New York State Assembly

 
•  Summary 
 
•  Actions 
 
•  Floor Votes 
 
•  Memo 
 
•  Text 

A03339 Summary:

A03339 Actions:

A03339 Floor Votes:

A03339 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         3339--A
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 24, 2013
                                       ___________
 
        Introduced  by  M.  of  A.  SIMOTAS, COLTON, AUBRY, SCARBOROUGH, MARKEY,
          ENGLEBRIGHT, BRAUNSTEIN, DenDEKKER, BRINDISI, MORELLE,  JAFFEE,  MILL-
          MAN,  ZEBROWSKI,  GUNTHER,  LAVINE,  MOYA, TITONE, PERRY, CLARK, COOK,
          ROBERTS,  HOOPER,  BOYLAND,  WEPRIN,  SANTABARBARA,  SKOUFIS,   ROZIC,
          GABRYSZAK,  WEISENBERG -- Multi-Sponsored by -- M. of A. ARROYO, BREN-

          NAN, BUCHWALD,  CORWIN,  DUPREY,  FINCH,  FITZPATRICK,  GALEF,  GLICK,
          GOODELL,  HIKIND,  LUPARDO,  MALLIOTAKIS,  McDONOUGH,  MONTESANO,  RA,
          ROBINSON, SCHIMEL, SWEENEY, WALTER -- read once and  referred  to  the
          Committee  on  Codes  --  committee  discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee
 
        AN ACT  to  amend  the  penal  law,  the  criminal  procedure  law,  the
          correction  law, the social services law, the vehicle and traffic law,
          the family court act, the civil rights law, the civil practice law and
          rules, the agriculture and markets  law  and  the  judiciary  law,  in
          relation  to  sex  offenses;  and  to repeal certain provisions of the
          penal law relating thereto
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 

     1    Section  1.  Sections  130.40,  130.45 and 130.50 of the penal law are
     2  REPEALED.
     3    § 2. Subdivision 1 of section 130.00 of the penal law  is  amended  to
     4  read as follows:
     5    1.  "Sexual intercourse" [has its ordinary meaning and occurs upon any
     6  penetration, however slight] means conduct between persons consisting of
     7  contact between the penis and the vagina or vulva.
     8    § 3. Section 130.25 of the penal law, as amended by chapter 1  of  the
     9  laws of 2000, is amended to read as follows:
    10  § 130.25 Rape in the third degree.
    11    A person is guilty of rape in the third degree when:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02734-08-3

        A. 3339--A                          2
 
     1    1.  He or she engages in sexual intercourse with another person who is
     2  incapable of consent by reason of some factor other than being less than
     3  seventeen years old;
     4    2.  He  or  she  engages in oral sexual conduct or anal sexual conduct
     5  with another person who is incapable of consent by reason of some factor
     6  other than being less than seventeen years old;
     7    3. Being twenty-one years old or more, he or  she  engages  in  sexual
     8  intercourse with another person less than seventeen years old; [or
     9    3.]  4.  Being twenty-one years old or more, he or she engages in oral
    10  sexual conduct or anal sexual conduct  with  another  person  less  than
    11  seventeen years old;

    12    5. He or she engages in sexual intercourse with another person without
    13  such  person's  consent  where such lack of consent is by reason of some
    14  factor other than incapacity to consent[.]; or
    15    6. He or she engages in oral sexual conduct  or  anal  sexual  conduct
    16  with  another  person  without  such person's consent where such lack of
    17  consent is by reason of some factor other than incapacity to consent.
    18    Rape in the third degree is a class E felony.
    19    § 4. Section 130.30 of the penal law, as amended by chapter 1  of  the
    20  laws of 2000, is amended to read as follows:
    21  § 130.30 Rape in the second degree.
    22    A person is guilty of rape in the second degree when:
    23    1.  being  eighteen  years  old  or  more, he or she engages in sexual

    24  intercourse with another person less than fifteen years old; [or]
    25    2. being eighteen years old or more, he or she engages in oral  sexual
    26  conduct  or  anal  sexual  conduct with another person less than fifteen
    27  years old;
    28    3. he or she engages in sexual intercourse with another person who  is
    29  incapable  of  consent  by reason of being mentally disabled or mentally
    30  incapacitated[.] ; or
    31    4. he or she engages in oral sexual conduct  or  anal  sexual  conduct
    32  with  another  person  who  is  incapable  of consent by reason of being
    33  mentally disabled or mentally incapacitated.
    34    It shall be an affirmative defense to the crime of rape in the  second

    35  degree  as  defined  in  [subdivision]  subdivisions one and two of this
    36  section that the defendant was less  than  four  years  older  than  the
    37  victim at the time of the act.
    38    Rape in the second degree is a class D felony.
    39    §  5.  Section 130.35 of the penal law, as amended by chapter 1 of the
    40  laws of 2000, is amended to read as follows:
    41  § 130.35 Rape in the first degree.
    42    A person is guilty of rape in the first degree when:
    43    1. he or she engages in sexual intercourse with another person:
    44    [1.] (a) By forcible compulsion; or
    45    [2.] (b) Who is incapable of consent by  reason  of  being  physically
    46  helpless; or
    47    [3.] (c) Who is less than eleven years old; or

    48    [4.] (d) Who is less than thirteen years old and the actor is eighteen
    49  years old or more[.]; or
    50    2.  he  or  she  engages in oral sexual conduct or anal sexual conduct
    51  with another person:
    52    (a) By forcible compulsion; or
    53    (b) Who is incapable of consent by reason of  being  physically  help-
    54  less; or
    55    (c) Who is less than eleven years old; or
        A. 3339--A                          3
 
     1    (d)  Who  is  less  than  thirteen years old and the actor is eighteen
     2  years old or more.
     3    Rape in the first degree is a class B felony.
     4    §  6. Paragraph 2 of subdivision 18 of section 10.00 of the penal law,

     5  as amended by chapter 7 of the laws of  2007,  is  amended  to  read  as
     6  follows:
     7    (2) a person fourteen or fifteen years old who is criminally responsi-
     8  ble for acts constituting the crimes defined in subdivisions one and two
     9  of section 125.25 (murder in the second degree) and in subdivision three
    10  of such section provided that the underlying crime for the murder charge
    11  is  one  for which such person is criminally responsible; section 135.25
    12  (kidnapping in the first degree); 150.20 (arson in  the  first  degree);
    13  subdivisions  one  and  two  of  section  120.10  (assault  in the first
    14  degree); 125.20 (manslaughter in the first  degree);  [subdivisions  one
    15  and]  paragraphs  (a)  and (b) of subdivision one and paragraphs (a) and
    16  (b) of subdivision two of section 130.35 (rape  in  the  first  degree);

    17  [subdivisions  one and two of section 130.50 (criminal sexual act in the
    18  first degree);] 130.70 (aggravated sexual abuse in  the  first  degree);
    19  140.30 (burglary in the first degree); subdivision one of section 140.25
    20  (burglary  in  the  second degree); 150.15 (arson in the second degree);
    21  160.15 (robbery in the first degree); subdivision two of section  160.10
    22  (robbery  in  the  second  degree) of this chapter; or section 265.03 of
    23  this chapter, where such machine gun or such  firearm  is  possessed  on
    24  school  grounds,  as  that  phrase is defined in subdivision fourteen of
    25  section 220.00 of this chapter; or defined in this chapter as an attempt
    26  to commit murder in the second degree or kidnapping in the first degree,
    27  or such conduct as a sexually motivated felony, where authorized  pursu-

    28  ant to section 130.91 of [the penal law] this chapter.
    29    §  7.  Subdivision  2 of section 30.00 of the penal law, as amended by
    30  chapter 7 of the laws of 2007, is amended to read as follows:
    31    2. A person thirteen, fourteen or fifteen years of age  is  criminally
    32  responsible for acts constituting murder in the second degree as defined
    33  in  subdivisions  one and two of section 125.25 and in subdivision three
    34  of such section provided that the underlying crime for the murder charge
    35  is one for which such person  is  criminally  responsible  or  for  such
    36  conduct  as  a  sexually  motivated felony, where authorized pursuant to
    37  section 130.91 [of the penal law]; and  a  person  fourteen  or  fifteen
    38  years  of age is criminally responsible for acts constituting the crimes
    39  defined in section 135.25  (kidnapping  in  the  first  degree);  150.20

    40  (arson  in the first degree); subdivisions one and two of section 120.10
    41  (assault in  the  first  degree);  125.20  (manslaughter  in  the  first
    42  degree);  [subdivisions  one  and] paragraphs (a) and (b) of subdivision
    43  one and paragraphs (a) and (b) of  subdivision  two  of  section  130.35
    44  (rape  in the first degree); [subdivisions one and two of section 130.50
    45  (criminal sexual act in the first  degree);  130.70  (aggravated  sexual
    46  abuse  in  the  first  degree);]  140.30 (burglary in the first degree);
    47  subdivision one of section  140.25  (burglary  in  the  second  degree);
    48  150.15  (arson  in  the  second  degree);  160.15  (robbery in the first
    49  degree); subdivision two  of  section  160.10  (robbery  in  the  second
    50  degree)  of  this chapter; or section 265.03 of this chapter, where such

    51  machine gun or such firearm is possessed  on  school  grounds,  as  that
    52  phrase  is  defined  in  subdivision  fourteen of section 220.00 of this
    53  chapter; or defined in this chapter as an attempt to  commit  murder  in
    54  the second degree or kidnapping in the first degree, or for such conduct
    55  as  a  sexually  motivated  felony, where authorized pursuant to section
    56  130.91 of [the penal law] this chapter.
        A. 3339--A                          4
 
     1    § 8. Paragraph (b) of subdivision 2 of section 35.15 of the penal law,
     2  as amended by chapter 511 of the laws of 2004, is  amended  to  read  as
     3  follows:
     4    (b) He or she reasonably believes that such other person is committing
     5  or  attempting to commit a kidnapping, forcible rape, [forcible criminal

