S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2240
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  M. of A. PAULIN, DINOWITZ, SCARBOROUGH, ROSENTHAL, COOK,
         LAVINE,  ZEBROWSKI,  ABBATE,  CUSICK,  ENGLEBRIGHT,   GALEF,   GIBSON,
         GUNTHER,  JAFFEE,  MAGNARELLI, MARKEY, MILLMAN, MOYA, ROBERTS, WEISEN-
         BERG -- Multi-Sponsored by -- M.  of  A.    BOYLAND,  COLTON,  JACOBS,
         THIELE -- read once and referred to the Committee on Codes
       AN  ACT  to  amend the penal law, the criminal procedure law, the social
         services law, 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 prostitution
         offenses; and to repeal section 230.07 of the penal law relating ther-
         eto
         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
   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
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03210-01-3
       A. 2240                             2
    1  must sentence the defendant in accordance with the provisions of section
    2  70.80 of this title.
    3    S 3. Paragraph (a) of subdivision 1 of section 70.02 of the penal law,
    4  as  amended  by  chapter  320 of the laws of 2006, is amended to read as
    5  follows:
    6    (a) Class B violent felony offenses: an attempt to  commit  the  class
    7  A-I  felonies  of  murder  in  the  second  degree as defined in section
    8  125.25, kidnapping in the first degree as defined in section 135.25, and
    9  arson in the first degree as defined in section 150.20; manslaughter  in
   10  the  first  degree as defined in section 125.20, aggravated manslaughter
   11  in the first degree as defined in section  125.22,  rape  in  the  first
   12  degree  as  defined  in section 130.35, criminal sexual act in the first
   13  degree as defined in section 130.50,  aggravated  sexual  abuse  in  the
   14  first  degree  as  defined  in  section 130.70, course of sexual conduct
   15  against a child in the  first  degree  as  defined  in  section  130.75;
   16  assault  in the first degree as defined in section 120.10, kidnapping in
   17  the second degree as defined in section 135.20, burglary  in  the  first
   18  degree  as  defined  in  section  140.30,  arson in the second degree as
   19  defined in section 150.15, robbery in the first  degree  as  defined  in
   20  section  160.15, SEX TRAFFICKING AS DEFINED IN SECTION 230.34, incest in
   21  the first degree as defined in section 255.27, criminal possession of  a
   22  weapon in the first degree as defined in section 265.04, criminal use of
   23  a  firearm  in  the  first degree as defined in section 265.09, criminal
   24  sale of a firearm in the first degree  as  defined  in  section  265.13,
   25  aggravated  assault  upon a police officer or a peace officer as defined
   26  in section 120.11, gang assault  in  the  first  degree  as  defined  in
   27  section  120.07, intimidating a victim or witness in the first degree as
   28  defined in section 215.17, hindering prosecution  of  terrorism  in  the
   29  first  degree  as  defined  in  section 490.35, criminal possession of a
   30  chemical weapon or biological weapon in the second degree as defined  in
   31  section  490.40,  and  criminal  use  of a chemical weapon or biological
   32  weapon in the third degree as defined in section 490.47.
   33    S 4. Paragraph (a) of subdivision 1 of section 70.80 of the penal law,
   34  as added by chapter 7 of the  laws  of  2007,  is  amended  to  read  as
   35  follows:
   36    (a)  For  the purposes of this section, a "felony sex offense" means a
   37  conviction of any felony defined in article one hundred thirty  of  this
   38  chapter,  including a sexually motivated felony, or patronizing a [pros-
   39  titute] PERSON FOR PROSTITUTION  in  the  first  degree  as  defined  in
   40  section 230.06 of this chapter, PATRONIZING A PERSON FOR PROSTITUTION IN
   41  THE  SECOND  DEGREE AS DEFINED IN SECTION 230.05 OF THIS CHAPTER, AGGRA-
   42  VATED PATRONIZING A MINOR  FOR  PROSTITUTION  IN  THE  THIRD  DEGREE  AS
   43  DEFINED  IN  SECTION  230.11  OF  THIS CHAPTER, AGGRAVATED PATRONIZING A
   44  MINOR FOR PROSTITUTION IN THE SECOND DEGREE AS DEFINED IN SECTION 230.12
   45  OF THIS CHAPTER, AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN  THE
   46  FIRST DEGREE AS DEFINED IN SECTION 230.13 OF THIS CHAPTER, incest in the
   47  second degree as defined in section 255.26 of this chapter, or incest in
   48  the  first  degree  as  defined  in section 255.27 of this chapter, or a
   49  felony attempt or conspiracy to commit any of the above.
