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A03340 Summary:

BILL NOA03340
 
SAME ASSAME AS S03161
 
SPONSORCruz
 
COSPNSRBurdick, Taylor, Zebrowski, Dinowitz, Vanel, Simon, Burgos, Rosenthal L, Gonzalez-Rojas, Jacobson, Otis, Pretlow, Stirpe, Clark, Glick, Bichotte Hermelyn, Lavine, Pheffer Amato
 
MLTSPNSR
 
Rpld §§130.40, 130.45 & 130.50, amd Pen L, generally; amd CP L, generally; amd §168-a, Cor L; amd §384-b, Soc Serv L; amd §509-cc, V & T L; amd §§117, 308.1, 347.1, 344.4 & 1052, Fam Ct Act; amd §64, Civ Rts L; amd §§213-c & 215, CPLR; amd §123, Ag & Mkts L; amd §4, Judy L; amd §§170 & 200, Dom Rel L
 
Relates to the offenses of rape in the first, second and third degrees.
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A03340 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3340
 
SPONSOR: Cruz
  TITLE OF BILL: An act to amend the penal law, the criminal procedure law, the correction law, the social services law, the vehicle and traffic law, the family court act, the civil rights law, the civil practice law and rules, the agriculture and markets law, the judiciary law and the domes- tic relations law, in relation to sex offenses; and to repeal certain provisions of the penal law relating thereto   PURPOSE OR GENERAL IDEA OF BILL: To amend the penal law to remove the penetration requirement from the rape statutes as well as to define rape as sexual intercourse, oral sexual conduct, or anal sexual conduct.   SUMMARY OF SPECIFIC PROVISIONS: This bill removes the penetration requirement from the rape statutes, redefines rape to include oral and anal sexual conduct within the defi- nition of rape and makes conforming changes throughout various areas of law.   JUSTIFICATION: On March 28, 2012, a Justice of the New York State Supreme Court declared a mistrial on the rape charge against former New York City Police Officer Michael Pena. Pena was convicted of several other charges for holding the schoolteacher at gunpoint, threatening her life and forcibly sodomizing her. Pena was not convicted of rape despite over- whelming evidence of forcible, nonconsensual sexual conduct with a Bronx school teacher. It is galling that in the face of evidence of the defendant's semen in the victim's underwear, redness to her genitals, eyewitness testimony and the victim's own account of the pain of the attack; Pena was not convicted of the top count of rape. Common sense dictates that what happened to the victim in this case is rape. This bill will redefine rape to include oral and anal sexual conduct, which are now referred to as "criminal sexual act," so that these other forms of sexual assault are recognized by the law as rape.   PRIOR LEGISLATIVE HISTORY: A6319A of 2022 S.8279 of 2019-2020 (Hoylman): Died in Codes A.0794 of 2019-2020 (Simotas): Died in Rules A.4295-A of 2017-2018 A.4959B of 2015-2016   FISCAL IMPLICATIONS: No   EFFECTIVE DATE: This act will take effect on January 1, 2024.
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A03340 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3340
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 2, 2023
                                       ___________
 
        Introduced  by  M.  of  A.  CRUZ,  BURDICK, TAYLOR, ZEBROWSKI, DINOWITZ,
          VANEL, SIMON, BURGOS, L. ROSENTHAL,  GONZALEZ-ROJAS,  JACOBSON,  OTIS,
          PRETLOW,    STIRPE,    CLARK,    GLICK,   BICHOTTE HERMELYN,   LAVINE,
          PHEFFER AMATO -- read once and referred to the Committee on Codes
 
        AN ACT  to  amend  the  penal  law,  the  criminal  procedure  law,  the
          correction  law, the social services law, the vehicle and traffic law,
          the family court act, the civil rights law, the civil practice law and
          rules, the agriculture and markets law,  the  judiciary  law  and  the
          domestic  relations  law,  in  relation to sex offenses; and to repeal
          certain provisions of the penal law relating thereto
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Sections  130.40,  130.45 and 130.50 of the penal law are
     2  REPEALED.
     3    § 2. Subdivisions 1 and 2 of section 130.00 of the penal law, subdivi-
     4  sion 2 as amended by chapter 264 of the laws of  2003,  are  amended  to
     5  read as follows:
     6    1.  "[Sexual  intercourse]  Vaginal  sexual contact" [has its ordinary
     7  meaning and occurs upon any penetration, however slight]  means  conduct
     8  between  persons  consisting of contact between the penis and the vagina
     9  or vulva.
    10    2. (a) "Oral sexual [conduct] contact" means conduct  between  persons
    11  consisting of contact between the mouth and the penis, the mouth and the
    12  anus, or the mouth and the vulva or vagina.
    13    (b)  "Anal  sexual  [conduct]  contact"  means conduct between persons
    14  consisting of contact between the penis and anus.
    15    § 3. Section 130.25 of the penal law, as amended by chapter 1  of  the
    16  laws of 2000, is amended to read as follows:
    17  § 130.25 Rape in the third degree.
    18    A person is guilty of rape in the third degree when:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07466-01-3

        A. 3340                             2
 
     1    1.  He  or  she engages in [sexual intercourse] vaginal sexual contact
     2  with another person who is incapable of consent by reason of some factor
     3  other than being less than seventeen years old;
     4    2. He or she engages in oral sexual contact with another person who is
     5  incapable of consent by reason of some factor other than being less than
     6  seventeen years old;
     7    3. He or she engages in anal sexual contact with another person who is
     8  incapable  of  consent  by  reason of some other factor other than being
     9  less than seventeen years old;
    10    4. Being twenty-one years old or more, he or she  engages  in  [sexual
    11  intercourse] vaginal sexual contact with another person less than seven-
    12  teen years old; [or
    13    3.]  5.  Being twenty-one years old or more, he or she engages in oral
    14  sexual contact with another person less than seventeen years old;
    15    6. Being twenty-one years old or more, he or she engages in anal sexu-
    16  al contact with another person less than seventeen years old;
    17    7. He or she engages in [sexual intercourse]  vaginal  sexual  contact
    18  with  another  person  without  such person's consent where such lack of
    19  consent is by reason of some factor other than incapacity to consent[.];
    20    8. He or she engages in oral sexual contact with another person  with-
    21  out  such  person's  consent  where such lack of consent is by reason of
    22  some factor other than incapacity to consent; or
    23    9. He or she engages in anal sexual contact with another person  with-
    24  out  such  person's  consent  where such lack of consent is by reason of
    25  some factor other than the incapacity to consent.
    26    Rape in the third degree is a class E felony.
    27    § 4. Section 130.30 of the penal law, as amended by chapter 1  of  the
    28  laws of 2000, is amended to read as follows:
    29  § 130.30 Rape in the second degree.
    30    A person is guilty of rape in the second degree when:
    31    1.  being  eighteen  years  old  or more, he or she engages in [sexual
    32  intercourse] vaginal  sexual  contact  with  another  person  less  than
    33  fifteen years old; [or]
    34    2.  being eighteen years old or more, he or she engages in oral sexual
    35  contact with another person less than fifteen years old;
    36    3. being eighteen years old or more, he or she engages in anal  sexual
    37  contact with another person less than fifteen years old;
    38    4.  he  or  she engages in [sexual intercourse] vaginal sexual contact
    39  with another person who is incapable  of  consent  by  reason  of  being
    40  mentally disabled or mentally incapacitated[.];
    41    5. he or she engages in oral sexual contact with another person who is
    42  incapable  of  consent  by reason of being mentally disabled or mentally
    43  incapacitated; or
    44    6. he or she engages in anal sexual contact with another person who is
    45  incapable of consent by reason of being mentally  disabled  or  mentally
    46  incapacitated.
    47    It  shall be an affirmative defense to the crime of rape in the second
    48  degree as defined in [subdivision] subdivisions one, two  and  three  of
    49  this  section that the defendant was less than four years older than the
    50  victim at the time of the act.
    51    Rape in the second degree is a class D felony.
    52    § 5. Section 130.35 of the penal law, as amended by chapter 1  of  the
    53  laws of 2000, is amended to read as follows:
    54  § 130.35 Rape in the first degree.
    55    A person is guilty of rape in the first degree when:

        A. 3340                             3

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

        A. 3340                             4
 
     1  is one for which such person  is  criminally  responsible  or  for  such
     2  conduct  as  a  sexually  motivated felony, where authorized pursuant to
     3  section 130.91 of this chapter; and a person fourteen or, fifteen  years
     4  of  age  is  criminally  responsible  for  acts  constituting the crimes
     5  defined in section 135.25  (kidnapping  in  the  first  degree);  150.20
     6  (arson  in the first degree); subdivisions one and two of section 120.10
     7  (assault in  the  first  degree);  125.20  (manslaughter  in  the  first
     8  degree);  [subdivisions  one  and] paragraphs (a) and (b) of subdivision
     9  one, paragraphs (a) and (b) of subdivision two and  paragraphs  (a)  and
    10  (b)  of  subdivision three of section 130.35 (rape in the first degree);
    11  subdivisions one and two of section 130.50 (criminal sexual act  in  the
    12  first  degree);  130.70  (aggravated  sexual abuse in the first degree);
    13  140.30 (burglary in the first degree); subdivision one of section 140.25
    14  (burglary in the second degree); 150.15 (arson in  the  second  degree);
    15  160.15  (robbery in the first degree); subdivision two of section 160.10
    16  (robbery in the second degree) of this chapter;  or  section  265.03  of
    17  this  chapter,  where  such  machine gun or such firearm is possessed on
    18  school grounds, as that phrase is defined  in  subdivision  fourteen  of
    19  section 220.00 of this chapter; or defined in this chapter as an attempt
    20  to commit murder in the second degree or kidnapping in the first degree,
    21  or  for  such  conduct  as a sexually motivated felony, where authorized
    22  pursuant to section 130.91 of this chapter.
    23    § 8. Paragraph (b) of subdivision 2 of section 35.15 of the penal law,
    24  as amended by chapter 511 of the laws of 2004, is  amended  to  read  as
    25  follows:
    26    (b) He or she reasonably believes that such other person is committing
    27  or  attempting to commit a kidnapping, forcible rape, forcible [criminal
    28  sexual act] aggravated sexual abuse, or robbery; or
    29    § 9. Paragraph (c) of subdivision 1 of section 70.02 of the penal law,
    30  as amended by chapter 134 of the laws of 2019, is  amended  to  read  as
    31  follows:
    32    (c)  Class  D violent felony offenses: an attempt to commit any of the
    33  class C felonies set forth in paragraph (b); reckless assault of a child
    34  as defined in section 120.02, assault in the second degree as defined in
    35  section 120.05, menacing a police officer or peace officer as defined in
    36  section 120.18, stalking in the first degree, as defined in  subdivision
    37  one  of section 120.60, strangulation in the second degree as defined in
    38  section 121.12, rape in the second degree as defined in section  130.30,
    39  [criminal sexual act in the second degree as defined in section 130.45,]
    40  sexual abuse in the first degree as defined in section 130.65, course of
    41  sexual  conduct  against  a  child  in  the  second degree as defined in
    42  section 130.80, aggravated sexual abuse in the third degree  as  defined
    43  in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
    44  substance as defined in section 130.90, labor trafficking as defined  in
    45  paragraphs  (a) and (b) of subdivision three of section 135.35, criminal
    46  possession of a weapon in the third degree  as  defined  in  subdivision
    47  five, six, seven, eight, nine or ten of section 265.02, criminal sale of
    48  a firearm in the third degree as defined in section 265.11, intimidating
    49  a  victim  or witness in the second degree as defined in section 215.16,
    50  soliciting or providing support for an act of terrorism  in  the  second
    51  degree  as defined in section 490.10, and making a terroristic threat as
    52  defined in section 490.20, falsely reporting an incident  in  the  first
    53  degree  as  defined in section 240.60, placing a false bomb or hazardous
    54  substance in the first degree as defined in section  240.62,  placing  a
    55  false  bomb  or  hazardous  substance in a sports stadium or arena, mass
    56  transportation facility or enclosed shopping mall as defined in  section

