S T A T E O F N E W Y O R K
________________________________________________________________________
5879--A
2013-2014 Regular Sessions
I N S E N A T E
June 18, 2013
___________
Introduced by Sens. LANZA, GALLIVAN, SAVINO, HANNON, CARLUCCI, GRISANTI,
LARKIN, MARTINS -- read twice and ordered printed, and when printed to
be committed to the Committee on Rules -- recommitted to the Committee
on Rules in accordance with Senate Rule 6, sec. 8 -- committee
discharged, bill amended, 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
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 S 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 S 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12057-05-4
S. 5879--A 2
1 MINOR FOR PROSTITUTION IN THE SECOND DEGREE AS DEFINED IN SECTION 230.12
2 OF THIS CHAPTER, AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE
3 FIRST DEGREE AS DEFINED IN SECTION 230.13 OF THIS CHAPTER, incest in the
4 second degree as defined in section 255.26 of this chapter, or incest in
5 the first degree as defined in section 255.27 of this chapter, or a
6 felony attempt or conspiracy to commit any of these crimes, the court
7 must sentence the defendant in accordance with the provisions of section
8 70.80 of this title.
9 S 3. Paragraphs (a) and (c) of subdivision 1 of section 70.02 of the
10 penal law, paragraph (a) as amended by chapter 320 of the laws of 2006
11 and paragraph (c) as amended by chapter 1 of the laws of 2013, are
12 amended to read as follows:
13 (a) Class B violent felony offenses: an attempt to commit the class
14 A-I felonies of murder in the second degree as defined in section
15 125.25, kidnapping in the first degree as defined in section 135.25, and
16 arson in the first degree as defined in section 150.20; manslaughter in
17 the first degree as defined in section 125.20, aggravated manslaughter
18 in the first degree as defined in section 125.22, rape in the first
19 degree as defined in section 130.35, criminal sexual act in the first
20 degree as defined in section 130.50, aggravated sexual abuse in the
21 first degree as defined in section 130.70, course of sexual conduct
22 against a child in the first degree as defined in section 130.75;
23 assault in the first degree as defined in section 120.10, kidnapping in
24 the second degree as defined in section 135.20, burglary in the first
25 degree as defined in section 140.30, arson in the second degree as
26 defined in section 150.15, robbery in the first degree as defined in
27 section 160.15, SEX TRAFFICKING AS DEFINED IN PARAGRAPHS (A) AND (B) OF
28 SUBDIVISION FIVE OF SECTION 230.34, incest in the first degree as
29 defined in section 255.27, criminal possession of a weapon in the first
30 degree as defined in section 265.04, criminal use of a firearm in the
31 first degree as defined in section 265.09, criminal sale of a firearm in
32 the first degree as defined in section 265.13, aggravated assault upon a
33 police officer or a peace officer as defined in section 120.11, gang
34 assault in the first degree as defined in section 120.07, intimidating a
35 victim or witness in the first degree as defined in section 215.17,
36 hindering prosecution of terrorism in the first degree as defined in
37 section 490.35, criminal possession of a chemical weapon or biological
38 weapon in the second degree as defined in section 490.40, and criminal
39 use of a chemical weapon or biological weapon in the third degree as
40 defined in section 490.47.
41 (c) Class D violent felony offenses: an attempt to commit any of the
42 class C felonies set forth in paragraph (b); reckless assault of a child
43 as defined in section 120.02, assault in the second degree as defined in
44 section 120.05, menacing a police officer or peace officer as defined in
45 section 120.18, stalking in the first degree, as defined in subdivision
46 one of section 120.60, strangulation in the second degree as defined in
47 section 121.12, rape in the second degree as defined in section 130.30,
48 criminal sexual act in the second degree as defined in section 130.45,
49 sexual abuse in the first degree as defined in section 130.65, course of
50 sexual conduct against a child in the second degree as defined in
51 section 130.80, aggravated sexual abuse in the third degree as defined
52 in section 130.66, facilitating a sex offense with a controlled
53 substance as defined in section 130.90, LABOR TRAFFICKING AS DEFINED IN
54 PARAGRAPHS (A) AND (B) OF SUBDIVISION THREE OF SECTION 135.35, criminal
55 possession of a weapon in the third degree as defined in subdivision
56 five, six, seven, eight, nine or ten of section 265.02, criminal sale of
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1 a firearm in the third degree as defined in section 265.11, intimidating
2 a victim or witness in the second degree as defined in section 215.16,
3 soliciting or providing support for an act of terrorism in the second
4 degree as defined in section 490.10, and making a terroristic threat as
5 defined in section 490.20, falsely reporting an incident in the first
6 degree as defined in section 240.60, placing a false bomb or hazardous
7 substance in the first degree as defined in section 240.62, placing a
8 false bomb or hazardous substance in a sports stadium or arena, mass
9 transportation facility or enclosed shopping mall as defined in section
10 240.63, and aggravated unpermitted use of indoor pyrotechnics in the
11 first degree as defined in section 405.18.
12 S 4. Paragraph (a) of subdivision 1 of section 70.80 of the penal law,
13 as added by chapter 7 of the laws of 2007, is amended to read as
14 follows:
15 (a) For the purposes of this section, a "felony sex offense" means a
16 conviction of any felony defined in article one hundred thirty of this
17 chapter, including a sexually motivated felony, or patronizing a [pros-
18 titute] PERSON FOR PROSTITUTION in the first degree as defined in
19 section 230.06 of this chapter, PATRONIZING A PERSON FOR PROSTITUTION IN
20 THE SECOND DEGREE AS DEFINED IN SECTION 230.05 OF THIS CHAPTER, AGGRA-
21 VATED PATRONIZING A MINOR FOR PROSTITUTION IN THE THIRD DEGREE AS
22 DEFINED IN SECTION 230.11 OF THIS CHAPTER, AGGRAVATED PATRONIZING A
23 MINOR FOR PROSTITUTION IN THE SECOND DEGREE AS DEFINED IN SECTION 230.12
24 OF THIS CHAPTER, AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN
25 FIRST DEGREE AS DEFINED IN SECTION 230.13 OF THIS CHAPTER, incest in the
26 second degree as defined in section 255.26 of this chapter, or incest in
27 the first degree as defined in section 255.27 of this chapter, or a
28 felony attempt or conspiracy to commit any of the above.
