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A02240 Text:

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

                                        2240--D

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                      (PREFILED)

                                    January 9, 2013
                                      ___________

       Introduced  by  M. of A. PAULIN, 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, ROSA, QUART, PRETLOW, PERRY, LIFTON, KELLNER,
         HEVESI, CLARK, BRONSON,  BRINDISI,  BARRETT,  ARROYO,  WEPRIN,  STECK,
         CORWIN, CURRAN, FITZPATRICK, GARBARINO, JOHNS, KATZ, McLAUGHLIN, SALA-
         DINO,  STEC, TEDISCO, TITONE, MORELLE, MOSLEY, GRAF, BRAUNSTEIN, SKAR-
         TADOS, MILLER, CAMARA, SCHIMMINGER, HOOPER, ROZIC, ORTIZ,  BROOK-KRAS-
         NY, KAVANAGH, CYMBROWITZ, GANTT, WRIGHT -- Multi-Sponsored by -- M. of
         A. ABINANTI, BRENNAN, COLTON, CRESPO, DiPIETRO, FAHY, FARRELL, GJONAJ,
         GLICK, GOLDFEDER, HEASTIE, HENNESSEY, HIKIND, JACOBS, LENTOL, LUPARDO,
         MAGEE,  MAYER,  McDONALD,  McDONOUGH,  MONTESANO,  PEOPLES-STOKES, RA,
         RAIA, RAMOS, RIVERA, ROBINSON,  RODRIGUEZ,  SANTABARBARA,  SIMANOWITZ,
         SOLAGES,  SWEENEY,  TENNEY,  THIELE  --  read once and referred to the
         Committee on Codes --  committee  discharged,  bill  amended,  ordered
         reprinted  as  amended  and  recommitted  to  said  committee -- again
         reported from said committee with  amendments,  ordered  reprinted  as
         amended  and  recommitted  to  said  committee  --  recommitted to the
         Committee on Codes in accordance with  Assembly  Rule  3,  sec.  2  --
         committee  discharged,  bill amended, ordered reprinted as amended and
         recommitted to said committee -- again reported  from  said  committee
         with  amendments, ordered reprinted as amended and recommitted to said
         committee

       AN ACT to amend the penal law, the criminal procedure  law,  the  social
         services  law,  the  civil  practice law and rules, the mental hygiene
         law, the correction law, the  vehicle  and  traffic  law,  the  public
         health  law,  the  real  property actions and proceedings law, and the
         real property law, in relation to enacting  the  "trafficking  victims
         protection  and  justice  act"; to amend the penal law, in relation to
         prostitution in a school zone; to amend chapter 74 of the laws of 2007
         amending the penal law, the criminal  procedure  law,  the  correction
         law,  the social services law, and the executive law relating to human

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03210-28-4
       A. 2240--D                          2

         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:

    1    Section 1. Short title. This act shall be known and may  be  cited  as
    2  the "trafficking victims protection and justice act".
    3    S 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  S 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    S 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
       A. 2240--D                          3

    1  weapon in the second degree as defined in section 490.40,  and  criminal
    2  use  of  a  chemical  weapon or biological weapon in the third degree as
    3  defined in section 490.47.
    4    (c)  Class  D violent felony offenses: an attempt to commit any of the
    5  class C felonies set forth in paragraph (b); reckless assault of a child
    6  as defined in section 120.02, assault in the second degree as defined in
    7  section 120.05, menacing a police officer or peace officer as defined in
    8  section 120.18, stalking in the first degree, as defined in  subdivision
    9  one  of section 120.60, strangulation in the second degree as defined in
   10  section 121.12, rape in the second degree as defined in section  130.30,
   11  criminal  sexual  act in the second degree as defined in section 130.45,
   12  sexual abuse in the first degree as defined in section 130.65, course of
   13  sexual conduct against a child  in  the  second  degree  as  defined  in
   14  section  130.80,  aggravated sexual abuse in the third degree as defined
   15  in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
   16  substance  as defined in section 130.90, LABOR TRAFFICKING AS DEFINED IN
   17  PARAGRAPHS (A) AND (B) OF SUBDIVISION THREE OF SECTION 135.35,  criminal
   18  possession  of  a  weapon  in the third degree as defined in subdivision
   19  five, six, seven, eight, nine or ten of section 265.02, criminal sale of
   20  a firearm in the third degree as defined in section 265.11, intimidating
   21  a victim or witness in the second degree as defined in  section  215.16,
   22  soliciting  or  providing  support for an act of terrorism in the second
   23  degree as defined in section 490.10, and making a terroristic threat  as
   24  defined  in  section  490.20, falsely reporting an incident in the first
   25  degree as defined in section 240.60, placing a false bomb  or  hazardous
   26  substance  in  the  first degree as defined in section 240.62, placing a
   27  false bomb or hazardous substance in a sports  stadium  or  arena,  mass
   28  transportation  facility or enclosed shopping mall as defined in section
   29  240.63, and aggravated unpermitted use of  indoor  pyrotechnics  in  the
   30  first degree as defined in section 405.18.
   31    S 4. Paragraph (a) of subdivision 1 of section 70.80 of the penal law,
   32  as  added  by  chapter  7  of  the  laws  of 2007, is amended to read as
   33  follows:
   34    (a) For the purposes of this section, a "felony sex offense"  means  a
   35  conviction  of  any felony defined in article one hundred thirty of this
   36  chapter, including a sexually motivated felony, or patronizing a  [pros-
   37  titute]  PERSON  FOR  PROSTITUTION  in  the  first  degree as defined in
   38  section 230.06 of this chapter, PATRONIZING A PERSON FOR PROSTITUTION IN
   39  THE SECOND DEGREE AS DEFINED IN SECTION 230.05 OF THIS  CHAPTER,  AGGRA-
   40  VATED  PATRONIZING  A  MINOR  FOR  PROSTITUTION  IN  THE THIRD DEGREE AS
   41  DEFINED IN SECTION 230.11 OF  THIS  CHAPTER,  AGGRAVATED  PATRONIZING  A
   42  MINOR FOR PROSTITUTION IN THE SECOND DEGREE AS DEFINED IN SECTION 230.12
   43  OF  THIS  CHAPTER,  AGGRAVATED  PATRONIZING  A MINOR FOR PROSTITUTION IN
   44  FIRST DEGREE AS DEFINED IN SECTION 230.13 OF THIS CHAPTER, incest in the
   45  second degree as defined in section 255.26 of this chapter, or incest in
   46  the first degree as defined in section 255.27  of  this  chapter,  or  a
   47  felony attempt or conspiracy to commit any of the above.
   48    S  5.  Section  135.35 of the penal law, as added by chapter 74 of the
   49  laws of 2007, is amended to read as follows:
   50  S 135.35 Labor trafficking.
   51    A person is guilty of labor  trafficking  if  he  or  she  compels  or
   52  induces  another  to  engage  in labor or recruits, entices, harbors, or
   53  transports such other person by means of intentionally:
   54    1. [unlawfully providing a controlled substance to  such  person  with
   55  intent to impair said person's judgment;
       A. 2240--D                          4

