senate Bill S7240

2013-2014 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

do you support this bill?

Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 07, 2014 referred to codes

S7240 - Bill Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Rpld §§130.40, 130.45 & 130.50, amd Pen L, generally; amd CP L, generally; amd §168-a, Cor L; amd §384-b, Soc Serv L; amd §509-cc, V & T L; amd §§117, 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; amd §4, Judy L

S7240 - Bill Texts

view summary

Relates to the offenses of rape in the first, second and third degrees; removes the penetration requirement from the rape statutes; redefines rape to include oral and anal sexual conduct within the definition of rape and makes conforming changes throughout various areas of law.

view sponsor memo
BILL NUMBER:S7240

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

PURPOSE OR GENERAL IDEA OF BILL: To amend the penal law to remove the
penetration requirement from the rape statutes as well as to define
rape as sexual intercourse, oral sexual conduct, or anal sexual
conduct.

SUMMARY OF SPECIFIC PROVISIONS: This bill removes the penetration
requirement from the rape statutes, redefines rape to include oral and
anal sexual conduct within the definition of rape and makes conforming
changes throughout various areas of law.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER: This bill removes
the penetration requirement from the rape statutes and redefines rape
to include oral and anal sexual conduct within the definition of rape.

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

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

This bill will redefine rape to include oral and anal sexual conduct,
which are now referred to as "criminal sexual act," so that these
other forms of sexual assault are recognized by the law as rape.

PRIOR LEGISLATIVE HISTORY: None

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 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 full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7240

                            I N  S E N A T E

                               May 7, 2014
                               ___________

Introduced  by Sen. GIANARIS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

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

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Sections  130.40,  130.45 and 130.50 of the penal law are
REPEALED.
  S 2. Subdivision 1 of section 130.00 of the penal law  is  amended  to
read as follows:
  1.  "Sexual intercourse" [has its ordinary meaning and occurs upon any
penetration, however slight] MEANS CONDUCT BETWEEN PERSONS CONSISTING OF
CONTACT BETWEEN THE PENIS AND THE VAGINA OR VULVA.
  S 3. 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 degree.
  A person is guilty of rape in the third degree when:
  1.  He or she engages in sexual intercourse with another person who is
incapable of consent by reason of some factor other than being less than
seventeen years old;
  2. HE OR SHE ENGAGES IN 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;
  3.  Being  twenty-one  years  old or more, he or she engages in sexual
intercourse with another person less than seventeen years old; [or
  3.] 4.  BEING TWENTY-ONE YEARS OLD OR MORE, HE OR SHE ENGAGES IN  ORAL
SEXUAL  CONDUCT  OR  ANAL  SEXUAL  CONDUCT WITH ANOTHER PERSON LESS THAN
SEVENTEEN YEARS OLD;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02734-11-4

S. 7240                             2

  5. He or she engages in sexual intercourse with another person without
such person's consent where such lack of consent is by  reason  of  some
factor other than incapacity to consent[.]; OR
  6.  HE  OR  SHE  ENGAGES IN 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 INCAPACITY TO CONSENT.
  Rape in the third degree is a class E felony.
  S  4.  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 degree.
  A person is guilty of rape in the second degree when:
  1. being eighteen years old or more,  he  or  she  engages  in  sexual
intercourse with another person less than fifteen years old; [or]
  2.  BEING EIGHTEEN YEARS OLD OR MORE, HE OR SHE ENGAGES IN ORAL SEXUAL
CONDUCT OR ANAL SEXUAL CONDUCT WITH ANOTHER  PERSON  LESS  THAN  FIFTEEN
YEARS OLD;
  3.  he or she engages in sexual intercourse with another person who is
incapable of consent by reason of being mentally  disabled  or  mentally
incapacitated[.] ; OR
  4.  HE  OR  SHE  ENGAGES IN ORAL SEXUAL CONDUCT OR ANAL SEXUAL CONDUCT
WITH ANOTHER PERSON WHO IS INCAPABLE  OF  CONSENT  BY  REASON  OF  BEING
MENTALLY DISABLED OR MENTALLY INCAPACITATED.
  It  shall be an affirmative defense to the crime of rape in the second
degree as defined in [subdivision] SUBDIVISIONS  one  AND  TWO  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 degree is a class D felony.
  S 5. 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 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[.]; OR
  2. HE OR SHE ENGAGES IN ORAL SEXUAL CONDUCT  OR  ANAL  SEXUAL  CONDUCT
WITH ANOTHER PERSON:
  (A) BY FORCIBLE COMPULSION; OR
  (B)  WHO  IS  INCAPABLE OF CONSENT BY REASON OF BEING PHYSICALLY HELP-
LESS; OR
  (C) WHO IS LESS THAN ELEVEN YEARS OLD; OR
  (D) WHO IS LESS THAN THIRTEEN YEARS OLD  AND  THE  ACTOR  IS  EIGHTEEN
YEARS OLD OR MORE.
  Rape in the first degree is a class B felony.
  S  6. 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);

