A06823 Summary:

BILL NOA06823C
 
SAME ASSAME AS S05988-B
 
SPONSORPaulin
 
COSPNSRDinowitz, Barrett, Blake, Colton, Gunther, Palmesano, Jaffee, Mosley, Joyner, Sepulveda, Hunter, Rosenthal L, Jean-Pierre, Simon, Braunstein, Weprin, Lavine, Montesano, D'Urso, De La Rosa, Barron, Englebright, Gottfried, Walker, Pichardo, Hooper, Steck, Ortiz, Abinanti, Bichotte, Stirpe, Cook, Lupardo, Thiele, Rivera, Wright, Vanel, Rosenthal D, Wallace, Magnarelli, Zebrowski, Galef, Rodriguez, Morinello, Brindisi, Seawright, Skoufis, Titone, Abbate, Taylor, Jenne, Williams, Titus, Fahy, Dickens, Arroyo, Simotas, Pellegrino, Perry, Ra, Niou, Curran, Carroll, Woerner, Otis, Fernandez, Epstein, Peoples-Stokes, Hyndman, Errigo, Raia, Pretlow, Barnwell, Bohen, Solages, Buchwald
 
MLTSPNSRCrespo, Lentol, Miller ML
 
Amd 70.02, 460.10, 130.91, 120.70 & 230.01, add 230.34-a, Pen L; amd 168-a, Cor L; amd 700.05, 440.10 & 420.35, CP L; amd 447-a & 483-bb, Soc Serv L; amd 509-cc & 510-d, V & T L; amd 3-118, 9-131 & 14-154, NYC Ad Cd; amd 1012, Fam Ct Act; amd 10.03, Ment Hyg L; amd 2324-a, Pub Health L; amd 621 & 631, Exec L; amd 410, Gen Bus L
 
Establishes the crime of sex trafficking of a child; intentionally advances or profits from prostitution of another where such person is a child less than eighteen years old.
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A06823 Actions:

BILL NOA06823C
 
03/21/2017referred to codes
05/10/2017amend and recommit to codes
05/10/2017print number 6823a
01/03/2018referred to codes
01/05/2018amend and recommit to codes
01/05/2018print number 6823b
06/05/2018amend (t) and recommit to codes
06/05/2018print number 6823c
06/11/2018reported referred to rules
06/13/2018reported
06/13/2018rules report cal.156
06/13/2018ordered to third reading rules cal.156
06/13/2018passed assembly
06/13/2018delivered to senate
06/13/2018REFERRED TO RULES
06/13/2018SUBSTITUTED FOR S5988B
06/13/20183RD READING CAL.1065
06/13/2018PASSED SENATE
06/13/2018RETURNED TO ASSEMBLY
08/13/2018delivered to governor
08/15/2018signed chap.189
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A06823 Committee Votes:

CODES Chair:Lentol DATE:06/11/2018AYE/NAY:20/0 Action: Favorable refer to committee Rules
LentolAyeCurranAye
SchimmingerAyeGiglioAye
PretlowAyeMontesanoAye
CookAyeMorinelloAye
CymbrowitzAyePalumboAye
TitusAyeGarbarinoAye
O'DonnellExcused
LavineAye
PerryAye
ZebrowskiExcused
AbinantiAye
WeprinAye
MosleyAye
HevesiAye
FahyAye
SeawrightAye

RULES Chair:Heastie DATE:06/13/2018AYE/NAY:29/0 Action: Favorable
HeastieAyeKolbAye
GottfriedAyeOaksAye
LentolAyeButlerAye
GanttExcusedCrouchAye
NolanAyeFinchAye
WeinsteinAyeBarclayAye
HooperExcusedRaiaAye
OrtizAyeHawleyAye
PretlowAye
CookAye
GlickAye
MorelleAye
AubryAye
EnglebrightAye
DinowitzAye
ColtonAye
MagnarelliAye
PerryAye
GalefAye
PaulinAye
TitusAye
Peoples-StokesAye
BenedettoAye

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A06823 Floor Votes:

DATE:06/13/2018Assembly Vote  YEA/NAY: 137/0
AbbateYCookYGarbarinoYLupardoYPellegrinoYStecY
AbinantiYCrespoERGiglioYMageeYPeoples-StokesYSteckY
ArroyoERCrouchYGlickYMagnarelliYPerryYSternY
AshbyYCurranYGoodellYMalliotakisYPheffer AmatoYStirpeY
AubryYCusickYGottfriedYMcDonaldYPichardoERTagueY
BarclayYCymbrowitzYGuntherYMcDonoughYPretlowYTaylorY
BarnwellYDavilaYHawleyYMikulinYQuartYThieleY
BarrettYDe La RosaYHevesiERMill B YRaYTitoneY
BarronYDenDekkerYHikindYMill MGYRaiaYTitusY
BenedettoYDickensYHooperYMill MLYRamosYVanelER
BichotteYDilanYHunterYMontesanoYRichardsonYWalkerY
BlakeERDinowitzYHyndmanYMorelleYRiveraYWallaceY
BlankenbushYDiPietroYJaffeeYMorinelloYRodriguezERWalshY
BohenYD'UrsoYJean-PierreYMosleyYRose D YWalterY
BrabenecYEnglebrightYJenneYMurrayYRose L YWeinsteinY
BraunsteinYEpsteinYJohnsYNiouYRozicYWeprinY
BrindisiYErrigoYJonesYNolanYRyanYWilliamsY
BronsonYEspinalYJoynerYNorrisYSantabarbaraYWoernerY
BuchwaldYFahyYKimYOaksYSchimmingerYWrightY
ButlerYFernandezYKolbYO'DonnellYSeawrightYZebrowskiY
ByrneYFinchYLalorEROrtizYSimonYMr SpkrY
CahillYFitzpatrickYLavineYOtisYSimotasY
CarrollYFriendYLawrenceYPalmesanoYSkoufisY
CastorinaYGalefYLentolYPalumboYSmithY
ColtonYGanttERLiftonYPaulinYSolagesY

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A06823 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6823--C
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 21, 2017
                                       ___________
 
