S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6399
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 4, 2025
                                ___________
 
 Introduced  by  M.  of  A. MORINELLO, DeSTEFANO, HAWLEY -- read once and
   referred to the Committee on Codes
 
 AN ACT to amend the penal law, the  agriculture  and  markets  law,  the
   criminal procedure law, the civil practice law and rules, the domestic
   relations  law, the education law, the executive law, the family court
   act, the general business law, the judiciary law, the labor  law,  the
   public health law, the social services law and the administrative code
   of  the  city of New York, in relation to replacing the word rape with
   the term sexual battery
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 130.25 of the penal law, as amended by chapter 777
 of the laws of 2023, is amended to read as follows:
 § 130.25 [Rape] SEXUAL BATTERY in the third degree.
   A person is guilty of [rape] SEXUAL BATTERY in the third degree when:
   1. [He or she] SUCH PERSON engages  in  vaginal  sexual  contact  with
 another  person  who  is  incapable  of consent by reason of some factor
 other than being less than seventeen years old;
   2. [He or she] SUCH PERSON 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] SUCH PERSON 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] SUCH PERSON engages
 in vaginal sexual contact with another person less than seventeen  years
 old;
   5. Being twenty-one years old or more, [he or she] SUCH PERSON engages
 in  oral  sexual  contact  with another person less than seventeen years
 old;
   6. Being twenty-one years old or more, [he or she] SUCH PERSON engages
 in anal sexual contact with another person  less  than  seventeen  years
 old;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD09192-01-5
 A. 6399                             2
 
   7.  [He  or  she]  SUCH  PERSON engages in 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] SUCH PERSON engages in oral 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; or
   9. [He or she] SUCH PERSON engages in anal sexual contact with another
 person without such person's consent where such lack of  consent  is  by
 reason of some factor other than the incapacity to consent.
   [Rape] SEXUAL BATTERY in the third degree is a class E felony.
   § 2. Section 130.30 of the penal law, as amended by chapter 777 of the
 laws of 2023, is amended to read as follows:
 § 130.30 [Rape] SEXUAL BATTERY in the second degree.
   A person is guilty of [rape] SEXUAL BATTERY in the second degree when:
   1.  being  eighteen years old or more, [he or she] SUCH PERSON engages
 in vaginal sexual contact with another person less  than  fifteen  years
 old;
   2.  being  eighteen years old or more, [he or she] SUCH PERSON engages
 in oral sexual contact with another person less than fifteen years old;
   3. being eighteen years old or more, [he or she] SUCH  PERSON  engages
 in anal sexual contact with another person less than fifteen years old;
   4.  [he  or  she]  SUCH  PERSON engages in vaginal sexual contact with
 another person who is incapable of consent by reason of  being  mentally
 disabled or mentally incapacitated;
   5. [he or she] SUCH PERSON 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] SUCH PERSON 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] SEXUAL
 BATTERY in the second degree as defined in  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] SEXUAL BATTERY in the second degree is a class D felony.
   § 3. Section 130.35 of the penal law, as amended by chapter 777 of the
 laws of 2023, is amended to read as follows:
 § 130.35 [Rape] SEXUAL BATTERY in the first degree.
   A person is guilty of [rape] SEXUAL BATTERY in the first degree when:
   1. [he or she] SUCH PERSON engages  in  vaginal  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;
   2. [he or she] SUCH PERSON 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
 A. 6399                             3
 
   3. [he or she] SUCH PERSON 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] SEXUAL BATTERY in the first degree is a class B felony.
   §  4. Paragraph 2 of subdivision 18 of section 10.00 of the penal law,
 as amended by chapter 23 of the laws of 2024,  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); 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]
 SEXUAL  BATTERY in the first degree); former subdivisions one and two of
 section 130.35 [(rape in the first degree)]; subdivisions one and two of
 the former section 130.50; 130.70 (aggravated sexual abuse in the  first
 degree);  140.30  (burglary  in  the  first  degree); subdivision one of
 section 140.25 (burglary in the second degree);  150.15  (arson  in  the
 second degree); 160.15 (robbery in the first degree); subdivision two of
 section  160.10  (robbery  in  the  second  degree)  of this chapter; or
 section 265.03 of this chapter, where such machine gun or  such  firearm
 is possessed on school grounds, as that phrase is defined in subdivision
 fourteen  of  section 220.00 of this chapter; or defined in this chapter
 as an attempt to commit murder in the second degree or kidnapping in the
 first degree, or such conduct as  a  sexually  motivated  felony,  where
 authorized pursuant to section 130.91 of this chapter.
   §  5.  Subdivision  2 of section 30.00 of the penal law, as amended by
 chapter 23 of the laws of 2024, is amended to read as follows:
   2. A person thirteen, fourteen or, fifteen years of age is  criminally
 responsible for acts constituting murder in the second degree as defined
 in  subdivisions  one and two of section 125.25 and in subdivision three
 of such section provided that the underlying crime for the murder charge
 is one for which such person  is  criminally  responsible  or  for  such
 conduct  as  a  sexually  motivated felony, where authorized pursuant to
 section 130.91 of this chapter; and a person fourteen or, fifteen  years
 of  age  is  criminally  responsible  for  acts  constituting the crimes
 defined in section 135.25  (kidnapping  in  the  first  degree);  150.20
 (arson  in the first degree); subdivisions one and two of section 120.10
 (assault in  the  first  degree);  125.20  (manslaughter  in  the  first
 degree);  paragraphs  (a) and (b) of subdivision one, paragraphs (a) and
 (b) of subdivision two and paragraphs (a) and (b) of  subdivision  three
 of  section  130.35  ([rape] SEXUAL BATTERY in the first degree); former
 subdivisions one and two of section 130.35 [(rape in the first degree)];
 subdivisions one and two of former section  130.50;  130.70  (aggravated
 sexual  abuse  in  the  first  degree);  140.30  (burglary  in the first
 degree); subdivision one of  section  140.25  (burglary  in  the  second
 degree);  150.15  (arson  in  the second degree); 160.15 (robbery in the
 A. 6399                             4
 
 first degree); subdivision two of section 160.10 (robbery in the  second
 degree)  of  this chapter; or section 265.03 of this chapter, where such
 machine gun or such firearm is possessed  on  school  grounds,  as  that
 phrase  is  defined  in  subdivision  fourteen of section 220.00 of this
 chapter; or defined in this chapter as an attempt to  commit  murder  in
 the second degree or kidnapping in the first degree, or for such conduct
 as  a  sexually  motivated  felony, where authorized pursuant to section
 130.91 of this chapter.
   § 6. Paragraph (b) of subdivision 2 of section 35.15 of the penal law,
 as amended by chapter 23 of the laws of 2024,  is  amended  to  read  as
 follows:
   (b) [He or she] SUCH PERSON reasonably believes that such other person
 is  committing  or  attempting  to  commit a kidnapping, forcible [rape]
 SEXUAL BATTERY, forcible  aggravated  sexual  abuse,  a  crime  formerly
 defined in section 130.50 of this chapter by force, or robbery; or
   § 7. Paragraph (b) of subdivision 4 of section 35.30 of the penal law,
 as  amended  by  chapter  264 of the laws of 2003, is amended to read as
 follows:
   (b)  Effect  the  arrest  of  a  person  who  has  committed   murder,
 manslaughter  in  the  first  degree,  robbery,  forcible  [rape] SEXUAL
 BATTERY or forcible criminal sexual act and who is in  immediate  flight
 therefrom.
   §  8.  Paragraphs (a) and (c) of subdivision 1 of section 70.02 of the
 penal law, as amended by chapter 23 of the laws of 2024, are amended  to
 read as follows:
   (a)  Class  B  violent felony offenses: an attempt to commit the class
 A-I felonies of murder in  the  second  degree  as  defined  in  section
 125.25, kidnapping in the first degree as defined in section 135.25, and
 arson  in the first degree as defined in section 150.20; manslaughter in
 the first degree as defined in section 125.20,  aggravated  manslaughter
 in  the first degree as defined in section 125.22, [rape] SEXUAL BATTERY
 in the first degree as defined  in  section  130.35,  a  crime  formerly
 defined  in  section 130.50, aggravated sexual abuse in the first degree
 as defined in section 130.70, course of sexual conduct against  a  child
 in  the  first degree as defined in section 130.75, assault in the first
 degree as defined in section 120.10, kidnapping in the second degree  as
 defined  in  section  135.20, burglary in the first degree as defined in
 section 140.30, arson in the second degree as defined in section 150.15,
 robbery in the first degree as defined in section 160.15, sex  traffick-
 ing  as defined in paragraphs (a) and (b) of subdivision five of section
 230.34, sex trafficking of a  child  as  defined  in  section  230.34-a,
 incest  in  the  first  degree  as  defined  in section 255.27, criminal
 possession of a weapon in the first degree as defined in section 265.04,
 criminal use of a firearm in the first  degree  as  defined  in  section
 265.09,  criminal  sale  of  a firearm in the first degree as defined in
 section 265.13, aggravated assault upon a  police  officer  or  a  peace
 officer  as  defined in section 120.11, gang assault in the first degree
 as defined in section 120.07, intimidating a victim or  witness  in  the
 first  degree  as  defined  in  section 215.17, hindering prosecution of
 terrorism in the first degree as defined  in  section  490.35,  criminal
 possession  of  a  chemical  weapon  or  biological weapon in the second
 degree as defined in section 490.40, and  criminal  use  of  a  chemical
 weapon  or  biological  weapon in the third degree as defined in section
 490.47.
   (c) Class D violent felony offenses: an attempt to commit any  of  the
 class C felonies set forth in paragraph (b); reckless assault of a child
 A. 6399                             5
 
 as defined in section 120.02, assault in the second degree as defined in
 section 120.05, menacing a police officer or peace officer as defined in
 section  120.18, stalking in the first degree, as defined in subdivision
 one  of section 120.60, strangulation in the second degree as defined in
 section 121.12, [rape] SEXUAL BATTERY in the second degree as defined in
 section 130.30, a crime formerly 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,  aggra-
 vated  unpermitted  use  of  indoor  pyrotechnics in the first degree as
 defined in section 405.18, and criminal manufacture, sale, or  transport
 of  an  undetectable  firearm,  rifle  or  shotgun as defined in section
 265.50.
   § 9. The opening paragraph of  subdivision  3  and  subdivision  5  of
 section 125.25 of the penal law, as amended by chapter 23 of the laws of
 2024, are amended to read as follows:
   Acting  either  alone  or  with  one  or more other persons, [he] SUCH
 PERSON commits or attempts  to  commit  robbery,  burglary,  kidnapping,
 arson,  [rape]  SEXUAL  BATTERY  in  the  first degree, a crime formerly
 defined in section 130.50 of this title, the crime of  sexual  abuse  in
 the  first  degree, aggravated sexual abuse, escape in the first degree,
 or escape in the second degree, and, in the course of and in furtherance
 of such crime or of immediate flight therefrom,  [he]  SUCH  PERSON,  or
 another participant, if there be any, causes the death of a person other
 than  one of the participants; except that in any prosecution under this
 subdivision, in which the defendant was not the only participant in  the
 underlying crime, it is an affirmative defense that the defendant:
   5. Being eighteen years old or more, while in the course of committing
 [rape]  SEXUAL  BATTERY  in  the  first, second or third degree, a crime
 formerly defined in section 130.50, 130.45 or 130.40 of this title,  the
 crime  of  sexual  abuse in the first degree, aggravated sexual abuse in
 the first, second, third or fourth  degree,  or  incest  in  the  first,
 second  or  third degree, against a person less than fourteen years old,
 [he or she] SUCH PERSON intentionally causes the death of such person.
   § 10. Subparagraph (vii) of paragraph (a) of subdivision 1 of  section
 125.27  of  the penal law, as amended by chapter 23 of the laws of 2024,
 is amended to read as follows:
   (vii) the victim was killed while the defendant was in the  course  of
 committing  or  attempting  to  commit  and  in  furtherance of robbery,
 burglary in the first degree or second degree, kidnapping in  the  first
 degree,  arson  in  the  first  degree  or  second degree, [rape] SEXUAL
 BATTERY in the first degree, a crime formerly defined in section  130.50
 A. 6399                             6
 
