S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8808
                                 I N  A S S E M B L Y
                                   February 14, 2014
                                      ___________
       Introduced by M. of A. TENNEY -- 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 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
   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.
                                                                  LBD13891-01-4
       A. 8808                             2
    1  must sentence the defendant in accordance with the provisions of section
    2  70.80 of this title.
    3    S  3.  Paragraphs (a) and (c) of subdivision 1 of section 70.02 of the
    4  penal law, paragraph (a) as amended by chapter 320 of the laws  of  2006
    5  and  paragraph  (c)  as  amended  by  chapter 1 of the laws of 2013, are
    6  amended to read as follows:
    7    (a) Class B violent felony offenses: an attempt to  commit  the  class
    8  A-I  felonies  of  murder  in  the  second  degree as defined in section
    9  125.25, kidnapping in the first degree as defined in section 135.25, and
   10  arson in the first degree as defined in section 150.20; manslaughter  in
   11  the  first  degree as defined in section 125.20, aggravated manslaughter
   12  in the first degree as defined in section  125.22,  rape  in  the  first
   13  degree  as  defined  in section 130.35, criminal sexual act in the first
   14  degree as defined in section 130.50,  aggravated  sexual  abuse  in  the
   15  first  degree  as  defined  in  section 130.70, course of sexual conduct
   16  against a child in the  first  degree  as  defined  in  section  130.75;
   17  assault  in the first degree as defined in section 120.10, kidnapping in
   18  the second degree as defined in section 135.20, burglary  in  the  first
   19  degree  as  defined  in  section  140.30,  arson in the second degree as
   20  defined in section 150.15, robbery in the first  degree  as  defined  in
   21  section  160.15, SEX TRAFFICKING AS DEFINED IN PARAGRAPHS (A) AND (B) OF
   22  SUBDIVISION FIVE OF SECTION  230.34,  incest  in  the  first  degree  as
   23  defined  in section 255.27, criminal possession of a weapon in the first
   24  degree as defined in section 265.04, criminal use of a  firearm  in  the
   25  first degree as defined in section 265.09, criminal sale of a firearm in
   26  the first degree as defined in section 265.13, aggravated assault upon a
   27  police  officer  or  a  peace officer as defined in section 120.11, gang
   28  assault in the first degree as defined in section 120.07, intimidating a
   29  victim or witness in the first degree  as  defined  in  section  215.17,
   30  hindering  prosecution  of  terrorism  in the first degree as defined in
   31  section 490.35, criminal possession of a chemical weapon  or  biological
   32  weapon  in  the second degree as defined in section 490.40, and criminal
   33  use of a chemical weapon or biological weapon in  the  third  degree  as
   34  defined in section 490.47.
   35    (c)  Class  D violent felony offenses: an attempt to commit any of the
   36  class C felonies set forth in paragraph (b); reckless assault of a child
   37  as defined in section 120.02, assault in the second degree as defined in
   38  section 120.05, menacing a police officer or peace officer as defined in
   39  section 120.18, stalking in the first degree, as defined in  subdivision
   40  one  of section 120.60, strangulation in the second degree as defined in
   41  section 121.12, rape in the second degree as defined in section  130.30,
   42  criminal  sexual  act in the second degree as defined in section 130.45,
   43  sexual abuse in the first degree as defined in section 130.65, course of
   44  sexual conduct against a child  in  the  second  degree  as  defined  in
   45  section  130.80,  aggravated sexual abuse in the third degree as defined
   46  in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
   47  substance  as defined in section 130.90, LABOR TRAFFICKING AS DEFINED IN
   48  PARAGRAPHS (A) AND (B) OF SUBDIVISION THREE OF SECTION 135.35,  criminal
   49  possession  of  a  weapon  in the third degree as defined in subdivision
   50  five, six, seven, eight, nine or ten of section 265.02, criminal sale of
   51  a firearm in the third degree as defined in section 265.11, intimidating
   52  a victim or witness in the second degree as defined in  section  215.16,
   53  soliciting  or  providing  support for an act of terrorism in the second
   54  degree as defined in section 490.10, and making a terroristic threat  as
   55  defined  in  section  490.20, falsely reporting an incident in the first
   56  degree as defined in section 240.60, placing a false bomb  or  hazardous
       A. 8808                             3
    1  substance  in  the  first degree as defined in section 240.62, placing a
    2  false bomb or hazardous substance in a sports  stadium  or  arena,  mass
    3  transportation  facility or enclosed shopping mall as defined in section
    4  240.63,  and  aggravated  unpermitted  use of indoor pyrotechnics in the
    5  first degree as defined in section 405.18.
    6    S 4. Paragraph (a) of subdivision 1 of section 70.80 of the penal law,
    7  as added by chapter 7 of the  laws  of  2007,  is  amended  to  read  as
    8  follows:
    9    (a)  For  the purposes of this section, a "felony sex offense" means a
   10  conviction of any felony defined in article one hundred thirty  of  this
   11  chapter,  including a sexually motivated felony, or patronizing a [pros-
   12  titute] PERSON FOR PROSTITUTION  in  the  first  degree  as  defined  in
   13  section 230.06 of this chapter, PATRONIZING A PERSON FOR PROSTITUTION IN
   14  THE  SECOND  DEGREE AS DEFINED IN SECTION 230.05 OF THIS CHAPTER, AGGRA-
   15  VATED PATRONIZING A MINOR  FOR  PROSTITUTION  IN  THE  THIRD  DEGREE  AS
   16  DEFINED  IN  SECTION  230.11  OF  THIS CHAPTER, AGGRAVATED PATRONIZING A
   17  MINOR FOR PROSTITUTION IN THE SECOND DEGREE AS DEFINED IN SECTION 230.12
   18  OF THIS CHAPTER, AGGRAVATED PATRONIZING  A  MINOR  FOR  PROSTITUTION  IN
   19  FIRST DEGREE AS DEFINED IN SECTION 230.13 OF THIS CHAPTER, incest in the
   20  second degree as defined in section 255.26 of this chapter, or incest in
   21  the  first  degree  as  defined  in section 255.27 of this chapter, or a
   22  felony attempt or conspiracy to commit any of the above.
   23    S 5. Section 135.35 of the penal law, as added by chapter  74  of  the
   24  laws of 2007, is amended to read as follows:
   25  S 135.35 Labor trafficking.
   26    A  person  is  guilty  of  labor  trafficking  if he or she compels or
   27  induces another to engage in labor or  recruits,  entices,  harbors,  or
   28  transports such other person by means of intentionally:
   29    1.  [unlawfully  providing  a controlled substance to such person with
   30  intent to impair said person's judgment;
   31    2.] requiring that the labor be performed to retire, repay, or service
   32  a real or purported debt that the actor has caused by a systematic ongo-
   33  ing course of conduct with intent to defraud such person;
   34    [3.]  2.  withholding,  destroying,  or  confiscating  any  actual  or
   35  purported  passport,  immigration  document,  or  any  other  actual  or
   36  purported government identification document,  of  another  person  with
   37  intent  to  impair said person's freedom of movement; provided, however,
   38  that this subdivision shall not apply to an attempt to correct a  social
   39  security  administration  record or immigration agency record in accord-
   40  ance with any local, state, or federal agency  requirement,  where  such
   41  attempt is not made for the purpose of any express or implied threat;
   42    [4.]  3.  using  force  or  engaging in any scheme, plan or pattern to
   43  compel or induce such person to engage in or continue to engage in labor
   44  activity by means of instilling a fear  in  such  person  that,  if  the
   45  demand is not complied with, the actor or another will do one or more of
   46  the following:
   47    (a)  cause  physical  injury,  serious  physical injury, or death to a
   48  person; or
   49    (b) cause damage to property, other than the property of the actor; or
   50    (c) engage in other conduct constituting a felony or  unlawful  impri-
   51  sonment  in  the  second  degree  in violation of section 135.05 of this
   52  [chapter] ARTICLE; or
   53    (d) accuse some person of a crime or cause criminal charges or  depor-
   54  tation  proceedings  to  be  instituted  against  such person; provided,
   55  however, that it shall be an affirmative  defense  to  this  subdivision
   56  that  the defendant reasonably believed the threatened charge to be true
       A. 8808                             4
    1  and that his or her sole purpose was to compel or induce the  victim  to
    2  take  reasonable  action to make good the wrong which was the subject of
    3  such threatened charge; or
    4    (e)  expose  a  secret  or publicize an asserted fact, whether true or
    5  false, tending to subject some person to hatred, contempt  or  ridicule;
    6  or
    7    (f)  testify  or provide information or withhold testimony or informa-
    8  tion with respect to another's legal claim or defense; or
    9    (g) use or abuse his or her position as a public servant by performing
   10  some act within or related to his or her official duties, or by  failing
   11  or  refusing  to  perform  an official duty, in such manner as to affect
   12  some person adversely.