        Introduced  by  M.  of  A.  PAULIN,  DINOWITZ,  BARRETT,  BLAKE, COLTON,
          GUNTHER, PALMESANO,  JAFFEE,  MOSLEY,  JOYNER,  HUNTER,  L. ROSENTHAL,
          JEAN-PIERRE,  SIMON,  BRAUNSTEIN,  WEPRIN,  LAVINE, MONTESANO, D'URSO,
          DE LA ROSA, BARRON, ENGLEBRIGHT, GOTTFRIED, WALKER, PICHARDO,  HOOPER,
          STECK,  ORTIZ,  ABINANTI,  BICHOTTE,  STIRPE,  COOK,  LUPARDO, THIELE,
          RIVERA, WRIGHT, VANEL, D. ROSENTHAL, WALLACE,  MAGNARELLI,  ZEBROWSKI,
          GALEF,  RODRIGUEZ,  MORINELLO,  BRINDISI,  SEAWRIGHT, SKOUFIS, TITONE,
          ABBATE, TAYLOR, JENNE, WILLIAMS, TITUS, FAHY, DICKENS,  ARROYO,  SIMO-
          TAS,  PELLEGRINO,  PERRY,  RA,  NIOU,  CURRAN, CARROLL, WOERNER, OTIS,
          FERNANDEZ, EPSTEIN, PEOPLES-STOKES, HYNDMAN,  ERRIGO,  RAIA,  PRETLOW,
          BARNWELL  --  Multi-Sponsored  by  -- M. of A. CRESPO -- read once and
          referred to the Committee  on  Codes  --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee -- recommitted to the Committee on Codes in accordance with Assem-
          bly 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, in relation to establishing the crime of
          sex trafficking of a child and in relation to promoting  prostitution;
          to  amend  the  penal  law, the correction law, the criminal procedure
          law, the social services law, the vehicle and traffic law, the  admin-
          istrative  code  of  the  city  of New York, the family court act, the
          mental hygiene law, the public health law, the executive law, and  the
          general  business  law,  in  relation  to making technical corrections
          concerning sex trafficking of a child and promoting prostitution
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The penal law is amended by adding a new section 230.34-a
     2  to read as follows:
     3  § 230.34-a Sex trafficking of a child.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09066-14-8

        A. 6823--C                          2
 
     1    1. A person is guilty of sex trafficking of a child when  he  or  she,
     2  being  twenty-one  years  old or more, intentionally advances or profits
     3  from prostitution of another person and such person is a child less than
     4  eighteen years old. Knowledge by the defendant of the age of such  child
     5  is  not  an  element of this offense and it is not a defense to a prose-
     6  cution therefor that the defendant did not know the age of the child  or
     7  believed such age to be eighteen or over.
     8    2. For purposes of this section:
     9    (a)  A  person  "advances  prostitution"  when, acting other than as a
    10  person in prostitution or as a patron thereof, and with intent to  cause
    11  prostitution,  he or she directly engages in conduct that facilitates an
    12  act or enterprise of prostitution.
    13    (b) A person "profits from prostitution" when, acting other than as  a
    14  person  in  prostitution  receiving compensation for personally rendered
    15  prostitution services, and with intent to facilitate prostitution, he or
    16  she accepts or receives money or other property pursuant to an agreement
    17  or understanding with any person whereby he or she participates  in  the
    18  proceeds of prostitution activity.
    19    Sex trafficking of a child is a class B felony.
    20    § 2. Section 230.01 of the penal law, as amended by chapter 368 of the
    21  laws of 2015, is amended to read as follows:
    22  § 230.01 Prostitution; affirmative defense.
    23    In  any  prosecution  under  section  230.00,  section 230.03, section
    24  230.19, 230.20, subdivision  2  of  section  230.25,  subdivision  2  of
    25  section 230.30, section 230.34-a or subdivision two of section 240.37 of
    26  this  part,  it  is  an affirmative defense that the defendant's partic-
    27  ipation in the offense was a result of having been a victim  of  compel-
    28  ling  prostitution  under  section  230.33,  a victim of sex trafficking
    29  under section 230.34 of this article, a victim of sex trafficking  of  a
    30  child  under section 230.34-a of this article or a victim of trafficking
    31  in persons under the trafficking victims protection act  (United  States
    32  Code, Title 22, Chapter 78).
    33    § 3. Paragraph (a) of subdivision 1 of section 70.02 of the penal law,
    34  as  amended  by  chapter  368 of the laws of 2015, is amended to read as
    35  follows:
    36    (a) Class B violent felony offenses: an attempt to  commit  the  class
    37  A-I  felonies  of  murder  in  the  second  degree as defined in section
    38  125.25, kidnapping in the first degree as defined in section 135.25, and
    39  arson in the first degree as defined in section 150.20; manslaughter  in
    40  the  first  degree as defined in section 125.20, aggravated manslaughter
    41  in the first degree as defined in section  125.22,  rape  in  the  first
    42  degree  as  defined  in section 130.35, criminal sexual act in the first
    43  degree as defined in section 130.50,  aggravated  sexual  abuse  in  the
    44  first  degree  as  defined  in  section 130.70, course of sexual conduct
    45  against a child in the  first  degree  as  defined  in  section  130.75;
    46  assault  in the first degree as defined in section 120.10, kidnapping in
    47  the second degree as defined in section 135.20, burglary  in  the  first
    48  degree  as  defined  in  section  140.30,  arson in the second degree as
    49  defined in section 150.15, robbery in the first  degree  as  defined  in
    50  section  160.15, sex trafficking as defined in paragraphs (a) and (b) of
    51  subdivision five of section  230.34,  sex  trafficking  of  a  child  as
    52  defined  in  section  230.34-a, incest in the first degree as defined in
    53  section 255.27, criminal possession of a weapon in the first  degree  as
    54  defined in section 265.04, criminal use of a firearm in the first degree
    55  as  defined  in  section 265.09, criminal sale of a firearm in the first
    56  degree as defined in section 265.13, aggravated assault  upon  a  police