 of this title, sexual abuse in the first degree, aggravated sexual abuse
 in  the  first degree or escape in the first degree, or in the course of
 and furtherance of immediate flight after committing  or  attempting  to
 commit  any  such crime or in the course of and furtherance of immediate
 flight after attempting to commit the crime  of  murder  in  the  second
 degree;  provided however, the victim is not a participant in one of the
 aforementioned crimes and, provided further that, unless the defendant's
 criminal liability under this subparagraph is based upon  the  defendant
 having  commanded  another  person  to  cause the death of the victim or
 intended victim pursuant to section 20.00 of this chapter, this subpara-
 graph shall not apply where the defendant's criminal liability is  based
 upon  the  conduct of another pursuant to section 20.00 of this chapter;
 or
   § 11. Paragraph (d) of subdivision 2 and paragraph (h) of  subdivision
 3  of  section  130.05 of the penal law, as amended by chapter 23 of the
 laws of 2024, are amended to read as follows:
   (d) Where the offense charged is [rape] SEXUAL BATTERY  in  the  third
 degree as defined in subdivision seven, eight or nine of section 130.25,
 or  a  crime formerly defined in subdivision three of section 130.40, in
 addition to forcible compulsion, circumstances under which, at the  time
 of the act of vaginal sexual contact, oral sexual contact or anal sexual
 contact,  the  victim  clearly  expressed  that [he or she] THEY did not
 consent to engage in such act, and a reasonable person  in  the  actor's
 situation  would  have  understood  such  person's  words and acts as an
 expression of lack of consent to such act under all the circumstances.
   (h) a client or patient and the actor is a  health  care  provider  or
 mental  health  care  provider charged with [rape] SEXUAL BATTERY in the
 third degree as defined in section 130.25, a crime formerly  defined  in
 section  130.40, aggravated sexual abuse in the fourth degree as defined
 in section 130.65-a, or sexual abuse in the third degree as  defined  in
 section  130.55, and the act of sexual conduct occurs during a treatment
 session, consultation, interview, or examination; or
   § 12. Subdivision 3 of section 130.10 of the penal law, as amended  by
 chapter 23 of the laws of 2024, is amended to read as follows:
   3.  In  any  prosecution for the crime of [rape] SEXUAL BATTERY in the
 third degree as defined in section 130.25, a crime formerly  defined  in
 section  130.40, aggravated sexual abuse in the fourth degree as defined
 in section 130.65-a, or sexual abuse in the third degree as  defined  in
 section  130.55  in  which incapacity to consent is based on the circum-
 stances 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.
   § 13. The opening paragraph and subdivision 2 of section 130.95 of the
 penal  law, as amended by chapter 23 of the laws of 2024, are amended to
 read as follows:
   A person is guilty of predatory sexual assault when [he or  she]  SUCH
 PERSON commits the crime of [rape] SEXUAL BATTERY in the first degree, a
 crime  formerly  defined  in  section 130.50 of this title, the crime of
 aggravated sexual abuse in the first degree, or course of sexual conduct
 against a child in the first degree, as defined  in  this  article,  and
 when:
   2.  [He  or  she]  SUCH PERSON has engaged in conduct constituting the
 crime of [rape] SEXUAL BATTERY in the first  degree,  a  crime  formerly
 defined  in section 130.50 of this title, the crime of aggravated sexual
 A. 6399                             7
 
 abuse in the first degree, or course of sexual conduct against  a  child
 in  the  first  degree,  as defined in this article, against one or more
 additional persons; or
   §  14. Section 130.96 of the penal law, as added by chapter 107 of the
 laws of 2006, the opening paragraph as amended by chapter 23 of the laws
 of 2024, is amended to read as follows:
 § 130.96 Predatory sexual assault against a child.
   A person is guilty of predatory sexual assault against a  child  when,
 being  eighteen  years  old or more, [he or she] SUCH PERSON commits the
 crime of [rape] SEXUAL BATTERY in the first  degree,  a  crime  formerly
 defined  in section 130.50 of this title, the crime of aggravated sexual
 abuse in the first degree, or course of sexual conduct against  a  child
 in  the first degree, as defined in this article, and the victim is less
 than thirteen years old.
   Predatory sexual assault against a child is a class A-II felony.
   § 15. Subdivision 2 of section 240.75 of the penal law, as amended  by
 chapter 23 of the laws of 2024, is amended to read as follows:
   2.  A  "specified  offense"  is  an  offense defined in section 120.00
 (assault in the third degree); section 120.05  (assault  in  the  second
 degree);  section  120.10  (assault in the first degree); section 120.13
 (menacing in the first degree); section 120.14 (menacing in  the  second
 degree);  section  120.15 (menacing in the third degree); section 120.20
 (reckless endangerment in the second degree); section  120.25  (reckless
 endangerment  in  the  first  degree);  section  120.45 (stalking in the
 fourth degree); section 120.50 (stalking in the third  degree);  section
 120.55  (stalking in the second degree); section 120.60 (stalking in the
 first degree); section 121.11  (criminal  obstruction  of  breathing  or
 blood circulation); section 121.12 (strangulation in the second degree);
 section  121.13  (strangulation in the first degree); subdivision one of
 section 125.15 (manslaughter in the second degree); subdivision one, two
 or four of section 125.20 (manslaughter in the  first  degree);  section
 125.25  (murder  in  the  second degree); section 130.20 (sexual miscon-
 duct); section 130.25 ([rape]  SEXUAL  BATTERY  in  the  third  degree);
 section  130.30  ([rape]  SEXUAL  BATTERY in the second degree); section
 130.35 ([rape] SEXUAL BATTERY in the first degree); formerly defined  in
 section  130.40; formerly defined in section 130.45; formerly defined in
 section 130.50; defined in section 130.52 (forcible  touching);  section
 130.53  (persistent  sexual  abuse); section 130.55 (sexual abuse in the
 third degree); section 130.60  (sexual  abuse  in  the  second  degree);
 section  130.65  (sexual  abuse  in  the  first  degree); section 130.66
 (aggravated sexual abuse in the third degree);  section  130.67  (aggra-
 vated  sexual  abuse  in  the second degree); section 130.70 (aggravated
 sexual abuse in the first degree); section  130.91  (sexually  motivated
 felony);  section  130.95  (predatory  sexual  assault);  section 130.96
 (predatory sexual assault against a  child);  section  135.05  (unlawful
 imprisonment  in  the second degree); section 135.10 (unlawful imprison-
 ment in the  first  degree);  section  135.60  (coercion  in  the  third
 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);
 A. 6399                             8
 
 section 215.52 (aggravated criminal contempt); section  240.25  (harass-
 ment  in  the  first  degree);  subdivision  one, two or four of section
 240.30 (aggravated harassment in the second degree);  aggravated  family
 offense  as  defined  in  this  section  or any attempt or conspiracy to
 commit any of the foregoing offenses where the defendant and the  person
 against  whom  the offense was committed were members of the same family
 or household as defined in subdivision one  of  section  530.11  of  the
 criminal procedure law.
   § 16. Section 255.26 of the penal law, as amended by chapter 23 of the
 laws of 2024, 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]
 SUCH PERSON commits the crime of [rape] SEXUAL  BATTERY  in  the  second
 degree,  as  defined in section 130.30 of this part, or a crime formerly
 defined in section 130.45 of this part, against a  person  whom  [he  or
 she] SUCH PERSON knows to be related to [him or her] SUCH PERSON, wheth-
 er  through  marriage  or  not,  as an ancestor, descendant, [brother or
 sister] OR SIBLING of either the whole or the half blood, [uncle,  aunt,
 nephew or niece] SIBLING OF A PARENT OR CHILD OF A SIBLING.
   Incest in the second degree is a class D felony.
   § 17. Section 255.27 of the penal law, as amended by chapter 23 of the
 laws of 2024, is amended to read as follows:
 § 255.27 Incest in the first degree.
   A person is guilty of incest in the first degree when [he or she] SUCH
 PERSON  commits  the crime of [rape] SEXUAL BATTERY in the first degree,
 as defined in paragraph (c) or (d) of subdivision one, paragraph (c)  or
 (d)  of  subdivision two or paragraph (c) or (d) of subdivision three of
 section 130.35 of this part, [rape in  the  first  degree  as]  A  CRIME
 defined  in  former  subdivision three or four of section 130.35 of this
 part, or a crime formerly  defined  in  subdivision  three  or  four  of
 section  130.50  of  this  part,  against a person whom [he or she] SUCH
 PERSON knows to be related to [him or her] SUCH PERSON, whether  through
 marriage  or  not,  as  an  ancestor, descendant, [brother or sister] OR
 SIBLING of either the whole or  half  blood,  [uncle,  aunt,  nephew  or
 niece] SIBLING OF A PARENT OR CHILD OF SIBLING.
   Incest in the first degree is a class B felony.
   §  18.  Paragraph  (a) of subdivision 1 of section 460.10 of the penal
 law, as amended by chapter 134 of the laws of 2019, is amended  to  read
 as follows:
   (a)  Any  of  the felonies set forth in this chapter: sections 120.05,
 120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat-
 ing to strangulation; sections 125.10 to 125.27  relating  to  homicide;
 sections  130.25,  130.30  and 130.35 relating to [rape] SEXUAL BATTERY;
 sections 135.20 and 135.25 relating to kidnapping; sections  135.35  and
 135.37  relating  to labor trafficking; section 135.65 relating to coer-
 cion; sections 140.20, 140.25 and 140.30 relating to burglary;  sections
 145.05,  145.10  and  145.12  relating to criminal mischief; article one
 hundred fifty relating to arson; sections  155.30,  155.35,  155.40  and
 155.42  relating  to  grand larceny; sections 177.10, 177.15, 177.20 and
 177.25 relating to health care fraud; article one hundred sixty relating
 to robbery; sections 165.45, 165.50, 165.52 and 165.54 relating to crim-
 inal possession of stolen property; sections 165.72 and 165.73  relating
 to  trademark  counterfeiting;  sections 170.10, 170.15, 170.25, 170.30,
 170.40, 170.65 and 170.70 relating to forgery; sections 175.10,  175.25,
 175.35, 175.40 and 210.40 relating to false statements; sections 176.15,
 176.20,  176.25  and 176.30 relating to insurance fraud; sections 178.20
 A. 6399                             9
 
 and 178.25 relating to criminal diversion  of  prescription  medications
 and  prescriptions;  sections  180.03,  180.08,  180.15, 180.25, 180.40,
 180.45, 200.00, 200.03, 200.04, 200.10, 200.11, 200.12, 200.20,  200.22,
 200.25,  200.27,  200.56, 215.00, 215.05 and 215.19 relating to bribery;
 sections 187.10, 187.15, 187.20 and 187.25 relating to residential mort-
 gage fraud, sections 190.40  and  190.42  relating  to  criminal  usury;
 section  190.65  relating  to  schemes to defraud; any felony defined in
 article four hundred ninety-six; sections 205.60 and 205.65 relating  to
 hindering  prosecution;  sections 210.10, 210.15, and 215.51 relating to
 perjury and contempt; section 215.40 relating to tampering with physical
 evidence; sections  220.06,  220.09,  220.16,  220.18,  220.21,  220.31,
 220.34,  220.39,  220.41,  220.43,  220.46,  220.55,  220.60, 220.65 and
 220.77 relating to controlled substances;  sections  225.10  and  225.20
 relating  to  gambling;  sections 230.25, 230.30, and 230.32 relating to
 promoting prostitution; section  230.34  relating  to  sex  trafficking;
 section  230.34-a  relating  to  sex  trafficking  of  a child; sections
 235.06, 235.07, 235.21 and 235.22 relating to obscenity; sections 263.10
 and 263.15 relating to  promoting  a  sexual  performance  by  a  child;
 sections   265.02,  265.03,  265.04,  265.11,  265.12,  265.13  and  the
 provisions of section 265.10  which  constitute  a  felony  relating  to
 firearms  and other dangerous weapons; sections 265.14 and 265.16 relat-
 ing to criminal sale of a firearm; section 265.50 relating to the crimi-
 nal manufacture, sale or transport of an undetectable firearm, rifle  or
 shotgun; section 275.10, 275.20, 275.30, or 275.40 relating to unauthor-
 ized recordings; and sections 470.05, 470.10, 470.15 and 470.20 relating
 to money laundering; or
   §  19. Subdivision 3 of section 485.05 of the penal law, as amended by
 section 2 of part C of chapter 55 of the laws of  2024,  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  120.06
 (gang assault in the second degree); section 120.07 (gang assault in the
 first  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  endangerment  in the second degree); section
 120.25 (reckless endangerment  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 125.26 (aggravated murder); section 125.27  (murder  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  130.20  (sexual  misconduct);  section  130.25  ([rape]  SEXUAL
 BATTERY  in  the third degree); section 130.30 ([rape] SEXUAL BATTERY in
 the second degree); section 130.35 ([rape] SEXUAL BATTERY in  the  first
 degree);  former  section  130.40; former section 130.45; former section
 130.50; section 130.52 (forcible touching); section  130.53  (persistent
 sexual  abuse);  section  130.55  (sexual  abuse  in  the third degree);
 section 130.60 (sexual abuse  in  the  second  degree);  section  130.65
 (sexual  abuse in the first degree); section 130.65-a (aggravated sexual
 A. 6399                            10
 
