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Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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| May 13, 2022 |
referred to codes |
Assembly Bill A10412
2021-2022 Legislative Session
Replaces the word rape with the term sexual battery
download bill text pdfSponsored By
MORINELLO
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
Joe DeStefano
John Salka
Stephen Hawley
Joseph Giglio
2021-A10412 (ACTIVE) - Details
- Current Committee:
- Assembly Codes
- Law Section:
- Penal Law
- Laws Affected:
- Amd Various Law, generally
- Versions Introduced in 2023-2024 Legislative Session:
-
A4450
2021-A10412 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
10412
I N A S S E M B L Y
May 13, 2022
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Morinello)
-- read once and referred to the Committee on Codes
AN ACT to amend the penal law, the agriculture and markets law, the
criminal procedure law, the civil practice law and rules, the domestic
relations law, the education law, the executive law, the family court
act, the general business law, the judiciary law, the labor law, the
public health law, the public service law, the social services law and
the administrative code of the city of New York, in relation to
replacing the word rape with the term sexual battery
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. 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] SEXUAL BATTERY in the third degree.
A person is guilty of [rape] SEXUAL BATTERY in the third degree when:
1. He or she engages in sexual intercourse with another person who is
incapable of consent by reason of some factor other than being less than
seventeen years old;
2. Being twenty-one years old or more, he or she engages in sexual
intercourse with another person less than seventeen years old; or
3. He or she engages in sexual intercourse with another person without
such person's consent where such lack of consent is by reason of some
factor other than incapacity to consent.
[Rape] SEXUAL BATTERY in the third degree is a class E felony.
§ 2. 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] SEXUAL BATTERY in the second degree.
A person is guilty of [rape] SEXUAL BATTERY in the second degree when:
1. being eighteen years old or more, he or she engages in sexual
intercourse with another person less than fifteen years old; or
2. he or she engages in sexual intercourse with another person who is
incapable of consent by reason of being mentally disabled or mentally
incapacitated.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15272-01-2
A. 10412 2
It shall be an affirmative defense to the crime of [rape] SEXUAL
BATTERY in the second degree as defined in subdivision one of this
section that the defendant was less than four years older than the
victim at the time of the act.
[Rape] SEXUAL BATTERY in the second degree is a class D felony.
§ 3. 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] SEXUAL BATTERY in the first degree.
A person is guilty of [rape] SEXUAL BATTERY in the first degree when
he or she engages in sexual intercourse with another person:
1. By forcible compulsion; or
2. Who is incapable of consent by reason of being physically helpless;
or
3. Who is less than eleven years old; or
4. Who is less than thirteen years old and the actor is eighteen years
old or more.
[Rape] SEXUAL BATTERY in the first degree is a class B felony.
§ 4. 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
two of section 130.35 [(rape] (SEXUAL BATTERY in the first degree);
subdivisions one and two of section 130.50 (criminal sexual act in the
first degree); 130.70 (aggravated sexual abuse in the first degree);
140.30 (burglary in the first degree); subdivision one of section 140.25
(burglary in the second degree); 150.15 (arson in the second degree);
160.15 (robbery in the first degree); subdivision two of section 160.10
(robbery in the second degree) of this chapter; or section 265.03 of
this chapter, where such machine gun or such firearm is possessed on
school grounds, as that phrase is defined in subdivision fourteen of
section 220.00 of this chapter; or defined in this chapter as an attempt
to commit murder in the second degree or kidnapping in the first degree,
or such conduct as a sexually motivated felony, where authorized pursu-
ant to section 130.91 of [the penal law] THIS CHAPTER.
§ 5. 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 two of section 130.35 [(rape] (SEXUAL
A. 10412 3
BATTERY 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.
§ 6. 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] SEXUAL BATTERY,
forcible criminal sexual act or robbery; or
§ 7. Paragraph (b) of subdivision 4 of section 35.30 of the penal law,
as amended by chapter 264 of the laws of 2003, is amended to read as
follows:
(b) Effect the arrest of a person who has committed murder,
manslaughter in the first degree, robbery, forcible [rape] SEXUAL
BATTERY or forcible criminal sexual act and who is in immediate flight
therefrom.
§ 8. 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 of 2018
and paragraph (c) as amended by chapter 134 of the laws of 2019, 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] SEXUAL BATTERY
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 prosecution of terrorism in the first degree as defined in
section 490.35, criminal possession of a chemical weapon or biological
A. 10412 4
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] SEXUAL BATTERY 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 terror-
ism 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 pyro-
technics 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.
§ 9. The opening paragraph of subdivision 3 and subdivision 5 of
section 125.25 of the penal law, the opening paragraph of subdivision 3
as amended by chapter 264 of the laws of 2003 and subdivision 5 as
amended by chapter 320 of the laws of 2006, are 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] SEXUAL
BATTERY 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 participant, 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:
5. Being eighteen years old or more, while in the course of committing
[rape] SEXUAL BATTERY in the first, second or third degree, criminal
sexual act in the first, second or third degree, sexual abuse in the
first degree, aggravated 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.
A. 10412 5
§ 10. 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] SEXUAL
BATTERY 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 further-
ance 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
§ 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] SEXUAL BATTERY in the third
degree as defined in subdivision three of section 130.25, or criminal
sexual act in the third degree as defined in subdivision three of
section 130.40, in addition to forcible compulsion, circumstances under
which, at the time of the act of intercourse, oral sexual conduct or
anal sexual conduct, the victim clearly expressed that he or she did not
consent to engage in such act, and a reasonable person in the actor's
situation would have understood such person's words and acts as an
expression of lack of consent to such act under all the circumstances.
(h) a client or patient and the actor is a health care provider or
mental health care provider charged with [rape] SEXUAL BATTERY 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 examina-
tion; or
§ 12. 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] SEXUAL BATTERY 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.
A. 10412 6
§ 13. 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] SEXUAL BATTERY 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 when:
2. He or she has engaged in conduct constituting the crime of [rape]
SEXUAL BATTERY 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
§ 14. Section 130.96 of the penal law, as added by chapter 107 of the
laws of 2006, is amended to read as follows:
§ 130.96 Predatory sexual assault against a child.
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]
SEXUAL BATTERY 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.
Predatory sexual assault against a child is a class A-II felony.
§ 15. 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 130.30 [(rape] (SEXUAL BATTERY in the second degree);
section 130.35 [(rape] (SEXUAL BATTERY in the first degree); section
130.40 (criminal sexual act in the third degree); section 130.45 (crimi-
nal 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 (aggra-
vated sexual abuse in the second degree); section 130.70 (aggravated
sexual abuse in the first degree); section 130.91 (sexually motivated
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. 10412 7
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.
§ 16. 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] SEXUAL BATTERY 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.
§ 17. 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] SEXUAL BATTERY in the first degree, as
defined in subdivision three or four 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.