    1    2.] requiring that the labor be performed to retire, repay, or service
    2  a real or purported debt that the actor has caused by a systematic ongo-
    3  ing course of conduct with intent to defraud such person;
    4    [3.]  2.  withholding,  destroying,  or  confiscating  any  actual  or
    5  purported  passport,  immigration  document,  or  any  other  actual  or
    6  purported  government  identification  document,  of another person with
    7  intent to impair said person's freedom of movement;  provided,  however,
    8  that  this subdivision shall not apply to an attempt to correct a social
    9  security administration record or immigration agency record  in  accord-
   10  ance  with  any  local, state, or federal agency requirement, where such
   11  attempt is not made for the purpose of any express or implied threat;
   12    [4.] 3. using force or engaging in any  scheme,  plan  or  pattern  to
   13  compel or induce such person to engage in or continue to engage in labor
   14  activity  by  means  of  instilling  a  fear in such person that, if the
   15  demand is not complied with, the actor or another will do one or more of
   16  the following:
   17    (a) cause physical injury, serious physical  injury,  or  death  to  a
   18  person; or
   19    (b) cause damage to property, other than the property of the actor; or
   20    (c)  engage  in other conduct constituting a felony or unlawful impri-
   21  sonment in the second degree in violation  of  section  135.05  of  this
   22  [chapter] ARTICLE; or
   23    (d)  accuse some person of a crime or cause criminal charges or depor-
   24  tation proceedings to  be  instituted  against  such  person;  provided,
   25  however,  that  it  shall  be an affirmative defense to this subdivision
   26  that the defendant reasonably believed the threatened charge to be  true
   27  and  that  his or her sole purpose was to compel or induce the victim to
   28  take reasonable action to make good the wrong which was the  subject  of
   29  such threatened charge; or
   30    (e)  expose  a  secret  or publicize an asserted fact, whether true or
   31  false, tending to subject some person to hatred, contempt  or  ridicule;
   32  or
   33    (f)  testify  or provide information or withhold testimony or informa-
   34  tion with respect to another's legal claim or defense; or
   35    (g) use or abuse his or her position as a public servant by performing
   36  some act within or related to his or her official duties, or by  failing
   37  or  refusing  to  perform  an official duty, in such manner as to affect
   38  some person adversely.
   39    Labor trafficking is a class D felony.
   40    S 6. The penal law is amended by adding a new section 135.37  to  read
   41  as follows:
   42  S 135.37 AGGRAVATED LABOR TRAFFICKING.
   43    A  PERSON  IS  GUILTY  OF  AGGRAVATED  LABOR  TRAFFICKING IF HE OR SHE
   44  COMPELS OR INDUCES ANOTHER TO ENGAGE  IN  LABOR  OR  RECRUITS,  ENTICES,
   45  HARBORS,  OR TRANSPORTS SUCH OTHER PERSON TO ENGAGE IN LABOR BY MEANS OF
   46  INTENTIONALLY UNLAWFULLY PROVIDING A CONTROLLED SUBSTANCE TO SUCH PERSON
   47  WITH INTENT TO IMPAIR SAID PERSON'S JUDGMENT.
   48    AGGRAVATED LABOR TRAFFICKING IS A CLASS C FELONY.
   49    S 7. Paragraph (a) of subdivision 1 of section  460.10  of  the  penal
   50  law,  as  amended by chapter 405 of the laws of 2010, is amended to read
   51  as follows:
   52    (a) Any of the felonies set forth in this  chapter:  sections  120.05,
   53  120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat-
   54  ing  to  strangulation;  sections 125.10 to 125.27 relating to homicide;
   55  sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and
   56  135.25 relating to kidnapping;  [section]  SECTIONS  135.35  AND  135.37
       A. 2240--D                          5

    1  relating  to  labor  trafficking;  section  135.65 relating to coercion;
    2  sections 140.20,  140.25  and  140.30  relating  to  burglary;  sections
    3  145.05,  145.10  and  145.12  relating to criminal mischief; article one
    4  hundred  fifty  relating  to  arson; sections 155.30, 155.35, 155.40 and
    5  155.42 relating to grand larceny; sections 177.10,  177.15,  177.20  and
    6  177.25 relating to health care fraud; article one hundred sixty relating
    7  to robbery; sections 165.45, 165.50, 165.52 and 165.54 relating to crim-
    8  inal  possession of stolen property; sections 165.72 and 165.73 relating
    9  to trademark counterfeiting; sections 170.10,  170.15,  170.25,  170.30,
   10  170.40,  170.65 and 170.70 relating to forgery; sections 175.10, 175.25,
   11  175.35, 175.40 and 210.40 relating to false statements; sections 176.15,
   12  176.20, 176.25 and 176.30 relating to insurance fraud;  sections  178.20
   13  and  178.25  relating  to criminal diversion of prescription medications
   14  and prescriptions; sections  180.03,  180.08,  180.15,  180.25,  180.40,
   15  180.45,  200.00, 200.03, 200.04, 200.10, 200.11, 200.12, 200.20, 200.22,
   16  200.25, 200.27, 215.00, 215.05 and 215.19 relating to bribery;  sections
   17  187.10,  187.15,  187.20  and  187.25  relating  to residential mortgage
   18  fraud, sections 190.40 and 190.42 relating to  criminal  usury;  section
   19  190.65 relating to schemes to defraud; sections 205.60 and 205.65 relat-
   20  ing to hindering prosecution; sections 210.10, 210.15, and 215.51 relat-
   21  ing  to  perjury and contempt; section 215.40 relating to tampering with
   22  physical evidence; sections  220.06,  220.09,  220.16,  220.18,  220.21,
   23  220.31,  220.34,  220.39,  220.41,  220.43,  220.46,  220.55, 220.60 and
   24  220.77 relating to controlled substances;  sections  225.10  and  225.20
   25  relating  to  gambling;  sections 230.25, 230.30, and 230.32 relating to
   26  promoting prostitution; section  230.34  relating  to  sex  trafficking;
   27  sections  235.06,  235.07,  235.21  and  235.22  relating  to obscenity;
   28  sections 263.10 and 263.15 relating to promoting a sexual performance by
   29  a child; sections 265.02, 265.03, 265.04, 265.11, 265.12, 265.13 and the
   30  provisions of section 265.10  which  constitute  a  felony  relating  to
   31  firearms  and  other  dangerous  weapons; and sections 265.14 and 265.16
   32  relating to criminal sale of a  firearm;  and  section  275.10,  275.20,
   33  275.30,  or  275.40  relating  to  unauthorized recordings; and sections
   34  470.05, 470.10, 470.15 and 470.20 relating to money laundering; or
   35    S 8. Paragraphs (b) and (h) of subdivision 8 of section 700.05 of  the
   36  criminal  procedure  law, paragraph (b) as amended by chapter 405 of the
   37  laws of 2010 and paragraph (h) as amended by chapter 154 of the laws  of
   38  1990, are amended to read as follows:
   39    (b)  Any  of  the  following felonies: assault in the second degree as
   40  defined in section 120.05 of the penal law, assault in the first  degree
   41  as  defined in section 120.10 of the penal law, reckless endangerment in
   42  the first degree as defined in section 120.25 of the penal law,  promot-
   43  ing  a  suicide  attempt  as defined in section 120.30 of the penal law,
   44  strangulation in the second degree as defined in section 121.12  of  the
   45  penal  law,  strangulation  in  the  first  degree as defined in section
   46  121.13 of the penal law, criminally negligent  homicide  as  defined  in
   47  section  125.10  of  the penal law, manslaughter in the second degree as
   48  defined in section 125.15 of the penal law, manslaughter  in  the  first
   49  degree  as  defined  in  section  125.20 of the penal law, murder in the
   50  second degree as defined in section 125.25 of the penal law,  murder  in
   51  the first degree as defined in section 125.27 of the penal law, abortion
   52  in  the  second  degree  as  defined in section 125.40 of the penal law,
   53  abortion in the first degree as defined in section 125.45 of  the  penal
   54  law,  rape in the third degree as defined in section 130.25 of the penal
   55  law, rape in the second degree as defined in section 130.30 of the penal
   56  law, rape in the first degree as defined in section 130.35 of the  penal
       A. 2240--D                          6

