  of  subdivision two and paragraphs (a) and (b) of subdivision three
    41  of section 130.35 (rape in the first degree);  former  subdivisions  one
    42  and  two  of section 130.35 (rape in the first degree); subdivisions one
    43  and two of former section 130.50 [(criminal  sexual  act  in  the  first
    44  degree)];  130.70  (aggravated sexual abuse in the first degree); 140.30
    45  (burglary in the  first  degree);  subdivision  one  of  section  140.25
    46  (burglary  in  the  second degree); 150.15 (arson in the second degree);
    47  160.15 (robbery in the first degree); subdivision two of section  160.10
    48  (robbery  in  the  second  degree) of this chapter; or section 265.03 of
    49  this chapter, where such machine gun or such  firearm  is  possessed  on
    50  school  grounds,  as  that  phrase is defined in subdivision fourteen of
    51  section 220.00 of this chapter; or defined in this chapter as an attempt
    52  to commit murder in the second degree or kidnapping in the first degree,
    53  or for such conduct as a sexually  motivated  felony,  where  authorized
    54  pursuant to section 130.91 of this chapter.
    55    § 4. Paragraph (b) of subdivision 2 of section 35.15 of the penal law,
    56  as  amended by a chapter of the laws of 2023 amending the penal law, the

        A. 8558                             3
 
     1  criminal procedure law, the correction law, the social services law, the
     2  vehicle and traffic law, the family court act, the civil rights law, the
     3  civil practice law and rules, the agriculture and markets law, the judi-
     4  ciary  law  and  the domestic relations law relating to sex offenses, as
     5  proposed in legislative bills numbers S. 3161 and A. 3340, is amended to
     6  read as follows:
     7    (b) He or she reasonably believes that such other person is committing
     8  or attempting to commit a kidnapping, forcible rape, forcible aggravated
     9  sexual abuse, a crime formerly defined in section 130.50 of this chapter
    10  by force, or robbery; or
    11    § 5. Paragraphs (a) and (c) of subdivision 1 of section 70.02  of  the
    12  penal  law,  paragraph (a) as amended by chapter 189 of the laws of 2018
    13  and paragraph (c) as amended by a chapter of the laws of  2023  amending
    14  the  penal  law,  the  criminal  procedure  law, the correction law, the
    15  social services law, the vehicle and traffic law, the family court  act,
    16  the  civil rights law, the civil practice law and rules, the agriculture
    17  and markets law, the judiciary law and the domestic relations law relat-
    18  ing to sex offenses, as proposed in legislative bills  numbers  S.  3161
    19  and A.  3340, are amended to read as follows:
    20    (a)  Class  B  violent felony offenses: an attempt to commit the class
    21  A-I felonies of murder in  the  second  degree  as  defined  in  section
    22  125.25, kidnapping in the first degree as defined in section 135.25, and
    23  arson  in the first degree as defined in section 150.20; manslaughter in
    24  the first degree as defined in section 125.20,  aggravated  manslaughter
    25  in  the  first  degree  as  defined in section 125.22, rape in the first
    26  degree as defined in section 130.35, [criminal sexual act in  the  first
    27  degree as] a crime formerly defined in section 130.50, aggravated sexual
    28  abuse in the first degree as defined in section 130.70, course of sexual
    29  conduct  against  a  child  in  the  first  degree as defined in section
    30  130.75[;], assault in the first degree as  defined  in  section  120.10,
    31  kidnapping  in  the second degree as defined in section 135.20, burglary
    32  in the first degree as defined in section 140.30, arson  in  the  second
    33  degree  as  defined  in  section  150.15, robbery in the first degree as
    34  defined in section 160.15, sex trafficking as defined in paragraphs  (a)
    35  and  (b)  of  subdivision  five  of section 230.34, sex trafficking of a
    36  child as defined in section 230.34-a, incest  in  the  first  degree  as
    37  defined  in section 255.27, criminal possession of a weapon in the first
    38  degree as defined in section 265.04, criminal use of a  firearm  in  the
    39  first degree as defined in section 265.09, criminal sale of a firearm in
    40  the first degree as defined in section 265.13, aggravated assault upon a
    41  police  officer  or  a  peace officer as defined in section 120.11, gang
    42  assault in the first degree as defined in section 120.07, intimidating a
    43  victim or witness in the first degree  as  defined  in  section  215.17,
    44  hindering  prosecution  of  terrorism  in the first degree as defined in
    45  section 490.35, criminal possession of a chemical weapon  or  biological
    46  weapon  in  the second degree as defined in section 490.40, and criminal
    47  use of a chemical weapon or biological weapon in  the  third  degree  as
    48  defined in section 490.47.
    49    (c)  Class  D violent felony offenses: an attempt to commit any of the
    50  class C felonies set forth in paragraph (b); reckless assault of a child
    51  as defined in section 120.02, assault in the second degree as defined in
    52  section 120.05, menacing a police officer or peace officer as defined in
    53  section 120.18, stalking in the first degree, as defined in  subdivision
    54  one  of section 120.60, strangulation in the second degree as defined in
    55  section 121.12, rape in the second degree as defined in section  130.30,
    56  a  crime  formerly  defined in section 130.45, sexual abuse in the first

        A. 8558                             4
 
     1  degree as defined in section 130.65, course of sexual conduct against  a
     2  child  in  the  second  degree  as defined in section 130.80, aggravated
     3  sexual abuse in the third degree as defined in section  130.66,  facili-
     4  tating  a  sex offense with a controlled substance as defined in section
     5  130.90, labor trafficking as defined in paragraphs (a) and (b) of subdi-
     6  vision three of section 135.35, criminal possession of a weapon  in  the
     7  third  degree as defined in subdivision five, six, seven, eight, nine or
     8  ten of section 265.02, criminal sale of a firearm in the third degree as
     9  defined in section 265.11, intimidating  a  victim  or  witness  in  the
    10  second  degree  as  defined  in  section 215.16, soliciting or providing
    11  support for an act of terrorism in  the  second  degree  as  defined  in
    12  section  490.10,  and  making a terroristic threat as defined in section
    13  490.20, falsely reporting an incident in the first degree as defined  in
    14  section 240.60, placing a false bomb or hazardous substance in the first
    15  degree  as  defined in section 240.62, placing a false bomb or hazardous
    16  substance in a sports stadium or arena, mass transportation facility  or
    17  enclosed  shopping  mall as defined in section 240.63, aggravated unper-
    18  mitted use of indoor pyrotechnics in the  first  degree  as  defined  in
    19  section 405.18, and criminal manufacture, sale, or transport of an unde-
    20  tectable firearm, rifle or shotgun as defined in section 265.50.
    21    §  6. Paragraph b of subdivision 5 of section 120.40 of the penal law,
    22  as amended by a chapter of the laws of 2023 amending the penal law,  the
    23  criminal procedure law, the correction law, the social services law, the
    24  vehicle and traffic law, the family court act, the civil rights law, the
    25  civil practice law and rules, the agriculture and markets law, the judi-
    26  ciary  law  and  the domestic relations law relating to sex offenses, as
    27  proposed in legislative bills numbers S. 3161 and A. 3340, is amended to
    28  read as follows:
    29    b. a crime defined in section 130.20, 130.25, 130.30, 130.55,  130.60,
    30  130.70,  255.25, 255.26 or 255.27, or formerly defined in section 130.40
    31  or 130.45;
    32    § 7. Paragraph (d) of subdivision 2 and paragraph (h) of subdivision 3
    33  of section 130.05 of the penal law, as amended by a chapter of the  laws
    34  of  2023  amending  the  penal  law,  the  criminal  procedure  law, the
    35  correction law, the social services law, the vehicle  and  traffic  law,
    36  the  family  court act, the civil rights law, the civil practice law and
    37  rules, the agriculture and markets law, the judiciary law and the domes-
    38  tic relations law relating to sex offenses, as proposed  in  legislative
    39  bills numbers S.  3161 and A. 3340, are amended to read as follows:
    40    (d)  Where  the offense charged is rape in the third degree as defined
    41  in subdivision seven, eight or  nine  of  section  130.25,  or  a  crime
    42  formerly  defined in subdivision three of section 130.40, in addition to
    43  forcible [vaginal sexual contact] compulsion, circumstances under which,
    44  at the time of the act of [intercourse]  vaginal  sexual  contact,  oral
    45  sexual contact or anal sexual contact, the victim clearly expressed that
    46  he or she did not consent to engage in such act, and a reasonable person
    47  in  the  actor's situation would have understood such person's words and
    48  acts as an expression of lack of consent  to  such  act  under  all  the
    49  circumstances.
    50    (h)  a  client  or  patient and the actor is a health care provider or
    51  mental health care provider charged with rape in  the  third  degree  as
    52  defined  in  section 130.25, a crime formerly defined in section 130.40,
    53  aggravated sexual abuse in the  fourth  degree  as  defined  in  section
    54  130.65-a,  or  sexual  abuse  in  the third degree as defined in section
    55  130.55, and the act of sexual conduct occurs during a treatment session,
    56  consultation, interview, or examination; or

        A. 8558                             5
 
     1    § 8. The opening paragraph of subdivision 3 of section 125.25  of  the
     2  penal  law,  as  amended  by  a chapter of the laws of 2023 amending the
     3  penal law, the criminal procedure law, the correction  law,  the  social
     4  services  law,  the  vehicle  and traffic law, the family court act, the
     5  civil  rights law, the civil practice law and rules, the agriculture and
     6  markets law, the judiciary law and the domestic relations  law  relating
     7  to sex offenses, as proposed in legislative bills numbers S. 3161 and A.
     8  3340, is amended to read as follows:
     9    Acting  either  alone or with one or more other persons, he commits or
    10  attempts to commit robbery, burglary, kidnapping,  arson,  rape  in  the
    11  first  degree, a crime formerly defined in section 130.50 of this title,
    12  the crime of sexual abuse in the first degree, aggravated sexual  abuse,
    13  escape  in the first degree, or escape in the second degree, and, in the
    14  course of and in furtherance of such crime or of immediate flight there-
    15  from, he, or another participant, if there be any, causes the death of a
    16  person other than one of the participants; except  that  in  any  prose-
    17  cution  under  this subdivision, in which the defendant was not the only
    18  participant in the underlying crime, it is an affirmative  defense  that
    19  the defendant:
    20    § 9. Subdivision 5 of section 125.25 of the penal law, as amended by a
    21  chapter  of the laws of 2023 amending the penal law, the criminal proce-
    22  dure law, the correction law, the social services law, the  vehicle  and
    23  traffic law, the family court act, the civil rights law, the civil prac-
    24  tice  law  and rules, the agriculture and markets law, the judiciary law
    25  and the domestic relations law relating to sex offenses, as proposed  in
    26  legislative  bills  numbers  S.  3161 and A. 3340, is amended to read as
    27  follows:
    28    5. Being eighteen years old or more, while in the course of committing
    29  rape in the first, second or third degree, a crime formerly  defined  in
    30  section  130.50,  130.45  or  130.40  of this title, the crime of sexual
    31  abuse in the first degree, aggravated sexual abuse in the first, second,
    32  third or fourth degree, or incest in the first, second or third  degree,
    33  against  a  person less than fourteen years old, he or she intentionally
    34  causes the death of such person.
    35    § 10. Subparagraph (vii) of paragraph (a) of subdivision 1 of  section
    36  125.27  of  the  penal  law, as amended by a chapter of the laws of 2023
    37  amending the penal law, the criminal procedure law, the correction  law,
    38  the  social  services law, the vehicle and traffic law, the family court
    39  act, the civil rights law, the civil practice law and rules,  the  agri-
    40  culture  and  markets  law, the judiciary law and the domestic relations
    41  law relating to sex offenses, as proposed in legislative  bills  numbers
    42  S.  3161 and A. 3340, is amended to read as follows:
    43    (vii)  the  victim was killed while the defendant was in the course of
    44  committing or attempting  to  commit  and  in  furtherance  of  robbery,
    45  burglary  in  the first degree or second degree, kidnapping in the first
    46  degree, arson in the first degree or second degree, rape  in  the  first
    47  degree, a crime formerly defined in section 130.50 of this title, sexual
    48  abuse  in  the first degree, aggravated sexual abuse in the first degree
    49  or escape in the first degree, or in the course of  and  furtherance  of
    50  immediate flight after committing or attempting to commit any such crime
    51  or in the course of and furtherance of immediate flight after attempting
    52  to  commit  the  crime of murder in the second degree; provided however,
    53  the victim is not a participant in one of the aforementioned crimes and,
    54  provided further that, unless the defendant's criminal  liability  under
    55  this  subparagraph  is based upon the defendant having commanded another
    56  person to cause the death of the victim or intended victim  pursuant  to

