Bill S5879B-2013

Enacts the trafficking victims protection and justice act

Enacts the trafficking victims protection and justice act.

Details

Actions

  • Jun 12, 2014: referred to codes
  • Jun 12, 2014: DELIVERED TO ASSEMBLY
  • Jun 12, 2014: PASSED SENATE
  • Jun 12, 2014: ORDERED TO THIRD READING CAL.1365
  • Apr 4, 2014: PRINT NUMBER 5879B
  • Apr 4, 2014: AMEND AND RECOMMIT TO RULES
  • Mar 10, 2014: PRINT NUMBER 5879A
  • Mar 10, 2014: AMEND AND RECOMMIT TO RULES
  • Jan 8, 2014: REFERRED TO RULES
  • Jan 8, 2014: returned to senate
  • Jan 8, 2014: died in assembly
  • Jun 21, 2013: referred to codes
  • Jun 21, 2013: DELIVERED TO ASSEMBLY
  • Jun 21, 2013: PASSED SENATE
  • Jun 21, 2013: ORDERED TO THIRD READING CAL.1588
  • Jun 18, 2013: REFERRED TO RULES

Meetings

Calendars

Votes

Memo

BILL NUMBER:S5879B           REVISED MEMO 04/14/2014

TITLE OF BILL: An act 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 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 interagency task force on human trafficking for four years; and to amend the executive law, in relation to human trafficking awareness

PURPOSE:

This bill would improve the State's response to human trafficking and increase the accountability of buyers and traffickers by, among other things: (i) conforming the ages of victims in certain prostitution offenses under Article 230 of the Penal Law to the ages of victims of rape offenses under Article 130 of the Penal Law; (ii) making sex trafficking a Class B violent felony and certain cases of labor trafficking a Class D violent felony, and creating the new offense of aggravated labor trafficking; and (iii) creating three aggravated patronizing offenses where the person patronized is a minor: aggravated patronizing a minor for prostitution in the third degree, a Class E felony; aggravated patronizing a minor for prostitution in the second degree, a Class D felony; and aggravated patronizing a minor for prostitution in the first degree, a Class B felony. This bill would also improve the school zone prostitution law by adding as a Class E felony the offense of patronizing a person for prostitution in a school zone.

The legislation also provides a civil remedy to victims to recover damages and reasonable attorney's fees from their perpetrators. Further, the bill provides for increasing awareness among law enforcement regarding identifying human trafficking, victims and referral of services to victims by requiring the superintendent of police, in consultation with the office of temporary and disability assistance (OTDA) and the division of criminal justice services (DCJS), to develop and disseminate to all members of the state police written policies and education materials relating to human trafficking victims and to establish and implement written procedures in the event state police encounters an individual believed to be a human trafficking victim.

Additionally, the bill eliminates the term "prostitute" used in the Penal Law and replaces it with "person for prostitution."

SUMMARY OF PROVISIONS:

Section 1 provides that the act shall be known and may be cited as the "trafficking victims protection and justice act".

Section 2 amends section 60.13 of the Penal Law, as added by Chapter 7 of the Laws of 2007, to add aggravated patronizing a minor for

prostitution in the third degree as defined in section 230.11, aggravated patronizing a minor for prostitution in the second degree as defined in section 230.12, and aggravated patronizing a minor for prostitution in the first degree as defined in section 230.13, as felony sex offenses.

Section 3 amends 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, to add sex trafficking as defined in paragraphs (a) and (b) of subdivision five of section 230.34 of the Penal Law as a Class B violent felony offense, and to add labor trafficking as defined in paragraphs (a) and (b) of subdivision three of section 135.35 of the Penal Law as a Class D violent felony offense.

Section 4 amends paragraph (a) of subdivision 1 of section 70.80 of the Penal Law, as added by Chapter 7 of the Laws of 2007, to add patronizing a person for prostitution in the second degree, aggravated patronizing a minor for prostitution in the third degree, aggravated patronizing a minor for prostitution in the second degree and aggravated patronizing a minor for prostitution in the first degree as felony sex offenses.

