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.
STATE OF NEW YORK
________________________________________________________________________
5988--B
Cal. No. 1065
2017-2018 Regular Sessions
IN SENATE
May 9, 2017
___________
Introduced by Sens. LANZA, AVELLA, FUNKE, GALLIVAN, GOLDEN, HAMILTON,
HELMING, JACOBS, KRUEGER, MURPHY -- read twice and ordered printed,
and when printed to be committed to the Committee on Codes -- recom-
mitted to the Committee on Codes in accordance with Senate Rule 6,
sec. 8 -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee -- reported favorably from
said committee and committed to the Committee on Finance -- committee
discharged and said bill committed to the Committee on Rules --
reported favorably from said committee, ordered to a third reading,
passed by Senate and delivered to the Assembly, recalled, vote recon-
sidered, restored to third reading, amended and ordered reprinted,
retaining its place in the order of third reading
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.
4 1. A person is guilty of sex trafficking of a child when he or she,
5 being twenty-one years old or more, intentionally advances or profits
6 from prostitution of another person and such person is a child less than
7 eighteen years old. Knowledge by the defendant of the age of such child
8 is not an element of this offense and it is not a defense to a prose-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09066-15-8
S. 5988--B 2
1 cution therefor that the defendant did not know the age of the child or
2 believed such age to be eighteen or over.
3 2. For purposes of this section:
4 (a) A person "advances prostitution" when, acting other than as a
5 person in prostitution or as a patron thereof, and with intent to cause
6 prostitution, he or she directly engages in conduct that facilitates an
7 act or enterprise of prostitution.
8 (b) A person "profits from prostitution" when, acting other than as a
9 person in prostitution receiving compensation for personally rendered
10 prostitution services, and with intent to facilitate prostitution, he or
11 she accepts or receives money or other property pursuant to an agreement
12 or understanding with any person whereby he or she participates in the
13 proceeds of prostitution activity.
14 Sex trafficking of a child is a class B felony.
15 § 2. Section 230.01 of the penal law, as amended by chapter 368 of the
16 laws of 2015, is amended to read as follows:
17 § 230.01 Prostitution; affirmative defense.
18 In any prosecution under section 230.00, section 230.03, section
19 230.19, 230.20, subdivision 2 of section 230.25, subdivision 2 of
20 section 230.30, section 230.34-a or subdivision two of section 240.37 of
21 this part, it is an affirmative defense that the defendant's partic-
22 ipation in the offense was a result of having been a victim of compel-
23 ling prostitution under section 230.33, a victim of sex trafficking
24 under section 230.34 of this article, a victim of sex trafficking of a
25 child under section 230.34-a of this article or a victim of trafficking
26 in persons under the trafficking victims protection act (United States
27 Code, Title 22, Chapter 78).
28 § 3. Paragraph (a) of subdivision 1 of section 70.02 of the penal law,
29 as amended by chapter 368 of the laws of 2015, is amended to read as
30 follows:
31 (a) Class B violent felony offenses: an attempt to commit the class
32 A-I felonies of murder in the second degree as defined in section
33 125.25, kidnapping in the first degree as defined in section 135.25, and
34 arson in the first degree as defined in section 150.20; manslaughter in
35 the first degree as defined in section 125.20, aggravated manslaughter
36 in the first degree as defined in section 125.22, rape in the first
37 degree as defined in section 130.35, criminal sexual act in the first
38 degree as defined in section 130.50, aggravated sexual abuse in the
39 first degree as defined in section 130.70, course of sexual conduct
40 against a child in the first degree as defined in section 130.75;
41 assault in the first degree as defined in section 120.10, kidnapping in
42 the second degree as defined in section 135.20, burglary in the first
43 degree as defined in section 140.30, arson in the second degree as
44 defined in section 150.15, robbery in the first degree as defined in
45 section 160.15, sex trafficking as defined in paragraphs (a) and (b) of
46 subdivision five of section 230.34, sex trafficking of a child as
47 defined in section 230.34-a, incest in the first degree as defined in
48 section 255.27, criminal possession of a weapon in the first degree as
49 defined in section 265.04, criminal use of a firearm in the first degree
50 as defined in section 265.09, criminal sale of a firearm in the first
51 degree as defined in section 265.13, aggravated assault upon a police
52 officer or a peace officer as defined in section 120.11, gang assault in
53 the first degree as defined in section 120.07, intimidating a victim or
54 witness in the first degree as defined in section 215.17, hindering
55 prosecution of terrorism in the first degree as defined in section
56 490.35, criminal possession of a chemical weapon or biological weapon in
S. 5988--B 3
1 the second degree as defined in section 490.40, and criminal use of a
2 chemical weapon or biological weapon in the third degree as defined in
3 section 490.47.
