S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         3515

                              2013-2014 Regular Sessions

                                   I N  S E N A T E

                                   February 5, 2013
                                      ___________

       Introduced  by  Sens. YOUNG, GOLDEN, LARKIN, RANZENHOFER, ZELDIN -- read
         twice and ordered printed, and when printed to  be  committed  to  the
         Committee on Codes

       AN  ACT  to  amend  the  penal  law,  the  criminal  procedure  law, the
         correction law, the social services law, the vehicle and traffic  law,
         the family court act, the civil rights law, the civil practice law and
         rules  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    2  and 130.70 of the penal law are REPEALED.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-
   17  vated  sexual abuse in the first degree);] 140.30 (burglary in the first
   18  degree); subdivision one of  section  140.25  (burglary  in  the  second
   19  degree);  150.15  (arson  in  the second degree); 160.15 (robbery in the
   20  first degree); subdivision two of section 160.10 (robbery in the  second

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02734-03-3

       S. 3515                             2

    1  degree)  of  this chapter; or section 265.03 of this chapter, where such
    2  machine gun or such firearm is possessed  on  school  grounds,  as  that
    3  phrase  is  defined  in  subdivision  fourteen of section 220.00 of this
    4  chapter;  or  defined  in this chapter as an attempt to commit murder in
    5  the second degree or kidnapping in the first degree, or such conduct  as
    6  a sexually motivated felony, where authorized pursuant to section 130.91
    7  of [the penal law] THIS CHAPTER.
    8    S  3.  Subdivision  2 of section 30.00 of the penal law, as amended by
    9  chapter 7 of the laws of 2007, is amended to read as follows:
   10    2. A person thirteen, fourteen or fifteen years of age  is  criminally
   11  responsible for acts constituting murder in the second degree as defined
   12  in  subdivisions  one and two of section 125.25 and in subdivision three
   13  of such section provided that the underlying crime for the murder charge
   14  is one for which such person  is  criminally  responsible  or  for  such
   15  conduct  as  a  sexually  motivated felony, where authorized pursuant to
   16  section 130.91 [of the penal law]; and  a  person  fourteen  or  fifteen
   17  years  of age is criminally responsible for acts constituting the crimes
   18  defined in section 135.25  (kidnapping  in  the  first  degree);  150.20
   19  (arson  in the first degree); subdivisions one and two of section 120.10
   20  (assault in  the  first  degree);  125.20  (manslaughter  in  the  first
   21  degree);  [subdivisions  one  and] PARAGRAPHS (A) AND (B) OF SUBDIVISION
   22  ONE AND SUBDIVISION two of section 130.35 (rape in  the  first  degree);
   23  [subdivisions  one and two of section 130.50 (criminal sexual act in the
   24  first degree); 130.70 (aggravated sexual abuse in  the  first  degree);]
   25  140.30 (burglary in the first degree); subdivision one of section 140.25
   26  (burglary  in  the  second degree); 150.15 (arson in the second degree);
   27  160.15 (robbery in the first degree); subdivision two of section  160.10
   28  (robbery  in  the  second  degree) of this chapter; or section 265.03 of
   29  this chapter, where such machine gun or such  firearm  is  possessed  on
   30  school  grounds,  as  that  phrase is defined in subdivision fourteen of
   31  section 220.00 of this chapter; or defined in this chapter as an attempt
   32  to commit murder in the second degree or kidnapping in the first degree,
   33  or for such conduct as a sexually  motivated  felony,  where  authorized
   34  pursuant to section 130.91 of [the penal law] OF THIS CHAPTER.
   35    S  4.  Paragraphs  (a),  (b),  (c) and (d) of subdivision 1 of section
   36  70.02 of the penal law, paragraph (a) as amended by chapter 320  of  the
   37  laws of 2006, paragraphs (b) and (c) as amended by chapter 1 of the laws
   38  of  2013, and paragraph (d) as amended by chapter 7 of the laws of 2007,
   39  are amended to read as follows:
   40    (a) Class B violent felony offenses: an attempt to  commit  the  class
   41  A-I  felonies  of  murder  in  the  second  degree as defined in section
   42  125.25, kidnapping in the first degree as defined in section 135.25, and
   43  arson in the first degree as defined in section 150.20; manslaughter  in
   44  the  first  degree as defined in section 125.20, aggravated manslaughter
   45  in the first degree as defined in section  125.22,  rape  in  the  first
   46  degree  as  defined in section 130.35, [criminal sexual act in the first
   47  degree as defined in section 130.50,  aggravated  sexual  abuse  in  the
   48  first  degree  as  defined  in section 130.70,] course of sexual conduct
   49  against a child in the  first  degree  as  defined  in  section  130.75;
   50  assault  in the first degree as defined in section 120.10, kidnapping in
   51  the second degree as defined in section 135.20, burglary  in  the  first
   52  degree  as  defined  in  section  140.30,  arson in the second degree as
   53  defined in section 150.15, robbery in the first  degree  as  defined  in
   54  section 160.15, incest in the first degree as defined in section 255.27,
   55  criminal  possession  of  a  weapon  in  the  first degree as defined in
   56  section 265.04, criminal use of a firearm in the first degree as defined

       S. 3515                             3

    1  in section 265.09, criminal sale of a firearm in  the  first  degree  as
    2  defined in section 265.13, aggravated assault upon a police officer or a
    3  peace  officer  as  defined in section 120.11, gang assault in the first
    4  degree as defined in section 120.07, intimidating a victim or witness in
    5  the  first degree as defined in section 215.17, hindering prosecution of
    6  terrorism in the first degree as defined  in  section  490.35,  criminal
    7  possession  of  a  chemical  weapon  or  biological weapon in the second
    8  degree as defined in section 490.40, and  criminal  use  of  a  chemical
    9  weapon  or  biological  weapon in the third degree as defined in section
   10  490.47 AND ANY OFFENSES COMMITTED UNDER A FORMER SECTION OF ARTICLE  ONE
   11  HUNDRED THIRTY OF THIS CHAPTER WHICH WOULD CONSTITUTE A VIOLATION OF THE
   12  AFORESAID SECTIONS OF THIS CHAPTER.
   13    (b)  Class  C violent felony offenses: an attempt to commit any of the
   14  class B felonies set forth in paragraph (a) of this subdivision;  aggra-
   15  vated criminally negligent homicide as defined in section 125.11, aggra-
   16  vated  manslaughter  in  the second degree as defined in section 125.21,
   17  [aggravated sexual abuse in the second  degree  as  defined  in  section
   18  130.67]  RAPE IN THE SECOND DEGREE AS DEFINED IN SECTION 130.33, assault
   19  on a  peace  officer,  police  officer,  fireman  or  emergency  medical
   20  services  professional  as defined in section 120.08, assault on a judge
   21  as defined in section 120.09, gang  assault  in  the  second  degree  as
   22  defined  in section 120.06, strangulation in the first degree as defined
   23  in section 121.13, burglary in the second degree as defined  in  section
   24  140.25, robbery in the second degree as defined in section 160.10, crim-
   25  inal  possession  of a weapon in the second degree as defined in section
   26  265.03, criminal use of a firearm in the second  degree  as  defined  in
   27  section  265.08,  criminal  sale  of  a  firearm in the second degree as
   28  defined in section 265.12, criminal sale of a firearm with the aid of  a
   29  minor  as defined in section 265.14, aggravated criminal possession of a
   30  weapon as defined in section 265.19, soliciting or providing support for
   31  an act of terrorism in the first degree as defined  in  section  490.15,
   32  hindering  prosecution  of  terrorism in the second degree as defined in
   33  section 490.30, and criminal possession of a chemical weapon or  biolog-
   34  ical  weapon  in  the  third degree as defined in section 490.37 AND ANY
   35  OFFENSES COMMITTED UNDER A FORMER SECTION OF ARTICLE ONE HUNDRED  THIRTY
   36  OF  THIS  CHAPTER  WHICH  WOULD  CONSTITUTE A VIOLATION OF THE AFORESAID
   37  SECTIONS OF THIS CHAPTER.
   38    (c) Class D violent felony offenses: an attempt to commit any  of  the
   39  class C felonies set forth in paragraph (b); reckless assault of a child
   40  as defined in section 120.02, assault in the second degree as defined in
   41  section 120.05, menacing a police officer or peace officer as defined in
   42  section  120.18, stalking in the first degree, as defined in subdivision
   43  one of section 120.60, strangulation in the second degree as defined  in
   44  section  121.12, rape in the [second] THIRD degree as defined in section
   45  130.30, [criminal sexual act in the second degree as defined in  section
   46  130.45,]  sexual abuse in the first degree as defined in section 130.65,
   47  course of sexual conduct against a child in the second degree as defined
   48  in section 130.80, [aggravated sexual  abuse  in  the  third  degree  as
   49  defined in section 130.66,] facilitating a sex offense with a controlled
   50  substance  as defined in section 130.90, criminal possession of a weapon
   51  in the third degree as defined in subdivision five, six,  seven,  eight,
   52  nine  or  ten of section 265.02, criminal sale of a firearm in the third
   53  degree as defined in section 265.11, intimidating a victim or witness in
   54  the second degree as defined in section 215.16, soliciting or  providing
   55  support  for  an  act  of  terrorism  in the second degree as defined in
   56  section 490.10, and making a terroristic threat as  defined  in  section