        A. 6823--C                          3
 
     1  officer or a peace officer as defined in section 120.11, gang assault in
     2  the  first degree as defined in section 120.07, intimidating a victim or
     3  witness in the first degree as  defined  in  section  215.17,  hindering
     4  prosecution  of  terrorism  in  the  first  degree as defined in section
     5  490.35, criminal possession of a chemical weapon or biological weapon in
     6  the second degree as defined in section 490.40, and criminal  use  of  a
     7  chemical  weapon  or biological weapon in the third degree as defined in
     8  section 490.47.
     9    § 4. Paragraph (a) of subdivision 1 of section  460.10  of  the  penal
    10  law,  as  amended by chapter 368 of the laws of 2015, is amended to read
    11  as follows:
    12    (a) Any of the felonies set forth in this  chapter:  sections  120.05,
    13  120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat-
    14  ing  to  strangulation;  sections 125.10 to 125.27 relating to homicide;
    15  sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and
    16  135.25 relating to kidnapping; sections 135.35 and  135.37  relating  to
    17  labor trafficking; section 135.65 relating to coercion; sections 140.20,
    18  140.25  and  140.30  relating  to  burglary; sections 145.05, 145.10 and
    19  145.12 relating to criminal mischief; article one hundred fifty relating
    20  to arson; sections 155.30, 155.35, 155.40 and 155.42 relating  to  grand
    21  larceny;  sections  177.10, 177.15, 177.20 and 177.25 relating to health
    22  care fraud; article one hundred  sixty  relating  to  robbery;  sections
    23  165.45,  165.50,  165.52  and  165.54 relating to criminal possession of
    24  stolen property; sections 165.72 and 165.73 relating to trademark  coun-
    25  terfeiting;  sections 170.10, 170.15, 170.25, 170.30, 170.40, 170.65 and
    26  170.70 relating to forgery; sections 175.10, 175.25, 175.35, 175.40  and
    27  210.40 relating to false statements; sections 176.15, 176.20, 176.25 and
    28  176.30  relating to insurance fraud; sections 178.20 and 178.25 relating
    29  to criminal diversion of  prescription  medications  and  prescriptions;
    30  sections 180.03, 180.08, 180.15, 180.25, 180.40, 180.45, 200.00, 200.03,
    31  200.04,  200.10, 200.11, 200.12, 200.20, 200.22, 200.25, 200.27, 200.56,
    32  215.00, 215.05 and 215.19; sections 187.10, 187.15,  187.20  and  187.25
    33  relating  to  residential  mortgage  fraud,  sections  190.40 and 190.42
    34  relating to criminal  usury;  section  190.65  relating  to  schemes  to
    35  defraud; any felony defined in article four hundred ninety-six; sections
    36  205.60  and  205.65  relating to hindering prosecution; sections 210.10,
    37  210.15, and 215.51 relating to  perjury  and  contempt;  section  215.40
    38  relating  to  tampering with physical evidence; sections 220.06, 220.09,
    39  220.16, 220.18, 220.21, 220.31, 220.34, 220.39, 220.41, 220.43,  220.46,
    40  220.55,  220.60,  220.65  and  220.77 relating to controlled substances;
    41  sections 225.10  and  225.20  relating  to  gambling;  sections  230.25,
    42  230.30,  and  230.32  relating to promoting prostitution; section 230.34
    43  relating to sex trafficking; section 230.34-a relating to sex  traffick-
    44  ing  of  a child; sections 235.06, 235.07, 235.21 and 235.22 relating to
    45  obscenity; sections 263.10 and 263.15 relating  to  promoting  a  sexual
    46  performance by a child; sections 265.02, 265.03, 265.04, 265.11, 265.12,
    47  265.13  and  the  provisions of section 265.10 which constitute a felony
    48  relating to firearms and other dangerous weapons;  sections  265.14  and
    49  265.16  relating  to criminal sale of a firearm; section 275.10, 275.20,
    50  275.30, or 275.40 relating  to  unauthorized  recordings;  and  sections
    51  470.05, 470.10, 470.15 and 470.20 relating to money laundering; or
    52    §  5.  Subdivision 2 of section 130.91 of the penal law, as amended by
    53  chapter 405 of the laws of 2010, is amended to read as follows:
    54    2. A "specified offense" is a felony offense defined  by  any  of  the
    55  following  provisions  of  this chapter: assault in the second degree as
    56  defined in section 120.05, assault in the first  degree  as  defined  in

        A. 6823--C                          4
 
     1  section  120.10, gang assault in the second degree as defined in section
     2  120.06, gang assault in the first degree as defined in  section  120.07,
     3  stalking in the first degree as defined in section 120.60, strangulation
     4  in  the second degree as defined in section 121.12, strangulation in the
     5  first degree as defined in section 121.13, manslaughter  in  the  second
     6  degree  as defined in subdivision one of section 125.15, manslaughter in
     7  the first degree as defined in section  125.20,  murder  in  the  second
     8  degree  as  defined  in  section 125.25, aggravated murder as defined in
     9  section 125.26, murder in the first degree as defined in section 125.27,
    10  kidnapping in the second degree as defined in section 135.20, kidnapping
    11  in the first degree as defined in section 135.25, burglary in the  third
    12  degree  as  defined  in section 140.20, burglary in the second degree as
    13  defined in section 140.25, burglary in the first degree  as  defined  in
    14  section 140.30, arson in the second degree as defined in section 150.15,
    15  arson  in  the first degree as defined in section 150.20, robbery in the
    16  third degree as defined in section 160.05, robbery in the second  degree
    17  as  defined in section 160.10, robbery in the first degree as defined in
    18  section 160.15, promoting prostitution in the second degree  as  defined
    19  in section 230.30, promoting prostitution in the first degree as defined
    20  in section 230.32, compelling prostitution as defined in section 230.33,
    21  sex trafficking of a child as defined in section 230.34-a, disseminating
    22  indecent  material  to  minors in the first degree as defined in section
    23  235.22, use of a child in a sexual performance  as  defined  in  section
    24  263.05, promoting an obscene sexual performance by a child as defined in
    25  section  263.10, promoting a sexual performance by a child as defined in
    26  section 263.15, or any felony attempt or conspiracy to commit any of the
    27  foregoing offenses.
    28    § 6. Subdivision 1 of section 120.70 of the penal  law,  as  added  by
    29  chapter 405 of the laws of 2008, is amended to read as follows:
    30    1.  A  person is guilty of luring a child when he or she lures a child
    31  into a motor vehicle, aircraft, watercraft, isolated area, building,  or
    32  part  thereof,  for  the purpose of committing against such child any of
    33  the following offenses: an offense as defined in section 70.02  of  this
    34  chapter; an offense as defined in section 125.25 or 125.27 of this chap-
    35  ter;  a felony offense that is a violation of article one hundred thirty
    36  of this chapter; an offense as defined in section 135.25 of  this  chap-
    37  ter;  an  offense  as defined in sections 230.30, 230.33 [or], 230.34 or
    38  230.34-a of this chapter; an offense  as  defined  in  sections  255.25,
    39  255.26,  or 255.27 of this chapter; or an offense as defined in sections
    40  263.05, 263.10, or 263.15 of this chapter. For purposes of this subdivi-
    41  sion "child" means a person less than seventeen years of age. Nothing in
    42  this section shall be deemed to preclude, if the  evidence  warrants,  a
    43  conviction  for  the  commission  or  attempted commission of any crime,
    44  including but not limited to a crime  defined  in  article  one  hundred
    45  thirty-five of this chapter.
    46    §  7.  Subparagraph  (i)  of paragraph (a) of subdivision 2 of section
    47  168-a of the correction law, as amended by chapter 368 of  the  laws  of
    48  2015, is amended to read as follows:
    49    (i)  a  conviction  of or a conviction for an attempt to commit any of
    50  the provisions of  sections  120.70,  130.20,  130.25,  130.30,  130.40,
    51  130.45,  130.60,  230.34, 230.34-a, 250.50, 255.25, 255.26 and 255.27 or
    52  article two hundred sixty-three of the penal  law,  or  section  135.05,
    53  135.10,  135.20  or  135.25 of such law relating to kidnapping offenses,
    54  provided the victim of such kidnapping or related offense is  less  than
    55  seventeen years old and the offender is not the parent of the victim, or
    56  section  230.04, where the person patronized is in fact less than seven-

