S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8558
 
                           I N  A S S E M B L Y
 
                              January 9, 2024
                                ___________
 
 Introduced  by  M. of A. CRUZ -- read once and referred to the Committee
   on Codes
 
 AN ACT  to  amend  the  penal  law,  the  criminal  procedure  law,  the
   correction  law, the social services law, the vehicle and traffic law,
   the family court act, the civil rights law, the civil practice law and
   rules, the agriculture and markets  law  and  the  judiciary  law,  in
   relation  to  certain sex offenses; and to amend a chapter of the laws
   of 2023, amending the penal  law,  the  criminal  procedure  law,  the
   correction  law, the social services law, the vehicle and traffic law,
   the family court act, the civil rights law, the civil practice law and
   rules, the agriculture and markets law,  the  judiciary  law  and  the
   domestic relations law relating to sex offenses, as proposed in legis-
   lative  bills  numbers S. 3161 and A.  3340, in relation to the effec-
   tiveness thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  10  of  section  130.00 of the penal law, as
 amended by chapter 264 of the laws  of  2003,  is  amended  to  read  as
 follows:
   10.  "Sexual conduct" means VAGINAL sexual [intercourse] CONTACT, oral
 sexual [conduct] CONTACT,  anal  sexual  [conduct]  CONTACT,  aggravated
 sexual contact, or sexual contact.
   §  2. Paragraph 2 of subdivision 18 of section 10.00 of the penal law,
 as amended by a chapter of the laws of 2023 amending the penal law,  the
 criminal procedure law, the correction law, the social services law, the
 vehicle and traffic law, the family court act, the civil rights law, the
 civil practice law and rules, the agriculture and markets law, the judi-
 ciary  law  and  the domestic relations law relating to sex offenses, as
 proposed in legislative bills numbers S. 3161 and A. 3340, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07466-02-4
 A. 8558                             2
 
 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); paragraphs (a) and
 (b) of subdivision one, paragraphs (a) and (b) of subdivision  two,  and
 paragraphs  (a)  and (b) of subdivision three of section 130.35 (rape in
 the first degree); FORMER SUBDIVISIONS ONE AND  TWO  OF  SECTION  130.35
 (RAPE  IN  THE  FIRST  DEGREE);  SUBDIVISIONS  ONE AND TWO OF THE FORMER
 SECTION 130.50; 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 this chapter.
   §  3. Subdivision 2 of section 30.00 of the penal law, as amended by a
 chapter of the laws of 2023 amending the penal law, the criminal  proce-
 dure  law,  the correction law, the social services law, the vehicle and
 traffic law, the family court act, the civil rights law, the civil prac-
 tice law and rules, the agriculture and markets law, the  judiciary  law
 and  the domestic relations law relating to sex offenses, as proposed in
 legislative bills numbers S. 3161 and A. 3340, 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); paragraphs (a) and (b) of subdivision one, paragraphs  (a)  and
 (b)  of  subdivision two and paragraphs (a) and (b) of subdivision three
 of section 130.35 (rape in the first degree);  FORMER  SUBDIVISIONS  ONE
 AND  TWO  OF SECTION 130.35 (RAPE IN THE FIRST DEGREE); subdivisions one
 and two of FORMER 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.
   § 4. Paragraph (b) of subdivision 2 of section 35.15 of the penal law,
 as  amended by a chapter of the laws of 2023 amending the penal law, the
 A. 8558                             3
 
 criminal procedure law, the correction law, the social services law, the
 vehicle and traffic law, the family court act, the civil rights law, the
 civil practice law and rules, the agriculture and markets law, the judi-
 ciary  law  and  the domestic relations law relating to sex offenses, as
 proposed in legislative bills numbers S. 3161 and A. 3340, is amended to
 read as follows:
   (b) He or she reasonably believes that such other person is committing
 or attempting to commit a kidnapping, forcible rape, forcible aggravated
 sexual abuse, A CRIME FORMERLY DEFINED IN SECTION 130.50 OF THIS CHAPTER
 BY FORCE, or robbery; or
   § 5. 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 a chapter of the laws of  2023  amending
 the  penal  law,  the  criminal  procedure  law, the correction law, the
 social services law, the vehicle and traffic law, the family court  act,
 the  civil rights law, the civil practice law and rules, the agriculture
 and markets law, the judiciary law and the domestic relations law relat-
 ing to sex offenses, as proposed in legislative bills  numbers  S.  3161
 and A.  3340, are amended to read as follows:
   (a)  Class  B  violent felony offenses: an attempt to commit the class
 A-I felonies of murder in  the  second  degree  as  defined  in  section
 125.25, kidnapping in the first degree as defined in section 135.25, and
 arson  in the first degree as defined in section 150.20; manslaughter in
 the first degree as defined in section 125.20,  aggravated  manslaughter
 in  the  first  degree  as  defined in section 125.22, rape in the first
 degree as defined in section 130.35, [criminal sexual act in  the  first
 degree as] A CRIME FORMERLY 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
 weapon  in  the second degree as defined in section 490.40, and criminal
 use of a chemical weapon or biological weapon in  the  third  degree  as
 defined in section 490.47.
   (c)  Class  D violent felony offenses: an attempt to commit any of the
 class C felonies set forth in paragraph (b); reckless assault of a child
 as defined in section 120.02, assault in the second degree as defined in
 section 120.05, menacing a police officer or peace officer as defined in
 section 120.18, stalking in the first degree, as defined in  subdivision
 one  of section 120.60, strangulation in the second degree as defined in
 section 121.12, rape in the second degree as defined in section  130.30,
 A  CRIME  FORMERLY  DEFINED IN SECTION 130.45, sexual abuse in the first
 A. 8558                             4
 
 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,  facili-
 tating  a  sex offense with a controlled substance as defined in section
 130.90, labor trafficking as defined in paragraphs (a) and (b) of subdi-
 vision three of section 135.35, criminal possession of a weapon  in  the
 third  degree as defined in subdivision five, six, seven, eight, nine or
 ten of section 265.02, criminal sale of a firearm in the third degree as
 defined in section 265.11, intimidating  a  victim  or  witness  in  the
 second  degree  as  defined  in  section 215.16, soliciting or providing
 support for an act of terrorism in  the  second  degree  as  defined  in
 section  490.10,  and  making a terroristic threat as defined in section
 490.20, falsely reporting an incident in the first degree as defined  in
 section 240.60, placing a false bomb or hazardous substance in the first
 degree  as  defined in section 240.62, placing a false bomb or hazardous
 substance in a sports stadium or arena, mass transportation facility  or
 enclosed  shopping  mall as defined in section 240.63, aggravated unper-
 mitted use of indoor pyrotechnics in the  first  degree  as  defined  in
 section 405.18, and criminal manufacture, sale, or transport of an unde-
 tectable firearm, rifle or shotgun as defined in section 265.50.
   §  6. Paragraph b of subdivision 5 of section 120.40 of the penal law,
 as amended by a chapter of the laws of 2023 amending the penal law,  the
 criminal procedure law, the correction law, the social services law, the
 vehicle and traffic law, the family court act, the civil rights law, the
 civil practice law and rules, the agriculture and markets law, the judi-
 ciary  law  and  the domestic relations law relating to sex offenses, as
 proposed in legislative bills numbers S. 3161 and A. 3340, is amended to
 read as follows:
   b. a crime defined in section 130.20, 130.25, 130.30, 130.55,  130.60,
 130.70,  255.25, 255.26 or 255.27, OR FORMERLY DEFINED IN SECTION 130.40
 OR 130.45;
   § 7. Paragraph (d) of subdivision 2 and paragraph (h) of subdivision 3
 of section 130.05 of the penal law, as amended by a chapter of the  laws
 of  2023  amending  the  penal  law,  the  criminal  procedure  law, the
 correction law, the social services law, the vehicle  and  traffic  law,
 the  family  court act, the civil rights law, the civil practice law and
 rules, the agriculture and markets law, the judiciary law and the domes-
 tic relations law relating to sex offenses, as proposed  in  legislative
 bills numbers S.  3161 and A. 3340, are amended to read as follows:
   (d)  Where  the offense charged is rape in the third degree as defined
 in subdivision seven, eight or  nine  of  section  130.25,  OR  A  CRIME
 FORMERLY  DEFINED IN SUBDIVISION THREE OF SECTION 130.40, in addition to
 forcible [vaginal sexual contact] compulsion, circumstances under which,
 at the time of the act of [intercourse]  VAGINAL  SEXUAL  CONTACT,  oral
 sexual contact or anal sexual contact, the victim clearly expressed that
 he or she did not consent to engage in such act, and a reasonable person
 in  the  actor's situation would have understood such person's words and
 acts as an expression of lack of consent  to  such  act  under  all  the
 circumstances.
   (h)  a  client  or  patient and the actor is a health care provider or
 mental health care provider charged with rape in  the  third  degree  as
 defined  in  section 130.25, A CRIME FORMERLY DEFINED IN SECTION 130.40,
 aggravated sexual abuse in the  fourth  degree  as  defined  in  section
 130.65-a,  or  sexual  abuse  in  the third degree as defined in section
 130.55, and the act of sexual conduct occurs during a treatment session,
 consultation, interview, or examination; or
 A. 8558                             5
 
