STATE OF NEW YORK ________________________________________________________________________ 6399 2025-2026 Regular Sessions IN ASSEMBLY March 4, 2025 ___________ Introduced by M. of A. MORINELLO, DeSTEFANO, HAWLEY -- read once and referred to the Committee on Codes AN ACT to amend the penal law, the agriculture and markets law, the criminal procedure law, the civil practice law and rules, the domestic relations law, the education law, the executive law, the family court act, the general business law, the judiciary law, the labor law, the public health law, the social services law and the administrative code of the city of New York, in relation to replacing the word rape with the term sexual battery The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 130.25 of the penal law, as amended by chapter 777 2 of the laws of 2023, is amended to read as follows: 3 § 130.25 [Rape] Sexual battery in the third degree. 4 A person is guilty of [rape] sexual battery in the third degree when: 5 1. [He or she] Such person engages in vaginal sexual contact with 6 another person who is incapable of consent by reason of some factor 7 other than being less than seventeen years old; 8 2. [He or she] Such person engages in oral sexual contact with another 9 person who is incapable of consent by reason of some factor other than 10 being less than seventeen years old; 11 3. [He or she] Such person engages in anal sexual contact with another 12 person who is incapable of consent by reason of some other factor other 13 than being less than seventeen years old; 14 4. Being twenty-one years old or more, [he or she] such person engages 15 in vaginal sexual contact with another person less than seventeen years 16 old; 17 5. Being twenty-one years old or more, [he or she] such person engages 18 in oral sexual contact with another person less than seventeen years 19 old; 20 6. Being twenty-one years old or more, [he or she] such person engages 21 in anal sexual contact with another person less than seventeen years 22 old; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09192-01-5
A. 6399 2 1 7. [He or she] Such person engages in vaginal sexual contact with 2 another person without such person's consent where such lack of consent 3 is by reason of some factor other than incapacity to consent; 4 8. [He or she] Such person engages in oral sexual contact with another 5 person without such person's consent where such lack of consent is by 6 reason of some factor other than incapacity to consent; or 7 9. [He or she] Such person engages in anal sexual contact with another 8 person without such person's consent where such lack of consent is by 9 reason of some factor other than the incapacity to consent. 10 [Rape] Sexual battery in the third degree is a class E felony. 11 § 2. Section 130.30 of the penal law, as amended by chapter 777 of the 12 laws of 2023, is amended to read as follows: 13 § 130.30 [Rape] Sexual battery in the second degree. 14 A person is guilty of [rape] sexual battery in the second degree when: 15 1. being eighteen years old or more, [he or she] such person engages 16 in vaginal sexual contact with another person less than fifteen years 17 old; 18 2. being eighteen years old or more, [he or she] such person engages 19 in oral sexual contact with another person less than fifteen years old; 20 3. being eighteen years old or more, [he or she] such person engages 21 in anal sexual contact with another person less than fifteen years old; 22 4. [he or she] such person engages in vaginal sexual contact with 23 another person who is incapable of consent by reason of being mentally 24 disabled or mentally incapacitated; 25 5. [he or she] such person engages in oral sexual contact with another 26 person who is incapable of consent by reason of being mentally disabled 27 or mentally incapacitated; or 28 6. [he or she] such person engages in anal sexual contact with another 29 person who is incapable of consent by reason of being mentally disabled 30 or mentally incapacitated. 31 It shall be an affirmative defense to the crime of [rape] sexual 32 battery in the second degree as defined in subdivisions one, two and 33 three of this section that the defendant was less than four years older 34 than the victim at the time of the act. 35 [Rape] Sexual battery in the second degree is a class D felony. 36 § 3. Section 130.35 of the penal law, as amended by chapter 777 of the 37 laws of 2023, is amended to read as follows: 38 § 130.35 [Rape] Sexual battery in the first degree. 39 A person is guilty of [rape] sexual battery in the first degree when: 40 1. [he or she] such person engages in vaginal sexual contact with 41 another person: 42 (a) By forcible compulsion; or 43 (b) Who is incapable of consent by reason of being physically help- 44 less; or 45 (c) Who is less than eleven years old; or 46 (d) Who is less than thirteen years old and the actor is eighteen 47 years old or more; 48 2. [he or she] such person engages in oral sexual contact with another 49 person: 50 (a) By forcible compulsion; or 51 (b) Who is incapable of consent by reason of being physically help- 52 less; or 53 (c) Who is less than eleven years old; or 54 (d) Who is less than thirteen years old and the actor is eighteen 55 years old or more; or
A. 6399 3 1 3. [he or she] such person engages in anal sexual contact with another 2 person: 3 (a) By forcible compulsion; or 4 (b) Who is incapable of consent by reason of being physically help- 5 less; or 6 (c) Who is less than eleven years old; or 7 (d) Who is less than thirteen years old and the actor is eighteen 8 years old or more. 9 [Rape] Sexual battery in the first degree is a class B felony. 10 § 4. Paragraph 2 of subdivision 18 of section 10.00 of the penal law, 11 as amended by chapter 23 of the laws of 2024, is amended to read as 12 follows: 13 (2) a person fourteen or fifteen years old who is criminally responsi- 14 ble for acts constituting the crimes defined in subdivisions one and two 15 of section 125.25 (murder in the second degree) and in subdivision three 16 of such section provided that the underlying crime for the murder charge 17 is one for which such person is criminally responsible; section 135.25 18 (kidnapping in the first degree); 150.20 (arson in the first degree); 19 subdivisions one and two of section 120.10 (assault in the first 20 degree); 125.20 (manslaughter in the first degree); paragraphs (a) and 21 (b) of subdivision one, paragraphs (a) and (b) of subdivision two, and 22 paragraphs (a) and (b) of subdivision three of section 130.35 ([rape] 23 sexual battery in the first degree); former subdivisions one and two of 24 section 130.35 [(rape in the first degree)]; subdivisions one and two of 25 the former section 130.50; 130.70 (aggravated sexual abuse in the first 26 degree); 140.30 (burglary in the first degree); subdivision one of 27 section 140.25 (burglary in the second degree); 150.15 (arson in the 28 second degree); 160.15 (robbery in the first degree); subdivision two of 29 section 160.10 (robbery in the second degree) of this chapter; or 30 section 265.03 of this chapter, where such machine gun or such firearm 31 is possessed on school grounds, as that phrase is defined in subdivision 32 fourteen of section 220.00 of this chapter; or defined in this chapter 33 as an attempt to commit murder in the second degree or kidnapping in the 34 first degree, or such conduct as a sexually motivated felony, where 35 authorized pursuant to section 130.91 of this chapter. 36 § 5. Subdivision 2 of section 30.00 of the penal law, as amended by 37 chapter 23 of the laws of 2024, is amended to read as follows: 38 2. A person thirteen, fourteen or, fifteen years of age is criminally 39 responsible for acts constituting murder in the second degree as defined 40 in subdivisions one and two of section 125.25 and in subdivision three 41 of such section provided that the underlying crime for the murder charge 42 is one for which such person is criminally responsible or for such 43 conduct as a sexually motivated felony, where authorized pursuant to 44 section 130.91 of this chapter; and a person fourteen or, fifteen years 45 of age is criminally responsible for acts constituting the crimes 46 defined in section 135.25 (kidnapping in the first degree); 150.20 47 (arson in the first degree); subdivisions one and two of section 120.10 48 (assault in the first degree); 125.20 (manslaughter in the first 49 degree); paragraphs (a) and (b) of subdivision one, paragraphs (a) and 50 (b) of subdivision two and paragraphs (a) and (b) of subdivision three 51 of section 130.35 ([rape] sexual battery in the first degree); former 52 subdivisions one and two of section 130.35 [(rape in the first degree)]; 53 subdivisions one and two of former section 130.50; 130.70 (aggravated 54 sexual abuse in the first degree); 140.30 (burglary in the first 55 degree); subdivision one of section 140.25 (burglary in the second 56 degree); 150.15 (arson in the second degree); 160.15 (robbery in the
A. 6399 4 1 first degree); subdivision two of section 160.10 (robbery in the second 2 degree) of this chapter; or section 265.03 of this chapter, where such 3 machine gun or such firearm is possessed on school grounds, as that 4 phrase is defined in subdivision fourteen of section 220.00 of this 5 chapter; or defined in this chapter as an attempt to commit murder in 6 the second degree or kidnapping in the first degree, or for such conduct 7 as a sexually motivated felony, where authorized pursuant to section 8 130.91 of this chapter. 9 § 6. Paragraph (b) of subdivision 2 of section 35.15 of the penal law, 10 as amended by chapter 23 of the laws of 2024, is amended to read as 11 follows: 12 (b) [He or she] Such person reasonably believes that such other person 13 is committing or attempting to commit a kidnapping, forcible [rape] 14 sexual battery, forcible aggravated sexual abuse, a crime formerly 15 defined in section 130.50 of this chapter by force, or robbery; or 16 § 7. Paragraph (b) of subdivision 4 of section 35.30 of the penal law, 17 as amended by chapter 264 of the laws of 2003, is amended to read as 18 follows: 19 (b) Effect the arrest of a person who has committed murder, 20 manslaughter in the first degree, robbery, forcible [rape] sexual 21 battery or forcible criminal sexual act and who is in immediate flight 22 therefrom. 23 § 8. Paragraphs (a) and (c) of subdivision 1 of section 70.02 of the 24 penal law, as amended by chapter 23 of the laws of 2024, are amended to 25 read as follows: 26 (a) Class B violent felony offenses: an attempt to commit the class 27 A-I felonies of murder in the second degree as defined in section 28 125.25, kidnapping in the first degree as defined in section 135.25, and 29 arson in the first degree as defined in section 150.20; manslaughter in 30 the first degree as defined in section 125.20, aggravated manslaughter 31 in the first degree as defined in section 125.22, [rape] sexual battery 32 in the first degree as defined in section 130.35, a crime formerly 33 defined in section 130.50, aggravated sexual abuse in the first degree 34 as defined in section 130.70, course of sexual conduct against a child 35 in the first degree as defined in section 130.75, assault in the first 36 degree as defined in section 120.10, kidnapping in the second degree as 37 defined in section 135.20, burglary in the first degree as defined in 38 section 140.30, arson in the second degree as defined in section 150.15, 39 robbery in the first degree as defined in section 160.15, sex traffick- 40 ing as defined in paragraphs (a) and (b) of subdivision five of section 41 230.34, sex trafficking of a child as defined in section 230.34-a, 42 incest in the first degree as defined in section 255.27, criminal 43 possession of a weapon in the first degree as defined in section 265.04, 44 criminal use of a firearm in the first degree as defined in section 45 265.09, criminal sale of a firearm in the first degree as defined in 46 section 265.13, aggravated assault upon a police officer or a peace 47 officer as defined in section 120.11, gang assault in the first degree 48 as defined in section 120.07, intimidating a victim or witness in the 49 first degree as defined in section 215.17, hindering prosecution of 50 terrorism in the first degree as defined in section 490.35, criminal 51 possession of a chemical weapon or biological weapon in the second 52 degree as defined in section 490.40, and criminal use of a chemical 53 weapon or biological weapon in the third degree as defined in section 54 490.47. 55 (c) Class D violent felony offenses: an attempt to commit any of the 56 class C felonies set forth in paragraph (b); reckless assault of a child
A. 6399 5 1 as defined in section 120.02, assault in the second degree as defined in 2 section 120.05, menacing a police officer or peace officer as defined in 3 section 120.18, stalking in the first degree, as defined in subdivision 4 one of section 120.60, strangulation in the second degree as defined in 5 section 121.12, [rape] sexual battery in the second degree as defined in 6 section 130.30, a crime formerly defined in section 130.45, sexual abuse 7 in the first degree as defined in section 130.65, course of sexual 8 conduct against a child in the second degree as defined in section 9 130.80, aggravated sexual abuse in the third degree as defined in 10 section 130.66, facilitating a sex offense with a controlled substance 11 as defined in section 130.90, labor trafficking as defined in paragraphs 12 (a) and (b) of subdivision three of section 135.35, criminal possession 13 of a weapon in the third degree as defined in subdivision five, six, 14 seven, eight, nine or ten of section 265.02, criminal sale of a firearm 15 in the third degree as defined in section 265.11, intimidating a victim 16 or witness in the second degree as defined in section 215.16, soliciting 17 or providing support for an act of terrorism in the second degree as 18 defined in section 490.10, and making a terroristic threat as defined in 19 section 490.20, falsely reporting an incident in the first degree as 20 defined in section 240.60, placing a false bomb or hazardous substance 21 in the first degree as defined in section 240.62, placing a false bomb 22 or hazardous substance in a sports stadium or arena, mass transportation 23 facility or enclosed shopping mall as defined in section 240.63, aggra- 24 vated unpermitted use of indoor pyrotechnics in the first degree as 25 defined in section 405.18, and criminal manufacture, sale, or transport 26 of an undetectable firearm, rifle or shotgun as defined in section 27 265.50. 28 § 9. The opening paragraph of subdivision 3 and subdivision 5 of 29 section 125.25 of the penal law, as amended by chapter 23 of the laws of 30 2024, are amended to read as follows: 31 Acting either alone or with one or more other persons, [he] such 32 person commits or attempts to commit robbery, burglary, kidnapping, 33 arson, [rape] sexual battery in the first degree, a crime formerly 34 defined in section 130.50 of this title, the crime of sexual abuse in 35 the first degree, aggravated sexual abuse, escape in the first degree, 36 or escape in the second degree, and, in the course of and in furtherance 37 of such crime or of immediate flight therefrom, [he] such person, or 38 another participant, if there be any, causes the death of a person other 39 than one of the participants; except that in any prosecution under this 40 subdivision, in which the defendant was not the only participant in the 41 underlying crime, it is an affirmative defense that the defendant: 42 5. Being eighteen years old or more, while in the course of committing 43 [rape] sexual battery in the first, second or third degree, a crime 44 formerly defined in section 130.50, 130.45 or 130.40 of this title, the 45 crime of sexual abuse in the first degree, aggravated sexual abuse in 46 the first, second, third or fourth degree, or incest in the first, 47 second or third degree, against a person less than fourteen years old, 48 [he or she] such person intentionally causes the death of such person. 49 § 10. Subparagraph (vii) of paragraph (a) of subdivision 1 of section 50 125.27 of the penal law, as amended by chapter 23 of the laws of 2024, 51 is amended to read as follows: 52 (vii) the victim was killed while the defendant was in the course of 53 committing or attempting to commit and in furtherance of robbery, 54 burglary in the first degree or second degree, kidnapping in the first 55 degree, arson in the first degree or second degree, [rape] sexual 56 battery in the first degree, a crime formerly defined in section 130.50
