New York State Assembly

 
•  Summary 
 
•  Actions 
 
•  Committee Votes 
 
•  Floor Votes 
 
•  Memo 
 
•  Text 

A04959 Summary:

A04959 Actions:

A04959 Committee Votes:

A04959 Floor Votes:

A04959 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4959--B
                                                                Cal. No. 195
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 9, 2015
                                       ___________
 
        Introduced  by  M.  of  A.  SIMOTAS, COLTON, AUBRY, MARKEY, ENGLEBRIGHT,
          BRAUNSTEIN, DenDEKKER, BRINDISI, MORELLE, JAFFEE, PERRY, CLARK,  COOK,
          HOOPER,  WEPRIN,  SANTABARBARA, SKOUFIS, ROZIC, HEVESI, QUART, LIFTON,
          GJONAJ, OTIS, SEPULVEDA, McDONALD, MOSLEY, HAWLEY  --  Multi-Sponsored
          by  --  M.  of  A.  ARROYO,  BRENNAN, BUCHWALD, CORWIN, DUPREY, FINCH,
          FITZPATRICK, GALEF,  GLICK,  GOODELL,  HIKIND,  LUPARDO,  MALLIOTAKIS,
          McDONOUGH, MONTESANO, PEOPLES-STOKES, RA, ROBINSON, SCHIMEL, WALTER --
          read  once  and  referred  to  the  Committee  on  Codes  -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee -- advanced to a third reading, amended and  ordered
          reprinted, retaining its place on the order of third reading
 
        AN  ACT  to  amend  the  penal  law,  the  criminal  procedure  law, the
          correction law, the social services law, the vehicle and traffic  law,
          the family court act, the civil rights law, the civil practice law and
          rules,  the  agriculture  and  markets  law, the judiciary law and the
          domestic relations law, in relation to sex  offenses;  and  to  repeal
          certain provisions of the penal law relating thereto
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Sections 130.40, 130.45 and 130.50 of  the  penal  law  are
     2  REPEALED.
     3    § 2. Subdivisions 1 and 2 of section 130.00 of the penal law, subdivi-
     4  sion  2  as  amended  by chapter 264 of the laws of 2003, are amended to
     5  read as follows:
     6    1. "[Sexual intercourse] Vaginal sexual  contact"  [has  its  ordinary
     7  meaning  and  occurs upon any penetration, however slight] means conduct
     8  between persons consisting of contact between the penis and  the  vagina
     9  or vulva.
    10    2.  (a)  "Oral sexual [conduct] contact" means conduct between persons
    11  consisting of contact between the mouth and the penis, the mouth and the
    12  anus, or the mouth and the vulva or vagina.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06040-05-6
        A. 4959--B                          2
 
     1    (b) "Anal sexual [conduct]  contact"  means  conduct  between  persons
     2  consisting of contact between the penis and anus.
     3    §  3.  Section 130.25 of the penal law, as amended by chapter 1 of the
     4  laws of 2000, is amended to read as follows:
     5  § 130.25 Rape in the third degree.
     6    A person is guilty of rape in the third degree when:
     7    1. He or she engages in [sexual intercourse]  vaginal  sexual  contact
     8  with another person who is incapable of consent by reason of some factor
     9  other than being less than seventeen years old;
    10    2. He or she engages in oral sexual contact with another person who is
    11  incapable of consent by reason of some factor other than being less than
    12  seventeen years old;
    13    3. He or she engages in anal sexual contact with another person who is
    14  incapable  of  consent  by  reason of some other factor other than being
    15  less than seventeen years old;
    16    4. Being twenty-one years old or more, he or she  engages  in  [sexual
    17  intercourse] vaginal sexual contact with another person less than seven-
    18  teen years old; [or
    19    3.]  5.  Being twenty-one years old or more, he or she engages in oral
    20  sexual contact with another person less than seventeen years old;
    21    6. Being twenty-one years old or more, he or she engages in anal sexu-
    22  al contact with another person less than seventeen years old;
    23    7. He or she engages in [sexual intercourse]  vaginal  sexual  contact
    24  with  another  person  without  such person's consent where such lack of
    25  consent is by reason of some factor other than incapacity to consent[.];
    26    8. He or she engages in oral sexual contact with another person  with-
    27  out  such  person's  consent  where such lack of consent is by reason of
    28  some factor other than incapacity to consent; or
    29    9. He or she engages in anal sexual contact with another person  with-
    30  out  such  person's  consent  where such lack of consent is by reason of
    31  some factor other than the incapacity to consent.
    32    Rape in the third degree is a class E felony.
    33    § 4. Section 130.30 of the penal law, as amended by chapter 1  of  the
    34  laws of 2000, is amended to read as follows:
    35  § 130.30 Rape in the second degree.
    36    A person is guilty of rape in the second degree when:
    37    1.  being  eighteen  years  old  or more, he or she engages in [sexual
    38  intercourse] vaginal  sexual  contact  with  another  person  less  than
    39  fifteen years old; [or]
    40    2.  being eighteen years old or more, he or she engages in oral sexual
    41  contact with another person less than fifteen years old;
    42    3. being eighteen years old or more, he or she engages in anal  sexual
    43  contact with another person less than fifteen years old;
    44    4.  he  or  she engages in [sexual intercourse] vaginal sexual contact
    45  with another person who is incapable  of  consent  by  reason  of  being
    46  mentally disabled or mentally incapacitated[.] ;
    47    5. he or she engages in oral sexual contact with another person who is
    48  incapable  of  consent  by reason of being mentally disabled or mentally
    49  incapacitated; or
    50    6. he or she engages in anal sexual contact with another person who is
    51  incapable of consent by reason of being mentally  disabled  or  mentally
    52  incapacitated.
    53    It  shall be an affirmative defense to the crime of rape in the second
    54  degree as defined in [subdivision] subdivisions one, two  and  three  of
    55  this  section that the defendant was less than four years older than the
    56  victim at the time of the act.
        A. 4959--B                          3
 
     1    Rape in the second degree is a class D felony.
     2    §  5.  Section 130.35 of the penal law, as amended by chapter 1 of the
     3  laws of 2000, is amended to read as follows:
     4  § 130.35 Rape in the first degree.
     5    A person is guilty of rape in the first degree when:
     6    1. he or she engages in [sexual intercourse]  vaginal  sexual  contact
     7  with another person:
     8    [1.] (a) By forcible compulsion; or
     9    [2.]  (b)  Who  is  incapable of consent by reason of being physically
    10  helpless; or
    11    [3.] (c) Who is less than eleven years old; or
    12    [4.] (d) Who is less than thirteen years old and the actor is eighteen
    13  years old or more[.];
    14    2. he or she engages in oral sexual contact with another person:
    15    (a) By forcible compulsion; or
    16    (b) Who is incapable of consent by reason of  being  physically  help-
    17  less; or
    18    (c) Who is less than eleven years old; or
    19    (d)  Who  is  less  than  thirteen years old and the actor is eighteen
    20  years old or more; or
    21    3. he or she engages in anal sexual contact with another person:
    22    (a) by forcible compulsion; or
    23    (b) who is incapable of consent by reason of  being  physically  help-
    24  less; or
    25    (c) who is less than eleven years old; or
    26    (d)  who  is  less  than  thirteen years old and the actor is eighteen
    27  years old or more.
    28    Rape in the first degree is a class B felony.
    29    § 6. Paragraph 2 of subdivision 18 of section 10.00 of the penal  law,
    30  as  amended  by  chapter  7  of  the laws of 2007, is amended to read as
    31  follows:
    32    (2) a person fourteen or fifteen years old who is criminally responsi-
    33  ble for acts constituting the crimes defined in subdivisions one and two
    34  of section 125.25 (murder in the second degree) and in subdivision three
    35  of such section provided that the underlying crime for the murder charge
    36  is one for which such person is criminally responsible;  section  135.25
    37  (kidnapping  in  the  first degree); 150.20 (arson in the first degree);
    38  subdivisions one and  two  of  section  120.10  (assault  in  the  first
    39  degree);  125.20  (manslaughter  in the first degree); [subdivisions one
    40  and] paragraphs (a) and (b) of subdivision one, paragraphs (a)  and  (b)
    41  of  subdivision  two, and paragraphs (a) and (b) of subdivision three of
    42  section 130.35 (rape in the first degree); [subdivisions one and two  of
    43  section  130.50  (criminal  sexual  act  in  the  first degree);] 130.70
    44  (aggravated sexual abuse in the first degree); 140.30 (burglary  in  the
    45  first degree); subdivision one of section 140.25 (burglary in the second
    46  degree);  150.15  (arson  in  the second degree); 160.15 (robbery in the
    47  first degree); subdivision two of section 160.10 (robbery in the  second
    48  degree)  of  this chapter; or section 265.03 of this chapter, where such
    49  machine gun or such firearm is possessed  on  school  grounds,  as  that
    50  phrase  is  defined  in  subdivision  fourteen of section 220.00 of this
    51  chapter; or defined in this chapter as an attempt to  commit  murder  in
    52  the  second degree or kidnapping in the first degree, or such conduct as
    53  a sexually motivated felony, where authorized pursuant to section 130.91
    54  of [the penal law] this chapter.
    55    § 7. Subdivision 2 of section 30.00 of the penal law,  as  amended  by
    56  chapter 7 of the laws of 2007, is amended to read as follows:
        A. 4959--B                          4
 
     1    2.  A  person thirteen, fourteen or fifteen years of age is criminally
     2  responsible for acts constituting murder in the second degree as defined
     3  in subdivisions one and two of section 125.25 and in  subdivision  three
     4  of such section provided that the underlying crime for the murder charge
     5  is  one  for  which  such  person  is criminally responsible or for such
     6  conduct as a sexually motivated felony,  where  authorized  pursuant  to
     7  section  130.91  [of  the  penal  law]; and a person fourteen or fifteen
     8  years of age is criminally responsible for acts constituting the  crimes
     9  defined  in  section  135.25  (kidnapping  in  the first degree); 150.20
    10  (arson in the first degree); subdivisions one and two of section  120.10
    11  (assault  in  the  first  degree);  125.20  (manslaughter  in  the first
    12  degree); [subdivisions one and] paragraphs (a) and  (b)  of  subdivision
    13  one,  paragraphs  (a) and (b) of subdivision two, and paragraphs (a) and
    14  (b) of subdivision three of section 130.35 (rape in the  first  degree);
    15  [subdivisions  one and two of section 130.50 (criminal sexual act in the
    16  first degree); 130.70 (aggravated sexual abuse in  the  first  degree);]
    17  140.30 (burglary in the first degree); subdivision one of section 140.25
    18  (burglary  in  the  second degree); 150.15 (arson in the second degree);
    19  160.15 (robbery in the first degree); subdivision two of section  160.10
    20  (robbery  in  the  second  degree) of this chapter; or section 265.03 of
    21  this chapter, where such machine gun or such  firearm  is  possessed  on
    22  school  grounds,  as  that  phrase is defined in subdivision fourteen of
    23  section 220.00 of this chapter; or defined in this chapter as an attempt
    24  to commit murder in the second degree or kidnapping in the first degree,
    25  or for such conduct as a sexually  motivated  felony,  where  authorized
    26  pursuant to section 130.91 of [the penal law] this chapter.
    27    § 8. Paragraph (b) of subdivision 2 of section 35.15 of the penal law,
    28  as  amended  by  chapter  511 of the laws of 2004, is amended to read as
    29  follows:
    30    (b) He or she reasonably believes that such other person is committing
    31  or attempting to commit a kidnapping, forcible rape, [forcible  criminal
    32  sexual act] forcible aggravated sexual abuse, or robbery; or
    33    §  9.  Paragraphs (a) and (c) of subdivision 1 of section 70.02 of the
    34  penal law, paragraph (a) as amended by chapter 320 of the laws  of  2006
    35  and  paragraph  (c)  as  amended  by  chapter 1 of the laws of 2013, are
    36  amended to read as follows:
    37    (a) Class B violent felony offenses: an attempt to  commit  the  class
    38  A-I  felonies  of  murder  in  the  second  degree as defined in section
    39  125.25, kidnapping in the first degree as defined in section 135.25, and
    40  arson in the first degree as defined in section 150.20; manslaughter  in
    41  the  first  degree as defined in section 125.20, aggravated manslaughter
    42  in the first degree as defined in section  125.22,  rape  in  the  first
    43  degree  as  defined in section 130.35, [criminal sexual act in the first
    44  degree as defined in section 130.50,] aggravated  sexual  abuse  in  the
    45  first  degree  as  defined  in  section 130.70, course of sexual conduct
    46  against a child in the  first  degree  as  defined  in  section  130.75;
    47  assault  in the first degree as defined in section 120.10, kidnapping in
    48  the second degree as defined in section 135.20, burglary  in  the  first
    49  degree  as  defined  in  section  140.30,  arson in the second degree as
    50  defined in section 150.15, robbery in the first  degree  as  defined  in
    51  section 160.15, incest in the first degree as defined in section 255.27,
    52  criminal  possession  of  a  weapon  in  the  first degree as defined in
    53  section 265.04, criminal use of a firearm in the first degree as defined
    54  in section 265.09, criminal sale of a firearm in  the  first  degree  as
    55  defined in section 265.13, aggravated assault upon a police officer or a
    56  peace  officer  as  defined in section 120.11, gang assault in the first
        A. 4959--B                          5
 
