A00506 Summary:

BILL NOA00506
 
SAME ASSAME AS S00007
 
SPONSORPaulin
 
COSPNSRHeastie, Dinowitz, Rosenthal, Cook, Lavine, Zebrowski, Abbate, Cusick, Englebright, Galef, Gunther, Jaffee, Magnarelli, Markey, Moya, Sepulveda, Stirpe, Kearns, Otis, Buchwald, Titus, Skoufis, Simotas, Schimel, Ryan, Russell, Quart, Pretlow, Perry, Lifton, Hevesi, Clark, Bronson, Brindisi, Barrett, Arroyo, Weprin, Steck, Corwin, Curran, Fitzpatrick, Garbarino, Johns, Katz, McLaughlin, Saladino, Stec, Tedisco, Titone, Morelle, Mosley, Graf, Braunstein, Skartados, Miller, Schimminger, Hooper, Rozic, Ortiz, Kavanagh, Cymbrowitz, Gantt, Davila, Malliotakis, Gottfried, Wright, McDonald, Kaminsky, Walker, Woerner, Palumbo, Murray, Abinanti, Simon, Seawright, Joyner, Mayer, Blake, Colton, Bichotte, Linares, Brabenec
 
MLTSPNSRBarclay, Blankenbush, Brennan, Butler, Ceretto, Crespo, Crouch, DiPietro, Duprey, Fahy, Farrell, Finch, Friend, Giglio, Gjonaj, Glick, Goldfeder, Goodell, Hawley, Hikind, Kolb, Lalor, Lawrence, Lentol, Lopez, Lupardo, Lupinacci, Magee, McDonough, McKevitt, Montesano, Nojay, Oaks, Palmesano, Peoples-Stokes, Ra, Raia, Ramos, Rivera, Robinson, Rodriguez, Santabarbara, Simanowitz, Solages, Tenney, Thiele, Walter, Wozniak
 
Amd Pen L, generally; amd SS380.50, 440.10 & 700.05, CP L; amd SS483-bb & 483-cc, Soc Serv L; amd S212, CPLR; amd S14, Chap 74 of 2007; amd S10.03, Ment Hyg L; amd SS168-a & 168-d, Cor L; amd S509-cc, add S510-d, V & T L; amd S2324-a, Pub Health L; amd SS715 RPAP L, amd S231, RP L; amd S840, add S214-d, Exec L
 
Enacts the trafficking victims protection and justice act.
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A00506 Actions:

BILL NOA00506
 
01/07/2015referred to codes
03/11/2015reported
03/12/2015advanced to third reading cal.91
03/16/2015substituted by s7
 S00007 AMEND= LANZA
 01/07/2015REFERRED TO RULES
 01/12/2015ORDERED TO THIRD READING CAL.7
 01/12/2015PASSED SENATE
 01/12/2015DELIVERED TO ASSEMBLY
 01/12/2015referred to codes
 03/16/2015substituted for a506
 03/16/2015ordered to third reading cal.91
 03/16/2015passed assembly
 03/16/2015returned to senate
 10/20/2015DELIVERED TO GOVERNOR
 10/21/2015SIGNED CHAP.368
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A00506 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A506
 
SPONSOR: Paulin (MS)
  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 traf- ficking 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; aggra- vated 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 reason- able 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 requir- ing 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 proce- dures 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 prostitu- tion 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 inten- tionally 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 37 of the Laws of 2014, 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 Chap- ter 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 defend- ant'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 patroniz- ing 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 aggra- vated 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 aggra- vated 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 aggra- vated 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 prosti- tution" 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 promot- ing 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 compel- ling 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 promot- ing 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 reason- able 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 Proce- dure 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 prosti- tution 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 defend- ant'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 with- in 10 years an action by a victim of sex trafficking, compelling prosti- tution, 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 Tempo- rary 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 traffick- ing, 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, 2019 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, aggra- vated 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 patroniz- ing 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 pros- titution 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 hold- er, 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 patroniz- ing 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 enumer- ated offenses within a one-year period arising out of conduct at a dwelling as defined shall be presumptive evidence of conduct constitut- ing 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 prosti- tution in the first degree under section 230.06 of the Penal Law, aggra- vated 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, aggra- vated 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 imple- ment written procedures and policies in the event a member of the State Police encounters an individual believed to be a victim of human traf- ficking, which shall include the provision of information and/or refer- ral 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 sexu- al 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 legisla- tive finding, expressed in the Safe Harbor 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 crimes of aggravated patronizing a minor sex offenses (amend- ing Penal Law sections 60.13 and 70.80(1)(a)) also furthers the legisla- tive 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 patron- izing a prostituted minor crimes with the age delineated in the corre- sponding 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 traffick- ing 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 preemp- tive advocacy would further the 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 crit- ically 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 attor- neys, 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 seri- ous 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 prosti- tution 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 hear- ing 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 vehi- cle 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 prosti- tution. 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 majori- ty 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 devel- opment 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 coer- cion or that the victim is under 16. Without the ability to conduct surveillance of persons overtly promoting prostitution and the instru- ments 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 traffick- ing, 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 Superinten- dent of the State Police to develop, maintain and disseminate, in consultation with OTDA and DCJS, written policies and procedures relat- ing 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: A.2240D, 2013 and 2014 referred to Codes. Same as S.5879B, 2013 and 2014 passed Senate both years. A.9804, 2012 referred to Codes. Similar to A.245A, 2011 and 2012 referred to Codes. Similar to A.802, 2009 and 2010 referred to Codes. Similar to A.10958, 2008 referred to Codes. Same as S.7986, 2008 passed Senate.   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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A00506 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           506
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 7, 2015
                                       ___________
 
        Introduced  by  M. of A. PAULIN, DINOWITZ, SCARBOROUGH, ROSENTHAL, COOK,
          LAVINE,  ZEBROWSKI,  ABBATE,  CUSICK,  ENGLEBRIGHT,  GALEF,   GUNTHER,
          JAFFEE,  MAGNARELLI, MARKEY, MOYA, ROBERTS, SEPULVEDA, STIRPE, KEARNS,
          OTIS, BUCHWALD,  TITUS,  SKOUFIS,  SIMOTAS,  SCHIMEL,  RYAN,  RUSSELL,
          QUART,  PRETLOW,  PERRY,  LIFTON,  HEVESI,  CLARK,  BRONSON, BRINDISI,
          BARRETT, ARROYO, WEPRIN, STECK, CORWIN, CURRAN, FITZPATRICK,  GARBARI-
          NO, JOHNS, KATZ, McLAUGHLIN, SALADINO, STEC, TEDISCO, TITONE, MORELLE,
          MOSLEY,  GRAF,  BRAUNSTEIN,  SKARTADOS,  MILLER,  CAMARA, SCHIMMINGER,
          HOOPER, ROZIC, ORTIZ, BROOK-KRASNY, KAVANAGH, CYMBROWITZ, GANTT, DAVI-
          LA, MALLIOTAKIS, GOTTFRIED, WRIGHT -- Multi-Sponsored by -- M.  of  A.
          ABINANTI,  BARCLAY,  BRENNAN, COLTON, CRESPO, DiPIETRO, FAHY, FARRELL,
          GJONAJ, GLICK, GOLDFEDER, HEASTIE,  HIKIND,  LENTOL,  LUPARDO,  MAGEE,
          McDONOUGH,  MONTESANO,  PALMESANO,  PEOPLES-STOKES,  RA,  RAIA, RAMOS,
          RIVERA,  ROBINSON,  RODRIGUEZ,  SANTABARBARA,   SIMANOWITZ,   SOLAGES,
          TENNEY,  THIELE,  WALTER -- read once and referred to the Committee on
          Codes
 
        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:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01841-01-5

