S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3339
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 24, 2013
                                      ___________
       Introduced  by  M.  of  A.  SIMOTAS, COLTON, AUBRY, SCARBOROUGH, MARKEY,
         ENGLEBRIGHT, BRAUNSTEIN, DenDEKKER, BRINDISI, MORELLE,  JAFFEE,  MILL-
         MAN,  ZEBROWSKI,  GUNTHER,  LAVINE,  MOYA, TITONE, PERRY, CLARK, COOK,
         ROBERTS, HOOPER, BOYLAND -- Multi-Sponsored by --  M.  of  A.  ARROYO,
         BRENNAN, CORWIN, DUPREY, FINCH, GALEF, GLICK, GOODELL, HIKIND, LOSQUA-
         DRO,  MALLIOTAKIS,  McDONOUGH, MONTESANO, RA, ROBINSON, SCHIMEL, SWEE-
         NEY, WALTER -- read once and referred to the Committee on Codes
       AN ACT  to  amend  the  penal  law,  the  criminal  procedure  law,  the
         correction  law, the social services law, the vehicle and traffic law,
         the family court act, the civil rights law, the civil practice law and
         rules and  the  agriculture  and  markets  law,  in  relation  to  sex
         offenses;  and  to repeal certain provisions of the penal law relating
         thereto
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Sections 130.40, 130.45, 130.50, 130.65-a, 130.66, 130.67
    2  and 130.70 of the penal law are REPEALED.
    3    S 2. Paragraph 2 of subdivision 18 of section 10.00 of the penal  law,
    4  as  amended  by  chapter  7  of  the laws of 2007, is amended to read as
    5  follows:
    6    (2) a person fourteen or fifteen years old who is criminally responsi-
    7  ble for acts constituting the crimes defined in subdivisions one and two
    8  of section 125.25 (murder in the second degree) and in subdivision three
    9  of such section provided that the underlying crime for the murder charge
   10  is one for which such person is criminally responsible;  section  135.25
   11  (kidnapping  in  the  first degree); 150.20 (arson in the first degree);
   12  [subdivisions one and two  of  section  120.10  (assault  in  the  first
   13  degree);  125.20  (manslaughter  in the first degree); [subdivisions one
   14  and] PARAGRAPHS (A) AND (B) OF SUBDIVISION ONE AND  SUBDIVISION  two  of
   15  section  130.35 (rape in the first degree); [subdivisions one and two of
   16  section 130.50 (criminal sexual act in the first degree); 130.70 (aggra-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02734-02-3
       A. 3339                             2
    1  vated sexual abuse in the first degree);] 140.30 (burglary in the  first
    2  degree);  subdivision  one  of  section  140.25  (burglary in the second
    3  degree); 150.15 (arson in the second degree);  160.15  (robbery  in  the
    4  first  degree); subdivision two of section 160.10 (robbery in the second
    5  degree) of this chapter; or section 265.03 of this chapter,  where  such
    6  machine  gun  or  such  firearm  is possessed on school grounds, as that
    7  phrase is defined in subdivision fourteen  of  section  220.00  of  this
    8  chapter;  or  defined  in this chapter as an attempt to commit murder in
    9  the second degree or kidnapping in the first degree, or such conduct  as
   10  a sexually motivated felony, where authorized pursuant to section 130.91
   11  of [the penal law] THIS CHAPTER.
   12    S  3.  Subdivision  2 of section 30.00 of the penal law, as amended by
   13  chapter 7 of the laws of 2007, is amended to read as follows:
   14    2. A person thirteen, fourteen or fifteen years of age  is  criminally
   15  responsible for acts constituting murder in the second degree as defined
   16  in  subdivisions  one and two of section 125.25 and in subdivision three
   17  of such section provided that the underlying crime for the murder charge
   18  is one for which such person  is  criminally  responsible  or  for  such
   19  conduct  as  a  sexually  motivated felony, where authorized pursuant to
   20  section 130.91 [of the penal law]; and  a  person  fourteen  or  fifteen
   21  years  of age is criminally responsible for acts constituting the crimes
   22  defined in section 135.25  (kidnapping  in  the  first  degree);  150.20
   23  (arson  in the first degree); subdivisions one and two of section 120.10
   24  (assault in  the  first  degree);  125.20  (manslaughter  in  the  first
   25  degree);  [subdivisions  one  and] PARAGRAPHS (A) AND (B) OF SUBDIVISION
   26  ONE AND SUBDIVISION two of section 130.35 (rape in  the  first  degree);
   27  [subdivisions  one and two of section 130.50 (criminal sexual act in the
   28  first degree); 130.70 (aggravated sexual abuse in  the  first  degree);]
   29  140.30 (burglary in the first degree); subdivision one of section 140.25
   30  (burglary  in  the  second degree); 150.15 (arson in the second degree);
   31  160.15 (robbery in the first degree); subdivision two of section  160.10
   32  (robbery  in  the  second  degree) of this chapter; or section 265.03 of
   33  this chapter, where such machine gun or such  firearm  is  possessed  on
   34  school  grounds,  as  that  phrase is defined in subdivision fourteen of
   35  section 220.00 of this chapter; or defined in this chapter as an attempt
   36  to commit murder in the second degree or kidnapping in the first degree,
   37  or for such conduct as a sexually  motivated  felony,  where  authorized
   38  pursuant to section 130.91 of [the penal law] OF THIS CHAPTER.
   39    S  4.  Paragraphs  (a),  (b),  (c) and (d) of subdivision 1 of section
   40  70.02 of the penal law, paragraph (a) as amended by chapter 320  of  the
   41  laws  of  2006,  paragraph  (b) as amended by chapter 148 of the laws of
   42  2011, paragraph (c) as amended by chapter 405 of the laws of  2010,  and
   43  paragraph  (d)  as amended by chapter 7 of the laws of 2007, are amended
   44  to read as follows:
   45    (a) Class B violent felony offenses: an attempt to  commit  the  class
   46  A-I  felonies  of  murder  in  the  second  degree as defined in section
   47  125.25, kidnapping in the first degree as defined in section 135.25, and
   48  arson in the first degree as defined in section 150.20; manslaughter  in
   49  the  first  degree as defined in section 125.20, aggravated manslaughter
   50  in the first degree as defined in section  125.22,  rape  in  the  first
   51  degree  as  defined in section 130.35, [criminal sexual act in the first
   52  degree as defined in section 130.50,  aggravated  sexual  abuse  in  the
   53  first  degree  as  defined  in section 130.70,] course of sexual conduct
   54  against a child in the  first  degree  as  defined  in  section  130.75;
