S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3161
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2023
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
   when printed to be committed to the Committee on Codes
 
 AN ACT  to  amend  the  penal  law,  the  criminal  procedure  law,  the
   correction  law, the social services law, the vehicle and traffic law,
   the family court act, the civil rights law, the civil practice law and
   rules, the agriculture and markets law,  the  judiciary  law  and  the
   domestic  relations  law,  in  relation to sex offenses; and to repeal
   certain provisions of the penal law relating thereto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Sections  130.40,  130.45 and 130.50 of the penal law are
 REPEALED.
   § 2. Subdivisions 1 and 2 of section 130.00 of the penal law, subdivi-
 sion 2 as amended by chapter 264 of the laws of  2003,  are  amended  to
 read as follows:
   1.  "[Sexual  intercourse]  VAGINAL  SEXUAL CONTACT" [has its ordinary
 meaning and occurs upon any penetration, however slight]  MEANS  CONDUCT
 BETWEEN  PERSONS  CONSISTING OF CONTACT BETWEEN THE PENIS AND THE VAGINA
 OR VULVA.
   2. (a) "Oral sexual [conduct] CONTACT" means conduct  between  persons
 consisting of contact between the mouth and the penis, the mouth and the
 anus, or the mouth and the vulva or vagina.
   (b)  "Anal  sexual  [conduct]  CONTACT"  means conduct between persons
 consisting of contact between the penis and anus.
   § 3. Section 130.25 of the penal law, as amended by chapter 1  of  the
 laws of 2000, is amended to read as follows:
 § 130.25 Rape in the third degree.
   A person is guilty of rape in the third degree when:
   1.  He  or  she engages in [sexual intercourse] VAGINAL SEXUAL CONTACT
 with another person who is incapable of consent by reason of some factor
 other than being less than seventeen years old;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07466-01-3
              

 S. 3161                             2
 
   2. HE OR SHE ENGAGES IN ORAL SEXUAL CONTACT WITH ANOTHER PERSON WHO IS
 INCAPABLE OF CONSENT BY REASON OF SOME FACTOR OTHER THAN BEING LESS THAN
 SEVENTEEN YEARS OLD;
   3. HE OR SHE ENGAGES IN ANAL SEXUAL CONTACT WITH ANOTHER PERSON WHO IS
 INCAPABLE  OF  CONSENT  BY  REASON OF SOME OTHER FACTOR OTHER THAN BEING
 LESS THAN SEVENTEEN YEARS OLD;
   4. Being twenty-one years old or more, he or she  engages  in  [sexual
 intercourse] VAGINAL SEXUAL CONTACT with another person less than seven-
 teen years old; [or
   3.]  5.  BEING TWENTY-ONE YEARS OLD OR MORE, HE OR SHE ENGAGES IN ORAL
 SEXUAL CONTACT WITH ANOTHER PERSON LESS THAN SEVENTEEN YEARS OLD;
   6. BEING TWENTY-ONE YEARS OLD OR MORE, HE OR SHE ENGAGES IN ANAL SEXU-
 AL CONTACT WITH ANOTHER PERSON LESS THAN SEVENTEEN YEARS OLD;
   7. He or she engages in [sexual intercourse]  VAGINAL  SEXUAL  CONTACT
 with  another  person  without  such person's consent where such lack of
 consent is by reason of some factor other than incapacity to consent[.];
   8. HE OR SHE ENGAGES IN ORAL SEXUAL CONTACT WITH ANOTHER PERSON  WITH-
 OUT  SUCH  PERSON'S  CONSENT  WHERE SUCH LACK OF CONSENT IS BY REASON OF
 SOME FACTOR OTHER THAN INCAPACITY TO CONSENT; OR
   9. HE OR SHE ENGAGES IN ANAL SEXUAL CONTACT WITH ANOTHER PERSON  WITH-
 OUT  SUCH  PERSON'S  CONSENT  WHERE SUCH LACK OF CONSENT IS BY REASON OF
 SOME FACTOR OTHER THAN THE INCAPACITY TO CONSENT.
   Rape in the third degree is a class E felony.
   § 4. Section 130.30 of the penal law, as amended by chapter 1  of  the
 laws of 2000, is amended to read as follows:
 § 130.30 Rape in the second degree.
   A person is guilty of rape in the second degree when:
   1.  being  eighteen  years  old  or more, he or she engages in [sexual
 intercourse] VAGINAL  SEXUAL  CONTACT  with  another  person  less  than
 fifteen years old; [or]
   2.  BEING EIGHTEEN YEARS OLD OR MORE, HE OR SHE ENGAGES IN ORAL SEXUAL
 CONTACT WITH ANOTHER PERSON LESS THAN FIFTEEN YEARS OLD;
   3. BEING EIGHTEEN YEARS OLD OR MORE, HE OR SHE ENGAGES IN ANAL  SEXUAL
 CONTACT WITH ANOTHER PERSON LESS THAN FIFTEEN YEARS OLD;
   4.  he  or  she engages in [sexual intercourse] VAGINAL SEXUAL CONTACT
 with another person who is incapable  of  consent  by  reason  of  being
 mentally disabled or mentally incapacitated[.];
   5. HE OR SHE ENGAGES IN ORAL SEXUAL CONTACT WITH ANOTHER PERSON WHO IS
 INCAPABLE  OF  CONSENT  BY REASON OF BEING MENTALLY DISABLED OR MENTALLY
 INCAPACITATED; OR
   6. HE OR SHE ENGAGES IN ANAL SEXUAL CONTACT WITH ANOTHER PERSON WHO IS
 INCAPABLE OF CONSENT BY REASON OF BEING MENTALLY  DISABLED  OR  MENTALLY
 INCAPACITATED.
   It  shall be an affirmative defense to the crime of rape in the second
 degree as defined in [subdivision] SUBDIVISIONS one, TWO  AND  THREE  of
 this  section that the defendant was less than four years older than the
 victim at the time of the act.
   Rape in the second degree is a class D felony.
   § 5. Section 130.35 of the penal law, as amended by chapter 1  of  the
 laws of 2000, is amended to read as follows:
 § 130.35 Rape in the first degree.
   A person is guilty of rape in the first degree when:
   1.  he  or  she engages in [sexual intercourse] VAGINAL SEXUAL CONTACT
 with another person:
   [1.] (A) By forcible compulsion; or
 S. 3161                             3
 
   [2.] (B) Who is incapable of consent by  reason  of  being  physically
 helpless; or
   [3.] (C) Who is less than eleven years old; or
   [4.] (D) Who is less than thirteen years old and the actor is eighteen
 years old or more[.];
   2. HE OR SHE ENGAGES IN ORAL SEXUAL CONTACT WITH ANOTHER PERSON:
   (A) BY FORCIBLE COMPULSION; OR
   (B)  WHO  IS  INCAPABLE OF CONSENT BY REASON OF BEING PHYSICALLY HELP-
 LESS; OR
   (C) WHO IS LESS THAN ELEVEN YEARS OLD; OR
   (D) WHO IS LESS THAN THIRTEEN YEARS OLD  AND  THE  ACTOR  IS  EIGHTEEN
 YEARS OLD OR MORE; OR
   3. HE OR SHE ENGAGES IN ANAL SEXUAL CONTACT WITH ANOTHER PERSON:
   (A) BY FORCIBLE COMPULSION; OR
   (B)  WHO  IS  INCAPABLE OF CONSENT BY REASON OF BEING PHYSICALLY HELP-
 LESS; OR
   (C) WHO IS LESS THAN ELEVEN YEARS OLD; OR
   (D) WHO IS LESS THAN THIRTEEN YEARS OLD  AND  THE  ACTOR  IS  EIGHTEEN
 YEARS OLD OR MORE.
   Rape in the first degree is a class B felony.
   §  6. Paragraph 2 of subdivision 18 of section 10.00 of the penal law,
 as amended by chapter 7 of the laws of  2007,  is  amended  to  read  as
 follows:
   (2) a person fourteen or fifteen years old who is criminally responsi-
 ble for acts constituting the crimes defined in subdivisions one and two
 of section 125.25 (murder in the second degree) and in subdivision three
 of such section provided that the underlying crime for the murder charge
 is  one  for which such person is criminally responsible; section 135.25
 (kidnapping in the first degree); 150.20 (arson in  the  first  degree);
 subdivisions  one  and  two  of  section  120.10  (assault  in the first
 degree); 125.20 (manslaughter in the first  degree);  [subdivisions  one
 and]  PARAGRAPHS  (A) AND (B) OF SUBDIVISION ONE, PARAGRAPHS (A) AND (B)
 OF SUBDIVISION two, AND PARAGRAPHS (A) AND (B) OF SUBDIVISION  THREE  of
 section  130.35 (rape in the first degree); [subdivisions one and two of
 section 130.50 (criminal  sexual  act  in  the  first  degree);]  130.70
 (aggravated  sexual  abuse in the first degree); 140.30 (burglary in the
 first degree); subdivision one of section 140.25 (burglary in the second
 degree); 150.15 (arson in the second degree);  160.15  (robbery  in  the
 first  degree); subdivision two of section 160.10 (robbery in the second
 degree) of this chapter; or section 265.03 of this chapter,  where  such
 machine  gun  or  such  firearm  is possessed on school grounds, as that
 phrase is defined in subdivision fourteen  of  section  220.00  of  this
 chapter;  or  defined  in this chapter as an attempt to commit murder in
 the second degree or kidnapping in the first degree, or such conduct  as
 a sexually motivated felony, where authorized pursuant to section 130.91
 of [the penal law] THIS CHAPTER.
   §  7.  Subdivision  2 of section 30.00 of the penal law, as amended by
 section 38 of part WWW of chapter 59 of the laws of 2017, is amended  to
 read as follows:
   2.  A person thirteen, fourteen or, fifteen years of age is criminally
 responsible for acts constituting murder in the second degree as defined
 in subdivisions one and two of section 125.25 and in  subdivision  three
 of such section provided that the underlying crime for the murder charge
 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
 S. 3161                             4
 