       S. 3515                             4

    1  490.20,  falsely reporting an incident in the first degree as defined in
    2  section 240.60, placing a false bomb or hazardous substance in the first
    3  degree as defined in section 240.62, placing a false bomb  or  hazardous
    4  substance  in a sports stadium or arena, mass transportation facility or
    5  enclosed shopping mall as defined in section 240.63, [and] OR aggravated
    6  unpermitted use of indoor pyrotechnics in the first degree as defined in
    7  section 405.18 AND ANY OFFENSES COMMITTED  UNDER  A  FORMER  SECTION  OF
    8  ARTICLE  ONE  HUNDRED  THIRTY  OF  THIS CHAPTER WHICH WOULD CONSTITUTE A
    9  VIOLATION OF THE AFORESAID SECTIONS OF THIS CHAPTER.
   10    (d) Class E violent felony offenses: an attempt to commit any  of  the
   11  felonies  of  criminal  possession  of  a  weapon in the third degree as
   12  defined in subdivision five, six, seven or eight of section 265.02 as  a
   13  lesser  included offense of that section as defined in section 220.20 of
   14  the criminal procedure  law,  persistent  sexual  abuse  as  defined  in
   15  section 130.53, [aggravated sexual abuse in the fourth degree as defined
   16  in  section  130.65-a,] RAPE IN THE FOURTH DEGREE AS DEFINED IN SUBDIVI-
   17  SIONS FOUR AND FIVE OF SECTION 130.25, falsely reporting an incident  in
   18  the  second  degree  as defined in section 240.55 [and], placing a false
   19  bomb or hazardous substance in the second degree as defined  in  section
   20  240.61  AND ANY OFFENSES COMMITTED UNDER A FORMER SECTION OF ARTICLE ONE
   21  HUNDRED THIRTY OF THIS CHAPTER WHICH WOULD CONSTITUTE A VIOLATION OF THE
   22  AFORESAID SECTIONS OF THIS CHAPTER.
   23    S 5. Paragraph b of subdivision 5 of section 120.40 of the penal  law,
   24  as  amended  by  chapter  320 of the laws of 2006, is amended to read as
   25  follows:
   26    b. a  crime  defined  in  section  130.20,  130.25,  130.30,  [130.40,
   27  130.45,] 130.55, 130.60, [130.70,] 255.25, 255.26 or 255.27;
   28    S 6. Paragraph (d) of subdivision 2 and paragraph (h) of subdivision 3
   29  of  section  130.05  of the penal law, paragraph (d) of subdivision 2 as
   30  amended by chapter 40 of the laws of 2004 and paragraph (h) of  subdivi-
   31  sion  3  as amended by section 2 of part G of chapter 501 of the laws of
   32  2012, are amended to read as follows:
   33    (d) Where the offense charged is rape in the [third] FOURTH degree  as
   34  defined  in subdivision three of section 130.25, [or criminal sexual act
   35  in the third degree as defined in subdivision three of section  130.40,]
   36  in  addition  to  forcible compulsion, circumstances under which, at the
   37  time of the act of intercourse,  oral  sexual  conduct  or  anal  sexual
   38  conduct,  the victim clearly expressed that he or she did not consent to
   39  engage in such act, and a reasonable person  in  the  actor's  situation
   40  would  have  understood such person's words and acts as an expression of
   41  lack of consent to such act under all the circumstances.
   42    (h) a client or patient and the actor is a  health  care  provider  or
   43  mental  health  care  provider  charged  with rape in the [third] FOURTH
   44  degree as defined in section 130.25, [criminal sexual act in  the  third
   45  degree  as  defined  in  section  130.40, aggravated sexual abuse in the
   46  fourth degree as defined in section 130.65-a,] or sexual  abuse  in  the
   47  third degree as defined in section 130.55, and the act of sexual conduct
   48  occurs  during a treatment session, consultation, interview, or examina-
   49  tion; or
   50    S 7. Subdivision 3 of section 130.10 of the penal law, as  amended  by
   51  chapter 264 of the laws of 2003, is amended to read as follows:
   52    3.  In  any  prosecution  for  the crime of rape in the [third] FOURTH
   53  degree as defined in section 130.25, [criminal sexual act in  the  third
   54  degree  as  defined  in  section  130.40, aggravated sexual abuse in the
   55  fourth degree as defined in section 130.65-a,] or sexual  abuse  in  the
   56  third degree as defined in section 130.55 in which incapacity to consent

       S. 3515                             5

    1  is  based on the circumstances set forth in paragraph (h) of subdivision
    2  three of section 130.05 of this  article  it  shall  be  an  affirmative
    3  defense  that  the  client  or patient consented to such conduct charged
    4  after  having been expressly advised by the health care or mental health
    5  care provider that such conduct was not performed for  a  valid  medical
    6  purpose.
    7    S  8.  Section 130.25 of the penal law, as amended by chapter 1 of the
    8  laws of 2000, is amended to read as follows:
    9  S 130.25 Rape in the [third] FOURTH degree.
   10    A person is guilty of rape in the [third] FOURTH degree when:
   11    1. He or she engages in sexual intercourse, ORAL  SEXUAL  CONDUCT,  OR
   12  ANAL  SEXUAL  CONDUCT with another person who is incapable of consent by
   13  reason of some factor other than being less than seventeen years old;
   14    2. Being twenty-one years old or more, he or  she  engages  in  sexual
   15  intercourse,  ORAL  SEXUAL  CONDUCT, OR ANAL SEXUAL CONDUCT with another
   16  person less than seventeen years old; [or]
   17    3. He or she engages in sexual intercourse, ORAL  SEXUAL  CONDUCT,  OR
   18  ANAL  SEXUAL  CONDUCT  with another person without such person's consent
   19  where such lack of consent is by reason of some factor other than  inca-
   20  pacity to consent[.];
   21    4.  HE  OR SHE INSERTS A FOREIGN OBJECT IN THE VAGINA, URETHRA, PENIS,
   22  RECTUM OR ANUS OF ANOTHER PERSON AND THE OTHER PERSON  IS  INCAPABLE  OF
   23  CONSENT  BY  REASON  OF SOME FACTOR OTHER THAN BEING LESS THAN SEVENTEEN
   24  YEARS OLD; OR
   25    5. HE OR SHE INSERTS A FINGER IN THE VAGINA, URETHRA, PENIS, RECTUM OR
   26  ANUS OF ANOTHER PERSON CAUSING PHYSICAL INJURY TO SUCH PERSON  AND  SUCH
   27  PERSON IS INCAPABLE OF CONSENT BY REASON OF SOME FACTOR OTHER THAN BEING
   28  LESS THAN SEVENTEEN YEARS OLD.
   29    CONDUCT  PERFORMED  FOR  A  VALID MEDICAL PURPOSE DOES NOT VIOLATE THE
   30  PROVISIONS OF SUBDIVISIONS FOUR AND FIVE OF THIS SECTION.
   31    Rape in the [third] FOURTH degree is a class E felony.
   32    S 9. Section 130.30 of the penal law, as amended by chapter 1  of  the
   33  laws of 2000, is amended to read as follows:
   34  S 130.30 Rape in the [second] THIRD degree.
   35    A person is guilty of rape in the [second] THIRD degree when:
   36    1.  being  eighteen  years  old  or  more, he or she engages in sexual
   37  intercourse, ORAL SEXUAL CONDUCT, OR ANAL SEXUAL  CONDUCT  with  another
   38  person less than fifteen years old; [or]
   39    2.  he  or  she engages in sexual intercourse, ORAL SEXUAL CONDUCT, OR
   40  ANAL SEXUAL CONDUCT with another person who is incapable of  consent  by
   41  reason of being mentally disabled or mentally incapacitated[.];
   42    3.  HE  OR SHE INSERTS A FOREIGN OBJECT IN THE VAGINA, URETHRA, PENIS,
   43  RECTUM OR ANUS OF ANOTHER PERSON:
   44    (A) BY FORCIBLE COMPULSION; OR
   45    (B) WHEN THE OTHER PERSON IS INCAPABLE OF CONSENT BY REASON  OF  BEING
   46  PHYSICALLY HELPLESS; OR
   47    (C) WHEN THE OTHER PERSON IS LESS THAN ELEVEN YEARS OLD; OR
   48    4.  HE  OR SHE INSERTS A FOREIGN OBJECT IN THE VAGINA, URETHRA, PENIS,
   49  RECTUM OR ANUS OF ANOTHER PERSON CAUSING PHYSICAL INJURY TO SUCH  PERSON
   50  AND  SUCH  PERSON  IS  INCAPABLE  OF CONSENT BY REASON OF BEING MENTALLY
   51  DISABLED OR MENTALLY INCAPACITATED.
   52    CONDUCT PERFORMED FOR A VALID MEDICAL PURPOSE DOES NOT VIOLATE  SUBDI-
   53  VISIONS THREE AND FOUR OF THIS SECTION.
   54    It  shall  be  an  affirmative  defense  to  the  crime of rape in the
   55  [second] THIRD degree as defined in subdivision one of this section that

       S. 3515                             6

    1  the defendant was less than four years older than the victim at the time
    2  of the act.
    3    Rape in the [second] THIRD degree is a class D felony.
    4    S  10. The penal law is amended by adding a new section 130.33 to read
    5  as follows:
    6  S 130.33 RAPE IN THE SECOND DEGREE.
    7    A PERSON IS GUILTY OF RAPE IN THE SECOND DEGREE WHEN HE OR SHE INSERTS
    8  A FINGER IN THE VAGINA, URETHRA, PENIS, RECTUM OR ANUS OF ANOTHER PERSON
    9  CAUSING PHYSICAL INJURY TO SUCH PERSON:
   10    1. BY FORCIBLE COMPULSION; OR
   11    2. WHEN THE OTHER PERSON IS INCAPABLE OF CONSENT BY  REASON  OF  BEING
   12  PHYSICALLY HELPLESS; OR
   13    3. WHEN THE OTHER PERSON IS LESS THAN ELEVEN YEARS OLD.
   14    CONDUCT  PERFORMED  FOR  A  VALID MEDICAL PURPOSE DOES NOT VIOLATE THE
   15  PROVISIONS OF THIS SECTION.
   16    RAPE IN THE SECOND DEGREE IS A CLASS C FELONY.
   17    S 11. Section 130.35 of the penal law, as amended by chapter 1 of  the
   18  laws of 2000, is amended to read as follows:
   19  S 130.35 Rape in the first degree.
   20    A person is guilty of rape in the first degree when:
   21    1.  he  or  she engages in sexual intercourse, ORAL SEXUAL CONDUCT, OR
   22  ANAL SEXUAL CONDUCT with another person:
   23    [1.] (A) By forcible compulsion; or
   24    [2.] (B) Who is incapable of consent by  reason  of  being  physically
   25  helpless; or
   26    [3.] (C) Who is less than eleven years old; or
   27    [4.] (D) Who is less than thirteen years old and the actor is eighteen
   28  years old or more[.];
   29    2.  HE  OR SHE INSERTS A FOREIGN OBJECT IN THE VAGINA, URETHRA, PENIS,
   30  RECTUM OR ANUS OF ANOTHER PERSON CAUSING PHYSICAL INJURY TO SUCH PERSON:
   31    (A) BY FORCIBLE COMPULSION; OR
   32    (B) WHEN THE OTHER PERSON IS INCAPABLE OF CONSENT BY REASON  OF  BEING
   33  PHYSICALLY HELPLESS; OR
   34    (C) WHEN THE OTHER PERSON IS LESS THAN ELEVEN YEARS OLD.
   35    CONDUCT  PERFORMED FOR A VALID MEDICAL PURPOSE DOES NOT VIOLATE SUBDI-
   36  VISION TWO OF THIS SECTION.
   37    Rape in the first degree is a class B felony.
   38    S 12. Section 255.26 of the penal law, as added by chapter 320 of  the
   39  laws of 2006, is amended to read as follows:
   40  S 255.26 Incest in the second degree.
   41    A  person  is  guilty  of  incest  in the second degree when he or she
   42  commits the crime of rape in the [second] THIRD degree,  as  defined  in
   43  section  130.30  of  this  part,  [or  criminal sexual act in the second
   44  degree, as defined in section 130.45 of this  part,]  against  a  person
   45  whom  he  or  she  knows  to  be  related to him or her, whether through
   46  marriage or not, as an ancestor, descendant, brother or sister of either
   47  the whole or the half blood, uncle, aunt, nephew or niece.
   48    Incest in the second degree is a class D felony.
   49    S 13. Section 255.27 of the penal law, as added by chapter 320 of  the
   50  laws of 2006, is amended to read as follows:
   51  S 255.27 Incest in the first degree.
   52    A  person  is  guilty  of  incest  in  the first degree when he or she
   53  commits the crime of rape in the first degree, as defined  in  PARAGRAPH
   54  (C)  OR (D) OF subdivision [three or four] ONE of section 130.35 of this
   55  part[, or criminal sexual act in the first degree, as defined in  subdi-
   56  vision  three  or four of section 130.50 of this part,] against a person