        A. 8558                             6
 
     1  section  20.00  of this chapter, this subparagraph shall not apply where
     2  the defendant's criminal liability is based upon the conduct of  another
     3  pursuant to section 20.00 of this chapter; or
     4    §  11. Subdivision 3 of section 130.10 of the penal law, as amended by
     5  a chapter of the laws of 2023  amending  the  penal  law,  the  criminal
     6  procedure  law, the correction law, the social services law, the vehicle
     7  and traffic law, the family court act, the civil rights law,  the  civil
     8  practice  law  and rules, the agriculture and markets law, the judiciary
     9  law and the domestic relations law relating to sex offenses, as proposed
    10  in legislative bills numbers S. 3161 and A. 3340, is amended to read  as
    11  follows:
    12    3.  In  any  prosecution  for the crime of rape in the third degree as
    13  defined in section 130.25, a crime formerly defined in  section  130.40,
    14  aggravated  sexual  abuse  in  the  fourth  degree as defined in section
    15  130.65-a, or sexual abuse in the third  degree  as  defined  in  section
    16  130.55  in which incapacity to consent is based on the circumstances set
    17  forth in paragraph (h) of subdivision three of section  130.05  of  this
    18  article  it  shall  be an affirmative defense that the client or patient
    19  consented to such conduct charged after having been expressly advised by
    20  the health care or mental health care provider that such conduct was not
    21  performed for a valid medical purpose.
    22    § 12. The opening paragraph and subdivision 2 of section 130.95 of the
    23  penal law, as amended by a chapter of the  laws  of  2023  amending  the
    24  penal  law,  the  criminal procedure law, the correction law, the social
    25  services law, the vehicle and traffic law, the  family  court  act,  the
    26  civil  rights law, the civil practice law and rules, the agriculture and
    27  markets law, the judiciary law and the domestic relations  law  relating
    28  to sex offenses, as proposed in legislative bills numbers S. 3161 and A.
    29  3340, are amended to read as follows:
    30    A  person is guilty of predatory sexual assault when he or she commits
    31  the crime of rape in the first  degree,  a  crime  formerly  defined  in
    32  section  130.50  of  this title, the crime of aggravated sexual abuse in
    33  the first degree, or course of sexual conduct against  a  child  in  the
    34  first degree, as defined in this article, and when:
    35    2.  He or she has engaged in conduct constituting the crime of rape in
    36  the first degree, a crime formerly defined in  section  130.50  of  this
    37  title,  the  crime  of  aggravated  sexual abuse in the first degree, or
    38  course of sexual conduct against a child in the first degree, as defined
    39  in this article, against one or more additional persons; or
    40    § 13. The opening paragraph of section 130.96 of  the  penal  law,  as
    41  amended  by  a  chapter  of the laws of 2023 amending the penal law, the
    42  criminal procedure law, the correction law, the social services law, the
    43  vehicle and traffic law, the family court act, the civil rights law, the
    44  civil practice law and rules, the agriculture and markets law, the judi-
    45  ciary law and the domestic relations law relating to  sex  offenses,  as
    46  proposed in legislative bills numbers S. 3161 and A. 3340, is amended to
    47  read as follows:
    48    A  person  is guilty of predatory sexual assault against a child when,
    49  being eighteen years old or more, he or she commits the crime of rape in
    50  the first degree,  a crime formerly defined in section  130.50  of  this
    51  title,  the  crime  of  aggravated  sexual abuse in the first degree, or
    52  course of sexual conduct against a child in the first degree, as defined
    53  in this article, and the victim is less than thirteen years old.
    54    § 14. Subdivision 2 of section 240.75 of the penal law, as amended  by
    55  a  chapter  of  the  laws  of  2023 amending the penal law, the criminal
    56  procedure law, the correction law, the social services law, the  vehicle

        A. 8558                             7
 
     1  and  traffic  law, the family court act, the civil rights law, the civil
     2  practice law and rules, the agriculture and markets law,  the  judiciary
     3  law and the domestic relations law relating to sex offenses, as proposed
     4  in  legislative bills numbers S. 3161 and A. 3340, is amended to read as
     5  follows:
     6    2. A "specified offense" is  an  offense  defined  in  section  120.00
     7  (assault  in  the  third  degree); section 120.05 (assault in the second
     8  degree); section 120.10 (assault in the first  degree);  section  120.13
     9  (menacing  in  the first degree); section 120.14 (menacing in the second
    10  degree); section 120.15 (menacing in the third degree);  section  120.20
    11  (reckless  endangerment  in the second degree); section 120.25 (reckless
    12  endangerment in the first  degree);  section  120.45  (stalking  in  the
    13  fourth  degree);  section 120.50 (stalking in the third degree); section
    14  120.55 (stalking in the second degree); section 120.60 (stalking in  the
    15  first  degree);  section  121.11  (criminal  obstruction of breathing or
    16  blood circulation); section 121.12 (strangulation in the second degree);
    17  section 121.13 (strangulation in the first degree); subdivision  one  of
    18  section 125.15 (manslaughter in the second degree); subdivision one, two
    19  or  four  of  section 125.20 (manslaughter in the first degree); section
    20  125.25 (murder in the second degree);  section  130.20  (sexual  miscon-
    21  duct);  section  130.25 (rape in the third degree); section 130.30 (rape
    22  in the second degree);  section  130.35  (rape  in  the  first  degree);
    23  formerly  defined in section 130.40; formerly defined in section 130.45;
    24  formerly defined in section 130.50; defined in section 130.52  (forcible
    25  touching);  section  130.53  (persistent  sexual  abuse); section 130.55
    26  (sexual abuse in the third degree); section 130.60 (sexual abuse in  the
    27  second  degree);  section  130.65  (sexual  abuse  in the first degree);
    28  section 130.66 (aggravated sexual abuse in the  third  degree);  section
    29  130.67  (aggravated  sexual  abuse in the second degree); section 130.70
    30  (aggravated sexual abuse in the first degree); section 130.91  (sexually
    31  motivated  felony);  section  130.95 (predatory sexual assault); section
    32  130.96 (predatory  sexual  assault  against  a  child);  section  135.05
    33  (unlawful  imprisonment  in the second degree); section 135.10 (unlawful
    34  imprisonment in the first degree); section 135.60 (coercion in the third
    35  degree); section 135.61 (coercion in the second degree); section  135.65
    36  (coercion  in  the  first degree); section 140.20 (burglary in the third
    37  degree); section 140.25 (burglary in the second degree); section  140.30
    38  (burglary in the first degree); section 145.00 (criminal mischief in the
    39  fourth  degree); section 145.05 (criminal mischief in the third degree);
    40  section 145.10 (criminal mischief in the second degree); section  145.12
    41  (criminal  mischief  in  the  first  degree);  section  145.14 (criminal
    42  tampering in the third degree); section 215.50 (criminal contempt in the
    43  second degree); section 215.51 (criminal contempt in the first  degree);
    44  section  215.52  (aggravated criminal contempt); section 240.25 (harass-
    45  ment in the first degree); subdivision  one,  two  or  four  of  section
    46  240.30  (aggravated  harassment in the second degree); aggravated family
    47  offense as defined in this section  or  any  attempt  or  conspiracy  to
    48  commit  any of the foregoing offenses where the defendant and the person
    49  against whom the offense was committed were members of the  same  family
    50  or  household  as  defined  in  subdivision one of section 530.11 of the
    51  criminal procedure law.
    52    § 15. Section 255.26 of the penal law, as amended by a chapter of  the
    53  laws  of  2023  amending  the penal law, the criminal procedure law, the
    54  correction law, the social services law, the vehicle  and  traffic  law,
    55  the  family  court act, the civil rights law, the civil practice law and
    56  rules, the agriculture and markets law, the judiciary law and the domes-