A. 6399 6 1 of this title, sexual abuse in the first degree, aggravated sexual abuse 2 in the first degree or escape in the first degree, or in the course of 3 and furtherance of immediate flight after committing or attempting to 4 commit any such crime or in the course of and furtherance of immediate 5 flight after attempting to commit the crime of murder in the second 6 degree; provided however, the victim is not a participant in one of the 7 aforementioned crimes and, provided further that, unless the defendant's 8 criminal liability under this subparagraph is based upon the defendant 9 having commanded another person to cause the death of the victim or 10 intended victim pursuant to section 20.00 of this chapter, this subpara- 11 graph shall not apply where the defendant's criminal liability is based 12 upon the conduct of another pursuant to section 20.00 of this chapter; 13 or 14 § 11. Paragraph (d) of subdivision 2 and paragraph (h) of subdivision 15 3 of section 130.05 of the penal law, as amended by chapter 23 of the 16 laws of 2024, are amended to read as follows: 17 (d) Where the offense charged is [rape] sexual battery in the third 18 degree as defined in subdivision seven, eight or nine of section 130.25, 19 or a crime formerly defined in subdivision three of section 130.40, in 20 addition to forcible compulsion, circumstances under which, at the time 21 of the act of vaginal sexual contact, oral sexual contact or anal sexual 22 contact, the victim clearly expressed that [he or she] they did not 23 consent to engage in such act, and a reasonable person in the actor's 24 situation would have understood such person's words and acts as an 25 expression of lack of consent to such act under all the circumstances. 26 (h) a client or patient and the actor is a health care provider or 27 mental health care provider charged with [rape] sexual battery in the 28 third degree as defined in section 130.25, a crime formerly defined in 29 section 130.40, aggravated sexual abuse in the fourth degree as defined 30 in section 130.65-a, or sexual abuse in the third degree as defined in 31 section 130.55, and the act of sexual conduct occurs during a treatment 32 session, consultation, interview, or examination; or 33 § 12. Subdivision 3 of section 130.10 of the penal law, as amended by 34 chapter 23 of the laws of 2024, is amended to read as follows: 35 3. In any prosecution for the crime of [rape] sexual battery in the 36 third degree as defined in section 130.25, a crime formerly defined in 37 section 130.40, aggravated sexual abuse in the fourth degree as defined 38 in section 130.65-a, or sexual abuse in the third degree as defined in 39 section 130.55 in which incapacity to consent is based on the circum- 40 stances set forth in paragraph (h) of subdivision three of section 41 130.05 of this article it shall be an affirmative defense that the 42 client or patient consented to such conduct charged after having been 43 expressly advised by the health care or mental health care provider that 44 such conduct was not performed for a valid medical purpose. 45 § 13. The opening paragraph and subdivision 2 of section 130.95 of the 46 penal law, as amended by chapter 23 of the laws of 2024, are amended to 47 read as follows: 48 A person is guilty of predatory sexual assault when [he or she] such 49 person commits the crime of [rape] sexual battery in the first degree, a 50 crime formerly defined in section 130.50 of this title, the crime of 51 aggravated sexual abuse in the first degree, or course of sexual conduct 52 against a child in the first degree, as defined in this article, and 53 when: 54 2. [He or she] Such person has engaged in conduct constituting the 55 crime of [rape] sexual battery in the first degree, a crime formerly 56 defined in section 130.50 of this title, the crime of aggravated sexual
A. 6399 7 1 abuse in the first degree, or course of sexual conduct against a child 2 in the first degree, as defined in this article, against one or more 3 additional persons; or 4 § 14. Section 130.96 of the penal law, as added by chapter 107 of the 5 laws of 2006, the opening paragraph as amended by chapter 23 of the laws 6 of 2024, is amended to read as follows: 7 § 130.96 Predatory sexual assault against a child. 8 A person is guilty of predatory sexual assault against a child when, 9 being eighteen years old or more, [he or she] such person commits the 10 crime of [rape] sexual battery in the first degree, a crime formerly 11 defined in section 130.50 of this title, the crime of aggravated sexual 12 abuse in the first degree, or course of sexual conduct against a child 13 in the first degree, as defined in this article, and the victim is less 14 than thirteen years old. 15 Predatory sexual assault against a child is a class A-II felony. 16 § 15. Subdivision 2 of section 240.75 of the penal law, as amended by 17 chapter 23 of the laws of 2024, is amended to read as follows: 18 2. A "specified offense" is an offense defined in section 120.00 19 (assault in the third degree); section 120.05 (assault in the second 20 degree); section 120.10 (assault in the first degree); section 120.13 21 (menacing in the first degree); section 120.14 (menacing in the second 22 degree); section 120.15 (menacing in the third degree); section 120.20 23 (reckless endangerment in the second degree); section 120.25 (reckless 24 endangerment in the first degree); section 120.45 (stalking in the 25 fourth degree); section 120.50 (stalking in the third degree); section 26 120.55 (stalking in the second degree); section 120.60 (stalking in the 27 first degree); section 121.11 (criminal obstruction of breathing or 28 blood circulation); section 121.12 (strangulation in the second degree); 29 section 121.13 (strangulation in the first degree); subdivision one of 30 section 125.15 (manslaughter in the second degree); subdivision one, two 31 or four of section 125.20 (manslaughter in the first degree); section 32 125.25 (murder in the second degree); section 130.20 (sexual miscon- 33 duct); section 130.25 ([rape] sexual battery in the third degree); 34 section 130.30 ([rape] sexual battery in the second degree); section 35 130.35 ([rape] sexual battery in the first degree); formerly defined in 36 section 130.40; formerly defined in section 130.45; formerly defined in 37 section 130.50; defined in section 130.52 (forcible touching); section 38 130.53 (persistent sexual abuse); section 130.55 (sexual abuse in the 39 third degree); section 130.60 (sexual abuse in the second degree); 40 section 130.65 (sexual abuse in the first degree); section 130.66 41 (aggravated sexual abuse in the third degree); section 130.67 (aggra- 42 vated sexual abuse in the second degree); section 130.70 (aggravated 43 sexual abuse in the first degree); section 130.91 (sexually motivated 44 felony); section 130.95 (predatory sexual assault); section 130.96 45 (predatory sexual assault against a child); section 135.05 (unlawful 46 imprisonment in the second degree); section 135.10 (unlawful imprison- 47 ment in the first degree); section 135.60 (coercion in the third 48 degree); section 135.61 (coercion in the second degree); section 135.65 49 (coercion in the first degree); section 140.20 (burglary in the third 50 degree); section 140.25 (burglary in the second degree); section 140.30 51 (burglary in the first degree); section 145.00 (criminal mischief in the 52 fourth degree); section 145.05 (criminal mischief in the third degree); 53 section 145.10 (criminal mischief in the second degree); section 145.12 54 (criminal mischief in the first degree); section 145.14 (criminal 55 tampering in the third degree); section 215.50 (criminal contempt in the 56 second degree); section 215.51 (criminal contempt in the first degree);
A. 6399 8 1 section 215.52 (aggravated criminal contempt); section 240.25 (harass- 2 ment in the first degree); subdivision one, two or four of section 3 240.30 (aggravated harassment in the second degree); aggravated family 4 offense as defined in this section or any attempt or conspiracy to 5 commit any of the foregoing offenses where the defendant and the person 6 against whom the offense was committed were members of the same family 7 or household as defined in subdivision one of section 530.11 of the 8 criminal procedure law. 9 § 16. Section 255.26 of the penal law, as amended by chapter 23 of the 10 laws of 2024, is amended to read as follows: 11 § 255.26 Incest in the second degree. 12 A person is guilty of incest in the second degree when [he or she] 13 such person commits the crime of [rape] sexual battery in the second 14 degree, as defined in section 130.30 of this part, or a crime formerly 15 defined in section 130.45 of this part, against a person whom [he or 16 she] such person knows to be related to [him or her] such person, wheth- 17 er through marriage or not, as an ancestor, descendant, [brother or 18 sister] or sibling of either the whole or the half blood, [uncle, aunt, 19 nephew or niece] sibling of a parent or child of a sibling. 20 Incest in the second degree is a class D felony. 21 § 17. Section 255.27 of the penal law, as amended by chapter 23 of the 22 laws of 2024, is amended to read as follows: 23 § 255.27 Incest in the first degree. 24 A person is guilty of incest in the first degree when [he or she] such 25 person commits the crime of [rape] sexual battery in the first degree, 26 as defined in paragraph (c) or (d) of subdivision one, paragraph (c) or 27 (d) of subdivision two or paragraph (c) or (d) of subdivision three of 28 section 130.35 of this part, [rape in the first degree as] a crime 29 defined in former subdivision three or four of section 130.35 of this 30 part, or a crime formerly defined in subdivision three or four of 31 section 130.50 of this part, against a person whom [he or she] such 32 person knows to be related to [him or her] such person, whether through 33 marriage or not, as an ancestor, descendant, [brother or sister] or 34 sibling of either the whole or half blood, [uncle, aunt, nephew or 35 niece] sibling of a parent or child of sibling. 36 Incest in the first degree is a class B felony. 37 § 18. Paragraph (a) of subdivision 1 of section 460.10 of the penal 38 law, as amended by chapter 134 of the laws of 2019, is amended to read 39 as follows: 40 (a) Any of the felonies set forth in this chapter: sections 120.05, 41 120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat- 42 ing to strangulation; sections 125.10 to 125.27 relating to homicide; 43 sections 130.25, 130.30 and 130.35 relating to [rape] sexual battery; 44 sections 135.20 and 135.25 relating to kidnapping; sections 135.35 and 45 135.37 relating to labor trafficking; section 135.65 relating to coer- 46 cion; sections 140.20, 140.25 and 140.30 relating to burglary; sections 47 145.05, 145.10 and 145.12 relating to criminal mischief; article one 48 hundred fifty relating to arson; sections 155.30, 155.35, 155.40 and 49 155.42 relating to grand larceny; sections 177.10, 177.15, 177.20 and 50 177.25 relating to health care fraud; article one hundred sixty relating 51 to robbery; sections 165.45, 165.50, 165.52 and 165.54 relating to crim- 52 inal possession of stolen property; sections 165.72 and 165.73 relating 53 to trademark counterfeiting; sections 170.10, 170.15, 170.25, 170.30, 54 170.40, 170.65 and 170.70 relating to forgery; sections 175.10, 175.25, 55 175.35, 175.40 and 210.40 relating to false statements; sections 176.15, 56 176.20, 176.25 and 176.30 relating to insurance fraud; sections 178.20
A. 6399 9 1 and 178.25 relating to criminal diversion of prescription medications 2 and prescriptions; sections 180.03, 180.08, 180.15, 180.25, 180.40, 3 180.45, 200.00, 200.03, 200.04, 200.10, 200.11, 200.12, 200.20, 200.22, 4 200.25, 200.27, 200.56, 215.00, 215.05 and 215.19 relating to bribery; 5 sections 187.10, 187.15, 187.20 and 187.25 relating to residential mort- 6 gage fraud, sections 190.40 and 190.42 relating to criminal usury; 7 section 190.65 relating to schemes to defraud; any felony defined in 8 article four hundred ninety-six; sections 205.60 and 205.65 relating to 9 hindering prosecution; sections 210.10, 210.15, and 215.51 relating to 10 perjury and contempt; section 215.40 relating to tampering with physical 11 evidence; sections 220.06, 220.09, 220.16, 220.18, 220.21, 220.31, 12 220.34, 220.39, 220.41, 220.43, 220.46, 220.55, 220.60, 220.65 and 13 220.77 relating to controlled substances; sections 225.10 and 225.20 14 relating to gambling; sections 230.25, 230.30, and 230.32 relating to 15 promoting prostitution; section 230.34 relating to sex trafficking; 16 section 230.34-a relating to sex trafficking of a child; sections 17 235.06, 235.07, 235.21 and 235.22 relating to obscenity; sections 263.10 18 and 263.15 relating to promoting a sexual performance by a child; 19 sections 265.02, 265.03, 265.04, 265.11, 265.12, 265.13 and the 20 provisions of section 265.10 which constitute a felony relating to 21 firearms and other dangerous weapons; sections 265.14 and 265.16 relat- 22 ing to criminal sale of a firearm; section 265.50 relating to the crimi- 23 nal manufacture, sale or transport of an undetectable firearm, rifle or 24 shotgun; section 275.10, 275.20, 275.30, or 275.40 relating to unauthor- 25 ized recordings; and sections 470.05, 470.10, 470.15 and 470.20 relating 26 to money laundering; or 27 § 19. Subdivision 3 of section 485.05 of the penal law, as amended by 28 section 2 of part C of chapter 55 of the laws of 2024, is amended to 29 read as follows: 30 3. A "specified offense" is an offense defined by any of the following 31 provisions of this chapter: section 120.00 (assault in the third 32 degree); section 120.05 (assault in the second degree); section 120.06 33 (gang assault in the second degree); section 120.07 (gang assault in the 34 first degree); section 120.10 (assault in the first degree); section 35 120.12 (aggravated assault upon a person less than eleven years old); 36 section 120.13 (menacing in the first degree); section 120.14 (menacing 37 in the second degree); section 120.15 (menacing in the third degree); 38 section 120.20 (reckless endangerment in the second degree); section 39 120.25 (reckless endangerment in the first degree); section 121.11 40 (criminal obstruction of breathing or blood circulation); section 121.12 41 (strangulation in the second degree); section 121.13 (strangulation in 42 the first degree); subdivision one of section 125.15 (manslaughter in 43 the second degree); subdivision one, two or four of section 125.20 44 (manslaughter in the first degree); section 125.25 (murder in the second 45 degree); section 125.26 (aggravated murder); section 125.27 (murder in 46 the first degree); section 120.45 (stalking in the fourth degree); 47 section 120.50 (stalking in the third degree); section 120.55 (stalking 48 in the second degree); section 120.60 (stalking in the first degree); 49 section 130.20 (sexual misconduct); section 130.25 ([rape] sexual 50 battery in the third degree); section 130.30 ([rape] sexual battery in 51 the second degree); section 130.35 ([rape] sexual battery in the first 52 degree); former section 130.40; former section 130.45; former section 53 130.50; section 130.52 (forcible touching); section 130.53 (persistent 54 sexual abuse); section 130.55 (sexual abuse in the third degree); 55 section 130.60 (sexual abuse in the second degree); section 130.65 56 (sexual abuse in the first degree); section 130.65-a (aggravated sexual
