S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5806
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                     June 16, 2013
                                      ___________
       Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
         printed to be committed to the Committee on Rules
       AN ACT to amend the labor law, in relation to the prohibition of differ-
         ential pay because of sex (Part A); to amend  the  executive  law,  in
         relation  to  unlawful discriminatory practices (Part B); to amend the
         executive law, in relation to the  provision  of  attorney's  fees  in
         cases  of  housing,  employment or credit discrimination; to amend the
         executive law, in relation to the awarding  of  reasonable  attorney's
         fees (Part C); to amend the executive law, in relation to the unlawful
         discriminatory practice because of familial status (Part D); to direct
         the  division of housing and community renewal to review the Section 8
         Housing Choice Voucher Administrative Plan  (Part  E);  to  amend  the
         domestic  relations  law, the family court act and the criminal proce-
         dure law, in relation to the scope of orders of protection and  tempo-
         rary  orders of protection (Part F); to amend the family court act and
         the judiciary law, in relation to establishing a pilot program for the
         filing of petitions for temporary orders of protection  by  electronic
         means  and for issuance of such orders ex parte by audio-visual means;
         and to amend the executive law, in relation to review and  reports  by
         the  chief  administrator  of  the courts (Part G); 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  the  executive  law, in relation to human trafficking awareness
         and to amend the  criminal  procedure  law,  in  relation  to  persons
         charged  with  prostitution and loitering for the purpose of prostitu-
         tion (Part H); to amend the executive law, in relation  to  reasonable
         accommodation (Part I); to amend the civil service law, in relation to
         discriminatory  practices  where public employers compensate employees
         of different sexes differently for work that is  of  comparable  worth
         (Part  J);  to  amend  the workers' compensation law and the insurance
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11548-01-3
       S. 5806                             2
         law, in relation to providing six weeks of disability benefits for the
         birth, adoption or placement of a child (Part K);  to  amend  the  tax
         law,  in relation to the personal income tax credit for certain house-
         hold  and  dependent  care  services  necessary for gainful employment
         (Part L); to amend the social services law, in relation to the  treat-
         ment  of  earned  income  of a child under the age of eighteen and the
         income of an eighteen, nineteen or twenty year  old  household  member
         when  determining  the  eligibility  of  a  household for a child care
         subsidy (Part M); to amend the social services  law,  in  relation  to
         child  care  services for parents and caretakers who work a late shift
         (Part N); to direct the office of  children  and  family  services  to
         examine,  evaluate and make recommendations on the availability of day
         care for children; and providing for the  repeal  of  such  provisions
         upon expiration thereof (Part O); to amend the social services law, in
         relation  to notice of inspection report for residential and non-resi-
         dential child day care providers  (Part  P);  to  amend  the  economic
         development  law,  in  relation  to  requiring development centers and
         entrepreneurship support centers  to  track  the  success  of  program
         participants;  to  amend the labor law, in relation to self employment
         activities for the purposes of unemployment claims; and to amend chap-
         ter 413 of the laws of 2003, amending the labor law  relating  to  the
         self-employment  assistance  program and other matters, in relation to
         extending the expiration of the provisions thereof (Part Q); to  amend
         the  social  services  law,  in  relation to requiring participants in
         public assistance employment programs to complete a course  in  finan-
         cial  literacy  and  personal  finance  (Part  R); to amend the social
         services law, in relation to the composition of the  interagency  task
         force on human trafficking and their meetings; and 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 inter-
         agency  task  force on human trafficking (Part S); to amend the public
         health law, in relation to health  care  and  wellness  education  and
         outreach  programs  for  victims  of  sex offenses or victims of child
         pornography promotion (Part T); to amend the election law, in relation
         to authorizing registration records of victims of sexual  violence  to
         be  kept confidential in certain cases (Part U); to amend the domestic
         relations law and the social services law, in relation  to  visitation
         and  custody  rights of a parent convicted of sexual assault (Part V);
         to amend the penal law, in relation to  the  definition  of  the  term
         "sexual intercourse" as such term applies to sex offenses (Part W); to
         amend  the  penal  law and the correction law, in relation to enacting
         "Brittany's Law" (Part X); to amend the retirement and social security
         law, in relation to certain members who re-enter public service  (Part
         Y);  to  amend the labor law, in relation to the entitlement to unpaid
         leave of absence from employment  for  victims  of  domestic  violence
         (Part Z); to amend the executive law, in relation to including certain
         information  in  the study of minority and women-owned business enter-
         prise programs (Part AA);  establishing  the  workforce  guidance  and
         information  for  women  policy study; and providing for the repeal of
         such provisions upon expiration thereof (Part BB); to amend the social
         services law, in relation  to  notice  requirements  to  families  and
         providers  when  funding  cuts are made (Part CC); to amend the public
         health law, in relation to breast cancer research (Part DD); to  amend
         the  public  health  law, in relation to establishing a women's health
       S. 5806                             3
         website (Part EE); and to amend the tax law, in relation to establish-
         ing a personal income tax credit for the adoption of a child (Part FF)
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. This act enacts into law major  components  of  legislation
    2  relating  to  issues  deemed  necessary by the state.  Each component is
    3  wholly contained within a Part identified as Parts  A  through  FF.  The
    4  effective  date for each particular provision contained within such Part
    5  is set forth in the last section of such  Part.  Any  provision  in  any
    6  section  contained  within  a  Part, including the effective date of the
    7  Part, which makes a reference to a section "of this act", when  used  in
    8  connection  with  that particular component, shall be deemed to mean and
    9  refer to the corresponding section of the Part in  which  it  is  found.
   10  Section  four  of this act sets forth the general effective date of this
   11  act.
   12    S 2. Parts A through I of this act shall be known and may be cited  as
   13  the "Women's Equality act".
   14                                   PART A
   15    Section  1. Subdivision 1 of section 194 of the labor law, as added by
   16  chapter 548 of the laws of 1966, is amended and three  new  subdivisions
   17  2, 3 and 4 are added to read as follows:
   18    1.  No  employee  shall be paid a wage at a rate less than the rate at
   19  which an employee of the opposite sex in the same establishment is  paid
   20  for  equal  work on a job the performance of which requires equal skill,
   21  effort and responsibility, and which is performed under similar  working
   22  conditions,  except  where  payment  is  made pursuant to a differential
   23  based on:
   24    a. a seniority system;
   25    b. a merit system;
   26    c. a  system  which  measures  earnings  by  quantity  or  quality  of
   27  production; or
   28    d.  [any  other  factor  other than sex] A BONA FIDE FACTOR OTHER THAN
   29  SEX, SUCH AS EDUCATION, TRAINING, OR EXPERIENCE.  SUCH FACTOR: (I) SHALL
   30  NOT BE BASED UPON OR DERIVED FROM A SEX-BASED  DIFFERENTIAL  IN  COMPEN-
   31  SATION;  AND  (II)  SHALL BE JOB-RELATED WITH RESPECT TO THE POSITION IN
   32  QUESTION AND SHALL BE CONSISTENT WITH BUSINESS NECESSITY. SUCH EXCEPTION
   33  UNDER THIS PARAGRAPH SHALL NOT APPLY WHEN THE EMPLOYEE DEMONSTRATES  (A)
   34  THAT  AN  EMPLOYER  USES  A PARTICULAR EMPLOYMENT PRACTICE THAT CAUSES A
   35  DISPARATE IMPACT ON THE BASIS OF SEX, (B) THAT AN ALTERNATIVE EMPLOYMENT
   36  PRACTICE EXISTS THAT WOULD SERVE  THE  SAME  BUSINESS  PURPOSE  AND  NOT
   37  PRODUCE  SUCH  DIFFERENTIAL,  AND  (C)  THAT THE EMPLOYER HAS REFUSED TO
   38  ADOPT SUCH ALTERNATIVE PRACTICE.
   39    2. FOR THE PURPOSE OF  SUBDIVISION  ONE  OF  THIS  SECTION,  "BUSINESS
   40  NECESSITY"  SHALL BE DEFINED AS A FACTOR THAT BEARS A MANIFEST RELATION-
   41  SHIP TO THE EMPLOYMENT IN QUESTION.
   42    3. FOR THE PURPOSES OF SUBDIVISION  ONE  OF  THIS  SECTION,  EMPLOYEES
   43  SHALL  BE DEEMED TO WORK IN THE SAME ESTABLISHMENT IF THE EMPLOYEES WORK
   44  FOR THE SAME EMPLOYER AT WORKPLACES LOCATED  IN  THE  SAME  GEOGRAPHICAL
   45  REGION, NO LARGER THAN A COUNTY, TAKING INTO ACCOUNT POPULATION DISTRIB-
   46  UTION, ECONOMIC ACTIVITY, AND/OR THE PRESENCE OF MUNICIPALITIES.
       S. 5806                             4
    1    4.  (A)  NO  EMPLOYER SHALL PROHIBIT AN EMPLOYEE FROM INQUIRING ABOUT,
    2  DISCUSSING, OR DISCLOSING THE WAGES OF SUCH EMPLOYEE OR ANOTHER  EMPLOY-
    3  EE.
    4    (B)  AN  EMPLOYER  MAY, IN A WRITTEN POLICY PROVIDED TO ALL EMPLOYEES,
    5  ESTABLISH REASONABLE WORKPLACE AND  WORKDAY  LIMITATIONS  ON  THE  TIME,
    6  PLACE AND MANNER FOR INQUIRES ABOUT, DISCUSSION OF, OR THE DISCLOSURE OF
    7  WAGES.  SUCH  LIMITATIONS SHALL BE CONSISTENT WITH STANDARDS PROMULGATED
    8  BY THE COMMISSIONER AND SHALL BE CONSISTENT WITH  ALL  OTHER  STATE  AND
    9  FEDERAL  LAWS. SUCH LIMITATIONS MAY INCLUDE PROHIBITING AN EMPLOYEE FROM
   10  DISCUSSING OR DISCLOSING THE WAGES  OF  ANOTHER  EMPLOYEE  WITHOUT  SUCH
   11  EMPLOYEE'S PRIOR PERMISSION.
   12    (C)  NOTHING IN THIS SUBDIVISION SHALL REQUIRE AN EMPLOYEE TO DISCLOSE
   13  HIS OR HER WAGES.  THE FAILURE OF AN EMPLOYEE TO ADHERE TO SUCH  REASON-
   14  ABLE  LIMITATIONS IN SUCH WRITTEN POLICY SHALL BE AN AFFIRMATIVE DEFENSE
   15  TO ANY CLAIMS MADE AGAINST AN EMPLOYER UNDER THIS SUBDIVISION,  PROVIDED
   16  THAT ANY ADVERSE EMPLOYMENT ACTION TAKEN BY THE EMPLOYER WAS FOR FAILURE
   17  TO  ADHERE  TO  SUCH  REASONABLE  LIMITATIONS  AND NOT FOR MERE INQUIRY,
   18  DISCUSSION OR DISCLOSURE OF WAGES IN  ACCORDANCE  WITH  SUCH  REASONABLE
   19  LIMITATIONS IN SUCH WRITTEN POLICY.
   20    (D) THIS PROHIBITION SHALL NOT APPLY TO INSTANCES IN WHICH AN EMPLOYEE
   21  WHO  HAS  ACCESS TO THE WAGE INFORMATION OF OTHER EMPLOYEES AS A PART OF
   22  SUCH EMPLOYEE'S ESSENTIAL JOB FUNCTIONS  DISCLOSES  THE  WAGES  OF  SUCH
   23  OTHER  EMPLOYEES TO INDIVIDUALS WHO DO NOT OTHERWISE HAVE ACCESS TO SUCH
   24  INFORMATION, UNLESS SUCH DISCLOSURE IS IN RESPONSE  TO  A  COMPLAINT  OR
   25  CHARGE,  OR  IN FURTHERANCE OF AN INVESTIGATION, PROCEEDING, HEARING, OR
   26  ACTION UNDER THIS CHAPTER, INCLUDING AN INVESTIGATION CONDUCTED  BY  THE
   27  EMPLOYER.
   28    (E)  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE RIGHTS OF
   29  AN EMPLOYEE PROVIDED UNDER ANY OTHER  PROVISION  OF  LAW  OR  COLLECTIVE
   30  BARGAINING AGREEMENT.
   31    S  2.  Subdivision  1-a of section 198 of the labor law, as amended by
   32  chapter 564 of the laws of 2010, is amended to read as follows:
   33    1-a. On behalf of any employee paid less than the wage to which he  or
   34  she  is  entitled under the provisions of this article, the commissioner
   35  may bring any legal action necessary, including  administrative  action,
   36  to  collect  such claim and as part of such legal action, in addition to
   37  any other remedies and penalties otherwise available under this article,
   38  the commissioner shall assess against the employer the  full  amount  of
   39  any  such  underpayment, and an additional amount as liquidated damages,
   40  unless the employer proves a good faith basis  for  believing  that  its
   41  underpayment of wages was in compliance with the law. Liquidated damages
   42  shall  be  calculated  by  the  commissioner as no more than one hundred
   43  percent of the total amount of wages found to be due, EXCEPT SUCH LIQUI-
   44  DATED DAMAGES MAY BE UP TO THREE HUNDRED PERCENT OF THE TOTAL AMOUNT  OF
   45  THE WAGES FOUND TO BE DUE FOR A WILLFUL VIOLATION OF SECTION ONE HUNDRED
   46  NINETY-FOUR OF THIS ARTICLE. In any action instituted in the courts upon
   47  a  wage  claim  by an employee or the commissioner in which the employee
   48  prevails, the court shall allow such employee to recover the full amount
   49  of any underpayment, all reasonable attorney's fees, prejudgment  inter-
   50  est  as required under the civil practice law and rules, and, unless the
   51  employer proves a good faith basis to believe that its  underpayment  of
   52  wages was in compliance with the law, an additional amount as liquidated
   53  damages  equal  to  one hundred percent of the total amount of the wages
   54  found to be due, EXCEPT SUCH LIQUIDATED  DAMAGES  MAY  BE  UP  TO  THREE
   55  HUNDRED  PERCENT  OF THE TOTAL AMOUNT OF THE WAGES FOUND TO BE DUE FOR A
   56  WILLFUL VIOLATION OF SECTION ONE HUNDRED NINETY-FOUR OF THIS ARTICLE.
       S. 5806                             5
    1    S 3. The department of labor and the division of  human  rights  shall
    2  make  training  available  to  assist  employers in developing training,
    3  policies and procedures to address discrimination and harassment in  the
    4  workplace  including,  but  not limited to issues relating to pregnancy,
    5  familial  status, pay equity and sexual harassment.  Such training shall
    6  take into account the needs of employers of various sizes.  The  depart-
    7  ment  and division shall make such training available through, including
    8  but not limited to, online means.  In developing such  training  materi-
    9  als,  the  department and division consult with affected parties repres-
   10  enting the interests of both employers and employees in order  to  allow
   11  such parties to comment on the content of such training.
   12    S 4. This act shall take effect on the one hundred eightieth day after
   13  it  shall have become a law; provided, however, that the commissioner of
   14  labor may take actions necessary to allow the promulgation of  standards
   15  pursuant  to  subdivision 4 of section 194 of the labor law, as added by
   16  section one of this act no later than ninety days after this  act  shall
   17  become  law;  and  provided further, however, that section three of this
   18  act shall take effect immediately.
   19                                   PART B
   20    Section 1. Subdivision 5 of section  292  of  the  executive  law,  as
   21  amended  by  chapter  481  of  the  laws  of 2010, is amended to read as
   22  follows:
   23    5. The term "employer" does not include any employer with  fewer  than
   24  four  persons  in  his  or her employ except as set forth in section two
   25  hundred ninety-six-b of this [title] ARTICLE, PROVIDED, HOWEVER, THAT IN
   26  THE CASE OF AN ACTION FOR DISCRIMINATION BASED ON SEX PURSUANT TO SUBDI-
   27  VISION ONE OF SECTION TWO  HUNDRED  NINETY-SIX  OF  THIS  ARTICLE,  WITH
   28  RESPECT TO SEXUAL HARASSMENT ONLY, THE TERM "EMPLOYER" SHALL INCLUDE ALL
   29  EMPLOYERS WITHIN THE STATE.
   30    S 2. This act shall take effect on the one hundred eightieth day after
   31  it shall have become a law.
   32                                   PART C
   33    Section  1.  Subdivision  10  of  section 297 of the executive law, as
   34  added by section 17 of part D of chapter 405 of the  laws  of  1999,  is
   35  amended to read as follows:
   36    10.  With  respect  to ALL cases of HOUSING DISCRIMINATION AND housing
   37  RELATED CREDIT discrimination only in an action  or  proceeding  at  law
   38  under  this section or section two hundred ninety-eight of this article,
   39  the commissioner or the court may in  its  discretion  award  reasonable
   40  attorney's  fees  to  any prevailing or substantially prevailing party[;
   41  provided]. WITH RESPECT TO A CLAIM OF  EMPLOYMENT  OR  CREDIT  DISCRIMI-
   42  NATION WHERE SEX IS A BASIS OF SUCH DISCRIMINATION ONLY, IN AN ACTION OR
   43  PROCEEDING   AT   LAW   UNDER  THIS  SECTION,  OR  SECTION  TWO  HUNDRED
   44  NINETY-EIGHT OF THIS ARTICLE, THE COMMISSIONER OR THE COURT MAY  IN  ITS
   45  DISCRETION  AWARD  REASONABLE ATTORNEY'S FEES ATTRIBUTABLE TO SUCH CLAIM
   46  TO ANY PREVAILING PARTY, however,  [that]  a  prevailing  respondent  or
   47  defendant  in order to recover such reasonable attorney's fees must make
   48  a motion requesting such fees and show that  the  action  or  proceeding
   49  brought  was  frivolous;  and  further  [provided  that] in a proceeding
   50  brought in the division of human rights, the commissioner may only award
   51  attorney's fees as part of a final order after  a  public  hearing  held
   52  pursuant  to  subdivision  four of this section. In no case shall attor-
       S. 5806                             6
    1  ney's fees be awarded to the division, nor shall the division be  liable
    2  to  a  prevailing or substantially prevailing party for attorney's fees,
    3  except in a case in which the division is a party to the action  or  the
    4  proceeding  in the division's capacity as an employer.  In order to find
    5  the action or proceeding to be frivolous, the court or the  commissioner
    6  must find in writing one or more of the following:
    7    (a)  the  action or proceeding was commenced, used or continued in bad
    8  faith, solely to delay or prolong the resolution of the litigation or to
    9  harass or maliciously injure another; or
   10    (b) the action or proceeding was commenced or continued in  bad  faith
   11  without  any reasonable basis and could not be supported by a good faith
   12  argument for an extension, modification or reversal of existing law.  If
   13  the  action  or  proceeding  was promptly discontinued when the party or
   14  attorney learned or should have learned that the  action  or  proceeding
   15  lacked such a reasonable basis, the court may find that the party or the
   16  attorney did not act in bad faith.
   17    S  2.  Paragraph  c of subdivision 7 of section 296-a of the executive
   18  law, as amended by chapter 632 of the laws of 1976, is amended  to  read
   19  as follows:
   20    c.  If  the  superintendent finds that a violation of this section has
   21  occurred, the superintendent shall issue an order which shall do one  or
   22  more of the following:
   23    (1)  impose a fine in an amount not to exceed ten thousand dollars for
   24  each violation, to be paid to the people of the state of New York;
   25    (2) award  compensatory  damages  to  the  person  aggrieved  by  such
   26  violation;
   27    (3)  FOR  A  CLAIM OF SEX DISCRIMINATION ONLY, AWARD REASONABLE ATTOR-
   28  NEY'S FEES ATTRIBUTABLE TO SUCH CLAIM TO ANY PREVAILING PARTY; PROVIDED,
   29  HOWEVER, THAT A PREVAILING RESPONDENT OR DEFENDANT IN ORDER  TO  RECOVER
   30  SUCH  REASONABLE ATTORNEY'S FEES MUST MAKE A MOTION REQUESTING SUCH FEES
   31  AND SHOW THAT THE ACTION OR PROCEEDING BROUGHT WAS FRIVOLOUS. IN NO CASE
   32  SHALL ATTORNEY'S FEES BE  AWARDED  TO  THE  DEPARTMENT,  NOR  SHALL  THE
   33  DEPARTMENT BE LIABLE TO A PREVAILING PARTY FOR ATTORNEY'S FEES. IN ORDER
   34  TO  FIND  THE  ACTION  OR PROCEEDING TO BE FRIVOLOUS, THE SUPERINTENDENT
   35  MUST FIND IN WRITING ONE OR MORE OF THE FOLLOWING:
   36    (A) THE ACTION OR PROCEEDING WAS COMMENCED, USED OR CONTINUED  IN  BAD
   37  FAITH, SOLELY TO DELAY OR PROLONG THE RESOLUTION OF THE LITIGATION OR TO
   38  HARASS OR MALICIOUSLY INJURE ANOTHER; OR
   39    (B)  THE  ACTION OR PROCEEDING WAS COMMENCED OR CONTINUED IN BAD FAITH
   40  WITHOUT ANY REASONABLE BASIS AND COULD NOT BE SUPPORTED BY A GOOD  FAITH
   41  ARGUMENT  FOR AN EXTENSION, MODIFICATION OR REVERSAL OF EXISTING LAW. IF
   42  THE ACTION OR PROCEEDING WAS PROMPTLY DISCONTINUED  WHEN  THE  PARTY  OR
   43  ATTORNEY  LEARNED  OR  SHOULD HAVE LEARNED THAT THE ACTION OR PROCEEDING
   44  LACKED SUCH A REASONABLE BASIS, THE COURT MAY FIND THAT THE PARTY OR THE
   45  ATTORNEY DID NOT ACT IN BAD FAITH.
   46    (4) require the regulated creditor  to  cease  and  desist  from  such
   47  unlawful discriminatory practices;
   48    [(4)] (5) require the regulated creditor to take such further affirma-
   49  tive  action as will effectuate the purposes of this section, including,
   50  but not limited to, granting the credit which was  the  subject  of  the
   51  complaint.