S. 7240                             3

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 PARAGRAPHS (A) AND
(B)  OF  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  such conduct as a sexually motivated felony, where authorized pursu-
ant to section 130.91 of [the penal law] THIS CHAPTER.
  S 7. 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  PARAGRAPHS  (A)  AND  (B) OF 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] THIS CHAPTER.
  S 8. Paragraph (b) of subdivision 2 of section 35.15 of the penal law,
as  amended  by  chapter  511 of the laws of 2004, is amended to read as
follows:
  (b) He or she reasonably believes that such other person is committing
or attempting to commit a kidnapping, forcible rape, [forcible  criminal
sexual act] FORCIBLE AGGRAVATED SEXUAL ABUSE, or robbery; or
  S  9.  The opening paragraph of subdivision 3 of section 125.25 of the
penal law, as amended by chapter 264 of the laws of 2003, is amended  to
read as follows:
  Acting  either  alone or with one or more other persons, he commits or
attempts to commit robbery, burglary, kidnapping,  arson,  rape  in  the
first degree, [criminal sexual act in the first degree,] sexual abuse in

S. 7240                             4

the  first  degree, aggravated sexual abuse, escape in the first degree,
or escape in the second degree, and, in the course of and in furtherance
of such crime or of immediate flight therefrom, he, or  another  partic-
ipant,  if  there be any, causes the death of a person other than one of
the participants; except that in any prosecution under this subdivision,
in which the defendant was not the only participant  in  the  underlying
crime, it is an affirmative defense that the defendant:
  S  10. Paragraphs (a) and (c) of subdivision 1 of section 70.02 of the
penal law, paragraph (a) as amended by chapter 320 of the laws  of  2006
and  paragraph  (c)  as  amended  by  chapter 1 of the laws of 2013, 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
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.
  (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 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
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

S. 7240                             5

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.
  S 11. 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  12. 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 degree as defined
in [subdivision three] SUBDIVISIONS FIVE AND SIX 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 circum-
stances.
  (h) a client or patient and the actor is a  health  care  provider  or
mental  health  care  provider  charged with rape in the third 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 examination; or
  S 13. The opening paragraph of subdivision 3 of section 125.25 of  the
penal  law, as amended by chapter 264 of the laws of 2003, is amended to
read as follows:
  Acting either alone or with one or more other persons, he  commits  or
attempts  to  commit  robbery,  burglary, kidnapping, arson, rape in the
first degree, [criminal sexual act in the first degree], sexual abuse in
the first degree, aggravated sexual abuse, escape in the  first  degree,
or escape in the second degree, and, in the course of and in furtherance
of  such  crime or of immediate flight therefrom, he, or another partic-
ipant, if there be any, causes the death of a person other than  one  of
the participants; except that in any prosecution under this subdivision,
in  which  the  defendant was not the only participant in the underlying
crime, it is an affirmative defense that the defendant:
  S 14. Subdivision 5 of section 125.25 of the penal law, as amended  by
chapter 320 of the laws of 2006, is amended to read as follows:
  5. Being eighteen years old or more, while in the course of committing
rape  in  the first, second or third degree, [criminal sexual act in the
first, second or third degree,] sexual abuse in the first degree, aggra-
vated sexual abuse in the first, second,  third  or  fourth  degree,  or
incest  in the first, second or third degree, against a person less than