       S. 3515                             7

    1  whom he or she knows to be  related  to  him  or  her,  whether  through
    2  marriage or not, as an ancestor, descendant, brother or sister of either
    3  the whole or half blood, uncle, aunt, nephew or niece.
    4    Incest in the first degree is a class B felony.
    5    S  14. Subdivision 3 of section 485.05 of the penal law, as amended by
    6  chapter 405 of the laws of 2010, is amended to read as follows:
    7    3. A "specified offense" is an offense defined by any of the following
    8  provisions of  this  chapter:  section  120.00  (assault  in  the  third
    9  degree);  section  120.05 (assault in the second degree); section 120.10
   10  (assault in the first degree); section 120.12 (aggravated assault upon a
   11  person less than eleven years old);  section  120.13  (menacing  in  the
   12  first  degree);  section 120.14 (menacing in the second degree); section
   13  120.15 (menacing in the third degree); section 120.20  (reckless  endan-
   14  germent  in the second degree); section 120.25 (reckless endangerment in
   15  the first degree); section 121.12 (strangulation in the second  degree);
   16  section  121.13  (strangulation in the first degree); subdivision one of
   17  section 125.15 (manslaughter in the second degree); subdivision one, two
   18  or four of section 125.20 (manslaughter in the  first  degree);  section
   19  125.25  (murder  in  the second degree); section 120.45 (stalking in the
   20  fourth degree); section 120.50 (stalking in the third  degree);  section
   21  120.55  (stalking in the second degree); section 120.60 (stalking in the
   22  first degree); SUBDIVISION ONE OF SECTION 130.33  (RAPE  IN  THE  SECOND
   23  DEGREE);  PARAGRAPH (A) OF subdivision one AND PARAGRAPH (A) OF SUBDIVI-
   24  SION TWO of section 130.35 (rape in the first degree); [subdivision  one
   25  of  section  130.50 (criminal sexual act in the first degree);] subdivi-
   26  sion one of section 130.65 (sexual abuse in the  first  degree);  [para-
   27  graph  (a) of subdivision one of section 130.67 (aggravated sexual abuse
   28  in the second degree); paragraph  (a)  of  subdivision  one  of  section
   29  130.70  (aggravated  sexual  abuse in the first degree);] section 135.05
   30  (unlawful imprisonment in the second degree); section  135.10  (unlawful
   31  imprisonment  in  the  first  degree); section 135.20 (kidnapping in the
   32  second degree); section 135.25 (kidnapping in the first degree); section
   33  135.60 (coercion in the second degree); section 135.65 (coercion in  the
   34  first  degree);  section 140.10 (criminal trespass in the third degree);
   35  section 140.15 (criminal trespass in the second degree); section  140.17
   36  (criminal trespass in the first degree); section 140.20 (burglary in the
   37  third  degree);  section 140.25 (burglary in the second degree); section
   38  140.30 (burglary in the first degree); section 145.00 (criminal mischief
   39  in the fourth degree); section 145.05 (criminal mischief  in  the  third
   40  degree);  section  145.10  (criminal  mischief  in  the  second degree);
   41  section 145.12 (criminal mischief in the first degree);  section  150.05
   42  (arson  in  the  fourth  degree);  section  150.10  (arson  in the third
   43  degree); section 150.15 (arson in the  second  degree);  section  150.20
   44  (arson  in  the  first  degree); section 155.25 (petit larceny); section
   45  155.30 (grand larceny in  the  fourth  degree);  section  155.35  (grand
   46  larceny  in  the  third  degree);  section  155.40 (grand larceny in the
   47  second degree); section 155.42 (grand  larceny  in  the  first  degree);
   48  section 160.05 (robbery in the third degree); section 160.10 (robbery in
   49  the  second  degree);  section  160.15  (robbery  in  the first degree);
   50  section 240.25 (harassment in the first degree); subdivision one, two or
   51  four of section 240.30 (aggravated harassment in the second degree);  or
   52  any attempt or conspiracy to commit any of the foregoing offenses.
   53    S 15. Subdivision 42 of section 1.20 of the criminal procedure law, as
   54  amended by chapter 7 of the laws of 2007, is amended to read as follows:
   55    42.  "Juvenile offender" means (1) a person, thirteen years old who is
   56  criminally responsible for acts constituting murder in the second degree

       S. 3515                             8

    1  as defined in subdivisions one and two of section 125.25  of  the  penal
    2  law,  or  such  conduct as a sexually motivated felony, where authorized
    3  pursuant to section 130.91 of the penal law; and (2) a  person  fourteen
    4  or fifteen years old who is criminally responsible for acts constituting
    5  the crimes defined in subdivisions one and two of section 125.25 (murder
    6  in  the second degree) and in subdivision three of such section provided
    7  that the underlying crime for the murder charge is one  for  which  such
    8  person  is  criminally  responsible;  section  135.25 (kidnapping in the
    9  first degree); 150.20 (arson in the first degree); subdivisions one  and
   10  two of section 120.10 (assault in the first degree); 125.20 (manslaught-
   11  er  in  the first degree); [subdivisions one and] PARAGRAPHS (A) AND (B)
   12  OF SUBDIVISION ONE AND SUBDIVISION two of section 130.35  (rape  in  the
   13  first  degree);  [subdivisions  one  and two of section 130.50 (criminal
   14  sexual act in the first degree); 130.70 (aggravated sexual abuse in  the
   15  first  degree);]  140.30 (burglary in the first degree); subdivision one
   16  of section 140.25 (burglary in the second degree); 150.15 (arson in  the
   17  second degree); 160.15 (robbery in the first degree); subdivision two of
   18  section  160.10  (robbery  in  the  second  degree) of the penal law; or
   19  section 265.03 of the penal law, where such machine gun or such  firearm
   20  is possessed on school grounds, as that phrase is defined in subdivision
   21  fourteen of section 220.00 of the penal law; or defined in the penal law
   22  as an attempt to commit murder in the second degree or kidnapping in the
   23  first  degree,  or  such  conduct  as a sexually motivated felony, where
   24  authorized pursuant to section 130.91 of the penal law.
   25    S 16. Paragraph (a) of subdivision 2 of section 30.10 of the  criminal
   26  procedure law, as amended by chapter 467 of the laws of 2008, is amended
   27  to read as follows:
   28    (a) A prosecution for a class A felony, or rape in the first degree as
   29  defined  in  section  130.35  of  the  penal law, [or a crime defined or
   30  formerly defined in section 130.50 of the penal law, or aggravated sexu-
   31  al abuse in the first degree as defined in section 130.70 of  the  penal
   32  law,] or course of sexual conduct against a child in the first degree as
   33  defined in section 130.75 of the penal law may be commenced at any time;
   34    S  17.  Paragraphs (a) and (b) of subdivision 1, the opening paragraph
   35  of subdivision 2 and paragraph (a) of subdivision 3 of section 140.20 of
   36  the criminal procedure law, paragraphs (a) and (b) of subdivision  1  as
   37  amended  by  chapter  324  of the laws of 1988, the opening paragraph of
   38  subdivision 2 and paragraph (a) of subdivision 3 as amended  by  chapter
   39  550 of the laws of 1987, are amended to read as follows:
   40    (a)  If  the  arrest is for an offense other than a class A, B, C or D
   41  felony or a violation of  SUBDIVISION  ONE,  TWO  OR  THREE  OF  section
   42  130.25,  [130.40,]    OR SECTION 205.10, 205.17, 205.19 or 215.56 of the
   43  penal law committed in a town, but not in a  village  thereof  having  a
   44  village  court,  and the town court of such town is not available at the
   45  time, the arrested person may be brought before the local criminal court
   46  of any village within such town or, any adjoining town, village embraced
   47  in whole or in part by such adjoining town, or city of the same  county;
   48  and
   49    (b)  If  the  arrest is for an offense other than a class A, B, C or D
   50  felony or a violation of  SUBDIVISION  ONE,  TWO  OR  THREE  OF  section
   51  130.25,  [130.40,]  OR  SECTION  205.10, 205.17, 205.19 or 215.56 of the
   52  penal law committed in a village having a village court and  such  court
   53  is  not available at the time, the arrested person may be brought before
   54  the town court of the town embracing such village or any  other  village
   55  court  within such town, or, if such town or village court is not avail-
   56  able either, before the local criminal  court  of  any  adjoining  town,

