A. 3339 2
vated 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 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, paragraph (b) as amended by chapter 148 of the laws of
2011, paragraph (c) as amended by chapter 405 of the laws of 2010, 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
A. 3339 3
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
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, 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 or eight
of section 265.02, criminal sale of a firearm in the third degree as
A. 3339 4
defined in section 265.11, intimidating a victim or witness in 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:
A. 3339 5
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
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.
A. 3339 6
CONDUCT PERFORMED FOR A VALID MEDICAL PURPOSE DOES NOT VIOLATE SUBDI-
VISIONS THREE AND FOUR OF THIS SECTION.
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. 3339 7
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
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
A. 3339 8
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:
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
A. 3339 9
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
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
A. 3339 10
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,]
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
A. 3339 11
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:
(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.
A. 3339 12
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
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
A. 3339 13
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-
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
A. 3339 14
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
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
A. 3339 15
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
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 para-
graph (e) as added and subparagraphs (i) and (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,
A. 3339 16
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 and 130.80 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 and 130.80 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.
A. 3339 17
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
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
A. 3339 18
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
(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;
A. 3339 19
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
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
A. 3339 20
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:
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
A. 3339 21
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
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 on or after such effec-
tive 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.