S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4959
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 9, 2015
                                      ___________
       Introduced  by  M.  of  A.  SIMOTAS, COLTON, AUBRY, SCARBOROUGH, MARKEY,
         ENGLEBRIGHT, BRAUNSTEIN, DenDEKKER, BRINDISI, MORELLE, JAFFEE,  PERRY,
         CLARK,  COOK,  ROBERTS,  HOOPER, WEPRIN, SANTABARBARA, SKOUFIS, ROZIC,
         HEVESI, QUART, LIFTON, GJONAJ, OTIS, SEPULVEDA,  McDONALD,  MOSLEY  --
         Multi-Sponsored  by  --  M.  of  A. ARROYO, BRENNAN, BUCHWALD, CORWIN,
         DUPREY, FINCH, FITZPATRICK, GALEF, GLICK,  GOODELL,  HIKIND,  LUPARDO,
         MALLIOTAKIS, McDONOUGH, MONTESANO, PEOPLES-STOKES, RA, ROBINSON, SCHI-
         MEL, WALTER -- read once and referred to the Committee on Codes
       AN  ACT  to  amend  the  penal  law,  the  criminal  procedure  law, the
         correction law, the social services law, the vehicle and traffic  law,
         the family court act, the civil rights law, the civil practice law and
         rules,  the  agriculture  and  markets  law  and the judiciary law, in
         relation to 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    2  REPEALED.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    S  2.  Subdivision  1 of section 130.00 of the penal law is amended to
    4  read as follows:
    5    1. "Sexual intercourse" [has its ordinary meaning and occurs upon  any
    6  penetration, however slight] MEANS CONDUCT BETWEEN PERSONS CONSISTING OF
    7  CONTACT BETWEEN THE PENIS AND THE VAGINA OR VULVA.
    8    S  3.  Section 130.25 of the penal law, as amended by chapter 1 of the
    9  laws of 2000, is amended to read as follows:
   10  S 130.25 Rape in the third degree.
   11    A person is guilty of rape in the third degree when:
   12    1. He or she engages in sexual intercourse with another person who  is
   13  incapable of consent by reason of some factor other than being less than
   14  seventeen years old;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06040-02-5
       A. 4959                             2
    1    2.  HE  OR  SHE  ENGAGES IN ORAL SEXUAL CONDUCT OR ANAL SEXUAL CONDUCT
    2  WITH ANOTHER PERSON WHO IS INCAPABLE OF CONSENT BY REASON OF SOME FACTOR
    3  OTHER THAN BEING LESS THAN SEVENTEEN YEARS OLD;
    4    3.  Being  twenty-one  years  old or more, he or she engages in sexual
    5  intercourse with another person less than seventeen years old; [or
    6    3.] 4.  BEING TWENTY-ONE YEARS OLD OR MORE, HE OR SHE ENGAGES IN  ORAL
    7  SEXUAL  CONDUCT  OR  ANAL  SEXUAL  CONDUCT WITH ANOTHER PERSON LESS THAN
    8  SEVENTEEN YEARS OLD;
    9    5. He or she engages in sexual intercourse with another person without
   10  such person's consent where such lack of consent is by  reason  of  some
   11  factor other than incapacity to consent[.]; OR
   12    6.  HE  OR  SHE  ENGAGES IN ORAL SEXUAL CONDUCT OR ANAL SEXUAL CONDUCT
   13  WITH ANOTHER PERSON WITHOUT SUCH PERSON'S CONSENT  WHERE  SUCH  LACK  OF
   14  CONSENT IS BY REASON OF SOME FACTOR OTHER THAN INCAPACITY TO CONSENT.
   15    Rape in the third degree is a class E felony.
   16    S  4.  Section 130.30 of the penal law, as amended by chapter 1 of the
   17  laws of 2000, is amended to read as follows:
   18  S 130.30 Rape in the second degree.
   19    A person is guilty of rape in the second degree when:
   20    1. being eighteen years old or more,  he  or  she  engages  in  sexual
   21  intercourse with another person less than fifteen years old; [or]
   22    2.  BEING EIGHTEEN YEARS OLD OR MORE, HE OR SHE ENGAGES IN ORAL SEXUAL
   23  CONDUCT OR ANAL SEXUAL CONDUCT WITH ANOTHER  PERSON  LESS  THAN  FIFTEEN
   24  YEARS OLD;
   25    3.  he or she engages in sexual intercourse with another person who is
   26  incapable of consent by reason of being mentally  disabled  or  mentally
   27  incapacitated[.] ; OR
   28    4.  HE  OR  SHE  ENGAGES IN ORAL SEXUAL CONDUCT OR ANAL SEXUAL CONDUCT
   29  WITH ANOTHER PERSON WHO IS INCAPABLE  OF  CONSENT  BY  REASON  OF  BEING
   30  MENTALLY DISABLED OR MENTALLY INCAPACITATED.
   31    It  shall be an affirmative defense to the crime of rape in the second
   32  degree as defined in [subdivision] SUBDIVISIONS  one  AND  TWO  of  this
   33  section  that  the  defendant  was  less  than four years older than the
   34  victim at the time of the act.
   35    Rape in the second degree is a class D felony.
   36    S 5. Section 130.35 of the penal law, as amended by chapter 1  of  the
   37  laws of 2000, is amended to read as follows:
   38  S 130.35 Rape in the first degree.
   39    A person is guilty of rape in the first degree when:
   40    1. he or she engages in sexual intercourse with another person:
   41    [1.] (A) By forcible compulsion; or
   42    [2.]  (B)  Who  is  incapable of consent by reason of being physically
   43  helpless; or
   44    [3.] (C) Who is less than eleven years old; or
   45    [4.] (D) Who is less than thirteen years old and the actor is eighteen
   46  years old or more[.]; OR
   47    2. HE OR SHE ENGAGES IN ORAL SEXUAL CONDUCT  OR  ANAL  SEXUAL  CONDUCT
   48  WITH ANOTHER PERSON:
   49    (A) BY FORCIBLE COMPULSION; OR
   50    (B)  WHO  IS  INCAPABLE OF CONSENT BY REASON OF BEING PHYSICALLY HELP-
   51  LESS; OR
   52    (C) WHO IS LESS THAN ELEVEN YEARS OLD; OR
   53    (D) WHO IS LESS THAN THIRTEEN YEARS OLD  AND  THE  ACTOR  IS  EIGHTEEN
   54  YEARS OLD OR MORE.
   55    Rape in the first degree is a class B felony.
       A. 4959                             3
    1    S  6. Paragraph 2 of subdivision 18 of section 10.00 of the penal law,
    2  as amended by chapter 7 of the laws of  2007,  is  amended  to  read  as
    3  follows:
    4    (2) a person fourteen or fifteen years old who is criminally responsi-
    5  ble for acts constituting the crimes defined in subdivisions one and two
    6  of section 125.25 (murder in the second degree) and in subdivision three
    7  of such section provided that the underlying crime for the murder charge
    8  is  one  for which such person is criminally responsible; section 135.25
    9  (kidnapping in the first degree); 150.20 (arson in  the  first  degree);
   10  subdivisions  one  and  two  of  section  120.10  (assault  in the first
   11  degree); 125.20 (manslaughter in the first  degree);  [subdivisions  one
   12  and]  PARAGRAPHS  (A)  AND (B) OF SUBDIVISION ONE AND PARAGRAPHS (A) AND
   13  (B) OF SUBDIVISION two of section 130.35 (rape  in  the  first  degree);
   14  [subdivisions  one and two of section 130.50 (criminal sexual act in the
   15  first degree);] 130.70 (aggravated sexual abuse in  the  first  degree);
   16  140.30 (burglary in the first degree); subdivision one of section 140.25
   17  (burglary  in  the  second degree); 150.15 (arson in the second degree);
   18  160.15 (robbery in the first degree); subdivision two of section  160.10
   19  (robbery  in  the  second  degree) of this chapter; or section 265.03 of
   20  this chapter, where such machine gun or such  firearm  is  possessed  on
   21  school  grounds,  as  that  phrase is defined in subdivision fourteen of
   22  section 220.00 of this chapter; or defined in this chapter as an attempt
   23  to commit murder in the second degree or kidnapping in the first degree,
   24  or such conduct as a sexually motivated felony, where authorized  pursu-
   25  ant to section 130.91 of [the penal law] THIS CHAPTER.
   26    S  7.  Subdivision  2 of section 30.00 of the penal law, as amended by
   27  chapter 7 of the laws of 2007, is amended to read as follows:
   28    2. A person thirteen, fourteen or fifteen years of age  is  criminally
   29  responsible for acts constituting murder in the second degree as defined
   30  in  subdivisions  one and two of section 125.25 and in subdivision three
   31  of such section provided that the underlying crime for the murder charge
   32  is one for which such person  is  criminally  responsible  or  for  such
   33  conduct  as  a  sexually  motivated felony, where authorized pursuant to
   34  section 130.91 [of the penal law]; and  a  person  fourteen  or  fifteen
   35  years  of age is criminally responsible for acts constituting the crimes
   36  defined in section 135.25  (kidnapping  in  the  first  degree);  150.20
   37  (arson  in the first degree); subdivisions one and two of section 120.10
   38  (assault in  the  first  degree);  125.20  (manslaughter  in  the  first
   39  degree);  [subdivisions  one  and] PARAGRAPHS (A) AND (B) OF SUBDIVISION
   40  ONE AND PARAGRAPHS (A) AND (B) OF  SUBDIVISION  two  of  section  130.35
   41  (rape  in the first degree); [subdivisions one and two of section 130.50
   42  (criminal sexual act in the first  degree);  130.70  (aggravated  sexual
   43  abuse  in  the  first  degree);]  140.30 (burglary in the first degree);
   44  subdivision one of section  140.25  (burglary  in  the  second  degree);
   45  150.15  (arson  in  the  second  degree);  160.15  (robbery in the first
   46  degree); subdivision two  of  section  160.10  (robbery  in  the  second
   47  degree)  of  this chapter; or section 265.03 of this chapter, where such
   48  machine gun or such firearm is possessed  on  school  grounds,  as  that
   49  phrase  is  defined  in  subdivision  fourteen of section 220.00 of this
   50  chapter; or defined in this chapter as an attempt to  commit  murder  in
   51  the second degree or kidnapping in the first degree, or for such conduct
   52  as  a  sexually  motivated  felony, where authorized pursuant to section
   53  130.91 of [the penal law] THIS CHAPTER.
