S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    794
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2019
                                ___________
 
 Introduced  by M. of A. SIMOTAS, COLTON, AUBRY, ENGLEBRIGHT, BRAUNSTEIN,
   DenDEKKER, JAFFEE, PERRY, COOK, WEPRIN, SANTABARBARA,  ROZIC,  HEVESI,
   QUART,  LIFTON,  OTIS,  MOSLEY, FAHY, SEAWRIGHT, TAYLOR -- Multi-Spon-
   sored by -- M. of A.   ARROYO, BUCHWALD,  FINCH,  FITZPATRICK,  GALEF,
   GLICK,  LUPARDO, MALLIOTAKIS, McDONOUGH, MONTESANO, PEOPLES-STOKES, RA
   -- read once and referred to the Committee on Codes
 
 AN ACT  to  amend  the  penal  law,  the  criminal  procedure  law,  the
   correction  law, the social services law, the vehicle and traffic law,
   the family court act, the civil rights law, the civil practice law and
   rules, the agriculture and markets law,  the  judiciary  law  and  the
   domestic  relations  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 REPEALED.
   § 2. Subdivisions 1 and 2 of section 130.00 of the penal law, subdivi-
 sion 2 as amended by chapter 264 of the laws of  2003,  are  amended  to
 read as follows:
   1.  "[Sexual  intercourse]  VAGINAL  SEXUAL CONTACT" [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.
   2. (a) "Oral sexual [conduct] CONTACT" means conduct  between  persons
 consisting of contact between the mouth and the penis, the mouth and the
 anus, or the mouth and the vulva or vagina.
   (b)  "Anal  sexual  [conduct]  CONTACT"  means conduct between persons
 consisting of contact between the penis and anus.
   § 3. Section 130.25 of the penal law, as amended by chapter 1  of  the
 laws of 2000, is amended to read as follows:
 § 130.25 Rape in the third degree.

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

                                                            LBD01481-01-9

 A. 794                              2
 
   A person is guilty of rape in the third degree when:
   1.  He  or  she engages in [sexual intercourse] VAGINAL SEXUAL CONTACT
 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 CONTACT WITH ANOTHER PERSON WHO IS
 INCAPABLE OF CONSENT BY REASON OF SOME FACTOR OTHER THAN BEING LESS THAN
 SEVENTEEN YEARS OLD;
   3. HE OR SHE ENGAGES IN ANAL SEXUAL CONTACT WITH ANOTHER PERSON WHO IS
 INCAPABLE OF CONSENT BY REASON OF SOME OTHER  FACTOR  OTHER  THAN  BEING
 LESS THAN SEVENTEEN YEARS OLD;
   4.  Being  twenty-one  years old or more, he or she engages in [sexual
 intercourse] VAGINAL SEXUAL CONTACT with another person less than seven-
 teen years old; [or
   3.] 5.  BEING TWENTY-ONE YEARS OLD OR MORE, HE OR SHE ENGAGES IN  ORAL
 SEXUAL CONTACT WITH ANOTHER PERSON LESS THAN SEVENTEEN YEARS OLD;
   6. BEING TWENTY-ONE YEARS OLD OR MORE, HE OR SHE ENGAGES IN ANAL SEXU-
 AL CONTACT WITH ANOTHER PERSON LESS THAN SEVENTEEN YEARS OLD;
   7.  He  or  she engages in [sexual intercourse] VAGINAL SEXUAL CONTACT
 with another person without such person's consent  where  such  lack  of
 consent is by reason of some factor other than incapacity to consent[.];
   8.  HE OR SHE ENGAGES IN ORAL SEXUAL CONTACT WITH ANOTHER PERSON WITH-
 OUT SUCH PERSON'S CONSENT WHERE SUCH LACK OF CONSENT  IS  BY  REASON  OF
 SOME FACTOR OTHER THAN INCAPACITY TO CONSENT; OR
   9.  HE OR SHE ENGAGES IN ANAL SEXUAL CONTACT WITH ANOTHER PERSON WITH-
 OUT SUCH PERSON'S CONSENT WHERE SUCH LACK OF CONSENT  IS  BY  REASON  OF
 SOME FACTOR OTHER THAN THE INCAPACITY TO CONSENT.
   Rape in the third degree is a class E felony.
   §  4.  Section 130.30 of the penal law, as amended by chapter 1 of the
 laws of 2000, is amended to read as follows:
 § 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]  VAGINAL  SEXUAL  CONTACT  with  another  person  less than
 fifteen years old; [or]
   2. BEING EIGHTEEN YEARS OLD OR MORE, HE OR SHE ENGAGES IN ORAL  SEXUAL
 CONTACT WITH ANOTHER PERSON LESS THAN FIFTEEN YEARS OLD;
   3.  BEING EIGHTEEN YEARS OLD OR MORE, HE OR SHE ENGAGES IN ANAL SEXUAL
 CONTACT WITH ANOTHER PERSON LESS THAN FIFTEEN YEARS OLD;
   4. he or she engages in [sexual intercourse]  VAGINAL  SEXUAL  CONTACT
 with  another  person  who  is  incapable  of consent by reason of being
 mentally disabled or mentally incapacitated[.];
   5. HE OR SHE ENGAGES IN ORAL SEXUAL CONTACT WITH ANOTHER PERSON WHO IS
 INCAPABLE OF CONSENT BY REASON OF BEING MENTALLY  DISABLED  OR  MENTALLY
 INCAPACITATED; OR
   6. HE OR SHE ENGAGES IN ANAL SEXUAL CONTACT 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, TWO AND THREE 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.
   §  5.  Section 130.35 of the penal law, as amended by chapter 1 of the
 laws of 2000, is amended to read as follows:
 § 130.35 Rape in the first degree.
   A person is guilty of rape in the first degree when:

 A. 794                              3
 
   1. he or she engages in [sexual intercourse]  VAGINAL  SEXUAL  CONTACT
 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 ENGAGES IN ORAL SEXUAL CONTACT 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; OR
   3. HE OR SHE ENGAGES IN ANAL SEXUAL CONTACT 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.
   § 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);
 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, PARAGRAPHS (A)  AND  (B)
 OF  SUBDIVISION  two, AND PARAGRAPHS (A) AND (B) OF SUBDIVISION THREE 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 pursuant to section 130.91
 of [the penal law] THIS CHAPTER.
   § 7. Subdivision 2 of section 30.00 of the penal law,  as  amended  by
 section  38 of part WWW of chapter 59 of the laws of 2017, 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

 A. 794                              4
 
 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 this chapter; 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, PARAGRAPHS (A) AND (B) OF SUBDIVISION two AND  PARAGRAPHS  (A)  AND
 (B)  OF  SUBDIVISION THREE 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 this chapter.
   § 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
   § 9. Paragraphs (a) and (c) of subdivision 1 of section 70.02  of  the
 penal  law, paragraph (a) as amended by chapter 189 of the laws 2018 and
 paragraph (c) as amended by chapter 368 of the laws of 2015, 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, sex trafficking as defined in paragraphs (a) and (b) of
 subdivision five of section  230.34,  sex  trafficking  of  a  child  as
 defined  in  section  230.34-a, 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

 A. 794                              5
 
 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, labor trafficking as defined in
 paragraphs (a) and (b) of subdivision three of section 135.35,  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 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 aggravated unpermitted use of  indoor  pyrotechnics  in  the
 first degree as defined in section 405.18.
   § 10. 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;
   §  11. 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 SEVEN, EIGHT  AND  NINE  of  section
 130.25, [or criminal sexual act in the third degree as defined in subdi-
 vision  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  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

 A. 794                              6
 
 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
   §  12. 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:
   §  13. 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
 fourteen  years  old,  he  or she intentionally causes the death of such
 person.
   § 14. 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
   §  15. 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

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 expressly advised by the health care or mental health care provider that
 such conduct was not performed for a valid medical purpose.
   § 16. 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
   §  17.  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
 child in the first degree, as defined in this article, and the victim is
 less than thirteen years old.
   §  18. Subdivision 2 of section 240.75 of the penal law, as amended by
 section 8 of part NN of chapter 55 of the laws of 2018,  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  (criminal
 sexual  act  in  the  first degree); section 130.52 (forcible touching);
 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  third

 A. 794                              8
 
 degree);  section 135.61 (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 (harass-
 ment 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.
   § 19. Section 255.26 of the penal law, as added by chapter 320 of  the
 laws of 2006, is amended to read as follows:
 § 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
 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.
   § 20. Section 255.27 of the penal law, as added by chapter 320 of  the
 laws of 2006, is amended to read as follows:
 § 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, PARAGRAPH (C) OR (D) OF
 SUBDIVISION TWO AND PARAGRAPH (C) OR (D) OF SUBDIVISION THREE 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 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.
   § 21. Subdivision 3 of section 485.05 of the penal law, as amended  by
 section  9  of  part NN of chapter 55 of the laws of 2018, 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

 A. 794                              9
 
 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, PARAGRAPH (A) OF SUBDI-
 VISION  TWO  AND  PARAGRAPH  (A)  OF SUBDIVISION THREE of section 130.35
 (rape in the first degree); subdivision 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  third
 degree);  section 135.61 (coercion in the second degree); section 135.65
 (coercion in the first degree); section 140.10 (criminal trespass in the
 third degree); section 140.15 (criminal trespass in the second  degree);
 section  140.17  (criminal trespass in the first degree); section 140.20
 (burglary in the third degree); section 140.25 (burglary in  the  second
 degree);  section  140.30 (burglary in the first degree); section 145.00
 (criminal mischief in  the  fourth  degree);  section  145.05  (criminal
 mischief  in the third degree); section 145.10 (criminal mischief in the
 second degree); section 145.12 (criminal mischief in the first  degree);
 section  150.05  (arson  in the fourth degree); section 150.10 (arson in
 the third degree); section 150.15 (arson in the second degree);  section
 150.20  (arson  in  the  first  degree); section 155.25 (petit larceny);
 section 155.30 (grand larceny in  the  fourth  degree);  section  155.35
 (grand  larceny  in  the third degree); section 155.40 (grand larceny in
 the second degree); section 155.42 (grand larceny in the first  degree);
 section 160.05 (robbery in the third degree); section 160.10 (robbery in
 the  second  degree);  section  160.15  (robbery  in  the first degree);
 section 240.25 (harassment in the first degree); subdivision one, two or
 four of section 240.30 (aggravated harassment in the second degree);  or
 any attempt or conspiracy to commit any of the foregoing offenses.
   § 22. 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, PARAGRAPHS (A) AND (B) OF SUBDIVISION two AND  PARA-
 GRAPHS  (A)  AND (B) OF SUBDIVISION THREE 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

 A. 794                             10
 
 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.
   § 23. 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,
 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
   §  24.  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:
   § 25. 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. 794                             11
 
   (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:
   § 26. 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:
 § 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
 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.
   § 27. 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

 A. 794                             12
 
 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, PARAGRAPHS (A) AND (B) OF SUBDIVISION two AND  PARA-
 GRAPHS  (A)  AND (B) OF SUBDIVISION THREE 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;  [subdi-
 vision  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.
   §  28.  Subdivision 4 of section 722.20 of the criminal procedure law,
 as added by section 1-a of part WWW of chapter 59 of the laws  of  2017,
 is amended to read as follows:
   4.  Notwithstanding  the  provisions  of subdivisions two and three of
 this section, the court shall, at the request of the district  attorney,
 order  removal  of  an  action against a juvenile offender to the family
 court pursuant to the provisions of article seven hundred twenty-five of
 this title if, upon consideration of the criteria specified in  subdivi-
 sion  two of section 722.22 of this article, 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, PARAGRAPH (A) OF  SUBDI-
 VISION  TWO  AND PARAGRAPH (A) OF SUBDIVISION THREE 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  chapter, a determination that such action be removed to the family
 court shall, in addition, be based upon a finding of one or more of  the
 following  factors: (i) mitigating circumstances that bear directly upon
 the manner in which the crime was committed; or (ii) where the defendant
 was not the sole participant in the crime, the defendant's participation
 was relatively minor although not so minor as to constitute a defense to
 the prosecution; or (iii) possible deficiencies in proof of the crime.
   § 29. Subdivision 5 of section 722.21 of the criminal  procedure  law,
 as  added  by section 1-a of part WWW of chapter 59 of the laws of 2017,
 is amended to read as follows:
   5. Notwithstanding subdivisions two and three of this section, at  the
 request  of  the  district attorney, the court shall order removal of an
 action against an adolescent offender charged with an offense listed  in

 A. 794                             13
 
 paragraph  (a)  of subdivision two of section 722.23 of this article, to
 the family court pursuant to the provisions  of  article  seven  hundred
 twenty-five  of this title and upon consideration of the criteria speci-
 fied  in subdivision two of section 722.22 of this article, it is deter-
 mined that to do so would be in the interests of justice. Where,  howev-
 er,  the felony complaint charges the adolescent 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,  PARA-
 GRAPH  (A)  OF SUBDIVISION TWO AND PARAGRAPH (A) OF SUBDIVISION THREE 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 chapter, a determination that such
 action be removed to the family court shall, in addition, be based  upon
 a  finding  of  one  or  more  of  the following factors: (i) mitigating
 circumstances that bear directly upon the manner in which the crime  was
 committed;  or  (ii) where the defendant was not the sole participant in
 the crime, the defendant's participation was relatively  minor  although
 not  so  minor  as  to constitute a defense to the prosecution; or (iii)
 possible deficiencies in proof of the crime.
   § 30. Paragraph (b) of subdivision 1 of section 722.22 of the criminal
 procedure law, as added by section 1-a of part WWW of chapter 59 of  the
 laws of 2017, 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,
 PARAGRAPH (A) OF SUBDIVISION TWO AND PARAGRAPH (A) OF SUBDIVISION  THREE
 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 chapter, to the family court  pursuant
 to  the provisions of article seven hundred twenty-five of this title 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 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.
   § 31. 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,
 PARAGRAPH (A) OF SUBDIVISION TWO AND PARAGRAPH (A) OF SUBDIVISION  THREE
 of section 130.35 of the penal law, [or criminal sexual act in the first

 A. 794                             14

 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.
   §  32.  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 SEVEN,  EIGHT  AND
 NINE  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.
   § 32-a. Subdivision 6 of section 380.50 of the criminal procedure law,
 as  separately  amended  by chapters 368 and 394 of the laws of 2015, 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, 230.11, 230.12, 230.13,  subdivi-
 sion 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,
 prepared and distributed by the commissioner of the division of criminal
 justice services, in consultation with the director  of  the  office  of
 victim  services,  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.
   § 33. Paragraph (b) of subdivision 8 of section 700.05 of the criminal
 procedure law, as amended by chapter 189 of the laws of 2018, is amended
 to read as follows:

 A. 794                             15
 
   (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 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, aggravated  labor  trafficking  as  defined  in
 section  135.37  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

 A. 794                             16
 
 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 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 instru-
 ment  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, 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 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, sex trafficking of a child  as  defined
 in section 230.34-a of the penal law, criminal possession of a weapon in
 the  third  degree  as  defined  in  subdivisions two, three and five of
 section 265.02 of the penal law, criminal possession of a weapon in  the
 second  degree  as  defined in section 265.03 of the penal law, criminal
 possession of a weapon in the first degree as defined in section  265.04
 of  the penal law, manufacture, transport, disposition and defacement of
 weapons and dangerous instruments and appliances defined as felonies  in
 subdivisions  one,  two,  and  three of section 265.10 of the penal law,
 sections 265.11, 265.12 and 265.13 of the penal law, or  prohibited  use
 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;

 A. 794                             17
 
   § 34. 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
 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
   §  35. 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, subparagraph (i) of para-
 graph (a) of subdivision 2 as amended by chapter 189 of the laws of 2018
 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, 230.34-a 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  seven-
 teen  years  of age, 230.05, 230.06, 230.11, 230.12, 230.13, subdivision
 two of section 230.30, section 230.32, 230.33, or 230.34  of  the  penal
 law,  or section 230.25 of the penal law where the person prostituted is
 in fact less than seventeen years old, 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
   §  36.  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, 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

 A. 794                             18
 
 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,
 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.
   § 37. Paragraphs (a) and (b) of subdivision 4 of section 509-cc of the
 vehicle  and traffic law, paragraph (a) as amended by chapter 189 of the
 laws of 2018 and paragraph (b) 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,  230.34-a,  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

 A. 794                             19
 
 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,]  130.53,  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.
   §  38.  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

 A. 794                             20
 
 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.
   § 39. Paragraph (ii) of subdivision 8 of section 301.2 of  the  family
 court  act,  as  amended  by section 57 of part WWW of chapter 59 of the
 laws of 2017, 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,  fifteen, or sixteen, or, commencing October first,
 two thousand nineteen, seventeen years of age; or such conduct committed
 as a sexually motivated felony, where  authorized  pursuant  to  section
 130.91 of the penal law;
   §  40.  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, TWO AND THREE 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, (crimi-
 nal possession of a weapon in the third degree), section 265.03, (crimi-
 nal 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.
   §  41.  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

 A. 794                             21
 
 (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.
   § 42. 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.
   § 43. 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.
   §  44. 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,

 A. 794                             22
 
 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.
   §  45.  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:
   § 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.
   § 46. 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.
   § 47. 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:

 A. 794                             23
 
   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 OR PARAGRAPH (A) OR (B) OF SUBDIVISION THREE 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  crimi-
 nal activity.
   § 48. Section 4 of the judiciary law, as amended by chapter 264 of the
 laws of 2003, is amended to read as follows:
   §  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.
   §  49. 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.
   § 50. Subdivision 1 of section 210.16 of the criminal  procedure  law,
 as  added  by  chapter  571  of  the laws of 2007, is amended to read as
 follows:
   1. (a) In a case where an indictment or a superior  court  information
 has  been filed with a superior court which charges the defendant with a
 felony offense enumerated in any section of article one  hundred  thirty
 of  the  penal  law where an act of "[sexual intercourse] VAGINAL SEXUAL
 CONTACT", "oral sexual [conduct]  CONTACT"  or  "anal  sexual  [conduct]
 CONTACT," as those terms are defined in section 130.00 of the penal law,
 is  required  as  an  essential  element for the commission thereof, the
 court shall, upon a request of the victim within six months of the  date
 of  the crimes charged, order that the defendant submit to human immuno-
 deficiency virus (HIV) related testing. Testing of a defendant shall  be
 ordered when the result would provide medical benefit to the victim or a
 psychological benefit to the victim. Medical benefit shall be found when
 the  following  elements  are satisfied: (i) a decision is pending about
 beginning, continuing, or discontinuing a medical intervention  for  the
 victim;  and  (ii) the result of an HIV test of the accused could affect
 that decision, and could provide relevant information beyond that  which
 would be provided by an HIV test of the victim. If testing the defendant
 would  provide  medical benefit to the victim or a psychological benefit
 to the victim, then the testing is to be conducted by a  state,  county,
 or  local  public  health officer designated by the order. Test results,
 which shall not be disclosed to the court, shall be communicated to  the
 defendant  and  the  victim  named  in  the order in accordance with the
 provisions of section twenty-seven hundred eighty-five-a of  the  public
 health law.
   (b)  For  the purposes of this section, the terms "victim" and "appli-
 cant" mean the person with whom the defendant is charged to have engaged
 in an act of "[sexual intercourse] VAGINAL SEXUAL CONTACT", "oral sexual

