S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7240
                                   I N  S E N A T E
                                      May 7, 2014
                                      ___________
       Introduced  by Sen. GIANARIS -- read twice and ordered printed, and when
         printed to be committed 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    2  REPEALED.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;
   15    2. HE OR SHE ENGAGES IN ORAL SEXUAL CONDUCT  OR  ANAL  SEXUAL  CONDUCT
   16  WITH ANOTHER PERSON WHO IS INCAPABLE OF CONSENT BY REASON OF SOME FACTOR
   17  OTHER THAN BEING LESS THAN SEVENTEEN YEARS OLD;
   18    3.  Being  twenty-one  years  old or more, he or she engages in sexual
   19  intercourse with another person less than seventeen years old; [or
   20    3.] 4.  BEING TWENTY-ONE YEARS OLD OR MORE, HE OR SHE ENGAGES IN  ORAL
   21  SEXUAL  CONDUCT  OR  ANAL  SEXUAL  CONDUCT WITH ANOTHER PERSON LESS THAN
   22  SEVENTEEN YEARS OLD;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02734-11-4
       S. 7240                             2
    1    5. He or she engages in sexual intercourse with another person without
    2  such person's consent where such lack of consent is by  reason  of  some
    3  factor other than incapacity to consent[.]; OR
    4    6.  HE  OR  SHE  ENGAGES IN ORAL SEXUAL CONDUCT OR ANAL SEXUAL CONDUCT
    5  WITH ANOTHER PERSON WITHOUT SUCH PERSON'S CONSENT  WHERE  SUCH  LACK  OF
    6  CONSENT IS BY REASON OF SOME FACTOR OTHER THAN INCAPACITY TO CONSENT.
    7    Rape in the third degree is a class E felony.
    8    S  4.  Section 130.30 of the penal law, as amended by chapter 1 of the
    9  laws of 2000, is amended to read as follows:
   10  S 130.30 Rape in the second degree.
   11    A person is guilty of rape in the second degree when:
   12    1. being eighteen years old or more,  he  or  she  engages  in  sexual
   13  intercourse with another person less than fifteen years old; [or]
   14    2.  BEING EIGHTEEN YEARS OLD OR MORE, HE OR SHE ENGAGES IN ORAL SEXUAL
   15  CONDUCT OR ANAL SEXUAL CONDUCT WITH ANOTHER  PERSON  LESS  THAN  FIFTEEN
   16  YEARS OLD;
   17    3.  he or she engages in sexual intercourse with another person who is
   18  incapable of consent by reason of being mentally  disabled  or  mentally
   19  incapacitated[.] ; OR
   20    4.  HE  OR  SHE  ENGAGES IN ORAL SEXUAL CONDUCT OR ANAL SEXUAL CONDUCT
   21  WITH ANOTHER PERSON WHO IS INCAPABLE  OF  CONSENT  BY  REASON  OF  BEING
   22  MENTALLY DISABLED OR MENTALLY INCAPACITATED.
   23    It  shall be an affirmative defense to the crime of rape in the second
   24  degree as defined in [subdivision] SUBDIVISIONS  one  AND  TWO  of  this
   25  section  that  the  defendant  was  less  than four years older than the
   26  victim at the time of the act.
   27    Rape in the second degree is a class D felony.
   28    S 5. Section 130.35 of the penal law, as amended by chapter 1  of  the
   29  laws of 2000, is amended to read as follows:
   30  S 130.35 Rape in the first degree.
   31    A person is guilty of rape in the first degree when:
   32    1. he or she engages in sexual intercourse with another person:
   33    [1.] (A) By forcible compulsion; or
   34    [2.]  (B)  Who  is  incapable of consent by reason of being physically
   35  helpless; or
   36    [3.] (C) Who is less than eleven years old; or
   37    [4.] (D) Who is less than thirteen years old and the actor is eighteen
   38  years old or more[.]; OR
   39    2. HE OR SHE ENGAGES IN ORAL SEXUAL CONDUCT  OR  ANAL  SEXUAL  CONDUCT
   40  WITH ANOTHER PERSON:
   41    (A) BY FORCIBLE COMPULSION; OR
   42    (B)  WHO  IS  INCAPABLE OF CONSENT BY REASON OF BEING PHYSICALLY HELP-
   43  LESS; OR
   44    (C) WHO IS LESS THAN ELEVEN YEARS OLD; OR
   45    (D) WHO IS LESS THAN THIRTEEN YEARS OLD  AND  THE  ACTOR  IS  EIGHTEEN
   46  YEARS OLD OR MORE.
   47    Rape in the first degree is a class B felony.
   48    S  6. Paragraph 2 of subdivision 18 of section 10.00 of the penal law,
   49  as amended by chapter 7 of the laws of  2007,  is  amended  to  read  as
   50  follows:
   51    (2) a person fourteen or fifteen years old who is criminally responsi-
   52  ble for acts constituting the crimes defined in subdivisions one and two
   53  of section 125.25 (murder in the second degree) and in subdivision three
   54  of such section provided that the underlying crime for the murder charge
   55  is  one  for which such person is criminally responsible; section 135.25
   56  (kidnapping in the first degree); 150.20 (arson in  the  first  degree);
       S. 7240                             3
    1  subdivisions  one  and  two  of  section  120.10  (assault  in the first
    2  degree); 125.20 (manslaughter in the first  degree);  [subdivisions  one
    3  and]  PARAGRAPHS  (A)  AND (B) OF SUBDIVISION ONE AND PARAGRAPHS (A) AND
    4  (B)  OF  SUBDIVISION  two  of section 130.35 (rape in the first degree);
    5  [subdivisions one and two of section 130.50 (criminal sexual act in  the
    6  first  degree);]  130.70  (aggravated sexual abuse in the first degree);
    7  140.30 (burglary in the first degree); subdivision one of section 140.25
    8  (burglary in the second degree); 150.15 (arson in  the  second  degree);
    9  160.15  (robbery in the first degree); subdivision two of section 160.10
   10  (robbery in the second degree) of this chapter;  or  section  265.03  of
   11  this  chapter,  where  such  machine gun or such firearm is possessed on
   12  school grounds, as that phrase is defined  in  subdivision  fourteen  of
   13  section 220.00 of this chapter; or defined in this chapter as an attempt
   14  to commit murder in the second degree or kidnapping in the first degree,
   15  or  such conduct as a sexually motivated felony, where authorized pursu-
   16  ant to section 130.91 of [the penal law] THIS CHAPTER.
   17    S 7. Subdivision 2 of section 30.00 of the penal law,  as  amended  by
   18  chapter 7 of the laws of 2007, is amended to read as follows:
   19    2.  A  person thirteen, fourteen or fifteen years of age is criminally
   20  responsible for acts constituting murder in the second degree as defined
   21  in subdivisions one and two of section 125.25 and in  subdivision  three
   22  of such section provided that the underlying crime for the murder charge
   23  is  one  for  which  such  person  is criminally responsible or for such
   24  conduct as a sexually motivated felony,  where  authorized  pursuant  to
   25  section  130.91  [of  the  penal  law]; and a person fourteen or fifteen
   26  years of age is criminally responsible for acts constituting the  crimes
   27  defined  in  section  135.25  (kidnapping  in  the first degree); 150.20
   28  (arson in the first degree); subdivisions one and two of section  120.10
   29  (assault  in  the  first  degree);  125.20  (manslaughter  in  the first
   30  degree); [subdivisions one and] PARAGRAPHS (A) AND  (B)  OF  SUBDIVISION
   31  ONE  AND  PARAGRAPHS  (A)  AND  (B) OF SUBDIVISION two of section 130.35
   32  (rape in the first degree); [subdivisions one and two of section  130.50
   33  (criminal  sexual  act  in  the first degree); 130.70 (aggravated sexual
   34  abuse in the first degree);] 140.30  (burglary  in  the  first  degree);
   35  subdivision  one  of  section  140.25  (burglary  in the second degree);
   36  150.15 (arson in the  second  degree);  160.15  (robbery  in  the  first
   37  degree);  subdivision  two  of  section  160.10  (robbery  in the second
   38  degree) of this chapter; or section 265.03 of this chapter,  where  such
   39  machine  gun  or  such  firearm  is possessed on school grounds, as that
   40  phrase is defined in subdivision fourteen  of  section  220.00  of  this
   41  chapter;  or  defined  in this chapter as an attempt to commit murder in
   42  the second degree or kidnapping in the first degree, or for such conduct
   43  as a sexually motivated felony, where  authorized  pursuant  to  section
   44  130.91 of [the penal law] THIS CHAPTER.