29 S 5. Section 135.35 of the penal law, as added by chapter 74 of the
30 laws of 2007, is amended to read as follows:
31 S 135.35 Labor trafficking.
32 A person is guilty of labor trafficking if he or she compels or
33 induces another to engage in labor or recruits, entices, harbors, or
34 transports such other person by means of intentionally:
35 1. [unlawfully providing a controlled substance to such person with
36 intent to impair said person's judgment;
37 2.] requiring that the labor be performed to retire, repay, or service
38 a real or purported debt that the actor has caused by a systematic ongo-
39 ing course of conduct with intent to defraud such person;
40 [3.] 2. withholding, destroying, or confiscating any actual or
41 purported passport, immigration document, or any other actual or
42 purported government identification document, of another person with
43 intent to impair said person's freedom of movement; provided, however,
44 that this subdivision shall not apply to an attempt to correct a social
45 security administration record or immigration agency record in accord-
46 ance with any local, state, or federal agency requirement, where such
47 attempt is not made for the purpose of any express or implied threat;
48 [4.] 3. using force or engaging in any scheme, plan or pattern to
49 compel or induce such person to engage in or continue to engage in labor
50 activity by means of instilling a fear in such person that, if the
51 demand is not complied with, the actor or another will do one or more of
52 the following:
53 (a) cause physical injury, serious physical injury, or death to a
54 person; or
55 (b) cause damage to property, other than the property of the actor; or
S. 5879--A 4
1 (c) engage in other conduct constituting a felony or unlawful impri-
2 sonment in the second degree in violation of section 135.05 of this
3 [chapter] ARTICLE; or
4 (d) accuse some person of a crime or cause criminal charges or depor-
5 tation proceedings to be instituted against such person; provided,
6 however, that it shall be an affirmative defense to this subdivision
7 that the defendant reasonably believed the threatened charge to be true
8 and that his or her sole purpose was to compel or induce the victim to
9 take reasonable action to make good the wrong which was the subject of
10 such threatened charge; or
11 (e) expose a secret or publicize an asserted fact, whether true or
12 false, tending to subject some person to hatred, contempt or ridicule;
13 or
14 (f) testify or provide information or withhold testimony or informa-
15 tion with respect to another's legal claim or defense; or
16 (g) use or abuse his or her position as a public servant by performing
17 some act within or related to his or her official duties, or by failing
18 or refusing to perform an official duty, in such manner as to affect
19 some person adversely.
20 Labor trafficking is a class D felony.
21 S 6. The penal law is amended by adding a new section 135.37 to read
22 as follows:
23 S 135.37 AGGRAVATED LABOR TRAFFICKING.
24 A PERSON IS GUILTY OF AGGRAVATED LABOR TRAFFICKING IF HE OR SHE
25 COMPELS OR INDUCES ANOTHER TO ENGAGE IN LABOR OR RECRUITS, ENTICES,
26 HARBORS, OR TRANSPORTS SUCH OTHER PERSON TO ENGAGE IN LABOR BY MEANS OF
27 INTENTIONALLY UNLAWFULLY PROVIDING A CONTROLLED SUBSTANCE TO SUCH PERSON
28 WITH INTENT TO IMPAIR SAID PERSON'S JUDGMENT.
29 AGGRAVATED LABOR TRAFFICKING IS A CLASS C FELONY.
30 S 7. Paragraph (a) of subdivision 1 of section 460.10 of the penal
31 law, as amended by chapter 405 of the laws of 2010, is amended to read
32 as follows:
33 (a) Any of the felonies set forth in this chapter: sections 120.05,
34 120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat-
35 ing to strangulation; sections 125.10 to 125.27 relating to homicide;
36 sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and
37 135.25 relating to kidnapping; [section] SECTIONS 135.35 AND 135.37
38 relating to labor trafficking; section 135.65 relating to coercion;
39 sections 140.20, 140.25 and 140.30 relating to burglary; sections
40 145.05, 145.10 and 145.12 relating to criminal mischief; article one
41 hundred fifty relating to arson; sections 155.30, 155.35, 155.40 and
42 155.42 relating to grand larceny; sections 177.10, 177.15, 177.20 and
43 177.25 relating to health care fraud; article one hundred sixty relating
44 to robbery; sections 165.45, 165.50, 165.52 and 165.54 relating to crim-
45 inal possession of stolen property; sections 165.72 and 165.73 relating
46 to trademark counterfeiting; sections 170.10, 170.15, 170.25, 170.30,
47 170.40, 170.65 and 170.70 relating to forgery; sections 175.10, 175.25,
48 175.35, 175.40 and 210.40 relating to false statements; sections 176.15,
49 176.20, 176.25 and 176.30 relating to insurance fraud; sections 178.20
50 and 178.25 relating to criminal diversion of prescription medications
51 and prescriptions; sections 180.03, 180.08, 180.15, 180.25, 180.40,
52 180.45, 200.00, 200.03, 200.04, 200.10, 200.11, 200.12, 200.20, 200.22,
53 200.25, 200.27, 215.00, 215.05 and 215.19 relating to bribery; sections
54 187.10, 187.15, 187.20 and 187.25 relating to residential mortgage
55 fraud, sections 190.40 and 190.42 relating to criminal usury; section
56 190.65 relating to schemes to defraud; sections 205.60 and 205.65 relat-
S. 5879--A 5
1 ing to hindering prosecution; sections 210.10, 210.15, and 215.51 relat-
2 ing to perjury and contempt; section 215.40 relating to tampering with
3 physical evidence; sections 220.06, 220.09, 220.16, 220.18, 220.21,
4 220.31, 220.34, 220.39, 220.41, 220.43, 220.46, 220.55, 220.60 and
5 220.77 relating to controlled substances; sections 225.10 and 225.20
6 relating to gambling; sections 230.25, 230.30, and 230.32 relating to
7 promoting prostitution; section 230.34 relating to sex trafficking;
8 sections 235.06, 235.07, 235.21 and 235.22 relating to obscenity;
9 sections 263.10 and 263.15 relating to promoting a sexual performance by
10 a child; sections 265.02, 265.03, 265.04, 265.11, 265.12, 265.13 and the
11 provisions of section 265.10 which constitute a felony relating to
12 firearms and other dangerous weapons; and sections 265.14 and 265.16
13 relating to criminal sale of a firearm; and section 275.10, 275.20,
14 275.30, or 275.40 relating to unauthorized recordings; and sections
15 470.05, 470.10, 470.15 and 470.20 relating to money laundering; or
16 S 8. Paragraphs (b) and (h) of subdivision 8 of section 700.05 of the
17 criminal procedure law, paragraph (b) as amended by chapter 405 of the
18 laws of 2010 and paragraph (h) as amended by chapter 154 of the laws of
19 1990, are amended to read as follows:
20 (b) Any of the following felonies: assault in the second degree as
21 defined in section 120.05 of the penal law, assault in the first degree
22 as defined in section 120.10 of the penal law, reckless endangerment in
23 the first degree as defined in section 120.25 of the penal law, promot-
24 ing a suicide attempt as defined in section 120.30 of the penal law,
25 strangulation in the second degree as defined in section 121.12 of the
26 penal law, strangulation in the first degree as defined in section
27 121.13 of the penal law, criminally negligent homicide as defined in
28 section 125.10 of the penal law, manslaughter in the second degree as
29 defined in section 125.15 of the penal law, manslaughter in the first
30 degree as defined in section 125.20 of the penal law, murder in the
31 second degree as defined in section 125.25 of the penal law, murder in
32 the first degree as defined in section 125.27 of the penal law, abortion
33 in the second degree as defined in section 125.40 of the penal law,
34 abortion in the first degree as defined in section 125.45 of the penal
35 law, rape in the third degree as defined in section 130.25 of the penal
36 law, rape in the second degree as defined in section 130.30 of the penal
37 law, rape in the first degree as defined in section 130.35 of the penal
38 law, criminal sexual act in the third degree as defined in section
39 130.40 of the penal law, criminal sexual act in the second degree as
40 defined in section 130.45 of the penal law, criminal sexual act in the