 A. 794                             24
 
 [conduct] CONTACT" or "anal sexual [conduct] CONTACT",  as  those  terms
 are  defined in section 130.00 of the penal law, where such conduct with
 such victim was the basis for charging the  defendant  with  an  offense
 specified in paragraph (a) of this subdivision.
   §  51.  Subdivision 1 of section 390.15 of the criminal procedure law,
 as amended by chapter 264 of the laws of 2003, is  amended  to  read  as
 follows:
   1.  (a)  In  any  case  where  the  defendant is convicted of a felony
 offense enumerated in any section of article one hundred thirty  of  the
 penal  law,  or  any subdivision of section 130.20 of such law, where an
 act of "[sexual  intercourse]  VAGINAL  SEXUAL  CONTACT",  "oral  sexual
 [conduct]  CONTACT"  or  "anal sexual [conduct] CONTACT," as those terms
 are defined in section 130.00 of the penal law, is required as an essen-
 tial element for the commission thereof, the court must, upon a  request
 of the victim, order that the defendant submit to human immunodeficiency
 (HIV)  related testing. The testing is to be conducted by a state, coun-
 ty, or local  public  health  officer  designated  by  the  order.  Test
 results,  which  shall  not be disclosed to the court, shall be communi-
 cated to the defendant and the victim named in the order  in  accordance
 with the provisions of section twenty-seven hundred eighty-five-a of the
 public health law, but such results and disclosure need not be completed
 prior to the imposition of sentence.
   (b)   For  the  purposes  of  this  section,  the  terms  "defendant",
 "conviction" and "sentence" mean and include, respectively, an "eligible
 youth," a "youthful offender finding" and a "youthful offender sentence"
 as those terms are defined in section 720.10 of this chapter.  The  term
 "victim"  means  the person with whom the defendant engaged in an act of
 "[sexual intercourse] VAGINAL SEXUAL CONTACT",  "oral  sexual  [conduct]
 CONTACT"  or "anal sexual [conduct] CONTACT", as those terms are defined
 in section 130.00 of the penal law, where such conduct with such  victim
 was  the basis for the defendant's conviction of an offense specified in
 paragraph (a) of this subdivision.
   § 52. Subdivision 1 of section 347.1  of  the  family  court  act,  as
 amended  by  chapter  264  of  the  laws  of 2003, is amended to read as
 follows:
   1. (a) In any proceeding where the respondent  is  found  pursuant  to
 section  345.1  or  346.1  of  this  article, to have committed a felony
 offense enumerated in any section of article one hundred thirty  of  the
 penal  law,  or any subdivision of section 130.20 of such law, for which
 an act of "[sexual intercourse] VAGINAL SEXUAL  CONTACT",  "oral  sexual
 [conduct]  CONTACT"  or  "anal sexual [conduct] CONTACT", as those terms
 are defined in section 130.00 of the penal law, is required as an essen-
 tial element for the commission thereof, the court must, upon a  request
 of the victim, order that the respondent submit to human immunodeficien-
 cy  (HIV)  related  testing.  The testing is to be conducted by a state,
 county, or local public health officer designated  by  the  order.  Test
 results,  which  shall  not be disclosed to the court, shall be communi-
 cated to the respondent and the victim named in the order in  accordance
 with the provisions of section twenty-seven hundred eighty-five-a of the
 public health law.
   (b)  For  the  purposes  of  this section, the term "victim" means the
 person with whom the respondent engaged in an  act  of  "[sexual  inter-
 course]  VAGINAL  SEXUAL  CONTACT",  "oral  sexual [conduct] CONTACT" or
 "anal sexual [conduct] CONTACT", as those terms are defined  in  section
 130.00  of  the  penal  law, where such conduct with such victim was the
 basis for the court's finding that the respondent committed acts consti-

 A. 794                             25
 
 tuting one or more of the offenses specified in paragraph  (a)  of  this
 subdivision.
   §  53.  Subdivision (a) of section 130.16 of the penal law, as amended
 by chapter 264 of the laws of 2003, is amended to read as follows:
   (a) Establish that an attempt was made to engage the victim in [sexual
 intercourse] VAGINAL SEXUAL CONTACT, oral sexual [conduct] CONTACT, anal
 sexual [conduct] CONTACT, or sexual contact, as the case may be, at  the
 time of the occurrence; and
   §  54. Subdivisions 1 and 2 of section 130.20 of the penal law, subdi-
 vision 1 as amended by chapter 1 of the laws of 2000, subdivision  2  as
 amended  by  chapter  264  of  the  laws of 2003, are amended to read as
 follows:
   1. He or she engages in [sexual intercourse]  VAGINAL  SEXUAL  CONTACT
 with another person without such person's consent; or
   2.  He  or she engages in oral sexual [conduct] CONTACT or anal sexual
 [conduct] CONTACT with another person without such person's consent; or
   § 55. Paragraphs (a) and (b) of subdivision 1 of section 130.75 of the
 penal law, as amended by chapter 264 of the laws of 2003, are amended to
 read as follows:
   (a) he or she engages in two or more acts  of  sexual  conduct,  which
 includes  at  least  one  act  of  [sexual  intercourse]  VAGINAL SEXUAL
 CONTACT, oral sexual [conduct] CONTACT, anal sexual [conduct] CONTACT or
 aggravated sexual contact, with a child less than eleven years old; or
   (b) he or she, being eighteen years old or more,  engages  in  two  or
 more  acts  of sexual conduct, which include at least one act of [sexual
 intercourse] VAGINAL SEXUAL CONTACT, oral sexual [conduct] CONTACT, anal
 sexual [conduct] CONTACT or aggravated sexual contact, with a child less
 than thirteen years old.
   § 56. Subdivision 1 of section 235.00 of the penal law, as amended  by
 chapter 264 of the laws of 2003, is amended to read as follows:
   1.  "Obscene."  Any  material  or  performance is "obscene" if (a) the
 average person, applying contemporary community  standards,  would  find
 that  considered  as  a whole, its predominant appeal is to the prurient
 interest in sex, and (b) it depicts or describes in a patently offensive
 manner,  actual  or  simulated:  [sexual  intercourse]  VAGINAL   SEXUAL
 CONTACT, [criminal sexual act] ORAL SEXUAL CONTACT, ANAL SEXUAL CONTACT,
 sexual  bestiality,  masturbation,  sadism, masochism, excretion or lewd
 exhibition of the genitals, and (c) considered  as  a  whole,  it  lacks
 serious literary, artistic, political, and scientific value. Predominant
 appeal  shall  be  judged  with  reference  to ordinary adults unless it
 appears from the character of the material or the circumstances  of  its
 dissemination to be designed for children or other [specially] ESPECIAL-
 LY susceptible audience.
   §  57. Subdivision 2 of section 235.22 of the penal law, as amended by
 chapter 264 of the laws of 2003, is amended to read as follows:
   2. by means of such communication he importunes, invites or induces  a
 minor  to  engage  in  [sexual intercourse] VAGINAL SEXUAL CONTACT, oral
 sexual [conduct] CONTACT or anal sexual  [conduct]  CONTACT,  or  sexual
 contact  with  him, or to engage in a sexual performance, obscene sexual
 performance, or sexual conduct for his benefit.
   § 58. Section 255.25 of the penal law, as amended by  chapter  320  of
 the laws of 2006, is amended to read as follows:
 § 255.25 Incest in the third degree.
   A  person  is  guilty  of  incest  in  the third degree when he or she
 marries or engages in [sexual intercourse] VAGINAL SEXUAL CONTACT,  oral
 sexual  [conduct] CONTACT or anal sexual [conduct] CONTACT with a person

 A. 794                             26
 
 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 third degree is a class E felony.
   §  59. Subdivision 3 of section 263.00 of the penal law, as amended by
 chapter 264 of the laws of 2003, is amended to read as follows:
   3. "Sexual conduct" means actual  or  simulated  [sexual  intercourse]
 VAGINAL  SEXUAL  CONTACT,  oral  sexual  [conduct]  CONTACT, anal sexual
 [conduct]CONTACT,  sexual  bestiality,  masturbation,   sado-masochistic
 abuse, or lewd exhibition of the genitals.
   § 60. Subdivision 3 of section 60.42 of the criminal procedure law, as
 amended  by  chapter  264  of  the  laws  of 2003, is amended to read as
 follows:
   3. rebuts evidence introduced by the people of the victim's failure to
 engage in [sexual  intercourse]  VAGINAL  SEXUAL  CONTACT,  oral  sexual
 [conduct]  CONTACT,  anal  sexual  [conduct]  CONTACT  or sexual contact
 during a given period of time; or
   § 61. Subdivision 3 of section 344.4  of  the  family  court  act,  as
 amended  by  chapter  264  of  the  laws  of 2003, is amended to read as
 follows:
   3. rebuts  evidence  introduced  by  the  presentment  agency  of  the
 victim's  failure  to  engage  in  [sexual  intercourse]  VAGINAL SEXUAL
 CONTACT, oral sexual [conduct] CONTACT, anal sexual [conduct] CONTACT or
 sexual contact during a given period of time; or
   § 62. Subdivision 4 of section 170 of the domestic relations  law,  as
 amended  by  chapter  264  of  the  laws  of 2003, is amended to read as
 follows:
   (4) The commission of an act of adultery, provided that  adultery  for
 the  purposes  of articles ten, eleven, and eleven-A of this chapter, is
 hereby defined as the commission of an act of [sexual intercourse] VAGI-
 NAL SEXUAL  CONTACT,  oral  sexual  [conduct]  CONTACT  or  anal  sexual
 [conduct] CONTACT, voluntarily performed by the defendant, with a person
 other  than the plaintiff after the marriage of plaintiff and defendant.
 Oral sexual [conduct] CONTACT and anal sexual [conduct] CONTACT include,
 but are not limited to, sexual conduct as defined in subdivision two  of
 section 130.00 and subdivision three of section 130.20 of the penal law.
   §  63.  Subdivision 4 of section 200 of the domestic relations law, as
 amended by chapter 264 of the laws  of  2003,  is  amended  to  read  as
 follows:
   4. The commission of an act of adultery by the defendant; except where
 such  offense  is committed by the procurement or with the connivance of
 the plaintiff or where there is voluntary cohabitation  of  the  parties
 with  the  knowledge  of  the  offense or where action was not commenced
 within five years after the discovery by the plaintiff  of  the  offense
 charged  or  where  the plaintiff has also been guilty of adultery under
 such circumstances that the defendant would have been entitled, if inno-
 cent, to a divorce, provided that adultery  for  the  purposes  of  this
 subdivision  is  hereby  defined  as the commission of an act of [sexual
 intercourse] VAGINAL SEXUAL CONTACT, oral sexual  [conduct]  CONTACT  or
 anal  sexual  [conduct] CONTACT, voluntarily performed by the defendant,
 with a person other than the plaintiff after the marriage  of  plaintiff
 and  defendant.  Oral sexual [conduct] CONTACT and anal sexual [conduct]
 CONTACT include, but are not limited to, sexual conduct  as  defined  in
 subdivision  two  of  section  130.00  and  subdivision three of section
 130.20 of the penal law.

 A. 794                             27
 
   § 64. This act shall take effect January 1, 2021 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.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  794--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2019
                                ___________
 
 Introduced  by M. of A. SIMOTAS, COLTON, AUBRY, ENGLEBRIGHT, BRAUNSTEIN,
   DenDEKKER, JAFFEE, PERRY, COOK, WEPRIN, SANTABARBARA,  ROZIC,  HEVESI,
   QUART,  LIFTON,  OTIS,  MOSLEY,  FAHY, SEAWRIGHT, TAYLOR, ZEBROWSKI --
   Multi-Sponsored by -- M. of A. ARROYO, BUCHWALD,  FINCH,  FITZPATRICK,
   GALEF,    GLICK,    LUPARDO,    MALLIOTAKIS,   McDONOUGH,   MONTESANO,
   PEOPLES-STOKES, RA -- read once and referred to the Committee on Codes
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and recommitted to said committee
 
 AN  ACT  to  amend  the  penal  law,  the  criminal  procedure  law, the
   correction law, the social services law, the vehicle and traffic  law,
   the family court act, the civil rights law, the civil practice law and
   rules,  the  agriculture  and  markets  law, the judiciary law and the
   domestic relations 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.
   § 2. Subdivisions 1 and 2 of section 130.00 of the penal law, subdivi-
 sion  2  as  amended  by chapter 264 of the laws of 2003, are amended to
 read as follows:
   1. "[Sexual intercourse] VAGINAL SEXUAL  CONTACT"  [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.
   2.  (a)  "Oral sexual [conduct] CONTACT" means conduct between persons
 consisting of contact between the mouth and the penis, the mouth and the
 anus, or the mouth and the vulva or vagina.
   (b) "Anal sexual [conduct]  CONTACT"  means  conduct  between  persons
 consisting of contact between the penis and anus.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01481-03-9
              

 A. 794--A                           2
 
   §  3.  Section 130.25 of the penal law, as amended by chapter 1 of the
 laws of 2000, is amended to read as follows:
 § 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] VAGINAL SEXUAL CONTACT
 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 CONTACT WITH ANOTHER PERSON WHO IS
 INCAPABLE OF CONSENT BY REASON OF SOME FACTOR OTHER THAN BEING LESS THAN
 SEVENTEEN YEARS OLD;
   3. HE OR SHE ENGAGES IN ANAL SEXUAL CONTACT WITH ANOTHER PERSON WHO IS
 INCAPABLE OF CONSENT BY REASON OF SOME OTHER  FACTOR  OTHER  THAN  BEING
 LESS THAN SEVENTEEN YEARS OLD;
   4.  Being  twenty-one  years old or more, he or she engages in [sexual
 intercourse] VAGINAL SEXUAL CONTACT with another person less than seven-
 teen years old; [or
   3.] 5.  BEING TWENTY-ONE YEARS OLD OR MORE, HE OR SHE ENGAGES IN  ORAL
 SEXUAL CONTACT WITH ANOTHER PERSON LESS THAN SEVENTEEN YEARS OLD;
   6. BEING TWENTY-ONE YEARS OLD OR MORE, HE OR SHE ENGAGES IN ANAL SEXU-
 AL CONTACT WITH ANOTHER PERSON LESS THAN SEVENTEEN YEARS OLD;
   7.  He  or  she engages in [sexual intercourse] VAGINAL SEXUAL CONTACT
 with another person without such person's consent  where  such  lack  of
 consent is by reason of some factor other than incapacity to consent[.];
   8.  HE OR SHE ENGAGES IN ORAL SEXUAL CONTACT WITH ANOTHER PERSON WITH-
 OUT SUCH PERSON'S CONSENT WHERE SUCH LACK OF CONSENT  IS  BY  REASON  OF
 SOME FACTOR OTHER THAN INCAPACITY TO CONSENT; OR
   9.  HE OR SHE ENGAGES IN ANAL SEXUAL CONTACT WITH ANOTHER PERSON WITH-
 OUT SUCH PERSON'S CONSENT WHERE SUCH LACK OF CONSENT  IS  BY  REASON  OF
 SOME FACTOR OTHER THAN THE INCAPACITY TO CONSENT.
   Rape in the third degree is a class E felony.
   §  4.  Section 130.30 of the penal law, as amended by chapter 1 of the
 laws of 2000, is amended to read as follows:
 § 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]  VAGINAL  SEXUAL  CONTACT  with  another  person  less than
 fifteen years old; [or]
   2. BEING EIGHTEEN YEARS OLD OR MORE, HE OR SHE ENGAGES IN ORAL  SEXUAL
 CONTACT WITH ANOTHER PERSON LESS THAN FIFTEEN YEARS OLD;
   3.  BEING EIGHTEEN YEARS OLD OR MORE, HE OR SHE ENGAGES IN ANAL SEXUAL
 CONTACT WITH ANOTHER PERSON LESS THAN FIFTEEN YEARS OLD;
   4. he or she engages in [sexual intercourse]  VAGINAL  SEXUAL  CONTACT
 with  another  person  who  is  incapable  of consent by reason of being
 mentally disabled or mentally incapacitated[.];
   5. HE OR SHE ENGAGES IN ORAL SEXUAL CONTACT WITH ANOTHER PERSON WHO IS
 INCAPABLE OF CONSENT BY REASON OF BEING MENTALLY  DISABLED  OR  MENTALLY
 INCAPACITATED; OR
   6. HE OR SHE ENGAGES IN ANAL SEXUAL CONTACT 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, TWO AND THREE 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.

 A. 794--A                           3
 
   §  5.  Section 130.35 of the penal law, as amended by chapter 1 of the
 laws of 2000, is amended to read as follows:
 § 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] VAGINAL SEXUAL CONTACT
 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 ENGAGES IN ORAL SEXUAL CONTACT 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; OR
   3. HE OR SHE ENGAGES IN ANAL SEXUAL CONTACT 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.
   §  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);
 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, PARAGRAPHS (A) AND (B)
 OF SUBDIVISION two, AND PARAGRAPHS (A) AND (B) OF SUBDIVISION  THREE  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 pursuant to section 130.91
 of [the penal law] THIS CHAPTER.
   §  7.  Subdivision  2 of section 30.00 of the penal law, as amended by
 section 38 of part WWW of chapter 59 of the laws of 2017, is amended  to
 read as follows:

 A. 794--A                           4
 
   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 this chapter; 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,  PARAGRAPHS  (A)  AND (B) OF SUBDIVISION two AND PARAGRAPHS (A) AND
 (B) OF SUBDIVISION THREE 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 this chapter.
   § 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
   §  9.  Paragraphs (a) and (c) of subdivision 1 of section 70.02 of the
 penal law, paragraph (a) as amended by chapter 189 of the laws 2018  and
 paragraph (c) as amended by chapter 368 of the laws of 2015, 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, sex trafficking as defined in paragraphs (a) and (b)  of
 subdivision  five  of  section  230.34,  sex  trafficking  of a child as
 defined in section 230.34-a, 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

 A. 794--A                           5
 
 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, labor trafficking as defined  in
 paragraphs  (a) and (b) of subdivision three of section 135.35, 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 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  aggravated  unpermitted  use of indoor pyrotechnics in the
 first degree as defined in section 405.18.
   § 10. 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;
   § 11. 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  SEVEN, EIGHT AND NINE of section
 130.25, [or criminal sexual act in the third degree as defined in subdi-
 vision 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.