 of age is  criminally  responsible  for  acts  constituting  the  crimes
 defined  in  section  135.25  (kidnapping  in  the first degree); 150.20
 (arson in the first degree); subdivisions one and two of section  120.10
 (assault  in  the  first  degree);  125.20  (manslaughter  in  the first
 degree); [subdivisions one and] PARAGRAPHS (A) AND  (B)  OF  SUBDIVISION
 ONE,  PARAGRAPHS  (A)  AND (B) OF SUBDIVISION two AND PARAGRAPHS (A) AND
 (B) OF SUBDIVISION THREE of section 130.35 (rape in the  first  degree);
 subdivisions  one  and two of section 130.50 (criminal sexual act in the
 first degree); 130.70 (aggravated sexual abuse  in  the  first  degree);
 140.30 (burglary in the first degree); subdivision one of section 140.25
 (burglary  in  the  second degree); 150.15 (arson in the second degree);
 160.15 (robbery in the first degree); subdivision two of section  160.10
 (robbery  in  the  second  degree) of this chapter; or section 265.03 of
 this chapter, where such machine gun or such  firearm  is  possessed  on
 school  grounds,  as  that  phrase is defined in subdivision fourteen of
 section 220.00 of this chapter; or defined in this chapter as an attempt
 to commit murder in the second degree or kidnapping in the first degree,
 or for such conduct as a sexually  motivated  felony,  where  authorized
 pursuant to section 130.91 of this chapter.
   § 8. Paragraph (b) of subdivision 2 of section 35.15 of the penal law,
 as  amended  by  chapter  511 of the laws of 2004, is amended to read as
 follows:
   (b) He or she reasonably believes that such other person is committing
 or attempting to commit a kidnapping, forcible rape, forcible  [criminal
 sexual act] AGGRAVATED SEXUAL ABUSE, or robbery; or
   § 9. Paragraph (c) of subdivision 1 of section 70.02 of the penal law,
 as  amended  by  chapter  134 of the laws of 2019, is amended to read as
 follows:
   (c) Class D violent felony offenses: an attempt to commit any  of  the
 class C felonies set forth in paragraph (b); reckless assault of a child
 as defined in section 120.02, assault in the second degree as defined in
 section 120.05, menacing a police officer or peace officer as defined in
 section  120.18, stalking in the first degree, as defined in subdivision
 one of section 120.60, strangulation in the second degree as defined  in
 section  121.12, rape in the second degree as defined in section 130.30,
 [criminal sexual act in the second degree as defined in section 130.45,]
 sexual abuse in the first degree as defined in section 130.65, course of
 sexual conduct against a child  in  the  second  degree  as  defined  in
 section  130.80,  aggravated sexual abuse in the third degree as defined
 in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
 substance  as defined in section 130.90, labor trafficking as defined in
 paragraphs (a) and (b) of subdivision three of section 135.35,  criminal
 possession  of  a  weapon  in the third degree as defined in subdivision
 five, six, seven, eight, nine or ten of section 265.02, criminal sale of
 a firearm in the third degree as defined in section 265.11, intimidating
 a victim or witness in the second degree as defined in  section  215.16,
 soliciting  or  providing  support for an act of terrorism in the second
 degree as defined in section 490.10, and making a terroristic threat  as
 defined  in  section  490.20, falsely reporting an incident in the first
 degree as defined in section 240.60, placing a false bomb  or  hazardous
 substance  in  the  first degree as defined in section 240.62, placing a
 false bomb or hazardous substance in a sports  stadium  or  arena,  mass
 transportation  facility or enclosed shopping mall as defined in section
 240.63, aggravated unpermitted use of indoor pyrotechnics in  the  first
 degree  as defined in section 405.18, and criminal manufacture, sale, or
 S. 3161                             5
 
 transport of an undetectable firearm, rifle or  shotgun  as  defined  in
 section 265.50.
   § 10. Paragraph b of subdivision 5 of section 120.40 of the penal law,
 as  amended  by  chapter  320 of the laws of 2006, is amended to read as
 follows:
   b. a  crime  defined  in  section  130.20,  130.25,  130.30,  [130.40,
 130.45,] 130.55, 130.60, 130.70, 255.25, 255.26 or 255.27;
   §  11. Paragraph (d) of subdivision 2 and paragraph (h) of subdivision
 3 of section 130.05 of the penal law, paragraph (d) of subdivision 2  as
 amended  by chapter 40 of the laws of 2004 and paragraph (h) of subdivi-
 sion 3 as amended by section 2 of part G of chapter 501 of the  laws  of
 2012, are amended to read as follows:
   (d)  Where  the offense charged is rape in the third degree as defined
 in [subdivision three] SUBDIVISION  SEVEN,  EIGHT  OR  NINE  of  section
 130.25, [or criminal sexual act in the third degree as defined in subdi-
 vision  three of section 130.40,] in addition to forcible VAGINAL SEXUAL
 CONTACT compulsion, circumstances under which, at the time of the act of
 intercourse, oral sexual [conduct]  CONTACT  or  anal  sexual  [conduct]
 CONTACT,  the victim clearly expressed that he or she did not consent to
 engage in such act, and a reasonable person  in  the  actor's  situation
 would  have  understood such person's words and acts as an expression of
 lack of consent to such act under all the circumstances.
   (h) a client or patient and the actor is a  health  care  provider  or
 mental  health  care  provider  charged with rape in the third degree as
 defined in section 130.25, [criminal sexual act in the third  degree  as
 defined in section 130.40,] aggravated sexual abuse in the fourth degree
 as  defined  in section 130.65-a, or sexual abuse in the third degree as
 defined in section 130.55, and the act of sexual conduct occurs during a
 treatment session, consultation, interview, or examination; or
   § 12. The opening paragraph of subdivision 3 of section 125.25 of  the
 penal  law, as amended by chapter 264 of the laws of 2003, is amended to
 read as follows:
   Acting either alone or with one or more other persons, he  commits  or
 attempts  to  commit  robbery,  burglary, kidnapping, arson, rape in the
 first degree, [criminal sexual act in the first degree,] sexual abuse in
 the first degree, aggravated sexual abuse, escape in the  first  degree,
 or escape in the second degree, and, in the course of and in furtherance
 of  such  crime or of immediate flight therefrom, he, or another partic-
 ipant, if there be any, causes the death of a person other than  one  of
 the participants; except that in any prosecution under this subdivision,
 in  which  the  defendant was not the only participant in the underlying
 crime, it is an affirmative defense that the defendant:
   § 13. Subdivision 5 of section 125.25 of the penal law, as amended  by
 chapter 320 of the laws of 2006, is amended to read as follows:
   5. Being eighteen years old or more, while in the course of committing
 rape  in  the first, second or third degree, [criminal sexual act in the
 first, second or third degree,] sexual abuse in the first degree, aggra-
 vated sexual abuse in the first, second,  third  or  fourth  degree,  or
 incest  in the first, second or third degree, against a person less than
 fourteen years old, he or she intentionally causes  the  death  of  such
 person.
   §  14. Subparagraph (vii) of paragraph (a) of subdivision 1 of section
 125.27 of the penal law, as amended by chapter 264 of the laws of  2003,
 is amended to read as follows:
   (vii)  the  victim was killed while the defendant was in the course of
 committing or attempting  to  commit  and  in  furtherance  of  robbery,
 S. 3161                             6

 burglary  in  the first degree or second degree, kidnapping in the first
 degree, arson in the first degree or second degree, rape  in  the  first
 degree,  [criminal  sexual act in the first degree,] sexual abuse in the
 first  degree,  aggravated sexual abuse in the first degree or escape in
 the first degree, or in the  course  of  and  furtherance  of  immediate
 flight after committing or attempting to commit any such crime or in the
 course of and furtherance of immediate flight after attempting to commit
 the  crime  of murder in the second degree; provided however, the victim
 is not a participant in one of the aforementioned crimes  and,  provided
 further  that,  unless  the  defendant's  criminal  liability under this
 subparagraph is based upon the defendant having commanded another person
 to cause the death of the victim or intended victim pursuant to  section
 20.00  of  this  chapter,  this  subparagraph  shall not apply where the
 defendant's criminal liability is based  upon  the  conduct  of  another
 pursuant to section 20.00 of this chapter; or
   §  15. Subdivision 3 of section 130.10 of the penal law, as amended by
 chapter 264 of the laws of 2003, is amended to read as follows:
   3. In any prosecution for the crime of rape in  the  third  degree  as
 defined  in  section 130.25, [criminal sexual act in the third degree as
 defined in section 130.40,] aggravated sexual abuse in the fourth degree
 as defined in section 130.65-a, or sexual abuse in the third  degree  as
 defined in section 130.55 in which incapacity to consent is based on the
 circumstances set forth in paragraph (h) of subdivision three of section
 130.05  of  this  article  it  shall  be an affirmative defense that the
 client or patient consented to such conduct charged  after  having  been
 expressly advised by the health care or mental health care provider that
 such conduct was not performed for a valid medical purpose.
   § 16. The opening paragraph and subdivision 2 of section 130.95 of the
 penal  law,  as added by chapter 107 of the laws of 2006, are amended to
 read as follows:
   A person is guilty of predatory sexual assault when he or she  commits
 the crime of rape in the first degree, [criminal sexual act in the first
 degree,] aggravated sexual abuse in the first degree, or course of sexu-
 al conduct against a child in the first degree, as defined in this arti-
 cle, and when:
   2.  He or she has engaged in conduct constituting the crime of rape in
 the first degree, [criminal sexual act in the first degree,]  aggravated
 sexual  abuse in the first degree, or course of sexual conduct against a
 child in the first degree, as defined in this article,  against  one  or
 more additional persons; or
   §  17.  The  opening  paragraph of section 130.96 of the penal law, as
 added by chapter 107 of the laws of 2006, is amended to read as follows:
   A person is guilty of predatory sexual assault against a  child  when,
 being eighteen years old or more, he or she commits the crime of rape in
 the  first degree, [criminal sexual act in the first degree,] aggravated
 sexual abuse in the first degree, or course of sexual conduct against  a
 child in the first degree, as defined in this article, and the victim is
 less than thirteen years old.
   §  18. Subdivision 2 of section 240.75 of the penal law, as amended by
 section 8 of part NN of chapter 55 of the laws of 2018,  is  amended  to
 read as follows:
   2.  A  "specified  offense"  is  an  offense defined in section 120.00
 (assault in the third degree); section 120.05  (assault  in  the  second
 degree);  section  120.10  (assault in the first degree); section 120.13
 (menacing in the first degree); section 120.14 (menacing in  the  second
 degree);  section  120.15 (menacing in the third degree); section 120.20
 S. 3161                             7
 
 (reckless endangerment in the second degree); section  120.25  (reckless
 endangerment  in  the  first  degree);  section  120.45 (stalking in the
 fourth degree); section 120.50 (stalking in the third  degree);  section
 120.55  (stalking in the second degree); section 120.60 (stalking in the
 first degree); section 121.11  (criminal  obstruction  of  breathing  or
 blood circulation); section 121.12 (strangulation in the second degree);
 section  121.13  (strangulation in the first degree); subdivision one of
 section 125.15 (manslaughter in the second degree); subdivision one, two
 or four of section 125.20 (manslaughter in the  first  degree);  section
 125.25  (murder  in  the  second degree); section 130.20 (sexual miscon-
 duct); SECTION 130.25 (RAPE IN THE THIRD DEGREE); section  130.30  (rape
 in  the  second  degree);  section  130.35  (rape  in the first degree);
 [section 130.40 (criminal sexual  act  in  the  third  degree);  section
 130.45 (criminal sexual act in the second degree); section 130.50 (crim-
 inal  sexual  act in the first degree);] section 130.52 (forcible touch-
 ing); section 130.53 (persistent sexual abuse); section  130.55  (sexual
 abuse  in  the third degree); section 130.60 (sexual abuse in the second
 degree); section 130.65 (sexual abuse  in  the  first  degree);  section
 130.66  (aggravated  sexual  abuse  in the third degree); section 130.67
 (aggravated sexual abuse in the second degree); section  130.70  (aggra-
 vated  sexual abuse in the first degree); section 130.91 (sexually moti-
 vated felony); section 130.95 (predatory sexual assault); section 130.96
 (predatory sexual assault against a  child);  section  135.05  (unlawful
 imprisonment  in  the second degree); section 135.10 (unlawful imprison-
 ment in the  first  degree);  section  135.60  (coercion  in  the  third
 degree);  section 135.61 (coercion in the second degree); section 135.65
 (coercion in the first degree); section 140.20 (burglary  in  the  third
 degree);  section 140.25 (burglary in the second degree); section 140.30
 (burglary in the first degree); section 145.00 (criminal mischief in the
 fourth degree); section 145.05 (criminal mischief in the third  degree);
 section  145.10 (criminal mischief in the second degree); section 145.12
 (criminal mischief  in  the  first  degree);  section  145.14  (criminal
 tampering in the third degree); section 215.50 (criminal contempt in the
 second  degree); section 215.51 (criminal contempt in the first degree);
 section 215.52 (aggravated criminal contempt); section  240.25  (harass-
 ment  in  the  first  degree);  subdivision  one, two or four of section
 240.30 (aggravated harassment in the second degree);  aggravated  family
 offense  as  defined  in  this  section  or any attempt or conspiracy to
 commit any of the foregoing offenses where the defendant and the  person
 against  whom  the offense was committed were members of the same family
 or household as defined in subdivision one  of  section  530.11  of  the
 criminal procedure law.
   §  19. Section 255.26 of the penal law, as added by chapter 320 of the
 laws of 2006, is amended to read as follows:
 § 255.26 Incest in the second degree.
   A person is guilty of incest in the  second  degree  when  he  or  she
 commits  the  crime  of rape in the second degree, as defined in section
 130.30 of this part, [or criminal sexual act in the  second  degree,  as
 defined in section 130.45 of this part,] against a person whom he or she
 knows  to  be related to him or her, whether through marriage or not, as
 an ancestor, descendant, brother or sister of either the  whole  or  the
 half blood, uncle, aunt, nephew or niece.
   Incest in the second degree is a class D felony.
   §  20. Section 255.27 of the penal law, as added by chapter 320 of the
 laws of 2006, is amended to read as follows:
 § 255.27 Incest in the first degree.
 S. 3161                             8
 