   55  assault  in the first degree as defined in section 120.10, kidnapping in
   56  the second degree as defined in section 135.20, burglary  in  the  first
       A. 3339                             3
    1  degree  as  defined  in  section  140.30,  arson in the second degree as
    2  defined in section 150.15, robbery in the first  degree  as  defined  in
    3  section 160.15, incest in the first degree as defined in section 255.27,
    4  criminal  possession  of  a  weapon  in  the  first degree as defined in
    5  section 265.04, criminal use of a firearm in the first degree as defined
    6  in section 265.09, criminal sale of a firearm in  the  first  degree  as
    7  defined in section 265.13, aggravated assault upon a police officer or a
    8  peace  officer  as  defined in section 120.11, gang assault in the first
    9  degree as defined in section 120.07, intimidating a victim or witness in
   10  the first degree as defined in section 215.17, hindering prosecution  of
   11  terrorism  in  the  first  degree as defined in section 490.35, criminal
   12  possession of a chemical weapon  or  biological  weapon  in  the  second
   13  degree  as  defined  in  section  490.40, and criminal use of a chemical
   14  weapon or biological weapon in the third degree as  defined  in  section
   15  490.47  AND ANY OFFENSES COMMITTED UNDER A FORMER SECTION OF ARTICLE ONE
   16  HUNDRED THIRTY OF THIS CHAPTER WHICH WOULD CONSTITUTE A VIOLATION OF THE
   17  AFORESAID SECTIONS OF THIS CHAPTER.
   18    (b) Class C violent felony offenses: an attempt to commit any  of  the
   19  class  B felonies set forth in paragraph (a) of this subdivision; aggra-
   20  vated criminally negligent homicide as defined in section 125.11, aggra-
   21  vated manslaughter in the second degree as defined  in  section  125.21,
   22  [aggravated  sexual  abuse  in  the  second degree as defined in section
   23  130.67] RAPE IN THE SECOND DEGREE AS DEFINED IN SECTION 130.33,  assault
   24  on  a  peace  officer,  police  officer,  fireman  or  emergency medical
   25  services professional as defined in section 120.08, assault on  a  judge
   26  as  defined  in  section  120.09,  gang  assault in the second degree as
   27  defined in section 120.06, strangulation in the first degree as  defined
   28  in  section  121.13, burglary in the second degree as defined in section
   29  140.25, robbery in the second degree as defined in section 160.10, crim-
   30  inal possession of a weapon in the second degree as defined  in  section
   31  265.03,  criminal  use  of  a firearm in the second degree as defined in
   32  section 265.08, criminal sale of a  firearm  in  the  second  degree  as
   33  defined  in section 265.12, criminal sale of a firearm with the aid of a
   34  minor as defined in section 265.14, soliciting or providing support  for
   35  an  act  of  terrorism in the first degree as defined in section 490.15,
   36  hindering prosecution of terrorism in the second degree  as  defined  in
   37  section  490.30, and criminal possession of a chemical weapon or biolog-
   38  ical weapon in the third degree as defined in  section  490.37  AND  ANY
   39  OFFENSES  COMMITTED UNDER A FORMER SECTION OF ARTICLE ONE HUNDRED THIRTY
   40  OF THIS CHAPTER WHICH WOULD CONSTITUTE  A  VIOLATION  OF  THE  AFORESAID
   41  SECTIONS OF THIS CHAPTER.
   42    (c)  Class  D violent felony offenses: an attempt to commit any of the
   43  class C felonies set forth in paragraph (b); reckless assault of a child
   44  as defined in section 120.02, assault in the second degree as defined in
   45  section 120.05, menacing a police officer or peace officer as defined in
   46  section 120.18, stalking in the first degree, as defined in  subdivision
   47  one  of section 120.60, strangulation in the second degree as defined in
   48  section 121.12, rape in the [second] THIRD degree as defined in  section
   49  130.30,  [criminal sexual act in the second degree as defined in section
   50  130.45,] sexual abuse in the first degree as defined in section  130.65,
   51  course of sexual conduct against a child in the second degree as defined
   52  in  section  130.80,  [aggravated  sexual  abuse  in the third degree as
   53  defined in section 130.66,] facilitating a sex offense with a controlled
   54  substance as defined in section 130.90, criminal possession of a  weapon
   55  in  the third degree as defined in subdivision five, six, seven or eight
   56  of section 265.02, criminal sale of a firearm in  the  third  degree  as
       A. 3339                             4
    1  defined  in  section  265.11,  intimidating  a  victim or witness in the
    2  second degree as defined in  section  215.16,  soliciting  or  providing
    3  support  for  an  act  of  terrorism  in the second degree as defined in
    4  section  490.10,  and  making a terroristic threat as defined in section
    5  490.20, falsely reporting an incident in the first degree as defined  in
    6  section 240.60, placing a false bomb or hazardous substance in the first
    7  degree  as  defined in section 240.62, placing a false bomb or hazardous
    8  substance in a sports stadium or arena, mass transportation facility  or
    9  enclosed shopping mall as defined in section 240.63, [and] OR aggravated
   10  unpermitted use of indoor pyrotechnics in the first degree as defined in
   11  section  405.18  AND  ANY  OFFENSES  COMMITTED UNDER A FORMER SECTION OF
   12  ARTICLE ONE HUNDRED THIRTY OF THIS  CHAPTER  WHICH  WOULD  CONSTITUTE  A
   13  VIOLATION OF THE AFORESAID SECTIONS OF THIS CHAPTER.
   14    (d)  Class  E violent felony offenses: an attempt to commit any of the
   15  felonies of criminal possession of a  weapon  in  the  third  degree  as
   16  defined  in subdivision five, six, seven or eight of section 265.02 as a
   17  lesser included offense of that section as defined in section 220.20  of
   18  the  criminal  procedure  law,  persistent  sexual  abuse  as defined in
   19  section 130.53, [aggravated sexual abuse in the fourth degree as defined
   20  in section 130.65-a,] RAPE IN THE FOURTH DEGREE AS DEFINED  IN  SUBDIVI-
   21  SIONS  FOUR AND FIVE OF SECTION 130.25, falsely reporting an incident in
   22  the second degree as defined in section 240.55 [and],  placing  a  false
   23  bomb  or  hazardous substance in the second degree as defined in section
   24  240.61 AND ANY OFFENSES COMMITTED UNDER A FORMER SECTION OF ARTICLE  ONE
   25  HUNDRED THIRTY OF THIS CHAPTER WHICH WOULD CONSTITUTE A VIOLATION OF THE
   26  AFORESAID SECTIONS OF THIS CHAPTER.
   27    S  5. Paragraph b of subdivision 5 of section 120.40 of the penal law,
   28  as amended by chapter 320 of the laws of 2006, is  amended  to  read  as
   29  follows:
   30    b.  a  crime  defined  in  section  130.20,  130.25,  130.30, [130.40,
   31  130.45,] 130.55, 130.60, [130.70,] 255.25, 255.26 or 255.27;
   32    S 6. Paragraph (d) of subdivision 2 and paragraph (h) of subdivision 3
   33  of section 130.05 of the penal law, paragraph (d) of  subdivision  2  as
   34  amended  by chapter 40 of the laws of 2004 and paragraph (h) of subdivi-
   35  sion 3 as amended by section 2 of part G of chapter 501 of the  laws  of
   36  2012, are amended to read as follows:
   37    (d)  Where the offense charged is rape in the [third] FOURTH degree as
   38  defined in subdivision three of section 130.25, [or criminal sexual  act
   39  in  the third degree as defined in subdivision three of section 130.40,]
   40  in addition to forcible compulsion, circumstances under  which,  at  the
   41  time  of  the  act  of  intercourse,  oral sexual conduct or anal sexual
   42  conduct, the victim clearly expressed that he or she did not consent  to
   43  engage  in  such  act,  and a reasonable person in the actor's situation
   44  would have understood such person's words and acts as an  expression  of
   45  lack of consent to such act under all the circumstances.
   46    (h)  a  client  or  patient and the actor is a health care provider or
   47  mental health care provider charged with  rape  in  the  [third]  FOURTH
   48  degree  as  defined in section 130.25, [criminal sexual act in the third
   49  degree as defined in section 130.40,  aggravated  sexual  abuse  in  the
   50  fourth  degree  as  defined in section 130.65-a,] or sexual abuse in the
   51  third degree as defined in section 130.55, and the act of sexual conduct
   52  occurs during a treatment session, consultation, interview, or  examina-
   53  tion; or
   54    S  7.  Subdivision 3 of section 130.10 of the penal law, as amended by
   55  chapter 264 of the laws of 2003, is amended to read as follows:
       A. 3339                             5
    1    3. In any prosecution for the crime of  rape  in  the  [third]  FOURTH
    2  degree  as  defined in section 130.25, [criminal sexual act in the third
    3  degree as defined in section 130.40,  aggravated  sexual  abuse  in  the
    4  fourth  degree  as  defined in section 130.65-a,] or sexual abuse in the
    5  third degree as defined in section 130.55 in which incapacity to consent
    6  is  based on the circumstances set forth in paragraph (h) of subdivision
    7  three of section 130.05 of this  article  it  shall  be  an  affirmative
    8  defense  that  the  client  or patient consented to such conduct charged
    9  after having been expressly advised by the health care or mental  health
   10  care  provider  that  such conduct was not performed for a valid medical
   11  purpose.
   12    S 8. Section 130.25 of the penal law, as amended by chapter 1  of  the
   13  laws of 2000, is amended to read as follows:
   14  S 130.25 Rape in the [third] FOURTH degree.
   15    A person is guilty of rape in the [third] FOURTH degree when:
   16    1.  He  or  she engages in sexual intercourse, ORAL SEXUAL CONDUCT, OR
   17  ANAL SEXUAL CONDUCT with another person who is incapable of  consent  by
   18  reason of some factor other than being less than seventeen years old;
   19    2.  Being  twenty-one  years  old or more, he or she engages in sexual
   20  intercourse, ORAL SEXUAL CONDUCT, OR ANAL SEXUAL  CONDUCT  with  another
   21  person less than seventeen years old; [or]
   22    3.  He  or  she engages in sexual intercourse, ORAL SEXUAL CONDUCT, OR
   23  ANAL SEXUAL CONDUCT with another person without  such  person's  consent
   24  where  such lack of consent is by reason of some factor other than inca-
   25  pacity to consent[.];
   26    4. HE OR SHE INSERTS A FOREIGN OBJECT IN THE VAGINA,  URETHRA,  PENIS,
   27  RECTUM  OR  ANUS  OF ANOTHER PERSON AND THE OTHER PERSON IS INCAPABLE OF
   28  CONSENT BY REASON OF SOME FACTOR OTHER THAN BEING  LESS  THAN  SEVENTEEN
   29  YEARS OLD; OR
   30    5. HE OR SHE INSERTS A FINGER IN THE VAGINA, URETHRA, PENIS, RECTUM OR
   31  ANUS  OF  ANOTHER PERSON CAUSING PHYSICAL INJURY TO SUCH PERSON AND SUCH
   32  PERSON IS INCAPABLE OF CONSENT BY REASON OF SOME FACTOR OTHER THAN BEING
   33  LESS THAN SEVENTEEN YEARS OLD.
   34    CONDUCT PERFORMED FOR A VALID MEDICAL PURPOSE  DOES  NOT  VIOLATE  THE
   35  PROVISIONS OF SUBDIVISIONS FOUR AND FIVE OF THIS SECTION.
   36    Rape in the [third] FOURTH degree is a class E felony.
   37    S  9.  Section 130.30 of the penal law, as amended by chapter 1 of the
   38  laws of 2000, is amended to read as follows:
   39  S 130.30 Rape in the [second] THIRD degree.
   40    A person is guilty of rape in the [second] THIRD degree when:
   41    1. being eighteen years old or more,  he  or  she  engages  in  sexual
   42  intercourse,  ORAL  SEXUAL  CONDUCT, OR ANAL SEXUAL CONDUCT with another
   43  person less than fifteen years old; [or]
   44    2. he or she engages in sexual intercourse, ORAL  SEXUAL  CONDUCT,  OR
   45  ANAL  SEXUAL  CONDUCT with another person who is incapable of consent by
   46  reason of being mentally disabled or mentally incapacitated[.];
   47    3. HE OR SHE INSERTS A FOREIGN OBJECT IN THE VAGINA,  URETHRA,  PENIS,
   48  RECTUM OR ANUS OF ANOTHER PERSON:
   49    (A) BY FORCIBLE COMPULSION; OR
   50    (B)  WHEN  THE OTHER PERSON IS INCAPABLE OF CONSENT BY REASON OF BEING
   51  PHYSICALLY HELPLESS; OR
   52    (C) WHEN THE OTHER PERSON IS LESS THAN ELEVEN YEARS OLD; OR
   53    4. HE OR SHE INSERTS A FOREIGN OBJECT IN THE VAGINA,  URETHRA,  PENIS,
   54  RECTUM  OR ANUS OF ANOTHER PERSON CAUSING PHYSICAL INJURY TO SUCH PERSON
   55  AND SUCH PERSON IS INCAPABLE OF CONSENT  BY  REASON  OF  BEING  MENTALLY
   56  DISABLED OR MENTALLY INCAPACITATED.
       A. 3339                             6
    1    CONDUCT  PERFORMED FOR A VALID MEDICAL PURPOSE DOES NOT VIOLATE SUBDI-
    2  VISIONS THREE AND FOUR OF THIS SECTION.
    3    It  shall  be  an  affirmative  defense  to  the  crime of rape in the
    4  [second] THIRD degree as defined in subdivision one of this section that
    5  the defendant was less than four years older than the victim at the time
    6  of the act.
    7    Rape in the [second] THIRD degree is a class D felony.
    8    S 10. The penal law is amended by adding a new section 130.33 to  read
    9  as follows:
   10  S 130.33 RAPE IN THE SECOND DEGREE.
   11    A PERSON IS GUILTY OF RAPE IN THE SECOND DEGREE WHEN HE OR SHE INSERTS
   12  A FINGER IN THE VAGINA, URETHRA, PENIS, RECTUM OR ANUS OF ANOTHER PERSON
   13  CAUSING PHYSICAL INJURY TO SUCH PERSON:
   14    1. BY FORCIBLE COMPULSION; OR
   15    2.  WHEN  THE  OTHER PERSON IS INCAPABLE OF CONSENT BY REASON OF BEING
   16  PHYSICALLY HELPLESS; OR
   17    3. WHEN THE OTHER PERSON IS LESS THAN ELEVEN YEARS OLD.