    1  law,  criminal  sexual  act  in  the  third degree as defined in section
    2  130.40 of the penal law, criminal sexual act in  the  second  degree  as
    3  defined  in  section 130.45 of the penal law, criminal sexual act in the
    4  first degree as defined in section 130.50 of the penal law, sexual abuse
    5  in  the  first  degree  as  defined  in section 130.65 of the penal law,
    6  unlawful imprisonment in the first degree as defined in  section  135.10
    7  of  the penal law, kidnapping in the second degree as defined in section
    8  135.20 of the penal law, kidnapping in the first degree  as  defined  in
    9  section 135.25 of the penal law, labor trafficking as defined in section
   10  135.35  of  the  penal  law,  AGGRAVATED LABOR TRAFFICKING AS DEFINED IN
   11  SECTION 135.37 OF THE PENAL LAW, custodial  interference  in  the  first
   12  degree  as  defined  in section 135.50 of the penal law, coercion in the
   13  first degree as defined in section 135.65 of  the  penal  law,  criminal
   14  trespass  in  the first degree as defined in section 140.17 of the penal
   15  law, burglary in the third degree as defined in section  140.20  of  the
   16  penal law, burglary in the second degree as defined in section 140.25 of
   17  the penal law, burglary in the first degree as defined in section 140.30
   18  of  the  penal  law, criminal mischief in the third degree as defined in
   19  section 145.05 of the penal law, criminal mischief in the second  degree
   20  as  defined in section 145.10 of the penal law, criminal mischief in the
   21  first degree as defined in section 145.12 of  the  penal  law,  criminal
   22  tampering  in the first degree as defined in section 145.20 of the penal
   23  law, arson in the fourth degree as defined  in  section  150.05  of  the
   24  penal law, arson in the third degree as defined in section 150.10 of the
   25  penal  law,  arson  in the second degree as defined in section 150.15 of
   26  the penal law, arson in the first degree as defined in section 150.20 of
   27  the penal law, grand larceny in the fourth degree as defined in  section
   28  155.30 of the penal law, grand larceny in the third degree as defined in
   29  section  155.35  of the penal law, grand larceny in the second degree as
   30  defined in section 155.40 of the penal law, grand larceny in  the  first
   31  degree  as defined in section 155.42 of the penal law, health care fraud
   32  in the fourth degree as defined in section  177.10  of  the  penal  law,
   33  health  care  fraud  in the third degree as defined in section 177.15 of
   34  the penal law, health care fraud in the  second  degree  as  defined  in
   35  section  177.20  of the penal law, health care fraud in the first degree
   36  as defined in section 177.25 of the penal  law,  robbery  in  the  third
   37  degree  as  defined  in  section 160.05 of the penal law, robbery in the
   38  second degree as defined in section 160.10 of the penal law, robbery  in
   39  the first degree as defined in section 160.15 of the penal law, unlawful
   40  use  of  secret  scientific material as defined in section 165.07 of the
   41  penal law, criminal possession of stolen property in the  fourth  degree
   42  as  defined  in  section 165.45 of the penal law, criminal possession of
   43  stolen property in the third degree as defined in section 165.50 of  the
   44  penal  law,  criminal possession of stolen property in the second degree
   45  as defined by section 165.52 of the penal law,  criminal  possession  of
   46  stolen  property in the first degree as defined by section 165.54 of the
   47  penal law, trademark counterfeiting in the second degree as  defined  in
   48  section  165.72  of the penal law, trademark counterfeiting in the first
   49  degree as defined in section 165.73 of the penal  law,  forgery  in  the
   50  second  degree as defined in section 170.10 of the penal law, forgery in
   51  the first degree as defined in section 170.15 of the penal law, criminal
   52  possession of a forged instrument in the second  degree  as  defined  in
   53  section 170.25 of the penal law, criminal possession of a forged instru-
   54  ment  in the first degree as defined in section 170.30 of the penal law,
   55  criminal possession of forgery devices as defined in section  170.40  of
   56  the  penal  law,  falsifying  business  records  in  the first degree as
       A. 2240--D                          7

    1  defined in section 175.10  of  the  penal  law,  tampering  with  public
    2  records  in  the  first degree as defined in section 175.25 of the penal
    3  law, offering a false instrument for  filing  in  the  first  degree  as
    4  defined  in section 175.35 of the penal law, issuing a false certificate
    5  as defined in section 175.40 of the penal  law,  criminal  diversion  of
    6  prescription  medications  and  prescriptions  in  the  second degree as
    7  defined in section 178.20  of  the  penal  law,  criminal  diversion  of
    8  prescription  medications  and  prescriptions  in  the  first  degree as
    9  defined in section 178.25 of the penal law, residential  mortgage  fraud
   10  in  the  fourth  degree  as  defined in section 187.10 of the penal law,
   11  residential mortgage fraud in the third degree  as  defined  in  section
   12  187.15 of the penal law, residential mortgage fraud in the second degree
   13  as  defined  in  section  187.20  of the penal law, residential mortgage
   14  fraud in the first degree as defined in section 187.25 of the penal law,
   15  escape in the second degree as defined in section 205.10  of  the  penal
   16  law,  escape  in  the  first  degree as defined in section 205.15 of the
   17  penal law, absconding from temporary release  in  the  first  degree  as
   18  defined  in section 205.17 of the penal law, promoting prison contraband
   19  in the first degree as defined in  section  205.25  of  the  penal  law,
   20  hindering  prosecution in the second degree as defined in section 205.60
   21  of the penal law, hindering prosecution in the first degree  as  defined
   22  in  section  205.65  of  the  penal  law,  sex trafficking as defined in
   23  section 230.34 of the penal law, criminal possession of a weapon in  the
   24  third  degree  as defined in subdivisions two, three and five of section
   25  265.02 of the penal law, criminal possession of a weapon in  the  second
   26  degree  as  defined  in  section  265.03  of  the  penal  law,  criminal
   27  possession of a weapon in the first degree as defined in section  265.04
   28  of  the penal law, manufacture, transport, disposition and defacement of
   29  weapons and dangerous instruments and appliances defined as felonies  in
   30  subdivisions  one,  two,  and  three of section 265.10 of the penal law,
   31  sections 265.11, 265.12 and 265.13 of the penal law, or  prohibited  use
   32  of  weapons as defined in subdivision two of section 265.35 of the penal
   33  law, relating to firearms and other dangerous  weapons,  or  failure  to
   34  disclose  the  origin  of  a recording in the first degree as defined in
   35  section 275.40 of the penal law;
   36    (h) Promoting prostitution in the first degree, as defined in  section
   37  230.32 of the penal law, promoting prostitution in the second degree, as
   38  defined by subdivision one of section 230.30 of the penal law, PROMOTING
   39  PROSTITUTION  IN  THE  THIRD DEGREE, AS DEFINED IN SECTION 230.25 OF THE
   40  PENAL LAW;
   41    S 9. The penal law is amended by adding a new section 230.01  to  read
   42  as follows:
   43  S 230.01 PROSTITUTION; AFFIRMATIVE DEFENSE.
   44    IN ANY PROSECUTION UNDER SECTION 230.00, SECTION 230.03 OR SUBDIVISION
   45  TWO  OF  SECTION  240.37 OF THIS PART, IT IS AN AFFIRMATIVE DEFENSE THAT
   46  THE DEFENDANT'S PARTICIPATION IN THE OFFENSE WAS A RESULT OF HAVING BEEN
   47  A VICTIM OF COMPELLING PROSTITUTION UNDER SECTION 230.33,  A  VICTIM  OF
   48  SEX  TRAFFICKING  UNDER  SECTION  230.34  OF THIS ARTICLE OR A VICTIM OF
   49  TRAFFICKING IN PERSONS UNDER  THE  TRAFFICKING  VICTIMS  PROTECTION  ACT
   50  (UNITED STATES CODE, TITLE 22, CHAPTER 78).
   51    S  10.  The section heading and subdivision 1 of section 230.02 of the
   52  penal law, as amended by chapter 627 of the laws of 1978, are amended to
   53  read as follows:
   54    Patronizing a [prostitute] PERSON FOR PROSTITUTION; definitions.
   55    1. A person patronizes a [prostitute] PERSON FOR PROSTITUTION when:
       A. 2240--D                          8

