NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2240D
SPONSOR: Paulin (MS) TITLE OF BILL: An act to amend the penal law, the criminal procedure
law, the social services law, the civil practice law and rules, the
mental hygiene law, the correction law, the vehicle and traffic law, the
public health law, the real property actions and proceedings law, and
the real property law, in relation to enacting the "trafficking victims
protection and justice act"; to amend the penal law, in relation to
prostitution in a school zone; to amend chapter 74 of the laws of 2007
amending the penal law, the criminal procedure law, the correction law,
the social services law, and the executive law relating to human traf-
ficking, in relation to extending the interagency task force on human
trafficking for four years; and to amend the executive law, in relation
to human trafficking awareness
PURPOSE: This bill would improve the State's response to human traf-
ficking and increase the accountability of buyers and traffickers by,
among other things: (i) conforming the ages of victims in certain pros-
titution 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 certain cases of labor
trafficking a Class D violent felony, and creating the new offense of
aggravated labor trafficking; and (iii) creating 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. This bill would also
improve the school zone prostitution law by adding as a Class E felony
the offense of patronizing a person for prostitution in a school zone.
The legislation also provides a civil remedy to victims to recover
damages and reasonable attorney's fees from their perpetrators. Further,
the bill provides for increasing awareness among law enforcement regard-
ing identifying human trafficking,victims and referral of services to
victims by requiring the superintendent of police, in consultation with
the office of temporary and disability assistance (OTDA) and the divi-
sion of criminal justice services (DCJS), to develop and disseminate to
all members of the state police written policies and education materials
relating to human trafficking victims and to establish and implement
written procedures in the event state police encounters an individual
believed to be a human trafficking victim.
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 paragraphs (a) and (c) of subdivision 1 of section
70.02 of the Penal Law, paragraph (a) as amended by Chapter 320 of the
Laws of 2006, and paragraph (c) as amended by Chapter 1 of the Laws of
2013, to add sex trafficking as defined in paragraphs (a) and (b) of
subdivision five of section 230.34 of the Penal Law as a Class B violent
felony offense, and to add labor trafficking as defined in paragraphs
(a) and (b) of subdivision three of section 135.35 of the Penal Law as a
Class D violent felony offense.
Section 4 amends paragraph (a) of subdivision 1 of section 70.80 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 delete as a ground for the offense of labor
trafficking unlawfully providing a controlled substance to a person with
intent to impair such person's judgment.
Section 6 amends the Penal Law by adding a new section 135.37 to create
the offense of aggravated labor trafficking, a Class C felony. A person
is guilty of aggravated labor trafficking if he or she compels or
induces another to engage in labor or recruits, entices, harbors, or
transports such other person to engage in labor by means of inten-
tionally unlawfully providing a controlled substance to such person with
intent to impair such person's judgment.
Section 7 amends paragraph (a) of subdivision 1 of section 460.10 of the
Penal Law, as amended by Chapter 405 of the Laws of 2010, by adding to
the list of felonies that are defined as a "criminal act" aggravated
labor trafficking under section 135.37 of the Penal Law.
Section 8 amends paragraphs (b) and (h) of subdivision 8 of section
700.05 of the Criminal Procedure Law, paragraph (b) as amended by Chap-
ter 405 of the Laws of 2010, and paragraph (h) as amended by Chapter 154
of the Laws of 1990, by adding as a "designated offense" in the list of
felonies aggravated .labor trafficking under section 135.37 of the Penal
Law, and the offense of promoting prostitution in the third degree, as
defined in section 230.25 of the Penal Law.
Section 9 amends the Penal Law by adding a new section 230.01 to provide
for an affirmative defense in any prosecution under section 230.00,
section 230.03 or section 240.37(2) of the Penal Law that the defend-
ant's participation in the offense was a result of having been a victim
of compelling prostitution under section 230.33 of the Penal Law, 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 10 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 11 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 12 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 13 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 14 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 15 amends section 230.07 of the Penal Law, as amended by Chapter
74 of the Laws of 2007, to provide that the defense under said section
applies in a prosecution for patronizing a person for prostitution in a
school zone.
Section 16 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, being 21 years old or more, he or she patronizes a
person for prostitution and the person patronized is less than 18 years
old at a place that he or she knows, or reasonably should know, is in a
school zone. Patronizing a person for prostitution in a school zone is a
Class E felony.
Section 17 amends section 230.10 of the Penal Law to replace the term
"prostitute" with "person for prostitution."
Section 18 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 17
years old and the person guilty of patronizing engages in sexual inter-
course, oral sexual conduct, anal sexual conduct, or aggravated sexual
conduct, with the person patronized. Aggravated patronizing a minor for
prostitution in the third degree is a Class E 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, with the
person patronized. 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, with the person patronized. Aggravated patronizing
a minor for prostitution in the first degree is a Class B felony.
Section 19 amends subdivisions 1 and 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 20 amends subdivision 1 of section 230.19 of the Penal Law, as
added by Chapter 191 of the Laws of 2011, to make a technical language
change.
Section 21 amends the opening paragraph and subdivision 1 of section
230.25 of the Penal Law, the opening paragraph as amended by Chapter 627
of the Laws of 1978 and subdivision 1 as amended by Chapter 74 of the
Laws of 2007, to replace the term "prostitute" with "person for prosti-
tution" and makes the section gender neutral.
Section 22 amends section 230.30 of the Penal Law, as amended by Chapter
627 of the Laws of 1978, to provide that a person is guilty of promoting
prostitution in the second degree when he or she knowingly advances or
profits from prostitution of a person less than 18 years old, rather
than 16 years old under current law. This section also makes said
section 230.30 gender neutral.
Section 23 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, or being 21 years old or more, he or she
knowingly advances or profits from prostitution of a person less than 15
years old.
Section 24 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 18 years old or more (in lieu of 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 25 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
advanced 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 26 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 27 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 stop, 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 28 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 230.11, aggravated patronizing a minor for prostitution
in the third degree, 230.12, aggravated patronizing a minor for prosti-
tution in the second degree, and 230.13, aggravated patronizing a minor
for prostitution 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 29 amends paragraph (i) of subdivision 1 of section 440.10 of
the Criminal Procedure Law, as added by Chapter 332 of the Laws of 2010,
to add to the ground upon which the court may vacate judgment where the
judgment is a conviction where the arresting charge was under section
230.03 of the Penal Law (prostitution in a school zone), and the defend-
ant's participation in the offense was a result of having been a victim
of labor trafficking under section 135.35 of the Penal Law, aggravated
labor trafficking under section 135.37 of the Penal Law, or compelling
prostitution under section 230.33 of the Penal Law in addition to sex
trafficking under section 230.34 of the Penal Law or trafficking under
the federal Trafficking Victims Protection Act. The section further
makes reference to compelling prostitution in connection with the
requirements of the motion and the presumption that a defendant's
participation in the offense was a result of having been a victim of sex
trafficking, compelling prostitution or trafficking in persons.
Section 30 amends section 483-bb of the Social Services Law by adding a
new subdivision (c) to provide for the ability of a victim of conduct
prohibited by section 230.33, 230.34, 135.35 or 135.37 of the Penal Law
to bring a civil action to recover damages and reasonable attorney's
fees against the perpetrator or whoever knowingly advances or profits
from, or whoever should have known he or she was advancing or profiting
from, an act in violation of any of such sections.
Section 31 amends section 212 of the Civil Practice Law and Rules by
adding a new subdivision (e) to add to the actions to be commenced with-
in 10 years an action by a victim of sex trafficking, compelling prosti-
tution, labor trafficking or aggravated labor trafficking brought under
section 483-bb(c) of the Social Services Law, provided that such 10-year
period shall not begin to run and shall be tolled during any period in
which the Victim is or remains subject to such conduct.
Section 32 amends subdivision (a) of section 483-cc of the Social
Services Law, as added by Chapter 74 of the Laws of 2007, to provide
that as soon as practicable after a first encounter with a person who
reasonably appears to be a human trafficking victim to an established
provider of social or legal services designated by the Office of Tempo-
rary and Disability Assistance (OTDA), the Office for the Prevention of
Domestic Violence or the Office of Victim Services in addition to a law
enforcement agency or district attorney's office, the law enforcement
agency or district attorney's office shall notify OTDA and the Division
of Criminal Justice Services (DCJS) that such person may be eligible for
services under this article or, in the case of an established provider
of social or legal services, shall notify OTDA and DCJS if such victim
consents to seeking services pursuant to this article.