41 first degree as defined in section 130.50 of the penal law, sexual abuse
42 in the first degree as defined in section 130.65 of the penal law,
43 unlawful imprisonment in the first degree as defined in section 135.10
44 of the penal law, kidnapping in the second degree as defined in section
45 135.20 of the penal law, kidnapping in the first degree as defined in
46 section 135.25 of the penal law, labor trafficking as defined in section
47 135.35 of the penal law, AGGRAVATED LABOR TRAFFICKING AS DEFINED IN
48 SECTION 135.37 OF THE PENAL LAW, custodial interference in the first
49 degree as defined in section 135.50 of the penal law, coercion in the
50 first degree as defined in section 135.65 of the penal law, criminal
51 trespass in the first degree as defined in section 140.17 of the penal
52 law, burglary in the third degree as defined in section 140.20 of the
53 penal law, burglary in the second degree as defined in section 140.25 of
54 the penal law, burglary in the first degree as defined in section 140.30
55 of the penal law, criminal mischief in the third degree as defined in
56 section 145.05 of the penal law, criminal mischief in the second degree
S. 5879--A 6
1 as defined in section 145.10 of the penal law, criminal mischief in the
2 first degree as defined in section 145.12 of the penal law, criminal
3 tampering in the first degree as defined in section 145.20 of the penal
4 law, arson in the fourth degree as defined in section 150.05 of the
5 penal law, arson in the third degree as defined in section 150.10 of the
6 penal law, arson in the second degree as defined in section 150.15 of
7 the penal law, arson in the first degree as defined in section 150.20 of
8 the penal law, grand larceny in the fourth degree as defined in section
9 155.30 of the penal law, grand larceny in the third degree as defined in
10 section 155.35 of the penal law, grand larceny in the second degree as
11 defined in section 155.40 of the penal law, grand larceny in the first
12 degree as defined in section 155.42 of the penal law, health care fraud
13 in the fourth degree as defined in section 177.10 of the penal law,
14 health care fraud in the third degree as defined in section 177.15 of
15 the penal law, health care fraud in the second degree as defined in
16 section 177.20 of the penal law, health care fraud in the first degree
17 as defined in section 177.25 of the penal law, robbery in the third
18 degree as defined in section 160.05 of the penal law, robbery in the
19 second degree as defined in section 160.10 of the penal law, robbery in
20 the first degree as defined in section 160.15 of the penal law, unlawful
21 use of secret scientific material as defined in section 165.07 of the
22 penal law, criminal possession of stolen property in the fourth degree
23 as defined in section 165.45 of the penal law, criminal possession of
24 stolen property in the third degree as defined in section 165.50 of the
25 penal law, criminal possession of stolen property in the second degree
26 as defined by section 165.52 of the penal law, criminal possession of
27 stolen property in the first degree as defined by section 165.54 of the
28 penal law, trademark counterfeiting in the second degree as defined in
29 section 165.72 of the penal law, trademark counterfeiting in the first
30 degree as defined in section 165.73 of the penal law, forgery in the
31 second degree as defined in section 170.10 of the penal law, forgery in
32 the first degree as defined in section 170.15 of the penal law, criminal
33 possession of a forged instrument in the second degree as defined in
34 section 170.25 of the penal law, criminal possession of a forged instru-
35 ment in the first degree as defined in section 170.30 of the penal law,
36 criminal possession of forgery devices as defined in section 170.40 of
37 the penal law, falsifying business records in the first degree as
38 defined in section 175.10 of the penal law, tampering with public
39 records in the first degree as defined in section 175.25 of the penal
40 law, offering a false instrument for filing in the first degree as
41 defined in section 175.35 of the penal law, issuing a false certificate
42 as defined in section 175.40 of the penal law, criminal diversion of
43 prescription medications and prescriptions in the second degree as
44 defined in section 178.20 of the penal law, criminal diversion of
45 prescription medications and prescriptions in the first degree as
46 defined in section 178.25 of the penal law, residential mortgage fraud
47 in the fourth degree as defined in section 187.10 of the penal law,
48 residential mortgage fraud in the third degree as defined in section
49 187.15 of the penal law, residential mortgage fraud in the second degree
50 as defined in section 187.20 of the penal law, residential mortgage
51 fraud in the first degree as defined in section 187.25 of the penal law,
52 escape in the second degree as defined in section 205.10 of the penal
53 law, escape in the first degree as defined in section 205.15 of the
54 penal law, absconding from temporary release in the first degree as
55 defined in section 205.17 of the penal law, promoting prison contraband
56 in the first degree as defined in section 205.25 of the penal law,
S. 5879--A 7
1 hindering prosecution in the second degree as defined in section 205.60
2 of the penal law, hindering prosecution in the first degree as defined
3 in section 205.65 of the penal law, sex trafficking as defined in
4 section 230.34 of the penal law, criminal possession of a weapon in the
5 third degree as defined in subdivisions two, three and five of section
6 265.02 of the penal law, criminal possession of a weapon in the second
7 degree as defined in section 265.03 of the penal law, criminal
8 possession of a weapon in the first degree as defined in section 265.04
9 of the penal law, manufacture, transport, disposition and defacement of
10 weapons and dangerous instruments and appliances defined as felonies in
11 subdivisions one, two, and three of section 265.10 of the penal law,
12 sections 265.11, 265.12 and 265.13 of the penal law, or prohibited use
13 of weapons as defined in subdivision two of section 265.35 of the penal
14 law, relating to firearms and other dangerous weapons, or failure to
15 disclose the origin of a recording in the first degree as defined in
16 section 275.40 of the penal law;
17 (h) Promoting prostitution in the first degree, as defined in section
18 230.32 of the penal law, promoting prostitution in the second degree, as
19 defined by subdivision one of section 230.30 of the penal law, PROMOTING
20 PROSTITUTION IN THE THIRD DEGREE, AS DEFINED IN SECTION 230.25 OF THE
21 PENAL LAW;
22 S 9. The penal law is amended by adding a new section 230.01 to read
23 as follows:
24 S 230.01 PROSTITUTION; AFFIRMATIVE DEFENSE.
25 IN ANY PROSECUTION UNDER SECTION 230.00, SECTION 230.03 OR SUBDIVISION
26 TWO OF SECTION 240.37 OF THIS PART, IT IS AN AFFIRMATIVE DEFENSE THAT
27 THE DEFENDANT'S PARTICIPATION IN THE OFFENSE WAS A RESULT OF HAVING BEEN
28 A VICTIM OF COMPELLING PROSTITUTION UNDER SECTION 230.33, A VICTIM OF
29 SEX TRAFFICKING UNDER SECTION 230.34 OF THIS ARTICLE OR A VICTIM OF
30 TRAFFICKING IN PERSONS UNDER THE TRAFFICKING VICTIMS PROTECTION ACT
31 (UNITED STATES CODE, TITLE 22, CHAPTER 78).
32 S 10. The section heading and subdivision 1 of section 230.02 of the
33 penal law, as amended by chapter 627 of the laws of 1978, are amended to
34 read as follows:
35 Patronizing a [prostitute] PERSON FOR PROSTITUTION; definitions.
36 1. A person patronizes a [prostitute] PERSON FOR PROSTITUTION when:
37 (a) Pursuant to a prior understanding, he OR SHE pays a fee to another
38 person as compensation for such person or a third person having engaged
39 in sexual conduct with him OR HER; or
40 (b) He OR SHE pays or agrees to pay a fee to another person pursuant
41 to an understanding that in return therefor such person or a third
42 person will engage in sexual conduct with him OR HER; or
43 (c) He OR SHE solicits or requests another person to engage in sexual
44 conduct with him OR HER in return for a fee.
