amd Pen L, generally; amd §168-a, Cor L; amd §§245.10, 245.20, 420.35, 440.10, 510.10, 530.20, 530.40 &
700.05, CP L; amd §§108, 621 & 995, Exec L; amd §1012, Fam Ct Act; amd §§410 & 408-b, Gen Bus L; amd §10.03,
Ment Hyg L; amd §§2324-a & 465, add §468, Pub Health L; amd §§447-a, 483-aa & 483-bb, Soc Serv L; amd
§§509-cc & 510-d, V & T L; amd §§3-118, 9-131 & 14-154, NYC Ad Cd; add §409-o, amd §806-a, Ed L; add §9-0905,
En Con L
Relates to human trafficking offenses and the classification of certain trafficking offenses; includes new offenses in existing provisions of law relating to registration, procedure, affirmative defenses, bail, loss of certain licenses, recovery by victims for trafficking offenses and definitions (Part A); requires the posting of signs at schools and the inclusion of human trafficking education in the driver's education course; requires the posting of signs relating to human trafficking in tattoo and body piercing studios and certain parks; requires education in human trafficking for persons working in nail specialty, waxing, natural hair styling, esthetics and cosmetology (Part B).
STATE OF NEW YORK
________________________________________________________________________
8446
2025-2026 Regular Sessions
IN SENATE
June 25, 2025
___________
Introduced by Sen. ROLISON -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the penal law, in relation to human trafficking offenses
and the classification of certain offenses; and to amend the
correction law, the criminal procedure law, the executive law, the
family court act, the general business law, the mental hygiene law,
the public health law, the penal law, the social services law, the
vehicle and traffic law and the administrative code of the city of New
York, in relation to the inclusion of new offenses in existing
provisions of law (Part A); and to amend the education law, in
relation to the posting of signs relating to human trafficking and the
content of driver's education courses; to amend the public health law
and the environmental conservation law, in relation to the posting of
signs relating to human trafficking; to amend the public health law,
in relation to making conforming changes; and to amend the general
business law, in relation to education courses for nail specialty,
waxing, natural hair styling, esthetics and cosmetology (Part B);
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as the "no traf-
2 ficking zone act".
3 § 2. This act enacts into law major components of legislation neces-
4 sary to implement certain provisions regarding human trafficking. Each
5 component is wholly contained within a Part identified as Parts A
6 through B. The effective date for each particular provision contained
7 within such Part is set forth in the last section of such Part. Any
8 provision in any section contained within a Part, including the effec-
9 tive date of the Part, which makes a reference to a section "of this
10 act", when used in connection with that particular component, shall be
11 deemed to mean and refer to the corresponding section of the Part in
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10731-02-5
S. 8446 2
1 which it is found. Section four of this act sets forth the general
2 effective date of this act.
3 PART A
4 Section 1. The penal law is amended by adding a new section 230.34-b
5 to read as follows:
6 § 230.34-b Sex trafficking in a school zone.
7 1. A person is guilty of sex trafficking in a school zone when such
8 person commits the offense of sex trafficking as defined in section
9 230.34 of this article and is:
10 (a) in a school zone during hours that the school is in session; or
11 (b) in any location where an official function of public or private
12 elementary, parochial, intermediate, junior high, vocational, or high
13 school is occurring.
14 2. For the purposes of this section, "school zone" shall mean school
15 zone as defined in subdivision two of section 230.03 of this article.
16 Sex trafficking in a school zone is a class A-II felony.
17 § 2. The closing paragraph of section 230.34-a of the penal law, as
18 added by chapter 189 of the laws of 2018, is amended to read as follows:
19 Sex trafficking of a child is a class [B] A-II felony.
20 § 3. The penal law is amended by adding a new section 135.38 to read
21 as follows:
22 § 135.38 Labor trafficking in a school zone.
23 1. A person is guilty of labor trafficking in a school zone when such
24 person commits the offense of labor trafficking, as defined in section
25 135.35 of this article and is:
26 (a) in a school zone during hours that the school is in session; or
27 (b) in any location where an official function of public or private
28 elementary, parochial, intermediate, junior high, vocational, or high
29 school is occurring.
30 2. For the purposes of this section, "school zone" shall mean school
31 zone as defined in subdivision two of section 230.03 of this part.
32 Labor trafficking in a school zone is a class A-II felony.
33 § 4. Subdivision 2 of section 230.03 of the penal law, as amended by
34 chapter 368 of the laws of 2015, is amended to read as follows:
35 2. For the purposes of this section, section 230.08 [and], section
36 230.19 and section 230.34-b of this article, and section 135.38 of this
37 part "school zone" means (a) in or on or within any building, structure,
38 athletic playing field, playground or land contained within the real
39 property boundary line of a public or private elementary, parochial,
40 intermediate, junior high, vocational, or high school, or (b) any public
41 sidewalk, street, parking lot, park, playground or private land, located
42 immediately adjacent to the boundary line of such school.
43 § 5. Subparagraph (i) of paragraph (a) of subdivision 2 of section
44 168-a of the correction law, as amended by chapter 23 of the laws of
45 2024, is amended to read as follows:
46 (i) a conviction of or a conviction for an attempt to commit any of
47 the provisions of sections 120.70, 130.20, 130.25, 130.30, former
48 section 130.40, former section 130.45, sections 130.60, 230.34,
49 230.34-a, 230.34-b, 250.50, 255.25, 255.26 and 255.27 or article two
50 hundred sixty-three of the penal law, or section 135.05, 135.10, 135.20
51 or 135.25 of such law relating to kidnapping offenses, provided the
52 victim of such kidnapping or related offense is less than seventeen
53 years old and the offender is not the parent of the victim, or section
54 230.04, where the person patronized is in fact less than seventeen years
S. 8446 3
1 of age, 230.05, 230.06, 230.11, 230.12, 230.13, subdivision two of
2 section 230.30, section 230.32, 230.33, or 230.34 of the penal law, or
3 section 230.25 of the penal law where the person prostituted is in fact
4 less than seventeen years old, or
5 § 6. Clause (A) of subparagraph (iv) of paragraph (a) of subdivision 1
6 of section 245.10 of the criminal procedure law, as amended by section 1
7 of part HHH of chapter 56 of the laws of 2020, is amended to read as
8 follows:
9 (A) Portions of materials claimed to be non-discoverable may be with-
10 held pending a determination and ruling of the court under section
11 245.70 of this article; but the defendant shall be notified in writing
12 that information has not been disclosed under a particular subdivision
13 of such section, and the discoverable portions of such materials shall
14 be disclosed to the extent practicable. Information related to or
15 evidencing the identity of a 911 caller, the victim or witness of an
16 offense defined under article one hundred thirty or sections 230.34
17 [and], 230.34-a and 230.34-b of the penal law, or any other victim or
18 witness of a crime where the defendant has substantiated affiliation
19 with a criminal enterprise as defined in subdivision three of section
20 460.10 of the penal law may be withheld, provided, however, the defend-
21 ant may move the court for disclosure.
22 § 7. Paragraph (c) of subdivision 1 of section 245.20 of the criminal
23 procedure law, as amended by section 2 of part HHH of chapter 56 of the
24 laws of 2020, is amended to read as follows
25 (c) The names and adequate contact information for all persons other
26 than law enforcement personnel whom the prosecutor knows to have
27 evidence or information relevant to any offense charged or to any poten-
28 tial defense thereto, including a designation by the prosecutor as to
29 which of those persons may be called as witnesses. Nothing in this para-
30 graph shall require the disclosure of physical addresses; provided,
31 however, upon a motion and good cause shown the court may direct the
32 disclosure of a physical address. Information under this subdivision
33 relating to the identity of a 911 caller, the victim or witness of an
34 offense defined under article one hundred thirty or section 230.34 [or],
35 230.34-a or 230.34-b of the penal law, any other victim or witness of a
36 crime where the defendant has substantiated affiliation with a criminal
37 enterprise as defined in subdivision three of section 460.10 of the
38 penal law, or a confidential informant may be withheld, and redacted
39 from discovery materials, without need for a motion pursuant to section
40 245.70 of this article; but the prosecution shall notify the defendant
41 in writing that such information has not been disclosed, unless the
42 court rules otherwise for good cause shown.