A. 6399 10 1 abuse in the fourth degree); section 130.66 (aggravated sexual abuse in 2 the third degree); section 130.67 (aggravated sexual abuse in the second 3 degree); section 130.70 (aggravated sexual abuse in the first degree); 4 section 135.05 (unlawful imprisonment in the second degree); section 5 135.10 (unlawful imprisonment in the first degree); section 135.20 6 (kidnapping in the second degree); section 135.25 (kidnapping in the 7 first degree); section 135.60 (coercion in the third degree); section 8 135.61 (coercion in the second degree); section 135.65 (coercion in the 9 first degree); section 140.10 (criminal trespass in the third degree); 10 section 140.15 (criminal trespass in the second degree); section 140.17 11 (criminal trespass in the first degree); section 140.20 (burglary in the 12 third degree); section 140.25 (burglary in the second degree); section 13 140.30 (burglary in the first degree); section 145.00 (criminal mischief 14 in the fourth degree); section 145.05 (criminal mischief in the third 15 degree); section 145.10 (criminal mischief in the second degree); 16 section 145.12 (criminal mischief in the first degree); section 150.05 17 (arson in the fourth degree); section 150.10 (arson in the third 18 degree); section 150.15 (arson in the second degree); section 150.20 19 (arson in the first degree); section 155.25 (petit larceny); section 20 155.30 (grand larceny in the fourth degree); section 155.35 (grand 21 larceny in the third degree); section 155.40 (grand larceny in the 22 second degree); section 155.42 (grand larceny in the first degree); 23 section 160.05 (robbery in the third degree); section 160.10 (robbery in 24 the second degree); section 160.15 (robbery in the first degree); 25 section 230.34 (sex trafficking); section 230.34-a (sex trafficking of a 26 child); section 240.25 (harassment in the first degree); subdivision 27 one, two or four of section 240.30 (aggravated harassment in the second 28 degree); section 240.50 (falsely reporting an incident in the third 29 degree); section 240.55 (falsely reporting an incident in the second 30 degree); section 240.60 (falsely reporting an incident in the first 31 degree); subdivision one of section 265.03 (criminal possession of a 32 weapon in the second degree); subdivision one of section 265.04 (crimi- 33 nal possession of a weapon in the first degree); section 490.10 (solic- 34 iting or providing support for an act of terrorism in the second 35 degree); section 490.15 (soliciting or providing support for an act of 36 terrorism in the first degree); section 490.20 (making a terroristic 37 threat); section 490.25 (crime of terrorism); section 490.30 (hindering 38 prosecution of terrorism in the second degree); section 490.35 (hinder- 39 ing prosecution of terrorism in the first degree); section 490.37 (crim- 40 inal possession of a chemical weapon or biological weapon in the third 41 degree); section 490.40 (criminal possession of a chemical weapon or 42 biological weapon in the second degree); section 490.45 (criminal 43 possession of a chemical weapon or biological weapon in the first 44 degree); section 490.47 (criminal use of a chemical weapon or biological 45 weapon in the third degree); section 490.50 (criminal use of a chemical 46 weapon or biological weapon in the second degree); section 490.55 (crim- 47 inal use of a chemical weapon or biological weapon in the first degree); 48 or any attempt or conspiracy to commit any of the foregoing offenses. 49 § 20. Subdivision 11 of section 123 of the agriculture and markets 50 law, as amended by chapter 23 of the laws of 2024, is amended to read as 51 follows: 52 11. The owner shall not be liable pursuant to subdivision six, seven, 53 eight, nine or ten of this section if the dog was coming to the aid or 54 defense of a person during the commission or attempted commission of a 55 murder, robbery, burglary, arson, [rape] sexual battery in the first 56 degree as defined in paragraph (a) or (b) of subdivision one, paragraph
A. 6399 11 1 (a) or (b) of subdivision two or paragraph (a) or (b) of subdivision 2 three of section 130.35 of the penal law, [rape in the first degree as] 3 a crime defined in the former subdivision one of section 130.35 of the 4 penal law, a crime formerly defined in subdivision one or two of section 5 130.50 of the penal law or kidnapping within the dwelling or upon the 6 real property of the owner of the dog and the dog injured or killed the 7 person committing such criminal activity. 8 § 21. Subdivision 42 of section 1.20 of the criminal procedure law, as 9 amended by chapter 23 of the laws of 2024, is amended to read as 10 follows: 11 42. "Juvenile offender" means (1) a person, thirteen years old who is 12 criminally responsible for acts constituting murder in the second degree 13 as defined in subdivisions one and two of section 125.25 of the penal 14 law, or such conduct as a sexually motivated felony, where authorized 15 pursuant to section 130.91 of the penal law; and (2) a person fourteen 16 or fifteen years old who is criminally responsible for acts constituting 17 the crimes defined in subdivisions one and two of section 125.25 (murder 18 in the second degree) and in subdivision three of such section provided 19 that the underlying crime for the murder charge is one for which such 20 person is criminally responsible; section 135.25 (kidnapping in the 21 first degree); 150.20 (arson in the first degree); subdivisions one and 22 two of section 120.10 (assault in the first degree); 125.20 (manslaught- 23 er in the first degree); paragraphs (a) and (b) of subdivision one, 24 paragraphs (a) and (b) of subdivision two and paragraphs (a) and (b) of 25 subdivision three of section 130.35 ([rape] sexual battery in the first 26 degree); former subdivisions one and two of section 130.35 [(rape in the 27 first degree)]; subdivisions one and two of former section 130.50; 28 130.70 (aggravated sexual abuse in the first degree); 140.30 (burglary 29 in the first degree); subdivision one of section 140.25 (burglary in the 30 second degree); 150.15 (arson in the second degree); 160.15 (robbery in 31 the first degree); subdivision two of section 160.10 (robbery in the 32 second degree) of the penal law; or section 265.03 of the penal law, 33 where such machine gun or such firearm is possessed on school grounds, 34 as that phrase is defined in subdivision fourteen of section 220.00 of 35 the penal law; or defined in the penal law as an attempt to commit 36 murder in the second degree or kidnapping in the first degree, or such 37 conduct as a sexually motivated felony, where authorized pursuant to 38 section 130.91 of the penal law. 39 § 22. Paragraphs (a), (a-1) and (a-2) of subdivision 2 of section 40 30.10 of the criminal procedure law, paragraph (a) as amended and para- 41 graphs (a-1) and (a-2) as added by chapter 315 of the laws of 2019, are 42 amended to read as follows: 43 (a) A prosecution for a class A felony, or [rape] sexual battery in 44 the first degree as defined in section 130.35 of the penal law, or a 45 crime defined or formerly defined in section 130.50 of the penal law, or 46 aggravated sexual abuse in the first degree as defined in section 130.70 47 of the penal law, or course of sexual conduct against a child in the 48 first degree as defined in section 130.75 of the penal law, or incest in 49 the first degree as defined in section 255.27 of the penal law may be 50 commenced at any time; 51 (a-1) A prosecution for [rape] sexual battery in the second degree as 52 defined in subdivision two of section 130.30 of the penal law, or crimi- 53 nal sexual act in the second degree as defined in subdivision two of 54 section 130.45 of the penal law, or incest in the second degree as 55 defined in section 255.26 of the penal law (where the crime committed is 56 [rape] sexual battery in the second degree as defined in subdivision two
A. 6399 12 1 of section 130.30 of the penal law or criminal sexual act in the second 2 degree as defined in subdivision two of section 130.45) must be 3 commenced within twenty years after the commission thereof or within ten 4 years from when the offense is first reported to law enforcement, which- 5 ever occurs earlier; 6 (a-2) A prosecution for [rape] sexual battery in the third degree as 7 defined in subdivision one or three of section 130.25 of the penal law, 8 or criminal sexual act in the third degree as defined in subdivision one 9 or three of section 130.40 of the penal law must be commenced within ten 10 years after the commission thereof; 11 § 23. The section heading of section 60.76 of the criminal procedure 12 law, as added by chapter 432 of the laws of 1993, is amended to read as 13 follows: 14 Rules of evidence; [rape] sexual battery crisis counselor evidence in 15 certain cases. 16 § 24. Paragraph (h) of subdivision 3 of section 190.25 of the criminal 17 procedure law, as amended by chapter 347 of the laws of 2014, is amended 18 to read as follows: 19 (h) A social worker, [rape] sexual battery crisis counselor, psychol- 20 ogist or other professional providing emotional support to a child 21 witness twelve years old or younger, or a social worker or informal 22 caregiver, as provided in subdivision two of section two hundred six of 23 the elder law, for a vulnerable elderly person as provided in subdivi- 24 sion three of section 260.31 of the penal law, who is called to give 25 evidence in a grand jury proceeding concerning a crime defined in arti- 26 cle one hundred twenty-one, article one hundred thirty, article two 27 hundred sixty, section 120.10, 125.10, 125.15, 125.20, 125.25, 125.26, 28 125.27, 255.25, 255.26 or 255.27 of the penal law provided that the 29 district attorney consents. Such support person shall not provide the 30 witness with an answer to any question or otherwise participate in such 31 proceeding and shall first take an oath before the grand jury that [he 32 or she] such support person will keep secret all matters before such 33 grand jury within [his or her] such support person's knowledge. 34 § 25. Paragraph (c) of subdivision 5 of section 190.32 of the criminal 35 procedure law, as amended by chapter 91 of the laws of 1995, is amended 36 to read as follows: 37 (c) A social worker, [rape] sexual battery crisis counselor, psychol- 38 ogist or other professional providing emotional support to a child 39 witness or to a special witness, as defined in subparagraph (ii) of 40 paragraph (b) of subdivision one of this section, or any of those 41 persons enumerated in paragraphs (a), (b), (c), (d), (e), (f) and (g) of 42 subdivision three of section 190.25 may be present during the videotap- 43 ing except that a doctor, nurse or other medical assistant also may be 44 present if required by the attendant circumstances. Each person present, 45 except the witness, must, if [he] such witness has not previously taken 46 a constitutional oath of office or an oath that [he] such witness will 47 keep secret all matters before a grand jury, must take an oath on the 48 record that [he] such witness will keep secret the videotaped examina- 49 tion. 50 § 26. Subdivision (a) of section 190.71 of the criminal procedure law, 51 as amended by chapter 23 of the laws of 2024, is amended to read as 52 follows: 53 (a) Except as provided in subdivision six of section 200.20 of this 54 [chapter] title, a grand jury may not indict (i) a person thirteen years 55 of age for any conduct or crime other than conduct constituting a crime 56 defined in subdivisions one and two of section 125.25 (murder in the
A. 6399 13 1 second degree) or such conduct as a sexually motivated felony, where 2 authorized pursuant to section 130.91 of the penal law; (ii) a person 3 fourteen or fifteen years of age for any conduct or crime other than 4 conduct constituting a crime defined in subdivisions one and two of 5 section 125.25 (murder in the second degree) and in subdivision three of 6 such section provided that the underlying crime for the murder charge is 7 one for which such person is criminally responsible; 135.25 (kidnapping 8 in the first degree); 150.20 (arson in the first degree); subdivisions 9 one and two of section 120.10 (assault in the first degree); 125.20 10 (manslaughter in the first degree); paragraphs (a) and (b) of subdivi- 11 sion one, paragraphs (a) and (b) of subdivision two and paragraphs (a) 12 and (b) of subdivision three of section 130.35 [(rape in the first 13 degree)]; former subdivisions one and two of section 130.35 [(rape in 14 the first degree)]; subdivisions one and two of former section 130.50; 15 130.70 (aggravated sexual abuse in the first degree); 140.30 (burglary 16 in the first degree); subdivision one of section 140.25 (burglary in the 17 second degree); 150.15 (arson in the second degree); 160.15 (robbery in 18 the first degree); subdivision two of section 160.10 (robbery in the 19 second degree) of the penal law; or section 265.03 of the penal law, 20 where such machine gun or such firearm is possessed on school grounds, 21 as that phrase is defined in subdivision fourteen of section 220.00 of 22 the penal law; or defined in the penal law as an attempt to commit 23 murder in the second degree or kidnapping in the first degree, or such 24 conduct as a sexually motivated felony, where authorized pursuant to 25 section 130.91 of the penal law. 26 § 27. Subparagraph (iii) of paragraph (g) of subdivision 5 of section 27 220.10 of the criminal procedure law, as amended by chapter 23 of the 28 laws of 2024, is amended to read as follows: 29 (iii) Where the indictment does not charge a crime specified in 30 subparagraph (i) of this paragraph, the district attorney may recommend 31 removal of the action to the family court. Upon making such recommenda- 32 tion the district attorney shall submit a subscribed memorandum setting 33 forth: (1) a recommendation that the interests of justice would best be 34 served by removal of the action to the family court; and (2) if the 35 indictment charges a thirteen year old with the crime of murder in the 36 second degree, or a fourteen or fifteen year old with the crimes of 37 [rape] sexual battery in the first degree as defined in paragraph (a) of 38 subdivision one, paragraph (a) of subdivision two and paragraph (a) of 39 subdivision three of section 130.35 of the penal law, [rape in the first 40 degree as] a crime formerly defined in subdivision one of section 130.35 41 of the penal law, a crime formerly defined in subdivision one of section 42 130.50 of the penal law, or an armed felony as defined in paragraph (a) 43 of subdivision forty-one of section 1.20 of this chapter specific 44 factors, one or more of which reasonably supports the recommendation, 45 showing, (i) mitigating circumstances that bear directly upon the manner 46 in which the crime was committed, or (ii) where the defendant was not 47 the sole participant in the crime, that the defendant's participation 48 was relatively minor although not so minor as to constitute a defense to 49 the prosecution, or (iii) possible deficiencies in proof of the crime, 50 or (iv) where the juvenile offender has no previous adjudications of 51 having committed a designated felony act, as defined in subdivision 52 eight of section 301.2 of the family court act, regardless of the age of 53 the offender at the time of commission of the act, that the criminal act 54 was not part of a pattern of criminal behavior and, in view of the 55 history of the offender, is not likely to be repeated.