 abuse in the fourth degree); section 130.66 (aggravated sexual abuse  in
 the third degree); section 130.67 (aggravated sexual abuse in the second
 degree);  section  130.70 (aggravated sexual abuse in the first degree);
 section  135.05  (unlawful  imprisonment  in the second degree); section
 135.10 (unlawful imprisonment  in  the  first  degree);  section  135.20
 (kidnapping  in  the  second  degree); section 135.25 (kidnapping in the
 first degree); section 135.60 (coercion in the  third  degree);  section
 135.61  (coercion in the second degree); section 135.65 (coercion in the
 first degree); section 140.10 (criminal trespass in the  third  degree);
 section  140.15 (criminal trespass in the second degree); section 140.17
 (criminal trespass in the first degree); section 140.20 (burglary in the
 third degree); section 140.25 (burglary in the second  degree);  section
 140.30 (burglary in the first degree); section 145.00 (criminal mischief
 in  the  fourth  degree); section 145.05 (criminal mischief in the third
 degree); section  145.10  (criminal  mischief  in  the  second  degree);
 section  145.12  (criminal mischief in the first degree); section 150.05
 (arson in the  fourth  degree);  section  150.10  (arson  in  the  third
 degree);  section  150.15  (arson  in the second degree); section 150.20
 (arson in the first degree); section  155.25  (petit  larceny);  section
 155.30  (grand  larceny  in  the  fourth  degree); section 155.35 (grand
 larceny in the third degree);  section  155.40  (grand  larceny  in  the
 second  degree);  section  155.42  (grand  larceny in the first degree);
 section 160.05 (robbery in the third degree); section 160.10 (robbery in
 the second degree);  section  160.15  (robbery  in  the  first  degree);
 section 230.34 (sex trafficking); section 230.34-a (sex trafficking of a
 child);  section  240.25  (harassment  in the first degree); subdivision
 one, two or four of section 240.30 (aggravated harassment in the  second
 degree);  section  240.50  (falsely  reporting  an incident in the third
 degree); section 240.55 (falsely reporting an  incident  in  the  second
 degree);  section  240.60  (falsely  reporting  an incident in the first
 degree); subdivision one of section 265.03  (criminal  possession  of  a
 weapon  in the second degree); subdivision one of section 265.04 (crimi-
 nal possession of a weapon in the first degree); section 490.10  (solic-
 iting  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 (hinder-
 ing prosecution of terrorism in the first degree); section 490.37 (crim-
 inal possession of a chemical weapon or biological weapon in  the  third
 degree);  section  490.40  (criminal  possession of a chemical weapon or
 biological weapon  in  the  second  degree);  section  490.45  (criminal
 possession  of  a  chemical  weapon  or  biological  weapon in the first
 degree); section 490.47 (criminal use of a chemical weapon or biological
 weapon in the third degree); section 490.50 (criminal use of a  chemical
 weapon or biological weapon in the second degree); section 490.55 (crim-
 inal use of a chemical weapon or biological weapon in the first degree);
 or any attempt or conspiracy to commit any of the foregoing offenses.
   §  20.  Subdivision  11  of section 123 of the agriculture and markets
 law, as amended by chapter 23 of the laws of 2024, is amended to read as
 follows:
   11. The owner shall not be liable pursuant to subdivision six,  seven,
 eight,  nine  or ten of this section if the dog was coming to the aid or
 defense of a person during the commission or attempted commission  of  a
 murder,  robbery,  burglary,  arson,  [rape] SEXUAL BATTERY in the first
 degree as defined in paragraph (a) or (b) of subdivision one,  paragraph
 A. 6399                            11
 
 (a)  or  (b)  of  subdivision two or paragraph (a) or (b) of subdivision
 three of section 130.35 of the penal law, [rape in the first degree  as]
 A  CRIME  defined in the former subdivision one of section 130.35 of the
 penal law, a crime formerly defined in subdivision one or two of section
 130.50  of  the  penal law or kidnapping within the dwelling or upon the
 real property of the owner of the dog and the dog injured or killed  the
 person committing such criminal activity.
   § 21. Subdivision 42 of section 1.20 of the criminal procedure law, as
 amended  by  chapter  23  of  the  laws  of  2024, 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); 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] SEXUAL BATTERY in the  first
 degree); former subdivisions one and two of section 130.35 [(rape in the
 first  degree)];  subdivisions  one  and  two  of former section 130.50;
 130.70 (aggravated sexual abuse in the first degree);  140.30  (burglary
 in the first degree); subdivision one of section 140.25 (burglary in the
 second  degree); 150.15 (arson in the second degree); 160.15 (robbery in
 the first degree); subdivision two of section  160.10  (robbery  in  the
 second  degree)  of  the  penal law; or section 265.03 of the penal law,
 where such machine gun or such firearm is possessed on  school  grounds,
 as  that  phrase is defined in subdivision fourteen of section 220.00 of
 the penal law; or defined in the penal  law  as  an  attempt  to  commit
 murder  in  the second degree or kidnapping in the first degree, or such
 conduct as a sexually motivated felony,  where  authorized  pursuant  to
 section 130.91 of the penal law.
   §  22.  Paragraphs  (a),  (a-1)  and (a-2) of subdivision 2 of section
 30.10 of the criminal procedure law, paragraph (a) as amended and  para-
 graphs  (a-1) and (a-2) as added by chapter 315 of the laws of 2019, are
 amended to read as follows:
   (a) A prosecution for a class A felony, or [rape]  SEXUAL  BATTERY  in
 the  first  degree  as  defined in section 130.35 of the penal law, or a
 crime defined or formerly defined in section 130.50 of the penal law, or
 aggravated sexual abuse in the first degree as defined in section 130.70
 of the penal law, or course of sexual conduct against  a  child  in  the
 first degree as defined in section 130.75 of the penal law, or incest in
 the  first  degree  as defined in section 255.27 of the penal law may be
 commenced at any time;
   (a-1) A prosecution for [rape] SEXUAL BATTERY in the second degree  as
 defined in subdivision two of section 130.30 of the penal law, or crimi-
 nal  sexual  act  in  the second degree as defined in subdivision two of
 section 130.45 of the penal law, or  incest  in  the  second  degree  as
 defined in section 255.26 of the penal law (where the crime committed is
 [rape] SEXUAL BATTERY in the second degree as defined in subdivision two
 A. 6399                            12
 
 of  section 130.30 of the penal law or criminal sexual act in the second
 degree as  defined  in  subdivision  two  of  section  130.45)  must  be
 commenced within twenty years after the commission thereof or within ten
 years from when the offense is first reported to law enforcement, which-
 ever occurs earlier;
   (a-2)  A  prosecution for [rape] SEXUAL BATTERY in the third degree as
 defined in subdivision one or three of section 130.25 of the penal  law,
 or criminal sexual act in the third degree as defined in subdivision one
 or three of section 130.40 of the penal law must be commenced within ten
 years after the commission thereof;
   §  23.  The section heading of section 60.76 of the criminal procedure
 law, as added by chapter 432 of the laws of 1993, is amended to read  as
 follows:
   Rules  of evidence; [rape] SEXUAL BATTERY crisis counselor evidence in
 certain cases.
   § 24. Paragraph (h) of subdivision 3 of section 190.25 of the criminal
 procedure law, as amended by chapter 347 of the laws of 2014, is amended
 to read as follows:
   (h) A social worker, [rape] SEXUAL BATTERY crisis counselor,  psychol-
 ogist  or  other  professional  providing  emotional  support to a child
 witness twelve years old or younger, or  a  social  worker  or  informal
 caregiver,  as provided in subdivision two of section two hundred six of
 the elder law, for a vulnerable elderly person as provided  in  subdivi-
 sion  three  of  section  260.31 of the penal law, who is called to give
 evidence in a grand jury proceeding concerning a crime defined in  arti-
 cle  one  hundred  twenty-one,  article  one hundred thirty, article two
 hundred sixty, section 120.10, 125.10, 125.15, 125.20,  125.25,  125.26,
 125.27,  255.25,  255.26  or  255.27  of the penal law provided that the
 district attorney consents. Such support person shall  not  provide  the
 witness  with an answer to any question or otherwise participate in such
 proceeding and shall first take an oath before the grand jury  that  [he
 or  she]  SUCH  SUPPORT  PERSON will keep secret all matters before such
 grand jury within [his or her] SUCH SUPPORT PERSON'S knowledge.
   § 25. Paragraph (c) of subdivision 5 of section 190.32 of the criminal
 procedure law, as amended by chapter 91 of the laws of 1995, is  amended
 to read as follows:
   (c)  A social worker, [rape] SEXUAL BATTERY crisis counselor, psychol-
 ogist or other professional  providing  emotional  support  to  a  child
 witness  or  to  a  special  witness, as defined in subparagraph (ii) of
 paragraph (b) of subdivision one  of  this  section,  or  any  of  those
 persons enumerated in paragraphs (a), (b), (c), (d), (e), (f) and (g) of
 subdivision  three of section 190.25 may be present during the videotap-
 ing except that a doctor, nurse or other medical assistant also  may  be
 present if required by the attendant circumstances. Each person present,
 except  the witness, must, if [he] SUCH WITNESS has not previously taken
 a constitutional oath of office or an oath that [he] SUCH  WITNESS  will
 keep  secret  all  matters before a grand jury, must take an oath on the
 record that [he] SUCH WITNESS will keep secret the  videotaped  examina-
 tion.
   § 26. Subdivision (a) of section 190.71 of the criminal procedure law,
 as  amended  by  chapter  23  of the laws of 2024, is amended to read as
 follows:
   (a) Except as provided in subdivision six of section  200.20  of  this
 [chapter] TITLE, 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
 A. 6399                            13
 
 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  constituting  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
 (manslaughter  in  the first degree); paragraphs (a) and (b) of subdivi-
 sion one, paragraphs (a) and (b) of subdivision two and  paragraphs  (a)
 and  (b)  of  subdivision  three  of  section 130.35 [(rape in the first
 degree)]; former subdivisions one and two of section  130.35  [(rape  in
 the  first  degree)]; subdivisions one and two of former section 130.50;
 130.70 (aggravated sexual abuse in the first degree);  140.30  (burglary
 in the first degree); subdivision one of section 140.25 (burglary in the
 second  degree); 150.15 (arson in the second degree); 160.15 (robbery in
 the first degree); subdivision two of section  160.10  (robbery  in  the
 second  degree)  of  the  penal law; or section 265.03 of the penal law,
 where such machine gun or such firearm is possessed on  school  grounds,
 as  that  phrase is defined in subdivision fourteen of section 220.00 of
 the penal law; or defined in the penal  law  as  an  attempt  to  commit
 murder  in  the second degree or kidnapping in the first degree, or such
 conduct as a sexually motivated felony,  where  authorized  pursuant  to
 section 130.91 of the penal law.
   §  27. Subparagraph (iii) of paragraph (g) of subdivision 5 of section
 220.10 of the criminal procedure law, as amended by chapter  23  of  the
 laws of 2024, is amended to read as follows:
   (iii)  Where  the  indictment  does  not  charge  a crime specified in
 subparagraph (i) of this paragraph, the district attorney may  recommend
 removal  of the action to the family court. Upon making such recommenda-
 tion the district attorney shall submit a subscribed memorandum  setting
 forth:  (1) a recommendation that the interests of justice would best be
 served by removal of the action to the family  court;  and  (2)  if  the
 indictment  charges  a thirteen year old with the crime of murder in the
 second degree, or a fourteen or fifteen year  old  with  the  crimes  of
 [rape] SEXUAL BATTERY in the first degree as defined in paragraph (a) of
 subdivision  one,  paragraph (a) of subdivision two and paragraph (a) of
 subdivision three of section 130.35 of the penal law, [rape in the first
 degree as] A CRIME formerly defined in subdivision one of section 130.35
 of the penal law, a crime formerly defined in subdivision one of section
 130.50 of the penal law, or an armed felony as defined in paragraph  (a)
 of  subdivision  forty-one  of  section  1.20  of  this chapter specific
 factors, one or more of which reasonably  supports  the  recommendation,
 showing, (i) mitigating 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 offender, is not likely to be repeated.
 A. 6399                            14
 