   45    S 8. Paragraph (b) of subdivision 2 of section 35.15 of the penal law,
   46  as  amended  by  chapter  511 of the laws of 2004, is amended to read as
   47  follows:
   48    (b) He or she reasonably believes that such other person is committing
   49  or attempting to commit a kidnapping, forcible rape, [forcible  criminal
   50  sexual act] FORCIBLE AGGRAVATED SEXUAL ABUSE, or robbery; or
   51    S  9.  The opening paragraph of subdivision 3 of section 125.25 of the
   52  penal law, as amended by chapter 264 of the laws of 2003, is amended  to
   53  read as follows:
   54    Acting  either  alone or with one or more other persons, he commits or
   55  attempts to commit robbery, burglary, kidnapping,  arson,  rape  in  the
   56  first degree, [criminal sexual act in the first degree,] sexual abuse in
       S. 7240                             4
    1  the  first  degree, aggravated sexual abuse, escape in the first degree,
    2  or escape in the second degree, and, in the course of and in furtherance
    3  of such crime or of immediate flight therefrom, he, or  another  partic-
    4  ipant,  if  there be any, causes the death of a person other than one of
    5  the participants; except that in any prosecution under this subdivision,
    6  in which the defendant was not the only participant  in  the  underlying
    7  crime, it is an affirmative defense that the defendant:
    8    S  10. Paragraphs (a) and (c) of subdivision 1 of section 70.02 of the
    9  penal law, paragraph (a) as amended by chapter 320 of the laws  of  2006
   10  and  paragraph  (c)  as  amended  by  chapter 1 of the laws of 2013, are
   11  amended to read as follows:
   12    (a) Class B violent felony offenses: an attempt to  commit  the  class
   13  A-I  felonies  of  murder  in  the  second  degree as defined in section
   14  125.25, kidnapping in the first degree as defined in section 135.25, and
   15  arson in the first degree as defined in section 150.20; manslaughter  in
   16  the  first  degree as defined in section 125.20, aggravated manslaughter
   17  in the first degree as defined in section  125.22,  rape  in  the  first
   18  degree  as  defined in section 130.35, [criminal sexual act in the first
   19  degree as defined in section 130.50,] aggravated  sexual  abuse  in  the
   20  first  degree  as  defined  in  section 130.70, course of sexual conduct
   21  against a child in the  first  degree  as  defined  in  section  130.75;
   22  assault  in the first degree as defined in section 120.10, kidnapping in
   23  the second degree as defined in section 135.20, burglary  in  the  first
   24  degree  as  defined  in  section  140.30,  arson in the second degree as
   25  defined in section 150.15, robbery in the first  degree  as  defined  in
   26  section 160.15, incest in the first degree as defined in section 255.27,
   27  criminal  possession  of  a  weapon  in  the  first degree as defined in
   28  section 265.04, criminal use of a firearm in the first degree as defined
   29  in section 265.09, criminal sale of a firearm in  the  first  degree  as
   30  defined in section 265.13, aggravated assault upon a police officer or a
   31  peace  officer  as  defined in section 120.11, gang assault in the first
   32  degree as defined in section 120.07, intimidating a victim or witness in
   33  the first degree as defined in section 215.17, hindering prosecution  of
   34  terrorism  in  the  first  degree as defined in section 490.35, criminal
   35  possession of a chemical weapon  or  biological  weapon  in  the  second
   36  degree  as  defined  in  section  490.40, and criminal use of a chemical
   37  weapon or biological weapon in the third degree as  defined  in  section
   38  490.47.
   39    (c)  Class  D violent felony offenses: an attempt to commit any of the
   40  class C felonies set forth in paragraph (b); reckless assault of a child
   41  as defined in section 120.02, assault in the second degree as defined in
   42  section 120.05, menacing a police officer or peace officer as defined in
   43  section 120.18, stalking in the first degree, as defined in  subdivision
   44  one  of section 120.60, strangulation in the second degree as defined in
   45  section 121.12, rape in the second degree as defined in section  130.30,
   46  [criminal sexual act in the second degree as defined in section 130.45,]
   47  sexual abuse in the first degree as defined in section 130.65, course of
   48  sexual  conduct  against  a  child  in  the  second degree as defined in
   49  section 130.80, aggravated sexual abuse in the third degree  as  defined
   50  in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
   51  substance as defined in section 130.90, criminal possession of a  weapon
   52  in  the  third degree as defined in subdivision five, six, seven, eight,
   53  nine or ten of section 265.02, criminal sale of a firearm in  the  third
   54  degree as defined in section 265.11, intimidating a victim or witness in
   55  the  second degree as defined in section 215.16, soliciting or providing
   56  support for an act of terrorism in  the  second  degree  as  defined  in
       S. 7240                             5
    1  section  490.10,  and  making a terroristic threat as defined in section
    2  490.20, falsely reporting an incident in the first degree as defined  in
    3  section 240.60, placing a false bomb or hazardous substance in the first
    4  degree  as  defined in section 240.62, placing a false bomb or hazardous
    5  substance in a sports stadium or arena, mass transportation facility  or
    6  enclosed shopping mall as defined in section 240.63, [and] OR aggravated
    7  unpermitted use of indoor pyrotechnics in the first degree as defined in
    8  section 405.18.
    9    S 11. Paragraph b of subdivision 5 of section 120.40 of the penal law,
   10  as  amended  by  chapter  320 of the laws of 2006, is amended to read as
   11  follows:
   12    b. a  crime  defined  in  section  130.20,  130.25,  130.30,  [130.40,
   13  130.45,] 130.55, 130.60, 130.70, 255.25, 255.26 or 255.27;
   14    S  12. Paragraph (d) of subdivision 2 and paragraph (h) of subdivision
   15  3 of section 130.05 of the penal law, paragraph (d) of subdivision 2  as
   16  amended  by chapter 40 of the laws of 2004 and paragraph (h) of subdivi-
   17  sion 3 as amended by section 2 of part G of chapter 501 of the  laws  of
   18  2012, are amended to read as follows:
   19    (d)  Where  the offense charged is rape in the third degree as defined
   20  in [subdivision three] SUBDIVISIONS FIVE AND SIX of section 130.25,  [or
   21  criminal  sexual act in the third degree as defined in subdivision three
   22  of section 130.40,] in addition to  forcible  compulsion,  circumstances
   23  under  which, at the time of the act of intercourse, oral sexual conduct
   24  or anal sexual conduct, the victim clearly expressed that he or she  did
   25  not  consent  to  engage  in  such  act,  and a reasonable person in the
   26  actor's situation would have understood such person's words and acts  as
   27  an  expression  of  lack  of  consent  to such act under all the circum-
   28  stances.
   29    (h) a client or patient and the actor is a  health  care  provider  or
   30  mental  health  care  provider  charged with rape in the third degree as
   31  defined in section 130.25, [criminal sexual act in the third  degree  as
   32  defined in section 130.40,] aggravated sexual abuse in the fourth degree
   33  as  defined  in section 130.65-a, or sexual abuse in the third degree as
   34  defined in section 130.55, and the act of sexual conduct occurs during a
   35  treatment session, consultation, interview, or examination; or
   36    S 13. The opening paragraph of subdivision 3 of section 125.25 of  the
   37  penal  law, as amended by chapter 264 of the laws of 2003, is amended to
   38  read as follows:
   39    Acting either alone or with one or more other persons, he  commits  or
   40  attempts  to  commit  robbery,  burglary, kidnapping, arson, rape in the
   41  first degree, [criminal sexual act in the first degree], sexual abuse in
   42  the first degree, aggravated sexual abuse, escape in the  first  degree,
   43  or escape in the second degree, and, in the course of and in furtherance
   44  of  such  crime or of immediate flight therefrom, he, or another partic-
   45  ipant, if there be any, causes the death of a person other than  one  of
   46  the participants; except that in any prosecution under this subdivision,
   47  in  which  the  defendant was not the only participant in the underlying
   48  crime, it is an affirmative defense that the defendant:
   49    S 14. Subdivision 5 of section 125.25 of the penal law, as amended  by
   50  chapter 320 of the laws of 2006, is amended to read as follows:
   51    5. Being eighteen years old or more, while in the course of committing
   52  rape  in  the first, second or third degree, [criminal sexual act in the
   53  first, second or third degree,] sexual abuse in the first degree, aggra-
   54  vated sexual abuse in the first, second,  third  or  fourth  degree,  or
   55  incest  in the first, second or third degree, against a person less than
       S. 7240                             6
    1  fourteen years old, he or she intentionally causes  the  death  of  such
    2  person.
    3    S  15. Subparagraph (vii) of paragraph (a) of subdivision 1 of section
    4  125.27 of the penal law, as amended by chapter 264 of the laws of  2003,
    5  is amended to read as follows:
    6    (vii)  the  victim was killed while the defendant was in the course of
    7  committing or attempting  to  commit  and  in  furtherance  of  robbery,
    8  burglary  in  the first degree or second degree, kidnapping in the first
    9  degree, arson in the first degree or second degree, rape  in  the  first
   10  degree,  [criminal  sexual act in the first degree,] sexual abuse in the
   11  first degree, aggravated sexual abuse in the first degree or  escape  in
   12  the  first  degree,  or  in  the  course of and furtherance of immediate
   13  flight after committing or attempting to commit any such crime or in the
   14  course of and furtherance of immediate flight after attempting to commit
   15  the crime of murder in the second degree; provided however,  the  victim
   16  is  not  a participant in one of the aforementioned crimes and, provided
   17  further that, unless  the  defendant's  criminal  liability  under  this
   18  subparagraph is based upon the defendant having commanded another person
   19  to  cause the death of the victim or intended victim pursuant to section
   20  20.00 of this chapter, this  subparagraph  shall  not  apply  where  the
   21  defendant's  criminal  liability  is  based  upon the conduct of another
   22  pursuant to section 20.00 of this chapter; or
   23    S 16. Intentionally omitted.
   24    S 17. Intentionally omitted.
   25    S 18. Subdivision 3 of section 130.10 of the penal law, as amended  by
   26  chapter 264 of the laws of 2003, is amended to read as follows:
   27    3.  In  any  prosecution  for the crime of rape in the third degree as
   28  defined in section 130.25, [criminal sexual act in the third  degree  as
   29  defined in section 130.40,] aggravated sexual abuse in the fourth degree
   30  as  defined  in section 130.65-a, or sexual abuse in the third degree as
   31  defined in section 130.55 in which incapacity to consent is based on the
   32  circumstances set forth in paragraph (h) of subdivision three of section
   33  130.05 of this article it shall  be  an  affirmative  defense  that  the
   34  client  or  patient  consented to such conduct charged after having been
   35  expressly advised by the health care or mental health care provider that
   36  such conduct was not performed for a valid medical purpose.