§ 18. Paragraph (a) of subdivision 1 of section 460.10 of the penal
law, as amended by chapter 134 of the laws of 2019, is amended to read
as follows:
(a) Any of the felonies set forth in this chapter: sections 120.05,
120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat-
ing to strangulation; sections 125.10 to 125.27 relating to homicide;
sections 130.25, 130.30 and 130.35 relating to [rape] SEXUAL BATTERY;
sections 135.20 and 135.25 relating to kidnapping; sections 135.35 and
135.37 relating to labor trafficking; section 135.65 relating to coer-
cion; sections 140.20, 140.25 and 140.30 relating to burglary; sections
145.05, 145.10 and 145.12 relating to criminal mischief; article one
hundred fifty relating to arson; sections 155.30, 155.35, 155.40 and
155.42 relating to grand larceny; sections 177.10, 177.15, 177.20 and
177.25 relating to health care fraud; article one hundred sixty relating
to robbery; sections 165.45, 165.50, 165.52 and 165.54 relating to crim-
inal possession of stolen property; sections 165.72 and 165.73 relating
A. 10412 8
to trademark counterfeiting; sections 170.10, 170.15, 170.25, 170.30,
170.40, 170.65 and 170.70 relating to forgery; sections 175.10, 175.25,
175.35, 175.40 and 210.40 relating to false statements; sections 176.15,
176.20, 176.25 and 176.30 relating to insurance fraud; sections 178.20
and 178.25 relating to criminal diversion of prescription medications
and prescriptions; sections 180.03, 180.08, 180.15, 180.25, 180.40,
180.45, 200.00, 200.03, 200.04, 200.10, 200.11, 200.12, 200.20, 200.22,
200.25, 200.27, 200.56, 215.00, 215.05 and 215.19 relating to bribery;
sections 187.10, 187.15, 187.20 and 187.25 relating to residential mort-
gage fraud, sections 190.40 and 190.42 relating to criminal usury;
section 190.65 relating to schemes to defraud; any felony defined in
article four hundred ninety-six; sections 205.60 and 205.65 relating to
hindering prosecution; sections 210.10, 210.15, and 215.51 relating to
perjury and contempt; section 215.40 relating to tampering with physical
evidence; sections 220.06, 220.09, 220.16, 220.18, 220.21, 220.31,
220.34, 220.39, 220.41, 220.43, 220.46, 220.55, 220.60, 220.65 and
220.77 relating to controlled substances; sections 225.10 and 225.20
relating to gambling; sections 230.25, 230.30, and 230.32 relating to
promoting prostitution; section 230.34 relating to sex trafficking;
section 230.34-a relating to sex trafficking of a child; sections
235.06, 235.07, 235.21 and 235.22 relating to obscenity; sections 263.10
and 263.15 relating to promoting a sexual performance by a child;
sections 265.02, 265.03, 265.04, 265.11, 265.12, 265.13 and the
provisions of section 265.10 which constitute a felony relating to
firearms and other dangerous weapons; sections 265.14 and 265.16 relat-
ing to criminal sale of a firearm; section 265.50 relating to the crimi-
nal manufacture, sale or transport of an undetectable firearm, rifle or
shotgun; section 275.10, 275.20, 275.30, or 275.40 relating to unauthor-
ized recordings; and sections 470.05, 470.10, 470.15 and 470.20 relating
to money laundering; or
§ 19. Subdivision 3 of section 485.05 of the penal law, as amended by
section 3 of part R of chapter 55 of the laws of 2020, is amended to
read as follows:
3. A "specified offense" is an offense defined by any of the following
provisions of this chapter: section 120.00 (assault in the third
degree); section 120.05 (assault in the second degree); section 120.10
(assault in the first degree); section 120.12 (aggravated assault upon a
person less than eleven years old); section 120.13 (menacing in the
first degree); section 120.14 (menacing in the second degree); section
120.15 (menacing in the third degree); section 120.20 (reckless endan-
germent in the second degree); section 120.25 (reckless endangerment in
the first degree); section 121.12 (strangulation in the second degree);
section 121.13 (strangulation in the first degree); subdivision one of
section 125.15 (manslaughter in the second degree); subdivision one, two
or four of section 125.20 (manslaughter in the first degree); section
125.25 (murder in the second degree); section 120.45 (stalking in the
fourth degree); section 120.50 (stalking in the third degree); section
120.55 (stalking in the second degree); section 120.60 (stalking in the
first degree); subdivision one of section 130.35 [(rape] (SEXUAL BATTERY
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
A. 10412 9
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);
section 490.10 (soliciting or providing support for an act of terrorism
in the second degree); section 490.15 (soliciting or providing support
for an act of terrorism in the first degree); section 490.20 (making a
terroristic threat); section 490.25 (crime of terrorism); section 490.30
(hindering prosecution of terrorism in the second degree); section
490.35 (hindering prosecution of terrorism in the first degree); section
490.37 (criminal possession of a chemical weapon or biological weapon in
the third degree); section 490.40 (criminal possession of a chemical
weapon or biological weapon in the second degree); section 490.45 (crim-
inal possession of a chemical weapon or biological weapon in the first
degree); section 490.47 (criminal use of a chemical weapon or biological
weapon in the third degree); section 490.50 (criminal use of a chemical
weapon or biological weapon in the second degree); section 490.55 (crim-
inal use of a chemical weapon or biological weapon in the first degree);
or any attempt or conspiracy to commit any of the foregoing offenses.
§ 20. 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] SEXUAL BATTERY in the first
degree as defined in subdivision one or two of section 130.35 of the
penal law, criminal sexual act in the first degree as defined in subdi-
vision one or two of section 130.50 of the penal law or kidnapping with-
in the dwelling or upon the real property of the owner of the dog and
the dog injured or killed the person committing such criminal activity.
§ 21. 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
A. 10412 10
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 two of section 130.35
[(rape] (SEXUAL BATTERY 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.
§ 22. Paragraphs (a), (a-1) and (a-2) of subdivision 2 of section
30.10 of the criminal procedure law, paragraph (a) as amended and para-
graphs (a-1) and (a-2) as added by chapter 315 of the laws of 2019, are
amended to read as follows:
(a) A prosecution for a class A felony, or [rape] SEXUAL BATTERY in
the first degree as defined in section 130.35 of the penal law, or a
crime defined or formerly defined in section 130.50 of the penal law, or
aggravated 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, or incest in
the first degree as defined in section 255.27 of the penal law may be
commenced at any time;
(a-1) A prosecution for [rape] SEXUAL BATTERY 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 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] SEXUAL BATTERY in the second degree as defined in subdivision two
of section 130.30 of the penal law or criminal sexual act in the second
degree as defined in subdivision two of section 130.45) must be
commenced within twenty years after the commission thereof or within ten
years from when the offense is first reported to law enforcement, which-
ever occurs earlier;
(a-2) A prosecution for [rape] SEXUAL BATTERY 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 third degree as defined in subdivision one
or three of section 130.40 of the penal law must be commenced within ten
years after the commission thereof;
§ 23. The section heading of section 60.76 of the criminal procedure
law, as added by chapter 432 of the laws of 1993, is amended to read as
follows:
Rules of evidence; [rape] SEXUAL BATTERY crisis counselor evidence in
certain cases.
A. 10412 11
§ 24. Paragraph (h) of subdivision 3 of section 190.25 of the criminal
procedure law, as amended by chapter 347 of the laws of 2014, is amended
to read as follows:
(h) A social worker, [rape] SEXUAL BATTERY crisis counselor, psychol-
ogist or other professional providing emotional support to a child
witness twelve years old or younger, or a social worker or informal
caregiver, as provided in subdivision two of section two hundred six of
the elder law, for a vulnerable elderly person as provided in subdivi-
sion three of section 260.31 of the penal law, who is called to give
evidence in a grand jury proceeding concerning a crime defined in arti-
cle one hundred twenty-one, article one hundred thirty, article two
hundred sixty, section 120.10, 125.10, 125.15, 125.20, 125.25, 125.26,
125.27, 255.25, 255.26 or 255.27 of the penal law provided that the
district attorney consents. Such support person shall not provide the
witness with an answer to any question or otherwise participate in such
proceeding and shall first take an oath before the grand jury that he or
she will keep secret all matters before such grand jury within his or
her knowledge.
§ 25. Paragraph (c) of subdivision 5 of section 190.32 of the criminal
procedure law, as amended by chapter 91 of the laws of 1995, is amended
to read as follows:
(c) A social worker, [rape] SEXUAL BATTERY crisis counselor, psychol-
ogist or other professional providing emotional support to a child
witness or to a special witness, as defined in subparagraph (ii) of
paragraph (b) of subdivision one of this section, or any of those
persons enumerated in paragraphs (a), (b), (c), (d), (e), (f) and (g) of
subdivision three of section 190.25 may be present during the videotap-
ing except that a doctor, nurse or other medical assistant also may be
present if required by the attendant circumstances. Each person present,
except the witness, must, if he has not previously taken a constitu-
tional oath of office or an oath that he will keep secret all matters
before a grand jury, must take an oath on the record that he will keep
secret the videotaped examination.
§ 26. 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 two of section 130.35
[(rape] (SEXUAL BATTERY 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
A. 10412 12
degree) of the penal law; subdivision four of section 265.02 of the
penal law, where such firearm is possessed on school grounds, as that
phrase is defined in subdivision fourteen of section 220.00 of the penal
law; or section 265.03 of the penal law, where such machine gun or such
firearm is possessed on school grounds, as that phrase is defined in
subdivision fourteen of section 220.00 of the penal law; or defined in
the penal law as an attempt to commit murder in the second degree or
kidnapping in the first degree, or such conduct as a sexually motivated
felony, where authorized pursuant to section 130.91 of the penal law.
§ 27. 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] SEXUAL BATTERY in the first degree as defined in subdivision one
of section 130.35 of the penal law, or criminal sexual act in the first
degree as defined in subdivision one of section 130.50 of the penal law,
or an armed felony as defined in paragraph (a) of subdivision forty-one
of section 1.20 of this chapter specific factors, one or more of which
reasonably supports the recommendation, showing, (i) mitigating circum-
stances 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.