43 § 8. Subdivision 2 of section 420.35 of the criminal procedure law, as
44 amended by chapter 23 of the laws of 2021, is amended to read as
45 follows:
46 2. Except as provided in this subdivision or subdivision two-a of this
47 section, under no circumstances shall the mandatory surcharge, sex
48 offender registration fee, DNA databank fee or the crime victim assist-
49 ance fee be waived. A court shall waive any mandatory surcharge, DNA
50 databank fee and crime victim assistance fee when: (i) the defendant is
51 convicted of prostitution under section 230.00 of the penal law; (ii)
52 the defendant is convicted of a violation in the event such conviction
53 is in lieu of a plea to or conviction for prostitution under section
54 230.00 of the penal law; (iii) the court finds that a defendant is a
55 victim of sex trafficking under section 230.34 of the penal law or a
56 victim of trafficking in persons under the trafficking victims
S. 8446 4
1 protection act (United States Code, Title 22, Chapter 78); [or] (iv) the
2 court finds that the defendant is a victim of sex trafficking of a child
3 under section 230.34-a of the penal law; or (v) the court finds that the
4 defendant is a victim of sex trafficking in a school zone under section
5 230.34-b of the penal law.
6 § 9. The opening paragraph of paragraph (i) of subdivision 1 of
7 section 440.10 of the criminal procedure law, as amended by chapter 629
8 of the laws of 2021, is amended to read as follows:
9 The judgment is a conviction where the defendant's participation in
10 the offense was a result of having been a victim of sex trafficking
11 under section 230.34 of the penal law, sex trafficking of a child under
12 section 230.34-a of the penal law, sex trafficking in a school zone
13 under section 230.34-b of the penal law, labor trafficking under section
14 135.35 of the penal law, aggravated labor trafficking under section
15 135.37 of the penal law, labor trafficking in a school zone under
16 section 135.38 of the penal law, compelling prostitution under section
17 230.33 of the penal law, or trafficking in persons under the Trafficking
18 Victims Protection Act (United States Code, title 22, chapter 78);
19 provided that
20 § 10. Paragraph (e) of subdivision 4 of section 510.10 of the criminal
21 procedure law, as amended by section 2 of part UU of chapter 56 of the
22 laws of 2020, is amended to read as follows:
23 (e) a sex trafficking offense defined in section 230.34 [or], 230.34-a
24 or 230.34-b of the penal law, or a felony sex offense defined in section
25 70.80 of the penal law, or a crime involving incest as defined in
26 section 255.25, 255.26 or 255.27 of such law, or a misdemeanor defined
27 in article one hundred thirty of such law;
28 § 11. Subparagraph (v) of paragraph (b) of subdivision 1 of section
29 530.20 of the criminal procedure law, as amended by section 3 of part UU
30 of chapter 56 of the laws of 2020, is amended to read as follows:
31 (v) a sex trafficking offense defined in section 230.34 [or], 230.34-a
32 or 230.34-b of the penal law, or a felony sex offense defined in section
33 70.80 of the penal law or a crime involving incest as defined in section
34 255.25, 255.26 or 255.27 of such law, or a misdemeanor defined in arti-
35 cle one hundred thirty of such law;
36 § 12. Paragraph (e) of subdivision 4 of section 530.40 of the criminal
37 procedure law, as amended by section 4 of part UU of chapter 56 of the
38 laws of 2020, is amended to read as follows:
39 (e) a sex trafficking offense defined in section 230.34 [or], 230.34-a
40 or 230.34-b of the penal law, or a felony sex offense defined in section
41 70.80 of the penal law or a crime involving incest as defined in section
42 255.25, 255.26 or 255.27 of such law, or a misdemeanor defined in arti-
43 cle one hundred thirty of such law;
44 § 13. Paragraph (b) of subdivision 8 of section 700.05 of the criminal
45 procedure law, as amended by chapter 23 of the laws of 2024, is amended
46 to read as follows:
47 (b) Any of the following felonies: assault in the second degree as
48 defined in section 120.05 of the penal law, assault in the first degree
49 as defined in section 120.10 of the penal law, reckless endangerment in
50 the first degree as defined in section 120.25 of the penal law, promot-
51 ing a suicide attempt as defined in section 120.30 of the penal law,
52 strangulation in the second degree as defined in section 121.12 of the
53 penal law, strangulation in the first degree as defined in section
54 121.13 of the penal law, criminally negligent homicide as defined in
55 section 125.10 of the penal law, manslaughter in the second degree as
56 defined in section 125.15 of the penal law, manslaughter in the first
S. 8446 5
1 degree as defined in section 125.20 of the penal law, murder in the
2 second degree as defined in section 125.25 of the penal law, murder in
3 the first degree as defined in section 125.27 of the penal law, rape in
4 the third degree as defined in section 130.25 of the penal law, rape in
5 the second degree as defined in section 130.30 of the penal law, rape in
6 the first degree as defined in section 130.35 of the penal law, a crime
7 formerly defined in section 130.40 of the penal law, a crime formerly
8 defined in section 130.45 of the penal law, a crime formerly defined in
9 section 130.50 of the penal law, sexual abuse in the first degree as
10 defined in section 130.65 of the penal law, unlawful imprisonment in the
11 first degree as defined in section 135.10 of the penal law, kidnapping
12 in the second degree as defined in section 135.20 of the penal law,
13 kidnapping in the first degree as defined in section 135.25 of the penal
14 law, labor trafficking as defined in section 135.35 of the penal law,
15 aggravated labor trafficking as defined in section 135.37 of the penal
16 law, labor trafficking in a school zone as defined in section 135.38 of
17 the penal law, custodial interference in the first degree as defined in
18 section 135.50 of the penal law, coercion in the first degree as defined
19 in section 135.65 of the penal law, criminal trespass in the first
20 degree as defined in section 140.17 of the penal law, burglary in the
21 third degree as defined in section 140.20 of the penal law, burglary in
22 the second degree as defined in section 140.25 of the penal law,
23 burglary in the first degree as defined in section 140.30 of the penal
24 law, criminal mischief in the third degree as defined in section 145.05
25 of the penal law, criminal mischief in the second degree as defined in
26 section 145.10 of the penal law, criminal mischief in the first degree
27 as defined in section 145.12 of the penal law, criminal tampering in the
28 first degree as defined in section 145.20 of the penal law, arson in the
29 fourth degree as defined in section 150.05 of the penal law, arson in
30 the third degree as defined in section 150.10 of the penal law, arson in
31 the second degree as defined in section 150.15 of the penal law, arson
32 in the first degree as defined in section 150.20 of the penal law, grand
33 larceny in the fourth degree as defined in section 155.30 of the penal
34 law, grand larceny in the third degree as defined in section 155.35 of
35 the penal law, grand larceny in the second degree as defined in section
36 155.40 of the penal law, grand larceny in the first degree as defined in
37 section 155.42 of the penal law, health care fraud in the fourth degree
38 as defined in section 177.10 of the penal law, health care fraud in the
39 third degree as defined in section 177.15 of the penal law, health care
40 fraud in the second degree as defined in section 177.20 of the penal
41 law, health care fraud in the first degree as defined in section 177.25
42 of the penal law, robbery in the third degree as defined in section
43 160.05 of the penal law, robbery in the second degree as defined in
44 section 160.10 of the penal law, robbery in the first degree as defined
45 in section 160.15 of the penal law, unlawful use of secret scientific
46 material as defined in section 165.07 of the penal law, criminal
47 possession of stolen property in the fourth degree as defined in section
48 165.45 of the penal law, criminal possession of stolen property in the
49 third degree as defined in section 165.50 of the penal law, criminal