   §  28.  Subdivision 6 of section 300.50 of the criminal procedure law,
 as amended by chapter 23 of the laws of 2024,  is  amended  to  read  as
 follows:
   6.  For  purposes  of this section, the offenses of [rape in the third
 degree as] A CRIME defined in the former subdivision three  or  subdivi-
 sions  seven,  eight  and  nine of section 130.25 of the penal law and a
 crime formerly defined in subdivision three of  section  130.40  of  the
 penal  law, are not lesser included offenses of [rape] SEXUAL BATTERY in
 the first degree, a crime formerly defined  in  section  130.50  of  the
 penal  law,  or  any other offense.   Notwithstanding the foregoing, any
 such offense may be submitted as a lesser included offense of the appli-
 cable first degree offense when (i) there is a reasonable  view  of  the
 evidence which would support a finding that the defendant committed such
 lesser  offense  but  did  not commit the greater offense, and (ii) both
 parties consent to its submission.
   § 29. Paragraph (c) of subdivision 2 of section 440.47 of the criminal
 procedure law, as added by chapter 31 of the laws of 2019, is amended to
 read as follows:
   (c) An application for resentencing  pursuant  to  this  section  must
 include  at  least  two pieces of evidence corroborating the applicant's
 claim that [he or she] SUCH APPLICANT was, at the time of the offense, a
 victim of domestic violence subjected to substantial physical, sexual or
 psychological abuse inflicted by a member of the same family  or  house-
 hold  as  the  applicant  as  such term is defined in subdivision one of
 section 530.11 of this chapter.
   At least one piece of evidence must be either a court record, pre-sen-
 tence report, social services record, hospital record,  sworn  statement
 from  a witness to the domestic violence, law enforcement record, domes-
 tic incident report, or order of protection. Other evidence may include,
 but shall not be limited to, local and state department  of  corrections
 AND COMMUNITY SUPERVISION records, a showing based in part on documenta-
 tion  prepared  at  or near the time of the commission of the offense or
 the prosecution thereof tending to support the person's claim,  or  when
 there  is verification of consultation with a licensed medical or mental
 health care provider, employee of a court acting  within  the  scope  of
 [his  or  her]  THEIR employment, member of the clergy, attorney, social
 worker, or [rape] SEXUAL BATTERY crisis counselor as defined in  section
 forty-five  hundred  ten  of  the civil practice law and rules, or other
 advocate acting on behalf of an agency that assists victims of  domestic
 violence for the purpose of assisting such person with domestic violence
 victim counseling or support.
   § 30. Paragraph (b) of subdivision 8 of section 700.05 of the criminal
 procedure  law, as amended by chapter 23 of the laws of 2024, 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
 A. 6399                            15
 
 the first degree as defined in section 125.27 of the penal  law,  [rape]
 SEXUAL  BATTERY  in the third degree as defined in section 130.25 of the
 penal law, [rape] SEXUAL BATTERY in the  second  degree  as  defined  in
 section  130.30  of  the  penal  law, [rape] SEXUAL BATTERY in the first
 degree as defined in section 130.35 of the penal law, a  crime  formerly
 defined  in section 130.40 of the penal law, a crime formerly defined in
 section 130.45 of the penal law, a crime  formerly  defined  in  section
 130.50  of the penal law, sexual abuse in the first degree as defined in
 section 130.65 of the penal law,  unlawful  imprisonment  in  the  first
 degree  as defined in section 135.10 of the penal law, kidnapping in the
 second degree as defined in section 135.20 of the penal law,  kidnapping
 in the first degree as defined in section 135.25 of the penal law, labor
 trafficking  as  defined  in section 135.35 of the penal law, aggravated
 labor trafficking as defined in section 135.37 of the penal law,  custo-
 dial  interference  in  the first degree as defined in section 135.50 of
 the penal law, coercion in the first degree as defined in section 135.65
 of the penal law, criminal trespass in the first degree  as  defined  in
 section 140.17 of the penal law, burglary in the third degree as defined
 in  section  140.20  of  the penal law, burglary in the second degree as
 defined in section 140.25 of the penal law, burglary in the first degree
 as defined in section 140.30 of the penal law, criminal mischief in  the
 third  degree  as  defined  in section 145.05 of the penal law, criminal
 mischief in the second degree as defined in section 145.10 of the  penal
 law,  criminal mischief in the first degree as defined in section 145.12
 of the penal law, criminal tampering in the first degree as  defined  in
 section  145.20  of the penal law, arson in the fourth degree as defined
 in section 150.05 of the penal law, arson in the third degree as defined
 in section 150.10 of the penal  law,  arson  in  the  second  degree  as
 defined in section 150.15 of the penal law, arson in the first degree as
 defined  in section 150.20 of the penal law, grand larceny in the fourth
 degree as defined in section 155.30 of the penal law, grand  larceny  in
 the  third  degree  as defined in section 155.35 of the penal law, grand
 larceny in the second degree as defined in section 155.40 of  the  penal
 law,  grand  larceny in the first degree as defined in section 155.42 of
 the penal law, health care fraud in the  fourth  degree  as  defined  in
 section  177.10  of the penal law, health care fraud in the third degree
 as defined in section 177.15 of the penal law, health care fraud in  the
 second degree as defined in section 177.20 of the penal law, health care
 fraud in the first degree as defined in section 177.25 of the penal law,
 robbery  in  the  third degree as defined in section 160.05 of the penal
 law, robbery in the second degree as defined in section  160.10  of  the
 penal  law,  robbery in the first degree as defined in section 160.15 of
 the penal law, unlawful use of secret scientific material as defined  in
 section  165.07 of the penal law, criminal possession of stolen property
 in the fourth degree as defined in section  165.45  of  the  penal  law,
 criminal possession of stolen property in the third degree as defined in
 section  165.50 of the penal law, criminal possession of stolen property
 in the second degree as defined by section  165.52  of  the  penal  law,
 criminal possession of stolen property in the first degree as defined by
 section  165.54 of the penal law, trademark counterfeiting in the second
 degree as defined in section 165.72 of the penal law, trademark counter-
 feiting 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
 A. 6399                            16
 
 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, issu-
 ing 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  mort-
 gage  fraud  in  the  fourth  degree as defined in section 187.10 of the
 penal law, residential mortgage fraud in the third degree as defined  in
 section  187.15  of  the  penal  law,  residential mortgage fraud in the
 second degree as defined in section 187.20 of the penal law, residential
 mortgage fraud in the first degree as defined in section 187.25  of  the
 penal  law,  escape in the second degree as defined in section 205.10 of
 the penal law, escape in the first degree as defined in  section  205.15
 of  the penal law, absconding from temporary release in the first degree
 as defined in section 205.17 of the penal law, promoting prison  contra-
 band  in the first degree as defined in section 205.25 of the penal law,
 hindering prosecution in the second degree as defined in section  205.60
 of  the  penal law, hindering prosecution in the first degree as defined
 in section 205.65 of the  penal  law,  sex  trafficking  as  defined  in
 section  230.34  of the penal law, sex trafficking of a child as defined
 in section 230.34-a of the penal law, criminal possession of a weapon in
 the third degree as defined in  subdivisions  two,  three  and  five  of
 section  265.02 of the penal law, criminal possession of a weapon in the
 second degree as defined in section 265.03 of the  penal  law,  criminal
 possession  of a weapon in the first degree as defined in section 265.04
 of the penal law, manufacture, transport, disposition and defacement  of
 weapons  and dangerous instruments and appliances defined as felonies in
 subdivisions one, two, and three of section 265.10  of  the  penal  law,
 sections  265.11,  265.12 and 265.13 of the penal law, or prohibited use
 of weapons as defined in subdivision two of section 265.35 of the  penal
 law, relating to firearms and other dangerous weapons, criminal manufac-
 ture,  sale or transport of an undetectable firearm, rifle or shotgun as
 defined in section 265.50 of the penal law, or failure to  disclose  the
 origin  of  a recording in the first degree as defined in section 275.40
 of the penal law;
   § 31. Paragraph (a) of subdivision 2  and  subdivision  3  of  section
 720.10  of the criminal procedure law, paragraph (a) of subdivision 2 as
 amended by chapter 23 of the laws of 2024 and subdivision 3  as  amended
 by chapter 264 of the laws of 2003, are amended to read as follows:
   (a)  the  conviction  to be replaced by a youthful offender finding is
 for (i) a class A-I or class A-II felony, or (ii)  an  armed  felony  as
 defined  in subdivision forty-one of section 1.20, except as provided in
 subdivision three, or (iii) [rape] SEXUAL BATTERY in the first degree, a
 crime formerly defined in section 130.50 of the penal law, or the  crime
 of aggravated sexual abuse, except as provided in subdivision three, or
   3.  Notwithstanding the provisions of subdivision two, a youth who has
 been convicted of an armed felony offense or of [rape] SEXUAL BATTERY in
 the first degree, criminal sexual act in the first degree, or aggravated
 sexual abuse is an eligible youth if the court determines  that  one  or
 more  of  the following factors exist: (i) mitigating circumstances that
 A. 6399                            17
 
 bear directly upon the manner in which the crime was committed; or  (ii)
 where  the  defendant  was  not  the  sole participant in the crime, the
 defendant's participation was relatively minor although not so minor  as
 to  constitute  a defense to the prosecution. Where the court determines
 that the eligible youth is a youthful offender, the court shall  make  a
 statement  on  the  record of the reasons for its determination, a tran-
 script of which shall be forwarded to the  state  division  of  criminal
 justice services, to be kept in accordance with the provisions of subdi-
 vision  three  of  section eight hundred thirty-seven-a of the executive
 law.
   § 32. Subdivision 4 of section 722.20 of the criminal  procedure  law,
 as  amended  by  chapter  23  of the laws of 2024, 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] SEXUAL BATTERY  in
 the  first  degree as defined in paragraph (a) of subdivision one, para-
 graph (a) of subdivision two and paragraph (a) of subdivision  three  of
 section  130.35  of the penal law, [rape in the first degree as] A CRIME
 formerly defined in subdivision one of section 130.35 of the penal  law;
 a  crime  formerly  defined  in subdivision one of section 130.50 of the
 penal law, or an armed felony as defined in paragraph (a) of subdivision
 forty-one of section 1.20 of this chapter,  a  determination  that  such
 action  be removed to the family court shall, in addition, be based upon
 a finding of one or  more  of  the  following  factors:  (i)  mitigating
 circumstances  that bear directly upon the manner in which the crime was
 committed; or (ii) where the defendant was not the sole  participant  in
 the  crime,  the defendant's participation was relatively minor although
 not so minor as to constitute a defense to  the  prosecution;  or  (iii)
 possible deficiencies in proof of the crime.
   §  33.  Subdivision 5 of section 722.21 of the criminal procedure law,
 as amended by chapter 23 of the laws of 2024,  is  amended  to  read  as
 follows:
   5.  Notwithstanding subdivisions two and three of this section, at the
 request of the district attorney, the court shall order  removal  of  an
 action  against an adolescent offender charged with an offense listed in
 paragraph (a) of subdivision two of section 722.23 of this  article,  to
 the  family  court  pursuant  to the provisions of article seven hundred
 twenty-five of this title and upon consideration of the criteria  speci-
 fied  in subdivision two of section 722.22 of this article, it is deter-
 mined that to do so would be in the interests of justice. Where,  howev-
 er,  the felony complaint charges the adolescent offender with murder in
 the second degree as defined in section 125.25 of the penal law,  [rape]
 SEXUAL BATTERY in the first degree as defined in paragraph (a) of subdi-
 vision one, paragraph (a) of subdivision two and paragraph (a) of subdi-
 vision  three  of  section  130.35  of the penal law, [rape in the first
 degree as] A CRIME formerly defined in subdivision one of section 130.35
 of the penal law, a crime formerly defined in subdivision one of section
 130.50 of the penal law, or an armed felony as defined in paragraph  (a)
 of  subdivision  forty-one  of  section 1.20 of this chapter, a determi-
 A. 6399                            18
 
 nation that such action be removed to the family court shall,  in  addi-
 tion,  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 prose-
 cution; or (iii) possible deficiencies in proof of the crime.
   § 34. Paragraph (b) of subdivision 1 of section 722.22 of the criminal
 procedure law, as amended by chapter 23 of the laws of 2024, is  amended
 to read as follows:
   (b)  with  the  consent  of the district attorney, order removal of an
 action involving an indictment charging a juvenile offender with  murder
 in  the  second  degree  as  defined in section 125.25 of the penal law;
 [rape] SEXUAL BATTERY in the first degree, as defined in  paragraph  (a)
 of  subdivision  one, paragraph (a) of subdivision two and paragraph (a)
 of subdivision three of section 130.35 of the penal law;  [rape  in  the
 first  degree as] A CRIME formerly defined in subdivision one of section
 130.35 of the penal law; a crime formerly defined in subdivision one  of
 section  130.50 of the penal law; or an armed felony as defined in para-
 graph (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  follow-
 ing  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) possible deficiencies in the proof of the crime,
 and, after consideration of the factors set forth in subdivision two  of
 this  section,  the  court  determined that removal of the action to the
 family court would be in the interests of justice.
   § 35. Section 213-c of the civil practice law and rules, as amended by
 chapter 23 of the laws of 2024, is amended to read as follows:
   § 213-c. Action by  victim  of  conduct  constituting  certain  sexual
 offenses.  Notwithstanding  any other limitation set forth in this arti-
 cle, except as provided in subdivision (b) of section two hundred  eight
 of  this  article,  all  civil claims or causes of action brought by any
 person for physical, psychological or other injury or condition suffered
 by such person as a result of  conduct  which  would  constitute  [rape]
 SEXUAL  BATTERY  in the first degree as defined in section 130.35 of the
 penal law, or [rape] SEXUAL BATTERY in the second degree as  defined  in
 subdivision  four,  five  or  six of section 130.30 of the penal law, or
 [rape in the second degree] A CRIME as defined in former subdivision two
 of section 130.30 of the penal law, or  [rape]  SEXUAL  BATTERY  in  the
 third  degree as defined in subdivision one, two, three, seven, eight or
 nine of section 130.25 of the penal law, or a crime formerly defined  in
 section 130.50 of the penal law, or a crime formerly defined in subdivi-
 sion two of section 130.45 of the penal law, or a crime formerly defined
 in  subdivision  one  or  three  of  section 130.40 of the penal law, or
 incest in the first degree as defined in section  255.27  of  the  penal
 law,  or incest in the second degree as defined in section 255.26 of the
 penal law (where the crime committed is [rape]  SEXUAL  BATTERY  in  the
 second  degree  as  defined  in subdivision four, five or six of section
 130.30 of the penal law, or [rape in  the  second  degree  as]  A  CRIME
 formerly  defined in subdivision two of section 130.30 of the penal law,
 or a crime formerly defined in subdivision two of section 130.45 of  the
 penal law), or aggravated sexual abuse in the first degree as defined in
 A. 6399                            19
 
