S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        2135--A
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   January 11, 2013
                                      ___________
       Introduced  by Sens. LANZA, DeFRANCISCO, DILAN, KENNEDY, VALESKY -- read
         twice and ordered printed, and when printed to  be  committed  to  the
         Committee  on  Codes  --  committee  discharged, bill amended, ordered
         reprinted as amended and recommitted to said committee
       AN ACT to amend the penal law, the criminal procedure  law,  the  social
         services  law, the 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
         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
   18  must sentence the defendant in accordance with the provisions of section
   19  70.80 of this title.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03210-15-3
       S. 2135--A                          2
    1    S 3. Paragraph (a) of subdivision 1 of section 70.02 of the penal law,
    2  as amended by chapter 320 of the laws of 2006, is  amended  to  read  as
    3  follows:
    4    (a)  Class  B  violent felony offenses: an attempt to commit the class
    5  A-I felonies of murder in  the  second  degree  as  defined  in  section
    6  125.25, kidnapping in the first degree as defined in section 135.25, and
    7  arson  in the first degree as defined in section 150.20; manslaughter in
    8  the first degree as defined in section 125.20,  aggravated  manslaughter
    9  in  the  first  degree  as  defined in section 125.22, rape in the first
   10  degree as defined in section 130.35, criminal sexual act  in  the  first
   11  degree  as  defined  in  section  130.50, aggravated sexual abuse in the
   12  first degree as defined in section  130.70,  course  of  sexual  conduct
   13  against  a  child  in  the  first  degree  as defined in section 130.75;
   14  assault in the first degree as defined in section 120.10, kidnapping  in
   15  the  second  degree  as defined in section 135.20, burglary in the first
   16  degree as defined in section 140.30,  arson  in  the  second  degree  as
   17  defined  in  section  150.15,  robbery in the first degree as defined in
   18  section 160.15, SEX TRAFFICKING AS DEFINED IN SECTION 230.34, incest  in
   19  the  first degree as defined in section 255.27, criminal possession of a
   20  weapon in the first degree as defined in section 265.04, criminal use of
   21  a firearm in the first degree as defined  in  section  265.09,  criminal
   22  sale  of  a  firearm  in  the first degree as defined in section 265.13,
   23  aggravated assault upon a police officer or a peace officer  as  defined
   24  in  section  120.11,  gang  assault  in  the  first degree as defined in
   25  section 120.07, intimidating a victim or witness in the first degree  as
   26  defined  in  section  215.17,  hindering prosecution of terrorism in the
   27  first degree as defined in section  490.35,  criminal  possession  of  a
   28  chemical  weapon or biological weapon in the second degree as defined in
   29  section 490.40, and criminal use of  a  chemical  weapon  or  biological
   30  weapon in the third degree as defined in section 490.47.
   31    S 4. Paragraph (a) of subdivision 1 of section 70.80 of the penal law,
   32  as  added  by  chapter  7  of  the  laws  of 2007, is amended to read as
   33  follows:
   34    (a) For the purposes of this section, a "felony sex offense"  means  a
   35  conviction  of  any felony defined in article one hundred thirty of this
   36  chapter, including a sexually motivated felony, or patronizing a  [pros-
   37  titute]  PERSON  FOR  PROSTITUTION  in  the  first  degree as defined in
   38  section 230.06 of this chapter, PATRONIZING A PERSON FOR PROSTITUTION IN
   39  THE SECOND DEGREE AS DEFINED IN SECTION 230.05 OF THIS  CHAPTER,  AGGRA-
   40  VATED  PATRONIZING  A  MINOR  FOR  PROSTITUTION  IN  THE THIRD DEGREE AS
   41  DEFINED IN SECTION 230.11 OF  THIS  CHAPTER,  AGGRAVATED  PATRONIZING  A
   42  MINOR FOR PROSTITUTION IN THE SECOND DEGREE AS DEFINED IN SECTION 230.12
   43  OF  THIS CHAPTER, AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE
   44  FIRST DEGREE AS DEFINED IN SECTION 230.13 OF THIS CHAPTER, incest in the
   45  second degree as defined in section 255.26 of this chapter, or incest in
   46  the first degree as defined in section 255.27  of  this  chapter,  or  a
   47  felony attempt or conspiracy to commit any of the above.