        A. 6823--C                          5
 
     1  teen years of age, 230.05, 230.06, 230.11, 230.12,  230.13,  subdivision
     2  two  of  section  230.30, section 230.32, 230.33, or 230.34 of the penal
     3  law, or section 230.25 of the penal law where the person prostituted  is
     4  in fact less than seventeen years old, or
     5    §  8. Paragraph (b) of subdivision 8 of section 700.05 of the criminal
     6  procedure law, as amended by chapter 368 of the laws of 2015, is amended
     7  to read as follows:
     8    (b) Any of the following felonies: assault in  the  second  degree  as
     9  defined  in section 120.05 of the penal law, assault in the first degree
    10  as defined in section 120.10 of the penal law, reckless endangerment  in
    11  the  first degree as defined in section 120.25 of the penal law, promot-
    12  ing a suicide attempt as defined in section 120.30  of  the  penal  law,
    13  strangulation  in  the second degree as defined in section 121.12 of the
    14  penal law, strangulation in the  first  degree  as  defined  in  section
    15  121.13  of  the  penal  law, criminally negligent homicide as defined in
    16  section 125.10 of the penal law, manslaughter in the  second  degree  as
    17  defined  in  section  125.15 of the penal law, manslaughter in the first
    18  degree as defined in section 125.20 of the  penal  law,  murder  in  the
    19  second  degree  as defined in section 125.25 of the penal law, murder in
    20  the first degree as defined in section 125.27 of the penal law, abortion
    21  in the second degree as defined in section  125.40  of  the  penal  law,
    22  abortion  in  the first degree as defined in section 125.45 of the penal
    23  law, rape in the third degree as defined in section 130.25 of the  penal
    24  law, rape in the second degree as defined in section 130.30 of the penal
    25  law,  rape in the first degree as defined in section 130.35 of the penal
    26  law, criminal sexual act in the  third  degree  as  defined  in  section
    27  130.40  of  the  penal  law, criminal sexual act in the second degree as
    28  defined in section 130.45 of the penal law, criminal sexual act  in  the
    29  first degree as defined in section 130.50 of the penal law, sexual abuse
    30  in  the  first  degree  as  defined  in section 130.65 of the penal law,
    31  unlawful imprisonment in the first degree as defined in  section  135.10
    32  of  the penal law, kidnapping in the second degree as defined in section
    33  135.20 of the penal law, kidnapping in the first degree  as  defined  in
    34  section 135.25 of the penal law, labor trafficking as defined in section
    35  135.35  of  the  penal  law,  aggravated labor trafficking as defined in
    36  section 135.37 of the penal law, custodial  interference  in  the  first
    37  degree  as  defined  in section 135.50 of the penal law, coercion in the
    38  first degree as defined in section 135.65 of  the  penal  law,  criminal
    39  trespass  in  the first degree as defined in section 140.17 of the penal
    40  law, burglary in the third degree as defined in section  140.20  of  the
    41  penal law, burglary in the second degree as defined in section 140.25 of
    42  the penal law, burglary in the first degree as defined in section 140.30
    43  of  the  penal  law, criminal mischief in the third degree as defined in
    44  section 145.05 of the penal law, criminal mischief in the second  degree
    45  as  defined in section 145.10 of the penal law, criminal mischief in the
    46  first degree as defined in section 145.12 of  the  penal  law,  criminal
    47  tampering  in the first degree as defined in section 145.20 of the penal
    48  law, arson in the fourth degree as defined  in  section  150.05  of  the
    49  penal law, arson in the third degree as defined in section 150.10 of the
    50  penal  law,  arson  in the second degree as defined in section 150.15 of
    51  the penal law, arson in the first degree as defined in section 150.20 of
    52  the penal law, grand larceny in the fourth degree as defined in  section
    53  155.30 of the penal law, grand larceny in the third degree as defined in
    54  section  155.35  of the penal law, grand larceny in the second degree as
    55  defined in section 155.40 of the penal law, grand larceny in  the  first
    56  degree  as defined in section 155.42 of the penal law, health care fraud

        A. 6823--C                          6
 
     1  in the fourth degree as defined in section  177.10  of  the  penal  law,
     2  health  care  fraud  in the third degree as defined in section 177.15 of
     3  the penal law, health care fraud in the  second  degree  as  defined  in
     4  section  177.20  of the penal law, health care fraud in the first degree
     5  as defined in section 177.25 of the penal  law,  robbery  in  the  third
     6  degree  as  defined  in  section 160.05 of the penal law, robbery in the
     7  second degree as defined in section 160.10 of the penal law, robbery  in
     8  the first degree as defined in section 160.15 of the penal law, unlawful
     9  use  of  secret  scientific material as defined in section 165.07 of the
    10  penal law, criminal possession of stolen property in the  fourth  degree
    11  as  defined  in  section 165.45 of the penal law, criminal possession of
    12  stolen property in the third degree as defined in section 165.50 of  the
    13  penal  law,  criminal possession of stolen property in the second degree
    14  as defined by section 165.52 of the penal law,  criminal  possession  of
    15  stolen  property in the first degree as defined by section 165.54 of the
    16  penal law, trademark counterfeiting in the second degree as  defined  in
    17  section  165.72  of the penal law, trademark counterfeiting in the first
    18  degree as defined in section 165.73 of the penal  law,  forgery  in  the
    19  second  degree as defined in section 170.10 of the penal law, forgery in
    20  the first degree as defined in section 170.15 of the penal law, criminal
    21  possession of a forged instrument in the second  degree  as  defined  in
    22  section 170.25 of the penal law, criminal possession of a forged instru-
    23  ment  in the first degree as defined in section 170.30 of the penal law,
    24  criminal possession of forgery devices as defined in section  170.40  of
    25  the  penal  law,  falsifying  business  records  in  the first degree as
    26  defined in section 175.10  of  the  penal  law,  tampering  with  public
    27  records  in  the  first degree as defined in section 175.25 of the penal
    28  law, offering a false instrument for  filing  in  the  first  degree  as
    29  defined  in section 175.35 of the penal law, issuing a false certificate
    30  as defined in section 175.40 of the penal  law,  criminal  diversion  of
    31  prescription  medications  and  prescriptions  in  the  second degree as
    32  defined in section 178.20  of  the  penal  law,  criminal  diversion  of
    33  prescription  medications  and  prescriptions  in  the  first  degree as
    34  defined in section 178.25 of the penal law, residential  mortgage  fraud
    35  in  the  fourth  degree  as  defined in section 187.10 of the penal law,
    36  residential mortgage fraud in the third degree  as  defined  in  section
    37  187.15 of the penal law, residential mortgage fraud in the second degree
    38  as  defined  in  section  187.20  of the penal law, residential mortgage
    39  fraud in the first degree as defined in section 187.25 of the penal law,
    40  escape in the second degree as defined in section 205.10  of  the  penal
    41  law,  escape  in  the  first  degree as defined in section 205.15 of the
    42  penal law, absconding from temporary release  in  the  first  degree  as
    43  defined  in section 205.17 of the penal law, promoting prison contraband
    44  in the first degree as defined in  section  205.25  of  the  penal  law,
    45  hindering  prosecution in the second degree as defined in section 205.60
    46  of the penal law, hindering prosecution in the first degree  as  defined
    47  in  section  205.65  of  the  penal  law,  sex trafficking as defined in
    48  section 230.34 of the penal law, sex trafficking of a child  as  defined
    49  in section 230.34-a of the penal law, criminal possession of a weapon in
    50  the  third  degree  as  defined  in  subdivisions two, three and five of
    51  section 265.02 of the penal law, criminal possession of a weapon in  the
    52  second  degree  as  defined in section 265.03 of the penal law, criminal
    53  possession of a weapon in the first degree as defined in section  265.04
    54  of  the penal law, manufacture, transport, disposition and defacement of
    55  weapons and dangerous instruments and appliances defined as felonies  in
    56  subdivisions  one,  two,  and  three of section 265.10 of the penal law,