Section 33 amends Section 14 of Chapter 74 of the Laws of 2007, amending
the Penal Law, the Criminal Procedure Law, the Correction Law, the
Social Services Law, and the Executive Law relating to human traffick-
ing, as amended by Chapter 24 of the Laws of 2011, is amended to provide
that this act shall take effect on the first of November next succeeding
the date on which it shall have become a law; provided that section
483-ee of the Social Services Law, as added by section eleven of this
act, shall take effect immediately and shall remain in full force and
effect until September 1, 2018 when the provisions of such section shall
expire and be deemed repealed.
Section 34 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 section 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. The section also replaces
the term "prostitute" with "person for prostitution."
Section 35 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 aggravated patronizing a minor for
prostitution in the third degree under 230.11 of the Penal Law, aggra-
vated 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 36 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 replace
the term "prostitute" with "person for prostitution" and the term years
"of age" to "old."
Section 37 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 aggravated patronizing a minor for prostitution
in the third degree under 230.11 of the Penal Law, aggravated patroniz-
ing 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 pros-
titution in a school zone under section 230.19 of the Penal Law.
Section 38 amends the Vehicle and Traffic Law by adding a new section
510-d to provide for the suspension for one year a class E driver's
license where the holder is convicted of a violation of section 230.20,
230.25, 230.30 230.32, 230.34 or 230.40 of the Penal Law and the holder
used a for hire motor vehicle to commit such crime. This section further
provides for the revocation of a class E driver's license when the hold-
er, who had his or her driver's license suspended as provided in this
subdivision within the last 10 years, is convicted of a second violation
of section 230.20, 230.25, 230.30 230.32, 230.34 or 230.40 of the Penal
Law and the holder used a for hire motor vehicle to commit such crime.
Section 39 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 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 40 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 first degree under section 230.06 of the Penal Law, aggra-
vated 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 conduct
constituting use of the premises for purposes of prostitution.
Section 41 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 first degree under
section 230.06 of the Penal Law, aggravated patronizing a minor for
prostitution in the third degree under 230.11 of the Penal Law, aggra-
vated 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
owner's knowledge of the same.
Section 42 amends subdivision 3 of section 840 of the Executive Law by
adding a new paragraph (f-1) to require the Municipal Police Training
Council to develop, maintain and disseminate, in consultation with OTDA
and DCJS, written policies and procedures regarding human trafficking
victims. Such policies and procedures shall include identification of
potential victims of human trafficking and information and/or referral
to appropriate social and legal services for human trafficking victims
in accordance with section 483-bb of the Social Services Law.
Section 43 amends the Executive Law by adding a new section 214-d to
require the Superintendent of State Police, in consultation with OTDA
and DCJS, to develop, maintain and disseminate to all members of the
State Police, including new and veteran officers, written policies,
procedures and educational materials relating to human trafficking
victims, including services available for such victims as referenced in
section 483-bb of the Social Services Law, and to establish and imple-
ment written procedures and policies in the event a member of the State
Police encounters an individual believed to be a victim of human traf-
ficking, which shall include the provision of information and/or refer-
ral to an appropriate provider of social and legal services to human
trafficking victims in accordance with section 483-bb of the Social
Services Law.
Section 44 sets forth the severability clause.
Section 45 provides that notwithstanding the provisions of Article 5 of
the General Construction Law, the provisions of section 483-ee of the
Social Services Law, as added by Chapter 74 of the Laws of 2007, are
revived and shall continue in full force and effect as such provisions
existed on August 31, 2013.
Section 46 sets forth the effective date as the ninetieth day after it
shall have become law; provided however that sections 32 and 45 of this
act shall take effect immediately.
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 statuto-
ry 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 sections 60.13 and 70.80(1)(a)) also furthers the legisla-
tive 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 more. 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 more and patronizes a
person less than 13 years old. The crime of promoting prostitution in
the second degree (Penal Law § 230.30) is amended to include situations
where the age of the promoter is less than 18 years old instead of under
16. 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, and where the child promoted
is under 15 and the person promoting the child is 21 years old or more.
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 by a person 18 years old or more rather than 21 years old or
more. 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.
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)(i)).
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 preemp-
tive advocacy would further legislative intent expressed in the 2010
amendment, contribute to the protection of victims and the reduction of
trafficking, 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 certain types of sex
trafficking as a Class B violent felony and designates certain types of
labor trafficking a Class D violent felony (Penal Law § 70.02). The bill
also creates a new offense of aggravated labor trafficking, a Class C
felony, where a person compels or induces another to engage in labor or
recruits, entices, harbors, or transports such other person to engage in
labor by means of intentionally unlawfully providing a controlled
substance to such person with intent to impair such person's judgment
(Penal Law § 135.37).
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) 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 in 2012. Amending the Penal Law to include the use of a vehi-
cle for the purpose of advancing prostitution to constitute the offense
of permitting prostitution under Penal Law § 230.40 will better ensure
that livery and limousine drivers will be prosecuted for their crimes.
In addition, by providing for the suspension and revocation of class E
driver's licenses where the holder is convicted of a violation of
promoting prostitution, sex trafficking or permitting prostitution
offenses and the holder used a for hire vehicle to commit such offense
will enable us to more effectively limit the use of a vehicle in prosti-
tution.
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 as well as in cases of aggravated
labor trafficking under section 135.37 of the Penal Law. Currently, law
enforcement can obtain judicial warrants to intercept conversations in
their investigations of traffickers only when they can establish coer-
cion or that the victim is under 16. Without the ability to conduct
surveillance of persons overtly promoting prostitution and the instru-
ments used in furtherance of such promotion, law enforcement has long
been stymied in ferreting out these perpetrators. With this amendment,
we will facilitate the investigation of prostitution rings and, at the
same time, identify and target human traffickers.
Providing victims civil remedies. Recognizing that persons compelled to
engage in prostitution or labor are victims and to assist these victims
in rebuilding their lives, this bill provides victims of sex traffick-
ing, compelling prostitution and labor trafficking the ability to
recover damages and reasonable attorney's fees from their traffickers
and those who should have known they were advancing or profiting from
sex trafficking, compelling prostitution or labor trafficking. With the
knowledge that victims face an arduous path to finally escaping the
control of their traffickers to engage in sex or labor, the bill
provides victims a period of 10 years in which he or she may bring a
civil action against his or her perpetrator, which period will not begin
to run and will be tolled during any period in which the victim is or
remains subject to engaging in sex trafficking, compelling prostitution
or labor trafficking.
Law enforcement training. Finally, to ensure that law enforcement is
aware of the circumstances in which an individual may be a victim of
human trafficking and of the services available to such victims, this
bill requires the Municipal Police Training Council and the Superinten-
dent of the State Police to develop, maintain and disseminate, in
consultation with OTDA and DCJS, written policies and procedures relat-
ing to the identification of human trafficking victims and referral to
appropriate social and legal services for services available for such
victims as referenced in section 483-bb of the Social Services Law.
LEGISLATIVE HISTORY: Same as A.9804, 2012 referred to Codes. Similar
to A.245A, 2012 and 2011 referred to Codes. Similar to A.602, 2010 and
2009 referred to Codes. Similar to A.10956, 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, provided that sections 32 and 45 of this act shall take
effect immediately.