   52    S 3. This act shall take effect on the one hundred eightieth day after
   53  it  shall  have become a law, and shall apply to actions commenced on or
   54  after such date.
   55                                   PART D
       S. 5806                             7
    1    Section 1. Subdivisions 1 and 1-a of section 296 of the executive law,
    2  as amended by chapter 803 of the laws of 1975, paragraph (a) of subdivi-
    3  sion 1 as amended by chapter 80 of the laws of 2009, paragraphs (b), (c)
    4  and (d) of subdivision 1 as amended by chapter 75 of the laws  of  2005,
    5  paragraph  (e) of subdivision 1 as amended by chapter 166 of the laws of
    6  2000, paragraph (g) of subdivision 1 as added by chapter 98 of the  laws
    7  of 1984 and paragraphs (b), (c) and (d) of subdivision 1-a as amended by
    8  chapter 106 of the laws of 2003, are amended to read as follows:
    9    1. It shall be an unlawful discriminatory practice:
   10    (a)  For  an  employer or licensing agency, because of an individual's
   11  age, race, creed, color, national origin, sexual  orientation,  military
   12  status,  sex, disability, predisposing genetic characteristics, FAMILIAL
   13  STATUS, marital status, or domestic violence victim status, to refuse to
   14  hire or employ or to bar or to discharge from employment such individual
   15  or to discriminate against such individual in compensation or in  terms,
   16  conditions or privileges of employment.
   17    (b)  For  an  employment agency to discriminate against any individual
   18  because of age, race, creed, color, national origin, sexual orientation,
   19  military status, sex, disability, predisposing genetic  characteristics,
   20  FAMILIAL STATUS, or marital status, in receiving, classifying, disposing
   21  or  otherwise  acting upon applications for its services or in referring
   22  an applicant or applicants to an employer or employers.
   23    (c) For a labor organization, because of the age, race, creed,  color,
   24  national  origin,  sexual orientation, military status, sex, disability,
   25  predisposing genetic characteristics, FAMILIAL STATUS, or marital status
   26  of any individual, to exclude or to expel from its membership such indi-
   27  vidual or to discriminate in any way  against  any  of  its  members  or
   28  against any employer or any individual employed by an employer.
   29    (d)  For  any  employer  or employment agency to print or circulate or
   30  cause to be printed or circulated any statement, advertisement or publi-
   31  cation, or to use any form of application for employment or to make  any
   32  inquiry  in  connection  with  prospective  employment,  which expresses
   33  directly or indirectly, any limitation, specification or  discrimination
   34  as  to  age,  race,  creed,  color, national origin, sexual orientation,
   35  military status, sex, disability, predisposing genetic  characteristics,
   36  FAMILIAL STATUS, or marital status, or any intent to make any such limi-
   37  tation,  specification  or discrimination, unless based upon a bona fide
   38  occupational qualification; provided, however, that neither  this  para-
   39  graph  nor any provision of this chapter or other law shall be construed
   40  to prohibit the department of civil service or the department of person-
   41  nel of any city containing more than one county from requesting informa-
   42  tion from applicants for civil service examinations  concerning  any  of
   43  the  aforementioned  characteristics, other than sexual orientation, for
   44  the purpose of conducting studies to identify and resolve possible prob-
   45  lems in recruitment and testing of members of minority groups to  insure
   46  the fairest possible and equal opportunities for employment in the civil
   47  service for all persons, regardless of age, race, creed, color, national
   48  origin, sexual orientation, military status, sex, disability, predispos-
   49  ing genetic characteristics, FAMILIAL STATUS, or marital status.
   50    (e)  For  any  employer,  labor  organization  or employment agency to
   51  discharge, expel or otherwise discriminate against any person because he
   52  or she has opposed any practices forbidden under this article or because
   53  he or she has filed a complaint, testified or assisted in any proceeding
   54  under this article.
       S. 5806                             8
    1    (f) Nothing in this subdivision shall affect any restrictions upon the
    2  activities of persons  licensed  by  the  state  liquor  authority  with
    3  respect to persons under twenty-one years of age.
    4    (g)  For  an  employer to compel an employee who is pregnant to take a
    5  leave of absence, unless the employee is  prevented  by  such  pregnancy
    6  from  performing  the  activities involved in the job or occupation in a
    7  reasonable manner.
    8    1-a. It shall be an unlawful discriminatory practice for an  employer,
    9  labor  organization,  employment  agency  or  any joint labor-management
   10  committee controlling apprentice training programs:
   11    (a) To select persons for an apprentice  training  program  registered
   12  with the state of New York on any basis other than their qualifications,
   13  as determined by objective criteria which permit review;
   14    (b)  To  deny  to  or withhold from any person because of race, creed,
   15  color, national origin, sexual orientation, military status,  sex,  age,
   16  disability, FAMILIAL STATUS, or marital status, the right to be admitted
   17  to  or  participate  in  a  guidance program, an apprenticeship training
   18  program, on-the-job training program,  executive  training  program,  or
   19  other occupational training or retraining program;
   20    (c)  To  discriminate against any person in his or her pursuit of such
   21  programs or to discriminate against such a person in the  terms,  condi-
   22  tions  or  privileges  of  such  programs because of race, creed, color,
   23  national origin, sexual orientation, military status, sex, age, disabil-
   24  ity, FAMILIAL STATUS or marital status;
   25    (d) To print or circulate or cause to be  printed  or  circulated  any
   26  statement,  advertisement or publication, or to use any form of applica-
   27  tion for such programs or to make any inquiry in  connection  with  such
   28  program  which  expresses, directly or indirectly, any limitation, spec-
   29  ification or discrimination as to race, creed, color,  national  origin,
   30  sexual  orientation,  military  status,  sex,  age, disability, FAMILIAL
   31  STATUS or marital status, or any intention to make any such  limitation,
   32  specification  or  discrimination,  unless  based on a bona fide occupa-
   33  tional qualification.
   34    S 2. Paragraph (a) of subdivision 9 of section 296  of  the  executive
   35  law,  as  amended by chapter 106 of the laws of 2003, is amended to read
   36  as follows:
   37    (a) It shall be an  unlawful  discriminatory  practice  for  any  fire
   38  department or fire company therein, through any member or members there-
   39  of, officers, board of fire commissioners or other body or office having
   40  power  of appointment of volunteer firefighters, directly or indirectly,
   41  by ritualistic practice, constitutional or by-law prescription, by tacit
   42  agreement among its members, or otherwise, to  deny  to  any  individual
   43  membership  in any volunteer fire department or fire company therein, or
   44  to expel or discriminate against any volunteer member of a fire  depart-
   45  ment  or  fire  company  therein,  because  of  the  race, creed, color,
   46  national origin, sexual orientation, military status, sex [or],  marital
   47  status, OR FAMILIAL STATUS, of such individual.
   48    S 3. Subdivision 13 of section 296 of the executive law, as amended by
   49  chapter 196 of the laws of 2010, is amended to read as follows:
   50    13. It shall be an unlawful discriminatory practice (i) for any person
   51  to  boycott  or  blacklist,  or  to refuse to buy from, sell to or trade
   52  with, or otherwise discriminate against any person, because of the race,
   53  creed, color, national origin, sexual orientation, military status, sex,
   54  [or] disability, OR FAMILIAL STATUS, of such person, or of such person's
   55  partners, members, stockholders, directors, officers,  managers,  super-
   56  intendents, agents, employees, business associates, suppliers or custom-
       S. 5806                             9
    1  ers, or (ii) for any person wilfully to do any act or refrain from doing
    2  any act which enables any such person to take such action. This subdivi-
    3  sion shall not apply to:
    4    (a) Boycotts connected with labor disputes; or
    5    (b) Boycotts to protest unlawful discriminatory practices.
    6    S 4. This act shall take effect on the one hundred eightieth day after
    7  it shall have become a law.
    8                                   PART E
    9    Section  1.  On or before January 1, 2015, the division of housing and
   10  community renewal, as the public housing authority for all local Section
   11  8 housing choice voucher programs under its purview,  shall  review  the
   12  Section  8  Housing  Choice  Voucher  Administrative  Plan and implement
   13  modifications to increase the participation of  landlords  and  property
   14  owners.  Such  modifications,  which  shall  comply  with all applicable
   15  federal requirements, may include, but shall not be limited to:  expand-
   16  ing the portability of Section 8 vouchers for domestic violence victims;
   17  creating  a state-sponsored special-purpose mobility counseling program;
   18  enhancing means of connecting voucher holders to approved landlords; and
   19  eliminating delays in housing quality standard inspections.
   20    S 2. This act shall take effect immediately.
   21                                   PART F
   22    Section 1. Paragraph b of subdivision 3 of section 240 of the domestic
   23  relations law, as amended by chapter 597 of the laws of 1998, is amended
   24  and a new paragraph i is added to read as follows:
   25    b. An order of protection entered pursuant to this  subdivision  shall
   26  bear  in  a  conspicuous  manner,  on  the front page of said order, the
   27  language "Order of protection issued pursuant  to  section  two  hundred
   28  forty of the domestic relations law". THE ORDER OF PROTECTION SHALL ALSO
   29  CONTAIN  THE  FOLLOWING NOTICE: "THIS ORDER OF PROTECTION WILL REMAIN IN
   30  EFFECT EVEN IF THE PROTECTED PARTY HAS, OR CONSENTS TO HAVE, CONTACT  OR
   31  COMMUNICATION  WITH  THE  PARTY  AGAINST  WHOM THE ORDER IS ISSUED. THIS
   32  ORDER OF PROTECTION CAN ONLY BE MODIFIED OR TERMINATED BY THE COURT. THE
   33  PROTECTED PARTY CANNOT BE HELD TO VIOLATE THIS ORDER NOR BE ARRESTED FOR
   34  VIOLATING THIS ORDER.". The absence of such language  shall  not  affect
   35  the validity of such order.  The presentation of a copy of such an order
   36  to  any  peace  officer acting pursuant to his or her special duties, or
   37  police officer, shall constitute authority, for that officer to arrest a
   38  person when that person has violated the terms of  such  an  order,  and
   39  bring such person before the court and, otherwise, so far as lies within
   40  the  officer's  power,  to aid in securing the protection such order was
   41  intended to afford.
   42    I. THE PROTECTED PARTY IN WHOSE  FAVOR  THE  ORDER  OF  PROTECTION  OR
   43  TEMPORARY  ORDER OF PROTECTION IS ISSUED MAY NOT BE HELD TO VIOLATE SUCH
   44  AN ORDER NOR MAY SUCH PROTECTED PARTY BE  ARRESTED  FOR  VIOLATING  SUCH
   45  ORDER.
   46    S  2.  Subdivision  2 of section 252 of the domestic relations law, as
   47  added by chapter 349 of the laws of 1995, is amended and a new  subdivi-
   48  sion 9-a is added to read as follows:
   49    2.  An  order of protection entered pursuant to this subdivision shall
   50  bear in a conspicuous manner, on the  front  page  of  said  order,  the
   51  language  "Order  of  protection  issued pursuant to section two hundred
   52  fifty-two of the domestic relations law".  THE ORDER OF PROTECTION SHALL
       S. 5806                            10
    1  ALSO CONTAIN THE FOLLOWING NOTICE: "THIS ORDER OF PROTECTION WILL REMAIN
    2  IN EFFECT EVEN IF THE PROTECTED PARTY HAS, OR CONSENTS TO HAVE,  CONTACT
    3  OR  COMMUNICATION WITH THE PARTY AGAINST WHOM THE ORDER IS ISSUED.  THIS
    4  ORDER OF PROTECTION CAN ONLY BE MODIFIED OR TERMINATED BY THE COURT. THE
    5  PROTECTED PARTY CANNOT BE HELD TO VIOLATE THIS ORDER NOR BE ARRESTED FOR
    6  VIOLATING  THIS  ORDER.".  The absence of such language shall not affect
    7  the validity of such order.  The presentation of a copy of such an order
    8  to any peace officer acting pursuant to his or her  special  duties,  or
    9  police officer, shall constitute authority, for that officer to arrest a
   10  person  when  that  person  has violated the terms of such an order, and
   11  bring such person before the court and, otherwise, so far as lies within
   12  the officer's power, to aid in securing the protection  such  order  was
   13  intended to afford.
   14    9-A.    THE  PROTECTED PARTY IN WHOSE FAVOR THE ORDER OF PROTECTION OR
   15  TEMPORARY ORDER OF PROTECTION IS ISSUED MAY NOT BE HELD  TO  VIOLATE  AN
   16  ORDER  ISSUED  IN  HIS  OR  HER  FAVOR  NOR  MAY SUCH PROTECTED PARTY BE
   17  ARRESTED FOR VIOLATING SUCH ORDER.
   18    S 3. Section 155 of the family court act is amended by  adding  a  new
   19  subdivision 3 to read as follows:
   20    3.  THE  PROTECTED  PARTY  IN  WHOSE  FAVOR THE ORDER OF PROTECTION OR
   21  TEMPORARY ORDER OF PROTECTION IS ISSUED MAY NOT BE HELD  TO  VIOLATE  AN
   22  ORDER  ISSUED  IN  HIS  OR  HER  FAVOR  NOR  MAY SUCH PROTECTED PARTY BE
   23  ARRESTED FOR VIOLATING SUCH ORDER.
   24    S 4. Subdivision 3 of section 168 of the family court act, as added by
   25  chapter 164 of the laws of 1989, is amended to read as follows:
   26    3. Any order of protection or temporary order of protection issued  by
   27  the  family  court shall bear, in a conspicuous manner, the language, as
   28  the case may be, "this order constitutes  an  order  of  protection"  or
   29  "this  order  constitutes a temporary order of protection", on the front
   30  page of said order.   THE ORDER OF  PROTECTION  OR  TEMPORARY  ORDER  OF
   31  PROTECTION  SHALL  ALSO  CONTAIN  THE  FOLLOWING  NOTICE: "THIS ORDER OF
   32  PROTECTION WILL REMAIN IN EFFECT EVEN IF THE  PROTECTED  PARTY  HAS,  OR
   33  CONSENTS  TO  HAVE, CONTACT OR COMMUNICATION WITH THE PARTY AGAINST WHOM
   34  THE ORDER IS ISSUED.  THIS ORDER OF PROTECTION CAN ONLY BE  MODIFIED  OR
   35  TERMINATED  BY  THE COURT. THE PROTECTED PARTY CANNOT BE HELD TO VIOLATE
   36  THIS ORDER NOR BE ARRESTED FOR VIOLATING THIS ORDER.".  The  absence  of
   37  such language shall not affect the validity of such order.
   38    S  5.  Section  446 of the family court act is amended by adding a new
   39  closing paragraph to read as follows:
   40    THE PROTECTED PARTY IN WHOSE FAVOR THE ORDER OF PROTECTION  OR  TEMPO-
   41  RARY  ORDER  OF PROTECTION IS ISSUED MAY NOT BE HELD TO VIOLATE AN ORDER
   42  ISSUED IN HIS OR HER FAVOR NOR MAY SUCH PROTECTED PARTY BE ARRESTED  FOR
   43  VIOLATING SUCH ORDER.
   44    S  6.  Section  551 of the family court act is amended by adding a new
   45  closing paragraph to read as follows:
   46    THE PROTECTED PARTY IN WHOSE FAVOR THE ORDER OF PROTECTION  OR  TEMPO-
   47  RARY  ORDER  OF PROTECTION IS ISSUED MAY NOT BE HELD TO VIOLATE AN ORDER
   48  ISSUED IN HIS OR HER FAVOR NOR MAY SUCH PROTECTED PARTY BE ARRESTED  FOR
   49  VIOLATING SUCH ORDER.
   50    S  7.  Section  656 of the family court act is amended by adding a new
   51  closing paragraph to read as follows:
   52    THE PROTECTED PARTY IN WHOSE FAVOR THE ORDER OF PROTECTION  OR  TEMPO-
   53  RARY  ORDER  OF PROTECTION IS ISSUED MAY NOT BE HELD TO VIOLATE AN ORDER
   54  ISSUED IN HIS OR HER FAVOR NOR MAY SUCH PROTECTED PARTY BE ARRESTED  FOR
   55  VIOLATING SUCH ORDER.
       S. 5806                            11
    1    S  8.  Section  759 of the family court act is amended by adding a new
    2  closing paragraph to read as follows:
    3    THE  PROTECTED  PARTY IN WHOSE FAVOR THE ORDER OF PROTECTION OR TEMPO-
    4  RARY ORDER OF PROTECTION IS ISSUED MAY NOT BE HELD TO VIOLATE  AN  ORDER
    5  ISSUED  IN HIS OR HER FAVOR NOR MAY SUCH PROTECTED PARTY BE ARRESTED FOR
    6  VIOLATING SUCH ORDER.
    7    S 9. Section 842 of the family court act is amended by  adding  a  new
    8  closing paragraph to read as follows:
    9    THE  PROTECTED  PARTY IN WHOSE FAVOR THE ORDER OF PROTECTION OR TEMPO-
   10  RARY ORDER OF PROTECTION IS ISSUED MAY NOT BE HELD TO VIOLATE  AN  ORDER
   11  ISSUED  IN HIS OR HER FAVOR NOR MAY SUCH PROTECTED PARTY BE ARRESTED FOR
   12  VIOLATING SUCH ORDER.
   13    S 10. Section 846 of the family court act is amended by adding  a  new
   14  subdivision (a-1) to read as follows: (A-1) THE PROTECTED PARTY IN WHOSE
   15  FAVOR THE ORDER OF PROTECTION OR TEMPORARY ORDER OF PROTECTION IS ISSUED
   16  MAY  NOT  BE HELD TO VIOLATE AN ORDER ISSUED IN HIS OR HER FAVOR NOR MAY
   17  SUCH PROTECTED PARTY BE ARRESTED FOR VIOLATING SUCH ORDER.
   18    S 11. Section 1056 of the family court act is amended by adding a  new
   19  subdivision 7 to read as follows:
   20    7.  THE  PROTECTED  PARTY  IN  WHOSE  FAVOR THE ORDER OF PROTECTION OR
   21  TEMPORARY ORDER OF PROTECTION IS ISSUED MAY NOT BE HELD  TO  VIOLATE  AN
   22  ORDER  ISSUED  IN  HIS  OR  HER  FAVOR  NOR  MAY SUCH PROTECTED PARTY BE
   23  ARRESTED FOR VIOLATING SUCH ORDER.
   24    S 12. Subdivision 4 of section 140.10 of the criminal procedure law is
   25  amended by adding  a  new  second  undesignated  paragraph  to  read  as
   26  follows:
   27    THE  PROTECTED  PARTY IN WHOSE FAVOR THE ORDER OF PROTECTION OR TEMPO-
   28  RARY ORDER OF PROTECTION IS ISSUED MAY NOT BE HELD TO VIOLATE  AN  ORDER
   29  ISSUED  IN HIS OR HER FAVOR NOR MAY SUCH PROTECTED PARTY BE ARRESTED FOR
   30  VIOLATING SUCH ORDER.
   31    S 13. Subdivisions 6 and 8 of section 530.12 of the criminal procedure
   32  law, subdivision 6 as amended by chapter 164 of the laws  of  1989,  the
   33  closing  paragraph  of subdivision 6 as added by chapter 222 of the laws
   34  of 1994 and subdivision 8 as amended by section 81 of subpart B of  part
   35  C of chapter 62 of the laws of 2011, are amended to read as follows:
   36    6.  An  order  of protection or a temporary order of protection issued
   37  pursuant to subdivision one, two, three, four or five  of  this  section
   38  shall  bear  in  a  conspicuous manner the term "order of protection" or
   39  "temporary order of protection" as the case may be and a copy  shall  be
   40  filed  by the clerk of the court with the sheriff's office in the county
   41  in which the complainant resides, or, if the complainant resides  within
   42  a  city,  with  the  police  department  of  such  city.    THE ORDER OF
   43  PROTECTION OR TEMPORARY ORDER  OF  PROTECTION  SHALL  ALSO  CONTAIN  THE
   44  FOLLOWING  NOTICE:  "THIS ORDER OF PROTECTION WILL REMAIN IN EFFECT EVEN
   45  IF THE PROTECTED PARTY HAS, OR CONSENTS TO  HAVE,  CONTACT  OR  COMMUNI-
   46  CATION  WITH  THE PARTY AGAINST WHOM THE ORDER IS ISSUED.  THIS ORDER OF
   47  PROTECTION CAN  ONLY  BE  MODIFIED  OR  TERMINATED  BY  THE  COURT.  THE
   48  PROTECTED PARTY CANNOT BE HELD TO VIOLATE THIS ORDER NOR BE ARRESTED FOR
   49  VIOLATING  THIS  ORDER.".  The absence of such language shall not affect
   50  the validity of such order.   A copy of  such  order  of  protection  or
   51  temporary  order  of  protection  may  from time to time be filed by the
   52  clerk of the court with any other police department or sheriff's  office
   53  having  jurisdiction  of the residence, work place, and school of anyone
   54  intended to be protected by such order. A copy of the order may also  be
   55  filed  by  the complainant at the appropriate police department or sher-
       S. 5806                            12
    1  iff's office having jurisdiction. Any subsequent amendment or revocation
    2  of such order shall be filed in the same manner as herein provided.
    3    Such  order of protection shall plainly state the date that such order
    4  expires.