     6  sexual act] forcible aggravated sexual abuse, or robbery; or
     7    § 9. The opening paragraph of subdivision 3 of section 125.25  of  the
     8  penal  law, as amended by chapter 264 of the laws of 2003, is amended to
     9  read as follows:
    10    Acting either alone or with one or more other persons, he  commits  or
    11  attempts  to  commit  robbery,  burglary, kidnapping, arson, rape in the
    12  first degree, [criminal sexual act in the first degree,] sexual abuse in
    13  the first degree, aggravated sexual abuse, escape in the  first  degree,
    14  or escape in the second degree, and, in the course of and in furtherance
    15  of  such  crime or of immediate flight therefrom, he, or another partic-
    16  ipant, if there be any, causes the death of a person other than  one  of
    17  the participants; except that in any prosecution under this subdivision,

    18  in  which  the  defendant was not the only participant in the underlying
    19  crime, it is an affirmative defense that the defendant:
    20    § 10. Paragraphs (a) and (c) of subdivision 1 of section 70.02 of  the
    21  penal  law,  paragraph (a) as amended by chapter 320 of the laws of 2006
    22  and paragraph (c) as amended by chapter 1  of  the  laws  of  2013,  are
    23  amended to read as follows:
    24    (a)  Class  B  violent felony offenses: an attempt to commit the class
    25  A-I felonies of murder in  the  second  degree  as  defined  in  section
    26  125.25, kidnapping in the first degree as defined in section 135.25, and
    27  arson  in the first degree as defined in section 150.20; manslaughter in
    28  the first degree as defined in section 125.20,  aggravated  manslaughter
    29  in  the  first  degree  as  defined in section 125.22, rape in the first

    30  degree as defined in section 130.35, [criminal sexual act in  the  first
    31  degree  as  defined  in  section 130.50,] aggravated sexual abuse in the
    32  first degree as defined in section  130.70,  course  of  sexual  conduct
    33  against  a  child  in  the  first  degree  as defined in section 130.75;
    34  assault in the first degree as defined in section 120.10, kidnapping  in
    35  the  second  degree  as defined in section 135.20, burglary in the first
    36  degree as defined in section 140.30,  arson  in  the  second  degree  as
    37  defined  in  section  150.15,  robbery in the first degree as defined in
    38  section 160.15, incest in the first degree as defined in section 255.27,
    39  criminal possession of a weapon  in  the  first  degree  as  defined  in
    40  section 265.04, criminal use of a firearm in the first degree as defined
    41  in  section  265.09,  criminal  sale of a firearm in the first degree as

    42  defined in section 265.13, aggravated assault upon a police officer or a
    43  peace officer as defined in section 120.11, gang assault  in  the  first
    44  degree as defined in section 120.07, intimidating a victim or witness in
    45  the  first degree as defined in section 215.17, hindering prosecution of
    46  terrorism in the first degree as defined  in  section  490.35,  criminal
    47  possession  of  a  chemical  weapon  or  biological weapon in the second
    48  degree as defined in section 490.40, and  criminal  use  of  a  chemical
    49  weapon  or  biological  weapon in the third degree as defined in section
    50  490.47.
    51    (c) Class D violent felony offenses: an attempt to commit any  of  the
    52  class C felonies set forth in paragraph (b); reckless assault of a child
    53  as defined in section 120.02, assault in the second degree as defined in
    54  section 120.05, menacing a police officer or peace officer as defined in

    55  section  120.18, stalking in the first degree, as defined in subdivision
    56  one of section 120.60, strangulation in the second degree as defined  in
        A. 3339--A                          5
 
     1  section  121.12, rape in the second degree as defined in section 130.30,
     2  [criminal sexual act in the second degree as defined in section 130.45,]
     3  sexual abuse in the first degree as defined in section 130.65, course of
     4  sexual  conduct  against  a  child  in  the  second degree as defined in
     5  section 130.80, aggravated sexual abuse in the third degree  as  defined
     6  in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
     7  substance as defined in section 130.90, criminal possession of a  weapon
     8  in  the  third degree as defined in subdivision five, six, seven, eight,
     9  nine or ten of section 265.02, criminal sale of a firearm in  the  third

    10  degree as defined in section 265.11, intimidating a victim or witness in
    11  the  second degree as defined in section 215.16, soliciting or providing
    12  support for an act of terrorism in  the  second  degree  as  defined  in
    13  section  490.10,  and  making a terroristic threat as defined in section
    14  490.20, falsely reporting an incident in the first degree as defined  in
    15  section 240.60, placing a false bomb or hazardous substance in the first
    16  degree  as  defined in section 240.62, placing a false bomb or hazardous
    17  substance in a sports stadium or arena, mass transportation facility  or
    18  enclosed shopping mall as defined in section 240.63, [and] or aggravated
    19  unpermitted use of indoor pyrotechnics in the first degree as defined in
    20  section 405.18.
    21    § 11. Paragraph b of subdivision 5 of section 120.40 of the penal law,

    22  as  amended  by  chapter  320 of the laws of 2006, is amended to read as
    23  follows:
    24    b. a  crime  defined  in  section  130.20,  130.25,  130.30,  [130.40,
    25  130.45,] 130.55, 130.60, 130.70, 255.25, 255.26 or 255.27;
    26    §  12. Paragraph (d) of subdivision 2 and paragraph (h) of subdivision
    27  3 of section 130.05 of the penal law, paragraph (d) of subdivision 2  as
    28  amended  by chapter 40 of the laws of 2004 and paragraph (h) of subdivi-
    29  sion 3 as amended by section 2 of part G of chapter 501 of the  laws  of
    30  2012, are amended to read as follows:
    31    (d)  Where  the offense charged is rape in the third degree as defined
    32  in [subdivision three] subdivisions five and six of section 130.25,  [or
    33  criminal  sexual act in the third degree as defined in subdivision three

    34  of section 130.40,] in addition to  forcible  compulsion,  circumstances
    35  under  which, at the time of the act of intercourse, oral sexual conduct
    36  or anal sexual conduct, the victim clearly expressed that he or she  did
    37  not  consent  to  engage  in  such  act,  and a reasonable person in the
    38  actor's situation would have understood such person's words and acts  as
    39  an  expression  of  lack  of  consent  to such act under all the circum-
    40  stances.
    41    (h) a client or patient and the actor is a  health  care  provider  or
    42  mental  health  care  provider  charged with rape in the third degree as
    43  defined in section 130.25, [criminal sexual act in the third  degree  as
    44  defined in section 130.40,] aggravated sexual abuse in the fourth degree
    45  as  defined  in section 130.65-a, or sexual abuse in the third degree as

    46  defined in section 130.55, and the act of sexual conduct occurs during a
    47  treatment session, consultation, interview, or examination; or
    48    § 13. The opening paragraph of subdivision 3 of section 125.25 of  the
    49  penal  law, as amended by chapter 264 of the laws of 2003, is amended to
    50  read as follows:
    51    Acting either alone or with one or more other persons, he  commits  or
    52  attempts  to  commit  robbery,  burglary, kidnapping, arson, rape in the
    53  first degree, [criminal sexual act in the first degree], sexual abuse in
    54  the first degree, aggravated sexual abuse, escape in the  first  degree,
    55  or escape in the second degree, and, in the course of and in furtherance
    56  of  such  crime or of immediate flight therefrom, he, or another partic-
        A. 3339--A                          6
 

     1  ipant, if there be any, causes the death of a person other than  one  of
     2  the participants; except that in any prosecution under this subdivision,
     3  in  which  the  defendant was not the only participant in the underlying
     4  crime, it is an affirmative defense that the defendant:
     5    §  14. Subdivision 5 of section 125.25 of the penal law, as amended by
     6  chapter 320 of the laws of 2006, is amended to read as follows:
     7    5. Being eighteen years old or more, while in the course of committing
     8  rape in the first, second or third degree, [criminal sexual act  in  the
     9  first, second or third degree,] sexual abuse in the first degree, aggra-
    10  vated  sexual  abuse  in  the  first, second, third or fourth degree, or
    11  incest in the first, second or third degree, against a person less  than
    12  fourteen  years  old,  he  or she intentionally causes the death of such
    13  person.

    14    § 15. Subparagraph (vii) of paragraph (a) of subdivision 1 of  section
    15  125.27  of the penal law, as amended by chapter 264 of the laws of 2003,
    16  is amended to read as follows:
    17    (vii) the victim was killed while the defendant was in the  course  of
    18  committing  or  attempting  to  commit  and  in  furtherance of robbery,
    19  burglary in the first degree or second degree, kidnapping in  the  first
    20  degree,  arson  in  the first degree or second degree, rape in the first
    21  degree, [criminal sexual act in the first degree,] sexual abuse  in  the
    22  first  degree,  aggravated sexual abuse in the first degree or escape in
    23  the first degree, or in the  course  of  and  furtherance  of  immediate
    24  flight after committing or attempting to commit any such crime or in the
    25  course of and furtherance of immediate flight after attempting to commit

    26  the  crime  of murder in the second degree; provided however, the victim
    27  is not a participant in one of the aforementioned crimes  and,  provided
    28  further  that,  unless  the  defendant's  criminal  liability under this
    29  subparagraph is based upon the defendant having commanded another person
    30  to cause the death of the victim or intended victim pursuant to  section
    31  20.00  of  this  chapter,  this  subparagraph  shall not apply where the
    32  defendant's criminal liability is based  upon  the  conduct  of  another
    33  pursuant to section 20.00 of this chapter; or
    34    §  16.  Paragraph  (d) of subdivision 2 of section 130.05 of the penal
    35  law, as amended by chapter 40 of the laws of 2004, is amended to read as
    36  follows:
    37    (d) Where the offense charged is rape in the third degree  as  defined

    38  in  [subdivision three] subdivisions five and six of section 130.25, [or
    39  criminal sexual act in the third degree as defined in subdivision  three
    40  of  section  130.40,]  in addition to forcible compulsion, circumstances
    41  under which, at the time of the act of intercourse, oral sexual  conduct
    42  or  anal sexual conduct, the victim clearly expressed that he or she did
    43  not consent to engage in such  act,  and  a  reasonable  person  in  the
    44  actor's  situation would have understood such person's words and acts as
    45  an expression of lack of consent to  such  act  under  all  the  circum-
    46  stances.
    47    §  17.  Paragraph  (h) of subdivision 3 of section 130.05 of the penal
    48  law, as amended by section 2 of part G of chapter 501  of  the  laws  of
    49  2012, is amended to read as follows:

    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, [criminal sexual act in the third degree as
    53  defined in section 130.40,] aggravated sexual abuse in the fourth degree
    54  as defined in section 130.65-a, or sexual abuse in the third  degree  as
    55  defined in section 130.55, and the act of sexual conduct occurs during a
    56  treatment session, consultation, interview, or examination; or
        A. 3339--A                          7
 