S. 7240                             6

fourteen years old, he or she intentionally causes  the  death  of  such
person.
  S  15. Subparagraph (vii) of paragraph (a) of subdivision 1 of section
125.27 of the penal law, as amended by chapter 264 of the laws of  2003,
is amended to read as follows:
  (vii)  the  victim was killed while the defendant was in the course of
committing or attempting  to  commit  and  in  furtherance  of  robbery,
burglary  in  the first degree or second degree, kidnapping in the first
degree, arson in the first degree or second degree, rape  in  the  first
degree,  [criminal  sexual act in the first degree,] sexual abuse in the
first degree, aggravated sexual abuse in the first degree or  escape  in
the  first  degree,  or  in  the  course of and furtherance of immediate
flight after committing or attempting to commit any such crime or in the
course of and furtherance of immediate flight after attempting to commit
the crime of murder in the second degree; provided however,  the  victim
is  not  a participant in one of the aforementioned crimes and, provided
further that, unless  the  defendant's  criminal  liability  under  this
subparagraph is based upon the defendant having commanded another person
to  cause the death of the victim or intended victim pursuant to section
20.00 of this chapter, this  subparagraph  shall  not  apply  where  the
defendant's  criminal  liability  is  based  upon the conduct of another
pursuant to section 20.00 of this chapter; or
  S 16. Intentionally omitted.
  S 17. Intentionally omitted.
  S 18. 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 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 19. The opening paragraph and subdivision 2 of section 130.95 of the
penal law, as added by chapter 107 of the laws of 2006, are  amended  to
read as follows:
  A  person is guilty of predatory sexual assault when he or she commits
the crime of rape in the first degree, [criminal sexual act in the first
degree,] aggravated sexual abuse in the first degree, or course of sexu-
al conduct against a child in the first degree, as defined in this arti-
cle, and when:
  2. He or she has engaged in conduct constituting the crime of rape  in
the  first degree, [criminal sexual act in the first degree,] aggravated
sexual abuse in the first degree, or course of sexual conduct against  a
child  in  the  first degree, as defined in this article, against one or
more additional persons; or
  S 20. The opening paragraph of section 130.96 of  the  penal  law,  as
added by chapter 107 of the laws of 2006, is amended to read as follows:
  A  person  is guilty of predatory sexual assault against a child when,
being eighteen years old or more, he or she commits the crime of rape in
the first degree, [criminal sexual act in the first degree,]  aggravated
sexual  abuse in the first degree, or course of sexual conduct against a

S. 7240                             7

child in the first degree, as defined in this article, and the victim is
less than thirteen years old.
  S  21.  Subdivision  2 of section 240.75 of the penal law, as added by
section 2 of part D of chapter 491 of the laws of 2012,  is  amended  to
read as follows:
  2.  A  "specified  offense"  is  an  offense defined in 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 120.13
(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 endangerment in the second degree); section  120.25  (reckless
endangerment  in  the  first  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); section 121.11  (criminal  obstruction  of  breathing  or
blood circulation); 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 130.20 (sexual miscon-
duct); SECTION 130.25 (RAPE IN THE THIRD DEGREE); section  130.30  (rape
in  the  second  degree);  section  130.35  (rape  in the first degree);
[section 130.40 (criminal sexual  act  in  the  third  degree);  section
130.45 (criminal sexual act in the second degree); section 130.50 (crim-
inal  sexual  act in the first degree);] section 130.52 (forcible touch-
ing); section 130.53 (persistent sexual abuse); section  130.55  (sexual
abuse  in  the third degree); section 130.60 (sexual abuse in the second
degree); section 130.65 (sexual abuse  in  the  first  degree);  section
130.66  (aggravated  sexual  abuse  in the third degree); section 130.67
(aggravated sexual abuse in the second degree); section  130.70  (aggra-
vated  sexual abuse in the first degree); section 130.91 (sexually moti-
vated felony); section 130.95 (predatory sexual assault); section 130.96
(predatory sexual assault against a  child);  section  135.05  (unlawful
imprisonment  in  the second degree); section 135.10 (unlawful imprison-
ment in the first  degree);  section  135.60  (coercion  in  the  second
degree);  section  135.65 (coercion 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  145.14 (criminal tampering in the third degree); section 215.50
(criminal contempt in  the  second  degree);  section  215.51  (criminal
contempt  in  the  first  degree);  section  215.52 (aggravated criminal
contempt); section 240.25 (harassment in the first degree);  subdivision
one,  two or four of section 240.30 (aggravated harassment in the second
degree); aggravated family offense as defined in  this  section  or  any
attempt  or conspiracy to commit any of the foregoing offenses where the
defendant and the person against whom the  offense  was  committed  were
members of the same family or household as defined in subdivision one of
section 530.11 of the criminal procedure law.
  S  22. 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 degree, as defined in section

