A09804 Summary:

BILL NO    A09804 

SAME AS    No same as 

SPONSOR    Paulin (MS)

COSPNSR    Dinowitz, Scarborough, Rosenthal, Cook, Lancman, Lavine, Zebrowski,
           Abbate, Cusick, Englebright, Galef, Gibson, Gunther, Jaffee,
           Magnarelli, Markey, Millman, Moya, Reilly, Roberts, Weisenberg,
           Perry, Titone, Quart, Simotas, Braunstein

MLTSPNSR   Boyland, Boyle, Colton, Crouch, Glick, Graf, Heastie, Jacobs,
           Lupardo, McEneny, Montesano, Nolan, Simanowitz, Thiele

Rpld S230.07, amd Pen L, generally; amd SS170.15, 380.50, 440.10 & 700.05, CP
L; amd S483-cc, Soc Serv L; amd S10.03, Ment Hyg L; amd SS168-a & 168-d, Cor L;
amd S995, Exec L; amd S509-cc, V & T L; amd S2324-a, Pub Health L; amd S715,
RPAP L; amd S231, RP L

Establishes the "trafficking victims protection and justice act"; makes various
provisions relating to prostitution offenses; creates crimes of aggravated
patronizing a minor for prostitution.
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A09804 Actions:

BILL NO    A09804 

04/10/2012 referred to codes
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A09804 Votes:

There are no votes for this bill in this legislative session.
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A09804 Memo:

BILL NUMBER:A9804               REVISED 4/19/12

TITLE OF BILL:  An act to amend the penal law, the criminal procedure
law, the social services law, the mental hygiene law, the correction
law, the executive 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 prostitution offenses; and to repeal section 230.07
of the penal law relating thereto

PURPOSE:.This bill would improve the State's response to human traffick-
ing and increase the accountability of buyers and traffickers by (i)
conforming the ages of victims in certain prostitution offenses under
Article 230 of the Penal Law to the ages of victims of rape offenses
under Article 130 of the Penal Law, (ii) making sex trafficking a Class
B violent felony and labor trafficking a Class B felony, (iii) improving
the school zone prostitution law by adding as a Class E felony the
offense of patronizing a person for prostitution in a school zone and
removing the scienter requirement in the offense of promoting prostitu-
tion in a school zone. This bill would also create three aggravated
patronizing offenses where the person patronized is a minor: aggravated
patronizing a minor for prostitution in the third degree, a Class E
felony; aggravated patronizing a minor for prostitution in the second
degree, a Class D felony; and aggravated patronizing a minor for prosti-
tution in the first degree, a Class B felony.

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

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

Section 2 amends section 60.13 of the Penal Law, as added by Chapter 7
of the Laws of 2007, to add aggravated patronizing a minor for prostitu-
tion in the third degree as defined in section 230.11, aggravated
patronizing a minor for prostitution in the second degree as defined in
section 230.12, and aggravated patronizing a minor for prostitution in
the first degree as defined in section 230.13, as felony sex offenses.

Section 3 amends paragraph (a) of subdivision 1 of section 70.02 of the
Penal Law, as amended by Chapter 320 of the Laws of 2006, to add sex
trafficking as defined in section 230.34 as a Class B violent felony
offense.

Section 4 amends paragraph (a) of subdivision 1 of section 70.00 of the
Penal Law, as added by Chapter 7 of the Laws of 2007, to add patronizing
a person for prostitution in the second degree, aggravated patronizing a
minor for prostitution in the third degree, aggravated patronizing a
minor for prostitution in the second degree and aggravated patronizing a
minor for prostitution in the first degree as felony sex offenses.

Section 5 amends section 135.35 of the Penal Law, as added by Chapter 74
of the Laws of 2007, to provide that labor trafficking is a Class B
felony, in lieu of a Class D felony.

Section 6 amends the Penal Law by adding a new section 230.01 to provide
for an affirmative defense in any prosecution Under section 230.00 or
section 240.37(3) of the Penal Law that the defendant's participation in
the offense was a result of having been a victim of sex trafficking
under section 230.34 of the Penal Law or a victim of trafficking under
the federal Trafficking Victims Protection Act.

Section 7 amends section 230.02 of the Penal Law, as amended by Chapter
627 of the Laws of 1978, to replace the term "prostitute" with "person
for prostitution" and to make the section gender neutral.

Section 8 amends subdivision 2 of section 230.03 of the Penal Law, as
added by Chapter 191 of the Laws of 2011, to provide that the definition
of school zone also applies for purposes of section 230.08, patronizing
a person for prostitution in a school zone.

Section 9 repeals section 230.07 of the Penal Law and amends the Penal
Law by adding a new section 230.08 to provide a new offense, patronizing
a person for prostitution in a school zone. A person is guilty of
patronizing a person for prostitution in a school zone when he or she
commits the crime of patronizing a person for prostitution in violation
of section 230.04, 230.05 or 230.06 of the Penal Law in a school zone
during the hours that school is in session. This section provides that
patronizing a person for prostitution in a school zone is a Class E
felony.

Section 10 amends section 230.04 of the Penal Law, as amended by Chapter
74 of the Laws of 2007, to replace the term "prostitute" with "person
for prostitution."

Section 11 amends section 230.05 of the Penal Law, as amended by Chapter
627 of the Laws of 1978, to provide that a person is guilty of patroniz-
ing a person for prostitution in the second degree when being 18 years
old or more, he or she patronizes a person for prostitution and the
person patronized is less than 15 years old. Current law provides that a
person is guilty of this offense where he is over age 18 and the person
patronized is less.than 14 years old. The section also replaces the term
"prostitute" with "person for prostitution" and makes the section gender
neutral.

Section 12 amends section 230.06 of the Penal Law, as added by Chapter
627 of the Laws of 1978, to add that a person is guilty of patronizing a
Person for prostitution in the first degree when being 18 years old or
more he or she patronizes a person for prostitution and the person
patronized is less than 13 years old.  The section also replaces the
term "prostitute" with "person for prostitution" and makes the section
gender neutral.

Section 13 amends section 230.10 of the Penal Law to replace the term
"prostitute" with "person for prostitution."

Section 14 amends the Penal Law by adding three new sections 230.11,
230.12 and 230.13. New section 230.11 creates the new offense of aggra-
vated patronizing a minor for prostitution in the third degree.  A
person is guilty of aggravated patronizing a minor for prostitution in
the third degree when, being 21 years old or more, he or she patronizes
a person for prostitution and the person patronized is less than 18
years old and the person guilty of patronizing engages in sexual inter-
course, oral sexual conduct, anal sexual conduct, or aggravated sexual
conduct. Aggravated patronizing a minor for prostitution in the third
degree is a Class B felony.

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

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

Section 15 amends subdivisions 1and 2 of section 230.15 of the Penal Law
to replace the term "prostitute" with "person for prostitution" and
makes the-section gender neutral.

Section 16 amends subdivision 1 of section 230.19 of the Penal Law, as
added by Chapter 191 of the Laws of 2011, to eliminate the scienter
requirement so that a person is guilty of promoting prostitution in a
school zone when, being 19 years old or more, he or she knowingly
advances or profits from prostitution in a school zone during the hours
that school is in session.

Section 17 amends the opening paragraph and subdivisions 1 and 2 of
section 230.25 of the Penal Law, the opening paragraph and subdivision 2
as amended by Chapter 627 of the Laws of 1978 and subdivision 1 as
amended by Chapter 74 of the Laws of 2007, to add that a person is guil-
ty of promoting prostitution in the third degree when he or she profits
from prostitution by engaging, either alone or in association with

others, in a business or enterprise consisting of the transporting of a
person or persons for the purposes of prostitution. The section also
replaces the term "prostitute" with "person for prostitution" and makes
the section gender neutral.

Section 18 amends the opening paragraph of section 230.30 of the Penal
Law, as amended by Chapter 627 of the Laws of 1978, to make the section
gender neutral.

Section 19 amends section 230,32 of the Penal Law, as added by Chapter
627 of the Laws of 1978, by providing that a person is guilty of promot-
ing prostitution in the first degree when he or she knowingly advances
or profits from prostitution of a person less than 13 years old, in lieu
of less than 11 years old.

Section 20 amends section 230.33 of the Penal Law, as added by Chapter
450 of the Laws of 2005, by providing that a person is guilty of compel-
ling prostitution when, being 21 years old or more, he or she knowingly
advances prostitution by compelling by force or intimidation a person
less than 18 years old, in lieu of less than 16 years old, to engage in
prostitution.