   37    S 19. The opening paragraph and subdivision 2 of section 130.95 of the
   38  penal law, as added by chapter 107 of the laws of 2006, are  amended  to
   39  read as follows:
   40    A  person is guilty of predatory sexual assault when he or she commits
   41  the crime of rape in the first degree, [criminal sexual act in the first
   42  degree,] aggravated sexual abuse in the first degree, or course of sexu-
   43  al conduct against a child in the first degree, as defined in this arti-
   44  cle, and when:
   45    2. He or she has engaged in conduct constituting the crime of rape  in
   46  the  first degree, [criminal sexual act in the first degree,] aggravated
   47  sexual abuse in the first degree, or course of sexual conduct against  a
   48  child  in  the  first degree, as defined in this article, against one or
   49  more additional persons; or
   50    S 20. The opening paragraph of section 130.96 of  the  penal  law,  as
   51  added by chapter 107 of the laws of 2006, is amended to read as follows:
   52    A  person  is guilty of predatory sexual assault against a child when,
   53  being eighteen years old or more, he or she commits the crime of rape in
   54  the first degree, [criminal sexual act in the first degree,]  aggravated
   55  sexual  abuse in the first degree, or course of sexual conduct against a
       S. 7240                             7
    1  child in the first degree, as defined in this article, and the victim is
    2  less than thirteen years old.
    3    S  21.  Subdivision  2 of section 240.75 of the penal law, as added by
    4  section 2 of part D of chapter 491 of the laws of 2012,  is  amended  to
    5  read as follows:
    6    2.  A  "specified  offense"  is  an  offense defined in section 120.00
    7  (assault in the third degree); section 120.05  (assault  in  the  second
    8  degree);  section  120.10  (assault in the first degree); section 120.13
    9  (menacing in the first degree); section 120.14 (menacing in  the  second
   10  degree);  section  120.15 (menacing in the third degree); section 120.20
   11  (reckless endangerment in the second degree); section  120.25  (reckless
   12  endangerment  in  the  first  degree);  section  120.45 (stalking in the
   13  fourth degree); section 120.50 (stalking in the third  degree);  section
   14  120.55  (stalking in the second degree); section 120.60 (stalking in the
   15  first degree); section 121.11  (criminal  obstruction  of  breathing  or
   16  blood circulation); section 121.12 (strangulation in the second degree);
   17  section  121.13  (strangulation in the first degree); subdivision one of
   18  section 125.15 (manslaughter in the second degree); subdivision one, two
   19  or four of section 125.20 (manslaughter in the  first  degree);  section
   20  125.25  (murder  in  the  second degree); section 130.20 (sexual miscon-
   21  duct); SECTION 130.25 (RAPE IN THE THIRD DEGREE); section  130.30  (rape
   22  in  the  second  degree);  section  130.35  (rape  in the first degree);
   23  [section 130.40 (criminal sexual  act  in  the  third  degree);  section
   24  130.45 (criminal sexual act in the second degree); section 130.50 (crim-
   25  inal  sexual  act in the first degree);] section 130.52 (forcible touch-
   26  ing); section 130.53 (persistent sexual abuse); section  130.55  (sexual
   27  abuse  in  the third degree); section 130.60 (sexual abuse in the second
   28  degree); section 130.65 (sexual abuse  in  the  first  degree);  section
   29  130.66  (aggravated  sexual  abuse  in the third degree); section 130.67
   30  (aggravated sexual abuse in the second degree); section  130.70  (aggra-
   31  vated  sexual abuse in the first degree); section 130.91 (sexually moti-
   32  vated felony); section 130.95 (predatory sexual assault); section 130.96
   33  (predatory sexual assault against a  child);  section  135.05  (unlawful
   34  imprisonment  in  the second degree); section 135.10 (unlawful imprison-
   35  ment in the first  degree);  section  135.60  (coercion  in  the  second
   36  degree);  section  135.65 (coercion in the first degree); section 140.20
   37  (burglary in the third degree); section 140.25 (burglary in  the  second
   38  degree);  section  140.30 (burglary in the first degree); section 145.00
   39  (criminal mischief in  the  fourth  degree);  section  145.05  (criminal
   40  mischief  in the third degree); section 145.10 (criminal mischief in the
   41  second degree); section 145.12 (criminal mischief in the first  degree);
   42  section  145.14 (criminal tampering in the third degree); section 215.50
   43  (criminal contempt in  the  second  degree);  section  215.51  (criminal
   44  contempt  in  the  first  degree);  section  215.52 (aggravated criminal
   45  contempt); section 240.25 (harassment in the first degree);  subdivision
   46  one,  two or four of section 240.30 (aggravated harassment in the second
   47  degree); aggravated family offense as defined in  this  section  or  any
   48  attempt  or conspiracy to commit any of the foregoing offenses where the
   49  defendant and the person against whom the  offense  was  committed  were
   50  members of the same family or household as defined in subdivision one of
   51  section 530.11 of the criminal procedure law.
   52    S  22. Section 255.26 of the penal law, as added by chapter 320 of the
   53  laws of 2006, is amended to read as follows:
   54  S 255.26 Incest in the second degree.
   55    A person is guilty of incest in the  second  degree  when  he  or  she
   56  commits  the  crime  of rape in the second degree, as defined in section
       S. 7240                             8
    1  130.30 of this part, [or criminal sexual act in the  second  degree,  as
    2  defined in section 130.45 of this part,] against a person whom he or she
    3  knows  to  be related to him or her, whether through marriage or not, as
    4  an  ancestor,  descendant,  brother or sister of either the whole or the
    5  half blood, uncle, aunt, nephew or niece.
    6    Incest in the second degree is a class D felony.
    7    S 23. Section 255.27 of the penal law, as added by chapter 320 of  the
    8  laws of 2006, is amended to read as follows:
    9  S 255.27 Incest in the first degree.
   10    A  person  is  guilty  of  incest  in  the first degree when he or she
   11  commits the crime of rape in the first degree, as defined  in  PARAGRAPH
   12  (C)  OR  (D) OF subdivision [three or four] ONE AND PARAGRAPH (C) OR (D)
   13  OF SUBDIVISION TWO of section 130.35 of this part[, or  criminal  sexual
   14  act  in  the  first  degree,  as defined in subdivision three or four of
   15  section 130.50 of this part,] against a person whom he or she  knows  to
   16  be  related to him or her, whether through marriage or not, as an ances-
   17  tor, descendant, brother or sister of either the whole  or  half  blood,
   18  uncle, aunt, nephew or niece.
   19    Incest in the first degree is a class B felony.
   20    S  24. Subdivision 3 of section 485.05 of the penal law, as amended by
   21  chapter 405 of the laws of 2010, is amended to read as follows:
   22    3. A "specified offense" is an offense defined by any of the following
   23  provisions of  this  chapter:  section  120.00  (assault  in  the  third
   24  degree);  section  120.05 (assault in the second degree); section 120.10
   25  (assault in the first degree); section 120.12 (aggravated assault upon a
   26  person less than eleven years old);  section  120.13  (menacing  in  the
   27  first  degree);  section 120.14 (menacing in the second degree); section
   28  120.15 (menacing in the third degree); section 120.20  (reckless  endan-
   29  germent  in the second degree); section 120.25 (reckless endangerment in
   30  the first degree); section 121.12 (strangulation in the second  degree);
   31  section  121.13  (strangulation in the first degree); subdivision one of
   32  section 125.15 (manslaughter in the second degree); subdivision one, two
   33  or four of section 125.20 (manslaughter in the  first  degree);  section
   34  125.25  (murder  in  the second degree); section 120.45 (stalking in the
   35  fourth degree); section 120.50 (stalking in the third  degree);  section
   36  120.55  (stalking in the second degree); section 120.60 (stalking in the
   37  first degree); PARAGRAPH (A) OF subdivision one  AND  PARAGRAPH  (A)  OF
   38  SUBDIVISION  TWO of section 130.35 (rape in the first degree); [subdivi-
   39  sion one of section 130.50 (criminal sexual act in the  first  degree);]
   40  subdivision  one  of  section 130.65 (sexual abuse in the first degree);
   41  paragraph (a) of subdivision one of section  130.67  (aggravated  sexual
   42  abuse in the second degree); paragraph (a) of subdivision one of section
   43  130.70  (aggravated  sexual  abuse  in the first degree); section 135.05
   44  (unlawful imprisonment in the second degree); section  135.10  (unlawful
   45  imprisonment  in  the  first  degree); section 135.20 (kidnapping in the
   46  second degree); section 135.25 (kidnapping in the first degree); section
   47  135.60 (coercion in the second degree); section 135.65 (coercion in  the
   48  first  degree);  section 140.10 (criminal trespass in the third degree);
   49  section 140.15 (criminal trespass in the second degree); section  140.17
   50  (criminal trespass in the first degree); section 140.20 (burglary in the
   51  third  degree);  section 140.25 (burglary in the second degree); section
   52  140.30 (burglary in the first degree); section 145.00 (criminal mischief
   53  in the fourth degree); section 145.05 (criminal mischief  in  the  third
   54  degree);  section  145.10  (criminal  mischief  in  the  second degree);
   55  section 145.12 (criminal mischief in the first degree);  section  150.05
   56  (arson  in  the  fourth  degree);  section  150.10  (arson  in the third
       S. 7240                             9
    1  degree); section 150.15 (arson in the  second  degree);  section  150.20
    2  (arson  in  the  first  degree); section 155.25 (petit larceny); section
    3  155.30 (grand larceny in  the  fourth  degree);  section  155.35  (grand
    4  larceny  in  the  third  degree);  section  155.40 (grand larceny in the
    5  second degree); section 155.42 (grand  larceny  in  the  first  degree);
    6  section 160.05 (robbery in the third degree); section 160.10 (robbery in
    7  the  second  degree);  section  160.15  (robbery  in  the first degree);
    8  section 240.25 (harassment in the first degree); subdivision one, two or
    9  four of section 240.30 (aggravated harassment in the second degree);  or
   10  any attempt or conspiracy to commit any of the foregoing offenses.