   50    S 5.  The closing paragraph of section 135.35 of  the  penal  law,  as
   51  added by chapter 74 of the laws of 2007, is amended to read as follows:
   52    Labor trafficking is a class [D] B felony.
   53    S  6.  The penal law is amended by adding a new section 230.01 to read
   54  as follows:
   55  S 230.01 PROSTITUTION; DEFENSE.
       A. 2240                             3
    1    IN ANY PROSECUTION  UNDER  SECTION  230.00  OR  SUBDIVISION  THREE  OF
    2  SECTION  240.37  OF  THIS  PART,  IT  IS AN AFFIRMATIVE DEFENSE THAT THE
    3  DEFENDANT'S PARTICIPATION IN THE OFFENSE WAS A RESULT OF HAVING  BEEN  A
    4  VICTIM  OF  SEX  TRAFFICKING  UNDER  SECTION 230.34 OF THIS ARTICLE OR A
    5  VICTIM   OF   TRAFFICKING  IN  PERSONS  UNDER  THE  TRAFFICKING  VICTIMS
    6  PROTECTION ACT (UNITED STATES CODE, TITLE 22, CHAPTER 78).
    7    S 7. The section heading and subdivision 1 of section  230.02  of  the
    8  penal law, as amended by chapter 627 of the laws of 1978, are amended to
    9  read as follows:
   10  Patronizing a [prostitute] PERSON FOR PROSTITUTION; definitions.
   11    1. A person patronizes a [prostitute] PERSON FOR PROSTITUTION when:
   12    (a) Pursuant to a prior understanding, he OR SHE pays a fee to another
   13  person  as compensation for such person or a third person having engaged
   14  in sexual conduct with him OR HER; or
   15    (b) He OR SHE pays or agrees to pay a fee to another  person  pursuant
   16  to  an  understanding  that  in  return  therefor such person or a third
   17  person will engage in sexual conduct with him OR HER; or
   18    (c) He OR SHE solicits or requests another person to engage in  sexual
   19  conduct with him OR HER in return for a fee.
   20    S  8.  Subdivision  2  of section 230.03 of the penal law, as added by
   21  chapter 191 of the laws of 2011, is amended to read as follows:
   22    2. For the purposes of this section, SECTION 230.08 and section 230.19
   23  of this article, "school zone" means (a) in or on or within  any  build-
   24  ing,  structure,  athletic  playing  field, playground or land contained
   25  within the real property boundary line of a public or private  elementa-
   26  ry, parochial, intermediate, junior high, vocational, or high school, or
   27  (b)  any  public  sidewalk,  street,  parking  lot,  park, playground or
   28  private land, located immediately adjacent to the boundary line of  such
   29  school.
   30    S  9.  Section  230.07  of the penal law is REPEALED and a new section
   31  230.08 is added to read as follows:
   32  S 230.08 PATRONIZING A PERSON FOR PROSTITUTION IN A SCHOOL ZONE.
   33    1. A PERSON IS GUILTY OF PATRONIZING A PERSON FOR  PROSTITUTION  IN  A
   34  SCHOOL ZONE WHEN HE OR SHE COMMITS THE CRIME OF PATRONIZING A PERSON FOR
   35  PROSTITUTION  IN  VIOLATION OF SECTION 230.04, 230.05, OR 230.06 OF THIS
   36  ARTICLE IN A SCHOOL ZONE DURING THE HOURS THAT SCHOOL IS IN SESSION.
   37    2. FOR PURPOSES OF THIS SECTION,  "SCHOOL  ZONE"  SHALL  MEAN  "SCHOOL
   38  ZONE" AS DEFINED IN SUBDIVISION TWO OF SECTION 230.03 OF THIS ARTICLE.
   39    PATRONIZING  A  PERSON  FOR PROSTITUTION IN A SCHOOL ZONE IS A CLASS E
   40  FELONY.
   41    S 10. Section 230.04 of the penal law, as amended by chapter 74 of the
   42  laws of 2007, is amended to read as follows:
   43  S 230.04 Patronizing a [prostitute] PERSON FOR PROSTITUTION in the third
   44             degree.
   45    A person is guilty of patronizing a [prostitute] PERSON FOR  PROSTITU-
   46  TION in the third degree when he or she patronizes a [prostitute] PERSON
   47  FOR PROSTITUTION.
   48    Patronizing a [prostitute] PERSON FOR PROSTITUTION in the third degree
   49  is a class A misdemeanor.
   50    S  11. Section 230.05 of the penal law, as added by chapter 627 of the
   51  laws of 1978, is amended to read as follows:
   52  S 230.05 Patronizing a  [prostitute]  PERSON  FOR  PROSTITUTION  in  the
   53             second degree.
   54    A  person is guilty of patronizing a [prostitute] PERSON FOR PROSTITU-
   55  TION in the second degree when, being [over] eighteen years [of age] OLD
   56  OR MORE, he OR SHE patronizes a [prostitute] PERSON FOR PROSTITUTION and
       A. 2240                             4
    1  the person patronized is less than [fourteen]  FIFTEEN  years  [of  age]
    2  OLD.
    3    Patronizing  a  [prostitute]  PERSON  FOR  PROSTITUTION  in the second
    4  degree is a class E felony.