       S. 3515                             9

    1  village  embraced in whole or in part by such adjoining town, or city of
    2  the same county; and
    3    If the arrest is for an offense other than a class A, B, C or D felony
    4  or  a  violation  of  SUBDIVISION  ONE,  TWO OR THREE OF section 130.25,
    5  [130.40,] OR SECTION 205.10, 205.17, 205.19 or 215.56 of the penal  law,
    6  the arrested person need not be brought before a local criminal court as
    7  provided  in  subdivision  one,  and  the  procedure  may  instead be as
    8  follows:
    9    (a) the arrest is for an offense other than a class A, B, C or D felo-
   10  ny 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  and
   13    S 18. Paragraph (a) of subdivision 3  and  the  opening  paragraph  of
   14  subdivision  4  of  section  140.27  of  the  criminal procedure law, as
   15  amended by chapter 550 of the laws of  1987,  are  amended  to  read  as
   16  follows:
   17    (a) the arrest is for an offense other than a class A, B, C or D felo-
   18  ny  or  a  violation of SUBDIVISION ONE, TWO OR THREE OF section 130.25,
   19  [130.40,] OR SECTION 205.10, 205.17, 205.19 or 215.56 of the  penal  law
   20  and
   21    If the arrest is for an offense other than a class A, B, C or D felony
   22  or  a  violation  of  SUBDIVISION  ONE,  TWO OR THREE OF section 130.25,
   23  [130.40,] OR SECTION 205.10, 205.17, 205.19 or 215.56 of the penal  law,
   24  the arrested person need not be brought before a local criminal court as
   25  provided  in  subdivision  two,  and  the  procedure  may  instead be as
   26  follows:
   27    S 19. Paragraph (a) of subdivision 2  and  the  opening  paragraph  of
   28  subdivision  3  of  section  140.40  of  the  criminal procedure law, as
   29  amended by chapter 550 of the laws of  1987,  are  amended  to  read  as
   30  follows:
   31    (a) the arrest is for an offense other than a class A, B, C or D felo-
   32  ny  or  a  violation of SUBDIVISION ONE, TWO OR THREE OF section 130.25,
   33  [130.40,] OR SECTION 205.10, 205.17, 205.19 or 215.56 of the  penal  law
   34  and
   35    If the arrest is for an offense other than a class A, B, C or D felony
   36  or  a  violation  of  SUBDIVISION  ONE,  TWO OR THREE OF section 130.25,
   37  [130.40,] OR SECTION 205.10, 205.17, 205.19 or 215.56 of the penal  law,
   38  the  arrested  person need not be brought before a local criminal court,
   39  as provided in subdivision one, and the  procedure  may  instead  be  as
   40  follows:
   41    S  20. Section 150.20 of the criminal procedure law, subdivisions 1, 2
   42  and 3 as amended by chapter 550 of the laws of 1987, is amended to  read
   43  as follows:
   44  S 150.20 Appearance ticket; when and by whom issuable.
   45    1.  Whenever a police officer is authorized pursuant to section 140.10
   46  to arrest a person without a warrant for an offense other than  a  class
   47  A,  B,  C or D felony or a violation of SUBDIVISION ONE, TWO OR THREE OF
   48  section 130.25, [130.40,] OR SECTION 205.10, 205.17, 205.19 or 215.56 of
   49  the penal law, he may, subject to the provisions of  subdivisions  three
   50  and  four of section 150.40, instead issue to and serve upon such person
   51  an appearance ticket.
   52    2. (a)  Whenever a police officer has  arrested  a  person  without  a
   53  warrant  for  an  offense  other  than  a class A, B, C or D felony or a
   54  violation of SUBDIVISION ONE, TWO OR THREE OF section 130.25,  [130.40,]
   55  OR SECTION 205.10, 205.17, 205.19 or 215.56 of the penal law pursuant to
   56  section  140.10,  or (b) whenever a peace officer, who is not authorized

       S. 3515                            10

    1  by law to issue an appearance ticket,  has  arrested  a  person  for  an
    2  offense  other than a class A, B, C or D felony or a violation of SUBDI-
    3  VISION ONE, TWO OR THREE OF section 130.25, [130.40,] OR SECTION 205.10,
    4  205.17,  205.19  or  215.56 of the penal law pursuant to section 140.25,
    5  and has requested a police officer to issue and serve upon such arrested
    6  person an appearance ticket pursuant  to  subdivision  four  of  section
    7  140.27,  or (c) whenever a person has been arrested for an offense other
    8  than a class A, B, C or D felony or a violation of SUBDIVISION ONE,  TWO
    9  OR  THREE OF section 130.25, [130.40,] OR SECTION 205.10, 205.17, 205.19
   10  or 215.56 of the penal law and has been delivered to the custody  of  an
   11  appropriate police officer pursuant to section 140.40, such police offi-
   12  cer  may,  instead of bringing such person before a local criminal court
   13  and promptly filing or causing the arresting peace officer or  arresting
   14  person  to  file a local criminal court accusatory instrument therewith,
   15  issue to and serve upon such person an appearance ticket.  The  issuance
   16  and  service  of  an  appearance  ticket under such circumstances may be
   17  conditioned upon a deposit  of  pre-arraignment  bail,  as  provided  in
   18  section 150.30.
   19    3.    A  public  servant other than a police officer, who is specially
   20  authorized by state law or local law enacted pursuant to the  provisions
   21  of  the  municipal  home  rule law to issue and serve appearance tickets
   22  with respect to designated offenses other than class A, B, C or D  felo-
   23  nies  or  violations of SUBDIVISION ONE, TWO OR THREE OF section 130.25,
   24  [130.40,] OR SECTION 205.10, 205.17, 205.19 or 215.56 of the penal  law,
   25  may  in  such  cases  issue and serve upon a person an appearance ticket
   26  when he has reasonable cause to believe that such person has committed a
   27  crime, or has committed a petty offense in his presence.
   28    S 21. Subdivision 4 of section 180.75 of the criminal  procedure  law,
   29  as  amended  by  chapter  264 of the laws of 2003, is amended to read as
   30  follows:
   31    4. Notwithstanding the provisions of subdivisions  two  and  three  of
   32  this  section,  a  local  criminal  court  shall,  at the request of the
   33  district attorney, order removal of an action against a juvenile  offen-
   34  der  to  the  family  court  pursuant to the provisions of article seven
   35  hundred twenty-five of this chapter if, upon consideration of the crite-
   36  ria specified in subdivision two of section 210.43 of this  chapter,  it
   37  is  determined  that  to  do  so  would  be in the interests of justice.
   38  Where, however, the felony complaint charges the juvenile offender  with
   39  murder  in  the  second degree as defined in section 125.25 of the penal
   40  law, rape in the first degree as defined in PARAGRAPH (A) OF subdivision
   41  one of section 130.35 of the penal law,  [criminal  sexual  act  in  the
   42  first  degree  as  defined  in  subdivision one of section 130.50 of the
   43  penal law,] or an armed felony as defined in paragraph (a)  of  subdivi-
   44  sion  forty-one  of  section  1.20 of this chapter, a determination that
   45  such action be removed to the family court shall, in addition, be  based
   46  upon  a  finding of one or more of the following factors: (i) mitigating
   47  circumstances that bear directly upon the manner in which the crime  was
   48  committed;  or  (ii) where the defendant was not the sole participant in
   49  the crime, the defendant's participation was relatively  minor  although
   50  not  so  minor  as  to constitute a defense to the prosecution; or (iii)
   51  possible deficiencies in proof of the crime.
   52    S 22. Subdivision (a) of section 190.71 of the criminal procedure law,
   53  as amended by chapter 7 of the laws of  2007,  is  amended  to  read  as
   54  follows:
   55    (a)  Except  as  provided in subdivision six of section 200.20 of this
   56  chapter, a grand jury may not indict (i) a person thirteen years of  age

       S. 3515                            11

    1  for any conduct or crime other than conduct constituting a crime defined
    2  in  subdivisions  one  and  two  of section 125.25 (murder in the second
    3  degree) or such conduct as a sexually motivated felony, where authorized
    4  pursuant  to  section 130.91 of the penal law; (ii) a person fourteen or
    5  fifteen years of age for any conduct or crime other than conduct consti-
    6  tuting a crime defined in subdivisions one and  two  of  section  125.25
    7  (murder  in  the second degree) and in subdivision three of such section
    8  provided that the underlying crime for the  murder  charge  is  one  for
    9  which  such  person is criminally responsible; 135.25 (kidnapping in the
   10  first degree); 150.20 (arson in the first degree); subdivisions one  and
   11  two of section 120.10 (assault in the first degree); 125.20 (manslaught-
   12  er  in  the first degree); [subdivisions one and] PARAGRAPHS (A) AND (B)
   13  OF SUBDIVISION ONE AND SUBDIVISION two of section 130.35  (rape  in  the
   14  first  degree);  [subdivisions  one  and two of section 130.50 (criminal
   15  sexual act in the first degree); 130.70 (aggravated sexual abuse in  the
   16  first  degree);]  140.30 (burglary in the first degree); subdivision one
   17  of section 140.25 (burglary in the second degree); 150.15 (arson in  the
   18  second degree); 160.15 (robbery in the first degree); subdivision two of
   19  section 160.10 (robbery in the second degree) of the penal law; subdivi-
   20  sion  four  of  section  265.02  of the penal law, where such firearm is
   21  possessed on school grounds, as that phrase is  defined  in  subdivision
   22  fourteen  of  section  220.00 of the penal law; or section 265.03 of the
   23  penal law, where such machine gun or such firearm is possessed on school
   24  grounds, as that phrase is defined in subdivision  fourteen  of  section
   25  220.00  of  the  penal law; or defined in the penal law as an attempt to
   26  commit murder in the second degree or kidnapping in the first degree, or
   27  such conduct as a sexually motivated felony, where  authorized  pursuant
   28  to section 130.91 of the penal law.
   29    S 23. Paragraph (b) of subdivision 1 of section 210.43 of the criminal
   30  procedure law, as amended by chapter 264 of the laws of 2003, is amended
   31  to read as follows:
   32    (b)  with  the  consent  of the district attorney, order removal of an
   33  action involving an indictment charging a juvenile offender with  murder
   34  in the second degree as defined in section 125.25 of the penal law; rape
   35  in  the  first degree, as defined in PARAGRAPH (A) OF subdivision one of
   36  section 130.35 of the penal law;  [criminal  sexual  act  in  the  first
   37  degree,  as  defined  in  subdivision one of section 130.50 of the penal
   38  law;] or an armed felony as defined  in  paragraph  (a)  of  subdivision
   39  forty-one  of  section  1.20,  to  the  family  court  pursuant  to  the
   40  provisions of article seven hundred twenty-five of this chapter  if  the
   41  court finds one or more of the following factors: (i) mitigating circum-
   42  stances  that  bear  directly  upon  the  manner  in which the crime was
   43  committed; (ii) where the defendant was not the sole participant in  the
   44  crime,  the  defendant's participation was relatively minor although not
   45  so minor as to constitute a defense to the prosecution; or (iii)  possi-
   46  ble  deficiencies in the proof of the crime, and, after consideration of
   47  the factors set forth in subdivision two  of  this  section,  the  court
   48  determined  that  removal  of the action to the family court would be in
   49  the interests of justice.
   50    S 24.  Subparagraph (iii) of paragraph (g) of subdivision 5 of section
   51  220.10 of the criminal procedure law, as amended by chapter 264  of  the
   52  laws of 2003, is amended to read as follows:
   53    (iii)  Where  the  indictment  does  not  charge  a crime specified in
   54  subparagraph (i) of this paragraph, the district attorney may  recommend
   55  removal  of the action to the family court. Upon making such recommenda-
   56  tion the district attorney shall submit a subscribed memorandum  setting

