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S09960 Summary:

BILL NOS09960
 
SAME ASNo Same As
 
SPONSORMYRIE
 
COSPNSR
 
MLTSPNSR
 
Add §§230.34-b & 230.34-c, Pen L; amd §§483-aa & 483-bb, Soc Serv L; add §214-k, amd R3403, CPLR; add §219-f, Judy L
 
Establishes the crimes of benefiting from a sex trafficking venture and aggravated benefiting from a sex trafficking venture; establishes civil action for victims of benefiting from a sex trafficking venture; revives such actions otherwise barred by the existing statute of limitations, grants trial preference to such actions, and directs the chief administrator of the courts to promulgate rules for the timely adjudication of certain revived actions.
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S09960 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9960
 
                    IN SENATE
 
                                     April 17, 2026
                                       ___________
 
        Introduced  by  Sen.  MYRIE  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Codes
 
        AN ACT to amend the penal law, in relation to establishing the crimes of
          benefiting from a sex trafficking venture  and  aggravated  benefiting
          from  a  sex trafficking venture; to amend the social services law, in
          relation to establishing a right of action for victims  of  benefiting
          from  a  sex  trafficking venture; and to amend the civil practice law
          and rules and the judiciary law, in relation to reviving such  actions
          otherwise  barred  by  the  existing  statute of limitations, granting
          trial preference to such actions, and directing the chief  administra-
          tor  of  the courts to promulgate rules for the timely adjudication of
          certain revived actions
 
          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 "traffick-
     2  ing survivor recovery and accountability act".
     3    § 2. The penal law is amended by adding two new sections 230.34-b  and
     4  230.34-c to read as follows:
     5  § 230.34-b Benefiting from a sex trafficking venture.
     6    1.  A person is guilty of benefiting from a sex trafficking venture by
     7  obtaining anything of value due to such  person  participating  in  what
     8  such  person  knew or reasonably should have known was a sex trafficking
     9  venture.
    10    2. For the purposes of this section:
    11    (a) "sex trafficking venture" means any one person,  individually,  or
    12  two  or  more persons associated in fact, whether or not a legal entity,
    13  engaged in conduct which is a violation of section 230.34 of this  arti-
    14  cle  other  than  paragraphs  (a)  and  (c)  of subdivision five of such
    15  section.
    16    (b) "participating in" means to  intentionally  aid,  assist,  manage,
    17  supervise, control, finance, advertise, maintain premises for, transport
    18  for,  provide security for, conceal, or otherwise materially support the
    19  carrying on of a sex trafficking venture.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15580-02-6

        S. 9960                             2
 
     1    (c) "anything of value" includes but is not limited to  money,  finan-
     2  cial  benefit, property, services, debt forgiveness, promises of compen-
     3  sation, business opportunities, or  any  other  tangible  or  intangible
     4  benefit.
     5    Benefiting from a sex trafficking venture is a class C felony.
     6  § 230.34-c Aggravated benefiting from a sex trafficking venture.
     7    1.  A person is guilty of aggravated benefiting from a sex trafficking
     8  venture by obtaining anything of value due to such person  participating
     9  in what such person knew or reasonably should have known was a sex traf-
    10  ficking venture.
    11    2. For the purposes of this section:
    12    (a)  "sex  trafficking venture" means any one person, individually, or
    13  two or more persons associated in fact, whether or not a  legal  entity,
    14  engaged  in  conduct  which  is  a  violation of paragraph (a) or (c) of
    15  subdivision five of section 230.34 or 230.34-a of this article.
    16    (b) "participating in" means to  intentionally  aid,  assist,  manage,
    17  supervise, control, finance, advertise, maintain premises for, transport
    18  for,  provide security for, conceal, or otherwise materially support the
    19  carrying on of a sex trafficking venture.
    20    (c) "anything of value" includes but is not limited to  money,  finan-
    21  cial  benefit, property, services, debt forgiveness, promises of compen-
    22  sation, business opportunities, or  any  other  tangible  or  intangible
    23  benefit.
    24    Aggravated  benefiting  from  a  sex  trafficking venture is a class B
    25  felony.
    26    § 3. Subdivision (a) of section 483-aa of the social services law,  as
    27  added by chapter 74 of the laws of 2007, is amended to read as follows:
    28    (a)  "Human  trafficking victim" means a person who is a victim of sex
    29  trafficking as defined in section 230.34 of the penal law, a  victim  of
    30  benefiting from a sex trafficking venture as defined in section 230.34-b
    31  of the penal law, a victim of aggravated benefiting from a sex traffick-
    32  ing venture as defined in section 230.34-c of the penal law, or a victim
    33  of labor trafficking as defined in section 135.35 of the penal law.
    34    §  4. Paragraph (i) of subdivision (c) of section 483-bb of the social
    35  services law, as amended by chapter 311 of the laws of 2021, is  amended
    36  and two new paragraphs (viii) and (ix) are added to read as follows:
    37    (i)  (A)  An  individual  who is a victim of the conduct prohibited by
    38  section 230.33, 230.34, 230.34-a, 230.34-b, 230.34-c, 135.35  or  135.37
    39  of  the  penal  law  may bring a civil action against the perpetrator or
    40  [whoever] any person or entity, including but not  limited  to  individ-
    41  uals,  corporations,  partnerships,  trusts,  or  estates, who knowingly
    42  advances, enables, funds, or profits from, or whoever should have  known
    43  [he  or  she] such person or entity was advancing, enabling, funding, or
    44  profiting from, an act in violation of section 230.33, 230.34, 230.34-a,
    45  135.35 or 135.37 of the penal law or the perpetrator or  any  person  or
    46  entity, including but not limited to individuals, corporations, partner-
    47  ships,  trusts,  or  estates,  who knowingly participates in, or whoever
    48  should have known such person or entity was participating in, an act  in
    49  violation  of  section  230.34-b or 230.34-c of the penal law to recover
    50  actual, compensatory and punitive damages, injunctive relief, any combi-
    51  nation of those or any other appropriate relief, as well  as  reasonable
    52  attorney's fees. Such civil action may proceed regardless of whether the
    53  defendant  was  charged  or convicted of a criminal offense and shall be
    54  determined under a preponderance  of  the  evidence  standard  based  on
    55  conduct  prohibited  by  the  enumerated  sections  or described in this
    56  subdivision.