     1  degree as defined in section 120.07, intimidating a victim or witness in
     2  the first degree as defined in section 215.17, hindering prosecution  of
     3  terrorism  in  the  first  degree as defined in section 490.35, criminal
     4  possession  of  a  chemical  weapon  or  biological weapon in the second
     5  degree as defined in section 490.40, and  criminal  use  of  a  chemical
     6  weapon  or  biological  weapon in the third degree as defined in section
     7  490.47.
     8    (c) Class D violent felony offenses: an attempt to commit any  of  the
     9  class C felonies set forth in paragraph (b); reckless assault of a child
    10  as defined in section 120.02, assault in the second degree as defined in
    11  section 120.05, menacing a police officer or peace officer as defined in
    12  section  120.18, stalking in the first degree, as defined in subdivision
    13  one of section 120.60, strangulation in the second degree as defined  in
    14  section  121.12, rape in the second degree as defined in section 130.30,
    15  [criminal sexual act in the second degree as defined in section 130.45,]
    16  sexual abuse in the first degree as defined in section 130.65, course of
    17  sexual conduct against a child  in  the  second  degree  as  defined  in
    18  section  130.80,  aggravated sexual abuse in the third degree as defined
    19  in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
    20  substance  as defined in section 130.90, criminal possession of a weapon
    21  in the third degree as defined in subdivision five, six,  seven,  eight,
    22  nine  or  ten of section 265.02, criminal sale of a firearm in the third
    23  degree as defined in section 265.11, intimidating a victim or witness in
    24  the second degree as defined in section 215.16, soliciting or  providing
    25  support  for  an  act  of  terrorism  in the second degree as defined in
    26  section 490.10, and making a terroristic threat as  defined  in  section
    27  490.20,  falsely reporting an incident in the first degree as defined in
    28  section 240.60, placing a false bomb or hazardous substance in the first
    29  degree as defined in section 240.62, placing a false bomb  or  hazardous
    30  substance  in a sports stadium or arena, mass transportation facility or
    31  enclosed shopping mall as defined in section 240.63, [and] or aggravated
    32  unpermitted use of indoor pyrotechnics in the first degree as defined in
    33  section 405.18.
    34    § 9-a. Paragraphs (a) and (c) of subdivision 1 of section 70.02 of the
    35  penal law, as amended by chapter 368 of the laws of 2015, are amended to
    36  read as follows:
    37    (a) Class B violent felony offenses: an attempt to  commit  the  class
    38  A-I  felonies  of  murder  in  the  second  degree as defined in section
    39  125.25, kidnapping in the first degree as defined in section 135.25, and
    40  arson in the first degree as defined in section 150.20; manslaughter  in
    41  the  first  degree as defined in section 125.20, aggravated manslaughter
    42  in the first degree as defined in section  125.22,  rape  in  the  first
    43  degree  as  defined in section 130.35, [criminal sexual act in the first
    44  degree as defined in section 130.50,] aggravated  sexual  abuse  in  the
    45  first  degree  as  defined  in  section 130.70, course of sexual conduct
    46  against a child in the  first  degree  as  defined  in  section  130.75;
    47  assault  in the first degree as defined in section 120.10, kidnapping in
    48  the second degree as defined in section 135.20, burglary  in  the  first
    49  degree  as  defined  in  section  140.30,  arson in the second degree as
    50  defined in section 150.15, robbery in the first  degree  as  defined  in
    51  section  160.15, sex trafficking as defined in paragraphs (a) and (b) of
    52  subdivision five of section  230.34,  incest  in  the  first  degree  as
    53  defined  in section 255.27, criminal possession of a weapon in the first
    54  degree as defined in section 265.04, criminal use of a  firearm  in  the
    55  first degree as defined in section 265.09, criminal sale of a firearm in
    56  the first degree as defined in section 265.13, aggravated assault upon a
        A. 4959--B                          6
 
     1  police  officer  or  a  peace officer as defined in section 120.11, gang
     2  assault in the first degree as defined in section 120.07, intimidating a
     3  victim or witness in the first degree  as  defined  in  section  215.17,
     4  hindering  prosecution  of  terrorism  in the first degree as defined in
     5  section 490.35, criminal possession of a chemical weapon  or  biological
     6  weapon  in  the second degree as defined in section 490.40, and criminal
     7  use of a chemical weapon or biological weapon in  the  third  degree  as
     8  defined in section 490.47.
     9    (c)  Class  D violent felony offenses: an attempt to commit any of the
    10  class C felonies set forth in paragraph (b); reckless assault of a child
    11  as defined in section 120.02, assault in the second degree as defined in
    12  section 120.05, menacing a police officer or peace officer as defined in
    13  section 120.18, stalking in the first degree, as defined in  subdivision
    14  one  of section 120.60, strangulation in the second degree as defined in
    15  section 121.12, rape in the second degree as defined in section  130.30,
    16  [criminal sexual act in the second degree as defined in section 130.45,]
    17  sexual abuse in the first degree as defined in section 130.65, course of
    18  sexual  conduct  against  a  child  in  the  second degree as defined in
    19  section 130.80, aggravated sexual abuse in the third degree  as  defined
    20  in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
    21  substance as defined in section 130.90, labor trafficking as defined  in
    22  paragraphs  (a) and (b) of subdivision three of section 135.35, criminal
    23  possession of a weapon in the third degree  as  defined  in  subdivision
    24  five, six, seven, eight, nine or ten of section 265.02, criminal sale of
    25  a firearm in the third degree as defined in section 265.11, intimidating
    26  a  victim  or witness in the second degree as defined in section 215.16,
    27  soliciting or providing support for an act of terrorism  in  the  second
    28  degree  as defined in section 490.10, and making a terroristic threat as
    29  defined in section 490.20, falsely reporting an incident  in  the  first
    30  degree  as  defined in section 240.60, placing a false bomb or hazardous
    31  substance in the first degree as defined in section  240.62,  placing  a
    32  false  bomb  or  hazardous  substance in a sports stadium or arena, mass
    33  transportation facility or enclosed shopping mall as defined in  section
    34  240.63,  and  aggravated  unpermitted  use of indoor pyrotechnics in the
    35  first degree as defined in section 405.18.
    36    § 10. Paragraph b of subdivision 5 of section 120.40 of the penal law,
    37  as amended by chapter 320 of the laws of 2006, is  amended  to  read  as
    38  follows:
    39    b.  a  crime  defined  in  section  130.20,  130.25,  130.30, [130.40,
    40  130.45,] 130.55, 130.60, 130.70, 255.25, 255.26 or 255.27;
    41    § 11. Paragraph (d) of subdivision 2 and paragraph (h) of  subdivision
    42  3  of section 130.05 of the penal law, paragraph (d) of subdivision 2 as
    43  amended by chapter 40 of the laws of 2004 and paragraph (h) of  subdivi-
    44  sion  3  as amended by section 2 of part G of chapter 501 of the laws of
    45  2012, are amended to read as follows:
    46    (d) Where the offense charged is rape in the third degree  as  defined
    47  in  [subdivision  three]  subdivisions  seven, eight and nine of section
    48  130.25, [or criminal sexual act in the third degree as defined in subdi-
    49  vision three of section 130.40,] in  addition  to  forcible  compulsion,
    50  circumstances  under  which, at the time of the act of intercourse, oral
    51  sexual conduct or anal sexual conduct, the victim clearly expressed that
    52  he or she did not consent to engage in such act, and a reasonable person
    53  in the actor's situation would have understood such person's  words  and
    54  acts  as  an  expression  of  lack  of consent to such act under all the
    55  circumstances.
        A. 4959--B                          7
 
     1    (h) a client or patient and the actor is a  health  care  provider  or
     2  mental  health  care  provider  charged with rape in the third degree as
     3  defined in section 130.25, [criminal sexual act in the third  degree  as
     4  defined in section 130.40,] aggravated sexual abuse in the fourth degree
     5  as  defined  in section 130.65-a, or sexual abuse in the third degree as
     6  defined in section 130.55, and the act of sexual conduct occurs during a
     7  treatment session, consultation, interview, or examination; or
     8    § 12. The opening paragraph of subdivision 3 of section 125.25 of  the
     9  penal  law, as amended by chapter 264 of the laws of 2003, is amended to
    10  read as follows:
    11    Acting either alone or with one or more other persons, he  commits  or
    12  attempts  to  commit  robbery,  burglary, kidnapping, arson, rape in the
    13  first degree, [criminal sexual act in the first degree,] sexual abuse in
    14  the first degree, aggravated sexual abuse, escape in the  first  degree,
    15  or escape in the second degree, and, in the course of and in furtherance
    16  of  such  crime or of immediate flight therefrom, he, or another partic-
    17  ipant, if there be any, causes the death of a person other than  one  of
    18  the participants; except that in any prosecution under this subdivision,
    19  in  which  the  defendant was not the only participant in the underlying
    20  crime, it is an affirmative defense that the defendant:
    21    § 13. Subdivision 5 of section 125.25 of the penal law, as amended  by
    22  chapter 320 of the laws of 2006, is amended to read as follows:
    23    5. Being eighteen years old or more, while in the course of committing
    24  rape  in  the first, second or third degree, [criminal sexual act in the
    25  first, second or third degree,] sexual abuse in the first degree, aggra-
    26  vated sexual abuse in the first, second,  third  or  fourth  degree,  or
    27  incest  in the first, second or third degree, against a person less than
    28  fourteen years old, he or she intentionally causes  the  death  of  such
    29  person.
    30    §  14. Subparagraph (vii) of paragraph (a) of subdivision 1 of section
    31  125.27 of the penal law, as amended by chapter 264 of the laws of  2003,
    32  is amended to read as follows:
    33    (vii)  the  victim was killed while the defendant was in the course of
    34  committing or attempting  to  commit  and  in  furtherance  of  robbery,
    35  burglary  in  the first degree or second degree, kidnapping in the first
    36  degree, arson in the first degree or second degree, rape  in  the  first
    37  degree,  [criminal  sexual act in the first degree,] sexual abuse in the
    38  first degree, aggravated sexual abuse in the first degree or  escape  in
    39  the  first  degree,  or  in  the  course of and furtherance of immediate
    40  flight after committing or attempting to commit any such crime or in the
    41  course of and furtherance of immediate flight after attempting to commit
    42  the crime of murder in the second degree; provided however,  the  victim
    43  is  not  a participant in one of the aforementioned crimes and, provided
    44  further that, unless  the  defendant's  criminal  liability  under  this
    45  subparagraph is based upon the defendant having commanded another person
    46  to  cause the death of the victim or intended victim pursuant to section
    47  20.00 of this chapter, this  subparagraph  shall  not  apply  where  the
    48  defendant's  criminal  liability  is  based  upon the conduct of another
    49  pursuant to section 20.00 of this chapter; or
    50    § 15. Subdivision 3 of section 130.10 of the penal law, as amended  by
    51  chapter 264 of the laws of 2003, is amended to read as follows:
    52    3.  In  any  prosecution  for the crime of rape in the third degree as
    53  defined in section 130.25, [criminal sexual act in the third  degree  as
    54  defined in section 130.40,] aggravated sexual abuse in the fourth degree
    55  as  defined  in section 130.65-a, or sexual abuse in the third degree as
    56  defined in section 130.55 in which incapacity to consent is based on the
        A. 4959--B                          8
 
     1  circumstances set forth in paragraph (h) of subdivision three of section
     2  130.05 of this article it shall  be  an  affirmative  defense  that  the
     3  client  or  patient  consented to such conduct charged after having been
     4  expressly advised by the health care or mental health care provider that
     5  such conduct was not performed for a valid medical purpose.
     6    § 16. The opening paragraph and subdivision 2 of section 130.95 of the
     7  penal  law,  as added by chapter 107 of the laws of 2006, are amended to
     8  read as follows:
     9    A person is guilty of predatory sexual assault when he or she  commits
    10  the crime of rape in the first degree, [criminal sexual act in the first
    11  degree,] aggravated sexual abuse in the first degree, or course of sexu-
    12  al conduct against a child in the first degree, as defined in this arti-
    13  cle, and when:
    14    2.  He or she has engaged in conduct constituting the crime of rape in
    15  the first degree, [criminal sexual act in the first degree,]  aggravated
    16  sexual  abuse in the first degree, or course of sexual conduct against a
    17  child in the first degree, as defined in this article,  against  one  or
    18  more additional persons; or
    19    §  17.  The  opening  paragraph of section 130.96 of the penal law, as
    20  added by chapter 107 of the laws of 2006, is amended to read as follows:
    21    A person is guilty of predatory sexual assault against a  child  when,
    22  being eighteen years old or more, he or she commits the crime of rape in
    23  the  first degree, [criminal sexual act in the first degree,] aggravated
    24  sexual abuse in the first degree, or course of sexual conduct against  a
    25  child in the first degree, as defined in this article, and the victim is
    26  less than thirteen years old.
    27    §  18.  Subdivision  2 of section 240.75 of the penal law, as added by
    28  section 2 of part D of chapter 491 of the laws of 2012,  is  amended  to
    29  read as follows:
    30    2.  A  "specified  offense"  is  an  offense defined in section 120.00
    31  (assault in the third degree); section 120.05  (assault  in  the  second
    32  degree);  section  120.10  (assault in the first degree); section 120.13
    33  (menacing in the first degree); section 120.14 (menacing in  the  second
    34  degree);  section  120.15 (menacing in the third degree); section 120.20
    35  (reckless endangerment in the second degree); section  120.25  (reckless
    36  endangerment  in  the  first  degree);  section  120.45 (stalking in the
    37  fourth degree); section 120.50 (stalking in the third  degree);  section
    38  120.55  (stalking in the second degree); section 120.60 (stalking in the
    39  first degree); section 121.11  (criminal  obstruction  of  breathing  or
    40  blood circulation); section 121.12 (strangulation in the second degree);
    41  section  121.13  (strangulation in the first degree); subdivision one of
    42  section 125.15 (manslaughter in the second degree); subdivision one, two
    43  or four of section 125.20 (manslaughter in the  first  degree);  section
    44  125.25  (murder  in  the  second degree); section 130.20 (sexual miscon-
    45  duct); section 130.25 (rape in the third degree); section  130.30  (rape
    46  in  the  second  degree);  section  130.35  (rape  in the first degree);
    47  [section 130.40 (criminal sexual  act  in  the  third  degree);  section
    48  130.45 (criminal sexual act in the second degree); section 130.50 (crim-
    49  inal  sexual  act in the first degree);] section 130.52 (forcible touch-
    50  ing); section 130.53 (persistent sexual abuse); section  130.55  (sexual
    51  abuse  in  the third degree); section 130.60 (sexual abuse in the second
    52  degree); section 130.65 (sexual abuse  in  the  first  degree);  section
    53  130.66  (aggravated  sexual  abuse  in the third degree); section 130.67
    54  (aggravated sexual abuse in the second degree); section  130.70  (aggra-
    55  vated  sexual abuse in the first degree); section 130.91 (sexually moti-
    56  vated felony); section 130.95 (predatory sexual assault); section 130.96
        A. 4959--B                          9
 