    5    8. In any proceeding in which an  order  of  protection  or  temporary
    6  order of protection or a warrant has been issued under this section, the
    7  clerk  of  the  court  shall  issue to the complainant and defendant and
    8  defense counsel and to any other person affected by the order a copy  of
    9  the order of protection or temporary order of protection and ensure that
   10  a  copy  of  the order of protection or temporary order of protection be
   11  transmitted to the local correctional facility where the  individual  is
   12  or  will be detained, the state or local correctional facility where the
   13  individual is or will  be  imprisoned,  and  the  supervising  probation
   14  department  or department of corrections and community supervision where
   15  the individual is under probation or parole supervision.  The  presenta-
   16  tion  of  a  copy of such order or a warrant to any peace officer acting
   17  pursuant to his or her special duties or police officer shall constitute
   18  authority for him or her to arrest a person who has violated  the  terms
   19  of  such order and bring such person before the court and, otherwise, so
   20  far as lies within his or her power, to aid in securing  the  protection
   21  such  order  was intended to afford.  THE PROTECTED PARTY IN WHOSE FAVOR
   22  THE ORDER OF PROTECTION OR TEMPORARY ORDER OF PROTECTION IS  ISSUED  MAY
   23  NOT  BE HELD TO VIOLATE AN ORDER ISSUED IN HIS OR HER FAVOR NOR MAY SUCH
   24  PROTECTED PARTY BE ARRESTED FOR VIOLATING SUCH ORDER.
   25    S 14. This act shall take effect immediately and shall  apply  to  all
   26  orders  of protection regardless of when such orders were issued, except
   27  that:
   28    (a) the amendments to paragraph b of subdivision 3 of section  240  of
   29  the  domestic  relations law made by section one of this act, the amend-
   30  ments to subdivision 2 of section 252 of the domestic relations law made
   31  by section two of this act, the amendments to subdivision 3  of  section
   32  168  of  the  family court act made by section four of this act, and the
   33  amendments to subdivision 6 of section 530.12 of the criminal  procedure
   34  law  made by section thirteen of this act shall take effect on the nine-
   35  tieth day after this act shall have become a law,  and  shall  apply  to
   36  orders of protection issued on or after such effective date; and
   37    (b)  the amendments to subdivision 4 of section 140.10 of the criminal
   38  procedure law, made by section twelve of this act, shall not affect  the
   39  repeal of such subdivision, and shall be deemed repealed therewith.
   40                                   PART G
   41    Section  1. Section 153-c of the family court act, as added by chapter
   42  416 of the laws of 1981, is amended to read as follows:
   43    S 153-c. Temporary order of protection. (A) Any  person  appearing  at
   44  family  court  when  the  court  is open requesting a temporary order of
   45  protection under any article of this act shall be  entitled  to  file  a
   46  petition  without delay on the same day such person first appears at the
   47  family court, and a hearing on that request shall be held  on  the  same
   48  day  or  the next day that the family court is open following the filing
   49  of such petition.
   50    (B) AS PROVIDED IN  THIS  SECTION,  THE  CHIEF  ADMINISTRATOR  OF  THE
   51  COURTS, WITH THE APPROVAL OF THE ADMINISTRATIVE BOARD OF THE COURTS, MAY
   52  PROMULGATE  RULES  TO  ESTABLISH  AND  IMPLEMENT A PILOT PROGRAM FOR THE
   53  FILING OF PETITIONS FOR TEMPORARY ORDERS  OF  PROTECTION  BY  ELECTRONIC
   54  MEANS AND FOR THE ISSUANCE OF SUCH ORDERS EX PARTE BY AUDIO-VISUAL MEANS
       S. 5806                            13
    1  IN  ORDER  TO ACCOMMODATE LITIGANTS FOR WHOM ATTENDANCE AT COURT TO FILE
    2  FOR, AND OBTAIN, EMERGENCY RELIEF WOULD CONSTITUTE AN UNDUE HARDSHIP  OR
    3  TO  ACCOMMODATE  LITIGANTS,  FOR  WHOM TRAVELING TO AND APPEARING IN THE
    4  COURTHOUSE  TO  OBTAIN  EMERGENCY RELIEF, CREATES A RISK OF HARM TO SUCH
    5  LITIGANT.
    6    (1) DEFINITIONS. AS USED IN THIS SECTION:
    7    (I) "ELECTRONIC MEANS" MEANS ANY METHOD OF TRANSMISSION OF INFORMATION
    8  BETWEEN COMPUTERS OR OTHER MACHINES DESIGNED FOR THE PURPOSE OF  SENDING
    9  AND  RECEIVING  SUCH  TRANSMISSIONS,  AND  WHICH ALLOWS THE RECIPIENT TO
   10  REPRODUCE  THE  INFORMATION  TRANSMITTED  IN  A   TANGIBLE   MEDIUM   OF
   11  EXPRESSION.
   12    (II)  "INDEPENDENT AUDIO-VISUAL SYSTEM" MEANS AN ELECTRONIC SYSTEM FOR
   13  THE TRANSMISSION AND RECEIVING OF AUDIO AND VISUAL SIGNALS, ENCOMPASSING
   14  ENCODED SIGNALS, FREQUENCY DOMAIN MULTIPLEXING OR OTHER  SUITABLE  MEANS
   15  TO  PRECLUDE  THE  UNAUTHORIZED RECEPTION AND DECODING OF THE SIGNALS BY
   16  COMMERCIALLY AVAILABLE  TELEVISION  RECEIVERS,  CHANNEL  CONVERTERS,  OR
   17  OTHER AVAILABLE RECEIVING DEVICES.
   18    (III) "ELECTRONIC APPEARANCE" MEANS AN APPEARANCE IN WHICH ONE OR MORE
   19  OF  THE  PARTIES ARE NOT PRESENT IN THE COURT, BUT IN WHICH, BY MEANS OF
   20  AN INDEPENDENT AUDIO-VISUAL SYSTEM, ALL OF THE PARTICIPANTS  ARE  SIMUL-
   21  TANEOUSLY ABLE TO SEE AND HEAR REPRODUCTIONS OF THE VOICES AND IMAGES OF
   22  THE JUDGE, COUNSEL, PARTIES, WITNESSES, IF ANY AND OTHER PARTICIPANTS.
   23    (2)  DEVELOPMENT OF A PILOT PROGRAM. A PLAN FOR A PILOT PROGRAM PURSU-
   24  ANT TO THIS SECTION SHALL BE DEVELOPED BY THE CHIEF ADMINISTRATOR OF THE
   25  COURTS OR HIS OR HER DELEGATE IN CONSULTATION WITH  ONE  OR  MORE  LOCAL
   26  PROGRAMS  PROVIDING  ASSISTANCE  TO  VICTIMS  OF  DOMESTIC VIOLENCE, THE
   27  OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE, AND ATTORNEYS WHO REPRE-
   28  SENT FAMILY OFFENSE PETITIONS.   THE PLAN  SHALL  INCLUDE,  BUT  IS  NOT
   29  LIMITED TO:
   30    (I)  IDENTIFICATION OF ONE OR MORE FAMILY JUSTICE CENTERS OR ORGANIZA-
   31  TIONS OR AGENCIES OR OTHER SITES OUTSIDE OF THE LOCAL FAMILY COURT  THAT
   32  ARE EQUIPPED WITH, OR HAVE ACCESS TO, AN INDEPENDENT AUDIO-VISUAL SYSTEM
   33  AND  ELECTRONIC  MEANS FOR FILING DOCUMENTS THAT ARE COMPATIBLE WITH THE
   34  EQUIPMENT IN THE LOCAL FAMILY COURT, WITH  CONSIDERATION  GIVEN  TO  THE
   35  LOCATION OF SUCH SITE OR SITES AND AVAILABLE RESOURCES; AND
   36    (II)  IDENTIFICATION  OF  ONE OR MORE LICENSED AND CERTIFIED ORGANIZA-
   37  TIONS, AGENCIES OR ENTITIES  WITH  ADVOCATES  FOR  VICTIMS  OF  DOMESTIC
   38  VIOLENCE WHO ARE TRAINED, AND AVAILABLE TO ASSIST PETITIONERS IN PREPAR-
   39  ING AND FILING PETITIONS FOR TEMPORARY ORDERS OF PROTECTION AND IN THEIR
   40  ELECTRONIC  APPEARANCES  BEFORE  THE FAMILY COURT TO OBTAIN SUCH ORDERS;
   41  AND
   42    (III) IDENTIFICATION OF THE  EXISTING  RESOURCES  AVAILABLE  IN  LOCAL
   43  FAMILY COURTS FOR THE IMPLEMENTATION AND OVERSIGHT OF THE PILOT PROGRAM;
   44  AND
   45    (IV)  DELINEATION  OF PROCEDURES FOR FILING OF THE PETITIONS AND DOCU-
   46  MENTS, IF ANY, BY ELECTRONIC MEANS, SWEARING IN THE PETITIONERS AND  ANY
   47  WITNESSES,   PREPARATION   OF  A  VERBATIM  TRANSCRIPTION  OF  TESTIMONY
   48  PRESENTED AND A RECORD OF EVIDENCE ADDUCED AND  PROMPT  TRANSMISSION  OF
   49  ANY ORDERS ISSUED TO THE PETITIONERS; AND
   50    (V)  A  TIMETABLE FOR IMPLEMENTATION OF THE PILOT PROGRAM AND PLAN FOR
   51  INFORMING THE PUBLIC OF ITS AVAILABILITY; AND
   52    (VI) A DESCRIPTION OF DATA TO BE COLLECTED IN ORDER TO  EVALUATE  AND,
   53  IF  NECESSARY,  MAKE  RECOMMENDATIONS  FOR  IMPROVEMENTS  TO  THE  PILOT
   54  PROGRAM.
   55    (3) FILING BY ELECTRONIC MEANS.  IN  CONJUNCTION  WITH  AN  ELECTRONIC
   56  APPEARANCE UNDER THIS SECTION, PETITIONERS FOR EX PARTE TEMPORARY ORDERS
       S. 5806                            14
    1  OF  PROTECTION  MAY,  WITH THE ASSISTANCE OF TRAINED ADVOCATES, COMMENCE
    2  THE PROCEEDINGS BY FILING PETITIONS BY ELECTRONIC MEANS.
    3    (I) A PETITIONER WHO SEEKS A TEMPORARY ORDER OF PROTECTION EX PARTE BY
    4  USE  OF AN ELECTRONIC APPEARANCE MUST FILE A PETITION IN ADVANCE OF SUCH
    5  APPEARANCE AND MAY DO SO BY ELECTRONIC MEANS.  THE PETITIONER SHALL  SET
    6  FORTH THE CIRCUMSTANCES IN WHICH TRAVELING TO OR APPEARING IN THE COURT-
    7  HOUSE  WOULD  CONSTITUTE  AN UNDUE HARDSHIP, OR CREATE A RISK OF HARM TO
    8  THE PETITIONER. IN GRANTING OR DENYING THE RELIEF SOUGHT  BY  THE  PETI-
    9  TIONER, THE COURT SHALL STATE THE NAMES OF ALL PARTICIPANTS, AND WHETHER
   10  IT  IS  GRANTING  OR  DENYING  AN APPEARANCE BY ELECTRONIC MEANS AND THE
   11  BASIS FOR SUCH DETERMINATION; PROVIDED, HOWEVER, THAT  NOTHING  IN  THIS
   12  SECTION SHALL BE CONSTRUED TO COMPEL A PARTY TO FILE A PETITION OR OTHER
   13  DOCUMENT  BY  ELECTRONIC  MEANS  OR TO TESTIFY BY MEANS OF AN ELECTRONIC
   14  APPEARANCE.
   15    (II) NOTHING IN THIS SECTION SHALL AFFECT OR CHANGE ANY EXISTING  LAWS
   16  GOVERNING  THE  SERVICE  OF PROCESS, INCLUDING REQUIREMENTS FOR PERSONAL
   17  SERVICE, OR THE SEALING AND CONFIDENTIALITY OF COURT RECORDS  IN  FAMILY
   18  COURT  PROCEEDINGS,  OR  ACCESS  TO COURT RECORDS BY THE PARTIES TO SUCH
   19  PROCEEDINGS.
   20    (4) (I) ALL ELECTRONIC APPEARANCES BY  PETITIONERS  SEEKING  TEMPORARY
   21  ORDERS  OF  PROTECTION  EX  PARTE  UNDER  THIS SECTION SHALL BE STRICTLY
   22  VOLUNTARY AND THE CONSENT OF SUCH PETITIONERS  SHALL  BE  GIVEN  ON  THE
   23  RECORD AT THE COMMENCEMENT OF EACH APPEARANCE.
   24    (II)  APPEARANCES  TAKEN  THROUGH  THE USE OF AN ELECTRONIC APPEARANCE
   25  UNDER THIS SECTION SHALL BE RECORDED AND  PRESERVED  FOR  TRANSCRIPTION.
   26  DOCUMENTARY  EVIDENCE,  IF ANY, REFERRED TO BY A PARTY OR WITNESS OR THE
   27  COURT MAY BE TRANSMITTED AND  SUBMITTED  AND  INTRODUCED  BY  ELECTRONIC
   28  MEANS.
   29    S  2.  Subdivision 2 of section 212 of the judiciary law is amended by
   30  adding a new paragraph (s) to read as follows:
   31    (S) HAVE THE POWER TO ESTABLISH  PILOT  PROGRAMS  FOR  THE  FILING  OF
   32  PETITIONS FOR TEMPORARY ORDERS OF PROTECTION BY ELECTRONIC MEANS AND FOR
   33  THE  ISSUANCE  OF SUCH ORDERS BY AUDIO-VISUAL MEANS PURSUANT TO SUBDIVI-
   34  SION (B) OF SECTION ONE HUNDRED FIFTY-THREE-C OF THE FAMILY  COURT  ACT.
   35  THE CHIEF ADMINISTRATOR SHALL MAINTAIN AN UP-TO-DATE AND PUBLICLY-AVAIL-
   36  ABLE  LISTING  OF  THE  SITES, IF ANY, AT WHICH SUCH APPLICATIONS FOR EX
   37  PARTE TEMPORARY ORDERS OF PROTECTION MAY BE FILED, AND  AT  WHICH  ELEC-
   38  TRONIC  APPEARANCES  IN  SUPPORT  OF SUCH APPLICATIONS MAY BE SOUGHT, IN
   39  ACCORDANCE WITH SUCH SECTION ONE HUNDRED  FIFTY-THREE-C  OF  THE  FAMILY
   40  COURT  ACT.    IN DEVELOPING SUCH PILOT PROGRAM, THE CHIEF ADMINISTRATOR
   41  SHALL STRIVE FOR A PROGRAM THAT IS REGIONALLY DIVERSE,  AND  TAKES  INTO
   42  CONSIDERATION,  AMONG OTHER THINGS, THE AVAILABILITY OF PUBLIC TRANSPOR-
   43  TATION, POPULATION  DENSITY  AND  THE  AVAILABILITY  OF  FACILITIES  FOR
   44  CONDUCTING SUCH PROGRAM.
   45    S  3. Section 648 of the executive law, as added by chapter 893 of the
   46  laws of 1986, is amended to read as follows:
   47    S 648. Review; report and implementation. 1. The  chief  administrator
   48  of  the  unified  court system shall review court practices, procedures,
   49  services, regulations and laws to determine the adequacy  and  appropri-
   50  ateness of its services with respect to crime victims, including victims
   51  with  special  needs,  particularly  the elderly, disabled or victims of
   52  child abuse, domestic violence, SEX TRAFFICKING or sex-related offenses.
   53  Such review shall include reasonable opportunity for public comment  and
   54  consultation  with  crime  victims  or  their  representatives,  and may
   55  include public hearings.
       S. 5806                            15
    1    2. After the review, and not later than two hundred seventy days after
    2  the effective date of this section, AND NO LATER THAN TWO HUNDRED SEVEN-
    3  TY DAYS AFTER THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOU-
    4  SAND THIRTEEN WHICH AMENDED THIS SECTION, AND EVERY FIVE YEARS THEREAFT-
    5  ER,  the  chief administrator of the unified court system shall submit a
    6  report to the governor and the legislature, setting forth  the  findings
    7  of  the  review, including a description of the services provided by the
    8  components of the unified court system and recommendations  for  changes
    9  in  its  procedures,  services,  regulations  and  laws  to  improve its
   10  services to crime victims and to establish and implement fair  treatment
   11  standards for crime victims.
   12    3. Subject to the direction of the chief administrator, the components
   13  of  the unified court system shall expeditiously implement the recommen-
   14  dations of its report.
   15    S 4. This act shall take effect immediately; provided,  however,  that
   16  sections one and two of this act shall take effect April 1, 2014.
   17                                   PART H
   18    Section  1.  Short  title. This act shall be known and may be cited as
   19  the "trafficking victims protection and justice act".
   20    S 2. Section 60.13 of the penal law, as added by chapter 7 of the laws
   21  of 2007, is amended to read as follows:
   22  S 60.13 Authorized dispositions; felony sex offenses.
   23    When a person is to be sentenced upon  a  conviction  for  any  felony
   24  defined in article one hundred thirty of this chapter, including a sexu-
   25  ally  motivated felony, or patronizing a [prostitute] PERSON FOR PROSTI-
   26  TUTION in the first degree as defined in section 230.06 of this chapter,
   27  AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE THIRD  DEGREE  AS
   28  DEFINED  IN  SECTION  230.11  OF  THIS CHAPTER, AGGRAVATED PATRONIZING A
   29  MINOR FOR PROSTITUTION IN THE SECOND DEGREE AS DEFINED IN SECTION 230.12
   30  OF THIS CHAPTER, AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN  THE
   31  FIRST DEGREE AS DEFINED IN SECTION 230.13 OF THIS CHAPTER, incest in the
   32  second degree as defined in section 255.26 of this chapter, or incest in
   33  the  first  degree  as  defined  in section 255.27 of this chapter, or a
   34  felony attempt or conspiracy to commit any of these  crimes,  the  court
   35  must sentence the defendant in accordance with the provisions of section
   36  70.80 of this title.
   37    S  3.  Paragraphs (a) and (c) of subdivision 1 of section 70.02 of the
   38  penal law, paragraph (a) as amended by chapter 320 of the laws  of  2006
   39  and  paragraph  (c)  as  amended  by  chapter 1 of the laws of 2013, are
   40  amended to read as follows:
   41    (a) Class B violent felony offenses: an attempt to  commit  the  class
   42  A-I  felonies  of  murder  in  the  second  degree as defined in section
   43  125.25, kidnapping in the first degree as defined in section 135.25, and
   44  arson in the first degree as defined in section 150.20; manslaughter  in
   45  the  first  degree as defined in section 125.20, aggravated manslaughter
   46  in the first degree as defined in section  125.22,  rape  in  the  first
   47  degree  as  defined  in section 130.35, criminal sexual act in the first
   48  degree as defined in section 130.50,  aggravated  sexual  abuse  in  the
   49  first  degree  as  defined  in  section 130.70, course of sexual conduct
   50  against a child in the  first  degree  as  defined  in  section  130.75;
   51  assault  in the first degree as defined in section 120.10, kidnapping in
   52  the second degree as defined in section 135.20, burglary  in  the  first
   53  degree  as  defined  in  section  140.30,  arson in the second degree as
   54  defined in section 150.15, robbery in the first  degree  as  defined  in
       S. 5806                            16
    1  section  160.15, SEX TRAFFICKING AS DEFINED IN PARAGRAPHS (A) AND (B) OF
    2  SUBDIVISION FIVE OF SECTION  230.34,  incest  in  the  first  degree  as
    3  defined  in section 255.27, criminal possession of a weapon in the first
    4  degree  as  defined  in section 265.04, criminal use of a firearm in the
    5  first degree as defined in section 265.09, criminal sale of a firearm in
    6  the first degree as defined in section 265.13, aggravated assault upon a
    7  police officer or a peace officer as defined  in  section  120.11,  gang
    8  assault in the first degree as defined in section 120.07, intimidating a
    9  victim  or  witness  in  the  first degree as defined in section 215.17,
   10  hindering prosecution of terrorism in the first  degree  as  defined  in
   11  section  490.35,  criminal possession of a chemical weapon or biological
   12  weapon in the second degree as defined in section 490.40,  and  criminal
   13  use  of  a  chemical  weapon or biological weapon in the third degree as
   14  defined in section 490.47.
   15    (c) Class D violent felony offenses: an attempt to commit any  of  the
   16  class C felonies set forth in paragraph (b); reckless assault of a child
   17  as defined in section 120.02, assault in the second degree as defined in
   18  section 120.05, menacing a police officer or peace officer as defined in
   19  section  120.18, stalking in the first degree, as defined in subdivision
   20  one of section 120.60, strangulation in the second degree as defined  in
   21  section  121.12, rape in the second degree as defined in section 130.30,
   22  criminal sexual act in the second degree as defined in  section  130.45,
   23  sexual abuse in the first degree as defined in section 130.65, course of
   24  sexual  conduct  against  a  child  in  the  second degree as defined in
   25  section 130.80, aggravated sexual abuse in the third degree  as  defined
   26  in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
   27  substance as defined in section 130.90, LABOR TRAFFICKING AS DEFINED  IN
   28  PARAGRAPHS  (A) AND (B) OF SUBDIVISION THREE OF SECTION 135.35, criminal
   29  possession of a weapon in the third degree  as  defined  in  subdivision
   30  five, six, seven, eight, nine or ten of section 265.02, criminal sale of
   31  a firearm in the third degree as defined in section 265.11, intimidating
   32  a  victim  or witness in the second degree as defined in section 215.16,
   33  soliciting or providing support for an act of terrorism  in  the  second
   34  degree  as defined in section 490.10, and making a terroristic threat as
   35  defined in section 490.20, falsely reporting an incident  in  the  first
   36  degree  as  defined in section 240.60, placing a false bomb or hazardous
   37  substance in the first degree as defined in section  240.62,  placing  a
   38  false  bomb  or  hazardous  substance in a sports stadium or arena, mass
   39  transportation facility or enclosed shopping mall as defined in  section
   40  240.63,  and  aggravated  unpermitted  use of indoor pyrotechnics in the
   41  first degree as defined in section 405.18.
