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

                                  5806

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 16, 2013
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the labor law, in relation to the prohibition of differ-
  ential pay because of sex (Part A); to amend  the  executive  law,  in
  relation  to  unlawful discriminatory practices (Part B); to amend the
  executive law, in relation to the  provision  of  attorney's  fees  in
  cases  of  housing,  employment or credit discrimination; to amend the
  executive law, in relation to the awarding  of  reasonable  attorney's
  fees (Part C); to amend the executive law, in relation to the unlawful
  discriminatory practice because of familial status (Part D); to direct
  the  division of housing and community renewal to review the Section 8
  Housing Choice Voucher Administrative Plan  (Part  E);  to  amend  the
  domestic  relations  law, the family court act and the criminal proce-
  dure law, in relation to the scope of orders of protection and  tempo-
  rary  orders of protection (Part F); to amend the family court act and
  the judiciary law, in relation to establishing a pilot program for the
  filing of petitions for temporary orders of protection  by  electronic
  means  and for issuance of such orders ex parte by audio-visual means;
  and to amend the executive law, in relation to review and  reports  by
  the  chief  administrator  of  the courts (Part G); to amend the penal
  law, the criminal procedure law, the social services  law,  the  civil
  practice  law  and  rules, the mental hygiene law, the correction law,
  the vehicle and traffic law, the public health law, the real  property
  actions and proceedings law, and the real property law, in relation to
  enacting  the  "trafficking  victims  protection  and justice act"; to
  amend the penal law, in relation to prostitution in a school zone;  to
  amend  the  executive  law, in relation to human trafficking awareness
  and to amend the  criminal  procedure  law,  in  relation  to  persons
  charged  with  prostitution and loitering for the purpose of prostitu-
  tion (Part H); to amend the executive law, in relation  to  reasonable
  accommodation (Part I); to amend the civil service law, in relation to
  discriminatory  practices  where public employers compensate employees
  of different sexes differently for work that is  of  comparable  worth
  (Part  J);  to  amend  the workers' compensation law and the insurance

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

                                                           LBD11548-01-3

S. 5806                             2

  law, in relation to providing six weeks of disability benefits for the
  birth, adoption or placement of a child (Part K);  to  amend  the  tax
  law,  in relation to the personal income tax credit for certain house-
  hold  and  dependent  care  services  necessary for gainful employment
  (Part L); to amend the social services law, in relation to the  treat-
  ment  of  earned  income  of a child under the age of eighteen and the
  income of an eighteen, nineteen or twenty year  old  household  member
  when  determining  the  eligibility  of  a  household for a child care
  subsidy (Part M); to amend the social services  law,  in  relation  to
  child  care  services for parents and caretakers who work a late shift
  (Part N); to direct the office of  children  and  family  services  to
  examine,  evaluate and make recommendations on the availability of day
  care for children; and providing for the  repeal  of  such  provisions
  upon expiration thereof (Part O); to amend the social services law, in
  relation  to notice of inspection report for residential and non-resi-
  dential child day care providers  (Part  P);  to  amend  the  economic
  development  law,  in  relation  to  requiring development centers and
  entrepreneurship support centers  to  track  the  success  of  program
  participants;  to  amend the labor law, in relation to self employment
  activities for the purposes of unemployment claims; and to amend chap-
  ter 413 of the laws of 2003, amending the labor law  relating  to  the
  self-employment  assistance  program and other matters, in relation to
  extending the expiration of the provisions thereof (Part Q); to  amend
  the  social  services  law,  in  relation to requiring participants in
  public assistance employment programs to complete a course  in  finan-
  cial  literacy  and  personal  finance  (Part  R); to amend the social
  services law, in relation to the composition of the  interagency  task
  force on human trafficking and their meetings; and to amend chapter 74
  of  the  laws  of  2007 amending the penal law, the criminal procedure
  law, the correction law, the social services law,  and  the  executive
  law relating to human trafficking, in relation to extending the inter-
  agency  task  force on human trafficking (Part S); to amend the public
  health law, in relation to health  care  and  wellness  education  and
  outreach  programs  for  victims  of  sex offenses or victims of child
  pornography promotion (Part T); to amend the election law, in relation
  to authorizing registration records of victims of sexual  violence  to
  be  kept confidential in certain cases (Part U); to amend the domestic
  relations law and the social services law, in relation  to  visitation
  and  custody  rights of a parent convicted of sexual assault (Part V);
  to amend the penal law, in relation to  the  definition  of  the  term
  "sexual intercourse" as such term applies to sex offenses (Part W); to
  amend  the  penal  law and the correction law, in relation to enacting
  "Brittany's Law" (Part X); to amend the retirement and social security
  law, in relation to certain members who re-enter public service  (Part
  Y);  to  amend the labor law, in relation to the entitlement to unpaid
  leave of absence from employment  for  victims  of  domestic  violence
  (Part Z); to amend the executive law, in relation to including certain
  information  in  the study of minority and women-owned business enter-
  prise programs (Part AA);  establishing  the  workforce  guidance  and
  information  for  women  policy study; and providing for the repeal of
  such provisions upon expiration thereof (Part BB); to amend the social
  services law, in relation  to  notice  requirements  to  families  and
  providers  when  funding  cuts are made (Part CC); to amend the public
  health law, in relation to breast cancer research (Part DD); to  amend
  the  public  health  law, in relation to establishing a women's health

S. 5806                             3

  website (Part EE); and to amend the tax law, in relation to establish-
  ing a personal income tax credit for the adoption of a child (Part FF)

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act enacts into law major  components  of  legislation
relating  to  issues  deemed  necessary by the state.  Each component is
wholly contained within a Part identified as Parts  A  through  FF.  The
effective  date for each particular provision contained within such Part
is set forth in the last section of such  Part.  Any  provision  in  any
section  contained  within  a  Part, including the effective date of the
Part, which makes a reference to a section "of this act", when  used  in
connection  with  that particular component, shall be deemed to mean and
refer to the corresponding section of the Part in  which  it  is  found.
Section  four  of this act sets forth the general effective date of this
act.
  S 2. Parts A through I of this act shall be known and may be cited  as
the "Women's Equality act".

                                 PART A

  Section  1. Subdivision 1 of section 194 of the labor law, as added by
chapter 548 of the laws of 1966, is amended and three  new  subdivisions
2, 3 and 4 are added to read as follows:
  1.  No  employee  shall be paid a wage at a rate less than the rate at
which an employee of the opposite sex in the same establishment is  paid
for  equal  work on a job the performance of which requires equal skill,
effort and responsibility, and which is performed under similar  working
conditions,  except  where  payment  is  made pursuant to a differential
based on:
  a. a seniority system;
  b. a merit system;
  c. a  system  which  measures  earnings  by  quantity  or  quality  of
production; or
  d.  [any  other  factor  other than sex] A BONA FIDE FACTOR OTHER THAN
SEX, SUCH AS EDUCATION, TRAINING, OR EXPERIENCE.  SUCH FACTOR: (I) SHALL
NOT BE BASED UPON OR DERIVED FROM A SEX-BASED  DIFFERENTIAL  IN  COMPEN-
SATION;  AND  (II)  SHALL BE JOB-RELATED WITH RESPECT TO THE POSITION IN
QUESTION AND SHALL BE CONSISTENT WITH BUSINESS NECESSITY. SUCH EXCEPTION
UNDER THIS PARAGRAPH SHALL NOT APPLY WHEN THE EMPLOYEE DEMONSTRATES  (A)
THAT  AN  EMPLOYER  USES  A PARTICULAR EMPLOYMENT PRACTICE THAT CAUSES A
DISPARATE IMPACT ON THE BASIS OF SEX, (B) THAT AN ALTERNATIVE EMPLOYMENT
PRACTICE EXISTS THAT WOULD SERVE  THE  SAME  BUSINESS  PURPOSE  AND  NOT
PRODUCE  SUCH  DIFFERENTIAL,  AND  (C)  THAT THE EMPLOYER HAS REFUSED TO
ADOPT SUCH ALTERNATIVE PRACTICE.
  2. FOR THE PURPOSE OF  SUBDIVISION  ONE  OF  THIS  SECTION,  "BUSINESS
NECESSITY"  SHALL BE DEFINED AS A FACTOR THAT BEARS A MANIFEST RELATION-
SHIP TO THE EMPLOYMENT IN QUESTION.
  3. FOR THE PURPOSES OF SUBDIVISION  ONE  OF  THIS  SECTION,  EMPLOYEES
SHALL  BE DEEMED TO WORK IN THE SAME ESTABLISHMENT IF THE EMPLOYEES WORK
FOR THE SAME EMPLOYER AT WORKPLACES LOCATED  IN  THE  SAME  GEOGRAPHICAL
REGION, NO LARGER THAN A COUNTY, TAKING INTO ACCOUNT POPULATION DISTRIB-
UTION, ECONOMIC ACTIVITY, AND/OR THE PRESENCE OF MUNICIPALITIES.

S. 5806                             4

  4.  (A)  NO  EMPLOYER SHALL PROHIBIT AN EMPLOYEE FROM INQUIRING ABOUT,
DISCUSSING, OR DISCLOSING THE WAGES OF SUCH EMPLOYEE OR ANOTHER  EMPLOY-
EE.
  (B)  AN  EMPLOYER  MAY, IN A WRITTEN POLICY PROVIDED TO ALL EMPLOYEES,
ESTABLISH REASONABLE WORKPLACE AND  WORKDAY  LIMITATIONS  ON  THE  TIME,
PLACE AND MANNER FOR INQUIRES ABOUT, DISCUSSION OF, OR THE DISCLOSURE OF
WAGES.  SUCH  LIMITATIONS SHALL BE CONSISTENT WITH STANDARDS PROMULGATED
BY THE COMMISSIONER AND SHALL BE CONSISTENT WITH  ALL  OTHER  STATE  AND
FEDERAL  LAWS. SUCH LIMITATIONS MAY INCLUDE PROHIBITING AN EMPLOYEE FROM
DISCUSSING OR DISCLOSING THE WAGES  OF  ANOTHER  EMPLOYEE  WITHOUT  SUCH
EMPLOYEE'S PRIOR PERMISSION.
  (C)  NOTHING IN THIS SUBDIVISION SHALL REQUIRE AN EMPLOYEE TO DISCLOSE
HIS OR HER WAGES.  THE FAILURE OF AN EMPLOYEE TO ADHERE TO SUCH  REASON-
ABLE  LIMITATIONS IN SUCH WRITTEN POLICY SHALL BE AN AFFIRMATIVE DEFENSE
TO ANY CLAIMS MADE AGAINST AN EMPLOYER UNDER THIS SUBDIVISION,  PROVIDED
THAT ANY ADVERSE EMPLOYMENT ACTION TAKEN BY THE EMPLOYER WAS FOR FAILURE
TO  ADHERE  TO  SUCH  REASONABLE  LIMITATIONS  AND NOT FOR MERE INQUIRY,
DISCUSSION OR DISCLOSURE OF WAGES IN  ACCORDANCE  WITH  SUCH  REASONABLE
LIMITATIONS IN SUCH WRITTEN POLICY.
  (D) THIS PROHIBITION SHALL NOT APPLY TO INSTANCES IN WHICH AN EMPLOYEE
WHO  HAS  ACCESS TO THE WAGE INFORMATION OF OTHER EMPLOYEES AS A PART OF
SUCH EMPLOYEE'S ESSENTIAL JOB FUNCTIONS  DISCLOSES  THE  WAGES  OF  SUCH
OTHER  EMPLOYEES TO INDIVIDUALS WHO DO NOT OTHERWISE HAVE ACCESS TO SUCH
INFORMATION, UNLESS SUCH DISCLOSURE IS IN RESPONSE  TO  A  COMPLAINT  OR
CHARGE,  OR  IN FURTHERANCE OF AN INVESTIGATION, PROCEEDING, HEARING, OR
ACTION UNDER THIS CHAPTER, INCLUDING AN INVESTIGATION CONDUCTED  BY  THE
EMPLOYER.
  (E)  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE RIGHTS OF
AN EMPLOYEE PROVIDED UNDER ANY OTHER  PROVISION  OF  LAW  OR  COLLECTIVE
BARGAINING AGREEMENT.
  S  2.  Subdivision  1-a of section 198 of the labor law, as amended by
chapter 564 of the laws of 2010, is amended to read as follows:
  1-a. On behalf of any employee paid less than the wage to which he  or
she  is  entitled under the provisions of this article, the commissioner
may bring any legal action necessary, including  administrative  action,
to  collect  such claim and as part of such legal action, in addition to
any other remedies and penalties otherwise available under this article,
the commissioner shall assess against the employer the  full  amount  of
any  such  underpayment, and an additional amount as liquidated damages,
unless the employer proves a good faith basis  for  believing  that  its
underpayment of wages was in compliance with the law. Liquidated damages
shall  be  calculated  by  the  commissioner as no more than one hundred
percent of the total amount of wages found to be due, EXCEPT SUCH LIQUI-
DATED DAMAGES MAY BE UP TO THREE HUNDRED PERCENT OF THE TOTAL AMOUNT  OF
THE WAGES FOUND TO BE DUE FOR A WILLFUL VIOLATION OF SECTION ONE HUNDRED
NINETY-FOUR OF THIS ARTICLE. In any action instituted in the courts upon
a  wage  claim  by an employee or the commissioner in which the employee
prevails, the court shall allow such employee to recover the full amount
of any underpayment, all reasonable attorney's fees, prejudgment  inter-
est  as required under the civil practice law and rules, and, unless the
employer proves a good faith basis to believe that its  underpayment  of
wages was in compliance with the law, an additional amount as liquidated
damages  equal  to  one hundred percent of the total amount of the wages
found to be due, EXCEPT SUCH LIQUIDATED  DAMAGES  MAY  BE  UP  TO  THREE
HUNDRED  PERCENT  OF THE TOTAL AMOUNT OF THE WAGES FOUND TO BE DUE FOR A
WILLFUL VIOLATION OF SECTION ONE HUNDRED NINETY-FOUR OF THIS ARTICLE.

S. 5806                             5

  S 3. The department of labor and the division of  human  rights  shall
make  training  available  to  assist  employers in developing training,
policies and procedures to address discrimination and harassment in  the
workplace  including,  but  not limited to issues relating to pregnancy,
familial  status, pay equity and sexual harassment.  Such training shall
take into account the needs of employers of various sizes.  The  depart-
ment  and division shall make such training available through, including
but not limited to, online means.  In developing such  training  materi-
als,  the  department and division consult with affected parties repres-
enting the interests of both employers and employees in order  to  allow
such parties to comment on the content of such training.
  S 4. This act shall take effect on the one hundred eightieth day after
it  shall have become a law; provided, however, that the commissioner of
labor may take actions necessary to allow the promulgation of  standards
pursuant  to  subdivision 4 of section 194 of the labor law, as added by
section one of this act no later than ninety days after this  act  shall
become  law;  and  provided further, however, that section three of this
act shall take effect immediately.

                                 PART B

  Section 1. Subdivision 5 of section  292  of  the  executive  law,  as
amended  by  chapter  481  of  the  laws  of 2010, is amended to read as
follows:
  5. The term "employer" does not include any employer with  fewer  than
four  persons  in  his  or her employ except as set forth in section two
hundred ninety-six-b of this [title] ARTICLE, PROVIDED, HOWEVER, THAT IN
THE CASE OF AN ACTION FOR DISCRIMINATION BASED ON SEX PURSUANT TO SUBDI-
VISION ONE OF SECTION TWO  HUNDRED  NINETY-SIX  OF  THIS  ARTICLE,  WITH
RESPECT TO SEXUAL HARASSMENT ONLY, THE TERM "EMPLOYER" SHALL INCLUDE ALL
EMPLOYERS WITHIN THE STATE.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

                                 PART C

  Section  1.  Subdivision  10  of  section 297 of the executive law, as
added by section 17 of part D of chapter 405 of the  laws  of  1999,  is
amended to read as follows:
  10.  With  respect  to ALL cases of HOUSING DISCRIMINATION AND housing
RELATED CREDIT discrimination only in an action  or  proceeding  at  law
under  this section or section two hundred ninety-eight of this article,
the commissioner or the court may in  its  discretion  award  reasonable
attorney's  fees  to  any prevailing or substantially prevailing party[;
provided]. WITH RESPECT TO A CLAIM OF  EMPLOYMENT  OR  CREDIT  DISCRIMI-
NATION WHERE SEX IS A BASIS OF SUCH DISCRIMINATION ONLY, IN AN ACTION OR
PROCEEDING   AT   LAW   UNDER  THIS  SECTION,  OR  SECTION  TWO  HUNDRED
NINETY-EIGHT OF THIS ARTICLE, THE COMMISSIONER OR THE COURT MAY  IN  ITS
DISCRETION  AWARD  REASONABLE ATTORNEY'S FEES ATTRIBUTABLE TO SUCH CLAIM
TO ANY PREVAILING PARTY, however,  [that]  a  prevailing  respondent  or
defendant  in order to recover such reasonable attorney's fees must make
a motion requesting such fees and show that  the  action  or  proceeding
brought  was  frivolous;  and  further  [provided  that] in a proceeding
brought in the division of human rights, the commissioner may only award
attorney's fees as part of a final order after  a  public  hearing  held
pursuant  to  subdivision  four of this section. In no case shall attor-

S. 5806                             6

ney's fees be awarded to the division, nor shall the division be  liable
to  a  prevailing or substantially prevailing party for attorney's fees,
except in a case in which the division is a party to the action  or  the
proceeding  in the division's capacity as an employer.  In order to find
the action or proceeding to be frivolous, the court or the  commissioner
must find in writing one or more of the following:
  (a)  the  action or proceeding was commenced, used or continued in bad
faith, solely to delay or prolong the resolution of the litigation or to
harass or maliciously injure another; or
  (b) the action or proceeding was commenced or continued in  bad  faith
without  any reasonable basis and could not be supported by a good faith
argument for an extension, modification or reversal of existing law.  If
the  action  or  proceeding  was promptly discontinued when the party or
attorney learned or should have learned that the  action  or  proceeding
lacked such a reasonable basis, the court may find that the party or the
attorney did not act in bad faith.
  S  2.  Paragraph  c of subdivision 7 of section 296-a of the executive
law, as amended by chapter 632 of the laws of 1976, is amended  to  read
as follows:
  c.  If  the  superintendent finds that a violation of this section has
occurred, the superintendent shall issue an order which shall do one  or
more of the following:
  (1)  impose a fine in an amount not to exceed ten thousand dollars for
each violation, to be paid to the people of the state of New York;
  (2) award  compensatory  damages  to  the  person  aggrieved  by  such
violation;
  (3)  FOR  A  CLAIM OF SEX DISCRIMINATION ONLY, AWARD REASONABLE ATTOR-
NEY'S FEES ATTRIBUTABLE TO SUCH CLAIM TO ANY PREVAILING PARTY; PROVIDED,
HOWEVER, THAT A PREVAILING RESPONDENT OR DEFENDANT IN ORDER  TO  RECOVER
SUCH  REASONABLE ATTORNEY'S FEES MUST MAKE A MOTION REQUESTING SUCH FEES
AND SHOW THAT THE ACTION OR PROCEEDING BROUGHT WAS FRIVOLOUS. IN NO CASE
SHALL ATTORNEY'S FEES BE  AWARDED  TO  THE  DEPARTMENT,  NOR  SHALL  THE
DEPARTMENT BE LIABLE TO A PREVAILING PARTY FOR ATTORNEY'S FEES. IN ORDER
TO  FIND  THE  ACTION  OR PROCEEDING TO BE FRIVOLOUS, THE SUPERINTENDENT
MUST FIND IN WRITING ONE OR MORE OF THE FOLLOWING:
  (A) THE ACTION OR PROCEEDING WAS COMMENCED, USED OR CONTINUED  IN  BAD
FAITH, SOLELY TO DELAY OR PROLONG THE RESOLUTION OF THE LITIGATION OR TO
HARASS OR MALICIOUSLY INJURE ANOTHER; OR
  (B)  THE  ACTION OR PROCEEDING WAS COMMENCED OR CONTINUED IN BAD FAITH
WITHOUT ANY REASONABLE BASIS AND COULD NOT BE SUPPORTED BY A GOOD  FAITH
ARGUMENT  FOR AN EXTENSION, MODIFICATION OR REVERSAL OF EXISTING LAW. IF
THE ACTION OR PROCEEDING WAS PROMPTLY DISCONTINUED  WHEN  THE  PARTY  OR
ATTORNEY  LEARNED  OR  SHOULD HAVE LEARNED THAT THE ACTION OR PROCEEDING
LACKED SUCH A REASONABLE BASIS, THE COURT MAY FIND THAT THE PARTY OR THE
ATTORNEY DID NOT ACT IN BAD FAITH.
  (4) require the regulated creditor  to  cease  and  desist  from  such
unlawful discriminatory practices;
  [(4)] (5) require the regulated creditor to take such further affirma-
tive  action as will effectuate the purposes of this section, including,
but not limited to, granting the credit which was  the  subject  of  the
complaint.
  S 3. This act shall take effect on the one hundred eightieth day after
it  shall  have become a law, and shall apply to actions commenced on or
after such date.

                                 PART D

S. 5806                             7

  Section 1. Subdivisions 1 and 1-a of section 296 of the executive law,
as amended by chapter 803 of the laws of 1975, paragraph (a) of subdivi-
sion 1 as amended by chapter 80 of the laws of 2009, paragraphs (b), (c)
and (d) of subdivision 1 as amended by chapter 75 of the laws  of  2005,
paragraph  (e) of subdivision 1 as amended by chapter 166 of the laws of
2000, paragraph (g) of subdivision 1 as added by chapter 98 of the  laws
of 1984 and paragraphs (b), (c) and (d) of subdivision 1-a as amended by
chapter 106 of the laws of 2003, are amended to read as follows:
  1. It shall be an unlawful discriminatory practice:
  (a)  For  an  employer or licensing agency, because of an individual's
age, race, creed, color, national origin, sexual  orientation,  military
status,  sex, disability, predisposing genetic characteristics, FAMILIAL
STATUS, marital status, or domestic violence victim status, to refuse to
hire or employ or to bar or to discharge from employment such individual
or to discriminate against such individual in compensation or in  terms,
conditions or privileges of employment.
  (b)  For  an  employment agency to discriminate against any individual
because of age, race, creed, color, national origin, sexual orientation,
military status, sex, disability, predisposing genetic  characteristics,
FAMILIAL STATUS, or marital status, in receiving, classifying, disposing
or  otherwise  acting upon applications for its services or in referring
an applicant or applicants to an employer or employers.
  (c) For a labor organization, because of the age, race, creed,  color,
national  origin,  sexual orientation, military status, sex, disability,
predisposing genetic characteristics, FAMILIAL STATUS, or marital status
of any individual, to exclude or to expel from its membership such indi-
vidual or to discriminate in any way  against  any  of  its  members  or
against any employer or any individual employed by an employer.
  (d)  For  any  employer  or employment agency to print or circulate or
cause to be printed or circulated any statement, advertisement or publi-
cation, or to use any form of application for employment or to make  any
inquiry  in  connection  with  prospective  employment,  which expresses
directly or indirectly, any limitation, specification or  discrimination
as  to  age,  race,  creed,  color, national origin, sexual orientation,
military status, sex, disability, predisposing genetic  characteristics,
FAMILIAL STATUS, or marital status, or any intent to make any such limi-
tation,  specification  or discrimination, unless based upon a bona fide
occupational qualification; provided, however, that neither  this  para-
graph  nor any provision of this chapter or other law shall be construed
to prohibit the department of civil service or the department of person-
nel of any city containing more than one county from requesting informa-
tion from applicants for civil service examinations  concerning  any  of
the  aforementioned  characteristics, other than sexual orientation, for
the purpose of conducting studies to identify and resolve possible prob-
lems in recruitment and testing of members of minority groups to  insure
the fairest possible and equal opportunities for employment in the civil
service for all persons, regardless of age, race, creed, color, national
origin, sexual orientation, military status, sex, disability, predispos-
ing genetic characteristics, FAMILIAL STATUS, or marital status.
  (e)  For  any  employer,  labor  organization  or employment agency to
discharge, expel or otherwise discriminate against any person because he
or she has opposed any practices forbidden under this article or because
he or she has filed a complaint, testified or assisted in any proceeding
under this article.

S. 5806                             8

  (f) Nothing in this subdivision shall affect any restrictions upon the
activities of persons  licensed  by  the  state  liquor  authority  with
respect to persons under twenty-one years of age.
  (g)  For  an  employer to compel an employee who is pregnant to take a
leave of absence, unless the employee is  prevented  by  such  pregnancy
from  performing  the  activities involved in the job or occupation in a
reasonable manner.
  1-a. It shall be an unlawful discriminatory practice for an  employer,
labor  organization,  employment  agency  or  any joint labor-management
committee controlling apprentice training programs:
  (a) To select persons for an apprentice  training  program  registered
with the state of New York on any basis other than their qualifications,
as determined by objective criteria which permit review;
  (b)  To  deny  to  or withhold from any person because of race, creed,
color, national origin, sexual orientation, military status,  sex,  age,
disability, FAMILIAL STATUS, or marital status, the right to be admitted
to  or  participate  in  a  guidance program, an apprenticeship training
program, on-the-job training program,  executive  training  program,  or
other occupational training or retraining program;
  (c)  To  discriminate against any person in his or her pursuit of such
programs or to discriminate against such a person in the  terms,  condi-
tions  or  privileges  of  such  programs because of race, creed, color,
national origin, sexual orientation, military status, sex, age, disabil-
ity, FAMILIAL STATUS or marital status;
  (d) To print or circulate or cause to be  printed  or  circulated  any
statement,  advertisement or publication, or to use any form of applica-
tion for such programs or to make any inquiry in  connection  with  such
program  which  expresses, directly or indirectly, any limitation, spec-
ification or discrimination as to race, creed, color,  national  origin,
sexual  orientation,  military  status,  sex,  age, disability, FAMILIAL
STATUS or marital status, or any intention to make any such  limitation,
specification  or  discrimination,  unless  based on a bona fide occupa-
tional qualification.
  S 2. Paragraph (a) of subdivision 9 of section 296  of  the  executive
law,  as  amended by chapter 106 of the laws of 2003, is amended to read
as follows:
  (a) It shall be an  unlawful  discriminatory  practice  for  any  fire
department or fire company therein, through any member or members there-
of, officers, board of fire commissioners or other body or office having
power  of appointment of volunteer firefighters, directly or indirectly,
by ritualistic practice, constitutional or by-law prescription, by tacit
agreement among its members, or otherwise, to  deny  to  any  individual
membership  in any volunteer fire department or fire company therein, or
to expel or discriminate against any volunteer member of a fire  depart-
ment  or  fire  company  therein,  because  of  the  race, creed, color,
national origin, sexual orientation, military status, sex [or],  marital
status, OR FAMILIAL STATUS, of such individual.
  S 3. Subdivision 13 of section 296 of the executive law, as amended by
chapter 196 of the laws of 2010, is amended to read as follows:
  13. It shall be an unlawful discriminatory practice (i) for any person
to  boycott  or  blacklist,  or  to refuse to buy from, sell to or trade
with, or otherwise discriminate against any person, because of the race,
creed, color, national origin, sexual orientation, military status, sex,
[or] disability, OR FAMILIAL STATUS, of such person, or of such person's
partners, members, stockholders, directors, officers,  managers,  super-
intendents, agents, employees, business associates, suppliers or custom-

S. 5806                             9

ers, or (ii) for any person wilfully to do any act or refrain from doing
any act which enables any such person to take such action. This subdivi-
sion shall not apply to:
  (a) Boycotts connected with labor disputes; or
  (b) Boycotts to protest unlawful discriminatory practices.
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

                                 PART E

  Section  1.  On or before January 1, 2015, the division of housing and
community renewal, as the public housing authority for all local Section
8 housing choice voucher programs under its purview,  shall  review  the
Section  8  Housing  Choice  Voucher  Administrative  Plan and implement
modifications to increase the participation of  landlords  and  property
owners.  Such  modifications,  which  shall  comply  with all applicable
federal requirements, may include, but shall not be limited to:  expand-
ing the portability of Section 8 vouchers for domestic violence victims;
creating  a state-sponsored special-purpose mobility counseling program;
enhancing means of connecting voucher holders to approved landlords; and
eliminating delays in housing quality standard inspections.
  S 2. This act shall take effect immediately.

                                 PART F

  Section 1. Paragraph b of subdivision 3 of section 240 of the domestic
relations law, as amended by chapter 597 of the laws of 1998, is amended
and a new paragraph i is added to read as follows:
  b. An order of protection entered pursuant to this  subdivision  shall
bear  in  a  conspicuous  manner,  on  the front page of said order, the
language "Order of protection issued pursuant  to  section  two  hundred
forty of the domestic relations law". THE ORDER OF PROTECTION SHALL ALSO
CONTAIN  THE  FOLLOWING NOTICE: "THIS ORDER OF PROTECTION WILL REMAIN IN
EFFECT EVEN IF THE PROTECTED PARTY HAS, OR CONSENTS TO HAVE, CONTACT  OR
COMMUNICATION  WITH  THE  PARTY  AGAINST  WHOM THE ORDER IS ISSUED. THIS
ORDER OF PROTECTION CAN ONLY BE MODIFIED OR TERMINATED BY THE COURT. THE
PROTECTED PARTY CANNOT BE HELD TO VIOLATE THIS ORDER NOR BE ARRESTED FOR
VIOLATING THIS ORDER.". The absence of such language  shall  not  affect
the validity of such order.  The presentation of a copy of such an order
to  any  peace  officer acting pursuant to his or her special duties, or
police officer, shall constitute authority, for that officer to arrest a
person when that person has violated the terms of  such  an  order,  and
bring such person before the court and, otherwise, so far as lies within
the  officer's  power,  to aid in securing the protection such order was
intended to afford.
  I. THE PROTECTED PARTY IN WHOSE  FAVOR  THE  ORDER  OF  PROTECTION  OR
TEMPORARY  ORDER OF PROTECTION IS ISSUED MAY NOT BE HELD TO VIOLATE SUCH
AN ORDER NOR MAY SUCH PROTECTED PARTY BE  ARRESTED  FOR  VIOLATING  SUCH
ORDER.
  S  2.  Subdivision  2 of section 252 of the domestic relations law, as
added by chapter 349 of the laws of 1995, is amended and a new  subdivi-
sion 9-a is added to read as follows:
  2.  An  order of protection entered pursuant to this subdivision shall
bear in a conspicuous manner, on the  front  page  of  said  order,  the
language  "Order  of  protection  issued pursuant to section two hundred
fifty-two of the domestic relations law".  THE ORDER OF PROTECTION SHALL

S. 5806                            10

ALSO CONTAIN THE FOLLOWING NOTICE: "THIS ORDER OF PROTECTION WILL REMAIN
IN EFFECT EVEN IF THE PROTECTED PARTY HAS, OR CONSENTS TO HAVE,  CONTACT
OR  COMMUNICATION WITH THE PARTY AGAINST WHOM THE ORDER IS ISSUED.  THIS
ORDER OF PROTECTION CAN ONLY BE MODIFIED OR TERMINATED BY THE COURT. THE
PROTECTED PARTY CANNOT BE HELD TO VIOLATE THIS ORDER NOR BE ARRESTED FOR
VIOLATING  THIS  ORDER.".  The absence of such language shall not affect
the validity of such order.  The presentation of a copy of such an order
to any peace officer acting pursuant to his or her  special  duties,  or
police officer, shall constitute authority, for that officer to arrest a
person  when  that  person  has violated the terms of such an order, and
bring such person before the court and, otherwise, so far as lies within
the officer's power, to aid in securing the protection  such  order  was
intended to afford.
  9-A.    THE  PROTECTED PARTY IN WHOSE FAVOR THE ORDER OF PROTECTION OR
TEMPORARY ORDER OF PROTECTION IS ISSUED MAY NOT BE HELD  TO  VIOLATE  AN
ORDER  ISSUED  IN  HIS  OR  HER  FAVOR  NOR  MAY SUCH PROTECTED PARTY BE
ARRESTED FOR VIOLATING SUCH ORDER.
  S 3. Section 155 of the family court act is amended by  adding  a  new
subdivision 3 to read as follows:
  3.  THE  PROTECTED  PARTY  IN  WHOSE  FAVOR THE ORDER OF PROTECTION OR
TEMPORARY ORDER OF PROTECTION IS ISSUED MAY NOT BE HELD  TO  VIOLATE  AN
ORDER  ISSUED  IN  HIS  OR  HER  FAVOR  NOR  MAY SUCH PROTECTED PARTY BE
ARRESTED FOR VIOLATING SUCH ORDER.
  S 4. Subdivision 3 of section 168 of the family court act, as added by
chapter 164 of the laws of 1989, is amended to read as follows:
  3. Any order of protection or temporary order of protection issued  by
the  family  court shall bear, in a conspicuous manner, the language, as
the case may be, "this order constitutes  an  order  of  protection"  or
"this  order  constitutes a temporary order of protection", on the front
page of said order.   THE ORDER OF  PROTECTION  OR  TEMPORARY  ORDER  OF
PROTECTION  SHALL  ALSO  CONTAIN  THE  FOLLOWING  NOTICE: "THIS ORDER OF
PROTECTION WILL REMAIN IN EFFECT EVEN IF THE  PROTECTED  PARTY  HAS,  OR
CONSENTS  TO  HAVE, CONTACT OR COMMUNICATION WITH THE PARTY AGAINST WHOM
THE ORDER IS ISSUED.  THIS ORDER OF PROTECTION CAN ONLY BE  MODIFIED  OR
TERMINATED  BY  THE COURT. THE PROTECTED PARTY CANNOT BE HELD TO VIOLATE
THIS ORDER NOR BE ARRESTED FOR VIOLATING THIS ORDER.".  The  absence  of
such language shall not affect the validity of such order.
  S  5.  Section  446 of the family court act is amended by adding a new
closing paragraph to read as follows:
  THE PROTECTED PARTY IN WHOSE FAVOR THE ORDER OF PROTECTION  OR  TEMPO-
RARY  ORDER  OF PROTECTION IS ISSUED MAY NOT BE HELD TO VIOLATE AN ORDER
ISSUED IN HIS OR HER FAVOR NOR MAY SUCH PROTECTED PARTY BE ARRESTED  FOR
VIOLATING SUCH ORDER.
  S  6.  Section  551 of the family court act is amended by adding a new
closing paragraph to read as follows:
  THE PROTECTED PARTY IN WHOSE FAVOR THE ORDER OF PROTECTION  OR  TEMPO-
RARY  ORDER  OF PROTECTION IS ISSUED MAY NOT BE HELD TO VIOLATE AN ORDER
ISSUED IN HIS OR HER FAVOR NOR MAY SUCH PROTECTED PARTY BE ARRESTED  FOR
VIOLATING SUCH ORDER.
  S  7.  Section  656 of the family court act is amended by adding a new
closing paragraph to read as follows:
  THE PROTECTED PARTY IN WHOSE FAVOR THE ORDER OF PROTECTION  OR  TEMPO-
RARY  ORDER  OF PROTECTION IS ISSUED MAY NOT BE HELD TO VIOLATE AN ORDER
ISSUED IN HIS OR HER FAVOR NOR MAY SUCH PROTECTED PARTY BE ARRESTED  FOR
VIOLATING SUCH ORDER.