A. 6399 14 1 § 28. Subdivision 6 of section 300.50 of the criminal procedure law, 2 as amended by chapter 23 of the laws of 2024, is amended to read as 3 follows: 4 6. For purposes of this section, the offenses of [rape in the third 5 degree as] a crime defined in the former subdivision three or subdivi- 6 sions seven, eight and nine of section 130.25 of the penal law and a 7 crime formerly defined in subdivision three of section 130.40 of the 8 penal law, are not lesser included offenses of [rape] sexual battery in 9 the first degree, a crime formerly defined in section 130.50 of the 10 penal law, or any other offense. Notwithstanding the foregoing, any 11 such offense may be submitted as a lesser included offense of the appli- 12 cable first degree offense when (i) there is a reasonable view of the 13 evidence which would support a finding that the defendant committed such 14 lesser offense but did not commit the greater offense, and (ii) both 15 parties consent to its submission. 16 § 29. Paragraph (c) of subdivision 2 of section 440.47 of the criminal 17 procedure law, as added by chapter 31 of the laws of 2019, is amended to 18 read as follows: 19 (c) An application for resentencing pursuant to this section must 20 include at least two pieces of evidence corroborating the applicant's 21 claim that [he or she] such applicant was, at the time of the offense, a 22 victim of domestic violence subjected to substantial physical, sexual or 23 psychological abuse inflicted by a member of the same family or house- 24 hold as the applicant as such term is defined in subdivision one of 25 section 530.11 of this chapter. 26 At least one piece of evidence must be either a court record, pre-sen- 27 tence report, social services record, hospital record, sworn statement 28 from a witness to the domestic violence, law enforcement record, domes- 29 tic incident report, or order of protection. Other evidence may include, 30 but shall not be limited to, local and state department of corrections 31 and community supervision records, a showing based in part on documenta- 32 tion prepared at or near the time of the commission of the offense or 33 the prosecution thereof tending to support the person's claim, or when 34 there is verification of consultation with a licensed medical or mental 35 health care provider, employee of a court acting within the scope of 36 [his or her] their employment, member of the clergy, attorney, social 37 worker, or [rape] sexual battery crisis counselor as defined in section 38 forty-five hundred ten of the civil practice law and rules, or other 39 advocate acting on behalf of an agency that assists victims of domestic 40 violence for the purpose of assisting such person with domestic violence 41 victim counseling or support. 42 § 30. Paragraph (b) of subdivision 8 of section 700.05 of the criminal 43 procedure law, as amended by chapter 23 of the laws of 2024, is amended 44 to read as follows: 45 (b) Any of the following felonies: assault in the second degree as 46 defined in section 120.05 of the penal law, assault in the first degree 47 as defined in section 120.10 of the penal law, reckless endangerment in 48 the first degree as defined in section 120.25 of the penal law, promot- 49 ing a suicide attempt as defined in section 120.30 of the penal law, 50 strangulation in the second degree as defined in section 121.12 of the 51 penal law, strangulation in the first degree as defined in section 52 121.13 of the penal law, criminally negligent homicide as defined in 53 section 125.10 of the penal law, manslaughter in the second degree as 54 defined in section 125.15 of the penal law, manslaughter in the first 55 degree as defined in section 125.20 of the penal law, murder in the 56 second degree as defined in section 125.25 of the penal law, murder in
A. 6399 15 1 the first degree as defined in section 125.27 of the penal law, [rape] 2 sexual battery in the third degree as defined in section 130.25 of the 3 penal law, [rape] sexual battery in the second degree as defined in 4 section 130.30 of the penal law, [rape] sexual battery in the first 5 degree as defined in section 130.35 of the penal law, a crime formerly 6 defined in section 130.40 of the penal law, a crime formerly defined in 7 section 130.45 of the penal law, a crime formerly defined in section 8 130.50 of the penal law, sexual abuse in the first degree as defined in 9 section 130.65 of the penal law, unlawful imprisonment in the first 10 degree as defined in section 135.10 of the penal law, kidnapping in the 11 second degree as defined in section 135.20 of the penal law, kidnapping 12 in the first degree as defined in section 135.25 of the penal law, labor 13 trafficking as defined in section 135.35 of the penal law, aggravated 14 labor trafficking as defined in section 135.37 of the penal law, custo- 15 dial interference in the first degree as defined in section 135.50 of 16 the penal law, coercion in the first degree as defined in section 135.65 17 of the penal law, criminal trespass in the first degree as defined in 18 section 140.17 of the penal law, burglary in the third degree as defined 19 in section 140.20 of the penal law, burglary in the second degree as 20 defined in section 140.25 of the penal law, burglary in the first degree 21 as defined in section 140.30 of the penal law, criminal mischief in the 22 third degree as defined in section 145.05 of the penal law, criminal 23 mischief in the second degree as defined in section 145.10 of the penal 24 law, criminal mischief in the first degree as defined in section 145.12 25 of the penal law, criminal tampering in the first degree as defined in 26 section 145.20 of the penal law, arson in the fourth degree as defined 27 in section 150.05 of the penal law, arson in the third degree as defined 28 in section 150.10 of the penal law, arson in the second degree as 29 defined in section 150.15 of the penal law, arson in the first degree as 30 defined in section 150.20 of the penal law, grand larceny in the fourth 31 degree as defined in section 155.30 of the penal law, grand larceny in 32 the third degree as defined in section 155.35 of the penal law, grand 33 larceny in the second degree as defined in section 155.40 of the penal 34 law, grand larceny in the first degree as defined in section 155.42 of 35 the penal law, health care fraud in the fourth degree as defined in 36 section 177.10 of the penal law, health care fraud in the third degree 37 as defined in section 177.15 of the penal law, health care fraud in the 38 second degree as defined in section 177.20 of the penal law, health care 39 fraud in the first degree as defined in section 177.25 of the penal law, 40 robbery in the third degree as defined in section 160.05 of the penal 41 law, robbery in the second degree as defined in section 160.10 of the 42 penal law, robbery in the first degree as defined in section 160.15 of 43 the penal law, unlawful use of secret scientific material as defined in 44 section 165.07 of the penal law, criminal possession of stolen property 45 in the fourth degree as defined in section 165.45 of the penal law, 46 criminal possession of stolen property in the third degree as defined in 47 section 165.50 of the penal law, criminal possession of stolen property 48 in the second degree as defined by section 165.52 of the penal law, 49 criminal possession of stolen property in the first degree as defined by 50 section 165.54 of the penal law, trademark counterfeiting in the second 51 degree as defined in section 165.72 of the penal law, trademark counter- 52 feiting in the first degree as defined in section 165.73 of the penal 53 law, forgery in the second degree as defined in section 170.10 of the 54 penal law, forgery in the first degree as defined in section 170.15 of 55 the penal law, criminal possession of a forged instrument in the second 56 degree as defined in section 170.25 of the penal law, criminal
A. 6399 16 1 possession of a forged instrument in the first degree as defined in 2 section 170.30 of the penal law, criminal possession of forgery devices 3 as defined in section 170.40 of the penal law, falsifying business 4 records in the first degree as defined in section 175.10 of the penal 5 law, tampering with public records in the first degree as defined in 6 section 175.25 of the penal law, offering a false instrument for filing 7 in the first degree as defined in section 175.35 of the penal law, issu- 8 ing a false certificate as defined in section 175.40 of the penal law, 9 criminal diversion of prescription medications and prescriptions in the 10 second degree as defined in section 178.20 of the penal law, criminal 11 diversion of prescription medications and prescriptions in the first 12 degree as defined in section 178.25 of the penal law, residential mort- 13 gage fraud in the fourth degree as defined in section 187.10 of the 14 penal law, residential mortgage fraud in the third degree as defined in 15 section 187.15 of the penal law, residential mortgage fraud in the 16 second degree as defined in section 187.20 of the penal law, residential 17 mortgage fraud in the first degree as defined in section 187.25 of the 18 penal law, escape in the second degree as defined in section 205.10 of 19 the penal law, escape in the first degree as defined in section 205.15 20 of the penal law, absconding from temporary release in the first degree 21 as defined in section 205.17 of the penal law, promoting prison contra- 22 band in the first degree as defined in section 205.25 of the penal law, 23 hindering prosecution in the second degree as defined in section 205.60 24 of the penal law, hindering prosecution in the first degree as defined 25 in section 205.65 of the penal law, sex trafficking as defined in 26 section 230.34 of the penal law, sex trafficking of a child as defined 27 in section 230.34-a of the penal law, criminal possession of a weapon in 28 the third degree as defined in subdivisions two, three and five of 29 section 265.02 of the penal law, criminal possession of a weapon in the 30 second degree as defined in section 265.03 of the penal law, criminal 31 possession of a weapon in the first degree as defined in section 265.04 32 of the penal law, manufacture, transport, disposition and defacement of 33 weapons and dangerous instruments and appliances defined as felonies in 34 subdivisions one, two, and three of section 265.10 of the penal law, 35 sections 265.11, 265.12 and 265.13 of the penal law, or prohibited use 36 of weapons as defined in subdivision two of section 265.35 of the penal 37 law, relating to firearms and other dangerous weapons, criminal manufac- 38 ture, sale or transport of an undetectable firearm, rifle or shotgun as 39 defined in section 265.50 of the penal law, or failure to disclose the 40 origin of a recording in the first degree as defined in section 275.40 41 of the penal law; 42 § 31. Paragraph (a) of subdivision 2 and subdivision 3 of section 43 720.10 of the criminal procedure law, paragraph (a) of subdivision 2 as 44 amended by chapter 23 of the laws of 2024 and subdivision 3 as amended 45 by chapter 264 of the laws of 2003, are amended to read as follows: 46 (a) the conviction to be replaced by a youthful offender finding is 47 for (i) a class A-I or class A-II felony, or (ii) an armed felony as 48 defined in subdivision forty-one of section 1.20, except as provided in 49 subdivision three, or (iii) [rape] sexual battery in the first degree, a 50 crime formerly defined in section 130.50 of the penal law, or the crime 51 of aggravated sexual abuse, except as provided in subdivision three, or 52 3. Notwithstanding the provisions of subdivision two, a youth who has 53 been convicted of an armed felony offense or of [rape] sexual battery in 54 the first degree, criminal sexual act in the first degree, or aggravated 55 sexual abuse is an eligible youth if the court determines that one or 56 more of the following factors exist: (i) mitigating circumstances that
A. 6399 17 1 bear directly upon the manner in which the crime was committed; or (ii) 2 where the defendant was not the sole participant in the crime, the 3 defendant's participation was relatively minor although not so minor as 4 to constitute a defense to the prosecution. Where the court determines 5 that the eligible youth is a youthful offender, the court shall make a 6 statement on the record of the reasons for its determination, a tran- 7 script of which shall be forwarded to the state division of criminal 8 justice services, to be kept in accordance with the provisions of subdi- 9 vision three of section eight hundred thirty-seven-a of the executive 10 law. 11 § 32. Subdivision 4 of section 722.20 of the criminal procedure law, 12 as amended by chapter 23 of the laws of 2024, is amended to read as 13 follows: 14 4. Notwithstanding the provisions of subdivisions two and three of 15 this section, the court shall, at the request of the district attorney, 16 order removal of an action against a juvenile offender to the family 17 court pursuant to the provisions of article seven hundred twenty-five of 18 this title if, upon consideration of the criteria specified in subdivi- 19 sion two of section 722.22 of this article, it is determined that to do 20 so would be in the interests of justice. Where, however, the felony 21 complaint charges the juvenile offender with murder in the second degree 22 as defined in section 125.25 of the penal law, [rape] sexual battery in 23 the first degree as defined in paragraph (a) of subdivision one, para- 24 graph (a) of subdivision two and paragraph (a) of subdivision three of 25 section 130.35 of the penal law, [rape in the first degree as] a crime 26 formerly defined in subdivision one of section 130.35 of the penal law; 27 a crime formerly defined in subdivision one of section 130.50 of the 28 penal law, or an armed felony as defined in paragraph (a) of subdivision 29 forty-one of section 1.20 of this chapter, a determination that such 30 action be removed to the family court shall, in addition, be based upon 31 a finding of one or more of the following factors: (i) mitigating 32 circumstances that bear directly upon the manner in which the crime was 33 committed; or (ii) where the defendant was not the sole participant in 34 the crime, the defendant's participation was relatively minor although 35 not so minor as to constitute a defense to the prosecution; or (iii) 36 possible deficiencies in proof of the crime. 37 § 33. Subdivision 5 of section 722.21 of the criminal procedure law, 38 as amended by chapter 23 of the laws of 2024, is amended to read as 39 follows: 40 5. Notwithstanding subdivisions two and three of this section, at the 41 request of the district attorney, the court shall order removal of an 42 action against an adolescent offender charged with an offense listed in 43 paragraph (a) of subdivision two of section 722.23 of this article, to 44 the family court pursuant to the provisions of article seven hundred 45 twenty-five of this title and upon consideration of the criteria speci- 46 fied in subdivision two of section 722.22 of this article, it is deter- 47 mined that to do so would be in the interests of justice. Where, howev- 48 er, the felony complaint charges the adolescent offender with murder in 49 the second degree as defined in section 125.25 of the penal law, [rape] 50 sexual battery in the first degree as defined in paragraph (a) of subdi- 51 vision one, paragraph (a) of subdivision two and paragraph (a) of subdi- 52 vision three of section 130.35 of the penal law, [rape in the first 53 degree as] a crime formerly defined in subdivision one of section 130.35 54 of the penal law, a crime formerly defined in subdivision one of section 55 130.50 of the penal law, or an armed felony as defined in paragraph (a) 56 of subdivision forty-one of section 1.20 of this chapter, a determi-