   11    S 25. Subdivision 42 of section 1.20 of the criminal procedure law, as
   12  amended by chapter 7 of the laws of 2007, is amended to read as follows:
   13    42.  "Juvenile offender" means (1) a person, thirteen years old who is
   14  criminally responsible for acts constituting murder in the second degree
   15  as defined in subdivisions one and two of section 125.25  of  the  penal
   16  law,  or  such  conduct as a sexually motivated felony, where authorized
   17  pursuant to section 130.91 of the penal law; and (2) a  person  fourteen
   18  or fifteen years old who is criminally responsible for acts constituting
   19  the crimes defined in subdivisions one and two of section 125.25 (murder
   20  in  the second degree) and in subdivision three of such section provided
   21  that the underlying crime for the murder charge is one  for  which  such
   22  person  is  criminally  responsible;  section  135.25 (kidnapping in the
   23  first degree); 150.20 (arson in the first degree); subdivisions one  and
   24  two of section 120.10 (assault in the first degree); 125.20 (manslaught-
   25  er  in  the first degree); [subdivisions one and] PARAGRAPHS (A) AND (B)
   26  OF SUBDIVISION ONE AND PARAGRAPHS (A) AND  (B)  OF  SUBDIVISION  two  of
   27  section  130.35 (rape in the first degree); [subdivisions one and two of
   28  section 130.50 (criminal  sexual  act  in  the  first  degree);]  130.70
   29  (aggravated  sexual  abuse in the first degree); 140.30 (burglary in the
   30  first degree); subdivision one of section 140.25 (burglary in the second
   31  degree); 150.15 (arson in the second degree);  160.15  (robbery  in  the
   32  first  degree); subdivision two of section 160.10 (robbery in the second
   33  degree) of the penal law; or section 265.03 of the penal law, where such
   34  machine gun or such firearm is possessed  on  school  grounds,  as  that
   35  phrase is defined in subdivision fourteen of section 220.00 of the penal
   36  law;  or  defined in the penal law as an attempt to commit murder in the
   37  second degree or kidnapping in the first degree, or such  conduct  as  a
   38  sexually  motivated  felony, where authorized pursuant to section 130.91
   39  of the penal law.
   40    S 26. Intentionally omitted.
   41    S 27. Paragraphs (a) and (b) of subdivision 1, the  opening  paragraph
   42  of subdivision 2 and paragraph (a) of subdivision 3 of section 140.20 of
   43  the  criminal  procedure law, paragraphs (a) and (b) of subdivision 1 as
   44  amended by chapter 324 of the laws of 1988,  the  opening  paragraph  of
   45  subdivision  2  and paragraph (a) of subdivision 3 as amended by chapter
   46  550 of the laws of 1987, are amended to read as follows:
   47    (a) If the arrest is for an offense other than a class A, B,  C  or  D
   48  felony  or  a  violation  of  section  130.25, [130.40,] 205.10, 205.17,
   49  205.19 or 215.56 of the penal law committed in a  town,  but  not  in  a
   50  village  thereof having a village court, and the town court of such town
   51  is not available at the time, the arrested person may be brought  before
   52  the local criminal court of any village within such town or, any adjoin-
   53  ing  town,  village embraced in whole or in part by such adjoining town,
   54  or city of the same county; and
   55    (b) If the arrest is for an offense other than a class A, B,  C  or  D
   56  felony  or  a  violation  of  section  130.25, [130.40,] 205.10, 205.17,
       S. 7240                            10
    1  205.19 or 215.56 of the penal  law  committed  in  a  village  having  a
    2  village  court and such court is not available at the time, the arrested
    3  person may be brought before the town court of the town  embracing  such
    4  village or any other village court within such town, or, if such town or
    5  village  court  is not available either, before the local criminal court
    6  of any adjoining town, village embraced in whole  or  in  part  by  such
    7  adjoining town, or city of the same county; 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 procedure
   12  may instead be as follows:
   13    (a) the arrest is for an offense other than a class A, B, C or D felo-
   14  ny or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or
   15  215.56 of the penal law, and
   16    S  28.  Paragraph  (a)  of  subdivision 3 and the opening paragraph of
   17  subdivision 4 of section  140.27  of  the  criminal  procedure  law,  as
   18  amended  by  chapter  550  of  the  laws of 1987, are amended to read as
   19  follows:
   20    (a) the arrest is for an offense other than a class A, B, C or D felo-
   21  ny or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or
   22  215.56 of the penal law and
   23    If the arrest is for an offense other than a class A, B, C or D felony
   24  or a violation of section 130.25, [130.40,] 205.10,  205.17,  205.19  or
   25  215.56  of the penal law, the arrested person need not be brought before
   26  a local criminal court as provided in subdivision two, and the procedure
   27  may instead be as follows:
   28    S 29. Paragraph (a) of subdivision 2  and  the  opening  paragraph  of
   29  subdivision  3  of  section  140.40  of  the  criminal procedure law, as
   30  amended by chapter 550 of the laws of  1987,  are  amended  to  read  as
   31  follows:
   32    (a) the arrest is for an offense other than a class A, B, C or D felo-
   33  ny or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or
   34  215.56 of the penal law and
   35    If the arrest is for an offense other than a class A, B, C or D felony
   36  or  a  violation  of section 130.25, [130.40,] 205.10, 205.17, 205.19 or
   37  215.56 of the penal law, the arrested person need not be brought  before
   38  a  local  criminal court, as provided in subdivision one, and the proce-
   39  dure may instead be as follows:
   40    S 30. Section 150.20 of the criminal procedure law, subdivisions 1,  2
   41  and  3 as amended by chapter 550 of the laws of 1987, is amended to read
   42  as follows:
   43  S 150.20 Appearance ticket; when and by whom issuable.
   44    1. Whenever a police officer is authorized pursuant to section  140.10
   45  to  arrest  a person without a warrant for an offense other than a class
   46  A, B, C or D felony or a violation of section 130.25, [130.40,]  205.10,
   47  205.17,  205.19  or  215.56  of  the  penal  law, he may, subject to the
   48  provisions of subdivisions three and four  of  section  150.40,  instead
   49  issue to and serve upon such person an appearance ticket.
   50    2.  (a)    Whenever  a  police officer has arrested a person without a
   51  warrant for an offense other than a class A, B,  C  or  D  felony  or  a
   52  violation  of section 130.25, [130.40,] 205.10, 205.17, 205.19 or 215.56
   53  of the penal law pursuant to section 140.10,   or (b) whenever  a  peace
   54  officer, who is not authorized by law to issue an appearance ticket, has
   55  arrested  a person for an offense other than a class A, B, C or D felony
   56  or a violation of section 130.25, [130.40,] 205.10,  205.17,  205.19  or
       S. 7240                            11
    1  215.56  of the penal law pursuant to section 140.25, and has requested a
    2  police officer to issue and serve upon such arrested person  an  appear-
    3  ance ticket pursuant to subdivision four of section 140.27, or (c) when-
    4  ever  a person has been arrested for an offense other than a class A, B,
    5  C or D felony or  a  violation  of  section  130.25,  [130.40,]  205.10,
    6  205.17,  205.19 or 215.56 of the penal law and has been delivered to the
    7  custody of an appropriate police officer  pursuant  to  section  140.40,
    8  such  police officer may, instead of bringing such person before a local
    9  criminal court and promptly filing or causing the arresting peace  offi-
   10  cer  or  arresting  person  to  file  a  local criminal court accusatory
   11  instrument therewith, issue to and serve upon such person an  appearance
   12  ticket.    The  issuance  and service of an appearance ticket under such
   13  circumstances may be conditioned upon a deposit of pre-arraignment bail,
   14  as provided in section 150.30.
   15    3.  A public servant other than a police  officer,  who  is  specially
   16  authorized  by state law or local law enacted pursuant to the provisions
   17  of the municipal home rule law to issue  and  serve  appearance  tickets
   18  with  respect to designated offenses other than class A, B, C or D felo-
   19  nies or violations of section 130.25, [130.40,] 205.10,  205.17,  205.19
   20  or  215.56  of  the  penal law, may in such cases issue and serve upon a
   21  person an appearance ticket when he has reasonable cause to believe that
   22  such person has committed a crime, or has committed a petty  offense  in
   23  his presence.
   24    S  31.  Subdivision 4 of section 180.75 of the criminal procedure law,
   25  as amended by chapter 264 of the laws of 2003, is  amended  to  read  as
   26  follows:
   27    4.  Notwithstanding  the  provisions  of subdivisions two and three of
   28  this section, a local criminal  court  shall,  at  the  request  of  the
   29  district  attorney, order removal of an action against a juvenile offen-
   30  der to the family court pursuant to  the  provisions  of  article  seven
   31  hundred twenty-five of this chapter if, upon consideration of the crite-
   32  ria  specified  in subdivision two of section 210.43 of this chapter, it
   33  is determined that to do so  would  be  in  the  interests  of  justice.
   34  Where,  however, the felony complaint charges the juvenile offender with
   35  murder in the second degree as defined in section 125.25  of  the  penal
   36  law, rape in the first degree as defined in PARAGRAPH (A) OF subdivision
   37  one  OR  PARAGRAPH (A) OF SUBDIVISION TWO of section 130.35 of the penal
   38  law, [criminal sexual act in the first degree as defined in  subdivision
   39  one  of  section 130.50 of the penal law,] or an armed felony as defined
   40  in paragraph (a) of subdivision forty-one of section 1.20 of this  chap-
   41  ter,  a  determination  that  such action be removed to the family court
   42  shall, in addition, be based upon a  finding  of  one  or  more  of  the
   43  following  factors: (i) mitigating circumstances that bear directly upon
   44  the manner in which the crime was committed; or (ii) where the defendant
   45  was not the sole participant in the crime, the defendant's participation
   46  was relatively minor although not so minor as to constitute a defense to
   47  the prosecution; or (iii) possible deficiencies in proof of the crime.