        A. 8558                             8
 
     1  tic relations law relating to sex offenses, as proposed  in  legislative
     2  bills numbers S. 3161 and A. 3340, is amended to read as follows:
     3  § 255.26 Incest in the second degree.
     4    A  person  is  guilty  of  incest  in the second degree when he or she
     5  commits the crime of rape in the second degree, as  defined  in  section
     6  130.30  of  this  part, or a crime formerly defined in section 130.45 of
     7  this part, against a person whom he or she knows to be related to him or
     8  her, whether through marriage or not, as an ancestor, descendant, broth-
     9  er or sister of either the whole or the half blood, uncle, aunt,  nephew
    10  or niece.
    11    Incest in the second degree is a class D felony.
    12    §  16. Section 255.27 of the penal law, as amended by a chapter of the
    13  laws of 2023 amending the penal law, the  criminal  procedure  law,  the
    14  correction  law,  the  social services law, the vehicle and traffic law,
    15  the family court act, the civil rights law, the civil practice  law  and
    16  rules, the agriculture and markets law, the judiciary law and the domes-
    17  tic  relations  law relating to sex offenses, as proposed in legislative
    18  bills numbers S. 3161 and A. 3340, is amended to read as follows:
    19  § 255.27 Incest in the first degree.
    20    A person is guilty of incest in  the  first  degree  when  he  or  she
    21  commits  the  crime of rape in the first degree, as defined in paragraph
    22  (c) or (d) of subdivision one, paragraph (c) or (d) of  subdivision  two
    23  or  paragraph  (c) or (d) of subdivision three of section 130.35 of this
    24  part, rape in the first degree as defined in former subdivision three or
    25  four of section 130.35 of this part, or  a  crime  formerly  defined  in
    26  subdivision  three  or  four  of  section 130.50 of this part, against a
    27  person whom he or she knows to be related to him or her, whether through
    28  marriage or not, as an ancestor, descendant, brother or sister of either
    29  the whole or half blood, uncle, aunt, nephew or niece.
    30    Incest in the first degree is a class B felony.
    31    § 17. Subdivision 3 of section 485.05 of the penal law, as amended  by
    32  a  chapter  of  the  laws  of  2023 amending the penal law, the criminal
    33  procedure law, the correction law, the social services law, the  vehicle
    34  and  traffic  law, the family court act, the civil rights law, the civil
    35  practice law and rules, the agriculture and markets law,  the  judiciary
    36  law and the domestic relations law relating to sex offenses, as proposed
    37  in  legislative bills numbers S. 3161 and A. 3340, is amended to read as
    38  follows:
    39    3. A "specified offense" is an offense defined by any of the following
    40  provisions of  this  chapter:  section  120.00  (assault  in  the  third
    41  degree);  section  120.05 (assault in the second degree); section 120.10
    42  (assault in the first degree); section 120.12 (aggravated assault upon a
    43  person less than eleven years old);  section  120.13  (menacing  in  the
    44  first  degree);  section 120.14 (menacing in the second degree); section
    45  120.15 (menacing in the third degree); section 120.20  (reckless  endan-
    46  germent  in the second degree); section 120.25 (reckless endangerment in
    47  the first degree); section 121.12 (strangulation in the second  degree);
    48  section  121.13  (strangulation in the first degree); subdivision one of
    49  section 125.15 (manslaughter in the second degree); subdivision one, two
    50  or four of section 125.20 (manslaughter in the  first  degree);  section
    51  125.25  (murder  in  the second degree); section 120.45 (stalking in the
    52  fourth degree); section 120.50 (stalking in the third  degree);  section
    53  120.55  (stalking in the second degree); section 120.60 (stalking in the
    54  first degree); paragraph (a) of subdivision one, paragraph (a) of subdi-
    55  vision two and paragraph (a) of  subdivision  three  of  section  130.35
    56  (rape  in  the  first  degree); former subdivision one of section 130.35

        A. 8558                             9
 
     1  (rape in the first degree); subdivision one of  former  section  130.50;
     2  subdivision  one  of  section 130.65 (sexual abuse in the first degree);
     3  paragraph (a) of subdivision one of section  130.67  (aggravated  sexual
     4  abuse in the second degree); paragraph (a) of subdivision one of section
     5  130.70  (aggravated  sexual  abuse  in the first degree); section 135.05
     6  (unlawful imprisonment in the second degree); section  135.10  (unlawful
     7  imprisonment  in  the  first  degree); section 135.20 (kidnapping in the
     8  second degree); section 135.25 (kidnapping in the first degree); section
     9  135.60 (coercion in the third degree); section 135.61 (coercion  in  the
    10  second  degree);  section 135.65 (coercion in the first degree); section
    11  140.10 (criminal trespass in the third degree); section 140.15 (criminal
    12  trespass in the second degree); section 140.17 (criminal trespass in the
    13  first degree); section 140.20 (burglary in the  third  degree);  section
    14  140.25  (burglary in the second degree); section 140.30 (burglary in the
    15  first degree); section 145.00 (criminal mischief in the fourth  degree);
    16  section  145.05  (criminal mischief in the third degree); section 145.10
    17  (criminal mischief in  the  second  degree);  section  145.12  (criminal
    18  mischief  in  the  first  degree);  section  150.05 (arson in the fourth
    19  degree); section 150.10 (arson in  the  third  degree);  section  150.15
    20  (arson  in  the  second  degree);  section  150.20  (arson  in the first
    21  degree); section 155.25 (petit larceny); section 155.30  (grand  larceny
    22  in  the  fourth  degree);  section  155.35  (grand  larceny in the third
    23  degree); section 155.40 (grand larceny in the  second  degree);  section
    24  155.42  (grand  larceny in the first degree); section 160.05 (robbery in
    25  the third degree);  section  160.10  (robbery  in  the  second  degree);
    26  section 160.15 (robbery in the first degree); section 240.25 (harassment
    27  in  the  first  degree);  subdivision one, two or four of section 240.30
    28  (aggravated harassment in the second degree); section 490.10 (soliciting
    29  or providing support for an act of  terrorism  in  the  second  degree);
    30  section  490.15 (soliciting or providing support for an act of terrorism
    31  in the first degree); section  490.20  (making  a  terroristic  threat);
    32  section  490.25  (crime  of terrorism); section 490.30 (hindering prose-
    33  cution of terrorism in the second  degree);  section  490.35  (hindering
    34  prosecution  of terrorism in the first degree); section 490.37 (criminal
    35  possession of a chemical  weapon  or  biological  weapon  in  the  third
    36  degree);  section  490.40  (criminal  possession of a chemical weapon or
    37  biological weapon  in  the  second  degree);  section  490.45  (criminal
    38  possession  of  a  chemical  weapon  or  biological  weapon in the first
    39  degree); section 490.47 (criminal use of a chemical weapon or biological
    40  weapon in the third degree); section 490.50 (criminal use of a  chemical
    41  weapon or biological weapon in the second degree); section 490.55 (crim-
    42  inal use of a chemical weapon or biological weapon in the first degree);
    43  or any attempt or conspiracy to commit any of the foregoing offenses.
    44    § 18. Subdivision 42 of section 1.20 of the criminal procedure law, as
    45  amended  by  a  chapter  of the laws of 2023 amending the penal law, the
    46  criminal procedure law, the correction law, the social services law, the
    47  vehicle and traffic law, the family court act, the civil rights law, the
    48  civil practice law and rules, the agriculture and markets law, the judi-
    49  ciary law and the domestic relations law relating to  sex  offenses,  as
    50  proposed in legislative bills numbers S. 3161 and A. 3340, is amended to
    51  read as follows:
    52    42.  "Juvenile offender" means (1) a person, thirteen years old who is
    53  criminally responsible for acts constituting murder in the second degree
    54  as defined in subdivisions one and two of section 125.25  of  the  penal
    55  law,  or  such  conduct as a sexually motivated felony, where authorized
    56  pursuant to section 130.91 of the penal law; and (2) a  person  fourteen

        A. 8558                            10
 
     1  or fifteen years old who is criminally responsible for acts constituting
     2  the crimes defined in subdivisions one and two of section 125.25 (murder
     3  in  the second degree) and in subdivision three of such section provided
     4  that  the  underlying  crime for the murder charge is one for which such
     5  person is criminally responsible;  section  135.25  (kidnapping  in  the
     6  first  degree); 150.20 (arson in the first degree); subdivisions one and
     7  two of section 120.10 (assault in the first degree); 125.20 (manslaught-
     8  er in the first degree); paragraphs (a)  and  (b)  of  subdivision  one,
     9  paragraphs  (a) and (b) of subdivision two and paragraphs (a) and (b) of
    10  subdivision three of section 130.35 (rape in the first  degree);  former
    11  subdivisions  one  and two of section 130.35 (rape in the first degree);
    12  subdivisions one and two of former section  130.50;  130.70  (aggravated
    13  sexual  abuse  in  the  first  degree);  140.30  (burglary  in the first
    14  degree); subdivision one of  section  140.25  (burglary  in  the  second
    15  degree);  150.15  (arson  in  the second degree); 160.15 (robbery in the
    16  first degree); subdivision two of section 160.10 (robbery in the  second
    17  degree) of the penal law; or section 265.03 of the penal law, where such
    18  machine  gun  or  such  firearm  is possessed on school grounds, as that
    19  phrase is defined in subdivision fourteen of section 220.00 of the penal
    20  law; or defined in the penal law as an attempt to commit murder  in  the
    21  second  degree  or  kidnapping in the first degree, or such conduct as a
    22  sexually motivated felony, where authorized pursuant to  section  130.91
    23  of the penal law.
    24    §  19.  Paragraphs (a) and (b) of subdivision 1, the opening paragraph
    25  of subdivision 2 and paragraph (a) of subdivision 3 of section 140.20 of
    26  the criminal procedure law, as amended by a chapter of the laws of  2023
    27  amending  the penal law, the criminal procedure law, the correction law,
    28  the social services law, the vehicle and traffic law, the  family  court
    29  act,  the  civil rights law, the civil practice law and rules, the agri-
    30  culture and markets law, the judiciary law and  the  domestic  relations
    31  law  relating  to sex offenses, as proposed in legislative bills numbers
    32  S.  3161 and A. 3340, are amended to read as follows:
    33    (a) If the arrest is for an offense other than a class A, B,  C  or  D
    34  felony  or a violation of section 130.25, former section 130.40, section
    35  205.10, 205.17, 205.19 or 215.56 of the penal law committed in  a  town,
    36  but  not in a village thereof having a village court, and the town court
    37  of such town is not available at the time, the arrested  person  may  be
    38  brought  before the local criminal court of any village within such town
    39  or, any adjoining town, village embraced in whole or  in  part  by  such
    40  adjoining town, or city of the same county; and
    41    (b)  If  the  arrest is for an offense other than a class A, B, C or D
    42  felony or a violation of section 130.25, former section 130.40,  section
    43  205.10, 205.17, 205.19 or 215.56 of the penal law committed in a village
    44  having  a village court and such court is not available at the time, the
    45  arrested person may be brought before the town court of the town embrac-
    46  ing such village or any other village court within  such  town,  or,  if
    47  such  town  or  village  court is not available either, before the local
    48  criminal court of any adjoining town, village embraced in  whole  or  in
    49  part by such adjoining town, or city of the same county; and
    50    If the arrest is for an offense other than a class A, B, C or D felony
    51  or a violation of section 130.25, former section 130.40, section 205.10,
    52  205.17,  205.19 or 215.56 of the penal law, the arrested person need not
    53  be brought before a local criminal court as provided in subdivision one,
    54  and the procedure may instead be as follows:

        A. 8558                            11
 
     1    (a) the arrest is for an offense other than a class A, B, C or D felo-
     2  ny or a violation of section  130.25,  former  section  130.40,  section
     3  205.10, 205.17, 205.19 or 215.56 of the penal law, and
     4    §  20.  Paragraph  (a)  of  subdivision 3 and the opening paragraph of
     5  subdivision 4 of section  140.27  of  the  criminal  procedure  law,  as
     6  amended  by  a  chapter  of the laws of 2023 amending the penal law, the
     7  criminal procedure law, the correction law, the social services law, the
     8  vehicle and traffic law, the family court act, the civil rights law, the
     9  civil practice law and rules, the agriculture and markets law, the judi-
    10  ciary law and the domestic relations law relating to  sex  offenses,  as
    11  proposed  in  legislative bills numbers S. 3161 and A. 3340, are amended
    12  to read as follows:
    13    (a) the arrest is for an offense other than a class A, B, C or D felo-
    14  ny or a violation of section  130.25,  former  section  130.40,  section
    15  205.10, 205.17, 205.19 or 215.56 of the penal law and
    16    If the arrest is for an offense other than a class A, B, C or D felony
    17  or a violation of section 130.25, former section 130.40, section 205.10,
    18  205.17,  205.19 or 215.56 of the penal law, the arrested person need not
    19  be brought before a local criminal court as provided in subdivision two,
    20  and the procedure may instead be as follows:
    21    § 21. Paragraph (a) of subdivision 2  and  the  opening  paragraph  of
    22  subdivision  3  of  section  140.40  of  the  criminal procedure law, as
    23  amended by a chapter of the laws of 2023 amending  the  penal  law,  the
    24  criminal procedure law, the correction law, the social services law, the
    25  vehicle and traffic law, the family court act, the civil rights law, the
    26  civil practice law and rules, the agriculture and markets law, the judi-
    27  ciary  law  and  the domestic relations law relating to sex offenses, as
    28  proposed in legislative bills numbers S. 3161 and A. 3340,  are  amended
    29  to read as follows:
    30    (a) the arrest is for an offense other than a class A, B, C or D felo-
    31  ny  or  a  violation  of  section 130.25, former section 130.40, section
    32  205.10, 205.17, 205.19 or 215.56 of the penal law and
    33    If the arrest is for an offense other than a class A, B, C or D felony
    34  or a violation of section 130.25, former section 130.40, section 205.10,
    35  205.17, 205.19 or 215.56 of the penal law, the arrested person need  not
    36  be  brought  before  a  local criminal court, as provided in subdivision
    37  one, and the procedure may instead be as follows:
    38    § 22. Paragraph (a) of subdivision 1 of section 150.20 of the criminal
    39  procedure law, as amended by a chapter of the laws of 2023 amending  the
    40  penal  law,  the  criminal procedure law, the correction law, the social
    41  services law, the vehicle and traffic law, the  family  court  act,  the
    42  civil  rights law, the civil practice law and rules, the agriculture and
    43  markets law, the judiciary law and the domestic relations  law  relating
    44  to sex offenses, as proposed in legislative bills numbers S. 3161 and A.
    45  3340, is amended to read as follows:
    46    (a) Whenever a police officer is authorized pursuant to section 140.10
    47  of  this title to arrest a person without a warrant for an offense other
    48  than a class A, B, C or D felony  or  a  violation  of  section  130.25,
    49  former  section  130.40, section 205.10, 205.17, 205.19 or 215.56 of the
    50  penal law, he shall, except as set out in paragraph (b) of this subdivi-
    51  sion, subject to the  provisions  of  subdivisions  three  and  four  of
    52  section  150.40  of  this  title,  instead  issue to and serve upon such
    53  person an appearance ticket.
    54    § 23. Subdivision (a) of section 190.71 of the criminal procedure law,
    55  as amended by a chapter of the laws of 2023 amending the penal law,  the
    56  criminal procedure law, the correction law, the social services law, the

        A. 8558                            12
 
     1  vehicle and traffic law, the family court act, the civil rights law, the
     2  civil practice law and rules, the agriculture and markets law, the judi-
     3  ciary  law  and  the domestic relations law relating to sex offenses, as
     4  proposed in legislative bills numbers S. 3161 and A. 3340, is amended to
     5  read as follows:
     6    (a)  Except  as  provided in subdivision six of section 200.20 of this
     7  chapter, a grand jury may not indict (i) a person thirteen years of  age
     8  for any conduct or crime other than conduct constituting a crime defined
     9  in  subdivisions  one  and  two  of section 125.25 (murder in the second
    10  degree) or such conduct as a sexually motivated felony, where authorized
    11  pursuant to section 130.91 of the penal law; (ii) a person  fourteen  or
    12  fifteen years of age for any conduct or crime other than conduct consti-
    13  tuting  a  crime  defined  in subdivisions one and two of section 125.25
    14  (murder in the second degree) and in subdivision three of  such  section
    15  provided  that  the  underlying  crime  for the murder charge is one for
    16  which such person is criminally responsible; 135.25 (kidnapping  in  the
    17  first  degree); 150.20 (arson in the first degree); subdivisions one and
    18  two of section 120.10 (assault in the first degree); 125.20 (manslaught-
    19  er in the first degree); paragraphs (a)  and  (b)  of  subdivision  one,
    20  paragraphs  (a) and (b) of subdivision two and paragraphs (a) and (b) of
    21  subdivision three of section 130.35 (rape in the first  degree);  former
    22  subdivisions  one  and two of section 130.35 (rape in the first degree);
    23  subdivisions one and two of former section  130.50;  130.70  (aggravated
    24  sexual  abuse  in  the  first  degree);  140.30  (burglary  in the first
    25  degree); subdivision one of  section  140.25  (burglary  in  the  second
    26  degree);  150.15  (arson  in  the second degree); 160.15 (robbery in the
    27  first degree); subdivision two of section 160.10 (robbery in the  second
    28  degree) of the penal law; or section 265.03 of the penal law, where such
    29  machine  gun  or  such  firearm  is possessed on school grounds, as that
    30  phrase is defined in subdivision fourteen of section 220.00 of the penal
    31  law; or defined in the penal law as an attempt to commit murder  in  the
    32  second  degree  or  kidnapping in the first degree, or such conduct as a
    33  sexually motivated felony, where authorized pursuant to  section  130.91
    34  of the penal law.
    35    §  24.  Subdivision 4 of section 722.20 of the criminal procedure law,
    36  as amended by a chapter of the laws of 2023 amending the penal law,  the
    37  criminal procedure law, the correction law, the social services law, the
    38  vehicle and traffic law, the family court act, the civil rights law, the
    39  civil practice law and rules, the agriculture and markets law, the judi-
    40  ciary  law  and  the domestic relations law relating to sex offenses, as
    41  proposed in legislative bills numbers S. 3161 and A. 3340, is amended to
    42  read as follows:
    43    4. Notwithstanding the provisions of subdivisions  two  and  three  of
    44  this  section, the court shall, at the request of the district attorney,
    45  order removal of an action against a juvenile  offender  to  the  family
    46  court pursuant to the provisions of article seven hundred twenty-five of
    47  this  title if, upon consideration of the criteria specified in subdivi-
    48  sion two of section 722.22 of this article, it is determined that to  do
    49  so  would  be  in  the  interests of justice. Where, however, the felony
    50  complaint charges the juvenile offender with murder in the second degree
    51  as defined in section 125.25 of the penal law, rape in the first  degree
    52  as  defined in paragraph (a) of subdivision one, paragraph (a) of subdi-
    53  vision two and paragraph (a) of subdivision three of section  130.35  of
    54  the  penal law, rape in the first degree as formerly defined in subdivi-
    55  sion one of section 130.35 of the penal law; a crime formerly defined in
    56  subdivision one of section 130.50 of the penal law, or an  armed  felony

        A. 8558                            13
 
     1  as  defined in paragraph (a) of subdivision forty-one of section 1.20 of
     2  this chapter, a determination that such action be removed to the  family
     3  court  shall, in addition, be based upon a finding of one or more of the
     4  following  factors: (i) mitigating circumstances that bear directly upon
     5  the manner in which the crime was committed; or (ii) where the defendant
     6  was not the sole participant in the crime, the defendant's participation
     7  was relatively minor although not so minor as to constitute a defense to
     8  the prosecution; or (iii) possible deficiencies in proof of the crime.
     9    § 25. Subdivision 5 of section 722.21 of the criminal  procedure  law,
    10  as  amended by a chapter of the laws of 2023 amending the penal law, the
    11  criminal procedure law, the correction law, the social services law, the
    12  vehicle and traffic law, the family court act, the civil rights law, the
    13  civil practice law and rules, the agriculture and markets law, the judi-
    14  ciary law and the domestic relations law relating to  sex  offenses,  as
    15  proposed in legislative bills numbers S. 3161 and A. 3340, is amended to
    16  read as follows:
    17    5.  Notwithstanding subdivisions two and three of this section, at the
    18  request of the district attorney, the court shall order  removal  of  an
    19  action  against an adolescent offender charged with an offense listed in
    20  paragraph (a) of subdivision two of section 722.23 of this  article,  to
    21  the  family  court  pursuant  to the provisions of article seven hundred
    22  twenty-five of this title and upon consideration of the criteria  speci-
    23  fied  in subdivision two of section 722.22 of this article, it is deter-
    24  mined that to do so would be in the interests of justice. Where,  howev-
    25  er,  the felony complaint charges the adolescent offender with murder in
    26  the second degree as defined in section 125.25 of the penal law, rape in
    27  the first degree as defined in paragraph (a) of subdivision  one,  para-
    28  graph  (a)  of subdivision two and paragraph (a) of subdivision three of
    29  section 130.35 of the penal law, rape in the first  degree  as  formerly
    30  defined  in  subdivision one of section 130.35 of the penal law, a crime
    31  formerly defined in subdivision one of section 130.50 of the penal  law,
    32  or  an armed felony as defined in paragraph (a) of subdivision forty-one
    33  of section 1.20 of this chapter, a determination  that  such  action  be
    34  removed  to the family court shall, in addition, be based upon a finding
    35  of one or more of the following factors:  (i)  mitigating  circumstances
    36  that  bear directly upon the manner in which the crime was committed; or
    37  (ii) where the defendant was not the sole participant in the crime,  the
    38  defendant's  participation was relatively minor although not so minor as
    39  to constitute a defense to the prosecution; or (iii) possible  deficien-
    40  cies in proof of the crime.
    41    § 26. Paragraph (b) of subdivision 1 of section 722.22 of the criminal
    42  procedure  law, as amended by a chapter of the laws of 2023 amending the
    43  penal law, the criminal procedure law, the correction  law,  the  social
    44  services  law,  the  vehicle  and traffic law, the family court act, the
    45  civil rights law, the civil practice law and rules, the agriculture  and
    46  markets  law,  the judiciary law and the domestic relations law relating
    47  to sex offenses, as proposed in legislative bills numbers S. 3161 and A.
    48  3340, is amended to read as follows:
    49    (b) with the consent of the district attorney,  order  removal  of  an
    50  action  involving an indictment charging a juvenile offender with murder
    51  in the second degree as defined in section 125.25 of the penal law; rape
    52  in the first degree, as defined in paragraph  (a)  of  subdivision  one,
    53  paragraph  (a) of subdivision two and paragraph (a) of subdivision three
    54  of section 130.35 of the penal law; rape in the first degree as formerly
    55  defined in subdivision one of section 130.35 of the penal law;  a  crime
    56  formerly  defined in subdivision one of section 130.50 of the penal law;