Section 5 amends section 135.35 of the Penal Law, as added by Chapter 74 of the Laws of 2007, to delete as a ground for the offense of labor trafficking unlawfully providing a controlled substance to a person with intent to impair such person's judgment.

Section 6 amends the Penal Law by adding a new section 135.37 to create the offense of aggravated labor trafficking, a Class C felony. 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 intentionally unlawfully providing a controlled substance to such person with intent to impair such person's judgment.

Section 7 amends paragraph (a) of subdivision 1 of section 460.10 of the Penal Law, as amended by Chapter 405 of the Laws of 2010, by adding to the list of felonies that are defined as a "criminal act" aggravated labor trafficking under section 135.37 of the Penal Law.

Section 8 amends 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, by adding as a "designated offense" in the list of felonies aggravated .labor trafficking under section 135.37 of the Penal Law, and the offense of promoting prostitution in the third degree, as defined in section 230.25 of the Penal Law.

Section 9 amends the Penal Law by adding a new section 230.01 to provide for an affirmative defense in any prosecution under section 230.00, section 230.03 or section 240.37(2) of the Penal Law that the defendant's participation in the offense was a result of having been a victim of compelling prostitution under section 230.33 of the Penal Law, a victim of sex trafficking under section 230.34 of the Penal Law or a victim of trafficking under the federal Trafficking Victims Protection Act.

Section 10 amends section 230.02 of the Penal Law, as amended by Chapter 627 of the Laws of 1978, to replace the term "prostitute" with "person for prostitution" and to make the section gender neutral.

Section 11 amends subdivision 2 of section 230.03 of the Penal Law, as added by Chapter 191 of the Laws of 2011, to provide that the definition of school zone also applies for purposes of section 230.08, patronizing a person for prostitution in a school zone.

Section 12 amends section 230.04 of the Penal Law, as amended by Chapter 74 of the Laws of 2007, to replace the term "prostitute" with "person for prostitution."

Section 13 amends section 230.05 of the Penal Law, as amended by Chapter 627 of the Laws of 1978, to provide that a person is guilty of patronizing a person for prostitution in the second degree when being 18 years old or more, he or she patronizes a person for prostitution and the person patronized is less than 15 years old. Current law provides that a person is guilty of this offense where he is over age 18 and the person patronized is less than 14 years old. The section also replaces the term "prostitute" with "person for prostitution" and makes the section gender neutral.

Section 14 amends section 230.06 of the Penal Law, as added by Chapter 627 of the Laws of 1978, to add that a person is guilty of patronizing a person for prostitution in the first degree when being 18 years old or more he or she patronizes a person for prostitution and the person patronized is less than 13 years old. The section also replaces the term "prostitute" with "person for prostitution" and makes the section gender neutral.

Section 15 amends section 230.07 of the Penal Law, as amended by Chapter 74 of the Laws of 2007, to provide that the defense under said section applies in a prosecution for patronizing a person for prostitution in a school zone.

Section 16 amends the Penal Law by adding a new section 230.08 to provide a new offense, patronizing a person for prostitution in a school zone. A person is guilty of patronizing a person for prostitution in a school zone when, being 21 years old or more, he or she patronizes a person for prostitution and the person patronized is less than 18 years old at a place that he or she knows, or reasonably should know, is in a school zone. Patronizing a person for prostitution in a school zone is a Class E felony.

Section 17 amends section 230.10 of the Penal Law to replace the term "prostitute" with "person for prostitution."

Section 18 amends the Penal Law by adding three new sections 230.11, 230.12 and 230.13. New section 230.11 creates the new offense of 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 21 years old or more, he or she patronizes a person for prostitution and the person patronized is less than 17 years old and the person guilty of patronizing engages in sexual inter course, oral sexual conduct, anal sexual conduct, or aggravated sexual conduct, with the person patronized. Aggravated

patronizing a minor for prostitution in the third degree is a Class E felony.