       S. 3515                            12

    1  forth:  (1) a recommendation that the interests of justice would best be
    2  served by removal of the action to the family  court;  and  (2)  if  the
    3  indictment  charges  a thirteen year old with the crime of murder in the
    4  second degree, or a fourteen or fifteen year old with the crimes of rape
    5  in  the  first  degree as defined in PARAGRAPH (A) OF subdivision one of
    6  section 130.35 of the penal law, [or criminal sexual act  in  the  first
    7  degree  as  defined  in  subdivision  one of section 130.50 of the penal
    8  law,] or an armed felony as defined  in  paragraph  (a)  of  subdivision
    9  forty-one  of section 1.20 of this chapter specific factors, one or more
   10  of which reasonably supports the recommendation, showing, (i) mitigating
   11  circumstances that bear directly upon the manner in which the crime  was
   12  committed,  or  (ii) where the defendant was not the sole participant in
   13  the crime, that  the  defendant's  participation  was  relatively  minor
   14  although  not so minor as to constitute a defense to the prosecution, or
   15  (iii) possible deficiencies in proof of the crime,  or  (iv)  where  the
   16  juvenile  offender  has  no previous adjudications of having committed a
   17  designated felony act, as defined in subdivision eight of section  301.2
   18  of  the  family  court act, regardless of the age of the offender at the
   19  time of commission of the act, that the criminal act was not part  of  a
   20  pattern  of  criminal behavior and, in view of the history of the offen-
   21  der, is not likely to be repeated.
   22    S 25. Subdivision 6 of section 300.50 of the criminal  procedure  law,
   23  as  amended  by  chapter  264 of the laws of 2003, is amended to read as
   24  follows:
   25    6. For purposes of this section, the offenses of rape in  the  [third]
   26  FOURTH  degree  as defined in subdivision three of section 130.25 of the
   27  penal law [and criminal sexual act in the third  degree  as  defined  in
   28  subdivision  three  of  section 130.40 of the penal law], are not lesser
   29  included offenses of rape in the first degree, criminal  sexual  act  in
   30  the  first  degree  or any other offense. Notwithstanding the foregoing,
   31  either such offense may be submitted as a lesser included offense of the
   32  applicable first degree offense when (i) there is a reasonable  view  of
   33  the  evidence which would support a finding that the defendant committed
   34  such lesser offense but did not commit the  greater  offense,  and  (ii)
   35  both parties consent to its submission.
   36    S  26.  Subdivision 6 of section 380.50 of the criminal procedure law,
   37  as amended by chapter 320 of the laws of 2006, is  amended  to  read  as
   38  follows:
   39    6.  Regardless of whether the victim requests to make a statement with
   40  regard to the defendant's sentence, where the defendant is sentenced for
   41  a violent felony offense as defined in section 70.02 of the penal law or
   42  a felony defined in article one hundred twenty-five of such law  or  any
   43  of  the  following  provisions  of  such  law  sections  130.25, 130.30,
   44  [130.40, 130.45] 130.33, 255.25, 255.26,  255.27,  article  two  hundred
   45  sixty-three,  135.10, 135.25, 230.05, 230.06, subdivision two of section
   46  230.30 or 230.32, OR ANY OFFENSES COMMITTED UNDER A  FORMER  SECTION  OF
   47  ARTICLE  ONE  HUNDRED  THIRTY  OF THE PENAL LAW WHICH WOULD CONSTITUTE A
   48  VIOLATION OF THE AFORESAID SECTIONS OF THE  PENAL  LAW,  the  prosecutor
   49  shall,  within  sixty  days  of  the imposition of sentence, provide the
   50  victim with a form on which the victim  may  indicate  a  demand  to  be
   51  informed  of  any  petition  to change the name of such defendant.  Such
   52  forms shall be maintained by such prosecutor. Upon receipt of  a  notice
   53  of  a  petition  to  change  the name of any such defendant, pursuant to
   54  subdivision two of section sixty-two of the civil rights law, the prose-
   55  cutor shall promptly notify the victim at the most  current  address  or
   56  telephone  number  provided  by  such  victim in the most reasonable and

       S. 3515                            13

    1  expedient possible manner of the time and place such  petition  will  be
    2  presented to the court.
    3    S 27. Paragraph (b) of subdivision 8 of section 700.05 of the criminal
    4  procedure law, as amended by chapter 405 of the laws of 2010, is amended
    5  to read as follows:
    6    (b)  Any  of  the  following felonies: assault in the second degree as
    7  defined in section 120.05 of the penal law, assault in the first  degree
    8  as  defined in section 120.10 of the penal law, reckless endangerment in
    9  the first degree as defined in section 120.25 of the penal law,  promot-
   10  ing  a  suicide  attempt  as defined in section 120.30 of the penal law,
   11  strangulation in the second degree as defined in section 121.12  of  the
   12  penal  law,  strangulation  in  the  first  degree as defined in section
   13  121.13 of the penal law, criminally negligent  homicide  as  defined  in
   14  section  125.10  of  the penal law, manslaughter in the second degree as
   15  defined in section 125.15 of the penal law, manslaughter  in  the  first
   16  degree  as  defined  in  section  125.20 of the penal law, murder in the
   17  second degree as defined in section 125.25 of the penal law,  murder  in
   18  the first degree as defined in section 125.27 of the penal law, abortion
   19  in  the  second  degree  as  defined in section 125.40 of the penal law,
   20  abortion in the first degree as defined in section 125.45 of  the  penal
   21  law,  rape  in  the [third] FOURTH degree as defined in SUBDIVISION ONE,
   22  TWO OR THREE OF section 130.25 of the penal law, rape  in  the  [second]
   23  THIRD  degree  as defined in SUBDIVISION ONE OR TWO OF section 130.30 of
   24  the penal law, rape in the first degree as defined in SUBDIVISION ONE OF
   25  section 130.35 of the penal law,  [criminal  sexual  act  in  the  third
   26  degree  as  defined  in section 130.40 of the penal law, criminal sexual
   27  act in the second degree as defined in section 130.45 of the penal  law,
   28  criminal  sexual act in the first degree as defined in section 130.50 of
   29  the penal law,] sexual abuse in the first degree as defined  in  section
   30  130.65  of  the  penal law, unlawful imprisonment in the first degree as
   31  defined in section 135.10 of the penal law,  kidnapping  in  the  second
   32  degree  as defined in section 135.20 of the penal law, kidnapping in the
   33  first degree as defined in section 135.25 of the penal law, labor  traf-
   34  ficking  as defined in section 135.35 of the penal law, custodial inter-
   35  ference in the first degree as defined in section 135.50  of  the  penal
   36  law,  coercion  in  the first degree as defined in section 135.65 of the
   37  penal law, criminal trespass in the first degree as defined  in  section
   38  140.17  of  the  penal  law,  burglary in the third degree as defined in
   39  section 140.20 of the penal  law,  burglary  in  the  second  degree  as
   40  defined in section 140.25 of the penal law, burglary in the first degree
   41  as  defined in section 140.30 of the penal law, criminal mischief in the
   42  third degree as defined in section 145.05 of  the  penal  law,  criminal
   43  mischief  in the second degree as defined in section 145.10 of the penal
   44  law, criminal mischief in the first degree as defined in section  145.12
   45  of  the  penal law, criminal tampering in the first degree as defined in
   46  section 145.20 of the penal law, arson in the fourth degree  as  defined
   47  in section 150.05 of the penal law, arson in the third degree as defined
   48  in  section  150.10  of  the  penal  law,  arson in the second degree as
   49  defined in section 150.15 of the penal law, arson in the first degree as
   50  defined in section 150.20 of the penal law, grand larceny in the  fourth
   51  degree  as  defined in section 155.30 of the penal law, grand larceny in
   52  the third degree as defined in section 155.35 of the  penal  law,  grand
   53  larceny  in  the second degree as defined in section 155.40 of the penal
   54  law, grand larceny in the first degree as defined in section  155.42  of
   55  the  penal  law,  health  care  fraud in the fourth degree as defined in
   56  section 177.10 of the penal law, health care fraud in the  third  degree