50 possession of stolen property in the second degree as defined by section
51 165.52 of the penal law, criminal possession of stolen property in the
52 first degree as defined by section 165.54 of the penal law, trademark
53 counterfeiting in the second degree as defined in section 165.72 of the
54 penal law, trademark counterfeiting in the first degree as defined in
55 section 165.73 of the penal law, forgery in the second degree as defined
56 in section 170.10 of the penal law, forgery in the first degree as
S. 8446 6
1 defined in section 170.15 of the penal law, criminal possession of a
2 forged instrument in the second degree as defined in section 170.25 of
3 the penal law, criminal possession of a forged instrument in the first
4 degree as defined in section 170.30 of the penal law, criminal
5 possession of forgery devices as defined in section 170.40 of the penal
6 law, falsifying business records in the first degree as defined in
7 section 175.10 of the penal law, tampering with public records in the
8 first degree as defined in section 175.25 of the penal law, offering a
9 false instrument for filing in the first degree as defined in section
10 175.35 of the penal law, issuing a false certificate as defined in
11 section 175.40 of the penal law, criminal diversion of prescription
12 medications and prescriptions in the second degree as defined in section
13 178.20 of the penal law, criminal diversion of prescription medications
14 and prescriptions in the first degree as defined in section 178.25 of
15 the penal law, residential mortgage fraud in the fourth degree as
16 defined in section 187.10 of the penal law, residential mortgage fraud
17 in the third degree as defined in section 187.15 of the penal law, resi-
18 dential mortgage fraud in the second degree as defined in section 187.20
19 of the penal law, residential mortgage fraud in the first degree as
20 defined in section 187.25 of the penal law, escape in the second degree
21 as defined in section 205.10 of the penal law, escape in the first
22 degree as defined in section 205.15 of the penal law, absconding from
23 temporary release in the first degree as defined in section 205.17 of
24 the penal law, promoting prison contraband in the first degree as
25 defined in section 205.25 of the penal law, hindering prosecution in the
26 second degree as defined in section 205.60 of the penal law, hindering
27 prosecution in the first degree as defined in section 205.65 of the
28 penal law, sex trafficking as defined in section 230.34 of the penal
29 law, sex trafficking of a child as defined in section 230.34-a of the
30 penal law, sex trafficking in a school zone as defined in section
31 230.34-b of the penal law, criminal possession of a weapon in the third
32 degree as defined in subdivisions two, three and five of section 265.02
33 of the penal law, criminal possession of a weapon in the second degree
34 as defined in section 265.03 of the penal law, criminal possession of a
35 weapon in the first degree as defined in section 265.04 of the penal
36 law, manufacture, transport, disposition and defacement of weapons and
37 dangerous instruments and appliances defined as felonies in subdivisions
38 one, two, and three of section 265.10 of the penal law, sections 265.11,
39 265.12 and 265.13 of the penal law, or prohibited use of weapons as
40 defined in subdivision two of section 265.35 of the penal law, relating
41 to firearms and other dangerous weapons, criminal manufacture, sale or
42 transport of an undetectable firearm, rifle or shotgun as defined in
43 section 265.50 of the penal law, or failure to disclose the origin of a
44 recording in the first degree as defined in section 275.40 of the penal
45 law;
46 § 14. Paragraph (k) of subdivision 1 of section 108 of the executive
47 law, as added by chapter 141 of the laws of 2019, is amended to read as
48 follows:
49 (k) "Victim of human trafficking" means a victim of any act constitut-
50 ing an offense as defined under section 135.35, 135.37, 135.38 230.34,
51 [or] 230.34-a or 230.34-b of the penal law.
52 § 15. Subdivision 5 of section 621 of the executive law, as amended by
53 chapter 189 of the laws of 2018, is amended to read as follows:
54 5. "Victim" shall mean (a) a person who suffers personal physical
55 injury as a direct result of a crime; (b) a person who is the victim of
56 either the crime of (1) unlawful imprisonment in the first degree as
S. 8446 7
1 defined in section 135.10 of the penal law, (2) kidnapping in the second
2 degree as defined in section 135.20 of the penal law, (3) kidnapping in
3 the first degree as defined in section 135.25 of the penal law, (4)
4 menacing in the first degree as defined in section 120.13 of the penal
5 law, (5) criminal obstruction of breathing or blood circulation as
6 defined in section 121.11 of the penal law, (6) harassment in the second
7 degree as defined in section 240.26 of the penal law, (7) harassment in
8 the first degree as defined in section 240.25 of the penal law, (8)
9 aggravated harassment in the second degree as defined in subdivision
10 three or five of section 240.30 of the penal law, (9) aggravated harass-
11 ment in the first degree as defined in subdivision two of section 240.31
12 of the penal law, (10) criminal contempt in the first degree as defined
13 in subdivision (b) or subdivision (c) of section 215.51 of the penal
14 law, (11) stalking in the fourth, third, second or first degree as
15 defined in sections 120.45, 120.50, 120.55 and 120.60 of the penal law,
16 (12) labor trafficking as defined in section 135.35 of the penal law,
17 (13) labor trafficking in a school zone as defined in section 135.38 of
18 the penal law, (14) sex trafficking as defined in section 230.34 of the
19 penal law; [or (14)] (15) sex trafficking of a child as defined in
20 section 230.34-a of the penal law; (16) sex trafficking in a school zone
21 as defined in section 230.34-b of the penal law; (17) a vulnerable
22 elderly person or an incompetent or physically disabled person as
23 defined in section 260.31 of the penal law who incurs a loss of savings
24 as defined in subdivision twenty-four of this section; or (18) a person
25 who has had a frivolous lawsuit filed against them.
26 § 16. Subdivision 7 of section 995 of the executive law, as amended
27 by chapter 715 of the laws of 2021, is amended to read as follows:
28 7. "Designated offender" means a person convicted of any felony
29 defined in any chapter of the laws of the state or any misdemeanor
30 defined in the penal law except: (a) a person convicted of prostitution
31 under section 230.00 of the penal law, or (b) a person whose partic-
32 ipation in the offense is determined by a court to have been a result of
33 having been a victim of sex trafficking under section 230.34 of the
34 penal law, sex trafficking of a child under section 230.34-a of the
35 penal law, sex trafficking in a school zone under section 230.34-b of
36 the penal law, or trafficking in persons under the trafficking victims
37 protection act (United States Code, Title 22, Chapter 78).
38 § 17. Paragraph (iii) of subdivision (e) of section 1012 of the fami-
39 ly court act, as amended by chapter 189 of the laws of 2018, is amended
40 to read as follows:
41 (iii) (A) commits, or allows to be committed an offense against such
42 child defined in article one hundred thirty of the penal law; (B)
43 allows, permits or encourages such child to engage in any act described
44 in sections 230.25, 230.30, 230.32 [and], 230.34-a and 230.34-b of the
45 penal law; (C) commits any of the acts described in sections 255.25,
46 255.26 and 255.27 of the penal law; (D) allows such child to engage in
47 acts or conduct described in article two hundred sixty-three of the
48 penal law; or (E) permits or encourages such child to engage in any act
49 or commits or allows to be committed against such child any offense that
50 would render such child either a victim of sex trafficking or a victim
51 of severe forms of trafficking in persons pursuant to 22 U.S.C. 7102 as
52 enacted by public law 106-386 or any successor federal statute; (F)
53 provided, however, that (1) the corroboration requirements contained in
54 the penal law and (2) the age requirement for the application of article
55 two hundred sixty-three of such law shall not apply to proceedings under
56 this article.