     1    §  18. Subdivision 3 of section 130.10 of the penal law, as amended by
     2  chapter 264 of the laws of 2003, is amended to read as follows:
     3    3.  In  any  prosecution  for the crime of rape in the third degree as

     4  defined in section 130.25, [criminal sexual act in the third  degree  as
     5  defined in section 130.40,] aggravated sexual abuse in the fourth degree
     6  as  defined  in section 130.65-a, or sexual abuse in the third degree as
     7  defined in section 130.55 in which incapacity to consent is based on the
     8  circumstances set forth in paragraph (h) of subdivision three of section
     9  130.05 of this article it shall  be  an  affirmative  defense  that  the
    10  client  or  patient  consented to such conduct charged after having been
    11  expressly advised by the health care or mental health care provider that
    12  such conduct was not performed for a valid medical purpose.
    13    § 19. The opening paragraph and subdivision 2 of section 130.95 of the
    14  penal law, as added by chapter 107 of the laws of 2006, are  amended  to
    15  read as follows:

    16    A  person is guilty of predatory sexual assault when he or she commits
    17  the crime of rape in the first degree, [criminal sexual act in the first
    18  degree,] aggravated sexual abuse in the first degree, or course of sexu-
    19  al conduct against a child in the first degree, as defined in this arti-
    20  cle, and when:
    21    2. He or she has engaged in conduct constituting the crime of rape  in
    22  the  first degree, [criminal sexual act in the first degree,] aggravated
    23  sexual abuse in the first degree, or course of sexual conduct against  a
    24  child  in  the  first degree, as defined in this article, against one or
    25  more additional persons; or
    26    § 20. The opening paragraph of section 130.96 of  the  penal  law,  as
    27  added by chapter 107 of the laws of 2006, is amended to read as follows:
    28    A  person  is guilty of predatory sexual assault against a child when,

    29  being eighteen years old or more, he or she commits the crime of rape in
    30  the first degree, [criminal sexual act in the first degree,]  aggravated
    31  sexual  abuse in the first degree, or course of sexual conduct against a
    32  child in the first degree, as defined in this article, and the victim is
    33  less than thirteen years old.
    34    § 21. Subdivision 2 of section 240.75 of the penal law,  as  added  by
    35  section  2  of  part D of chapter 491 of the laws of 2012, is amended to
    36  read as follows:
    37    2. A "specified offense" is  an  offense  defined  in  section  120.00
    38  (assault  in  the  third  degree); section 120.05 (assault in the second
    39  degree); section 120.10 (assault in the first  degree);  section  120.13
    40  (menacing  in  the first degree); section 120.14 (menacing in the second
    41  degree); section 120.15 (menacing in the third degree);  section  120.20

    42  (reckless  endangerment  in the second degree); section 120.25 (reckless
    43  endangerment in the first  degree);  section  120.45  (stalking  in  the
    44  fourth  degree);  section 120.50 (stalking in the third degree); section
    45  120.55 (stalking in the second degree); section 120.60 (stalking in  the
    46  first  degree);  section  121.11  (criminal  obstruction of breathing or
    47  blood circulation); 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  130.20  (sexual  miscon-
    52  duct);  section  130.25 (rape in the third degree); section 130.30 (rape
    53  in the second degree);  section  130.35  (rape  in  the  first  degree);

    54  [section  130.40  (criminal  sexual  act  in  the third degree); section
    55  130.45 (criminal sexual act in the second degree); section 130.50 (crim-
    56  inal sexual act in the first degree);] section 130.52  (forcible  touch-
        A. 3339--A                          8
 
     1  ing);  section  130.53 (persistent sexual abuse); section 130.55 (sexual
     2  abuse in the third degree); section 130.60 (sexual abuse in  the  second
     3  degree);  section  130.65  (sexual  abuse  in the first degree); section
     4  130.66  (aggravated  sexual  abuse  in the third degree); section 130.67
     5  (aggravated sexual abuse in the second degree); section  130.70  (aggra-
     6  vated  sexual abuse in the first degree); section 130.91 (sexually moti-
     7  vated felony); section 130.95 (predatory sexual assault); section 130.96

     8  (predatory sexual assault against a  child);  section  135.05  (unlawful
     9  imprisonment  in  the second degree); section 135.10 (unlawful imprison-
    10  ment in the first  degree);  section  135.60  (coercion  in  the  second
    11  degree);  section  135.65 (coercion in the first degree); section 140.20
    12  (burglary in the third degree); section 140.25 (burglary in  the  second
    13  degree);  section  140.30 (burglary in the first degree); section 145.00
    14  (criminal mischief in  the  fourth  degree);  section  145.05  (criminal
    15  mischief  in the third degree); section 145.10 (criminal mischief in the
    16  second degree); section 145.12 (criminal mischief in the first  degree);
    17  section  145.14 (criminal tampering in the third degree); section 215.50
    18  (criminal contempt in  the  second  degree);  section  215.51  (criminal
    19  contempt  in  the  first  degree);  section  215.52 (aggravated criminal

    20  contempt); section 240.25 (harassment in the first degree);  subdivision
    21  one,  two or four of section 240.30 (aggravated harassment in the second
    22  degree); aggravated family offense as defined in  this  section  or  any
    23  attempt  or conspiracy to commit any of the foregoing offenses where the
    24  defendant and the person against whom the  offense  was  committed  were
    25  members of the same family or household as defined in subdivision one of
    26  section 530.11 of the criminal procedure law.
    27    §  22. Section 255.26 of the penal law, as added by chapter 320 of the
    28  laws of 2006, is amended to read as follows:
    29  § 255.26 Incest in the second degree.
    30    A person is guilty of incest in the  second  degree  when  he  or  she
    31  commits  the  crime  of rape in the second degree, as defined in section
    32  130.30 of this part, [or criminal sexual act in the  second  degree,  as

    33  defined in section 130.45 of this part,] against a person whom he or she
    34  knows  to  be related to him or her, whether through marriage or not, as
    35  an ancestor, descendant, brother or sister of either the  whole  or  the
    36  half blood, uncle, aunt, nephew or niece.
    37    Incest in the second degree is a class D felony.
    38    §  23. Section 255.27 of the penal law, as added by chapter 320 of the
    39  laws of 2006, is amended to read as follows:
    40  § 255.27 Incest in the first degree.
    41    A person is guilty of incest in  the  first  degree  when  he  or  she
    42  commits  the  crime of rape in the first degree, as defined in paragraph
    43  (c) or (d) of subdivision [three or four] one and paragraph (c)  or  (d)
    44  of  subdivision  two of section 130.35 of this part[, or criminal sexual

    45  act in the first degree, as defined in  subdivision  three  or  four  of
    46  section  130.50  of this part,] against a person whom he or she knows to
    47  be related to him or her, whether through marriage or not, as an  ances-
    48  tor,  descendant,  brother  or sister of either the whole or half blood,
    49  uncle, aunt, nephew or niece.
    50    Incest in the first degree is a class B felony.
    51    § 24. Subdivision 3 of section 485.05 of the penal law, as amended  by
    52  chapter 405 of the laws of 2010, is amended to read as follows:
    53    3. A "specified offense" is an offense defined by any of the following
    54  provisions  of  this  chapter:  section  120.00  (assault  in  the third
    55  degree); section 120.05 (assault in the second degree);  section  120.10
    56  (assault in the first degree); section 120.12 (aggravated assault upon a

        A. 3339--A                          9
 
     1  person  less  than  eleven  years  old); section 120.13 (menacing in the
     2  first degree); section 120.14 (menacing in the second  degree);  section
     3  120.15  (menacing  in the third degree); section 120.20 (reckless endan-
     4  germent  in the second degree); section 120.25 (reckless endangerment in
     5  the first degree); section 121.12 (strangulation in the second  degree);
     6  section  121.13  (strangulation in the first degree); subdivision one of
     7  section 125.15 (manslaughter in the second degree); subdivision one, two
     8  or four of section 125.20 (manslaughter in the  first  degree);  section
     9  125.25  (murder  in  the second degree); section 120.45 (stalking in the
    10  fourth degree); section 120.50 (stalking in the third  degree);  section
    11  120.55  (stalking in the second degree); section 120.60 (stalking in the

    12  first degree); paragraph (a) of subdivision one  and  paragraph  (a)  of
    13  subdivision  two of section 130.35 (rape in the first degree); [subdivi-
    14  sion one of section 130.50 (criminal sexual act in the  first  degree);]
    15  subdivision  one  of  section 130.65 (sexual abuse in the first degree);
    16  paragraph (a) of subdivision one of section  130.67  (aggravated  sexual
    17  abuse in the second degree); paragraph (a) of subdivision one of section
    18  130.70  (aggravated  sexual  abuse  in the first degree); section 135.05
    19  (unlawful imprisonment in the second degree); section  135.10  (unlawful
    20  imprisonment  in  the  first  degree); section 135.20 (kidnapping in the
    21  second degree); section 135.25 (kidnapping in the first degree); section
    22  135.60 (coercion in the second degree); section 135.65 (coercion in  the

    23  first  degree);  section 140.10 (criminal trespass in the third degree);
    24  section 140.15 (criminal trespass in the second degree); section  140.17
    25  (criminal trespass in the first degree); section 140.20 (burglary in the
    26  third  degree);  section 140.25 (burglary in the second degree); section
    27  140.30 (burglary in the first degree); section 145.00 (criminal mischief
    28  in the fourth degree); section 145.05 (criminal mischief  in  the  third
    29  degree);  section  145.10  (criminal  mischief  in  the  second degree);
    30  section 145.12 (criminal mischief in the first degree);  section  150.05
    31  (arson  in  the  fourth  degree);  section  150.10  (arson  in the third
    32  degree); section 150.15 (arson in the  second  degree);  section  150.20
    33  (arson  in  the  first  degree); section 155.25 (petit larceny); section
    34  155.30 (grand larceny in  the  fourth  degree);  section  155.35  (grand