   13    Labor trafficking is a class D felony.
   14    S 5-a. The penal law is amended by adding a new section 135.37 to read
   15  as follows:
   16  S 135.37 AGGRAVATED LABOR TRAFFICKING.
   17    A PERSON IS GUILTY OF  AGGRAVATED  LABOR  TRAFFICKING  IF  HE  OR  SHE
   18  COMPELS  OR  INDUCES  ANOTHER  TO  ENGAGE IN LABOR OR RECRUITS, ENTICES,
   19  HARBORS, OR TRANSPORTS SUCH OTHER PERSON TO ENGAGE IN LABOR BY MEANS  OF
   20  INTENTIONALLY UNLAWFULLY PROVIDING A CONTROLLED SUBSTANCE TO SUCH PERSON
   21  WITH INTENT TO IMPAIR SAID PERSON'S JUDGMENT.
   22    AGGRAVATED LABOR TRAFFICKING IS A CLASS C FELONY.
   23    S  5-b.  Paragraph (a) of subdivision 1 of section 460.10 of the penal
   24  law, as amended by chapter 405 of the laws of 2010, is amended  to  read
   25  as follows:
   26    (a)  Any  of  the felonies set forth in this chapter: sections 120.05,
   27  120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat-
   28  ing to strangulation; sections 125.10 to 125.27  relating  to  homicide;
   29  sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and
   30  135.25  relating  to  kidnapping;  [section]  SECTIONS 135.35 AND 135.37
   31  relating to labor trafficking;  section  135.65  relating  to  coercion;
   32  sections  140.20,  140.25  and  140.30  relating  to  burglary; sections
   33  145.05, 145.10 and 145.12 relating to  criminal  mischief;  article  one
   34  hundred  fifty  relating  to  arson; sections 155.30, 155.35, 155.40 and
   35  155.42 relating to grand larceny; sections 177.10,  177.15,  177.20  and
   36  177.25 relating to health care fraud; article one hundred sixty relating
   37  to robbery; sections 165.45, 165.50, 165.52 and 165.54 relating to crim-
   38  inal  possession of stolen property; sections 165.72 and 165.73 relating
   39  to trademark counterfeiting; sections 170.10,  170.15,  170.25,  170.30,
   40  170.40,  170.65 and 170.70 relating to forgery; sections 175.10, 175.25,
   41  175.35, 175.40 and 210.40 relating to false statements; sections 176.15,
   42  176.20, 176.25 and 176.30 relating to insurance fraud;  sections  178.20
   43  and  178.25  relating  to criminal diversion of prescription medications
   44  and prescriptions; sections  180.03,  180.08,  180.15,  180.25,  180.40,
   45  180.45,  200.00, 200.03, 200.04, 200.10, 200.11, 200.12, 200.20, 200.22,
   46  200.25, 200.27, 215.00, 215.05 and 215.19 relating to bribery;  sections
   47  187.10,  187.15,  187.20  and  187.25  relating  to residential mortgage
   48  fraud, sections 190.40 and 190.42 relating to  criminal  usury;  section
   49  190.65 relating to schemes to defraud; sections 205.60 and 205.65 relat-
   50  ing to hindering prosecution; sections 210.10, 210.15, and 215.51 relat-
   51  ing  to  perjury and contempt; section 215.40 relating to tampering with
   52  physical evidence; sections  220.06,  220.09,  220.16,  220.18,  220.21,
   53  220.31,  220.34,  220.39,  220.41,  220.43,  220.46,  220.55, 220.60 and
   54  220.77 relating to controlled substances;  sections  225.10  and  225.20
   55  relating  to  gambling;  sections 230.25, 230.30, and 230.32 relating to
   56  promoting prostitution; section  230.34  relating  to  sex  trafficking;
       A. 8808                             5
    1  sections  235.06,  235.07,  235.21  and  235.22  relating  to obscenity;
    2  sections 263.10 and 263.15 relating to promoting a sexual performance by
    3  a child; sections 265.02, 265.03, 265.04, 265.11, 265.12, 265.13 and the
    4  provisions  of  section  265.10  which  constitute  a felony relating to
    5  firearms and other dangerous weapons; and  sections  265.14  and  265.16
    6  relating  to  criminal  sale  of  a firearm; and section 275.10, 275.20,
    7  275.30, or 275.40 relating  to  unauthorized  recordings;  and  sections
    8  470.05, 470.10, 470.15 and 470.20 relating to money laundering; or
    9    S  5-c.  Paragraphs  (b) and (h) of subdivision 8 of section 700.05 of
   10  the criminal procedure law, paragraph (b) as amended by chapter  405  of
   11  the laws of 2010 and paragraph (h) as amended by chapter 154 of the laws
   12  of 1990, are amended to read as follows:
   13    (b)  Any  of  the  following felonies: assault in the second degree as
   14  defined in section 120.05 of the penal law, assault in the first  degree
   15  as  defined in section 120.10 of the penal law, reckless endangerment in
   16  the first degree as defined in section 120.25 of the penal law,  promot-
   17  ing  a  suicide  attempt  as defined in section 120.30 of the penal law,
   18  strangulation in the second degree as defined in section 121.12  of  the
   19  penal  law,  strangulation  in  the  first  degree as defined in section
   20  121.13 of the penal law, criminally negligent  homicide  as  defined  in
   21  section  125.10  of  the penal law, manslaughter in the second degree as
   22  defined in section 125.15 of the penal law, manslaughter  in  the  first
   23  degree  as  defined  in  section  125.20 of the penal law, murder in the
   24  second degree as defined in section 125.25 of the penal law,  murder  in
   25  the first degree as defined in section 125.27 of the penal law, abortion
   26  in  the  second  degree  as  defined in section 125.40 of the penal law,
   27  abortion in the first degree as defined in section 125.45 of  the  penal
   28  law,  rape in the third degree as defined in section 130.25 of the penal
   29  law, rape in the second degree as defined in section 130.30 of the penal
   30  law, rape in the first degree as defined in section 130.35 of the  penal
   31  law,  criminal  sexual  act  in  the  third degree as defined in section
   32  130.40 of the penal law, criminal sexual act in  the  second  degree  as
   33  defined  in  section 130.45 of the penal law, criminal sexual act in the
   34  first degree as defined in section 130.50 of the penal law, sexual abuse
   35  in the first degree as defined in  section  130.65  of  the  penal  law,
   36  unlawful  imprisonment  in the first degree as defined in section 135.10
   37  of the penal law, kidnapping in the second degree as defined in  section
   38  135.20  of  the  penal law, kidnapping in the first degree as defined in
   39  section 135.25 of the penal law, labor trafficking as defined in section
   40  135.35 of the penal law, AGGRAVATED  LABOR  TRAFFICKING  AS  DEFINED  IN
   41  SECTION  135.37  OF  THE  PENAL LAW, custodial interference in the first
   42  degree as defined in section 135.50 of the penal law,  coercion  in  the
   43  first  degree  as  defined  in section 135.65 of the penal law, criminal
   44  trespass in the first degree as defined in section 140.17 of  the  penal
   45  law,  burglary  in  the third degree as defined in section 140.20 of the
   46  penal law, burglary in the second degree as defined in section 140.25 of
   47  the penal law, burglary in the first degree as defined in section 140.30
   48  of the penal law, criminal mischief in the third degree  as  defined  in
   49  section  145.05 of the penal law, criminal mischief in the second degree
   50  as defined in section 145.10 of the penal law, criminal mischief in  the
   51  first  degree  as  defined  in section 145.12 of the penal law, criminal
   52  tampering in the first degree as defined in section 145.20 of the  penal
   53  law,  arson  in  the  fourth  degree as defined in section 150.05 of the
   54  penal law, arson in the third degree as defined in section 150.10 of the
   55  penal law, arson in the second degree as defined in  section  150.15  of
   56  the penal law, arson in the first degree as defined in section 150.20 of
       A. 8808                             6