    5    S 12. Section 230.06 of the penal law, as added by chapter 627 of  the
    6  laws of 1978, is amended to read as follows:
    7  S 230.06 Patronizing a [prostitute] PERSON FOR PROSTITUTION in the first
    8             degree.
    9    A  person is guilty of patronizing a [prostitute] PERSON FOR PROSTITU-
   10  TION in the first degree when [he]:
   11    1. HE OR SHE patronizes a [prostitute] PERSON FOR PROSTITUTION and the
   12  person patronized is less than eleven years [of age] OLD; OR
   13    2. BEING EIGHTEEN YEARS OLD OR MORE, HE OR SHE PATRONIZES A PERSON FOR
   14  PROSTITUTION AND THE PERSON PATRONIZED IS LESS THAN THIRTEEN YEARS OLD.
   15    Patronizing a [prostitute] PERSON FOR PROSTITUTION in the first degree
   16  is a class D felony.
   17    S 13. The section heading and the opening paragraph of section  230.10
   18  of the penal law are amended to read as follows:
   19  Prostitution  and patronizing a [prostitute] PERSON FOR PROSTITUTION; no
   20             defense.
   21    In any prosecution for  prostitution  or  patronizing  a  [prostitute]
   22  PERSON  FOR  PROSTITUTION,  the  sex  of  the two parties or prospective
   23  parties to the sexual conduct engaged in, contemplated or  solicited  is
   24  immaterial, and it is no defense that:
   25    S  14.  The  penal law is amended by adding three new sections 230.11,
   26  230.12 and 230.13 to read as follows:
   27  S 230.11 AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION  IN  THE  THIRD
   28             DEGREE.
   29    A  PERSON IS GUILTY OF AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION
   30  IN THE THIRD DEGREE WHEN, BEING TWENTY-ONE YEARS OLD OR MORE, HE OR  SHE
   31  PATRONIZES  A  PERSON FOR PROSTITUTION AND THE PERSON PATRONIZED IS LESS
   32  THAN EIGHTEEN YEARS OLD AND THE PERSON GUILTY OF PATRONIZING ENGAGES  IN
   33  SEXUAL  INTERCOURSE, ORAL SEXUAL CONDUCT, ANAL SEXUAL CONDUCT, OR AGGRA-
   34  VATED SEXUAL CONDUCT.
   35    AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE THIRD DEGREE IS
   36  A CLASS E FELONY.
   37  S 230.12 AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN  THE  SECOND
   38             DEGREE.
   39    A  PERSON IS GUILTY OF AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION
   40  IN THE SECOND DEGREE WHEN, BEING EIGHTEEN YEARS OLD OR MORE, HE  OR  SHE
   41  PATRONIZES  A  PERSON FOR PROSTITUTION AND THE PERSON PATRONIZED IS LESS
   42  THAN FIFTEEN YEARS OLD AND THE PERSON GUILTY OF PATRONIZING  ENGAGES  IN
   43  SEXUAL  INTERCOURSE, ORAL SEXUAL CONDUCT, ANAL SEXUAL CONDUCT, OR AGGRA-
   44  VATED SEXUAL CONDUCT.
   45    AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE  SECOND  DEGREE
   46  IS A CLASS D FELONY.
   47  S 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, BEING  EIGHTEEN
   52  YEARS  OLD  OR  MORE, HE OR SHE PATRONIZES A PERSON FOR PROSTITUTION AND
   53  THE PERSON PATRONIZED IS LESS THAN THIRTEEN YEARS OLD,  AND  THE  PERSON
   54  GUILTY  OF  PATRONIZING  ENGAGES  IN  SEXUAL  INTERCOURSE,  ORAL  SEXUAL
   55  CONDUCT, ANAL SEXUAL CONDUCT, OR AGGRAVATED SEXUAL CONDUCT.
       A. 2240                             5
    1    AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE FIRST DEGREE IS
    2  A CLASS B FELONY.
    3    S  15.  Subdivisions  1  and  2 of section 230.15 of the penal law are
    4  amended to read as follows:
    5    1. "Advance prostitution."  A  person  "advances  prostitution"  when,
    6  acting  other  than  as  a  [prostitute]  PERSON IN PROSTITUTION or as a
    7  patron thereof, he OR SHE knowingly causes or aids a person to commit or
    8  engage in prostitution, procures or solicits patrons  for  prostitution,
    9  provides  persons  or  premises  for  prostitution purposes, operates or
   10  assists in the operation of a house of prostitution  or  a  prostitution
   11  enterprise,  or  engages in any other conduct designed to institute, aid
   12  or facilitate an act or enterprise of prostitution.