        A. 3340                             5
 
     1  240.63,  aggravated  unpermitted use of indoor pyrotechnics in the first
     2  degree as defined in section 405.18, and criminal manufacture, sale,  or
     3  transport  of  an  undetectable  firearm, rifle or shotgun as defined in
     4  section 265.50.
     5    § 10. Paragraph b of subdivision 5 of section 120.40 of the penal law,
     6  as  amended  by  chapter  320 of the laws of 2006, is amended to read as
     7  follows:
     8    b. a  crime  defined  in  section  130.20,  130.25,  130.30,  [130.40,
     9  130.45,] 130.55, 130.60, 130.70, 255.25, 255.26 or 255.27;
    10    §  11. Paragraph (d) of subdivision 2 and paragraph (h) of subdivision
    11  3 of section 130.05 of the penal law, paragraph (d) of subdivision 2  as
    12  amended  by chapter 40 of the laws of 2004 and paragraph (h) of subdivi-
    13  sion 3 as amended by section 2 of part G of chapter 501 of the  laws  of
    14  2012, are amended to read as follows:
    15    (d)  Where  the offense charged is rape in the third degree as defined
    16  in [subdivision three] subdivision  seven,  eight  or  nine  of  section
    17  130.25, [or criminal sexual act in the third degree as defined in subdi-
    18  vision  three of section 130.40,] in addition to forcible vaginal sexual
    19  contact compulsion, circumstances under which, at the time of the act of
    20  intercourse, oral sexual [conduct]  contact  or  anal  sexual  [conduct]
    21  contact,  the victim clearly expressed that he or she did not consent to
    22  engage in such act, and a reasonable person  in  the  actor's  situation
    23  would  have  understood such person's words and acts as an expression of
    24  lack of consent to such act under all the circumstances.
    25    (h) a client or patient and the actor is a  health  care  provider  or
    26  mental  health  care  provider  charged with rape in the third degree as
    27  defined in section 130.25, [criminal sexual act in the third  degree  as
    28  defined in section 130.40,] aggravated sexual abuse in the fourth degree
    29  as  defined  in section 130.65-a, or sexual abuse in the third degree as
    30  defined in section 130.55, and the act of sexual conduct occurs during a
    31  treatment session, consultation, interview, or examination; or
    32    § 12. The opening paragraph of subdivision 3 of section 125.25 of  the
    33  penal  law, as amended by chapter 264 of the laws of 2003, is amended to
    34  read as follows:
    35    Acting either alone or with one or more other persons, he  commits  or
    36  attempts  to  commit  robbery,  burglary, kidnapping, arson, rape in the
    37  first degree, [criminal sexual act in the first degree,] sexual abuse in
    38  the first degree, aggravated sexual abuse, escape in the  first  degree,
    39  or escape in the second degree, and, in the course of and in furtherance
    40  of  such  crime or of immediate flight therefrom, he, or another partic-
    41  ipant, if there be any, causes the death of a person other than  one  of
    42  the participants; except that in any prosecution under this subdivision,
    43  in  which  the  defendant was not the only participant in the underlying
    44  crime, it is an affirmative defense that the defendant:
    45    § 13. Subdivision 5 of section 125.25 of the penal law, as amended  by
    46  chapter 320 of the laws of 2006, is amended to read as follows:
    47    5. Being eighteen years old or more, while in the course of committing
    48  rape  in  the first, second or third degree, [criminal sexual act in the
    49  first, second or third degree,] sexual abuse in the first degree, aggra-
    50  vated sexual abuse in the first, second,  third  or  fourth  degree,  or
    51  incest  in the first, second or third degree, against a person less than
    52  fourteen years old, he or she intentionally causes  the  death  of  such
    53  person.
    54    §  14. Subparagraph (vii) of paragraph (a) of subdivision 1 of section
    55  125.27 of the penal law, as amended by chapter 264 of the laws of  2003,
    56  is amended to read as follows:

        A. 3340                             6
 
     1    (vii)  the  victim was killed while the defendant was in the course of
     2  committing or attempting  to  commit  and  in  furtherance  of  robbery,
     3  burglary  in  the first degree or second degree, kidnapping in the first
     4  degree, arson in the first degree or second degree, rape  in  the  first
     5  degree,  [criminal  sexual act in the first degree,] sexual abuse in the
     6  first degree, aggravated sexual abuse in the first degree or  escape  in
     7  the  first  degree,  or  in  the  course of and furtherance of immediate
     8  flight after committing or attempting to commit any such crime or in the
     9  course of and furtherance of immediate flight after attempting to commit
    10  the crime of murder in the second degree; provided however,  the  victim
    11  is  not  a participant in one of the aforementioned crimes and, provided
    12  further that, unless  the  defendant's  criminal  liability  under  this
    13  subparagraph is based upon the defendant having commanded another person
    14  to  cause the death of the victim or intended victim pursuant to section
    15  20.00 of this chapter, this  subparagraph  shall  not  apply  where  the
    16  defendant's  criminal  liability  is  based  upon the conduct of another
    17  pursuant to section 20.00 of this chapter; or
    18    § 15. Subdivision 3 of section 130.10 of the penal law, as amended  by
    19  chapter 264 of the laws of 2003, is amended to read as follows:
    20    3.  In  any  prosecution  for the crime of rape in the third degree as
    21  defined in section 130.25, [criminal sexual act in the third  degree  as
    22  defined in section 130.40,] aggravated sexual abuse in the fourth degree
    23  as  defined  in section 130.65-a, or sexual abuse in the third degree as
    24  defined in section 130.55 in which incapacity to consent is based on the
    25  circumstances set forth in paragraph (h) of subdivision three of section
    26  130.05 of this article it shall  be  an  affirmative  defense  that  the
    27  client  or  patient  consented to such conduct charged after having been
    28  expressly advised by the health care or mental health care provider that
    29  such conduct was not performed for a valid medical purpose.
    30    § 16. The opening paragraph and subdivision 2 of section 130.95 of the
    31  penal law, as added by chapter 107 of the laws of 2006, are  amended  to
    32  read as follows:
    33    A  person is guilty of predatory sexual assault when he or she commits
    34  the crime of rape in the first degree, [criminal sexual act in the first
    35  degree,] aggravated sexual abuse in the first degree, or course of sexu-
    36  al conduct against a child in the first degree, as defined in this arti-
    37  cle, and when:
    38    2. He or she has engaged in conduct constituting the crime of rape  in
    39  the  first degree, [criminal sexual act in the first degree,] aggravated
    40  sexual abuse in the first degree, or course of sexual conduct against  a
    41  child  in  the  first degree, as defined in this article, against one or
    42  more additional persons; or
    43    § 17. The opening paragraph of section 130.96 of  the  penal  law,  as
    44  added by chapter 107 of the laws of 2006, is amended to read as follows:
    45    A  person  is guilty of predatory sexual assault against a child when,
    46  being eighteen years old or more, he or she commits the crime of rape in
    47  the first degree, [criminal sexual act in the first degree,]  aggravated
    48  sexual  abuse in the first degree, or course of sexual conduct against a
    49  child in the first degree, as defined in this article, and the victim is
    50  less than thirteen years old.
    51    § 18. Subdivision 2 of section 240.75 of the penal law, as amended  by
    52  section  8  of  part NN of chapter 55 of the laws of 2018, is amended to
    53  read as follows:
    54    2. A "specified offense" is  an  offense  defined  in  section  120.00
    55  (assault  in  the  third  degree); section 120.05 (assault in the second
    56  degree); section 120.10 (assault in the first  degree);  section  120.13

        A. 3340                             7
 
     1  (menacing  in  the first degree); section 120.14 (menacing in the second
     2  degree); section 120.15 (menacing in the third degree);  section  120.20
     3  (reckless  endangerment  in the second degree); section 120.25 (reckless
     4  endangerment  in  the  first  degree);  section  120.45 (stalking in the
     5  fourth degree); section 120.50 (stalking in the third  degree);  section
     6  120.55  (stalking in the second degree); section 120.60 (stalking in the
     7  first degree); section 121.11  (criminal  obstruction  of  breathing  or
     8  blood circulation); section 121.12 (strangulation in the second degree);
     9  section  121.13  (strangulation in the first degree); subdivision one of
    10  section 125.15 (manslaughter in the second degree); subdivision one, two
    11  or four of section 125.20 (manslaughter in the  first  degree);  section
    12  125.25  (murder  in  the  second degree); section 130.20 (sexual miscon-
    13  duct); section 130.25 (rape in the third degree); section  130.30  (rape
    14  in  the  second  degree);  section  130.35  (rape  in the first degree);
    15  [section 130.40 (criminal sexual  act  in  the  third  degree);  section
    16  130.45 (criminal sexual act in the second degree); section 130.50 (crim-
    17  inal  sexual  act in the first degree);] section 130.52 (forcible touch-
    18  ing); section 130.53 (persistent sexual abuse); section  130.55  (sexual
    19  abuse  in  the third degree); section 130.60 (sexual abuse in the second
    20  degree); section 130.65 (sexual abuse  in  the  first  degree);  section
    21  130.66  (aggravated  sexual  abuse  in the third degree); section 130.67
    22  (aggravated sexual abuse in the second degree); section  130.70  (aggra-
    23  vated  sexual abuse in the first degree); section 130.91 (sexually moti-
    24  vated felony); section 130.95 (predatory sexual assault); section 130.96
    25  (predatory sexual assault against a  child);  section  135.05  (unlawful
    26  imprisonment  in  the second degree); section 135.10 (unlawful imprison-
    27  ment in the  first  degree);  section  135.60  (coercion  in  the  third
    28  degree);  section 135.61 (coercion in the second degree); section 135.65
    29  (coercion in the first degree); section 140.20 (burglary  in  the  third
    30  degree);  section 140.25 (burglary in the second degree); section 140.30
    31  (burglary in the first degree); section 145.00 (criminal mischief in the
    32  fourth degree); section 145.05 (criminal mischief in the third  degree);
    33  section  145.10 (criminal mischief in the second degree); section 145.12
    34  (criminal mischief  in  the  first  degree);  section  145.14  (criminal
    35  tampering in the third degree); section 215.50 (criminal contempt in the
    36  second  degree); section 215.51 (criminal contempt in the first degree);
    37  section 215.52 (aggravated criminal contempt); section  240.25  (harass-
    38  ment  in  the  first  degree);  subdivision  one, two or four of section
    39  240.30 (aggravated harassment in the second degree);  aggravated  family
    40  offense  as  defined  in  this  section  or any attempt or conspiracy to
    41  commit any of the foregoing offenses where the defendant and the  person
    42  against  whom  the offense was committed were members of the same family
    43  or household as defined in subdivision one  of  section  530.11  of  the
    44  criminal procedure law.
    45    §  19. Section 255.26 of the penal law, as added by chapter 320 of the
    46  laws of 2006, is amended to read as follows:
    47  § 255.26 Incest in the second degree.
    48    A person is guilty of incest in the  second  degree  when  he  or  she
    49  commits  the  crime  of rape in the second degree, as defined in section
    50  130.30 of this part, [or criminal sexual act in the  second  degree,  as
    51  defined in section 130.45 of this part,] against a person whom he or she
    52  knows  to  be related to him or her, whether through marriage or not, as
    53  an ancestor, descendant, brother or sister of either the  whole  or  the
    54  half blood, uncle, aunt, nephew or niece.
    55    Incest in the second degree is a class D felony.

