A08070 Summary:

BILL NO    A08070 

SAME AS    No same as 

SPONSOR    Titus (MS)

COSPNSR    Silver, Arroyo, Barrett, Clark, Cook, Duprey, Fahy, Galef, Glick,
           Hooper, Jacobs, Jaffee, Lifton, Lupardo, Markey, Mayer, Millman,
           Nolan, Paulin, Peoples-Stokes, Robinson, Rosenthal, Rozic, Russell,
           Schimel, Simotas, Solages, Weinstein, Abinanti, Aubry, Braunstein,
           Brindisi, Bronson, Buchwald, Cahill, Dinowitz, Englebright, Farrell,
           Gottfried, Hevesi, Kellner, Kim, Lavine, Morelle, Mosley, Moya,
           O'Donnell, Otis, Pretlow, Quart, Steck, Stirpe, Thiele, Titone,
           Weprin, Wright, Zebrowski, Magnarelli, Rodriguez, Perry, Skoufis,
           Ortiz

MLTSPNSR   Brennan

Amd Various Laws, generally

Establishes the "Women's Equality Act"; relates to prohibition of differential
pay because of sex (part A); relates to unlawful discriminatory practices (part
B); provides for attorney's credit discrimination (part C); relates to the
unlawful discriminatory practice because of familial status (part D); relates
to domestic violence victim status and lawful source of income (part E);
relates to the duties of interpreters appointed by the courts in certain cases
(part F); relates to establishing a pilot program for the filing of petitions
for temporary orders of protection by electronic means and for issuance of such
orders ex parte by audio-visual means (part G); relates to prostitution in a
school zone; enacts the trafficking victims protection and justice act (part
H); relates to reasonable accommodation (part I); and relates to access to
reproductive services (part J).
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A08070 Votes:

A08070 06/20/2013 98/47
AbbateYColtonNOGarbariNOKearnsNOMillmanYRiveraYStevensY
AbinantYCookYGibsonYKellnerYMontesaNORobertsYStirpeY
ArroyoYCorwinNOGiglioNOKimYMorelleYRobinsoYSweeneyY
AubryYCrespoNOGjonajERKolbNOMosleyYRodriguYTediscoNO
BarclayNOCrouchYGlickYLalorNOMoyaYRosaYTenneyNO
BarrettYCurranNOGoldfedYLavineYNojayNORosenthYThieleY
BarronYCusickNOGoodellNOLentolYNolanYRozicYTitoneY
BenedetYCymbrowYGottfriYLiftonYOaksNORussellYTitusY
BlankenNODenDekkYGrafNOLopezNOO'DonneYRyanYWalterNO
BorelliNODinowitYGuntherYLupardoYOrtizYSaladinNOWeinsteY
BoylandYDiPietrNOHawleyNOLupinacNOOtisYSantabaYWeisenbY
BraunstYDupreyYHeastieYMageeYPalmesaNOScarborYWeprinY
BrennanYEnglebrYHennessYMagnareYPaulinYSchimelYWrightY
BrindisYEspinalYHevesiYMaiselYPeoplesYSchimmiNOZebrowsY
BronsonYFahyYHikindERMalliotNOPerryYSepulveYMr SpkrY
Brook-KYFarrellYHooperYMarkeyYPretlowYSimanowNO
BuchwalYFinchNOJacobsYMayerYQuartYSimotasY
ButlerNOFitzpatNOJaffeeYMcDonalYRaNOSkartadY
CahillYFriendNOJohnsNOMcDonouNORabbittNOSkoufisY
CamaraYGabryszNOJordanNOMcKevitNORaiaNOSolagesY
CerettoNOGalefYKatzNOMcLaughNORamosYStecNO
ClarkYGanttYKavanagYMillerYReilichNOSteckY

A08070 01/27/2014 88/43
AbbateYCookYGjonajNOLalorNONojayNORosenthYTitoneY
AbinantYCorwinNOGlickYLavineYNolanYRozicYTitusY
ArroyoYCrespoNOGoldfedABLentolYOaksNORussellYWalterNO
AubryYCrouchYGoodellNOLiftonYO'DonneYRyanYWeinsteY
BarclayNOCurranNOGottfriYLopezNOOrtizYSaladinNOWeisenbY
BarrettYCusickNOGrafNOLupardoYOtisYSantabaYWeprinY
BenedetYCymbrowERGuntherYLupinacNOPalmesaNOScarborYWrightY
BlankenNODavilaYHawleyNOMageeYPalumboNOSchimelYZebrowsY
BorelliNODenDekkYHeastieYMagnareYPaulinYSchimmiNOMr SpkrY
BoylandABDinowitYHennessYMalliotERPeoplesYSepulveY
BraunstYDiPietrNOHevesiERMarkeyYPerryYSimanowNO
BrennanYDupreyYHikindERMayerYPichardYSimotasY
BrindisYEnglebrYHooperYMcDonalYPretlowYSkartadY
BronsonYFahyYJacobsYMcDonouNOQuartYSkoufisY
Brook-KYFarrellYJaffeeYMcKevitNORaNOSolagesY
BuchwalYFinchERJohnsNOMcLaughNORaiaNOStecNO
ButlerNOFitzpatNOKatzNOMillerNORamosYSteckY
CahillYFriendNOKavanagYMillmanYRiveraYStirpeY
CamaraYGalefYKearnsNOMontesaNORobertsYSweeneyY
CerettoNOGanttYKellnerABMorelleYRobinsoYTediscoNO
ClarkYGarbariNOKimYMosleyYRodriguERTenneyNO
ColtonNOGiglioERKolbNOMoyaYRosaYThieleY

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A08070 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8070
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 17, 2013
                                       ___________
 
        Introduced  by  M.  of  A.  TITUS, SILVER, BARRETT, BARRON, CLARK, COOK,
          DUPREY, FAHY, GALEF, GLICK, JAFFEE, LIFTON,  LUPARDO,  MARKEY,  MAYER,
          MILLMAN,  NOLAN,  PAULIN,  ROSA,  ROSENTHAL,  ROZIC, RUSSELL, SCHIMEL,
          SIMOTAS, SOLAGES, WEINSTEIN, ABINANTI,  AUBRY,  BRAUNSTEIN,  BRINDISI,
          BRONSON,  BUCHWALD, CAHILL, DINOWITZ, ENGLEBRIGHT, FARRELL, GOTTFRIED,

          HEVESI, KELLNER, KIM, LAVINE, MORELLE, MOSLEY,  MOYA,  OTIS,  PRETLOW,
          QUART, STECK, STIRPE, THIELE, TITONE, WEPRIN, WRIGHT, ZEBROWSKI -- (at
          request of the Governor) -- read once and referred to the Committee on
          Codes
 
        AN ACT to amend the labor law, in relation to the prohibition of differ-
          ential  pay  because  of  sex (Part A); to amend the executive law, in
          relation to unlawful discriminatory practices (Part B); to  amend  the
          executive  law,  in  relation  to  the provision of attorney's fees in
          cases of housing, employment or credit discrimination;  to  amend  the
          executive  law,  in  relation to the awarding of reasonable attorney's
          fees (Part C); to amend the executive law in relation to the  unlawful
          discriminatory  practice because of familial status (Part D); to amend
          the real property law and the real property  actions  and  proceedings

          law,  in  relation to prohibiting discrimination in housing based upon
          domestic violence status and establishing a task force  to  study  the
          impact of source of income on access to housing (Part E); to amend the
          domestic  relations  law, the family court act and the criminal proce-
          dure law, in relation to the scope of orders of protection and  tempo-
          rary  orders of protection (Part F); to amend the family court act and
          the judiciary law, in relation to establishing a pilot program for the
          filing of petitions for temporary orders of protection  by  electronic
          means  and  for issuance of such orders ex parte by audio-visual means
          and to amend the executive law, in relation to review and  reports  by
          the  chief  administrator  of  the courts (Part G); to amend the penal
          law, the criminal procedure law, the social services  law,  the  civil

          practice  law  and  rules, the mental hygiene law, the correction law,
          the vehicle and traffic law, the public health law, the real  property
          actions and proceedings law, and the real property law, in relation to
          enacting  the  "trafficking  victims  protection  and justice act"; to
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12044-01-3

        A. 8070                             2
 
          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 crim-
          inal  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 traffick-
          ing awareness (Part H); to amend the executive  law,  in  relation  to
          reasonable accommodation (Part I); and to amend the public health law,
          in relation to access to reproductive services (Part J)
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. This act shall be known and may be cited  as  the  "Women's
     2  Equality act".
     3    §  2.  This  act enacts into law major components of legislation which
     4  are necessary to implement the "Women's Equality act."   Each  component
     5  is  wholly  contained within a Part identified as Parts A through J. The
     6  effective date for each particular provision contained within such  Part

     7  is  set  forth  in  the  last section of such Part. Any provision in any
     8  section contained within a Part, including the  effective  date  of  the
     9  Part,  which  makes  a  reference to section "of this act", when used in
    10  connection with that particular component, shall be deemed to  mean  and
    11  refer  to  the  corresponding  section of the Part in which it is found.
    12  Section four of this act sets forth the general effective date  of  this
    13  act.
 
    14                                   PART A
 
    15    Section  1. Subdivision 1 of section 194 of the labor law, as added by
    16  chapter 548 of the laws of 1966, is amended and three  new  subdivisions
    17  2, 3 and 4 are added to read as follows:
    18    1.  No  employee  shall be paid a wage at a rate less than the rate at
    19  which an employee of the opposite sex in the same establishment is  paid

    20  for  equal  work on a job the performance of which requires equal skill,
    21  effort and responsibility, and which is performed under similar  working
    22  conditions,  except  where  payment  is  made pursuant to a differential
    23  based on:
    24    a. a seniority system;
    25    b. a merit system;
    26    c. a  system  which  measures  earnings  by  quantity  or  quality  of
    27  production; or
    28    d.  [any  other  factor  other than sex] a bona fide factor other than
    29  sex, such as education, training, or experience.  Such factor: (i) shall
    30  not be based upon or derived from a sex-based  differential  in  compen-
    31  sation  and  (ii)  shall  be job-related with respect to the position in
    32  question and shall be consistent with business necessity. Such exception

    33  under this paragraph shall not apply when the employee demonstrates  (A)
    34  that  an  employer  uses  a particular employment practice that causes a
    35  disparate impact on the basis of sex, (B) that an alternative employment
    36  practice exists that would serve  the  same  business  purpose  and  not
    37  produce  such  differential,  and  (C)  that the employer has refused to
    38  adopt such alternative practice.

        A. 8070                             3
 
     1    2. For the purpose of  subdivision  one  of  this  section,  "business
     2  necessity"  shall be defined as a factor that bears a manifest relation-
     3  ship to the employment in question.
     4    3.  For  the  purposes  of  subdivision one of this section, employees

     5  shall be deemed to work in the same establishment if the employees  work
     6  for  the  same  employer  at workplaces located in the same geographical
     7  region, no larger than a county, taking into account population distrib-
     8  ution, economic activity, and/or the presence of municipalities.
     9    4. (a) No employer shall prohibit an employee  from  inquiring  about,
    10  discussing,  or disclosing the wages of such employee or another employ-
    11  ee.
    12    (b) An employer may, in a written policy provided  to  all  employees,
    13  establish  reasonable  workplace  and  workday  limitations on the time,
    14  place and manner for inquires about, discussion of, or the disclosure of
    15  wages. Such limitations shall be consistent with  standards  promulgated

    16  by  the  commissioner  and  shall be consistent with all other state and
    17  federal laws. Such limitations may include prohibiting an employee  from
    18  discussing  or  disclosing  the  wages  of another employee without such
    19  employee's prior permission.
    20    (c) Nothing in this subdivision shall require an employee to  disclose
    21  his  or her wages.  The failure of an employee to adhere to such reason-
    22  able limitations in such written policy shall be an affirmative  defense
    23  to  any claims made against an employer under this subdivision, provided
    24  that any adverse employment action taken by the employer was for failure
    25  to adhere to such reasonable  limitations  and  not  for  mere  inquiry,

    26  discussion  or  disclosure  of  wages in accordance with such reasonable
    27  limitations in such written policy.
    28    (d) This prohibition shall not apply to instances in which an employee
    29  who has access to the wage information of other employees as a  part  of
    30  such  employee's  essential  job  functions  discloses the wages of such
    31  other employees to individuals who do not otherwise have access to  such
    32  information,  unless  such  disclosure  is in response to a complaint or
    33  charge, or in furtherance of an investigation, proceeding,  hearing,  or
    34  action  under  this chapter, including an investigation conducted by the
    35  employer.
    36    (e) Nothing in this section shall be construed to limit the rights  of

    37  an  employee  provided  under  any  other provision of law or collective
    38  bargaining agreement.
    39    § 2. Subdivision 1-a of section 198 of the labor law,  as  amended  by
    40  chapter 564 of the laws of 2010, is amended to read as follows:
    41    1-a.  On behalf of any employee paid less than the wage to which he or
    42  she is entitled under the provisions of this article,  the  commissioner
    43  may  bring  any legal action necessary, including administrative action,
    44  to collect such claim and as part of such legal action, in  addition  to
    45  any other remedies and penalties otherwise available under this article,
    46  the  commissioner  shall  assess against the employer the full amount of
    47  any such underpayment, and an additional amount as  liquidated  damages,
    48  unless  the  employer  proves  a good faith basis for believing that its

    49  underpayment of wages was in compliance with the law. Liquidated damages
    50  shall be calculated by the commissioner as  no  more  than  one  hundred
    51  percent of the total amount of wages found to be due, except such liqui-
    52  dated  damages may be up to three hundred percent of the total amount of
    53  the wages found to be due for a willful violation of section one hundred
    54  ninety-four of this article. In any action instituted in the courts upon
    55  a wage claim by an employee or the commissioner in  which  the  employee
    56  prevails, the court shall allow such employee to recover the full amount

        A. 8070                             4
 
     1  of  any underpayment, all reasonable attorney's fees, prejudgment inter-
     2  est as required under the civil practice law and rules, and, unless  the

     3  employer  proves  a good faith basis to believe that its underpayment of
     4  wages was in compliance with the law, an additional amount as liquidated
     5  damages  equal  to  one hundred percent of the total amount of the wages
     6  found to be due, except such liquidated  damages  may  be  up  to  three
     7  hundred  percent  of the total amount of the wages found to be due for a
     8  willful violation of section one hundred ninety-four of this article.
     9    § 3. The department of labor and the division of  human  rights  shall
    10  make  training  available  to  assist  employers in developing training,
    11  policies and procedures to address discrimination and harassment in  the
    12  workplace  including,  but  not limited to issues relating to pregnancy,
    13  familial status, pay equity and sexual harassment.  Such training  shall

    14  take  into  account the needs of employers of various sizes. The depart-
    15  ment and division shall make such training available through,  including
    16  but  not  limited to, online means.  In developing such training materi-
    17  als, the department and division shall afford the public an  opportunity
    18  to submit comments on such training.
    19    §  4.  This  act shall take effect on the ninetieth day after it shall
    20  have become a law; provided, however, that  the  commissioner  of  labor
    21  shall  take  actions necessary to provide for the promulgation of stand-
    22  ards pursuant to subdivision 4 of section 194 of the labor law, as added
    23  by section one of this  act,  prior  to  this  act  taking  effect;  and
    24  provided  further, however, that the department of labor and division of
    25  human rights shall take actions necessary to establish training pursuant

    26  to section three of this act prior to this act taking effect.
 