New section 230.12 creates the new offense of 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 18 years old or more, he or she patronizes a person for prostitution and the person patronized is less than 15 years old and the person guilty of patronizing engages in sexual intercourse, oral sexual conduct, anal sexual conduct, or aggravated sexual conduct, with the person patronized. Aggravated patronizing a minor for prostitution in the second degree is a Class D felony.

New section 230.13 creates the new offense of 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 11 years old, or the person patronized is less than 13 years old and the person patronizing a person for prostitution is 18 years old or more, and in either case the person guilty of patronizing engages in sexual intercourse, oral sexual conduct, anal sexual conduct, or aggravated sexual conduct, with the person patronized. Aggravated patronizing a minor for prostitution in the first degree is a Class B felony.

Section 19 amends subdivisions 1 and 2 of section 230.15 of the Penal Law to replace the term "prostitute" with "person for prostitution" and makes the section gender neutral.

Section 20 amends subdivision 1 of section 230.19 of the Penal Law, as added by Chapter 191 of the Laws of 2011, to make a technical language change.

Section 21 amends 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, to replace the term "prostitute" with "person for prostitution" and makes the section gender neutral.

Section 22 amends section 230.30 of the Penal Law, as amended by Chapter 627 of the Laws of 1978, to provide that a person is guilty of promoting prostitution in the second degree when he or she knowingly advances or profits from prostitution of a person less than 18 years old, rather than 16 years old under current law. This section also makes said section 230.30 gender neutral.

Section 23 amends section 230.32 of the Penal Law, as added by Chapter 627 of the Laws of 1978, by providing that a person is guilty of promoting prostitution in the first degree when he or she knowingly advances or profits from prostitution of a person less than 13 years old, in lieu of less than 11 years old, or being 21 years old or more, he or she knowingly advances or profits from prostitution of a person less than 15 years old.

Section 24 amends section 230.33 of the Penal Law, as added by Chapter 450 of the Laws of 2005, by providing that a person is guilty of compelling prostitution when, being 18 years old or more (in lieu of

21 years old or more), he or she knowingly advances prostitution by compelling by force or intimidation a person less than 18 years old (in lieu of less than 16 years old), to engage in prostitution.

Section 25 amends section 230.35 of the Penal Law, as amended by Chapter 450 of the Laws of 2005, by providing that in a prosecution for promoting prostitution or compelling prostitution, a person less than 18 years 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. Current law provides that a person less than 17 years old under such circumstances shall not be deemed an accomplice.

Section 26 amends section 230.40 of the Penal Law to add that a person is guilty of permitting prostitution when, having possession or control of a vehicle that he or she knows is being used for prostitution or for the purpose of advancing prostitution, he or she fails to make reasonable effort to halt or abate such use.

Section 27 amends subdivision 2 of section 240.37 of the Penal Law, as added by Chapter 344 of the Laws of 1976, and adds a new subdivision 3 to add that 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 patronizing a person for prostitution is 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 230.04, 230.05, 230.06 or 230.08 of the Penal Law.

Section 28 amends subdivision 6 of section 380.50 of the Criminal Procedure Law, as amended by Chapter 320 of the Laws of 2006, to add to the list of enumerated offenses for which a defendant is sentenced offenses under sections 230.11, aggravated patronizing a minor for prostitution in the third degree, 230.12, aggravated patronizing a minor for prostitution in the second degree, and 230.13, aggravated patronizing a minor for prostitution in the first degree, wherein the prosecutor shall, within 60 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.