 A. 794--A                           6

   (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
   § 12. 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:
   § 13. 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
 fourteen years old, he or she intentionally causes  the  death  of  such
 person.
   §  14. 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
   § 15. 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

 A. 794--A                           7
 
 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.
   § 16. 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
   §  17.  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
 child in the first degree, as defined in this article, and the victim is
 less than thirteen years old.
   §  18. Subdivision 2 of section 240.75 of the penal law, as amended by
 section 8 of part NN of chapter 55 of the laws of 2018,  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  (criminal
 sexual  act  in  the  first degree); section 130.52 (forcible touching);
 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

 A. 794--A                           8
 
 (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  third
 degree);  section 135.61 (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  (harass-
 ment  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.
   §  19. Section 255.26 of the penal law, as added by chapter 320 of the
 laws of 2006, is amended to read as follows:
 § 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
 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.
   §  20. Section 255.27 of the penal law, as added by chapter 320 of the
 laws of 2006, is amended to read as follows:
 § 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, PARAGRAPH (C) OR  (D)  OF
 SUBDIVISION TWO AND PARAGRAPH (C) OR (D) OF SUBDIVISION THREE 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 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.
   §  21. Subdivision 3 of section 485.05 of the penal law, as amended by
 section 9 of part NN of chapter 55 of the laws of 2018,  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);

 A. 794--A                           9
 
 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, PARAGRAPH (A) OF SUBDI-
 VISION TWO AND PARAGRAPH (A) OF  SUBDIVISION  THREE  of  section  130.35
 (rape  in the first degree); subdivision 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 third
 degree); section 135.61 (coercion in the second degree); section  135.65
 (coercion in the first degree); section 140.10 (criminal trespass in the
 third  degree); section 140.15 (criminal trespass in the second degree);
 section 140.17 (criminal trespass in the first degree);  section  140.20
 (burglary  in  the third degree); section 140.25 (burglary in the second
 degree); section 140.30 (burglary in the first degree);  section  145.00
 (criminal  mischief  in  the  fourth  degree);  section 145.05 (criminal
 mischief in the third degree); section 145.10 (criminal mischief in  the
 second  degree); section 145.12 (criminal mischief in the first degree);
 section 150.05 (arson in the fourth degree); section  150.10  (arson  in
 the  third degree); section 150.15 (arson in the second degree); section
 150.20 (arson in the first  degree);  section  155.25  (petit  larceny);
 section  155.30  (grand  larceny  in  the fourth degree); section 155.35
 (grand larceny in the third degree); section 155.40  (grand  larceny  in
 the  second degree); section 155.42 (grand larceny in the first degree);
 section 160.05 (robbery in the third degree); section 160.10 (robbery in
 the second degree);  section  160.15  (robbery  in  the  first  degree);
 section 240.25 (harassment in the first degree); subdivision one, two or
 four  of section 240.30 (aggravated harassment in the second degree); or
 any attempt or conspiracy to commit any of the foregoing offenses.
   § 22. 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, PARAGRAPHS (A) AND (B) OF SUBDIVISION two AND PARA-
 GRAPHS (A) AND (B) OF SUBDIVISION THREE 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

 A. 794--A                          10
 
 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.
   § 23. 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,
 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
   §  24.  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:
   § 25. Paragraph (a) of subdivision 2  and  the  opening  paragraph  of
 subdivision  3  of  section  140.40  of  the  criminal procedure law, as

 A. 794--A                          11
 
 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:
   § 26. 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:
 § 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
 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.
   § 27. 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

 A. 794--A                          12

 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, PARAGRAPHS (A) AND (B) OF SUBDIVISION two AND PARA-
 GRAPHS (A) AND (B) OF SUBDIVISION THREE 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; [subdi-
 vision 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.
   § 28. Subdivision 4 of section 722.20 of the criminal  procedure  law,
 as  added  by section 1-a of part WWW of chapter 59 of the laws of 2017,
 is amended to read as follows:
   4. Notwithstanding the provisions of subdivisions  two  and  three  of
 this  section, the court shall, at the request of the district attorney,
 order removal of an action against a juvenile  offender  to  the  family
 court pursuant to the provisions of article seven hundred twenty-five of
 this  title if, upon consideration of the criteria specified in subdivi-
 sion two of section 722.22 of this article, 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, PARAGRAPH (A) OF SUBDI-
 VISION TWO AND PARAGRAPH (A) OF SUBDIVISION THREE 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 chapter, a determination that such action be removed to the  family
 court  shall, in addition, be based upon a finding of one or more of the
 following factors: (i) mitigating circumstances that bear directly  upon
 the manner in which the crime was committed; or (ii) where the defendant
 was not the sole participant in the crime, the defendant's participation
 was relatively minor although not so minor as to constitute a defense to
 the prosecution; or (iii) possible deficiencies in proof of the crime.
   §  29.  Subdivision 5 of section 722.21 of the criminal procedure law,
 as added by section 1-a of part WWW of chapter 59 of the laws  of  2017,
 is amended to read as follows:

 A. 794--A                          13
 
   5.  Notwithstanding subdivisions two and three of this section, at the
 request of the district attorney, the court shall order  removal  of  an
 action  against an adolescent offender charged with an offense listed in
 paragraph (a) of subdivision two of section 722.23 of this  article,  to
 the  family  court  pursuant  to the provisions of article seven hundred
 twenty-five of this title and upon consideration of the criteria  speci-
 fied  in subdivision two of section 722.22 of this article, it is deter-
 mined that to do so would be in the interests of justice. Where,  howev-
 er,  the felony complaint charges the adolescent 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,  PARA-
 GRAPH  (A)  OF SUBDIVISION TWO AND PARAGRAPH (A) OF SUBDIVISION THREE 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 chapter, a determination that such
 action be removed to the family court shall, in addition, be based  upon
 a  finding  of  one  or  more  of  the following factors: (i) mitigating
 circumstances that bear directly upon the manner in which the crime  was
 committed;  or  (ii) where the defendant was not the sole participant in
 the crime, the defendant's participation was relatively  minor  although
 not  so  minor  as  to constitute a defense to the prosecution; or (iii)
 possible deficiencies in proof of the crime.
   § 30. Paragraph (b) of subdivision 1 of section 722.22 of the criminal
 procedure law, as added by section 1-a of part WWW of chapter 59 of  the
 laws of 2017, 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,
 PARAGRAPH (A) OF SUBDIVISION TWO AND PARAGRAPH (A) OF SUBDIVISION  THREE
 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 chapter, to the family court  pursuant
 to  the provisions of article seven hundred twenty-five of this title 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 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.
   § 31. 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

 A. 794--A                          14
 
 in  the  first  degree  as  defined in PARAGRAPH (A) OF subdivision one,
 PARAGRAPH (A) OF SUBDIVISION TWO AND PARAGRAPH (A) OF SUBDIVISION  THREE
 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.
   § 32. 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 SEVEN, EIGHT AND
 NINE 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.
   § 32-a. Subdivision 6 of section 380.50 of the criminal procedure law,
 as separately amended by chapters 368 and 394 of the laws  of  2015,  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, 230.11, 230.12, 230.13, subdivi-
 sion 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,
 prepared and distributed by the commissioner of the division of criminal
 justice  services,  in  consultation  with the director of the office of
 victim services, 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.

 A. 794--A                          15
 
   § 33. Paragraph (b) of subdivision 8 of section 700.05 of the criminal
 procedure  law,  as amended by chapter 1 of the laws of 2019, 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, 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, [crimi-
 nal 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, aggravated labor trafficking  as  defined  in  section
 135.37  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

 A. 794--A                          16
 
 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 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, sex trafficking of a child as defined in section  230.34-a  of  the
 penal  law,  criminal  possession  of  a  weapon  in the third degree as
 defined in subdivisions two, three and five of  section  265.02  of  the
 penal  law,  criminal  possession  of  a  weapon in the second degree as
 defined in section 265.03 of the penal law,  criminal  possession  of  a
 weapon  in  the  first  degree as defined in section 265.04 of the penal
 law, manufacture, transport, disposition and defacement of  weapons  and
 dangerous instruments and appliances defined as felonies in subdivisions
 one, two, and three of section 265.10 of the penal law, sections 265.11,
 265.12  and  265.13  of  the  penal law, or prohibited use 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;

 A. 794--A                          17

   § 34. 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
 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
   §  35. 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, subparagraph (i) of para-
 graph (a) of subdivision 2 as amended by chapter 189 of the laws of 2018
 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, 230.34-a 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  seven-
 teen  years  of age, 230.05, 230.06, 230.11, 230.12, 230.13, subdivision
 two of section 230.30, section 230.32, 230.33, or 230.34  of  the  penal
 law,  or section 230.25 of the penal law where the person prostituted is
 in fact less than seventeen years old, 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
   §  36.  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, 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

 A. 794--A                          18
 
 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,
 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.
   § 37. Paragraphs (a) and (b) of subdivision 4 of section 509-cc of the
 vehicle  and traffic law, paragraph (a) as amended by chapter 189 of the
 laws of 2018 and paragraph (b) 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,  230.34-a,  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

 A. 794--A                          19
 
 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,]  130.53,  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.
   §  38.  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

 A. 794--A                          20
 
 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.
   § 39. Paragraph (ii) of subdivision 8 of section 301.2 of  the  family
 court  act,  as  amended  by section 57 of part WWW of chapter 59 of the
 laws of 2017, 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,  fifteen, or sixteen, or, commencing October first,
 two thousand nineteen, seventeen years of age; or such conduct committed
 as a sexually motivated felony, where  authorized  pursuant  to  section
 130.91 of the penal law;
   §  40.  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, TWO AND THREE 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, (crimi-
 nal possession of a weapon in the third degree), section 265.03, (crimi-
 nal 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.
   §  41.  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

 A. 794--A                          21
 
 (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.
   § 42. 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.
   § 43. 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.
   §  44. 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,

 A. 794--A                          22
 
 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.
   §  45.  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:
   § 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.
   § 46. 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.
   § 47. 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:

 A. 794--A                          23
 
   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 OR PARAGRAPH (A) OR (B) OF SUBDIVISION THREE 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  crimi-
 nal activity.
   §  48.  Section 4 of the judiciary law, as amended by chapter 1 of the
 laws of 2019, is amended to read as follows:
   § 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, 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 interested therein,
 excepting jurors, witnesses, and officers of the court.
   § 49. 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.
   §  50.  Subdivision 1 of section 210.16 of the criminal procedure law,
 as added by chapter 571 of the laws of  2007,  is  amended  to  read  as
 follows:
   1.  (a)  In a case where an indictment or a superior court information
 has been filed with a superior court which charges the defendant with  a
 felony  offense  enumerated in any section of article one hundred thirty
 of the penal law where an act of "[sexual  intercourse]  VAGINAL  SEXUAL
 CONTACT",  "oral  sexual  [conduct]  CONTACT"  or "anal sexual [conduct]
 CONTACT," as those terms are defined in section 130.00 of the penal law,
 is required as an essential element  for  the  commission  thereof,  the
 court  shall, upon a request of the victim within six months of the date
 of the crimes charged, order that the defendant submit to human  immuno-
 deficiency  virus (HIV) related testing. Testing of a defendant shall be
 ordered when the result would provide medical benefit to the victim or a
 psychological benefit to the victim. Medical benefit shall be found when
 the following elements are satisfied: (i) a decision  is  pending  about
 beginning,  continuing,  or discontinuing a medical intervention for the
 victim; and (ii) the result of an HIV test of the accused  could  affect
 that  decision, and could provide relevant information beyond that which
 would be provided by an HIV test of the victim. If testing the defendant
 would provide medical benefit to the victim or a  psychological  benefit
 to  the  victim, then the testing is to be conducted by a state, county,
 or local public health officer designated by the  order.  Test  results,
 which  shall not be disclosed to the court, shall be communicated to the
 defendant and the victim named in  the  order  in  accordance  with  the
 provisions  of  section twenty-seven hundred eighty-five-a of the public
 health law.
   (b) For the purposes of this section, the terms "victim"  and  "appli-
 cant" mean the person with whom the defendant is charged to have engaged
 in an act of "[sexual intercourse] VAGINAL SEXUAL CONTACT", "oral sexual

 A. 794--A                          24
 
 [conduct]  CONTACT"  or  "anal sexual [conduct] CONTACT", as those terms
 are defined in section 130.00 of the penal law, where such conduct  with
 such  victim  was  the  basis for charging the defendant with an offense
 specified in paragraph (a) of this subdivision.
   §  51.  Subdivision 1 of section 390.15 of the criminal procedure law,
 as amended by chapter 264 of the laws of 2003, is  amended  to  read  as
 follows:
   1.  (a)  In  any  case  where  the  defendant is convicted of a felony
 offense enumerated in any section of article one hundred thirty  of  the
 penal  law,  or  any subdivision of section 130.20 of such law, where an
 act of "[sexual  intercourse]  VAGINAL  SEXUAL  CONTACT",  "oral  sexual
 [conduct]  CONTACT"  or  "anal sexual [conduct] CONTACT," as those terms
 are defined in section 130.00 of the penal law, is required as an essen-
 tial element for the commission thereof, the court must, upon a  request
 of the victim, order that the defendant submit to human immunodeficiency
 (HIV)  related testing. The testing is to be conducted by a state, coun-
 ty, or local  public  health  officer  designated  by  the  order.  Test
 results,  which  shall  not be disclosed to the court, shall be communi-
 cated to the defendant and the victim named in the order  in  accordance
 with the provisions of section twenty-seven hundred eighty-five-a of the
 public health law, but such results and disclosure need not be completed
 prior to the imposition of sentence.
   (b)   For  the  purposes  of  this  section,  the  terms  "defendant",
 "conviction" and "sentence" mean and include, respectively, an "eligible
 youth," a "youthful offender finding" and a "youthful offender sentence"
 as those terms are defined in section 720.10 of this chapter.  The  term
 "victim"  means  the person with whom the defendant engaged in an act of
 "[sexual intercourse] VAGINAL SEXUAL CONTACT",  "oral  sexual  [conduct]
 CONTACT"  or "anal sexual [conduct] CONTACT", as those terms are defined
 in section 130.00 of the penal law, where such conduct with such  victim
 was  the basis for the defendant's conviction of an offense specified in
 paragraph (a) of this subdivision.
   § 52. Subdivision 1 of section 347.1  of  the  family  court  act,  as
 amended  by  chapter  264  of  the  laws  of 2003, is amended to read as
 follows:
   1. (a) In any proceeding where the respondent  is  found  pursuant  to
 section  345.1  or  346.1  of  this  article, to have committed a felony
 offense enumerated in any section of article one hundred thirty  of  the
 penal  law,  or any subdivision of section 130.20 of such law, for which
 an act of "[sexual intercourse] VAGINAL SEXUAL  CONTACT",  "oral  sexual
 [conduct]  CONTACT"  or  "anal sexual [conduct] CONTACT", as those terms
 are defined in section 130.00 of the penal law, is required as an essen-
 tial element for the commission thereof, the court must, upon a  request
 of the victim, order that the respondent submit to human immunodeficien-
 cy  (HIV)  related  testing.  The testing is to be conducted by a state,
 county, or local public health officer designated  by  the  order.  Test
 results,  which  shall  not be disclosed to the court, shall be communi-
 cated to the respondent and the victim named in the order in  accordance
 with the provisions of section twenty-seven hundred eighty-five-a of the
 public health law.
   (b)  For  the  purposes  of  this section, the term "victim" means the
 person with whom the respondent engaged in an  act  of  "[sexual  inter-
 course]  VAGINAL  SEXUAL  CONTACT",  "oral  sexual [conduct] CONTACT" or
 "anal sexual [conduct] CONTACT", as those terms are defined  in  section
 130.00  of  the  penal  law, where such conduct with such victim was the
 basis for the court's finding that the respondent committed acts consti-

 A. 794--A                          25
 
 tuting one or more of the offenses specified in paragraph  (a)  of  this
 subdivision.
   §  53.  Subdivision (a) of section 130.16 of the penal law, as amended
 by chapter 264 of the laws of 2003, is amended to read as follows:
   (a) Establish that an attempt was made to engage the victim in [sexual
 intercourse] VAGINAL SEXUAL CONTACT, oral sexual [conduct] CONTACT, anal
 sexual [conduct] CONTACT, or sexual contact, as the case may be, at  the
 time of the occurrence; and
   §  54. Subdivisions 1 and 2 of section 130.20 of the penal law, subdi-
 vision 1 as amended by chapter 1 of the laws of 2000, subdivision  2  as
 amended  by  chapter  264  of  the  laws of 2003, are amended to read as
 follows:
   1. He or she engages in [sexual intercourse]  VAGINAL  SEXUAL  CONTACT
 with another person without such person's consent; or
   2.  He  or she engages in oral sexual [conduct] CONTACT or anal sexual
 [conduct] CONTACT with another person without such person's consent; or
   § 55. Paragraphs (a) and (b) of subdivision 1 of section 130.75 of the
 penal law, as amended by chapter 264 of the laws of 2003, are amended to
 read as follows:
   (a) he or she engages in two or more acts  of  sexual  conduct,  which
 includes  at  least  one  act  of  [sexual  intercourse]  VAGINAL SEXUAL
 CONTACT, oral sexual [conduct] CONTACT, anal sexual [conduct] CONTACT or
 aggravated sexual contact, with a child less than eleven years old; or
   (b) he or she, being eighteen years old or more,  engages  in  two  or
 more  acts  of sexual conduct, which include at least one act of [sexual
 intercourse] VAGINAL SEXUAL CONTACT, oral sexual [conduct] CONTACT, anal
 sexual [conduct] CONTACT or aggravated sexual contact, with a child less
 than thirteen years old.
   § 56. Subdivision 1 of section 235.00 of the penal law, as amended  by
 chapter 264 of the laws of 2003, is amended to read as follows:
   1.  "Obscene."  Any  material  or  performance is "obscene" if (a) the
 average person, applying contemporary community  standards,  would  find
 that  considered  as  a whole, its predominant appeal is to the prurient
 interest in sex, and (b) it depicts or describes in a patently offensive
 manner,  actual  or  simulated:  [sexual  intercourse]  VAGINAL   SEXUAL
 CONTACT, [criminal sexual act] ORAL SEXUAL CONTACT, ANAL SEXUAL CONTACT,
 sexual  bestiality,  masturbation,  sadism, masochism, excretion or lewd
 exhibition of the genitals, and (c) considered  as  a  whole,  it  lacks
 serious literary, artistic, political, and scientific value. Predominant
 appeal  shall  be  judged  with  reference  to ordinary adults unless it
 appears from the character of the material or the circumstances  of  its
 dissemination to be designed for children or other [specially] ESPECIAL-
 LY susceptible audience.
   §  57. Subdivision 2 of section 235.22 of the penal law, as amended by
 chapter 264 of the laws of 2003, is amended to read as follows:
   2. by means of such communication he importunes, invites or induces  a
 minor  to  engage  in  [sexual intercourse] VAGINAL SEXUAL CONTACT, oral
 sexual [conduct] CONTACT or anal sexual  [conduct]  CONTACT,  or  sexual
 contact  with  him, or to engage in a sexual performance, obscene sexual
 performance, or sexual conduct for his benefit.
   § 58. Section 255.25 of the penal law, as amended by  chapter  320  of
 the laws of 2006, is amended to read as follows:
 § 255.25 Incest in the third degree.
   A  person  is  guilty  of  incest  in  the third degree when he or she
 marries or engages in [sexual intercourse] VAGINAL SEXUAL CONTACT,  oral
 sexual  [conduct] CONTACT or anal sexual [conduct] CONTACT with a person

 A. 794--A                          26
 
 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 third degree is a class E felony.
   §  59. Subdivision 3 of section 263.00 of the penal law, as amended by
 chapter 264 of the laws of 2003, is amended to read as follows:
   3. "Sexual conduct" means actual  or  simulated  [sexual  intercourse]
 VAGINAL  SEXUAL  CONTACT,  oral  sexual  [conduct]  CONTACT, anal sexual
 [conduct]CONTACT,  sexual  bestiality,  masturbation,   sado-masochistic
 abuse, or lewd exhibition of the genitals.
   § 60. Subdivision 3 of section 60.42 of the criminal procedure law, as
 amended  by  chapter  264  of  the  laws  of 2003, is amended to read as
 follows:
   3. rebuts evidence introduced by the people of the victim's failure to
 engage in [sexual  intercourse]  VAGINAL  SEXUAL  CONTACT,  oral  sexual
 [conduct]  CONTACT,  anal  sexual  [conduct]  CONTACT  or sexual contact
 during a given period of time; or
   § 61. Subdivision 3 of section 344.4  of  the  family  court  act,  as
 amended  by  chapter  264  of  the  laws  of 2003, is amended to read as
 follows:
   3. rebuts  evidence  introduced  by  the  presentment  agency  of  the
 victim's  failure  to  engage  in  [sexual  intercourse]  VAGINAL SEXUAL
 CONTACT, oral sexual [conduct] CONTACT, anal sexual [conduct] CONTACT or
 sexual contact during a given period of time; or
   § 62. Subdivision 4 of section 170 of the domestic relations  law,  as
 amended  by  chapter  264  of  the  laws  of 2003, is amended to read as
 follows:
   (4) The commission of an act of adultery, provided that  adultery  for
 the  purposes  of articles ten, eleven, and eleven-A of this chapter, is
 hereby defined as the commission of an act of [sexual intercourse] VAGI-
 NAL SEXUAL  CONTACT,  oral  sexual  [conduct]  CONTACT  or  anal  sexual
 [conduct] CONTACT, voluntarily performed by the defendant, with a person
 other  than the plaintiff after the marriage of plaintiff and defendant.
 Oral sexual [conduct] CONTACT and anal sexual [conduct] CONTACT include,
 but are not limited to, sexual conduct as defined in subdivision two  of
 section 130.00 and subdivision three of section 130.20 of the penal law.
   §  63.  Subdivision 4 of section 200 of the domestic relations law, as
 amended by chapter 264 of the laws  of  2003,  is  amended  to  read  as
 follows:
   4. The commission of an act of adultery by the defendant; except where
 such  offense  is committed by the procurement or with the connivance of
 the plaintiff or where there is voluntary cohabitation  of  the  parties
 with  the  knowledge  of  the  offense or where action was not commenced
 within five years after the discovery by the plaintiff  of  the  offense
 charged  or  where  the plaintiff has also been guilty of adultery under
 such circumstances that the defendant would have been entitled, if inno-
 cent, to a divorce, provided that adultery  for  the  purposes  of  this
 subdivision  is  hereby  defined  as the commission of an act of [sexual
 intercourse] VAGINAL SEXUAL CONTACT, oral sexual  [conduct]  CONTACT  or
 anal  sexual  [conduct] CONTACT, voluntarily performed by the defendant,
 with a person other than the plaintiff after the marriage  of  plaintiff
 and  defendant.  Oral sexual [conduct] CONTACT and anal sexual [conduct]
 CONTACT include, but are not limited to, sexual conduct  as  defined  in
 subdivision  two  of  section  130.00  and  subdivision three of section
 130.20 of the penal law.