4 § 4. Paragraph (a) of subdivision 1 of section 460.10 of the penal
5 law, as amended by chapter 368 of the laws of 2015, is amended to read
6 as follows:
7 (a) Any of the felonies set forth in this chapter: sections 120.05,
8 120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat-
9 ing to strangulation; sections 125.10 to 125.27 relating to homicide;
10 sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and
11 135.25 relating to kidnapping; sections 135.35 and 135.37 relating to
12 labor trafficking; section 135.65 relating to coercion; sections 140.20,
13 140.25 and 140.30 relating to burglary; sections 145.05, 145.10 and
14 145.12 relating to criminal mischief; article one hundred fifty relating
15 to arson; sections 155.30, 155.35, 155.40 and 155.42 relating to grand
16 larceny; sections 177.10, 177.15, 177.20 and 177.25 relating to health
17 care fraud; article one hundred sixty relating to robbery; sections
18 165.45, 165.50, 165.52 and 165.54 relating to criminal possession of
19 stolen property; sections 165.72 and 165.73 relating to trademark coun-
20 terfeiting; sections 170.10, 170.15, 170.25, 170.30, 170.40, 170.65 and
21 170.70 relating to forgery; sections 175.10, 175.25, 175.35, 175.40 and
22 210.40 relating to false statements; sections 176.15, 176.20, 176.25 and
23 176.30 relating to insurance fraud; sections 178.20 and 178.25 relating
24 to criminal diversion of prescription medications and prescriptions;
25 sections 180.03, 180.08, 180.15, 180.25, 180.40, 180.45, 200.00, 200.03,
26 200.04, 200.10, 200.11, 200.12, 200.20, 200.22, 200.25, 200.27, 200.56,
27 215.00, 215.05 and 215.19; sections 187.10, 187.15, 187.20 and 187.25
28 relating to residential mortgage fraud, sections 190.40 and 190.42
29 relating to criminal usury; section 190.65 relating to schemes to
30 defraud; any felony defined in article four hundred ninety-six; sections
31 205.60 and 205.65 relating to hindering prosecution; sections 210.10,
32 210.15, and 215.51 relating to perjury and contempt; section 215.40
33 relating to tampering with physical evidence; sections 220.06, 220.09,
34 220.16, 220.18, 220.21, 220.31, 220.34, 220.39, 220.41, 220.43, 220.46,
35 220.55, 220.60, 220.65 and 220.77 relating to controlled substances;
36 sections 225.10 and 225.20 relating to gambling; sections 230.25,
37 230.30, and 230.32 relating to promoting prostitution; section 230.34
38 relating to sex trafficking; section 230.34-a relating to sex traffick-
39 ing of a child; sections 235.06, 235.07, 235.21 and 235.22 relating to
40 obscenity; sections 263.10 and 263.15 relating to promoting a sexual
41 performance by a child; sections 265.02, 265.03, 265.04, 265.11, 265.12,
42 265.13 and the provisions of section 265.10 which constitute a felony
43 relating to firearms and other dangerous weapons; sections 265.14 and
44 265.16 relating to criminal sale of a firearm; section 275.10, 275.20,
45 275.30, or 275.40 relating to unauthorized recordings; and sections
46 470.05, 470.10, 470.15 and 470.20 relating to money laundering; or
47 § 5. Subdivision 2 of section 130.91 of the penal law, as amended by
48 chapter 405 of the laws of 2010, is amended to read as follows:
49 2. A "specified offense" is a felony offense defined by any of the
50 following provisions of this chapter: assault in the second degree as
51 defined in section 120.05, assault in the first degree as defined in
52 section 120.10, gang assault in the second degree as defined in section
53 120.06, gang assault in the first degree as defined in section 120.07,
54 stalking in the first degree as defined in section 120.60, strangulation
55 in the second degree as defined in section 121.12, strangulation in the
56 first degree as defined in section 121.13, manslaughter in the second
S. 5988--B 4
1 degree as defined in subdivision one of section 125.15, manslaughter in
2 the first degree as defined in section 125.20, murder in the second
3 degree as defined in section 125.25, aggravated murder as defined in
4 section 125.26, murder in the first degree as defined in section 125.27,
5 kidnapping in the second degree as defined in section 135.20, kidnapping
6 in the first degree as defined in section 135.25, burglary in the third
7 degree as defined in section 140.20, burglary in the second degree as
8 defined in section 140.25, burglary in the first degree as defined in
9 section 140.30, arson in the second degree as defined in section 150.15,
10 arson in the first degree as defined in section 150.20, robbery in the
11 third degree as defined in section 160.05, robbery in the second degree
12 as defined in section 160.10, robbery in the first degree as defined in
13 section 160.15, promoting prostitution in the second degree as defined
14 in section 230.30, promoting prostitution in the first degree as defined
15 in section 230.32, compelling prostitution as defined in section 230.33,
16 sex trafficking of a child as defined in section 230.34-a, disseminating
17 indecent material to minors in the first degree as defined in section
18 235.22, use of a child in a sexual performance as defined in section
19 263.05, promoting an obscene sexual performance by a child as defined in
20 section 263.10, promoting a sexual performance by a child as defined in
21 section 263.15, or any felony attempt or conspiracy to commit any of the
22 foregoing offenses.