45 S 11. Subdivision 2 of section 230.03 of the penal law, as added by
46 chapter 191 of the laws of 2011, is amended to read as follows:
47 2. For the purposes of this section, SECTION 230.08 and section 230.19
48 of this article, "school zone" means (a) in or on or within any build-
49 ing, structure, athletic playing field, playground or land contained
50 within the real property boundary line of a public or private elementa-
51 ry, parochial, intermediate, junior high, vocational, or high school, or
52 (b) any public sidewalk, street, parking lot, park, playground or
53 private land, located immediately adjacent to the boundary line of such
54 school.
55 S 12. Section 230.04 of the penal law, as amended by chapter 74 of the
56 laws of 2007, is amended to read as follows:
S. 5879--A 8
1 S 230.04 Patronizing a [prostitute] PERSON FOR PROSTITUTION in the third
2 degree.
3 A person is guilty of patronizing a [prostitute] PERSON FOR PROSTITU-
4 TION in the third degree when he or she patronizes a [prostitute] PERSON
5 FOR PROSTITUTION.
6 Patronizing a [prostitute] PERSON FOR PROSTITUTION in the third degree
7 is a class A misdemeanor.
8 S 13. Section 230.05 of the penal law, as added by chapter 627 of the
9 laws of 1978, is amended to read as follows:
10 S 230.05 Patronizing a [prostitute] PERSON FOR PROSTITUTION in the
11 second degree.
12 A person is guilty of patronizing a [prostitute] PERSON FOR PROSTITU-
13 TION in the second degree when, being [over] eighteen years [of age] OLD
14 OR MORE, he OR SHE patronizes a [prostitute] PERSON FOR PROSTITUTION and
15 the person patronized is less than [fourteen] FIFTEEN years [of age]
16 OLD.
17 Patronizing a [prostitute] PERSON FOR PROSTITUTION in the second
18 degree is a class E felony.
19 S 14. Section 230.06 of the penal law, as added by chapter 627 of the
20 laws of 1978, is amended to read as follows:
21 S 230.06 Patronizing a [prostitute] PERSON FOR PROSTITUTION in the first
22 degree.
23 A person is guilty of patronizing a [prostitute] PERSON FOR PROSTITU-
24 TION in the first degree when [he]:
25 1. HE OR SHE patronizes a [prostitute] PERSON FOR PROSTITUTION and the
26 person patronized is less than eleven years [of age] OLD; OR
27 2. BEING EIGHTEEN YEARS OLD OR MORE, HE OR SHE PATRONIZES A PERSON FOR
28 PROSTITUTION AND THE PERSON PATRONIZED IS LESS THAN THIRTEEN YEARS OLD.
29 Patronizing a [prostitute] PERSON FOR PROSTITUTION in the first degree
30 is a class D felony.
31 S 15. Section 230.07 of the penal law, as amended by chapter 74 of the
32 laws of 2007, is amended to read as follows:
33 S 230.07 Patronizing a [prostitute] PERSON FOR PROSTITUTION; defense.
34 In any prosecution for patronizing a [prostitute] PERSON FOR PROSTITU-
35 TION in the first or second degrees OR PATRONIZING A PERSON FOR PROSTI-
36 TUTION IN A SCHOOL ZONE, it is a defense that the defendant did not have
37 reasonable grounds to believe that the person was less than the age
38 specified.
39 S 16. The penal law is amended by adding a new section 230.08 to read
40 as follows:
41 S 230.08 PATRONIZING A PERSON FOR PROSTITUTION IN A SCHOOL ZONE.
42 1. A PERSON IS GUILTY OF PATRONIZING A PERSON FOR PROSTITUTION IN A
43 SCHOOL ZONE WHEN, BEING TWENTY-ONE YEARS OF AGE OR OLDER, HE OR SHE
44 PATRONIZES A PERSON FOR PROSTITUTION AND THE PERSON PATRONIZED IS LESS
45 THAN EIGHTEEN YEARS OF AGE AT A PLACE THAT HE OR SHE KNOWS, OR REASON-
46 ABLY SHOULD KNOW, IS IN A SCHOOL ZONE.
47 2. FOR PURPOSES OF THIS SECTION, "SCHOOL ZONE" SHALL MEAN "SCHOOL
48 ZONE" AS DEFINED IN SUBDIVISION TWO OF SECTION 230.03 OF THIS ARTICLE.
49 PATRONIZING A PERSON FOR PROSTITUTION IN A SCHOOL ZONE IS A CLASS E
50 FELONY.
51 S 17. The section heading and the opening paragraph of section 230.10
52 of the penal law are amended to read as follows:
53 Prostitution and patronizing a [prostitute] PERSON FOR PROSTITUTION;
54 no defense.
55 In any prosecution for prostitution or patronizing a [prostitute]
56 PERSON FOR PROSTITUTION, the sex of the two parties or prospective
S. 5879--A 9
1 parties to the sexual conduct engaged in, contemplated or solicited is
2 immaterial, and it is no defense that:
3 S 18. The penal law is amended by adding three new sections 230.11,
4 230.12 and 230.13 to read as follows:
5 S 230.11 AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE THIRD
6 DEGREE.
7 A PERSON IS GUILTY OF AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION
8 IN THE THIRD DEGREE WHEN, BEING TWENTY-ONE YEARS OLD OR MORE, HE OR SHE
9 PATRONIZES A PERSON FOR PROSTITUTION AND THE PERSON PATRONIZED IS LESS
10 THAN SEVENTEEN YEARS OLD AND THE PERSON GUILTY OF PATRONIZING ENGAGES IN
11 SEXUAL INTERCOURSE, ORAL SEXUAL CONDUCT, ANAL SEXUAL CONDUCT, OR AGGRA-
12 VATED SEXUAL CONDUCT AS THOSE TERMS ARE DEFINED IN SECTION 130.00 OF
13 THIS PART.
14 AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE THIRD DEGREE IS
15 A CLASS E FELONY.
16 S 230.12 AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE SECOND
17 DEGREE.
18 A PERSON IS GUILTY OF AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION
19 IN THE SECOND DEGREE WHEN, BEING EIGHTEEN YEARS OLD OR MORE, HE OR SHE
20 PATRONIZES A PERSON FOR PROSTITUTION AND THE PERSON PATRONIZED IS LESS
21 THAN FIFTEEN YEARS OLD AND THE PERSON GUILTY OF PATRONIZING ENGAGES IN
22 SEXUAL INTERCOURSE, ORAL SEXUAL CONDUCT, ANAL SEXUAL CONDUCT, OR AGGRA-
23 VATED SEXUAL CONDUCT AS THOSE TERMS ARE DEFINED IN SECTION 130.00 OF
24 THIS PART.
25 AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE SECOND DEGREE
26 IS A CLASS D FELONY.
27 S 230.13 AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE FIRST
28 DEGREE.
29 A PERSON IS GUILTY OF AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION
30 IN THE FIRST DEGREE WHEN HE OR SHE PATRONIZES A PERSON FOR PROSTITUTION
31 AND THE PERSON PATRONIZED IS LESS THAN ELEVEN YEARS OLD, OR BEING EIGH-
32 TEEN YEARS OLD OR MORE, HE OR SHE PATRONIZES A PERSON FOR PROSTITUTION
33 AND THE PERSON PATRONIZED IS LESS THAN THIRTEEN YEARS OLD, AND THE
34 PERSON GUILTY OF PATRONIZING ENGAGES IN SEXUAL INTERCOURSE, ORAL SEXUAL
35 CONDUCT, ANAL SEXUAL CONDUCT, OR AGGRAVATED SEXUAL CONDUCT AS THOSE
36 TERMS ARE DEFINED IN SECTION 130.00 OF THIS PART.
37 AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE FIRST DEGREE IS
38 A CLASS B FELONY.
39 S 19. Subdivisions 1 and 2 of section 230.15 of the penal law are
40 amended to read as follows:
41 1. "Advance prostitution." A person "advances prostitution" when,
42 acting other than as a [prostitute] PERSON IN PROSTITUTION or as a
43 patron thereof, he OR SHE knowingly causes or aids a person to commit or
44 engage in prostitution, procures or solicits patrons for prostitution,
45 provides persons or premises for prostitution purposes, operates or
46 assists in the operation of a house of prostitution or a prostitution
47 enterprise, or engages in any other conduct designed to institute, aid
48 or facilitate an act or enterprise of prostitution.
49 2. "Profit from prostitution." A person "profits from prostitution"
50 when, acting other than as a [prostitute] PERSON IN PROSTITUTION receiv-
51 ing compensation for personally rendered prostitution services, he OR
52 SHE accepts or receives money or other property pursuant to an agreement
53 or understanding with any person whereby he OR SHE participates or is to
54 participate in the proceeds of prostitution activity.
55 S 20. Subdivision 1 of section 230.19 of the penal law, as added by
56 chapter 191 of the laws of 2011, is amended to read as follows:
S. 5879--A 10
1 1. A person is guilty of promoting prostitution in a school zone when,
2 being nineteen years [of age] OLD or [older] MORE, he or she knowingly
3 advances or profits from prostitution that he or she knows or reasonably
4 should know is or will be committed in violation of section 230.03 of
5 this article in a school zone during the hours that school is in
6 session.
7 S 21. The opening paragraph and subdivision 1 of section 230.25 of the
8 penal law, the opening paragraph as amended by chapter 627 of the laws
9 of 1978 and subdivision 1 as amended by chapter 74 of the laws of 2007,
10 are amended to read as follows:
11 A person is guilty of promoting prostitution in the third degree when
12 he OR SHE knowingly:
13 1. Advances or profits from prostitution by managing, supervising,
14 controlling or owning, either alone or in association with others, a
15 house of prostitution or a prostitution business or enterprise involving
16 prostitution activity by two or more [prostitutes] PERSONS IN PROSTITU-
17 TION, or a business that sells travel-related services knowing that such
18 services include or are intended to facilitate travel for the purpose of
19 patronizing a [prostitute] PERSON FOR PROSTITUTION, including to a
20 foreign jurisdiction and regardless of the legality of prostitution in
21 said foreign jurisdiction; or
22 S 22. Section 230.30 of the penal law, as amended by chapter 627 of
23 the laws of 1978, is amended to read as follows:
24 S 230.30 Promoting prostitution in the second degree.
25 A person is guilty of promoting prostitution in the second degree when
26 he OR SHE knowingly:
27 1. Advances prostitution by compelling a person by force or intim-
28 idation to engage in prostitution, or profits from such coercive conduct
29 by another; or
30 2. Advances or profits from prostitution of a person less than
31 [sixteen] EIGHTEEN years old.
32 Promoting prostitution in the second degree is a class C felony.
33 S 23. The first undesignated paragraph of section 230.32 of the penal
34 law, as added by chapter 627 of the laws of 1978, is amended to read as
35 follows:
36 A person is guilty of promoting prostitution in the first degree when
37 he OR SHE:
38 1. knowingly advances or profits from prostitution of a person less
39 than [eleven] THIRTEEN years old; OR
40 2. BEING TWENTY-ONE YEARS OLD OR MORE, HE OR SHE KNOWINGLY ADVANCES OR
41 PROFITS FROM PROSTITUTION OF A PERSON LESS THAN FIFTEEN YEARS OF AGE.
42 S 24. Section 230.33 of the penal law, as added by chapter 450 of the
43 laws of 2005, is amended to read as follows:
44 S 230.33 Compelling prostitution.
45 A person is guilty of compelling prostitution when, being [twenty-one]
46 EIGHTEEN years [of age or older] OLD OR MORE, he or she knowingly
47 advances prostitution by compelling a person less than [sixteen] EIGH-
48 TEEN years old, by force or intimidation, to engage in prostitution.
49 Compelling prostitution is a class B felony.
50 S 25. Section 230.35 of the penal law, as amended by chapter 450 of
51 the laws of 2005, is amended to read as follows:
52 S 230.35 Promoting or compelling prostitution; accomplice.
53 In a prosecution for promoting prostitution or compelling prostitu-
54 tion, a person less than [seventeen] EIGHTEEN years [of age] OLD from
55 whose prostitution activity another person is alleged to have advanced
S. 5879--A 11
1 or attempted to advance or profited or attempted to profit shall not be
2 deemed to be an accomplice.
3 S 26. The first undesignated paragraph of section 230.40 of the penal
4 law is amended to read as follows:
5 A person is guilty of permitting prostitution when, having possession
6 or control of premises OR VEHICLE which he OR SHE knows are being used
7 for prostitution purposes OR FOR THE PURPOSE OF ADVANCING PROSTITUTION,
8 he OR SHE fails to make reasonable effort to halt or abate such use.
9 S 27. Subdivision 2 of section 240.37 of the penal law, as added by
10 chapter 344 of the laws of 1976, is amended, and subdivision 3 is renum-
11 bered subdivision 4 and a new subdivision 3 is added to read as follows:
12 2. Any person who remains or wanders about in a public place and
13 repeatedly beckons to, or repeatedly stops, or repeatedly attempts to
14 stop, or repeatedly attempts to engage passers-by in conversation, or
15 repeatedly stops or attempts to stop motor vehicles, or repeatedly
16 interferes with the free passage of other persons, for the purpose of
17 prostitution[, or of patronizing a prostitute as those terms are] AS
18 THAT TERM IS defined in article two hundred thirty of [the penal law]
19 THIS PART, shall be guilty of a violation and is guilty of a class B
20 misdemeanor if such person has previously been convicted of a violation
21 of this section or of [sections] SECTION 230.00 [or 230.05] of [the
22 penal law] THIS PART.