§ 28. 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] SEXUAL BATTERY
in the third degree as defined in subdivision three of section 130.25 of
the penal law and criminal sexual act in the third degree as defined in
subdivision three of section 130.40 of the penal law, are not lesser
included offenses of [rape] SEXUAL BATTERY 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.
§ 29. Paragraph (c) of subdivision 2 of section 440.47 of the criminal
procedure law, as added by chapter 31 of the laws of 2019, is amended to
read as follows:
(c) An application for resentencing pursuant to this section must
include at least two pieces of evidence corroborating the applicant's
A. 10412 13
claim that he or she was, at the time of the offense, a victim of domes-
tic violence subjected to substantial physical, sexual or psychological
abuse inflicted by a member of the same family or household as the
applicant as such term is defined in subdivision one of section 530.11
of this chapter.
At least one piece of evidence must be either a court record, pre-sen-
tence report, social services record, hospital record, sworn statement
from a witness to the domestic violence, law enforcement record, domes-
tic incident report, or order of protection. Other evidence may include,
but shall not be limited to, local and state department of corrections
AND COMMUNITY SUPERVISION records, a showing based in part on documenta-
tion prepared at or near the time of the commission of the offense or
the prosecution thereof tending to support the person's claim, or when
there is verification of consultation with a licensed medical or mental
health care provider, employee of a court acting within the scope of his
or her employment, member of the clergy, attorney, social worker, or
[rape] SEXUAL BATTERY crisis counselor as defined in section forty-five
hundred ten of the civil practice law and rules, or other advocate
acting on behalf of an agency that assists victims of domestic violence
for the purpose of assisting such person with domestic violence victim
counseling or support.
§ 30. Paragraph (b) of subdivision 8 of section 700.05 of the criminal
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]
SEXUAL BATTERY in the third degree as defined in section 130.25 of the
penal law, [rape] SEXUAL BATTERY in the second degree as defined in
section 130.30 of the penal law, [rape] SEXUAL BATTERY 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
A. 10412 14
second degree as defined in section 140.25 of the penal law, burglary in
the first degree as defined in section 140.30 of the penal law, criminal
mischief in the third degree as defined in section 145.05 of the penal
law, criminal mischief in the second degree as defined in section 145.10
of the penal law, criminal mischief in the first degree as defined in
section 145.12 of the penal law, criminal tampering in the first degree
as defined in section 145.20 of the penal law, arson in the fourth
degree as defined in section 150.05 of the penal law, arson in the third
degree as defined in section 150.10 of the penal law, arson in the
second degree as defined in section 150.15 of the penal law, arson in
the first degree as defined in section 150.20 of the penal law, grand
larceny in the fourth degree as defined in section 155.30 of the penal
law, grand larceny in the third degree as defined in section 155.35 of
the penal law, grand larceny in the second degree as defined in section
155.40 of the penal law, grand larceny in the first degree as defined in
section 155.42 of the penal law, health care fraud in the fourth degree
as defined in section 177.10 of the penal law, health care fraud in the
third degree as defined in section 177.15 of the penal law, health care
fraud in the second degree as defined in section 177.20 of the penal
law, health care fraud in the first degree as defined in section 177.25
of the penal law, robbery in the third degree as defined in section
160.05 of the penal law, robbery in the second degree as defined in
section 160.10 of the penal law, robbery in the first degree as defined
in section 160.15 of the penal law, unlawful use of secret scientific
material as defined in section 165.07 of the penal law, criminal
possession of stolen property in the fourth degree as defined in section
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
A. 10412 15
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, 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;
§ 31. Paragraph (a) of subdivision 2 and subdivision 3 of section
720.10 of the criminal procedure law, paragraph (a) of subdivision 2 as
amended by chapter 316 of the laws of 2006 and subdivision 3 as amended
by chapter 264 of the laws of 2003, are 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] SEXUAL BATTERY in the first degree,
criminal sexual act in the first degree, or aggravated sexual abuse,
except as provided in subdivision three, or
3. Notwithstanding the provisions of subdivision two, a youth who has
been convicted of an armed felony offense or of [rape] SEXUAL BATTERY in
the first degree, criminal sexual act in the first degree, or aggravated
sexual abuse is an eligible youth if the court determines that one or
more of the following factors exist: (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. Where the court determines
that the eligible youth is a youthful offender, the court shall make a
statement on the record of the reasons for its determination, a tran-
script of which shall be forwarded to the state division of criminal
justice services, to be kept in accordance with the provisions of subdi-
vision three of section eight hundred thirty-seven-a of the executive
law.
§ 32. 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-
A. 10412 16
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] SEXUAL BATTERY in
the first degree as defined in subdivision one of section 130.35 of the
penal law, criminal sexual act in the first degree as defined in subdi-
vision 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.
§ 33. 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]
SEXUAL BATTERY in the first degree as defined in subdivision one of
section 130.35 of the penal law, criminal sexual act in the first degree
as defined in subdivision one of section 130.50 of the penal law, or an
armed felony as defined in paragraph (a) of subdivision forty-one of
section 1.20 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 deficien-
cies in proof of the crime.
§ 34. 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] SEXUAL BATTERY in the first degree, as defined in subdivision one
of section 130.35 of the penal law; criminal sexual act in the first
degree, as defined in subdivision one of section 130.50 of the penal
law; or an armed felony as defined in paragraph (a) of subdivision
forty-one of section 1.20 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
A. 10412 17
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.
§ 35. 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]
SEXUAL BATTERY in the first degree as defined in section 130.35 of the
penal law, or [rape] SEXUAL BATTERY in the second degree as defined in
subdivision two of section 130.30 of the penal law, or [rape] SEXUAL
BATTERY 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] SEXUAL BATTERY in the
second degree as defined in subdivision two of section 130.30 of the
penal law or criminal 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 inten-
tional or negligent 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
proceeding be applicable to any such civil action.
§ 36. 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] SEXUAL BATTERY 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 remain-
ing.
A. 10412 18
§ 37. Section 4510 of the civil practice law and rules, as amended by
chapter 309 of the laws of 2021, is amended to read as follows:
§ 4510. [Rape] SEXUAL BATTERY crisis counselor or domestic violence
advocate. (a) Definitions. When used in this section, the following
terms shall have the following meanings:
1. "[Rape] SEXUAL BATTERY crisis program" means any office, institu-
tion or center which has been approved pursuant to subdivision fifteen
of section two hundred six of the public health law, as added by chapter
432 of the laws of 1993, offering counseling and assistance to clients
concerning sexual offenses, sexual abuses or incest.
2. "[Rape] SEXUAL BATTERY crisis counselor" means any person who has
been certified by an approved [rape] SEXUAL BATTERY crisis program as
having satisfied the training standards specified in subdivision fifteen
of section two hundred six of the public health law, as added by chapter
432 of the laws of 1993, and who, regardless of compensation, is acting
under the direction and supervision of an approved [rape] SEXUAL BATTERY
crisis program.
3. "Client" means (i) any person who is seeking or receiving the
services of a [rape] SEXUAL BATTERY crisis counselor for the purpose of
securing counseling or assistance concerning any sexual offenses, sexual
abuse, incest or attempts to commit sexual offenses, sexual abuse, or
incest, as defined in the penal law; or
(ii) any victim of domestic violence as defined in section four
hundred fifty-nine-a of the social services law.
4. "Domestic violence program" means a residential program for victims
of domestic violence or a non-residential program for victims of domes-
tic violence as defined in section four hundred fifty-nine-a of the
social services law or any similar program operated by an Indian tribe,
as defined by section two of the Indian law.
5. "Domestic violence advocate" means any person who is acting under
the direction and supervision of a licensed and approved domestic
violence program and has satisfied the training standards required by
the office of children and family services.
(b) Confidential information privileged. A [rape] SEXUAL BATTERY
crisis counselor or domestic violence advocate shall not be required to
disclose a communication made by his or her client to him or her, or
advice given thereon, in the course of his or her services nor shall any
clerk, stenographer or other person working for the same program as the
[rape] SEXUAL BATTERY crisis counselor or domestic violence advocate or
for the [rape] SEXUAL BATTERY crisis counselor or domestic violence
advocate be allowed to disclose any such communication or advice given
thereon nor shall any records made in the course of the services given
to the client or recording of any communications made by or to a client
be required to be disclosed, nor shall the client be compelled to
disclose such communication or records, except:
1. that a [rape] SEXUAL BATTERY crisis counselor or domestic violence
advocate may disclose such otherwise confidential communication to the
extent authorized by the client;
2. that a [rape] SEXUAL BATTERY crisis counselor or domestic violence
advocate shall not be required to treat as confidential a communication
by a client which reveals the intent to commit a crime or harmful act;
3. that a domestic violence advocate shall not be required to treat as
confidential a communication by a client which reveals a case of
suspected child abuse or maltreatment pursuant to title six of article
six of the social services law;
A. 10412 19
4. in a case in which the client waives the privilege by instituting
charges against the [rape] SEXUAL BATTERY crisis counselor or domestic
violence advocate or the [rape] SEXUAL BATTERY crisis program or domes-
tic violence program and such action or proceeding involves confidential
communications between the client and the [rape] SEXUAL BATTERY crisis
counselor or domestic violence advocate.