23 § 6. Subdivision 1 of section 120.70 of the penal law, as added by
24 chapter 405 of the laws of 2008, is amended to read as follows:
25 1. A person is guilty of luring a child when he or she lures a child
26 into a motor vehicle, aircraft, watercraft, isolated area, building, or
27 part thereof, for the purpose of committing against such child any of
28 the following offenses: an offense as defined in section 70.02 of this
29 chapter; an offense as defined in section 125.25 or 125.27 of this chap-
30 ter; a felony offense that is a violation of article one hundred thirty
31 of this chapter; an offense as defined in section 135.25 of this chap-
32 ter; an offense as defined in sections 230.30, 230.33 [or], 230.34 or
33 230.34-a of this chapter; an offense as defined in sections 255.25,
34 255.26, or 255.27 of this chapter; or an offense as defined in sections
35 263.05, 263.10, or 263.15 of this chapter. For purposes of this subdivi-
36 sion "child" means a person less than seventeen years of age. Nothing in
37 this section shall be deemed to preclude, if the evidence warrants, a
38 conviction for the commission or attempted commission of any crime,
39 including but not limited to a crime defined in article one hundred
40 thirty-five of this chapter.
41 § 7. Subparagraph (i) of paragraph (a) of subdivision 2 of section
42 168-a of the correction law, as amended by chapter 368 of the laws of
43 2015, is amended to read as follows:
44 (i) a conviction of or a conviction for an attempt to commit any of
45 the provisions of sections 120.70, 130.20, 130.25, 130.30, 130.40,
46 130.45, 130.60, 230.34, 230.34-a, 250.50, 255.25, 255.26 and 255.27 or
47 article two hundred sixty-three of the penal law, or section 135.05,
48 135.10, 135.20 or 135.25 of such law relating to kidnapping offenses,
49 provided the victim of such kidnapping or related offense is less than
50 seventeen years old and the offender is not the parent of the victim, or
51 section 230.04, where the person patronized is in fact less than seven-
52 teen years of age, 230.05, 230.06, 230.11, 230.12, 230.13, subdivision
53 two of section 230.30, section 230.32, 230.33, or 230.34 of the penal
54 law, or section 230.25 of the penal law where the person prostituted is
55 in fact less than seventeen years old, or
S. 5988--B 5
1 § 8. Paragraph (b) of subdivision 8 of section 700.05 of the criminal
2 procedure law, as amended by chapter 368 of the laws of 2015, is amended
3 to read as follows:
4 (b) Any of the following felonies: assault in the second degree as
5 defined in section 120.05 of the penal law, assault in the first degree
6 as defined in section 120.10 of the penal law, reckless endangerment in
7 the first degree as defined in section 120.25 of the penal law, promot-
8 ing a suicide attempt as defined in section 120.30 of the penal law,
9 strangulation in the second degree as defined in section 121.12 of the
10 penal law, strangulation in the first degree as defined in section
11 121.13 of the penal law, criminally negligent homicide as defined in
12 section 125.10 of the penal law, manslaughter in the second degree as
13 defined in section 125.15 of the penal law, manslaughter in the first
14 degree as defined in section 125.20 of the penal law, murder in the
15 second degree as defined in section 125.25 of the penal law, murder in
16 the first degree as defined in section 125.27 of the penal law, abortion
17 in the second degree as defined in section 125.40 of the penal law,
18 abortion in the first degree as defined in section 125.45 of the penal
19 law, rape in the third degree as defined in section 130.25 of the penal
20 law, rape in the second degree as defined in section 130.30 of the penal
21 law, rape in the first degree as defined in section 130.35 of the penal
22 law, criminal sexual act in the third degree as defined in section
23 130.40 of the penal law, criminal sexual act in the second degree as
24 defined in section 130.45 of the penal law, criminal sexual act in the
25 first degree as defined in section 130.50 of the penal law, sexual abuse
26 in the first degree as defined in section 130.65 of the penal law,
27 unlawful imprisonment in the first degree as defined in section 135.10
28 of the penal law, kidnapping in the second degree as defined in section
29 135.20 of the penal law, kidnapping in the first degree as defined in
30 section 135.25 of the penal law, labor trafficking as defined in section
31 135.35 of the penal law, aggravated labor trafficking as defined in
32 section 135.37 of the penal law, custodial interference in the first
33 degree as defined in section 135.50 of the penal law, coercion in the
34 first degree as defined in section 135.65 of the penal law, criminal
35 trespass in the first degree as defined in section 140.17 of the penal
36 law, burglary in the third degree as defined in section 140.20 of the
37 penal law, burglary in the second degree as defined in section 140.25 of
38 the penal law, burglary in the first degree as defined in section 140.30
39 of the penal law, criminal mischief in the third degree as defined in
40 section 145.05 of the penal law, criminal mischief in the second degree
41 as defined in section 145.10 of the penal law, criminal mischief in the
42 first degree as defined in section 145.12 of the penal law, criminal
43 tampering in the first degree as defined in section 145.20 of the penal
44 law, arson in the fourth degree as defined in section 150.05 of the
45 penal law, arson in the third degree as defined in section 150.10 of the
46 penal law, arson in the second degree as defined in section 150.15 of
47 the penal law, arson in the first degree as defined in section 150.20 of
48 the penal law, grand larceny in the fourth degree as defined in section
49 155.30 of the penal law, grand larceny in the third degree as defined in
50 section 155.35 of the penal law, grand larceny in the second degree as
51 defined in section 155.40 of the penal law, grand larceny in the first
52 degree as defined in section 155.42 of the penal law, health care fraud
53 in the fourth degree as defined in section 177.10 of the penal law,
54 health care fraud in the third degree as defined in section 177.15 of
55 the penal law, health care fraud in the second degree as defined in
56 section 177.20 of the penal law, health care fraud in the first degree
S. 5988--B 6
1 as defined in section 177.25 of the penal law, robbery in the third
2 degree as defined in section 160.05 of the penal law, robbery in the
3 second degree as defined in section 160.10 of the penal law, robbery in
4 the first degree as defined in section 160.15 of the penal law, unlawful
5 use of secret scientific material as defined in section 165.07 of the