 section  130.70  of the penal law, or course of sexual conduct against a
 child in the first degree as defined in section 130.75 of the penal  law
 may  be brought against any party whose intentional or negligent acts or
 omissions  are  alleged  to  have resulted in the commission of the said
 conduct, within twenty years. Nothing in this section shall be construed
 to require that a criminal charge be brought or a criminal conviction be
 obtained as a condition of bringing a civil cause of action or receiving
 a civil judgment pursuant to this section or  be  construed  to  require
 that  any  of the rules governing a criminal proceeding be applicable to
 any such civil action.
   § 36. Paragraph (b) of subdivision 8 of section 215 of the civil prac-
 tice law and rules, as amended by chapter 23 of the  laws  of  2024,  is
 amended to read as follows:
   (b)  Whenever  it  is  shown  that  a criminal action against the same
 defendant has been commenced with respect to  the  event  or  occurrence
 from  which  a  claim governed by this section arises, and such criminal
 action is for [rape] SEXUAL BATTERY in the first degree  as  defined  in
 section  130.35 of the penal law, or a crime formerly defined in section
 130.50 of the penal law, or aggravated sexual abuse in the first  degree
 as  defined  in  section  130.70  of  the penal law, or course of sexual
 conduct against a child in the first degree as defined in section 130.75
 of the penal law, the plaintiff shall have at least five years from  the
 termination  of  the  criminal  action as defined in section 1.20 of the
 criminal procedure law in which to commence the civil  action,  notwith-
 standing  that  the  time  in  which to commence such action has already
 expired or has less than a year remaining.
   § 37. Section 4510 of the civil practice law and rules, as amended  by
 chapter 309 of the laws of 2021, is amended to read as follows:
   §  4510.  [Rape]  SEXUAL BATTERY crisis counselor or domestic violence
 advocate. (a) Definitions. When used  in  this  section,  the  following
 terms shall have the following meanings:
   1.  "[Rape]  SEXUAL BATTERY crisis program" means any office, institu-
 tion or center which has been approved pursuant to  subdivision  fifteen
 of section two hundred six of the public health law, as added by chapter
 432  of  the laws of 1993, offering counseling and assistance to clients
 concerning sexual offenses, sexual abuses or incest.
   2. "[Rape] SEXUAL BATTERY crisis counselor" means any person  who  has
 been  certified  by  an approved [rape] SEXUAL BATTERY crisis program as
 having satisfied the training standards specified in subdivision fifteen
 of section two hundred six of the public health law, as added by chapter
 432 of the laws of 1993, and who, regardless of compensation, is  acting
 under the direction and supervision of an approved [rape] SEXUAL BATTERY
 crisis program.
   3.  "Client"  means  (i)  any  person  who is seeking or receiving the
 services of a [rape] SEXUAL BATTERY crisis counselor for the purpose  of
 securing counseling or assistance concerning any sexual offenses, sexual
 abuse,  incest  or  attempts to commit sexual offenses, sexual abuse, or
 incest, as defined in the penal law; or
   (ii) any victim of  domestic  violence  as  defined  in  section  four
 hundred fifty-nine-a of the social services law.
   4. "Domestic violence program" means a residential program for victims
 of  domestic violence or a non-residential program for victims of domes-
 tic violence as defined in section  four  hundred  fifty-nine-a  of  the
 social  services law or any similar program operated by an Indian tribe,
 as defined by section two of the Indian law.
 A. 6399                            20

   5. "Domestic violence advocate" means any person who is  acting  under
 the  direction  and  supervision  of  a  licensed  and approved domestic
 violence program and has satisfied the training  standards  required  by
 the office of children and family services.
   (b)  Confidential  information  privileged.  A  [rape]  SEXUAL BATTERY
 crisis counselor or domestic violence advocate shall not be required  to
 disclose  a  communication  made by [his or her] SUCH COUNSELOR OR ADVO-
 CATE'S client to [him or her] SUCH  COUNSELOR  OR  ADVOCATE,  or  advice
 given  thereon, in the course of [his or her] SUCH COUNSELOR OR ADVOCATE
 services nor shall any clerk, stenographer or other person  working  for
 the same program as the [rape] SEXUAL BATTERY crisis counselor or domes-
 tic  violence advocate or for the [rape] SEXUAL BATTERY crisis counselor
 or domestic violence advocate be allowed to disclose any  such  communi-
 cation  or advice given thereon nor shall any records made in the course
 of the services given to the client or recording of  any  communications
 made by or to a client be required to be disclosed, nor shall the client
 be compelled to disclose such communication or records, except:
   1.  that a [rape] SEXUAL BATTERY crisis counselor or domestic violence
 advocate may disclose such otherwise confidential communication  to  the
 extent authorized by the client;
   2.  that a [rape] SEXUAL BATTERY crisis counselor or domestic violence
 advocate shall not be required to treat as confidential a  communication
 by a client which reveals the intent to commit a crime or harmful act;
   3. that a domestic violence advocate shall not be required to treat as
 confidential  a  communication  by  a  client  which  reveals  a case of
 suspected child abuse or maltreatment pursuant to title six  of  article
 six of the social services law;
   4.  in  a case in which the client waives the privilege by instituting
 charges against the [rape] SEXUAL BATTERY crisis counselor  or  domestic
 violence  advocate or the [rape] SEXUAL BATTERY crisis program or domes-
 tic violence program and such action or proceeding involves confidential
 communications between the client and the [rape] SEXUAL  BATTERY  crisis
 counselor or domestic violence advocate.
   (c)  Who  may waive the privilege. The privilege may only be waived if
 the client, the personal representative of a deceased client, or, in the
 case of a client who has been adjudicated  incompetent  or  for  whom  a
 conservator  has  been  appointed, the committee or conservator provides
 the [rape] SEXUAL BATTERY crisis counselor or domestic violence advocate
 with informed, written and reasonably time-limited consent.
   (d) Limitation on waiver. A client who, for the purposes of  obtaining
 compensation  under article twenty-two of the executive law or insurance
 benefits, authorizes the disclosure of any privileged  communication  to
 an  employee  of the office of victim services or an insurance represen-
 tative shall not be deemed to have waived the privilege created by  this
 section.
   §  38. Paragraph (A) of subdivision 1 of section 111-a of the domestic
 relations law, as amended by chapter 828 of the laws of 2022, is amended
 to read as follows:
   (A) [rape] SEXUAL BATTERY in first or second degree;
   § 39. Paragraph (b) of subdivision 3-a of section 115-d of the  domes-
 tic  relations  law,  as  amended by chapter 623 of the laws of 2008, is
 amended to read as follows:
   (b) Notwithstanding any other provision of  law  to  the  contrary,  a
 petition  for  certification  as  a  qualified  adoptive parent shall be
 denied where a criminal  history  record  of  the  applicant  reveals  a
 conviction  for (i) a felony conviction at any time involving: (1) child
 A. 6399                            21
 
 abuse or neglect; (2) spousal  abuse;  (3)  a  crime  against  a  child,
 including  child pornography; or (4) a crime involving violence, includ-
 ing [rape] SEXUAL BATTERY, sexual assault, or  homicide,  other  than  a
 crime involving physical assault or battery; or (ii) a felony conviction
 within  the past five years for physical assault, battery, or a drug-re-
 lated offense.
   § 40. Clause 1 of subparagraph (A) of paragraph (b) of subdivision 1-c
 of section 240 of the domestic relations law, as amended by chapter  182
 of the laws of 2019, is amended to read as follows:
   (1) [rape] SEXUAL BATTERY in the first or second degree;
   §  41. Subdivision 7 of section 6444 of the education law, as added by
 chapter 76 of the laws of 2015, is amended to read as follows:
   7. Institutions that lack appropriate on-campus resources or  services
 shall, to the extent practicable, enter into memoranda of understanding,
 agreements  or  collaborative partnerships with existing community-based
 organizations, including [rape-crisis] SEXUAL BATTERY-CRISIS centers and
 domestic  violence  shelters  and  assistance  organizations,  to  refer
 students  for assistance or make services available to students, includ-
 ing counseling,  health,  mental  health,  victim  advocacy,  and  legal
 assistance,  which  may  also  include  resources  and  services for the
 respondent.
   § 42. Subdivision 4 of section 7605 of the education law,  as  amended
 by chapter 554 of the laws of 2013, is amended to read as follows:
   4.  The  practice,  conduct,  activities,  or  services  by any person
 licensed or otherwise authorized to practice  nursing  as  a  registered
 professional  nurse  or  nurse practitioner within the state pursuant to
 article one hundred thirty-nine of this title or by any person  licensed
 or  otherwise authorized to practice social work within the state pursu-
 ant to article one hundred fifty-four of this title, or  by  any  person
 licensed  or  otherwise authorized to practice mental health counseling,
 marriage and family therapy, creative arts  therapy,  or  psychoanalysis
 within  the  state  pursuant  to article one hundred sixty-three of this
 title, or any  person  licensed  or  otherwise  authorized  to  practice
 applied  behavior  analysis  within  the  state  pursuant to article one
 hundred sixty-seven of this title or any individual who is  credentialed
 under any law, including attorneys, [rape] SEXUAL BATTERY crisis counse-
 lors,  certified  alcoholism  counselors,  and certified substance abuse
 counselors from providing mental health services within their respective
 established authorities.
   § 43. Paragraph (a) of subdivision 5 of section 7706 of the  education
 law,  as added by chapter 420 of the laws of 2002, is amended to read as
 follows:
   (a) any individual who is credentialed under any law, including attor-
 neys, [rape] SEXUAL BATTERY crisis counselors,  credentialed  alcoholism
 and  substance  abuse  counselors  whose  scope of practice includes the
 practices defined in section seventy-seven hundred one of  this  article
 from  performing  or  claiming  to perform work authorized by applicable
 provisions of this chapter and the mental hygiene law;
   § 44. Subdivision 2 of section 8410 of the education law, as added  by
 chapter 676 of the laws of 2002, is amended to read as follows:
   2. Prohibit or limit any individual who is credentialed under any law,
 including  attorneys, [rape] SEXUAL BATTERY crisis counselors, certified
 alcoholism counselors and  certified  substance  abuse  counselors  from
 providing  mental  health  services  within their respective established
 authorities.
 A. 6399                            22
 
   § 45. Clause (ii) of subparagraph 2 of paragraph (c) of subdivision 22
 of section 296 of the executive law, as added by chapter 176 of the laws
 of 2019, is amended to read as follows:
   (ii)  Obtaining services from a domestic violence shelter, program, or
 [rape] SEXUAL BATTERY crisis center as a result of domestic violence; or
   § 46. Subdivision 1 and paragraph (a) of subdivision 13 of section 631
 of the executive law, subdivision 1 as separately  amended  by  chapters
 189  and  295 of the laws of 2018 and paragraph (a) of subdivision 13 as
 amended by section 3 of subpart S of part XX of chapter 55 of  the  laws
 of 2020, are amended to read as follows:
   1. No award shall be made unless the office finds that (a) a crime was
 committed,  (b) such crime directly resulted in personal physical injury
 to or the exacerbation of a preexisting  disability,  or  condition,  or
 death  of, the victim, and (c) criminal justice agency records show that
 such crime was promptly reported to the proper authorities;  and  in  no
 case may an award be made where the criminal justice agency records show
 that  such  report  was  made more than one week after the occurrence of
 such crime unless the office, for good cause shown, finds the  delay  to
 have  been  justified.  Notwithstanding the foregoing provisions of this
 subdivision, in cases involving an alleged sex offense as  contained  in
 article  one  hundred  thirty  of  the penal law or incest as defined in
 section 255.25, 255.26 or 255.27 of the penal law or  labor  trafficking
 as  defined  in  section  135.35  of the penal law or sex trafficking as
 defined in sections 230.34 and 230.34-a of the penal law or  an  offense
 chargeable  as  a  family  offense as described in section eight hundred
 twelve of the family court act or section 530.11 of the criminal  proce-
 dure  law, the criminal justice agency report need only be made within a
 reasonable  time  considering  all  the  circumstances,  including   the
 victim's  physical, emotional and mental condition and family situation.
 For the purposes of this subdivision, "criminal  justice  agency"  shall
 include,  but  not be limited to, a police department, a district attor-
 ney's office, and any other governmental  agency  having  responsibility
 for the enforcement of the criminal laws of the state provided, however,
 that  in  cases  involving such sex offense or family offense a criminal
 justice agency shall also mean a family  court,  a  governmental  agency
 responsible for child and/or adult protective services pursuant to title
 six  of article six of the social services law and/or title one of arti-
 cle nine-B of the social services law, and any medical  facility  estab-
 lished  under  the  laws  of the state that provides a forensic physical
 examination for victims of [rape] SEXUAL BATTERY and sexual assault.
   (a) Notwithstanding any other provision of law, rule, or regulation to
 the contrary, when any New York state  accredited  hospital,  accredited
 sexual  assault  examiner  program,  or  licensed  health  care provider
 furnishes services to any sexual assault  survivor,  including  but  not
 limited to a health care forensic examination in accordance with the sex
 offense  evidence  collection  protocol and standards established by the
 department of health, such hospital, sexual assault examiner program, or
 licensed healthcare provider shall provide such services to  the  person
 without  charge  and  shall  bill  the  office  directly. The office, in
 consultation with the department of health, shall  define  the  specific
 services to be covered by the sexual assault forensic exam reimbursement
 fee,  which must include at a minimum forensic examiner services, hospi-
 tal or healthcare facility services related to the exam, and any  neces-
 sary  related  laboratory  tests  or  pharmaceuticals; including but not
 limited to HIV post-exposure prophylaxis provided by a hospital emergen-
 cy room at the time of the forensic [rape]  SEXUAL  BATTERY  examination
 A. 6399                            23
 
