S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2135
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   January 11, 2013
                                      ___________
       Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
         printed to be committed to the Committee on Codes
       AN ACT to amend the penal law, the criminal procedure  law,  the  social
         services  law, the mental hygiene law, the correction law, the vehicle
         and traffic law, the public health law, the real property actions  and
         proceedings law and the real property law, in relation to prostitution
         offenses; and to repeal section 230.07 of the penal law relating ther-
         eto
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1.  Short title. This act shall be known and may be  cited  as
    2  the "trafficking victims protection and justice act".
    3    S 2. Section 60.13 of the penal law, as added by chapter 7 of the laws
    4  of 2007, is amended to read as follows:
    5  S 60.13 Authorized dispositions; felony sex offenses.
    6    When  a  person  is  to  be sentenced upon a conviction for any felony
    7  defined in article one hundred thirty of this chapter, including a sexu-
    8  ally motivated felony, or patronizing a [prostitute] PERSON FOR  PROSTI-
    9  TUTION in the first degree as defined in section 230.06 of this chapter,
   10  AGGRAVATED  PATRONIZING  A MINOR FOR PROSTITUTION IN THE THIRD DEGREE AS
   11  DEFINED IN SECTION 230.11 OF  THIS  CHAPTER,  AGGRAVATED  PATRONIZING  A
   12  MINOR FOR PROSTITUTION IN THE SECOND DEGREE AS DEFINED IN SECTION 230.12
   13  OF  THIS CHAPTER, AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE
   14  FIRST DEGREE AS DEFINED IN SECTION 230.13 OF THIS CHAPTER, incest in the
   15  second degree as defined in section 255.26 of this chapter, or incest in
   16  the first degree as defined in section 255.27  of  this  chapter,  or  a
   17  felony  attempt  or  conspiracy to commit any of these crimes, the court
   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.
                                                                  LBD03210-01-3
       S. 2135                             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 THREE OF
   55  SECTION 240.37 OF THIS PART, IT  IS  AN  AFFIRMATIVE  DEFENSE  THAT  THE
   56  DEFENDANT'S  PARTICIPATION  IN THE OFFENSE WAS A RESULT OF HAVING BEEN A
       S. 2135                             3
    1  VICTIM OF SEX TRAFFICKING UNDER SECTION 230.34  OF  THIS  ARTICLE  OR  A
    2  VICTIM   OF   TRAFFICKING  IN  PERSONS  UNDER  THE  TRAFFICKING  VICTIMS
    3  PROTECTION ACT (UNITED STATES 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. Section 230.07 of the penal law is REPEALED  and  a  new  section
   28  230.08 is added to read 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                             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  EIGHTEEN 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, BEING EIGHTEEN
   50  YEARS OLD OR MORE, HE OR SHE PATRONIZES A PERSON  FOR  PROSTITUTION  AND
   51  THE  PERSON  PATRONIZED  IS LESS THAN THIRTEEN YEARS OLD, AND THE PERSON
   52  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                             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                             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)  MARIJUANA OR concentrated cannabis as defined in paragraph
   15  (a) of subdivision four of  section  thirty-three  hundred  two  of  the
   16  public  health  law; (c) methadone; [or] (d) gamma-hydroxybutyrate (GHB)
   17  or flunitrazepan, also known as  Rohypnol;  OR  (E)  METHYLENEDIOXYMETH-
   18  AMPHETAMINE (MDMA), 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                             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. The section heading of section 170.15 of the criminal procedure
    8  law, as amended by chapter 661 of the laws of 1972, is amended and a new
    9  subdivision 5 is added to read as follows:
   10    Removal of action from [one local] criminal court to another COURT.
   11    5. (A) WHEN A DEFENDANT WHO  IS  LESS  THAN  EIGHTEEN  YEARS  OLD  AND
   12  ALLEGED TO HAVE ENGAGED IN ANY ACT DEFINED IN SECTION 230.00 OR SUBDIVI-
   13  SION  TWO  OF SECTION 240.37 OF THE PENAL LAW IS BROUGHT FOR ARRAIGNMENT
   14  UPON AN INFORMATION, SIMPLIFIED  INFORMATION  OR  MISDEMEANOR  COMPLAINT
   15  CHARGING SUCH OFFENSE, THE COURT MUST ORDER THE ACTION REMOVED TO FAMILY
   16  COURT  FOR  FURTHER  PROCEEDINGS IN ACCORDANCE WITH ARTICLE SEVEN OF THE
   17  FAMILY COURT ACT. THE ORDER OF REMOVAL  MUST  DIRECT  THAT  ALL  OF  THE
   18  PLEADINGS  AND  PROCEEDINGS  IN  THE  ACTION, OR A CERTIFIED COPY OF THE
   19  SAME, BE TRANSFERRED TO THE DESIGNATED FAMILY COURT AND BE DELIVERED  TO
   20  AND  FILED  WITH  THE  CLERK  OF THAT COURT. THE PROCEDURES SET FORTH IN
   21  SECTIONS 725.10, 725.15 AND 725.20 OF  THIS  CHAPTER  FOR  TRANSFER  AND
   22  SEALING OF RECORDS SHALL APPLY TO THIS PROVISION WHENEVER APPLICABLE.
   23    (B)  THE  COURT  MUST  INFORM  THE  DEFENDANT  OF  THE AVAILABILITY OF
   24  SERVICES UNDER SECTION 447-B OF THE SOCIAL SERVICES LAW.
   25    S 26. Subdivision 6 of section 380.50 of the criminal  procedure  law,
   26  as  amended  by  chapter  320 of the laws of 2006, is amended to read as
   27  follows:
   28    6. Regardless of whether the victim requests to make a statement  with
   29  regard to the defendant's sentence, where the defendant is sentenced for
   30  a violent felony offense as defined in section 70.02 of the penal law or
   31  a  felony  defined in article one hundred twenty-five of such law or any
   32  of the following  provisions  of  such  law:  sections  130.25,  130.30,
   33  130.40, 130.45, 255.25, 255.26, 255.27, article two hundred sixty-three,
   34  135.10,  135.25, 230.04, 230.05, 230.06, 230.08, 230.11, 230.12, 230.13,
   35  subdivision two of section 230.30 or 230.32, the prosecutor shall, with-
   36  in sixty days of the imposition of sentence, provide the victim  with  a
   37  form  on  which  the  victim may indicate a demand to be informed of any
   38  petition to change the name of such defendant.    Such  forms  shall  be
   39  maintained by such prosecutor. Upon receipt of a notice of a petition to
   40  change  the  name  of any such defendant, pursuant to subdivision two of
   41  section sixty-two of the civil rights law, the prosecutor shall promptly
   42  notify the victim at  the  most  current  address  or  telephone  number
   43  provided  by  such  victim in the most reasonable and expedient possible
   44  manner of the time and place such petition  will  be  presented  to  the
   45  court.