(c) Who may waive the privilege. The privilege may only be waived if
the client, the personal representative of a deceased client, or, in the
case of a client who has been adjudicated incompetent or for whom a
conservator has been appointed, the committee or conservator provides
the [rape] SEXUAL BATTERY crisis counselor or domestic violence advocate
with informed, written and reasonably time-limited consent.
(d) Limitation on waiver. A client who, for the purposes of obtaining
compensation under article twenty-two of the executive law or insurance
benefits, authorizes the disclosure of any privileged communication to
an employee of the office of victim services or an insurance represen-
tative shall not be deemed to have waived the privilege created by this
section.
§ 38. Paragraph (A) of subdivision 1 of section 111-a of the domestic
relations law, as amended by chapter 371 of the laws of 2013, is amended
to read as follows:
(A) [rape] SEXUAL BATTERY in first or second degree;
§ 39. Paragraph (b) of subdivision 3-a of section 115-d of the domes-
tic relations law, as amended by chapter 623 of the laws of 2008, is
amended to read as follows:
(b) Notwithstanding any other provision of law to the contrary, a
petition for certification as a qualified adoptive parent shall be
denied where a criminal history record of the applicant reveals a
conviction for (i) a felony conviction at any time involving: (1) child
abuse or neglect; (2) spousal abuse; (3) a crime against a child,
including child pornography; or (4) a crime involving violence, includ-
ing [rape] SEXUAL BATTERY, sexual assault, or homicide, other than a
crime involving physical assault or battery; or (ii) a felony conviction
within the past five years for physical assault, battery, or a drug-re-
lated offense.
§ 40. Clause 1 of subparagraph (A) of paragraph (b) of subdivision 1-c
of section 240 of the domestic relations law, as amended by chapter 182
of the laws of 2019, is amended to read as follows:
(1) [rape] SEXUAL BATTERY in the first or second degree;
§ 41. Subdivision 7 of section 6444 of the education law, as added by
chapter 76 of the laws of 2015, is amended to read as follows:
7. Institutions that lack appropriate on-campus resources or services
shall, to the extent practicable, enter into memoranda of understanding,
agreements or collaborative partnerships with existing community-based
organizations, including [rape-crisis] SEXUAL BATTERY-CRISIS centers and
domestic violence shelters and assistance organizations, to refer
students for assistance or make services available to students, includ-
ing counseling, health, mental health, victim advocacy, and legal
assistance, which may also include resources and services for the
respondent.
§ 42. Subdivision 4 of section 7605 of the education law, as amended
by chapter 554 of the laws of 2013, is amended to read as follows:
4. The practice, conduct, activities, or services by any person
licensed or otherwise authorized to practice nursing as a registered
professional nurse or nurse practitioner within the state pursuant to
article one hundred thirty-nine of this title or by any person licensed
A. 10412 20
or otherwise authorized to practice social work within the state pursu-
ant to article one hundred fifty-four of this title, or by any person
licensed or otherwise authorized to practice mental health counseling,
marriage and family therapy, creative arts therapy, or psychoanalysis
within the state pursuant to article one hundred sixty-three of this
title, or any person licensed or otherwise authorized to practice
applied behavior analysis within the state pursuant to article one
hundred sixty-seven of this title or any individual who is credentialed
under any law, including attorneys, [rape] SEXUAL BATTERY crisis counse-
lors, certified alcoholism counselors, and certified substance abuse
counselors from providing mental health services within their respective
established authorities.
§ 43. Paragraph (a) of subdivision 5 of section 7706 of the education
law, as added by chapter 420 of the laws of 2002, is amended to read as
follows:
(a) any individual who is credentialed under any law, including attor-
neys, [rape] SEXUAL BATTERY crisis counselors, credentialed alcoholism
and substance abuse counselors whose scope of practice includes the
practices defined in section seventy-seven hundred one of this article
from performing or claiming to perform work authorized by applicable
provisions of this chapter and the mental hygiene law;
§ 44. Subdivision 2 of section 8410 of the education law, as added by
chapter 676 of the laws of 2002, is amended to read as follows:
2. Prohibit or limit any individual who is credentialed under any law,
including attorneys, [rape] SEXUAL BATTERY crisis counselors, certified
alcoholism counselors and certified substance abuse counselors from
providing mental health services within their respective established
authorities.
§ 45. Clause (ii) of subparagraph 2 of paragraph (c) of subdivision 22
of section 296 of the executive law, as added by chapter 176 of the laws
of 2019, is amended to read as follows:
(ii) Obtaining services from a domestic violence shelter, program, or
[rape] SEXUAL BATTERY crisis center as a result of domestic violence; or
§ 46. Subdivision 1 and paragraph (a) of subdivision 13 of section 631
of the executive law, subdivision 1 as separately amended by chapters
189 and 295 of the laws of 2018 and paragraph (a) of subdivision 13 as
amended by section 3 of subpart S of part XX of chapter 55 of the laws
of 2020, are amended to read as follows:
1. No award shall be made unless the office finds that (a) a crime was
committed, (b) such crime directly resulted in personal physical injury
to or the exacerbation of a preexisting disability, or condition, or
death of, the victim, and (c) criminal justice agency records show that
such crime was promptly reported to the proper authorities; and in no
case may an award be made where the criminal justice agency records show
that such report was made more than one week after the occurrence of
such crime unless the office, for good cause shown, finds the delay to
have been justified. Notwithstanding the foregoing provisions of this
subdivision, in cases involving an alleged sex offense as contained in
article one hundred thirty of the penal law or incest as defined in
section 255.25, 255.26 or 255.27 of the penal law or labor trafficking
as defined in section 135.35 of the penal law or sex trafficking as
defined in sections 230.34 and 230.34-a of the penal law or an offense
chargeable as a family offense as described in section eight hundred
twelve of the family court act or section 530.11 of the criminal proce-
dure law, the criminal justice agency report need only be made within a
reasonable time considering all the circumstances, including the
A. 10412 21
victim's physical, emotional and mental condition and family situation.
For the purposes of this subdivision, "criminal justice agency" shall
include, but not be limited to, a police department, a district attor-
ney's office, and any other governmental agency having responsibility
for the enforcement of the criminal laws of the state provided, however,
that in cases involving such sex offense or family offense a criminal
justice agency shall also mean a family court, a governmental agency
responsible for child and/or adult protective services pursuant to title
six of article six of the social services law and/or title one of arti-
cle nine-B of the social services law, and any medical facility estab-
lished under the laws of the state that provides a forensic physical
examination for victims of [rape] SEXUAL BATTERY and sexual assault.
(a) Notwithstanding any other provision of law, rule, or regulation to
the contrary, when any New York state accredited hospital, accredited
sexual assault examiner program, or licensed health care provider
furnishes services to any sexual assault survivor, including but not
limited to a health care forensic examination in accordance with the sex
offense evidence collection protocol and standards established by the
department of health, such hospital, sexual assault examiner program, or
licensed healthcare provider shall provide such services to the person
without charge and shall bill the office directly. The office, in
consultation with the department of health, shall define the specific
services to be covered by the sexual assault forensic exam reimbursement
fee, which must include at a minimum forensic examiner services, hospi-
tal or healthcare facility services related to the exam, and any neces-
sary related laboratory tests or pharmaceuticals; including but not
limited to HIV post-exposure prophylaxis provided by a hospital emergen-
cy room at the time of the forensic [rape] SEXUAL BATTERY examination
pursuant to paragraph (c) of subdivision one of section twenty-eight
hundred five-i of the public health law. For a person eighteen years of
age or older, follow-up HIV post-exposure prophylaxis costs shall
continue to be reimbursed according to established office procedure. The
office, in consultation with the department of health, shall also gener-
ate the necessary regulations and forms for the direct reimbursement
procedure.