   54    S 8. Paragraph (b) of subdivision 2 of section 35.15 of the penal law,
   55  as amended by chapter 511 of the laws of 2004, is  amended  to  read  as
   56  follows:
       A. 4959                             4
    1    (b) He or she reasonably believes that such other person is committing
    2  or  attempting to commit a kidnapping, forcible rape, [forcible criminal
    3  sexual act] FORCIBLE AGGRAVATED SEXUAL ABUSE, or robbery; or
    4    S  9.  The opening paragraph of subdivision 3 of section 125.25 of the
    5  penal law, as amended by chapter 264 of the laws of 2003, is amended  to
    6  read as follows:
    7    Acting  either  alone or with one or more other persons, he commits or
    8  attempts to commit robbery, burglary, kidnapping,  arson,  rape  in  the
    9  first degree, [criminal sexual act in the first degree,] sexual abuse in
   10  the  first  degree, aggravated sexual abuse, escape in the first degree,
   11  or escape in the second degree, and, in the course of and in furtherance
   12  of such crime or of immediate flight therefrom, he, or  another  partic-
   13  ipant,  if  there be any, causes the death of a person other than one of
   14  the participants; except that in any prosecution under this subdivision,
   15  in which the defendant was not the only participant  in  the  underlying
   16  crime, it is an affirmative defense that the defendant:
   17    S  10. Paragraphs (a) and (c) of subdivision 1 of section 70.02 of the
   18  penal law, paragraph (a) as amended by chapter 320 of the laws  of  2006
   19  and  paragraph  (c)  as  amended  by  chapter 1 of the laws of 2013, are
   20  amended to read as follows:
   21    (a) Class B violent felony offenses: an attempt to  commit  the  class
   22  A-I  felonies  of  murder  in  the  second  degree as defined in section
   23  125.25, kidnapping in the first degree as defined in section 135.25, and
   24  arson in the first degree as defined in section 150.20; manslaughter  in
   25  the  first  degree as defined in section 125.20, aggravated manslaughter
   26  in the first degree as defined in section  125.22,  rape  in  the  first
   27  degree  as  defined in section 130.35, [criminal sexual act in the first
   28  degree as defined in section 130.50,] aggravated  sexual  abuse  in  the
   29  first  degree  as  defined  in  section 130.70, course of sexual conduct
   30  against a child in the  first  degree  as  defined  in  section  130.75;
   31  assault  in the first degree as defined in section 120.10, kidnapping in
   32  the second degree as defined in section 135.20, burglary  in  the  first
   33  degree  as  defined  in  section  140.30,  arson in the second degree as
   34  defined in section 150.15, robbery in the first  degree  as  defined  in
   35  section 160.15, incest in the first degree as defined in section 255.27,
   36  criminal  possession  of  a  weapon  in  the  first degree as defined in
   37  section 265.04, criminal use of a firearm in the first degree as defined
   38  in section 265.09, criminal sale of a firearm in  the  first  degree  as
   39  defined in section 265.13, aggravated assault upon a police officer or a
   40  peace  officer  as  defined in section 120.11, gang assault in the first
   41  degree as defined in section 120.07, intimidating a victim or witness in
   42  the first degree as defined in section 215.17, hindering prosecution  of
   43  terrorism  in  the  first  degree as defined in section 490.35, criminal
   44  possession of a chemical weapon  or  biological  weapon  in  the  second
   45  degree  as  defined  in  section  490.40, and criminal use of a chemical
   46  weapon or biological weapon in the third degree as  defined  in  section
   47  490.47.
   48    (c)  Class  D violent felony offenses: an attempt to commit any of the
   49  class C felonies set forth in paragraph (b); reckless assault of a child
   50  as defined in section 120.02, assault in the second degree as defined in
   51  section 120.05, menacing a police officer or peace officer as defined in
   52  section 120.18, stalking in the first degree, as defined in  subdivision
   53  one  of section 120.60, strangulation in the second degree as defined in
   54  section 121.12, rape in the second degree as defined in section  130.30,
   55  [criminal sexual act in the second degree as defined in section 130.45,]
   56  sexual abuse in the first degree as defined in section 130.65, course of
       A. 4959                             5
    1  sexual  conduct  against  a  child  in  the  second degree as defined in
    2  section 130.80, aggravated sexual abuse in the third degree  as  defined
    3  in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
    4  substance  as defined in section 130.90, criminal possession of a weapon
    5  in the third degree as defined in subdivision five, six,  seven,  eight,
    6  nine  or  ten of section 265.02, criminal sale of a firearm in the third
    7  degree as defined in section 265.11, intimidating a victim or witness in
    8  the second degree as defined in section 215.16, soliciting or  providing
    9  support  for  an  act  of  terrorism  in the second degree as defined in
   10  section 490.10, and making a terroristic threat as  defined  in  section
   11  490.20,  falsely reporting an incident in the first degree as defined in
   12  section 240.60, placing a false bomb or hazardous substance in the first
   13  degree as defined in section 240.62, placing a false bomb  or  hazardous
   14  substance  in a sports stadium or arena, mass transportation facility or
   15  enclosed shopping mall as defined in section 240.63, [and] OR aggravated
   16  unpermitted use of indoor pyrotechnics in the first degree as defined in
   17  section 405.18.
   18    S 11. Paragraph b of subdivision 5 of section 120.40 of the penal law,
   19  as amended by chapter 320 of the laws of 2006, is  amended  to  read  as
   20  follows:
   21    b.  a  crime  defined  in  section  130.20,  130.25,  130.30, [130.40,
   22  130.45,] 130.55, 130.60, 130.70, 255.25, 255.26 or 255.27;
   23    S 12. Paragraph (d) of subdivision 2 and paragraph (h) of  subdivision
   24  3  of section 130.05 of the penal law, paragraph (d) of subdivision 2 as
   25  amended by chapter 40 of the laws of 2004 and paragraph (h) of  subdivi-
   26  sion  3  as amended by section 2 of part G of chapter 501 of the laws of
   27  2012, are amended to read as follows:
   28    (d) Where the offense charged is rape in the third degree  as  defined
   29  in  [subdivision three] SUBDIVISIONS FIVE AND SIX of section 130.25, [or
   30  criminal sexual act in the third degree as defined in subdivision  three
   31  of  section  130.40,]  in addition to forcible compulsion, circumstances
   32  under which, at the time of the act of intercourse, oral sexual  conduct
   33  or  anal sexual conduct, the victim clearly expressed that he or she did
   34  not consent to engage in such  act,  and  a  reasonable  person  in  the
   35  actor's  situation would have understood such person's words and acts as
   36  an expression of lack of consent to  such  act  under  all  the  circum-
   37  stances.
   38    (h)  a  client  or  patient and the actor is a health care provider or
   39  mental health care provider charged with rape in  the  third  degree  as
   40  defined  in  section 130.25, [criminal sexual act in the third degree as
   41  defined in section 130.40,] aggravated sexual abuse in the fourth degree
   42  as defined in section 130.65-a, or sexual abuse in the third  degree  as
   43  defined in section 130.55, and the act of sexual conduct occurs during a
   44  treatment session, consultation, interview, or examination; or
   45    S  13. The opening paragraph of subdivision 3 of section 125.25 of the
   46  penal law, as amended by chapter 264 of the laws of 2003, is amended  to
   47  read as follows:
   48    Acting  either  alone or with one or more other persons, he commits or
   49  attempts to commit robbery, burglary, kidnapping,  arson,  rape  in  the
   50  first degree, [criminal sexual act in the first degree], sexual abuse in
   51  the  first  degree, aggravated sexual abuse, escape in the first degree,
   52  or escape in the second degree, and, in the course of and in furtherance
   53  of such crime or of immediate flight therefrom, he, or  another  partic-
   54  ipant,  if  there be any, causes the death of a person other than one of
   55  the participants; except that in any prosecution under this subdivision,
       A. 4959                             6
    1  in which the defendant was not the only participant  in  the  underlying
    2  crime, it is an affirmative defense that the defendant:
    3    S  14. Subdivision 5 of section 125.25 of the penal law, as amended by
    4  chapter 320 of the laws of 2006, is amended to read as follows:
    5    5. Being eighteen years old or more, while in the course of committing
    6  rape in the first, second or third degree, [criminal sexual act  in  the
    7  first, second or third degree,] sexual abuse in the first degree, aggra-
    8  vated  sexual  abuse  in  the  first, second, third or fourth degree, or
    9  incest in the first, second or third degree, against a person less  than
   10  fourteen  years  old,  he  or she intentionally causes the death of such
   11  person.
   12    S 15. Subparagraph (vii) of paragraph (a) of subdivision 1 of  section
   13  125.27  of the penal law, as amended by chapter 264 of the laws of 2003,
   14  is amended to read as follows:
   15    (vii) the victim was killed while the defendant was in the  course  of
   16  committing  or  attempting  to  commit  and  in  furtherance of robbery,
   17  burglary in the first degree or second degree, kidnapping in  the  first
   18  degree,  arson  in  the first degree or second degree, rape in the first
   19  degree, [criminal sexual act in the first degree,] sexual abuse  in  the
   20  first  degree,  aggravated sexual abuse in the first degree or escape in
   21  the first degree, or in the  course  of  and  furtherance  of  immediate
   22  flight after committing or attempting to commit any such crime or in the
   23  course of and furtherance of immediate flight after attempting to commit
   24  the  crime  of murder in the second degree; provided however, the victim
   25  is not a participant in one of the aforementioned crimes  and,  provided
   26  further  that,  unless  the  defendant's  criminal  liability under this
   27  subparagraph is based upon the defendant having commanded another person
   28  to cause the death of the victim or intended victim pursuant to  section
   29  20.00  of  this  chapter,  this  subparagraph  shall not apply where the
   30  defendant's criminal liability is based  upon  the  conduct  of  another
   31  pursuant to section 20.00 of this chapter; or
   32    S  16.  Paragraph  (d) of subdivision 2 of section 130.05 of the penal
   33  law, as amended by chapter 40 of the laws of 2004, is amended to read as
   34  follows:
   35    (d) Where the offense charged is rape in the third degree  as  defined
   36  in  [subdivision three] SUBDIVISIONS FIVE AND SIX of section 130.25, [or
   37  criminal sexual act in the third degree as defined in subdivision  three
   38  of  section  130.40,]  in addition to forcible compulsion, circumstances
   39  under which, at the time of the act of intercourse, oral sexual  conduct
   40  or  anal sexual conduct, the victim clearly expressed that he or she did
   41  not consent to engage in such  act,  and  a  reasonable  person  in  the
   42  actor's  situation would have understood such person's words and acts as
   43  an expression of lack of consent to  such  act  under  all  the  circum-
   44  stances.
