STATE OF NEW YORK ________________________________________________________________________ 8008 IN SENATE January 5, 2024 ___________ Introduced by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the penal law, the criminal procedure law, the correction law, the social services law, the vehicle and traffic law, the family court act, the civil rights law, the civil practice law and rules, the agriculture and markets law and the judiciary law, in relation to certain sex offenses; and to amend a chapter of the laws of 2023, amending the penal law, the criminal procedure law, the correction law, the social services law, the vehicle and traffic law, the family court act, the civil rights law, the civil practice law and rules, the agriculture and markets law, the judiciary law and the domestic relations law relating to sex offenses, as proposed in legis- lative bills numbers S. 3161 and A. 3340, in relation to the effec- tiveness thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 10 of section 130.00 of the penal law, as 2 amended by chapter 264 of the laws of 2003, is amended to read as 3 follows: 4 10. "Sexual conduct" means vaginal sexual [~~intercourse~~] contact, oral 5 sexual [~~conduct~~] contact, anal sexual [~~conduct~~] contact, aggravated 6 sexual contact, or sexual contact. 7 § 2. Paragraph 2 of subdivision 18 of section 10.00 of the penal law, 8 as amended by a chapter of the laws of 2023 amending the penal law, the 9 criminal procedure law, the correction law, the social services law, the 10 vehicle and traffic law, the family court act, the civil rights law, the 11 civil practice law and rules, the agriculture and markets law, the judi- 12 ciary law and the domestic relations law relating to sex offenses, as 13 proposed in legislative bills numbers S. 3161 and A. 3340, is amended to 14 read as follows: 15 (2) a person fourteen or fifteen years old who is criminally responsi- 16 ble for acts constituting the crimes defined in subdivisions one and two 17 of section 125.25 (murder in the second degree) and in subdivision three 18 of such section provided that the underlying crime for the murder charge EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07466-02-4

S. 8008 2 1 is one for which such person is criminally responsible; section 135.25 2 (kidnapping in the first degree); 150.20 (arson in the first degree); 3 subdivisions one and two of section 120.10 (assault in the first 4 degree); 125.20 (manslaughter in the first degree); paragraphs (a) and 5 (b) of subdivision one, paragraphs (a) and (b) of subdivision two, and 6 paragraphs (a) and (b) of subdivision three of section 130.35 (rape in 7 the first degree); former subdivisions one and two of section 130.35 8 (rape in the first degree); subdivisions one and two of the former 9 section 130.50; 130.70 (aggravated sexual abuse in the first degree); 10 140.30 (burglary in the first degree); subdivision one of section 140.25 11 (burglary in the second degree); 150.15 (arson in the second degree); 12 160.15 (robbery in the first degree); subdivision two of section 160.10 13 (robbery in the second degree) of this chapter; or section 265.03 of 14 this chapter, where such machine gun or such firearm is possessed on 15 school grounds, as that phrase is defined in subdivision fourteen of 16 section 220.00 of this chapter; or defined in this chapter as an attempt 17 to commit murder in the second degree or kidnapping in the first degree, 18 or such conduct as a sexually motivated felony, where authorized pursu- 19 ant to section 130.91 of this chapter. 20 § 3. Subdivision 2 of section 30.00 of the penal law, as amended by a 21 chapter of the laws of 2023 amending the penal law, the criminal proce- 22 dure law, the correction law, the social services law, the vehicle and 23 traffic law, the family court act, the civil rights law, the civil prac- 24 tice law and rules, the agriculture and markets law, the judiciary law 25 and the domestic relations law relating to sex offenses, as proposed in 26 legislative bills numbers S. 3161 and A. 3340, is amended to read as 27 follows: 28 2. A person thirteen, fourteen or, fifteen years of age is criminally 29 responsible for acts constituting murder in the second degree as defined 30 in subdivisions one and two of section 125.25 and in subdivision three 31 of such section provided that the underlying crime for the murder charge 32 is one for which such person is criminally responsible or for such 33 conduct as a sexually motivated felony, where authorized pursuant to 34 section 130.91 of this chapter; and a person fourteen or, fifteen years 35 of age is criminally responsible for acts constituting the crimes 36 defined in section 135.25 (kidnapping in the first degree); 150.20 37 (arson in the first degree); subdivisions one and two of section 120.10 38 (assault in the first degree); 125.20 (manslaughter in the first 39 degree); paragraphs (a) and (b) of subdivision one, paragraphs (a) and 40 (b) of subdivision two and paragraphs (a) and (b) of subdivision three 41 of section 130.35 (rape in the first degree); former subdivisions one 42 and two of section 130.35 (rape in the first degree); subdivisions one 43 and two of former section 130.50 [~~(criminal sexual act in the first~~ 44 ~~degree)~~]; 130.70 (aggravated sexual abuse in the first degree); 140.30 45 (burglary in the first degree); subdivision one of section 140.25 46 (burglary in the second degree); 150.15 (arson in the second degree); 47 160.15 (robbery in the first degree); subdivision two of section 160.10 48 (robbery in the second degree) of this chapter; or section 265.03 of 49 this chapter, where such machine gun or such firearm is possessed on 50 school grounds, as that phrase is defined in subdivision fourteen of 51 section 220.00 of this chapter; or defined in this chapter as an attempt 52 to commit murder in the second degree or kidnapping in the first degree, 53 or for such conduct as a sexually motivated felony, where authorized 54 pursuant to section 130.91 of this chapter. 55 § 4. Paragraph (b) of subdivision 2 of section 35.15 of the penal law, 56 as amended by a chapter of the laws of 2023 amending the penal law, the

S. 8008 3 1 criminal procedure law, the correction law, the social services law, the 2 vehicle and traffic law, the family court act, the civil rights law, the 3 civil practice law and rules, the agriculture and markets law, the judi- 4 ciary law and the domestic relations law relating to sex offenses, as 5 proposed in legislative bills numbers S. 3161 and A. 3340, is amended to 6 read as follows: 7 (b) He or she reasonably believes that such other person is committing 8 or attempting to commit a kidnapping, forcible rape, forcible aggravated 9 sexual abuse, a crime formerly defined in section 130.50 of this chapter 10 by force, or robbery; or 11 § 5. Paragraphs (a) and (c) of subdivision 1 of section 70.02 of the 12 penal law, paragraph (a) as amended by chapter 189 of the laws of 2018 13 and paragraph (c) as amended by a chapter of the laws of 2023 amending 14 the penal law, the criminal procedure law, the correction law, the 15 social services law, the vehicle and traffic law, the family court act, 16 the civil rights law, the civil practice law and rules, the agriculture 17 and markets law, the judiciary law and the domestic relations law relat- 18 ing to sex offenses, as proposed in legislative bills numbers S. 3161 19 and A. 3340, are amended to read as follows: 20 (a) Class B violent felony offenses: an attempt to commit the class 21 A-I felonies of murder in the second degree as defined in section 22 125.25, kidnapping in the first degree as defined in section 135.25, and 23 arson in the first degree as defined in section 150.20; manslaughter in 24 the first degree as defined in section 125.20, aggravated manslaughter 25 in the first degree as defined in section 125.22, rape in the first 26 degree as defined in section 130.35, [~~criminal sexual act in the first~~ 27 ~~degree as~~] a crime formerly defined in section 130.50, aggravated sexual 28 abuse in the first degree as defined in section 130.70, course of sexual 29 conduct against a child in the first degree as defined in section 30 130.75[;], assault in the first degree as defined in section 120.10, 31 kidnapping in the second degree as defined in section 135.20, burglary 32 in the first degree as defined in section 140.30, arson in the second 33 degree as defined in section 150.15, robbery in the first degree as 34 defined in section 160.15, sex trafficking as defined in paragraphs (a) 35 and (b) of subdivision five of section 230.34, sex trafficking of a 36 child as defined in section 230.34-a, incest in the first degree as 37 defined in section 255.27, criminal possession of a weapon in the first 38 degree as defined in section 265.04, criminal use of a firearm in the 39 first degree as defined in section 265.09, criminal sale of a firearm in 40 the first degree as defined in section 265.13, aggravated assault upon a 41 police officer or a peace officer as defined in section 120.11, gang 42 assault in the first degree as defined in section 120.07, intimidating a 43 victim or witness in the first degree as defined in section 215.17, 44 hindering prosecution of terrorism in the first degree as defined in 45 section 490.35, criminal possession of a chemical weapon or biological 46 weapon in the second degree as defined in section 490.40, and criminal 47 use of a chemical weapon or biological weapon in the third degree as 48 defined in section 490.47. 49 (c) Class D violent felony offenses: an attempt to commit any of the 50 class C felonies set forth in paragraph (b); reckless assault of a child 51 as defined in section 120.02, assault in the second degree as defined in 52 section 120.05, menacing a police officer or peace officer as defined in 53 section 120.18, stalking in the first degree, as defined in subdivision 54 one of section 120.60, strangulation in the second degree as defined in 55 section 121.12, rape in the second degree as defined in section 130.30, 56 a crime formerly defined in section 130.45, sexual abuse in the first