    1    (a) Pursuant to a prior understanding, he OR SHE pays a fee to another
    2  person as compensation for such person or a third person having  engaged
    3  in sexual conduct with him OR HER; or
    4    (b)  He  OR SHE pays or agrees to pay a fee to another person pursuant
    5  to an understanding that in return  therefor  such  person  or  a  third
    6  person will engage in sexual conduct with him OR HER; or
    7    (c)  He OR SHE solicits or requests another person to engage in sexual
    8  conduct with him OR HER in return for a fee.
    9    S 11. Subdivision 2 of section 230.03 of the penal law,  as  added  by
   10  chapter 191 of the laws of 2011, is amended to read as follows:
   11    2. For the purposes of this section, SECTION 230.08 and section 230.19
   12  of  this  article, "school zone" means (a) in or on or within any build-
   13  ing, structure, athletic playing field,  playground  or  land  contained
   14  within  the real property boundary line of a public or private elementa-
   15  ry, parochial, intermediate, junior high, vocational, or high school, or
   16  (b) any public  sidewalk,  street,  parking  lot,  park,  playground  or
   17  private  land, located immediately adjacent to the boundary line of such
   18  school.
   19    S 12. Section 230.04 of the penal law, as amended by chapter 74 of the
   20  laws of 2007, is amended to read as follows:
   21  S 230.04 Patronizing a [prostitute] PERSON FOR PROSTITUTION in the third
   22             degree.
   23    A person is guilty of patronizing a [prostitute] PERSON FOR  PROSTITU-
   24  TION in the third degree when he or she patronizes a [prostitute] PERSON
   25  FOR PROSTITUTION.
   26    Patronizing a [prostitute] PERSON FOR PROSTITUTION in the third degree
   27  is a class A misdemeanor.
   28    S  13. Section 230.05 of the penal law, as added by chapter 627 of the
   29  laws of 1978, is amended to read as follows:
   30  S 230.05 Patronizing a  [prostitute]  PERSON  FOR  PROSTITUTION  in  the
   31             second degree.
   32    A  person is guilty of patronizing a [prostitute] PERSON FOR PROSTITU-
   33  TION in the second degree when, being [over] eighteen years [of age] OLD
   34  OR MORE, he OR SHE patronizes a [prostitute] PERSON FOR PROSTITUTION and
   35  the person patronized is less than [fourteen]  FIFTEEN  years  [of  age]
   36  OLD.
   37    Patronizing  a  [prostitute]  PERSON  FOR  PROSTITUTION  in the second
   38  degree is a class E felony.
   39    S 14. Section 230.06 of the penal law, as added by chapter 627 of  the
   40  laws of 1978, is amended to read as follows:
   41  S 230.06 Patronizing a [prostitute] PERSON FOR PROSTITUTION in the first
   42             degree.
   43    A  person is guilty of patronizing a [prostitute] PERSON FOR PROSTITU-
   44  TION in the first degree when [he]:
   45    1. HE OR SHE patronizes a [prostitute] PERSON FOR PROSTITUTION and the
   46  person patronized is less than eleven years [of age] OLD; OR
   47    2. BEING EIGHTEEN YEARS OLD OR MORE, HE OR SHE PATRONIZES A PERSON FOR
   48  PROSTITUTION AND THE PERSON PATRONIZED IS LESS THAN THIRTEEN YEARS OLD.
   49    Patronizing a [prostitute] PERSON FOR PROSTITUTION in the first degree
   50  is a class D felony.
   51    S 15. Section 230.07 of the penal law, as amended by chapter 74 of the
   52  laws of 2007, is amended to read as follows:
   53  S 230.07 Patronizing a [prostitute] PERSON FOR PROSTITUTION; defense.
   54    In any prosecution for patronizing a [prostitute] PERSON FOR PROSTITU-
   55  TION in the first or second degrees OR PATRONIZING A PERSON FOR  PROSTI-
   56  TUTION IN A SCHOOL ZONE, it is a defense that the defendant did not have
       A. 2240--D                          9

    1  reasonable  grounds  to  believe  that  the person was less than the age
    2  specified.
    3    S  16. The penal law is amended by adding a new section 230.08 to read
    4  as follows:
    5  S 230.08 PATRONIZING A PERSON FOR PROSTITUTION IN A SCHOOL ZONE.
    6    1. A PERSON IS GUILTY OF PATRONIZING A PERSON FOR  PROSTITUTION  IN  A
    7  SCHOOL  ZONE WHEN, BEING TWENTY-ONE YEARS OLD OR MORE, HE OR SHE PATRON-
    8  IZES A PERSON FOR PROSTITUTION AND THE PERSON PATRONIZED  IS  LESS  THAN
    9  EIGHTEEN YEARS OLD AT A PLACE THAT HE OR SHE KNOWS, OR REASONABLY SHOULD
   10  KNOW, IS IN A SCHOOL ZONE.
   11    2.  FOR  PURPOSES  OF  THIS  SECTION, "SCHOOL ZONE" SHALL MEAN "SCHOOL
   12  ZONE" AS DEFINED IN SUBDIVISION TWO OF SECTION 230.03 OF THIS ARTICLE.
   13    PATRONIZING A PERSON FOR PROSTITUTION IN A SCHOOL ZONE IS  A  CLASS  E
   14  FELONY.
   15    S  17. The section heading and the opening paragraph of section 230.10
   16  of the penal law are amended to read as follows:
   17    Prostitution and patronizing a [prostitute] PERSON  FOR  PROSTITUTION;
   18  no defense.
   19    In  any  prosecution  for  prostitution  or patronizing a [prostitute]
   20  PERSON FOR PROSTITUTION, the sex  of  the  two  parties  or  prospective
   21  parties  to  the sexual conduct engaged in, contemplated or solicited is
   22  immaterial, and it is no defense that:
   23    S 18. The penal law is amended by adding three  new  sections  230.11,
   24  230.12 and 230.13 to read as follows:
   25  S 230.11 AGGRAVATED  PATRONIZING  A  MINOR FOR PROSTITUTION IN THE THIRD
   26             DEGREE.
   27    A PERSON IS GUILTY OF AGGRAVATED PATRONIZING A MINOR FOR  PROSTITUTION
   28  IN  THE THIRD DEGREE WHEN, BEING TWENTY-ONE YEARS OLD OR MORE, HE OR SHE
   29  PATRONIZES A PERSON FOR PROSTITUTION AND THE PERSON PATRONIZED  IS  LESS
   30  THAN SEVENTEEN YEARS OLD AND THE PERSON GUILTY OF PATRONIZING ENGAGES IN
   31  SEXUAL  INTERCOURSE, ORAL SEXUAL CONDUCT, ANAL SEXUAL CONDUCT, OR AGGRA-
   32  VATED SEXUAL CONDUCT AS THOSE TERMS ARE DEFINED  IN  SECTION  130.00  OF
   33  THIS PART, WITH THE PERSON PATRONIZED.
   34    AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE THIRD DEGREE IS
   35  A CLASS E FELONY.
   36  S 230.12 AGGRAVATED  PATRONIZING  A MINOR FOR PROSTITUTION IN THE SECOND
   37             DEGREE.
   38    A PERSON IS GUILTY OF AGGRAVATED PATRONIZING A MINOR FOR  PROSTITUTION
   39  IN  THE  SECOND DEGREE WHEN, BEING EIGHTEEN YEARS OLD OR MORE, HE OR SHE
   40  PATRONIZES A PERSON FOR PROSTITUTION AND THE PERSON PATRONIZED  IS  LESS
   41  THAN  FIFTEEN  YEARS OLD AND THE PERSON GUILTY OF PATRONIZING ENGAGES IN
   42  SEXUAL INTERCOURSE, ORAL SEXUAL CONDUCT, ANAL SEXUAL CONDUCT, OR  AGGRA-
   43  VATED  SEXUAL  CONDUCT  AS  THOSE TERMS ARE DEFINED IN SECTION 130.00 OF
   44  THIS PART, WITH THE PERSON PATRONIZED.
   45    AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE  SECOND  DEGREE
   46  IS A CLASS D FELONY.
   47  S 230.13 AGGRAVATED  PATRONIZING  A  MINOR FOR PROSTITUTION IN THE FIRST
   48             DEGREE.
   49    A PERSON IS GUILTY OF AGGRAVATED PATRONIZING A MINOR FOR  PROSTITUTION
   50  IN  THE FIRST DEGREE WHEN HE OR SHE PATRONIZES A PERSON FOR PROSTITUTION
   51  AND THE PERSON PATRONIZED IS LESS THAN ELEVEN YEARS OLD, OR BEING  EIGH-
   52  TEEN  YEARS  OLD OR MORE, HE OR SHE PATRONIZES A PERSON FOR PROSTITUTION
   53  AND THE PERSON PATRONIZED IS LESS  THAN  THIRTEEN  YEARS  OLD,  AND  THE
   54  PERSON  GUILTY OF PATRONIZING ENGAGES IN SEXUAL INTERCOURSE, ORAL SEXUAL
   55  CONDUCT, ANAL SEXUAL CONDUCT, OR  AGGRAVATED  SEXUAL  CONDUCT  AS  THOSE
       A. 2240--D                         10