23 3. ANY PERSON WHO REMAINS OR WANDERS ABOUT IN A PUBLIC PLACE AND
24 REPEATEDLY BECKONS TO, OR REPEATEDLY STOPS, OR REPEATEDLY ATTEMPTS TO
25 STOP, OR REPEATEDLY ATTEMPTS TO ENGAGE PASSERS-BY IN CONVERSATION, OR
26 REPEATEDLY STOPS OR ATTEMPTS TO STOP MOTOR VEHICLES, OR REPEATEDLY
27 INTERFERES WITH THE FREE PASSAGE OF OTHER PERSONS, FOR THE PURPOSE OF
28 PATRONIZING A PERSON FOR PROSTITUTION AS DEFINED IN SECTION 230.02 OF
29 THIS PART, SHALL BE GUILTY OF A VIOLATION AND IS GUILTY OF A CLASS B
30 MISDEMEANOR IF SUCH PERSON HAS PREVIOUSLY BEEN CONVICTED OF A VIOLATION
31 OF THIS SECTION OR OF SECTION 230.04, 230.05, 230.06 OR 230.08 OF THIS
32 PART.
33 S 28. Subdivision 6 of section 380.50 of the criminal procedure law,
34 as amended by chapter 320 of the laws of 2006, is amended to read as
35 follows:
36 6. Regardless of whether the victim requests to make a statement with
37 regard to the defendant's sentence, where the defendant is sentenced for
38 a violent felony offense as defined in section 70.02 of the penal law or
39 a felony defined in article one hundred twenty-five of such law or any
40 of the following provisions of such law sections 130.25, 130.30, 130.40,
41 130.45, 255.25, 255.26, 255.27, article two hundred sixty-three, 135.10,
42 135.25, 230.05, 230.06, 230.11, 230.12, 230.13, subdivision two of
43 section 230.30 or 230.32, the prosecutor shall, within sixty days of the
44 imposition of sentence, provide the victim with a form on which the
45 victim may indicate a demand to be informed of any petition to change
46 the name of such defendant. Such forms shall be maintained by such
47 prosecutor. Upon receipt of a notice of a petition to change the name of
48 any such defendant, pursuant to subdivision two of section sixty-two of
49 the civil rights law, the prosecutor shall promptly notify the victim at
50 the most current address or telephone number provided by such victim in
51 the most reasonable and expedient possible manner of the time and place
52 such petition will be presented to the court.
53 S 29. Paragraph (i) of subdivision 1 of section 440.10 of the criminal
54 procedure law, as added by chapter 332 of the laws of 2010, is amended
55 to read as follows:
S. 5879--A 12
1 (i) The judgment is a conviction where the arresting charge was under
2 section 240.37 (loitering for the purpose of engaging in a prostitution
3 offense, provided that the defendant was not alleged to be loitering for
4 the purpose of patronizing a prostitute or promoting prostitution) or
5 230.00 (prostitution) OR 230.03 of the penal law, and the defendant's
6 participation in the offense was a result of having been a victim of sex
7 trafficking under section 230.34 of the penal law, LABOR TRAFFICKING
8 UNDER SECTION 135.35 OF THE PENAL LAW, AGGRAVATED LABOR TRAFFICKING
9 UNDER SECTION 135.37 OF THE PENAL LAW, COMPELLING PROSTITUTION UNDER
10 SECTION 230.33 OF THE PENAL LAW, or trafficking in persons under the
11 Trafficking Victims Protection Act (United States Code, title 22, chap-
12 ter 78); provided that
13 (i) a motion under this paragraph shall be made with due diligence,
14 after the defendant has ceased to be a victim of such trafficking OR
15 COMPELLING PROSTITUTION CRIME or has sought services for victims of such
16 trafficking OR COMPELLING PROSTITUTION CRIME, subject to reasonable
17 concerns for the safety of the defendant, family members of the defend-
18 ant, or other victims of such trafficking OR COMPELLING PROSTITUTION
19 CRIME that may be jeopardized by the bringing of such motion, or for
20 other reasons consistent with the purpose of this paragraph; and
21 (ii) official documentation of the defendant's status as a victim of
22 [sex] trafficking, COMPELLING PROSTITUTION or trafficking in persons at
23 the time of the offense from a federal, state or local government agency
24 shall create a presumption that the defendant's participation in the
25 offense was a result of having been a victim of sex trafficking, COMPEL-
26 LING PROSTITUTION or trafficking in persons, but shall not be required
27 for granting a motion under this paragraph.
28 S 30. Section 483-bb of the social services law is amended by adding a
29 new subdivision (c) to read as follows:
30 (C) AN INDIVIDUAL WHO IS A VICTIM OF THE CONDUCT PROHIBITED BY SECTION
31 230.33, 230.34, 135.35 OR 135.37 OF THE PENAL LAW MAY BRING A CIVIL
32 ACTION AGAINST THE PERPETRATOR OR WHOEVER KNOWINGLY ADVANCES OR PROFITS
33 FROM, OR WHOEVER SHOULD HAVE KNOWN HE OR SHE WAS ADVANCING OR PROFITING
34 FROM, AN ACT IN VIOLATION OF SECTION 230.33, 230.34, 135.35 OR 135.37 OF
35 THE PENAL LAW TO RECOVER DAMAGES AND REASONABLE ATTORNEY'S FEES.
36 S 31. Section 212 of the civil practice law and rules is amended by
37 adding a new subdivision (e) to read as follows:
38 (E) BY A VICTIM OF SEX TRAFFICKING, COMPELLING PROSTITUTION, OR LABOR
39 TRAFFICKING. AN ACTION BY A VICTIM OF SEX TRAFFICKING, COMPELLING PROS-
40 TITUTION, LABOR TRAFFICKING OR AGGRAVATED LABOR TRAFFICKING, BROUGHT
41 PURSUANT TO SUBDIVISION (C) OF SECTION FOUR HUNDRED EIGHTY-THREE-BB OF
42 THE SOCIAL SERVICES LAW, MAY BE COMMENCED WITHIN TEN YEARS AFTER SUCH
43 VICTIMIZATION OCCURS PROVIDED, HOWEVER, THAT SUCH TEN YEAR PERIOD SHALL
44 NOT BEGIN TO RUN AND SHALL BE TOLLED DURING ANY PERIOD IN WHICH THE
45 VICTIM IS OR REMAINS SUBJECT TO SUCH CONDUCT.
46 S 32. Subdivision (a) of section 483-cc of the social services law, as
47 added by chapter 74 of the laws of 2007, is amended to read as follows:
48 (a) As soon as practicable after a first encounter with a person who
49 reasonably appears to a law enforcement agency [or a], district attor-
50 ney's office, OR AN ESTABLISHED PROVIDER OF SOCIAL OR LEGAL SERVICES
51 DESIGNATED BY THE OFFICE OF TEMPORARY AND AND DISABILITY ASSISTANCE OR
52 THE OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE OR THE OFFICE OF
53 VICTIM SERVICES to be a human trafficking victim, that [agency or] LAW
54 ENFORCEMENT AGENCY OR DISTRICT ATTORNEY'S office shall notify the office
55 of temporary and disability assistance and the division of criminal
56 justice services that such person may be eligible for services under
S. 5879--A 13
1 this article OR, IN THE CASE OF AN ESTABLISHED PROVIDER OF SOCIAL OR
2 LEGAL SERVICES, SHALL NOTIFY THE OFFICE OF TEMPORARY AND DISABILITY
3 ASSISTANCE AND THE DIVISION OF CRIMINAL JUSTICE SERVICES IF SUCH VICTIM
4 CONSENTS TO SEEKING SERVICES PURSUANT TO THIS ARTICLE.
5 S 33. Section 14 of chapter 74 of the laws of 2007, amending the penal
6 law, the criminal procedure law, the correction law, the social services
7 law, and the executive law relating to human trafficking, as amended by
8 chapter 24 of the laws of 2011, is amended to read as follows:
9 S 14. This act shall take effect on the first of November next
10 succeeding the date on which it shall have become a law; provided that
11 section 483-ee of the social services law, as added by section eleven of
12 this act, shall take effect immediately and shall remain in full force
13 and effect until September 1, [2013] 2018 when upon such date the
14 provisions of such section shall expire and be deemed repealed.