        A. 506                              2
 
     1    Section  1.  Short  title. This act shall be known and may be cited as
     2  the "trafficking victims protection and justice act".
     3    § 2. Section 60.13 of the penal law, as added by chapter 7 of the laws
     4  of 2007, is amended to read as follows:
     5  § 60.13 Authorized dispositions; felony sex offenses.
     6    When  a  person  is  to  be sentenced upon a conviction for any felony
     7  defined in article one hundred thirty of this chapter, including a sexu-
     8  ally motivated felony, or patronizing a [prostitute] person for  prosti-
     9  tution in the first degree as defined in section 230.06 of this chapter,
    10  aggravated  patronizing  a minor for prostitution in the third degree as
    11  defined in section 230.11 of  this  chapter,  aggravated  patronizing  a
    12  minor for prostitution in the second degree as defined in section 230.12
    13  of  this chapter, aggravated patronizing a minor for prostitution in the
    14  first degree as defined in section 230.13 of this chapter, incest in the
    15  second degree as defined in section 255.26 of this chapter, or incest in
    16  the first degree as defined in section 255.27  of  this  chapter,  or  a
    17  felony  attempt  or  conspiracy to commit any of these crimes, the court
    18  must sentence the defendant in accordance with the provisions of section
    19  70.80 of this title.
    20    § 3. Paragraphs (a) and (c) of subdivision 1 of section 70.02  of  the
    21  penal  law,  paragraph (a) as amended by chapter 320 of the laws of 2006
    22  and paragraph (c) as amended by chapter 1  of  the  laws  of  2013,  are
    23  amended to read as follows:
    24    (a)  Class  B  violent felony offenses: an attempt to commit the class
    25  A-I felonies of murder in  the  second  degree  as  defined  in  section
    26  125.25, kidnapping in the first degree as defined in section 135.25, and
    27  arson  in the first degree as defined in section 150.20; manslaughter in
    28  the first degree as defined in section 125.20,  aggravated  manslaughter
    29  in  the  first  degree  as  defined in section 125.22, rape in the first
    30  degree as defined in section 130.35, criminal sexual act  in  the  first
    31  degree  as  defined  in  section  130.50, aggravated sexual abuse in the
    32  first degree as defined in section  130.70,  course  of  sexual  conduct
    33  against  a  child  in  the  first  degree  as defined in section 130.75;
    34  assault in the first degree as defined in section 120.10, kidnapping  in
    35  the  second  degree  as defined in section 135.20, burglary in the first
    36  degree as defined in section 140.30,  arson  in  the  second  degree  as
    37  defined  in  section  150.15,  robbery in the first degree as defined in
    38  section 160.15, sex trafficking as defined in paragraphs (a) and (b)  of
    39  subdivision  five  of  section  230.34,  incest  in  the first degree as
    40  defined in section 255.27, criminal possession of a weapon in the  first
    41  degree  as  defined  in section 265.04, criminal use of a firearm in the
    42  first degree as defined in section 265.09, criminal sale of a firearm in
    43  the first degree as defined in section 265.13, aggravated assault upon a
    44  police officer or a peace officer as defined  in  section  120.11,  gang
    45  assault in the first degree as defined in section 120.07, intimidating a
    46  victim  or  witness  in  the  first degree as defined in section 215.17,
    47  hindering prosecution of terrorism in the first  degree  as  defined  in
    48  section  490.35,  criminal possession of a chemical weapon or biological
    49  weapon in the second degree as defined in section 490.40,  and  criminal
    50  use  of  a  chemical  weapon or biological weapon in the third degree as
    51  defined in section 490.47.
    52    (c) Class D violent felony offenses: an attempt to commit any  of  the
    53  class C felonies set forth in paragraph (b); reckless assault of a child
    54  as defined in section 120.02, assault in the second degree as defined in
    55  section 120.05, menacing a police officer or peace officer as defined in
    56  section  120.18, stalking in the first degree, as defined in subdivision

        A. 506                              3
 
     1  one of section 120.60, strangulation in the second degree as defined  in
     2  section  121.12, rape in the second degree as defined in section 130.30,
     3  criminal sexual act in the second degree as defined in  section  130.45,
     4  sexual abuse in the first degree as defined in section 130.65, course of
     5  sexual  conduct  against  a  child  in  the  second degree as defined in
     6  section 130.80, aggravated sexual abuse in the third degree  as  defined
     7  in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
     8  substance as defined in section 130.90, labor trafficking as defined  in
     9  paragraphs  (a) and (b) of subdivision three of section 135.35, criminal
    10  possession of a weapon in the third degree  as  defined  in  subdivision
    11  five, six, seven, eight, nine or ten of section 265.02, criminal sale of
    12  a firearm in the third degree as defined in section 265.11, intimidating
    13  a  victim  or witness in the second degree as defined in section 215.16,
    14  soliciting or providing support for an act of terrorism  in  the  second
    15  degree  as defined in section 490.10, and making a terroristic threat as
    16  defined in section 490.20, falsely reporting an incident  in  the  first
    17  degree  as  defined in section 240.60, placing a false bomb or hazardous
    18  substance in the first degree as defined in section  240.62,  placing  a
    19  false  bomb  or  hazardous  substance in a sports stadium or arena, mass
    20  transportation facility or enclosed shopping mall as defined in  section
    21  240.63,  and  aggravated  unpermitted  use of indoor pyrotechnics in the
    22  first degree as defined in section 405.18.
    23    § 4. Paragraph (a) of subdivision 1 of section 70.80 of the penal law,
    24  as added by chapter 7 of the  laws  of  2007,  is  amended  to  read  as
    25  follows:
    26    (a)  For  the purposes of this section, a "felony sex offense" means a
    27  conviction of any felony defined in article one hundred thirty  of  this
    28  chapter,  including a sexually motivated felony, or patronizing a [pros-
    29  titute] person for prostitution  in  the  first  degree  as  defined  in
    30  section 230.06 of this chapter, patronizing a person for prostitution in
    31  the  second  degree as defined in section 230.05 of this chapter, aggra-
    32  vated patronizing a minor  for  prostitution  in  the  third  degree  as
    33  defined  in  section  230.11  of  this chapter, aggravated patronizing a
    34  minor for prostitution in the second degree as defined in section 230.12
    35  of this chapter, aggravated patronizing a minor for prostitution in  the
    36  first degree as defined in section 230.13 of this chapter, incest in the
    37  second degree as defined in section 255.26 of this chapter, or incest in
    38  the  first  degree  as  defined  in section 255.27 of this chapter, or a
    39  felony attempt or conspiracy to commit any of the above.
    40    § 5. Section 135.35 of the penal law, as added by chapter  74  of  the
    41  laws of 2007, is amended to read as follows:
    42  § 135.35 Labor trafficking.
    43    A  person  is  guilty  of  labor  trafficking  if he or she compels or
    44  induces another to engage in labor or  recruits,  entices,  harbors,  or
    45  transports such other person by means of intentionally:
    46    1.  [unlawfully  providing  a controlled substance to such person with
    47  intent to impair said person's judgment;
    48    2.] requiring that the labor be performed to retire, repay, or service
    49  a real or purported debt that the actor has caused by a systematic ongo-
    50  ing course of conduct with intent to defraud such person;
    51    [3.]  2.  withholding,  destroying,  or  confiscating  any  actual  or
    52  purported  passport,  immigration  document,  or  any  other  actual  or
    53  purported government identification document,  of  another  person  with
    54  intent  to  impair said person's freedom of movement; provided, however,
    55  that this subdivision shall not apply to an attempt to correct a  social
    56  security  administration  record or immigration agency record in accord-