   45    S  17.  Paragraph  (h) of subdivision 3 of section 130.05 of the penal
   46  law, as amended by section 2 of part G of chapter 501  of  the  laws  of
   47  2012, is amended to read as follows:
   48    (h)  a  client  or  patient and the actor is a health care provider or
   49  mental health care provider charged with rape in  the  third  degree  as
   50  defined  in  section 130.25, [criminal sexual act in the third degree as
   51  defined in section 130.40,] aggravated sexual abuse in the fourth degree
   52  as defined in section 130.65-a, or sexual abuse in the third  degree  as
   53  defined in section 130.55, and the act of sexual conduct occurs during a
   54  treatment session, consultation, interview, or examination; or
   55    S  18. Subdivision 3 of section 130.10 of the penal law, as amended by
   56  chapter 264 of the laws of 2003, is amended to read as follows:
       A. 4959                             7
    1    3. In any prosecution for the crime of rape in  the  third  degree  as
    2  defined  in  section 130.25, [criminal sexual act in the third degree as
    3  defined in section 130.40,] aggravated sexual abuse in the fourth degree
    4  as defined in section 130.65-a, or sexual abuse in the third  degree  as
    5  defined in section 130.55 in which incapacity to consent is based on the
    6  circumstances set forth in paragraph (h) of subdivision three of section
    7  130.05  of  this  article  it  shall  be an affirmative defense that the
    8  client or patient consented to such conduct charged  after  having  been
    9  expressly advised by the health care or mental health care provider that
   10  such conduct was not performed for a valid medical purpose.
   11    S 19. The opening paragraph and subdivision 2 of section 130.95 of the
   12  penal  law,  as added by chapter 107 of the laws of 2006, are amended to
   13  read as follows:
   14    A person is guilty of predatory sexual assault when he or she  commits
   15  the crime of rape in the first degree, [criminal sexual act in the first
   16  degree,] aggravated sexual abuse in the first degree, or course of sexu-
   17  al conduct against a child in the first degree, as defined in this arti-
   18  cle, and when:
   19    2.  He or she has engaged in conduct constituting the crime of rape in
   20  the first degree, [criminal sexual act in the first degree,]  aggravated
   21  sexual  abuse in the first degree, or course of sexual conduct against a
   22  child in the first degree, as defined in this article,  against  one  or
   23  more additional persons; or
   24    S  20.  The  opening  paragraph of section 130.96 of the penal law, as
   25  added by chapter 107 of the laws of 2006, is amended to read as follows:
   26    A person is guilty of predatory sexual assault against a  child  when,
   27  being eighteen years old or more, he or she commits the crime of rape in
   28  the  first degree, [criminal sexual act in the first degree,] aggravated
   29  sexual abuse in the first degree, or course of sexual conduct against  a
   30  child in the first degree, as defined in this article, and the victim is
   31  less than thirteen years old.
   32    S  21.  Subdivision  2 of section 240.75 of the penal law, as added by
   33  section 2 of part D of chapter 491 of the laws of 2012,  is  amended  to
   34  read as follows:
   35    2.  A  "specified  offense"  is  an  offense defined in section 120.00
   36  (assault in the third degree); section 120.05  (assault  in  the  second
   37  degree);  section  120.10  (assault in the first degree); section 120.13
   38  (menacing in the first degree); section 120.14 (menacing in  the  second
   39  degree);  section  120.15 (menacing in the third degree); section 120.20
   40  (reckless endangerment in the second degree); section  120.25  (reckless
   41  endangerment  in  the  first  degree);  section  120.45 (stalking in the
   42  fourth degree); section 120.50 (stalking in the third  degree);  section
   43  120.55  (stalking in the second degree); section 120.60 (stalking in the
   44  first degree); section 121.11  (criminal  obstruction  of  breathing  or
   45  blood circulation); section 121.12 (strangulation in the second degree);
   46  section  121.13  (strangulation in the first degree); subdivision one of
   47  section 125.15 (manslaughter in the second degree); subdivision one, two
   48  or four of section 125.20 (manslaughter in the  first  degree);  section
   49  125.25  (murder  in  the  second degree); section 130.20 (sexual miscon-
   50  duct); SECTION 130.25 (RAPE IN THE THIRD DEGREE); section  130.30  (rape
   51  in  the  second  degree);  section  130.35  (rape  in the first degree);
   52  [section 130.40 (criminal sexual  act  in  the  third  degree);  section
   53  130.45 (criminal sexual act in the second degree); section 130.50 (crim-
   54  inal  sexual  act in the first degree);] section 130.52 (forcible touch-
   55  ing); section 130.53 (persistent sexual abuse); section  130.55  (sexual
   56  abuse  in  the third degree); section 130.60 (sexual abuse in the second
       A. 4959                             8
    1  degree); section 130.65 (sexual abuse  in  the  first  degree);  section
    2  130.66  (aggravated  sexual  abuse  in the third degree); section 130.67
    3  (aggravated sexual abuse in the second degree); section  130.70  (aggra-
    4  vated  sexual abuse in the first degree); section 130.91 (sexually moti-
    5  vated felony); section 130.95 (predatory sexual assault); section 130.96
    6  (predatory sexual assault against a  child);  section  135.05  (unlawful
    7  imprisonment  in  the second degree); section 135.10 (unlawful imprison-
    8  ment in the first  degree);  section  135.60  (coercion  in  the  second
    9  degree);  section  135.65 (coercion in the first degree); section 140.20
   10  (burglary in the third degree); section 140.25 (burglary in  the  second
   11  degree);  section  140.30 (burglary in the first degree); section 145.00
   12  (criminal mischief in  the  fourth  degree);  section  145.05  (criminal
   13  mischief  in the third degree); section 145.10 (criminal mischief in the
   14  second degree); section 145.12 (criminal mischief in the first  degree);
   15  section  145.14 (criminal tampering in the third degree); section 215.50
   16  (criminal contempt in  the  second  degree);  section  215.51  (criminal
   17  contempt  in  the  first  degree);  section  215.52 (aggravated criminal
   18  contempt); section 240.25 (harassment in the first degree);  subdivision
   19  one,  two or four of section 240.30 (aggravated harassment in the second
   20  degree); aggravated family offense as defined in  this  section  or  any
   21  attempt  or conspiracy to commit any of the foregoing offenses where the
   22  defendant and the person against whom the  offense  was  committed  were
   23  members of the same family or household as defined in subdivision one of
   24  section 530.11 of the criminal procedure law.
   25    S  22. Section 255.26 of the penal law, as added by chapter 320 of the
   26  laws of 2006, is amended to read as follows:
   27  S 255.26 Incest in the second degree.
   28    A person is guilty of incest in the  second  degree  when  he  or  she
   29  commits  the  crime  of rape in the second degree, as defined in section
   30  130.30 of this part, [or criminal sexual act in the  second  degree,  as
   31  defined in section 130.45 of this part,] against a person whom he or she
   32  knows  to  be related to him or her, whether through marriage or not, as
   33  an ancestor, descendant, brother or sister of either the  whole  or  the
   34  half blood, uncle, aunt, nephew or niece.
   35    Incest in the second degree is a class D felony.
   36    S  23. Section 255.27 of the penal law, as added by chapter 320 of the
   37  laws of 2006, is amended to read as follows:
   38  S 255.27 Incest in the first degree.
   39    A person is guilty of incest in  the  first  degree  when  he  or  she
   40  commits  the  crime of rape in the first degree, as defined in PARAGRAPH
   41  (C) OR (D) OF subdivision [three or four] ONE AND PARAGRAPH (C)  OR  (D)
   42  OF  SUBDIVISION  TWO of section 130.35 of this part[, or criminal sexual
   43  act in the first degree, as defined in  subdivision  three  or  four  of
   44  section  130.50  of this part,] against a person whom he or she knows to
   45  be related to him or her, whether through marriage or not, as an  ances-
   46  tor,  descendant,  brother  or sister of either the whole or half blood,
   47  uncle, aunt, nephew or niece.
   48    Incest in the first degree is a class B felony.
   49    S 24. Subdivision 3 of section 485.05 of the penal law, as amended  by
   50  chapter 405 of the laws of 2010, is amended to read as follows:
   51    3. A "specified offense" is an offense defined by any of the following
   52  provisions  of  this  chapter:  section  120.00  (assault  in  the third
   53  degree); section 120.05 (assault in the second degree);  section  120.10
   54  (assault in the first degree); section 120.12 (aggravated assault upon a
   55  person  less  than  eleven  years  old); section 120.13 (menacing in the
   56  first degree); section 120.14 (menacing in the second  degree);  section
       A. 4959                             9
    1  120.15  (menacing  in the third degree); section 120.20 (reckless endan-
    2  germent in the second degree); section 120.25 (reckless endangerment  in
    3  the  first degree); section 121.12 (strangulation in the second degree);
    4  section  121.13  (strangulation in the first degree); subdivision one of
    5  section 125.15 (manslaughter in the second degree); subdivision one, two
    6  or four of section 125.20 (manslaughter in the  first  degree);  section
    7  125.25  (murder  in  the second degree); section 120.45 (stalking in the
    8  fourth degree); section 120.50 (stalking in the third  degree);  section
    9  120.55  (stalking in the second degree); section 120.60 (stalking in the
   10  first degree); PARAGRAPH (A) OF subdivision one  AND  PARAGRAPH  (A)  OF
   11  SUBDIVISION  TWO of section 130.35 (rape in the first degree); [subdivi-
   12  sion one of section 130.50 (criminal sexual act in the  first  degree);]
   13  subdivision  one  of  section 130.65 (sexual abuse in the first degree);
   14  paragraph (a) of subdivision one of section  130.67  (aggravated  sexual
   15  abuse in the second degree); paragraph (a) of subdivision one of section
   16  130.70  (aggravated  sexual  abuse  in the first degree); section 135.05
   17  (unlawful imprisonment in the second degree); section  135.10  (unlawful
   18  imprisonment  in  the  first  degree); section 135.20 (kidnapping in the
   19  second degree); section 135.25 (kidnapping in the first degree); section
   20  135.60 (coercion in the second degree); section 135.65 (coercion in  the
   21  first  degree);  section 140.10 (criminal trespass in the third degree);
   22  section 140.15 (criminal trespass in the second degree); section  140.17
   23  (criminal trespass in the first degree); section 140.20 (burglary in the
   24  third  degree);  section 140.25 (burglary in the second degree); section
   25  140.30 (burglary in the first degree); section 145.00 (criminal mischief
   26  in the fourth degree); section 145.05 (criminal mischief  in  the  third
   27  degree);  section  145.10  (criminal  mischief  in  the  second degree);
   28  section 145.12 (criminal mischief in the first degree);  section  150.05
   29  (arson  in  the  fourth  degree);  section  150.10  (arson  in the third
   30  degree); section 150.15 (arson in the  second  degree);  section  150.20
   31  (arson  in  the  first  degree); section 155.25 (petit larceny); section
   32  155.30 (grand larceny in  the  fourth  degree);  section  155.35  (grand
   33  larceny  in  the  third  degree);  section  155.40 (grand larceny in the
   34  second degree); section 155.42 (grand  larceny  in  the  first  degree);
   35  section 160.05 (robbery in the third degree); section 160.10 (robbery in
   36  the  second  degree);  section  160.15  (robbery  in  the first degree);
   37  section 240.25 (harassment in the first degree); subdivision one, two or
   38  four of section 240.30 (aggravated harassment in the second degree);  or
   39  any attempt or conspiracy to commit any of the foregoing offenses.