15 Provided, effective immediately, the addition, amendment and/or repeal
16 of any rule or regulation necessary for the timely implementation of the
17 provisions of article 10-D of the social services law, as added by
18 section eleven of this act, on its effective date are authorized to be
19 made on or before such effective date.
20 S 34. Subdivision (p) of section 10.03 of the mental hygiene law, as
21 added by chapter 7 of the laws of 2007, is amended to read as follows:
22 (p) "Sex offense" means an act or acts constituting: (1) any felony
23 defined in article one hundred thirty of the penal law, including a
24 sexually motivated felony; (2) patronizing a [prostitute] PERSON FOR
25 PROSTITUTION in the first degree as defined in section 230.06 of the
26 penal law, AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE FIRST
27 DEGREE AS DEFINED IN SECTION 230.13 OF THE PENAL LAW, AGGRAVATED PATRON-
28 IZING A MINOR FOR PROSTITUTION IN THE SECOND DEGREE AS DEFINED IN
29 SECTION 230.12 OF THE PENAL LAW, AGGRAVATED PATRONIZING A MINOR FOR
30 PROSTITUTION IN THE THIRD DEGREE AS DEFINED IN SECTION 230.11 OF THE
31 PENAL LAW, incest in the second degree as defined in section 255.26 of
32 the penal law, or incest in the first degree as defined in section
33 255.27 of the penal law; (3) a felony attempt or conspiracy to commit
34 any of the foregoing offenses set forth in this subdivision; or (4) a
35 designated felony, as defined in subdivision (f) of this section, if
36 sexually motivated and committed prior to the effective date of this
37 article.
38 S 35. Subparagraph (i) of paragraph (a) of subdivision 2 of section
39 168-a of the correction law, as amended by chapter 405 of the laws of
40 2008, is amended to read as follows:
41 (i) a conviction of or a conviction for an attempt to commit any of
42 the provisions of sections 120.70, 130.20, 130.25, 130.30, 130.40,
43 130.45, 130.60, 230.34, 250.50, 255.25, 255.26 and 255.27 or article two
44 hundred sixty-three of the penal law, or section 135.05, 135.10, 135.20
45 or 135.25 of such law relating to kidnapping offenses, provided the
46 victim of such kidnapping or related offense is less than seventeen
47 years old and the offender is not the parent of the victim, or section
48 230.04, where the person patronized is in fact less than seventeen years
49 of age, 230.05 [or], 230.06, [or] 230.11, 230.12, 230.13, subdivision
50 two of section 230.30, [or] section 230.32 [or], 230.33, OR 230.34 of
51 the penal law, OR SECTION 230.25 OF THE PENAL LAW WHERE THE PERSON PROS-
52 TITUTED IS IN FACT LESS THAN SEVENTEEN YEARS OLD, or
53 S 36. Paragraph (b) of subdivision 1 of section 168-d of the
54 correction law, as amended by chapter 74 of the laws of 2007, is amended
55 to read as follows:
S. 5879--A 14
1 (b) Where a defendant stands convicted of an offense defined in para-
2 graph (b) of subdivision two of section one hundred sixty-eight-a of
3 this article or where the defendant was convicted of patronizing a
4 [prostitute] PERSON FOR PROSTITUTION in the third degree under section
5 230.04 of the penal law and the defendant controverts an allegation that
6 the victim of such offense was less than eighteen years of age or, in
7 the case of a conviction under section 230.04 of the penal law, less
8 than seventeen years of age, the court, without a jury, shall, prior to
9 sentencing, conduct a hearing, and the people may prove by clear and
10 convincing evidence that the victim was less than eighteen years [of
11 age] OLD or less than seventeen years [of age] OLD, as applicable, by
12 any evidence admissible under the rules applicable to a trial of the
13 issue of guilt. The court in addition to such admissible evidence may
14 also consider reliable hearsay evidence submitted by either party
15 provided that it is relevant to the determination of the age of the
16 victim. Facts concerning the age of the victim proven at trial or ascer-
17 tained at the time of entry of a plea of guilty shall be deemed estab-
18 lished by clear and convincing evidence and shall not be relitigated. At
19 the conclusion of the hearing, or if the defendant does not controvert
20 an allegation that the victim of the offense was less than eighteen
21 years [of age] OLD or less than seventeen years [of age] OLD, as appli-
22 cable, the court must make a finding and enter an order setting forth
23 the age of the victim. If the court finds that the victim of such
24 offense was under eighteen years [of age] OLD or under seventeen years
25 [of age] OLD, as applicable, the court shall certify the defendant as a
26 sex offender, the provisions of paragraph (a) of this subdivision shall
27 apply and the defendant shall register with the division in accordance
28 with the provisions of this article.
29 S 37. Paragraph (c) of subdivision 4 of section 509-cc of the vehicle
30 and traffic law, as amended by chapter 400 of the laws of 2011, is
31 amended to read as follows:
32 (c) The offenses referred to in subparagraph (i) of paragraph (b) of
33 subdivision one and subparagraph (i) of paragraph (c) of subdivision two
34 of this section that result in disqualification for a period of five
35 years shall include a conviction under sections 100.10, 105.13, 115.05,
36 120.03, 120.04, 120.04-a, 120.05, 120.10, 120.25, 121.12, 121.13,
37 125.40, 125.45, 130.20, 130.25, 130.52, 130.55, 135.10, 135.55, 140.17,
38 140.25, 140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06, 220.09,
39 220.16, 220.31, 220.34, 220.60, 220.65, 221.30, 221.50, 221.55, 230.00,
40 230.05, 230.06, 230.11, 230.12, 230.13, 230.19, 230.20, 235.05, 235.06,
41 235.07, 235.21, 240.06, 245.00, 260.10, subdivision two of section
42 260.20 and sections 260.25, 265.02, 265.03, 265.08, 265.09, 265.10,
43 265.12, 265.35 of the penal law or an attempt to commit any of the afor-
44 esaid offenses under section 110.00 of the penal law, or any similar
45 offenses committed under a former section of the penal law, or any
46 offenses committed under a former section of the penal law which would
47 constitute violations of the aforesaid sections of the penal law, or any
48 offenses committed outside this state which would constitute violations
49 of the aforesaid sections of the penal law.