        A. 506                              4
 
     1  ance with any local, state, or federal agency  requirement,  where  such
     2  attempt is not made for the purpose of any express or implied threat;
     3    [4.]  3.  using  force  or  engaging in any scheme, plan or pattern to
     4  compel or induce such person to engage in or continue to engage in labor
     5  activity by means of instilling a fear  in  such  person  that,  if  the
     6  demand is not complied with, the actor or another will do one or more of
     7  the following:
     8    (a)  cause  physical  injury,  serious  physical injury, or death to a
     9  person; or
    10    (b) cause damage to property, other than the property of the actor; or
    11    (c) engage in other conduct constituting a felony or  unlawful  impri-
    12  sonment  in  the  second  degree  in violation of section 135.05 of this
    13  [chapter] article; or
    14    (d) accuse some person of a crime or cause criminal charges or  depor-
    15  tation  proceedings  to  be  instituted  against  such person; provided,
    16  however, that it shall be an affirmative  defense  to  this  subdivision
    17  that  the defendant reasonably believed the threatened charge to be true
    18  and that his or her sole purpose was to compel or induce the  victim  to
    19  take  reasonable  action to make good the wrong which was the subject of
    20  such threatened charge; or
    21    (e) expose a secret or publicize an asserted  fact,  whether  true  or
    22  false,  tending  to subject some person to hatred, contempt or ridicule;
    23  or
    24    (f) testify or provide information or withhold testimony  or  informa-
    25  tion with respect to another's legal claim or defense; or
    26    (g) use or abuse his or her position as a public servant by performing
    27  some  act within or related to his or her official duties, or by failing
    28  or refusing to perform an official duty, in such  manner  as  to  affect
    29  some person adversely.
    30    Labor trafficking is a class D felony.
    31    §  6.  The penal law is amended by adding a new section 135.37 to read
    32  as follows:
    33  § 135.37 Aggravated labor trafficking.
    34    A person is guilty of  aggravated  labor  trafficking  if  he  or  she
    35  compels  or  induces  another  to  engage in labor or recruits, entices,
    36  harbors, or transports such other person to engage in labor by means  of
    37  intentionally unlawfully providing a controlled substance to such person
    38  with intent to impair said person's judgment.
    39    Aggravated labor trafficking is a class C felony.
    40    §  7.  Paragraph  (a)  of subdivision 1 of section 460.10 of the penal
    41  law, as amended by chapter 37 of the laws of 2014, is amended to read as
    42  follows:
    43    (a) Any of the felonies set forth in this  chapter:  sections  120.05,
    44  120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat-
    45  ing  to  strangulation;  sections 125.10 to 125.27 relating to homicide;
    46  sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and
    47  135.25 relating to kidnapping;  [section]  sections  135.35  and  135.37
    48  relating  to  labor  trafficking;  section  135.65 relating to coercion;
    49  sections 140.20,  140.25  and  140.30  relating  to  burglary;  sections
    50  145.05,  145.10  and  145.12  relating to criminal mischief; article one
    51  hundred fifty relating to arson; sections  155.30,  155.35,  155.40  and
    52  155.42  relating  to  grand larceny; sections 177.10, 177.15, 177.20 and
    53  177.25 relating to health care fraud; article one hundred sixty relating
    54  to robbery; sections 165.45, 165.50, 165.52 and 165.54 relating to crim-
    55  inal possession of stolen property; sections 165.72 and 165.73  relating
    56  to  trademark  counterfeiting;  sections 170.10, 170.15, 170.25, 170.30,

        A. 506                              5
 
     1  170.40, 170.65 and 170.70 relating to forgery; sections 175.10,  175.25,
     2  175.35, 175.40 and 210.40 relating to false statements; sections 176.15,
     3  176.20,  176.25  and 176.30 relating to insurance fraud; sections 178.20
     4  and  178.25  relating  to criminal diversion of prescription medications
     5  and prescriptions; sections  180.03,  180.08,  180.15,  180.25,  180.40,
     6  180.45,  200.00, 200.03, 200.04, 200.10, 200.11, 200.12, 200.20, 200.22,
     7  200.25, 200.27, 200.56, 215.00,  215.05  and  215.19;  sections  187.10,
     8  187.15,  187.20  and  187.25  relating  to  residential  mortgage fraud,
     9  sections 190.40 and 190.42 relating to criminal  usury;  section  190.65
    10  relating  to  schemes  to  defraud;  any  felony defined in article four
    11  hundred ninety-six; sections 205.60 and  205.65  relating  to  hindering
    12  prosecution; sections 210.10, 210.15, and 215.51 relating to perjury and
    13  contempt;  section  215.40 relating to tampering with physical evidence;
    14  sections 220.06, 220.09, 220.16, 220.18, 220.21, 220.31, 220.34, 220.39,
    15  220.41, 220.43, 220.46, 220.55, 220.60, 220.65 and  220.77  relating  to
    16  controlled  substances; sections 225.10 and 225.20 relating to gambling;
    17  sections 230.25, 230.30, and 230.32 relating to promoting  prostitution;
    18  section  230.34  relating  to  sex trafficking; sections 235.06, 235.07,
    19  235.21 and 235.22 relating to  obscenity;  sections  263.10  and  263.15
    20  relating  to promoting a sexual performance by a child; sections 265.02,
    21  265.03, 265.04, 265.11, 265.12, 265.13 and  the  provisions  of  section
    22  265.10  which constitute a felony relating to firearms and other danger-
    23  ous weapons; sections 265.14 and 265.16 relating to criminal sale  of  a
    24  firearm; section 275.10, 275.20, 275.30, or 275.40 relating to unauthor-
    25  ized recordings; and sections 470.05, 470.10, 470.15 and 470.20 relating
    26  to money laundering; or
    27    §  8. Paragraphs (b) and (h) of subdivision 8 of section 700.05 of the
    28  criminal procedure law, paragraph (b) as amended by chapter 405  of  the
    29  laws  of 2010 and paragraph (h) as amended by chapter 154 of the laws of
    30  1990, are amended to read as follows:
    31    (b) Any of the following felonies: assault in  the  second  degree  as
    32  defined  in section 120.05 of the penal law, assault in the first degree
    33  as defined in section 120.10 of the penal law, reckless endangerment  in
    34  the  first degree as defined in section 120.25 of the penal law, promot-
    35  ing a suicide attempt as defined in section 120.30  of  the  penal  law,
    36  strangulation  in  the second degree as defined in section 121.12 of the
    37  penal law, strangulation in the  first  degree  as  defined  in  section
    38  121.13  of  the  penal  law, criminally negligent homicide as defined in
    39  section 125.10 of the penal law, manslaughter in the  second  degree  as
    40  defined  in  section  125.15 of the penal law, manslaughter in the first
    41  degree as defined in section 125.20 of the  penal  law,  murder  in  the
    42  second  degree  as defined in section 125.25 of the penal law, murder in
    43  the first degree as defined in section 125.27 of the penal law, abortion
    44  in the second degree as defined in section  125.40  of  the  penal  law,
    45  abortion  in  the first degree as defined in section 125.45 of the penal
    46  law, rape in the third degree as defined in section 130.25 of the  penal
    47  law, rape in the second degree as defined in section 130.30 of the penal
    48  law,  rape in the first degree as defined in section 130.35 of the penal
    49  law, criminal sexual act in the  third  degree  as  defined  in  section
    50  130.40  of  the  penal  law, criminal sexual act in the second degree as
    51  defined in section 130.45 of the penal law, criminal sexual act  in  the
    52  first degree as defined in section 130.50 of the penal law, sexual abuse
    53  in  the  first  degree  as  defined  in section 130.65 of the penal law,
    54  unlawful imprisonment in the first degree as defined in  section  135.10
    55  of  the penal law, kidnapping in the second degree as defined in section
    56  135.20 of the penal law, kidnapping in the first degree  as  defined  in