     1  (predatory sexual assault against a  child);  section  135.05  (unlawful
     2  imprisonment  in  the second degree); section 135.10 (unlawful imprison-
     3  ment in the first  degree);  section  135.60  (coercion  in  the  second
     4  degree);  section  135.65 (coercion in the first degree); section 140.20
     5  (burglary in the third degree); section 140.25 (burglary in  the  second
     6  degree);  section  140.30 (burglary in the first degree); section 145.00
     7  (criminal mischief in  the  fourth  degree);  section  145.05  (criminal
     8  mischief  in the third degree); section 145.10 (criminal mischief in the
     9  second degree); section 145.12 (criminal mischief in the first  degree);
    10  section  145.14 (criminal tampering in the third degree); section 215.50
    11  (criminal contempt in  the  second  degree);  section  215.51  (criminal
    12  contempt  in  the  first  degree);  section  215.52 (aggravated criminal
    13  contempt); section 240.25 (harassment in the first degree);  subdivision
    14  one,  two or four of section 240.30 (aggravated harassment in the second
    15  degree); aggravated family offense as defined in  this  section  or  any
    16  attempt  or conspiracy to commit any of the foregoing offenses where the
    17  defendant and the person against whom the  offense  was  committed  were
    18  members of the same family or household as defined in subdivision one of
    19  section 530.11 of the criminal procedure law.
    20    §  19. Section 255.26 of the penal law, as added by chapter 320 of the
    21  laws of 2006, is amended to read as follows:
    22  § 255.26 Incest in the second degree.
    23    A person is guilty of incest in the  second  degree  when  he  or  she
    24  commits  the  crime  of rape in the second degree, as defined in section
    25  130.30 of this part, [or criminal sexual act in the  second  degree,  as
    26  defined in section 130.45 of this part,] against a person whom he or she
    27  knows  to  be related to him or her, whether through marriage or not, as
    28  an ancestor, descendant, brother or sister of either the  whole  or  the
    29  half blood, uncle, aunt, nephew or niece.
    30    Incest in the second degree is a class D felony.
    31    §  20. Section 255.27 of the penal law, as added by chapter 320 of the
    32  laws of 2006, is amended to read as follows:
    33  § 255.27 Incest in the first degree.
    34    A person is guilty of incest in  the  first  degree  when  he  or  she
    35  commits  the  crime of rape in the first degree, as defined in paragraph
    36  (c) or (d) of subdivision [three or four] one, paragraph (c) or  (d)  of
    37  subdivision two and paragraph (c) or (d) of subdivision three of section
    38  130.35  of  this  part[,  or criminal sexual act in the first degree, as
    39  defined in subdivision three or four of section 130.50  of  this  part,]
    40  against  a  person  whom  he  or  she knows to be related to him or her,
    41  whether through marriage or not, as an ancestor, descendant, brother  or
    42  sister of either the whole or half blood, uncle, aunt, nephew or niece.
    43    Incest in the first degree is a class B felony.
    44    §  21. Subdivision 3 of section 485.05 of the penal law, as amended by
    45  chapter 405 of the laws of 2010, is amended to read as follows:
    46    3. A "specified offense" is an offense defined by any of the following
    47  provisions of  this  chapter:  section  120.00  (assault  in  the  third
    48  degree);  section  120.05 (assault in the second degree); section 120.10
    49  (assault in the first degree); section 120.12 (aggravated assault upon a
    50  person less than eleven years old);  section  120.13  (menacing  in  the
    51  first  degree);  section 120.14 (menacing in the second degree); section
    52  120.15 (menacing in the third degree); section 120.20  (reckless  endan-
    53  germent  in the second degree); section 120.25 (reckless endangerment in
    54  the first degree); section 121.12 (strangulation in the second  degree);
    55  section  121.13  (strangulation in the first degree); subdivision one of
    56  section 125.15 (manslaughter in the second degree); subdivision one, two
        A. 4959--B                         10
 
     1  or four of section 125.20 (manslaughter in the  first  degree);  section
     2  125.25  (murder  in  the second degree); section 120.45 (stalking in the
     3  fourth degree); section 120.50 (stalking in the third  degree);  section
     4  120.55  (stalking in the second degree); section 120.60 (stalking in the
     5  first degree); paragraph (a) of subdivision one, paragraph (a) of subdi-
     6  vision two and paragraph (a) of  subdivision  three  of  section  130.35
     7  (rape in the first degree); [subdivision one of section 130.50 (criminal
     8  sexual  act  in  the  first  degree);] subdivision one of section 130.65
     9  (sexual abuse in the first degree); paragraph (a) of subdivision one  of
    10  section 130.67 (aggravated sexual abuse in the second degree); paragraph
    11  (a) of subdivision one of section 130.70 (aggravated sexual abuse in the
    12  first  degree);  section  135.05  (unlawful  imprisonment  in the second
    13  degree); section 135.10 (unlawful imprisonment  in  the  first  degree);
    14  section  135.20  (kidnapping  in  the  second  degree);  section  135.25
    15  (kidnapping in the first degree); section 135.60 (coercion in the second
    16  degree); section 135.65 (coercion in the first degree);  section  140.10
    17  (criminal  trespass in the third degree); section 140.15 (criminal tres-
    18  pass in the second degree); section 140.17  (criminal  trespass  in  the
    19  first  degree);  section  140.20 (burglary in the third degree); section
    20  140.25 (burglary in the second degree); section 140.30 (burglary in  the
    21  first  degree); section 145.00 (criminal mischief in the fourth degree);
    22  section 145.05 (criminal mischief in the third degree);  section  145.10
    23  (criminal  mischief  in  the  second  degree);  section 145.12 (criminal
    24  mischief in the first degree);  section  150.05  (arson  in  the  fourth
    25  degree);  section  150.10  (arson  in  the third degree); section 150.15
    26  (arson in the  second  degree);  section  150.20  (arson  in  the  first
    27  degree);  section  155.25 (petit larceny); section 155.30 (grand larceny
    28  in the fourth degree);  section  155.35  (grand  larceny  in  the  third
    29  degree);  section  155.40  (grand larceny in the second degree); section
    30  155.42 (grand larceny in the first degree); section 160.05  (robbery  in
    31  the  third  degree);  section  160.10  (robbery  in  the second degree);
    32  section 160.15 (robbery in the first degree); section 240.25 (harassment
    33  in the first degree); subdivision one, two or  four  of  section  240.30
    34  (aggravated harassment in the second degree); or any attempt or conspir-
    35  acy to commit any of the foregoing offenses.
    36    § 22. Subdivision 42 of section 1.20 of the criminal procedure law, as
    37  amended by chapter 7 of the laws of 2007, is amended to read as follows:
    38    42.  "Juvenile offender" means (1) a person, thirteen years old who is
    39  criminally responsible for acts constituting murder in the second degree
    40  as defined in subdivisions one and two of section 125.25  of  the  penal
    41  law,  or  such  conduct as a sexually motivated felony, where authorized
    42  pursuant to section 130.91 of the penal law; and (2) a  person  fourteen
    43  or fifteen years old who is criminally responsible for acts constituting
    44  the crimes defined in subdivisions one and two of section 125.25 (murder
    45  in  the second degree) and in subdivision three of such section provided
    46  that the underlying crime for the murder charge is one  for  which  such
    47  person  is  criminally  responsible;  section  135.25 (kidnapping in the
    48  first degree); 150.20 (arson in the first degree); subdivisions one  and
    49  two of section 120.10 (assault in the first degree); 125.20 (manslaught-
    50  er  in  the first degree); [subdivisions one and] paragraphs (a) and (b)
    51  of subdivision one, paragraphs (a) and (b) of subdivision two and  para-
    52  graphs  (a)  and (b) of subdivision three of section 130.35 (rape in the
    53  first degree); [subdivisions one and two  of  section  130.50  (criminal
    54  sexual act in the first degree);] 130.70 (aggravated sexual abuse in the
    55  first degree); 140.30 (burglary in the first degree); subdivision one of
    56  section  140.25  (burglary  in  the second degree); 150.15 (arson in the
        A. 4959--B                         11
 
     1  second degree); 160.15 (robbery in the first degree); subdivision two of
     2  section 160.10 (robbery in the second  degree)  of  the  penal  law;  or
     3  section  265.03 of the penal law, where such machine gun or such firearm
     4  is possessed on school grounds, as that phrase is defined in subdivision
     5  fourteen of section 220.00 of the penal law; or defined in the penal law
     6  as an attempt to commit murder in the second degree or kidnapping in the
     7  first  degree,  or  such  conduct  as a sexually motivated felony, where
     8  authorized pursuant to section 130.91 of the penal law.
     9    § 23. Paragraphs (a) and (b) of subdivision 1, the  opening  paragraph
    10  of subdivision 2 and paragraph (a) of subdivision 3 of section 140.20 of
    11  the  criminal  procedure law, paragraphs (a) and (b) of subdivision 1 as
    12  amended by chapter 324 of the laws of 1988,  the  opening  paragraph  of
    13  subdivision  2  and paragraph (a) of subdivision 3 as amended by chapter
    14  550 of the laws of 1987, are amended to read as follows:
    15    (a) If the arrest is for an offense other than a class A, B,  C  or  D
    16  felony  or  a  violation  of  section  130.25, [130.40,] 205.10, 205.17,
    17  205.19 or 215.56 of the penal law committed in a  town,  but  not  in  a
    18  village  thereof having a village court, and the town court of such town
    19  is not available at the time, the arrested person may be brought  before
    20  the local criminal court of any village within such town or, any adjoin-
    21  ing  town,  village embraced in whole or in part by such adjoining town,
    22  or city of the same county; and
    23    (b) If the arrest is for an offense other than a class A, B,  C  or  D
    24  felony  or  a  violation  of  section  130.25, [130.40,] 205.10, 205.17,
    25  205.19 or 215.56 of the penal  law  committed  in  a  village  having  a
    26  village  court and such court is not available at the time, the arrested
    27  person may be brought before the town court of the town  embracing  such
    28  village or any other village court within such town, or, if such town or
    29  village  court  is not available either, before the local criminal court
    30  of any adjoining town, village embraced in whole  or  in  part  by  such
    31  adjoining town, or city of the same county; and
    32    If the arrest is for an offense other than a class A, B, C or D felony
    33  or  a  violation  of section 130.25, [130.40,] 205.10, 205.17, 205.19 or
    34  215.56 of the penal law, the arrested person need not be brought  before
    35  a local criminal court as provided in subdivision one, and the procedure
    36  may instead be as follows:
    37    (a) the arrest is for an offense other than a class A, B, C or D felo-
    38  ny or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or
    39  215.56 of the penal law, and
    40    §  24.  Paragraph  (a)  of  subdivision 3 and the opening paragraph of
    41  subdivision 4 of section  140.27  of  the  criminal  procedure  law,  as
    42  amended  by  chapter  550  of  the  laws of 1987, are amended to read as
    43  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    If the arrest is for an offense other than a class A, B, C or D felony
    48  or a violation of section 130.25, [130.40,] 205.10,  205.17,  205.19  or
    49  215.56  of the penal law, the arrested person need not be brought before
    50  a local criminal court as provided in subdivision two, and the procedure
    51  may instead be as follows:
    52    § 25. Paragraph (a) of subdivision 2  and  the  opening  paragraph  of
    53  subdivision  3  of  section  140.40  of  the  criminal procedure law, as
    54  amended by chapter 550 of the laws of  1987,  are  amended  to  read  as
    55  follows:
        A. 4959--B                         12
 