   18    CONDUCT PERFORMED FOR A VALID MEDICAL PURPOSE  DOES  NOT  VIOLATE  THE
   19  PROVISIONS OF THIS SECTION.
   20    RAPE IN THE SECOND DEGREE IS A CLASS C FELONY.
   21    S  11. Section 130.35 of the penal law, as amended by chapter 1 of the
   22  laws of 2000, is amended to read as follows:
   23  S 130.35 Rape in the first degree.
   24    A person is guilty of rape in the first degree when:
   25    1. he or she engages in sexual intercourse, ORAL  SEXUAL  CONDUCT,  OR
   26  ANAL SEXUAL CONDUCT with another person:
   27    [1.] (A) By forcible compulsion; or
   28    [2.] (B)  Who  is  incapable  of consent by reason of being physically
   29  helpless; or
   30    [3.] (C) Who is less than eleven years old; or
   31    [4.] (D) Who is less than thirteen years old and the actor is eighteen
   32  years old or more[.];
   33    2. HE OR SHE INSERTS A FOREIGN OBJECT IN THE VAGINA,  URETHRA,  PENIS,
   34  RECTUM OR ANUS OF ANOTHER PERSON CAUSING PHYSICAL INJURY TO SUCH PERSON:
   35    (A) BY FORCIBLE COMPULSION; OR
   36    (B)  WHEN  THE OTHER PERSON IS INCAPABLE OF CONSENT BY REASON OF BEING
   37  PHYSICALLY HELPLESS; OR
   38    (C) WHEN THE OTHER PERSON IS LESS THAN ELEVEN YEARS OLD.
   39    CONDUCT PERFORMED FOR A VALID MEDICAL PURPOSE DOES NOT VIOLATE  SUBDI-
   40  VISION TWO OF THIS SECTION.
   41    Rape in the first degree is a class B felony.
   42    S  12. Section 255.26 of the penal law, as added by chapter 320 of the
   43  laws of 2006, is amended to read as follows:
   44  S 255.26 Incest in the second degree.
   45    A person is guilty of incest in the  second  degree  when  he  or  she
   46  commits  the  crime  of rape in the [second] THIRD degree, as defined in
   47  section 130.30 of this part, [or  criminal  sexual  act  in  the  second
   48  degree,  as  defined  in  section 130.45 of this part,] against a person
   49  whom he or she knows to be  related  to  him  or  her,  whether  through
   50  marriage or not, as an ancestor, descendant, brother or sister of either
   51  the whole or the half blood, uncle, aunt, nephew or niece.
   52    Incest in the second degree is a class D felony.
   53    S  13. Section 255.27 of the penal law, as added by chapter 320 of the
   54  laws of 2006, is amended to read as follows:
   55  S 255.27 Incest in the first degree.
       A. 3339                             7
    1    A person is guilty of incest in  the  first  degree  when  he  or  she
    2  commits  the  crime of rape in the first degree, as defined in PARAGRAPH
    3  (C) OR (D) OF subdivision [three or four] ONE of section 130.35 of  this
    4  part[,  or criminal sexual act in the first degree, as defined in subdi-
    5  vision  three  or four of section 130.50 of this part,] against a person
    6  whom he or she knows to be  related  to  him  or  her,  whether  through
    7  marriage or not, as an ancestor, descendant, brother or sister of either
    8  the whole or half blood, uncle, aunt, nephew or niece.
    9    Incest in the first degree is a class B felony.
   10    S  14. Subdivision 3 of section 485.05 of the penal law, as amended by
   11  chapter 405 of the laws of 2010, is amended to read as follows:
   12    3. A "specified offense" is an offense defined by any of the following
   13  provisions of  this  chapter:  section  120.00  (assault  in  the  third
   14  degree);  section  120.05 (assault in the second degree); section 120.10
   15  (assault in the first degree); section 120.12 (aggravated assault upon a
   16  person less than eleven years old);  section  120.13  (menacing  in  the
   17  first  degree);  section 120.14 (menacing in the second degree); section
   18  120.15 (menacing in the third degree); section 120.20  (reckless  endan-
   19  germent  in the second degree); section 120.25 (reckless endangerment in
   20  the first degree); section 121.12 (strangulation in the second  degree);
   21  section  121.13  (strangulation in the first degree); subdivision one of
   22  section 125.15 (manslaughter in the second degree); subdivision one, two
   23  or four of section 125.20 (manslaughter in the  first  degree);  section
   24  125.25  (murder  in  the second degree); section 120.45 (stalking in the
   25  fourth degree); section 120.50 (stalking in the third  degree);  section
   26  120.55  (stalking in the second degree); section 120.60 (stalking in the
   27  first degree); SUBDIVISION ONE OF SECTION 130.33  (RAPE  IN  THE  SECOND
   28  DEGREE);  PARAGRAPH (A) OF subdivision one AND PARAGRAPH (A) OF SUBDIVI-
   29  SION TWO of section 130.35 (rape in the first degree); [subdivision  one
   30  of  section  130.50 (criminal sexual act in the first degree);] subdivi-
   31  sion one of section 130.65 (sexual abuse in the  first  degree);  [para-
   32  graph  (a) of subdivision one of section 130.67 (aggravated sexual abuse
   33  in the second degree); paragraph  (a)  of  subdivision  one  of  section
   34  130.70  (aggravated  sexual  abuse in the first degree);] section 135.05
   35  (unlawful imprisonment in the second degree); section  135.10  (unlawful
   36  imprisonment  in  the  first  degree); section 135.20 (kidnapping in the
   37  second degree); section 135.25 (kidnapping in the first degree); section
   38  135.60 (coercion in the second degree); section 135.65 (coercion in  the
   39  first  degree);  section 140.10 (criminal trespass in the third degree);
   40  section 140.15 (criminal trespass in the second degree); section  140.17
   41  (criminal trespass in the first degree); section 140.20 (burglary in the
   42  third  degree);  section 140.25 (burglary in the second degree); section
   43  140.30 (burglary in the first degree); section 145.00 (criminal mischief
   44  in the fourth degree); section 145.05 (criminal mischief  in  the  third
   45  degree);  section  145.10  (criminal  mischief  in  the  second degree);
   46  section 145.12 (criminal mischief in the first degree);  section  150.05
   47  (arson  in  the  fourth  degree);  section  150.10  (arson  in the third
   48  degree); section 150.15 (arson in the  second  degree);  section  150.20
   49  (arson  in  the  first  degree); section 155.25 (petit larceny); section
   50  155.30 (grand larceny in  the  fourth  degree);  section  155.35  (grand
   51  larceny  in  the  third  degree);  section  155.40 (grand larceny in the
   52  second degree); section 155.42 (grand  larceny  in  the  first  degree);
   53  section 160.05 (robbery in the third degree); section 160.10 (robbery in
   54  the  second  degree);  section  160.15  (robbery  in  the first degree);
   55  section 240.25 (harassment in the first degree); subdivision one, two or
       A. 3339                             8
    1  four of section 240.30 (aggravated harassment in the second degree);  or
    2  any attempt or conspiracy to commit any of the foregoing offenses.
    3    S 15. Subdivision 42 of section 1.20 of the criminal procedure law, as
    4  amended by chapter 7 of the laws of 2007, is amended to read as follows:
    5    42.  "Juvenile offender" means (1) a person, thirteen years old who is
    6  criminally responsible for acts constituting murder in the second degree
    7  as defined in subdivisions one and two of section 125.25  of  the  penal
    8  law,  or  such  conduct as a sexually motivated felony, where authorized
    9  pursuant to section 130.91 of the penal law; and (2) a  person  fourteen
   10  or fifteen years old who is criminally responsible for acts constituting
   11  the crimes defined in subdivisions one and two of section 125.25 (murder
   12  in  the second degree) and in subdivision three of such section provided
   13  that the underlying crime for the murder charge is one  for  which  such
   14  person  is  criminally  responsible;  section  135.25 (kidnapping in the
   15  first degree); 150.20 (arson in the first degree); subdivisions one  and
   16  two of section 120.10 (assault in the first degree); 125.20 (manslaught-
   17  er  in  the first degree); [subdivisions one and] PARAGRAPHS (A) AND (B)
   18  OF SUBDIVISION ONE AND SUBDIVISION two of section 130.35  (rape  in  the
   19  first  degree);  [subdivisions  one  and two of section 130.50 (criminal
   20  sexual act in the first degree); 130.70 (aggravated sexual abuse in  the
   21  first  degree);]  140.30 (burglary in the first degree); subdivision one
   22  of section 140.25 (burglary in the second degree); 150.15 (arson in  the
   23  second degree); 160.15 (robbery in the first degree); subdivision two of
   24  section  160.10  (robbery  in  the  second  degree) of the penal law; or
   25  section 265.03 of the penal law, where such machine gun or such  firearm
   26  is possessed on school grounds, as that phrase is defined in subdivision
   27  fourteen of section 220.00 of the penal law; or defined in the penal law
   28  as an attempt to commit murder in the second degree or kidnapping in the
   29  first  degree,  or  such  conduct  as a sexually motivated felony, where
   30  authorized pursuant to section 130.91 of the penal law.