   § 8. The opening paragraph of subdivision 3 of section 125.25  of  the
 penal  law,  as  amended  by  a chapter of the laws of 2023 amending the
 penal law, the criminal procedure law, the correction  law,  the  social
 services  law,  the  vehicle  and traffic law, the family court act, the
 civil  rights law, the civil practice law and rules, the agriculture and
 markets law, the judiciary law and the domestic relations  law  relating
 to sex offenses, as proposed in legislative bills numbers S. 3161 and A.
 3340, is amended to read as follows:
   Acting  either  alone or with one or more other persons, he commits or
 attempts to commit robbery, burglary, kidnapping,  arson,  rape  in  the
 first  degree, A CRIME FORMERLY DEFINED IN SECTION 130.50 OF THIS TITLE,
 THE CRIME OF 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 there-
 from, he, or another participant, if there be any, causes the death of a
 person other than one of the participants; except  that  in  any  prose-
 cution  under  this subdivision, in which the defendant was not the only
 participant in the underlying crime, it is an affirmative  defense  that
 the defendant:
   § 9. Subdivision 5 of section 125.25 of the penal law, as amended by a
 chapter  of the laws of 2023 amending the penal law, the criminal proce-
 dure law, the correction law, the social services law, the  vehicle  and
 traffic law, the family court act, the civil rights law, the civil prac-
 tice  law  and rules, the agriculture and markets law, the judiciary law
 and the domestic relations law relating to sex offenses, as proposed  in
 legislative  bills  numbers  S.  3161 and A. 3340, is amended to read as
 follows:
   5. Being eighteen years old or more, while in the course of committing
 rape in the first, second or third degree, A CRIME FORMERLY  DEFINED  IN
 SECTION  130.50,  130.45  OR  130.40  OF THIS TITLE, THE CRIME OF 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.
   § 10. Subparagraph (vii) of paragraph (a) of subdivision 1 of  section
 125.27  of  the  penal  law, as amended by a chapter of the laws of 2023
 amending the penal law, the criminal procedure law, the correction  law,
 the  social  services law, the vehicle and traffic law, the family court
 act, the civil rights law, the civil practice law and rules,  the  agri-
 culture  and  markets  law, the judiciary law and the domestic relations
 law relating to sex offenses, as proposed in legislative  bills  numbers
 S.  3161 and A. 3340, is amended to read as follows:
   (vii)  the  victim was killed while the defendant was in the course of
 committing or attempting  to  commit  and  in  furtherance  of  robbery,
 burglary  in  the first degree or second degree, kidnapping in the first
 degree, arson in the first degree or second degree, rape  in  the  first
 degree, A CRIME FORMERLY DEFINED IN SECTION 130.50 OF THIS TITLE, sexual
 abuse  in  the first degree, aggravated sexual abuse in the first degree
 or escape in the first degree, or in the course of  and  furtherance  of
 immediate flight after committing or attempting to commit any such crime
 or in the course of and furtherance of immediate flight after attempting
 to  commit  the  crime of murder in the second degree; provided however,
 the victim is not a participant in one of the aforementioned crimes and,
 provided further that, unless the defendant's criminal  liability  under
 this  subparagraph  is based upon the defendant having commanded another
 person to cause the death of the victim or intended victim  pursuant  to
 A. 8558                             6
 
 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. Subdivision 3 of section 130.10 of the penal law, as amended by
 a chapter of the laws of 2023  amending  the  penal  law,  the  criminal
 procedure  law, the correction law, the social services law, the vehicle
 and traffic law, the family court act, the civil rights law,  the  civil
 practice  law  and rules, the agriculture and markets law, the judiciary
 law and the domestic relations law relating to sex offenses, as proposed
 in legislative bills numbers S. 3161 and A. 3340, is amended to read  as
 follows:
   3.  In  any  prosecution  for the crime of rape in the third degree as
 defined in section 130.25, A CRIME FORMERLY 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.
   § 12. The opening paragraph and subdivision 2 of section 130.95 of the
 penal law, as amended by a chapter of the  laws  of  2023  amending  the
 penal  law,  the  criminal procedure law, the correction law, the social
 services law, the vehicle and traffic law, the  family  court  act,  the
 civil  rights law, the civil practice law and rules, the agriculture and
 markets law, the judiciary law and the domestic relations  law  relating
 to sex offenses, as proposed in legislative bills numbers S. 3161 and A.
 3340, are amended to read as follows:
   A  person is guilty of predatory sexual assault when he or she commits
 the crime of rape in the first  degree,  A  CRIME  FORMERLY  DEFINED  IN
 SECTION  130.50  OF  THIS TITLE, THE CRIME OF 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 in
 the first degree, A CRIME FORMERLY DEFINED IN  SECTION  130.50  OF  THIS
 TITLE,  THE  CRIME  OF  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
   § 13. The opening paragraph of section 130.96 of  the  penal  law,  as
 amended  by  a  chapter  of the laws of 2023 amending the penal law, the
 criminal procedure law, the correction law, the social services law, the
 vehicle and traffic law, the family court act, the civil rights law, the
 civil practice law and rules, the agriculture and markets law, the judi-
 ciary law and the domestic relations law relating to  sex  offenses,  as
 proposed in legislative bills numbers S. 3161 and A. 3340, is amended to
 read as follows:
   A  person  is guilty of predatory sexual assault against a child when,
 being eighteen years old or more, he or she commits the crime of rape in
 the first degree,  A CRIME FORMERLY DEFINED IN SECTION  130.50  OF  THIS
 TITLE,  THE  CRIME  OF  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.
   § 14. Subdivision 2 of section 240.75 of the penal law, as amended  by
 a  chapter  of  the  laws  of  2023 amending the penal law, the criminal
 procedure law, the correction law, the social services law, the  vehicle
 A. 8558                             7
 
 and  traffic  law, the family court act, the civil rights law, the civil
 practice law and rules, the agriculture and markets law,  the  judiciary
 law and the domestic relations law relating to sex offenses, as proposed
 in  legislative bills numbers S. 3161 and A. 3340, is amended to read as
 follows:
   2. A "specified offense" is  an  offense  defined  in  section  120.00
 (assault  in  the  third  degree); section 120.05 (assault in the second
 degree); section 120.10 (assault in the first  degree);  section  120.13
 (menacing  in  the first degree); section 120.14 (menacing in the second
 degree); section 120.15 (menacing in the third degree);  section  120.20
 (reckless  endangerment  in the second degree); section 120.25 (reckless
 endangerment in the first  degree);  section  120.45  (stalking  in  the
 fourth  degree);  section 120.50 (stalking in the third degree); section
 120.55 (stalking in the second degree); section 120.60 (stalking in  the
 first  degree);  section  121.11  (criminal  obstruction of breathing or
 blood circulation); section 121.12 (strangulation in the second degree);
 section 121.13 (strangulation in the first degree); subdivision  one  of
 section 125.15 (manslaughter in the second degree); subdivision one, two
 or  four  of  section 125.20 (manslaughter in the first degree); section
 125.25 (murder in the second degree);  section  130.20  (sexual  miscon-
 duct);  section  130.25 (rape in the third degree); section 130.30 (rape
 in the second degree);  section  130.35  (rape  in  the  first  degree);
 FORMERLY  DEFINED IN SECTION 130.40; FORMERLY DEFINED IN SECTION 130.45;
 FORMERLY DEFINED IN SECTION 130.50; DEFINED IN section 130.52  (forcible
 touching);  section  130.53  (persistent  sexual  abuse); section 130.55
 (sexual abuse in the third degree); section 130.60 (sexual abuse in  the
 second  degree);  section  130.65  (sexual  abuse  in the first degree);
 section 130.66 (aggravated sexual abuse in the  third  degree);  section
 130.67  (aggravated  sexual  abuse in the second degree); section 130.70
 (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
 imprisonment in the first degree); section 135.60 (coercion in the third
 degree); section 135.61 (coercion in the second degree); section  135.65
 (coercion  in  the  first degree); section 140.20 (burglary in the third
 degree); section 140.25 (burglary in the second degree); section  140.30
 (burglary in the first degree); section 145.00 (criminal mischief in the
 fourth  degree); section 145.05 (criminal mischief in the third degree);
 section 145.10 (criminal mischief in the second degree); section  145.12
 (criminal  mischief  in  the  first  degree);  section  145.14 (criminal
 tampering in the third degree); section 215.50 (criminal contempt in the
 second degree); section 215.51 (criminal contempt in the first  degree);
 section  215.52  (aggravated criminal contempt); section 240.25 (harass-
 ment in the first degree); subdivision  one,  two  or  four  of  section
 240.30  (aggravated  harassment in the second degree); aggravated family
 offense as defined in this section  or  any  attempt  or  conspiracy  to
 commit  any of the foregoing offenses where the defendant and the person
 against whom the offense was committed were members of the  same  family
 or  household  as  defined  in  subdivision one of section 530.11 of the
 criminal procedure law.
   § 15. Section 255.26 of the penal law, as amended by a chapter of  the
 laws  of  2023  amending  the penal law, the criminal procedure law, the
 correction law, the social services law, the vehicle  and  traffic  law,
 the  family  court act, the civil rights law, the civil practice law and
 rules, the agriculture and markets law, the judiciary law and the domes-
 A. 8558                             8
 
