senate Bill S3515A

Relates to the offenses of rape in the first, second and third degrees; repealer

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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  • 05 / Feb / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • REFERRED TO CODES
  • 30 / Jan / 2014
    • AMEND AND RECOMMIT TO CODES
  • 30 / Jan / 2014
    • PRINT NUMBER 3515A

Summary

Relates to the offenses of rape in the first, second and third degrees.

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Bill Details

Versions:
S3515
S3515A
Legislative Cycle:
2013-2014
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Rpld §§130.40, 130.45, 130.50, 130.65-a, 130.66, 130.67 & 130.70, amd Pen L, generally; amd CP L, generally; amd §168-a, Cor L; amd §384-b, Soc Serv L; amd §509-cc, V & T L; amd §§117, 301.2, 308.1 & 1052, Fam Ct Act; amd §§61, 62 & 64, Civ Rts L; amd §§213-c & 215, CPLR; amd §123, Ag & Mkts L
Versions Introduced in Previous Legislative Cycles:
2013-2014: A3339
2011-2012: A9774A

Sponsor Memo

BILL NUMBER:S3515A

TITLE OF BILL: An act to amend the penal law, the criminal procedure
law, the correction law, the social services law, the vehicle and
traffic law, the family court act, the civil rights law, the civil
practice law and rules and the agriculture and markets law, in
relation to sex offenses; and to repeal certain provisions of the
penal law relating thereto

PURPOSE OR GENERAL IDEA OF BILL:

To amend the penal law to redefine rape as sexual intercourse, oral
sexual conduct, or anal sexual conduct.

SUMMARY OF SPECIFIC PROVISIONS:

This act amends penal law section 130.25 to Rape in the Fourth Degree.
Rape in the fourth degree is a class F. felony. This section expands
the definition of rape to include: sexual intercourse, oral sexual
conduct or anal sexual conduct, and adds a subdivision (4) and (5).

This act amends penal law section 130.30 to Rape in the Third Degree.
Rape in the third degree is a class D felony. This act also adds
subdivisions (3) and (4).

The Penal law is amended by adding a new section 130.33, Rape in the
Second Degree. Under this Act, a person is guilty of rape in the
second degree when he or she inserts a finger in the vagina, urethra,
penis, rectum, or anus of another person causing physical injury to
such person: (1) by forcible compulsion; or (2) when the other person
is incapable of consent by reason of being physically helpless; or (3)
when the other person is less than eleven years old. Rape in the
second degree is a class C felony.

This act also amends penal law section 130.35 by expanding the
definition of first degree rape as sexual intercourse, oral sexual
conduct, or anal sexual conduct. Subdivision (2) of 130.35 is added to
read that: A person is guilty of rape in the first degree when: (2)
he or she inserts a foreign object in the vagina, urethra, penis,
rectum or anus of another person causing physical injury to such
person: (a) by forcible compulsion; or (b) when the other person is
incapable of consent by reason of being physically helpless; or (c)
when the other person is less than eleven years old.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:

Redefine Rape in the First, Second and Third Degrees as sexual
intercourse, oral sexual conduct, or anal sexual conduct.

JUSTIFICATION:

On March 28, 2012, a Justice of the New York State Supreme Court
declared a mistrial on the rape charge against former New York City
Police Officer Michael Pena. Pena was convicted of several other
charges for holding the schoolteacher at gunpoint, threatening her
life and forcibly sodomizing her. Pena was not convicted of rape
despite overwhelming evidence of forcible, non-consensual sexual


conduct with a Bronx schoolteacher. It is galling that in the face of
evidence of the defendant's semen in the victim's underwear, redness
to her genitals, eyewitness testimony and the victim's own account of
the pain of the attack, Pena was not convicted of the top count of
rape.

Common sense dictates that what happened to the victim in this case is
rape.

This bill will redefine rape as criminal sexual conduct, rather than
sexual intercourse, to avoid a future miscarriage of justice.
Sections 130.25, 130.30 and 130.35 of the Penal Law will be amended to
substitute criminal sexual conduct, which is defined as sexual
intercourse, oral sexual conduct, anal sexual conduct, or aggravated
sexual contact for the current element of sexual intercourse, which
requires penetration.

PRIOR LEGISLATIVE HISTORY:

2011,2012: S.6877 Referred to Codes

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

EFFECTIVE DATE:

This act shall take effect on the ninetieth day after it shall have
become a law and shall apply to any offense committed on or after such
effective date. As it pertains to the repealed sections of law,
nothing in this act shall affect a requirement to register pursuant to
article 6-c of the correction law; a lawfully required disclosure of a
conviction; any restriction or prohibition for certain types of
employment, housing, or government benefit; or any other ongoing
matter related to a conviction of the sections repealed in this act.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3515--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 5, 2013
                               ___________

Introduced  by Sens. YOUNG, GOLDEN, BOYLE, ESPAILLAT, LARKIN, RANZENHOF-
  ER, ZELDIN -- read twice and ordered printed, and when printed  to  be
  committed to the Committee on Codes -- recommitted to the Committee on
  Codes   in  accordance  with  Senate  Rule  6,  sec.  8  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT  to  amend  the  penal  law,  the  criminal  procedure  law,  the
  correction  law, the social services law, the vehicle and traffic law,
  the family court act, the civil rights law, the civil practice law and
  rules and  the  agriculture  and  markets  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:

  Section  1.  Sections 130.40, 130.45, 130.50, 130.65-a, 130.66, 130.67
and 130.70 of the penal law are REPEALED.
  S 2. Paragraph 2 of subdivision 18 of section 10.00 of the penal  law,
as  amended  by  chapter  7  of  the laws of 2007, is amended to read as
follows:
  (2) a person fourteen or fifteen years old who is criminally responsi-
ble for acts constituting the crimes defined in subdivisions one and two
of section 125.25 (murder in the second degree) and in subdivision three
of such section provided that the underlying crime for the murder charge
is one for which such person is criminally responsible;  section  135.25
(kidnapping  in  the  first degree); 150.20 (arson in the first degree);
[subdivisions one and two  of  section  120.10  (assault  in  the  first
degree);  125.20  (manslaughter  in the first degree); [subdivisions one
and] PARAGRAPHS (A) AND (B) OF SUBDIVISION ONE AND  SUBDIVISION  two  of
section  130.35 (rape in the first degree); [subdivisions one and two of
section 130.50 (criminal sexual act in the first degree); 130.70 (aggra-
vated sexual abuse in the first degree);] 140.30 (burglary in the  first

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02734-10-4

S. 3515--A                          2

degree);  subdivision  one  of  section  140.25  (burglary in the second
degree); 150.15 (arson in the second degree);  160.15  (robbery  in  the
first  degree); subdivision two of section 160.10 (robbery in the second
degree)  of  this chapter; or section 265.03 of this chapter, where such
machine gun or such firearm is possessed  on  school  grounds,  as  that
phrase  is  defined  in  subdivision  fourteen of section 220.00 of this
chapter; or defined in this chapter as an attempt to  commit  murder  in
the  second degree or kidnapping in the first degree, or such conduct as
a sexually motivated felony, where authorized pursuant to section 130.91
of [the penal law] THIS CHAPTER.
  S 3. Subdivision 2 of section 30.00 of the penal law,  as  amended  by
chapter 7 of the laws of 2007, is amended to read as follows:
  2.  A  person thirteen, fourteen or fifteen years of age is criminally
responsible for acts constituting murder in the second degree as defined
in subdivisions one and two of section 125.25 and in  subdivision  three
of such section provided that the underlying crime for the murder charge
is  one  for  which  such  person  is criminally responsible or for such
conduct as a sexually motivated felony,  where  authorized  pursuant  to
section  130.91  [of  the  penal  law]; and a person fourteen or fifteen
years of age is criminally responsible for acts constituting the  crimes
defined  in  section  135.25  (kidnapping  in  the first degree); 150.20
(arson in the first degree); subdivisions one and two of section  120.10
(assault  in  the  first  degree);  125.20  (manslaughter  in  the first
degree); [subdivisions one and] PARAGRAPHS (A) AND  (B)  OF  SUBDIVISION
ONE  AND  SUBDIVISION  two of section 130.35 (rape in the first degree);
[subdivisions one and two of section 130.50 (criminal sexual act in  the
first  degree);  130.70  (aggravated sexual abuse in the first degree);]
140.30 (burglary in the first degree); subdivision one of section 140.25
(burglary in the second degree); 150.15 (arson in  the  second  degree);
160.15  (robbery in the first degree); subdivision two of section 160.10
(robbery in the second degree) of this chapter;  or  section  265.03  of
this  chapter,  where  such  machine gun or such firearm is possessed on
school grounds, as that phrase is defined  in  subdivision  fourteen  of
section 220.00 of this chapter; or defined in this chapter as an attempt
to commit murder in the second degree or kidnapping in the first degree,
or  for  such  conduct  as a sexually motivated felony, where authorized
pursuant to section 130.91 of [the penal law] OF THIS CHAPTER.
  S 4. Paragraphs (a), (b), (c) and (d)  of  subdivision  1  of  section
70.02  of  the penal law, paragraph (a) as amended by chapter 320 of the
laws of 2006, paragraphs (b) and (c) as amended by chapter 1 of the laws
of 2013, and paragraph (d) as amended by chapter 7 of the laws of  2007,
are amended to read as follows:
  (a)  Class  B  violent felony offenses: an attempt to commit the class
A-I felonies of murder in  the  second  degree  as  defined  in  section
125.25, kidnapping in the first degree as defined in section 135.25, and
arson  in the first degree as defined in section 150.20; manslaughter in
the first degree as defined in section 125.20,  aggravated  manslaughter
in  the  first  degree  as  defined in section 125.22, rape in the first
degree as defined in section 130.35, [criminal sexual act in  the  first
degree  as  defined  in  section  130.50, aggravated sexual abuse in the
first degree as defined in section 130.70,]  course  of  sexual  conduct
against  a  child  in  the  first  degree  as defined in section 130.75;
assault in the first degree as defined in section 120.10, kidnapping  in
the  second  degree  as defined in section 135.20, burglary in the first
degree as defined in section 140.30,  arson  in  the  second  degree  as
defined  in  section  150.15,  robbery in the first degree as defined in