   31    S 16. Paragraph (a) of subdivision 2 of section 30.10 of the  criminal
   32  procedure law, as amended by chapter 467 of the laws of 2008, is amended
   33  to read as follows:
   34    (a) A prosecution for a class A felony, or rape in the first degree as
   35  defined  in  section  130.35  of  the  penal law, [or a crime defined or
   36  formerly defined in section 130.50 of the penal law, or aggravated sexu-
   37  al abuse in the first degree as defined in section 130.70 of  the  penal
   38  law,] or course of sexual conduct against a child in the first degree as
   39  defined in section 130.75 of the penal law may be commenced at any time;
   40    S  17.  Paragraphs (a) and (b) of subdivision 1, the opening paragraph
   41  of subdivision 2 and paragraph (a) of subdivision 3 of section 140.20 of
   42  the criminal procedure law, paragraphs (a) and (b) of subdivision  1  as
   43  amended  by  chapter  324  of the laws of 1988, the opening paragraph of
   44  subdivision 2 and paragraph (a) of subdivision 3 as amended  by  chapter
   45  550 of the laws of 1987, are amended to read as follows:
   46    (a)  If  the  arrest is for an offense other than a class A, B, C or D
   47  felony or a violation of  SUBDIVISION  ONE,  TWO  OR  THREE  OF  section
   48  130.25,  [130.40,]    OR SECTION 205.10, 205.17, 205.19 or 215.56 of the
   49  penal law committed in a town, but not in a  village  thereof  having  a
   50  village  court,  and the town court of such town is not available at the
   51  time, the arrested person may be brought before the local criminal court
   52  of any village within such town or, any adjoining town, village embraced
   53  in whole or in part by such adjoining town, or city of the same  county;
   54  and
   55    (b)  If  the  arrest is for an offense other than a class A, B, C or D
   56  felony or a violation of  SUBDIVISION  ONE,  TWO  OR  THREE  OF  section
       A. 3339                             9
    1  130.25,  [130.40,]  OR  SECTION  205.10, 205.17, 205.19 or 215.56 of the
    2  penal law committed in a village having a village court and  such  court
    3  is  not available at the time, the arrested person may be brought before
    4  the  town  court of the town embracing such village or any other village
    5  court within such town, or, if such town or village court is not  avail-
    6  able  either,  before  the  local  criminal court of any adjoining town,
    7  village embraced in whole or in part by such adjoining town, or city  of
    8  the same county; and
    9    If the arrest is for an offense other than a class A, B, C or D felony
   10  or  a  violation  of  SUBDIVISION  ONE,  TWO OR THREE OF section 130.25,
   11  [130.40,] OR SECTION 205.10, 205.17, 205.19 or 215.56 of the penal  law,
   12  the arrested person need not be brought before a local criminal court as
   13  provided  in  subdivision  one,  and  the  procedure  may  instead be as
   14  follows:
   15    (a) the arrest is for an offense other than a class A, B, C or D felo-
   16  ny or a violation of SUBDIVISION ONE, TWO OR THREE  OF  section  130.25,
   17  [130.40,]  OR SECTION 205.10, 205.17, 205.19 or 215.56 of the penal law,
   18  and
   19    S 18. Paragraph (a) of subdivision 3  and  the  opening  paragraph  of
   20  subdivision  4  of  section  140.27  of  the  criminal procedure law, as
   21  amended by chapter 550 of the laws of  1987,  are  amended  to  read  as
   22  follows:
   23    (a) the arrest is for an offense other than a class A, B, C or D felo-
   24  ny  or  a  violation of SUBDIVISION ONE, TWO OR THREE OF section 130.25,
   25  [130.40,] OR SECTION 205.10, 205.17, 205.19 or 215.56 of the  penal  law
   26  and
   27    If the arrest is for an offense other than a class A, B, C or D felony
   28  or  a  violation  of  SUBDIVISION  ONE,  TWO OR THREE OF section 130.25,
   29  [130.40,] OR SECTION 205.10, 205.17, 205.19 or 215.56 of the penal  law,
   30  the arrested person need not be brought before a local criminal court as
   31  provided  in  subdivision  two,  and  the  procedure  may  instead be as
   32  follows:
   33    S 19. Paragraph (a) of subdivision 2  and  the  opening  paragraph  of
   34  subdivision  3  of  section  140.40  of  the  criminal procedure law, as
   35  amended by chapter 550 of the laws of  1987,  are  amended  to  read  as
   36  follows:
   37    (a) the arrest is for an offense other than a class A, B, C or D felo-
   38  ny  or  a  violation of SUBDIVISION ONE, TWO OR THREE OF section 130.25,
   39  [130.40,] OR SECTION 205.10, 205.17, 205.19 or 215.56 of the  penal  law
   40  and
   41    If the arrest is for an offense other than a class A, B, C or D felony
   42  or  a  violation  of  SUBDIVISION  ONE,  TWO OR THREE OF section 130.25,
   43  [130.40,] OR SECTION 205.10, 205.17, 205.19 or 215.56 of the penal  law,
   44  the  arrested  person need not be brought before a local criminal court,
   45  as provided in subdivision one, and the  procedure  may  instead  be  as
   46  follows:
   47    S  20. Section 150.20 of the criminal procedure law, subdivisions 1, 2
   48  and 3 as amended by chapter 550 of the laws of 1987, is amended to  read
   49  as follows:
   50  S 150.20 Appearance ticket; when and by whom issuable.
   51    1.  Whenever a police officer is authorized pursuant to section 140.10
   52  to arrest a person without a warrant for an offense other than  a  class
   53  A,  B,  C or D felony or a violation of SUBDIVISION ONE, TWO OR THREE OF
   54  section 130.25, [130.40,] OR SECTION 205.10, 205.17, 205.19 or 215.56 of
   55  the penal law, he may, subject to the provisions of  subdivisions  three
       A. 3339                            10
    1  and  four of section 150.40, instead issue to and serve upon such person
    2  an appearance ticket.
    3    2.  (a)    Whenever  a  police officer has arrested a person without a
    4  warrant for an offense other than a class A, B,  C  or  D  felony  or  a
    5  violation  of SUBDIVISION ONE, TWO OR THREE OF section 130.25, [130.40,]
    6  OR SECTION 205.10, 205.17, 205.19 or 215.56 of the penal law pursuant to
    7  section 140.10,  or (b) whenever a peace officer, who is not  authorized
    8  by  law  to  issue  an  appearance  ticket, has arrested a person for an
    9  offense other than a class A, B, C or D felony or a violation of  SUBDI-
   10  VISION ONE, TWO OR THREE OF section 130.25, [130.40,] OR SECTION 205.10,
   11  205.17,  205.19  or  215.56 of the penal law pursuant to section 140.25,
   12  and has requested a police officer to issue and serve upon such arrested
   13  person an appearance ticket pursuant  to  subdivision  four  of  section
   14  140.27,  or (c) whenever a person has been arrested for an offense other
   15  than a class A, B, C or D felony or a violation of SUBDIVISION ONE,  TWO
   16  OR  THREE OF section 130.25, [130.40,] OR SECTION 205.10, 205.17, 205.19
   17  or 215.56 of the penal law and has been delivered to the custody  of  an
   18  appropriate police officer pursuant to section 140.40, such police offi-
   19  cer  may,  instead of bringing such person before a local criminal court
   20  and promptly filing or causing the arresting peace officer or  arresting
   21  person  to  file a local criminal court accusatory instrument therewith,
   22  issue to and serve upon such person an appearance ticket.  The  issuance
   23  and  service  of  an  appearance  ticket under such circumstances may be
   24  conditioned upon a deposit  of  pre-arraignment  bail,  as  provided  in
   25  section 150.30.
   26    3.    A  public  servant other than a police officer, who is specially
   27  authorized by state law or local law enacted pursuant to the  provisions
   28  of  the  municipal  home  rule law to issue and serve appearance tickets
   29  with respect to designated offenses other than class A, B, C or D  felo-
   30  nies  or  violations of SUBDIVISION ONE, TWO OR THREE OF section 130.25,
   31  [130.40,] OR SECTION 205.10, 205.17, 205.19 or 215.56 of the penal  law,
   32  may  in  such  cases  issue and serve upon a person an appearance ticket
   33  when he has reasonable cause to believe that such person has committed a
   34  crime, or has committed a petty offense in his presence.
   35    S 21. Subdivision 4 of section 180.75 of the criminal  procedure  law,
   36  as  amended  by  chapter  264 of the laws of 2003, is amended to read as
   37  follows:
   38    4. Notwithstanding the provisions of subdivisions  two  and  three  of
   39  this  section,  a  local  criminal  court  shall,  at the request of the
   40  district attorney, order removal of an action against a juvenile  offen-
   41  der  to  the  family  court  pursuant to the provisions of article seven
   42  hundred twenty-five of this chapter if, upon consideration of the crite-
   43  ria specified in subdivision two of section 210.43 of this  chapter,  it
   44  is  determined  that  to  do  so  would  be in the interests of justice.
   45  Where, however, the felony complaint charges the juvenile offender  with
   46  murder  in  the  second degree as defined in section 125.25 of the penal
   47  law, rape in the first degree as defined in PARAGRAPH (A) OF subdivision
   48  one of section 130.35 of the penal law,  [criminal  sexual  act  in  the
   49  first  degree  as  defined  in  subdivision one of section 130.50 of the
   50  penal law,] or an armed felony as defined in paragraph (a)  of  subdivi-
   51  sion  forty-one  of  section  1.20 of this chapter, a determination that
   52  such action be removed to the family court shall, in addition, be  based
   53  upon  a  finding of one or more of the following factors: (i) mitigating
   54  circumstances that bear directly upon the manner in which the crime  was
   55  committed;  or  (ii) where the defendant was not the sole participant in
   56  the crime, the defendant's participation was relatively  minor  although
       A. 3339                            11
    1  not  so  minor  as  to constitute a defense to the prosecution; or (iii)
    2  possible deficiencies in proof of the crime.
    3    S 22. Subdivision (a) of section 190.71 of the criminal procedure law,
    4  as  amended  by  chapter  7  of  the laws of 2007, is amended to read as
    5  follows:
    6    (a) Except as provided in subdivision six of section  200.20  of  this
    7  chapter,  a grand jury may not indict (i) a person thirteen years of age
    8  for any conduct or crime other than conduct constituting a crime defined
    9  in subdivisions one and two of section  125.25  (murder  in  the  second
   10  degree) or such conduct as a sexually motivated felony, where authorized
   11  pursuant  to  section 130.91 of the penal law; (ii) a person fourteen or
   12  fifteen years of age for any conduct or crime other than conduct consti-
   13  tuting a crime defined in subdivisions one and  two  of  section  125.25
   14  (murder  in  the second degree) and in subdivision three of such section
   15  provided that the underlying crime for the  murder  charge  is  one  for
   16  which  such  person is criminally responsible; 135.25 (kidnapping in the
   17  first degree); 150.20 (arson in the first degree); subdivisions one  and
   18  two of section 120.10 (assault in the first degree); 125.20 (manslaught-
   19  er  in  the first degree); [subdivisions one and] PARAGRAPHS (A) AND (B)
   20  OF SUBDIVISION ONE AND SUBDIVISION two of section 130.35  (rape  in  the
   21  first  degree);  [subdivisions  one  and two of section 130.50 (criminal
   22  sexual act in the first degree); 130.70 (aggravated sexual abuse in  the
   23  first  degree);]  140.30 (burglary in the first degree); subdivision one
   24  of section 140.25 (burglary in the second degree); 150.15 (arson in  the
   25  second degree); 160.15 (robbery in the first degree); subdivision two of
   26  section 160.10 (robbery in the second degree) of the penal law; subdivi-
   27  sion  four  of  section  265.02  of the penal law, where such firearm is
   28  possessed on school grounds, as that phrase is  defined  in  subdivision
   29  fourteen  of  section  220.00 of the penal law; or section 265.03 of the
   30  penal law, where such machine gun or such firearm is possessed on school
   31  grounds, as that phrase is defined in subdivision  fourteen  of  section
   32  220.00  of  the  penal law; or defined in the penal law as an attempt to
   33  commit murder in the second degree or kidnapping in the first degree, or
   34  such conduct as a sexually motivated felony, where  authorized  pursuant
   35  to section 130.91 of the penal law.