     1    (a) the arrest is for an offense other than a class A, B, C or D felo-
     2  ny or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or
     3  215.56 of the penal law and
     4    If the arrest is for an offense other than a class A, B, C or D felony
     5  or  a  violation  of section 130.25, [130.40,] 205.10, 205.17, 205.19 or
     6  215.56 of the penal law, the arrested person need not be brought  before
     7  a  local  criminal court, as provided in subdivision one, and the proce-
     8  dure may instead be as follows:
     9    § 26. Section 150.20 of the criminal procedure law, subdivisions 1,  2
    10  and  3 as amended by chapter 550 of the laws of 1987, is amended to read
    11  as follows:
    12  § 150.20 Appearance ticket; when and by whom issuable.
    13    1. Whenever a police officer is authorized pursuant to section  140.10
    14  to  arrest  a person without a warrant for an offense other than a class
    15  A, B, C or D felony or a violation of section 130.25, [130.40,]  205.10,
    16  205.17,  205.19  or  215.56  of  the  penal  law, he may, subject to the
    17  provisions of subdivisions three and four  of  section  150.40,  instead
    18  issue to and serve upon such person an appearance ticket.
    19    2.  (a)    Whenever  a  police officer has arrested a person without a
    20  warrant for an offense other than a class A, B,  C  or  D  felony  or  a
    21  violation  of section 130.25, [130.40,] 205.10, 205.17, 205.19 or 215.56
    22  of the penal law pursuant to section 140.10,   or (b) whenever  a  peace
    23  officer, who is not authorized by law to issue an appearance ticket, has
    24  arrested  a person for an offense other than a class A, B, C or D felony
    25  or a violation of section 130.25, [130.40,] 205.10,  205.17,  205.19  or
    26  215.56  of the penal law pursuant to section 140.25, and has requested a
    27  police officer to issue and serve upon such arrested person  an  appear-
    28  ance ticket pursuant to subdivision four of section 140.27, or (c) when-
    29  ever  a person has been arrested for an offense other than a class A, B,
    30  C or D felony or  a  violation  of  section  130.25,  [130.40,]  205.10,
    31  205.17,  205.19 or 215.56 of the penal law and has been delivered to the
    32  custody of an appropriate police officer  pursuant  to  section  140.40,
    33  such  police officer may, instead of bringing such person before a local
    34  criminal court and promptly filing or causing the arresting peace  offi-
    35  cer  or  arresting  person  to  file  a  local criminal court accusatory
    36  instrument therewith, issue to and serve upon such person an  appearance
    37  ticket.    The  issuance  and service of an appearance ticket under such
    38  circumstances may be conditioned upon a deposit of pre-arraignment bail,
    39  as provided in section 150.30.
    40    3. A public servant other than a  police  officer,  who  is  specially
    41  authorized  by state law or local law enacted pursuant to the provisions
    42  of the municipal home rule law to issue  and  serve  appearance  tickets
    43  with  respect to designated offenses other than class A, B, C or D felo-
    44  nies or violations of section 130.25, [130.40,] 205.10,  205.17,  205.19
    45  or  215.56  of  the  penal law, may in such cases issue and serve upon a
    46  person an appearance ticket when he has reasonable cause to believe that
    47  such person has committed a crime, or has committed a petty  offense  in
    48  his presence.
    49    §  27.  Subdivision 4 of section 180.75 of the criminal procedure law,
    50  as amended by chapter 264 of the laws of 2003, is  amended  to  read  as
    51  follows:
    52    4.  Notwithstanding  the  provisions  of subdivisions two and three of
    53  this section, a local criminal  court  shall,  at  the  request  of  the
    54  district  attorney, order removal of an action against a juvenile offen-
    55  der to the family court pursuant to  the  provisions  of  article  seven
    56  hundred twenty-five of this chapter if, upon consideration of the crite-
        A. 4959--B                         13
 
     1  ria  specified  in subdivision two of section 210.43 of this chapter, it
     2  is determined that to do so  would  be  in  the  interests  of  justice.
     3  Where,  however, the felony complaint charges the juvenile offender with
     4  murder  in  the  second degree as defined in section 125.25 of the penal
     5  law, rape in the first degree as defined in paragraph (a) of subdivision
     6  one, paragraph (a) of subdivision two or paragraph  (a)  of  subdivision
     7  three  of  section  130.35 of the penal law, [criminal sexual act in the
     8  first degree as defined in subdivision one  of  section  130.50  of  the
     9  penal  law,]  or an armed felony as defined in paragraph (a) of subdivi-
    10  sion forty-one of section 1.20 of this  chapter,  a  determination  that
    11  such  action be removed to the family court shall, in addition, be based
    12  upon a finding of one or more of the following factors:  (i)  mitigating
    13  circumstances  that bear directly upon the manner in which the crime was
    14  committed; or (ii) where the defendant was not the sole  participant  in
    15  the  crime,  the defendant's participation was relatively minor although
    16  not so minor as to constitute a defense to  the  prosecution;  or  (iii)
    17  possible deficiencies in proof of the crime.
    18    § 28. Subdivision (a) of section 190.71 of the criminal procedure law,
    19  as  amended  by  chapter  7  of  the laws of 2007, is amended to read as
    20  follows:
    21    (a) Except as provided in subdivision six of section  200.20  of  this
    22  chapter,  a grand jury may not indict (i) a person thirteen years of age
    23  for any conduct or crime other than conduct constituting a crime defined
    24  in subdivisions one and two of section  125.25  (murder  in  the  second
    25  degree) or such conduct as a sexually motivated felony, where authorized
    26  pursuant  to  section 130.91 of the penal law; (ii) a person fourteen or
    27  fifteen years of age for any conduct or crime other than conduct consti-
    28  tuting a crime defined in subdivisions one and  two  of  section  125.25
    29  (murder  in  the second degree) and in subdivision three of such section
    30  provided that the underlying crime for the  murder  charge  is  one  for
    31  which  such  person is criminally responsible; 135.25 (kidnapping in the
    32  first degree); 150.20 (arson in the first degree); subdivisions one  and
    33  two of section 120.10 (assault in the first degree); 125.20 (manslaught-
    34  er  in  the first degree); [subdivisions one and] paragraphs (a) and (b)
    35  of subdivision one, paragraphs (a) and (b) of subdivision two and  para-
    36  graphs  (a)  and (b) of subdivision three of section 130.35 (rape in the
    37  first degree); [subdivisions one and two  of  section  130.50  (criminal
    38  sexual act in the first degree);] 130.70 (aggravated sexual abuse in the
    39  first degree); 140.30 (burglary in the first degree); subdivision one of
    40  section  140.25  (burglary  in  the second degree); 150.15 (arson in the
    41  second degree); 160.15 (robbery in the first degree); subdivision two of
    42  section 160.10 (robbery in the second degree) of the penal law;  [subdi-
    43  vision  four  of  section 265.02 of the penal law, where such firearm is
    44  possessed on school grounds, as that phrase is  defined  in  subdivision
    45  fourteen  of  section 220.00 of the penal law;] or section 265.03 of the
    46  penal law, where such machine gun or such firearm is possessed on school
    47  grounds, as that phrase is defined in subdivision  fourteen  of  section
    48  220.00  of  the  penal law; or defined in the penal law as an attempt to
    49  commit murder in the second degree or kidnapping in the first degree, or
    50  such conduct as a sexually motivated felony, where  authorized  pursuant
    51  to section 130.91 of the penal law.
    52    § 29. Paragraph (b) of subdivision 1 of section 210.43 of the criminal
    53  procedure law, as amended by chapter 264 of the laws of 2003, is amended
    54  to read as follows:
    55    (b)  with  the  consent  of the district attorney, order removal of an
    56  action involving an indictment charging a juvenile offender with  murder
        A. 4959--B                         14
 
     1  in the second degree as defined in section 125.25 of the penal law; rape
     2  in  the  first  degree,  as defined in paragraph (a) of subdivision one,
     3  paragraph (a) of subdivision two and paragraph (a) of subdivision  three
     4  of  section  130.35  of the penal law; [criminal sexual act in the first
     5  degree, as defined in subdivision one of section  130.50  of  the  penal
     6  law;]  or  an  armed  felony  as defined in paragraph (a) of subdivision
     7  forty-one  of  section  1.20,  to  the  family  court  pursuant  to  the
     8  provisions  of  article seven hundred twenty-five of this chapter if the
     9  court finds one or more of the following factors: (i) mitigating circum-
    10  stances that bear directly upon  the  manner  in  which  the  crime  was
    11  committed;  (ii) where the defendant was not the sole participant in the
    12  crime, the defendant's participation was relatively minor  although  not
    13  so  minor as to constitute a defense to the prosecution; or (iii) possi-
    14  ble deficiencies in the proof of the crime, and, after consideration  of
    15  the  factors  set  forth  in  subdivision two of this section, the court
    16  determined that removal of the action to the family court  would  be  in
    17  the interests of justice.
    18    §  30. Subparagraph (iii) of paragraph (g) of subdivision 5 of section
    19  220.10 of the criminal procedure law, as amended by chapter 264  of  the
    20  laws of 2003, is amended to read as follows:
    21    (iii)  Where  the  indictment  does  not  charge  a crime specified in
    22  subparagraph (i) of this paragraph, the district attorney may  recommend
    23  removal  of the action to the family court. Upon making such recommenda-
    24  tion the district attorney shall submit a subscribed memorandum  setting
    25  forth:  (1) a recommendation that the interests of justice would best be
    26  served by removal of the action to the family  court;  and  (2)  if  the
    27  indictment  charges  a thirteen year old with the crime of murder in the
    28  second degree, or a fourteen or fifteen year old with the crimes of rape
    29  in the first degree as defined in  paragraph  (a)  of  subdivision  one,
    30  paragraph  (a) of subdivision two and paragraph (a) of subdivision three
    31  of section 130.35 of the penal law, [or criminal sexual act in the first
    32  degree as defined in subdivision one of  section  130.50  of  the  penal
    33  law,]  or  an  armed  felony  as defined in paragraph (a) of subdivision
    34  forty-one of section 1.20 of this chapter specific factors, one or  more
    35  of which reasonably supports the recommendation, showing, (i) mitigating
    36  circumstances  that bear directly upon the manner in which the crime was
    37  committed, or (ii) where the defendant was not the sole  participant  in
    38  the  crime,  that  the  defendant's  participation  was relatively minor
    39  although not so minor as to constitute a defense to the prosecution,  or
    40  (iii)  possible  deficiencies  in  proof of the crime, or (iv) where the
    41  juvenile offender has no previous adjudications of  having  committed  a
    42  designated  felony act, as defined in subdivision eight of section 301.2
    43  of the family court act, regardless of the age of the  offender  at  the
    44  time  of  commission of the act, that the criminal act was not part of a
    45  pattern of criminal behavior and, in view of the history of  the  offen-
    46  der, is not likely to be repeated.
    47    §  31.  Subdivision 6 of section 300.50 of the criminal procedure law,
    48  as amended by chapter 264 of the laws of 2003, is  amended  to  read  as
    49  follows:
    50    6.  For  purposes  of  this section, the offenses of rape in the third
    51  degree as defined in [subdivision three] subdivisions seven,  eight  and
    52  nine  of section 130.25 of the penal law [and criminal sexual act in the
    53  third degree as defined in subdivision three of section  130.40  of  the
    54  penal  law],  are  not  lesser  included  offenses  of rape in the first
    55  degree[, criminal sexual act in the first degree] or any other  offense.
    56  Notwithstanding the foregoing, either such offense may be submitted as a
        A. 4959--B                         15
 
     1  lesser  included offense of the applicable first degree offense when (i)
     2  there is a reasonable view of the evidence which would support a finding
     3  that the defendant committed such lesser offense but did not commit  the
     4  greater offense, and (ii) both parties consent to its submission.
     5    §  32.  Subdivision 6 of section 380.50 of the criminal procedure law,
     6  as amended by chapter 394 of the laws of 2015, is  amended  to  read  as
     7  follows:
     8    6.  Regardless of whether the victim requests to make a statement with
     9  regard to the defendant's sentence, where the defendant is sentenced for
    10  a violent felony offense as defined in section 70.02 of the penal law or
    11  a felony defined in article one hundred twenty-five of such law  or  any
    12  of  the  following  provisions  of  such  law  sections  130.25, 130.30,
    13  [130.40, 130.45,] 255.25, 255.26, 255.27,  article  two  hundred  sixty-
    14  three, 135.10, 135.25, 230.05, 230.06, subdivision two of section 230.30
    15  or  230.32, the prosecutor shall, within sixty days of the imposition of
    16  sentence, provide the victim with a form, prepared  and  distributed  by
    17  the  commissioner  of  the  division  of  criminal  justice services, in
    18  consultation with the director of the  office  of  victim  services,  on
    19  which the victim may indicate a demand to be informed of any petition to
    20  change  the  name  of  such defendant. Such forms shall be maintained by
    21  such prosecutor. Upon receipt of a notice of a petition  to  change  the
    22  name  of  any  such  defendant,  pursuant  to subdivision two of section
    23  sixty-two of the civil rights law, the prosecutor shall promptly  notify
    24  the  victim  at the most current address or telephone number provided by
    25  such victim in the most reasonable and expedient possible manner of  the
    26  time and place such petition will be presented to the court.
    27    § 32-a. Subdivision 6 of section 380.50 of the criminal procedure law,
    28  as  separately  amended  by chapters 368 and 394 of the laws of 2015, is
    29  amended to read as follows:
    30    6. Regardless of whether the victim requests to make a statement  with
    31  regard to the defendant's sentence, where the defendant is sentenced for
    32  a violent felony offense as defined in section 70.02 of the penal law or
    33  a  felony  defined in article one hundred twenty-five of such law or any
    34  of the  following  provisions  of  such  law  sections  130.25,  130.30,
    35  [130.40,  130.45,]  255.25,  255.26,  255.27, article two hundred sixty-
    36  three, 135.10, 135.25, 230.05, 230.06, 230.11, 230.12, 230.13,  subdivi-
    37  sion two of section 230.30 or 230.32, the prosecutor shall, within sixty
    38  days  of  the  imposition  of  sentence, provide the victim with a form,
    39  prepared and distributed by the commissioner of the division of criminal
    40  justice services, in consultation with the director  of  the  office  of
    41  victim  services,  on  which  the  victim  may  indicate  a demand to be
    42  informed of any petition to change the  name  of  such  defendant.  Such
    43  forms  shall  be maintained by such prosecutor. Upon receipt of a notice
    44  of a petition to change the name of  any  such  defendant,  pursuant  to
    45  subdivision two of section sixty-two of the civil rights law, the prose-
    46  cutor  shall  promptly  notify the victim at the most current address or
    47  telephone number provided by such victim  in  the  most  reasonable  and
    48  expedient  possible  manner  of the time and place such petition will be
    49  presented to the court.
    50    § 33. Paragraph (b) of subdivision 8 of section 700.05 of the criminal
    51  procedure law, as amended by chapter 405 of the laws of 2010, is amended
    52  to read as follows:
    53    (b) Any of the following felonies: assault in  the  second  degree  as
    54  defined  in section 120.05 of the penal law, assault in the first degree
    55  as defined in section 120.10 of the penal law, reckless endangerment  in
    56  the  first degree as defined in section 120.25 of the penal law, promot-
        A. 4959--B                         16
 