A. 6399 18 1 nation that such action be removed to the family court shall, in addi- 2 tion, be based upon a finding of one or more of the following factors: 3 (i) mitigating circumstances that bear directly upon the manner in which 4 the crime was committed; or (ii) where the defendant was not the sole 5 participant in the crime, the defendant's participation was relatively 6 minor although not so minor as to constitute a defense to the prose- 7 cution; or (iii) possible deficiencies in proof of the crime. 8 § 34. Paragraph (b) of subdivision 1 of section 722.22 of the criminal 9 procedure law, as amended by chapter 23 of the laws of 2024, is amended 10 to read as follows: 11 (b) with the consent of the district attorney, order removal of an 12 action involving an indictment charging a juvenile offender with murder 13 in the second degree as defined in section 125.25 of the penal law; 14 [rape] sexual battery in the first degree, as defined in paragraph (a) 15 of subdivision one, paragraph (a) of subdivision two and paragraph (a) 16 of subdivision three of section 130.35 of the penal law; [rape in the 17 first degree as] a crime formerly defined in subdivision one of section 18 130.35 of the penal law; a crime formerly defined in subdivision one of 19 section 130.50 of the penal law; or an armed felony as defined in para- 20 graph (a) of subdivision forty-one of section 1.20 of this chapter, to 21 the family court pursuant to the provisions of article seven hundred 22 twenty-five of this title if the court finds one or more of the follow- 23 ing factors: (i) mitigating circumstances that bear directly upon the 24 manner in which the crime was committed; (ii) where the defendant was 25 not the sole participant in the crime, the defendant's participation was 26 relatively minor although not so minor as to constitute a defense to the 27 prosecution; or (iii) possible deficiencies in the proof of the crime, 28 and, after consideration of the factors set forth in subdivision two of 29 this section, the court determined that removal of the action to the 30 family court would be in the interests of justice. 31 § 35. Section 213-c of the civil practice law and rules, as amended by 32 chapter 23 of the laws of 2024, is amended to read as follows: 33 § 213-c. Action by victim of conduct constituting certain sexual 34 offenses. Notwithstanding any other limitation set forth in this arti- 35 cle, except as provided in subdivision (b) of section two hundred eight 36 of this article, all civil claims or causes of action brought by any 37 person for physical, psychological or other injury or condition suffered 38 by such person as a result of conduct which would constitute [rape] 39 sexual battery in the first degree as defined in section 130.35 of the 40 penal law, or [rape] sexual battery in the second degree as defined in 41 subdivision four, five or six of section 130.30 of the penal law, or 42 [rape in the second degree] a crime as defined in former subdivision two 43 of section 130.30 of the penal law, or [rape] sexual battery in the 44 third degree as defined in subdivision one, two, three, seven, eight or 45 nine of section 130.25 of the penal law, or a crime formerly defined in 46 section 130.50 of the penal law, or a crime formerly defined in subdivi- 47 sion two of section 130.45 of the penal law, or a crime formerly defined 48 in subdivision one or three of section 130.40 of the penal law, or 49 incest in the first degree as defined in section 255.27 of the penal 50 law, or incest in the second degree as defined in section 255.26 of the 51 penal law (where the crime committed is [rape] sexual battery in the 52 second degree as defined in subdivision four, five or six of section 53 130.30 of the penal law, or [rape in the second degree as] a crime 54 formerly defined in subdivision two of section 130.30 of the penal law, 55 or a crime formerly defined in subdivision two of section 130.45 of the 56 penal law), or aggravated sexual abuse in the first degree as defined in
A. 6399 19 1 section 130.70 of the penal law, or course of sexual conduct against a 2 child in the first degree as defined in section 130.75 of the penal law 3 may be brought against any party whose intentional or negligent acts or 4 omissions are alleged to have resulted in the commission of the said 5 conduct, within twenty years. Nothing in this section shall be construed 6 to require that a criminal charge be brought or a criminal conviction be 7 obtained as a condition of bringing a civil cause of action or receiving 8 a civil judgment pursuant to this section or be construed to require 9 that any of the rules governing a criminal proceeding be applicable to 10 any such civil action. 11 § 36. Paragraph (b) of subdivision 8 of section 215 of the civil prac- 12 tice law and rules, as amended by chapter 23 of the laws of 2024, is 13 amended to read as follows: 14 (b) Whenever it is shown that a criminal action against the same 15 defendant has been commenced with respect to the event or occurrence 16 from which a claim governed by this section arises, and such criminal 17 action is for [rape] sexual battery in the first degree as defined in 18 section 130.35 of the penal law, or a crime formerly defined in section 19 130.50 of the penal law, or aggravated sexual abuse in the first degree 20 as defined in section 130.70 of the penal law, or course of sexual 21 conduct against a child in the first degree as defined in section 130.75 22 of the penal law, the plaintiff shall have at least five years from the 23 termination of the criminal action as defined in section 1.20 of the 24 criminal procedure law in which to commence the civil action, notwith- 25 standing that the time in which to commence such action has already 26 expired or has less than a year remaining. 27 § 37. Section 4510 of the civil practice law and rules, as amended by 28 chapter 309 of the laws of 2021, is amended to read as follows: 29 § 4510. [Rape] Sexual battery crisis counselor or domestic violence 30 advocate. (a) Definitions. When used in this section, the following 31 terms shall have the following meanings: 32 1. "[Rape] Sexual battery crisis program" means any office, institu- 33 tion or center which has been approved pursuant to subdivision fifteen 34 of section two hundred six of the public health law, as added by chapter 35 432 of the laws of 1993, offering counseling and assistance to clients 36 concerning sexual offenses, sexual abuses or incest. 37 2. "[Rape] Sexual battery crisis counselor" means any person who has 38 been certified by an approved [rape] sexual battery crisis program as 39 having satisfied the training standards specified in subdivision fifteen 40 of section two hundred six of the public health law, as added by chapter 41 432 of the laws of 1993, and who, regardless of compensation, is acting 42 under the direction and supervision of an approved [rape] sexual battery 43 crisis program. 44 3. "Client" means (i) any person who is seeking or receiving the 45 services of a [rape] sexual battery crisis counselor for the purpose of 46 securing counseling or assistance concerning any sexual offenses, sexual 47 abuse, incest or attempts to commit sexual offenses, sexual abuse, or 48 incest, as defined in the penal law; or 49 (ii) any victim of domestic violence as defined in section four 50 hundred fifty-nine-a of the social services law. 51 4. "Domestic violence program" means a residential program for victims 52 of domestic violence or a non-residential program for victims of domes- 53 tic violence as defined in section four hundred fifty-nine-a of the 54 social services law or any similar program operated by an Indian tribe, 55 as defined by section two of the Indian law.
A. 6399 20 1 5. "Domestic violence advocate" means any person who is acting under 2 the direction and supervision of a licensed and approved domestic 3 violence program and has satisfied the training standards required by 4 the office of children and family services. 5 (b) Confidential information privileged. A [rape] sexual battery 6 crisis counselor or domestic violence advocate shall not be required to 7 disclose a communication made by [his or her] such counselor or advo- 8 cate's client to [him or her] such counselor or advocate, or advice 9 given thereon, in the course of [his or her] such counselor or advocate 10 services nor shall any clerk, stenographer or other person working for 11 the same program as the [rape] sexual battery crisis counselor or domes- 12 tic violence advocate or for the [rape] sexual battery crisis counselor 13 or domestic violence advocate be allowed to disclose any such communi- 14 cation or advice given thereon nor shall any records made in the course 15 of the services given to the client or recording of any communications 16 made by or to a client be required to be disclosed, nor shall the client 17 be compelled to disclose such communication or records, except: 18 1. that a [rape] sexual battery crisis counselor or domestic violence 19 advocate may disclose such otherwise confidential communication to the 20 extent authorized by the client; 21 2. that a [rape] sexual battery crisis counselor or domestic violence 22 advocate shall not be required to treat as confidential a communication 23 by a client which reveals the intent to commit a crime or harmful act; 24 3. that a domestic violence advocate shall not be required to treat as 25 confidential a communication by a client which reveals a case of 26 suspected child abuse or maltreatment pursuant to title six of article 27 six of the social services law; 28 4. in a case in which the client waives the privilege by instituting 29 charges against the [rape] sexual battery crisis counselor or domestic 30 violence advocate or the [rape] sexual battery crisis program or domes- 31 tic violence program and such action or proceeding involves confidential 32 communications between the client and the [rape] sexual battery crisis 33 counselor or domestic violence advocate. 34 (c) Who may waive the privilege. The privilege may only be waived if 35 the client, the personal representative of a deceased client, or, in the 36 case of a client who has been adjudicated incompetent or for whom a 37 conservator has been appointed, the committee or conservator provides 38 the [rape] sexual battery crisis counselor or domestic violence advocate 39 with informed, written and reasonably time-limited consent. 40 (d) Limitation on waiver. A client who, for the purposes of obtaining 41 compensation under article twenty-two of the executive law or insurance 42 benefits, authorizes the disclosure of any privileged communication to 43 an employee of the office of victim services or an insurance represen- 44 tative shall not be deemed to have waived the privilege created by this 45 section. 46 § 38. Paragraph (A) of subdivision 1 of section 111-a of the domestic 47 relations law, as amended by chapter 828 of the laws of 2022, is amended 48 to read as follows: 49 (A) [rape] sexual battery in first or second degree; 50 § 39. Paragraph (b) of subdivision 3-a of section 115-d of the domes- 51 tic relations law, as amended by chapter 623 of the laws of 2008, is 52 amended to read as follows: 53 (b) Notwithstanding any other provision of law to the contrary, a 54 petition for certification as a qualified adoptive parent shall be 55 denied where a criminal history record of the applicant reveals a 56 conviction for (i) a felony conviction at any time involving: (1) child
A. 6399 21 1 abuse or neglect; (2) spousal abuse; (3) a crime against a child, 2 including child pornography; or (4) a crime involving violence, includ- 3 ing [rape] sexual battery, sexual assault, or homicide, other than a 4 crime involving physical assault or battery; or (ii) a felony conviction 5 within the past five years for physical assault, battery, or a drug-re- 6 lated offense. 7 § 40. Clause 1 of subparagraph (A) of paragraph (b) of subdivision 1-c 8 of section 240 of the domestic relations law, as amended by chapter 182 9 of the laws of 2019, is amended to read as follows: 10 (1) [rape] sexual battery in the first or second degree; 11 § 41. Subdivision 7 of section 6444 of the education law, as added by 12 chapter 76 of the laws of 2015, is amended to read as follows: 13 7. Institutions that lack appropriate on-campus resources or services 14 shall, to the extent practicable, enter into memoranda of understanding, 15 agreements or collaborative partnerships with existing community-based 16 organizations, including [rape-crisis] sexual battery-crisis centers and 17 domestic violence shelters and assistance organizations, to refer 18 students for assistance or make services available to students, includ- 19 ing counseling, health, mental health, victim advocacy, and legal 20 assistance, which may also include resources and services for the 21 respondent. 22 § 42. Subdivision 4 of section 7605 of the education law, as amended 23 by chapter 554 of the laws of 2013, is amended to read as follows: 24 4. The practice, conduct, activities, or services by any person 25 licensed or otherwise authorized to practice nursing as a registered 26 professional nurse or nurse practitioner within the state pursuant to 27 article one hundred thirty-nine of this title or by any person licensed 28 or otherwise authorized to practice social work within the state pursu- 29 ant to article one hundred fifty-four of this title, or by any person 30 licensed or otherwise authorized to practice mental health counseling, 31 marriage and family therapy, creative arts therapy, or psychoanalysis 32 within the state pursuant to article one hundred sixty-three of this 33 title, or any person licensed or otherwise authorized to practice 34 applied behavior analysis within the state pursuant to article one 35 hundred sixty-seven of this title or any individual who is credentialed 36 under any law, including attorneys, [rape] sexual battery crisis counse- 37 lors, certified alcoholism counselors, and certified substance abuse 38 counselors from providing mental health services within their respective 39 established authorities. 40 § 43. Paragraph (a) of subdivision 5 of section 7706 of the education 41 law, as added by chapter 420 of the laws of 2002, is amended to read as 42 follows: 43 (a) any individual who is credentialed under any law, including attor- 44 neys, [rape] sexual battery crisis counselors, credentialed alcoholism 45 and substance abuse counselors whose scope of practice includes the 46 practices defined in section seventy-seven hundred one of this article 47 from performing or claiming to perform work authorized by applicable 48 provisions of this chapter and the mental hygiene law; 49 § 44. Subdivision 2 of section 8410 of the education law, as added by 50 chapter 676 of the laws of 2002, is amended to read as follows: 51 2. Prohibit or limit any individual who is credentialed under any law, 52 including attorneys, [rape] sexual battery crisis counselors, certified 53 alcoholism counselors and certified substance abuse counselors from 54 providing mental health services within their respective established 55 authorities.