   36    S 23. Paragraph (b) of subdivision 1 of section 210.43 of the criminal
   37  procedure law, as amended by chapter 264 of the laws of 2003, is amended
   38  to read as follows:
   39    (b)  with  the  consent  of the district attorney, order removal of an
   40  action involving an indictment charging a juvenile offender with  murder
   41  in the second degree as defined in section 125.25 of the penal law; rape
   42  in  the  first degree, as defined in PARAGRAPH (A) OF subdivision one of
   43  section 130.35 of the penal law;  [criminal  sexual  act  in  the  first
   44  degree,  as  defined  in  subdivision one of section 130.50 of the penal
   45  law;] or an armed felony as defined  in  paragraph  (a)  of  subdivision
   46  forty-one  of  section  1.20,  to  the  family  court  pursuant  to  the
   47  provisions of article seven hundred twenty-five of this chapter  if  the
   48  court finds one or more of the following factors: (i) mitigating circum-
   49  stances  that  bear  directly  upon  the  manner  in which the crime was
   50  committed; (ii) where the defendant was not the sole participant in  the
   51  crime,  the  defendant's participation was relatively minor although not
   52  so minor as to constitute a defense to the prosecution; or (iii)  possi-
   53  ble  deficiencies in the proof of the crime, and, after consideration of
   54  the factors set forth in subdivision two  of  this  section,  the  court
   55  determined  that  removal  of the action to the family court would be in
   56  the interests of justice.
       A. 3339                            12
    1    S 24.  Subparagraph (iii) of paragraph (g) of subdivision 5 of section
    2  220.10 of the criminal procedure law, as amended by chapter 264  of  the
    3  laws of 2003, is amended to read as follows:
    4    (iii)  Where  the  indictment  does  not  charge  a crime specified in
    5  subparagraph (i) of this paragraph, the district attorney may  recommend
    6  removal  of the action to the family court. Upon making such recommenda-
    7  tion the district attorney shall submit a subscribed memorandum  setting
    8  forth:  (1) a recommendation that the interests of justice would best be
    9  served by removal of the action to the family  court;  and  (2)  if  the
   10  indictment  charges  a thirteen year old with the crime of murder in the
   11  second degree, or a fourteen or fifteen year old with the crimes of rape
   12  in the first degree as defined in PARAGRAPH (A) OF  subdivision  one  of
   13  section  130.35  of  the penal law, [or criminal sexual act in the first
   14  degree as defined in subdivision one of  section  130.50  of  the  penal
   15  law,]  or  an  armed  felony  as defined in paragraph (a) of subdivision
   16  forty-one of section 1.20 of this chapter specific factors, one or  more
   17  of which reasonably supports the recommendation, showing, (i) mitigating
   18  circumstances  that bear directly upon the manner in which the crime was
   19  committed, or (ii) where the defendant was not the sole  participant  in
   20  the  crime,  that  the  defendant's  participation  was relatively minor
   21  although not so minor as to constitute a defense to the prosecution,  or
   22  (iii)  possible  deficiencies  in  proof of the crime, or (iv) where the
   23  juvenile offender has no previous adjudications of  having  committed  a
   24  designated  felony act, as defined in subdivision eight of section 301.2
   25  of the family court act, regardless of the age of the  offender  at  the
   26  time  of  commission of the act, that the criminal act was not part of a
   27  pattern of criminal behavior and, in view of the history of  the  offen-
   28  der, is not likely to be repeated.
   29    S  25.  Subdivision 6 of section 300.50 of the criminal procedure law,
   30  as amended by chapter 264 of the laws of 2003, is  amended  to  read  as
   31  follows:
   32    6.  For  purposes of this section, the offenses of rape in the [third]
   33  FOURTH degree as defined in subdivision three of section 130.25  of  the
   34  penal  law  [and  criminal  sexual act in the third degree as defined in
   35  subdivision three of section 130.40 of the penal law],  are  not  lesser
   36  included  offenses  of  rape in the first degree, criminal sexual act in
   37  the first degree or any other offense.  Notwithstanding  the  foregoing,
   38  either such offense may be submitted as a lesser included offense of the
   39  applicable  first  degree offense when (i) there is a reasonable view of
   40  the evidence which would support a finding that the defendant  committed
   41  such  lesser  offense  but  did not commit the greater offense, and (ii)
   42  both parties consent to its submission.
   43    S 26. Subdivision 6 of section 380.50 of the criminal  procedure  law,
   44  as  amended  by  chapter  320 of the laws of 2006, is amended to read as
   45  follows:
   46    6. Regardless of whether the victim requests to make a statement  with
   47  regard to the defendant's sentence, where the defendant is sentenced for
   48  a violent felony offense as defined in section 70.02 of the penal law or
   49  a  felony  defined in article one hundred twenty-five of such law or any
   50  of the  following  provisions  of  such  law  sections  130.25,  130.30,
   51  [130.40,  130.45]  130.33,  255.25,  255.26, 255.27, article two hundred
   52  sixty-three, 135.10, 135.25, 230.05, 230.06, subdivision two of  section
   53  230.30  or  230.32,  OR ANY OFFENSES COMMITTED UNDER A FORMER SECTION OF
   54  ARTICLE ONE HUNDRED THIRTY OF THE PENAL LAW  WHICH  WOULD  CONSTITUTE  A
   55  VIOLATION  OF  THE  AFORESAID  SECTIONS OF THE PENAL LAW, the prosecutor
   56  shall, within sixty days of the  imposition  of  sentence,  provide  the
       A. 3339                            13
    1  victim  with  a  form  on  which  the victim may indicate a demand to be
    2  informed of any petition to change the name of  such  defendant.    Such
    3  forms  shall  be maintained by such prosecutor. Upon receipt of a notice
    4  of  a  petition  to  change  the name of any such defendant, pursuant to
    5  subdivision two of section sixty-two of the civil rights law, the prose-
    6  cutor shall promptly notify the victim at the most  current  address  or
    7  telephone  number  provided  by  such  victim in the most reasonable and
    8  expedient possible manner of the time and place such  petition  will  be
    9  presented to the court.
   10    S 27. Paragraph (b) of subdivision 8 of section 700.05 of the criminal
   11  procedure law, as amended by chapter 405 of the laws of 2010, is amended
   12  to read as follows:
   13    (b)  Any  of  the  following felonies: assault in the second degree as
   14  defined in section 120.05 of the penal law, assault in the first  degree
   15  as  defined in section 120.10 of the penal law, reckless endangerment in
   16  the first degree as defined in section 120.25 of the penal law,  promot-
   17  ing  a  suicide  attempt  as defined in section 120.30 of the penal law,
   18  strangulation in the second degree as defined in section 121.12  of  the
   19  penal  law,  strangulation  in  the  first  degree as defined in section
   20  121.13 of the penal law, criminally negligent  homicide  as  defined  in
   21  section  125.10  of  the penal law, manslaughter in the second degree as
   22  defined in section 125.15 of the penal law, manslaughter  in  the  first
   23  degree  as  defined  in  section  125.20 of the penal law, murder in the
   24  second degree as defined in section 125.25 of the penal law,  murder  in
   25  the first degree as defined in section 125.27 of the penal law, abortion
   26  in  the  second  degree  as  defined in section 125.40 of the penal law,
   27  abortion in the first degree as defined in section 125.45 of  the  penal
   28  law,  rape  in  the [third] FOURTH degree as defined in SUBDIVISION ONE,
   29  TWO OR THREE OF section 130.25 of the penal law, rape  in  the  [second]
   30  THIRD  degree  as defined in SUBDIVISION ONE OR TWO OF section 130.30 of
   31  the penal law, rape in the first degree as defined in SUBDIVISION ONE OF
   32  section 130.35 of the penal law,  [criminal  sexual  act  in  the  third
   33  degree  as  defined  in section 130.40 of the penal law, criminal sexual
   34  act in the second degree as defined in section 130.45 of the penal  law,
   35  criminal  sexual act in the first degree as defined in section 130.50 of
   36  the penal law,] sexual abuse in the first degree as defined  in  section
   37  130.65  of  the  penal law, unlawful imprisonment in the first degree as
   38  defined in section 135.10 of the penal law,  kidnapping  in  the  second
   39  degree  as defined in section 135.20 of the penal law, kidnapping in the
   40  first degree as defined in section 135.25 of the penal law, labor  traf-
   41  ficking  as defined in section 135.35 of the penal law, custodial inter-
   42  ference in the first degree as defined in section 135.50  of  the  penal
   43  law,  coercion  in  the first degree as defined in section 135.65 of the
   44  penal law, criminal trespass in the first degree as defined  in  section
   45  140.17  of  the  penal  law,  burglary in the third degree as defined in
   46  section 140.20 of the penal  law,  burglary  in  the  second  degree  as
   47  defined in section 140.25 of the penal law, burglary in the first degree
   48  as  defined in section 140.30 of the penal law, criminal mischief in the
   49  third degree as defined in section 145.05 of  the  penal  law,  criminal
   50  mischief  in the second degree as defined in section 145.10 of the penal
   51  law, criminal mischief in the first degree as defined in section  145.12
   52  of  the  penal law, criminal tampering in the first degree as defined in
   53  section 145.20 of the penal law, arson in the fourth degree  as  defined
   54  in section 150.05 of the penal law, arson in the third degree as defined
   55  in  section  150.10  of  the  penal  law,  arson in the second degree as
   56  defined in section 150.15 of the penal law, arson in the first degree as
       A. 3339                            14
    1  defined in section 150.20 of the penal law, grand larceny in the  fourth
    2  degree  as  defined in section 155.30 of the penal law, grand larceny in
    3  the third degree as defined in section 155.35 of the  penal  law,  grand
    4  larceny  in  the second degree as defined in section 155.40 of the penal
    5  law, grand larceny in the first degree as defined in section  155.42  of
    6  the  penal  law,  health  care  fraud in the fourth degree as defined in
    7  section 177.10 of the penal law, health care fraud in the  third  degree
    8  as  defined in section 177.15 of the penal law, health care fraud in the
    9  second degree as defined in section 177.20 of the penal law, health care
   10  fraud in the first degree as defined in section 177.25 of the penal law,
   11  robbery in the third degree as defined in section 160.05  of  the  penal
   12  law,  robbery  in  the second degree as defined in section 160.10 of the
   13  penal law, robbery in the first degree as defined in section  160.15  of
   14  the  penal law, unlawful use of secret scientific material as defined in
   15  section 165.07 of the penal law, criminal possession of stolen  property
   16  in  the  fourth  degree  as  defined in section 165.45 of the penal law,
   17  criminal possession of stolen property in the third degree as defined in