STATE OF NEW YORK
________________________________________________________________________
2240--D
2013-2014 Regular Sessions
IN ASSEMBLY(Prefiled)
January 9, 2013
___________
Introduced by M. of A. PAULIN, DINOWITZ, SCARBOROUGH, ROSENTHAL, COOK,
LAVINE, ZEBROWSKI, ABBATE, CUSICK, ENGLEBRIGHT, GALEF, GUNTHER,
JAFFEE, MAGNARELLI, MARKEY, MILLMAN, MOYA, ROBERTS, WEISENBERG,
SEPULVEDA, STIRPE, KEARNS, OTIS, BUCHWALD, TITUS, SKOUFIS, SIMOTAS,
SCHIMEL, RYAN, RUSSELL, ROSA, QUART, PRETLOW, PERRY, LIFTON, KELLNER,
HEVESI, CLARK, BRONSON, BRINDISI, BARRETT, ARROYO, WEPRIN, STECK,
CORWIN, CURRAN, FITZPATRICK, GARBARINO, JOHNS, KATZ, McLAUGHLIN, SALA-
DINO, STEC, TEDISCO, TITONE, MORELLE, MOSLEY, GRAF, BRAUNSTEIN, SKAR-
TADOS, MILLER, CAMARA, SCHIMMINGER, HOOPER, ROZIC, ORTIZ, BROOK-KRAS-
NY, KAVANAGH, CYMBROWITZ, GANTT, WRIGHT -- Multi-Sponsored by -- M. of
A. ABINANTI, BRENNAN, COLTON, CRESPO, DiPIETRO, FAHY, FARRELL, GJONAJ,
GLICK, GOLDFEDER, HEASTIE, HENNESSEY, HIKIND, JACOBS, LENTOL, LUPARDO,
MAGEE, MAYER, McDONALD, McDONOUGH, MONTESANO, PEOPLES-STOKES, RA,
RAIA, RAMOS, RIVERA, ROBINSON, RODRIGUEZ, SANTABARBARA, SIMANOWITZ,
SOLAGES, SWEENEY, TENNEY, THIELE -- read once and referred to the
Committee on Codes -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- again
reported from said committee with amendments, ordered reprinted as
amended and recommitted to said committee -- recommitted to the
Committee on Codes in accordance with Assembly Rule 3, sec. 2 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee -- again reported from said committee
with amendments, ordered reprinted as amended and recommitted to said
committee
AN ACT to amend the penal law, the criminal procedure law, the social
services law, the civil practice law and rules, the mental hygiene
law, the correction law, the vehicle and traffic law, the public
health law, the real property actions and proceedings law, and the
real property law, in relation to enacting the "trafficking victims
protection and justice act"; to amend the penal law, in relation to
prostitution in a school zone; to amend chapter 74 of the laws of 2007
amending the penal law, the criminal procedure law, the correction
law, the social services law, and the executive law relating to human
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03210-28-4
A. 2240--D 2
trafficking, in relation to extending the interagency task force on
human trafficking for four years; and to amend the executive law, in
relation to human trafficking awareness
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.
20 § 3. Paragraphs (a) and (c) of subdivision 1 of section 70.02 of the
21 penal law, paragraph (a) as amended by chapter 320 of the laws of 2006
22 and paragraph (c) as amended by chapter 1 of the laws of 2013, are
23 amended to read as follows:
24 (a) Class B violent felony offenses: an attempt to commit the class
25 A-I felonies of murder in the second degree as defined in section
26 125.25, kidnapping in the first degree as defined in section 135.25, and
27 arson in the first degree as defined in section 150.20; manslaughter in
28 the first degree as defined in section 125.20, aggravated manslaughter
29 in the first degree as defined in section 125.22, rape in the first
30 degree as defined in section 130.35, criminal sexual act in the first
31 degree as defined in section 130.50, aggravated sexual abuse in the
32 first degree as defined in section 130.70, course of sexual conduct
33 against a child in the first degree as defined in section 130.75;
34 assault in the first degree as defined in section 120.10, kidnapping in
35 the second degree as defined in section 135.20, burglary in the first
36 degree as defined in section 140.30, arson in the second degree as
37 defined in section 150.15, robbery in the first degree as defined in
38 section 160.15, sex trafficking as defined in paragraphs (a) and (b) of
39 subdivision five of section 230.34, incest in the first degree as
40 defined in section 255.27, criminal possession of a weapon in the first
41 degree as defined in section 265.04, criminal use of a firearm in the
42 first degree as defined in section 265.09, criminal sale of a firearm in
43 the first degree as defined in section 265.13, aggravated assault upon a
44 police officer or a peace officer as defined in section 120.11, gang
45 assault in the first degree as defined in section 120.07, intimidating a
46 victim or witness in the first degree as defined in section 215.17,
47 hindering prosecution of terrorism in the first degree as defined in
48 section 490.35, criminal possession of a chemical weapon or biological
A. 2240--D 3
1 weapon in the second degree as defined in section 490.40, and criminal
2 use of a chemical weapon or biological weapon in the third degree as
3 defined in section 490.47.
4 (c) Class D violent felony offenses: an attempt to commit any of the
5 class C felonies set forth in paragraph (b); reckless assault of a child
6 as defined in section 120.02, assault in the second degree as defined in
7 section 120.05, menacing a police officer or peace officer as defined in
8 section 120.18, stalking in the first degree, as defined in subdivision
9 one of section 120.60, strangulation in the second degree as defined in
10 section 121.12, rape in the second degree as defined in section 130.30,
11 criminal sexual act in the second degree as defined in section 130.45,
12 sexual abuse in the first degree as defined in section 130.65, course of
13 sexual conduct against a child in the second degree as defined in
14 section 130.80, aggravated sexual abuse in the third degree as defined
15 in section 130.66, facilitating a sex offense with a controlled
16 substance as defined in section 130.90, labor trafficking as defined in
17 paragraphs (a) and (b) of subdivision three of section 135.35, criminal
18 possession of a weapon in the third degree as defined in subdivision
19 five, six, seven, eight, nine or ten of section 265.02, criminal sale of
20 a firearm in the third degree as defined in section 265.11, intimidating
21 a victim or witness in the second degree as defined in section 215.16,
22 soliciting or providing support for an act of terrorism in the second
23 degree as defined in section 490.10, and making a terroristic threat as
24 defined in section 490.20, falsely reporting an incident in the first
25 degree as defined in section 240.60, placing a false bomb or hazardous
26 substance in the first degree as defined in section 240.62, placing a
27 false bomb or hazardous substance in a sports stadium or arena, mass
28 transportation facility or enclosed shopping mall as defined in section
29 240.63, and aggravated unpermitted use of indoor pyrotechnics in the
30 first degree as defined in section 405.18.
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
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. Section 135.35 of the penal law, as added by chapter 74 of the
49 laws of 2007, is amended to read as follows:
50 § 135.35 Labor trafficking.
51 A person is guilty of labor trafficking if he or she compels or
52 induces another to engage in labor or recruits, entices, harbors, or
53 transports such other person by means of intentionally:
54 1. [unlawfully providing a controlled substance to such person with
55 intent to impair said person's judgment;
A. 2240--D 4
1 2.] requiring that the labor be performed to retire, repay, or service
2 a real or purported debt that the actor has caused by a systematic ongo-
3 ing course of conduct with intent to defraud such person;
4 [3.] 2. withholding, destroying, or confiscating any actual or
5 purported passport, immigration document, or any other actual or
6 purported government identification document, of another person with
7 intent to impair said person's freedom of movement; provided, however,
8 that this subdivision shall not apply to an attempt to correct a social
9 security administration record or immigration agency record in accord-
10 ance with any local, state, or federal agency requirement, where such
11 attempt is not made for the purpose of any express or implied threat;
12 [4.] 3. using force or engaging in any scheme, plan or pattern to
13 compel or induce such person to engage in or continue to engage in labor
14 activity by means of instilling a fear in such person that, if the
15 demand is not complied with, the actor or another will do one or more of
16 the following:
17 (a) cause physical injury, serious physical injury, or death to a
18 person; or
19 (b) cause damage to property, other than the property of the actor; or
20 (c) engage in other conduct constituting a felony or unlawful impri-
21 sonment in the second degree in violation of section 135.05 of this
22 [chapter] article; or
23 (d) accuse some person of a crime or cause criminal charges or depor-
24 tation proceedings to be instituted against such person; provided,
25 however, that it shall be an affirmative defense to this subdivision
26 that the defendant reasonably believed the threatened charge to be true
27 and that his or her sole purpose was to compel or induce the victim to
28 take reasonable action to make good the wrong which was the subject of
29 such threatened charge; or
30 (e) expose a secret or publicize an asserted fact, whether true or
31 false, tending to subject some person to hatred, contempt or ridicule;
32 or
33 (f) testify or provide information or withhold testimony or informa-
34 tion with respect to another's legal claim or defense; or
35 (g) use or abuse his or her position as a public servant by performing
36 some act within or related to his or her official duties, or by failing
37 or refusing to perform an official duty, in such manner as to affect
38 some person adversely.
