A02240 Summary:

BILL NOA02240D
 
SAME ASSAME AS S05879-B
 
SPONSORPaulin (MS)
 
COSPNSRDinowitz, Scarborough, Rosenthal, Cook, Lavine, Zebrowski, Abbate, Cusick, Englebright, Galef, Gunther, Jaffee, Magnarelli, Markey, Millman, Moya, Roberts, Weisenberg, Sepulveda, Stirpe, Kearns, Otis, Buchwald, Titus, Skoufis, Simotas, Schimel, Ryan, Russell, Quart, Pretlow, Perry, Lifton, Kellner, Hevesi, Clark, Bronson, Brindisi, Barrett, Arroyo, Weprin, Steck, Corwin, Curran, Fitzpatrick, Garbarino, Johns, Katz, McLaughlin, Saladino, Stec, Tedisco, Titone, Morelle, Mosley, Graf, Braunstein, Skartados, Miller, Camara, Schimminger, Hooper, Rozic, Ortiz, Brook-Krasny, Kavanagh, Cymbrowitz, Gantt, Davila, Malliotakis, Gottfried, Wright
 
MLTSPNSRAbinanti, Barclay, Brennan, Colton, Crespo, DiPietro, Fahy, Farrell, Finch, Gjonaj, Glick, Goldfeder, Heastie, Hennessey, Hikind, Jacobs, Lentol, Lupardo, Magee, Mayer, McDonald, McDonough, Montesano, Palmesano, Peoples-Stokes, Ra, Raia, Ramos, Rivera, Robinson, Rodriguez, Santabarbara, Simanowitz, Solages, Sweeney, Tenney, Thiele, Walter
 
Amd Pen L, generally; amd SS700.05, 380.50 & 440.10, CP L; amd SS483-bb & 483-cc, Soc Serv L; amd S212, CPLR; amd S14, Chap 74 of 2007; amd S10.03, Ment Hyg L; amd SS168-a & 168-d, Cor L; amd S509-cc, add S510-d, V & T L; amd S2324-a, Pub Health L; amd SS715 RPAP L, amd S231, RP L; amd S840, add S214-d, Exec L
 
Enacts the trafficking victims protection and justice act.
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A02240 Actions:

BILL NOA02240D
 
01/09/2013referred to codes
03/19/2013amend (t) and recommit to codes
03/19/2013print number 2240a
05/23/2013amend (t) and recommit to codes
05/23/2013print number 2240b
01/08/2014referred to codes
01/24/2014amend (t) and recommit to codes
01/24/2014print number 2240c
03/21/2014amend and recommit to codes
03/21/2014print number 2240d
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A02240 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2240D
 