S. 8008 4 1 degree as defined in section 130.65, course of sexual conduct against a 2 child in the second degree as defined in section 130.80, aggravated 3 sexual abuse in the third degree as defined in section 130.66, facili- 4 tating a sex offense with a controlled substance as defined in section 5 130.90, labor trafficking as defined in paragraphs (a) and (b) of subdi- 6 vision three of section 135.35, criminal possession of a weapon in the 7 third degree as defined in subdivision five, six, seven, eight, nine or 8 ten of section 265.02, criminal sale of a firearm in the third degree as 9 defined in section 265.11, intimidating a victim or witness in the 10 second degree as defined in section 215.16, soliciting or providing 11 support for an act of terrorism in the second degree as defined in 12 section 490.10, and making a terroristic threat as defined in section 13 490.20, falsely reporting an incident in the first degree as defined in 14 section 240.60, placing a false bomb or hazardous substance in the first 15 degree as defined in section 240.62, placing a false bomb or hazardous 16 substance in a sports stadium or arena, mass transportation facility or 17 enclosed shopping mall as defined in section 240.63, aggravated unper- 18 mitted use of indoor pyrotechnics in the first degree as defined in 19 section 405.18, and criminal manufacture, sale, or transport of an unde- 20 tectable firearm, rifle or shotgun as defined in section 265.50. 21 § 6. Paragraph b of subdivision 5 of section 120.40 of the penal law, 22 as amended by a chapter of the laws of 2023 amending the penal law, the 23 criminal procedure law, the correction law, the social services law, the 24 vehicle and traffic law, the family court act, the civil rights law, the 25 civil practice law and rules, the agriculture and markets law, the judi- 26 ciary law and the domestic relations law relating to sex offenses, as 27 proposed in legislative bills numbers S. 3161 and A. 3340, is amended to 28 read as follows: 29 b. a crime defined in section 130.20, 130.25, 130.30, 130.55, 130.60, 30 130.70, 255.25, 255.26 or 255.27, or formerly defined in section 130.40 31 or 130.45; 32 § 7. Paragraph (d) of subdivision 2 and paragraph (h) of subdivision 3 33 of section 130.05 of the penal law, as amended by a chapter of the laws 34 of 2023 amending the penal law, the criminal procedure law, the 35 correction law, the social services law, the vehicle and traffic law, 36 the family court act, the civil rights law, the civil practice law and 37 rules, the agriculture and markets law, the judiciary law and the domes- 38 tic relations law relating to sex offenses, as proposed in legislative 39 bills numbers S. 3161 and A. 3340, are amended to read as follows: 40 (d) Where the offense charged is rape in the third degree as defined 41 in subdivision seven, eight or nine of section 130.25, or a crime 42 formerly defined in subdivision three of section 130.40, in addition to 43 forcible [~~vaginal sexual contact~~] compulsion, circumstances under which, 44 at the time of the act of [~~intercourse~~] vaginal sexual contact, oral 45 sexual contact or anal sexual contact, the victim clearly expressed that 46 he or she did not consent to engage in such act, and a reasonable person 47 in the actor's situation would have understood such person's words and 48 acts as an expression of lack of consent to such act under all the 49 circumstances. 50 (h) a client or patient and the actor is a health care provider or 51 mental health care provider charged with rape in the third degree as 52 defined in section 130.25, a crime formerly defined in section 130.40, 53 aggravated sexual abuse in the fourth degree as defined in section 54 130.65-a, or sexual abuse in the third degree as defined in section 55 130.55, and the act of sexual conduct occurs during a treatment session, 56 consultation, interview, or examination; or

S. 8008 5 1 § 8. The opening paragraph of subdivision 3 of section 125.25 of the 2 penal law, as amended by a chapter of the laws of 2023 amending the 3 penal law, the criminal procedure law, the correction law, the social 4 services law, the vehicle and traffic law, the family court act, the 5 civil rights law, the civil practice law and rules, the agriculture and 6 markets law, the judiciary law and the domestic relations law relating 7 to sex offenses, as proposed in legislative bills numbers S. 3161 and A. 8 3340, is amended to read as follows: 9 Acting either alone or with one or more other persons, he commits or 10 attempts to commit robbery, burglary, kidnapping, arson, rape in the 11 first degree, a crime formerly defined in section 130.50 of this title, 12 the crime of sexual abuse in the first degree, aggravated sexual abuse, 13 escape in the first degree, or escape in the second degree, and, in the 14 course of and in furtherance of such crime or of immediate flight there- 15 from, he, or another participant, if there be any, causes the death of a 16 person other than one of the participants; except that in any prose- 17 cution under this subdivision, in which the defendant was not the only 18 participant in the underlying crime, it is an affirmative defense that 19 the defendant: 20 § 9. Subdivision 5 of section 125.25 of the penal law, as amended by a 21 chapter of the laws of 2023 amending the penal law, the criminal proce- 22 dure law, the correction law, the social services law, the vehicle and 23 traffic law, the family court act, the civil rights law, the civil prac- 24 tice law and rules, the agriculture and markets law, the judiciary law 25 and the domestic relations law relating to sex offenses, as proposed in 26 legislative bills numbers S. 3161 and A. 3340, is amended to read as 27 follows: 28 5. Being eighteen years old or more, while in the course of committing 29 rape in the first, second or third degree, a crime formerly defined in 30 section 130.50, 130.45 or 130.40 of this title, the crime of sexual 31 abuse in the first degree, aggravated sexual abuse in the first, second, 32 third or fourth degree, or incest in the first, second or third degree, 33 against a person less than fourteen years old, he or she intentionally 34 causes the death of such person. 35 § 10. Subparagraph (vii) of paragraph (a) of subdivision 1 of section 36 125.27 of the penal law, as amended by a chapter of the laws of 2023 37 amending the penal law, the criminal procedure law, the correction law, 38 the social services law, the vehicle and traffic law, the family court 39 act, the civil rights law, the civil practice law and rules, the agri- 40 culture and markets law, the judiciary law and the domestic relations 41 law relating to sex offenses, as proposed in legislative bills numbers 42 S. 3161 and A. 3340, is amended to read as follows: 43 (vii) the victim was killed while the defendant was in the course of 44 committing or attempting to commit and in furtherance of robbery, 45 burglary in the first degree or second degree, kidnapping in the first 46 degree, arson in the first degree or second degree, rape in the first 47 degree, a crime formerly defined in section 130.50 of this title, sexual 48 abuse in the first degree, aggravated sexual abuse in the first degree 49 or escape in the first degree, or in the course of and furtherance of 50 immediate flight after committing or attempting to commit any such crime 51 or in the course of and furtherance of immediate flight after attempting 52 to commit the crime of murder in the second degree; provided however, 53 the victim is not a participant in one of the aforementioned crimes and, 54 provided further that, unless the defendant's criminal liability under 55 this subparagraph is based upon the defendant having commanded another 56 person to cause the death of the victim or intended victim pursuant to

S. 8008 6 1 section 20.00 of this chapter, this subparagraph shall not apply where 2 the defendant's criminal liability is based upon the conduct of another 3 pursuant to section 20.00 of this chapter; or 4 § 11. Subdivision 3 of section 130.10 of the penal law, as amended by 5 a chapter of the laws of 2023 amending the penal law, the criminal 6 procedure law, the correction law, the social services law, the vehicle 7 and traffic law, the family court act, the civil rights law, the civil 8 practice law and rules, the agriculture and markets law, the judiciary 9 law and the domestic relations law relating to sex offenses, as proposed 10 in legislative bills numbers S. 3161 and A. 3340, is amended to read as 11 follows: 12 3. In any prosecution for the crime of rape in the third degree as 13 defined in section 130.25, a crime formerly defined in section 130.40, 14 aggravated sexual abuse in the fourth degree as defined in section 15 130.65-a, or sexual abuse in the third degree as defined in section 16 130.55 in which incapacity to consent is based on the circumstances set 17 forth in paragraph (h) of subdivision three of section 130.05 of this 18 article it shall be an affirmative defense that the client or patient 19 consented to such conduct charged after having been expressly advised by 20 the health care or mental health care provider that such conduct was not 21 performed for a valid medical purpose. 22 § 12. The opening paragraph and subdivision 2 of section 130.95 of the 23 penal law, as amended by a chapter of the laws of 2023 amending the 24 penal law, the criminal procedure law, the correction law, the social 25 services law, the vehicle and traffic law, the family court act, the 26 civil rights law, the civil practice law and rules, the agriculture and 27 markets law, the judiciary law and the domestic relations law relating 28 to sex offenses, as proposed in legislative bills numbers S. 3161 and A. 29 3340, are amended to read as follows: 30 A person is guilty of predatory sexual assault when he or she commits 31 the crime of rape in the first degree, a crime formerly defined in 32 section 130.50 of this title, the crime of aggravated sexual abuse in 33 the first degree, or course of sexual conduct against a child in the 34 first degree, as defined in this article, and when: 35 2. He or she has engaged in conduct constituting the crime of rape in 36 the first degree, a crime formerly defined in section 130.50 of this 37 title, the crime of aggravated sexual abuse in the first degree, or 38 course of sexual conduct against a child in the first degree, as defined 39 in this article, against one or more additional persons; or 40 § 13. The opening paragraph of section 130.96 of the penal law, as 41 amended by a chapter of the laws of 2023 amending the penal law, the 42 criminal procedure law, the correction law, the social services law, the 43 vehicle and traffic law, the family court act, the civil rights law, the 44 civil practice law and rules, the agriculture and markets law, the judi- 45 ciary law and the domestic relations law relating to sex offenses, as 46 proposed in legislative bills numbers S. 3161 and A. 3340, is amended to 47 read as follows: 48 A person is guilty of predatory sexual assault against a child when, 49 being eighteen years old or more, he or she commits the crime of rape in 50 the first degree, a crime formerly defined in section 130.50 of this 51 title, the crime of aggravated sexual abuse in the first degree, or 52 course of sexual conduct against a child in the first degree, as defined 53 in this article, and the victim is less than thirteen years old. 54 § 14. Subdivision 2 of section 240.75 of the penal law, as amended by 55 a chapter of the laws of 2023 amending the penal law, the criminal 56 procedure law, the correction law, the social services law, the vehicle