       S. 3515                            14

    1  as  defined in section 177.15 of the penal law, health care fraud in the
    2  second degree as defined in section 177.20 of the penal law, health care
    3  fraud in the first degree as defined in section 177.25 of the penal law,
    4  robbery  in  the  third degree as defined in section 160.05 of the penal
    5  law, robbery in the second degree as defined in section  160.10  of  the
    6  penal  law,  robbery in the first degree as defined in section 160.15 of
    7  the penal law, unlawful use of secret scientific material as defined  in
    8  section  165.07 of the penal law, criminal possession of stolen property
    9  in the fourth degree as defined in section  165.45  of  the  penal  law,
   10  criminal possession of stolen property in the third degree as defined in
   11  section  165.50 of the penal law, criminal possession of stolen property
   12  in the second degree as defined by section  165.52  of  the  penal  law,
   13  criminal possession of stolen property in the first degree as defined by
   14  section  165.54 of the penal law, trademark counterfeiting in the second
   15  degree as defined in section 165.72 of the penal law, trademark counter-
   16  feiting in the first degree as defined in section 165.73  of  the  penal
   17  law,  forgery  in  the second degree as defined in section 170.10 of the
   18  penal law, forgery in the first degree as defined in section  170.15  of
   19  the  penal law, criminal possession of a forged instrument in the second
   20  degree  as  defined  in  section  170.25  of  the  penal  law,  criminal
   21  possession  of  a  forged  instrument  in the first degree as defined in
   22  section 170.30 of the penal law, criminal possession of forgery  devices
   23  as  defined  in  section  170.40  of  the penal law, falsifying business
   24  records in the first degree as defined in section 175.10  of  the  penal
   25  law,  tampering  with  public  records in the first degree as defined in
   26  section 175.25 of the penal law, offering a false instrument for  filing
   27  in the first degree as defined in section 175.35 of the penal law, issu-
   28  ing  a  false certificate as defined in section 175.40 of the penal law,
   29  criminal diversion of prescription medications and prescriptions in  the
   30  second  degree  as  defined in section 178.20 of the penal law, criminal
   31  diversion of prescription medications and  prescriptions  in  the  first
   32  degree  as defined in section 178.25 of the penal law, residential mort-
   33  gage fraud in the fourth degree as defined  in  section  187.10  of  the
   34  penal  law, residential mortgage fraud in the third degree as defined in
   35  section 187.15 of the penal  law,  residential  mortgage  fraud  in  the
   36  second degree as defined in section 187.20 of the penal law, residential
   37  mortgage  fraud  in the first degree as defined in section 187.25 of the
   38  penal law, escape in the second degree as defined in section  205.10  of
   39  the  penal  law, escape in the first degree as defined in section 205.15
   40  of the penal law, absconding from temporary release in the first  degree
   41  as  defined in section 205.17 of the penal law, promoting prison contra-
   42  band in the first degree as defined in section 205.25 of the penal  law,
   43  hindering  prosecution in the second degree as defined in section 205.60
   44  of the penal law, hindering prosecution in the first degree  as  defined
   45  in  section  205.65  of  the  penal  law,  sex trafficking as defined in
   46  section 230.34 of the penal law, criminal possession of a weapon in  the
   47  third  degree  as defined in subdivisions two, three and five of section
   48  265.02 of the penal law, criminal possession of a weapon in  the  second
   49  degree  as  defined  in  section  265.03  of  the  penal  law,  criminal
   50  possession of a weapon in the first degree as defined in section  265.04
   51  of  the penal law, manufacture, transport, disposition and defacement of
   52  weapons and dangerous instruments and appliances defined as felonies  in
   53  subdivisions  one,  two,  and  three of section 265.10 of the penal law,
   54  sections 265.11, 265.12 and 265.13 of the penal law, or  prohibited  use
   55  of  weapons as defined in subdivision two of section 265.35 of the penal
   56  law, relating to firearms and other dangerous  weapons,  or  failure  to

       S. 3515                            15

    1  disclose  the  origin  of  a recording in the first degree as defined in
    2  section 275.40 of the penal law;
    3    S  28. Paragraph (a) of subdivision 2 and paragraph (a) of subdivision
    4  3 of section 168-a of the correction law, paragraph (a) of subdivision 2
    5  as amended by chapter 405 of the laws  of  2008  and  paragraph  (a)  of
    6  subdivision 3 as amended by chapter 107 of the laws of 2006, are amended
    7  to read as follows:
    8    (a)  (i)  a conviction of or a conviction for an attempt to commit any
    9  of the provisions of sections 120.70, 130.20, [130.25,  130.30,  130.40,
   10  130.45,]  130.60, 230.34, 250.50, 255.25, 255.26 and 255.27, OR SUBDIVI-
   11  SION ONE, TWO OR THREE OF SECTION 130.25, OR SUBDIVISION ONE OR  TWO  OF
   12  SECTION  130.30, or article two hundred sixty-three of the penal law, or
   13  section 135.05, 135.10, 135.20 or 135.25 of such law relating to kidnap-
   14  ping offenses, provided the victim of such kidnapping or related offense
   15  is less than seventeen years old and the offender is not the  parent  of
   16  the  victim,  or  section 230.04, where the person patronized is in fact
   17  less than seventeen years of age, 230.05 or 230.06, or  subdivision  two
   18  of section 230.30, or section 230.32 or 230.33 of the penal law, or (ii)
   19  a  conviction  of  or  a  conviction for an attempt to commit any of the
   20  provisions of section 235.22 of the penal law, or (iii) a conviction  of
   21  or a conviction for an attempt to commit any provisions of the foregoing
   22  sections  committed  or  attempted  as  a  hate crime defined in section
   23  485.05 of the penal law or as a crime of terrorism  defined  in  section
   24  490.25  of such law or as a sexually motivated felony defined in section
   25  130.91 of such law; or (IV) ANY OFFENSE COMMITTED UNDER A FORMER SECTION
   26  OF ARTICLE ONE HUNDRED THIRTY OF THE PENAL LAW WHICH WOULD CONSTITUTE  A
   27  VIOLATION OF THE AFORESAID SECTIONS OF THE PENAL LAW; OR
   28    (a)  (i)  a conviction of or a conviction for an attempt to commit any
   29  of the provisions of sections 130.33, 130.35, [130.50,] 130.65, [130.66,
   30  130.67, 130.70,] 130.75, 130.80, 130.95 and 130.96 of the penal law,  or
   31  (ii) a conviction of or a conviction for an attempt to commit any of the
   32  provisions  of  sections 130.53[, 130.65-a] and 130.90 of the penal law,
   33  or [(iii)] SUBDIVISIONS FOUR AND FIVE OF SECTION 130.25 OR 130.30 OF THE
   34  PENAL LAW, OR (III) ANY OFFENSES COMMITTED UNDER  A  FORMER  SECTION  OF
   35  ARTICLE  ONE  HUNDRED  THIRTY  OF THE PENAL LAW WHICH WOULD CONSTITUTE A
   36  VIOLATION OF THE  AFORESAID  SECTIONS  OF  THE  PENAL  LAW,  OR  (IV)  a
   37  conviction of or a conviction for an attempt to commit any provisions of
   38  the foregoing sections committed or attempted as a hate crime defined in
   39  section  485.05  of  the penal law or as a crime of terrorism defined in
   40  section 490.25 of such law; or
   41    S 29. Subparagraph (ii) of paragraph (a), subparagraphs (i)  and  (ii)
   42  of  paragraph (b) and paragraph (e) of subdivision 8 of section 384-b of
   43  the social services law, subparagraph (ii) of paragraph  (a)  and  para-
   44  graph  (e)  as  added and subparagraphs (i) and (ii) of paragraph (b) as
   45  amended by chapter 7 of the  laws  of  1999,  are  amended  to  read  as
   46  follows:
   47    (ii)  the  child  has  been found to be an abused child, as defined in
   48  paragraph (iii) of subdivision (e) of section ten hundred twelve of  the
   49  family  court act, as a result of such parent's acts; provided, however,
   50  the respondent must have committed or knowingly allowed to be  committed
   51  a  felony  sex  offense as defined in [sections] SUBDIVISION ONE, TWO OR
   52  THREE OF SECTION  130.25[,]  OR  130.30,  OR  SECTIONS  130.33,  130.35,
   53  [130.40, 130.45, 130.50,] 130.65, [130.67, 130.70,] 130.75 and 130.80 of
   54  the  penal  law  and, for the purposes of this section the corroboration
   55  requirements contained in the penal law shall not apply  to  proceedings
   56  under this section; or

       S. 3515                            16

    1    (i)  the child has been found to be an abused child, (A) as defined in
    2  paragraph (i) of subdivision (e) of section ten hundred  twelve  of  the
    3  family  court  act, as a result of such parent's acts; or (B) as defined
    4  in paragraph (iii) of subdivision (e) of section ten hundred  twelve  of
    5  the  family  court  act,  as  a  result of such parent's acts; provided,
    6  however, the respondent must have committed or knowingly allowed  to  be
    7  committed a felony sex offense as defined in [sections] SUBDIVISION ONE,
    8  TWO  OR  THREE  OF  SECTION  130.25,  SUBDIVISION  ONE OR TWO OF SECTION
    9  130.30, OR SECTIONS 130.33, 130.35, [130.40,  130.45,  130.50,]  130.65,
   10  [130.67, 130.70,] 130.75 and 130.80 of the penal law; and
   11    (ii)  (A)  the child or another child for whose care such parent is or
   12  has been legally responsible has been previously found, within the  five
   13  years  immediately  preceding  the initiation of the proceeding in which
   14  such abuse is found, to be an abused child, as defined in paragraph  (i)
   15  or  (iii) of subdivision (e) of section ten hundred twelve of the family
   16  court act, as a result of such parent's acts; provided, however, in  the
   17  case  of a finding of abuse as defined in paragraph (iii) of subdivision
   18  (e) of section ten hundred twelve of the family court act the respondent
   19  must have committed or knowingly allowed to be committed  a  felony  sex
   20  offense  as  defined  in  [sections]  SUBDIVISION  ONE,  TWO OR THREE OF
   21  SECTION 130.25, SUBDIVISION ONE OR TWO OF SECTION  130.30,  OR  SECTIONS
   22  130.33,  130.35,  [130.40,  130.45,  130.50,]  130.65, [130.67, 130.70,]
   23  130.75 and 130.80 of the penal law, or (B) the parent has been convicted
   24  of a crime under SUBDIVISION ONE, TWO OR THREE OF section 130.25, SUBDI-
   25  VISION ONE OR  TWO  OF  SECTION  130.30,  OR  SECTIONS  130.33,  130.35,
   26  [130.40,  130.45, 130.50,] 130.65, [130.67, 130.70,] 130.75 or 130.80 of
   27  the penal law against the child, a sibling of the child or another child
   28  for whose care such parent is or has been  legally  responsible,  within
   29  the  five  year  period  immediately  preceding  the  initiation  of the
   30  proceeding in which abuse is found; and
   31    (e) A determination by the court in accordance with article ten of the
   32  family court act based upon clear and convincing evidence that  a  child
   33  was abused (A) as defined in paragraph (i) of subdivision (e) of section
   34  ten hundred twelve of the family court act, as a result of such parent's
   35  acts; or (B) as defined in paragraph (iii) of subdivision (e) of section
   36  ten hundred twelve of the family court act, as a result of such parent's
   37  acts; provided, however, the respondent must have committed or knowingly
   38  allowed  to  be  committed a felony sex offense as defined in [sections]
   39  SUBDIVISION ONE, TWO OR THREE OF SECTION 130.25, SUBDIVISION ONE OR  TWO
   40  OF SECTION 130.30, OR SECTIONS 130.33, 130.35, [130.40, 130.45, 130.50,]
   41  130.65,  [130.67,  130.70,]  130.75  and  130.80  of the penal law shall
   42  establish that the child was an abused child for the purpose of a deter-
   43  mination as required by subparagraph (i) or (ii)  of  paragraph  (b)  of
   44  this  subdivision.  Such a determination by the court in accordance with
   45  article ten of the family court act based upon a fair  preponderance  of
   46  evidence  shall  be admissible in any proceeding commenced in accordance
   47  with this section.
   48    S 30. Subdivision 4 of section 509-cc of the vehicle and traffic  law,
   49  as  amended  by  chapter  400 of the laws of 2011, is amended to read as
   50  follows:
   51    (4) (a) The offenses referred to in subparagraph (ii) of paragraph (a)
   52  of subdivision one and paragraph (a) of subdivision two of this  section
   53  that  result  in  permanent  disqualification shall include a conviction
   54  under sections 125.12, 125.13, 125.14, 125.15, 125.20,  125.21,  125.22,
   55  125.25,  125.26,  125.27,  130.30,  130.33,  130.35,  [130.45,  130.50,]
   56  130.65,  [130.66,  130.67,  130.70,]  130.75,  130.80,  130.90,  130.95,