    35  larceny  in  the  third  degree);  section  155.40 (grand larceny in the
    36  second degree); section 155.42 (grand  larceny  in  the  first  degree);
    37  section 160.05 (robbery in the third degree); section 160.10 (robbery in
    38  the  second  degree);  section  160.15  (robbery  in  the first degree);
    39  section 240.25 (harassment in the first degree); subdivision one, two or
    40  four of section 240.30 (aggravated harassment in the second degree);  or
    41  any attempt or conspiracy to commit any of the foregoing offenses.
    42    § 25. Subdivision 42 of section 1.20 of the criminal procedure law, as
    43  amended by chapter 7 of the laws of 2007, is amended to read as follows:
    44    42.  "Juvenile offender" means (1) a person, thirteen years old who is
    45  criminally responsible for acts constituting murder in the second degree
    46  as defined in subdivisions one and two of section 125.25  of  the  penal

    47  law,  or  such  conduct as a sexually motivated felony, where authorized
    48  pursuant to section 130.91 of the penal law; and (2) a  person  fourteen
    49  or fifteen years old who is criminally responsible for acts constituting
    50  the crimes defined in subdivisions one and two of section 125.25 (murder
    51  in  the second degree) and in subdivision three of such section provided
    52  that the underlying crime for the murder charge is one  for  which  such
    53  person  is  criminally  responsible;  section  135.25 (kidnapping in the
    54  first degree); 150.20 (arson in the first degree); subdivisions one  and
    55  two of section 120.10 (assault in the first degree); 125.20 (manslaught-
    56  er  in  the first degree); [subdivisions one and] paragraphs (a) and (b)
        A. 3339--A                         10
 

     1  of subdivision one and paragraphs (a) and  (b)  of  subdivision  two  of
     2  section  130.35 (rape in the first degree); [subdivisions one and two of
     3  section 130.50 (criminal  sexual  act  in  the  first  degree);]  130.70
     4  (aggravated  sexual  abuse in the first degree); 140.30 (burglary in the
     5  first degree); subdivision one of section 140.25 (burglary in the second
     6  degree); 150.15 (arson in the second degree);  160.15  (robbery  in  the
     7  first  degree); subdivision two of section 160.10 (robbery in the second
     8  degree) of the penal law; or section 265.03 of the penal law, where such
     9  machine gun or such firearm is possessed  on  school  grounds,  as  that
    10  phrase is defined in subdivision fourteen of section 220.00 of the penal
    11  law;  or  defined in the penal law as an attempt to commit murder in the

    12  second degree or kidnapping in the first degree, or such  conduct  as  a
    13  sexually  motivated  felony, where authorized pursuant to section 130.91
    14  of the penal law.
    15    § 26. Intentionally omitted.
    16    § 27. Paragraphs (a) and (b) of subdivision 1, the  opening  paragraph
    17  of subdivision 2 and paragraph (a) of subdivision 3 of section 140.20 of
    18  the  criminal  procedure law, paragraphs (a) and (b) of subdivision 1 as
    19  amended by chapter 324 of the laws of 1988,  the  opening  paragraph  of
    20  subdivision  2  and paragraph (a) of subdivision 3 as amended by chapter
    21  550 of the laws of 1987, are amended to read as follows:
    22    (a) If the arrest is for an offense other than a class A, B,  C  or  D
    23  felony  or  a  violation  of  section  130.25, [130.40,] 205.10, 205.17,
    24  205.19 or 215.56 of the penal law committed in a  town,  but  not  in  a

    25  village  thereof having a village court, and the town court of such town
    26  is not available at the time, the arrested person may be brought  before
    27  the local criminal court of any village within such town or, any adjoin-
    28  ing  town,  village embraced in whole or in part by such adjoining town,
    29  or city of the same county; and
    30    (b) If the arrest is for an offense other than a class A, B,  C  or  D
    31  felony  or  a  violation  of  section  130.25, [130.40,] 205.10, 205.17,
    32  205.19 or 215.56 of the penal  law  committed  in  a  village  having  a
    33  village  court and such court is not available at the time, the arrested
    34  person may be brought before the town court of the town  embracing  such
    35  village or any other village court within such town, or, if such town or
    36  village  court  is not available either, before the local criminal court

    37  of any adjoining town, village embraced in whole  or  in  part  by  such
    38  adjoining town, or city of the same county; and
    39    If the arrest is for an offense other than a class A, B, C or D felony
    40  or  a  violation  of section 130.25, [130.40,] 205.10, 205.17, 205.19 or
    41  215.56 of the penal law, the arrested person need not be brought  before
    42  a local criminal court as provided in subdivision one, and the procedure
    43  may instead be as follows:
    44    (a) the arrest is for an offense other than a class A, B, C or D felo-
    45  ny or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or
    46  215.56 of the penal law, and
    47    §  28.  Paragraph  (a)  of  subdivision 3 and the opening paragraph of
    48  subdivision 4 of section  140.27  of  the  criminal  procedure  law,  as
    49  amended  by  chapter  550  of  the  laws of 1987, are amended to read as
    50  follows:

    51    (a) the arrest is for an offense other than a class A, B, C or D felo-
    52  ny or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or
    53  215.56 of the penal law and
    54    If the arrest is for an offense other than a class A, B, C or D felony
    55  or a violation of section 130.25, [130.40,] 205.10,  205.17,  205.19  or
    56  215.56  of the penal law, the arrested person need not be brought before
        A. 3339--A                         11
 
     1  a local criminal court as provided in subdivision two, and the procedure
     2  may instead be as follows:
     3    §  29.  Paragraph  (a)  of  subdivision 2 and the opening paragraph of
     4  subdivision 3 of section  140.40  of  the  criminal  procedure  law,  as
     5  amended  by  chapter  550  of  the  laws of 1987, are amended to read as
     6  follows:

     7    (a) the arrest is for an offense other than a class A, B, C or D felo-
     8  ny or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or
     9  215.56 of the penal law and
    10    If the arrest is for an offense other than a class A, B, C or D felony
    11  or a violation of section 130.25, [130.40,] 205.10,  205.17,  205.19  or
    12  215.56  of the penal law, the arrested person need not be brought before
    13  a local criminal court, as provided in subdivision one, and  the  proce-
    14  dure may instead be as follows:
    15    §  30. Section 150.20 of the criminal procedure law, subdivisions 1, 2
    16  and 3 as amended by chapter 550 of the laws of 1987, is amended to  read
    17  as follows:
    18  § 150.20 Appearance ticket; when and by whom issuable.
    19    1.  Whenever a police officer is authorized pursuant to section 140.10

    20  to arrest a person without a warrant for an offense other than  a  class
    21  A,  B, C or D felony or a violation of section 130.25, [130.40,] 205.10,
    22  205.17, 205.19 or 215.56 of the  penal  law,  he  may,  subject  to  the
    23  provisions  of  subdivisions  three  and four of section 150.40, instead
    24  issue to and serve upon such person an appearance ticket.
    25    2. (a)  Whenever a police officer has  arrested  a  person  without  a
    26  warrant  for  an  offense  other  than  a class A, B, C or D felony or a
    27  violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or  215.56
    28  of  the  penal  law pursuant to section 140.10,  or (b) whenever a peace
    29  officer, who is not authorized by law to issue an appearance ticket, has
    30  arrested a person for an offense other than a class A, B, C or D  felony
    31  or  a  violation  of section 130.25, [130.40,] 205.10, 205.17, 205.19 or

    32  215.56 of the penal law pursuant to section 140.25, and has requested  a
    33  police  officer  to issue and serve upon such arrested person an appear-
    34  ance ticket pursuant to subdivision four of section 140.27, or (c) when-
    35  ever a person has been arrested for an offense other than a class A,  B,
    36  C  or  D  felony  or  a  violation  of section 130.25, [130.40,] 205.10,
    37  205.17, 205.19 or 215.56 of the penal law and has been delivered to  the
    38  custody  of  an  appropriate  police officer pursuant to section 140.40,
    39  such police officer may, instead of bringing such person before a  local
    40  criminal  court and promptly filing or causing the arresting peace offi-
    41  cer or arresting person  to  file  a  local  criminal  court  accusatory
    42  instrument  therewith, issue to and serve upon such person an appearance
    43  ticket.  The issuance and service of an  appearance  ticket  under  such

    44  circumstances may be conditioned upon a deposit of pre-arraignment bail,
    45  as provided in section 150.30.
    46    3.    A  public  servant other than a police officer, who is specially
    47  authorized by state law or local law enacted pursuant to the  provisions
    48  of  the  municipal  home  rule law to issue and serve appearance tickets
    49  with respect to designated offenses other than class A, B, C or D  felo-
    50  nies  or  violations of section 130.25, [130.40,] 205.10, 205.17, 205.19
    51  or 215.56 of the penal law, may in such cases issue  and  serve  upon  a
    52  person an appearance ticket when he has reasonable cause to believe that
    53  such  person  has committed a crime, or has committed a petty offense in
    54  his presence.
        A. 3339--A                         12
 
     1    § 31. Subdivision 4 of section 180.75 of the criminal  procedure  law,

     2  as  amended  by  chapter  264 of the laws of 2003, is amended to read as
     3  follows:
     4    4.  Notwithstanding  the  provisions  of subdivisions two and three of
     5  this section, a local criminal  court  shall,  at  the  request  of  the
     6  district  attorney, order removal of an action against a juvenile offen-
     7  der to the family court pursuant to  the  provisions  of  article  seven
     8  hundred twenty-five of this chapter if, upon consideration of the crite-
     9  ria  specified  in subdivision two of section 210.43 of this chapter, it
    10  is determined that to do so  would  be  in  the  interests  of  justice.
    11  Where,  however, the felony complaint charges the juvenile offender with
    12  murder in the second degree as defined in section 125.25  of  the  penal
    13  law, rape in the first degree as defined in paragraph (a) of subdivision

    14  one  or  paragraph (a) of subdivision two of section 130.35 of the penal
    15  law, [criminal sexual act in the first degree as defined in  subdivision
    16  one  of  section 130.50 of the penal law,] or an armed felony as defined
    17  in paragraph (a) of subdivision forty-one of section 1.20 of this  chap-
    18  ter,  a  determination  that  such action be removed to the family court
    19  shall, in addition, be based upon a  finding  of  one  or  more  of  the
    20  following  factors: (i) mitigating circumstances that bear directly upon
    21  the manner in which the crime was committed; or (ii) where the defendant
    22  was not the sole participant in the crime, the defendant's participation
    23  was relatively minor although not so minor as to constitute a defense to
    24  the prosecution; or (iii) possible deficiencies in proof of the crime.