SPONSOR: Paulin (MS)
  TITLE OF BILL: An act to amend the penal law, the criminal procedure law, the social services law, the civil practice law and rules, the mental hygiene law, the correction law, the vehicle and traffic law, the public health law, the real property actions and proceedings law, and the real property law, in relation to enacting the "trafficking victims protection and justice act"; to amend the penal law, in relation to prostitution in a school zone; to amend chapter 74 of the laws of 2007 amending the penal law, the criminal procedure law, the correction law, the social services law, and the executive law relating to human traf- ficking, in relation to extending the interagency task force on human trafficking for four years; and to amend the executive law, in relation to human trafficking awareness   PURPOSE: This bill would improve the State's response to human traf- ficking and increase the accountability of buyers and traffickers by, among other things: (i) conforming the ages of victims in certain pros- titution offenses under Article 230 of the Penal Law to the ages of victims of rape offenses under Article 130 of the Penal Law; (ii) making sex trafficking a Class B violent felony and certain cases of labor trafficking a Class D violent felony, and creating the new offense of aggravated labor trafficking; and (iii) creating three aggravated patronizing offenses where the person patronized is a minor: aggravated patronizing a minor for prostitution in the third degree, a Class E felony; aggravated patronizing a minor for prostitution in the second degree, a Class D felony; and aggravated patronizing a minor for prosti- tution in the first degree, a Class B felony. This bill would also improve the school zone prostitution law by adding as a Class E felony the offense of patronizing a person for prostitution in a school zone. The legislation also provides a civil remedy to victims to recover damages and reasonable attorney's fees from their perpetrators. Further, the bill provides for increasing awareness among law enforcement regard- ing identifying human trafficking,victims and referral of services to victims by requiring the superintendent of police, in consultation with the office of temporary and disability assistance (OTDA) and the divi- sion of criminal justice services (DCJS), to develop and disseminate to all members of the state police written policies and education materials relating to human trafficking victims and to establish and implement written procedures in the event state police encounters an individual believed to be a human trafficking victim. Additionally, the bill eliminates the term "prostitute" used in the Penal Law and replaces it with "person for prostitution."   SUMMARY OF PROVISIONS: Section 1 provides that the act shall be known and may be cited as the "trafficking victims protection and justice act". Section 2 amends section 60.13 of the Penal Law, as added by Chapter 7 of the Laws of 2007, to add aggravated patronizing a minor for prostitu- tion in the third degree as defined in section 230.11, aggravated patronizing a minor for prostitution in the second degree as defined in section 230.12, and aggravated patronizing a minor for prostitution in the first degree as defined in section 230.13, as felony sex offenses. Section 3 amends paragraphs (a) and (c) of subdivision 1 of section 70.02 of the Penal Law, paragraph (a) as amended by Chapter 320 of the Laws of 2006, and paragraph (c) as amended by Chapter 1 of the Laws of 2013, to add sex trafficking as defined in paragraphs (a) and (b) of subdivision five of section 230.34 of the Penal Law as a Class B violent felony offense, and to add labor trafficking as defined in paragraphs (a) and (b) of subdivision three of section 135.35 of the Penal Law as a Class D violent felony offense. Section 4 amends paragraph (a) of subdivision 1 of section 70.80 of the Penal Law, as added by Chapter 7 of the Laws of 2007, to add patronizing a person for prostitution in the second degree, aggravated patronizing a minor for prostitution in the third degree, aggravated patronizing a minor for prostitution in the second degree and aggravated patronizing a minor for prostitution in the first degree as felony sex offenses. Section 5 amends section 135.35 of the Penal Law, as added by Chapter 74 of the Laws of 2007, to delete as a ground for the offense of labor trafficking unlawfully providing a controlled substance to a person with intent to impair such person's judgment. Section 6 amends the Penal Law by adding a new section 135.37 to create the offense of aggravated labor trafficking, a Class C felony. A person is guilty of aggravated labor trafficking if he or she compels or induces another to engage in labor or recruits, entices, harbors, or transports such other person to engage in labor by means of inten- tionally unlawfully providing a controlled substance to such person with intent to impair such person's judgment. Section 7 amends paragraph (a) of subdivision 1 of section 460.10 of the Penal Law, as amended by Chapter 405 of the Laws of 2010, by adding to the list of felonies that are defined as a "criminal act" aggravated labor trafficking under section 135.37 of the Penal Law. Section 8 amends paragraphs (b) and (h) of subdivision 8 of section 700.05 of the Criminal Procedure Law, paragraph (b) as amended by Chap- ter 405 of the Laws of 2010, and paragraph (h) as amended by Chapter 154 of the Laws of 1990, by adding as a "designated offense" in the list of felonies aggravated .labor trafficking under section 135.37 of the Penal Law, and the offense of promoting prostitution in the third degree, as defined in section 230.25 of the Penal Law. Section 9 amends the Penal Law by adding a new section 230.01 to provide for an affirmative defense in any prosecution under section 230.00, section 230.03 or section 240.37(2) of the Penal Law that the defend- ant's participation in the offense was a result of having been a victim of compelling prostitution under section 230.33 of the Penal Law, a victim of sex trafficking under section 230.34 of the Penal Law or a victim of trafficking under the federal Trafficking Victims Protection Act. Section 10 amends section 230.02 of the Penal Law, as amended by Chapter 627 of the Laws of 1978, to replace the term "prostitute" with "person for prostitution" and to make the section gender neutral. Section 11 amends subdivision 2 of section 230.03 of the Penal Law, as added by Chapter 191 of the Laws of 2011, to provide that the definition of school zone also applies for purposes of section 230.08, patronizing a person for prostitution in a school zone. Section 12 amends section 230.04 of the Penal Law, as amended by Chapter 74 of the Laws of 2007, to replace the term "prostitute" with "person for prostitution." Section 13 amends section 230.05 of the Penal Law, as amended by Chapter 627 of the Laws of 1978, to provide that a person is guilty of patroniz- ing a person for prostitution in the second degree when being 18 years old or more, he or she patronizes a person for prostitution and the person patronized is less than 15 years old. Current law provides that a person is guilty of this offense where he is over age 18 and the person patronized is less than 14 years old. The section also replaces the term "prostitute" with "person for prostitution" and makes the section gender neutral. Section 14 amends section 230.06 of the Penal Law, as added by Chapter 627 of the Laws of 1978, to add that a person is guilty of patronizing a person for prostitution in the first degree when being 18 years old or more he or she patronizes a person for prostitution and the person patronized is less than 13 years old. The section also replaces the term "prostitute" with "person for prostitution" and makes the section gender neutral. Section 15 amends section 230.07 of the Penal Law, as amended by Chapter 74 of the Laws of 2007, to provide that the defense under said section applies in a prosecution for patronizing a person for prostitution in a school zone. Section 16 amends the Penal Law by adding a new section 230.08 to provide a new offense, patronizing a person for prostitution in a school zone. A person is guilty of patronizing a person for prostitution in a school zone when, being 21 years old or more, he or she patronizes a person for prostitution and the person patronized is less than 18 years old at a place that he or she knows, or reasonably should know, is in a school zone. Patronizing a person for prostitution in a school zone is a Class E felony. Section 17 amends section 230.10 of the Penal Law to replace the term "prostitute" with "person for prostitution." Section 18 amends the Penal Law by adding three new sections 230.11, 230.12 and 230.13. New section 230.11 creates the new offense of aggra- vated patronizing a minor for prostitution in the third degree. A person is guilty of aggravated patronizing a minor for prostitution in the third degree when, being 21 years old or more, he or she patronizes a person for prostitution and the person patronized is less than 17 years old and the person guilty of patronizing engages in sexual inter- course, oral sexual conduct, anal sexual conduct, or aggravated sexual conduct, with the person patronized. Aggravated patronizing a minor for prostitution in the third degree is a Class E felony. New section 230.12 creates the new offense of aggravated patronizing a minor for prostitution in the second degree. A person is guilty of aggravated patronizing a minor for prostitution in the second degree when, being 18 years old or more, he or she patronizes a person for prostitution and the person patronized is less than 15 years old and the person guilty of patronizing engages in sexual intercourse, oral sexual conduct, anal sexual conduct, or aggravated sexual conduct, with the person patronized. Aggravated patronizing a minor for prostitution in the second degree is a Class D felony. New section 230.13 creates the new offense of aggravated patronizing a minor for prostitution in the first degree. A person is guilty of aggra- vated patronizing a minor for prostitution in the first degree when he or she patronizes a person for prostitution and the person patronized is less than 11 years old, or the person patronized is less than 13 years old and the person patronizing a person for prostitution is 18 years old or more, and in either case the person guilty of patronizing engages in sexual intercourse, oral sexual conduct, anal sexual conduct, or aggra- vated sexual conduct, with the person patronized. Aggravated patronizing a minor for prostitution in the first degree is a Class B felony. Section 19 amends subdivisions 1 and 2 of section 230.15 of the Penal Law to replace the term "prostitute" with "person for prostitution" and makes the section gender neutral. Section 20 amends subdivision 1 of section 230.19 of the Penal Law, as added by Chapter 191 of the Laws of 2011, to make a technical language change. Section 21 amends the opening paragraph and subdivision 1 of section 230.25 of the Penal Law, the opening paragraph as amended by Chapter 627 of the Laws of 1978 and subdivision 1 as amended by Chapter 74 of the Laws of 2007, to replace the term "prostitute" with "person for prosti- tution" and makes the section gender neutral. Section 22 amends section 230.30 of the Penal Law, as amended by Chapter 627 of the Laws of 1978, to provide that a person is guilty of promoting prostitution in the second degree when he or she knowingly advances or profits from prostitution of a person less than 18 years old, rather than 16 years old under current law. This section also makes said section 230.30 gender neutral. Section 23 amends section 230.32 of the Penal Law, as added by Chapter 627 of the Laws of 1978, by providing that a person is guilty of promot- ing prostitution in the first degree when he or she knowingly advances or profits from prostitution of a person less than 13 years old, in lieu of less than 11 years old, or being 21 years old or more, he or she knowingly advances or profits from prostitution of a person less than 15 years old. Section 24 amends section 230.33 of the Penal Law, as added by Chapter 450 of the Laws of 2005, by providing that a person is guilty of compel- ling prostitution when, being 18 years old or more (in lieu of 21 years old or more), he or she knowingly advances prostitution by compelling by force or intimidation a person less than 18 years old (in lieu of less than 16 years old), to engage in prostitution. Section 25 amends section 230.35 of the Penal Law, as amended by Chapter 450 of the Laws of 2005, by providing that in a prosecution for promot- ing prostitution or compelling prostitution, a person less than 18 years old from whose prostitution activity another person is alleged to have advanced or attempted to advance or profited or attempted to profit shall not be deemed to be an accomplice. Current law provides that a person less than 17 years old under such circumstances shall not be deemed an accomplice. Section 26 amends section 230.40 of the Penal Law to add that a person is guilty of permitting prostitution when, having possession or control of a vehicle that he or she knows is being used for prostitution or for the purpose of advancing prostitution, he or she fails to make reason- able effort to halt or abate such use. Section 27 amends subdivision 2 of section 240.37 of the Penal Law, as added by Chapter 344 of the Laws of 1976, and adds a new subdivision 3 to add that any person who remains or wanders about in a public place and repeatedly beckons to, or repeatedly stops, or repeatedly attempts to stop, or repeatedly attempts to engage passers-by in conversation, or repeatedly stops or attempts to stop motor vehicles, or repeatedly interferes with the free passage of other persons, for the purpose of patronizing a person for prostitution is guilty of a violation and is guilty of a Class B misdemeanor if such person has previously been convicted of a violation of this section or of sections 230.04, 230.05, 230.06 or 230.08 of the Penal Law. Section 28 amends subdivision 6 of section 380.50 of the Criminal Proce- dure Law, as amended by Chapter 320 of the Laws of 2006, to add to the list of enumerated offenses for which a defendant is sentenced offenses under sections 230.11, aggravated patronizing a minor for prostitution in the third degree, 230.12, aggravated patronizing a minor for prosti- tution in the second degree, and 230.13, aggravated patronizing a minor for prostitution in the first degree, wherein the prosecutor shall, within 60 days of the imposition of sentence provide the victim with a form on which the victim may indicate a demand to be informed of any petition to change the name of such defendant. Section 29 amends paragraph (i) of subdivision 1 of section 440.10 of the Criminal Procedure Law, as added by Chapter 332 of the Laws of 2010, to add to the ground upon which the court may vacate judgment where the judgment is a conviction where the arresting charge was under section 230.03 of the Penal Law (prostitution in a school zone), and the defend- ant's participation in the offense was a result of having been a victim of labor trafficking under section 135.35 of the Penal Law, aggravated labor trafficking under section 135.37 of the Penal Law, or compelling prostitution under section 230.33 of the Penal Law in addition to sex trafficking under section 230.34 of the Penal Law or trafficking under the federal Trafficking Victims Protection Act. The section further makes reference to compelling prostitution in connection with the requirements of the motion and the presumption that a defendant's participation in the offense was a result of having been a victim of sex trafficking, compelling prostitution or trafficking in persons. Section 30 amends section 483-bb of the Social Services Law by adding a new subdivision (c) to provide for the ability of a victim of conduct prohibited by section 230.33, 230.34, 135.35 or 135.37 of the Penal Law to bring a civil action to recover damages and reasonable attorney's fees against the perpetrator or whoever knowingly advances or profits from, or whoever should have known he or she was advancing or profiting from, an act in violation of any of such sections. Section 31 amends section 212 of the Civil Practice Law and Rules by adding a new subdivision (e) to add to the actions to be commenced with- in 10 years an action by a victim of sex trafficking, compelling prosti- tution, labor trafficking or aggravated labor trafficking brought under section 483-bb(c) of the Social Services Law, provided that such 10-year period shall not begin to run and shall be tolled during any period in which the Victim is or remains subject to such conduct. Section 32 amends subdivision (a) of section 483-cc of the Social Services Law, as added by Chapter 74 of the Laws of 2007, to provide that as soon as practicable after a first encounter with a person who reasonably appears to be a human trafficking victim to an established provider of social or legal services designated by the Office of Tempo- rary and Disability Assistance (OTDA), the Office for the Prevention of Domestic Violence or the Office of Victim Services in addition to a law enforcement agency or district attorney's office, the law enforcement agency or district attorney's office shall notify OTDA and the Division of Criminal Justice Services (DCJS) that such person may be eligible for services under this article or, in the case of an established provider of social or legal services, shall notify OTDA and DCJS if such victim consents to seeking services pursuant to this article. Section 33 amends Section 14 of Chapter 74 of the Laws of 2007, amending the Penal Law, the Criminal Procedure Law, the Correction Law, the Social Services Law, and the Executive Law relating to human traffick- ing, as amended by Chapter 24 of the Laws of 2011, is amended to provide that this act shall take effect on the first of November next succeeding the date on which it shall have become a law; provided that section 483-ee of the Social Services Law, as added by section eleven of this act, shall take effect immediately and shall remain in full force and effect until September 1, 2018 when the provisions of such section shall expire and be deemed repealed. Section 34 amends subdivision (p) of section 10.03 of the Mental Hygiene Law, as added by Chapter 7 of the Laws of 2007, to add as a sex offense aggravated patronizing a minor for prostitution in the first degree under section 230.13 of the Penal Law, aggravated patronizing a minor for prostitution in the second degree under section 230.12 of the Penal Law, and aggravated patronizing a minor for prostitution in the third degree under section 