   42    S 4. Paragraph (a) of subdivision 1 of section 70.80 of the penal law,
   43  as added by chapter 7 of the  laws  of  2007,  is  amended  to  read  as
   44  follows:
   45    (a)  For  the purposes of this section, a "felony sex offense" means a
   46  conviction of any felony defined in article one hundred thirty  of  this
   47  chapter,  including a sexually motivated felony, or patronizing a [pros-
   48  titute] PERSON FOR PROSTITUTION  in  the  first  degree  as  defined  in
   49  section 230.06 of this chapter, PATRONIZING A PERSON FOR PROSTITUTION IN
   50  THE  SECOND  DEGREE AS DEFINED IN SECTION 230.05 OF THIS CHAPTER, AGGRA-
   51  VATED PATRONIZING A MINOR  FOR  PROSTITUTION  IN  THE  THIRD  DEGREE  AS
   52  DEFINED  IN  SECTION  230.11  OF  THIS CHAPTER, AGGRAVATED PATRONIZING A
   53  MINOR FOR PROSTITUTION IN THE SECOND DEGREE AS DEFINED IN SECTION 230.12
   54  OF THIS CHAPTER, AGGRAVATED PATRONIZING  A  MINOR  FOR  PROSTITUTION  IN
   55  FIRST DEGREE AS DEFINED IN SECTION 230.13 OF THIS CHAPTER, incest in the
   56  second degree as defined in section 255.26 of this chapter, or incest in
       S. 5806                            17
    1  the  first  degree  as  defined  in section 255.27 of this chapter, or a
    2  felony attempt or conspiracy to commit any of the above.
    3    S  5.  Section  135.35 of the penal law, as added by chapter 74 of the
    4  laws of 2007, is amended to read as follows:
    5  S 135.35 Labor trafficking.
    6    A person is guilty of labor  trafficking  if  he  or  she  compels  or
    7  induces  another  to  engage  in labor or recruits, entices, harbors, or
    8  transports such other person by means of intentionally:
    9    1. [unlawfully providing a controlled substance to  such  person  with
   10  intent to impair said person's judgment;
   11    2.] requiring that the labor be performed to retire, repay, or service
   12  a real or purported debt that the actor has caused by a systematic ongo-
   13  ing course of conduct with intent to defraud such person;
   14    [3.]  2.  withholding,  destroying,  or  confiscating  any  actual  or
   15  purported  passport,  immigration  document,  or  any  other  actual  or
   16  purported  government  identification  document,  of another person with
   17  intent to impair said person's freedom of movement;  provided,  however,
   18  that  this subdivision shall not apply to an attempt to correct a social
   19  security administration record or immigration agency record  in  accord-
   20  ance  with  any  local, state, or federal agency requirement, where such
   21  attempt is not made for the purpose of any express or implied threat;
   22    [4.] 3. using force or engaging in any  scheme,  plan  or  pattern  to
   23  compel or induce such person to engage in or continue to engage in labor
   24  activity  by  means  of  instilling  a  fear in such person that, if the
   25  demand is not complied with, the actor or another will do one or more of
   26  the following:
   27    (a) cause physical injury, serious physical  injury,  or  death  to  a
   28  person; or
   29    (b) cause damage to property, other than the property of the actor; or
   30    (c)  engage  in other conduct constituting a felony or unlawful impri-
   31  sonment in the second degree in violation  of  section  135.05  of  this
   32  [chapter] ARTICLE; or
   33    (d)  accuse some person of a crime or cause criminal charges or depor-
   34  tation proceedings to  be  instituted  against  such  person;  provided,
   35  however,  that  it  shall  be an affirmative defense to this subdivision
   36  that the defendant reasonably believed the threatened charge to be  true
   37  and  that  his or her sole purpose was to compel or induce the victim to
   38  take reasonable action to make good the wrong which was the  subject  of
   39  such threatened charge; or
   40    (e)  expose  a  secret  or publicize an asserted fact, whether true or
   41  false, tending to subject some person to hatred, contempt  or  ridicule;
   42  or
   43    (f)  testify  or provide information or withhold testimony or informa-
   44  tion with respect to another's legal claim or defense; or
   45    (g) use or abuse his or her position as a public servant by performing
   46  some act within or related to his or her official duties, or by  failing
   47  or  refusing  to  perform  an official duty, in such manner as to affect
   48  some person adversely.
   49    Labor trafficking is a class D felony.
   50    S 5-a. The penal law is amended by adding a new section 135.37 to read
   51  as follows:
   52  S 135.37 AGGRAVATED LABOR TRAFFICKING.
   53    A PERSON IS GUILTY OF  AGGRAVATED  LABOR  TRAFFICKING  IF  HE  OR  SHE
   54  COMPELS  OR  INDUCES  ANOTHER  TO  ENGAGE IN LABOR OR RECRUITS, ENTICES,
   55  HARBORS, OR TRANSPORTS SUCH OTHER PERSON TO ENGAGE IN LABOR BY MEANS  OF
       S. 5806                            18
    1  INTENTIONALLY:    UNLAWFULLY  PROVIDING  A  CONTROLLED SUBSTANCE TO SUCH
    2  PERSON WITH INTENT TO IMPAIR SAID PERSON'S JUDGMENT.
    3    AGGRAVATED LABOR TRAFFICKING IS A CLASS C FELONY.
    4    S  5-b.  Paragraph (a) of subdivision 1 of section 460.10 of the penal
    5  law, as amended by chapter 405 of the laws of 2010, is amended  to  read
    6  as follows:
    7    (a)  Any  of  the felonies set forth in this chapter: sections 120.05,
    8  120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat-
    9  ing to strangulation; sections 125.10 to 125.27  relating  to  homicide;
   10  sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and
   11  135.25  relating  to  kidnapping;  [section]  SECTIONS 135.35 AND 135.37
   12  relating to labor trafficking;  section  135.65  relating  to  coercion;
   13  sections  140.20,  140.25  and  140.30  relating  to  burglary; sections
   14  145.05, 145.10 and 145.12 relating to  criminal  mischief;  article  one
   15  hundred  fifty  relating  to  arson; sections 155.30, 155.35, 155.40 and
   16  155.42 relating to grand larceny; sections 177.10,  177.15,  177.20  and
   17  177.25 relating to health care fraud; article one hundred sixty relating
   18  to robbery; sections 165.45, 165.50, 165.52 and 165.54 relating to crim-
   19  inal  possession of stolen property; sections 165.72 and 165.73 relating
   20  to trademark counterfeiting; sections 170.10,  170.15,  170.25,  170.30,
   21  170.40,  170.65 and 170.70 relating to forgery; sections 175.10, 175.25,
   22  175.35, 175.40 and 210.40 relating to false statements; sections 176.15,
   23  176.20, 176.25 and 176.30 relating to insurance fraud;  sections  178.20
   24  and  178.25  relating  to criminal diversion of prescription medications
   25  and prescriptions; sections  180.03,  180.08,  180.15,  180.25,  180.40,
   26  180.45,  200.00, 200.03, 200.04, 200.10, 200.11, 200.12, 200.20, 200.22,
   27  200.25, 200.27, 215.00, 215.05 and 215.19 relating to bribery;  sections
   28  187.10,  187.15,  187.20  and  187.25  relating  to residential mortgage
   29  fraud, sections 190.40 and 190.42 relating to  criminal  usury;  section
   30  190.65 relating to schemes to defraud; sections 205.60 and 205.65 relat-
   31  ing to hindering prosecution; sections 210.10, 210.15, and 215.51 relat-
   32  ing  to  perjury and contempt; section 215.40 relating to tampering with
   33  physical evidence; sections  220.06,  220.09,  220.16,  220.18,  220.21,
   34  220.31,  220.34,  220.39,  220.41,  220.43,  220.46,  220.55, 220.60 and
   35  220.77 relating to controlled substances;  sections  225.10  and  225.20
   36  relating  to  gambling;  sections 230.25, 230.30, and 230.32 relating to
   37  promoting prostitution; section  230.34  relating  to  sex  trafficking;
   38  sections  235.06,  235.07,  235.21  and  235.22  relating  to obscenity;
   39  sections 263.10 and 263.15 relating to promoting a sexual performance by
   40  a child; sections 265.02, 265.03, 265.04, 265.11, 265.12, 265.13 and the
   41  provisions of section 265.10  which  constitute  a  felony  relating  to
   42  firearms  and  other  dangerous  weapons; and sections 265.14 and 265.16
   43  relating to criminal sale of a  firearm;  and  section  275.10,  275.20,
   44  275.30,  or  275.40  relating  to  unauthorized recordings; and sections
   45  470.05, 470.10, 470.15 and 470.20 relating to money laundering; or
   46    S 5-c. Paragraphs (b) and (h) of subdivision 8 of  section  700.05  of
   47  the  criminal  procedure law, paragraph (b) as amended by chapter 405 of
   48  the laws of 2010 and paragraph (h) as amended by chapter 154 of the laws
   49  of 1990, are amended to read as follows:
   50    (b) Any of the following felonies: assault in  the  second  degree  as
   51  defined  in section 120.05 of the penal law, assault in the first degree
   52  as defined in section 120.10 of the penal law, reckless endangerment  in
   53  the  first degree as defined in section 120.25 of the penal law, promot-
   54  ing a suicide attempt as defined in section 120.30  of  the  penal  law,
   55  strangulation  in  the second degree as defined in section 121.12 of the
   56  penal law, strangulation in the  first  degree  as  defined  in  section
       S. 5806                            19
    1  121.13  of  the  penal  law, criminally negligent homicide as defined in
    2  section 125.10 of the penal law, manslaughter in the  second  degree  as
    3  defined  in  section  125.15 of the penal law, manslaughter in the first
    4  degree  as  defined  in  section  125.20 of the penal law, murder in the
    5  second degree as defined in section 125.25 of the penal law,  murder  in
    6  the first degree as defined in section 125.27 of the penal law, abortion
    7  in  the  second  degree  as  defined in section 125.40 of the penal law,
    8  abortion in the first degree as defined in section 125.45 of  the  penal
    9  law,  rape in the third degree as defined in section 130.25 of the penal
   10  law, rape in the second degree as defined in section 130.30 of the penal
   11  law, rape in the first degree as defined in section 130.35 of the  penal
   12  law,  criminal  sexual  act  in  the  third degree as defined in section
   13  130.40 of the penal law, criminal sexual act in  the  second  degree  as
   14  defined  in  section 130.45 of the penal law, criminal sexual act in the
   15  first degree as defined in section 130.50 of the penal law, sexual abuse
   16  in the first degree as defined in  section  130.65  of  the  penal  law,
   17  unlawful  imprisonment  in the first degree as defined in section 135.10
   18  of the penal law, kidnapping in the second degree as defined in  section
   19  135.20  of  the  penal law, kidnapping in the first degree as defined in
   20  section 135.25 of the penal law, labor trafficking as defined in section
   21  135.35 of the penal law, AGGRAVATED  LABOR  TRAFFICKING  AS  DEFINED  IN
   22  SECTION  135.37  OF  THE  PENAL LAW, custodial interference in the first
   23  degree as defined in section 135.50 of the penal law,  coercion  in  the
   24  first  degree  as  defined  in section 135.65 of the penal law, criminal
   25  trespass in the first degree as defined in section 140.17 of  the  penal
   26  law,  burglary  in  the third degree as defined in section 140.20 of the
   27  penal law, burglary in the second degree as defined in section 140.25 of
   28  the penal law, burglary in the first degree as defined in section 140.30
   29  of the penal law, criminal mischief in the third degree  as  defined  in
   30  section  145.05 of the penal law, criminal mischief in the second degree
   31  as defined in section 145.10 of the penal law, criminal mischief in  the
   32  first  degree  as  defined  in section 145.12 of the penal law, criminal
   33  tampering in the first degree as defined in section 145.20 of the  penal
   34  law,  arson  in  the  fourth  degree as defined in section 150.05 of the
   35  penal law, arson in the third degree as defined in section 150.10 of the
   36  penal law, arson in the second degree as defined in  section  150.15  of
   37  the penal law, arson in the first degree as defined in section 150.20 of
   38  the  penal law, grand larceny in the fourth degree as defined in section
   39  155.30 of the penal law, grand larceny in the third degree as defined in
   40  section 155.35 of the penal law, grand larceny in the second  degree  as
   41  defined  in  section 155.40 of the penal law, grand larceny in the first
   42  degree as defined in section 155.42 of the penal law, health care  fraud
   43  in  the  fourth  degree  as  defined in section 177.10 of the penal law,
   44  health care fraud in the third degree as defined in  section  177.15  of
   45  the  penal  law,  health  care  fraud in the second degree as defined in
   46  section 177.20 of the penal law, health care fraud in the  first  degree
   47  as  defined  in  section  177.25  of the penal law, robbery in the third
   48  degree as defined in section 160.05 of the penal  law,  robbery  in  the
   49  second  degree as defined in section 160.10 of the penal law, robbery in
   50  the first degree as defined in section 160.15 of the penal law, unlawful
   51  use of secret scientific material as defined in section  165.07  of  the
   52  penal  law,  criminal possession of stolen property in the fourth degree
   53  as defined in section 165.45 of the penal law,  criminal  possession  of
   54  stolen  property in the third degree as defined in section 165.50 of the
   55  penal law, criminal possession of stolen property in the  second  degree
   56  as  defined  by  section 165.52 of the penal law, criminal possession of
       S. 5806                            20
    1  stolen property in the first degree as defined by section 165.54 of  the
    2  penal  law,  trademark counterfeiting in the second degree as defined in
    3  section 165.72 of the penal law, trademark counterfeiting in  the  first
    4  degree  as  defined  in  section 165.73 of the penal law, forgery in the
    5  second degree as defined in section 170.10 of the penal law, forgery  in
    6  the first degree as defined in section 170.15 of the penal law, criminal
    7  possession  of  a  forged  instrument in the second degree as defined in
    8  section 170.25 of the penal law, criminal possession of a forged instru-
    9  ment in the first degree as defined in section 170.30 of the penal  law,
   10  criminal  possession  of forgery devices as defined in section 170.40 of
   11  the penal law, falsifying  business  records  in  the  first  degree  as
   12  defined  in  section  175.10  of  the  penal  law, tampering with public
   13  records in the first degree as defined in section 175.25  of  the  penal
   14  law,  offering  a  false  instrument  for  filing in the first degree as
   15  defined in section 175.35 of the penal law, issuing a false  certificate
   16  as  defined  in  section  175.40 of the penal law, criminal diversion of
   17  prescription medications and  prescriptions  in  the  second  degree  as
   18  defined  in  section  178.20  of  the  penal  law, criminal diversion of
   19  prescription medications  and  prescriptions  in  the  first  degree  as
   20  defined  in  section 178.25 of the penal law, residential mortgage fraud
   21  in the fourth degree as defined in section  187.10  of  the  penal  law,
   22  residential  mortgage  fraud  in  the third degree as defined in section
   23  187.15 of the penal law, residential mortgage fraud in the second degree
   24  as defined in section 187.20 of  the  penal  law,  residential  mortgage
   25  fraud in the first degree as defined in section 187.25 of the penal law,
   26  escape  in  the  second degree as defined in section 205.10 of the penal
   27  law, escape in the first degree as defined  in  section  205.15  of  the
   28  penal  law,  absconding  from  temporary  release in the first degree as
   29  defined in section 205.17 of the penal law, promoting prison  contraband
   30  in  the  first  degree  as  defined  in section 205.25 of the penal law,
   31  hindering prosecution in the second degree as defined in section  205.60
   32  of  the  penal law, hindering prosecution in the first degree as defined
   33  in section 205.65 of the  penal  law,  sex  trafficking  as  defined  in
   34  section  230.34 of the penal law, criminal possession of a weapon in the
   35  third degree as defined in subdivisions two, three and five  of  section
   36  265.02  of  the penal law, criminal possession of a weapon in the second
   37  degree  as  defined  in  section  265.03  of  the  penal  law,  criminal
   38  possession  of a weapon in the first degree as defined in section 265.04
   39  of the penal law, manufacture, transport, disposition and defacement  of
   40  weapons  and dangerous instruments and appliances defined as felonies in
   41  subdivisions one, two, and three of section 265.10  of  the  penal  law,
   42  sections  265.11,  265.12 and 265.13 of the penal law, or prohibited use
   43  of weapons as defined in subdivision two of section 265.35 of the  penal
   44  law,  relating  to  firearms  and other dangerous weapons, or failure to
   45  disclose the origin of a recording in the first  degree  as  defined  in
   46  section 275.40 of the penal law;
   47    (h)  Promoting prostitution in the first degree, as defined in section
   48  230.32 of the penal law, promoting prostitution in the second degree, as
   49  defined by subdivision one of section 230.30 of the penal law, PROMOTING
   50  PROSTITUTION IN THE THIRD DEGREE, AS DEFINED IN SECTION  230.25  OF  THE
   51  PENAL LAW;
   52    S  6.  The penal law is amended by adding a new section 230.01 to read
   53  as follows:
   54  S 230.01 PROSTITUTION; AFFIRMATIVE DEFENSE.
   55    IN ANY PROSECUTION UNDER SECTION 230.00, SECTION 230.03 OR SUBDIVISION
   56  TWO OF SECTION 240.37 OF THIS PART, IT IS AN  AFFIRMATIVE  DEFENSE  THAT
       S. 5806                            21
    1  THE DEFENDANT'S PARTICIPATION IN THE OFFENSE WAS A RESULT OF HAVING BEEN
    2  A  VICTIM  OF  COMPELLING PROSTITUTION UNDER SECTION 230.33, A VICTIM OF
    3  SEX TRAFFICKING UNDER SECTION 230.34 OF THIS  ARTICLE  OR  A  VICTIM  OF
    4  TRAFFICKING  IN  PERSONS  UNDER  THE  TRAFFICKING VICTIMS PROTECTION ACT
    5  (UNITED STATES CODE, TITLE 22, CHAPTER 78).
    6    S 7. The section heading and subdivision 1 of section  230.02  of  the
    7  penal law, as amended by chapter 627 of the laws of 1978, are amended to
    8  read as follows:
    9    Patronizing a [prostitute] PERSON FOR PROSTITUTION; definitions.
   10    1. A person patronizes a [prostitute] PERSON FOR PROSTITUTION when:
   11    (a) Pursuant to a prior understanding, he OR SHE pays a fee to another
   12  person  as compensation for such person or a third person having engaged
   13  in sexual conduct with him OR HER; or
   14    (b) He OR SHE pays or agrees to pay a fee to another  person  pursuant
   15  to  an  understanding  that  in  return  therefor such person or a third
   16  person will engage in sexual conduct with him OR HER; or
   17    (c) He OR SHE solicits or requests another person to engage in  sexual
   18  conduct with him OR HER in return for a fee.
   19    S  8.  Subdivision  2  of section 230.03 of the penal law, as added by
   20  chapter 191 of the laws of 2011, is amended to read as follows:
   21    2. For the purposes of this section, SECTION 230.08 and section 230.19
   22  of this article, "school zone" means (a) in or on or within  any  build-
   23  ing,  structure,  athletic  playing  field, playground or land contained
   24  within the real property boundary line of a public or private  elementa-
   25  ry, parochial, intermediate, junior high, vocational, or high school, or
   26  (b)  any  public  sidewalk,  street,  parking  lot,  park, playground or
   27  private land, located immediately adjacent to the boundary line of  such
   28  school.
   29    S  9. Section 230.04 of the penal law, as amended by chapter 74 of the
   30  laws of 2007, is amended to read as follows:
   31  S 230.04 Patronizing a [prostitute] PERSON FOR PROSTITUTION in the third
   32             degree.
   33    A person is guilty of patronizing a [prostitute] PERSON FOR  PROSTITU-
   34  TION in the third degree when he or she patronizes a [prostitute] PERSON
   35  FOR PROSTITUTION.
   36    Patronizing a [prostitute] PERSON FOR PROSTITUTION in the third degree
   37  is a class A misdemeanor.
   38    S  10. Section 230.05 of the penal law, as added by chapter 627 of the
   39  laws of 1978, is amended to read as follows:
   40  S 230.05 Patronizing a  [prostitute]  PERSON  FOR  PROSTITUTION  in  the
   41             second degree.
   42    A  person is guilty of patronizing a [prostitute] PERSON FOR PROSTITU-
   43  TION in the second degree when, being [over] eighteen years [of age] OLD
   44  OR MORE, he OR SHE patronizes a [prostitute] PERSON FOR PROSTITUTION and
   45  the person patronized is less than [fourteen]  FIFTEEN  years  [of  age]
   46  OLD.
   47    Patronizing  a  [prostitute]  PERSON  FOR  PROSTITUTION  in the second
   48  degree is a class E felony.
   49    S 11. Section 230.06 of the penal law, as added by chapter 627 of  the
   50  laws of 1978, is amended to read as follows:
   51  S 230.06 Patronizing a [prostitute] PERSON FOR PROSTITUTION in the first
   52             degree.
   53    A  person is guilty of patronizing a [prostitute] PERSON FOR PROSTITU-
   54  TION in the first degree when [he]:
   55    1. HE OR SHE patronizes a [prostitute] PERSON FOR PROSTITUTION and the
   56  person patronized is less than eleven years [of age] OLD; OR
       S. 5806                            22
    1    2. BEING EIGHTEEN YEARS OLD OR MORE, HE OR SHE PATRONIZES A PERSON FOR
    2  PROSTITUTION AND THE PERSON PATRONIZED IS LESS THAN THIRTEEN YEARS OLD.
    3    Patronizing a [prostitute] PERSON FOR PROSTITUTION in the first degree
    4  is a class D felony.
    5    S  11-a.  Section 230.07 of the penal law, as amended by chapter 74 of
    6  the laws of 2007, is amended to read as follows:
    7  S 230.07 Patronizing a [prostitute] PERSON FOR PROSTITUTION; defense.
    8    In any prosecution for patronizing a [prostitute] PERSON FOR PROSTITU-
    9  TION in the first or second degrees OR PATRONIZING A PERSON FOR  PROSTI-
   10  TUTION IN A SCHOOL ZONE, it is a defense that the defendant did not have
   11  reasonable  grounds  to  believe  that  the person was less than the age
   12  specified.