S. 5806                            11

  S  8.  Section  759 of the family court act is amended by adding a new
closing paragraph to read as follows:
  THE  PROTECTED  PARTY IN WHOSE FAVOR THE ORDER OF PROTECTION OR TEMPO-
RARY ORDER OF PROTECTION IS ISSUED MAY NOT BE HELD TO VIOLATE  AN  ORDER
ISSUED  IN HIS OR HER FAVOR NOR MAY SUCH PROTECTED PARTY BE ARRESTED FOR
VIOLATING SUCH ORDER.
  S 9. Section 842 of the family court act is amended by  adding  a  new
closing paragraph to read as follows:
  THE  PROTECTED  PARTY IN WHOSE FAVOR THE ORDER OF PROTECTION OR TEMPO-
RARY ORDER OF PROTECTION IS ISSUED MAY NOT BE HELD TO VIOLATE  AN  ORDER
ISSUED  IN HIS OR HER FAVOR NOR MAY SUCH PROTECTED PARTY BE ARRESTED FOR
VIOLATING SUCH ORDER.
  S 10. Section 846 of the family court act is amended by adding  a  new
subdivision (a-1) to read as follows: (A-1) THE PROTECTED PARTY IN WHOSE
FAVOR THE ORDER OF PROTECTION OR TEMPORARY ORDER OF PROTECTION IS ISSUED
MAY  NOT  BE HELD TO VIOLATE AN ORDER ISSUED IN HIS OR HER FAVOR NOR MAY
SUCH PROTECTED PARTY BE ARRESTED FOR VIOLATING SUCH ORDER.
  S 11. Section 1056 of the family court act is amended by adding a  new
subdivision 7 to read as follows:
  7.  THE  PROTECTED  PARTY  IN  WHOSE  FAVOR THE ORDER OF PROTECTION OR
TEMPORARY ORDER OF PROTECTION IS ISSUED MAY NOT BE HELD  TO  VIOLATE  AN
ORDER  ISSUED  IN  HIS  OR  HER  FAVOR  NOR  MAY SUCH PROTECTED PARTY BE
ARRESTED FOR VIOLATING SUCH ORDER.
  S 12. Subdivision 4 of section 140.10 of the criminal procedure law is
amended by adding  a  new  second  undesignated  paragraph  to  read  as
follows:
  THE  PROTECTED  PARTY IN WHOSE FAVOR THE ORDER OF PROTECTION OR TEMPO-
RARY ORDER OF PROTECTION IS ISSUED MAY NOT BE HELD TO VIOLATE  AN  ORDER
ISSUED  IN HIS OR HER FAVOR NOR MAY SUCH PROTECTED PARTY BE ARRESTED FOR
VIOLATING SUCH ORDER.
  S 13. Subdivisions 6 and 8 of section 530.12 of the criminal procedure
law, subdivision 6 as amended by chapter 164 of the laws  of  1989,  the
closing  paragraph  of subdivision 6 as added by chapter 222 of the laws
of 1994 and subdivision 8 as amended by section 81 of subpart B of  part
C of chapter 62 of the laws of 2011, are amended to read as follows:
  6.  An  order  of protection or a temporary order of protection issued
pursuant to subdivision one, two, three, four or five  of  this  section
shall  bear  in  a  conspicuous manner the term "order of protection" or
"temporary order of protection" as the case may be and a copy  shall  be
filed  by the clerk of the court with the sheriff's office in the county
in which the complainant resides, or, if the complainant resides  within
a  city,  with  the  police  department  of  such  city.    THE ORDER OF
PROTECTION OR TEMPORARY ORDER  OF  PROTECTION  SHALL  ALSO  CONTAIN  THE
FOLLOWING  NOTICE:  "THIS ORDER OF PROTECTION WILL REMAIN IN EFFECT EVEN
IF THE PROTECTED PARTY HAS, OR CONSENTS TO  HAVE,  CONTACT  OR  COMMUNI-
CATION  WITH  THE PARTY AGAINST WHOM THE ORDER IS ISSUED.  THIS ORDER OF
PROTECTION CAN  ONLY  BE  MODIFIED  OR  TERMINATED  BY  THE  COURT.  THE
PROTECTED PARTY CANNOT BE HELD TO VIOLATE THIS ORDER NOR BE ARRESTED FOR
VIOLATING  THIS  ORDER.".  The absence of such language shall not affect
the validity of such order.   A copy of  such  order  of  protection  or
temporary  order  of  protection  may  from time to time be filed by the
clerk of the court with any other police department or sheriff's  office
having  jurisdiction  of the residence, work place, and school of anyone
intended to be protected by such order. A copy of the order may also  be
filed  by  the complainant at the appropriate police department or sher-

S. 5806                            12

iff's office having jurisdiction. Any subsequent amendment or revocation
of such order shall be filed in the same manner as herein provided.
  Such  order of protection shall plainly state the date that such order
expires.
  8. In any proceeding in which an  order  of  protection  or  temporary
order of protection or a warrant has been issued under this section, the
clerk  of  the  court  shall  issue to the complainant and defendant and
defense counsel and to any other person affected by the order a copy  of
the order of protection or temporary order of protection and ensure that
a  copy  of  the order of protection or temporary order of protection be
transmitted to the local correctional facility where the  individual  is
or  will be detained, the state or local correctional facility where the
individual is or will  be  imprisoned,  and  the  supervising  probation
department  or department of corrections and community supervision where
the individual is under probation or parole supervision.  The  presenta-
tion  of  a  copy of such order or a warrant to any peace officer acting
pursuant to his or her special duties or police officer shall constitute
authority for him or her to arrest a person who has violated  the  terms
of  such order and bring such person before the court and, otherwise, so
far as lies within his or her power, to aid in securing  the  protection
such  order  was intended to afford.  THE PROTECTED PARTY IN WHOSE FAVOR
THE ORDER OF PROTECTION OR TEMPORARY ORDER OF PROTECTION IS  ISSUED  MAY
NOT  BE HELD TO VIOLATE AN ORDER ISSUED IN HIS OR HER FAVOR NOR MAY SUCH
PROTECTED PARTY BE ARRESTED FOR VIOLATING SUCH ORDER.
  S 14. This act shall take effect immediately and shall  apply  to  all
orders  of protection regardless of when such orders were issued, except
that:
  (a) the amendments to paragraph b of subdivision 3 of section  240  of
the  domestic  relations law made by section one of this act, the amend-
ments to subdivision 2 of section 252 of the domestic relations law made
by section two of this act, the amendments to subdivision 3  of  section
168  of  the  family court act made by section four of this act, and the
amendments to subdivision 6 of section 530.12 of the criminal  procedure
law  made by section thirteen of this act shall take effect on the nine-
tieth day after this act shall have become a law,  and  shall  apply  to
orders of protection issued on or after such effective date; and
  (b)  the amendments to subdivision 4 of section 140.10 of the criminal
procedure law, made by section twelve of this act, shall not affect  the
repeal of such subdivision, and shall be deemed repealed therewith.

                                 PART G

  Section  1. Section 153-c of the family court act, as added by chapter
416 of the laws of 1981, is amended to read as follows:
  S 153-c. Temporary order of protection. (A) Any  person  appearing  at
family  court  when  the  court  is open requesting a temporary order of
protection under any article of this act shall be  entitled  to  file  a
petition  without delay on the same day such person first appears at the
family court, and a hearing on that request shall be held  on  the  same
day  or  the next day that the family court is open following the filing
of such petition.
  (B) AS PROVIDED IN  THIS  SECTION,  THE  CHIEF  ADMINISTRATOR  OF  THE
COURTS, WITH THE APPROVAL OF THE ADMINISTRATIVE BOARD OF THE COURTS, MAY
PROMULGATE  RULES  TO  ESTABLISH  AND  IMPLEMENT A PILOT PROGRAM FOR THE
FILING OF PETITIONS FOR TEMPORARY ORDERS  OF  PROTECTION  BY  ELECTRONIC
MEANS AND FOR THE ISSUANCE OF SUCH ORDERS EX PARTE BY AUDIO-VISUAL MEANS

S. 5806                            13

IN  ORDER  TO ACCOMMODATE LITIGANTS FOR WHOM ATTENDANCE AT COURT TO FILE
FOR, AND OBTAIN, EMERGENCY RELIEF WOULD CONSTITUTE AN UNDUE HARDSHIP  OR
TO  ACCOMMODATE  LITIGANTS,  FOR  WHOM TRAVELING TO AND APPEARING IN THE
COURTHOUSE  TO  OBTAIN  EMERGENCY RELIEF, CREATES A RISK OF HARM TO SUCH
LITIGANT.
  (1) DEFINITIONS. AS USED IN THIS SECTION:
  (I) "ELECTRONIC MEANS" MEANS ANY METHOD OF TRANSMISSION OF INFORMATION
BETWEEN COMPUTERS OR OTHER MACHINES DESIGNED FOR THE PURPOSE OF  SENDING
AND  RECEIVING  SUCH  TRANSMISSIONS,  AND  WHICH ALLOWS THE RECIPIENT TO
REPRODUCE  THE  INFORMATION  TRANSMITTED  IN  A   TANGIBLE   MEDIUM   OF
EXPRESSION.
  (II)  "INDEPENDENT AUDIO-VISUAL SYSTEM" MEANS AN ELECTRONIC SYSTEM FOR
THE TRANSMISSION AND RECEIVING OF AUDIO AND VISUAL SIGNALS, ENCOMPASSING
ENCODED SIGNALS, FREQUENCY DOMAIN MULTIPLEXING OR OTHER  SUITABLE  MEANS
TO  PRECLUDE  THE  UNAUTHORIZED RECEPTION AND DECODING OF THE SIGNALS BY
COMMERCIALLY AVAILABLE  TELEVISION  RECEIVERS,  CHANNEL  CONVERTERS,  OR
OTHER AVAILABLE RECEIVING DEVICES.
  (III) "ELECTRONIC APPEARANCE" MEANS AN APPEARANCE IN WHICH ONE OR MORE
OF  THE  PARTIES ARE NOT PRESENT IN THE COURT, BUT IN WHICH, BY MEANS OF
AN INDEPENDENT AUDIO-VISUAL SYSTEM, ALL OF THE PARTICIPANTS  ARE  SIMUL-
TANEOUSLY ABLE TO SEE AND HEAR REPRODUCTIONS OF THE VOICES AND IMAGES OF
THE JUDGE, COUNSEL, PARTIES, WITNESSES, IF ANY AND OTHER PARTICIPANTS.
  (2)  DEVELOPMENT OF A PILOT PROGRAM. A PLAN FOR A PILOT PROGRAM PURSU-
ANT TO THIS SECTION SHALL BE DEVELOPED BY THE CHIEF ADMINISTRATOR OF THE
COURTS OR HIS OR HER DELEGATE IN CONSULTATION WITH  ONE  OR  MORE  LOCAL
PROGRAMS  PROVIDING  ASSISTANCE  TO  VICTIMS  OF  DOMESTIC VIOLENCE, THE
OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE, AND ATTORNEYS WHO REPRE-
SENT FAMILY OFFENSE PETITIONS.   THE PLAN  SHALL  INCLUDE,  BUT  IS  NOT
LIMITED TO:
  (I)  IDENTIFICATION OF ONE OR MORE FAMILY JUSTICE CENTERS OR ORGANIZA-
TIONS OR AGENCIES OR OTHER SITES OUTSIDE OF THE LOCAL FAMILY COURT  THAT
ARE EQUIPPED WITH, OR HAVE ACCESS TO, AN INDEPENDENT AUDIO-VISUAL SYSTEM
AND  ELECTRONIC  MEANS FOR FILING DOCUMENTS THAT ARE COMPATIBLE WITH THE
EQUIPMENT IN THE LOCAL FAMILY COURT, WITH  CONSIDERATION  GIVEN  TO  THE
LOCATION OF SUCH SITE OR SITES AND AVAILABLE RESOURCES; AND
  (II)  IDENTIFICATION  OF  ONE OR MORE LICENSED AND CERTIFIED ORGANIZA-
TIONS, AGENCIES OR ENTITIES  WITH  ADVOCATES  FOR  VICTIMS  OF  DOMESTIC
VIOLENCE WHO ARE TRAINED, AND AVAILABLE TO ASSIST PETITIONERS IN PREPAR-
ING AND FILING PETITIONS FOR TEMPORARY ORDERS OF PROTECTION AND IN THEIR
ELECTRONIC  APPEARANCES  BEFORE  THE FAMILY COURT TO OBTAIN SUCH ORDERS;
AND
  (III) IDENTIFICATION OF THE  EXISTING  RESOURCES  AVAILABLE  IN  LOCAL
FAMILY COURTS FOR THE IMPLEMENTATION AND OVERSIGHT OF THE PILOT PROGRAM;
AND
  (IV)  DELINEATION  OF PROCEDURES FOR FILING OF THE PETITIONS AND DOCU-
MENTS, IF ANY, BY ELECTRONIC MEANS, SWEARING IN THE PETITIONERS AND  ANY
WITNESSES,   PREPARATION   OF  A  VERBATIM  TRANSCRIPTION  OF  TESTIMONY
PRESENTED AND A RECORD OF EVIDENCE ADDUCED AND  PROMPT  TRANSMISSION  OF
ANY ORDERS ISSUED TO THE PETITIONERS; AND
  (V)  A  TIMETABLE FOR IMPLEMENTATION OF THE PILOT PROGRAM AND PLAN FOR
INFORMING THE PUBLIC OF ITS AVAILABILITY; AND
  (VI) A DESCRIPTION OF DATA TO BE COLLECTED IN ORDER TO  EVALUATE  AND,
IF  NECESSARY,  MAKE  RECOMMENDATIONS  FOR  IMPROVEMENTS  TO  THE  PILOT
PROGRAM.
  (3) FILING BY ELECTRONIC MEANS.  IN  CONJUNCTION  WITH  AN  ELECTRONIC
APPEARANCE UNDER THIS SECTION, PETITIONERS FOR EX PARTE TEMPORARY ORDERS

S. 5806                            14

OF  PROTECTION  MAY,  WITH THE ASSISTANCE OF TRAINED ADVOCATES, COMMENCE
THE PROCEEDINGS BY FILING PETITIONS BY ELECTRONIC MEANS.
  (I) A PETITIONER WHO SEEKS A TEMPORARY ORDER OF PROTECTION EX PARTE BY
USE  OF AN ELECTRONIC APPEARANCE MUST FILE A PETITION IN ADVANCE OF SUCH
APPEARANCE AND MAY DO SO BY ELECTRONIC MEANS.  THE PETITIONER SHALL  SET
FORTH THE CIRCUMSTANCES IN WHICH TRAVELING TO OR APPEARING IN THE COURT-
HOUSE  WOULD  CONSTITUTE  AN UNDUE HARDSHIP, OR CREATE A RISK OF HARM TO
THE PETITIONER. IN GRANTING OR DENYING THE RELIEF SOUGHT  BY  THE  PETI-
TIONER, THE COURT SHALL STATE THE NAMES OF ALL PARTICIPANTS, AND WHETHER
IT  IS  GRANTING  OR  DENYING  AN APPEARANCE BY ELECTRONIC MEANS AND THE
BASIS FOR SUCH DETERMINATION; PROVIDED, HOWEVER, THAT  NOTHING  IN  THIS
SECTION SHALL BE CONSTRUED TO COMPEL A PARTY TO FILE A PETITION OR OTHER
DOCUMENT  BY  ELECTRONIC  MEANS  OR TO TESTIFY BY MEANS OF AN ELECTRONIC
APPEARANCE.
  (II) NOTHING IN THIS SECTION SHALL AFFECT OR CHANGE ANY EXISTING  LAWS
GOVERNING  THE  SERVICE  OF PROCESS, INCLUDING REQUIREMENTS FOR PERSONAL
SERVICE, OR THE SEALING AND CONFIDENTIALITY OF COURT RECORDS  IN  FAMILY
COURT  PROCEEDINGS,  OR  ACCESS  TO COURT RECORDS BY THE PARTIES TO SUCH
PROCEEDINGS.
  (4) (I) ALL ELECTRONIC APPEARANCES BY  PETITIONERS  SEEKING  TEMPORARY
ORDERS  OF  PROTECTION  EX  PARTE  UNDER  THIS SECTION SHALL BE STRICTLY
VOLUNTARY AND THE CONSENT OF SUCH PETITIONERS  SHALL  BE  GIVEN  ON  THE
RECORD AT THE COMMENCEMENT OF EACH APPEARANCE.
  (II)  APPEARANCES  TAKEN  THROUGH  THE USE OF AN ELECTRONIC APPEARANCE
UNDER THIS SECTION SHALL BE RECORDED AND  PRESERVED  FOR  TRANSCRIPTION.
DOCUMENTARY  EVIDENCE,  IF ANY, REFERRED TO BY A PARTY OR WITNESS OR THE
COURT MAY BE TRANSMITTED AND  SUBMITTED  AND  INTRODUCED  BY  ELECTRONIC
MEANS.
  S  2.  Subdivision 2 of section 212 of the judiciary law is amended by
adding a new paragraph (s) to read as follows:
  (S) HAVE THE POWER TO ESTABLISH  PILOT  PROGRAMS  FOR  THE  FILING  OF
PETITIONS FOR TEMPORARY ORDERS OF PROTECTION BY ELECTRONIC MEANS AND FOR
THE  ISSUANCE  OF SUCH ORDERS BY AUDIO-VISUAL MEANS PURSUANT TO SUBDIVI-
SION (B) OF SECTION ONE HUNDRED FIFTY-THREE-C OF THE FAMILY  COURT  ACT.
THE CHIEF ADMINISTRATOR SHALL MAINTAIN AN UP-TO-DATE AND PUBLICLY-AVAIL-
ABLE  LISTING  OF  THE  SITES, IF ANY, AT WHICH SUCH APPLICATIONS FOR EX
PARTE TEMPORARY ORDERS OF PROTECTION MAY BE FILED, AND  AT  WHICH  ELEC-
TRONIC  APPEARANCES  IN  SUPPORT  OF SUCH APPLICATIONS MAY BE SOUGHT, IN
ACCORDANCE WITH SUCH SECTION ONE HUNDRED  FIFTY-THREE-C  OF  THE  FAMILY
COURT  ACT.    IN DEVELOPING SUCH PILOT PROGRAM, THE CHIEF ADMINISTRATOR
SHALL STRIVE FOR A PROGRAM THAT IS REGIONALLY DIVERSE,  AND  TAKES  INTO
CONSIDERATION,  AMONG OTHER THINGS, THE AVAILABILITY OF PUBLIC TRANSPOR-
TATION, POPULATION  DENSITY  AND  THE  AVAILABILITY  OF  FACILITIES  FOR
CONDUCTING SUCH PROGRAM.
  S  3. Section 648 of the executive law, as added by chapter 893 of the
laws of 1986, is amended to read as follows:
  S 648. Review; report and implementation. 1. The  chief  administrator
of  the  unified  court system shall review court practices, procedures,
services, regulations and laws to determine the adequacy  and  appropri-
ateness of its services with respect to crime victims, including victims
with  special  needs,  particularly  the elderly, disabled or victims of
child abuse, domestic violence, SEX TRAFFICKING or sex-related offenses.
Such review shall include reasonable opportunity for public comment  and
consultation  with  crime  victims  or  their  representatives,  and may
include public hearings.

S. 5806                            15

  2. After the review, and not later than two hundred seventy days after
the effective date of this section, AND NO LATER THAN TWO HUNDRED SEVEN-
TY DAYS AFTER THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOU-
SAND THIRTEEN WHICH AMENDED THIS SECTION, AND EVERY FIVE YEARS THEREAFT-
ER,  the  chief administrator of the unified court system shall submit a
report to the governor and the legislature, setting forth  the  findings
of  the  review, including a description of the services provided by the
components of the unified court system and recommendations  for  changes
in  its  procedures,  services,  regulations  and  laws  to  improve its
services to crime victims and to establish and implement fair  treatment
standards for crime victims.
  3. Subject to the direction of the chief administrator, the components
of  the unified court system shall expeditiously implement the recommen-
dations of its report.
  S 4. This act shall take effect immediately; provided,  however,  that
sections one and two of this act shall take effect April 1, 2014.

                                 PART H

  Section  1.  Short  title. This act shall be known and may be cited as
the "trafficking victims protection and justice act".
  S 2. Section 60.13 of the penal law, as added by chapter 7 of the laws
of 2007, is amended to read as follows:
S 60.13 Authorized dispositions; felony sex offenses.
  When a person is to be sentenced upon  a  conviction  for  any  felony
defined in article one hundred thirty of this chapter, including a sexu-
ally  motivated felony, or patronizing a [prostitute] PERSON FOR PROSTI-
TUTION in the first degree as defined in section 230.06 of this chapter,
AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE THIRD  DEGREE  AS
DEFINED  IN  SECTION  230.11  OF  THIS CHAPTER, AGGRAVATED PATRONIZING A
MINOR FOR PROSTITUTION IN THE SECOND DEGREE AS DEFINED IN SECTION 230.12
OF THIS CHAPTER, AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN  THE
FIRST DEGREE AS DEFINED IN SECTION 230.13 OF THIS CHAPTER, incest in the
second degree as defined in section 255.26 of this chapter, or incest in
the  first  degree  as  defined  in section 255.27 of this chapter, or a
felony attempt or conspiracy to commit any of these  crimes,  the  court
must sentence the defendant in accordance with the provisions of section
70.80 of this title.
  S  3.  Paragraphs (a) and (c) of subdivision 1 of section 70.02 of the
penal law, paragraph (a) as amended by chapter 320 of the laws  of  2006
and  paragraph  (c)  as  amended  by  chapter 1 of the laws of 2013, are
amended to read as follows:
  (a) Class B violent felony offenses: an attempt to  commit  the  class
A-I  felonies  of  murder  in  the  second  degree as defined in section
125.25, kidnapping in the first degree as defined in section 135.25, and
arson in the first degree as defined in section 150.20; manslaughter  in
the  first  degree as defined in section 125.20, aggravated manslaughter
in the first degree as defined in section  125.22,  rape  in  the  first
degree  as  defined  in section 130.35, criminal sexual act in the first
degree as defined in section 130.50,  aggravated  sexual  abuse  in  the
first  degree  as  defined  in  section 130.70, course of sexual conduct
against a child in the  first  degree  as  defined  in  section  130.75;
assault  in the first degree as defined in section 120.10, kidnapping in
the second degree as defined in section 135.20, burglary  in  the  first
degree  as  defined  in  section  140.30,  arson in the second degree as
defined in section 150.15, robbery in the first  degree  as  defined  in

S. 5806                            16

section  160.15, SEX TRAFFICKING AS DEFINED IN PARAGRAPHS (A) AND (B) OF
SUBDIVISION FIVE OF SECTION  230.34,  incest  in  the  first  degree  as
defined  in section 255.27, criminal possession of a weapon in the first
degree  as  defined  in section 265.04, criminal use of a firearm in the
first degree as defined in section 265.09, criminal sale of a firearm in
the first degree as defined in section 265.13, aggravated assault upon a
police officer or a peace officer as defined  in  section  120.11,  gang
assault in the first degree as defined in section 120.07, intimidating a
victim  or  witness  in  the  first degree as defined in section 215.17,
hindering prosecution of terrorism in the first  degree  as  defined  in
section  490.35,  criminal possession of a chemical weapon or biological
weapon in the second degree as defined in section 490.40,  and  criminal
use  of  a  chemical  weapon or biological weapon in the third degree as
defined in section 490.47.
  (c) Class D violent felony offenses: an attempt to commit any  of  the
class C felonies set forth in paragraph (b); reckless assault of a child
as defined in section 120.02, assault in the second degree as defined in
section 120.05, menacing a police officer or peace officer as defined in
section  120.18, stalking in the first degree, as defined in subdivision
one of section 120.60, strangulation in the second degree as defined  in
section  121.12, rape in the second degree as defined in section 130.30,
criminal sexual act in the second degree as defined in  section  130.45,
sexual abuse in the first degree as defined in section 130.65, course of
sexual  conduct  against  a  child  in  the  second degree as defined in
section 130.80, aggravated sexual abuse in the third degree  as  defined
in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
substance as defined in section 130.90, LABOR TRAFFICKING AS DEFINED  IN
PARAGRAPHS  (A) AND (B) OF SUBDIVISION THREE OF SECTION 135.35, criminal
possession of a weapon in the third degree  as  defined  in  subdivision
five, six, seven, eight, nine or ten of section 265.02, criminal sale of
a firearm in the third degree as defined in section 265.11, intimidating
a  victim  or witness in the second degree as defined in section 215.16,
soliciting or providing support for an act of terrorism  in  the  second
degree  as defined in section 490.10, and making a terroristic threat as
defined in section 490.20, falsely reporting an incident  in  the  first
degree  as  defined in section 240.60, placing a false bomb or hazardous
substance in the first degree as defined in section  240.62,  placing  a
false  bomb  or  hazardous  substance in a sports stadium or arena, mass
transportation facility or enclosed shopping mall as defined in  section
240.63,  and  aggravated  unpermitted  use of indoor pyrotechnics in the
first degree as defined in section 405.18.
  S 4. Paragraph (a) of subdivision 1 of section 70.80 of the penal law,
as added by chapter 7 of the  laws  of  2007,  is  amended  to  read  as
follows:
  (a)  For  the purposes of this section, a "felony sex offense" means a
conviction of any felony defined in article one hundred thirty  of  this
chapter,  including a sexually motivated felony, or patronizing a [pros-
titute] PERSON FOR PROSTITUTION  in  the  first  degree  as  defined  in
section 230.06 of this chapter, PATRONIZING A PERSON FOR PROSTITUTION IN
THE  SECOND  DEGREE AS DEFINED IN SECTION 230.05 OF THIS CHAPTER, AGGRA-
VATED PATRONIZING A MINOR  FOR  PROSTITUTION  IN  THE  THIRD  DEGREE  AS
DEFINED  IN  SECTION  230.11  OF  THIS CHAPTER, AGGRAVATED PATRONIZING A
MINOR FOR PROSTITUTION IN THE SECOND DEGREE AS DEFINED IN SECTION 230.12
OF THIS CHAPTER, AGGRAVATED PATRONIZING  A  MINOR  FOR  PROSTITUTION  IN
FIRST DEGREE AS DEFINED IN SECTION 230.13 OF THIS CHAPTER, incest in the
second degree as defined in section 255.26 of this chapter, or incest in

S. 5806                            17

the  first  degree  as  defined  in section 255.27 of this chapter, or a
felony attempt or conspiracy to commit any of the above.
  S  5.  Section  135.35 of the penal law, as added by chapter 74 of the
laws of 2007, is amended to read as follows:
S 135.35 Labor trafficking.
  A person is guilty of labor  trafficking  if  he  or  she  compels  or
induces  another  to  engage  in labor or recruits, entices, harbors, or
transports such other person by means of intentionally:
  1. [unlawfully providing a controlled substance to  such  person  with
intent to impair said person's judgment;
  2.] requiring that the labor be performed to retire, repay, or service
a real or purported debt that the actor has caused by a systematic ongo-
ing course of conduct with intent to defraud such person;
  [3.]  2.  withholding,  destroying,  or  confiscating  any  actual  or
purported  passport,  immigration  document,  or  any  other  actual  or
purported  government  identification  document,  of another person with
intent to impair said person's freedom of movement;  provided,  however,
that  this subdivision shall not apply to an attempt to correct a social
security administration record or immigration agency record  in  accord-
ance  with  any  local, state, or federal agency requirement, where such
attempt is not made for the purpose of any express or implied threat;
  [4.] 3. using force or engaging in any  scheme,  plan  or  pattern  to
compel or induce such person to engage in or continue to engage in labor
activity  by  means  of  instilling  a  fear in such person that, if the
demand is not complied with, the actor or another will do one or more of
the following:
  (a) cause physical injury, serious physical  injury,  or  death  to  a
person; or
  (b) cause damage to property, other than the property of the actor; or
  (c)  engage  in other conduct constituting a felony or unlawful impri-
sonment in the second degree in violation  of  section  135.05  of  this
[chapter] ARTICLE; or
  (d)  accuse some person of a crime or cause criminal charges or depor-
tation proceedings to  be  instituted  against  such  person;  provided,
however,  that  it  shall  be an affirmative defense to this subdivision
that the defendant reasonably believed the threatened charge to be  true
and  that  his or her sole purpose was to compel or induce the victim to
take reasonable action to make good the wrong which was the  subject  of
such threatened charge; or
  (e)  expose  a  secret  or publicize an asserted fact, whether true or
false, tending to subject some person to hatred, contempt  or  ridicule;
or
  (f)  testify  or provide information or withhold testimony or informa-
tion with respect to another's legal claim or defense; or
  (g) use or abuse his or her position as a public servant by performing
some act within or related to his or her official duties, or by  failing
or  refusing  to  perform  an official duty, in such manner as to affect
some person adversely.
  Labor trafficking is a class D felony.
  S 5-a. The penal law is amended by adding a new section 135.37 to read
as follows:
S 135.37 AGGRAVATED LABOR TRAFFICKING.
  A PERSON IS GUILTY OF  AGGRAVATED  LABOR  TRAFFICKING  IF  HE  OR  SHE
COMPELS  OR  INDUCES  ANOTHER  TO  ENGAGE IN LABOR OR RECRUITS, ENTICES,
HARBORS, OR TRANSPORTS SUCH OTHER PERSON TO ENGAGE IN LABOR BY MEANS  OF

S. 5806                            18

INTENTIONALLY:    UNLAWFULLY  PROVIDING  A  CONTROLLED SUBSTANCE TO SUCH
PERSON WITH INTENT TO IMPAIR SAID PERSON'S JUDGMENT.
  AGGRAVATED LABOR TRAFFICKING IS A CLASS C FELONY.
  S  5-b.  Paragraph (a) of subdivision 1 of section 460.10 of the penal
law, as amended by chapter 405 of the laws of 2010, is amended  to  read
as follows:
  (a)  Any  of  the felonies set forth in this chapter: sections 120.05,
120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat-
ing to strangulation; sections 125.10 to 125.27  relating  to  homicide;
sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and
135.25  relating  to  kidnapping;  [section]  SECTIONS 135.35 AND 135.37
relating to labor trafficking;  section  135.65  relating  to  coercion;
sections  140.20,  140.25  and  140.30  relating  to  burglary; sections
145.05, 145.10 and 145.12 relating to  criminal  mischief;  article  one
hundred  fifty  relating  to  arson; sections 155.30, 155.35, 155.40 and
155.42 relating to grand larceny; sections 177.10,  177.15,  177.20  and
177.25 relating to health care fraud; article one hundred sixty relating
to robbery; sections 165.45, 165.50, 165.52 and 165.54 relating to crim-
inal  possession of stolen property; sections 165.72 and 165.73 relating
to trademark counterfeiting; sections 170.10,  170.15,  170.25,  170.30,
170.40,  170.65 and 170.70 relating to forgery; sections 175.10, 175.25,
175.35, 175.40 and 210.40 relating to false statements; sections 176.15,
176.20, 176.25 and 176.30 relating to insurance fraud;  sections  178.20
and  178.25  relating  to criminal diversion of prescription medications
and prescriptions; sections  180.03,  180.08,  180.15,  180.25,  180.40,
180.45,  200.00, 200.03, 200.04, 200.10, 200.11, 200.12, 200.20, 200.22,
200.25, 200.27, 215.00, 215.05 and 215.19 relating to bribery;  sections
187.10,  187.15,  187.20  and  187.25  relating  to residential mortgage
fraud, sections 190.40 and 190.42 relating to  criminal  usury;  section
190.65 relating to schemes to defraud; sections 205.60 and 205.65 relat-
ing to hindering prosecution; sections 210.10, 210.15, and 215.51 relat-
ing  to  perjury and contempt; section 215.40 relating to tampering with
physical evidence; sections  220.06,  220.09,  220.16,  220.18,  220.21,
220.31,  220.34,  220.39,  220.41,  220.43,  220.46,  220.55, 220.60 and
220.77 relating to controlled substances;  sections  225.10  and  225.20
relating  to  gambling;  sections 230.25, 230.30, and 230.32 relating to
promoting prostitution; section  230.34  relating  to  sex  trafficking;
sections  235.06,  235.07,  235.21  and  235.22  relating  to obscenity;
sections 263.10 and 263.15 relating to promoting a sexual performance by
a child; sections 265.02, 265.03, 265.04, 265.11, 265.12, 265.13 and the
provisions of section 265.10  which  constitute  a  felony  relating  to
firearms  and  other  dangerous  weapons; and sections 265.14 and 265.16
relating to criminal sale of a  firearm;  and  section  275.10,  275.20,
275.30,  or  275.40  relating  to  unauthorized recordings; and sections
470.05, 470.10, 470.15 and 470.20 relating to money laundering; or
  S 5-c. Paragraphs (b) and (h) of subdivision 8 of  section  700.05  of
the  criminal  procedure law, paragraph (b) as amended by chapter 405 of
the laws of 2010 and paragraph (h) as amended by chapter 154 of the laws
of 1990, are amended to read as follows:
  (b) Any of the following felonies: assault in  the  second  degree  as
defined  in section 120.05 of the penal law, assault in the first degree
as defined in section 120.10 of the penal law, reckless endangerment  in
the  first degree as defined in section 120.25 of the penal law, promot-
ing a suicide attempt as defined in section 120.30  of  the  penal  law,
strangulation  in  the second degree as defined in section 121.12 of the
penal law, strangulation in the  first  degree  as  defined  in  section

S. 5806                            19

121.13  of  the  penal  law, criminally negligent homicide as defined in
section 125.10 of the penal law, manslaughter in the  second  degree  as
defined  in  section  125.15 of the penal law, manslaughter in the first
degree  as  defined  in  section  125.20 of the penal law, murder in the
second degree as defined in section 125.25 of the penal law,  murder  in
the first degree as defined in section 125.27 of the penal law, abortion
in  the  second  degree  as  defined in section 125.40 of the penal law,
abortion in the first degree as defined in section 125.45 of  the  penal
law,  rape in the third degree as defined in section 130.25 of the penal
law, rape in the second degree as defined in section 130.30 of the penal
law, rape in the first degree as defined in section 130.35 of the  penal
law,  criminal  sexual  act  in  the  third degree as defined in section
130.40 of the penal law, criminal sexual act in  the  second  degree  as
defined  in  section 130.45 of the penal law, criminal sexual act in the
first degree as defined in section 130.50 of the penal law, sexual abuse
in the first degree as defined in  section  130.65  of  the  penal  law,
unlawful  imprisonment  in the first degree as defined in section 135.10
of the penal law, kidnapping in the second degree as defined in  section
135.20  of  the  penal law, kidnapping in the first degree as defined in
section 135.25 of the penal law, labor trafficking as defined in section
135.35 of the penal law, AGGRAVATED  LABOR  TRAFFICKING  AS  DEFINED  IN
SECTION  135.37  OF  THE  PENAL LAW, custodial interference in the first
degree as defined in section 135.50 of the penal law,  coercion  in  the
first  degree  as  defined  in section 135.65 of the penal law, criminal
trespass in the first degree as defined in section 140.17 of  the  penal
law,  burglary  in  the third degree as defined in section 140.20 of the
penal law, burglary in the second degree as defined in section 140.25 of
the penal law, burglary in the first degree as defined in section 140.30
of the penal law, criminal mischief in the third degree  as  defined  in
section  145.05 of the penal law, criminal mischief in the second degree
as defined in section 145.10 of the penal law, criminal mischief in  the
first  degree  as  defined  in section 145.12 of the penal law, criminal
tampering in the first degree as defined in section 145.20 of the  penal
law,  arson  in  the  fourth  degree as defined in section 150.05 of the
penal law, arson in the third degree as defined in section 150.10 of the
penal law, arson in the second degree as defined in  section  150.15  of
the penal law, arson in the first degree as defined in section 150.20 of
the  penal law, grand larceny in the fourth degree as defined in section
155.30 of the penal law, grand larceny in the third degree as defined in
section 155.35 of the penal law, grand larceny in the second  degree  as
defined  in  section 155.40 of the penal law, grand larceny in the first
degree as defined in section 155.42 of the penal law, health care  fraud
in  the  fourth  degree  as  defined in section 177.10 of the penal law,
health care fraud in the third degree as defined in  section  177.15  of
the  penal  law,  health  care  fraud in the second degree as defined in
section 177.20 of the penal law, health care fraud in the  first  degree
as  defined  in  section  177.25  of the penal law, robbery in the third
degree as defined in section 160.05 of the penal  law,  robbery  in  the
second  degree as defined in section 160.10 of the penal law, robbery in
the first degree as defined in section 160.15 of the penal law, unlawful
use of secret scientific material as defined in section  165.07  of  the
penal  law,  criminal possession of stolen property in the fourth degree
as defined in section 165.45 of the penal law,  criminal  possession  of
stolen  property in the third degree as defined in section 165.50 of the
penal law, criminal possession of stolen property in the  second  degree
as  defined  by  section 165.52 of the penal law, criminal possession of

S. 5806                            20

stolen property in the first degree as defined by section 165.54 of  the
penal  law,  trademark counterfeiting in the second degree as defined in
section 165.72 of the penal law, trademark counterfeiting in  the  first
degree  as  defined  in  section 165.73 of the penal law, forgery in the
second degree as defined in section 170.10 of the penal law, forgery  in
the first degree as defined in section 170.15 of the penal law, criminal
possession  of  a  forged  instrument in the second degree as defined in
section 170.25 of the penal law, criminal possession of a forged instru-
ment in the first degree as defined in section 170.30 of the penal  law,
criminal  possession  of forgery devices as defined in section 170.40 of
the penal law, falsifying  business  records  in  the  first  degree  as
defined  in  section  175.10  of  the  penal  law, tampering with public
records in the first degree as defined in section 175.25  of  the  penal
law,  offering  a  false  instrument  for  filing in the first degree as
defined in section 175.35 of the penal law, issuing a false  certificate
as  defined  in  section  175.40 of the penal law, criminal diversion of
prescription medications and  prescriptions  in  the  second  degree  as
defined  in  section  178.20  of  the  penal  law, criminal diversion of
prescription medications  and  prescriptions  in  the  first  degree  as
defined  in  section 178.25 of the penal law, residential mortgage fraud
in the fourth degree as defined in section  187.10  of  the  penal  law,
residential  mortgage  fraud  in  the third degree as defined in section
187.15 of the penal law, residential mortgage fraud in the second degree
as defined in section 187.20 of  the  penal  law,  residential  mortgage
fraud in the first degree as defined in section 187.25 of the penal law,
escape  in  the  second degree as defined in section 205.10 of the penal
law, escape in the first degree as defined  in  section  205.15  of  the
penal  law,  absconding  from  temporary  release in the first degree as
defined in section 205.17 of the penal law, promoting prison  contraband
in  the  first  degree  as  defined  in section 205.25 of the penal law,
hindering prosecution in the second degree as defined in section  205.60
of  the  penal law, hindering prosecution in the first degree as defined
in section 205.65 of the  penal  law,  sex  trafficking  as  defined  in
section  230.34 of the penal law, criminal possession of a weapon in the
third degree as defined in subdivisions two, three and five  of  section
265.02  of  the penal law, criminal possession of a weapon in the second
degree  as  defined  in  section  265.03  of  the  penal  law,  criminal
possession  of a weapon in the first degree as defined in section 265.04
of the penal law, manufacture, transport, disposition and defacement  of
weapons  and dangerous instruments and appliances defined as felonies in
subdivisions one, two, and three of section 265.10  of  the  penal  law,
sections  265.11,  265.12 and 265.13 of the penal law, or prohibited use
of weapons as defined in subdivision two of section 265.35 of the  penal
law,  relating  to  firearms  and other dangerous weapons, or failure to
disclose the origin of a recording in the first  degree  as  defined  in
section 275.40 of the penal law;
  (h)  Promoting prostitution in the first degree, as defined in section
230.32 of the penal law, promoting prostitution in the second degree, as
defined by subdivision one of section 230.30 of the penal law, PROMOTING
PROSTITUTION IN THE THIRD DEGREE, AS DEFINED IN SECTION  230.25  OF  THE
PENAL LAW;
  S  6.  The penal law is amended by adding a new section 230.01 to read
as follows:
S 230.01 PROSTITUTION; AFFIRMATIVE DEFENSE.
  IN ANY PROSECUTION UNDER SECTION 230.00, SECTION 230.03 OR SUBDIVISION
TWO OF SECTION 240.37 OF THIS PART, IT IS AN  AFFIRMATIVE  DEFENSE  THAT