   40    S 25. Subdivision 42 of section 1.20 of the criminal procedure law, as
   41  amended by chapter 7 of the laws of 2007, is amended to read as follows:
   42    42.  "Juvenile offender" means (1) a person, thirteen years old who is
   43  criminally responsible for acts constituting murder in the second degree
   44  as defined in subdivisions one and two of section 125.25  of  the  penal
   45  law,  or  such  conduct as a sexually motivated felony, where authorized
   46  pursuant to section 130.91 of the penal law; and (2) a  person  fourteen
   47  or fifteen years old who is criminally responsible for acts constituting
   48  the crimes defined in subdivisions one and two of section 125.25 (murder
   49  in  the second degree) and in subdivision three of such section provided
   50  that the underlying crime for the murder charge is one  for  which  such
   51  person  is  criminally  responsible;  section  135.25 (kidnapping in the
   52  first degree); 150.20 (arson in the first degree); subdivisions one  and
   53  two of section 120.10 (assault in the first degree); 125.20 (manslaught-
   54  er  in  the first degree); [subdivisions one and] PARAGRAPHS (A) AND (B)
   55  OF SUBDIVISION ONE AND PARAGRAPHS (A) AND  (B)  OF  SUBDIVISION  two  of
   56  section  130.35 (rape in the first degree); [subdivisions one and two of
       A. 4959                            10
    1  section 130.50 (criminal  sexual  act  in  the  first  degree);]  130.70
    2  (aggravated  sexual  abuse in the first degree); 140.30 (burglary in the
    3  first degree); subdivision one of section 140.25 (burglary in the second
    4  degree);  150.15  (arson  in  the second degree); 160.15 (robbery in the
    5  first degree); subdivision two of section 160.10 (robbery in the  second
    6  degree) of the penal law; or section 265.03 of the penal law, where such
    7  machine  gun  or  such  firearm  is possessed on school grounds, as that
    8  phrase is defined in subdivision fourteen of section 220.00 of the penal
    9  law; or defined in the penal law as an attempt to commit murder  in  the
   10  second  degree  or  kidnapping in the first degree, or such conduct as a
   11  sexually motivated felony, where authorized pursuant to  section  130.91
   12  of the penal law.
   13    S 26. Intentionally omitted.
   14    S  27.  Paragraphs (a) and (b) of subdivision 1, the opening paragraph
   15  of subdivision 2 and paragraph (a) of subdivision 3 of section 140.20 of
   16  the criminal procedure law, paragraphs (a) and (b) of subdivision  1  as
   17  amended  by  chapter  324  of the laws of 1988, the opening paragraph of
   18  subdivision 2 and paragraph (a) of subdivision 3 as amended  by  chapter
   19  550 of the laws of 1987, are amended to read as follows:
   20    (a)  If  the  arrest is for an offense other than a class A, B, C or D
   21  felony or a violation  of  section  130.25,  [130.40,]  205.10,  205.17,
   22  205.19  or  215.56  of  the  penal law committed in a town, but not in a
   23  village thereof having a village court, and the town court of such  town
   24  is  not available at the time, the arrested person may be brought before
   25  the local criminal court of any village within such town or, any adjoin-
   26  ing town, village embraced in whole or in part by such  adjoining  town,
   27  or city of the same county; and
   28    (b)  If  the  arrest is for an offense other than a class A, B, C or D
   29  felony or a violation  of  section  130.25,  [130.40,]  205.10,  205.17,
   30  205.19  or  215.56  of  the  penal  law  committed in a village having a
   31  village court and such court is not available at the time, the  arrested
   32  person  may  be brought before the town court of the town embracing such
   33  village or any other village court within such town, or, if such town or
   34  village court is not available either, before the local  criminal  court
   35  of  any  adjoining  town,  village  embraced in whole or in part by such
   36  adjoining town, or city of the same county; and
   37    If the arrest is for an offense other than a class A, B, C or D felony
   38  or a violation of section 130.25, [130.40,] 205.10,  205.17,  205.19  or
   39  215.56  of the penal law, the arrested person need not be brought before
   40  a local criminal court as provided in subdivision one, and the procedure
   41  may instead be as 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    S 28. Paragraph (a) of subdivision 3  and  the  opening  paragraph  of
   46  subdivision  4  of  section  140.27  of  the  criminal procedure law, as
   47  amended by chapter 550 of the laws of  1987,  are  amended  to  read  as
   48  follows:
   49    (a) the arrest is for an offense other than a class A, B, C or D felo-
   50  ny or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or
   51  215.56 of the penal law and
   52    If the arrest is for an offense other than a class A, B, C or D felony
   53  or  a  violation  of section 130.25, [130.40,] 205.10, 205.17, 205.19 or
   54  215.56 of the penal law, the arrested person need not be brought  before
   55  a local criminal court as provided in subdivision two, and the procedure
   56  may instead be as follows:
       A. 4959                            11
    1    S  29.  Paragraph  (a)  of  subdivision 2 and the opening paragraph of
    2  subdivision 3 of section  140.40  of  the  criminal  procedure  law,  as
    3  amended  by  chapter  550  of  the  laws of 1987, are amended to read as
    4  follows:
    5    (a) the arrest is for an offense other than a class A, B, C or D felo-
    6  ny or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or
    7  215.56 of the penal law and
    8    If the arrest is for an offense other than a class A, B, C or D felony
    9  or  a  violation  of section 130.25, [130.40,] 205.10, 205.17, 205.19 or
   10  215.56 of the penal law, the arrested person need not be brought  before
   11  a  local  criminal court, as provided in subdivision one, and the proce-
   12  dure may instead be as follows:
   13    S 30. Section 150.20 of the criminal procedure law, subdivisions 1,  2
   14  and  3 as amended by chapter 550 of the laws of 1987, is amended to read
   15  as follows:
   16  S 150.20 Appearance ticket; when and by whom issuable.
   17    1. Whenever a police officer is authorized pursuant to section  140.10
   18  to  arrest  a person without a warrant for an offense other than a class
   19  A, B, C or D felony or a violation of section 130.25, [130.40,]  205.10,
   20  205.17,  205.19  or  215.56  of  the  penal  law, he may, subject to the
   21  provisions of subdivisions three and four  of  section  150.40,  instead
   22  issue to and serve upon such person an appearance ticket.
   23    2.  (a)    Whenever  a  police officer has arrested a person without a
   24  warrant for an offense other than a class A, B,  C  or  D  felony  or  a
   25  violation  of section 130.25, [130.40,] 205.10, 205.17, 205.19 or 215.56
   26  of the penal law pursuant to section 140.10,   or (b) whenever  a  peace
   27  officer, who is not authorized by law to issue an appearance ticket, has
   28  arrested  a person for an offense other than a class A, B, C or D felony
   29  or a violation of section 130.25, [130.40,] 205.10,  205.17,  205.19  or
   30  215.56  of the penal law pursuant to section 140.25, and has requested a
   31  police officer to issue and serve upon such arrested person  an  appear-
   32  ance ticket pursuant to subdivision four of section 140.27, or (c) when-
   33  ever  a person has been arrested for an offense other than a class A, B,
   34  C or D felony or  a  violation  of  section  130.25,  [130.40,]  205.10,
   35  205.17,  205.19 or 215.56 of the penal law and has been delivered to the
   36  custody of an appropriate police officer  pursuant  to  section  140.40,
   37  such  police officer may, instead of bringing such person before a local
   38  criminal court and promptly filing or causing the arresting peace  offi-
   39  cer  or  arresting  person  to  file  a  local criminal court accusatory
   40  instrument therewith, issue to and serve upon such person an  appearance
   41  ticket.    The  issuance  and service of an appearance ticket under such
   42  circumstances may be conditioned upon a deposit of pre-arraignment bail,
   43  as provided in section 150.30.
   44    3.  A public servant other than a police  officer,  who  is  specially
   45  authorized  by state law or local law enacted pursuant to the provisions
   46  of the municipal home rule law to issue  and  serve  appearance  tickets
   47  with  respect to designated offenses other than class A, B, C or D felo-
   48  nies or violations of section 130.25, [130.40,] 205.10,  205.17,  205.19
   49  or  215.56  of  the  penal law, may in such cases issue and serve upon a
   50  person an appearance ticket when he has reasonable cause to believe that
   51  such person has committed a crime, or has committed a petty  offense  in
   52  his presence.