 tic relations law relating to sex offenses, as proposed  in  legislative
 bills numbers S. 3161 and A. 3340, is amended to read as follows:
 § 255.26 Incest in the second degree.
   A  person  is  guilty  of  incest  in the second degree when he or she
 commits the crime of rape in the second degree, as  defined  in  section
 130.30  of  this  part, OR A CRIME FORMERLY 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, broth-
 er 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.
   §  16. Section 255.27 of the penal law, as amended by a chapter of the
 laws of 2023 amending the penal law, the  criminal  procedure  law,  the
 correction  law,  the  social services law, the vehicle and traffic law,
 the family court act, the civil rights law, the civil practice  law  and
 rules, the agriculture and markets law, the judiciary law and the domes-
 tic  relations  law relating to sex offenses, as proposed in legislative
 bills numbers S. 3161 and A. 3340, is amended to read as follows:
 § 255.27 Incest in the first degree.
   A person is guilty of incest in  the  first  degree  when  he  or  she
 commits  the  crime of rape in the first degree, as defined in paragraph
 (c) or (d) of subdivision one, paragraph (c) or (d) of  subdivision  two
 or  paragraph  (c) or (d) of subdivision three of section 130.35 of this
 part, RAPE IN THE FIRST DEGREE AS DEFINED IN FORMER SUBDIVISION THREE OR
 FOUR OF SECTION 130.35 OF THIS PART, OR  A  CRIME  FORMERLY  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.
   § 17. Subdivision 3 of section 485.05 of the penal law, as amended  by
 a  chapter  of  the  laws  of  2023 amending the penal law, the criminal
 procedure law, the correction law, the social services law, the  vehicle
 and  traffic  law, the family court act, the civil rights law, the civil
 practice law and rules, the agriculture and markets law,  the  judiciary
 law and the domestic relations law relating to sex offenses, as proposed
 in  legislative bills numbers S. 3161 and A. 3340, is amended to read as
 follows:
   3. A "specified offense" is an offense defined by any of the following
 provisions of  this  chapter:  section  120.00  (assault  in  the  third
 degree);  section  120.05 (assault in the second degree); section 120.10
 (assault in the first degree); section 120.12 (aggravated assault upon a
 person less than eleven years old);  section  120.13  (menacing  in  the
 first  degree);  section 120.14 (menacing in the second degree); section
 120.15 (menacing in the third degree); section 120.20  (reckless  endan-
 germent  in the second degree); section 120.25 (reckless endangerment in
 the first degree); section 121.12 (strangulation in the second  degree);
 section  121.13  (strangulation in the first degree); subdivision one of
 section 125.15 (manslaughter in the second degree); subdivision one, two
 or four of section 125.20 (manslaughter in the  first  degree);  section
 125.25  (murder  in  the second degree); section 120.45 (stalking in the
 fourth degree); section 120.50 (stalking in the third  degree);  section
 120.55  (stalking in the second degree); section 120.60 (stalking in the
 first degree); paragraph (a) of subdivision one, paragraph (a) of subdi-
 vision two and paragraph (a) of  subdivision  three  of  section  130.35
 (rape  in  the  first  degree); FORMER SUBDIVISION ONE OF SECTION 130.35
 A. 8558                             9
 
 (RAPE IN THE FIRST DEGREE); SUBDIVISION ONE OF  FORMER  SECTION  130.50;
 SUBDIVISION  ONE  OF  SECTION 130.65 (SEXUAL ABUSE IN THE FIRST DEGREE);
 paragraph (a) of subdivision one of section  130.67  (aggravated  sexual
 abuse in the second degree); paragraph (a) of subdivision one of section
 130.70  (aggravated  sexual  abuse  in the first degree); section 135.05
 (unlawful imprisonment in the second degree); section  135.10  (unlawful
 imprisonment  in  the  first  degree); section 135.20 (kidnapping in the
 second degree); section 135.25 (kidnapping in the first degree); section
 135.60 (coercion in the third degree); section 135.61 (coercion  in  the
 second  degree);  section 135.65 (coercion in the first degree); section
 140.10 (criminal trespass in the third degree); section 140.15 (criminal
 trespass in the second degree); section 140.17 (criminal trespass in the
 first degree); section 140.20 (burglary in the  third  degree);  section
 140.25  (burglary in the second degree); section 140.30 (burglary in the
 first degree); section 145.00 (criminal mischief in the fourth  degree);
 section  145.05  (criminal mischief in the third degree); section 145.10
 (criminal mischief in  the  second  degree);  section  145.12  (criminal
 mischief  in  the  first  degree);  section  150.05 (arson in the fourth
 degree); section 150.10 (arson in  the  third  degree);  section  150.15
 (arson  in  the  second  degree);  section  150.20  (arson  in the first
 degree); section 155.25 (petit larceny); section 155.30  (grand  larceny
 in  the  fourth  degree);  section  155.35  (grand  larceny in the third
 degree); section 155.40 (grand larceny in the  second  degree);  section
 155.42  (grand  larceny in the first degree); section 160.05 (robbery in
 the third degree);  section  160.10  (robbery  in  the  second  degree);
 section 160.15 (robbery in the first degree); section 240.25 (harassment
 in  the  first  degree);  subdivision one, two or four of section 240.30
 (aggravated harassment in the second degree); 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 prose-
 cution 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  (criminal
 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.
   § 18. Subdivision 42 of section 1.20 of the criminal procedure law, as
 amended  by  a  chapter  of the laws of 2023 amending the penal law, the
 criminal procedure law, the correction law, the social services law, the
 vehicle and traffic law, the family court act, the civil rights law, the
 civil practice law and rules, the agriculture and markets law, the judi-
 ciary law and the domestic relations law relating to  sex  offenses,  as
 proposed in legislative bills numbers S. 3161 and A. 3340, 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. 8558                            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); paragraphs (a)  and  (b)  of  subdivision  one,
 paragraphs  (a) and (b) of subdivision two and paragraphs (a) and (b) of
 subdivision three of section 130.35 (rape in the first  degree);  FORMER
 SUBDIVISIONS  ONE  AND TWO OF SECTION 130.35 (RAPE IN THE FIRST DEGREE);
 SUBDIVISIONS ONE AND TWO OF FORMER SECTION  130.50;  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.
   §  19.  Paragraphs (a) and (b) of subdivision 1, the opening paragraph
 of subdivision 2 and paragraph (a) of subdivision 3 of section 140.20 of
 the criminal procedure law, as amended by a chapter of the laws of  2023
 amending  the penal law, the criminal procedure law, the correction law,
 the social services law, the vehicle and traffic law, the  family  court
 act,  the  civil rights law, the civil practice law and rules, the agri-
 culture and markets law, the judiciary law and  the  domestic  relations
 law  relating  to sex offenses, as proposed in legislative bills numbers
 S.  3161 and A. 3340, are amended to read as follows:
   (a) If the arrest is for an offense other than a class A, B,  C  or  D
 felony  or a violation of section 130.25, FORMER SECTION 130.40, SECTION
 205.10, 205.17, 205.19 or 215.56 of the penal law committed in  a  town,
 but  not in a village thereof having a village court, and the town court
 of such town is not available at the time, the arrested  person  may  be
 brought  before the local criminal court of any village within such town
 or, any adjoining town, village embraced in whole or  in  part  by  such
 adjoining town, or city of the same county; and
   (b)  If  the  arrest is for an offense other than a class A, B, C or D
 felony or a violation of section 130.25, FORMER SECTION 130.40,  SECTION
 205.10, 205.17, 205.19 or 215.56 of the penal law committed in a village
 having  a village court and such court is not available at the time, the
 arrested person may be brought before the town court of the town embrac-
 ing such village or any other village court within  such  town,  or,  if
 such  town  or  village  court is not available either, before the local
 criminal court of any adjoining town, village embraced in  whole  or  in
 part by such adjoining town, or city of the same county; and
   If the arrest is for an offense other than a class A, B, C or D felony
 or a violation of section 130.25, FORMER SECTION 130.40, SECTION 205.10,
 205.17,  205.19 or 215.56 of the penal law, the arrested person need not
 be brought before a local criminal court as provided in subdivision one,
 and the procedure may instead be as follows:
 A. 8558                            11
 
