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A02240 Summary:

BILL NO    A02240D

SAME AS    SAME AS S05879-B

SPONSOR    Paulin (MS)

COSPNSR    Dinowitz, Scarborough, Rosenthal, Cook, Lavine, Zebrowski, Abbate,
           Cusick, Englebright, Galef, Gunther, Jaffee, Magnarelli, Markey,
           Millman, Moya, Roberts, Weisenberg, Sepulveda, Stirpe, Kearns, Otis,
           Buchwald, Titus, Skoufis, Simotas, Schimel, Ryan, Russell, Quart,
           Pretlow, Perry, Lifton, Kellner, 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, Camara,
           Schimminger, Hooper, Rozic, Ortiz, Brook-Krasny, Kavanagh,
           Cymbrowitz, Gantt, Davila, Malliotakis, Gottfried, Wright

MLTSPNSR   Abinanti, Barclay, Brennan, Colton, Crespo, DiPietro, Fahy, Farrell,
           Finch, Gjonaj, Glick, Goldfeder, Heastie, Hennessey, Hikind, Jacobs,
           Lentol, Lupardo, Magee, Mayer, McDonald, McDonough, Montesano,
           Palmesano, Peoples-Stokes, Ra, Raia, Ramos, Rivera, Robinson,
           Rodriguez, Santabarbara, Simanowitz, Solages, Sweeney, Tenney,
           Thiele, Walter

Amd Pen L, generally; amd SS700.05, 380.50 & 440.10, 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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A02240 Memo:

BILL NUMBER:A2240D

TITLE OF BILL:  An act to amend the penal law, the criminal procedure
law, the social services law, the civil practice law and rules, the
mental hygiene law, the correction law, the vehicle and traffic law,
the public health law, the real property actions and proceedings law,
and the real property law, in relation to enacting the "trafficking
victims protection and justice act"; to amend the penal law, in
relation to prostitution in a school zone; to amend chapter 74 of the
laws of 2007 amending the penal law, the criminal procedure law, the
correction law, the social services law, and the executive law
relating to human trafficking, in relation to extending the
interagency task force on human trafficking for four years; and to
amend the executive law, in relation to human trafficking awareness

PURPOSE: This bill would improve the State's response to human
trafficking and increase the accountability of buyers and traffickers
by, among other things: (i) conforming the ages of victims in certain
prostitution offenses under Article 230 of the Penal Law to the ages
of victims of rape offenses under Article 130 of the Penal Law; (ii)
making sex trafficking a Class B violent felony and certain cases of
labor trafficking a Class D violent felony, and creating the new
offense of aggravated labor trafficking; and (iii) creating three
aggravated patronizing offenses where the person patronized is a
minor: aggravated patronizing a minor for prostitution in the third
degree, a Class E felony; aggravated patronizing a minor for
prostitution in the second degree, a Class D felony; and aggravated
patronizing a minor for prostitution in the first degree, a Class B
felony. This bill would also improve the school zone prostitution law
by adding as a Class E felony the offense of patronizing a person for
prostitution in a school zone. The legislation also provides a civil
remedy to victims to recover damages and reasonable attorney's fees
from their perpetrators. Further, the bill provides for increasing
awareness among law enforcement regarding identifying human
trafficking,victims and referral of services to victims by requiring
the superintendent of police, in consultation with the office of
temporary and disability assistance (OTDA) and the division of
criminal justice services (DCJS), to develop and disseminate to all
members of the state police written policies and education materials
relating to human trafficking victims and to establish and implement
written procedures in the event state police encounters an individual
believed to be a human trafficking victim.

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

SUMMARY OF PROVISIONS:

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

Section 2 amends section 60.13 of the Penal Law, as added by Chapter 7
of the Laws of 2007, to add aggravated patronizing a minor for
prostitution in the third degree as defined in section 230.11,
aggravated patronizing a minor for prostitution in the second degree
as defined in section 230.12, and aggravated patronizing a minor for


prostitution in the first degree as defined in section 230.13, as
felony sex offenses.

Section 3 amends paragraphs (a) and (c) of subdivision 1 of section
70.02 of the Penal Law, paragraph (a) as amended by Chapter 320 of the
Laws of 2006, and paragraph (c) as amended by Chapter 1 of the Laws of
2013, to add sex trafficking as defined in paragraphs (a) and (b) of
subdivision five of section 230.34 of the Penal Law as a Class B
violent felony offense, and to add labor trafficking as defined in
paragraphs (a) and (b) of subdivision three of section 135.35 of the
Penal Law as a Class D violent felony offense.

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

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

Section 6 amends the Penal Law by adding a new section 135.37 to
create the offense of aggravated labor trafficking, a Class C felony.
A person is guilty of aggravated labor trafficking if he or she
compels or induces another to engage in labor or recruits, entices,
harbors, or transports such other person to engage in labor by means
of intentionally unlawfully providing a controlled substance to such
person with intent to impair such person's judgment.