   13    2. "Profit from prostitution." A person  "profits  from  prostitution"
   14  when, acting other than as a [prostitute] PERSON IN PROSTITUTION receiv-
   15  ing  compensation  for  personally rendered prostitution services, he OR
   16  SHE accepts or receives money or other property pursuant to an agreement
   17  or understanding with any person whereby he OR SHE participates or is to
   18  participate in the proceeds of prostitution activity.
   19    S 16. Subdivision 1 of section 230.19 of the penal law,  as  added  by
   20  chapter 191 of the laws of 2011, is amended to read as follows:
   21    1. A person is guilty of promoting prostitution in a school zone when,
   22  being  nineteen  years [of age] OLD or [older] MORE, he or she knowingly
   23  advances or profits from prostitution [that he or she knows  or  reason-
   24  ably  should know is or will be committed in violation of section 230.03
   25  of this article] in a school zone during the hours  that  school  is  in
   26  session.
   27    S 17. The opening paragraph and subdivisions 1 and 2 of section 230.25
   28  of  the penal law, the opening paragraph and subdivision 2 as amended by
   29  chapter 627 of the laws of 1978 and subdivision 1 as amended by  chapter
   30  74 of the laws of 2007, are amended to read as follows:
   31    A  person is guilty of promoting prostitution in the third degree when
   32  he OR SHE knowingly:
   33    1. Advances or profits from  prostitution  by  managing,  supervising,
   34  controlling  or  owning,  either  alone or in association with others, a
   35  house of prostitution or a prostitution business or enterprise involving
   36  prostitution activity by two or more [prostitutes] PERSONS IN  PROSTITU-
   37  TION, or a business that sells travel-related services knowing that such
   38  services include or are intended to facilitate travel for the purpose of
   39  patronizing  a  [prostitute]  PERSON  FOR  PROSTITUTION,  including to a
   40  foreign jurisdiction and regardless of the legality of  prostitution  in
   41  said foreign jurisdiction; or
   42    2.  PROFITS  FROM PROSTITUTION BY ENGAGING, EITHER ALONE OR IN ASSOCI-
   43  ATION WITH OTHERS, IN A BUSINESS OR ENTERPRISE CONSISTING OF THE  TRANS-
   44  PORTING OF A PERSON OR PERSONS FOR THE PURPOSES OF PROSTITUTION; OR
   45    3.  Advances  or profits from prostitution of a person less than nine-
   46  teen years old.
   47    S 18. The opening paragraph of section 230.30 of  the  penal  law,  as
   48  amended  by  chapter  627  of  the  laws  of 1978, is amended to read as
   49  follows:
   50    A person is guilty of promoting prostitution in the second degree when
   51  he OR SHE knowingly:
   52    S 19. The first undesignated paragraph of section 230.32 of the  penal
   53  law,  as added by chapter 627 of the laws of 1978, is amended to read as
   54  follows:
       A. 2240                             6
    1    A person is guilty of promoting prostitution in the first degree  when
    2  he  OR  SHE  knowingly advances or profits from prostitution of a person
    3  less than [eleven] THIRTEEN years old.
    4    S  20. Section 230.33 of the penal law, as added by chapter 450 of the
    5  laws of 2005, is amended to read as follows:
    6  S 230.33 Compelling prostitution.
    7    A person is guilty of compelling prostitution when,  being  twenty-one
    8  years  [of age or older] OLD OR MORE, he or she knowingly advances pros-
    9  titution by compelling a person less than [sixteen] EIGHTEEN years  old,
   10  by force or intimidation, to engage in prostitution.
   11    Compelling prostitution is a class B felony.
   12    S  21.  Subdivision  1  and  paragraph (h) of subdivision 5 of section
   13  230.34 of the penal law, as added by chapter 74 of the laws of 2007, are
   14  amended and a new subdivision 6 is added to read as follows:
   15    1. unlawfully providing to a person who is patronized, with intent  to
   16  impair  said person's judgment: (a) a narcotic drug or a narcotic prepa-
   17  ration; (b) MARIJUANA OR concentrated cannabis as defined  in  paragraph
   18  (a)  of  subdivision  four  of  section  thirty-three hundred two of the
   19  public health law; (c) methadone; [or] (d)  gamma-hydroxybutyrate  (GHB)
   20  or  flunitrazepan,  also  known  as Rohypnol; OR (E) METHYLENEDIOXYMETH-
   21  AMPHETAMINE (MDMA), ALSO KNOWN AS ECSTASY;
   22    (h) perform any other act which would not in itself materially benefit
   23  the actor but which is calculated to harm the person who  is  patronized
   24  materially  with  respect  to  his or her health, safety, or immigration
   25  status[.]; OR
   26    6. KNOWINGLY ADVANCING PROSTITUTION OF A  PERSON  LESS  THAN  EIGHTEEN
   27  YEARS OLD.
   28    S  22.  Section  230.35 of the penal law, as amended by chapter 450 of
   29  the laws of 2005, is amended to read as follows:
   30  S 230.35 Promoting or compelling prostitution; accomplice.
   31    In a prosecution for promoting prostitution  or  compelling  prostitu-
   32  tion,  a  person  less than [seventeen] EIGHTEEN years [of age] OLD from
   33  whose prostitution activity another person is alleged to  have  advanced
   34  or  attempted to advance or profited or attempted to profit shall not be
   35  deemed to be an accomplice.