 A. 794--A                          27
 
   § 64. This act shall take effect January 1, 2021 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.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  794--B
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2019
                                ___________
 
 Introduced  by M. of A. SIMOTAS, COLTON, AUBRY, ENGLEBRIGHT, BRAUNSTEIN,
   DenDEKKER, JAFFEE, PERRY, COOK, WEPRIN, SANTABARBARA,  ROZIC,  HEVESI,
   QUART,  LIFTON,  OTIS,  MOSLEY,  FAHY, SEAWRIGHT, TAYLOR, ZEBROWSKI --
   Multi-Sponsored by -- M. of A. ARROYO, BUCHWALD,  FINCH,  FITZPATRICK,
   GALEF,    GLICK,    LUPARDO,    MALLIOTAKIS,   McDONOUGH,   MONTESANO,
   PEOPLES-STOKES, RA -- read once and referred to the Committee on Codes
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and  recommitted to said committee -- again reported from said commit-
   tee with amendments, ordered reprinted as amended and  recommitted  to
   said committee
 
 AN  ACT  to  amend  the  penal  law,  the  criminal  procedure  law, the
   correction law, the social services law, the vehicle and traffic  law,
   the family court act, the civil rights law, the civil practice law and
   rules,  the  agriculture  and  markets  law, the judiciary law and the
   domestic relations 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.
   § 2. Subdivisions 1 and 2 of section 130.00 of the penal law, subdivi-
 sion  2  as  amended  by chapter 264 of the laws of 2003, are amended to
 read as follows:
   1. "[Sexual intercourse] VAGINAL SEXUAL  CONTACT"  [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.
   2.  (a)  "Oral sexual [conduct] CONTACT" means conduct between persons
 consisting of contact between the mouth and the penis, the mouth and the
 anus, or the mouth and the vulva or vagina.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01481-05-9
              

 A. 794--B                           2
 
   (b) "Anal sexual [conduct]  CONTACT"  means  conduct  between  persons
 consisting of contact between the penis and anus.
   §  3.  Section 130.25 of the penal law, as amended by chapter 1 of the
 laws of 2000, is amended to read as follows:
 § 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]  VAGINAL  SEXUAL  CONTACT
 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 CONTACT WITH ANOTHER PERSON WHO IS
 INCAPABLE OF CONSENT BY REASON OF SOME FACTOR OTHER THAN BEING LESS THAN
 SEVENTEEN YEARS OLD;
   3. HE OR SHE ENGAGES IN ANAL SEXUAL CONTACT WITH ANOTHER PERSON WHO IS
 INCAPABLE  OF  CONSENT  BY  REASON OF SOME OTHER FACTOR OTHER THAN BEING
 LESS THAN SEVENTEEN YEARS OLD;
   4. Being twenty-one years old or more, he or she  engages  in  [sexual
 intercourse] VAGINAL SEXUAL CONTACT with another person less than seven-
 teen years old; [or
   3.]  5.  BEING TWENTY-ONE YEARS OLD OR MORE, HE OR SHE ENGAGES IN ORAL
 SEXUAL CONTACT WITH ANOTHER PERSON LESS THAN SEVENTEEN YEARS OLD;
   6. BEING TWENTY-ONE YEARS OLD OR MORE, HE OR SHE ENGAGES IN ANAL SEXU-
 AL CONTACT WITH ANOTHER PERSON LESS THAN SEVENTEEN YEARS OLD;
   7. He or she engages in [sexual intercourse]  VAGINAL  SEXUAL  CONTACT
 with  another  person  without  such person's consent where such lack of
 consent is by reason of some factor other than incapacity to consent[.];
   8. HE OR SHE ENGAGES IN ORAL SEXUAL CONTACT WITH ANOTHER PERSON  WITH-
 OUT  SUCH  PERSON'S  CONSENT  WHERE SUCH LACK OF CONSENT IS BY REASON OF
 SOME FACTOR OTHER THAN INCAPACITY TO CONSENT; OR
   9. HE OR SHE ENGAGES IN ANAL SEXUAL CONTACT WITH ANOTHER PERSON  WITH-
 OUT  SUCH  PERSON'S  CONSENT  WHERE SUCH LACK OF CONSENT IS BY REASON OF
 SOME FACTOR OTHER THAN THE INCAPACITY TO CONSENT.
   Rape in the third degree is a class E felony.
   § 4. Section 130.30 of the penal law, as amended by chapter 1  of  the
 laws of 2000, is amended to read as follows:
 § 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] VAGINAL  SEXUAL  CONTACT  with  another  person  less  than
 fifteen years old; [or]
   2.  BEING EIGHTEEN YEARS OLD OR MORE, HE OR SHE ENGAGES IN ORAL SEXUAL
 CONTACT WITH ANOTHER PERSON LESS THAN FIFTEEN YEARS OLD;
   3. BEING EIGHTEEN YEARS OLD OR MORE, HE OR SHE ENGAGES IN ANAL  SEXUAL
 CONTACT WITH ANOTHER PERSON LESS THAN FIFTEEN YEARS OLD;
   4.  he  or  she engages in [sexual intercourse] VAGINAL SEXUAL CONTACT
 with another person who is incapable  of  consent  by  reason  of  being
 mentally disabled or mentally incapacitated[.];
   5. HE OR SHE ENGAGES IN ORAL SEXUAL CONTACT WITH ANOTHER PERSON WHO IS
 INCAPABLE  OF  CONSENT  BY REASON OF BEING MENTALLY DISABLED OR MENTALLY
 INCAPACITATED; OR
   6. HE OR SHE ENGAGES IN ANAL SEXUAL CONTACT 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, TWO  AND  THREE  of
 this  section that the defendant was less than four years older than the
 victim at the time of the act.

 A. 794--B                           3
 
   Rape in the second degree is a class D felony.
   §  5.  Section 130.35 of the penal law, as amended by chapter 1 of the
 laws of 2000, is amended to read as follows:
 § 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]  VAGINAL  SEXUAL  CONTACT
 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 ENGAGES IN ORAL SEXUAL CONTACT 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; OR
   3. HE OR SHE ENGAGES IN ANAL SEXUAL CONTACT 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.
   § 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);
 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, PARAGRAPHS (A)  AND  (B)
 OF  SUBDIVISION  two, AND PARAGRAPHS (A) AND (B) OF SUBDIVISION THREE 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 pursuant to section 130.91
 of [the penal law] THIS CHAPTER.

 A. 794--B                           4
 
   § 7. Subdivision 2 of section 30.00 of the penal law,  as  amended  by
 section  38 of part WWW of chapter 59 of the laws of 2017, 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 this chapter; 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,  PARAGRAPHS  (A)  AND (B) OF SUBDIVISION two AND PARAGRAPHS (A) AND
 (B) OF SUBDIVISION THREE 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 this chapter.
   § 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
   §  9.  Paragraphs (a) and (c) of subdivision 1 of section 70.02 of the
 penal law, paragraph (a) as amended by chapter 189 of the laws 2018  and
 paragraph (c) as amended by chapter 368 of the laws of 2015, 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, sex trafficking as defined in paragraphs (a) and (b)  of
 subdivision  five  of  section  230.34,  sex  trafficking  of a child as
 defined in section 230.34-a, incest in the first degree  as  defined  in

 A. 794--B                           5
 
 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, labor trafficking as defined  in
 paragraphs  (a) and (b) of subdivision three of section 135.35, 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 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  aggravated  unpermitted  use of indoor pyrotechnics in the
 first degree as defined in section 405.18.
   § 10. 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;
   § 11. 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]  SUBDIVISION  SEVEN,  EIGHT  OR NINE of section
 130.25, [or criminal sexual act in the third degree as defined in subdi-
 vision three of section 130.40,] in addition to forcible VAGINAL  SEXUAL
 CONTACT compulsion, circumstances under which, at the time of the act of
 intercourse,  oral  sexual  [conduct]  CONTACT  or anal sexual [conduct]
 CONTACT, the victim clearly expressed that he or she did not consent  to

 A. 794--B                           6
 
 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  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
   §  12. 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:
   §  13. 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
 fourteen  years  old,  he  or she intentionally causes the death of such
 person.
   § 14. 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
   §  15. 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

 A. 794--B                           7

 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.
   § 16. 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
   §  17.  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
 child in the first degree, as defined in this article, and the victim is
 less than thirteen years old.
   §  18. Subdivision 2 of section 240.75 of the penal law, as amended by
 section 8 of part NN of chapter 55 of the laws of 2018,  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  (criminal
 sexual  act  in  the  first degree); section 130.52 (forcible touching);
 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

 A. 794--B                           8
 
 (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 third
 degree); section 135.61 (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 (harass-
 ment 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.
   § 19. Section 255.26 of the penal law, as added by chapter 320 of  the
 laws of 2006, is amended to read as follows:
 § 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
 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.
   § 20. Section 255.27 of the penal law, as added by chapter 320 of  the
 laws of 2006, is amended to read as follows:
 § 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, PARAGRAPH (C) OR (D) OF
 SUBDIVISION TWO OR PARAGRAPH (C) OR (D) OF SUBDIVISION THREE 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 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.
   §  21. Subdivision 3 of section 485.05 of the penal law, as amended by
 section 9 of part NN of chapter 55 of the laws of 2018,  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

 A. 794--B                           9
 
 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, PARAGRAPH (A) OF SUBDI-
 VISION TWO AND PARAGRAPH (A) OF  SUBDIVISION  THREE  of  section  130.35
 (rape  in the first degree); subdivision 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 third
 degree); section 135.61 (coercion in the second degree); section  135.65
 (coercion in the first degree); section 140.10 (criminal trespass in the
 third  degree); section 140.15 (criminal trespass in the second degree);
 section 140.17 (criminal trespass in the first degree);  section  140.20
 (burglary  in  the third degree); section 140.25 (burglary in the second
 degree); section 140.30 (burglary in the first degree);  section  145.00
 (criminal  mischief  in  the  fourth  degree);  section 145.05 (criminal
 mischief in the third degree); section 145.10 (criminal mischief in  the
 second  degree); section 145.12 (criminal mischief in the first degree);
 section 150.05 (arson in the fourth degree); section  150.10  (arson  in
 the  third degree); section 150.15 (arson in the second degree); section
 150.20 (arson in the first  degree);  section  155.25  (petit  larceny);
 section  155.30  (grand  larceny  in  the fourth degree); section 155.35
 (grand larceny in the third degree); section 155.40  (grand  larceny  in
 the  second degree); section 155.42 (grand larceny in the first degree);
 section 160.05 (robbery in the third degree); section 160.10 (robbery in
 the second degree);  section  160.15  (robbery  in  the  first  degree);
 section 240.25 (harassment in the first degree); subdivision one, two or
 four  of section 240.30 (aggravated harassment in the second degree); or
 any attempt or conspiracy to commit any of the foregoing offenses.
   § 22. 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, PARAGRAPHS (A) AND (B) OF SUBDIVISION two AND PARA-

 A. 794--B                          10
 
 GRAPHS (A) AND (B) OF SUBDIVISION THREE 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.
   §  23.  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,
 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
   § 24. 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:

 A. 794--B                          11
 
   §  25.  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:
   § 26. 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:
 § 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
 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.
   § 27. 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. 794--B                          12
 
   (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, PARAGRAPHS (A) AND (B) OF SUBDIVISION two AND  PARA-
 GRAPHS  (A)  AND (B) OF SUBDIVISION THREE 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;  [subdi-
 vision  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.
   §  28.  Subdivision 4 of section 722.20 of the criminal procedure law,
 as added by section 1-a of part WWW of chapter 59 of the laws  of  2017,
 is amended to read as follows:
   4.  Notwithstanding  the  provisions  of subdivisions two and three of
 this section, the court shall, at the request of the district  attorney,
 order  removal  of  an  action against a juvenile offender to the family
 court pursuant to the provisions of article seven hundred twenty-five of
 this title if, upon consideration of the criteria specified in  subdivi-
 sion  two of section 722.22 of this article, 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, PARAGRAPH (A) OF  SUBDI-
 VISION  TWO  AND PARAGRAPH (A) OF SUBDIVISION THREE 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  chapter, a determination that such action be removed to the family
 court shall, in addition, be based upon a finding of one or more of  the
 following  factors: (i) mitigating circumstances that bear directly upon
 the manner in which the crime was committed; or (ii) where the defendant
 was not the sole participant in the crime, the defendant's participation
 was relatively minor although not so minor as to constitute a defense to
 the prosecution; or (iii) possible deficiencies in proof of the crime.

 A. 794--B                          13
 
   § 29. Subdivision 5 of section 722.21 of the criminal  procedure  law,
 as  added  by section 1-a of part WWW of chapter 59 of the laws of 2017,
 is amended to read as follows:
   5.  Notwithstanding subdivisions two and three of this section, at the
 request of the district attorney, the court shall order  removal  of  an
 action  against an adolescent offender charged with an offense listed in
 paragraph (a) of subdivision two of section 722.23 of this  article,  to
 the  family  court  pursuant  to the provisions of article seven hundred
 twenty-five of this title and upon consideration of the criteria  speci-
 fied  in subdivision two of section 722.22 of this article, it is deter-
 mined that to do so would be in the interests of justice. Where,  howev-
 er,  the felony complaint charges the adolescent 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,  PARA-
 GRAPH  (A)  OF SUBDIVISION TWO AND PARAGRAPH (A) OF SUBDIVISION THREE 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 chapter, a determination that such
 action be removed to the family court shall, in addition, be based  upon
 a  finding  of  one  or  more  of  the following factors: (i) mitigating
 circumstances that bear directly upon the manner in which the crime  was
 committed;  or  (ii) where the defendant was not the sole participant in
 the crime, the defendant's participation was relatively  minor  although
 not  so  minor  as  to constitute a defense to the prosecution; or (iii)
 possible deficiencies in proof of the crime.
   § 30. Paragraph (b) of subdivision 1 of section 722.22 of the criminal
 procedure law, as added by section 1-a of part WWW of chapter 59 of  the
 laws of 2017, 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,
 PARAGRAPH (A) OF SUBDIVISION TWO AND PARAGRAPH (A) OF SUBDIVISION  THREE
 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 chapter, to the family court  pursuant
 to  the provisions of article seven hundred twenty-five of this title 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 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.
   § 31. 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

 A. 794--B                          14
 
 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,
 PARAGRAPH (A) OF SUBDIVISION TWO AND PARAGRAPH (A) OF SUBDIVISION  THREE
 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.
   § 32. 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 SEVEN, EIGHT AND
 NINE 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] ANY such offense may be  submit-
 ted  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.
   § 32-a. Subdivision 6 of section 380.50 of the criminal procedure law,
 as  separately  amended  by chapters 368 and 394 of the laws of 2015, 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, 230.11, 230.12, 230.13,  subdivi-
 sion 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,
 prepared and distributed by the commissioner of the division of criminal
 justice services, in consultation with the director  of  the  office  of
 victim  services,  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

 A. 794--B                          15
 
 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.
   § 33. Paragraph (b) of subdivision 8 of section 700.05 of the criminal
 procedure  law,  as amended by chapter 1 of the laws of 2019, 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, 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,  [crimi-
 nal  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,  aggravated labor trafficking as defined in section
 135.37 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

 A. 794--B                          16
 
 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  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,  sex  trafficking  of a child as defined in section 230.34-a of the
 penal law, criminal possession of  a  weapon  in  the  third  degree  as
 defined  in  subdivisions  two,  three and five of section 265.02 of the
 penal law, criminal possession of a  weapon  in  the  second  degree  as
 defined  in  section  265.03  of the penal law, criminal possession of a
 weapon in the first degree as defined in section  265.04  of  the  penal
 law,  manufacture,  transport, disposition and defacement of weapons and
 dangerous instruments and appliances defined as felonies in subdivisions
 one, two, and three of section 265.10 of the penal law, sections 265.11,
 265.12 and 265.13 of the penal law, or  prohibited  use  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

 A. 794--B                          17
 
 origin  of  a recording in the first degree as defined in section 275.40
 of the penal law;
   § 34. 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
 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
   §  35. 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, subparagraph (i) of para-
 graph (a) of subdivision 2 as amended by chapter 189 of the laws of 2018
 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, 230.34-a 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  seven-
 teen  years  of age, 230.05, 230.06, 230.11, 230.12, 230.13, subdivision
 two of section 230.30, section 230.32, 230.33, or 230.34  of  the  penal
 law,  or section 230.25 of the penal law where the person prostituted is
 in fact less than seventeen years old, 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
   §  36.  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, 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

 A. 794--B                          18
 
 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,
 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.
   § 37. Paragraphs (a) and (b) of subdivision 4 of section 509-cc of the
 vehicle  and traffic law, paragraph (a) as amended by chapter 189 of the
 laws of 2018 and paragraph (b) 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,  230.34-a,  235.22,  263.05,  263.10,
 263.11, 263.15, 263.16 of the penal law or an attempt to commit  any  of

 A. 794--B                          19
 
 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,] 130.53,  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.
   § 38. 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;

 A. 794--B                          20
 
 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.
   § 39. Paragraph (ii) of subdivision 8 of section 301.2 of  the  family
 court  act,  as  amended  by section 57 of part WWW of chapter 59 of the
 laws of 2017, 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,  fifteen, or sixteen, or, commencing October first,
 two thousand nineteen, seventeen years of age; or such conduct committed
 as a sexually motivated felony, where  authorized  pursuant  to  section
 130.91 of the penal law;
   §  40.  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]  SUBDIVISIONS one, TWO AND THREE 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.
   § 41. 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

 A. 794--B                          21
 
 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.
   §  42. 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.
   §  43. 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.
   § 44. 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

 A. 794--B                          22
 
 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.
   § 45. 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:
   §  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.
   § 46. 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.
   §  47.  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:

 A. 794--B                          23
 
   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 OR PARAGRAPH (A) OR (B) OF SUBDIVISION THREE 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  crimi-
 nal activity.
   §  48.  Section 4 of the judiciary law, as amended by chapter 1 of the
 laws of 2019, is amended to read as follows:
   § 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, 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 interested therein,
 excepting jurors, witnesses, and officers of the court.
   § 49. 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.
   §  50.  Subdivision 1 of section 210.16 of the criminal procedure law,
 as added by chapter 571 of the laws of  2007,  is  amended  to  read  as
 follows:
   1.  (a)  In a case where an indictment or a superior court information
 has been filed with a superior court which charges the defendant with  a
 felony  offense  enumerated in any section of article one hundred thirty
 of the penal law where an act of "[sexual  intercourse]  VAGINAL  SEXUAL
 CONTACT",  "oral  sexual  [conduct]  CONTACT"  or "anal sexual [conduct]
 CONTACT," as those terms are defined in section 130.00 of the penal law,
 is required as an essential element  for  the  commission  thereof,  the
 court  shall, upon a request of the victim within six months of the date
 of the crimes charged, order that the defendant submit to human  immuno-
 deficiency  virus (HIV) related testing. Testing of a defendant shall be
 ordered when the result would provide medical benefit to the victim or a
 psychological benefit to the victim. Medical benefit shall be found when
 the following elements are satisfied: (i) a decision  is  pending  about
 beginning,  continuing,  or discontinuing a medical intervention for the
 victim; and (ii) the result of an HIV test of the accused  could  affect
 that  decision, and could provide relevant information beyond that which
 would be provided by an HIV test of the victim. If testing the defendant
 would provide medical benefit to the victim or a  psychological  benefit
 to  the  victim, then the testing is to be conducted by a state, county,
 or local public health officer designated by the  order.  Test  results,
 which  shall not be disclosed to the court, shall be communicated to the
 defendant and the victim named in  the  order  in  accordance  with  the
 provisions  of  section twenty-seven hundred eighty-five-a of the public
 health law.
   (b) For the purposes of this section, the terms "victim"  and  "appli-
 cant" mean the person with whom the defendant is charged to have engaged
 in an act of "[sexual intercourse] VAGINAL SEXUAL CONTACT", "oral sexual