S. 5806                            21

THE DEFENDANT'S PARTICIPATION IN THE OFFENSE WAS A RESULT OF HAVING BEEN
A  VICTIM  OF  COMPELLING PROSTITUTION UNDER SECTION 230.33, A VICTIM OF
SEX TRAFFICKING UNDER SECTION 230.34 OF THIS  ARTICLE  OR  A  VICTIM  OF
TRAFFICKING  IN  PERSONS  UNDER  THE  TRAFFICKING VICTIMS PROTECTION ACT
(UNITED STATES CODE, TITLE 22, CHAPTER 78).
  S 7. The section heading and subdivision 1 of section  230.02  of  the
penal law, as amended by chapter 627 of the laws of 1978, are amended to
read as follows:
  Patronizing a [prostitute] PERSON FOR PROSTITUTION; definitions.
  1. A person patronizes a [prostitute] PERSON FOR PROSTITUTION when:
  (a) Pursuant to a prior understanding, he OR SHE pays a fee to another
person  as compensation for such person or a third person having engaged
in sexual conduct with him OR HER; or
  (b) He OR SHE pays or agrees to pay a fee to another  person  pursuant
to  an  understanding  that  in  return  therefor such person or a third
person will engage in sexual conduct with him OR HER; or
  (c) He OR SHE solicits or requests another person to engage in  sexual
conduct with him OR HER in return for a fee.
  S  8.  Subdivision  2  of section 230.03 of the penal law, as added by
chapter 191 of the laws of 2011, is amended to read as follows:
  2. For the purposes of this section, SECTION 230.08 and section 230.19
of this article, "school zone" means (a) in or on or within  any  build-
ing,  structure,  athletic  playing  field, playground or land contained
within the real property boundary line of a public or private  elementa-
ry, parochial, intermediate, junior high, vocational, or high school, or
(b)  any  public  sidewalk,  street,  parking  lot,  park, playground or
private land, located immediately adjacent to the boundary line of  such
school.
  S  9. Section 230.04 of the penal law, as amended by chapter 74 of the
laws of 2007, is amended to read as follows:
S 230.04 Patronizing a [prostitute] PERSON FOR PROSTITUTION in the third
           degree.
  A person is guilty of patronizing a [prostitute] PERSON FOR  PROSTITU-
TION in the third degree when he or she patronizes a [prostitute] PERSON
FOR PROSTITUTION.
  Patronizing a [prostitute] PERSON FOR PROSTITUTION in the third degree
is a class A misdemeanor.
  S  10. Section 230.05 of the penal law, as added by chapter 627 of the
laws of 1978, is amended to read as follows:
S 230.05 Patronizing a  [prostitute]  PERSON  FOR  PROSTITUTION  in  the
           second degree.
  A  person is guilty of patronizing a [prostitute] PERSON FOR PROSTITU-
TION in the second degree when, being [over] eighteen years [of age] OLD
OR MORE, he OR SHE patronizes a [prostitute] PERSON FOR PROSTITUTION and
the person patronized is less than [fourteen]  FIFTEEN  years  [of  age]
OLD.
  Patronizing  a  [prostitute]  PERSON  FOR  PROSTITUTION  in the second
degree is a class E felony.
  S 11. Section 230.06 of the penal law, as added by chapter 627 of  the
laws of 1978, is amended to read as follows:
S 230.06 Patronizing a [prostitute] PERSON FOR PROSTITUTION in the first
           degree.
  A  person is guilty of patronizing a [prostitute] PERSON FOR PROSTITU-
TION in the first degree when [he]:
  1. HE OR SHE patronizes a [prostitute] PERSON FOR PROSTITUTION and the
person patronized is less than eleven years [of age] OLD; OR

S. 5806                            22

  2. BEING EIGHTEEN YEARS OLD OR MORE, HE OR SHE PATRONIZES A PERSON FOR
PROSTITUTION AND THE PERSON PATRONIZED IS LESS THAN THIRTEEN YEARS OLD.
  Patronizing a [prostitute] PERSON FOR PROSTITUTION in the first degree
is a class D felony.
  S  11-a.  Section 230.07 of the penal law, as amended by chapter 74 of
the laws of 2007, is amended to read as follows:
S 230.07 Patronizing a [prostitute] PERSON FOR PROSTITUTION; defense.
  In any prosecution for patronizing a [prostitute] PERSON FOR PROSTITU-
TION in the first or second degrees OR PATRONIZING A PERSON FOR  PROSTI-
TUTION IN A SCHOOL ZONE, it is a defense that the defendant did not have
reasonable  grounds  to  believe  that  the person was less than the age
specified.
  S 12. The penal law is amended by adding a new section 230.08 to  read
as follows:
S 230.08 PATRONIZING A PERSON FOR PROSTITUTION IN A SCHOOL ZONE.
  1.  A  PERSON  IS GUILTY OF PATRONIZING A PERSON FOR PROSTITUTION IN A
SCHOOL ZONE WHEN, BEING TWENTY-ONE YEARS OF AGE  OR  OLDER,  HE  OR  SHE
PATRONIZES  A  PERSON FOR PROSTITUTION AND THE PERSON PATRONIZED IS LESS
THAN EIGHTEEN YEARS OF AGE AT A PLACE THAT HE OR SHE KNOWS,  OR  REASON-
ABLY SHOULD KNOW, IS IN A SCHOOL ZONE.
  2.  FOR  PURPOSES  OF  THIS  SECTION, "SCHOOL ZONE" SHALL MEAN "SCHOOL
ZONE" AS DEFINED IN SUBDIVISION TWO OF SECTION 230.03 OF THIS ARTICLE.
  PATRONIZING A PERSON FOR PROSTITUTION IN A SCHOOL ZONE IS  A  CLASS  E
FELONY.
  S  13. The section heading and the opening paragraph of section 230.10
of the penal law are amended to read as follows:
  Prostitution and patronizing a [prostitute] PERSON  FOR  PROSTITUTION;
no defense.
  In  any  prosecution  for  prostitution  or patronizing a [prostitute]
PERSON FOR PROSTITUTION, the sex  of  the  two  parties  or  prospective
parties  to  the sexual conduct engaged in, contemplated or solicited is
immaterial, and it is no defense that:
  S 14. The penal law is amended by adding three  new  sections  230.11,
230.12 and 230.13 to read as follows:
S 230.11 AGGRAVATED  PATRONIZING  A  MINOR FOR PROSTITUTION IN THE THIRD
           DEGREE.
  A PERSON IS GUILTY OF AGGRAVATED PATRONIZING A MINOR FOR  PROSTITUTION
IN  THE THIRD DEGREE WHEN, BEING TWENTY-ONE YEARS OLD OR MORE, HE OR SHE
PATRONIZES A PERSON FOR PROSTITUTION AND THE PERSON PATRONIZED  IS  LESS
THAN SEVENTEEN YEARS OLD AND THE PERSON GUILTY OF PATRONIZING ENGAGES IN
SEXUAL  INTERCOURSE, ORAL SEXUAL CONDUCT, ANAL SEXUAL CONDUCT, OR AGGRA-
VATED SEXUAL CONDUCT AS THOSE TERMS ARE DEFINED  IN  SECTION  130.00  OF
THIS PART.
  AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE THIRD DEGREE IS
A CLASS E FELONY.
S 230.12 AGGRAVATED  PATRONIZING  A MINOR FOR PROSTITUTION IN THE SECOND
           DEGREE.
  A PERSON IS GUILTY OF AGGRAVATED PATRONIZING A MINOR FOR  PROSTITUTION
IN  THE  SECOND DEGREE WHEN, BEING EIGHTEEN YEARS OLD OR MORE, HE OR SHE
PATRONIZES A PERSON FOR PROSTITUTION AND THE PERSON PATRONIZED  IS  LESS
THAN  FIFTEEN  YEARS OLD AND THE PERSON GUILTY OF PATRONIZING ENGAGES IN
SEXUAL INTERCOURSE, ORAL SEXUAL CONDUCT, ANAL SEXUAL CONDUCT, OR  AGGRA-
VATED  SEXUAL  CONDUCT  AS  THOSE TERMS ARE DEFINED IN SECTION 130.00 OF
THIS PART.
  AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE  SECOND  DEGREE
IS A CLASS D FELONY.

S. 5806                            23

S 230.13 AGGRAVATED  PATRONIZING  A  MINOR FOR PROSTITUTION IN THE FIRST
           DEGREE.
  A  PERSON IS GUILTY OF AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION
IN THE FIRST DEGREE WHEN HE OR SHE PATRONIZES A PERSON FOR  PROSTITUTION
AND  THE PERSON PATRONIZED IS LESS THAN ELEVEN YEARS OLD, OR BEING EIGH-
TEEN YEARS OLD OR MORE, HE OR SHE PATRONIZES A PERSON  FOR  PROSTITUTION
AND  THE  PERSON  PATRONIZED  IS  LESS  THAN THIRTEEN YEARS OLD, AND THE
PERSON GUILTY OF PATRONIZING ENGAGES IN SEXUAL INTERCOURSE, ORAL  SEXUAL
CONDUCT,  ANAL  SEXUAL  CONDUCT,  OR  AGGRAVATED SEXUAL CONDUCT AS THOSE
TERMS ARE DEFINED IN SECTION 130.00 OF THIS PART.
  AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE FIRST DEGREE IS
A CLASS B FELONY.
  S 15. Subdivisions 1 and 2 of section 230.15  of  the  penal  law  are
amended to read as follows:
  1.  "Advance  prostitution."  A  person  "advances prostitution" when,
acting other than as a [prostitute]  PERSON  IN  PROSTITUTION  or  as  a
patron thereof, he OR SHE knowingly causes or aids a person to commit or
engage  in  prostitution, procures or solicits patrons for prostitution,
provides persons or premises  for  prostitution  purposes,  operates  or
assists  in  the  operation of a house of prostitution or a prostitution
enterprise, or engages in any other conduct designed to  institute,  aid
or facilitate an act or enterprise of prostitution.
  2.  "Profit  from  prostitution." A person "profits from prostitution"
when, acting other than as a [prostitute] PERSON IN PROSTITUTION receiv-
ing compensation for personally rendered prostitution  services,  he  OR
SHE accepts or receives money or other property pursuant to an agreement
or understanding with any person whereby he OR SHE participates or is to
participate in the proceeds of prostitution activity.
  S  16.  Subdivision  1 of section 230.19 of the penal law, as added by
chapter 191 of the laws of 2011, is amended to read as follows:
  1. A person is guilty of promoting prostitution in a school zone when,
being nineteen years [of age] OLD or [older] MORE, he or  she  knowingly
advances or profits from prostitution that he or she knows or reasonably
should  know  is  or will be committed in violation of section 230.03 of
this article in a school  zone  during  the  hours  that  school  is  in
session.
  S 17. The opening paragraph and subdivision 1 of section 230.25 of the
penal  law,  the opening paragraph as amended by chapter 627 of the laws
of 1978 and subdivision 1 as amended by chapter 74 of the laws of  2007,
are amended to read as follows:
  A  person is guilty of promoting prostitution in the third degree when
he OR SHE knowingly:
  1. Advances or profits from  prostitution  by  managing,  supervising,
controlling  or  owning,  either  alone or in association with others, a
house of prostitution or a prostitution business or enterprise involving
prostitution activity by two or more [prostitutes] PERSONS IN  PROSTITU-
TION, or a business that sells travel-related services knowing that such
services include or are intended to facilitate travel for the purpose of
patronizing  a  [prostitute]  PERSON  FOR  PROSTITUTION,  including to a
foreign jurisdiction and regardless of the legality of  prostitution  in
said foreign jurisdiction; or
  S  18.  Section  230.30 of the penal law, as amended by chapter 627 of
the laws of 1978, is amended to read as follows:
S 230.30 Promoting prostitution in the second degree.
  A person is guilty of promoting prostitution in the second degree when
he OR SHE knowingly:

S. 5806                            24

  1. Advances prostitution by compelling a person  by  force  or  intim-
idation to engage in prostitution, or profits from such coercive conduct
by another; or
  2.  Advances  or  profits  from  prostitution  of  a  person less than
[sixteen] EIGHTEEN years old.
  Promoting prostitution in the second degree is a class C felony.
  S 19. The first undesignated paragraph of section 230.32 of the  penal
law,  as added by chapter 627 of the laws of 1978, is amended to read as
follows:
  A person is guilty of promoting prostitution in the first degree  when
he OR SHE:
  1.  knowingly  advances  or profits from prostitution of a person less
than [eleven] THIRTEEN years old; OR
  2. BEING TWENTY-ONE YEARS OLD OR MORE, HE OR SHE KNOWINGLY ADVANCES OR
PROFITS FROM PROSTITUTION OF A PERSON LESS THEN FIFTEEN YEARS OF AGE.
  S 20. Section 230.33 of the penal law, as added by chapter 450 of  the
laws of 2005, is amended to read as follows:
S 230.33 Compelling prostitution.
  A person is guilty of compelling prostitution when, being [twenty-one]
EIGHTEEN  years  [of  age  or  older]  OLD  OR MORE, he or she knowingly
advances prostitution by compelling a person less than  [sixteen]  EIGH-
TEEN years old, by force or intimidation, to engage in prostitution.
  Compelling prostitution is a class B felony.
  S 21. Intentionally omitted.
  S  22.  Section  230.35 of the penal law, as amended by chapter 450 of
the laws of 2005, is amended to read as follows:
S 230.35 Promoting or compelling prostitution; accomplice.
  In a prosecution for promoting prostitution  or  compelling  prostitu-
tion,  a  person  less than [seventeen] EIGHTEEN years [of age] OLD from
whose prostitution activity another person is alleged to  have  advanced
or  attempted to advance or profited or attempted to profit shall not be
deemed to be an accomplice.
  S 23. The first undesignated paragraph of section 230.40 of the  penal
law is amended to read as follows:
  A  person is guilty of permitting prostitution when, having possession
or control of premises OR VEHICLE which he OR SHE knows are  being  used
for  prostitution purposes OR FOR THE PURPOSE OF ADVANCING PROSTITUTION,
he OR SHE fails to make reasonable effort to halt or abate such use.
  S 24. Subdivision 2 of section 240.37 of the penal law,  as  added  by
chapter 344 of the laws of 1976, is amended, and subdivision 3 is renum-
bered subdivision 4 and a new subdivision 3 is added to read as follows:
  2.  Any  person  who  remains  or  wanders about in a public place and
repeatedly beckons to, or repeatedly stops, or  repeatedly  attempts  to
stop,  or  repeatedly  attempts to engage passers-by in conversation, or
repeatedly stops or attempts  to  stop  motor  vehicles,  or  repeatedly
interferes  with  the  free passage of other persons, for the purpose of
prostitution[, or of patronizing a prostitute as  those  terms  are]  AS
THAT  TERM  IS  defined in article two hundred thirty of [the penal law]
THIS PART, shall be guilty of a violation and is guilty  of  a  class  B
misdemeanor  if such person has previously been convicted of a violation
of this section or of [sections] SECTION  230.00  [or  230.05]  of  [the
penal law] THIS PART.
  3.  ANY  PERSON  WHO  REMAINS  OR  WANDERS ABOUT IN A PUBLIC PLACE AND
REPEATEDLY BECKONS TO, OR REPEATEDLY STOPS, OR  REPEATEDLY  ATTEMPTS  TO
STOP,  OR  REPEATEDLY  ATTEMPTS TO ENGAGE PASSERS-BY IN CONVERSATION, OR
REPEATEDLY STOPS OR ATTEMPTS  TO  STOP  MOTOR  VEHICLES,  OR  REPEATEDLY

S. 5806                            25

INTERFERES  WITH  THE  FREE PASSAGE OF OTHER PERSONS, FOR THE PURPOSE OF
PATRONIZING A PERSON FOR PROSTITUTION AS DEFINED IN  SECTION  230.02  OF
THIS  PART,  SHALL  BE  GUILTY OF A VIOLATION AND IS GUILTY OF A CLASS B
MISDEMEANOR  IF SUCH PERSON HAS PREVIOUSLY BEEN CONVICTED OF A VIOLATION
OF THIS SECTION OR OF SECTION 230.04, 230.05, 230.06 OR 230.08  OF  THIS
PART.
  S  25.  Subdivision 6 of section 380.50 of the criminal procedure law,
as amended by chapter 320 of the laws of 2006, is  amended  to  read  as
follows:
  6.  Regardless of whether the victim requests to make a statement with
regard to the defendant's sentence, where the defendant is sentenced for
a violent felony offense as defined in section 70.02 of the penal law or
a felony defined in article one hundred twenty-five of such law  or  any
of the following provisions of such law sections 130.25, 130.30, 130.40,
130.45, 255.25, 255.26, 255.27, article two hundred sixty-three, 135.10,
135.25,  230.05,  230.06,  230.11,  230.12,  230.13,  subdivision two of
section 230.30 or 230.32, the prosecutor shall, within sixty days of the
imposition of sentence, provide the victim with  a  form  on  which  the
victim  may  indicate  a demand to be informed of any petition to change
the name of such defendant.   Such forms shall  be  maintained  by  such
prosecutor. Upon receipt of a notice of a petition to change the name of
any  such defendant, pursuant to subdivision two of section sixty-two of
the civil rights law, the prosecutor shall promptly notify the victim at
the most current address or telephone number provided by such victim  in
the  most reasonable and expedient possible manner of the time and place
such petition will be presented to the court.
  S 26. Paragraph (i) of subdivision 1 of section 440.10 of the criminal
procedure law, as added by chapter 332 of the laws of 2010,  is  amended
to read as follows:
  (i)  The judgment is a conviction where the arresting charge was under
section 240.37 (loitering for the purpose of engaging in a  prostitution
offense, provided that the defendant was not alleged to be loitering for
the  purpose  of  patronizing a prostitute or promoting prostitution) or
230.00 (prostitution) OR 230.03 of the penal law,  and  the  defendant's
participation in the offense was a result of having been a victim of sex
trafficking  under  section  230.34  of the penal law, LABOR TRAFFICKING
UNDER SECTION 135.35 OF THE  PENAL  LAW,  AGGRAVATED  LABOR  TRAFFICKING
UNDER  SECTION  135.37  OF  THE PENAL LAW, COMPELLING PROSTITUTION UNDER
SECTION 230.33 OF THE PENAL LAW, or trafficking  in  persons  under  the
Trafficking  Victims Protection Act (United States Code, title 22, chap-
ter 78); provided that
  (i) a motion under this paragraph shall be made  with  due  diligence,
after  the  defendant  has  ceased to be a victim of such trafficking OR
COMPELLING PROSTITUTION CRIME or has sought services for victims of such
trafficking OR COMPELLING  PROSTITUTION  CRIME,  subject  to  reasonable
concerns  for the safety of the defendant, family members of the defend-
ant, or other victims of such  trafficking  OR  COMPELLING  PROSTITUTION
CRIME  that  may  be  jeopardized by the bringing of such motion, or for
other reasons consistent with the purpose of this paragraph; and
  (ii) official documentation of the defendant's status as a  victim  of
[sex]  trafficking, COMPELLING PROSTITUTION or trafficking in persons at
the time of the offense from a federal, state or local government agency
shall create a presumption that the  defendant's  participation  in  the
offense was a result of having been a victim of sex trafficking, COMPEL-
LING  PROSTITUTION  or trafficking in persons, but shall not be required
for granting a motion under this paragraph.

S. 5806                            26

  S 27. Intentionally omitted.
  S 28. Section 483-bb of the social services law is amended by adding a
new subdivision (c) to read as follows:
  (C) AN INDIVIDUAL WHO IS A VICTIM OF THE CONDUCT PROHIBITED BY SECTION
230.33,  230.34,  135.35  OR  135.37  OF THE PENAL LAW MAY BRING A CIVIL
ACTION AGAINST THE PERPETRATOR OR WHOEVER KNOWINGLY ADVANCES OR  PROFITS
FROM,  OR WHOEVER SHOULD HAVE KNOWN HE OR SHE WAS ADVANCING OR PROFITING
FROM, AN ACT IN VIOLATION OF SECTION 230.33, 230.34, 135.35 OR 135.37 OF
THE PENAL LAW TO RECOVER DAMAGES AND REASONABLE ATTORNEY'S FEES.
  S 29. Section 212 of the civil practice law and rules  is  amended  by
adding a new subdivision (e) to read as follows:
  (E)  BY A VICTIM OF SEX TRAFFICKING, COMPELLING PROSTITUTION, OR LABOR
TRAFFICKING. AN ACTION BY A VICTIM OF SEX TRAFFICKING, COMPELLING  PROS-
TITUTION,  LABOR  TRAFFICKING  OR  AGGRAVATED LABOR TRAFFICKING, BROUGHT
PURSUANT TO SUBDIVISION (C) OF SECTION FOUR HUNDRED  EIGHTY-THREE-BB  OF
THE  SOCIAL  SERVICES  LAW, MAY BE COMMENCED WITHIN TEN YEARS AFTER SUCH
VICTIMIZATION OCCURS PROVIDED, HOWEVER, THAT SUCH TEN YEAR PERIOD  SHALL
NOT  BEGIN  TO  RUN  AND  SHALL BE TOLLED DURING ANY PERIOD IN WHICH THE
VICTIM IS OR REMAINS SUBJECT TO SUCH CONDUCT.
  S 30. Subdivision (a) of section 483-cc of the social services law, as
added by chapter 74 of the laws of 2007, is amended to read as follows:
  (a) As soon as practicable after a first encounter with a  person  who
reasonably  appears  to a law enforcement agency [or a], district attor-
ney's office, OR AN ESTABLISHED PROVIDER OF  SOCIAL  OR  LEGAL  SERVICES
DESIGNATED  BY  THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE OR THE
OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE OR THE OFFICE OF  VICTIMS
SERVICES to be a human trafficking victim, that [agency or] LAW ENFORCE-
MENT  AGENCY  OR  DISTRICT  ATTORNEY'S office shall notify the office of
temporary and disability assistance and the division of criminal justice
services that such person may be eligible for services under this  arti-
cle  OR,  IN  THE  CASE  OF  AN  ESTABLISHED PROVIDER OF SOCIAL OR LEGAL
SERVICES, SHALL NOTIFY THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE
AND THE DIVISION OF CRIMINAL JUSTICE SERVICES IF SUCH VICTIM CONSENTS TO
SEEKING SERVICES PURSUANT TO THIS ARTICLE.
  S 31. Intentionally omitted.
  S 32. Intentionally omitted.
  S 33. Subdivision (p) of section 10.03 of the mental hygiene  law,  as
added by chapter 7 of the laws of 2007, is amended to read as follows:
  (p)  "Sex  offense"  means an act or acts constituting: (1) any felony
defined in article one hundred thirty of  the  penal  law,  including  a
sexually  motivated  felony;  (2)  patronizing a [prostitute] PERSON FOR
PROSTITUTION in the first degree as defined in  section  230.06  of  the
penal  law, AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE FIRST
DEGREE AS DEFINED IN SECTION 230.13 OF THE PENAL LAW, AGGRAVATED PATRON-
IZING A MINOR FOR PROSTITUTION  IN  THE  SECOND  DEGREE  AS  DEFINED  IN
SECTION  230.12  OF  THE  PENAL  LAW, AGGRAVATED PATRONIZING A MINOR FOR
PROSTITUTION IN THE THIRD DEGREE AS DEFINED IN  SECTION  230.11  OF  THE
PENAL  LAW,  incest in the second degree as defined in section 255.26 of
the penal law, or incest in the  first  degree  as  defined  in  section
255.27  of  the  penal law; (3) a felony attempt or conspiracy to commit
any of the foregoing offenses set forth in this subdivision;  or  (4)  a
designated  felony,  as  defined  in subdivision (f) of this section, if
sexually motivated and committed prior to the  effective  date  of  this
article.

S. 5806                            27

  S  34.  Subparagraph  (i) of paragraph (a) of subdivision 2 of section
168-a of the correction law, as amended by chapter 405 of  the  laws  of
2008, is amended to read as follows:
  (i)  a  conviction  of or a conviction for an attempt to commit any of
the provisions of  sections  120.70,  130.20,  130.25,  130.30,  130.40,
130.45, 130.60, 230.34, 250.50, 255.25, 255.26 and 255.27 or article two
hundred  sixty-three of the penal law, or section 135.05, 135.10, 135.20
or 135.25 of such law relating  to  kidnapping  offenses,  provided  the
victim  of  such  kidnapping  or  related offense is less than seventeen
years old and the offender is not the parent of the victim,  or  section
230.04, where the person patronized is in fact less than seventeen years
of  age,  230.05  [or], 230.06, [or] 230.11, 230.12, 230.13, subdivision
two of section 230.30, [or] section 230.32 [or], 230.33,  OR  230.34  of
the penal law, OR SECTION 230.25 OF THE PENAL LAW WHERE THE PERSON PROS-
TITUTED IS IN FACT LESS THAN SEVENTEEN YEARS OLD, or
  S  35.  Paragraph  (b)  of  subdivision  1  of  section  168-d  of the
correction law, as amended by chapter 74 of the laws of 2007, is amended
to read as follows:
  (b) Where a defendant stands convicted of an offense defined in  para-
graph  (b)  of  subdivision  two of section one hundred sixty-eight-a of
this article or where the  defendant  was  convicted  of  patronizing  a
[prostitute]  PERSON  FOR PROSTITUTION in the third degree under section
230.04 of the penal law and the defendant controverts an allegation that
the victim of such offense was less than eighteen years of  age  or,  in
the  case  of  a  conviction under section 230.04 of the penal law, less
than seventeen years of age, the court, without a jury, shall, prior  to
sentencing,  conduct  a  hearing,  and the people may prove by clear and
convincing evidence that the victim was less  than  eighteen  years  [of
age]  OLD  or  less than seventeen years [of age] OLD, as applicable, by
any evidence admissible under the rules applicable to  a  trial  of  the
issue  of  guilt.  The court in addition to such admissible evidence may
also consider  reliable  hearsay  evidence  submitted  by  either  party
provided  that  it  is  relevant  to the determination of the age of the
victim. Facts concerning the age of the victim proven at trial or ascer-
tained at the time of entry of a plea of guilty shall be  deemed  estab-
lished by clear and convincing evidence and shall not be relitigated. At
the  conclusion  of the hearing, or if the defendant does not controvert
an allegation that the victim of the  offense  was  less  than  eighteen
years  [of age] OLD or less than seventeen years [of age] OLD, as appli-
cable, the court must make a finding and enter an  order  setting  forth
the  age  of  the  victim.  If  the  court finds that the victim of such
offense was under eighteen years [of age] OLD or under  seventeen  years
[of  age] OLD, as applicable, the court shall certify the defendant as a
sex offender, the provisions of paragraph (a) of this subdivision  shall
apply  and  the defendant shall register with the division in accordance
with the provisions of this article.
  S 36. Paragraph (c) of subdivision 4 of section 509-cc of the  vehicle
and  traffic  law,  as  amended  by  chapter 400 of the laws of 2011, is
amended to read as follows:
  (c) The offenses referred to in subparagraph (i) of paragraph  (b)  of
subdivision one and subparagraph (i) of paragraph (c) of subdivision two
of  this  section  that  result in disqualification for a period of five
years shall include a conviction under sections 100.10, 105.13,  115.05,
120.03,  120.04,  120.04-a,  120.05,  120.10,  120.25,  121.12,  121.13,
125.40, 125.45, 130.20, 130.25, 130.52, 130.55, 135.10, 135.55,  140.17,
140.25,  140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06, 220.09,

S. 5806                            28

220.16, 220.31, 220.34, 220.60, 220.65, 221.30, 221.50, 221.55,  230.00,
230.05,  230.06, 230.11, 230.12, 230.13, 230.19, 230.20, 235.05, 235.06,
235.07, 235.21, 240.06,  245.00,  260.10,  subdivision  two  of  section
260.20  and  sections  260.25,  265.02,  265.03, 265.08, 265.09, 265.10,
265.12, 265.35 of the penal law or an attempt to commit any of the afor-
esaid offenses under section 110.00 of the penal  law,  or  any  similar
offenses  committed  under  a  former  section  of the penal law, or any
offenses committed under a former section of the penal law  which  would
constitute violations of the aforesaid sections of the penal law, or any
offenses  committed outside this state which would constitute violations
of the aforesaid sections of the penal law.
  S 36-a. The vehicle and traffic law is amended by adding a new section
510-d to read as follows:
  S 510-D. SUSPENSION AND REVOCATION OF CLASS E DRIVER'S LICENSES. 1.  A
CLASS  E  DRIVER'S  LICENSE SHALL BE SUSPENDED BY THE COMMISSIONER FOR A
PERIOD OF ONE YEAR WHERE THE HOLDER  IS  CONVICTED  OF  A  VIOLATION  OF
SECTION  230.20,  230.25,  230.30, 230.32, 230.34 OR 230.40 OF THE PENAL
LAW AND THE HOLDER USED A FOR HIRE MOTOR VEHICLE TO COMMIT SUCH CRIME.
  2. A CLASS E DRIVER'S LICENSE MAY BE REVOKED BY THE COMMISSIONER  WHEN
THE HOLDER, WHO HAD HIS OR HER DRIVER'S LICENSE SUSPENDED UNDER SUBDIVI-
SION  ONE  OF  THIS SECTION WITHIN THE LAST TEN YEARS, IS CONVICTED OF A
SECOND VIOLATION OF SECTION 230.20, 230.25, 230.30,  230.32,  230.34  OR
230.40  OF THE PENAL LAW AND THE HOLDER USED A FOR HIRE MOTOR VEHICLE TO
COMMIT SUCH CRIME.
  3. ANY REVOCATION OR SUSPENSION OF A CLASS E DRIVER'S  LICENSE  ISSUED
PURSUANT TO THIS ARTICLE SHALL BE APPLICABLE ONLY TO THAT PORTION OF THE
HOLDER'S  DRIVER'S LICENSE OR PRIVILEGE WHICH PERMITS THE OPERATION OF A
MOTOR VEHICLE TRANSPORTING PASSENGERS FOR  HIRE,  AND  THE  COMMISSIONER
SHALL  IMMEDIATELY  ISSUE  A  LICENSE,  OTHER  THAN  A  CLASS E DRIVER'S
LICENSE, TO SUCH PERSON, PROVIDED THAT SUCH PERSON IS OTHERWISE ELIGIBLE
TO RECEIVE SUCH LICENSE AND FURTHER PROVIDED THAT ISSUING A  LICENSE  TO
SUCH PERSON DOES NOT CREATE A SUBSTANTIAL TRAFFIC SAFETY HAZARD.
  4.  THE  PROVISIONS  OF THIS SECTION SHALL NOT BE CONSTRUED TO PREVENT
ANY PERSON WHO HAS THE AUTHORITY TO SUSPEND OR REVOKE A LICENSE TO DRIVE
OR PRIVILEGE OF OPERATING PURSUANT TO SECTION FIVE HUNDRED TEN  OF  THIS
ARTICLE FROM EXERCISING ANY SUCH AUTHORITY.
  S  37.  Section 2324-a of the public health law, as amended by chapter
260 of the laws of 1978, is amended to read as follows:
  S 2324-a. Presumptive evidence.  For the purposes of this  title,  two
or more convictions of any person or persons had, within a period of one
year,  for  any  of  the  offenses  described in section 230.00, 230.05,
230.06, 230.08, 230.11, 230.12, 230.13, 230.20, 230.25 [or],  230.30  OR
230.32  of  the  penal law arising out of conduct engaged in at the same
real property consisting of a dwelling as that term is defined in subdi-
vision four of section four  of  the  multiple  dwelling  law  shall  be
presumptive  evidence  of  conduct  constituting use of the premises for
purposes of prostitution.
  S 38. Subdivision 2 of section 715 of the real  property  actions  and
proceedings law, as added by chapter 494 of the laws of 1976, is amended
to read as follows:
  2. For purposes of this section, two or more convictions of any person
or  persons  had,  within  a period of one year, for any of the offenses
described in section 230.00, 230.05,  230.06,  230.11,  230.12,  230.13,
230.20, 230.25, 230.30, 230.32 or 230.40 of the penal law arising out of
conduct engaged in at the same real property consisting of a dwelling as
that term is defined in subdivision four of section four of the multiple

S. 5806                            29

dwelling  law  shall be presumptive evidence of conduct constituting use
of the premises for purposes of prostitution.
  S  39.  Subdivision  3  of  section  231  of the real property law, as
amended by chapter 203 of the laws  of  1980,  is  amended  to  read  as
follows:
  3.  For  the  purposes of this section, two or more convictions of any
person or persons had, within a period of  one  year,  for  any  of  the
offenses  described  in  section 230.00, 230.05, 230.06, 230.11, 230.12,
230.13, 230.20, 230.25, 230.30, 230.32 or 230.40 of the penal law  aris-
ing  out  of  conduct  engaged  in  at the same premises consisting of a
dwelling as that term is defined in subdivision four of section four  of
the  multiple dwelling law shall be presumptive evidence of unlawful use
of such premises and of the owners knowledge of the same.
  S 40. Subdivision 3 of section 840 of the executive law is amended  by
adding a new paragraph (f-1) to read as follows:
  (F-1)  DEVELOP,  MAINTAIN  AND  DISSEMINATE,  IN CONSULTATION WITH THE
OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE AND THE DIVISION OF CRIMI-
NAL JUSTICE SERVICES, WRITTEN POLICIES AND  PROCEDURES  REGARDING  HUMAN
TRAFFICKING VICTIMS. SUCH POLICIES AND PROCEDURES SHALL INCLUDE, BUT NOT
BE LIMITED TO THE FOLLOWING: (1) THE IDENTIFICATION OF POTENTIAL VICTIMS
OF   HUMAN   TRAFFICKING,   AS   DEFINED   UNDER  SECTION  FOUR  HUNDRED
EIGHTY-THREE-AA OF THE SOCIAL SERVICES LAW; AND (2)  INFORMATION  AND/OR
REFERRAL  TO  APPROPRIATE SOCIAL AND LEGAL SERVICES FOR VICTIMS OF HUMAN
TRAFFICKING IN ACCORDANCE WITH SECTION FOUR HUNDRED  EIGHTY-THREE-BB  OF
THE SOCIAL SERVICES LAW;
  S  41.  The  executive law is amended by adding a new section 214-d to
read as follows:
  S 214-D. HUMAN TRAFFICKING AWARENESS. THE SUPERINTENDENT, IN CONSULTA-
TION WITH THE OFFICE OF TEMPORARY  AND  DISABILITY  ASSISTANCE  AND  THE
DIVISION  OF CRIMINAL JUSTICE SERVICES, SHALL: (1) DEVELOP, MAINTAIN AND
DISSEMINATE TO ALL MEMBERS OF THE STATE POLICE, INCLUDING NEW AND VETER-
AN OFFICERS, WRITTEN  POLICIES,  PROCEDURES  AND  EDUCATIONAL  MATERIALS
RELATING  TO HUMAN TRAFFICKING VICTIMS, INCLUDING SERVICES AVAILABLE FOR
VICTIMS OF HUMAN TRAFFICKING, AS  REFERENCED  IN  SECTION  FOUR  HUNDRED
EIGHTY-THREE-BB OF THE SOCIAL SERVICES LAW; AND (2) ESTABLISH AND IMPLE-
MENT  WRITTEN PROCEDURES AND POLICIES IN THE EVENT A MEMBER OF THE DIVI-
SION OF STATE POLICE ENCOUNTERS AN INDIVIDUAL BELIEVED TO BE A VICTIM OF
HUMAN TRAFFICKING, WHICH SHALL INCLUDE,  BUT  NOT  BE  LIMITED  TO,  THE
PROVISION  OF  INFORMATION AND/OR REFERRAL TO AN APPROPRIATE PROVIDER OF
SOCIAL AND LEGAL SERVICES TO HUMAN TRAFFICKING  VICTIMS,  IN  ACCORDANCE
WITH SUCH SECTION FOUR HUNDRED EIGHTY-THREE-BB.
  S  42.  Section  120.90  of  the  criminal procedure law is amended by
adding a new subdivision 9 to read as follows:
  9. UPON TAKING A PERSON INTO CUSTODY PURSUANT TO A WARRANT  OF  ARREST
FOR  AN  ACT  WHICH  WOULD  CONSTITUTE  A VIOLATION OF SECTION 230.00 OR
SUBDIVISION TWO OF SECTION 240.37 OF THE PENAL LAW,  A  POLICE  OFFICER,
AFTER PERFORMING WITHOUT UNNECESSARY DELAY ALL RECORDING, FINGERPRINTING
AND  OTHER  PRELIMINARY  POLICE  DUTIES  REQUIRED IN THE PARTICULAR CASE
SHALL BRING THE ARRESTED PERSON OR  CAUSE  SUCH  PERSON  TO  BE  BROUGHT
BEFORE  A  LOCAL  CRIMINAL  COURT. IF THE LOCAL CRIMINAL COURT IS NOT IN
SESSION, THEN THE ARRESTING OFFICER MAY TAKE SUCH PERSON, IF SUCH PERSON
IS OTHERWISE ELIGIBLE, TO AN AVAILABLE SHORT-TERM SAFE HOUSE, AS DEFINED
IN SUBDIVISION TWO OF SECTION FOUR HUNDRED FORTY-SEVEN-A OF  THE  SOCIAL
SERVICES LAW.
  S  43.  Section  140.20  of  the  criminal procedure law is amended by
adding a new subdivision 8 to read as follows:

S. 5806                            30

  8. UPON TAKING A PERSON INTO CUSTODY FOR AN ACT WHICH WOULD CONSTITUTE
A VIOLATION OF SECTION 230.00 OR SUBDIVISION TWO OF  SECTION  240.37  OF
THE  PENAL  LAW,  A POLICE OFFICER, AFTER PERFORMING WITHOUT UNNECESSARY
DELAY ALL RECORDING, FINGERPRINTING AND OTHER PRELIMINARY POLICE  DUTIES
REQUIRED IN THE PARTICULAR CASE SHALL BRING THE ARRESTED PERSON OR CAUSE
SUCH  PERSON TO BE BROUGHT BEFORE A LOCAL CRIMINAL COURT AND FILE THERE-
WITH AN APPROPRIATE ACCUSATORY INSTRUMENT. IF THE LOCAL  CRIMINAL  COURT
IS  NOT  IN SESSION, THEN THE ARRESTING OFFICER MAY TAKE SUCH PERSON, IF
SUCH PERSON IS OTHERWISE  ELIGIBLE,  TO  AN  AVAILABLE  SHORT-TERM  SAFE
HOUSE,  AS DEFINED IN SUBDIVISION TWO OF SECTION FOUR HUNDRED FORTY-SEV-
EN-A OF THE SOCIAL SERVICES LAW.
  S 44. Section 170.10 of the  criminal  procedure  law  is  amended  by
adding three new subdivisions 10, 11 and 12 to read as follows:
  10.  UPON  ARRAIGNMENT OF A PERSON WHO IS CHARGED WITH PROSTITUTION AS
DEFINED IN SECTION 230.00  OF  THE  PENAL  LAW,  OR  LOITERING  FOR  THE
PURPOSES OF PROSTITUTION AS DEFINED IN SUBDIVISION TWO OF SECTION 240.37
OF  THE  PENAL LAW, IF A PERSON SO ARRESTED MAY BE TREATED AS A SEXUALLY
EXPLOITED CHILD PURSUANT TO SECTION FOUR HUNDRED  FORTY-SEVEN-A  OF  THE
SOCIAL  SERVICES  LAW,  AND  IF  THE  COURT  SO DETERMINES, IT MAY ORDER
SPECIALIZED SERVICES ENUMERATED IN SUBDIVISIONS  TWO,  THREE,  FOUR  AND
FIVE  OF  SECTION  FOUR HUNDRED FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW
FOR A PERIOD TO BE DETERMINED BY THE COURT, UPON  THE  CONSENT  OF  SUCH
PERSON.
  11.  UPON  ARRAIGNMENT OF A PERSON WHO IS CHARGED WITH PROSTITUTION AS
DEFINED IN SECTION 230.00  OF  THE  PENAL  LAW,  OR  LOITERING  FOR  THE
PURPOSES OF PROSTITUTION AS DEFINED IN SUBDIVISION TWO OF SECTION 240.37
OF  THE  PENAL  LAW  A PERSON TWENTY-FIVE YEARS OF AGE OR YOUNGER MAY BE
TREATED AS A HUMAN TRAFFICKING VICTIM AS DEFINED IN SUBDIVISION  (A)  OF
SECTION  FOUR HUNDRED EIGHTY-THREE-AA OF THE SOCIAL SERVICES LAW IF SUCH
PERSON IS SO CERTIFIED PURSUANT TO SECTION FOUR HUNDRED  EIGHTY-THREE-CC
OF  THE  SOCIAL  SERVICES  LAW. IF THE COURT SO DETERMINES, IT MAY ORDER
SERVICES AS MAY BE AVAILABLE PURSUANT TO ARTICLE  TEN-D  OF  THE  SOCIAL
SERVICES LAW, UPON THE CONSENT OF SUCH PERSON.
  12.  NOTHING  IN  SUBDIVISION  TEN  OR  ELEVEN  OF  THIS SECTION SHALL
PRECLUDE THE COURT FROM DISMISSING  SUCH  A  CASE  IN  THE  INTEREST  OF
JUSTICE  PURSUANT  TO PARAGRAPH (G) OF SUBDIVISION ONE OF SECTION 170.30
OF THIS ARTICLE WITHOUT ORDERING SPECIALIZED SERVICES AS AFORESAID.
  S 45. Section 170.30 of the  criminal  procedure  law  is  amended  by
adding a new subdivision 4 to read as follows:
  4.  AFTER ARRAIGNMENT UPON AN INFORMATION, A SIMPLIFIED INFORMATION, A
PROSECUTOR'S INFORMATION OR A MISDEMEANOR COMPLAINT, THE LOCAL  CRIMINAL
COURT  SHALL  DISMISS  SUCH  INSTRUMENT  ON  THE GROUNDS THAT A SEXUALLY
EXPLOITED CHILD OR HUMAN TRAFFICKING VICTIM ACCUSED OF  PROSTITUTION  AS
DEFINED IN SECTION 230.00 OF THE PENAL LAW OR LOITERING FOR THE PURPOSES
OF  PROSTITUTION  AS DEFINED IN SUBDIVISION TWO OF SECTION 240.37 OF THE
PENAL LAW COOPERATED WITH SERVICES ORDERED  BY  THE  COURT  PURSUANT  TO
SUBDIVISION  TEN  OR  ELEVEN OF SECTION 170.10 OF THIS ARTICLE, PROVIDED
THAT SUCH SEXUALLY EXPLOITED CHILD OR HUMAN TRAFFICKING VICTIM DOES  NOT
STAND CONVICTED OF A VIOLENT FELONY OFFENSE AS DEFINED IN SECTION 70.02,
AN  OFFENSE  DEFINED IN ARTICLE ONE HUNDRED THIRTY, LABOR TRAFFICKING AS
DEFINED IN SECTION 135.35, AGGRAVATED LABOR TRAFFICKING  AS  DEFINED  IN
SECTION  135.37,  ANY  DEGREE  OF  PROMOTING  PROSTITUTION OR AGGRAVATED
PATRONIZING A MINOR FOR PROSTITUTION  DEFINED  IN  ARTICLE  TWO  HUNDRED
THIRTY,  COMPELLING  PROSTITUTION  AS  DEFINED  IN SECTION 230.33 OR SEX
TRAFFICKING AS DEFINED IN SECTION 230.34 OF THE PENAL LAW.