        A. 8558                            14
 
     1  or an armed felony as defined in paragraph (a) of subdivision  forty-one
     2  of  section  1.20  of  this chapter, to the family court pursuant to the
     3  provisions of article seven hundred twenty-five of  this  title  if  the
     4  court finds one or more of the following factors: (i) mitigating circum-
     5  stances  that  bear  directly  upon  the  manner  in which the crime was
     6  committed; (ii) where the defendant was not the sole participant in  the
     7  crime,  the  defendant's participation was relatively minor although not
     8  so minor as to constitute a defense to the prosecution; or (iii)  possi-
     9  ble  deficiencies in the proof of the crime, and, after consideration of
    10  the factors set forth in subdivision two  of  this  section,  the  court
    11  determined  that  removal  of the action to the family court would be in
    12  the interests of justice.
    13    § 27. Subparagraph (iii) of paragraph (g) of subdivision 5 of  section
    14  220.10  of  the  criminal  procedure law, as amended by a chapter of the
    15  laws of 2023 amending the penal law, the  criminal  procedure  law,  the
    16  correction  law,  the  social services law, the vehicle and traffic law,
    17  the family court act, the civil rights law, the civil practice  law  and
    18  rules, the agriculture and markets law, the judiciary law and the domes-
    19  tic  relations  law relating to sex offenses, as proposed in legislative
    20  bills numbers S. 3161 and A. 3340, is amended to read as follows:
    21    (iii) Where the indictment  does  not  charge  a  crime  specified  in
    22  subparagraph  (i) of this paragraph, the district attorney may recommend
    23  removal of the action to the family court. Upon making such  recommenda-
    24  tion  the district attorney shall submit a subscribed memorandum setting
    25  forth: (1) a recommendation that the interests of justice would best  be
    26  served  by  removal  of  the  action to the family court; and (2) if the
    27  indictment charges a thirteen year old with the crime of murder  in  the
    28  second degree, or a fourteen or fifteen year old with the crimes of rape
    29  in  the  first  degree  as  defined in paragraph (a) of subdivision one,
    30  paragraph (a) of subdivision two and paragraph (a) of subdivision  three
    31  of section 130.35 of the penal law, rape in the first degree as formerly
    32  defined  in  subdivision one of section 130.35 of the penal law, a crime
    33  formerly defined in subdivision one of section 130.50 of the penal  law,
    34  or  an armed felony as defined in paragraph (a) of subdivision forty-one
    35  of section 1.20 of this chapter specific factors, one or more  of  which
    36  reasonably  supports the recommendation, showing, (i) mitigating circum-
    37  stances that bear directly upon  the  manner  in  which  the  crime  was
    38  committed,  or  (ii) where the defendant was not the sole participant in
    39  the crime, that  the  defendant's  participation  was  relatively  minor
    40  although  not so minor as to constitute a defense to the prosecution, or
    41  (iii) possible deficiencies in proof of the crime,  or  (iv)  where  the
    42  juvenile  offender  has  no previous adjudications of having committed a
    43  designated felony act, as defined in subdivision eight of section  301.2
    44  of  the  family  court act, regardless of the age of the offender at the
    45  time of commission of the act, that the criminal act was not part  of  a
    46  pattern  of  criminal behavior and, in view of the history of the offen-
    47  der, is not likely to be repeated.
    48    § 28. Subdivision 6 of section 300.50 of the criminal  procedure  law,
    49  as  amended by a chapter of the laws of 2023 amending the penal law, the
    50  criminal procedure law, the correction law, the social services law, the
    51  vehicle and traffic law, the family court act, the civil rights law, the
    52  civil practice law and rules, the agriculture and markets law, the judi-
    53  ciary law and the domestic relations law relating to  sex  offenses,  as
    54  proposed in legislative bills numbers S. 3161 and A. 3340, is amended to
    55  read as follows:

        A. 8558                            15
 
     1    6.  For  purposes  of  this section, the offenses of rape in the third
     2  degree as defined in the former subdivision three or subdivisions seven,
     3  eight and nine of section 130.25 of the penal law and a  crime  formerly
     4  defined in subdivision three of section 130.40 of the penal law, are not
     5  lesser  included  offenses of rape in the first degree, a crime formerly
     6  defined in section 130.50 of  the  penal  law,  or  any  other  offense.
     7  Notwithstanding  the  foregoing,  any such offense may be submitted as a
     8  lesser included offense of the applicable first degree offense when  (i)
     9  there is a reasonable view of the evidence which would support a finding
    10  that  the defendant committed such lesser offense but did not commit the
    11  greater offense, and (ii) both parties consent to its submission.
    12    § 29. Subdivision 6 of section 380.50 of the criminal  procedure  law,
    13  as  amended by a chapter of the laws of 2023 amending the penal law, the
    14  criminal procedure law, the correction law, the social services law, the
    15  vehicle and traffic law, the family court act, the civil rights law, the
    16  civil practice law and rules, the agriculture and markets law, the judi-
    17  ciary law and the domestic relations law relating to  sex  offenses,  as
    18  proposed in legislative bills numbers S. 3161 and A. 3340, is amended to
    19  read as follows:
    20    6.  Regardless of whether the victim requests to make a statement with
    21  regard to the defendant's sentence, where the defendant is sentenced for
    22  a violent felony offense as defined in section 70.02 of the penal law or
    23  a felony defined in article one hundred twenty-five of such law  or  any
    24  of  the following provisions of such law sections 130.25, 130.30, former
    25  section 130.40, former section 130.45, sections 255.25, 255.26,  255.27,
    26  article two hundred sixty-three, 135.10, 135.25, 230.05, 230.06, 230.11,
    27  230.12,  230.13, subdivision two of section 230.30 or 230.32, the prose-
    28  cutor shall, within sixty days of the imposition  of  sentence,  provide
    29  the  victim with a form, prepared and distributed by the commissioner of
    30  the division of criminal justice  services,  in  consultation  with  the
    31  director of the office of victim services, on which the victim may indi-
    32  cate  a demand to be informed of any petition to change the name of such
    33  defendant. Such forms shall  be  maintained  by  such  prosecutor.  Upon
    34  receipt of a notice of a petition to change the name of any such defend-
    35  ant,  pursuant  to  subdivision  two  of  section sixty-two of the civil
    36  rights law, the prosecutor shall promptly notify the victim at the  most
    37  current  address or telephone number provided by such victim in the most
    38  reasonable and expedient possible manner of  the  time  and  place  such
    39  petition will be presented to the court.
    40    § 30. Paragraph (b) of subdivision 8 of section 700.05 of the criminal
    41  procedure  law, as amended by a chapter of the laws of 2023 amending the
    42  penal law, the criminal procedure law, the correction  law,  the  social
    43  services  law,  the  vehicle  and traffic law, the family court act, the
    44  civil rights law, the civil practice law and rules, the agriculture  and
    45  markets  law,  the judiciary law and the domestic relations law relating
    46  to sex offenses, as proposed in legislative bills numbers S. 3161 and A.
    47  3340, is amended to read as follows:
    48    (b) Any of the following felonies: assault in  the  second  degree  as
    49  defined  in section 120.05 of the penal law, assault in the first degree
    50  as defined in section 120.10 of the penal law, reckless endangerment  in
    51  the  first degree as defined in section 120.25 of the penal law, promot-
    52  ing a suicide attempt as defined in section 120.30  of  the  penal  law,
    53  strangulation  in  the second degree as defined in section 121.12 of the
    54  penal law, strangulation in the  first  degree  as  defined  in  section
    55  121.13  of  the  penal  law, criminally negligent homicide as defined in
    56  section 125.10 of the penal law, manslaughter in the  second  degree  as

        A. 8558                            16
 
     1  defined  in  section  125.15 of the penal law, manslaughter in the first
     2  degree as defined in section 125.20 of the  penal  law,  murder  in  the
     3  second  degree  as defined in section 125.25 of the penal law, murder in
     4  the  first degree as defined in section 125.27 of the penal law, rape in
     5  the third degree as defined in section 130.25 of the penal law, rape  in
     6  the second degree as defined in section 130.30 of the penal law, rape in
     7  the  first degree as defined in section 130.35 of the penal law, a crime
     8  formerly defined in section 130.40 of the penal law,  a  crime  formerly
     9  defined  in section 130.45 of the penal law, a crime formerly defined in
    10  section 130.50 of the penal law, sexual abuse in  the  first  degree  as
    11  defined in section 130.65 of the penal law, unlawful imprisonment in the
    12  first  degree  as defined in section 135.10 of the penal law, kidnapping
    13  in the second degree as defined in section  135.20  of  the  penal  law,
    14  kidnapping in the first degree as defined in section 135.25 of the penal
    15  law,  labor  trafficking  as defined in section 135.35 of the penal law,
    16  aggravated labor trafficking as defined in section 135.37 of  the  penal
    17  law,  custodial  interference  in the first degree as defined in section
    18  135.50 of the penal law, coercion in the  first  degree  as  defined  in
    19  section  135.65  of the penal law, criminal trespass in the first degree
    20  as defined in section 140.17 of the penal law,  burglary  in  the  third
    21  degree  as  defined  in section 140.20 of the penal law, burglary in the
    22  second degree as defined in section 140.25 of the penal law, burglary in
    23  the first degree as defined in section 140.30 of the penal law, criminal
    24  mischief in the third degree as defined in section 145.05 of  the  penal
    25  law, criminal mischief in the second degree as defined in section 145.10
    26  of  the  penal  law, criminal mischief in the first degree as defined in
    27  section 145.12 of the penal law, criminal tampering in the first  degree
    28  as  defined  in  section  145.20  of  the penal law, arson in the fourth
    29  degree as defined in section 150.05 of the penal law, arson in the third
    30  degree as defined in section 150.10 of  the  penal  law,  arson  in  the
    31  second  degree  as  defined in section 150.15 of the penal law, arson in
    32  the first degree as defined in section 150.20 of the  penal  law,  grand
    33  larceny  in  the fourth degree as defined in section 155.30 of the penal
    34  law, grand larceny in the third degree as defined in section  155.35  of
    35  the  penal law, grand larceny in the second degree as defined in section
    36  155.40 of the penal law, grand larceny in the first degree as defined in
    37  section 155.42 of the penal law, health care fraud in the fourth  degree
    38  as  defined in section 177.10 of the penal law, health care fraud in the
    39  third degree as defined in section 177.15 of the penal law, health  care
    40  fraud  in  the  second  degree as defined in section 177.20 of the penal
    41  law, health care fraud in the first degree as defined in section  177.25
    42  of  the  penal  law,  robbery  in the third degree as defined in section
    43  160.05 of the penal law, robbery in the  second  degree  as  defined  in
    44  section  160.10 of the penal law, robbery in the first degree as defined
    45  in section 160.15 of the penal law, unlawful use  of  secret  scientific
    46  material  as  defined  in  section  165.07  of  the  penal law, criminal
    47  possession of stolen property in the fourth degree as defined in section
    48  165.45 of the penal law, criminal possession of stolen property  in  the
    49  third  degree  as  defined  in section 165.50 of the penal law, criminal
    50  possession of stolen property in the second degree as defined by section
    51  165.52 of the penal law, criminal possession of stolen property  in  the
    52  first  degree  as  defined by section 165.54 of the penal law, trademark
    53  counterfeiting in the second degree as defined in section 165.72 of  the
    54  penal  law,  trademark  counterfeiting in the first degree as defined in
    55  section 165.73 of the penal law, forgery in the second degree as defined
    56  in section 170.10 of the penal law,  forgery  in  the  first  degree  as