S. 8008 7 1 and traffic law, the family court act, the civil rights law, the civil 2 practice law and rules, the agriculture and markets law, the judiciary 3 law and the domestic relations law relating to sex offenses, as proposed 4 in legislative bills numbers S. 3161 and A. 3340, is amended to read as 5 follows: 6 2. A "specified offense" is an offense defined in section 120.00 7 (assault in the third degree); section 120.05 (assault in the second 8 degree); section 120.10 (assault in the first degree); section 120.13 9 (menacing in the first degree); section 120.14 (menacing in the second 10 degree); section 120.15 (menacing in the third degree); section 120.20 11 (reckless endangerment in the second degree); section 120.25 (reckless 12 endangerment in the first degree); section 120.45 (stalking in the 13 fourth degree); section 120.50 (stalking in the third degree); section 14 120.55 (stalking in the second degree); section 120.60 (stalking in the 15 first degree); section 121.11 (criminal obstruction of breathing or 16 blood circulation); section 121.12 (strangulation in the second degree); 17 section 121.13 (strangulation in the first degree); subdivision one of 18 section 125.15 (manslaughter in the second degree); subdivision one, two 19 or four of section 125.20 (manslaughter in the first degree); section 20 125.25 (murder in the second degree); section 130.20 (sexual miscon- 21 duct); section 130.25 (rape in the third degree); section 130.30 (rape 22 in the second degree); section 130.35 (rape in the first degree); 23 formerly defined in section 130.40; formerly defined in section 130.45; 24 formerly defined in section 130.50; defined in section 130.52 (forcible 25 touching); section 130.53 (persistent sexual abuse); section 130.55 26 (sexual abuse in the third degree); section 130.60 (sexual abuse in the 27 second degree); section 130.65 (sexual abuse in the first degree); 28 section 130.66 (aggravated sexual abuse in the third degree); section 29 130.67 (aggravated sexual abuse in the second degree); section 130.70 30 (aggravated sexual abuse in the first degree); section 130.91 (sexually 31 motivated felony); section 130.95 (predatory sexual assault); section 32 130.96 (predatory sexual assault against a child); section 135.05 33 (unlawful imprisonment in the second degree); section 135.10 (unlawful 34 imprisonment in the first degree); section 135.60 (coercion in the third 35 degree); section 135.61 (coercion in the second degree); section 135.65 36 (coercion in the first degree); section 140.20 (burglary in the third 37 degree); section 140.25 (burglary in the second degree); section 140.30 38 (burglary in the first degree); section 145.00 (criminal mischief in the 39 fourth degree); section 145.05 (criminal mischief in the third degree); 40 section 145.10 (criminal mischief in the second degree); section 145.12 41 (criminal mischief in the first degree); section 145.14 (criminal 42 tampering in the third degree); section 215.50 (criminal contempt in the 43 second degree); section 215.51 (criminal contempt in the first degree); 44 section 215.52 (aggravated criminal contempt); section 240.25 (harass- 45 ment in the first degree); subdivision one, two or four of section 46 240.30 (aggravated harassment in the second degree); aggravated family 47 offense as defined in this section or any attempt or conspiracy to 48 commit any of the foregoing offenses where the defendant and the person 49 against whom the offense was committed were members of the same family 50 or household as defined in subdivision one of section 530.11 of the 51 criminal procedure law. 52 § 15. Section 255.26 of the penal law, as amended by a chapter of the 53 laws of 2023 amending the penal law, the criminal procedure law, the 54 correction law, the social services law, the vehicle and traffic law, 55 the family court act, the civil rights law, the civil practice law and 56 rules, the agriculture and markets law, the judiciary law and the domes-

S. 8008 8 1 tic relations law relating to sex offenses, as proposed in legislative 2 bills numbers S. 3161 and A. 3340, is amended to read as follows: 3 § 255.26 Incest in the second degree. 4 A person is guilty of incest in the second degree when he or she 5 commits the crime of rape in the second degree, as defined in section 6 130.30 of this part, or a crime formerly defined in section 130.45 of 7 this part, against a person whom he or she knows to be related to him or 8 her, whether through marriage or not, as an ancestor, descendant, broth- 9 er or sister of either the whole or the half blood, uncle, aunt, nephew 10 or niece. 11 Incest in the second degree is a class D felony. 12 § 16. Section 255.27 of the penal law, as amended by a chapter of the 13 laws of 2023 amending the penal law, the criminal procedure law, the 14 correction law, the social services law, the vehicle and traffic law, 15 the family court act, the civil rights law, the civil practice law and 16 rules, the agriculture and markets law, the judiciary law and the domes- 17 tic relations law relating to sex offenses, as proposed in legislative 18 bills numbers S. 3161 and A. 3340, is amended to read as follows: 19 § 255.27 Incest in the first degree. 20 A person is guilty of incest in the first degree when he or she 21 commits the crime of rape in the first degree, as defined in paragraph 22 (c) or (d) of subdivision one, paragraph (c) or (d) of subdivision two 23 or paragraph (c) or (d) of subdivision three of section 130.35 of this 24 part, rape in the first degree as defined in former subdivision three or 25 four of section 130.35 of this part, or a crime formerly defined in 26 subdivision three or four of section 130.50 of this part, against a 27 person whom he or she knows to be related to him or her, whether through 28 marriage or not, as an ancestor, descendant, brother or sister of either 29 the whole or half blood, uncle, aunt, nephew or niece. 30 Incest in the first degree is a class B felony. 31 § 17. Subdivision 3 of section 485.05 of the penal law, as amended by 32 a chapter of the laws of 2023 amending the penal law, the criminal 33 procedure law, the correction law, the social services law, the vehicle 34 and traffic law, the family court act, the civil rights law, the civil 35 practice law and rules, the agriculture and markets law, the judiciary 36 law and the domestic relations law relating to sex offenses, as proposed 37 in legislative bills numbers S. 3161 and A. 3340, is amended to read as 38 follows: 39 3. A "specified offense" is an offense defined by any of the following 40 provisions of this chapter: section 120.00 (assault in the third 41 degree); section 120.05 (assault in the second degree); section 120.10 42 (assault in the first degree); section 120.12 (aggravated assault upon a 43 person less than eleven years old); section 120.13 (menacing in the 44 first degree); section 120.14 (menacing in the second degree); section 45 120.15 (menacing in the third degree); section 120.20 (reckless endan- 46 germent in the second degree); section 120.25 (reckless endangerment in 47 the first degree); section 121.12 (strangulation in the second degree); 48 section 121.13 (strangulation in the first degree); subdivision one of 49 section 125.15 (manslaughter in the second degree); subdivision one, two 50 or four of section 125.20 (manslaughter in the first degree); section 51 125.25 (murder in the second degree); section 120.45 (stalking in the 52 fourth degree); section 120.50 (stalking in the third degree); section 53 120.55 (stalking in the second degree); section 120.60 (stalking in the 54 first degree); paragraph (a) of subdivision one, paragraph (a) of subdi- 55 vision two and paragraph (a) of subdivision three of section 130.35 56 (rape in the first degree); former subdivision one of section 130.35

S. 8008 9 1 (rape in the first degree); subdivision one of former section 130.50; 2 subdivision one of section 130.65 (sexual abuse in the first degree); 3 paragraph (a) of subdivision one of section 130.67 (aggravated sexual 4 abuse in the second degree); paragraph (a) of subdivision one of section 5 130.70 (aggravated sexual abuse in the first degree); section 135.05 6 (unlawful imprisonment in the second degree); section 135.10 (unlawful 7 imprisonment in the first degree); section 135.20 (kidnapping in the 8 second degree); section 135.25 (kidnapping in the first degree); section 9 135.60 (coercion in the third degree); section 135.61 (coercion in the 10 second degree); section 135.65 (coercion in the first degree); section 11 140.10 (criminal trespass in the third degree); section 140.15 (criminal 12 trespass in the second degree); section 140.17 (criminal trespass in the 13 first degree); section 140.20 (burglary in the third degree); section 14 140.25 (burglary in the second degree); section 140.30 (burglary in the 15 first degree); section 145.00 (criminal mischief in the fourth degree); 16 section 145.05 (criminal mischief in the third degree); section 145.10 17 (criminal mischief in the second degree); section 145.12 (criminal 18 mischief in the first degree); section 150.05 (arson in the fourth 19 degree); section 150.10 (arson in the third degree); section 150.15 20 (arson in the second degree); section 150.20 (arson in the first 21 degree); section 155.25 (petit larceny); section 155.30 (grand larceny 22 in the fourth degree); section 155.35 (grand larceny in the third 23 degree); section 155.40 (grand larceny in the second degree); section 24 155.42 (grand larceny in the first degree); section 160.05 (robbery in 25 the third degree); section 160.10 (robbery in the second degree); 26 section 160.15 (robbery in the first degree); section 240.25 (harassment 27 in the first degree); subdivision one, two or four of section 240.30 28 (aggravated harassment in the second degree); section 490.10 (soliciting 29 or providing support for an act of terrorism in the second degree); 30 section 490.15 (soliciting or providing support for an act of terrorism 31 in the first degree); section 490.20 (making a terroristic threat); 32 section 490.25 (crime of terrorism); section 490.30 (hindering prose- 33 cution of terrorism in the second degree); section 490.35 (hindering 34 prosecution of terrorism in the first degree); section 490.37 (criminal 35 possession of a chemical weapon or biological weapon in the third 36 degree); section 490.40 (criminal possession of a chemical weapon or 37 biological weapon in the second degree); section 490.45 (criminal 38 possession of a chemical weapon or biological weapon in the first 39 degree); section 490.47 (criminal use of a chemical weapon or biological 40 weapon in the third degree); section 490.50 (criminal use of a chemical 41 weapon or biological weapon in the second degree); section 490.55 (crim- 42 inal use of a chemical weapon or biological weapon in the first degree); 43 or any attempt or conspiracy to commit any of the foregoing offenses. 44 § 18. Subdivision 42 of section 1.20 of the criminal procedure law, as 45 amended by a chapter of the laws of 2023 amending the penal law, the 46 criminal procedure law, the correction law, the social services law, the 47 vehicle and traffic law, the family court act, the civil rights law, the 48 civil practice law and rules, the agriculture and markets law, the judi- 49 ciary law and the domestic relations law relating to sex offenses, as 50 proposed in legislative bills numbers S. 3161 and A. 3340, is amended to 51 read as follows: 52 42. "Juvenile offender" means (1) a person, thirteen years old who is 53 criminally responsible for acts constituting murder in the second degree 54 as defined in subdivisions one and two of section 125.25 of the penal 55 law, or such conduct as a sexually motivated felony, where authorized 56 pursuant to section 130.91 of the penal law; and (2) a person fourteen