   (a) the arrest is for an offense other than a class A, B, C or D felo-
 ny or a violation of section  130.25,  FORMER  SECTION  130.40,  SECTION
 205.10, 205.17, 205.19 or 215.56 of the penal law, and
   §  20.  Paragraph  (a)  of  subdivision 3 and the opening paragraph of
 subdivision 4 of section  140.27  of  the  criminal  procedure  law,  as
 amended  by  a  chapter  of the laws of 2023 amending the penal law, the
 criminal procedure law, the correction law, the social services law, the
 vehicle and traffic law, the family court act, the civil rights law, the
 civil practice law and rules, the agriculture and markets law, the judi-
 ciary law and the domestic relations law relating to  sex  offenses,  as
 proposed  in  legislative bills numbers S. 3161 and A. 3340, are amended
 to read as follows:
   (a) the arrest is for an offense other than a class A, B, C or D felo-
 ny or a violation of section  130.25,  FORMER  SECTION  130.40,  SECTION
 205.10, 205.17, 205.19 or 215.56 of the penal law and
   If the arrest is for an offense other than a class A, B, C or D felony
 or a violation of section 130.25, FORMER SECTION 130.40, SECTION 205.10,
 205.17,  205.19 or 215.56 of the penal law, the arrested person need not
 be brought before a local criminal court as provided in subdivision two,
 and the procedure may instead be as follows:
   § 21. Paragraph (a) of subdivision 2  and  the  opening  paragraph  of
 subdivision  3  of  section  140.40  of  the  criminal procedure law, as
 amended by a chapter of the laws of 2023 amending  the  penal  law,  the
 criminal procedure law, the correction law, the social services law, the
 vehicle and traffic law, the family court act, the civil rights law, the
 civil practice law and rules, the agriculture and markets law, the judi-
 ciary  law  and  the domestic relations law relating to sex offenses, as
 proposed in legislative bills numbers S. 3161 and A. 3340,  are  amended
 to read as follows:
   (a) the arrest is for an offense other than a class A, B, C or D felo-
 ny  or  a  violation  of  section 130.25, FORMER SECTION 130.40, SECTION
 205.10, 205.17, 205.19 or 215.56 of the penal law and
   If the arrest is for an offense other than a class A, B, C or D felony
 or a violation of section 130.25, FORMER SECTION 130.40, SECTION 205.10,
 205.17, 205.19 or 215.56 of the penal law, the arrested person need  not
 be  brought  before  a  local criminal court, as provided in subdivision
 one, and the procedure may instead be as follows:
   § 22. Paragraph (a) of subdivision 1 of section 150.20 of the criminal
 procedure law, as amended by a chapter of the laws of 2023 amending  the
 penal  law,  the  criminal procedure law, the correction law, the social
 services law, the vehicle and traffic law, the  family  court  act,  the
 civil  rights law, the civil practice law and rules, the agriculture and
 markets law, the judiciary law and the domestic relations  law  relating
 to sex offenses, as proposed in legislative bills numbers S. 3161 and A.
 3340, is amended to read as follows:
   (a) Whenever a police officer is authorized pursuant to section 140.10
 of  this title to arrest a person without a warrant for an offense other
 than a class A, B, C or D felony  or  a  violation  of  section  130.25,
 FORMER  SECTION  130.40, SECTION 205.10, 205.17, 205.19 or 215.56 of the
 penal law, he shall, except as set out in paragraph (b) of this subdivi-
 sion, subject to the  provisions  of  subdivisions  three  and  four  of
 section  150.40  of  this  title,  instead  issue to and serve upon such
 person an appearance ticket.
   § 23. Subdivision (a) of section 190.71 of the criminal procedure law,
 as amended by a chapter of the laws of 2023 amending the penal law,  the
 criminal procedure law, the correction law, the social services law, the
 A. 8558                            12
 
 vehicle and traffic law, the family court act, the civil rights law, the
 civil practice law and rules, the agriculture and markets law, the judi-
 ciary  law  and  the domestic relations law relating to sex offenses, as
 proposed in legislative bills numbers S. 3161 and A. 3340, 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); paragraphs (a)  and  (b)  of  subdivision  one,
 paragraphs  (a) and (b) of subdivision two and paragraphs (a) and (b) of
 subdivision three of section 130.35 (rape in the first  degree);  FORMER
 SUBDIVISIONS  ONE  AND TWO OF SECTION 130.35 (RAPE IN THE FIRST DEGREE);
 SUBDIVISIONS ONE AND TWO OF FORMER SECTION  130.50;  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.
   §  24.  Subdivision 4 of section 722.20 of the criminal procedure law,
 as amended by a chapter of the laws of 2023 amending the penal law,  the
 criminal procedure law, the correction law, the social services law, the
 vehicle and traffic law, the family court act, the civil rights law, the
 civil practice law and rules, the agriculture and markets law, the judi-
 ciary  law  and  the domestic relations law relating to sex offenses, as
 proposed in legislative bills numbers S. 3161 and A. 3340, is amended to
 read as follows:
   4. Notwithstanding the provisions of subdivisions  two  and  three  of
 this  section, the court shall, at the request of the district attorney,
 order removal of an action against a juvenile  offender  to  the  family
 court pursuant to the provisions of article seven hundred twenty-five of
 this  title if, upon consideration of the criteria specified in subdivi-
 sion two of section 722.22 of this article, it is determined that to  do
 so  would  be  in  the  interests of justice. Where, however, the felony
 complaint charges the juvenile offender with murder in the second degree
 as defined in section 125.25 of the penal law, rape in the first  degree
 as  defined in paragraph (a) of subdivision one, paragraph (a) of subdi-
 vision two and paragraph (a) of subdivision three of section  130.35  of
 the  penal law, RAPE IN THE FIRST DEGREE AS FORMERLY DEFINED IN SUBDIVI-
 SION ONE OF SECTION 130.35 OF THE PENAL LAW; A CRIME FORMERLY DEFINED IN
 SUBDIVISION ONE OF SECTION 130.50 OF THE PENAL LAW, or an  armed  felony
 A. 8558                            13
 
 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.
   § 25. Subdivision 5 of section 722.21 of the criminal  procedure  law,
 as  amended by a chapter of the laws of 2023 amending the penal law, the
 criminal procedure law, the correction law, the social services law, the
 vehicle and traffic law, the family court act, the civil rights law, the
 civil practice law and rules, the agriculture and markets law, the judi-
 ciary law and the domestic relations law relating to  sex  offenses,  as
 proposed in legislative bills numbers S. 3161 and A. 3340, is amended to
 read as follows:
   5.  Notwithstanding subdivisions two and three of this section, at the
 request of the district attorney, the court shall order  removal  of  an
 action  against an adolescent offender charged with an offense listed in
 paragraph (a) of subdivision two of section 722.23 of this  article,  to
 the  family  court  pursuant  to the provisions of article seven hundred
 twenty-five of this title and upon consideration of the criteria  speci-
 fied  in subdivision two of section 722.22 of this article, it is deter-
 mined that to do so would be in the interests of justice. Where,  howev-
 er,  the felony complaint charges the adolescent offender with murder in
 the second degree as defined in section 125.25 of the penal law, rape in
 the first degree as defined in paragraph (a) of subdivision  one,  para-
 graph  (a)  of subdivision two and paragraph (a) of subdivision three of
 section 130.35 of the penal law, RAPE IN THE FIRST  DEGREE  AS  FORMERLY
 DEFINED  IN  SUBDIVISION ONE OF SECTION 130.35 OF THE PENAL LAW, A CRIME
 FORMERLY 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.
   § 26. Paragraph (b) of subdivision 1 of section 722.22 of the criminal
 procedure  law, as amended by a chapter of the laws of 2023 amending the
 penal law, the criminal procedure law, the correction  law,  the  social
 services  law,  the  vehicle  and traffic law, the family court act, the
 civil rights law, the civil practice law and rules, the agriculture  and
 markets  law,  the judiciary law and the domestic relations law relating
 to sex offenses, as proposed in legislative bills numbers S. 3161 and A.
 3340, is amended to read as follows:
   (b) with the consent of the district attorney,  order  removal  of  an
 action  involving an indictment charging a juvenile offender with murder
 in the second degree as defined in section 125.25 of the penal law; rape
 in the first degree, as defined in paragraph  (a)  of  subdivision  one,
 paragraph  (a) of subdivision two and paragraph (a) of subdivision three
 of section 130.35 of the penal law; RAPE IN THE FIRST DEGREE AS FORMERLY
 DEFINED IN SUBDIVISION ONE OF SECTION 130.35 OF THE PENAL LAW;  A  CRIME
 FORMERLY  DEFINED IN SUBDIVISION ONE OF SECTION 130.50 OF THE PENAL LAW;
 A. 8558                            14
 