    1  the  penal law, grand larceny in the fourth degree as defined in section
    2  155.30 of the penal law, grand larceny in the third degree as defined in
    3  section 155.35 of the penal law, grand larceny in the second  degree  as
    4  defined  in  section 155.40 of the penal law, grand larceny in the first
    5  degree as defined in section 155.42 of the penal law, health care  fraud
    6  in  the  fourth  degree  as  defined in section 177.10 of the penal law,
    7  health care fraud in the third degree as defined in  section  177.15  of
    8  the  penal  law,  health  care  fraud in the second degree as defined in
    9  section 177.20 of the penal law, health care fraud in the  first  degree
   10  as  defined  in  section  177.25  of the penal law, robbery in the third
   11  degree as defined in section 160.05 of the penal  law,  robbery  in  the
   12  second  degree as defined in section 160.10 of the penal law, robbery in
   13  the first degree as defined in section 160.15 of the penal law, unlawful
   14  use of secret scientific material as defined in section  165.07  of  the
   15  penal  law,  criminal possession of stolen property in the fourth degree
   16  as defined in section 165.45 of the penal law,  criminal  possession  of
   17  stolen  property in the third degree as defined in section 165.50 of the
   18  penal law, criminal possession of stolen property in the  second  degree
   19  as  defined  by  section 165.52 of the penal law, criminal possession of
   20  stolen property in the first degree as defined by section 165.54 of  the
   21  penal  law,  trademark counterfeiting in the second degree as defined in
   22  section 165.72 of the penal law, trademark counterfeiting in  the  first
   23  degree  as  defined  in  section 165.73 of the penal law, forgery in the
   24  second degree as defined in section 170.10 of the penal law, forgery  in
   25  the first degree as defined in section 170.15 of the penal law, criminal
   26  possession  of  a  forged  instrument in the second degree as defined in
   27  section 170.25 of the penal law, criminal possession of a forged instru-
   28  ment in the first degree as defined in section 170.30 of the penal  law,
   29  criminal  possession  of forgery devices as defined in section 170.40 of
   30  the penal law, falsifying  business  records  in  the  first  degree  as
   31  defined  in  section  175.10  of  the  penal  law, tampering with public
   32  records in the first degree as defined in section 175.25  of  the  penal
   33  law,  offering  a  false  instrument  for  filing in the first degree as
   34  defined in section 175.35 of the penal law, issuing a false  certificate
   35  as  defined  in  section  175.40 of the penal law, criminal diversion of
   36  prescription medications and  prescriptions  in  the  second  degree  as
   37  defined  in  section  178.20  of  the  penal  law, criminal diversion of
   38  prescription medications  and  prescriptions  in  the  first  degree  as
   39  defined  in  section 178.25 of the penal law, residential mortgage fraud
   40  in the fourth degree as defined in section  187.10  of  the  penal  law,
   41  residential  mortgage  fraud  in  the third degree as defined in section
   42  187.15 of the penal law, residential mortgage fraud in the second degree
   43  as defined in section 187.20 of  the  penal  law,  residential  mortgage
   44  fraud in the first degree as defined in section 187.25 of the penal law,
   45  escape  in  the  second degree as defined in section 205.10 of the penal
   46  law, escape in the first degree as defined  in  section  205.15  of  the
   47  penal  law,  absconding  from  temporary  release in the first degree as
   48  defined in section 205.17 of the penal law, promoting prison  contraband
   49  in  the  first  degree  as  defined  in section 205.25 of the penal law,
   50  hindering prosecution in the second degree as defined in section  205.60
   51  of  the  penal law, hindering prosecution in the first degree as defined
   52  in section 205.65 of the  penal  law,  sex  trafficking  as  defined  in
   53  section  230.34 of the penal law, criminal possession of a weapon in the
   54  third degree as defined in subdivisions two, three and five  of  section
   55  265.02  of  the penal law, criminal possession of a weapon in the second
   56  degree  as  defined  in  section  265.03  of  the  penal  law,  criminal
       A. 8808                             7
    1  possession  of a weapon in the first degree as defined in section 265.04
    2  of the penal law, manufacture, transport, disposition and defacement  of
    3  weapons  and dangerous instruments and appliances defined as felonies in
    4  subdivisions  one,  two,  and  three of section 265.10 of the penal law,
    5  sections 265.11, 265.12 and 265.13 of the penal law, or  prohibited  use
    6  of  weapons as defined in subdivision two of section 265.35 of the penal
    7  law, relating to firearms and other dangerous  weapons,  or  failure  to
    8  disclose  the  origin  of  a recording in the first degree as defined in
    9  section 275.40 of the penal law;
   10    (h) Promoting prostitution in the first degree, as defined in  section
   11  230.32 of the penal law, promoting prostitution in the second degree, as
   12  defined by subdivision one of section 230.30 of the penal law, PROMOTING
   13  PROSTITUTION  IN  THE  THIRD DEGREE, AS DEFINED IN SECTION 230.25 OF THE
   14  PENAL LAW;
   15    S 6. The penal law is amended by adding a new section 230.01  to  read
   16  as follows:
   17  S 230.01 PROSTITUTION; AFFIRMATIVE DEFENSE.
   18    IN ANY PROSECUTION UNDER SECTION 230.00, SECTION 230.03 OR SUBDIVISION
   19  TWO  OF  SECTION  240.37 OF THIS PART, IT IS AN AFFIRMATIVE DEFENSE THAT
   20  THE DEFENDANT'S PARTICIPATION IN THE OFFENSE WAS A RESULT OF HAVING BEEN
   21  A VICTIM OF COMPELLING PROSTITUTION UNDER SECTION 230.33,  A  VICTIM  OF
   22  SEX  TRAFFICKING  UNDER  SECTION  230.34  OF THIS ARTICLE OR A VICTIM OF
   23  TRAFFICKING IN PERSONS UNDER  THE  TRAFFICKING  VICTIMS  PROTECTION  ACT
   24  (UNITED STATES CODE, TITLE 22, CHAPTER 78).
   25    S  7.  The  section heading and subdivision 1 of section 230.02 of the
   26  penal law, as amended by chapter 627 of the laws of 1978, are amended to
   27  read as follows:
   28    Patronizing a [prostitute] PERSON FOR PROSTITUTION; definitions.
   29    1. A person patronizes a [prostitute] PERSON FOR PROSTITUTION when:
   30    (a) Pursuant to a prior understanding, he OR SHE pays a fee to another
   31  person as compensation for such person or a third person having  engaged
   32  in sexual conduct with him OR HER; or
   33    (b)  He  OR SHE pays or agrees to pay a fee to another person pursuant
   34  to an understanding that in return  therefor  such  person  or  a  third
   35  person will engage in sexual conduct with him OR HER; or
   36    (c)  He OR SHE solicits or requests another person to engage in sexual
   37  conduct with him OR HER in return for a fee.
   38    S 8. Subdivision 2 of section 230.03 of the penal  law,  as  added  by
   39  chapter 191 of the laws of 2011, is amended to read as follows:
   40    2. For the purposes of this section, SECTION 230.08 and section 230.19
   41  of  this  article, "school zone" means (a) in or on or within any build-
   42  ing, structure, athletic playing field,  playground  or  land  contained
   43  within  the real property boundary line of a public or private elementa-
   44  ry, parochial, intermediate, junior high, vocational, or high school, or
   45  (b) any public  sidewalk,  street,  parking  lot,  park,  playground  or
   46  private  land, located immediately adjacent to the boundary line of such
   47  school.