6 penal law, criminal possession of stolen property in the fourth degree
7 as defined in section 165.45 of the penal law, criminal possession of
8 stolen property in the third degree as defined in section 165.50 of the
9 penal law, criminal possession of stolen property in the second degree
10 as defined by section 165.52 of the penal law, criminal possession of
11 stolen property in the first degree as defined by section 165.54 of the
12 penal law, trademark counterfeiting in the second degree as defined in
13 section 165.72 of the penal law, trademark counterfeiting in the first
14 degree as defined in section 165.73 of the penal law, forgery in the
15 second degree as defined in section 170.10 of the penal law, forgery in
16 the first degree as defined in section 170.15 of the penal law, criminal
17 possession of a forged instrument in the second degree as defined in
18 section 170.25 of the penal law, criminal possession of a forged instru-
19 ment in the first degree as defined in section 170.30 of the penal law,
20 criminal possession of forgery devices as defined in section 170.40 of
21 the penal law, falsifying business records in the first degree as
22 defined in section 175.10 of the penal law, tampering with public
23 records in the first degree as defined in section 175.25 of the penal
24 law, offering a false instrument for filing in the first degree as
25 defined in section 175.35 of the penal law, issuing a false certificate
26 as defined in section 175.40 of the penal law, criminal diversion of
27 prescription medications and prescriptions in the second degree as
28 defined in section 178.20 of the penal law, criminal diversion of
29 prescription medications and prescriptions in the first degree as
30 defined in section 178.25 of the penal law, residential mortgage fraud
31 in the fourth degree as defined in section 187.10 of the penal law,
32 residential mortgage fraud in the third degree as defined in section
33 187.15 of the penal law, residential mortgage fraud in the second degree
34 as defined in section 187.20 of the penal law, residential mortgage
35 fraud in the first degree as defined in section 187.25 of the penal law,
36 escape in the second degree as defined in section 205.10 of the penal
37 law, escape in the first degree as defined in section 205.15 of the
38 penal law, absconding from temporary release in the first degree as
39 defined in section 205.17 of the penal law, promoting prison contraband
40 in the first degree as defined in section 205.25 of the penal law,
41 hindering prosecution in the second degree as defined in section 205.60
42 of the penal law, hindering prosecution in the first degree as defined
43 in section 205.65 of the penal law, sex trafficking as defined in
44 section 230.34 of the penal law, sex trafficking of a child as defined
45 in section 230.34-a of the penal law, criminal possession of a weapon in
46 the third degree as defined in subdivisions two, three and five of
47 section 265.02 of the penal law, criminal possession of a weapon in the
48 second degree as defined in section 265.03 of the penal law, criminal
49 possession of a weapon in the first degree as defined in section 265.04
50 of the penal law, manufacture, transport, disposition and defacement of
51 weapons and dangerous instruments and appliances defined as felonies in
52 subdivisions one, two, and three of section 265.10 of the penal law,
53 sections 265.11, 265.12 and 265.13 of the penal law, or prohibited use
54 of weapons as defined in subdivision two of section 265.35 of the penal
55 law, relating to firearms and other dangerous weapons, or failure to
S. 5988--B 7
1 disclose the origin of a recording in the first degree as defined in
2 section 275.40 of the penal law;
3 § 9. Paragraph (i) of subdivision 1 of section 440.10 of the criminal
4 procedure law, as amended by chapter 368 of the laws of 2015, is amended
5 to read as follows:
6 (i) The judgment is a conviction where the arresting charge was under
7 section 240.37 (loitering for the purpose of engaging in a prostitution
8 offense, provided that the defendant was not alleged to be loitering for
9 the purpose of patronizing a person for prostitution or promoting pros-
10 titution) or 230.00 (prostitution) or 230.03 (prostitution in a school
11 zone) of the penal law, and the defendant's participation in the offense
12 was a result of having been a victim of sex trafficking under section
13 230.34 of the penal law, sex trafficking of a child under section
14 230.34-a of the penal law, labor trafficking under section 135.35 of the
15 penal law, aggravated labor trafficking under section 135.37 of the
16 penal law, compelling prostitution under section 230.33 of the penal
17 law, or trafficking in persons under the Trafficking Victims Protection
18 Act (United States Code, title 22, chapter 78); provided that
19 § 10. Subdivision 2 of section 420.35 of the criminal procedure law,
20 as amended by chapter 426 of the laws of 2015, is amended to read as
21 follows:
22 2. Under no circumstances shall the mandatory surcharge, sex offender
23 registration fee, DNA databank fee or the crime victim assistance fee be
24 waived provided, however, that a court may waive the crime victim
25 assistance fee if such defendant is an eligible youth as defined in
26 subdivision two of section 720.10 of this chapter, and the imposition of
27 such fee would work an unreasonable hardship on the defendant, his or
28 her immediate family, or any other person who is dependent on such
29 defendant for financial support. A court shall waive any mandatory
30 surcharge, DNA databank fee and crime victim assistance fee when: (i)
31 the defendant is convicted of loitering for the purpose of engaging in
32 prostitution under section 240.37 of the penal law (provided that the
33 defendant was not convicted of loitering for the purpose of patronizing
34 a person for prostitution); (ii) the defendant is convicted of prostitu-
35 tion under section 230.00 of the penal law; (iii) the defendant is
36 convicted of a violation in the event such conviction is in lieu of a
37 plea to or conviction for loitering for the purpose of engaging in pros-
38 titution under section 240.37 of the penal law (provided that the
39 defendant was not alleged to be loitering for the purpose of patronizing
40 a person for prostitution) or prostitution under section 230.00 of the
41 penal law; or (iv) the court finds that a defendant is a victim of sex
42 trafficking under section 230.34 of the penal law or a victim of traf-
43 ficking in persons under the trafficking victims protection act (United
44 States Code, Title 22, Chapter 78); or (v) the court finds that the
45 defendant is a victim of sex trafficking of a child under section
46 230.34-a of the penal law.