    1  TERMS  ARE  DEFINED  IN  SECTION  130.00  OF  THIS PART, WITH THE PERSON
    2  PATRONIZED.
    3    AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE FIRST DEGREE IS
    4  A CLASS B FELONY.
    5    S  19.  Subdivisions  1  and  2 of section 230.15 of the penal law are
    6  amended to read as follows:
    7    1. "Advance prostitution."  A  person  "advances  prostitution"  when,
    8  acting  other  than  as  a  [prostitute]  PERSON IN PROSTITUTION or as a
    9  patron thereof, he OR SHE knowingly causes or aids a person to commit or
   10  engage in prostitution, procures or solicits patrons  for  prostitution,
   11  provides  persons  or  premises  for  prostitution purposes, operates or
   12  assists in the operation of a house of prostitution  or  a  prostitution
   13  enterprise,  or  engages in any other conduct designed to institute, aid
   14  or facilitate an act or enterprise of prostitution.
   15    2. "Profit from prostitution." A person  "profits  from  prostitution"
   16  when, acting other than as a [prostitute] PERSON IN PROSTITUTION receiv-
   17  ing  compensation  for  personally rendered prostitution services, he OR
   18  SHE accepts or receives money or other property pursuant to an agreement
   19  or understanding with any person whereby he OR SHE participates or is to
   20  participate in the proceeds of prostitution activity.
   21    S 20. Subdivision 1 of section 230.19 of the penal law,  as  added  by
   22  chapter 191 of the laws of 2011, is amended to read as follows:
   23    1. A person is guilty of promoting prostitution in a school zone when,
   24  being  nineteen  years [of age] OLD or [older] MORE, he or she knowingly
   25  advances or profits from prostitution that he or she knows or reasonably
   26  should know is or will be committed in violation of  section  230.03  of
   27  this  article  in  a  school  zone  during  the  hours that school is in
   28  session.
   29    S 21. The opening paragraph and subdivision 1 of section 230.25 of the
   30  penal law, the opening paragraph as amended by chapter 627 of  the  laws
   31  of  1978 and subdivision 1 as amended by chapter 74 of the laws of 2007,
   32  are amended to read as follows:
   33    A person is guilty of promoting prostitution in the third degree  when
   34  he OR SHE knowingly:
   35    1.  Advances  or  profits  from prostitution by managing, supervising,
   36  controlling or owning, either alone or in  association  with  others,  a
   37  house of prostitution or a prostitution business or enterprise involving
   38  prostitution  activity by two or more [prostitutes] PERSONS IN PROSTITU-
   39  TION, or a business that sells travel-related services knowing that such
   40  services include or are intended to facilitate travel for the purpose of
   41  patronizing a [prostitute]  PERSON  FOR  PROSTITUTION,  including  to  a
   42  foreign  jurisdiction  and regardless of the legality of prostitution in
   43  said foreign jurisdiction; or
   44    S 22. Section 230.30 of the penal law, as amended by  chapter  627  of
   45  the laws of 1978, is amended to read as follows:
   46  S 230.30 Promoting prostitution in the second degree.
   47    A person is guilty of promoting prostitution in the second degree when
   48  he OR SHE knowingly:
   49    1.  Advances  prostitution  by  compelling a person by force or intim-
   50  idation to engage in prostitution, or profits from such coercive conduct
   51  by another; or
   52    2. Advances or  profits  from  prostitution  of  a  person  less  than
   53  [sixteen] EIGHTEEN years old.
   54    Promoting prostitution in the second degree is a class C felony.
       A. 2240--D                         11

    1    S  23. The first undesignated paragraph of section 230.32 of the penal
    2  law, as added by chapter 627 of the laws of 1978, is amended to read  as
    3  follows:
    4    A  person is guilty of promoting prostitution in the first degree when
    5  he OR SHE:
    6    1. knowingly advances or profits from prostitution of  a  person  less
    7  than [eleven] THIRTEEN years old; OR
    8    2. BEING TWENTY-ONE YEARS OLD OR MORE, HE OR SHE KNOWINGLY ADVANCES OR
    9  PROFITS FROM PROSTITUTION OF A PERSON LESS THAN FIFTEEN YEARS OLD.
   10    S  24. Section 230.33 of the penal law, as added by chapter 450 of the
   11  laws of 2005, is amended to read as follows:
   12  S 230.33 Compelling prostitution.
   13    A person is guilty of compelling prostitution when, being [twenty-one]
   14  EIGHTEEN years [of age or older]  OLD  OR  MORE,  he  or  she  knowingly
   15  advances  prostitution  by compelling a person less than [sixteen] EIGH-
   16  TEEN years old, by force or intimidation, to engage in prostitution.
   17    Compelling prostitution is a class B felony.
   18    S 25. Section 230.35 of the penal law, as amended by  chapter  450  of
   19  the laws of 2005, is amended to read as follows:
   20  S 230.35 Promoting or compelling prostitution; accomplice.
   21    In  a  prosecution  for promoting prostitution or compelling prostitu-
   22  tion, a person less than [seventeen] EIGHTEEN years [of  age]  OLD  from
   23  whose  prostitution  activity another person is alleged to have advanced
   24  or attempted to advance or profited or attempted to profit shall not  be
   25  deemed to be an accomplice.
   26    S  26. The first undesignated paragraph of section 230.40 of the penal
   27  law is amended to read as follows:
   28    A person is guilty of permitting prostitution when, having  possession
   29  or  control  of premises OR VEHICLE which he OR SHE knows are being used
   30  for prostitution purposes OR FOR THE PURPOSE OF ADVANCING  PROSTITUTION,
   31  he OR SHE fails to make reasonable effort to halt or abate such use.
   32    S  27.  Subdivision  2 of section 240.37 of the penal law, as added by
   33  chapter 344 of the laws of 1976, is amended, and subdivision 3 is renum-
   34  bered subdivision 4 and a new subdivision 3 is added to read as follows:
   35    2. 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  prostitution[,  or  of  patronizing  a prostitute as those terms are] AS
   41  THAT TERM IS defined in article two hundred thirty of  [the  penal  law]
   42  THIS  PART,  shall  be  guilty of a violation and is guilty of a class B
   43  misdemeanor if such person has previously been convicted of a  violation
   44  of  this  section  or  of  [sections] SECTION 230.00 [or 230.05] of [the
   45  penal law] THIS PART.
   46    3. ANY PERSON WHO REMAINS OR WANDERS  ABOUT  IN  A  PUBLIC  PLACE  AND
   47  REPEATEDLY  BECKONS  TO,  OR REPEATEDLY STOPS, OR REPEATEDLY ATTEMPTS TO
   48  STOP, OR REPEATEDLY ATTEMPTS TO ENGAGE PASSERS-BY  IN  CONVERSATION,  OR
   49  REPEATEDLY  STOPS  OR  ATTEMPTS  TO  STOP  MOTOR VEHICLES, OR REPEATEDLY
   50  INTERFERES WITH THE FREE PASSAGE OF OTHER PERSONS, FOR  THE  PURPOSE  OF
   51  PATRONIZING  A  PERSON  FOR PROSTITUTION AS DEFINED IN SECTION 230.02 OF
   52  THIS PART, SHALL BE GUILTY OF A VIOLATION AND IS GUILTY  OF  A  CLASS  B
   53  MISDEMEANOR  IF SUCH PERSON HAS PREVIOUSLY BEEN CONVICTED OF A VIOLATION
   54  OF THIS SECTION OR OF SECTION 230.04, 230.05, 230.06 OR 230.08  OF  THIS
   55  PART.
       A. 2240--D                         12

