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A02953 Summary:

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A02953 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2953--A
                                                                Cal. No. 134
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 20, 2015
                                       ___________
 
        Introduced  by  M.  of A. LENTOL, HEASTIE, HEVESI, O'DONNELL, BENEDETTO,
          JAFFEE, OTIS, PEOPLES-STOKES, LINARES, STECK, BICHOTTE, MILLER -- read
          once and referred to the Committee on Codes --  advanced  to  a  third
          reading,  amended  and  ordered  reprinted, retaining its place on the
          order of third reading
 
        AN ACT to amend the penal law and the social services law,  in  relation
          to prostitution offenses and services to human trafficking victims
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 230.01 of the penal law, as added by chapter 368 of
     2  the laws of 2015, is amended to read as follows:
     3  § 230.01 Prostitution; affirmative defense.
     4    In any prosecution  under  section  230.00,  section  230.03,  section
     5  230.19,  section  230.20  or  subdivision  two of section 230.25 of this
     6  article or subdivision two of section 240.37 of  this  part,  it  is  an
     7  affirmative  defense  that  the defendant's participation in the offense
     8  was a result of having been a victim of  compelling  prostitution  under
     9  section 230.33, a victim of sex trafficking under section 230.34 of this
    10  article  or  a  victim  of  trafficking in persons under the trafficking
    11  victims protection act (United States Code, Title 22, Chapter 78).
    12    § 2.  Subdivision (a) of section 483-aa of the social services law, as
    13  added by chapter 74 of the laws of 2007, is amended and two new subdivi-
    14  sions (c) and (d) are added to read as follows:
    15    (a) "Human trafficking victim" means a person who is a victim  of  sex
    16  trafficking  as  defined in section 230.34 of the penal law, a victim of
    17  compelling prostitution as defined in section 230.33 of the  penal  law,
    18  or  a  victim  of  labor trafficking as defined in section 135.35 of the
    19  penal law.
    20    (c) "Short-term safe house" means a residential facility operated by a
    21  not-for-profit agency with experience in  providing  services  to  human
    22  trafficking  victims, that provides emergency shelter, services and care
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02074-03-6
        A. 2953--A                          2
 
     1  to human trafficking victims including food, shelter, clothing,  medical
     2  care,  counseling  and  appropriate  crisis  intervention  services  and
     3  promotes a safe living environment.
     4    (d)  "Long-term safe house" means a residential facility operated by a
     5  not-for-profit agency with experience in  providing  services  to  human
     6  trafficking victims, that provides shelter for human trafficking victims
     7  and  promotes  a  safe living environment. In addition, a long-term safe
     8  house shall provide or assist with securing necessary services for  such
     9  human trafficking victim either through direct provision of services, or
    10  through  written agreements with other community and public agencies for
    11  the provision of services including but not limited to housing,  assess-
    12  ment,  case management, medical care, legal, mental health and substance
    13  and alcohol abuse services.  Such  safe  house,  in  accordance  with  a
    14  service plan for such human trafficking victim, shall also provide coun-
    15  seling  and  therapeutic  services,  educational services including life
    16  skills services, job training and placement  and  planning  services  to
    17  successfully transition such person back into the community.
    18    § 3. Subdivisions (a) and (b) of section 483-bb of the social services
    19  law,  as  added by chapter 74 of the laws of 2007, is amended to read as
    20  follows:
    21    (a) The office of temporary  and  disability  assistance  [may]  shall
    22  coordinate  with and assist law enforcement agencies and district attor-
    23  ney's offices to  access  appropriate  services  for  human  trafficking
    24  victims.
    25    (b)  [In  providing  such assistance, the] The office of temporary and
    26  disability assistance  may  enter  into  contracts  with  non-government
    27  organizations for providing services to [pre-certified] victims of human
    28  trafficking  as defined in subdivision [(b)] (a) of section four hundred
    29  eighty-three-aa of this article, [insofar as  funds  are  available  for
    30  that  purpose]  subject  to  available  funds. Such services [may] shall
    31  include, but are not limited to, case  management,  emergency  temporary
    32  housing, health care, mental health counseling, drug addiction screening
    33  and treatment, language interpretation and translation services, English
    34  language  instruction,  job  training and placement assistance, post-em-
    35  ployment services for job retention, and services to assist the individ-
    36  ual and any of his or her family members to establish a permanent  resi-
    37  dence  in New York state or the United States.  Such services shall also
    38  include appropriate voluntary placement in a short-term and/or long-term
    39  safe house, as such terms are defined under subdivision (c)  or  (d)  of
    40  section  four  hundred  eighty-three-aa of this article.  Placement in a
    41  safe house shall be available from the initial point of contact  between
    42  the human trafficking victim and any of the following:  law enforcement;
    43  a  local social services district; or a social or legal services provid-
    44  er.  Nothing in this article shall prevent placement in a safe house  of
    45  a  human  trafficking victim who is:  (1) involved in a proceeding which
    46  has not reached final disposition, for the duration of such  proceeding;
    47  (2)  not  involved  in  a  pending proceeding; or (3) participating in a
    48  program for victims of domestic violence and has been  identified  as  a
    49  victim  of  human  trafficking.  Nothing in this [section] article shall
    50  preclude the office of temporary and disability assistance, or any local
    51  social services district, from providing human trafficking  victims  who
    52  are  United  States  citizens  or human trafficking victims who meet the
    53  criteria pursuant to section one hundred twenty-two of this chapter with
    54  any benefits or services for which they otherwise may be eligible.
    55    § 4. Section 483-cc of the social services law is amended by adding  a
    56  new subdivision (c) to read as follows:
        A. 2953--A                          3
 
     1    (c) Promptly upon an encounter with a person who reasonably appears to
     2  a  law  enforcement  agency  or district attorney's office to be a human
     3  trafficking victim, or a person who identifies himself or herself  as  a
     4  human trafficking victim, such law enforcement agency or district attor-
     5  ney's  office  shall  advise  such  person  of  the  availability of the
     6  services of specific, established providers of social and legal services
     7  to human trafficking victims. Unless, after receiving such  advice,  the
     8  apparent victim expresses that he or she does not wish the presence of a
     9  representative  of  such  an  established  provider  of  social or legal
    10  services, the law enforcement agency or district attorney's office shall
    11  contact the appropriate provider and request that  a  representative  be
    12  provided.  If  the  apparent victim does not wish the presence of such a
    13  representative, that expression by the apparent victim  shall  be  docu-
    14  mented  by  the  agency  or office official in writing or other recorded
    15  form. Nothing in this subdivision shall affect any obligation  such  law
    16  enforcement agency or district attorney's office may have to provide any
    17  information or assistance to such person.
    18    § 5. This act shall take effect immediately; provided that section one
    19  of  this  act  shall  apply to all cases pending on such effective date;
    20  provided, further, that sections two and three of this  act  shall  take
    21  effect  April  1, 2017; and provided, further, that section four of this
    22  act shall take effect on the ninetieth day after it shall have become  a
    23  law.