        A. 506                              6
 
     1  section 135.25 of the penal law, labor trafficking as defined in section
     2  135.35  of  the  penal  law,  aggravated labor trafficking as defined in
     3  section 135.37 of the penal law, custodial  interference  in  the  first
     4  degree  as  defined  in section 135.50 of the penal law, coercion in the
     5  first degree as defined in section 135.65 of  the  penal  law,  criminal
     6  trespass  in  the first degree as defined in section 140.17 of the penal
     7  law, burglary in the third degree as defined in section  140.20  of  the
     8  penal law, burglary in the second degree as defined in section 140.25 of
     9  the penal law, burglary in the first degree as defined in section 140.30
    10  of  the  penal  law, criminal mischief in the third degree as defined in
    11  section 145.05 of the penal law, criminal mischief in the second  degree
    12  as  defined in section 145.10 of the penal law, criminal mischief in the
    13  first degree as defined in section 145.12 of  the  penal  law,  criminal
    14  tampering  in the first degree as defined in section 145.20 of the penal
    15  law, arson in the fourth degree as defined  in  section  150.05  of  the
    16  penal law, arson in the third degree as defined in section 150.10 of the
    17  penal  law,  arson  in the second degree as defined in section 150.15 of
    18  the penal law, arson in the first degree as defined in section 150.20 of
    19  the penal law, grand larceny in the fourth degree as defined in  section
    20  155.30 of the penal law, grand larceny in the third degree as defined in
    21  section  155.35  of the penal law, grand larceny in the second degree as
    22  defined in section 155.40 of the penal law, grand larceny in  the  first
    23  degree  as defined in section 155.42 of the penal law, health care fraud
    24  in the fourth degree as defined in section  177.10  of  the  penal  law,
    25  health  care  fraud  in the third degree as defined in section 177.15 of
    26  the penal law, health care fraud in the  second  degree  as  defined  in
    27  section  177.20  of the penal law, health care fraud in the first degree
    28  as defined in section 177.25 of the penal  law,  robbery  in  the  third
    29  degree  as  defined  in  section 160.05 of the penal law, robbery in the
    30  second degree as defined in section 160.10 of the penal law, robbery  in
    31  the first degree as defined in section 160.15 of the penal law, unlawful
    32  use  of  secret  scientific material as defined in section 165.07 of the
    33  penal law, criminal possession of stolen property in the  fourth  degree
    34  as  defined  in  section 165.45 of the penal law, criminal possession of
    35  stolen property in the third degree as defined in section 165.50 of  the
    36  penal  law,  criminal possession of stolen property in the second degree
    37  as defined by section 165.52 of the penal law,  criminal  possession  of
    38  stolen  property in the first degree as defined by section 165.54 of the
    39  penal law, trademark counterfeiting in the second degree as  defined  in
    40  section  165.72  of the penal law, trademark counterfeiting in the first
    41  degree as defined in section 165.73 of the penal  law,  forgery  in  the
    42  second  degree as defined in section 170.10 of the penal law, forgery in
    43  the first degree as defined in section 170.15 of the penal law, criminal
    44  possession of a forged instrument in the second  degree  as  defined  in
    45  section 170.25 of the penal law, criminal possession of a forged instru-
    46  ment  in the first degree as defined in section 170.30 of the penal law,
    47  criminal possession of forgery devices as defined in section  170.40  of
    48  the  penal  law,  falsifying  business  records  in  the first degree as
    49  defined in section 175.10  of  the  penal  law,  tampering  with  public
    50  records  in  the  first degree as defined in section 175.25 of the penal
    51  law, offering a false instrument for  filing  in  the  first  degree  as
    52  defined  in section 175.35 of the penal law, issuing a false certificate
    53  as defined in section 175.40 of the penal  law,  criminal  diversion  of
    54  prescription  medications  and  prescriptions  in  the  second degree as
    55  defined in section 178.20  of  the  penal  law,  criminal  diversion  of
    56  prescription  medications  and  prescriptions  in  the  first  degree as

        A. 506                              7
 
     1  defined in section 178.25 of the penal law, residential  mortgage  fraud
     2  in  the  fourth  degree  as  defined in section 187.10 of the penal law,
     3  residential mortgage fraud in the third degree  as  defined  in  section
     4  187.15 of the penal law, residential mortgage fraud in the second degree
     5  as  defined  in  section  187.20  of the penal law, residential mortgage
     6  fraud in the first degree as defined in section 187.25 of the penal law,
     7  escape in the second degree as defined in section 205.10  of  the  penal
     8  law,  escape  in  the  first  degree as defined in section 205.15 of the
     9  penal law, absconding from temporary release  in  the  first  degree  as
    10  defined  in section 205.17 of the penal law, promoting prison contraband
    11  in the first degree as defined in  section  205.25  of  the  penal  law,
    12  hindering  prosecution in the second degree as defined in section 205.60
    13  of the penal law, hindering prosecution in the first degree  as  defined
    14  in  section  205.65  of  the  penal  law,  sex trafficking as defined in
    15  section 230.34 of the penal law, criminal possession of a weapon in  the
    16  third  degree  as defined in subdivisions two, three and five of section
    17  265.02 of the penal law, criminal possession of a weapon in  the  second
    18  degree  as  defined  in  section  265.03  of  the  penal  law,  criminal
    19  possession of a weapon in the first degree as defined in section  265.04
    20  of  the penal law, manufacture, transport, disposition and defacement of
    21  weapons and dangerous instruments and appliances defined as felonies  in
    22  subdivisions  one,  two,  and  three of section 265.10 of the penal law,
    23  sections 265.11, 265.12 and 265.13 of the penal law, or  prohibited  use
    24  of  weapons as defined in subdivision two of section 265.35 of the penal
    25  law, relating to firearms and other dangerous  weapons,  or  failure  to
    26  disclose  the  origin  of  a recording in the first degree as defined in
    27  section 275.40 of the penal law;
    28    (h) Promoting prostitution in the first degree, as defined in  section
    29  230.32 of the penal law, promoting prostitution in the second degree, as
    30  defined by subdivision one of section 230.30 of the penal law, promoting
    31  prostitution  in  the  third degree, as defined in section 230.25 of the
    32  penal law;
    33    § 9. The penal law is amended by adding a new section 230.01  to  read
    34  as follows:
    35  § 230.01 Prostitution; affirmative defense.
    36    In any prosecution under section 230.00, section 230.03 or subdivision
    37  two  of  section  240.37 of this part, it is an affirmative defense that
    38  the defendant's participation in the offense was a result of having been
    39  a victim of compelling prostitution under section 230.33,  a  victim  of
    40  sex  trafficking  under  section  230.34  of this article or a victim of
    41  trafficking in persons under  the  trafficking  victims  protection  act
    42  (United States Code, Title 22, Chapter 78).
    43    §  10.  The section heading and subdivision 1 of section 230.02 of the
    44  penal law, as amended by chapter 627 of the laws of 1978, are amended to
    45  read as follows:
    46    Patronizing a [prostitute] person for prostitution; definitions.
    47    1. A person patronizes a [prostitute] person for prostitution when:
    48    (a) Pursuant to a prior understanding, he or she pays a fee to another
    49  person as compensation for such person or a third person having  engaged
    50  in sexual conduct with him or her; or
    51    (b)  He  or she pays or agrees to pay a fee to another person pursuant
    52  to an understanding that in return  therefor  such  person  or  a  third
    53  person will engage in sexual conduct with him or her; or
    54    (c)  He or she solicits or requests another person to engage in sexual
    55  conduct with him or her in return for a fee.