     1  ing a suicide attempt as defined in section 120.30  of  the  penal  law,
     2  strangulation  in  the second degree as defined in section 121.12 of the
     3  penal law, strangulation in the  first  degree  as  defined  in  section
     4  121.13  of  the  penal  law, criminally negligent homicide as defined in
     5  section 125.10 of the penal law, manslaughter in the  second  degree  as
     6  defined  in  section  125.15 of the penal law, manslaughter in the first
     7  degree as defined in section 125.20 of the  penal  law,  murder  in  the
     8  second  degree  as defined in section 125.25 of the penal law, murder in
     9  the first degree as defined in section 125.27 of the penal law, abortion
    10  in the second degree as defined in section  125.40  of  the  penal  law,
    11  abortion  in  the first degree as defined in section 125.45 of the penal
    12  law, rape in the third degree as defined in section 130.25 of the  penal
    13  law, rape in the second degree as defined in section 130.30 of the penal
    14  law,  rape in the first degree as defined in section 130.35 of the penal
    15  law, [criminal sexual act in the third  degree  as  defined  in  section
    16  130.40  of  the  penal  law, criminal sexual act in the second degree as
    17  defined in section 130.45 of the penal law, criminal sexual act  in  the
    18  first  degree  as  defined  in  section 130.50 of the penal law,] sexual
    19  abuse in the first degree as defined in section 130.65 of the penal law,
    20  unlawful imprisonment in the first degree as defined in  section  135.10
    21  of  the penal law, kidnapping in the second degree as defined in section
    22  135.20 of the penal law, kidnapping in the first degree  as  defined  in
    23  section 135.25 of the penal law, labor trafficking as defined in section
    24  135.35  of  the penal law, custodial interference in the first degree as
    25  defined in section 135.50 of the penal law, coercion in the first degree
    26  as defined in section 135.65 of the penal law, criminal trespass in  the
    27  first  degree as defined in section 140.17 of the penal law, burglary in
    28  the third degree as defined in section 140.20 of the penal law, burglary
    29  in the second degree as defined in section  140.25  of  the  penal  law,
    30  burglary  in  the first degree as defined in section 140.30 of the penal
    31  law, criminal mischief in the third degree as defined in section  145.05
    32  of  the  penal law, criminal mischief in the second degree as defined in
    33  section 145.10 of the penal law, criminal mischief in the  first  degree
    34  as defined in section 145.12 of the penal law, criminal tampering in the
    35  first degree as defined in section 145.20 of the penal law, arson in the
    36  fourth  degree  as  defined in section 150.05 of the penal law, arson in
    37  the third degree as defined in section 150.10 of the penal law, arson in
    38  the second degree as defined in section 150.15 of the penal  law,  arson
    39  in the first degree as defined in section 150.20 of the penal law, grand
    40  larceny  in  the fourth degree as defined in section 155.30 of the penal
    41  law, grand larceny in the third degree as defined in section  155.35  of
    42  the  penal law, grand larceny in the second degree as defined in section
    43  155.40 of the penal law, grand larceny in the first degree as defined in
    44  section 155.42 of the penal law, health care fraud in the fourth  degree
    45  as  defined in section 177.10 of the penal law, health care fraud in the
    46  third degree as defined in section 177.15 of the penal law, health  care
    47  fraud  in  the  second  degree as defined in section 177.20 of the penal
    48  law, health care fraud in the first degree as defined in section  177.25
    49  of  the  penal  law,  robbery  in the third degree as defined in section
    50  160.05 of the penal law, robbery in the  second  degree  as  defined  in
    51  section  160.10 of the penal law, robbery in the first degree as defined
    52  in section 160.15 of the penal law, unlawful use  of  secret  scientific
    53  material  as  defined  in  section  165.07  of  the  penal law, criminal
    54  possession of stolen property in the fourth degree as defined in section
    55  165.45 of the penal law, criminal possession of stolen property  in  the
    56  third  degree  as  defined  in section 165.50 of the penal law, criminal
        A. 4959--B                         17

     1  possession of stolen property in the second degree as defined by section
     2  165.52 of the penal law, criminal possession of stolen property  in  the
     3  first  degree  as  defined by section 165.54 of the penal law, trademark
     4  counterfeiting  in the second degree as defined in section 165.72 of the
     5  penal law, trademark counterfeiting in the first degree  as  defined  in
     6  section 165.73 of the penal law, forgery in the second degree as defined
     7  in  section  170.10  of  the  penal  law, forgery in the first degree as
     8  defined in section 170.15 of the penal law,  criminal  possession  of  a
     9  forged  instrument  in the second degree as defined in section 170.25 of
    10  the penal law, criminal possession of a forged instrument in  the  first
    11  degree  as  defined  in  section  170.30  of  the  penal  law,  criminal
    12  possession of forgery devices as defined in section 170.40 of the  penal
    13  law,  falsifying  business  records  in  the  first degree as defined in
    14  section 175.10 of the penal law, tampering with public  records  in  the
    15  first  degree  as defined in section 175.25 of the penal law, offering a
    16  false instrument for filing in the first degree as  defined  in  section
    17  175.35  of  the  penal  law,  issuing  a false certificate as defined in
    18  section 175.40 of the penal  law,  criminal  diversion  of  prescription
    19  medications and prescriptions in the second degree as defined in section
    20  178.20  of the penal law, criminal diversion of prescription medications
    21  and prescriptions in the first degree as defined in  section  178.25  of
    22  the  penal  law,  residential  mortgage  fraud  in  the fourth degree as
    23  defined in section 187.10 of the penal law, residential  mortgage  fraud
    24  in the third degree as defined in section 187.15 of the penal law, resi-
    25  dential mortgage fraud in the second degree as defined in section 187.20
    26  of  the  penal  law,  residential  mortgage fraud in the first degree as
    27  defined in section 187.25 of the penal law, escape in the second  degree
    28  as  defined  in  section  205.10  of  the penal law, escape in the first
    29  degree as defined in section 205.15 of the penal  law,  absconding  from
    30  temporary  release  in  the first degree as defined in section 205.17 of
    31  the penal law, promoting  prison  contraband  in  the  first  degree  as
    32  defined in section 205.25 of the penal law, hindering prosecution in the
    33  second  degree  as defined in section 205.60 of the penal law, hindering
    34  prosecution in the first degree as defined  in  section  205.65  of  the
    35  penal  law,  sex  trafficking  as defined in section 230.34 of the penal
    36  law, criminal possession of a weapon in the third degree as  defined  in
    37  subdivisions  two,  three  and  five of section 265.02 of the penal law,
    38  criminal possession of a weapon in  the  second  degree  as  defined  in
    39  section  265.03 of the penal law, criminal possession of a weapon in the
    40  first degree as defined in section 265.04 of the penal law, manufacture,
    41  transport, disposition and defacement of weapons and  dangerous  instru-
    42  ments  and  appliances defined as felonies in subdivisions one, two, and
    43  three of section 265.10 of the penal law, sections  265.11,  265.12  and
    44  265.13  of  the  penal  law,  or prohibited use of weapons as defined in
    45  subdivision two of section 265.35 of the penal law, relating to firearms
    46  and other dangerous weapons, or failure to  disclose  the  origin  of  a
    47  recording  in the first degree as defined in section 275.40 of the penal
    48  law;
    49    § 33-a. Paragraph (b) of subdivision 8 of section 700.05 of the crimi-
    50  nal procedure law, as amended by chapter 368 of the  laws  of  2015,  is
    51  amended to read as follows:
    52    (b)  Any  of  the  following felonies: assault in the second degree as
    53  defined in section 120.05 of the penal law, assault in the first  degree
    54  as  defined in section 120.10 of the penal law, reckless endangerment in
    55  the first degree as defined in section 120.25 of the penal law,  promot-
    56  ing  a  suicide  attempt  as defined in section 120.30 of the penal law,
        A. 4959--B                         18
 
     1  strangulation in the second degree as defined in section 121.12  of  the
     2  penal  law,  strangulation  in  the  first  degree as defined in section
     3  121.13 of the penal law, criminally negligent  homicide  as  defined  in
     4  section  125.10  of  the penal law, manslaughter in the second degree as
     5  defined in section 125.15 of the penal law, manslaughter  in  the  first
     6  degree  as  defined  in  section  125.20 of the penal law, murder in the
     7  second degree as defined in section 125.25 of the penal law,  murder  in
     8  the first degree as defined in section 125.27 of the penal law, abortion
     9  in  the  second  degree  as  defined in section 125.40 of the penal law,
    10  abortion in the first degree as defined in section 125.45 of  the  penal
    11  law,  rape in the third degree as defined in section 130.25 of the penal
    12  law, rape in the second degree as defined in section 130.30 of the penal
    13  law, rape in the first degree as defined in section 130.35 of the  penal
    14  law,  [criminal  sexual  act  in  the third degree as defined in section
    15  130.40 of the penal law, criminal sexual act in  the  second  degree  as
    16  defined  in  section 130.45 of the penal law, criminal sexual act in the
    17  first degree as defined in section 130.50  of  the  penal  law,]  sexual
    18  abuse in the first degree as defined in section 130.65 of the penal law,
    19  unlawful  imprisonment  in the first degree as defined in section 135.10
    20  of the penal law, kidnapping in the second degree as defined in  section
    21  135.20  of  the  penal law, kidnapping in the first degree as defined in
    22  section 135.25 of the penal law, labor trafficking as defined in section
    23  135.35 of the penal law, aggravated  labor  trafficking  as  defined  in
    24  section  135.37  of  the  penal law, custodial interference in the first
    25  degree as defined in section 135.50 of the penal law,  coercion  in  the
    26  first  degree  as  defined  in section 135.65 of the penal law, criminal
    27  trespass in the first degree as defined in section 140.17 of  the  penal
    28  law,  burglary  in  the third degree as defined in section 140.20 of the
    29  penal law, burglary in the second degree as defined in section 140.25 of
    30  the penal law, burglary in the first degree as defined in section 140.30
    31  of the penal law, criminal mischief in the third degree  as  defined  in
    32  section  145.05 of the penal law, criminal mischief in the second degree
    33  as defined in section 145.10 of the penal law, criminal mischief in  the
    34  first  degree  as  defined  in section 145.12 of the penal law, criminal
    35  tampering in the first degree as defined in section 145.20 of the  penal
    36  law,  arson  in  the  fourth  degree as defined in section 150.05 of the
    37  penal law, arson in the third degree as defined in section 150.10 of the
    38  penal law, arson in the second degree as defined in  section  150.15  of
    39  the penal law, arson in the first degree as defined in section 150.20 of
    40  the  penal law, grand larceny in the fourth degree as defined in section
    41  155.30 of the penal law, grand larceny in the third degree as defined in
    42  section 155.35 of the penal law, grand larceny in the second  degree  as
    43  defined  in  section 155.40 of the penal law, grand larceny in the first
    44  degree as defined in section 155.42 of the penal law, health care  fraud
    45  in  the  fourth  degree  as  defined in section 177.10 of the penal law,
    46  health care fraud in the third degree as defined in  section  177.15  of
    47  the  penal  law,  health  care  fraud in the second degree as defined in
    48  section 177.20 of the penal law, health care fraud in the  first  degree
    49  as  defined  in  section  177.25  of the penal law, robbery in the third
    50  degree as defined in section 160.05 of the penal  law,  robbery  in  the
    51  second  degree as defined in section 160.10 of the penal law, robbery in
    52  the first degree as defined in section 160.15 of the penal law, unlawful
    53  use of secret scientific material as defined in section  165.07  of  the
    54  penal  law,  criminal possession of stolen property in the fourth degree
    55  as defined in section 165.45 of the penal law,  criminal  possession  of
    56  stolen  property in the third degree as defined in section 165.50 of the
        A. 4959--B                         19
 
     1  penal law, criminal possession of stolen property in the  second  degree
     2  as  defined  by  section 165.52 of the penal law, criminal possession of
     3  stolen property in the first degree as defined by section 165.54 of  the
     4  penal  law,  trademark counterfeiting in the second degree as defined in
     5  section 165.72 of the penal law, trademark counterfeiting in  the  first
     6  degree  as  defined  in  section 165.73 of the penal law, forgery in the
     7  second degree as defined in section 170.10 of the penal law, forgery  in
     8  the first degree as defined in section 170.15 of the penal law, criminal
     9  possession  of  a  forged  instrument in the second degree as defined in
    10  section 170.25 of the penal law, criminal possession of a forged instru-
    11  ment in the first degree as defined in section 170.30 of the penal  law,
    12  criminal  possession  of forgery devices as defined in section 170.40 of
    13  the penal law, falsifying  business  records  in  the  first  degree  as
    14  defined  in  section  175.10  of  the  penal  law, tampering with public
    15  records in the first degree as defined in section 175.25  of  the  penal
    16  law,  offering  a  false  instrument  for  filing in the first degree as
    17  defined in section 175.35 of the penal law, issuing a false  certificate
    18  as  defined  in  section  175.40 of the penal law, criminal diversion of
    19  prescription medications and  prescriptions  in  the  second  degree  as
    20  defined  in  section  178.20  of  the  penal  law, criminal diversion of
    21  prescription medications  and  prescriptions  in  the  first  degree  as
    22  defined  in  section 178.25 of the penal law, residential mortgage fraud
    23  in the fourth degree as defined in section  187.10  of  the  penal  law,
    24  residential  mortgage  fraud  in  the third degree as defined in section
    25  187.15 of the penal law, residential mortgage fraud in the second degree
    26  as defined in section 187.20 of  the  penal  law,  residential  mortgage
    27  fraud in the first degree as defined in section 187.25 of the penal law,
    28  escape  in  the  second degree as defined in section 205.10 of the penal
    29  law, escape in the first degree as defined  in  section  205.15  of  the
    30  penal  law,  absconding  from  temporary  release in the first degree as
    31  defined in section 205.17 of the penal law, promoting prison  contraband
    32  in  the  first  degree  as  defined  in section 205.25 of the penal law,
    33  hindering prosecution in the second degree as defined in section  205.60
    34  of  the  penal law, hindering prosecution in the first degree as defined
    35  in section 205.65 of the  penal  law,  sex  trafficking  as  defined  in
    36  section  230.34 of the penal law, criminal possession of a weapon in the
    37  third degree as defined in subdivisions two, three and five  of  section
    38  265.02  of  the penal law, criminal possession of a weapon in the second
    39  degree  as  defined  in  section  265.03  of  the  penal  law,  criminal
    40  possession  of a weapon in the first degree as defined in section 265.04
    41  of the penal law, manufacture, transport, disposition and defacement  of
    42  weapons  and dangerous instruments and appliances defined as felonies in
    43  subdivisions one, two, and three of section 265.10  of  the  penal  law,
    44  sections  265.11,  265.12 and 265.13 of the penal law, or prohibited use
    45  of weapons as defined in subdivision two of section 265.35 of the  penal
    46  law,  relating  to  firearms  and other dangerous weapons, or failure to
    47  disclose the origin of a recording in the first  degree  as  defined  in
    48  section 275.40 of the penal law;
    49    § 34. Paragraph (a) of subdivision 2 of section 720.10 of the criminal
    50  procedure law, as amended by chapter 316 of the laws of 2006, is amended
    51  to read as follows:
    52    (a)  the  conviction  to be replaced by a youthful offender finding is
    53  for (i) a class A-I or class A-II felony, or (ii)  an  armed  felony  as
    54  defined  in subdivision forty-one of section 1.20, except as provided in
    55  subdivision three, or (iii) rape in the first degree[,  criminal  sexual
        A. 4959--B                         20