Section 21 amends subdivision 1 and paragraph (h) of subdivision 5 of
section 230.34 of the Penal Law, as added by Chapter 74 of the Laws of
2007, by adding to the substances that are unlawfully provided to a
person who is patronized with intent to impair such person's judgment
marijuana and methylenedioxymethamphetamine (MOMA), also known as Ecsta-
sy, The section also adds a new subdivision 6 to provide that a person
is guilty of sex trafficking if he or she intentionally advances or
profits from prostitution by knowingly advancing prostitution, of a
person less than 18 years old.

Section 22 amends section 230.35 of the Penal Law, as amended by Chapter
450 of the Laws of 2005, by providing that in a prosecution for promot-
ing prostitution or compelling prostitution, a person less than 18 years
old from whose prostitution activity another person is alleged to have
advance or attempted to advance or profited or attempted to profit shall
not be deemed to be an accomplice. Current law provides that a person
less than 17 years old. under such circumstances shall not be deemed an
accomplice.

Section 23 amends section 230.40 of the Penal Law to add that a person
is guilty of permitting prostitution when, having possession or control
of a vehicle that he or she knows is being used for prostitution or for
the purpose of advancing prostitution, he or she fails to make reason-
able effort to halt or abate such use.

Section 24 amends subdivision 2 of section 240.37 of the Penal Law, as
added by Chapter 344 of the Laws of 1976, and adds a new subdivision 3
to add that any person who remains or wanders about in a public place
and repeatedly beckons to, or repeatedly stops, or repeatedly attempts
to step, or repeatedly attempts to engage passers-by in conversation, or

repeatedly stops or attempts to stop motor vehicles, or repeatedly
interferes with the free passage of other persons, for the purpose of
patronizing a person for prostitution is guilty of a violation and is
guilty of a Class B misdemeanor if such person has previously been
convicted of a violation of this section or of sections 230.04, 230.05,
230.06 or 230.08 of the Penal Law.

Section 25 amends section 170.15 of the Criminal Procedure Law, as
amended by Chapter 661 of the Laws of 1972, to amend the section heading
and to add a new subdivision 5 to provide that when a defendant who is
less than 18 years old and alleged to have engaged in any act defined,
in section 230.00 or 240.37(2) of the Penal Law is brought for arraign-
ment upon an information, simplified information or misdemeanor
complaint charging such offense, the court must order the action removed
to family court for further proceedings in accordance with Article 7 of
the Family Court Act. The order of removal must direct that all of the
pleadings and proceedings in the action or a certified copy be trans-
ferred to the designated family court and be delivered to and filed with
the clerk of that court. The new subdivision further provides that the
procedures set forth in sections 725.10, 725.15 and 725.20 of the Crimi-
nal Procedure Law for transfer and sealing of records shall apply when-
ever applicable. The court must inform the defendant of the availability
of services under section 447-b of the Social Services Law.

Section 26 amends subdivision 6 of section 380.50 of the Criminal Proce-
dure Law, as amended by Chapter 320 of the Laws of 2006, to add to the
list of enumerated offenses for which a defendant is sentenced offenses
under sections 230.04, patronizing a person for prostitution in the
third degree, 230.08, patronizing a person for prostitution in a school
zone, 230.11, aggravated patronizing a minor for prostitution in the
third degree, 230.12, aggravated patronizing a minor for prostitution in
the second degree, and 230.13, aggravated patronizing a minor for pros-
titution in the first degree, wherein the prosecutor shall, within 60
days of the imposition of sentence provide the victim with a form on
which the victim may indicate a demand to be informed of any petition to
change the name of such defendant.

Section 27 amends subdivision 1 of section 440.10 of the Criminal Proce-
dure Law, as added by Chapter 332 of the Laws of 2010, to replace the
term "prostitute" with "person for prostitution."

Section 28 amends paragraph (h) of subdivision 8 of section 700.05 of
the Criminal Procedure Law, as amended by Chapter 154 of the Laws of
1980, to include, promoting prostitution in the third degree as defined
in section 230.25 of the Penal Law in the definition of "designated
offense."

Section 29 amends subdivision (a) of section 483-c of the Social
Services Law, as added by Chapter 74 of the Laws of 2007, to add that an
established provider of social or legal services designated by the
Office of Temporary and Disability Assistance (OTDA) or the Office for
the Prevention of Domestic Violence is authorized to notify OTDA and the

Division of Criminal Justice Services that a person who reasonably
appears to be a human trafficking victim may be eligible for services
under this article.

Section 30 amends subdivision (p) of section 10.03 of the Mental Hygiene
Law, as added by Chapter 7 of the Laws of 2007, to add as a sex offense
aggravated patronizing a minor for prostitution in the first degree
under 230.13 of the Penal Law, aggravated patronizing a minor for pros-
titution in the second degree under section 230.12 of the Penal Law, and
aggravated patronizing a minor for prostitution in the third degree
under section 230.11 of the Penal Law.

Section 31 amends subparagraph (i) of paragraph (a) of subdivision 2 of
section 168-a of the Correction Law, as amended by Chapter 405 of the
Laws of 2008, to add as a sex offense patronizing a person for prostitu-
tion in a school zone under section 230.08 of the Penal Law, aggravated
patronizing a minor for prostitution in the third degree under 230.21 of
the Penal Law, aggravated patronizing a minor for prostitution in the
second degree under section 230.12 of the Penal Law, and aggravated
patronizing a minor for prostitution in the first degree under section
230.13 of the Penal Law, sex trafficking under section 230.34 of the
Penal Law, and promoting prostitution in the third degree under section
230.25 of the Penal Law where the person prostituted is in fact less
than 17 years old.

Section 32 amends paragraph (b) of subdivision 1 of section 168-d of the
Correction Law, as amended by Chapter 74 of the Laws of 2007, to add to
the offenses of which a defendant is convicted patronizing a person for
prostitution in the second degree under section 230.05 of the Penal Law,
patronizing a person for prostitution in the first degree under section
230.06 of the Penal Law, patronizing a person for prostitution in a
school zone under section 230,08 of the Penal Law, aggravated patroniz-
ing a minor for prostitution in the first degree under 230.13 of the
Penal Law, aggravated patronizing a minor for prostitution in the second
degree under section 230.12 of the Penal Law, and aggravated patronizing
a minor for prostitution in the third degree under section 230.11 of the
Penal Law so that where the defendant controverts an allegation that the
victim of such offense was less than 18 years old, the court shall,
without a jury and prior to sentencing, conduct a hearing and the people
may prove by clear and convincing evidence that the victim was less than
18 or 17, as applicable.

Section 33 amends paragraph (d) of subdivision 7 of section 995 of the
Executive Law, as amended by Chapter 2 of the Laws of 2006, to add as
felonies aggravated patronizing a minor for prostitution in the first
degree under 230.13 of the Penal Law and aggravated patronizing a minor
for prostitution in the second degree under section 230.12 of the Penal
Law which if a person is convicted of and sentenced for would render
such person a designated offender under this article.

Section 34 amends paragraph (c) of subdivision 4 of section 509-cc of
the Vehicle and Traffic Law, as amended by Chapter 400 of the Laws of

2011, to add to the enumerated offenses of which a person is convicted
that results in the disqualification for five years of such person from
operating a school bus patronizing a person for prostitution in the
third degree under section 230.04 of the Penal Law, patronizing a person
for prostitution in a school zone under section 230.08 of the Penal Law,
aggravated patronizing a minor for prostitution in the third degree
under 230.11 of the Penal Law, aggravated patronizing a minor for-pros-
titution in the second degree under section 230.12 of the Penal Law,
aggravated patronizing a minor for prostitution in the first degree
under section 230.13 of the Penal Law, and promoting prostitution in a
school zone under section 230.19 of the Penal Law.

Section 35 amends section 2324-a of the public health law, as amended by
Chapter 260 of the Laws of 1978, to add to the enumerated offenses
patronizing a person for prostitution in the third degree under section
230.04 of the Penal Law, patronizing a person for prostitution in the
first degree under section 230.06 of the Penal Law, patronizing a person
for-prostitution in a school zone under section 230.08 of the Penal Law,
aggravated patronizing a minor for prostitution in the third degree
under 230.11 of the Penal Law, aggravated patronizing a minor for pros-
titution in the second degree under section 230.12 of the Penal Law,
aggravated patronizing a minor for prostitution in the first degree
under section 230.13 of the Penal Law, and promoting prostitution in the
first degree under section 230.32 of the Penal Law. Two or more
convictions of any of the enumerated offenses within a one-year period
arising out of conduct at a dwelling as defined shall be presumptive
evidence of conduct constituting use of the premises for purposes of
prostitution.