   A person is guilty of incest in  the  first  degree  when  he  or  she
 commits  the  crime of rape in the first degree, as defined in PARAGRAPH
 (C) OR (D) OF subdivision [three or four] ONE, PARAGRAPH (C) OR  (D)  OF
 SUBDIVISION  TWO OR PARAGRAPH (C) OR (D) OF SUBDIVISION THREE of section
 130.35  of  this  part[,  or criminal sexual act in the first degree, as
 defined in subdivision three or four of section 130.50  of  this  part,]
 against  a  person  whom  he  or  she knows to be related to him or her,
 whether through marriage or not, as an ancestor, descendant, brother  or
 sister of either the whole or half blood, uncle, aunt, nephew or niece.
   Incest in the first degree is a class B felony.
   §  21. Subdivision 3 of section 485.05 of the penal law, as amended by
 section 3 of part R of chapter 55 of the laws of  2020,  is  amended  to
 read as follows:
   3. A "specified offense" is an offense defined by any of the following
 provisions  of  this  chapter:  section  120.00  (assault  in  the third
 degree); section 120.05 (assault in the second degree);  section  120.10
 (assault in the first degree); section 120.12 (aggravated assault upon a
 person  less  than  eleven  years  old); section 120.13 (menacing in the
 first degree); section 120.14 (menacing in the second  degree);  section
 120.15  (menacing  in the third degree); section 120.20 (reckless endan-
 germent in the second degree); section 120.25 (reckless endangerment  in
 the  first degree); section 121.12 (strangulation in the second degree);
 section 121.13 (strangulation in the first degree); subdivision  one  of
 section 125.15 (manslaughter in the second degree); subdivision one, two
 or  four  of  section 125.20 (manslaughter in the first degree); section
 125.25 (murder in the second degree); section 120.45  (stalking  in  the
 fourth  degree);  section 120.50 (stalking in the third degree); section
 120.55 (stalking in the second degree); section 120.60 (stalking in  the
 first degree); PARAGRAPH (A) OF subdivision one, PARAGRAPH (A) OF SUBDI-
 VISION  TWO  AND  PARAGRAPH  (A)  OF SUBDIVISION THREE of section 130.35
 (rape in the first degree); [subdivision one of section 130.50 (criminal
 sexual act in the first  degree);  subdivision  one  of  section  130.65
 (sexual abuse in the first degree);] paragraph (a) of subdivision one of
 section 130.67 (aggravated sexual abuse in the second degree); paragraph
 (a) of subdivision one of section 130.70 (aggravated sexual abuse in the
 first  degree);  section  135.05  (unlawful  imprisonment  in the second
 degree); section 135.10 (unlawful imprisonment  in  the  first  degree);
 section  135.20  (kidnapping  in  the  second  degree);  section  135.25
 (kidnapping in the first degree); section 135.60 (coercion in the  third
 degree);  section 135.61 (coercion in the second degree); section 135.65
 (coercion in the first degree); section 140.10 (criminal trespass in the
 third degree); section 140.15 (criminal trespass in the second  degree);
 section  140.17  (criminal trespass in the first degree); section 140.20
 (burglary in the third degree); section 140.25 (burglary in  the  second
 degree);  section  140.30 (burglary in the first degree); section 145.00
 (criminal mischief in  the  fourth  degree);  section  145.05  (criminal
 mischief  in the third degree); section 145.10 (criminal mischief in the
 second degree); section 145.12 (criminal mischief in the first  degree);
 section  150.05  (arson  in the fourth degree); section 150.10 (arson in
 the third degree); section 150.15 (arson in the second degree);  section
 150.20  (arson  in  the  first  degree); section 155.25 (petit larceny);
 section 155.30 (grand larceny in  the  fourth  degree);  section  155.35
 (grand  larceny  in  the third degree); section 155.40 (grand larceny in
 the second degree); section 155.42 (grand larceny in the first  degree);
 section 160.05 (robbery in the third degree); section 160.10 (robbery in
 the  second  degree);  section  160.15  (robbery  in  the first degree);
 S. 3161                             9
 
 section 240.25 (harassment in the first degree); subdivision one, two or
 four of section 240.30 (aggravated harassment  in  the  second  degree);
 section  490.10 (soliciting or providing support for an act of terrorism
 in  the  second degree); section 490.15 (soliciting or providing support
 for an act of terrorism in the first degree); section 490.20  (making  a
 terroristic threat); section 490.25 (crime of terrorism); section 490.30
 (hindering  prosecution  of  terrorism  in  the  second degree); section
 490.35 (hindering prosecution of terrorism in the first degree); section
 490.37 (criminal possession of a chemical weapon or biological weapon in
 the third degree); section 490.40 (criminal  possession  of  a  chemical
 weapon or biological weapon in the second degree); section 490.45 (crim-
 inal  possession  of a chemical weapon or biological weapon in the first
 degree); section 490.47 (criminal use of a chemical weapon or biological
 weapon in the third degree); section 490.50 (criminal use of a  chemical
 weapon or biological weapon in the second degree); section 490.55 (crim-
 inal use of a chemical weapon or biological weapon in the first degree);
 or any attempt or conspiracy to commit any of the foregoing offenses.
   § 22. Subdivision 42 of section 1.20 of the criminal procedure law, as
 amended by chapter 7 of the laws of 2007, is amended to read as follows:
   42.  "Juvenile offender" means (1) a person, thirteen years old who is
 criminally responsible for acts constituting murder in the second degree
 as defined in subdivisions one and two of section 125.25  of  the  penal
 law,  or  such  conduct as a sexually motivated felony, where authorized
 pursuant to section 130.91 of the penal law; and (2) a  person  fourteen
 or fifteen years old who is criminally responsible for acts constituting
 the crimes defined in subdivisions one and two of section 125.25 (murder
 in  the second degree) and in subdivision three of such section provided
 that the underlying crime for the murder charge is one  for  which  such
 person  is  criminally  responsible;  section  135.25 (kidnapping in the
 first degree); 150.20 (arson in the first degree); subdivisions one  and
 two of section 120.10 (assault in the first degree); 125.20 (manslaught-
 er  in  the first degree); [subdivisions one and] PARAGRAPHS (A) AND (B)
 OF SUBDIVISION ONE, PARAGRAPHS (A) AND (B) OF SUBDIVISION two AND  PARA-
 GRAPHS  (A)  AND (B) OF SUBDIVISION THREE of section 130.35 (rape in the
 first degree); [subdivisions one and two  of  section  130.50  (criminal
 sexual act in the first degree);] 130.70 (aggravated sexual abuse in the
 first degree); 140.30 (burglary in the first degree); subdivision one of
 section  140.25  (burglary  in  the second degree); 150.15 (arson in the
 second degree); 160.15 (robbery in the first degree); subdivision two of
 section 160.10 (robbery in the second  degree)  of  the  penal  law;  or
 section  265.03 of the penal law, where such machine gun or such firearm
 is possessed on school grounds, as that phrase is defined in subdivision
 fourteen of section 220.00 of the penal law; or defined in the penal law
 as an attempt to commit murder in the second degree or kidnapping in the
 first degree, or such conduct as  a  sexually  motivated  felony,  where
 authorized pursuant to section 130.91 of the penal law.
   §  23.  Paragraphs (a) and (b) of subdivision 1, the opening paragraph
 of subdivision 2 and paragraph (a) of subdivision 3 of section 140.20 of
 the criminal procedure law, paragraphs (a) and (b) of subdivision  1  as
 amended  by  chapter  324  of the laws of 1988, the opening paragraph of
 subdivision 2 and paragraph (a) of subdivision 3 as amended  by  chapter
 550 of the laws of 1987, are amended to read as follows:
   (a)  If  the  arrest is for an offense other than a class A, B, C or D
 felony or a violation  of  section  130.25,  [130.40,]  205.10,  205.17,
 205.19  or  215.56  of  the  penal law committed in a town, but not in a
 village thereof having a village court, and the town court of such  town
 S. 3161                            10
 
 is  not available at the time, the arrested person may be brought before
 the local criminal court of any village within such town or, any adjoin-
 ing town, village embraced in whole or in part by such  adjoining  town,
 or city of the same county; and
   (b)  If  the  arrest is for an offense other than a class A, B, C or D
 felony or a violation  of  section  130.25,  [130.40,]  205.10,  205.17,
 205.19  or  215.56  of  the  penal  law  committed in a village having a
 village court and such court is not available at the time, the  arrested
 person  may  be brought before the town court of the town embracing such
 village or any other village court within such town, or, if such town or
 village court is not available either, before the local  criminal  court
 of  any  adjoining  town,  village  embraced in whole or in part by such
 adjoining town, or city of the same county; and
   If the arrest is for an offense other than a class A, B, C or D felony
 or a violation of section 130.25, [130.40,] 205.10,  205.17,  205.19  or
 215.56  of the penal law, the arrested person need not be brought before
 a local criminal court as provided in subdivision one, and the procedure
 may instead be as follows:
   (a) the arrest is for an offense other than a class A, B, C or D felo-
 ny or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or
 215.56 of the penal law, and
   § 24. Paragraph (a) of subdivision 3  and  the  opening  paragraph  of
 subdivision  4  of  section  140.27  of  the  criminal procedure law, as
 amended by chapter 550 of the laws of  1987,  are  amended  to  read  as
 follows:
   (a) the arrest is for an offense other than a class A, B, C or D felo-
 ny or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or
 215.56 of the penal law and
   If the arrest is for an offense other than a class A, B, C or D felony
 or  a  violation  of section 130.25, [130.40,] 205.10, 205.17, 205.19 or
 215.56 of the penal law, the arrested person need not be brought  before
 a local criminal court as provided in subdivision two, and the procedure
 may instead be as follows:
   §  25.  Paragraph  (a)  of  subdivision 2 and the opening paragraph of
 subdivision 3 of section  140.40  of  the  criminal  procedure  law,  as
 amended  by  chapter  550  of  the  laws of 1987, are amended to read as
 follows:
   (a) the arrest is for an offense other than a class A, B, C or D felo-
 ny or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or
 215.56 of the penal law and
   If the arrest is for an offense other than a class A, B, C or D felony
 or a violation of section 130.25, [130.40,] 205.10,  205.17,  205.19  or
 215.56  of the penal law, the arrested person need not be brought before
 a local criminal court, as provided in subdivision one, and  the  proce-
 dure may instead be as follows:
   § 26. Paragraph (a) of subdivision 1 of section 150.20 of the criminal
 procedure  law,  as  amended by section 1-a of part JJJ of chapter 59 of
 the laws of 2019, is amended to read as follows:
   (a) Whenever a police officer is authorized pursuant to section 140.10
 of this title to arrest a person without a warrant for an offense  other
 than  a  class  A,  B,  C  or D felony or a violation of section 130.25,
 [130.40,] 205.10, 205.17, 205.19 or 215.56 of the penal law,  he  shall,
 except  as  set out in paragraph (b) of this subdivision, subject to the
 provisions of subdivisions three and four  of  section  150.40  of  this
 title, instead issue to and serve upon such person an appearance ticket.
 S. 3161                            11
 