     1  act in the first degree,] or aggravated sexual abuse, except as provided
     2  in subdivision three, or
     3    §  35. Paragraph (a) of subdivision 2 and paragraph (a) of subdivision
     4  3 of section 168-a of the correction law, paragraph (a) of subdivision 2
     5  as amended by chapter 405 of the laws  of  2008  and  paragraph  (a)  of
     6  subdivision 3 as amended by chapter 107 of the laws of 2006, are amended
     7  to read as follows:
     8    (a)  (i)  a conviction of or a conviction for an attempt to commit any
     9  of the provisions of sections 120.70, 130.20, 130.25,  130.30,  [130.40,
    10  130.45,]  130.60,  230.34,  250.50, 255.25, 255.26 and 255.27 or article
    11  two hundred sixty-three of the penal law,  or  section  135.05,  135.10,
    12  135.20  or  135.25 of such law relating to kidnapping offenses, provided
    13  the victim of such kidnapping or related offense is less than  seventeen
    14  years  old  and the offender is not the parent of the victim, or section
    15  230.04, where the person patronized is in fact less than seventeen years
    16  of age, 230.05 or 230.06, or  subdivision  two  of  section  230.30,  or
    17  section  230.32 or 230.33 of the penal law, or (ii) a conviction of or a
    18  conviction for an attempt to commit any of  the  provisions  of  section
    19  235.22 of the penal law, or (iii) a conviction of or a conviction for an
    20  attempt  to commit any provisions of the foregoing sections committed or
    21  attempted as a hate crime defined in section 485.05 of the penal law  or
    22  as  a  crime  of terrorism defined in section 490.25 of such law or as a
    23  sexually motivated felony defined in section 130.91 of such law; or
    24    (a) (i) a conviction of or a conviction for an attempt to  commit  any
    25  of  the provisions of sections 130.35, [130.50,] 130.65, 130.66, 130.67,
    26  130.70, 130.75, 130.80, 130.95 and 130.96 of the penal law,  or  (ii)  a
    27  conviction  of  or  a  conviction  for  an  attempt to commit any of the
    28  provisions of sections 130.53, 130.65-a and 130.90 of the penal law,  or
    29  (iii)  a  conviction  of  or  a  conviction for an attempt to commit any
    30  provisions of the foregoing sections committed or attempted  as  a  hate
    31  crime  defined  in  section  485.05  of  the  penal law or as a crime of
    32  terrorism defined in section 490.25 of such law; or
    33    § 35-a. Paragraph (a)  of  subdivision  2  of  section  168-a  of  the
    34  correction  law, as amended by chapter 405 of the laws of 2008, subpara-
    35  graph (i) of paragraph (a) as amended by chapter  368  of  the  laws  of
    36  2015, is amended to read as follows:
    37    (a)  (i)  a conviction of or a conviction for an attempt to commit any
    38  of the provisions of sections 120.70, 130.20, 130.25,  130.30,  [130.40,
    39  130.45,]  130.60,  230.34,  250.50, 255.25, 255.26 and 255.27 or article
    40  two hundred sixty-three of the penal law,  or  section  135.05,  135.10,
    41  135.20  or  135.25 of such law relating to kidnapping offenses, provided
    42  the victim of such kidnapping or related offense is less than  seventeen
    43  years  old  and the offender is not the parent of the victim, or section
    44  230.04, where the person patronized is in fact less than seventeen years
    45  of age, 230.05, 230.06,  230.11,  230.12,  230.13,  subdivision  two  of
    46  section  230.30,  section 230.32, 230.33, or 230.34 of the penal law, or
    47  section 230.25 of the penal law where the person prostituted is in  fact
    48  less  than  seventeen years old, or (ii) a conviction of or a conviction
    49  for an attempt to commit any of the provisions of section 235.22 of  the
    50  penal  law,  or  (iii) a conviction of or a conviction for an attempt to
    51  commit any provisions of the foregoing sections committed  or  attempted
    52  as a hate crime defined in section 485.05 of the penal law or as a crime
    53  of  terrorism  defined  in  section  490.25 of such law or as a sexually
    54  motivated felony defined in section 130.91 of such law; or
    55    § 36. Subparagraph (ii) of paragraph (a), subparagraphs (i)  and  (ii)
    56  of  paragraph (b) and paragraph (e) of subdivision 8 of section 384-b of
        A. 4959--B                         21
 
     1  the social services law, subparagraph (ii) of paragraph (a) and subpara-
     2  graph (i) of paragraph (b) as amended by chapter  430  of  the  laws  of
     3  2013, subparagraph (ii) of paragraph (b) as amended and paragraph (e) as
     4  added by chapter 7 of the laws of 1999, are amended to read as follows:
     5    (ii)  the  child  has  been found to be an abused child, as defined in
     6  paragraph (iii) of subdivision (e) of section ten hundred twelve of  the
     7  family  court act, as a result of such parent's acts; provided, however,
     8  the respondent must have committed or knowingly allowed to be  committed
     9  a  felony  sex  offense  as  defined in sections 130.25, 130.30, 130.35,
    10  [130.40, 130.45, 130.50,] 130.65, 130.67, 130.70, 130.75, 130.80, 130.95
    11  and 130.96 of the penal law and, for the purposes of  this  section  the
    12  corroboration requirements contained in the penal law shall not apply to
    13  proceedings under this section; or
    14    (i)  the child has been found to be an abused child, (A) as defined in
    15  paragraph (i) of subdivision (e) of section ten hundred  twelve  of  the
    16  family  court  act, as a result of such parent's acts; or (B) as defined
    17  in paragraph (iii) of subdivision (e) of section ten hundred  twelve  of
    18  the  family  court  act,  as  a  result of such parent's acts; provided,
    19  however, the respondent must have committed or knowingly allowed  to  be
    20  committed  a  felony  sex offense as defined in sections 130.25, 130.30,
    21  130.35,  [130.40,  130.45,  130.50,]  130.65,  130.67,  130.70,  130.75,
    22  130.80, 130.95 and 130.96 of the penal law; and
    23    (ii)  (A)  the child or another child for whose care such parent is or
    24  has been legally responsible has been previously found, within the  five
    25  years  immediately  preceding  the initiation of the proceeding in which
    26  such abuse is found, to be an abused child, as defined in paragraph  (i)
    27  or  (iii) of subdivision (e) of section ten hundred twelve of the family
    28  court act, as a result of such parent's acts; provided, however, in  the
    29  case  of a finding of abuse as defined in paragraph (iii) of subdivision
    30  (e) of section ten hundred twelve of the family court act the respondent
    31  must have committed or knowingly allowed to be committed  a  felony  sex
    32  offense  as defined in sections 130.25, 130.30, 130.35, [130.40, 130.45,
    33  130.50,] 130.65, 130.67, 130.70, 130.75 and 130.80 of the penal law,  or
    34  (B)  the  parent  has  been  convicted  of a crime under section 130.25,
    35  130.30, 130.35, [130.40, 130.45, 130.50,] 130.65, 130.67, 130.70, 130.75
    36  or 130.80 of the penal law against the child, a sibling of the child  or
    37  another  child for whose care such parent is or has been legally respon-
    38  sible, within the five year period immediately preceding the  initiation
    39  of the proceeding in which abuse is found; and
    40    (e) A determination by the court in accordance with article ten of the
    41  family  court  act based upon clear and convincing evidence that a child
    42  was abused (A) as defined in paragraph (i) of subdivision (e) of section
    43  ten hundred twelve of the family court act, as a result of such parent's
    44  acts; or (B) as defined in paragraph (iii) of subdivision (e) of section
    45  ten hundred twelve of the family court act, as a result of such parent's
    46  acts; provided, however, the respondent must have committed or knowingly
    47  allowed to be committed a felony sex  offense  as  defined  in  sections
    48  130.25,  130.30,  130.35,  [130.40,  130.45,  130.50,]  130.65,  130.67,
    49  130.70, 130.75 and 130.80 of the penal  law  shall  establish  that  the
    50  child was an abused child for the purpose of a determination as required
    51  by subparagraph (i) or (ii) of paragraph (b) of this subdivision. Such a
    52  determination  by the court in accordance with article ten of the family
    53  court act based upon a fair preponderance of evidence shall be  admissi-
    54  ble in any proceeding commenced in accordance with this section.
        A. 4959--B                         22
 
     1    § 37. Paragraphs (a) and (b) of subdivision 4 of section 509-cc of the
     2  vehicle  and traffic law, as amended by chapter 400 of the laws of 2011,
     3  are amended to read as follows:
     4    (a)  The offenses referred to in subparagraph (ii) of paragraph (a) of
     5  subdivision one and paragraph (a) of subdivision  two  of  this  section
     6  that  result  in  permanent  disqualification shall include a conviction
     7  under sections 125.12, 125.13, 125.14, 125.15, 125.20,  125.21,  125.22,
     8  125.25,  125.26,  125.27,  130.30,  130.35,  [130.45,  130.50,]  130.65,
     9  130.66, 130.67, 130.70, 130.75, 130.80, 130.90, 130.95, 130.96,  135.25,
    10  150.20,  230.30, 230.32, 230.34, 235.22, 263.05, 263.10, 263.11, 263.15,
    11  263.16 of the penal law or an attempt to commit  any  of  the  aforesaid
    12  offenses  under section 110.00 of the penal law, or any offenses commit-
    13  ted under a former section of  the  penal  law  which  would  constitute
    14  violations  of  the aforesaid sections of the penal law, or any offenses
    15  committed outside this state which would constitute  violations  of  the
    16  aforesaid sections of the penal law.
    17    (b)  The offenses referred to in subparagraph (ii) of paragraph (a) of
    18  subdivision one and paragraph (b) of subdivision  two  of  this  section
    19  that  result  in  permanent  disqualification shall include a conviction
    20  under sections 100.13, 105.15, 105.17, 115.08, 120.12,  120.70,  125.10,
    21  125.11,  [130.40,]  130.53,  130.60,  130.65-a,  135.20, 160.15, 220.18,
    22  220.21, 220.39, 220.41, 220.43, 220.44, 230.25, 260.00,  265.04  of  the
    23  penal  law  or  an attempt to commit any of the aforesaid offenses under
    24  section 110.00 of the penal law,  or  any  offenses  committed  under  a
    25  former section of the penal law which would constitute violations of the
    26  aforesaid  sections  of the penal law, or any offenses committed outside
    27  this state which would constitute violations of the  aforesaid  sections
    28  of the penal law.
    29    §  38.  Subdivision  (b)  of  section  117 of the family court act, as
    30  amended by chapter 7 of the laws of 2007, is amended to read as follows:
    31    (b) For every juvenile  delinquency  proceeding  under  article  three
    32  involving  an  allegation of an act committed by a person which, if done
    33  by an adult, would be a crime (i) defined in sections 125.27 (murder  in
    34  the first degree); 125.25 (murder in the second degree); 135.25 (kidnap-
    35  ping  in the first degree); or 150.20 (arson in the first degree) of the
    36  penal law committed by a person thirteen, fourteen or fifteen  years  of
    37  age;  or  such  conduct  committed as a sexually motivated felony, where
    38  authorized pursuant to section 130.91 of the penal law; (ii) defined  in
    39  sections  120.10  (assault in the first degree); 125.20 (manslaughter in
    40  the first degree); 130.35 (rape in the first degree); [130.50  (criminal
    41  sexual  act  in  the  first  degree);]  135.20 (kidnapping in the second
    42  degree), but only where the abduction involved the use or threat of  use
    43  of deadly physical force; 150.15 (arson in the second degree); or 160.15
    44  (robbery  in  the  first  degree) of the penal law committed by a person
    45  thirteen, fourteen or fifteen years of age; or such conduct committed as
    46  a sexually motivated felony, where authorized pursuant to section 130.91
    47  of the penal law; (iii) defined in the penal law as an attempt to commit
    48  murder in the first or second degree or kidnapping in the  first  degree
    49  committed  by  a  person  thirteen, fourteen or fifteen years of age; or
    50  such conduct committed as a sexually motivated felony, where  authorized
    51  pursuant  to  section  130.91  of the penal law; (iv) defined in section
    52  140.30 (burglary in the first degree); subdivision one of section 140.25
    53  (burglary in the second  degree);  subdivision  two  of  section  160.10
    54  (robbery  in  the  second degree) of the penal law; or section 265.03 of
    55  the penal law, where such machine gun or such firearm  is  possessed  on
    56  school  grounds,  as  that  phrase is defined in subdivision fourteen of
        A. 4959--B                         23
 