   36    S 23. The first undesignated paragraph of section 230.40 of the  penal
   37  law is amended to read as follows:
   38    A  person is guilty of permitting prostitution when, having possession
   39  or control of premises OR VEHICLE which he OR SHE knows are  being  used
   40  for  prostitution purposes OR FOR THE PURPOSE OF ADVANCING PROSTITUTION,
   41  he OR SHE fails to make reasonable effort to halt or abate such use.
   42    S 24. Subdivision 2 of section 240.37 of the penal law,  as  added  by
   43  chapter 344 of the laws of 1976, is amended, subdivision 3 is renumbered
   44  subdivision 4 and a new subdivision 3 is added to read as follows:
   45    2.  Any  person  who  remains  or  wanders about in a public place and
   46  repeatedly beckons to, or repeatedly stops, or  repeatedly  attempts  to
   47  stop,  or  repeatedly  attempts to engage passers-by in conversation, or
   48  repeatedly stops or attempts  to  stop  motor  vehicles,  or  repeatedly
   49  interferes  with  the  free passage of other persons, for the purpose of
   50  prostitution[, or of patronizing a prostitute as  those  terms  are]  AS
   51  THAT  TERM  IS  defined in article two hundred thirty of [the penal law]
   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 [sections] SECTION  230.00  [or  230.05]  of  [the
   55  penal law] THIS PART.
       A. 2240                             7
    1    3.  ANY  PERSON  WHO  REMAINS  OR  WANDERS ABOUT IN A PUBLIC PLACE AND
    2  REPEATEDLY BECKONS TO, OR REPEATEDLY STOPS, OR  REPEATEDLY  ATTEMPTS  TO
    3  STOP,  OR  REPEATEDLY  ATTEMPTS TO ENGAGE PASSERS-BY IN CONVERSATION, OR
    4  REPEATEDLY STOPS OR ATTEMPTS  TO  STOP  MOTOR  VEHICLES,  OR  REPEATEDLY
    5  INTERFERES  WITH  THE  FREE PASSAGE OF OTHER PERSONS, FOR THE PURPOSE OF
    6  PATRONIZING A PERSON FOR PROSTITUTION AS DEFINED IN  SECTION  230.02  OF
    7  THIS  PART,  SHALL  BE  GUILTY OF A VIOLATION AND IS GUILTY OF A CLASS B
    8  MISDEMEANOR IF SUCH PERSON HAS PREVIOUSLY BEEN CONVICTED OF A  VIOLATION
    9  OF  THIS  SECTION OR OF SECTION 230.04, 230.05, 230.06 OR 230.08 OF THIS
   10  PART.
   11    S 25. The section heading of section 170.15 of the criminal  procedure
   12  law, as amended by chapter 661 of the laws of 1972, is amended and a new
   13  subdivision 5 is added to read as follows:
   14    Removal of action from [one local] criminal court to another COURT.
   15    5.  (A)  WHEN  A  DEFENDANT  WHO  IS  LESS THAN EIGHTEEN YEARS OLD AND
   16  ALLEGED TO HAVE ENGAGED IN ANY ACT DEFINED IN SECTION 230.00 OR SUBDIVI-
   17  SION TWO OF SECTION 240.37 OF THE PENAL LAW IS BROUGHT  FOR  ARRAIGNMENT
   18  UPON  AN  INFORMATION,  SIMPLIFIED  INFORMATION OR MISDEMEANOR COMPLAINT
   19  CHARGING SUCH OFFENSE, THE COURT MUST ORDER THE ACTION REMOVED TO FAMILY
   20  COURT FOR FURTHER PROCEEDINGS IN ACCORDANCE WITH ARTICLE  SEVEN  OF  THE
   21  FAMILY  COURT  ACT.  THE  ORDER  OF  REMOVAL MUST DIRECT THAT ALL OF THE
   22  PLEADINGS AND PROCEEDINGS IN THE ACTION, OR  A  CERTIFIED  COPY  OF  THE
   23  SAME,  BE TRANSFERRED TO THE DESIGNATED FAMILY COURT AND BE DELIVERED TO
   24  AND FILED WITH THE CLERK OF THAT COURT.  THE  PROCEDURES  SET  FORTH  IN
   25  SECTIONS  725.10,  725.15  AND  725.20  OF THIS CHAPTER FOR TRANSFER AND
   26  SEALING OF RECORDS SHALL APPLY TO THIS PROVISION WHENEVER APPLICABLE.
   27    (B) THE COURT  MUST  INFORM  THE  DEFENDANT  OF  THE  AVAILABILITY  OF
   28  SERVICES UNDER SECTION 447-B OF THE SOCIAL SERVICES LAW.
   29    S  26.  Subdivision 6 of section 380.50 of the criminal procedure law,
   30  as amended by chapter 320 of the laws of 2006, is  amended  to  read  as
   31  follows:
   32    6.  Regardless of whether the victim requests to make a statement with
   33  regard to the defendant's sentence, where the defendant is sentenced for
   34  a violent felony offense as defined in section 70.02 of the penal law or
   35  a felony defined in article one hundred twenty-five of such law  or  any
   36  of  the  following  provisions  of  such  law:  sections 130.25, 130.30,
   37  130.40, 130.45, 255.25, 255.26, 255.27, article two hundred sixty-three,
   38  135.10, 135.25, 230.04, 230.05, 230.06, 230.08, 230.11, 230.12,  230.13,
   39  subdivision two of section 230.30 or 230.32, the prosecutor shall, with-
   40  in  sixty  days of the imposition of sentence, provide the victim with a
   41  form on which the victim may indicate a demand to  be  informed  of  any
   42  petition  to  change  the  name of such defendant.   Such forms shall be
   43  maintained by such prosecutor. Upon receipt of a notice of a petition to
   44  change the name of any such defendant, pursuant to  subdivision  two  of
   45  section sixty-two of the civil rights law, the prosecutor shall promptly
   46  notify  the  victim  at  the  most  current  address or telephone number
   47  provided by such victim in the most reasonable  and  expedient  possible
   48  manner  of  the  time  and  place such petition will be presented to the
   49  court.
   50    S 27. The opening paragraph of  paragraph  (i)  of  subdivision  1  of
   51  section 440.10 of the criminal procedure law, as added by chapter 332 of
   52  the laws of 2010, is amended to read as follows:
   53    The  judgment  is  a  conviction  where the arresting charge was under
   54  section 240.37 (loitering for the purpose of engaging in a  prostitution
   55  offense, provided that the defendant was not alleged to be loitering for
   56  the  purpose  of  patronizing  a [prostitute] PERSON FOR PROSTITUTION or
       A. 2240                             8
    1  promoting prostitution) or 230.00 (prostitution) of the penal  law,  and
    2  the defendant's participation in the offense was a result of having been
    3  a  victim  of  sex  trafficking under section 230.34 of the penal law or
    4  trafficking  in  persons  under  the  Trafficking Victims Protection Act
    5  (United States Code, title 22, chapter 78); provided that
    6    S 28.  Paragraph (h) of subdivision 8 of section 700.05 of the  crimi-
    7  nal  procedure  law,  as  amended by chapter 154 of the laws of 1990, is
    8  amended to read as follows:
    9    (h) Promoting prostitution in the first degree, as defined in  section
   10  230.32 of the penal law, promoting prostitution in the second degree, as
   11  defined by subdivision one of section 230.30 of the penal law, PROMOTING
   12  PROSTITUTION  IN  THE  THIRD DEGREE, AS DEFINED IN SECTION 230.25 OF THE
   13  PENAL LAW;
   14    S 29. Subdivision (a) of section 483-cc of the social services law, as
   15  added by chapter 74 of the laws of 2007, is amended to read as follows:
   16    (a) As soon as practicable after a first encounter with a  person  who
   17  reasonably  appears  to a law enforcement agency [or a], district attor-
   18  ney's office, OR AN ESTABLISHED PROVIDER OF  SOCIAL  OR  LEGAL  SERVICES
   19  DESIGNATED  BY  THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE OR THE
   20  OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE to be a human trafficking
   21  victim, that agency [or], office OR PROVIDER 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.