S. 3515--A                          3

section 160.15, incest in the first degree as defined in section 255.27,
criminal possession of a weapon  in  the  first  degree  as  defined  in
section 265.04, criminal use of a firearm in the first degree as defined
in  section  265.09,  criminal  sale of a firearm in the first degree as
defined in section 265.13, aggravated assault upon a police officer or a
peace officer as defined in section 120.11, gang assault  in  the  first
degree as defined in section 120.07, intimidating a victim or witness in
the  first degree as defined in section 215.17, hindering prosecution of
terrorism in the first degree as defined  in  section  490.35,  criminal
possession  of  a  chemical  weapon  or  biological weapon in the second
degree as defined in section 490.40, and  criminal  use  of  a  chemical
weapon  or  biological  weapon in the third degree as defined in section
490.47 AND ANY OFFENSES COMMITTED UNDER A FORMER SECTION OF ARTICLE  ONE
HUNDRED THIRTY OF THIS CHAPTER WHICH WOULD CONSTITUTE A VIOLATION OF THE
AFORESAID SECTIONS OF THIS CHAPTER.
  (b)  Class  C violent felony offenses: an attempt to commit any of the
class B felonies set forth in paragraph (a) of this subdivision;  aggra-
vated criminally negligent homicide as defined in section 125.11, aggra-
vated  manslaughter  in  the second degree as defined in section 125.21,
[aggravated sexual abuse in the second  degree  as  defined  in  section
130.67]  RAPE IN THE SECOND DEGREE AS DEFINED IN SECTION 130.33, assault
on a  peace  officer,  police  officer,  fireman  or  emergency  medical
services  professional  as defined in section 120.08, assault on a judge
as defined in section 120.09, gang  assault  in  the  second  degree  as
defined  in section 120.06, strangulation in the first degree as defined
in section 121.13, burglary in the second degree as defined  in  section
140.25, robbery in the second degree as defined in section 160.10, crim-
inal  possession  of a weapon in the second degree as defined in section
265.03, criminal use of a firearm in the second  degree  as  defined  in
section  265.08,  criminal  sale  of  a  firearm in the second degree as
defined in section 265.12, criminal sale of a firearm with the aid of  a
minor  as defined in section 265.14, aggravated criminal possession of a
weapon as defined in section 265.19, soliciting or providing support for
an act of terrorism in the first degree as defined  in  section  490.15,
hindering  prosecution  of  terrorism in the second degree as defined in
section 490.30, and criminal possession of a chemical weapon or  biolog-
ical  weapon  in  the  third degree as defined in section 490.37 AND ANY
OFFENSES COMMITTED UNDER A FORMER SECTION OF ARTICLE ONE HUNDRED  THIRTY
OF  THIS  CHAPTER  WHICH  WOULD  CONSTITUTE A VIOLATION OF THE AFORESAID
SECTIONS OF THIS CHAPTER.
  (c) Class D violent felony offenses: an attempt to commit any  of  the
class C felonies set forth in paragraph (b); reckless assault of a child
as defined in section 120.02, assault in the second degree as defined in
section 120.05, menacing a police officer or peace officer as defined in
section  120.18, stalking in the first degree, as defined in subdivision
one of section 120.60, strangulation in the second degree as defined  in
section  121.12, rape in the [second] THIRD degree as defined in section
130.30, [criminal sexual act in the second degree as defined in  section
130.45,]  sexual abuse in the first degree as defined in section 130.65,
course of sexual conduct against a child in the second degree as defined
in section 130.80, [aggravated sexual  abuse  in  the  third  degree  as
defined in section 130.66,] facilitating a sex offense with a controlled
substance  as defined in section 130.90, criminal possession of a weapon
in the third degree as defined in subdivision five, six,  seven,  eight,
nine  or  ten of section 265.02, criminal sale of a firearm in the third
degree as defined in section 265.11, intimidating a victim or witness in

S. 3515--A                          4

the second degree as defined in section 215.16, soliciting or  providing
support  for  an  act  of  terrorism  in the second degree as defined in
section 490.10, and making a terroristic threat as  defined  in  section
490.20,  falsely reporting an incident in the first degree as defined in
section 240.60, placing a false bomb or hazardous substance in the first
degree as defined in section 240.62, placing a false bomb  or  hazardous
substance  in a sports stadium or arena, mass transportation facility or
enclosed shopping mall as defined in section 240.63, [and] OR aggravated
unpermitted use of indoor pyrotechnics in the first degree as defined in
section 405.18 AND ANY OFFENSES COMMITTED  UNDER  A  FORMER  SECTION  OF
ARTICLE  ONE  HUNDRED  THIRTY  OF  THIS CHAPTER WHICH WOULD CONSTITUTE A
VIOLATION OF THE AFORESAID SECTIONS OF THIS CHAPTER.
  (d) Class E violent felony offenses: an attempt to commit any  of  the
felonies  of  criminal  possession  of  a  weapon in the third degree as
defined in subdivision five, six, seven or eight of section 265.02 as  a
lesser  included offense of that section as defined in section 220.20 of
the criminal procedure  law,  persistent  sexual  abuse  as  defined  in
section 130.53, [aggravated sexual abuse in the fourth degree as defined
in  section  130.65-a,] RAPE IN THE FOURTH DEGREE AS DEFINED IN SUBDIVI-
SIONS FOUR AND FIVE OF SECTION 130.25, falsely reporting an incident  in
the  second  degree  as defined in section 240.55 [and], placing a false
bomb or hazardous substance in the second degree as defined  in  section
240.61  AND ANY OFFENSES COMMITTED UNDER A FORMER SECTION OF ARTICLE ONE
HUNDRED THIRTY OF THIS CHAPTER WHICH WOULD CONSTITUTE A VIOLATION OF THE
AFORESAID SECTIONS OF THIS CHAPTER.
  S 5. Paragraph b of subdivision 5 of section 120.40 of the penal  law,
as  amended  by  chapter  320 of the laws of 2006, is amended to read as
follows:
  b. a  crime  defined  in  section  130.20,  130.25,  130.30,  [130.40,
130.45,] 130.55, 130.60, [130.70,] 255.25, 255.26 or 255.27;
  S 6. Paragraph (d) of subdivision 2 and paragraph (h) of subdivision 3
of  section  130.05  of the penal law, paragraph (d) of subdivision 2 as
amended by chapter 40 of the laws of 2004 and paragraph (h) of  subdivi-
sion  3  as amended by section 2 of part G of chapter 501 of the laws of
2012, are amended to read as follows:
  (d) Where the offense charged is rape in the [third] FOURTH degree  as
defined  in subdivision three of section 130.25, [or criminal sexual act
in the third degree as defined in subdivision three of section  130.40,]
in  addition  to  forcible compulsion, circumstances under which, at the
time of the act of intercourse,  oral  sexual  conduct  or  anal  sexual
conduct,  the victim clearly expressed that he or she did not consent to
engage in such act, and a reasonable person  in  the  actor's  situation
would  have  understood such person's words and acts as an expression of
lack of consent to such act under all the circumstances.
  (h) a client or patient and the actor is a  health  care  provider  or
mental  health  care  provider  charged  with rape in the [third] FOURTH
degree as defined in section 130.25, [criminal sexual act in  the  third
degree  as  defined  in  section  130.40, aggravated sexual abuse in the
fourth degree as defined in section 130.65-a,] or sexual  abuse  in  the
third degree as defined in section 130.55, and the act of sexual conduct
occurs  during a treatment session, consultation, interview, or examina-
tion; or
  S 7. Subdivision 3 of section 130.10 of the penal law, as  amended  by
chapter 264 of the laws of 2003, is amended to read as follows:
  3.  In  any  prosecution  for  the crime of rape in the [third] FOURTH
degree as defined in section 130.25, [criminal sexual act in  the  third