   48    S 9. Section 230.04 of the penal law, as amended by chapter 74 of  the
   49  laws of 2007, is amended to read as follows:
   50  S 230.04 Patronizing a [prostitute] PERSON FOR PROSTITUTION in the third
   51             degree.
   52    A  person is guilty of patronizing a [prostitute] PERSON FOR PROSTITU-
   53  TION in the third degree when he or she patronizes a [prostitute] PERSON
   54  FOR PROSTITUTION.
   55    Patronizing a [prostitute] PERSON FOR PROSTITUTION in the third degree
   56  is a class A misdemeanor.
       A. 8808                             8
    1    S 10. Section 230.05 of the penal law, as added by chapter 627 of  the
    2  laws of 1978, is amended to read as follows:
    3  S 230.05 Patronizing  a  [prostitute]  PERSON  FOR  PROSTITUTION  in the
    4             second degree.
    5    A person is guilty of patronizing a [prostitute] PERSON FOR  PROSTITU-
    6  TION in the second degree when, being [over] eighteen years [of age] OLD
    7  OR MORE, he OR SHE patronizes a [prostitute] PERSON FOR PROSTITUTION and
    8  the  person  patronized  is  less than [fourteen] FIFTEEN years [of age]
    9  OLD.
   10    Patronizing a [prostitute]  PERSON  FOR  PROSTITUTION  in  the  second
   11  degree is a class E felony.
   12    S  11. Section 230.06 of the penal law, as added by chapter 627 of the
   13  laws of 1978, is amended to read as follows:
   14  S 230.06 Patronizing a [prostitute] PERSON FOR PROSTITUTION in the first
   15             degree.
   16    A person is guilty of patronizing a [prostitute] PERSON FOR  PROSTITU-
   17  TION in the first degree when [he]:
   18    1. HE OR SHE patronizes a [prostitute] PERSON FOR PROSTITUTION and the
   19  person patronized is less than eleven years [of age] OLD; OR
   20    2. BEING EIGHTEEN YEARS OLD OR MORE, HE OR SHE PATRONIZES A PERSON FOR
   21  PROSTITUTION AND THE PERSON PATRONIZED IS LESS THAN THIRTEEN YEARS OLD.
   22    Patronizing a [prostitute] PERSON FOR PROSTITUTION in the first degree
   23  is a class D felony.
   24    S  11-a.  Section 230.07 of the penal law, as amended by chapter 74 of
   25  the laws of 2007, is amended to read as follows:
   26  S 230.07 Patronizing a [prostitute] PERSON FOR PROSTITUTION; defense.
   27    In any prosecution for patronizing a [prostitute] PERSON FOR PROSTITU-
   28  TION in the first or second degrees OR PATRONIZING A PERSON FOR  PROSTI-
   29  TUTION IN A SCHOOL ZONE, it is a defense that the defendant did not have
   30  reasonable  grounds  to  believe  that  the person was less than the age
   31  specified.
   32    S 12. The penal law is amended by adding a new section 230.08 to  read
   33  as follows:
   34  S 230.08 PATRONIZING A PERSON FOR PROSTITUTION IN A SCHOOL ZONE.
   35    1.  A  PERSON  IS GUILTY OF PATRONIZING A PERSON FOR PROSTITUTION IN A
   36  SCHOOL ZONE WHEN, BEING TWENTY-ONE YEARS OF AGE  OR  OLDER,  HE  OR  SHE
   37  PATRONIZES  A  PERSON FOR PROSTITUTION AND THE PERSON PATRONIZED IS LESS
   38  THAN EIGHTEEN YEARS OF AGE AT A PLACE THAT HE OR SHE KNOWS,  OR  REASON-
   39  ABLY SHOULD KNOW, IS IN A SCHOOL ZONE.
   40    2.  FOR  PURPOSES  OF  THIS  SECTION, "SCHOOL ZONE" SHALL MEAN "SCHOOL
   41  ZONE" AS DEFINED IN SUBDIVISION TWO OF SECTION 230.03 OF THIS ARTICLE.
   42    PATRONIZING A PERSON FOR PROSTITUTION IN A SCHOOL ZONE IS  A  CLASS  E
   43  FELONY.
   44    S  13. The section heading and the opening paragraph of section 230.10
   45  of the penal law are amended to read as follows:
   46    Prostitution and patronizing a [prostitute] PERSON  FOR  PROSTITUTION;
   47  no defense.
   48    In  any  prosecution  for  prostitution  or patronizing a [prostitute]
   49  PERSON FOR PROSTITUTION, the sex  of  the  two  parties  or  prospective
   50  parties  to  the sexual conduct engaged in, contemplated or solicited is
   51  immaterial, and it is no defense that:
   52    S 14. The penal law is amended by adding three  new  sections  230.11,
   53  230.12 and 230.13 to read as follows:
   54  S 230.11 AGGRAVATED  PATRONIZING  A  MINOR FOR PROSTITUTION IN THE THIRD
   55             DEGREE.
       A. 8808                             9
    1    A PERSON IS GUILTY OF AGGRAVATED PATRONIZING A MINOR FOR  PROSTITUTION
    2  IN  THE THIRD DEGREE WHEN, BEING TWENTY-ONE YEARS OLD OR MORE, HE OR SHE
    3  PATRONIZES A PERSON FOR PROSTITUTION AND THE PERSON PATRONIZED  IS  LESS
    4  THAN SEVENTEEN YEARS OLD AND THE PERSON GUILTY OF PATRONIZING ENGAGES IN
    5  SEXUAL  INTERCOURSE, ORAL SEXUAL CONDUCT, ANAL SEXUAL CONDUCT, OR AGGRA-
    6  VATED SEXUAL CONDUCT AS THOSE TERMS ARE DEFINED  IN  SECTION  130.00  OF
    7  THIS PART.
    8    AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE THIRD DEGREE IS
    9  A CLASS E FELONY.
   10  S 230.12 AGGRAVATED  PATRONIZING  A MINOR FOR PROSTITUTION IN THE SECOND
   11             DEGREE.
   12    A PERSON IS GUILTY OF AGGRAVATED PATRONIZING A MINOR FOR  PROSTITUTION
   13  IN  THE  SECOND DEGREE WHEN, BEING EIGHTEEN YEARS OLD OR MORE, HE OR SHE
   14  PATRONIZES A PERSON FOR PROSTITUTION AND THE PERSON PATRONIZED  IS  LESS
   15  THAN  FIFTEEN  YEARS OLD AND THE PERSON GUILTY OF PATRONIZING ENGAGES IN
   16  SEXUAL INTERCOURSE, ORAL SEXUAL CONDUCT, ANAL SEXUAL CONDUCT, OR  AGGRA-
   17  VATED  SEXUAL  CONDUCT  AS  THOSE TERMS ARE DEFINED IN SECTION 130.00 OF
   18  THIS PART.
   19    AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE  SECOND  DEGREE
   20  IS A CLASS D FELONY.
   21  S 230.13 AGGRAVATED  PATRONIZING  A  MINOR FOR PROSTITUTION IN THE FIRST
   22             DEGREE.
   23    A PERSON IS GUILTY OF AGGRAVATED PATRONIZING A MINOR FOR  PROSTITUTION
   24  IN  THE FIRST DEGREE WHEN HE OR SHE PATRONIZES A PERSON FOR PROSTITUTION
   25  AND THE PERSON PATRONIZED IS LESS THAN ELEVEN YEARS OLD, OR BEING  EIGH-
   26  TEEN  YEARS  OLD OR MORE, HE OR SHE PATRONIZES A PERSON FOR PROSTITUTION
   27  AND THE PERSON PATRONIZED IS LESS  THAN  THIRTEEN  YEARS  OLD,  AND  THE
   28  PERSON  GUILTY OF PATRONIZING ENGAGES IN SEXUAL INTERCOURSE, ORAL SEXUAL
   29  CONDUCT, ANAL SEXUAL CONDUCT, OR  AGGRAVATED  SEXUAL  CONDUCT  AS  THOSE
   30  TERMS ARE DEFINED IN SECTION 130.00 OF THIS PART.
   31    AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE FIRST DEGREE IS
   32  A CLASS B FELONY.
   33    S  15.  Subdivisions  1  and  2 of section 230.15 of the penal law are
   34  amended to read as follows:
   35    1. "Advance prostitution."  A  person  "advances  prostitution"  when,
   36  acting  other  than  as  a  [prostitute]  PERSON IN PROSTITUTION or as a
   37  patron thereof, he OR SHE knowingly causes or aids a person to commit or
   38  engage in prostitution, procures or solicits patrons  for  prostitution,
   39  provides  persons  or  premises  for  prostitution purposes, operates or
   40  assists in the operation of a house of prostitution  or  a  prostitution
   41  enterprise,  or  engages in any other conduct designed to institute, aid
   42  or facilitate an act or enterprise of prostitution.