        S. 9960                             3
 
     1    (B) For the purposes of this paragraph,  the  term  "participates  in"
     2  shall  mean  ownership,  operation,  management, supervision, financing,
     3  leasing, maintaining premises, transportation, advertising,  recordkeep-
     4  ing, security, recruitment, concealment, or otherwise materially assist-
     5  ing where such conduct substantially aids the sex trafficking venture.
     6    (viii)  In  any action brought pursuant to this subdivision, the court
     7  may award additional punitive damages upon a showing  that  the  defend-
     8  ant's  conduct was willful, wanton, reckless, malicious, or in conscious
     9  disregard of the rights and safety of the plaintiff.
    10    (ix) Notwithstanding any other provision of law to the contrary:
    11    (A) in no action brought pursuant to this subdivision shall the  death
    12  of  the  human  trafficking victim bringing the action or the death of a
    13  person or dissolution of an entity, including but not limited to  corpo-
    14  rations,  partnerships,  trusts, or estates, against whom the action was
    15  brought be a defense against such action.
    16    (B) an action may be brought  pursuant  to  this  subdivision  by  the
    17  personal  representative, estate, successors, assignees, or distributees
    18  of a human trafficking victim.
    19    (C) in any action brought pursuant to  this  subdivision  against  the
    20  personal  representative, estate, successors, assignees, or distributees
    21  of a deceased person liable therefor, the court may award  any  damages,
    22  including  but  not  limited  to  punitive damages, permitted under this
    23  subdivision.
    24    § 5. The civil practice law and rules  is  amended  by  adding  a  new
    25  section 214-k to read as follows:
    26    §  214-k. Action by certain victims of sex trafficking.  Notwithstand-
    27  ing any provision of law which imposes a period  of  limitation  to  the
    28  contrary and the provisions of any other law pertaining to the filing of
    29  a  notice  of claim or a notice of intention to file a claim as a condi-
    30  tion precedent to commencement of an action or special proceeding, every
    31  civil claim or cause of action brought against any party alleging inten-
    32  tional or negligent acts or omissions by a person for physical,  psycho-
    33  logical,  or  other  injury or condition suffered as a result of conduct
    34  which would constitute benefiting from  a  sex  trafficking  venture  or
    35  aggravated benefiting from a sex trafficking venture as defined in arti-
    36  cle  two  hundred  thirty  of  the  penal law, which is barred as of the
    37  effective date of this section because the applicable period of  limita-
    38  tion  has  expired,  and/or  the  plaintiff  previously failed to file a
    39  notice of claim or a notice of intention to  file  a  claim,  is  hereby
    40  revived,  and action thereon may be commenced not earlier than one month
    41  after, and not later than one year after  the  effective  date  of  this
    42  section.  In  any  such claim or action, dismissal of a previous action,
    43  ordered before the effective date of this section, on grounds that  such
    44  previous action was time barred, and/or for failure of a party to file a
    45  notice  of  claim or a notice of intention to file a claim, shall not be
    46  grounds for dismissal of a revival action pursuant to this section.
    47    § 6. Paragraph 7 of subdivision (a) of rule 3403 of the civil practice
    48  law and rules, as amended by chapter 203 of the laws of 2022, is amended
    49  to read as follows:
    50    7. any action which has been revived pursuant to section  two  hundred
    51  fourteen-g  [or],  two  hundred  fourteen-j or two hundred fourteen-k of
    52  this chapter.
    53    § 7. The judiciary law is amended by adding a  new  section  219-f  to
    54  read as follows:
    55    §  219-f.  Rules reviving certain actions; benefiting from a sex traf-
    56  ficking venture. The chief administrator of the courts shall  promulgate

        S. 9960                             4
 
     1  rules for the timely adjudication of revived actions brought pursuant to
     2  section two hundred fourteen-k of the civil practice law and rules.
     3    § 8. Severability clause. If any clause, sentence, paragraph, subdivi-
     4  sion,  section  or  part  of  this act shall be adjudged by any court of
     5  competent jurisdiction to be invalid, such judgment  shall  not  affect,
     6  impair,  or  invalidate  the remainder thereof, but shall be confined in
     7  its operation to the clause, sentence, paragraph,  subdivision,  section
     8  or part thereof directly involved in the controversy in which such judg-
     9  ment shall have been rendered. It is hereby declared to be the intent of
    10  the  legislature  that  this  act  would  have been enacted even if such
    11  invalid provisions had not been included herein.
    12    § 9. This act shall take effect immediately.
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