S. 3515--A                          5

degree  as  defined  in  section  130.40, aggravated sexual abuse in the
fourth degree as defined in section 130.65-a,] or sexual  abuse  in  the
third degree as defined in section 130.55 in which incapacity to consent
is  based on the circumstances set forth in paragraph (h) of subdivision
three of section 130.05 of this  article  it  shall  be  an  affirmative
defense  that  the  client  or patient consented to such conduct charged
after having been expressly advised by the health care or mental  health
care  provider  that  such conduct was not performed for a valid medical
purpose.
  S 8. Section 130.25 of the penal law, as amended by chapter 1  of  the
laws of 2000, is amended to read as follows:
S 130.25 Rape in the [third] FOURTH degree.
  A person is guilty of rape in the [third] FOURTH degree when:
  1.  He  or  she engages in sexual intercourse, ORAL SEXUAL CONDUCT, OR
ANAL SEXUAL CONDUCT with another person who is incapable of  consent  by
reason of some factor other than being less than seventeen years old;
  2.  Being  twenty-one  years  old or more, he or she engages in sexual
intercourse, ORAL SEXUAL CONDUCT, OR ANAL SEXUAL  CONDUCT  with  another
person less than seventeen years old; [or]
  3.  He  or  she engages in sexual intercourse, ORAL SEXUAL CONDUCT, OR
ANAL SEXUAL CONDUCT with another person without  such  person's  consent
where  such lack of consent is by reason of some factor other than inca-
pacity to consent[.];
  4. HE OR SHE INSERTS A FOREIGN OBJECT IN THE VAGINA,  URETHRA,  PENIS,
RECTUM  OR  ANUS  OF ANOTHER PERSON AND THE OTHER PERSON IS INCAPABLE OF
CONSENT BY REASON OF SOME FACTOR OTHER THAN BEING  LESS  THAN  SEVENTEEN
YEARS OLD; OR
  5. HE OR SHE INSERTS A FINGER IN THE VAGINA, URETHRA, PENIS, RECTUM OR
ANUS  OF  ANOTHER PERSON CAUSING PHYSICAL INJURY TO SUCH PERSON AND SUCH
PERSON IS INCAPABLE OF CONSENT BY REASON OF SOME FACTOR OTHER THAN BEING
LESS THAN SEVENTEEN YEARS OLD.
  CONDUCT PERFORMED FOR A VALID MEDICAL PURPOSE  DOES  NOT  VIOLATE  THE
PROVISIONS OF SUBDIVISIONS FOUR AND FIVE OF THIS SECTION.
  Rape in the [third] FOURTH degree is a class E felony.
  S  9.  Section 130.30 of the penal law, as amended by chapter 1 of the
laws of 2000, is amended to read as follows:
S 130.30 Rape in the [second] THIRD degree.
  A person is guilty of rape in the [second] THIRD degree when:
  1. being eighteen years old or more,  he  or  she  engages  in  sexual
intercourse,  ORAL  SEXUAL  CONDUCT, OR ANAL SEXUAL CONDUCT with another
person less than fifteen years old; [or]
  2. he or she engages in sexual intercourse, ORAL  SEXUAL  CONDUCT,  OR
ANAL  SEXUAL  CONDUCT with another person who is incapable of consent by
reason of being mentally disabled or mentally incapacitated[.];
  3. HE OR SHE INSERTS A FOREIGN OBJECT IN THE VAGINA,  URETHRA,  PENIS,
RECTUM OR ANUS OF ANOTHER PERSON:
  (A) BY FORCIBLE COMPULSION; OR
  (B)  WHEN  THE OTHER PERSON IS INCAPABLE OF CONSENT BY REASON OF BEING
PHYSICALLY HELPLESS; OR
  (C) WHEN THE OTHER PERSON IS LESS THAN ELEVEN YEARS OLD; OR
  4. HE OR SHE INSERTS A FOREIGN OBJECT IN THE VAGINA,  URETHRA,  PENIS,
RECTUM  OR ANUS OF ANOTHER PERSON CAUSING PHYSICAL INJURY TO SUCH PERSON
AND SUCH PERSON IS INCAPABLE OF CONSENT  BY  REASON  OF  BEING  MENTALLY
DISABLED OR MENTALLY INCAPACITATED.
  CONDUCT  PERFORMED FOR A VALID MEDICAL PURPOSE DOES NOT VIOLATE SUBDI-
VISIONS THREE AND FOUR OF THIS SECTION.

S. 3515--A                          6

  It shall be an affirmative  defense  to  the  crime  of  rape  in  the
[second] THIRD degree as defined in subdivision one of this section that
the defendant was less than four years older than the victim at the time
of the act.
  Rape in the [second] THIRD degree is a class D felony.
  S  10. The penal law is amended by adding a new section 130.33 to read
as follows:
S 130.33 RAPE IN THE SECOND DEGREE.
  A PERSON IS GUILTY OF RAPE IN THE SECOND DEGREE WHEN HE OR SHE INSERTS
A FINGER IN THE VAGINA, URETHRA, PENIS, RECTUM OR ANUS OF ANOTHER PERSON
CAUSING PHYSICAL INJURY TO SUCH PERSON:
  1. BY FORCIBLE COMPULSION; OR
  2. WHEN THE OTHER PERSON IS INCAPABLE OF CONSENT BY  REASON  OF  BEING
PHYSICALLY HELPLESS; OR
  3. WHEN THE OTHER PERSON IS LESS THAN ELEVEN YEARS OLD.
  CONDUCT  PERFORMED  FOR  A  VALID MEDICAL PURPOSE DOES NOT VIOLATE THE
PROVISIONS OF THIS SECTION.
  RAPE IN THE SECOND DEGREE IS A CLASS C FELONY.
  S 11. Section 130.35 of the penal law, as amended by chapter 1 of  the
laws of 2000, is amended to read as follows:
S 130.35 Rape in the first degree.
  A person is guilty of rape in the first degree when:
  1.  he  or  she engages in sexual intercourse, ORAL SEXUAL CONDUCT, OR
ANAL SEXUAL CONDUCT with another person:
  [1.] (A) By forcible compulsion; or
  [2.] (B) Who is incapable of consent by  reason  of  being  physically
helpless; or
  [3.] (C) Who is less than eleven years old; or
  [4.] (D) Who is less than thirteen years old and the actor is eighteen
years old or more[.];
  2.  HE  OR SHE INSERTS A FOREIGN OBJECT IN THE VAGINA, URETHRA, PENIS,
RECTUM OR ANUS OF ANOTHER PERSON CAUSING PHYSICAL INJURY TO SUCH PERSON:
  (A) BY FORCIBLE COMPULSION; OR
  (B) WHEN THE OTHER PERSON IS INCAPABLE OF CONSENT BY REASON  OF  BEING
PHYSICALLY HELPLESS; OR
  (C) WHEN THE OTHER PERSON IS LESS THAN ELEVEN YEARS OLD.
  CONDUCT  PERFORMED FOR A VALID MEDICAL PURPOSE DOES NOT VIOLATE SUBDI-
VISION TWO OF THIS SECTION.
  Rape in the first degree is a class B felony.
  S 12. Section 255.26 of the penal law, as added by chapter 320 of  the
laws of 2006, is amended to read as follows:
S 255.26 Incest in the second degree.
  A  person  is  guilty  of  incest  in the second degree when he or she
commits the crime of rape in the [second] THIRD degree,  as  defined  in
section  130.30  of  this  part,  [or  criminal sexual act in the second
degree, as defined in section 130.45 of this  part,]  against  a  person
whom  he  or  she  knows  to  be  related to him or her, whether through
marriage or not, as an ancestor, descendant, brother or sister of either
the whole or the half blood, uncle, aunt, nephew or niece.
  Incest in the second degree is a class D felony.
  S 13. Section 255.27 of the penal law, as added by chapter 320 of  the
laws of 2006, is amended to read as follows:
S 255.27 Incest in the first degree.
  A  person  is  guilty  of  incest  in  the first degree when he or she
commits the crime of rape in the first degree, as defined  in  PARAGRAPH
(C)  OR (D) OF subdivision [three or four] ONE of section 130.35 of this

S. 3515--A                          7

part[, or criminal sexual act in the first degree, as defined in  subdi-
vision  three  or four of section 130.50 of this part,] against a person
whom he or she knows to be  related  to  him  or  her,  whether  through
marriage or not, as an ancestor, descendant, brother or sister of either
the whole or half blood, uncle, aunt, nephew or niece.
  Incest in the first degree is a class B felony.
  S  14. Subdivision 3 of section 485.05 of the penal law, as amended by
chapter 405 of the laws of 2010, is amended to read as follows:
  3. A "specified offense" is an offense defined by any of the following
provisions of  this  chapter:  section  120.00  (assault  in  the  third
degree);  section  120.05 (assault in the second degree); section 120.10
(assault in the first degree); section 120.12 (aggravated assault upon a
person less than eleven years old);  section  120.13  (menacing  in  the
first  degree);  section 120.14 (menacing in the second degree); section
120.15 (menacing in the third degree); section 120.20  (reckless  endan-
germent  in the second degree); section 120.25 (reckless endangerment in
the first degree); section 121.12 (strangulation in the second  degree);
section  121.13  (strangulation in the first degree); subdivision one of
section 125.15 (manslaughter in the second degree); subdivision one, two
or four of section 125.20 (manslaughter in the  first  degree);  section
125.25  (murder  in  the second degree); section 120.45 (stalking in the
fourth degree); section 120.50 (stalking in the third  degree);  section
120.55  (stalking in the second degree); section 120.60 (stalking in the
first degree); SUBDIVISION ONE OF SECTION 130.33  (RAPE  IN  THE  SECOND
DEGREE);  PARAGRAPH (A) OF subdivision one AND PARAGRAPH (A) OF SUBDIVI-
SION TWO of section 130.35 (rape in the first degree); [subdivision  one
of  section  130.50 (criminal sexual act in the first degree);] subdivi-
sion one of section 130.65 (sexual abuse in the  first  degree);  [para-
graph  (a) of subdivision one of section 130.67 (aggravated sexual abuse
in the second degree); paragraph  (a)  of  subdivision  one  of  section
130.70  (aggravated  sexual  abuse in the first degree);] section 135.05
(unlawful imprisonment in the second degree); section  135.10  (unlawful
imprisonment  in  the  first  degree); section 135.20 (kidnapping in the
second degree); section 135.25 (kidnapping in the first degree); section
135.60 (coercion in the second degree); section 135.65 (coercion in  the
first  degree);  section 140.10 (criminal trespass in the third degree);
section 140.15 (criminal trespass in the second degree); section  140.17
(criminal trespass in the first degree); section 140.20 (burglary in the
third  degree);  section 140.25 (burglary in the second degree); section
140.30 (burglary in the first degree); section 145.00 (criminal mischief
in the fourth degree); section 145.05 (criminal mischief  in  the  third
degree);  section  145.10  (criminal  mischief  in  the  second degree);
section 145.12 (criminal mischief in the first degree);  section  150.05
(arson  in  the  fourth  degree);  section  150.10  (arson  in the third
degree); section 150.15 (arson in the  second  degree);  section  150.20
(arson  in  the  first  degree); section 155.25 (petit larceny); section
155.30 (grand larceny in  the  fourth  degree);  section  155.35  (grand
larceny  in  the  third  degree);  section  155.40 (grand larceny in the
second degree); section 155.42 (grand  larceny  in  the  first  degree);
section 160.05 (robbery in the third degree); section 160.10 (robbery in
the  second  degree);  section  160.15  (robbery  in  the first degree);
section 240.25 (harassment in the first degree); subdivision one, two or
four of section 240.30 (aggravated harassment in the second degree);  or
any attempt or conspiracy to commit any of the foregoing offenses.
  S 15. Subdivision 42 of section 1.20 of the criminal procedure law, as
amended by chapter 7 of the laws of 2007, is amended to read as follows:

S. 3515--A                          8

  42.  "Juvenile offender" means (1) a person, thirteen years old who is
criminally responsible for acts constituting murder in the second degree
as defined in subdivisions one and two of section 125.25  of  the  penal
law,  or  such  conduct as a sexually motivated felony, where authorized
pursuant  to  section 130.91 of the penal law; and (2) a person fourteen
or fifteen years old who is criminally responsible for acts constituting
the crimes defined in subdivisions one and two of section 125.25 (murder
in the second degree) and in subdivision three of such section  provided
that  the  underlying  crime for the murder charge is one for which such
person is criminally responsible;  section  135.25  (kidnapping  in  the
first  degree); 150.20 (arson in the first degree); subdivisions one and
two of section 120.10 (assault in the first degree); 125.20 (manslaught-
er in the first degree); [subdivisions one and] PARAGRAPHS (A)  AND  (B)
OF  SUBDIVISION  ONE  AND SUBDIVISION two of section 130.35 (rape in the
first degree); [subdivisions one and two  of  section  130.50  (criminal
sexual  act in the first degree); 130.70 (aggravated sexual abuse in the
first degree);] 140.30 (burglary in the first degree);  subdivision  one
of  section 140.25 (burglary in the second degree); 150.15 (arson in the
second degree); 160.15 (robbery in the first degree); subdivision two of
section 160.10 (robbery in the second  degree)  of  the  penal  law;  or
section  265.03 of the penal law, where such machine gun or such firearm
is possessed on school grounds, as that phrase is defined in subdivision
fourteen of section 220.00 of the penal law; or defined in the penal law
as an attempt to commit murder in the second degree or kidnapping in the
first degree, or such conduct as  a  sexually  motivated  felony,  where
authorized pursuant to section 130.91 of the penal law.
  S  16. Paragraph (a) of subdivision 2 of section 30.10 of the criminal
procedure law, as amended by chapter 467 of the laws of 2008, is amended
to read as follows:
  (a) A prosecution for a class A felony, or rape in the first degree as
defined in section 130.35 of the penal  law,  [or  a  crime  defined  or
formerly defined in section 130.50 of the penal law, or aggravated sexu-
al  abuse  in the first degree as defined in section 130.70 of the penal
law,] or course of sexual conduct against a child in the first degree as
defined in section 130.75 of the penal law may be commenced at any time;
  S 17. Paragraphs (a) and (b) of subdivision 1, the  opening  paragraph
of subdivision 2 and paragraph (a) of subdivision 3 of section 140.20 of
the  criminal  procedure law, paragraphs (a) and (b) of subdivision 1 as
amended by chapter 324 of the laws of 1988,  the  opening  paragraph  of
subdivision  2  and paragraph (a) of subdivision 3 as amended by chapter
550 of the laws of 1987, are amended to read as follows:
  (a) If the arrest is for an offense other than a class A, B,  C  or  D
felony  or  a  violation  of  SUBDIVISION  ONE,  TWO OR THREE OF section
130.25, [130.40,]  OR SECTION 205.10, 205.17, 205.19 or  215.56  of  the
penal  law  committed  in  a town, but not in a village thereof having a
village court, and the town court of such town is not available  at  the
time, the arrested person may be brought before the local criminal court
of any village within such town or, any adjoining town, village embraced
in  whole or in part by such adjoining town, or city of the same county;
and
  (b) If the arrest is for an offense other than a class A, B,  C  or  D
felony  or  a  violation  of  SUBDIVISION  ONE,  TWO OR THREE OF section
130.25, [130.40,] OR SECTION 205.10, 205.17, 205.19  or  215.56  of  the
penal  law  committed in a village having a village court and such court
is not available at the time, the arrested person may be brought  before
the  town  court of the town embracing such village or any other village

S. 3515--A                          9

court within such town, or, if such town or village court is not  avail-
able  either,  before  the  local  criminal court of any adjoining town,
village embraced in whole or in part by such adjoining town, or city  of
the same county; and
  If the arrest is for an offense other than a class A, B, C or D felony
or  a  violation  of  SUBDIVISION  ONE,  TWO OR THREE OF section 130.25,
[130.40,] OR SECTION 205.10, 205.17, 205.19 or 215.56 of the penal  law,
the arrested person need not be brought before a local criminal court as
provided  in  subdivision  one,  and  the  procedure  may  instead be as
follows:
  (a) the arrest is for an offense other than a class A, B, C or D felo-
ny or a violation of SUBDIVISION ONE, TWO OR THREE  OF  section  130.25,
[130.40,]  OR SECTION 205.10, 205.17, 205.19 or 215.56 of the penal law,
and
  S 18. Paragraph (a) of subdivision 3  and  the  opening  paragraph  of
subdivision  4  of  section  140.27  of  the  criminal procedure law, as
amended by chapter 550 of the laws of  1987,  are  amended  to  read  as
follows:
  (a) the arrest is for an offense other than a class A, B, C or D felo-
ny  or  a  violation of SUBDIVISION ONE, TWO OR THREE OF section 130.25,
[130.40,] OR SECTION 205.10, 205.17, 205.19 or 215.56 of the  penal  law
and
  If the arrest is for an offense other than a class A, B, C or D felony
or  a  violation  of  SUBDIVISION  ONE,  TWO OR THREE OF section 130.25,
[130.40,] OR SECTION 205.10, 205.17, 205.19 or 215.56 of the penal  law,
the arrested person need not be brought before a local criminal court as
provided  in  subdivision  two,  and  the  procedure  may  instead be as
follows:
  S 19. Paragraph (a) of subdivision 2  and  the  opening  paragraph  of
subdivision  3  of  section  140.40  of  the  criminal procedure law, as
amended by chapter 550 of the laws of  1987,  are  amended  to  read  as
follows:
  (a) the arrest is for an offense other than a class A, B, C or D felo-
ny  or  a  violation of SUBDIVISION ONE, TWO OR THREE OF section 130.25,
[130.40,] OR SECTION 205.10, 205.17, 205.19 or 215.56 of the  penal  law
and
  If the arrest is for an offense other than a class A, B, C or D felony
or  a  violation  of  SUBDIVISION  ONE,  TWO OR THREE OF section 130.25,
[130.40,] OR SECTION 205.10, 205.17, 205.19 or 215.56 of the penal  law,
the  arrested  person need not be brought before a local criminal court,
as provided in subdivision one, and the  procedure  may  instead  be  as
follows:
  S  20. Section 150.20 of the criminal procedure law, subdivisions 1, 2
and 3 as amended by chapter 550 of the laws of 1987, is amended to  read
as follows:
S 150.20 Appearance ticket; when and by whom issuable.
  1.  Whenever a police officer is authorized pursuant to section 140.10
to arrest a person without a warrant for an offense other than  a  class
A,  B,  C or D felony or a violation of SUBDIVISION ONE, TWO OR THREE OF
section 130.25, [130.40,] OR SECTION 205.10, 205.17, 205.19 or 215.56 of
the penal law, he may, subject to the provisions of  subdivisions  three
and  four of section 150.40, instead issue to and serve upon such person
an appearance ticket.
  2. (a)  Whenever a police officer has  arrested  a  person  without  a
warrant  for  an  offense  other  than  a class A, B, C or D felony or a
violation of SUBDIVISION ONE, TWO OR THREE OF section 130.25,  [130.40,]

S. 3515--A                         10

OR SECTION 205.10, 205.17, 205.19 or 215.56 of the penal law pursuant to
section  140.10,  or (b) whenever a peace officer, who is not authorized
by law to issue an appearance ticket,  has  arrested  a  person  for  an
offense  other than a class A, B, C or D felony or a violation of SUBDI-
VISION ONE, TWO OR THREE OF section 130.25, [130.40,] OR SECTION 205.10,
205.17, 205.19 or 215.56 of the penal law pursuant  to  section  140.25,
and has requested a police officer to issue and serve upon such arrested
person  an  appearance  ticket  pursuant  to subdivision four of section
140.27, or (c) whenever a person has been arrested for an offense  other
than  a class A, B, C or D felony or a violation of SUBDIVISION ONE, TWO
OR THREE OF section 130.25, [130.40,] OR SECTION 205.10, 205.17,  205.19
or  215.56  of the penal law and has been delivered to the custody of an
appropriate police officer pursuant to section 140.40, such police offi-
cer may, instead of bringing such person before a local  criminal  court
and  promptly filing or causing the arresting peace officer or arresting
person to file a local criminal court accusatory  instrument  therewith,
issue  to and serve upon such person an appearance ticket.  The issuance
and service of an appearance ticket  under  such  circumstances  may  be
conditioned  upon  a  deposit  of  pre-arraignment  bail, as provided in
section 150.30.
  3.  A public servant other than a police  officer,  who  is  specially
authorized  by state law or local law enacted pursuant to the provisions
of the municipal home rule law to issue  and  serve  appearance  tickets
with  respect to designated offenses other than class A, B, C or D felo-
nies or violations of SUBDIVISION ONE, TWO OR THREE OF  section  130.25,
[130.40,]  OR SECTION 205.10, 205.17, 205.19 or 215.56 of the penal law,
may in such cases issue and serve upon a  person  an  appearance  ticket
when he has reasonable cause to believe that such person has committed a
crime, or has committed a petty offense in his presence.
  S  21.  Subdivision 4 of section 180.75 of the criminal procedure law,
as amended by chapter 264 of the laws of 2003, is  amended  to  read  as
follows:
  4.  Notwithstanding  the  provisions  of subdivisions two and three of
this section, a local criminal  court  shall,  at  the  request  of  the
district  attorney, order removal of an action against a juvenile offen-
der to the family court pursuant to  the  provisions  of  article  seven
hundred twenty-five of this chapter if, upon consideration of the crite-
ria  specified  in subdivision two of section 210.43 of this chapter, it
is determined that to do so  would  be  in  the  interests  of  justice.
Where,  however, the felony complaint charges the juvenile offender with
murder in the second degree as defined in section 125.25  of  the  penal
law, rape in the first degree as defined in PARAGRAPH (A) OF subdivision
one  of  section  130.35  of  the penal law, [criminal sexual act in the
first degree as defined in subdivision one  of  section  130.50  of  the
penal  law,]  or an armed felony as defined in paragraph (a) of subdivi-
sion forty-one of section 1.20 of this  chapter,  a  determination  that
such  action be removed to the family court shall, in addition, be based
upon a finding of one or more of the following factors:  (i)  mitigating
circumstances  that bear directly upon the manner in which the crime was
committed; or (ii) where the defendant was not the sole  participant  in
the  crime,  the defendant's participation was relatively minor although
not so minor as to constitute a defense to  the  prosecution;  or  (iii)
possible deficiencies in proof of the crime.
  S 22. Subdivision (a) of section 190.71 of the criminal procedure law,
as  amended  by  chapter  7  of  the laws of 2007, is amended to read as
follows:

S. 3515--A                         11

  (a) Except as provided in subdivision six of section  200.20  of  this
chapter,  a grand jury may not indict (i) a person thirteen years of age
for any conduct or crime other than conduct constituting a crime defined
in subdivisions one and two of section  125.25  (murder  in  the  second
degree) or such conduct as a sexually motivated felony, where authorized
pursuant  to  section 130.91 of the penal law; (ii) a person fourteen or
fifteen years of age for any conduct or crime other than conduct consti-
tuting a crime defined in subdivisions one and  two  of  section  125.25
(murder  in  the second degree) and in subdivision three of such section
provided that the underlying crime for the  murder  charge  is  one  for
which  such  person is criminally responsible; 135.25 (kidnapping in the
first degree); 150.20 (arson in the first degree); subdivisions one  and
two of section 120.10 (assault in the first degree); 125.20 (manslaught-
er  in  the first degree); [subdivisions one and] PARAGRAPHS (A) AND (B)
OF SUBDIVISION ONE AND SUBDIVISION two of section 130.35  (rape  in  the
first  degree);  [subdivisions  one  and two of section 130.50 (criminal
sexual act in the first degree); 130.70 (aggravated sexual abuse in  the
first  degree);]  140.30 (burglary in the first degree); subdivision one
of section 140.25 (burglary in the second degree); 150.15 (arson in  the
second degree); 160.15 (robbery in the first degree); subdivision two of
section 160.10 (robbery in the second degree) of the penal law; subdivi-
sion  four  of  section  265.02  of the penal law, where such firearm is
possessed on school grounds, as that phrase is  defined  in  subdivision
fourteen  of  section  220.00 of the penal law; or section 265.03 of the
penal law, where such machine gun or such firearm is possessed on school
grounds, as that phrase is defined in subdivision  fourteen  of  section
220.00  of  the  penal law; or defined in the penal law as an attempt to
commit murder in the second degree or kidnapping in the first degree, or
such conduct as a sexually motivated felony, where  authorized  pursuant
to section 130.91 of the penal law.
  S 23. Paragraph (b) of subdivision 1 of section 210.43 of the criminal
procedure law, as amended by chapter 264 of the laws of 2003, is amended
to read as follows:
  (b)  with  the  consent  of the district attorney, order removal of an
action involving an indictment charging a juvenile offender with  murder
in the second degree as defined in section 125.25 of the penal law; rape
in  the  first degree, as defined in PARAGRAPH (A) OF subdivision one of
section 130.35 of the penal law;  [criminal  sexual  act  in  the  first
degree,  as  defined  in  subdivision one of section 130.50 of the penal
law;] or an armed felony as defined  in  paragraph  (a)  of  subdivision
forty-one  of  section  1.20,  to  the  family  court  pursuant  to  the
provisions of article seven hundred twenty-five of this chapter  if  the
court finds one or more of the following factors: (i) mitigating circum-
stances  that  bear  directly  upon  the  manner  in which the crime was
committed; (ii) where the defendant was not the sole participant in  the
crime,  the  defendant's participation was relatively minor although not
so minor as to constitute a defense to the prosecution; or (iii)  possi-
ble  deficiencies in the proof of the crime, and, after consideration of
the factors set forth in subdivision two  of  this  section,  the  court
determined  that  removal  of the action to the family court would be in
the interests of justice.
  S 24.  Subparagraph (iii) of paragraph (g) of subdivision 5 of section
220.10 of the criminal procedure law, as amended by chapter 264  of  the
laws of 2003, is amended to read as follows:
  (iii)  Where  the  indictment  does  not  charge  a crime specified in
subparagraph (i) of this paragraph, the district attorney may  recommend

S. 3515--A                         12

removal  of the action to the family court. Upon making such recommenda-
tion the district attorney shall submit a subscribed memorandum  setting
forth:  (1) a recommendation that the interests of justice would best be
served  by  removal  of  the  action to the family court; and (2) if the
indictment charges a thirteen year old with the crime of murder  in  the
second degree, or a fourteen or fifteen year old with the crimes of rape
in  the  first  degree as defined in PARAGRAPH (A) OF subdivision one of
section 130.35 of the penal law, [or criminal sexual act  in  the  first
degree  as  defined  in  subdivision  one of section 130.50 of the penal
law,] or an armed felony as defined  in  paragraph  (a)  of  subdivision
forty-one  of section 1.20 of this chapter specific factors, one or more
of which reasonably supports the recommendation, showing, (i) mitigating
circumstances that bear directly upon the manner in which the crime  was
committed,  or  (ii) where the defendant was not the sole participant in
the crime, that  the  defendant's  participation  was  relatively  minor
although  not so minor as to constitute a defense to the prosecution, or
(iii) possible deficiencies in proof of the crime,  or  (iv)  where  the
juvenile  offender  has  no previous adjudications of having committed a
designated felony act, as defined in subdivision eight of section  301.2
of  the  family  court act, regardless of the age of the offender at the
time of commission of the act, that the criminal act was not part  of  a
pattern  of  criminal behavior and, in view of the history of the offen-
der, is not likely to be repeated.
  S 25. Subdivision 6 of section 300.50 of the criminal  procedure  law,
as  amended  by  chapter  264 of the laws of 2003, is amended to read as
follows:
  6. For purposes of this section, the offenses of rape in  the  [third]
FOURTH  degree  as defined in subdivision three of section 130.25 of the
penal law [and criminal sexual act in the third  degree  as  defined  in
subdivision  three  of  section 130.40 of the penal law], are not lesser
included offenses of rape in the first degree, criminal  sexual  act  in
the  first  degree  or any other offense. Notwithstanding the foregoing,
either such offense may be submitted as a lesser included offense of the
applicable first degree offense when (i) there is a reasonable  view  of
the  evidence which would support a finding that the defendant committed
such lesser offense but did not commit the  greater  offense,  and  (ii)
both parties consent to its submission.
  S  26.  Subdivision 6 of section 380.50 of the criminal procedure law,
as amended by chapter 320 of the laws of 2006, is  amended  to  read  as
follows:
  6.  Regardless of whether the victim requests to make a statement with
regard to the defendant's sentence, where the defendant is sentenced for
a violent felony offense as defined in section 70.02 of the penal law or
a felony defined in article one hundred twenty-five of such law  or  any
of  the  following  provisions  of  such  law  sections  130.25, 130.30,
[130.40, 130.45] 130.33, 255.25, 255.26,  255.27,  article  two  hundred
sixty-three,  135.10, 135.25, 230.05, 230.06, subdivision two of section
230.30 or 230.32, OR ANY OFFENSES COMMITTED UNDER A  FORMER  SECTION  OF
ARTICLE  ONE  HUNDRED  THIRTY  OF THE PENAL LAW WHICH WOULD CONSTITUTE A
VIOLATION OF THE AFORESAID SECTIONS OF THE  PENAL  LAW,  the  prosecutor
shall,  within  sixty  days  of  the imposition of sentence, provide the
victim with a form on which the victim  may  indicate  a  demand  to  be
informed  of  any  petition  to change the name of such defendant.  Such
forms shall be maintained by such prosecutor. Upon receipt of  a  notice
of  a  petition  to  change  the name of any such defendant, pursuant to
subdivision two of section sixty-two of the civil rights law, the prose-

S. 3515--A                         13

cutor shall promptly notify the victim at the most  current  address  or
telephone  number  provided  by  such  victim in the most reasonable and
expedient possible manner of the time and place such  petition  will  be
presented to the court.
  S 27. Paragraph (b) of subdivision 8 of section 700.05 of the criminal
procedure law, as amended by chapter 405 of the laws of 2010, is amended
to read as follows:
  (b)  Any  of  the  following felonies: assault in the second degree as
defined in section 120.05 of the penal law, assault in the first  degree
as  defined in section 120.10 of the penal law, reckless endangerment in
the first degree as defined in section 120.25 of the penal law,  promot-
ing  a  suicide  attempt  as defined in section 120.30 of the penal law,
strangulation in the second degree as defined in section 121.12  of  the
penal  law,  strangulation  in  the  first  degree as defined in section
121.13 of the penal law, criminally negligent  homicide  as  defined  in
section  125.10  of  the penal law, manslaughter in the second degree as
defined in section 125.15 of the penal law, manslaughter  in  the  first
degree  as  defined  in  section  125.20 of the penal law, murder in the
second degree as defined in section 125.25 of the penal law,  murder  in
the first degree as defined in section 125.27 of the penal law, abortion
in  the  second  degree  as  defined in section 125.40 of the penal law,
abortion in the first degree as defined in section 125.45 of  the  penal
law,  rape  in  the [third] FOURTH degree as defined in SUBDIVISION ONE,
TWO OR THREE OF section 130.25 of the penal law, rape  in  the  [second]
THIRD  degree  as defined in SUBDIVISION ONE OR TWO OF section 130.30 of
the penal law, rape in the first degree as defined in SUBDIVISION ONE OF
section 130.35 of the penal law,  [criminal  sexual  act  in  the  third
degree  as  defined  in section 130.40 of the penal law, criminal sexual
act in the second degree as defined in section 130.45 of the penal  law,
criminal  sexual act in the first degree as defined in section 130.50 of
the penal law,] sexual abuse in the first degree as defined  in  section
130.65  of  the  penal law, unlawful imprisonment in the first degree as
defined in section 135.10 of the penal law,  kidnapping  in  the  second
degree  as defined in section 135.20 of the penal law, kidnapping in the
first degree as defined in section 135.25 of the penal law, labor  traf-
ficking  as defined in section 135.35 of the penal law, custodial inter-
ference in the first degree as defined in section 135.50  of  the  penal
law,  coercion  in  the first degree as defined in section 135.65 of the
penal law, criminal trespass in the first degree as defined  in  section
140.17  of  the  penal  law,  burglary in the third degree as defined in
section 140.20 of the penal  law,  burglary  in  the  second  degree  as
defined in section 140.25 of the penal law, burglary in the first degree
as  defined in section 140.30 of the penal law, criminal mischief in the
third degree as defined in section 145.05 of  the  penal  law,  criminal
mischief  in the second degree as defined in section 145.10 of the penal
law, criminal mischief in the first degree as defined in section  145.12
of  the  penal law, criminal tampering in the first degree as defined in
section 145.20 of the penal law, arson in the fourth degree  as  defined
in section 150.05 of the penal law, arson in the third degree as defined
in  section  150.10  of  the  penal  law,  arson in the second degree as
defined in section 150.15 of the penal law, arson in the first degree as
defined in section 150.20 of the penal law, grand larceny in the  fourth
degree  as  defined in section 155.30 of the penal law, grand larceny in
the third degree as defined in section 155.35 of the  penal  law,  grand
larceny  in  the second degree as defined in section 155.40 of the penal
law, grand larceny in the first degree as defined in section  155.42  of