230.11 of the Penal Law. The section also replaces the term "prostitute" with "person for prostitution." Section 35 amends subparagraph (i) of paragraph (a) of subdivision 2 of section 168-a of the Correction Law, as amended by Chapter 405 of the Laws of 2008, to add as a sex offense aggravated patronizing a minor for prostitution in the third degree under 230.11 of the Penal Law, aggra- vated patronizing a minor for prostitution in the second degree under section 230.12 of the Penal Law, and aggravated patronizing a minor for prostitution in the first degree under section 230.13 of the Penal Law, sex trafficking under section 230.34 of the Penal Law, and promoting prostitution in the third degree under section 230.25 of the Penal Law where the person prostituted is in fact less than 17 years old. Section 36 amends paragraph (b) of subdivision 1 of section 168-d of the Correction Law, as amended by Chapter 74 of the Laws of 2007, to replace the term "prostitute" with "person for prostitution" and the term years "of age" to "old." Section 37 amends paragraph (c) of subdivision 4 of section 509-cc of the Vehicle and Traffic Law, as amended by Chapter 400 of the Laws of 2011, to add to the enumerated offenses of which a person is convicted that results in the disqualification for five years of such person from operating a school bus aggravated patronizing a minor for prostitution in the third degree under 230.11 of the Penal Law, aggravated patroniz- ing a minor for prostitution in the second degree under section 230.12 of the Penal Law, aggravated patronizing a minor for prostitution in the first degree under section 230.13 of the Penal Law, and promoting pros- titution in a school zone under section 230.19 of the Penal Law. Section 38 amends the Vehicle and Traffic Law by adding a new section 510-d to provide for the suspension for one year a class E driver's license where the holder is convicted of a violation of section 230.20, 230.25, 230.30 230.32, 230.34 or 230.40 of the Penal Law and the holder used a for hire motor vehicle to commit such crime. This section further provides for the revocation of a class E driver's license when the hold- er, who had his or her driver's license suspended as provided in this subdivision within the last 10 years, is convicted of a second violation of section 230.20, 230.25, 230.30 230.32, 230.34 or 230.40 of the Penal Law and the holder used a for hire motor vehicle to commit such crime. Section 39 amends section 2324-a of the public health law, as amended by Chapter 260 of the Laws of 1978, to add to the enumerated offenses patronizing a person for prostitution in the first degree under section 230.06 of the Penal Law, patronizing a person for prostitution in a school zone under section 230.08 of the Penal Law, aggravated patroniz- ing a minor for prostitution in the third degree under 230.11 of the Penal Law, aggravated patronizing a minor for prostitution in the second degree under section 230.12 of the Penal Law, aggravated patronizing a minor for prostitution in the first degree under section 230.13 of the Penal Law, and promoting prostitution in the first degree under section 230.32 of the Penal Law. Two or more convictions of any of the enumer- ated offenses within a one-year period arising out of conduct at a dwelling as defined shall be presumptive evidence of conduct constitut- ing use of the premises for purposes of prostitution. Section 40 amends subdivision 2 of section 715 of the Real Property Actions and Proceedings Law, as added by Chapter 494 of the Laws of 1976, to add to the enumerated offenses patronizing a person for prosti- tution in the first degree under section 230.06 of the Penal Law, aggra- vated patronizing a minor for prostitution in the third degree under 230.11 of the Penal Law, aggravated patronizing a minor for prostitution in the second degree under section 230.12 of the Penal Law; aggravated patronizing a minor for prostitution in the first degree under section 230.13 of the Penal Law, and promoting prostitution in the first degree under section 230.32 of the Penal Law. Two or more convictions of any of the enumerated offenses within a one-year period arising out of conduct at a dwelling as defined shall be presumptive evidence of conduct constituting use of the premises for purposes of prostitution. Section 41 amends subdivision 3 of section 231 of the Real Property Law, as amended by Chapter 203 of the Laws of 1980, to add to the enumerated offenses patronizing a person for prostitution in the first degree under section 230.06 of the Penal Law, aggravated patronizing a minor for prostitution in the third degree under 230.11 of the Penal Law, aggra- vated patronizing a minor for prostitution in the second degree under section 230.12 of the Penal Law, aggravated patronizing a minor for prostitution in the first degree under section 230.13 of the Penal Law, and promoting prostitution in the first degree under section 230.32 of the Penal Law. Two or more convictions of any of the enumerated offenses within a one-year period arising out of conduct at a dwelling as defined shall be presumptive evidence of unlawful use of such premises and the owner's knowledge of the same. Section 42 amends subdivision 3 of section 840 of the Executive Law by adding a new paragraph (f-1) to require the Municipal Police Training Council to develop, maintain and disseminate, in consultation with OTDA and DCJS, written policies and procedures regarding human trafficking victims. Such policies and procedures shall include identification of potential victims of human trafficking and information and/or referral to appropriate social and legal services for human trafficking victims in accordance with section 483-bb of the Social Services Law. Section 43 amends the Executive Law by adding a new section 214-d to require the Superintendent of State Police, in consultation with OTDA and DCJS, to develop, maintain and disseminate to all members of the State Police, including new and veteran officers, written policies, procedures and educational materials relating to human trafficking victims, including services available for such victims as referenced in section 483-bb of the Social Services Law, and to establish and imple- ment written procedures and policies in the event a member of the State Police encounters an individual believed to be a victim of human traf- ficking, which shall include the provision of information and/or refer- ral to an appropriate provider of social and legal services to human trafficking victims in accordance with section 483-bb of the Social Services Law. Section 44 sets forth the severability clause. Section 45 provides that notwithstanding the provisions of Article 5 of the General Construction Law, the provisions of section 483-ee of the Social Services Law, as added by Chapter 74 of the Laws of 2007, are revived and shall continue in full force and effect as such provisions existed on August 31, 2013. Section 46 sets forth the effective date as the ninetieth day after it shall have become law; provided however that sections 32 and 45 of this act shall take effect immediately.   JUSTIFICATION: Since 2007, New York State has taken significant meas- ures to hold accountable sex and labor traffickers, sex tourism opera- tors and others who organize, promote, advance, support and patronize the trafficking industry. The State has also taken important steps in recent years to acknowledge that many individuals facing prosecution for engaging in prostitution are, in fact, victims of human trafficking. This legislation improves in several significant ways the State's response to human trafficking by enhancing protection of and assistance to victims of trafficking, particularly in instances of commercial sexu- al exploitation of children, and increasing the accountability of buyers and traffickers who are fueling the growth of this massive underground industry. Conforming penalties. This bill creates the felony sex offenses of aggravated patronizing a minor in the third degree (Penal Law 230.11), the second degree (Penal Law 230.12), and the first degree (Penal Law 230.13) to conform the penalties for patronizing with those for statuto- ry rape. Currently, an individual convicted of patronizing a minor for prostitution receives a lesser penalty than one who rapes a minor of the same age. For example, an 18-year old found guilty of raping a 12-year old is convicted of a class B felony sex offense; however, an 18-year old found guilty of patronizing a 12-year old is convicted of a class E felony. This distinction undercuts the legislative finding, expressed in the Safe Harbour for Exploited Youth Act (the "Safe Harbor Act"), that minors in prostitution are sexually exploited children as defined in Social Services Law § 447-a(1). Imposing a lesser penalty for individ- uals who pay to abuse suggests that the exchange of money mitigates the magnitude of the offense. Making the crimes of aggravated patronizing a minor sex offenses (amend- ing Penal Law sections 60.13 and 70.80(1)(a)) also furthers the legisla- tive goal of recognizing commercial sexual exploitation of children as a form of child sexual abuse. Consistency within the Penal Law. The bill creates consistency within the Penal Law by aligning the ages of victims in each degree of patron- izing a prostituted minor crimes with the age delineated in the corre- sponding degree of rape offense. For the crime of patronizing a person for prostitution in the second degree (Penal Law § 230.05), the age of the victim is changed from less than 14 to less than 15, where the patronizer is 18 years old or more. The crime of patronizing a person for prostitution in the first degree (Penal Law § 230.06) is amended to include an individual who is 18 years old or more and patronizes a person less than 13 years old. The crime of promoting prostitution in the second degree (Penal Law § 230.30) is amended to include situations where the age of the promoter is less than 18 years old instead of under 16. The crime of promoting prostitution in the first degree (Penal Law § 230,32) is amended to include situations where the age of the child promoted is under 13 instead of under 11, and where the child promoted is under 15 and the person promoting the child is 21 years old or more. The crime of compelling prostitution (Penal Law § 230.33) is amended to include situations in which the child compelled is under 18 rather than under 16 by a person 18 years old or more rather than 21 years old or more. Lastly, a person less than 18 instead of less than 17 will not be deemed an accomplice in promoting or compelling prostitution under Penal Law § 230.35. Affirmative defense to prostitution. This bill establishes sex traffick- ing as an affirmative defense to prostitution (new § 230.01 of the Penal Law), In 2010, the Criminal Procedure Law was amended to enable sex trafficking victims to vacate prostitution convictions (§ 440.10(1)(i)). Providing an affirmative defense to prostitution where the defendant asserts that he or she is a victim of sex trafficking will prompt defense counsel to investigate such circumstances, and to bring the matter to the attention of the prosecutor and the court. Such preemp- tive advocacy would further legislative intent expressed in the 2010 amendment, contribute to the protection of victims and the reduction of trafficking, and obviate the need for later post-conviction challenges. Referral of services by providers. Accessing social services is crit- ically important for human trafficking victims. Established providers of social and legal services are often the first to come into contact with victims and develop trusting relationships with them. It is appropriate that these providers, in addition to law enforcement and district attor- neys, be able to make referrals for needed services. This bill amends the Social Services Law (§ 483-cc) to expand the scope of persons authorized to make such referrals to include designated established providers of social or legal services. Enhanced penalties for trafficking. Sex and labor trafficking are seri- ous crimes that devastate the lives of victims. Sex trafficking victims are subjected to rape, frequently over and over, on a daily basis. Labor trafficking victims endure forced labor, often for prolonged periods of enslavement. The penalties for trafficking should be commensurate with the severity of the offenses. The bill designates certain types of sex trafficking as a Class B violent felony and designates certain types of labor trafficking a Class D violent felony (Penal Law § 70.02). The bill also creates a new offense of aggravated labor trafficking, a Class C felony, where a person compels or induces another to engage in labor or recruits, entices, harbors, or transports such other person to engage in labor by means of intentionally unlawfully providing a controlled substance to such person with intent to impair such person's judgment (Penal Law § 135.37). Including patronizers in the School Zone law. In his memo in which he signed into law the legislation that enhanced the penalties for prosti- tution in a school zone and promoting prostitution in a school zone, Governor Cuomo called attention to a gap in the bill, namely, that it failed to "provide a complete, fully effective solution to the problem it is designed to address" by omitting patronizers. The Governor urged the Legislature to "enact similar enhanced penalties for patronizing a prostitute within a school zone, in order to protect our children." This bill amends the Penal Law (§ 230.08) consistent with the Governor's recommendation. Holding livery and limousine drivers accountable. Livery and limousine drivers, many unlicensed, have become central players in the trafficking of human beings. This growing phenomenon was the focus of a joint hear- ing of the New York City Council's Women's Issues and Public Safety Committees in 2012. Amending the Penal Law to include the use of a vehi- cle for the purpose of advancing prostitution to constitute the offense of permitting prostitution under Penal Law § 230.40 will better ensure that livery and limousine drivers will be prosecuted for their crimes. In addition, by providing for the suspension and revocation of class E driver's licenses where the holder is convicted of a violation of promoting prostitution, sex trafficking or permitting prostitution offenses and the holder used a for hire vehicle to commit such offense will enable us to more effectively limit the use of a vehicle in prosti- tution. Eliminating the stigma inherent In the Penal Law. The use of the term "prostitute" in the Penal Law unnecessarily stigmatizes a large group of criminal defendants, many of whom are sex trafficking victims. The use of the term "prostitute" is the only instance in the Penal Law where an individual is identified by the crime he or she allegedly commits; nowhere else does the Penal Law designate the criminal defendant by the crime. For example, a criminal defendant is not referred to as a "murderer," "robber," or "burglar." Given the fact that the vast majori- ty of the persons designated as "prostitutes" are women, the use of the word "prostitute" reflects and contributes to gender bias. To eliminate the stigma and bias, the bill replaces all references in the Penal Law to "prostitute" with the phrase "person for prostitution." Better utilization of investigatory tools. The bill enhances the devel- opment of evidence-based cases against pimps and traffickers by amending the Criminal Procedure Law (§ 700.05) to allow law enforcement to obtain judicial warrants to conduct eavesdropping and video surveillance where there is reasonable cause that the suspect manages, supervises, controls or owns a house of prostitution, or prostitutes minors or otherwise engages in activities that constitute promoting prostitution in the third degree under Penal Law § 230.25 as well as in cases of aggravated labor trafficking under section 135.37 of the Penal Law. Currently, law enforcement can obtain judicial warrants to intercept conversations in their investigations of traffickers only when they can establish coer- cion or that the victim is under 16. Without the ability to conduct surveillance of persons overtly promoting prostitution and the instru- ments used in furtherance of such promotion, law enforcement has long been stymied in ferreting out these perpetrators. With this amendment, we will facilitate the investigation of prostitution rings and, at the same time, identify and target human traffickers. Providing victims civil remedies. Recognizing that persons compelled to engage in prostitution or labor are victims and to assist these victims in rebuilding their lives, this bill provides victims of sex traffick- ing, compelling prostitution and labor trafficking the ability to recover damages and reasonable attorney's fees from their traffickers and those who should have known they were advancing or profiting from sex trafficking, compelling prostitution or labor trafficking. With the knowledge that victims face an arduous path to finally escaping the control of their traffickers to engage in sex or labor, the bill provides victims a period of 10 years in which he or she may bring a civil action against his or her perpetrator, which period will not begin to run and will be tolled during any period in which the victim is or remains subject to engaging in sex trafficking, compelling prostitution or labor trafficking. Law enforcement training. Finally, to ensure that law enforcement is aware of the circumstances in which an individual may be a victim of human trafficking and of the services available to such victims, this bill requires the Municipal Police Training Council and the Superinten- dent of the State Police to develop, maintain and disseminate, in consultation with OTDA and DCJS, written policies and procedures relat- ing to the identification of human trafficking victims and referral to appropriate social and legal services for services available for such victims as referenced in section 483-bb of the Social Services Law.   LEGISLATIVE HISTORY: Same as A.9804, 2012 referred to Codes. Similar to A.245A, 2012 and 2011 referred to Codes. Similar to A.602, 2010 and 2009 referred to Codes. Similar to A.10956, 2008 referred to Codes. Similar to S.7986 (Saland), 2008 passed Senate.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: Effective on the ninetieth day after it shall have become law, provided that sections 32 and 45 of this act shall take effect immediately.
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A02240 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2240--D
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 9, 2013
                                       ___________
 