Section 36 amends subdivision 2 of section 715 of the Real Property
Actions and Proceedings Law, as added by Chapter 494 of the Laws of
1976, to add to the enumerated offenses patronizing a person for prosti-
tution in the third degree under section 230.04 of the Penal Law,
patronizing a person for prostitution in the first degree under section
230.06 of the Penal Law, patronizing a person for prostitution in a
school zone under section 230.08 of the Penal Law, aggravated patroniz-
ing a minor for prostitution in the third degree under 230.11 of the
Penal Law, aggravated patronizing a minor for prostitution in the second
degree under section 230.12 of the Penal Law, aggravated patronizing a
minor for prostitution in the first degree under section 230.13 of the
Penal Law, and promoting prostitution in the first degree under section
230.32 of the Penal Law. Two or more convictions of any of the enumer-
ated offenses within a one-year period arising out of conduct at a
dwelling as defined shall be presumptive evidence of conduct constitut-
ing use of the premises for purposes of prostitution.

Section 37 amends subdivision 3 of section 231 of the Real Property Law,
as amended by Chapter 203. of the Laws of 1980, to add to the enumerated
offenses patronizing a person for prostitution in the third degree under
section 230.04 of the Penal Law, patronizing a person for prostitution
in the first degree under section 230.06 of the Penal Law, patronizing a
person for prostitution in a school zone under section 230.08 of the

Penal Law, aggravated patronizing a minor for prostitution in the third
degree under 230.11 of the Penal Law, aggravated patronizing a minor for
prostitution in the second degree under section 230.12 of the Penal Law,
aggravated patronizing a minor for prostitution in the first degree
under section 230.13 of the Penal Law, and promoting prostitution in the
first degree under section 230.32 of the Penal Law. Two or more
convictions of any of the enumerated offenses within a one-year period
arising out of conduct at a dwelling as defined shall be presumptive
evidence of unlawful use of such premises and the owners knowledge of
the same.

Section 38 sets forth the effective date as the ninetieth day after it
shall have become law.

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

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

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

Making the crimes of aggravated patronizing a minor sex offenses (amend-
ing Penal Law SS 60.13 and 70.80(1)(a)) also furthers the legislative
goal of recognizing commercial sexual exploitation of children as a form
of child-sexual abuse.

Consistency within the Penal Law. The bill creates consistency within
the Penal Law by aligning the ages of victims in each degree of patron-
izing a prostituted minor crimes with the age delineated in the corre-

sponding degree of rape offense. For the crime of patronizing a person
for prostitution in the second degree (Penal Law S 230.05), the age of
the victim is changed from less than 14 to less than 15, where the
patronizer is 18 years old or older. The crime of patronizing a person
for prostitution in the first degree (Penal Law S 230.06) is amended to
include an individual who is 18 years old or older and patronizes a
person less than 13 years old. The crime of promoting prostitution in
the first degree (Penal Law S 230.32) is amended to include situations
where the age of the child promoted is under 13 instead of under 11. The
crime of compelling prostitution Penal Law S 230.33) is amended to
include situations in which the child compelled is under 18 rather than
under 16. Lastly, a person less than 18 instead of less than 17 will not
be deemed an accomplice in promoting or compelling prostitution under
Penal Law S 230.35.

Alignment with Federal law and the Family Court Act. This bill brings
State law into alignment with Federal law by removing the coercion
requirement for minors under the State's anti-human trafficking law.
Currently, New York trafficking law, unlike Federal trafficking law (the
Trafficking Victims Protection Act), requires that prosecutors prove
coercion even when the victim is a minor. By amending the Penal Law (new
S 230.34(6)), the bill also aligns the Penal Law with the Family Court
Act, which creates a presumption that a minor charged with prostitution
is a trafficking victim.

Removal of cases involving 16- and 17-year olds to Family Court. The
Legislature, in enacting the Safe Harbor Act, recognized that individ-
uals under the age of 18 who are arrested for prostitution or loitering
for the purposes.of prostitution are victims of the commercial sexual
exploitation of children. Consistent, overall implementation of this
groundbreaking reform has been undermined, however, by inconsistent
provisions, particularly in the Penal Law and the Criminal Procedure
Law, that were not simultaneously amended to effectuate this important
policy shift. In practice, 16- and 17 year-old victims continue to be
treated as criminal defendants.  This legislation amends the Criminal
Procedure Law (S 170.15) to extend the procedures in the Safe Harbor Act
to criminal court, so that minor trafficking victims are removed to PINS
(Persons in Need of Supervision) proceedings, where they will receive
protection and services as sex trafficking victims.

Repeal Of Penal Law S230.07. The bill repeals Penal Law S 230-07, which
provides a defense in prosecutions for patronizing a person for prosti-
tution in the first and second degrees where the defendant did not have
reasonable grounds to believe that the victim was less than the age
specified. It is incongruous to provide for such a defense where there
is no such defense in prosecutions for any of the sex offenses under
Article 130 of the Penal Law. There should be no such defense when a
child being prostituted, a trafficking victim under State and Federal
law, is the victim.

Affirmative defense to prostitution. This bill establishes sex traffick-
ing as an affirmative defense to prostitution (new S 230.01 of the Penal

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

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

Enhanced penalties for trafficking. Sex and labor trafficking are seri-
ous crimes that devastate the lives of victims. Sex trafficking victims
are subjected to rape, frequently over and over, on a daily basis. Labor
trafficking victims endure forced labor, often for prolonged periods of
enslavement. The penalties for trafficking should be commensurate with
the severity of the offenses. The bill designates sex trafficking as a
Class B violent felony (Penal Law S 70.02) and raises the penalty for
labor trafficking from a Class D felony to a Class B felony (Penal Law
135.35).

Including patronizers in the School Zone law. In his memo in which he
signed into law the legislation that enhanced the penalties for prosti-
tution in a school zone and promoting prostitution in a school zone,
Governor Cuomo called attention to a gap in the bill, namely, that it
failed to "provide a complete, fully effective solution to the problem
it is designed to address" by omitting patronizers. The Governor urged
the Legislature to "enact similar enhanced penalties for patronizing a
prostitute within a school zone, in order to protect our children." This
bill amends the Penal. Law (S230.08 and S 230.19) consistent with the
Governor's recommendation.

Holding livery and limousine drivers accountable. Livery and limousine
drivers, many unlicensed, have become central players in the trafficking
of human beings. This growing phenomenon was the focus of a joint hear-
ing of the New York City Council's Women's Issues and Public Safety
Committees last fall. Amending the Penal Law to include the use of a
vehicle for the purpose of advancing prostitution to constitute the
offense of permitting prostitution under Penal Law S 230.40, and to
include engaging in a business or enterprise that consists of the trans-
porting of persons for the purposes of prostitution to constitute the
crime of promoting prostitution in the third degree under Penal Law

S230.25, will better ensure that livery and limousine drivers will be
prosecuted for their crimes.

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

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

Finally, to address the increased use by traffickers of marijuana and
ecstasy to coerce and control their victims, the bill adds the drugs
marijuana and ecstasy to the list of substances unlawfully provided to a
person who is patronized with the intent to, impair such person's judg-
ment, constituting sex trafficking under Penal Law S 230.34.

LEGISLATIVE HISTORY: Similar to A.245A, 2012 and 2011, referred to
Codes. Similar to A.802, 2010 and 2009, referred to Codes. Similar to
A.10958, 2008, referred to Codes. Similar to S.7986 (Saland) 2008,
passed Senate.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Effective on the ninetieth day after it shall have
become law.
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A09804 Text:

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

                                         9804

                                 I N  A S S E M B L Y

                                    April 10, 2012
                                      ___________

       Introduced  by  M. of A. PAULIN, DINOWITZ, SCARBOROUGH, ROSENTHAL, COOK,
         LANCMAN,  LAVINE,  ZEBROWSKI,  ABBATE,  CUSICK,  ENGLEBRIGHT,   GALEF,
         GIBSON,  GUNTHER,  JAFFEE,  MAGNARELLI, MARKEY, MILLMAN, MOYA, REILLY,
         ROBERTS, WEISENBERG -- Multi-Sponsored by -- M. of A. BOYLAND, COLTON,
         JACOBS, McENENY, NOLAN, THIELE  --  read  once  and  referred  to  the
         Committee on Codes

       AN  ACT  to  amend the penal law, the criminal procedure law, the social
         services law, the mental hygiene law, the correction law,  the  execu-
         tive 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 prostitution offenses; and to repeal section 230.07 of the
         penal law relating thereto