S. 3515--A                         14

the  penal  law,  health  care  fraud in the fourth degree as defined in
section 177.10 of the penal law, health care fraud in the  third  degree
as  defined in section 177.15 of the penal law, health care fraud in the
second degree as defined in section 177.20 of the penal law, health care
fraud in the first degree as defined in section 177.25 of the penal law,
robbery  in  the  third degree as defined in section 160.05 of the penal
law, robbery in the second degree as defined in section  160.10  of  the
penal  law,  robbery in the first degree as defined in section 160.15 of
the penal law, unlawful use of secret scientific material as defined  in
section  165.07 of the penal law, criminal possession of stolen property
in the fourth degree as defined in section  165.45  of  the  penal  law,
criminal possession of stolen property in the third degree as defined in
section  165.50 of the penal law, criminal possession of stolen property
in the second degree as defined by section  165.52  of  the  penal  law,
criminal possession of stolen property in the first degree as defined by
section  165.54 of the penal law, trademark counterfeiting in the second
degree as defined in section 165.72 of the penal law, trademark counter-
feiting in the first degree as defined in section 165.73  of  the  penal
law,  forgery  in  the second degree as defined in section 170.10 of the
penal law, forgery in the first degree as defined in section  170.15  of
the  penal law, criminal possession of a forged instrument in the second
degree  as  defined  in  section  170.25  of  the  penal  law,  criminal
possession  of  a  forged  instrument  in the first degree as defined in
section 170.30 of the penal law, criminal possession of forgery  devices
as  defined  in  section  170.40  of  the penal law, falsifying business
records in the first degree as defined in section 175.10  of  the  penal
law,  tampering  with  public  records in the first degree as defined in
section 175.25 of the penal law, offering a false instrument for  filing
in the first degree as defined in section 175.35 of the penal law, issu-
ing  a  false certificate as defined in section 175.40 of the penal law,
criminal diversion of prescription medications and prescriptions in  the
second  degree  as  defined in section 178.20 of the penal law, criminal
diversion of prescription medications and  prescriptions  in  the  first
degree  as defined in section 178.25 of the penal law, residential mort-
gage fraud in the fourth degree as defined  in  section  187.10  of  the
penal  law, residential mortgage fraud in the third degree as defined in
section 187.15 of the penal  law,  residential  mortgage  fraud  in  the
second degree as defined in section 187.20 of the penal law, residential
mortgage  fraud  in the first degree as defined in section 187.25 of the
penal law, escape in the second degree as defined in section  205.10  of
the  penal  law, escape in the first degree as defined in section 205.15
of the penal law, absconding from temporary release in the first  degree
as  defined in section 205.17 of the penal law, promoting prison contra-
band in the first degree as defined in section 205.25 of the penal  law,
hindering  prosecution in the second degree as defined in section 205.60
of the penal law, hindering prosecution in the first degree  as  defined
in  section  205.65  of  the  penal  law,  sex trafficking as defined in
section 230.34 of the penal law, criminal possession of a weapon in  the
third  degree  as defined in subdivisions two, three and five of section
265.02 of the penal law, criminal possession of a weapon in  the  second
degree  as  defined  in  section  265.03  of  the  penal  law,  criminal
possession of a weapon in the first degree as defined in section  265.04
of  the penal law, manufacture, transport, disposition and defacement of
weapons and dangerous instruments and appliances defined as felonies  in
subdivisions  one,  two,  and  three of section 265.10 of the penal law,
sections 265.11, 265.12 and 265.13 of the penal law, or  prohibited  use

S. 3515--A                         15

of  weapons as defined in subdivision two of section 265.35 of the penal
law, relating to firearms and other dangerous  weapons,  or  failure  to
disclose  the  origin  of  a recording in the first degree as defined in
section 275.40 of the penal law;
  S  28. Paragraph (a) of subdivision 2 and paragraph (a) of subdivision
3 of section 168-a of the correction law, paragraph (a) of subdivision 2
as amended by chapter 405 of the laws  of  2008  and  paragraph  (a)  of
subdivision 3 as amended by chapter 107 of the laws of 2006, are amended
to read as follows:
  (a)  (i)  a conviction of or a conviction for an attempt to commit any
of the provisions of sections 120.70, 130.20, [130.25,  130.30,  130.40,
130.45,]  130.60, 230.34, 250.50, 255.25, 255.26 and 255.27, OR SUBDIVI-
SION ONE, TWO OR THREE OF SECTION 130.25, OR SUBDIVISION ONE OR  TWO  OF
SECTION  130.30, or article two hundred sixty-three of the penal law, or
section 135.05, 135.10, 135.20 or 135.25 of such law relating to kidnap-
ping offenses, provided the victim of such kidnapping or related offense
is less than seventeen years old and the offender is not the  parent  of
the  victim,  or  section 230.04, where the person patronized is in fact
less than seventeen years of age, 230.05 or 230.06, or  subdivision  two
of section 230.30, or section 230.32 or 230.33 of the penal law, or (ii)
a  conviction  of  or  a  conviction for an attempt to commit any of the
provisions of section 235.22 of the penal law, or (iii) a conviction  of
or a conviction for an attempt to commit any provisions of the foregoing
sections  committed  or  attempted  as  a  hate crime defined in section
485.05 of the penal law or as a crime of terrorism  defined  in  section
490.25  of such law or as a sexually motivated felony defined in section
130.91 of such law; or (IV) ANY OFFENSE COMMITTED UNDER A FORMER SECTION
OF ARTICLE ONE HUNDRED THIRTY OF THE PENAL LAW WHICH WOULD CONSTITUTE  A
VIOLATION OF THE AFORESAID SECTIONS OF THE PENAL LAW; OR
  (a)  (i)  a conviction of or a conviction for an attempt to commit any
of the provisions of sections 130.33, 130.35, [130.50,] 130.65, [130.66,
130.67, 130.70,] 130.75, 130.80, 130.95 and 130.96 of the penal law,  or
(ii) a conviction of or a conviction for an attempt to commit any of the
provisions  of  sections 130.53[, 130.65-a] and 130.90 of the penal law,
or [(iii)] SUBDIVISIONS FOUR AND FIVE OF SECTION 130.25 OR 130.30 OF THE
PENAL LAW, OR (III) ANY OFFENSES COMMITTED UNDER  A  FORMER  SECTION  OF
ARTICLE  ONE  HUNDRED  THIRTY  OF THE PENAL LAW WHICH WOULD CONSTITUTE A
VIOLATION OF THE  AFORESAID  SECTIONS  OF  THE  PENAL  LAW,  OR  (IV)  a
conviction of or a conviction for an attempt to commit any provisions of
the foregoing sections committed or attempted as a hate crime defined in
section  485.05  of  the penal law or as a crime of terrorism defined in
section 490.25 of such law; or
  S 29. Subparagraph (ii) of paragraph (a), subparagraphs (i)  and  (ii)
of  paragraph (b) and paragraph (e) of subdivision 8 of section 384-b of
the social services law, subparagraph (ii) of paragraph (a) and subpara-
graph (i) of paragraph (b) as amended by chapter  430  of  the  laws  of
2013,  and paragraph (e) as added and subparagraph (ii) of paragraph (b)
as amended by chapter 7 of the laws of 1999,  are  amended  to  read  as
follows:
  (ii)  the  child  has  been found to be an abused child, as defined in
paragraph (iii) of subdivision (e) of section ten hundred twelve of  the
family  court act, as a result of such parent's acts; provided, however,
the respondent must have committed or knowingly allowed to be  committed
a  felony  sex  offense as defined in [sections] SUBDIVISION ONE, TWO OR
THREE OF SECTION  130.25[,]  OR  130.30,  OR  SECTIONS  130.33,  130.35,
[130.40,  130.45,  130.50,]  130.65,  [130.67,  130.70,] 130.75, 130.80,