 A. 794--B                          24
 
 [conduct]  CONTACT"  or  "anal sexual [conduct] CONTACT", as those terms
 are defined in section 130.00 of the penal law, where such conduct  with
 such  victim  was  the  basis for charging the defendant with an offense
 specified in paragraph (a) of this subdivision.
   §  51.  Subdivision 1 of section 390.15 of the criminal procedure law,
 as amended by chapter 264 of the laws of 2003, is  amended  to  read  as
 follows:
   1.  (a)  In  any  case  where  the  defendant is convicted of a felony
 offense enumerated in any section of article one hundred thirty  of  the
 penal  law,  or  any subdivision of section 130.20 of such law, where an
 act of "[sexual  intercourse]  VAGINAL  SEXUAL  CONTACT",  "oral  sexual
 [conduct]  CONTACT"  or  "anal sexual [conduct] CONTACT," as those terms
 are defined in section 130.00 of the penal law, is required as an essen-
 tial element for the commission thereof, the court must, upon a  request
 of the victim, order that the defendant submit to human immunodeficiency
 (HIV)  related testing. The testing is to be conducted by a state, coun-
 ty, or local  public  health  officer  designated  by  the  order.  Test
 results,  which  shall  not be disclosed to the court, shall be communi-
 cated to the defendant and the victim named in the order  in  accordance
 with the provisions of section twenty-seven hundred eighty-five-a of the
 public health law, but such results and disclosure need not be completed
 prior to the imposition of sentence.
   (b)   For  the  purposes  of  this  section,  the  terms  "defendant",
 "conviction" and "sentence" mean and include, respectively, an "eligible
 youth," a "youthful offender finding" and a "youthful offender sentence"
 as those terms are defined in section 720.10 of this chapter.  The  term
 "victim"  means  the person with whom the defendant engaged in an act of
 "[sexual intercourse] VAGINAL SEXUAL CONTACT",  "oral  sexual  [conduct]
 CONTACT"  or "anal sexual [conduct] CONTACT", as those terms are defined
 in section 130.00 of the penal law, where such conduct with such  victim
 was  the basis for the defendant's conviction of an offense specified in
 paragraph (a) of this subdivision.
   § 52. Subdivision 1 of section 347.1  of  the  family  court  act,  as
 amended  by  chapter  264  of  the  laws  of 2003, is amended to read as
 follows:
   1. (a) In any proceeding where the respondent  is  found  pursuant  to
 section  345.1  or  346.1  of  this  article, to have committed a felony
 offense enumerated in any section of article one hundred thirty  of  the
 penal  law,  or any subdivision of section 130.20 of such law, for which
 an act of "[sexual intercourse] VAGINAL SEXUAL  CONTACT",  "oral  sexual
 [conduct]  CONTACT"  or  "anal sexual [conduct] CONTACT", as those terms
 are defined in section 130.00 of the penal law, is required as an essen-
 tial element for the commission thereof, the court must, upon a  request
 of the victim, order that the respondent submit to human immunodeficien-
 cy  (HIV)  related  testing.  The testing is to be conducted by a state,
 county, or local public health officer designated  by  the  order.  Test
 results,  which  shall  not be disclosed to the court, shall be communi-
 cated to the respondent and the victim named in the order in  accordance
 with the provisions of section twenty-seven hundred eighty-five-a of the
 public health law.
   (b)  For  the  purposes  of  this section, the term "victim" means the
 person with whom the respondent engaged in an  act  of  "[sexual  inter-
 course]  VAGINAL  SEXUAL  CONTACT",  "oral  sexual [conduct] CONTACT" or
 "anal sexual [conduct] CONTACT", as those terms are defined  in  section
 130.00  of  the  penal  law, where such conduct with such victim was the
 basis for the court's finding that the respondent committed acts consti-

 A. 794--B                          25
 
 tuting one or more of the offenses specified in paragraph  (a)  of  this
 subdivision.
   §  53.  Subdivision (a) of section 130.16 of the penal law, as amended
 by chapter 264 of the laws of 2003, is amended to read as follows:
   (a) Establish that an attempt was made to engage the victim in [sexual
 intercourse] VAGINAL SEXUAL CONTACT, oral sexual [conduct] CONTACT, anal
 sexual [conduct] CONTACT, or sexual contact, as the case may be, at  the
 time of the occurrence; and
   §  54. Section 130.20 of the penal law, as amended by chapter 1 of the
 laws of 2000, subdivision 2 as amended by chapter 264  of  the  laws  of
 2003, is amended to read as follows:
 § 130.20 Sexual misconduct.
   A person is guilty of sexual misconduct when:
   1.  He  or  she engages in [sexual intercourse] VAGINAL SEXUAL CONTACT
 with another person without such person's consent; or
   2. He or she engages in oral sexual [conduct or anal  sexual  conduct]
 CONTACT with another person without such person's consent; or
   3.  HE OR SHE ENGAGES IN ANAL SEXUAL CONTACT WITH ANOTHER PERSON WITH-
 OUT SUCH PERSON'S CONSENT; OR
   4.  He or she engages in sexual conduct with an animal or a dead human
 body.
   Sexual misconduct is a class A misdemeanor.
   § 55. Paragraphs (a) and (b) of subdivision 1 of section 130.75 of the
 penal law, as amended by chapter 264 of the laws of 2003, are amended to
 read as follows:
   (a) he or she engages in two or more acts  of  sexual  conduct,  which
 includes  at  least  one  act  of  [sexual  intercourse]  VAGINAL SEXUAL
 CONTACT, oral sexual [conduct] CONTACT, anal sexual [conduct] CONTACT or
 aggravated sexual contact, with a child less than eleven years old; or
   (b) he or she, being eighteen years old or more,  engages  in  two  or
 more  acts  of sexual conduct, which include at least one act of [sexual
 intercourse] VAGINAL SEXUAL CONTACT, oral sexual [conduct] CONTACT, anal
 sexual [conduct] CONTACT or aggravated sexual contact, with a child less
 than thirteen years old.
   § 56. Subdivision 1 of section 235.00 of the penal law, as amended  by
 chapter 264 of the laws of 2003, is amended to read as follows:
   1.  "Obscene."  Any  material  or  performance is "obscene" if (a) the
 average person, applying contemporary community  standards,  would  find
 that  considered  as  a whole, its predominant appeal is to the prurient
 interest in sex, and (b) it depicts or describes in a patently offensive
 manner,  actual  or  simulated:  [sexual  intercourse]  VAGINAL   SEXUAL
 CONTACT, [criminal sexual act] ORAL SEXUAL CONTACT, ANAL SEXUAL CONTACT,
 sexual  bestiality,  masturbation,  sadism, masochism, excretion or lewd
 exhibition of the genitals, and (c) considered  as  a  whole,  it  lacks
 serious literary, artistic, political, and scientific value. Predominant
 appeal  shall  be  judged  with  reference  to ordinary adults unless it
 appears from the character of the material or the circumstances  of  its
 dissemination to be designed for children or other [specially] ESPECIAL-
 LY susceptible audience.
   §  57. Subdivision 2 of section 235.22 of the penal law, as amended by
 chapter 264 of the laws of 2003, is amended to read as follows:
   2. by means of such communication he importunes, invites or induces  a
 minor  to  engage  in  [sexual intercourse] VAGINAL SEXUAL CONTACT, oral
 sexual [conduct] CONTACT or anal sexual  [conduct]  CONTACT,  or  sexual
 contact  with  him, or to engage in a sexual performance, obscene sexual
 performance, or sexual conduct for his benefit.

 A. 794--B                          26
 
   § 58. Section 255.25 of the penal law, as amended by  chapter  320  of
 the laws of 2006, is amended to read as follows:
 § 255.25 Incest in the third degree.
   A  person  is  guilty  of  incest  in  the third degree when he or she
 marries or engages in [sexual intercourse] VAGINAL SEXUAL CONTACT,  oral
 sexual  [conduct] CONTACT or anal sexual [conduct] CONTACT with 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 third degree is a class E felony.
   §  59. Subdivision 3 of section 263.00 of the penal law, as amended by
 chapter 264 of the laws of 2003, is amended to read as follows:
   3. "Sexual conduct" means actual  or  simulated  [sexual  intercourse]
 VAGINAL  SEXUAL  CONTACT,  oral  sexual  [conduct]  CONTACT, anal sexual
 [conduct]CONTACT,  sexual  bestiality,  masturbation,   sado-masochistic
 abuse, or lewd exhibition of the genitals.
   § 60. Subdivision 3 of section 60.42 of the criminal procedure law, as
 amended  by  chapter  264  of  the  laws  of 2003, is amended to read as
 follows:
   3. rebuts evidence introduced by the people of the victim's failure to
 engage in [sexual  intercourse]  VAGINAL  SEXUAL  CONTACT,  oral  sexual
 [conduct]  CONTACT,  anal  sexual  [conduct]  CONTACT  or sexual contact
 during a given period of time; or
   § 61. Subdivision 3 of section 344.4  of  the  family  court  act,  as
 amended  by  chapter  264  of  the  laws  of 2003, is amended to read as
 follows:
   3. rebuts  evidence  introduced  by  the  presentment  agency  of  the
 victim's  failure  to  engage  in  [sexual  intercourse]  VAGINAL SEXUAL
 CONTACT, oral sexual [conduct] CONTACT, anal sexual [conduct] CONTACT or
 sexual contact during a given period of time; or
   § 62. Subdivision 4 of section 170 of the domestic relations  law,  as
 amended  by  chapter  264  of  the  laws  of 2003, is amended to read as
 follows:
   (4) The commission of an act of adultery, provided that  adultery  for
 the  purposes  of articles ten, eleven, and eleven-A of this chapter, is
 hereby defined as the commission of an act of [sexual intercourse] VAGI-
 NAL SEXUAL  CONTACT,  oral  sexual  [conduct]  CONTACT  or  anal  sexual
 [conduct] CONTACT, voluntarily performed by the defendant, with a person
 other  than the plaintiff after the marriage of plaintiff and defendant.
 Oral sexual [conduct] CONTACT and anal sexual [conduct] CONTACT include,
 but are not limited to, sexual conduct as defined in subdivision two  of
 section  130.00  and  subdivision  [three] FOUR of section 130.20 of the
 penal law.
   § 63. Subdivision 4 of section 200 of the domestic relations  law,  as
 amended  by  chapter  264  of  the  laws  of 2003, is amended to read as
 follows:
   4. The commission of an act of adultery by the defendant; except where
 such offense is committed by the procurement or with the  connivance  of
 the  plaintiff  or  where there is voluntary cohabitation of the parties
 with the knowledge of the offense or  where  action  was  not  commenced
 within  five  years  after the discovery by the plaintiff of the offense
 charged or where the plaintiff has also been guilty  of  adultery  under
 such circumstances that the defendant would have been entitled, if inno-
 cent,  to  a  divorce,  provided  that adultery for the purposes of this
 subdivision is hereby defined as the commission of  an  act  of  [sexual
 intercourse]  VAGINAL  SEXUAL  CONTACT, oral sexual [conduct] CONTACT or

 A. 794--B                          27
 
 anal sexual [conduct] CONTACT, voluntarily performed by  the  defendant,
 with  a  person other than the plaintiff after the marriage of plaintiff
 and defendant. Oral sexual [conduct] CONTACT and anal  sexual  [conduct]
 CONTACT  include,  but  are not limited to, sexual conduct as defined in
 subdivision two of  section  130.00  and  subdivision  [three]  FOUR  of
 section 130.20 of the penal law.
   §  64.  This  act shall take effect January 1, 2021 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.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  794--C
                                                             R. R. 55
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2019
                                ___________
 
 Introduced  by M. of A. SIMOTAS, COLTON, AUBRY, ENGLEBRIGHT, BRAUNSTEIN,
   DenDEKKER, JAFFEE, PERRY, COOK, WEPRIN, SANTABARBARA,  ROZIC,  HEVESI,
   QUART,  LIFTON,  OTIS,  MOSLEY,  FAHY, SEAWRIGHT, TAYLOR, ZEBROWSKI --
   Multi-Sponsored by -- M. of A. ARROYO, BUCHWALD,  FINCH,  FITZPATRICK,
   GALEF,    GLICK,    LUPARDO,    MALLIOTAKIS,   McDONOUGH,   MONTESANO,
   PEOPLES-STOKES, RA -- read once and referred to the Committee on Codes
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and  recommitted to said committee -- again reported from said commit-
   tee with amendments, ordered reprinted as amended and  recommitted  to
   said  committee  -- reported and referred to the Committee on Rules --
   ordered to a third reading, passed by Assembly and  delivered  to  the
   Senate,  recalled  from  the  Senate, vote reconsidered, bill amended,
   ordered reprinted, retaining its place on the special order  of  third
   reading
 
 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, the judiciary law and the
   domestic relations 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.
   § 2. Subdivisions 1 and 2 of section 130.00 of the penal law, subdivi-
 sion  2  as  amended  by chapter 264 of the laws of 2003, are amended to
 read as follows:
   1. "[Sexual intercourse] VAGINAL SEXUAL  CONTACT"  [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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD01481-08-9

 A. 794--C                           2
 
   2.  (a)  "Oral sexual [conduct] CONTACT" means conduct between persons
 consisting of contact between the mouth and the penis, the mouth and the
 anus, or the mouth and the vulva or vagina.
   (b)  "Anal  sexual  [conduct]  CONTACT"  means conduct between persons
 consisting of contact between the penis and anus.
   § 3. Section 130.25 of the penal law, as amended by chapter 1  of  the
 laws of 2000, is amended to read as follows:
 § 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] VAGINAL SEXUAL CONTACT
 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 CONTACT WITH ANOTHER PERSON WHO IS
 INCAPABLE OF CONSENT BY REASON OF SOME FACTOR OTHER THAN BEING LESS THAN
 SEVENTEEN YEARS OLD;
   3. HE OR SHE ENGAGES IN ANAL SEXUAL CONTACT WITH ANOTHER PERSON WHO IS
 INCAPABLE OF CONSENT BY REASON OF SOME OTHER  FACTOR  OTHER  THAN  BEING
 LESS THAN SEVENTEEN YEARS OLD;
   4.  Being  twenty-one  years old or more, he or she engages in [sexual
 intercourse] VAGINAL SEXUAL CONTACT with another person less than seven-
 teen years old; [or
   3.] 5.  BEING TWENTY-ONE YEARS OLD OR MORE, HE OR SHE ENGAGES IN  ORAL
 SEXUAL CONTACT WITH ANOTHER PERSON LESS THAN SEVENTEEN YEARS OLD;
   6. BEING TWENTY-ONE YEARS OLD OR MORE, HE OR SHE ENGAGES IN ANAL SEXU-
 AL CONTACT WITH ANOTHER PERSON LESS THAN SEVENTEEN YEARS OLD;
   7.  He  or  she engages in [sexual intercourse] VAGINAL SEXUAL CONTACT
 with another person without such person's consent  where  such  lack  of
 consent is by reason of some factor other than incapacity to consent[.];
   8.  HE OR SHE ENGAGES IN ORAL SEXUAL CONTACT WITH ANOTHER PERSON WITH-
 OUT SUCH PERSON'S CONSENT WHERE SUCH LACK OF CONSENT  IS  BY  REASON  OF
 SOME FACTOR OTHER THAN INCAPACITY TO CONSENT; OR
   9.  HE OR SHE ENGAGES IN ANAL SEXUAL CONTACT WITH ANOTHER PERSON WITH-
 OUT SUCH PERSON'S CONSENT WHERE SUCH LACK OF CONSENT  IS  BY  REASON  OF
 SOME FACTOR OTHER THAN THE INCAPACITY TO CONSENT.
   Rape in the third degree is a class E felony.
   §  4.  Section 130.30 of the penal law, as amended by chapter 1 of the
 laws of 2000, is amended to read as follows:
 § 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]  VAGINAL  SEXUAL  CONTACT  with  another  person  less than
 fifteen years old; [or]
   2. BEING EIGHTEEN YEARS OLD OR MORE, HE OR SHE ENGAGES IN ORAL  SEXUAL
 CONTACT WITH ANOTHER PERSON LESS THAN FIFTEEN YEARS OLD;
   3.  BEING EIGHTEEN YEARS OLD OR MORE, HE OR SHE ENGAGES IN ANAL SEXUAL
 CONTACT WITH ANOTHER PERSON LESS THAN FIFTEEN YEARS OLD;
   4. he or she engages in [sexual intercourse]  VAGINAL  SEXUAL  CONTACT
 with  another  person  who  is  incapable  of consent by reason of being
 mentally disabled or mentally incapacitated[.];
   5. HE OR SHE ENGAGES IN ORAL SEXUAL CONTACT WITH ANOTHER PERSON WHO IS
 INCAPABLE OF CONSENT BY REASON OF BEING MENTALLY  DISABLED  OR  MENTALLY
 INCAPACITATED; OR
   6. HE OR SHE ENGAGES IN ANAL SEXUAL CONTACT WITH ANOTHER PERSON WHO IS
 INCAPABLE  OF  CONSENT  BY REASON OF BEING MENTALLY DISABLED OR MENTALLY
 INCAPACITATED.

 A. 794--C                           3
 
   It shall be an affirmative defense to the crime of rape in the  second
 degree  as  defined  in [subdivision] SUBDIVISIONS one, TWO AND THREE 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.
   §  5.  Section 130.35 of the penal law, as amended by chapter 1 of the
 laws of 2000, is amended to read as follows:
 § 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]  VAGINAL  SEXUAL  CONTACT
 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 ENGAGES IN ORAL SEXUAL CONTACT 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; OR
   3. HE OR SHE ENGAGES IN ANAL SEXUAL CONTACT 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.
   § 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);
 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, PARAGRAPHS (A)  AND  (B)
 OF  SUBDIVISION  two, AND PARAGRAPHS (A) AND (B) OF SUBDIVISION THREE 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. 794--C                           4
 
 a sexually motivated felony, where authorized pursuant to section 130.91
 of [the penal law] THIS CHAPTER.
   §  7.  Subdivision  2 of section 30.00 of the penal law, as amended by
 section 38 of part WWW of chapter 59 of the laws of 2017, 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 this chapter; 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,  PARAGRAPHS  (A)  AND (B) OF SUBDIVISION two AND PARAGRAPHS (A) AND
 (B) OF SUBDIVISION THREE 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 this chapter.
   § 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
   §  9.  Paragraphs (a) and (c) of subdivision 1 of section 70.02 of the
 penal law, paragraph (a) as amended by chapter 189 of the laws 2018  and
 paragraph (c) as amended by chapter 368 of the laws of 2015, 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, sex trafficking as defined in paragraphs (a) and (b)  of

 A. 794--C                           5
 
 subdivision  five  of  section  230.34,  sex  trafficking  of a child as
 defined in section 230.34-a, 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, labor trafficking as defined in
 paragraphs (a) and (b) of subdivision three of section 135.35,  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 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 aggravated unpermitted use of  indoor  pyrotechnics  in  the
 first degree as defined in section 405.18.
   § 10. 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;
   §  11. 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] SUBDIVISION  SEVEN,  EIGHT  OR  NINE  of  section
 130.25, [or criminal sexual act in the third degree as defined in subdi-
 vision  three of section 130.40,] in addition to forcible VAGINAL SEXUAL
 CONTACT compulsion, circumstances under which, at the time of the act of

 A. 794--C                           6

 intercourse, oral sexual [conduct]  CONTACT  or  anal  sexual  [conduct]
 CONTACT,  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 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
   § 12. 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:
   § 13. 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
 fourteen years old, he or she intentionally causes  the  death  of  such
 person.
   §  14. 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
   § 15. 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. 794--C                           7
 
   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.
   § 16. 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
   §  17.  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
 child in the first degree, as defined in this article, and the victim is
 less than thirteen years old.
   §  18. Subdivision 2 of section 240.75 of the penal law, as amended by
 section 8 of part NN of chapter 55 of the laws of 2018,  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  (criminal
 sexual  act  in  the  first degree); section 130.52 (forcible touching);
 section 130.53 (persistent sexual abuse); section 130.55  (sexual  abuse
 in  the  third  degree);  section  130.60  (sexual  abuse  in the second

 A. 794--C                           8
 
 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  third
 degree);  section 135.61 (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  (harass-
 ment  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.
   §  19. Section 255.26 of the penal law, as added by chapter 320 of the
 laws of 2006, is amended to read as follows:
 § 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
 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.
   §  20. Section 255.27 of the penal law, as added by chapter 320 of the
 laws of 2006, is amended to read as follows:
 § 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, PARAGRAPH (C) OR  (D)  OF
 SUBDIVISION  TWO OR PARAGRAPH (C) OR (D) OF SUBDIVISION THREE 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 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.
   § 21. Subdivision 3 of section 485.05 of the penal law, as amended  by
 section  9  of  part NN of chapter 55 of the laws of 2018, 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