   53    S  31.  Subdivision 4 of section 180.75 of the criminal procedure law,
   54  as amended by chapter 264 of the laws of 2003, is  amended  to  read  as
   55  follows:
       A. 4959                            12
    1    4.  Notwithstanding  the  provisions  of subdivisions two and three of
    2  this section, a local criminal  court  shall,  at  the  request  of  the
    3  district  attorney, order removal of an action against a juvenile offen-
    4  der to the family court pursuant to  the  provisions  of  article  seven
    5  hundred twenty-five of this chapter if, upon consideration of the crite-
    6  ria  specified  in subdivision two of section 210.43 of this chapter, it
    7  is determined that to do so  would  be  in  the  interests  of  justice.
    8  Where,  however, the felony complaint charges the juvenile offender with
    9  murder in the second degree as defined in section 125.25  of  the  penal
   10  law, rape in the first degree as defined in PARAGRAPH (A) OF subdivision
   11  one  OR  PARAGRAPH (A) OF SUBDIVISION TWO of section 130.35 of the penal
   12  law, [criminal sexual act in the first degree as defined in  subdivision
   13  one  of  section 130.50 of the penal law,] or an armed felony as defined
   14  in paragraph (a) of subdivision forty-one of section 1.20 of this  chap-
   15  ter,  a  determination  that  such action be removed to the family court
   16  shall, in addition, be based upon a  finding  of  one  or  more  of  the
   17  following  factors: (i) mitigating circumstances that bear directly upon
   18  the manner in which the crime was committed; or (ii) where the defendant
   19  was not the sole participant in the crime, the defendant's participation
   20  was relatively minor although not so minor as to constitute a defense to
   21  the prosecution; or (iii) possible deficiencies in proof of the crime.
   22    S 32. Subdivision (a) of section 190.71 of the criminal procedure law,
   23  as amended by chapter 7 of the laws of  2007,  is  amended  to  read  as
   24  follows:
   25    (a)  Except  as  provided in subdivision six of section 200.20 of this
   26  chapter, a grand jury may not indict (i) a person thirteen years of  age
   27  for any conduct or crime other than conduct constituting a crime defined
   28  in  subdivisions  one  and  two  of section 125.25 (murder in the second
   29  degree) or such conduct as a sexually motivated felony, where authorized
   30  pursuant to section 130.91 of the penal law; (ii) a person  fourteen  or
   31  fifteen years of age for any conduct or crime other than conduct consti-
   32  tuting  a  crime  defined  in subdivisions one and two of section 125.25
   33  (murder in the second degree) and in subdivision three of  such  section
   34  provided  that  the  underlying  crime  for the murder charge is one for
   35  which such person is criminally responsible; 135.25 (kidnapping  in  the
   36  first  degree); 150.20 (arson in the first degree); subdivisions one and
   37  two of section 120.10 (assault in the first degree); 125.20 (manslaught-
   38  er in the first degree); [subdivisions one and] PARAGRAPHS (A)  AND  (B)
   39  OF  SUBDIVISION  ONE  AND  PARAGRAPHS  (A) AND (B) OF SUBDIVISION two of
   40  section 130.35 (rape in the first degree); [subdivisions one and two  of
   41  section  130.50  (criminal  sexual  act  in  the  first degree);] 130.70
   42  (aggravated sexual abuse in the first degree); 140.30 (burglary  in  the
   43  first degree); subdivision one of section 140.25 (burglary in the second
   44  degree);  150.15  (arson  in  the second degree); 160.15 (robbery in the
   45  first degree); subdivision two of section 160.10 (robbery in the  second
   46  degree)  of  the  penal  law; [subdivision four of section 265.02 of the
   47  penal law, where such firearm is possessed on school  grounds,  as  that
   48  phrase is defined in subdivision fourteen of section 220.00 of the penal
   49  law;] or section 265.03 of the penal law, where such machine gun or such
   50  firearm  is  possessed  on  school grounds, as that phrase is defined in
   51  subdivision fourteen of section 220.00 of the penal law; or  defined  in
   52  the  penal  law  as  an attempt to commit murder in the second degree or
   53  kidnapping in the first degree, or such conduct as a sexually  motivated
   54  felony, where authorized pursuant to section 130.91 of the penal law.
       A. 4959                            13
    1    S 33. Paragraph (b) of subdivision 1 of section 210.43 of the criminal
    2  procedure law, as amended by chapter 264 of the laws of 2003, is amended
    3  to read as follows:
    4    (b)  with  the  consent  of the district attorney, order removal of an
    5  action involving an indictment charging a juvenile offender with  murder
    6  in the second degree as defined in section 125.25 of the penal law; rape
    7  in  the first degree, as defined in PARAGRAPH (A) OF subdivision one AND
    8  PARAGRAPH (A) OF SUBDIVISION TWO of section 130.35  of  the  penal  law;
    9  [criminal  sexual act in the first degree, as defined in subdivision one
   10  of section 130.50 of the penal law;] or an armed felony  as  defined  in
   11  paragraph  (a)  of  subdivision forty-one of section 1.20, to the family
   12  court pursuant to the provisions of article seven hundred twenty-five of
   13  this chapter if the court finds one or more of  the  following  factors:
   14  (i) mitigating circumstances that bear directly upon the manner in which
   15  the  crime  was  committed;  (ii)  where  the defendant was not the sole
   16  participant in the crime, the defendant's participation  was  relatively
   17  minor  although  not  so  minor as to constitute a defense to the prose-
   18  cution; or (iii) possible deficiencies in the proof of the  crime,  and,
   19  after  consideration of the factors set forth in subdivision two of this
   20  section, the court determined that removal of the action to  the  family
   21  court would be in the interests of justice.
   22    S 34.  Subparagraph (iii) of paragraph (g) of subdivision 5 of section
   23  220.10  of  the criminal procedure law, as amended by chapter 264 of the
   24  laws of 2003, is amended to read as follows:
   25    (iii) Where the indictment  does  not  charge  a  crime  specified  in
   26  subparagraph  (i) of this paragraph, the district attorney may recommend
   27  removal of the action to the family court. Upon making such  recommenda-
   28  tion  the district attorney shall submit a subscribed memorandum setting
   29  forth: (1) a recommendation that the interests of justice would best  be
   30  served  by  removal  of  the  action to the family court; and (2) if the
   31  indictment charges a thirteen year old with the crime of murder  in  the
   32  second degree, or a fourteen or fifteen year old with the crimes of rape
   33  in  the  first degree as defined in PARAGRAPH (A) OF subdivision one AND
   34  PARAGRAPH (A) OF SUBDIVISION TWO of section 130.35 of the penal law, [or
   35  criminal sexual act in the first degree as defined in subdivision one of
   36  section 130.50 of the penal law,] or an armed felony as defined in para-
   37  graph (a) of subdivision forty-one  of  section  1.20  of  this  chapter
   38  specific factors, one or more of which reasonably supports the recommen-
   39  dation,  showing,  (i)  mitigating circumstances that bear directly upon
   40  the manner in which the crime was committed, or (ii) where the defendant
   41  was not the sole participant in the crime, that the defendant's  partic-
   42  ipation  was  relatively  minor although not so minor as to constitute a
   43  defense to the prosecution, or (iii) possible deficiencies in  proof  of
   44  the  crime,  or (iv) where the juvenile offender has no previous adjudi-
   45  cations of having committed a  designated  felony  act,  as  defined  in
   46  subdivision  eight  of section 301.2 of the family court act, regardless
   47  of the age of the offender at the time of commission of  the  act,  that
   48  the  criminal act was not part of a pattern of criminal behavior and, in
   49  view of the history of the offender, is not likely to be repeated.
   50    S 35. Subdivision 6 of section 300.50 of the criminal  procedure  law,
   51  as  amended  by  chapter  264 of the laws of 2003, is amended to read as
   52  follows:
   53    6. For purposes of this section, the offenses of  rape  in  the  third
   54  degree  as  defined  in [subdivision three] SUBDIVISIONS FIVE AND SIX of
   55  section 130.25 of the penal law [and criminal sexual act  in  the  third
   56  degree  as  defined  in subdivision three of section 130.40 of the penal
       A. 4959                            14
    1  law], are not lesser included offenses of rape  in  the  first  degree[,
    2  criminal  sexual act in the first degree] or any other offense. Notwith-
    3  standing the foregoing, either such offense may be submitted as a lesser
    4  included  offense  of the applicable first degree offense when (i) there
    5  is a reasonable view of the evidence which would support a finding  that
    6  the  defendant  committed  such  lesser  offense  but did not commit the
    7  greater offense, and (ii) both parties consent to its submission.
    8    S 36. Subdivision 6 of section 380.50 of the criminal  procedure  law,
    9  as  amended  by  chapter  320 of the laws of 2006, is amended to read as
   10  follows:
   11    6. Regardless of whether the victim requests to make a statement  with
   12  regard to the defendant's sentence, where the defendant is sentenced for
   13  a violent felony offense as defined in section 70.02 of the penal law or
   14  a  felony  defined in article one hundred twenty-five of such law or any
   15  of the  following  provisions  of  such  law  sections  130.25,  130.30,
   16  [130.40,  130.45,]  255.25,  255.26,  255.27, article two hundred sixty-
   17  three, 135.10, 135.25, 230.05, 230.06, subdivision two of section 230.30
   18  or 230.32, the prosecutor shall, within sixty days of the imposition  of
   19  sentence,  provide  the victim with a form on which the victim may indi-
   20  cate a demand to be informed of any petition to change the name of  such
   21  defendant.    Such  forms  shall  be maintained by such prosecutor. Upon
   22  receipt of a notice of a petition to change the name of any such defend-
   23  ant, pursuant to subdivision two  of  section  sixty-two  of  the  civil
   24  rights  law, the prosecutor shall promptly notify the victim at the most
   25  current address or telephone number provided by such victim in the  most
   26  reasonable  and  expedient  possible  manner  of the time and place such
   27  petition will be presented to the court.