   43    2. "Profit from prostitution." A person  "profits  from  prostitution"
   44  when, acting other than as a [prostitute] PERSON IN PROSTITUTION receiv-
   45  ing  compensation  for  personally rendered prostitution services, he OR
   46  SHE accepts or receives money or other property pursuant to an agreement
   47  or understanding with any person whereby he OR SHE participates or is to
   48  participate in the proceeds of prostitution activity.
   49    S 16. Subdivision 1 of section 230.19 of the penal law,  as  added  by
   50  chapter 191 of the laws of 2011, is amended to read as follows:
   51    1. A person is guilty of promoting prostitution in a school zone when,
   52  being  nineteen  years [of age] OLD or [older] MORE, he or she knowingly
   53  advances or profits from prostitution that he or she knows or reasonably
   54  should know is or will be committed in violation of  section  230.03  of
   55  this  article  in  a  school  zone  during  the  hours that school is in
   56  session.
       A. 8808                            10
    1    S 17. The opening paragraph and subdivision 1 of section 230.25 of the
    2  penal law, the opening paragraph as amended by chapter 627 of  the  laws
    3  of  1978 and subdivision 1 as amended by chapter 74 of the laws of 2007,
    4  are amended to read as follows:
    5    A  person is guilty of promoting prostitution in the third degree when
    6  he OR SHE knowingly:
    7    1. Advances or profits from  prostitution  by  managing,  supervising,
    8  controlling  or  owning,  either  alone or in association with others, a
    9  house of prostitution or a prostitution business or enterprise involving
   10  prostitution activity by two or more [prostitutes] PERSONS IN  PROSTITU-
   11  TION, or a business that sells travel-related services knowing that such
   12  services include or are intended to facilitate travel for the purpose of
   13  patronizing  a  [prostitute]  PERSON  FOR  PROSTITUTION,  including to a
   14  foreign jurisdiction and regardless of the legality of  prostitution  in
   15  said foreign jurisdiction; or
   16    S  18.  Section  230.30 of the penal law, as amended by chapter 627 of
   17  the laws of 1978, is amended to read as follows:
   18  S 230.30 Promoting prostitution in the second degree.
   19    A person is guilty of promoting prostitution in the second degree when
   20  he OR SHE knowingly:
   21    1. Advances prostitution by compelling a person  by  force  or  intim-
   22  idation to engage in prostitution, or profits from such coercive conduct
   23  by another; or
   24    2.  Advances  or  profits  from  prostitution  of  a  person less than
   25  [sixteen] EIGHTEEN years old.
   26    Promoting prostitution in the second degree is a class C felony.
   27    S 19. The first undesignated paragraph of section 230.32 of the  penal
   28  law,  as added by chapter 627 of the laws of 1978, is amended to read as
   29  follows:
   30    A person is guilty of promoting prostitution in the first degree  when
   31  he OR SHE:
   32    1.  knowingly  advances  or profits from prostitution of a person less
   33  than [eleven] THIRTEEN years old; OR
   34    2. BEING TWENTY-ONE YEARS OLD OR MORE, HE OR SHE KNOWINGLY ADVANCES OR
   35  PROFITS FROM PROSTITUTION OF A PERSON LESS THAN FIFTEEN YEARS OF AGE.
   36    S 20. Section 230.33 of the penal law, as added by chapter 450 of  the
   37  laws of 2005, is amended to read as follows:
   38  S 230.33 Compelling prostitution.
   39    A person is guilty of compelling prostitution when, being [twenty-one]
   40  EIGHTEEN  years  [of  age  or  older]  OLD  OR MORE, he or she knowingly
   41  advances prostitution by compelling a person less than  [sixteen]  EIGH-
   42  TEEN years old, by force or intimidation, to engage in prostitution.
   43    Compelling prostitution is a class B felony.
   44    S 21. Intentionally omitted.
   45    S  22.  Section  230.35 of the penal law, as amended by chapter 450 of
   46  the laws of 2005, is amended to read as follows:
   47  S 230.35 Promoting or compelling prostitution; accomplice.
   48    In a prosecution for promoting prostitution  or  compelling  prostitu-
   49  tion,  a  person  less than [seventeen] EIGHTEEN years [of age] OLD from
   50  whose prostitution activity another person is alleged to  have  advanced
   51  or  attempted to advance or profited or attempted to profit shall not be
   52  deemed to be an accomplice.
   53    S 23. The first undesignated paragraph of section 230.40 of the  penal
   54  law is amended to read as follows:
   55    A  person is guilty of permitting prostitution when, having possession
   56  or control of premises OR VEHICLE which he OR SHE knows are  being  used
       A. 8808                            11
    1  for  prostitution purposes OR FOR THE PURPOSE OF ADVANCING PROSTITUTION,
    2  he OR SHE fails to make reasonable effort to halt or abate such use.
    3    S  24.  Subdivision  2 of section 240.37 of the penal law, as added by
    4  chapter 344 of the laws of 1976, is amended, and subdivision 3 is renum-
    5  bered subdivision 4 and a new subdivision 3 is added to read as follows:
    6    2. Any person who remains or wanders  about  in  a  public  place  and
    7  repeatedly  beckons  to,  or repeatedly stops, or repeatedly attempts to
    8  stop, or repeatedly attempts to engage passers-by  in  conversation,  or
    9  repeatedly  stops  or  attempts  to  stop  motor vehicles, or repeatedly
   10  interferes with the free passage of other persons, for  the  purpose  of
   11  prostitution[,  or  of  patronizing  a prostitute as those terms are] AS
   12  THAT TERM IS defined in article two hundred thirty of  [the  penal  law]
   13  THIS  PART,  shall  be  guilty of a violation and is guilty of a class B
   14  misdemeanor if such person has previously been convicted of a  violation
   15  of  this  section  or  of  [sections] SECTION 230.00 [or 230.05] of [the
   16  penal law] THIS PART.