S. 5806                            31

  S 46. This act shall take effect on the ninetieth day after  it  shall
have become a law.

                                 PART I

  Section  1.  Subdivision  21-e of section 292 of the executive law, as
added by chapter 269 of the laws of 1997, is amended and a new  subdivi-
sion 21-f is added to read as follows:
  21-e.  The  term  "reasonable accommodation" means actions taken which
permit an employee, prospective employee or member with a disability, OR
A PREGNANCY-RELATED CONDITION, to perform in  a  reasonable  manner  the
activities involved in the job or occupation sought or held and include,
but are not limited to, provision of an accessible worksite, acquisition
or modification of equipment, support services for persons with impaired
hearing  or  vision,  job  restructuring  and  modified  work schedules;
provided, however, that such actions do not impose an undue hardship  on
the  business,  program or enterprise of the entity from which action is
requested.
  21-F. THE TERM "PREGNANCY-RELATED CONDITION" MEANS A MEDICAL CONDITION
RELATED TO PREGNANCY OR CHILDBIRTH  THAT  INHIBITS  THE  EXERCISE  OF  A
NORMAL BODILY FUNCTION OR IS DEMONSTRABLE BY MEDICALLY ACCEPTED CLINICAL
OR  LABORATORY  DIAGNOSTIC  TECHNIQUES;  PROVIDED,  HOWEVER, THAT IN ALL
PROVISIONS OF THIS ARTICLE DEALING WITH EMPLOYMENT, THE  TERM  SHALL  BE
LIMITED  TO  CONDITIONS WHICH, UPON THE PROVISION OF REASONABLE ACCOMMO-
DATIONS, DO NOT PREVENT THE COMPLAINANT FROM PERFORMING IN A  REASONABLE
MANNER  THE ACTIVITIES INVOLVED IN THE JOB OR OCCUPATION SOUGHT OR HELD;
AND PROVIDED FURTHER, HOWEVER, THAT PREGNANCY-RELATED  CONDITIONS  SHALL
BE TREATED AS TEMPORARY DISABILITIES FOR THE PURPOSES OF THIS ARTICLE.
  S  2.  Paragraph  (a) of subdivision 3 of section 296 of the executive
law, as added by chapter 269 of the laws of 1997, is amended and two new
paragraphs (c) and (d) are added to read as follows:
  (a) It shall be an unlawful discriminatory practice for  an  employer,
licensing  agency,  employment agency or labor organization to refuse to
provide reasonable accommodations to the known disabilities, OR PREGNAN-
CY-RELATED CONDITIONS, of an employee, prospective employee or member in
connection with a job or occupation sought or held or participation in a
training program.
  (C) THE EMPLOYEE MUST COOPERATE IN PROVIDING MEDICAL OR OTHER INFORMA-
TION THAT IS NECESSARY TO VERIFY THE  EXISTENCE  OF  THE  DISABILITY  OR
PREGNANCY-RELATED  CONDITION,  OR THAT IS NECESSARY FOR CONSIDERATION OF
THE ACCOMMODATION. THE EMPLOYEE HAS A RIGHT TO HAVE SUCH MEDICAL  INFOR-
MATION KEPT CONFIDENTIAL.
  (D)  NOTHING  IN THIS SUBDIVISION REGARDING "REASONABLE ACCOMMODATION"
OR IN PART D OF THE CHAPTER OF THE LAWS OF TWO THOUSAND  THIRTEEN  WHICH
ADDED  THIS  PARAGRAPH SHALL ALTER, DIMINISH, INCREASE, OR CREATE NEW OR
ADDITIONAL REQUIREMENTS TO ACCOMMODATE  PROTECTED  CLASSES  PURSUANT  TO
THIS  ARTICLE  OTHER  THAN THE ADDITIONAL REQUIREMENTS AS EXPLICITLY SET
FORTH IN SUCH CHAPTER OF THE LAWS OF TWO THOUSAND THIRTEEN.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

                                 PART J

  Section 1. The civil service law is amended by adding  a  new  section
153 to read as follows:

S. 5806                            32

  S  153.  WAGE  DISCRIMINATION  BY  SEX PROHIBITED.   1. IT SHALL BE AN
UNLAWFUL DISCRIMINATORY PRACTICE FOR ANY PUBLIC EMPLOYER IN  THIS  STATE
TO  DISCRIMINATE BETWEEN EMPLOYEES IN ITS EMPLOY ON THE BASIS OF SEX, BY
COMPENSATING ANY EMPLOYEE IN ANY OCCUPATION AT A  SALARY  OR  RATE  LESS
THAN THE SALARY OR RATE AT WHICH OTHER EMPLOYEES OF THE OPPOSITE SEX ARE
COMPENSATED FOR POSITIONS OR TITLES WHICH HAVE COMPARABLE WORTH AS MEAS-
URED  BY  THE  SKILL, EFFORT AND RESPONSIBILITY NORMALLY REQUIRED IN THE
PERFORMANCE OF WORK AND THE CONDITIONS UNDER WHICH THE WORK IS  NORMALLY
PERFORMED.
  2. NOTHING IN SUBDIVISION ONE OF THIS SECTION SHALL PROHIBIT DIFFERING
COMPENSATION TO EMPLOYEES WHERE SUCH COMPENSATION IS CALCULATED PURSUANT
TO A BONA FIDE SENIORITY SYSTEM.
  3. A PUBLIC EMPLOYER WHO IS IN VIOLATION OF THIS SECTION SHALL NOT, IN
ORDER  TO  COMPLY  WITH  THIS  SECTION,  REDUCE  THE COMPENSATION OF ANY
EMPLOYEE OR REDUCE THE RATE OF COMPENSATION FOR ANY POSITION.
  4. AN AGREEMENT BY ANY EMPLOYEE TO WORK FOR LESS THAN THE COMPENSATION
TO WHICH THE EMPLOYEE IS ENTITLED UNDER THIS SECTION SHALL NOT BE A  BAR
TO  ANY  ACTION  TO  WHICH  THE  EMPLOYEE WOULD OTHERWISE BE ENTITLED TO
ENFORCE THE PROVISIONS OF THIS SECTION.
  5. NOTHING SET FORTH IN THIS SECTION SHALL  BE  CONSTRUED  TO  IMPEDE,
INFRINGE  OR  DIMINISH THE RIGHTS AND BENEFITS WHICH ACCRUE TO EMPLOYEES
THROUGH BONA FIDE COLLECTIVE BARGAINING AGREEMENTS, OR OTHERWISE  DIMIN-
ISH THE INTEGRITY OF THE EXISTING COLLECTIVE BARGAINING RELATIONSHIP.
  6.  NO  PUBLIC  EMPLOYER  SHALL  BE  FOUND  TO BE IN VIOLATION OF THIS
SECTION FOR COMPENSATING EMPLOYEES OF DIFFERENT  SEXES  DIFFERENTLY  FOR
WORK  THAT IS OF COMPARABLE WORTH DURING THE THREE YEAR PERIOD BEGINNING
ON THE EFFECTIVE DATE OF THIS SECTION, PROVIDED SUCH EMPLOYER HAS INSTI-
TUTED A PLAN THAT WILL LEAD TO COMPLIANCE WITH THIS SECTION  AFTER  SUCH
THREE YEAR PERIOD EXPIRES.
  7.  AS USED IN THIS SECTION, THE TERM PUBLIC OFFICER OR EMPLOYEE SHALL
NOT INCLUDE THOSE EMPLOYEES IN  THE  UNCLASSIFIED  SERVICE  PURSUANT  TO
SECTION  THIRTY-FIVE  OF  THIS  CHAPTER,  EMPLOYEES DEEMED MANAGERIAL OR
CONFIDENTIAL UNDER ARTICLE FOURTEEN OF THIS CHAPTER AND THE OFFICERS  OR
EMPLOYEES  OF  MUNICIPALITIES  OR  OTHER  POLITICAL  SUBDIVISIONS OF THE
STATE.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

                                 PART K

  Section  1.  Subdivision 9 of section 201 of the workers' compensation
law is amended by adding a new paragraph C to read as follows:
  C. "DISABILITY" ALSO INCLUDES CHILD CARE, AS  DEFINED  IN  SUBDIVISION
FIFTEEN OF THIS SECTION.
  S  2.  Subdivision 14 of section 201 of the workers' compensation law,
as added by chapter 600 of the laws of 1949 and as renumbered by chapter
438 of the laws of 1964, is amended to read as follows:
  14. "A day of disability" means any day  on  which  the  employee  was
prevented  from performing work because of disability, INCLUDING ANY DAY
WHICH THE EMPLOYEE USES FOR CHILD CARE, and for which [he] THE  EMPLOYEE
has not received his OR HER regular remuneration.
  S 3. Section 201 of the workers' compensation law is amended by adding
two new subdivisions 15 and 16 to read as follows:
  15.  "CHILD  CARE" SHALL MEAN ANY LEAVE TAKEN BY AN EMPLOYEE FROM WORK
TO BOND WITH THE EMPLOYEE'S CHILD DURING THE FIRST TWELVE  MONTHS  AFTER

S. 5806                            33

THE CHILD'S BIRTH, OR THE FIRST TWELVE MONTHS AFTER THE PLACEMENT OF THE
CHILD FOR ADOPTION OR FOSTER CARE WITH THE EMPLOYEE.
  16. "CHILD" MEANS A BIOLOGICAL, ADOPTED OR FOSTER CHILD WHO IS:
  A. LESS THAN EIGHTEEN YEARS OF AGE; OR
  B.  EIGHTEEN  YEARS OF AGE OR OLDER AND INCAPABLE OF SELF-CARE BECAUSE
OF A MENTAL OR PHYSICAL DISABILITY.
  S 4. Section 202 of the workers' compensation law is amended by adding
a new subdivision 1-a to read as follows:
  1-A. SOLELY FOR THE PURPOSES OF THE PROVISIONS OF THIS ARTICLE  RELAT-
ING  TO  THE  PROVISION  OF  BENEFITS, RIGHTS AND PRIVILEGES RELATING TO
CHILD CARE LEAVE, "COVERED EMPLOYER" SHALL  INCLUDE  THE  STATE  OR  ANY
POLITICAL OR CIVIL SUBDIVISION THEREOF.
  S 5. Section 204 of the workers' compensation law is amended by adding
a new subdivision 3 to read as follows:
  3.  THE  WEEKLY BENEFIT WHICH AN EMPLOYEE ON CHILD CARE LEAVE IS ENTI-
TLED TO RECEIVE SHALL BE FIFTY PERCENT OF THE EMPLOYEE'S AVERAGE  WEEKLY
WAGE,  BUT  IN  NO  CASE  SHALL  SUCH BENEFIT EXCEED FOUR HUNDRED TWENTY
DOLLARS FOR EACH WEEK DURING SUCH CHILD CARE LEAVE.
  S 6. Subdivisions 1, 2, 3, 4 and 8 of  section  205  of  the  workers'
compensation law, subdivision 1 as amended by chapter 651 of the laws of
1958,  subdivision  2  as amended by chapter 270 of the laws of 1990 and
subdivisions 3, 4 and 8 as added by chapter 600 of the laws of 1949  and
as  renumbered by chapter 352 of the laws of 1981, are amended and a new
subdivision 9 is added to read as follows:
  1. (A) For DISABILITY RESULTING FROM INJURY, SICKNESS OR PREGNANCY  OF
AN EMPLOYEE, FOR more than twenty-six weeks during a period of fifty-two
consecutive calendar weeks or during any one period of disability; OR
  (B)  FOR CHILD CARE, FOR MORE THAN SIX WEEKS DURING A PERIOD OF FIFTY-
TWO CONSECUTIVE CALENDAR WEEKS OR DURING ANY ONE PERIOD OF FAMILY CARE;
  2. for any period of disability RESULTING FROM THE INJURY, SICKNESS OR
PREGNANCY OF AN EMPLOYEE during which an employee is not under the  care
of  a  duly  licensed  physician or with respect to disability resulting
from a condition of the foot which may lawfully be  treated  by  a  duly
registered  and  licensed  podiatrist  of  the state of New York or with
respect to a disability resulting from a condition which may lawfully be
treated by a duly registered and licensed chiropractor of the  state  of
New  York  or  with  respect  to a disability resulting from a condition
which may lawfully be treated by a duly licensed dentist of the state of
New York or with respect to a  disability  resulting  from  a  condition
which may lawfully be treated by a duly registered and licensed psychol-
ogist of the state of New York or with respect to a disability resulting
from a condition which may lawfully be treated by a duly certified nurse
midwife,  for  any period of such disability during which an employee is
neither under the care of a physician nor a podiatrist, nor a chiroprac-
tor, nor a dentist, nor a psychologist, nor a certified  nurse  midwife;
and for any period of disability during which an employee who adheres to
the  faith or teachings of any church or denomination and who in accord-
ance with its creed, tenets or principles depends for healing upon pray-
er through spiritual means alone in the practice  of  religion,  is  not
under the care of a practitioner duly accredited by the church or denom-
ination,  and  provided such employee shall submit to all physical exam-
inations as required by this chapter[.];
  3. for any disability RESULTING FROM INJURY OR SICKNESS OF AN EMPLOYEE
occasioned by the wilful intention of the employee to bring about injury
to or the sickness of himself or another, or resulting from  any  injury

S. 5806                            34

or  sickness sustained in the perpetration by the employee of an illegal
act;
  4.  for any day of disability during which the employee performed work
for remuneration or profit; BUT NOT INCLUDING ANY REMUNERATION  RECEIVED
FOR CARING FOR A FOSTER OR ADOPTED CHILD OR OTHER INDIVIDUAL RESIDING IN
THE EMPLOYEE'S PLACE OF RESIDENCE;
  8.  for any disability RESULTING FROM AN INJURY, SICKNESS OR PREGNANCY
OF THE EMPLOYEE commencing before the employee becomes eligible to bene-
fits hereunder [or commencing prior  to  July  first,  nineteen  hundred
fifty,  but  this  shall not preclude benefits for recurrence after July
first, nineteen hundred fifty, of a disability commencing  prior  there-
to.];
  9. FOR ANY DAY OF ABSENCE FROM WORK REQUIRED PURSUANT TO ANY DISCIPLI-
NARY  PROCESS;  OR, IN REGARD TO CHILD CARE BENEFITS, ANY DAY OF ABSENCE
FROM WORK RESULTING FROM INJURY, SICKNESS OR PREGNANCY OF THE  EMPLOYEE,
INCLUDING ANY LEAVE TAKEN UNDER SECTION SEVENTY-THREE OR SEVENTY-FIVE OF
THE CIVIL SERVICE LAW.
  S  7. The workers' compensation law is amended by adding a new section
205-a to read as follows:
  S 205-A. RELATIONSHIP BETWEEN DISABILITY BENEFITS FOR CHILD  CARE  AND
FOR  THE  EMPLOYEE'S  OWN INJURY, SICKNESS OR PREGNANCY.  THE RECEIPT OF
BENEFITS FOR DISABILITY RESULTING FROM INJURY, SICKNESS OR PREGNANCY  OF
THE  EMPLOYEE, SHALL NOT COUNT TOWARD ANY TIME LIMITATION UNDER SUBDIVI-
SION ONE OF SECTION TWO HUNDRED FIVE OF THIS ARTICLE ON THE  RECEIPT  OF
BENEFITS  FOR  CHILD  CARE,  AND  THE RECEIPT OF BENEFITS FOR CHILD CARE
SHALL NOT COUNT TOWARD ANY TIME  LIMITATION  UNDER  SUBDIVISION  ONE  OF
SECTION  TWO HUNDRED FIVE OF THIS ARTICLE ON THE RECEIPT OF BENEFITS FOR
DISABILITY RESULTING FROM INJURY, SICKNESS OR PREGNANCY TO THE EMPLOYEE,
EXCEPT THAT AN EMPLOYEE MAY RECEIVE  DISABILITY  BENEFITS  ON  ONLY  ONE
CLAIM AT ANY TIME.
  S 8. Subdivision 3 of section 209 of the workers' compensation law, as
amended  by  chapter  415  of  the  laws  of 1983, is amended to read as
follows:
  3. The contribution of each such employee to the  cost  of  disability
benefits provided by this article shall be one-half of one per centum of
the  employee's  wages  paid  to  him  on and after July first, nineteen
hundred fifty, but not in excess of sixty cents per week FOR THE COST OF
DISABILITY BENEFITS FOR INJURY, SICKNESS OR PREGNANCY OF  THE  EMPLOYEE.
EFFECTIVE JULY FIRST, TWO THOUSAND FOURTEEN CHILD CARE BENEFITS SHALL BE
PROVIDED  AT  NO COST TO AN ELIGIBLE EMPLOYEE THROUGH THE NEW YORK STATE
INSURANCE FUND.
  S 9. Section 211 of the workers' compensation law is amended by adding
two new subdivisions 7 and 8 to read as follows:
  7. SUCH FAMILY CARE BENEFITS AS ARE PROVIDED FOR IN THIS ARTICLE SHALL
BE IN ADDITION TO, AND SHALL NOT AMEND, REPEAL OR REPLACE, THE TERMS  OF
ANY  AGREEMENT  THAT IS COLLECTIVELY  NEGOTIATED BETWEEN AN EMPLOYER AND
AN EMPLOYEE ORGANIZATION, INCLUDING AGREEMENT  OR  INTEREST  ARBITRATION
AWARDS MADE PURSUANT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW.
  8.  NOTHING  IN THIS ARTICLE SHALL REQUIRE AN EMPLOYER TO USE THE SAME
CARRIER TO PROVIDE BENEFITS REQUIRED BY OR PERMISSIBLE UNDER THIS  ARTI-
CLE  FOR  DISABILITY RESULTING FROM INJURY, SICKNESS OR PREGNANCY OF THE
EMPLOYEE AS IT USES TO PROVIDE BENEFITS REQUIRED BY OR PERMISSIBLE UNDER
THIS ARTICLE FOR CHILD CARE. AN EMPLOYER  MAY  USE  A  DIFFERENT  MEANS,
AMONG  THOSE SET FORTH IN SUBDIVISIONS ONE THROUGH FIVE OF THIS SECTION,
TO PROVIDE BENEFITS REQUIRED BY THIS ARTICLE  FOR  DISABILITY  RESULTING

S. 5806                            35

FROM  INJURY OR SICKNESS TO OR PREGNANCY OF THE EMPLOYEE, FROM THE MEANS
USED TO PROVIDE BENEFITS REQUIRED BY THIS ARTICLE FOR CHILD CARE.
  S  10.  Subdivisions  1,  2,  3  and  4 of section 217 of the workers'
compensation law, subdivision 1 as amended by chapter 167 of the laws of
1999, subdivisions 2 and 3 as amended by chapter 270 of the laws of 1990
and subdivision 4 as added by chapter 600  of  the  laws  of  1949,  are
amended to read as follows:
  1.  Written  notice  and proof of disability shall be furnished to the
employer by or on behalf of the employee claiming benefits  or,  in  the
case  of  a claimant under section two hundred seven of this article, to
the chair, within thirty days after commencement of the period of  disa-
bility. Additional proof shall be furnished thereafter from time to time
as  the employer or carrier or chair may require but not more often than
once each week. Such proof shall include:
  (A) IN THE CASE OF DISABILITY RESULTING FROM INJURY, SICKNESS OR PREG-
NANCY OF THE EMPLOYEE, a  statement  of  disability  by  the  employee's
attending physician or attending podiatrist or attending chiropractor or
attending dentist or attending psychologist or attending certified nurse
midwife,  or  in  the  case  of  an employee who adheres to the faith or
teachings of any church or denomination, and who in accordance with  its
creed,  tenets  or  principles  depends  for healing upon prayer through
spiritual means alone in the practice  of  religion,  by  an  accredited
practitioner,  containing  facts  and  opinions as to such disability in
compliance with regulations of the chair[.] ; AND
  (B) IN THE CASE OF CHILD CARE FOR BONDING WITH A NEW  CHILD,  A  BIRTH
CERTIFICATE,  CERTIFICATE OF ADOPTION, OR OTHER COMPETENT EVIDENCE SHOW-
ING THAT THE EMPLOYEE IS THE PARENT OF A CHILD WITHIN TWELVE  MONTHS  OF
THAT  CHILD'S  BIRTH  OR  PLACEMENT FOR ADOPTION OR FOSTER CARE WITH THE
EMPLOYEE.
  Failure to furnish notice or proof within the time and in  the  manner
above  provided  shall not invalidate the claim but no benefits shall be
required to be paid for any period more than two weeks prior to the date
on which the required proof is furnished unless it shall be shown to the
satisfaction of the chair  not  to  have  been  reasonably  possible  to
furnish such notice or proof and that such notice or proof was furnished
as  soon  as possible; provided, however, that no benefits shall be paid
unless the required proof of disability is furnished  within  twenty-six
weeks  after commencement of the period of disability.  No limitation of
time provided in this section shall run as against  any  person  who  is
mentally  incompetent,  or physically incapable of providing such notice
as a result of a serious medical condition, or a minor so long  as  such
person has no guardian of the person and/or property.
  2.  An  employee claiming benefits FOR THE EMPLOYEE'S INJURY, SICKNESS
OR PREGNANCY shall, as requested by  the  employer  or  carrier,  submit
himself  or  herself  at  intervals,  but not more than once a week, for
examination by a physician or podiatrist or chiropractor or  dentist  or
psychologist  or  certified  nurse midwife designated by the employer or
carrier. All such examinations shall be without cost to the employee  OR
FAMILY MEMBER and shall be held at a reasonable time and place.
  3. The chair may direct the claimant WHO SEEKS DISABILITY BENEFITS FOR
HIS  OR  HER INJURY, SICKNESS OR PREGNANCY to submit to examination by a
physician or podiatrist  or  chiropractor  or  dentist  or  psychologist
designated  by  him  or her in any case in which the claim to disability
benefits is contested and in claims arising under  section  two  hundred
seven  OF  THIS  ARTICLE,  and  in other cases as the chair or board may
require.

S. 5806                            36

  4. Refusal of the claimant without good cause to submit  to  any  such
examination  shall disqualify [him] THE CLAIMANT from all benefits here-
under for the period of such refusal,  except  as  to  benefits  already
paid.
  S  11.  Subdivision 2 of section 229 of the workers' compensation law,
as added by chapter 271 of the laws of  1985,  is  amended  to  read  as
follows:
  2.  Whenever  an  employee  of  a covered employer who is eligible for
benefits under section two hundred four of this article shall be  absent
from  work due to a disability as defined in subdivision nine of section
two hundred one of this article for more than  seven  consecutive  days,
the  employer shall provide the employee with a written statement of the
employee's rights under this article in a form prescribed by the [chair-
man] CHAIR. The statement shall be provided to the employee within  five
business  days  after  the employee's seventh consecutive day of absence
due to disability or within five business days after the employer  knows
or  should know that the employee's absence is due to disability, which-
ever is later. EACH COVERED EMPLOYER SHALL PROVIDE EACH EMPLOYEE WITH  A
TYPEWRITTEN,  PRINTED  OR  ELECTRONIC NOTICE IN A FORM PRESCRIBED BY THE
CHAIR, STATING THAT THE EMPLOYER HAS PROVIDED FOR THE PAYMENT  OF  DISA-
BILITY  BENEFITS  AS  REQUIRED BY THIS ARTICLE WITHIN THIRTY DAYS OF THE
EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND THIRTEEN WHICH
AMENDED THIS SUBDIVISION.   EACH COVERED  EMPLOYER  SHALL  PROVIDE  SUCH
NOTICE  TO  ALL  NEW  EMPLOYEES WITHIN THIRTY DAYS OF THEIR FIRST DAY OF
WORK.
  S 12. Paragraph 3 of subsection (a) of section 1113 of  the  insurance
law is amended to read as follows:
  (3) "Accident and health insurance," means (i) insurance against death
or  personal  injury  by  accident  or by any specified kind or kinds of
accident and insurance  against  sickness,  ailment  or  bodily  injury,
including  insurance  providing  disability benefits pursuant to article
nine of the workers' compensation law,  INCLUDING  ANY  INSURANCE  UNDER
THAT ARTICLE FOR CHILD CARE BENEFITS, DISABILITY BENEFITS RESULTING FROM
INJURY,  SICKNESS  OR PREGNANCY OF AN EMPLOYEE, OR ALL, except as speci-
fied in item (ii) [hereof] OF THIS PARAGRAPH; and  (ii)  non-cancellable
disability  insurance,  meaning  insurance  against disability resulting
from sickness, ailment or bodily injury (but excluding insurance  solely
against  accidental  injury)  under any contract which does not give the
insurer the option to cancel or otherwise terminate the contract  at  or
after one year from its effective date or renewal date.
  S  13.  This  act  shall  take effect July 1, 2014; provided, that the
addition, amendment and/or repeal of any rules or regulations  necessary
for  the implementation of this act on its effective date are authorized
and directed to be made and completed on or before such effective date.

                                 PART L

  Section 1. Paragraphs 2, 3, 4 and 5 of subsection (c) of  section  606
of  the tax law are renumbered paragraphs 3, 4, 5 and 6, and a new para-
graph 2 is added to read as follows:
  (2) ADDITIONAL CREDIT. FOR TAXABLE YEARS BEGINNING ON OR AFTER JANUARY
FIRST, TWO THOUSAND THIRTEEN, A TAXPAYER SHALL BE ALLOWED  A  CREDIT  IN
ADDITION  TO  THE  CREDIT ALLOWED UNDER PARAGRAPH ONE OF THIS SUBSECTION
EQUAL TO THE CREDIT CALCULATED UNDER SUCH PARAGRAPH  ONE  MULTIPLIED  BY
ONE  AND  FIVE-TENTHS. PROVIDED, HOWEVER, THE ADDITIONAL CREDIT PROVIDED
FOR IN THIS PARAGRAPH SHALL NOT BE AVAILABLE TO TAXPAYERS WITH  ADJUSTED

S. 5806                            37

GROSS  INCOMES IN EXCESS OF THREE HUNDRED FIFTY THOUSAND DOLLARS AND WHO
FILE PURSUANT TO SUBSECTION (A) OF SECTION SIX HUNDRED ONE OF THIS ARTI-
CLE, TO TAXPAYERS WITH ADJUSTED GROSS INCOMES IN EXCESS OF THREE HUNDRED
THOUSAND  DOLLARS AND WHO FILE PURSUANT TO SUBSECTION (B) OF SECTION SIX
HUNDRED ONE OF THIS  ARTICLE,  AND  TO  TAXPAYERS  WITH  ADJUSTED  GROSS
INCOMES  IN  EXCESS OF ONE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS AND WHO
FILE PURSUANT TO SUBSECTION (C) OF SIX HUNDRED ONE OF THIS ARTICLE.
  S 2. This act shall take effect immediately and shall apply to taxable
years beginning on or after January 1, 2013.

                                 PART M

  Section 1. Subdivisions 2, 3, 4, 5 and  6  of  section  410-w  of  the
social  services law, are renumbered subdivisions 3, 4, 5, 6 and 7 and a
new subdivision 2 is added to read as follows:
  2. FOR PURPOSES OF DETERMINING FINANCIAL ELIGIBILITY UNDER THIS TITLE,
THE EARNED INCOME OF A DEPENDENT CHILD UNDER THE AGE OF EIGHTEEN, WHO IS
NOT LEGALLY RESPONSIBLE FOR THE CHILD OR CHILDREN FOR WHICH  CHILD  CARE
ASSISTANCE  IS  SOUGHT, SHALL BE DISREGARDED WHEN DETERMINING THE ELIGI-
BILITY OF A HOUSEHOLD FOR A CHILD CARE SUBSIDY. THE INCOME OF A  DEPEND-
ENT  EIGHTEEN, NINETEEN, OR TWENTY YEAR OLD HOUSEHOLD MEMBER, WHO IS NOT
LEGALLY RESPONSIBLE FOR THE CHILD  OR  CHILDREN  FOR  WHICH  CHILD  CARE
ASSISTANCE IS SOUGHT, SHALL BE DISREGARDED IF THE INCOME DOES NOT EXCEED
TEN  PERCENT OF THE DISTRICT'S ESTABLISHED CHILD CARE INCOME ELIGIBILITY
STANDARD, PURSUANT TO THE LOCAL SOCIAL  SERVICES  DISTRICT  CONSOLIDATED
SERVICES PLAN OR INTEGRATED COUNTY PLAN.
  S 2. This act shall take effect immediately.

                                 PART N

  Section  1. The opening paragraph of subdivision 1 of section 410-x of
the social services law is designated paragraph (a) and a new  paragraph
(b) is added to read as follows:
  (B) THE CHILD CARE SERVICES PROVIDED MUST BE REASONABLY RELATED TO THE
HOURS  OF  EMPLOYMENT,  EDUCATION OR TRAINING OF A CHILD'S CARETAKER, AS
APPLICABLE, AND PERMIT TIME FOR DELIVERY AND PICK-UP OF THE  CHILD,  AND
MAY  PROVIDE  UP  TO  EIGHT  HOURS OF CHILD CARE SERVICES, IF NEEDED, TO
ENABLE AN EMPLOYED CARETAKER WHO WORKS A SECOND OR THIRD SHIFT TO SLEEP.
SUCH SERVICES MUST BE ADDRESSED IN THE SOCIAL  SERVICES  DISTRICT  CHILD
CARE  SERVICES  PLAN  AS PART OF ITS CONSOLIDATED SERVICES PLAN OR INTE-
GRATED COUNTY PLAN.
  S 2. This act shall take effect immediately.

                                 PART O

  Section 1. The office of children and family services  shall  examine,
evaluate  and  make  recommendations  concerning the availability of day
care for children in the state. Such office shall pay particular  atten-
tion  to  the  impact of the lack   of necessary child day care upon the
ability of women in poverty and those in working families to  enter  the
labor force. The office of children and family services shall direct its
attention to:
  (a)  establishing  an inventory of child day care for working families
and those at or near poverty;
  (b) geographically identifying child day  care  shortage  areas  on  a
regional  basis  and projections of the future demand for child day care

S. 5806                            38

based on the regional birth  rates,  employment  and  population  growth
rates;
  (c)  comparing on a statewide and regional basis, the demand for child
day care services over the succeeding five years, including whether  the
projected  growth rate in the child day care industry will be sufficient
to meet such future needs;
  (d) assessing the cost to parents and guardians of day care for  chil-
dren on a regional basis, including the availability of government funds
for parents and guardians toward child care costs;
  (e)  identifying  nontraditional child care needs within the state and
regionally for parents who work other than a  9:00  A.M.  to  5:00  P.M.
shift  or  part-time,  including  those  who  work night shifts or swing
shifts, and those parents who require early drop off and/or late pick up
services from their child care provider;
  (f) identifying policies that would encourage  the  establishment  and
operation  of  more  child  day care center providers and increasing the
capacity of existing child day care providers;
  (g) identifying policies that would encourage and facilitate expansion
of quality child day care services by neighbors and in communities where
the working poor live and/or work; and
  (h) identifying and quantifying those factors that contribute to qual-
ity child day care, are used to identify child day  care  providers  who
are   committing  violations,  how  such  violations  are  addressed  or
prevented, and procedures for establishing quality  child  day  care  in
those communities with the greatest needs.
  S  2. The office of children and family services may request and shall
receive any available information from state agencies that  is  relevant
and material to the study required by section one of this act.
  S  3.  Within  twelve  months  of  the effective date of this act, the
commissioner of children and family services shall submit a  report,  to
the  governor, the temporary president of the senate, the speaker of the
assembly, the minority leader of the senate and the minority  leader  of
the assembly, on the office's findings, conclusions and recommendations,
and  shall  submit therewith such legislative proposals as the office of
children and family services  shall  deem  necessary  to  implement  its
recommendations.  In addition, such office shall make such report avail-
able  to  the public and post it on the internet website operated by the
office.
  S 4. This act shall take effect immediately, and shall expire  and  be
deemed repealed one year after it shall take effect.

                                 PART P

  Section  1. The social services law is amended by adding a new section
390-i to read as follows:
  S 390-I. NOTICE OF INSPECTION REPORT. 1. EACH CHILD DAY CARE  PROVIDER
THAT  OPERATES A RESIDENTIAL OR NON-RESIDENTIAL CHILD DAY CARE FACILITY,
WHERE CHILD DAY CARE IS PROVIDED SHALL POST A COPY OF  ITS  MOST  RECENT
INSPECTION  REPORT  IN A PROMINENT PLACE, AND IF POSSIBLE ON THE WEBSITE
OF SUCH PROVIDER.
  2. ALL SUCH RESIDENTIAL AND NON-RESIDENTIAL CHILD DAY CARE  FACILITIES
REGULATED  PURSUANT TO THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION
BY THE OFFICE OF CHILDREN AND FAMILY  SERVICES,  OR  THE  DEPARTMENT  OF
HEALTH  AND MENTAL HEALTH OF THE CITY OF NEW YORK, SHALL COMPLY WITH THE
POSTING REQUIREMENTS OF THIS SECTION TO BE ENFORCED  BY  THE  APPLICABLE
STATE OR CITY AGENCY PURSUANT TO ITS RULES OR REGULATIONS.

S. 5806                            39

  S  2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become  a  law.  Provided,  however,
that effective immediately any rules and regulations necessary to imple-
ment the provisions of this act on its effective date are authorized and
directed to be completed on or before such date.