Section 29 amends paragraph (i) of subdivision 1 of section 440.10 of the Criminal Procedure Law, as added by Chapter 332 of the Laws of 2010, to add to the ground upon which the court may vacate judgment where the judgment is a conviction where the arresting charge was under section 230.03 of the Penal Law (prostitution in a school zone), and the defendant's participation in the offense was a result of having been a victim of labor trafficking under section 135.35 of the Penal Law, aggravated labor trafficking under section 135.37 of the Penal Law, or compelling prostitution under section 230.33 of the Penal Law in addition to sex trafficking under section 230.34 of the Penal Law or trafficking under the federal Trafficking Victims Protection Act. The section further makes reference to compelling prostitution in connection with the requirements of the motion and the presumption that a defendant's participation in the offense was a

result of having been a victim of sex trafficking, compelling prostitution or trafficking in persons.

Section 30 amends section 483-bb of the Social Services Law by adding a new subdivision (c) to provide for the ability of a victim of conduct prohibited by section 230.33, 230.34, 135.35 or 135.37 of the Penal Law to bring a civil action to recover damages and reasonable attorney's fees 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 any of such sections.

Section 31 amends section 212 of the Civil Practice Law and Rules by adding a new subdivision (e) to add to the actions to be commenced within 10 years an action by a victim of sex trafficking, compelling prostitution, labor trafficking or aggravated labor trafficking brought under section 483-bb(c) of the Social Services Law, provided that such 10-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.

Section 32 amends subdivision (a) of section 483-cc of the Social Services Law, as added by Chapter 74 of the Laws of 2007, to provide that as soon as practicable after a first encounter with a person who reasonably appears to be a human trafficking victim to an established provider of social or legal services designated by the Office of Temporary and Disability Assistance (OTDA), the Office for the Prevention of Domestic Violence or the Office of Victim Services in addition to a law enforcement agency or district attorney's office, the law enforcement agency or district attorney's office shall notify OTDA and the Division of Criminal Justice Services (DCJS) that such person may be eligible for services under this article or, in the case of an established provider of social or legal services, shall notify OTDA and DCJS if such victim consents to seeking services pursuant to this article.

Section 33 amends 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 provide that 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, 2018 when the provisions of such section shall expire and be deemed repealed.

Section 34 amends subdivision (p) of section 10.03 of the Mental Hygiene Law, as added by Chapter 7 of the Laws of 2007, to add as a sex offense aggravated patronizing a minor for prostitution in the first degree under section 230.13 of the Penal Law, aggravated patronizing a minor for prostitution in the second degree under section 230.12 of the Penal Law, and aggravated patronizing a minor for prostitution in the third degree under section 230.11 of the Penal Law. The section also replaces the term "prostitute" with "person for prostitution."

Section 35 amends 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, to add as a sex offense aggravated patronizing a minor for prostitution in the third degree under 230.11 of the Penal Law, aggravated patronizing a minor for prostitution in the second degree under section 230.12 of the Penal Law, and aggravated patronizing a minor for prostitution in the first degree under section 230.13 of the Penal Law, sex trafficking under section 230.34 of the Penal Law, and promoting prostitution in the third degree under section 230.25 of the Penal Law where the person prostituted is in fact less than 17 years old.

Section 36 amends paragraph (b) of subdivision 1 of section 168-d of the Correction Law, as amended by Chapter 74 of the Laws of 2007, to replace the term "prostitute" with "person for prostitution" and the term years "of age" to "old."

Section 37 amends 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, to add to the enumerated offenses of which a person is convicted that results in the disqualification for five years of such person from operating a school bus aggravated patronizing a minor for prostitution in the third degree under 230.11 of the Penal Law, aggravated patronizing a minor for prostitution in the second degree under section 230.12 of the Penal Law, aggravated patronizing a minor for prostitution in the first degree under section 230.13 of the Penal Law, and promoting prostitution in a school zone under section 230.19 of the Penal Law.

Section 38 amends the Vehicle and Traffic Law by adding a new section 510-d to provide for the suspension for one year a class E driver's license 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. This section further provides for the revocation of a class E driver's license when the holder, who had his or her driver's license suspended as provided in this subdivision within the last 10 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.