    27                                   PART B
 
    28    Section 1. Subdivision 5 of section  292  of  the  executive  law,  as
    29  amended  by  chapter  481  of  the  laws  of 2010, is amended to read as
    30  follows:
    31    5. The term "employer" does not include any employer with  fewer  than
    32  four  persons  in  his  or her employ except as set forth in section two
    33  hundred ninety-six-b of this [title] article, provided, however, that in
    34  the case of an action for discrimination based on sex pursuant to subdi-
    35  vision one of section two  hundred  ninety-six  of  this  article,  with
    36  respect to sexual harassment only, the term "employer" shall include all
    37  employers within the state.
    38    §  2.  This  act shall take effect on the ninetieth day after it shall

    39  have become a law.
 
    40                                   PART C
 
    41    Section 1. Subdivision 10 of section 297  of  the  executive  law,  as
    42  added  by  section  17  of part D of chapter 405 of the laws of 1999, is
    43  amended to read as follows:
    44    10. With respect to all cases of housing  discrimination  and  housing
    45  related  credit  discrimination [only] in an action or proceeding at law
    46  under this section or section two hundred ninety-eight of this  article,
    47  the  commissioner  or  the  court may in its discretion award reasonable
    48  attorney's fees to any prevailing or substantially prevailing party; and
    49  with respect to a claim of employment or credit discrimination where sex
    50  is a basis of such discrimination, in an action  or  proceeding  at  law

    51  under  this section or section two hundred ninety-eight of this article,
    52  the commissioner or the court may in  its  discretion  award  reasonable

        A. 8070                             5
 
     1  attorney's  fees  attributable  to  such  claim to any prevailing party;
     2  provided, however, that a prevailing respondent or defendant in order to
     3  recover such reasonable attorney's fees must make  a  motion  requesting
     4  such  fees and show that the action or proceeding brought was frivolous;
     5  and further provided that in a proceeding brought  in  the  division  of
     6  human rights, the commissioner may only award attorney's fees as part of
     7  a  final  order after a public hearing held pursuant to subdivision four
     8  of this section. In no case shall attorney's  fees  be  awarded  to  the

     9  division,  nor  shall the division be liable to a prevailing or substan-
    10  tially prevailing party for attorney's fees, except in a case  in  which
    11  the  division  is  a  party to the action or the proceeding in the divi-
    12  sion's capacity as an employer.  In cases of employment  discrimination,
    13  a  respondent shall only be liable for attorney's fees under this subdi-
    14  vision if the respondent has been found liable for having  committed  an
    15  unlawful  discriminatory  practice.  In  order  to  find  the  action or
    16  proceeding to be frivolous, the court or the commissioner must  find  in
    17  writing one or more of the following:
    18    (a)  the  action or proceeding was commenced, used or continued in bad
    19  faith, solely to delay or prolong the resolution of the litigation or to
    20  harass or maliciously injure another; or

    21    (b) the action or proceeding was commenced or continued in  bad  faith
    22  without  any reasonable basis and could not be supported by a good faith
    23  argument for an extension, modification or reversal of existing law.  If
    24  the  action  or  proceeding  was promptly discontinued when the party or
    25  attorney learned or should have learned that the  action  or  proceeding
    26  lacked such a reasonable basis, the court may find that the party or the
    27  attorney did not act in bad faith.
    28    §  2.  Paragraph  c of subdivision 7 of section 296-a of the executive
    29  law, as amended by chapter 632 of the laws of 1976, is amended  to  read
    30  as follows:
    31    c.  If  the  superintendent finds that a violation of this section has
    32  occurred, the superintendent shall issue an order which shall do one  or
    33  more of the following:
    34    (1)  impose a fine in an amount not to exceed ten thousand dollars for

    35  each violation, to be paid to the people of the state of New York;
    36    (2) award  compensatory  damages  to  the  person  aggrieved  by  such
    37  violation;
    38    (3)  for  a  claim of sex discrimination only, award reasonable attor-
    39  ney's fees attributable to such claim to any prevailing party; provided,
    40  however, that a prevailing respondent or defendant in order  to  recover
    41  such  reasonable attorney's fees must make a motion requesting such fees
    42  and show that the action or proceeding brought was frivolous. In no case
    43  shall attorney's fees be  awarded  to  the  department,  nor  shall  the
    44  department be liable to a prevailing party for attorney's fees. In order
    45  to  find  the  action  or proceeding to be frivolous, the superintendent

    46  must find in writing one or more of the following:
    47    (a) the action or proceeding was commenced, used or continued  in  bad
    48  faith, solely to delay or prolong the resolution of the litigation or to
    49  harass or maliciously injure another; or
    50    (b)  the  action or proceeding was commenced or continued in bad faith
    51  without any reasonable basis and could not be supported by a good  faith
    52  argument  for an extension, modification or reversal of existing law. If
    53  the action or proceeding was promptly discontinued  when  the  party  or
    54  attorney  learned  or  should have learned that the action or proceeding
    55  lacked such a reasonable basis, the court may find that the party or the
    56  attorney did not act in bad faith.


        A. 8070                             6
 
     1    (4) require the regulated creditor  to  cease  and  desist  from  such
     2  unlawful discriminatory practices;
     3    [(4)] (5) require the regulated creditor to take such further affirma-
     4  tive  action as will effectuate the purposes of this section, including,
     5  but not limited to, granting the credit which was  the  subject  of  the
     6  complaint.
     7    §  3.  This  act shall take effect on the ninetieth day after it shall
     8  have become a law, and shall apply to actions commenced on or after such
     9  date.
 
    10                                   PART D
 
    11    Section 1. Subdivisions 1 and 1-a of section 296 of the executive law,
    12  as amended by chapter 803 of the laws of 1975, paragraph (a) of subdivi-
    13  sion 1 as amended by chapter 80 of the laws of 2009, paragraphs (b), (c)

    14  and (d) of subdivision 1 as amended by chapter 75 of the laws  of  2005,
    15  paragraph  (e) of subdivision 1 as amended by chapter 166 of the laws of
    16  2000, paragraph (g) of subdivision 1 as added by chapter 98 of the  laws
    17  of 1984 and paragraphs (b), (c) and (d) of subdivision 1-a as amended by
    18  chapter 106 of the laws of 2003, are amended to read as follows:
    19    1. It shall be an unlawful discriminatory practice:
    20    (a)  For  an  employer or licensing agency, because of an individual's
    21  age, race, creed, color, national origin, sexual  orientation,  military
    22  status,  sex, disability, predisposing genetic characteristics, familial
    23  status, marital status, or domestic violence victim status, to refuse to
    24  hire or employ or to bar or to discharge from employment such individual
    25  or to discriminate against such individual in compensation or in  terms,

    26  conditions or privileges of employment.
    27    (b)  For  an  employment agency to discriminate against any individual
    28  because of age, race, creed, color, national origin, sexual orientation,
    29  military status, sex, disability, predisposing genetic  characteristics,
    30  familial status, or marital status, in receiving, classifying, disposing
    31  or  otherwise  acting upon applications for its services or in referring
    32  an applicant or applicants to an employer or employers.
    33    (c) For a labor organization, because of the age, race, creed,  color,
    34  national  origin,  sexual orientation, military status, sex, disability,
    35  predisposing genetic characteristics, familial status, or marital status
    36  of any individual, to exclude or to expel from its membership such indi-
    37  vidual or to discriminate in any way  against  any  of  its  members  or

    38  against any employer or any individual employed by an employer.
    39    (d)  For  any  employer  or employment agency to print or circulate or
    40  cause to be printed or circulated any statement, advertisement or publi-
    41  cation, or to use any form of application for employment or to make  any
    42  inquiry  in  connection  with  prospective  employment,  which expresses
    43  directly or indirectly, any limitation, specification or  discrimination
    44  as  to  age,  race,  creed,  color, national origin, sexual orientation,
    45  military status, sex, disability, predisposing genetic  characteristics,
    46  familial status, or marital status, or any intent to make any such limi-
    47  tation,  specification  or discrimination, unless based upon a bona fide
    48  occupational qualification; provided, however, that neither  this  para-
    49  graph  nor any provision of this chapter or other law shall be construed

    50  to prohibit the department of civil service or the department of person-
    51  nel of any city containing more than one county from requesting informa-
    52  tion from applicants for civil service examinations  concerning  any  of
    53  the  aforementioned  characteristics, other than sexual orientation, for
    54  the purpose of conducting studies to identify and resolve possible prob-

        A. 8070                             7
 
     1  lems in recruitment and testing of members of minority groups to  insure
     2  the fairest possible and equal opportunities for employment in the civil
     3  service for all persons, regardless of age, race, creed, color, national
     4  origin, sexual orientation, military status, sex, disability, predispos-
     5  ing genetic characteristics, familial status, or marital status.
     6    (e)  For  any  employer,  labor  organization  or employment agency to

     7  discharge, expel or otherwise discriminate against any person because he
     8  or she has opposed any practices forbidden under this article or because
     9  he or she has filed a complaint, testified or assisted in any proceeding
    10  under this article.
    11    (f) Nothing in this subdivision shall affect any restrictions upon the
    12  activities of persons  licensed  by  the  state  liquor  authority  with
    13  respect to persons under twenty-one years of age.
    14    (g)  For  an  employer to compel an employee who is pregnant to take a
    15  leave of absence, unless the employee is  prevented  by  such  pregnancy
    16  from  performing  the  activities involved in the job or occupation in a
    17  reasonable manner.
    18    1-a. It shall be an unlawful discriminatory practice for an  employer,
    19  labor  organization,  employment  agency  or  any joint labor-management
    20  committee controlling apprentice training programs:

    21    (a) To select persons for an apprentice  training  program  registered
    22  with the state of New York on any basis other than their qualifications,
    23  as determined by objective criteria which permit review;
    24    (b)  To  deny  to  or withhold from any person because of race, creed,
    25  color, national origin, sexual orientation, military status,  sex,  age,
    26  disability, familial status, or marital status, the right to be admitted
    27  to  or  participate  in  a  guidance program, an apprenticeship training
    28  program, on-the-job training program,  executive  training  program,  or
    29  other occupational training or retraining program;
    30    (c)  To  discriminate against any person in his or her pursuit of such
    31  programs or to discriminate against such a person in the  terms,  condi-
    32  tions  or  privileges  of  such  programs because of race, creed, color,

    33  national origin, sexual orientation, military status, sex, age, disabil-
    34  ity, familial status or marital status;
    35    (d) To print or circulate or cause to be  printed  or  circulated  any
    36  statement,  advertisement or publication, or to use any form of applica-
    37  tion for such programs or to make any inquiry in  connection  with  such
    38  program  which  expresses, directly or indirectly, any limitation, spec-
    39  ification or discrimination as to race, creed, color,  national  origin,
    40  sexual  orientation,  military  status,  sex,  age, disability, familial
    41  status or marital status, or any intention to make any such  limitation,
    42  specification  or  discrimination,  unless  based on a bona fide occupa-
    43  tional qualification.
    44    § 2. Paragraph (a) of subdivision 9 of section 296  of  the  executive

    45  law,  as  amended by chapter 106 of the laws of 2003, is amended to read
    46  as follows:
    47    (a) It shall be an  unlawful  discriminatory  practice  for  any  fire
    48  department or fire company therein, through any member or members there-
    49  of, officers, board of fire commissioners or other body or office having
    50  power  of appointment of volunteer firefighters, directly or indirectly,
    51  by ritualistic practice, constitutional or by-law prescription, by tacit
    52  agreement among its members, or otherwise, to  deny  to  any  individual
    53  membership  in any volunteer fire department or fire company therein, or
    54  to expel or discriminate against any volunteer member of a fire  depart-
    55  ment  or  fire  company  therein,  because  of  the  race, creed, color,

        A. 8070                             8
 

     1  national origin, sexual orientation, military status, sex [or],  marital
     2  status, or familial status, of such individual.
     3    § 3. Subdivision 13 of section 296 of the executive law, as amended by
     4  chapter 196 of the laws of 2010, is amended to read as follows:
     5    13. It shall be an unlawful discriminatory practice (i) for any person
     6  to  boycott  or  blacklist,  or  to refuse to buy from, sell to or trade
     7  with, or otherwise discriminate against any person, because of the race,
     8  creed, color, national origin, sexual orientation, military status, sex,
     9  [or] disability, or familial status, of such person, or of such person's
    10  partners, members, stockholders, directors, officers,  managers,  super-
    11  intendents, agents, employees, business associates, suppliers or custom-

    12  ers, or (ii) for any person wilfully to do any act or refrain from doing
    13  any act which enables any such person to take such action. This subdivi-
    14  sion shall not apply to:
    15    (a) Boycotts connected with labor disputes; or
    16    (b) Boycotts to protest unlawful discriminatory practices.
    17    §  4.  This  act shall take effect on the ninetieth day after it shall
    18  have become a law.
 