39 Labor trafficking is a class D felony.
40 § 6. The penal law is amended by adding a new section 135.37 to read
41 as follows:
42 § 135.37 Aggravated labor trafficking.
43 A person is guilty of aggravated labor trafficking if he or she
44 compels or induces another to engage in labor or recruits, entices,
45 harbors, or transports such other person to engage in labor by means of
46 intentionally unlawfully providing a controlled substance to such person
47 with intent to impair said person's judgment.
48 Aggravated labor trafficking is a class C felony.
49 § 7. Paragraph (a) of subdivision 1 of section 460.10 of the penal
50 law, as amended by chapter 405 of the laws of 2010, is amended to read
51 as follows:
52 (a) Any of the felonies set forth in this chapter: sections 120.05,
53 120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat-
54 ing to strangulation; sections 125.10 to 125.27 relating to homicide;
55 sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and
56 135.25 relating to kidnapping; [section] sections 135.35 and 135.37
A. 2240--D 5
1 relating to labor trafficking; section 135.65 relating to coercion;
2 sections 140.20, 140.25 and 140.30 relating to burglary; sections
3 145.05, 145.10 and 145.12 relating to criminal mischief; article one
4 hundred fifty relating to arson; sections 155.30, 155.35, 155.40 and
5 155.42 relating to grand larceny; sections 177.10, 177.15, 177.20 and
6 177.25 relating to health care fraud; article one hundred sixty relating
7 to robbery; sections 165.45, 165.50, 165.52 and 165.54 relating to crim-
8 inal possession of stolen property; sections 165.72 and 165.73 relating
9 to trademark counterfeiting; sections 170.10, 170.15, 170.25, 170.30,
10 170.40, 170.65 and 170.70 relating to forgery; sections 175.10, 175.25,
11 175.35, 175.40 and 210.40 relating to false statements; sections 176.15,
12 176.20, 176.25 and 176.30 relating to insurance fraud; sections 178.20
13 and 178.25 relating to criminal diversion of prescription medications
14 and prescriptions; sections 180.03, 180.08, 180.15, 180.25, 180.40,
15 180.45, 200.00, 200.03, 200.04, 200.10, 200.11, 200.12, 200.20, 200.22,
16 200.25, 200.27, 215.00, 215.05 and 215.19 relating to bribery; sections
17 187.10, 187.15, 187.20 and 187.25 relating to residential mortgage
18 fraud, sections 190.40 and 190.42 relating to criminal usury; section
19 190.65 relating to schemes to defraud; sections 205.60 and 205.65 relat-
20 ing to hindering prosecution; sections 210.10, 210.15, and 215.51 relat-
21 ing to perjury and contempt; section 215.40 relating to tampering with
22 physical evidence; sections 220.06, 220.09, 220.16, 220.18, 220.21,
23 220.31, 220.34, 220.39, 220.41, 220.43, 220.46, 220.55, 220.60 and
24 220.77 relating to controlled substances; sections 225.10 and 225.20
25 relating to gambling; sections 230.25, 230.30, and 230.32 relating to
26 promoting prostitution; section 230.34 relating to sex trafficking;
27 sections 235.06, 235.07, 235.21 and 235.22 relating to obscenity;
28 sections 263.10 and 263.15 relating to promoting a sexual performance by
29 a child; sections 265.02, 265.03, 265.04, 265.11, 265.12, 265.13 and the
30 provisions of section 265.10 which constitute a felony relating to
31 firearms and other dangerous weapons; and sections 265.14 and 265.16
32 relating to criminal sale of a firearm; and section 275.10, 275.20,
33 275.30, or 275.40 relating to unauthorized recordings; and sections
34 470.05, 470.10, 470.15 and 470.20 relating to money laundering; or
35 § 8. Paragraphs (b) and (h) of subdivision 8 of section 700.05 of the
36 criminal procedure law, paragraph (b) as amended by chapter 405 of the
37 laws of 2010 and paragraph (h) as amended by chapter 154 of the laws of
38 1990, are amended to read as follows:
39 (b) Any of the following felonies: assault in the second degree as
40 defined in section 120.05 of the penal law, assault in the first degree
41 as defined in section 120.10 of the penal law, reckless endangerment in
42 the first degree as defined in section 120.25 of the penal law, promot-
43 ing a suicide attempt as defined in section 120.30 of the penal law,
44 strangulation in the second degree as defined in section 121.12 of the
45 penal law, strangulation in the first degree as defined in section
46 121.13 of the penal law, criminally negligent homicide as defined in
47 section 125.10 of the penal law, manslaughter in the second degree as
48 defined in section 125.15 of the penal law, manslaughter in the first
49 degree as defined in section 125.20 of the penal law, murder in the
50 second degree as defined in section 125.25 of the penal law, murder in
51 the first degree as defined in section 125.27 of the penal law, abortion
52 in the second degree as defined in section 125.40 of the penal law,
53 abortion in the first degree as defined in section 125.45 of the penal
54 law, rape in the third degree as defined in section 130.25 of the penal
55 law, rape in the second degree as defined in section 130.30 of the penal
56 law, rape in the first degree as defined in section 130.35 of the penal
A. 2240--D 6
1 law, criminal sexual act in the third degree as defined in section
2 130.40 of the penal law, criminal sexual act in the second degree as
3 defined in section 130.45 of the penal law, criminal sexual act in the
4 first degree as defined in section 130.50 of the penal law, sexual abuse
5 in the first degree as defined in section 130.65 of the penal law,
6 unlawful imprisonment in the first degree as defined in section 135.10
7 of the penal law, kidnapping in the second degree as defined in section
8 135.20 of the penal law, kidnapping in the first degree as defined in
9 section 135.25 of the penal law, labor trafficking as defined in section
10 135.35 of the penal law, aggravated labor trafficking as defined in
11 section 135.37 of the penal law, custodial interference in the first
12 degree as defined in section 135.50 of the penal law, coercion in the
13 first degree as defined in section 135.65 of the penal law, criminal
14 trespass in the first degree as defined in section 140.17 of the penal
15 law, burglary in the third degree as defined in section 140.20 of the
16 penal law, burglary in the second degree as defined in section 140.25 of
17 the penal law, burglary in the first degree as defined in section 140.30
18 of the penal law, criminal mischief in the third degree as defined in
19 section 145.05 of the penal law, criminal mischief in the second degree
20 as defined in section 145.10 of the penal law, criminal mischief in the
21 first degree as defined in section 145.12 of the penal law, criminal
22 tampering in the first degree as defined in section 145.20 of the penal
23 law, arson in the fourth degree as defined in section 150.05 of the
24 penal law, arson in the third degree as defined in section 150.10 of the
25 penal law, arson in the second degree as defined in section 150.15 of
26 the penal law, arson in the first degree as defined in section 150.20 of
27 the penal law, grand larceny in the fourth degree as defined in section
28 155.30 of the penal law, grand larceny in the third degree as defined in
29 section 155.35 of the penal law, grand larceny in the second degree as
30 defined in section 155.40 of the penal law, grand larceny in the first
31 degree as defined in section 155.42 of the penal law, health care fraud
32 in the fourth degree as defined in section 177.10 of the penal law,
33 health care fraud in the third degree as defined in section 177.15 of
34 the penal law, health care fraud in the second degree as defined in
35 section 177.20 of the penal law, health care fraud in the first degree
36 as defined in section 177.25 of the penal law, robbery in the third
37 degree as defined in section 160.05 of the penal law, robbery in the
38 second degree as defined in section 160.10 of the penal law, robbery in
39 the first degree as defined in section 160.15 of the penal law, unlawful
40 use of secret scientific material as defined in section 165.07 of the
41 penal law, criminal possession of stolen property in the fourth degree
42 as defined in section 165.45 of the penal law, criminal possession of
43 stolen property in the third degree as defined in section 165.50 of the
44 penal law, criminal possession of stolen property in the second degree
45 as defined by section 165.52 of the penal law, criminal possession of
46 stolen property in the first degree as defined by section 165.54 of the
47 penal law, trademark counterfeiting in the second degree as defined in
48 section 165.72 of the penal law, trademark counterfeiting in the first
49 degree as defined in section 165.73 of the penal law, forgery in the
50 second degree as defined in section 170.10 of the penal law, forgery in
51 the first degree as defined in section 170.15 of the penal law, criminal