        A. 3340                             8
 
     1    §  20. Section 255.27 of the penal law, as added by chapter 320 of the
     2  laws of 2006, is amended to read as follows:
     3  § 255.27 Incest in the first degree.
     4    A  person  is  guilty  of  incest  in  the first degree when he or she
     5  commits the crime of rape in the first degree, as defined  in  paragraph
     6  (c)  or  (d) of subdivision [three or four] one, paragraph (c) or (d) of
     7  subdivision two or paragraph (c) or (d) of subdivision three of  section
     8  130.35  of  this  part[,  or criminal sexual act in the first degree, as
     9  defined in subdivision three or four of section 130.50  of  this  part,]
    10  against  a  person  whom  he  or  she knows to be related to him or her,
    11  whether through marriage or not, as an ancestor, descendant, brother  or
    12  sister of either the whole or half blood, uncle, aunt, nephew or niece.
    13    Incest in the first degree is a class B felony.
    14    §  21. Subdivision 3 of section 485.05 of the penal law, as amended by
    15  section 3 of part R of chapter 55 of the laws of  2020,  is  amended  to
    16  read as follows:
    17    3. A "specified offense" is an offense defined by any of the following
    18  provisions  of  this  chapter:  section  120.00  (assault  in  the third
    19  degree); section 120.05 (assault in the second degree);  section  120.10
    20  (assault in the first degree); section 120.12 (aggravated assault upon a
    21  person  less  than  eleven  years  old); section 120.13 (menacing in the
    22  first degree); section 120.14 (menacing in the second  degree);  section
    23  120.15  (menacing  in the third degree); section 120.20 (reckless endan-
    24  germent in the second degree); section 120.25 (reckless endangerment  in
    25  the  first degree); section 121.12 (strangulation in the second degree);
    26  section 121.13 (strangulation in the first degree); subdivision  one  of
    27  section 125.15 (manslaughter in the second degree); subdivision one, two
    28  or  four  of  section 125.20 (manslaughter in the first degree); section
    29  125.25 (murder in the second degree); section 120.45  (stalking  in  the
    30  fourth  degree);  section 120.50 (stalking in the third degree); section
    31  120.55 (stalking in the second degree); section 120.60 (stalking in  the
    32  first degree); paragraph (a) of subdivision one, paragraph (a) of subdi-
    33  vision  two  and  paragraph  (a)  of subdivision three of section 130.35
    34  (rape in the first degree); [subdivision one of section 130.50 (criminal
    35  sexual act in the first  degree);  subdivision  one  of  section  130.65
    36  (sexual abuse in the first degree);] paragraph (a) of subdivision one of
    37  section 130.67 (aggravated sexual abuse in the second degree); paragraph
    38  (a) of subdivision one of section 130.70 (aggravated sexual abuse in the
    39  first  degree);  section  135.05  (unlawful  imprisonment  in the second
    40  degree); section 135.10 (unlawful imprisonment  in  the  first  degree);
    41  section  135.20  (kidnapping  in  the  second  degree);  section  135.25
    42  (kidnapping in the first degree); section 135.60 (coercion in the  third
    43  degree);  section 135.61 (coercion in the second degree); section 135.65
    44  (coercion in the first degree); section 140.10 (criminal trespass in the
    45  third degree); section 140.15 (criminal trespass in the second  degree);
    46  section  140.17  (criminal trespass in the first degree); section 140.20
    47  (burglary in the third degree); section 140.25 (burglary in  the  second
    48  degree);  section  140.30 (burglary in the first degree); section 145.00
    49  (criminal mischief in  the  fourth  degree);  section  145.05  (criminal
    50  mischief  in the third degree); section 145.10 (criminal mischief in the
    51  second degree); section 145.12 (criminal mischief in the first  degree);
    52  section  150.05  (arson  in the fourth degree); section 150.10 (arson in
    53  the third degree); section 150.15 (arson in the second degree);  section
    54  150.20  (arson  in  the  first  degree); section 155.25 (petit larceny);
    55  section 155.30 (grand larceny in  the  fourth  degree);  section  155.35
    56  (grand  larceny  in  the third degree); section 155.40 (grand larceny in

        A. 3340                             9
 
     1  the second degree); section 155.42 (grand larceny in the first  degree);
     2  section 160.05 (robbery in the third degree); section 160.10 (robbery in
     3  the  second  degree);  section  160.15  (robbery  in  the first degree);
     4  section 240.25 (harassment in the first degree); subdivision one, two or
     5  four  of  section  240.30  (aggravated harassment in the second degree);
     6  section 490.10 (soliciting or providing support for an act of  terrorism
     7  in  the  second degree); section 490.15 (soliciting or providing support
     8  for an act of terrorism in the first degree); section 490.20  (making  a
     9  terroristic threat); section 490.25 (crime of terrorism); section 490.30
    10  (hindering  prosecution  of  terrorism  in  the  second degree); section
    11  490.35 (hindering prosecution of terrorism in the first degree); section
    12  490.37 (criminal possession of a chemical weapon or biological weapon in
    13  the third degree); section 490.40 (criminal  possession  of  a  chemical
    14  weapon or biological weapon in the second degree); section 490.45 (crim-
    15  inal  possession  of a chemical weapon or biological weapon in the first
    16  degree); section 490.47 (criminal use of a chemical weapon or biological
    17  weapon in the third degree); section 490.50 (criminal use of a  chemical
    18  weapon or biological weapon in the second degree); section 490.55 (crim-
    19  inal use of a chemical weapon or biological weapon in the first degree);
    20  or any attempt or conspiracy to commit any of the foregoing offenses.
    21    § 22. Subdivision 42 of section 1.20 of the criminal procedure law, as
    22  amended by chapter 7 of the laws of 2007, is amended to read as follows:
    23    42.  "Juvenile offender" means (1) a person, thirteen years old who is
    24  criminally responsible for acts constituting murder in the second degree
    25  as defined in subdivisions one and two of section 125.25  of  the  penal
    26  law,  or  such  conduct as a sexually motivated felony, where authorized
    27  pursuant to section 130.91 of the penal law; and (2) a  person  fourteen
    28  or fifteen years old who is criminally responsible for acts constituting
    29  the crimes defined in subdivisions one and two of section 125.25 (murder
    30  in  the second degree) and in subdivision three of such section provided
    31  that the underlying crime for the murder charge is one  for  which  such
    32  person  is  criminally  responsible;  section  135.25 (kidnapping in the
    33  first degree); 150.20 (arson in the first degree); subdivisions one  and
    34  two of section 120.10 (assault in the first degree); 125.20 (manslaught-
    35  er  in  the first degree); [subdivisions one and] paragraphs (a) and (b)
    36  of subdivision one, paragraphs (a) and (b) of subdivision two and  para-
    37  graphs  (a)  and (b) of subdivision three of section 130.35 (rape in the
    38  first degree); [subdivisions one and two  of  section  130.50  (criminal
    39  sexual act in the first degree);] 130.70 (aggravated sexual abuse in the
    40  first degree); 140.30 (burglary in the first degree); subdivision one of
    41  section  140.25  (burglary  in  the second degree); 150.15 (arson in the
    42  second degree); 160.15 (robbery in the first degree); subdivision two of
    43  section 160.10 (robbery in the second  degree)  of  the  penal  law;  or
    44  section  265.03 of the penal law, where such machine gun or such firearm
    45  is possessed on school grounds, as that phrase is defined in subdivision
    46  fourteen of section 220.00 of the penal law; or defined in the penal law
    47  as an attempt to commit murder in the second degree or kidnapping in the
    48  first degree, or such conduct as  a  sexually  motivated  felony,  where
    49  authorized pursuant to section 130.91 of the penal law.
    50    §  23.  Paragraphs (a) and (b) of subdivision 1, the opening paragraph
    51  of subdivision 2 and paragraph (a) of subdivision 3 of section 140.20 of
    52  the criminal procedure law, paragraphs (a) and (b) of subdivision  1  as
    53  amended  by  chapter  324  of the laws of 1988, the opening paragraph of
    54  subdivision 2 and paragraph (a) of subdivision 3 as amended  by  chapter
    55  550 of the laws of 1987, are amended to read as follows:

        A. 3340                            10
 
     1    (a)  If  the  arrest is for an offense other than a class A, B, C or D
     2  felony or a violation  of  section  130.25,  [130.40,]  205.10,  205.17,
     3  205.19  or  215.56  of  the  penal law committed in a town, but not in a
     4  village thereof having a village court, and the town court of such  town
     5  is  not available at the time, the arrested person may be brought before
     6  the local criminal court of any village within such town or, any adjoin-
     7  ing town, village embraced in whole or in part by such  adjoining  town,
     8  or city of the same county; and
     9    (b)  If  the  arrest is for an offense other than a class A, B, C or D
    10  felony or a violation  of  section  130.25,  [130.40,]  205.10,  205.17,
    11  205.19  or  215.56  of  the  penal  law  committed in a village having a
    12  village court and such court is not available at the time, the  arrested
    13  person  may  be brought before the town court of the town embracing such
    14  village or any other village court within such town, or, if such town or
    15  village court is not available either, before the local  criminal  court
    16  of  any  adjoining  town,  village  embraced in whole or in part by such
    17  adjoining town, or city of the same county; and
    18    If the arrest is for an offense other than a class A, B, C or D felony
    19  or a violation of section 130.25, [130.40,] 205.10,  205.17,  205.19  or
    20  215.56  of the penal law, the arrested person need not be brought before
    21  a local criminal court as provided in subdivision one, and the procedure
    22  may instead be as follows:
    23    (a) the arrest is for an offense other than a class A, B, C or D felo-
    24  ny or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or
    25  215.56 of the penal law, and
    26    § 24. Paragraph (a) of subdivision 3  and  the  opening  paragraph  of
    27  subdivision  4  of  section  140.27  of  the  criminal procedure law, as
    28  amended by chapter 550 of the laws of  1987,  are  amended  to  read  as
    29  follows:
    30    (a) the arrest is for an offense other than a class A, B, C or D felo-
    31  ny or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or
    32  215.56 of the penal law and
    33    If the arrest is for an offense other than a class A, B, C or D felony
    34  or  a  violation  of section 130.25, [130.40,] 205.10, 205.17, 205.19 or
    35  215.56 of the penal law, the arrested person need not be brought  before
    36  a local criminal court as provided in subdivision two, and the procedure
    37  may instead be as follows:
    38    §  25.  Paragraph  (a)  of  subdivision 2 and the opening paragraph of
    39  subdivision 3 of section  140.40  of  the  criminal  procedure  law,  as
    40  amended  by  chapter  550  of  the  laws of 1987, are amended to read as
    41  follows:
    42    (a) the arrest is for an offense other than a class A, B, C or D felo-
    43  ny or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or
    44  215.56 of the penal law and
    45    If the arrest is for an offense other than a class A, B, C or D felony
    46  or a violation of section 130.25, [130.40,] 205.10,  205.17,  205.19  or
    47  215.56  of the penal law, the arrested person need not be brought before
    48  a local criminal court, as provided in subdivision one, and  the  proce-
    49  dure may instead be as follows:
    50    § 26. Paragraph (a) of subdivision 1 of section 150.20 of the criminal
    51  procedure  law,  as  amended by section 1-a of part JJJ of chapter 59 of
    52  the laws of 2019, is amended to read as follows:
    53    (a) Whenever a police officer is authorized pursuant to section 140.10
    54  of this title to arrest a person without a warrant for an offense  other
    55  than  a  class  A,  B,  C  or D felony or a violation of section 130.25,
    56  [130.40,] 205.10, 205.17, 205.19 or 215.56 of the penal law,  he  shall,

        A. 3340                            11
 
     1  except  as  set out in paragraph (b) of this subdivision, subject to the
     2  provisions of subdivisions three and four  of  section  150.40  of  this
     3  title, instead issue to and serve upon such person an appearance ticket.
     4    § 27. Subdivision (a) of section 190.71 of the criminal procedure law,
     5  as  amended  by  chapter  7  of  the laws of 2007, is amended to read as
     6  follows:
     7    (a) Except as provided in subdivision six of section  200.20  of  this
     8  chapter,  a grand jury may not indict (i) a person thirteen years of age
     9  for any conduct or crime other than conduct constituting a crime defined
    10  in subdivisions one and two of section  125.25  (murder  in  the  second
    11  degree) or such conduct as a sexually motivated felony, where authorized
    12  pursuant  to  section 130.91 of the penal law; (ii) a person fourteen or
    13  fifteen years of age for any conduct or crime other than conduct consti-
    14  tuting a crime defined in subdivisions one and  two  of  section  125.25
    15  (murder  in  the second degree) and in subdivision three of such section
    16  provided that the underlying crime for the  murder  charge  is  one  for
    17  which  such  person is criminally responsible; 135.25 (kidnapping in the
    18  first degree); 150.20 (arson in the first degree); subdivisions one  and
    19  two of section 120.10 (assault in the first degree); 125.20 (manslaught-
    20  er  in  the first degree); [subdivisions one and] paragraphs (a) and (b)
    21  of subdivision one, paragraphs (a) and (b) of subdivision two and  para-
    22  graphs  (a)  and (b) of subdivision three of section 130.35 (rape in the
    23  first degree); [subdivisions one and two  of  section  130.50  (criminal
    24  sexual act in the first degree);] 130.70 (aggravated sexual abuse in the
    25  first degree); 140.30 (burglary in the first degree); subdivision one of
    26  section  140.25  (burglary  in  the second degree); 150.15 (arson in the
    27  second degree); 160.15 (robbery in the first degree); subdivision two of
    28  section 160.10 (robbery in the second degree) of the penal law;  [subdi-
    29  vision  four  of  section 265.02 of the penal law, where such firearm is
    30  possessed on school grounds, as that phrase is  defined  in  subdivision
    31  fourteen  of  section 220.00 of the penal law;] or section 265.03 of the
    32  penal law, where such machine gun or such firearm is possessed on school
    33  grounds, as that phrase is defined in subdivision  fourteen  of  section
    34  220.00  of  the  penal law; or defined in the penal law as an attempt to
    35  commit murder in the second degree or kidnapping in the first degree, or
    36  such conduct as a sexually motivated felony, where  authorized  pursuant
    37  to section 130.91 of the penal law.
    38    §  28.  Subdivision 4 of section 722.20 of the criminal procedure law,
    39  as added by section 1-a of part WWW of chapter 59 of the laws  of  2017,
    40  is amended to read as follows:
    41    4.  Notwithstanding  the  provisions  of subdivisions two and three of
    42  this section, the court shall, at the request of the district  attorney,
    43  order  removal  of  an  action against a juvenile offender to the family
    44  court pursuant to the provisions of article seven hundred twenty-five of
    45  this title if, upon consideration of the criteria specified in  subdivi-
    46  sion  two of section 722.22 of this article, it is determined that to do
    47  so would be in the interests of  justice.  Where,  however,  the  felony
    48  complaint charges the juvenile offender with murder in the second degree
    49  as  defined in section 125.25 of the penal law, rape in the first degree
    50  as defined in paragraph (a) of subdivision one, paragraph (a) of  subdi-
    51  vision  two  and paragraph (a) of subdivision three of section 130.35 of
    52  the penal law, [criminal sexual act in the first degree  as  defined  in
    53  subdivision  one of section 130.50 of the penal law,] or an armed felony
    54  as defined in paragraph (a) of subdivision forty-one of section 1.20  of
    55  this  chapter, a determination that such action be removed to the family
    56  court shall, in addition, be based upon a finding of one or more of  the

        A. 3340                            12
 
     1  following  factors: (i) mitigating circumstances that bear directly upon
     2  the manner in which the crime was committed; or (ii) where the defendant
     3  was not the sole participant in the crime, the defendant's participation
     4  was relatively minor although not so minor as to constitute a defense to
     5  the prosecution; or (iii) possible deficiencies in proof of the crime.
     6    §  29.  Subdivision 5 of section 722.21 of the criminal procedure law,
     7  as added by section 1-a of part WWW of chapter 59 of the laws  of  2017,
     8  is amended to read as follows:
     9    5.  Notwithstanding subdivisions two and three of this section, at the
    10  request of the district attorney, the court shall order  removal  of  an
    11  action  against an adolescent offender charged with an offense listed in
    12  paragraph (a) of subdivision two of section 722.23 of this  article,  to
    13  the  family  court  pursuant  to the provisions of article seven hundred
    14  twenty-five of this title and upon consideration of the criteria  speci-
    15  fied  in subdivision two of section 722.22 of this article, it is deter-
    16  mined that to do so would be in the interests of justice. Where,  howev-
    17  er,  the felony complaint charges the adolescent offender with murder in
    18  the second degree as defined in section 125.25 of the penal law, rape in
    19  the first degree as defined in paragraph (a) of subdivision  one,  para-
    20  graph  (a)  of subdivision two and paragraph (a) of subdivision three of
    21  section 130.35 of the penal law,  [criminal  sexual  act  in  the  first
    22  degree  as  defined  in  subdivision  one of section 130.50 of the penal
    23  law,] or an armed felony as defined  in  paragraph  (a)  of  subdivision
    24  forty-one  of  section  1.20  of this chapter, a determination that such
    25  action be removed to the family court shall, in addition, be based  upon
    26  a  finding  of  one  or  more  of  the following factors: (i) mitigating
    27  circumstances that bear directly upon the manner in which the crime  was
    28  committed;  or  (ii) where the defendant was not the sole participant in
    29  the crime, the defendant's participation was relatively  minor  although
    30  not  so  minor  as  to constitute a defense to the prosecution; or (iii)
    31  possible deficiencies in proof of the crime.
    32    § 30. Paragraph (b) of subdivision 1 of section 722.22 of the criminal
    33  procedure law, as added by section 1-a of part WWW of chapter 59 of  the
    34  laws of 2017, is amended to read as follows:
    35    (b)  with  the  consent  of the district attorney, order removal of an
    36  action involving an indictment charging a juvenile offender with  murder
    37  in the second degree as defined in section 125.25 of the penal law; rape
    38  in  the  first  degree,  as defined in paragraph (a) of subdivision one,
    39  paragraph (a) of subdivision two and paragraph (a) of subdivision  three
    40  of  section  130.35  of the penal law[; criminal sexual act in the first
    41  degree, as defined in subdivision one of section  130.50  of  the  penal
    42  law];  or  an  armed  felony  as defined in paragraph (a) of subdivision
    43  forty-one of section 1.20 of this chapter, to the family court  pursuant
    44  to  the provisions of article seven hundred twenty-five of this title if
    45  the court finds one or more of the  following  factors:  (i)  mitigating
    46  circumstances  that bear directly upon the manner in which the crime was
    47  committed; (ii) where the defendant was not the sole participant in  the
    48  crime,  the  defendant's participation was relatively minor although not
    49  so minor as to constitute a defense to the prosecution; or (iii)  possi-
    50  ble  deficiencies in the proof of the crime, and, after consideration of
    51  the factors set forth in subdivision two  of  this  section,  the  court
    52  determined  that  removal  of the action to the family court would be in
    53  the interests of justice.
    54    § 31. Subparagraph (iii) of paragraph (g) of subdivision 5 of  section
    55  220.10  of  the criminal procedure law, as amended by chapter 264 of the
    56  laws of 2003, is amended to read as follows:

        A. 3340                            13
 
     1    (iii) Where the indictment  does  not  charge  a  crime  specified  in
     2  subparagraph  (i) of this paragraph, the district attorney may recommend
     3  removal of the action to the family court. Upon making such  recommenda-
     4  tion  the district attorney shall submit a subscribed memorandum setting
     5  forth:  (1) a recommendation that the interests of justice would best be
     6  served by removal of the action to the family  court;  and  (2)  if  the
     7  indictment  charges  a thirteen year old with the crime of murder in the
     8  second degree, or a fourteen or fifteen year old with the crimes of rape
     9  in the first degree as defined in  paragraph  (a)  of  subdivision  one,
    10  paragraph  (a) of subdivision two and paragraph (a) of subdivision three
    11  of section 130.35 of the penal law, [or criminal sexual act in the first
    12  degree as defined in subdivision one of  section  130.50  of  the  penal
    13  law,]  or  an  armed  felony  as defined in paragraph (a) of subdivision
    14  forty-one of section 1.20 of this chapter specific factors, one or  more
    15  of which reasonably supports the recommendation, showing, (i) mitigating
    16  circumstances  that bear directly upon the manner in which the crime was
    17  committed, or (ii) where the defendant was not the sole  participant  in
    18  the  crime,  that  the  defendant's  participation  was relatively minor
    19  although not so minor as to constitute a defense to the prosecution,  or
    20  (iii)  possible  deficiencies  in  proof of the crime, or (iv) where the
    21  juvenile offender has no previous adjudications of  having  committed  a
    22  designated  felony act, as defined in subdivision eight of section 301.2
    23  of the family court act, regardless of the age of the  offender  at  the
    24  time  of  commission of the act, that the criminal act was not part of a
    25  pattern of criminal behavior and, in view of the history of  the  offen-
    26  der, is not likely to be repeated.
    27    §  32.  Subdivision 6 of section 300.50 of the criminal procedure law,
    28  as amended by chapter 264 of the laws of 2003, is  amended  to  read  as
    29  follows:
    30    6.  For  purposes  of  this section, the offenses of rape in the third
    31  degree as defined in [subdivision three] subdivisions seven,  eight  and
    32  nine  of section 130.25 of the penal law [and criminal sexual act in the
    33  third degree as defined in subdivision three of section  130.40  of  the
    34  penal  law],  are  not  lesser  included  offenses  of rape in the first
    35  degree[, criminal sexual act in the first degree] or any other  offense.
    36  Notwithstanding  the foregoing, [either] any such offense may be submit-
    37  ted as a lesser included offense of the applicable first degree  offense
    38  when  (i) there is a reasonable view of the evidence which would support
    39  a finding that the defendant committed such lesser offense but  did  not
    40  commit  the  greater  offense,  and  (ii)  both  parties  consent to its
    41  submission.
    42    § 32-a. Subdivision 6 of section 380.50 of the criminal procedure law,
    43  as separately amended by chapters 368 and 394 of the laws  of  2015,  is
    44  amended to read as follows:
    45    6.  Regardless of whether the victim requests to make a statement with
    46  regard to the defendant's sentence, where the defendant is sentenced for
    47  a violent felony offense as defined in section 70.02 of the penal law or
    48  a felony defined in article one hundred twenty-five of such law  or  any
    49  of  the  following  provisions  of  such  law  sections  130.25, 130.30,
    50  [130.40, 130.45,] 255.25, 255.26, 255.27,  article  two  hundred  sixty-
    51  three,  135.10, 135.25, 230.05, 230.06, 230.11, 230.12, 230.13, subdivi-
    52  sion two of section 230.30 or 230.32, the prosecutor shall, within sixty
    53  days of the imposition of sentence, provide  the  victim  with  a  form,
    54  prepared and distributed by the commissioner of the division of criminal
    55  justice  services,  in  consultation  with the director of the office of
    56  victim services, on which  the  victim  may  indicate  a  demand  to  be

        A. 3340                            14

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

        A. 3340                            15
 
     1  155.40 of the penal law, grand larceny in the first degree as defined in
     2  section  155.42 of the penal law, health care fraud in the fourth degree
     3  as defined in section 177.10 of the penal law, health care fraud in  the
     4  third  degree as defined in section 177.15 of the penal law, health care
     5  fraud in the second degree as defined in section  177.20  of  the  penal
     6  law,  health care fraud in the first degree as defined in section 177.25
     7  of the penal law, robbery in the third  degree  as  defined  in  section
     8  160.05  of  the  penal  law,  robbery in the second degree as defined in
     9  section 160.10 of the penal law, robbery in the first degree as  defined
    10  in  section  160.15  of the penal law, unlawful use of secret scientific
    11  material as defined  in  section  165.07  of  the  penal  law,  criminal
    12  possession of stolen property in the fourth degree as defined in section
    13  165.45  of  the penal law, criminal possession of stolen property in the
    14  third degree as defined in section 165.50 of  the  penal  law,  criminal
    15  possession of stolen property in the second degree as defined by section
    16  165.52  of  the penal law, criminal possession of stolen property in the
    17  first degree as defined by section 165.54 of the  penal  law,  trademark
    18  counterfeiting  in the second degree as defined in section 165.72 of the
    19  penal law, trademark counterfeiting in the first degree  as  defined  in
    20  section 165.73 of the penal law, forgery in the second degree as defined
    21  in  section  170.10  of  the  penal  law, forgery in the first degree as
    22  defined in section 170.15 of the penal law,  criminal  possession  of  a
    23  forged  instrument  in the second degree as defined in section 170.25 of
    24  the penal law, criminal possession of a forged instrument in  the  first
    25  degree  as  defined  in  section  170.30  of  the  penal  law,  criminal
    26  possession of forgery devices as defined in section 170.40 of the  penal
    27  law,  falsifying  business  records  in  the  first degree as defined in
    28  section 175.10 of the penal law, tampering with public  records  in  the
    29  first  degree  as defined in section 175.25 of the penal law, offering a
    30  false instrument for filing in the first degree as  defined  in  section
    31  175.35  of  the  penal  law,  issuing  a false certificate as defined in
    32  section 175.40 of the penal  law,  criminal  diversion  of  prescription
    33  medications and prescriptions in the second degree as defined in section
    34  178.20  of the penal law, criminal diversion of prescription medications
    35  and prescriptions in the first degree as defined in  section  178.25  of
    36  the  penal  law,  residential  mortgage  fraud  in  the fourth degree as
    37  defined in section 187.10 of the penal law, residential  mortgage  fraud
    38  in the third degree as defined in section 187.15 of the penal law, resi-
    39  dential mortgage fraud in the second degree as defined in section 187.20
    40  of  the  penal  law,  residential  mortgage fraud in the first degree as
    41  defined in section 187.25 of the penal law, escape in the second  degree
    42  as  defined  in  section  205.10  of  the penal law, escape in the first
    43  degree as defined in section 205.15 of the penal  law,  absconding  from
    44  temporary  release  in  the first degree as defined in section 205.17 of
    45  the penal law, promoting  prison  contraband  in  the  first  degree  as
    46  defined in section 205.25 of the penal law, hindering prosecution in the
    47  second  degree  as defined in section 205.60 of the penal law, hindering
    48  prosecution in the first degree as defined  in  section  205.65  of  the
    49  penal  law,  sex  trafficking  as defined in section 230.34 of the penal
    50  law, sex trafficking of a child as defined in section  230.34-a  of  the
    51  penal  law,  criminal  possession  of  a  weapon  in the third degree as
    52  defined in subdivisions two, three and five of  section  265.02  of  the
    53  penal  law,  criminal  possession  of  a  weapon in the second degree as
    54  defined in section 265.03 of the penal law,  criminal  possession  of  a
    55  weapon  in  the  first  degree as defined in section 265.04 of the penal
    56  law, manufacture, transport, disposition and defacement of  weapons  and

        A. 3340                            16
 
     1  dangerous instruments and appliances defined as felonies in subdivisions
     2  one, two, and three of section 265.10 of the penal law, sections 265.11,
     3  265.12  and  265.13  of  the  penal law, or prohibited use of weapons as
     4  defined  in subdivision two of section 265.35 of the penal law, relating
     5  to firearms and other dangerous weapons, criminal manufacture,  sale  or
     6  transport  of  an  undetectable  firearm, rifle or shotgun as defined in
     7  section 265.50 of the penal law, or failure to disclose the origin of  a
     8  recording  in the first degree as defined in section 275.40 of the penal
     9  law;
    10    § 34. Paragraph (a) of subdivision 2 of section 720.10 of the criminal
    11  procedure law, as amended by chapter 316 of the laws of 2006, is amended
    12  to read as follows:
    13    (a) the conviction to be replaced by a youthful  offender  finding  is
    14  for  (i)  a  class  A-I or class A-II felony, or (ii) an armed felony as
    15  defined in subdivision forty-one of section 1.20, except as provided  in
    16  subdivision  three,  or (iii) rape in the first degree[, criminal sexual
    17  act in the first degree,] or aggravated sexual abuse, except as provided
    18  in subdivision three, or
    19    § 35. Paragraph (a) of subdivision 2 and paragraph (a) of  subdivision
    20  3 of section 168-a of the correction law, paragraph (a) of subdivision 2
    21  as amended by chapter 405 of the laws of 2008, subparagraph (i) of para-
    22  graph (a) of subdivision 2 as amended by chapter 189 of the laws of 2018
    23  and paragraph (a) of subdivision 3 as amended by chapter 107 of the laws
    24  of 2006, are amended to read as follows:
    25    (a)  (i)  a conviction of or a conviction for an attempt to commit any
    26  of the provisions of sections 120.70, 130.20, 130.25,  130.30,  [130.40,
    27  130.45,]  130.60,  230.34, 230.34-a 250.50, 255.25, 255.26 and 255.27 or
    28  article two hundred sixty-three of the penal  law,  or  section  135.05,
    29  135.10,  135.20  or  135.25 of such law relating to kidnapping offenses,
    30  provided the victim of such kidnapping or related offense is  less  than
    31  seventeen years old and the offender is not the parent of the victim, or
    32  section  230.04, where the person patronized is in fact less than seven-
    33  teen years of age, 230.05, 230.06, 230.11, 230.12,  230.13,  subdivision
    34  two  of  section  230.30, section 230.32, 230.33, or 230.34 of the penal
    35  law, or section 230.25 of the penal law where the person prostituted  is
    36  in  fact  less  than  seventeen  years old, or (ii) a conviction of or a
    37  conviction for an attempt to commit any of  the  provisions  of  section
    38  235.22 of the penal law, or (iii) a conviction of or a conviction for an
    39  attempt  to commit any provisions of the foregoing sections committed or
    40  attempted as a hate crime defined in section 485.05 of the penal law  or
    41  as  a  crime  of terrorism defined in section 490.25 of such law or as a
    42  sexually motivated felony defined in section 130.91 of such law; or
    43    (a) (i) a conviction of or a conviction for an attempt to  commit  any
    44  of  the provisions of sections 130.35, [130.50,] 130.65, 130.66, 130.67,
    45  130.70, 130.75, 130.80, 130.95 and 130.96 of the penal law,  or  (ii)  a
    46  conviction  of  or  a  conviction  for  an  attempt to commit any of the
    47  provisions of sections 130.53, 130.65-a and 130.90 of the penal law,  or
    48  (iii)  a  conviction  of  or  a  conviction for an attempt to commit any
    49  provisions of the foregoing sections committed or attempted  as  a  hate
    50  crime  defined  in  section  485.05  of  the  penal law or as a crime of
    51  terrorism defined in section 490.25 of such law; or
    52    § 36. Subparagraph (ii) of paragraph (a), subparagraphs (i)  and  (ii)
    53  of  paragraph (b) and paragraph (e) of subdivision 8 of section 384-b of
    54  the social services law, subparagraph (ii) of paragraph (a) and subpara-
    55  graph (i) of paragraph (b) as amended by chapter  430  of  the  laws  of