   48    S 32. Subdivision (a) of section 190.71 of the criminal procedure law,
   49  as amended by chapter 7 of the laws of  2007,  is  amended  to  read  as
   50  follows:
   51    (a)  Except  as  provided in subdivision six of section 200.20 of this
   52  chapter, a grand jury may not indict (i) a person thirteen years of  age
   53  for any conduct or crime other than conduct constituting a crime defined
   54  in  subdivisions  one  and  two  of section 125.25 (murder in the second
   55  degree) or such conduct as a sexually motivated felony, where authorized
   56  pursuant to section 130.91 of the penal law; (ii) a person  fourteen  or
       S. 7240                            12
    1  fifteen years of age for any conduct or crime other than conduct consti-
    2  tuting  a  crime  defined  in subdivisions one and two of section 125.25
    3  (murder in the second degree) and in subdivision three of  such  section
    4  provided  that  the  underlying  crime  for the murder charge is one for
    5  which such person is criminally responsible; 135.25 (kidnapping  in  the
    6  first  degree); 150.20 (arson in the first degree); subdivisions one and
    7  two of section 120.10 (assault in the first degree); 125.20 (manslaught-
    8  er in the first degree); [subdivisions one and] PARAGRAPHS (A)  AND  (B)
    9  OF  SUBDIVISION  ONE  AND  PARAGRAPHS  (A) AND (B) OF SUBDIVISION two of
   10  section 130.35 (rape in the first degree); [subdivisions one and two  of
   11  section  130.50  (criminal  sexual  act  in  the  first degree);] 130.70
   12  (aggravated sexual abuse in the first degree); 140.30 (burglary  in  the
   13  first degree); subdivision one of section 140.25 (burglary in the second
   14  degree);  150.15  (arson  in  the second degree); 160.15 (robbery in the
   15  first degree); subdivision two of section 160.10 (robbery in the  second
   16  degree)  of  the  penal  law; [subdivision four of section 265.02 of the
   17  penal law, where such firearm is possessed on school  grounds,  as  that
   18  phrase is defined in subdivision fourteen of section 220.00 of the penal
   19  law;] or section 265.03 of the penal law, where such machine gun or such
   20  firearm  is  possessed  on  school grounds, as that phrase is defined in
   21  subdivision fourteen of section 220.00 of the penal law; or  defined  in
   22  the  penal  law  as  an attempt to commit murder in the second degree or
   23  kidnapping in the first degree, or such conduct as a sexually  motivated
   24  felony, where authorized pursuant to section 130.91 of the penal law.
   25    S 33. Paragraph (b) of subdivision 1 of section 210.43 of the criminal
   26  procedure law, as amended by chapter 264 of the laws of 2003, is amended
   27  to read as follows:
   28    (b)  with  the  consent  of the district attorney, order removal of an
   29  action involving an indictment charging a juvenile offender with  murder
   30  in the second degree as defined in section 125.25 of the penal law; rape
   31  in  the first degree, as defined in PARAGRAPH (A) OF subdivision one AND
   32  PARAGRAPH (A) OF SUBDIVISION TWO of section 130.35  of  the  penal  law;
   33  [criminal  sexual act in the first degree, as defined in subdivision one
   34  of section 130.50 of the penal law;] or an armed felony  as  defined  in
   35  paragraph  (a)  of  subdivision forty-one of section 1.20, to the family
   36  court pursuant to the provisions of article seven hundred twenty-five of
   37  this chapter if the court finds one or more of  the  following  factors:
   38  (i) mitigating circumstances that bear directly upon the manner in which
   39  the  crime  was  committed;  (ii)  where  the defendant was not the sole
   40  participant in the crime, the defendant's participation  was  relatively
   41  minor  although  not  so  minor as to constitute a defense to the prose-
   42  cution; or (iii) possible deficiencies in the proof of the  crime,  and,
   43  after  consideration of the factors set forth in subdivision two of this
   44  section, the court determined that removal of the action to  the  family
   45  court would be in the interests of justice.
   46    S 34.  Subparagraph (iii) of paragraph (g) of subdivision 5 of section
   47  220.10  of  the criminal procedure law, as amended by chapter 264 of the
   48  laws of 2003, is amended to read as follows:
   49    (iii) Where the indictment  does  not  charge  a  crime  specified  in
   50  subparagraph  (i) of this paragraph, the district attorney may recommend
   51  removal of the action to the family court. Upon making such  recommenda-
   52  tion  the district attorney shall submit a subscribed memorandum setting
   53  forth: (1) a recommendation that the interests of justice would best  be
   54  served  by  removal  of  the  action to the family court; and (2) if the
   55  indictment charges a thirteen year old with the crime of murder  in  the
   56  second degree, or a fourteen or fifteen year old with the crimes of rape
       S. 7240                            13
    1  in  the  first degree as defined in PARAGRAPH (A) OF subdivision one AND
    2  PARAGRAPH (A) OF SUBDIVISION TWO of section 130.35 of the penal law, [or
    3  criminal sexual act in the first degree as defined in subdivision one of
    4  section 130.50 of the penal law,] or an armed felony as defined in para-
    5  graph  (a)  of  subdivision  forty-one  of  section 1.20 of this chapter
    6  specific factors, one or more of which reasonably supports the recommen-
    7  dation, showing, (i) mitigating circumstances that  bear  directly  upon
    8  the manner in which the crime was committed, or (ii) where the defendant
    9  was  not the sole participant in the crime, that the defendant's partic-
   10  ipation was relatively minor although not so minor as  to  constitute  a
   11  defense  to  the prosecution, or (iii) possible deficiencies in proof of
   12  the crime, or (iv) where the juvenile offender has no  previous  adjudi-
   13  cations  of  having  committed  a  designated  felony act, as defined in
   14  subdivision eight of section 301.2 of the family court  act,  regardless
   15  of  the  age  of the offender at the time of commission of the act, that
   16  the criminal act was not part of a pattern of criminal behavior and,  in
   17  view of the history of the offender, is not likely to be repeated.
   18    S  35.  Subdivision 6 of section 300.50 of the criminal procedure law,
   19  as amended by chapter 264 of the laws of 2003, is  amended  to  read  as
   20  follows:
   21    6.  For  purposes  of  this section, the offenses of rape in the third
   22  degree as defined in [subdivision three] SUBDIVISIONS FIVE  AND  SIX  of
   23  section  130.25  of  the penal law [and criminal sexual act in the third
   24  degree as defined in subdivision three of section 130.40  of  the  penal
   25  law],  are  not  lesser  included offenses of rape in the first degree[,
   26  criminal sexual act in the first degree] or any other offense.  Notwith-
   27  standing the foregoing, either such offense may be submitted as a lesser
   28  included  offense  of the applicable first degree offense when (i) there
   29  is a reasonable view of the evidence which would support a finding  that
   30  the  defendant  committed  such  lesser  offense  but did not commit the
   31  greater offense, and (ii) both parties consent to its submission.
   32    S 36. Subdivision 6 of section 380.50 of the criminal  procedure  law,
   33  as  amended  by  chapter  320 of the laws of 2006, is amended to read as
   34  follows:
   35    6. Regardless of whether the victim requests to make a statement  with
   36  regard to the defendant's sentence, where the defendant is sentenced for
   37  a violent felony offense as defined in section 70.02 of the penal law or
   38  a  felony  defined in article one hundred twenty-five of such law or any
   39  of the  following  provisions  of  such  law  sections  130.25,  130.30,
   40  [130.40,  130.45,]  255.25,  255.26,  255.27, article two hundred sixty-
   41  three, 135.10, 135.25, 230.05, 230.06, subdivision two of section 230.30
   42  or 230.32, the prosecutor shall, within sixty days of the imposition  of
   43  sentence,  provide  the victim with a form on which the victim may indi-
   44  cate a demand to be informed of any petition to change the name of  such
   45  defendant.    Such  forms  shall  be maintained by such prosecutor. Upon
   46  receipt of a notice of a petition to change the name of any such defend-
   47  ant, pursuant to subdivision two  of  section  sixty-two  of  the  civil
   48  rights  law, the prosecutor shall promptly notify the victim at the most
   49  current address or telephone number provided by such victim in the  most
   50  reasonable  and  expedient  possible  manner  of the time and place such
   51  petition will be presented to the court.
