Rpld §§230.00, 230.03 & 230.07, amd Pen L, generally; rpld §170.30 sub 4, amd CP L, generally; amd §6512, Ed
L; add §4519-b, CPLR; amd §§532-d, 214-d & 841, Exec L; amd §650, County L; amd §39, Town L; amd §§447-a,
447-b, 483-aa, 483-bb & 483-ee, Soc Serv L; add §97-bbbb, St Fin L; amd §3-118, NYC Ad Cd; amd §§305.2, 344.4
& 712, Fam Ct Act; amd §353, Mult Dwell L; amd §2324-a, Pub Health L; amd §231, RP L; amd §715, RPAP L; amd
§509-cc, V & T L
Relates to certain prostitution offenses and fines relating thereto; relates to motions to vacate judgment and motions for new sentencing; relates to investigation into acts alleged to be the unauthorized practice of massage therapy by potential victims of human trafficking; prohibits the possession of reproductive or sexual health devices from being permitted in specified criminal or civil proceedings as evidence of prostitution; relates to services for exploited individuals, services for victims of human trafficking and the interagency task force on human trafficking; establishes the victims of sexual exploitation fund; makes conforming changes; repeals provisions relating to prostitution, prostitution in a school zone, defense against patronizing a person for prostitution and a motion to dismiss information, simplified information, prosecutor's information or misdemeanor complaint.
STATE OF NEW YORK
________________________________________________________________________
2005
2025-2026 Regular Sessions
IN SENATE
January 14, 2025
___________
Introduced by Sens. KRUEGER, CLEARE, FERNANDEZ, LIU, MYRIE -- read twice
and ordered printed, and when printed to be committed to the Committee
on Codes
AN ACT to amend the penal law, in relation to certain prostitution
offenses and fines relating thereto; to amend the criminal procedure
law, in relation to motions to vacate judgment and motions for new
sentencing; to amend the education law, in relation to investigation
into acts alleged to be the unauthorized practice of massage therapy
by potential victims of human trafficking; to amend the civil practice
law and rules, the criminal procedure law and the executive law, in
relation to prohibiting possession of reproductive or sexual
health devices from being permitted in specified criminal or civil
proceedings as evidence of prostitution; to amend the executive law,
in relation to the maximum age at which a homeless youth can continue
to receive shelter services; to amend the executive law, in relation
to human trafficking and sexual exploitation awareness; to amend the
county law, in relation to duties of the sheriff; to amend the town
law, in relation to the duties of police officers and constables; to
amend the social services law, in relation to services for exploited
individuals, services for victims of human trafficking and the intera-
gency task force on human trafficking; to amend the state finance
law, in relation to establishing the victims of sexual exploitation
fund; to amend the administrative code of the city of New York, the
criminal procedure law, the family court act, the multiple dwelling
law, the public health law, the real property law, the real property
actions and proceedings law and the vehicle and traffic law, in
relation to making conforming changes; and to repeal section 230.00 of
the penal law relating to prostitution, section 230.03 of the penal
law relating to prostitution in a school zone, section 230.07 relating
to a defense against patronizing a person for prostitution, and subdi-
vision 4 of section 170.30 of the criminal procedure law relating to a
motion to dismiss information, simplified information,
prosecutor's information or misdemeanor complaint
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01865-01-5
S. 2005 2
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as the "sex trade
2 survivors justice and equality act".
3 § 2. Section 230.01 of the penal law, as amended by chapter 23 of the
4 laws of 2021, is amended to read as follows:
5 § 230.01 Prostitution; affirmative defense.
6 In any prosecution under [section 230.00, section 230.03,] section
7 230.19, section 230.20, subdivision [2] two of section 230.25, subdivi-
8 sion [2] two of section 230.30 or section 230.34-a of this article, it
9 is an affirmative defense that the defendant's participation in the
10 offense was a result of having been a victim of compelling prostitution
11 under section 230.33 of this article, a victim of sex trafficking under
12 section 230.34 of this article, a victim of sex trafficking of a child
13 under section 230.34-a of this article or a victim of trafficking in
14 persons under the trafficking victims protection act (United States
15 Code, Title 22, Chapter 78).
16 § 3. Section 230.02 of the penal law, as amended by chapter 627 of
17 laws of 1978, the section heading and subdivision 1 as amended by chap-
18 ter 368 of the laws of 2015, is amended to read as follows:
19 § 230.02 Patronizing a person for prostitution; definitions.
20 1. A person patronizes a person for prostitution when:
21 (a) Pursuant to a prior understanding, [he or she] such person pays a
22 fee, or anything of value, to another person as compensation for such
23 person or a third person having engaged in sexual conduct with [him or
24 her] such principal person; or
25 (b) [He or she] Such person pays or agrees to pay a fee, or anything
26 of value, to another person pursuant to an understanding that in return
27 therefor such person or a third person will engage in sexual conduct
28 with [him or her] such principal person; or
29 (c) [He or she] Such person solicits or requests another person to
30 engage in sexual conduct with [him or her] such principal person in
31 return for a fee, or anything of value.
32 2. As used in this article[,]:
33 (a) "person who is patronized" means the person with whom the defend-
34 ant engaged in sexual conduct or was to have engaged in sexual conduct
35 pursuant to the understanding, or the person who was solicited or
36 requested by the defendant to engage in sexual conduct;
37 (b) "prostitution" means the act of engaging in or agreeing to engage
38 in sexual conduct with another person in return for a fee or anything of
39 value that is given or received by a person.
40 § 4. Section 230.15 of the penal law, subdivisions 1 and 2 as amended
41 by chapter 368 of the laws of 2015, is amended to read as follows:
42 § 230.15 Promoting prostitution; definitions of terms.
43 The following definitions are applicable to this article:
44 1. "Advance prostitution." A person "advances prostitution" when,
45 acting other than as a person in prostitution [or as a patron thereof],
46 [he or she] such person knowingly causes or aids a person to commit or
47 engage in prostitution, procures or solicits patrons for prostitution,
48 provides persons or premises for prostitution purposes, operates or
49 assists in the operation of a house of prostitution or a prostitution
50 enterprise, or engages in any other conduct designed to institute, aid
51 or facilitate an act or enterprise of prostitution.
52 2. "Profit from prostitution." A person "profits from prostitution"
53 when, acting other than as a person in prostitution receiving compen-
S. 2005 3
1 sation for personally rendered prostitution services, [he or she] such
2 person accepts or receives money or other property pursuant to an agree-
3 ment or understanding with any person whereby [he or she] such principal
4 person participates or is to participate in the proceeds of prostitution
5 activity.
6 3. "Prostitution." "Prostitution" means the act of engaging in or
7 agreeing to engage in sexual conduct with another person in return for a
8 fee or anything of value that is given or received by a person.
9 § 5. Section 230.19 of the penal law, as added by chapter 191 of the
10 laws of 2011, subdivision 1 as amended by chapter 368 of the laws of
11 2015, is amended to read as follows:
12 § 230.19 Promoting prostitution in a school zone.
13 1. A person is guilty of promoting prostitution in a school zone when,
14 being nineteen years old or more, [he or she] such person knowingly
15 advances or profits from prostitution that [he or she] such person knows
16 or reasonably should know is or will be committed [in violation of
17 section 230.03 of this article] in a school zone during the hours that
18 school is in session.