        A. 3340                            17
 
     1  2013, subparagraph (ii) of paragraph (b) as amended and paragraph (e) as
     2  added by chapter 7 of the laws of 1999, are amended to read as follows:
     3    (ii)  the  child  has  been found to be an abused child, as defined in
     4  paragraph (iii) of subdivision (e) of section ten hundred twelve of  the
     5  family  court act, as a result of such parent's acts; provided, however,
     6  the respondent must have committed or knowingly allowed to be  committed
     7  a  felony  sex  offense  as  defined in sections 130.25, 130.30, 130.35,
     8  [130.40, 130.45, 130.50,] 130.65, 130.67, 130.70, 130.75, 130.80, 130.95
     9  and 130.96 of the penal law and, for the purposes of  this  section  the
    10  corroboration requirements contained in the penal law shall not apply to
    11  proceedings under this section; or
    12    (i)  the child has been found to be an abused child, (A) as defined in
    13  paragraph (i) of subdivision (e) of section ten hundred  twelve  of  the
    14  family  court  act, as a result of such parent's acts; or (B) as defined
    15  in paragraph (iii) of subdivision (e) of section ten hundred  twelve  of
    16  the  family  court  act,  as  a  result of such parent's acts; provided,
    17  however, the respondent must have committed or knowingly allowed  to  be
    18  committed  a  felony  sex offense as defined in sections 130.25, 130.30,
    19  130.35,  [130.40,  130.45,  130.50,]  130.65,  130.67,  130.70,  130.75,
    20  130.80, 130.95 and 130.96 of the penal law; and
    21    (ii)  (A)  the child or another child for whose care such parent is or
    22  has been legally responsible has been previously found, within the  five
    23  years  immediately  preceding  the initiation of the proceeding in which
    24  such abuse is found, to be an abused child, as defined in paragraph  (i)
    25  or  (iii) of subdivision (e) of section ten hundred twelve of the family
    26  court act, as a result of such parent's acts; provided, however, in  the
    27  case  of a finding of abuse as defined in paragraph (iii) of subdivision
    28  (e) of section ten hundred twelve of the family court act the respondent
    29  must have committed or knowingly allowed to be committed  a  felony  sex
    30  offense  as defined in sections 130.25, 130.30, 130.35, [130.40, 130.45,
    31  130.50,] 130.65, 130.67, 130.70, 130.75 and 130.80 of the penal law,  or
    32  (B)  the  parent  has  been  convicted  of a crime under section 130.25,
    33  130.30, 130.35, [130.40, 130.45, 130.50,] 130.65, 130.67, 130.70, 130.75
    34  or 130.80 of the penal law against the child, a sibling of the child  or
    35  another  child for whose care such parent is or has been legally respon-
    36  sible, within the five year period immediately preceding the  initiation
    37  of the proceeding in which abuse is found; and
    38    (e) A determination by the court in accordance with article ten of the
    39  family  court  act based upon clear and convincing evidence that a child
    40  was abused (A) as defined in paragraph (i) of subdivision (e) of section
    41  ten hundred twelve of the family court act, as a result of such parent's
    42  acts; or (B) as defined in paragraph (iii) of subdivision (e) of section
    43  ten hundred twelve of the family court act, as a result of such parent's
    44  acts; provided, however, the respondent must have committed or knowingly
    45  allowed to be committed a felony sex  offense  as  defined  in  sections
    46  130.25,  130.30,  130.35,  [130.40,  130.45,  130.50,]  130.65,  130.67,
    47  130.70, 130.75 and 130.80 of the penal  law  shall  establish  that  the
    48  child was an abused child for the purpose of a determination as required
    49  by subparagraph (i) or (ii) of paragraph (b) of this subdivision. Such a
    50  determination  by the court in accordance with article ten of the family
    51  court act based upon a fair preponderance of evidence shall be  admissi-
    52  ble in any proceeding commenced in accordance with this section.
    53    § 37. Paragraphs (a) and (b) of subdivision 4 of section 509-cc of the
    54  vehicle  and traffic law, paragraph (a) as amended by chapter 189 of the
    55  laws of 2018 and paragraph (b) as amended by chapter 400 of the laws  of
    56  2011, are amended to read as follows:

        A. 3340                            18
 
     1    (a)  The offenses referred to in subparagraph (ii) of paragraph (a) of
     2  subdivision one and paragraph (a) of subdivision  two  of  this  section
     3  that  result  in  permanent  disqualification shall include a conviction
     4  under sections 125.12, 125.13, 125.14, 125.15, 125.20,  125.21,  125.22,
     5  125.25,  125.26,  125.27,  130.30,  130.35,  [130.45,  130.50,]  130.65,
     6  130.66, 130.67, 130.70, 130.75, 130.80, 130.90, 130.95, 130.96,  135.25,
     7  150.20,  230.30,  230.32,  230.34,  230.34-a,  235.22,  263.05,  263.10,
     8  263.11, 263.15, 263.16 of the penal law or an attempt to commit  any  of
     9  the  aforesaid  offenses  under  section 110.00 of the penal law, or any
    10  offenses committed under a former section of the penal law  which  would
    11  constitute violations of the aforesaid sections of the penal law, or any
    12  offenses  committed outside this state which would constitute violations
    13  of the aforesaid sections of the penal law.
    14    (b) The offenses referred to in subparagraph (ii) of paragraph (a)  of
    15  subdivision  one  and  paragraph  (b) of subdivision two of this section
    16  that result in permanent disqualification  shall  include  a  conviction
    17  under  sections  100.13, 105.15, 105.17, 115.08, 120.12, 120.70, 125.10,
    18  125.11, [130.40,] 130.53,  130.60,  130.65-a,  135.20,  160.15,  220.18,
    19  220.21,  220.39,  220.41,  220.43, 220.44, 230.25, 260.00, 265.04 of the
    20  penal law or an attempt to commit any of the  aforesaid  offenses  under
    21  section  110.00  of  the  penal  law,  or any offenses committed under a
    22  former section of the penal law which would constitute violations of the
    23  aforesaid sections of the penal law, or any offenses  committed  outside
    24  this  state  which would constitute violations of the aforesaid sections
    25  of the penal law.
    26    § 38. The opening paragraph of subdivision (b) of section 117  of  the
    27  family  court  act,  as  amended  by  chapter 38 of the laws of 2022, is
    28  amended to read as follows:
    29    For every juvenile delinquency proceeding under article three  involv-
    30  ing  an  allegation of an act committed by a person which, if done by an
    31  adult, would be a crime (i) defined in sections 125.27  (murder  in  the
    32  first  degree); 125.25 (murder in the second degree); 135.25 (kidnapping
    33  in the first degree); or 150.20 (arson in the first degree) of the penal
    34  law committed by a  person  thirteen,  fourteen,  fifteen,  sixteen,  or
    35  seventeen  years  of  age; or such conduct committed as a sexually moti-
    36  vated felony, where authorized pursuant to section 130.91 of  the  penal
    37  law;  (ii)  defined  in  sections  120.10 (assault in the first degree);
    38  125.20 (manslaughter in the first degree); 130.35  (rape  in  the  first
    39  degree);  [130.50  (criminal  sexual  act  in the first degree);] 130.70
    40  (aggravated sexual abuse in the first degree); 135.20 (kidnapping in the
    41  second degree), but only where the abduction involved the use or  threat
    42  of use of deadly physical force; 150.15 (arson in the second degree); or
    43  160.15  (robbery  in  the  first degree) of the penal law committed by a
    44  person thirteen, fourteen, fifteen, sixteen, or seventeen years of  age;
    45  or  such conduct committed as a sexually motivated felony, where author-
    46  ized pursuant to section 130.91 of the penal law; (iii) defined  in  the
    47  penal  law  as an attempt to commit murder in the first or second degree
    48  or kidnapping in the first degree committed by a person thirteen,  four-
    49  teen,  fifteen,  sixteen,  or  seventeen  years  of age; or such conduct
    50  committed as a sexually motivated felony, where authorized  pursuant  to
    51  section  130.91  of  the  penal  law;  (iv)  defined  in  section 140.30
    52  (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. 3340                            19
 
     1  section 220.00 of the penal law committed by a person fourteen, fifteen,
     2  sixteen, or seventeen years of age; or such conduct committed as a sexu-
     3  ally  motivated  felony,  where authorized pursuant to section 130.91 of
     4  the  penal  law;  (v)  defined  in section 120.05 (assault in the second
     5  degree) or 160.10 (robbery in  the  second  degree)  of  the  penal  law
     6  committed  by a person fourteen, fifteen, sixteen, or seventeen years of
     7  age but only where there has been a prior finding by a court  that  such
     8  person  has previously committed an act which, if committed by an adult,
     9  would be the crime of assault in  the  second  degree,  robbery  in  the
    10  second degree or any designated felony act specified in clause (i), (ii)
    11  or (iii) of this subdivision regardless of the age of such person at the
    12  time  of the commission of the prior act; or (vi) other than a misdemea-
    13  nor, committed by a person at least twelve but less than eighteen  years
    14  of  age,  but only where there have been two prior findings by the court
    15  that such person has committed a prior act which,  if  committed  by  an
    16  adult, would be a felony:
    17    §  39.  Subdivision  4  of  section  308.1 of the family court act, as
    18  amended by chapter 264 of the laws  of  2003,  is  amended  to  read  as
    19  follows:
    20    4.  The  probation  service shall not adjust a case in which the child
    21  has allegedly committed a delinquent act which would be a crime  defined
    22  in section 120.25, (reckless endangerment in the first degree), subdivi-
    23  sion one of section 125.15, (manslaughter in the second degree), [subdi-
    24  vision]  subdivisions one, two and three of section 130.25, (rape in the
    25  third degree), [subdivision one of section 130.40, (criminal sexual  act
    26  in the third degree),] subdivision one or two of section 130.65, (sexual
    27  abuse  in  the  first  degree),  section  135.65, (coercion in the first
    28  degree), section 140.20, (burglary in the third degree), section 150.10,
    29  (arson in the third degree),  section  160.05,  (robbery  in  the  third
    30  degree),  subdivision  two,  three  or four of section 265.02, (criminal
    31  possession of a weapon in the third degree), section  265.03,  (criminal
    32  possession of a weapon in the second degree), or section 265.04, (crimi-
    33  nal  possession  of a dangerous weapon in the first degree) of the penal
    34  law where the child has previously had one or more adjustments of a case
    35  in which such child allegedly committed an act which would  be  a  crime
    36  specified  in  this  subdivision unless it has received written approval
    37  from the court and the appropriate presentment agency.
    38    § 40. Subdivision (c) of section 1052 of  the  family  court  act,  as
    39  added by chapter 739 of the laws of 1981, is amended to read as follows:
    40    (c)  Prior to granting an order of disposition pursuant to subdivision
    41  (a) of this section following an adjudication of child abuse, as defined
    42  in paragraph (i) of subdivision (e) of section  ten  hundred  twelve  of
    43  this  act  or  a  finding of a felony sex offense as defined in sections
    44  130.25, 130.30, 130.35, [130.40, 130.45, 130.50,] 130.65 and  130.70  of
    45  the penal law, the court shall advise the respondent that any subsequent
    46  adjudication  of child abuse, as defined in paragraph (i) of subdivision
    47  (e) of section one thousand twelve of this act or any subsequent finding
    48  of a felony sex offense as defined in those sections of  the  penal  law
    49  herein  enumerated,  arising out of acts of the respondent may result in
    50  the commitment of the guardianship and custody of the child  or  another
    51  child  pursuant  to  section  three  hundred eighty-four-b of the social
    52  services law. The order in such cases shall contain a statement that any
    53  subsequent adjudication of child  abuse  or  finding  of  a  felony  sex
    54  offense  as described herein may result in the commitment of the guardi-
    55  anship and custody of the child, or another child  pursuant  to  section
    56  three hundred eighty-four-b of the social services law.