S. 8008 10 1 or fifteen years old who is criminally responsible for acts constituting 2 the crimes defined in subdivisions one and two of section 125.25 (murder 3 in the second degree) and in subdivision three of such section provided 4 that the underlying crime for the murder charge is one for which such 5 person is criminally responsible; section 135.25 (kidnapping in the 6 first degree); 150.20 (arson in the first degree); subdivisions one and 7 two of section 120.10 (assault in the first degree); 125.20 (manslaught- 8 er in the first degree); paragraphs (a) and (b) of subdivision one, 9 paragraphs (a) and (b) of subdivision two and paragraphs (a) and (b) of 10 subdivision three of section 130.35 (rape in the first degree); former 11 subdivisions one and two of section 130.35 (rape in the first degree); 12 subdivisions one and two of former section 130.50; 130.70 (aggravated 13 sexual abuse in the first degree); 140.30 (burglary in the first 14 degree); subdivision one of section 140.25 (burglary in the second 15 degree); 150.15 (arson in the second degree); 160.15 (robbery in the 16 first 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; or defined in the penal law as an attempt to commit murder in the 21 second degree or kidnapping in the first degree, or such conduct as a 22 sexually motivated felony, where authorized pursuant to section 130.91 23 of the penal law. 24 § 19. Paragraphs (a) and (b) of subdivision 1, the opening paragraph 25 of subdivision 2 and paragraph (a) of subdivision 3 of section 140.20 of 26 the criminal procedure law, as amended by a chapter of the laws of 2023 27 amending the penal law, the criminal procedure law, the correction law, 28 the social services law, the vehicle and traffic law, the family court 29 act, the civil rights law, the civil practice law and rules, the agri- 30 culture and markets law, the judiciary law and the domestic relations 31 law relating to sex offenses, as proposed in legislative bills numbers 32 S. 3161 and A. 3340, are amended to read as follows: 33 (a) If the arrest is for an offense other than a class A, B, C or D 34 felony or a violation of section 130.25, former section 130.40, section 35 205.10, 205.17, 205.19 or 215.56 of the penal law committed in a town, 36 but not in a village thereof having a village court, and the town court 37 of such town is not available at the time, the arrested person may be 38 brought before the local criminal court of any village within such town 39 or, any adjoining town, village embraced in whole or in part by such 40 adjoining town, or city of the same county; and 41 (b) If the arrest is for an offense other than a class A, B, C or D 42 felony or a violation of section 130.25, former section 130.40, section 43 205.10, 205.17, 205.19 or 215.56 of the penal law committed in a village 44 having a village court and such court is not available at the time, the 45 arrested person may be brought before the town court of the town embrac- 46 ing such village or any other village court within such town, or, if 47 such town or village court is not available either, before the local 48 criminal court of any adjoining town, village embraced in whole or in 49 part by such adjoining town, or city of the same county; and 50 If the arrest is for an offense other than a class A, B, C or D felony 51 or a violation of section 130.25, former section 130.40, section 205.10, 52 205.17, 205.19 or 215.56 of the penal law, the arrested person need not 53 be brought before a local criminal court as provided in subdivision one, 54 and the procedure may instead be as follows:

S. 8008 11 1 (a) the arrest is for an offense other than a class A, B, C or D felo- 2 ny or a violation of section 130.25, former section 130.40, section 3 205.10, 205.17, 205.19 or 215.56 of the penal law, and 4 § 20. Paragraph (a) of subdivision 3 and the opening paragraph of 5 subdivision 4 of section 140.27 of the criminal procedure law, as 6 amended by a chapter of the laws of 2023 amending the penal law, the 7 criminal procedure law, the correction law, the social services law, the 8 vehicle and traffic law, the family court act, the civil rights law, the 9 civil practice law and rules, the agriculture and markets law, the judi- 10 ciary law and the domestic relations law relating to sex offenses, as 11 proposed in legislative bills numbers S. 3161 and A. 3340, are amended 12 to read as follows: 13 (a) the arrest is for an offense other than a class A, B, C or D felo- 14 ny or a violation of section 130.25, former section 130.40, section 15 205.10, 205.17, 205.19 or 215.56 of the penal law and 16 If the arrest is for an offense other than a class A, B, C or D felony 17 or a violation of section 130.25, former section 130.40, section 205.10, 18 205.17, 205.19 or 215.56 of the penal law, the arrested person need not 19 be brought before a local criminal court as provided in subdivision two, 20 and the procedure may instead be as follows: 21 § 21. Paragraph (a) of subdivision 2 and the opening paragraph of 22 subdivision 3 of section 140.40 of the criminal procedure law, as 23 amended by a chapter of the laws of 2023 amending the penal law, the 24 criminal procedure law, the correction law, the social services law, the 25 vehicle and traffic law, the family court act, the civil rights law, the 26 civil practice law and rules, the agriculture and markets law, the judi- 27 ciary law and the domestic relations law relating to sex offenses, as 28 proposed in legislative bills numbers S. 3161 and A. 3340, are amended 29 to read as follows: 30 (a) the arrest is for an offense other than a class A, B, C or D felo- 31 ny or a violation of section 130.25, former section 130.40, section 32 205.10, 205.17, 205.19 or 215.56 of the penal law and 33 If the arrest is for an offense other than a class A, B, C or D felony 34 or a violation of section 130.25, former section 130.40, section 205.10, 35 205.17, 205.19 or 215.56 of the penal law, the arrested person need not 36 be brought before a local criminal court, as provided in subdivision 37 one, and the procedure may instead be as follows: 38 § 22. Paragraph (a) of subdivision 1 of section 150.20 of the criminal 39 procedure law, as amended by a chapter of the laws of 2023 amending the 40 penal law, the criminal procedure law, the correction law, the social 41 services law, the vehicle and traffic law, the family court act, the 42 civil rights law, the civil practice law and rules, the agriculture and 43 markets law, the judiciary law and the domestic relations law relating 44 to sex offenses, as proposed in legislative bills numbers S. 3161 and A. 45 3340, is amended to read as follows: 46 (a) Whenever a police officer is authorized pursuant to section 140.10 47 of this title to arrest a person without a warrant for an offense other 48 than a class A, B, C or D felony or a violation of section 130.25, 49 former section 130.40, section 205.10, 205.17, 205.19 or 215.56 of the 50 penal law, he shall, except as set out in paragraph (b) of this subdivi- 51 sion, subject to the provisions of subdivisions three and four of 52 section 150.40 of this title, instead issue to and serve upon such 53 person an appearance ticket. 54 § 23. Subdivision (a) of section 190.71 of the criminal procedure law, 55 as amended by a chapter of the laws of 2023 amending the penal law, the 56 criminal procedure law, the correction law, the social services law, the

S. 8008 12 1 vehicle and traffic law, the family court act, the civil rights law, the 2 civil practice law and rules, the agriculture and markets law, the judi- 3 ciary law and the domestic relations law relating to sex offenses, as 4 proposed in legislative bills numbers S. 3161 and A. 3340, is amended to 5 read as 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); paragraphs (a) and (b) of subdivision one, 20 paragraphs (a) and (b) of subdivision two and paragraphs (a) and (b) of 21 subdivision three of section 130.35 (rape in the first degree); former 22 subdivisions one and two of section 130.35 (rape in the first degree); 23 subdivisions one and two of former section 130.50; 130.70 (aggravated 24 sexual abuse in the first degree); 140.30 (burglary in the first 25 degree); subdivision one of section 140.25 (burglary in the second 26 degree); 150.15 (arson in the second degree); 160.15 (robbery in the 27 first degree); subdivision two of section 160.10 (robbery in the second 28 degree) of the penal law; or section 265.03 of the penal law, where such 29 machine gun or such firearm is possessed on school grounds, as that 30 phrase is defined in subdivision fourteen of section 220.00 of the penal 31 law; or defined in the penal law as an attempt to commit murder in the 32 second degree or kidnapping in the first degree, or such conduct as a 33 sexually motivated felony, where authorized pursuant to section 130.91 34 of the penal law. 35 § 24. Subdivision 4 of section 722.20 of the criminal procedure law, 36 as amended by a chapter of the laws of 2023 amending the penal law, the 37 criminal procedure law, the correction law, the social services law, the 38 vehicle and traffic law, the family court act, the civil rights law, the 39 civil practice law and rules, the agriculture and markets law, the judi- 40 ciary law and the domestic relations law relating to sex offenses, as 41 proposed in legislative bills numbers S. 3161 and A. 3340, is amended to 42 read as follows: 43 4. Notwithstanding the provisions of subdivisions two and three of 44 this section, the court shall, at the request of the district attorney, 45 order removal of an action against a juvenile offender to the family 46 court pursuant to the provisions of article seven hundred twenty-five of 47 this title if, upon consideration of the criteria specified in subdivi- 48 sion two of section 722.22 of this article, it is determined that to do 49 so would be in the interests of justice. Where, however, the felony 50 complaint charges the juvenile offender with murder in the second degree 51 as defined in section 125.25 of the penal law, rape in the first degree 52 as defined in paragraph (a) of subdivision one, paragraph (a) of subdi- 53 vision two and paragraph (a) of subdivision three of section 130.35 of 54 the penal law, rape in the first degree as formerly defined in subdivi- 55 sion one of section 130.35 of the penal law; a crime formerly defined in 56 subdivision one of section 130.50 of the penal law, or an armed felony

S. 8008 13 1 as defined in paragraph (a) of subdivision forty-one of section 1.20 of 2 this chapter, a determination that such action be removed to the family 3 court shall, in addition, be based upon a finding of one or more of the 4 following factors: (i) mitigating circumstances that bear directly upon 5 the manner in which the crime was committed; or (ii) where the defendant 6 was not the sole participant in the crime, the defendant's participation 7 was relatively minor although not so minor as to constitute a defense to 8 the prosecution; or (iii) possible deficiencies in proof of the crime. 9 § 25. Subdivision 5 of section 722.21 of the criminal procedure law, 10 as amended by a chapter of the laws of 2023 amending the penal law, the 11 criminal procedure law, the correction law, the social services law, the 12 vehicle and traffic law, the family court act, the civil rights law, the 13 civil practice law and rules, the agriculture and markets law, the judi- 14 ciary law and the domestic relations law relating to sex offenses, as 15 proposed in legislative bills numbers S. 3161 and A. 3340, is amended to 16 read as follows: 17 5. Notwithstanding subdivisions two and three of this section, at the 18 request of the district attorney, the court shall order removal of an 19 action against an adolescent offender charged with an offense listed in 20 paragraph (a) of subdivision two of section 722.23 of this article, to 21 the family court pursuant to the provisions of article seven hundred 22 twenty-five of this title and upon consideration of the criteria speci- 23 fied in subdivision two of section 722.22 of this article, it is deter- 24 mined that to do so would be in the interests of justice. Where, howev- 25 er, the felony complaint charges the adolescent offender with murder in 26 the second degree as defined in section 125.25 of the penal law, rape in 27 the first degree as defined in paragraph (a) of subdivision one, para- 28 graph (a) of subdivision two and paragraph (a) of subdivision three of 29 section 130.35 of the penal law, rape in the first degree as formerly 30 defined in subdivision one of section 130.35 of the penal law, a crime 31 formerly defined in subdivision one of section 130.50 of the penal law, 32 or an armed felony as defined in paragraph (a) of subdivision forty-one 33 of section 1.20 of this chapter, a determination that such action be 34 removed to the family court shall, in addition, be based upon a finding 35 of one or more of the following factors: (i) mitigating circumstances 36 that bear directly upon the manner in which the crime was committed; or 37 (ii) where the defendant was not the sole participant in the crime, the 38 defendant's participation was relatively minor although not so minor as 39 to constitute a defense to the prosecution; or (iii) possible deficien- 40 cies in proof of the crime. 41 § 26. Paragraph (b) of subdivision 1 of section 722.22 of the criminal 42 procedure law, as amended by a chapter of the laws of 2023 amending the 43 penal law, the criminal procedure law, the correction law, the social 44 services law, the vehicle and traffic law, the family court act, the 45 civil rights law, the civil practice law and rules, the agriculture and 46 markets law, the judiciary law and the domestic relations law relating 47 to sex offenses, as proposed in legislative bills numbers S. 3161 and A. 48 3340, is amended to read as follows: 49 (b) with the consent of the district attorney, order removal of an 50 action involving an indictment charging a juvenile offender with murder 51 in the second degree as defined in section 125.25 of the penal law; rape 52 in the first degree, as defined in paragraph (a) of subdivision one, 53 paragraph (a) of subdivision two and paragraph (a) of subdivision three 54 of section 130.35 of the penal law; rape in the first degree as formerly 55 defined in subdivision one of section 130.35 of the penal law; a crime 56 formerly defined in subdivision one of section 130.50 of the penal law;