19 2. For purposes of this section, "school zone" [shall mean "school
20 zone" as defined in subdivision two of section 230.03 of this article]
21 means (a) in or on or within any building, structure, athletic playing
22 field, playground or land contained within the real property boundary
23 line of a public or private elementary, parochial, intermediate, junior
24 high, vocational, or high school, or (b) any public sidewalk, street,
25 parking lot, park, playground or private land, located immediately adja-
26 cent to the boundary line of such school.
27 Promoting prostitution in a school zone is a class E felony.
28 § 6. Section 230.35 of the penal law, as amended by chapter 368 of the
29 laws of 2015, is amended to read as follows:
30 § 230.35 Promoting or compelling prostitution; accomplice.
31 In a prosecution for promoting prostitution or compelling prostitu-
32 tion, a person [less than eighteen years old] from whose prostitution
33 activity another person is alleged to have advanced or attempted to
34 advance or profited or attempted to profit shall not be deemed to be an
35 accomplice.
36 § 7. Subdivision 1 of section 80.05 of the penal law, as amended by
37 chapter 669 of the laws of 1984, is amended to read as follows:
38 1. Class A misdemeanor. A sentence to pay a fine for a class A misde-
39 meanor shall be a sentence to pay an amount, fixed by the court, not
40 exceeding one thousand dollars, provided, however, that a sentence
41 imposed for a violation of section 215.80 of this chapter may include a
42 fine in an amount equivalent to double the value of the property unlaw-
43 fully disposed of in the commission of the crime; provided however that
44 no sentence imposed by this section shall be imposed on any individual
45 sentenced under subdivision one of section 80.20 of this article.
46 § 8. The penal law is amended by adding a new section 80.20 to read as
47 follows:
48 § 80.20 Imposition of fines in relation to certain violations of article
49 230.
50 1. A person whose violation of section 230.04 of this chapter results
51 in a judicial disposition other than acquittal, adjournment in contem-
52 plation of dismissal or dismissal shall be required to pay a fine, as
53 fixed by the court based on the defendant's "net taxable income," as
54 defined in subdivision four of this section, which shall be determined
55 by the completion of a compulsory financial disclosure at the time of
56 sentencing. The fine shall be distributed to the victims of sexual
S. 2005 4
1 exploitation fund established by section ninety-seven-bbbb of the state
2 finance law. Notwithstanding any other provision of law, the penalty
3 imposed under this section shall be a substitute for any fines imposed
4 under subdivision one of section 80.05 of this article.
5 2. After the completion of a compulsory financial disclosure, if it is
6 determined that a defendant is in a financial position to pay a fine,
7 such defendant shall pay a fine calculated as provided in this subdivi-
8 sion. Except for individuals who are determined to be unable to pay a
9 fine, the schedule of fines shall be as follows:
10 Amount of net taxable income:Schedule of Fines:
11 (a) Less than thirty thousandFifty dollars
12 dollars
13 (b) Thirty thousand dollars orOne hundred dollars
14 more, but less than fifty
15 thousand dollars
16 (c) Fifty thousand dollars orTwo hundred dollars
17 more, but less than seventy-five
18 thousand dollars
19 (d) Seventy-five thousand dollarsThree hundred dollars
20 or more, but less than one hundred
21 thousand dollars
22 (e) One hundred thousand dollars orFive hundred dollars
23 more, but less than one hundred fifty
24 thousand dollars
25 (f) One hundred fifty thousandSeven hundred dollars
26 dollars or more, but less than two
27 hundred thousand dollars
28 (g) Greater than two hundredOne thousand dollars
29 thousand dollars
30 3. Notwithstanding any other provision of law, a person whose
31 violation of any offense enumerated under section 230.05, 230.06,
32 230.19, 230.20, 230.25, 230.30, 230.32, 230.33, 230.34, or 230.34-a of
33 this chapter that results in a judicial disposition other than acquit-
34 tal, adjournment in contemplation of dismissal or dismissal shall pay a
35 fine the sum of which will be calculated at the time of sentencing, on a
36 sliding scale, based on their net taxable income, which shall be deter-
37 mined by the completion of a compulsory financial disclosure. If it is
38 determined that such defendant is in a financial position to pay a
39 prescribed fine, such defendant shall pay a fine in one of the following
40 amounts to the court, to be distributed to the victims of sexual exploi-
41 tation fund established by section ninety-seven-bbbb of the state
42 finance law.
43 (a) A person convicted of a first offense shall pay a fine of not less
44 than one thousand dollars and not more than the maximum amount applica-
45 ble under section 80.00 of this article.
46 (b) A person convicted of a second offense shall pay a fine of not
47 less than five thousand dollars nor more than twenty-five thousand
48 dollars.
49 (c) A person convicted of a third or subsequent offense shall pay a
50 fine of not less than ten thousand dollars nor more than fifty thousand
51 dollars.
52 4. (a) If the defendant is assessed a fine or fee by the court but can
53 prove they will have financial difficulty paying the amount in one lump
54 sum an installment payment plan may be provided as described in this
55 subdivision. Any such installment payment plan shall include all fines,
56 fees and mandatory surcharges and shall consist of monthly payments that
S. 2005 5
1 do not exceed two percent of such person's monthly net taxable income or
2 ten dollars per month, whichever is greater. For the purpose of this
3 subdivision, the term "net taxable income" means a person's total income
4 from all sources and assets, minus deductions required by law including
5 but not limited to administrative or court-ordered garnishments and
6 support payments. A court or hearing officer may require the
7 submission of a financial disclosure report from all persons who opt to
8 enter into installment payment plans. A court or hearing officer also
9 may accept payments higher than the set amount, but may not undertake
10 additional collection activity so long as the person meets their obli-
11 gations under the installment payment plan. A court or hearing officer
12 may require a person entering installment payment plans to appear peri-
13 odically before such court or hearing officer, but no more frequently
14 than annually, to assess the financial circumstances of such person, and
15 may set a new payment amount if such person's financial circumstances
16 have changed. A person who enters into an installment payment plan and
17 experiences a reduction in net taxable income may petition the court or
18 hearing officer at any time to seek a reduction in the monthly payment.
19 (b) The court or hearing officer shall have the discretion in the
20 interests of justice to reduce or waive the amount of any fine, fee or
21 mandatory surcharge assessed for a violation of any of the provisions of
22 this chapter.
23 5. Fines collected under this article shall be deposited into the
24 victims of sexual exploitation fund created by section ninety-seven-bbbb
25 of the state finance law and distributed in the following manner:
26 (a) subject to the availability of funds, fifty percent shall be
27 distributed by the office of victim services to make grants to victims
28 of sexual exploitation fund created by section ninety-seven-bbbb of the
29 state finance law. Subject to the availability of funds, the office of
30 victim services shall make grants to victims of sexual exploitation and
31 sex trafficking who do not otherwise qualify for funds from the crime
32 victims compensation fund. Such available funds may be used to remedy
33 personal injury, loss of essential personal property, medical and coun-
34 seling services, lost wages, savings, or lost support, transportation,
35 occupational/vocational rehabilitation, use of shelters by victims and
36 their children, housing and moving expenses and other costs and/or
37 expenses as the task force deems appropriate.