   § 27. Subdivision (a) of section 190.71 of the criminal procedure law,
 as  amended  by  chapter  7  of  the laws of 2007, is amended to read as
 follows:
   (a)  Except  as  provided in subdivision six of section 200.20 of this
 chapter, a grand jury may not indict (i) a person thirteen years of  age
 for any conduct or crime other than conduct constituting a crime defined
 in  subdivisions  one  and  two  of section 125.25 (murder in the second
 degree) or such conduct as a sexually motivated felony, where authorized
 pursuant to section 130.91 of the penal law; (ii) a person  fourteen  or
 fifteen years of age for any conduct or crime other than conduct consti-
 tuting  a  crime  defined  in subdivisions one and two of section 125.25
 (murder in the second degree) and in subdivision three of  such  section
 provided  that  the  underlying  crime  for the murder charge is one for
 which such person is criminally responsible; 135.25 (kidnapping  in  the
 first  degree); 150.20 (arson in the first degree); subdivisions one and
 two of section 120.10 (assault in the first degree); 125.20 (manslaught-
 er in the first degree); [subdivisions one and] PARAGRAPHS (A)  AND  (B)
 OF  SUBDIVISION ONE, PARAGRAPHS (A) AND (B) OF SUBDIVISION two AND PARA-
 GRAPHS (A) AND (B) OF SUBDIVISION THREE of section 130.35 (rape  in  the
 first  degree);  [subdivisions  one  and two of section 130.50 (criminal
 sexual act in the first degree);] 130.70 (aggravated sexual abuse in the
 first degree); 140.30 (burglary in the first degree); subdivision one of
 section 140.25 (burglary in the second degree);  150.15  (arson  in  the
 second degree); 160.15 (robbery in the first degree); subdivision two of
 section  160.10 (robbery in the second degree) of the penal law; [subdi-
 vision four of section 265.02 of the penal law, where  such  firearm  is
 possessed  on  school  grounds, as that phrase is defined in subdivision
 fourteen of section 220.00 of the penal law;] or section 265.03  of  the
 penal law, where such machine gun or such firearm is possessed on school
 grounds,  as  that  phrase is defined in subdivision fourteen of section
 220.00 of the penal law; or defined in the penal law as  an  attempt  to
 commit murder in the second degree or kidnapping in the first degree, or
 such  conduct  as a sexually motivated felony, where authorized pursuant
 to section 130.91 of the penal law.
   § 28. Subdivision 4 of section 722.20 of the criminal  procedure  law,
 as  added  by section 1-a of part WWW of chapter 59 of the laws of 2017,
 is amended to read as follows:
   4. Notwithstanding the provisions of subdivisions  two  and  three  of
 this  section, the court shall, at the request of the district attorney,
 order removal of an action against a juvenile  offender  to  the  family
 court pursuant to the provisions of article seven hundred twenty-five of
 this  title if, upon consideration of the criteria specified in subdivi-
 sion two of section 722.22 of this article, it is determined that to  do
 so  would  be  in  the  interests of justice. Where, however, the felony
 complaint charges the juvenile offender with murder in the second degree
 as defined in section 125.25 of the penal law, rape in the first  degree
 as  defined in PARAGRAPH (A) OF subdivision one, PARAGRAPH (A) OF SUBDI-
 VISION TWO AND PARAGRAPH (A) OF SUBDIVISION THREE of section  130.35  of
 the  penal  law,  [criminal sexual act in the first degree as defined in
 subdivision one of section 130.50 of the penal law,] or an armed  felony
 as  defined in paragraph (a) of subdivision forty-one of section 1.20 of
 this chapter, a determination that such action be removed to the  family
 court  shall, in addition, be based upon a finding of one or more of the
 following factors: (i) mitigating circumstances that bear directly  upon
 the manner in which the crime was committed; or (ii) where the defendant
 was not the sole participant in the crime, the defendant's participation
 S. 3161                            12
 
 was relatively minor although not so minor as to constitute a defense to
 the prosecution; or (iii) possible deficiencies in proof of the crime.
   §  29.  Subdivision 5 of section 722.21 of the criminal procedure law,
 as added by section 1-a of part WWW of chapter 59 of the laws  of  2017,
 is amended to read as follows:
   5.  Notwithstanding subdivisions two and three of this section, at the
 request of the district attorney, the court shall order  removal  of  an
 action  against an adolescent offender charged with an offense listed in
 paragraph (a) of subdivision two of section 722.23 of this  article,  to
 the  family  court  pursuant  to the provisions of article seven hundred
 twenty-five of this title and upon consideration of the criteria  speci-
 fied  in subdivision two of section 722.22 of this article, it is deter-
 mined that to do so would be in the interests of justice. Where,  howev-
 er,  the felony complaint charges the adolescent offender with murder in
 the second degree as defined in section 125.25 of the penal law, rape in
 the first degree as defined in PARAGRAPH (A) OF subdivision  one,  PARA-
 GRAPH  (A)  OF SUBDIVISION TWO AND PARAGRAPH (A) OF SUBDIVISION THREE of
 section 130.35 of the penal law,  [criminal  sexual  act  in  the  first
 degree  as  defined  in  subdivision  one of section 130.50 of the penal
 law,] or an armed felony as defined  in  paragraph  (a)  of  subdivision
 forty-one  of  section  1.20  of this chapter, a determination that such
 action be removed to the family court shall, in addition, be based  upon
 a  finding  of  one  or  more  of  the following factors: (i) mitigating
 circumstances that bear directly upon the manner in which the crime  was
 committed;  or  (ii) where the defendant was not the sole participant in
 the crime, the defendant's participation was relatively  minor  although
 not  so  minor  as  to constitute a defense to the prosecution; or (iii)
 possible deficiencies in proof of the crime.
   § 30. Paragraph (b) of subdivision 1 of section 722.22 of the criminal
 procedure law, as added by section 1-a of part WWW of chapter 59 of  the
 laws of 2017, is amended to read as follows:
   (b)  with  the  consent  of the district attorney, order removal of an
 action involving an indictment charging a juvenile offender with  murder
 in the second degree as defined in section 125.25 of the penal law; rape
 in  the  first  degree,  as defined in PARAGRAPH (A) OF subdivision one,
 PARAGRAPH (A) OF SUBDIVISION TWO AND PARAGRAPH (A) OF SUBDIVISION  THREE
 of  section  130.35  of the penal law[; criminal sexual act in the first
 degree, as defined in subdivision one of section  130.50  of  the  penal
 law];  or  an  armed  felony  as defined in paragraph (a) of subdivision
 forty-one of section 1.20 of this chapter, to the family court  pursuant
 to  the provisions of article seven hundred twenty-five of this title if
 the court finds one or more of the  following  factors:  (i)  mitigating
 circumstances  that bear directly upon the manner in which the crime was
 committed; (ii) where the defendant was not the sole participant in  the
 crime,  the  defendant's participation was relatively minor although not
 so minor as to constitute a defense to the prosecution; or (iii)  possi-
 ble  deficiencies in the proof of the crime, and, after consideration of
 the factors set forth in subdivision two  of  this  section,  the  court
 determined  that  removal  of the action to the family court would be in
 the interests of justice.
   § 31. Subparagraph (iii) of paragraph (g) of subdivision 5 of  section
 220.10  of  the criminal procedure law, as amended by chapter 264 of the
 laws of 2003, is amended to read as follows:
   (iii) Where the indictment  does  not  charge  a  crime  specified  in
 subparagraph  (i) of this paragraph, the district attorney may recommend
 removal of the action to the family court. Upon making such  recommenda-
 S. 3161                            13

 tion  the district attorney shall submit a subscribed memorandum setting
 forth: (1) a recommendation that the interests of justice would best  be
 served  by  removal  of  the  action to the family court; and (2) if the
 indictment  charges  a thirteen year old with the crime of murder in the
 second degree, or a fourteen or fifteen year old with the crimes of rape
 in the first degree as defined in  PARAGRAPH  (A)  OF  subdivision  one,
 PARAGRAPH  (A) OF SUBDIVISION TWO AND PARAGRAPH (A) OF SUBDIVISION THREE
 of section 130.35 of the penal law, [or criminal sexual act in the first
 degree as defined in subdivision one of  section  130.50  of  the  penal
 law,]  or  an  armed  felony  as defined in paragraph (a) of subdivision
 forty-one of section 1.20 of this chapter specific factors, one or  more
 of which reasonably supports the recommendation, showing, (i) mitigating
 circumstances  that bear directly upon the manner in which the crime was
 committed, or (ii) where the defendant was not the sole  participant  in
 the  crime,  that  the  defendant's  participation  was relatively minor
 although not so minor as to constitute a defense to the prosecution,  or
 (iii)  possible  deficiencies  in  proof of the crime, or (iv) where the
 juvenile offender has no previous adjudications of  having  committed  a
 designated  felony act, as defined in subdivision eight of section 301.2
 of the family court act, regardless of the age of the  offender  at  the
 time  of  commission of the act, that the criminal act was not part of a
 pattern of criminal behavior and, in view of the history of  the  offen-
 der, is not likely to be repeated.
   §  32.  Subdivision 6 of section 300.50 of the criminal procedure law,
 as amended by chapter 264 of the laws of 2003, is  amended  to  read  as
 follows:
   6.  For  purposes  of  this section, the offenses of rape in the third
 degree as defined in [subdivision three] SUBDIVISIONS SEVEN,  EIGHT  AND
 NINE  of section 130.25 of the penal law [and criminal sexual act in the
 third degree as defined in subdivision three of section  130.40  of  the
 penal  law],  are  not  lesser  included  offenses  of rape in the first
 degree[, criminal sexual act in the first degree] or any other  offense.
 Notwithstanding  the foregoing, [either] ANY such offense may be submit-
 ted as a lesser included offense of the applicable first degree  offense
 when  (i) there is a reasonable view of the evidence which would support
 a finding that the defendant committed such lesser offense but  did  not
 commit  the  greater  offense,  and  (ii)  both  parties  consent to its
 submission.
   § 32-a. Subdivision 6 of section 380.50 of the criminal procedure law,
 as separately amended by chapters 368 and 394 of the laws  of  2015,  is
 amended to read as follows:
   6.  Regardless of whether the victim requests to make a statement with
 regard to the defendant's sentence, where the defendant is sentenced for
 a violent felony offense as defined in section 70.02 of the penal law or
 a felony defined in article one hundred twenty-five of such law  or  any
 of  the  following  provisions  of  such  law  sections  130.25, 130.30,
 [130.40, 130.45,] 255.25, 255.26, 255.27,  article  two  hundred  sixty-
 three,  135.10, 135.25, 230.05, 230.06, 230.11, 230.12, 230.13, subdivi-
 sion two of section 230.30 or 230.32, the prosecutor shall, within sixty
 days of the imposition of sentence, provide  the  victim  with  a  form,
 prepared and distributed by the commissioner of the division of criminal
 justice  services,  in  consultation  with the director of the office of
 victim services, on which  the  victim  may  indicate  a  demand  to  be
 informed  of  any  petition  to  change the name of such defendant. Such
 forms shall be maintained by such prosecutor. Upon receipt of  a  notice
 of  a  petition  to  change  the name of any such defendant, pursuant to
 S. 3161                            14
 