        A. 506                              8
 
     1    § 11. Subdivision 2 of section 230.03 of the penal law,  as  added  by
     2  chapter 191 of the laws of 2011, is amended to read as follows:
     3    2. For the purposes of this section, section 230.08 and section 230.19
     4  of  this  article, "school zone" means (a) in or on or within any build-
     5  ing, structure, athletic playing field,  playground  or  land  contained
     6  within  the real property boundary line of a public or private elementa-
     7  ry, parochial, intermediate, junior high, vocational, or high school, or
     8  (b) any public  sidewalk,  street,  parking  lot,  park,  playground  or
     9  private  land, located immediately adjacent to the boundary line of such
    10  school.
    11    § 12. Section 230.04 of the penal law, as amended by chapter 74 of the
    12  laws of 2007, is amended to read as follows:
    13  § 230.04 Patronizing a [prostitute] person for prostitution in the third
    14             degree.
    15    A person is guilty of patronizing a [prostitute] person for  prostitu-
    16  tion in the third degree when he or she patronizes a [prostitute] person
    17  for prostitution.
    18    Patronizing a [prostitute] person for prostitution in the third degree
    19  is a class A misdemeanor.
    20    §  13. Section 230.05 of the penal law, as added by chapter 627 of the
    21  laws of 1978, is amended to read as follows:
    22  § 230.05 Patronizing a  [prostitute]  person  for  prostitution  in  the
    23             second degree.
    24    A  person is guilty of patronizing a [prostitute] person for prostitu-
    25  tion in the second degree when, being [over] eighteen years [of age] old
    26  or more, he or she patronizes a [prostitute] person for prostitution and
    27  the person patronized is less than [fourteen]  fifteen  years  [of  age]
    28  old.
    29    Patronizing  a  [prostitute]  person  for  prostitution  in the second
    30  degree is a class E felony.
    31    § 14. Section 230.06 of the penal law, as added by chapter 627 of  the
    32  laws of 1978, is amended to read as follows:
    33  § 230.06 Patronizing a [prostitute] person for prostitution in the first
    34             degree.
    35    A  person is guilty of patronizing a [prostitute] person for prostitu-
    36  tion in the first degree when [he]:
    37    1. He or she patronizes a [prostitute] person for prostitution and the
    38  person patronized is less than eleven years [of age] old; or
    39    2. Being eighteen years old or more, he or she patronizes a person for
    40  prostitution and the person patronized is less than thirteen years old.
    41    Patronizing a [prostitute] person for prostitution in the first degree
    42  is a class D felony.
    43    § 15. Section 230.07 of the penal law, as amended by chapter 74 of the
    44  laws of 2007, is amended to read as follows:
    45  § 230.07 Patronizing a [prostitute] person for prostitution; defense.
    46    In any prosecution for patronizing a [prostitute] person for prostitu-
    47  tion in the first or second degrees or patronizing a person for  prosti-
    48  tution in a school zone, it is a defense that the defendant did not have
    49  reasonable  grounds  to  believe  that  the person was less than the age
    50  specified.
    51    § 16. The penal law is amended by adding a new section 230.08 to  read
    52  as follows:
    53  § 230.08 Patronizing a person for prostitution in a school zone.
    54    1.  A  person  is guilty of patronizing a person for prostitution in a
    55  school zone when, being twenty-one years old or more, he or she  patron-
    56  izes  a  person  for prostitution and the person patronized is less than

        A. 506                              9
 
     1  eighteen years old at a place that he or she knows, or reasonably should
     2  know, is in a school zone.
     3    2.  For  purposes  of  this  section, "school zone" shall mean "school
     4  zone" as defined in subdivision two of section 230.03 of this article.
     5    Patronizing a person for prostitution in a school zone is  a  class  E
     6  felony.
     7    §  17. The section heading and the opening paragraph of section 230.10
     8  of the penal law are amended to read as follows:
     9    Prostitution and patronizing a [prostitute] person  for  prostitution;
    10  no defense.
    11    In  any  prosecution  for  prostitution  or patronizing a [prostitute]
    12  person for prostitution, the sex  of  the  two  parties  or  prospective
    13  parties  to  the sexual conduct engaged in, contemplated or solicited is
    14  immaterial, and it is no defense that:
    15    § 18. The penal law is amended by adding three  new  sections  230.11,
    16  230.12 and 230.13 to read as follows:
    17  § 230.11 Aggravated  patronizing  a  minor for prostitution in the third
    18             degree.
    19    A person is guilty of aggravated patronizing a minor for  prostitution
    20  in  the third degree when, being twenty-one years old or more, he or she
    21  patronizes a person for prostitution and the person patronized  is  less
    22  than seventeen years old and the person guilty of patronizing engages in
    23  sexual  intercourse, oral sexual conduct, anal sexual conduct, or aggra-
    24  vated sexual conduct as those terms are defined  in  section  130.00  of
    25  this part, with the person patronized.
    26    Aggravated patronizing a minor for prostitution in the third degree is
    27  a class E felony.
    28  § 230.12 Aggravated  patronizing  a minor for prostitution in the second
    29             degree.
    30    A person is guilty of aggravated patronizing a minor for  prostitution
    31  in  the  second degree when, being eighteen years old or more, he or she
    32  patronizes a person for prostitution and the person patronized  is  less
    33  than  fifteen  years old and the person guilty of patronizing engages in
    34  sexual intercourse, oral sexual conduct, anal sexual conduct, or  aggra-
    35  vated  sexual  conduct  as  those terms are defined in section 130.00 of
    36  this part, with the person patronized.
    37    Aggravated patronizing a minor for prostitution in the  second  degree
    38  is a class D felony.
    39  § 230.13 Aggravated  patronizing  a  minor for prostitution in the first
    40             degree.
    41    A person is guilty of aggravated patronizing a minor for  prostitution
    42  in  the first degree when he or she patronizes a person for prostitution
    43  and the person patronized is less than eleven years old, or being  eigh-
    44  teen  years  old or more, he or she patronizes a person for prostitution
    45  and the person patronized is less  than  thirteen  years  old,  and  the
    46  person  guilty of patronizing engages in sexual intercourse, oral sexual
    47  conduct, anal sexual conduct, or  aggravated  sexual  conduct  as  those
    48  terms  are  defined  in  section  130.00  of  this part, with the person
    49  patronized.
    50    Aggravated patronizing a minor for prostitution in the first degree is
    51  a class B felony.
    52    § 19. Subdivisions 1 and 2 of section 230.15  of  the  penal  law  are
    53  amended to read as follows:
    54    1.  "Advance  prostitution."  A  person  "advances prostitution" when,
    55  acting other than as a [prostitute]  person  in  prostitution  or  as  a
    56  patron thereof, he or she knowingly causes or aids a person to commit or

        A. 506                             10
 
     1  engage  in  prostitution, procures or solicits patrons for prostitution,
     2  provides persons or premises  for  prostitution  purposes,  operates  or
     3  assists  in  the  operation of a house of prostitution or a prostitution
     4  enterprise,  or  engages in any other conduct designed to institute, aid
     5  or facilitate an act or enterprise of prostitution.
     6    2. "Profit from prostitution." A person  "profits  from  prostitution"
     7  when, acting other than as a [prostitute] person in prostitution receiv-
     8  ing  compensation  for  personally rendered prostitution services, he or
     9  she accepts or receives money or other property pursuant to an agreement
    10  or understanding with any person whereby he or she participates or is to
    11  participate in the proceeds of prostitution activity.
    12    § 20. Subdivision 1 of section 230.19 of the penal law,  as  added  by
    13  chapter 191 of the laws of 2011, is amended to read as follows:
    14    1. A person is guilty of promoting prostitution in a school zone when,
    15  being  nineteen  years [of age] old or [older] more, he or she knowingly
    16  advances or profits from prostitution that he or she knows or reasonably
    17  should know is or will be committed in violation of  section  230.03  of
    18  this  article  in  a  school  zone  during  the  hours that school is in
    19  session.
    20    § 21. The opening paragraph and subdivision 1 of section 230.25 of the
    21  penal law, the opening paragraph as amended by chapter 627 of  the  laws
    22  of  1978 and subdivision 1 as amended by chapter 74 of the laws of 2007,
    23  are amended to read as follows:
    24    A person is guilty of promoting prostitution in the third degree  when
    25  he or she knowingly:
    26    1.  Advances  or  profits  from prostitution by managing, supervising,
    27  controlling or owning, either alone or in  association  with  others,  a
    28  house of prostitution or a prostitution business or enterprise involving
    29  prostitution  activity by two or more [prostitutes] persons in prostitu-
    30  tion, or a business that sells travel-related services knowing that such
    31  services include or are intended to facilitate travel for the purpose of
    32  patronizing a [prostitute]  person  for  prostitution,  including  to  a
    33  foreign  jurisdiction  and regardless of the legality of prostitution in
    34  said foreign jurisdiction; or
    35    § 22. Section 230.30 of the penal law, as amended by  chapter  627  of
    36  the laws of 1978, is amended to read as follows:
    37  § 230.30 Promoting prostitution in the second degree.
    38    A person is guilty of promoting prostitution in the second degree when
    39  he or she knowingly:
    40    1.  Advances  prostitution  by  compelling a person by force or intim-
    41  idation to engage in prostitution, or profits from such coercive conduct
    42  by another; or
    43    2. Advances or  profits  from  prostitution  of  a  person  less  than
    44  [sixteen] eighteen years old.
    45    Promoting prostitution in the second degree is a class C felony.
    46    §  23. The first undesignated paragraph of section 230.32 of the penal
    47  law, as added by chapter 627 of the laws of 1978, is amended to read  as
    48  follows:
    49    A  person is guilty of promoting prostitution in the first degree when
    50  he or she:
    51    1. knowingly advances or profits from prostitution of  a  person  less
    52  than [eleven] thirteen years old; or
    53    2. being twenty-one years old or more, he or she knowingly advances or
    54  profits from prostitution of a person less than fifteen years old.
    55    §  24. Section 230.33 of the penal law, as added by chapter 450 of the
    56  laws of 2005, is amended to read as follows:

        A. 506                             11
 
     1  § 230.33 Compelling prostitution.
     2    A person is guilty of compelling prostitution when, being [twenty-one]
     3  eighteen  years  [of  age  or  older]  old  or more, he or she knowingly
     4  advances prostitution by compelling a person less than  [sixteen]  eigh-
     5  teen years old, by force or intimidation, to engage in prostitution.
     6    Compelling prostitution is a class B felony.
     7    §  25.  Section  230.35 of the penal law, as amended by chapter 450 of
     8  the laws of 2005, is amended to read as follows:
     9  § 230.35 Promoting or compelling prostitution; accomplice.
    10    In a prosecution for promoting prostitution  or  compelling  prostitu-
    11  tion,  a  person  less than [seventeen] eighteen years [of age] old from
    12  whose prostitution activity another person is alleged to  have  advanced
    13  or  attempted to advance or profited or attempted to profit shall not be
    14  deemed to be an accomplice.
    15    § 26. The first undesignated paragraph of section 230.40 of the  penal
    16  law is amended to read as follows:
    17    A  person is guilty of permitting prostitution when, having possession
    18  or control of premises or vehicle which he or she knows are  being  used
    19  for  prostitution purposes or for the purpose of advancing prostitution,
    20  he or she fails to make reasonable effort to halt or abate such use.
    21    § 27. Subdivision 2 of section 240.37 of the penal law,  as  added  by
    22  chapter 344 of the laws of 1976, is amended, and subdivision 3 is renum-
    23  bered subdivision 4 and a new subdivision 3 is added to read as follows:
    24    2.  Any  person  who  remains  or  wanders about in a public place and
    25  repeatedly beckons to, or repeatedly stops, or  repeatedly  attempts  to
    26  stop,  or  repeatedly  attempts to engage passers-by in conversation, or
    27  repeatedly stops or attempts  to  stop  motor  vehicles,  or  repeatedly
    28  interferes  with  the  free passage of other persons, for the purpose of
    29  prostitution[, or of patronizing a prostitute as  those  terms  are]  as
    30  that  term  is  defined in article two hundred thirty of [the penal law]
    31  this part, shall be guilty of a violation and is guilty  of  a  class  B
    32  misdemeanor  if such person has previously been convicted of a violation
    33  of this section or of [sections] section  230.00  [or  230.05]  of  [the
    34  penal law] this part.
    35    3.  Any  person  who  remains  or  wanders about in a public place and
    36  repeatedly beckons to, or repeatedly stops, or  repeatedly  attempts  to
    37  stop,  or  repeatedly  attempts to engage passers-by in conversation, or
    38  repeatedly stops or attempts  to  stop  motor  vehicles,  or  repeatedly
    39  interferes  with  the  free passage of other persons, for the purpose of
    40  patronizing a person for prostitution as defined in  section  230.02  of
    41  this  part,  shall  be  guilty of a violation and is guilty of a class B
    42  misdemeanor if such person has previously been convicted of a  violation
    43  of  this  section or of section 230.04, 230.05, 230.06 or 230.08 of this
    44  part.
    45    § 28. Subdivision 6 of section 380.50 of the criminal  procedure  law,
    46  as  amended  by  chapter  320 of the laws of 2006, is amended to read as
    47  follows:
    48    6. Regardless of whether the victim requests to make a statement  with
    49  regard to the defendant's sentence, where the defendant is sentenced for
    50  a violent felony offense as defined in section 70.02 of the penal law or
    51  a  felony  defined in article one hundred twenty-five of such law or any
    52  of the following provisions of such law sections 130.25, 130.30, 130.40,
    53  130.45, 255.25, 255.26, 255.27, article two hundred sixty-three, 135.10,
    54  135.25, 230.05, 230.06,  230.11,  230.12,  230.13,  subdivision  two  of
    55  section 230.30 or 230.32, the prosecutor shall, within sixty days of the
    56  imposition  of  sentence,  provide  the  victim with a form on which the

        A. 506                             12
 
     1  victim may indicate a demand to be informed of any  petition  to  change
     2  the  name  of  such  defendant.   Such forms shall be maintained by such
     3  prosecutor. Upon receipt of a notice of a petition to change the name of
     4  any  such defendant, pursuant to subdivision two of section sixty-two of
     5  the civil rights law, the prosecutor shall promptly notify the victim at
     6  the most current address or telephone number provided by such victim  in
     7  the  most reasonable and expedient possible manner of the time and place
     8  such petition will be presented to the court.
     9    § 29. Paragraph (i) of subdivision 1 of section 440.10 of the criminal
    10  procedure law, as added by chapter 332 of the laws of 2010,  is  amended
    11  to read as follows:
    12    (i)  The judgment is a conviction where the arresting charge was under
    13  section 240.37 (loitering for the purpose of engaging in a  prostitution
    14  offense, provided that the defendant was not alleged to be loitering for
    15  the  purpose  of  patronizing  a [prostitute] person for prostitution or
    16  promoting prostitution) or 230.00 (prostitution) or 230.03 (prostitution
    17  in a school zone) of the penal law, and the defendant's participation in
    18  the offense was a result of having been  a  victim  of  sex  trafficking
    19  under  section  230.34 of the penal law, labor trafficking under section
    20  135.35 of the penal law,  aggravated  labor  trafficking  under  section
    21  135.37 of the penal law, compelling prostitution under section 230.33 of
    22  the  penal  law, or trafficking in persons under the Trafficking Victims
    23  Protection Act (United States Code, title 22, chapter 78); provided that
    24    (i) a motion under this paragraph shall be made  with  due  diligence,
    25  after  the  defendant  has  ceased to be a victim of such trafficking or
    26  compelling prostitution crime or has sought services for victims of such
    27  trafficking or compelling  prostitution  crime,  subject  to  reasonable
    28  concerns  for the safety of the defendant, family members of the defend-
    29  ant, or other victims of such  trafficking  or  compelling  prostitution
    30  crime  that  may  be  jeopardized by the bringing of such motion, or for
    31  other reasons consistent with the purpose of this paragraph; and
    32    (ii) official documentation of the defendant's status as a  victim  of
    33  [sex]  trafficking, compelling prostitution or trafficking in persons at
    34  the time of the offense from a federal, state or local government agency
    35  shall create a presumption that the  defendant's  participation  in  the
    36  offense was a result of having been a victim of sex trafficking, compel-
    37  ling  prostitution  or trafficking in persons, but shall not be required
    38  for granting a motion under this paragraph.
    39    § 30. Section 483-bb of the social services law is amended by adding a
    40  new subdivision (c) to read as follows:
    41    (c) An individual who is a victim of the conduct prohibited by section
    42  230.33, 230.34, 135.35 or 135.37 of the penal  law  may  bring  a  civil
    43  action  against the perpetrator or whoever knowingly advances or profits
    44  from, or whoever should have known he or she was advancing or  profiting
    45  from, an act in violation of section 230.33, 230.34, 135.35 or 135.37 of
    46  the penal law to recover damages and reasonable attorney's fees.
    47    §  31.  Section  212 of the civil practice law and rules is amended by
    48  adding a new subdivision (e) to read as follows:
    49    (e) By a victim of sex trafficking, compelling prostitution, or  labor
    50  trafficking.  An action by a victim of sex trafficking, compelling pros-
    51  titution, labor trafficking or  aggravated  labor  trafficking,  brought
    52  pursuant  to  subdivision (c) of section four hundred eighty-three-bb of
    53  the social services law, may be commenced within ten  years  after  such
    54  victimization  occurs provided, however, that such ten year period shall
    55  not begin to run and shall be tolled during  any  period  in  which  the
    56  victim is or remains subject to such conduct.