38 (b) the remaining fifty percent of such funds shall be allocated to
39 various jurisdictions and localities as the interagency task force on
40 human trafficking deems appropriate in order to:
41 (1) develop, expand or strengthen programs for victims of human traf-
42 ficking and sexual exploitation, including:
43 (i) health services, including mental health services;
44 (ii) temporary and permanent housing placement;
45 (iii) legal and immigration services;
46 (iv) employment placement, education and training; and
47 (v) safe harbour programs for sexually exploited children;
48 (2) ensure prevention of human trafficking and sexual exploitation,
49 including increasing public awareness; and/or
50 (3) ensure protection of victims of human trafficking and sexual
51 exploitation, including training of first responders.
52 § 9. Section 230.00 of the penal law is REPEALED.
53 § 10. Section 230.03 of the penal law is REPEALED.
54 § 11. Section 230.07 of the penal law is REPEALED.
55 § 12. Section 1.20 of the criminal procedure law is amended by adding
56 a new subdivision 46 to read as follows:
S. 2005 6
1 46. "Vacatur" of convictions under paragraph (i) of subdivision one of
2 section 440.10 of this chapter means, to dismiss the judgment, to
3 dismiss the accusatory instrument, and mark all records as vacated based
4 on the merits. The court shall make a copy of all official records and
5 papers available to the defendant.
6 § 13. The criminal procedure law is amended by adding a new section
7 440.46-b to read as follows:
8 § 440.46-b Motion for resentence; persons convicted of certain prostitu-
9 tion offenses.
10 1. When a person has been convicted, whether by trial verdict or guil-
11 ty plea, under former section 230.00, 230.03 or 240.37 of the penal law,
12 then the chief administrative judge of the state of New York shall, in
13 accordance with this section, automatically vacate, dismiss and expunge
14 such conviction in accordance with section 160.50 of this chapter, and
15 the office of court administration shall immediately notify the state
16 division of criminal justice services, state department of corrections
17 and community supervision and the appropriate local correctional facili-
18 ty which shall immediately effectuate the appropriate relief. Such
19 notification to the division of criminal justice services shall also
20 direct that such agency notify all relevant police and law enforcement
21 agencies of their duty to destroy and/or mark records related to such
22 case in accordance with section 160.50 of this chapter. Nothing in this
23 section shall prevent a person who believes their sentence is required
24 by this section to be vacated, dismissed and/or expunged from filing a
25 petition with the court to effectuate all appropriate relief.
26 2. (a) When a person has been convicted in this state, whether by
27 trial verdict or guilty plea, under former section 230.00, 230.03 or
28 240.37 of the penal law, then such person may petition the court of
29 conviction pursuant to this article for vacatur of such conviction.
30 (b) Upon receiving a served and filed motion under paragraph (a) of
31 this subdivision, the court shall presume the movant satisfies the
32 criteria in such paragraph (a) and shall grant the motion to vacate such
33 conviction unless the party opposing the motion proves, by clear and
34 convincing evidence, that the movant does not satisfy the criteria. If
35 the movant satisfies the criteria, the court shall grant the motion to
36 vacate the conviction if: (i) the conviction was by plea of guilty, on
37 grounds that such plea was not knowing, voluntary and intelligent owing
38 to ongoing consequences; and (ii) the conviction was by verdict or
39 otherwise, on grounds that such conviction and sentence constitutes
40 cruel and unusual punishment under the state constitution owing to such
41 ongoing consequences; and may, if the petition meets the criteria in
42 subparagraph (i) of this paragraph, after affording the parties an
43 opportunity to be heard and present evidence, substitute, unless it is
44 not in the interests of justice to do so, a conviction for an appropri-
45 ate lesser offense under article two hundred thirty of the penal law.
46 (c) In the event of any vacatur pursuant to this subdivision, the
47 office of court administration shall immediately notify the state divi-
48 sion of criminal justice services concerning such determination. Such
49 notification to the division of criminal justice services shall also
50 direct that such agency notify all relevant police and law enforcement
51 agencies of their duty to destroy and/or mark records related to such
52 case in accordance with section 160.50 of this chapter, and update such
53 agencies' records accordingly.
54 3. The chief administrator of the courts shall promulgate all neces-
55 sary rules and make available all necessary forms to enable the filing
56 of the petitions and applications provided in this section no later than
S. 2005 7
1 sixty days following the effective date of this section. All sentences
2 eligible for automatic vacatur, dismissal and expungement pursuant to
3 subdivision one of this section shall be identified and the required
4 entities notified within one year of the effective date of this section.
5 § 14. Section 6512 of the education law is amended by adding a new
6 subdivision 3 to read as follows:
7 3. If the department conducts an investigation into acts alleged to be
8 the unauthorized practice of massage therapy under article one hundred
9 fifty-five of this chapter, the department shall consider whether or not
10 the individual who allegedly committed the acts did so as a result of
11 having been a victim of compelling prostitution under section 230.33, of
12 sex trafficking under section 230.34 or of sex trafficking of a child
13 under section 230.34-a of the penal law. In the event that the depart-
14 ment suspects that such individual has been the victim of one or more
15 such offenses, the department shall make an immediate referral of the
16 matter to local service providers, as defined by the Safe Harbour For
17 Exploited Children Act or by the office of children and family services.
18 If the department subsequently reports the matter to the attorney gener-
19 al with a request for prosecution, the department shall inform the
20 attorney general of such suspicions and referral.
21 § 15. The civil practice law and rules is amended by adding a new
22 section 4519-b to read as follows:
23 § 4519-b. Possession of reproductive or sexual health devices; receipt
24 into evidence. 1. Evidence that a person was in possession of a condom
25 or other reproductive or sexual health device may not be received in
26 evidence in any trial, hearing or proceeding in relation to any allega-
27 tion of a misdemeanor offense pursuant to subdivision one of section
28 twelve and article ten of the multiple dwelling law, sections twelve-a
29 and twenty-three hundred twenty of the public health law, section two
30 hundred thirty-one of the real property law or subdivision five of
31 section seven hundred eleven and section seven hundred fifteen of the
32 real property actions and proceedings law, or by any law, local law or
33 ordinance of a municipality or political subdivision of the state, or
34 any word, rule, or regulation of any governmental instrumentality
35 authorized by law to adopt the same as evidence of conduct which would
36 constitute an offense defined in article two hundred thirty of the penal
37 law.
38 2. "Reproductive or sexual health device" shall include, but shall not
39 be limited to, any contraceptive or other tool used to prevent unwanted
40 pregnancy or the transmission of HIV or other sexually transmitted
41 diseases, including but not limited to male condoms, female condoms,
42 lubricants, pre-exposure prophylaxis (PrEP), post-exposure prophylaxis
43 (PEP), HIV anti-retroviral medication, spermicide, hormonal methods,
44 emergency contraception, diaphragm, cervical cap, or sponge.
45 § 16. Section 60.47 of the criminal procedure law, as amended by chap-
46 ter 23 of the laws of 2021, is amended to read as follows:
47 § 60.47 Possession of condoms or other reproductive or sexual health
48 device; receipt into evidence for allegations of misdemeanor
49 offenses.
50 1. Evidence that a person was in possession of one or more condoms or
51 other reproductive or sexual health device may not be admitted at any
52 trial, hearing, or other proceeding in a prosecution for [section
53 230.00] any misdemeanor offense, or an attempt to commit any misdemeanor
54 offense, defined in article two hundred thirty of the penal law, or
55 section sixty-five hundred twelve of the education law, or any law,
56 local law or ordinance of a municipality or political subdivision of
S. 2005 8
1 state, or any word, rule or regulation of any governmental instrumen-
2 tality authorized by law to adopt the same, for the purpose of estab-
3 lishing probable cause for an arrest or proving any person's commission
4 or attempted commission of such offense.