    19                                   PART E
 
    20    Section 1. The real property law is amended by adding  a  new  section
    21  227-d to read as follows:
    22    § 227-d. Discrimination based on domestic violence status; prohibited.
    23  1.  Definitions. For the purposes of this section, a person is a "domes-
    24  tic violence victim" and possesses "domestic violence victim status"  if
    25  such  person is or has been, or is a parent accompanied by a minor child

    26  or children who is or has been, in a situation in which such  person  or
    27  child  is  a  victim  of  an  act that would constitute a violent felony
    28  offense as enumerated in section 70.02 of the penal  law,  or  a  family
    29  offense as enumerated in subdivision one of section eight hundred twelve
    30  of  the family court act, and such act is alleged to have been committed
    31  by a member of the same family or household, as defined  in  subdivision
    32  one of section eight hundred twelve of the family court act.
    33    2. Discrimination based on domestic violence victim status prohibited.
    34  (a)  No person, firm or corporation owning or managing any building used
    35  for dwelling purposes, or the agent of such person, firm or corporation,

    36  shall, because of such person's or  family  member's  domestic  violence
    37  victim  status,  (1)  refuse to rent a residential unit to any person or
    38  family, when, but for such status, rental would not have  been  refused,
    39  (2)  discriminate  in  the  terms, conditions, or privileges of any such
    40  rental, when, but for such status, such discrimination  would  not  have
    41  occurred,  or  (3)  print or circulate, or cause to be printed or circu-
    42  lated, any statement,  advertisement  or  publication  which  expresses,
    43  directly  or  indirectly,  any  limitation,  specification, or discrimi-
    44  nation. A violation of this subdivision shall be a misdemeanor  and,  on
    45  conviction  thereof,  shall  be  punished by a fine of not less than one

    46  thousand dollars and  not  more  than  two  thousand  dollars  for  each
    47  offense; provided, however, that it shall be a defense that such person,
    48  firm,  corporation  or  agent  refused to rent a residential unit on any
    49  other lawful ground.
    50    (b) Civil liability: (1) Where discriminatory  conduct  prohibited  by
    51  this  subdivision has occurred, such person or family shall have a cause
    52  of action in any court of appropriate jurisdiction for compensatory  and
    53  punitive  damages, with such punitive damages not exceeding two thousand
    54  dollars for each offense, and declaratory and injunctive relief; and (2)

        A. 8070                             9
 
     1  in all actions brought under this section, reasonable attorneys' fees as

     2  determined by the court may be awarded to a prevailing party,  provided,
     3  however, that a prevailing defendant in order to recover such reasonable
     4  attorneys'  fees  must  make a motion requesting such fees and show that
     5  the action or proceeding brought was frivolous. In  order  to  find  the
     6  action or proceeding to be frivolous, the court must find one or more of
     7  the  following:  (i)  the action was commenced, used or continued in bad
     8  faith, solely to delay or prolong the resolution of the litigation or to
     9  harass or maliciously injure another; or (ii) the action  was  commenced
    10  or  continued in bad faith without any reasonable basis and could not be
    11  supported by a good faith argument for  an  extension,  modification  or

    12  reversal  of  existing  law.  If  the  action or proceeding was promptly
    13  discontinued when the party or attorney learned or should  have  learned
    14  that  the action or proceeding lacked such a reasonable basis, the court
    15  may find that the party or the attorney did not act in bad faith.
    16    (c) Nothing in this section shall be construed as limiting the ability
    17  of a person, firm or corporation owning or managing a building used  for
    18  dwelling  purposes,  or  the  agent of such person, firm or corporation,
    19  from applying reasonable standards not based on or derived from domestic
    20  violence victim status in determining the eligibility  of  a  person  or
    21  family seeking to rent a residential unit.

    22    (d)  This  section  shall  not  apply  to  buildings used for dwelling
    23  purposes that are owner occupied  and  have  two  or  fewer  residential
    24  units.
    25    3.  A  person, firm, or corporation owning or managing a building used
    26  for dwelling purposes or agent of such person, firm or corporation shall
    27  not be civilly liable to other tenants, guests, invitees,  or  licensees
    28  arising  from  reasonable  and  good  faith  efforts to comply with this
    29  section.
    30    4. Nothing in this section shall be construed as prohibiting a person,
    31  firm or corporation owning or managing  a  building  used  for  dwelling
    32  purposes, or the agent of such person, firm or corporation, from:

    33    (a)  providing  or  preserving  a  rental  preference in any public or
    34  private housing for victims of domestic violence;
    35    (b) providing any other assistance to victims of domestic violence  in
    36  obtaining or retaining any public or private housing; or
    37    (c)  responding  to  an inquiry or request by an applicant, tenant, or
    38  leaseholder who is a victim of domestic violence.
    39    5. Nothing in this section shall be construed as prohibiting a munici-
    40  pality from retaining or promulgating local laws or ordinances  imposing
    41  additional  or  enhanced  protections prohibiting discrimination against
    42  victims of domestic violence.
    43    6. Nothing in this section shall be construed as  limiting,  diminish-

    44  ing, or otherwise affecting any rights under existing law.
    45    §  2.  The  real  property  actions  and proceedings law is amended by
    46  adding a new section 744 to read as follows:
    47    § 744. Eviction based on domestic violence victim  status  prohibited.
    48  1.  A  tenant shall not be removed from possession of a residential unit
    49  pursuant to this article because  of  such  person's  domestic  violence
    50  victim  status,  as defined in section two hundred twenty-seven-d of the
    51  real property law. It shall be a defense  to  a  proceeding  to  recover
    52  possession  of  a  residential  unit that a landlord seeks such recovery
    53  because of a person's domestic violence victim status, and that, but for
    54  such status, the landlord would not seek to recover possession. A  land-

    55  lord  may  rebut such defense by showing that he or she seeks to recover
    56  possession of a residential unit because of any other lawful ground.

        A. 8070                            10
 
     1    2. Nothing in this section shall restrict a landlord's legal rights to
     2  recover possession of a residential unit on  grounds  not  based  on  or
     3  derived from domestic violence victim status.
     4    3.  A  landlord  shall not be civilly liable to other tenants, guests,
     5  invitees, or licensees arising from reasonable and good faith efforts to
     6  comply with this section.
     7    4. This section  shall  not  apply  to  buildings  used  for  dwelling
     8  purposes  that  are  owner  occupied  and  have two or fewer residential
     9  units.

    10    § 3. There is hereby established a task force to study the  impact  of
    11  source of income on access to housing including, but not limited to, any
    12  sex-based impact.  The task force shall consist of the following members
    13  as appointed by the governor: (1) two members of the governor's cabinet;
    14  (2)  two  experts on housing policy representing the needs of both land-
    15  lords and tenants; (3) two members who are local  government  officials,
    16  who  shall  each  represent  different  geographical  regions within the
    17  state; (4) two members on the recommendation of the temporary  president
    18  of  the senate; and (5) two members on the recommendation of the speaker
    19  of the assembly. The governor shall designate a chair of the task  force
    20  from  amongst such appointees.  The task force shall meet as often as is
    21  appropriate under circumstances necessary to fulfill  its  duties  under

    22  this  section.  The  task  force  shall (a) review the Section 8 Housing
    23  Choice Voucher Administrative Plan and, if necessary, recommend  modifi-
    24  cations  to increase the participation of landlords and property owners,
    25  which may include, but shall not be limited to: expanding the  portabil-
    26  ity  of Section 8 vouchers, including as may be appropriate for domestic
    27  violence victims; creating a  state-sponsored  special-purpose  mobility
    28  counseling  program;  enhancing  means  of connecting voucher holders to
    29  approved landlords; and eliminating delays in housing  quality  standard
    30  inspections;  and  (b)  review  other  current policies and laws and, if
    31  necessary, recommend modifications to  improve  access  to  quality  and
    32  affordable housing. The task force shall submit its report and recommen-
    33  dations  to the governor, the temporary president of the senate, and the

    34  speaker of the assembly on January 15, 2015.
    35    § 4. This act shall take effect on the ninetieth day  after  it  shall
    36  have become a law.
 
    37                                   PART F
 
    38    Section 1. Paragraph b of subdivision 3 of section 240 of the domestic
    39  relations law, as amended by chapter 597 of the laws of 1998, is amended
    40  and a new paragraph i is added to read as follows:
    41    b.  An  order of protection entered pursuant to this subdivision shall
    42  bear in a conspicuous manner, on the  front  page  of  said  order,  the
    43  language  "Order  of  protection  issued pursuant to section two hundred
    44  forty of the domestic relations law". The order of protection shall also
    45  contain the following notice: "This order of protection will  remain  in
    46  effect  even if the protected party has, or consents to have, contact or

    47  communication with the party against whom  the  order  is  issued.  This
    48  order of protection can only be modified or terminated by the court. The
    49  protected party cannot be held to violate this order nor be arrested for
    50  violating  this  order.".  The absence of such language shall not affect
    51  the validity of such order.  The presentation of a copy of such an order
    52  to any peace officer acting pursuant to his or her  special  duties,  or
    53  police officer, shall constitute authority, for that officer to arrest a
    54  person  when  that  person  has violated the terms of such an order, and

        A. 8070                            11
 
     1  bring such person before the court and, otherwise, so far as lies within
     2  the officer's power, to aid in securing the protection  such  order  was
     3  intended to afford.

     4    i.  The  protected  party  in  whose  favor the order of protection or
     5  temporary order of protection is issued may not be held to violate  such
     6  an  order  nor  may  such protected party be arrested for violating such
     7  order.
     8    § 2. Subdivision 2 of section 252 of the domestic  relations  law,  as
     9  added  by chapter 349 of the laws of 1995, is amended and a new subdivi-
    10  sion 9-a is added to read as follows:
    11    2. An order of protection entered pursuant to this  subdivision  shall
    12  bear  in  a  conspicuous  manner,  on  the front page of said order, the
    13  language "Order of protection issued pursuant  to  section  two  hundred
    14  fifty-two of the domestic relations law".  The order of protection shall
    15  also contain the following notice: "This order of protection will remain

    16  in  effect even if the protected party has, or consents to have, contact
    17  or communication with the party against whom the order is issued.   This
    18  order of protection can only be modified or terminated by the court. The
    19  protected party cannot be held to violate this order nor be arrested for
    20  violating  this  order.".  The absence of such language shall not affect
    21  the validity of such order.  The presentation of a copy of such an order
    22  to any peace officer acting pursuant to his or her  special  duties,  or
    23  police officer, shall constitute authority, for that officer to arrest a
    24  person  when  that  person  has violated the terms of such an order, and
    25  bring such person before the court and, otherwise, so far as lies within
    26  the officer's power, to aid in securing the protection  such  order  was
    27  intended to afford.

    28    9-a.    The  protected party in whose favor the order of protection or
    29  temporary order of protection is issued may not be held  to  violate  an
    30  order  issued  in  his  or  her  favor  nor  may such protected party be
    31  arrested for violating such order.
    32    § 3. Section 155 of the family court act is amended by  adding  a  new
    33  subdivision 3 to read as follows:
    34    3.  The  protected  party  in  whose  favor the order of protection or
    35  temporary order of protection is issued may not be held  to  violate  an
    36  order  issued  in  his  or  her  favor  nor  may such protected party be
    37  arrested for violating such order.
    38    § 4. Subdivision 3 of section 168 of the family court act, as added by
    39  chapter 164 of the laws of 1989, is amended to read as follows:

    40    3. Any order of protection or temporary order of protection issued  by
    41  the  family  court shall bear, in a conspicuous manner, the language, as
    42  the case may be, "this order constitutes  an  order  of  protection"  or
    43  "this  order  constitutes a temporary order of protection", on the front
    44  page of said order.   The order of  protection  or  temporary  order  of
    45  protection  shall  also  contain  the  following  notice: "This order of
    46  protection will remain in effect even if the  protected  party  has,  or
    47  consents  to  have, contact or communication with the party against whom
    48  the order is issued.  This order of protection can only be  modified  or
    49  terminated  by  the court. The protected party cannot be held to violate
    50  this order nor be arrested for violating this order.".  The  absence  of

    51  such language shall not affect the validity of such order.
    52    §  5.  Section  446 of the family court act is amended by adding a new
    53  closing paragraph to read as follows:
    54    The protected party in whose favor the order of protection  or  tempo-
    55  rary  order  of protection is issued may not be held to violate an order

        A. 8070                            12
 
     1  issued in his or her favor nor may such protected party be arrested  for
     2  violating such order.
     3    §  6.  Section  551 of the family court act is amended by adding a new
     4  closing paragraph to read as follows:
     5    The protected party in whose favor the order of protection  or  tempo-
     6  rary  order  of protection is issued may not be held to violate an order

     7  issued in his or her favor nor may such protected party be arrested  for
     8  violating such order.
     9    §  7.  Section  656 of the family court act is amended by adding a new
    10  closing paragraph to read as follows:
    11    The protected party in whose favor the order of protection  or  tempo-
    12  rary  order  of protection is issued may not be held to violate an order
    13  issued in his or her favor nor may such protected party be arrested  for
    14  violating such order.
    15    §  8.  Section  759 of the family court act is amended by adding a new
    16  closing paragraph to read as follows:
    17    The protected party in whose favor the order of protection  or  tempo-
    18  rary  order  of protection is issued may not be held to violate an order

    19  issued in his or her favor nor may such protected party be arrested  for
    20  violating such order.
    21    §  9.  Section  842 of the family court act is amended by adding a new
    22  closing paragraph to read as follows:
    23    The protected party in whose favor the order of protection  or  tempo-
    24  rary  order  of protection is issued may not be held to violate an order
    25  issued in his or her favor nor may such protected party be arrested  for
    26  violating such order.
    27    §  10.  Section 846 of the family court act is amended by adding a new
    28  subdivision (a-1) to read as follows:
    29    (a-1) The protected party in whose favor the order  of  protection  or
    30  temporary  order  of  protection is issued may not be held to violate an