 pursuant  to  paragraph  (c)  of subdivision one of section twenty-eight
 hundred five-i of the public health law. For a person eighteen years  of
 age  or  older,  follow-up  HIV  post-exposure  prophylaxis  costs shall
 continue to be reimbursed according to established office procedure. The
 office, in consultation with the department of health, shall also gener-
 ate  the  necessary  regulations  and forms for the direct reimbursement
 procedure.
   § 46-a. Subparagraph (i) of paragraph (c) of subdivision 1 of  section
 631 of the executive law, as added by chapter 84 of the laws of 2024, is
 amended to read as follows:
   (i)  a  governmental agency responsible for child and/or adult protec-
 tive services pursuant to  title  six  of  article  six  of  the  social
 services  law  and/or title one of article nine-B of the social services
 law, and any medical facility established under the laws  of  the  state
 that  provides  a  forensic  physical  examination for victims of [rape]
 SEXUAL BATTERY and sexual assault; or
   § 47. Paragraph (b) of subdivision 1 of section 641 of  the  executive
 law,  as  added by chapter 94 of the laws of 1984, is amended to read as
 follows:
   (b) availability  of  appropriate  public  or  private  programs  that
 provide  counseling,  treatment  or support for crime victims, including
 but not limited to the following:  [rape] SEXUAL BATTERY crisis centers,
 victim/witness assistance  programs,  elderly  victim  services,  victim
 assistance hotlines and domestic violence shelters;
   §  48. Subdivision 2-a of section 642 of the executive law, as amended
 by chapter 301 of the laws of 1991, paragraph (a) as amended by  chapter
 320 of the laws of 2006, is amended to read as follows:
   2-a.  (a)  All police departments, as that term is defined in subdivi-
 sion a of section eight hundred thirty-seven-c of this chapter, district
 attorneys' offices and presentment agencies, as that term is defined  in
 subdivision  twelve  of  section  301.2  of  the family court act, shall
 provide a private setting for interviewing victims of a crime defined in
 article one hundred thirty or section 255.25, 255.26 or  255.27  of  the
 penal  law.  For  purposes  of this subdivision, "private setting" shall
 mean an enclosed room from which the occupants are not visible or other-
 wise identifiable, and whose conversations cannot be heard, from outside
 such room. Only (i) those persons directly and  immediately  related  to
 the interviewing of a particular victim, (ii) the victim, (iii) a social
 worker,  [rape]  SEXUAL  BATTERY crisis counselor, psychologist or other
 professional providing emotional  support  to  the  victim,  unless  the
 victim objects to the presence of such person and requests the exclusion
 of  such  person  from  the  interview,  and (iv) where appropriate, the
 parent or parents of the victim, if requested by the  victim,  shall  be
 present during the interview of the victim.
   (b)  All  police departments, as that term is defined in subdivision a
 of section eight hundred thirty-seven-c of this chapter,  shall  provide
 victims  of  a  crime defined in article one hundred thirty of the penal
 law with the name, address, and telephone of the nearest  [rape]  SEXUAL
 BATTERY crisis center in writing.
   §  49.  The  opening  paragraph  of  paragraph (a) of subdivision 4 of
 section 840 of the executive law, as added by chapter 506 of the laws of
 2011, is amended to read as follows:
   (a) Develop, maintain and disseminate,  in  consultation  with  [rape]
 SEXUAL  BATTERY  crisis centers experienced in assisting victims in this
 state,  written  policies  and  procedures  consistent  with  applicable
 provisions  of  the  family  court act, domestic relations law, criminal
 A. 6399                            24
 
 procedure law and the penal law,  regarding  the  investigation  of  and
 intervention  by  new  and  veteran  police officers in crimes involving
 sexual assault. Such policies and procedures shall make  provisions  for
 education  and training of new and veteran police officers in the inves-
 tigation and enforcement of crimes involving sexual assault under  state
 law, including but not limited to:
   §  50.  The opening paragraph of subdivision (b) of section 117 of the
 family court act, as amended by chapter 23  of  the  laws  of  2024,  is
 amended to read as follows:
   For  every juvenile delinquency proceeding under article three involv-
 ing an allegation of an act committed by a person which, if done  by  an
 adult,  would  be  a crime (i) defined in sections 125.27 (murder in the
 first degree); 125.25 (murder in the second degree); 135.25  (kidnapping
 in the first degree); or 150.20 (arson in the first degree) of the penal
 law  committed  by  a  person  thirteen,  fourteen, fifteen, sixteen, or
 seventeen years of age; or such conduct committed as  a  sexually  moti-
 vated  felony,  where authorized pursuant to section 130.91 of the penal
 law; (ii) defined in sections 120.10  (assault  in  the  first  degree);
 125.20 (manslaughter in the first degree); 130.35 ([rape] SEXUAL BATTERY
 in the first degree); former section 130.50; sections 130.70 (aggravated
 sexual  abuse  in  the  first  degree); 135.20 (kidnapping in the second
 degree), but only where the abduction involved the use or threat of  use
 of deadly physical force; 150.15 (arson in the second degree); or 160.15
 (robbery  in  the  first  degree) of the penal law committed by a person
 thirteen, fourteen, fifteen, sixteen, or seventeen years of age; or such
 conduct committed as  a  sexually  motivated  felony,  where  authorized
 pursuant  to section 130.91 of the penal law; (iii) defined in the penal
 law as an attempt to commit murder in the  first  or  second  degree  or
 kidnapping in the first degree committed by a person thirteen, fourteen,
 fifteen,  sixteen,  or seventeen years of age; or such conduct committed
 as a sexually 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 sexually motivated felony, where
 authorized pursuant to section 130.91 of the penal law; (v)  defined  in
 section  120.05 (assault in the second degree) or 160.10 (robbery in the
 second degree) of the penal law committed by a person fourteen, fifteen,
 sixteen, or seventeen years of age but only where there has been a prior
 finding by a court that such person  has  previously  committed  an  act
 which,  if  committed  by an adult, would be the crime of assault in the
 second degree, robbery in the second degree or any designated felony act
 specified in clause (i), (ii) or (iii) of this subdivision regardless of
 the age of such person at the time of the commission of the  prior  act;
 or  (vi) other than a misdemeanor, committed by a person at least twelve
 but less than eighteen years of age, but only where there have been  two
 prior  findings  by the court that such person has committed a prior act
 which, if committed by an adult, would be a felony:
   § 51. Subdivision 8 of section 301.2  of  the  family  court  act,  as
 amended  by  chapter  38  of  the  laws  of  2022, is amended to read as
 follows:
 A. 6399                            25
 
   8. "Designated felony act" means an act which, if done  by  an  adult,
 would  be  a  crime: (i) defined in sections 125.27 (murder in the first
 degree); 125.25 (murder in the second degree); 135.25 (kidnapping in the
 first degree); or 150.20 (arson in the first degree) of  the  penal  law
 committed by a person thirteen, fourteen, fifteen, sixteen, or seventeen
 years  of age; or such conduct committed as a sexually motivated felony,
 where authorized pursuant to section  130.91  of  the  penal  law;  (ii)
 defined  in  sections  120.10  (assault  in  the  first  degree); 125.20
 (manslaughter in the first degree); 130.35 [(rape]  (SEXUAL  BATTERY  in
 the  first  degree);  130.50  (criminal sexual act in the first degree);
 130.70 (aggravated sexual abuse in the first degree); 135.20 (kidnapping
 in the second degree) but only where the abduction involved the  use  or
 threat  of  use  of  deadly  physical force; 150.15 (arson in the second
 degree) or 160.15 (robbery in the first degree) of the penal law commit-
 ted by a person thirteen, fourteen, fifteen, sixteen, or seventeen years
 of age; or such conduct committed as a sexually motivated felony,  where
 authorized pursuant to section 130.91 of the penal law; (iii) defined in
 the  penal  law  as  an  attempt to commit murder in the first or second
 degree or kidnapping in the first degree committed by a person thirteen,
 fourteen, fifteen, sixteen, or seventeen years of age; or  such  conduct
 committed  as  a sexually motivated felony, where authorized pursuant to
 section 130.91  of  the  penal  law;  (iv)  defined  in  section  140.30
 (burglary  in  the  first  degree);  subdivision  one  of section 140.25
 (burglary in the second  degree);  subdivision  two  of  section  160.10
 (robbery  in  the  second degree) of the penal law; or section 265.03 of
 the penal law, where such machine gun or such firearm  is  possessed  on
 school  grounds,  as  that  phrase is defined in subdivision fourteen of
 section 220.00 of the penal law committed by a person fourteen, fifteen,
 sixteen, or seventeen years of age; or such conduct committed as a sexu-
 ally motivated felony, where authorized pursuant to  section  130.91  of
 the  penal  law;  (v)  defined  in section 120.05 (assault in the second
 degree) or 160.10 (robbery in  the  second  degree)  of  the  penal  law
 committed  by  a person fourteen, fifteen, sixteen or seventeen years of
 age but only where there has been a prior finding by a court  that  such
 person  has previously committed an act which, if committed by an adult,
 would be the crime of assault in  the  second  degree,  robbery  in  the
 second  degree  or any designated felony act specified in paragraph (i),
 (ii), or (iii) of this subdivision regardless of the age of such  person
 at the time of the commission of the prior act; (vi) other than a misde-
 meanor  committed  by  a  person  at least twelve but less than eighteen
 years of age, but only where there have been two prior findings  by  the
 court  that such person has committed a prior act which, if committed by
 an adult, would be a felony.
   § 52. Subdivision 4 of section 308.1  of  the  family  court  act,  as
 amended  by  chapter  23  of  the  laws  of  2024, is amended to read as
 follows:
   4. The probation service shall not adjust a case in  which  the  child
 has  allegedly committed a delinquent act which would be a crime defined
 in section 120.25, (reckless endangerment in the first degree), subdivi-
 sion one of section 125.15, (manslaughter in the second degree),  subdi-
 visions  one, two and three of section 130.25, ([rape] SEXUAL BATTERY in
 the third degree), subdivision one of former section 130.40, subdivision
 one or two of section  130.65,  (sexual  abuse  in  the  first  degree),
 section   135.65,  (coercion  in  the  first  degree),  section  140.20,
 (burglary in the third degree), section  150.10,  (arson  in  the  third
 degree), section 160.05, (robbery in the third degree), subdivision two,
 A. 6399                            26
 