47 § 11. Subdivision 1 of section 447-a of the social services law, as
48 amended by section 1 of part G of chapter 58 of the laws of 2010, is
49 amended to read as follows:
50 1. The term "sexually exploited child" means any person under the age
51 of eighteen who has been subject to sexual exploitation because he or
52 she:
53 (a) is the victim of the crime of sex trafficking as defined in
54 section 230.34 of the penal law or the crime of sex trafficking of a
55 child as defined in section 230.34-a of the penal law;
56 (b) engages in any act as defined in section 230.00 of the penal law;
S. 5988--B 8
1 (c) is a victim of the crime of compelling prostitution as defined in
2 section 230.33 of the penal law;
3 (d) engages in acts or conduct described in article two hundred
4 sixty-three or section 240.37 of the penal law.
5 § 12. Subdivision (c) of section 483-bb of the social services law, as
6 added by chapter 368 of the laws of 2015, is amended to read as follows:
7 (c) An individual who is a victim of the conduct prohibited by section
8 230.33, 230.34, 230.34-a, 135.35 or 135.37 of the penal law may bring a
9 civil action against the perpetrator or whoever knowingly advances or
10 profits from, or whoever should have known he or she was advancing or
11 profiting from, an act in violation of section 230.33, 230.34, 230.34-a,
12 135.35 or 135.37 of the penal law to recover damages and reasonable
13 attorney's fees.
14 § 13. Paragraph (a) of subdivision 4 of section 509-cc of the vehicle
15 and traffic law, as amended by chapter 400 of the laws of 2011, is
16 amended to read as follows:
17 (a) The offenses referred to in subparagraph (ii) of paragraph (a) of
18 subdivision one and paragraph (a) of subdivision two of this section
19 that result in permanent disqualification shall include a conviction
20 under sections 125.12, 125.13, 125.14, 125.15, 125.20, 125.21, 125.22,
21 125.25, 125.26, 125.27, 130.30, 130.35, 130.45, 130.50, 130.65, 130.66,
22 130.67, 130.70, 130.75, 130.80, 130.90, 130.95, 130.96, 135.25, 150.20,
23 230.30, 230.32, 230.34, 230.34-a, 235.22, 263.05, 263.10, 263.11,
24 263.15, 263.16 of the penal law or an attempt to commit any of the afor-
25 esaid offenses under section 110.00 of the penal law, or any offenses
26 committed under a former section of the penal law which would constitute
27 violations of the aforesaid sections of the penal law, or any offenses
28 committed outside this state which would constitute violations of the
29 aforesaid sections of the penal law.
30 § 14. Subdivisions 1 and 2 of section 510-d of the vehicle and traffic
31 law, as added by chapter 368 of the laws of 2015, are amended to read as
32 follows:
33 1. A class E driver's license shall be suspended by the commissioner
34 for a period of one year where the holder is convicted of a violation of
35 section 230.20, 230.25, 230.30, 230.32, 230.34, 230.34-a or 230.40 of
36 the penal law and the holder used a for hire motor vehicle to commit
37 such crime.
38 2. A class E driver's license may be revoked by the commissioner when
39 the holder, who had his or her driver's license suspended under subdivi-
40 sion one of this section within the last ten years, is convicted of a
41 second violation of section 230.20, 230.25, 230.30, 230.32, 230.34,
42 230.34-a or 230.40 of the penal law and the holder used a for hire motor
43 vehicle to commit such crime.
44 § 15. Subdivision a of section 3-118 of the administrative code of the
45 city of New York, as added by local law number 39 of the city of New
46 York for the year 2016, is amended to read as follows:
47 a. For the purposes of this section, the following terms have the
48 following meanings:
49 Homeless youth. The term "homeless youth" means persons under the age
50 of 21 who are in need of services and are without a place of shelter
51 where supervision and care are available.
52 Runaway youth. The term "runaway youth" means persons under the age of
53 18 years who are absent from their legal residence without the consent
54 of their parent, legal guardian or custodian.