     1  section 220.00 of the penal  law  committed  by  a  person  fourteen  or
     2  fifteen  years of age; or such conduct committed as a sexually motivated
     3  felony, where authorized pursuant to section 130.91 of  the  penal  law;
     4  (v)  defined  in section 120.05 (assault in the second degree) or 160.10
     5  (robbery in the second degree) of the penal law committed  by  a  person
     6  fourteen  or  fifteen years of age but only where there has been a prior
     7  finding by a court that such person  has  previously  committed  an  act
     8  which,  if  committed  by an adult, would be the crime of assault in the
     9  second degree, robbery in the second degree or any designated felony act
    10  specified in clause (i), (ii) or (iii) of this subdivision regardless of
    11  the age of such person at the time of the commission of the  prior  act;
    12  or  (vi)  other than a misdemeanor, committed by a person at least seven
    13  but less than sixteen years of age, but only where there  has  been  two
    14  prior  findings  by the court that such person has committed a prior act
    15  which, if committed by an adult would be a felony:
    16    (i) There is hereby established in the family court in the city of New
    17  York at least one "designated felony act part." Such part or parts shall
    18  be held separate from all other proceedings of the court, and shall have
    19  jurisdiction over all proceedings involving such an allegation. All such
    20  proceedings shall be originated in or be transferred to this  part  from
    21  other parts as they are made known to the court.
    22    (ii)  Outside  the city of New York, all proceedings involving such an
    23  allegation shall have a hearing preference over every  other  proceeding
    24  in the court, except proceedings under article ten.
    25    §  39.  Paragraph (ii) of subdivision 8 of section 301.2 of the family
    26  court act, as amended by chapter 7 of the laws of 2007,  is  amended  to
    27  read as follows:
    28    (ii)  defined in sections 120.10 (assault in the first degree); 125.20
    29  (manslaughter in the first degree); 130.35 (rape in the  first  degree);
    30  [130.50  (criminal  sexual act in the first degree);] 130.70 (aggravated
    31  sexual abuse in the first degree);  135.20  (kidnapping  in  the  second
    32  degree)  but  only where the abduction involved the use or threat of use
    33  of deadly physical force; 150.15 (arson in the second degree) or  160.15
    34  (robbery  in  the  first  degree) of the penal law committed by a person
    35  thirteen, fourteen or fifteen years of age; or such conduct committed as
    36  a sexually motivated felony, where authorized pursuant to section 130.91
    37  of the penal law;
    38    § 40. Subdivision 4 of section 308.1  of  the  family  court  act,  as
    39  amended  by  chapter  264  of  the  laws  of 2003, is amended to read as
    40  follows:
    41    4. The probation service shall not adjust a case in  which  the  child
    42  has  allegedly committed a delinquent act which would be a crime defined
    43  in section 120.25, (reckless endangerment in the first degree),  [subdi-
    44  vision  one  of  section  125.15,  (manslaughter  in the second degree),
    45  subdivision] subdivisions one, two and three of section 130.25, (rape in
    46  the third degree), [subdivision one of section 130.40, (criminal  sexual
    47  act  in  the  third  degree),] subdivision one or two of section 130.65,
    48  (sexual abuse in the first degree), section  135.65,  (coercion  in  the
    49  first  degree),  section 140.20, (burglary in the third degree), section
    50  150.10, (arson in the third degree), section  160.05,  (robbery  in  the
    51  third degree), subdivision two, three or four of section 265.02, (crimi-
    52  nal possession of a weapon in the third degree), section 265.03, (crimi-
    53  nal  possession  of  a  weapon in the second degree), or section 265.04,
    54  (criminal possession of a dangerous weapon in the first degree)  of  the
    55  penal  law where the child has previously had one or more adjustments of
    56  a case in which such child allegedly committed an act which would  be  a
        A. 4959--B                         24
 
     1  crime  specified  in  this  subdivision  unless  it has received written
     2  approval from the court and the appropriate presentment agency.
     3    §  41.  Subdivision  (c)  of  section 1052 of the family court act, as
     4  added by chapter 739 of the laws of 1981, is amended to read as follows:
     5    (c) Prior to granting an order of disposition pursuant to  subdivision
     6  (a) of this section following an adjudication of child abuse, as defined
     7  in  paragraph  (i)  of  subdivision (e) of section ten hundred twelve of
     8  this act or a finding of a felony sex offense  as  defined  in  sections
     9  130.25,  130.30,  130.35, [130.40, 130.45, 130.50,] 130.65 and 130.70 of
    10  the penal law, the court shall advise the respondent that any subsequent
    11  adjudication of child abuse, as defined in paragraph (i) of  subdivision
    12  (e) of section one thousand twelve of this act or any subsequent finding
    13  of  a  felony  sex offense as defined in those sections of the penal law
    14  herein enumerated, arising out of acts of the respondent may  result  in
    15  the  commitment  of the guardianship and custody of the child or another
    16  child pursuant to section three  hundred  eighty-four-b  of  the  social
    17  services law. The order in such cases shall contain a statement that any
    18  subsequent  adjudication  of  child  abuse  or  finding  of a felony sex
    19  offense as described herein may result in the commitment of the  guardi-
    20  anship  and  custody  of the child, or another child pursuant to section
    21  three hundred eighty-four-b of the social services law.
    22    § 42. Subdivision 2 of section 61 of the civil rights law, as  amended
    23  by  section 54 of subpart B of part C of chapter 62 of the laws of 2011,
    24  is amended to read as follows:
    25    2. If the petitioner stands convicted of a violent felony  offense  as
    26  defined in section 70.02 of the penal law or a felony defined in article
    27  one  hundred  twenty-five of such law or any of the following provisions
    28  of such law sections 130.25, 130.30, [130.40, 130.45,]  255.25,  255.26,
    29  255.27, article two hundred sixty-three, 135.10, 135.25, 230.05, 230.06,
    30  subdivision  two  of section 230.30 or 230.32, and is currently confined
    31  as an inmate in any correctional facility or currently under the  super-
    32  vision  of  the department of corrections and community supervision or a
    33  county probation department as a result of such conviction, the petition
    34  shall for each such conviction specify such felony conviction, the  date
    35  of  such  conviction  or  convictions,  and  the  court  in  which  such
    36  conviction or convictions were entered.
    37    § 43. Subdivision 2 of section 62 of the civil rights law, as  amended
    38  by  section 55 of subpart B of part C of chapter 62 of the laws of 2011,
    39  is amended to read as follows:
    40    2. If the petition be  to  change  the  name  of  a  person  currently
    41  confined  as  an  inmate in any correctional facility or currently under
    42  the supervision of the department of corrections  and  community  super-
    43  vision  or a county probation department as a result of a conviction for
    44  a violent felony offense as defined in section 70.02 of the penal law or
    45  a felony defined in article one hundred twenty-five of such law  or  any
    46  of  the  following  provisions  of  such  law  sections  130.25, 130.30,
    47  [130.40, 130.45,] 255.25, 255.26, 255.27,  article  two  hundred  sixty-
    48  three, 135.10, 135.25, 230.05, 230.06, subdivision two of section 230.30
    49  or 230.32, notice of the time and place when and where the petition will
    50  be  presented  shall  be  served, in like manner as a notice of a motion
    51  upon an attorney in an action, upon the district attorney of every coun-
    52  ty in which such person has been convicted of such felony and  upon  the
    53  court  or  courts  in  which  the  sentence for such felony was entered.
    54  Unless a shorter period of time is ordered by  the  court,  said  notice
    55  shall be served upon each such district attorney and court or courts not
        A. 4959--B                         25
 
     1  less than sixty days prior to the date on which such petition is noticed
     2  to be heard.
     3    §  44. The closing paragraph of section 64 of the civil rights law, as
     4  separately amended by chapters 258, 320 and 481 of the laws of 2006,  is
     5  amended to read as follows:
     6    Upon  compliance with the order and the filing of the affidavit of the
     7  publication, as provided in this section, the  clerk  of  the  court  in
     8  which  the  order has been entered shall certify that the order has been
     9  complied with; and, if the petition states that  the  petitioner  stands
    10  convicted of a violent felony offense as defined in section 70.02 of the
    11  penal law or a felony defined in article one hundred twenty-five of such
    12  law  or  any  of  the  following provisions of such law sections 130.25,
    13  130.30, [130.40, 130.45,] 255.25, 255.26, 255.27,  article  two  hundred
    14  sixty-three,  135.10, 135.25, 230.05, 230.06, subdivision two of section
    15  230.30 or 230.32, such clerk (1) shall deliver, by first class  mail,  a
    16  copy  of  such  certified  order  to  the  division  of criminal justice
    17  services at its office in the county of Albany and (2) upon the clerk of
    18  the court reviewing the petitioner's application  for  name  change  and
    19  subsequent in-court inquiry, may, in the clerk's discretion, deliver, by
    20  first class mail, the petitioner's new name with such certified order to
    21  the court of competent jurisdiction which imposed the orders of support.
    22  Such  certification shall appear on the original order and on any certi-
    23  fied copy thereof and shall be entered in the  clerk's  minutes  of  the
    24  proceeding.
    25    §  45.  Section 213-c of the civil practice law and rules, as added by
    26  chapter 3 of the laws of 2006, is amended to read as follows:
    27    § 213-c. Action by  victim  of  conduct  constituting  certain  sexual
    28  offenses.  Notwithstanding  any other limitation set forth in this arti-
    29  cle, a civil claim or cause of action to recover  from  a  defendant  as
    30  hereinafter  defined,  for  physical,  psychological  or other injury or
    31  condition suffered by a person as a result of acts by such defendant  of
    32  rape  in the first degree as defined in section 130.35 of the penal law,
    33  [or criminal sexual act in the first degree as defined in section 130.50
    34  of the penal law,] or aggravated sexual abuse in  the  first  degree  as
    35  defined  in section 130.70 of the penal law, or course of sexual conduct
    36  against a child in the first degree as defined in section 130.75 of  the
    37  penal law may be brought within five years. As used in this section, the
    38  term "defendant" shall mean only a person who commits the acts described
    39  in  this section or who, in a criminal proceeding, could be charged with
    40  criminal liability for the commission of such acts pursuant  to  section
    41  20.00 of the penal law and shall not apply to any related civil claim or
    42  cause of action arising from such acts. Nothing in this section shall be
    43  construed  to  require  that  a criminal charge be brought or a criminal
    44  conviction be obtained as a condition  of  bringing  a  civil  cause  of
    45  action  or  receiving  a  civil  judgment pursuant to this section or be
    46  construed to require that any of the rules governing a criminal proceed-
    47  ing be applicable to any such civil action.
    48    § 46. Paragraph (b) of subdivision 8 of section 215 of the civil prac-
    49  tice law and rules, as added by chapter  3  of  the  laws  of  2006,  is
    50  amended to read as follows:
    51    (b)  Whenever  it  is  shown  that  a criminal action against the same
    52  defendant has been commenced with respect to  the  event  or  occurrence
    53  from  which  a  claim governed by this section arises, and such criminal
    54  action is for rape in the first degree as defined in section  130.35  of
    55  the penal law, [or criminal sexual act in the first degree as defined in
    56  section  130.50  of  the  penal  law,] or aggravated sexual abuse in the
        A. 4959--B                         26
 
     1  first degree as defined in section 130.70 of the penal law, or course of
     2  sexual conduct against a child in the first degree as defined in section
     3  130.75 of the penal law, the plaintiff shall have at  least  five  years
     4  from  the  termination of the criminal action as defined in section 1.20
     5  of the criminal procedure law in which to  commence  the  civil  action,
     6  notwithstanding  that  the  time  in  which  to commence such action has
     7  already expired or has less than a year remaining.
     8    § 47. Subdivision 11 of section 123 of  the  agriculture  and  markets
     9  law,  as amended by chapter 392 of the laws of 2004, and such section as
    10  renumbered by section 18 of part T of chapter 59 of the laws of 2010, is
    11  amended to read as follows:
    12    11. The owner shall not be liable pursuant to subdivision six,  seven,
    13  eight,  nine  or ten of this section if the dog was coming to the aid or
    14  defense of a person during the commission or attempted commission  of  a
    15  murder, robbery, burglary, arson, rape in the first degree as defined in
    16  paragraph  (a)  or  (b) of subdivision one [or], paragraph (a) or (b) of
    17  subdivision two or paragraph (a) or (b) of subdivision three of  section
    18  130.35  of  the  penal  law[, criminal sexual act in the first degree as
    19  defined in subdivision one or two of section 130.50 of the penal law] or
    20  kidnapping within the dwelling or upon the real property of the owner of
    21  the dog and the dog injured or killed the person committing such  crimi-
    22  nal activity.
    23    § 48. Section 4 of the judiciary law, as amended by chapter 264 of the
    24  laws of 2003, is amended to read as follows:
    25    §  4.  Sittings  of  courts  to be public. The sittings of every court
    26  within this state shall be public, and every citizen may  freely  attend
    27  the  same,  except  that  in  all  proceedings  and  trials in cases for
    28  divorce, seduction, abortion, rape, assault with intent to commit  rape,
    29  [criminal  sexual  act,]  bastardy  or  filiation, the court may, in its
    30  discretion, exclude therefrom all persons who are  not  directly  inter-
    31  ested therein, excepting jurors, witnesses, and officers of the court.
    32    §  49. Subdivision 2 of section 120.60 of the penal law, as amended by
    33  chapter 434 of the laws of 2000, is amended to read as follows:
    34    2. commits a class A misdemeanor defined in article one hundred thirty
    35  of this chapter, or a class E felony defined in section 130.25, [130.40]
    36  or 130.85 of this chapter, or a class D felony defined in section 130.30
    37  [or 130.45] of this chapter.
    38    § 50. Subdivision 1 of section 210.16 of the criminal  procedure  law,
    39  as  added  by  chapter  571  of  the laws of 2007, is amended to read as
    40  follows:
    41    1. (a) In a case where an indictment or a superior  court  information
    42  has  been filed with a superior court which charges the defendant with a
    43  felony offense enumerated in any section of article one  hundred  thirty
    44  of  the  penal  law where an act of "[sexual intercourse] vaginal sexual
    45  contact", "oral sexual [conduct]  contact"  or  "anal  sexual  [conduct]
    46  contact," as those terms are defined in section 130.00 of the penal law,
    47  is  required  as  an  essential  element for the commission thereof, the
    48  court shall, upon a request of the victim within six months of the  date
    49  of  the crimes charged, order that the defendant submit to human immuno-
    50  deficiency virus (HIV) related testing. Testing of a defendant shall  be
    51  ordered when the result would provide medical benefit to the victim or a
    52  psychological benefit to the victim. Medical benefit shall be found when
    53  the  following  elements  are satisfied: (i) a decision is pending about
    54  beginning, continuing, or discontinuing a medical intervention  for  the
    55  victim;  and  (ii) the result of an HIV test of the accused could affect
    56  that decision, and could provide relevant information beyond that  which
        A. 4959--B                         27
 