 subdivision two of section sixty-two of the civil rights law, the prose-
 cutor shall promptly notify the victim at the most  current  address  or
 telephone  number  provided  by  such  victim in the most reasonable and
 expedient  possible  manner  of the time and place such petition will be
 presented to the court.
   § 33.  Paragraph (b) of subdivision 8 of section 700.05 of the  crimi-
 nal  procedure  law,  as  amended by chapter 134 of the laws of 2019, is
 amended to read as follows:
   (b) Any of the following felonies: assault in  the  second  degree  as
 defined  in section 120.05 of the penal law, assault in the first degree
 as defined in section 120.10 of the penal law, reckless endangerment  in
 the  first degree as defined in section 120.25 of the penal law, promot-
 ing a suicide attempt as defined in section 120.30  of  the  penal  law,
 strangulation  in  the second degree as defined in section 121.12 of the
 penal law, strangulation in the  first  degree  as  defined  in  section
 121.13  of  the  penal  law, criminally negligent homicide as defined in
 section 125.10 of the penal law, manslaughter in the  second  degree  as
 defined  in  section  125.15 of the penal law, manslaughter in the first
 degree as defined in section 125.20 of the  penal  law,  murder  in  the
 second  degree  as defined in section 125.25 of the penal law, murder in
 the first degree as defined in section 125.27 of the penal law, rape  in
 the  third degree as defined in section 130.25 of the penal law, rape in
 the second degree as defined in section 130.30 of the penal law, rape in
 the first degree as defined in section 130.35 of the penal law,  [crimi-
 nal  sexual  act in the third degree as defined in section 130.40 of the
 penal law, criminal sexual act  in  the  second  degree  as  defined  in
 section 130.45 of the penal law, criminal sexual act in the first degree
 as  defined  in  section  130.50  of the penal law,] sexual abuse in the
 first degree as defined in section 130.65 of  the  penal  law,  unlawful
 imprisonment  in  the  first  degree as defined in section 135.10 of the
 penal law, kidnapping in the second degree as defined in section  135.20
 of  the  penal law, kidnapping in the first degree as defined in section
 135.25 of the penal law, labor trafficking as defined in section  135.35
 of  the  penal  law,  aggravated labor trafficking as defined in section
 135.37 of the penal law, custodial interference in the first  degree  as
 defined in section 135.50 of the penal law, coercion in the first degree
 as  defined in section 135.65 of the penal law, criminal trespass in the
 first degree as defined in section 140.17 of the penal law, burglary  in
 the third degree as defined in section 140.20 of the penal law, burglary
 in  the  second  degree  as  defined in section 140.25 of the penal law,
 burglary in the first degree as defined in section 140.30 of  the  penal
 law,  criminal mischief in the third degree as defined in section 145.05
 of the penal law, criminal mischief in the second degree as  defined  in
 section  145.10  of the penal law, criminal mischief in the first degree
 as defined in section 145.12 of the penal law, criminal tampering in the
 first degree as defined in section 145.20 of the penal law, arson in the
 fourth degree as defined in section 150.05 of the penal  law,  arson  in
 the third degree as defined in section 150.10 of the penal law, arson in
 the  second  degree as defined in section 150.15 of the penal law, arson
 in the first degree as defined in section 150.20 of the penal law, grand
 larceny in the fourth degree as defined in section 155.30 of  the  penal
 law,  grand  larceny in the third degree as defined in section 155.35 of
 the penal law, grand larceny in the second degree as defined in  section
 155.40 of the penal law, grand larceny in the first degree as defined in
 section  155.42 of the penal law, health care fraud in the fourth degree
 as defined in section 177.10 of the penal law, health care fraud in  the
 S. 3161                            15
 
 third  degree as defined in section 177.15 of the penal law, health care
 fraud in the second degree as defined in section  177.20  of  the  penal
 law,  health care fraud in the first degree as defined in section 177.25
 of  the  penal  law,  robbery  in the third degree as defined in section
 160.05 of the penal law, robbery in the  second  degree  as  defined  in
 section  160.10 of the penal law, robbery in the first degree as defined
 in section 160.15 of the penal law, unlawful use  of  secret  scientific
 material  as  defined  in  section  165.07  of  the  penal law, criminal
 possession of stolen property in the fourth degree as defined in section
 165.45 of the penal law, criminal possession of stolen property  in  the
 third  degree  as  defined  in section 165.50 of the penal law, criminal
 possession of stolen property in the second degree as defined by section
 165.52 of the penal law, criminal possession of stolen property  in  the
 first  degree  as  defined by section 165.54 of the penal law, trademark
 counterfeiting in the second degree as defined in section 165.72 of  the
 penal  law,  trademark  counterfeiting in the first degree as defined in
 section 165.73 of the penal law, forgery in the second degree as defined
 in section 170.10 of the penal law,  forgery  in  the  first  degree  as
 defined  in  section  170.15  of the penal law, criminal possession of a
 forged instrument in the second degree as defined in section  170.25  of
 the  penal  law, criminal possession of a forged instrument in the first
 degree  as  defined  in  section  170.30  of  the  penal  law,  criminal
 possession  of forgery devices as defined in section 170.40 of the penal
 law, falsifying business records in  the  first  degree  as  defined  in
 section  175.10  of  the penal law, tampering with public records in the
 first degree as defined in section 175.25 of the penal law,  offering  a
 false  instrument  for  filing in the first degree as defined in section
 175.35 of the penal law, issuing  a  false  certificate  as  defined  in
 section  175.40  of  the  penal  law, criminal diversion of prescription
 medications and prescriptions in the second degree as defined in section
 178.20 of the penal law, criminal diversion of prescription  medications
 and  prescriptions  in  the first degree as defined in section 178.25 of
 the penal law, residential  mortgage  fraud  in  the  fourth  degree  as
 defined  in  section 187.10 of the penal law, residential mortgage fraud
 in the third degree as defined in section 187.15 of the penal law, resi-
 dential mortgage fraud in the second degree as defined in section 187.20
 of the penal law, residential mortgage fraud  in  the  first  degree  as
 defined  in section 187.25 of the penal law, escape in the second degree
 as defined in section 205.10 of the  penal  law,  escape  in  the  first
 degree  as  defined  in section 205.15 of the penal law, absconding from
 temporary release in the first degree as defined in  section  205.17  of
 the  penal  law,  promoting  prison  contraband  in  the first degree as
 defined in section 205.25 of the penal law, hindering prosecution in the
 second degree as defined in section 205.60 of the penal  law,  hindering
 prosecution  in  the  first  degree  as defined in section 205.65 of the
 penal law, sex trafficking as defined in section  230.34  of  the  penal
 law,  sex  trafficking  of a child as defined in section 230.34-a of the
 penal law, criminal possession of  a  weapon  in  the  third  degree  as
 defined  in  subdivisions  two,  three and five of section 265.02 of the
 penal law, criminal possession of a  weapon  in  the  second  degree  as
 defined  in  section  265.03  of the penal law, criminal possession of a
 weapon in the first degree as defined in section  265.04  of  the  penal
 law,  manufacture,  transport, disposition and defacement of weapons and
 dangerous instruments and appliances defined as felonies in subdivisions
 one, two, and three of section 265.10 of the penal law, sections 265.11,
 265.12 and 265.13 of the penal law, or  prohibited  use  of  weapons  as
 S. 3161                            16
 
 defined  in subdivision two of section 265.35 of the penal law, relating
 to firearms and other dangerous weapons, criminal manufacture,  sale  or
 transport  of  an  undetectable  firearm, rifle or shotgun as defined in
 section  265.50 of the penal law, or failure to disclose the origin of a
 recording in the first degree as defined in section 275.40 of the  penal
 law;
   § 34. Paragraph (a) of subdivision 2 of section 720.10 of the criminal
 procedure law, as amended by chapter 316 of the laws of 2006, is amended
 to read as follows:
   (a)  the  conviction  to be replaced by a youthful offender finding is
 for (i) a class A-I or class A-II felony, or (ii)  an  armed  felony  as
 defined  in subdivision forty-one of section 1.20, except as provided in
 subdivision three, or (iii) rape in the first degree[,  criminal  sexual
 act in the first degree,] or aggravated sexual abuse, except as provided
 in subdivision three, or
   §  35. Paragraph (a) of subdivision 2 and paragraph (a) of subdivision
 3 of section 168-a of the correction law, paragraph (a) of subdivision 2
 as amended by chapter 405 of the laws of 2008, subparagraph (i) of para-
 graph (a) of subdivision 2 as amended by chapter 189 of the laws of 2018
 and paragraph (a) of subdivision 3 as amended by chapter 107 of the laws
 of 2006, are amended to read as follows:
   (a) (i) a conviction of or a conviction for an attempt to  commit  any
 of  the  provisions of sections 120.70, 130.20, 130.25, 130.30, [130.40,
 130.45,] 130.60, 230.34, 230.34-a 250.50, 255.25, 255.26 and  255.27  or
 article  two  hundred  sixty-three  of the penal law, or section 135.05,
 135.10, 135.20 or 135.25 of such law relating  to  kidnapping  offenses,
 provided  the  victim of such kidnapping or related offense is less than
 seventeen years old and the offender is not the parent of the victim, or
 section 230.04, where the person patronized is in fact less than  seven-
 teen  years  of age, 230.05, 230.06, 230.11, 230.12, 230.13, subdivision
 two of section 230.30, section 230.32, 230.33, or 230.34  of  the  penal
 law,  or section 230.25 of the penal law where the person prostituted is
 in fact less than seventeen years old, or (ii)  a  conviction  of  or  a
 conviction  for  an  attempt  to commit any of the provisions of section
 235.22 of the penal law, or (iii) a conviction of or a conviction for an
 attempt to commit any provisions of the foregoing sections committed  or
 attempted  as a hate crime defined in section 485.05 of the penal law or
 as a crime of terrorism defined in section 490.25 of such law  or  as  a
 sexually motivated felony defined in section 130.91 of such law; or
   (a)  (i)  a conviction of or a conviction for an attempt to commit any
 of the provisions of sections 130.35, [130.50,] 130.65, 130.66,  130.67,
 130.70,  130.75,  130.80,  130.95 and 130.96 of the penal law, or (ii) a
 conviction of or a conviction for  an  attempt  to  commit  any  of  the
 provisions  of sections 130.53, 130.65-a and 130.90 of the penal law, or
 (iii) a conviction of or a conviction  for  an  attempt  to  commit  any
 provisions  of  the  foregoing sections committed or attempted as a hate
 crime defined in section 485.05 of the  penal  law  or  as  a  crime  of
 terrorism defined in section 490.25 of such law; or
   §  36.  Subparagraph (ii) of paragraph (a), subparagraphs (i) and (ii)
 of paragraph (b) and paragraph (e) of subdivision 8 of section 384-b  of
 the social services law, subparagraph (ii) of paragraph (a) and subpara-
 graph  (i)  of  paragraph  (b)  as amended by chapter 430 of the laws of
 2013, subparagraph (ii) of paragraph (b) as amended and paragraph (e) as
 added by chapter 7 of the laws of 1999, are amended to read as follows:
   (ii) the child has been found to be an abused  child,  as  defined  in
 paragraph  (iii) of subdivision (e) of section ten hundred twelve of the
 S. 3161                            17