   28    S 37. Paragraph (b) of subdivision 8 of section 700.05 of the criminal
   29  procedure law, as amended by chapter 405 of the laws of 2010, is amended
   30  to read as follows:
   31    (b) Any of the following felonies: assault in  the  second  degree  as
   32  defined  in section 120.05 of the penal law, assault in the first degree
   33  as defined in section 120.10 of the penal law, reckless endangerment  in
   34  the  first degree as defined in section 120.25 of the penal law, promot-
   35  ing a suicide attempt as defined in section 120.30  of  the  penal  law,
   36  strangulation  in  the second degree as defined in section 121.12 of the
   37  penal law, strangulation in the  first  degree  as  defined  in  section
   38  121.13  of  the  penal  law, criminally negligent homicide as defined in
   39  section 125.10 of the penal law, manslaughter in the  second  degree  as
   40  defined  in  section  125.15 of the penal law, manslaughter in the first
   41  degree as defined in section 125.20 of the  penal  law,  murder  in  the
   42  second  degree  as defined in section 125.25 of the penal law, murder in
   43  the first degree as defined in section 125.27 of the penal law, abortion
   44  in the second degree as defined in section  125.40  of  the  penal  law,
   45  abortion  in  the first degree as defined in section 125.45 of the penal
   46  law, rape in the third degree as defined in section 130.25 of the  penal
   47  law, rape in the second degree as defined in section 130.30 of the penal
   48  law,  rape in the first degree as defined in section 130.35 of the penal
   49  law, [criminal sexual act in the third  degree  as  defined  in  section
   50  130.40  of  the  penal  law, criminal sexual act in the second degree as
   51  defined in section 130.45 of the penal law, criminal sexual act  in  the
   52  first  degree  as  defined  in  section 130.50 of the penal law,] sexual
   53  abuse in the first degree as defined in section 130.65 of the penal law,
   54  unlawful imprisonment in the first degree as defined in  section  135.10
   55  of  the penal law, kidnapping in the second degree as defined in section
   56  135.20 of the penal law, kidnapping in the first degree  as  defined  in
       A. 4959                            15
    1  section 135.25 of the penal law, labor trafficking as defined in section
    2  135.35  of  the penal law, custodial interference in the first degree as
    3  defined in section 135.50 of the penal law, coercion in the first degree
    4  as  defined in section 135.65 of the penal law, criminal trespass in the
    5  first degree as defined in section 140.17 of the penal law, burglary  in
    6  the third degree as defined in section 140.20 of the penal law, burglary
    7  in  the  second  degree  as  defined in section 140.25 of the penal law,
    8  burglary in the first degree as defined in section 140.30 of  the  penal
    9  law,  criminal mischief in the third degree as defined in section 145.05
   10  of the penal law, criminal mischief in the second degree as  defined  in
   11  section  145.10  of the penal law, criminal mischief in the first degree
   12  as defined in section 145.12 of the penal law, criminal tampering in the
   13  first degree as defined in section 145.20 of the penal law, arson in the
   14  fourth degree as defined in section 150.05 of the penal  law,  arson  in
   15  the third degree as defined in section 150.10 of the penal law, arson in
   16  the  second  degree as defined in section 150.15 of the penal law, arson
   17  in the first degree as defined in section 150.20 of the penal law, grand
   18  larceny in the fourth degree as defined in section 155.30 of  the  penal
   19  law,  grand  larceny in the third degree as defined in section 155.35 of
   20  the penal law, grand larceny in the second degree as defined in  section
   21  155.40 of the penal law, grand larceny in the first degree as defined in
   22  section  155.42 of the penal law, health care fraud in the fourth degree
   23  as defined in section 177.10 of the penal law, health care fraud in  the
   24  third  degree as defined in section 177.15 of the penal law, health care
   25  fraud in the second degree as defined in section  177.20  of  the  penal
   26  law,  health care fraud in the first degree as defined in section 177.25
   27  of the penal law, robbery in the third  degree  as  defined  in  section
   28  160.05  of  the  penal  law,  robbery in the second degree as defined in
   29  section 160.10 of the penal law, robbery in the first degree as  defined
   30  in  section  160.15  of the penal law, unlawful use of secret scientific
   31  material as defined  in  section  165.07  of  the  penal  law,  criminal
   32  possession of stolen property in the fourth degree as defined in section
   33  165.45  of  the penal law, criminal possession of stolen property in the
   34  third degree as defined in section 165.50 of  the  penal  law,  criminal
   35  possession of stolen property in the second degree as defined by section
   36  165.52  of  the penal law, criminal possession of stolen property in the
   37  first degree as defined by section 165.54 of the  penal  law,  trademark
   38  counterfeiting  in the second degree as defined in section 165.72 of the
   39  penal law, trademark counterfeiting in the first degree  as  defined  in
   40  section 165.73 of the penal law, forgery in the second degree as defined
   41  in  section  170.10  of  the  penal  law, forgery in the first degree as
   42  defined in section 170.15 of the penal law,  criminal  possession  of  a
   43  forged  instrument  in the second degree as defined in section 170.25 of
   44  the penal law, criminal possession of a forged instrument in  the  first
   45  degree  as  defined  in  section  170.30  of  the  penal  law,  criminal
   46  possession of forgery devices as defined in section 170.40 of the  penal
   47  law,  falsifying  business  records  in  the  first degree as defined in
   48  section 175.10 of the penal law, tampering with public  records  in  the
   49  first  degree  as defined in section 175.25 of the penal law, offering a
   50  false instrument for filing in the first degree as  defined  in  section
   51  175.35  of  the  penal  law,  issuing  a false certificate as defined in
   52  section 175.40 of the penal  law,  criminal  diversion  of  prescription
   53  medications and prescriptions in the second degree as defined in section
   54  178.20  of the penal law, criminal diversion of prescription medications
   55  and prescriptions in the first degree as defined in  section  178.25  of
   56  the  penal  law,  residential  mortgage  fraud  in  the fourth degree as
       A. 4959                            16
    1  defined in section 187.10 of the penal law, residential  mortgage  fraud
    2  in the third degree as defined in section 187.15 of the penal law, resi-
    3  dential mortgage fraud in the second degree as defined in section 187.20
    4  of  the  penal  law,  residential  mortgage fraud in the first degree as
    5  defined in section 187.25 of the penal law, escape in the second  degree
    6  as  defined  in  section  205.10  of  the penal law, escape in the first
    7  degree as defined in section 205.15 of the penal  law,  absconding  from
    8  temporary  release  in  the first degree as defined in section 205.17 of
    9  the penal law, promoting  prison  contraband  in  the  first  degree  as
   10  defined in section 205.25 of the penal law, hindering prosecution in the
   11  second  degree  as defined in section 205.60 of the penal law, hindering
   12  prosecution in the first degree as defined  in  section  205.65  of  the
   13  penal  law,  sex  trafficking  as defined in section 230.34 of the penal
   14  law, criminal possession of a weapon in the third degree as  defined  in
   15  subdivisions  two,  three  and  five of section 265.02 of the penal law,
   16  criminal possession of a weapon in  the  second  degree  as  defined  in
   17  section  265.03 of the penal law, criminal possession of a weapon in the
   18  first degree as defined in section 265.04 of the penal law, manufacture,
   19  transport, disposition and defacement of weapons and  dangerous  instru-
   20  ments  and  appliances defined as felonies in subdivisions one, two, and
   21  three of section 265.10 of the penal law, sections  265.11,  265.12  and
   22  265.13  of  the  penal  law,  or prohibited use of weapons as defined in
   23  subdivision two of section 265.35 of the penal law, relating to firearms
   24  and other dangerous weapons, or failure to  disclose  the  origin  of  a
   25  recording  in the first degree as defined in section 275.40 of the penal
   26  law;
   27    S 38. Paragraph (a) of subdivision 2 of section 720.10 of the criminal
   28  procedure law, as amended by chapter 316 of the laws of 2006, is amended
   29  to read as follows:
   30    (a) the conviction to be replaced by a youthful  offender  finding  is
   31  for  (i)  a  class  A-I or class A-II felony, or (ii) an armed felony as
   32  defined in subdivision forty-one of section 1.20, except as provided  in
   33  subdivision  three,  or (iii) rape in the first degree[, criminal sexual
   34  act in the first degree,] or aggravated sexual abuse, except as provided
   35  in subdivision three, or
   36    S 39. Paragraph (a) of subdivision 2 and paragraph (a) of  subdivision
   37  3 of section 168-a of the correction law, paragraph (a) of subdivision 2
   38  as  amended  by  chapter  405  of  the laws of 2008 and paragraph (a) of
   39  subdivision 3 as amended by chapter 107 of the laws of 2006, are amended
   40  to read as follows:
   41    (a) (i) a conviction of or a conviction for an attempt to  commit  any
   42  of  the  provisions of sections 120.70, 130.20, 130.25, 130.30, [130.40,
   43  130.45,] 130.60, 230.34, 250.50, 255.25, 255.26 and  255.27  or  article
   44  two  hundred  sixty-three  of  the penal law, or section 135.05, 135.10,
   45  135.20 or 135.25 of such law relating to kidnapping  offenses,  provided
   46  the  victim of such kidnapping or related offense is less than seventeen
   47  years old and the offender is not the parent of the victim,  or  section
   48  230.04, where the person patronized is in fact less than seventeen years
   49  of  age,  230.05  or  230.06,  or  subdivision two of section 230.30, or
   50  section 230.32 or 230.33 of the penal law, or (ii) a conviction of or  a
   51  conviction  for  an  attempt  to commit any of the provisions of section
   52  235.22 of the penal law, or (iii) a conviction of or a conviction for an
   53  attempt to commit any provisions of the foregoing sections committed  or
   54  attempted  as a hate crime defined in section 485.05 of the penal law or
   55  as a crime of terrorism defined in section 490.25 of such law  or  as  a
   56  sexually motivated felony defined in section 130.91 of such law; or
       A. 4959                            17
    1    (a)  (i)  a conviction of or a conviction for an attempt to commit any
    2  of the provisions of sections 130.35, [130.50,] 130.65, 130.66,  130.67,