S. 8446 8
1 § 18. Paragraph f of subdivision 1 of section 410 of the general busi-
2 ness law, as amended by chapter 189 of the laws of 2018, is amended to
3 read as follows:
4 f. Conviction of any of the following crimes subsequent to the issu-
5 ance of a license or registration pursuant to this article: fraud pursu-
6 ant to sections 170.10, 170.15, 176.15, 176.20, 176.25, 176.30 and
7 190.65; falsifying business records pursuant to section 175.10; grand
8 larceny pursuant to article 155; bribery pursuant to sections 180.03,
9 180.08, 180.15, 180.25, 200.00, 200.03, 200.04, 200.10, 200.11, 200.12,
10 200.45, 200.50; perjury pursuant to sections 210.10, 210.15, 210.40;
11 assault pursuant to sections 120.05, 120.10, 120.11, 120.12; robbery
12 pursuant to article 160; homicide pursuant to sections 125.25 and
13 125.27; manslaughter pursuant to sections 125.15 and 125.20; kidnapping
14 and unlawful imprisonment pursuant to sections 135.10, 135.20 and
15 135.25; unlawful weapons possession pursuant to sections 265.02, 265.03
16 and 265.04; criminal use of a weapon pursuant to sections 265.08 and
17 265.09; criminal sale of a weapon pursuant to sections 265.11 and
18 265.12; compelling prostitution pursuant to section 230.33; sex traf-
19 ficking pursuant to section 230.34; sex trafficking of a child pursuant
20 to section 230.34-a; sex trafficking in a school zone pursuant to
21 section 230.34-b; and sex offenses pursuant to article 130 of the penal
22 law. Provided, however, that for the purposes of this article, none of
23 the following shall be considered criminal convictions or reported as
24 such: (i) a conviction for which an executive pardon has been issued
25 pursuant to the executive law; (ii) a conviction which has been vacated
26 and replaced by a youthful offender finding pursuant to article seven
27 hundred twenty of the criminal procedure law, or the applicable
28 provisions of law of any other jurisdiction; or (iii) a conviction the
29 records of which have been expunged or sealed pursuant to the applicable
30 provisions of the laws of this state or of any other jurisdiction; and
31 (iv) a conviction for which other evidence of successful rehabilitation
32 to remove the disability has been issued.
33 § 19. Subdivision (f) of section 10.03 of the mental hygiene law, as
34 amended by chapter 189 of the laws of 2018, is amended to read as
35 follows:
36 (f) "Designated felony" means any felony offense defined by any of the
37 following provisions of the penal law: assault in the second degree as
38 defined in section 120.05, assault in the first degree as defined in
39 section 120.10, gang assault in the second degree as defined in section
40 120.06, gang assault in the first degree as defined in section 120.07,
41 stalking in the first degree as defined in section 120.60, strangulation
42 in the second degree as defined in section 121.12, strangulation in the
43 first degree as defined in section 121.13, manslaughter in the second
44 degree as defined in subdivision one of section 125.15, manslaughter in
45 the first degree as defined in section 125.20, murder in the second
46 degree as defined in section 125.25, aggravated murder as defined in
47 section 125.26, murder in the first degree as defined in section 125.27,
48 kidnapping in the second degree as defined in section 135.20, kidnapping
49 in the first degree as defined in section 135.25, burglary in the third
50 degree as defined in section 140.20, burglary in the second degree as
51 defined in section 140.25, burglary in the first degree as defined in
52 section 140.30, arson in the second degree as defined in section 150.15,
53 arson in the first degree as defined in section 150.20, robbery in the
54 third degree as defined in section 160.05, robbery in the second degree
55 as defined in section 160.10, robbery in the first degree as defined in
56 section 160.15, promoting prostitution in the second degree as defined
S. 8446 9
1 in section 230.30, promoting prostitution in the first degree as defined
2 in section 230.32, compelling prostitution as defined in section 230.33,
3 sex trafficking of a child as defined in section 230.34-a, sex traffick-
4 ing in a school zone as defined in section 230.34-b, disseminating inde-
5 cent material to minors in the first degree as defined in section
6 235.22, use of a child in a sexual performance as defined in section
7 263.05, promoting an obscene sexual performance by a child as defined in
8 section 263.10, promoting a sexual performance by a child as defined in
9 section 263.15, or any felony attempt or conspiracy to commit any of the
10 foregoing offenses.
11 § 20. Section 2324-a of the public health law, as amended by chapter
12 189 of the laws of 2018, is amended to read as follows:
13 § 2324-a. Presumptive evidence. For the purposes of this title, two or
14 more convictions of any person or persons had, within a period of one
15 year, for any of the offenses described in section 230.00, 230.05,
16 230.06, 230.08, 230.11, 230.12, 230.13, 230.20, 230.25, 230.30, 230.32
17 [or], 230.34-a or 230.34-b of the penal law arising out of conduct
18 engaged in at the same real property consisting of a dwelling as that
19 term is defined in subdivision four of section four of the multiple
20 dwelling law shall be presumptive evidence of conduct constituting use
21 of the premises for purposes of prostitution.
22 § 21. Paragraph (a) of subdivision 1 of section 70.02 of the penal
23 law, as amended by chapter 23 of the laws of 2024, is amended to read as
24 follows:
25 (a) Class B violent felony offenses: an attempt to commit the class
26 A-I felonies of murder in the second degree as defined in section
27 125.25, kidnapping in the first degree as defined in section 135.25, and
28 arson in the first degree as defined in section 150.20; manslaughter in
29 the first degree as defined in section 125.20, aggravated manslaughter
30 in the first degree as defined in section 125.22, rape in the first
31 degree as defined in section 130.35, a crime formerly defined in section
32 130.50, aggravated sexual abuse in the first degree as defined in
33 section 130.70, course of sexual conduct against a child in the first
34 degree as defined in section 130.75, assault in the first degree as
35 defined in section 120.10, kidnapping in the second degree as defined in
36 section 135.20, burglary in the first degree as defined in section
37 140.30, arson in the second degree as defined in section 150.15, robbery
38 in the first degree as defined in section 160.15, sex trafficking as
39 defined in paragraphs (a) and (b) of subdivision five of section 230.34,
40 [sex trafficking of a child as defined in section 230.34-a,] incest in
41 the first degree as defined in section 255.27, criminal possession of a
42 weapon in the first degree as defined in section 265.04, criminal use of
43 a firearm in the first degree as defined in section 265.09, criminal
44 sale of a firearm in the first degree as defined in section 265.13,
45 aggravated assault upon a police officer or a peace officer as defined
46 in section 120.11, gang assault in the first degree as defined in
47 section 120.07, intimidating a victim or witness in the first degree as
48 defined in section 215.17, hindering prosecution of terrorism in the
49 first degree as defined in section 490.35, criminal possession of a
50 chemical weapon or biological weapon in the second degree as defined in
51 section 490.40, and criminal use of a chemical weapon or biological
52 weapon in the third degree as defined in section 490.47.
53 § 22. Subdivision 1 of section 120.70 of the penal law, as amended by
54 chapter 189 of the laws of 2018, is amended to read as follows:
55 1. A person is guilty of luring a child when [he or she] such person
56 lures a child into a motor vehicle, aircraft, watercraft, isolated area,
S. 8446 10
1 building, or part thereof, for the purpose of committing against such
2 child any of the following offenses: an offense as defined in section
3 70.02 of this chapter; an offense as defined in section 125.25 or 125.27
4 of this [chapter] title; a felony offense that is a violation of article
5 one hundred thirty of this [chapter] title; an offense as defined in
6 section 135.25 of this [chapter] title; an offense as defined in
7 sections 230.30, 230.33, 230.34 [or], 230.34-a or 230.34-b of this
8 [chapter] part; an offense as defined in sections 255.25, 255.26, or
9 255.27 of this [chapter] part; or an offense as defined in sections
10 263.05, 263.10, or 263.15 of this [chapter] part. For purposes of this
11 subdivision "child" means a person less than seventeen years of age.
12 Nothing in this section shall be deemed to preclude, if the evidence
13 warrants, a conviction for the commission or attempted commission of any
14 crime, including but not limited to a crime defined in article one
15 hundred thirty-five of this [chapter] title.