S. 8008 14 1 or an armed felony as defined in paragraph (a) of subdivision forty-one 2 of section 1.20 of this chapter, to the family court pursuant to the 3 provisions of article seven hundred twenty-five of this title if the 4 court finds one or more of the following factors: (i) mitigating circum- 5 stances that bear directly upon the manner in which the crime was 6 committed; (ii) where the defendant was not the sole participant in the 7 crime, the defendant's participation was relatively minor although not 8 so minor as to constitute a defense to the prosecution; or (iii) possi- 9 ble deficiencies in the proof of the crime, and, after consideration of 10 the factors set forth in subdivision two of this section, the court 11 determined that removal of the action to the family court would be in 12 the interests of justice. 13 § 27. Subparagraph (iii) of paragraph (g) of subdivision 5 of section 14 220.10 of the criminal procedure law, as amended by a chapter of the 15 laws of 2023 amending the penal law, the criminal procedure law, the 16 correction law, the social services law, the vehicle and traffic law, 17 the family court act, the civil rights law, the civil practice law and 18 rules, the agriculture and markets law, the judiciary law and the domes- 19 tic relations law relating to sex offenses, as proposed in legislative 20 bills numbers S. 3161 and A. 3340, is amended to read as follows: 21 (iii) Where the indictment does not charge a crime specified in 22 subparagraph (i) of this paragraph, the district attorney may recommend 23 removal of the action to the family court. Upon making such recommenda- 24 tion the district attorney shall submit a subscribed memorandum setting 25 forth: (1) a recommendation that the interests of justice would best be 26 served by removal of the action to the family court; and (2) if the 27 indictment charges a thirteen year old with the crime of murder in the 28 second degree, or a fourteen or fifteen year old with the crimes of rape 29 in the first degree as defined in paragraph (a) of subdivision one, 30 paragraph (a) of subdivision two and paragraph (a) of subdivision three 31 of section 130.35 of the penal law, rape in the first degree as formerly 32 defined in subdivision one of section 130.35 of the penal law, a crime 33 formerly defined in subdivision one of section 130.50 of the penal law, 34 or an armed felony as defined in paragraph (a) of subdivision forty-one 35 of section 1.20 of this chapter specific factors, one or more of which 36 reasonably supports the recommendation, showing, (i) mitigating circum- 37 stances that bear directly upon the manner in which the crime was 38 committed, or (ii) where the defendant was not the sole participant in 39 the crime, that the defendant's participation was relatively minor 40 although not so minor as to constitute a defense to the prosecution, or 41 (iii) possible deficiencies in proof of the crime, or (iv) where the 42 juvenile offender has no previous adjudications of having committed a 43 designated felony act, as defined in subdivision eight of section 301.2 44 of the family court act, regardless of the age of the offender at the 45 time of commission of the act, that the criminal act was not part of a 46 pattern of criminal behavior and, in view of the history of the offen- 47 der, is not likely to be repeated. 48 § 28. Subdivision 6 of section 300.50 of the criminal procedure law, 49 as amended by a chapter of the laws of 2023 amending the penal law, the 50 criminal procedure law, the correction law, the social services law, the 51 vehicle and traffic law, the family court act, the civil rights law, the 52 civil practice law and rules, the agriculture and markets law, the judi- 53 ciary law and the domestic relations law relating to sex offenses, as 54 proposed in legislative bills numbers S. 3161 and A. 3340, is amended to 55 read as follows:

S. 8008 15 1 6. For purposes of this section, the offenses of rape in the third 2 degree as defined in the former subdivision three or subdivisions seven, 3 eight and nine of section 130.25 of the penal law and a crime formerly 4 defined in subdivision three of section 130.40 of the penal law, are not 5 lesser included offenses of rape in the first degree, a crime formerly 6 defined in section 130.50 of the penal law, or any other offense. 7 Notwithstanding the foregoing, any such offense may be submitted as a 8 lesser included offense of the applicable first degree offense when (i) 9 there is a reasonable view of the evidence which would support a finding 10 that the defendant committed such lesser offense but did not commit the 11 greater offense, and (ii) both parties consent to its submission. 12 § 29. Subdivision 6 of section 380.50 of the criminal procedure law, 13 as amended by a chapter of the laws of 2023 amending the penal law, the 14 criminal procedure law, the correction law, the social services law, the 15 vehicle and traffic law, the family court act, the civil rights law, the 16 civil practice law and rules, the agriculture and markets law, the judi- 17 ciary law and the domestic relations law relating to sex offenses, as 18 proposed in legislative bills numbers S. 3161 and A. 3340, is amended to 19 read as follows: 20 6. Regardless of whether the victim requests to make a statement with 21 regard to the defendant's sentence, where the defendant is sentenced for 22 a violent felony offense as defined in section 70.02 of the penal law or 23 a felony defined in article one hundred twenty-five of such law or any 24 of the following provisions of such law sections 130.25, 130.30, former 25 section 130.40, former section 130.45, sections 255.25, 255.26, 255.27, 26 article two hundred sixty-three, 135.10, 135.25, 230.05, 230.06, 230.11, 27 230.12, 230.13, subdivision two of section 230.30 or 230.32, the prose- 28 cutor shall, within sixty days of the imposition of sentence, provide 29 the victim with a form, prepared and distributed by the commissioner of 30 the division of criminal justice services, in consultation with the 31 director of the office of victim services, on which the victim may indi- 32 cate a demand to be informed of any petition to change the name of such 33 defendant. Such forms shall be maintained by such prosecutor. Upon 34 receipt of a notice of a petition to change the name of any such defend- 35 ant, pursuant to subdivision two of section sixty-two of the civil 36 rights law, the prosecutor shall promptly notify the victim at the most 37 current address or telephone number provided by such victim in the most 38 reasonable and expedient possible manner of the time and place such 39 petition will be presented to the court. 40 § 30. Paragraph (b) of subdivision 8 of section 700.05 of the criminal 41 procedure law, as amended by a chapter of the laws of 2023 amending the 42 penal law, the criminal procedure law, the correction law, the social 43 services law, the vehicle and traffic law, the family court act, the 44 civil rights law, the civil practice law and rules, the agriculture and 45 markets law, the judiciary law and the domestic relations law relating 46 to sex offenses, as proposed in legislative bills numbers S. 3161 and A. 47 3340, is amended to read as follows: 48 (b) Any of the following felonies: assault in the second degree as 49 defined in section 120.05 of the penal law, assault in the first degree 50 as defined in section 120.10 of the penal law, reckless endangerment in 51 the first degree as defined in section 120.25 of the penal law, promot- 52 ing a suicide attempt as defined in section 120.30 of the penal law, 53 strangulation in the second degree as defined in section 121.12 of the 54 penal law, strangulation in the first degree as defined in section 55 121.13 of the penal law, criminally negligent homicide as defined in 56 section 125.10 of the penal law, manslaughter in the second degree as

S. 8008 16 1 defined in section 125.15 of the penal law, manslaughter in the first 2 degree as defined in section 125.20 of the penal law, murder in the 3 second degree as defined in section 125.25 of the penal law, murder in 4 the first degree as defined in section 125.27 of the penal law, rape in 5 the third degree as defined in section 130.25 of the penal law, rape in 6 the second degree as defined in section 130.30 of the penal law, rape in 7 the first degree as defined in section 130.35 of the penal law, a crime 8 formerly defined in section 130.40 of the penal law, a crime formerly 9 defined in section 130.45 of the penal law, a crime formerly defined in 10 section 130.50 of the penal law, sexual abuse in the first degree as 11 defined in section 130.65 of the penal law, unlawful imprisonment in the 12 first degree as defined in section 135.10 of the penal law, kidnapping 13 in the second degree as defined in section 135.20 of the penal law, 14 kidnapping in the first degree as defined in section 135.25 of the penal 15 law, labor trafficking as defined in section 135.35 of the penal law, 16 aggravated labor trafficking as defined in section 135.37 of the penal 17 law, custodial interference in the first degree as defined in section 18 135.50 of the penal law, coercion in the first degree as defined in 19 section 135.65 of the penal law, criminal trespass in the first degree 20 as defined in section 140.17 of the penal law, burglary in the third 21 degree as defined in section 140.20 of the penal law, burglary in the 22 second degree as defined in section 140.25 of the penal law, burglary in 23 the first degree as defined in section 140.30 of the penal law, criminal 24 mischief in the third degree as defined in section 145.05 of the penal 25 law, criminal mischief in the second degree as defined in section 145.10 26 of the penal law, criminal mischief in the first degree as defined in 27 section 145.12 of the penal law, criminal tampering in the first degree 28 as defined in section 145.20 of the penal law, arson in the fourth 29 degree as defined in section 150.05 of the penal law, arson in the third 30 degree as defined in section 150.10 of the penal law, arson in the 31 second degree as defined in section 150.15 of the penal law, arson in 32 the first degree as defined in section 150.20 of the penal law, grand 33 larceny in the fourth degree as defined in section 155.30 of the penal 34 law, grand larceny in the third degree as defined in section 155.35 of 35 the penal law, grand larceny in the second degree as defined in section 36 155.40 of the penal law, grand larceny in the first degree as defined in 37 section 155.42 of the penal law, health care fraud in the fourth degree 38 as defined in section 177.10 of the penal law, health care fraud in the 39 third degree as defined in section 177.15 of the penal law, health care 40 fraud in the second degree as defined in section 177.20 of the penal 41 law, health care fraud in the first degree as defined in section 177.25 42 of the penal law, robbery in the third degree as defined in section 43 160.05 of the penal law, robbery in the second degree as defined in 44 section 160.10 of the penal law, robbery in the first degree as defined 45 in section 160.15 of the penal law, unlawful use of secret scientific 46 material as defined in section 165.07 of the penal law, criminal 47 possession of stolen property in the fourth degree as defined in section 48 165.45 of the penal law, criminal possession of stolen property in the 49 third degree as defined in section 165.50 of the penal law, criminal 50 possession of stolen property in the second degree as defined by section 51 165.52 of the penal law, criminal possession of stolen property in the 52 first degree as defined by section 165.54 of the penal law, trademark 53 counterfeiting in the second degree as defined in section 165.72 of the 54 penal law, trademark counterfeiting in the first degree as defined in 55 section 165.73 of the penal law, forgery in the second degree as defined 56 in section 170.10 of the penal law, forgery in the first degree as