   48    S  5.    The  closing paragraph of section 135.35 of the penal law, as
   49  added by chapter 74 of the laws of 2007, is amended to read as follows:
   50    Labor trafficking is a class [D] B felony.
   51    S 6.  The penal law is amended by adding a new section 230.01 to  read
   52  as follows:
   53  S 230.01 PROSTITUTION; DEFENSE.
   54    IN  ANY PROSECUTION UNDER SECTION 230.00 OR SUBDIVISION TWO OF SECTION
   55  240.37 OF THIS PART, IT IS AN AFFIRMATIVE DEFENSE THAT  THE  DEFENDANT'S
   56  PARTICIPATION IN THE OFFENSE WAS A RESULT OF BEING A VICTIM OF SEX TRAF-
       S. 2135--A                          3
    1  FICKING  UNDER SECTION 230.34 OF THIS ARTICLE OR A VICTIM OF TRAFFICKING
    2  IN PERSONS UNDER THE TRAFFICKING VICTIMS PROTECTION ACT  (UNITED  STATES
    3  CODE, TITLE 22, CHAPTER 78).
    4    S  7.  The  section heading and subdivision 1 of section 230.02 of the
    5  penal law, as amended by chapter 627 of the laws of 1978, are amended to
    6  read as follows:
    7  Patronizing a [prostitute] PERSON FOR PROSTITUTION; definitions.
    8    1. A person patronizes a [prostitute] PERSON FOR PROSTITUTION when:
    9    (a) Pursuant to a prior understanding, he OR SHE pays a fee to another
   10  person as compensation for such person or a third person having  engaged
   11  in sexual conduct with him OR HER; or
   12    (b)  He  OR SHE pays or agrees to pay a fee to another person pursuant
   13  to an understanding that in return  therefor  such  person  or  a  third
   14  person will engage in sexual conduct with him OR HER; or
   15    (c)  He OR SHE solicits or requests another person to engage in sexual
   16  conduct with him OR HER in return for a fee.
   17    S 8. Subdivision 2 of section 230.03 of the penal  law,  as  added  by
   18  chapter 191 of the laws of 2011, is amended to read as follows:
   19    2. For the purposes of this section, SECTION 230.08 and section 230.19
   20  of  this  article, "school zone" means (a) in or on or within any build-
   21  ing, structure, athletic playing field,  playground  or  land  contained
   22  within  the real property boundary line of a public or private elementa-
   23  ry, parochial, intermediate, junior high, vocational, or high school, or
   24  (b) any public  sidewalk,  street,  parking  lot,  park,  playground  or
   25  private  land, located immediately adjacent to the boundary line of such
   26  school.
   27    S 9. The penal law is amended by adding a new section 230.08  to  read
   28  as follows:
   29  S 230.08 PATRONIZING A PERSON FOR PROSTITUTION IN A SCHOOL ZONE.
   30    1.  A  PERSON  IS GUILTY OF PATRONIZING A PERSON FOR PROSTITUTION IN A
   31  SCHOOL ZONE WHEN HE OR SHE COMMITS THE CRIME OF PATRONIZING A PERSON FOR
   32  PROSTITUTION IN VIOLATION OF SECTION 230.04, 230.05, OR 230.06  OF  THIS
   33  ARTICLE IN A SCHOOL ZONE DURING THE HOURS THAT SCHOOL IS IN SESSION.
   34    2.  FOR  PURPOSES  OF  THIS  SECTION, "SCHOOL ZONE" SHALL MEAN "SCHOOL
   35  ZONE" AS DEFINED IN SUBDIVISION TWO OF SECTION 230.03 OF THIS ARTICLE.
   36    PATRONIZING A PERSON FOR PROSTITUTION IN A SCHOOL ZONE IS  A  CLASS  E
   37  FELONY.
   38    S 10. Section 230.04 of the penal law, as amended by chapter 74 of the
   39  laws of 2007, is amended to read as follows:
   40  S 230.04 Patronizing a [prostitute] PERSON FOR PROSTITUTION in the third
   41             degree.
   42    A  person is guilty of patronizing a [prostitute] PERSON FOR PROSTITU-
   43  TION in the third degree when he or she patronizes a [prostitute] PERSON
   44  FOR PROSTITUTION.
   45    Patronizing a [prostitute] PERSON FOR PROSTITUTION in the third degree
   46  is a class A misdemeanor.
   47    S 11. Section 230.05 of the penal law, as added by chapter 627 of  the
   48  laws of 1978, is amended to read as follows:
   49  S  230.05  Patronizing  a  [prostitute]  PERSON  FOR PROSTITUTION in the
   50             second degree.
   51    A person is guilty of patronizing a [prostitute] PERSON FOR  PROSTITU-
   52  TION in the second degree when, being [over] eighteen years [of age] OLD
   53  OR MORE, he OR SHE patronizes a [prostitute] PERSON FOR PROSTITUTION and
   54  the  person  patronized  is  less than [fourteen] FIFTEEN years [of age]
   55  OLD.
       S. 2135--A                          4
    1    Patronizing a [prostitute]  PERSON  FOR  PROSTITUTION  in  the  second
    2  degree is a class E felony.