 family court act, as a result of such parent's acts; provided,  however,
 the  respondent must have committed or knowingly allowed to be committed
 a felony sex offense as defined  in  sections  130.25,  130.30,  130.35,
 [130.40, 130.45, 130.50,] 130.65, 130.67, 130.70, 130.75, 130.80, 130.95
 and  130.96  of  the penal law and, for the purposes of this section the
 corroboration requirements contained in the penal law shall not apply to
 proceedings under this section; or
   (i) the child has been found to be an abused child, (A) as defined  in
 paragraph  (i)  of  subdivision (e) of section ten hundred twelve of the
 family court act, as a result of such parent's acts; or (B)  as  defined
 in  paragraph  (iii) of subdivision (e) of section ten hundred twelve of
 the family court act, as a  result  of  such  parent's  acts;  provided,
 however,  the  respondent must have committed or knowingly allowed to be
 committed a felony sex offense as defined in  sections  130.25,  130.30,
 130.35,  [130.40,  130.45,  130.50,]  130.65,  130.67,  130.70,  130.75,
 130.80, 130.95 and 130.96 of the penal law; and
   (ii) (A) the child or another child for whose care such parent  is  or
 has  been legally responsible has been previously found, within the five
 years immediately preceding the initiation of the  proceeding  in  which
 such  abuse is found, to be an abused child, as defined in paragraph (i)
 or (iii) of subdivision (e) of section ten hundred twelve of the  family
 court  act, as a result of such parent's acts; provided, however, in the
 case of a finding of abuse as defined in paragraph (iii) of  subdivision
 (e) of section ten hundred twelve of the family court act the respondent
 must  have  committed  or knowingly allowed to be committed a felony sex
 offense as defined in sections 130.25, 130.30, 130.35, [130.40,  130.45,
 130.50,]  130.65, 130.67, 130.70, 130.75 and 130.80 of the penal law, or
 (B) the parent has been convicted  of  a  crime  under  section  130.25,
 130.30, 130.35, [130.40, 130.45, 130.50,] 130.65, 130.67, 130.70, 130.75
 or  130.80 of the penal law against the child, a sibling of the child or
 another child for whose care such parent is or has been legally  respon-
 sible,  within the five year period immediately preceding the initiation
 of the proceeding in which abuse is found; and
   (e) A determination by the court in accordance with article ten of the
 family court act based upon clear and convincing evidence that  a  child
 was abused (A) as defined in paragraph (i) of subdivision (e) of section
 ten hundred twelve of the family court act, as a result of such parent's
 acts; or (B) as defined in paragraph (iii) of subdivision (e) of section
 ten hundred twelve of the family court act, as a result of such parent's
 acts; provided, however, the respondent must have committed or knowingly
 allowed  to  be  committed  a  felony sex offense as defined in sections
 130.25,  130.30,  130.35,  [130.40,  130.45,  130.50,]  130.65,  130.67,
 130.70,  130.75  and  130.80  of  the penal law shall establish that the
 child was an abused child for the purpose of a determination as required
 by subparagraph (i) or (ii) of paragraph (b) of this subdivision. Such a
 determination by the court in accordance with article ten of the  family
 court  act based upon a fair preponderance of evidence shall be admissi-
 ble in any proceeding commenced in accordance with this section.
   § 37. Paragraphs (a) and (b) of subdivision 4 of section 509-cc of the
 vehicle and traffic law, paragraph (a) as amended by chapter 189 of  the
 laws  of 2018 and paragraph (b) as amended by chapter 400 of the laws of
 2011, are amended to read as follows:
   (a) The offenses referred to in subparagraph (ii) of paragraph (a)  of
 subdivision  one  and  paragraph  (a) of subdivision two of this section
 that result in permanent disqualification  shall  include  a  conviction
 under  sections  125.12, 125.13, 125.14, 125.15, 125.20, 125.21, 125.22,
 S. 3161                            18
 
 125.25,  125.26,  125.27,  130.30,  130.35,  [130.45,  130.50,]  130.65,
 130.66,  130.67, 130.70, 130.75, 130.80, 130.90, 130.95, 130.96, 135.25,
 150.20,  230.30,  230.32,  230.34,  230.34-a,  235.22,  263.05,  263.10,
 263.11,  263.15,  263.16 of the penal law or an attempt to commit any of
 the aforesaid offenses under section 110.00 of the  penal  law,  or  any
 offenses  committed  under a former section of the penal law which would
 constitute violations of the aforesaid sections of the penal law, or any
 offenses committed outside this state which would constitute  violations
 of the aforesaid sections of the penal law.
   (b)  The offenses referred to in subparagraph (ii) of paragraph (a) of
 subdivision one and paragraph (b) of subdivision  two  of  this  section
 that  result  in  permanent  disqualification shall include a conviction
 under sections 100.13, 105.15, 105.17, 115.08, 120.12,  120.70,  125.10,
 125.11,  [130.40,]  130.53,  130.60,  130.65-a,  135.20, 160.15, 220.18,
 220.21, 220.39, 220.41, 220.43, 220.44, 230.25, 260.00,  265.04  of  the
 penal  law  or  an attempt to commit any of the aforesaid offenses under
 section 110.00 of the penal law,  or  any  offenses  committed  under  a
 former section of the penal law which would constitute violations of the
 aforesaid  sections  of the penal law, or any offenses committed outside
 this state which would constitute violations of the  aforesaid  sections
 of the penal law.
   §  38.  The opening paragraph of subdivision (b) of section 117 of the
 family court act, as amended by chapter 38  of  the  laws  of  2022,  is
 amended to read as follows:
   For  every juvenile delinquency proceeding under article three involv-
 ing an allegation of an act committed by a person which, if done  by  an
 adult,  would  be  a crime (i) defined in sections 125.27 (murder in the
 first degree); 125.25 (murder in the second degree); 135.25  (kidnapping
 in the first degree); or 150.20 (arson in the first degree) of the penal
 law  committed  by  a  person  thirteen,  fourteen, fifteen, sixteen, or
 seventeen years of age; or such conduct committed as  a  sexually  moti-
 vated  felony,  where authorized pursuant to section 130.91 of the penal
 law; (ii) defined in sections 120.10  (assault  in  the  first  degree);
 125.20  (manslaughter  in  the  first degree); 130.35 (rape in the first
 degree); [130.50 (criminal sexual act  in  the  first  degree);]  130.70
 (aggravated sexual abuse in the first degree); 135.20 (kidnapping in the
 second  degree), but only where the abduction involved the use or threat
 of use of deadly physical force; 150.15 (arson in the second degree); or
 160.15 (robbery in the first degree) of the penal  law  committed  by  a
 person  thirteen, fourteen, fifteen, sixteen, or seventeen years of age;
 or such conduct committed as a sexually motivated felony, where  author-
 ized  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, four-
 teen, fifteen, sixteen, or seventeen  years  of  age;  or  such  conduct
 committed  as  a sexually motivated felony, where authorized pursuant to
 section 130.91  of  the  penal  law;  (iv)  defined  in  section  140.30
 (burglary  in  the  first  degree);  subdivision  one  of section 140.25
 (burglary in the second  degree);  subdivision  two  of  section  160.10
 (robbery  in  the  second degree) of the penal law; or section 265.03 of
 the penal law, where such machine gun or such firearm  is  possessed  on
 school  grounds,  as  that  phrase is defined in subdivision fourteen of
 section 220.00 of the penal law committed by a person fourteen, fifteen,
 sixteen, or seventeen years of age; or such conduct committed as a sexu-
 ally motivated felony, where authorized pursuant to  section  130.91  of
 the  penal  law;  (v)  defined  in section 120.05 (assault in the second
 S. 3161                            19
 
 degree) or 160.10 (robbery in  the  second  degree)  of  the  penal  law
 committed  by a person fourteen, fifteen, sixteen, or seventeen years of
 age but only where there has been a prior finding by a court  that  such
 person  has previously committed an act which, if committed by an adult,
 would be the crime of assault in  the  second  degree,  robbery  in  the
 second degree or any designated felony act specified in clause (i), (ii)
 or (iii) of this subdivision regardless of the age of such person at the
 time  of the commission of the prior act; or (vi) other than a misdemea-
 nor, committed by a person at least twelve but less than eighteen  years
 of  age,  but only where there have been two prior findings by the court
 that such person has committed a prior act which,  if  committed  by  an
 adult, would be a felony:
   §  39.  Subdivision  4  of  section  308.1 of the family court act, as
 amended by chapter 264 of the laws  of  2003,  is  amended  to  read  as
 follows:
   4.  The  probation  service shall not adjust a case in which the child
 has allegedly committed a delinquent act which would be a crime  defined
 in section 120.25, (reckless endangerment in the first degree), subdivi-
 sion one of section 125.15, (manslaughter in the second degree), [subdi-
 vision]  SUBDIVISIONS one, TWO AND THREE of section 130.25, (rape in the
 third degree), [subdivision one of section 130.40, (criminal sexual  act
 in the third degree),] subdivision one or two of section 130.65, (sexual
 abuse  in  the  first  degree),  section  135.65, (coercion in the first
 degree), section 140.20, (burglary in the third degree), section 150.10,
 (arson in the third degree),  section  160.05,  (robbery  in  the  third
 degree),  subdivision  two,  three  or four of section 265.02, (criminal
 possession of a weapon in the third degree), section  265.03,  (criminal
 possession of a weapon in the second degree), or section 265.04, (crimi-
 nal  possession  of a dangerous weapon in the first degree) of the penal
 law where the child has previously had one or more adjustments of a case
 in which such child allegedly committed an act which would  be  a  crime
 specified  in  this  subdivision unless it has received written approval
 from the court and the appropriate presentment agency.
   § 40. Subdivision (c) of section 1052 of  the  family  court  act,  as
 added by chapter 739 of the laws of 1981, is amended to read as follows:
   (c)  Prior to granting an order of disposition pursuant to subdivision
 (a) of this section following an adjudication of child abuse, as defined
 in paragraph (i) of subdivision (e) of section  ten  hundred  twelve  of
 this  act  or  a  finding of a felony sex offense as defined in sections
 130.25, 130.30, 130.35, [130.40, 130.45, 130.50,] 130.65 and  130.70  of
 the penal law, the court shall advise the respondent that any subsequent
 adjudication  of child abuse, as defined in paragraph (i) of subdivision
 (e) of section one thousand twelve of this act or any subsequent finding
 of a felony sex offense as defined in those sections of  the  penal  law
 herein  enumerated,  arising out of acts of the respondent may result in
 the commitment of the guardianship and custody of the child  or  another
 child  pursuant  to  section  three  hundred eighty-four-b of the social
 services law. The order in such cases shall contain a statement that any
 subsequent adjudication of child  abuse  or  finding  of  a  felony  sex
 offense  as described herein may result in the commitment of the guardi-
 anship and custody of the child, or another child  pursuant  to  section
 three hundred eighty-four-b of the social services law.
   §  41. Subdivision 2 of section 64 of the civil rights law, as amended
 by chapter 163 of the laws of 2022, 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
 S. 3161                            20
 