 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 circum-
 stances  that  bear  directly  upon  the  manner  in which the crime was
 committed; (ii) where the defendant was not the sole participant in  the
 crime,  the  defendant's participation was relatively minor although not
 so minor as to constitute a defense to the prosecution; or (iii)  possi-
 ble  deficiencies in the proof of the crime, and, after consideration of
 the factors set forth in subdivision two  of  this  section,  the  court
 determined  that  removal  of the action to the family court would be in
 the interests of justice.
   § 27. Subparagraph (iii) of paragraph (g) of subdivision 5 of  section
 220.10  of  the  criminal  procedure law, as amended by a chapter of the
 laws of 2023 amending the penal law, the  criminal  procedure  law,  the
 correction  law,  the  social services law, the vehicle and traffic law,
 the family court act, the civil rights law, the civil practice  law  and
 rules, the agriculture and markets law, the judiciary law and the domes-
 tic  relations  law relating to sex offenses, as proposed in legislative
 bills numbers S. 3161 and A. 3340, is amended to read as follows:
   (iii) Where the indictment  does  not  charge  a  crime  specified  in
 subparagraph  (i) of this paragraph, the district attorney may recommend
 removal of the action to the family court. Upon making such  recommenda-
 tion  the district attorney shall submit a subscribed memorandum setting
 forth: (1) a recommendation that the interests of justice would best  be
 served  by  removal  of  the  action to the family court; and (2) if the
 indictment charges a thirteen year old with the crime of murder  in  the
 second degree, or a fourteen or fifteen year old with the crimes of rape
 in  the  first  degree  as  defined in paragraph (a) of subdivision one,
 paragraph (a) of subdivision two and paragraph (a) of subdivision  three
 of section 130.35 of the penal law, RAPE IN THE FIRST DEGREE AS FORMERLY
 DEFINED  IN  SUBDIVISION ONE OF SECTION 130.35 OF THE PENAL LAW, A CRIME
 FORMERLY 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 a chapter of the laws of 2023 amending the penal law, the
 criminal procedure law, the correction law, the social services law, the
 vehicle and traffic law, the family court act, the civil rights law, the
 civil practice law and rules, the agriculture and markets law, the judi-
 ciary law and the domestic relations law relating to  sex  offenses,  as
 proposed in legislative bills numbers S. 3161 and A. 3340, is amended to
 read as follows:
 A. 8558                            15
 
   6.  For  purposes  of  this section, the offenses of rape in the third
 degree as defined in THE FORMER SUBDIVISION THREE OR subdivisions seven,
 eight and nine of section 130.25 of the penal law AND A  CRIME  FORMERLY
 DEFINED IN SUBDIVISION THREE OF SECTION 130.40 OF THE PENAL LAW, are not
 lesser  included  offenses of rape in the first degree, A CRIME FORMERLY
 DEFINED IN SECTION 130.50 OF  THE  PENAL  LAW,  or  any  other  offense.
 Notwithstanding  the  foregoing,  any 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. Subdivision 6 of section 380.50 of the criminal  procedure  law,
 as  amended by a chapter of the laws of 2023 amending the penal law, the
 criminal procedure law, the correction law, the social services law, the
 vehicle and traffic law, the family court act, the civil rights law, the
 civil practice law and rules, the agriculture and markets law, the judi-
 ciary law and the domestic relations law relating to  sex  offenses,  as
 proposed in legislative bills numbers S. 3161 and A. 3340, is amended to
 read as follows:
   6.  Regardless of whether the victim requests to make a statement with
 regard to the defendant's sentence, where the defendant is sentenced for
 a violent felony offense as defined in section 70.02 of the penal law or
 a felony defined in article one hundred twenty-five of such law  or  any
 of  the following provisions of such law sections 130.25, 130.30, FORMER
 SECTION 130.40, FORMER SECTION 130.45, SECTIONS 255.25, 255.26,  255.27,
 article two hundred sixty-three, 135.10, 135.25, 230.05, 230.06, 230.11,
 230.12,  230.13, subdivision two of section 230.30 or 230.32, the prose-
 cutor shall, within sixty days of the imposition  of  sentence,  provide
 the  victim with a form, prepared and distributed by the commissioner of
 the division of criminal justice  services,  in  consultation  with  the
 director of the office of victim services, on which the victim may indi-
 cate  a demand to be informed of any petition to change the name of such
 defendant. Such forms shall  be  maintained  by  such  prosecutor.  Upon
 receipt of a notice of a petition to change the name of any such defend-
 ant,  pursuant  to  subdivision  two  of  section sixty-two of the civil
 rights law, the prosecutor shall promptly notify the victim at the  most
 current  address or telephone number provided by such victim in the most
 reasonable and expedient possible manner of  the  time  and  place  such
 petition will be presented to the court.
   § 30. Paragraph (b) of subdivision 8 of section 700.05 of the criminal
 procedure  law, as amended by a chapter of the laws of 2023 amending the
 penal law, the criminal procedure law, the correction  law,  the  social
 services  law,  the  vehicle  and traffic law, the family court act, the
 civil rights law, the civil practice law and rules, the agriculture  and
 markets  law,  the judiciary law and the domestic relations law relating
 to sex offenses, as proposed in legislative bills numbers S. 3161 and A.
 3340, 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
 A. 8558                            16
 
 defined  in  section  125.15 of the penal law, manslaughter in the first
 degree as defined in section 125.20 of the  penal  law,  murder  in  the
 second  degree  as defined in section 125.25 of the penal law, murder in
 the  first degree as defined in section 125.27 of the penal law, rape in
 the third degree as defined in section 130.25 of the penal law, rape  in
 the second degree as defined in section 130.30 of the penal law, rape in
 the  first degree as defined in section 130.35 of the penal law, A CRIME
 FORMERLY DEFINED IN SECTION 130.40 OF THE PENAL LAW,  A  CRIME  FORMERLY
 DEFINED  IN SECTION 130.45 OF THE PENAL LAW, A CRIME FORMERLY DEFINED IN
 SECTION 130.50 OF THE PENAL LAW, sexual abuse in  the  first  degree  as
 defined in section 130.65 of the penal law, unlawful imprisonment in the
 first  degree  as defined in section 135.10 of the penal law, kidnapping
 in the second degree as defined in section  135.20  of  the  penal  law,
 kidnapping in the first degree as defined in section 135.25 of the penal
 law,  labor  trafficking  as defined in section 135.35 of the penal law,
 aggravated labor trafficking as defined in section 135.37 of  the  penal
 law,  custodial  interference  in the first degree as defined in section
 135.50 of the penal law, coercion in the  first  degree  as  defined  in
 section  135.65  of the penal law, criminal trespass in the first degree
 as defined in section 140.17 of the penal law,  burglary  in  the  third
 degree  as  defined  in section 140.20 of the penal law, burglary in the
 second degree as defined in section 140.25 of the penal law, burglary in
 the first degree as defined in section 140.30 of the penal law, criminal
 mischief in the third degree as defined in section 145.05 of  the  penal
 law, criminal mischief in the second degree as defined in section 145.10
 of  the  penal  law, criminal mischief in the first degree as defined in
 section 145.12 of the penal law, criminal tampering in the first  degree
 as  defined  in  section  145.20  of  the penal law, arson in the fourth
 degree as defined in section 150.05 of the penal law, arson in the third
 degree as defined in section 150.10 of  the  penal  law,  arson  in  the
 second  degree  as  defined in section 150.15 of the penal law, arson in
 the first degree as defined in section 150.20 of the  penal  law,  grand
 larceny  in  the fourth degree as defined in section 155.30 of the penal
 law, grand larceny in the third degree as defined in section  155.35  of
 the  penal law, grand larceny in the second degree as defined in section
 155.40 of the penal law, grand larceny in the first degree as defined in
 section 155.42 of the penal law, health care fraud in the fourth  degree
 as  defined in section 177.10 of the penal law, health care fraud in the
 third degree as defined in section 177.15 of the penal law, health  care
 fraud  in  the  second  degree as defined in section 177.20 of the penal
 law, health care fraud in the first degree as defined in section  177.25
 of  the  penal  law,  robbery  in the third degree as defined in section
 160.05 of the penal law, robbery in the  second  degree  as  defined  in
 section  160.10 of the penal law, robbery in 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
 A. 8558                            17
 