    1    S  28.  Subdivision 6 of section 380.50 of the criminal procedure law,
    2  as amended by chapter 320 of the laws of 2006, is  amended  to  read  as
    3  follows:
    4    6.  Regardless of whether the victim requests to make a statement with
    5  regard to the defendant's sentence, where the defendant is sentenced for
    6  a violent felony offense as defined in section 70.02 of the penal law or
    7  a felony defined in article one hundred twenty-five of such law  or  any
    8  of the following provisions of such law sections 130.25, 130.30, 130.40,
    9  130.45, 255.25, 255.26, 255.27, article two hundred sixty-three, 135.10,
   10  135.25,  230.05,  230.06,  230.11,  230.12,  230.13,  subdivision two of
   11  section 230.30 or 230.32, the prosecutor shall, within sixty days of the
   12  imposition of sentence, provide the victim with  a  form  on  which  the
   13  victim  may  indicate  a demand to be informed of any petition to change
   14  the name of such defendant.   Such forms shall  be  maintained  by  such
   15  prosecutor. Upon receipt of a notice of a petition to change the name of
   16  any  such defendant, pursuant to subdivision two of section sixty-two of
   17  the civil rights law, the prosecutor shall promptly notify the victim at
   18  the most current address or telephone number provided by such victim  in
   19  the  most reasonable and expedient possible manner of the time and place
   20  such petition will be presented to the court.
   21    S 29. Paragraph (i) of subdivision 1 of section 440.10 of the criminal
   22  procedure law, as added by chapter 332 of the laws of 2010,  is  amended
   23  to read as follows:
   24    (i)  The judgment is a conviction where the arresting charge was under
   25  section 240.37 (loitering for the purpose of engaging in a  prostitution
   26  offense, provided that the defendant was not alleged to be loitering for
   27  the  purpose  of  patronizing  a [prostitute] PERSON FOR PROSTITUTION or
   28  promoting prostitution) or 230.00 (prostitution) OR 230.03 (PROSTITUTION
   29  IN A SCHOOL ZONE) of the penal law, and the defendant's participation in
   30  the offense was a result of having been  a  victim  of  sex  trafficking
   31  under  section  230.34 of the penal law, LABOR TRAFFICKING UNDER SECTION
   32  135.35 OF THE PENAL LAW,  AGGRAVATED  LABOR  TRAFFICKING  UNDER  SECTION
   33  135.37 OF THE PENAL LAW, COMPELLING PROSTITUTION UNDER SECTION 230.33 OF
   34  THE  PENAL  LAW, or trafficking in persons under the Trafficking Victims
   35  Protection Act (United States Code, title 22, chapter 78); provided that
   36    (i) a motion under this paragraph shall be made  with  due  diligence,
   37  after  the  defendant  has  ceased to be a victim of such trafficking OR
   38  COMPELLING PROSTITUTION CRIME or has sought services for victims of such
   39  trafficking OR COMPELLING  PROSTITUTION  CRIME,  subject  to  reasonable
   40  concerns  for the safety of the defendant, family members of the defend-
   41  ant, or other victims of such  trafficking  OR  COMPELLING  PROSTITUTION
   42  CRIME  that  may  be  jeopardized by the bringing of such motion, or for
   43  other reasons consistent with the purpose of this paragraph; and
   44    (ii) official documentation of the defendant's status as a  victim  of
   45  [sex]  trafficking, COMPELLING PROSTITUTION or trafficking in persons at
   46  the time of the offense from a federal, state or local government agency
   47  shall create a presumption that the  defendant's  participation  in  the
   48  offense was a result of having been a victim of sex trafficking, COMPEL-
   49  LING  PROSTITUTION  or trafficking in persons, but shall not be required
   50  for granting a motion under this paragraph.
   51    S 30. Section 483-bb of the social services law is amended by adding a
   52  new subdivision (c) to read as follows:
   53    (C) AN INDIVIDUAL WHO IS A VICTIM OF THE CONDUCT PROHIBITED BY SECTION
   54  230.33, 230.34, 135.35 OR 135.37 OF THE PENAL  LAW  MAY  BRING  A  CIVIL
   55  ACTION  AGAINST THE PERPETRATOR OR WHOEVER KNOWINGLY ADVANCES OR PROFITS
   56  FROM, OR WHOEVER SHOULD HAVE KNOWN HE OR SHE WAS ADVANCING OR  PROFITING
       A. 2240--D                         13

    1  FROM, AN ACT IN VIOLATION OF SECTION 230.33, 230.34, 135.35 OR 135.37 OF
    2  THE PENAL LAW TO RECOVER DAMAGES AND REASONABLE ATTORNEY'S FEES.
    3    S  31.  Section  212 of the civil practice law and rules is amended by
    4  adding a new subdivision (e) to read as follows:
    5    (E) BY A VICTIM OF SEX TRAFFICKING, COMPELLING PROSTITUTION, OR  LABOR
    6  TRAFFICKING.  AN ACTION BY A VICTIM OF SEX TRAFFICKING, COMPELLING PROS-
    7  TITUTION, LABOR TRAFFICKING OR  AGGRAVATED  LABOR  TRAFFICKING,  BROUGHT
    8  PURSUANT  TO  SUBDIVISION (C) OF SECTION FOUR HUNDRED EIGHTY-THREE-BB OF
    9  THE SOCIAL SERVICES LAW, MAY BE COMMENCED WITHIN TEN  YEARS  AFTER  SUCH
   10  VICTIMIZATION  OCCURS PROVIDED, HOWEVER, THAT SUCH TEN YEAR PERIOD SHALL
   11  NOT BEGIN TO RUN AND SHALL BE TOLLED DURING  ANY  PERIOD  IN  WHICH  THE
   12  VICTIM IS OR REMAINS SUBJECT TO SUCH CONDUCT.
   13    S 32. Subdivision (a) of section 483-cc of the social services law, as
   14  added by chapter 74 of the laws of 2007, is amended to read as follows:
   15    (a)  As  soon as practicable after a first encounter with a person who
   16  reasonably appears to a law enforcement agency [or a],  district  attor-
   17  ney's  office,  OR  AN  ESTABLISHED PROVIDER OF SOCIAL OR LEGAL SERVICES
   18  DESIGNATED BY THE OFFICE OF TEMPORARY  AND  DISABILITY  ASSISTANCE,  THE
   19  OFFICE  FOR  THE PREVENTION OF DOMESTIC VIOLENCE OR THE OFFICE OF VICTIM
   20  SERVICES to be a human trafficking victim, that [agency or] LAW ENFORCE-
   21  MENT AGENCY OR DISTRICT ATTORNEY'S office shall  notify  the  office  of
   22  temporary and disability assistance and the division of criminal justice
   23  services  that such person may be eligible for services under this arti-
   24  cle OR, IN THE CASE OF  AN  ESTABLISHED  PROVIDER  OF  SOCIAL  OR  LEGAL
   25  SERVICES, SHALL NOTIFY THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE
   26  AND THE DIVISION OF CRIMINAL JUSTICE SERVICES IF SUCH VICTIM CONSENTS TO
   27  SEEKING SERVICES PURSUANT TO THIS ARTICLE.
   28    S 33. Section 14 of chapter 74 of the laws of 2007, amending the penal
   29  law, the criminal procedure law, the correction law, the social services
   30  law,  and the executive law relating to human trafficking, as amended by
   31  chapter 24 of the laws of 2011, is amended to read as follows:
   32    S 14.   This act shall take effect  on  the  first  of  November  next
   33  succeeding  the  date on which it shall have become a law; provided that
   34  section 483-ee of the social services law, as added by section eleven of
   35  this act, shall take effect immediately and shall remain in  full  force
   36  and  effect  until  September  1,  [2013]  2018  when upon such date the
   37  provisions  of  such  section  shall  expire  and  be  deemed  repealed.
   38  Provided,  effective  immediately, the addition, amendment and/or repeal
   39  of any rule or regulation necessary for the timely implementation of the
   40  provisions of article 10-D of the  social  services  law,  as  added  by
   41  section  eleven  of this act, on its effective date are authorized to be
   42  made on or before such effective date.
   43    S 34. Subdivision (p) of section 10.03 of the mental hygiene  law,  as
   44  added by chapter 7 of the laws of 2007, is amended to read as follows:
   45    (p)  "Sex  offense"  means an act or acts constituting: (1) any felony
   46  defined in article one hundred thirty of  the  penal  law,  including  a
   47  sexually  motivated  felony;  (2)  patronizing a [prostitute] PERSON FOR
   48  PROSTITUTION in the first degree as defined in  section  230.06  of  the
   49  penal  law, AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE FIRST
   50  DEGREE AS DEFINED IN SECTION 230.13 OF THE PENAL LAW, AGGRAVATED PATRON-
   51  IZING A MINOR FOR PROSTITUTION  IN  THE  SECOND  DEGREE  AS  DEFINED  IN
   52  SECTION  230.12  OF  THE  PENAL  LAW, AGGRAVATED PATRONIZING A MINOR FOR
   53  PROSTITUTION IN THE THIRD DEGREE AS DEFINED IN  SECTION  230.11  OF  THE
   54  PENAL  LAW,  incest in the second degree as defined in section 255.26 of
   55  the penal law, or incest in the  first  degree  as  defined  in  section
   56  255.27  of  the  penal law; (3) a felony attempt or conspiracy to commit
       A. 2240--D                         14