   13    S 12. The penal law is amended by adding a new section 230.08 to  read
   14  as follows:
   15  S 230.08 PATRONIZING A PERSON FOR PROSTITUTION IN A SCHOOL ZONE.
   16    1.  A  PERSON  IS GUILTY OF PATRONIZING A PERSON FOR PROSTITUTION IN A
   17  SCHOOL ZONE WHEN, BEING TWENTY-ONE YEARS OF AGE  OR  OLDER,  HE  OR  SHE
   18  PATRONIZES  A  PERSON FOR PROSTITUTION AND THE PERSON PATRONIZED IS LESS
   19  THAN EIGHTEEN YEARS OF AGE AT A PLACE THAT HE OR SHE KNOWS,  OR  REASON-
   20  ABLY SHOULD KNOW, IS IN A SCHOOL ZONE.
   21    2.  FOR  PURPOSES  OF  THIS  SECTION, "SCHOOL ZONE" SHALL MEAN "SCHOOL
   22  ZONE" AS DEFINED IN SUBDIVISION TWO OF SECTION 230.03 OF THIS ARTICLE.
   23    PATRONIZING A PERSON FOR PROSTITUTION IN A SCHOOL ZONE IS  A  CLASS  E
   24  FELONY.
   25    S  13. The section heading and the opening paragraph of section 230.10
   26  of the penal law are amended to read as follows:
   27    Prostitution and patronizing a [prostitute] PERSON  FOR  PROSTITUTION;
   28  no defense.
   29    In  any  prosecution  for  prostitution  or patronizing a [prostitute]
   30  PERSON FOR PROSTITUTION, the sex  of  the  two  parties  or  prospective
   31  parties  to  the sexual conduct engaged in, contemplated or solicited is
   32  immaterial, and it is no defense that:
   33    S 14. The penal law is amended by adding three  new  sections  230.11,
   34  230.12 and 230.13 to read as follows:
   35  S 230.11 AGGRAVATED  PATRONIZING  A  MINOR FOR PROSTITUTION IN THE THIRD
   36             DEGREE.
   37    A PERSON IS GUILTY OF AGGRAVATED PATRONIZING A MINOR FOR  PROSTITUTION
   38  IN  THE THIRD DEGREE WHEN, BEING TWENTY-ONE YEARS OLD OR MORE, HE OR SHE
   39  PATRONIZES A PERSON FOR PROSTITUTION AND THE PERSON PATRONIZED  IS  LESS
   40  THAN SEVENTEEN 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 AS THOSE TERMS ARE DEFINED  IN  SECTION  130.00  OF
   43  THIS PART.
   44    AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE THIRD DEGREE IS
   45  A CLASS E FELONY.
   46  S 230.12 AGGRAVATED  PATRONIZING  A MINOR FOR PROSTITUTION IN THE SECOND
   47             DEGREE.
   48    A PERSON IS GUILTY OF AGGRAVATED PATRONIZING A MINOR FOR  PROSTITUTION
   49  IN  THE  SECOND DEGREE WHEN, BEING EIGHTEEN YEARS OLD OR MORE, HE OR SHE
   50  PATRONIZES A PERSON FOR PROSTITUTION AND THE PERSON PATRONIZED  IS  LESS
   51  THAN  FIFTEEN  YEARS OLD AND THE PERSON GUILTY OF PATRONIZING ENGAGES IN
   52  SEXUAL INTERCOURSE, ORAL SEXUAL CONDUCT, ANAL SEXUAL CONDUCT, OR  AGGRA-
   53  VATED  SEXUAL  CONDUCT  AS  THOSE TERMS ARE DEFINED IN SECTION 130.00 OF
   54  THIS PART.
   55    AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE  SECOND  DEGREE
   56  IS A CLASS D FELONY.
       S. 5806                            23
    1  S 230.13 AGGRAVATED  PATRONIZING  A  MINOR FOR PROSTITUTION IN THE FIRST
    2             DEGREE.
    3    A  PERSON IS GUILTY OF AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION
    4  IN THE FIRST DEGREE WHEN HE OR SHE PATRONIZES A PERSON FOR  PROSTITUTION
    5  AND  THE PERSON PATRONIZED IS LESS THAN ELEVEN YEARS OLD, OR BEING EIGH-
    6  TEEN YEARS OLD OR MORE, HE OR SHE PATRONIZES A PERSON  FOR  PROSTITUTION
    7  AND  THE  PERSON  PATRONIZED  IS  LESS  THAN THIRTEEN YEARS OLD, AND THE
    8  PERSON GUILTY OF PATRONIZING ENGAGES IN SEXUAL INTERCOURSE, ORAL  SEXUAL
    9  CONDUCT,  ANAL  SEXUAL  CONDUCT,  OR  AGGRAVATED SEXUAL CONDUCT AS THOSE
   10  TERMS ARE DEFINED IN SECTION 130.00 OF THIS PART.
   11    AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE FIRST DEGREE IS
   12  A CLASS B FELONY.
   13    S 15. Subdivisions 1 and 2 of section 230.15  of  the  penal  law  are
   14  amended to read as follows:
   15    1.  "Advance  prostitution."  A  person  "advances prostitution" when,
   16  acting other than as a [prostitute]  PERSON  IN  PROSTITUTION  or  as  a
   17  patron thereof, he OR SHE knowingly causes or aids a person to commit or
   18  engage  in  prostitution, procures or solicits patrons for prostitution,
   19  provides persons or premises  for  prostitution  purposes,  operates  or
   20  assists  in  the  operation of a house of prostitution or a prostitution
   21  enterprise, or engages in any other conduct designed to  institute,  aid
   22  or facilitate an act or enterprise of prostitution.
   23    2.  "Profit  from  prostitution." A person "profits from prostitution"
   24  when, acting other than as a [prostitute] PERSON IN PROSTITUTION receiv-
   25  ing compensation for personally rendered prostitution  services,  he  OR
   26  SHE accepts or receives money or other property pursuant to an agreement
   27  or understanding with any person whereby he OR SHE participates or is to
   28  participate in the proceeds of prostitution activity.
   29    S  16.  Subdivision  1 of section 230.19 of the penal law, as added by
   30  chapter 191 of the laws of 2011, is amended to read as follows:
   31    1. A person is guilty of promoting prostitution in a school zone when,
   32  being nineteen years [of age] OLD or [older] MORE, he or  she  knowingly
   33  advances or profits from prostitution that he or she knows or reasonably
   34  should  know  is  or will be committed in violation of section 230.03 of
   35  this article in a school  zone  during  the  hours  that  school  is  in
   36  session.
   37    S 17. The opening paragraph and subdivision 1 of section 230.25 of the
   38  penal  law,  the opening paragraph as amended by chapter 627 of the laws
   39  of 1978 and subdivision 1 as amended by chapter 74 of the laws of  2007,
   40  are amended to read as follows:
   41    A  person is guilty of promoting prostitution in the third degree when
   42  he OR SHE knowingly:
   43    1. Advances or profits from  prostitution  by  managing,  supervising,
   44  controlling  or  owning,  either  alone or in association with others, a
   45  house of prostitution or a prostitution business or enterprise involving
   46  prostitution activity by two or more [prostitutes] PERSONS IN  PROSTITU-
   47  TION, or a business that sells travel-related services knowing that such
   48  services include or are intended to facilitate travel for the purpose of
   49  patronizing  a  [prostitute]  PERSON  FOR  PROSTITUTION,  including to a
   50  foreign jurisdiction and regardless of the legality of  prostitution  in
   51  said foreign jurisdiction; or
   52    S  18.  Section  230.30 of the penal law, as amended by chapter 627 of
   53  the laws of 1978, is amended to read as follows:
   54  S 230.30 Promoting prostitution in the second degree.
   55    A person is guilty of promoting prostitution in the second degree when
   56  he OR SHE knowingly:
       S. 5806                            24
    1    1. Advances prostitution by compelling a person  by  force  or  intim-
    2  idation to engage in prostitution, or profits from such coercive conduct
    3  by another; or
    4    2.  Advances  or  profits  from  prostitution  of  a  person less than
    5  [sixteen] EIGHTEEN years old.
    6    Promoting prostitution in the second degree is a class C felony.
    7    S 19. The first undesignated paragraph of section 230.32 of the  penal
    8  law,  as added by chapter 627 of the laws of 1978, is amended to read as
    9  follows:
   10    A person is guilty of promoting prostitution in the first degree  when
   11  he OR SHE:
   12    1.  knowingly  advances  or profits from prostitution of a person less
   13  than [eleven] THIRTEEN years old; OR
   14    2. BEING TWENTY-ONE YEARS OLD OR MORE, HE OR SHE KNOWINGLY ADVANCES OR
   15  PROFITS FROM PROSTITUTION OF A PERSON LESS THEN FIFTEEN YEARS OF AGE.
   16    S 20. Section 230.33 of the penal law, as added by chapter 450 of  the
   17  laws of 2005, is amended to read as follows:
   18  S 230.33 Compelling prostitution.
   19    A person is guilty of compelling prostitution when, being [twenty-one]
   20  EIGHTEEN  years  [of  age  or  older]  OLD  OR MORE, he or she knowingly
   21  advances prostitution by compelling a person less than  [sixteen]  EIGH-
   22  TEEN years old, by force or intimidation, to engage in prostitution.
   23    Compelling prostitution is a class B felony.
   24    S 21. Intentionally omitted.
   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, and subdivision 3 is renum-
   41  bered 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. 5806                            25
    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, 130.40,
   15  130.45, 255.25, 255.26, 255.27, article two hundred sixty-three, 135.10,
   16  135.25,  230.05,  230.06,  230.11,  230.12,  230.13,  subdivision two of
   17  section 230.30 or 230.32, the prosecutor shall, within sixty days of the
   18  imposition of sentence, provide the victim with  a  form  on  which  the
   19  victim  may  indicate  a demand to be informed of any petition to change
   20  the name of such defendant.   Such forms shall  be  maintained  by  such
   21  prosecutor. Upon receipt of a notice of a petition to change the name of
   22  any  such defendant, pursuant to subdivision two of section sixty-two of
   23  the civil rights law, the prosecutor shall promptly notify the victim at
   24  the most current address or telephone number provided by such victim  in
   25  the  most reasonable and expedient possible manner of the time and place
   26  such petition will be presented to the court.
   27    S 26. Paragraph (i) of subdivision 1 of section 440.10 of the criminal
   28  procedure law, as added by chapter 332 of the laws of 2010,  is  amended
   29  to read as follows:
   30    (i)  The judgment is a conviction where the arresting charge was under
   31  section 240.37 (loitering for the purpose of engaging in a  prostitution
   32  offense, provided that the defendant was not alleged to be loitering for
   33  the  purpose  of  patronizing a prostitute or promoting prostitution) or
   34  230.00 (prostitution) OR 230.03 of the penal law,  and  the  defendant's
   35  participation in the offense was a result of having been a victim of sex
   36  trafficking  under  section  230.34  of the penal law, LABOR TRAFFICKING
   37  UNDER SECTION 135.35 OF THE  PENAL  LAW,  AGGRAVATED  LABOR  TRAFFICKING
   38  UNDER  SECTION  135.37  OF  THE PENAL LAW, COMPELLING PROSTITUTION UNDER
   39  SECTION 230.33 OF THE PENAL LAW, or trafficking  in  persons  under  the
   40  Trafficking  Victims Protection Act (United States Code, title 22, chap-
   41  ter 78); provided that
   42    (i) a motion under this paragraph shall be made  with  due  diligence,
   43  after  the  defendant  has  ceased to be a victim of such trafficking OR
   44  COMPELLING PROSTITUTION CRIME or has sought services for victims of such
   45  trafficking OR COMPELLING  PROSTITUTION  CRIME,  subject  to  reasonable
   46  concerns  for the safety of the defendant, family members of the defend-
   47  ant, or other victims of such  trafficking  OR  COMPELLING  PROSTITUTION
   48  CRIME  that  may  be  jeopardized by the bringing of such motion, or for
   49  other reasons consistent with the purpose of this paragraph; and
   50    (ii) official documentation of the defendant's status as a  victim  of
   51  [sex]  trafficking, COMPELLING PROSTITUTION or trafficking in persons at
   52  the time of the offense from a federal, state or local government agency
   53  shall create a presumption that the  defendant's  participation  in  the
   54  offense was a result of having been a victim of sex trafficking, COMPEL-
   55  LING  PROSTITUTION  or trafficking in persons, but shall not be required
   56  for granting a motion under this paragraph.
       S. 5806                            26
    1    S 27. Intentionally omitted.
    2    S 28. Section 483-bb of the social services law is amended by adding a
    3  new subdivision (c) to read as follows:
    4    (C) AN INDIVIDUAL WHO IS A VICTIM OF THE CONDUCT PROHIBITED BY SECTION
    5  230.33,  230.34,  135.35  OR  135.37  OF THE PENAL LAW MAY BRING A CIVIL
    6  ACTION AGAINST THE PERPETRATOR OR WHOEVER KNOWINGLY ADVANCES OR  PROFITS
    7  FROM,  OR WHOEVER SHOULD HAVE KNOWN HE OR SHE WAS ADVANCING OR PROFITING
    8  FROM, AN ACT IN VIOLATION OF SECTION 230.33, 230.34, 135.35 OR 135.37 OF
    9  THE PENAL LAW TO RECOVER DAMAGES AND REASONABLE ATTORNEY'S FEES.
   10    S 29. Section 212 of the civil practice law and rules  is  amended  by
   11  adding a new subdivision (e) to read as follows:
   12    (E)  BY A VICTIM OF SEX TRAFFICKING, COMPELLING PROSTITUTION, OR LABOR
   13  TRAFFICKING. AN ACTION BY A VICTIM OF SEX TRAFFICKING, COMPELLING  PROS-
   14  TITUTION,  LABOR  TRAFFICKING  OR  AGGRAVATED LABOR TRAFFICKING, BROUGHT
   15  PURSUANT TO SUBDIVISION (C) OF SECTION FOUR HUNDRED  EIGHTY-THREE-BB  OF
   16  THE  SOCIAL  SERVICES  LAW, MAY BE COMMENCED WITHIN TEN YEARS AFTER SUCH
   17  VICTIMIZATION OCCURS PROVIDED, HOWEVER, THAT SUCH TEN YEAR PERIOD  SHALL
   18  NOT  BEGIN  TO  RUN  AND  SHALL BE TOLLED DURING ANY PERIOD IN WHICH THE
   19  VICTIM IS OR REMAINS SUBJECT TO SUCH CONDUCT.
   20    S 30. Subdivision (a) of section 483-cc of the social services law, as
   21  added by chapter 74 of the laws of 2007, is amended to read as follows:
   22    (a) As soon as practicable after a first encounter with a  person  who
   23  reasonably  appears  to a law enforcement agency [or a], district attor-
   24  ney's office, OR AN ESTABLISHED PROVIDER OF  SOCIAL  OR  LEGAL  SERVICES
   25  DESIGNATED  BY  THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE OR THE
   26  OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE OR THE OFFICE OF  VICTIMS
   27  SERVICES to be a human trafficking victim, that [agency or] LAW ENFORCE-
   28  MENT  AGENCY  OR  DISTRICT  ATTORNEY'S office shall notify the office of
   29  temporary and disability assistance and the division of criminal justice
   30  services that such person may be eligible for services under this  arti-
   31  cle  OR,  IN  THE  CASE  OF  AN  ESTABLISHED PROVIDER OF SOCIAL OR LEGAL
   32  SERVICES, SHALL NOTIFY THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE
   33  AND THE DIVISION OF CRIMINAL JUSTICE SERVICES IF SUCH VICTIM CONSENTS TO
   34  SEEKING SERVICES PURSUANT TO THIS ARTICLE.
   35    S 31. Intentionally omitted.
   36    S 32. Intentionally omitted.
   37    S 33. Subdivision (p) of section 10.03 of the mental hygiene  law,  as
   38  added by chapter 7 of the laws of 2007, is amended to read as follows:
   39    (p)  "Sex  offense"  means an act or acts constituting: (1) any felony
   40  defined in article one hundred thirty of  the  penal  law,  including  a
   41  sexually  motivated  felony;  (2)  patronizing a [prostitute] PERSON FOR
   42  PROSTITUTION in the first degree as defined in  section  230.06  of  the
   43  penal  law, AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE FIRST
   44  DEGREE AS DEFINED IN SECTION 230.13 OF THE PENAL LAW, AGGRAVATED PATRON-
   45  IZING A MINOR FOR PROSTITUTION  IN  THE  SECOND  DEGREE  AS  DEFINED  IN
   46  SECTION  230.12  OF  THE  PENAL  LAW, AGGRAVATED PATRONIZING A MINOR FOR
   47  PROSTITUTION IN THE THIRD DEGREE AS DEFINED IN  SECTION  230.11  OF  THE
   48  PENAL  LAW,  incest in the second degree as defined in section 255.26 of
   49  the penal law, or incest in the  first  degree  as  defined  in  section
   50  255.27  of  the  penal law; (3) a felony attempt or conspiracy to commit
   51  any of the foregoing offenses set forth in this subdivision;  or  (4)  a
   52  designated  felony,  as  defined  in subdivision (f) of this section, if
   53  sexually motivated and committed prior to the  effective  date  of  this
   54  article.
       S. 5806                            27
    1    S  34.  Subparagraph  (i) of paragraph (a) of subdivision 2 of section
    2  168-a of the correction law, as amended by chapter 405 of  the  laws  of
    3  2008, is amended to read as follows:
    4    (i)  a  conviction  of or a conviction for an attempt to commit any of
    5  the provisions of  sections  120.70,  130.20,  130.25,  130.30,  130.40,
    6  130.45, 130.60, 230.34, 250.50, 255.25, 255.26 and 255.27 or article two
    7  hundred  sixty-three of the penal law, or section 135.05, 135.10, 135.20
    8  or 135.25 of such law relating  to  kidnapping  offenses,  provided  the
    9  victim  of  such  kidnapping  or  related offense is less than seventeen
   10  years old and the offender is not the parent of the victim,  or  section
   11  230.04, where the person patronized is in fact less than seventeen years
   12  of  age,  230.05  [or], 230.06, [or] 230.11, 230.12, 230.13, subdivision
   13  two of section 230.30, [or] section 230.32 [or], 230.33,  OR  230.34  of
   14  the penal law, OR SECTION 230.25 OF THE PENAL LAW WHERE THE PERSON PROS-
   15  TITUTED IS IN FACT LESS THAN SEVENTEEN YEARS OLD, or
   16    S  35.  Paragraph  (b)  of  subdivision  1  of  section  168-d  of the
   17  correction law, as amended by chapter 74 of the laws of 2007, is amended
   18  to read as follows:
   19    (b) Where a defendant stands convicted of an offense defined in  para-
   20  graph  (b)  of  subdivision  two of section one hundred sixty-eight-a of
   21  this article or where the  defendant  was  convicted  of  patronizing  a
   22  [prostitute]  PERSON  FOR PROSTITUTION in the third degree under section
   23  230.04 of the penal law and the defendant controverts an allegation that
   24  the victim of such offense was less than eighteen years of  age  or,  in
   25  the  case  of  a  conviction under section 230.04 of the penal law, less
   26  than seventeen years of age, the court, without a jury, shall, prior  to
   27  sentencing,  conduct  a  hearing,  and the people may prove by clear and
   28  convincing evidence that the victim was less  than  eighteen  years  [of
   29  age]  OLD  or  less than seventeen years [of age] OLD, as applicable, by
   30  any evidence admissible under the rules applicable to  a  trial  of  the
   31  issue  of  guilt.  The court in addition to such admissible evidence may
   32  also consider  reliable  hearsay  evidence  submitted  by  either  party
   33  provided  that  it  is  relevant  to the determination of the age of the
   34  victim. Facts concerning the age of the victim proven at trial or ascer-
   35  tained at the time of entry of a plea of guilty shall be  deemed  estab-
   36  lished by clear and convincing evidence and shall not be relitigated. At
   37  the  conclusion  of the hearing, or if the defendant does not controvert
   38  an allegation that the victim of the  offense  was  less  than  eighteen
   39  years  [of age] OLD or less than seventeen years [of age] OLD, as appli-
   40  cable, the court must make a finding and enter an  order  setting  forth
   41  the  age  of  the  victim.  If  the  court finds that the victim of such
   42  offense was under eighteen years [of age] OLD or under  seventeen  years
   43  [of  age] OLD, as applicable, the court shall certify the defendant as a
   44  sex offender, the provisions of paragraph (a) of this subdivision  shall
   45  apply  and  the defendant shall register with the division in accordance
   46  with the provisions of this article.
   47    S 36. Paragraph (c) of subdivision 4 of section 509-cc of the  vehicle
   48  and  traffic  law,  as  amended  by  chapter 400 of the laws of 2011, is
   49  amended to read as follows:
   50    (c) The offenses referred to in subparagraph (i) of paragraph  (b)  of
   51  subdivision one and subparagraph (i) of paragraph (c) of subdivision two
   52  of  this  section  that  result in disqualification for a period of five
   53  years shall include a conviction under sections 100.10, 105.13,  115.05,
   54  120.03,  120.04,  120.04-a,  120.05,  120.10,  120.25,  121.12,  121.13,
   55  125.40, 125.45, 130.20, 130.25, 130.52, 130.55, 135.10, 135.55,  140.17,
   56  140.25,  140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06, 220.09,
       S. 5806                            28
    1  220.16, 220.31, 220.34, 220.60, 220.65, 221.30, 221.50, 221.55,  230.00,
    2  230.05,  230.06, 230.11, 230.12, 230.13, 230.19, 230.20, 235.05, 235.06,
    3  235.07, 235.21, 240.06,  245.00,  260.10,  subdivision  two  of  section
    4  260.20  and  sections  260.25,  265.02,  265.03, 265.08, 265.09, 265.10,
    5  265.12, 265.35 of the penal law or an attempt to commit any of the afor-
    6  esaid offenses under section 110.00 of the penal  law,  or  any  similar
    7  offenses  committed  under  a  former  section  of the penal law, or any
    8  offenses committed under a former section of the penal law  which  would
    9  constitute violations of the aforesaid sections of the penal law, or any
   10  offenses  committed outside this state which would constitute violations
   11  of the aforesaid sections of the penal law.