S. 3515--A                         16

130.95 and 130.96 of the penal law and, for the purposes of this section
the corroboration requirements contained in  the  penal  law  shall  not
apply to proceedings under this section; or
  (i)  the child has been found to be an abused child, (A) as defined in
paragraph (i) of subdivision (e) of section ten hundred  twelve  of  the
family  court  act, as a result of such parent's acts; or (B) as defined
in paragraph (iii) of subdivision (e) of section ten hundred  twelve  of
the  family  court  act,  as  a  result of such parent's acts; provided,
however, the respondent must have committed or knowingly allowed  to  be
committed a felony sex offense as defined in [sections] SUBDIVISION ONE,
TWO  OR  THREE  OF  SECTION  130.25,  SUBDIVISION  ONE OR TWO OF SECTION
130.30, OR SECTIONS 130.33, 130.35, [130.40,  130.45,  130.50,]  130.65,
[130.67,  130.70,]  130.75,  130.80, 130.95 and 130.96 of the penal law;
and
  (ii) (A) the child or another child for whose care such parent  is  or
has  been legally responsible has been previously found, within the five
years immediately preceding the initiation of the  proceeding  in  which
such  abuse is found, to be an abused child, as defined in paragraph (i)
or (iii) of subdivision (e) of section ten hundred twelve of the  family
court  act, as a result of such parent's acts; provided, however, in the
case of a finding of abuse as defined in paragraph (iii) of  subdivision
(e) of section ten hundred twelve of the family court act the respondent
must  have  committed  or knowingly allowed to be committed a felony sex
offense as defined in  [sections]  SUBDIVISION  ONE,  TWO  OR  THREE  OF
SECTION  130.25,  SUBDIVISION  ONE OR TWO OF SECTION 130.30, OR SECTIONS
130.33, 130.35, [130.40,  130.45,  130.50,]  130.65,  [130.67,  130.70,]
130.75 and 130.80 of the penal law, or (B) the parent has been convicted
of a crime under SUBDIVISION ONE, TWO OR THREE OF section 130.25, SUBDI-
VISION  ONE  OR  TWO  OF  SECTION  130.30,  OR  SECTIONS 130.33, 130.35,
[130.40, 130.45, 130.50,] 130.65, [130.67, 130.70,] 130.75 or 130.80  of
the penal law against the child, a sibling of the child or another child
for  whose  care  such parent is or has been legally responsible, within
the five  year  period  immediately  preceding  the  initiation  of  the
proceeding in which abuse is found; and
  (e) A determination by the court in accordance with article ten of the
family  court  act based upon clear and convincing evidence that a child
was abused (A) as defined in paragraph (i) of subdivision (e) of section
ten hundred twelve of the family court act, as a result of such parent's
acts; or (B) as defined in paragraph (iii) of subdivision (e) of section
ten hundred twelve of the family court act, as a result of such parent's
acts; provided, however, the respondent must have committed or knowingly
allowed to be committed a felony sex offense as  defined  in  [sections]
SUBDIVISION  ONE, TWO OR THREE OF SECTION 130.25, SUBDIVISION ONE OR TWO
OF SECTION 130.30, OR SECTIONS 130.33, 130.35, [130.40, 130.45, 130.50,]
130.65, [130.67, 130.70,] 130.75 and  130.80  of  the  penal  law  shall
establish that the child was an abused child for the purpose of a deter-
mination  as  required  by  subparagraph (i) or (ii) of paragraph (b) of
this subdivision. Such a determination by the court in  accordance  with
article  ten  of the family court act based upon a fair preponderance of
evidence shall be admissible in any proceeding commenced  in  accordance
with this section.
  S  30. Subdivision 4 of section 509-cc of the vehicle and traffic law,
as amended by chapter 400 of the laws of 2011, is  amended  to  read  as
follows:
  (4) (a) The offenses referred to in subparagraph (ii) of paragraph (a)
of  subdivision one and paragraph (a) of subdivision two of this section

S. 3515--A                         17

that result in permanent disqualification  shall  include  a  conviction
under  sections  125.12, 125.13, 125.14, 125.15, 125.20, 125.21, 125.22,
125.25,  125.26,  125.27,  130.30,  130.33,  130.35,  [130.45,  130.50,]
130.65,  [130.66,  130.67,  130.70,]  130.75,  130.80,  130.90,  130.95,
130.96, 135.25, 150.20, 230.30, 230.32, 230.34, 235.22, 263.05,  263.10,
263.11,  263.15,  263.16 of the penal law or an attempt to commit any of
the aforesaid offenses under section 110.00 of the  penal  law,  or  any
offenses  committed  under a former section of the penal law which would
constitute violations of the aforesaid sections of the penal law, or any
offenses committed outside this state which would constitute  violations
of the aforesaid sections of the penal law.
  (b)  The offenses referred to in subparagraph (ii) of paragraph (a) of
subdivision one and paragraph (b) of subdivision  two  of  this  section
that  result  in  permanent  disqualification shall include a conviction
under sections 100.13, 105.15, 105.17, 115.08, 120.12,  120.70,  125.10,
125.11,  [130.40,]  130.25,  130.53, 130.60, [130.65-a,] 135.20, 160.15,
220.18, 220.21, 220.39, 220.41, 220.43, 220.44, 230.25,  260.00,  265.04
of  the  penal law or an attempt to commit any of the aforesaid offenses
under section 110.00 of the penal law, or any offenses committed under a
former section of the penal law which would constitute violations of the
aforesaid sections of the penal law, or any offenses  committed  outside
this  state  which would constitute violations of the aforesaid sections
of the penal law.
  (c) The offenses referred to in subparagraph (i) of paragraph  (b)  of
subdivision one and subparagraph (i) of paragraph (c) of subdivision two
of  this  section  that  result in disqualification for a period of five
years shall include a conviction under sections 100.10, 105.13,  115.05,
120.03,  120.04,  120.04-a,  120.05,  120.10,  120.25,  121.12,  121.13,
125.40,  125.45,  130.20,  [130.25,]  130.52,  130.55,  135.10,  135.55,
140.17,  140.25, 140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06,
220.09, 220.16, 220.31, 220.34, 220.60, 220.65, 221.30, 221.50,  221.55,
230.00,  230.05, 230.06, 230.20, 235.05, 235.06, 235.07, 235.21, 240.06,
245.00, 260.10, subdivision two of section 260.20 and  sections  260.25,
265.02,  265.03, 265.08, 265.09, 265.10, 265.12, 265.35 of the penal law
or an attempt to commit any of  the  aforesaid  offenses  under  section
110.00  of  the  penal  law,  or  any similar offenses committed under a
former section of the penal law,  or  any  offenses  committed  under  a
former section of the penal law which would constitute violations of the
aforesaid  sections  of the penal law, or any offenses committed outside
this state which would constitute violations of the  aforesaid  sections
of the penal law.
  S  31.  Subdivision  (b)  of  section  117 of the family court act, as
amended by chapter 7 of the laws of 2007, is amended to read as follows:
  (b) For every juvenile  delinquency  proceeding  under  article  three
involving  an  allegation of an act committed by a person which, if done
by an adult, would be a crime (i) defined in sections 125.27 (murder  in
the first degree); 125.25 (murder in the second degree); 135.25 (kidnap-
ping  in the first degree); or 150.20 (arson in the first degree) of the
penal law committed by a person thirteen, fourteen or fifteen  years  of
age;  or  such  conduct  committed as a sexually motivated felony, where
authorized pursuant to section 130.91 of the penal law; (ii) defined  in
sections  120.10  (assault in the first degree); 125.20 (manslaughter in
the first degree); SUBDIVISION ONE OF SECTION 130.35 (rape in the  first
degree);  [130.50  (criminal  sexual  act in the first degree);] SECTION
135.20 (kidnapping in the second degree), but only where  the  abduction
involved  the  use  or  threat  of  use of deadly physical force; 150.15

S. 3515--A                         18

(arson in the second degree); or 160.15 (robbery in the first degree) of
the penal law committed by a person thirteen, fourteen or fifteen  years
of  age; or such conduct committed as a sexually motivated felony, where
authorized pursuant to section 130.91 of the penal law; (iii) defined in
the  penal  law  as  an  attempt to commit murder in the first or second
degree or kidnapping in the first degree committed by a person thirteen,
fourteen or fifteen years of age; or such conduct committed as a sexual-
ly motivated felony, where authorized pursuant to section 130.91 of  the
penal  law;  (iv)  defined  in  section  140.30  (burglary  in the first
degree); subdivision one of  section  140.25  (burglary  in  the  second
degree);  subdivision  two  of  section  160.10  (robbery  in the second
degree) of the penal law; or section 265.03 of the penal law, where such
machine gun or such firearm is possessed  on  school  grounds,  as  that
phrase is defined in subdivision fourteen of section 220.00 of the penal
law  committed  by  a  person  fourteen or fifteen years of age; or such
conduct committed as  a  sexually  motivated  felony,  where  authorized
pursuant  to  section  130.91  of  the penal law; (v) defined in section
120.05 (assault in the second degree) or 160.10 (robbery in  the  second
degree) of the penal law committed by a person fourteen or fifteen years
of  age  but  only  where there has been a prior finding by a court that
such person has previously committed an act which, if  committed  by  an
adult,  would  be  the crime of assault in the second degree, robbery in
the second degree or any designated felony act specified in clause  (i),
(ii)  or  (iii) of this subdivision regardless of the age of such person
at the time of the commission of the prior act; or  (vi)  other  than  a
misdemeanor,  committed by a person at least seven but less than sixteen
years of age, but only where there has been two prior  findings  by  the
court  that such person has committed a prior act which, if committed by
an adult would be a felony:
  (i) There is hereby established in the family court in the city of New
York at least one "designated felony act part." Such part or parts shall
be held separate from all other proceedings of the court, and shall have
jurisdiction over all proceedings involving such an allegation. All such
proceedings shall be originated in or be transferred to this  part  from
other parts as they are made known to the court.
  (ii)  Outside  the city of New York, all proceedings involving such an
allegation shall have a hearing preference over every  other  proceeding
in the court, except proceedings under article ten.
  S  32.  Paragraph (ii) of subdivision 8 of section 301.2 of the family
court act, as amended by chapter 7 of the laws of 2007,  is  amended  to
read as follows:
  (ii)  defined in sections 120.10 (assault in the first degree); 125.20
(manslaughter in the first degree); 130.35 (rape in the  first  degree);
[130.50  (criminal  sexual  act in the first degree); 130.70 (aggravated
sexual abuse in the first degree);] 135.20  (kidnapping  in  the  second
degree)  but  only where the abduction involved the use or threat of use
of deadly physical force; 150.15 (arson in the second degree) or  160.15
(robbery  in  the  first  degree) of the penal law committed by a person
thirteen, fourteen or fifteen years of age; or such conduct committed as
a sexually motivated felony, where authorized pursuant to section 130.91
of the penal law;
  S 33. Subdivision 4 of section 308.1  of  the  family  court  act,  as
amended  by  chapter  264  of  the  laws  of 2003, is amended to read as
follows:
  4. The probation service shall not adjust a case in  which  the  child
has  allegedly committed a delinquent act which would be a crime defined