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section  1.   Short title. This act shall be known and may be cited as
    2  the "trafficking victims protection and justice act".
    3    S 2. Section 60.13 of the penal law, as added by chapter 7 of the laws
    4  of 2007, is amended to read as follows:
    5  S 60.13 Authorized dispositions; felony sex offenses.
    6    When a person is to be sentenced upon  a  conviction  for  any  felony
    7  defined in article one hundred thirty of this chapter, including a sexu-
    8  ally  motivated felony, or patronizing a [prostitute] PERSON FOR PROSTI-
    9  TUTION in the first degree as defined in section 230.06 of this chapter,
   10  AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE THIRD  DEGREE  AS
   11  DEFINED  IN  SECTION  230.11  OF  THIS CHAPTER, AGGRAVATED PATRONIZING A
   12  MINOR FOR PROSTITUTION IN THE SECOND DEGREE AS DEFINED IN SECTION 230.12
   13  OF THIS CHAPTER, AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN  THE
   14  FIRST DEGREE AS DEFINED IN SECTION 230.13 OF THIS CHAPTER, incest in the
   15  second degree as defined in section 255.26 of this chapter, or incest in
   16  the  first  degree  as  defined  in section 255.27 of this chapter, or a
   17  felony attempt or conspiracy to commit any of these  crimes,  the  court
   18  must sentence the defendant in accordance with the provisions of section
   19  70.80 of this title.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00832-11-2
       A. 9804                             2

    1    S 3. Paragraph (a) of subdivision 1 of section 70.02 of the penal law,
    2  as  amended  by  chapter  320 of the laws of 2006, is amended to read as
    3  follows:
    4    (a)  Class  B  violent felony offenses: an attempt to commit the class
    5  A-I felonies of murder in  the  second  degree  as  defined  in  section
    6  125.25, kidnapping in the first degree as defined in section 135.25, and
    7  arson  in the first degree as defined in section 150.20; manslaughter in
    8  the first degree as defined in section 125.20,  aggravated  manslaughter
    9  in  the  first  degree  as  defined in section 125.22, rape in the first
   10  degree as defined in section 130.35, criminal sexual act  in  the  first
   11  degree  as  defined  in  section  130.50, aggravated sexual abuse in the
   12  first degree as defined in section  130.70,  course  of  sexual  conduct
   13  against  a  child  in  the  first  degree  as defined in section 130.75;
   14  assault in the first degree as defined in section 120.10, kidnapping  in
   15  the  second  degree  as defined in section 135.20, burglary in the first
   16  degree as defined in section 140.30,  arson  in  the  second  degree  as
   17  defined  in  section  150.15,  robbery in the first degree as defined in
   18  section 160.15, SEX TRAFFICKING AS DEFINED IN SECTION 230.34, incest  in
   19  the  first degree as defined in section 255.27, criminal possession of a
   20  weapon in the first degree as defined in section 265.04, criminal use of
   21  a firearm in the first degree as defined  in  section  265.09,  criminal
   22  sale  of  a  firearm  in  the first degree as defined in section 265.13,
   23  aggravated assault upon a police officer or a peace officer  as  defined
   24  in  section  120.11,  gang  assault  in  the  first degree as defined in
   25  section 120.07, intimidating a victim or witness in the first degree  as
   26  defined  in  section  215.17,  hindering prosecution of terrorism in the
   27  first degree as defined in section  490.35,  criminal  possession  of  a
   28  chemical  weapon or biological weapon in the second degree as defined in
   29  section 490.40, and criminal use of  a  chemical  weapon  or  biological
   30  weapon in the third degree as defined in section 490.47.
   31    S 4. Paragraph (a) of subdivision 1 of section 70.80 of the penal law,
   32  as  added  by  chapter  7  of  the  laws  of 2007, is amended to read as
   33  follows:
   34    (a) For the purposes of this section, a "felony sex offense"  means  a
   35  conviction  of  any felony defined in article one hundred thirty of this
   36  chapter, including a sexually motivated felony, or patronizing a  [pros-
   37  titute]  PERSON  FOR  PROSTITUTION  in  the  first  degree as defined in
   38  section 230.06 of this chapter, PATRONIZING A PERSON FOR PROSTITUTION IN
   39  THE SECOND DEGREE AS DEFINED IN SECTION 230.05 OF THIS  CHAPTER,  AGGRA-
   40  VATED  PATRONIZING  A  MINOR  FOR  PROSTITUTION  IN  THE THIRD DEGREE AS
   41  DEFINED IN SECTION 230.11 OF  THIS  CHAPTER,  AGGRAVATED  PATRONIZING  A
   42  MINOR FOR PROSTITUTION IN THE SECOND DEGREE AS DEFINED IN SECTION 230.12
   43  OF  THIS CHAPTER, AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN 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 the above.
   48    S  5.    The  closing paragraph of section 135.35 of the penal law, as
   49  added by chapter 74 of the laws of 2007, is amended to read as follows:
   50    Labor trafficking is a class [D] B felony.
   51    S 6.  The penal law is amended by adding a new section 230.01 to  read
   52  as follows:
   53  S 230.01 PROSTITUTION; DEFENSE.
   54    IN  ANY  PROSECUTION  UNDER  SECTION  230.00  OR  SUBDIVISION THREE OF
   55  SECTION 240.37 OF THIS PART, IT  IS  AN  AFFIRMATIVE  DEFENSE  THAT  THE
   56  DEFENDANT'S  PARTICIPATION  IN THE OFFENSE WAS A RESULT OF HAVING BEEN A
       A. 9804                             3

    1  VICTIM OF SEX TRAFFICKING UNDER SECTION 230.34  OF  THIS  ARTICLE  OR  A
    2  VICTIM   OF   TRAFFICKING  IN  PERSONS  UNDER  THE  TRAFFICKING  VICTIMS
    3  PROTECTION ACT (UNITED STATES CODE, TITLE 22, CHAPTER 78).
    4    S  7.  The  section heading and subdivision 1 of section 230.02 of the
    5  penal law, as amended by chapter 627 of the laws of 1978, are amended to
    6  read as follows:
    7  Patronizing a [prostitute] PERSON FOR PROSTITUTION; definitions.
    8    1. A person patronizes a [prostitute] PERSON FOR PROSTITUTION when:
    9    (a) Pursuant to a prior understanding, he OR SHE pays a fee to another
   10  person as compensation for such person or a third person having  engaged
   11  in sexual conduct with him OR HER; or
   12    (b)  He  OR SHE pays or agrees to pay a fee to another person pursuant
   13  to an understanding that in return  therefor  such  person  or  a  third
   14  person will engage in sexual conduct with him OR HER; or
   15    (c)  He OR SHE solicits or requests another person to engage in sexual
   16  conduct with him OR HER in return for a fee.
   17    S 8. Subdivision 2 of section 230.03 of the penal  law,  as  added  by
   18  chapter 191 of the laws of 2011, is amended to read as follows:
   19    2. For the purposes of this section, SECTION 230.08 and section 230.19
   20  of  this  article, "school zone" means (a) in or on or within any build-
   21  ing, structure, athletic playing field,  playground  or  land  contained
   22  within  the real property boundary line of a public or private elementa-
   23  ry, parochial, intermediate, junior high, vocational, or high school, or
   24  (b) any public  sidewalk,  street,  parking  lot,  park,  playground  or
   25  private  land, located immediately adjacent to the boundary line of such
   26  school.
   27    S 9. Section 230.07 of the penal law is REPEALED  and  a  new  section
   28  230.08 is added to read as follows:
   29  S 230.08 PATRONIZING A PERSON FOR PROSTITUTION IN A SCHOOL ZONE.
   30    1.  A  PERSON  IS GUILTY OF PATRONIZING A PERSON FOR PROSTITUTION IN A
   31  SCHOOL ZONE WHEN HE OR SHE COMMITS THE CRIME OF PATRONIZING A PERSON FOR
   32  PROSTITUTION IN VIOLATION OF SECTION 230.04, 230.05, OR 230.06  OF  THIS
   33  ARTICLE IN A SCHOOL ZONE DURING THE HOURS THAT SCHOOL IS IN SESSION.
   34    2.  FOR  PURPOSES  OF  THIS  SECTION, "SCHOOL ZONE" SHALL MEAN "SCHOOL
   35  ZONE" AS DEFINED IN SUBDIVISION TWO OF SECTION 230.03 OF THIS ARTICLE.
   36    PATRONIZING A PERSON FOR PROSTITUTION IN A SCHOOL ZONE IS  A  CLASS  E
   37  FELONY.
   38    S 10. Section 230.04 of the penal law, as amended by chapter 74 of the
   39  laws of 2007, is amended to read as follows:
   40  S 230.04 Patronizing a [prostitute] PERSON FOR PROSTITUTION in the third
   41             degree.
   42    A  person is guilty of patronizing a [prostitute] PERSON FOR PROSTITU-
   43  TION in the third degree when he or she patronizes a [prostitute] PERSON
   44  FOR PROSTITUTION.
   45    Patronizing a [prostitute] PERSON FOR PROSTITUTION in the third degree
   46  is a class A misdemeanor.
   47    S 11. Section 230.05 of the penal law, as added by chapter 627 of  the
   48  laws of 1978, is amended to read as follows:
   49  S  230.05  Patronizing  a  [prostitute]  PERSON  FOR PROSTITUTION in the
   50             second degree.
   51    A person is guilty of patronizing a [prostitute] PERSON FOR  PROSTITU-
   52  TION in the second degree when, being [over] eighteen years [of age] OLD
   53  OR MORE, he OR SHE patronizes a [prostitute] PERSON FOR PROSTITUTION and
   54  the  person  patronized  is  less than [fourteen] FIFTEEN years [of age]
   55  OLD.
       A. 9804                             4