S. 7240                             8

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 23. 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 AND PARAGRAPH (C) OR (D)
OF SUBDIVISION TWO of section 130.35 of this part[, or  criminal  sexual
act  in  the  first  degree,  as defined in subdivision 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 ances-
tor, 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  24. 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); PARAGRAPH (A) OF subdivision one  AND  PARAGRAPH  (A)  OF
SUBDIVISION  TWO of section 130.35 (rape in the first degree); [subdivi-
sion one of section 130.50 (criminal sexual act in the  first  degree);]
subdivision  one  of  section 130.65 (sexual abuse in the first degree);
paragraph (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

S. 7240                             9

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 25. 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 PARAGRAPHS (A) AND  (B)  OF  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 26. Intentionally omitted.
  S 27. 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  section  130.25, [130.40,] 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 adjoin-
ing  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  section  130.25, [130.40,] 205.10, 205.17,

S. 7240                            10

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 available 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 section 130.25, [130.40,] 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 section 130.25, [130.40,] 205.10, 205.17, 205.19 or
215.56 of the penal law, and
  S  28.  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 section 130.25, [130.40,] 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 section 130.25, [130.40,] 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 29. 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 section 130.25, [130.40,] 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 section 130.25, [130.40,] 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 proce-
dure may instead be as follows:
  S 30. 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 section 130.25, [130.40,]  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 section 130.25, [130.40,] 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 section 130.25, [130.40,] 205.10,  205.17,  205.19  or

S. 7240                            11

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  appear-
ance ticket pursuant to subdivision four of section 140.27, or (c) when-
ever  a person has been arrested for an offense other than a class A, B,
C or D felony or  a  violation  of  section  130.25,  [130.40,]  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 officer may, instead of bringing such person before a local
criminal court and promptly filing or causing the arresting peace  offi-
cer  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 section 130.25, [130.40,] 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  31.  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  OR  PARAGRAPH (A) OF SUBDIVISION TWO 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 of this  chap-
ter,  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 32. 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

S. 7240                            12

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  PARAGRAPHS  (A) AND (B) OF 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; [subdivision 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 33. 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 AND
PARAGRAPH (A) OF SUBDIVISION TWO 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 circumstances 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 prose-
cution; or (iii) possible 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 34.  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

S. 7240                            13

in  the  first degree as defined in PARAGRAPH (A) OF subdivision one AND
PARAGRAPH (A) OF SUBDIVISION TWO 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 para-
graph  (a)  of  subdivision  forty-one  of  section 1.20 of this chapter
specific factors, one or more of which reasonably supports the recommen-
dation, 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 partic-
ipation 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  adjudi-
cations  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 offender, is not likely to be repeated.
  S  35.  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
degree as defined in [subdivision three] SUBDIVISIONS FIVE  AND  SIX  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.  Notwith-
standing 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 36. 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,]  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, the prosecutor shall, within sixty days of the imposition  of
sentence,  provide  the victim with a form on which the victim may indi-
cate 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 defend-
ant, pursuant to subdivision two  of  section  sixty-two  of  the  civil
rights  law, the prosecutor 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 37. 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