5 2. "Reproductive or sexual health device" shall include, but shall not
6 be limited to, any contraceptive or other tool used to prevent unwanted
7 pregnancy or the transmission of HIV or other sexually transmitted
8 diseases, including but not limited to male condoms, female condoms,
9 lubricants, pre-exposure prophylaxis (PrEP), post-exposure prophylaxis
10 (PEP), HIV anti-retroviral medication, spermicide, hormonal methods,
11 emergency contraception, diaphragm, cervical cap, or sponge.
12 § 17. Paragraph (c) of subdivision 1 of section 532-d of the executive
13 law, as amended by section 5 of part M of chapter 56 of the laws of
14 2017, is amended to read as follows:
15 (c) A homeless youth who entered a transitional independent living
16 program under the age of [twenty-one] twenty-four may continue to
17 receive shelter services in such program beyond the applicable period
18 authorized by paragraph (b) of this subdivision, if the municipality has
19 notified the office of children and family services in accordance with
20 clause (iv) of subparagraph three of paragraph a of subdivision two of
21 section four hundred twenty of this chapter;
22 § 18. Section 214-d of the executive law, as added by chapter 368 of
23 the laws of 2015, is amended to read as follows:
24 § 214-d. Human trafficking and sexual exploitation awareness. The
25 superintendent, in consultation with the office of temporary and disa-
26 bility assistance, the office of children and family services, and the
27 division of criminal justice services, shall:
28 [(1)] 1. (a) develop, maintain and disseminate to all members of the
29 state police, including new and veteran officers, written policies,
30 procedures and educational materials relating to human trafficking and
31 sexually exploited victims, including but not limited to, (i) services
32 available for victims of human trafficking and services available for
33 victims of sexual exploitation, as referenced in section four hundred
34 eighty-three-bb of the social services law, and title eight-A of article
35 six of the social services law; and (ii) education on the impact of the
36 trauma and emotional harm experienced by victims of human trafficking
37 and sexual exploitation; and
38 [(2)] (b) establish and implement trauma informed written procedures
39 and policies in the event a member of the division of state police
40 encounters an individual believed to be a victim of human trafficking,
41 or victim of sexual exploitation which shall include, but not be limited
42 to, the provision of information and/or referral to an appropriate
43 provider of social and legal services to human trafficking, or sexually
44 exploited victims[, in accordance with such section four hundred eight-
45 y-three-bb]; and
46 (c) establish and implement trauma informed written procedures and
47 policies in the event a member of the division of state police encount-
48 ers such victim, including the provision of information and referral to
49 the appropriate services.
50 2. In the development of such program, the commissioners, and super-
51 intendent of state police shall seek the recommendations of a broad
52 range of experts such as social service providers, certified and
53 licensed social workers, others with educational expertise in human
54 trafficking, sexual exploitation, intimate partner violence, sexual
55 assault, reproductive and sexual health care, and serving lesbian, gay,
56 bisexual, transgender and questioning individuals.
S. 2005 9
1 3. The superintendent shall make available to all local law enforce-
2 ment all materials, trainings, and resources developed pursuant to this
3 chapter.
4 § 19. Section 650 of the county law is amended by adding a new subdi-
5 vision 3 to read as follows:
6 3. The sheriff, in any county with greater than one hundred thousand
7 residents according to the most recent census, shall, for all members of
8 the department:
9 (a) adopt, maintain, and disseminate written policies, and educational
10 materials, regarding human trafficking and sexual exploitation, includ-
11 ing, but not limited to: (i) services available for victims of human
12 trafficking or sexual exploitation; and (ii) education on the impact of
13 the trauma and emotional harm experienced by victims of human traffick-
14 ing and sexual exploitation;
15 (b) establish, and implement on an ongoing basis, a training program
16 for all current and new employees regarding the policies and procedures
17 established pursuant to this section; and
18 (c) establish and implement trauma informed written procedures and
19 policies in the event a member of the police department encounters such
20 victim, including the provision of information and referral to the
21 appropriate services.
22 § 20. Section 39 of the town law, as amended by chapter 476 of the
23 laws of 2018, is amended to read as follows:
24 § 39. Powers and duties of constables and town police officers. 1.
25 Constables and town police officers shall have all the power and author-
26 ity conferred upon constables by the general laws of the state and such
27 additional powers, not inconsistent with law, as shall be conferred upon
28 them by the town board. They shall be subject to the general authority
29 and direction of the town board and to such orders and regulations as
30 the town board may prescribe, not inconsistent with law.
31 2. The chief constable or police officer, in any town with greater
32 than one hundred thousand residents according to the most recent census,
33 shall, for all members of the department:
34 (a) adopt, maintain, and disseminate written policies, and educational
35 materials, regarding human trafficking and sexual exploitation, includ-
36 ing, but not limited to:
37 (i) services available for victims of human trafficking or sexual
38 exploitation; and
39 (ii) education on the impact of the trauma and emotional harm experi-
40 enced by victims of human trafficking and sexual exploitation;
41 (b) establish, and implement on an ongoing basis, a training program
42 for all current and new employees regarding the policies and procedures
43 established pursuant to this section; and
44 (c) establish and implement trauma informed written procedures and
45 policies in the event a member of the police department encounters such
46 victim, including the provision of information and referral to the
47 appropriate services.
48 § 21. Section 841 of the executive law is amended by adding a new
49 subdivision 7-c to read as follows:
50 7-c. Take such steps as may be necessary to ensure that all police
51 officers and peace officers certified pursuant to subdivision three of
52 this section receive appropriate instruction regarding the evidentiary
53 prohibition set forth in section 60.47 of the criminal procedure law and
54 section forty-five hundred nineteen-b of the civil practice law and
55 rules relating to the use of condoms and other reproductive or sexual
56 health devices as evidence in certain misdemeanor trials, hearings or
S. 2005 10
1 proceedings, or as a basis for probable cause for arrest, including that
2 unauthorized seizure or confiscation of condoms and other reproductive
3 or sexual health devices as a breach of public policy;
4 § 22. Section 447-a of the social services law, as added by chapter
5 569 of the laws of 2008, subdivision 1 as amended by chapter 189 of the
6 laws of 2018, paragraphs (c) and (d) of subdivision 1 as amended by
7 chapter 23 of the laws of 2021, subdivision 2 as amended by section 8 of
8 part M of chapter 56 of the laws of 2017, and subdivisions 4 and 5 as
9 amended by section 1 of part G of chapter 58 of the laws of 2010, is
10 amended to read as follows:
11 § 447-a. Definitions. As used in this title:
12 1. The term "sexually exploited [child] individual" means any person
13 under the age of [eighteen] twenty-four at the time of identification
14 who has been subject to sexual exploitation because [he or she] such
15 person:
16 (a) is the victim of the crime of sex trafficking as defined in
17 section 230.34 of the penal law or the crime of sex trafficking of [a
18 child] an individual as defined in section 230.34-a of the penal law; or
19 (b) [engages in any act as defined in section 230.00 of the penal law;
20 (c)] is a victim of the crime of compelling prostitution as defined in
21 section 230.33 of the penal law[;
22 (d) engages in acts or conduct described in article two hundred
23 sixty-three of the penal law].