    1    Patronizing a [prostitute]  PERSON  FOR  PROSTITUTION  in  the  second
    2  degree is a class E felony.
    3    S  12. Section 230.06 of the penal law, as added by chapter 627 of the
    4  laws of 1978, is amended to read as follows:
    5  S 230.06 Patronizing a [prostitute] PERSON FOR PROSTITUTION in the first
    6             degree.
    7    A person is guilty of patronizing a [prostitute] PERSON FOR  PROSTITU-
    8  TION in the first degree when [he]:
    9    1. HE OR SHE patronizes a [prostitute] PERSON FOR PROSTITUTION and the
   10  person patronized is less than eleven years [of age] OLD; OR
   11    2. BEING EIGHTEEN YEARS OLD OR MORE, HE OR SHE PATRONIZES A PERSON FOR
   12  PROSTITUTION AND THE PERSON PATRONIZED IS LESS THAN THIRTEEN YEARS OLD.
   13    Patronizing a [prostitute] PERSON FOR PROSTITUTION in the first degree
   14  is a class D felony.
   15    S  13. The section heading and the opening paragraph of section 230.10
   16  of the penal law are amended to read as follows:
   17  Prostitution and patronizing a [prostitute] PERSON FOR PROSTITUTION;  no
   18             defense.
   19    In  any  prosecution  for  prostitution  or patronizing a [prostitute]
   20  PERSON FOR PROSTITUTION, the sex  of  the  two  parties  or  prospective
   21  parties  to  the sexual conduct engaged in, contemplated or solicited is
   22  immaterial, and it is no defense that:
   23    S 14. The penal law is amended by adding three  new  sections  230.11,
   24  230.12 and 230.13 to read as follows:
   25  S 230.11 AGGRAVATED  PATRONIZING  A  MINOR FOR PROSTITUTION IN THE THIRD
   26             DEGREE.
   27    A PERSON IS GUILTY OF AGGRAVATED PATRONIZING A MINOR FOR  PROSTITUTION
   28  IN  THE THIRD DEGREE WHEN, BEING TWENTY-ONE YEARS OLD OR MORE, HE OR SHE
   29  PATRONIZES A PERSON FOR PROSTITUTION AND THE PERSON PATRONIZED  IS  LESS
   30  THAN  EIGHTEEN YEARS OLD AND THE PERSON GUILTY OF PATRONIZING ENGAGES IN
   31  SEXUAL INTERCOURSE, ORAL SEXUAL CONDUCT, ANAL SEXUAL CONDUCT, OR  AGGRA-
   32  VATED SEXUAL CONDUCT.
   33    AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE THIRD DEGREE IS
   34  A CLASS E FELONY.
   35  S 230.12 AGGRAVATED  PATRONIZING  A MINOR FOR PROSTITUTION IN THE SECOND
   36             DEGREE.
   37    A PERSON IS GUILTY OF AGGRAVATED PATRONIZING A MINOR FOR  PROSTITUTION
   38  IN  THE  SECOND DEGREE WHEN, BEING EIGHTEEN YEARS OLD OR MORE, HE OR SHE
   39  PATRONIZES A PERSON FOR PROSTITUTION AND THE PERSON PATRONIZED  IS  LESS
   40  THAN  FIFTEEN  YEARS OLD AND THE PERSON GUILTY OF PATRONIZING ENGAGES IN
   41  SEXUAL INTERCOURSE, ORAL SEXUAL CONDUCT, ANAL SEXUAL CONDUCT, OR  AGGRA-
   42  VATED SEXUAL CONDUCT.
   43    AGGRAVATED  PATRONIZING  A MINOR FOR PROSTITUTION IN THE SECOND DEGREE
   44  IS A CLASS D FELONY.
   45  S 230.13 AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION  IN  THE  FIRST
   46             DEGREE.
   47    A  PERSON IS GUILTY OF AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION
   48  IN THE FIRST DEGREE WHEN HE OR SHE PATRONIZES A PERSON FOR  PROSTITUTION
   49  AND  THE PERSON PATRONIZED IS LESS THAN ELEVEN YEARS OLD, BEING EIGHTEEN
   50  YEARS OLD OR MORE, HE OR SHE PATRONIZES A PERSON  FOR  PROSTITUTION  AND
   51  THE  PERSON  PATRONIZED  IS LESS THAN THIRTEEN YEARS OLD, AND THE PERSON
   52  GUILTY  OF  PATRONIZING  ENGAGES  IN  SEXUAL  INTERCOURSE,  ORAL  SEXUAL
   53  CONDUCT, ANAL SEXUAL CONDUCT, OR AGGRAVATED SEXUAL CONDUCT.
   54    AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE FIRST DEGREE IS
   55  A CLASS B FELONY.
       A. 9804                             5

    1    S  15.  Subdivisions  1  and  2 of section 230.15 of the penal law are
    2  amended to read as follows:
    3    1.  "Advance  prostitution."  A  person  "advances prostitution" when,
    4  acting other than as a [prostitute]  PERSON  IN  PROSTITUTION  or  as  a
    5  patron thereof, he OR SHE knowingly causes or aids a person to commit or
    6  engage  in  prostitution, procures or solicits patrons for prostitution,
    7  provides persons or premises  for  prostitution  purposes,  operates  or
    8  assists  in  the  operation of a house of prostitution or a prostitution
    9  enterprise, or engages in any other conduct designed to  institute,  aid
   10  or facilitate an act or enterprise of prostitution.
   11    2.  "Profit  from  prostitution." A person "profits from prostitution"
   12  when, acting other than as a [prostitute] PERSON IN PROSTITUTION receiv-
   13  ing compensation for personally rendered prostitution  services,  he  OR
   14  SHE accepts or receives money or other property pursuant to an agreement
   15  or understanding with any person whereby he OR SHE participates or is to
   16  participate in the proceeds of prostitution activity.
   17    S  16.  Subdivision  1 of section 230.19 of the penal law, as added by
   18  chapter 191 of the laws of 2011, is amended to read as follows:
   19    1. A person is guilty of promoting prostitution in a school zone when,
   20  being nineteen years [of age] OLD or [older] MORE, he or  she  knowingly
   21  advances  or  profits from prostitution [that he or she knows or reason-
   22  ably should know is or will be committed in violation of section  230.03
   23  of  this  article]  in  a school zone during the hours that school is in
   24  session.
   25    S 17. The opening paragraph and subdivisions 1 and 2 of section 230.25
   26  of the penal law, the opening paragraph and subdivision 2 as amended  by
   27  chapter  627 of the laws of 1978 and subdivision 1 as amended by chapter
   28  74 of the laws of 2007, are amended to read as follows:
   29    A person is guilty of promoting prostitution in the third degree  when
   30  he OR SHE knowingly:
   31    1.  Advances  or  profits  from prostitution by managing, supervising,
   32  controlling or owning, either alone or in  association  with  others,  a
   33  house of prostitution or a prostitution business or enterprise involving
   34  prostitution  activity by two or more [prostitutes] PERSONS IN PROSTITU-
   35  TION, or a business that sells travel-related services knowing that such
   36  services include or are intended to facilitate travel for the purpose of
   37  patronizing a [prostitute]  PERSON  FOR  PROSTITUTION,  including  to  a
   38  foreign  jurisdiction  and regardless of the legality of prostitution in
   39  said foreign jurisdiction; or
   40    2. PROFITS FROM PROSTITUTION BY ENGAGING, EITHER ALONE OR  IN  ASSOCI-
   41  ATION  WITH OTHERS, IN A BUSINESS OR ENTERPRISE CONSISTING OF THE TRANS-
   42  PORTING OF A PERSON OR PERSONS FOR THE PURPOSES OF PROSTITUTION; OR
   43    3. Advances or profits from prostitution of a person less  than  nine-
   44  teen years old.
   45    S  18.  The  opening  paragraph of section 230.30 of the penal law, as
   46  amended by chapter 627 of the laws  of  1978,  is  amended  to  read  as
   47  follows:
   48    A person is guilty of promoting prostitution in the second degree when
   49  he OR SHE knowingly:
   50    S  19. The first undesignated paragraph of section 230.32 of the penal
   51  law, as added by chapter 627 of the laws of 1978, is amended to read  as
   52  follows:
   53    A  person is guilty of promoting prostitution in the first degree when
   54  he OR SHE knowingly advances or profits from prostitution  of  a  person
   55  less than [eleven] THIRTEEN years old.
       A. 9804                             6