S. 8008 17 1 defined in section 170.15 of the penal law, criminal possession of a 2 forged instrument in the second degree as defined in section 170.25 of 3 the penal law, criminal possession of a forged instrument in the first 4 degree as defined in section 170.30 of the penal law, criminal 5 possession of forgery devices as defined in section 170.40 of the penal 6 law, falsifying business records in the first degree as defined in 7 section 175.10 of the penal law, tampering with public records in the 8 first degree as defined in section 175.25 of the penal law, offering a 9 false instrument for filing in the first degree as defined in section 10 175.35 of the penal law, issuing a false certificate as defined in 11 section 175.40 of the penal law, criminal diversion of prescription 12 medications and prescriptions in the second degree as defined in section 13 178.20 of the penal law, criminal diversion of prescription medications 14 and prescriptions in the first degree as defined in section 178.25 of 15 the penal law, residential mortgage fraud in the fourth degree as 16 defined in section 187.10 of the penal law, residential mortgage fraud 17 in the third degree as defined in section 187.15 of the penal law, resi- 18 dential mortgage fraud in the second degree as defined in section 187.20 19 of the penal law, residential mortgage fraud in the first degree as 20 defined in section 187.25 of the penal law, escape in the second degree 21 as defined in section 205.10 of the penal law, escape in the first 22 degree as defined in section 205.15 of the penal law, absconding from 23 temporary release in the first degree as defined in section 205.17 of 24 the penal law, promoting prison contraband in the first degree as 25 defined in section 205.25 of the penal law, hindering prosecution in the 26 second degree as defined in section 205.60 of the penal law, hindering 27 prosecution in the first degree as defined in section 205.65 of the 28 penal law, sex trafficking as defined in section 230.34 of the penal 29 law, sex trafficking of a child as defined in section 230.34-a of the 30 penal law, criminal possession of a weapon in the third degree as 31 defined in subdivisions two, three and five of section 265.02 of the 32 penal law, criminal possession of a weapon in the second degree as 33 defined in section 265.03 of the penal law, criminal possession of a 34 weapon in the first degree as defined in section 265.04 of the penal 35 law, manufacture, transport, disposition and defacement of weapons and 36 dangerous instruments and appliances defined as felonies in subdivisions 37 one, two, and three of section 265.10 of the penal law, sections 265.11, 38 265.12 and 265.13 of the penal law, or prohibited use of weapons as 39 defined in subdivision two of section 265.35 of the penal law, relating 40 to firearms and other dangerous weapons, criminal manufacture, sale or 41 transport of an undetectable firearm, rifle or shotgun as defined in 42 section 265.50 of the penal law, or failure to disclose the origin of a 43 recording in the first degree as defined in section 275.40 of the penal 44 law; 45 § 31. Paragraph (a) of subdivision 2 of section 720.10 of the criminal 46 procedure law, as amended by a chapter of the laws of 2023 amending the 47 penal law, the criminal procedure law, the correction law, the social 48 services law, the vehicle and traffic law, the family court act, the 49 civil rights law, the civil practice law and rules, the agriculture and 50 markets law, the judiciary law and the domestic relations law relating 51 to sex offenses, as proposed in legislative bills numbers S. 3161 and A. 52 3340, is amended to read as follows: 53 (a) the conviction to be replaced by a youthful offender finding is 54 for (i) a class A-I or class A-II felony, or (ii) an armed felony as 55 defined in subdivision forty-one of section 1.20, except as provided in 56 subdivision three, or (iii) rape in the first degree, a crime formerly

S. 8008 18 1 defined in section 130.50 of the penal law, or the crime of aggravated 2 sexual abuse, except as provided in subdivision three, or 3 § 32. Paragraph (a) of subdivision 2 and paragraph (a) of subdivision 4 3 of section 168-a of the correction law, as amended by a chapter of the 5 laws of 2023 amending the penal law, the criminal procedure law, the 6 correction law, the social services law, the vehicle and traffic law, 7 the family court act, the civil rights law, the civil practice law and 8 rules, the agriculture and markets law, the judiciary law and the domes- 9 tic relations law relating to sex offenses, as proposed in legislative 10 bills numbers S. 3161 and A. 3340, are amended to read as follows: 11 (a) (i) a conviction of or a conviction for an attempt to commit any 12 of the provisions of sections 120.70, 130.20, 130.25, 130.30, [~~130.40,~~ 13 ~~130.45,~~] former section 130.40, former section 130.45, sections 130.60, 14 230.34, 230.34-a, 250.50, 255.25, 255.26 and 255.27 or article two 15 hundred sixty-three of the penal law, or section 135.05, 135.10, 135.20 16 or 135.25 of such law relating to kidnapping offenses, provided the 17 victim of such kidnapping or related offense is less than seventeen 18 years old and the offender is not the parent of the victim, or section 19 230.04, where the person patronized is in fact less than seventeen years 20 of age, 230.05, 230.06, 230.11, 230.12, 230.13, subdivision two of 21 section 230.30, section 230.32, 230.33, or 230.34 of the penal law, or 22 section 230.25 of the penal law where the person prostituted is in fact 23 less than seventeen years old, or 24 (a) (i) a conviction of or a conviction for an attempt to commit any 25 of the provisions of [~~sections~~] section 130.35, former section 130.50, 26 sections 130.65, 130.66, 130.67, 130.70, 130.75, 130.80, 130.95 and 27 130.96 of the penal law, or (ii) a conviction of or a conviction for an 28 attempt to commit any of the provisions of sections 130.53, 130.65-a and 29 130.90 of the penal law, or (iii) a conviction of or a conviction for an 30 attempt to commit any provisions of the foregoing sections committed or 31 attempted as a hate crime defined in section 485.05 of the penal law or 32 as a crime of terrorism defined in section 490.25 of such law; or 33 § 33. Subparagraph (ii) of paragraph (a), subparagraphs (i) and (ii) 34 of paragraph (b) and paragraph (e) of subdivision 8 of section 384-b of 35 the social services law, as amended by a chapter of the laws of 2023 36 amending the penal law, the criminal procedure law, the correction law, 37 the social services law, the vehicle and traffic law, the family court 38 act, the civil rights law, the civil practice law and rules, the agri- 39 culture and markets law, the judiciary law and the domestic relations 40 law relating to sex offenses, as proposed in legislative bills numbers 41 S. 3161 and A. 3340, are amended to read as follows: 42 (ii) the child has been found to be an abused child, as defined in 43 paragraph (iii) of subdivision (e) of section ten hundred twelve of the 44 family court act, as a result of such parent's acts; provided, however, 45 the respondent must have committed or knowingly allowed to be committed 46 a felony sex offense as defined in sections 130.25, 130.30, 130.35, 47 former sections 130.40, 130.45, 130.50, sections 130.65, 130.67, 130.70, 48 130.75, 130.80, 130.95 and 130.96 of the penal law and, for the purposes 49 of this section the corroboration requirements contained in the penal 50 law shall not apply to proceedings under this section; or 51 (i) the child has been found to be an abused child, (A) as defined in 52 paragraph (i) of subdivision (e) of section ten hundred twelve of the 53 family court act, as a result of such parent's acts; or (B) as defined 54 in paragraph (iii) of subdivision (e) of section ten hundred twelve of 55 the family court act, as a result of such parent's acts; provided, 56 however, the respondent must have committed or knowingly allowed to be