     1  would be provided by an HIV test of the victim. If testing the defendant
     2  would  provide  medical benefit to the victim or a psychological benefit
     3  to the victim, then the testing is to be conducted by a  state,  county,
     4  or  local  public  health officer designated by the order. Test results,
     5  which shall not be disclosed to the court, shall be communicated to  the
     6  defendant  and  the  victim  named  in  the order in accordance with the
     7  provisions of section twenty-seven hundred eighty-five-a of  the  public
     8  health law.
     9    (b)  For  the purposes of this section, the terms "victim" and "appli-
    10  cant" mean the person with whom the defendant is charged to have engaged
    11  in an act of "[sexual intercourse] vaginal sexual contact", "oral sexual
    12  [conduct] contact" or "anal sexual [conduct] contact",  as  those  terms
    13  are  defined in section 130.00 of the penal law, where such conduct with
    14  such victim was the basis for charging the  defendant  with  an  offense
    15  specified in paragraph (a) of this subdivision.
    16    §  51.  Subdivision 1 of section 390.15 of the criminal procedure law,
    17  as amended by chapter 264 of the laws of 2003, is  amended  to  read  as
    18  follows:
    19    1.  (a)  In  any  case  where  the  defendant is convicted of a felony
    20  offense enumerated in any section of article one hundred thirty  of  the
    21  penal  law,  or  any subdivision of section 130.20 of such law, where an
    22  act of "[sexual  intercourse]  vaginal  sexual  contact",  "oral  sexual
    23  [conduct]  contact"  or  "anal sexual [conduct] contact," as those terms
    24  are defined in section 130.00 of the penal law, is required as an essen-
    25  tial element for the commission thereof, the court must, upon a  request
    26  of the victim, order that the defendant submit to human immunodeficiency
    27  (HIV)  related testing. The testing is to be conducted by a state, coun-
    28  ty, or local  public  health  officer  designated  by  the  order.  Test
    29  results,  which  shall  not be disclosed to the court, shall be communi-
    30  cated to the defendant and the victim named in the order  in  accordance
    31  with the provisions of section twenty-seven hundred eighty-five-a of the
    32  public health law, but such results and disclosure need not be completed
    33  prior to the imposition of sentence.
    34    (b)   For  the  purposes  of  this  section,  the  terms  "defendant",
    35  "conviction" and "sentence" mean and include, respectively, an "eligible
    36  youth," a "youthful offender finding" and a "youthful offender sentence"
    37  as those terms are defined in section 720.10 of this chapter.  The  term
    38  "victim"  means  the person with whom the defendant engaged in an act of
    39  "[sexual intercourse] vaginal sexual contact",  "oral  sexual  [conduct]
    40  contact"  or "anal sexual [conduct] contact", as those terms are defined
    41  in section 130.00 of the penal law, where such conduct with such  victim
    42  was  the basis for the defendant's conviction of an offense specified in
    43  paragraph (a) of this subdivision.
    44    § 52. Subdivision 1 of section 347.1  of  the  family  court  act,  as
    45  amended  by  chapter  264  of  the  laws  of 2003, is amended to read as
    46  follows:
    47    1. (a) In any proceeding where the respondent  is  found  pursuant  to
    48  section  345.1  or  346.1  of  this  article, to have committed a felony
    49  offense enumerated in any section of article one hundred thirty  of  the
    50  penal  law,  or any subdivision of section 130.20 of such law, for which
    51  an act of "[sexual intercourse] vaginal sexual  contact",  "oral  sexual
    52  [conduct]  contact"  or  "anal sexual [conduct] contact", as those terms
    53  are defined in section 130.00 of the penal law, is required as an essen-
    54  tial element for the commission thereof, the court must, upon a  request
    55  of the victim, order that the respondent submit to human immunodeficien-
    56  cy  (HIV)  related  testing.  The testing is to be conducted by a state,
        A. 4959--B                         28
 
     1  county, or local public health officer designated  by  the  order.  Test
     2  results,  which  shall  not be disclosed to the court, shall be communi-
     3  cated to the respondent and the victim named in the order in  accordance
     4  with the provisions of section twenty-seven hundred eighty-five-a of the
     5  public health law.
     6    (b)  For  the  purposes  of  this section, the term "victim" means the
     7  person with whom the respondent engaged in an  act  of  "[sexual  inter-
     8  course]  vaginal  sexual  contact",  "oral  sexual [conduct] contact" or
     9  "anal sexual [conduct] contact", as those terms are defined  in  section
    10  130.00  of  the  penal  law, where such conduct with such victim was the
    11  basis for the court's finding that the respondent committed acts consti-
    12  tuting one or more of the offenses specified in paragraph  (a)  of  this
    13  subdivision.
    14    §  53.  Subdivision (a) of section 130.16 of the penal law, as amended
    15  by chapter 264 of the laws of 2003, is amended to read as follows:
    16    (a) Establish that an attempt was made to engage the victim in [sexual
    17  intercourse] vaginal sexual contact, oral sexual [conduct] contact, anal
    18  sexual [conduct] contact, or sexual contact, as the case may be, at  the
    19  time of the occurrence; and
    20    §  54. Subdivisions 1 and 2 of section 130.20 of the penal law, subdi-
    21  vision 1 as amended by chapter 1 of the laws of 2000, subdivision  2  as
    22  amended  by  chapter  264  of  the  laws of 2003, are amended to read as
    23  follows:
    24    1. He or she engages in [sexual intercourse]  vaginal  sexual  contact
    25  with another person without such person's consent; or
    26    2.  He  or she engages in oral sexual [conduct] contact or anal sexual
    27  [conduct] contact with another person without such person's consent; or
    28    § 55. Paragraphs (a) and (b) of subdivision 1 of section 130.75 of the
    29  penal law, as amended by chapter 264 of the laws of 2003, are amended to
    30  read as follows:
    31    (a) he or she engages in two or more acts  of  sexual  conduct,  which
    32  includes  at  least  one  act  of  [sexual  intercourse]  vaginal sexual
    33  contact, oral sexual [conduct] contact, anal sexual [conduct] contact or
    34  aggravated sexual contact, with a child less than eleven years old; or
    35    (b) he or she, being eighteen years old or more,  engages  in  two  or
    36  more  acts  of sexual conduct, which include at least one act of [sexual
    37  intercourse] vaginal sexual contact, oral sexual [conduct] contact, anal
    38  sexual [conduct] contact or aggravated sexual contact, with a child less
    39  than thirteen years old.
    40    § 56. Subdivision 1 of section 235.00 of the penal law, as amended  by
    41  chapter 264 of the laws of 2003, is amended to read as follows:
    42    1.  "Obscene."  Any  material  or  performance is "obscene" if (a) the
    43  average person, applying contemporary community  standards,  would  find
    44  that  considered  as  a whole, its predominant appeal is to the prurient
    45  interest in sex, and (b) it depicts or describes in a patently offensive
    46  manner,  actual  or  simulated:  [sexual  intercourse]  vaginal   sexual
    47  contact, [criminal sexual act] oral sexual contact, anal sexual contact,
    48  sexual  bestiality,  masturbation,  sadism, masochism, excretion or lewd
    49  exhibition of the genitals, and (c) considered  as  a  whole,  it  lacks
    50  serious literary, artistic, political, and scientific value. Predominant
    51  appeal  shall  be  judged  with  reference  to ordinary adults unless it
    52  appears from the character of the material or the circumstances  of  its
    53  dissemination to be designed for children or other [specially] especial-
    54  ly susceptible audience.
    55    §  57. Subdivision 2 of section 235.22 of the penal law, as amended by
    56  chapter 264 of the laws of 2003, is amended to read as follows:
        A. 4959--B                         29
 
     1    2. by means of such communication he importunes, invites or induces  a
     2  minor  to  engage  in  [sexual intercourse] vaginal sexual contact, oral
     3  sexual [conduct] contact or anal sexual  [conduct]  contact,  or  sexual
     4  contact  with  him, or to engage in a sexual performance, obscene sexual
     5  performance, or sexual conduct for his benefit.
     6    §  58.  Section  255.25 of the penal law, as amended by chapter 320 of
     7  the laws of 2006, is amended to read as follows:
     8  § 255.25 Incest in the third degree.
     9    A person is guilty of incest in  the  third  degree  when  he  or  she
    10  marries  or engages in [sexual intercourse] vaginal sexual contact, oral
    11  sexual [conduct] contact or anal sexual [conduct] contact with a  person
    12  whom  he  or  she  knows  to  be  related to him or her, whether through
    13  marriage or not, as an ancestor, descendant, brother or sister of either
    14  the whole or the half blood, uncle, aunt, nephew or niece.
    15    Incest in the third degree is a class E felony.
    16    § 59. Subdivision 3 of section 263.00 of the penal law, as amended  by
    17  chapter 264 of the laws of 2003, is amended to read as follows:
    18    3.  "Sexual  conduct"  means  actual or simulated [sexual intercourse]
    19  vaginal sexual contact,  oral  sexual  [conduct]  contact,  anal  sexual
    20  [conduct]contact,   sexual  bestiality,  masturbation,  sado-masochistic
    21  abuse, or lewd exhibition of the genitals.
    22    § 60. Subdivision 3 of section 60.42 of the criminal procedure law, as
    23  amended by chapter 264 of the laws  of  2003,  is  amended  to  read  as
    24  follows:
    25    3. rebuts evidence introduced by the people of the victim's failure to
    26  engage  in  [sexual  intercourse]  vaginal  sexual  contact, oral sexual
    27  [conduct] contact, anal  sexual  [conduct]  contact  or  sexual  contact
    28  during a given period of time; or
    29    §  61.  Subdivision  3  of  section  344.4 of the family court act, as
    30  amended by chapter 264 of the laws  of  2003,  is  amended  to  read  as
    31  follows:
    32    3.  rebuts  evidence  introduced  by  the  presentment  agency  of the
    33  victim's failure  to  engage  in  [sexual  intercourse]  vaginal  sexual
    34  contact, oral sexual [conduct] contact, anal sexual [conduct] contact or
    35  sexual contact during a given period of time; or
    36    §  62.  Subdivision 4 of section 170 of the domestic relations law, as
    37  amended by chapter 264 of the laws  of  2003,  is  amended  to  read  as
    38  follows:
    39    (4)  The  commission of an act of adultery, provided that adultery for
    40  the purposes of articles ten, eleven, and eleven-A of this  chapter,  is
    41  hereby defined as the commission of an act of [sexual intercourse] vagi-
    42  nal  sexual  contact,  oral  sexual  [conduct]  contact  or  anal sexual
    43  [conduct] contact, voluntarily performed by the defendant, with a person
    44  other than the plaintiff after the marriage of plaintiff and  defendant.
    45  Oral sexual [conduct] contact and anal sexual [conduct] contact include,
    46  but  are not limited to, sexual conduct as defined in subdivision two of
    47  section 130.00 and subdivision three of section 130.20 of the penal law.
    48    § 63. Subdivision 4 of section 200 of the domestic relations  law,  as
    49  amended  by  chapter  264  of  the  laws  of 2003, is amended to read as
    50  follows:
    51    4. The commission of an act of adultery by the defendant; except where
    52  such offense is committed by the procurement or with the  connivance  of
    53  the  plaintiff  or  where there is voluntary cohabitation of the parties
    54  with the knowledge of the offense or  where  action  was  not  commenced
    55  within  five  years  after the discovery by the plaintiff of the offense
    56  charged or where the plaintiff has also been guilty  of  adultery  under
        A. 4959--B                         30
 
     1  such circumstances that the defendant would have been entitled, if inno-
     2  cent,  to  a  divorce,  provided  that adultery for the purposes of this
     3  subdivision is hereby defined as the commission of  an  act  of  [sexual
     4  intercourse]  vaginal  sexual  contact, oral sexual [conduct] contact or
     5  anal sexual [conduct] contact, voluntarily performed by  the  defendant,
     6  with  a  person other than the plaintiff after the marriage of plaintiff
     7  and defendant. Oral sexual [conduct] contact and anal  sexual  [conduct]
     8  contact  include,  but  are not limited to, sexual conduct as defined in
     9  subdivision two of section  130.00  and  subdivision  three  of  section
    10  130.20 of the penal law.
    11    §  64.  This act shall take effect on the ninetieth day after it shall
    12  have become a law and shall apply to any offense on or after such effec-
    13  tive date; provided, however, that section nine-a of this act shall take
    14  effect on the same date and in the same manner  as  section  3,  section
    15  thirty-two-a  of  this act shall take effect on the same date and in the
    16  same manner as section 28, section thirty-three-a of this act shall take
    17  effect on the same date and in the same manner as section  8,  and  that
    18  section thirty-five-a of this act shall take effect on the same date and
    19  in  the same manner as section 35 of chapter 368 or the laws of 2015. As
    20  it pertains to the repealed sections of law, nothing in this  act  shall
    21  affect  a  requirement  to  register  pursuant  to  article  6-C  of the
    22  correction law; a lawfully required  disclosure  of  a  conviction;  any
    23  restriction  or prohibition for certain types of employment, housing, or
    24  government benefit; or any other ongoing matter related to a  conviction
    25  of the sections repealed in this act.