    25    § 32. Subdivision (a) of section 190.71 of the criminal procedure law,
    26  as amended by chapter 7 of the laws of  2007,  is  amended  to  read  as
    27  follows:
    28    (a)  Except  as  provided in subdivision six of section 200.20 of this
    29  chapter, a grand jury may not indict (i) a person thirteen years of  age
    30  for any conduct or crime other than conduct constituting a crime defined
    31  in  subdivisions  one  and  two  of section 125.25 (murder in the second
    32  degree) or such conduct as a sexually motivated felony, where authorized
    33  pursuant to section 130.91 of the penal law; (ii) a person  fourteen  or
    34  fifteen years of age for any conduct or crime other than conduct consti-
    35  tuting  a  crime  defined  in subdivisions one and two of section 125.25
    36  (murder in the second degree) and in subdivision three of  such  section
    37  provided  that  the  underlying  crime  for the murder charge is one for

    38  which such person is criminally responsible; 135.25 (kidnapping  in  the
    39  first  degree); 150.20 (arson in the first degree); subdivisions one and
    40  two of section 120.10 (assault in the first degree); 125.20 (manslaught-
    41  er in the first degree); [subdivisions one and] paragraphs (a)  and  (b)
    42  of  subdivision  one  and  paragraphs  (a) and (b) of subdivision two of
    43  section 130.35 (rape in the first degree); [subdivisions one and two  of
    44  section  130.50  (criminal  sexual  act  in  the  first degree);] 130.70
    45  (aggravated sexual abuse in the first degree); 140.30 (burglary  in  the
    46  first degree); subdivision one of section 140.25 (burglary in the second
    47  degree);  150.15  (arson  in  the second degree); 160.15 (robbery in the
    48  first degree); subdivision two of section 160.10 (robbery in the  second

    49  degree)  of  the  penal  law; [subdivision four of section 265.02 of the
    50  penal law, where such firearm is possessed on school  grounds,  as  that
    51  phrase is defined in subdivision fourteen of section 220.00 of the penal
    52  law;] or section 265.03 of the penal law, where such machine gun or such
    53  firearm  is  possessed  on  school grounds, as that phrase is defined in
    54  subdivision fourteen of section 220.00 of the penal law; or  defined  in
    55  the  penal  law  as  an attempt to commit murder in the second degree or
        A. 3339--A                         13
 
     1  kidnapping in the first degree, or such conduct as a sexually  motivated
     2  felony, where authorized pursuant to section 130.91 of the penal law.
     3    § 33. Paragraph (b) of subdivision 1 of section 210.43 of the criminal

     4  procedure law, as amended by chapter 264 of the laws of 2003, is amended
     5  to read as follows:
     6    (b)  with  the  consent  of the district attorney, order removal of an
     7  action involving an indictment charging a juvenile offender with  murder
     8  in the second degree as defined in section 125.25 of the penal law; rape
     9  in  the first degree, as defined in paragraph (a) of subdivision one and
    10  paragraph (a) of subdivision two of section 130.35  of  the  penal  law;
    11  [criminal  sexual act in the first degree, as defined in subdivision one
    12  of section 130.50 of the penal law;] or an armed felony  as  defined  in
    13  paragraph  (a)  of  subdivision forty-one of section 1.20, to the family
    14  court pursuant to the provisions of article seven hundred twenty-five of
    15  this chapter if the court finds one or more of  the  following  factors:

    16  (i) mitigating circumstances that bear directly upon the manner in which
    17  the  crime  was  committed;  (ii)  where  the defendant was not the sole
    18  participant in the crime, the defendant's participation  was  relatively
    19  minor  although  not  so  minor as to constitute a defense to the prose-
    20  cution; or (iii) possible deficiencies in the proof of the  crime,  and,
    21  after  consideration of the factors set forth in subdivision two of this
    22  section, the court determined that removal of the action to  the  family
    23  court would be in the interests of justice.
    24    § 34.  Subparagraph (iii) of paragraph (g) of subdivision 5 of section
    25  220.10  of  the criminal procedure law, as amended by chapter 264 of the
    26  laws of 2003, is amended to read as follows:
    27    (iii) Where the indictment  does  not  charge  a  crime  specified  in

    28  subparagraph  (i) of this paragraph, the district attorney may recommend
    29  removal of the action to the family court. Upon making such  recommenda-
    30  tion  the district attorney shall submit a subscribed memorandum setting
    31  forth: (1) a recommendation that the interests of justice would best  be
    32  served  by  removal  of  the  action to the family court; and (2) if the
    33  indictment charges a thirteen year old with the crime of murder  in  the
    34  second degree, or a fourteen or fifteen year old with the crimes of rape
    35  in  the  first degree as defined in paragraph (a) of subdivision one and
    36  paragraph (a) of subdivision two of section 130.35 of the penal law, [or
    37  criminal sexual act in the first degree as defined in subdivision one of
    38  section 130.50 of the penal law,] or an armed felony as defined in para-

    39  graph (a) of subdivision forty-one  of  section  1.20  of  this  chapter
    40  specific factors, one or more of which reasonably supports the recommen-
    41  dation,  showing,  (i)  mitigating circumstances that bear directly upon
    42  the manner in which the crime was committed, or (ii) where the defendant
    43  was not the sole participant in the crime, that the defendant's  partic-
    44  ipation  was  relatively  minor although not so minor as to constitute a
    45  defense to the prosecution, or (iii) possible deficiencies in  proof  of
    46  the  crime,  or (iv) where the juvenile offender has no previous adjudi-
    47  cations of having committed a  designated  felony  act,  as  defined  in
    48  subdivision  eight  of section 301.2 of the family court act, regardless
    49  of the age of the offender at the time of commission of  the  act,  that
    50  the  criminal act was not part of a pattern of criminal behavior and, in

    51  view of the history of the offender, is not likely to be repeated.
    52    § 35. Subdivision 6 of section 300.50 of the criminal  procedure  law,
    53  as  amended  by  chapter  264 of the laws of 2003, is amended to read as
    54  follows:
    55    6. For purposes of this section, the offenses of  rape  in  the  third
    56  degree  as  defined  in [subdivision three] subdivisions five and six of
        A. 3339--A                         14
 
     1  section 130.25 of the penal law [and criminal sexual act  in  the  third
     2  degree  as  defined  in subdivision three of section 130.40 of the penal
     3  law], are not lesser included offenses of rape  in  the  first  degree[,
     4  criminal  sexual act in the first degree] or any other offense. Notwith-

     5  standing the foregoing, either such offense may be submitted as a lesser
     6  included offense of the applicable first degree offense when  (i)  there
     7  is  a reasonable view of the evidence which would support a finding that
     8  the defendant committed such lesser  offense  but  did  not  commit  the
     9  greater offense, and (ii) both parties consent to its submission.
    10    §  36.  Subdivision 6 of section 380.50 of the criminal procedure law,
    11  as amended by chapter 320 of the laws of 2006, is  amended  to  read  as
    12  follows:
    13    6.  Regardless of whether the victim requests to make a statement with
    14  regard to the defendant's sentence, where the defendant is sentenced for
    15  a violent felony offense as defined in section 70.02 of the penal law or
    16  a felony defined in article one hundred twenty-five of such law  or  any
    17  of  the  following  provisions  of  such  law  sections  130.25, 130.30,

    18  [130.40, 130.45,] 255.25, 255.26, 255.27,  article  two  hundred  sixty-
    19  three, 135.10, 135.25, 230.05, 230.06, subdivision two of section 230.30
    20  or  230.32, the prosecutor shall, within sixty days of the imposition of
    21  sentence, provide the victim with a form on which the victim  may  indi-
    22  cate  a demand to be informed of any petition to change the name of such
    23  defendant.   Such forms shall be maintained  by  such  prosecutor.  Upon
    24  receipt of a notice of a petition to change the name of any such defend-
    25  ant,  pursuant  to  subdivision  two  of  section sixty-two of the civil
    26  rights law, the prosecutor shall promptly notify the victim at the  most
    27  current  address or telephone number provided by such victim in the most
    28  reasonable and expedient possible manner of  the  time  and  place  such
    29  petition will be presented to the court.

    30    § 37. Paragraph (b) of subdivision 8 of section 700.05 of the criminal
    31  procedure law, as amended by chapter 405 of the laws of 2010, is amended
    32  to read as follows:
    33    (b)  Any  of  the  following felonies: assault in the second degree as
    34  defined in section 120.05 of the penal law, assault in the first  degree
    35  as  defined in section 120.10 of the penal law, reckless endangerment in
    36  the first degree as defined in section 120.25 of the penal law,  promot-
    37  ing  a  suicide  attempt  as defined in section 120.30 of the penal law,
    38  strangulation in the second degree as defined in section 121.12  of  the
    39  penal  law,  strangulation  in  the  first  degree as defined in section
    40  121.13 of the penal law, criminally negligent  homicide  as  defined  in
    41  section  125.10  of  the penal law, manslaughter in the second degree as

    42  defined in section 125.15 of the penal law, manslaughter  in  the  first
    43  degree  as  defined  in  section  125.20 of the penal law, murder in the
    44  second degree as defined in section 125.25 of the penal law,  murder  in
    45  the first degree as defined in section 125.27 of the penal law, abortion
    46  in  the  second  degree  as  defined in section 125.40 of the penal law,
    47  abortion in the first degree as defined in section 125.45 of  the  penal
    48  law,  rape in the third degree as defined in section 130.25 of the penal
    49  law, rape in the second degree as defined in section 130.30 of the penal
    50  law, rape in the first degree as defined in section 130.35 of the  penal
    51  law,  [criminal  sexual  act  in  the third degree as defined in section
    52  130.40 of the penal law, criminal sexual act in  the  second  degree  as

    53  defined  in  section 130.45 of the penal law, criminal sexual act in the
    54  first degree as defined in section 130.50  of  the  penal  law,]  sexual
    55  abuse in the first degree as defined in section 130.65 of the penal law,
    56  unlawful  imprisonment  in the first degree as defined in section 135.10
        A. 3339--A                         15
 
     1  of the penal law, kidnapping in the second degree as defined in  section
     2  135.20  of  the  penal law, kidnapping in the first degree as defined in
     3  section 135.25 of the penal law, labor trafficking as defined in section
     4  135.35  of  the penal law, custodial interference in the first degree as
     5  defined in section 135.50 of the penal law, coercion in the first degree
     6  as defined in section 135.65 of the penal law, criminal trespass in  the