        A. 506                             13
 
     1    § 32. Subdivision (a) of section 483-cc of the social services law, as
     2  added by chapter 74 of the laws of 2007, is amended to read as follows:
     3    (a)  As  soon as practicable after a first encounter with a person who
     4  reasonably appears to a law enforcement agency [or a],  district  attor-
     5  ney's  office,  or  an  established provider of social or legal services
     6  designated by the office of temporary  and  disability  assistance,  the
     7  office  for  the prevention of domestic violence or the office of victim
     8  services to be a human trafficking victim, that [agency or] law enforce-
     9  ment agency or district attorney's office shall  notify  the  office  of
    10  temporary and disability assistance and the division of criminal justice
    11  services  that such person may be eligible for services under this arti-
    12  cle or, in the case of  an  established  provider  of  social  or  legal
    13  services, shall notify the office of temporary and disability assistance
    14  and the division of criminal justice services if such victim consents to
    15  seeking services pursuant to this article.
    16    § 33. Section 14 of chapter 74 of the laws of 2007, amending the penal
    17  law, the criminal procedure law, the correction law, the social services
    18  law,  and the executive law relating to human trafficking, as amended by
    19  chapter 24 of the laws of 2011, is amended to read as follows:
    20    § 14.   This act shall take effect  on  the  first  of  November  next
    21  succeeding  the  date on which it shall have become a law; provided that
    22  section 483-ee of the social services law, as added by section eleven of
    23  this act, shall take effect immediately and shall remain in  full  force
    24  and  effect  until  September  1,  [2013]  2019  when upon such date the
    25  provisions  of  such  section  shall  expire  and  be  deemed  repealed.
    26  Provided,  effective  immediately, the addition, amendment and/or repeal
    27  of any rule or regulation necessary for the timely implementation of the
    28  provisions of article 10-D of the  social  services  law,  as  added  by
    29  section  eleven  of this act, on its effective date are authorized to be
    30  made on or before such effective date.
    31    § 34. Subdivision (p) of section 10.03 of the mental hygiene  law,  as
    32  added by chapter 7 of the laws of 2007, is amended to read as follows:
    33    (p)  "Sex  offense"  means an act or acts constituting: (1) any felony
    34  defined in article one hundred thirty of  the  penal  law,  including  a
    35  sexually  motivated  felony;  (2)  patronizing a [prostitute] person for
    36  prostitution in the first degree as defined in  section  230.06  of  the
    37  penal  law, aggravated patronizing a minor for prostitution in the first
    38  degree as defined in section 230.13 of the penal law, aggravated patron-
    39  izing a minor for prostitution  in  the  second  degree  as  defined  in
    40  section  230.12  of  the  penal  law, aggravated patronizing a minor for
    41  prostitution in the third degree as defined in  section  230.11  of  the
    42  penal  law,  incest in the second degree as defined in section 255.26 of
    43  the penal law, or incest in the  first  degree  as  defined  in  section
    44  255.27  of  the  penal law; (3) a felony attempt or conspiracy to commit
    45  any of the foregoing offenses set forth in this subdivision;  or  (4)  a
    46  designated  felony,  as  defined  in subdivision (f) of this section, if
    47  sexually motivated and committed prior to the  effective  date  of  this
    48  article.
    49    §  35.  Subparagraph  (i) of paragraph (a) of subdivision 2 of section
    50  168-a of the correction law, as amended by chapter 405 of  the  laws  of
    51  2008, is amended to read as follows:
    52    (i)  a  conviction  of or a conviction for an attempt to commit any of
    53  the provisions of  sections  120.70,  130.20,  130.25,  130.30,  130.40,
    54  130.45, 130.60, 230.34, 250.50, 255.25, 255.26 and 255.27 or article two
    55  hundred  sixty-three of the penal law, or section 135.05, 135.10, 135.20
    56  or 135.25 of such law relating  to  kidnapping  offenses,  provided  the

        A. 506                             14
 
     1  victim  of  such  kidnapping  or  related offense is less than seventeen
     2  years old and the offender is not the parent of the victim,  or  section
     3  230.04, where the person patronized is in fact less than seventeen years
     4  of  age,  230.05  [or], 230.06, [or] 230.11, 230.12, 230.13, subdivision
     5  two of section 230.30, [or] section 230.32 [or], 230.33,  or  230.34  of
     6  the penal law, or section 230.25 of the penal law where the person pros-
     7  tituted is in fact less than seventeen years old, or
     8    §  36.  Paragraph  (b)  of  subdivision  1  of  section  168-d  of the
     9  correction law, as amended by chapter 74 of the laws of 2007, is amended
    10  to read as follows:
    11    (b) Where a defendant stands convicted of an offense defined in  para-
    12  graph  (b)  of  subdivision  two of section one hundred sixty-eight-a of
    13  this article or where the  defendant  was  convicted  of  patronizing  a
    14  [prostitute]  person  for prostitution in the third degree under section
    15  230.04 of the penal law and the defendant controverts an allegation that
    16  the victim of such offense was less than eighteen years of  age  or,  in
    17  the  case  of  a  conviction under section 230.04 of the penal law, less
    18  than seventeen years of age, the court, without a jury, shall, prior  to
    19  sentencing,  conduct  a  hearing,  and the people may prove by clear and
    20  convincing evidence that the victim was less  than  eighteen  years  [of
    21  age]  old  or  less than seventeen years [of age] old, as applicable, by
    22  any evidence admissible under the rules applicable to  a  trial  of  the
    23  issue  of  guilt.  The court in addition to such admissible evidence may
    24  also consider  reliable  hearsay  evidence  submitted  by  either  party
    25  provided  that  it  is  relevant  to the determination of the age of the
    26  victim. Facts concerning the age of the victim proven at trial or ascer-
    27  tained at the time of entry of a plea of guilty shall be  deemed  estab-
    28  lished by clear and convincing evidence and shall not be relitigated. At
    29  the  conclusion  of the hearing, or if the defendant does not controvert
    30  an allegation that the victim of the  offense  was  less  than  eighteen
    31  years  [of age] old or less than seventeen years [of age] old, as appli-
    32  cable, the court must make a finding and enter an  order  setting  forth
    33  the  age  of  the  victim.  If  the  court finds that the victim of such
    34  offense was under eighteen years [of age] old or under  seventeen  years
    35  [of  age] old, as applicable, the court shall certify the defendant as a
    36  sex offender, the provisions of paragraph (a) of this subdivision  shall
    37  apply  and  the defendant shall register with the division in accordance
    38  with the provisions of this article.
    39    § 37. Paragraph (c) of subdivision 4 of section 509-cc of the  vehicle
    40  and  traffic  law,  as  amended  by  chapter 400 of the laws of 2011, is
    41  amended to read as follows:
    42    (c) The offenses referred to in subparagraph (i) of paragraph  (b)  of
    43  subdivision one and subparagraph (i) of paragraph (c) of subdivision two
    44  of  this  section  that  result in disqualification for a period of five
    45  years shall include a conviction under sections 100.10, 105.13,  115.05,
    46  120.03,  120.04,  120.04-a,  120.05,  120.10,  120.25,  121.12,  121.13,
    47  125.40, 125.45, 130.20, 130.25, 130.52, 130.55, 135.10, 135.55,  140.17,
    48  140.25,  140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06, 220.09,
    49  220.16, 220.31, 220.34, 220.60, 220.65, 221.30, 221.50, 221.55,  230.00,
    50  230.05,  230.06, 230.11, 230.12, 230.13, 230.19, 230.20, 235.05, 235.06,
    51  235.07, 235.21, 240.06,  245.00,  260.10,  subdivision  two  of  section
    52  260.20  and  sections  260.25,  265.02,  265.03, 265.08, 265.09, 265.10,
    53  265.12, 265.35 of the penal law or an attempt to commit any of the afor-
    54  esaid offenses under section 110.00 of the penal  law,  or  any  similar
    55  offenses  committed  under  a  former  section  of the penal law, or any
    56  offenses committed under a former section of the penal law  which  would