    31  order issued in his or  her  favor  nor  may  such  protected  party  be
    32  arrested for violating such order.
    33    §  11. Section 1056 of the family court act is amended by adding a new
    34  subdivision 7 to read as follows:
    35    7. The protected party in whose  favor  the  order  of  protection  or
    36  temporary  order  of  protection is issued may not be held to violate an
    37  order issued in his or  her  favor  nor  may  such  protected  party  be
    38  arrested for violating such order.
    39    § 12. Subdivision 4 of section 140.10 of the criminal procedure law is
    40  amended  by  adding  a  new  second  undesignated  paragraph  to read as
    41  follows:
    42    The protected party in whose favor the order of protection  or  tempo-
    43  rary  order  of protection is issued may not be held to violate an order

    44  issued in his or her favor nor may such protected party be arrested  for
    45  violating such order.
    46    § 13. Subdivisions 6 and 8 of section 530.12 of the criminal procedure
    47  law,  subdivision  6  as amended by chapter 164 of the laws of 1989, the
    48  closing paragraph of subdivision 6 as added by chapter 222 of  the  laws
    49  of  1994 and subdivision 8 as amended by section 81 of subpart B of part
    50  C of chapter 62 of the laws of 2011, are amended to read as follows:
    51    6. An order of protection or a temporary order  of  protection  issued
    52  pursuant  to  subdivision  one, two, three, four or five of this section
    53  shall bear in a conspicuous manner the term  "order  of  protection"  or
    54  "temporary  order  of protection" as the case may be and a copy shall be
    55  filed by the clerk of the court with the sheriff's office in the  county

    56  in  which the complainant resides, or, if the complainant resides within

        A. 8070                            13
 
     1  a city, with  the  police  department  of  such  city.    The  order  of
     2  protection  or  temporary  order  of  protection  shall also contain the
     3  following notice: "This order of protection will remain in  effect  even
     4  if  the  protected  party  has, or consents to have, contact or communi-
     5  cation with the party against whom the order is issued.   This order  of
     6  protection  can  only  be  modified  or  terminated  by  the  court. The
     7  protected party cannot be held to violate this order nor be arrested for
     8  violating this order.". The absence of such language  shall  not  affect

     9  the  validity  of  such  order.    A copy of such order of protection or
    10  temporary order of protection may from time to  time  be  filed  by  the
    11  clerk  of the court with any other police department or sheriff's office
    12  having jurisdiction of the residence, work place, and school  of  anyone
    13  intended  to be protected by such order. A copy of the order may also be
    14  filed by the complainant at the appropriate police department  or  sher-
    15  iff's office having jurisdiction. Any subsequent amendment or revocation
    16  of such order shall be filed in the same manner as herein provided.
    17    Such  order of protection shall plainly state the date that such order
    18  expires.
    19    8. In any proceeding in which an  order  of  protection  or  temporary
    20  order of protection or a warrant has been issued under this section, the
    21  clerk  of  the  court  shall  issue to the complainant and defendant and

    22  defense counsel and to any other person affected by the order a copy  of
    23  the order of protection or temporary order of protection and ensure that
    24  a  copy  of  the order of protection or temporary order of protection be
    25  transmitted to the local correctional facility where the  individual  is
    26  or  will be detained, the state or local correctional facility where the
    27  individual is or will  be  imprisoned,  and  the  supervising  probation
    28  department  or department of corrections and community supervision where
    29  the individual is under probation or parole supervision.  The  presenta-
    30  tion  of  a  copy of such order or a warrant to any peace officer acting
    31  pursuant to his or her special duties or police officer shall constitute
    32  authority for him or her to arrest a person who has violated  the  terms
    33  of  such order and bring such person before the court and, otherwise, so

    34  far as lies within his or her power, to aid in securing  the  protection
    35  such  order  was intended to afford.  The protected party in whose favor
    36  the order of protection or temporary order of protection is  issued  may
    37  not  be held to violate an order issued in his or her favor nor may such
    38  protected party be arrested for violating such order.
    39    § 14. This act shall take effect immediately and shall  apply  to  all
    40  orders  of protection regardless of when such orders were issued, except
    41  that:
    42    (a) the amendments to paragraph b of subdivision 3 of section  240  of
    43  the  domestic  relations law made by section one of this act, the amend-
    44  ments to subdivision 2 of section 252 of the domestic relations law made
    45  by section two of this act, the amendments to subdivision 3  of  section

    46  168  of  the  family court act made by section four of this act, and the
    47  amendments to subdivision 6 of section 530.12 of the criminal  procedure
    48  law  made by section thirteen of this act shall take effect on the nine-
    49  tieth day after this act shall have become a law,  and  shall  apply  to
    50  orders of protection issued on or after such effective date; and
    51    (b)  the amendments to subdivision 4 of section 140.10 of the criminal
    52  procedure law, made by section twelve of this act, shall not affect  the
    53  repeal of such subdivision, and shall be deemed repealed therewith.
 
    54                                   PART G

        A. 8070                            14
 
     1    Section  1. Section 153-c of the family court act, as added by chapter
     2  416 of the laws of 1981, is amended to read as follows:

     3    §  153-c.  Temporary  order of protection. (a) Any person appearing at
     4  family court when the court is open  requesting  a  temporary  order  of
     5  protection  under  any  article  of this act shall be entitled to file a
     6  petition without delay on the same day such person first appears at  the
     7  family  court,  and  a hearing on that request shall be held on the same
     8  day or the next day that the family court is open following  the  filing
     9  of such petition.
    10    (b)  As  provided  in  this  section,  the  chief administrator of the
    11  courts, with the approval of the administrative board of the courts, may
    12  promulgate rules to establish and implement  a  pilot  program  for  the
    13  filing  of  petitions  for  temporary orders of protection by electronic

    14  means and for the issuance of such orders ex parte by audio-visual means
    15  in order to accommodate litigants for whom attendance at court  to  file
    16  for,  and obtain, emergency relief would constitute an undue hardship or
    17  to accommodate litigants, for whom traveling to  and  appearing  in  the
    18  courthouse  to  obtain  emergency relief, creates a risk of harm to such
    19  litigant.
    20    (1) Definitions. As used in this section:
    21    (i) "Electronic means" means any method of transmission of information
    22  between computers or other machines designed for the purpose of  sending
    23  and  receiving  such  transmissions,  and  which allows the recipient to
    24  reproduce  the  information  transmitted  in  a   tangible   medium   of
    25  expression.

    26    (ii)  "Independent audio-visual system" means an electronic system for
    27  the transmission and receiving of audio and visual signals, encompassing
    28  encoded signals, frequency domain multiplexing or other  suitable  means
    29  to  preclude  the  unauthorized reception and decoding of the signals by
    30  commercially available  television  receivers,  channel  converters,  or
    31  other available receiving devices.
    32    (iii) "Electronic appearance" means an appearance in which one or more
    33  of  the  parties are not present in the court, but in which, by means of
    34  an independent audio-visual system, all of the participants  are  simul-
    35  taneously able to see and hear reproductions of the voices and images of

    36  the judge, counsel, parties, witnesses, if any and other participants.
    37    (2)  Development of a pilot program. A plan for a pilot program pursu-
    38  ant to this section shall be developed by the chief administrator of the
    39  courts or his or her delegate in consultation with  one  or  more  local
    40  programs  providing  assistance  to  victims  of  domestic violence, the
    41  office for the prevention of domestic violence, and attorneys who repre-
    42  sent family offense petitions.   The plan  shall  include,  but  is  not
    43  limited to:
    44    (i)  identification of one or more family justice centers or organiza-
    45  tions or agencies or other sites outside of the local family court  that
    46  are equipped with, or have access to, an independent audio-visual system

    47  and  electronic  means for filing documents that are compatible with the
    48  equipment in the local family court, with  consideration  given  to  the
    49  location of such site or sites and available resources; and
    50    (ii)  identification  of  one or more licensed and certified organiza-
    51  tions, agencies or entities  with  advocates  for  victims  of  domestic
    52  violence who are trained, and available to assist petitioners in prepar-
    53  ing and filing petitions for temporary orders of protection and in their
    54  electronic  appearances  before  the family court to obtain such orders;
    55  and

        A. 8070                            15
 
     1    (iii) identification of the  existing  resources  available  in  local

     2  family courts for the implementation and oversight of the pilot program;
     3  and
     4    (iv)  delineation  of procedures for filing of the petitions and docu-
     5  ments, if any, by electronic means, swearing in the petitioners and  any
     6  witnesses,   preparation   of  a  verbatim  transcription  of  testimony
     7  presented and a record of evidence adduced and  prompt  transmission  of
     8  any orders issued to the petitioners; and
     9    (v)  a  timetable for implementation of the pilot program and plan for
    10  informing the public of its availability; and
    11    (vi) a description of data to be collected in order to  evaluate  and,
    12  if  necessary,  make  recommendations  for  improvements  to  the  pilot
    13  program.

    14    (3) Filing by electronic means.  In  conjunction  with  an  electronic
    15  appearance under this section, petitioners for ex parte temporary orders
    16  of  protection  may,  with the assistance of trained advocates, commence
    17  the proceedings by filing petitions by electronic means.
    18    (i) A petitioner who seeks a temporary order of protection ex parte by
    19  use of an electronic appearance must file a petition in advance of  such
    20  appearance  and may do so by electronic means.  The petitioner shall set
    21  forth the circumstances in which traveling to or appearing in the court-
    22  house would constitute an undue hardship, or create a risk  of  harm  to
    23  the  petitioner.  In  granting or denying the relief sought by the peti-

    24  tioner, the court shall state the names of all participants, and whether
    25  it is granting or denying an appearance  by  electronic  means  and  the
    26  basis  for  such  determination; provided, however, that nothing in this
    27  section shall be construed to compel a party to file a petition or other
    28  document by electronic means or to testify by  means  of  an  electronic
    29  appearance.
    30    (ii)  Nothing in this section shall affect or change any existing laws
    31  governing the service of process, including  requirements  for  personal
    32  service,  or  the sealing and confidentiality of court records in family
    33  court proceedings, or access to court records by  the  parties  to  such
    34  proceedings.

    35    (4)  (i)  All  electronic appearances by petitioners seeking temporary
    36  orders of protection ex parte  under  this  section  shall  be  strictly
    37  voluntary  and  the  consent  of  such petitioners shall be given on the
    38  record at the commencement of each appearance.
    39    (ii) Appearances taken through the use  of  an  electronic  appearance
    40  under  this  section  shall be recorded and preserved for transcription.
    41  Documentary evidence, if any, referred to by a party or witness  or  the
    42  court  may  be  transmitted  and  submitted and introduced by electronic
    43  means.
    44    § 2. Subdivision 2 of section 212 of the judiciary law is  amended  by
    45  adding a new paragraph (s) to read as follows:
    46    (s)  Have  the  power  to  establish  pilot programs for the filing of

    47  petitions for temporary orders of protection by electronic means and for
    48  the issuance of such orders by audio-visual means pursuant  to  subdivi-
    49  sion  (b)  of section one hundred fifty-three-c of the family court act.
    50  The chief administrator shall maintain an up-to-date and publicly-avail-
    51  able listing of the sites, if any, at which  such  applications  for  ex
    52  parte  temporary  orders  of protection may be filed, and at which elec-
    53  tronic appearances in support of such applications  may  be  sought,  in
    54  accordance  with  such  section  one hundred fifty-three-c of the family
    55  court act.  In developing such pilot program,  the  chief  administrator
    56  shall  strive  for  a program that is regionally diverse, and takes into


        A. 8070                            16
 
     1  consideration, among other things, the availability of public  transpor-
     2  tation,  population  density  and  the  availability  of  facilities for
     3  conducting such program.
     4    §  3. Section 648 of the executive law, as added by chapter 893 of the
     5  laws of 1986, is amended to read as follows:
     6    § 648. Review; report and implementation. 1. The  chief  administrator
     7  of  the  unified  court system shall review court practices, procedures,
     8  services, regulations and laws to determine the adequacy  and  appropri-
     9  ateness of its services with respect to crime victims, including victims
    10  with  special  needs,  particularly  the elderly, disabled or victims of
    11  child abuse, domestic violence, sex trafficking or sex-related offenses.

    12  Such review shall include reasonable opportunity for public comment  and
    13  consultation  with  crime  victims  or  their  representatives,  and may
    14  include public hearings.
    15    2. After the review, and not later than two hundred seventy days after
    16  the effective date of this section, and no later than two hundred seven-
    17  ty days after the effective date of the chapter of the laws of two thou-
    18  sand thirteen which amended this section, and every five years thereaft-
    19  er, the chief administrator of the unified court system shall  submit  a
    20  report  to  the governor and the legislature, setting forth the findings
    21  of the review, including a description of the services provided  by  the
    22  components  of  the unified court system and recommendations for changes
    23  in its  procedures,  services,  regulations  and  laws  to  improve  its

    24  services  to crime victims and to establish and implement fair treatment
    25  standards for crime victims.
    26    3. Subject to the direction of the chief administrator, the components
    27  of the unified court system shall expeditiously implement the  recommen-
    28  dations of its report.
    29    § 4. This act shall take effect April 1, 2014.
 