        A. 3340                            20
 
     1    §  41. Subdivision 2 of section 64 of the civil rights law, as amended
     2  by chapter 163 of the laws of 2022, is amended to read as follows:
     3    2.  (a) If the petition states that the petitioner stands convicted of
     4  a violent felony offense as defined in section 70.02 of the penal law or
     5  a felony defined in article one hundred twenty-five of such law  or  any
     6  of  the  following  provisions  of  such  law  sections  130.25, 130.30,
     7  [130.40, 130.45,] 255.25, 255.26, 255.27,  article  two  hundred  sixty-
     8  three, 135.10, 135.25, 230.05, 230.06, subdivision two of section 230.30
     9  or  230.32,  the  clerk of the court in which the order has been entered
    10  shall deliver, by first class mail, a copy of such  certified  order  to
    11  the division of criminal justice services at its office in the county of
    12  Albany and (b) if the petition states that the petitioner is responsible
    13  for  spousal  support  or  child  support  obligations pursuant to court
    14  order, upon review of the petitioner's application for name  change  and
    15  subsequent  inquiry, the court shall order the petitioner to deliver, by
    16  first class mail, the petitioner's new name with such certified order to
    17  the court of competent jurisdiction which imposed the orders of support.
    18  If a party to the order is receiving child support services pursuant  to
    19  title six-A of article three of the social services law, a copy shall be
    20  mailed  to the support collection unit of the applicable social services
    21  district providing such services to a party.  Such  certification  shall
    22  appear on the original order and on any certified copy thereof and shall
    23  be entered in the court's minutes of the proceeding.
    24    § 42. Section 213-c of the civil practice law and rules, as amended by
    25  chapter 315 of the laws of 2019, is amended to read as follows:
    26    §  213-c.  Action  by  victim  of  conduct constituting certain sexual
    27  offenses. Notwithstanding any other limitation set forth in  this  arti-
    28  cle,  except as provided in subdivision (b) of section two hundred eight
    29  of this article, all civil claims or causes of  action  brought  by  any
    30  person for physical, psychological or other injury or condition suffered
    31  by such person as a result of conduct which would constitute rape in the
    32  first  degree  as defined in section 130.35 of the penal law, or rape in
    33  the second degree as defined in subdivision two of section 130.30 of the
    34  penal law, or rape in the third degree as defined in subdivision one  or
    35  three of section 130.25 of the penal law, [or criminal sexual act in the
    36  first  degree as defined in section 130.50 of the penal law, or criminal
    37  sexual act in the second degree as defined in subdivision two of section
    38  130.45 of the penal law, or criminal sexual act in the third  degree  as
    39  defined in subdivision one or three of section 130.40 of the penal law,]
    40  or  incest in the first degree as defined in section 255.27 of the penal
    41  law, or incest in the second degree as defined in section 255.26 of  the
    42  penal  law  (where  the  crime committed is rape in the second degree as
    43  defined in subdivision two of section 130.30 of the penal law [or crimi-
    44  nal sexual act in the second degree as defined  in  subdivision  two  of
    45  section  130.45]),  or  aggravated  sexual  abuse in the first degree as
    46  defined in section 130.70 of the penal law, or course of sexual  conduct
    47  against  a child in the first degree as defined in section 130.75 of the
    48  penal law may be brought against any party whose intentional  or  negli-
    49  gent acts or omissions are alleged to have resulted in the commission of
    50  the  said conduct, within twenty years. Nothing in this section shall be
    51  construed to require that a criminal charge be  brought  or  a  criminal
    52  conviction  be  obtained  as  a  condition  of bringing a civil cause of
    53  action or receiving a civil judgment pursuant  to  this  section  or  be
    54  construed to require that any of the rules governing a criminal proceed-
    55  ing be applicable to any such civil action.

        A. 3340                            21
 
     1    § 43. Paragraph (b) of subdivision 8 of section 215 of the civil prac-
     2  tice  law  and  rules,  as  added  by  chapter 3 of the laws of 2006, is
     3  amended to read as follows:
     4    (b)  Whenever  it  is  shown  that  a criminal action against the same
     5  defendant has been commenced with respect to  the  event  or  occurrence
     6  from  which  a  claim governed by this section arises, and such criminal
     7  action is for rape in the first degree as defined in section  130.35  of
     8  the penal law, [or criminal sexual act in the first degree as defined in
     9  section  130.50  of  the  penal  law,] or aggravated sexual abuse in the
    10  first degree as defined in section 130.70 of the penal law, or course of
    11  sexual conduct against a child in the first degree as defined in section
    12  130.75 of the penal law, the plaintiff shall have at  least  five  years
    13  from  the  termination of the criminal action as defined in section 1.20
    14  of the criminal procedure law in which to  commence  the  civil  action,
    15  notwithstanding  that  the  time  in  which  to commence such action has
    16  already expired or has less than a year remaining.
    17    § 44. Subdivision 11 of section 123 of  the  agriculture  and  markets
    18  law,  as amended by chapter 392 of the laws of 2004, and such section as
    19  renumbered by section 18 of part T of chapter 59 of the laws of 2010, is
    20  amended to read as follows:
    21    11. The owner shall not be liable pursuant to subdivision six,  seven,
    22  eight,  nine  or ten of this section if the dog was coming to the aid or
    23  defense of a person during the commission or attempted commission  of  a
    24  murder, robbery, burglary, arson, rape in the first degree as defined in
    25  paragraph  (a)  or  (b) of subdivision one [or], paragraph (a) or (b) of
    26  subdivision two or paragraph (a) or (b) of subdivision three of  section
    27  130.35  of  the  penal  law[, criminal sexual act in the first degree as
    28  defined in subdivision one or two of section 130.50 of the penal law] or
    29  kidnapping within the dwelling or upon the real property of the owner of
    30  the dog and the dog injured or killed the person committing such  crimi-
    31  nal activity.
    32    §  45.  Section 4 of the judiciary law, as amended by chapter 1 of the
    33  laws of 2019, is amended to read as follows:
    34    § 4. Sittings of courts to be public.  The  sittings  of  every  court
    35  within  this  state shall be public, and every citizen may freely attend
    36  the same, except that  in  all  proceedings  and  trials  in  cases  for
    37  divorce,  seduction, rape, assault with intent to commit rape, [criminal
    38  sexual act,] bastardy or filiation, the court may,  in  its  discretion,
    39  exclude  therefrom  all persons who are not directly interested therein,
    40  excepting jurors, witnesses, and officers of the court.
    41    § 46. Subdivision 2 of section 120.60 of the penal law, as amended  by
    42  chapter 434 of the laws of 2000, is amended to read as follows:
    43    2. commits a class A misdemeanor defined in article one hundred thirty
    44  of this chapter, or a class E felony defined in section 130.25, [130.40]
    45  or 130.85 of this chapter, or a class D felony defined in section 130.30
    46  [or 130.45] of this chapter.
    47    §  47.  Subdivision 1 of section 210.16 of the criminal procedure law,
    48  as added by chapter 571 of the laws of  2007,  is  amended  to  read  as
    49  follows:
    50    1.  (a)  In a case where an indictment or a superior court information
    51  has been filed with a superior court which charges the defendant with  a
    52  felony  offense  enumerated in any section of article one hundred thirty
    53  of the penal law where an act of "[sexual  intercourse]  vaginal  sexual
    54  contact",  "oral  sexual  [conduct]  contact"  or "anal sexual [conduct]
    55  contact," as those terms are defined in section 130.00 of the penal law,
    56  is required as an essential element  for  the  commission  thereof,  the

        A. 3340                            22

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

        A. 3340                            23
 
     1    1. (a) In any proceeding where the respondent  is  found  pursuant  to
     2  section  345.1  or  346.1  of  this  article, to have committed a felony
     3  offense enumerated in any section of article one hundred thirty  of  the
     4  penal  law,  or any subdivision of section 130.20 of such law, for which
     5  an  act  of  "[sexual intercourse] vaginal sexual contact", "oral sexual
     6  [conduct] contact" or "anal sexual [conduct] contact",  as  those  terms
     7  are defined in section 130.00 of the penal law, is required as an essen-
     8  tial  element for the commission thereof, the court must, upon a request
     9  of the victim, order that the respondent submit to human immunodeficien-
    10  cy (HIV) related testing. The testing is to be  conducted  by  a  state,
    11  county,  or  local  public  health officer designated by the order. Test
    12  results, which shall not be disclosed to the court,  shall  be  communi-
    13  cated  to the respondent and the victim named in the order in accordance
    14  with the provisions of section twenty-seven hundred eighty-five-a of the
    15  public health law.
    16    (b) For the purposes of this section,  the  term  "victim"  means  the
    17  person  with  whom  the  respondent engaged in an act of "[sexual inter-
    18  course] vaginal sexual contact",  "oral  sexual  [conduct]  contact"  or
    19  "anal  sexual  [conduct] contact", as those terms are defined in section
    20  130.00 of the penal law, where such conduct with  such  victim  was  the
    21  basis for the court's finding that the respondent committed acts consti-
    22  tuting  one  or  more of the offenses specified in paragraph (a) of this
    23  subdivision.
    24    § 50. Subdivision (a) of section 130.16 of the penal law,  as  amended
    25  by chapter 264 of the laws of 2003, is amended to read as follows:
    26    (a) Establish that an attempt was made to engage the victim in [sexual
    27  intercourse] vaginal sexual contact, oral sexual [conduct] contact, anal
    28  sexual  [conduct] contact, or sexual contact, as the case may be, at the
    29  time of the occurrence; and
    30    § 51. Section 130.20 of the penal law, as amended by chapter 1 of  the
    31  laws  of  2000,  subdivision  2 as amended by chapter 264 of the laws of
    32  2003, is amended to read as follows:
    33  § 130.20 Sexual misconduct.
    34    A person is guilty of sexual misconduct when:
    35    1. He or she engages in [sexual intercourse]  vaginal  sexual  contact
    36  with another person without such person's consent; or
    37    2.  He  or she engages in oral sexual [conduct or anal sexual conduct]
    38  contact with another person without such person's consent; or
    39    3.  He or she engages in anal sexual contact with another person with-
    40  out such person's consent; or
    41    4. He or she engages in sexual conduct with an animal or a dead  human
    42  body.
    43    Sexual misconduct is a class A misdemeanor.
    44    § 52. Paragraphs (a) and (b) of subdivision 1 of section 130.75 of the
    45  penal law, as amended by chapter 264 of the laws of 2003, are amended to
    46  read as follows:
    47    (a)  he  or  she  engages in two or more acts of sexual conduct, which
    48  includes at  least  one  act  of  [sexual  intercourse]  vaginal  sexual
    49  contact, oral sexual [conduct] contact, anal sexual [conduct] contact or
    50  aggravated sexual contact, with a child less than eleven years old; or
    51    (b)  he  or  she,  being eighteen years old or more, engages in two or
    52  more acts of sexual conduct, which include at least one act  of  [sexual
    53  intercourse] vaginal sexual contact, oral sexual [conduct] contact, anal
    54  sexual [conduct] contact or aggravated sexual contact, with a child less
    55  than thirteen years old.