    3    S  12. Section 230.06 of the penal law, as added by chapter 627 of the
    4  laws of 1978, is amended to read as follows:
    5  S 230.06 Patronizing a [prostitute] PERSON FOR PROSTITUTION in the first
    6             degree.
    7    A person is guilty of patronizing a [prostitute] PERSON FOR  PROSTITU-
    8  TION in the first degree when [he]:
    9    1. HE OR SHE patronizes a [prostitute] PERSON FOR PROSTITUTION and the
   10  person patronized is less than eleven years [of age] OLD; OR
   11    2. BEING EIGHTEEN YEARS OLD OR MORE, HE OR SHE PATRONIZES A PERSON FOR
   12  PROSTITUTION AND THE PERSON PATRONIZED IS LESS THAN THIRTEEN YEARS OLD.
   13    Patronizing a [prostitute] PERSON FOR PROSTITUTION in the first degree
   14  is a class D felony.
   15    S  13. The section heading and the opening paragraph of section 230.10
   16  of the penal law are amended to read as follows:
   17  Prostitution and patronizing a [prostitute] PERSON FOR PROSTITUTION;  no
   18             defense.
   19    In  any  prosecution  for  prostitution  or patronizing a [prostitute]
   20  PERSON FOR PROSTITUTION, the sex  of  the  two  parties  or  prospective
   21  parties  to  the sexual conduct engaged in, contemplated or solicited is
   22  immaterial, and it is no defense that:
   23    S 14. The penal law is amended by adding three  new  sections  230.11,
   24  230.12 and 230.13 to read as follows:
   25  S 230.11 AGGRAVATED  PATRONIZING  A  MINOR FOR PROSTITUTION IN THE THIRD
   26             DEGREE.
   27    A PERSON IS GUILTY OF AGGRAVATED PATRONIZING A MINOR FOR  PROSTITUTION
   28  IN  THE THIRD DEGREE WHEN, BEING TWENTY-ONE YEARS OLD OR MORE, HE OR SHE
   29  PATRONIZES A PERSON FOR PROSTITUTION AND THE PERSON PATRONIZED  IS  LESS
   30  THAN SEVENTEEN YEARS OLD AND THE PERSON GUILTY OF PATRONIZING ENGAGES IN
   31  SEXUAL  INTERCOURSE, ORAL SEXUAL CONDUCT, ANAL SEXUAL CONDUCT, OR AGGRA-
   32  VATED SEXUAL CONDUCT.
   33    AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE THIRD DEGREE IS
   34  A CLASS E FELONY.
   35  S 230.12 AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN  THE  SECOND
   36             DEGREE.
   37    A  PERSON IS GUILTY OF AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION
   38  IN THE SECOND DEGREE WHEN, BEING EIGHTEEN YEARS OLD OR MORE, HE  OR  SHE
   39  PATRONIZES  A  PERSON FOR PROSTITUTION AND THE PERSON PATRONIZED IS LESS
   40  THAN FIFTEEN YEARS OLD AND THE PERSON GUILTY OF PATRONIZING  ENGAGES  IN
   41  SEXUAL  INTERCOURSE, ORAL SEXUAL CONDUCT, ANAL SEXUAL CONDUCT, OR AGGRA-
   42  VATED SEXUAL CONDUCT.
   43    AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE  SECOND  DEGREE
   44  IS A CLASS D FELONY.
   45  S 230.13 AGGRAVATED  PATRONIZING  A  MINOR FOR PROSTITUTION IN THE FIRST
   46             DEGREE.
   47    A PERSON IS GUILTY OF AGGRAVATED PATRONIZING A MINOR FOR  PROSTITUTION
   48  IN  THE FIRST DEGREE WHEN HE OR SHE PATRONIZES A PERSON FOR PROSTITUTION
   49  AND THE PERSON PATRONIZED IS LESS THAN ELEVEN YEARS OLD, OR BEING  EIGH-
   50  TEEN  YEARS  OLD OR MORE, HE OR SHE PATRONIZES A PERSON FOR PROSTITUTION
   51  AND THE PERSON PATRONIZED IS LESS  THAN  THIRTEEN  YEARS  OLD,  AND  THE
   52  PERSON  GUILTY OF PATRONIZING ENGAGES IN SEXUAL INTERCOURSE, ORAL SEXUAL
   53  CONDUCT, ANAL SEXUAL CONDUCT, OR AGGRAVATED SEXUAL CONDUCT.
   54    AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE FIRST DEGREE IS
   55  A CLASS B FELONY.
       S. 2135--A                          5
    1    S 15. Subdivisions 1 and 2 of section 230.15  of  the  penal  law  are
    2  amended to read as follows:
    3    1.  "Advance  prostitution."  A  person  "advances prostitution" when,
    4  acting other than as a [prostitute]  PERSON  IN  PROSTITUTION  or  as  a
    5  patron thereof, he OR SHE knowingly causes or aids a person to commit or
    6  engage  in  prostitution, procures or solicits patrons for prostitution,
    7  provides persons or premises  for  prostitution  purposes,  operates  or
    8  assists  in  the  operation of a house of prostitution or a prostitution
    9  enterprise, or engages in any other conduct designed to  institute,  aid
   10  or facilitate an act or enterprise of prostitution.
   11    2.  "Profit  from  prostitution." A person "profits from prostitution"
   12  when, acting other than as a [prostitute] PERSON IN PROSTITUTION receiv-
   13  ing compensation for personally rendered prostitution  services,  he  OR
   14  SHE accepts or receives money or other property pursuant to an agreement
   15  or understanding with any person whereby he OR SHE participates or is to
   16  participate in the proceeds of prostitution activity.
   17    S  16.  Subdivision  1 of section 230.19 of the penal law, as added by
   18  chapter 191 of the laws of 2011, is amended to read as follows:
   19    1. A person is guilty of promoting prostitution in a school zone when,
   20  being nineteen years [of age] OLD or [older] MORE, he or  she  knowingly
   21  advances  or  profits from prostitution [that he or she knows or reason-
   22  ably should know is or will be committed in violation of section  230.03
   23  of  this  article]  in  a school zone during the hours that school is in
   24  session.
   25    S 17. The opening paragraph and subdivisions 1 and 2 of section 230.25
   26  of the penal law, the opening paragraph and subdivision 2 as amended  by
   27  chapter  627 of the laws of 1978 and subdivision 1 as amended by chapter
   28  74 of the laws of 2007, are amended to read as follows:
   29    A person is guilty of promoting prostitution in the third degree  when
   30  he OR SHE knowingly:
   31    1.  Advances  or  profits  from prostitution by managing, supervising,
   32  controlling or owning, either alone or in  association  with  others,  a
   33  house of prostitution or a prostitution business or enterprise involving
   34  prostitution  activity by two or more [prostitutes] PERSONS IN PROSTITU-
   35  TION, or a business that sells travel-related services knowing that such
   36  services include or are intended to facilitate travel for the purpose of
   37  patronizing a [prostitute]  PERSON  FOR  PROSTITUTION,  including  to  a
   38  foreign  jurisdiction  and regardless of the legality of prostitution in
   39  said foreign jurisdiction; or
   40    2. PROFITS FROM PROSTITUTION BY ENGAGING, EITHER ALONE OR  IN  ASSOCI-
   41  ATION  WITH OTHERS, IN A BUSINESS OR ENTERPRISE CONSISTING OF THE TRANS-
   42  PORTING OF A PERSON OR PERSONS FOR THE PURPOSES OF PROSTITUTION; OR
   43    3. Advances or profits from prostitution of a person less  than  nine-
   44  teen years old.
   45    S  18.  The  opening  paragraph of section 230.30 of the penal law, as
   46  amended by chapter 627 of the laws  of  1978,  is  amended  to  read  as
   47  follows:
   48    A person is guilty of promoting prostitution in the second degree when
   49  he OR SHE knowingly:
   50    S  19. The first undesignated paragraph of section 230.32 of the penal
   51  law, as added by chapter 627 of the laws of 1978, is amended to read  as
   52  follows:
   53    A  person is guilty of promoting prostitution in the first degree when
   54  he OR SHE knowingly advances or profits from prostitution  of  a  person
   55  less than [eleven] THIRTEEN years old.
       S. 2135--A                          6
    1    S  20. Section 230.33 of the penal law, as added by chapter 450 of the
    2  laws of 2005, is amended to read as follows:
    3  S 230.33 Compelling prostitution.
    4    A  person  is guilty of compelling prostitution when, being twenty-one
    5  years [of age or older] OLD OR MORE, he or she knowingly advances  pros-
    6  titution  by compelling a person less than [sixteen] EIGHTEEN years old,
    7  by force or intimidation, to engage in prostitution.