55 Sexually exploited youth. The term "sexually exploited youth" means
56 persons under the age of 18 who have been subject to sexual exploitation
S. 5988--B 9
1 because they (a) are the victim of the crime of sex trafficking as
2 defined in section 230.34 of the penal law; (b) engage in any act as
3 defined in section 230.00 of the penal law; (c) are a victim of the
4 crime of compelling prostitution as defined in section 230.33 of the
5 penal law; (d) are a victim of the crime of sex trafficking of a child
6 as defined in section 230.34-a of the penal law; or [(d)] (e) engage in
7 acts or conduct described in article 263 or section 240.37 of the penal
8 law. The term shall also mean persons under the age of 18 who have been
9 subject to incest in the third degree, second degree or first degree, as
10 defined in sections 255.25, 255.26, and 255.27 of the penal law, respec-
11 tively, or any of the sex offenses enumerated in article 130 of the
12 penal law.
13 § 16. Subparagraph i of paragraph 7 of subdivision a of section 9-131
14 of the administrative code of the city of New York, as added by local
15 law number 58 of the city of New York for the year 2014, is amended to
16 read as follows:
17 i. a felony defined in any of the following sections of the penal law:
18 120.01, 120.02, 120.03, 120.04, 120.04-a(4), 120.05, 120.06, 120.07,
19 120.08, 120.09, 120.10, 120.11, 120.12, 120.13, 120.18, 120.25, 120.55,
20 120.60, 120.70, 121.12, 121.13, 125.10, 125.11, 125.12, 125.13, 125.14,
21 125.15, 125.20, 125.21, 125.22, 125.25, 125.26, 125.27, 125.40, 125.45,
22 130.25, 130.30, 130.35, 130.40, 130.45, 130.50, 130.53, 130.65,
23 130.65-a, 130.66, 130.67, 130.70, 130.75, 130.80, 130.85, 130.90,
24 130.95, 130.96, 135.10, 135.20, 135.25, 135.35, 135.50, 135.65(2)(b),
25 140.17, 140.25, 140.30, 145.12, 150.05, 150.10, 150.15, 150.20, 160.05,
26 160.10, 160.15, 195.07, 195.08, 195.17, 215.11, 215.12, 215.13, 215.15,
27 215.16, 215.17, 215.51, 215.52, 220.18, 220.21, 220.28, 220.41, 220.43,
28 220.44, 220.48, 220.77, 230.05, 230.06, 230.19, 230.25(2), 230.30,
29 230.32, 230.33, 230.34, 230.34-a, 235.22, 240.06, 240.55, 240.60,
30 240.61, 240.62, 240.63, 240.75, 241.05, 255.26, 255.27, 260.25, 260.32,
31 260.34, 263.05, 263.10, 263.11, 263.15, 263.16, 263.30, 265.01-a,
32 265.01-b, 265.02(2) through (8), 265.03, 265.04, 265.08, 265.09, 265.10,
33 265.11, 265.12, 265.13, 265.14, 265.16, 265.17, 265.19, 265.35(2),
34 270.30, 270.35, 405.16(1), 405.18, 460.22, 470.21, 470.22, 470.23,
35 470.24, 490.10, 490.15, 490.20, 490.25, 490.30, 490.35, 490.37, 490.40,
36 490.45, 490.47, 490.50, or 490.55;
37 § 17. Subparagraph i of paragraph 6 of subdivision a of section 14-154
38 of the administrative code of the city of New York, as added by local
39 law number 59 of the city of New York for the year 2014, is amended to
40 read as follows:
41 i. a felony defined in any of the following sections of the penal law:
42 120.01, 120.02, 120.03, 120.04, 120.04-a(4), 120.05, 120.06, 120.07,
43 120.08, 120.09, 120.10, 120.11, 120.12, 120.13, 120.18, 120.25, 120.55,
44 120.60, 120.70, 121.12, 121.13, 125.10, 125.11, 125.12, 125.13, 125.14,
45 125.15, 125.20, 125.21, 125.22, 125.25, 125.26, 125.27, 125.40, 125.45,
46 130.25, 130.30, 130.35, 130.40, 130.45, 130.50, 130.53, 130.65,
47 130.65-a, 130.66, 130.67, 130.70, 130.75, 130.80, 130.85, 130.90,
48 130.95, 130.96, 135.10, 135.20, 135.25, 135.35, 135.50, 135.65(2)(b),
49 140.17, 140.25, 140.30, 145.12, 150.05, 150.10, 150.15, 150.20, 160.05,
50 160.10, 160.15, 195.07, 195.08, 195.17, 215.11, 215.12, 215.13, 215.15,
51 215.16, 215.17, 215.51, 215.52, 220.18, 220.21, 220.28, 220.41, 220.43,
52 220.44, 220.48, 220.77, 230.05, 230.06, 230.19, 230.25(2), 230.30,
53 230.32, 230.33, 230.34, 230.34-a, 235.22, 240.06, 240.55, 240.60,
54 240.61, 240.62, 240.63, 240.75, 241.05, 255.26, 255.27, 260.25, 260.32,
55 260.34, 263.05, 263.10, 263.11, 263.15, 263.16, 263.30, 265.01-a,
56 265.01-b, 265.02 (2) through (8), 265.03, 265.04, 265.08, 265.09,
S. 5988--B 10
1 265.10, 265.11, 265.12, 265.13, 265.14, 265.16, 265.17, 265.19,
2 265.35(2), 270.30, 270.35, 405.16(l), 405.18, 460.22, 470.21, 470.22,
3 470.23, 470.24, 490.10, 490.15, 490.20, 490.25, 490.30, 490.35, 490.37,
4 490.40, 490.45, 490.47, 490.50, or 490.55;
5 § 18. Paragraph (iii) of subdivision (e) of section 1012 of the family