 three or four of section 265.02, (criminal possession of a weapon in the
 third  degree),  section 265.03, (criminal possession of a weapon in the
 second degree), or section 265.04, (criminal possession of  a  dangerous
 weapon  in the first degree) of the penal law where the child has previ-
 ously had one or more adjustments of a case in which such child alleged-
 ly committed an act which would be a crime specified in this subdivision
 unless it has received written approval from the court and the appropri-
 ate presentment agency.
   § 53. Paragraph (vii) of subdivision (a) of section 1046 of the family
 court act, as amended by chapter 432 of the laws of 1993, is amended  to
 read as follows:
   (vii)  neither  the privilege attaching to confidential communications
 between [husband and wife] SPOUSES, as set forth in  section  forty-five
 hundred  two  of the civil practice law and rules, nor the physician-pa-
 tient and related privileges, as set forth in section forty-five hundred
 four of the civil practice law and rules,  nor  the  psychologist-client
 privilege, as set forth in section forty-five hundred seven of the civil
 practice  law  and rules, nor the social worker-client privilege, as set
 forth in section forty-five hundred eight of the civil practice law  and
 rules,  nor the [rape] SEXUAL BATTERY crisis counselor-client privilege,
 as set forth in section forty-five hundred ten of the civil practice law
 and rules, shall be a ground  for  excluding  evidence  which  otherwise
 would be admissible.
   §  54. Subparagraph 5 of paragraph a of subdivision 2 of section 654-a
 of the general business law, as amended by chapter 17  of  the  laws  of
 2013, is amended to read as follows:
   (5)  the  purchaser  of  a  contract signed by more than one purchaser
 provides to the operator a copy of any  of  the  following,  within  six
 months of its issuance, involving domestic violence by another signatory
 of the same contract: (A) a valid domestic violence incident report form
 as  such term is defined in subdivision fifteen of section eight hundred
 thirty-seven of the executive law; (B) a  valid  police  report;  (C)  a
 valid  order  of  protection;  or (D) a signed affidavit from a licensed
 medical or mental health care provider, employee of a court acting with-
 in the scope of [his or her] THEIR employment, social worker,  a  [rape]
 SEXUAL BATTERY crisis counselor as defined in section forty-five hundred
 ten of the civil practice law and rules, or advocate acting on behalf of
 an  agency  that  assists domestic violence victims. Paragraph d of this
 subdivision shall not apply to a purchaser canceling under this subpara-
 graph. A claim for termination under this subparagraph shall be made  in
 good  faith.  Termination under this subparagraph shall require, and the
 provision of any of the items in (A) through (D) of  this  subparagraph,
 for  the purposes of this subparagraph, shall be presumptive evidence of
 the continued existence of a substantial risk of physical  or  emotional
 harm to the purchaser or purchaser's child.
   §  55. Section 4 of the judiciary law, as amended by chapter 23 of the
 laws of 2024, is amended to read as follows:
   § 4. Sittings of courts to be public.  The  sittings  of  every  court
 within  this  state shall be public, and every citizen may freely attend
 the same, except that  in  all  proceedings  and  trials  in  cases  for
 divorce, seduction, [rape] SEXUAL BATTERY, assault with intent to commit
 [rape]  SEXUAL BATTERY, bastardy, filiation, or a crime formerly defined
 in sections 130.50, 130.45, and 130.40 of the penal law, the court  may,
 in  its  discretion,  exclude therefrom all persons who are not directly
 interested therein, excepting jurors, witnesses,  and  officers  of  the
 court.
 A. 6399                            27
 
   § 56. Clause (a) of subparagraph (iii) of paragraph a of subdivision 4
 of  section  196-b  of the labor law, as added by section 1 of part J of
 chapter 56 of the laws of 2020, is amended to read as follows:
   (a) to obtain services from a domestic violence shelter, [rape] SEXUAL
 BATTERY crisis center, or other services program;
   § 57. Subdivision 15 of section 206 of the public health law, as added
 by chapter 432 of the laws of 1993, is amended to read as follows:
   15.  (a) The commissioner shall promulgate rules and regulations which
 establish:
   (i) procedures to review and  approve  [rape]  SEXUAL  BATTERY  crisis
 programs  that  provide training to [rape] SEXUAL BATTERY crisis counse-
 lors as defined in section four thousand five hundred ten of  the  civil
 practice law and rules;
   (ii) minimum training standards for [rape] SEXUAL BATTERY crisis coun-
 selors;
   (iii)  procedures  to  enable  approved  [rape]  SEXUAL BATTERY crisis
 programs to certify current and  future  [rape]  SEXUAL  BATTERY  crisis
 counselors,  including volunteer counselors, provided such [rape] SEXUAL
 BATTERY crisis counselors have met the minimum training standards as set
 forth in this subdivision; and
   (iv) procedures to periodically review approved training  programs  to
 assure they continue to satisfy established standards.
   (b) [Rape] SEXUAL BATTERY crisis programs approved by the commissioner
 shall  provide  training programs consisting of at least thirty hours of
 pre-service training and within the first year of service at  least  ten
 hours  of  in-service  training for [rape] SEXUAL BATTERY crisis counse-
 lors. This training shall include but not be limited to, instruction  on
 the following:
   (i) the dynamics of sexual offenses, sexual abuses or incest;
   (ii) crisis intervention techniques;
   (iii) client-counselor confidentiality requirements;
   (iv) communication skills and intervention techniques;
   (v) an overview of the state criminal justice system;
   (vi)  an  update  and  review of state laws on sexual offenses, sexual
 abuse or incest;
   (vii) the availability of state and community resources for clients;
   (viii) working with a diverse population;
   (ix) an overview of child abuse and  maltreatment  identification  and
 reporting responsibilities; and
   (x)  information  on  the availability of medical and legal assistance
 for such clients.
   (c) The department shall  provide  technical  assistance  to  approved
 [rape]  SEXUAL BATTERY crisis programs to implement training programs in
 accordance with the minimum standards set forth in this subdivision.
   § 58. The article heading of article 6-A of the public health law,  as
 added by chapter 1 of the laws of 2000, is amended to read as follows:
          [RAPE] SEXUAL BATTERY CRISIS INTERVENTION AND PREVENTION
                                  PROGRAM
   §  59.  Section 695 of the public health law, as added by chapter 1 of
 the laws of 2000, is amended to read as follows:
   § 695. Short title. This article shall be known and may  be  cited  as
 the  ["rape]  "SEXUAL  BATTERY crisis intervention and prevention act of
 two thousand".
   § 60. Subdivisions 1, 5, 6, 7, 8 and 9 of section 695-a of the  public
 health  law, as added by chapter 1 of the laws of 2000 and subdivision 9
 A. 6399                            28
 
 as amended by chapter 264 of the laws of 2003, are amended  to  read  as
 follows:
   1. ["Rape] "SEXUAL BATTERY crisis intervention and prevention program"
 means  any  program  which  has been approved by the department offering
 counseling and assistance to clients  concerning  sex  offenses,  sexual
 abuse, or incest.
   5.  "Client"  means  any person seeking or receiving the services of a
 [rape] SEXUAL BATTERY crisis counselor for the purpose of securing coun-
 seling or assistance concerning any sex offense, sexual  abuse,  incest,
 or attempt to commit a sex offense, sexual abuse, or incest.
   6.  "Hotline"  means  twenty-four-hour access to [rape] SEXUAL BATTERY
 crisis intervention and prevention services including telephone  hotline
 and telephone counseling capabilities.
   7.  "Community prevention" means public education projects designed to
 encourage victim  use  of  [rape]  SEXUAL  BATTERY  crisis  intervention
 services,  educating  the  general  public  about  the  availability and
 significance of [rape]  SEXUAL  BATTERY  crisis  intervention  services,
 providing  sex  offense,  sexual abuse or incest prevention and personal
 safety information, providing other education programs  which  sensitize
 service  providers  and  the  general  public  about  the  nature of sex
 offenses, sexual abuse or incest and the needs of  survivors  of  a  sex
 offense,  sexual  abuse or incest. "Community prevention" also means and
 includes public education projects designed to teach the general  public
 about  the  problem of acquaintance [rape] SEXUAL BATTERY, including but
 not limited to: (a) the importance of promptly respecting  the  decision
 of  another person not to engage in sexual conduct; and (b) the right of
 every individual to make such a decision and have it respected.
   8. "Recruitment and training  programs"  means  programs  designed  to
 recruit  and train staff or volunteers in a [rape] SEXUAL BATTERY crisis
 intervention and prevention program as well as training or education  to
 other agencies participating in a community support system.
   9. "Accompaniment services" means services that assure the presence of
 a  trained [rape] SEXUAL BATTERY crisis worker to assist and support the
 client, at hospitals,  law  enforcement  agencies,  district  attorneys'
 offices, courts and other agencies.
   §  61.  Subdivision  1  of  section 695-b of the public health law, as
 added by chapter 1 of the laws of 2000, is amended to read as follows:
   1. The department is hereby authorized  to  contract,  within  amounts
 appropriated,  for  the provision of [rape] SEXUAL BATTERY crisis inter-
 vention and prevention programs as provided herein.  Rules,  regulations
 and guidelines as shall be necessary or appropriate to assure successful
 implementation of this program shall be promulgated by the department.
   § 62. Paragraph (b) of subdivision 1, subdivision 3, subparagraph 3 of
 paragraph  (a)  and  subparagraph 3 of paragraph (b) of subdivision 4-b,
 subdivision 5, and subparagraph 1 of paragraph (a) of subdivision  6  of
 section  2805-i of the public health law, paragraph (b) of subdivision 1
 as separately amended by section 1 of subpart S and section 2 of subpart
 A of part XX of chapter 55 of the laws of 2020, subdivision 3 as amended
 by chapter 504 of the laws of 1994, subparagraph 3 of paragraph  (a)  of
 subdivision  4-b  as  added and subdivision 5 as amended by chapter 1 of
 the laws of 2000, subparagraph 3 of paragraph (b) of subdivision 4-b  as
 amended  by section 3 and subparagraph 1 of paragraph (a) of subdivision
 6 as amended by section 4 of subpart A of part XX of chapter 55  of  the
 laws of 2020, are amended to read as follows:
   (b)  informing  sexual  offense  victims of the availability of [rape]
 SEXUAL BATTERY crisis and local victim assistance organizations, if any,
 A. 6399                            29
 
 in the geographic area served by the hospital, and contacting  a  [rape]
 SEXUAL  BATTERY crisis or local victim assistance organization to estab-
 lish the coordination of non-medical services, including but not limited
 to  transportation  within  the geographic area served by that organiza-
 tion, upon the conclusion of initial medical services,  free  of  charge
 from  the  medical  facility  to sexual offense victims who request such
 coordination and services;
   3. Upon admittance or commencement of treatment of the alleged  sexual
 offense victim, the hospital shall advise the victim of the availability
 of  the  services  of  a  local  [rape]  SEXUAL BATTERY crisis or victim
 assistance organization, if any, to accompany  the  victim  through  the
 sexual  offense  examination.  If after receiving such advice the sexual
 offense victim wishes the presence of a [rape] SEXUAL BATTERY crisis  or
 victim  assistance  advocate, the hospital shall contact the appropriate
 organization and request that one be provided, provided,  however,  that
 if  in the professional judgment of the treating practitioner a delay in
 treatment is detrimental to the provision  of  medical  treatment,  then
 examination or treatment need not be delayed pending the arrival of such
 advocate and further provided that the presence or continued presence of
 such advocate does not interfere with the provision of necessary medical
 care to the victim.
   (3)  the  capacity  of  the  hospital  site to coordinate services for
 victims of sexual offenses including medical  treatment,  [rape]  SEXUAL
 BATTERY   crisis  counseling,  psychological  support,  law  enforcement
 assistance and forensic evidence collection;
   (3) Promptly after the examination is completed, the victim  shall  be
 permitted  to shower, be provided with a change of clothing, be informed
 that a [rape] SEXUAL BATTERY crisis or  victim  assistance  organization
 providing victim assistance to the geographic area served by that hospi-
 tal  is  available  to provide transportation within the geographic area
 served by that organization, upon  the  conclusion  of  initial  medical
 services,  free of charge from the medical facility, and receive follow-
 up information, counseling, medical treatment and referrals for same.
   5. The commissioner shall promulgate such rules and regulations as may
 be necessary and proper to carry out effectively the provisions of  this
 section.  Prior  to promulgating such rules and regulations, the commis-
 sioner shall consult with relevant police agencies,  forensic  laborato-
 ries,  [rape]  SEXUAL  BATTERY crisis centers, hospitals, and other such
 persons as the commissioner deems necessary. Such rules and  regulations
 shall  identify  the offenses subject to the provisions of this section,
 provide a specific definition of sexual  offense  evidence  and  require
 each hospital to contact its local police agency and forensic laboratory
 to determine their specific needs or requirements.
   (1)  consult with a local [rape] SEXUAL BATTERY crisis or local victim
 assistance organization, to have a representative of  such  organization
 accompany  the  victim  through  the sexual offense examination, to have
 such an organization be summoned by the medical facility, police agency,
 prosecutorial  agency  or  other  law  enforcement  agency  before   the
 commencement  of the physical examination or interview, pursuant to this
 section, and to have such organization provide transportation within the
 geographic area served by that organization, free  of  charge  from  the
 medical  facility  to  sexual  offense victims who request such services
 upon discharge;
   § 63. Section 2805-p of the public health law, as added by chapter 625
 of the laws of 2003, is amended to read as follows:
 A. 6399                            30
 