        A. 8558                            17
 
     1  defined  in  section  170.15  of the penal law, criminal possession of a
     2  forged instrument in the second degree as defined in section  170.25  of
     3  the  penal  law, criminal possession of a forged instrument in the first
     4  degree  as  defined  in  section  170.30  of  the  penal  law,  criminal
     5  possession of forgery devices as defined in section 170.40 of the  penal
     6  law,  falsifying  business  records  in  the  first degree as defined in
     7  section 175.10 of the penal law, tampering with public  records  in  the
     8  first  degree  as defined in section 175.25 of the penal law, offering a
     9  false instrument for filing in the first degree as  defined  in  section
    10  175.35  of  the  penal  law,  issuing  a false certificate as defined in
    11  section 175.40 of the penal  law,  criminal  diversion  of  prescription
    12  medications and prescriptions in the second degree as defined in section
    13  178.20  of the penal law, criminal diversion of prescription medications
    14  and prescriptions in the first degree as defined in  section  178.25  of
    15  the  penal  law,  residential  mortgage  fraud  in  the fourth degree as
    16  defined in section 187.10 of the penal law, residential  mortgage  fraud
    17  in the third degree as defined in section 187.15 of the penal law, resi-
    18  dential mortgage fraud in the second degree as defined in section 187.20
    19  of  the  penal  law,  residential  mortgage fraud in the first degree as
    20  defined in section 187.25 of the penal law, escape in the second  degree
    21  as  defined  in  section  205.10  of  the penal law, escape in the first
    22  degree as defined in section 205.15 of the penal  law,  absconding  from
    23  temporary  release  in  the first degree as defined in section 205.17 of
    24  the penal law, promoting  prison  contraband  in  the  first  degree  as
    25  defined in section 205.25 of the penal law, hindering prosecution in the
    26  second  degree  as defined in section 205.60 of the penal law, hindering
    27  prosecution in the first degree as defined  in  section  205.65  of  the
    28  penal  law,  sex  trafficking  as defined in section 230.34 of the penal
    29  law, sex trafficking of a child as defined in section  230.34-a  of  the
    30  penal  law,  criminal  possession  of  a  weapon  in the third degree as
    31  defined in subdivisions two, three and five of  section  265.02  of  the
    32  penal  law,  criminal  possession  of  a  weapon in the second degree as
    33  defined in section 265.03 of the penal law,  criminal  possession  of  a
    34  weapon  in  the  first  degree as defined in section 265.04 of the penal
    35  law, manufacture, transport, disposition and defacement of  weapons  and
    36  dangerous instruments and appliances defined as felonies in subdivisions
    37  one, two, and three of section 265.10 of the penal law, sections 265.11,
    38  265.12  and  265.13  of  the  penal law, or prohibited use of weapons as
    39  defined in subdivision two of section 265.35 of the penal law,  relating
    40  to  firearms  and other dangerous weapons, criminal manufacture, sale or
    41  transport of an undetectable firearm, rifle or  shotgun  as  defined  in
    42  section  265.50 of the penal law, or failure to disclose the origin of a
    43  recording in the first degree as defined in section 275.40 of the  penal
    44  law;
    45    § 31. Paragraph (a) of subdivision 2 of section 720.10 of the criminal
    46  procedure  law, as amended by a chapter of the laws of 2023 amending the
    47  penal law, the criminal procedure law, the correction  law,  the  social
    48  services  law,  the  vehicle  and traffic law, the family court act, the
    49  civil rights law, the civil practice law and rules, the agriculture  and
    50  markets  law,  the judiciary law and the domestic relations law relating
    51  to sex offenses, as proposed in legislative bills numbers S. 3161 and A.
    52  3340, is amended to read as follows:
    53    (a) the conviction to be replaced by a youthful  offender  finding  is
    54  for  (i)  a  class  A-I or class A-II felony, or (ii) an armed felony as
    55  defined in subdivision forty-one of section 1.20, except as provided  in
    56  subdivision  three,  or (iii) rape in the first degree, a crime formerly

        A. 8558                            18
 
     1  defined in section 130.50 of the penal law, or the crime  of  aggravated
     2  sexual abuse, except as provided in subdivision three, or
     3    §  32. Paragraph (a) of subdivision 2 and paragraph (a) of subdivision
     4  3 of section 168-a of the correction law, as amended by a chapter of the
     5  laws of 2023 amending the penal law, the  criminal  procedure  law,  the
     6  correction  law,  the  social services law, the vehicle and traffic law,
     7  the family court act, the civil rights law, the civil practice  law  and
     8  rules, the agriculture and markets law, the judiciary law and the domes-
     9  tic  relations  law relating to sex offenses, as proposed in legislative
    10  bills numbers S. 3161 and A. 3340, are amended to read as follows:
    11    (a) (i) a conviction of or a conviction for an attempt to  commit  any
    12  of  the  provisions of sections 120.70, 130.20, 130.25, 130.30, [130.40,
    13  130.45,] former section 130.40, former section 130.45, sections  130.60,
    14  230.34,  230.34-a,  250.50,  255.25,  255.26  and  255.27 or article two
    15  hundred sixty-three of the penal law, or section 135.05, 135.10,  135.20
    16  or  135.25  of  such  law  relating to kidnapping offenses, provided the
    17  victim of such kidnapping or related  offense  is  less  than  seventeen
    18  years  old  and the offender is not the parent of the victim, or section
    19  230.04, where the person patronized is in fact less than seventeen years
    20  of age, 230.05, 230.06,  230.11,  230.12,  230.13,  subdivision  two  of
    21  section  230.30,  section 230.32, 230.33, or 230.34 of the penal law, or
    22  section 230.25 of the penal law where the person prostituted is in  fact
    23  less than seventeen years old, or
    24    (a)  (i)  a conviction of or a conviction for an attempt to commit any
    25  of the provisions of [sections] section 130.35, former  section  130.50,
    26  sections  130.65,  130.66,  130.67,  130.70,  130.75, 130.80, 130.95 and
    27  130.96 of the penal law, or (ii) a conviction of or a conviction for  an
    28  attempt to commit any of the provisions of sections 130.53, 130.65-a and
    29  130.90 of the penal law, or (iii) a conviction of or a conviction for an
    30  attempt  to commit any provisions of the foregoing sections committed or
    31  attempted as a hate crime defined in section 485.05 of the penal law  or
    32  as a crime of terrorism defined in section 490.25 of such law; or
    33    §  33.  Subparagraph (ii) of paragraph (a), subparagraphs (i) and (ii)
    34  of paragraph (b) and paragraph (e) of subdivision 8 of section 384-b  of
    35  the  social  services  law,  as amended by a chapter of the laws of 2023
    36  amending the penal law, the criminal procedure law, the correction  law,
    37  the  social  services law, the vehicle and traffic law, the family court
    38  act, the civil rights law, the civil practice law and rules,  the  agri-
    39  culture  and  markets  law, the judiciary law and the domestic relations
    40  law relating to sex offenses, as proposed in legislative  bills  numbers
    41  S. 3161 and A.  3340, are amended to read as follows:
    42    (ii)  the  child  has  been found to be an abused child, as defined in
    43  paragraph (iii) of subdivision (e) of section ten hundred twelve of  the
    44  family  court act, as a result of such parent's acts; provided, however,
    45  the respondent must have committed or knowingly allowed to be  committed
    46  a  felony  sex  offense  as  defined in sections 130.25, 130.30, 130.35,
    47  former sections 130.40, 130.45, 130.50, sections 130.65, 130.67, 130.70,
    48  130.75, 130.80, 130.95 and 130.96 of the penal law and, for the purposes
    49  of this section the corroboration requirements contained  in  the  penal
    50  law shall not apply to proceedings under this section; or
    51    (i)  the child has been found to be an abused child, (A) as defined in
    52  paragraph (i) of subdivision (e) of section ten hundred  twelve  of  the
    53  family  court  act, as a result of such parent's acts; or (B) as defined
    54  in paragraph (iii) of subdivision (e) of section ten hundred  twelve  of
    55  the  family  court  act,  as  a  result of such parent's acts; provided,
    56  however, the respondent must have committed or knowingly allowed  to  be

        A. 8558                            19
 
     1  committed  a  felony  sex offense as defined in sections 130.25, 130.30,
     2  130.35, former sections 130.40, 130.45, 130.50, sections 130.65, 130.67,
     3  130.70, 130.75, 130.80, 130.95 and 130.96 of the penal law; and
     4    (ii)  (A)  the child or another child for whose care such parent is or
     5  has been legally responsible has been previously found, within the  five
     6  years  immediately  preceding  the initiation of the proceeding in which
     7  such abuse is found, to be an abused child, as defined in paragraph  (i)
     8  or  (iii) of subdivision (e) of section ten hundred twelve of the family
     9  court act, as a result of such parent's acts; provided, however, in  the
    10  case  of a finding of abuse as defined in paragraph (iii) of subdivision
    11  (e) of section ten hundred twelve of the family court act the respondent
    12  must have committed or knowingly allowed to be committed  a  felony  sex
    13  offense  as  defined in sections 130.25, 130.30, 130.35, former sections
    14  130.40, 130.45, 130.50, sections  130.65,  130.67,  130.70,  130.75  and
    15  130.80 of the penal law, or (B) the parent has been convicted of a crime
    16  under  section  130.25,  130.30, 130.35, former sections 130.40, 130.45,
    17  130.50, sections 130.65, 130.67, 130.70, 130.75 or 130.80 of  the  penal
    18  law against the child, a sibling of the child or another child for whose
    19  care  such  parent  is  or has been legally responsible, within the five
    20  year period immediately preceding the initiation of  the  proceeding  in
    21  which abuse is found; and
    22    (e) A determination by the court in accordance with article ten of the
    23  family  court  act based upon clear and convincing evidence that a child
    24  was abused (A) as defined in paragraph (i) of subdivision (e) of section
    25  ten hundred twelve of the family court act, as a result of such parent's
    26  acts; or (B) as defined in paragraph (iii) of subdivision (e) of section
    27  ten hundred twelve of the family court act, as a result of such parent's
    28  acts; provided, however, the respondent must have committed or knowingly
    29  allowed to be committed a felony sex  offense  as  defined  in  sections
    30  130.25, 130.30, 130.35, former sections 130.40, 130.45, 130.50, sections
    31  130.65,  130.67, 130.70, 130.75 and 130.80 of the penal law shall estab-
    32  lish that the child was an abused child for the purpose  of  a  determi-
    33  nation  as required by subparagraph (i) or (ii) of paragraph (b) of this
    34  subdivision. Such a determination by the court in accordance with  arti-
    35  cle  ten  of  the  family  court  act based upon a fair preponderance of
    36  evidence shall be admissible in any proceeding commenced  in  accordance
    37  with this section.
    38    § 34. Paragraphs (a) and (b) of subdivision 4 of section 509-cc of the
    39  vehicle  and  traffic  law,  as amended by a chapter of the laws of 2023
    40  amending the penal law, the criminal procedure law, the correction  law,
    41  the  social  services law, the vehicle and traffic law, the family court
    42  act, the civil rights law, the civil practice law and rules,  the  agri-
    43  culture  and  markets  law, the judiciary law and the domestic relations
    44  law relating to sex offenses, as proposed in legislative  bills  numbers
    45  S.  3161 and A. 3340, are amended to read as follows:
    46    (a)  The offenses referred to in subparagraph (ii) of paragraph (a) of
    47  subdivision one and paragraph (a) of subdivision  two  of  this  section
    48  that  result  in  permanent  disqualification shall include a conviction
    49  under sections 125.12, 125.13, 125.14, 125.15, 125.20,  125.21,  125.22,
    50  125.25,  125.26,  125.27,  130.30,  130.35,  former  sections 130.45 and
    51  130.50, sections 130.65, 130.66, 130.67, 130.70, 130.75, 130.80, 130.90,
    52  130.95,  130.96,  135.25,  150.20,  230.30,  230.32,  230.34,  230.34-a,
    53  235.22,  263.05,  263.10,  263.11, 263.15, 263.16 of the penal law or an
    54  attempt to commit any of the aforesaid offenses under section 110.00  of
    55  the  penal  law, or any offenses committed under a former section of the
    56  penal law which would constitute violations of the aforesaid sections of