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

Section 8 amends paragraphs (b) and (h) of subdivision 8 of section
700.05 of the Criminal Procedure Law, paragraph (b) as amended by
Chapter 405 of the Laws of 2010, and paragraph (h) as amended by
Chapter 154 of the Laws of 1990, by adding as a "designated offense"
in the list of felonies aggravated .labor trafficking under section
135.37 of the Penal Law, and the offense of promoting prostitution in
the third degree, as defined in section 230.25 of the Penal Law.

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


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

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

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

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

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

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

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

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

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


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

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

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

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

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

Section 21 amends the opening paragraph and subdivision 1 of section
230.25 of the Penal Law, the opening paragraph as amended by Chapter
627 of the Laws of 1978 and subdivision 1 as amended by Chapter 74 of
the Laws of 2007, to replace the term "prostitute" with "person for
prostitution" and makes the section gender neutral.

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

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

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


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

Section 25 amends section 230.35 of the Penal Law, as amended by
Chapter 450 of the Laws of 2005, by providing that in a prosecution
for promoting prostitution or compelling prostitution, a person less
than 18 years old from whose prostitution activity another person is
alleged to have advanced or attempted to advance or profited or
attempted to profit shall not be deemed to be an accomplice. Current
law provides that a person less than 17 years old under such
circumstances shall not be deemed an accomplice.

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

Section 27 amends subdivision 2 of section 240.37 of the Penal Law, as
added by Chapter 344 of the Laws of 1976, and adds a new subdivision 3
to add that any person who remains or wanders about in a public place
and repeatedly beckons to, or repeatedly stops, or repeatedly attempts
to stop, or repeatedly attempts to engage passers-by in conversation,
or repeatedly stops or attempts to stop motor vehicles, or repeatedly
interferes with the free passage of other persons, for the purpose of
patronizing a person for prostitution is guilty of a violation and is
guilty of a Class B misdemeanor if such person has previously been
convicted of a violation of this section or of sections 230.04,
230.05, 230.06 or 230.08 of the Penal Law.

Section 28 amends subdivision 6 of section 380.50 of the Criminal
Procedure Law, as amended by Chapter 320 of the Laws of 2006, to add
to the list of enumerated offenses for which a defendant is sentenced
offenses under sections 230.11, aggravated patronizing a minor for
prostitution in the third degree, 230.12, aggravated patronizing a
minor for prostitution in the second degree, and 230.13, aggravated
patronizing a minor for prostitution in the first degree, wherein the
prosecutor shall, within 60 days of the imposition of sentence provide
the victim with a form on which the victim may indicate a demand to be
informed of any petition to change the name of such defendant.

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


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

Section 30 amends section 483-bb of the Social Services Law by adding
a new subdivision (c) to provide for the ability of a victim of
conduct prohibited by section 230.33, 230.34, 135.35 or 135.37 of the
Penal Law to bring a civil action to recover damages and reasonable
attorney's fees against the perpetrator or whoever knowingly advances
or profits from, or whoever should have known he or she was advancing
or profiting from, an act in violation of any of such sections.

Section 31 amends section 212 of the Civil Practice Law and Rules by
adding a new subdivision (e) to add to the actions to be commenced
within 10 years an action by a victim of sex trafficking, compelling
prostitution, labor trafficking or aggravated labor trafficking
brought under section 483-bb(c) of the Social Services Law, provided
that such 10-year period shall not begin to run and shall be tolled
during any period in which the Victim is or remains subject to such
conduct.

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

Section 33 amends Section 14 of Chapter 74 of the Laws of 2007,
amending the Penal Law, the Criminal Procedure Law, the Correction
Law, the Social Services Law, and the Executive Law relating to human
trafficking, as amended by Chapter 24 of the Laws of 2011, is amended
to provide that this act shall take effect on the first of November
next succeeding the date on which it shall have become a law; provided
that section 483-ee of the Social Services Law, as added by section
eleven of this act, shall take effect immediately and shall remain in
full force and effect until September 1, 2018 when the provisions of
such section shall expire and be deemed repealed.

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


Section 35 amends subparagraph (i) of paragraph (a) of subdivision 2
of section 168-a of the Correction Law, as amended by Chapter 405 of
the Laws of 2008, to add as a sex offense aggravated patronizing a
minor for prostitution in the third degree under 230.11 of the Penal
Law, aggravated patronizing a minor for prostitution in the second
degree under section 230.12 of the Penal Law, and aggravated
patronizing a minor for prostitution in the first degree under section
230.13 of the Penal Law, sex trafficking under section 230.34 of the
Penal Law, and promoting prostitution in the third degree under
section 230.25 of the Penal Law where the person prostituted is in
fact less than 17 years old.