6 court act, as amended by section 1 of part L of chapter 56 of the laws
7 of 2017, is amended to read as follows:
8 (iii) (A) commits, or allows to be committed an offense against such
9 child defined in article one hundred thirty of the penal law; (B)
10 allows, permits or encourages such child to engage in any act described
11 in sections 230.25, 230.30 [and], 230.32 and 230.34-a of the penal law;
12 (C) commits any of the acts described in sections 255.25, 255.26 and
13 255.27 of the penal law; (D) allows such child to engage in acts or
14 conduct described in article two hundred sixty-three of the penal law;
15 or (E) permits or encourages such child to engage in any act or commits
16 or allows to be committed against such child any offense that would
17 render such child either a victim of sex trafficking or a victim of
18 severe forms of trafficking in persons pursuant to 22 U.S.C. 7102 as
19 enacted by public law 106-386 or any successor federal statute; (F)
20 provided, however, that (1) the corroboration requirements contained in
21 the penal law and (2) the age requirement for the application of article
22 two hundred sixty-three of such law shall not apply to proceedings under
23 this article.
24 § 19. Subdivision (f) of section 10.03 of the mental hygiene law, as
25 amended by chapter 405 of the laws of 2010, is amended to read as
26 follows:
27 (f) "Designated felony" means any felony offense defined by any of the
28 following provisions of the penal law: assault in the second degree as
29 defined in section 120.05, assault in the first degree as defined in
30 section 120.10, gang assault in the second degree as defined in section
31 120.06, gang assault in the first degree as defined in section 120.07,
32 stalking in the first degree as defined in section 120.60, strangulation
33 in the second degree as defined in section 121.12, strangulation in the
34 first degree as defined in section 121.13, manslaughter in the second
35 degree as defined in subdivision one of section 125.15, manslaughter in
36 the first degree as defined in section 125.20, murder in the second
37 degree as defined in section 125.25, aggravated murder as defined in
38 section 125.26, murder in the first degree as defined in section 125.27,
39 kidnapping in the second degree as defined in section 135.20, kidnapping
40 in the first degree as defined in section 135.25, burglary in the third
41 degree as defined in section 140.20, burglary in the second degree as
42 defined in section 140.25, burglary in the first degree as defined in
43 section 140.30, arson in the second degree as defined in section 150.15,
44 arson in the first degree as defined in section 150.20, robbery in the
45 third degree as defined in section 160.05, robbery in the second degree
46 as defined in section 160.10, robbery in the first degree as defined in
47 section 160.15, promoting prostitution in the second degree as defined
48 in section 230.30, promoting prostitution in the first degree as defined
49 in section 230.32, compelling prostitution as defined in section 230.33,
50 sex trafficking of a child as defined in section 230.34-a, disseminating
51 indecent material to minors in the first degree as defined in section
52 235.22, use of a child in a sexual performance as defined in section
53 263.05, promoting an obscene sexual performance by a child as defined in
54 section 263.10, promoting a sexual performance by a child as defined in
55 section 263.15, or any felony attempt or conspiracy to commit any of the
56 foregoing offenses.
S. 5988--B 11
1 § 20. Section 2324-a of the public health law, as amended by chapter
2 368 of the laws of 2015, is amended to read as follows:
3 § 2324-a. Presumptive evidence. For the purposes of this title, two or
4 more convictions of any person or persons had, within a period of one
5 year, for any of the offenses described in section 230.00, 230.05,
6 230.06, 230.08, 230.11, 230.12, 230.13, 230.20, 230.25, 230.30 [or],
7 230.32 or 230.34-a of the penal law arising out of conduct engaged in at
8 the same real property consisting of a dwelling as that term is defined
9 in subdivision four of section four of the multiple dwelling law shall
10 be presumptive evidence of conduct constituting use of the premises for
11 purposes of prostitution.