        Introduced  by  M. of A. PAULIN, DINOWITZ, SCARBOROUGH, ROSENTHAL, COOK,
          LAVINE,  ZEBROWSKI,  ABBATE,  CUSICK,  ENGLEBRIGHT,  GALEF,   GUNTHER,
          JAFFEE,   MAGNARELLI,  MARKEY,  MILLMAN,  MOYA,  ROBERTS,  WEISENBERG,
          SEPULVEDA, STIRPE, KEARNS, OTIS, BUCHWALD,  TITUS,  SKOUFIS,  SIMOTAS,

          SCHIMEL,  RYAN, RUSSELL, ROSA, QUART, PRETLOW, PERRY, LIFTON, KELLNER,
          HEVESI, CLARK, BRONSON,  BRINDISI,  BARRETT,  ARROYO,  WEPRIN,  STECK,
          CORWIN, CURRAN, FITZPATRICK, GARBARINO, JOHNS, KATZ, McLAUGHLIN, SALA-
          DINO,  STEC, TEDISCO, TITONE, MORELLE, MOSLEY, GRAF, BRAUNSTEIN, SKAR-
          TADOS, MILLER, CAMARA, SCHIMMINGER, HOOPER, ROZIC, ORTIZ,  BROOK-KRAS-
          NY, KAVANAGH, CYMBROWITZ, GANTT, WRIGHT -- Multi-Sponsored by -- M. of
          A. ABINANTI, BRENNAN, COLTON, CRESPO, DiPIETRO, FAHY, FARRELL, GJONAJ,
          GLICK, GOLDFEDER, HEASTIE, HENNESSEY, HIKIND, JACOBS, LENTOL, LUPARDO,
          MAGEE,  MAYER,  McDONALD,  McDONOUGH,  MONTESANO,  PEOPLES-STOKES, RA,
          RAIA, RAMOS, RIVERA, ROBINSON,  RODRIGUEZ,  SANTABARBARA,  SIMANOWITZ,
          SOLAGES,  SWEENEY,  TENNEY,  THIELE  --  read once and referred to the
          Committee on Codes --  committee  discharged,  bill  amended,  ordered

          reprinted  as  amended  and  recommitted  to  said  committee -- again
          reported from said committee with  amendments,  ordered  reprinted  as
          amended  and  recommitted  to  said  committee  --  recommitted to the
          Committee on Codes in accordance with  Assembly  Rule  3,  sec.  2  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee -- again reported  from  said  committee
          with  amendments, ordered reprinted as amended and recommitted to said
          committee
 
        AN ACT to amend the penal law, the criminal procedure  law,  the  social
          services  law,  the  civil  practice law and rules, the mental hygiene
          law, the correction law, the  vehicle  and  traffic  law,  the  public
          health  law,  the  real  property actions and proceedings law, and the
          real property law, in relation to enacting  the  "trafficking  victims

          protection  and  justice  act"; to amend the penal law, in relation to
          prostitution in a school zone; to amend chapter 74 of the laws of 2007
          amending the penal law, the criminal  procedure  law,  the  correction
          law,  the social services law, and the executive law relating to human
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03210-28-4

        A. 2240--D                          2
 
          trafficking, in relation to extending the interagency  task  force  on
          human  trafficking  for four years; and to amend the executive law, in
          relation to human trafficking awareness
 
          The  People of the State of New York, represented in Senate and Assem-

        bly, do enact as follows:
 
     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "trafficking victims protection and justice act".
     3    § 2. Section 60.13 of the penal law, as added by chapter 7 of the laws
     4  of 2007, is amended to read as follows:
     5  § 60.13 Authorized dispositions; felony sex offenses.
     6    When  a  person  is  to  be sentenced upon a conviction for any felony
     7  defined in article one hundred thirty of this chapter, including a sexu-
     8  ally motivated felony, or patronizing a [prostitute] person for  prosti-
     9  tution in the first degree as defined in section 230.06 of this chapter,
    10  aggravated  patronizing  a minor for prostitution in the third degree as
    11  defined in section 230.11 of  this  chapter,  aggravated  patronizing  a

    12  minor for prostitution in the second degree as defined in section 230.12
    13  of  this chapter, aggravated patronizing a minor for prostitution in the
    14  first degree as defined in section 230.13 of this chapter, incest in the
    15  second degree as defined in section 255.26 of this chapter, or incest in
    16  the first degree as defined in section 255.27  of  this  chapter,  or  a
    17  felony  attempt  or  conspiracy to commit any of these crimes, the court
    18  must sentence the defendant in accordance with the provisions of section
    19  70.80 of this title.
    20    § 3. Paragraphs (a) and (c) of subdivision 1 of section 70.02  of  the
    21  penal  law,  paragraph (a) as amended by chapter 320 of the laws of 2006
    22  and paragraph (c) as amended by chapter 1  of  the  laws  of  2013,  are
    23  amended to read as follows:

    24    (a)  Class  B  violent felony offenses: an attempt to commit the class
    25  A-I felonies of murder in  the  second  degree  as  defined  in  section
    26  125.25, kidnapping in the first degree as defined in section 135.25, and
    27  arson  in the first degree as defined in section 150.20; manslaughter in
    28  the first degree as defined in section 125.20,  aggravated  manslaughter
    29  in  the  first  degree  as  defined in section 125.22, rape in the first
    30  degree as defined in section 130.35, criminal sexual act  in  the  first
    31  degree  as  defined  in  section  130.50, aggravated sexual abuse in the
    32  first degree as defined in section  130.70,  course  of  sexual  conduct
    33  against  a  child  in  the  first  degree  as defined in section 130.75;
    34  assault in the first degree as defined in section 120.10, kidnapping  in
    35  the  second  degree  as defined in section 135.20, burglary in the first

    36  degree as defined in section 140.30,  arson  in  the  second  degree  as
    37  defined  in  section  150.15,  robbery in the first degree as defined in
    38  section 160.15, sex trafficking as defined in paragraphs (a) and (b)  of
    39  subdivision  five  of  section  230.34,  incest  in  the first degree as
    40  defined in section 255.27, criminal possession of a weapon in the  first
    41  degree  as  defined  in section 265.04, criminal use of a firearm in the
    42  first degree as defined in section 265.09, criminal sale of a firearm in
    43  the first degree as defined in section 265.13, aggravated assault upon a
    44  police officer or a peace officer as defined  in  section  120.11,  gang
    45  assault in the first degree as defined in section 120.07, intimidating a
    46  victim  or  witness  in  the  first degree as defined in section 215.17,
    47  hindering prosecution of terrorism in the first  degree  as  defined  in

    48  section  490.35,  criminal possession of a chemical weapon or biological

        A. 2240--D                          3
 
     1  weapon in the second degree as defined in section 490.40,  and  criminal
     2  use  of  a  chemical  weapon or biological weapon in the third degree as
     3  defined in section 490.47.
     4    (c)  Class  D violent felony offenses: an attempt to commit any of the
     5  class C felonies set forth in paragraph (b); reckless assault of a child
     6  as defined in section 120.02, assault in the second degree as defined in
     7  section 120.05, menacing a police officer or peace officer as defined in
     8  section 120.18, stalking in the first degree, as defined in  subdivision
     9  one  of section 120.60, strangulation in the second degree as defined in
    10  section 121.12, rape in the second degree as defined in section  130.30,

    11  criminal  sexual  act in the second degree as defined in section 130.45,
    12  sexual abuse in the first degree as defined in section 130.65, course of
    13  sexual conduct against a child  in  the  second  degree  as  defined  in
    14  section  130.80,  aggravated sexual abuse in the third degree as defined
    15  in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
    16  substance  as defined in section 130.90, labor trafficking as defined in
    17  paragraphs (a) and (b) of subdivision three of section 135.35,  criminal
    18  possession  of  a  weapon  in the third degree as defined in subdivision
    19  five, six, seven, eight, nine or ten of section 265.02, criminal sale of
    20  a firearm in the third degree as defined in section 265.11, intimidating
    21  a victim or witness in the second degree as defined in  section  215.16,
    22  soliciting  or  providing  support for an act of terrorism in the second

    23  degree as defined in section 490.10, and making a terroristic threat  as
    24  defined  in  section  490.20, falsely reporting an incident in the first
    25  degree as defined in section 240.60, placing a false bomb  or  hazardous
    26  substance  in  the  first degree as defined in section 240.62, placing a
    27  false bomb or hazardous substance in a sports  stadium  or  arena,  mass
    28  transportation  facility or enclosed shopping mall as defined in section
    29  240.63, and aggravated unpermitted use of  indoor  pyrotechnics  in  the
    30  first degree as defined in section 405.18.
    31    § 4. Paragraph (a) of subdivision 1 of section 70.80 of the penal law,
    32  as  added  by  chapter  7  of  the  laws  of 2007, is amended to read as
    33  follows:
    34    (a) For the purposes of this section, a "felony sex offense"  means  a
    35  conviction  of  any felony defined in article one hundred thirty of this

    36  chapter, including a sexually motivated felony, or patronizing a  [pros-
    37  titute]  person  for  prostitution  in  the  first  degree as defined in
    38  section 230.06 of this chapter, patronizing a person for prostitution in
    39  the second degree as defined in section 230.05 of this  chapter,  aggra-
    40  vated  patronizing  a  minor  for  prostitution  in  the third degree as
    41  defined in section 230.11 of  this  chapter,  aggravated  patronizing  a
    42  minor for prostitution in the second degree as defined in section 230.12
    43  of  this  chapter,  aggravated  patronizing  a minor for prostitution in
    44  first degree as defined in section 230.13 of this chapter, incest in the
    45  second degree as defined in section 255.26 of this chapter, or incest in

    46  the first degree as defined in section 255.27  of  this  chapter,  or  a
    47  felony attempt or conspiracy to commit any of the above.
    48    §  5.  Section  135.35 of the penal law, as added by chapter 74 of the
    49  laws of 2007, is amended to read as follows:
    50  § 135.35 Labor trafficking.
    51    A person is guilty of labor  trafficking  if  he  or  she  compels  or
    52  induces  another  to  engage  in labor or recruits, entices, harbors, or
    53  transports such other person by means of intentionally:
    54    1. [unlawfully providing a controlled substance to  such  person  with
    55  intent to impair said person's judgment;

        A. 2240--D                          4

     1    2.] requiring that the labor be performed to retire, repay, or service
     2  a real or purported debt that the actor has caused by a systematic ongo-

     3  ing course of conduct with intent to defraud such person;
     4    [3.]  2.  withholding,  destroying,  or  confiscating  any  actual  or
     5  purported  passport,  immigration  document,  or  any  other  actual  or
     6  purported  government  identification  document,  of another person with
     7  intent to impair said person's freedom of movement;  provided,  however,
     8  that  this subdivision shall not apply to an attempt to correct a social
     9  security administration record or immigration agency record  in  accord-
    10  ance  with  any  local, state, or federal agency requirement, where such
    11  attempt is not made for the purpose of any express or implied threat;
    12    [4.] 3. using force or engaging in any  scheme,  plan  or  pattern  to
    13  compel or induce such person to engage in or continue to engage in labor

    14  activity  by  means  of  instilling  a  fear in such person that, if the
    15  demand is not complied with, the actor or another will do one or more of
    16  the following:
    17    (a) cause physical injury, serious physical  injury,  or  death  to  a
    18  person; or
    19    (b) cause damage to property, other than the property of the actor; or
    20    (c)  engage  in other conduct constituting a felony or unlawful impri-
    21  sonment in the second degree in violation  of  section  135.05  of  this
    22  [chapter] article; or
    23    (d)  accuse some person of a crime or cause criminal charges or depor-
    24  tation proceedings to  be  instituted  against  such  person;  provided,
    25  however,  that  it  shall  be an affirmative defense to this subdivision
    26  that the defendant reasonably believed the threatened charge to be  true
    27  and  that  his or her sole purpose was to compel or induce the victim to

    28  take reasonable action to make good the wrong which was the  subject  of
    29  such threatened charge; or
    30    (e)  expose  a  secret  or publicize an asserted fact, whether true or
    31  false, tending to subject some person to hatred, contempt  or  ridicule;
    32  or
    33    (f)  testify  or provide information or withhold testimony or informa-
    34  tion with respect to another's legal claim or defense; or
    35    (g) use or abuse his or her position as a public servant by performing
    36  some act within or related to his or her official duties, or by  failing
    37  or  refusing  to  perform  an official duty, in such manner as to affect
    38  some person adversely.
    39    Labor trafficking is a class D felony.
    40    § 6. The penal law is amended by adding a new section 135.37  to  read
    41  as follows:
    42  § 135.37 Aggravated labor trafficking.