   18  section 165.50 of the penal law, criminal possession of stolen  property
   19  in  the  second  degree  as  defined by section 165.52 of the penal law,
   20  criminal possession of stolen property in the first degree as defined by
   21  section 165.54 of the penal law, trademark counterfeiting in the  second
   22  degree as defined in section 165.72 of the penal law, trademark counter-
   23  feiting  in  the  first degree as defined in section 165.73 of the penal
   24  law, forgery in the second degree as defined in section  170.10  of  the
   25  penal  law,  forgery in the first degree as defined in section 170.15 of
   26  the penal law, criminal possession of a forged instrument in the  second
   27  degree  as  defined  in  section  170.25  of  the  penal  law,  criminal
   28  possession of a forged instrument in the  first  degree  as  defined  in
   29  section  170.30 of the penal law, criminal possession of forgery devices
   30  as defined in section 170.40  of  the  penal  law,  falsifying  business
   31  records  in  the  first degree as defined in section 175.10 of the penal
   32  law, tampering with public records in the first  degree  as  defined  in
   33  section  175.25 of the penal law, offering a false instrument for filing
   34  in the first degree as defined in section 175.35 of the penal law, issu-
   35  ing a false certificate as defined in section 175.40 of the  penal  law,
   36  criminal  diversion of prescription medications and prescriptions in the
   37  second degree as defined in section 178.20 of the  penal  law,  criminal
   38  diversion  of  prescription  medications  and prescriptions in the first
   39  degree as defined in section 178.25 of the penal law, residential  mort-
   40  gage  fraud  in  the  fourth  degree as defined in section 187.10 of the
   41  penal law, residential mortgage fraud in the third degree as defined  in
   42  section  187.15  of  the  penal  law,  residential mortgage fraud in the
   43  second degree as defined in section 187.20 of the penal law, residential
   44  mortgage fraud in the first degree as defined in section 187.25  of  the
   45  penal  law,  escape in the second degree as defined in section 205.10 of
   46  the penal law, escape in the first degree as defined in  section  205.15
   47  of  the penal law, absconding from temporary release in the first degree
   48  as defined in section 205.17 of the penal law, promoting prison  contra-
   49  band  in the first degree as defined in section 205.25 of the penal law,
   50  hindering prosecution in the second degree as defined in section  205.60
   51  of  the  penal law, hindering prosecution in the first degree as defined
   52  in section 205.65 of the  penal  law,  sex  trafficking  as  defined  in
   53  section  230.34 of the penal law, criminal possession of a weapon in the
   54  third degree as defined in subdivisions two, three and five  of  section
   55  265.02  of  the penal law, criminal possession of a weapon in the second
   56  degree  as  defined  in  section  265.03  of  the  penal  law,  criminal
       A. 3339                            15
    1  possession  of a weapon in the first degree as defined in section 265.04
    2  of the penal law, manufacture, transport, disposition and defacement  of
    3  weapons  and dangerous instruments and appliances defined as felonies in
    4  subdivisions  one,  two,  and  three of section 265.10 of the penal law,
    5  sections 265.11, 265.12 and 265.13 of the penal law, or  prohibited  use
    6  of  weapons as defined in subdivision two of section 265.35 of the penal
    7  law, relating to firearms and other dangerous  weapons,  or  failure  to
    8  disclose  the  origin  of  a recording in the first degree as defined in
    9  section 275.40 of the penal law;
   10    S 28. Paragraph (a) of subdivision 2 and paragraph (a) of  subdivision
   11  3 of section 168-a of the correction law, paragraph (a) of subdivision 2
   12  as  amended  by  chapter  405  of  the laws of 2008 and paragraph (a) of
   13  subdivision 3 as amended by chapter 107 of the laws of 2006, are amended
   14  to read as follows:
   15    (a) (i) a conviction of or a conviction for an attempt to  commit  any
   16  of  the  provisions of sections 120.70, 130.20, [130.25, 130.30, 130.40,
   17  130.45,] 130.60, 230.34, 250.50, 255.25, 255.26 and 255.27, OR  SUBDIVI-
   18  SION  ONE,  TWO OR THREE OF SECTION 130.25, OR SUBDIVISION ONE OR TWO OF
   19  SECTION 130.30, or article two hundred sixty-three of the penal law,  or
   20  section 135.05, 135.10, 135.20 or 135.25 of such law relating to kidnap-
   21  ping offenses, provided the victim of such kidnapping or related offense
   22  is  less  than seventeen years old and the offender is not the parent of
   23  the victim, or section 230.04, where the person patronized  is  in  fact
   24  less  than  seventeen years of age, 230.05 or 230.06, or subdivision two
   25  of section 230.30, or section 230.32 or 230.33 of the penal law, or (ii)
   26  a conviction of or a conviction for an attempt  to  commit  any  of  the
   27  provisions  of section 235.22 of the penal law, or (iii) a conviction of
   28  or a conviction for an attempt to commit any provisions of the foregoing
   29  sections committed or attempted as  a  hate  crime  defined  in  section
   30  485.05  of  the  penal law or as a crime of terrorism defined in section
   31  490.25 of such law or as a sexually motivated felony defined in  section
   32  130.91 of such law; or (IV) ANY OFFENSE COMMITTED UNDER A FORMER SECTION
   33  OF  ARTICLE ONE HUNDRED THIRTY OF THE PENAL LAW WHICH WOULD CONSTITUTE A
   34  VIOLATION OF THE AFORESAID SECTIONS OF THE PENAL LAW; OR
   35    (a) (i) a conviction of or a conviction for an attempt to  commit  any
   36  of the provisions of sections 130.33, 130.35, [130.50,] 130.65, [130.66,
   37  130.67,  130.70,] 130.75, 130.80, 130.95 and 130.96 of the penal law, or
   38  (ii) a conviction of or a conviction for an attempt to commit any of the
   39  provisions of sections 130.53[, 130.65-a] and 130.90 of the  penal  law,
   40  or [(iii)] SUBDIVISIONS FOUR AND FIVE OF SECTION 130.25 OR 130.30 OF THE
   41  PENAL  LAW,  OR  (III)  ANY OFFENSES COMMITTED UNDER A FORMER SECTION OF
   42  ARTICLE ONE HUNDRED THIRTY OF THE PENAL LAW  WHICH  WOULD  CONSTITUTE  A
   43  VIOLATION  OF  THE  AFORESAID  SECTIONS  OF  THE  PENAL  LAW,  OR (IV) a
   44  conviction of or a conviction for an attempt to commit any provisions of
   45  the foregoing sections committed or attempted as a hate crime defined in
   46  section 485.05 of the penal law or as a crime of  terrorism  defined  in
   47  section 490.25 of such law; or
   48    S  29.  Subparagraph (ii) of paragraph (a), subparagraphs (i) and (ii)
   49  of paragraph (b) and paragraph (e) of subdivision 8 of section 384-b  of
   50  the  social  services  law, subparagraph (ii) of paragraph (a) and para-
   51  graph (e) as added and subparagraphs (i) and (ii) of  paragraph  (b)  as
   52  amended  by  chapter  7  of  the  laws  of  1999, are amended to read as
   53  follows:
   54    (ii) the child has been found to be an abused  child,  as  defined  in
   55  paragraph  (iii) of subdivision (e) of section ten hundred twelve of the
   56  family court act, as a result of such parent's acts; provided,  however,
       A. 3339                            16
    1  the  respondent must have committed or knowingly allowed to be committed
    2  a felony sex offense as defined in [sections] SUBDIVISION  ONE,  TWO  OR
    3  THREE  OF  SECTION  130.25[,]  OR  130.30,  OR  SECTIONS 130.33, 130.35,
    4  [130.40, 130.45, 130.50,] 130.65, [130.67, 130.70,] 130.75 and 130.80 of
    5  the  penal  law  and, for the purposes of this section the corroboration
    6  requirements contained in the penal law shall not apply  to  proceedings
    7  under this section; or
    8    (i)  the child has been found to be an abused child, (A) as defined in
    9  paragraph (i) of subdivision (e) of section ten hundred  twelve  of  the
   10  family  court  act, as a result of such parent's acts; or (B) as defined
   11  in paragraph (iii) of subdivision (e) of section ten hundred  twelve  of
   12  the  family  court  act,  as  a  result of such parent's acts; provided,
   13  however, the respondent must have committed or knowingly allowed  to  be
   14  committed a felony sex offense as defined in [sections] SUBDIVISION ONE,
   15  TWO  OR  THREE  OF  SECTION  130.25,  SUBDIVISION  ONE OR TWO OF SECTION
   16  130.30, OR SECTIONS 130.33, 130.35, [130.40,  130.45,  130.50,]  130.65,
   17  [130.67, 130.70,] 130.75 and 130.80 of the penal law; and
   18    (ii)  (A)  the child or another child for whose care such parent is or
   19  has been legally responsible has been previously found, within the  five
   20  years  immediately  preceding  the initiation of the proceeding in which
   21  such abuse is found, to be an abused child, as defined in paragraph  (i)
   22  or  (iii) of subdivision (e) of section ten hundred twelve of the family
   23  court act, as a result of such parent's acts; provided, however, in  the
   24  case  of a finding of abuse as defined in paragraph (iii) of subdivision
   25  (e) of section ten hundred twelve of the family court act the respondent
   26  must have committed or knowingly allowed to be committed  a  felony  sex
   27  offense  as  defined  in  [sections]  SUBDIVISION  ONE,  TWO OR THREE OF
   28  SECTION 130.25, SUBDIVISION ONE OR TWO OF SECTION  130.30,  OR  SECTIONS
   29  130.33,  130.35,  [130.40,  130.45,  130.50,]  130.65, [130.67, 130.70,]
   30  130.75 and 130.80 of the penal law, or (B) the parent has been convicted
   31  of a crime under SUBDIVISION ONE, TWO OR THREE OF section 130.25, SUBDI-
   32  VISION ONE OR  TWO  OF  SECTION  130.30,  OR  SECTIONS  130.33,  130.35,
   33  [130.40,  130.45, 130.50,] 130.65, [130.67, 130.70,] 130.75 or 130.80 of
   34  the penal law against the child, a sibling of the child or another child
   35  for whose care such parent is or has been  legally  responsible,  within
   36  the  five  year  period  immediately  preceding  the  initiation  of the
   37  proceeding in which abuse is found; and
   38    (e) A determination by the court in accordance with article ten of the
   39  family court act based upon clear and convincing evidence that  a  child
   40  was abused (A) as defined in paragraph (i) of subdivision (e) of section
   41  ten hundred twelve of the family court act, as a result of such parent's
   42  acts; or (B) as defined in paragraph (iii) of subdivision (e) of section
   43  ten hundred twelve of the family court act, as a result of such parent's
   44  acts; provided, however, the respondent must have committed or knowingly
   45  allowed  to  be  committed a felony sex offense as defined in [sections]
   46  SUBDIVISION ONE, TWO OR THREE OF SECTION 130.25, SUBDIVISION ONE OR  TWO
   47  OF SECTION 130.30, OR SECTIONS 130.33, 130.35, [130.40, 130.45, 130.50,]
   48  130.65,  [130.67,  130.70,]  130.75  and  130.80  of the penal law shall
   49  establish that the child was an abused child for the purpose of a deter-
   50  mination as required by subparagraph (i) or (ii)  of  paragraph  (b)  of
   51  this  subdivision.  Such a determination by the court in accordance with
   52  article ten of the family court act based upon a fair  preponderance  of
   53  evidence  shall  be admissible in any proceeding commenced in accordance
   54  with this section.