        A. 506                             15
 
     1  constitute violations of the aforesaid sections of the penal law, or any
     2  offenses  committed outside this state which would constitute violations
     3  of the aforesaid sections of the penal law.
     4    §  38.  The vehicle and traffic law is amended by adding a new section
     5  510-d to read as follows:
     6    § 510-d. Suspension and revocation of class E driver's licenses. 1.  A
     7  class  E  driver's  license shall be suspended by the commissioner for a
     8  period of one year where the holder  is  convicted  of  a  violation  of
     9  section  230.20,  230.25,  230.30, 230.32, 230.34 or 230.40 of the penal
    10  law and the holder used a for hire motor vehicle to commit such crime.
    11    2. A class E driver's license may be revoked by the commissioner  when
    12  the holder, who had his or her driver's license suspended under subdivi-
    13  sion  one  of  this section within the last ten years, is convicted of a
    14  second violation of section 230.20, 230.25, 230.30,  230.32,  230.34  or
    15  230.40  of the penal law and the holder used a for hire motor vehicle to
    16  commit such crime.
    17    3. Any revocation or suspension of a class E driver's  license  issued
    18  pursuant to this article shall be applicable only to that portion of the
    19  holder's  driver's license or privilege which permits the operation of a
    20  motor vehicle transporting passengers for  hire,  and  the  commissioner
    21  shall  immediately  issue  a  license,  other  than  a  class E driver's
    22  license, to such person, provided that such person is otherwise eligible
    23  to receive such license and further provided that issuing a  license  to
    24  such person does not create a substantial traffic safety hazard.
    25    4.  The  provisions  of this section shall not be construed to prevent
    26  any person who has the authority to suspend or revoke a license to drive
    27  or privilege of operating pursuant to section five hundred ten  of  this
    28  article from exercising any such authority.
    29    §  39.  Section 2324-a of the public health law, as amended by chapter
    30  260 of the laws of 1978, is amended to read as follows:
    31    § 2324-a. Presumptive evidence.  For the purposes of this  title,  two
    32  or more convictions of any person or persons had, within a period of one
    33  year,  for  any  of  the  offenses  described in section 230.00, 230.05,
    34  230.06, 230.08, 230.11, 230.12, 230.13, 230.20, 230.25 [or],  230.30  or
    35  230.32  of  the  penal law arising out of conduct engaged in at the same
    36  real property consisting of a dwelling as that term is defined in subdi-
    37  vision four of section four  of  the  multiple  dwelling  law  shall  be
    38  presumptive  evidence  of  conduct  constituting use of the premises for
    39  purposes of prostitution.
    40    § 40. Subdivision 2 of section 715 of the real  property  actions  and
    41  proceedings law, as added by chapter 494 of the laws of 1976, is amended
    42  to read as follows:
    43    2. For purposes of this section, two or more convictions of any person
    44  or  persons  had,  within  a period of one year, for any of the offenses
    45  described in section 230.00, 230.05,  230.06,  230.11,  230.12,  230.13,
    46  230.20, 230.25, 230.30, 230.32 or 230.40 of the penal law arising out of
    47  conduct engaged in at the same real property consisting of a dwelling as
    48  that term is defined in subdivision four of section four of the multiple
    49  dwelling  law  shall be presumptive evidence of conduct constituting use
    50  of the premises for purposes of prostitution.
    51    § 41. Subdivision 3 of section  231  of  the  real  property  law,  as
    52  amended  by  chapter  203  of  the  laws  of 1980, is amended to read as
    53  follows:
    54    3. For the purposes of this section, two or more  convictions  of  any
    55  person  or  persons  had,  within  a  period of one year, for any of the
    56  offenses described in section 230.00, 230.05,  230.06,  230.11,  230.12,

        A. 506                             16
 
     1  230.13,  230.20, 230.25, 230.30, 230.32 or 230.40 of the penal law aris-
     2  ing out of conduct engaged in at  the  same  premises  consisting  of  a
     3  dwelling  as that term is defined in subdivision four of section four of
     4  the  multiple dwelling law shall be presumptive evidence of unlawful use
     5  of such premises and of the owners knowledge of the same.
     6    § 42. Subdivision 3 of section 840 of the executive law is amended  by
     7  adding a new paragraph (f-1) to read as follows:
     8    (f-1)  Develop,  maintain  and  disseminate,  in consultation with the
     9  office of temporary and disability assistance and the division of crimi-
    10  nal justice services, written policies and  procedures  regarding  human
    11  trafficking victims. Such policies and procedures shall include, but not
    12  be limited to the following: (1) the identification of potential victims
    13  of  human  trafficking,  as  defined  under section four hundred eighty-
    14  three-aa of the social services law; and (2) information and/or referral
    15  to appropriate social and legal services for victims of human  traffick-
    16  ing  in  accordance  with  section  four  hundred eighty-three-bb of the
    17  social services law;
    18    § 43. The executive law is amended by adding a new  section  214-d  to
    19  read as follows:
    20    § 214-d. Human trafficking awareness. The superintendent, in consulta-
    21  tion  with  the  office  of  temporary and disability assistance and the
    22  division of criminal justice services, shall: (1) develop, maintain  and
    23  disseminate to all members of the state police, including new and veter-
    24  an  officers,  written  policies,  procedures  and educational materials
    25  relating to human trafficking victims, including services available  for
    26  victims  of  human  trafficking,  as  referenced in section four hundred
    27  eighty-three-bb of the social services law; and (2) establish and imple-
    28  ment written procedures and policies in the event a member of the  divi-
    29  sion of state police encounters an individual believed to be a victim of
    30  human  trafficking,  which  shall  include,  but  not be limited to, the
    31  provision of information and/or referral to an appropriate  provider  of
    32  social  and  legal  services to human trafficking victims, in accordance
    33  with such section four hundred eighty-three-bb.
    34    § 44. Severability clause. If any clause, sentence, paragraph,  subdi-
    35  vision,  section  or  part  of  this act shall be adjudged by a court of
    36  competent jurisdiction to be invalid, such judgment  shall  not  affect,
    37  impair or invalidate the remainder thereof, but shall be confined in its
    38  operation  to  the  clause, sentence, paragraph, subdivision, section or
    39  part thereof directly involved in the controversy in which such judgment
    40  shall have been rendered. It is hereby declared to be the intent of  the
    41  legislature  that  this act would have been enacted even if such invalid
    42  provisions had not been included herein.
    43    § 45.   Notwithstanding the provisions of article  5  of  the  general
    44  construction  law,  the  provisions  of  section  483-ee  of  the social
    45  services law, as added by chapter 74 of the laws  of  2007,  are  hereby
    46  revived  and  shall continue in full force and effect as such provisions
    47  existed on August 31, 2013.
    48    § 46.  This act shall take effect on the ninetieth day after it  shall
    49  have  become  a  law;  provided  however  that sections thirty-three and
    50  forty-five of this act shall take effect immediately.
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