    1    S  20. Section 230.33 of the penal law, as added by chapter 450 of the
    2  laws of 2005, is amended to read as follows:
    3  S 230.33 Compelling prostitution.
    4    A  person  is guilty of compelling prostitution when, being twenty-one
    5  years [of age or older] OLD OR MORE, he or she knowingly advances  pros-
    6  titution  by compelling a person less than [sixteen] EIGHTEEN years old,
    7  by force or intimidation, to engage in prostitution.
    8    Compelling prostitution is a class B felony.
    9    S 21. Subdivision 1 and paragraph (h)  of  subdivision  5  of  section
   10  230.34 of the penal law, as added by chapter 74 of the laws of 2007, are
   11  amended and a new subdivision 6 is added to read as follows:
   12    1.  unlawfully providing to a person who is patronized, with intent to
   13  impair said person's judgment: (a) a narcotic drug or a narcotic  prepa-
   14  ration;  (b)  MARIJUANA OR concentrated cannabis as defined in paragraph
   15  (a) of subdivision four of  section  thirty-three  hundred  two  of  the
   16  public  health  law; (c) methadone; [or] (d) gamma-hydroxybutyrate (GHB)
   17  or flunitrazepan, also known as  Rohypnol;  OR  (E)  METHYLENEDIOXYMETH-
   18  AMPHETAMINE (MDMA), ALSO KNOWN AS ECSTASY;
   19    (h) perform any other act which would not in itself materially benefit
   20  the  actor  but which is calculated to harm the person who is patronized
   21  materially with respect to his or her  health,  safety,  or  immigration
   22  status[.]; OR
   23    6.  KNOWINGLY  ADVANCING  PROSTITUTION  OF A PERSON LESS THAN EIGHTEEN
   24  YEARS OLD.
   25    S 22. Section 230.35 of the penal law, as amended by  chapter  450  of
   26  the laws of 2005, is amended to read as follows:
   27  S 230.35 Promoting or compelling prostitution; accomplice.
   28    In  a  prosecution  for promoting prostitution or compelling prostitu-
   29  tion, a person less than [seventeen] EIGHTEEN years [of  age]  OLD  from
   30  whose  prostitution  activity another person is alleged to have advanced
   31  or attempted to advance or profited or attempted to profit shall not  be
   32  deemed to be an accomplice.
   33    S  23. The first undesignated paragraph of section 230.40 of the penal
   34  law is amended to read as follows:
   35    A person is guilty of permitting prostitution when, having  possession
   36  or  control  of premises OR VEHICLE which he OR SHE knows are being used
   37  for prostitution purposes OR FOR THE PURPOSE OF ADVANCING  PROSTITUTION,
   38  he OR SHE fails to make reasonable effort to halt or abate such use.
   39    S  24.  Subdivision  2 of section 240.37 of the penal law, as added by
   40  chapter 344 of the laws of 1976, is amended, subdivision 3 is renumbered
   41  subdivision 4 and a new subdivision 3 is added to read as follows:
   42    2. Any person who remains or wanders  about  in  a  public  place  and
   43  repeatedly  beckons  to,  or repeatedly stops, or repeatedly attempts to
   44  stop, or repeatedly attempts to engage passers-by  in  conversation,  or
   45  repeatedly  stops  or  attempts  to  stop  motor vehicles, or repeatedly
   46  interferes with the free passage of other persons, for  the  purpose  of
   47  prostitution[,  or  of  patronizing  a prostitute as those terms are] AS
   48  THAT TERM IS defined in article two hundred thirty of  [the  penal  law]
   49  THIS  PART,  shall  be  guilty of a violation and is guilty of a class B
   50  misdemeanor if such person has previously been convicted of a  violation
   51  of  this  section  or  of  [sections] SECTION 230.00 [or 230.05] of [the
   52  penal law] THIS PART.
   53    3. ANY PERSON WHO REMAINS OR WANDERS  ABOUT  IN  A  PUBLIC  PLACE  AND
   54  REPEATEDLY  BECKONS  TO,  OR REPEATEDLY STOPS, OR REPEATEDLY ATTEMPTS TO
   55  STOP, OR REPEATEDLY ATTEMPTS TO ENGAGE PASSERS-BY  IN  CONVERSATION,  OR
   56  REPEATEDLY  STOPS  OR  ATTEMPTS  TO  STOP  MOTOR VEHICLES, OR REPEATEDLY
       A. 9804                             7

    1  INTERFERES WITH THE FREE PASSAGE OF OTHER PERSONS, FOR  THE  PURPOSE  OF
    2  PATRONIZING  A  PERSON  FOR PROSTITUTION AS DEFINED IN SECTION 230.02 OF
    3  THIS PART, SHALL BE GUILTY OF A VIOLATION AND IS GUILTY  OF  A  CLASS  B
    4  MISDEMEANOR  IF SUCH PERSON HAS PREVIOUSLY BEEN CONVICTED OF A VIOLATION
    5  OF THIS SECTION OR OF SECTION 230.04, 230.05, 230.06 OR 230.08  OF  THIS
    6  PART.
    7    S  25. The section heading of section 170.15 of the criminal procedure
    8  law, as amended by chapter 661 of the laws of 1972, is amended and a new
    9  subdivision 5 is added to read as follows:
   10    Removal of action from [one local] criminal court to another COURT.
   11    5. (A) WHEN A DEFENDANT WHO  IS  LESS  THAN  EIGHTEEN  YEARS  OLD  AND
   12  ALLEGED TO HAVE ENGAGED IN ANY ACT DEFINED IN SECTION 230.00 OR SUBDIVI-
   13  SION  TWO  OF SECTION 240.37 OF THE PENAL LAW IS BROUGHT FOR ARRAIGNMENT
   14  UPON AN INFORMATION, SIMPLIFIED  INFORMATION  OR  MISDEMEANOR  COMPLAINT
   15  CHARGING SUCH OFFENSE, THE COURT MUST ORDER THE ACTION REMOVED TO FAMILY
   16  COURT  FOR  FURTHER  PROCEEDINGS IN ACCORDANCE WITH ARTICLE SEVEN OF THE
   17  FAMILY COURT ACT. THE ORDER OF REMOVAL  MUST  DIRECT  THAT  ALL  OF  THE
   18  PLEADINGS  AND  PROCEEDINGS  IN  THE  ACTION, OR A CERTIFIED COPY OF THE
   19  SAME, BE TRANSFERRED TO THE DESIGNATED FAMILY COURT AND BE DELIVERED  TO
   20  AND  FILED  WITH  THE  CLERK  OF THAT COURT. THE PROCEDURES SET FORTH IN
   21  SECTIONS 725.10, 725.15 AND 725.20 OF  THIS  CHAPTER  FOR  TRANSFER  AND
   22  SEALING OF RECORDS SHALL APPLY TO THIS PROVISION WHENEVER APPLICABLE.
   23    (B)  THE  COURT  MUST  INFORM  THE  DEFENDANT  OF  THE AVAILABILITY OF
   24  SERVICES UNDER SECTION 447-B OF THE SOCIAL SERVICES LAW.
   25    S 26. 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,
   33  130.40, 130.45, 255.25, 255.26, 255.27, article two hundred sixty-three,
   34  135.10,  135.25, 230.04, 230.05, 230.06, 230.08, 230.11, 230.12, 230.13,
   35  subdivision two of section 230.30 or 230.32, the prosecutor shall, with-
   36  in sixty days of the imposition of sentence, provide the victim  with  a
   37  form  on  which  the  victim may indicate a demand to be informed of any
   38  petition to change the name of such defendant.    Such  forms  shall  be
   39  maintained by such prosecutor. Upon receipt of a notice of a petition to
   40  change  the  name  of any such defendant, pursuant to subdivision two of
   41  section sixty-two of the civil rights law, the prosecutor shall promptly
   42  notify the victim at  the  most  current  address  or  telephone  number
   43  provided  by  such  victim in the most reasonable and expedient possible
   44  manner of the time and place such petition  will  be  presented  to  the
   45  court.
   46    S  27.  The  opening  paragraph  of  paragraph (i) of subdivision 1 of
   47  section 440.10 of the criminal procedure law, as added by chapter 332 of
   48  the laws of 2010, is amended to read as follows:
   49    The judgment is a conviction where  the  arresting  charge  was  under
   50  section  240.37 (loitering for the purpose of engaging in a prostitution
   51  offense, provided that the defendant was not alleged to be loitering for
   52  the purpose of patronizing a [prostitute]  PERSON  FOR  PROSTITUTION  or
   53  promoting  prostitution)  or 230.00 (prostitution) of the penal law, and
   54  the defendant's participation in the offense was a result of having been
   55  a victim of sex trafficking under section 230.34 of  the  penal  law  or
       A. 9804                             8