        A. 6823--C                          7

     1  sections 265.11, 265.12 and 265.13 of the penal law, or  prohibited  use
     2  of  weapons as defined in subdivision two of section 265.35 of the penal
     3  law, relating to firearms and other dangerous  weapons,  or  failure  to
     4  disclose  the  origin  of  a recording in the first degree as defined in
     5  section 275.40 of the penal law;
     6    § 9. Paragraph (i) of subdivision 1 of section 440.10 of the  criminal
     7  procedure law, as amended by chapter 368 of the laws of 2015, is amended
     8  to read as follows:
     9    (i)  The judgment is a conviction where the arresting charge was under
    10  section 240.37 (loitering for the purpose of engaging in a  prostitution
    11  offense, provided that the defendant was not alleged to be loitering for
    12  the  purpose of patronizing a person for prostitution or promoting pros-
    13  titution) or 230.00 (prostitution) or 230.03 (prostitution in  a  school
    14  zone) of the penal law, and the defendant's participation in the offense
    15  was  a  result  of having been a victim of sex trafficking under section
    16  230.34 of the penal law,  sex  trafficking  of  a  child  under  section
    17  230.34-a of the penal law, labor trafficking under section 135.35 of the
    18  penal  law,  aggravated  labor  trafficking  under section 135.37 of the
    19  penal law, compelling prostitution under section  230.33  of  the  penal
    20  law,  or trafficking in persons under the Trafficking Victims Protection
    21  Act (United States Code, title 22, chapter 78); provided that
    22    § 10. Subdivision 2 of section 420.35 of the criminal  procedure  law,
    23  as  amended  by  chapter  426 of the laws of 2015, is amended to read as
    24  follows:
    25    2. Under no circumstances shall the mandatory surcharge, sex  offender
    26  registration fee, DNA databank fee or the crime victim assistance fee be
    27  waived  provided,  however,  that  a  court  may  waive the crime victim
    28  assistance fee if such defendant is an  eligible  youth  as  defined  in
    29  subdivision two of section 720.10 of this chapter, and the imposition of
    30  such  fee  would  work an unreasonable hardship on the defendant, his or
    31  her immediate family, or any other  person  who  is  dependent  on  such
    32  defendant  for  financial  support.  A  court  shall waive any mandatory
    33  surcharge, DNA databank fee and crime victim assistance  fee  when:  (i)
    34  the  defendant  is convicted of loitering for the purpose of engaging in
    35  prostitution under section 240.37 of the penal law  (provided  that  the
    36  defendant  was not convicted of loitering for the purpose of patronizing
    37  a person for prostitution); (ii) the defendant is convicted of prostitu-
    38  tion under section 230.00 of the  penal  law;  (iii)  the  defendant  is
    39  convicted  of  a  violation in the event such conviction is in lieu of a
    40  plea to or conviction for loitering for the purpose of engaging in pros-
    41  titution under section 240.37  of  the  penal  law  (provided  that  the
    42  defendant was not alleged to be loitering for the purpose of patronizing
    43  a  person  for prostitution) or prostitution under section 230.00 of the
    44  penal law; or (iv) the court finds that a defendant is a victim  of  sex
    45  trafficking  under  section 230.34 of the penal law or a victim of traf-
    46  ficking in persons under the trafficking victims protection act  (United
    47  States  Code,  Title  22,  Chapter  78); or (v) the court finds that the
    48  defendant is a victim of  sex  trafficking  of  a  child  under  section
    49  230.34-a of the penal law.
    50    §  11.  Subdivision  1 of section 447-a of the social services law, as
    51  amended by section 1 of part G of chapter 58 of the  laws  of  2010,  is
    52  amended to read as follows:
    53    1.  The term "sexually exploited child" means any person under the age
    54  of eighteen who has been subject to sexual exploitation  because  he  or
    55  she:

        A. 6823--C                          8
 
     1    (a)  is  the  victim  of  the  crime  of sex trafficking as defined in
     2  section 230.34 of the penal law or the crime of  sex  trafficking  of  a
     3  child as defined in section 230.34-a of the penal law;
     4    (b) engages in any act as defined in section 230.00 of the penal law;
     5    (c)  is a victim of the crime of compelling prostitution as defined in
     6  section 230.33 of the penal law;
     7    (d) engages in acts  or  conduct  described  in  article  two  hundred
     8  sixty-three or section 240.37 of the penal law.
     9    § 12. Subdivision (c) of section 483-bb of the social services law, as
    10  added by chapter 368 of the laws of 2015, is amended to read as follows:
    11    (c) An individual who is a victim of the conduct prohibited by section
    12  230.33,  230.34, 230.34-a, 135.35 or 135.37 of the penal law may bring a
    13  civil action against the perpetrator or whoever  knowingly  advances  or
    14  profits  from,  or  whoever should have known he or she was advancing or
    15  profiting from, an act in violation of section 230.33, 230.34, 230.34-a,
    16  135.35 or 135.37 of the penal law  to  recover  damages  and  reasonable
    17  attorney's fees.
    18    §  13. Paragraph (a) of subdivision 4 of section 509-cc of the vehicle
    19  and traffic law, as amended by chapter 400  of  the  laws  of  2011,  is
    20  amended to read as follows:
    21    (a)  The offenses referred to in subparagraph (ii) of paragraph (a) of
    22  subdivision one and paragraph (a) of subdivision  two  of  this  section
    23  that  result  in  permanent  disqualification shall include a conviction
    24  under sections 125.12, 125.13, 125.14, 125.15, 125.20,  125.21,  125.22,
    25  125.25,  125.26, 125.27, 130.30, 130.35, 130.45, 130.50, 130.65, 130.66,
    26  130.67, 130.70, 130.75, 130.80, 130.90, 130.95, 130.96, 135.25,  150.20,
    27  230.30,  230.32,  230.34,  230.34-a,  235.22,  263.05,  263.10,  263.11,
    28  263.15, 263.16 of the penal law or an attempt to commit any of the afor-
    29  esaid offenses under section 110.00 of the penal law,  or  any  offenses
    30  committed under a former section of the penal law which would constitute
    31  violations  of  the aforesaid sections of the penal law, or any offenses
    32  committed outside this state which would constitute  violations  of  the
    33  aforesaid sections of the penal law.
    34    § 14. Subdivisions 1 and 2 of section 510-d of the vehicle and traffic
    35  law, as added by chapter 368 of the laws of 2015, are amended to read as
    36  follows:
    37    1.  A  class E driver's license shall be suspended by the commissioner
    38  for a period of one year where the holder is convicted of a violation of
    39  section 230.20, 230.25, 230.30, 230.32, 230.34, 230.34-a  or  230.40  of
    40  the  penal  law  and  the holder used a for hire motor vehicle to commit
    41  such crime.
    42    2. A class E driver's license may be revoked by the commissioner  when
    43  the holder, who had his or her driver's license suspended under subdivi-
    44  sion  one  of  this section within the last ten years, is convicted of a
    45  second violation of section  230.20,  230.25,  230.30,  230.32,  230.34,
    46  230.34-a or 230.40 of the penal law and the holder used a for hire motor
    47  vehicle to commit such crime.
    48    § 15. Subdivision a of section 3-118 of the administrative code of the
    49  city  of  New  York,  as added by local law number 39 of the city of New
    50  York for the year 2016, is amended to read as follows:
    51    a. For the purposes of this section,  the  following  terms  have  the
    52  following meanings:
    53    Homeless  youth. The term "homeless youth" means persons under the age
    54  of 21 who are in need of services and are without  a  place  of  shelter
    55  where supervision and care are available.

        A. 6823--C                          9
 
     1    Runaway youth. The term "runaway youth" means persons under the age of
     2  18  years  who are absent from their legal residence without the consent
     3  of their parent, legal guardian or custodian.
     4    Sexually  exploited  youth.  The term "sexually exploited youth" means
     5  persons under the age of 18 who have been subject to sexual exploitation
     6  because they (a) are the victim of  the  crime  of  sex  trafficking  as
     7  defined  in  section  230.34  of the penal law; (b) engage in any act as
     8  defined in section 230.00 of the penal law; (c)  are  a  victim  of  the
     9  crime  of  compelling  prostitution  as defined in section 230.33 of the
    10  penal law; (d) are a victim of the crime of sex trafficking of  a  child
    11  as  defined in section 230.34-a of the penal law; or [(d)] (e) engage in
    12  acts or conduct described in article 263 or section 240.37 of the  penal
    13  law.  The term shall also mean persons under the age of 18 who have been
    14  subject to incest in the third degree, second degree or first degree, as
    15  defined in sections 255.25, 255.26, and 255.27 of the penal law, respec-
    16  tively, or any of the sex offenses enumerated  in  article  130  of  the
    17  penal law.
    18    §  16. Subparagraph i of paragraph 7 of subdivision a of section 9-131
    19  of the administrative code of the city of New York, as  added  by  local
    20  law  number  58 of the city of New York for the year 2014, is amended to
    21  read as follows:
    22    i. a felony defined in any of the following sections of the penal law:
    23  120.01, 120.02, 120.03, 120.04,  120.04-a(4),  120.05,  120.06,  120.07,
    24  120.08,  120.09, 120.10, 120.11, 120.12, 120.13, 120.18, 120.25, 120.55,
    25  120.60, 120.70, 121.12, 121.13, 125.10, 125.11, 125.12, 125.13,  125.14,
    26  125.15,  125.20, 125.21, 125.22, 125.25, 125.26, 125.27, 125.40, 125.45,
    27  130.25,  130.30,  130.35,  130.40,  130.45,  130.50,   130.53,   130.65,
    28  130.65-a,  130.66,  130.67,  130.70,  130.75,  130.80,  130.85,  130.90,
    29  130.95, 130.96, 135.10, 135.20, 135.25,  135.35,  135.50,  135.65(2)(b),
    30  140.17,  140.25, 140.30, 145.12, 150.05, 150.10, 150.15, 150.20, 160.05,
    31  160.10, 160.15, 195.07, 195.08, 195.17, 215.11, 215.12, 215.13,  215.15,
    32  215.16,  215.17, 215.51, 215.52, 220.18, 220.21, 220.28, 220.41, 220.43,
    33  220.44, 220.48,  220.77,  230.05,  230.06,  230.19,  230.25(2),  230.30,
    34  230.32,  230.33,  230.34,  230.34-a,  235.22,  240.06,  240.55,  240.60,
    35  240.61, 240.62, 240.63, 240.75, 241.05, 255.26, 255.27, 260.25,  260.32,
    36  260.34,  263.05,  263.10,  263.11,  263.15,  263.16,  263.30,  265.01-a,
    37  265.01-b, 265.02(2) through (8), 265.03, 265.04, 265.08, 265.09, 265.10,
    38  265.11, 265.12,  265.13,  265.14,  265.16,  265.17,  265.19,  265.35(2),
    39  270.30,  270.35,  405.16(1),  405.18,  460.22,  470.21,  470.22, 470.23,
    40  470.24, 490.10, 490.15, 490.20, 490.25, 490.30, 490.35, 490.37,  490.40,
    41  490.45, 490.47, 490.50, or 490.55;
    42    § 17. Subparagraph i of paragraph 6 of subdivision a of section 14-154
    43  of  the  administrative  code of the city of New York, as added by local
    44  law number 59 of the city of New York for the year 2014, is  amended  to
    45  read as follows:
    46    i. a felony defined in any of the following sections of the penal law:
    47  120.01,  120.02,  120.03,  120.04,  120.04-a(4), 120.05, 120.06, 120.07,
    48  120.08, 120.09, 120.10, 120.11, 120.12, 120.13, 120.18, 120.25,  120.55,
    49  120.60,  120.70, 121.12, 121.13, 125.10, 125.11, 125.12, 125.13, 125.14,
    50  125.15, 125.20, 125.21, 125.22, 125.25, 125.26, 125.27, 125.40,  125.45,
    51  130.25,   130.30,   130.35,  130.40,  130.45,  130.50,  130.53,  130.65,
    52  130.65-a,  130.66,  130.67,  130.70,  130.75,  130.80,  130.85,  130.90,
    53  130.95,  130.96,  135.10,  135.20, 135.25, 135.35, 135.50, 135.65(2)(b),
    54  140.17, 140.25, 140.30, 145.12, 150.05, 150.10, 150.15, 150.20,  160.05,
    55  160.10,  160.15, 195.07, 195.08, 195.17, 215.11, 215.12, 215.13, 215.15,
    56  215.16, 215.17, 215.51, 215.52, 220.18, 220.21, 220.28, 220.41,  220.43,