52 possession of a forged instrument in the second degree as defined in
53 section 170.25 of the penal law, criminal possession of a forged instru-
54 ment in the first degree as defined in section 170.30 of the penal law,
55 criminal possession of forgery devices as defined in section 170.40 of
56 the penal law, falsifying business records in the first degree as
A. 2240--D 7
1 defined in section 175.10 of the penal law, tampering with public
2 records in the first degree as defined in section 175.25 of the penal
3 law, offering a false instrument for filing in the first degree as
4 defined in section 175.35 of the penal law, issuing a false certificate
5 as defined in section 175.40 of the penal law, criminal diversion of
6 prescription medications and prescriptions in the second degree as
7 defined in section 178.20 of the penal law, criminal diversion of
8 prescription medications and prescriptions in the first degree as
9 defined in section 178.25 of the penal law, residential mortgage fraud
10 in the fourth degree as defined in section 187.10 of the penal law,
11 residential mortgage fraud in the third degree as defined in section
12 187.15 of the penal law, residential mortgage fraud in the second degree
13 as defined in section 187.20 of the penal law, residential mortgage
14 fraud in the first degree as defined in section 187.25 of the penal law,
15 escape in the second degree as defined in section 205.10 of the penal
16 law, escape in the first degree as defined in section 205.15 of the
17 penal law, absconding from temporary release in the first degree as
18 defined in section 205.17 of the penal law, promoting prison contraband
19 in the first degree as defined in section 205.25 of the penal law,
20 hindering prosecution in the second degree as defined in section 205.60
21 of the penal law, hindering prosecution in the first degree as defined
22 in section 205.65 of the penal law, sex trafficking as defined in
23 section 230.34 of the penal law, criminal possession of a weapon in the
24 third degree as defined in subdivisions two, three and five of section
25 265.02 of the penal law, criminal possession of a weapon in the second
26 degree as defined in section 265.03 of the penal law, criminal
27 possession of a weapon in the first degree as defined in section 265.04
28 of the penal law, manufacture, transport, disposition and defacement of
29 weapons and dangerous instruments and appliances defined as felonies in
30 subdivisions one, two, and three of section 265.10 of the penal law,
31 sections 265.11, 265.12 and 265.13 of the penal law, or prohibited use
32 of weapons as defined in subdivision two of section 265.35 of the penal
33 law, relating to firearms and other dangerous weapons, or failure to
34 disclose the origin of a recording in the first degree as defined in
35 section 275.40 of the penal law;
36 (h) Promoting prostitution in the first degree, as defined in section
37 230.32 of the penal law, promoting prostitution in the second degree, as
38 defined by subdivision one of section 230.30 of the penal law, promoting
39 prostitution in the third degree, as defined in section 230.25 of the
40 penal law;
41 § 9. The penal law is amended by adding a new section 230.01 to read
42 as follows:
43 § 230.01 Prostitution; affirmative defense.
44 In any prosecution under section 230.00, section 230.03 or subdivision
45 two of section 240.37 of this part, it is an affirmative defense that
46 the defendant's participation in the offense was a result of having been
47 a victim of compelling prostitution under section 230.33, a victim of
48 sex trafficking under section 230.34 of this article or a victim of
49 trafficking in persons under the trafficking victims protection act
50 (United States Code, Title 22, Chapter 78).
51 § 10. The section heading and subdivision 1 of section 230.02 of the
52 penal law, as amended by chapter 627 of the laws of 1978, are amended to
53 read as follows:
54 Patronizing a [prostitute] person for prostitution; definitions.
55 1. A person patronizes a [prostitute] person for prostitution when:
A. 2240--D 8
1 (a) Pursuant to a prior understanding, he or she pays a fee to another
2 person as compensation for such person or a third person having engaged
3 in sexual conduct with him or her; or
4 (b) He or she pays or agrees to pay a fee to another person pursuant
5 to an understanding that in return therefor such person or a third
6 person will engage in sexual conduct with him or her; or
7 (c) He or she solicits or requests another person to engage in sexual
8 conduct with him or her in return for a fee.
9 § 11. Subdivision 2 of section 230.03 of the penal law, as added by
10 chapter 191 of the laws of 2011, is amended to read as follows:
11 2. For the purposes of this section, section 230.08 and section 230.19
12 of this article, "school zone" means (a) in or on or within any build-
13 ing, structure, athletic playing field, playground or land contained
14 within the real property boundary line of a public or private elementa-
15 ry, parochial, intermediate, junior high, vocational, or high school, or
16 (b) any public sidewalk, street, parking lot, park, playground or
17 private land, located immediately adjacent to the boundary line of such
18 school.
19 § 12. Section 230.04 of the penal law, as amended by chapter 74 of the
20 laws of 2007, is amended to read as follows:
21 § 230.04 Patronizing a [prostitute] person for prostitution in the third
22 degree.
23 A person is guilty of patronizing a [prostitute] person for prostitu-
24 tion in the third degree when he or she patronizes a [prostitute] person
25 for prostitution.
26 Patronizing a [prostitute] person for prostitution in the third degree
27 is a class A misdemeanor.
28 § 13. Section 230.05 of the penal law, as added by chapter 627 of the
29 laws of 1978, is amended to read as follows:
30 § 230.05 Patronizing a [prostitute] person for prostitution in the
31 second degree.
32 A person is guilty of patronizing a [prostitute] person for prostitu-
33 tion in the second degree when, being [over] eighteen years [of age] old
34 or more, he or she patronizes a [prostitute] person for prostitution and
35 the person patronized is less than [fourteen] fifteen years [of age]
36 old.
37 Patronizing a [prostitute] person for prostitution in the second
38 degree is a class E felony.
39 § 14. Section 230.06 of the penal law, as added by chapter 627 of the
40 laws of 1978, is amended to read as follows:
41 § 230.06 Patronizing a [prostitute] person for prostitution in the first
42 degree.
43 A person is guilty of patronizing a [prostitute] person for prostitu-
44 tion in the first degree when [he]:
45 1. He or she patronizes a [prostitute] person for prostitution and the
46 person patronized is less than eleven years [of age] old; or
47 2. Being eighteen years old or more, he or she patronizes a person for
48 prostitution and the person patronized is less than thirteen years old.
49 Patronizing a [prostitute] person for prostitution in the first degree
50 is a class D felony.
51 § 15. Section 230.07 of the penal law, as amended by chapter 74 of the
52 laws of 2007, is amended to read as follows:
53 § 230.07 Patronizing a [prostitute] person for prostitution; defense.
54 In any prosecution for patronizing a [prostitute] person for prostitu-
55 tion in the first or second degrees or patronizing a person for prosti-
56 tution in a school zone, it is a defense that the defendant did not have
A. 2240--D 9
1 reasonable grounds to believe that the person was less than the age
2 specified.
3 § 16. The penal law is amended by adding a new section 230.08 to read
4 as follows:
5 § 230.08 Patronizing a person for prostitution in a school zone.
6 1. A person is guilty of patronizing a person for prostitution in a
7 school zone when, being twenty-one years old or more, he or she patron-
8 izes a person for prostitution and the person patronized is less than
9 eighteen years old at a place that he or she knows, or reasonably should
10 know, is in a school zone.
11 2. For purposes of this section, "school zone" shall mean "school
12 zone" as defined in subdivision two of section 230.03 of this article.
13 Patronizing a person for prostitution in a school zone is a class E
14 felony.
15 § 17. 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;
18 no 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 § 18. 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 seventeen 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 as those terms are defined in section 130.00 of
33 this part, with the person patronized.
34 Aggravated patronizing a minor for prostitution in the third degree is
35 a class E felony.
36 § 230.12 Aggravated patronizing a minor for prostitution in the second
37 degree.