A. 6399 22 1 § 45. Clause (ii) of subparagraph 2 of paragraph (c) of subdivision 22 2 of section 296 of the executive law, as added by chapter 176 of the laws 3 of 2019, is amended to read as follows: 4 (ii) Obtaining services from a domestic violence shelter, program, or 5 [rape] sexual battery crisis center as a result of domestic violence; or 6 § 46. Subdivision 1 and paragraph (a) of subdivision 13 of section 631 7 of the executive law, subdivision 1 as separately amended by chapters 8 189 and 295 of the laws of 2018 and paragraph (a) of subdivision 13 as 9 amended by section 3 of subpart S of part XX of chapter 55 of the laws 10 of 2020, are amended to read as follows: 11 1. No award shall be made unless the office finds that (a) a crime was 12 committed, (b) such crime directly resulted in personal physical injury 13 to or the exacerbation of a preexisting disability, or condition, or 14 death of, the victim, and (c) criminal justice agency records show that 15 such crime was promptly reported to the proper authorities; and in no 16 case may an award be made where the criminal justice agency records show 17 that such report was made more than one week after the occurrence of 18 such crime unless the office, for good cause shown, finds the delay to 19 have been justified. Notwithstanding the foregoing provisions of this 20 subdivision, in cases involving an alleged sex offense as contained in 21 article one hundred thirty of the penal law or incest as defined in 22 section 255.25, 255.26 or 255.27 of the penal law or labor trafficking 23 as defined in section 135.35 of the penal law or sex trafficking as 24 defined in sections 230.34 and 230.34-a of the penal law or an offense 25 chargeable as a family offense as described in section eight hundred 26 twelve of the family court act or section 530.11 of the criminal proce- 27 dure law, the criminal justice agency report need only be made within a 28 reasonable time considering all the circumstances, including the 29 victim's physical, emotional and mental condition and family situation. 30 For the purposes of this subdivision, "criminal justice agency" shall 31 include, but not be limited to, a police department, a district attor- 32 ney's office, and any other governmental agency having responsibility 33 for the enforcement of the criminal laws of the state provided, however, 34 that in cases involving such sex offense or family offense a criminal 35 justice agency shall also mean a family court, a governmental agency 36 responsible for child and/or adult protective services pursuant to title 37 six of article six of the social services law and/or title one of arti- 38 cle nine-B of the social services law, and any medical facility estab- 39 lished under the laws of the state that provides a forensic physical 40 examination for victims of [rape] sexual battery and sexual assault. 41 (a) Notwithstanding any other provision of law, rule, or regulation to 42 the contrary, when any New York state accredited hospital, accredited 43 sexual assault examiner program, or licensed health care provider 44 furnishes services to any sexual assault survivor, including but not 45 limited to a health care forensic examination in accordance with the sex 46 offense evidence collection protocol and standards established by the 47 department of health, such hospital, sexual assault examiner program, or 48 licensed healthcare provider shall provide such services to the person 49 without charge and shall bill the office directly. The office, in 50 consultation with the department of health, shall define the specific 51 services to be covered by the sexual assault forensic exam reimbursement 52 fee, which must include at a minimum forensic examiner services, hospi- 53 tal or healthcare facility services related to the exam, and any neces- 54 sary related laboratory tests or pharmaceuticals; including but not 55 limited to HIV post-exposure prophylaxis provided by a hospital emergen- 56 cy room at the time of the forensic [rape] sexual battery examination
A. 6399 23 1 pursuant to paragraph (c) of subdivision one of section twenty-eight 2 hundred five-i of the public health law. For a person eighteen years of 3 age or older, follow-up HIV post-exposure prophylaxis costs shall 4 continue to be reimbursed according to established office procedure. The 5 office, in consultation with the department of health, shall also gener- 6 ate the necessary regulations and forms for the direct reimbursement 7 procedure. 8 § 46-a. Subparagraph (i) of paragraph (c) of subdivision 1 of section 9 631 of the executive law, as added by chapter 84 of the laws of 2024, is 10 amended to read as follows: 11 (i) a governmental agency responsible for child and/or adult protec- 12 tive services pursuant to title six of article six of the social 13 services law and/or title one of article nine-B of the social services 14 law, and any medical facility established under the laws of the state 15 that provides a forensic physical examination for victims of [rape] 16 sexual battery and sexual assault; or 17 § 47. Paragraph (b) of subdivision 1 of section 641 of the executive 18 law, as added by chapter 94 of the laws of 1984, is amended to read as 19 follows: 20 (b) availability of appropriate public or private programs that 21 provide counseling, treatment or support for crime victims, including 22 but not limited to the following: [rape] sexual battery crisis centers, 23 victim/witness assistance programs, elderly victim services, victim 24 assistance hotlines and domestic violence shelters; 25 § 48. Subdivision 2-a of section 642 of the executive law, as amended 26 by chapter 301 of the laws of 1991, paragraph (a) as amended by chapter 27 320 of the laws of 2006, is amended to read as follows: 28 2-a. (a) All police departments, as that term is defined in subdivi- 29 sion a of section eight hundred thirty-seven-c of this chapter, district 30 attorneys' offices and presentment agencies, as that term is defined in 31 subdivision twelve of section 301.2 of the family court act, shall 32 provide a private setting for interviewing victims of a crime defined in 33 article one hundred thirty or section 255.25, 255.26 or 255.27 of the 34 penal law. For purposes of this subdivision, "private setting" shall 35 mean an enclosed room from which the occupants are not visible or other- 36 wise identifiable, and whose conversations cannot be heard, from outside 37 such room. Only (i) those persons directly and immediately related to 38 the interviewing of a particular victim, (ii) the victim, (iii) a social 39 worker, [rape] sexual battery crisis counselor, psychologist or other 40 professional providing emotional support to the victim, unless the 41 victim objects to the presence of such person and requests the exclusion 42 of such person from the interview, and (iv) where appropriate, the 43 parent or parents of the victim, if requested by the victim, shall be 44 present during the interview of the victim. 45 (b) All police departments, as that term is defined in subdivision a 46 of section eight hundred thirty-seven-c of this chapter, shall provide 47 victims of a crime defined in article one hundred thirty of the penal 48 law with the name, address, and telephone of the nearest [rape] sexual 49 battery crisis center in writing. 50 § 49. The opening paragraph of paragraph (a) of subdivision 4 of 51 section 840 of the executive law, as added by chapter 506 of the laws of 52 2011, is amended to read as follows: 53 (a) Develop, maintain and disseminate, in consultation with [rape] 54 sexual battery crisis centers experienced in assisting victims in this 55 state, written policies and procedures consistent with applicable 56 provisions of the family court act, domestic relations law, criminal
A. 6399 24 1 procedure law and the penal law, regarding the investigation of and 2 intervention by new and veteran police officers in crimes involving 3 sexual assault. Such policies and procedures shall make provisions for 4 education and training of new and veteran police officers in the inves- 5 tigation and enforcement of crimes involving sexual assault under state 6 law, including but not limited to: 7 § 50. The opening paragraph of subdivision (b) of section 117 of the 8 family court act, as amended by chapter 23 of the laws of 2024, is 9 amended to read as follows: 10 For every juvenile delinquency proceeding under article three involv- 11 ing an allegation of an act committed by a person which, if done by an 12 adult, would be a crime (i) defined in sections 125.27 (murder in the 13 first degree); 125.25 (murder in the second degree); 135.25 (kidnapping 14 in the first degree); or 150.20 (arson in the first degree) of the penal 15 law committed by a person thirteen, fourteen, fifteen, sixteen, or 16 seventeen years of age; or such conduct committed as a sexually moti- 17 vated felony, where authorized pursuant to section 130.91 of the penal 18 law; (ii) defined in sections 120.10 (assault in the first degree); 19 125.20 (manslaughter in the first degree); 130.35 ([rape] sexual battery 20 in the first degree); former section 130.50; sections 130.70 (aggravated 21 sexual abuse in the first degree); 135.20 (kidnapping in the second 22 degree), but only where the abduction involved the use or threat of use 23 of deadly physical force; 150.15 (arson in the second degree); or 160.15 24 (robbery in the first degree) of the penal law committed by a person 25 thirteen, fourteen, fifteen, sixteen, or seventeen years of age; or such 26 conduct committed as a sexually motivated felony, where authorized 27 pursuant to section 130.91 of the penal law; (iii) defined in the penal 28 law as an attempt to commit murder in the first or second degree or 29 kidnapping in the first degree committed by a person thirteen, fourteen, 30 fifteen, sixteen, or seventeen years of age; or such conduct committed 31 as a sexually motivated felony, where authorized pursuant to section 32 130.91 of the penal law; (iv) defined in section 140.30 (burglary in the 33 first degree); subdivision one of section 140.25 (burglary in the second 34 degree); subdivision two of section 160.10 (robbery in the second 35 degree) of the penal law; or section 265.03 of the penal law, where such 36 machine gun or such firearm is possessed on school grounds, as that 37 phrase is defined in subdivision fourteen of section 220.00 of the penal 38 law committed by a person fourteen, fifteen, sixteen, or seventeen years 39 of age; or such conduct committed as a sexually motivated felony, where 40 authorized pursuant to section 130.91 of the penal law; (v) defined in 41 section 120.05 (assault in the second degree) or 160.10 (robbery in the 42 second degree) of the penal law committed by a person fourteen, fifteen, 43 sixteen, or seventeen years of age but only where there has been a prior 44 finding by a court that such person has previously committed an act 45 which, if committed by an adult, would be the crime of assault in the 46 second degree, robbery in the second degree or any designated felony act 47 specified in clause (i), (ii) or (iii) of this subdivision regardless of 48 the age of such person at the time of the commission of the prior act; 49 or (vi) other than a misdemeanor, committed by a person at least twelve 50 but less than eighteen years of age, but only where there have been two 51 prior findings by the court that such person has committed a prior act 52 which, if committed by an adult, would be a felony: 53 § 51. Subdivision 8 of section 301.2 of the family court act, as 54 amended by chapter 38 of the laws of 2022, is amended to read as 55 follows:
A. 6399 25 1 8. "Designated felony act" means an act which, if done by an adult, 2 would be a crime: (i) defined in sections 125.27 (murder in the first 3 degree); 125.25 (murder in the second degree); 135.25 (kidnapping in the 4 first degree); or 150.20 (arson in the first degree) of the penal law 5 committed by a person thirteen, fourteen, fifteen, sixteen, or seventeen 6 years of age; or such conduct committed as a sexually motivated felony, 7 where authorized pursuant to section 130.91 of the penal law; (ii) 8 defined in sections 120.10 (assault in the first degree); 125.20 9 (manslaughter in the first degree); 130.35 [(rape] (sexual battery in 10 the first degree); 130.50 (criminal sexual act in the first degree); 11 130.70 (aggravated sexual abuse in the first degree); 135.20 (kidnapping 12 in the second degree) but only where the abduction involved the use or 13 threat of use of deadly physical force; 150.15 (arson in the second 14 degree) or 160.15 (robbery in the first degree) of the penal law commit- 15 ted by a person thirteen, fourteen, fifteen, sixteen, or seventeen years 16 of age; or such conduct committed as a sexually motivated felony, where 17 authorized pursuant to section 130.91 of the penal law; (iii) defined in 18 the penal law as an attempt to commit murder in the first or second 19 degree or kidnapping in the first degree committed by a person thirteen, 20 fourteen, fifteen, sixteen, or seventeen years of age; or such conduct 21 committed as a sexually motivated felony, where authorized pursuant to 22 section 130.91 of the penal law; (iv) defined in section 140.30 23 (burglary in the first degree); subdivision one of section 140.25 24 (burglary in the second degree); subdivision two of section 160.10 25 (robbery in the second degree) of the penal law; or section 265.03 of 26 the penal law, where such machine gun or such firearm is possessed on 27 school grounds, as that phrase is defined in subdivision fourteen of 28 section 220.00 of the penal law committed by a person fourteen, fifteen, 29 sixteen, or seventeen years of age; or such conduct committed as a sexu- 30 ally motivated felony, where authorized pursuant to section 130.91 of 31 the penal law; (v) defined in section 120.05 (assault in the second 32 degree) or 160.10 (robbery in the second degree) of the penal law 33 committed by a person fourteen, fifteen, sixteen or seventeen years of 34 age but only where there has been a prior finding by a court that such 35 person has previously committed an act which, if committed by an adult, 36 would be the crime of assault in the second degree, robbery in the 37 second degree or any designated felony act specified in paragraph (i), 38 (ii), or (iii) of this subdivision regardless of the age of such person 39 at the time of the commission of the prior act; (vi) other than a misde- 40 meanor committed by a person at least twelve but less than eighteen 41 years of age, but only where there have been two prior findings by the 42 court that such person has committed a prior act which, if committed by 43 an adult, would be a felony. 44 § 52. Subdivision 4 of section 308.1 of the family court act, as 45 amended by chapter 23 of the laws of 2024, is amended to read as 46 follows: 47 4. The probation service shall not adjust a case in which the child 48 has allegedly committed a delinquent act which would be a crime defined 49 in section 120.25, (reckless endangerment in the first degree), subdivi- 50 sion one of section 125.15, (manslaughter in the second degree), subdi- 51 visions one, two and three of section 130.25, ([rape] sexual battery in 52 the third degree), subdivision one of former section 130.40, subdivision 53 one or two of section 130.65, (sexual abuse in the first degree), 54 section 135.65, (coercion in the first degree), section 140.20, 55 (burglary in the third degree), section 150.10, (arson in the third 56 degree), section 160.05, (robbery in the third degree), subdivision two,