                                 PART Q

  Section  1.  Subdivision  1 of section 213 of the economic development
law, as added by chapter 839 of the laws of 1987, is amended to read  as
follows:
  1.  monitor the performance of each development center and each entre-
preneurship support center and require periodic and annual reports  from
each development center and each entrepreneurship support center at such
time  and  in  such a manner as prescribed by the commissioner, PROVIDED
THAT SUCH PERIODIC AND  ANNUAL  REPORTS  SHALL  PROVIDE  INFORMATION  ON
OUTCOMES,  WHETHER SUCCESSFUL OR NOT, FOR ALL INDIVIDUAL PROGRAM PARTIC-
IPANTS OF  EACH DEVELOPMENT CENTER OR ENTREPRENEURSHIP  SUPPORT  CENTER,
AND  TRACK  SUCH  OUTCOMES  ON A STATISTICAL BASIS FOR A PERIOD OF UP TO
FIVE YEARS SO AS TO HELP ASCERTAIN, TRACK AND DOCUMENT THE SUCCESS  RATE
FOR SUCH PARTICIPANTS;
  S  2.  Paragraph  (b)  of subdivision 2 of section 213 of the economic
development law, as amended by chapter 227  of  the  laws  of  1993,  is
amended to read as follows:
  (b)  in  the  case  of entrepreneurship support centers, the extent to
which the program serves minorities, women, individuals with a disabili-
ty and dislocated workers; the extent to which the  program  is  coordi-
nated  with  other  assistance  programs targeted to small and new busi-
nesses; the ability of the program to leverage other sources of  funding
and  support;  the  success of the training programs in aiding entrepre-
neurs to start up new businesses, including the number of  new  business
start-ups  resulting  from  the program, and the quality of supplemental
technical assistance offered to graduates of the  training  programs;  A
REGIONAL  ANALYSIS  OF THE EFFECTIVENESS OF A SELF-EMPLOYMENT ASSISTANCE
PROGRAM, AS ESTABLISHED IN SECTION  FIVE  HUNDRED  NINETY-ONE-A  OF  THE
LABOR  LAW,  SPONSORED  BUSINESSES  AND BUSINESS ACTIVITY, INCLUDING ANY
REGIONAL DISPARITIES IN THE PARTICIPATION  RATES  OF  SUCH  CENTERS  AND
CONDUCTED  AT SUCH CENTERS AND THE NEED FOR MECHANISMS TO ALLEVIATE SUCH
DISPARITIES; such report shall recommend changes and improvements in the
program;
  S 3. Subparagraph (iii) of paragraph (c) of subdivision 2  of  section
591-a  of the labor law, as amended by section 1 of part Z of chapter 57
of the laws of 2013, is amended to read as follows:
  (iii)  are  participating  in  self-employment  assistance  activities
approved by the department and by the department of economic development
which include but need not be limited to entrepreneurial training, busi-
ness  counseling,  and technical assistance, including financing assist-
ance for qualified individuals as appropriate, offered by  entrepreneur-
ship  support centers established pursuant to section two hundred twelve
of the economic development law, state  university  of  New  York  small
business development centers, programs offered by community-based organ-
izations,  local  development  corporations,  and  boards of cooperative
educational services (BOCES) as  established  pursuant  to  section  one
thousand  nine hundred fifty of the education law; and, unless otherwise
required by federal law or regulation, no individual shall be prohibited
from or disqualified from eligibility for the program if prior to apply-

S. 5806                            40

ing for the program, an individual has printed business cards or  has  a
website  that  is designed but not active, and neither are being used to
solicit or conduct business. SELF-EMPLOYMENT ASSISTANCE  ACTIVITIES  MAY
INCLUDE  CLASSROOM  TRAINING  FOR UP TO FORTY HOURS AND ONE-ON-ONE COUN-
SELING FOR UP TO TWENTY  HOURS  FOR  EACH  PARTICIPANT,  INSTRUCTION  ON
START-UP  BUSINESS  FINANCIAL  MANAGEMENT,  CAPITAL  ACQUISITION AND THE
DEVELOPMENT OF BUSINESS PLANS TO ESTABLISH A  SUCCESSFUL  BUSINESS,  THE
PROVISION  OF  INFORMATION ON THE EXISTENCE OF LOCAL PROFESSIONAL ORGAN-
IZATIONS OR CHAMBERS OF COMMERCE THAT CAN  HELP  TO  PROVIDE  A  SUPPORT
NETWORK FOR THE SUCCESSFUL ESTABLISHMENT AND OPERATION OF A NEWLY FORMED
BUSINESS,  AND OFFER THE PROVISION OF FOLLOW-UP ADVICE AND COUNSELING TO
PARTICIPANTS TO HELP ENSURE THE SUCCESS OF SUCH BUSINESS VENTURE;
  S 4. Section 10 of chapter 413 of the laws of 2003, amending the labor
law  relating  to  the  self-employment  assistance  program  and  other
matters,  as amended by section 2 of part Z of chapter 57 of the laws of
2013, is amended to read as follows:
  S 10.  This act shall take effect immediately; provided, however, that
sections eight and nine of this act shall expire December 7, [2015] 2017
when upon such date the provisions of  such  sections  shall  be  deemed
repealed.
  S  5. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law; provided, however that
the amendments to section 591-a of the labor law made by  section  three
of  this  act  shall  not affect the repeal of such section and shall be
deemed repealed therewith.

                                 PART R

  Section 1. Paragraph (f) of subdivision 1 of section 336 of the social
services law, as amended by section 148 of part B of chapter 436 of  the
laws  of  1997, is amended and a new paragraph (j-l) is added to read as
follows:
  (f) job search and job readiness assistance, provided that job  search
is  an  active  and continuing effort to secure employment configured by
the local social services official; AND SUCH  SOCIAL  SERVICES  DISTRICT
MAY  WORK  IN  COOPERATION WITH THE DEPARTMENT OF LABOR TO PROVIDE WORK-
FORCE GUIDANCE AND INFORMATION IN ACCORDANCE WITH SECTION TEN-C  OF  THE
LABOR LAW;
  (J-L)  EDUCATION  OR A COURSE OF INSTRUCTION IN FINANCIAL LITERACY AND
PERSONAL FINANCE THAT INCLUDES INSTRUCTION ON HOUSEHOLD CASH  MANAGEMENT
TECHNIQUES,  CAREER ADVICE TO OBTAIN A WELL PAYING AND SECURE JOB, USING
CHECKING AND SAVINGS ACCOUNTS, OBTAINING AND UTILIZING  SHORT  AND  LONG
TERM  CREDIT,  SECURING  A LOAN OR OTHER LONG TERM FINANCING ARRANGEMENT
FOR HIGH COST ITEMS SUCH AS A MOTOR VEHICLE, HOME OR PARTICIPATION IN  A
HIGHER  EDUCATION  COURSE  OF INSTRUCTION OR TRADE SCHOOL, OBTAINING AND
USING CREDIT AND DEBIT CARDS, INVESTING AND SAVING MONEY,  AND  PLANNING
FOR RETIREMENT.
  S  2.  Subdivision  1  of section 336-a of the social services law, as
amended by section 148 of part B of chapter 436 of the laws of 1997,  is
amended to read as follows:
  1.  Social  services  districts shall make available vocational educa-
tional training and educational activities.  Such activities may include
but need not be limited to, high school education or education  designed
to  prepare  a  participant  for  a high school equivalency certificate,
basic and remedial education, education in English  proficiency,  EDUCA-
TION  IN  FINANCIAL  LITERACY AND PERSONAL FINANCE PURSUANT TO PARAGRAPH

S. 5806                            41

(J-1) OF SUBDIVISION ONE OF SECTION THREE  HUNDRED  THIRTY-SIX  OF  THIS
TITLE, and no more than a total of two years of post-secondary education
(or  the  part-time  equivalent  if  full-time study would constitute an
undue  hardship)  in  any  of  the  following  providers  which meet the
performance or assessment standards established in  regulations  by  the
commissioner  for  such providers:   a community college, licensed trade
school, registered business school, or  a  two-year  college;  provided,
however,  that  such  post-secondary  education must be necessary to the
attainment of the participant's individual employment goal as set  forth
in  the employability plan and such goal must relate directly to obtain-
ing useful employment in a recognized occupation.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that the commissioner  of
temporary  and  disability  assistance  is  immediately  authorized  and
directed to promulgate, amend and/or repeal any  rules  and  regulations
that  may  be  necessary  to implement the provisions of this act on its
effective date.

                                 PART S

  Section 1. Section 483-ee of the social  services  law,  as  added  by
chapter  74 of the laws of 2007, subdivision (a) as amended by section 5
of part A-1 of chapter 56 of the laws of 2010, is  amended  to  read  as
follows:
  S  483-ee.  Establishment of interagency task force on human traffick-
ing. (a) There is established an interagency task force  on  trafficking
in persons, which shall consist of the following members or their desig-
nees: (1) the commissioner of the division of criminal justice services;
(2)  the  commissioner of the office of temporary and disability assist-
ance; (3) the commissioner of health; (4) the commissioner of the office
of mental health; (5) the commissioner of labor; (6) the commissioner of
the office of children and family services; (7) the commissioner of  the
office  of  alcoholism and substance abuse services; (8) the director of
the office of victim services; (9) the executive director of the  office
for  the  prevention of domestic violence; [and] (10) the superintendent
of the division of state police; AND THE FOLLOWING  ADDITIONAL  MEMBERS,
WHO  SHALL BE PROMPTLY APPOINTED BY THE GOVERNOR, EACH FOR A TERM OF TWO
YEARS, PROVIDED THAT SUCH PERSON'S MEMBERSHIP SHALL CONTINUE AFTER  SUCH
TWO YEAR TERM UNTIL A SUCCESSOR IS APPOINTED AND PROVIDED, FURTHER, THAT
A MEMBER MAY BE REAPPOINTED IF AGAIN RECOMMENDED IN THE MANNER SPECIFIED
IN  THIS  SUBDIVISION: (11) THREE MEMBERS, WHO SHALL BE APPOINTED ON THE
RECOMMENDATION OF THE TEMPORARY PRESIDENT OF THE  SENATE  ONE  OF  WHICH
SHALL  HAVE  EXPERIENCE PROVIDING SERVICES TO VICTIMS OF HUMAN TRAFFICK-
ING; AND (12) THREE MEMBERS, WHO SHALL BE APPOINTED ON  THE  RECOMMENDA-
TION  OF  THE SPEAKER OF THE ASSEMBLY ONE OF WHICH SHALL HAVE EXPERIENCE
PROVIDING SERVICES TO VICTIMS OF HUMAN TRAFFICKING; and others as may be
necessary to carry  out  the  duties  and  responsibilities  under  this
section.  The  task force will be co-chaired by the commissioners of the
division of criminal justice services and the office  of  temporary  and
disability assistance, or their designees.  It shall meet as often as is
necessary,  BUT  NO  LESS  THAN  THREE TIMES PER YEAR, and under circum-
stances as are appropriate to fulfilling its duties under this  section.
ALL  MEMBERS SHALL BE PROVIDED WITH WRITTEN NOTICE REASONABLY IN ADVANCE
OF EACH MEETING WITH DATE, TIME AND LOCATION OF SUCH MEETING.
  (b) The task force shall: (1) collect and organize data on the  nature
and  extent  of trafficking in persons in the state; (2) identify avail-

S. 5806                            42

able federal, state and local programs that provide services to  victims
of  trafficking,  including but not limited to case management, housing,
health care, mental health  counseling,  drug  addiction  screening  and
treatment,  language  interpretation  and  translation services, English
language instruction, job training and  placement  assistance,  post-em-
ployment services for job retention, and services to assist the individ-
ual  and any of his or her family members to establish a permanent resi-
dence in  New  York  state  or  the  United  States;  (3)  consult  with
governmental  and non-governmental organizations in developing recommen-
dations to strengthen state and local efforts  to  prevent  trafficking,
protect and assist victims of trafficking and prosecute traffickers; (4)
establish  interagency  protocols  and  collaboration  between  federal,
state, and local law enforcement, state and governmental agencies, child
welfare  agencies,  and  non-governmental  organizations;  (5)  evaluate
approaches  to  increase  public  awareness  about  trafficking and make
recommendations on such approaches; (6) evaluate  the  effectiveness  of
training  programs  on human trafficking that have been designed for law
enforcement  personnel,  criminal  defense  attorneys,  social   service
providers  and  non-governmental organizations, and make recommendations
for improving the quality and effectiveness of such programs; [and]  (7)
measure  and  evaluate the progress of the state in preventing traffick-
ing, protecting and providing assistance to victims of trafficking,  and
prosecuting  persons engaged in trafficking; AND (8) CONVENE ANY SUBCOM-
MITTEE NECESSARY, PROVIDED SUCH SUBCOMMITTEE HAS AT  LEAST  ONE  OF  THE
MEMBERS APPOINTED BY THE SPEAKER OF THE ASSEMBLY, TEMPORARY PRESIDENT OF
THE  SENATE OR GOVERNOR, TO CONSIDER SPECIFIC ISSUES, INCLUDING, BUT NOT
LIMITED TO: FEDERAL, STATE AND/OR LOCAL COOPERATION; JUVENILES AND HUMAN
TRAFFICKING; THE IMPORTANCE OF TRAINING  AND  WHO  SHOULD  RECEIVE  SUCH
TRAINING; HOW DATA IS COMPILED AND SHARED; SERVICES FOR AND TREATMENT OF
DOMESTIC VERSUS FOREIGN BORN VICTIMS.
  (c)  [One  year from the effective date of this section, or earlier if
deemed appropriate, the task force shall report to the governor and  the
legislature  on these issues,] THE TASK FORCE SHALL REPORT TO THE GOVER-
NOR, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF  THE  ASSEMBLY,
THE  TEMPORARY  PRESIDENT  OF  THE SENATE AND THE MINORITY LEADER OF THE
SENATE NO LESS THAN ANNUALLY, and  it  shall  [thereafter]  ADDITIONALLY
issue  such  reports  and recommendations as it deems necessary to carry
out its duties and responsibilities.
  (D) THE MEMBERS OF THE TASK FORCE SHALL RECEIVE  NO  SALARY  OR  OTHER
COMPENSATION  FOR  THEIR SERVICES BUT SHALL BE ENTITLED TO REIMBURSEMENT
FOR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE  OF  THEIR
DUTIES  WITHIN  AMOUNTS MADE AVAILABLE BY APPROPRIATION THEREFOR SUBJECT
TO THE APPROVAL OF THE DIRECTOR OF THE BUDGET. THE  INTERAGENCY  MEMBERS
OF  THE  TASK  FORCE  SHALL RECEIVE NO ADDITIONAL COMPENSATION FOR THEIR
SERVICES ON THE TASK FORCE  ABOVE  THE  SALARY  THEY  RECEIVE  FROM  THE
RESPECTIVE DEPARTMENTS OR DIVISIONS THAT EMPLOY THEM.
  S  2. Section 14 of chapter 74 of the laws of 2007, amending the penal
law, the criminal procedure law, the correction law, the social services
law, and the executive law relating to human trafficking, as amended  by
chapter 24 of the laws of 2011, is amended to read as follows:
  S  14.    This  act  shall  take  effect on the first of November next
succeeding the date on which it shall have become a law;  provided  that
section 483-ee of the social services law, as added by section eleven of
this  act,  shall take effect immediately and shall remain in full force
and effect until September 1,  [2013]  2017  when  upon  such  date  the
provisions  of  such  section  shall  expire  and  be  deemed  repealed.

S. 5806                            43

Provided, effective immediately, the addition, amendment  and/or  repeal
of any rule or regulation necessary for the timely implementation of the
provisions  of  article  10-D  of  the  social services law, as added by
section  eleven  of this act, on its effective date are authorized to be
made on or before such effective date.
  S 3. This act shall take effect immediately; provided that the  amend-
ments  to  section 483-ee of the social services law made by section one
of this act shall not affect the repeal of such  section  and  shall  be
deemed repealed therewith.

                                 PART T

  Section  1.  Subdivision  1 of section 207 of the public health law is
amended by adding a new paragraph (i) to read as follows:
  (I) THE  AVAILABILITY  OF  INDIVIDUAL,  FAMILY  AND  GROUP  COUNSELING
PROGRAMS,  EDUCATION PROGRAMS, AND ADVOCACY SERVICES PROVIDED AT NO COST
BY GOVERNMENTAL AGENCIES AND NOT-FOR-PROFIT ORGANIZATIONS FOR VICTIMS OF
ANY SEXUAL OFFENSE WHICH CONSTITUTES A CRIME AND FOR  VICTIMS  OF  CHILD
PORNOGRAPHY PROMOTION OR POSSESSION.
  S 2. This act shall take effect immediately.

                                 PART U

  Section  1.    Subdivision  1  of section 5-508 of the election law is
amended by adding a new paragraph (c) to read as follows:
  (C) "VICTIM OF SEXUAL VIOLENCE" MEANS ANY PERSON WHO IS  A  VICTIM  OF
ANY OFFENSE UNDER ARTICLE ONE HUNDRED THIRTY OF THE PENAL LAW.
  S  2.  Section  5-508  of  the election law is amended by adding a new
subdivision 3 to read as follows:
  3. UPON APPLICATION MADE TO THE SUPREME COURT, IN THE COUNTY WHEREIN A
VICTIM OF SEXUAL VIOLENCE IS REGISTERED PURSUANT TO  THIS  ARTICLE,  THE
COURT  MAY ISSUE AN ORDER REQUIRING THAT ANY REGISTRATION RECORD KEPT OR
MAINTAINED IN ACCORDANCE WITH THIS ARTICLE WITH RESPECT TO SUCH AN INDI-
VIDUAL BE KEPT SEPARATE AND APART FROM OTHER  REGISTRATION  RECORDS  AND
NOT  BE  MADE  AVAILABLE  FOR INSPECTION OR COPYING BY THE PUBLIC OR ANY
OTHER PERSON, EXCEPT ELECTION OFFICIALS ACTING  WITHIN  THE  COURSE  AND
SCOPE  OF  THEIR  OFFICIAL DUTIES AND ONLY AS PERTINENT AND NECESSARY IN
CONNECTION THEREWITH.
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law. Effective immediately, the addition,  amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation  of this act on its effective date is authorized to be made on or
before such date.

                                 PART V

  Section 1. Subdivision 1-c of section 240 of  the  domestic  relations
law,  as  added  by  chapter  150  of the laws of 1998, paragraph (a) as
amended by chapter 378 of the laws of 1999 and paragraph (c) as  amended
by chapter 41 of the laws of 2010, is amended to read as follows:
  1-c.  (a)  Notwithstanding  any other provision of this chapter to the
contrary, no court shall make  an  order  providing  for  visitation  or
custody  to  a  person  who has been convicted of murder in the first or
second degree in this state, or  convicted  of  an  offense  in  another
jurisdiction  which, if committed in this state, would constitute either
murder in the first or second degree,  of  a  parent,  legal  custodian,

S. 5806                            44

legal  guardian,  sibling, half-sibling or step-sibling of any child who
is the subject of the proceeding. Pending determination  of  a  petition
for  visitation  or  custody,  such  child shall not visit and no person
shall  visit with such child present, such person who has been convicted
of murder in the first or second degree in this state, or  convicted  of
and  offense  in another jurisdiction which, if committed in this state,
would constitute either murder in the  first  or  second  degree,  of  a
parent,  legal custodian, legal guardian, sibling, half-sibling or step-
sibling of a child who is the subject  of  the  proceeding  without  the
consent of such child's custodian or legal guardian.
  (b) NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER TO THE CONTRA-
RY,  THERE  SHALL BE A REBUTTABLE PRESUMPTION THAT IT IS NOT IN THE BEST
INTERESTS OF THE CHILD TO BE PLACED IN THE CUSTODY OF OR TO VISIT WITH A
PERSON WHO HAS BEEN CONVICTED OF ONE OR MORE  OF  THE  FOLLOWING  SEXUAL
OFFENSES  IN  THIS STATE OR CONVICTED OF ONE OR MORE OFFENSES IN ANOTHER
JURISDICTION WHICH, IF COMMITTED IN THIS STATE, WOULD CONSTITUTE ONE  OR
MORE  OF  THE FOLLOWING OFFENSES, WHEN A CHILD WHO IS THE SUBJECT OF THE
PROCEEDING WAS CONCEIVED AS A RESULT: (A) RAPE IN THE  FIRST  OR  SECOND
DEGREE;  (B)  COURSE  OF  SEXUAL  CONDUCT  AGAINST  A CHILD IN THE FIRST
DEGREE; (C) PREDATORY SEXUAL ASSAULT; OR (D)  PREDATORY  SEXUAL  ASSAULT
AGAINST A CHILD.
  (C)  Notwithstanding  paragraph (a) OR (B) of this subdivision a court
may order visitation or custody where:
  (i) (A) such child is of suitable age to signify assent and such child
assents to such visitation or custody; or
  (B) if such child is not  of  suitable  age  to  signify  assent,  the
child's custodian or legal guardian assents to such order; or
  (C) the person who has been convicted of murder in the first or second
degree, or an offense in another jurisdiction which if committed in this
state, would constitute either murder in the first or second degree, can
prove by a preponderance of the evidence that:
  (1)  he or she, or a family or household member of either party, was a
victim of domestic violence by the victim of such murder; and
  (2) the domestic violence was causally related to  the  commission  of
such murder; [and]
  (ii)  AND  the  court  finds that such visitation or custody is in the
best interests of the child.
  [(c)] (D) For the purpose of making a determination pursuant to clause
(C) of subparagraph (i) of paragraph [(b)] (C) of this subdivision,  the
court  shall not be bound by the findings of fact, conclusions of law or
ultimate conclusion as determined by  the  proceedings  leading  to  the
conviction  of  murder in the first or second degree in this state or of
an offense in another jurisdiction which, if committed  in  this  state,
would  constitute  murder  in  either  the  first or second degree, of a
parent, legal guardian, legal custodian, sibling, half-sibling or  step-
sibling  of  a  child  who  is  the  subject  of  the proceeding. In all
proceedings under this section, an attorney shall be appointed  for  the
child.
  S  2. Subdivision 1 of section 111-a of the domestic relations law, as
amended by chapter 353 of the laws  of  1993,  is  amended  to  read  as
follows:
  1.  Notwithstanding  any  inconsistent provisions of this or any other
law, and in addition to the notice requirements of any law pertaining to
persons other than those specified in subdivision two of  this  section,
notice  as  provided  herein  shall be given to the persons specified in
subdivision two of this section of  any  adoption  proceeding  initiated

S. 5806                            45

pursuant  to  this  article  or  of any proceeding initiated pursuant to
section one hundred fifteen-b OF THIS ARTICLE relating to the revocation
of an adoption consent, when such proceeding involves a child born  out-
of-wedlock  provided, however, that such notice shall not be required to
be given to any person who previously  has  been  given  notice  of  any
proceeding involving the child, pursuant to section three hundred eight-
y-four-c of the social services law, and provided further that notice in
an  adoption  proceeding, pursuant to this section shall not be required
to be given to any person who has  previously  received  notice  of  any
proceeding pursuant to section one hundred fifteen-b OF THIS ARTICLE. In
addition to such other requirements as may be applicable to the petition
in  any  proceeding  in  which  notice  must  be  given pursuant to this
section, the petition shall set forth the names and last known addresses
of all persons required to be given notice of the  proceeding,  pursuant
to  this section, and there shall be shown by the petition or by affida-
vit or other proof satisfactory to the court that there are  no  persons
other  than  those set forth in the petition who are entitled to notice.
For the purpose of determining persons entitled to  notice  of  adoption
proceedings  initiated  pursuant  to  this article, persons specified in
subdivision two of this section shall not include  any  person  who  has
been  convicted  of [rape in the first degree involving forcible compul-
sion, under subdivision one of section 130.35 of the penal law, when the
child who is the subject of the proceeding was conceived as a result  of
such rape] ONE OR MORE OF THE FOLLOWING SEXUAL OFFENSES IN THIS STATE OR
CONVICTED  OF  ONE  OR  MORE  OFFENSES IN ANOTHER JURISDICTION WHICH, IF
COMMITTED IN THIS STATE, WOULD CONSTITUTE ONE OR MORE OF  THE  FOLLOWING
OFFENSES,  WHEN  THE  CHILD  WHO  IS  THE  SUBJECT OF THE PROCEEDING WAS
CONCEIVED AS A RESULT: (A) RAPE IN FIRST OR SECOND DEGREE; (B) COURSE OF
SEXUAL CONDUCT AGAINST A CHILD IN THE FIRST DEGREE; (C) PREDATORY SEXUAL
ASSAULT; OR (D) PREDATORY SEXUAL ASSAULT AGAINST A CHILD.
  S 3. Subdivision 1 of section 384-c of the  social  services  law,  as
amended  by  chapter  18  of  the  laws  of  1979, is amended to read as
follows:
  1. Notwithstanding any inconsistent provision of  this  or  any  other
law, and in addition to the notice requirements of any law pertaining to
persons  other  than those specified in subdivision two of this section,
notice as provided herein shall be given to  the  persons  specified  in
subdivision  two of this section of any proceeding initiated pursuant to
sections three hundred fifty-eight-a,  three  hundred  eighty-four,  and
three  hundred  eighty-four-b  of  this  chapter, involving a child born
out-of-wedlock.  Persons specified in subdivision two  of  this  section
shall  not  include  any  person  who has been convicted of [rape in the
first degree involving forcible compulsion,  under  subdivision  one  of
section  130.35  of  the penal law, when the child who is the subject of
the proceeding was conceived as a result of such rape] ONE  OR  MORE  OF
THE  FOLLOWING SEXUAL OFFENSES IN THIS STATE OR CONVICTED OF ONE OR MORE
OFFENSES IN ANOTHER JURISDICTION WHICH,  IF  COMMITTED  IN  THIS  STATE,
WOULD  CONSTITUTE  ONE OR MORE OF THE FOLLOWING OFFENSES, WHEN THE CHILD
WHO IS THE SUBJECT OF THE PROCEEDING WAS CONCEIVED AS A RESULT: (A) RAPE
IN FIRST OR SECOND DEGREE; (B) COURSE OF SEXUAL CONDUCT AGAINST A  CHILD
IN  THE  FIRST  DEGREE;  (C)  PREDATORY SEXUAL ASSAULT; OR (D) PREDATORY
SEXUAL ASSAULT AGAINST A CHILD.
  S 4. This act shall take effect immediately.

                                 PART W

S. 5806                            46

  Section 1. Subdivision 1 of section 130.00 of the penal law is amended
to read as follows:
  1.  "Sexual intercourse" [has its ordinary meaning and occurs upon any
penetration, however slight] MEANS CONDUCT BETWEEN PERSONS CONSISTING OF
CONTACT BETWEEN THE PENIS AND THE VAGINA OR VULVA.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

                                 PART X

  Section  1.  This  act  shall be known and may be cited as "Brittany's
Law".
  S 2. The penal law is amended by adding two new  sections  195.03  and
195.04 to read as follows:
S 195.03 FAILURE  TO  REGISTER OR VERIFY AS A VIOLENT FELONY OFFENDER IN
           THE SECOND DEGREE.
  A PERSON IS GUILTY OF FAILURE TO REGISTER OR VERIFY AS A VIOLENT FELO-
NY OFFENDER IN THE SECOND DEGREE WHEN, BEING A VIOLENT  FELONY  OFFENDER
REQUIRED  TO  REGISTER  OR  VERIFY  PURSUANT  TO  ARTICLE  SIX-B  OF THE
CORRECTION LAW, HE OR SHE FAILS TO REGISTER OR VERIFY IN THE MANNER  AND
WITHIN THE TIME PERIODS PROVIDED FOR IN SUCH ARTICLE.
  FAILURE  TO  REGISTER  OR  VERIFY  AS A VIOLENT FELONY OFFENDER IN THE
SECOND DEGREE IS A CLASS E FELONY.
S 195.04 FAILURE TO REGISTER OR VERIFY AS A VIOLENT FELONY  OFFENDER  IN
           THE FIRST DEGREE.
  A PERSON IS GUILTY OF FAILURE TO REGISTER OR VERIFY AS A VIOLENT FELO-
NY  OFFENDER  IN  THE  FIRST  DEGREE WHEN HE OR SHE COMMITS THE CRIME OF
FAILURE TO REGISTER OR VERIFY AS A VIOLENT FELONY OFFENDER IN THE SECOND
DEGREE AND HAS PREVIOUSLY BEEN CONVICTED OF FAILURE TO REGISTER OR VERI-
FY AS A VIOLENT FELONY OFFENDER IN  THE  SECOND  DEGREE  AS  DEFINED  IN
SECTION 195.03 OF THIS ARTICLE.
  FAILURE  TO  REGISTER  OR  VERIFY  AS A VIOLENT FELONY OFFENDER IN THE
FIRST DEGREE IS A CLASS D FELONY.
  S 3. The correction law is amended by adding a new article 6-B to read
as follows:
                               ARTICLE 6-B
                  VIOLENT FELONY OFFENDER REGISTRATION
SECTION 162.   DEFINITIONS.
        163.   DUTIES OF THE DIVISION; REGISTRATION INFORMATION.
        164.   VIOLENT FELONY OFFENDER; RELOCATION; NOTIFICATION.
        165.   DUTIES OF THE COURT.
        166.   DISCHARGE OF VIOLENT FELONY  OFFENDER  FROM  CORRECTIONAL
                 FACILITY; DUTIES OF OFFICIAL IN CHARGE.
        167.   DUTY TO REGISTER.
        167-A. PRIOR CONVICTIONS; DUTY TO INFORM AND REGISTER.
        167-B. DURATION OF REGISTRATION.
        167-C. REGISTRATION REQUIREMENTS.
        167-D. NOTIFICATION  OF LOCAL LAW ENFORCEMENT AGENCIES OF CHANGE
                 OF ADDRESS.
        167-E. REGISTRATION FOR CHANGE OF ADDRESS FROM ANOTHER STATE.
        167-F. BOARD OF EXAMINERS OF VIOLENT FELONY OFFENDERS.
        167-G. REVIEW.
        167-H. JUDICIAL DETERMINATION.
        167-I. PETITION FOR RELIEF.
        167-J. SPECIAL TELEPHONE NUMBER.
        167-K. VIOLENT PREDATOR SUBDIRECTORY.

S. 5806                            47

        167-L. IMMUNITY FROM LIABILITY.
        167-M. ANNUAL REPORT.
        167-N. FAILURE TO REGISTER; PENALTY.
        167-O. UNAUTHORIZED RELEASE OF INFORMATION.
        167-P. SEVERABILITY.
        167-Q. SUBDIRECTORY; INTERNET POSTING.
  S 162. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING DEFINITIONS
APPLY:
  1. "VIOLENT FELONY OFFENDER" INCLUDES ANY PERSON WHO IS CONVICTED OF A
VIOLENT  FELONY  OFFENSE AS DEFINED UNDER SECTION 70.02 OF THE PENAL LAW
OR A CLASS A FELONY OFFENSE DEFINED IN THE PENAL LAW OTHER THAN A  CLASS
A FELONY OFFENSE DEFINED IN ARTICLE TWO HUNDRED TWENTY OF THE PENAL LAW.
CONVICTIONS  THAT  RESULT  FROM  OR  ARE CONNECTED WITH THE SAME ACT, OR
RESULT FROM OFFENSES COMMITTED AT THE SAME TIME, SHALL  BE  COUNTED  FOR
THE PURPOSE OF THIS ARTICLE AS  ONE CONVICTION. ANY CONVICTION SET ASIDE
PURSUANT TO LAW IS NOT A CONVICTION FOR PURPOSES OF THIS ARTICLE.
  2.  "VIOLENT  FELONY  OFFENSE"  MEANS  A  CONVICTION FOR AN OFFENSE AS
DEFINED UNDER SECTION 70.02 OF THE PENAL LAW OR A CLASS A FELONY OFFENSE
DEFINED IN THE PENAL LAW OTHER THAN A CLASS A OFFENSE DEFINED IN ARTICLE
TWO HUNDRED TWENTY OF THE PENAL LAW.
  3. "LAW ENFORCEMENT AGENCY HAVING JURISDICTION" MEANS  THE  CHIEF  LAW
ENFORCEMENT  OFFICER  IN  THE VILLAGE, TOWN OR CITY IN WHICH THE VIOLENT
FELONY OFFENDER EXPECTS TO RESIDE UPON HIS OR HER DISCHARGE,  PROBATION,
PAROLE OR UPON ANY FORM OF STATE OR LOCAL CONDITIONAL RELEASE.
  4.  "DIVISION"  MEANS THE DIVISION OF CRIMINAL JUSTICE SERVICES ESTAB-
LISHED UNDER ARTICLE THIRTY-FIVE OF THE EXECUTIVE LAW.
  5. "HOSPITAL" MEANS A  HOSPITAL  AS  DEFINED  IN  SUBDIVISION  TWO  OF
SECTION FOUR HUNDRED OF THIS CHAPTER AND APPLIES TO PERSONS COMMITTED TO
SUCH HOSPITAL BY ORDER OF COMMITMENT MADE PURSUANT TO ARTICLE SIXTEEN OF
THIS CHAPTER.
  6.  "VIOLENT  PREDATOR"  MEANS  A  PERSON  WHO HAS BEEN CONVICTED OF A
VIOLENT FELONY OFFENSE AS DEFINED IN THIS ARTICLE, OR A  VIOLENT  FELONY
OFFENDER  AS  DEFINED  IN  THIS ARTICLE WHO SUFFERS FROM A MENTAL ABNOR-
MALITY THAT MAKES SUCH PERSON LIKELY TO ENGAGE IN VIOLENT CONDUCT.
  7. "MENTAL ABNORMALITY" MEANS A CONGENITAL OR ACQUIRED CONDITION OF  A
PERSON  THAT  AFFECTS THE EMOTIONAL OR VOLITIONAL CAPACITY OF THE PERSON
IN A MANNER THAT PREDISPOSES THAT PERSON TO THE COMMISSION  OF  CRIMINAL
VIOLENT  ACTS  TO  A DEGREE THAT MAKES THE PERSON A MENACE TO THE HEALTH
AND SAFETY OF OTHER PERSONS.
  8. "BOARD" MEANS THE BOARD OF EXAMINERS OF  VIOLENT  FELONY  OFFENDERS
ESTABLISHED  PURSUANT TO SECTION ONE HUNDRED SIXTY-SEVEN-F OF THIS ARTI-
CLE.
  9. "LOCAL CORRECTIONAL FACILITY" MEANS A LOCAL  CORRECTIONAL  FACILITY
AS  THAT  TERM  IS DEFINED IN SUBDIVISION SIXTEEN OF SECTION TWO OF THIS
CHAPTER.
  S 163. DUTIES OF THE DIVISION; REGISTRATION INFORMATION. 1. THE  DIVI-
SION  SHALL  ESTABLISH  AND  MAINTAIN  A FILE OF INDIVIDUALS REQUIRED TO
REGISTER PURSUANT TO THE PROVISIONS OF THIS ARTICLE WHICH SHALL  INCLUDE
THE FOLLOWING INFORMATION OF EACH REGISTRANT:
  (A)  THE  VIOLENT  FELONY  OFFENDER'S  NAME, ALL ALIASES USED, DATE OF
BIRTH, SEX, RACE, HEIGHT, WEIGHT, EYE COLOR,  DRIVER'S  LICENSE  NUMBER,
HOME ADDRESS AND/OR EXPECTED PLACE OF DOMICILE.
  (B) A PHOTOGRAPH AND SET OF FINGERPRINTS.
  (C) A DESCRIPTION OF THE OFFENSE FOR WHICH THE VIOLENT FELONY OFFENDER
WAS CONVICTED, THE DATE OF CONVICTION AND THE SENTENCE IMPOSED.
  (D) ANY OTHER INFORMATION DEEMED PERTINENT BY THE DIVISION.