   46    S  27.  The  opening  paragraph  of  paragraph (i) of subdivision 1 of
   47  section 440.10 of the criminal procedure law, as added by chapter 332 of
   48  the laws of 2010, is amended to read as follows:
   49    The judgment is a conviction where  the  arresting  charge  was  under
   50  section  240.37 (loitering for the purpose of engaging in a prostitution
   51  offense, provided that the defendant was not alleged to be loitering for
   52  the purpose of patronizing a [prostitute]  PERSON  FOR  PROSTITUTION  or
   53  promoting  prostitution)  or 230.00 (prostitution) of the penal law, and
   54  the defendant's participation in the offense was a result of having been
   55  a victim of sex trafficking under section 230.34 of  the  penal  law  or
       S. 2135                             8
    1  trafficking  in  persons  under  the  Trafficking Victims Protection Act
    2  (United States Code, title 22, chapter 78); provided that
    3    S  28.  Paragraph (h) of subdivision 8 of section 700.05 of the crimi-
    4  nal procedure law, as amended by chapter 154 of the  laws  of  1990,  is
    5  amended to read as follows:
    6    (h)  Promoting prostitution in the first degree, as defined in section
    7  230.32 of the penal law, promoting prostitution in the second degree, as
    8  defined by subdivision one of section 230.30 of the penal law, PROMOTING
    9  PROSTITUTION IN THE THIRD DEGREE, AS DEFINED IN SECTION  230.25  OF  THE
   10  PENAL LAW;
   11    S 29. Subdivision (a) of section 483-cc of the social services law, as
   12  added by chapter 74 of the laws of 2007, is amended to read as follows:
   13    (a)  As  soon as practicable after a first encounter with a person who
   14  reasonably appears to a law enforcement agency [or a],  district  attor-
   15  ney's  office,  OR  AN  ESTABLISHED PROVIDER OF SOCIAL OR LEGAL SERVICES
   16  DESIGNATED BY THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE  OR  THE
   17  OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE to be a human trafficking
   18  victim,  that agency [or], office OR PROVIDER shall notify the office of
   19  temporary and disability assistance and the division of criminal justice
   20  services that such person may be eligible for services under this  arti-
   21  cle.
   22    S  30.  Subdivision (p) of section 10.03 of the mental hygiene law, as
   23  added by chapter 7 of the laws of 2007, is amended to read as follows:
   24    (p) "Sex offense" means an act or acts constituting:  (1)  any  felony
   25  defined  in  article  one  hundred  thirty of the penal law, including a
   26  sexually motivated felony; (2) patronizing  a  [prostitute]  PERSON  FOR
   27  PROSTITUTION  in  the  first  degree as defined in section 230.06 of the
   28  penal law, AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE  FIRST
   29  DEGREE AS DEFINED IN SECTION 230.13 OF THE PENAL LAW, AGGRAVATED PATRON-
   30  IZING  A  MINOR  FOR  PROSTITUTION  IN  THE  SECOND DEGREE AS DEFINED IN
   31  SECTION 230.12 OF THE PENAL LAW,  AGGRAVATED  PATRONIZING  A  MINOR  FOR
   32  PROSTITUTION  IN  THE  THIRD  DEGREE AS DEFINED IN SECTION 230.11 OF THE
   33  PENAL LAW, incest in the second degree as defined in section  255.26  of
   34  the  penal  law,  or  incest  in  the first degree as defined in section
   35  255.27 of the penal law; (3) a felony attempt or  conspiracy  to  commit
   36  any  of  the  foregoing offenses set forth in this subdivision; or (4) a
   37  designated felony, as defined in subdivision (f)  of  this  section,  if
   38  sexually  motivated  and  committed  prior to the effective date of this
   39  article.