   17    3. ANY PERSON WHO REMAINS OR WANDERS  ABOUT  IN  A  PUBLIC  PLACE  AND
   18  REPEATEDLY  BECKONS  TO,  OR REPEATEDLY STOPS, OR REPEATEDLY ATTEMPTS TO
   19  STOP, OR REPEATEDLY ATTEMPTS TO ENGAGE PASSERS-BY  IN  CONVERSATION,  OR
   20  REPEATEDLY  STOPS  OR  ATTEMPTS  TO  STOP  MOTOR VEHICLES, OR REPEATEDLY
   21  INTERFERES WITH THE FREE PASSAGE OF OTHER PERSONS, FOR  THE  PURPOSE  OF
   22  PATRONIZING  A  PERSON  FOR PROSTITUTION AS DEFINED IN SECTION 230.02 OF
   23  THIS PART, SHALL BE GUILTY OF A VIOLATION AND IS GUILTY  OF  A  CLASS  B
   24  MISDEMEANOR  IF SUCH PERSON HAS PREVIOUSLY BEEN CONVICTED OF A VIOLATION
   25  OF THIS SECTION OR OF SECTION 230.04, 230.05, 230.06 OR 230.08  OF  THIS
   26  PART.
   27    S  25.  Subdivision 6 of section 380.50 of the criminal procedure law,
   28  as amended by chapter 320 of the laws of 2006, is  amended  to  read  as
   29  follows:
   30    6.  Regardless of whether the victim requests to make a statement with
   31  regard to the defendant's sentence, where the defendant is sentenced for
   32  a violent felony offense as defined in section 70.02 of the penal law or
   33  a felony defined in article one hundred twenty-five of such law  or  any
   34  of the following provisions of such law sections 130.25, 130.30, 130.40,
   35  130.45, 255.25, 255.26, 255.27, article two hundred sixty-three, 135.10,
   36  135.25,  230.05,  230.06,  230.11,  230.12,  230.13,  subdivision two of
   37  section 230.30 or 230.32, the prosecutor shall, within sixty days of the
   38  imposition of sentence, provide the victim with  a  form  on  which  the
   39  victim  may  indicate  a demand to be informed of any petition to change
   40  the name of such defendant.   Such forms shall  be  maintained  by  such
   41  prosecutor. Upon receipt of a notice of a petition to change the name of
   42  any  such defendant, pursuant to subdivision two of section sixty-two of
   43  the civil rights law, the prosecutor shall promptly notify the victim at
   44  the most current address or telephone number provided by such victim  in
   45  the  most reasonable and expedient possible manner of the time and place
   46  such petition will be presented to the court.
   47    S 26. Paragraph (i) of subdivision 1 of section 440.10 of the criminal
   48  procedure law, as added by chapter 332 of the laws of 2010,  is  amended
   49  to read as follows:
   50    (i)  The judgment is a conviction where the arresting charge was under
   51  section 240.37 (loitering for the purpose of engaging in a  prostitution
   52  offense, provided that the defendant was not alleged to be loitering for
   53  the  purpose  of  patronizing a prostitute or promoting prostitution) or
   54  230.00 (prostitution) OR 230.03 of the penal law,  and  the  defendant's
   55  participation in the offense was a result of having been a victim of sex
   56  trafficking  under  section  230.34  of the penal law, LABOR TRAFFICKING
       A. 8808                            12
    1  UNDER SECTION 135.35 OF THE  PENAL  LAW,  AGGRAVATED  LABOR  TRAFFICKING
    2  UNDER  SECTION  135.37  OF  THE PENAL LAW, COMPELLING PROSTITUTION UNDER
    3  SECTION 230.33 OF THE PENAL LAW, or trafficking  in  persons  under  the
    4  Trafficking  Victims Protection Act (United States Code, title 22, chap-
    5  ter 78); provided that
    6    (i) a motion under this paragraph shall be made  with  due  diligence,
    7  after  the  defendant  has  ceased to be a victim of such trafficking OR
    8  COMPELLING PROSTITUTION CRIME or has sought services for victims of such
    9  trafficking OR COMPELLING  PROSTITUTION  CRIME,  subject  to  reasonable
   10  concerns  for the safety of the defendant, family members of the defend-
   11  ant, or other victims of such  trafficking  OR  COMPELLING  PROSTITUTION
   12  CRIME  that  may  be  jeopardized by the bringing of such motion, or for
   13  other reasons consistent with the purpose of this paragraph; and
   14    (ii) official documentation of the defendant's status as a  victim  of
   15  [sex]  trafficking, COMPELLING PROSTITUTION or trafficking in persons at
   16  the time of the offense from a federal, state or local government agency
   17  shall create a presumption that the  defendant's  participation  in  the
   18  offense was a result of having been a victim of sex trafficking, COMPEL-
   19  LING  PROSTITUTION  or trafficking in persons, but shall not be required
   20  for granting a motion under this paragraph.
   21    S 27. Intentionally omitted.
   22    S 28. Section 483-bb of the social services law is amended by adding a
   23  new subdivision (c) to read as follows:
   24    (C) AN INDIVIDUAL WHO IS A VICTIM OF THE CONDUCT PROHIBITED BY SECTION
   25  230.33, 230.34, 135.35 OR 135.37 OF THE PENAL  LAW  MAY  BRING  A  CIVIL
   26  ACTION  AGAINST THE PERPETRATOR OR WHOEVER KNOWINGLY ADVANCES OR PROFITS
   27  FROM, OR WHOEVER SHOULD HAVE KNOWN HE OR SHE WAS ADVANCING OR  PROFITING
   28  FROM, AN ACT IN VIOLATION OF SECTION 230.33, 230.34, 135.35 OR 135.37 OF
   29  THE PENAL LAW TO RECOVER DAMAGES AND REASONABLE ATTORNEY'S FEES.
   30    S  29.  Section  212 of the civil practice law and rules is amended by
   31  adding a new subdivision (e) to read as follows:
   32    (E) BY A VICTIM OF SEX TRAFFICKING, COMPELLING PROSTITUTION, OR  LABOR
   33  TRAFFICKING.  AN ACTION BY A VICTIM OF SEX TRAFFICKING, COMPELLING PROS-
   34  TITUTION, LABOR TRAFFICKING OR  AGGRAVATED  LABOR  TRAFFICKING,  BROUGHT
   35  PURSUANT  TO  SUBDIVISION (C) OF SECTION FOUR HUNDRED EIGHTY-THREE-BB OF
   36  THE SOCIAL SERVICES LAW, MAY BE COMMENCED WITHIN TEN  YEARS  AFTER  SUCH
   37  VICTIMIZATION  OCCURS PROVIDED, HOWEVER, THAT SUCH TEN YEAR PERIOD SHALL
   38  NOT BEGIN TO RUN AND SHALL BE TOLLED DURING  ANY  PERIOD  IN  WHICH  THE
   39  VICTIM IS OR REMAINS SUBJECT TO SUCH CONDUCT.
   40    S 30. Subdivision (a) of section 483-cc of the social services law, as
   41  added by chapter 74 of the laws of 2007, is amended to read as follows:
   42    (a)  As  soon as practicable after a first encounter with a person who
   43  reasonably appears to a law enforcement agency [or a],  district  attor-
   44  ney's  office,  OR  AN  ESTABLISHED PROVIDER OF SOCIAL OR LEGAL SERVICES
   45  DESIGNATED BY THE OFFICE OF TEMPORARY AND AND DISABILITY  ASSISTANCE  OR
   46  THE  OFFICE  FOR  THE  PREVENTION  OF DOMESTIC VIOLENCE OR THE OFFICE OF
   47  VICTIM SERVICES to be a human trafficking victim, that [agency  or]  LAW
   48  ENFORCEMENT AGENCY OR DISTRICT ATTORNEY'S office shall notify the office
   49  of  temporary  and  disability  assistance  and the division of criminal
   50  justice services that such person may be  eligible  for  services  under
   51  this  article  OR,  IN  THE CASE OF AN ESTABLISHED PROVIDER OF SOCIAL OR
   52  LEGAL SERVICES, SHALL NOTIFY THE  OFFICE  OF  TEMPORARY  AND  DISABILITY
   53  ASSISTANCE  AND THE DIVISION OF CRIMINAL JUSTICE SERVICES IF SUCH VICTIM
   54  CONSENTS TO SEEKING SERVICES PURSUANT TO THIS ARTICLE.
   55    S 31. Intentionally omitted.
       A. 8808                            13
    1    S 32. Section 14 of chapter 74 of the laws of 2007, amending the penal
    2  law, the criminal procedure law, the correction law, the social services
    3  law, and the executive law relating to human trafficking, as amended  by
    4  chapter 24 of the laws of 2011, is amended to read as follows:
    5    S  14.    This  act  shall  take  effect on the first of November next
    6  succeeding the date on which it shall have become a law;  provided  that
    7  section 483-ee of the social services law, as added by section eleven of
    8  this  act,  shall take effect immediately and shall remain in full force
    9  and effect until September 1,  [2013]  2017  when  upon  such  date  the
   10  provisions  of  such  section  shall  expire  and  be  deemed  repealed.
   11  Provided, effective immediately, the addition, amendment  and/or  repeal
   12  of any rule or regulation necessary for the timely implementation of the
   13  provisions  of  article  10-D  of  the  social services law, as added by
   14  section eleven of this act, on its effective date are authorized  to  be
   15  made on or before such effective date.
