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:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9804              REVISED 4/19/12
 
SPONSOR: Paulin (MS)
  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 traf- ficking 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 § 230.11), the second degree (Penal Law § 230.12), and the first degree (Penal Law § 230.13) to conform the penalties for patronizing with those for 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 § 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 §§ 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 § 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 § 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 § 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 § 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 § 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 § 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 (§ 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 §230.07. The bill repeals Penal Law § 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 § 230.01 of the Penal Law). In 2010, the Criminal Procedure Law was amended to enable sex trafficking victims to vacate prostitution convictions (§ 440.10(1)(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 (§ 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 § 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 (§230.08 and § 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 § 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 §230.25, 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 (§ 700.05) to allow law enforcement to obtain judicial warrants to conduct eavesdropping and video surveillance where there is reasonable cause that the suspect manages, supervises, controls or owns a house of prostitution, or prostitutes minors or otherwise engages in activities that constitute promoting prostitution in the third degree under Penal Law § 230.25. 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 § 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:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9804
 
                   IN ASSEMBLY
 
                                     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    § 2. Section 60.13 of the penal law, as added by chapter 7 of the laws
     4  of 2007, is amended to read as follows:
     5  § 60.13 Authorized dispositions; felony sex offenses.

     6    When a person is to be sentenced upon  a  conviction  for  any  felony
     7  defined in article one hundred thirty of this chapter, including a sexu-
     8  ally  motivated felony, or patronizing a [prostitute] person for prosti-
     9  tution in the first degree as defined in section 230.06 of this chapter,
    10  aggravated patronizing a minor for prostitution in the third  degree  as
    11  defined  in  section  230.11  of  this chapter, aggravated patronizing a
    12  minor for prostitution in the second degree as defined in section 230.12
    13  of this chapter, aggravated patronizing a minor for prostitution in  the
    14  first degree as defined in section 230.13 of this chapter, incest in the
    15  second degree as defined in section 255.26 of this chapter, or incest in

    16  the  first  degree  as  defined  in section 255.27 of this chapter, or a
    17  felony attempt or conspiracy to commit any of these  crimes,  the  court
    18  must sentence the defendant in accordance with the provisions of section
    19  70.80 of this title.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00832-11-2

        A. 9804                             2
 
     1    § 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    § 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    §  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    § 6.  The penal law is amended by adding a new section 230.01 to  read
    52  as follows:
    53  § 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    §  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    § 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    § 9. Section 230.07 of the penal law is REPEALED  and  a  new  section
    28  230.08 is added to read as follows:
    29  § 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    § 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  § 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    § 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  §  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    §  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  § 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    §  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    § 14. The penal law is amended by adding three  new  sections  230.11,
    24  230.12 and 230.13 to read as follows:
    25  § 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  § 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  § 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    §  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    §  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    § 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    §  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    §  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    §  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  § 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    § 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    § 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  § 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    §  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    §  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    §  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    § 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    §  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    §  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    § 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    §  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    § 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    §  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    §  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    § 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    § 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    §  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    § 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    §  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    § 38. This act shall take effect on the ninetieth day after  it  shall
     7  have become a law.
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