S. 8008 19 1 committed a felony sex offense as defined in sections 130.25, 130.30, 2 130.35, former sections 130.40, 130.45, 130.50, sections 130.65, 130.67, 3 130.70, 130.75, 130.80, 130.95 and 130.96 of the penal law; and 4 (ii) (A) the child or another child for whose care such parent is or 5 has been legally responsible has been previously found, within the five 6 years immediately preceding the initiation of the proceeding in which 7 such abuse is found, to be an abused child, as defined in paragraph (i) 8 or (iii) of subdivision (e) of section ten hundred twelve of the family 9 court act, as a result of such parent's acts; provided, however, in the 10 case of a finding of abuse as defined in paragraph (iii) of subdivision 11 (e) of section ten hundred twelve of the family court act the respondent 12 must have committed or knowingly allowed to be committed a felony sex 13 offense as defined in sections 130.25, 130.30, 130.35, former sections 14 130.40, 130.45, 130.50, sections 130.65, 130.67, 130.70, 130.75 and 15 130.80 of the penal law, or (B) the parent has been convicted of a crime 16 under section 130.25, 130.30, 130.35, former sections 130.40, 130.45, 17 130.50, sections 130.65, 130.67, 130.70, 130.75 or 130.80 of the penal 18 law against the child, a sibling of the child or another child for whose 19 care such parent is or has been legally responsible, within the five 20 year period immediately preceding the initiation of the proceeding in 21 which abuse is found; and 22 (e) A determination by the court in accordance with article ten of the 23 family court act based upon clear and convincing evidence that a child 24 was abused (A) as defined in paragraph (i) of subdivision (e) of section 25 ten hundred twelve of the family court act, as a result of such parent's 26 acts; or (B) as defined in paragraph (iii) of subdivision (e) of section 27 ten hundred twelve of the family court act, as a result of such parent's 28 acts; provided, however, the respondent must have committed or knowingly 29 allowed to be committed a felony sex offense as defined in sections 30 130.25, 130.30, 130.35, former sections 130.40, 130.45, 130.50, sections 31 130.65, 130.67, 130.70, 130.75 and 130.80 of the penal law shall estab- 32 lish that the child was an abused child for the purpose of a determi- 33 nation as required by subparagraph (i) or (ii) of paragraph (b) of this 34 subdivision. Such a determination by the court in accordance with arti- 35 cle ten of the family court act based upon a fair preponderance of 36 evidence shall be admissible in any proceeding commenced in accordance 37 with this section. 38 § 34. Paragraphs (a) and (b) of subdivision 4 of section 509-cc of the 39 vehicle and traffic law, as amended by a chapter of the laws of 2023 40 amending the penal law, the criminal procedure law, the correction law, 41 the social services law, the vehicle and traffic law, the family court 42 act, the civil rights law, the civil practice law and rules, the agri- 43 culture and markets law, the judiciary law and the domestic relations 44 law relating to sex offenses, as proposed in legislative bills numbers 45 S. 3161 and A. 3340, are amended to read as follows: 46 (a) The offenses referred to in subparagraph (ii) of paragraph (a) of 47 subdivision one and paragraph (a) of subdivision two of this section 48 that result in permanent disqualification shall include a conviction 49 under sections 125.12, 125.13, 125.14, 125.15, 125.20, 125.21, 125.22, 50 125.25, 125.26, 125.27, 130.30, 130.35, former sections 130.45 and 51 130.50, sections 130.65, 130.66, 130.67, 130.70, 130.75, 130.80, 130.90, 52 130.95, 130.96, 135.25, 150.20, 230.30, 230.32, 230.34, 230.34-a, 53 235.22, 263.05, 263.10, 263.11, 263.15, 263.16 of the penal law or an 54 attempt to commit any of the aforesaid offenses under section 110.00 of 55 the penal law, or any offenses committed under a former section of the 56 penal law which would constitute violations of the aforesaid sections of

S. 8008 20 1 the penal law, or any offenses committed outside this state which would 2 constitute violations of the aforesaid sections of the penal law. 3 (b) The offenses referred to in subparagraph (ii) of paragraph (a) of 4 subdivision one and paragraph (b) of subdivision two of this section 5 that result in permanent disqualification shall include a conviction 6 under sections 100.13, 105.15, 105.17, 115.08, 120.12, 120.70, 125.10, 7 125.11, former section 130.40, sections 130.53, 130.60, 130.65-a, 8 135.20, 160.15, 220.18, 220.21, 220.39, 220.41, 220.43, 220.44, 230.25, 9 260.00, 265.04 of the penal law or an attempt to commit any of the afor- 10 esaid offenses under section 110.00 of the penal law, or any offenses 11 committed under a former section of the penal law which would constitute 12 violations of the aforesaid sections of the penal law, or any offenses 13 committed outside this state which would constitute violations of the 14 aforesaid sections of the penal law. 15 § 35. The opening paragraph of subdivision (b) of section 117 of the 16 family court act, as amended by a chapter of the laws of 2023 amending 17 the penal law, the criminal procedure law, the correction law, the 18 social services law, the vehicle and traffic law, the family court act, 19 the civil rights law, the civil practice law and rules, the agriculture 20 and markets law, the judiciary law and the domestic relations law relat- 21 ing to sex offenses, as proposed in legislative bills numbers S. 3161 22 and A. 3340, is amended to read as follows: 23 For every juvenile delinquency proceeding under article three involv- 24 ing an allegation of an act committed by a person which, if done by an 25 adult, would be a crime (i) defined in sections 125.27 (murder in the 26 first degree); 125.25 (murder in the second degree); 135.25 (kidnapping 27 in the first degree); or 150.20 (arson in the first degree) of the penal 28 law committed by a person thirteen, fourteen, fifteen, sixteen, or 29 seventeen years of age; or such conduct committed as a sexually moti- 30 vated felony, where authorized pursuant to section 130.91 of the penal 31 law; (ii) defined in sections 120.10 (assault in the first degree); 32 125.20 (manslaughter in the first degree); 130.35 (rape in the first 33 degree); former section 130.50; sections 130.70 (aggravated sexual abuse 34 in the first degree); 135.20 (kidnapping in the second degree), but only 35 where the abduction involved the use or threat of use of deadly physical 36 force; 150.15 (arson in the second degree); or 160.15 (robbery in the 37 first degree) of the penal law committed by a person thirteen, fourteen, 38 fifteen, sixteen, or seventeen years of age; or such conduct committed 39 as a sexually motivated felony, where authorized pursuant to section 40 130.91 of the penal law; (iii) defined in the penal law as an attempt to 41 commit murder in the first or second degree or kidnapping in the first 42 degree committed by a person thirteen, fourteen, fifteen, sixteen, or 43 seventeen years of age; or such conduct committed as a sexually moti- 44 vated felony, where authorized pursuant to section 130.91 of the penal 45 law; (iv) defined in section 140.30 (burglary in the first degree); 46 subdivision one of section 140.25 (burglary in the second degree); 47 subdivision two of section 160.10 (robbery in the second degree) of the 48 penal law; or section 265.03 of the penal law, where such machine gun or 49 such firearm is possessed on school grounds, as that phrase is defined 50 in subdivision fourteen of section 220.00 of the penal law committed by 51 a person fourteen, fifteen, sixteen, or seventeen years of age; or such 52 conduct committed as a sexually motivated felony, where authorized 53 pursuant to section 130.91 of the penal law; (v) defined in section 54 120.05 (assault in the second degree) or 160.10 (robbery in the second 55 degree) of the penal law committed by a person fourteen, fifteen, 56 sixteen, or seventeen years of age but only where there has been a prior

S. 8008 21 1 finding by a court that such person has previously committed an act 2 which, if committed by an adult, would be the crime of assault in the 3 second degree, robbery in the second degree or any designated felony act 4 specified in clause (i), (ii) or (iii) of this subdivision regardless of 5 the age of such person at the time of the commission of the prior act; 6 or (vi) other than a misdemeanor, committed by a person at least twelve 7 but less than eighteen years of age, but only where there have been two 8 prior findings by the court that such person has committed a prior act 9 which, if committed by an adult, would be a felony: 10 § 36. Subdivision 4 of section 308.1 of the family court act, as 11 amended by a chapter of the laws of 2023 amending the penal law, the 12 criminal procedure law, the correction law, the social services law, the 13 vehicle and traffic law, the family court act, the civil rights law, the 14 civil practice law and rules, the agriculture and markets law, the judi- 15 ciary law and the domestic relations law relating to sex offenses, as 16 proposed in legislative bills numbers S. 3161 and A. 3340, is amended to 17 read as follows: 18 4. The probation service shall not adjust a case in which the child 19 has allegedly committed a delinquent act which would be a crime defined 20 in section 120.25, (reckless endangerment in the first degree), subdivi- 21 sion one of section 125.15, (manslaughter in the second degree), subdi- 22 visions one, two and three of section 130.25, (rape in the third 23 degree), subdivision one of former section 130.40, subdivision one or 24 two of section 130.65, (sexual abuse in the first degree), section 25 135.65, (coercion in the first degree), section 140.20, (burglary in the 26 third degree), section 150.10, (arson in the third degree), section 27 160.05, (robbery in the third degree), subdivision two, three or four of 28 section 265.02, (criminal possession of a weapon in the third degree), 29 section 265.03, (criminal possession of a weapon in the second degree), 30 or section 265.04, (criminal possession of a dangerous weapon in the 31 first degree) of the penal law where the child has previously had one or 32 more adjustments of a case in which such child allegedly committed an 33 act which would be a crime specified in this subdivision unless it has 34 received written approval from the court and the appropriate presentment 35 agency. 36 § 37. Subdivision (c) of section 1052 of the family court act, as 37 amended by a chapter of the laws of 2023 amending the penal law, the 38 criminal procedure law, the correction law, the social services law, the 39 vehicle and traffic law, the family court act, the civil rights law, the 40 civil practice law and rules, the agriculture and markets law, the judi- 41 ciary law and the domestic relations law relating to sex offenses, as 42 proposed in legislative bills numbers S. 3161 and A. 3340, is amended to 43 read as follows: 44 (c) Prior to granting an order of disposition pursuant to subdivision 45 (a) of this section following an adjudication of child abuse, as defined 46 in paragraph (i) of subdivision (e) of section ten hundred twelve of 47 this act or a finding of a felony sex offense as defined in sections 48 130.25, 130.30, 130.35, former sections 130.40, 130.45, 130.50, sections 49 130.65 and 130.70 of the penal law, the court shall advise the respond- 50 ent that any subsequent adjudication of child abuse, as defined in para- 51 graph (i) of subdivision (e) of section one thousand twelve of this act 52 or any subsequent finding of a felony sex offense as defined in those 53 sections of the penal law herein enumerated, arising out of acts of the 54 respondent may result in the commitment of the guardianship and custody 55 of the child or another child pursuant to section three hundred eighty- 56 four-b of the social services law. The order in such cases shall contain