   12    S 36-a. The vehicle and traffic law is amended by adding a new section
   13  510-d to read as follows:
   14    S 510-D. SUSPENSION AND REVOCATION OF CLASS E DRIVER'S LICENSES. 1.  A
   15  CLASS  E  DRIVER'S  LICENSE SHALL BE SUSPENDED BY THE COMMISSIONER FOR A
   16  PERIOD OF ONE YEAR WHERE THE HOLDER  IS  CONVICTED  OF  A  VIOLATION  OF
   17  SECTION  230.20,  230.25,  230.30, 230.32, 230.34 OR 230.40 OF THE PENAL
   18  LAW AND THE HOLDER USED A FOR HIRE MOTOR VEHICLE TO COMMIT SUCH CRIME.
   19    2. A CLASS E DRIVER'S LICENSE MAY BE REVOKED BY THE COMMISSIONER  WHEN
   20  THE HOLDER, WHO HAD HIS OR HER DRIVER'S LICENSE SUSPENDED UNDER SUBDIVI-
   21  SION  ONE  OF  THIS SECTION WITHIN THE LAST TEN YEARS, IS CONVICTED OF A
   22  SECOND VIOLATION OF SECTION 230.20, 230.25, 230.30,  230.32,  230.34  OR
   23  230.40  OF THE PENAL LAW AND THE HOLDER USED A FOR HIRE MOTOR VEHICLE TO
   24  COMMIT SUCH CRIME.
   25    3. ANY REVOCATION OR SUSPENSION OF A CLASS E DRIVER'S  LICENSE  ISSUED
   26  PURSUANT TO THIS ARTICLE SHALL BE APPLICABLE ONLY TO THAT PORTION OF THE
   27  HOLDER'S  DRIVER'S LICENSE OR PRIVILEGE WHICH PERMITS THE OPERATION OF A
   28  MOTOR VEHICLE TRANSPORTING PASSENGERS FOR  HIRE,  AND  THE  COMMISSIONER
   29  SHALL  IMMEDIATELY  ISSUE  A  LICENSE,  OTHER  THAN  A  CLASS E DRIVER'S
   30  LICENSE, TO SUCH PERSON, PROVIDED THAT SUCH PERSON IS OTHERWISE ELIGIBLE
   31  TO RECEIVE SUCH LICENSE AND FURTHER PROVIDED THAT ISSUING A  LICENSE  TO
   32  SUCH PERSON DOES NOT CREATE A SUBSTANTIAL TRAFFIC SAFETY HAZARD.
   33    4.  THE  PROVISIONS  OF THIS SECTION SHALL NOT BE CONSTRUED TO PREVENT
   34  ANY PERSON WHO HAS THE AUTHORITY TO SUSPEND OR REVOKE A LICENSE TO DRIVE
   35  OR PRIVILEGE OF OPERATING PURSUANT TO SECTION FIVE HUNDRED TEN  OF  THIS
   36  ARTICLE FROM EXERCISING ANY SUCH AUTHORITY.
   37    S  37.  Section 2324-a of the public health law, as amended by chapter
   38  260 of the laws of 1978, is amended to read as follows:
   39    S 2324-a. Presumptive evidence.  For the purposes of this  title,  two
   40  or more convictions of any person or persons had, within a period of one
   41  year,  for  any  of  the  offenses  described in section 230.00, 230.05,
   42  230.06, 230.08, 230.11, 230.12, 230.13, 230.20, 230.25 [or],  230.30  OR
   43  230.32  of  the  penal law arising out of conduct engaged in at the same
   44  real property consisting of a dwelling as that term is defined in subdi-
   45  vision four of section four  of  the  multiple  dwelling  law  shall  be
   46  presumptive  evidence  of  conduct  constituting use of the premises for
   47  purposes of prostitution.
   48    S 38. Subdivision 2 of section 715 of the real  property  actions  and
   49  proceedings law, as added by chapter 494 of the laws of 1976, is amended
   50  to read as follows:
   51    2. For purposes of this section, two or more convictions of any person
   52  or  persons  had,  within  a period of one year, for any of the offenses
   53  described in section 230.00, 230.05,  230.06,  230.11,  230.12,  230.13,
   54  230.20, 230.25, 230.30, 230.32 or 230.40 of the penal law arising out of
   55  conduct engaged in at the same real property consisting of a dwelling as
   56  that term is defined in subdivision four of section four of the multiple
       S. 5806                            29
    1  dwelling  law  shall be presumptive evidence of conduct constituting use
    2  of the premises for purposes of prostitution.
    3    S  39.  Subdivision  3  of  section  231  of the real property law, as
    4  amended by chapter 203 of the laws  of  1980,  is  amended  to  read  as
    5  follows:
    6    3.  For  the  purposes of this section, two or more convictions of any
    7  person or persons had, within a period of  one  year,  for  any  of  the
    8  offenses  described  in  section 230.00, 230.05, 230.06, 230.11, 230.12,
    9  230.13, 230.20, 230.25, 230.30, 230.32 or 230.40 of the penal law  aris-
   10  ing  out  of  conduct  engaged  in  at the same premises consisting of a
   11  dwelling as that term is defined in subdivision four of section four  of
   12  the  multiple dwelling law shall be presumptive evidence of unlawful use
   13  of such premises and of the owners knowledge of the same.
   14    S 40. Subdivision 3 of section 840 of the executive law is amended  by
   15  adding a new paragraph (f-1) to read as follows:
   16    (F-1)  DEVELOP,  MAINTAIN  AND  DISSEMINATE,  IN CONSULTATION WITH THE
   17  OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE AND THE DIVISION OF CRIMI-
   18  NAL JUSTICE SERVICES, WRITTEN POLICIES AND  PROCEDURES  REGARDING  HUMAN
   19  TRAFFICKING VICTIMS. SUCH POLICIES AND PROCEDURES SHALL INCLUDE, BUT NOT
   20  BE LIMITED TO THE FOLLOWING: (1) THE IDENTIFICATION OF POTENTIAL VICTIMS
   21  OF   HUMAN   TRAFFICKING,   AS   DEFINED   UNDER  SECTION  FOUR  HUNDRED
   22  EIGHTY-THREE-AA OF THE SOCIAL SERVICES LAW; AND (2)  INFORMATION  AND/OR
   23  REFERRAL  TO  APPROPRIATE SOCIAL AND LEGAL SERVICES FOR VICTIMS OF HUMAN
   24  TRAFFICKING IN ACCORDANCE WITH SECTION FOUR HUNDRED  EIGHTY-THREE-BB  OF
   25  THE SOCIAL SERVICES LAW;
   26    S  41.  The  executive law is amended by adding a new section 214-d to
   27  read as follows:
   28    S 214-D. HUMAN TRAFFICKING AWARENESS. THE SUPERINTENDENT, IN CONSULTA-
   29  TION WITH THE OFFICE OF TEMPORARY  AND  DISABILITY  ASSISTANCE  AND  THE
   30  DIVISION  OF CRIMINAL JUSTICE SERVICES, SHALL: (1) DEVELOP, MAINTAIN AND
   31  DISSEMINATE TO ALL MEMBERS OF THE STATE POLICE, INCLUDING NEW AND VETER-
   32  AN OFFICERS, WRITTEN  POLICIES,  PROCEDURES  AND  EDUCATIONAL  MATERIALS
   33  RELATING  TO HUMAN TRAFFICKING VICTIMS, INCLUDING SERVICES AVAILABLE FOR
   34  VICTIMS OF HUMAN TRAFFICKING, AS  REFERENCED  IN  SECTION  FOUR  HUNDRED
   35  EIGHTY-THREE-BB OF THE SOCIAL SERVICES LAW; AND (2) ESTABLISH AND IMPLE-
   36  MENT  WRITTEN PROCEDURES AND POLICIES IN THE EVENT A MEMBER OF THE DIVI-
   37  SION OF STATE POLICE ENCOUNTERS AN INDIVIDUAL BELIEVED TO BE A VICTIM OF
   38  HUMAN TRAFFICKING, WHICH SHALL INCLUDE,  BUT  NOT  BE  LIMITED  TO,  THE
   39  PROVISION  OF  INFORMATION AND/OR REFERRAL TO AN APPROPRIATE PROVIDER OF
   40  SOCIAL AND LEGAL SERVICES TO HUMAN TRAFFICKING  VICTIMS,  IN  ACCORDANCE
   41  WITH SUCH SECTION FOUR HUNDRED EIGHTY-THREE-BB.
   42    S  42.  Section  120.90  of  the  criminal procedure law is amended by
   43  adding a new subdivision 9 to read as follows:
   44    9. UPON TAKING A PERSON INTO CUSTODY PURSUANT TO A WARRANT  OF  ARREST
   45  FOR  AN  ACT  WHICH  WOULD  CONSTITUTE  A VIOLATION OF SECTION 230.00 OR
   46  SUBDIVISION TWO OF SECTION 240.37 OF THE PENAL LAW,  A  POLICE  OFFICER,
   47  AFTER PERFORMING WITHOUT UNNECESSARY DELAY ALL RECORDING, FINGERPRINTING
   48  AND  OTHER  PRELIMINARY  POLICE  DUTIES  REQUIRED IN THE PARTICULAR CASE
   49  SHALL BRING THE ARRESTED PERSON OR  CAUSE  SUCH  PERSON  TO  BE  BROUGHT
   50  BEFORE  A  LOCAL  CRIMINAL  COURT. IF THE LOCAL CRIMINAL COURT IS NOT IN
   51  SESSION, THEN THE ARRESTING OFFICER MAY TAKE SUCH PERSON, IF SUCH PERSON
   52  IS OTHERWISE ELIGIBLE, TO AN AVAILABLE SHORT-TERM SAFE HOUSE, AS DEFINED
   53  IN SUBDIVISION TWO OF SECTION FOUR HUNDRED FORTY-SEVEN-A OF  THE  SOCIAL
   54  SERVICES LAW.
   55    S  43.  Section  140.20  of  the  criminal procedure law is amended by
   56  adding a new subdivision 8 to read as follows:
       S. 5806                            30
    1    8. UPON TAKING A PERSON INTO CUSTODY FOR AN ACT WHICH WOULD CONSTITUTE
    2  A VIOLATION OF SECTION 230.00 OR SUBDIVISION TWO OF  SECTION  240.37  OF
    3  THE  PENAL  LAW,  A POLICE OFFICER, AFTER PERFORMING WITHOUT UNNECESSARY
    4  DELAY ALL RECORDING, FINGERPRINTING AND OTHER PRELIMINARY POLICE  DUTIES
    5  REQUIRED IN THE PARTICULAR CASE SHALL BRING THE ARRESTED PERSON OR CAUSE
    6  SUCH  PERSON TO BE BROUGHT BEFORE A LOCAL CRIMINAL COURT AND FILE THERE-
    7  WITH AN APPROPRIATE ACCUSATORY INSTRUMENT. IF THE LOCAL  CRIMINAL  COURT
    8  IS  NOT  IN SESSION, THEN THE ARRESTING OFFICER MAY TAKE SUCH PERSON, IF
    9  SUCH PERSON IS OTHERWISE  ELIGIBLE,  TO  AN  AVAILABLE  SHORT-TERM  SAFE
   10  HOUSE,  AS DEFINED IN SUBDIVISION TWO OF SECTION FOUR HUNDRED FORTY-SEV-
   11  EN-A OF THE SOCIAL SERVICES LAW.
   12    S 44. Section 170.10 of the  criminal  procedure  law  is  amended  by
   13  adding three new subdivisions 10, 11 and 12 to read as follows:
   14    10.  UPON  ARRAIGNMENT OF A PERSON WHO IS CHARGED WITH PROSTITUTION AS
   15  DEFINED IN SECTION 230.00  OF  THE  PENAL  LAW,  OR  LOITERING  FOR  THE
   16  PURPOSES OF PROSTITUTION AS DEFINED IN SUBDIVISION TWO OF SECTION 240.37
   17  OF  THE  PENAL LAW, IF A PERSON SO ARRESTED MAY BE TREATED AS A SEXUALLY
   18  EXPLOITED CHILD PURSUANT TO SECTION FOUR HUNDRED  FORTY-SEVEN-A  OF  THE
   19  SOCIAL  SERVICES  LAW,  AND  IF  THE  COURT  SO DETERMINES, IT MAY ORDER
   20  SPECIALIZED SERVICES ENUMERATED IN SUBDIVISIONS  TWO,  THREE,  FOUR  AND
   21  FIVE  OF  SECTION  FOUR HUNDRED FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW
   22  FOR A PERIOD TO BE DETERMINED BY THE COURT, UPON  THE  CONSENT  OF  SUCH
   23  PERSON.
   24    11.  UPON  ARRAIGNMENT OF A PERSON WHO IS CHARGED WITH PROSTITUTION AS
   25  DEFINED IN SECTION 230.00  OF  THE  PENAL  LAW,  OR  LOITERING  FOR  THE
   26  PURPOSES OF PROSTITUTION AS DEFINED IN SUBDIVISION TWO OF SECTION 240.37
   27  OF  THE  PENAL  LAW  A PERSON TWENTY-FIVE YEARS OF AGE OR YOUNGER MAY BE
   28  TREATED AS A HUMAN TRAFFICKING VICTIM AS DEFINED IN SUBDIVISION  (A)  OF
   29  SECTION  FOUR HUNDRED EIGHTY-THREE-AA OF THE SOCIAL SERVICES LAW IF SUCH
   30  PERSON IS SO CERTIFIED PURSUANT TO SECTION FOUR HUNDRED  EIGHTY-THREE-CC
   31  OF  THE  SOCIAL  SERVICES  LAW. IF THE COURT SO DETERMINES, IT MAY ORDER
   32  SERVICES AS MAY BE AVAILABLE PURSUANT TO ARTICLE  TEN-D  OF  THE  SOCIAL
   33  SERVICES LAW, UPON THE CONSENT OF SUCH PERSON.
   34    12.  NOTHING  IN  SUBDIVISION  TEN  OR  ELEVEN  OF  THIS SECTION SHALL
   35  PRECLUDE THE COURT FROM DISMISSING  SUCH  A  CASE  IN  THE  INTEREST  OF
   36  JUSTICE  PURSUANT  TO PARAGRAPH (G) OF SUBDIVISION ONE OF SECTION 170.30
   37  OF THIS ARTICLE WITHOUT ORDERING SPECIALIZED SERVICES AS AFORESAID.
   38    S 45. Section 170.30 of the  criminal  procedure  law  is  amended  by
   39  adding a new subdivision 4 to read as follows:
   40    4.  AFTER ARRAIGNMENT UPON AN INFORMATION, A SIMPLIFIED INFORMATION, A
   41  PROSECUTOR'S INFORMATION OR A MISDEMEANOR COMPLAINT, THE LOCAL  CRIMINAL
   42  COURT  SHALL  DISMISS  SUCH  INSTRUMENT  ON  THE GROUNDS THAT A SEXUALLY
   43  EXPLOITED CHILD OR HUMAN TRAFFICKING VICTIM ACCUSED OF  PROSTITUTION  AS
   44  DEFINED IN SECTION 230.00 OF THE PENAL LAW OR LOITERING FOR THE PURPOSES
   45  OF  PROSTITUTION  AS DEFINED IN SUBDIVISION TWO OF SECTION 240.37 OF THE
   46  PENAL LAW COOPERATED WITH SERVICES ORDERED  BY  THE  COURT  PURSUANT  TO
   47  SUBDIVISION  TEN  OR  ELEVEN OF SECTION 170.10 OF THIS ARTICLE, PROVIDED
   48  THAT SUCH SEXUALLY EXPLOITED CHILD OR HUMAN TRAFFICKING VICTIM DOES  NOT
   49  STAND CONVICTED OF A VIOLENT FELONY OFFENSE AS DEFINED IN SECTION 70.02,
   50  AN  OFFENSE  DEFINED IN ARTICLE ONE HUNDRED THIRTY, LABOR TRAFFICKING AS
   51  DEFINED IN SECTION 135.35, AGGRAVATED LABOR TRAFFICKING  AS  DEFINED  IN
   52  SECTION  135.37,  ANY  DEGREE  OF  PROMOTING  PROSTITUTION OR AGGRAVATED
   53  PATRONIZING A MINOR FOR PROSTITUTION  DEFINED  IN  ARTICLE  TWO  HUNDRED
   54  THIRTY,  COMPELLING  PROSTITUTION  AS  DEFINED  IN SECTION 230.33 OR SEX
   55  TRAFFICKING AS DEFINED IN SECTION 230.34 OF THE PENAL LAW.
       S. 5806                            31
    1    S 46. This act shall take effect on the ninetieth day after  it  shall
    2  have become a law.
    3                                   PART I
    4    Section  1.  Subdivision  21-e of section 292 of the executive law, as
    5  added by chapter 269 of the laws of 1997, is amended and a new  subdivi-
    6  sion 21-f is added to read as follows:
    7    21-e.  The  term  "reasonable accommodation" means actions taken which
    8  permit an employee, prospective employee or member with a disability, OR
    9  A PREGNANCY-RELATED CONDITION, to perform in  a  reasonable  manner  the
   10  activities involved in the job or occupation sought or held and include,
   11  but are not limited to, provision of an accessible worksite, acquisition
   12  or modification of equipment, support services for persons with impaired
   13  hearing  or  vision,  job  restructuring  and  modified  work schedules;
   14  provided, however, that such actions do not impose an undue hardship  on
   15  the  business,  program or enterprise of the entity from which action is
   16  requested.
   17    21-F. THE TERM "PREGNANCY-RELATED CONDITION" MEANS A MEDICAL CONDITION
   18  RELATED TO PREGNANCY OR CHILDBIRTH  THAT  INHIBITS  THE  EXERCISE  OF  A
   19  NORMAL BODILY FUNCTION OR IS DEMONSTRABLE BY MEDICALLY ACCEPTED CLINICAL
   20  OR  LABORATORY  DIAGNOSTIC  TECHNIQUES;  PROVIDED,  HOWEVER, THAT IN ALL
   21  PROVISIONS OF THIS ARTICLE DEALING WITH EMPLOYMENT, THE  TERM  SHALL  BE
   22  LIMITED  TO  CONDITIONS WHICH, UPON THE PROVISION OF REASONABLE ACCOMMO-
   23  DATIONS, DO NOT PREVENT THE COMPLAINANT FROM PERFORMING IN A  REASONABLE
   24  MANNER  THE ACTIVITIES INVOLVED IN THE JOB OR OCCUPATION SOUGHT OR HELD;
   25  AND PROVIDED FURTHER, HOWEVER, THAT PREGNANCY-RELATED  CONDITIONS  SHALL
   26  BE TREATED AS TEMPORARY DISABILITIES FOR THE PURPOSES OF THIS ARTICLE.
   27    S  2.  Paragraph  (a) of subdivision 3 of section 296 of the executive
   28  law, as added by chapter 269 of the laws of 1997, is amended and two new
   29  paragraphs (c) and (d) are added to read as follows:
   30    (a) It shall be an unlawful discriminatory practice for  an  employer,
   31  licensing  agency,  employment agency or labor organization to refuse to
   32  provide reasonable accommodations to the known disabilities, OR PREGNAN-
   33  CY-RELATED CONDITIONS, of an employee, prospective employee or member in
   34  connection with a job or occupation sought or held or participation in a
   35  training program.
   36    (C) THE EMPLOYEE MUST COOPERATE IN PROVIDING MEDICAL OR OTHER INFORMA-
   37  TION THAT IS NECESSARY TO VERIFY THE  EXISTENCE  OF  THE  DISABILITY  OR
   38  PREGNANCY-RELATED  CONDITION,  OR THAT IS NECESSARY FOR CONSIDERATION OF
   39  THE ACCOMMODATION. THE EMPLOYEE HAS A RIGHT TO HAVE SUCH MEDICAL  INFOR-
   40  MATION KEPT CONFIDENTIAL.
   41    (D)  NOTHING  IN THIS SUBDIVISION REGARDING "REASONABLE ACCOMMODATION"
   42  OR IN PART D OF THE CHAPTER OF THE LAWS OF TWO THOUSAND  THIRTEEN  WHICH
   43  ADDED  THIS  PARAGRAPH SHALL ALTER, DIMINISH, INCREASE, OR CREATE NEW OR
   44  ADDITIONAL REQUIREMENTS TO ACCOMMODATE  PROTECTED  CLASSES  PURSUANT  TO
   45  THIS  ARTICLE  OTHER  THAN THE ADDITIONAL REQUIREMENTS AS EXPLICITLY SET
   46  FORTH IN SUCH CHAPTER OF THE LAWS OF TWO THOUSAND THIRTEEN.
   47    S 3. This act shall take effect on the one hundred eightieth day after
   48  it shall have become a law.