 A. 794--C                           9
 
 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, PARAGRAPH (A) OF SUBDI-
 VISION TWO AND PARAGRAPH (A) OF  SUBDIVISION  THREE  of  section  130.35
 (rape  in the first degree); subdivision 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 third
 degree); section 135.61 (coercion in the second degree); section  135.65
 (coercion in the first degree); section 140.10 (criminal trespass in the
 third  degree); section 140.15 (criminal trespass in the second degree);
 section 140.17 (criminal trespass in the first degree);  section  140.20
 (burglary  in  the third degree); section 140.25 (burglary in the second
 degree); section 140.30 (burglary in the first degree);  section  145.00
 (criminal  mischief  in  the  fourth  degree);  section 145.05 (criminal
 mischief in the third degree); section 145.10 (criminal mischief in  the
 second  degree); section 145.12 (criminal mischief in the first degree);
 section 150.05 (arson in the fourth degree); section  150.10  (arson  in
 the  third degree); section 150.15 (arson in the second degree); section
 150.20 (arson in the first  degree);  section  155.25  (petit  larceny);
 section  155.30  (grand  larceny  in  the fourth degree); section 155.35
 (grand larceny in the third degree); section 155.40  (grand  larceny  in
 the  second degree); section 155.42 (grand larceny in the first degree);
 section 160.05 (robbery in the third degree); section 160.10 (robbery in
 the second degree);  section  160.15  (robbery  in  the  first  degree);
 section 240.25 (harassment in the first degree); subdivision one, two or
 four  of section 240.30 (aggravated harassment in the second degree); or
 any attempt or conspiracy to commit any of the foregoing offenses.
   § 22. 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-

 A. 794--C                          10
 
 er in the first degree); [subdivisions one and] PARAGRAPHS (A)  AND  (B)
 OF  SUBDIVISION ONE, PARAGRAPHS (A) AND (B) OF SUBDIVISION two AND PARA-
 GRAPHS (A) AND (B) OF SUBDIVISION THREE 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.
   § 23. 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,
 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
   §  24.  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. 794--C                          11
 
 a local criminal court as provided in subdivision two, and the procedure
 may instead be as follows:
   §  25.  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:
   § 26. Subdivisions 2 and 3 of section 150.20 of the criminal procedure
 law,  as amended by chapter 550 of the laws of 1987, are amended to read
 as follows:
   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
 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.
   § 26-a. Paragraph (a) of subdivision 1 of section 150.20 of the crimi-
 nal procedure law, as amended by section 1-a of part JJJ of  chapter  59
 of the laws of 2019, is amended to read as follows:
   (a) Whenever a police officer is authorized pursuant to section 140.10
 of  this title 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 shall,
 except as set out in paragraph (b) of this subdivision, subject  to  the

 A. 794--C                          12
 
 provisions  of  subdivisions  three  and  four of section 150.40 of this
 title, instead issue to and serve upon such person an appearance ticket.
   § 27. 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, PARAGRAPHS (A) AND (B) OF SUBDIVISION two AND  PARA-
 GRAPHS  (A)  AND (B) OF SUBDIVISION THREE 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;  [subdi-
 vision  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.
   §  28.  Subdivision 4 of section 722.20 of the criminal procedure law,
 as added by section 1-a of part WWW of chapter 59 of the laws  of  2017,
 is amended to read as follows:
   4.  Notwithstanding  the  provisions  of subdivisions two and three of
 this section, the court shall, at the request of the district  attorney,
 order  removal  of  an  action against a juvenile offender to the family
 court pursuant to the provisions of article seven hundred twenty-five of
 this title if, upon consideration of the criteria specified in  subdivi-
 sion  two of section 722.22 of this article, 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, PARAGRAPH (A) OF  SUBDI-
 VISION  TWO  AND PARAGRAPH (A) OF SUBDIVISION THREE 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  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

 A. 794--C                          13
 
 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.
   §  29.  Subdivision 5 of section 722.21 of the criminal procedure law,
 as added by section 1-a of part WWW of chapter 59 of the laws  of  2017,
 is amended to read as follows:
   5.  Notwithstanding subdivisions two and three of this section, at the
 request of the district attorney, the court shall order  removal  of  an
 action  against an adolescent offender charged with an offense listed in
 paragraph (a) of subdivision two of section 722.23 of this  article,  to
 the  family  court  pursuant  to the provisions of article seven hundred
 twenty-five of this title and upon consideration of the criteria  speci-
 fied  in subdivision two of section 722.22 of this article, it is deter-
 mined that to do so would be in the interests of justice. Where,  howev-
 er,  the felony complaint charges the adolescent 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,  PARA-
 GRAPH  (A)  OF SUBDIVISION TWO AND PARAGRAPH (A) OF SUBDIVISION THREE 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 chapter, a determination that such
 action be removed to the family court shall, in addition, be based  upon
 a  finding  of  one  or  more  of  the following factors: (i) mitigating
 circumstances that bear directly upon the manner in which the crime  was
 committed;  or  (ii) where the defendant was not the sole participant in
 the crime, the defendant's participation was relatively  minor  although
 not  so  minor  as  to constitute a defense to the prosecution; or (iii)
 possible deficiencies in proof of the crime.
   § 30. Paragraph (b) of subdivision 1 of section 722.22 of the criminal
 procedure law, as added by section 1-a of part WWW of chapter 59 of  the
 laws of 2017, 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,
 PARAGRAPH (A) OF SUBDIVISION TWO AND PARAGRAPH (A) OF SUBDIVISION  THREE
 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 chapter, to the family court  pursuant
 to  the provisions of article seven hundred twenty-five of this title 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 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.
   § 31. 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:

 A. 794--C                          14
 
   (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,
 PARAGRAPH  (A) OF SUBDIVISION TWO AND PARAGRAPH (A) OF SUBDIVISION THREE
 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.
   §  32.  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 SEVEN,  EIGHT  AND
 NINE  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] ANY such offense may be submit-
 ted 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.
   § 32-a. Subdivision 6 of section 380.50 of the criminal procedure law,
 as separately amended by chapters 368 and 394 of the laws  of  2015,  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, 230.11, 230.12, 230.13, subdivi-
 sion 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,
 prepared and distributed by the commissioner of the division of criminal
 justice  services,  in  consultation  with the director of the office of
 victim services, on which  the  victim  may  indicate  a  demand  to  be

 A. 794--C                          15
 
 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.
   § 33. Paragraph (b) of subdivision 8 of section 700.05 of the criminal
 procedure law, as amended by chapter 1 of the laws of 2019,  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, 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, [crimi-
 nal 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, aggravated labor trafficking  as  defined  in  section
 135.37  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

 A. 794--C                          16
 
 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 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, sex trafficking of a child as defined in section  230.34-a  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

 A. 794--C                          17
 
 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;
   § 34. 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
 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
   § 35. 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, subparagraph (i) of para-
 graph (a) of subdivision 2 as amended by chapter 189 of the laws of 2018
 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, 230.34-a 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 seven-
 teen years of age, 230.05, 230.06, 230.11, 230.12,  230.13,  subdivision
 two  of  section  230.30, section 230.32, 230.33, or 230.34 of the penal
 law, or section 230.25 of the penal law where the person prostituted  is
 in  fact  less  than  seventeen  years old, 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
   § 36. 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, 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:

 A. 794--C                          18
 
   (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,
 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.
   § 37. Paragraphs (a) and (b) of subdivision 4 of section 509-cc of the
 vehicle  and traffic law, paragraph (a) as amended by chapter 189 of the
 laws of 2018 and paragraph (b) 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

 A. 794--C                          19
 
 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,  230.34-a,  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,]  130.53,  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.
   §  38.  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

 A. 794--C                          20

 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.
   § 39. Paragraph (ii) of subdivision 8 of section 301.2 of  the  family
 court  act,  as  amended  by section 57 of part WWW of chapter 59 of the
 laws of 2017, 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,  fifteen, or sixteen, or, commencing October first,
 two thousand nineteen, seventeen years of age; or such conduct committed
 as a sexually motivated felony, where  authorized  pursuant  to  section
 130.91 of the penal law;
   §  40.  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]  SUBDIVISIONS one, TWO AND THREE 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.
   § 41. 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:

 A. 794--C                          21
 
   (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.
   § 42. 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.
   § 43. 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.
   §  44. 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:

 A. 794--C                          22
 
   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.
   §  45.  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:
   § 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.
   § 46. 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,

 A. 794--C                          23
 
 notwithstanding  that  the  time  in  which  to commence such action has
 already expired or has less than a year remaining.
   §  47.  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 OR PARAGRAPH (A) OR (B) OF SUBDIVISION THREE 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 crimi-
 nal activity.
   § 48. Section 4 of the judiciary law, as amended by chapter 1  of  the
 laws of 2019, is amended to read as follows:
   §  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, 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  interested  therein,
 excepting jurors, witnesses, and officers of the court.
   §  49. 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.
   § 50. Subdivision 1 of section 210.16 of the criminal  procedure  law,
 as  added  by  chapter  571  of  the laws of 2007, is amended to read as
 follows:
   1. (a) In a case where an indictment or a superior  court  information
 has  been filed with a superior court which charges the defendant with a
 felony offense enumerated in any section of article one  hundred  thirty
 of  the  penal  law where an act of "[sexual intercourse] VAGINAL SEXUAL
 CONTACT", "oral sexual [conduct]  CONTACT"  or  "anal  sexual  [conduct]
 CONTACT," as those terms are defined in section 130.00 of the penal law,
 is  required  as  an  essential  element for the commission thereof, the
 court shall, upon a request of the victim within six months of the  date
 of  the crimes charged, order that the defendant submit to human immuno-
 deficiency virus (HIV) related testing. Testing of a defendant shall  be
 ordered when the result would provide medical benefit to the victim or a
 psychological benefit to the victim. Medical benefit shall be found when
 the  following  elements  are satisfied: (i) a decision is pending about
 beginning, continuing, or discontinuing a medical intervention  for  the
 victim;  and  (ii) the result of an HIV test of the accused could affect
 that decision, and could provide relevant information beyond that  which
 would be provided by an HIV test of the victim. If testing the defendant
 would  provide  medical benefit to the victim or a psychological benefit
 to the victim, then the testing is to be conducted by a  state,  county,
 or  local  public  health officer designated by the order. Test results,
 which shall not be disclosed to the court, shall be communicated to  the

 A. 794--C                          24
 
 defendant  and  the  victim  named  in  the order in accordance with the
 provisions of section twenty-seven hundred eighty-five-a of  the  public
 health law.
   (b)  For  the purposes of this section, the terms "victim" and "appli-
 cant" mean the person with whom the defendant is charged to have engaged
 in an act of "[sexual intercourse] VAGINAL SEXUAL CONTACT", "oral sexual
 [conduct] CONTACT" or "anal sexual [conduct] CONTACT",  as  those  terms
 are  defined in section 130.00 of the penal law, where such conduct with
 such victim was the basis for charging the  defendant  with  an  offense
 specified in paragraph (a) of this subdivision.
   §  51.  Subdivision 1 of section 390.15 of the criminal procedure law,
 as amended by chapter 264 of the laws of 2003, is  amended  to  read  as
 follows:
   1.  (a)  In  any  case  where  the  defendant is convicted of a felony
 offense enumerated in any section of article one hundred thirty  of  the
 penal  law,  or  any subdivision of section 130.20 of such law, where an
 act of "[sexual  intercourse]  VAGINAL  SEXUAL  CONTACT",  "oral  sexual
 [conduct]  CONTACT"  or  "anal sexual [conduct] CONTACT," as those terms
 are defined in section 130.00 of the penal law, is required as an essen-
 tial element for the commission thereof, the court must, upon a  request
 of the victim, order that the defendant submit to human immunodeficiency
 (HIV)  related testing. The testing is to be conducted by a state, coun-
 ty, or local  public  health  officer  designated  by  the  order.  Test
 results,  which  shall  not be disclosed to the court, shall be communi-
 cated to the defendant and the victim named in the order  in  accordance
 with the provisions of section twenty-seven hundred eighty-five-a of the
 public health law, but such results and disclosure need not be completed
 prior to the imposition of sentence.
   (b)   For  the  purposes  of  this  section,  the  terms  "defendant",
 "conviction" and "sentence" mean and include, respectively, an "eligible
 youth," a "youthful offender finding" and a "youthful offender sentence"
 as those terms are defined in section 720.10 of this chapter.  The  term
 "victim"  means  the person with whom the defendant engaged in an act of
 "[sexual intercourse] VAGINAL SEXUAL CONTACT",  "oral  sexual  [conduct]
 CONTACT"  or "anal sexual [conduct] CONTACT", as those terms are defined
 in section 130.00 of the penal law, where such conduct with such  victim
 was  the basis for the defendant's conviction of an offense specified in
 paragraph (a) of this subdivision.
   § 52. Subdivision 1 of section 347.1  of  the  family  court  act,  as
 amended  by  chapter  264  of  the  laws  of 2003, is amended to read as
 follows:
   1. (a) In any proceeding where the respondent  is  found  pursuant  to
 section  345.1  or  346.1  of  this  article, to have committed a felony
 offense enumerated in any section of article one hundred thirty  of  the
 penal  law,  or any subdivision of section 130.20 of such law, for which
 an act of "[sexual intercourse] VAGINAL SEXUAL  CONTACT",  "oral  sexual
 [conduct]  CONTACT"  or  "anal sexual [conduct] CONTACT", as those terms
 are defined in section 130.00 of the penal law, is required as an essen-
 tial element for the commission thereof, the court must, upon a  request
 of the victim, order that the respondent submit to human immunodeficien-
 cy  (HIV)  related  testing.  The testing is to be conducted by a state,
 county, or local public health officer designated  by  the  order.  Test
 results,  which  shall  not be disclosed to the court, shall be communi-
 cated to the respondent and the victim named in the order in  accordance
 with the provisions of section twenty-seven hundred eighty-five-a of the
 public health law.

 A. 794--C                          25
 
   (b)  For  the  purposes  of  this section, the term "victim" means the
 person with whom the respondent engaged in an  act  of  "[sexual  inter-
 course]  VAGINAL  SEXUAL  CONTACT",  "oral  sexual [conduct] CONTACT" or
 "anal sexual [conduct] CONTACT", as those terms are defined  in  section
 130.00  of  the  penal  law, where such conduct with such victim was the
 basis for the court's finding that the respondent committed acts consti-
 tuting one or more of the offenses specified in paragraph  (a)  of  this
 subdivision.
   §  53.  Subdivision (a) of section 130.16 of the penal law, as amended
 by chapter 264 of the laws of 2003, is amended to read as follows:
   (a) Establish that an attempt was made to engage the victim in [sexual
 intercourse] VAGINAL SEXUAL CONTACT, oral sexual [conduct] CONTACT, anal
 sexual [conduct] CONTACT, or sexual contact, as the case may be, at  the
 time of the occurrence; and
   §  54. Section 130.20 of the penal law, as amended by chapter 1 of the
 laws of 2000, subdivision 2 as amended by chapter 264  of  the  laws  of
 2003, is amended to read as follows:
 § 130.20 Sexual misconduct.
   A person is guilty of sexual misconduct when:
   1.  He  or  she engages in [sexual intercourse] VAGINAL SEXUAL CONTACT
 with another person without such person's consent; or
   2. He or she engages in oral sexual [conduct or anal  sexual  conduct]
 CONTACT with another person without such person's consent; or
   3.  HE OR SHE ENGAGES IN ANAL SEXUAL CONTACT WITH ANOTHER PERSON WITH-
 OUT SUCH PERSON'S CONSENT; OR
   4.  He or she engages in sexual conduct with an animal or a dead human
 body.
   Sexual misconduct is a class A misdemeanor.
   § 55. Paragraphs (a) and (b) of subdivision 1 of section 130.75 of the
 penal law, as amended by chapter 264 of the laws of 2003, are amended to
 read as follows:
   (a) he or she engages in two or more acts  of  sexual  conduct,  which
 includes  at  least  one  act  of  [sexual  intercourse]  VAGINAL SEXUAL
 CONTACT, oral sexual [conduct] CONTACT, anal sexual [conduct] CONTACT or
 aggravated sexual contact, with a child less than eleven years old; or
   (b) he or she, being eighteen years old or more,  engages  in  two  or
 more  acts  of sexual conduct, which include at least one act of [sexual
 intercourse] VAGINAL SEXUAL CONTACT, oral sexual [conduct] CONTACT, anal
 sexual [conduct] CONTACT or aggravated sexual contact, with a child less
 than thirteen years old.
   § 56. Subdivision 1 of section 235.00 of the penal law, as amended  by
 chapter 264 of the laws of 2003, is amended to read as follows:
   1.  "Obscene."  Any  material  or  performance is "obscene" if (a) the
 average person, applying contemporary community  standards,  would  find
 that  considered  as  a whole, its predominant appeal is to the prurient
 interest in sex, and (b) it depicts or describes in a patently offensive
 manner,  actual  or  simulated:  [sexual  intercourse]  VAGINAL   SEXUAL
 CONTACT, [criminal sexual act] ORAL SEXUAL CONTACT, ANAL SEXUAL CONTACT,
 sexual  bestiality,  masturbation,  sadism, masochism, excretion or lewd
 exhibition of the genitals, and (c) considered  as  a  whole,  it  lacks
 serious literary, artistic, political, and scientific value. Predominant
 appeal  shall  be  judged  with  reference  to ordinary adults unless it
 appears from the character of the material or the circumstances  of  its
 dissemination to be designed for children or other [specially] ESPECIAL-
 LY susceptible audience.

