Replaces the word rape with the term sexual battery
download bill text pdf| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Mar 04, 2025 |
referred to codes |
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
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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
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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
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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);
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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.
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