38 A person is guilty of aggravated patronizing a minor for prostitution
39 in the second degree when, being eighteen years old or more, he or she
40 patronizes a person for prostitution and the person patronized is less
41 than fifteen years old and the person guilty of patronizing engages in
42 sexual intercourse, oral sexual conduct, anal sexual conduct, or aggra-
43 vated sexual conduct as those terms are defined in section 130.00 of
44 this part, with the person patronized.
45 Aggravated patronizing a minor for prostitution in the second degree
46 is a class D felony.
47 § 230.13 Aggravated patronizing a minor for prostitution in the first
48 degree.
49 A person is guilty of aggravated patronizing a minor for prostitution
50 in the first degree when he or she patronizes a person for prostitution
51 and the person patronized is less than eleven years old, or being eigh-
52 teen years old or more, he or she patronizes a person for prostitution
53 and the person patronized is less than thirteen years old, and the
54 person guilty of patronizing engages in sexual intercourse, oral sexual
55 conduct, anal sexual conduct, or aggravated sexual conduct as those
A. 2240--D 10
1 terms are defined in section 130.00 of this part, with the person
2 patronized.
3 Aggravated patronizing a minor for prostitution in the first degree is
4 a class B felony.
5 § 19. Subdivisions 1 and 2 of section 230.15 of the penal law are
6 amended to read as follows:
7 1. "Advance prostitution." A person "advances prostitution" when,
8 acting other than as a [prostitute] person in prostitution or as a
9 patron thereof, he or she knowingly causes or aids a person to commit or
10 engage in prostitution, procures or solicits patrons for prostitution,
11 provides persons or premises for prostitution purposes, operates or
12 assists in the operation of a house of prostitution or a prostitution
13 enterprise, or engages in any other conduct designed to institute, aid
14 or facilitate an act or enterprise of prostitution.
15 2. "Profit from prostitution." A person "profits from prostitution"
16 when, acting other than as a [prostitute] person in prostitution receiv-
17 ing compensation for personally rendered prostitution services, he or
18 she accepts or receives money or other property pursuant to an agreement
19 or understanding with any person whereby he or she participates or is to
20 participate in the proceeds of prostitution activity.
21 § 20. Subdivision 1 of section 230.19 of the penal law, as added by
22 chapter 191 of the laws of 2011, is amended to read as follows:
23 1. A person is guilty of promoting prostitution in a school zone when,
24 being nineteen years [of age] old or [older] more, he or she knowingly
25 advances or profits from prostitution that he or she knows or reasonably
26 should know is or will be committed in violation of section 230.03 of
27 this article in a school zone during the hours that school is in
28 session.
29 § 21. The opening paragraph and subdivision 1 of section 230.25 of the
30 penal law, the opening paragraph as amended by chapter 627 of the laws
31 of 1978 and subdivision 1 as amended by chapter 74 of the laws of 2007,
32 are amended to read as follows:
33 A person is guilty of promoting prostitution in the third degree when
34 he or she knowingly:
35 1. Advances or profits from prostitution by managing, supervising,
36 controlling or owning, either alone or in association with others, a
37 house of prostitution or a prostitution business or enterprise involving
38 prostitution activity by two or more [prostitutes] persons in prostitu-
39 tion, or a business that sells travel-related services knowing that such
40 services include or are intended to facilitate travel for the purpose of
41 patronizing a [prostitute] person for prostitution, including to a
42 foreign jurisdiction and regardless of the legality of prostitution in
43 said foreign jurisdiction; or
44 § 22. Section 230.30 of the penal law, as amended by chapter 627 of
45 the laws of 1978, is amended to read as follows:
46 § 230.30 Promoting prostitution in the second degree.
47 A person is guilty of promoting prostitution in the second degree when
48 he or she knowingly:
49 1. Advances prostitution by compelling a person by force or intim-
50 idation to engage in prostitution, or profits from such coercive conduct
51 by another; or
52 2. Advances or profits from prostitution of a person less than
53 [sixteen] eighteen years old.
54 Promoting prostitution in the second degree is a class C felony.
A. 2240--D 11
1 § 23. The first undesignated paragraph of section 230.32 of the penal
2 law, as added by chapter 627 of the laws of 1978, is amended to read as
3 follows:
4 A person is guilty of promoting prostitution in the first degree when
5 he or she:
6 1. knowingly advances or profits from prostitution of a person less
7 than [eleven] thirteen years old; or
8 2. being twenty-one years old or more, he or she knowingly advances or
9 profits from prostitution of a person less than fifteen years old.
10 § 24. Section 230.33 of the penal law, as added by chapter 450 of the
11 laws of 2005, is amended to read as follows:
12 § 230.33 Compelling prostitution.
13 A person is guilty of compelling prostitution when, being [twenty-one]
14 eighteen years [of age or older] old or more, he or she knowingly
15 advances prostitution by compelling a person less than [sixteen] eigh-
16 teen years old, by force or intimidation, to engage in prostitution.
17 Compelling prostitution is a class B felony.
18 § 25. Section 230.35 of the penal law, as amended by chapter 450 of
19 the laws of 2005, is amended to read as follows:
20 § 230.35 Promoting or compelling prostitution; accomplice.
21 In a prosecution for promoting prostitution or compelling prostitu-
22 tion, a person less than [seventeen] eighteen years [of age] old from
23 whose prostitution activity another person is alleged to have advanced
24 or attempted to advance or profited or attempted to profit shall not be
25 deemed to be an accomplice.
26 § 26. The first undesignated paragraph of section 230.40 of the penal
27 law is amended to read as follows:
28 A person is guilty of permitting prostitution when, having possession
29 or control of premises or vehicle which he or she knows are being used
30 for prostitution purposes or for the purpose of advancing prostitution,
31 he or she fails to make reasonable effort to halt or abate such use.
32 § 27. Subdivision 2 of section 240.37 of the penal law, as added by
33 chapter 344 of the laws of 1976, is amended, and subdivision 3 is renum-
34 bered subdivision 4 and a new subdivision 3 is added to read as follows:
35 2. Any person who remains or wanders about in a public place and
36 repeatedly beckons to, or repeatedly stops, or repeatedly attempts to
37 stop, or repeatedly attempts to engage passers-by in conversation, or
38 repeatedly stops or attempts to stop motor vehicles, or repeatedly
39 interferes with the free passage of other persons, for the purpose of
40 prostitution[, or of patronizing a prostitute as those terms are] as
41 that term is defined in article two hundred thirty of [the penal law]
42 this part, shall be guilty of a violation and is guilty of a class B
43 misdemeanor if such person has previously been convicted of a violation
44 of this section or of [sections] section 230.00 [or 230.05] of [the
45 penal law] this part.
46 3. Any person who remains or wanders about in a public place and
47 repeatedly beckons to, or repeatedly stops, or repeatedly attempts to
48 stop, or repeatedly attempts to engage passers-by in conversation, or
49 repeatedly stops or attempts to stop motor vehicles, or repeatedly
50 interferes with the free passage of other persons, for the purpose of
51 patronizing a person for prostitution as defined in section 230.02 of
52 this part, shall be guilty of a violation and is guilty of a class B
53 misdemeanor if such person has previously been convicted of a violation
54 of this section or of section 230.04, 230.05, 230.06 or 230.08 of this
55 part.
A. 2240--D 12
1 § 28. Subdivision 6 of section 380.50 of the criminal procedure law,
2 as amended by chapter 320 of the laws of 2006, is amended to read as
3 follows:
4 6. Regardless of whether the victim requests to make a statement with
5 regard to the defendant's sentence, where the defendant is sentenced for
6 a violent felony offense as defined in section 70.02 of the penal law or
7 a felony defined in article one hundred twenty-five of such law or any
8 of the following provisions of such law sections 130.25, 130.30, 130.40,
9 130.45, 255.25, 255.26, 255.27, article two hundred sixty-three, 135.10,
10 135.25, 230.05, 230.06, 230.11, 230.12, 230.13, subdivision two of
11 section 230.30 or 230.32, the prosecutor shall, within sixty days of the
12 imposition of sentence, provide the victim with a form on which the
13 victim may indicate a demand to be informed of any petition to change
14 the name of such defendant. Such forms shall be maintained by such
15 prosecutor. Upon receipt of a notice of a petition to change the name of
16 any such defendant, pursuant to subdivision two of section sixty-two of
17 the civil rights law, the prosecutor shall promptly notify the victim at
18 the most current address or telephone number provided by such victim in
19 the most reasonable and expedient possible manner of the time and place
20 such petition will be presented to the court.