 defined  in  section  170.15  of the penal law, criminal possession of a
 forged instrument in the second degree as defined in section  170.25  of
 the  penal  law, criminal possession of a forged instrument in the first
 degree  as  defined  in  section  170.30  of  the  penal  law,  criminal
 possession of forgery devices as defined in section 170.40 of the  penal
 law,  falsifying  business  records  in  the  first degree as defined in
 section 175.10 of the penal law, tampering with public  records  in  the
 first  degree  as defined in section 175.25 of the penal law, offering a
 false instrument for filing in the first degree as  defined  in  section
 175.35  of  the  penal  law,  issuing  a false certificate as defined in
 section 175.40 of the penal  law,  criminal  diversion  of  prescription
 medications and prescriptions in the second degree as defined in section
 178.20  of the penal law, criminal diversion of prescription medications
 and prescriptions in the first degree as defined in  section  178.25  of
 the  penal  law,  residential  mortgage  fraud  in  the fourth degree as
 defined in section 187.10 of the penal law, residential  mortgage  fraud
 in the third degree as defined in section 187.15 of the penal law, resi-
 dential mortgage fraud in the second degree as defined in section 187.20
 of  the  penal  law,  residential  mortgage fraud in the first degree as
 defined in section 187.25 of the penal law, escape in the second  degree
 as  defined  in  section  205.10  of  the penal law, escape in the first
 degree as defined in section 205.15 of the penal  law,  absconding  from
 temporary  release  in  the first degree as defined in section 205.17 of
 the penal law, promoting  prison  contraband  in  the  first  degree  as
 defined in section 205.25 of the penal law, hindering prosecution in the
 second  degree  as defined in section 205.60 of the penal law, hindering
 prosecution in the first degree as defined  in  section  205.65  of  the
 penal  law,  sex  trafficking  as defined in section 230.34 of the penal
 law, sex trafficking of a child as defined in section  230.34-a  of  the
 penal  law,  criminal  possession  of  a  weapon  in the third degree as
 defined in subdivisions two, three and five of  section  265.02  of  the
 penal  law,  criminal  possession  of  a  weapon in the second degree as
 defined in section 265.03 of the penal law,  criminal  possession  of  a
 weapon  in  the  first  degree as defined in section 265.04 of the penal
 law, manufacture, transport, disposition and defacement of  weapons  and
 dangerous instruments and appliances defined as felonies in subdivisions
 one, two, and three of section 265.10 of the penal law, sections 265.11,
 265.12  and  265.13  of  the  penal law, or prohibited use of weapons as
 defined in subdivision two of section 265.35 of the penal law,  relating
 to  firearms  and other dangerous weapons, 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 of section 720.10 of the criminal
 procedure  law, as amended by a chapter of the laws of 2023 amending the
 penal law, the criminal procedure law, the correction  law,  the  social
 services  law,  the  vehicle  and traffic law, the family court act, the
 civil rights law, the civil practice law and rules, the agriculture  and
 markets  law,  the judiciary law and the domestic relations law relating
 to sex offenses, as proposed in legislative bills numbers S. 3161 and A.
 3340, is amended to read as follows:
   (a) the conviction to be replaced by a youthful  offender  finding  is
 for  (i)  a  class  A-I or class A-II felony, or (ii) an armed felony as
 defined in subdivision forty-one of section 1.20, except as provided  in
 subdivision  three,  or (iii) rape in the first degree, A CRIME FORMERLY
 A. 8558                            18
 
 DEFINED IN SECTION 130.50 OF THE PENAL LAW, or THE CRIME  OF  aggravated
 sexual abuse, except as provided in subdivision three, or
   §  32. Paragraph (a) of subdivision 2 and paragraph (a) of subdivision
 3 of section 168-a of the correction law, as amended by a chapter of the
 laws of 2023 amending the penal law, the  criminal  procedure  law,  the
 correction  law,  the  social services law, the vehicle and traffic law,
 the family court act, the civil rights law, the civil practice  law  and
 rules, the agriculture and markets law, the judiciary law and the domes-
 tic  relations  law relating to sex offenses, as proposed in legislative
 bills numbers S. 3161 and A. 3340, are amended to read as follows:
   (a) (i) a conviction of or a conviction for an attempt to  commit  any
 of  the  provisions of sections 120.70, 130.20, 130.25, 130.30, [130.40,
 130.45,] FORMER SECTION 130.40, FORMER SECTION 130.45, SECTIONS  130.60,
 230.34,  230.34-a,  250.50,  255.25,  255.26  and  255.27 or article two
 hundred sixty-three of the penal law, or section 135.05, 135.10,  135.20
 or  135.25  of  such  law  relating to kidnapping offenses, provided the
 victim of such kidnapping or related  offense  is  less  than  seventeen
 years  old  and the offender is not the parent of the victim, or section
 230.04, where the person patronized is in fact less than seventeen years
 of age, 230.05, 230.06,  230.11,  230.12,  230.13,  subdivision  two  of
 section  230.30,  section 230.32, 230.33, or 230.34 of the penal law, or
 section 230.25 of the penal law where the person prostituted is in  fact
 less than seventeen years old, or
   (a)  (i)  a conviction of or a conviction for an attempt to commit any
 of the provisions of [sections] SECTION 130.35, FORMER  SECTION  130.50,
 SECTIONS  130.65,  130.66,  130.67,  130.70,  130.75, 130.80, 130.95 and
 130.96 of the penal law, or (ii) a conviction of or a conviction for  an
 attempt to commit any of the provisions of sections 130.53, 130.65-a and
 130.90 of the penal law, or (iii) a conviction of or a conviction for an
 attempt  to commit any provisions of the foregoing sections committed or
 attempted as a hate crime defined in section 485.05 of the penal law  or
 as a crime of terrorism defined in section 490.25 of such law; or
   §  33.  Subparagraph (ii) of paragraph (a), subparagraphs (i) and (ii)
 of paragraph (b) and paragraph (e) of subdivision 8 of section 384-b  of
 the  social  services  law,  as amended by a chapter of the laws of 2023
 amending the penal law, the criminal procedure law, the correction  law,
 the  social  services law, the vehicle and traffic law, the family court
 act, the civil rights law, the civil practice law and rules,  the  agri-
 culture  and  markets  law, the judiciary law and the domestic relations
 law relating to sex offenses, as proposed in legislative  bills  numbers
 S. 3161 and A.  3340, are amended to read as follows:
   (ii)  the  child  has  been found to be an abused child, as defined in
 paragraph (iii) of subdivision (e) of section ten hundred twelve of  the
 family  court act, as a result of such parent's acts; provided, however,
 the respondent must have committed or knowingly allowed to be  committed
 a  felony  sex  offense  as  defined in sections 130.25, 130.30, 130.35,
 FORMER SECTIONS 130.40, 130.45, 130.50, SECTIONS 130.65, 130.67, 130.70,
 130.75, 130.80, 130.95 and 130.96 of the penal law and, for the purposes
 of this section the corroboration requirements contained  in  the  penal
 law shall not apply to proceedings under this section; or
   (i)  the child has been found to be an abused child, (A) as defined in
 paragraph (i) of subdivision (e) of section ten hundred  twelve  of  the
 family  court  act, as a result of such parent's acts; or (B) as defined
 in paragraph (iii) of subdivision (e) of section ten hundred  twelve  of
 the  family  court  act,  as  a  result of such parent's acts; provided,
 however, the respondent must have committed or knowingly allowed  to  be
 A. 8558                            19
 
 committed  a  felony  sex offense as defined in sections 130.25, 130.30,
 130.35, FORMER SECTIONS 130.40, 130.45, 130.50, SECTIONS 130.65, 130.67,
 130.70, 130.75, 130.80, 130.95 and 130.96 of the penal law; and
   (ii)  (A)  the child or another child for whose care such parent is or
 has been legally responsible has been previously found, within the  five
 years  immediately  preceding  the initiation of the proceeding in which
 such abuse is found, to be an abused child, as defined in paragraph  (i)
 or  (iii) of subdivision (e) of section ten hundred twelve of the family
 court act, as a result of such parent's acts; provided, however, in  the
 case  of a finding of abuse as defined in paragraph (iii) of subdivision
 (e) of section ten hundred twelve of the family court act the respondent
 must have committed or knowingly allowed to be committed  a  felony  sex
 offense  as  defined in sections 130.25, 130.30, 130.35, FORMER SECTIONS
 130.40, 130.45, 130.50, SECTIONS  130.65,  130.67,  130.70,  130.75  and
 130.80 of the penal law, or (B) the parent has been convicted of a crime
 under  section  130.25,  130.30, 130.35, FORMER SECTIONS 130.40, 130.45,
 130.50, SECTIONS 130.65, 130.67, 130.70, 130.75 or 130.80 of  the  penal
 law against the child, a sibling of the child or another child for whose
 care  such  parent  is  or has been legally responsible, within the five
 year period immediately preceding the initiation of  the  proceeding  in
 which abuse is found; and
   (e) A determination by the court in accordance with article ten of the
 family  court  act based upon clear and convincing evidence that a child
 was abused (A) as defined in paragraph (i) of subdivision (e) of section
 ten hundred twelve of the family court act, as a result of such parent's
 acts; or (B) as defined in paragraph (iii) of subdivision (e) of section
 ten hundred twelve of the family court act, as a result of such parent's
 acts; provided, however, the respondent must have committed or knowingly
 allowed to be committed a felony sex  offense  as  defined  in  sections
 130.25, 130.30, 130.35, FORMER SECTIONS 130.40, 130.45, 130.50, SECTIONS
 130.65,  130.67, 130.70, 130.75 and 130.80 of the penal law shall estab-
 lish that the child was an abused child for the purpose  of  a  determi-
 nation  as required by subparagraph (i) or (ii) of paragraph (b) of this
 subdivision. Such a determination by the court in accordance with  arti-
 cle  ten  of  the  family  court  act based upon a fair preponderance of
 evidence shall be admissible in any proceeding commenced  in  accordance
 with this section.
   § 34. Paragraphs (a) and (b) of subdivision 4 of section 509-cc of the
 vehicle  and  traffic  law,  as amended by a chapter of the laws of 2023
 amending the penal law, the criminal procedure law, the correction  law,
 the  social  services law, the vehicle and traffic law, the family court
 act, the civil rights law, the civil practice law and rules,  the  agri-
 culture  and  markets  law, the judiciary law and the domestic relations
 law relating to sex offenses, as proposed in legislative  bills  numbers
 S.  3161 and A. 3340, are amended to read as follows:
   (a)  The offenses referred to in subparagraph (ii) of paragraph (a) of
 subdivision one and paragraph (a) of subdivision  two  of  this  section
 that  result  in  permanent  disqualification shall include a conviction
 under sections 125.12, 125.13, 125.14, 125.15, 125.20,  125.21,  125.22,
 125.25,  125.26,  125.27,  130.30,  130.35,  FORMER  SECTIONS 130.45 AND
 130.50, SECTIONS 130.65, 130.66, 130.67, 130.70, 130.75, 130.80, 130.90,
 130.95,  130.96,  135.25,  150.20,  230.30,  230.32,  230.34,  230.34-a,
 235.22,  263.05,  263.10,  263.11, 263.15, 263.16 of the penal law or an
 attempt to commit any of the aforesaid offenses under section 110.00  of
 the  penal  law, or any offenses committed under a former section of the
 penal law which would constitute violations of the aforesaid sections of
 A. 8558                            20
 