   16    S  33.  Subdivision (p) of section 10.03 of the mental hygiene law, as
   17  added by chapter 7 of the laws of 2007, is amended to read as follows:
   18    (p) "Sex offense" means an act or acts constituting:  (1)  any  felony
   19  defined  in  article  one  hundred  thirty of the penal law, including a
   20  sexually motivated felony; (2) patronizing  a  [prostitute]  PERSON  FOR
   21  PROSTITUTION  in  the  first  degree as defined in section 230.06 of the
   22  penal law, AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE  FIRST
   23  DEGREE AS DEFINED IN SECTION 230.13 OF THE PENAL LAW, AGGRAVATED PATRON-
   24  IZING  A  MINOR  FOR  PROSTITUTION  IN  THE  SECOND DEGREE AS DEFINED IN
   25  SECTION 230.12 OF THE PENAL LAW,  AGGRAVATED  PATRONIZING  A  MINOR  FOR
   26  PROSTITUTION  IN  THE  THIRD  DEGREE AS DEFINED IN SECTION 230.11 OF THE
   27  PENAL LAW, incest in the second degree as defined in section  255.26  of
   28  the  penal  law,  or  incest  in  the first degree as defined in section
   29  255.27 of the penal law; (3) a felony attempt or  conspiracy  to  commit
   30  any  of  the  foregoing offenses set forth in this subdivision; or (4) a
   31  designated felony, as defined in subdivision (f)  of  this  section,  if
   32  sexually  motivated  and  committed  prior to the effective date of this
   33  article.
   34    S 34. Subparagraph (i) of paragraph (a) of subdivision  2  of  section
   35  168-a  of  the  correction law, as amended by chapter 405 of the laws of
   36  2008, is amended to read as follows:
   37    (i) a conviction of or a conviction for an attempt to  commit  any  of
   38  the  provisions  of  sections  120.70,  130.20,  130.25, 130.30, 130.40,
   39  130.45, 130.60, 230.34, 250.50, 255.25, 255.26 and 255.27 or article two
   40  hundred sixty-three of the penal law, or section 135.05, 135.10,  135.20
   41  or  135.25  of  such  law  relating to kidnapping offenses, provided the
   42  victim of such kidnapping or related  offense  is  less  than  seventeen
   43  years  old  and the offender is not the parent of the victim, or section
   44  230.04, where the person patronized is in fact less than seventeen years
   45  of age, 230.05 [or], 230.06, [or] 230.11,  230.12,  230.13,  subdivision
   46  two  of  section  230.30, [or] section 230.32 [or], 230.33, OR 230.34 of
   47  the penal law, OR SECTION 230.25 OF THE PENAL LAW WHERE THE PERSON PROS-
   48  TITUTED IS IN FACT LESS THAN SEVENTEEN YEARS OLD, or
   49    S 35.  Paragraph  (b)  of  subdivision  1  of  section  168-d  of  the
   50  correction law, as amended by chapter 74 of the laws of 2007, is amended
   51  to read as follows:
   52    (b)  Where a defendant stands convicted of an offense defined in para-
   53  graph (b) of subdivision two of section  one  hundred  sixty-eight-a  of
   54  this  article  or  where  the  defendant  was convicted of patronizing a
   55  [prostitute] PERSON FOR PROSTITUTION in the third degree  under  section
   56  230.04 of the penal law and the defendant controverts an allegation that
       A. 8808                            14
    1  the  victim  of  such offense was less than eighteen years of age or, in
    2  the case of a conviction under section 230.04 of  the  penal  law,  less
    3  than  seventeen years of age, the court, without a jury, shall, prior to
    4  sentencing,  conduct  a  hearing,  and the people may prove by clear and
    5  convincing evidence that the victim was less  than  eighteen  years  [of
    6  age]  OLD  or  less than seventeen years [of age] OLD, as applicable, by
    7  any evidence admissible under the rules applicable to  a  trial  of  the
    8  issue  of  guilt.  The court in addition to such admissible evidence may
    9  also consider  reliable  hearsay  evidence  submitted  by  either  party
   10  provided  that  it  is  relevant  to the determination of the age of the
   11  victim. Facts concerning the age of the victim proven at trial or ascer-
   12  tained at the time of entry of a plea of guilty shall be  deemed  estab-
   13  lished by clear and convincing evidence and shall not be relitigated. At
   14  the  conclusion  of the hearing, or if the defendant does not controvert
   15  an allegation that the victim of the  offense  was  less  than  eighteen
   16  years  [of age] OLD or less than seventeen years [of age] OLD, as appli-
   17  cable, the court must make a finding and enter an  order  setting  forth
   18  the  age  of  the  victim.  If  the  court finds that the victim of such
   19  offense was under eighteen years [of age] OLD or under  seventeen  years
   20  [of  age] OLD, as applicable, the court shall certify the defendant as a
   21  sex offender, the provisions of paragraph (a) of this subdivision  shall
   22  apply  and  the defendant shall register with the division in accordance
   23  with the provisions of this article.
   24    S 36. Paragraph (c) of subdivision 4 of section 509-cc of the  vehicle
   25  and  traffic  law,  as  amended  by  chapter 400 of the laws of 2011, is
   26  amended to read as follows:
   27    (c) The offenses referred to in subparagraph (i) of paragraph  (b)  of
   28  subdivision one and subparagraph (i) of paragraph (c) of subdivision two
   29  of  this  section  that  result in disqualification for a period of five
   30  years shall include a conviction under sections 100.10, 105.13,  115.05,
   31  120.03,  120.04,  120.04-a,  120.05,  120.10,  120.25,  121.12,  121.13,
   32  125.40, 125.45, 130.20, 130.25, 130.52, 130.55, 135.10, 135.55,  140.17,
   33  140.25,  140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06, 220.09,
   34  220.16, 220.31, 220.34, 220.60, 220.65, 221.30, 221.50, 221.55,  230.00,
   35  230.05,  230.06, 230.11, 230.12, 230.13, 230.19, 230.20, 235.05, 235.06,
   36  235.07, 235.21, 240.06,  245.00,  260.10,  subdivision  two  of  section
   37  260.20  and  sections  260.25,  265.02,  265.03, 265.08, 265.09, 265.10,
   38  265.12, 265.35 of the penal law or an attempt to commit any of the afor-
   39  esaid offenses under section 110.00 of the penal  law,  or  any  similar
   40  offenses  committed  under  a  former  section  of the penal law, or any
   41  offenses committed under a former section of the penal law  which  would
   42  constitute violations of the aforesaid sections of the penal law, or any
   43  offenses  committed outside this state which would constitute violations
   44  of the aforesaid sections of the penal law.
   45    S 36-a. The vehicle and traffic law is amended by adding a new section
   46  510-d to read as follows:
   47    S 510-D. SUSPENSION AND REVOCATION OF CLASS E DRIVER'S LICENSES. 1.  A
   48  CLASS  E  DRIVER'S  LICENSE SHALL BE SUSPENDED BY THE COMMISSIONER FOR A
   49  PERIOD OF ONE YEAR WHERE THE HOLDER  IS  CONVICTED  OF  A  VIOLATION  OF
   50  SECTION  230.20,  230.25,  230.30, 230.32, 230.34 OR 230.40 OF THE PENAL
   51  LAW AND THE HOLDER USED A FOR HIRE MOTOR VEHICLE TO COMMIT SUCH CRIME.
   52    2. A CLASS E DRIVER'S LICENSE MAY BE REVOKED BY THE COMMISSIONER  WHEN
   53  THE HOLDER, WHO HAD HIS OR HER DRIVER'S LICENSE SUSPENDED UNDER SUBDIVI-
   54  SION  ONE  OF  THIS SECTION WITHIN THE LAST TEN YEARS, IS CONVICTED OF A
   55  SECOND VIOLATION OF SECTION 230.20, 230.25, 230.30,  230.32,  230.34  OR
       A. 8808                            15
    1  230.40  OF THE PENAL LAW AND THE HOLDER USED A FOR HIRE MOTOR VEHICLE TO
    2  COMMIT SUCH CRIME.
    3    3.  ANY  REVOCATION OR SUSPENSION OF A CLASS E DRIVER'S LICENSE ISSUED
    4  PURSUANT TO THIS ARTICLE SHALL BE APPLICABLE ONLY TO THAT PORTION OF THE
    5  HOLDER'S DRIVER'S LICENSE OR PRIVILEGE WHICH PERMITS THE OPERATION OF  A
    6  MOTOR  VEHICLE  TRANSPORTING  PASSENGERS  FOR HIRE, AND THE COMMISSIONER
    7  SHALL IMMEDIATELY ISSUE  A  LICENSE,  OTHER  THAN  A  CLASS  E  DRIVER'S
    8  LICENSE, TO SUCH PERSON, PROVIDED THAT SUCH PERSON IS OTHERWISE ELIGIBLE
    9  TO  RECEIVE  SUCH LICENSE AND FURTHER PROVIDED THAT ISSUING A LICENSE TO
   10  SUCH PERSON DOES NOT CREATE A SUBSTANTIAL TRAFFIC SAFETY HAZARD.
   11    4. THE PROVISIONS OF THIS SECTION SHALL NOT BE  CONSTRUED  TO  PREVENT
   12  ANY PERSON WHO HAS THE AUTHORITY TO SUSPEND OR REVOKE A LICENSE TO DRIVE
   13  OR  PRIVILEGE  OF OPERATING PURSUANT TO SECTION FIVE HUNDRED TEN OF THIS
   14  ARTICLE FROM EXERCISING ANY SUCH AUTHORITY.
   15    S 37. Section 2324-a of the public health law, as amended  by  chapter
   16  260 of the laws of 1978, is amended to read as follows:
   17    S  2324-a.  Presumptive evidence.  For the purposes of this title, two
   18  or more convictions of any person or persons had, within a period of one
   19  year, for any of the  offenses  described  in  section  230.00,  230.05,
   20  230.06,  230.08,  230.11, 230.12, 230.13, 230.20, 230.25 [or], 230.30 OR
   21  230.32 of the penal law arising out of conduct engaged in  at  the  same
   22  real property consisting of a dwelling as that term is defined in subdi-
   23  vision  four  of  section  four  of  the  multiple dwelling law shall be
   24  presumptive evidence of conduct constituting use  of  the  premises  for
   25  purposes of prostitution.
   26    S  38.  Subdivision  2 of section 715 of the real property actions and
   27  proceedings law, as added by chapter 494 of the laws of 1976, is amended
   28  to read as follows:
   29    2. For purposes of this section, two or more convictions of any person
   30  or persons had, within a period of one year, for  any  of  the  offenses
   31  described  in  section  230.00,  230.05, 230.06, 230.11, 230.12, 230.13,
   32  230.20, 230.25, 230.30, 230.32 or 230.40 of the penal law arising out of
   33  conduct engaged in at the same real property consisting of a dwelling as
   34  that term is defined in subdivision four of section four of the multiple
   35  dwelling law shall be presumptive evidence of conduct  constituting  use
   36  of the premises for purposes of prostitution.
   37    S  39.  Subdivision  3  of  section  231  of the real property law, as
   38  amended by chapter 203 of the laws  of  1980,  is  amended  to  read  as
   39  follows:
   40    3.  For  the  purposes of this section, two or more convictions of any
   41  person or persons had, within a period of  one  year,  for  any  of  the
   42  offenses  described  in  section 230.00, 230.05, 230.06, 230.11, 230.12,
   43  230.13, 230.20, 230.25, 230.30, 230.32 or 230.40 of the penal law  aris-
   44  ing  out  of  conduct  engaged  in  at the same premises consisting of a
   45  dwelling as that term is defined in subdivision four of section four  of
   46  the  multiple dwelling law shall be presumptive evidence of unlawful use
   47  of such premises and of the owners knowledge of the same.
   48    S 40. Subdivision 3 of section 840 of the executive law is amended  by
   49  adding a new paragraph (f-1) to read as follows:
   50    (F-1)  DEVELOP,  MAINTAIN  AND  DISSEMINATE,  IN CONSULTATION WITH THE
   51  OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE AND THE DIVISION OF CRIMI-
   52  NAL JUSTICE SERVICES, WRITTEN POLICIES AND  PROCEDURES  REGARDING  HUMAN
   53  TRAFFICKING VICTIMS. SUCH POLICIES AND PROCEDURES SHALL INCLUDE, BUT NOT
   54  BE LIMITED TO THE FOLLOWING: (1) THE IDENTIFICATION OF POTENTIAL VICTIMS
   55  OF   HUMAN   TRAFFICKING,   AS   DEFINED   UNDER  SECTION  FOUR  HUNDRED
   56  EIGHTY-THREE-AA OF THE SOCIAL SERVICES LAW; AND (2)  INFORMATION  AND/OR
       A. 8808                            16
    1  REFERRAL  TO  APPROPRIATE SOCIAL AND LEGAL SERVICES FOR VICTIMS OF HUMAN
    2  TRAFFICKING IN ACCORDANCE WITH SECTION FOUR HUNDRED  EIGHTY-THREE-BB  OF
    3  THE SOCIAL SERVICES LAW;
    4    S  41.  The  executive law is amended by adding a new section 214-d to
    5  read as follows:
    6    S 214-D. HUMAN TRAFFICKING AWARENESS. THE SUPERINTENDENT, IN CONSULTA-
    7  TION WITH THE OFFICE OF TEMPORARY  AND  DISABILITY  ASSISTANCE  AND  THE
    8  DIVISION  OF CRIMINAL JUSTICE SERVICES, SHALL: (1) DEVELOP, MAINTAIN AND
    9  DISSEMINATE TO ALL MEMBERS OF THE STATE POLICE, INCLUDING NEW AND VETER-
   10  AN OFFICERS, WRITTEN  POLICIES,  PROCEDURES  AND  EDUCATIONAL  MATERIALS
   11  RELATING  TO HUMAN TRAFFICKING VICTIMS, INCLUDING SERVICES AVAILABLE FOR
   12  VICTIMS OF HUMAN TRAFFICKING, AS  REFERENCED  IN  SECTION  FOUR  HUNDRED
   13  EIGHTY-THREE-BB OF THE SOCIAL SERVICES LAW; AND (2) ESTABLISH AND IMPLE-
   14  MENT  WRITTEN PROCEDURES AND POLICIES IN THE EVENT A MEMBER OF THE DIVI-
   15  SION OF STATE POLICE ENCOUNTERS AN INDIVIDUAL BELIEVED TO BE A VICTIM OF
   16  HUMAN TRAFFICKING, WHICH SHALL INCLUDE,  BUT  NOT  BE  LIMITED  TO,  THE
   17  PROVISION  OF  INFORMATION AND/OR REFERRAL TO AN APPROPRIATE PROVIDER OF
   18  SOCIAL AND LEGAL SERVICES TO HUMAN TRAFFICKING  VICTIMS,  IN  ACCORDANCE
   19  WITH SUCH SECTION FOUR HUNDRED EIGHTY-THREE-BB.
   20    S  42. Severability clause. If any clause, sentence, paragraph, subdi-
   21  vision, section or part of this act shall be  adjudged  by  a  court  of
   22  competent  jurisdiction  to  be invalid, such judgment shall not affect,
   23  impair or invalidate the remainder thereof, but shall be confined in its
   24  operation to the clause, sentence, paragraph,  subdivision,  section  or
   25  part thereof directly involved in the controversy in which such judgment
   26  shall  have been rendered. It is hereby declared to be the intent of the
   27  legislature that this act would have been enacted even if  such  invalid
   28  provisions had not been included herein.
   29    S  43.    Notwithstanding  the  provisions of article 5 of the general
   30  construction law,  the  provisions  of  section  483-ee  of  the  social
   31  services  law, as added by section 11 of chapter 74 of the laws of 2007,
   32  are hereby revived and shall continue in full force and effect  as  such
   33  provisions existed on August 31, 2013.
   34    S  44.  This  act shall take effect on the sixtieth day after it shall
   35  have become a law.