    1  trafficking  in  persons  under  the  Trafficking Victims Protection Act
    2  (United States Code, title 22, chapter 78); provided that
    3    S  28.  Paragraph (h) of subdivision 8 of section 700.05 of the crimi-
    4  nal procedure law, as amended by chapter 154 of the  laws  of  1990,  is
    5  amended to read as follows:
    6    (h)  Promoting prostitution in the first degree, as defined in section
    7  230.32 of the penal law, promoting prostitution in the second degree, as
    8  defined by subdivision one of section 230.30 of the penal law, PROMOTING
    9  PROSTITUTION IN THE THIRD DEGREE, AS DEFINED IN SECTION  230.25  OF  THE
   10  PENAL LAW;
   11    S 29. Subdivision (a) of section 483-cc of the social services law, as
   12  added by chapter 74 of the laws of 2007, is amended to read as follows:
   13    (a)  As  soon as practicable after a first encounter with a person who
   14  reasonably appears to a law enforcement agency [or a],  district  attor-
   15  ney's  office,  OR  AN  ESTABLISHED PROVIDER OF SOCIAL OR LEGAL SERVICES
   16  DESIGNATED BY THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE  OR  THE
   17  OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE to be a human trafficking
   18  victim,  that agency [or], office OR PROVIDER shall notify the office of
   19  temporary and disability assistance and the division of criminal justice
   20  services that such person may be eligible for services under this  arti-
   21  cle.
   22    S  30.  Subdivision (p) of section 10.03 of the mental hygiene law, as
   23  added by chapter 7 of the laws of 2007, is amended to read as follows:
   24    (p) "Sex offense" means an act or acts constituting:  (1)  any  felony
   25  defined  in  article  one  hundred  thirty of the penal law, including a
   26  sexually motivated felony; (2) patronizing  a  [prostitute]  PERSON  FOR
   27  PROSTITUTION  in  the  first  degree as defined in section 230.06 of the
   28  penal law, AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE  FIRST
   29  DEGREE AS DEFINED IN SECTION 230.13 OF THE PENAL LAW, AGGRAVATED PATRON-
   30  IZING  A  MINOR  FOR  PROSTITUTION  IN  THE  SECOND DEGREE AS DEFINED IN
   31  SECTION 230.12 OF THE PENAL LAW,  AGGRAVATED  PATRONIZING  A  MINOR  FOR
   32  PROSTITUTION  IN  THE  THIRD  DEGREE AS DEFINED IN SECTION 230.11 OF THE
   33  PENAL LAW, incest in the second degree as defined in section  255.26  of
   34  the  penal  law,  or  incest  in  the first degree as defined in section
   35  255.27 of the penal law; (3) a felony attempt or  conspiracy  to  commit
   36  any  of  the  foregoing offenses set forth in this subdivision; or (4) a
   37  designated felony, as defined in subdivision (f)  of  this  section,  if
   38  sexually  motivated  and  committed  prior to the effective date of this
   39  article.
   40    S 31. Subparagraph (i) of paragraph (a) of subdivision  2  of  section
   41  168-a  of  the  correction law, as amended by chapter 405 of the laws of
   42  2008, is amended to read as follows:
   43    (i) a conviction of or a conviction for an attempt to  commit  any  of
   44  the  provisions  of  sections  120.70,  130.20,  130.25, 130.30, 130.40,
   45  130.45, 130.60, 230.34, 250.50, 255.25, 255.26 and 255.27 or article two
   46  hundred sixty-three of the penal law, or section 135.05, 135.10,  135.20
   47  or  135.25  of  such  law  relating to kidnapping offenses, provided the
   48  victim of such kidnapping or related  offense  is  less  than  seventeen
   49  years  old  and the offender is not the parent of the victim, or section
   50  230.04, [where the person patronized is  in  fact  less  than  seventeen
   51  years of age,] 230.05 [or], 230.06, 230.08, [or] 230.11, 230.12, 230.13,
   52  subdivision  two of section 230.30, [or] section 230.32 [or], 230.33, OR
   53  230.34 of the penal law, OR SECTION 230.25 OF THE PENAL  LAW  WHERE  THE
   54  PERSON PROSTITUTED IS IN FACT LESS THAN SEVENTEEN YEARS OLD, or
       A. 9804                             9

    1    S  32.  Paragraph  (b)  of  subdivision  1  of  section  168-d  of the
    2  correction law, as amended by chapter 74 of the laws of 2007, is amended
    3  to read as follows:
    4    (b)  Where a defendant stands convicted of an offense defined in para-
    5  graph (b) of subdivision two of section  one  hundred  sixty-eight-a  of
    6  this  article  or  where  the  defendant  was convicted of patronizing a
    7  [prostitute] PERSON FOR PROSTITUTION in the third degree  under  section
    8  230.04  of  the penal law OR OF PATRONIZING A PERSON FOR PROSTITUTION IN
    9  THE SECOND DEGREE UNDER SECTION 230.05 OF THE PENAL LAW, OR OF PATRONIZ-
   10  ING A PERSON FOR PROSTITUTION IN THE FIRST DEGREE UNDER  SECTION  230.06
   11  OF  THE  PENAL  LAW,  OR  OF  PATRONIZING A PERSON FOR PROSTITUTION IN A
   12  SCHOOL ZONE UNDER SECTION 230.08 OF THE  PENAL  LAW,  OR  OF  AGGRAVATED
   13  PATRONIZING  A  MINOR FOR PROSTITUTION IN THE FIRST DEGREE AS DEFINED IN
   14  SECTION 230.13 OF THE PENAL LAW, OR OF AGGRAVATED  PATRONIZING  A  MINOR
   15  FOR  PROSTITUTION  IN  THE SECOND DEGREE AS DEFINED IN SECTION 230.12 OF
   16  THE PENAL LAW, OR OF AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION  IN
   17  THE  THIRD DEGREE AS DEFINED IN SECTION 230.11 OF THE PENAL LAW, and the
   18  defendant controverts an allegation that the victim of such offense  was
   19  less  than  eighteen years [of age or, in the case of a conviction under
   20  section 230.04 of the penal law, less than seventeen years of age]  OLD,
   21  the  court,  without a jury, shall, prior to sentencing, conduct a hear-
   22  ing, and the people may prove by clear and convincing evidence that  the
   23  victim  was less than eighteen years [of age] OLD or less than seventeen
   24  years [of age] OLD, as applicable, by any evidence admissible under  the
   25  rules applicable to a trial of the issue of guilt. The court in addition
   26  to  such admissible evidence may also consider reliable hearsay evidence
   27  submitted by either party provided that it is relevant to  the  determi-
   28  nation  of the age of the victim. Facts concerning the age of the victim
   29  proven at trial or ascertained at the time of entry of a plea of  guilty
   30  shall  be  deemed established by clear and convincing evidence and shall
   31  not be relitigated. At the conclusion of the hearing, or if the  defend-
   32  ant does not controvert an allegation that the victim of the offense was
   33  less  than  eighteen years [of age] OLD or less than seventeen years [of
   34  age] OLD, as applicable, the court must make  a  finding  and  enter  an
   35  order  setting  forth the age of the victim. If the court finds that the
   36  victim of such offense was under eighteen years [of age]  OLD  or  under
   37  seventeen years [of age] OLD, as applicable, the court shall certify the
   38  defendant  as  a  sex  offender, the provisions of paragraph (a) of this
   39  subdivision shall apply and the defendant shall register with the  divi-
   40  sion in accordance with the provisions of this article.
   41    S  33.  Paragraph (d) of subdivision 7 of section 995 of the executive
   42  law, as amended by chapter 2 of the laws of 2006, is amended to read  as
   43  follows:
   44    (d)  any  of  the following felonies, or an attempt thereof where such
   45  attempt is a felony offense:
   46    aggravated assault upon a  person  less  than  eleven  years  old,  as
   47  defined  in  section  120.12  of  the  penal  law; menacing in the first
   48  degree, as defined in section 120.13 of the penal law;  reckless  endan-
   49  germent  in  the first degree, as defined in section 120.25 of the penal
   50  law; stalking in the second degree, as defined in section 120.55 of  the
   51  penal  law;  criminally negligent homicide, as defined in section 125.10
   52  of the penal law;  vehicular  manslaughter  in  the  second  degree,  as
   53  defined  in  section  125.12 of the penal law; vehicular manslaughter in
   54  the first degree, as  defined  in  section  125.13  of  the  penal  law;
   55  persistent  sexual abuse, as defined in section 130.53 of the penal law;
   56  aggravated sexual abuse in the fourth  degree,  as  defined  in  section
       A. 9804                            10