24 2. The term "short-term safe house" means a residential facility oper-
25 ated by an authorized agency as defined in subdivision ten of section
26 three hundred seventy-one of this article including a residential facil-
27 ity operating as part of a runaway and homeless youth crisis services
28 program as defined in subdivision four of section five hundred thirty-
29 two-a of the executive law or a not-for-profit agency with experience in
30 providing services to sexually exploited youth and approved in accord-
31 ance with the regulations of the office of children and family services
32 that provides emergency shelter, services and care to sexually exploited
33 [children] individuals including food, shelter, clothing, medical care,
34 counseling and appropriate crisis intervention services at the time they
35 are taken into custody by law enforcement and for the duration of any
36 legal proceeding or proceedings in which they are either the complaining
37 witness or the subject [child] individual. The short-term safe house
38 shall also be available at the point in time that [a child] an individ-
39 ual under the age of [eighteen] twenty-four has first come into the
40 custody of juvenile detention officials, law enforcement, local jails or
41 the local commissioner of social services or is residing with the local
42 runaway and homeless youth authority.
43 3. The term "advocate" means an employee of the short-term safe house
44 defined in subdivision two of this section that has been trained to work
45 with and advocate for the needs of sexually exploited [children] indi-
46 viduals. The advocate shall accompany the [child] individual to all
47 court appearances and will serve as a liaison between the short-term
48 safe house and the court.
49 4. The term "safe house" means a residential facility operated by an
50 authorized agency as defined in subdivision ten of section three hundred
51 seventy-one of this article including a residential facility operating
52 as part of an approved runaway program as defined in subdivision four of
53 section five hundred thirty-two-a of the executive law or a not-for-pro-
54 fit agency with experience in providing services to sexually exploited
55 youth and approved in accordance with the regulations of the office of
56 children and family services that provides shelter for sexually
S. 2005 11
1 exploited [children] individuals. In addition, a long-term safe house
2 may be operated by a transitional independent living support program as
3 defined in subdivision six of section five hundred thirty-two-a of the
4 executive law. A safe house serving sexually exploited [children] indi-
5 viduals as defined in this title shall provide or assist in securing
6 necessary services for such sexually exploited [children] individuals
7 either through direct provision of services, or through written agree-
8 ments with other community and public agencies for the provision of
9 services including but not limited to housing, assessment, case manage-
10 ment, medical care, legal, mental health and substance and alcohol abuse
11 services. Where appropriate such safe house in accordance with a service
12 plan for such sexually exploited [child] individual may also provide
13 counseling and therapeutic services, educational services including life
14 skills services and planning services to successfully transition resi-
15 dents back to the community. Nothing in the provisions of this title or
16 article nineteen-H of the executive law shall prevent [a child] an indi-
17 vidual who is the subject of a proceeding which has not reached final
18 disposition from residing at the safe house for the duration of that
19 proceeding nor shall it prevent any sexually exploited [child] individ-
20 ual who is not the subject of a proceeding from residing at the safe
21 house. [An] For individuals under the age of eighteen, an advocate
22 employed by a short-term safe house or other appropriate staff of a
23 short-term safe house shall, to the maximum extent possible, preferably
24 within twenty-four hours but within no more than seventy-two hours
25 following a sexually exploited [child's] individual's admission into the
26 program other than pursuant to a court order, notify such [child's]
27 individual's parent, guardian or custodian of [his or her] such individ-
28 ual's physical and emotional condition and the circumstances surrounding
29 the [child's] individual's presence at the program, unless there are
30 compelling circumstances why the parent, guardian or custodian should
31 not be so notified. Where such circumstances exist, the advocate or
32 other appropriate staff member shall either file an appropriate petition
33 in the family court, refer the youth to the local social services
34 district, or in instances where abuse or neglect is suspected, report
35 such case pursuant to title six of this article.
36 5. The term "community-based program" means a program operated by a
37 not-for-profit organization that provides services such as street
38 outreach, voluntary drop-in services, peer counseling, individual coun-
39 seling, family-therapy and referrals for services such as educational
40 and vocational training and health care. Any such community-based
41 program may also work with the safe house serving sexually exploited
42 [children] individuals as defined in this title to provide transitional
43 services to such [children] individuals returning to the community.
44 § 23. Section 447-b of the social services law, as added by chapter
45 569 of the laws of 2008, subdivisions 1, 2, 3, 5 and 6 as amended by
46 section 2 of part G of chapter 58 of the laws of 2010, is amended to
47 read as follows:
48 § 447-b. Services for exploited [children] individuals. 1. Notwith-
49 standing any inconsistent provision of law, pursuant to regulations of
50 the office of children and family services, every local social services
51 district shall as a component of the district's multi-year consolidated
52 services child welfare services plan address the [child] welfare
53 services needs of sexually exploited [children] individuals and to the
54 extent that funds are available specifically therefor ensure that a
55 short-term safe house or another short-term safe placement such as an
56 approved runaway and homeless youth program, approved respite or crisis
S. 2005 12
1 program providing crisis intervention or respite services or community-
2 based program to serve sexually exploited [children] individuals is
3 available to [children] individuals residing in such district. Nothing
4 in this section shall prohibit a local social services district from
5 utilizing existing respite or crisis intervention services already oper-
6 ated by such social services district or homeless youth programs or
7 services for victims of human trafficking pursuant to article ten-D of
8 this chapter so long as the staff members have received appropriate
9 training approved by the office of children and family services regard-
10 ing sexually exploited [children] individuals and the existing programs
11 and facilities provide a safe, secure and appropriate environment for
12 sexually exploited [children] individuals. Crisis intervention
13 services, short-term safe house care and community-based programming
14 may, where appropriate, be provided by the same not-for-profit agency.
15 Local social services districts may work cooperatively to provide such
16 short-term safe house or other short-term safe placement, services and
17 programming and access to such placement, services and programming may
18 be provided on a regional basis, provided, however, that every local
19 social services district shall to the extent that funds are available
20 ensure that such placement, services and programs shall be readily
21 accessible to sexually exploited [children] individuals residing within
22 the district.
23 2. All of the services created under this title may, to the extent
24 possible provided by law, be available to all sexually exploited [chil-
25 dren] individuals whether they are accessed voluntarily, as a condition
26 of an adjournment in contemplation of dismissal issued in criminal
27 court, through the diversion services created under section seven
28 hundred thirty-five of the family court act, through a proceeding under
29 article three of the family court act, a proceeding under article ten of
30 the family court act or through a referral from a local social services
31 agency.
32 3. The capacity of the crisis intervention services and community-
33 based programs in subdivision one of this section shall be based on the
34 number of sexually exploited [children] individuals in each district who
35 are in need of such services. A determination of such need shall be made
36 in two thousand ten and every five years thereafter in every social
37 services district by the local commissioner of social services and be
38 included in the integrated county plan. Such determination shall be made
39 in consultation with local law enforcement, runaway and homeless youth
40 program providers, local probation departments, local social services
41 commissioners, the runaway and homeless youth coordinator for the local
42 social services district, local law guardians, presentment agencies,
43 public defenders and district attorney's offices and child advocates and
44 services providers who work directly with sexually exploited youth.
45 4. In determining the need for and capacity of the services created
46 under this section, each local social services district shall recognize
47 that sexually exploited youth have separate and distinct service needs
48 according to gender and, where a local social services district deter-
49 mines that the need exists, to the extent that funds are available,
50 appropriate programming shall be made available.