     7  first  degree as defined in section 140.17 of the penal law, burglary in
     8  the third degree as defined in section 140.20 of the penal law, burglary
     9  in the second degree as defined in section  140.25  of  the  penal  law,
    10  burglary  in  the first degree as defined in section 140.30 of the penal
    11  law, criminal mischief in the third degree as defined in section  145.05
    12  of  the  penal law, criminal mischief in the second degree as defined in
    13  section 145.10 of the penal law, criminal mischief in the  first  degree
    14  as defined in section 145.12 of the penal law, criminal tampering in the
    15  first degree as defined in section 145.20 of the penal law, arson in the
    16  fourth  degree  as  defined in section 150.05 of the penal law, arson in
    17  the third degree as defined in section 150.10 of the penal law, arson in
    18  the second degree as defined in section 150.15 of the penal  law,  arson

    19  in the first degree as defined in section 150.20 of the penal law, grand
    20  larceny  in  the fourth degree as defined in section 155.30 of the penal
    21  law, grand larceny in the third degree as defined in section  155.35  of
    22  the  penal law, grand larceny in the second degree as defined in section
    23  155.40 of the penal law, grand larceny in the first degree as defined in
    24  section 155.42 of the penal law, health care fraud in the fourth  degree
    25  as  defined in section 177.10 of the penal law, health care fraud in the
    26  third degree as defined in section 177.15 of the penal law, health  care
    27  fraud  in  the  second  degree as defined in section 177.20 of the penal
    28  law, health care fraud in the first degree as defined in section  177.25
    29  of  the  penal  law,  robbery  in the third degree as defined in section
    30  160.05 of the penal law, robbery in the  second  degree  as  defined  in

    31  section  160.10 of the penal law, robbery in the first degree as defined
    32  in section 160.15 of the penal law, unlawful use  of  secret  scientific
    33  material  as  defined  in  section  165.07  of  the  penal law, criminal
    34  possession of stolen property in the fourth degree as defined in section
    35  165.45 of the penal law, criminal possession of stolen property  in  the
    36  third  degree  as  defined  in section 165.50 of the penal law, criminal
    37  possession of stolen property in the second degree as defined by section
    38  165.52 of the penal law, criminal possession of stolen property  in  the
    39  first  degree  as  defined by section 165.54 of the penal law, trademark
    40  counterfeiting in the second degree as defined in section 165.72 of  the
    41  penal  law,  trademark  counterfeiting in the first degree as defined in
    42  section 165.73 of the penal law, forgery in the second degree as defined

    43  in section 170.10 of the penal law,  forgery  in  the  first  degree  as
    44  defined  in  section  170.15  of the penal law, criminal possession of a
    45  forged instrument in the second degree as defined in section  170.25  of
    46  the  penal  law, criminal possession of a forged instrument in the first
    47  degree  as  defined  in  section  170.30  of  the  penal  law,  criminal
    48  possession  of forgery devices as defined in section 170.40 of the penal
    49  law, falsifying business records in  the  first  degree  as  defined  in
    50  section  175.10  of  the penal law, tampering with public records in the
    51  first degree as defined in section 175.25 of the penal law,  offering  a
    52  false  instrument  for  filing in the first degree as defined in section
    53  175.35 of the penal law, issuing  a  false  certificate  as  defined  in
    54  section  175.40  of  the  penal  law, criminal diversion of prescription

    55  medications and prescriptions in the second degree as defined in section
    56  178.20 of the penal law, criminal diversion of prescription  medications
        A. 3339--A                         16
 
     1  and  prescriptions  in  the first degree as defined in section 178.25 of
     2  the penal law, residential  mortgage  fraud  in  the  fourth  degree  as
     3  defined  in  section 187.10 of the penal law, residential mortgage fraud
     4  in the third degree as defined in section 187.15 of the penal law, resi-
     5  dential mortgage fraud in the second degree as defined in section 187.20
     6  of  the  penal  law,  residential  mortgage fraud in the first degree as
     7  defined in section 187.25 of the penal law, escape in the second  degree
     8  as  defined  in  section  205.10  of  the penal law, escape in the first
     9  degree as defined in section 205.15 of the penal  law,  absconding  from

    10  temporary  release  in  the first degree as defined in section 205.17 of
    11  the penal law, promoting  prison  contraband  in  the  first  degree  as
    12  defined in section 205.25 of the penal law, hindering prosecution in the
    13  second  degree  as defined in section 205.60 of the penal law, hindering
    14  prosecution in the first degree as defined  in  section  205.65  of  the
    15  penal  law,  sex  trafficking  as defined in section 230.34 of the penal
    16  law, criminal possession of a weapon in the third degree as  defined  in
    17  subdivisions  two,  three  and  five of section 265.02 of the penal law,
    18  criminal possession of a weapon in  the  second  degree  as  defined  in
    19  section  265.03 of the penal law, criminal possession of a weapon in the
    20  first degree as defined in section 265.04 of the penal law, manufacture,
    21  transport, disposition and defacement of weapons and  dangerous  instru-

    22  ments  and  appliances defined as felonies in subdivisions one, two, and
    23  three of section 265.10 of the penal law, sections  265.11,  265.12  and
    24  265.13  of  the  penal  law,  or prohibited use of weapons as defined in
    25  subdivision two of section 265.35 of the penal law, relating to firearms
    26  and other dangerous weapons, or failure to  disclose  the  origin  of  a
    27  recording  in the first degree as defined in section 275.40 of the penal
    28  law;
    29    § 38. Paragraph (a) of subdivision 2 of section 720.10 of the criminal
    30  procedure law, as amended by chapter 316 of the laws of 2006, is amended
    31  to read as follows:
    32    (a) the conviction to be replaced by a youthful  offender  finding  is
    33  for  (i)  a  class  A-I or class A-II felony, or (ii) an armed felony as
    34  defined in subdivision forty-one of section 1.20, except as provided  in

    35  subdivision  three,  or (iii) rape in the first degree[, criminal sexual
    36  act in the first degree,] or aggravated sexual abuse, except as provided
    37  in subdivision three, or
    38    § 39. Paragraph (a) of subdivision 2 and paragraph (a) of  subdivision
    39  3 of section 168-a of the correction law, paragraph (a) of subdivision 2
    40  as  amended  by  chapter  405  of  the laws of 2008 and paragraph (a) of
    41  subdivision 3 as amended by chapter 107 of the laws of 2006, are amended
    42  to read as follows:
    43    (a) (i) a conviction of or a conviction for an attempt to  commit  any
    44  of  the  provisions of sections 120.70, 130.20, 130.25, 130.30, [130.40,
    45  130.45,] 130.60, 230.34, 250.50, 255.25, 255.26 and  255.27  or  article
    46  two  hundred  sixty-three  of  the penal law, or section 135.05, 135.10,

    47  135.20 or 135.25 of such law relating to kidnapping  offenses,  provided
    48  the  victim of such kidnapping or related offense is less than seventeen
    49  years old and the offender is not the parent of the victim,  or  section
    50  230.04, where the person patronized is in fact less than seventeen years
    51  of  age,  230.05  or  230.06,  or  subdivision two of section 230.30, or
    52  section 230.32 or 230.33 of the penal law, or (ii) a conviction of or  a
    53  conviction  for  an  attempt  to commit any of the provisions of section
    54  235.22 of the penal law, or (iii) a conviction of or a conviction for an
    55  attempt to commit any provisions of the foregoing sections committed  or
    56  attempted  as a hate crime defined in section 485.05 of the penal law or
        A. 3339--A                         17
 
     1  as a crime of terrorism defined in section 490.25 of such law  or  as  a

     2  sexually motivated felony defined in section 130.91 of such law; or
     3    (a)  (i)  a conviction of or a conviction for an attempt to commit any
     4  of the provisions of sections 130.35, [130.50,] 130.65, 130.66,  130.67,
     5  130.70,  130.75,  130.80,  130.95 and 130.96 of the penal law, or (ii) a
     6  conviction of or a conviction for  an  attempt  to  commit  any  of  the
     7  provisions  of sections 130.53, 130.65-a and 130.90 of the penal law, or
     8  (iii) a conviction of or a conviction  for  an  attempt  to  commit  any
     9  provisions  of  the  foregoing sections committed or attempted as a hate
    10  crime defined in section 485.05 of the  penal  law  or  as  a  crime  of
    11  terrorism defined in section 490.25 of such law; or
    12    §  40.  Subparagraph (ii) of paragraph (a), subparagraphs (i) and (ii)
    13  of paragraph (b) and paragraph (e) of subdivision 8 of section 384-b  of

    14  the  social  services  law, subparagraph (ii) of paragraph (a) and para-
    15  graph (e) as added and subparagraphs (i) and (ii) of  paragraph  (b)  as
    16  amended  by  chapter  7  of  the  laws  of  1999, are amended to read as
    17  follows:
    18    (ii) the child has been found to be an abused  child,  as  defined  in
    19  paragraph  (iii) of subdivision (e) of section ten hundred twelve of the
    20  family court act, as a result of such parent's acts; provided,  however,
    21  the  respondent must have committed or knowingly allowed to be committed
    22  a felony sex offense as defined  in  sections  130.25,  130.30,  130.35,
    23  [130.40,  130.45,  130.50,] 130.65, 130.67, 130.70, 130.75 and 130.80 of
    24  the penal law and, for the purposes of this  section  the  corroboration
    25  requirements  contained  in the penal law shall not apply to proceedings
    26  under this section; or

    27    (i) the child has been found to be an abused child, (A) as defined  in
    28  paragraph  (i)  of  subdivision (e) of section ten hundred twelve of the
    29  family court act, as a result of such parent's acts; or (B)  as  defined
    30  in  paragraph  (iii) of subdivision (e) of section ten hundred twelve of
    31  the family court act, as a  result  of  such  parent's  acts;  provided,
    32  however,  the  respondent must have committed or knowingly allowed to be
    33  committed a felony sex offense as defined in  sections  130.25,  130.30,
    34  130.35,  [130.40,  130.45,  130.50,]  130.65, 130.67, 130.70, 130.75 and
    35  130.80 of the penal law; and
    36    (ii) (A) the child or another child for whose care such parent  is  or
    37  has  been legally responsible has been previously found, within the five
    38  years immediately preceding the initiation of the  proceeding  in  which