21 § 29. Paragraph (i) of subdivision 1 of section 440.10 of the criminal
22 procedure law, as added by chapter 332 of the laws of 2010, is amended
23 to read as follows:
24 (i) The judgment is a conviction where the arresting charge was under
25 section 240.37 (loitering for the purpose of engaging in a prostitution
26 offense, provided that the defendant was not alleged to be loitering for
27 the purpose of patronizing a [prostitute] person for prostitution or
28 promoting prostitution) or 230.00 (prostitution) or 230.03 (prostitution
29 in a school zone) of the penal law, and the defendant's participation in
30 the offense was a result of having been a victim of sex trafficking
31 under section 230.34 of the penal law, labor trafficking under section
32 135.35 of the penal law, aggravated labor trafficking under section
33 135.37 of the penal law, compelling prostitution under section 230.33 of
34 the penal law, or trafficking in persons under the Trafficking Victims
35 Protection Act (United States Code, title 22, chapter 78); provided that
36 (i) a motion under this paragraph shall be made with due diligence,
37 after the defendant has ceased to be a victim of such trafficking or
38 compelling prostitution crime or has sought services for victims of such
39 trafficking or compelling prostitution crime, subject to reasonable
40 concerns for the safety of the defendant, family members of the defend-
41 ant, or other victims of such trafficking or compelling prostitution
42 crime that may be jeopardized by the bringing of such motion, or for
43 other reasons consistent with the purpose of this paragraph; and
44 (ii) official documentation of the defendant's status as a victim of
45 [sex] trafficking, compelling prostitution or trafficking in persons at
46 the time of the offense from a federal, state or local government agency
47 shall create a presumption that the defendant's participation in the
48 offense was a result of having been a victim of sex trafficking, compel-
49 ling prostitution or trafficking in persons, but shall not be required
50 for granting a motion under this paragraph.
51 § 30. Section 483-bb of the social services law is amended by adding a
52 new subdivision (c) to read as follows:
53 (c) An individual who is a victim of the conduct prohibited by section
54 230.33, 230.34, 135.35 or 135.37 of the penal law may bring a civil
55 action against the perpetrator or whoever knowingly advances or profits
56 from, or whoever should have known he or she was advancing or profiting
A. 2240--D 13
1 from, an act in violation of section 230.33, 230.34, 135.35 or 135.37 of
2 the penal law to recover damages and reasonable attorney's fees.
3 § 31. Section 212 of the civil practice law and rules is amended by
4 adding a new subdivision (e) to read as follows:
5 (e) By a victim of sex trafficking, compelling prostitution, or labor
6 trafficking. An action by a victim of sex trafficking, compelling pros-
7 titution, labor trafficking or aggravated labor trafficking, brought
8 pursuant to subdivision (c) of section four hundred eighty-three-bb of
9 the social services law, may be commenced within ten years after such
10 victimization occurs provided, however, that such ten year period shall
11 not begin to run and shall be tolled during any period in which the
12 victim is or remains subject to such conduct.
13 § 32. Subdivision (a) of section 483-cc of the social services law, as
14 added by chapter 74 of the laws of 2007, is amended to read as follows:
15 (a) As soon as practicable after a first encounter with a person who
16 reasonably appears to a law enforcement agency [or a], district attor-
17 ney's office, or an established provider of social or legal services
18 designated by the office of temporary and disability assistance, the
19 office for the prevention of domestic violence or the office of victim
20 services to be a human trafficking victim, that [agency or] law enforce-
21 ment agency or district attorney's office shall notify the office of
22 temporary and disability assistance and the division of criminal justice
23 services that such person may be eligible for services under this arti-
24 cle or, in the case of an established provider of social or legal
25 services, shall notify the office of temporary and disability assistance
26 and the division of criminal justice services if such victim consents to
27 seeking services pursuant to this article.
28 § 33. Section 14 of chapter 74 of the laws of 2007, amending the penal
29 law, the criminal procedure law, the correction law, the social services
30 law, and the executive law relating to human trafficking, as amended by
31 chapter 24 of the laws of 2011, is amended to read as follows:
32 § 14. This act shall take effect on the first of November next
33 succeeding the date on which it shall have become a law; provided that
34 section 483-ee of the social services law, as added by section eleven of
35 this act, shall take effect immediately and shall remain in full force
36 and effect until September 1, [2013] 2018 when upon such date the
37 provisions of such section shall expire and be deemed repealed.
38 Provided, effective immediately, the addition, amendment and/or repeal
39 of any rule or regulation necessary for the timely implementation of the
40 provisions of article 10-D of the social services law, as added by
41 section eleven of this act, on its effective date are authorized to be
42 made on or before such effective date.
43 § 34. Subdivision (p) of section 10.03 of the mental hygiene law, as
44 added by chapter 7 of the laws of 2007, is amended to read as follows:
45 (p) "Sex offense" means an act or acts constituting: (1) any felony
46 defined in article one hundred thirty of the penal law, including a
47 sexually motivated felony; (2) patronizing a [prostitute] person for
48 prostitution in the first degree as defined in section 230.06 of the
49 penal law, aggravated patronizing a minor for prostitution in the first
50 degree as defined in section 230.13 of the penal law, aggravated patron-
51 izing a minor for prostitution in the second degree as defined in
52 section 230.12 of the penal law, aggravated patronizing a minor for
53 prostitution in the third degree as defined in section 230.11 of the
54 penal law, incest in the second degree as defined in section 255.26 of
55 the penal law, or incest in the first degree as defined in section
56 255.27 of the penal law; (3) a felony attempt or conspiracy to commit
A. 2240--D 14
1 any of the foregoing offenses set forth in this subdivision; or (4) a
2 designated felony, as defined in subdivision (f) of this section, if
3 sexually motivated and committed prior to the effective date of this
4 article.
5 § 35. Subparagraph (i) of paragraph (a) of subdivision 2 of section
6 168-a of the correction law, as amended by chapter 405 of the laws of
7 2008, is amended to read as follows:
8 (i) a conviction of or a conviction for an attempt to commit any of
9 the provisions of sections 120.70, 130.20, 130.25, 130.30, 130.40,
10 130.45, 130.60, 230.34, 250.50, 255.25, 255.26 and 255.27 or article two
11 hundred sixty-three of the penal law, or section 135.05, 135.10, 135.20
12 or 135.25 of such law relating to kidnapping offenses, provided the
13 victim of such kidnapping or related offense is less than seventeen
14 years old and the offender is not the parent of the victim, or section
15 230.04, where the person patronized is in fact less than seventeen years
16 of age, 230.05 [or], 230.06, [or] 230.11, 230.12, 230.13, subdivision
17 two of section 230.30, [or] section 230.32 [or], 230.33, or 230.34 of
18 the penal law, or section 230.25 of the penal law where the person pros-
19 tituted is in fact less than seventeen years old, or
20 § 36. Paragraph (b) of subdivision 1 of section 168-d of the
21 correction law, as amended by chapter 74 of the laws of 2007, is amended
22 to read as follows:
23 (b) Where a defendant stands convicted of an offense defined in para-
24 graph (b) of subdivision two of section one hundred sixty-eight-a of
25 this article or where the defendant was convicted of patronizing a
26 [prostitute] person for prostitution in the third degree under section
27 230.04 of the penal law and the defendant controverts an allegation that
28 the victim of such offense was less than eighteen years of age or, in
29 the case of a conviction under section 230.04 of the penal law, less
30 than seventeen years of age, the court, without a jury, shall, prior to
31 sentencing, conduct a hearing, and the people may prove by clear and
32 convincing evidence that the victim was less than eighteen years [of
33 age] old or less than seventeen years [of age] old, as applicable, by
34 any evidence admissible under the rules applicable to a trial of the
35 issue of guilt. The court in addition to such admissible evidence may
36 also consider reliable hearsay evidence submitted by either party
37 provided that it is relevant to the determination of the age of the
38 victim. Facts concerning the age of the victim proven at trial or ascer-
39 tained at the time of entry of a plea of guilty shall be deemed estab-
40 lished by clear and convincing evidence and shall not be relitigated. At
41 the conclusion of the hearing, or if the defendant does not controvert
42 an allegation that the victim of the offense was less than eighteen
43 years [of age] old or less than seventeen years [of age] old, as appli-
44 cable, the court must make a finding and enter an order setting forth
45 the age of the victim. If the court finds that the victim of such
46 offense was under eighteen years [of age] old or under seventeen years
47 [of age] old, as applicable, the court shall certify the defendant as a
48 sex offender, the provisions of paragraph (a) of this subdivision shall
49 apply and the defendant shall register with the division in accordance
50 with the provisions of this article.