16 § 23. Subdivision 2 of section 130.91 of the penal law, as amended by
17 chapter 189 of the laws of 2018, is amended to read as follows:
18 2. A "specified offense" is a felony offense defined by any of the
19 following provisions of this chapter: assault in the second degree as
20 defined in section 120.05, assault in the first degree as defined in
21 section 120.10, gang assault in the second degree as defined in section
22 120.06, gang assault in the first degree as defined in section 120.07,
23 stalking in the first degree as defined in section 120.60, strangulation
24 in the second degree as defined in section 121.12, strangulation in the
25 first degree as defined in section 121.13, manslaughter in the second
26 degree as defined in subdivision one of section 125.15, manslaughter in
27 the first degree as defined in section 125.20, murder in the second
28 degree as defined in section 125.25, aggravated murder as defined in
29 section 125.26, murder in the first degree as defined in section 125.27,
30 kidnapping in the second degree as defined in section 135.20, kidnapping
31 in the first degree as defined in section 135.25, burglary in the third
32 degree as defined in section 140.20, burglary in the second degree as
33 defined in section 140.25, burglary in the first degree as defined in
34 section 140.30, arson in the second degree as defined in section 150.15,
35 arson in the first degree as defined in section 150.20, robbery in the
36 third degree as defined in section 160.05, robbery in the second degree
37 as defined in section 160.10, robbery in the first degree as defined in
38 section 160.15, promoting prostitution in the second degree as defined
39 in section 230.30, promoting prostitution in the first degree as defined
40 in section 230.32, compelling prostitution as defined in section 230.33,
41 sex trafficking of a child as defined in section 230.34-a, sex traffick-
42 ing in a school zone as defined in section 230.34-b, disseminating inde-
43 cent material to minors in the first degree as defined in section
44 235.22, use of a child in a sexual performance as defined in section
45 263.05, promoting an obscene sexual performance by a child as defined in
46 section 263.10, promoting a sexual performance by a child as defined in
47 section 263.15, or any felony attempt or conspiracy to commit any of the
48 foregoing offenses.
49 § 24. Section 230.01 of the penal law, as amended by chapter 23 of the
50 laws of 2021, is amended to read as follows:
51 § 230.01 Prostitution; affirmative defense.
52 In any prosecution under section 230.00, section 230.03, section
53 230.19, section 230.20, subdivision 2 of section 230.25, subdivision 2
54 of section 230.30 [or], section 230.34-a or section 230.34-b of this
55 article, it is an affirmative defense that the defendant's participation
56 in the offense was a result of having been a victim of compelling pros-
S. 8446 11
1 titution under section 230.33 of this article, a victim of sex traffick-
2 ing under section 230.34 of this article, a victim of sex trafficking of
3 a child under section 230.34-a of this article, a victim of sex traf-
4 ficking in a school zone under section 230.34-b of this article or a
5 victim of trafficking in persons under the trafficking victims
6 protection act (United States Code, Title 22, Chapter 78).
7 § 25. Paragraph (a) of subdivision 1 of section 460.10 of the penal
8 law, as amended by chapter 134 of the laws of 2019, is amended to read
9 as follows:
10 (a) Any of the felonies set forth in this chapter: sections 120.05,
11 120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat-
12 ing to strangulation; sections 125.10 to 125.27 relating to homicide;
13 sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and
14 135.25 relating to kidnapping; sections 135.35 [and], 135.37 and 135.38
15 relating to labor trafficking; section 135.65 relating to coercion;
16 sections 140.20, 140.25 and 140.30 relating to burglary; sections
17 145.05, 145.10 and 145.12 relating to criminal mischief; article one
18 hundred fifty relating to arson; sections 155.30, 155.35, 155.40 and
19 155.42 relating to grand larceny; sections 177.10, 177.15, 177.20 and
20 177.25 relating to health care fraud; article one hundred sixty relating
21 to robbery; sections 165.45, 165.50, 165.52 and 165.54 relating to crim-
22 inal possession of stolen property; sections 165.72 and 165.73 relating
23 to trademark counterfeiting; sections 170.10, 170.15, 170.25, 170.30,
24 170.40, 170.65 and 170.70 relating to forgery; sections 175.10, 175.25,
25 175.35, 175.40 and 210.40 relating to false statements; sections 176.15,
26 176.20, 176.25 and 176.30 relating to insurance fraud; sections 178.20
27 and 178.25 relating to criminal diversion of prescription medications
28 and prescriptions; sections 180.03, 180.08, 180.15, 180.25, 180.40,
29 180.45, 200.00, 200.03, 200.04, 200.10, 200.11, 200.12, 200.20, 200.22,
30 200.25, 200.27, 200.56, 215.00, 215.05 and 215.19 relating to bribery;
31 sections 187.10, 187.15, 187.20 and 187.25 relating to residential mort-
32 gage fraud, sections 190.40 and 190.42 relating to criminal usury;
33 section 190.65 relating to schemes to defraud; any felony defined in
34 article four hundred ninety-six; sections 205.60 and 205.65 relating to
35 hindering prosecution; sections 210.10, 210.15, and 215.51 relating to
36 perjury and contempt; section 215.40 relating to tampering with physical
37 evidence; sections 220.06, 220.09, 220.16, 220.18, 220.21, 220.31,
38 220.34, 220.39, 220.41, 220.43, 220.46, 220.55, 220.60, 220.65 and
39 220.77 relating to controlled substances; sections 225.10 and 225.20
40 relating to gambling; sections 230.25, 230.30, and 230.32 relating to
41 promoting prostitution; section 230.34 relating to sex trafficking;
42 section 230.34-a relating to sex trafficking of a child; section
43 230.34-b relating to sex trafficking in a school zone; sections 235.06,
44 235.07, 235.21 and 235.22 relating to obscenity; sections 263.10 and
45 263.15 relating to promoting a sexual performance by a child; sections
46 265.02, 265.03, 265.04, 265.11, 265.12, 265.13 and the provisions of
47 section 265.10 which constitute a felony relating to firearms and other
48 dangerous weapons; sections 265.14 and 265.16 relating to criminal sale
49 of a firearm; section 265.50 relating to the criminal manufacture, sale
50 or transport of an undetectable firearm, rifle or shotgun; section
51 275.10, 275.20, 275.30, or 275.40 relating to unauthorized recordings;
52 and sections 470.05, 470.10, 470.15 and 470.20 relating to money laun-
53 dering; or
54 § 26. Subdivision 3 of section 485.05 of the penal law, as amended by
55 section 2 of part C of chapter 55 of the laws of 2024, is amended to
56 read as follows:
S. 8446 12
1 3. A "specified offense" is an offense defined by any of the following
2 provisions of this chapter: section 120.00 (assault in the third
3 degree); section 120.05 (assault in the second degree); section 120.06
4 (gang assault in the second degree); section 120.07 (gang assault in the
5 first degree); section 120.10 (assault in the first degree); section
6 120.12 (aggravated assault upon a person less than eleven years old);
7 section 120.13 (menacing in the first degree); section 120.14 (menacing
8 in the second degree); section 120.15 (menacing in the third degree);
9 section 120.20 (reckless endangerment in the second degree); section
10 120.25 (reckless endangerment in the first degree); section 121.11
11 (criminal obstruction of breathing or blood circulation); section 121.12
12 (strangulation in the second degree); section 121.13 (strangulation in
13 the first degree); subdivision one of section 125.15 (manslaughter in
14 the second degree); subdivision one, two or four of section 125.20
15 (manslaughter in the first degree); section 125.25 (murder in the second
16 degree); section 125.26 (aggravated murder); section 125.27 (murder in
17 the first degree); section 120.45 (stalking in the fourth degree);
18 section 120.50 (stalking in the third degree); section 120.55 (stalking
19 in the second degree); section 120.60 (stalking in the first degree);
20 section 130.20 (sexual misconduct); section 130.25 (rape in the third
21 degree); section 130.30 (rape in the second degree); section 130.35
22 (rape in the first degree); former section 130.40; former section
23 130.45; former section 130.50; section 130.52 (forcible touching);