   52    S 37. Paragraph (b) of subdivision 8 of section 700.05 of the criminal
   53  procedure law, as amended by chapter 405 of the laws of 2010, is amended
   54  to read as follows:
   55    (b) Any of the following felonies: assault in  the  second  degree  as
   56  defined  in section 120.05 of the penal law, assault in the first degree
       S. 7240                            14
    1  as defined in section 120.10 of the penal law, reckless endangerment  in
    2  the  first degree as defined in section 120.25 of the penal law, promot-
    3  ing a suicide attempt as defined in section 120.30  of  the  penal  law,
    4  strangulation  in  the second degree as defined in section 121.12 of the
    5  penal law, strangulation in the  first  degree  as  defined  in  section
    6  121.13  of  the  penal  law, criminally negligent homicide as defined in
    7  section 125.10 of the penal law, manslaughter in the  second  degree  as
    8  defined  in  section  125.15 of the penal law, manslaughter in the first
    9  degree as defined in section 125.20 of the  penal  law,  murder  in  the
   10  second  degree  as defined in section 125.25 of the penal law, murder in
   11  the first degree as defined in section 125.27 of the penal law, abortion
   12  in the second degree as defined in section  125.40  of  the  penal  law,
   13  abortion  in  the first degree as defined in section 125.45 of the penal
   14  law, rape in the third degree as defined in section 130.25 of the  penal
   15  law, rape in the second degree as defined in section 130.30 of the penal
   16  law,  rape in the first degree as defined in section 130.35 of the penal
   17  law, [criminal sexual act in the third  degree  as  defined  in  section
   18  130.40  of  the  penal  law, criminal sexual act in the second degree as
   19  defined in section 130.45 of the penal law, criminal sexual act  in  the
   20  first  degree  as  defined  in  section 130.50 of the penal law,] sexual
   21  abuse in the first degree as defined in section 130.65 of the penal law,
   22  unlawful imprisonment in the first degree as defined in  section  135.10
   23  of  the penal law, kidnapping in the second degree as defined in section
   24  135.20 of the penal law, kidnapping in the first degree  as  defined  in
   25  section 135.25 of the penal law, labor trafficking as defined in section
   26  135.35  of  the penal law, custodial interference in the first degree as
   27  defined in section 135.50 of the penal law, coercion in the first degree
   28  as defined in section 135.65 of the penal law, criminal trespass in  the
   29  first  degree as defined in section 140.17 of the penal law, burglary in
   30  the third degree as defined in section 140.20 of the penal law, burglary
   31  in the second degree as defined in section  140.25  of  the  penal  law,
   32  burglary  in  the first degree as defined in section 140.30 of the penal
   33  law, criminal mischief in the third degree as defined in section  145.05
   34  of  the  penal law, criminal mischief in the second degree as defined in
   35  section 145.10 of the penal law, criminal mischief in the  first  degree
   36  as defined in section 145.12 of the penal law, criminal tampering in the
   37  first degree as defined in section 145.20 of the penal law, arson in the
   38  fourth  degree  as  defined in section 150.05 of the penal law, arson in
   39  the third degree as defined in section 150.10 of the penal law, arson in
   40  the second degree as defined in section 150.15 of the penal  law,  arson
   41  in the first degree as defined in section 150.20 of the penal law, grand
   42  larceny  in  the fourth degree as defined in section 155.30 of the penal
   43  law, grand larceny in the third degree as defined in section  155.35  of
   44  the  penal law, grand larceny in the second degree as defined in section
   45  155.40 of the penal law, grand larceny in the first degree as defined in
   46  section 155.42 of the penal law, health care fraud in the fourth  degree
   47  as  defined in section 177.10 of the penal law, health care fraud in the
   48  third degree as defined in section 177.15 of the penal law, health  care
   49  fraud  in  the  second  degree as defined in section 177.20 of the penal
   50  law, health care fraud in the first degree as defined in section  177.25
   51  of  the  penal  law,  robbery  in the third degree as defined in section
   52  160.05 of the penal law, robbery in the  second  degree  as  defined  in
   53  section  160.10 of the penal law, robbery in the first degree as defined
   54  in section 160.15 of the penal law, unlawful use  of  secret  scientific
   55  material  as  defined  in  section  165.07  of  the  penal law, criminal
   56  possession of stolen property in the fourth degree as defined in section
       S. 7240                            15
    1  165.45 of the penal law, criminal possession of stolen property  in  the
    2  third  degree  as  defined  in section 165.50 of the penal law, criminal
    3  possession of stolen property in the second degree as defined by section
    4  165.52  of  the penal law, criminal possession of stolen property in the
    5  first degree as defined by section 165.54 of the  penal  law,  trademark
    6  counterfeiting  in the second degree as defined in section 165.72 of the
    7  penal law, trademark counterfeiting in the first degree  as  defined  in
    8  section 165.73 of the penal law, forgery in the second degree as defined
    9  in  section  170.10  of  the  penal  law, forgery in the first degree as
   10  defined in section 170.15 of the penal law,  criminal  possession  of  a
   11  forged  instrument  in the second degree as defined in section 170.25 of
   12  the penal law, criminal possession of a forged instrument in  the  first
   13  degree  as  defined  in  section  170.30  of  the  penal  law,  criminal
   14  possession of forgery devices as defined in section 170.40 of the  penal
   15  law,  falsifying  business  records  in  the  first degree as defined in
   16  section 175.10 of the penal law, tampering with public  records  in  the
   17  first  degree  as defined in section 175.25 of the penal law, offering a
   18  false instrument for filing in the first degree as  defined  in  section
   19  175.35  of  the  penal  law,  issuing  a false certificate as defined in
   20  section 175.40 of the penal  law,  criminal  diversion  of  prescription
   21  medications and prescriptions in the second degree as defined in section
   22  178.20  of the penal law, criminal diversion of prescription medications
   23  and prescriptions in the first degree as defined in  section  178.25  of
   24  the  penal  law,  residential  mortgage  fraud  in  the fourth degree as
   25  defined in section 187.10 of the penal law, residential  mortgage  fraud
   26  in the third degree as defined in section 187.15 of the penal law, resi-
   27  dential mortgage fraud in the second degree as defined in section 187.20
   28  of  the  penal  law,  residential  mortgage fraud in the first degree as
   29  defined in section 187.25 of the penal law, escape in the second  degree
   30  as  defined  in  section  205.10  of  the penal law, escape in the first
   31  degree as defined in section 205.15 of the penal  law,  absconding  from
   32  temporary  release  in  the first degree as defined in section 205.17 of
   33  the penal law, promoting  prison  contraband  in  the  first  degree  as
   34  defined in section 205.25 of the penal law, hindering prosecution in the
   35  second  degree  as defined in section 205.60 of the penal law, hindering
   36  prosecution in the first degree as defined  in  section  205.65  of  the
   37  penal  law,  sex  trafficking  as defined in section 230.34 of the penal
   38  law, criminal possession of a weapon in the third degree as  defined  in
   39  subdivisions  two,  three  and  five of section 265.02 of the penal law,
   40  criminal possession of a weapon in  the  second  degree  as  defined  in
   41  section  265.03 of the penal law, criminal possession of a weapon in the
   42  first degree as defined in section 265.04 of the penal law, manufacture,
   43  transport, disposition and defacement of weapons and  dangerous  instru-
   44  ments  and  appliances defined as felonies in subdivisions one, two, and
   45  three of section 265.10 of the penal law, sections  265.11,  265.12  and
   46  265.13  of  the  penal  law,  or prohibited use of weapons as defined in
   47  subdivision two of section 265.35 of the penal law, relating to firearms
   48  and other dangerous weapons, or failure to  disclose  the  origin  of  a
   49  recording  in the first degree as defined in section 275.40 of the penal
   50  law;
   51    S 38. Paragraph (a) of subdivision 2 of section 720.10 of the criminal
   52  procedure law, as amended by chapter 316 of the laws of 2006, is amended
   53  to read as follows:
   54    (a) the conviction to be replaced by a youthful  offender  finding  is
   55  for  (i)  a  class  A-I or class A-II felony, or (ii) an armed felony as
   56  defined in subdivision forty-one of section 1.20, except as provided  in
       S. 7240                            16
    1  subdivision  three,  or (iii) rape in the first degree[, criminal sexual
    2  act in the first degree,] or aggravated sexual abuse, except as provided
    3  in subdivision three, or
    4    S  39. Paragraph (a) of subdivision 2 and paragraph (a) of subdivision
    5  3 of section 168-a of the correction law, paragraph (a) of subdivision 2
    6  as amended by chapter 405 of the laws  of  2008  and  paragraph  (a)  of
    7  subdivision 3 as amended by chapter 107 of the laws of 2006, are amended
    8  to read as follows:
    9    (a)  (i)  a conviction of or a conviction for an attempt to commit any
   10  of the provisions of sections 120.70, 130.20, 130.25,  130.30,  [130.40,
   11  130.45,]  130.60,  230.34,  250.50, 255.25, 255.26 and 255.27 or article
   12  two hundred sixty-three of the penal law,  or  section  135.05,  135.10,
   13  135.20  or  135.25 of such law relating to kidnapping offenses, provided
   14  the victim of such kidnapping or related offense is less than  seventeen
   15  years  old  and the offender is not the parent of the victim, or section
   16  230.04, where the person patronized is in fact less than seventeen years
   17  of age, 230.05 or 230.06, or  subdivision  two  of  section  230.30,  or
   18  section  230.32 or 230.33 of the penal law, or (ii) a conviction of or a
   19  conviction for an attempt to commit any of  the  provisions  of  section
   20  235.22 of the penal law, or (iii) a conviction of or a conviction for an
   21  attempt  to commit any provisions of the foregoing sections committed or
   22  attempted as a hate crime defined in section 485.05 of the penal law  or
   23  as  a  crime  of terrorism defined in section 490.25 of such law or as a
   24  sexually motivated felony defined in section 130.91 of such law; or
   25    (a) (i) a conviction of or a conviction for an attempt to  commit  any
   26  of  the provisions of sections 130.35, [130.50,] 130.65, 130.66, 130.67,