 the penal law, or any offenses committed outside this state which  would
 constitute violations of the aforesaid sections of the penal law.
   (b)  The offenses referred to in subparagraph (ii) of paragraph (a) of
 subdivision one and paragraph (b) of subdivision  two  of  this  section
 that  result  in  permanent  disqualification shall include a conviction
 under sections 100.13, 105.15, 105.17, 115.08, 120.12,  120.70,  125.10,
 125.11,  FORMER  SECTION  130.40,  SECTIONS  130.53,  130.60,  130.65-a,
 135.20, 160.15, 220.18, 220.21, 220.39, 220.41, 220.43, 220.44,  230.25,
 260.00, 265.04 of the penal law or an attempt to commit any of the afor-
 esaid  offenses  under  section 110.00 of the penal law, or any offenses
 committed under a former section of the penal law which would constitute
 violations of the aforesaid sections of the penal law, or  any  offenses
 committed  outside  this  state which would constitute violations of the
 aforesaid sections of the penal law.
   § 35. The opening paragraph of subdivision (b) of section 117  of  the
 family  court  act, as amended by a chapter of the laws of 2023 amending
 the penal law, the criminal  procedure  law,  the  correction  law,  the
 social  services law, the vehicle and traffic law, the family court act,
 the civil rights law, the civil practice law and rules, the  agriculture
 and markets law, the judiciary law and the domestic relations law relat-
 ing  to  sex  offenses, as proposed in legislative bills numbers S. 3161
 and A.  3340, 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  in  the  first
 degree); FORMER SECTION 130.50; SECTIONS 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  moti-
 vated  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  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,
 sixteen, or seventeen years of age but only where there has been a prior
 A. 8558                            21
 
 finding by a court that such person  has  previously  committed  an  act
 which,  if  committed  by an adult, would be the crime of assault in the
 second degree, robbery in the second degree or any designated felony act
 specified in clause (i), (ii) or (iii) of this subdivision regardless of
 the  age  of such person at the time of the commission of the prior act;
 or (vi) other than a misdemeanor, committed by a person at least  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:
   §  36.  Subdivision  4  of  section  308.1 of the family court act, as
 amended by a chapter of the laws of 2023 amending  the  penal  law,  the
 criminal procedure law, the correction law, the social services law, the
 vehicle and traffic law, the family court act, the civil rights law, the
 civil practice law and rules, the agriculture and markets law, the judi-
 ciary  law  and  the domestic relations law relating to sex offenses, as
 proposed in legislative bills numbers S. 3161 and A. 3340, 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-
 visions  one,  two  and  three  of  section  130.25,  (rape in the third
 degree), SUBDIVISION ONE OF FORMER SECTION 130.40,  subdivision  one  or
 two  of  section  130.65,  (sexual  abuse  in the first degree), section
 135.65, (coercion in the first degree), section 140.20, (burglary in the
 third degree), section 150.10, (arson  in  the  third  degree),  section
 160.05, (robbery in the third degree), subdivision two, three or four of
 section  265.02,  (criminal possession of a weapon in the third degree),
 section 265.03, (criminal possession of a weapon in the second  degree),
 or  section  265.04,  (criminal  possession of a dangerous weapon in the
 first degree) of the penal law where the child has previously had one or
 more adjustments of a case in which such child  allegedly  committed  an
 act  which  would be a crime specified in this subdivision unless it has
 received written approval from the court and the appropriate presentment
 agency.
   § 37. Subdivision (c) of section 1052 of  the  family  court  act,  as
 amended  by  a  chapter  of the laws of 2023 amending the penal law, the
 criminal procedure law, the correction law, the social services law, the
 vehicle and traffic law, the family court act, the civil rights law, the
 civil practice law and rules, the agriculture and markets law, the judi-
 ciary law and the domestic relations law relating to  sex  offenses,  as
 proposed in legislative bills numbers S. 3161 and A. 3340, is amended to
 read as follows:
   (c)  Prior to granting an order of disposition pursuant to subdivision
 (a) of this section following an adjudication of child abuse, as defined
 in paragraph (i) of subdivision (e) of section  ten  hundred  twelve  of
 this  act  or  a  finding of a felony sex offense as defined in sections
 130.25, 130.30, 130.35, FORMER SECTIONS 130.40, 130.45, 130.50, SECTIONS
 130.65 and 130.70 of the penal law, the court shall advise the  respond-
 ent that any subsequent adjudication of child abuse, as defined in para-
 graph  (i) of subdivision (e) of section one thousand twelve of this act
 or any subsequent finding of a felony sex offense as  defined  in  those
 sections  of the penal law herein enumerated, arising out of acts of the
 respondent may result in the commitment of the guardianship and  custody
 of  the child or another child pursuant to section three hundred eighty-
 four-b of the social services law. The order in such cases shall contain
 A. 8558                            22
 
 a statement that any subsequent adjudication of child abuse  or  finding
 of a felony sex offense as described herein may result in the commitment
 of  the guardianship and custody of the child, or another child pursuant
 to section three hundred eighty-four-b of the social services law.
   §  38. Subdivision 2 of section 64 of the civil rights law, as amended
 by a chapter of the laws of 2023 amending the penal  law,  the  criminal
 procedure  law, the correction law, the social services law, the vehicle
 and traffic law, the family court act, the civil rights law,  the  civil
 practice  law  and rules, the agriculture and markets law, the judiciary
 law and the domestic relations law relating to sex offenses, as proposed
 in legislative bills numbers S. 3161 and A. 3340, is amended to read  as
 follows:
   2.  (a) If the petition states that the petitioner stands convicted of
 a violent felony offense as defined in section 70.02 of the penal law or
 a felony defined in article one hundred twenty-five of such law  or  any
 of  the following provisions of such law sections 130.25, 130.30, FORMER
 SECTIONS 130.40 AND 130.45, SECTIONS 255.25, 255.26, 255.27, article two
 hundred sixty-three, 135.10, 135.25, 230.05, 230.06, subdivision two  of
 section  230.30 or 230.32, the clerk of the court in which the order has
 been entered shall deliver, by first class mail, a copy of  such  certi-
 fied order to the division of criminal justice services at its office in
 the  county of Albany and (b) if the petition states that the petitioner
 is responsible for spousal support or child support obligations pursuant
 to court order, upon review of the  petitioner's  application  for  name
 change  and  subsequent inquiry, the court shall order the petitioner to
 deliver, by first class mail, the petitioner's new name with such certi-
 fied order to the court of  competent  jurisdiction  which  imposed  the
 orders  of  support.  If a party to the order is receiving child support
 services pursuant to title six-A of article three of the social services
 law, a copy shall be mailed to the support collection unit of the appli-
 cable social services district providing such services to a party.  Such
 certification  shall  appear  on the original order and on any certified
 copy thereof and shall be entered in the court's minutes of the proceed-
 ing.
   § 39. Section 213-c of the civil practice law and rules, as amended by
 a chapter of the laws of 2023  amending  the  penal  law,  the  criminal
 procedure  law, the correction law, the social services law, the vehicle
 and traffic law, the family court act, the civil rights law,  the  civil
 practice  law  and rules, the agriculture and markets law, the judiciary
 law and the domestic relations law relating to sex offenses, as proposed
 in legislative bills numbers S. 3161 and A. 3340, is amended to read  as
 follows:
   §  213-c.  Action  by  victim  of  conduct constituting certain sexual
 offenses. Notwithstanding any other limitation set forth in  this  arti-
 cle,  except as provided in subdivision (b) of section two hundred eight
 of this article, all civil claims or causes of  action  brought  by  any
 person for physical, psychological or other injury or condition suffered
 by such person as a result of conduct which would constitute rape in the
 first  degree  as defined in section 130.35 of the penal law, or rape in
 the second degree as defined in subdivision [two] FOUR, FIVE OR  SIX  of
 section 130.30 of the penal law, OR RAPE IN THE SECOND DEGREE AS DEFINED
 IN FORMER SUBDIVISION TWO OF SECTION 130.30 OF THE PENAL LAW, or rape in
 the  third degree as defined in subdivision one [or], TWO, three, SEVEN,
 EIGHT OR NINE of section 130.25 of the penal law, OR  A  CRIME  FORMERLY
 DEFINED  IN SECTION 130.50 OF THE PENAL LAW, OR A CRIME FORMERLY DEFINED
 IN SUBDIVISION TWO OF SECTION 130.45  OF  THE  PENAL  LAW,  OR  A  CRIME
 A. 8558                            23
 