24 section 130.53 (persistent sexual abuse); section 130.55 (sexual abuse
25 in the third degree); section 130.60 (sexual abuse in the second
26 degree); section 130.65 (sexual abuse in the first degree); section
27 130.65-a (aggravated sexual abuse in the fourth degree); section 130.66
28 (aggravated sexual abuse in the third degree); section 130.67 (aggra-
29 vated sexual abuse in the second degree); section 130.70 (aggravated
30 sexual abuse in the first degree); section 135.05 (unlawful imprisonment
31 in the second degree); section 135.10 (unlawful imprisonment in the
32 first degree); section 135.20 (kidnapping in the second degree); section
33 135.25 (kidnapping in the first degree); section 135.60 (coercion in the
34 third degree); section 135.61 (coercion in the second degree); section
35 135.65 (coercion in the first degree); section 140.10 (criminal trespass
36 in the third degree); section 140.15 (criminal trespass in the second
37 degree); section 140.17 (criminal trespass in the first degree); section
38 140.20 (burglary in the third degree); section 140.25 (burglary in the
39 second degree); section 140.30 (burglary in the first degree); section
40 145.00 (criminal mischief in the fourth degree); section 145.05 (crimi-
41 nal mischief in the third degree); section 145.10 (criminal mischief in
42 the second degree); section 145.12 (criminal mischief in the first
43 degree); section 150.05 (arson in the fourth degree); section 150.10
44 (arson in the third degree); section 150.15 (arson in the second
45 degree); section 150.20 (arson in the first degree); section 155.25
46 (petit larceny); section 155.30 (grand larceny in the fourth degree);
47 section 155.35 (grand larceny in the third degree); section 155.40
48 (grand larceny in the second degree); section 155.42 (grand larceny in
49 the first degree); section 160.05 (robbery in the third degree); section
50 160.10 (robbery in the second degree); section 160.15 (robbery in the
51 first degree); section 230.34 (sex trafficking); section 230.34-a (sex
52 trafficking of a child); section 230.34-b (sex trafficking in a school
53 zone); section 240.25 (harassment in the first degree); subdivision one,
54 two or four of section 240.30 (aggravated harassment in the second
55 degree); section 240.50 (falsely reporting an incident in the third
56 degree); section 240.55 (falsely reporting an incident in the second
S. 8446 13
1 degree); section 240.60 (falsely reporting an incident in the first
2 degree); subdivision one of section 265.03 (criminal possession of a
3 weapon in the second degree); subdivision one of section 265.04 (crimi-
4 nal possession of a weapon in the first degree); section 490.10 (solic-
5 iting or providing support for an act of terrorism in the second
6 degree); section 490.15 (soliciting or providing support for an act of
7 terrorism in the first degree); section 490.20 (making a terroristic
8 threat); section 490.25 (crime of terrorism); section 490.30 (hindering
9 prosecution of terrorism in the second degree); section 490.35 (hinder-
10 ing prosecution of terrorism in the first degree); section 490.37 (crim-
11 inal possession of a chemical weapon or biological weapon in the third
12 degree); section 490.40 (criminal possession of a chemical weapon or
13 biological weapon in the second degree); section 490.45 (criminal
14 possession of a chemical weapon or biological weapon in the first
15 degree); section 490.47 (criminal use of a chemical weapon or biological
16 weapon in the third degree); section 490.50 (criminal use of a chemical
17 weapon or biological weapon in the second degree); section 490.55 (crim-
18 inal use of a chemical weapon or biological weapon in the first degree);
19 or any attempt or conspiracy to commit any of the foregoing offenses.
20 § 27. Paragraph (a) of subdivision 1 of section 447-a of the social
21 services law, as amended by chapter 189 of the laws of 2018, is amended
22 to read as follows:
23 (a) is the victim of the crime of sex trafficking as defined in
24 section 230.34 of the penal law [or], the crime of sex trafficking of a
25 child as defined in section 230.34-a of the penal law or the crime of
26 sex trafficking in a school zone as defined in section 230.34-b of penal
27 law;
28 § 28. Subdivision (a) of section 483-aa of the social services law,
29 as added by chapter 74 of the laws of 2007, is amended to read as
30 follows:
31 (a) "Human trafficking victim" means a person who is a victim of sex
32 trafficking as defined in section 230.34 of the penal law, the crime of
33 sex trafficking of a child as defined in section 230.34-a of the
34 penal law or the crime of sex trafficking in a school zone as defined in
35 section 230.34-b of the penal law, or a victim of labor trafficking as
36 defined in section 135.35, 135.36, 135.37 or 135.38 of the penal law.
37 § 29. Paragraph (i) of subdivision (c) of section 483-bb of the
38 social services law, as amended by chapter 311 of the laws of 2021, is
39 amended to read as follows:
40 (i) An individual who is a victim of the conduct prohibited by section
41 230.33, 230.34, 230.34-a, 135.35 or 135.37 of the penal law may bring a
42 civil action against the perpetrator or whoever knowingly advances or
43 profits from, or whoever should have known [he or she was] they were
44 advancing or profiting from, an act in violation of section 230.33,
45 230.34, 230.34-a, 230.34-b, 135.35 [or], 135.37 or 135.38 of the penal
46 law to recover actual, compensatory and punitive damages, injunctive
47 relief, any combination of those or any other appropriate relief, as
48 well as reasonable attorney's fees.
49 § 30. Paragraph (a) of subdivision 4 of section 509-cc of the vehicle
50 and traffic law, as amended by chapter 23 of the laws of 2024, is
51 amended to read as follows:
52 (a) The offenses referred to in subparagraph (ii) of paragraph (a) of
53 subdivision one and paragraph (a) of subdivision two of this section
54 that result in permanent disqualification shall include a conviction
55 under sections 125.12, 125.13, 125.14, 125.15, 125.20, 125.21, 125.22,
56 125.25, 125.26, 125.27, 130.30, 130.35, former sections 130.45 and
S. 8446 14
1 130.50, sections 130.65, 130.66, 130.67, 130.70, 130.75, 130.80, 130.90,
2 130.95, 130.96, 135.25, 135.38, 150.20, 230.30, 230.32, 230.34,
3 230.34-a, 230.34-b, 235.22, 263.05, 263.10, 263.11, 263.15, 263.16 of
4 the penal law or an attempt to commit any of the aforesaid offenses
5 under section 110.00 of the penal law, or any offenses committed under a
6 former section of the penal law which would constitute violations of the
7 aforesaid sections of the penal law, or any offenses committed outside
8 this state which would constitute violations of the aforesaid sections
9 of the penal law.
10 § 31. Subdivisions 1 and 2 of section 510-d of the vehicle and traffic
11 law, as amended by chapter 189 of the laws of 2018, are amended to read
12 as follows:
13 1. A class E driver's license shall be suspended by the commissioner
14 for a period of one year where the holder is convicted of a violation of
15 section 230.20, 230.25, 230.30, 230.32, 230.34, 230.34-a, 230.34-b or
16 230.40 of the penal law and the holder used a for hire motor vehicle to
17 commit such crime.
18 2. A class E driver's license may be revoked by the commissioner when
19 the holder, who had [his or her] their driver's license suspended under
20 subdivision one of this section within the last ten years, is convicted
21 of a second violation of section 230.20, 230.25, 230.30, 230.32, 230.34,
22 230.34-a, 230.34-b or 230.40 of the penal law and the holder used a for
23 hire motor vehicle to commit such crime.
24 § 32. Subdivision a of section 3-118 of the administrative code of the
25 city of New York, as amended by chapter 189 of the laws of 2018, the
26 third undesignated paragraph as amended by chapter 23 of the laws of
27 2021, is amended to read as follows:
28 a. For the purposes of this section, the following terms have the
29 following meanings:
30 Homeless youth. The term "homeless youth" means persons under the age
31 of 21 who are in need of services and are without a place of shelter
32 where supervision and care are available.
33 Runaway youth. The term "runaway youth" means persons under the age of
34 18 years who are absent from their legal residence without the consent
35 of their parent, legal guardian or custodian.