    1  any of the foregoing offenses set forth in this subdivision;  or  (4)  a
    2  designated  felony,  as  defined  in subdivision (f) of this section, if
    3  sexually motivated and committed prior to the  effective  date  of  this
    4  article.
    5    S  35.  Subparagraph  (i) of paragraph (a) of subdivision 2 of section
    6  168-a of the correction law, as amended by chapter 405 of  the  laws  of
    7  2008, is amended to read as follows:
    8    (i)  a  conviction  of or a conviction for an attempt to commit any of
    9  the provisions of  sections  120.70,  130.20,  130.25,  130.30,  130.40,
   10  130.45, 130.60, 230.34, 250.50, 255.25, 255.26 and 255.27 or article two
   11  hundred  sixty-three of the penal law, or section 135.05, 135.10, 135.20
   12  or 135.25 of such law relating  to  kidnapping  offenses,  provided  the
   13  victim  of  such  kidnapping  or  related offense is less than seventeen
   14  years old and the offender is not the parent of the victim,  or  section
   15  230.04, where the person patronized is in fact less than seventeen years
   16  of  age,  230.05  [or], 230.06, [or] 230.11, 230.12, 230.13, subdivision
   17  two of section 230.30, [or] section 230.32 [or], 230.33,  OR  230.34  of
   18  the penal law, OR SECTION 230.25 OF THE PENAL LAW WHERE THE PERSON PROS-
   19  TITUTED IS IN FACT LESS THAN SEVENTEEN YEARS OLD, or
   20    S  36.  Paragraph  (b)  of  subdivision  1  of  section  168-d  of the
   21  correction law, as amended by chapter 74 of the laws of 2007, is amended
   22  to read as follows:
   23    (b) Where a defendant stands convicted of an offense defined in  para-
   24  graph  (b)  of  subdivision  two of section one hundred sixty-eight-a of
   25  this article or where the  defendant  was  convicted  of  patronizing  a
   26  [prostitute]  PERSON  FOR PROSTITUTION in the third degree under section
   27  230.04 of the penal law and the defendant controverts an allegation that
   28  the victim of such offense was less than eighteen years of  age  or,  in
   29  the  case  of  a  conviction under section 230.04 of the penal law, less
   30  than seventeen years of age, the court, without a jury, shall, prior  to
   31  sentencing,  conduct  a  hearing,  and the people may prove by clear and
   32  convincing evidence that the victim was less  than  eighteen  years  [of
   33  age]  OLD  or  less than seventeen years [of age] OLD, as applicable, by
   34  any evidence admissible under the rules applicable to  a  trial  of  the
   35  issue  of  guilt.  The court in addition to such admissible evidence may
   36  also consider  reliable  hearsay  evidence  submitted  by  either  party
   37  provided  that  it  is  relevant  to the determination of the age of the
   38  victim. Facts concerning the age of the victim proven at trial or ascer-
   39  tained at the time of entry of a plea of guilty shall be  deemed  estab-
   40  lished by clear and convincing evidence and shall not be relitigated. At
   41  the  conclusion  of the hearing, or if the defendant does not controvert
   42  an allegation that the victim of the  offense  was  less  than  eighteen
   43  years  [of age] OLD or less than seventeen years [of age] OLD, as appli-
   44  cable, the court must make a finding and enter an  order  setting  forth
   45  the  age  of  the  victim.  If  the  court finds that the victim of such
   46  offense was under eighteen years [of age] OLD or under  seventeen  years
   47  [of  age] OLD, as applicable, the court shall certify the defendant as a
   48  sex offender, the provisions of paragraph (a) of this subdivision  shall
   49  apply  and  the defendant shall register with the division in accordance
   50  with the provisions of this article.
   51    S 37. Paragraph (c) of subdivision 4 of section 509-cc of the  vehicle
   52  and  traffic  law,  as  amended  by  chapter 400 of the laws of 2011, is
   53  amended to read as follows:
   54    (c) The offenses referred to in subparagraph (i) of paragraph  (b)  of
   55  subdivision one and subparagraph (i) of paragraph (c) of subdivision two
   56  of  this  section  that  result in disqualification for a period of five
       A. 2240--D                         15

    1  years shall include a conviction under sections 100.10, 105.13,  115.05,
    2  120.03,  120.04,  120.04-a,  120.05,  120.10,  120.25,  121.12,  121.13,
    3  125.40, 125.45, 130.20, 130.25, 130.52, 130.55, 135.10, 135.55,  140.17,
    4  140.25,  140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06, 220.09,
    5  220.16, 220.31, 220.34, 220.60, 220.65, 221.30, 221.50, 221.55,  230.00,
    6  230.05,  230.06, 230.11, 230.12, 230.13, 230.19, 230.20, 235.05, 235.06,
    7  235.07, 235.21, 240.06,  245.00,  260.10,  subdivision  two  of  section
    8  260.20  and  sections  260.25,  265.02,  265.03, 265.08, 265.09, 265.10,
    9  265.12, 265.35 of the penal law or an attempt to commit any of the afor-
   10  esaid offenses under section 110.00 of the penal  law,  or  any  similar
   11  offenses  committed  under  a  former  section  of the penal law, or any
   12  offenses committed under a former section of the penal law  which  would
   13  constitute violations of the aforesaid sections of the penal law, or any
   14  offenses  committed outside this state which would constitute violations
   15  of the aforesaid sections of the penal law.
   16    S 38. The vehicle and traffic law is amended by adding a  new  section
   17  510-d to read as follows:
   18    S  510-D. SUSPENSION AND REVOCATION OF CLASS E DRIVER'S LICENSES. 1. A
   19  CLASS E DRIVER'S LICENSE SHALL BE SUSPENDED BY THE  COMMISSIONER  FOR  A
   20  PERIOD  OF  ONE  YEAR  WHERE  THE  HOLDER IS CONVICTED OF A VIOLATION OF
   21  SECTION 230.20, 230.25, 230.30, 230.32, 230.34 OR 230.40  OF  THE  PENAL
   22  LAW AND THE HOLDER USED A FOR HIRE MOTOR VEHICLE TO COMMIT SUCH CRIME.
   23    2.  A CLASS E DRIVER'S LICENSE MAY BE REVOKED BY THE COMMISSIONER WHEN
   24  THE HOLDER, WHO HAD HIS OR HER DRIVER'S LICENSE SUSPENDED UNDER SUBDIVI-
   25  SION ONE OF THIS SECTION WITHIN THE LAST TEN YEARS, IS  CONVICTED  OF  A
   26  SECOND  VIOLATION  OF  SECTION 230.20, 230.25, 230.30, 230.32, 230.34 OR
   27  230.40 OF THE PENAL LAW AND THE HOLDER USED A FOR HIRE MOTOR VEHICLE  TO
   28  COMMIT SUCH CRIME.
   29    3.  ANY  REVOCATION OR SUSPENSION OF A CLASS E DRIVER'S LICENSE ISSUED
   30  PURSUANT TO THIS ARTICLE SHALL BE APPLICABLE ONLY TO THAT PORTION OF THE
   31  HOLDER'S DRIVER'S LICENSE OR PRIVILEGE WHICH PERMITS THE OPERATION OF  A
   32  MOTOR  VEHICLE  TRANSPORTING  PASSENGERS  FOR HIRE, AND THE COMMISSIONER
   33  SHALL IMMEDIATELY ISSUE  A  LICENSE,  OTHER  THAN  A  CLASS  E  DRIVER'S
   34  LICENSE, TO SUCH PERSON, PROVIDED THAT SUCH PERSON IS OTHERWISE ELIGIBLE
   35  TO  RECEIVE  SUCH LICENSE AND FURTHER PROVIDED THAT ISSUING A LICENSE TO
   36  SUCH PERSON DOES NOT CREATE A SUBSTANTIAL TRAFFIC SAFETY HAZARD.
   37    4. THE PROVISIONS OF THIS SECTION SHALL NOT BE  CONSTRUED  TO  PREVENT
   38  ANY PERSON WHO HAS THE AUTHORITY TO SUSPEND OR REVOKE A LICENSE TO DRIVE
   39  OR  PRIVILEGE  OF OPERATING PURSUANT TO SECTION FIVE HUNDRED TEN OF THIS
   40  ARTICLE FROM EXERCISING ANY SUCH AUTHORITY.
   41    S 39. Section 2324-a of the public health law, as amended  by  chapter
   42  260 of the laws of 1978, is amended to read as follows:
   43    S  2324-a.  Presumptive evidence.  For the purposes of this title, two
   44  or more convictions of any person or persons had, within a period of one
   45  year, for any of the  offenses  described  in  section  230.00,  230.05,
   46  230.06,  230.08,  230.11, 230.12, 230.13, 230.20, 230.25 [or], 230.30 OR
   47  230.32 of the penal law arising out of conduct engaged in  at  the  same
   48  real property consisting of a dwelling as that term is defined in subdi-
   49  vision  four  of  section  four  of  the  multiple dwelling law shall be
   50  presumptive evidence of conduct constituting use  of  the  premises  for
   51  purposes of prostitution.
   52    S  40.  Subdivision  2 of section 715 of the real property actions and
   53  proceedings law, as added by chapter 494 of the laws of 1976, is amended
   54  to read as follows:
   55    2. For purposes of this section, two or more convictions of any person
   56  or persons had, within a period of one year, for  any  of  the  offenses
       A. 2240--D                         16