   40    S 31. Subparagraph (i) of paragraph (a) of subdivision  2  of  section
   41  168-a  of  the  correction law, as amended by chapter 405 of the laws of
   42  2008, is amended to read as follows:
   43    (i) a conviction of or a conviction for an attempt to  commit  any  of
   44  the  provisions  of  sections  120.70,  130.20,  130.25, 130.30, 130.40,
   45  130.45, 130.60, 230.34, 250.50, 255.25, 255.26 and 255.27 or article two
   46  hundred sixty-three of the penal law, or section 135.05, 135.10,  135.20
   47  or  135.25  of  such  law  relating to kidnapping offenses, provided the
   48  victim of such kidnapping or related  offense  is  less  than  seventeen
   49  years  old  and the offender is not the parent of the victim, or section
   50  230.04, [where the person patronized is  in  fact  less  than  seventeen
   51  years of age,] 230.05 [or], 230.06, 230.08, [or] 230.11, 230.12, 230.13,
   52  subdivision  two of section 230.30, [or] section 230.32 [or], 230.33, OR
   53  230.34 of the penal law, OR SECTION 230.25 OF THE PENAL  LAW  WHERE  THE
   54  PERSON PROSTITUTED IS IN FACT LESS THAN SEVENTEEN YEARS OLD, or
       S. 2135                             9
    1    S  32.  Paragraph  (b)  of  subdivision  1  of  section  168-d  of the
    2  correction law, as amended by chapter 74 of the laws of 2007, is amended
    3  to read as follows:
    4    (b)  Where a defendant stands convicted of an offense defined in para-
    5  graph (b) of subdivision two of section  one  hundred  sixty-eight-a  of
    6  this  article  or  where  the  defendant  was convicted of patronizing a
    7  [prostitute] PERSON FOR PROSTITUTION in the third degree  under  section
    8  230.04  of  the penal law OR OF PATRONIZING A PERSON FOR PROSTITUTION IN
    9  THE SECOND DEGREE UNDER SECTION 230.05 OF THE PENAL LAW, OR OF PATRONIZ-
   10  ING A PERSON FOR PROSTITUTION IN THE FIRST DEGREE UNDER  SECTION  230.06
   11  OF  THE  PENAL  LAW,  OR  OF  PATRONIZING A PERSON FOR PROSTITUTION IN A
   12  SCHOOL ZONE UNDER SECTION 230.08 OF THE  PENAL  LAW,  OR  OF  AGGRAVATED
   13  PATRONIZING  A  MINOR FOR PROSTITUTION IN THE FIRST DEGREE AS DEFINED IN
   14  SECTION 230.13 OF THE PENAL LAW, OR OF AGGRAVATED  PATRONIZING  A  MINOR
   15  FOR  PROSTITUTION  IN  THE SECOND DEGREE AS DEFINED IN SECTION 230.12 OF
   16  THE PENAL LAW, OR OF AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION  IN
   17  THE  THIRD DEGREE AS DEFINED IN SECTION 230.11 OF THE PENAL LAW, and the
   18  defendant controverts an allegation that the victim of such offense  was
   19  less  than  eighteen years [of age or, in the case of a conviction under
   20  section 230.04 of the penal law, less than seventeen years of age]  OLD,
   21  the  court,  without a jury, shall, prior to sentencing, conduct a hear-
   22  ing, and the people may prove by clear and convincing evidence that  the
   23  victim  was less than eighteen years [of age] OLD or less than seventeen
   24  years [of age] OLD, as applicable, by any evidence admissible under  the
   25  rules applicable to a trial of the issue of guilt. The court in addition
   26  to  such admissible evidence may also consider reliable hearsay evidence
   27  submitted by either party provided that it is relevant to  the  determi-
   28  nation  of the age of the victim. Facts concerning the age of the victim
   29  proven at trial or ascertained at the time of entry of a plea of  guilty
   30  shall  be  deemed established by clear and convincing evidence and shall
   31  not be relitigated. At the conclusion of the hearing, or if the  defend-
   32  ant does not controvert an allegation that the victim of the offense was
   33  less  than  eighteen years [of age] OLD or less than seventeen years [of
   34  age] OLD, as applicable, the court must make  a  finding  and  enter  an
   35  order  setting  forth the age of the victim. If the court finds that the
   36  victim of such offense was under eighteen years [of age]  OLD  or  under
   37  seventeen years [of age] OLD, as applicable, the court shall certify the
   38  defendant  as  a  sex  offender, the provisions of paragraph (a) of this
   39  subdivision shall apply and the defendant shall register with the  divi-
   40  sion in accordance with the provisions of this article.