36 Sexually exploited youth. The term "sexually exploited youth" means
37 persons under the age of 18 who have been subject to sexual exploitation
38 because they (a) are the victim of the crime of sex trafficking as
39 defined in section 230.34 of the penal law; (b) engage in any act as
40 defined in section 230.00 of the penal law; (c) are a victim of the
41 crime of compelling prostitution as defined in section 230.33 of the
42 penal law; (d) are a victim of the crime of sex trafficking of a child
43 as defined in section 230.34-a of the penal law; [or] (e) are a victim
44 of the crime of sex trafficking in school zones as defined in section
45 230.34-b of the penal law; or (f) engage in acts or conduct described in
46 article two hundred sixty-three of the penal law. The term shall also
47 mean persons under the age of 18 who have been subject to incest in the
48 third degree, second degree or first degree, as defined in sections
49 255.25, 255.26, and 255.27 of the penal law, respectively, or any of the
50 sex offenses enumerated in article one hundred thirty of the penal law.
51 § 33. Subparagraph i of paragraph 7 of subdivision a of section 9-131
52 of the administrative code of the city of New York, as amended by chap-
53 ter 189 of the laws of 2018, is amended to read as follows:
54 i. a felony defined in any of the following sections of the penal law:
55 120.01, 120.02, 120.03, 120.04, 120.04-a(4), 120.05, 120.06, 120.07,
56 120.08, 120.09, 120.10, 120.11, 120.12, 120.13, 120.18, 120.25, 120.55,
S. 8446 15
1 120.60, 120.70, 121.12, 121.13, 125.10, 125.11, 125.12, 125.13, 125.14,
2 125.15, 125.20, 125.21, 125.22, 125.25, 125.26, 125.27, former section
3 125.40, former section 125.45, 130.25, 130.30, 130.35, former section
4 130.40, former section 130.45, former section 130.50, 130.53, 130.65,
5 130.65-a, 130.66, 130.67, 130.70, 130.75, 130.80, 130.85, 130.90,
6 130.95, 130.96, 135.10, 135.20, 135.25, 135.35, 135.38, 135.50,
7 135.65(2)(b), 140.17, 140.25, 140.30, 145.12, 150.05, 150.10, 150.15,
8 150.20, 160.05, 160.10, 160.15, 195.07, 195.08, 195.17, 215.11, 215.12,
9 215.13, 215.15, 215.16, 215.17, 215.51, 215.52, 220.18, 220.21, 220.28,
10 220.41, 220.43, 220.44, 220.48, 220.77, 230.05, 230.06, 230.19,
11 230.25(2), 230.30, 230.32, 230.33, 230.34, 230.34-a, 230.34-b, 235.22,
12 240.06, 240.55, 240.60, 240.61, 240.62, 240.63, 240.75, 241.05, 255.26,
13 255.27, 260.25, 260.32, 260.34, 263.05, 263.10, 263.11, 263.15, 263.16,
14 263.30, 265.01-a, 265.01-b, 265.02(2) through (8), 265.03, 265.04,
15 265.08, 265.09, 265.10, 265.11, 265.12, 265.13, 265.14, 265.16, 265.17,
16 265.19, 265.35(2), 270.30, 270.35, 405.16(1), 405.18, 460.22, 470.21,
17 470.22, 470.23, 470.24, 490.10, 490.15, 490.20, 490.25, 490.30, 490.35,
18 490.37, 490.40, 490.45, 490.47, 490.50, or 490.55;
19 § 34. Subparagraph i of paragraph 6 of subdivision a of section 14-154
20 of the administrative code of the city of New York, as amended by chap-
21 ter 189 of the laws of 2018, is amended to read as follows:
22 i. a felony defined in any of the following sections of the penal law:
23 120.01, 120.02, 120.03, 120.04, 120.04-a(4), 120.05, 120.06, 120.07,
24 120.08, 120.09, 120.10, 120.11, 120.12, 120.13, 120.18, 120.25, 120.55,
25 120.60, 120.70, 121.12, 121.13, 125.10, 125.11, 125.12, 125.13, 125.14,
26 125.15, 125.20, 125.21, 125.22, 125.25, 125.26, 125.27, former section
27 125.40, former section 125.45, 130.25, 130.30, 130.35, former section
28 130.40, former section 130.45, former section 130.50, 130.53, 130.65,
29 130.65-a, 130.66, 130.67, 130.70, 130.75, 130.80, 130.85, 130.90,
30 130.95, 130.96, 135.10, 135.20, 135.25, 135.35, 135.38, 135.50,
31 135.65(2)(b), 140.17, 140.25, 140.30, 145.12, 150.05, 150.10, 150.15,
32 150.20, 160.05, 160.10, 160.15, 195.07, 195.08, 195.17, 215.11, 215.12,
33 215.13, 215.15, 215.16, 215.17, 215.51, 215.52, 220.18, 220.21, 220.28,
34 220.41, 220.43, 220.44, 220.48, 220.77, 230.05, 230.06, 230.19,
35 230.25(2), 230.30, 230.32, 230.33, 230.34, 230.34-a, 230.34-b, 235.22,
36 240.06, 240.55, 240.60, 240.61, 240.62, 240.63, 240.75, 241.05, 255.26,
37 255.27, 260.25, 260.32, 260.34, 263.05, 263.10, 263.11, 263.15, 263.16,
38 263.30, 265.01-a, 265.01-b, 265.02 (2) through (8), 265.03, 265.04,
39 265.08, 265.09, 265.10, 265.11, 265.12, 265.13, 265.14, 265.16, 265.17,
40 265.19, 265.35(2), 270.30, 270.35, 405.16(l), 405.18, 460.22, 470.21,
41 470.22, 470.23, 470.24, 490.10, 490.15, 490.20, 490.25, 490.30, 490.35,
42 490.37, 490.40, 490.45, 490.47, 490.50, or 490.55;
43 § 35. The definition of "human trafficking" in subdivision a of
44 section 14-192 of the administrative code of the city of New York, as
45 added by local law number 49 of the city of New York for the year 2022,
46 is amended to read as follows:
47 Human trafficking. The term "human trafficking" shall mean an act or
48 threat of an act that may constitute sex trafficking, as defined in
49 [section] sections 230.34, 230.34-a and 230.34-b of the penal law, or
50 labor trafficking, as defined in [section] sections 135.35 [and], 135.36
51 and 135.38 of the penal law.
52 § 36. The definition of "human trafficking" of section 20-565 of the
53 administrative code of the city of New York, as added by local law
54 number 104 of the city of New York for the year 2024, is amended to read
55 as follows:
S. 8446 16
1 Human trafficking. The term "human trafficking" shall mean an act or
2 threat of an act that may constitute sex trafficking, as defined in
3 section 230.34 of the penal law, child sex trafficking, as defined in
4 section 230.34-a of the penal law, sex trafficking in school zones, as
5 defined in section 230.34-b of the penal law, accomplice to sex traf-
6 ficking, as defined in section 230.36 of the penal law, or labor traf-
7 ficking, as defined in sections 135.35, 135.36, [and] 135.37 and 135.38
8 of the penal law.
9 § 37. The definition of "human trafficking" of section 20-912 of the
10 administrative code of the city of New York, as amended by local law
11 number 97 of the city of New York for the year 2020, is amended to read
12 as follows:
13 "Human trafficking" shall mean an act or threat of an act that may
14 constitute sex trafficking, as defined in [section] sections 230.34,
15 230.34-a and 230.34-b of the penal law, or labor trafficking, as defined
16 in [section] sections 135.35 [and], 135.36 and 135.38 of the penal law.
17 § 38. This act shall take effect January 1, 2026 and shall apply to
18 offenses committed on and after such effective date.
19 PART B
20 Section 1. The education law is amended by adding a new section 409-o
21 to read as follows:
22 § 409-o. Posting of warning signs of increased trafficking penalties.
23 1. Every public school, including charter schools, and every private
24 school shall post warning signs of the penalties for trafficking of
25 persons under sections 135.38, 230.34-a and 230.34-b of the penal law at
26 a conspicuous place reasonably likely to be viewed by all persons enter-
27 ing the school premises and may post such signs at the following
28 locations:
29 (a) parallel to and along the exterior boundaries of the school's
30 premises;
31 (b) at each roadway or other way of access to the school's premises;
32 (c) for school premises not fenced, at least every five hundred feet
33 along the exterior boundaries of the premises;
34 (d) at each entrance to the school premises; and
35 (e) at conspicuous places reasonably likely to be viewed by all
36 persons entering the school premises.