   27  130.70, 130.75, 130.80, 130.95 and 130.96 of the penal law,  or  (ii)  a
   28  conviction  of  or  a  conviction  for  an  attempt to commit any of the
   29  provisions of sections 130.53, 130.65-a and 130.90 of the penal law,  or
   30  (iii)  a  conviction  of  or  a  conviction for an attempt to commit any
   31  provisions of the foregoing sections committed or attempted  as  a  hate
   32  crime  defined  in  section  485.05  of  the  penal law or as a crime of
   33  terrorism defined in section 490.25 of such law; or
   34    S 40. Subparagraph (ii) of paragraph (a), subparagraphs (i)  and  (ii)
   35  of  paragraph (b) and paragraph (e) of subdivision 8 of section 384-b of
   36  the social services law, subparagraph (ii) of paragraph (a) and subpara-
   37  graph (i) of paragraph (b) as amended by chapter 430 of the laws of 2013
   38  and subparagraph (ii) of paragraph (b) as amended and paragraph  (e)  as
   39  added by chapter 7 of the laws of 1999, are amended to read as follows:
   40    (ii)  the  child  has  been found to be an abused child, as defined in
   41  paragraph (iii) of subdivision (e) of section ten hundred twelve of  the
   42  family  court act, as a result of such parent's acts; provided, however,
   43  the respondent must have committed or knowingly allowed to be  committed
   44  a  felony  sex  offense  as  defined in sections 130.25, 130.30, 130.35,
   45  [130.40, 130.45, 130.50,] 130.65, 130.67, 130.70, 130.75, 130.80, 130.95
   46  and 130.96 of the penal law and, for the purposes of  this  section  the
   47  corroboration requirements contained in the penal law shall not apply to
   48  proceedings under this section; or
   49    (i)  the child has been found to be an abused child, (A) as defined in
   50  paragraph (i) of subdivision (e) of section ten hundred  twelve  of  the
   51  family  court  act, as a result of such parent's acts; or (B) as defined
   52  in paragraph (iii) of subdivision (e) of section ten hundred  twelve  of
   53  the  family  court  act,  as  a  result of such parent's acts; provided,
   54  however, the respondent must have committed or knowingly allowed  to  be
   55  committed  a  felony  sex offense as defined in sections 130.25, 130.30,
       S. 7240                            17
    1  130.35,  [130.40,  130.45,  130.50,]  130.65,  130.67,  130.70,  130.75,
    2  130.80, 130.95 and 130.96 of the penal law; and
    3    (ii)  (A)  the child or another child for whose care such parent is or
    4  has been legally responsible has been previously found, within the  five
    5  years  immediately  preceding  the initiation of the proceeding in which
    6  such abuse is found, to be an abused child, as defined in paragraph  (i)
    7  or  (iii) of subdivision (e) of section ten hundred twelve of the family
    8  court act, as a result of such parent's acts; provided, however, in  the
    9  case  of a finding of abuse as defined in paragraph (iii) of subdivision
   10  (e) of section ten hundred twelve of the family court act the respondent
   11  must have committed or knowingly allowed to be committed  a  felony  sex
   12  offense  as defined in sections 130.25, 130.30, 130.35, [130.40, 130.45,
   13  130.50,] 130.65, 130.67, 130.70, 130.75 and 130.80 of the penal law,  or
   14  (B)  the  parent  has  been  convicted  of a crime under section 130.25,
   15  130.30, 130.35, [130.40, 130.45, 130.50,] 130.65, 130.67, 130.70, 130.75
   16  or 130.80 of the penal law against the child, a sibling of the child  or
   17  another  child for whose care such parent is or has been legally respon-
   18  sible, within the five year period immediately preceding the  initiation
   19  of the proceeding in which abuse is found; and
   20    (e) A determination by the court in accordance with article ten of the
   21  family  court  act based upon clear and convincing evidence that a child
   22  was abused (A) as defined in paragraph (i) of subdivision (e) of section
   23  ten hundred twelve of the family court act, as a result of such parent's
   24  acts; or (B) as defined in paragraph (iii) of subdivision (e) of section
   25  ten hundred twelve of the family court act, as a result of such parent's
   26  acts; provided, however, the respondent must have committed or knowingly
   27  allowed to be committed a felony sex  offense  as  defined  in  sections
   28  130.25,  130.30,  130.35,  [130.40,  130.45,  130.50,]  130.65,  130.67,
   29  130.70, 130.75 and 130.80 of the penal  law  shall  establish  that  the
   30  child was an abused child for the purpose of a determination as required
   31  by subparagraph (i) or (ii) of paragraph (b) of this subdivision. Such a
   32  determination  by the court in accordance with article ten of the family
   33  court act based upon a fair preponderance of evidence shall be  admissi-
   34  ble in any proceeding commenced in accordance with this section.
   35    S 41. Paragraphs (a) and (b) of subdivision 4 of section 509-cc of the
   36  vehicle  and traffic law, as amended by chapter 400 of the laws of 2011,
   37  are amended to read as follows:
   38    (a) The offenses referred to in subparagraph (ii) of paragraph (a)  of
   39  subdivision  one  and  paragraph  (a) of subdivision two of this section
   40  that result in permanent disqualification  shall  include  a  conviction
   41  under  sections  125.12, 125.13, 125.14, 125.15, 125.20, 125.21, 125.22,
   42  125.25,  125.26,  125.27,  130.30,  130.35,  [130.45,  130.50,]  130.65,
   43  130.66,  130.67, 130.70, 130.75, 130.80, 130.90, 130.95, 130.96, 135.25,
   44  150.20, 230.30, 230.32, 230.34, 235.22, 263.05, 263.10, 263.11,  263.15,
   45  263.16  of  the  penal  law or an attempt to commit any of the aforesaid
   46  offenses under section 110.00 of the penal law, or any offenses  commit-
   47  ted  under  a  former  section  of  the penal law which would constitute
   48  violations of the aforesaid sections of the penal law, or  any  offenses
   49  committed  outside  this  state which would constitute violations of the
   50  aforesaid sections of the penal law.
   51    (b) The offenses referred to in subparagraph (ii) of paragraph (a)  of
   52  subdivision  one  and  paragraph  (b) of subdivision two of this section
   53  that result in permanent disqualification  shall  include  a  conviction
   54  under  sections  100.13, 105.15, 105.17, 115.08, 120.12, 120.70, 125.10,
   55  125.11, [130.40,] 130.53,  130.60,  130.65-a,  135.20,  160.15,  220.18,
   56  220.21,  220.39,  220.41,  220.43, 220.44, 230.25, 260.00, 265.04 of the
       S. 7240                            18
    1  penal law or an attempt to commit any of the  aforesaid  offenses  under
    2  section  110.00  of  the  penal  law,  or any offenses committed under a
    3  former section of the penal law which would constitute violations of the
    4  aforesaid  sections  of the penal law, or any offenses committed outside
    5  this state which would constitute violations of the  aforesaid  sections
    6  of the penal law.
    7    S  42.  Subdivision  (b)  of  section  117 of the family court act, as
    8  amended by chapter 7 of the laws of 2007, is amended to read as follows:
    9    (b) For every juvenile  delinquency  proceeding  under  article  three
   10  involving  an  allegation of an act committed by a person which, if done
   11  by an adult, would be a crime (i) defined in sections 125.27 (murder  in
   12  the first degree); 125.25 (murder in the second degree); 135.25 (kidnap-
   13  ping  in the first degree); or 150.20 (arson in the first degree) of the
   14  penal law committed by a person thirteen, fourteen or fifteen  years  of
   15  age;  or  such  conduct  committed as a sexually motivated felony, where
   16  authorized pursuant to section 130.91 of the penal law; (ii) defined  in
   17  sections  120.10  (assault in the first degree); 125.20 (manslaughter in
   18  the first degree); 130.35 (rape in the first degree); [130.50  (criminal
   19  sexual  act  in  the  first  degree);]  135.20 (kidnapping in the second
   20  degree), but only where the abduction involved the use or threat of  use
   21  of deadly physical force; 150.15 (arson in the second degree); or 160.15
   22  (robbery  in  the  first  degree) of the penal law committed by a person
   23  thirteen, fourteen or fifteen years of age; or such conduct committed as
   24  a sexually motivated felony, where authorized pursuant to section 130.91
   25  of the penal law; (iii) defined in the penal law as an attempt to commit
   26  murder in the first or second degree or kidnapping in the  first  degree
   27  committed  by  a  person  thirteen, fourteen or fifteen years of age; or
   28  such conduct committed as a sexually motivated felony, where  authorized
   29  pursuant  to  section  130.91  of the penal law; (iv) defined in section
   30  140.30 (burglary in the first degree); subdivision one of section 140.25
   31  (burglary in the second  degree);  subdivision  two  of  section  160.10
   32  (robbery  in  the  second degree) of the penal law; or section 265.03 of
   33  the penal law, where such machine gun or such firearm  is  possessed  on
   34  school  grounds,  as  that  phrase is defined in subdivision fourteen of
   35  section 220.00 of the penal  law  committed  by  a  person  fourteen  or
   36  fifteen  years of age; or such conduct committed as a sexually motivated
   37  felony, where authorized pursuant to section 130.91 of  the  penal  law;
   38  (v)  defined  in section 120.05 (assault in the second degree) or 160.10
   39  (robbery in the second degree) of the penal law committed  by  a  person
   40  fourteen  or  fifteen years of age but only where there has been a prior
   41  finding by a court that such person  has  previously  committed  an  act
   42  which,  if  committed  by an adult, would be the crime of assault in the
   43  second degree, robbery in the second degree or any designated felony act
   44  specified in clause (i), (ii) or (iii) of this subdivision regardless of
   45  the age of such person at the time of the commission of the  prior  act;
   46  or  (vi)  other than a misdemeanor, committed by a person at least seven
   47  but less than sixteen years of age, but only where there  has  been  two
   48  prior  findings  by the court that such person has committed a prior act
   49  which, if committed by an adult would be a felony:
   50    (i) There is hereby established in the family court in the city of New
   51  York at least one "designated felony act part." Such part or parts shall
   52  be held separate from all other proceedings of the court, and shall have
   53  jurisdiction over all proceedings involving such an allegation. All such
   54  proceedings shall be originated in or be transferred to this  part  from
   55  other parts as they are made known to the court.
       S. 7240                            19
    1    (ii)  Outside  the city of New York, all proceedings involving such an
    2  allegation shall have a hearing preference over every  other  proceeding
    3  in the court, except proceedings under article ten.