       A. 3339                            17
    1    S 30. Subdivision 4 of section 509-cc of the vehicle and traffic  law,
    2  as  amended  by  chapter  400 of the laws of 2011, is amended to read as
    3  follows:
    4    (4) (a) The offenses referred to in subparagraph (ii) of paragraph (a)
    5  of  subdivision one and paragraph (a) of subdivision two of this section
    6  that result in permanent disqualification  shall  include  a  conviction
    7  under  sections  125.12, 125.13, 125.14, 125.15, 125.20, 125.21, 125.22,
    8  125.25,  125.26,  125.27,  130.30,  130.33,  130.35,  [130.45,  130.50,]
    9  130.65,  [130.66,  130.67,  130.70,]  130.75,  130.80,  130.90,  130.95,
   10  130.96, 135.25, 150.20, 230.30, 230.32, 230.34, 235.22, 263.05,  263.10,
   11  263.11,  263.15,  263.16 of the penal law or an attempt to commit any of
   12  the aforesaid offenses under section 110.00 of the  penal  law,  or  any
   13  offenses  committed  under a former section of the penal law which would
   14  constitute violations of the aforesaid sections of the penal law, or any
   15  offenses committed outside this state which would constitute  violations
   16  of the aforesaid sections of the penal law.
   17    (b)  The offenses referred to in subparagraph (ii) of paragraph (a) of
   18  subdivision one and paragraph (b) of subdivision  two  of  this  section
   19  that  result  in  permanent  disqualification shall include a conviction
   20  under sections 100.13, 105.15, 105.17, 115.08, 120.12,  120.70,  125.10,
   21  125.11,  [130.40,]  130.25,  130.53, 130.60, [130.65-a,] 135.20, 160.15,
   22  220.18, 220.21, 220.39, 220.41, 220.43, 220.44, 230.25,  260.00,  265.04
   23  of  the  penal law or an attempt to commit any of the aforesaid offenses
   24  under section 110.00 of the penal law, or any offenses committed under a
   25  former section of the penal law which would constitute violations of the
   26  aforesaid sections of the penal law, or any offenses  committed  outside
   27  this  state  which would constitute violations of the aforesaid sections
   28  of the penal law.
   29    (c) The offenses referred to in subparagraph (i) of paragraph  (b)  of
   30  subdivision one and subparagraph (i) of paragraph (c) of subdivision two
   31  of  this  section  that  result in disqualification for a period of five
   32  years shall include a conviction under sections 100.10, 105.13,  115.05,
   33  120.03,  120.04,  120.04-a,  120.05,  120.10,  120.25,  121.12,  121.13,
   34  125.40,  125.45,  130.20,  [130.25,]  130.52,  130.55,  135.10,  135.55,
   35  140.17,  140.25, 140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06,
   36  220.09, 220.16, 220.31, 220.34, 220.60, 220.65, 221.30, 221.50,  221.55,
   37  230.00,  230.05, 230.06, 230.20, 235.05, 235.06, 235.07, 235.21, 240.06,
   38  245.00, 260.10, subdivision two of section 260.20 and  sections  260.25,
   39  265.02,  265.03, 265.08, 265.09, 265.10, 265.12, 265.35 of the penal law
   40  or an attempt to commit any of  the  aforesaid  offenses  under  section
   41  110.00  of  the  penal  law,  or  any similar offenses committed under a
   42  former section of the penal law,  or  any  offenses  committed  under  a
   43  former section of the penal law which would constitute violations of the
   44  aforesaid  sections  of the penal law, or any offenses committed outside
   45  this state which would constitute violations of the  aforesaid  sections
   46  of the penal law.
   47    S  31.  Subdivision  (b)  of  section  117 of the family court act, as
   48  amended by chapter 7 of the laws of 2007, is amended to read as follows:
   49    (b) For every juvenile  delinquency  proceeding  under  article  three
   50  involving  an  allegation of an act committed by a person which, if done
   51  by an adult, would be a crime (i) defined in sections 125.27 (murder  in
   52  the first degree); 125.25 (murder in the second degree); 135.25 (kidnap-
   53  ping  in the first degree); or 150.20 (arson in the first degree) of the
   54  penal law committed by a person thirteen, fourteen or fifteen  years  of
   55  age;  or  such  conduct  committed as a sexually motivated felony, where
   56  authorized pursuant to section 130.91 of the penal law; (ii) defined  in
       A. 3339                            18
    1  sections  120.10  (assault in the first degree); 125.20 (manslaughter in
    2  the first degree); SUBDIVISION ONE OF SECTION 130.35 (rape in the  first
    3  degree);  [130.50  (criminal  sexual  act in the first degree);] SECTION
    4  135.20  (kidnapping  in the second degree), but only where the abduction
    5  involved the use or threat of  use  of  deadly  physical  force;  150.15
    6  (arson in the second degree); or 160.15 (robbery in the first degree) of
    7  the  penal law committed by a person thirteen, fourteen or fifteen years
    8  of age; or such conduct committed as a sexually motivated felony,  where
    9  authorized pursuant to section 130.91 of the penal law; (iii) defined in
   10  the  penal  law  as  an  attempt to commit murder in the first or second
   11  degree or kidnapping in the first degree committed by a person thirteen,
   12  fourteen or fifteen years of age; or such conduct committed as a sexual-
   13  ly motivated felony, where authorized pursuant to section 130.91 of  the
   14  penal  law;  (iv)  defined  in  section  140.30  (burglary  in the first
   15  degree); subdivision one of  section  140.25  (burglary  in  the  second
   16  degree);  subdivision  two  of  section  160.10  (robbery  in the second
   17  degree) of the penal law; or section 265.03 of the penal law, where such
   18  machine gun or such firearm is possessed  on  school  grounds,  as  that
   19  phrase is defined in subdivision fourteen of section 220.00 of the penal
   20  law  committed  by  a  person  fourteen or fifteen years of age; or such
   21  conduct committed as  a  sexually  motivated  felony,  where  authorized
   22  pursuant  to  section  130.91  of  the penal law; (v) defined in section
   23  120.05 (assault in the second degree) or 160.10 (robbery in  the  second
   24  degree) of the penal law committed by a person fourteen or fifteen years
   25  of  age  but  only  where there has been a prior finding by a court that
   26  such person has previously committed an act which, if  committed  by  an
   27  adult,  would  be  the crime of assault in the second degree, robbery in
   28  the second degree or any designated felony act specified in clause  (i),
   29  (ii)  or  (iii) of this subdivision regardless of the age of such person
   30  at the time of the commission of the prior act; or  (vi)  other  than  a
   31  misdemeanor,  committed by a person at least seven but less than sixteen
   32  years of age, but only where there has been two prior  findings  by  the
   33  court  that such person has committed a prior act which, if committed by
   34  an adult would be a felony:
   35    (i) There is hereby established in the family court in the city of New
   36  York at least one "designated felony act part." Such part or parts shall
   37  be held separate from all other proceedings of the court, and shall have
   38  jurisdiction over all proceedings involving such an allegation. All such
   39  proceedings shall be originated in or be transferred to this  part  from
   40  other parts as they are made known to the court.
   41    (ii)  Outside  the city of New York, all proceedings involving such an
   42  allegation shall have a hearing preference over every  other  proceeding
   43  in the court, except proceedings under article ten.
   44    S  32.  Paragraph (ii) of subdivision 8 of section 301.2 of the family
   45  court act, as amended by chapter 7 of the laws of 2007,  is  amended  to
   46  read as follows:
   47    (ii)  defined in sections 120.10 (assault in the first degree); 125.20
   48  (manslaughter in the first degree); 130.35 (rape in the  first  degree);
   49  [130.50  (criminal  sexual  act in the first degree); 130.70 (aggravated
   50  sexual abuse in the first degree);] 135.20  (kidnapping  in  the  second
   51  degree)  but  only where the abduction involved the use or threat of use
   52  of deadly physical force; 150.15 (arson in the second degree) or  160.15
   53  (robbery  in  the  first  degree) of the penal law committed by a person
   54  thirteen, fourteen or fifteen years of age; or such conduct committed as
   55  a sexually motivated felony, where authorized pursuant to section 130.91
   56  of the penal law;
       A. 3339                            19
    1    S 33. Subdivision 4 of section 308.1  of  the  family  court  act,  as
    2  amended  by  chapter  264  of  the  laws  of 2003, is amended to read as
    3  follows:
    4    4.  The  probation  service shall not adjust a case in which the child
    5  has allegedly committed a delinquent act which would be a crime  defined
    6  in section 120.25, (reckless endangerment in the first degree), subdivi-
    7  sion  one of section 125.15, (manslaughter in the second degree), subdi-
    8  vision one of section 130.25,  (rape  in  the  [third]  FOURTH  degree),
    9  [subdivision  one  of  section 130.40, (criminal sexual act in the third
   10  degree),] subdivision one or two of section 130.65, (sexual abuse in the
   11  first degree), section 135.65, (coercion in the first  degree),  section
   12  140.20,  (burglary  in  the third degree), section 150.10, (arson in the
   13  third degree), section 160.05, (robbery in the third  degree),  subdivi-
   14  sion  two,  three  or  four of section 265.02, (criminal possession of a
   15  weapon in the third degree), section 265.03, (criminal possession  of  a
   16  weapon in the second degree), or section 265.04, (criminal possession of
   17  a dangerous weapon in the first degree) of the penal law where the child
   18  has previously had one or more adjustments of a case in which such child
   19  allegedly  committed  an  act  which  would be a crime specified in this
   20  subdivision unless it has received written approval from the  court  and
   21  the appropriate presentment agency.