Section 39 amends section 2324-a of the public health law, as amended by Chapter 260 of the Laws of 1978, to add to the enumerated offenses patronizing a person for prostitution in the first degree under section 230.06 of the Penal Law, patronizing a person for prostitution in a school zone under section 230.08 of the Penal Law, aggravated patronizing a minor for prostitution in the third degree under 230.11 of the Penal Law, aggravated patronizing a minor for prostitution in the second degree under section 230.12 of the Penal Law, aggravated patronizing a minor for prostitution in the first degree under section 230.13 of the Penal Law, and promoting prostitution in the first degree under section 230.32 of the Penal Law. Two or more convictions of any of the enumerated offenses within a one-year period arising out of conduct at a dwelling as defined shall be presumptive evidence of conduct constituting use of the premises for purposes of prostitution.

Section 40 amends subdivision 2 of section 715 of the Real Property Actions and Proceedings Law, as added by Chapter 494 of the Laws of 1976, to add to the enumerated offenses patronizing a person for prostitution in the first degree under section 230.06 of the Penal Law, aggravated patronizing a minor for prostitution in the third degree under 230.11 of the Penal Law, aggravated patronizing a minor for prostitution in the second degree under section 230.12 of the Penal Law; aggravated patronizing a minor for prostitution in the first degree under section 230.13 of the Penal Law, and promoting prostitution in the first degree under section 230.32 of the Penal Law. Two or more convictions of any of the enumerated offenses within a one-year period arising out of conduct at a dwelling as defined shall be presumptive evidence of conduct constituting use of the premises for purposes of prostitution.

Section 41 amends subdivision 3 of section 231 of the Real Property Law, as amended by Chapter 203 of the Laws of 1980, to add to the enumerated offenses patronizing a person for prostitution in the first degree under section 230.06 of the Penal Law, aggravated patronizing a minor for prostitution in the third degree under 230.11 of the Penal Law, aggravated patronizing a minor for prostitution in the second degree under section 230.12 of the Penal Law, aggravated patronizing a minor for prostitution in the first degree under section 230.13 of the Penal Law, and promoting prostitution in the first degree under section 230.32 of the Penal Law. Two or more convictions of any of the enumerated offenses within a one-year period arising out of conduct at a dwelling as defined shall be presumptive evidence of unlawful use of such premises and the owner's knowledge of the same.

Section 42 amends subdivision 3 of section 840 of the Executive Law by adding a new paragraph (f-1) to require the Municipal Police Training Council to develop, maintain and disseminate, in consultation with OTDA and DCJS, written policies and procedures regarding human trafficking victims. Such policies and procedures shall include identification of potential victims of human trafficking and information and/or referral to appropriate social and legal services for human trafficking victims in accordance with section 483- bb of the Social Services Law.

Section 43 amends the Executive Law by adding a new section 214-d to require the Superintendent of State Police, in consultation with OTDA and DCJS, to develop, maintain and disseminate to all members of the State Police, including new and veteran officers, written policies, procedures and educational materials relating to human trafficking victims, including services available for such victims as referenced in section 483-bb of the Social Services Law, and to establish and implement written procedures and policies in the event a member of the State Police encounters an individual believed to be a victim of human trafficking, which shall include the provision of information and/or referral to an appropriate provider of social and legal services to human trafficking victims in accordance with section 483-bb of the Social Services Law.

Section 44 sets forth the severability clause.

Section 45 provides that notwithstanding the provisions of Article 5 of the General Construction Law, the provisions of section 483-ee of

the Social Services Law, as added by Chapter 74 of the Laws of 2007, are revived and shall continue in full force and effect as such provisions existed on August 31, 2013.

Section 46 sets forth the effective date as the ninetieth day after it shall have become law; provided however that sections 32 and 45 of this act shall take effect immediately.