    8    Compelling prostitution is a class B felony.
    9    S 21. Subdivision 1 and paragraph (h)  of  subdivision  5  of  section
   10  230.34 of the penal law, as added by chapter 74 of the laws of 2007, are
   11  amended and a new subdivision 6 is added to read as follows:
   12    1.  unlawfully providing to a person who is patronized, with intent to
   13  impair said person's judgment: (a) a narcotic drug or a narcotic  prepa-
   14  ration;  (b) concentrated cannabis as defined in paragraph (a) of subdi-
   15  vision four of section thirty-three hundred two  of  the  public  health
   16  law; (c) methadone; [or] (d) gamma-hydroxybutyrate (GHB) or flunitrazep-
   17  an, also known as Rohypnol; OR (E) METHYLENEDIOXYMETHAMPHETAMINE (MDMA),
   18  ALSO KNOWN AS ECSTASY;
   19    (h) perform any other act which would not in itself materially benefit
   20  the  actor  but which is calculated to harm the person who is patronized
   21  materially with respect to his or her  health,  safety,  or  immigration
   22  status[.]; OR
   23    6.  KNOWINGLY  ADVANCING  PROSTITUTION  OF A PERSON LESS THAN EIGHTEEN
   24  YEARS OLD.
   25    S 22. Section 230.35 of the penal law, as amended by  chapter  450  of
   26  the laws of 2005, is amended to read as follows:
   27  S 230.35 Promoting or compelling prostitution; accomplice.
   28    In  a  prosecution  for promoting prostitution or compelling prostitu-
   29  tion, a person less than [seventeen] EIGHTEEN years [of  age]  OLD  from
   30  whose  prostitution  activity another person is alleged to have advanced
   31  or attempted to advance or profited or attempted to profit shall not  be
   32  deemed to be an accomplice.
   33    S  23. The first undesignated paragraph of section 230.40 of the penal
   34  law is amended to read as follows:
   35    A person is guilty of permitting prostitution when, having  possession
   36  or  control  of premises OR VEHICLE which he OR SHE knows are being used
   37  for prostitution purposes OR FOR THE PURPOSE OF ADVANCING  PROSTITUTION,
   38  he OR SHE fails to make reasonable effort to halt or abate such use.
   39    S  24.  Subdivision  2 of section 240.37 of the penal law, as added by
   40  chapter 344 of the laws of 1976, is amended, subdivision 3 is renumbered
   41  subdivision 4 and a new subdivision 3 is added to read as follows:
   42    2. Any person who remains or wanders  about  in  a  public  place  and
   43  repeatedly  beckons  to,  or repeatedly stops, or repeatedly attempts to
   44  stop, or repeatedly attempts to engage passers-by  in  conversation,  or
   45  repeatedly  stops  or  attempts  to  stop  motor vehicles, or repeatedly
   46  interferes with the free passage of other persons, for  the  purpose  of
   47  prostitution[,  or  of  patronizing  a prostitute as those terms are] AS
   48  THAT TERM IS defined in article two hundred thirty of  [the  penal  law]
   49  THIS  PART,  shall  be  guilty of a violation and is guilty of a class B
   50  misdemeanor if such person has previously been convicted of a  violation
   51  of  this  section  or  of  [sections] SECTION 230.00 [or 230.05] of [the
   52  penal law] THIS PART.