   49                                   PART J
   50    Section 1. The civil service law is amended by adding  a  new  section
   51  153 to read as follows:
       S. 5806                            32
    1    S  153.  WAGE  DISCRIMINATION  BY  SEX PROHIBITED.   1. IT SHALL BE AN
    2  UNLAWFUL DISCRIMINATORY PRACTICE FOR ANY PUBLIC EMPLOYER IN  THIS  STATE
    3  TO  DISCRIMINATE BETWEEN EMPLOYEES IN ITS EMPLOY ON THE BASIS OF SEX, BY
    4  COMPENSATING ANY EMPLOYEE IN ANY OCCUPATION AT A  SALARY  OR  RATE  LESS
    5  THAN THE SALARY OR RATE AT WHICH OTHER EMPLOYEES OF THE OPPOSITE SEX ARE
    6  COMPENSATED FOR POSITIONS OR TITLES WHICH HAVE COMPARABLE WORTH AS MEAS-
    7  URED  BY  THE  SKILL, EFFORT AND RESPONSIBILITY NORMALLY REQUIRED IN THE
    8  PERFORMANCE OF WORK AND THE CONDITIONS UNDER WHICH THE WORK IS  NORMALLY
    9  PERFORMED.
   10    2. NOTHING IN SUBDIVISION ONE OF THIS SECTION SHALL PROHIBIT DIFFERING
   11  COMPENSATION TO EMPLOYEES WHERE SUCH COMPENSATION IS CALCULATED PURSUANT
   12  TO A BONA FIDE SENIORITY SYSTEM.
   13    3. A PUBLIC EMPLOYER WHO IS IN VIOLATION OF THIS SECTION SHALL NOT, IN
   14  ORDER  TO  COMPLY  WITH  THIS  SECTION,  REDUCE  THE COMPENSATION OF ANY
   15  EMPLOYEE OR REDUCE THE RATE OF COMPENSATION FOR ANY POSITION.
   16    4. AN AGREEMENT BY ANY EMPLOYEE TO WORK FOR LESS THAN THE COMPENSATION
   17  TO WHICH THE EMPLOYEE IS ENTITLED UNDER THIS SECTION SHALL NOT BE A  BAR
   18  TO  ANY  ACTION  TO  WHICH  THE  EMPLOYEE WOULD OTHERWISE BE ENTITLED TO
   19  ENFORCE THE PROVISIONS OF THIS SECTION.
   20    5. NOTHING SET FORTH IN THIS SECTION SHALL  BE  CONSTRUED  TO  IMPEDE,
   21  INFRINGE  OR  DIMINISH THE RIGHTS AND BENEFITS WHICH ACCRUE TO EMPLOYEES
   22  THROUGH BONA FIDE COLLECTIVE BARGAINING AGREEMENTS, OR OTHERWISE  DIMIN-
   23  ISH THE INTEGRITY OF THE EXISTING COLLECTIVE BARGAINING RELATIONSHIP.
   24    6.  NO  PUBLIC  EMPLOYER  SHALL  BE  FOUND  TO BE IN VIOLATION OF THIS
   25  SECTION FOR COMPENSATING EMPLOYEES OF DIFFERENT  SEXES  DIFFERENTLY  FOR
   26  WORK  THAT IS OF COMPARABLE WORTH DURING THE THREE YEAR PERIOD BEGINNING
   27  ON THE EFFECTIVE DATE OF THIS SECTION, PROVIDED SUCH EMPLOYER HAS INSTI-
   28  TUTED A PLAN THAT WILL LEAD TO COMPLIANCE WITH THIS SECTION  AFTER  SUCH
   29  THREE YEAR PERIOD EXPIRES.
   30    7.  AS USED IN THIS SECTION, THE TERM PUBLIC OFFICER OR EMPLOYEE SHALL
   31  NOT INCLUDE THOSE EMPLOYEES IN  THE  UNCLASSIFIED  SERVICE  PURSUANT  TO
   32  SECTION  THIRTY-FIVE  OF  THIS  CHAPTER,  EMPLOYEES DEEMED MANAGERIAL OR
   33  CONFIDENTIAL UNDER ARTICLE FOURTEEN OF THIS CHAPTER AND THE OFFICERS  OR
   34  EMPLOYEES  OF  MUNICIPALITIES  OR  OTHER  POLITICAL  SUBDIVISIONS OF THE
   35  STATE.
   36    S 2. This act shall take effect on the ninetieth day  after  it  shall
   37  have become a law.
   38                                   PART K
   39    Section  1.  Subdivision 9 of section 201 of the workers' compensation
   40  law is amended by adding a new paragraph C to read as follows:
   41    C. "DISABILITY" ALSO INCLUDES CHILD CARE, AS  DEFINED  IN  SUBDIVISION
   42  FIFTEEN OF THIS SECTION.
   43    S  2.  Subdivision 14 of section 201 of the workers' compensation law,
   44  as added by chapter 600 of the laws of 1949 and as renumbered by chapter
   45  438 of the laws of 1964, is amended to read as follows:
   46    14. "A day of disability" means any day  on  which  the  employee  was
   47  prevented  from performing work because of disability, INCLUDING ANY DAY
   48  WHICH THE EMPLOYEE USES FOR CHILD CARE, and for which [he] THE  EMPLOYEE
   49  has not received his OR HER regular remuneration.
   50    S 3. Section 201 of the workers' compensation law is amended by adding
   51  two new subdivisions 15 and 16 to read as follows:
   52    15.  "CHILD  CARE" SHALL MEAN ANY LEAVE TAKEN BY AN EMPLOYEE FROM WORK
   53  TO BOND WITH THE EMPLOYEE'S CHILD DURING THE FIRST TWELVE  MONTHS  AFTER
       S. 5806                            33
    1  THE CHILD'S BIRTH, OR THE FIRST TWELVE MONTHS AFTER THE PLACEMENT OF THE
    2  CHILD FOR ADOPTION OR FOSTER CARE WITH THE EMPLOYEE.
    3    16. "CHILD" MEANS A BIOLOGICAL, ADOPTED OR FOSTER CHILD WHO IS:
    4    A. LESS THAN EIGHTEEN YEARS OF AGE; OR
    5    B.  EIGHTEEN  YEARS OF AGE OR OLDER AND INCAPABLE OF SELF-CARE BECAUSE
    6  OF A MENTAL OR PHYSICAL DISABILITY.
    7    S 4. Section 202 of the workers' compensation law is amended by adding
    8  a new subdivision 1-a to read as follows:
    9    1-A. SOLELY FOR THE PURPOSES OF THE PROVISIONS OF THIS ARTICLE  RELAT-
   10  ING  TO  THE  PROVISION  OF  BENEFITS, RIGHTS AND PRIVILEGES RELATING TO
   11  CHILD CARE LEAVE, "COVERED EMPLOYER" SHALL  INCLUDE  THE  STATE  OR  ANY
   12  POLITICAL OR CIVIL SUBDIVISION THEREOF.
   13    S 5. Section 204 of the workers' compensation law is amended by adding
   14  a new subdivision 3 to read as follows:
   15    3.  THE  WEEKLY BENEFIT WHICH AN EMPLOYEE ON CHILD CARE LEAVE IS ENTI-
   16  TLED TO RECEIVE SHALL BE FIFTY PERCENT OF THE EMPLOYEE'S AVERAGE  WEEKLY
   17  WAGE,  BUT  IN  NO  CASE  SHALL  SUCH BENEFIT EXCEED FOUR HUNDRED TWENTY
   18  DOLLARS FOR EACH WEEK DURING SUCH CHILD CARE LEAVE.
   19    S 6. Subdivisions 1, 2, 3, 4 and 8 of  section  205  of  the  workers'
   20  compensation law, subdivision 1 as amended by chapter 651 of the laws of
   21  1958,  subdivision  2  as amended by chapter 270 of the laws of 1990 and
   22  subdivisions 3, 4 and 8 as added by chapter 600 of the laws of 1949  and
   23  as  renumbered by chapter 352 of the laws of 1981, are amended and a new
   24  subdivision 9 is added to read as follows:
   25    1. (A) For DISABILITY RESULTING FROM INJURY, SICKNESS OR PREGNANCY  OF
   26  AN EMPLOYEE, FOR more than twenty-six weeks during a period of fifty-two
   27  consecutive calendar weeks or during any one period of disability; OR
   28    (B)  FOR CHILD CARE, FOR MORE THAN SIX WEEKS DURING A PERIOD OF FIFTY-
   29  TWO CONSECUTIVE CALENDAR WEEKS OR DURING ANY ONE PERIOD OF FAMILY CARE;
   30    2. for any period of disability RESULTING FROM THE INJURY, SICKNESS OR
   31  PREGNANCY OF AN EMPLOYEE during which an employee is not under the  care
   32  of  a  duly  licensed  physician or with respect to disability resulting
   33  from a condition of the foot which may lawfully be  treated  by  a  duly
   34  registered  and  licensed  podiatrist  of  the state of New York or with
   35  respect to a disability resulting from a condition which may lawfully be
   36  treated by a duly registered and licensed chiropractor of the  state  of
   37  New  York  or  with  respect  to a disability resulting from a condition
   38  which may lawfully be treated by a duly licensed dentist of the state of
   39  New York or with respect to a  disability  resulting  from  a  condition
   40  which may lawfully be treated by a duly registered and licensed psychol-
   41  ogist of the state of New York or with respect to a disability resulting
   42  from a condition which may lawfully be treated by a duly certified nurse
   43  midwife,  for  any period of such disability during which an employee is
   44  neither under the care of a physician nor a podiatrist, nor a chiroprac-
   45  tor, nor a dentist, nor a psychologist, nor a certified  nurse  midwife;
   46  and for any period of disability during which an employee who adheres to
   47  the  faith or teachings of any church or denomination and who in accord-
   48  ance with its creed, tenets or principles depends for healing upon pray-
   49  er through spiritual means alone in the practice  of  religion,  is  not
   50  under the care of a practitioner duly accredited by the church or denom-
   51  ination,  and  provided such employee shall submit to all physical exam-
   52  inations as required by this chapter[.];
   53    3. for any disability RESULTING FROM INJURY OR SICKNESS OF AN EMPLOYEE
   54  occasioned by the wilful intention of the employee to bring about injury
   55  to or the sickness of himself or another, or resulting from  any  injury
       S. 5806                            34
    1  or  sickness sustained in the perpetration by the employee of an illegal
    2  act;
    3    4.  for any day of disability during which the employee performed work
    4  for remuneration or profit; BUT NOT INCLUDING ANY REMUNERATION  RECEIVED
    5  FOR CARING FOR A FOSTER OR ADOPTED CHILD OR OTHER INDIVIDUAL RESIDING IN
    6  THE EMPLOYEE'S PLACE OF RESIDENCE;
    7    8.  for any disability RESULTING FROM AN INJURY, SICKNESS OR PREGNANCY
    8  OF THE EMPLOYEE commencing before the employee becomes eligible to bene-
    9  fits hereunder [or commencing prior  to  July  first,  nineteen  hundred
   10  fifty,  but  this  shall not preclude benefits for recurrence after July
   11  first, nineteen hundred fifty, of a disability commencing  prior  there-
   12  to.];
   13    9. FOR ANY DAY OF ABSENCE FROM WORK REQUIRED PURSUANT TO ANY DISCIPLI-
   14  NARY  PROCESS;  OR, IN REGARD TO CHILD CARE BENEFITS, ANY DAY OF ABSENCE
   15  FROM WORK RESULTING FROM INJURY, SICKNESS OR PREGNANCY OF THE  EMPLOYEE,
   16  INCLUDING ANY LEAVE TAKEN UNDER SECTION SEVENTY-THREE OR SEVENTY-FIVE OF
   17  THE CIVIL SERVICE LAW.
   18    S  7. The workers' compensation law is amended by adding a new section
   19  205-a to read as follows:
   20    S 205-A. RELATIONSHIP BETWEEN DISABILITY BENEFITS FOR CHILD  CARE  AND
   21  FOR  THE  EMPLOYEE'S  OWN INJURY, SICKNESS OR PREGNANCY.  THE RECEIPT OF
   22  BENEFITS FOR DISABILITY RESULTING FROM INJURY, SICKNESS OR PREGNANCY  OF
   23  THE  EMPLOYEE, SHALL NOT COUNT TOWARD ANY TIME LIMITATION UNDER SUBDIVI-
   24  SION ONE OF SECTION TWO HUNDRED FIVE OF THIS ARTICLE ON THE  RECEIPT  OF
   25  BENEFITS  FOR  CHILD  CARE,  AND  THE RECEIPT OF BENEFITS FOR CHILD CARE
   26  SHALL NOT COUNT TOWARD ANY TIME  LIMITATION  UNDER  SUBDIVISION  ONE  OF
   27  SECTION  TWO HUNDRED FIVE OF THIS ARTICLE ON THE RECEIPT OF BENEFITS FOR
   28  DISABILITY RESULTING FROM INJURY, SICKNESS OR PREGNANCY TO THE EMPLOYEE,
   29  EXCEPT THAT AN EMPLOYEE MAY RECEIVE  DISABILITY  BENEFITS  ON  ONLY  ONE
   30  CLAIM AT ANY TIME.
   31    S 8. Subdivision 3 of section 209 of the workers' compensation law, as
   32  amended  by  chapter  415  of  the  laws  of 1983, is amended to read as
   33  follows:
   34    3. The contribution of each such employee to the  cost  of  disability
   35  benefits provided by this article shall be one-half of one per centum of
   36  the  employee's  wages  paid  to  him  on and after July first, nineteen
   37  hundred fifty, but not in excess of sixty cents per week FOR THE COST OF
   38  DISABILITY BENEFITS FOR INJURY, SICKNESS OR PREGNANCY OF  THE  EMPLOYEE.
   39  EFFECTIVE JULY FIRST, TWO THOUSAND FOURTEEN CHILD CARE BENEFITS SHALL BE
   40  PROVIDED  AT  NO COST TO AN ELIGIBLE EMPLOYEE THROUGH THE NEW YORK STATE
   41  INSURANCE FUND.
   42    S 9. Section 211 of the workers' compensation law is amended by adding
   43  two new subdivisions 7 and 8 to read as follows:
   44    7. SUCH FAMILY CARE BENEFITS AS ARE PROVIDED FOR IN THIS ARTICLE SHALL
   45  BE IN ADDITION TO, AND SHALL NOT AMEND, REPEAL OR REPLACE, THE TERMS  OF
   46  ANY  AGREEMENT  THAT IS COLLECTIVELY  NEGOTIATED BETWEEN AN EMPLOYER AND
   47  AN EMPLOYEE ORGANIZATION, INCLUDING AGREEMENT  OR  INTEREST  ARBITRATION
   48  AWARDS MADE PURSUANT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW.
   49    8.  NOTHING  IN THIS ARTICLE SHALL REQUIRE AN EMPLOYER TO USE THE SAME
   50  CARRIER TO PROVIDE BENEFITS REQUIRED BY OR PERMISSIBLE UNDER THIS  ARTI-
   51  CLE  FOR  DISABILITY RESULTING FROM INJURY, SICKNESS OR PREGNANCY OF THE
   52  EMPLOYEE AS IT USES TO PROVIDE BENEFITS REQUIRED BY OR PERMISSIBLE UNDER
   53  THIS ARTICLE FOR CHILD CARE. AN EMPLOYER  MAY  USE  A  DIFFERENT  MEANS,
   54  AMONG  THOSE SET FORTH IN SUBDIVISIONS ONE THROUGH FIVE OF THIS SECTION,
   55  TO PROVIDE BENEFITS REQUIRED BY THIS ARTICLE  FOR  DISABILITY  RESULTING
       S. 5806                            35
    1  FROM  INJURY OR SICKNESS TO OR PREGNANCY OF THE EMPLOYEE, FROM THE MEANS
    2  USED TO PROVIDE BENEFITS REQUIRED BY THIS ARTICLE FOR CHILD CARE.
    3    S  10.  Subdivisions  1,  2,  3  and  4 of section 217 of the workers'
    4  compensation law, subdivision 1 as amended by chapter 167 of the laws of
    5  1999, subdivisions 2 and 3 as amended by chapter 270 of the laws of 1990
    6  and subdivision 4 as added by chapter 600  of  the  laws  of  1949,  are
    7  amended to read as follows:
    8    1.  Written  notice  and proof of disability shall be furnished to the
    9  employer by or on behalf of the employee claiming benefits  or,  in  the
   10  case  of  a claimant under section two hundred seven of this article, to
   11  the chair, within thirty days after commencement of the period of  disa-
   12  bility. Additional proof shall be furnished thereafter from time to time
   13  as  the employer or carrier or chair may require but not more often than
   14  once each week. Such proof shall include:
   15    (A) IN THE CASE OF DISABILITY RESULTING FROM INJURY, SICKNESS OR PREG-
   16  NANCY OF THE EMPLOYEE, a  statement  of  disability  by  the  employee's
   17  attending physician or attending podiatrist or attending chiropractor or
   18  attending dentist or attending psychologist or attending certified nurse
   19  midwife,  or  in  the  case  of  an employee who adheres to the faith or
   20  teachings of any church or denomination, and who in accordance with  its
   21  creed,  tenets  or  principles  depends  for healing upon prayer through
   22  spiritual means alone in the practice  of  religion,  by  an  accredited
   23  practitioner,  containing  facts  and  opinions as to such disability in
   24  compliance with regulations of the chair[.] ; AND
   25    (B) IN THE CASE OF CHILD CARE FOR BONDING WITH A NEW  CHILD,  A  BIRTH
   26  CERTIFICATE,  CERTIFICATE OF ADOPTION, OR OTHER COMPETENT EVIDENCE SHOW-
   27  ING THAT THE EMPLOYEE IS THE PARENT OF A CHILD WITHIN TWELVE  MONTHS  OF
   28  THAT  CHILD'S  BIRTH  OR  PLACEMENT FOR ADOPTION OR FOSTER CARE WITH THE
   29  EMPLOYEE.
   30    Failure to furnish notice or proof within the time and in  the  manner
   31  above  provided  shall not invalidate the claim but no benefits shall be
   32  required to be paid for any period more than two weeks prior to the date
   33  on which the required proof is furnished unless it shall be shown to the
   34  satisfaction of the chair  not  to  have  been  reasonably  possible  to
   35  furnish such notice or proof and that such notice or proof was furnished
   36  as  soon  as possible; provided, however, that no benefits shall be paid
   37  unless the required proof of disability is furnished  within  twenty-six
   38  weeks  after commencement of the period of disability.  No limitation of
   39  time provided in this section shall run as against  any  person  who  is
   40  mentally  incompetent,  or physically incapable of providing such notice
   41  as a result of a serious medical condition, or a minor so long  as  such
   42  person has no guardian of the person and/or property.
   43    2.  An  employee claiming benefits FOR THE EMPLOYEE'S INJURY, SICKNESS
   44  OR PREGNANCY shall, as requested by  the  employer  or  carrier,  submit
   45  himself  or  herself  at  intervals,  but not more than once a week, for
   46  examination by a physician or podiatrist or chiropractor or  dentist  or
   47  psychologist  or  certified  nurse midwife designated by the employer or
   48  carrier. All such examinations shall be without cost to the employee  OR
   49  FAMILY MEMBER and shall be held at a reasonable time and place.
   50    3. The chair may direct the claimant WHO SEEKS DISABILITY BENEFITS FOR
   51  HIS  OR  HER INJURY, SICKNESS OR PREGNANCY to submit to examination by a
   52  physician or podiatrist  or  chiropractor  or  dentist  or  psychologist
   53  designated  by  him  or her in any case in which the claim to disability
   54  benefits is contested and in claims arising under  section  two  hundred
   55  seven  OF  THIS  ARTICLE,  and  in other cases as the chair or board may
   56  require.
       S. 5806                            36
    1    4. Refusal of the claimant without good cause to submit  to  any  such
    2  examination  shall disqualify [him] THE CLAIMANT from all benefits here-
    3  under for the period of such refusal,  except  as  to  benefits  already
    4  paid.
    5    S  11.  Subdivision 2 of section 229 of the workers' compensation law,
    6  as added by chapter 271 of the laws of  1985,  is  amended  to  read  as
    7  follows:
    8    2.  Whenever  an  employee  of  a covered employer who is eligible for
    9  benefits under section two hundred four of this article shall be  absent
   10  from  work due to a disability as defined in subdivision nine of section
   11  two hundred one of this article for more than  seven  consecutive  days,
   12  the  employer shall provide the employee with a written statement of the
   13  employee's rights under this article in a form prescribed by the [chair-
   14  man] CHAIR. The statement shall be provided to the employee within  five
   15  business  days  after  the employee's seventh consecutive day of absence
   16  due to disability or within five business days after the employer  knows
   17  or  should know that the employee's absence is due to disability, which-
   18  ever is later. EACH COVERED EMPLOYER SHALL PROVIDE EACH EMPLOYEE WITH  A
   19  TYPEWRITTEN,  PRINTED  OR  ELECTRONIC NOTICE IN A FORM PRESCRIBED BY THE
   20  CHAIR, STATING THAT THE EMPLOYER HAS PROVIDED FOR THE PAYMENT  OF  DISA-
   21  BILITY  BENEFITS  AS  REQUIRED BY THIS ARTICLE WITHIN THIRTY DAYS OF THE
   22  EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND THIRTEEN WHICH
   23  AMENDED THIS SUBDIVISION.   EACH COVERED  EMPLOYER  SHALL  PROVIDE  SUCH
   24  NOTICE  TO  ALL  NEW  EMPLOYEES WITHIN THIRTY DAYS OF THEIR FIRST DAY OF
   25  WORK.
   26    S 12. Paragraph 3 of subsection (a) of section 1113 of  the  insurance
   27  law is amended to read as follows:
   28    (3) "Accident and health insurance," means (i) insurance against death
   29  or  personal  injury  by  accident  or by any specified kind or kinds of
   30  accident and insurance  against  sickness,  ailment  or  bodily  injury,
   31  including  insurance  providing  disability benefits pursuant to article
   32  nine of the workers' compensation law,  INCLUDING  ANY  INSURANCE  UNDER
   33  THAT ARTICLE FOR CHILD CARE BENEFITS, DISABILITY BENEFITS RESULTING FROM
   34  INJURY,  SICKNESS  OR PREGNANCY OF AN EMPLOYEE, OR ALL, except as speci-
   35  fied in item (ii) [hereof] OF THIS PARAGRAPH; and  (ii)  non-cancellable
   36  disability  insurance,  meaning  insurance  against disability resulting
   37  from sickness, ailment or bodily injury (but excluding insurance  solely
   38  against  accidental  injury)  under any contract which does not give the
   39  insurer the option to cancel or otherwise terminate the contract  at  or
   40  after one year from its effective date or renewal date.