    30                                   PART H
 
    31    Section  1.  Short  title. This act shall be known and may be cited as
    32  the "trafficking victims protection and justice act".
    33    § 2. Section 60.13 of the penal law, as added by chapter 7 of the laws
    34  of 2007, is amended to read as follows:
    35  § 60.13 Authorized dispositions; felony sex offenses.
    36    When a person is to be sentenced upon  a  conviction  for  any  felony
    37  defined in article one hundred thirty of this chapter, including a sexu-

    38  ally  motivated felony, or patronizing a [prostitute] person for prosti-
    39  tution in the first degree as defined in section 230.06 of this chapter,
    40  aggravated 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  the
    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 these  crimes,  the  court

    48  must sentence the defendant in accordance with the provisions of section
    49  70.80 of this title.
    50    §  3.  Paragraphs (a) and (c) of subdivision 1 of section 70.02 of the
    51  penal law, paragraph (a) as amended by chapter 320 of the laws  of  2006
    52  and  paragraph  (c)  as  amended  by  chapter 1 of the laws of 2013, are
    53  amended to read as follows:

        A. 8070                            17
 
     1    (a) Class B violent felony offenses: an attempt to  commit  the  class
     2  A-I  felonies  of  murder  in  the  second  degree as defined in section
     3  125.25, kidnapping in the first degree as defined in section 135.25, and
     4  arson in the first degree as defined in section 150.20; manslaughter  in
     5  the  first  degree as defined in section 125.20, aggravated manslaughter
     6  in the first degree as defined in section  125.22,  rape  in  the  first

     7  degree  as  defined  in section 130.35, criminal sexual act in the first
     8  degree as defined in section 130.50,  aggravated  sexual  abuse  in  the
     9  first  degree  as  defined  in  section 130.70, course of sexual conduct
    10  against a child in the  first  degree  as  defined  in  section  130.75;
    11  assault  in the first degree as defined in section 120.10, kidnapping in
    12  the second degree as defined in section 135.20, burglary  in  the  first
    13  degree  as  defined  in  section  140.30,  arson in the second degree as
    14  defined in section 150.15, robbery in the first  degree  as  defined  in
    15  section  160.15, sex trafficking as defined in paragraphs (a) and (b) of
    16  subdivision five of section  230.34,  incest  in  the  first  degree  as
    17  defined  in section 255.27, criminal possession of a weapon in the first
    18  degree as defined in section 265.04, criminal use of a  firearm  in  the

    19  first degree as defined in section 265.09, criminal sale of a firearm in
    20  the first degree as defined in section 265.13, aggravated assault upon a
    21  police  officer  or  a  peace officer as defined in section 120.11, gang
    22  assault in the first degree as defined in section 120.07, intimidating a
    23  victim or witness in the first degree  as  defined  in  section  215.17,
    24  hindering  prosecution  of  terrorism  in the first degree as defined in
    25  section 490.35, criminal possession of a chemical weapon  or  biological
    26  weapon  in  the second degree as defined in section 490.40, and criminal
    27  use of a chemical weapon or biological weapon in  the  third  degree  as
    28  defined in section 490.47.
    29    (c)  Class  D violent felony offenses: an attempt to commit any of the
    30  class C felonies set forth in paragraph (b); reckless assault of a child

    31  as defined in section 120.02, assault in the second degree as defined in
    32  section 120.05, menacing a police officer or peace officer as defined in
    33  section 120.18, stalking in the first degree, as defined in  subdivision
    34  one  of section 120.60, strangulation in the second degree as defined in
    35  section 121.12, rape in the second degree as defined in section  130.30,
    36  criminal  sexual  act in the second degree as defined in section 130.45,
    37  sexual abuse in the first degree as defined in section 130.65, course of
    38  sexual conduct against a child  in  the  second  degree  as  defined  in
    39  section  130.80,  aggravated sexual abuse in the third degree as defined
    40  in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
    41  substance  as defined in section 130.90, labor trafficking as defined in
    42  paragraphs (a) and (b) of subdivision three of section 135.35,  criminal

    43  possession  of  a  weapon  in the third degree as defined in subdivision
    44  five, six, seven, eight, nine or ten of section 265.02, criminal sale of
    45  a firearm in the third degree as defined in section 265.11, intimidating
    46  a victim or witness in the second degree as defined in  section  215.16,
    47  soliciting  or  providing  support for an act of terrorism in the second
    48  degree as defined in section 490.10, and making a terroristic threat  as
    49  defined  in  section  490.20, falsely reporting an incident in the first
    50  degree as defined in section 240.60, placing a false bomb  or  hazardous
    51  substance  in  the  first degree as defined in section 240.62, placing a
    52  false bomb or hazardous substance in a sports  stadium  or  arena,  mass
    53  transportation  facility or enclosed shopping mall as defined in section
    54  240.63, and aggravated unpermitted use of  indoor  pyrotechnics  in  the

    55  first degree as defined in section 405.18.

        A. 8070                            18
 
     1    § 4. Paragraph (a) of subdivision 1 of section 70.80 of the penal law,
     2  as  added  by  chapter  7  of  the  laws  of 2007, is amended to read as
     3  follows:
     4    (a)  For  the purposes of this section, a "felony sex offense" means a
     5  conviction of any felony defined in article one hundred thirty  of  this
     6  chapter,  including a sexually motivated felony, or patronizing a [pros-
     7  titute] person for prostitution  in  the  first  degree  as  defined  in
     8  section 230.06 of this chapter, patronizing a person for prostitution in
     9  the  second  degree as defined in section 230.05 of this chapter, aggra-
    10  vated 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
    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 the above.
    18    § 5. Section 135.35 of the penal law, as added by chapter  74  of  the
    19  laws of 2007, is amended to read as follows:
    20  § 135.35 Labor trafficking.
    21    A  person  is  guilty  of  labor  trafficking  if he or she compels or
    22  induces another to engage in labor or  recruits,  entices,  harbors,  or

    23  transports such other person by means of intentionally:
    24    1.  [unlawfully  providing  a controlled substance to such person with
    25  intent to impair said person's judgment;
    26    2.] requiring that the labor be performed to retire, repay, or service
    27  a real or purported debt that the actor has caused by a systematic ongo-
    28  ing course of conduct with intent to defraud such person;
    29    [3.]  2.  withholding,  destroying,  or  confiscating  any  actual  or
    30  purported  passport,  immigration  document,  or  any  other  actual  or
    31  purported government identification document,  of  another  person  with
    32  intent  to  impair said person's freedom of movement; provided, however,
    33  that this subdivision shall not apply to an attempt to correct a  social
    34  security  administration  record or immigration agency record in accord-

    35  ance with any local, state, or federal agency  requirement,  where  such
    36  attempt is not made for the purpose of any express or implied threat;
    37    [4.]  3.  using  force  or  engaging in any scheme, plan or pattern to
    38  compel or induce such person to engage in or continue to engage in labor
    39  activity by means of instilling a fear  in  such  person  that,  if  the
    40  demand is not complied with, the actor or another will do one or more of
    41  the following:
    42    (a)  cause  physical  injury,  serious  physical injury, or death to a
    43  person; or
    44    (b) cause damage to property, other than the property of the actor; or
    45    (c) engage in other conduct constituting a felony or  unlawful  impri-
    46  sonment  in  the  second  degree  in violation of section 135.05 of this
    47  [chapter] article; or

    48    (d) accuse some person of a crime or cause criminal charges or  depor-
    49  tation  proceedings  to  be  instituted  against  such person; provided,
    50  however, that it shall be an affirmative  defense  to  this  subdivision
    51  that  the defendant reasonably believed the threatened charge to be true
    52  and that his or her sole purpose was to compel or induce the  victim  to
    53  take  reasonable  action to make good the wrong which was the subject of
    54  such threatened charge; or

        A. 8070                            19
 
     1    (e) expose a secret or publicize an asserted  fact,  whether  true  or
     2  false,  tending  to subject some person to hatred, contempt or ridicule;
     3  or
     4    (f)  testify  or provide information or withhold testimony or informa-
     5  tion with respect to another's legal claim or defense; or

     6    (g) use or abuse his or her position as a public servant by performing
     7  some act within or related to his or her official duties, or by  failing
     8  or  refusing  to  perform  an official duty, in such manner as to affect
     9  some person adversely.
    10    Labor trafficking is a class D felony.
    11    § 5-a. The penal law is amended by adding a new section 135.37 to read
    12  as follows:
    13  § 135.37 Aggravated labor trafficking.
    14    A person is guilty of  aggravated  labor  trafficking  if  he  or  she
    15  compels  or  induces  another  to  engage in labor or recruits, entices,
    16  harbors, or transports such other person to engage in labor by means  of
    17  intentionally unlawfully providing a controlled substance to such person
    18  with intent to impair said person's judgment.

    19    Aggravated labor trafficking is a class C felony.
    20    §  5-b.  Paragraph (a) of subdivision 1 of section 460.10 of the penal
    21  law, as amended by chapter 405 of the laws of 2010, is amended  to  read
    22  as follows:
    23    (a)  Any  of  the felonies set forth in this chapter: sections 120.05,
    24  120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat-
    25  ing to strangulation; sections 125.10 to 125.27  relating  to  homicide;
    26  sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and
    27  135.25  relating  to  kidnapping;  [section]  sections 135.35 and 135.37
    28  relating to labor trafficking;  section  135.65  relating  to  coercion;
    29  sections  140.20,  140.25  and  140.30  relating  to  burglary; sections
    30  145.05, 145.10 and 145.12 relating to  criminal  mischief;  article  one

    31  hundred  fifty  relating  to  arson; sections 155.30, 155.35, 155.40 and
    32  155.42 relating to grand larceny; sections 177.10,  177.15,  177.20  and
    33  177.25 relating to health care fraud; article one hundred sixty relating
    34  to robbery; sections 165.45, 165.50, 165.52 and 165.54 relating to crim-
    35  inal  possession of stolen property; sections 165.72 and 165.73 relating
    36  to trademark counterfeiting; sections 170.10,  170.15,  170.25,  170.30,
    37  170.40,  170.65 and 170.70 relating to forgery; sections 175.10, 175.25,
    38  175.35, 175.40 and 210.40 relating to false statements; sections 176.15,
    39  176.20, 176.25 and 176.30 relating to insurance fraud;  sections  178.20
    40  and  178.25  relating  to criminal diversion of prescription medications
    41  and prescriptions; sections  180.03,  180.08,  180.15,  180.25,  180.40,
    42  180.45,  200.00, 200.03, 200.04, 200.10, 200.11, 200.12, 200.20, 200.22,

    43  200.25, 200.27, 215.00, 215.05 and 215.19 relating to bribery;  sections
    44  187.10,  187.15,  187.20  and  187.25  relating  to residential mortgage
    45  fraud, sections 190.40 and 190.42 relating to  criminal  usury;  section
    46  190.65 relating to schemes to defraud; sections 205.60 and 205.65 relat-
    47  ing to hindering prosecution; sections 210.10, 210.15, and 215.51 relat-
    48  ing  to  perjury and contempt; section 215.40 relating to tampering with
    49  physical evidence; sections  220.06,  220.09,  220.16,  220.18,  220.21,
    50  220.31,  220.34,  220.39,  220.41,  220.43,  220.46,  220.55, 220.60 and
    51  220.77 relating to controlled substances;  sections  225.10  and  225.20
    52  relating  to  gambling;  sections 230.25, 230.30, and 230.32 relating to
    53  promoting prostitution; section  230.34  relating  to  sex  trafficking;
    54  sections  235.06,  235.07,  235.21  and  235.22  relating  to obscenity;

    55  sections 263.10 and 263.15 relating to promoting a sexual performance by
    56  a child; sections 265.02, 265.03, 265.04, 265.11, 265.12, 265.13 and the

        A. 8070                            20
 
     1  provisions of section 265.10  which  constitute  a  felony  relating  to
     2  firearms  and  other  dangerous  weapons; and sections 265.14 and 265.16
     3  relating to criminal sale of a  firearm;  and  section  275.10,  275.20,
     4  275.30,  or  275.40  relating  to  unauthorized recordings; and sections
     5  470.05, 470.10, 470.15 and 470.20 relating to money laundering; or
     6    § 5-c. Paragraphs (b) and (h) of subdivision 8 of  section  700.05  of
     7  the  criminal  procedure law, paragraph (b) as amended by chapter 405 of
     8  the laws of 2010 and paragraph (h) as amended by chapter 154 of the laws
     9  of 1990, are amended to read as follows:

    10    (b) Any of the following felonies: assault in  the  second  degree  as
    11  defined  in section 120.05 of the penal law, assault in the first degree
    12  as defined in section 120.10 of the penal law, reckless endangerment  in
    13  the  first degree as defined in section 120.25 of the penal law, promot-
    14  ing a suicide attempt as defined in section 120.30  of  the  penal  law,
    15  strangulation  in  the second degree as defined in section 121.12 of the
    16  penal law, strangulation in the  first  degree  as  defined  in  section
    17  121.13  of  the  penal  law, criminally negligent homicide as defined in
    18  section 125.10 of the penal law, manslaughter in the  second  degree  as
    19  defined  in  section  125.15 of the penal law, manslaughter in the first
    20  degree as defined in section 125.20 of the  penal  law,  murder  in  the
    21  second  degree  as defined in section 125.25 of the penal law, murder in

    22  the first degree as defined in section 125.27 of the penal law, abortion
    23  in the second degree as defined in section  125.40  of  the  penal  law,
    24  abortion  in  the first degree as defined in section 125.45 of the penal
    25  law, rape in the third degree as defined in section 130.25 of the  penal
    26  law, rape in the second degree as defined in section 130.30 of the penal
    27  law,  rape in the first degree as defined in section 130.35 of the penal
    28  law, criminal sexual act in the  third  degree  as  defined  in  section
    29  130.40  of  the  penal  law, criminal sexual act in the second degree as
    30  defined in section 130.45 of the penal law, criminal sexual act  in  the
    31  first degree as defined in section 130.50 of the penal law, sexual abuse
    32  in  the  first  degree  as  defined  in section 130.65 of the penal law,
    33  unlawful imprisonment in the first degree as defined in  section  135.10

    34  of  the penal law, kidnapping in the second degree as defined in section
    35  135.20 of the penal law, kidnapping in the first degree  as  defined  in
    36  section 135.25 of the penal law, labor trafficking as defined in section
    37  135.35  of  the  penal  law,  aggravated labor trafficking as defined in
    38  section 135.37 of the penal law, custodial  interference  in  the  first
    39  degree  as  defined  in section 135.50 of the penal law, coercion in the
    40  first degree as defined in section 135.65 of  the  penal  law,  criminal
    41  trespass  in  the first degree as defined in section 140.17 of the penal
    42  law, burglary in the third degree as defined in section  140.20  of  the
    43  penal law, burglary in the second degree as defined in section 140.25 of
    44  the penal law, burglary in the first degree as defined in section 140.30
    45  of  the  penal  law, criminal mischief in the third degree as defined in

    46  section 145.05 of the penal law, criminal mischief in the second  degree
    47  as  defined in section 145.10 of the penal law, criminal mischief in the
    48  first degree as defined in section 145.12 of  the  penal  law,  criminal
    49  tampering  in the first degree as defined in section 145.20 of the penal
    50  law, arson in the fourth degree as defined  in  section  150.05  of  the
    51  penal law, arson in the third degree as defined in section 150.10 of the
    52  penal  law,  arson  in the second degree as defined in section 150.15 of
    53  the penal law, arson in the first degree as defined in section 150.20 of
    54  the penal law, grand larceny in the fourth degree as defined in  section
    55  155.30 of the penal law, grand larceny in the third degree as defined in
    56  section  155.35  of the penal law, grand larceny in the second degree as