   41    S  33. Paragraph (c) of subdivision 4 of section 509-cc of the vehicle
   42  and traffic law, as amended by chapter 400  of  the  laws  of  2011,  is
   43  amended to read as follows:
   44    (c)  The  offenses referred to in subparagraph (i) of paragraph (b) of
   45  subdivision one and subparagraph (i) of paragraph (c) of subdivision two
   46  of this section that result in disqualification for  a  period  of  five
   47  years  shall include a conviction under sections 100.10, 105.13, 115.05,
   48  120.03,  120.04,  120.04-a,  120.05,  120.10,  120.25,  121.12,  121.13,
   49  125.40,  125.45, 130.20, 130.25, 130.52, 130.55, 135.10, 135.55, 140.17,
   50  140.25, 140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06,  220.09,
   51  220.16,  220.31, 220.34, 220.60, 220.65, 221.30, 221.50, 221.55, 230.00,
   52  230.04, 230.05, 230.06, 230.08, 230.11, 230.12, 230.13, 230.19,  230.20,
   53  235.05,  235.06, 235.07, 235.21, 240.06, 245.00, 260.10, subdivision two
   54  of section 260.20 and sections 260.25, 265.02, 265.03,  265.08,  265.09,
   55  265.10,  265.12,  265.35 of the penal law or an attempt to commit any of
   56  the aforesaid offenses under section 110.00 of the  penal  law,  or  any
       S. 2135                            10
    1  similar  offenses  committed under a former section of the penal law, or
    2  any offenses committed under a former section of  the  penal  law  which
    3  would  constitute violations of the aforesaid sections of the penal law,
    4  or  any  offenses  committed  outside  this state which would constitute
    5  violations of the aforesaid sections of the penal law.
    6    S 34. Section 2324-a of the public health law, as amended  by  chapter
    7  260 of the laws of 1978, is amended to read as follows:
    8    S  2324-a.  Presumptive evidence.  For the purposes of this title, two
    9  or more convictions of any person or persons had, within a period of one
   10  year, for any of the  offenses  described  in  section  230.00,  230.04,
   11  230.05,  230.06,  230.08,  230.11,  230.12, 230.13, 230.20, 230.25 [or],
   12  230.30 OR 230.32 of the penal law arising out of conduct engaged  in  at
   13  the  same real property consisting of a dwelling as that term is defined
   14  in subdivision four of section four of the multiple dwelling  law  shall
   15  be  presumptive evidence of conduct constituting use of the premises for
   16  purposes of prostitution.
   17    S 35. Subdivision 2 of section 715 of the real  property  actions  and
   18  proceedings law, as added by chapter 494 of the laws of 1976, is amended
   19  to read as follows:
   20    2. For purposes of this section, two or more convictions of any person
   21  or  persons  had,  within  a period of one year, for any of the offenses
   22  described in section 230.00, 230.04,  230.05,  230.06,  230.08,  230.11,
   23  230.12,  230.13,  230.20,  230.25, 230.30, 230.32 or 230.40 of the penal
   24  law arising out of conduct engaged in at the same real property consist-
   25  ing of a dwelling as that term is defined in subdivision four of section
   26  four of the multiple dwelling  law  shall  be  presumptive  evidence  of
   27  conduct constituting use of the premises for purposes of prostitution.
   28    S  36.  Subdivision  3  of  section  231  of the real property law, as
   29  amended by chapter 203 of the laws  of  1980,  is  amended  to  read  as
   30  follows:
   31    3.  For  the  purposes of this section, two or more convictions of any
   32  person or persons had, within a period of  one  year,  for  any  of  the
   33  offenses  described  in  section 230.00, 230.04, 230.05, 230.06, 230.08,
   34  230.11, 230.12, 230.13, 230.20, 230.25, 230.30, 230.32 or 230.40 of  the
   35  penal  law  arising  out  of  conduct  engaged  in  at the same premises
   36  consisting of a dwelling as that term is defined in subdivision four  of
   37  section  four of the multiple dwelling law shall be presumptive evidence
   38  of unlawful use of such premises and of  the  owners  knowledge  of  the
   39  same.
   40    S  37.  This act shall take effect on the ninetieth day after it shall
   41  have become a law.