S. 3515--A                         19

in section 120.25, (reckless endangerment in the first degree), subdivi-
sion one of section 125.15, (manslaughter in the second degree),  subdi-
vision  one  of  section  130.25,  (rape  in the [third] FOURTH degree),
[subdivision  one  of  section 130.40, (criminal sexual act in the third
degree),] subdivision one or two of section 130.65, (sexual abuse in the
first degree), section 135.65, (coercion in the first  degree),  section
140.20,  (burglary  in  the third degree), section 150.10, (arson in the
third degree), section 160.05, (robbery in the third  degree),  subdivi-
sion  two,  three  or  four of section 265.02, (criminal possession of a
weapon in the third degree), section 265.03, (criminal possession  of  a
weapon in the second degree), or section 265.04, (criminal possession of
a dangerous weapon in the first degree) of the penal law where the child
has previously had one or more adjustments of a case in which such child
allegedly  committed  an  act  which  would be a crime specified in this
subdivision unless it has received written approval from the  court  and
the appropriate presentment agency.
  S  34.  Subdivision  (c)  of  section 1052 of the family court act, as
added by chapter 739 of the laws of 1981, is amended to read as follows:
  (c) Prior to granting an order of disposition pursuant to  subdivision
(a) of this section following an adjudication of child abuse, as defined
in  paragraph  (i)  of  subdivision (e) of section ten hundred twelve of
this act or a finding of a felony sex offense as defined  in  [sections]
SUBDIVISION  ONE, TWO OR THREE OF SECTION 130.25, SUBDIVISION ONE OR TWO
OF SECTION 130.30, OR  SECTION  130.35,  [130.40,  130.45,  130.50,]  OR
130.65  [and  130.70]  of  the  penal  law,  the  court shall advise the
respondent that any subsequent adjudication of child abuse,  as  defined
in  paragraph  (i)  of subdivision (e) of section one thousand twelve of
this act or any subsequent finding of a felony sex offense as defined in
those sections of the penal law herein enumerated, arising out  of  acts
of  the  respondent may result in the commitment of the guardianship and
custody of the child or another child pursuant to section three  hundred
eighty-four-b  of the social services law. The order in such cases shall
contain a statement that any subsequent adjudication of child  abuse  or
finding  of  a  felony sex offense as described herein may result in the
commitment of the guardianship and custody  of  the  child,  or  another
child  pursuant  to  section  three  hundred eighty-four-b of the social
services law.
  S 35. Subdivision 2 of section 61 of the civil rights law, as  amended
by  section 54 of subpart B of part C of chapter 62 of the laws of 2011,
is amended to read as follows:
  2. If the petitioner stands convicted of a violent felony  offense  as
defined in section 70.02 of the penal law or a felony defined in article
one  hundred  twenty-five of such law or any of the following provisions
of such law sections 130.25, 130.30, [130.40, 130.45,]  255.25,  255.26,
255.27, article two hundred sixty-three, 135.10, 135.25, 230.05, 230.06,
subdivision  two  of section 230.30 or 230.32, and is currently confined
as an inmate in any correctional facility or currently under the  super-
vision  of  the department of corrections and community supervision or a
county probation department as a result of such conviction, the petition
shall for each such conviction specify such felony conviction, the  date
of  such  conviction  or  convictions,  and  the  court  in  which  such
conviction or convictions were entered.
  S 36. Subdivision 2 of section 62 of the civil rights law, as  amended
by  section 55 of subpart B of part C of chapter 62 of the laws of 2011,
is amended to read as follows:

S. 3515--A                         20

  2. If the petition be  to  change  the  name  of  a  person  currently
confined  as  an  inmate in any correctional facility or currently under
the supervision of the department of corrections  and  community  super-
vision  or a county probation department as a result of a conviction for
a violent felony offense as defined in section 70.02 of the penal law or
a  felony  defined in article one hundred twenty-five of such law or any
of the  following  provisions  of  such  law  sections  130.25,  130.30,
[130.40,  130.45,]  255.25,  255.26,  255.27, article two hundred sixty-
three, 135.10, 135.25, 230.05, 230.06, subdivision two of section 230.30
or 230.32, notice of the time and place when and where the petition will
be presented shall be served, in like manner as a  notice  of  a  motion
upon an attorney in an action, upon the district attorney of every coun-
ty  in  which such person has been convicted of such felony and upon the
court or courts in which the  sentence  for  such  felony  was  entered.
Unless  a  shorter  period  of time is ordered by the court, said notice
shall be served upon each such district attorney and court or courts not
less than sixty days prior to the date on which such petition is noticed
to be heard.
  S 37. The closing paragraph of section 64 of the civil rights law,  as
separately  amended by chapters 258, 320 and 481 of the laws of 2006, is
amended to read as follows:
  Upon compliance with the order and the filing of the affidavit of  the
publication,  as  provided  in  this  section, the clerk of the court in
which the order has been entered shall certify that the order  has  been
complied  with;  and,  if the petition states that the petitioner stands
convicted of a violent felony offense as defined in section 70.02 of the
penal law or a felony defined in article one hundred twenty-five of such
law or any of the following provisions  of  such  law  sections  130.25,
130.30,  [130.40,  130.45,]  255.25, 255.26, 255.27, article two hundred
sixty-three, 135.10, 135.25, 230.05, 230.06, subdivision two of  section
230.30  or  230.32, such clerk (1) shall deliver, by first class mail, a
copy of such  certified  order  to  the  division  of  criminal  justice
services at its office in the county of Albany and (2) upon the clerk of
the  court  reviewing  the  petitioner's application for name change and
subsequent in-court inquiry, may, in the clerk's discretion, deliver, by
first class mail, the petitioner's new name with such certified order to
the court of competent jurisdiction which imposed the orders of support.
Such certification shall appear on the original order and on any  certi-
fied  copy  thereof  and  shall be entered in the clerk's minutes of the
proceeding.
  S 38. Section 213-c of the civil practice law and rules, as  added  by
chapter 3 of the laws of 2006, is amended to read as follows:
  S  213-c.  Action  by  victim  of  conduct constituting certain sexual
offenses. Notwithstanding any other limitation set forth in  this  arti-
cle,  a  civil  claim  or cause of action to recover from a defendant as
hereinafter defined, for physical,  psychological  or  other  injury  or
condition  suffered by a person as a result of acts by such defendant of
rape in the first degree as defined in section 130.35 of the penal  law,
[or criminal sexual act in the first degree as defined in section 130.50
of  the  penal  law,  or  aggravated sexual abuse in the first degree as
defined in section 130.70 of the penal law,] or course of sexual conduct
against a child in the first degree as defined in section 130.75 of  the
penal law may be brought within five years. As used in this section, the
term "defendant" shall mean only a person who commits the acts described
in  this section or who, in a criminal proceeding, could be charged with
criminal liability for the commission of such acts pursuant  to  section

S. 3515--A                         21

20.00 of the penal law and shall not apply to any related civil claim or
cause of action arising from such acts. Nothing in this section shall be
construed  to  require  that  a criminal charge be brought or a criminal
conviction  be  obtained  as  a  condition  of bringing a civil cause of
action or receiving a civil judgment pursuant  to  this  section  or  be
construed to require that any of the rules governing a criminal proceed-
ing be applicable to any such civil action.
  S 39. Paragraph (b) of subdivision 8 of section 215 of the civil prac-
tice  law  and  rules,  as  added  by  chapter 3 of the laws of 2006, is
amended to read as follows:
  (b) Whenever it is shown that  a  criminal  action  against  the  same
defendant  has  been  commenced  with respect to the event or occurrence
from which a claim governed by this section arises,  and  such  criminal
action  is  for rape in the first degree as defined in section 130.35 of
the penal law, [or criminal sexual act in the first degree as defined in
section 130.50 of the penal law, or aggravated sexual abuse in the first
degree as defined in section 130.70 of the  penal  law,]  or  course  of
sexual conduct against a child in the first degree as defined in section
130.75  of  the  penal law, the plaintiff shall have at least five years
from the termination of the criminal action as defined in  section  1.20
of  the  criminal  procedure  law in which to commence the civil action,
notwithstanding that the time in  which  to  commence  such  action  has
already expired or has less than a year remaining.
  S  40.  Subdivision  11  of section 123 of the agriculture and markets
law, as amended by chapter 392 of the laws of 2004, and such section  as
renumbered by section 18 of part T of chapter 59 of the laws of 2010, is
amended to read as follows:
  11.  The owner shall not be liable pursuant to subdivision six, seven,
eight, nine or ten of this section if the dog was coming to the  aid  or
defense  of  a person during the commission or attempted commission of a
murder, robbery, burglary, arson, rape in the first degree as defined in
PARAGRAPH (A) OR (B) OF subdivision one [or two] of  section  130.35  of
the  penal  law[,  criminal sexual act in the first degree as defined in
subdivision one or two of section 130.50 of the penal law] or kidnapping
within the dwelling or upon the real property of the owner  of  the  dog
and the dog injured or killed the person committing such criminal activ-
ity.
  S  41.  This act shall take effect on the ninetieth day after it shall
have become a law and shall apply to any offense committed on  or  after
such  effective  date.  As  it pertains to the repealed sections of law,
nothing in this act shall affect a requirement to register  pursuant  to
article  6-C  of the correction law; a lawfully required disclosure of a
conviction; any restriction or prohibition for certain types of  employ-
ment,  housing,  or  government  benefit;  or  any  other ongoing matter
related to a conviction of the sections repealed in this act.

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