    1  130.65-a  of  the  penal  law;  female genital mutilation, as defined in
    2  section 130.85 of the penal law;  facilitating  a  sex  offense  with  a
    3  controlled  substance,  as  defined  in section 130.90 of the penal law;
    4  unlawful  imprisonment in the first degree, as defined in section 135.10
    5  of the penal law; custodial interference in the first degree, as defined
    6  in section 135.50 of the penal  law;  criminal  trespass  in  the  first
    7  degree,  as defined in section 140.17 of the penal law; criminal tamper-
    8  ing in the first degree, as defined in section 145.20 of the penal  law;
    9  tampering  with  a  consumer  product in the first degree, as defined in
   10  section 145.45 of the penal law; robbery in the third degree as  defined
   11  in section 160.05 of the penal law; identity theft in the second degree,
   12  as  defined  in  section  190.79 of the penal law; identity theft in the
   13  first degree, as defined in section 190.80 of the penal  law;  promoting
   14  prison  contraband  in the first degree, as defined in section 205.25 of
   15  the penal law; tampering with a witness in the third degree, as  defined
   16  in  section  215.11  of  the  penal law; tampering with a witness in the
   17  second degree, as defined in section 215.12 of the penal law;  tampering
   18  with  a witness in the first degree, as defined in section 215.13 of the
   19  penal law; criminal contempt in the first degree, as defined in subdivi-
   20  sions (b), (c) and (d) of section 215.51 of the  penal  law;  aggravated
   21  criminal  contempt,  as defined in section 215.52 of the penal law; bail
   22  jumping in the second degree, as defined in section 215.56 of the  penal
   23  law;  bail  jumping in the first degree, as defined in section 215.57 of
   24  the penal law; patronizing a [prostitute] PERSON FOR PROSTITUTION in the
   25  second degree, as defined in section 230.05 of the penal law;  patroniz-
   26  ing  a  [prostitute]  PERSON  FOR  PROSTITUTION  in the first degree, as
   27  defined in section 230.06 of the penal  law;  AGGRAVATED  PATRONIZING  A
   28  MINOR  FOR PROSTITUTION IN THE FIRST DEGREE AS DEFINED IN SECTION 230.13
   29  OF THE PENAL LAW; AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE
   30  SECOND DEGREE AS DEFINED IN SECTION 230.12 OF THE PENAL  LAW;  promoting
   31  prostitution  in  the second degree, as defined in section 230.30 of the
   32  penal law; promoting prostitution in the first  degree,  as  defined  in
   33  section  230.32 of the penal law; compelling prostitution, as defined in
   34  section 230.33 of the  penal  law;  disseminating  indecent  [materials]
   35  MATERIAL to minors in the second degree, as defined in section 235.21 of
   36  the  penal law; disseminating indecent [materials] MATERIAL to minors in
   37  the first degree, as defined in section 235.22 of the penal law; riot in
   38  the first degree, as defined in section 240.06 of the penal law;  crimi-
   39  nal  anarchy,  as defined in section 240.15 of the penal law; aggravated
   40  harassment of an employee by an inmate, as defined in section 240.32  of
   41  the penal law; unlawful surveillance in the second degree, as defined in
   42  section  250.45  of  the  penal  law; unlawful surveillance in the first
   43  degree, as defined in section 250.50 of the penal law;  endangering  the
   44  welfare  of a vulnerable elderly person, OR AN INCOMPETENT OR PHYSICALLY
   45  DISABLED PERSON in the second degree, as defined in  section  260.32  of
   46  the  penal  law; endangering the welfare of a vulnerable elderly person,
   47  OR AN INCOMPETENT OR PHYSICALLY DISABLED PERSON in the first degree,  as
   48  defined  in  section 260.34 of the penal law; use of a child in a sexual
   49  performance, as defined in section 263.05 of the penal law; promoting an
   50  obscene sexual performance by a child, as defined in section  263.10  of
   51  the  penal  law; possessing an obscene sexual performance by a child, as
   52  defined in section 263.11 of the penal law; promoting a sexual  perform-
   53  ance by a child, as defined in section 263.15 of the penal law; possess-
   54  ing a sexual performance by a child, as defined in section 263.16 of the
   55  penal  law;  criminal  possession  of  a  weapon in the third degree, as
   56  defined in section 265.02 of the penal law; criminal sale of  a  firearm
       A. 9804                            11

    1  in  the  third  degree,  as  defined in section 265.11 of the penal law;
    2  criminal sale of a firearm to a minor, as defined in section  265.16  of
    3  the  penal  law;  unlawful wearing of a body vest, as defined in section
    4  270.20 of the penal law; hate crimes as defined in section 485.05 of the
    5  penal  law;  and crime of terrorism, as defined in section 490.25 of the
    6  penal law; or
    7    S 34. Paragraph (c) of subdivision 4 of section 509-cc of the  vehicle
    8  and  traffic  law,  as  amended  by  chapter 400 of the laws of 2011, is
    9  amended to read as follows:
   10    (c) The offenses referred to in subparagraph (i) of paragraph  (b)  of
   11  subdivision one and subparagraph (i) of paragraph (c) of subdivision two
   12  of  this  section  that  result in disqualification for a period of five
   13  years shall include a conviction under sections 100.10, 105.13,  115.05,
   14  120.03,  120.04,  120.04-a,  120.05,  120.10,  120.25,  121.12,  121.13,
   15  125.40, 125.45, 130.20, 130.25, 130.52, 130.55, 135.10, 135.55,  140.17,
   16  140.25,  140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06, 220.09,
   17  220.16, 220.31, 220.34, 220.60, 220.65, 221.30, 221.50, 221.55,  230.00,
   18  230.04,  230.05, 230.06, 230.08, 230.11, 230.12, 230.13, 230.19, 230.20,
   19  235.05, 235.06, 235.07, 235.21, 240.06, 245.00, 260.10, subdivision  two
   20  of  section  260.20 and sections 260.25, 265.02, 265.03, 265.08, 265.09,
   21  265.10, 265.12, 265.35 of the penal law or an attempt to commit  any  of
   22  the  aforesaid  offenses  under  section 110.00 of the penal law, or any
   23  similar offenses committed under a former section of the penal  law,  or
   24  any  offenses  committed  under  a former section of the penal law which
   25  would constitute violations of the aforesaid sections of the penal  law,
   26  or  any  offenses  committed  outside  this state which would constitute
   27  violations of the aforesaid sections of the penal law.
   28    S 35. Section 2324-a of the public health law, as amended  by  chapter
   29  260 of the laws of 1978, is amended to read as follows:
   30    S  2324-a.  Presumptive evidence.  For the purposes of this title, two
   31  or more convictions of any person or persons had, within a period of one
   32  year, for any of the  offenses  described  in  section  230.00,  230.04,
   33  230.05,  230.06,  230.08,  230.11,  230.12, 230.13, 230.20, 230.25 [or],
   34  230.30 OR 230.32 of the penal law arising out of conduct engaged  in  at
   35  the  same real property consisting of a dwelling as that term is defined
   36  in subdivision four of section four of the multiple dwelling  law  shall
   37  be  presumptive evidence of conduct constituting use of the premises for
   38  purposes of prostitution.
   39    S 36. Subdivision 2 of section 715 of the real  property  actions  and
   40  proceedings law, as added by chapter 494 of the laws of 1976, is amended
   41  to read as follows:
   42    2. For purposes of this section, two or more convictions of any person
   43  or  persons  had,  within  a period of one year, for any of the offenses
   44  described in section 230.00, 230.04,  230.05,  230.06,  230.08,  230.11,
   45  230.12,  230.13,  230.20,  230.25, 230.30, 230.32 or 230.40 of the penal
   46  law arising out of conduct engaged in at the same real property consist-
   47  ing of a dwelling as that term is defined in subdivision four of section
   48  four of the multiple dwelling  law  shall  be  presumptive  evidence  of
   49  conduct constituting use of the premises for purposes of prostitution.
   50    S  37.  Subdivision  3  of  section  231  of the real property law, as
   51  amended by chapter 203 of the laws  of  1980,  is  amended  to  read  as
   52  follows:
   53    3.  For  the  purposes of this section, two or more convictions of any
   54  person or persons had, within a period of  one  year,  for  any  of  the
   55  offenses  described  in  section 230.00, 230.04, 230.05, 230.06, 230.08,
   56  230.11, 230.12, 230.13, 230.20, 230.25, 230.30, 230.32 or 230.40 of  the
       A. 9804                            12

    1  penal  law  arising  out  of  conduct  engaged  in  at the same premises
    2  consisting of a dwelling as that term is defined in subdivision four  of
    3  section  four of the multiple dwelling law shall be presumptive evidence
    4  of  unlawful  use  of  such  premises and of the owners knowledge of the
    5  same.
    6    S 38. This act shall take effect on the ninetieth day after  it  shall
    7  have become a law.
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