50 S 38. The vehicle and traffic law is amended by adding a new section
51 510-d to read as follows:
52 S 510-D. SUSPENSION AND REVOCATION OF CLASS E DRIVER'S LICENSES. 1. A
53 CLASS E DRIVER'S LICENSE SHALL BE SUSPENDED BY THE COMMISSIONER FOR A
54 PERIOD OF ONE YEAR WHERE THE HOLDER IS CONVICTED OF A VIOLATION OF
55 SECTION 230.20, 230.25, 230.30, 230.32, 230.34 OR 230.40 OF THE PENAL
56 LAW AND THE HOLDER USED A FOR HIRE MOTOR VEHICLE TO COMMIT SUCH CRIME.
S. 5879--A 15
1 2. A CLASS E DRIVER'S LICENSE MAY BE REVOKED BY THE COMMISSIONER WHEN
2 THE HOLDER, WHO HAD HIS OR HER DRIVER'S LICENSE SUSPENDED UNDER SUBDIVI-
3 SION ONE OF THIS SECTION WITHIN THE LAST TEN YEARS, IS CONVICTED OF A
4 SECOND VIOLATION OF SECTION 230.20, 230.25, 230.30, 230.32, 230.34 OR
5 230.40 OF THE PENAL LAW AND THE HOLDER USED A FOR HIRE MOTOR VEHICLE TO
6 COMMIT SUCH CRIME.
7 3. ANY REVOCATION OR SUSPENSION OF A CLASS E DRIVER'S LICENSE ISSUED
8 PURSUANT TO THIS ARTICLE SHALL BE APPLICABLE ONLY TO THAT PORTION OF THE
9 HOLDER'S DRIVER'S LICENSE OR PRIVILEGE WHICH PERMITS THE OPERATION OF A
10 MOTOR VEHICLE TRANSPORTING PASSENGERS FOR HIRE, AND THE COMMISSIONER
11 SHALL IMMEDIATELY ISSUE A LICENSE, OTHER THAN A CLASS E DRIVER'S
12 LICENSE, TO SUCH PERSON, PROVIDED THAT SUCH PERSON IS OTHERWISE ELIGIBLE
13 TO RECEIVE SUCH LICENSE AND FURTHER PROVIDED THAT ISSUING A LICENSE TO
14 SUCH PERSON DOES NOT CREATE A SUBSTANTIAL TRAFFIC SAFETY HAZARD.
15 4. THE PROVISIONS OF THIS SECTION SHALL NOT BE CONSTRUED TO PREVENT
16 ANY PERSON WHO HAS THE AUTHORITY TO SUSPEND OR REVOKE A LICENSE TO DRIVE
17 OR PRIVILEGE OF OPERATING PURSUANT TO SECTION FIVE HUNDRED TEN OF THIS
18 ARTICLE FROM EXERCISING ANY SUCH AUTHORITY.
19 S 39. Section 2324-a of the public health law, as amended by chapter
20 260 of the laws of 1978, is amended to read as follows:
21 S 2324-a. Presumptive evidence. For the purposes of this title, two
22 or more convictions of any person or persons had, within a period of one
23 year, for any of the offenses described in section 230.00, 230.05,
24 230.06, 230.08, 230.11, 230.12, 230.13, 230.20, 230.25 [or], 230.30 OR
25 230.32 of the penal law arising out of conduct engaged in at the same
26 real property consisting of a dwelling as that term is defined in subdi-
27 vision four of section four of the multiple dwelling law shall be
28 presumptive evidence of conduct constituting use of the premises for
29 purposes of prostitution.
30 S 40. Subdivision 2 of section 715 of the real property actions and
31 proceedings law, as added by chapter 494 of the laws of 1976, is amended
32 to read as follows:
33 2. For purposes of this section, two or more convictions of any person
34 or persons had, within a period of one year, for any of the offenses
35 described in section 230.00, 230.05, 230.06, 230.11, 230.12, 230.13,
36 230.20, 230.25, 230.30, 230.32 or 230.40 of the penal law arising out of
37 conduct engaged in at the same real property consisting of a dwelling as
38 that term is defined in subdivision four of section four of the multiple
39 dwelling law shall be presumptive evidence of conduct constituting use
40 of the premises for purposes of prostitution.
41 S 41. Subdivision 3 of section 231 of the real property law, as
42 amended by chapter 203 of the laws of 1980, is amended to read as
43 follows:
44 3. For the purposes of this section, two or more convictions of any
45 person or persons had, within a period of one year, for any of the
46 offenses described in section 230.00, 230.05, 230.06, 230.11, 230.12,
47 230.13, 230.20, 230.25, 230.30, 230.32 or 230.40 of the penal law aris-
48 ing out of conduct engaged in at the same premises consisting of a
49 dwelling as that term is defined in subdivision four of section four of
50 the multiple dwelling law shall be presumptive evidence of unlawful use
51 of such premises and of the owners knowledge of the same.
52 S 42. Subdivision 3 of section 840 of the executive law is amended by
53 adding a new paragraph (f-1) to read as follows:
54 (F-1) DEVELOP, MAINTAIN AND DISSEMINATE, IN CONSULTATION WITH THE
55 OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE AND THE DIVISION OF CRIMI-
56 NAL JUSTICE SERVICES, WRITTEN POLICIES AND PROCEDURES REGARDING HUMAN
S. 5879--A 16
1 TRAFFICKING VICTIMS. SUCH POLICIES AND PROCEDURES SHALL INCLUDE, BUT NOT
2 BE LIMITED TO THE FOLLOWING: (1) THE IDENTIFICATION OF POTENTIAL VICTIMS
3 OF HUMAN TRAFFICKING, AS DEFINED UNDER SECTION FOUR HUNDRED
4 EIGHTY-THREE-AA OF THE SOCIAL SERVICES LAW; AND (2) INFORMATION AND/OR
5 REFERRAL TO APPROPRIATE SOCIAL AND LEGAL SERVICES FOR VICTIMS OF HUMAN
6 TRAFFICKING IN ACCORDANCE WITH SECTION FOUR HUNDRED EIGHTY-THREE-BB OF
7 THE SOCIAL SERVICES LAW;
8 S 43. The executive law is amended by adding a new section 214-d to
9 read as follows:
10 S 214-D. HUMAN TRAFFICKING AWARENESS. THE SUPERINTENDENT, IN CONSULTA-
11 TION WITH THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE AND THE
12 DIVISION OF CRIMINAL JUSTICE SERVICES, SHALL: (1) DEVELOP, MAINTAIN AND
13 DISSEMINATE TO ALL MEMBERS OF THE STATE POLICE, INCLUDING NEW AND VETER-
14 AN OFFICERS, WRITTEN POLICIES, PROCEDURES AND EDUCATIONAL MATERIALS
15 RELATING TO HUMAN TRAFFICKING VICTIMS, INCLUDING SERVICES AVAILABLE FOR
16 VICTIMS OF HUMAN TRAFFICKING, AS REFERENCED IN SECTION FOUR HUNDRED
17 EIGHTY-THREE-BB OF THE SOCIAL SERVICES LAW; AND (2) ESTABLISH AND IMPLE-
18 MENT WRITTEN PROCEDURES AND POLICIES IN THE EVENT A MEMBER OF THE DIVI-
19 SION OF STATE POLICE ENCOUNTERS AN INDIVIDUAL BELIEVED TO BE A VICTIM OF
20 HUMAN TRAFFICKING, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, THE
21 PROVISION OF INFORMATION AND/OR REFERRAL TO AN APPROPRIATE PROVIDER OF
22 SOCIAL AND LEGAL SERVICES TO HUMAN TRAFFICKING VICTIMS, IN ACCORDANCE
23 WITH SUCH SECTION FOUR HUNDRED EIGHTY-THREE-BB.
24 S 44. Severability clause. If any clause, sentence, paragraph, subdi-
25 vision, section or part of this act shall be adjudged by a court of
26 competent jurisdiction to be invalid, such judgment shall not affect,
27 impair or invalidate the remainder thereof, but shall be confined in its
28 operation to the clause, sentence, paragraph, subdivision, section or
29 part thereof directly involved in the controversy in which such judgment
30 shall have been rendered. It is hereby declared to be the intent of the
31 legislature that this act would have been enacted even if such invalid
32 provisions had not been included herein.
33 S 45. This act shall take effect on the ninetieth day after it shall
34 have become a law.