        A. 8558                            20
 
     1  the penal law, or any offenses committed outside this state which  would
     2  constitute violations of the aforesaid sections of the penal law.
     3    (b)  The offenses referred to in subparagraph (ii) of paragraph (a) of
     4  subdivision one and paragraph (b) of subdivision  two  of  this  section
     5  that  result  in  permanent  disqualification shall include a conviction
     6  under sections 100.13, 105.15, 105.17, 115.08, 120.12,  120.70,  125.10,
     7  125.11,  former  section  130.40,  sections  130.53,  130.60,  130.65-a,
     8  135.20, 160.15, 220.18, 220.21, 220.39, 220.41, 220.43, 220.44,  230.25,
     9  260.00, 265.04 of the penal law or an attempt to commit any of the afor-
    10  esaid  offenses  under  section 110.00 of the penal law, or any offenses
    11  committed under a former section of the penal law which would constitute
    12  violations of the aforesaid sections of the penal law, or  any  offenses
    13  committed  outside  this  state which would constitute violations of the
    14  aforesaid sections of the penal law.
    15    § 35. The opening paragraph of subdivision (b) of section 117  of  the
    16  family  court  act, as amended by a chapter of the laws of 2023 amending
    17  the penal law, the criminal  procedure  law,  the  correction  law,  the
    18  social  services law, the vehicle and traffic law, the family court act,
    19  the civil rights law, the civil practice law and rules, the  agriculture
    20  and markets law, the judiciary law and the domestic relations law relat-
    21  ing  to  sex  offenses, as proposed in legislative bills numbers S. 3161
    22  and A.  3340, is amended to read as follows:
    23    For every juvenile delinquency proceeding under article three  involv-
    24  ing  an  allegation of an act committed by a person which, if done by an
    25  adult, would be a crime (i) defined in sections 125.27  (murder  in  the
    26  first  degree); 125.25 (murder in the second degree); 135.25 (kidnapping
    27  in the first degree); or 150.20 (arson in the first degree) of the penal
    28  law committed by a  person  thirteen,  fourteen,  fifteen,  sixteen,  or
    29  seventeen  years  of  age; or such conduct committed as a sexually moti-
    30  vated felony, where authorized pursuant to section 130.91 of  the  penal
    31  law;  (ii)  defined  in  sections  120.10 (assault in the first degree);
    32  125.20 (manslaughter in the first degree); 130.35  (rape  in  the  first
    33  degree); former section 130.50; sections 130.70 (aggravated sexual abuse
    34  in the first degree); 135.20 (kidnapping in the second degree), but only
    35  where the abduction involved the use or threat of use of deadly physical
    36  force;  150.15  (arson  in the second degree); or 160.15 (robbery in the
    37  first degree) of the penal law committed by a person thirteen, fourteen,
    38  fifteen, sixteen, or seventeen years of age; or such  conduct  committed
    39  as  a  sexually  motivated  felony, where authorized pursuant to section
    40  130.91 of the penal law; (iii) defined in the penal law as an attempt to
    41  commit murder in the first or second degree or kidnapping in  the  first
    42  degree  committed  by  a person thirteen, fourteen, fifteen, sixteen, or
    43  seventeen years of age; or such conduct committed as  a  sexually  moti-
    44  vated  felony,  where authorized pursuant to section 130.91 of the penal
    45  law; (iv) defined in section 140.30  (burglary  in  the  first  degree);
    46  subdivision  one  of  section  140.25  (burglary  in the second degree);
    47  subdivision two of section 160.10 (robbery in the second degree) of  the
    48  penal law; or section 265.03 of the penal law, where such machine gun or
    49  such  firearm  is possessed on school grounds, as that phrase is defined
    50  in subdivision fourteen of section 220.00 of the penal law committed  by
    51  a  person fourteen, fifteen, sixteen, or seventeen years of age; or such
    52  conduct committed as  a  sexually  motivated  felony,  where  authorized
    53  pursuant  to  section  130.91  of  the penal law; (v) defined in section
    54  120.05 (assault in the second degree) or 160.10 (robbery in  the  second
    55  degree)  of  the  penal  law  committed  by  a person fourteen, fifteen,
    56  sixteen, or seventeen years of age but only where there has been a prior

        A. 8558                            21
 
     1  finding by a court that such person  has  previously  committed  an  act
     2  which,  if  committed  by an adult, would be the crime of assault in the
     3  second degree, robbery in the second degree or any designated felony act
     4  specified in clause (i), (ii) or (iii) of this subdivision regardless of
     5  the  age  of such person at the time of the commission of the prior act;
     6  or (vi) other than a misdemeanor, committed by a person at least  twelve
     7  but  less than eighteen years of age, but only where there have been two
     8  prior findings by the court that such person has committed a  prior  act
     9  which, if committed by an adult, would be a felony:
    10    §  36.  Subdivision  4  of  section  308.1 of the family court act, as
    11  amended by a chapter of the laws of 2023 amending  the  penal  law,  the
    12  criminal procedure law, the correction law, the social services law, the
    13  vehicle and traffic law, the family court act, the civil rights law, the
    14  civil practice law and rules, the agriculture and markets law, the judi-
    15  ciary  law  and  the domestic relations law relating to sex offenses, as
    16  proposed in legislative bills numbers S. 3161 and A. 3340, is amended to
    17  read as follows:
    18    4. The probation service shall not adjust a case in  which  the  child
    19  has  allegedly committed a delinquent act which would be a crime defined
    20  in section 120.25, (reckless endangerment in the first degree), subdivi-
    21  sion one of section 125.15, (manslaughter in the second degree),  subdi-
    22  visions  one,  two  and  three  of  section  130.25,  (rape in the third
    23  degree), subdivision one of former section 130.40,  subdivision  one  or
    24  two  of  section  130.65,  (sexual  abuse  in the first degree), section
    25  135.65, (coercion in the first degree), section 140.20, (burglary in the
    26  third degree), section 150.10, (arson  in  the  third  degree),  section
    27  160.05, (robbery in the third degree), subdivision two, three or four of
    28  section  265.02,  (criminal possession of a weapon in the third degree),
    29  section 265.03, (criminal possession of a weapon in the second  degree),
    30  or  section  265.04,  (criminal  possession of a dangerous weapon in the
    31  first degree) of the penal law where the child has previously had one or
    32  more adjustments of a case in which such child  allegedly  committed  an
    33  act  which  would be a crime specified in this subdivision unless it has
    34  received written approval from the court and the appropriate presentment
    35  agency.
    36    § 37. Subdivision (c) of section 1052 of  the  family  court  act,  as
    37  amended  by  a  chapter  of the laws of 2023 amending the penal law, the
    38  criminal procedure law, the correction law, the social services law, the
    39  vehicle and traffic law, the family court act, the civil rights law, the
    40  civil practice law and rules, the agriculture and markets law, the judi-
    41  ciary law and the domestic relations law relating to  sex  offenses,  as
    42  proposed in legislative bills numbers S. 3161 and A. 3340, is amended to
    43  read as follows:
    44    (c)  Prior to granting an order of disposition pursuant to subdivision
    45  (a) of this section following an adjudication of child abuse, as defined
    46  in paragraph (i) of subdivision (e) of section  ten  hundred  twelve  of
    47  this  act  or  a  finding of a felony sex offense as defined in sections
    48  130.25, 130.30, 130.35, former sections 130.40, 130.45, 130.50, sections
    49  130.65 and 130.70 of the penal law, the court shall advise the  respond-
    50  ent that any subsequent adjudication of child abuse, as defined in para-
    51  graph  (i) of subdivision (e) of section one thousand twelve of this act
    52  or any subsequent finding of a felony sex offense as  defined  in  those
    53  sections  of the penal law herein enumerated, arising out of acts of the
    54  respondent may result in the commitment of the guardianship and  custody
    55  of  the child or another child pursuant to section three hundred eighty-
    56  four-b of the social services law. The order in such cases shall contain