 A. 794--C                          26
 
   §  57. Subdivision 2 of section 235.22 of the penal law, as amended by
 chapter 264 of the laws of 2003, is amended to read as follows:
   2.  by means of such communication he importunes, invites or induces a
 minor to engage in [sexual intercourse]  VAGINAL  SEXUAL  CONTACT,  oral
 sexual  [conduct]  CONTACT  or  anal sexual [conduct] CONTACT, or sexual
 contact with him, or to engage in a sexual performance,  obscene  sexual
 performance, or sexual conduct for his benefit.
   §  58.  Section  255.25 of the penal law, as amended by chapter 320 of
 the laws of 2006, is amended to read as follows:
 § 255.25 Incest in the third degree.
   A person is guilty of incest in  the  third  degree  when  he  or  she
 marries  or engages in [sexual intercourse] VAGINAL SEXUAL CONTACT, oral
 sexual [conduct] CONTACT or anal sexual [conduct] CONTACT with 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 third degree is a class E felony.
   § 59. Subdivision 3 of section 263.00 of the penal law, as amended  by
 chapter 264 of the laws of 2003, is amended to read as follows:
   3.  "Sexual  conduct"  means  actual or simulated [sexual intercourse]
 VAGINAL SEXUAL CONTACT,  oral  sexual  [conduct]  CONTACT,  anal  sexual
 [conduct]CONTACT,   sexual  bestiality,  masturbation,  sado-masochistic
 abuse, or lewd exhibition of the genitals.
   § 60. Subdivision 3 of section 60.42 of the criminal procedure law, as
 amended by section 1 of part R of chapter 55 of the  laws  of  2019,  is
 amended to read as follows:
   3. rebuts evidence introduced by the people of the victim's failure to
 engage  in  [sexual  intercourse]  VAGINAL  SEXUAL  CONTACT, oral sexual
 [conduct] CONTACT, anal  sexual  [conduct]  CONTACT  or  sexual  contact
 during a given period of time; or
   §  61.  Subdivision  3  of  section  344.4 of the family court act, as
 amended by chapter 264 of the laws  of  2003,  is  amended  to  read  as
 follows:
   3.  rebuts  evidence  introduced  by  the  presentment  agency  of the
 victim's failure  to  engage  in  [sexual  intercourse]  VAGINAL  SEXUAL
 CONTACT, oral sexual [conduct] CONTACT, anal sexual [conduct] CONTACT or
 sexual contact during a given period of time; or
   §  62.  Subdivision 4 of section 170 of the domestic relations law, as
 amended by chapter 264 of the laws  of  2003,  is  amended  to  read  as
 follows:
   (4)  The  commission of an act of adultery, provided that adultery for
 the purposes of articles ten, eleven, and eleven-A of this  chapter,  is
 hereby defined as the commission of an act of [sexual intercourse] VAGI-
 NAL  SEXUAL  CONTACT,  oral  sexual  [conduct]  CONTACT  or  anal sexual
 [conduct] CONTACT, voluntarily performed by the defendant, with a person
 other than the plaintiff after the marriage of plaintiff and  defendant.
 Oral sexual [conduct] CONTACT and anal sexual [conduct] CONTACT include,
 but  are not limited to, sexual conduct as defined in subdivision two of
 section 130.00 and subdivision [three] FOUR of  section  130.20  of  the
 penal law.
   § 63.  The first undesignated paragraph of section 135.61 of the penal
 law, as added by section 2 of part NN of chapter 55 of the laws of 2018,
 is amended to read as follows:
   A  person  is  guilty  of coercion in the second degree when he or she
 commits the crime of coercion in the third degree as defined in  section
 135.60 of this article and thereby compels or induces a person to engage

 A. 794--C                          27
 
 in  [sexual  intercourse]  VAGINAL SEXUAL CONTACT, oral sexual [conduct]
 CONTACT or anal sexual [conduct] CONTACT as such terms  are  defined  in
 section [130 of the penal law] 130.00 OF THIS TITLE.
   §  64. The first undesignated paragraph of section 230.11 of the penal
 law, as added by chapter 368 of the laws of 2015, is amended to read  as
 follows:
   A  person is guilty of aggravated patronizing a minor for prostitution
 in the third degree when, being twenty-one years old or more, he or  she
 patronizes  a  person for prostitution and the person patronized is less
 than seventeen years old and the person guilty of patronizing engages in
 [sexual intercourse]  VAGINAL  SEXUAL  CONTACT,  oral  sexual  [conduct]
 CONTACT,  anal  sexual [conduct] CONTACT, or aggravated sexual [conduct]
 CONTACT as those terms are defined in section 130.00 of this part,  with
 the person patronized.
   §  65. The first undesignated paragraph of section 230.12 of the penal
 law, as added by chapter 368 of the laws of 2015, is amended to read  as
 follows:
   A  person is guilty of aggravated patronizing a minor for prostitution
 in the second degree when, being eighteen years old or more, he  or  she
 patronizes  a  person for prostitution and the person patronized is less
 than fifteen years old and the person guilty of patronizing  engages  in
 [sexual  intercourse]  VAGINAL  SEXUAL  CONTACT,  oral  sexual [conduct]
 CONTACT, anal sexual [conduct] CONTACT, or aggravated  sexual  [conduct]
 CONTACT  as those terms are defined in section 130.00 of this part, with
 the person patronized.
   § 66. The first undesignated paragraph of section 230.13 of the  penal
 law, as added by chapter 368 of  the laws of 2015, is amended to read as
 follows:
   A  person is guilty of aggravated patronizing a minor for prostitution
 in the first degree when he or she patronizes a person for  prostitution
 and  the person patronized is less than eleven years old, or being eigh-
 teen years old or more, he or she patronizes a person  for  prostitution
 and  the  person  patronized  is  less  than thirteen years old, and the
 person guilty of patronizing engages  in  [sexual  intercourse]  VAGINAL
 SEXUAL  CONTACT,  oral  sexual  [conduct] CONTACT, anal sexual [conduct]
 CONTACT, or aggravated sexual  [conduct]  CONTACT  as  those  terms  are
 defined in section 130.00 of this part, with the person patronized.
   §  67.  Subdivision 4 of section 200 of the domestic relations law, as
 amended by chapter 264 of the laws  of  2003,  is  amended  to  read  as
 follows:
   4. The commission of an act of adultery by the defendant; except where
 such  offense  is committed by the procurement or with the connivance of
 the plaintiff or where there is voluntary cohabitation  of  the  parties
 with  the  knowledge  of  the  offense or where action was not commenced
 within five years after the discovery by the plaintiff  of  the  offense
 charged  or  where  the plaintiff has also been guilty of adultery under
 such circumstances that the defendant would have been entitled, if inno-
 cent, to a divorce, provided that adultery  for  the  purposes  of  this
 subdivision  is  hereby  defined  as the commission of an act of [sexual
 intercourse] VAGINAL SEXUAL CONTACT, oral sexual  [conduct]  CONTACT  or
 anal  sexual  [conduct] CONTACT, voluntarily performed by the defendant,
 with a person other than the plaintiff after the marriage  of  plaintiff
 and  defendant.  Oral sexual [conduct] CONTACT and anal sexual [conduct]
 CONTACT include, but are not limited to, sexual conduct  as  defined  in
 subdivision  two  of  section  130.00  and  subdivision  [three] FOUR of
 section 130.20 of the penal law.

 A. 794--C                          28
 
   § 68. This act shall take effect January 1, 2021 and  shall  apply  to
 any  offense on or after such effective date; provided, however, that if
 section 1-a of part JJJ of chapter 59 of the laws of 2019 shall not have
 taken effect on or before such date then section  twenty-six-a  of  this
 act  shall  take  effect on the same date and in the same manner as such
 chapter of the laws of 2019, takes  effect.    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.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  794--D
                                                          Cal. No. 40
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2019
                                ___________
 
 Introduced  by M. of A. SIMOTAS, COLTON, AUBRY, ENGLEBRIGHT, BRAUNSTEIN,
   DenDEKKER, JAFFEE, PERRY, COOK, WEPRIN, SANTABARBARA,  ROZIC,  HEVESI,
   QUART,  LIFTON,  OTIS,  MOSLEY,  FAHY,  SEAWRIGHT,  TAYLOR, ZEBROWSKI,
   L. ROSENTHAL, REYES, CRUZ -- Multi-Sponsored by -- M.  of  A.  ARROYO,
   BUCHWALD,  FINCH,  FITZPATRICK,  GALEF,  GLICK,  LUPARDO, MALLIOTAKIS,
   McDONOUGH, MONTESANO, PEOPLES-STOKES, RA -- read once and referred  to
   the  Committee on Codes -- committee discharged, bill amended, ordered
   reprinted as amended  and  recommitted  to  said  committee  --  again
   reported  from  said  committee  with amendments, ordered reprinted as
   amended and recommitted to said committee -- reported and referred  to
   the Committee on Rules -- ordered to a third reading, passed by Assem-
   bly and delivered to the Senate, recalled from the Senate, vote recon-
   sidered,  bill  amended, ordered reprinted, retaining its place on the
   special order of third reading -- ordered to a third reading,  amended
   and ordered reprinted, retaining its place on the order of third read-
   ing
 
 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, the judiciary law and the
   domestic relations 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.
   § 2. Subdivisions 1 and 2 of section 130.00 of the penal law, subdivi-
 sion  2  as  amended  by chapter 264 of the laws of 2003, are amended to
 read as follows:
   1. "[Sexual intercourse] VAGINAL SEXUAL  CONTACT"  [has  its  ordinary
 meaning  and  occurs upon any penetration, however slight] MEANS CONDUCT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD01481-09-0

 A. 794--D                           2
 
 BETWEEN PERSONS CONSISTING OF CONTACT BETWEEN THE PENIS AND  THE  VAGINA
 OR VULVA.
   2.  (a)  "Oral sexual [conduct] CONTACT" means conduct between persons
 consisting of contact between the mouth and the penis, the mouth and the
 anus, or the mouth and the vulva or vagina.
   (b) "Anal sexual [conduct]  CONTACT"  means  conduct  between  persons
 consisting of contact between the penis and anus.
   §  3.  Section 130.25 of the penal law, as amended by chapter 1 of the
 laws of 2000, is amended to read as follows:
 § 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]  VAGINAL  SEXUAL  CONTACT
 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 CONTACT WITH ANOTHER PERSON WHO IS
 INCAPABLE OF CONSENT BY REASON OF SOME FACTOR OTHER THAN BEING LESS THAN
 SEVENTEEN YEARS OLD;
   3. HE OR SHE ENGAGES IN ANAL SEXUAL CONTACT WITH ANOTHER PERSON WHO IS
 INCAPABLE  OF  CONSENT  BY  REASON OF SOME OTHER FACTOR OTHER THAN BEING
 LESS THAN SEVENTEEN YEARS OLD;
   4. Being twenty-one years old or more, he or she  engages  in  [sexual
 intercourse] VAGINAL SEXUAL CONTACT with another person less than seven-
 teen years old; [or
   3.]  5.  BEING TWENTY-ONE YEARS OLD OR MORE, HE OR SHE ENGAGES IN ORAL
 SEXUAL CONTACT WITH ANOTHER PERSON LESS THAN SEVENTEEN YEARS OLD;
   6. BEING TWENTY-ONE YEARS OLD OR MORE, HE OR SHE ENGAGES IN ANAL SEXU-
 AL CONTACT WITH ANOTHER PERSON LESS THAN SEVENTEEN YEARS OLD;
   7. He or she engages in [sexual intercourse]  VAGINAL  SEXUAL  CONTACT
 with  another  person  without  such person's consent where such lack of
 consent is by reason of some factor other than incapacity to consent[.];
   8. HE OR SHE ENGAGES IN ORAL SEXUAL CONTACT WITH ANOTHER PERSON  WITH-
 OUT  SUCH  PERSON'S  CONSENT  WHERE SUCH LACK OF CONSENT IS BY REASON OF
 SOME FACTOR OTHER THAN INCAPACITY TO CONSENT; OR
   9. HE OR SHE ENGAGES IN ANAL SEXUAL CONTACT WITH ANOTHER PERSON  WITH-
 OUT  SUCH  PERSON'S  CONSENT  WHERE SUCH LACK OF CONSENT IS BY REASON OF
 SOME FACTOR OTHER THAN THE INCAPACITY TO CONSENT.
   Rape in the third degree is a class E felony.
   § 4. Section 130.30 of the penal law, as amended by chapter 1  of  the
 laws of 2000, is amended to read as follows:
 § 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] VAGINAL  SEXUAL  CONTACT  with  another  person  less  than
 fifteen years old; [or]
   2.  BEING EIGHTEEN YEARS OLD OR MORE, HE OR SHE ENGAGES IN ORAL SEXUAL
 CONTACT WITH ANOTHER PERSON LESS THAN FIFTEEN YEARS OLD;
   3. BEING EIGHTEEN YEARS OLD OR MORE, HE OR SHE ENGAGES IN ANAL  SEXUAL
 CONTACT WITH ANOTHER PERSON LESS THAN FIFTEEN YEARS OLD;
   4.  he  or  she engages in [sexual intercourse] VAGINAL SEXUAL CONTACT
 with another person who is incapable  of  consent  by  reason  of  being
 mentally disabled or mentally incapacitated[.];
   5. HE OR SHE ENGAGES IN ORAL SEXUAL CONTACT WITH ANOTHER PERSON WHO IS
 INCAPABLE  OF  CONSENT  BY REASON OF BEING MENTALLY DISABLED OR MENTALLY
 INCAPACITATED; OR

 A. 794--D                           3
 
   6. HE OR SHE ENGAGES IN ANAL SEXUAL CONTACT 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, TWO  AND  THREE  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.
   § 5. Section 130.35 of the penal law, as amended by chapter 1  of  the
 laws of 2000, is amended to read as follows:
 § 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] VAGINAL SEXUAL CONTACT
 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 ENGAGES IN ORAL SEXUAL CONTACT 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; OR
   3. HE OR SHE ENGAGES IN ANAL SEXUAL CONTACT 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.
   §  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);
 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, PARAGRAPHS (A) AND (B)
 OF SUBDIVISION two, AND PARAGRAPHS (A) AND (B) OF SUBDIVISION  THREE  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

 A. 794--D                           4
 
 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.
   §  7.  Subdivision  2 of section 30.00 of the penal law, as amended by
 section 38 of part WWW of chapter 59 of the laws of 2017, 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 this chapter; 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,  PARAGRAPHS  (A)  AND (B) OF SUBDIVISION two AND PARAGRAPHS (A) AND
 (B) OF SUBDIVISION THREE 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 this chapter.
   § 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
   §  9.    Paragraph  (c) of subdivision 1 of section 70.02 of the penal
 law, as amended by chapter 134 of the laws of 2019, is amended  to  read
 as follows:
   (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, labor trafficking as defined  in

 A. 794--D                           5
 
 paragraphs  (a) and (b) of subdivision three of section 135.35, 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 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,  aggravated  unpermitted use of indoor pyrotechnics in the first
 degree as defined in section 405.18, and criminal manufacture, sale,  or
 transport  of  an  undetectable  firearm, rifle or shotgun as defined in
 section 265.50.
   § 10. 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;
   § 11. 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]  SUBDIVISION  SEVEN,  EIGHT  OR NINE of section
 130.25, [or criminal sexual act in the third degree as defined in subdi-
 vision three of section 130.40,] in addition to forcible VAGINAL  SEXUAL
 CONTACT compulsion, circumstances under which, at the time of the act of
 intercourse,  oral  sexual  [conduct]  CONTACT  or anal sexual [conduct]
 CONTACT, 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  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
   §  12. 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:

 A. 794--D                           6

   §  13. 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
 fourteen years old, he or she intentionally causes  the  death  of  such
 person.
   §  14. 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
   § 15. 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.
   § 16. 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
   § 17. 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. 794--D                           7
 
   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
 child in the first degree, as defined in this article, and the victim is
 less than thirteen years old.
   §  18. Subdivision 2 of section 240.75 of the penal law, as amended by
 section 8 of part NN of chapter 55 of the laws of 2018,  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  (criminal
 sexual  act  in  the  first degree); section 130.52 (forcible touching);
 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  third
 degree);  section 135.61 (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  (harass-
 ment  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.

 A. 794--D                           8
 
   §  19. Section 255.26 of the penal law, as added by chapter 320 of the
 laws of 2006, is amended to read as follows:
 § 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
 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.
   § 20. Section 255.27 of the penal law, as added by chapter 320 of  the
 laws of 2006, is amended to read as follows:
 § 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, PARAGRAPH (C) OR (D) OF
 SUBDIVISION TWO OR PARAGRAPH (C) OR (D) OF SUBDIVISION THREE 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 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.
   §  21. Subdivision 3 of section 485.05 of the penal law, as amended by
 section 9 of part NN of chapter 55 of the laws of 2018,  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, PARAGRAPH (A) OF SUBDI-
 VISION  TWO  AND  PARAGRAPH  (A)  OF SUBDIVISION THREE of section 130.35
 (rape in the first degree); subdivision 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  third
 degree);  section 135.61 (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);

 A. 794--D                           9
 
 section  140.17  (criminal trespass in the first degree); section 140.20
 (burglary in the third degree); section 140.25 (burglary in  the  second
 degree);  section  140.30 (burglary in the first degree); section 145.00
 (criminal  mischief  in  the  fourth  degree);  section 145.05 (criminal
 mischief in the third degree); section 145.10 (criminal mischief in  the
 second  degree); section 145.12 (criminal mischief in the first degree);
 section 150.05 (arson in the fourth degree); section  150.10  (arson  in
 the  third degree); section 150.15 (arson in the second degree); section
 150.20 (arson in the first  degree);  section  155.25  (petit  larceny);
 section  155.30  (grand  larceny  in  the fourth degree); section 155.35
 (grand larceny in the third degree); section 155.40  (grand  larceny  in
 the  second degree); section 155.42 (grand larceny in the first degree);
 section 160.05 (robbery in the third degree); section 160.10 (robbery in
 the second degree);  section  160.15  (robbery  in  the  first  degree);
 section 240.25 (harassment in the first degree); subdivision one, two or
 four  of section 240.30 (aggravated harassment in the second degree); or
 any attempt or conspiracy to commit any of the foregoing offenses.
   § 22. 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, PARAGRAPHS (A) AND (B) OF SUBDIVISION two AND PARA-
 GRAPHS (A) AND (B) OF SUBDIVISION THREE 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.
   § 23. 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

 A. 794--D                          10
 
 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,
 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
   § 24. 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:
   §  25.  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:
   § 26. Paragraph (a) of subdivision 1 of section 150.20 of the criminal
 procedure  law,  as  amended by section 1-a of part JJJ of chapter 59 of
 the laws of 2019, is amended to read as follows:
   (a) Whenever a police officer is authorized pursuant to section 140.10
 of this title 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  shall,
 except  as  set out in paragraph (b) of this subdivision, subject to the
 provisions of subdivisions three and four  of  section  150.40  of  this
 title, instead issue to and serve upon such person an appearance ticket.

 A. 794--D                          11
 
   § 27. 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, PARAGRAPHS (A) AND (B) OF SUBDIVISION two AND PARA-
 GRAPHS (A) AND (B) OF SUBDIVISION THREE 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; [subdi-
 vision 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.
   § 28. Subdivision 4 of section 722.20 of the criminal  procedure  law,
 as  added  by section 1-a of part WWW of chapter 59 of the laws of 2017,
 is amended to read as follows:
   4. Notwithstanding the provisions of subdivisions  two  and  three  of
 this  section, the court shall, at the request of the district attorney,
 order removal of an action against a juvenile  offender  to  the  family
 court pursuant to the provisions of article seven hundred twenty-five of
 this  title if, upon consideration of the criteria specified in subdivi-
 sion two of section 722.22 of this article, 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, PARAGRAPH (A) OF SUBDI-
 VISION TWO AND PARAGRAPH (A) OF SUBDIVISION THREE 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 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

 A. 794--D                          12

 was relatively minor although not so minor as to constitute a defense to
 the prosecution; or (iii) possible deficiencies in proof of the crime.
   §  29.  Subdivision 5 of section 722.21 of the criminal procedure law,
 as added by section 1-a of part WWW of chapter 59 of the laws  of  2017,
 is amended to read as follows:
   5.  Notwithstanding subdivisions two and three of this section, at the
 request of the district attorney, the court shall order  removal  of  an
 action  against an adolescent offender charged with an offense listed in
 paragraph (a) of subdivision two of section 722.23 of this  article,  to
 the  family  court  pursuant  to the provisions of article seven hundred
 twenty-five of this title and upon consideration of the criteria  speci-
 fied  in subdivision two of section 722.22 of this article, it is deter-
 mined that to do so would be in the interests of justice. Where,  howev-
 er,  the felony complaint charges the adolescent 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,  PARA-
 GRAPH  (A)  OF SUBDIVISION TWO AND PARAGRAPH (A) OF SUBDIVISION THREE 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 chapter, a determination that such
 action be removed to the family court shall, in addition, be based  upon
 a  finding  of  one  or  more  of  the following factors: (i) mitigating
 circumstances that bear directly upon the manner in which the crime  was
 committed;  or  (ii) where the defendant was not the sole participant in
 the crime, the defendant's participation was relatively  minor  although
 not  so  minor  as  to constitute a defense to the prosecution; or (iii)
 possible deficiencies in proof of the crime.
   § 30. Paragraph (b) of subdivision 1 of section 722.22 of the criminal
 procedure law, as added by section 1-a of part WWW of chapter 59 of  the
 laws of 2017, 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,
 PARAGRAPH (A) OF SUBDIVISION TWO AND PARAGRAPH (A) OF SUBDIVISION  THREE
 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 chapter, to the family court  pursuant
 to  the provisions of article seven hundred twenty-five of this title 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 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.
   § 31. 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-

 A. 794--D                          13
 
 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,
 PARAGRAPH  (A) OF SUBDIVISION TWO AND PARAGRAPH (A) OF SUBDIVISION THREE
 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.
   §  32.  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 SEVEN,  EIGHT  AND
 NINE  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] ANY such offense may be submit-
 ted 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.
   § 32-a. Subdivision 6 of section 380.50 of the criminal procedure law,
 as separately amended by chapters 368 and 394 of the laws  of  2015,  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, 230.11, 230.12, 230.13, subdivi-
 sion 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,
 prepared and distributed by the commissioner of the division of criminal
 justice  services,  in  consultation  with the director of the office of
 victim services, 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

 A. 794--D                          14
 
 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.
   § 33.  Paragraph (b) of subdivision 8 of section 700.05 of the  crimi-
 nal  procedure  law,  as  amended by chapter 134 of the laws of 2019, 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, 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,  [crimi-
 nal  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,  aggravated labor trafficking as defined in section
 135.37 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

 A. 794--D                          15
 
 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  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,  sex  trafficking  of a child as defined in section 230.34-a of the
 penal law, criminal possession of  a  weapon  in  the  third  degree  as
 defined  in  subdivisions  two,  three and five of section 265.02 of the
 penal law, criminal possession of a  weapon  in  the  second  degree  as
 defined  in  section  265.03  of the penal law, criminal possession of a
 weapon in the first degree as defined in section  265.04  of  the  penal
 law,  manufacture,  transport, disposition and defacement of weapons and
 dangerous instruments and appliances defined as felonies in subdivisions
 one, two, and three of section 265.10 of the penal law, sections 265.11,
 265.12 and 265.13 of the penal law, or  prohibited  use  of  weapons  as