        A. 8070                            21
 

     1  defined in section 155.40 of the penal law, grand larceny in  the  first
     2  degree  as defined in section 155.42 of the penal law, health care fraud
     3  in the fourth degree as defined in section  177.10  of  the  penal  law,
     4  health  care  fraud  in the third degree as defined in section 177.15 of
     5  the penal law, health care fraud in the  second  degree  as  defined  in
     6  section  177.20  of the penal law, health care fraud in the first degree
     7  as defined in section 177.25 of the penal  law,  robbery  in  the  third
     8  degree  as  defined  in  section 160.05 of the penal law, robbery in the
     9  second degree as defined in section 160.10 of the penal law, robbery  in
    10  the first degree as defined in section 160.15 of the penal law, unlawful
    11  use  of  secret  scientific material as defined in section 165.07 of the
    12  penal law, criminal possession of stolen property in the  fourth  degree

    13  as  defined  in  section 165.45 of the penal law, criminal possession of
    14  stolen property in the third degree as defined in section 165.50 of  the
    15  penal  law,  criminal possession of stolen property in the second degree
    16  as defined by section 165.52 of the penal law,  criminal  possession  of
    17  stolen  property in the first degree as defined by section 165.54 of the
    18  penal law, trademark counterfeiting in the second degree as  defined  in
    19  section  165.72  of the penal law, trademark counterfeiting in the first
    20  degree as defined in section 165.73 of the penal  law,  forgery  in  the
    21  second  degree as defined in section 170.10 of the penal law, forgery in
    22  the first degree as defined in section 170.15 of the penal law, criminal
    23  possession of a forged instrument in the second  degree  as  defined  in
    24  section 170.25 of the penal law, criminal possession of a forged instru-

    25  ment  in the first degree as defined in section 170.30 of the penal law,
    26  criminal possession of forgery devices as defined in section  170.40  of
    27  the  penal  law,  falsifying  business  records  in  the first degree as
    28  defined in section 175.10  of  the  penal  law,  tampering  with  public
    29  records  in  the  first degree as defined in section 175.25 of the penal
    30  law, offering a false instrument for  filing  in  the  first  degree  as
    31  defined  in section 175.35 of the penal law, issuing a false certificate
    32  as defined in section 175.40 of the penal  law,  criminal  diversion  of
    33  prescription  medications  and  prescriptions  in  the  second degree as
    34  defined in section 178.20  of  the  penal  law,  criminal  diversion  of
    35  prescription  medications  and  prescriptions  in  the  first  degree as
    36  defined in section 178.25 of the penal law, residential  mortgage  fraud

    37  in  the  fourth  degree  as  defined in section 187.10 of the penal law,
    38  residential mortgage fraud in the third degree  as  defined  in  section
    39  187.15 of the penal law, residential mortgage fraud in the second degree
    40  as  defined  in  section  187.20  of the penal law, residential mortgage
    41  fraud in the first degree as defined in section 187.25 of the penal law,
    42  escape in the second degree as defined in section 205.10  of  the  penal
    43  law,  escape  in  the  first  degree as defined in section 205.15 of the
    44  penal law, absconding from temporary release  in  the  first  degree  as
    45  defined  in section 205.17 of the penal law, promoting prison contraband
    46  in the first degree as defined in  section  205.25  of  the  penal  law,
    47  hindering  prosecution in the second degree as defined in section 205.60
    48  of the penal law, hindering prosecution in the first degree  as  defined

    49  in  section  205.65  of  the  penal  law,  sex trafficking as defined in
    50  section 230.34 of the penal law, criminal possession of a weapon in  the
    51  third  degree  as defined in subdivisions two, three and five of section
    52  265.02 of the penal law, criminal possession of a weapon in  the  second
    53  degree  as  defined  in  section  265.03  of  the  penal  law,  criminal
    54  possession of a weapon in the first degree as defined in section  265.04
    55  of  the penal law, manufacture, transport, disposition and defacement of
    56  weapons and dangerous instruments and appliances defined as felonies  in

        A. 8070                            22
 
     1  subdivisions  one,  two,  and  three of section 265.10 of the penal law,
     2  sections 265.11, 265.12 and 265.13 of the penal law, or  prohibited  use
     3  of  weapons as defined in subdivision two of section 265.35 of the penal

     4  law,  relating  to  firearms  and other dangerous weapons, or failure to
     5  disclose the origin of a recording in the first  degree  as  defined  in
     6  section 275.40 of the penal law;
     7    (h)  Promoting prostitution in the first degree, as defined in section
     8  230.32 of the penal law, promoting prostitution in the second degree, as
     9  defined by subdivision one of section 230.30 of the penal law, promoting
    10  prostitution in the third degree, as defined in section  230.25  of  the
    11  penal law;
    12    §  6.  The penal law is amended by adding a new section 230.01 to read
    13  as follows:
    14  § 230.01 Prostitution; affirmative defense.
    15    In any prosecution under section 230.00, section 230.03 or subdivision
    16  two of section 240.37 of this part, it is an  affirmative  defense  that

    17  the defendant's participation in the offense was a result of having been
    18  a  victim  of  compelling prostitution under section 230.33, a victim of
    19  sex trafficking under section 230.34 of this  article  or  a  victim  of
    20  trafficking  in  persons  under  the  trafficking victims protection act
    21  (United States Code, Title 22, Chapter 78).
    22    § 7. The section heading and subdivision 1 of section  230.02  of  the
    23  penal law, as amended by chapter 627 of the laws of 1978, are amended to
    24  read as follows:
    25    Patronizing a [prostitute] person for prostitution; definitions.
    26    1. A person patronizes a [prostitute] person for prostitution when:
    27    (a) Pursuant to a prior understanding, he or she pays a fee to another

    28  person  as compensation for such person or a third person having engaged
    29  in sexual conduct with him or her; or
    30    (b) He or she pays or agrees to pay a fee to another  person  pursuant
    31  to  an  understanding  that  in  return  therefor such person or a third
    32  person will engage in sexual conduct with him or her; or
    33    (c) He or she solicits or requests another person to engage in  sexual
    34  conduct with him or her in return for a fee.
    35    §  8.  Subdivision  2  of section 230.03 of the penal law, as added by
    36  chapter 191 of the laws of 2011, is amended to read as follows:
    37    2. For the purposes of this section, section 230.08 and section 230.19
    38  of this article, "school zone" means (a) in or on or within  any  build-
    39  ing,  structure,  athletic  playing  field, playground or land contained

    40  within the real property boundary line of a public or private  elementa-
    41  ry, parochial, intermediate, junior high, vocational, or high school, or
    42  (b)  any  public  sidewalk,  street,  parking  lot,  park, playground or
    43  private land, located immediately adjacent to the boundary line of  such
    44  school.
    45    §  9. Section 230.04 of the penal law, as amended by chapter 74 of the
    46  laws of 2007, is amended to read as follows:
    47  § 230.04 Patronizing a [prostitute] person for prostitution in the third
    48             degree.
    49    A person is guilty of patronizing a [prostitute] person for  prostitu-
    50  tion in the third degree when he or she patronizes a [prostitute] person
    51  for prostitution.

    52    Patronizing a [prostitute] person for prostitution in the third degree
    53  is a class A misdemeanor.
    54    §  10. Section 230.05 of the penal law, as added by chapter 627 of the
    55  laws of 1978, is amended to read as follows:

        A. 8070                            23
 
     1  § 230.05 Patronizing a  [prostitute]  person  for  prostitution  in  the
     2             second degree.
     3    A  person is guilty of patronizing a [prostitute] person for prostitu-
     4  tion in the second degree when, being [over] eighteen years [of age] old
     5  or more, he or she patronizes a [prostitute] person for prostitution and

     6  the person patronized is less than [fourteen]  fifteen  years  [of  age]
     7  old.
     8    Patronizing  a  [prostitute]  person  for  prostitution  in the second
     9  degree is a class E felony.
    10    § 11. Section 230.06 of the penal law, as added by chapter 627 of  the
    11  laws of 1978, is amended to read as follows:
    12  § 230.06 Patronizing a [prostitute] person for prostitution in the first
    13             degree.
    14    A  person is guilty of patronizing a [prostitute] person for prostitu-
    15  tion in the first degree when [he]:
    16    1. He or she patronizes a [prostitute] person for prostitution and the
    17  person patronized is less than eleven years [of age] old; or

    18    2. Being eighteen years old or more, he or she patronizes a person for
    19  prostitution and the person patronized is less than thirteen years old.
    20    Patronizing a [prostitute] person for prostitution in the first degree
    21  is a class D felony.
    22    § 11-a. Section 230.07 of the penal law, as amended by chapter  74  of
    23  the laws of 2007, is amended to read as follows:
    24  § 230.07 Patronizing a [prostitute] person for prostitution; defense.
    25    In any prosecution for patronizing a [prostitute] person for prostitu-
    26  tion  in the first or second degrees or patronizing a person for prosti-
    27  tution in a school zone, it is a defense that the defendant did not have
    28  reasonable grounds to believe that the person  was  less  than  the  age
    29  specified.

    30    §  12. The penal law is amended by adding a new section 230.08 to read
    31  as follows:
    32  § 230.08 Patronizing a person for prostitution in a school zone.
    33    1. A person is guilty of patronizing a person for  prostitution  in  a
    34  school  zone  when,  being  twenty-one  years of age or older, he or she
    35  patronizes a person for prostitution and the person patronized  is  less
    36  than  eighteen  years of age at a place that he or she knows, or reason-
    37  ably should know, is in a school zone.
    38    2. For purposes of this section,  "school  zone"  shall  mean  "school
    39  zone" as defined in subdivision two of section 230.03 of this article.
    40    Patronizing  a  person  for prostitution in a school zone is a class E
    41  felony.

    42    § 13. The section heading and the opening paragraph of section  230.10
    43  of the penal law are amended to read as follows:
    44    Prostitution  and  patronizing a [prostitute] person for prostitution;
    45  no defense.
    46    In any prosecution for  prostitution  or  patronizing  a  [prostitute]
    47  person  for  prostitution,  the  sex  of  the two parties or prospective
    48  parties to the sexual conduct engaged in, contemplated or  solicited  is
    49  immaterial, and it is no defense that:
    50    §  14.  The  penal law is amended by adding three new sections 230.11,
    51  230.12 and 230.13 to read as follows:
    52  § 230.11 Aggravated patronizing a minor for prostitution  in  the  third
    53             degree.
    54    A  person is guilty of aggravated patronizing a minor for prostitution

    55  in the third degree when, being twenty-one years old or more, he or  she
    56  patronizes  a  person for prostitution and the person patronized is less

        A. 8070                            24
 
     1  than seventeen years old and the person guilty of patronizing engages in
     2  sexual intercourse, oral sexual conduct, anal sexual conduct, or  aggra-
     3  vated  sexual  conduct  as  those terms are defined in section 130.00 of
     4  this part.
     5    Aggravated patronizing a minor for prostitution in the third degree is
     6  a class E felony.
     7  § 230.12 Aggravated  patronizing  a minor for prostitution in the second
     8             degree.
     9    A person is guilty of aggravated patronizing a minor for  prostitution

    10  in  the  second degree when, being eighteen years old or more, he or she
    11  patronizes a person for prostitution and the person patronized  is  less
    12  than  fifteen  years old and the person guilty of patronizing engages in
    13  sexual intercourse, oral sexual conduct, anal sexual conduct, or  aggra-
    14  vated  sexual  conduct  as  those terms are defined in section 130.00 of
    15  this part.
    16    Aggravated patronizing a minor for prostitution in the  second  degree
    17  is a class D felony.
    18  § 230.13 Aggravated  patronizing  a  minor for prostitution in the first
    19             degree.
    20    A person is guilty of aggravated patronizing a minor for  prostitution
    21  in  the first degree when he or she patronizes a person for prostitution

    22  and the person patronized is less than eleven years old, or being  eigh-
    23  teen  years  old or more, he or she patronizes a person for prostitution
    24  and the person patronized is less  than  thirteen  years  old,  and  the
    25  person  guilty of patronizing engages in sexual intercourse, oral sexual
    26  conduct, anal sexual conduct, or  aggravated  sexual  conduct  as  those
    27  terms are defined in section 130.00 of this part.
    28    Aggravated patronizing a minor for prostitution in the first degree is
    29  a class B felony.
    30    §  15.  Subdivisions  1  and  2 of section 230.15 of the penal law are
    31  amended to read as follows:
    32    1. "Advance prostitution."  A  person  "advances  prostitution"  when,
    33  acting  other  than  as  a  [prostitute]  person in prostitution or as a

    34  patron thereof, he or she knowingly causes or aids a person to commit or
    35  engage in prostitution, procures or solicits patrons  for  prostitution,
    36  provides  persons  or  premises  for  prostitution purposes, operates or
    37  assists in the operation of a house of prostitution  or  a  prostitution
    38  enterprise,  or  engages in any other conduct designed to institute, aid
    39  or facilitate an act or enterprise of prostitution.
    40    2. "Profit from prostitution." A person  "profits  from  prostitution"
    41  when, acting other than as a [prostitute] person in prostitution receiv-
    42  ing  compensation  for  personally rendered prostitution services, he or
    43  she accepts or receives money or other property pursuant to an agreement
    44  or understanding with any person whereby he or she participates or is to

    45  participate in the proceeds of prostitution activity.
    46    § 16. Subdivision 1 of section 230.19 of the penal law,  as  added  by
    47  chapter 191 of the laws of 2011, is amended to read as follows:
    48    1. A person is guilty of promoting prostitution in a school zone when,
    49  being  nineteen  years [of age] old or [older] more, he or she knowingly
    50  advances or profits from prostitution that he or she knows or reasonably
    51  should know is or will be committed in violation of  section  230.03  of
    52  this  article  in  a  school  zone  during  the  hours that school is in
    53  session.
    54    § 17. The opening paragraph and subdivision 1 of section 230.25 of the
    55  penal law, the opening paragraph as amended by chapter 627 of  the  laws