JUSTIFICATION:

Since 2007, New York State has taken significant measures to hold accountable sex and labor traffickers, sex tourism operators and others who organize, promote, advance, support and patronize the trafficking industry. The State has also taken important steps in recent years to acknowledge that many individuals facing prosecution for engaging in prostitution are, in fact, victims of human trafficking.

This legislation improves in several significant ways the State's response to human trafficking by enhancing protection of and assistance to victims of trafficking, particularly in instances of commercial sexual exploitation of children, and increasing the accountability of buyers and traffickers who are fueling the growth of this massive underground industry.

Conforming penalties. This bill creates the felony sex offenses of aggravated patronizing a minor in the third degree (Penal Law 230.11), the second degree (Penal Law 230.12), and the first degree (Penal Law 230.13) to conform the penalties for patronizing with those for statutory rape. Currently, an individual convicted of patronizing a minor for prostitution receives a lesser penalty than one who rapes a minor of the same age. For example, an 18-year old found guilty of raping a 12-year old is convicted of a class B felony sex offense; however, an 18-year old found guilty of patronizing a 12-year old is convicted of a class E felony. This distinction undercuts the legislative finding, expressed in the Safe Harbour for Exploited Youth Act (the "Safe Harbor Act"), that minors in prostitution are sexually exploited children as defined in Social Services Law § 447-a(1). Imposing a lesser penalty for individuals who pay to abuse suggests that the exchange of money mitigates the magnitude of the offense.

Making the cries of aggravated patronizing a minor sex offenses (amending Penal Law sections 60.13 and 70.80(1)(a)) also furthers the legislative goal of recognizing commercial sexual exploitation of children as a form of child sexual abuse.

Consistency within the Penal Law. The bill creates consistency within the Penal Law by aligning the ages of victims in each degree of patronizing a prostituted minor crimes with the age delineated in the corresponding degree of rape offense. For the crime of patronizing a person for prostitution in the second degree (Penal Law § 230.05), the age of the victim is changed from less than 14 to less than 15, where the patronizer is 18 years old or more. The crime of patronizing a person for prostitution in the first degree (Penal Law § 230.06) is amended to include an individual who is 18 years old or more and patronizes a person less than 13 years old. The crime of promoting prostitution in the second degree (Penal Law § 230.30) is amended to

include situations where the age of the promoter is less than 18 years old instead of under 16. The crime of promoting prostitution in the first degree (Penal Law § 230,32) is amended to include situations where the age of the child promoted is under 13 instead of under 11, and where the child promoted is under 15 and the person promoting the child is 21 years old or more. The crime of compelling prostitution (Penal Law § 230.33) is amended to include situations in which the child compelled is under 18 rather than under 16 by a person 18 years old or more rather than 21 years old or more. Lastly, a person less than 18 instead of less than 17 will not be deemed an accomplice in promoting or compelling prostitution under Penal Law § 230.35.

Affirmative defense to prostitution. This bill establishes sex trafficking as an affirmative defense to prostitution (new § 230.01 of the Penal Law), In 2010, the Criminal Procedure Law was amended to enable sex trafficking victims to vacate prostitution convictions ( 440.10(1)(i)).Providing an affirmative defense to prostitution where the defendant asserts that he or she is a victim of sex trafficking will prompt defense counsel to investigate such circumstances, and to bring the matter to the attention of the prosecutor and the court. Such preemptive advocacy would further legislative intent expressed in the 2010 amendment, contribute to the protection of victims and the reduction of trafficking, and obviate the need for later post-conviction challenges.

Referral of services by providers. Accessing social services is critically important for human trafficking victims. Established providers of social and legal services are often the first to come into contact with victims and develop trusting relationships with them. It is appropriate that these providers, in addition to law enforcement and district attorneys, be able to make referrals for needed services. This bill amends the Social Services Law (§ 483-cc) to expand the scope of persons authorized to make such referrals to include designated established providers of social or legal services.