   25    S 30. Subdivision (p) of section 10.03 of the mental hygiene  law,  as
   26  added by chapter 7 of the laws of 2007, is amended to read as follows:
   27    (p)  "Sex  offense"  means an act or acts constituting: (1) any felony
   28  defined in article one hundred thirty of  the  penal  law,  including  a
   29  sexually  motivated  felony;  (2)  patronizing a [prostitute] PERSON FOR
   30  PROSTITUTION in the first degree as defined in  section  230.06  of  the
   31  penal  law, AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE FIRST
   32  DEGREE AS DEFINED IN SECTION 230.13 OF THE PENAL LAW, AGGRAVATED PATRON-
   33  IZING A MINOR FOR PROSTITUTION  IN  THE  SECOND  DEGREE  AS  DEFINED  IN
   34  SECTION  230.12  OF  THE  PENAL  LAW, AGGRAVATED PATRONIZING A MINOR FOR
   35  PROSTITUTION IN THE THIRD DEGREE AS DEFINED IN  SECTION  230.11  OF  THE
   36  PENAL  LAW,  incest in the second degree as defined in section 255.26 of
   37  the penal law, or incest in the  first  degree  as  defined  in  section
   38  255.27  of  the  penal law; (3) a felony attempt or conspiracy to commit
   39  any of the foregoing offenses set forth in this subdivision;  or  (4)  a
   40  designated  felony,  as  defined  in subdivision (f) of this section, if
   41  sexually motivated and committed prior to the  effective  date  of  this
   42  article.
   43    S  31.  Subparagraph  (i) of paragraph (a) of subdivision 2 of section
   44  168-a of the correction law, as amended by chapter 405 of  the  laws  of
   45  2008, is amended to read as follows:
   46    (i)  a  conviction  of or a conviction for an attempt to commit any of
   47  the provisions of  sections  120.70,  130.20,  130.25,  130.30,  130.40,
   48  130.45, 130.60, 230.34, 250.50, 255.25, 255.26 and 255.27 or article two
   49  hundred  sixty-three of the penal law, or section 135.05, 135.10, 135.20
   50  or 135.25 of such law relating  to  kidnapping  offenses,  provided  the
   51  victim  of  such  kidnapping  or  related offense is less than seventeen
   52  years old and the offender is not the parent of the victim,  or  section
   53  230.04,  [where  the  person  patronized  is in fact less than seventeen
   54  years of age,] 230.05 [or], 230.06, 230.08, [or] 230.11, 230.12, 230.13,
   55  subdivision two of section 230.30, [or] section 230.32 [or], 230.33,  OR
       A. 2240                             9
    1  230.34  of  the  penal law, OR SECTION 230.25 OF THE PENAL LAW WHERE THE
    2  PERSON PROSTITUTED IS IN FACT LESS THAN SEVENTEEN YEARS OLD, or
    3    S  32.  Paragraph  (b)  of  subdivision  1  of  section  168-d  of the
    4  correction law, as amended by chapter 74 of the laws of 2007, is amended
    5  to read as follows:
    6    (b) Where a defendant stands convicted of an offense defined in  para-
    7  graph  (b)  of  subdivision  two of section one hundred sixty-eight-a of
    8  this article or where the  defendant  was  convicted  of  patronizing  a
    9  [prostitute]  PERSON  FOR PROSTITUTION in the third degree under section
   10  230.04 of the penal law OR OF PATRONIZING A PERSON FOR  PROSTITUTION  IN
   11  THE SECOND DEGREE UNDER SECTION 230.05 OF THE PENAL LAW, OR OF PATRONIZ-
   12  ING  A  PERSON FOR PROSTITUTION IN THE FIRST DEGREE UNDER SECTION 230.06
   13  OF THE PENAL LAW, OR OF PATRONIZING  A  PERSON  FOR  PROSTITUTION  IN  A
   14  SCHOOL  ZONE  UNDER  SECTION  230.08  OF THE PENAL LAW, OR OF AGGRAVATED
   15  PATRONIZING A MINOR FOR PROSTITUTION IN THE FIRST DEGREE AS  DEFINED  IN
   16  SECTION  230.13  OF  THE PENAL LAW, OR OF AGGRAVATED PATRONIZING A MINOR
   17  FOR PROSTITUTION IN THE SECOND DEGREE AS DEFINED IN  SECTION  230.12  OF
   18  THE  PENAL LAW, OR OF AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN
   19  THE THIRD DEGREE AS DEFINED IN SECTION 230.11 OF THE PENAL LAW, and  the
   20  defendant  controverts an allegation that the victim of such offense was
   21  less than eighteen years [of age or, in the case of a  conviction  under
   22  section  230.04 of the penal law, less than seventeen years of age] OLD,
   23  the court, without a jury, shall, prior to sentencing, conduct  a  hear-
   24  ing,  and the people may prove by clear and convincing evidence that the
   25  victim was less than eighteen years [of age] OLD or less than  seventeen
   26  years  [of age] OLD, as applicable, by any evidence admissible under the
   27  rules applicable to a trial of the issue of guilt. The court in addition
   28  to such admissible evidence may also consider reliable hearsay  evidence
   29  submitted  by  either party provided that it is relevant to the determi-
   30  nation of the age of the victim. Facts concerning the age of the  victim
   31  proven  at trial or ascertained at the time of entry of a plea of guilty
   32  shall be deemed established by clear and convincing evidence  and  shall
   33  not  be relitigated. At the conclusion of the hearing, or if the defend-
   34  ant does not controvert an allegation that the victim of the offense was
   35  less than eighteen years [of age] OLD or less than seventeen  years  [of
   36  age]  OLD,  as  applicable,  the  court must make a finding and enter an
   37  order setting forth the age of the victim. If the court finds  that  the
   38  victim  of  such  offense was under eighteen years [of age] OLD or under
   39  seventeen years [of age] OLD, as applicable, the court shall certify the
   40  defendant as a sex offender, the provisions of  paragraph  (a)  of  this
   41  subdivision  shall apply and the defendant shall register with the divi-
   42  sion in accordance with the provisions of this article.