12 § 21. Subdivision 5 of section 621 of the executive law, as amended by
13 section 1 of part H of chapter 55 of the laws of 2017, is amended to
14 read as follows:
15 5. "Victim" shall mean (a) a person who suffers personal physical
16 injury as a direct result of a crime; (b) a person who is the victim of
17 either the crime of (1) unlawful imprisonment in the first degree as
18 defined in section 135.10 of the penal law, (2) kidnapping in the second
19 degree as defined in section 135.20 of the penal law, (3) kidnapping in
20 the first degree as defined in section 135.25 of the penal law, (4)
21 menacing in the first degree as defined in section 120.13 of the penal
22 law, (5) criminal obstruction of breathing or blood circulation as
23 defined in section 121.11 of the penal law, (6) harassment in the second
24 degree as defined in section 240.26 of the penal law, (7) harassment in
25 the first degree as defined in section 240.25 of the penal law, (8)
26 aggravated harassment in the second degree as defined in subdivision
27 three or five of section 240.30 of the penal law, (9) aggravated harass-
28 ment in the first degree as defined in subdivision two of section 240.31
29 of the penal law, (10) criminal contempt in the first degree as defined
30 in subdivision (b) or subdivision (c) of section 215.51 of the penal
31 law, (11) stalking in the fourth, third, second or first degree as
32 defined in sections 120.45, 120.50, 120.55 and 120.60 of the penal law,
33 (12) labor trafficking as defined in section 135.35 of the penal law,
34 [or] (13) sex trafficking as defined in section 230.34 of the penal law;
35 or (14) sex trafficking of a child as defined in section 230.34-a of the
36 penal law; a vulnerable elderly person or an incompetent or physically
37 disabled person as defined in section 260.31 of the penal law who incurs
38 a loss of savings as defined in subdivision twenty-four of this section;
39 or a person who has had a frivolous lawsuit filed against them.
40 § 22. Subdivision 1 of section 631 of the executive law, as amended by
41 section 22 of part A-1 of chapter 56 of the laws of 2010, is amended to
42 read as follows:
43 1. No award shall be made unless the office finds that (a) a crime was
44 committed, (b) such crime directly resulted in personal physical injury
45 to or the exacerbation of a preexisting disability, or condition, or
46 death of, the victim, and (c) criminal justice agency records show that
47 such crime was promptly reported to the proper authorities; and in no
48 case may an award be made where the criminal justice agency records show
49 that such report was made more than one week after the occurrence of
50 such crime unless the office, for good cause shown, finds the delay to
51 have been justified; provided, however, in cases involving an alleged
52 sex offense as contained in article one hundred thirty of the penal law
53 or incest as defined in section 255.25, 255.26 or 255.27 of the penal
54 law or labor trafficking as defined in section 135.35 of the penal law
55 or sex trafficking as defined in [section] sections 230.34 and 230.34-a
56 of the penal law or an offense chargeable as a family offense as
S. 5988--B 12
1 described in section eight hundred twelve of the family court act or
2 section 530.11 of the criminal procedure law, the criminal justice agen-
3 cy report need only be made within a reasonable time considering all the
4 circumstances, including the victim's physical, emotional and mental
5 condition and family situation. For the purposes of this subdivision,
6 "criminal justice agency" shall include, but not be limited to, a police
7 department, a district attorney's office, and any other governmental
8 agency having responsibility for the enforcement of the criminal laws of
9 the state provided, however, that in cases involving such sex offense a
10 criminal justice agency shall also mean a family court, a governmental
11 agency responsible for child and/or adult protective services pursuant
12 to title six of article six of the social services law and/or title one
13 of article nine-B of the social services law, and any medical facility
14 established under the laws of the state that provides a forensic phys-
15 ical examination for victims of rape and sexual assault.
16 § 23. Paragraph f of subdivision 1 of section 410 of the general busi-
17 ness law, as amended by chapter 80 of the laws of 2015, is amended to
18 read as follows:
19 f. Conviction of any of the following crimes subsequent to the issu-
20 ance of a license or registration pursuant to this article: fraud pursu-
21 ant to sections 170.10, 170.15, 176.15, 176.20, 176.25, 176.30 and
22 190.65; falsifying business records pursuant to section 175.10; grand
23 larceny pursuant to article 155; bribery pursuant to sections 180.03,
24 180.08, 180.15, 180.25, 200.00, 200.03, 200.04, 200.10, 200.11, 200.12,
25 200.45, 200.50; perjury pursuant to sections 210.10, 210.15, 210.40;
26 assault pursuant to sections 120.05, 120.10, 120.11, 120.12; robbery
27 pursuant to article 160; homicide pursuant to sections 125.25 and
28 125.27; manslaughter pursuant to sections 125.15 and 125.20; kidnapping
29 and unlawful imprisonment pursuant to sections 135.10, 135.20 and
30 135.25; unlawful weapons possession pursuant to sections 265.02, 265.03
31 and 265.04; criminal use of a weapon pursuant to sections 265.08 and
32 265.09; criminal sale of a weapon pursuant to sections 265.11 and
33 265.12; compelling prostitution pursuant to section 230.33; sex traf-
34 ficking pursuant to section 230.34; sex trafficking of a child pursuant
35 to section 230.34-a; and sex offenses pursuant to article 130 of the
36 penal law. Provided, however, that for the purposes of this article,
37 none of the following shall be considered criminal convictions or
38 reported as such: (i) a conviction for which an executive pardon has
39 been issued pursuant to the executive law; (ii) a conviction which has
40 been vacated and replaced by a youthful offender finding pursuant to
41 article seven hundred twenty of the criminal procedure law, or the
42 applicable provisions of law of any other jurisdiction; or (iii) a
43 conviction the records of which have been expunged or sealed pursuant to
44 the applicable provisions of the laws of this state or of any other
45 jurisdiction; and (iv) a conviction for which other evidence of success-
46 ful rehabilitation to remove the disability has been issued.
47 § 24. This act shall take effect on the ninetieth day after it shall
48 have become a law.