 FORMERLY  DEFINED  IN  SUBDIVISION ONE OR THREE OF SECTION 130.40 OF THE
 PENAL LAW, or incest in the first degree as defined in section 255.27 of
 the penal law, or incest in the second  degree  as  defined  in  section
 255.26 of the penal law (where the crime committed is rape in the second
 degree  as  defined  in  subdivision  [two] FOUR, FIVE OR SIX of section
 130.30 of the penal law, OR  RAPE  IN  THE  SECOND  DEGREE  AS  FORMERLY
 DEFINED  IN  SUBDIVISION  TWO  OF  SECTION 130.30 OF THE PENAL LAW, OR A
 CRIME FORMERLY DEFINED IN SUBDIVISION TWO OF SECTION 130.45 OF THE PENAL
 LAW), or aggravated sexual abuse in  the  first  degree  as  defined  in
 section  130.70  of the penal law, or course of sexual conduct against a
 child in the first degree as defined in section 130.75 of the penal  law
 may  be brought against any party whose intentional 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.
   § 40. Paragraph (b) of subdivision 8 of section 215 of the civil prac-
 tice law and rules, as amended by a chapter of the laws of 2023 amending
 the  penal  law,  the  criminal  procedure  law, the correction law, the
 social services law, the vehicle and traffic law, the family court  act,
 the  civil rights law, the civil practice law and rules, the agriculture
 and markets law, the judiciary law and the domestic relations law relat-
 ing to sex offenses, as proposed in legislative bills  numbers  S.  3161
 and A.  3340, is amended to read as follows:
   (b)  Whenever  it  is  shown  that  a criminal action against the same
 defendant has been commenced with respect to  the  event  or  occurrence
 from  which  a  claim governed by this section arises, and such criminal
 action is for rape in the first degree as defined in section  130.35  of
 the  penal  law,  OR  A  CRIME 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,
 the plaintiff shall have at least five years from the termination of the
 criminal action as defined in section 1.20 of the criminal procedure law
 in which to commence the civil action, notwithstanding that the time  in
 which  to  commence  such  action has already expired or has less than a
 year remaining.
   § 41. Subdivision 11 of section 123 of  the  agriculture  and  markets
 law, as amended by a chapter of the laws of 2023 amending the penal law,
 the criminal procedure law, the correction law, the social services law,
 the vehicle and traffic law, the family court act, the civil rights law,
 the  civil  practice law and rules, the agriculture and markets law, the
 judiciary law and the domestic relations law relating to  sex  offenses,
 as proposed in legislative bills numbers S. 3161 and A. 3340, is amended
 to read as follows:
   11.  The owner shall not be liable pursuant to subdivision six, seven,
 eight, nine or ten of this section if the dog was coming to the  aid  or
 defense  of  a person during the commission or attempted commission of a
 murder, robbery, burglary, arson, rape in the first degree as defined in
 paragraph (a) or (b) of subdivision one, paragraph (a) or (b) of  subdi-
 vision  two  or  paragraph  (a)  or  (b) of subdivision three of section
 130.35 of the penal law, RAPE IN THE FIRST  DEGREE  AS  DEFINED  IN  THE
 FORMER  SUBDIVISION  ONE  OF  SECTION  130.35  OF THE PENAL LAW, A CRIME
 A. 8558                            24
 
 FORMERLY DEFINED IN SUBDIVISION ONE OR TWO  OF  SECTION  130.50  OF  THE
 PENAL LAW or kidnapping within the dwelling or upon the real property of
 the owner of the dog and the dog injured or killed the person committing
 such criminal activity.
   §  42.  Section 4 of the judiciary law, as amended by a chapter of the
 laws of 2023 amending the penal law, the  criminal  procedure  law,  the
 correction  law,  the  social services law, the vehicle and traffic law,
 the family court act, the civil rights law, the civil practice  law  and
 rules, the agriculture and markets law, the judiciary law and the domes-
 tic  relations  law relating to sex offenses, as proposed in legislative
 bills numbers S. 3161 and A. 3340, is amended to read as follows:
   § 4. Sittings of courts to be public.  The  sittings  of  every  court
 within  this  state shall be public, and every citizen may freely attend
 the same, except that  in  all  proceedings  and  trials  in  cases  for
 divorce,  seduction,  rape, assault with intent to commit rape, bastardy
 [or], filiation, OR A CRIME FORMERLY DEFINED IN SECTIONS 130.50, 130.45,
 AND 130.40 OF THE PENAL LAW, the court may, in its  discretion,  exclude
 therefrom all persons who are not directly interested therein, excepting
 jurors, witnesses, and officers of the court.
   §  43. Subdivision 2 of section 120.60 of the penal law, as amended by
 a chapter of the laws of 2023  amending  the  penal  law,  the  criminal
 procedure  law, the correction law, the social services law, the vehicle
 and traffic law, the family court act, the civil rights law,  the  civil
 practice  law  and rules, the agriculture and markets law, the judiciary
 law and the domestic relations law relating to sex offenses, as proposed
 in legislative bills numbers S. 3161 and A. 3340, is amended to read  as
 follows:
   2. commits a class A misdemeanor defined in article one hundred thirty
 of  this  chapter, or a class E felony defined in section 130.25, FORMER
 SECTION 130.40 or SECTION 130.85 of this chapter, or a  class  D  felony
 defined in FORMER SECTION 130.45 OR section 130.30 of this chapter.
   §  44. Subdivision 1 of section 235.00 of the penal law, as amended by
 a chapter of the laws of 2023  amending  the  penal  law,  the  criminal
 procedure  law, the correction law, the social services law, the vehicle
 and traffic law, the family court act, the civil rights law,  the  civil
 practice  law  and rules, the agriculture and markets law, the judiciary
 law and the domestic relations law relating to sex offenses, as proposed
 in legislative bills numbers S. 3161 and A. 3340, is amended to read  as
 follows:
   1.  "Obscene."  Any  material  or  performance is "obscene" if (a) the
 average person, applying contemporary community  standards,  would  find
 that  considered  as  a whole, its predominant appeal is to the prurient
 interest in sex, and (b) it depicts or describes in a patently offensive
 manner, actual or simulated:  vaginal sexual contact, A CRIME UNDER  THE
 FORMER SECTIONS 130.50, 130.45, AND 130.40 OF THE PENAL LAW, oral sexual
 contact,  anal  sexual contact, sexual bestiality, masturbation, sadism,
 masochism, excretion or lewd exhibition of the genitals, and (c) consid-
 ered as a whole, it lacks serious  literary,  artistic,  political,  and
 scientific  value.  Predominant appeal shall be judged with reference to
 ordinary adults unless it appears from the character of the material  or
 the  circumstances  of  its dissemination to be designed for children or
 other especially susceptible audience.
   § 45. Sections 65 and 66 of a chapter of the laws  of  2023,  amending
 the  penal  law,  the  criminal  procedure  law, the correction law, the
 social services law, the vehicle and traffic law, the family court  act,
 the  civil rights law, the civil practice law and rules, the agriculture
 A. 8558                            25
 
 and markets law, the judiciary law and the domestic relations law relat-
 ing to sex offenses, as proposed in legislative bills  numbers  S.  3161
 and A.  3340, are amended to read as follows:
   §  65.  As it pertains to the repealed sections of law, [nothing] SUCH
 REPEAL SHALL NOT BE CONSTRUED TO APPLY RETROACTIVELY. OFFENSES COMMITTED
 PRIOR TO THE EFFECTIVE DATE OF THIS ACT MAY BE  CONSTRUED  AND  PUNISHED
 ACCORDING  TO  THE PROVISIONS OF LAW EXISTING AT THE TIME OF THE COMMIS-
 SION THEREOF.  NOTHING in this act shall affect a requirement to  regis-
 ter  pursuant  to article 6-C of the correction law; a lawfully required
 disclosure of a conviction; any restriction or prohibition  for  certain
 types  of employment, housing, or government benefit; or any other ongo-
 ing matter related to a conviction of the sections repealed in this act.
   § 66. This act shall take effect [January] SEPTEMBER 1, 2024 and shall
 apply to any offense COMMITTED on or after such effective date.
   § 46. This act shall take effect immediately; provided, however,  that
 sections  one  through  forty-four  of this act shall take effect on the
 same date and in the same manner as a  chapter  of  the  laws  of  2023,
 amending  the penal law, the criminal procedure law, the correction law,
 the social services law, the vehicle and traffic law, the  family  court
 act,  the  civil rights law, the civil practice law and rules, the agri-
 culture and markets law, the judiciary law and  the  domestic  relations
 law  relating  to sex offenses, as proposed in legislative bills numbers
 S. 3161 and A.  3340, takes effect.