        A. 6823--C                         10
 
     1  220.44,  220.48,  220.77,  230.05,  230.06,  230.19,  230.25(2), 230.30,
     2  230.32,  230.33,  230.34,  230.34-a,  235.22,  240.06,  240.55,  240.60,
     3  240.61,  240.62, 240.63, 240.75, 241.05, 255.26, 255.27, 260.25, 260.32,
     4  260.34,  263.05,  263.10,  263.11,  263.15,  263.16,  263.30,  265.01-a,
     5  265.01-b, 265.02  (2)  through  (8),  265.03,  265.04,  265.08,  265.09,
     6  265.10,   265.11,   265.12,  265.13,  265.14,  265.16,  265.17,  265.19,
     7  265.35(2), 270.30, 270.35, 405.16(l), 405.18,  460.22,  470.21,  470.22,
     8  470.23,  470.24, 490.10, 490.15, 490.20, 490.25, 490.30, 490.35, 490.37,
     9  490.40, 490.45, 490.47, 490.50, or 490.55;
    10    § 18. Paragraph (iii) of subdivision (e) of section 1012 of the family
    11  court act, as amended by section 1 of part L of chapter 56 of  the  laws
    12  of 2017, is amended to read as follows:
    13    (iii)  (A)  commits, or allows to be committed an offense against such
    14  child defined in article one  hundred  thirty  of  the  penal  law;  (B)
    15  allows,  permits or encourages such child to engage in any act described
    16  in sections 230.25, 230.30 [and], 230.32 and 230.34-a of the penal  law;
    17  (C)  commits  any  of  the acts described in sections 255.25, 255.26 and
    18  255.27 of the penal law; (D) allows such child  to  engage  in  acts  or
    19  conduct  described  in article two hundred sixty-three of the penal law;
    20  or (E) permits or encourages such child to engage in any act or  commits
    21  or  allows  to  be  committed  against such child any offense that would
    22  render such child either a victim of sex  trafficking  or  a  victim  of
    23  severe  forms  of  trafficking  in persons pursuant to 22 U.S.C. 7102 as
    24  enacted by public law 106-386 or  any  successor  federal  statute;  (F)
    25  provided,  however, that (1) the corroboration requirements contained in
    26  the penal law and (2) the age requirement for the application of article
    27  two hundred sixty-three of such law shall not apply to proceedings under
    28  this article.
    29    § 19. Subdivision (f) of section 10.03 of the mental hygiene  law,  as
    30  amended  by  chapter  405  of  the  laws  of 2010, is amended to read as
    31  follows:
    32    (f) "Designated felony" means any felony offense defined by any of the
    33  following provisions of the penal law: assault in the second  degree  as
    34  defined  in  section  120.05,  assault in the first degree as defined in
    35  section 120.10, gang assault in the second degree as defined in  section
    36  120.06,  gang  assault in the first degree as defined in section 120.07,
    37  stalking in the first degree as defined in section 120.60, strangulation
    38  in the second degree as defined in section 121.12, strangulation in  the
    39  first  degree  as  defined in section 121.13, manslaughter in the second
    40  degree as defined in subdivision one of section 125.15, manslaughter  in
    41  the  first  degree  as  defined  in section 125.20, murder in the second
    42  degree as defined in section 125.25, aggravated  murder  as  defined  in
    43  section 125.26, murder in the first degree as defined in section 125.27,
    44  kidnapping in the second degree as defined in section 135.20, kidnapping
    45  in  the first degree as defined in section 135.25, burglary in the third
    46  degree as defined in section 140.20, burglary in the  second  degree  as
    47  defined  in  section  140.25, burglary in the first degree as defined in
    48  section 140.30, arson in the second degree as defined in section 150.15,
    49  arson in the first degree as defined in section 150.20, robbery  in  the
    50  third  degree as defined in section 160.05, robbery in the second degree
    51  as defined in section 160.10, robbery in the first degree as defined  in
    52  section  160.15,  promoting prostitution in the second degree as defined
    53  in section 230.30, promoting prostitution in the first degree as defined
    54  in section 230.32, compelling prostitution as defined in section 230.33,
    55  sex trafficking of a child as defined in section 230.34-a, disseminating
    56  indecent material to minors in the first degree as  defined  in  section