51 5. To the extent funds are specifically appropriated therefor, the
52 office of children and family services shall contract with an appropri-
53 ate not-for-profit agency with experience working with sexually
54 exploited [children] individuals to operate at least one long-term safe
55 house in a geographically appropriate area of the state which shall
56 provide safe and secure long term housing and specialized services for
S. 2005 13
1 sexually exploited [children] individuals throughout the state. The
2 appropriateness of the geographic location shall be determined taking
3 into account the areas of the state with high numbers of sexually
4 exploited [children] individuals and the need for sexually exploited
5 [children] individuals to find shelter and long term placement in a
6 region that cannot be readily accessed by the perpetrators of sexual
7 exploitation. The need for more than one long-term safe house shall be
8 determined by the office of children and family services based on the
9 numbers and geographical location of sexually exploited [children] indi-
10 viduals within the state. Nothing herein shall be construed to preclude
11 an agency from applying for and accepting grants, gifts and bequests of
12 funds from private individuals, foundations and the federal government
13 for the purpose of creating or carrying out the duties of a long-term
14 safe house.
15 6. The local social services commissioner may, to the extent that
16 funds are available, in conjunction with the division of criminal
17 justice services and local law enforcement officials, contract with an
18 appropriate not-for-profit agency with experience working with sexually
19 exploited [children] individuals to train law enforcement officials who
20 are likely to encounter sexually exploited [children] individuals in the
21 course of their law enforcement duties on the provisions of this section
22 and how to identify and obtain appropriate services for sexually
23 exploited [children] individuals. Local social services districts may
24 work cooperatively to provide such training and such training may be
25 provided on a regional basis. The division of criminal justice services
26 shall assist local social services districts in obtaining any available
27 funds for the purposes of conducting law enforcement training from the
28 federal justice department and the office of juvenile justice and delin-
29 quency prevention.
30 § 24. Subdivision (a) of section 483-aa of the social services law, as
31 added by chapter 74 of the laws of 2007, is amended to read as follows:
32 (a) "Human trafficking victim" means a person who is a victim of sex
33 trafficking as defined in section 230.34 of the penal law or a victim of
34 labor trafficking as defined in section 135.35 of the penal law or,
35 where a commercial sex act is induced by force, fraud, or coercion, or
36 in which the person induced to perform such act has not attained eigh-
37 teen years of age, or as defined under section 12 of 22 U.S. Code § 7102
38 - Sex Trafficking. ("sex trafficking" means the recruitment, harboring,
39 transportation, provision, obtaining, patronizing, or soliciting of a
40 person for the purpose of a commercial sex act).
41 § 25. Subdivision (a) of section 483-bb of the social services law, as
42 added by chapter 74 of the laws of 2007, is amended and a new subdivi-
43 sion (d) is added to read as follows:
44 (a) The office of temporary and disability assistance [may] shall
45 coordinate with and assist law enforcement agencies and district attor-
46 ney's offices to access appropriate services for human trafficking
47 victims.
48 (d) Annually the provision of such services shall be reviewed and
49 evaluated to ensure that victims of human trafficking are able to access
50 and to utilize such services in an appropriate and helpful manner by the
51 interagency task force on human trafficking created in section four
52 hundred eighty-three-aa of this article. If the task force determines
53 that the services prescribed herein are not appropriate, not being
54 accessed or utilized the task force shall determine protocols to ensure
55 that such services are more accessible and are more readily available.
S. 2005 14
1 § 26. Section 483-ee of the social services law, as amended by chapter
2 413 of the laws of 2016, subdivision (a) as amended by chapter 496 of
3 the laws of 2023 and subdivision (b) as amended by chapter 497 of the
4 laws of 2023, is amended to read as follows:
5 § 483-ee. Establishment of interagency task force on human traffick-
6 ing. (a) There is established an interagency task force on trafficking
7 in persons, which shall consist of the following members or their desig-
8 nees: (1) the commissioner of the division of criminal justice services;
9 (2) the commissioner of the office of temporary and disability assist-
10 ance; (3) the commissioner of health; (4) the commissioner of the office
11 of mental health; (5) the commissioner of labor; (6) the commissioner of
12 the office of children and family services; (7) the commissioner of the
13 office of addiction services and supports; (8) the director of the
14 office of victim services; (9) the executive director of the office for
15 the prevention of domestic violence; (10) the superintendent of the
16 division of state police; (11) the secretary of state; and the following
17 additional members, who shall be promptly appointed by the governor,
18 each for a term of two years, provided that such person's membership
19 shall continue after such two year term until a successor is appointed
20 and provided, further, that a member may be reappointed if again recom-
21 mended in the manner specified in this subdivision: (12) two members,
22 who shall be appointed on the recommendation of the temporary president
23 of the senate; (13) two members, who shall be appointed on the recommen-
24 dation of the speaker of the assembly; (14) two members, who shall be
25 appointed on the recommendation of the not-for-profit organization in
26 New York state that receives the largest share of funds, appropriated by
27 and through the state budget, for providing services to victims of human
28 trafficking, as shall be identified annually in writing by the director
29 of the budget; and (15) one member, who shall be appointed on the recom-
30 mendation of the president of the New York state bar association; and
31 others as may be necessary to carry out the duties and responsibilities
32 under this section. An effort shall be made to include representatives
33 from the following groups of people: survivors of human trafficking,
34 survivors of sexual exploitation, service providers from various
35 geographic areas of the state, representatives of women's rights organ-
36 izations, representatives of the lesbian gay bisexual transgender and
37 queer populations and representatives from various ethnic demographics
38 across New York state. The task force will be co-chaired by the commis-
39 sioners of the division of criminal justice services and the office of
40 temporary and disability assistance, or their designees. It shall meet
41 as often as is necessary, but no less than three times per year, and
42 under circumstances as are appropriate to fulfilling its duties under
43 this section. All members shall be provided with written notice reason-
44 ably in advance of each meeting with date, time and location of such
45 meeting.
46 (b) The task force shall: (1) collect and organize data on the nature
47 and extent of crimes related to trafficking and sexual exploitation of
48 in persons in the state; (2) identify available federal, state and local
49 programs that provide services to victims of trafficking, including but
50 not limited to case management, housing, health care, mental health
51 counseling, drug addiction screening and treatment, language interpreta-
52 tion and translation services, English language instruction, job train-
53 ing and placement assistance, post-employment services for job
54 retention, and services to assist the individual and any of [his or her]
55 such individual's family members to establish a permanent residence in
56 New York state or the United States; (3) consult with governmental and
S. 2005 15
1 non-governmental organizations in developing recommendations to
2 strengthen state and local efforts to prevent trafficking, protect and
3 assist victims of trafficking and prosecute traffickers; (4) establish
4 interagency protocols and collaboration between federal, state, and
5 local law enforcement, state and governmental agencies, child welfare
6 agencies, and non-governmental organizations; (5) evaluate approaches to
7 increase public awareness about trafficking and make recommendations on
8 such approaches; (6) evaluate the effectiveness of training programs on
9 human trafficking that have been designed for law enforcement personnel,
10 criminal defense attorneys, social service providers and non-governmen-
11 tal organizations, and make recommendations for improving the quality
12 and effectiveness of such programs, as well as ensure that said training
13 is occurring on an annual basis; (7) measure and evaluate the progress
14 of the state in preventing trafficking, protecting and providing assist-
15 ance to victims of trafficking, and prosecuting persons engaged in traf-
16 ficking; (8) evaluate the use of social media in and its contribution to
17 human trafficking; and (9) convene any subcommittee necessary, provided
18 such subcommittee has at least one of the members appointed by the
19 speaker of the assembly, temporary president of the senate or governor,
20 to consider specific issues, including, but not limited to: federal,
21 state and/or local cooperation; juveniles and human trafficking; the
22 importance of training and who should receive such training; how data is
23 compiled and shared; and services for and treatment of domestic versus
24 foreign born victims.