S. 8008 22 1 a statement that any subsequent adjudication of child abuse or finding 2 of a felony sex offense as described herein may result in the commitment 3 of the guardianship and custody of the child, or another child pursuant 4 to section three hundred eighty-four-b of the social services law. 5 § 38. Subdivision 2 of section 64 of the civil rights law, as amended 6 by a chapter of the laws of 2023 amending the penal law, the criminal 7 procedure law, the correction law, the social services law, the vehicle 8 and traffic law, the family court act, the civil rights law, the civil 9 practice law and rules, the agriculture and markets law, the judiciary 10 law and the domestic relations law relating to sex offenses, as proposed 11 in legislative bills numbers S. 3161 and A. 3340, is amended to read as 12 follows: 13 2. (a) If the petition states that the petitioner stands convicted of 14 a violent felony offense as defined in section 70.02 of the penal law or 15 a felony defined in article one hundred twenty-five of such law or any 16 of the following provisions of such law sections 130.25, 130.30, former 17 sections 130.40 and 130.45, sections 255.25, 255.26, 255.27, article two 18 hundred sixty-three, 135.10, 135.25, 230.05, 230.06, subdivision two of 19 section 230.30 or 230.32, the clerk of the court in which the order has 20 been entered shall deliver, by first class mail, a copy of such certi- 21 fied order to the division of criminal justice services at its office in 22 the county of Albany and (b) if the petition states that the petitioner 23 is responsible for spousal support or child support obligations pursuant 24 to court order, upon review of the petitioner's application for name 25 change and subsequent inquiry, the court shall order the petitioner to 26 deliver, by first class mail, the petitioner's new name with such certi- 27 fied order to the court of competent jurisdiction which imposed the 28 orders of support. If a party to the order is receiving child support 29 services pursuant to title six-A of article three of the social services 30 law, a copy shall be mailed to the support collection unit of the appli- 31 cable social services district providing such services to a party. Such 32 certification shall appear on the original order and on any certified 33 copy thereof and shall be entered in the court's minutes of the proceed- 34 ing. 35 § 39. Section 213-c of the civil practice law and rules, as amended by 36 a chapter of the laws of 2023 amending the penal law, the criminal 37 procedure law, the correction law, the social services law, the vehicle 38 and traffic law, the family court act, the civil rights law, the civil 39 practice law and rules, the agriculture and markets law, the judiciary 40 law and the domestic relations law relating to sex offenses, as proposed 41 in legislative bills numbers S. 3161 and A. 3340, is amended to read as 42 follows: 43 § 213-c. Action by victim of conduct constituting certain sexual 44 offenses. Notwithstanding any other limitation set forth in this arti- 45 cle, except as provided in subdivision (b) of section two hundred eight 46 of this article, all civil claims or causes of action brought by any 47 person for physical, psychological or other injury or condition suffered 48 by such person as a result of conduct which would constitute rape in the 49 first degree as defined in section 130.35 of the penal law, or rape in 50 the second degree as defined in subdivision [~~two~~] four, five or six of 51 section 130.30 of the penal law, or rape in the second degree as defined 52 in former subdivision two of section 130.30 of the penal law, or rape in 53 the third degree as defined in subdivision one [or], two, three, seven, 54 eight or nine of section 130.25 of the penal law, or a crime formerly 55 defined in section 130.50 of the penal law, or a crime formerly defined 56 in subdivision two of section 130.45 of the penal law, or a crime

S. 8008 23 1 formerly defined in subdivision one or three of section 130.40 of the 2 penal law, or incest in the first degree as defined in section 255.27 of 3 the penal law, or incest in the second degree as defined in section 4 255.26 of the penal law (where the crime committed is rape in the second 5 degree as defined in subdivision [~~two~~] four, five or six of section 6 130.30 of the penal law, or rape in the second degree as formerly 7 defined in subdivision two of section 130.30 of the penal law, or a 8 crime formerly defined in subdivision two of section 130.45 of the penal 9 law), or aggravated sexual abuse in the first degree as defined in 10 section 130.70 of the penal law, or course of sexual conduct against a 11 child in the first degree as defined in section 130.75 of the penal law 12 may be brought against any party whose intentional or negligent acts or 13 omissions are alleged to have resulted in the commission of the said 14 conduct, within twenty years. Nothing in this section shall be construed 15 to require that a criminal charge be brought or a criminal conviction be 16 obtained as a condition of bringing a civil cause of action or receiving 17 a civil judgment pursuant to this section or be construed to require 18 that any of the rules governing a criminal proceeding be applicable to 19 any such civil action. 20 § 40. Paragraph (b) of subdivision 8 of section 215 of the civil prac- 21 tice law and rules, as amended by a chapter of the laws of 2023 amending 22 the penal law, the criminal procedure law, the correction law, the 23 social services law, the vehicle and traffic law, the family court act, 24 the civil rights law, the civil practice law and rules, the agriculture 25 and markets law, the judiciary law and the domestic relations law relat- 26 ing to sex offenses, as proposed in legislative bills numbers S. 3161 27 and A. 3340, is amended to read as follows: 28 (b) Whenever it is shown that a criminal action against the same 29 defendant has been commenced with respect to the event or occurrence 30 from which a claim governed by this section arises, and such criminal 31 action is for rape in the first degree as defined in section 130.35 of 32 the penal law, or a crime formerly defined in section 130.50 of the 33 penal law, or aggravated sexual abuse in the first degree as defined in 34 section 130.70 of the penal law, or course of sexual conduct against a 35 child in the first degree as defined in section 130.75 of the penal law, 36 the plaintiff shall have at least five years from the termination of the 37 criminal action as defined in section 1.20 of the criminal procedure law 38 in which to commence the civil action, notwithstanding that the time in 39 which to commence such action has already expired or has less than a 40 year remaining. 41 § 41. Subdivision 11 of section 123 of the agriculture and markets 42 law, as amended by a chapter of the laws of 2023 amending the penal law, 43 the criminal procedure law, the correction law, the social services law, 44 the vehicle and traffic law, the family court act, the civil rights law, 45 the civil practice law and rules, the agriculture and markets law, the 46 judiciary law and the domestic relations law relating to sex offenses, 47 as proposed in legislative bills numbers S. 3161 and A. 3340, is amended 48 to read as follows: 49 11. The owner shall not be liable pursuant to subdivision six, seven, 50 eight, nine or ten of this section if the dog was coming to the aid or 51 defense of a person during the commission or attempted commission of a 52 murder, robbery, burglary, arson, rape in the first degree as defined in 53 paragraph (a) or (b) of subdivision one, paragraph (a) or (b) of subdi- 54 vision two or paragraph (a) or (b) of subdivision three of section 55 130.35 of the penal law, rape in the first degree as defined in the 56 former subdivision one of section 130.35 of the penal law, a crime

S. 8008 24 1 formerly defined in subdivision one or two of section 130.50 of the 2 penal law or kidnapping within the dwelling or upon the real property of 3 the owner of the dog and the dog injured or killed the person committing 4 such criminal activity. 5 § 42. Section 4 of the judiciary law, as amended by a chapter of the 6 laws of 2023 amending the penal law, the criminal procedure law, the 7 correction law, the social services law, the vehicle and traffic law, 8 the family court act, the civil rights law, the civil practice law and 9 rules, the agriculture and markets law, the judiciary law and the domes- 10 tic relations law relating to sex offenses, as proposed in legislative 11 bills numbers S. 3161 and A. 3340, is amended to read as follows: 12 § 4. Sittings of courts to be public. The sittings of every court 13 within this state shall be public, and every citizen may freely attend 14 the same, except that in all proceedings and trials in cases for 15 divorce, seduction, rape, assault with intent to commit rape, bastardy 16 [or], filiation, or a crime formerly defined in sections 130.50, 130.45, 17 and 130.40 of the penal law, the court may, in its discretion, exclude 18 therefrom all persons who are not directly interested therein, excepting 19 jurors, witnesses, and officers of the court. 20 § 43. Subdivision 2 of section 120.60 of the penal law, as amended by 21 a chapter of the laws of 2023 amending the penal law, the criminal 22 procedure law, the correction law, the social services law, the vehicle 23 and traffic law, the family court act, the civil rights law, the civil 24 practice law and rules, the agriculture and markets law, the judiciary 25 law and the domestic relations law relating to sex offenses, as proposed 26 in legislative bills numbers S. 3161 and A. 3340, is amended to read as 27 follows: 28 2. commits a class A misdemeanor defined in article one hundred thirty 29 of this chapter, or a class E felony defined in section 130.25, former 30 section 130.40 or section 130.85 of this chapter, or a class D felony 31 defined in former section 130.45 or section 130.30 of this chapter. 32 § 44. Subdivision 1 of section 235.00 of the penal law, as amended by 33 a chapter of the laws of 2023 amending the penal law, the criminal 34 procedure law, the correction law, the social services law, the vehicle 35 and traffic law, the family court act, the civil rights law, the civil 36 practice law and rules, the agriculture and markets law, the judiciary 37 law and the domestic relations law relating to sex offenses, as proposed 38 in legislative bills numbers S. 3161 and A. 3340, is amended to read as 39 follows: 40 1. "Obscene." Any material or performance is "obscene" if (a) the 41 average person, applying contemporary community standards, would find 42 that considered as a whole, its predominant appeal is to the prurient 43 interest in sex, and (b) it depicts or describes in a patently offensive 44 manner, actual or simulated: vaginal sexual contact, a crime under the 45 former sections 130.50, 130.45, and 130.40 of the penal law, oral sexual 46 contact, anal sexual contact, sexual bestiality, masturbation, sadism, 47 masochism, excretion or lewd exhibition of the genitals, and (c) consid- 48 ered as a whole, it lacks serious literary, artistic, political, and 49 scientific value. Predominant appeal shall be judged with reference to 50 ordinary adults unless it appears from the character of the material or 51 the circumstances of its dissemination to be designed for children or 52 other especially susceptible audience. 53 § 45. Sections 65 and 66 of a chapter of the laws of 2023, amending 54 the penal law, the criminal procedure law, the correction law, the 55 social services law, the vehicle and traffic law, the family court act, 56 the civil rights law, the civil practice law and rules, the agriculture

S. 8008 25 1 and markets law, the judiciary law and the domestic relations law relat- 2 ing to sex offenses, as proposed in legislative bills numbers S. 3161 3 and A. 3340, are amended to read as follows: 4 § 65. As it pertains to the repealed sections of law, [~~nothing~~] such 5 repeal shall not be construed to apply retroactively. Offenses committed 6 prior to the effective date of this act may be construed and punished 7 according to the provisions of law existing at the time of the commis- 8 sion thereof. Nothing in this act shall affect a requirement to regis- 9 ter pursuant to article 6-C of the correction law; a lawfully required 10 disclosure of a conviction; any restriction or prohibition for certain 11 types of employment, housing, or government benefit; or any other ongo- 12 ing matter related to a conviction of the sections repealed in this act. 13 § 66. This act shall take effect [~~January~~] September 1, 2024 and shall 14 apply to any offense committed on or after such effective date. 15 § 46. This act shall take effect immediately; provided, however, that 16 sections one through forty-four of this act shall take effect on the 17 same date and in the same manner as a chapter of the laws of 2023, 18 amending the penal law, the criminal procedure law, the correction law, 19 the social services law, the vehicle and traffic law, the family court 20 act, the civil rights law, the civil practice law and rules, the agri- 21 culture and markets law, the judiciary law and the domestic relations 22 law relating to sex offenses, as proposed in legislative bills numbers 23 S. 3161 and A. 3340, takes effect.

Relates to certain sex offenses

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