S. 5806                            48

  2.  THE  DIVISION  IS AUTHORIZED TO MAKE THE REGISTRY AVAILABLE TO ANY
REGIONAL OR NATIONAL  REGISTRY  OF  VIOLENT  FELONY  OFFENDERS  FOR  THE
PURPOSE OF SHARING INFORMATION. THE DIVISION SHALL ACCEPT FILES FROM ANY
REGIONAL OR NATIONAL REGISTRY OF VIOLENT FELONY OFFENDERS AND SHALL MAKE
SUCH  FILES  AVAILABLE WHEN REQUESTED PURSUANT TO THE PROVISIONS OF THIS
ARTICLE. THE DIVISION SHALL REQUIRE THAT NO INFORMATION INCLUDED IN  THE
REGISTRY  SHALL  BE  MADE  AVAILABLE  EXCEPT  IN  THE FURTHERANCE OF THE
PROVISIONS OF THIS ARTICLE.
  3. THE DIVISION SHALL DEVELOP A STANDARDIZED REGISTRATION FORM  TO  BE
MADE  AVAILABLE  TO THE APPROPRIATE AUTHORITIES AND PROMULGATE RULES AND
REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
  4. THE DIVISION SHALL MAIL A NONFORWARDABLE VERIFICATION FORM  TO  THE
LAST  REPORTED  ADDRESS  OF  THE PERSON FOR ANNUAL VERIFICATION REQUIRE-
MENTS.
  5. THE DIVISION SHALL ALSO ESTABLISH AND OPERATE A TELEPHONE NUMBER AS
PROVIDED FOR IN SECTION ONE HUNDRED SIXTY-SEVEN-J OF THIS ARTICLE.
  6. THE DIVISION SHALL ALSO ESTABLISH A VIOLENT  PREDATOR  SUBDIRECTORY
PURSUANT TO SECTION ONE HUNDRED SIXTY-SEVEN-K OF THIS ARTICLE.
  7.  THE  DIVISION  SHALL ALSO ESTABLISH A PUBLIC AWARENESS CAMPAIGN TO
ADVISE THE PUBLIC OF THE PROVISIONS OF THIS ARTICLE.
  S 164. VIOLENT FELONY OFFENDER; RELOCATION; NOTIFICATION.  1.  IN  THE
CASE OF ANY VIOLENT FELONY OFFENDER, IT SHALL BE THE DUTY OF THE DEPART-
MENT, HOSPITAL OR LOCAL CORRECTIONAL FACILITY AT LEAST TEN CALENDAR DAYS
PRIOR  TO THE RELEASE OR DISCHARGE OF ANY VIOLENT FELONY OFFENDER FROM A
CORRECTIONAL FACILITY, HOSPITAL OR LOCAL CORRECTIONAL FACILITY TO NOTIFY
THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION  WHERE  APPROPRIATE,  AND
LAW ENFORCEMENT AGENCY HAVING HAD JURISDICTION AT THE TIME OF HIS OR HER
CONVICTION,  OF  THE  CONTEMPLATED  RELEASE OR DISCHARGE OF SUCH VIOLENT
FELONY OFFENDER, INFORMING SUCH LAW ENFORCEMENT AGENCIES OF THE NAME AND
ALIASES OF THE VIOLENT FELONY OFFENDER, THE ADDRESS AT WHICH HE  OR  SHE
PROPOSES  TO  RESIDE, THE ADDRESS AT WHICH HE OR SHE RESIDED AT THE TIME
OF HIS OR HER CONVICTION, THE AMOUNT OF TIME REMAINING TO BE SERVED,  IF
ANY,  ON THE FULL TERM FOR WHICH HE OR SHE WAS SENTENCED, AND THE NATURE
OF THE CRIME FOR WHICH HE OR SHE WAS SENTENCED, TRANSMITTING AT THE SAME
TIME A COPY OF SUCH VIOLENT FELONY OFFENDER'S  FINGERPRINTS  AND  PHOTO-
GRAPH AND A SUMMARY OF HIS OR HER CRIMINAL RECORD. IF SUCH VIOLENT FELO-
NY  OFFENDER CHANGES HIS OR HER PLACE OF RESIDENCE WHILE ON PAROLE, SUCH
NOTIFICATION OF THE CHANGE OF RESIDENCE SHALL BE  SENT  BY  THE  VIOLENT
FELONY  OFFENDER'S  PAROLE  OFFICER  WITHIN FORTY-EIGHT HOURS TO THE LAW
ENFORCEMENT AGENCY IN WHICH THE NEW PLACE OF RESIDENCE IS LOCATED.
  2. IN THE CASE OF ANY VIOLENT FELONY OFFENDER CONVICTED AND  SENTENCED
TO PROBATION, CONDITIONAL DISCHARGE OR UNCONDITIONAL DISCHARGE, IT SHALL
BE THE DUTY OF THE COURT WITHIN TWENTY-FOUR HOURS AFTER SUCH SENTENCE TO
NOTIFY  THE  LAW ENFORCEMENT AGENCY HAVING JURISDICTION, WHERE APPROPRI-
ATE, AND OF THE LAW ENFORCEMENT AGENCY HAVING HAD  JURISDICTION  AT  THE
TIME  OF  HIS  OR  HER  CONVICTION,  IF  DIFFERENT  FROM WHERE HE OR SHE
CURRENTLY RESIDES, AND/OR WHERE HE OR  SHE  CURRENTLY  RESIDES,  OF  THE
SENTENCE OF PROBATION, CONDITIONAL DISCHARGE OR UNCONDITIONAL DISCHARGE,
INFORMING  SUCH  LAW ENFORCEMENT AGENCIES OF THE NAME AND ALIASES OF THE
PERSON, THE ADDRESS AT WHICH HE OR SHE PROPOSES TO  RESIDE,  RESIDED  AT
AND/OR  AT  WHICH  HE OR SHE CURRENTLY RESIDES, THE AMOUNT OF TIME TO BE
SERVED ON PROBATION, AND THE NATURE OF THE CRIME FOR WHICH HE OR SHE WAS
SENTENCED, TRANSMITTING AT THE SAME TIME A COPY OF SUCH  VIOLENT  FELONY
OFFENDER'S FINGERPRINTS AND PHOTOGRAPH AND A SUMMARY OF HIS OR HER CRIM-
INAL  RECORD. IF SUCH PERSON CHANGES HIS OR HER PLACE OF RESIDENCE WHILE
ON PROBATION, SUCH NOTIFICATION OF THE CHANGE OF RESIDENCE SHALL BE SENT

S. 5806                            49

BY THE VIOLENT FELONY OFFENDER'S PROBATION  OFFICER  WITHIN  FORTY-EIGHT
HOURS TO THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION IN WHICH THE NEW
PLACE OF RESIDENCE IS LOCATED.
  3.  IN  THE  CASE OF ANY VIOLENT FELONY OFFENDER, WHO ON THE EFFECTIVE
DATE OF THIS SUBDIVISION IS ON PAROLE OR PROBATION, IT SHALL BE THE DUTY
OF SUCH VIOLENT FELONY OFFENDER'S PAROLE  OR  PROBATION  OFFICER  WITHIN
FORTY-FIVE  CALENDAR  DAYS  OF THE EFFECTIVE DATE OF THIS SUBDIVISION TO
NOTIFY THE LAW ENFORCEMENT AGENCY HAVING HAD JURISDICTION IN WHICH  SUCH
PERSON  RESIDED  AT THE TIME OF HIS OR HER CONVICTION, IF DIFFERENT FROM
WHERE HE OR SHE CURRENTLY RESIDES  AND/OR  WHERE  HE  OR  SHE  CURRENTLY
RESIDES,  OF  THE  NAME AND ALIASES OF SUCH VIOLENT FELONY OFFENDER, THE
ADDRESS AT WHICH HE OR SHE RESIDED AND/OR AT WHICH HE OR  SHE  CURRENTLY
RESIDES,  THE  AMOUNT  OF  TIME TO BE SERVED ON PAROLE OR PROBATION, THE
NATURE OF THE CRIME FOR WHICH HE OR SHE WAS SENTENCED,  TRANSMITTING  AT
THE  SAME TIME A COPY OF SUCH VIOLENT FELONY OFFENDER'S FINGERPRINTS AND
PHOTOGRAPH AND A SUMMARY OF HIS OR HER CRIMINAL RECORD. IF SUCH  VIOLENT
FELONY OFFENDER CHANGES HIS OR HER PLACE OF RESIDENCE WHILE ON PAROLE OR
PROBATION, SUCH NOTIFICATION OF THE CHANGE OF RESIDENCE SHALL BE SENT BY
THE  VIOLENT FELONY OFFENDER'S PAROLE OR PROBATION OFFICER WITHIN FORTY-
EIGHT HOURS TO THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION  IN  WHICH
THE NEW PLACE OF RESIDENCE IS LOCATED.
  4.  IN  THE  CASE  IN WHICH ANY VIOLENT FELONY OFFENDER ESCAPES FROM A
STATE OR LOCAL CORRECTIONAL FACILITY OR HOSPITAL, THE  DESIGNATED  OFFI-
CIAL  OF  THE  FACILITY  OR HOSPITAL WHERE THE PERSON WAS CONFINED SHALL
NOTIFY WITHIN TWENTY-FOUR HOURS THE LAW ENFORCEMENT  AGENCY  HAVING  HAD
JURISDICTION  AT  THE  TIME OF HIS OR HER CONVICTION, INFORMING SUCH LAW
ENFORCEMENT AGENCY OF THE NAME  AND  ALIASES  OF  THE  PERSON,  AND  THE
ADDRESS AT WHICH HE OR SHE RESIDED AT THE TIME OF HIS OR HER CONVICTION,
THE  AMOUNT  OF TIME REMAINING TO BE SERVED IF ANY, ON THE FULL TERM FOR
WHICH HE OR SHE WAS SENTENCED, AND THE NATURE OF THE CRIME FOR WHICH  HE
OR  SHE  WAS  SENTENCED,  TRANSMITTING  AT  THE SAME TIME A COPY OF SUCH
VIOLENT FELONY OFFENDER'S FINGERPRINTS AND PHOTOGRAPH AND A  SUMMARY  OF
HIS OR HER CRIMINAL RECORD.
  S 165. DUTIES OF THE COURT. 1. UPON CONVICTION THE COURT SHALL CERTIFY
THAT  THE  PERSON  IS  A  VIOLENT  FELONY OFFENDER AND SHALL INCLUDE THE
CERTIFICATION IN THE ORDER OF COMMITMENT. THE COURT  SHALL  ALSO  ADVISE
THE VIOLENT FELONY OFFENDER OF THE DUTIES OF THIS ARTICLE.
  2.  ANY  VIOLENT  FELONY  OFFENDER,  WHO  IS  RELEASED ON PROBATION OR
DISCHARGED UPON PAYMENT OF A  FINE  SHALL,  PRIOR  TO  SUCH  RELEASE  OR
DISCHARGE, BE INFORMED OF HIS OR HER DUTY TO REGISTER UNDER THIS ARTICLE
BY  THE COURT IN WHICH HE OR SHE WAS CONVICTED. WHERE THE COURT ORDERS A
VIOLENT FELONY OFFENDER RELEASED ON PROBATION, SUCH ORDER MUST INCLUDE A
PROVISION REQUIRING THAT HE OR SHE COMPLY WITH THE REQUIREMENTS OF  THIS
ARTICLE.  WHERE  SUCH  VIOLENT  FELONY OFFENDER VIOLATES SUCH PROVISION,
PROBATION MAY BE IMMEDIATELY REVOKED IN THE MANNER PROVIDED  BY  ARTICLE
FOUR  HUNDRED TEN OF THE CRIMINAL PROCEDURE LAW. THE COURT SHALL REQUIRE
THE VIOLENT FELONY OFFENDER TO  READ  AND  SIGN  SUCH  FORM  AS  MAY  BE
REQUIRED  BY THE DIVISION STATING THE DUTY TO REGISTER AND THE PROCEDURE
FOR REGISTRATION HAS BEEN EXPLAINED TO HIM OR HER. THE  COURT  SHALL  ON
SUCH  FORM  OBTAIN THE ADDRESS WHERE THE VIOLENT FELONY OFFENDER EXPECTS
TO RESIDE UPON HIS OR HER RELEASE, AND SHALL REPORT THE ADDRESS  TO  THE
DIVISION. THE COURT SHALL GIVE ONE COPY OF THE FORM TO THE VIOLENT FELO-
NY  OFFENDER  AND  SHALL  SEND  TWO  COPIES  TO THE DIVISION WHICH SHALL
FORWARD ONE COPY TO THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION WHERE
THE VIOLENT FELONY OFFENDER EXPECTS TO RESIDE UPON HIS OR  HER  RELEASE.
WITHIN  TEN  CALENDAR  DAYS OF BEING RELEASED ON PROBATION OR DISCHARGED

S. 5806                            50

UPON PAYMENT OF A FINE, SUCH VIOLENT FELONY OFFENDER SHALL REGISTER WITH
THE DIVISION FOR PURPOSES OF VERIFYING SUCH  VIOLENT  FELONY  OFFENDER'S
INTENDED  PLACE OF RESIDENCE.  ON EACH ANNIVERSARY OF THE VIOLENT FELONY
OFFENDER'S  ORIGINAL  REGISTRATION  DATE,  THE PROVISIONS OF SECTION ONE
HUNDRED SIXTY-SEVEN OF THIS ARTICLE SHALL APPLY.    THE  DIVISION  SHALL
ALSO  IMMEDIATELY  FORWARD  THE  CONVICTION DATA AND FINGERPRINTS TO THE
FEDERAL BUREAU OF INVESTIGATION IF NOT ALREADY OBTAINED.
  3. FOR VIOLENT FELONY OFFENDERS UNDER THIS SECTION, IT  SHALL  BE  THE
DUTY  OF  THE  COURT  APPLYING THE GUIDELINES ESTABLISHED IN SUBDIVISION
FIVE OF SECTION ONE HUNDRED SIXTY-SEVEN-F OF THIS ARTICLE  TO  DETERMINE
THE  DURATION OF REGISTRATION PURSUANT TO SECTION ONE HUNDRED SIXTY-SEV-
EN-B OF THIS ARTICLE AND NOTIFICATION PURSUANT  TO  SUBDIVISION  SIX  OF
SECTION ONE HUNDRED SIXTY-SEVEN-F OF THIS ARTICLE.  IN MAKING THE DETER-
MINATION,  THE COURT SHALL REVIEW ANY VICTIM'S STATEMENT AND ANY MATERI-
ALS SUBMITTED BY THE VIOLENT FELONY OFFENDER. THE COURT SHALL ALSO ALLOW
THE VIOLENT FELONY OFFENDER TO APPEAR  AND  BE  HEARD,  AND  INFORM  THE
VIOLENT  FELONY  OFFENDER OF HIS OR HER RIGHT TO HAVE COUNSEL APPOINTED,
IF NECESSARY.
  S 166. DISCHARGE OF VIOLENT FELONY OFFENDER FROM CORRECTIONAL  FACILI-
TY;  DUTIES OF OFFICIAL IN CHARGE. 1. ANY VIOLENT FELONY OFFENDER, TO BE
DISCHARGED, PAROLED OR RELEASED FROM ANY  STATE  OR  LOCAL  CORRECTIONAL
FACILITY,  HOSPITAL  OR  INSTITUTION  WHERE  HE  OR  SHE WAS CONFINED OR
COMMITTED, SHALL WITHIN FORTY-FIVE CALENDAR  DAYS  PRIOR  TO  DISCHARGE,
PAROLE OR RELEASE, BE INFORMED OF HIS OR HER DUTY TO REGISTER UNDER THIS
ARTICLE,  BY  THE FACILITY IN WHICH HE OR SHE WAS CONFINED OR COMMITTED.
THE FACILITY SHALL REQUIRE THE VIOLENT FELONY OFFENDER TO READ AND  SIGN
SUCH  FORM AS MAY BE REQUIRED BY THE DIVISION STATING THE DUTY TO REGIS-
TER AND THE PROCEDURE FOR REGISTRATION HAS BEEN EXPLAINED TO HIM OR HER.
THE FACILITY SHALL OBTAIN ON SUCH FORM THE  ADDRESS  WHERE  THE  VIOLENT
FELONY  OFFENDER  EXPECTS TO RESIDE UPON HIS OR HER DISCHARGE, PAROLE OR
RELEASE AND SHALL REPORT THE ADDRESS TO THE DIVISION. THE FACILITY SHALL
GIVE ONE COPY OF THE FORM TO THE VIOLENT FELONY OFFENDER AND SHALL  SEND
TWO  COPIES  TO  THE  DIVISION  WHICH  SHALL FORWARD ONE COPY TO THE LAW
ENFORCEMENT AGENCY HAVING JURISDICTION WHERE THE VIOLENT FELONY OFFENDER
EXPECTS TO RESIDE UPON HIS OR HER DISCHARGE, PAROLE OR RELEASE. IN ADDI-
TION, THE FACILITY SHALL GIVE THE VIOLENT  FELONY  OFFENDER  A  FORM  TO
REGISTER  WITH  THE  DIVISION  WITHIN  TEN CALENDAR DAYS FOR PURPOSES OF
VERIFYING SUCH VIOLENT FELONY OFFENDER'S INTENDED PLACE OF RESIDENCE.
  2. THE DIVISION SHALL ALSO IMMEDIATELY TRANSMIT  THE  CONVICTION  DATA
AND  FINGERPRINTS TO THE FEDERAL BUREAU OF INVESTIGATION, IF NOT ALREADY
OBTAINED.
  S 167. DUTY TO REGISTER.  1.  ANY  VIOLENT  FELONY  OFFENDER,  WHO  IS
DISCHARGED,  PAROLED  OR  RELEASED  FROM ANY STATE OR LOCAL CORRECTIONAL
FACILITY, HOSPITAL OR INSTITUTION  WHERE  HE  OR  SHE  WAS  CONFINED  OR
COMMITTED, SHALL REGISTER WITH THE DIVISION WITHIN TEN CALENDAR DAYS FOR
PURPOSES  OF  VERIFYING SUCH VIOLENT FELONY OFFENDER'S INTENDED PLACE OF
RESIDENCE.
  2. FOR A VIOLENT FELONY OFFENDER REQUIRED TO REGISTER UNDER THIS ARTI-
CLE ON EACH ANNIVERSARY OF THE VIOLENT FELONY OFFENDER'S INITIAL  REGIS-
TRATION  DATE DURING THE PERIOD ON WHICH HE OR SHE IS REQUIRED TO REGIS-
TER UNDER THIS SECTION THE FOLLOWING APPLIES:
  (A) THE VIOLENT FELONY OFFENDER SHALL MAIL THE  VERIFICATION  FORM  TO
THE DIVISION WITHIN TEN CALENDAR DAYS AFTER RECEIPT OF THE FORM.
  (B) THE VERIFICATION FORM SHALL BE SIGNED BY THE VIOLENT FELONY OFFEN-
DER, AND STATE THAT HE OR SHE STILL RESIDES AT THE ADDRESS LAST REPORTED
TO THE DIVISION.

S. 5806                            51

  (C) IF THE VIOLENT FELONY OFFENDER FAILS TO MAIL THE VERIFICATION FORM
TO  THE  DIVISION WITHIN TEN CALENDAR DAYS AFTER RECEIPT OF THE FORM, HE
OR SHE SHALL BE IN VIOLATION OF THIS SECTION.
  3.  THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION SHALL BE APPLIED
TO A VIOLENT FELONY OFFENDER REQUIRED TO  REGISTER  UNDER  THIS  ARTICLE
EXCEPT  THAT SUCH VIOLENT FELONY OFFENDER DESIGNATED AS A VIOLENT PREDA-
TOR MUST PERSONALLY VERIFY WITH THE LOCAL LAW  ENFORCEMENT  AGENCY,  THE
REGISTRATION  EVERY  NINETY  CALENDAR DAYS AFTER THE DATE OF THE INITIAL
RELEASE OR COMMENCEMENT OF PAROLE.
  4. ANY VIOLENT FELONY OFFENDER SHALL REGISTER WITH THE DIVISION WITHIN
TEN CALENDAR DAYS PRIOR TO ANY CHANGE OF ADDRESS. THE DIVISION SHALL, IF
THE VIOLENT FELONY OFFENDER CHANGES RESIDENCE TO ANOTHER  STATE,  NOTIFY
THE  APPROPRIATE  STATE  LAW  ENFORCEMENT  AGENCY WITH WHICH THE VIOLENT
FELONY OFFENDER MUST REGISTER IN THE NEW STATE. IF ANY  PERSON  REQUIRED
TO  REGISTER  AS  PROVIDED IN THIS ARTICLE CHANGES THE ADDRESS OF HIS OR
HER RESIDENCE, THE VIOLENT FELONY OFFENDER  SHALL  WITHIN  TEN  CALENDAR
DAYS, INFORM IN WRITING THE LAW ENFORCEMENT AGENCY WHERE LAST REGISTERED
OF  THE  NEW  ADDRESS.  THE  LAW  ENFORCEMENT AGENCY SHALL, WITHIN THREE
CALENDAR DAYS OF RECEIPT OF THE NEW ADDRESS, FORWARD THIS INFORMATION TO
THE DIVISION AND TO THE LAW ENFORCEMENT AGENCY  HAVING  JURISDICTION  IN
THE NEW PLACE OF RESIDENCE.
  5. THE DUTY TO REGISTER UNDER THE PROVISIONS OF THIS ARTICLE SHALL NOT
BE  APPLICABLE  TO  ANY  VIOLENT  FELONY  OFFENDER  WHOSE CONVICTION WAS
REVERSED UPON APPEAL OR WHO WAS PARDONED BY THE GOVERNOR.
  S 167-A. PRIOR CONVICTIONS; DUTY TO INFORM AND REGISTER. 1.  IT  SHALL
BE  THE DUTY OF THE SENTENCING COURT APPLYING THE GUIDELINES ESTABLISHED
IN SUBDIVISION FIVE OF SECTION ONE HUNDRED SIXTY-SEVEN-F OF THIS ARTICLE
TO DETERMINE THE  DURATION  OF  REGISTRATION  PURSUANT  TO  SECTION  ONE
HUNDRED  SIXTY-SEVEN-B  OF  THIS  ARTICLE  AND  NOTIFICATION PURSUANT TO
SUBDIVISION SIX OF SECTION ONE HUNDRED SIXTY-SEVEN-F OF THIS ARTICLE AND
NOTIFICATION FOR EVERY VIOLENT FELONY OFFENDER WHO ON THE EFFECTIVE DATE
OF THIS ARTICLE IS THEN ON PAROLE OR PROBATION FOR COMMITTING A  VIOLENT
FELONY  OFFENSE OR A CLASS A OFFENSE DEFINED IN THE PENAL LAW EXCEPT FOR
A CLASS A OFFENSE DEFINED IN ARTICLE TWO HUNDRED  TWENTY  OF  THE  PENAL
LAW.
  2.  EVERY  VIOLENT  FELONY  OFFENDER WHO ON THE EFFECTIVE DATE OF THIS
ARTICLE IS THEN ON PAROLE OR PROBATION  FOR  A  VIOLENT  FELONY  OFFENSE
SHALL  WITHIN  TEN CALENDAR DAYS OF SUCH DETERMINATION REGISTER WITH HIS
OR HER PAROLE OR PROBATION OFFICER. ON EACH ANNIVERSARY OF  THE  VIOLENT
FELONY  OFFENDER'S  INITIAL REGISTRATION DATE THEREAFTER, THE PROVISIONS
OF SECTION ONE HUNDRED SIXTY-SEVEN OF  THIS  ARTICLE  SHALL  APPLY.  ANY
VIOLENT  FELONY  OFFENDER  WHO  FAILS  OR  REFUSES TO SO COMPLY SHALL BE
SUBJECT TO THE SAME PENALTIES AS OTHERWISE PROVIDED FOR IN THIS  ARTICLE
WHICH  WOULD  BE  IMPOSED  UPON  A  VIOLENT FELONY OFFENDER WHO FAILS OR
REFUSES TO SO COMPLY WITH THE PROVISIONS OF THIS  ARTICLE  ON  OR  AFTER
SUCH EFFECTIVE DATE.
  3.  IT  SHALL BE THE DUTY OF THE PAROLE OR PROBATION OFFICER TO INFORM
AND REGISTER SUCH VIOLENT FELONY OFFENDER ACCORDING TO THE  REQUIREMENTS
IMPOSED  BY  THIS  ARTICLE. A PAROLE OR PROBATION OFFICER SHALL GIVE ONE
COPY OF THE FORM TO THE VIOLENT FELONY OFFENDER AND SHALL, WITHIN  THREE
CALENDAR  DAYS, SEND TWO COPIES ELECTRONICALLY OR OTHERWISE TO THE DIVI-
SION WHICH SHALL FORWARD ONE COPY ELECTRONICALLY OR OTHERWISE TO THE LAW
ENFORCEMENT AGENCY HAVING JURISDICTION WHERE THE VIOLENT FELONY OFFENDER
RESIDES UPON HIS OR HER PAROLE, PROBATION, OR UPON ANY FORM OF STATE  OR
LOCAL CONDITIONAL RELEASE.

S. 5806                            52

  4. A PETITION FOR RELIEF FROM THIS SECTION IS PERMITTED TO ANY VIOLENT
FELONY  OFFENDER  REQUIRED  TO  REGISTER  WHILE  RELEASED  ON  PAROLE OR
PROBATION PURSUANT TO SECTION ONE HUNDRED SIXTY-SEVEN-I OF THIS ARTICLE.
  S  167-B. DURATION OF REGISTRATION. THE DURATION OF REGISTRATION FOR A
VIOLENT FELONY OFFENDER SHALL BE ANNUALLY FOR A PERIOD OF TEN YEARS FROM
THE INITIAL DATE OF REGISTRATION, PROVIDED, HOWEVER, THAT FOR A  VIOLENT
PREDATOR,  SHALL ANNUALLY REGISTER AND VERIFY QUARTERLY FOR A MINIMUM OF
TEN YEARS UNLESS THE COURT DETERMINES IN  ACCORDANCE  WITH  SECTION  ONE
HUNDRED SIXTY-SEVEN-I OF THIS ARTICLE, THAT THE PERSON NO LONGER SUFFERS
FROM A MENTAL ABNORMALITY THAT WOULD MAKE HIM OR HER LIKELY TO ENGAGE IN
A PREDATORY VIOLENT OFFENSE.
  S  167-C.  REGISTRATION REQUIREMENTS. REGISTRATION AS REQUIRED BY THIS
ARTICLE SHALL CONSIST OF A STATEMENT IN WRITING SIGNED  BY  THE  VIOLENT
FELONY  OFFENDER GIVING THE INFORMATION THAT IS REQUIRED BY THE DIVISION
AND THE DIVISION SHALL ENTER THE INFORMATION INTO AN  APPROPRIATE  ELEC-
TRONIC DATABASE OR FILE.
  S  167-D.  NOTIFICATION OF LOCAL LAW ENFORCEMENT AGENCIES OF CHANGE OF
ADDRESS. 1. UPON RECEIPT OF A CHANGE OF  ADDRESS  BY  A  VIOLENT  FELONY
OFFENDER REQUIRED TO REGISTER UNDER THIS ARTICLE, THE LOCAL LAW ENFORCE-
MENT  AGENCY  WHERE  THE  VIOLENT  FELONY OFFENDER LAST REGISTERED SHALL
WITHIN THREE CALENDAR DAYS OF RECEIPT OF THE NEW ADDRESS,  FORWARD  THIS
INFORMATION  TO  THE  DIVISION  AND  TO THE LOCAL LAW ENFORCEMENT AGENCY
HAVING JURISDICTION OF THE NEW PLACE OF RESIDENCE.
  2. A CHANGE OF ADDRESS BY A VIOLENT FELONY OFFENDER REQUIRED TO REGIS-
TER UNDER THIS ARTICLE SHALL BE IMMEDIATELY REPORTED BY THE DIVISION  TO
THE  APPROPRIATE  LAW  ENFORCEMENT  AGENCY HAVING JURISDICTION WHERE THE
VIOLENT FELONY OFFENDER IS RESIDING.
  3. UPON RECEIPT OF  CHANGE  OF  ADDRESS  INFORMATION,  THE  LOCAL  LAW
ENFORCEMENT  AGENCY  HAVING  JURISDICTION  OF THE NEW PLACE OF RESIDENCE
SHALL ADHERE TO THE NOTIFICATION PROVISIONS SET FORTH IN SUBDIVISION SIX
OF SECTION ONE HUNDRED SIXTY-SEVEN-F OF THIS ARTICLE.
  S 167-E. REGISTRATION FOR CHANGE OF ADDRESS FROM ANOTHER STATE.  1.  A
VIOLENT  FELONY  OFFENDER  WHO  HAS  BEEN  CONVICTED OF AN OFFENSE WHICH
REQUIRES REGISTRATION UNDER SECTION ONE HUNDRED  SIXTY-SEVEN-C  OF  THIS
ARTICLE  SHALL  REGISTER THE NEW ADDRESS WITH THE DIVISION NO LATER THAN
TEN CALENDAR DAYS AFTER SUCH VIOLENT FELONY OFFENDER  ESTABLISHES  RESI-
DENCE  IN  THIS STATE. THE DIVISION SHALL COORDINATE WITH THE DESIGNATED
LAW ENFORCEMENT AGENCY OF THE STATE OF WHICH THE INDIVIDUAL DEPARTED  ON
INFORMATION RELEVANT TO THE DURATION OF REGISTRATION.
  2.  THE  DIVISION  SHALL ADVISE THE BOARD THAT THE OFFENDER HAS ESTAB-
LISHED RESIDENCE IN THIS STATE. THE BOARD SHALL  DETERMINE  WHETHER  THE
OFFENDER  IS REQUIRED TO REGISTER WITH THE DIVISION. IF IT IS DETERMINED
THAT THE OFFENDER IS REQUIRED TO REGISTER, THE DIVISION SHALL NOTIFY THE
OFFENDER OF HIS OR HER DUTY TO REGISTER UNDER  THIS  ARTICLE  AND  SHALL
REQUIRE  THE  OFFENDER TO SIGN A FORM AS MAY BE REQUIRED BY THE DIVISION
ACKNOWLEDGING THAT THE DUTY TO REGISTER AND THE PROCEDURE FOR  REGISTRA-
TION  HAS  BEEN  EXPLAINED TO THE OFFENDER. THE DIVISION SHALL OBTAIN ON
SUCH FORM THE ADDRESS WHERE THE OFFENDER EXPECTS TO  RESIDE  WITHIN  THE
STATE  AND  THE  OFFENDER SHALL RETAIN ONE COPY OF THE FORM AND SEND TWO
COPIES TO THE DIVISION WHICH SHALL PROVIDE THE INFORMATION  TO  THE  LAW
ENFORCEMENT  AGENCY  HAVING  JURISDICTION  WHERE THE OFFENDER EXPECTS TO
RESIDE WITHIN THIS STATE. NO LATER THAN THIRTY DAYS PRIOR TO  THE  BOARD
MAKING  A RECOMMENDATION, THE OFFENDER SHALL BE NOTIFIED THAT HIS OR HER
CASE IS UNDER REVIEW AND THAT HE OR SHE IS PERMITTED TO  SUBMIT  TO  THE
BOARD ANY INFORMATION RELEVANT TO THE REVIEW. AFTER REVIEWING ANY INFOR-
MATION  OBTAINED, AND APPLYING THE GUIDELINES ESTABLISHED IN SUBDIVISION

S. 5806                            53

FIVE OF SECTION ONE HUNDRED SIXTY-SEVEN-F OF  THIS  ARTICLE,  THE  BOARD
SHALL  WITHIN  SIXTY  CALENDAR  DAYS MAKE A RECOMMENDATION REGARDING THE
LEVEL OF NOTIFICATION PURSUANT TO SUBDIVISION SIX OF SECTION ONE HUNDRED
SIXTY-SEVEN-F  OF THIS ARTICLE AND WHETHER SUCH OFFENDER SHALL BE DESIG-
NATED A VIOLENT FELONY OFFENDER OR A VIOLENT PREDATOR.  THIS RECOMMENDA-
TION SHALL BE  CONFIDENTIAL  AND  SHALL  NOT  BE  AVAILABLE  FOR  PUBLIC
INSPECTION.  IT  SHALL  BE SUBMITTED BY THE BOARD TO THE COUNTY COURT OR
SUPREME COURT AND TO THE DISTRICT ATTORNEY IN THE COUNTY OF RESIDENCE OF
THE OFFENDER AND TO THE OFFENDER. IT SHALL BE THE  DUTY  OF  THE  COUNTY
COURT  OR  SUPREME  COURT  IN  THE  COUNTY OF RESIDENCE OF THE OFFENDER,
APPLYING THE GUIDELINES ESTABLISHED IN SUBDIVISION FIVE OF  SECTION  ONE
HUNDRED SIXTY-SEVEN-F OF THIS ARTICLE, TO DETERMINE THE LEVEL OF NOTIFI-
CATION  PURSUANT TO SUBDIVISION SIX OF SECTION ONE HUNDRED SIXTY-SEVEN-F
OF THIS ARTICLE AND WHETHER SUCH OFFENDER SHALL BE DESIGNATED A  VIOLENT
FELONY  OFFENDER  OR  A VIOLENT PREDATOR.  AT LEAST THIRTY DAYS PRIOR TO
THE DETERMINATION PROCEEDING,  SUCH  COURT  SHALL  NOTIFY  THE  DISTRICT
ATTORNEY  AND THE OFFENDER, IN WRITING, OF THE DATE OF THE DETERMINATION
PROCEEDING AND THE COURT SHALL ALSO PROVIDE THE  DISTRICT  ATTORNEY  AND
OFFENDER  WITH  A COPY OF THE RECOMMENDATION RECEIVED FROM THE BOARD AND
ANY STATEMENT OF THE REASONS FOR THE RECOMMENDATION  RECEIVED  FROM  THE
BOARD.  THIS  NOTICE SHALL INCLUDE THE FOLLOWING STATEMENT OR A SUBSTAN-
TIALLY SIMILAR STATEMENT: "THIS PROCEEDING IS BEING  HELD  TO  DETERMINE
WHETHER  YOU  WILL  BE  CLASSIFIED AS A LEVEL 3 OFFENDER (RISK OF REPEAT
OFFENSE IS HIGH), A LEVEL 2 OFFENDER (RISK OF REPEAT OFFENSE  IS  MODER-
ATE),  OR A LEVEL 1 OFFENDER (RISK OF REPEAT OFFENSE IS LOW), OR WHETHER
YOU WILL BE DESIGNATED AS A VIOLENT FELONY OFFENDER OR A VIOLENT  PREDA-
TOR,  WHICH WILL DETERMINE HOW LONG YOU MUST REGISTER AS AN OFFENDER AND
HOW MUCH INFORMATION CAN BE  PROVIDED  TO  THE  PUBLIC  CONCERNING  YOUR
REGISTRATION.  IF  YOU FAIL TO APPEAR AT THIS PROCEEDING, WITHOUT SUFFI-
CIENT EXCUSE, IT SHALL BE HELD IN YOUR ABSENCE. FAILURE  TO  APPEAR  MAY
RESULT IN A LONGER PERIOD OF REGISTRATION OR A HIGHER LEVEL OF COMMUNITY
NOTIFICATION  BECAUSE  YOU  ARE NOT PRESENT TO OFFER EVIDENCE OR CONTEST
EVIDENCE OFFERED BY THE DISTRICT ATTORNEY."  THE COURT SHALL ALSO ADVISE
THE OFFENDER THAT HE OR SHE HAS A  RIGHT  TO  A  HEARING  PRIOR  TO  THE
COURT'S DETERMINATION, THAT HE OR SHE HAS THE RIGHT TO BE REPRESENTED BY
COUNSEL  AT  THE HEARING AND THAT COUNSEL WILL BE APPOINTED IF HE OR SHE
IS FINANCIALLY UNABLE TO RETAIN COUNSEL.  A  RETURNABLE  FORM  SHALL  BE
ENCLOSED IN THE COURT'S NOTICE TO THE OFFENDER ON WHICH THE OFFENDER MAY
APPLY FOR ASSIGNMENT OF COUNSEL.  IF THE OFFENDER APPLIES FOR ASSIGNMENT
OF  COUNSEL  AND THE COURT FINDS THAT THE OFFENDER IS FINANCIALLY UNABLE
TO RETAIN COUNSEL, THE COURT  SHALL  ASSIGN  COUNSEL  TO  REPRESENT  THE
OFFENDER  PURSUANT  TO  ARTICLE  EIGHTEEN-B  OF  THE  COUNTY LAW. IF THE
DISTRICT ATTORNEY SEEKS A DETERMINATION THAT DIFFERS FROM THE  RECOMMEN-
DATION  SUBMITTED  BY THE BOARD, AT LEAST TEN DAYS PRIOR TO THE DETERMI-
NATION PROCEEDING THE DISTRICT ATTORNEY SHALL PROVIDE TO THE  COURT  AND
THE  OFFENDER A STATEMENT SETTING FORTH THE DETERMINATIONS SOUGHT BY THE
DISTRICT ATTORNEY TOGETHER WITH THE REASONS FOR  SEEKING  SUCH  DETERMI-
NATIONS.  THE COURT SHALL ALLOW THE OFFENDER TO APPEAR AND BE HEARD. THE
STATE SHALL APPEAR BY THE DISTRICT ATTORNEY, OR HIS OR HER DESIGNEE, WHO
SHALL BEAR THE BURDEN OF PROVING THE FACTS SUPPORTING THE DETERMINATIONS
SOUGHT BY CLEAR AND CONVINCING EVIDENCE. IT SHALL BE  THE  DUTY  OF  THE
COURT APPLYING THE GUIDELINES ESTABLISHED IN SUBDIVISION FIVE OF SECTION
ONE  HUNDRED  SIXTY-SEVEN-F  OF  THIS  ARTICLE TO DETERMINE THE LEVEL OF
NOTIFICATION  PURSUANT  TO  SUBDIVISION  SIX  OF  SECTION  ONE   HUNDRED
SIXTY-SEVEN-F  OF THIS ARTICLE AND WHETHER SUCH OFFENDER SHALL BE DESIG-
NATED A VIOLENT FELONY OFFENDER OR A VIOLENT PREDATOR.  WHERE THERE IS A

S. 5806                            54

DISPUTE BETWEEN THE PARTIES CONCERNING  THE  DETERMINATIONS,  THE  COURT
SHALL  ADJOURN  THE  HEARING  AS NECESSARY TO PERMIT THE OFFENDER OR THE
DISTRICT ATTORNEY TO OBTAIN MATERIALS  RELEVANT  TO  THE  DETERMINATIONS
FROM  THE  STATE  BOARD  OF EXAMINERS OF OFFENDERS OR ANY STATE OR LOCAL
FACILITY, HOSPITAL, INSTITUTION, OFFICE, AGENCY, DEPARTMENT OR DIVISION.
SUCH MATERIALS MAY BE OBTAINED BY SUBPOENA IF NOT  VOLUNTARILY  PROVIDED
TO  THE  REQUESTING  PARTY. IN MAKING THE DETERMINATIONS THE COURT SHALL
REVIEW ANY VICTIM'S STATEMENT AND ANY RELEVANT  MATERIALS  AND  EVIDENCE
SUBMITTED  BY THE OFFENDER AND THE DISTRICT ATTORNEY AND THE RECOMMENDA-
TION AND ANY MATERIAL SUBMITTED BY THE BOARD, AND MAY CONSIDER  RELIABLE
HEARSAY EVIDENCE SUBMITTED BY EITHER PARTY, PROVIDED THAT IT IS RELEVANT
TO  THE  DETERMINATIONS. IF AVAILABLE, FACTS PROVEN AT TRIAL OR ELICITED
AT THE TIME OF A PLEA OF GUILTY SHALL BE DEEMED ESTABLISHED BY CLEAR AND
CONVINCING EVIDENCE AND SHALL NOT BE RELITIGATED. THE COURT SHALL RENDER
AN ORDER SETTING FORTH ITS DETERMINATIONS AND THE FINDINGS OF  FACT  AND
CONCLUSIONS  OF LAW ON WHICH THE DETERMINATIONS ARE BASED. A COPY OF THE
ORDER SHALL BE SUBMITTED BY THE COURT TO THE DIVISION. UPON  APPLICATION
OF  EITHER  PARTY, THE COURT SHALL SEAL ANY PORTION OF THE COURT FILE OR
RECORD WHICH CONTAINS MATERIAL THAT IS CONFIDENTIAL UNDER ANY  STATE  OR
FEDERAL  STATUTE.  EITHER  PARTY  MAY  APPEAL AS OF RIGHT FROM THE ORDER
PURSUANT TO THE PROVISIONS OF ARTICLES FIFTY-FIVE, FIFTY-SIX AND  FIFTY-
SEVEN  OF  THE  CIVIL  PRACTICE  LAW  AND  RULES. WHERE COUNSEL HAS BEEN
ASSIGNED TO REPRESENT THE OFFENDER UPON THE GROUND THAT THE OFFENDER  IS
FINANCIALLY UNABLE TO RETAIN COUNSEL, THAT ASSIGNMENT SHALL BE CONTINUED
THROUGHOUT  THE  PENDENCY  OF THE APPEAL, AND THE PERSON MAY APPEAL AS A
POOR PERSON PURSUANT TO ARTICLE EIGHTEEN-B OF THE COUNTY LAW.
  3. IF AN OFFENDER, HAVING BEEN GIVEN NOTICE, INCLUDING  THE  TIME  AND
PLACE  OF  THE DETERMINATION PROCEEDING IN ACCORDANCE WITH THIS SECTION,
FAILS TO APPEAR AT THIS PROCEEDING, WITHOUT SUFFICIENT EXCUSE, THE COURT
SHALL CONDUCT THE HEARING AND MAKE THE DETERMINATIONS IN THE MANNER  SET
FORTH IN SUBDIVISION TWO OF THIS SECTION.
  S  167-F.  BOARD  OF  EXAMINERS  OF VIOLENT FELONY OFFENDERS. 1. THERE
SHALL BE A BOARD OF EXAMINERS OF VIOLENT FELONY  OFFENDERS  WHICH  SHALL
POSSESS  THE  POWERS  AND  DUTIES SPECIFIED IN THIS SECTION.  SUCH BOARD
SHALL CONSIST OF FIVE MEMBERS OF THE DEPARTMENT WHO SHALL  BE  APPOINTED
BY  THE  GOVERNOR,  THREE  OF  WHOM SHALL BE EXPERTS IN THE FIELD OF THE
BEHAVIOR AND TREATMENT OF VIOLENT FELONY OFFENDERS.  THE TERM OF  OFFICE
OF  EACH MEMBER OF SUCH BOARD SHALL BE FOR SIX YEARS; PROVIDED, HOWEVER,
THAT ANY MEMBER CHOSEN TO FILL A VACANCY  OCCURRING  OTHERWISE  THAN  BY
EXPIRATION OF TERM SHALL BE APPOINTED FOR THE REMAINDER OF THE UNEXPIRED
TERM  OF  THE  MEMBER  WHOM HE OR SHE IS TO SUCCEED. IN THE EVENT OF THE
INABILITY TO ACT OF ANY MEMBER, THE GOVERNOR MAY APPOINT SOME  COMPETENT
INFORMED  PERSON  TO  ACT  IN HIS OR HER STEAD DURING THE CONTINUANCE OF
SUCH DISABILITY.
  2. THE GOVERNOR SHALL DESIGNATE ONE OF THE MEMBERS  OF  THE  BOARD  AS
CHAIRMAN  TO  SERVE  IN SUCH CAPACITY AT THE PLEASURE OF THE GOVERNOR OR
UNTIL THE MEMBER'S TERM OF OFFICE EXPIRES AND A SUCCESSOR IS  DESIGNATED
IN ACCORDANCE WITH LAW, WHICHEVER FIRST OCCURS.
  3.  ANY  MEMBER  OF THE BOARD MAY BE REMOVED BY THE GOVERNOR FOR CAUSE
AFTER AN OPPORTUNITY TO BE HEARD.
  4. EXCEPT AS OTHERWISE PROVIDED BY LAW, A MAJORITY OF THE BOARD  SHALL
CONSTITUTE A QUORUM FOR THE TRANSACTION OF ALL BUSINESS OF THE BOARD.
  5.  THE  BOARD  SHALL  DEVELOP GUIDELINES AND PROCEDURES TO ASSESS THE
RISK OF A REPEAT OFFENSE BY SUCH VIOLENT FELONY OFFENDER AND THE  THREAT
POSED TO THE PUBLIC SAFETY. SUCH GUIDELINES SHALL BE BASED UPON, BUT NOT
LIMITED TO, THE FOLLOWING:

S. 5806                            55

  (A)  CRIMINAL  HISTORY  FACTORS  INDICATIVE  OF  HIGH  RISK  OF REPEAT
OFFENSE, INCLUDING: (I) WHETHER THE VIOLENT FELONY OFFENDER HAS A MENTAL
ABNORMALITY;
  (II)  WHETHER  THE  VIOLENT  FELONY OFFENDER'S CONDUCT WAS FOUND TO BE
CHARACTERIZED BY REPETITIVE AND  COMPULSIVE  BEHAVIOR,  ASSOCIATED  WITH
DRUGS OR ALCOHOL;
  (III) WHETHER THE VIOLENT FELONY OFFENDER SERVED THE MAXIMUM TERM;
  (IV)  WHETHER THE VIOLENT FELONY OFFENDER COMMITTED THE VIOLENT FELONY
OFFENSE AGAINST A CHILD;
  (V) THE AGE OF THE VIOLENT FELONY OFFENDER AT THE TIME OF THE  COMMIS-
SION OF THE FIRST VIOLENT OFFENSE;
  (B)  OTHER  CRIMINAL  HISTORY  FACTORS TO BE CONSIDERED IN DETERMINING
RISK, INCLUDING:
  (I) THE RELATIONSHIP BETWEEN SUCH  VIOLENT  FELONY  OFFENDER  AND  THE
VICTIM;
  (II)  WHETHER  THE  OFFENSE  INVOLVED THE USE OF A WEAPON, VIOLENCE OR
INFLICTION OF SERIOUS BODILY INJURY;
  (III) THE NUMBER, DATE AND NATURE OF PRIOR OFFENSES;
  (C) CONDITIONS OF RELEASE THAT MINIMIZE RISK OF RE-OFFENSE,  INCLUDING
BUT  NOT  LIMITED TO WHETHER THE VIOLENT FELONY OFFENDER IS UNDER SUPER-
VISION; RECEIVING COUNSELING, THERAPY OR TREATMENT;  OR  RESIDING  IN  A
HOME SITUATION THAT PROVIDES GUIDANCE AND SUPERVISION;
  (D)  PHYSICAL  CONDITIONS  THAT MINIMIZE RISK OF RE-OFFENSE, INCLUDING
BUT NOT LIMITED TO ADVANCED AGE OR DEBILITATING ILLNESS;
  (E) WHETHER PSYCHOLOGICAL OR PSYCHIATRIC PROFILES INDICATE A  RISK  OF
RECIDIVISM;
  (F) THE VIOLENT FELONY OFFENDER'S RESPONSE TO TREATMENT;
  (G) RECENT BEHAVIOR, INCLUDING BEHAVIOR WHILE CONFINED;
  (H)  RECENT  THREATS  OR  GESTURES  AGAINST  PERSONS OR EXPRESSIONS OF
INTENT TO COMMIT ADDITIONAL OFFENSES; AND
  (I) REVIEW OF ANY VICTIM IMPACT STATEMENT.
  6. APPLYING THESE GUIDELINES, THE BOARD SHALL  WITHIN  SIXTY  CALENDAR
DAYS  PRIOR  TO  THE  DISCHARGE,  PAROLE  OR RELEASE OF A VIOLENT FELONY
OFFENDER MAKE A RECOMMENDATION WHICH SHALL BE CONFIDENTIAL AND SHALL NOT
BE AVAILABLE FOR PUBLIC INSPECTION, TO THE SENTENCING COURT AS TO WHETH-
ER SUCH VIOLENT FELONY OFFENDER  WARRANTS  THE  DESIGNATION  OF  VIOLENT
PREDATOR.  IN  ADDITION, THE GUIDELINES SHALL BE APPLIED BY THE BOARD TO
MAKE A RECOMMENDATION TO THE SENTENCING COURT, PROVIDING FOR ONE OF  THE
FOLLOWING   THREE  LEVELS  OF  NOTIFICATION  NOTWITHSTANDING  ANY  OTHER
PROVISION OF LAW DEPENDING UPON THE DEGREE OF THE RISK OF RE-OFFENSE  BY
THE VIOLENT FELONY OFFENDER.
  (A)  IF  THE  RISK  OF  REPEAT OFFENSE IS LOW, A LEVEL ONE DESIGNATION
SHALL BE GIVEN TO SUCH VIOLENT FELONY OFFENDER. IN  SUCH  CASE  THE  LAW
ENFORCEMENT  AGENCY  HAVING  JURISDICTION AND THE LAW ENFORCEMENT AGENCY
HAVING HAD JURISDICTION AT THE TIME OF HIS OR HER  CONVICTION  SHALL  BE
NOTIFIED PURSUANT TO THIS ARTICLE.
  (B) IF THE RISK OF REPEAT OFFENSE IS MODERATE, A LEVEL TWO DESIGNATION
SHALL  BE  GIVEN  TO  SUCH VIOLENT FELONY OFFENDER. IN SUCH CASE THE LAW
ENFORCEMENT AGENCY HAVING JURISDICTION AND THE  LAW  ENFORCEMENT  AGENCY
HAVING  HAD  JURISDICTION  AT THE TIME OF HIS OR HER CONVICTION SHALL BE
NOTIFIED AND MAY DISSEMINATE  RELEVANT  INFORMATION  WHICH  MAY  INCLUDE
APPROXIMATE  ADDRESS  BASED  ON  VIOLENT  FELONY  OFFENDER'S ZIP CODE, A
PHOTOGRAPH  OF  THE  OFFENDER,  BACKGROUND  INFORMATION  INCLUDING   THE
OFFENDER'S  CRIME  OF  CONVICTION,  MODUS  OF  OPERATION, TYPE OF VICTIM
TARGETED AND THE DESCRIPTION OF SPECIAL CONDITIONS IMPOSED ON THE OFFEN-
DER TO ANY ENTITY WITH VULNERABLE POPULATIONS RELATED TO THE  NATURE  OF

S. 5806                            56

THE  OFFENSE  COMMITTED  BY  SUCH  VIOLENT  FELONY  OFFENDER. ANY ENTITY
RECEIVING INFORMATION ON A  VIOLENT  FELONY  OFFENDER  MAY  DISCLOSE  OR
FURTHER DISSEMINATE SUCH INFORMATION AT THEIR DISCRETION.
  (C) IF THE RISK OF REPEAT OFFENSE IS HIGH AND THERE EXISTS A THREAT TO
THE  PUBLIC  SAFETY,  SUCH  VIOLENT  FELONY  OFFENDER  SHALL BE DEEMED A
"VIOLENT PREDATOR" AND A LEVEL THREE DESIGNATION SHALL BE GIVEN TO  SUCH
VIOLENT FELONY OFFENDER. IN SUCH CASE, THE LAW ENFORCEMENT AGENCY HAVING
JURISDICTION  AND  THE LAW ENFORCEMENT AGENCY HAVING HAD JURISDICTION AT
THE TIME OF HIS OR HER CONVICTION SHALL BE NOTIFIED AND MAY  DISSEMINATE
RELEVANT  INFORMATION  WHICH  MAY  INCLUDE THE VIOLENT FELONY OFFENDER'S
EXACT ADDRESS, A PHOTOGRAPH  OF  THE  OFFENDER,  BACKGROUND  INFORMATION
INCLUDING  THE  OFFENDER'S CRIME OF CONVICTION, MODUS OF OPERATION, TYPE
OF VICTIM TARGETED, AND THE DESCRIPTION OF SPECIAL CONDITIONS IMPOSED ON
THE OFFENDER TO ANY ENTITY WITH VULNERABLE POPULATIONS  RELATED  TO  THE
NATURE OF THE OFFENSE COMMITTED BY SUCH VIOLENT FELONY OFFENDERS.
  ANY  ENTITY  RECEIVING  INFORMATION  ON  A VIOLENT FELONY OFFENDER MAY
DISCLOSE OR FURTHER DISSEMINATE SUCH INFORMATION AT THEIR DISCRETION. IN
ADDITION, IN SUCH CASE, THE INFORMATION DESCRIBED IN THIS SECTION  SHALL
ALSO  BE  PROVIDED  IN  THE SUBDIRECTORY ESTABLISHED IN THIS ARTICLE AND
NOTWITHSTANDING ANY OTHER PROVISION OF LAW, SUCH INFORMATION SHALL, UPON
REQUEST, BE MADE AVAILABLE TO THE PUBLIC.
  7. UPON  REQUEST  BY  THE  COURT,  PURSUANT  TO  SECTION  ONE  HUNDRED
SIXTY-SEVEN-I OF THIS ARTICLE, THE BOARD SHALL PROVIDE AN UPDATED REPORT
PERTAINING  TO THE VIOLENT FELONY OFFENDER PETITIONING RELIEF OF DUTY TO
REGISTER.
  S 167-G. REVIEW. NOTWITHSTANDING ANY OTHER PROVISION  OF  LAW  TO  THE
CONTRARY, ANY STATE OR LOCAL CORRECTIONAL FACILITY, HOSPITAL OR INSTITU-
TION  SHALL  FORWARD RELEVANT INFORMATION PERTAINING TO A VIOLENT FELONY
OFFENDER TO BE DISCHARGED, PAROLED OR RELEASED TO THE BOARD  FOR  REVIEW
NO  LATER THAN ONE HUNDRED TWENTY DAYS PRIOR TO THE RELEASE OR DISCHARGE
AND THE BOARD SHALL MAKE RECOMMENDATIONS AS PROVIDED IN SUBDIVISION  SIX
OF  SECTION  ONE HUNDRED SIXTY-SEVEN-F OF THIS ARTICLE WITHIN SIXTY DAYS
OF RECEIPT OF THE INFORMATION. INFORMATION MAY INCLUDE BUT  MAY  NOT  BE
LIMITED TO THE COMMITMENT FILE, MEDICAL FILE AND TREATMENT FILE PERTAIN-
ING  TO  SUCH  PERSON.  SUCH  PERSON SHALL BE PERMITTED TO SUBMIT TO THE
BOARD ANY INFORMATION RELEVANT TO THE REVIEW.
  S 167-H. JUDICIAL DETERMINATION. 1. A DETERMINATION THAT  AN  OFFENDER
IS  A  VIOLENT FELONY OFFENDER OR A VIOLENT PREDATOR SHALL BE MADE PRIOR
TO THE DISCHARGE, PAROLE OR RELEASE OF SUCH OFFENDER BY  THE  SENTENCING
COURT  AFTER  RECEIVING  A  RECOMMENDATION  FROM  THE  BOARD PURSUANT TO
SECTION ONE HUNDRED SIXTY-SEVEN-F OF THIS ARTICLE.
  2. IN ADDITION, THE SENTENCING COURT SHALL ALSO MAKE  A  DETERMINATION
WITH RESPECT TO THE LEVEL OF NOTIFICATION, AFTER RECEIVING A RECOMMENDA-
TION  FROM  THE  BOARD  PURSUANT TO SECTION ONE HUNDRED SIXTY-SEVEN-F OF
THIS ARTICLE. BOTH DETERMINATIONS OF THE SENTENCING COURT SHALL BE  MADE
THIRTY CALENDAR DAYS PRIOR TO DISCHARGE, PAROLE OR RELEASE.
  3.  IN  MAKING  THE DETERMINATION, THE COURT SHALL REVIEW ANY VICTIM'S
STATEMENT AND ANY MATERIALS SUBMITTED BY THE  VIOLENT  FELONY  OFFENDER.
THE  COURT SHALL ALSO ALLOW THE VIOLENT FELONY OFFENDER TO APPEAR AND BE
HEARD, AND INFORM THE VIOLENT FELONY OFFENDER OF HIS  OR  HER  RIGHT  TO
HAVE COUNSEL APPOINTED, IF NECESSARY.
  4.  UPON  DETERMINATION  THAT THE RISK OF REPEAT OFFENSE AND THREAT TO
PUBLIC SAFETY IS HIGH, THE SENTENCING COURT SHALL ALSO NOTIFY THE  DIVI-
SION  OF SUCH FACT FOR THE PURPOSES OF SECTION ONE HUNDRED SIXTY-SEVEN-K
OF THIS ARTICLE.

S. 5806                            57

  5. UPON THE REVERSAL OF A CONVICTION OF THE  VIOLENT  FELONY  OFFENSE,
THE COURT SHALL ORDER THE EXPUNGEMENT OF ANY RECORDS REQUIRED TO BE KEPT
PURSUANT TO THIS SECTION.
  S  167-I. PETITION FOR RELIEF. ANY VIOLENT FELONY OFFENDER REQUIRED TO
REGISTER PURSUANT TO THIS ARTICLE MAY BE RELIEVED OF ANY FURTHER DUTY TO
REGISTER UPON THE GRANTING OF A PETITION FOR RELIEF  BY  THE  SENTENCING
COURT.  UPON  RECEIPT OF THE PETITION FOR RELIEF, THE COURT SHALL NOTIFY
THE BOARD AND REQUEST AN UPDATED REPORT PERTAINING TO THE VIOLENT FELONY
OFFENDER. AFTER RECEIVING THE REPORT FROM THE BOARD, THE COURT MAY GRANT
OR DENY THE RELIEF SOUGHT. THE COURT MAY CONSULT WITH THE  VICTIM  PRIOR
TO  MAKING  A  DETERMINATION ON THE PETITION. SUCH PETITION, IF GRANTED,
SHALL NOT RELIEVE THE PETITIONER OF THE DUTY  TO  REGISTER  PURSUANT  TO
THIS  ARTICLE  UPON  CONVICTION OF ANY OFFENSE REQUIRING REGISTRATION IN
THE FUTURE.
  S 167-J. SPECIAL TELEPHONE NUMBER. 1. PURSUANT TO SECTION ONE  HUNDRED
SIXTY-THREE OF THIS ARTICLE, THE DIVISION SHALL ALSO OPERATE A TELEPHONE
NUMBER  THAT  MEMBERS OF THE PUBLIC MAY CALL AND INQUIRE WHETHER A NAMED
INDIVIDUAL REQUIRED TO REGISTER PURSUANT TO THIS ARTICLE IS LISTED.  THE
DIVISION SHALL ASCERTAIN WHETHER A NAMED PERSON REASONABLY APPEARS TO BE
A  PERSON SO LISTED AND PROVIDE THE CALLER WITH THE RELEVANT INFORMATION
ACCORDING TO RISK AS DESCRIBED IN SUBDIVISION SIX OF SECTION ONE HUNDRED
SIXTY-SEVEN-F OF THIS ARTICLE. THE DIVISION  SHALL  DECIDE  WHETHER  THE
NAMED PERSON REASONABLY APPEARS TO BE A PERSON LISTED, BASED UPON INFOR-
MATION  FROM  THE CALLER PROVIDING INFORMATION THAT SHALL INCLUDE (A) AN
EXACT STREET  ADDRESS,  INCLUDING  APARTMENT  NUMBER,  DRIVER'S  LICENSE
NUMBER OR BIRTH DATE, ALONG WITH ADDITIONAL INFORMATION THAT MAY INCLUDE
SOCIAL  SECURITY NUMBER, HAIR COLOR, EYE COLOR, HEIGHT, WEIGHT, DISTINC-
TIVE MARKINGS, ETHNICITY; OR (B) ANY COMBINATION  OF  THE  ABOVE  LISTED
CHARACTERISTICS  IF  AN EXACT BIRTH DATE OR ADDRESS IS NOT AVAILABLE. IF
THREE OF THE CHARACTERISTICS PROVIDED INCLUDE ETHNICITY, HAIR COLOR, AND
EYE COLOR, OTHER IDENTIFYING  CHARACTERISTICS  SHALL  BE  PROVIDED.  ANY
INFORMATION  IDENTIFYING  THE  VICTIM  BY  NAME,  BIRTH DATE, ADDRESS OR
RELATION TO THE PERSON LISTED BY THE DIVISION SHALL BE EXCLUDED  BY  THE
DIVISION.
  2.  WHENEVER  THERE  IS REASONABLE CAUSE TO BELIEVE THAT ANY PERSON OR
GROUP OF PERSONS IS ENGAGED IN A PATTERN OR PRACTICE OF  MISUSE  OF  THE
TELEPHONE  NUMBER,  THE  ATTORNEY  GENERAL, ANY DISTRICT ATTORNEY OR ANY
PERSON AGGRIEVED BY THE MISUSE OF THE NUMBER IS AUTHORIZED  TO  BRING  A
CIVIL  ACTION  IN  THE  APPROPRIATE  COURT REQUESTING PREVENTIVE RELIEF,
INCLUDING AN  APPLICATION  FOR  A  PERMANENT  OR  TEMPORARY  INJUNCTION,
RESTRAINING  ORDER OR OTHER ORDER AGAINST THE PERSON OR GROUP OF PERSONS
RESPONSIBLE FOR THE PATTERN OR PRACTICE OF MISUSE. THE  FOREGOING  REME-
DIES  SHALL  BE INDEPENDENT OF ANY OTHER REMEDIES OR PROCEDURES THAT MAY
BE AVAILABLE TO AN AGGRIEVED PARTY UNDER OTHER PROVISIONS OF  LAW.  SUCH
PERSON  OR  GROUP OF PERSONS SHALL BE SUBJECT TO A FINE OF NOT LESS THAN
FIVE HUNDRED DOLLARS AND NOT MORE THAN ONE THOUSAND DOLLARS.
  4. THE DIVISION SHALL SUBMIT TO THE LEGISLATURE AN  ANNUAL  REPORT  ON
THE  OPERATION OF THE TELEPHONE NUMBER. THE ANNUAL REPORT SHALL INCLUDE,
BUT NOT BE LIMITED TO, ALL OF THE FOLLOWING:
  (A) NUMBER OF CALLS RECEIVED;
  (B) A DETAILED OUTLINE OF THE AMOUNT OF MONEY EXPENDED AND THE  MANNER
IN WHICH IT WAS EXPENDED FOR PURPOSES OF THIS SECTION;
  (C)  NUMBER  OF CALLS THAT RESULTED IN AN AFFIRMATIVE RESPONSE AND THE
NUMBER OF CALLS THAT RESULTED IN A  NEGATIVE  RESPONSE  WITH  REGARD  TO
WHETHER A NAMED INDIVIDUAL WAS LISTED;
  (D) NUMBER OF PERSONS LISTED; AND

S. 5806                            58

  (E)  A  SUMMARY  OF  THE SUCCESS OF THE TELEPHONE NUMBER PROGRAM BASED
UPON SELECTED FACTORS.
  S 167-K. VIOLENT PREDATOR SUBDIRECTORY. 1. THE DIVISION SHALL MAINTAIN
A  SUBDIRECTORY OF VIOLENT PREDATORS. THE SUBDIRECTORY SHALL INCLUDE THE
EXACT ADDRESS AND PHOTOGRAPH OF THE VIOLENT FELONY OFFENDER  ALONG  WITH
THE FOLLOWING INFORMATION, IF AVAILABLE: NAME, PHYSICAL DESCRIPTION, AGE
AND  DISTINCTIVE  MARKINGS. BACKGROUND INFORMATION INCLUDING THE VIOLENT
FELONY OFFENDER'S CRIME OF  CONVICTION,  MODUS  OF  OPERATION,  TYPE  OF
VICTIM  TARGETED, AND A DESCRIPTION OF SPECIAL CONDITIONS IMPOSED ON THE
VIOLENT FELONY OFFENDER SHALL ALSO BE INCLUDED. THE  SUBDIRECTORY  SHALL
HAVE  VIOLENT  FELONY  OFFENDER  LISTINGS  CATEGORIZED BY COUNTY AND ZIP
CODE. A COPY OF THE SUBDIRECTORY SHALL ANNUALLY BE  DISTRIBUTED  TO  THE
OFFICES  OF  LOCAL VILLAGE, TOWN OR CITY POLICE DEPARTMENTS FOR PURPOSES
OF PUBLIC ACCESS. SUCH DEPARTMENTS SHALL REQUIRE THAT A PERSON IN  WRIT-
ING  EXPRESS  A  PURPOSE IN ORDER TO HAVE ACCESS TO THE SUBDIRECTORY AND
SUCH DEPARTMENT SHALL MAINTAIN THESE REQUESTS. ANY INFORMATION IDENTIFY-
ING THE VICTIM BY NAME, BIRTH DATE, ADDRESS OR RELATION TO  THE  VIOLENT
FELONY  OFFENDER SHALL BE EXCLUDED FROM THE SUBDIRECTORY DISTRIBUTED FOR
PURPOSES OF PUBLIC ACCESS. THE SUBDIRECTORY PROVIDED FOR IN THIS SECTION
SHALL BE UPDATED PERIODICALLY TO MAINTAIN ITS EFFICIENCY AND  USEFULNESS
AND MAY BE COMPUTER ACCESSIBLE.
  2.  ANY PERSON WHO USES INFORMATION DISCLOSED PURSUANT TO THIS SECTION
IN VIOLATION OF THE LAW SHALL IN ADDITION TO ANY OTHER PENALTY  OR  FINE
IMPOSED,  BE SUBJECT TO A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS AND
NOT MORE THAN ONE THOUSAND DOLLARS. UNAUTHORIZED REMOVAL OR  DUPLICATION
OF  THE  SUBDIRECTORY  FROM THE OFFICES OF LOCAL, VILLAGE OR CITY POLICE
DEPARTMENT SHALL BE PUNISHABLE BY A FINE  NOT  TO  EXCEED  ONE  THOUSAND
DOLLARS.  IN  ADDITION,  THE ATTORNEY GENERAL, ANY DISTRICT ATTORNEY, OR
ANY PERSON AGGRIEVED IS AUTHORIZED TO BRING A CIVIL ACTION IN THE APPRO-
PRIATE COURT REQUESTING PREVENTIVE RELIEF, INCLUDING AN APPLICATION  FOR
A  PERMANENT  OR TEMPORARY INJUNCTION, RESTRAINING ORDER, OR OTHER ORDER
AGAINST THE PERSON OR GROUP OF PERSONS RESPONSIBLE FOR SUCH ACTION.  THE
FOREGOING  REMEDIES SHALL BE INDEPENDENT OF ANY OTHER REMEDIES OR PROCE-
DURES THAT MAY BE AVAILABLE TO AN AGGRIEVED PARTY UNDER OTHER PROVISIONS
OF LAW.
  S 167-L. IMMUNITY FROM LIABILITY. 1. NO OFFICIAL, EMPLOYEE OR  AGENCY,
WHETHER  PUBLIC  OR  PRIVATE,  SHALL BE SUBJECT TO ANY CIVIL OR CRIMINAL
LIABILITY FOR DAMAGES FOR ANY DISCRETIONARY DECISION TO RELEASE RELEVANT
AND NECESSARY INFORMATION PURSUANT TO THIS SECTION, PROVIDED THAT IT  IS
SHOWN  THAT  SUCH  OFFICIAL,  EMPLOYEE OR AGENCY ACTED REASONABLY AND IN
GOOD FAITH. THE IMMUNITY PROVIDED UNDER  THIS  SECTION  APPLIES  TO  THE
RELEASE  OF  RELEVANT  INFORMATION TO OTHER EMPLOYEES OR OFFICIALS OR TO
THE GENERAL PUBLIC.
  2. NOTHING IN THIS SECTION SHALL BE DEEMED  TO  IMPOSE  ANY  CIVIL  OR
CRIMINAL LIABILITY UPON OR TO GIVE RISE TO A CAUSE OF ACTION AGAINST ANY
OFFICIAL,  EMPLOYEE OR AGENCY, WHETHER PUBLIC OR PRIVATE, FOR FAILING TO
RELEASE INFORMATION AS AUTHORIZED IN THIS SECTION PROVIDED  THAT  IT  IS
SHOWN  THAT  SUCH  OFFICIAL,  EMPLOYEE OR AGENCY ACTED REASONABLY AND IN
GOOD FAITH.
  S 167-M. ANNUAL REPORT. THE DIVISION SHALL ON OR BEFORE FEBRUARY FIRST
IN EACH YEAR FILE A  REPORT  WITH  THE  GOVERNOR,  AND  THE  LEGISLATURE
DETAILING  THE  PROGRAM,  COMPLIANCE WITH PROVISIONS OF THIS ARTICLE AND
EFFECTIVENESS OF THE PROVISIONS  OF  THIS  ARTICLE,  TOGETHER  WITH  ANY
RECOMMENDATIONS TO FURTHER ENHANCE THE INTENT OF THIS ARTICLE.
  S 167-N. FAILURE TO REGISTER; PENALTY. ANY PERSON REQUIRED TO REGISTER
PURSUANT  TO THE PROVISIONS OF THIS ARTICLE WHO FAILS TO REGISTER IN THE

S. 5806                            59

MANNER AND WITHIN THE TIME PERIODS PROVIDED FOR IN THIS ARTICLE SHALL BE
GUILTY OF A CLASS E FELONY FOR THE FIRST OFFENSE, AND FOR  A  SECOND  OR
SUBSEQUENT  OFFENSE  SHALL BE GUILTY OF A CLASS D FELONY RESPECTIVELY IN
ACCORDANCE  WITH  SECTIONS  195.03 AND 195.04 OF THE PENAL LAW. ANY SUCH
FAILURE TO REGISTER MAY ALSO BE  THE  BASIS  FOR  REVOCATION  OF  PAROLE
PURSUANT  TO SECTION TWO HUNDRED FIFTY-NINE-I OF THE EXECUTIVE LAW WHICH
SHALL BE IN ADDITION TO ANY OTHER PENALTIES PROVIDED BY LAW.
  S 167-O. UNAUTHORIZED RELEASE OF INFORMATION. THE UNAUTHORIZED RELEASE
OF ANY INFORMATION REQUIRED BY THIS ARTICLE SHALL BE A CLASS B MISDEMEA-
NOR.
  S 167-P. SEVERABILITY. IF ANY CLAUSE, SENTENCE, PARAGRAPH, SECTION  OR
PART  OF  THIS ACT SHALL BE ADJUDGED BY ANY COURT OF COMPETENT JURISDIC-
TION TO BE INVALID AND AFTER EXHAUSTION OF ALL FURTHER JUDICIAL  REVIEW,
THE JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALIDATE THE REMAINDER THERE-
OF,  BUT  SHALL  BE  CONFINED  IN ITS OPERATION TO THE CLAUSE, SENTENCE,
PARAGRAPH, SECTION OR PART OF THIS ACT DIRECTLY INVOLVED IN THE  CONTRO-
VERSY IN WHICH THE JUDGMENT SHALL HAVE BEEN RENDERED.
  S  167-Q.  SUBDIRECTORY; INTERNET POSTING. 1. THE DIVISION SHALL MAIN-
TAIN A SUBDIRECTORY OF LEVEL TWO AND THREE VIOLENT FELONY OFFENDERS. THE
SUBDIRECTORY SHALL INCLUDE THE EXACT ADDRESS, ADDRESS OF THE  OFFENDER'S
PLACE  OF EMPLOYMENT AND PHOTOGRAPH OF THE VIOLENT FELONY OFFENDER ALONG
WITH  THE  FOLLOWING   INFORMATION,   IF   AVAILABLE:   NAME,   PHYSICAL
DESCRIPTION,   AGE  AND  DISTINCTIVE  MARKINGS.  BACKGROUND  INFORMATION
INCLUDING THE VIOLENT FELONY OFFENDER'S CRIME OF  CONVICTION,  MODUS  OF
OPERATION, TYPE OF VICTIM TARGETED, THE NAME AND ADDRESS OF ANY INSTITU-
TION  OF  HIGHER  EDUCATION  AT  WHICH  THE  VIOLENT  FELONY OFFENDER IS
ENROLLED, ATTENDS, IS EMPLOYED OR RESIDES AND A DESCRIPTION  OF  SPECIAL
CONDITIONS  IMPOSED  ON  THE  VIOLENT  FELONY  OFFENDER  SHALL  ALSO  BE
INCLUDED. THE SUBDIRECTORY SHALL HAVE VIOLENT FELONY  OFFENDER  LISTINGS
CATEGORIZED  BY  COUNTY  AND  ZIP CODE. A COPY OF THE SUBDIRECTORY SHALL
ANNUALLY BE DISTRIBUTED TO THE OFFICES OF  LOCAL  VILLAGE,  TOWN,  CITY,
COUNTY  OR STATE LAW ENFORCEMENT AGENCIES FOR PURPOSES OF PUBLIC ACCESS.
THE DIVISION SHALL DISTRIBUTE MONTHLY UPDATES TO THE  OFFICES  OF  LOCAL
VILLAGE,  TOWN,  CITY,  COUNTY  OR  STATE  LAW  ENFORCEMENT AGENCIES FOR
PURPOSES OF PUBLIC ACCESS. SUCH DEPARTMENTS SHALL REQUIRE THAT A  PERSON
IN WRITING PROVIDE THEIR NAME AND ADDRESS PRIOR TO VIEWING THE SUBDIREC-
TORY.  ANY  INFORMATION  IDENTIFYING  THE  VICTIM  BY  NAME, BIRTH DATE,
ADDRESS OR RELATION TO THE VIOLENT FELONY  OFFENDER  SHALL  BE  EXCLUDED
FROM  THE  SUBDIRECTORY  DISTRIBUTED  FOR PURPOSES OF PUBLIC ACCESS. THE
SUBDIRECTORY PROVIDED FOR HEREIN SHALL BE UPDATED  MONTHLY  TO  MAINTAIN
ITS  EFFICIENCY  AND  USEFULNESS AND SHALL BE COMPUTER ACCESSIBLE.  SUCH
SUBDIRECTORY SHALL BE MADE AVAILABLE AT ALL TIMES ON  THE  INTERNET  VIA
THE  DIVISION  HOMEPAGE. ANY PERSON MAY APPLY TO THE DIVISION TO RECEIVE
AUTOMATED E-MAIL NOTIFICATIONS WHENEVER A NEW  OR  UPDATED  SUBDIRECTORY
REGISTRATION  OCCURS  IN A GEOGRAPHIC AREA SPECIFIED BY SUCH PERSON. THE
DIVISION SHALL FURNISH SUCH SERVICE AT NO CHARGE  TO  SUCH  PERSON,  WHO
SHALL  REQUEST  E-MAIL  NOTIFICATION  BY COUNTY AND/OR ZIP CODE ON FORMS
DEVELOPED AND PROVIDED BY THE DIVISION. E-MAIL NOTIFICATION  IS  LIMITED
TO THREE GEOGRAPHIC AREAS PER E-MAIL ACCOUNT.
  2.  ANY PERSON WHO USES INFORMATION DISCLOSED PURSUANT TO THIS SECTION
IN VIOLATION OF THE LAW SHALL IN ADDITION TO ANY OTHER PENALTY  OR  FINE
IMPOSED,  BE SUBJECT TO A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS AND
NOT MORE THAN ONE THOUSAND DOLLARS. UNAUTHORIZED REMOVAL OR  DUPLICATION
OF  THE  SUBDIRECTORY  FROM THE OFFICES OF LOCAL, VILLAGE OR CITY POLICE
DEPARTMENT SHALL BE PUNISHABLE BY A FINE  NOT  TO  EXCEED  ONE  THOUSAND
DOLLARS.  IN  ADDITION,  THE ATTORNEY GENERAL, ANY DISTRICT ATTORNEY, OR

S. 5806                            60

ANY PERSON AGGRIEVED IS AUTHORIZED TO BRING A CIVIL ACTION IN THE APPRO-
PRIATE COURT REQUESTING PREVENTIVE RELIEF, INCLUDING AN APPLICATION  FOR
A  PERMANENT  OR TEMPORARY INJUNCTION, RESTRAINING ORDER, OR OTHER ORDER
AGAINST  THE PERSON OR GROUP OF PERSONS RESPONSIBLE FOR SUCH ACTION. THE
FOREGOING REMEDIES SHALL BE INDEPENDENT OF ANY OTHER REMEDIES OR  PROCE-
DURES THAT MAY BE AVAILABLE TO AN AGGRIEVED PARTY UNDER OTHER PROVISIONS
OF LAW.
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
necessary for the implementation of this act on its effective  date  are
authorized  and  directed  to  be  made  and completed on or before such
effective date.

                                 PART Y

  Section 1. Subdivisions 2 and 4 of section 645 of the  retirement  and
social security law, subdivision 2 as amended by chapter 322 of the laws
of  2002  and  subdivision 4 as added by chapter 640 of the laws of 1998
and as renumbered by chapter 646 of the laws of  1999,  are  amended  to
read as follows:
  2.  Notwithstanding any other provision of law, any person [other than
a retiree of a public retirement system,] who previously was a member of
a public retirement system and whose membership in such  public  retire-
ment  system  ceased  by reason of (i) insufficient service credit, (ii)
withdrawal of accumulated contributions, or (iii) withdrawal of  member-
ship,  upon  rejoining  such  public retirement system or another public
retirement system, shall be deemed to have been a member of his  or  her
current  retirement  system  during the entire period of time commencing
with and subsequent to the original date of such previous ceased member-
ship, provided that such person (a) makes application  therefor  to  the
administrative  head of his or her current public retirement system, and
(b) repays the amount refunded,  if  any,  at  the  time  such  previous
membership  ceased,  together  with interest at the rate of five percent
per annum compounded annually from the date of such refund  through  the
date  of  repayment. Upon such reinstatement of date of membership, such
member shall be entitled to all the rights, benefits and  privileges  to
which  he or she would have been entitled had his or her current member-
ship begun on such original date of membership except that,  solely  for
the  purposes  of  granting  retirement  credit  to  members of a public
retirement system other than the  New  York  city  teachers'  retirement
system for service credited during such previous ceased membership where
such  was  in a public retirement system other than the member's current
retirement system, such previously credited service shall be  deemed  to
be  prior service, not subsequent service.  Furthermore, any such member
whose original date of membership was  prior  to  July  first,  nineteen
hundred  seventy-three shall be entitled to all the rights, benefits and
privileges to which he or she would have been entitled  had  he  or  she
been  in  active  service  on  June thirtieth, nineteen hundred seventy-
three. Any contribution made to the public retirement system pursuant to
article fourteen or fifteen of this chapter by a member who rejoined his
or her current system on or after July twenty-seventh, nineteen  hundred
seventy-six shall not be refunded.
  4.  The provisions of this article shall be applicable to a person who
[is, on the date this article becomes effective]  WAS  A  MEMBER  ON  OR

S. 5806                            61

BEFORE JANUARY FIRST, NINETEEN HUNDRED EIGHTY-NINE, or who subsequent to
such date becomes, a member of a public retirement system.
  S  2.  This  act shall take effect immediately and shall only apply to
all persons who are alive as of the effective date of this act and shall
apply to payments made on or after the effective date of this  act;  and
provided further, that any retirees qualifying under this act shall have
their retirement allowance recalculated from July 1, 2013 or the date of
reinstatement, whichever is later.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  This  bill  would  amend  subdivisions  2  and 4 of Section 645 of the
Retirement and Social Security Law  to  extend  the  tier  reinstatement
provisions  to  any  retiree  of a public retirement system. The retiree
must be alive as of the effective date of the bill in order to be eligi-
ble.  This bill only applies to payments made on or after the  effective
date of this act.
  The  annual  cost  to  the  employers of members of the New York State
Teachers' Retirement System for this benefit is  estimated  to  be  $6.0
million or .04% of payroll if this bill is enacted.
  The  source  of this estimate is Fiscal Note 2013-30 dated May 9, 2013
prepared by the Actuary of  the  New  York  State  Teachers'  Retirement
System and is intended for use only during the 2013 Legislative Session.
I,  Richard  A.  Young,  am the Actuary for the New York State Teachers'
Retirement System. I am a member of the American  Academy  of  Actuaries
and  I meet the Qualification Standards of the American Academy of Actu-
aries to render the actuarial opinion contained herein.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  This bill would allow certain  living  retirees  of  New  York  public
retirement systems who retired prior to December 16, 1999 and who previ-
ously  were  members of a New York public retirement system to be deemed
to have become members of the systems from which they retired as of  the
original  date of such previous ceased membership. Tier 3 and 4 retirees
of the New York State and Local Employees' Retirement System or the  New
York  State  Teachers' Retirement System who become Tier 1 or 2 retirees
and who have already purchased their previous service  would  receive  a
refund  of  these  contributions.  No  benefits  will  be deemed to have
accrued prior to the effective date of this act.
  In addition, this bill would also affect retirees who had  a  previous
ceased  membership  with  a public employee retirement system other than
the NYS&LERS or the NYS&LPFRS.
  If this bill is enacted, insofar as this bill  affects  the  New  York
State  and Local Employees' Retirement System (ERS), approximately 1,434
retirees of the ERS will be affected. The estimated  past  service  cost
would be approximately $15.1 million.
  Pursuant to section 25 of the Retirement and Social Security Law, this
ERS  past service cost would be borne by the State of New York and would
require an itemized appropriation by the State of New York sufficient to
pay the cost of the provision. The State may amortize this past  service
cost  over  a period of 5 years. The first year cost, including interest
would be approximately $3.5 million.
  Insofar as this bill would affect employers in the New York State  and
Local Police and Fire Retirement System (PFRS), the estimated additional
costs  would  be negligible. These costs would be shared by the State of
New York and the participating employers in the PFRS.
  Summary of relevant resources:

S. 5806                            62

  Data: March 31, 2012 Actuarial Year End  File  with  distributions  of
membership  and  other  statistics  displayed  in the 2012 Report of the
Actuary and 2012 Comprehensive Annual Financial Report.
  Assumptions  and  Methods:  2010,  2011  and 2012 Annual Report to the
Comptroller on Actuarial Assumptions, Codes Rules and Regulations of the
State of New York: Audit and Control.
  Market Assets and GASB Disclosures: March 31, 2012 New York State  and
Local  Retirement System Financial Statements and Supplementary Informa-
tion.
  Valuations of Benefit Liabilities and Actuarial Assets: summarized  in
the 2012 Actuarial Valuations report.
  I am a member of the American Academy of Actuaries and meet the Quali-
fication Standards to render the actuarial opinion contained herein.
  This estimate, dated January 29, 2013 and intended for use only during
the  2013  Legislative  Session, is Fiscal Note No. 2013-53, prepared by
the Actuary for the New  York  State  and  Local  Employees'  Retirement
System  and  the  New  York  State  and Local Police and Fire Retirement
System.