 a  felony  defined in article one hundred twenty-five of such law or any
 of the  following  provisions  of  such  law  sections  130.25,  130.30,
 [130.40,  130.45,]  255.25,  255.26,  255.27, article two hundred sixty-
 three, 135.10, 135.25, 230.05, 230.06, subdivision two of section 230.30
 or  230.32,  the  clerk of the court in which the order has been entered
 shall deliver, by first class mail, a copy of such  certified  order  to
 the division of criminal justice services at its office in the county of
 Albany and (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 certified 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 applicable 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 proceeding.
   § 42. Section 213-c of the civil practice law and rules, as amended by
 chapter 315 of the laws of 2019, is amended to read as follows:
   §  213-c.  Action  by  victim  of  conduct constituting certain sexual
 offenses. Notwithstanding any other limitation set forth in  this  arti-
 cle,  except as provided in subdivision (b) of section two hundred eight
 of this article, all civil claims or causes of  action  brought  by  any
 person for physical, psychological or other injury or condition suffered
 by such person as a result of conduct which would constitute rape in the
 first  degree  as defined in section 130.35 of the penal law, or rape in
 the second degree as defined in subdivision two of section 130.30 of the
 penal law, or rape in the third degree as defined in subdivision one  or
 three of section 130.25 of the penal law, [or criminal sexual act in the
 first  degree as defined in section 130.50 of the penal law, or criminal
 sexual act in the second degree as defined in subdivision two of section
 130.45 of the penal law, or criminal sexual act in the third  degree  as
 defined in subdivision one or three of section 130.40 of the penal law,]
 or  incest in the first degree as defined in section 255.27 of the penal
 law, or incest in the second degree as defined in section 255.26 of  the
 penal  law  (where  the  crime committed is rape in the second degree as
 defined in subdivision two of section 130.30 of the penal law [or crimi-
 nal sexual act in the second degree as defined  in  subdivision  two  of
 section  130.45]),  or  aggravated  sexual  abuse in the first degree as
 defined in section 130.70 of the penal law, or course of sexual  conduct
 against  a child in the first degree as defined in section 130.75 of the
 penal law may be brought against any party whose intentional  or  negli-
 gent acts or omissions are alleged to have resulted in the commission of
 the  said conduct, within twenty years. Nothing in this section shall be
 construed to require that a criminal charge be  brought  or  a  criminal
 conviction  be  obtained  as  a  condition  of bringing a civil cause of
 action or receiving a civil judgment pursuant  to  this  section  or  be
 construed to require that any of the rules governing a criminal proceed-
 ing be applicable to any such civil action.
   § 43. Paragraph (b) of subdivision 8 of section 215 of the civil prac-
 tice  law  and  rules,  as  added  by  chapter 3 of the laws of 2006, is
 amended to read as follows:
   (b) Whenever it is shown that  a  criminal  action  against  the  same
 defendant  has  been  commenced  with respect to the event or occurrence
 S. 3161                            21
 
 from which a claim governed by this section arises,  and  such  criminal
 action  is  for rape in the first degree as defined in section 130.35 of
 the penal law, [or criminal sexual act in the first degree as defined in
 section  130.50  of  the  penal  law,] or aggravated sexual abuse in the
 first degree as defined in section 130.70 of the penal law, or course of
 sexual conduct against a child in the first degree as defined in section
 130.75 of the penal law, the plaintiff shall have at  least  five  years
 from  the  termination of the criminal action as defined in section 1.20
 of the criminal procedure law in which to  commence  the  civil  action,
 notwithstanding  that  the  time  in  which  to commence such action has
 already expired or has less than a year remaining.
   § 44. Subdivision 11 of section 123 of  the  agriculture  and  markets
 law,  as amended by chapter 392 of the laws of 2004, and such section as
 renumbered by section 18 of part T of chapter 59 of the laws of 2010, is
 amended to read as follows:
   11. The owner shall not be liable pursuant to subdivision six,  seven,
 eight,  nine  or ten of this section if the dog was coming to the aid or
 defense of a person during the commission or attempted commission  of  a
 murder, robbery, burglary, arson, rape in the first degree as defined in
 PARAGRAPH  (A)  OR  (B) OF subdivision one [or], PARAGRAPH (A) OR (B) OF
 SUBDIVISION two OR PARAGRAPH (A) OR (B) OF SUBDIVISION THREE of  section
 130.35  of  the  penal  law[, criminal sexual act in the first degree as
 defined in subdivision one or two of section 130.50 of the penal law] or
 kidnapping within the dwelling or upon the real property of the owner of
 the dog and the dog injured or killed the person committing such  crimi-
 nal activity.
   §  45.  Section 4 of the judiciary law, as amended by chapter 1 of the
 laws of 2019, is amended to read as follows:
   § 4. Sittings of courts to be public.  The  sittings  of  every  court
 within  this  state shall be public, and every citizen may freely attend
 the same, except that  in  all  proceedings  and  trials  in  cases  for
 divorce,  seduction, rape, assault with intent to commit rape, [criminal
 sexual act,] bastardy or filiation, the court may,  in  its  discretion,
 exclude  therefrom  all persons who are not directly interested therein,
 excepting jurors, witnesses, and officers of the court.
   § 46. Subdivision 2 of section 120.60 of the penal law, as amended  by
 chapter 434 of the laws of 2000, is amended to read as follows:
   2. commits a class A misdemeanor defined in article one hundred thirty
 of this chapter, or a class E felony defined in section 130.25, [130.40]
 or 130.85 of this chapter, or a class D felony defined in section 130.30
 [or 130.45] of this chapter.
   §  47.  Subdivision 1 of section 210.16 of the criminal procedure law,
 as added by chapter 571 of the laws of  2007,  is  amended  to  read  as
 follows:
   1.  (a)  In a case where an indictment or a superior court information
 has been filed with a superior court which charges the defendant with  a
 felony  offense  enumerated in any section of article one hundred thirty
 of the penal law where an act of "[sexual  intercourse]  VAGINAL  SEXUAL
 CONTACT",  "oral  sexual  [conduct]  CONTACT"  or "anal sexual [conduct]
 CONTACT," as those terms are defined in section 130.00 of the penal law,
 is required as an essential element  for  the  commission  thereof,  the
 court  shall, upon a request of the victim within six months of the date
 of the crimes charged, order that the defendant submit to human  immuno-
 deficiency  virus (HIV) related testing. Testing of a defendant shall be
 ordered when the result would provide medical benefit to the victim or a
 psychological benefit to the victim. Medical benefit shall be found when
 S. 3161                            22
 
 the following elements are satisfied: (i) a decision  is  pending  about
 beginning,  continuing,  or discontinuing a medical intervention for the
 victim; and (ii) the result of an HIV test of the accused  could  affect
 that  decision, and could provide relevant information beyond that which
 would be provided by an HIV test of the victim. If testing the defendant
 would provide medical benefit to the victim or a  psychological  benefit
 to  the  victim, then the testing is to be conducted by a state, county,
 or local public health officer designated by the  order.  Test  results,
 which  shall not be disclosed to the court, shall be communicated to the
 defendant and the victim named in  the  order  in  accordance  with  the
 provisions  of  section twenty-seven hundred eighty-five-a of the public
 health law.
   (b) For the purposes of this section, the terms "victim"  and  "appli-
 cant" mean the person with whom the defendant is charged to have engaged
 in an act of "[sexual intercourse] VAGINAL SEXUAL CONTACT", "oral sexual
 [conduct]  CONTACT"  or  "anal sexual [conduct] CONTACT", as those terms
 are defined in section 130.00 of the penal law, where such conduct  with
 such  victim  was  the  basis for charging the defendant with an offense
 specified in paragraph (a) of this subdivision.
   § 48. Subdivision 1 of section 390.15 of the criminal  procedure  law,
 as  amended  by  chapter  264 of the laws of 2003, is amended to read as
 follows:
   1. (a) In any case where  the  defendant  is  convicted  of  a  felony
 offense  enumerated  in any section of article one hundred thirty of the
 penal law, or any subdivision of section 130.20 of such  law,  where  an
 act  of  "[sexual  intercourse]  VAGINAL  SEXUAL  CONTACT", "oral sexual
 [conduct] CONTACT" or "anal sexual [conduct] CONTACT,"  as  those  terms
 are defined in section 130.00 of the penal law, is required as an essen-
 tial  element for the commission thereof, the court must, upon a request
 of the victim, order that the defendant submit to human immunodeficiency
 (HIV) related testing. The testing is to be conducted by a state,  coun-
 ty,  or  local  public  health  officer  designated  by  the order. Test
 results, which shall not be disclosed to the court,  shall  be  communi-
 cated  to  the defendant and the victim named in the order in accordance
 with the provisions of section twenty-seven hundred eighty-five-a of the
 public health law, but such results and disclosure need not be completed
 prior to the imposition of sentence.
   (b)  For  the  purposes  of  this  section,  the  terms   "defendant",
 "conviction" and "sentence" mean and include, respectively, an "eligible
 youth," a "youthful offender finding" and a "youthful offender sentence"
 as  those  terms are defined in section 720.10 of this chapter. The term
 "victim" means the person with whom the defendant engaged in an  act  of
 "[sexual  intercourse]  VAGINAL  SEXUAL CONTACT", "oral sexual [conduct]
 CONTACT" or "anal sexual [conduct] CONTACT", as those terms are  defined
 in  section 130.00 of the penal law, where such conduct with such victim
 was the basis for the defendant's conviction of an offense specified  in
 paragraph (a) of this subdivision.
   §  49.  Subdivision  1  of  section  347.1 of the family court act, as
 amended by chapter 264 of the laws  of  2003,  is  amended  to  read  as
 follows:
   1.  (a)  In  any  proceeding where the respondent is found pursuant to
 section 345.1 or 346.1 of this  article,  to  have  committed  a  felony
 offense  enumerated  in any section of article one hundred thirty of the
 penal law, or any subdivision of section 130.20 of such law,  for  which
 an  act  of  "[sexual intercourse] VAGINAL SEXUAL CONTACT", "oral sexual
 [conduct] CONTACT" or "anal sexual [conduct] CONTACT",  as  those  terms
 S. 3161                            23
 