    39  such  abuse is found, to be an abused child, as defined in paragraph (i)
    40  or (iii) of subdivision (e) of section ten hundred twelve of the  family
    41  court  act, as a result of such parent's acts; provided, however, in the
    42  case of a finding of abuse as defined in paragraph (iii) of  subdivision
    43  (e) of section ten hundred twelve of the family court act the respondent
    44  must  have  committed  or knowingly allowed to be committed a felony sex
    45  offense as defined in sections 130.25, 130.30, 130.35, [130.40,  130.45,
    46  130.50,]  130.65, 130.67, 130.70, 130.75 and 130.80 of the penal law, or
    47  (B) the parent has been convicted  of  a  crime  under  section  130.25,
    48  130.30, 130.35, [130.40, 130.45, 130.50,] 130.65, 130.67, 130.70, 130.75
    49  or  130.80 of the penal law against the child, a sibling of the child or

    50  another child for whose care such parent is or has been legally  respon-
    51  sible,  within the five year period immediately preceding the initiation
    52  of the proceeding in which abuse is found; and
    53    (e) A determination by the court in accordance with article ten of the
    54  family court act based upon clear and convincing evidence that  a  child
    55  was abused (A) as defined in paragraph (i) of subdivision (e) of section
    56  ten hundred twelve of the family court act, as a result of such parent's
        A. 3339--A                         18
 
     1  acts; or (B) as defined in paragraph (iii) of subdivision (e) of section
     2  ten hundred twelve of the family court act, as a result of such parent's
     3  acts; provided, however, the respondent must have committed or knowingly
     4  allowed  to  be  committed  a  felony sex offense as defined in sections

     5  130.25,  130.30,  130.35,  [130.40,  130.45,  130.50,]  130.65,  130.67,
     6  130.70,  130.75  and  130.80  of  the penal law shall establish that the
     7  child was an abused child for the purpose of a determination as required
     8  by subparagraph (i) or (ii) of paragraph (b) of this subdivision. Such a
     9  determination by the court in accordance with article ten of the  family
    10  court  act based upon a fair preponderance of evidence shall be admissi-
    11  ble in any proceeding commenced in accordance with this section.
    12    § 41. Paragraphs (a) and (b) of subdivision 4 of section 509-cc of the
    13  vehicle and traffic law, as amended by chapter 400 of the laws of  2011,
    14  are amended to read as follows:
    15    (a)  The offenses referred to in subparagraph (ii) of paragraph (a) of
    16  subdivision one and paragraph (a) of subdivision  two  of  this  section

    17  that  result  in  permanent  disqualification shall include a conviction
    18  under sections 125.12, 125.13, 125.14, 125.15, 125.20,  125.21,  125.22,
    19  125.25,  125.26,  125.27,  130.30,  130.35,  [130.45,  130.50,]  130.65,
    20  130.66, 130.67, 130.70, 130.75, 130.80, 130.90, 130.95, 130.96,  135.25,
    21  150.20,  230.30, 230.32, 230.34, 235.22, 263.05, 263.10, 263.11, 263.15,
    22  263.16 of the penal law or an attempt to commit  any  of  the  aforesaid
    23  offenses  under section 110.00 of the penal law, or any offenses commit-
    24  ted under a former section of  the  penal  law  which  would  constitute
    25  violations  of  the aforesaid sections of the penal law, or any offenses
    26  committed outside this state which would constitute  violations  of  the
    27  aforesaid sections of the penal law.
    28    (b)  The offenses referred to in subparagraph (ii) of paragraph (a) of

    29  subdivision one and paragraph (b) of subdivision  two  of  this  section
    30  that  result  in  permanent  disqualification shall include a conviction
    31  under sections 100.13, 105.15, 105.17, 115.08, 120.12,  120.70,  125.10,
    32  125.11,  [130.40,]  130.53,  130.60,  130.65-a,  135.20, 160.15, 220.18,
    33  220.21, 220.39, 220.41, 220.43, 220.44, 230.25, 260.00,  265.04  of  the
    34  penal  law  or  an attempt to commit any of the aforesaid offenses under
    35  section 110.00 of the penal law,  or  any  offenses  committed  under  a
    36  former section of the penal law which would constitute violations of the
    37  aforesaid  sections  of the penal law, or any offenses committed outside
    38  this state which would constitute violations of the  aforesaid  sections
    39  of the penal law.
    40    §  42.  Subdivision  (b)  of  section  117 of the family court act, as

    41  amended by chapter 7 of the laws of 2007, is amended to read as follows:
    42    (b) For every juvenile  delinquency  proceeding  under  article  three
    43  involving  an  allegation of an act committed by a person which, if done
    44  by an adult, would be a crime (i) defined in sections 125.27 (murder  in
    45  the first degree); 125.25 (murder in the second degree); 135.25 (kidnap-
    46  ping  in the first degree); or 150.20 (arson in the first degree) of the
    47  penal law committed by a person thirteen, fourteen or fifteen  years  of
    48  age;  or  such  conduct  committed as a sexually motivated felony, where
    49  authorized pursuant to section 130.91 of the penal law; (ii) defined  in
    50  sections  120.10  (assault in the first degree); 125.20 (manslaughter in
    51  the first degree); 130.35 (rape in the first degree); [130.50  (criminal
    52  sexual  act  in  the  first  degree);]  135.20 (kidnapping in the second

    53  degree), but only where the abduction involved the use or threat of  use
    54  of deadly physical force; 150.15 (arson in the second degree); or 160.15
    55  (robbery  in  the  first  degree) of the penal law committed by a person
    56  thirteen, fourteen or fifteen years of age; or such conduct committed as
        A. 3339--A                         19
 
     1  a sexually motivated felony, where authorized pursuant to section 130.91
     2  of the penal law; (iii) defined in the penal law as an attempt to commit
     3  murder in the first or second degree or kidnapping in the  first  degree
     4  committed  by  a  person  thirteen, fourteen or fifteen years of age; or
     5  such conduct committed as a sexually motivated felony, where  authorized
     6  pursuant  to  section  130.91  of the penal law; (iv) defined in section
     7  140.30 (burglary in the first degree); subdivision one of section 140.25

     8  (burglary in the second  degree);  subdivision  two  of  section  160.10
     9  (robbery  in  the  second degree) of the penal law; or section 265.03 of
    10  the penal law, where such machine gun or such firearm  is  possessed  on
    11  school  grounds,  as  that  phrase is defined in subdivision fourteen of
    12  section 220.00 of the penal  law  committed  by  a  person  fourteen  or
    13  fifteen  years of age; or such conduct committed as a sexually motivated
    14  felony, where authorized pursuant to section 130.91 of  the  penal  law;
    15  (v)  defined  in section 120.05 (assault in the second degree) or 160.10
    16  (robbery in the second degree) of the penal law committed  by  a  person
    17  fourteen  or  fifteen years of age but only where there has been a prior
    18  finding by a court that such person  has  previously  committed  an  act
    19  which,  if  committed  by an adult, would be the crime of assault in the

    20  second degree, robbery in the second degree or any designated felony act
    21  specified in clause (i), (ii) or (iii) of this subdivision regardless of
    22  the age of such person at the time of the commission of the  prior  act;
    23  or  (vi)  other than a misdemeanor, committed by a person at least seven
    24  but less than sixteen years of age, but only where there  has  been  two
    25  prior  findings  by the court that such person has committed a prior act
    26  which, if committed by an adult would be a felony:
    27    (i) There is hereby established in the family court in the city of New
    28  York at least one "designated felony act part." Such part or parts shall
    29  be held separate from all other proceedings of the court, and shall have
    30  jurisdiction over all proceedings involving such an allegation. All such
    31  proceedings shall be originated in or be transferred to this  part  from

    32  other parts as they are made known to the court.
    33    (ii)  Outside  the city of New York, all proceedings involving such an
    34  allegation shall have a hearing preference over every  other  proceeding
    35  in the court, except proceedings under article ten.
    36    §  43.  Paragraph (ii) of subdivision 8 of section 301.2 of the family
    37  court act, as amended by chapter 7 of the laws of 2007,  is  amended  to
    38  read as follows:
    39    (ii)  defined in sections 120.10 (assault in the first degree); 125.20
    40  (manslaughter in the first degree); 130.35 (rape in the  first  degree);
    41  [130.50  (criminal  sexual act in the first degree);] 130.70 (aggravated
    42  sexual abuse in the first degree);  135.20  (kidnapping  in  the  second
    43  degree)  but  only where the abduction involved the use or threat of use
    44  of deadly physical force; 150.15 (arson in the second degree) or  160.15

    45  (robbery  in  the  first  degree) of the penal law committed by a person
    46  thirteen, fourteen or fifteen years of age; or such conduct committed as
    47  a sexually motivated felony, where authorized pursuant to section 130.91
    48  of the penal law;
    49    § 44. Subdivision 4 of section 308.1  of  the  family  court  act,  as
    50  amended  by  chapter  264  of  the  laws  of 2003, is amended to read as
    51  follows:
    52    4. The probation service shall not adjust a case in  which  the  child
    53  has  allegedly committed a delinquent act which would be a crime defined
    54  in section 120.25, (reckless endangerment in the first degree),  [subdi-
    55  vision  one  of  section  125.15,  (manslaughter  in the second degree),
    56  subdivision] subdivisions one and two of section 130.25,  (rape  in  the

        A. 3339--A                         20
 
     1  third  degree), [subdivision one of section 130.40, (criminal sexual act
     2  in the third degree),] subdivision one or two of section 130.65, (sexual
     3  abuse in the first degree),  section  135.65,  (coercion  in  the  first
     4  degree), section 140.20, (burglary in the third degree), section 150.10,
     5  (arson  in  the  third  degree),  section  160.05, (robbery in the third
     6  degree), subdivision two, three or four  of  section  265.02,  (criminal
     7  possession  of  a weapon in the third degree), section 265.03, (criminal
     8  possession of a weapon in the second degree), or section 265.04, (crimi-
     9  nal possession of a dangerous weapon in the first degree) of  the  penal
    10  law where the child has previously had one or more adjustments of a case
    11  in  which  such  child allegedly committed an act which would be a crime