    3  130.70,  130.75,  130.80,  130.95 and 130.96 of the penal law, or (ii) a
    4  conviction of or a conviction for  an  attempt  to  commit  any  of  the
    5  provisions  of sections 130.53, 130.65-a and 130.90 of the penal law, or
    6  (iii) a conviction of or a conviction  for  an  attempt  to  commit  any
    7  provisions  of  the  foregoing sections committed or attempted as a hate
    8  crime defined in section 485.05 of the  penal  law  or  as  a  crime  of
    9  terrorism defined in section 490.25 of such law; or
   10    S  40.  Subparagraph (ii) of paragraph (a), subparagraphs (i) and (ii)
   11  of paragraph (b) and paragraph (e) of subdivision 8 of section 384-b  of
   12  the social services law, subparagraph (ii) of paragraph (a) and subpara-
   13  graph  (i)  of  paragraph  (b), as amended by chapter 430 of the laws of
   14  2013, paragraph (e) as added and subparagraph (ii) of paragraph  (b)  as
   15  amended  by  chapter  7  of  the  laws  of  1999, are amended to read as
   16  follows:
   17    (ii) the child has been found to be an abused  child,  as  defined  in
   18  paragraph  (iii) of subdivision (e) of section ten hundred twelve of the
   19  family court act, as a result of such parent's acts; provided,  however,
   20  the  respondent must have committed or knowingly allowed to be committed
   21  a felony sex offense as defined  in  sections  130.25,  130.30,  130.35,
   22  [130.40, 130.45, 130.50,] 130.65, 130.67, 130.70, 130.75, 130.80, 130.95
   23  and  130.96  of  the penal law and, for the purposes of this section the
   24  corroboration requirements contained in the penal law shall not apply to
   25  proceedings under this section; or
   26    (i) the child has been found to be an abused child, (A) as defined  in
   27  paragraph  (i)  of  subdivision (e) of section ten hundred twelve of the
   28  family court act, as a result of such parent's acts; or (B)  as  defined
   29  in  paragraph  (iii) of subdivision (e) of section ten hundred twelve of
   30  the family court act, as a  result  of  such  parent's  acts;  provided,
   31  however,  the  respondent must have committed or knowingly allowed to be
   32  committed a felony sex offense as defined in  sections  130.25,  130.30,
   33  130.35,  [130.40,  130.45,  130.50,]  130.65,  130.67,  130.70,  130.75,
   34  130.80, 130.95 and 130.96 of the penal law; and
   35    (ii) (A) the child or another child for whose care such parent  is  or
   36  has  been legally responsible has been previously found, within the five
   37  years immediately preceding the initiation of the  proceeding  in  which
   38  such  abuse is found, to be an abused child, as defined in paragraph (i)
   39  or (iii) of subdivision (e) of section ten hundred twelve of the  family
   40  court  act, as a result of such parent's acts; provided, however, in the
   41  case of a finding of abuse as defined in paragraph (iii) of  subdivision
   42  (e) of section ten hundred twelve of the family court act the respondent
   43  must  have  committed  or knowingly allowed to be committed a felony sex
   44  offense as defined in sections 130.25, 130.30, 130.35, [130.40,  130.45,
   45  130.50,]  130.65, 130.67, 130.70, 130.75 and 130.80 of the penal law, or
   46  (B) the parent has been convicted  of  a  crime  under  section  130.25,
   47  130.30, 130.35, [130.40, 130.45, 130.50,] 130.65, 130.67, 130.70, 130.75
   48  or  130.80 of the penal law against the child, a sibling of the child or
   49  another child for whose care such parent is or has been legally  respon-
   50  sible,  within the five year period immediately preceding the initiation
   51  of the proceeding in which abuse is found; and
   52    (e) A determination by the court in accordance with article ten of the
   53  family court act based upon clear and convincing evidence that  a  child
   54  was abused (A) as defined in paragraph (i) of subdivision (e) of section
   55  ten hundred twelve of the family court act, as a result of such parent's
   56  acts; or (B) as defined in paragraph (iii) of subdivision (e) of section
       A. 4959                            18
    1  ten hundred twelve of the family court act, as a result of such parent's
    2  acts; provided, however, the respondent must have committed or knowingly
    3  allowed  to  be  committed  a  felony sex offense as defined in sections
    4  130.25,  130.30,  130.35,  [130.40,  130.45,  130.50,]  130.65,  130.67,
    5  130.70, 130.75 and 130.80 of the penal  law  shall  establish  that  the
    6  child was an abused child for the purpose of a determination as required
    7  by subparagraph (i) or (ii) of paragraph (b) of this subdivision. Such a
    8  determination  by the court in accordance with article ten of the family
    9  court act based upon a fair preponderance of evidence shall be  admissi-
   10  ble in any proceeding commenced in accordance with this section.
   11    S 41. Paragraphs (a) and (b) of subdivision 4 of section 509-cc of the
   12  vehicle  and traffic law, as amended by chapter 400 of the laws of 2011,
   13  are amended to read as follows:
   14    (a) The offenses referred to in subparagraph (ii) of paragraph (a)  of
   15  subdivision  one  and  paragraph  (a) of subdivision two of this section
   16  that result in permanent disqualification  shall  include  a  conviction
   17  under  sections  125.12, 125.13, 125.14, 125.15, 125.20, 125.21, 125.22,
   18  125.25,  125.26,  125.27,  130.30,  130.35,  [130.45,  130.50,]  130.65,
   19  130.66,  130.67, 130.70, 130.75, 130.80, 130.90, 130.95, 130.96, 135.25,
   20  150.20, 230.30, 230.32, 230.34, 235.22, 263.05, 263.10, 263.11,  263.15,
   21  263.16  of  the  penal  law or an attempt to commit any of the aforesaid
   22  offenses under section 110.00 of the penal law, or any offenses  commit-
   23  ted  under  a  former  section  of  the penal law which would constitute
   24  violations of the aforesaid sections of the penal law, or  any  offenses
   25  committed  outside  this  state which would constitute violations of the
   26  aforesaid sections of the penal law.
   27    (b) The offenses referred to in subparagraph (ii) of paragraph (a)  of
   28  subdivision  one  and  paragraph  (b) of subdivision two of this section
   29  that result in permanent disqualification  shall  include  a  conviction
   30  under  sections  100.13, 105.15, 105.17, 115.08, 120.12, 120.70, 125.10,
   31  125.11, [130.40,] 130.53,  130.60,  130.65-a,  135.20,  160.15,  220.18,
   32  220.21,  220.39,  220.41,  220.43, 220.44, 230.25, 260.00, 265.04 of the
   33  penal law or an attempt to commit any of the  aforesaid  offenses  under
   34  section  110.00  of  the  penal  law,  or any offenses committed under a
   35  former section of the penal law which would constitute violations of the
   36  aforesaid sections of the penal law, or any offenses  committed  outside
   37  this  state  which would constitute violations of the aforesaid sections
   38  of the penal law.
   39    S 42. Subdivision (b) of section 117  of  the  family  court  act,  as
   40  amended by chapter 7 of the laws of 2007, is amended to read as follows:
   41    (b)  For  every  juvenile  delinquency  proceeding under article three
   42  involving an allegation of an act committed by a person which,  if  done
   43  by  an adult, would be a crime (i) defined in sections 125.27 (murder in
   44  the first degree); 125.25 (murder in the second degree); 135.25 (kidnap-
   45  ping in the first degree); or 150.20 (arson in the first degree) of  the
   46  penal  law  committed by a person thirteen, fourteen or fifteen years of
   47  age; or such conduct committed as a  sexually  motivated  felony,  where
   48  authorized  pursuant to section 130.91 of the penal law; (ii) defined in
   49  sections 120.10 (assault in the first degree); 125.20  (manslaughter  in
   50  the  first degree); 130.35 (rape in the first degree); [130.50 (criminal
   51  sexual act in the first  degree);]  135.20  (kidnapping  in  the  second
   52  degree),  but only where the abduction involved the use or threat of use
   53  of deadly physical force; 150.15 (arson in the second degree); or 160.15
   54  (robbery in the first degree) of the penal law  committed  by  a  person
   55  thirteen, fourteen or fifteen years of age; or such conduct committed as
   56  a sexually motivated felony, where authorized pursuant to section 130.91
       A. 4959                            19
    1  of the penal law; (iii) defined in the penal law as an attempt to commit
    2  murder  in  the first or second degree or kidnapping in the first degree
    3  committed by a person thirteen, fourteen or fifteen  years  of  age;  or
    4  such  conduct committed as a sexually motivated felony, where authorized
    5  pursuant to section 130.91 of the penal law;  (iv)  defined  in  section
    6  140.30 (burglary in the first degree); subdivision one of section 140.25
    7  (burglary  in  the  second  degree);  subdivision  two of section 160.10
    8  (robbery in the second degree) of the penal law; or  section  265.03  of
    9  the  penal  law,  where such machine gun or such firearm is possessed on
   10  school grounds, as that phrase is defined  in  subdivision  fourteen  of
   11  section  220.00  of  the  penal  law  committed  by a person fourteen or
   12  fifteen years of age; or such conduct committed as a sexually  motivated
   13  felony,  where  authorized  pursuant to section 130.91 of the penal law;
   14  (v) defined in section 120.05 (assault in the second degree)  or  160.10
   15  (robbery  in  the  second degree) of the penal law committed by a person
   16  fourteen or fifteen years of age but only where there has been  a  prior
   17  finding  by  a  court  that  such person has previously committed an act
   18  which, if committed by an adult, would be the crime of  assault  in  the
   19  second degree, robbery in the second degree or any designated felony act
   20  specified in clause (i), (ii) or (iii) of this subdivision regardless of
   21  the  age  of such person at the time of the commission of the prior act;
   22  or (vi) other than a misdemeanor, committed by a person at  least  seven
   23  but  less  than  sixteen years of age, but only where there has been two
   24  prior findings by the court that such person has committed a  prior  act
   25  which, if committed by an adult would be a felony:
   26    (i) There is hereby established in the family court in the city of New
   27  York at least one "designated felony act part." Such part or parts shall
   28  be held separate from all other proceedings of the court, and shall have
   29  jurisdiction over all proceedings involving such an allegation. All such
   30  proceedings  shall  be originated in or be transferred to this part from
   31  other parts as they are made known to the court.
   32    (ii) Outside the city of New York, all proceedings involving  such  an
   33  allegation  shall  have a hearing preference over every other proceeding
   34  in the court, except proceedings under article ten.