37 2. The department, in consultation with the interagency task force on
38 human trafficking established under section four hundred eighty-three-ee
39 of the social services law, shall adopt rules regarding the placement,
40 installation, design, size, wording, and maintenance procedures for the
41 warning signs required under this section. The rules must require that
42 each warning sign:
43 (a) include a description of the penalties for the violation of
44 sections 135.38, 230.34-a and 230.34-b of the penal law, including the
45 penalties for violating such sections;
46 (b) be at least 8-1/2 by 11 inches in size; and
47 (c) be written in English and Spanish; provided that the commissioner
48 may allow one sign or poster in English and one sign or poster in Span-
49 ish and/or may require the display of signs in other languages as deter-
50 mined by the commissioner.
51 3. The department shall provide each school without charge the number
52 of warning signs required to comply with this section and rules adopted
53 under this section. If the department is unable to provide each school
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1 with the number of signs necessary to comply with subdivision two of
2 this section, the department may:
3 (a) provide to a school fewer signs than the number necessary to
4 comply with that section; and
5 (b) prioritize distribution of signs to schools based on reports of
6 criminal activity in the areas near that school.
7 4. The commissioner shall adopt rules and regulations relating to the
8 posting required by this section.
9 § 2. Section 806-a of the education law, as amended by chapter 644 of
10 the laws of 2002, is amended to read as follows:
11 § 806-a. Driver education. 1. Notwithstanding any other provision of
12 law, all school districts providing instruction in driver education
13 shall include in such instruction: (a) a driver safety component with an
14 emphasis on the effects of alcohol and drug use, (b) instruction in
15 motorcycle safety awareness, and (c) information relating to human traf-
16 ficking prevention. The commissioner, upon approval by the commissioner
17 of motor vehicles, shall establish a curriculum for the alcohol and drug
18 education component which shall include but not be limited to: instruc-
19 tion describing the hazards of driving while impaired or intoxicated;
20 the penalties for alcohol related motor vehicle violations including
21 sanctions set forth in the penal law that apply to homicides and
22 assaults arising out of the operation of a motor vehicle while intoxi-
23 cated and those sanctions set forth in the vehicle and traffic law
24 relating to driving while intoxicated; and the medical, biological and
25 physiological effects of the consumption of alcohol and their impact on
26 the operation of a motor vehicle.
27 2. (a) The commissioner, upon approval of the commissioner of motor
28 vehicles, shall establish by regulation a certification process by driv-
29 er education courses of the amount of time a holder of a class DJ or
30 class MJ learner's permit has spent operating a motor vehicle while
31 under the immediate supervision of a driver education teacher. A certif-
32 icate issued pursuant to this subdivision shall be deemed to be proof of
33 all or a portion of the supervised driving experience required under
34 certification pursuant to paragraph (d) of subdivision two of section
35 five hundred two of the vehicle and traffic law.
36 (b) The commissioner, in consultation with the interagency task force
37 on human trafficking established under section four hundred eighty-
38 three-ee of the social services law, shall promulgate rules and regu-
39 lations implementing this section no later than six months after the
40 effective date of this paragraph. The curriculum shall be included in
41 each driver education course or driving safety course held on or after
42 September first, two thousand twenty-six.
43 § 3. Section 465 of the public health law is amended by adding a new
44 subdivision 6 to read as follows:
45 6. Establish rules and regulations for the posting of required signage
46 and notices in or on the premises where a body piercing specialist or
47 tattooist conducts practice.
48 § 4. The public health law is amended by adding a new section 468 to
49 read as follows:
50 § 468. Posting of signs relating to human trafficking. 1. The commis-
51 sioner shall require any person or business entity operating a tattoo
52 studio or body piercing studio to display one or more copies of the
53 national human trafficking resource center hotline poster described in
54 section four hundred eighty-three-ff of the social services law in or on
55 the premises where a body piercing specialist or tattooist conducts
56 practice.
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1 2. At a minimum, a person or business entity subject to the posting
2 requirement of this section shall be required to display a bilingual
3 version of the sign or poster in English and Spanish or to display one
4 poster in English and one poster in Spanish. A person or business entity
5 may be required to display signs or posters in other languages as deter-
6 mined by the commissioner.
7 3. Any person or business entity subject to the posting requirement of
8 this section shall display, in an upright position and in a conspicuous
9 place where it can be easily read by clientele and employees of the
10 establishment, any sign or poster required by the authority.
11 4. If the national human trafficking hotline toll-free number changes,
12 the commissioner shall notify each person or business entity subject to
13 the posting requirement of this section of the change and shall require
14 the display of one or more signs or posters with the new toll-free
15 number within thirty days of such notification.
16 5. Any person or business entity subject to the posting requirement of
17 this section who violates the provisions of this section shall be
18 subject to a civil penalty, not to exceed one hundred dollars for each
19 day of violation.
20 § 5. The environmental conservation law is amended by adding a new
21 section 9-0905 to read as follows:
22 § 9-0905. Posting of signs relating to human trafficking.
23 1. The commissioner shall require the department to display one or
24 more copies of the national human trafficking resource center hotline
25 poster described in section four hundred eighty-three-ff of the social
26 services law in or on the premises of parks subject to the jurisdiction
27 of the department.
28 2. At a minimum, the posting requirement of this section shall require
29 the display of at least one bilingual version of the sign or poster in
30 English and Spanish or the display of one poster in English and one
31 poster in Spanish at each entrance into the park. The display of addi-
32 tional posters or posters in other languages may be required by the
33 commissioner.
34 3. Each poster shall be displayed, in an upright position and in a
35 conspicuous place where it can be easily read by persons entering the
36 park.
37 4. If the national human trafficking hotline toll-free number changes,
38 the commissioner shall notify the department of the change and shall
39 require the display of one or more signs or posters with the new toll-
40 free number within thirty days of such notification.
41 § 6. Section 408-b of the general business law, as amended by chapter
42 71 of the laws of 2020, is amended to read as follows:
43 § 408-b. Domestic violence [and], sexual assault and human trafficking
44 awareness education. The department shall ensure that domestic violence
45 [and], sexual assault and human trafficking awareness education courses
46 are made available to all licensees and applicants for a license or
47 renewal pursuant to this article and that such courses are offered
48 through the department's website. The department, in consultation with
49 the office for the prevention of domestic violence and advocacy groups
50 recognized by the federal department of health and human services or the
51 federal department of justice, which have the ability to coordinate
52 statewide and with local communities on programming and educational
53 materials related to the prevention and intervention of domestic
54 violence [or], sexual assault or human trafficking in New York state,
55 shall develop and provide access to domestic violence [and] sexual
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1 assault, and human trafficking awareness education courses appropriate
2 for those licensed under this article.
3 § 7. The department of education is required to implement the
4 provisions of section one of this act only if the legislature appropri-
5 ates money specifically for that purpose. If the legislature does not
6 appropriate money specifically for that purpose, the department of
7 education may, but is not required to, implement such provisions using
8 other appropriations available for that purpose.
9 § 8. This act shall take effect January 1, 2026 and shall apply to
10 violations committed on and after such effective date. Effective imme-
11 diately, the addition, amendment and/or repeal of any rule or regulation
12 necessary for the implementation of this act on its effective date are
13 authorized to be made and completed on or before such effective date.
14 § 3. Severability. If any clause, sentence, paragraph, subdivision,
15 section or part of this act shall be adjudged by any court of competent
16 jurisdiction to be invalid, such judgment shall not affect, impair, or
17 invalidate the remainder thereof, but shall be confined in its operation
18 to the clause, sentence, paragraph, subdivision, section or part thereof
19 directly involved in the controversy in which such judgment shall have
20 been rendered. It is hereby declared to be the intent of the legislature
21 that this act would have been enacted even if such invalid provisions
22 had not been included herein.
23 § 4. This act shall take effect immediately provided, however, that
24 the applicable effective date of Parts A through B of this act shall be
25 as specifically set forth in the last section of such Parts.