    43    A  person  is  guilty  of  aggravated  labor  trafficking if he or she
    44  compels or induces another to engage  in  labor  or  recruits,  entices,
    45  harbors,  or transports such other person to engage in labor by means of
    46  intentionally unlawfully providing a controlled substance to such person
    47  with intent to impair said person's judgment.
    48    Aggravated labor trafficking is a class C felony.
    49    § 7. Paragraph (a) of subdivision 1 of section  460.10  of  the  penal
    50  law,  as  amended by chapter 405 of the laws of 2010, is amended to read
    51  as follows:
    52    (a) Any of the felonies set forth in this  chapter:  sections  120.05,
    53  120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat-
    54  ing  to  strangulation;  sections 125.10 to 125.27 relating to homicide;

    55  sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and
    56  135.25 relating to kidnapping;  [section]  sections  135.35  and  135.37

        A. 2240--D                          5
 
     1  relating  to  labor  trafficking;  section  135.65 relating to coercion;
     2  sections 140.20,  140.25  and  140.30  relating  to  burglary;  sections
     3  145.05,  145.10  and  145.12  relating to criminal mischief; article one
     4  hundred  fifty  relating  to  arson; sections 155.30, 155.35, 155.40 and
     5  155.42 relating to grand larceny; sections 177.10,  177.15,  177.20  and
     6  177.25 relating to health care fraud; article one hundred sixty relating
     7  to robbery; sections 165.45, 165.50, 165.52 and 165.54 relating to crim-
     8  inal  possession of stolen property; sections 165.72 and 165.73 relating

     9  to trademark counterfeiting; sections 170.10,  170.15,  170.25,  170.30,
    10  170.40,  170.65 and 170.70 relating to forgery; sections 175.10, 175.25,
    11  175.35, 175.40 and 210.40 relating to false statements; sections 176.15,
    12  176.20, 176.25 and 176.30 relating to insurance fraud;  sections  178.20
    13  and  178.25  relating  to criminal diversion of prescription medications
    14  and prescriptions; sections  180.03,  180.08,  180.15,  180.25,  180.40,
    15  180.45,  200.00, 200.03, 200.04, 200.10, 200.11, 200.12, 200.20, 200.22,
    16  200.25, 200.27, 215.00, 215.05 and 215.19 relating to bribery;  sections
    17  187.10,  187.15,  187.20  and  187.25  relating  to residential mortgage
    18  fraud, sections 190.40 and 190.42 relating to  criminal  usury;  section
    19  190.65 relating to schemes to defraud; sections 205.60 and 205.65 relat-
    20  ing to hindering prosecution; sections 210.10, 210.15, and 215.51 relat-

    21  ing  to  perjury and contempt; section 215.40 relating to tampering with
    22  physical evidence; sections  220.06,  220.09,  220.16,  220.18,  220.21,
    23  220.31,  220.34,  220.39,  220.41,  220.43,  220.46,  220.55, 220.60 and
    24  220.77 relating to controlled substances;  sections  225.10  and  225.20
    25  relating  to  gambling;  sections 230.25, 230.30, and 230.32 relating to
    26  promoting prostitution; section  230.34  relating  to  sex  trafficking;
    27  sections  235.06,  235.07,  235.21  and  235.22  relating  to obscenity;
    28  sections 263.10 and 263.15 relating to promoting a sexual performance by
    29  a child; sections 265.02, 265.03, 265.04, 265.11, 265.12, 265.13 and the
    30  provisions of section 265.10  which  constitute  a  felony  relating  to
    31  firearms  and  other  dangerous  weapons; and sections 265.14 and 265.16
    32  relating to criminal sale of a  firearm;  and  section  275.10,  275.20,

    33  275.30,  or  275.40  relating  to  unauthorized recordings; and sections
    34  470.05, 470.10, 470.15 and 470.20 relating to money laundering; or
    35    § 8. Paragraphs (b) and (h) of subdivision 8 of section 700.05 of  the
    36  criminal  procedure  law, paragraph (b) as amended by chapter 405 of the
    37  laws of 2010 and paragraph (h) as amended by chapter 154 of the laws  of
    38  1990, are amended to read as follows:
    39    (b)  Any  of  the  following felonies: assault in the second degree as
    40  defined in section 120.05 of the penal law, assault in the first  degree
    41  as  defined in section 120.10 of the penal law, reckless endangerment in
    42  the first degree as defined in section 120.25 of the penal law,  promot-
    43  ing  a  suicide  attempt  as defined in section 120.30 of the penal law,
    44  strangulation in the second degree as defined in section 121.12  of  the

    45  penal  law,  strangulation  in  the  first  degree as defined in section
    46  121.13 of the penal law, criminally negligent  homicide  as  defined  in
    47  section  125.10  of  the penal law, manslaughter in the second degree as
    48  defined in section 125.15 of the penal law, manslaughter  in  the  first
    49  degree  as  defined  in  section  125.20 of the penal law, murder in the
    50  second degree as defined in section 125.25 of the penal law,  murder  in
    51  the first degree as defined in section 125.27 of the penal law, abortion
    52  in  the  second  degree  as  defined in section 125.40 of the penal law,
    53  abortion in the first degree as defined in section 125.45 of  the  penal
    54  law,  rape in the third degree as defined in section 130.25 of the penal
    55  law, rape in the second degree as defined in section 130.30 of the penal
    56  law, rape in the first degree as defined in section 130.35 of the  penal

        A. 2240--D                          6
 
     1  law,  criminal  sexual  act  in  the  third degree as defined in section
     2  130.40 of the penal law, criminal sexual act in  the  second  degree  as
     3  defined  in  section 130.45 of the penal law, criminal sexual act in the
     4  first degree as defined in section 130.50 of the penal law, sexual abuse
     5  in  the  first  degree  as  defined  in section 130.65 of the penal law,
     6  unlawful imprisonment in the first degree as defined in  section  135.10
     7  of  the penal law, kidnapping in the second degree as defined in section
     8  135.20 of the penal law, kidnapping in the first degree  as  defined  in
     9  section 135.25 of the penal law, labor trafficking as defined in section
    10  135.35  of  the  penal  law,  aggravated labor trafficking as defined in

    11  section 135.37 of the penal law, custodial  interference  in  the  first
    12  degree  as  defined  in section 135.50 of the penal law, coercion in the
    13  first degree as defined in section 135.65 of  the  penal  law,  criminal
    14  trespass  in  the first degree as defined in section 140.17 of the penal
    15  law, burglary in the third degree as defined in section  140.20  of  the
    16  penal law, burglary in the second degree as defined in section 140.25 of
    17  the penal law, burglary in the first degree as defined in section 140.30
    18  of  the  penal  law, criminal mischief in the third degree as defined in
    19  section 145.05 of the penal law, criminal mischief in the second  degree
    20  as  defined in section 145.10 of the penal law, criminal mischief in the
    21  first degree as defined in section 145.12 of  the  penal  law,  criminal
    22  tampering  in the first degree as defined in section 145.20 of the penal

    23  law, arson in the fourth degree as defined  in  section  150.05  of  the
    24  penal law, arson in the third degree as defined in section 150.10 of the
    25  penal  law,  arson  in the second degree as defined in section 150.15 of
    26  the penal law, arson in the first degree as defined in section 150.20 of
    27  the penal law, grand larceny in the fourth degree as defined in  section
    28  155.30 of the penal law, grand larceny in the third degree as defined in
    29  section  155.35  of the penal law, grand larceny in the second degree as
    30  defined in section 155.40 of the penal law, grand larceny in  the  first
    31  degree  as defined in section 155.42 of the penal law, health care fraud
    32  in the fourth degree as defined in section  177.10  of  the  penal  law,
    33  health  care  fraud  in the third degree as defined in section 177.15 of
    34  the penal law, health care fraud in the  second  degree  as  defined  in

    35  section  177.20  of the penal law, health care fraud in the first degree
    36  as defined in section 177.25 of the penal  law,  robbery  in  the  third
    37  degree  as  defined  in  section 160.05 of the penal law, robbery in the
    38  second degree as defined in section 160.10 of the penal law, robbery  in
    39  the first degree as defined in section 160.15 of the penal law, unlawful
    40  use  of  secret  scientific material as defined in section 165.07 of the
    41  penal law, criminal possession of stolen property in the  fourth  degree
    42  as  defined  in  section 165.45 of the penal law, criminal possession of
    43  stolen property in the third degree as defined in section 165.50 of  the
    44  penal  law,  criminal possession of stolen property in the second degree
    45  as defined by section 165.52 of the penal law,  criminal  possession  of
    46  stolen  property in the first degree as defined by section 165.54 of the

    47  penal law, trademark counterfeiting in the second degree as  defined  in
    48  section  165.72  of the penal law, trademark counterfeiting in the first
    49  degree as defined in section 165.73 of the penal  law,  forgery  in  the
    50  second  degree as defined in section 170.10 of the penal law, forgery in
    51  the first degree as defined in section 170.15 of the penal law, criminal
    52  possession of a forged instrument in the second  degree  as  defined  in
    53  section 170.25 of the penal law, criminal possession of a forged instru-
    54  ment  in the first degree as defined in section 170.30 of the penal law,
    55  criminal possession of forgery devices as defined in section  170.40  of
    56  the  penal  law,  falsifying  business  records  in  the first degree as

        A. 2240--D                          7
 
     1  defined in section 175.10  of  the  penal  law,  tampering  with  public

     2  records  in  the  first degree as defined in section 175.25 of the penal
     3  law, offering a false instrument for  filing  in  the  first  degree  as
     4  defined  in section 175.35 of the penal law, issuing a false certificate
     5  as defined in section 175.40 of the penal  law,  criminal  diversion  of
     6  prescription  medications  and  prescriptions  in  the  second degree as
     7  defined in section 178.20  of  the  penal  law,  criminal  diversion  of
     8  prescription  medications  and  prescriptions  in  the  first  degree as
     9  defined in section 178.25 of the penal law, residential  mortgage  fraud
    10  in  the  fourth  degree  as  defined in section 187.10 of the penal law,
    11  residential mortgage fraud in the third degree  as  defined  in  section
    12  187.15 of the penal law, residential mortgage fraud in the second degree
    13  as  defined  in  section  187.20  of the penal law, residential mortgage

    14  fraud in the first degree as defined in section 187.25 of the penal law,
    15  escape in the second degree as defined in section 205.10  of  the  penal
    16  law,  escape  in  the  first  degree as defined in section 205.15 of the
    17  penal law, absconding from temporary release  in  the  first  degree  as
    18  defined  in section 205.17 of the penal law, promoting prison contraband
    19  in the first degree as defined in  section  205.25  of  the  penal  law,
    20  hindering  prosecution in the second degree as defined in section 205.60
    21  of the penal law, hindering prosecution in the first degree  as  defined
    22  in  section  205.65  of  the  penal  law,  sex trafficking as defined in
    23  section 230.34 of the penal law, criminal possession of a weapon in  the
    24  third  degree  as defined in subdivisions two, three and five of section
    25  265.02 of the penal law, criminal possession of a weapon in  the  second

    26  degree  as  defined  in  section  265.03  of  the  penal  law,  criminal
    27  possession of a weapon in the first degree as defined in section  265.04
    28  of  the penal law, manufacture, transport, disposition and defacement of
    29  weapons and dangerous instruments and appliances defined as felonies  in
    30  subdivisions  one,  two,  and  three of section 265.10 of the penal law,
    31  sections 265.11, 265.12 and 265.13 of the penal law, or  prohibited  use
    32  of  weapons as defined in subdivision two of section 265.35 of the penal
    33  law, relating to firearms and other dangerous  weapons,  or  failure  to
    34  disclose  the  origin  of  a recording in the first degree as defined in
    35  section 275.40 of the penal law;
    36    (h) Promoting prostitution in the first degree, as defined in  section
    37  230.32 of the penal law, promoting prostitution in the second degree, as