51 § 37. Paragraph (c) of subdivision 4 of section 509-cc of the vehicle
52 and traffic law, as amended by chapter 400 of the laws of 2011, is
53 amended to read as follows:
54 (c) The offenses referred to in subparagraph (i) of paragraph (b) of
55 subdivision one and subparagraph (i) of paragraph (c) of subdivision two
56 of this section that result in disqualification for a period of five
A. 2240--D 15
1 years shall include a conviction under sections 100.10, 105.13, 115.05,
2 120.03, 120.04, 120.04-a, 120.05, 120.10, 120.25, 121.12, 121.13,
3 125.40, 125.45, 130.20, 130.25, 130.52, 130.55, 135.10, 135.55, 140.17,
4 140.25, 140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06, 220.09,
5 220.16, 220.31, 220.34, 220.60, 220.65, 221.30, 221.50, 221.55, 230.00,
6 230.05, 230.06, 230.11, 230.12, 230.13, 230.19, 230.20, 235.05, 235.06,
7 235.07, 235.21, 240.06, 245.00, 260.10, subdivision two of section
8 260.20 and sections 260.25, 265.02, 265.03, 265.08, 265.09, 265.10,
9 265.12, 265.35 of the penal law or an attempt to commit any of the afor-
10 esaid offenses under section 110.00 of the penal law, or any similar
11 offenses committed under a former section of the penal law, or any
12 offenses committed under a former section of the penal law which would
13 constitute violations of the aforesaid sections of the penal law, or any
14 offenses committed outside this state which would constitute violations
15 of the aforesaid sections of the penal law.
16 § 38. The vehicle and traffic law is amended by adding a new section
17 510-d to read as follows:
18 § 510-d. Suspension and revocation of class E driver's licenses. 1. A
19 class E driver's license shall be suspended by the commissioner for a
20 period of one year where the holder is convicted of a violation of
21 section 230.20, 230.25, 230.30, 230.32, 230.34 or 230.40 of the penal
22 law and the holder used a for hire motor vehicle to commit such crime.
23 2. A class E driver's license may be revoked by the commissioner when
24 the holder, who had his or her driver's license suspended under subdivi-
25 sion one of this section within the last ten years, is convicted of a
26 second violation of section 230.20, 230.25, 230.30, 230.32, 230.34 or
27 230.40 of the penal law and the holder used a for hire motor vehicle to
28 commit such crime.
29 3. Any revocation or suspension of a class E driver's license issued
30 pursuant to this article shall be applicable only to that portion of the
31 holder's driver's license or privilege which permits the operation of a
32 motor vehicle transporting passengers for hire, and the commissioner
33 shall immediately issue a license, other than a class E driver's
34 license, to such person, provided that such person is otherwise eligible
35 to receive such license and further provided that issuing a license to
36 such person does not create a substantial traffic safety hazard.
37 4. The provisions of this section shall not be construed to prevent
38 any person who has the authority to suspend or revoke a license to drive
39 or privilege of operating pursuant to section five hundred ten of this
40 article from exercising any such authority.
41 § 39. Section 2324-a of the public health law, as amended by chapter
42 260 of the laws of 1978, is amended to read as follows:
43 § 2324-a. Presumptive evidence. For the purposes of this title, two
44 or more convictions of any person or persons had, within a period of one
45 year, for any of the offenses described in section 230.00, 230.05,
46 230.06, 230.08, 230.11, 230.12, 230.13, 230.20, 230.25 [or], 230.30 or
47 230.32 of the penal law arising out of conduct engaged in at the same
48 real property consisting of a dwelling as that term is defined in subdi-
49 vision four of section four of the multiple dwelling law shall be
50 presumptive evidence of conduct constituting use of the premises for
51 purposes of prostitution.
52 § 40. Subdivision 2 of section 715 of the real property actions and
53 proceedings law, as added by chapter 494 of the laws of 1976, is amended
54 to read as follows:
55 2. For purposes of this section, two or more convictions of any person
56 or persons had, within a period of one year, for any of the offenses
A. 2240--D 16
1 described in section 230.00, 230.05, 230.06, 230.11, 230.12, 230.13,
2 230.20, 230.25, 230.30, 230.32 or 230.40 of the penal law arising out of
3 conduct engaged in at the same real property consisting of a dwelling as
4 that term is defined in subdivision four of section four of the multiple
5 dwelling law shall be presumptive evidence of conduct constituting use
6 of the premises for purposes of prostitution.
7 § 41. Subdivision 3 of section 231 of the real property law, as
8 amended by chapter 203 of the laws of 1980, is amended to read as
9 follows:
10 3. For the purposes of this section, two or more convictions of any
11 person or persons had, within a period of one year, for any of the
12 offenses described in section 230.00, 230.05, 230.06, 230.11, 230.12,
13 230.13, 230.20, 230.25, 230.30, 230.32 or 230.40 of the penal law aris-
14 ing out of conduct engaged in at the same premises consisting of a
15 dwelling as that term is defined in subdivision four of section four of
16 the multiple dwelling law shall be presumptive evidence of unlawful use
17 of such premises and of the owners knowledge of the same.
18 § 42. Subdivision 3 of section 840 of the executive law is amended by
19 adding a new paragraph (f-1) to read as follows:
20 (f-1) Develop, maintain and disseminate, in consultation with the
21 office of temporary and disability assistance and the division of crimi-
22 nal justice services, written policies and procedures regarding human
23 trafficking victims. Such policies and procedures shall include, but not
24 be limited to the following: (1) the identification of potential victims
25 of human trafficking, as defined under section four hundred eighty-
26 three-aa of the social services law; and (2) information and/or referral
27 to appropriate social and legal services for victims of human traffick-
28 ing in accordance with section four hundred eighty-three-bb of the
29 social services law;
30 § 43. The executive law is amended by adding a new section 214-d to
31 read as follows:
32 § 214-d. Human trafficking awareness. The superintendent, in consulta-
33 tion with the office of temporary and disability assistance and the
34 division of criminal justice services, shall: (1) develop, maintain and
35 disseminate to all members of the state police, including new and veter-
36 an officers, written policies, procedures and educational materials
37 relating to human trafficking victims, including services available for
38 victims of human trafficking, as referenced in section four hundred
39 eighty-three-bb of the social services law; and (2) establish and imple-
40 ment written procedures and policies in the event a member of the divi-
41 sion of state police encounters an individual believed to be a victim of
42 human trafficking, which shall include, but not be limited to, the
43 provision of information and/or referral to an appropriate provider of
44 social and legal services to human trafficking victims, in accordance
45 with such section four hundred eighty-three-bb.
46 § 44. Severability clause. If any clause, sentence, paragraph, subdi-
47 vision, section or part of this act shall be adjudged by a court of
48 competent jurisdiction to be invalid, such judgment shall not affect,
49 impair or invalidate the remainder thereof, but shall be confined in its
50 operation to the clause, sentence, paragraph, subdivision, section or
51 part thereof directly involved in the controversy in which such judgment
52 shall have been rendered. It is hereby declared to be the intent of the
53 legislature that this act would have been enacted even if such invalid
54 provisions had not been included herein.
55 § 45. Notwithstanding the provisions of article 5 of the general
56 construction law, the provisions of section 483-ee of the social
A. 2240--D 17
1 services law, as added by chapter 74 of the laws of 2007, are hereby
2 revived and shall continue in full force and effect as such provisions
3 existed on August 31, 2013.
4 § 46. This act shall take effect on the ninetieth day after it shall
5 have become a law; provided however that sections thirty-three and
6 forty-five of this act shall take effect immediately.