   § 2805-p. Emergency treatment of [rape] SEXUAL BATTERY  survivors.  1.
 As used in this section:
   (a)  "Emergency  contraception"  shall  mean  one or more prescription
 drugs used separately or in combination to be administered  or  self-ad-
 ministered  by  a patient to prevent pregnancy within a medically recom-
 mended amount of time after sexual intercourse and  dispensed  for  that
 purpose in accordance with professional standards of practice and deter-
 mined by the United States Food and Drug Administration to be safe.
   (b) "Emergency treatment" shall mean any medical examination or treat-
 ment  provided by a hospital to a [rape] SEXUAL BATTERY survivor follow-
 ing an alleged [rape] SEXUAL BATTERY.
   (c) ["Rape"] "SEXUAL BATTERY" shall mean any act  defined  in  section
 130.25, 130.30 or 130.35 of the penal law.
   (d)  ["Rape]  "SEXUAL  BATTERY  survivor" or "survivor" shall mean any
 [female] person who alleges or is alleged to have been [raped]  SEXUALLY
 BATTERED and who presents as a patient.
   2.  Every  hospital  providing  emergency treatment to a [rape] SEXUAL
 BATTERY survivor shall promptly:
   (a)  provide  such  survivor  with  written  information  prepared  or
 approved,  pursuant  to  subdivision  three of this section, relating to
 emergency contraception;
   (b) orally inform such  survivor  of  the  availability  of  emergency
 contraception, its use and efficacy; and
   (c) provide emergency contraception to such survivor, unless contrain-
 dicated, upon [her] SUCH SURVIVOR'S request. No hospital may be required
 to  provide  emergency contraception to a [rape] SEXUAL BATTERY survivor
 who is pregnant.
   3. The commissioner shall develop, prepare and  produce  informational
 materials  relating  to  emergency contraception for distribution to and
 use in all hospitals in the state, in quantities  sufficient  to  comply
 with the requirements of this section. The commissioner may also approve
 informational  materials  from  medically  recognized  sources  for  the
 purposes of this section. Such informational material shall be in  clear
 and  concise  language,  readily  comprehensible,  in such varieties and
 forms as the commissioner shall deem necessary to  inform  survivors  in
 English  and  languages other than English. Such materials shall explain
 the nature of emergency contraception including its use and efficacy.
   4. The commissioner shall promulgate all such rules and regulations as
 may be necessary and proper to implement the provisions of this section.
   § 64. Paragraph (b) of subdivision 20 of section  131  of  the  social
 services law, as added by chapter 427 of the laws of 2009, is amended to
 read as follows:
   (b) [rape] SEXUAL BATTERY crisis centers; and
   §  65.  Clause (A) of subparagraph 1 of paragraph (e) of subdivision 2
 of section 378-a of the social services law, as amended by chapter 92 of
 the laws of 2021, is amended to read as follows:
   (A) a felony conviction at any time  involving:  (i)  child  abuse  or
 neglect;  (ii)  spousal  abuse; (iii) a crime against a child, including
 child pornography; or (iv) a crime involving violence, including  [rape]
 SEXUAL  BATTERY, sexual assault, or homicide, other than a crime involv-
 ing physical assault or battery; or
   § 66. Paragraph (a) of subdivision 1 of section 384-c  of  the  social
 services  law, as amended by chapter 828 of the laws of 2022, is amended
 to read as follows:
   (a) [rape] SEXUAL BATTERY in first or second degree;
 A. 6399                            31
 
   § 67. Section 6-125 of the administrative code  of  the  city  of  New
 York,  as  added by local law number 26  of the city of New York for the
 year 2003, is amended to read as follows:
   § 6-125. SEXUAL BATTERY VICTIM TREATMENTS. a. For the purposes of this
 section only, the following terms shall have the following meanings:
   (1)  "City  agency"  means  a  city,  county, borough, administration,
 department, division bureau, board  or  commission,  or  a  corporation,
 institution  or  agency  of government the expenses of which are paid in
 whole or in part from the city  treasury,  but  shall  not  include  the
 health and hospitals corporation.
   (2) "Covered agreement" means any agreement, including but not limited
 to, memoranda of understanding, and excluding contracts, entered into on
 or  after  the  effective date of the local law that added this section,
 between a hospital and a city agency.
   (3) "Covered contract" means any contract entered into on or after the
 effective date of the local law  that  added  this  section,  between  a
 hospital and a city agency.
   (4)  "Emergency  contraception"  shall  mean  one or more prescription
 drugs, used separately or in combination, to be administered to or self-
 administered by a patient in a dosage and  manner  intended  to  prevent
 pregnancy  when  used  within  a  medically  recommended  amount of time
 following sexual intercourse and dispensed for that purpose  in  accord-
 ance  with  professional standards of practice, and which has been found
 safe and effective for such use by  the  United  States  food  and  drug
 administration.
   (5)  "Hospital" means any facility operating pursuant to article 28 of
 the public health law which provides emergency medical care.
   (6) ["Rape] "SEXUAL BATTERY victim"  means  any  [female]  person  who
 alleges  or  is  alleged  to  have  been  [raped]  SEXUALLY BATTERED and
 presents to a hospital.
   b. No city agency shall enter into  a  covered  agreement  or  covered
 contract  with  any  hospital  that does not contain a provision whereby
 such hospital agrees to inform [rape] SEXUAL BATTERY victims  presenting
 to  its emergency department of the availability of emergency contracep-
 tion and, if requested, to administer, if  medically  appropriate,  such
 contraception in a timely manner.
   c.  No  city  agency  shall  enter into a covered agreement or covered
 contract with any hospital that does not  contain  a  provision  whereby
 such  hospital  agrees  to  provide  the department of health and mental
 hygiene, on an annual basis, a report indicating the following  informa-
 tion  with  respect  to  each  reporting period: i) the number of [rape]
 SEXUAL BATTERY victims treated in such hospital's emergency  department;
 ii)  the  number of [rape] SEXUAL BATTERY victims treated in such hospi-
 tal's emergency department which were offered  emergency  contraception;
 iii)  the number of [rape] SEXUAL BATTERY victims treated in such hospi-
 tal's emergency department for  whom  the  administration  of  emergency
 contraception was not medically indicated and a brief explanation of the
 contraindication;  and  iv)  the number of times emergency contraception
 was accepted or declined by a [rape] SEXUAL BATTERY  victim  treated  in
 such hospital's emergency department.
   d.  No  city  agency  shall  enter into a covered agreement or covered
 contract with any hospital that does not  contain  a  provision  whereby
 such  hospital  agrees  to  provide  the department of health and mental
 hygiene with a copy of its protocol for treatment of victims  of  sexual
 assault,  which  hospitals are required to establish pursuant to section
 405.19 of title 10 of the codes, rules and regulations of the  state  of
 A. 6399                            32
 
 New  York;  provided  however,  that  such hospital shall be required to
 provide such protocol upon amendment or renewal of a  covered  agreement
 or  covered  contract  only  if such protocol has been amended since the
 date  such  hospital  initially  entered  into such covered agreement or
 covered contract.
   e. A hospital shall be liable for a civil penalty  of  not  less  than
 five  thousand  dollars upon a determination that such hospital has been
 found, through litigation or arbitration, to have  made  a  false  claim
 with  respect  to  its provision of information to [rape] SEXUAL BATTERY
 victims regarding the availability of  emergency  contraception  or  its
 provision  of emergency contraception, if medically indicated, to [rape]
 SEXUAL BATTERY victims in a timely manner.
   § 68. Paragraphs 22, 23 and 24 of subdivision b  and  paragraph  8  of
 subdivision c of section 9-156 of the administrative code of the city of
 New  York,  as added by local law number 21  of the city of New York for
 the year 2019, are amended to read as follows:
   22. Whether a [rape] SEXUAL BATTERY kit was administered, declined  or
 not applicable;
   23.  If a [rape] SEXUAL BATTERY kit was deemed not applicable, whether
 that determination was the result of a delay in reporting,  due  to  the
 type of abuse alleged to have occurred, or any other reason;
   24. Whether a sexual assault nurse examiner or sexual assault response
 team  was  present  during the administration of a [rape] SEXUAL BATTERY
 kit; and
   8. Whether the alleged victim was referred to trauma or [rape]  SEXUAL
 BATTERY  crisis  services  following  the  incident  and  if  the victim
 accepted or declined such services while in custody;
   § 69. Paragraph 2 of subdivision a of section 14-150 of  the  adminis-
 trative  code of the city of New York, as amended by local law number 29
 of the city of New York for  the  year  2024,  is  amended  to  read  as
 follows:
   2.  A  crime status report. Such report shall include the total number
 of crime complaints (categorized by class of crime,  indicating  whether
 the  crime is a misdemeanor or felony) for each patrol precinct, includ-
 ing a subset of housing bureau and transit bureau complaints within each
 precinct; arrests (categorized by class of crime, indicating whether the
 arrest is for a misdemeanor or felony) for each patrol precinct, housing
 police service area, transit district, street crime unit  and  narcotics
 division;  summons  activity (categorized by type of summons, indicating
 whether the summons is a parking violation, moving  violation,  environ-
 mental  control board notice of violation, or criminal summons) for each
 patrol precinct, housing  police  service  area  and  transit  district;
 domestic  violence radio runs for each patrol precinct; average response
 time for critical  and  serious  crimes  in  progress  for  each  patrol
 precinct.  Such report shall also include the total number of complaints
 of all sex offenses as defined in article 130 of the  [New  York  state]
 penal law, in total and disaggregated by the following offenses:  [rape]
 SEXUAL BATTERY as defined in sections 130.25, 130.30, and 130.35; crimi-
 nal sexual act as defined in sections 130.40, 130.45, and 130.50; misde-
 meanor  sex  offenses as defined in sections 130.20, 130.52, 130.55, and
 130.60; sexual abuse as defined in sections  130.65,  130.65-a,  130.66,
 130.67,  and 130.70; course of sexual conduct against a child as defined
 in sections 130.75 and 130.80; and predatory sexual assault  as  defined
 in  sections 130.95 and 130.96. Such report shall also include the total
 number of major felony crime complaints for  all  properties  under  the
 jurisdiction of the department of parks and recreation.
 A. 6399                            33
 
   §  70.  Paragraph 3 of subdivision a of section 14-161 of the adminis-
 trative code of the city of New York, as added by local law  number  110
 of  the  city  of  New  York  for  the  year 2016, is amended to read as
 follows:
   3. the number of reported [rapes] SEXUAL BATTERIES related to domestic
 violence;
   §  71.  Paragraph 2 of subdivision b of section 14-171 of the adminis-
 trative code of the city of New York, as added by local law number 42 of
 the city of New York for the year 2018, is amended to read as follows:
   2. [Rape] SEXUAL BATTERY as defined in article 130 of the penal law;
   § 72. Subdivision b of section 14-180 of the  administrative  code  of
 the  city  of  New York, as added by local law number 194 of the city of
 New York for the year 2018, is amended to read as follows:
   b. Special victims training program. The department, after considering
 information from outside experts, shall develop and implement a  victim-
 centered  special  victims  training  program designed to develop skills
 related to the investigation of sexual crimes and the specific needs  of
 victims  of  sexual  crimes.  The  curriculum  shall consider nationally
 recognized best practices and factors  contributing  to  the  additional
 complexity  of  sexual  assault  investigations  including  the depth of
 victimization, the negative social consequences of sexual  assault,  the
 trauma  and  neurobiological  damage  inflicted  by  sexual assault, the
 complexity of victim  management,  the  falsity  or  partially  truthful
 disclosure  of  complaints, the large unreported rate of sexual assaults
 and any other training deemed relevant to sexual assault  cases  by  the
 commissioner.  Such  program shall include the following training compo-
 nents: the Forensic Experiential Trauma  Interview  method,  specialized
 investigative  training  for sexual assault cases including non-stranger
 sexual assault and controlled communications,  district  attorney  based
 training  related  to  legal evidentiary standards and penal law article
 130 crimes, Sexual Assault  Forensic  Examiner  training,  Sex  Offender
 Registration  Act  training,  hospital  based  training, victim advocate
 based training and any other training courses currently offered  by  the
 NYPD  for special victims investigators including but not limited to DNA
 evidence,  investigation  of  complex  cases,  drug-facilitated   sexual
 assault,  neurobiology  of  sexual assault, [rape] SEXUAL BATTERY crisis
 counselor training, peer based investigative process  training,  abusive
 head  trauma  training  and any other training deemed relevant to sexual
 assault cases by the commissioner,  except  that  the  commissioner  may
 eliminate  a  training component or replace a training component with an
 alternative component in order to provide comprehensive  victim-centered
 training. Such program shall include a proficiency examination or demon-
 stration  for  each  training  component  and  shall  be of a length the
 commissioner determines is sufficient to  ensure  that  special  victims
 investigators are capable of utilizing such skills.
   §  73.  Subparagraph  (a)  of  paragraph 1 of subdivision b of section
 20-914 of the administrative code of the city of New York, as amended by
 local law number 97 of the city of  New  York  for  the  year  2020,  is
 amended to read as follows:
   (a) to obtain services from a domestic violence shelter, [rape] SEXUAL
 BATTERY  crisis  center, or other shelter or services program for relief
 from a family offense matter, sexual offense, stalking, or  human  traf-
 ficking;
   §  74.  This  act  shall  take  effect immediately; provided, however,
 section forty-six-a of this act shall take effect on the same  date  and
 in the same manner as chapter 84 of the laws of 2024, takes effect.