    12  specified in this subdivision unless it has  received  written  approval
    13  from the court and the appropriate presentment agency.
    14    §  45.  Subdivision  (c)  of  section 1052 of the family court act, as
    15  added by chapter 739 of the laws of 1981, is amended to read as follows:
    16    (c) Prior to granting an order of disposition pursuant to  subdivision
    17  (a) of this section following an adjudication of child abuse, as defined
    18  in  paragraph  (i)  of  subdivision (e) of section ten hundred twelve of
    19  this act or a finding of a felony sex offense  as  defined  in  sections
    20  130.25,  130.30,  130.35, [130.40, 130.45, 130.50,] 130.65 and 130.70 of
    21  the penal law, the court shall advise the respondent that any subsequent
    22  adjudication of child abuse, as defined in paragraph (i) of  subdivision
    23  (e) of section one thousand twelve of this act or any subsequent finding

    24  of  a  felony  sex offense as defined in those sections of the penal law
    25  herein enumerated, arising out of acts of the respondent may  result  in
    26  the  commitment  of the guardianship and custody of the child or another
    27  child pursuant to section three  hundred  eighty-four-b  of  the  social
    28  services law. The order in such cases shall contain a statement that any
    29  subsequent  adjudication  of  child  abuse  or  finding  of a felony sex
    30  offense as described herein may result in the commitment of the  guardi-
    31  anship  and  custody  of the child, or another child pursuant to section
    32  three hundred eighty-four-b of the social services law.
    33    § 46. Subdivision 2 of section 61 of the civil rights law, as  amended
    34  by  section 54 of subpart B of part C of chapter 62 of the laws of 2011,
    35  is amended to read as follows:
    36    2. If the petitioner stands convicted of a violent felony  offense  as

    37  defined in section 70.02 of the penal law or a felony defined in article
    38  one  hundred  twenty-five of such law or any of the following provisions
    39  of such law sections 130.25, 130.30, [130.40, 130.45,]  255.25,  255.26,
    40  255.27, article two hundred sixty-three, 135.10, 135.25, 230.05, 230.06,
    41  subdivision  two  of section 230.30 or 230.32, and is currently confined
    42  as an inmate in any correctional facility or currently under the  super-
    43  vision  of  the department of corrections and community supervision or a
    44  county probation department as a result of such conviction, the petition
    45  shall for each such conviction specify such felony conviction, the  date
    46  of  such  conviction  or  convictions,  and  the  court  in  which  such
    47  conviction or convictions were entered.
    48    § 47. Subdivision 2 of section 62 of the civil rights law, as  amended

    49  by  section 55 of subpart B of part C of chapter 62 of the laws of 2011,
    50  is amended to read as follows:
    51    2. If the petition be  to  change  the  name  of  a  person  currently
    52  confined  as  an  inmate in any correctional facility or currently under
    53  the supervision of the department of corrections  and  community  super-
    54  vision  or a county probation department as a result of a conviction for
    55  a violent felony offense as defined in section 70.02 of the penal law or
    56  a felony defined in article one hundred twenty-five of such law  or  any
        A. 3339--A                         21
 
     1  of  the  following  provisions  of  such  law  sections  130.25, 130.30,
     2  [130.40, 130.45,] 255.25, 255.26, 255.27,  article  two  hundred  sixty-
     3  three, 135.10, 135.25, 230.05, 230.06, subdivision two of section 230.30

     4  or 230.32, notice of the time and place when and where the petition will
     5  be  presented  shall  be  served, in like manner as a notice of a motion
     6  upon an attorney in an action, upon the district attorney of every coun-
     7  ty in which such person has been convicted of such felony and  upon  the
     8  court  or  courts  in  which  the  sentence for such felony was entered.
     9  Unless a shorter period of time is ordered by  the  court,  said  notice
    10  shall be served upon each such district attorney and court or courts not
    11  less than sixty days prior to the date on which such petition is noticed
    12  to be heard.
    13    §  48. The closing paragraph of section 64 of the civil rights law, as
    14  separately amended by chapters 258, 320 and 481 of the laws of 2006,  is
    15  amended to read as follows:
    16    Upon  compliance with the order and the filing of the affidavit of the

    17  publication, as provided in this section, the  clerk  of  the  court  in
    18  which  the  order has been entered shall certify that the order has been
    19  complied with; and, if the petition states that  the  petitioner  stands
    20  convicted of a violent felony offense as defined in section 70.02 of the
    21  penal law or a felony defined in article one hundred twenty-five of such
    22  law  or  any  of  the  following provisions of such law sections 130.25,
    23  130.30, [130.40, 130.45,] 255.25, 255.26, 255.27,  article  two  hundred
    24  sixty-three,  135.10, 135.25, 230.05, 230.06, subdivision two of section
    25  230.30 or 230.32, such clerk (1) shall deliver, by first class  mail,  a
    26  copy  of  such  certified  order  to  the  division  of criminal justice
    27  services at its office in the county of Albany and (2) upon the clerk of
    28  the court reviewing the petitioner's application  for  name  change  and

    29  subsequent in-court inquiry, may, in the clerk's discretion, deliver, by
    30  first class mail, the petitioner's new name with such certified order to
    31  the court of competent jurisdiction which imposed the orders of support.
    32  Such  certification shall appear on the original order and on any certi-
    33  fied copy thereof and shall be entered in the  clerk's  minutes  of  the
    34  proceeding.
    35    §  49.  Section 213-c of the civil practice law and rules, as added by
    36  chapter 3 of the laws of 2006, is amended to read as follows:
    37    § 213-c. Action by  victim  of  conduct  constituting  certain  sexual
    38  offenses.  Notwithstanding  any other limitation set forth in this arti-
    39  cle, a civil claim or cause of action to recover  from  a  defendant  as
    40  hereinafter  defined,  for  physical,  psychological  or other injury or
    41  condition suffered by a person as a result of acts by such defendant  of

    42  rape  in the first degree as defined in section 130.35 of the penal law,
    43  [or criminal sexual act in the first degree as defined in section 130.50
    44  of the penal law,] or aggravated sexual abuse in  the  first  degree  as
    45  defined  in section 130.70 of the penal law, or course of sexual conduct
    46  against a child in the first degree as defined in section 130.75 of  the
    47  penal law may be brought within five years. As used in this section, the
    48  term "defendant" shall mean only a person who commits the acts described
    49  in  this section or who, in a criminal proceeding, could be charged with
    50  criminal liability for the commission of such acts pursuant  to  section
    51  20.00 of the penal law and shall not apply to any related civil claim or
    52  cause of action arising from such acts. Nothing in this section shall be
    53  construed  to  require  that  a criminal charge be brought or a criminal

    54  conviction be obtained as a condition  of  bringing  a  civil  cause  of
    55  action  or  receiving  a  civil  judgment pursuant to this section or be
        A. 3339--A                         22
 
     1  construed to require that any of the rules governing a criminal proceed-
     2  ing be applicable to any such civil action.
     3    § 50. Paragraph (b) of subdivision 8 of section 215 of the civil prac-
     4  tice  law  and  rules,  as  added  by  chapter 3 of the laws of 2006, is
     5  amended to read as follows:
     6    (b) Whenever it is shown that  a  criminal  action  against  the  same
     7  defendant  has  been  commenced  with respect to the event or occurrence
     8  from which a claim governed by this section arises,  and  such  criminal
     9  action  is  for rape in the first degree as defined in section 130.35 of

    10  the penal law, [or criminal sexual act in the first degree as defined in
    11  section 130.50 of the penal law,] or  aggravated  sexual  abuse  in  the
    12  first degree as defined in section 130.70 of the penal law, or course of
    13  sexual conduct against a child in the first degree as defined in section
    14  130.75  of  the  penal law, the plaintiff shall have at least five years
    15  from the termination of the criminal action as defined in  section  1.20
    16  of  the  criminal  procedure  law in which to commence the civil action,
    17  notwithstanding that the time in  which  to  commence  such  action  has
    18  already expired or has less than a year remaining.
    19    §  51.  Subdivision  11  of section 123 of the agriculture and markets
    20  law, as amended by chapter 392 of the laws of 2004, and such section  as
    21  renumbered by section 18 of part T of chapter 59 of the laws of 2010, is

    22  amended to read as follows:
    23    11.  The owner shall not be liable pursuant to subdivision six, seven,
    24  eight, nine or ten of this section if the dog was coming to the  aid  or
    25  defense  of  a person during the commission or attempted commission of a
    26  murder, robbery, burglary, arson, rape in the first degree as defined in
    27  paragraph (a) or (b) of subdivision one  or  paragraph  (a)  or  (b)  of
    28  subdivision two of section 130.35 of the penal law[, criminal sexual act
    29  in  the  first  degree  as  defined in subdivision one or two of section
    30  130.50 of the penal law] or kidnapping within the dwelling or  upon  the
    31  real  property of the owner of the dog and the dog injured or killed the
    32  person committing such criminal activity.
    33    § 52. Section 4 of the judiciary law, as amended by chapter 264 of the

    34  laws of 2003, is amended to read as follows:
    35    § 4. Sittings of courts to be public.  The  sittings  of  every  court
    36  within  this  state shall be public, and every citizen may freely attend
    37  the same, except that  in  all  proceedings  and  trials  in  cases  for
    38  divorce,  seduction, abortion, rape, assault with intent to commit rape,
    39  [criminal sexual act,] bastardy or filiation,  the  court  may,  in  its
    40  discretion,  exclude  therefrom  all persons who are not directly inter-
    41  ested therein, excepting jurors, witnesses, and officers of the court.
    42    § 53. Subdivision 2 of section 120.60 of the penal law, as amended  by
    43  chapter 434 of the laws of 2000, is amended to read as follows:
    44    2. commits a class A misdemeanor defined in article one hundred thirty
    45  of this chapter, or a class E felony defined in section 130.25, [130.40]

    46  or 130.85 of this chapter, or a class D felony defined in section 130.30
    47  [or 130.45] of this chapter.
    48    §  54.  This act shall take effect on the ninetieth day after it shall
    49  have become a law and shall apply to any offense on or after such effec-
    50  tive date. As it pertains to the repealed sections of  law,  nothing  in
    51  this  act shall affect a requirement to register pursuant to article 6-C
    52  of the correction law; a lawfully required disclosure of  a  conviction;
    53  any restriction or prohibition for certain types of employment, housing,
    54  or  government  benefit;  or  any  other  ongoing  matter  related  to a
    55  conviction of the sections repealed in this act.