A. 6399 26 1 three or four of section 265.02, (criminal possession of a weapon in the 2 third degree), section 265.03, (criminal possession of a weapon in the 3 second degree), or section 265.04, (criminal possession of a dangerous 4 weapon in the first degree) of the penal law where the child has previ- 5 ously had one or more adjustments of a case in which such child alleged- 6 ly committed an act which would be a crime specified in this subdivision 7 unless it has received written approval from the court and the appropri- 8 ate presentment agency. 9 § 53. Paragraph (vii) of subdivision (a) of section 1046 of the family 10 court act, as amended by chapter 432 of the laws of 1993, is amended to 11 read as follows: 12 (vii) neither the privilege attaching to confidential communications 13 between [husband and wife] spouses, as set forth in section forty-five 14 hundred two of the civil practice law and rules, nor the physician-pa- 15 tient and related privileges, as set forth in section forty-five hundred 16 four of the civil practice law and rules, nor the psychologist-client 17 privilege, as set forth in section forty-five hundred seven of the civil 18 practice law and rules, nor the social worker-client privilege, as set 19 forth in section forty-five hundred eight of the civil practice law and 20 rules, nor the [rape] sexual battery crisis counselor-client privilege, 21 as set forth in section forty-five hundred ten of the civil practice law 22 and rules, shall be a ground for excluding evidence which otherwise 23 would be admissible. 24 § 54. Subparagraph 5 of paragraph a of subdivision 2 of section 654-a 25 of the general business law, as amended by chapter 17 of the laws of 26 2013, is amended to read as follows: 27 (5) the purchaser of a contract signed by more than one purchaser 28 provides to the operator a copy of any of the following, within six 29 months of its issuance, involving domestic violence by another signatory 30 of the same contract: (A) a valid domestic violence incident report form 31 as such term is defined in subdivision fifteen of section eight hundred 32 thirty-seven of the executive law; (B) a valid police report; (C) a 33 valid order of protection; or (D) a signed affidavit from a licensed 34 medical or mental health care provider, employee of a court acting with- 35 in the scope of [his or her] their employment, social worker, a [rape] 36 sexual battery crisis counselor as defined in section forty-five hundred 37 ten of the civil practice law and rules, or advocate acting on behalf of 38 an agency that assists domestic violence victims. Paragraph d of this 39 subdivision shall not apply to a purchaser canceling under this subpara- 40 graph. A claim for termination under this subparagraph shall be made in 41 good faith. Termination under this subparagraph shall require, and the 42 provision of any of the items in (A) through (D) of this subparagraph, 43 for the purposes of this subparagraph, shall be presumptive evidence of 44 the continued existence of a substantial risk of physical or emotional 45 harm to the purchaser or purchaser's child. 46 § 55. Section 4 of the judiciary law, as amended by chapter 23 of the 47 laws of 2024, is amended to read as follows: 48 § 4. Sittings of courts to be public. The sittings of every court 49 within this state shall be public, and every citizen may freely attend 50 the same, except that in all proceedings and trials in cases for 51 divorce, seduction, [rape] sexual battery, assault with intent to commit 52 [rape] sexual battery, bastardy, filiation, or a crime formerly defined 53 in sections 130.50, 130.45, and 130.40 of the penal law, the court may, 54 in its discretion, exclude therefrom all persons who are not directly 55 interested therein, excepting jurors, witnesses, and officers of the 56 court.
A. 6399 27 1 § 56. Clause (a) of subparagraph (iii) of paragraph a of subdivision 4 2 of section 196-b of the labor law, as added by section 1 of part J of 3 chapter 56 of the laws of 2020, is amended to read as follows: 4 (a) to obtain services from a domestic violence shelter, [rape] sexual 5 battery crisis center, or other services program; 6 § 57. Subdivision 15 of section 206 of the public health law, as added 7 by chapter 432 of the laws of 1993, is amended to read as follows: 8 15. (a) The commissioner shall promulgate rules and regulations which 9 establish: 10 (i) procedures to review and approve [rape] sexual battery crisis 11 programs that provide training to [rape] sexual battery crisis counse- 12 lors as defined in section four thousand five hundred ten of the civil 13 practice law and rules; 14 (ii) minimum training standards for [rape] sexual battery crisis coun- 15 selors; 16 (iii) procedures to enable approved [rape] sexual battery crisis 17 programs to certify current and future [rape] sexual battery crisis 18 counselors, including volunteer counselors, provided such [rape] sexual 19 battery crisis counselors have met the minimum training standards as set 20 forth in this subdivision; and 21 (iv) procedures to periodically review approved training programs to 22 assure they continue to satisfy established standards. 23 (b) [Rape] Sexual battery crisis programs approved by the commissioner 24 shall provide training programs consisting of at least thirty hours of 25 pre-service training and within the first year of service at least ten 26 hours of in-service training for [rape] sexual battery crisis counse- 27 lors. This training shall include but not be limited to, instruction on 28 the following: 29 (i) the dynamics of sexual offenses, sexual abuses or incest; 30 (ii) crisis intervention techniques; 31 (iii) client-counselor confidentiality requirements; 32 (iv) communication skills and intervention techniques; 33 (v) an overview of the state criminal justice system; 34 (vi) an update and review of state laws on sexual offenses, sexual 35 abuse or incest; 36 (vii) the availability of state and community resources for clients; 37 (viii) working with a diverse population; 38 (ix) an overview of child abuse and maltreatment identification and 39 reporting responsibilities; and 40 (x) information on the availability of medical and legal assistance 41 for such clients. 42 (c) The department shall provide technical assistance to approved 43 [rape] sexual battery crisis programs to implement training programs in 44 accordance with the minimum standards set forth in this subdivision. 45 § 58. The article heading of article 6-A of the public health law, as 46 added by chapter 1 of the laws of 2000, is amended to read as follows: 47 [RAPE] SEXUAL BATTERY CRISIS INTERVENTION AND PREVENTION 48 PROGRAM 49 § 59. Section 695 of the public health law, as added by chapter 1 of 50 the laws of 2000, is amended to read as follows: 51 § 695. Short title. This article shall be known and may be cited as 52 the ["rape] "sexual battery crisis intervention and prevention act of 53 two thousand". 54 § 60. Subdivisions 1, 5, 6, 7, 8 and 9 of section 695-a of the public 55 health law, as added by chapter 1 of the laws of 2000 and subdivision 9
A. 6399 28 1 as amended by chapter 264 of the laws of 2003, are amended to read as 2 follows: 3 1. ["Rape] "Sexual battery crisis intervention and prevention program" 4 means any program which has been approved by the department offering 5 counseling and assistance to clients concerning sex offenses, sexual 6 abuse, or incest. 7 5. "Client" means any person seeking or receiving the services of a 8 [rape] sexual battery crisis counselor for the purpose of securing coun- 9 seling or assistance concerning any sex offense, sexual abuse, incest, 10 or attempt to commit a sex offense, sexual abuse, or incest. 11 6. "Hotline" means twenty-four-hour access to [rape] sexual battery 12 crisis intervention and prevention services including telephone hotline 13 and telephone counseling capabilities. 14 7. "Community prevention" means public education projects designed to 15 encourage victim use of [rape] sexual battery crisis intervention 16 services, educating the general public about the availability and 17 significance of [rape] sexual battery crisis intervention services, 18 providing sex offense, sexual abuse or incest prevention and personal 19 safety information, providing other education programs which sensitize 20 service providers and the general public about the nature of sex 21 offenses, sexual abuse or incest and the needs of survivors of a sex 22 offense, sexual abuse or incest. "Community prevention" also means and 23 includes public education projects designed to teach the general public 24 about the problem of acquaintance [rape] sexual battery, including but 25 not limited to: (a) the importance of promptly respecting the decision 26 of another person not to engage in sexual conduct; and (b) the right of 27 every individual to make such a decision and have it respected. 28 8. "Recruitment and training programs" means programs designed to 29 recruit and train staff or volunteers in a [rape] sexual battery crisis 30 intervention and prevention program as well as training or education to 31 other agencies participating in a community support system. 32 9. "Accompaniment services" means services that assure the presence of 33 a trained [rape] sexual battery crisis worker to assist and support the 34 client, at hospitals, law enforcement agencies, district attorneys' 35 offices, courts and other agencies. 36 § 61. Subdivision 1 of section 695-b of the public health law, as 37 added by chapter 1 of the laws of 2000, is amended to read as follows: 38 1. The department is hereby authorized to contract, within amounts 39 appropriated, for the provision of [rape] sexual battery crisis inter- 40 vention and prevention programs as provided herein. Rules, regulations 41 and guidelines as shall be necessary or appropriate to assure successful 42 implementation of this program shall be promulgated by the department. 43 § 62. Paragraph (b) of subdivision 1, subdivision 3, subparagraph 3 of 44 paragraph (a) and subparagraph 3 of paragraph (b) of subdivision 4-b, 45 subdivision 5, and subparagraph 1 of paragraph (a) of subdivision 6 of 46 section 2805-i of the public health law, paragraph (b) of subdivision 1 47 as separately amended by section 1 of subpart S and section 2 of subpart 48 A of part XX of chapter 55 of the laws of 2020, subdivision 3 as amended 49 by chapter 504 of the laws of 1994, subparagraph 3 of paragraph (a) of 50 subdivision 4-b as added and subdivision 5 as amended by chapter 1 of 51 the laws of 2000, subparagraph 3 of paragraph (b) of subdivision 4-b as 52 amended by section 3 and subparagraph 1 of paragraph (a) of subdivision 53 6 as amended by section 4 of subpart A of part XX of chapter 55 of the 54 laws of 2020, are amended to read as follows: 55 (b) informing sexual offense victims of the availability of [rape] 56 sexual battery crisis and local victim assistance organizations, if any,
A. 6399 29 1 in the geographic area served by the hospital, and contacting a [rape] 2 sexual battery crisis or local victim assistance organization to estab- 3 lish the coordination of non-medical services, including but not limited 4 to transportation within the geographic area served by that organiza- 5 tion, upon the conclusion of initial medical services, free of charge 6 from the medical facility to sexual offense victims who request such 7 coordination and services; 8 3. Upon admittance or commencement of treatment of the alleged sexual 9 offense victim, the hospital shall advise the victim of the availability 10 of the services of a local [rape] sexual battery crisis or victim 11 assistance organization, if any, to accompany the victim through the 12 sexual offense examination. If after receiving such advice the sexual 13 offense victim wishes the presence of a [rape] sexual battery crisis or 14 victim assistance advocate, the hospital shall contact the appropriate 15 organization and request that one be provided, provided, however, that 16 if in the professional judgment of the treating practitioner a delay in 17 treatment is detrimental to the provision of medical treatment, then 18 examination or treatment need not be delayed pending the arrival of such 19 advocate and further provided that the presence or continued presence of 20 such advocate does not interfere with the provision of necessary medical 21 care to the victim. 22 (3) the capacity of the hospital site to coordinate services for 23 victims of sexual offenses including medical treatment, [rape] sexual 24 battery crisis counseling, psychological support, law enforcement 25 assistance and forensic evidence collection; 26 (3) Promptly after the examination is completed, the victim shall be 27 permitted to shower, be provided with a change of clothing, be informed 28 that a [rape] sexual battery crisis or victim assistance organization 29 providing victim assistance to the geographic area served by that hospi- 30 tal is available to provide transportation within the geographic area 31 served by that organization, upon the conclusion of initial medical 32 services, free of charge from the medical facility, and receive follow- 33 up information, counseling, medical treatment and referrals for same. 34 5. The commissioner shall promulgate such rules and regulations as may 35 be necessary and proper to carry out effectively the provisions of this 36 section. Prior to promulgating such rules and regulations, the commis- 37 sioner shall consult with relevant police agencies, forensic laborato- 38 ries, [rape] sexual battery crisis centers, hospitals, and other such 39 persons as the commissioner deems necessary. Such rules and regulations 40 shall identify the offenses subject to the provisions of this section, 41 provide a specific definition of sexual offense evidence and require 42 each hospital to contact its local police agency and forensic laboratory 43 to determine their specific needs or requirements. 44 (1) consult with a local [rape] sexual battery crisis or local victim 45 assistance organization, to have a representative of such organization 46 accompany the victim through the sexual offense examination, to have 47 such an organization be summoned by the medical facility, police agency, 48 prosecutorial agency or other law enforcement agency before the 49 commencement of the physical examination or interview, pursuant to this 50 section, and to have such organization provide transportation within the 51 geographic area served by that organization, free of charge from the 52 medical facility to sexual offense victims who request such services 53 upon discharge; 54 § 63. Section 2805-p of the public health law, as added by chapter 625 55 of the laws of 2003, is amended to read as follows:
A. 6399 30 1 § 2805-p. Emergency treatment of [rape] sexual battery survivors. 1. 2 As used in this section: 3 (a) "Emergency contraception" shall mean one or more prescription 4 drugs used separately or in combination to be administered or self-ad- 5 ministered by a patient to prevent pregnancy within a medically recom- 6 mended amount of time after sexual intercourse and dispensed for that 7 purpose in accordance with professional standards of practice and deter- 8 mined by the United States Food and Drug Administration to be safe. 9 (b) "Emergency treatment" shall mean any medical examination or treat- 10 ment provided by a hospital to a [rape] sexual battery survivor follow- 11 ing an alleged [rape] sexual battery. 12 (c) ["Rape"] "Sexual battery" shall mean any act defined in section 13 130.25, 130.30 or 130.35 of the penal law. 14 (d) ["Rape] "Sexual battery survivor" or "survivor" shall mean any 15 [female] person who alleges or is alleged to have been [raped] sexually 16 battered and who presents as a patient. 17 2. Every hospital providing emergency treatment to a [rape] sexual 18 battery survivor shall promptly: 19 (a) provide such survivor with written information prepared or 20 approved, pursuant to subdivision three of this section, relating to 21 emergency contraception; 22 (b) orally inform such survivor of the availability of emergency 23 contraception, its use and efficacy; and 24 (c) provide emergency contraception to such survivor, unless contrain- 25 dicated, upon [her] such survivor's request. No hospital may be required 26 to provide emergency contraception to a [rape] sexual battery survivor 27 who is pregnant. 28 3. The commissioner shall develop, prepare and produce informational 29 materials relating to emergency contraception for distribution to and 30 use in all hospitals in the state, in quantities sufficient to comply 31 with the requirements of this section. The commissioner may also approve 32 informational materials from medically recognized sources for the 33 purposes of this section. Such informational material shall be in clear 34 and concise language, readily comprehensible, in such varieties and 35 forms as the commissioner shall deem necessary to inform survivors in 36 English and languages other than English. Such materials shall explain 37 the nature of emergency contraception including its use and efficacy. 38 4. The commissioner shall promulgate all such rules and regulations as 39 may be necessary and proper to implement the provisions of this section. 40 § 64. Paragraph (b) of subdivision 20 of section 131 of the social 41 services law, as added by chapter 427 of the laws of 2009, is amended to 42 read as follows: 43 (b) [rape] sexual battery crisis centers; and 44 § 65. Clause (A) of subparagraph 1 of paragraph (e) of subdivision 2 45 of section 378-a of the social services law, as amended by chapter 92 of 46 the laws of 2021, is amended to read as follows: 47 (A) a felony conviction at any time involving: (i) child abuse or 48 neglect; (ii) spousal abuse; (iii) a crime against a child, including 49 child pornography; or (iv) a crime involving violence, including [rape] 50 sexual battery, sexual assault, or homicide, other than a crime involv- 51 ing physical assault or battery; or 52 § 66. Paragraph (a) of subdivision 1 of section 384-c of the social 53 services law, as amended by chapter 828 of the laws of 2022, is amended 54 to read as follows: 55 (a) [rape] sexual battery in first or second degree;
A. 6399 31 1 § 67. Section 6-125 of the administrative code of the city of New 2 York, as added by local law number 26 of the city of New York for the 3 year 2003, is amended to read as follows: 4 § 6-125. Sexual battery victim treatments. a. For the purposes of this 5 section only, the following terms shall have the following meanings: 6 (1) "City agency" means a city, county, borough, administration, 7 department, division bureau, board or commission, or a corporation, 8 institution or agency of government the expenses of which are paid in 9 whole or in part from the city treasury, but shall not include the 10 health and hospitals corporation. 11 (2) "Covered agreement" means any agreement, including but not limited 12 to, memoranda of understanding, and excluding contracts, entered into on 13 or after the effective date of the local law that added this section, 14 between a hospital and a city agency. 15 (3) "Covered contract" means any contract entered into on or after the 16 effective date of the local law that added this section, between a 17 hospital and a city agency. 18 (4) "Emergency contraception" shall mean one or more prescription 19 drugs, used separately or in combination, to be administered to or self- 20 administered by a patient in a dosage and manner intended to prevent 21 pregnancy when used within a medically recommended amount of time 22 following sexual intercourse and dispensed for that purpose in accord- 23 ance with professional standards of practice, and which has been found 24 safe and effective for such use by the United States food and drug 25 administration. 26 (5) "Hospital" means any facility operating pursuant to article 28 of 27 the public health law which provides emergency medical care. 28 (6) ["Rape] "Sexual battery victim" means any [female] person who 29 alleges or is alleged to have been [raped] sexually battered and 30 presents to a hospital. 31 b. No city agency shall enter into a covered agreement or covered 32 contract with any hospital that does not contain a provision whereby 33 such hospital agrees to inform [rape] sexual battery victims presenting 34 to its emergency department of the availability of emergency contracep- 35 tion and, if requested, to administer, if medically appropriate, such 36 contraception in a timely manner. 37 c. No city agency shall enter into a covered agreement or covered 38 contract with any hospital that does not contain a provision whereby 39 such hospital agrees to provide the department of health and mental 40 hygiene, on an annual basis, a report indicating the following informa- 41 tion with respect to each reporting period: i) the number of [rape] 42 sexual battery victims treated in such hospital's emergency department; 43 ii) the number of [rape] sexual battery victims treated in such hospi- 44 tal's emergency department which were offered emergency contraception; 45 iii) the number of [rape] sexual battery victims treated in such hospi- 46 tal's emergency department for whom the administration of emergency 47 contraception was not medically indicated and a brief explanation of the 48 contraindication; and iv) the number of times emergency contraception 49 was accepted or declined by a [rape] sexual battery victim treated in 50 such hospital's emergency department. 51 d. No city agency shall enter into a covered agreement or covered 52 contract with any hospital that does not contain a provision whereby 53 such hospital agrees to provide the department of health and mental 54 hygiene with a copy of its protocol for treatment of victims of sexual 55 assault, which hospitals are required to establish pursuant to section 56 405.19 of title 10 of the codes, rules and regulations of the state of
A. 6399 32 1 New York; provided however, that such hospital shall be required to 2 provide such protocol upon amendment or renewal of a covered agreement 3 or covered contract only if such protocol has been amended since the 4 date such hospital initially entered into such covered agreement or 5 covered contract. 6 e. A hospital shall be liable for a civil penalty of not less than 7 five thousand dollars upon a determination that such hospital has been 8 found, through litigation or arbitration, to have made a false claim 9 with respect to its provision of information to [rape] sexual battery 10 victims regarding the availability of emergency contraception or its 11 provision of emergency contraception, if medically indicated, to [rape] 12 sexual battery victims in a timely manner. 13 § 68. Paragraphs 22, 23 and 24 of subdivision b and paragraph 8 of 14 subdivision c of section 9-156 of the administrative code of the city of 15 New York, as added by local law number 21 of the city of New York for 16 the year 2019, are amended to read as follows: 17 22. Whether a [rape] sexual battery kit was administered, declined or 18 not applicable; 19 23. If a [rape] sexual battery kit was deemed not applicable, whether 20 that determination was the result of a delay in reporting, due to the 21 type of abuse alleged to have occurred, or any other reason; 22 24. Whether a sexual assault nurse examiner or sexual assault response 23 team was present during the administration of a [rape] sexual battery 24 kit; and 25 8. Whether the alleged victim was referred to trauma or [rape] sexual 26 battery crisis services following the incident and if the victim 27 accepted or declined such services while in custody; 28 § 69. Paragraph 2 of subdivision a of section 14-150 of the adminis- 29 trative code of the city of New York, as amended by local law number 29 30 of the city of New York for the year 2024, is amended to read as 31 follows: 32 2. A crime status report. Such report shall include the total number 33 of crime complaints (categorized by class of crime, indicating whether 34 the crime is a misdemeanor or felony) for each patrol precinct, includ- 35 ing a subset of housing bureau and transit bureau complaints within each 36 precinct; arrests (categorized by class of crime, indicating whether the 37 arrest is for a misdemeanor or felony) for each patrol precinct, housing 38 police service area, transit district, street crime unit and narcotics 39 division; summons activity (categorized by type of summons, indicating 40 whether the summons is a parking violation, moving violation, environ- 41 mental control board notice of violation, or criminal summons) for each 42 patrol precinct, housing police service area and transit district; 43 domestic violence radio runs for each patrol precinct; average response 44 time for critical and serious crimes in progress for each patrol 45 precinct. Such report shall also include the total number of complaints 46 of all sex offenses as defined in article 130 of the [New York state] 47 penal law, in total and disaggregated by the following offenses: [rape] 48 sexual battery as defined in sections 130.25, 130.30, and 130.35; crimi- 49 nal sexual act as defined in sections 130.40, 130.45, and 130.50; misde- 50 meanor sex offenses as defined in sections 130.20, 130.52, 130.55, and 51 130.60; sexual abuse as defined in sections 130.65, 130.65-a, 130.66, 52 130.67, and 130.70; course of sexual conduct against a child as defined 53 in sections 130.75 and 130.80; and predatory sexual assault as defined 54 in sections 130.95 and 130.96. Such report shall also include the total 55 number of major felony crime complaints for all properties under the 56 jurisdiction of the department of parks and recreation.
A. 6399 33 1 § 70. Paragraph 3 of subdivision a of section 14-161 of the adminis- 2 trative code of the city of New York, as added by local law number 110 3 of the city of New York for the year 2016, is amended to read as 4 follows: 5 3. the number of reported [rapes] sexual batteries related to domestic 6 violence; 7 § 71. Paragraph 2 of subdivision b of section 14-171 of the adminis- 8 trative code of the city of New York, as added by local law number 42 of 9 the city of New York for the year 2018, is amended to read as follows: 10 2. [Rape] Sexual battery as defined in article 130 of the penal law; 11 § 72. Subdivision b of section 14-180 of the administrative code of 12 the city of New York, as added by local law number 194 of the city of 13 New York for the year 2018, is amended to read as follows: 14 b. Special victims training program. The department, after considering 15 information from outside experts, shall develop and implement a victim- 16 centered special victims training program designed to develop skills 17 related to the investigation of sexual crimes and the specific needs of 18 victims of sexual crimes. The curriculum shall consider nationally 19 recognized best practices and factors contributing to the additional 20 complexity of sexual assault investigations including the depth of 21 victimization, the negative social consequences of sexual assault, the 22 trauma and neurobiological damage inflicted by sexual assault, the 23 complexity of victim management, the falsity or partially truthful 24 disclosure of complaints, the large unreported rate of sexual assaults 25 and any other training deemed relevant to sexual assault cases by the 26 commissioner. Such program shall include the following training compo- 27 nents: the Forensic Experiential Trauma Interview method, specialized 28 investigative training for sexual assault cases including non-stranger 29 sexual assault and controlled communications, district attorney based 30 training related to legal evidentiary standards and penal law article 31 130 crimes, Sexual Assault Forensic Examiner training, Sex Offender 32 Registration Act training, hospital based training, victim advocate 33 based training and any other training courses currently offered by the 34 NYPD for special victims investigators including but not limited to DNA 35 evidence, investigation of complex cases, drug-facilitated sexual 36 assault, neurobiology of sexual assault, [rape] sexual battery crisis 37 counselor training, peer based investigative process training, abusive 38 head trauma training and any other training deemed relevant to sexual 39 assault cases by the commissioner, except that the commissioner may 40 eliminate a training component or replace a training component with an 41 alternative component in order to provide comprehensive victim-centered 42 training. Such program shall include a proficiency examination or demon- 43 stration for each training component and shall be of a length the 44 commissioner determines is sufficient to ensure that special victims 45 investigators are capable of utilizing such skills. 46 § 73. Subparagraph (a) of paragraph 1 of subdivision b of section 47 20-914 of the administrative code of the city of New York, as amended by 48 local law number 97 of the city of New York for the year 2020, is 49 amended to read as follows: 50 (a) to obtain services from a domestic violence shelter, [rape] sexual 51 battery crisis center, or other shelter or services program for relief 52 from a family offense matter, sexual offense, stalking, or human traf- 53 ficking; 54 § 74. This act shall take effect immediately; provided, however, 55 section forty-six-a of this act shall take effect on the same date and 56 in the same manner as chapter 84 of the laws of 2024, takes effect.