   35    S 43. Paragraph (ii) of subdivision 8 of section 301.2 of  the  family
   36  court  act,  as  amended by chapter 7 of the laws of 2007, is amended to
   37  read as follows:
   38    (ii) defined in sections 120.10 (assault in the first degree);  125.20
   39  (manslaughter  in  the first degree); 130.35 (rape in the first degree);
   40  [130.50 (criminal sexual act in the first degree);]  130.70  (aggravated
   41  sexual  abuse  in  the  first  degree); 135.20 (kidnapping in the second
   42  degree) but only where the abduction involved the use or threat  of  use
   43  of  deadly physical force; 150.15 (arson in the second degree) or 160.15
   44  (robbery in the first degree) of the penal law  committed  by  a  person
   45  thirteen, fourteen or fifteen years of age; or such conduct committed as
   46  a sexually motivated felony, where authorized pursuant to section 130.91
   47  of the penal law;
   48    S  44.  Subdivision  4  of  section  308.1 of the family court act, as
   49  amended by chapter 264 of the laws  of  2003,  is  amended  to  read  as
   50  follows:
   51    4.  The  probation  service shall not adjust a case in which the child
   52  has allegedly committed a delinquent act which would be a crime  defined
   53  in  section 120.25, (reckless endangerment in the first degree), [subdi-
   54  vision one of section  125.15,  (manslaughter  in  the  second  degree),
   55  subdivision]  SUBDIVISIONS  one  AND TWO of section 130.25, (rape in the
   56  third degree), [subdivision one of section 130.40, (criminal sexual  act
       A. 4959                            20
    1  in the third degree),] subdivision one or two of section 130.65, (sexual
    2  abuse  in  the  first  degree),  section  135.65, (coercion in the first
    3  degree), section 140.20, (burglary in the third degree), section 150.10,
    4  (arson  in  the  third  degree),  section  160.05, (robbery in the third
    5  degree), subdivision two, three or four  of  section  265.02,  (criminal
    6  possession  of  a weapon in the third degree), section 265.03, (criminal
    7  possession of a weapon in the second degree), or section 265.04, (crimi-
    8  nal possession of a dangerous weapon in the first degree) of  the  penal
    9  law where the child has previously had one or more adjustments of a case
   10  in  which  such  child allegedly committed an act which would be a crime
   11  specified in this subdivision unless it has  received  written  approval
   12  from the court and the appropriate presentment agency.
   13    S  45.  Subdivision  (c)  of  section 1052 of the family court act, as
   14  added by chapter 739 of the laws of 1981, is amended to read as follows:
   15    (c) Prior to granting an order of disposition pursuant to  subdivision
   16  (a) of this section following an adjudication of child abuse, as defined
   17  in  paragraph  (i)  of  subdivision (e) of section ten hundred twelve of
   18  this act or a finding of a felony sex offense  as  defined  in  sections
   19  130.25,  130.30,  130.35, [130.40, 130.45, 130.50,] 130.65 and 130.70 of
   20  the penal law, the court shall advise the respondent that any subsequent
   21  adjudication of child abuse, as defined in paragraph (i) of  subdivision
   22  (e) of section one thousand twelve of this act or any subsequent finding
   23  of  a  felony  sex offense as defined in those sections of the penal law
   24  herein enumerated, arising out of acts of the respondent may  result  in
   25  the  commitment  of the guardianship and custody of the child or another
   26  child pursuant to section three  hundred  eighty-four-b  of  the  social
   27  services law. The order in such cases shall contain a statement that any
   28  subsequent  adjudication  of  child  abuse  or  finding  of a felony sex
   29  offense as described herein may result in the commitment of the  guardi-
   30  anship  and  custody  of the child, or another child pursuant to section
   31  three hundred eighty-four-b of the social services law.
   32    S 46. Subdivision 2 of section 61 of the civil rights law, as  amended
   33  by  section 54 of subpart B of part C of chapter 62 of the laws of 2011,
   34  is amended to read as follows:
   35    2. If the petitioner stands convicted of a violent felony  offense  as
   36  defined in section 70.02 of the penal law or a felony defined in article
   37  one  hundred  twenty-five of such law or any of the following provisions
   38  of such law sections 130.25, 130.30, [130.40, 130.45,]  255.25,  255.26,
   39  255.27, article two hundred sixty-three, 135.10, 135.25, 230.05, 230.06,
   40  subdivision  two  of section 230.30 or 230.32, and is currently confined
   41  as an inmate in any correctional facility or currently under the  super-
   42  vision  of  the department of corrections and community supervision or a
   43  county probation department as a result of such conviction, the petition
   44  shall for each such conviction specify such felony conviction, the  date
   45  of  such  conviction  or  convictions,  and  the  court  in  which  such
   46  conviction or convictions were entered.
   47    S 47. Subdivision 2 of section 62 of the civil rights law, as  amended
   48  by  section 55 of subpart B of part C of chapter 62 of the laws of 2011,
   49  is amended to read as follows:
   50    2. If the petition be  to  change  the  name  of  a  person  currently
   51  confined  as  an  inmate in any correctional facility or currently under
   52  the supervision of the department of corrections  and  community  super-
   53  vision  or a county probation department as a result of a conviction for
   54  a violent felony offense as defined in section 70.02 of the penal law or
   55  a felony defined in article one hundred twenty-five of such law  or  any
   56  of  the  following  provisions  of  such  law  sections  130.25, 130.30,
       A. 4959                            21
    1  [130.40, 130.45,] 255.25, 255.26, 255.27,  article  two  hundred  sixty-
    2  three, 135.10, 135.25, 230.05, 230.06, subdivision two of section 230.30
    3  or 230.32, notice of the time and place when and where the petition will
    4  be  presented  shall  be  served, in like manner as a notice of a motion
    5  upon an attorney in an action, upon the district attorney of every coun-
    6  ty in which such person has been convicted of such felony and  upon  the
    7  court  or  courts  in  which  the  sentence for such felony was entered.
    8  Unless a shorter period of time is ordered by  the  court,  said  notice
    9  shall be served upon each such district attorney and court or courts not
   10  less than sixty days prior to the date on which such petition is noticed
   11  to be heard.
   12    S  48. The closing paragraph of section 64 of the civil rights law, as
   13  separately amended by chapters 258, 320 and 481 of the laws of 2006,  is
   14  amended to read as follows:
   15    Upon  compliance with the order and the filing of the affidavit of the
   16  publication, as provided in this section, the  clerk  of  the  court  in
   17  which  the  order has been entered shall certify that the order has been
   18  complied with; and, if the petition states that  the  petitioner  stands
   19  convicted of a violent felony offense as defined in section 70.02 of the
   20  penal law or a felony defined in article one hundred twenty-five of such
   21  law  or  any  of  the  following provisions of such law sections 130.25,
   22  130.30, [130.40, 130.45,] 255.25, 255.26, 255.27,  article  two  hundred
   23  sixty-three,  135.10, 135.25, 230.05, 230.06, subdivision two of section
   24  230.30 or 230.32, such clerk (1) shall deliver, by first class  mail,  a
   25  copy  of  such  certified  order  to  the  division  of criminal justice
   26  services at its office in the county of Albany and (2) upon the clerk of
   27  the court reviewing the petitioner's application  for  name  change  and
   28  subsequent in-court inquiry, may, in the clerk's discretion, deliver, by
   29  first class mail, the petitioner's new name with such certified order to
   30  the court of competent jurisdiction which imposed the orders of support.
   31  Such  certification shall appear on the original order and on any certi-
   32  fied copy thereof and shall be entered in the  clerk's  minutes  of  the
   33  proceeding.
   34    S  49.  Section 213-c of the civil practice law and rules, as added by
   35  chapter 3 of the laws of 2006, is amended to read as follows:
   36    S 213-c. Action by  victim  of  conduct  constituting  certain  sexual
   37  offenses.  Notwithstanding  any other limitation set forth in this arti-
   38  cle, a civil claim or cause of action to recover  from  a  defendant  as
   39  hereinafter  defined,  for  physical,  psychological  or other injury or
   40  condition suffered by a person as a result of acts by such defendant  of
   41  rape  in the first degree as defined in section 130.35 of the penal law,
   42  [or criminal sexual act in the first degree as defined in section 130.50
   43  of the penal law,] or aggravated sexual abuse in  the  first  degree  as
   44  defined  in section 130.70 of the penal law, or course of sexual conduct
   45  against a child in the first degree as defined in section 130.75 of  the
   46  penal law may be brought within five years. As used in this section, the
   47  term "defendant" shall mean only a person who commits the acts described
   48  in  this section or who, in a criminal proceeding, could be charged with
   49  criminal liability for the commission of such acts pursuant  to  section
   50  20.00 of the penal law and shall not apply to any related civil claim or
   51  cause of action arising from such acts. Nothing in this section shall be
   52  construed  to  require  that  a criminal charge be brought or a criminal
   53  conviction be obtained as a condition  of  bringing  a  civil  cause  of
   54  action  or  receiving  a  civil  judgment pursuant to this section or be
   55  construed to require that any of the rules governing a criminal proceed-
   56  ing be applicable to any such civil action.
       A. 4959                            22
    1    S 50. 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    S 51. 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 of section 130.35 of the penal law[, criminal sexual act
   27  in the first degree as defined in subdivision  one  or  two  of  section
   28  130.50  of  the penal law] or kidnapping within the dwelling or upon the
   29  real property of the owner of the dog and the dog injured or killed  the
   30  person committing such criminal activity.
   31    S 52. Section 4 of the judiciary law, as amended by chapter 264 of the
   32  laws of 2003, is amended to read as follows:
   33    S  4.  Sittings  of  courts  to be public. The sittings of every court
   34  within this state shall be public, and every citizen may  freely  attend
   35  the  same,  except  that  in  all  proceedings  and  trials in cases for
   36  divorce, seduction, abortion, rape, assault with intent to commit  rape,
   37  [criminal  sexual  act,]  bastardy  or  filiation, the court may, in its
   38  discretion, exclude therefrom all persons who are  not  directly  inter-
   39  ested therein, excepting jurors, witnesses, and officers of the court.
   40    S  53. Subdivision 2 of section 120.60 of the penal law, as amended by
   41  chapter 434 of the laws of 2000, is amended to read as follows:
   42    2. commits a class A misdemeanor defined in article one hundred thirty
   43  of this chapter, or a class E felony defined in section 130.25, [130.40]
   44  or 130.85 of this chapter, or a class D felony defined in section 130.30
   45  [or 130.45] of this chapter.
   46    S 54. This act shall take effect on the ninetieth day after  it  shall
   47  have become a law and shall apply to any offense on or after such effec-
   48  tive  date.  As  it pertains to the repealed sections of law, nothing in
   49  this act shall affect a requirement to register pursuant to article  6-C
   50  of  the  correction law; a lawfully required disclosure of a conviction;
   51  any restriction or prohibition for certain types of employment, housing,
   52  or government  benefit;  or  any  other  ongoing  matter  related  to  a
   53  conviction of the sections repealed in this act.