    1  described  in  section  230.00,  230.05, 230.06, 230.11, 230.12, 230.13,
    2  230.20, 230.25, 230.30, 230.32 or 230.40 of the penal law arising out of
    3  conduct engaged in at the same real property consisting of a dwelling as
    4  that term is defined in subdivision four of section four of the multiple
    5  dwelling  law  shall be presumptive evidence of conduct constituting use
    6  of the premises for purposes of prostitution.
    7    S 41. Subdivision 3 of section  231  of  the  real  property  law,  as
    8  amended  by  chapter  203  of  the  laws  of 1980, is amended to read as
    9  follows:
   10    3. For the purposes of this section, two or more  convictions  of  any
   11  person  or  persons  had,  within  a  period of one year, for any of the
   12  offenses described in section 230.00, 230.05,  230.06,  230.11,  230.12,
   13  230.13,  230.20, 230.25, 230.30, 230.32 or 230.40 of the penal law aris-
   14  ing out of conduct engaged in at  the  same  premises  consisting  of  a
   15  dwelling  as that term is defined in subdivision four of section four of
   16  the multiple dwelling law shall be presumptive evidence of unlawful  use
   17  of such premises and of the owners knowledge of the same.
   18    S  42. Subdivision 3 of section 840 of the executive law is amended by
   19  adding a new paragraph (f-1) to read as follows:
   20    (F-1) DEVELOP, MAINTAIN AND  DISSEMINATE,  IN  CONSULTATION  WITH  THE
   21  OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE AND THE DIVISION OF CRIMI-
   22  NAL  JUSTICE  SERVICES,  WRITTEN POLICIES AND PROCEDURES REGARDING HUMAN
   23  TRAFFICKING VICTIMS. SUCH POLICIES AND PROCEDURES SHALL INCLUDE, BUT NOT
   24  BE LIMITED TO THE FOLLOWING: (1) THE IDENTIFICATION OF POTENTIAL VICTIMS
   25  OF  HUMAN  TRAFFICKING,  AS   DEFINED   UNDER   SECTION   FOUR   HUNDRED
   26  EIGHTY-THREE-AA  OF  THE SOCIAL SERVICES LAW; AND (2) INFORMATION AND/OR
   27  REFERRAL TO APPROPRIATE SOCIAL AND LEGAL SERVICES FOR VICTIMS  OF  HUMAN
   28  TRAFFICKING  IN  ACCORDANCE WITH SECTION FOUR HUNDRED EIGHTY-THREE-BB OF
   29  THE SOCIAL SERVICES LAW;
   30    S 43. The executive law is amended by adding a new  section  214-d  to
   31  read as follows:
   32    S 214-D. HUMAN TRAFFICKING AWARENESS. THE SUPERINTENDENT, IN CONSULTA-
   33  TION  WITH  THE  OFFICE  OF  TEMPORARY AND DISABILITY ASSISTANCE AND THE
   34  DIVISION OF CRIMINAL JUSTICE SERVICES, SHALL: (1) DEVELOP, MAINTAIN  AND
   35  DISSEMINATE TO ALL MEMBERS OF THE STATE POLICE, INCLUDING NEW AND VETER-
   36  AN  OFFICERS,  WRITTEN  POLICIES,  PROCEDURES  AND EDUCATIONAL MATERIALS
   37  RELATING TO HUMAN TRAFFICKING VICTIMS, INCLUDING SERVICES AVAILABLE  FOR
   38  VICTIMS  OF  HUMAN  TRAFFICKING,  AS  REFERENCED IN SECTION FOUR HUNDRED
   39  EIGHTY-THREE-BB OF THE SOCIAL SERVICES LAW; AND (2) ESTABLISH AND IMPLE-
   40  MENT WRITTEN PROCEDURES AND POLICIES IN THE EVENT A MEMBER OF THE  DIVI-
   41  SION OF STATE POLICE ENCOUNTERS AN INDIVIDUAL BELIEVED TO BE A VICTIM OF
   42  HUMAN  TRAFFICKING,  WHICH  SHALL  INCLUDE,  BUT  NOT BE LIMITED TO, THE
   43  PROVISION OF INFORMATION AND/OR REFERRAL TO AN APPROPRIATE  PROVIDER  OF
   44  SOCIAL  AND  LEGAL  SERVICES TO HUMAN TRAFFICKING VICTIMS, IN ACCORDANCE
   45  WITH SUCH SECTION FOUR HUNDRED EIGHTY-THREE-BB.
   46    S 44. Severability clause. If any clause, sentence, paragraph,  subdi-
   47  vision,  section  or  part  of  this act shall be adjudged by a court of
   48  competent jurisdiction to be invalid, such judgment  shall  not  affect,
   49  impair or invalidate the remainder thereof, but shall be confined in its
   50  operation  to  the  clause, sentence, paragraph, subdivision, section or
   51  part thereof directly involved in the controversy in which such judgment
   52  shall have been rendered. It is hereby declared to be the intent of  the
   53  legislature  that  this act would have been enacted even if such invalid
   54  provisions had not been included herein.
   55    S 45.   Notwithstanding the provisions of article  5  of  the  general
   56  construction  law,  the  provisions  of  section  483-ee  of  the social
       A. 2240--D                         17

    1  services law, as added by chapter 74 of the laws  of  2007,  are  hereby
    2  revived  and  shall continue in full force and effect as such provisions
    3  existed on August 31, 2013.
    4    S  46.  This act shall take effect on the ninetieth day after it shall
    5  have become a law;  provided  however  that  sections  thirty-three  and
    6  forty-five of this act shall take effect immediately.
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