§ 47. Paragraph (b) of subdivision 1 of section 641 of the executive
law, as added by chapter 94 of the laws of 1984, is amended to read as
follows:
(b) availability of appropriate public or private programs that
provide counseling, treatment or support for crime victims, including
but not limited to the following: [rape] SEXUAL BATTERY crisis centers,
victim/witness assistance programs, elderly victim services, victim
assistance hotlines and domestic violence shelters;
§ 48. Subdivision 2-a of section 642 of the executive law, as amended
by chapter 301 of the laws of 1991, paragraph (a) as amended by chapter
320 of the laws of 2006, is amended to read as follows:
2-a. (a) All police departments, as that term is defined in subdivi-
sion a of section eight hundred thirty-seven-c of this chapter, district
attorneys' offices and presentment agencies, as that term is defined in
subdivision twelve of section 301.2 of the family court act, shall
provide a private setting for interviewing victims of a crime defined in
article one hundred thirty or section 255.25, 255.26 or 255.27 of the
penal law. For purposes of this subdivision, "private setting" shall
mean an enclosed room from which the occupants are not visible or other-
wise identifiable, and whose conversations cannot be heard, from outside
such room. Only (i) those persons directly and immediately related to
A. 10412 22
the interviewing of a particular victim, (ii) the victim, (iii) a social
worker, [rape] SEXUAL BATTERY crisis counselor, psychologist or other
professional providing emotional support to the victim, unless the
victim objects to the presence of such person and requests the exclusion
of such person from the interview, and (iv) where appropriate, the
parent or parents of the victim, if requested by the victim, shall be
present during the interview of the victim.
(b) All police departments, as that term is defined in subdivision a
of section eight hundred thirty-seven-c of this chapter, shall provide
victims of a crime defined in article one hundred thirty of the penal
law with the name, address, and telephone of the nearest [rape] SEXUAL
BATTERY crisis center in writing.
§ 49. The opening paragraph of paragraph (a) of subdivision 4 of
section 840 of the executive law, as added by chapter 506 of the laws of
2011, is amended to read as follows:
(a) Develop, maintain and disseminate, in consultation with [rape]
SEXUAL BATTERY crisis centers experienced in assisting victims in this
state, written policies and procedures consistent with applicable
provisions of the family court act, domestic relations law, criminal
procedure law and the penal law, regarding the investigation of and
intervention by new and veteran police officers in crimes involving
sexual assault. Such policies and procedures shall make provisions for
education and training of new and veteran police officers in the inves-
tigation and enforcement of crimes involving sexual assault under state
law, including but not limited to:
§ 50. The opening paragraph of 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:
For every juvenile delinquency proceeding under article three involv-
ing 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 (kidnapping
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] (SEXUAL BATTERY 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 four-
teen or fifteen years of age; or such conduct committed as a sexually
A. 10412 23
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 regard-
less 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:
§ 51. The opening paragraph of subdivision (b) of section 117 of the
family court act, as amended by chapter 38 of the laws of 2022, is
amended to read as follows:
For every juvenile delinquency proceeding under article three involv-
ing 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 (kidnapping
in the first degree); or 150.20 (arson in the first degree) of the penal
law committed by a person thirteen, fourteen, fifteen, sixteen, or
seventeen years of age; or such conduct committed as a sexually moti-
vated 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] (SEXUAL
BATTERY 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, sixteen, or seventeen
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, fifteen, sixteen, or seventeen 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, fifteen,
sixteen, or seventeen years of age; or such conduct committed as a sexu-
ally 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, fifteen, sixteen, or seventeen 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 misdemea-
A. 10412 24
nor, committed by a person at least twelve but less than eighteen years
of age, but only where there have 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:
§ 52. 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:
8. "Designated felony act" means an act 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 (kidnapping in the
first degree); or 150.20 (arson 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 author-
ized 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] (SEXUAL BATTERY 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; (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, fifteen, or sixteen, or
commencing October first, two thousand nineteen, seventeen years of age;
or such conduct committed as a sexually motivated felony, where author-
ized 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 four-
teen 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, fifteen, or sixteen or, commencing October first, two
thousand nineteen, seventeen 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 paragraph (i), (ii), or (iii) of this subdivision
regardless of the age of such person at the time of the commission of
the prior act; (vi) other than a misdemeanor committed by a person at
least seven but less than seventeen years of age, and commencing October
first, two thousand nineteen, a person at least seven but less than
eighteen years of age, but only where there has been two prior findings
by the court that such person has committed a prior felony.
§ 53. Subdivision 8 of section 301.2 of the family court act, as
amended by chapter 38 of the laws of 2022, is amended to read as
follows:
A. 10412 25
8. "Designated felony act" means an act 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 (kidnapping in the
first degree); or 150.20 (arson in the first degree) of the penal law
committed by a person thirteen, fourteen, fifteen, sixteen, or seventeen
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] (SEXUAL BATTERY 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 commit-
ted by a person thirteen, fourteen, fifteen, sixteen, or seventeen 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, fifteen, sixteen, or seventeen 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, fifteen,
sixteen, or seventeen years of age; or such conduct committed as a sexu-
ally 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, fifteen, sixteen or seventeen 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 paragraph (i),
(ii), or (iii) of this subdivision regardless of the age of such person
at the time of the commission of the prior act; (vi) other than a misde-
meanor committed by a person at least twelve but less than eighteen
years of age, but only where there have 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.
§ 54. Subdivision 4 of section 308.1 of the family court act, as
amended by chapter 264 of the laws of 2003, is amended to read as
follows:
4. The probation service shall not adjust a case in which the child
has allegedly committed a delinquent act which would be a crime defined
in section 120.25, (reckless endangerment in the first degree), subdivi-
sion one of section 125.15, (manslaughter in the second degree), subdi-
vision one of section 130.25, [(rape] (SEXUAL BATTERY 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),
A. 10412 26
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, (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 spec-
ified in this subdivision unless it has received written approval from
the court and the appropriate presentment agency.
§ 55. Paragraph (vii) of subdivision (a) of section 1046 of the family
court act, as amended by chapter 432 of the laws of 1993, is amended to
read as follows:
(vii) neither the privilege attaching to confidential communications
between husband and wife, as set forth in section forty-five hundred two
of the civil practice law and rules, nor the physician-patient and
related privileges, as set forth in section forty-five hundred four of
the civil practice law and rules, nor the psychologist-client privilege,
as set forth in section forty-five hundred seven of the civil practice
law and rules, nor the social worker-client privilege, as set forth in
section forty-five hundred eight of the civil practice law and rules,
nor the [rape] SEXUAL BATTERY crisis counselor-client privilege, as set
forth in section forty-five hundred ten of the civil practice law and
rules, shall be a ground for excluding evidence which otherwise would be
admissible.
§ 56. Subdivision 2 of section 399-yy of the general business law, as
added by chapter 186 of the laws of 2019, is amended to read as follows:
2. Every cable television company, as defined in section two hundred
twelve of the public service law, that provides television and/or tele-
phone service to customers in New York under contract including, but not
limited to a multi-year contract or bundled contract with such cable
television company, shall allow a person to opt-out of such contract
without charge when such person is a victim of domestic violence and
request to opt-out in writing. Such victim of domestic violence shall
provide to such cable television company any of the following documents,
which shall relate to such domestic violence, within six months of the
document's issuance: (a) a valid domestic violence incident report form,
as such term is defined in subdivision fifteen of section eight hundred
thirty-seven of the executive law; (b) a valid police report; (c) a
valid order of protection; (d) a signed affidavit from a licensed
medical or mental health care provider, employee of a court acting with-
in the scope of his or her employment, social worker, a [rape] SEXUAL
BATTERY crisis counselor, as defined in section forty-five hundred ten
of the civil practice law and rules, or advocate acting on behalf of an
agency that assists domestic violence victims. A claim for opting-out of
such contract without charge shall be made in good faith. Such cable
television company shall waive the otherwise applicable charges for such
person requesting to opt-out of such contract.
§ 57. Subdivision 1 of section 399-yyy of the general business law, as
added by chapter 186 of the laws of 2019, is amended to read as follows:
1. Every direct broadcast satellite service provider, as defined in
this section, that provides television and/or telephone services to
customers in New York shall allow a person who is under contract includ-
ing, but not limited to a multi-year contract or bundled contract with
such satellite television company, to opt-out of such contract without
charge when such a person is a victim of domestic violence and requests
to opt-out in writing. Such victim of domestic violence shall provide to
such satellite television company any of the following documents, which
A. 10412 27
shall relate to such domestic violence, within six months of the docu-
ment's issuance: (a) a valid domestic violence incident report form, as
such term is defined in subdivision fifteen of section eight hundred
thirty-seven of the executive law; (b) a valid police report; (c) a
valid order of protection; (d) a signed affidavit from a licensed
medical or mental health care provider, employee of a court acting with-
in the scope of his or her employment, social worker, a [rape] SEXUAL
BATTERY crisis counselor, as defined in section forty-five hundred ten
of the civil practice law and rules, or advocate acting on behalf of an
agency that assists domestic violence victims. A claim for opting-out of
such contract without charge shall be made in good faith. Such satel-
lite television company shall waive the otherwise applicable charges for
such person requesting to opt-out of such contract.