 are defined in section 130.00 of the penal law, is required as an essen-
 tial  element for the commission thereof, the court must, upon a request
 of the victim, order that the respondent submit to human immunodeficien-
 cy  (HIV)  related  testing.  The testing is to be conducted by a state,
 county, or local public health officer designated  by  the  order.  Test
 results,  which  shall  not be disclosed to the court, shall be communi-
 cated to the respondent and the victim named in the order in  accordance
 with the provisions of section twenty-seven hundred eighty-five-a of the
 public health law.
   (b)  For  the  purposes  of  this section, the term "victim" means the
 person with whom the respondent engaged in an  act  of  "[sexual  inter-
 course]  VAGINAL  SEXUAL  CONTACT",  "oral  sexual [conduct] CONTACT" or
 "anal sexual [conduct] CONTACT", as those terms are defined  in  section
 130.00  of  the  penal  law, where such conduct with such victim was the
 basis for the court's finding that the respondent committed acts consti-
 tuting one or more of the offenses specified in paragraph  (a)  of  this
 subdivision.
   §  50.  Subdivision (a) of section 130.16 of the penal law, as amended
 by chapter 264 of the laws of 2003, is amended to read as follows:
   (a) Establish that an attempt was made to engage the victim in [sexual
 intercourse] VAGINAL SEXUAL CONTACT, oral sexual [conduct] CONTACT, anal
 sexual [conduct] CONTACT, or sexual contact, as the case may be, at  the
 time of the occurrence; and
   §  51. Section 130.20 of the penal law, as amended by chapter 1 of the
 laws of 2000, subdivision 2 as amended by chapter 264  of  the  laws  of
 2003, is amended to read as follows:
 § 130.20 Sexual misconduct.
   A person is guilty of sexual misconduct when:
   1.  He  or  she engages in [sexual intercourse] VAGINAL SEXUAL CONTACT
 with another person without such person's consent; or
   2. He or she engages in oral sexual [conduct or anal  sexual  conduct]
 CONTACT with another person without such person's consent; or
   3.  HE OR SHE ENGAGES IN ANAL SEXUAL CONTACT WITH ANOTHER PERSON WITH-
 OUT SUCH PERSON'S CONSENT; OR
   4.  He or she engages in sexual conduct with an animal or a dead human
 body.
   Sexual misconduct is a class A misdemeanor.
   § 52. Paragraphs (a) and (b) of subdivision 1 of section 130.75 of the
 penal law, as amended by chapter 264 of the laws of 2003, are amended to
 read as follows:
   (a) he or she engages in two or more acts  of  sexual  conduct,  which
 includes  at  least  one  act  of  [sexual  intercourse]  VAGINAL SEXUAL
 CONTACT, oral sexual [conduct] CONTACT, anal sexual [conduct] CONTACT or
 aggravated sexual contact, with a child less than eleven years old; or
   (b) he or she, being eighteen years old or more,  engages  in  two  or
 more  acts  of sexual conduct, which include at least one act of [sexual
 intercourse] VAGINAL SEXUAL CONTACT, oral sexual [conduct] CONTACT, anal
 sexual [conduct] CONTACT or aggravated sexual contact, with a child less
 than thirteen years old.
   § 53. Subdivision 1 of section 235.00 of the penal law, as amended  by
 chapter 264 of the laws of 2003, is amended to read as follows:
   1.  "Obscene."  Any  material  or  performance is "obscene" if (a) the
 average person, applying contemporary community  standards,  would  find
 that  considered  as  a whole, its predominant appeal is to the prurient
 interest in sex, and (b) it depicts or describes in a patently offensive
 manner,  actual  or  simulated:  [sexual  intercourse]  VAGINAL   SEXUAL
 S. 3161                            24
 
 CONTACT, [criminal sexual act] ORAL SEXUAL CONTACT, ANAL SEXUAL CONTACT,
 sexual  bestiality,  masturbation,  sadism, masochism, excretion or lewd
 exhibition of the genitals, and (c) considered  as  a  whole,  it  lacks
 serious literary, artistic, political, and scientific value. Predominant
 appeal  shall  be  judged  with  reference  to ordinary adults unless it
 appears from the character of the material or the circumstances  of  its
 dissemination to be designed for children or other [specially] ESPECIAL-
 LY susceptible audience.
   §  54. Subdivision 2 of section 235.22 of the penal law, as amended by
 chapter 264 of the laws of 2003, is amended to read as follows:
   2. by means of such communication he importunes, invites or induces  a
 minor  to  engage  in  [sexual intercourse] VAGINAL SEXUAL CONTACT, oral
 sexual [conduct] CONTACT or anal sexual  [conduct]  CONTACT,  or  sexual
 contact  with  him, or to engage in a sexual performance, obscene sexual
 performance, or sexual conduct for his benefit.
   § 55. Section 255.25 of the penal law, as amended by  chapter  320  of
 the laws of 2006, is amended to read as follows:
 § 255.25 Incest in the third degree.
   A  person  is  guilty  of  incest  in  the third degree when he or she
 marries or engages in [sexual intercourse] VAGINAL SEXUAL CONTACT,  oral
 sexual  [conduct] CONTACT or anal sexual [conduct] CONTACT with a person
 whom he or she knows to be  related  to  him  or  her,  whether  through
 marriage or not, as an ancestor, descendant, brother or sister of either
 the whole or the half blood, uncle, aunt, nephew or niece.
   Incest in the third degree is a class E felony.
   §  56. Subdivision 3 of section 263.00 of the penal law, as amended by
 chapter 264 of the laws of 2003, is amended to read as follows:
   3. "Sexual conduct" means actual  or  simulated  [sexual  intercourse]
 VAGINAL  SEXUAL  CONTACT,  oral  sexual  [conduct]  CONTACT, anal sexual
 [conduct]CONTACT,  sexual  bestiality,  masturbation,   sado-masochistic
 abuse, or lewd exhibition of the genitals.
   § 57. Subdivision 3 of section 60.42 of the criminal procedure law, as
 amended  by  section  1  of part R of chapter 55 of the laws of 2019, is
 amended to read as follows:
   3. rebuts evidence introduced by the people of the victim's failure to
 engage in [sexual  intercourse]  VAGINAL  SEXUAL  CONTACT,  oral  sexual
 [conduct]  CONTACT,  anal  sexual  [conduct]  CONTACT  or sexual contact
 during a given period of time; or
   § 58. Subdivision 3 of section 344.4  of  the  family  court  act,  as
 amended  by  chapter  264  of  the  laws  of 2003, is amended to read as
 follows:
   3. rebuts  evidence  introduced  by  the  presentment  agency  of  the
 victim's  failure  to  engage  in  [sexual  intercourse]  VAGINAL SEXUAL
 CONTACT, oral sexual [conduct] CONTACT, anal sexual [conduct] CONTACT or
 sexual contact during a given period of time; or
   § 59. Subdivision 4 of section 170 of the domestic relations  law,  as
 amended  by  chapter  264  of  the  laws  of 2003, is amended to read as
 follows:
   (4) The commission of an act of adultery, provided that  adultery  for
 the  purposes  of articles ten, eleven, and eleven-A of this chapter, is
 hereby defined as the commission of an act of [sexual intercourse] VAGI-
 NAL SEXUAL  CONTACT,  oral  sexual  [conduct]  CONTACT  or  anal  sexual
 [conduct] CONTACT, voluntarily performed by the defendant, with a person
 other  than the plaintiff after the marriage of plaintiff and defendant.
 Oral sexual [conduct] CONTACT and anal sexual [conduct] CONTACT include,
 but are not limited to, sexual conduct as defined in subdivision two  of
 S. 3161                            25
 
 section  130.00  and  subdivision  [three] FOUR of section 130.20 of the
 penal law.
   § 60.  The first undesignated paragraph of section 135.61 of the penal
 law, as added by section 2 of part NN of chapter 55 of the laws of 2018,
 is amended to read as follows:
   A  person  is  guilty  of coercion in the second degree when he or she
 commits the crime of coercion in the third degree as defined in  section
 135.60 of this article and thereby compels or induces a person to engage
 in  [sexual  intercourse]  VAGINAL SEXUAL CONTACT, oral sexual [conduct]
 CONTACT or anal sexual [conduct] CONTACT as such terms  are  defined  in
 section [130 of the penal law] 130.00 OF THIS TITLE.
   §  61. The first undesignated paragraph of section 230.11 of the penal
 law, as added by chapter 368 of the laws of 2015, is amended to read  as
 follows:
   A  person is guilty of aggravated patronizing a minor for prostitution
 in the third degree when, being twenty-one years old or more, he or  she
 patronizes  a  person for prostitution and the person patronized is less
 than seventeen years old and the person guilty of patronizing engages in
 [sexual intercourse]  VAGINAL  SEXUAL  CONTACT,  oral  sexual  [conduct]
 CONTACT,  anal  sexual [conduct] CONTACT, or aggravated sexual [conduct]
 CONTACT as those terms are defined in section 130.00 of this part,  with
 the person patronized.
   §  62. The first undesignated paragraph of section 230.12 of the penal
 law, as added by chapter 368 of the laws of 2015, is amended to read  as
 follows:
   A  person is guilty of aggravated patronizing a minor for prostitution
 in the second degree when, being eighteen years old or more, he  or  she
 patronizes  a  person for prostitution and the person patronized is less
 than fifteen years old and the person guilty of patronizing  engages  in
 [sexual  intercourse]  VAGINAL  SEXUAL  CONTACT,  oral  sexual [conduct]
 CONTACT, anal sexual [conduct] CONTACT, or aggravated  sexual  [conduct]
 CONTACT  as those terms are defined in section 130.00 of this part, with
 the person patronized.
   § 63. The first undesignated paragraph of section 230.13 of the  penal
 law, as added by chapter 368 of  the laws of 2015, is amended to read as
 follows:
   A  person is guilty of aggravated patronizing a minor for prostitution
 in the first degree when he or she patronizes a person for  prostitution
 and  the person patronized is less than eleven years old, or being eigh-
 teen years old or more, he or she patronizes a person  for  prostitution
 and  the  person  patronized  is  less  than thirteen years old, and the
 person guilty of patronizing engages  in  [sexual  intercourse]  VAGINAL
 SEXUAL  CONTACT,  oral  sexual  [conduct] CONTACT, anal sexual [conduct]
 CONTACT, or aggravated sexual  [conduct]  CONTACT  as  those  terms  are
 defined in section 130.00 of this part, with the person patronized.
   §  64.  Subdivision 4 of section 200 of the domestic relations law, as
 amended by chapter 264 of the laws  of  2003,  is  amended  to  read  as
 follows:
   4. The commission of an act of adultery by the defendant; except where
 such  offense  is committed by the procurement or with the connivance of
 the plaintiff or where there is voluntary cohabitation  of  the  parties
 with  the  knowledge  of  the  offense or where action was not commenced
 within five years after the discovery by the plaintiff  of  the  offense
 charged  or  where  the plaintiff has also been guilty of adultery under
 such circumstances that the defendant would have been entitled, if inno-
 cent, to a divorce, provided that adultery  for  the  purposes  of  this
 S. 3161                            26
 
 subdivision  is  hereby  defined  as the commission of an act of [sexual
 intercourse] VAGINAL SEXUAL CONTACT, oral sexual  [conduct]  CONTACT  or
 anal  sexual  [conduct] CONTACT, voluntarily performed by the defendant,
 with  a  person other than the plaintiff after the marriage of plaintiff
 and defendant. Oral sexual [conduct] CONTACT and anal  sexual  [conduct]
 CONTACT  include,  but  are not limited to, sexual conduct as defined in
 subdivision two of  section  130.00  and  subdivision  [three]  FOUR  of
 section 130.20 of the penal law.
   §  65. As it pertains to the repealed sections of law, nothing in this
 act shall affect a requirement to register pursuant to  article  6-C  of
 the  correction law; a lawfully required disclosure of a conviction; any
 restriction or prohibition for certain types of employment, housing,  or
 government  benefit; or any other ongoing matter related to a conviction
 of the sections repealed in this act.
   § 66. This act shall take effect January 1, 2024 and  shall  apply  to
 any offense on or after such effective date.