    4    S  43.  Paragraph (ii) of subdivision 8 of section 301.2 of the family
    5  court act, as amended by chapter 7 of the laws of 2007,  is  amended  to
    6  read as follows:
    7    (ii)  defined in sections 120.10 (assault in the first degree); 125.20
    8  (manslaughter in the first degree); 130.35 (rape in the  first  degree);
    9  [130.50  (criminal  sexual act in the first degree);] 130.70 (aggravated
   10  sexual abuse in the first degree);  135.20  (kidnapping  in  the  second
   11  degree)  but  only where the abduction involved the use or threat of use
   12  of deadly physical force; 150.15 (arson in the second degree) or  160.15
   13  (robbery  in  the  first  degree) of the penal law committed by a person
   14  thirteen, fourteen or fifteen years of age; or such conduct committed as
   15  a sexually motivated felony, where authorized pursuant to section 130.91
   16  of the penal law;
   17    S 44. 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),  [subdi-
   23  vision  one  of  section  125.15,  (manslaughter  in the second degree),
   24  subdivision] SUBDIVISIONS one AND TWO 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    S  45.  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.
       S. 7240                            20
    1    S 46. Subdivision 2 of section 61 of the civil rights law, as  amended
    2  by  section 54 of subpart B of part C of chapter 62 of the laws of 2011,
    3  is amended to read as follows:
    4    2.  If  the petitioner stands convicted of a violent felony offense as
    5  defined in section 70.02 of the penal law or a felony defined in article
    6  one hundred twenty-five of such law or any of the  following  provisions
    7  of  such  law sections 130.25, 130.30, [130.40, 130.45,] 255.25, 255.26,
    8  255.27, article two hundred sixty-three, 135.10, 135.25, 230.05, 230.06,
    9  subdivision two of section 230.30 or 230.32, and is  currently  confined
   10  as  an inmate in any correctional facility or currently under the super-
   11  vision of the department of corrections and community supervision  or  a
   12  county probation department as a result of such conviction, the petition
   13  shall  for each such conviction specify such felony conviction, the date
   14  of  such  conviction  or  convictions,  and  the  court  in  which  such
   15  conviction or convictions were entered.
   16    S  47. Subdivision 2 of section 62 of the civil rights law, as amended
   17  by section 55 of subpart B of part C of chapter 62 of the laws of  2011,
   18  is amended to read as follows:
   19    2.  If  the  petition  be  to  change  the  name of a person currently
   20  confined as an inmate in any correctional facility  or  currently  under
   21  the  supervision  of  the department of corrections and community super-
   22  vision or a county probation department as a result of a conviction  for
   23  a violent felony offense as defined in section 70.02 of the penal law or
   24  a  felony  defined in article one hundred twenty-five of such law or any
   25  of the  following  provisions  of  such  law  sections  130.25,  130.30,
   26  [130.40,  130.45,]  255.25,  255.26,  255.27, article two hundred sixty-
   27  three, 135.10, 135.25, 230.05, 230.06, subdivision two of section 230.30
   28  or 230.32, notice of the time and place when and where the petition will
   29  be presented shall be served, in like manner as a  notice  of  a  motion
   30  upon an attorney in an action, upon the district attorney of every coun-
   31  ty  in  which such person has been convicted of such felony and upon the
   32  court or courts in which the  sentence  for  such  felony  was  entered.
   33  Unless  a  shorter  period  of time is ordered by the court, said notice
   34  shall be served upon each such district attorney and court or courts not
   35  less than sixty days prior to the date on which such petition is noticed
   36  to be heard.
   37    S 48. The closing paragraph of section 64 of the civil rights law,  as
   38  separately  amended by chapters 258, 320 and 481 of the laws of 2006, is
   39  amended to read as follows:
   40    Upon compliance with the order and the filing of the affidavit of  the
   41  publication,  as  provided  in  this  section, the clerk of the court in
   42  which the order has been entered shall certify that the order  has  been
   43  complied  with;  and,  if the petition states that the petitioner stands
   44  convicted of a violent felony offense as defined in section 70.02 of the
   45  penal law or a felony defined in article one hundred twenty-five of such
   46  law or any of the following provisions  of  such  law  sections  130.25,
   47  130.30,  [130.40,  130.45,]  255.25, 255.26, 255.27, article two hundred
   48  sixty-three, 135.10, 135.25, 230.05, 230.06, subdivision two of  section
   49  230.30  or  230.32, such clerk (1) shall deliver, by first class mail, a
   50  copy of such  certified  order  to  the  division  of  criminal  justice
   51  services at its office in the county of Albany and (2) upon the clerk of
   52  the  court  reviewing  the  petitioner's application for name change and
   53  subsequent in-court inquiry, may, in the clerk's discretion, deliver, by
   54  first class mail, the petitioner's new name with such certified order to
   55  the court of competent jurisdiction which imposed the orders of support.
   56  Such certification shall appear on the original order and on any  certi-
       S. 7240                            21
    1  fied  copy  thereof  and  shall be entered in the clerk's minutes of the
    2  proceeding.
    3    S  49.  Section 213-c of the civil practice law and rules, as added by
    4  chapter 3 of the laws of 2006, is amended to read as follows:
    5    S 213-c. Action by  victim  of  conduct  constituting  certain  sexual
    6  offenses.  Notwithstanding  any other limitation set forth in this arti-
    7  cle, a civil claim or cause of action to recover  from  a  defendant  as
    8  hereinafter  defined,  for  physical,  psychological  or other injury or
    9  condition suffered by a person as a result of acts by such defendant  of
   10  rape  in the first degree as defined in section 130.35 of the penal law,
   11  [or criminal sexual act in the first degree as defined in section 130.50
   12  of the penal law,] or aggravated sexual abuse in  the  first  degree  as
   13  defined  in section 130.70 of the penal law, or course of sexual conduct
   14  against a child in the first degree as defined in section 130.75 of  the
   15  penal law may be brought within five years. As used in this section, the
   16  term "defendant" shall mean only a person who commits the acts described
   17  in  this section or who, in a criminal proceeding, could be charged with
   18  criminal liability for the commission of such acts pursuant  to  section
   19  20.00 of the penal law and shall not apply to any related civil claim or
   20  cause of action arising from such acts. Nothing in this section shall be
   21  construed  to  require  that  a criminal charge be brought or a criminal
   22  conviction be obtained as a condition  of  bringing  a  civil  cause  of
   23  action  or  receiving  a  civil  judgment pursuant to this section or be
   24  construed to require that any of the rules governing a criminal proceed-
   25  ing be applicable to any such civil action.
   26    S 50. Paragraph (b) of subdivision 8 of section 215 of the civil prac-
   27  tice law and rules, as added by chapter  3  of  the  laws  of  2006,  is
   28  amended to read as follows:
   29    (b)  Whenever  it  is  shown  that  a criminal action against the same
   30  defendant has been commenced with respect to  the  event  or  occurrence
   31  from  which  a  claim governed by this section arises, and such criminal
   32  action is for rape in the first degree as defined in section  130.35  of
   33  the penal law, [or criminal sexual act in the first degree as defined in
   34  section  130.50  of  the  penal  law,] or aggravated sexual abuse in the
   35  first degree as defined in section 130.70 of the penal law, or course of
   36  sexual conduct against a child in the first degree as defined in section
   37  130.75 of the penal law, the plaintiff shall have at  least  five  years
   38  from  the  termination of the criminal action as defined in section 1.20
   39  of the criminal procedure law in which to  commence  the  civil  action,
   40  notwithstanding  that  the  time  in  which  to commence such action has
   41  already expired or has less than a year remaining.
   42    S 51. Subdivision 11 of section 123 of  the  agriculture  and  markets
   43  law,  as amended by chapter 392 of the laws of 2004, and such section as
   44  renumbered by section 18 of part T of chapter 59 of the laws of 2010, is
   45  amended to read as follows:
   46    11. The owner shall not be liable pursuant to subdivision six,  seven,
   47  eight,  nine  or ten of this section if the dog was coming to the aid or
   48  defense of a person during the commission or attempted commission  of  a
   49  murder, robbery, burglary, arson, rape in the first degree as defined in
   50  PARAGRAPH  (A)  OR  (B)  OF  subdivision  one or PARAGRAPH (A) OR (B) OF
   51  SUBDIVISION two of section 130.35 of the penal law[, criminal sexual act
   52  in the first degree as defined in subdivision  one  or  two  of  section
   53  130.50  of  the penal law] or kidnapping within the dwelling or upon the
   54  real property of the owner of the dog and the dog injured or killed  the
   55  person committing such criminal activity.
       S. 7240                            22
    1    S 52. Section 4 of the judiciary law, as amended by chapter 264 of the
    2  laws of 2003, is amended to read as follows:
    3    S  4.  Sittings  of  courts  to be public. The sittings of every court
    4  within this state shall be public, and every citizen may  freely  attend
    5  the  same,  except  that  in  all  proceedings  and  trials in cases for
    6  divorce, seduction, abortion, rape, assault with intent to commit  rape,
    7  [criminal  sexual  act,]  bastardy  or  filiation, the court may, in its
    8  discretion, exclude therefrom all persons who are  not  directly  inter-
    9  ested therein, excepting jurors, witnesses, and officers of the court.
   10    S  53. Subdivision 2 of section 120.60 of the penal law, as amended by
   11  chapter 434 of the laws of 2000, is amended to read as follows:
   12    2. commits a class A misdemeanor defined in article one hundred thirty
   13  of this chapter, or a class E felony defined in section 130.25, [130.40]
   14  or 130.85 of this chapter, or a class D felony defined in section 130.30
   15  [or 130.45] of this chapter.
   16    S 54. This act shall take effect on the ninetieth day after  it  shall
   17  have become a law and shall apply to any offense on or after such effec-
   18  tive  date.  As  it pertains to the repealed sections of law, nothing in
   19  this act shall affect a requirement to register pursuant to article  6-C
   20  of  the  correction law; a lawfully required disclosure of a conviction;
   21  any restriction or prohibition for certain types of employment, housing,
   22  or government  benefit;  or  any  other  ongoing  matter  related  to  a
   23  conviction of the sections repealed in this act.