Enhanced penalties for trafficking. Sex and labor trafficking are serious crimes that devastate the lives of victims. Sex trafficking victims are subjected to rape, frequently over and over, on a daily basis. Labor trafficking victims endure forced labor, often for prolonged periods of enslavement. The penalties for trafficking should be commensurate with the severity of the offenses. The bill designates certain types of sex trafficking as a Class B violent felony and designates certain types of labor trafficking a Class D violent felony (Penal Law § 70.02). The bill also creates a new offense of aggravated labor trafficking, a Class C felony, where a person compels or induces another to engage in labor or recruits, entices, harbors, or transports such other person to engage in labor by means of intentionally unlawfully providing a controlled substance to such person with intent to impair such person's judgment (Penal Law 135.37).

Including patronizers in the School Zone law. In his memo in which he signed into law the legislation that enhanced the penalties for prostitution in a school zone and promoting prostitution in a school zone, Governor Cuomo called attention to a gap in the bill, namely, that it failed to "provide a complete, fully effective solution to the problem it is designed to address" by omitting patronizers. The

Governor urged the Legislature to "enact similar enhanced penalties for patronizing a prostitute within a school zone, in order to protect our children." This bill amends the Penal Law (§ , 230.08) consistent with the Governor's recommendation.

Holding livery and limousine drivers accountable. Livery and limousine drivers, many unlicensed, have become central players in the trafficking of human beings. This growing phenomenon was the focus of a joint hearing of the New York City Council's Women's Issues and Public Safety Committees in 2012. Amending the Penal Law to include the use of a vehicle for the purpose of advancing prostitution to constitute the offense of permitting prostitution under Penal Law 230.40 will better ensure that livery and limousine drivers will be prosecuted for their crimes. In addition, by providing for the suspension and revocation of class E driver's licenses where the holder is convicted of a violation of promoting prostitution, sex trafficking or permitting prostitution offenses and the holder used a for hire vehicle to commit such offense will enable us to more effectively limit the use of a vehicle in prostitution.

Eliminating the stigma inherent In the Penal Law. The use of the term "prostitute" in the Penal Law unnecessarily stigmatizes a large group of criminal defendants, many of whom are sex trafficking victims. The use of the term "prostitute" is the only instance in the Penal Law where an individual is identified by the crime he or she allegedly commits; nowhere else does the Penal Law designate the criminal defendant by the crime. For example, a criminal defendant is not referred to as a "murderer," "robber," or "burglar." Given the fact that the vast majority of the persons designated as "prostitutes" are women, the use of the word "prostitute" reflects and contributes to gender bias. To eliminate the stigma and bias, the bill replaces all references in the Penal Law to "prostitute" with the phrase "person for prostitution."

Better utilization of investigatory tools. The bill enhances the development of evidence-based cases against pimps and traffickers by amending the Criminal Procedure Law (§ 700.05) to allow law enforcement to obtain judicial warrants to conduct eavesdropping and video surveillance where there is reasonable cause that the suspect manages, supervises, controls or owns a house of prostitution, or prostitutes minors or otherwise engages in activities that constitute promoting prostitution in the third degree under Penal Law § 230.25 as well as in cases of aggravated labor trafficking under section 135.37 of the Penal Law. Currently, law enforcement can obtain judicial warrants to intercept conversations in their investigations of traffickers only when they can establish coercion or that the victim is under 16. Without the ability to conduct surveillance of persons overtly promoting prostitution and the instruments used in furtherance of such promotion, law enforcement has long been stymied in ferreting out these perpetrators. With this amendment, we will facilitate the investigation of prostitution rings and, at the same time, identify and target human traffickers.