        A. 8558                            22
 
     1  a statement that any subsequent adjudication of child abuse  or  finding
     2  of a felony sex offense as described herein may result in the commitment
     3  of  the guardianship and custody of the child, or another child pursuant
     4  to section three hundred eighty-four-b of the social services law.
     5    §  38. Subdivision 2 of section 64 of the civil rights law, as amended
     6  by a chapter of the laws of 2023 amending the penal  law,  the  criminal
     7  procedure  law, the correction law, the social services law, the vehicle
     8  and traffic law, the family court act, the civil rights law,  the  civil
     9  practice  law  and rules, the agriculture and markets law, the judiciary
    10  law and the domestic relations law relating to sex offenses, as proposed
    11  in legislative bills numbers S. 3161 and A. 3340, is amended to read  as
    12  follows:
    13    2.  (a) If the petition states that the petitioner stands convicted of
    14  a violent felony offense as defined in section 70.02 of the penal law or
    15  a felony defined in article one hundred twenty-five of such law  or  any
    16  of  the following provisions of such law sections 130.25, 130.30, former
    17  sections 130.40 and 130.45, sections 255.25, 255.26, 255.27, article two
    18  hundred sixty-three, 135.10, 135.25, 230.05, 230.06, subdivision two  of
    19  section  230.30 or 230.32, the clerk of the court in which the order has
    20  been entered shall deliver, by first class mail, a copy of  such  certi-
    21  fied order to the division of criminal justice services at its office in
    22  the  county of Albany and (b) if the petition states that the petitioner
    23  is responsible for spousal support or child support obligations pursuant
    24  to court order, upon review of the  petitioner's  application  for  name
    25  change  and  subsequent inquiry, the court shall order the petitioner to
    26  deliver, by first class mail, the petitioner's new name with such certi-
    27  fied order to the court of  competent  jurisdiction  which  imposed  the
    28  orders  of  support.  If a party to the order is receiving child support
    29  services pursuant to title six-A of article three of the social services
    30  law, a copy shall be mailed to the support collection unit of the appli-
    31  cable social services district providing such services to a party.  Such
    32  certification  shall  appear  on the original order and on any certified
    33  copy thereof and shall be entered in the court's minutes of the proceed-
    34  ing.
    35    § 39. Section 213-c of the civil practice law and rules, as amended by
    36  a chapter of the laws of 2023  amending  the  penal  law,  the  criminal
    37  procedure  law, the correction law, the social services law, the vehicle
    38  and traffic law, the family court act, the civil rights law,  the  civil
    39  practice  law  and rules, the agriculture and markets law, the judiciary
    40  law and the domestic relations law relating to sex offenses, as proposed
    41  in legislative bills numbers S. 3161 and A. 3340, is amended to read  as
    42  follows:
    43    §  213-c.  Action  by  victim  of  conduct constituting certain sexual
    44  offenses. Notwithstanding any other limitation set forth in  this  arti-
    45  cle,  except as provided in subdivision (b) of section two hundred eight
    46  of this article, all civil claims or causes of  action  brought  by  any
    47  person for physical, psychological or other injury or condition suffered
    48  by such person as a result of conduct which would constitute rape in the
    49  first  degree  as defined in section 130.35 of the penal law, or rape in
    50  the second degree as defined in subdivision [two] four, five or  six  of
    51  section 130.30 of the penal law, or rape in the second degree as defined
    52  in former subdivision two of section 130.30 of the penal law, or rape in
    53  the  third degree as defined in subdivision one [or], two, three, seven,
    54  eight or nine of section 130.25 of the penal law, or  a  crime  formerly
    55  defined  in section 130.50 of the penal law, or a crime formerly defined
    56  in subdivision two of section 130.45  of  the  penal  law,  or  a  crime

        A. 8558                            23
 
     1  formerly  defined  in  subdivision one or three of section 130.40 of the
     2  penal law, or incest in the first degree as defined in section 255.27 of
     3  the penal law, or incest in the second  degree  as  defined  in  section
     4  255.26 of the penal law (where the crime committed is rape in the second
     5  degree  as  defined  in  subdivision  [two] four, five or six of section
     6  130.30 of the penal law, or  rape  in  the  second  degree  as  formerly
     7  defined  in  subdivision  two  of  section 130.30 of the penal law, or a
     8  crime formerly defined in subdivision two of section 130.45 of the penal
     9  law), or aggravated sexual abuse in  the  first  degree  as  defined  in
    10  section  130.70  of the penal law, or course of sexual conduct against a
    11  child in the first degree as defined in section 130.75 of the penal  law
    12  may  be brought against any party whose intentional or negligent acts or
    13  omissions are alleged to have resulted in the  commission  of  the  said
    14  conduct, within twenty years. Nothing in this section shall be construed
    15  to require that a criminal charge be brought or a criminal conviction be
    16  obtained as a condition of bringing a civil cause of action or receiving
    17  a  civil  judgment  pursuant  to this section or be construed to require
    18  that any of the rules governing a criminal proceeding be  applicable  to
    19  any such civil action.
    20    § 40. Paragraph (b) of subdivision 8 of section 215 of the civil prac-
    21  tice law and rules, as amended by a chapter of the laws of 2023 amending
    22  the  penal  law,  the  criminal  procedure  law, the correction law, the
    23  social services law, the vehicle and traffic law, the family court  act,
    24  the  civil rights law, the civil practice law and rules, the agriculture
    25  and markets law, the judiciary law and the domestic relations law relat-
    26  ing to sex offenses, as proposed in legislative bills  numbers  S.  3161
    27  and A.  3340, is amended to read as follows:
    28    (b)  Whenever  it  is  shown  that  a criminal action against the same
    29  defendant has been commenced with respect to  the  event  or  occurrence
    30  from  which  a  claim governed by this section arises, and such criminal
    31  action is for rape in the first degree as defined in section  130.35  of
    32  the  penal  law,  or  a  crime formerly defined in section 130.50 of the
    33  penal law, or aggravated sexual abuse in the first degree as defined  in
    34  section  130.70  of the penal law, or course of sexual conduct against a
    35  child in the first degree as defined in section 130.75 of the penal law,
    36  the plaintiff shall have at least five years from the termination of the
    37  criminal action as defined in section 1.20 of the criminal procedure law
    38  in which to commence the civil action, notwithstanding that the time  in
    39  which  to  commence  such  action has already expired or has less than a
    40  year remaining.
    41    § 41. Subdivision 11 of section 123 of  the  agriculture  and  markets
    42  law, as amended by a chapter of the laws of 2023 amending the penal law,
    43  the criminal procedure law, the correction law, the social services law,
    44  the vehicle and traffic law, the family court act, the civil rights law,
    45  the  civil  practice law and rules, the agriculture and markets law, the
    46  judiciary law and the domestic relations law relating to  sex  offenses,
    47  as proposed in legislative bills numbers S. 3161 and A. 3340, is amended
    48  to read as follows:
    49    11.  The owner shall not be liable pursuant to subdivision six, seven,
    50  eight, nine or ten of this section if the dog was coming to the  aid  or
    51  defense  of  a person during the commission or attempted commission of a
    52  murder, robbery, burglary, arson, rape in the first degree as defined in
    53  paragraph (a) or (b) of subdivision one, paragraph (a) or (b) of  subdi-
    54  vision  two  or  paragraph  (a)  or  (b) of subdivision three of section
    55  130.35 of the penal law, rape in the first  degree  as  defined  in  the
    56  former  subdivision  one  of  section  130.35  of the penal law, a crime

        A. 8558                            24
 
     1  formerly defined in subdivision one or two  of  section  130.50  of  the
     2  penal law or kidnapping within the dwelling or upon the real property of
     3  the owner of the dog and the dog injured or killed the person committing
     4  such criminal activity.
     5    §  42.  Section 4 of the judiciary law, as amended by a chapter of the
     6  laws of 2023 amending the penal law, the  criminal  procedure  law,  the
     7  correction  law,  the  social services law, the vehicle and traffic law,
     8  the family court act, the civil rights law, the civil practice  law  and
     9  rules, the agriculture and markets law, the judiciary law and the domes-
    10  tic  relations  law relating to sex offenses, as proposed in legislative
    11  bills numbers S. 3161 and A. 3340, is amended to read as follows:
    12    § 4. Sittings of courts to be public.  The  sittings  of  every  court
    13  within  this  state shall be public, and every citizen may freely attend
    14  the same, except that  in  all  proceedings  and  trials  in  cases  for
    15  divorce,  seduction,  rape, assault with intent to commit rape, bastardy
    16  [or], filiation, or a crime formerly defined in sections 130.50, 130.45,
    17  and 130.40 of the penal law, the court may, in its  discretion,  exclude
    18  therefrom all persons who are not directly interested therein, excepting
    19  jurors, witnesses, and officers of the court.
    20    §  43. Subdivision 2 of section 120.60 of the penal law, as amended by
    21  a chapter of the laws of 2023  amending  the  penal  law,  the  criminal
    22  procedure  law, the correction law, the social services law, the vehicle
    23  and traffic law, the family court act, the civil rights law,  the  civil
    24  practice  law  and rules, the agriculture and markets law, the judiciary
    25  law and the domestic relations law relating to sex offenses, as proposed
    26  in legislative bills numbers S. 3161 and A. 3340, is amended to read  as
    27  follows:
    28    2. commits a class A misdemeanor defined in article one hundred thirty
    29  of  this  chapter, or a class E felony defined in section 130.25, former
    30  section 130.40 or section 130.85 of this chapter, or a  class  D  felony
    31  defined in former section 130.45 or section 130.30 of this chapter.
    32    §  44. Subdivision 1 of section 235.00 of the penal law, as amended by
    33  a chapter of the laws of 2023  amending  the  penal  law,  the  criminal
    34  procedure  law, the correction law, the social services law, the vehicle
    35  and traffic law, the family court act, the civil rights law,  the  civil
    36  practice  law  and rules, the agriculture and markets law, the judiciary
    37  law and the domestic relations law relating to sex offenses, as proposed
    38  in legislative bills numbers S. 3161 and A. 3340, is amended to read  as
    39  follows:
    40    1.  "Obscene."  Any  material  or  performance is "obscene" if (a) the
    41  average person, applying contemporary community  standards,  would  find
    42  that  considered  as  a whole, its predominant appeal is to the prurient
    43  interest in sex, and (b) it depicts or describes in a patently offensive
    44  manner, actual or simulated:  vaginal sexual contact, a crime under  the
    45  former sections 130.50, 130.45, and 130.40 of the penal law, oral sexual
    46  contact,  anal  sexual contact, sexual bestiality, masturbation, sadism,
    47  masochism, excretion or lewd exhibition of the genitals, and (c) consid-
    48  ered as a whole, it lacks serious  literary,  artistic,  political,  and
    49  scientific  value.  Predominant appeal shall be judged with reference to
    50  ordinary adults unless it appears from the character of the material  or
    51  the  circumstances  of  its dissemination to be designed for children or
    52  other especially susceptible audience.
    53    § 45. Sections 65 and 66 of a chapter of the laws  of  2023,  amending
    54  the  penal  law,  the  criminal  procedure  law, the correction law, the
    55  social services law, the vehicle and traffic law, the family court  act,
    56  the  civil rights law, the civil practice law and rules, the agriculture

        A. 8558                            25
 
     1  and markets law, the judiciary law and the domestic relations law relat-
     2  ing to sex offenses, as proposed in legislative bills  numbers  S.  3161
     3  and A.  3340, are amended to read as follows:
     4    §  65.  As it pertains to the repealed sections of law, [nothing] such
     5  repeal shall not be construed to apply retroactively. Offenses committed
     6  prior to the effective date of this act may be  construed  and  punished
     7  according  to  the provisions of law existing at the time of the commis-
     8  sion thereof.  Nothing in this act shall affect a requirement to  regis-
     9  ter  pursuant  to article 6-C of the correction law; a lawfully required
    10  disclosure of a conviction; any restriction or prohibition  for  certain
    11  types  of employment, housing, or government benefit; or any other ongo-
    12  ing matter related to a conviction of the sections repealed in this act.
    13    § 66. This act shall take effect [January] September 1, 2024 and shall
    14  apply to any offense committed on or after such effective date.
    15    § 46. This act shall take effect immediately; provided, however,  that
    16  sections  one  through  forty-four  of this act shall take effect on the
    17  same date and in the same manner as a  chapter  of  the  laws  of  2023,
    18  amending  the penal law, the criminal procedure law, the correction law,
    19  the social services law, the vehicle and traffic law, the  family  court
    20  act,  the  civil rights law, the civil practice law and rules, the agri-
    21  culture and markets law, the judiciary law and  the  domestic  relations
    22  law  relating  to sex offenses, as proposed in legislative bills numbers
    23  S. 3161 and A.  3340, takes effect.
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