§ 58. Subparagraph 5 of paragraph a of subdivision 2 of section 654-a
of the general business law, as amended by chapter 17 of the laws of
2013, is amended to read as follows:
(5) the purchaser of a contract signed by more than one purchaser
provides to the operator a copy of any of the following, within six
months of its issuance, involving domestic violence by another signatory
of the same contract: (A) a valid domestic violence incident report form
as such term is defined in subdivision fifteen of section eight hundred
thirty-seven of the executive law; (B) a valid police report; (C) a
valid order of protection; or (D) a signed affidavit from a licensed
medical or mental health care provider, employee of a court acting with-
in the scope of his or her employment, social worker, a [rape] SEXUAL
BATTERY crisis counselor as defined in section forty-five hundred ten of
the civil practice law and rules, or advocate acting on behalf of an
agency that assists domestic violence victims. Paragraph d of this
subdivision shall not apply to a purchaser canceling under this subpara-
graph. A claim for termination under this subparagraph shall be made in
good faith. Termination under this subparagraph shall require, and the
provision of any of the items in (A) through (D) of this subparagraph,
for the purposes of this subparagraph, shall be presumptive evidence of
the continued existence of a substantial risk of physical or emotional
harm to the purchaser or purchaser's child.
§ 59. 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] SEXUAL BATTERY, assault with intent to commit
[rape] SEXUAL BATTERY, 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.
§ 60. Clause (a) of subparagraph (iii) of paragraph a of subdivision 4
of section 196-b of the labor law, as added by section 1 of part J of
chapter 56 of the laws of 2020, is amended to read as follows:
(a) to obtain services from a domestic violence shelter, [rape] SEXUAL
BATTERY crisis center, or other services program;
§ 61. Subdivision 15 of section 206 of the public health law, as added
by chapter 432 of the laws of 1993, is amended to read as follows:
15. (a) The commissioner shall promulgate rules and regulations which
establish:
(i) procedures to review and approve [rape] SEXUAL BATTERY crisis
programs that provide training to [rape] SEXUAL BATTERY crisis counse-
A. 10412 28
lors as defined in section four thousand five hundred ten of the civil
practice law and rules;
(ii) minimum training standards for [rape] SEXUAL BATTERY crisis coun-
selors;
(iii) procedures to enable approved [rape] SEXUAL BATTERY crisis
programs to certify current and future [rape] SEXUAL BATTERY crisis
counselors, including volunteer counselors, provided such [rape] SEXUAL
BATTERY crisis counselors have met the minimum training standards as set
forth in this subdivision; and
(iv) procedures to periodically review approved training programs to
assure they continue to satisfy established standards.
(b) [Rape] SEXUAL BATTERY crisis programs approved by the commissioner
shall provide training programs consisting of at least thirty hours of
pre-service training and within the first year of service at least ten
hours of in-service training for [rape] SEXUAL BATTERY crisis counse-
lors. This training shall include but not be limited to, instruction on
the following:
(i) the dynamics of sexual offenses, sexual abuses or incest;
(ii) crisis intervention techniques;
(iii) client-counselor confidentiality requirements;
(iv) communication skills and intervention techniques;
(v) an overview of the state criminal justice system;
(vi) an update and review of state laws on sexual offenses, sexual
abuse or incest;
(vii) the availability of state and community resources for clients;
(viii) working with a diverse population;
(ix) an overview of child abuse and maltreatment identification and
reporting responsibilities; and
(x) information on the availability of medical and legal assistance
for such clients.
(c) The department shall provide technical assistance to approved
[rape] SEXUAL BATTERY crisis programs to implement training programs in
accordance with the minimum standards set forth in this subdivision.
§ 62. The article heading of article 6-A of the public health law, as
added by chapter 1 of the laws of 2000, is amended to read as follows:
[RAPE] SEXUAL BATTERY CRISIS INTERVENTION AND PREVENTION
PROGRAM
§ 63. Section 695 of the public health law, as added by chapter 1 of
the laws of 2000, is amended to read as follows:
§ 695. Short title. This article shall be known and may be cited as
the ["rape] "SEXUAL BATTERY crisis intervention and prevention act of
two thousand".
§ 64. Subdivisions 1, 5, 6, 7, 8 and 9 of section 695-a of the public
health law, as added by chapter 1 of the laws of 2000 and subdivision 9
as amended by chapter 264 of the laws of 2003, are amended to read as
follows:
1. ["Rape] "SEXUAL BATTERY crisis intervention and prevention program"
means any program which has been approved by the department offering
counseling and assistance to clients concerning sex offenses, sexual
abuse, or incest.
5. "Client" means any person seeking or receiving the services of a
[rape] SEXUAL BATTERY crisis counselor for the purpose of securing coun-
seling or assistance concerning any sex offense, sexual abuse, incest,
or attempt to commit a sex offense, sexual abuse, or incest.
A. 10412 29
6. "Hotline" means twenty-four-hour access to [rape] SEXUAL BATTERY
crisis intervention and prevention services including telephone hotline
and telephone counseling capabilities.
7. "Community prevention" means public education projects designed to
encourage victim use of [rape] SEXUAL BATTERY crisis intervention
services, educating the general public about the availability and
significance of [rape] SEXUAL BATTERY crisis intervention services,
providing sex offense, sexual abuse or incest prevention and personal
safety information, providing other education programs which sensitize
service providers and the general public about the nature of sex
offenses, sexual abuse or incest and the needs of survivors of a sex
offense, sexual abuse or incest. "Community prevention" also means and
includes public education projects designed to teach the general public
about the problem of acquaintance [rape] SEXUAL BATTERY, including but
not limited to: (a) the importance of promptly respecting the decision
of another person not to engage in sexual conduct; and (b) the right of
every individual to make such a decision and have it respected.
8. "Recruitment and training programs" means programs designed to
recruit and train staff or volunteers in a [rape] SEXUAL BATTERY crisis
intervention and prevention program as well as training or education to
other agencies participating in a community support system.
9. "Accompaniment services" means services that assure the presence of
a trained [rape] SEXUAL BATTERY crisis worker to assist and support the
client, at hospitals, law enforcement agencies, district attorneys'
offices, courts and other agencies.
§ 65. Subdivision 1 of section 695-b of the public health law, as
added by chapter 1 of the laws of 2000, is amended to read as follows:
1. The department is hereby authorized to contract, within amounts
appropriated, for the provision of [rape] SEXUAL BATTERY crisis inter-
vention and prevention programs as provided herein. Rules, regulations
and guidelines as shall be necessary or appropriate to assure successful
implementation of this program shall be promulgated by the department.
§ 66. Paragraph (b) of subdivision 1, subdivision 3, subparagraph 3 of
paragraph (a) and subparagraph 3 of paragraph (b) of subdivision 4-b,
subdivision 5, and subparagraph 1 of paragraph (a) of subdivision 6 of
section 2805-i of the public health law, as amended by chapter 504 of
the laws of 1994, paragraph (b) of subdivision 1 as separately amended
by section 1 of subpart S and section 2 of subpart A of part XX of chap-
ter 55 of the laws of 2020, subparagraph 3 of paragraph (a) of subdivi-
sion 4-b and subdivision 5 as amended by chapter 1 of the laws of 2000,
subparagraph 3 of paragraph (b) of subdivision 4-b as amended by section
3 of subpart A of part XX of chapter 55 of the laws of 2020, and subpar-
agraph 1 of paragraph (a) of subdivision 6 as amended by section 4 of
subpart A of part XX of chapter 55 of the laws of 2020, are amended to
read as follows:
(b) informing sexual offense victims of the availability of [rape]
SEXUAL BATTERY crisis and local victim assistance organizations, if any,
in the geographic area served by the hospital, and contacting a [rape]
SEXUAL BATTERY crisis or local victim assistance organization to estab-
lish the coordination of non-medical services, including but not limited
to transportation within the geographic area served by that organiza-
tion, upon the conclusion of initial medical services, free of charge
from the medical facility to sexual offense victims who request such
coordination and services;
3. Upon admittance or commencement of treatment of the alleged sexual
offense victim, the hospital shall advise the victim of the availability
A. 10412 30
of the services of a local [rape] SEXUAL BATTERY crisis or victim
assistance organization, if any, to accompany the victim through the
sexual offense examination. If after receiving such advice the sexual
offense victim wishes the presence of a [rape] SEXUAL BATTERY crisis or
victim assistance advocate, the hospital shall contact the appropriate
organization and request that one be provided, provided, however, that
if in the professional judgment of the treating practitioner a delay in
treatment is detrimental to the provision of medical treatment, then
examination or treatment need not be delayed pending the arrival of such
advocate and further provided that the presence or continued presence of
such advocate does not interfere with the provision of necessary medical
care to the victim.