    38  defined by subdivision one of section 230.30 of the penal law, promoting
    39  prostitution  in  the  third degree, as defined in section 230.25 of the
    40  penal law;
    41    § 9. The penal law is amended by adding a new section 230.01  to  read
    42  as follows:
    43  § 230.01 Prostitution; affirmative defense.
    44    In any prosecution under section 230.00, section 230.03 or subdivision
    45  two  of  section  240.37 of this part, it is an affirmative defense that
    46  the defendant's participation in the offense was a result of having been
    47  a victim of compelling prostitution under section 230.33,  a  victim  of
    48  sex  trafficking  under  section  230.34  of this article or a victim of
    49  trafficking in persons under  the  trafficking  victims  protection  act

    50  (United States Code, Title 22, Chapter 78).
    51    §  10.  The section heading and subdivision 1 of section 230.02 of the
    52  penal law, as amended by chapter 627 of the laws of 1978, are amended to
    53  read as follows:
    54    Patronizing a [prostitute] person for prostitution; definitions.
    55    1. A person patronizes a [prostitute] person for prostitution when:

        A. 2240--D                          8
 
     1    (a) Pursuant to a prior understanding, he or she pays a fee to another
     2  person as compensation for such person or a third person having  engaged
     3  in sexual conduct with him or her; or
     4    (b)  He  or she pays or agrees to pay a fee to another person pursuant
     5  to an understanding that in return  therefor  such  person  or  a  third

     6  person will engage in sexual conduct with him or her; or
     7    (c)  He or she solicits or requests another person to engage in sexual
     8  conduct with him or her in return for a fee.
     9    § 11. Subdivision 2 of section 230.03 of the penal law,  as  added  by
    10  chapter 191 of the laws of 2011, is amended to read as follows:
    11    2. For the purposes of this section, section 230.08 and section 230.19
    12  of  this  article, "school zone" means (a) in or on or within any build-
    13  ing, structure, athletic playing field,  playground  or  land  contained
    14  within  the real property boundary line of a public or private elementa-
    15  ry, parochial, intermediate, junior high, vocational, or high school, or
    16  (b) any public  sidewalk,  street,  parking  lot,  park,  playground  or
    17  private  land, located immediately adjacent to the boundary line of such
    18  school.

    19    § 12. Section 230.04 of the penal law, as amended by chapter 74 of the
    20  laws of 2007, is amended to read as follows:
    21  § 230.04 Patronizing a [prostitute] person for prostitution in the third
    22             degree.
    23    A person is guilty of patronizing a [prostitute] person for  prostitu-
    24  tion in the third degree when he or she patronizes a [prostitute] person
    25  for prostitution.
    26    Patronizing a [prostitute] person for prostitution in the third degree
    27  is a class A misdemeanor.
    28    §  13. Section 230.05 of the penal law, as added by chapter 627 of the
    29  laws of 1978, is amended to read as follows:
    30  § 230.05 Patronizing a  [prostitute]  person  for  prostitution  in  the
    31             second degree.

    32    A  person is guilty of patronizing a [prostitute] person for prostitu-
    33  tion in the second degree when, being [over] eighteen years [of age] old
    34  or more, he or she patronizes a [prostitute] person for prostitution and
    35  the person patronized is less than [fourteen]  fifteen  years  [of  age]
    36  old.
    37    Patronizing  a  [prostitute]  person  for  prostitution  in the second
    38  degree is a class E felony.
    39    § 14. Section 230.06 of the penal law, as added by chapter 627 of  the
    40  laws of 1978, is amended to read as follows:
    41  § 230.06 Patronizing a [prostitute] person for prostitution in the first
    42             degree.

    43    A  person is guilty of patronizing a [prostitute] person for prostitu-
    44  tion in the first degree when [he]:
    45    1. He or she patronizes a [prostitute] person for prostitution and the
    46  person patronized is less than eleven years [of age] old; or
    47    2. Being eighteen years old or more, he or she patronizes a person for
    48  prostitution and the person patronized is less than thirteen years old.
    49    Patronizing a [prostitute] person for prostitution in the first degree
    50  is a class D felony.
    51    § 15. Section 230.07 of the penal law, as amended by chapter 74 of the
    52  laws of 2007, is amended to read as follows:
    53  § 230.07 Patronizing a [prostitute] person for prostitution; defense.

    54    In any prosecution for patronizing a [prostitute] person for prostitu-
    55  tion in the first or second degrees or patronizing a person for  prosti-
    56  tution in a school zone, it is a defense that the defendant did not have

        A. 2240--D                          9
 
     1  reasonable  grounds  to  believe  that  the person was less than the age
     2  specified.
     3    §  16. The penal law is amended by adding a new section 230.08 to read
     4  as follows:
     5  § 230.08 Patronizing a person for prostitution in a school zone.
     6    1. A person is guilty of patronizing a person for  prostitution  in  a
     7  school  zone when, being twenty-one years old or more, he or she patron-
     8  izes a person for prostitution and the person patronized  is  less  than

     9  eighteen years old at a place that he or she knows, or reasonably should
    10  know, is in a school zone.
    11    2.  For  purposes  of  this  section, "school zone" shall mean "school
    12  zone" as defined in subdivision two of section 230.03 of this article.
    13    Patronizing a person for prostitution in a school zone is  a  class  E
    14  felony.
    15    §  17. The section heading and the opening paragraph of section 230.10
    16  of the penal law are amended to read as follows:
    17    Prostitution and patronizing a [prostitute] person  for  prostitution;
    18  no defense.
    19    In  any  prosecution  for  prostitution  or patronizing a [prostitute]
    20  person for prostitution, the sex  of  the  two  parties  or  prospective
    21  parties  to  the sexual conduct engaged in, contemplated or solicited is

    22  immaterial, and it is no defense that:
    23    § 18. The penal law is amended by adding three  new  sections  230.11,
    24  230.12 and 230.13 to read as follows:
    25  § 230.11 Aggravated  patronizing  a  minor for prostitution in the third
    26             degree.
    27    A person is guilty of aggravated patronizing a minor for  prostitution
    28  in  the third degree when, being twenty-one years old or more, he or she
    29  patronizes a person for prostitution and the person patronized  is  less
    30  than seventeen years old and the person guilty of patronizing engages in
    31  sexual  intercourse, oral sexual conduct, anal sexual conduct, or aggra-
    32  vated sexual conduct as those terms are defined  in  section  130.00  of
    33  this part, with the person patronized.

    34    Aggravated patronizing a minor for prostitution in the third degree is
    35  a class E felony.
    36  § 230.12 Aggravated  patronizing  a minor for prostitution in the second
    37             degree.
    38    A person is guilty of aggravated patronizing a minor for  prostitution
    39  in  the  second degree when, being eighteen years old or more, he or she
    40  patronizes a person for prostitution and the person patronized  is  less
    41  than  fifteen  years old and the person guilty of patronizing engages in
    42  sexual intercourse, oral sexual conduct, anal sexual conduct, or  aggra-
    43  vated  sexual  conduct  as  those terms are defined in section 130.00 of
    44  this part, with the person patronized.

    45    Aggravated patronizing a minor for prostitution in the  second  degree
    46  is a class D felony.
    47  § 230.13 Aggravated  patronizing  a  minor for prostitution in the first
    48             degree.
    49    A person is guilty of aggravated patronizing a minor for  prostitution
    50  in  the first degree when he or she patronizes a person for prostitution
    51  and the person patronized is less than eleven years old, or being  eigh-
    52  teen  years  old or more, he or she patronizes a person for prostitution
    53  and the person patronized is less  than  thirteen  years  old,  and  the
    54  person  guilty of patronizing engages in sexual intercourse, oral sexual
    55  conduct, anal sexual conduct, or  aggravated  sexual  conduct  as  those


        A. 2240--D                         10
 
     1  terms  are  defined  in  section  130.00  of  this part, with the person
     2  patronized.
     3    Aggravated patronizing a minor for prostitution in the first degree is
     4  a class B felony.
     5    §  19.  Subdivisions  1  and  2 of section 230.15 of the penal law are
     6  amended to read as follows:
     7    1. "Advance prostitution."  A  person  "advances  prostitution"  when,
     8  acting  other  than  as  a  [prostitute]  person in prostitution or as a
     9  patron thereof, he or she knowingly causes or aids a person to commit or
    10  engage in prostitution, procures or solicits patrons  for  prostitution,
    11  provides  persons  or  premises  for  prostitution purposes, operates or
    12  assists in the operation of a house of prostitution  or  a  prostitution

    13  enterprise,  or  engages in any other conduct designed to institute, aid
    14  or facilitate an act or enterprise of prostitution.
    15    2. "Profit from prostitution." A person  "profits  from  prostitution"
    16  when, acting other than as a [prostitute] person in prostitution receiv-
    17  ing  compensation  for  personally rendered prostitution services, he or
    18  she accepts or receives money or other property pursuant to an agreement
    19  or understanding with any person whereby he or she participates or is to
    20  participate in the proceeds of prostitution activity.
    21    § 20. Subdivision 1 of section 230.19 of the penal law,  as  added  by
    22  chapter 191 of the laws of 2011, is amended to read as follows:
    23    1. A person is guilty of promoting prostitution in a school zone when,

    24  being  nineteen  years [of age] old or [older] more, he or she knowingly
    25  advances or profits from prostitution that he or she knows or reasonably
    26  should know is or will be committed in violation of  section  230.03  of
    27  this  article  in  a  school  zone  during  the  hours that school is in
    28  session.
    29    § 21. The opening paragraph and subdivision 1 of section 230.25 of the
    30  penal law, the opening paragraph as amended by chapter 627 of  the  laws
    31  of  1978 and subdivision 1 as amended by chapter 74 of the laws of 2007,
    32  are amended to read as follows:
    33    A person is guilty of promoting prostitution in the third degree  when
    34  he or she knowingly:
    35    1.  Advances  or  profits  from prostitution by managing, supervising,
    36  controlling or owning, either alone or in  association  with  others,  a

    37  house of prostitution or a prostitution business or enterprise involving
    38  prostitution  activity by two or more [prostitutes] persons in prostitu-
    39  tion, or a business that sells travel-related services knowing that such
    40  services include or are intended to facilitate travel for the purpose of
    41  patronizing a [prostitute]  person  for  prostitution,  including  to  a
    42  foreign  jurisdiction  and regardless of the legality of prostitution in
    43  said foreign jurisdiction; or
    44    § 22. Section 230.30 of the penal law, as amended by  chapter  627  of
    45  the laws of 1978, is amended to read as follows:
    46  § 230.30 Promoting prostitution in the second degree.
    47    A person is guilty of promoting prostitution in the second degree when
    48  he or she knowingly:

    49    1.  Advances  prostitution  by  compelling a person by force or intim-
    50  idation to engage in prostitution, or profits from such coercive conduct
    51  by another; or
    52    2. Advances or  profits  from  prostitution  of  a  person  less  than
    53  [sixteen] eighteen years old.
    54    Promoting prostitution in the second degree is a class C felony.