Providing victims civil remedies. Recognizing that persons compelled to engage in prostitution or labor are victims and to assist these victims in rebuilding their lives, this bill provides victims of sex trafficking, compelling prostitution and labor trafficking the ability

to recover damages and reasonable attorney's fees from their traffickers and those who should have known they were advancing or profiting from sex trafficking, compelling prostitution or labor trafficking. With the knowledge that victims face an arduous path to finally escaping the control of their traffickers to engage in sex or labor, the bill provides victims a period of 10 years in which he or she may bring a civil action against his or her perpetrator, which period will not begin to run and will be tolled during any period in which the victim is or remains subject to engaging in sex trafficking, compelling prostitution or labor trafficking.

Law enforcement training. Finally, to ensure that law enforcement is aware of the circumstances in which an individual may be a victim of human trafficking and of the services available to such victims, this bill requires the Municipal Police Training Council and the Superintendent of the State Police to develop, maintain and disseminate, in consultation with OTDA and DCJS, written policies and procedures relating to the identification of human trafficking victims and referral to appropriate social and legal services for services available for such victims as referenced in section 483-bb of the Social Services Law.

LEGISLATIVE HISTORY:

2012: S.5879 - Passed Senate / A.2240 - Referred to Codes. 2008: Similar to S.7986 - Passed Senate / A.10956, 2008 referred to Codes.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Effective on the ninetieth day after it shall have become law, provided that sections 33 and 45 of this act shall take effect immediately.


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STATE OF NEW YORK ________________________________________________________________________ 5879--B 2013-2014 Regular Sessions IN SENATE June 18, 2013 ___________
Introduced by Sens. LANZA, GALLIVAN, SAVINO, HANNON, CARLUCCI, ESPAIL- LAT, GRISANTI, LARKIN, MARTINS -- read twice and ordered printed, and when printed to be committed to the Committee on Rules -- recommitted to the Committee on Rules in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT 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 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 interagency task force on human trafficking for four years; and to amend the executive law, in relation to human trafficking awareness THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 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 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 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 6. 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 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 7. 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 8. 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 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 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 9. 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 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 10. 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 11. 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 12. 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 13. 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 14. 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 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 15. 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 16. 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 OLD OR MORE, HE OR SHE PATRON- IZES A PERSON FOR PROSTITUTION AND THE PERSON PATRONIZED IS LESS THAN EIGHTEEN YEARS OLD AT A PLACE THAT HE OR SHE KNOWS, OR REASONABLY 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 17. 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 18. 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, WITH THE PERSON PATRONIZED. 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, WITH THE PERSON PATRONIZED. AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE SECOND DEGREE IS A CLASS D FELONY. 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, WITH THE PERSON PATRONIZED. AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE FIRST DEGREE IS A CLASS B FELONY. S 19. 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 20. 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 21. 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 22. 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: 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 23. 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 THAN FIFTEEN YEARS OLD. S 24. 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 25. 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 26. 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 27. 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 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 28. 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 29. 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] PERSON FOR PROSTITUTION or promoting prostitution) or 230.00 (prostitution) OR 230.03 (PROSTITUTION IN A SCHOOL ZONE) 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, chapter 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 30. 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 31. 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 32. 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, THE OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE OR THE OFFICE OF VICTIM 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 33. 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] 2018 when upon such date the provisions of such section shall expire and be deemed repealed. 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 34. 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 35. 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 36. 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 37. 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, 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 38. 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 39. 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 40. 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 dwelling law shall be presumptive evidence of conduct constituting use of the premises for purposes of prostitution. S 41. 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 42. 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 43. 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 44. Severability clause. If any clause, sentence, paragraph, subdi- vision, section or part of this act shall be adjudged by a 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 judgment 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. S 45. Notwithstanding the provisions of article 5 of the general construction law, the provisions of section 483-ee of the social services law, as added by chapter 74 of the laws of 2007, are hereby revived and shall continue in full force and effect as such provisions existed on August 31, 2013. S 46. This act shall take effect on the ninetieth day after it shall have become a law; provided however that sections thirty-three and forty-five of this act shall take effect immediately.

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