25 (c) The task force shall report to the governor, the speaker of the
26 assembly, the minority leader of the assembly, the temporary president
27 of the senate and the minority leader of the senate no less than annual-
28 ly, and it shall additionally issue such reports and recommendations as
29 it deems necessary to carry out its duties and responsibilities.
30 (d) The task force shall work with the state education department to
31 create and implement additional sexual education for students in second-
32 ary school that includes information as it relates to prostitution, its
33 inherent violence and impact on public and individual health.
34 § 27. The state finance law is amended by adding a new section 97-bbbb
35 to read as follows:
36 § 97-bbbb. Victims of sexual exploitation fund. 1. There is estab-
37 lished in the joint custody of the state comptroller and the commission-
38 er of the department of taxation and finance a fund to be known as the
39 "victims of sexual exploitation fund".
40 2. The victims of sexual exploitation fund shall consist of monies
41 received by the state pursuant to section 80.20 of the penal law and all
42 other fees, fines, grants, bequests or other monies credited, appropri-
43 ated or transferred thereto from any other fund or source.
44 3. Monies of the victims of sexual exploitation fund, following appro-
45 priation by the legislature and allocation by the director of the budget
46 shall be made available for grants to victims and local assistance
47 services and expenses of programs to provide services to victims of
48 sexual exploitation as determined by the office of victim services and
49 the interagency task force on human trafficking.
50 § 28. Subdivision a of section 3-118 of the administrative code of the
51 city of New York, as amended by chapter 189 of the laws of 2018, the
52 third undesignated paragraph as amended by chapter 23 of the laws of
53 2021, is amended to read as follows:
54 a. For the purposes of this section, the following terms have the
55 following meanings:
S. 2005 16
1 Homeless youth. The term "homeless youth" means persons under the age
2 of [21] 24 who are in need of services and are without a place of shel-
3 ter where supervision and care are available.
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 former section 230.00 of the penal law; (c) are a victim of
9 the 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 (e) engage in acts
12 or conduct described in article two hundred sixty-three 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 one hundred
17 thirty of the penal law.
18 § 29. Subdivision 4 of section 170.30 of the criminal procedure law is
19 REPEALED.
20 § 30. Section 60.42 of the criminal procedure law, as amended by
21 section 1 of part R of chapter 55 of the laws of 2019, subdivision 3 as
22 amended by chapter 777 of the laws of 2023, is amended to read as
23 follows:
24 § 60.42 Rules of evidence; admissibility of evidence of victim's sexual
25 conduct in sex offense cases.
26 Evidence of a victim's sexual conduct shall not be admissible in a
27 prosecution for an offense or an attempt to commit an offense defined in
28 article one hundred thirty or in section 230.34 of the penal law unless
29 such evidence:
30 1. proves or tends to prove specific instances of the victim's prior
31 sexual conduct with the accused; or
32 2. [proves or tends to prove that the victim has been convicted of an
33 offense under section 230.00 of the penal law within three years prior
34 to the sex offense which is the subject of the prosecution; or
35 3.] rebuts evidence introduced by the people of the victim's failure
36 to engage in vaginal sexual contact, oral sexual contact, anal sexual
37 contact or sexual contact during a given period of time; or
38 [4.] 3. rebuts evidence introduced by the people which proves or tends
39 to prove that the accused is the cause of pregnancy or disease of the
40 victim, or the source of semen found in the victim; or
41 [5.] 4. is determined by the court after an offer of proof by the
42 accused outside the hearing of the jury, or such hearing as the court
43 may require, and a statement by the court of its findings of fact essen-
44 tial to its determination, to be relevant and admissible in the inter-
45 ests of justice.
46 § 31. The opening paragraph of subdivision 1 of section 170.80 of the
47 criminal procedure law, as amended by chapter 23 of the laws of 2021, is
48 amended to read as follows:
49 Notwithstanding any other provision of law, at any time at or after
50 arraignment on a charge of prostitution pursuant to former section
51 230.00 of the penal law, after consultation with counsel, a knowing and
52 voluntary plea of guilty has been entered to such charge, any judge or
53 justice hearing any stage of such case may, upon consent of the defend-
54 ant after consultation with counsel:
S. 2005 17
1 § 32. Subdivision 2 of section 420.35 of the criminal procedure law,
2 as amended by chapter 23 of the laws of 2021, is amended to read as
3 follows:
4 2. Except as provided in this subdivision or subdivision two-a of this
5 section, under no circumstances shall the mandatory surcharge, sex
6 offender registration fee, DNA databank fee or the crime victim assist-
7 ance fee be waived. A court shall waive any mandatory surcharge, DNA
8 databank fee and crime victim assistance fee when: (i) the defendant is
9 convicted of prostitution under former section 230.00 of the penal law;
10 (ii) the defendant is convicted of a violation in the event such
11 conviction is in lieu of a plea to or conviction for prostitution under
12 former section 230.00 of the penal law; (iii) the court finds that a
13 defendant is a victim of sex trafficking under section 230.34 of the
14 penal law or a victim of trafficking in persons under the trafficking
15 victims protection act (United States Code, Title 22, Chapter 78); or
16 (iv) the court finds that the defendant is a victim of sex trafficking
17 of a child under section 230.34-a of the penal law.
18 § 33. Subdivision 4 of section 720.15 of the criminal procedure law,
19 as amended by chapter 23 of the laws of 2021, is amended to read as
20 follows:
21 4. Notwithstanding any provision in this article, a person charged
22 with prostitution as defined in former section 230.00 of the penal law
23 regardless of whether such person (i) had prior to commencement of trial
24 or entry of a plea of guilty been convicted of a crime or found a youth-
25 ful offender, or (ii) subsequent to such conviction for prostitution is
26 convicted of a crime or found a youthful offender, the provisions of
27 subdivisions one and two of this section requiring or authorizing the
28 accusatory instrument filed against a youth to be sealed, and the
29 arraignment and all proceedings in the action to be conducted in private
30 shall apply.
31 § 34. Subdivision 1 of section 720.35 of the criminal procedure law,
32 as amended by chapter 23 of the laws of 2021, is amended to read as
33 follows:
34 1. A youthful offender adjudication is not a judgment of conviction
35 for a crime or any other offense, and does not operate as a disquali-
36 fication of any person so adjudged to hold public office or public
37 employment or to receive any license granted by public authority but
38 shall be deemed a conviction only for the purposes of transfer of super-
39 vision and custody pursuant to section two hundred fifty-nine-m of the
40 executive law. A defendant for whom a youthful offender adjudication was
41 substituted, who was originally charged with prostitution as defined in
42 former section 230.00 of the penal law, shall be deemed a "sexually
43 exploited [child] individual" as defined in subdivision one of section
44 four hundred forty-seven-a of the social services law and therefore
45 shall not be considered an adult for purposes related to the charges in
46 the youthful offender proceeding or a proceeding under section 170.80 of
47 this chapter.