        A. 2240--D                         11
 
     1    §  23. The first undesignated paragraph of section 230.32 of the penal
     2  law, as added by chapter 627 of the laws of 1978, is amended to read  as
     3  follows:
     4    A  person is guilty of promoting prostitution in the first degree when
     5  he or she:
     6    1. knowingly advances or profits from prostitution of  a  person  less
     7  than [eleven] thirteen years old; or

     8    2. being twenty-one years old or more, he or she knowingly advances or
     9  profits from prostitution of a person less than fifteen years old.
    10    §  24. Section 230.33 of the penal law, as added by chapter 450 of the
    11  laws of 2005, is amended to read as follows:
    12  § 230.33 Compelling prostitution.
    13    A person is guilty of compelling prostitution when, being [twenty-one]
    14  eighteen years [of age or older]  old  or  more,  he  or  she  knowingly
    15  advances  prostitution  by compelling a person less than [sixteen] eigh-
    16  teen years old, by force or intimidation, to engage in prostitution.
    17    Compelling prostitution is a class B felony.
    18    § 25. Section 230.35 of the penal law, as amended by  chapter  450  of
    19  the laws of 2005, is amended to read as follows:

    20  § 230.35 Promoting or compelling prostitution; accomplice.
    21    In  a  prosecution  for promoting prostitution or compelling prostitu-
    22  tion, a person less than [seventeen] eighteen years [of  age]  old  from
    23  whose  prostitution  activity another person is alleged to have advanced
    24  or attempted to advance or profited or attempted to profit shall not  be
    25  deemed to be an accomplice.
    26    §  26. The first undesignated paragraph of section 230.40 of the penal
    27  law is amended to read as follows:
    28    A person is guilty of permitting prostitution when, having  possession
    29  or  control  of premises or vehicle which he or she knows are being used
    30  for prostitution purposes or for the purpose of advancing  prostitution,
    31  he or she fails to make reasonable effort to halt or abate such use.

    32    §  27.  Subdivision  2 of section 240.37 of the penal law, as added by
    33  chapter 344 of the laws of 1976, is amended, and subdivision 3 is renum-
    34  bered subdivision 4 and a new subdivision 3 is added to read as follows:
    35    2. Any person who remains or wanders  about  in  a  public  place  and
    36  repeatedly  beckons  to,  or repeatedly stops, or repeatedly attempts to
    37  stop, or repeatedly attempts to engage passers-by  in  conversation,  or
    38  repeatedly  stops  or  attempts  to  stop  motor vehicles, or repeatedly
    39  interferes with the free passage of other persons, for  the  purpose  of
    40  prostitution[,  or  of  patronizing  a prostitute as those terms are] as
    41  that term is defined in article two hundred thirty of  [the  penal  law]
    42  this  part,  shall  be  guilty of a violation and is guilty of a class B

    43  misdemeanor if such person has previously been convicted of a  violation
    44  of  this  section  or  of  [sections] section 230.00 [or 230.05] of [the
    45  penal law] this part.
    46    3. Any person who remains or wanders  about  in  a  public  place  and
    47  repeatedly  beckons  to,  or repeatedly stops, or repeatedly attempts to
    48  stop, or repeatedly attempts to engage passers-by  in  conversation,  or
    49  repeatedly  stops  or  attempts  to  stop  motor vehicles, or repeatedly
    50  interferes with the free passage of other persons, for  the  purpose  of
    51  patronizing  a  person  for prostitution as defined in section 230.02 of
    52  this part, shall be guilty of a violation and is guilty  of  a  class  B

    53  misdemeanor  if such person has previously been convicted of a violation
    54  of this section or of section 230.04, 230.05, 230.06 or 230.08  of  this
    55  part.

        A. 2240--D                         12
 
     1    §  28.  Subdivision 6 of section 380.50 of the criminal procedure law,
     2  as amended by chapter 320 of the laws of 2006, is  amended  to  read  as
     3  follows:
     4    6.  Regardless of whether the victim requests to make a statement with
     5  regard to the defendant's sentence, where the defendant is sentenced for
     6  a violent felony offense as defined in section 70.02 of the penal law or
     7  a felony defined in article one hundred twenty-five of such law  or  any
     8  of the following provisions of such law sections 130.25, 130.30, 130.40,
     9  130.45, 255.25, 255.26, 255.27, article two hundred sixty-three, 135.10,

    10  135.25,  230.05,  230.06,  230.11,  230.12,  230.13,  subdivision two of
    11  section 230.30 or 230.32, the prosecutor shall, within sixty days of the
    12  imposition of sentence, provide the victim with  a  form  on  which  the
    13  victim  may  indicate  a demand to be informed of any petition to change
    14  the name of such defendant.   Such forms shall  be  maintained  by  such
    15  prosecutor. Upon receipt of a notice of a petition to change the name of
    16  any  such defendant, pursuant to subdivision two of section sixty-two of
    17  the civil rights law, the prosecutor shall promptly notify the victim at
    18  the most current address or telephone number provided by such victim  in
    19  the  most reasonable and expedient possible manner of the time and place
    20  such petition will be presented to the court.
    21    § 29. Paragraph (i) of subdivision 1 of section 440.10 of the criminal

    22  procedure law, as added by chapter 332 of the laws of 2010,  is  amended
    23  to read as follows:
    24    (i)  The judgment is a conviction where the arresting charge was under
    25  section 240.37 (loitering for the purpose of engaging in a  prostitution
    26  offense, provided that the defendant was not alleged to be loitering for
    27  the  purpose  of  patronizing  a [prostitute] person for prostitution or
    28  promoting prostitution) or 230.00 (prostitution) or 230.03 (prostitution
    29  in a school zone) of the penal law, and the defendant's participation in
    30  the offense was a result of having been  a  victim  of  sex  trafficking
    31  under  section  230.34 of the penal law, labor trafficking under section
    32  135.35 of the penal law,  aggravated  labor  trafficking  under  section

    33  135.37 of the penal law, compelling prostitution under section 230.33 of
    34  the  penal  law, or trafficking in persons under the Trafficking Victims
    35  Protection Act (United States Code, title 22, chapter 78); provided that
    36    (i) a motion under this paragraph shall be made  with  due  diligence,
    37  after  the  defendant  has  ceased to be a victim of such trafficking or
    38  compelling prostitution crime or has sought services for victims of such
    39  trafficking or compelling  prostitution  crime,  subject  to  reasonable
    40  concerns  for the safety of the defendant, family members of the defend-
    41  ant, or other victims of such  trafficking  or  compelling  prostitution
    42  crime  that  may  be  jeopardized by the bringing of such motion, or for
    43  other reasons consistent with the purpose of this paragraph; and

    44    (ii) official documentation of the defendant's status as a  victim  of
    45  [sex]  trafficking, compelling prostitution or trafficking in persons at
    46  the time of the offense from a federal, state or local government agency
    47  shall create a presumption that the  defendant's  participation  in  the
    48  offense was a result of having been a victim of sex trafficking, compel-
    49  ling  prostitution  or trafficking in persons, but shall not be required
    50  for granting a motion under this paragraph.
    51    § 30. Section 483-bb of the social services law is amended by adding a
    52  new subdivision (c) to read as follows:
    53    (c) An individual who is a victim of the conduct prohibited by section
    54  230.33, 230.34, 135.35 or 135.37 of the penal  law  may  bring  a  civil

    55  action  against the perpetrator or whoever knowingly advances or profits
    56  from, or whoever should have known he or she was advancing or  profiting

        A. 2240--D                         13
 
     1  from, an act in violation of section 230.33, 230.34, 135.35 or 135.37 of
     2  the penal law to recover damages and reasonable attorney's fees.
     3    §  31.  Section  212 of the civil practice law and rules is amended by
     4  adding a new subdivision (e) to read as follows:
     5    (e) By a victim of sex trafficking, compelling prostitution, or  labor
     6  trafficking.  An action by a victim of sex trafficking, compelling pros-
     7  titution, labor trafficking or  aggravated  labor  trafficking,  brought
     8  pursuant  to  subdivision (c) of section four hundred eighty-three-bb of

     9  the social services law, may be commenced within ten  years  after  such
    10  victimization  occurs provided, however, that such ten year period shall
    11  not begin to run and shall be tolled during  any  period  in  which  the
    12  victim is or remains subject to such conduct.
    13    § 32. Subdivision (a) of section 483-cc of the social services law, as
    14  added by chapter 74 of the laws of 2007, is amended to read as follows:
    15    (a)  As  soon as practicable after a first encounter with a person who
    16  reasonably appears to a law enforcement agency [or a],  district  attor-
    17  ney's  office,  or  an  established provider of social or legal services
    18  designated by the office of temporary  and  disability  assistance,  the
    19  office  for  the prevention of domestic violence or the office of victim

    20  services to be a human trafficking victim, that [agency or] law enforce-
    21  ment agency or district attorney's office shall  notify  the  office  of
    22  temporary and disability assistance and the division of criminal justice
    23  services  that such person may be eligible for services under this arti-
    24  cle or, in the case of  an  established  provider  of  social  or  legal
    25  services, shall notify the office of temporary and disability assistance
    26  and the division of criminal justice services if such victim consents to
    27  seeking services pursuant to this article.
    28    § 33. Section 14 of chapter 74 of the laws of 2007, amending the penal
    29  law, the criminal procedure law, the correction law, the social services
    30  law,  and the executive law relating to human trafficking, as amended by

    31  chapter 24 of the laws of 2011, is amended to read as follows:
    32    § 14.   This act shall take effect  on  the  first  of  November  next
    33  succeeding  the  date on which it shall have become a law; provided that
    34  section 483-ee of the social services law, as added by section eleven of
    35  this act, shall take effect immediately and shall remain in  full  force
    36  and  effect  until  September  1,  [2013]  2018  when upon such date the
    37  provisions  of  such  section  shall  expire  and  be  deemed  repealed.
    38  Provided,  effective  immediately, the addition, amendment and/or repeal
    39  of any rule or regulation necessary for the timely implementation of the
    40  provisions of article 10-D of the  social  services  law,  as  added  by
    41  section  eleven  of this act, on its effective date are authorized to be
    42  made on or before such effective date.