        A. 6823--C                         11
 
     1  235.22,  use  of  a  child in a sexual performance as defined in section
     2  263.05, promoting an obscene sexual performance by a child as defined in
     3  section 263.10, promoting a sexual performance by a child as defined  in
     4  section 263.15, or any felony attempt or conspiracy to commit any of the
     5  foregoing offenses.
     6    §  20.  Section 2324-a of the public health law, as amended by chapter
     7  368 of the laws of 2015, is amended to read as follows:
     8    § 2324-a. Presumptive evidence. For the purposes of this title, two or
     9  more convictions of any person or persons had, within a  period  of  one
    10  year,  for  any  of  the  offenses  described in section 230.00, 230.05,
    11  230.06, 230.08, 230.11, 230.12, 230.13,  230.20,  230.25,  230.30  [or],
    12  230.32 or 230.34-a of the penal law arising out of conduct engaged in at
    13  the  same real property consisting of a dwelling as that term is defined
    14  in subdivision four of section four of the multiple dwelling  law  shall
    15  be  presumptive evidence of conduct constituting use of the premises for
    16  purposes of prostitution.
    17    § 21. Subdivision 5 of section 621 of the executive law, as amended by
    18  section 1 of part H of chapter 55 of the laws of  2017,  is  amended  to
    19  read as follows:
    20    5.  "Victim"  shall  mean  (a)  a person who suffers personal physical
    21  injury as a direct result of a crime; (b) a person who is the victim  of
    22  either  the  crime  of  (1) unlawful imprisonment in the first degree as
    23  defined in section 135.10 of the penal law, (2) kidnapping in the second
    24  degree as defined in section 135.20 of the penal law, (3) kidnapping  in
    25  the  first  degree  as  defined  in section 135.25 of the penal law, (4)
    26  menacing in the first degree as defined in section 120.13 of  the  penal
    27  law,  (5)  criminal  obstruction  of  breathing  or blood circulation as
    28  defined in section 121.11 of the penal law, (6) harassment in the second
    29  degree as defined in section 240.26 of the penal law, (7) harassment  in
    30  the  first  degree  as  defined  in section 240.25 of the penal law, (8)
    31  aggravated harassment in the second degree  as  defined  in  subdivision
    32  three or five of section 240.30 of the penal law, (9) aggravated harass-
    33  ment in the first degree as defined in subdivision two of section 240.31
    34  of  the penal law, (10) criminal contempt in the first degree as defined
    35  in subdivision (b) or subdivision (c) of section  215.51  of  the  penal
    36  law,  (11)  stalking  in  the  fourth,  third, second or first degree as
    37  defined in sections 120.45, 120.50, 120.55 and 120.60 of the penal  law,
    38  (12)  labor  trafficking  as defined in section 135.35 of the penal law,
    39  [or] (13) sex trafficking as defined in section 230.34 of the penal law;
    40  or (14) sex trafficking of a child as defined in section 230.34-a of the
    41  penal law; a vulnerable elderly person or an incompetent  or  physically
    42  disabled person as defined in section 260.31 of the penal law who incurs
    43  a loss of savings as defined in subdivision twenty-four of this section;
    44  or a person who has had a frivolous lawsuit filed against them.
    45    § 22. Subdivision 1 of section 631 of the executive law, as amended by
    46  section  22 of part A-1 of chapter 56 of the laws of 2010, is amended to
    47  read as follows:
    48    1. No award shall be made unless the office finds that (a) a crime was
    49  committed, (b) such crime directly resulted in personal physical  injury
    50  to  or  the  exacerbation  of a preexisting disability, or condition, or
    51  death of, the victim, and (c) criminal justice agency records show  that
    52  such  crime  was  promptly reported to the proper authorities; and in no
    53  case may an award be made where the criminal justice agency records show
    54  that such report was made more than one week  after  the  occurrence  of
    55  such  crime  unless the office, for good cause shown, finds the delay to
    56  have been justified; provided, however, in cases  involving  an  alleged

        A. 6823--C                         12
 
     1  sex  offense as contained in article one hundred thirty of the penal law
     2  or incest as defined in section 255.25, 255.26 or 255.27  of  the  penal
     3  law  or  labor trafficking as defined in section 135.35 of the penal law
     4  or  sex trafficking as defined in [section] sections 230.34 and 230.34-a
     5  of the penal law or  an  offense  chargeable  as  a  family  offense  as
     6  described  in  section  eight  hundred twelve of the family court act or
     7  section 530.11 of the criminal procedure law, the criminal justice agen-
     8  cy report need only be made within a reasonable time considering all the
     9  circumstances, including the victim's  physical,  emotional  and  mental
    10  condition  and  family  situation. For the purposes of this subdivision,
    11  "criminal justice agency" shall include, but not be limited to, a police
    12  department, a district attorney's office,  and  any  other  governmental
    13  agency having responsibility for the enforcement of the criminal laws of
    14  the  state provided, however, that in cases involving such sex offense a
    15  criminal justice agency shall also mean a family court,  a  governmental
    16  agency  responsible  for child and/or adult protective services pursuant
    17  to title six of article six of the social services law and/or title  one
    18  of  article  nine-B of the social services law, and any medical facility
    19  established under the laws of the state that provides a  forensic  phys-
    20  ical examination for victims of rape and sexual assault.
    21    § 23. Paragraph f of subdivision 1 of section 410 of the general busi-
    22  ness  law,  as  amended by chapter 80 of the laws of 2015, is amended to
    23  read as follows:
    24    f. Conviction of any of the following crimes subsequent to  the  issu-
    25  ance of a license or registration pursuant to this article: fraud pursu-
    26  ant  to  sections  170.10,  170.15,  176.15,  176.20, 176.25, 176.30 and
    27  190.65; falsifying business records pursuant to  section  175.10;  grand
    28  larceny  pursuant  to  article 155; bribery pursuant to sections 180.03,
    29  180.08, 180.15, 180.25, 200.00, 200.03, 200.04, 200.10, 200.11,  200.12,
    30  200.45,  200.50;  perjury  pursuant  to sections 210.10, 210.15, 210.40;
    31  assault pursuant to sections 120.05,  120.10,  120.11,  120.12;  robbery
    32  pursuant  to  article  160;  homicide  pursuant  to  sections 125.25 and
    33  125.27; manslaughter pursuant to sections 125.15 and 125.20;  kidnapping
    34  and  unlawful  imprisonment  pursuant  to  sections  135.10,  135.20 and
    35  135.25; unlawful weapons possession pursuant to sections 265.02,  265.03
    36  and  265.04;  criminal  use  of a weapon pursuant to sections 265.08 and
    37  265.09; criminal sale of  a  weapon  pursuant  to  sections  265.11  and
    38  265.12;  compelling  prostitution  pursuant to section 230.33; sex traf-
    39  ficking pursuant to section 230.34; sex trafficking of a child  pursuant
    40  to  section  230.34-a;  and  sex offenses pursuant to article 130 of the
    41  penal law. Provided, however, that for the  purposes  of  this  article,
    42  none  of  the  following  shall  be  considered  criminal convictions or
    43  reported as such: (i) a conviction for which  an  executive  pardon  has
    44  been  issued  pursuant to the executive law; (ii) a conviction which has
    45  been vacated and replaced by a youthful  offender  finding  pursuant  to
    46  article  seven  hundred  twenty  of  the  criminal procedure law, or the
    47  applicable provisions of law of  any  other  jurisdiction;  or  (iii)  a
    48  conviction the records of which have been expunged or sealed pursuant to
    49  the  applicable  provisions  of  the  laws of this state or of any other
    50  jurisdiction; and (iv) a conviction for which other evidence of success-
    51  ful rehabilitation to remove the disability has been issued.
    52    § 24. This act shall take effect on the ninetieth day after  it  shall
    53  have become a law.
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