 A. 794--D                          16
 
 defined  in subdivision two of section 265.35 of the penal law, relating
 to firearms and other dangerous weapons, criminal manufacture,  sale  or
 transport  of  an  undetectable  firearm, rifle or shotgun as defined in
 section  265.50 of the penal law, or failure to disclose the origin of a
 recording in the first degree as defined in section 275.40 of the  penal
 law;
   § 34. 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
 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
   §  35. 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, subparagraph (i) of para-
 graph (a) of subdivision 2 as amended by chapter 189 of the laws of 2018
 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, 230.34-a 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  seven-
 teen  years  of age, 230.05, 230.06, 230.11, 230.12, 230.13, subdivision
 two of section 230.30, section 230.32, 230.33, or 230.34  of  the  penal
 law,  or section 230.25 of the penal law where the person prostituted is
 in fact less than seventeen years old, 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
   §  36.  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, 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

 A. 794--D                          17
 
 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,
 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.
   § 37. Paragraphs (a) and (b) of subdivision 4 of section 509-cc of the
 vehicle and traffic law, paragraph (a) as amended by chapter 189 of  the
 laws  of 2018 and paragraph (b) 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,

 A. 794--D                          18
 
 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,  230.34-a,  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,]  130.53,  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.
   §  38.  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

 A. 794--D                          19
 
 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.
   § 39. Paragraph (ii) of subdivision 8 of section 301.2 of  the  family
 court  act,  as  amended  by section 57 of part WWW of chapter 59 of the
 laws of 2017, 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,  fifteen, or sixteen, or, commencing October first,
 two thousand nineteen, seventeen years of age; or such conduct committed
 as a sexually motivated felony, where  authorized  pursuant  to  section
 130.91 of the penal law;
   §  40.  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]  SUBDIVISIONS one, TWO AND THREE 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.
   § 41. 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

 A. 794--D                          20

 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.
   §  42. 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.
   §  43. 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.
   § 44. 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

 A. 794--D                          21
 
 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.
   § 45. Section 213-c of the civil practice law and rules, as amended by
 chapter 315 of the laws of 2019, is amended to read as follows:
   §  213-c.  Action  by  victim  of  conduct constituting certain sexual
 offenses. Notwithstanding any other limitation set forth in  this  arti-
 cle,  except as provided in subdivision (b) of section two hundred eight
 of this article, all civil claims or causes of  action  brought  by  any
 person for physical, psychological or other injury or condition suffered
 by such person as a result of conduct which would constitute rape in the
 first  degree  as defined in section 130.35 of the penal law, or rape in
 the second degree as defined in subdivision two of section 130.30 of the
 penal law, or rape in the third degree as defined in subdivision one  or
 three of section 130.25 of the penal law, [or criminal sexual act in the
 first  degree as defined in section 130.50 of the penal law, or criminal
 sexual act in the second degree as defined in subdivision two of section
 130.45 of the penal law, or criminal sexual act in the third  degree  as
 defined in subdivision one or three of section 130.40 of the penal law,]
 or  incest in the first degree as defined in section 255.27 of the penal
 law, or incest in the second degree as defined in section 255.26 of  the
 penal  law  (where  the  crime committed is rape in the second degree as
 defined in subdivision two of section 130.30 of the penal law or  crimi-
 nal  sexual  act  in  the second degree as defined in subdivision two of
 section 130.45), 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 against any party whose intentional or negli-
 gent acts or omissions are alleged to have resulted in the commission of
 the said conduct, within twenty years. 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.
   § 46. 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

 A. 794--D                          22
 
 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.
   §  47.  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 OR PARAGRAPH (A) OR (B) OF SUBDIVISION THREE 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 crimi-
 nal activity.
   § 48. Section 4 of the judiciary law, as amended by chapter 1  of  the
 laws of 2019, is amended to read as follows:
   §  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, 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  interested  therein,
 excepting jurors, witnesses, and officers of the court.
   §  49. 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.
   § 50. Subdivision 1 of section 210.16 of the criminal  procedure  law,
 as  added  by  chapter  571  of  the laws of 2007, is amended to read as
 follows:
   1. (a) In a case where an indictment or a superior  court  information
 has  been filed with a superior court which charges the defendant with a
 felony offense enumerated in any section of article one  hundred  thirty
 of  the  penal  law where an act of "[sexual intercourse] VAGINAL SEXUAL
 CONTACT", "oral sexual [conduct]  CONTACT"  or  "anal  sexual  [conduct]
 CONTACT," as those terms are defined in section 130.00 of the penal law,
 is  required  as  an  essential  element for the commission thereof, the
 court shall, upon a request of the victim within six months of the  date
 of  the crimes charged, order that the defendant submit to human immuno-
 deficiency virus (HIV) related testing. Testing of a defendant shall  be
 ordered when the result would provide medical benefit to the victim or a
 psychological benefit to the victim. Medical benefit shall be found when
 the  following  elements  are satisfied: (i) a decision is pending about
 beginning, continuing, or discontinuing a medical intervention  for  the

 A. 794--D                          23
 
 victim;  and  (ii) the result of an HIV test of the accused could affect
 that decision, and could provide relevant information beyond that  which
 would be provided by an HIV test of the victim. If testing the defendant
 would  provide  medical benefit to the victim or a psychological benefit
 to the victim, then the testing is to be conducted by a  state,  county,
 or  local  public  health officer designated by the order. Test results,
 which shall not be disclosed to the court, shall be communicated to  the
 defendant  and  the  victim  named  in  the order in accordance with the
 provisions of section twenty-seven hundred eighty-five-a of  the  public
 health law.
   (b)  For  the purposes of this section, the terms "victim" and "appli-
 cant" mean the person with whom the defendant is charged to have engaged
 in an act of "[sexual intercourse] VAGINAL SEXUAL CONTACT", "oral sexual
 [conduct] CONTACT" or "anal sexual [conduct] CONTACT",  as  those  terms
 are  defined in section 130.00 of the penal law, where such conduct with
 such victim was the basis for charging the  defendant  with  an  offense
 specified in paragraph (a) of this subdivision.
   §  51.  Subdivision 1 of section 390.15 of the criminal procedure law,
 as amended by chapter 264 of the laws of 2003, is  amended  to  read  as
 follows:
   1.  (a)  In  any  case  where  the  defendant is convicted of a felony
 offense enumerated in any section of article one hundred thirty  of  the
 penal  law,  or  any subdivision of section 130.20 of such law, where an
 act of "[sexual  intercourse]  VAGINAL  SEXUAL  CONTACT",  "oral  sexual
 [conduct]  CONTACT"  or  "anal sexual [conduct] CONTACT," as those terms
 are defined in section 130.00 of the penal law, is required as an essen-
 tial element for the commission thereof, the court must, upon a  request
 of the victim, order that the defendant submit to human immunodeficiency
 (HIV)  related testing. The testing is to be conducted by a state, coun-
 ty, or local  public  health  officer  designated  by  the  order.  Test
 results,  which  shall  not be disclosed to the court, shall be communi-
 cated to the defendant and the victim named in the order  in  accordance
 with the provisions of section twenty-seven hundred eighty-five-a of the
 public health law, but such results and disclosure need not be completed
 prior to the imposition of sentence.
   (b)   For  the  purposes  of  this  section,  the  terms  "defendant",
 "conviction" and "sentence" mean and include, respectively, an "eligible
 youth," a "youthful offender finding" and a "youthful offender sentence"
 as those terms are defined in section 720.10 of this chapter.  The  term
 "victim"  means  the person with whom the defendant engaged in an act of
 "[sexual intercourse] VAGINAL SEXUAL CONTACT",  "oral  sexual  [conduct]
 CONTACT"  or "anal sexual [conduct] CONTACT", as those terms are defined
 in section 130.00 of the penal law, where such conduct with such  victim
 was  the basis for the defendant's conviction of an offense specified in
 paragraph (a) of this subdivision.
   § 52. Subdivision 1 of section 347.1  of  the  family  court  act,  as
 amended  by  chapter  264  of  the  laws  of 2003, is amended to read as
 follows:
   1. (a) In any proceeding where the respondent  is  found  pursuant  to
 section  345.1  or  346.1  of  this  article, to have committed a felony
 offense enumerated in any section of article one hundred thirty  of  the
 penal  law,  or any subdivision of section 130.20 of such law, for which
 an act of "[sexual intercourse] VAGINAL SEXUAL  CONTACT",  "oral  sexual
 [conduct]  CONTACT"  or  "anal sexual [conduct] CONTACT", as those terms
 are defined in section 130.00 of the penal law, is required as an essen-
 tial element for the commission thereof, the court must, upon a  request

 A. 794--D                          24
 
 of the victim, order that the respondent submit to human immunodeficien-
 cy  (HIV)  related  testing.  The testing is to be conducted by a state,
 county, or local public health officer designated  by  the  order.  Test
 results,  which  shall  not be disclosed to the court, shall be communi-
 cated to the respondent and the victim named in the order in  accordance
 with the provisions of section twenty-seven hundred eighty-five-a of the
 public health law.
   (b)  For  the  purposes  of  this section, the term "victim" means the
 person with whom the respondent engaged in an  act  of  "[sexual  inter-
 course]  VAGINAL  SEXUAL  CONTACT",  "oral  sexual [conduct] CONTACT" or
 "anal sexual [conduct] CONTACT", as those terms are defined  in  section
 130.00  of  the  penal  law, where such conduct with such victim was the
 basis for the court's finding that the respondent committed acts consti-
 tuting one or more of the offenses specified in paragraph  (a)  of  this
 subdivision.
   §  53.  Subdivision (a) of section 130.16 of the penal law, as amended
 by chapter 264 of the laws of 2003, is amended to read as follows:
   (a) Establish that an attempt was made to engage the victim in [sexual
 intercourse] VAGINAL SEXUAL CONTACT, oral sexual [conduct] CONTACT, anal
 sexual [conduct] CONTACT, or sexual contact, as the case may be, at  the
 time of the occurrence; and
   §  54. Section 130.20 of the penal law, as amended by chapter 1 of the
 laws of 2000, subdivision 2 as amended by chapter 264  of  the  laws  of
 2003, is amended to read as follows:
 § 130.20 Sexual misconduct.
   A person is guilty of sexual misconduct when:
   1.  He  or  she engages in [sexual intercourse] VAGINAL SEXUAL CONTACT
 with another person without such person's consent; or
   2. He or she engages in oral sexual [conduct or anal  sexual  conduct]
 CONTACT with another person without such person's consent; or
   3.  HE OR SHE ENGAGES IN ANAL SEXUAL CONTACT WITH ANOTHER PERSON WITH-
 OUT SUCH PERSON'S CONSENT; OR
   4.  He or she engages in sexual conduct with an animal or a dead human
 body.
   Sexual misconduct is a class A misdemeanor.
   § 55. Paragraphs (a) and (b) of subdivision 1 of section 130.75 of the
 penal law, as amended by chapter 264 of the laws of 2003, are amended to
 read as follows:
   (a) he or she engages in two or more acts  of  sexual  conduct,  which
 includes  at  least  one  act  of  [sexual  intercourse]  VAGINAL SEXUAL
 CONTACT, oral sexual [conduct] CONTACT, anal sexual [conduct] CONTACT or
 aggravated sexual contact, with a child less than eleven years old; or
   (b) he or she, being eighteen years old or more,  engages  in  two  or
 more  acts  of sexual conduct, which include at least one act of [sexual
 intercourse] VAGINAL SEXUAL CONTACT, oral sexual [conduct] CONTACT, anal
 sexual [conduct] CONTACT or aggravated sexual contact, with a child less
 than thirteen years old.
   § 56. Subdivision 1 of section 235.00 of the penal law, as amended  by
 chapter 264 of the laws of 2003, is amended to read as follows:
   1.  "Obscene."  Any  material  or  performance is "obscene" if (a) the
 average person, applying contemporary community  standards,  would  find
 that  considered  as  a whole, its predominant appeal is to the prurient
 interest in sex, and (b) it depicts or describes in a patently offensive
 manner,  actual  or  simulated:  [sexual  intercourse]  VAGINAL   SEXUAL
 CONTACT, [criminal sexual act] ORAL SEXUAL CONTACT, ANAL SEXUAL CONTACT,
 sexual  bestiality,  masturbation,  sadism, masochism, excretion or lewd

 A. 794--D                          25
 
 exhibition of the genitals, and (c) considered  as  a  whole,  it  lacks
 serious literary, artistic, political, and scientific value. Predominant
 appeal  shall  be  judged  with  reference  to ordinary adults unless it
 appears  from  the character of the material or the circumstances of its
 dissemination to be designed for children or other [specially] ESPECIAL-
 LY susceptible audience.
   § 57. Subdivision 2 of section 235.22 of the penal law, as amended  by
 chapter 264 of the laws of 2003, is amended to read as follows:
   2.  by means of such communication he importunes, invites or induces a
 minor to engage in [sexual intercourse]  VAGINAL  SEXUAL  CONTACT,  oral
 sexual  [conduct]  CONTACT  or  anal sexual [conduct] CONTACT, or sexual
 contact with him, or to engage in a sexual performance,  obscene  sexual
 performance, or sexual conduct for his benefit.
   §  58.  Section  255.25 of the penal law, as amended by chapter 320 of
 the laws of 2006, is amended to read as follows:
 § 255.25 Incest in the third degree.
   A person is guilty of incest in  the  third  degree  when  he  or  she
 marries  or engages in [sexual intercourse] VAGINAL SEXUAL CONTACT, oral
 sexual [conduct] CONTACT or anal sexual [conduct] CONTACT with 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 third degree is a class E felony.
   § 59. Subdivision 3 of section 263.00 of the penal law, as amended  by
 chapter 264 of the laws of 2003, is amended to read as follows:
   3.  "Sexual  conduct"  means  actual or simulated [sexual intercourse]
 VAGINAL SEXUAL CONTACT,  oral  sexual  [conduct]  CONTACT,  anal  sexual
 [conduct]CONTACT,   sexual  bestiality,  masturbation,  sado-masochistic
 abuse, or lewd exhibition of the genitals.
   § 60. Subdivision 3 of section 60.42 of the criminal procedure law, as
 amended by section 1 of part R of chapter 55 of the  laws  of  2019,  is
 amended to read as follows:
   3. rebuts evidence introduced by the people of the victim's failure to
 engage  in  [sexual  intercourse]  VAGINAL  SEXUAL  CONTACT, oral sexual
 [conduct] CONTACT, anal  sexual  [conduct]  CONTACT  or  sexual  contact
 during a given period of time; or
   §  61.  Subdivision  3  of  section  344.4 of the family court act, as
 amended by chapter 264 of the laws  of  2003,  is  amended  to  read  as
 follows:
   3.  rebuts  evidence  introduced  by  the  presentment  agency  of the
 victim's failure  to  engage  in  [sexual  intercourse]  VAGINAL  SEXUAL
 CONTACT, oral sexual [conduct] CONTACT, anal sexual [conduct] CONTACT or
 sexual contact during a given period of time; or
   §  62.  Subdivision 4 of section 170 of the domestic relations law, as
 amended by chapter 264 of the laws  of  2003,  is  amended  to  read  as
 follows:
   (4)  The  commission of an act of adultery, provided that adultery for
 the purposes of articles ten, eleven, and eleven-A of this  chapter,  is
 hereby defined as the commission of an act of [sexual intercourse] VAGI-
 NAL  SEXUAL  CONTACT,  oral  sexual  [conduct]  CONTACT  or  anal sexual
 [conduct] CONTACT, voluntarily performed by the defendant, with a person
 other than the plaintiff after the marriage of plaintiff and  defendant.
 Oral sexual [conduct] CONTACT and anal sexual [conduct] CONTACT include,
 but  are not limited to, sexual conduct as defined in subdivision two of
 section 130.00 and subdivision [three] FOUR of  section  130.20  of  the
 penal law.

 A. 794--D                          26
 
   § 63.  The first undesignated paragraph of section 135.61 of the penal
 law, as added by section 2 of part NN of chapter 55 of the laws of 2018,
 is amended to read as follows:
   A  person  is  guilty  of coercion in the second degree when he or she
 commits the crime of coercion in the third degree as defined in  section
 135.60 of this article and thereby compels or induces a person to engage
 in  [sexual  intercourse]  VAGINAL SEXUAL CONTACT, oral sexual [conduct]
 CONTACT or anal sexual [conduct] CONTACT as such terms  are  defined  in
 section [130 of the penal law] 130.00 OF THIS TITLE.
   §  64. The first undesignated paragraph of section 230.11 of the penal
 law, as added by chapter 368 of the laws of 2015, is amended to read  as
 follows:
   A  person is guilty of aggravated patronizing a minor for prostitution
 in the third degree when, being twenty-one years old or more, he or  she
 patronizes  a  person for prostitution and the person patronized is less
 than seventeen years old and the person guilty of patronizing engages in
 [sexual intercourse]  VAGINAL  SEXUAL  CONTACT,  oral  sexual  [conduct]
 CONTACT,  anal  sexual [conduct] CONTACT, or aggravated sexual [conduct]
 CONTACT as those terms are defined in section 130.00 of this part,  with
 the person patronized.
   §  65. The first undesignated paragraph of section 230.12 of the penal
 law, as added by chapter 368 of the laws of 2015, is amended to read  as
 follows:
   A  person is guilty of aggravated patronizing a minor for prostitution
 in the second degree when, being eighteen years old or more, he  or  she
 patronizes  a  person for prostitution and the person patronized is less
 than fifteen years old and the person guilty of patronizing  engages  in
 [sexual  intercourse]  VAGINAL  SEXUAL  CONTACT,  oral  sexual [conduct]
 CONTACT, anal sexual [conduct] CONTACT, or aggravated  sexual  [conduct]
 CONTACT  as those terms are defined in section 130.00 of this part, with
 the person patronized.
   § 66. The first undesignated paragraph of section 230.13 of the  penal
 law, as added by chapter 368 of  the laws of 2015, is amended to read as
 follows:
   A  person is guilty of aggravated patronizing a minor for prostitution
 in the first degree when he or she patronizes a person for  prostitution
 and  the person patronized is less than eleven years old, or being eigh-
 teen years old or more, he or she patronizes a person  for  prostitution
 and  the  person  patronized  is  less  than thirteen years old, and the
 person guilty of patronizing engages  in  [sexual  intercourse]  VAGINAL
 SEXUAL  CONTACT,  oral  sexual  [conduct] CONTACT, anal sexual [conduct]
 CONTACT, or aggravated sexual  [conduct]  CONTACT  as  those  terms  are
 defined in section 130.00 of this part, with the person patronized.
   §  67.  Subdivision 4 of section 200 of the domestic relations law, as
 amended by chapter 264 of the laws  of  2003,  is  amended  to  read  as
 follows:
   4. The commission of an act of adultery by the defendant; except where
 such  offense  is committed by the procurement or with the connivance of
 the plaintiff or where there is voluntary cohabitation  of  the  parties
 with  the  knowledge  of  the  offense or where action was not commenced
 within five years after the discovery by the plaintiff  of  the  offense
 charged  or  where  the plaintiff has also been guilty of adultery under
 such circumstances that the defendant would have been entitled, if inno-
 cent, to a divorce, provided that adultery  for  the  purposes  of  this
 subdivision  is  hereby  defined  as the commission of an act of [sexual
 intercourse] VAGINAL SEXUAL CONTACT, oral sexual  [conduct]  CONTACT  or

 A. 794--D                          27
 
 anal  sexual  [conduct] CONTACT, voluntarily performed by the defendant,
 with a person other than the plaintiff after the marriage  of  plaintiff
 and  defendant.  Oral sexual [conduct] CONTACT and anal sexual [conduct]
 CONTACT  include,  but  are not limited to, sexual conduct as defined in
 subdivision two of  section  130.00  and  subdivision  [three]  FOUR  of
 section 130.20 of the penal law.
   §  68. 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.
   § 69. This act shall take effect January 1, 2021 and  shall  apply  to
 any offense on or after such effective date.