        A. 8070                            25
 

     1  of  1978 and subdivision 1 as amended by chapter 74 of the laws of 2007,
     2  are amended to read as follows:
     3    A  person is guilty of promoting prostitution in the third degree when
     4  he or she knowingly:
     5    1. Advances or profits from  prostitution  by  managing,  supervising,
     6  controlling  or  owning,  either  alone or in association with others, a
     7  house of prostitution or a prostitution business or enterprise involving
     8  prostitution activity by two or more [prostitutes] persons in  prostitu-
     9  tion, or a business that sells travel-related services knowing that such
    10  services include or are intended to facilitate travel for the purpose of
    11  patronizing  a  [prostitute]  person  for  prostitution,  including to a
    12  foreign jurisdiction and regardless of the legality of  prostitution  in

    13  said foreign jurisdiction; or
    14    §  18.  Section  230.30 of the penal law, as amended by chapter 627 of
    15  the laws of 1978, is amended to read as follows:
    16  § 230.30 Promoting prostitution in the second degree.
    17    A person is guilty of promoting prostitution in the second degree when
    18  he or she knowingly:
    19    1. Advances prostitution by compelling a person  by  force  or  intim-
    20  idation to engage in prostitution, or profits from such coercive conduct
    21  by another; or
    22    2.  Advances  or  profits  from  prostitution  of  a  person less than
    23  [sixteen] eighteen years old.
    24    Promoting prostitution in the second degree is a class C felony.
    25    § 19. The first undesignated paragraph of section 230.32 of the  penal
    26  law,  as added by chapter 627 of the laws of 1978, is amended to read as
    27  follows:

    28    A person is guilty of promoting prostitution in the first degree  when
    29  he or she:
    30    1.  knowingly  advances  or profits from prostitution of a person less
    31  than [eleven] thirteen years old; or
    32    2. being twenty-one years old or more, he or she knowingly advances or
    33  profits from prostitution of a person less than fifteen years of age.
    34    § 20. Section 230.33 of the penal law, as added by chapter 450 of  the
    35  laws of 2005, is amended to read as follows:
    36  § 230.33 Compelling prostitution.
    37    A person is guilty of compelling prostitution when, being [twenty-one]
    38  eighteen  years  [of  age  or  older]  old  or more, he or she knowingly
    39  advances prostitution by compelling a person less than  [sixteen]  eigh-

    40  teen years old, by force or intimidation, to engage in prostitution.
    41    Compelling prostitution is a class B felony.
    42    § 21. Intentionally omitted.
    43    §  22.  Section  230.35 of the penal law, as amended by chapter 450 of
    44  the laws of 2005, is amended to read as follows:
    45  § 230.35 Promoting or compelling prostitution; accomplice.
    46    In a prosecution for promoting prostitution  or  compelling  prostitu-
    47  tion,  a  person  less than [seventeen] eighteen years [of age] old from
    48  whose prostitution activity another person is alleged to  have  advanced
    49  or  attempted to advance or profited or attempted to profit shall not be
    50  deemed to be an accomplice.
    51    § 23. The first undesignated paragraph of section 230.40 of the  penal
    52  law is amended to read as follows:

    53    A  person is guilty of permitting prostitution when, having possession
    54  or control of premises or vehicle which he or she knows are  being  used
    55  for  prostitution purposes or for the purpose of advancing prostitution,
    56  he or she fails to make reasonable effort to halt or abate such use.

        A. 8070                            26
 
     1    § 24. Subdivision 2 of section 240.37 of the penal law,  as  added  by
     2  chapter 344 of the laws of 1976, is amended, and subdivision 3 is renum-
     3  bered subdivision 4 and a new subdivision 3 is added to read as follows:
     4    2.  Any  person  who  remains  or  wanders about in a public place and
     5  repeatedly beckons to, or repeatedly stops, or  repeatedly  attempts  to
     6  stop,  or  repeatedly  attempts to engage passers-by in conversation, or

     7  repeatedly stops or attempts  to  stop  motor  vehicles,  or  repeatedly
     8  interferes  with  the  free passage of other persons, for the purpose of
     9  prostitution[, or of patronizing a prostitute as  those  terms  are]  as
    10  that  term  is  defined in article two hundred thirty of [the penal law]
    11  this part, shall be guilty of a violation and is guilty  of  a  class  B
    12  misdemeanor  if such person has previously been convicted of a violation
    13  of this section or of [sections] section  230.00  [or  230.05]  of  [the
    14  penal law] this part.
    15    3.  Any  person  who  remains  or  wanders about in a public place and
    16  repeatedly beckons to, or repeatedly stops, or  repeatedly  attempts  to

    17  stop,  or  repeatedly  attempts to engage passers-by in conversation, or
    18  repeatedly stops or attempts  to  stop  motor  vehicles,  or  repeatedly
    19  interferes  with  the  free passage of other persons, for the purpose of
    20  patronizing a person for prostitution as defined in  section  230.02  of
    21  this  part,  shall  be  guilty of a violation and is guilty of a class B
    22  misdemeanor if such person has previously been convicted of a  violation
    23  of  this  section or of section 230.04, 230.05, 230.06 or 230.08 of this
    24  part.
    25    § 25. Subdivision 6 of section 380.50 of the criminal  procedure  law,
    26  as  amended  by  chapter  320 of the laws of 2006, is amended to read as
    27  follows:
    28    6. Regardless of whether the victim requests to make a statement  with

    29  regard to the defendant's sentence, where the defendant is sentenced for
    30  a violent felony offense as defined in section 70.02 of the penal law or
    31  a  felony  defined in article one hundred twenty-five of such law or any
    32  of the following provisions of such law sections 130.25, 130.30, 130.40,
    33  130.45, 255.25, 255.26, 255.27, article two hundred sixty-three, 135.10,
    34  135.25, 230.05, 230.06,  230.11,  230.12,  230.13,  subdivision  two  of
    35  section 230.30 or 230.32, the prosecutor shall, within sixty days of the
    36  imposition  of  sentence,  provide  the  victim with a form on which the
    37  victim may indicate a demand to be informed of any  petition  to  change
    38  the  name  of  such  defendant.   Such forms shall be maintained by such
    39  prosecutor. Upon receipt of a notice of a petition to change the name of
    40  any such defendant, pursuant to subdivision two of section sixty-two  of

    41  the civil rights law, the prosecutor shall promptly notify the victim at
    42  the  most current address or telephone number provided by such victim in
    43  the most reasonable and expedient possible manner of the time and  place
    44  such petition will be presented to the court.
    45    § 26. Paragraph (i) of subdivision 1 of section 440.10 of the criminal
    46  procedure  law,  as added by chapter 332 of the laws of 2010, is amended
    47  to read as follows:
    48    (i) The judgment is a conviction where the arresting charge was  under
    49  section  240.37 (loitering for the purpose of engaging in a prostitution
    50  offense, provided that the defendant was not alleged to be loitering for
    51  the purpose of patronizing a prostitute or  promoting  prostitution)  or
    52  230.00  (prostitution)  or  230.03 of the penal law, and the defendant's
    53  participation in the offense was a result of having been a victim of sex

    54  trafficking under section 230.34 of the  penal  law,  labor  trafficking
    55  under  section  135.35  of  the  penal law, aggravated labor trafficking
    56  under section 135.37 of the penal  law,  compelling  prostitution  under

        A. 8070                            27
 
     1  section  230.33  of  the  penal law, or trafficking in persons under the
     2  Trafficking Victims Protection Act (United States Code, title 22,  chap-
     3  ter 78); provided that
     4    (i)  a  motion  under this paragraph shall be made with due diligence,
     5  after the defendant has ceased to be a victim  of  such  trafficking  or
     6  compelling prostitution crime or has sought services for victims of such
     7  trafficking  or  compelling  prostitution  crime,  subject to reasonable

     8  concerns for the safety of the defendant, family members of the  defend-
     9  ant,  or  other  victims  of such trafficking or compelling prostitution
    10  crime that may be jeopardized by the bringing of  such  motion,  or  for
    11  other reasons consistent with the purpose of this paragraph; and
    12    (ii)  official  documentation of the defendant's status as a victim of
    13  [sex] trafficking, compelling prostitution or trafficking in persons  at
    14  the time of the offense from a federal, state or local government agency
    15  shall  create  a  presumption  that the defendant's participation in the
    16  offense was a result of having been a victim of sex trafficking, compel-
    17  ling prostitution or trafficking in persons, but shall not  be  required
    18  for granting a motion under this paragraph.
    19    § 27. Intentionally omitted.

    20    § 28. Section 483-bb of the social services law is amended by adding a
    21  new subdivision (c) to read as follows:
    22    (c) An individual who is a victim of the conduct prohibited by section
    23  230.33,  230.34,  135.35  or  135.37  of the penal law may bring a civil
    24  action against the perpetrator or whoever knowingly advances or  profits
    25  from,  or whoever should have known he or she was advancing or profiting
    26  from, an act in violation of section 230.33, 230.34, 135.35 or 135.37 of
    27  the penal law to recover damages and reasonable attorney's fees.
    28    § 29. Section 212 of the civil practice law and rules  is  amended  by
    29  adding a new subdivision (e) to read as follows:
    30    (e)  By a victim of sex trafficking, compelling prostitution, or labor

    31  trafficking. An action by a victim of sex trafficking, compelling  pros-
    32  titution,  labor  trafficking  or  aggravated labor trafficking, brought
    33  pursuant to subdivision (c) of section four hundred  eighty-three-bb  of
    34  the  social  services  law, may be commenced within ten years after such
    35  victimization occurs provided, however, that such ten year period  shall
    36  not  begin  to  run  and  shall be tolled during any period in which the
    37  victim is or remains subject to such conduct.
    38    § 30. Subdivision (a) of section 483-cc of the social services law, as
    39  added by chapter 74 of the laws of 2007, is amended to read as follows:
    40    (a) As soon as practicable after a first encounter with a  person  who
    41  reasonably  appears  to a law enforcement agency [or a], district attor-

    42  ney's office, or an established provider of  social  or  legal  services
    43  designated  by  the office of temporary and and disability assistance or
    44  the office for the prevention of domestic  violence  or  the  office  of
    45  victim  services  to be a human trafficking victim, that [agency or] law
    46  enforcement agency or district attorney's office shall notify the office
    47  of temporary and disability assistance  and  the  division  of  criminal
    48  justice  services  that  such  person may be eligible for services under
    49  this article or, in the case of an established  provider  of  social  or
    50  legal  services,  shall  notify  the  office of temporary and disability
    51  assistance and the division of criminal justice services if such  victim

    52  consents to seeking services pursuant to this article.
    53    § 31. Intentionally omitted.
    54    § 32. Section 14 of chapter 74 of the laws of 2007, amending the penal
    55  law, the criminal procedure law, the correction law, the social services

        A. 8070                            28
 
     1  law,  and the executive law relating to human trafficking, as amended by
     2  chapter 24 of the laws of 2011, is amended to read as follows:
     3    §  14.    This  act  shall  take  effect on the first of November next
     4  succeeding the date on which it shall have become a law;  provided  that
     5  section 483-ee of the social services law, as added by section eleven of
     6  this  act,  shall take effect immediately and shall remain in full force
     7  and effect until September 1,  [2013]  2017  when  upon  such  date  the

     8  provisions  of  such  section  shall  expire  and  be  deemed  repealed.
     9  Provided, effective immediately, the addition, amendment  and/or  repeal
    10  of any rule or regulation necessary for the timely implementation of the
    11  provisions  of  article  10-D  of  the  social services law, as added by
    12  section eleven of this act, on its effective date are authorized  to  be
    13  made on or before such effective date.
    14    §  33.  Subdivision (p) of section 10.03 of the mental hygiene law, as
    15  added by chapter 7 of the laws of 2007, is amended to read as follows:
    16    (p) "Sex offense" means an act or acts constituting:  (1)  any  felony
    17  defined  in  article  one  hundred  thirty of the penal law, including a
    18  sexually motivated felony; (2) patronizing  a  [prostitute]  person  for
    19  prostitution  in  the  first  degree as defined in section 230.06 of the

    20  penal law, aggravated patronizing a minor for prostitution in the  first
    21  degree as defined in section 230.13 of the penal law, aggravated patron-
    22  izing  a  minor  for  prostitution  in  the  second degree as defined in
    23  section 230.12 of the penal law,  aggravated  patronizing  a  minor  for
    24  prostitution  in  the  third  degree as defined in section 230.11 of the
    25  penal law, incest in the second degree as defined in section  255.26  of
    26  the  penal  law,  or  incest  in  the first degree as defined in section
    27  255.27 of the penal law; (3) a felony attempt or  conspiracy  to  commit
    28  any  of  the  foregoing offenses set forth in this subdivision; or (4) a
    29  designated felony, as defined in subdivision (f)  of  this  section,  if
    30  sexually  motivated  and  committed  prior to the effective date of this
    31  article.