       S. 3515                            17

    1  130.96,  135.25, 150.20, 230.30, 230.32, 230.34, 235.22, 263.05, 263.10,
    2  263.11, 263.15, 263.16 of the penal law or an attempt to commit  any  of
    3  the  aforesaid  offenses  under  section 110.00 of the penal law, or any
    4  offenses  committed  under a former section of the penal law which would
    5  constitute violations of the aforesaid sections of the penal law, or any
    6  offenses committed outside this state which would constitute  violations
    7  of the aforesaid sections of the penal law.
    8    (b)  The offenses referred to in subparagraph (ii) of paragraph (a) of
    9  subdivision one and paragraph (b) of subdivision  two  of  this  section
   10  that  result  in  permanent  disqualification shall include a conviction
   11  under sections 100.13, 105.15, 105.17, 115.08, 120.12,  120.70,  125.10,
   12  125.11,  [130.40,]  130.25,  130.53, 130.60, [130.65-a,] 135.20, 160.15,
   13  220.18, 220.21, 220.39, 220.41, 220.43, 220.44, 230.25,  260.00,  265.04
   14  of  the  penal law or an attempt to commit any of the aforesaid offenses
   15  under section 110.00 of the penal law, or any offenses committed under a
   16  former section of the penal law which would constitute violations of the
   17  aforesaid sections of the penal law, or any offenses  committed  outside
   18  this  state  which would constitute violations of the aforesaid sections
   19  of the penal law.
   20    (c) The offenses referred to in subparagraph (i) of paragraph  (b)  of
   21  subdivision one and subparagraph (i) of paragraph (c) of subdivision two
   22  of  this  section  that  result in disqualification for a period of five
   23  years shall include a conviction under sections 100.10, 105.13,  115.05,
   24  120.03,  120.04,  120.04-a,  120.05,  120.10,  120.25,  121.12,  121.13,
   25  125.40,  125.45,  130.20,  [130.25,]  130.52,  130.55,  135.10,  135.55,
   26  140.17,  140.25, 140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06,
   27  220.09, 220.16, 220.31, 220.34, 220.60, 220.65, 221.30, 221.50,  221.55,
   28  230.00,  230.05, 230.06, 230.20, 235.05, 235.06, 235.07, 235.21, 240.06,
   29  245.00, 260.10, subdivision two of section 260.20 and  sections  260.25,
   30  265.02,  265.03, 265.08, 265.09, 265.10, 265.12, 265.35 of the penal law
   31  or an attempt to commit any of  the  aforesaid  offenses  under  section
   32  110.00  of  the  penal  law,  or  any similar offenses committed under a
   33  former section of the penal law,  or  any  offenses  committed  under  a
   34  former section of the penal law which would constitute violations of the
   35  aforesaid  sections  of the penal law, or any offenses committed outside
   36  this state which would constitute violations of the  aforesaid  sections
   37  of the penal law.
   38    S  31.  Subdivision  (b)  of  section  117 of the family court act, as
   39  amended by chapter 7 of the laws of 2007, is amended to read as follows:
   40    (b) For every juvenile  delinquency  proceeding  under  article  three
   41  involving  an  allegation of an act committed by a person which, if done
   42  by an adult, would be a crime (i) defined in sections 125.27 (murder  in
   43  the first degree); 125.25 (murder in the second degree); 135.25 (kidnap-
   44  ping  in the first degree); or 150.20 (arson in the first degree) of the
   45  penal law committed by a person thirteen, fourteen or fifteen  years  of
   46  age;  or  such  conduct  committed as a sexually motivated felony, where
   47  authorized pursuant to section 130.91 of the penal law; (ii) defined  in
   48  sections  120.10  (assault in the first degree); 125.20 (manslaughter in
   49  the first degree); SUBDIVISION ONE OF SECTION 130.35 (rape in the  first
   50  degree);  [130.50  (criminal  sexual  act in the first degree);] SECTION
   51  135.20 (kidnapping in the second degree), but only where  the  abduction
   52  involved  the  use  or  threat  of  use of deadly physical force; 150.15
   53  (arson in the second degree); or 160.15 (robbery in the first degree) of
   54  the penal law committed by a person thirteen, fourteen or fifteen  years
   55  of  age; or such conduct committed as a sexually motivated felony, where
   56  authorized pursuant to section 130.91 of the penal law; (iii) defined in

       S. 3515                            18

    1  the penal law as an attempt to commit murder  in  the  first  or  second
    2  degree or kidnapping in the first degree committed by a person thirteen,
    3  fourteen or fifteen years of age; or such conduct committed as a sexual-
    4  ly  motivated felony, where authorized pursuant to section 130.91 of the
    5  penal law; (iv)  defined  in  section  140.30  (burglary  in  the  first
    6  degree);  subdivision  one  of  section  140.25  (burglary in the second
    7  degree); subdivision two  of  section  160.10  (robbery  in  the  second
    8  degree) of the penal law; or section 265.03 of the penal law, where such
    9  machine  gun  or  such  firearm  is possessed on school grounds, as that
   10  phrase is defined in subdivision fourteen of section 220.00 of the penal
   11  law committed by a person fourteen or fifteen  years  of  age;  or  such
   12  conduct  committed  as  a  sexually  motivated  felony, where authorized
   13  pursuant to section 130.91 of the penal  law;  (v)  defined  in  section
   14  120.05  (assault  in the second degree) or 160.10 (robbery in the second
   15  degree) of the penal law committed by a person fourteen or fifteen years
   16  of age but only where there has been a prior finding  by  a  court  that
   17  such  person  has  previously committed an act which, if committed by an
   18  adult, would be the crime of assault in the second  degree,  robbery  in
   19  the  second degree or any designated felony act specified in clause (i),
   20  (ii) or (iii) of this subdivision regardless of the age of  such  person
   21  at  the  time  of  the commission of the prior act; or (vi) other than a
   22  misdemeanor, committed by a person at least seven but less than  sixteen
   23  years  of  age,  but only where there has been two prior findings by the
   24  court that such person has committed a prior act which, if committed  by
   25  an adult would be a felony:
   26    (i) There is hereby established in the family court in the city of New
   27  York at least one "designated felony act part." Such part or parts shall
   28  be held separate from all other proceedings of the court, and shall have
   29  jurisdiction over all proceedings involving such an allegation. All such
   30  proceedings  shall  be originated in or be transferred to this part from
   31  other parts as they are made known to the court.
   32    (ii) Outside the city of New York, all proceedings involving  such  an
   33  allegation  shall  have a hearing preference over every other proceeding
   34  in the court, except proceedings under article ten.
   35    S 32. Paragraph (ii) of subdivision 8 of section 301.2 of  the  family
   36  court  act,  as  amended by chapter 7 of the laws of 2007, is amended to
   37  read as follows:
   38    (ii) defined in sections 120.10 (assault in the first degree);  125.20
   39  (manslaughter  in  the first degree); 130.35 (rape in the first degree);
   40  [130.50 (criminal sexual act in the first  degree);  130.70  (aggravated
   41  sexual  abuse  in  the  first degree);] 135.20 (kidnapping in the second
   42  degree) but only where the abduction involved the use or threat  of  use
   43  of  deadly physical force; 150.15 (arson in the second degree) or 160.15
   44  (robbery in the first degree) of the penal law  committed  by  a  person
   45  thirteen, fourteen or fifteen years of age; or such conduct committed as
   46  a sexually motivated felony, where authorized pursuant to section 130.91
   47  of the penal law;
   48    S  33.  Subdivision  4  of  section  308.1 of the family court act, as
   49  amended by chapter 264 of the laws  of  2003,  is  amended  to  read  as
   50  follows:
   51    4.  The  probation  service shall not adjust a case in which the child
   52  has allegedly committed a delinquent act which would be a crime  defined
   53  in section 120.25, (reckless endangerment in the first degree), subdivi-
   54  sion  one of section 125.15, (manslaughter in the second degree), subdi-
   55  vision one of section 130.25,  (rape  in  the  [third]  FOURTH  degree),
   56  [subdivision  one  of  section 130.40, (criminal sexual act in the third