(3) the capacity of the hospital site to coordinate services for
victims of sexual offenses including medical treatment, [rape] SEXUAL
BATTERY crisis counseling, psychological support, law enforcement
assistance and forensic evidence collection;
(3) Promptly after the examination is completed, the victim shall be
permitted to shower, be provided with a change of clothing, be informed
that a [rape] SEXUAL BATTERY crisis or victim assistance organization
providing victim assistance to the geographic area served by that hospi-
tal is available to provide transportation within the geographic area
served by that organization, upon the conclusion of initial medical
services, free of charge from the medical facility, and receive follow-
up information, counseling, medical treatment and referrals for same.
5. The commissioner shall promulgate such rules and regulations as may
be necessary and proper to carry out effectively the provisions of this
section. Prior to promulgating such rules and regulations, the commis-
sioner shall consult with relevant police agencies, forensic laborato-
ries, [rape] SEXUAL BATTERY crisis centers, hospitals, and other such
persons as the commissioner deems necessary. Such rules and regulations
shall identify the offenses subject to the provisions of this section,
provide a specific definition of sexual offense evidence and require
each hospital to contact its local police agency and forensic laboratory
to determine their specific needs or requirements.
(1) consult with a local [rape] SEXUAL BATTERY crisis or local victim
assistance organization, to have a representative of such organization
accompany the victim through the sexual offense examination, to have
such an organization be summoned by the medical facility, police agency,
prosecutorial agency or other law enforcement agency before the
commencement of the physical examination or interview, pursuant to this
section, and to have such organization provide transportation within the
geographic area served by that organization, free of charge from the
medical facility to sexual offense victims who request such services
upon discharge;
§ 67. Section 2805-p of the public health law, as added by chapter 625
of the laws of 2003, is amended to read as follows:
§ 2805-p. Emergency treatment of [rape] SEXUAL BATTERY survivors. 1.
As used in this section:
(a) "Emergency contraception" shall mean one or more prescription
drugs used separately or in combination to be administered or self-ad-
ministered by a patient to prevent pregnancy within a medically recom-
mended amount of time after sexual intercourse and dispensed for that
purpose in accordance with professional standards of practice and deter-
mined by the United States Food and Drug Administration to be safe.
A. 10412 31
(b) "Emergency treatment" shall mean any medical examination or treat-
ment provided by a hospital to a [rape] SEXUAL BATTERY survivor follow-
ing an alleged [rape] SEXUAL BATTERY.
(c) ["Rape"] "SEXUAL BATTERY" shall mean any act defined in section
130.25, 130.30 or 130.35 of the penal law.
(d) ["Rape] "SEXUAL BATTERY survivor" or "survivor" shall mean any
female person who alleges or is alleged to have been [raped] SEXUALLY
BATTERED and who presents as a patient.
2. Every hospital providing emergency treatment to a [rape] SEXUAL
BATTERY survivor shall promptly:
(a) provide such survivor with written information prepared or
approved, pursuant to subdivision three of this section, relating to
emergency contraception;
(b) orally inform such survivor of the availability of emergency
contraception, its use and efficacy; and
(c) provide emergency contraception to such survivor, unless contrain-
dicated, upon her request. No hospital may be required to provide emer-
gency contraception to a [rape] SEXUAL BATTERY survivor who is pregnant.
3. The commissioner shall develop, prepare and produce informational
materials relating to emergency contraception for distribution to and
use in all hospitals in the state, in quantities sufficient to comply
with the requirements of this section. The commissioner may also approve
informational materials from medically recognized sources for the
purposes of this section. Such informational material shall be in clear
and concise language, readily comprehensible, in such varieties and
forms as the commissioner shall deem necessary to inform survivors in
English and languages other than English. Such materials shall explain
the nature of emergency contraception including its use and efficacy.
4. The commissioner shall promulgate all such rules and regulations as
may be necessary and proper to implement the provisions of this section.
§ 68. Section 48-a of the public service law, as added by chapter 517
of the laws of 2021, is amended to read as follows:
§ 48-a. Utility services; domestic violence victims. Every utility
corporation shall allow a person who is under a shared contract with
such utility corporation and who is a victim of domestic violence, to
opt-out of such contract without charge when such person requests to
opt-out in writing and provides to such utility corporation any of the
following documents, which shall relate to such domestic violence, with-
in six months of the document's issuance: (a) a valid domestic violence
incident report form, as such term is defined in subdivision fifteen of
section eight hundred thirty-seven of the executive law; (b) a valid
police report; (c) a valid order of protection; (d) a signed affidavit
from a licensed medical or mental health care provider, employee of a
court acting within the scope of his or her employment, social worker, a
[rape] SEXUAL BATTERY crisis counselor, as defined in section forty-five
hundred ten of the civil practice law and rules, or advocate acting on
behalf of an agency that assists domestic violence victims. A claim for
opting-out of such contract without charge shall be made in good faith.
Such utility corporation shall waive the otherwise applicable charges
for such person requesting to opt-out of such contract.
§ 69. Subdivision 8 of section 91 of the public service law, as added
by chapter 186 of the laws of 2019, is amended to read as follows:
8. Every telephone corporation, as defined in this chapter, shall
allow a person who is under contract including, but not limited to, a
multi-year contract or bundle contract with such telephone corporation,
to opt-out of such contract without charge when such person is a victim
A. 10412 32
of domestic violence and requests to opt-out in writing. Such victim of
domestic violence shall provide to such telephone corporation any of the
following documents, which shall relate to such domestic violence, with-
in six months of the document's issuance: (a) a valid domestic violence
incident report form, as such term is defined in subdivision fifteen of
section eight hundred thirty-seven of the executive law; (b) a valid
police report; (c) a valid order of protection; (d) a signed affidavit
from a licensed medical or mental health care provider, employee of a
court acting within the scope of his or her employment, social worker, a
[rape] SEXUAL BATTERY crisis counselor, as defined in section forty-five
hundred ten of the civil practice law and rules, or advocate acting on
behalf of an agency that assists domestic violence victims. A claim for
opting-out of such contract without charge shall be made in good faith.
Such telephone corporation shall waive the otherwise applicable charges
for such person requesting to opt-out of such contract.
§ 70. Paragraph (b) of subdivision 20 of section 131 of the social
services law, as added by chapter 427 of the laws of 2009, is amended to
read as follows:
(b) [rape] SEXUAL BATTERY crisis centers; and
§ 71. Clause (A) of subparagraph 1 of paragraph (e) of subdivision 2
of section 378-a of the social services law, as amended by chapter 92 of
the laws of 2021, is amended to read as follows:
(A) a felony conviction at any time involving: (i) child abuse or
neglect; (ii) spousal abuse; (iii) a crime against a child, including
child pornography; or (iv) a crime involving violence, including [rape]
SEXUAL BATTERY, sexual assault, or homicide, other than a crime involv-
ing physical assault or battery; or
§ 72. Paragraph (A) of subdivision 1 of section 384-c of the social
services law, as amended by chapter 371 of the laws of 2013, is amended
to read as follows:
(A) [rape] SEXUAL BATTERY in first or second degree;
§ 73. Section 6-125 of the administrative code of the city of New
York, as added by local law number 26 of the city of New York for the
year 2003, is amended to read as follows:
§ 6-125. a. For the purposes of this section only, the following terms
shall have the following meanings:
(1) "City agency" means a city, county, borough, administration,
department, division bureau, board or commission, or a corporation,
institution or agency of government the expenses of which are paid in
whole or in part from the city treasury, but shall not include the
health and hospitals corporation.
(2) "Covered agreement" means any agreement, including but not limited
to, memoranda of understanding, and excluding contracts, entered into on
or after the effective date of the local law that added this section,
between a hospital and a city agency.
(3) "Covered contract" means any contract entered into on or after the
effective date of the local law that added this section, between a
hospital and a city agency.