   53    3. ANY PERSON WHO REMAINS OR WANDERS  ABOUT  IN  A  PUBLIC  PLACE  AND
   54  REPEATEDLY  BECKONS  TO,  OR REPEATEDLY STOPS, OR REPEATEDLY ATTEMPTS TO
   55  STOP, OR REPEATEDLY ATTEMPTS TO ENGAGE PASSERS-BY  IN  CONVERSATION,  OR
   56  REPEATEDLY  STOPS  OR  ATTEMPTS  TO  STOP  MOTOR VEHICLES, OR REPEATEDLY
       S. 2135--A                          7
    1  INTERFERES WITH THE FREE PASSAGE OF OTHER PERSONS, FOR  THE  PURPOSE  OF
    2  PATRONIZING  A  PERSON  FOR PROSTITUTION AS DEFINED IN SECTION 230.02 OF
    3  THIS PART, SHALL BE GUILTY OF A VIOLATION AND IS GUILTY  OF  A  CLASS  B
    4  MISDEMEANOR  IF SUCH PERSON HAS PREVIOUSLY BEEN CONVICTED OF A VIOLATION
    5  OF THIS SECTION OR OF SECTION 230.04, 230.05, 230.06 OR 230.08  OF  THIS
    6  PART.
    7    S  25.  Subdivision 6 of section 380.50 of the criminal procedure law,
    8  as amended by chapter 320 of the laws of 2006, is  amended  to  read  as
    9  follows:
   10    6.  Regardless of whether the victim requests to make a statement with
   11  regard to the defendant's sentence, where the defendant is sentenced for
   12  a violent felony offense as defined in section 70.02 of the penal law or
   13  a felony defined in article one hundred twenty-five of such law  or  any
   14  of  the  following  provisions  of  such  law:  sections 130.25, 130.30,
   15  130.40, 130.45, 255.25, 255.26, 255.27, article two hundred sixty-three,
   16  135.10, 135.25, 230.04, 230.05, 230.06, 230.08, 230.11, 230.12,  230.13,
   17  subdivision two of section 230.30 or 230.32, the prosecutor shall, with-
   18  in  sixty  days of the imposition of sentence, provide the victim with a
   19  form on which the victim may indicate a demand to  be  informed  of  any
   20  petition  to  change  the  name of such defendant.   Such forms shall be
   21  maintained by such prosecutor. Upon receipt of a notice of a petition to
   22  change the name of any such defendant, pursuant to  subdivision  two  of
   23  section sixty-two of the civil rights law, the prosecutor shall promptly
   24  notify  the  victim  at  the  most  current  address or telephone number
   25  provided by such victim in the most reasonable  and  expedient  possible
   26  manner  of  the  time  and  place such petition will be presented to the
   27  court.
   28    S 26. The opening paragraph of  paragraph  (i)  of  subdivision  1  of
   29  section 440.10 of the criminal procedure law, as added by chapter 332 of
   30  the laws of 2010, is amended to read as follows:
   31    The  judgment  is  a  conviction  where the arresting charge was under
   32  section 240.37 (loitering for the purpose of engaging in a  prostitution
   33  offense, provided that the defendant was not alleged to be loitering for
   34  the  purpose  of  patronizing  a [prostitute] PERSON FOR PROSTITUTION or
   35  promoting prostitution) or 230.00 (prostitution) of the penal  law,  and
   36  the defendant's participation in the offense was a result of having been
   37  a  victim  of  sex  trafficking under section 230.34 of the penal law or
   38  trafficking in persons under  the  Trafficking  Victims  Protection  Act
   39  (United States Code, title 22, chapter 78); provided that
   40    S  27.  Paragraph (h) of subdivision 8 of section 700.05 of the crimi-
   41  nal procedure law, as amended by chapter 154 of the  laws  of  1990,  is
   42  amended to read as follows:
   43    (h)  Promoting prostitution in the first degree, as defined in section
   44  230.32 of the penal law, promoting prostitution in the second degree, as
   45  defined by subdivision one of section 230.30 of the penal law, PROMOTING
   46  PROSTITUTION IN THE THIRD DEGREE, AS DEFINED IN SECTION  230.25  OF  THE
   47  PENAL LAW;
   48    S 28. Subdivision (a) of section 483-cc of the social services law, as
   49  added by chapter 74 of the laws of 2007, is amended to read as follows:
   50    (a)  As  soon as practicable after a first encounter with a person who
   51  reasonably appears to a law enforcement agency [or a],  district  attor-
   52  ney's  office,  OR  AN  ESTABLISHED PROVIDER OF SOCIAL OR LEGAL SERVICES
   53  DESIGNATED BY THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE  OR  THE
   54  OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE to be a human trafficking
   55  victim,  that agency [or], office OR PROVIDER shall notify the office of
   56  temporary and disability assistance and the division of criminal justice
       S. 2135--A                          8
    1  services that such person may be eligible for services under this  arti-
    2  cle.
    3    S  29.  Subdivision (p) of section 10.03 of the mental hygiene law, as
    4  added by chapter 7 of the laws of 2007, is amended to read as follows:
    5    (p) "Sex offense" means an act or acts constituting:  (1)  any  felony
    6  defined  in  article  one  hundred  thirty of the penal law, including a
    7  sexually motivated felony; (2) patronizing  a  [prostitute]  PERSON  FOR
    8  PROSTITUTION  in  the  first  degree as defined in section 230.06 of the
    9  penal law, AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE  FIRST
   10  DEGREE AS DEFINED IN SECTION 230.13 OF THE PENAL LAW, AGGRAVATED PATRON-
   11  IZING  A  MINOR  FOR  PROSTITUTION  IN  THE  SECOND DEGREE AS DEFINED IN
   12  SECTION 230.12 OF THE PENAL LAW,  AGGRAVATED  PATRONIZING  A  MINOR  FOR
   13  PROSTITUTION  IN  THE  THIRD  DEGREE AS DEFINED IN SECTION 230.11 OF THE
   14  PENAL LAW, incest in the second degree as defined in section  255.26  of
   15  the  penal  law,  or  incest  in  the first degree as defined in section
   16  255.27 of the penal law; (3) a felony attempt or  conspiracy  to  commit
   17  any  of  the  foregoing offenses set forth in this subdivision; or (4) a
   18  designated felony, as defined in subdivision (f)  of  this  section,  if
   19  sexually  motivated  and  committed  prior to the effective date of this
   20  article.