        A. 3340                            24
 
     1    §  53. Subdivision 1 of section 235.00 of the penal law, as amended by
     2  chapter 264 of the laws of 2003, is amended to read as follows:
     3    1.  "Obscene."  Any  material  or  performance is "obscene" if (a) the
     4  average person, applying contemporary community  standards,  would  find
     5  that  considered  as  a whole, its predominant appeal is to the prurient
     6  interest in sex, and (b) it depicts or describes in a patently offensive
     7  manner,  actual  or  simulated:  [sexual  intercourse]  vaginal   sexual
     8  contact, [criminal sexual act] oral sexual contact, anal sexual contact,
     9  sexual  bestiality,  masturbation,  sadism, masochism, excretion or lewd
    10  exhibition of the genitals, and (c) considered  as  a  whole,  it  lacks
    11  serious literary, artistic, political, and scientific value. Predominant
    12  appeal  shall  be  judged  with  reference  to ordinary adults unless it
    13  appears from the character of the material or the circumstances  of  its
    14  dissemination to be designed for children or other [specially] especial-
    15  ly susceptible audience.
    16    §  54. Subdivision 2 of section 235.22 of the penal law, as amended by
    17  chapter 264 of the laws of 2003, is amended to read as follows:
    18    2. by means of such communication he importunes, invites or induces  a
    19  minor  to  engage  in  [sexual intercourse] vaginal sexual contact, oral
    20  sexual [conduct] contact or anal sexual  [conduct]  contact,  or  sexual
    21  contact  with  him, or to engage in a sexual performance, obscene sexual
    22  performance, or sexual conduct for his benefit.
    23    § 55. Section 255.25 of the penal law, as amended by  chapter  320  of
    24  the laws of 2006, is amended to read as follows:
    25  § 255.25 Incest in the third degree.
    26    A  person  is  guilty  of  incest  in  the third degree when he or she
    27  marries or engages in [sexual intercourse] vaginal sexual contact,  oral
    28  sexual  [conduct] contact or anal sexual [conduct] contact with a person
    29  whom he or she knows to be  related  to  him  or  her,  whether  through
    30  marriage or not, as an ancestor, descendant, brother or sister of either
    31  the whole or the half blood, uncle, aunt, nephew or niece.
    32    Incest in the third degree is a class E felony.
    33    §  56. Subdivision 3 of section 263.00 of the penal law, as amended by
    34  chapter 264 of the laws of 2003, is amended to read as follows:
    35    3. "Sexual conduct" means actual  or  simulated  [sexual  intercourse]
    36  vaginal  sexual  contact,  oral  sexual  [conduct]  contact, anal sexual
    37  [conduct]contact,  sexual  bestiality,  masturbation,   sado-masochistic
    38  abuse, or lewd exhibition of the genitals.
    39    § 57. Subdivision 3 of section 60.42 of the criminal procedure law, as
    40  amended  by  section  1  of part R of chapter 55 of the laws of 2019, is
    41  amended to read as follows:
    42    3. rebuts evidence introduced by the people of the victim's failure to
    43  engage in [sexual  intercourse]  vaginal  sexual  contact,  oral  sexual
    44  [conduct]  contact,  anal  sexual  [conduct]  contact  or sexual contact
    45  during a given period of time; or
    46    § 58. Subdivision 3 of section 344.4  of  the  family  court  act,  as
    47  amended  by  chapter  264  of  the  laws  of 2003, is amended to read as
    48  follows:
    49    3. rebuts  evidence  introduced  by  the  presentment  agency  of  the
    50  victim's  failure  to  engage  in  [sexual  intercourse]  vaginal sexual
    51  contact, oral sexual [conduct] contact, anal sexual [conduct] contact or
    52  sexual contact during a given period of time; or
    53    § 59. Subdivision 4 of section 170 of the domestic relations  law,  as
    54  amended  by  chapter  264  of  the  laws  of 2003, is amended to read as
    55  follows:

        A. 3340                            25
 
     1    (4) The commission of an act of adultery, provided that  adultery  for
     2  the  purposes  of articles ten, eleven, and eleven-A of this chapter, is
     3  hereby defined as the commission of an act of [sexual intercourse] vagi-
     4  nal sexual  contact,  oral  sexual  [conduct]  contact  or  anal  sexual
     5  [conduct] contact, voluntarily performed by the defendant, with a person
     6  other  than the plaintiff after the marriage of plaintiff and defendant.
     7  Oral sexual [conduct] contact and anal sexual [conduct] contact include,
     8  but are not limited to, sexual conduct as defined in subdivision two  of
     9  section  130.00  and  subdivision  [three] four of section 130.20 of the
    10  penal law.
    11    § 60.  The first undesignated paragraph of section 135.61 of the penal
    12  law, as added by section 2 of part NN of chapter 55 of the laws of 2018,
    13  is amended to read as follows:
    14    A person is guilty of coercion in the second degree  when  he  or  she
    15  commits  the crime of coercion in the third degree as defined in section
    16  135.60 of this article and thereby compels or induces a person to engage
    17  in [sexual intercourse] vaginal sexual contact,  oral  sexual  [conduct]
    18  contact  or  anal  sexual [conduct] contact as such terms are defined in
    19  section [130 of the penal law] 130.00 of this title.
    20    § 61. The first undesignated paragraph of section 230.11 of the  penal
    21  law,  as added by chapter 368 of the laws of 2015, is amended to read as
    22  follows:
    23    A person is guilty of aggravated patronizing a minor for  prostitution
    24  in  the third degree when, being twenty-one years old or more, he or she
    25  patronizes a person for prostitution and the person patronized  is  less
    26  than seventeen years old and the person guilty of patronizing engages in
    27  [sexual  intercourse]  vaginal  sexual  contact,  oral  sexual [conduct]
    28  contact, anal sexual [conduct] contact, or aggravated  sexual  [conduct]
    29  contact  as those terms are defined in section 130.00 of this part, with
    30  the person patronized.
    31    § 62. The first undesignated paragraph of section 230.12 of the  penal
    32  law,  as added by chapter 368 of the laws of 2015, is amended to read as
    33  follows:
    34    A person is guilty of aggravated patronizing a minor for  prostitution
    35  in  the  second degree when, being eighteen years old or more, he or she
    36  patronizes a person for prostitution and the person patronized  is  less
    37  than  fifteen  years old and the person guilty of patronizing engages in
    38  [sexual intercourse]  vaginal  sexual  contact,  oral  sexual  [conduct]
    39  contact,  anal  sexual [conduct] contact, or aggravated sexual [conduct]
    40  contact as those terms are defined in section 130.00 of this part,  with
    41  the person patronized.
    42    §  63. The first undesignated paragraph of section 230.13 of the penal
    43  law, as added by chapter 368 of  the laws of 2015, is amended to read as
    44  follows:
    45    A person is guilty of aggravated patronizing a minor for  prostitution
    46  in  the first degree when he or she patronizes a person for prostitution
    47  and the person patronized is less than eleven years old, or being  eigh-
    48  teen  years  old or more, he or she patronizes a person for prostitution
    49  and the person patronized is less  than  thirteen  years  old,  and  the
    50  person  guilty  of  patronizing  engages in [sexual intercourse] vaginal
    51  sexual contact, oral sexual [conduct]  contact,  anal  sexual  [conduct]
    52  contact,  or  aggravated  sexual  [conduct]  contact  as those terms are
    53  defined in section 130.00 of this part, with the person patronized.
    54    § 64.  Subdivision 4 of section 200 of the domestic relations law,  as
    55  amended  by  chapter  264  of  the  laws  of 2003, is amended to read as
    56  follows:

        A. 3340                            26
 
     1    4. The commission of an act of adultery by the defendant; except where
     2  such offense is committed by the procurement or with the  connivance  of
     3  the  plaintiff  or  where there is voluntary cohabitation of the parties
     4  with the knowledge of the offense or  where  action  was  not  commenced
     5  within  five  years  after the discovery by the plaintiff of the offense
     6  charged or where the plaintiff has also been guilty  of  adultery  under
     7  such circumstances that the defendant would have been entitled, if inno-
     8  cent,  to  a  divorce,  provided  that adultery for the purposes of this
     9  subdivision is hereby defined as the commission of  an  act  of  [sexual
    10  intercourse]  vaginal  sexual  contact, oral sexual [conduct] contact or
    11  anal sexual [conduct] contact, voluntarily performed by  the  defendant,
    12  with  a  person other than the plaintiff after the marriage of plaintiff
    13  and defendant. Oral sexual [conduct] contact and anal  sexual  [conduct]
    14  contact  include,  but  are not limited to, sexual conduct as defined in
    15  subdivision two of  section  130.00  and  subdivision  [three]  four  of
    16  section 130.20 of the penal law.
    17    §  65. As it pertains to the repealed sections of law, nothing in this
    18  act shall affect a requirement to register pursuant to  article  6-C  of
    19  the  correction law; a lawfully required disclosure of a conviction; any
    20  restriction or prohibition for certain types of employment, housing,  or
    21  government  benefit; or any other ongoing matter related to a conviction
    22  of the sections repealed in this act.
    23    § 66. This act shall take effect January 1, 2024 and  shall  apply  to
    24  any offense on or after such effective date.
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