   43    S 33. Paragraph (c) of subdivision 4 of section 509-cc of the  vehicle
   44  and  traffic  law,  as  amended  by  chapter 400 of the laws of 2011, is
   45  amended to read as follows:
   46    (c) The offenses referred to in subparagraph (i) of paragraph  (b)  of
   47  subdivision one and subparagraph (i) of paragraph (c) of subdivision two
   48  of  this  section  that  result in disqualification for a period of five
   49  years shall include a conviction under sections 100.10, 105.13,  115.05,
   50  120.03,  120.04,  120.04-a,  120.05,  120.10,  120.25,  121.12,  121.13,
   51  125.40, 125.45, 130.20, 130.25, 130.52, 130.55, 135.10, 135.55,  140.17,
   52  140.25,  140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06, 220.09,
   53  220.16, 220.31, 220.34, 220.60, 220.65, 221.30, 221.50, 221.55,  230.00,
   54  230.04,  230.05, 230.06, 230.08, 230.11, 230.12, 230.13, 230.19, 230.20,
   55  235.05, 235.06, 235.07, 235.21, 240.06, 245.00, 260.10, subdivision  two
   56  of  section  260.20 and sections 260.25, 265.02, 265.03, 265.08, 265.09,
       A. 2240                            10
    1  265.10, 265.12, 265.35 of the penal law or an attempt to commit  any  of
    2  the  aforesaid  offenses  under  section 110.00 of the penal law, or any
    3  similar offenses committed under a former section of the penal  law,  or
    4  any  offenses  committed  under  a former section of the penal law which
    5  would constitute violations of the aforesaid sections of the penal  law,
    6  or  any  offenses  committed  outside  this state which would constitute
    7  violations of the aforesaid sections of the penal law.
    8    S 34. Section 2324-a of the public health law, as amended  by  chapter
    9  260 of the laws of 1978, is amended to read as follows:
   10    S  2324-a.  Presumptive evidence.  For the purposes of this title, two
   11  or more convictions of any person or persons had, within a period of one
   12  year, for any of the  offenses  described  in  section  230.00,  230.04,
   13  230.05,  230.06,  230.08,  230.11,  230.12, 230.13, 230.20, 230.25 [or],
   14  230.30 OR 230.32 of the penal law arising out of conduct engaged  in  at
   15  the  same real property consisting of a dwelling as that term is defined
   16  in subdivision four of section four of the multiple dwelling  law  shall
   17  be  presumptive evidence of conduct constituting use of the premises for
   18  purposes of prostitution.
   19    S 35. Subdivision 2 of section 715 of the real  property  actions  and
   20  proceedings law, as added by chapter 494 of the laws of 1976, is amended
   21  to read as follows:
   22    2. For purposes of this section, two or more convictions of any person
   23  or  persons  had,  within  a period of one year, for any of the offenses
   24  described in section 230.00, 230.04,  230.05,  230.06,  230.08,  230.11,
   25  230.12,  230.13,  230.20,  230.25, 230.30, 230.32 or 230.40 of the penal
   26  law arising out of conduct engaged in at the same real property consist-
   27  ing of a dwelling as that term is defined in subdivision four of section
   28  four of the multiple dwelling  law  shall  be  presumptive  evidence  of
   29  conduct constituting use of the premises for purposes of prostitution.
   30    S  36.  Subdivision  3  of  section  231  of the real property law, as
   31  amended by chapter 203 of the laws  of  1980,  is  amended  to  read  as
   32  follows:
   33    3.  For  the  purposes of this section, two or more convictions of any
   34  person or persons had, within a period of  one  year,  for  any  of  the
   35  offenses  described  in  section 230.00, 230.04, 230.05, 230.06, 230.08,
   36  230.11, 230.12, 230.13, 230.20, 230.25, 230.30, 230.32 or 230.40 of  the
   37  penal  law  arising  out  of  conduct  engaged  in  at the same premises
   38  consisting of a dwelling as that term is defined in subdivision four  of
   39  section  four of the multiple dwelling law shall be presumptive evidence
   40  of unlawful use of such premises and of  the  owners  knowledge  of  the
   41  same.
   42    S  37.  This act shall take effect on the ninetieth day after it shall
   43  have become a law.