S. 7240                            14

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 degree as defined in section 130.25 of the  penal
law, rape in the second degree as defined in section 130.30 of the penal
law,  rape in the first degree as defined in 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 trafficking as defined in section
135.35  of  the penal law, custodial interference 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 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

S. 7240                            15

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 counterfeiting 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,  issuing  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  mortgage  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, resi-
dential 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  contraband  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  instru-
ments  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 38. Paragraph (a) of subdivision 2 of section 720.10 of the criminal
procedure law, as amended by chapter 316 of the laws of 2006, is amended
to read as follows:
  (a) the conviction to be replaced by a youthful  offender  finding  is
for  (i)  a  class  A-I or class A-II felony, or (ii) an armed felony as
defined in subdivision forty-one of section 1.20, except as provided  in

S. 7240                            16

subdivision  three,  or (iii) rape in the first degree[, criminal sexual
act in the first degree,] or aggravated sexual abuse, except as provided
in subdivision three, or
  S  39. 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 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 kidnapping 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
  (a) (i) a conviction of or a conviction for an attempt to  commit  any
of  the provisions of sections 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)  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 40. 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 subparagraph (ii) of paragraph (b) as amended and paragraph  (e)  as
added 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 130.25, 130.30, 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, 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 130.25, 130.30,

S. 7240                            17

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 130.25, 130.30, 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 section 130.25,
130.30, 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 respon-
sible, 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
130.25,  130.30,  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 determination 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  admissi-
ble in any proceeding commenced in accordance with this section.
  S 41. Paragraphs (a) and (b) of subdivision 4 of section 509-cc of the
vehicle  and traffic law, as amended by chapter 400 of the laws of 2011,
are amended to read as follows:
  (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,  130.35,  [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  commit-
ted  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,] 130.53,  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

S. 7240                            18

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.
  S  42.  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); 130.35 (rape in the first degree); [130.50  (criminal
sexual  act  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; (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 sexually 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.

S. 7240                            19

  (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  43.  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 44. 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),  [subdi-
vision  one  of  section  125.15,  (manslaughter  in the second degree),
subdivision] SUBDIVISIONS one AND TWO of section 130.25,  (rape  in  the
third  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), subdivision 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, (crimi-
nal 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  45.  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
130.25,  130.30,  130.35, [130.40, 130.45, 130.50,] 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  guardi-
anship  and  custody  of the child, or another child pursuant to section
three hundred eighty-four-b of the social services law.

S. 7240                            20

  S 46. 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  47. 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 48. 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-

S. 7240                            21

fied  copy  thereof  and  shall be entered in the clerk's minutes of the
proceeding.
  S  49.  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
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 50. 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 51. 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 PARAGRAPH (A) OR (B) OF
SUBDIVISION 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 activity.

S. 7240                            22

  S 52. Section 4 of the judiciary law, as amended by chapter 264 of the
laws of 2003, is amended to read as follows:
  S  4.  Sittings  of  courts  to be public. The sittings of every court
within this state shall be public, and every citizen may  freely  attend
the  same,  except  that  in  all  proceedings  and  trials in cases for
divorce, seduction, abortion, rape, assault with intent to commit  rape,
[criminal  sexual  act,]  bastardy  or  filiation, the court may, in its
discretion, exclude therefrom all persons who are  not  directly  inter-
ested therein, excepting jurors, witnesses, and officers of the court.
  S  53. Subdivision 2 of section 120.60 of the penal law, as amended by
chapter 434 of the laws of 2000, is amended to read as follows:
  2. commits a class A misdemeanor defined in article one hundred thirty
of this chapter, or a class E felony defined in section 130.25, [130.40]
or 130.85 of this chapter, or a class D felony defined in section 130.30
[or 130.45] of this chapter.
  S 54. 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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.