   21    S 30. Subparagraph (i) of paragraph (a) of subdivision  2  of  section
   22  168-a  of  the  correction law, as amended by chapter 405 of the laws of
   23  2008, is amended to read as follows:
   24    (i) a conviction of or a conviction for an attempt to  commit  any  of
   25  the  provisions  of  sections  120.70,  130.20,  130.25, 130.30, 130.40,
   26  130.45, 130.60, 230.34, 250.50, 255.25, 255.26 and 255.27 or article two
   27  hundred sixty-three of the penal law, or section 135.05, 135.10,  135.20
   28  or  135.25  of  such  law  relating to kidnapping offenses, provided the
   29  victim of such kidnapping or related  offense  is  less  than  seventeen
   30  years  old  and the offender is not the parent of the victim, or section
   31  230.04, [where the person patronized is  in  fact  less  than  seventeen
   32  years of age,] 230.05 [or], 230.06, 230.08, [or] 230.11, 230.12, 230.13,
   33  subdivision  two of section 230.30, [or] section 230.32 [or], 230.33, OR
   34  230.34 of the penal law, OR SECTION 230.25 OF THE PENAL  LAW  WHERE  THE
   35  PERSON PROSTITUTED IS IN FACT LESS THAN SEVENTEEN YEARS OLD, or
   36    S  31.  Paragraph  (b)  of  subdivision  1  of  section  168-d  of the
   37  correction law, as amended by chapter 74 of the laws of 2007, is amended
   38  to read as follows:
   39    (b) Where a defendant stands convicted of an offense defined in  para-
   40  graph  (b)  of  subdivision  two of section one hundred sixty-eight-a of
   41  this article or where the  defendant  was  convicted  of  patronizing  a
   42  [prostitute]  PERSON  FOR PROSTITUTION in the third degree under section
   43  230.04 of the penal law OR OF PATRONIZING A PERSON FOR  PROSTITUTION  IN
   44  THE SECOND DEGREE UNDER SECTION 230.05 OF THE PENAL LAW, OR OF PATRONIZ-
   45  ING  A  PERSON FOR PROSTITUTION IN THE FIRST DEGREE UNDER SECTION 230.06
   46  OF THE PENAL LAW, OR OF PATRONIZING  A  PERSON  FOR  PROSTITUTION  IN  A
   47  SCHOOL  ZONE  UNDER  SECTION  230.08  OF THE PENAL LAW, OR OF AGGRAVATED
   48  PATRONIZING A MINOR FOR PROSTITUTION IN THE FIRST DEGREE AS  DEFINED  IN
   49  SECTION  230.13  OF  THE PENAL LAW, OR OF AGGRAVATED PATRONIZING A MINOR
   50  FOR PROSTITUTION IN THE SECOND DEGREE AS DEFINED IN  SECTION  230.12  OF
   51  THE  PENAL LAW, OR OF AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN
   52  THE THIRD DEGREE AS DEFINED IN SECTION 230.11 OF THE PENAL LAW, and  the
   53  defendant  controverts an allegation that the victim of such offense was
   54  less than eighteen years [of age or, in the case of a  conviction  under
   55  section  230.04 of the penal law, less than seventeen years of age] OLD,
   56  the court, without a jury, shall, prior to sentencing, conduct  a  hear-
       S. 2135--A                          9
    1  ing,  and the people may prove by clear and convincing evidence that the
    2  victim was less than eighteen years [of age] OLD or less than  seventeen
    3  years  [of age] OLD, as applicable, by any evidence admissible under the
    4  rules applicable to a trial of the issue of guilt. The court in addition
    5  to  such admissible evidence may also consider reliable hearsay evidence
    6  submitted by either party provided that it is relevant to  the  determi-
    7  nation  of the age of the victim. Facts concerning the age of the victim
    8  proven at trial or ascertained at the time of entry of a plea of  guilty
    9  shall  be  deemed established by clear and convincing evidence and shall
   10  not be relitigated. At the conclusion of the hearing, or if the  defend-
   11  ant does not controvert an allegation that the victim of the offense was
   12  less  than  eighteen years [of age] OLD or less than seventeen years [of
   13  age] OLD, as applicable, the court must make  a  finding  and  enter  an
   14  order  setting  forth the age of the victim. If the court finds that the
   15  victim of such offense was under eighteen years [of age]  OLD  or  under
   16  seventeen years [of age] OLD, as applicable, the court shall certify the
   17  defendant  as  a  sex  offender, the provisions of paragraph (a) of this
   18  subdivision shall apply and the defendant shall register with the  divi-
   19  sion in accordance with the provisions of this article.