    32    § 34. Subparagraph (i) of paragraph (a) of subdivision  2  of  section
    33  168-a  of  the  correction law, as amended by chapter 405 of the laws of
    34  2008, is amended to read as follows:
    35    (i) a conviction of or a conviction for an attempt to  commit  any  of
    36  the  provisions  of  sections  120.70,  130.20,  130.25, 130.30, 130.40,
    37  130.45, 130.60, 230.34, 250.50, 255.25, 255.26 and 255.27 or article two
    38  hundred sixty-three of the penal law, or section 135.05, 135.10,  135.20
    39  or  135.25  of  such  law  relating to kidnapping offenses, provided the
    40  victim of such kidnapping or related  offense  is  less  than  seventeen
    41  years  old  and the offender is not the parent of the victim, or section
    42  230.04, where the person patronized is in fact less than seventeen years
    43  of age, 230.05 [or], 230.06, [or] 230.11,  230.12,  230.13,  subdivision

    44  two  of  section  230.30, [or] section 230.32 [or], 230.33, or 230.34 of
    45  the penal law, or section 230.25 of the penal law where the person pros-
    46  tituted is in fact less than seventeen years old, or
    47    § 35.  Paragraph  (b)  of  subdivision  1  of  section  168-d  of  the
    48  correction law, as amended by chapter 74 of the laws of 2007, is amended
    49  to read as follows:
    50    (b)  Where a defendant stands convicted of an offense defined in para-
    51  graph (b) of subdivision two of section  one  hundred  sixty-eight-a  of
    52  this  article  or  where  the  defendant  was convicted of patronizing a
    53  [prostitute] person for prostitution in the third degree  under  section
    54  230.04 of the penal law and the defendant controverts an allegation that

    55  the  victim  of  such offense was less than eighteen years of age or, in
    56  the case of a conviction under section 230.04 of  the  penal  law,  less

        A. 8070                            29
 
     1  than  seventeen years of age, the court, without a jury, shall, prior to
     2  sentencing, conduct a hearing, and the people may  prove  by  clear  and
     3  convincing  evidence  that  the  victim was less than eighteen years [of
     4  age]  old  or  less than seventeen years [of age] old, as applicable, by
     5  any evidence admissible under the rules applicable to  a  trial  of  the
     6  issue  of  guilt.  The court in addition to such admissible evidence may
     7  also consider  reliable  hearsay  evidence  submitted  by  either  party
     8  provided  that  it  is  relevant  to the determination of the age of the

     9  victim. Facts concerning the age of the victim proven at trial or ascer-
    10  tained at the time of entry of a plea of guilty shall be  deemed  estab-
    11  lished by clear and convincing evidence and shall not be relitigated. At
    12  the  conclusion  of the hearing, or if the defendant does not controvert
    13  an allegation that the victim of the  offense  was  less  than  eighteen
    14  years  [of age] old or less than seventeen years [of age] old, as appli-
    15  cable, the court must make a finding and enter an  order  setting  forth
    16  the  age  of  the  victim.  If  the  court finds that the victim of such
    17  offense was under eighteen years [of age] old or under  seventeen  years
    18  [of  age] old, as applicable, the court shall certify the defendant as a

    19  sex offender, the provisions of paragraph (a) of this subdivision  shall
    20  apply  and  the defendant shall register with the division in accordance
    21  with the provisions of this article.
    22    § 36. Paragraph (c) of subdivision 4 of section 509-cc of the  vehicle
    23  and  traffic  law,  as  amended  by  chapter 400 of the laws of 2011, is
    24  amended to read as follows:
    25    (c) The offenses referred to in subparagraph (i) of paragraph  (b)  of
    26  subdivision one and subparagraph (i) of paragraph (c) of subdivision two
    27  of  this  section  that  result in disqualification for a period of five
    28  years shall include a conviction under sections 100.10, 105.13,  115.05,
    29  120.03,  120.04,  120.04-a,  120.05,  120.10,  120.25,  121.12,  121.13,
    30  125.40, 125.45, 130.20, 130.25, 130.52, 130.55, 135.10, 135.55,  140.17,
    31  140.25,  140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06, 220.09,

    32  220.16, 220.31, 220.34, 220.60, 220.65, 221.30, 221.50, 221.55,  230.00,
    33  230.05,  230.06, 230.11, 230.12, 230.13, 230.19, 230.20, 235.05, 235.06,
    34  235.07, 235.21, 240.06,  245.00,  260.10,  subdivision  two  of  section
    35  260.20  and  sections  260.25,  265.02,  265.03, 265.08, 265.09, 265.10,
    36  265.12, 265.35 of the penal law or an attempt to commit any of the afor-
    37  esaid offenses under section 110.00 of the penal  law,  or  any  similar
    38  offenses  committed  under  a  former  section  of the penal law, or any
    39  offenses committed under a former section of the penal law  which  would
    40  constitute violations of the aforesaid sections of the penal law, or any
    41  offenses  committed outside this state which would constitute violations
    42  of the aforesaid sections of the penal law.
    43    § 36-a. The vehicle and traffic law is amended by adding a new section
    44  510-d to read as follows:

    45    § 510-d. Suspension and revocation of class E driver's licenses. 1.  A
    46  class  E  driver's  license shall be suspended by the commissioner for a
    47  period of one year where the holder  is  convicted  of  a  violation  of
    48  section  230.20,  230.25,  230.30, 230.32, 230.34 or 230.40 of the penal
    49  law and the holder used a for hire motor vehicle to commit such crime.
    50    2. A class E driver's license may be revoked by the commissioner  when
    51  the holder, who had his or her driver's license suspended under subdivi-
    52  sion  one  of  this section within the last ten years, is convicted of a
    53  second violation of section 230.20, 230.25, 230.30,  230.32,  230.34  or
    54  230.40  of the penal law and the holder used a for hire motor vehicle to
    55  commit such crime.

        A. 8070                            30
 
     1    3. Any revocation or suspension of a class E driver's  license  issued
     2  pursuant to this article shall be applicable only to that portion of the
     3  holder's  driver's license or privilege which permits the operation of a
     4  motor vehicle transporting passengers for  hire,  and  the  commissioner
     5  shall  immediately  issue  a  license,  other  than  a  class E driver's
     6  license, to such person, provided that such person is otherwise eligible
     7  to receive such license and further provided that issuing a  license  to
     8  such person does not create a substantial traffic safety hazard.
     9    4.  The  provisions  of this section shall not be construed to prevent

    10  any person who has the authority to suspend or revoke a license to drive
    11  or privilege of operating pursuant to section five hundred ten  of  this
    12  article from exercising any such authority.
    13    §  37.  Section 2324-a of the public health law, as amended by chapter
    14  260 of the laws of 1978, is amended to read as follows:
    15    § 2324-a. Presumptive evidence.  For the purposes of this  title,  two
    16  or more convictions of any person or persons had, within a period of one
    17  year,  for  any  of  the  offenses  described in section 230.00, 230.05,
    18  230.06, 230.08, 230.11, 230.12, 230.13, 230.20, 230.25 [or],  230.30  or
    19  230.32  of  the  penal law arising out of conduct engaged in at the same
    20  real property consisting of a dwelling as that term is defined in subdi-

    21  vision four of section four  of  the  multiple  dwelling  law  shall  be
    22  presumptive  evidence  of  conduct  constituting use of the premises for
    23  purposes of prostitution.
    24    § 38. Subdivision 2 of section 715 of the real  property  actions  and
    25  proceedings law, as added by chapter 494 of the laws of 1976, is amended
    26  to read as follows:
    27    2. For purposes of this section, two or more convictions of any person
    28  or  persons  had,  within  a period of one year, for any of the offenses
    29  described in section 230.00, 230.05,  230.06,  230.11,  230.12,  230.13,
    30  230.20, 230.25, 230.30, 230.32 or 230.40 of the penal law arising out of
    31  conduct engaged in at the same real property consisting of a dwelling as
    32  that term is defined in subdivision four of section four of the multiple
    33  dwelling  law  shall be presumptive evidence of conduct constituting use

    34  of the premises for purposes of prostitution.
    35    § 39. Subdivision 3 of section  231  of  the  real  property  law,  as
    36  amended  by  chapter  203  of  the  laws  of 1980, is amended to read as
    37  follows:
    38    3. For the purposes of this section, two or more  convictions  of  any
    39  person  or  persons  had,  within  a  period of one year, for any of the
    40  offenses described in section 230.00, 230.05,  230.06,  230.11,  230.12,
    41  230.13,  230.20, 230.25, 230.30, 230.32 or 230.40 of the penal law aris-
    42  ing out of conduct engaged in at  the  same  premises  consisting  of  a
    43  dwelling  as that term is defined in subdivision four of section four of
    44  the multiple dwelling law shall be presumptive evidence of unlawful  use
    45  of such premises and of the owners knowledge of the same.
    46    §  40. Subdivision 3 of section 840 of the executive law is amended by

    47  adding a new paragraph (f-1) to read as follows:
    48    (f-1) Develop, maintain and  disseminate,  in  consultation  with  the
    49  office of temporary and disability assistance and the division of crimi-
    50  nal  justice  services,  written policies and procedures regarding human
    51  trafficking victims. Such policies and procedures shall include, but not
    52  be limited to the following: (1) the identification of potential victims
    53  of human trafficking, as defined  under  section  four  hundred  eighty-
    54  three-aa of the social services law; and (2) information and/or referral
    55  to  appropriate social and legal services for victims of human traffick-

        A. 8070                            31
 
     1  ing in accordance with  section  four  hundred  eighty-three-bb  of  the

     2  social services law;
     3    §  41.  The  executive law is amended by adding a new section 214-d to
     4  read as follows:
     5    § 214-d. Human trafficking awareness. The superintendent, in consulta-
     6  tion with the office of temporary  and  disability  assistance  and  the
     7  division  of criminal justice services, shall: (1) develop, maintain and
     8  disseminate to all members of the state police, including new and veter-
     9  an officers, written  policies,  procedures  and  educational  materials
    10  relating  to human trafficking victims, including services available for
    11  victims of human trafficking, as  referenced  in  section  four  hundred
    12  eighty-three-bb of the social services law; and (2) establish and imple-

    13  ment  written procedures and policies in the event a member of the divi-
    14  sion of state police encounters an individual believed to be a victim of
    15  human trafficking, which shall include,  but  not  be  limited  to,  the
    16  provision  of  information and/or referral to an appropriate provider of
    17  social and legal services to human trafficking  victims,  in  accordance
    18  with such section four hundred eighty-three-bb.
    19    §  42.  This act shall take effect on the ninetieth day after it shall
    20  have become a law.
 
    21                                   PART I
 
    22    Section 1. Subdivision 21-e of section 292 of the  executive  law,  as
    23  added  by chapter 269 of the laws of 1997, is amended and a new subdivi-
    24  sion 21-f is added to read as follows:
    25    21-e. The term "reasonable accommodation" means  actions  taken  which

    26  permit an employee, prospective employee or member with a disability, or
    27  a  pregnancy-related  condition,  to  perform in a reasonable manner the
    28  activities involved in the job or occupation sought or held and include,
    29  but are not limited to, provision of an accessible worksite, acquisition
    30  or modification of equipment, support services for persons with impaired
    31  hearing or  vision,  job  restructuring  and  modified  work  schedules;
    32  provided,  however, that such actions do not impose an undue hardship on
    33  the business, program or enterprise of the entity from which  action  is
    34  requested.
    35    21-f. The term "pregnancy-related condition" means a medical condition
    36  related  to  pregnancy  or  childbirth  that  inhibits the exercise of a
    37  normal bodily function or is demonstrable by medically accepted clinical

    38  or laboratory diagnostic techniques;  provided,  however,  that  in  all
    39  provisions  of  this  article dealing with employment, the term shall be
    40  limited to conditions which, upon the provision of  reasonable  accommo-
    41  dations,  do not prevent the complainant from performing in a reasonable
    42  manner the activities involved in the job or occupation sought or  held;
    43  and  provided  further, however, that pregnancy-related conditions shall
    44  be treated as temporary disabilities for the purposes of this article.
    45    § 2. Paragraph (a) of subdivision 3 of section 296  of  the  executive
    46  law, as added by chapter 269 of the laws of 1997, is amended and two new
    47  paragraphs (c) and (d) are added to read as follows:
    48    (a)  It  shall be an unlawful discriminatory practice for an employer,

    49  licensing agency, employment agency or labor organization to  refuse  to
    50  provide reasonable accommodations to the known disabilities, or pregnan-
    51  cy-related conditions, of an employee, prospective employee or member in
    52  connection with a job or occupation sought or held or participation in a
    53  training program.

        A. 8070                            32
 
     1    (c) The employee must cooperate in providing medical or other informa-
     2  tion  that  is  necessary  to  verify the existence of the disability or
     3  pregnancy-related condition, or that is necessary for  consideration  of
     4  the  accommodation. The employee has a right to have such medical infor-
     5  mation kept confidential.
     6    (d)  Nothing  in this subdivision regarding "reasonable accommodation"

     7  or in part D of the chapter of the laws of two thousand  thirteen  which
     8  added  this  paragraph shall alter, diminish, increase, or create new or
     9  additional requirements to accommodate  protected  classes  pursuant  to
    10  this  article  other  than the additional requirements as explicitly set
    11  forth in such chapter of the laws of two thousand thirteen.
    12    § 3. This act shall take effect on the ninetieth day  after  it  shall
    13  have become a law.
 
    14                                   PART J
 
    15    Section  1.  The  public health law is amended by adding a new section
    16  4166 to read as follows:
    17    § 4166. Access to reproductive services. The state shall  not  deny  a
    18  woman's  right to obtain an abortion as established by the United States

    19  Supreme Court in the decision Roe v. Wade, 410 U.S.113 (1973).  Notwith-
    20  standing  any  law to the contrary, New York protects a woman's right to
    21  terminate a pregnancy within twenty-four weeks from commencement of  her
    22  pregnancy,  or  when  necessary  to  protect a woman's life or health as
    23  determined by a licensed physician.
    24    Nothing in this section shall be construed to conflict with any appli-
    25  cable state or federal  law  or  regulation  permitting  a  health  care
    26  provider to refrain from providing abortions due to the provider's reli-
    27  gious or moral beliefs.
    28    Nothing in this section shall conflict with the partial birth abortion
    29  ban codified under 18 USC section 1531.

    30    No  prosecution or proceeding shall be brought or maintained under the
    31  penal law or otherwise for acts that are authorized or permitted  pursu-
    32  ant to this section or by  this chapter and the education law.
    33    Subdivisions  two  and  three  of  section  125.05, subdivision two of
    34  section 125.15, subdivision three of section 125.20 and sections 125.40,
    35  125.45, 125.50, 125.55 and 125.60 of the penal law are  hereby  repealed
    36  to the extent that they are inconsistent with this section.
    37    §  2.  This  act shall take effect on the thirtieth day after it shall
    38  have become a law.
    39    § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
    40  sion, section or part of this act shall be adjudged by a court of compe-

    41  tent jurisdiction to be invalid, such judgment shall not affect,  impair
    42  or invalidate the remainder thereof, but shall be confined in its opera-
    43  tion  to  the  clause, sentence, paragraph, subdivision, section or part
    44  thereof directly involved in the  controversy  in  which  such  judgment
    45  shall  have been rendered. It is hereby declared to be the intent of the
    46  legislature that this act would have been enacted even if  such  invalid
    47  provisions had not been included herein.
    48    §  4.  This  act shall take effect immediately provided, however, that
    49  the applicable effective date of Parts A through J of this act shall  be
    50  as specifically set forth in the last section of such Parts.
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