   22    S  34.  Subdivision  (c)  of  section 1052 of the family court act, as
   23  added by chapter 739 of the laws of 1981, is amended to read as follows:
   24    (c) Prior to granting an order of disposition pursuant to  subdivision
   25  (a) of this section following an adjudication of child abuse, as defined
   26  in  paragraph  (i)  of  subdivision (e) of section ten hundred twelve of
   27  this act or a finding of a felony sex offense as defined  in  [sections]
   28  SUBDIVISION  ONE, TWO OR THREE OF SECTION 130.25, SUBDIVISION ONE OR TWO
   29  OF SECTION 130.30, OR  SECTION  130.35,  [130.40,  130.45,  130.50,]  OR
   30  130.65  [and  130.70]  of  the  penal  law,  the  court shall advise the
   31  respondent that any subsequent adjudication of child abuse,  as  defined
   32  in  paragraph  (i)  of subdivision (e) of section one thousand twelve of
   33  this act or any subsequent finding of a felony sex offense as defined in
   34  those sections of the penal law herein enumerated, arising out  of  acts
   35  of  the  respondent may result in the commitment of the guardianship and
   36  custody of the child or another child pursuant to section three  hundred
   37  eighty-four-b  of the social services law. The order in such cases shall
   38  contain a statement that any subsequent adjudication of child  abuse  or
   39  finding  of  a  felony sex offense as described herein may result in the
   40  commitment of the guardianship and custody  of  the  child,  or  another
   41  child  pursuant  to  section  three  hundred eighty-four-b of the social
   42  services law.
   43    S 35. Subdivision 2 of section 61 of the civil rights law, as  amended
   44  by  section 54 of subpart B of part C of chapter 62 of the laws of 2011,
   45  is amended to read as follows:
   46    2. If the petitioner stands convicted of a violent felony  offense  as
   47  defined in section 70.02 of the penal law or a felony defined in article
   48  one  hundred  twenty-five of such law or any of the following provisions
   49  of such law sections 130.25, 130.30, [130.40, 130.45,]  255.25,  255.26,
   50  255.27, article two hundred sixty-three, 135.10, 135.25, 230.05, 230.06,
   51  subdivision  two  of section 230.30 or 230.32, and is currently confined
   52  as an inmate in any correctional facility or currently under the  super-
   53  vision  of  the department of corrections and community supervision or a
   54  county probation department as a result of such conviction, the petition
   55  shall for each such conviction specify such felony conviction, the  date
       A. 3339                            20
    1  of  such  conviction  or  convictions,  and  the  court  in  which  such
    2  conviction or convictions were entered.
    3    S  36. Subdivision 2 of section 62 of the civil rights law, as amended
    4  by section 55 of subpart B of part C of chapter 62 of the laws of  2011,
    5  is amended to read as follows:
    6    2.  If  the  petition  be  to  change  the  name of a person currently
    7  confined as an inmate in any correctional facility  or  currently  under
    8  the  supervision  of  the department of corrections and community super-
    9  vision or a county probation department as a result of a conviction  for
   10  a violent felony offense as defined in section 70.02 of the penal law or
   11  a  felony  defined in article one hundred twenty-five of such law or any
   12  of the  following  provisions  of  such  law  sections  130.25,  130.30,
   13  [130.40,  130.45,]  255.25,  255.26,  255.27, article two hundred sixty-
   14  three, 135.10, 135.25, 230.05, 230.06, subdivision two of section 230.30
   15  or 230.32, notice of the time and place when and where the petition will
   16  be presented shall be served, in like manner as a  notice  of  a  motion
   17  upon an attorney in an action, upon the district attorney of every coun-
   18  ty  in  which such person has been convicted of such felony and upon the
   19  court or courts in which the  sentence  for  such  felony  was  entered.
   20  Unless  a  shorter  period  of time is ordered by the court, said notice
   21  shall be served upon each such district attorney and court or courts not
   22  less than sixty days prior to the date on which such petition is noticed
   23  to be heard.
   24    S 37. The closing paragraph of section 64 of the civil rights law,  as
   25  separately  amended by chapters 258, 320 and 481 of the laws of 2006, is
   26  amended to read as follows:
   27    Upon compliance with the order and the filing of the affidavit of  the
   28  publication,  as  provided  in  this  section, the clerk of the court in
   29  which the order has been entered shall certify that the order  has  been
   30  complied  with;  and,  if the petition states that the petitioner stands
   31  convicted of a violent felony offense as defined in section 70.02 of the
   32  penal law or a felony defined in article one hundred twenty-five of such
   33  law or any of the following provisions  of  such  law  sections  130.25,
   34  130.30,  [130.40,  130.45,]  255.25, 255.26, 255.27, article two hundred
   35  sixty-three, 135.10, 135.25, 230.05, 230.06, subdivision two of  section
   36  230.30  or  230.32, such clerk (1) shall deliver, by first class mail, a
   37  copy of such  certified  order  to  the  division  of  criminal  justice
   38  services at its office in the county of Albany and (2) upon the clerk of
   39  the  court  reviewing  the  petitioner's application for name change and
   40  subsequent in-court inquiry, may, in the clerk's discretion, deliver, by
   41  first class mail, the petitioner's new name with such certified order to
   42  the court of competent jurisdiction which imposed the orders of support.
   43  Such certification shall appear on the original order and on any  certi-
   44  fied  copy  thereof  and  shall be entered in the clerk's minutes of the
   45  proceeding.
   46    S 38. Section 213-c of the civil practice law and rules, as  added  by
   47  chapter 3 of the laws of 2006, is amended to read as follows:
   48    S  213-c.  Action  by  victim  of  conduct constituting certain sexual
   49  offenses. Notwithstanding any other limitation set forth in  this  arti-
   50  cle,  a  civil  claim  or cause of action to recover from a defendant as
   51  hereinafter defined, for physical,  psychological  or  other  injury  or
   52  condition  suffered by a person as a result of acts by such defendant of
   53  rape in the first degree as defined in section 130.35 of the penal  law,
   54  [or criminal sexual act in the first degree as defined in section 130.50
   55  of  the  penal  law,  or  aggravated sexual abuse in the first degree as
   56  defined in section 130.70 of the penal law,] or course of sexual conduct
       A. 3339                            21
    1  against a child in the first degree as defined in section 130.75 of  the
    2  penal law may be brought within five years. As used in this section, the
    3  term "defendant" shall mean only a person who commits the acts described
    4  in  this section or who, in a criminal proceeding, could be charged with
    5  criminal liability for the commission of such acts pursuant  to  section
    6  20.00 of the penal law and shall not apply to any related civil claim or
    7  cause of action arising from such acts. Nothing in this section shall be
    8  construed  to  require  that  a criminal charge be brought or a criminal
    9  conviction be obtained as a condition  of  bringing  a  civil  cause  of
   10  action  or  receiving  a  civil  judgment pursuant to this section or be
   11  construed to require that any of the rules governing a criminal proceed-
   12  ing be applicable to any such civil action.
   13    S 39. Paragraph (b) of subdivision 8 of section 215 of the civil prac-
   14  tice law and rules, as added by chapter  3  of  the  laws  of  2006,  is
   15  amended to read as follows:
   16    (b)  Whenever  it  is  shown  that  a criminal action against the same
   17  defendant has been commenced with respect to  the  event  or  occurrence
   18  from  which  a  claim governed by this section arises, and such criminal
   19  action is for rape in the first degree as defined in section  130.35  of
   20  the penal law, [or criminal sexual act in the first degree as defined in
   21  section 130.50 of the penal law, or aggravated sexual abuse in the first
   22  degree  as  defined  in  section  130.70 of the penal law,] or course of
   23  sexual conduct against a child in the first degree as defined in section
   24  130.75 of the penal law, the plaintiff shall have at  least  five  years
   25  from  the  termination of the criminal action as defined in section 1.20
   26  of the criminal procedure law in which to  commence  the  civil  action,
   27  notwithstanding  that  the  time  in  which  to commence such action has
   28  already expired or has less than a year remaining.
   29    S 40. Subdivision 11 of section 123 of  the  agriculture  and  markets
   30  law,  as amended by chapter 392 of the laws of 2004, and such section as
   31  renumbered by section 18 of part T of chapter 59 of the laws of 2010, is
   32  amended to read as follows:
   33    11. The owner shall not be liable pursuant to subdivision six,  seven,
   34  eight,  nine  or ten of this section if the dog was coming to the aid or
   35  defense of a person during the commission or attempted commission  of  a
   36  murder, robbery, burglary, arson, rape in the first degree as defined in
   37  PARAGRAPH  (A)  OR  (B) OF subdivision one [or two] of section 130.35 of
   38  the penal law[, criminal sexual act in the first degree  as  defined  in
   39  subdivision one or two of section 130.50 of the penal law] or kidnapping
   40  within  the  dwelling  or upon the real property of the owner of the dog
   41  and the dog injured or killed the person committing such criminal activ-
   42  ity.
   43    S 41. This act shall take effect on the ninetieth day after  it  shall
   44  have become a law and shall apply to any offense on or after such effec-
   45  tive  date.  As  it pertains to the repealed sections of law, nothing in
   46  this act shall affect a requirement to register pursuant to article  6-C
   47  of  the  correction law; a lawfully required disclosure of a conviction;
   48  any restriction or prohibition for certain types of employment, housing,
   49  or government  benefit;  or  any  other  ongoing  matter  related  to  a
   50  conviction of the sections repealed in this act.