48 § 35. Paragraph (d) of subdivision 4 of section 305.2 of the family
49 court act, as added by section 3 of part G of chapter 58 of the laws of
50 2010, is amended to read as follows:
51 (d) take the child who such officer has decided to take into custody
52 in accordance with this section [or section 305.1 of this part for
53 violating the provisions of section 230.00 of the penal law,] to an
54 available short-term safe house as defined in subdivision two of section
55 four hundred forty-seven-a of the social services law; or
S. 2005 18
1 § 36. Section 344.4 of the family court act, as added by chapter 761
2 of the laws of 1987, subdivision 3 as amended by chapter 777 of the laws
3 of 2023, is amended to read as follows:
4 § 344.4. Rules of evidence; admissibility of evidence of victim's
5 sexual conduct in sex offense cases. Evidence of a victim's sexual
6 conduct shall not be admissible in a juvenile delinquency proceeding for
7 a crime or an attempt to commit a crime defined in article one hundred
8 thirty of the penal law unless such evidence:
9 1. proves or tends to prove specific instances of the victim's prior
10 sexual conduct with the accused; or
11 2. [proves or tends to prove that the victim has been convicted of an
12 offense under section 230.00 of the penal law within three years prior
13 to the sex offense which is the subject of the juvenile delinquency
14 proceeding; or
15 3.] rebuts evidence introduced by the presentment agency of the
16 victim's failure to engage in vaginal sexual contact, oral sexual
17 contact, anal sexual contact or sexual contact during a given period of
18 time; or
19 [4.] 3. rebuts evidence introduced by the presentment agency which
20 proves or tends to prove that the accused is the cause of pregnancy or
21 disease of the victim, or the source of semen found in the victim; or
22 [5.] 4. is determined by the court after an offer of proof by the
23 accused, or such hearing as the court may require, and a statement by
24 the court of its findings of fact essential to its determination, to be
25 relevant and admissible in the interests of justice.
26 § 37. Subdivision (a) of section 712 of the family court act, as sepa-
27 rately amended by chapters 92 and 97 of the laws of 2021, is amended to
28 read as follows:
29 (a) "Person in need of supervision". A person less than eighteen years
30 of age: (i) who does not attend school in accordance with the provisions
31 of part one of article sixty-five of the education law; (ii) who is
32 ungovernable or habitually disobedient and beyond the lawful control of
33 a parent or other person legally responsible for such child's care, or
34 other lawful authority; (iii) who violates the provisions of former
35 section 230.00 of the penal law; (iv) or who appears to be a sexually
36 exploited [child] individual as defined in paragraph (a)[, (c)] or [(d)]
37 (b) of subdivision one of section four hundred forty-seven-a of the
38 social services law, but only if the child consents to the filing of a
39 petition under this article.
40 § 38. Subdivision 2 of section 353 of the multiple dwelling law, as
41 amended by chapter 680 of the laws of 1967, is amended to read as
42 follows:
43 2. If there be two or more convictions in such dwelling within a peri-
44 od of six months, under [sections 230.00,] section 230.25[,] or 230.40
45 of the penal law.
46 § 39. Section 2324-a of the public health law, as amended by chapter
47 189 of the laws of 2018, is amended to read as follows:
48 § 2324-a. Presumptive evidence. For the purposes of this title, two or
49 more convictions of any person or persons had, within a period of one
50 year, for any of the offenses described in section [230.00,] 230.05,
51 230.06, 230.08, 230.11, 230.12, 230.13, 230.20, 230.25, 230.30, 230.32
52 or 230.34-a of the penal law arising out of conduct engaged in at the
53 same real property consisting of a dwelling as that term is defined in
54 subdivision four of section four of the multiple dwelling law shall be
55 presumptive evidence of conduct constituting use of the premises for
56 purposes of prostitution.
S. 2005 19
1 § 40. Subdivision 3 of section 231 of the real property law, as
2 amended by chapter 368 of the laws of 2015, is amended to read as
3 follows:
4 3. For the purposes of this section, two or more convictions of any
5 person or persons had, within a period of one year, for any of the
6 offenses described in section [230.00,] 230.05, 230.06, 230.11, 230.12,
7 230.13, 230.20, 230.25, 230.30, 230.32 or 230.40 of the penal law aris-
8 ing out of conduct engaged in at the same premises consisting of a
9 dwelling as that term is defined in subdivision four of section four of
10 the multiple dwelling law shall be presumptive evidence of unlawful use
11 of such premises and of the owners knowledge of the same.
12 § 41. Subdivision 2 of section 715 of the real property actions and
13 proceedings law, as amended by chapter 368 of the laws of 2015, is
14 amended to read as follows:
15 2. For purposes of this section, two or more convictions of any person
16 or persons had, within a period of one year, for any of the offenses
17 described in section [230.00,] 230.05, 230.06, 230.11, 230.12, 230.13,
18 230.20, 230.25, 230.30, 230.32 or 230.40 of the penal law arising out of
19 conduct engaged in at the same real property consisting of a dwelling as
20 that term is defined in subdivision four of section four of the multiple
21 dwelling law shall be presumptive evidence of conduct constituting use
22 of the premises for purposes of prostitution.
23 § 42. Paragraph (c) of subdivision 4 of section 509-cc of the vehicle
24 and traffic law, as amended by chapter 92 of the laws of 2021, is
25 amended to read as follows:
26 (c) The offenses referred to in subparagraph (i) of paragraph (b) of
27 subdivision one and subparagraph (i) of paragraph (c) of subdivision two
28 of this section that result in disqualification for a period of five
29 years shall include a conviction under sections 100.10, 105.13, 115.05,
30 former sections 120.03, 120.04, 120.04-a, 120.05, 120.10, 120.25,
31 121.12, 121.13, 125.40[,] and 125.45, sections 130.20, 130.25, 130.52,
32 130.55, 135.10, 135.55, 140.17, 140.25, 140.30, 145.12, 150.10, 150.15,
33 160.05, 160.10, 220.06, 220.09, 220.16, 220.31, 220.34, 220.60, 220.65,
34 subdivision two of section 222.50, subdivision two of section 222.55,
35 former section 230.00, sections 230.05, 230.06, 230.11, 230.12, 230.13,
36 230.19, 230.20, 235.05, 235.06, 235.07, 235.21, 240.06, 245.00, 260.10,
37 subdivision two of section 260.20 and sections 260.25, 265.02, 265.03,
38 265.08, 265.09, 265.10, 265.12, 265.35 of the penal law or an attempt to
39 commit any of the aforesaid offenses under section 110.00 of the penal
40 law, or any similar offenses committed under a former section of the
41 penal law, or any offenses committed under a former section of the penal
42 law which would constitute violations of the aforesaid sections of the
43 penal law, or any offenses committed outside this state which would
44 constitute violations of the aforesaid sections of the penal law.
45 § 43. Severability. If any provision or term of this act is for any
46 reason declared unconstitutional or invalid or ineffective by any compe-
47 tent jurisdiction, such decision shall not affect the validity of the
48 effectiveness of the remaining portions of this act or any part thereof.
49 § 44. This act shall take effect on the sixtieth day after it shall
50 have become a law; provided that the amendments to section 483-ee of the
51 social services law made by section twenty-six of this act shall not
52 affect the repeal of such section and shall be deemed repealed there-
53 with. Effective immediately the addition, amendment and/or repeal of
54 any rule or regulation necessary for the implementation of this act on
55 its effective date are authorized to be made and completed on or before
56 such date.