   20    S  32. Paragraph (c) of subdivision 4 of section 509-cc of the vehicle
   21  and traffic law, as amended by chapter 400  of  the  laws  of  2011,  is
   22  amended to read as follows:
   23    (c)  The  offenses referred to in subparagraph (i) of paragraph (b) of
   24  subdivision one and subparagraph (i) of paragraph (c) of subdivision two
   25  of this section that result in disqualification for  a  period  of  five
   26  years  shall include a conviction under sections 100.10, 105.13, 115.05,
   27  120.03,  120.04,  120.04-a,  120.05,  120.10,  120.25,  121.12,  121.13,
   28  125.40,  125.45, 130.20, 130.25, 130.52, 130.55, 135.10, 135.55, 140.17,
   29  140.25, 140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06,  220.09,
   30  220.16,  220.31, 220.34, 220.60, 220.65, 221.30, 221.50, 221.55, 230.00,
   31  230.04, 230.05, 230.06, 230.08, 230.11, 230.12, 230.13, 230.19,  230.20,
   32  235.05,  235.06, 235.07, 235.21, 240.06, 245.00, 260.10, subdivision two
   33  of section 260.20 and sections 260.25, 265.02, 265.03,  265.08,  265.09,
   34  265.10,  265.12,  265.35 of the penal law or an attempt to commit any of
   35  the aforesaid offenses under section 110.00 of the  penal  law,  or  any
   36  similar  offenses  committed under a former section of the penal law, or
   37  any offenses committed under a former section of  the  penal  law  which
   38  would  constitute violations of the aforesaid sections of the penal law,
   39  or any offenses committed outside  this  state  which  would  constitute
   40  violations of the aforesaid sections of the penal law.
   41    S  33.  Section 2324-a of the public health law, as amended by chapter
   42  260 of the laws of 1978, is amended to read as follows:
   43    S 2324-a. Presumptive evidence.  For the purposes of this  title,  two
   44  or more convictions of any person or persons had, within a period of one
   45  year,  for  any  of  the  offenses  described in section 230.00, 230.04,
   46  230.05, 230.06, 230.08, 230.11, 230.12,  230.13,  230.20,  230.25  [or],
   47  230.30  OR  230.32 of the penal law arising out of conduct engaged in at
   48  the same real property consisting of a dwelling as that term is  defined
   49  in  subdivision  four of section four of the multiple dwelling law shall
   50  be presumptive evidence of conduct constituting use of the premises  for
   51  purposes of prostitution.
   52    S  34.  Subdivision  2 of section 715 of the real property actions and
   53  proceedings law, as added by chapter 494 of the laws of 1976, is amended
   54  to read as follows:
   55    2. For purposes of this section, two or more convictions of any person
   56  or persons had, within a period of one year, for  any  of  the  offenses
       S. 2135--A                         10
    1  described  in  section  230.00,  230.04, 230.05, 230.06, 230.08, 230.11,
    2  230.12, 230.13, 230.20, 230.25, 230.30, 230.32 or 230.40  of  the  penal
    3  law arising out of conduct engaged in at the same real property consist-
    4  ing of a dwelling as that term is defined in subdivision four of section
    5  four  of  the  multiple  dwelling  law  shall be presumptive evidence of
    6  conduct constituting use of the premises for purposes of prostitution.
    7    S 35. Subdivision 3 of section  231  of  the  real  property  law,  as
    8  amended  by  chapter  203  of  the  laws  of 1980, is amended to read as
    9  follows:
   10    3. For the purposes of this section, two or more  convictions  of  any
   11  person  or  persons  had,  within  a  period of one year, for any of the
   12  offenses described in section 230.00, 230.04,  230.05,  230.06,  230.08,
   13  230.11,  230.12, 230.13, 230.20, 230.25, 230.30, 230.32 or 230.40 of the
   14  penal law arising out  of  conduct  engaged  in  at  the  same  premises
   15  consisting  of a dwelling as that term is defined in subdivision four of
   16  section four of the multiple dwelling law shall be presumptive  evidence
   17  of  unlawful  use  of  such  premises and of the owners knowledge of the
   18  same.
   19    S 36. This act shall take effect on the ninetieth day after  it  shall
   20  have become a law.