    43    § 34. Subdivision (p) of section 10.03 of the mental hygiene  law,  as
    44  added by chapter 7 of the laws of 2007, is amended to read as follows:
    45    (p)  "Sex  offense"  means an act or acts constituting: (1) any felony
    46  defined in article one hundred thirty of  the  penal  law,  including  a
    47  sexually  motivated  felony;  (2)  patronizing a [prostitute] person for
    48  prostitution in the first degree as defined in  section  230.06  of  the
    49  penal  law, aggravated patronizing a minor for prostitution in the first
    50  degree as defined in section 230.13 of the penal law, aggravated patron-
    51  izing a minor for prostitution  in  the  second  degree  as  defined  in
    52  section  230.12  of  the  penal  law, aggravated patronizing a minor for

    53  prostitution in the third degree as defined in  section  230.11  of  the
    54  penal  law,  incest in the second degree as defined in section 255.26 of
    55  the penal law, or incest in the  first  degree  as  defined  in  section
    56  255.27  of  the  penal law; (3) a felony attempt or conspiracy to commit

        A. 2240--D                         14
 
     1  any of the foregoing offenses set forth in this subdivision;  or  (4)  a
     2  designated  felony,  as  defined  in subdivision (f) of this section, if
     3  sexually motivated and committed prior to the  effective  date  of  this
     4  article.
     5    §  35.  Subparagraph  (i) of paragraph (a) of subdivision 2 of section
     6  168-a of the correction law, as amended by chapter 405 of  the  laws  of
     7  2008, is amended to read as follows:
     8    (i)  a  conviction  of or a conviction for an attempt to commit any of

     9  the provisions of  sections  120.70,  130.20,  130.25,  130.30,  130.40,
    10  130.45, 130.60, 230.34, 250.50, 255.25, 255.26 and 255.27 or article two
    11  hundred  sixty-three of the penal law, or section 135.05, 135.10, 135.20
    12  or 135.25 of such law relating  to  kidnapping  offenses,  provided  the
    13  victim  of  such  kidnapping  or  related offense is less than seventeen
    14  years old and the offender is not the parent of the victim,  or  section
    15  230.04, where the person patronized is in fact less than seventeen years
    16  of  age,  230.05  [or], 230.06, [or] 230.11, 230.12, 230.13, subdivision
    17  two of section 230.30, [or] section 230.32 [or], 230.33,  or  230.34  of
    18  the penal law, or section 230.25 of the penal law where the person pros-

    19  tituted is in fact less than seventeen years old, or
    20    §  36.  Paragraph  (b)  of  subdivision  1  of  section  168-d  of the
    21  correction law, as amended by chapter 74 of the laws of 2007, is amended
    22  to read as follows:
    23    (b) Where a defendant stands convicted of an offense defined in  para-
    24  graph  (b)  of  subdivision  two of section one hundred sixty-eight-a of
    25  this article or where the  defendant  was  convicted  of  patronizing  a
    26  [prostitute]  person  for prostitution in the third degree under section
    27  230.04 of the penal law and the defendant controverts an allegation that
    28  the victim of such offense was less than eighteen years of  age  or,  in
    29  the  case  of  a  conviction under section 230.04 of the penal law, less
    30  than seventeen years of age, the court, without a jury, shall, prior  to

    31  sentencing,  conduct  a  hearing,  and the people may prove by clear and
    32  convincing evidence that the victim was less  than  eighteen  years  [of
    33  age]  old  or  less than seventeen years [of age] old, as applicable, by
    34  any evidence admissible under the rules applicable to  a  trial  of  the
    35  issue  of  guilt.  The court in addition to such admissible evidence may
    36  also consider  reliable  hearsay  evidence  submitted  by  either  party
    37  provided  that  it  is  relevant  to the determination of the age of the
    38  victim. Facts concerning the age of the victim proven at trial or ascer-
    39  tained at the time of entry of a plea of guilty shall be  deemed  estab-
    40  lished by clear and convincing evidence and shall not be relitigated. At
    41  the  conclusion  of the hearing, or if the defendant does not controvert

    42  an allegation that the victim of the  offense  was  less  than  eighteen
    43  years  [of age] old or less than seventeen years [of age] old, as appli-
    44  cable, the court must make a finding and enter an  order  setting  forth
    45  the  age  of  the  victim.  If  the  court finds that the victim of such
    46  offense was under eighteen years [of age] old or under  seventeen  years
    47  [of  age] old, as applicable, the court shall certify the defendant as a
    48  sex offender, the provisions of paragraph (a) of this subdivision  shall
    49  apply  and  the defendant shall register with the division in accordance
    50  with the provisions of this article.
    51    § 37. Paragraph (c) of subdivision 4 of section 509-cc of the  vehicle
    52  and  traffic  law,  as  amended  by  chapter 400 of the laws of 2011, is

    53  amended to read as follows:
    54    (c) The offenses referred to in subparagraph (i) of paragraph  (b)  of
    55  subdivision one and subparagraph (i) of paragraph (c) of subdivision two
    56  of  this  section  that  result in disqualification for a period of five

        A. 2240--D                         15
 
     1  years shall include a conviction under sections 100.10, 105.13,  115.05,
     2  120.03,  120.04,  120.04-a,  120.05,  120.10,  120.25,  121.12,  121.13,
     3  125.40, 125.45, 130.20, 130.25, 130.52, 130.55, 135.10, 135.55,  140.17,
     4  140.25,  140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06, 220.09,
     5  220.16, 220.31, 220.34, 220.60, 220.65, 221.30, 221.50, 221.55,  230.00,
     6  230.05,  230.06, 230.11, 230.12, 230.13, 230.19, 230.20, 235.05, 235.06,
     7  235.07, 235.21, 240.06,  245.00,  260.10,  subdivision  two  of  section

     8  260.20  and  sections  260.25,  265.02,  265.03, 265.08, 265.09, 265.10,
     9  265.12, 265.35 of the penal law or an attempt to commit any of the afor-
    10  esaid offenses under section 110.00 of the penal  law,  or  any  similar
    11  offenses  committed  under  a  former  section  of the penal law, or any
    12  offenses committed under a former section of the penal law  which  would
    13  constitute violations of the aforesaid sections of the penal law, or any
    14  offenses  committed outside this state which would constitute violations
    15  of the aforesaid sections of the penal law.
    16    § 38. The vehicle and traffic law is amended by adding a  new  section
    17  510-d to read as follows:
    18    §  510-d. Suspension and revocation of class E driver's licenses. 1. A
    19  class E driver's license shall be suspended by the  commissioner  for  a

    20  period  of  one  year  where  the  holder is convicted of a violation of
    21  section 230.20, 230.25, 230.30, 230.32, 230.34 or 230.40  of  the  penal
    22  law and the holder used a for hire motor vehicle to commit such crime.
    23    2.  A class E driver's license may be revoked by the commissioner when
    24  the holder, who had his or her driver's license suspended under subdivi-
    25  sion one of this section within the last ten years, is  convicted  of  a
    26  second  violation  of  section 230.20, 230.25, 230.30, 230.32, 230.34 or
    27  230.40 of the penal law and the holder used a for hire motor vehicle  to
    28  commit such crime.
    29    3.  Any  revocation or suspension of a class E driver's license issued
    30  pursuant to this article shall be applicable only to that portion of the

    31  holder's driver's license or privilege which permits the operation of  a
    32  motor  vehicle  transporting  passengers  for hire, and the commissioner
    33  shall immediately issue  a  license,  other  than  a  class  E  driver's
    34  license, to such person, provided that such person is otherwise eligible
    35  to  receive  such license and further provided that issuing a license to
    36  such person does not create a substantial traffic safety hazard.
    37    4. The provisions of this section shall not be  construed  to  prevent
    38  any person who has the authority to suspend or revoke a license to drive
    39  or  privilege  of operating pursuant to section five hundred ten of this
    40  article from exercising any such authority.
    41    § 39. Section 2324-a of the public health law, as amended  by  chapter

    42  260 of the laws of 1978, is amended to read as follows:
    43    §  2324-a.  Presumptive evidence.  For the purposes of this title, two
    44  or more convictions of any person or persons had, within a period of one
    45  year, for any of the  offenses  described  in  section  230.00,  230.05,
    46  230.06,  230.08,  230.11, 230.12, 230.13, 230.20, 230.25 [or], 230.30 or
    47  230.32 of the penal law arising out of conduct engaged in  at  the  same
    48  real property consisting of a dwelling as that term is defined in subdi-
    49  vision  four  of  section  four  of  the  multiple dwelling law shall be
    50  presumptive evidence of conduct constituting use  of  the  premises  for
    51  purposes of prostitution.
    52    §  40.  Subdivision  2 of section 715 of the real property actions and
    53  proceedings law, as added by chapter 494 of the laws of 1976, is amended

    54  to read as follows:
    55    2. For purposes of this section, two or more convictions of any person
    56  or persons had, within a period of one year, for  any  of  the  offenses

        A. 2240--D                         16
 
     1  described  in  section  230.00,  230.05, 230.06, 230.11, 230.12, 230.13,
     2  230.20, 230.25, 230.30, 230.32 or 230.40 of the penal law arising out of
     3  conduct engaged in at the same real property consisting of a dwelling as
     4  that term is defined in subdivision four of section four of the multiple
     5  dwelling  law  shall be presumptive evidence of conduct constituting use
     6  of the premises for purposes of prostitution.
     7    § 41. Subdivision 3 of section  231  of  the  real  property  law,  as
     8  amended  by  chapter  203  of  the  laws  of 1980, is amended to read as
     9  follows:

    10    3. For the purposes of this section, two or more  convictions  of  any
    11  person  or  persons  had,  within  a  period of one year, for any of the
    12  offenses described in section 230.00, 230.05,  230.06,  230.11,  230.12,
    13  230.13,  230.20, 230.25, 230.30, 230.32 or 230.40 of the penal law aris-
    14  ing out of conduct engaged in at  the  same  premises  consisting  of  a
    15  dwelling  as that term is defined in subdivision four of section four of
    16  the multiple dwelling law shall be presumptive evidence of unlawful  use
    17  of such premises and of the owners knowledge of the same.
    18    §  42. Subdivision 3 of section 840 of the executive law is amended by
    19  adding a new paragraph (f-1) to read as follows:
    20    (f-1) Develop, maintain and  disseminate,  in  consultation  with  the

    21  office of temporary and disability assistance and the division of crimi-
    22  nal  justice  services,  written policies and procedures regarding human
    23  trafficking victims. Such policies and procedures shall include, but not
    24  be limited to the following: (1) the identification of potential victims
    25  of human trafficking, as defined  under  section  four  hundred  eighty-
    26  three-aa of the social services law; and (2) information and/or referral
    27  to  appropriate social and legal services for victims of human traffick-
    28  ing in accordance with  section  four  hundred  eighty-three-bb  of  the
    29  social services law;
    30    §  43.  The  executive law is amended by adding a new section 214-d to
    31  read as follows:

    32    § 214-d. Human trafficking awareness. The superintendent, in consulta-
    33  tion with the office of temporary  and  disability  assistance  and  the
    34  division  of criminal justice services, shall: (1) develop, maintain and
    35  disseminate to all members of the state police, including new and veter-
    36  an officers, written  policies,  procedures  and  educational  materials
    37  relating  to human trafficking victims, including services available for
    38  victims of human trafficking, as  referenced  in  section  four  hundred
    39  eighty-three-bb of the social services law; and (2) establish and imple-
    40  ment  written procedures and policies in the event a member of the divi-
    41  sion of state police encounters an individual believed to be a victim of

    42  human trafficking, which shall include,  but  not  be  limited  to,  the
    43  provision  of  information and/or referral to an appropriate provider of
    44  social and legal services to human trafficking  victims,  in  accordance
    45  with such section four hundred eighty-three-bb.
    46    §  44. Severability clause. If any clause, sentence, paragraph, subdi-
    47  vision, section or part of this act shall be  adjudged  by  a  court  of
    48  competent  jurisdiction  to  be invalid, such judgment shall not affect,
    49  impair or invalidate the remainder thereof, but shall be confined in its
    50  operation to the clause, sentence, paragraph,  subdivision,  section  or
    51  part thereof directly involved in the controversy in which such judgment
    52  shall  have been rendered. It is hereby declared to be the intent of the

    53  legislature that this act would have been enacted even if  such  invalid
    54  provisions had not been included herein.
    55    §  45.    Notwithstanding  the  provisions of article 5 of the general
    56  construction law,  the  provisions  of  section  483-ee  of  the  social

        A. 2240--D                         17
 
     1  services  law,  as  added  by chapter 74 of the laws of 2007, are hereby
     2  revived and shall continue in full force and effect as  such  provisions
     3  existed on August 31, 2013.
     4    §  46.  This act shall take effect on the ninetieth day after it shall
     5  have become a law;  provided  however  that  sections  thirty-three  and
     6  forty-five of this act shall take effect immediately.
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