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

Section 37 amends paragraph (c) of subdivision 4 of section 509-cc of
the Vehicle and Traffic Law, as amended by Chapter 400 of the Laws of
2011, to add to the enumerated offenses of which a person is convicted
that results in the disqualification for five years of such person
from operating a school bus aggravated patronizing a minor for
prostitution in the third degree under 230.11 of the Penal Law,
aggravated patronizing a minor for prostitution in the second degree
under section 230.12 of the Penal Law, aggravated patronizing a minor
for prostitution in the first degree under section 230.13 of the Penal
Law, and promoting prostitution in a school zone under section 230.19
of the Penal Law.

Section 38 amends the Vehicle and Traffic Law by adding a new section
510-d to provide for the suspension for one year a class E driver's
license where the holder is convicted of a violation of section
230.20, 230.25, 230.30 230.32, 230.34 or 230.40 of the Penal Law and
the holder used a for hire motor vehicle to commit such crime. This
section further provides for the revocation of a class E driver's
license when the holder, who had his or her driver's license suspended
as provided in this subdivision within the last 10 years, is convicted
of a second violation of section 230.20, 230.25, 230.30 230.32, 230.34
or 230.40 of the Penal Law and the holder used a for hire motor
vehicle to commit such crime.

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


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

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

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

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

Section 44 sets forth the severability clause.

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


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

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

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

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

Conforming penalties. This bill creates the felony sex offenses of
aggravated patronizing a minor in the third degree (Penal Law 230.11),
the second degree (Penal Law 230.12), and the first degree (Penal Law
230.13) to conform the penalties for patronizing with those for
statutory rape. Currently, an individual convicted of patronizing a
minor for prostitution receives a lesser penalty than one who rapes a
minor of the same age. For example, an 18-year old found guilty of
raping a 12-year old is convicted of a class B felony sex offense;
however, an 18-year old found guilty of patronizing a 12-year old is
convicted of a class E felony. This distinction undercuts the
legislative finding, expressed in the Safe Harbour for Exploited Youth
Act (the "Safe Harbor Act"), that minors in prostitution are sexually
exploited children as defined in Social Services Law S 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
(amending Penal Law sections 60.13 and 70.80(1)(a)) also furthers the
legislative goal of recognizing commercial sexual exploitation of
children as a form of child sexual abuse.

Consistency within the Penal Law. The bill creates consistency within
the Penal Law by aligning the ages of victims in each degree of
patronizing a prostituted minor crimes with the age delineated in the
corresponding degree of rape offense. For the crime of patronizing a
person for prostitution in the second degree (Penal Law S 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 S 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 S 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 S 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 S 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 S 230.35.

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

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

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

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


our children." This bill amends the Penal Law (S 230.08) consistent
with the Governor's recommendation.

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

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

Better utilization of investigatory tools. The bill enhances the
development of evidence-based cases against pimps and traffickers by
amending the Criminal Procedure Law (S 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 S 230.25 as
well as in cases of aggravated labor trafficking under section 135.37
of the Penal Law. Currently, law enforcement can obtain judicial
warrants to intercept conversations in their investigations of
traffickers only when they can establish coercion or that the victim
is under 16. Without the ability to conduct surveillance of persons
overtly promoting prostitution and the instruments used in furtherance
of such promotion, law enforcement has long been stymied in ferreting
out these perpetrators. With this amendment, we will facilitate the
investigation of prostitution rings and, at the same time, identify
and target human traffickers.

Providing victims civil remedies. Recognizing that persons compelled
to engage in prostitution or labor are victims and to assist these
victims in rebuilding their lives, this bill provides victims of sex
trafficking, compelling prostitution and labor trafficking the ability
to recover damages and reasonable attorney's fees from their
traffickers and those who should have known they were advancing or


profiting from sex trafficking, compelling prostitution or labor
trafficking. With the knowledge that victims face an arduous path to
finally escaping the control of their traffickers to engage in sex or
labor, the bill provides victims a period of 10 years in which he or
she may bring a civil action against his or her perpetrator, which
period will not begin to run and will be tolled during any period in
which the victim is or remains subject to engaging in sex trafficking,
compelling prostitution or labor trafficking.

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

LEGISLATIVE HISTORY: Same as A.9804, 2012 referred to Codes. Similar
to A.245A, 2012 and 2011 referred to Codes. Similar to A.602, 2010 and
2009 referred to Codes. Similar to A.10956, 2008 referred to Codes.
Similar to S.7986 (Saland), 2008 passed Senate.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Effective on the ninetieth day after it shall have
become law, provided that sections 32 and 45 of this act shall take
effect immediately.
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