       S. 3515                            19

    1  degree),] subdivision one or two of section 130.65, (sexual abuse in the
    2  first degree), section 135.65, (coercion in the first  degree),  section
    3  140.20,  (burglary  in  the third degree), section 150.10, (arson in the
    4  third  degree),  section 160.05, (robbery in the third degree), subdivi-
    5  sion two, three or four of section 265.02,  (criminal  possession  of  a
    6  weapon  in  the third degree), section 265.03, (criminal possession of a
    7  weapon in the second degree), or section 265.04, (criminal possession of
    8  a dangerous weapon in the first degree) of the penal law where the child
    9  has previously had one or more adjustments of a case in which such child
   10  allegedly committed an act which would be  a  crime  specified  in  this
   11  subdivision  unless  it has received written approval from the court and
   12  the appropriate presentment agency.
   13    S 34. Subdivision (c) of section 1052 of  the  family  court  act,  as
   14  added by chapter 739 of the laws of 1981, is amended to read as follows:
   15    (c)  Prior to granting an order of disposition pursuant to subdivision
   16  (a) of this section following an adjudication of child abuse, as defined
   17  in paragraph (i) of subdivision (e) of section  ten  hundred  twelve  of
   18  this  act  or a finding of a felony sex offense as defined in [sections]
   19  SUBDIVISION ONE, TWO OR THREE OF SECTION 130.25, SUBDIVISION ONE OR  TWO
   20  OF  SECTION  130.30,  OR  SECTION  130.35,  [130.40, 130.45, 130.50,] OR
   21  130.65 [and 130.70] of  the  penal  law,  the  court  shall  advise  the
   22  respondent  that  any subsequent adjudication of child abuse, as defined
   23  in paragraph (i) of subdivision (e) of section one  thousand  twelve  of
   24  this act or any subsequent finding of a felony sex offense as defined in
   25  those  sections  of the penal law herein enumerated, arising out of acts
   26  of the respondent may result in the commitment of the  guardianship  and
   27  custody  of the child or another child pursuant to section three hundred
   28  eighty-four-b of the social services law. The order in such cases  shall
   29  contain  a  statement that any subsequent adjudication of child abuse or
   30  finding of a felony sex offense as described herein may  result  in  the
   31  commitment  of  the  guardianship  and  custody of the child, or another
   32  child pursuant to section three  hundred  eighty-four-b  of  the  social
   33  services law.
   34    S  35. Subdivision 2 of section 61 of the civil rights law, as amended
   35  by section 54 of subpart B of part C of chapter 62 of the laws of  2011,
   36  is amended to read as follows:
   37    2.  If  the petitioner stands convicted of a violent felony offense as
   38  defined in section 70.02 of the penal law or a felony defined in article
   39  one hundred twenty-five of such law or any of the  following  provisions
   40  of  such  law sections 130.25, 130.30, [130.40, 130.45,] 255.25, 255.26,
   41  255.27, article two hundred sixty-three, 135.10, 135.25, 230.05, 230.06,
   42  subdivision two of section 230.30 or 230.32, and is  currently  confined
   43  as  an inmate in any correctional facility or currently under the super-
   44  vision of the department of corrections and community supervision  or  a
   45  county probation department as a result of such conviction, the petition
   46  shall  for each such conviction specify such felony conviction, the date
   47  of  such  conviction  or  convictions,  and  the  court  in  which  such
   48  conviction or convictions were entered.
   49    S  36. Subdivision 2 of section 62 of the civil rights law, as amended
   50  by section 55 of subpart B of part C of chapter 62 of the laws of  2011,
   51  is amended to read as follows:
   52    2.  If  the  petition  be  to  change  the  name of a person currently
   53  confined as an inmate in any correctional facility  or  currently  under
   54  the  supervision  of  the department of corrections and community super-
   55  vision or a county probation department as a result of a conviction  for
   56  a violent felony offense as defined in section 70.02 of the penal law or

       S. 3515                            20

    1  a  felony  defined in article one hundred twenty-five of such law or any
    2  of the  following  provisions  of  such  law  sections  130.25,  130.30,
    3  [130.40,  130.45,]  255.25,  255.26,  255.27, article two hundred sixty-
    4  three, 135.10, 135.25, 230.05, 230.06, subdivision two of section 230.30
    5  or 230.32, notice of the time and place when and where the petition will
    6  be  presented  shall  be  served, in like manner as a notice of a motion
    7  upon an attorney in an action, upon the district attorney of every coun-
    8  ty in which such person has been convicted of such felony and  upon  the
    9  court  or  courts  in  which  the  sentence for such felony was entered.
   10  Unless a shorter period of time is ordered by  the  court,  said  notice
   11  shall be served upon each such district attorney and court or courts not
   12  less than sixty days prior to the date on which such petition is noticed
   13  to be heard.
   14    S  37. The closing paragraph of section 64 of the civil rights law, as
   15  separately amended by chapters 258, 320 and 481 of the laws of 2006,  is
   16  amended to read as follows:
   17    Upon  compliance with the order and the filing of the affidavit of the
   18  publication, as provided in this section, the  clerk  of  the  court  in
   19  which  the  order has been entered shall certify that the order has been
   20  complied with; and, if the petition states that  the  petitioner  stands
   21  convicted of a violent felony offense as defined in section 70.02 of the
   22  penal law or a felony defined in article one hundred twenty-five of such
   23  law  or  any  of  the  following provisions of such law sections 130.25,
   24  130.30, [130.40, 130.45,] 255.25, 255.26, 255.27,  article  two  hundred
   25  sixty-three,  135.10, 135.25, 230.05, 230.06, subdivision two of section
   26  230.30 or 230.32, such clerk (1) shall deliver, by first class  mail,  a
   27  copy  of  such  certified  order  to  the  division  of criminal justice
   28  services at its office in the county of Albany and (2) upon the clerk of
   29  the court reviewing the petitioner's application  for  name  change  and
   30  subsequent in-court inquiry, may, in the clerk's discretion, deliver, by
   31  first class mail, the petitioner's new name with such certified order to
   32  the court of competent jurisdiction which imposed the orders of support.
   33  Such  certification shall appear on the original order and on any certi-
   34  fied copy thereof and shall be entered in the  clerk's  minutes  of  the
   35  proceeding.
   36    S  38.  Section 213-c of the civil practice law and rules, as added by
   37  chapter 3 of the laws of 2006, is amended to read as follows:
   38    S 213-c. Action by  victim  of  conduct  constituting  certain  sexual
   39  offenses.  Notwithstanding  any other limitation set forth in this arti-
   40  cle, a civil claim or cause of action to recover  from  a  defendant  as
   41  hereinafter  defined,  for  physical,  psychological  or other injury or
   42  condition suffered by a person as a result of acts by such defendant  of
   43  rape  in the first degree as defined in section 130.35 of the penal law,
   44  [or criminal sexual act in the first degree as defined in section 130.50
   45  of the penal law, or aggravated sexual abuse  in  the  first  degree  as
   46  defined in section 130.70 of the penal law,] or course of sexual conduct
   47  against  a child in the first degree as defined in section 130.75 of the
   48  penal law may be brought within five years. As used in this section, the
   49  term "defendant" shall mean only a person who commits the acts described
   50  in this section or who, in a criminal proceeding, could be charged  with
   51  criminal  liability  for the commission of such acts pursuant to section
   52  20.00 of the penal law and shall not apply to any related civil claim or
   53  cause of action arising from such acts. Nothing in this section shall be
   54  construed to require that a criminal charge be  brought  or  a  criminal
   55  conviction  be  obtained  as  a  condition  of bringing a civil cause of
   56  action or receiving a civil judgment pursuant  to  this  section  or  be

       S. 3515                            21

    1  construed to require that any of the rules governing a criminal proceed-
    2  ing be applicable to any such civil action.
    3    S 39. Paragraph (b) of subdivision 8 of section 215 of the civil prac-
    4  tice  law  and  rules,  as  added  by  chapter 3 of the laws of 2006, is
    5  amended to read as follows:
    6    (b) Whenever it is shown that  a  criminal  action  against  the  same
    7  defendant  has  been  commenced  with respect to the event or occurrence
    8  from which a claim governed by this section arises,  and  such  criminal
    9  action  is  for rape in the first degree as defined in section 130.35 of
   10  the penal law, [or criminal sexual act in the first degree as defined in
   11  section 130.50 of the penal law, or aggravated sexual abuse in the first
   12  degree as defined in section 130.70 of the  penal  law,]  or  course  of
   13  sexual conduct against a child in the first degree as defined in section
   14  130.75  of  the  penal law, the plaintiff shall have at least five years
   15  from the termination of the criminal action as defined in  section  1.20
   16  of  the  criminal  procedure  law in which to commence the civil action,
   17  notwithstanding that the time in  which  to  commence  such  action  has
   18  already expired or has less than a year remaining.
   19    S  40.  Subdivision  11  of section 123 of the agriculture and markets
   20  law, as amended by chapter 392 of the laws of 2004, and such section  as
   21  renumbered by section 18 of part T of chapter 59 of the laws of 2010, is
   22  amended to read as follows:
   23    11.  The owner shall not be liable pursuant to subdivision six, seven,
   24  eight, nine or ten of this section if the dog was coming to the  aid  or
   25  defense  of  a person during the commission or attempted commission of a
   26  murder, robbery, burglary, arson, rape in the first degree as defined in
   27  PARAGRAPH (A) OR (B) OF subdivision one [or two] of  section  130.35  of
   28  the  penal  law[,  criminal sexual act in the first degree as defined in
   29  subdivision one or two of section 130.50 of the penal law] or kidnapping
   30  within the dwelling or upon the real property of the owner  of  the  dog
   31  and the dog injured or killed the person committing such criminal activ-
   32  ity.
   33    S  41.  This act shall take effect on the ninetieth day after it shall
   34  have become a law provided that if section 27 of chapter 1 of  the  laws
   35  of  2013 is not in effect on such date then the amendments made to para-
   36  graphs (b) and (c) of subdivision 1 of section 70.02 of  the  penal  law
   37  made  by section four of this act shall take effect on the same date and
   38  in the same manner as section 27 of chapter 1 of the laws of 2013  takes
   39  effect  and  shall apply to any offense on or after such effective date.
   40  As it pertains to the repealed sections of  law,  nothing  in  this  act
   41  shall  affect  a  requirement to register pursuant to article 6-C of the
   42  correction law; a lawfully required  disclosure  of  a  conviction;  any
   43  restriction  or prohibition for certain types of employment, housing, or
   44  government benefit; or any other ongoing matter related to a  conviction
   45  of the sections repealed in this act.