                                 PART Z

  Section 1. The labor law is amended by adding a new  article  19-D  to
read as follows:
                              ARTICLE 19-D
                       UNPAID LEAVE OF ABSENCE FOR
                 VICTIMS OF DOMESTIC OR SEXUAL VIOLENCE

SECTION 696. DEFINITIONS.
        696-A. ENTITLEMENT TO LEAVE.
        696-B. LEAVE TAKEN INTERMITTENTLY OR ON REDUCED LEAVE SCHEDULE.
        696-C. NOTICE OF INTENTION TO TAKE LEAVE.
        696-D. CERTIFICATION.
        696-E. CONFIDENTIALITY.
        696-F. RESTORATION TO POSITION.
        696-G. PROHIBITED ACTS.
        696-H. CIVIL ACTION.
        696-I. SAVINGS CLAUSE.
  S 696. DEFINITIONS. AS USED IN THIS ARTICLE:
  1.  "VICTIM OF DOMESTIC OR SEXUAL ABUSE" SHALL MEAN A VICTIM OF DOMES-
TIC VIOLENCE, A SEX OFFENSE, OR STALKING.
  2.  "VICTIM OF DOMESTIC VIOLENCE" SHALL MEAN AN INDIVIDUAL  WHO  IS  A
VICTIM  OF  AN  ACT  WHICH WOULD CONSTITUTE A FAMILY OFFENSE PURSUANT TO
SUBDIVISION ONE OF SECTION EIGHT HUNDRED TWELVE OF THE FAMILY COURT ACT.
  3. "VICTIM OF A SEX OFFENSE" SHALL MEAN A VICTIM OF  AN  ACT  OR  ACTS
THAT  WOULD  CONSTITUTE A VIOLATION OF ARTICLE ONE HUNDRED THIRTY OF THE
PENAL LAW.
  4. "VICTIM OF STALKING" SHALL MEAN A VICTIM OF AN  ACT  OR  ACTS  THAT
WOULD CONSTITUTE A VIOLATION OF SECTION 120.45, 120.50, 120.55 OR 120.60
OF THE PENAL LAW.
  S  696-A. ENTITLEMENT TO LEAVE. ANY EMPLOYEE WHO IS A VICTIM OF DOMES-
TIC OR SEXUAL VIOLENCE SHALL BE ELIGIBLE FOR NINETY DAYS OF UNPAID LEAVE
FROM THEIR EMPLOYMENT DURING ANY TWELVE MONTH PERIOD IN ORDER TO ADDRESS
DOMESTIC OR SEXUAL VIOLENCE OR ONGOING EFFECTS OF SUCH DOMESTIC OR SEXU-
AL VIOLENCE, INCLUDING BUT NOT LIMITED TO:

S. 5806                            63

  1. SEEKING MEDICAL ATTENTION FOR, OR RECOVERING OR TAKING CARE OF  THE
VICTIM'S CHILD WHILE THE CHILD RECOVERS FROM, ANY PHYSICAL OR PSYCHOLOG-
ICAL INJURIES CAUSED BY THE DOMESTIC OR SEXUAL VIOLENCE; OR
  2.  ATTENDING COUNSELING SESSIONS FOR THE VICTIM OF DOMESTIC OR SEXUAL
VIOLENCE OR FOR SUCH VICTIM'S CHILD IN ORDER TO DEAL WITH THE EFFECTS OF
THE DOMESTIC OR SEXUAL VIOLENCE; OR
  3. SEEKING LEGAL ASSISTANCE INCLUDING ATTENDING COURT  PROCEEDINGS  OR
MEETING  OR  COMMUNICATING  WITH AN ATTORNEY OR A MEMBER OF LAW ENFORCE-
MENT; OR
  4. SEEKING SERVICES FOR THE VICTIM OF DOMESTIC OR SEXUAL  VIOLENCE  OR
FOR  SUCH  VICTIM'S  CHILD FROM A RESIDENTIAL OR NON-RESIDENTIAL PROGRAM
FOR VICTIMS OF DOMESTIC OR SEXUAL VIOLENCE; OR
  5. ENGAGING IN SAFETY PLANNING, INCLUDING ARRANGING  TO  RELOCATE  AND
RELOCATING  TO  A  TEMPORARY  OR  PERMANENT  NEW  RESIDENCE, IN ORDER TO
DECREASE THE RISK OF FUTURE DOMESTIC OR SEXUAL VIOLENCE.
  S 696-B.  LEAVE TAKEN INTERMITTENTLY OR ON REDUCED LEAVE SCHEDULE. THE
LEAVE PURSUANT TO SECTION SIX HUNDRED NINETY-SIX-A OF THIS  ARTICLE  MAY
BE  TAKEN  ON A REDUCED LEAVE SCHEDULE OR INTERMITTENTLY IF THE EMPLOYEE
AND EMPLOYER AGREE ON THE SCHEDULE. TAKING LEAVE ON A REDUCED  LEAVE  OR
INTERMITTENT  SCHEDULE  SHALL NOT RESULT IN A REDUCTION IN THE AMOUNT OF
TOTAL LEAVE A VICTIM OF DOMESTIC OR SEXUAL VIOLENCE IS  ENTITLED  TO  IN
THE TWELVE MONTH PERIOD.
  S 696-C.  NOTICE OF INTENTION TO TAKE LEAVE. AN EMPLOYEE SHALL PROVIDE
AN  EMPLOYER  WITH REASONABLE NOTICE OF THE EMPLOYEE'S INTENTION TO TAKE
LEAVE PURSUANT TO SECTION  SIX  HUNDRED  NINETY-SIX-A  OF  THIS  ARTICLE
UNLESS  PROVIDING  SUCH  NOTICE  IS NOT PRACTICABLE. WHEN AN UNSCHEDULED
ABSENCE OCCURS, THE EMPLOYER MAY NOT TAKE ANY ACTION AGAINST THE EMPLOY-
EE IF THE EMPLOYEE,  WITHIN  A  REASONABLE  PERIOD  OF  TIME  AFTER  THE
ABSENCE,  PROVIDES  CERTIFICATION  AS  SET  FORTH IN SECTION SIX HUNDRED
NINETY-SIX-D OF THIS ARTICLE.
  S 696-D.  CERTIFICATION. IN ORDER TO DETERMINE WHETHER THE EMPLOYEE IS
A VICTIM OF DOMESTIC OR SEXUAL VIOLENCE, THE EMPLOYER MAY  REQUIRE  THAT
THE REQUEST FOR LEAVE BE SUPPORTED BY ONE OF THE FOLLOWING:
  1.  A  SWORN  STATEMENT  SUBMITTED BY THE VICTIM OF DOMESTIC OR SEXUAL
VIOLENCE DESCRIBING SUCH VICTIM'S NEED FOR LEAVE TO ADDRESS THE  ONGOING
EFFECTS OF DOMESTIC OR SEXUAL VIOLENCE; OR
  2.  ANY  DOCUMENTATION  OF  THE DOMESTIC OR SEXUAL VIOLENCE, INCLUDING
POLICE REPORTS, COURT RECORDS, STATEMENTS FROM  A  SHELTER  WORKER,  LAW
ENFORCEMENT  OFFICER, MEDICAL WORKER, COUNSELOR, CLERGY MEMBER, ATTORNEY
OR ANY OTHER PROFESSIONAL FROM WHOM THE EMPLOYEE HAS  SOUGHT  ASSISTANCE
TO ADDRESS THE DOMESTIC OR SEXUAL VIOLENCE AND ITS EFFECTS; OR
  3.  ANY  OTHER  CORROBORATING  EVIDENCE  INCLUDING  PHYSICAL EVIDENCE,
PHOTOGRAPHS, OR STATEMENTS FROM OTHER INDIVIDUALS WHO ARE AWARE  OF  THE
DOMESTIC OR SEXUAL VIOLENCE AND ITS EFFECTS.
  S  696-E.  CONFIDENTIALITY.  ANY INFORMATION PROVIDED TO THE EMPLOYER,
INCLUDING BUT NOT LIMITED TO INFORMATION UNDER SECTION SIX HUNDRED NINE-
TY-SIX-D OF THIS ARTICLE, DESCRIBING THE DOMESTIC OR SEXUAL VIOLENCE  IN
THE  EMPLOYEE'S  LIFE  AND  THE  REQUEST  TO TAKE A LEAVE TO ADDRESS THE
EFFECTS OF DOMESTIC OR SEXUAL VIOLENCE, SHALL BE  KEPT  CONFIDENTIAL  BY
THE  EMPLOYER.    DISCLOSURE  SHALL  ONLY BE ALLOWED IF THE EMPLOYEE, IN
WRITING, CONSENTS TO OR REQUESTS DISCLOSURE.
  S 696-F. RESTORATION TO POSITION. 1.  ANY  EMPLOYEE  WHO  TAKES  LEAVE
UNDER  SECTION  SIX HUNDRED NINETY-SIX-A OF THIS ARTICLE, SHALL BE ENTI-
TLED TO RETURN FROM SUCH LEAVE AND BE RESTORED TO THE SAME POSITION HELD
BY SUCH EMPLOYEE WHEN THE LEAVE BEGAN OR BE RESTORED  TO  AN  EQUIVALENT

S. 5806                            64

POSITION WITH EQUIVALENT BENEFITS, PAY AND OTHER TERMS AND CONDITIONS OF
EMPLOYMENT.
  2.  THE TAKING OF LEAVE UNDER SECTION SIX HUNDRED NINETY-SIX-A OF THIS
ARTICLE SHALL NOT RESULT IN THE LOSS OF ANY EMPLOYMENT BENEFITS  ACCRUED
PRIOR TO THE DATE ON WHICH THE LEAVE BEGAN.
  3.  (A)  EXCEPT  AS  PROVIDED  IN SUBDIVISION TWO OF THIS SECTION, ANY
EMPLOYEE WHO TAKES LEAVE UNDER SECTION SIX HUNDRED NINETY-SIX-A OF  THIS
ARTICLE  SHALL  BE  ENTITLED TO CONTINUED COVERAGE UNDER ANY HEALTH CARE
BENEFITS PLAN PROVIDED BY SUCH PERSON'S EMPLOYER FOR THE DURATION OF THE
LEAVE.
  (B) THE EMPLOYER MAY RECOVER THE PREMIUM THAT THE  EMPLOYER  PAID  FOR
MAINTAINING COVERAGE UNDER A HEALTH BENEFITS PLAN FOR THE EMPLOYEE ENTI-
TLED  TO  LEAVE  UNDER SECTION SIX HUNDRED NINETY-SIX-A OF THIS ARTICLE,
IF:
  (I) THE EMPLOYEE FAILS TO RETURN TO SUCH PERSON'S EMPLOYMENT ONCE  THE
LEAVE HAS EXPIRED; AND
  (II) THE EMPLOYEE FAILS TO RETURN TO WORK FOR A REASON OTHER THAN:
  (A)  THE  CONTINUATION,  RECURRENCE,  OR  ONSET  OF DOMESTIC OR SEXUAL
VIOLENCE THAT ENTITLES THE EMPLOYEE TO LEAVE PURSUANT TO  THIS  SECTION;
OR
  (B) OTHER CIRCUMSTANCES BEYOND THE CONTROL OF THE EMPLOYEE.
  S 696-G. PROHIBITED ACTS. 1. INTERFERENCE WITH RIGHTS.
  (A)  EXERCISE  OF  RIGHTS.  IT  SHALL  BE UNLAWFUL FOR ANY EMPLOYER TO
INTERFERE WITH, RESTRAIN, OR DENY THE EXERCISE  OF  OR  THE  ATTEMPT  TO
EXERCISE ANY RIGHT PROVIDED UNDER THIS ARTICLE.
  (B)  EMPLOYER DISCRIMINATION. IT SHALL BE UNLAWFUL FOR ANY EMPLOYER TO
DISCHARGE OR HARASS ANY INDIVIDUAL, OR  OTHERWISE  DISCRIMINATE  AGAINST
ANY INDIVIDUAL WITH RESPECT TO COMPENSATION, TERMS, CONDITIONS, OR PRIV-
ILEGES  OF  EMPLOYMENT  OF  THE INDIVIDUAL (INCLUDING RETALIATION IN ANY
FORM OR MANNER) BECAUSE THE  INDIVIDUAL  EXERCISED  ANY  RIGHT  PROVIDED
UNDER  THIS  ARTICLE OR OPPOSED ANY PRACTICE MADE UNLAWFUL BY THIS ARTI-
CLE.
  2. INTERFERENCE WITH PROCEEDINGS OR INQUIRIES. IT  SHALL  BE  UNLAWFUL
FOR  ANY  PERSON  TO  DISCHARGE  OR IN ANY OTHER MANNER DISCRIMINATE (AS
DESCRIBED IN PARAGRAPH (B) OF SUBDIVISION ONE OF THIS  SECTION)  AGAINST
ANY INDIVIDUAL BECAUSE SUCH INDIVIDUAL:
  (A) HAS FILED ANY CHARGE, OR HAS INSTITUTED OR CAUSED TO BE INSTITUTED
ANY PROCEEDING, UNDER OR RELATED TO THIS ARTICLE;
  (B) HAS GIVEN, OR IS ABOUT TO GIVE, ANY INFORMATION IN CONNECTION WITH
ANY  INQUIRY  OR  PROCEEDING  RELATING  TO ANY RIGHT PROVIDED UNDER THIS
ARTICLE; OR
  (C) HAS TESTIFIED, OR IS ABOUT TO TESTIFY, IN ANY INQUIRY OR  PROCEED-
ING RELATING TO ANY RIGHT PROVIDED UNDER THIS ARTICLE.
  S  696-H.  CIVIL  ACTION.  1.  BY EMPLOYEE. ANY PERSON DENIED LEAVE OR
BENEFITS DUE UNDER THIS ARTICLE OR AGGRIEVED BY AN ACTION MADE  UNLAWFUL
BY THIS ARTICLE SHALL HAVE A CAUSE OF ACTION IN ANY COURT OF APPROPRIATE
JURISDICTION  FOR DAMAGES, INCLUDING ANY WAGES, SALARY, EMPLOYMENT BENE-
FITS OR OTHER COMPENSATION DENIED OR LOST TO SUCH INDIVIDUAL BY  REASONS
OF  THE  VIOLATION  AND/OR  ANY  ACTUAL MONETARY LOSSES SUSTAINED BY THE
INDIVIDUAL AS A DIRECT RESULT OF THE VIOLATION, AS WELL AS  INTEREST  ON
SUCH AMOUNT CALCULATED AT THE PREVAILING RATE, AND SUCH EQUITABLE RELIEF
AS   MAY   BE  APPROPRIATE,  INCLUDING  EMPLOYMENT,  REINSTATEMENT,  AND
PROMOTION, TOGETHER WITH COSTS AND SUCH REASONABLE  ATTORNEYS'  FEES  AS
MAY  BE ALLOWED BY THE COURT, AND IF THE VIOLATION WAS WILLFUL, AN ADDI-
TIONAL AMOUNT AS LIQUIDATED DAMAGES EQUAL TO TWENTY-FIVE PERCENT OF  THE
TOTAL OF SUCH DAMAGES FOUND TO BE DUE.

S. 5806                            65

  2. BY COMMISSIONER. ON BEHALF OF ANY EMPLOYEE DENIED LEAVE OR BENEFITS
DUE  UNDER  THIS ARTICLE OR AGGRIEVED BY AN ACTION MADE UNLAWFUL BY THIS
ARTICLE, THE INDUSTRIAL COMMISSIONER MAY BRING A LEGAL ACTION  NECESSARY
TO  COLLECT  DAMAGES  DUE  TO  THE  VIOLATION, AND THE EMPLOYER SHALL BE
REQUIRED TO PAY SUCH DAMAGES AND IF SUCH VIOLATION WAS WILLFUL, AN ADDI-
TIONAL  AMOUNT AS LIQUIDATED DAMAGES EQUAL TO TWENTY-FIVE PERCENT OF THE
TOTAL OF SUCH DAMAGES FOUND TO BE DUE.
  3. LIMITATION OF TIME. NOTWITHSTANDING ANY OTHER PROVISION OF LAW,  AN
ACTION  TO  RECOVER  UPON  LIABILITY  IMPOSED  BY  THIS  ARTICLE MUST BE
COMMENCED WITHIN TWO YEARS.
  S 696-I. SAVINGS CLAUSE. IF ANY  PROVISION  OF  THIS  ARTICLE  OR  THE
APPLICATION  THEREOF TO ANY PERSON, EMPLOYER, OCCUPATION OR CIRCUMSTANCE
IS HELD INVALID, THE REMAINDER OF THE ARTICLE  AND  THE  APPLICATION  OF
SUCH  PROVISION  TO  OTHER  PERSONS,  EMPLOYEES, OCCUPATIONS, OR CIRCUM-
STANCES SHALL NOT BE AFFECTED THEREBY.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

                                 PART AA

  Section  1.  Paragraph  (b)  of  subdivision 1 of section 312-a of the
executive law, as amended by chapter 175 of the laws of 2010, is amended
to read as follows:
  (b) to determine whether there is a disparity between  the  number  of
qualified  minorities and women ready, willing and able, with respect to
labor markets, qualifications and other relevant factors, to participate
in contractor employment, management level bodies, including  boards  of
directors,  and as senior executive officers within contracting entities
and the number of such group members  actually  employed  or  affiliated
with  state  contractors in the aforementioned capacities, and to deter-
mine what changes, if any, should be made to  state  policies  affecting
minority  and  women group populations with regard to state contractors'
employment and appointment practices relative to diverse group  members.
Such  study  shall  include,  but  not be limited to, an analysis of the
history of minority and women-owned  business  enterprise  programs  and
their effectiveness as a means of securing and ensuring participation by
minorities  and  women,  [and]  a  disparity analysis by market area and
region of the state, THE EFFECTIVENESS OF THE CURRENT NET WORTH  THRESH-
OLDS,  A  STATISTICAL  ANALYSIS  OF  THE  PARTICIPATION  OF MINORITY AND
WOMEN-OWNED BUSINESS ENTERPRISES CORRELATED WITH  SUCH  BUSINESS  ENTER-
PRISES'  NET  WORTH,  WHETHER  MINORITY  AND WOMEN-OWNED BUSINESS ENTER-
PRISES' NET WORTH AT THE TIME OF CERTIFICATION HAS ANY  EFFECT  ON  SUCH
BUSINESS ENTERPRISE'S SUCCESS OR LACK THEREOF IN PARTICIPATION IN STATE-
WIDE PROCUREMENT, THE EFFECTIVENESS OF THE REGULATIONS ADOPTED SINCE THE
TWO  THOUSAND  TEN  DISPARITY  STUDY,  THE EXTENT OF COMPLIANCE BY STATE
AGENCIES AND STATE AUTHORITIES WITH SUCH REGULATIONS, AN ANALYSIS OF THE
NUMBER OF MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES SEEKING  CERTIF-
ICATION  SINCE THE TWO THOUSAND TEN DISPARITY STUDY, AND THE REASONS, IF
ANY, FOR ANY INCREASE OR DECREASE IN SUCH CERTIFICATIONS.    Such  study
shall  distinguish  between minority males, minority females and non-mi-
nority females in the statistical analysis.
  S 2. This act shall take effect immediately, provided,  however,  that
the  amendments  to paragraph (b) of subdivision one of section 312-a of
the executive law, made by section one of this act shall not affect  the
expiration of such section and shall be deemed to expire therewith.

S. 5806                            66

                                 PART BB

  Section 1. The commissioner of the department of labor shall study and
issue  a  comprehensive report on the workforce guidance and information
for women policy enacted pursuant to chapter 284 of the laws of 2012.
  1. For the purposes of this section, the  term  "state  agency"  shall
refer  to any agency, department, bureau, commission, board, task force,
committee, public benefit corporation,  or  public  authority,  where  a
member is appointed by the governor.
  2.  Such  study  and report carried out pursuant to this section shall
address the following issues related to said policy:
  (a) what information has been provided with  respect  to  compensation
for jobs and careers which offer higher earning potential including jobs
that are traditionally dominated by men;
  (b)  how  the  counseling,  skills  development and training have been
enhanced with respect to encouraging both women and men to seek  employ-
ment in such jobs;
  (c)  have  referrals to employers offering such jobs been made and, if
available, provide statistics on the  number  of  women  who  have  been
referred as a result of this policy;
  (d)  how  information regarding the gender wage gap and specific self-
sufficiency rates for families living and working in an applicable local
labor market have enhanced the opportunities for women to obtain  higher
paying jobs and careers; and
  (e) any other information the department deems pertinent to include in
said report related to this policy.
  3.  Such report shall be made to the governor, the temporary president
of the senate, the speaker of the assembly,  the  senate  committees  on
labor and infrastructure and capital investment and the assembly commit-
tee on labor no later than July 1, 2014.
  4.  The commissioner of the department of labor may request any avail-
able information from any state or county agency that  is  relevant  and
material to the completion of this study and report.
  S  2.  This  act shall take effect immediately and shall expire and be
deemed repealed August 1, 2014.

                                 PART CC

  Section 1. Section 34-a of the  social  services  law  is  amended  by
adding a new subdivision 9 to read as follows:
  9.  (A)  IN  ORDER  TO  ALLOW FAMILIES TIME TO PROPERLY PLAN FOR THEIR
FINANCIAL NEEDS AND FOR THE SAFETY, SOCIAL AND EMOTIONAL NEEDS OF  THEIR
CHILDREN, IN THE EVENT THAT A SOCIAL SERVICES DISTRICT PROPOSES TO AMEND
ITS  CONSOLIDATED SERVICES PLAN, SUBMITS AN ANNUAL PLAN UPDATE, OR TAKES
ANY OTHER ACTION THAT WOULD LOWER THE FINANCIAL  ELIGIBILITY  LEVEL  FOR
CHILD  CARE  ASSISTANCE  SO THAT FAMILIES RECEIVING SUBSIDIES WOULD LOSE
ELIGIBILITY THEREFORE, THE LOCAL SOCIAL SERVICES DISTRICT  SHALL  NOTIFY
THE  OFFICE  OF CHILDREN AND FAMILY SERVICES OF THAT FACT AT LEAST SIXTY
DAYS BEFORE THE EFFECTIVE DATE OF THE  PROPOSED  CHANGE  IN  ELIGIBILITY
LEVEL.  THE  OFFICE OF CHILDREN AND FAMILY SERVICES SHALL POST NOTICE OF
THE PROPOSED CHANGE ON THE OFFICE'S WEBSITE WITHIN FIVE DAYS OF  RECEIV-
ING  SAID  NOTICE, AND WITHIN TWENTY DAYS OF RECEIVING SAID NOTICE SHALL
NOTIFY ALL LICENSED, REGISTERED AND LEGALLY-EXEMPT CHILD CARE  PROVIDERS
IN  THE  AFFECTED  DISTRICT,  THE STATE CHILD CARE RESOURCE AND REFERRAL
AGENCY, THE LOCAL CHILD CARE RESOURCE AND REFERRAL AGENCY,  AS  WELL  AS
ALL  CERTIFIED  EMPLOYEE ORGANIZATIONS REPRESENTING LICENSED, REGISTERED

S. 5806                            67

AND LEGALLY-EXEMPT CHILD CARE PROVIDERS IN THE AFFECTED  DISTRICT.  SAID
NOTICE  MAY BE MADE BY E-MAIL OR REGULAR MAIL IN THE FORM OF A LETTER OR
POSTCARD, AND SHALL INFORM THE RECIPIENT OF THE  DATE  OF  THE  PROPOSED
CHANGE  AND  A DESCRIPTION OF THE PROPOSED CHANGE. THE NOTICE SHALL ALSO
REQUEST THAT CHILD CARE PROVIDERS THAT RECEIVE  THE  NOTICE  IMMEDIATELY
POST  THE  NOTICE  IN A PLACE WHICH IS LIKELY TO BE SEEN BY THE FAMILIES
WHO HAVE CHILDREN IN THE PROVIDER'S CARE  AND  THAT  CERTIFIED  EMPLOYEE
ORGANIZATIONS REPRESENTING LICENSED, REGISTERED AND LEGALLY-EXEMPT CHILD
CARE  PROVIDERS  IN THE AFFECTED DISTRICT POST THE NOTICE ON THEIR OFFI-
CIAL WEBSITE.  THIS NOTICE SHALL NOT BE CONSIDERED AS A  SUBSTITUTE  FOR
ANY NOTICE TO PARENTS WHICH IS REQUIRED BY LAW.
  (B)  IN ORDER TO ALLOW FAMILIES TIME TO PROPERLY PLAN FOR THEIR FINAN-
CIAL NEEDS AND FOR THE SAFETY, SOCIAL AND EMOTIONAL NEEDS OF THEIR CHIL-
DREN, IN THE EVENT THAT A SOCIAL SERVICES DISTRICT PROPOSES TO AMEND ITS
CONSOLIDATED SERVICES PLAN OR TO  SUBMIT  AN  ANNUAL  PLAN  UPDATE  THAT
INCREASES  THE  PARENTAL CO-PAYMENT MULTIPLIER FOR CHILD CARE ASSISTANCE
SO THAT FAMILIES RECEIVING SUBSIDIES WOULD PAY AN  INCREASED  PERCENTAGE
OF  THEIR  INCOME  AS A CHILD CARE CO-PAYMENT, THE LOCAL SOCIAL SERVICES
DISTRICT SHALL NOTIFY THE OFFICE OF CHILDREN AND FAMILY SERVICES OF THAT
FACT AT LEAST SIXTY DAYS BEFORE  THE  EFFECTIVE  DATE  OF  THE  PROPOSED
CHANGE  IN ELIGIBILITY LEVEL. THE OFFICE OF CHILDREN AND FAMILY SERVICES
SHALL POST NOTICE OF THE PROPOSED CHANGE ON THE OFFICE'S WEBSITE  WITHIN
FIVE  DAYS OF RECEIVING SAID NOTICE, AND WITHIN TWENTY DAYS OF RECEIVING
SAID NOTICE SHALL NOTIFY ALL  LICENSED,  REGISTERED  AND  LEGALLY-EXEMPT
CHILD  CARE  PROVIDERS  IN  THE  AFFECTED DISTRICT, THE STATE CHILD CARE
RESOURCE AND REFERRAL AGENCY, THE LOCAL CHILD CARE RESOURCE AND REFERRAL
AGENCY, AS WELL AS ALL  CERTIFIED  EMPLOYEE  ORGANIZATIONS  REPRESENTING
LICENSED,  REGISTERED  AND  LEGALLY-EXEMPT  CHILD  CARE PROVIDERS IN THE
AFFECTED DISTRICT.  SAID NOTICE MAY BE MADE BY E-MAIL OR REGULAR MAIL IN
THE FORM OF A LETTER OR POSTCARD, AND SHALL INFORM THE RECIPIENT OF  THE
DATE  OF  THE  PROPOSED CHANGE AND A DESCRIPTION OF THE PROPOSED CHANGE.
THE NOTICE SHALL ALSO REQUEST THAT CHILD CARE PROVIDERS THAT RECEIVE THE
NOTICE IMMEDIATELY POST THE NOTICE IN A PLACE WHICH IS LIKELY TO BE SEEN
BY THE FAMILIES WHO HAVE CHILDREN IN THE PROVIDER'S CARE AND THAT CERTI-
FIED EMPLOYEE ORGANIZATIONS REPRESENTING LICENSED, REGISTERED AND LEGAL-
LY-EXEMPT CHILD CARE PROVIDERS IN THE AFFECTED DISTRICT POST THE  NOTICE
ON  THEIR  OFFICIAL  WEBSITE.   THIS NOTICE SHALL NOT BE CONSIDERED AS A
SUBSTITUTE FOR ANY NOTICE TO PARENTS WHICH IS REQUIRED BY LAW.
  S 2. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.

                                 PART DD

  Section  1.    Paragraph  (e)  of subdivision 1 of section 2411 of the
public health law, as amended by chapter 219 of the  laws  of  1997,  is
amended to read as follows:
  (e)  Solicit, receive, and review applications from public and private
agencies and  organizations  and  qualified  research  institutions  for
grants  from  the  breast  cancer  research  and education fund, created
pursuant to section ninety-seven-yy of the state finance law, to conduct
research or educational programs which focus on the causes,  prevention,
screening,  treatment and cure of breast cancer and may include, but are
not limited to MAPPING OF BREAST CANCER, AND  basic,  behavioral,  clin-
ical,   demographic,   environmental,   epidemiologic  and  psychosocial
research. The board shall make recommendations to the commissioner,  and
the  commissioner  shall,  in  his  or her discretion, grant approval of

S. 5806                            68

applications for grants  from  those  applications  recommended  by  the
board.  The board shall consult with the Centers for Disease Control and
Prevention,  the  National  Institutes of Health, the Federal Agency For
Health  Care  Policy  and  Research,  the  National Academy of Sciences,
breast cancer advocacy groups, and other organizations or entities which
may be involved in breast cancer research to  solicit  both  information
regarding  breast  cancer  research  projects  that  are currently being
conducted and recommendations for future research projects. As  used  in
this  section,  "qualified  research  institution"  may include academic
medical institutions, state or  local  government  agencies,  public  or
private  organizations  within  this  state,  and  any other institution
approved by the department, which is conducting a breast cancer research
project or educational program. If a board member submits an application
for a grant from the breast cancer research and education  fund,  he  or
she  shall  be  prohibited from reviewing and making a recommendation on
the application;
  S 2. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.

                                 PART EE

  Section  1.  Article 2 of the public health law is amended by adding a
new title VI to read as follows:
                                 TITLE VI
                             WOMEN'S HEALTH
SECTION 266. DEPARTMENT WEBSITE.
  S 266. DEPARTMENT WEBSITE. 1. THE DEPARTMENT SHALL ESTABLISH AND MAIN-
TAIN AN INTERNET WEBSITE FOR THE PURPOSE  OF  ADVANCING  WOMEN'S  HEALTH
INITIATIVES.   THE WEBSITE SHALL PROVIDE INFORMATION FOR THE PURPOSES OF
EDUCATING THE PUBLIC AND RAISING AWARENESS  OF  WOMEN'S  HEALTH  ISSUES,
PROVIDE  LINKS TO USEFUL RESOURCES AND ENCOURAGE THE USE OF SERVICES NOW
MADE MORE WIDELY AVAILABLE TO THE WOMEN OF NEW YORK STATE.  THE  WEBSITE
SHALL  ALSO  PROMOTE  THE  FOLLOWING  PREVENTATIVE  SERVICES NOW COVERED
PURSUANT TO FEDERAL LAW AND REGULATION, AND EXPLAIN THAT  SUCH  SERVICES
MUST BE COVERED WITH NO COST SHARING:
  (A) ANEMIA SCREENING FOR PREGNANT WOMEN;
  (B)  BACTERIURIA  URINARY TRACT OR OTHER INFECTION SCREENING FOR PREG-
NANT WOMEN;
  (C) BRCA COUNSELING ABOUT GENETIC TESTING FOR WOMEN AT HIGHER RISK;
  (D) BREAST CANCER MAMMOGRAPHY SCREENINGS EVERY ONE TO  TWO  YEARS  FOR
WOMEN OVER AGE FORTY;
  (E) BREAST CANCER CHEMOPREVENTION COUNSELING FOR WOMEN AT HIGHER RISK;
  (F)  BREASTFEEDING  COMPREHENSIVE  SUPPORT AND COUNSELING FROM TRAINED
PROVIDERS, AS WELL AS ACCESS TO BREASTFEEDING SUPPLIES, FOR PREGNANT AND
NURSING WOMEN;
  (G) CERVICAL CANCER SCREENING FOR SEXUALLY ACTIVE WOMEN;
  (H) CHLAMYDIA INFECTION SCREENING FOR YOUNGER WOMEN AND OTHER WOMEN AT
HIGHER RISK;
  (I) CONTRACEPTION: FOOD AND DRUG ADMINISTRATION-APPROVED CONTRACEPTIVE
METHODS, STERILIZATION PROCEDURES, AND PATIENT EDUCATION AND COUNSELING,
NOT INCLUDING ABORTIFACIENT DRUGS;
  (J) DOMESTIC AND INTERPERSONAL VIOLENCE SCREENING AND  COUNSELING  FOR
ALL WOMEN;
  (K) FOLIC ACID SUPPLEMENTS FOR WOMEN WHO MAY BECOME PREGNANT;

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  (L)   GESTATIONAL   DIABETES   SCREENING   FOR  WOMEN  TWENTY-FOUR  TO
TWENTY-EIGHT WEEKS PREGNANT AND THOSE AT HIGH RISK OF DEVELOPING  GESTA-
TIONAL DIABETES;
  (M) GONORRHEA SCREENING FOR ALL WOMEN AT HIGHER RISK;
  (N)  HEPATITIS  B SCREENING FOR PREGNANT WOMEN AT THEIR FIRST PRENATAL
VISIT;
  (O) HUMAN IMMUNODEFICIENCY VIRUS (HIV) SCREENING  AND  COUNSELING  FOR
SEXUALLY ACTIVE WOMEN;
  (P)  HUMAN  PAPILLOMAVIRUS  (HPV)  DNA TEST: HIGH RISK HPV DNA TESTING
EVERY THREE YEARS FOR WOMEN WITH NORMAL CYTOLOGY RESULTS WHO ARE  THIRTY
YEARS OF AGE OR OLDER;
  (Q)  OSTEOPOROSIS SCREENING FOR WOMEN OVER AGE SIXTY DEPENDING ON RISK
FACTORS;
  (R) RH INCOMPATIBILITY SCREENING FOR ALL PREGNANT WOMEN AND  FOLLOW-UP
TESTING FOR WOMEN AT HIGHER RISK;
  (S)  TOBACCO  USE  SCREENING  AND  INTERVENTIONS  FOR  ALL  WOMEN, AND
EXPANDED COUNSELING FOR PREGNANT TOBACCO USERS;
  (T) SEXUALLY TRANSMITTED  INFECTIONS  (STI)  COUNSELING  FOR  SEXUALLY
ACTIVE WOMEN;
  (U)  SYPHILIS  SCREENING  FOR  ALL  PREGNANT  WOMEN  OR OTHER WOMEN AT
INCREASED RISK; AND
  (V) WELL-WOMAN VISITS TO OBTAIN RECOMMENDED PREVENTIVE SERVICES.
  2.  THE DEPARTMENT SHALL ALSO CONSIDER  MAKING  USE  OF  SOCIAL  MEDIA
NETWORKS FOR THE PURPOSES OF ADVANCING SUCH INITIATIVES.
  S 2. This act shall take effect immediately.

                                 PART FF

  Section  1.    Section  606  of the tax law is amended by adding a new
subsection (t-2) to read as follows:
  (T-2) ADOPTION CREDIT. (1)  GENERAL.  A  RESIDENT  TAXPAYER  SHALL  BE
ALLOWED  A  CREDIT,  NOT  TO  EXCEED  TWO THOUSAND FIVE HUNDRED DOLLARS,
AGAINST THE TAX IMPOSED BY THIS ARTICLE FOR QUALIFIED ADOPTION  EXPENSES
FOR EACH CHILD ADOPTED.
  (2)  QUALIFIED ADOPTION EXPENSES. FOR THE PURPOSES OF THIS SUBSECTION,
THE TERM "QUALIFIED ADOPTION EXPENSES" SHALL MEAN THE EXPENSES  REQUIRED
FOR  THE  LEGAL  ADOPTION  OF  A CHILD BY THE TAXPAYER OR THE TAXPAYER'S
SPOUSE.
  (3) REFUNDABILITY. THE CREDIT UNDER THIS SUBSECTION SHALL  BE  ALLOWED
AGAINST  THE  TAXES IMPOSED BY THIS ARTICLE FOR THE TAXABLE YEAR REDUCED
BY THE CREDITS PERMITTED BY THIS ARTICLE. IF THE CREDIT EXCEEDS THE  TAX
AS SO REDUCED, THE TAXPAYER MAY RECEIVE, AND THE COMPTROLLER, SUBJECT TO
A  CERTIFICATE OF THE COMMISSIONER, SHALL PAY AS AN OVERPAYMENT, WITHOUT
INTEREST, THE AMOUNT OF SUCH EXCESS.
  S 2. This act shall take effect immediately and shall apply to taxable
years beginning on or after January 1, 2013.
  S 3. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be  adjudged  by  any  court  of
competent  jurisdiction  to  be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall  be  confined  in
its  operation  to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would  have  been  enacted  even  if  such
invalid provisions had not been included herein.

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  S  4.  This  act shall take effect immediately provided, however, that
the applicable effective date of Parts A through FF of this act shall be
as specifically set forth in the last section of such Parts.