(4) "Emergency contraception" shall mean one or more prescription
drugs, used separately or in combination, to be administered to or self-
administered by a patient in a dosage and manner intended to prevent
pregnancy when used within a medically recommended amount of time
following sexual intercourse and dispensed for that purpose in accord-
ance with professional standards of practice, and which has been found
safe and effective for such use by the United States food and drug
administration.
A. 10412 33
(5) "Hospital" means any facility operating pursuant to article 28 of
the public health law which provides emergency medical care.
(6) ["Rape] "SEXUAL BATTERY victim" means any female person who
alleges or is alleged to have been [raped] SEXUALLY BATTERED and
presents to a hospital.
b. No city agency shall enter into a covered agreement or covered
contract with any hospital that does not contain a provision whereby
such hospital agrees to inform [rape] SEXUAL BATTERY victims presenting
to its emergency department of the availability of emergency contracep-
tion and, if requested, to administer, if medically appropriate, such
contraception in a timely manner.
c. No city agency shall enter into a covered agreement or covered
contract with any hospital that does not contain a provision whereby
such hospital agrees to provide the department of health and mental
hygiene, on an annual basis, a report indicating the following informa-
tion with respect to each reporting period: i) the number of [rape]
SEXUAL BATTERY victims treated in such hospital's emergency department;
ii) the number of [rape] SEXUAL BATTERY victims treated in such hospi-
tal's emergency department which were offered emergency contraception;
iii) the number of [rape] SEXUAL BATTERY victims treated in such hospi-
tal's emergency department for whom the administration of emergency
contraception was not medically indicated and a brief explanation of the
contraindication; and iv) the number of times emergency contraception
was accepted or declined by a [rape] SEXUAL BATTERY victim treated in
such hospital's emergency department.
d. No city agency shall enter into a covered agreement or covered
contract with any hospital that does not contain a provision whereby
such hospital agrees to provide the department of health and mental
hygiene with a copy of its protocol for treatment of victims of sexual
assault, which hospitals are required to establish pursuant to section
405.19 of title 10 of the codes, rules and regulations of the state of
New York; provided however, that such hospital shall be required to
provide such protocol upon amendment or renewal of a covered agreement
or covered contract only if such protocol has been amended since the
date such hospital initially entered into such covered agreement or
covered contract.
e. A hospital shall be liable for a civil penalty of not less than
five thousand dollars upon a determination that such hospital has been
found, through litigation or arbitration, to have made a false claim
with respect to its provision of information to [rape] SEXUAL BATTERY
victims regarding the availability of emergency contraception or its
provision of emergency contraception, if medically indicated, to [rape]
SEXUAL BATTERY victims in a timely manner.
§ 74. Paragraphs 22, 23 and 24 of subdivision b and paragraph 8 of
subdivision c of section 9-156 of the administrative code of the city of
New York, as added by local law number 21 of the city of New York for
the year 2019, are amended to read as follows:
22. Whether a [rape] SEXUAL BATTERY kit was administered, declined or
not applicable;
23. If a [rape] SEXUAL BATTERY kit was deemed not applicable, whether
that determination was the result of a delay in reporting, due to the
type of abuse alleged to have occurred, or any other reason;
24. Whether a sexual assault nurse examiner or sexual assault response
team was present during the administration of a [rape] SEXUAL BATTERY
kit; and
A. 10412 34
8. Whether the alleged victim was referred to trauma or [rape] SEXUAL
BATTERY crisis services following the incident and if the victim
accepted or declined such services while in custody;
§ 75. The opening paragraph of paragraph 4 of subdivision a of section
14-150 of the administrative code of the city of New York, as separately
amended by local law numbers 71 and 108 of the city of New York for the
year 2016, is amended to read as follows:
A crime status report. Such report shall include the total number of
crime complaints (categorized by class of crime, indicating whether the
crime is a misdemeanor or felony) for each patrol precinct, including a
subset of housing bureau and transit bureau complaints within each
precinct; arrests (categorized by class of crime, indicating whether the
arrest is for a misdemeanor or felony) for each patrol precinct, housing
police service area, transit district, street crime unit and narcotics
division; summons activity (categorized by type of summons, indicating
whether the summons is a parking violation, moving violation, environ-
mental control board notice of violation, or criminal summons) for each
patrol precinct, housing police service area and transit district;
domestic violence radio runs for each patrol precinct; average response
time for critical and serious crimes in progress for each patrol
precinct; overtime statistics for each patrol borough and operational
bureau performing an enforcement function within the police department,
including, but not limited to, each patrol precinct, housing police
service area, transit district and patrol borough street crime unit, as
well as the narcotics division, fugitive enforcement division and the
special operations division, including its subdivisions, but shall not
include internal investigative commands and shall not include undercover
officers assigned to any command. Such report shall also include the
total number of complaints of all sex offenses as defined in article 130
of the New York state penal law, in total and disaggregated by the
following offenses: [rape] SEXUAL BATTERY as defined in sections 130.25,
130.30, and 130.35; criminal sexual act as defined in sections 130.40,
130.45, and 130.50; misdemeanor sex offenses as defined in sections
130.20, 130.52, 130.55, and 130.60; sexual abuse as defined in sections
130.65, 130.65-a, 130.66, 130.67, and 130.70; course of sexual conduct
against a child as defined in sections 130.75 and 130.80; and predatory
sexual assault as defined in sections 130.95 and 130.96. Such report
shall also include the total number of major felony crime complaints for
properties under the jurisdiction of the department of parks and recre-
ation, pursuant to the following timetable:
§ 76. Paragraph 3 of subdivision a of section 14-161 of the adminis-
trative code of the city of New York, as added by local law number 110
of the city of New York for the year 2016, is amended to read as
follows:
3. the number of reported [rapes] SEXUAL BATTERIES related to domestic
violence;
§ 77. Paragraph 2 of subdivision b of section 14-171 of the adminis-
trative code of the city of New York, as added by local law number 42 of
the city of New York for the year 2018, is amended to read as follows:
2. [Rape] SEXUAL BATTERY as defined in article 130 of the penal law;
§ 78. Subdivision b of section 14-180 of the administrative code of
the city of New York, as added by local law number 194 of the city of
New York for the year 2018, is amended to read as follows:
b. Special victims training program. The department, after considering
information from outside experts, shall develop and implement a victim-
centered special victims training program designed to develop skills
A. 10412 35
related to the investigation of sexual crimes and the specific needs of
victims of sexual crimes. The curriculum shall consider nationally
recognized best practices and factors contributing to the additional
complexity of sexual assault investigations including the depth of
victimization, the negative social consequences of sexual assault, the
trauma and neurobiological damage inflicted by sexual assault, the
complexity of victim management, the falsity or partially truthful
disclosure of complaints, the large unreported rate of sexual assaults
and any other training deemed relevant to sexual assault cases by the
commissioner. Such program shall include the following training compo-
nents: the Forensic Experiential Trauma Interview method, specialized
investigative training for sexual assault cases including non-stranger
sexual assault and controlled communications, district attorney based
training related to legal evidentiary standards and penal law article
130 crimes, Sexual Assault Forensic Examiner training, Sex Offender
Registration Act training, hospital based training, victim advocate
based training and any other training courses currently offered by the
NYPD for special victims investigators including but not limited to DNA
evidence, investigation of complex cases, drug-facilitated sexual
assault, neurobiology of sexual assault, [rape] SEXUAL BATTERY crisis
counselor training, peer based investigative process training, abusive
head trauma training and any other training deemed relevant to sexual
assault cases by the commissioner, except that the commissioner may
eliminate a training component or replace a training component with an
alternative component in order to provide comprehensive victim-centered
training. Such program shall include a proficiency examination or demon-
stration for each training component and shall be of a length the
commissioner determines is sufficient to ensure that special victims
investigators are capable of utilizing such skills.
§ 79. Subparagraph (a) of paragraph 1 of subdivision b of section
20-914 of the administrative code of the city of New York, as amended by
local law number 97 of the city of New York for the year 2020, is
amended to read as follows:
(a) to obtain services from a domestic violence shelter, [rape] SEXUAL
BATTERY crisis center, or other shelter or services program for relief
from a family offense matter, sexual offense, stalking, or human traf-
ficking;
§ 80. This act shall take effect immediately; provided however, that
if chapter 38 of the laws of 2022 shall not have taken effect on or
before such date, then sections fifty-one and fifty-three of this act
shall take effect on the same date and in the same manner as such chap-
ter of the laws of 2022 takes effect.
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