   41    S  13.  This  act  shall  take effect July 1, 2014; provided, that the
   42  addition, amendment and/or repeal of any rules or regulations  necessary
   43  for  the implementation of this act on its effective date are authorized
   44  and directed to be made and completed on or before such effective date.
   45                                   PART L
   46    Section 1. Paragraphs 2, 3, 4 and 5 of subsection (c) of  section  606
   47  of  the tax law are renumbered paragraphs 3, 4, 5 and 6, and a new para-
   48  graph 2 is added to read as follows:
   49    (2) ADDITIONAL CREDIT. FOR TAXABLE YEARS BEGINNING ON OR AFTER JANUARY
   50  FIRST, TWO THOUSAND THIRTEEN, A TAXPAYER SHALL BE ALLOWED  A  CREDIT  IN
   51  ADDITION  TO  THE  CREDIT ALLOWED UNDER PARAGRAPH ONE OF THIS SUBSECTION
   52  EQUAL TO THE CREDIT CALCULATED UNDER SUCH PARAGRAPH  ONE  MULTIPLIED  BY
   53  ONE  AND  FIVE-TENTHS. PROVIDED, HOWEVER, THE ADDITIONAL CREDIT PROVIDED
   54  FOR IN THIS PARAGRAPH SHALL NOT BE AVAILABLE TO TAXPAYERS WITH  ADJUSTED
       S. 5806                            37
    1  GROSS  INCOMES IN EXCESS OF THREE HUNDRED FIFTY THOUSAND DOLLARS AND WHO
    2  FILE PURSUANT TO SUBSECTION (A) OF SECTION SIX HUNDRED ONE OF THIS ARTI-
    3  CLE, TO TAXPAYERS WITH ADJUSTED GROSS INCOMES IN EXCESS OF THREE HUNDRED
    4  THOUSAND  DOLLARS AND WHO FILE PURSUANT TO SUBSECTION (B) OF SECTION SIX
    5  HUNDRED ONE OF THIS  ARTICLE,  AND  TO  TAXPAYERS  WITH  ADJUSTED  GROSS
    6  INCOMES  IN  EXCESS OF ONE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS AND WHO
    7  FILE PURSUANT TO SUBSECTION (C) OF SIX HUNDRED ONE OF THIS ARTICLE.
    8    S 2. This act shall take effect immediately and shall apply to taxable
    9  years beginning on or after January 1, 2013.
   10                                   PART M
   11    Section 1. Subdivisions 2, 3, 4, 5 and  6  of  section  410-w  of  the
   12  social  services law, are renumbered subdivisions 3, 4, 5, 6 and 7 and a
   13  new subdivision 2 is added to read as follows:
   14    2. FOR PURPOSES OF DETERMINING FINANCIAL ELIGIBILITY UNDER THIS TITLE,
   15  THE EARNED INCOME OF A DEPENDENT CHILD UNDER THE AGE OF EIGHTEEN, WHO IS
   16  NOT LEGALLY RESPONSIBLE FOR THE CHILD OR CHILDREN FOR WHICH  CHILD  CARE
   17  ASSISTANCE  IS  SOUGHT, SHALL BE DISREGARDED WHEN DETERMINING THE ELIGI-
   18  BILITY OF A HOUSEHOLD FOR A CHILD CARE SUBSIDY. THE INCOME OF A  DEPEND-
   19  ENT  EIGHTEEN, NINETEEN, OR TWENTY YEAR OLD HOUSEHOLD MEMBER, WHO IS NOT
   20  LEGALLY RESPONSIBLE FOR THE CHILD  OR  CHILDREN  FOR  WHICH  CHILD  CARE
   21  ASSISTANCE IS SOUGHT, SHALL BE DISREGARDED IF THE INCOME DOES NOT EXCEED
   22  TEN  PERCENT OF THE DISTRICT'S ESTABLISHED CHILD CARE INCOME ELIGIBILITY
   23  STANDARD, PURSUANT TO THE LOCAL SOCIAL  SERVICES  DISTRICT  CONSOLIDATED
   24  SERVICES PLAN OR INTEGRATED COUNTY PLAN.
   25    S 2. This act shall take effect immediately.
   26                                   PART N
   27    Section  1. The opening paragraph of subdivision 1 of section 410-x of
   28  the social services law is designated paragraph (a) and a new  paragraph
   29  (b) is added to read as follows:
   30    (B) THE CHILD CARE SERVICES PROVIDED MUST BE REASONABLY RELATED TO THE
   31  HOURS  OF  EMPLOYMENT,  EDUCATION OR TRAINING OF A CHILD'S CARETAKER, AS
   32  APPLICABLE, AND PERMIT TIME FOR DELIVERY AND PICK-UP OF THE  CHILD,  AND
   33  MAY  PROVIDE  UP  TO  EIGHT  HOURS OF CHILD CARE SERVICES, IF NEEDED, TO
   34  ENABLE AN EMPLOYED CARETAKER WHO WORKS A SECOND OR THIRD SHIFT TO SLEEP.
   35  SUCH SERVICES MUST BE ADDRESSED IN THE SOCIAL  SERVICES  DISTRICT  CHILD
   36  CARE  SERVICES  PLAN  AS PART OF ITS CONSOLIDATED SERVICES PLAN OR INTE-
   37  GRATED COUNTY PLAN.
   38    S 2. This act shall take effect immediately.
   39                                   PART O
   40    Section 1. The office of children and family services  shall  examine,
   41  evaluate  and  make  recommendations  concerning the availability of day
   42  care for children in the state. Such office shall pay particular  atten-
   43  tion  to  the  impact of the lack   of necessary child day care upon the
   44  ability of women in poverty and those in working families to  enter  the
   45  labor force. The office of children and family services shall direct its
   46  attention to:
   47    (a)  establishing  an inventory of child day care for working families
   48  and those at or near poverty;
   49    (b) geographically identifying child day  care  shortage  areas  on  a
   50  regional  basis  and projections of the future demand for child day care
       S. 5806                            38
    1  based on the regional birth  rates,  employment  and  population  growth
    2  rates;
    3    (c)  comparing on a statewide and regional basis, the demand for child
    4  day care services over the succeeding five years, including whether  the
    5  projected  growth rate in the child day care industry will be sufficient
    6  to meet such future needs;
    7    (d) assessing the cost to parents and guardians of day care for  chil-
    8  dren on a regional basis, including the availability of government funds
    9  for parents and guardians toward child care costs;
   10    (e)  identifying  nontraditional child care needs within the state and
   11  regionally for parents who work other than a  9:00  A.M.  to  5:00  P.M.
   12  shift  or  part-time,  including  those  who  work night shifts or swing
   13  shifts, and those parents who require early drop off and/or late pick up
   14  services from their child care provider;
   15    (f) identifying policies that would encourage  the  establishment  and
   16  operation  of  more  child  day care center providers and increasing the
   17  capacity of existing child day care providers;
   18    (g) identifying policies that would encourage and facilitate expansion
   19  of quality child day care services by neighbors and in communities where
   20  the working poor live and/or work; and
   21    (h) identifying and quantifying those factors that contribute to qual-
   22  ity child day care, are used to identify child day  care  providers  who
   23  are   committing  violations,  how  such  violations  are  addressed  or
   24  prevented, and procedures for establishing quality  child  day  care  in
   25  those communities with the greatest needs.
   26    S  2. The office of children and family services may request and shall
   27  receive any available information from state agencies that  is  relevant
   28  and material to the study required by section one of this act.
   29    S  3.  Within  twelve  months  of  the effective date of this act, the
   30  commissioner of children and family services shall submit a  report,  to
   31  the  governor, the temporary president of the senate, the speaker of the
   32  assembly, the minority leader of the senate and the minority  leader  of
   33  the assembly, on the office's findings, conclusions and recommendations,
   34  and  shall  submit therewith such legislative proposals as the office of
   35  children and family services  shall  deem  necessary  to  implement  its
   36  recommendations.  In addition, such office shall make such report avail-
   37  able  to  the public and post it on the internet website operated by the
   38  office.
   39    S 4. This act shall take effect immediately, and shall expire  and  be
   40  deemed repealed one year after it shall take effect.
   41                                   PART P
   42    Section  1. The social services law is amended by adding a new section
   43  390-i to read as follows:
   44    S 390-I. NOTICE OF INSPECTION REPORT. 1. EACH CHILD DAY CARE  PROVIDER
   45  THAT  OPERATES A RESIDENTIAL OR NON-RESIDENTIAL CHILD DAY CARE FACILITY,
   46  WHERE CHILD DAY CARE IS PROVIDED SHALL POST A COPY OF  ITS  MOST  RECENT
   47  INSPECTION  REPORT  IN A PROMINENT PLACE, AND IF POSSIBLE ON THE WEBSITE
   48  OF SUCH PROVIDER.
   49    2. ALL SUCH RESIDENTIAL AND NON-RESIDENTIAL CHILD DAY CARE  FACILITIES
   50  REGULATED  PURSUANT TO THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION
   51  BY THE OFFICE OF CHILDREN AND FAMILY  SERVICES,  OR  THE  DEPARTMENT  OF
   52  HEALTH  AND MENTAL HEALTH OF THE CITY OF NEW YORK, SHALL COMPLY WITH THE
   53  POSTING REQUIREMENTS OF THIS SECTION TO BE ENFORCED  BY  THE  APPLICABLE
   54  STATE OR CITY AGENCY PURSUANT TO ITS RULES OR REGULATIONS.
       S. 5806                            39
    1    S  2. This act shall take effect on the first of January next succeed-
    2  ing the date on which it shall have become  a  law.  Provided,  however,
    3  that effective immediately any rules and regulations necessary to imple-
    4  ment the provisions of this act on its effective date are authorized and
    5  directed to be completed on or before such date.
    6                                   PART Q
    7    Section  1.  Subdivision  1 of section 213 of the economic development
    8  law, as added by chapter 839 of the laws of 1987, is amended to read  as
    9  follows:
   10    1.  monitor the performance of each development center and each entre-
   11  preneurship support center and require periodic and annual reports  from
   12  each development center and each entrepreneurship support center at such
   13  time  and  in  such a manner as prescribed by the commissioner, PROVIDED
   14  THAT SUCH PERIODIC AND  ANNUAL  REPORTS  SHALL  PROVIDE  INFORMATION  ON
   15  OUTCOMES,  WHETHER SUCCESSFUL OR NOT, FOR ALL INDIVIDUAL PROGRAM PARTIC-
   16  IPANTS OF  EACH DEVELOPMENT CENTER OR ENTREPRENEURSHIP  SUPPORT  CENTER,
   17  AND  TRACK  SUCH  OUTCOMES  ON A STATISTICAL BASIS FOR A PERIOD OF UP TO
   18  FIVE YEARS SO AS TO HELP ASCERTAIN, TRACK AND DOCUMENT THE SUCCESS  RATE
   19  FOR SUCH PARTICIPANTS;
   20    S  2.  Paragraph  (b)  of subdivision 2 of section 213 of the economic
   21  development law, as amended by chapter 227  of  the  laws  of  1993,  is
   22  amended to read as follows:
   23    (b)  in  the  case  of entrepreneurship support centers, the extent to
   24  which the program serves minorities, women, individuals with a disabili-
   25  ty and dislocated workers; the extent to which the  program  is  coordi-
   26  nated  with  other  assistance  programs targeted to small and new busi-
   27  nesses; the ability of the program to leverage other sources of  funding
   28  and  support;  the  success of the training programs in aiding entrepre-
   29  neurs to start up new businesses, including the number of  new  business
   30  start-ups  resulting  from  the program, and the quality of supplemental
   31  technical assistance offered to graduates of the  training  programs;  A
   32  REGIONAL  ANALYSIS  OF THE EFFECTIVENESS OF A SELF-EMPLOYMENT ASSISTANCE
   33  PROGRAM, AS ESTABLISHED IN SECTION  FIVE  HUNDRED  NINETY-ONE-A  OF  THE
   34  LABOR  LAW,  SPONSORED  BUSINESSES  AND BUSINESS ACTIVITY, INCLUDING ANY
   35  REGIONAL DISPARITIES IN THE PARTICIPATION  RATES  OF  SUCH  CENTERS  AND
   36  CONDUCTED  AT SUCH CENTERS AND THE NEED FOR MECHANISMS TO ALLEVIATE SUCH
   37  DISPARITIES; such report shall recommend changes and improvements in the
   38  program;
   39    S 3. Subparagraph (iii) of paragraph (c) of subdivision 2  of  section
   40  591-a  of the labor law, as amended by section 1 of part Z of chapter 57
   41  of the laws of 2013, is amended to read as follows:
   42    (iii)  are  participating  in  self-employment  assistance  activities
   43  approved by the department and by the department of economic development
   44  which include but need not be limited to entrepreneurial training, busi-
   45  ness  counseling,  and technical assistance, including financing assist-
   46  ance for qualified individuals as appropriate, offered by  entrepreneur-
   47  ship  support centers established pursuant to section two hundred twelve
   48  of the economic development law, state  university  of  New  York  small
   49  business development centers, programs offered by community-based organ-
   50  izations,  local  development  corporations,  and  boards of cooperative
   51  educational services (BOCES) as  established  pursuant  to  section  one
   52  thousand  nine hundred fifty of the education law; and, unless otherwise
   53  required by federal law or regulation, no individual shall be prohibited
   54  from or disqualified from eligibility for the program if prior to apply-
       S. 5806                            40
    1  ing for the program, an individual has printed business cards or  has  a
    2  website  that  is designed but not active, and neither are being used to
    3  solicit or conduct business. SELF-EMPLOYMENT ASSISTANCE  ACTIVITIES  MAY
    4  INCLUDE  CLASSROOM  TRAINING  FOR UP TO FORTY HOURS AND ONE-ON-ONE COUN-
    5  SELING FOR UP TO TWENTY  HOURS  FOR  EACH  PARTICIPANT,  INSTRUCTION  ON
    6  START-UP  BUSINESS  FINANCIAL  MANAGEMENT,  CAPITAL  ACQUISITION AND THE
    7  DEVELOPMENT OF BUSINESS PLANS TO ESTABLISH A  SUCCESSFUL  BUSINESS,  THE
    8  PROVISION  OF  INFORMATION ON THE EXISTENCE OF LOCAL PROFESSIONAL ORGAN-
    9  IZATIONS OR CHAMBERS OF COMMERCE THAT CAN  HELP  TO  PROVIDE  A  SUPPORT
   10  NETWORK FOR THE SUCCESSFUL ESTABLISHMENT AND OPERATION OF A NEWLY FORMED
   11  BUSINESS,  AND OFFER THE PROVISION OF FOLLOW-UP ADVICE AND COUNSELING TO
   12  PARTICIPANTS TO HELP ENSURE THE SUCCESS OF SUCH BUSINESS VENTURE;
   13    S 4. Section 10 of chapter 413 of the laws of 2003, amending the labor
   14  law  relating  to  the  self-employment  assistance  program  and  other
   15  matters,  as amended by section 2 of part Z of chapter 57 of the laws of
   16  2013, is amended to read as follows:
   17    S 10.  This act shall take effect immediately; provided, however, that
   18  sections eight and nine of this act shall expire December 7, [2015] 2017
   19  when upon such date the provisions of  such  sections  shall  be  deemed
   20  repealed.
   21    S  5. This act shall take effect on the first of January next succeed-
   22  ing the date on which it shall have become a law; provided, however that
   23  the amendments to section 591-a of the labor law made by  section  three
   24  of  this  act  shall  not affect the repeal of such section and shall be
   25  deemed repealed therewith.
   26                                   PART R
   27    Section 1. Paragraph (f) of subdivision 1 of section 336 of the social
   28  services law, as amended by section 148 of part B of chapter 436 of  the
   29  laws  of  1997, is amended and a new paragraph (j-l) is added to read as
   30  follows:
   31    (f) job search and job readiness assistance, provided that job  search
   32  is  an  active  and continuing effort to secure employment configured by
   33  the local social services official; AND SUCH  SOCIAL  SERVICES  DISTRICT
   34  MAY  WORK  IN  COOPERATION WITH THE DEPARTMENT OF LABOR TO PROVIDE WORK-
   35  FORCE GUIDANCE AND INFORMATION IN ACCORDANCE WITH SECTION TEN-C  OF  THE
   36  LABOR LAW;
   37    (J-L)  EDUCATION  OR A COURSE OF INSTRUCTION IN FINANCIAL LITERACY AND
   38  PERSONAL FINANCE THAT INCLUDES INSTRUCTION ON HOUSEHOLD CASH  MANAGEMENT
   39  TECHNIQUES,  CAREER ADVICE TO OBTAIN A WELL PAYING AND SECURE JOB, USING
   40  CHECKING AND SAVINGS ACCOUNTS, OBTAINING AND UTILIZING  SHORT  AND  LONG
   41  TERM  CREDIT,  SECURING  A LOAN OR OTHER LONG TERM FINANCING ARRANGEMENT
   42  FOR HIGH COST ITEMS SUCH AS A MOTOR VEHICLE, HOME OR PARTICIPATION IN  A
   43  HIGHER  EDUCATION  COURSE  OF INSTRUCTION OR TRADE SCHOOL, OBTAINING AND
   44  USING CREDIT AND DEBIT CARDS, INVESTING AND SAVING MONEY,  AND  PLANNING
   45  FOR RETIREMENT.
   46    S  2.  Subdivision  1  of section 336-a of the social services law, as
   47  amended by section 148 of part B of chapter 436 of the laws of 1997,  is
   48  amended to read as follows:
   49    1.  Social  services  districts shall make available vocational educa-
   50  tional training and educational activities.  Such activities may include
   51  but need not be limited to, high school education or education  designed
   52  to  prepare  a  participant  for  a high school equivalency certificate,
   53  basic and remedial education, education in English  proficiency,  EDUCA-
   54  TION  IN  FINANCIAL  LITERACY AND PERSONAL FINANCE PURSUANT TO PARAGRAPH
       S. 5806                            41
    1  (J-1) OF SUBDIVISION ONE OF SECTION THREE  HUNDRED  THIRTY-SIX  OF  THIS
    2  TITLE, and no more than a total of two years of post-secondary education
    3  (or  the  part-time  equivalent  if  full-time study would constitute an
    4  undue  hardship)  in  any  of  the  following  providers  which meet the
    5  performance or assessment standards established in  regulations  by  the
    6  commissioner  for  such providers:   a community college, licensed trade
    7  school, registered business school, or  a  two-year  college;  provided,
    8  however,  that  such  post-secondary  education must be necessary to the
    9  attainment of the participant's individual employment goal as set  forth
   10  in  the employability plan and such goal must relate directly to obtain-
   11  ing useful employment in a recognized occupation.
   12    S 3. This act shall take effect on the one hundred eightieth day after
   13  it shall have become a law; provided, however, that the commissioner  of
   14  temporary  and  disability  assistance  is  immediately  authorized  and
   15  directed to promulgate, amend and/or repeal any  rules  and  regulations
   16  that  may  be  necessary  to implement the provisions of this act on its
   17  effective date.
   18                                   PART S
   19    Section 1. Section 483-ee of the social  services  law,  as  added  by
   20  chapter  74 of the laws of 2007, subdivision (a) as amended by section 5
   21  of part A-1 of chapter 56 of the laws of 2010, is  amended  to  read  as
   22  follows:
   23    S  483-ee.  Establishment of interagency task force on human traffick-
   24  ing. (a) There is established an interagency task force  on  trafficking
   25  in persons, which shall consist of the following members or their desig-
   26  nees: (1) the commissioner of the division of criminal justice services;
   27  (2)  the  commissioner of the office of temporary and disability assist-
   28  ance; (3) the commissioner of health; (4) the commissioner of the office
   29  of mental health; (5) the commissioner of labor; (6) the commissioner of
   30  the office of children and family services; (7) the commissioner of  the
   31  office  of  alcoholism and substance abuse services; (8) the director of
   32  the office of victim services; (9) the executive director of the  office
   33  for  the  prevention of domestic violence; [and] (10) the superintendent
   34  of the division of state police; AND THE FOLLOWING  ADDITIONAL  MEMBERS,
   35  WHO  SHALL BE PROMPTLY APPOINTED BY THE GOVERNOR, EACH FOR A TERM OF TWO
   36  YEARS, PROVIDED THAT SUCH PERSON'S MEMBERSHIP SHALL CONTINUE AFTER  SUCH
   37  TWO YEAR TERM UNTIL A SUCCESSOR IS APPOINTED AND PROVIDED, FURTHER, THAT
   38  A MEMBER MAY BE REAPPOINTED IF AGAIN RECOMMENDED IN THE MANNER SPECIFIED
   39  IN  THIS  SUBDIVISION: (11) THREE MEMBERS, WHO SHALL BE APPOINTED ON THE
   40  RECOMMENDATION OF THE TEMPORARY PRESIDENT OF THE  SENATE  ONE  OF  WHICH
   41  SHALL  HAVE  EXPERIENCE PROVIDING SERVICES TO VICTIMS OF HUMAN TRAFFICK-
   42  ING; AND (12) THREE MEMBERS, WHO SHALL BE APPOINTED ON  THE  RECOMMENDA-
   43  TION  OF  THE SPEAKER OF THE ASSEMBLY ONE OF WHICH SHALL HAVE EXPERIENCE
   44  PROVIDING SERVICES TO VICTIMS OF HUMAN TRAFFICKING; and others as may be
   45  necessary to carry  out  the  duties  and  responsibilities  under  this
   46  section.  The  task force will be co-chaired by the commissioners of the
   47  division of criminal justice services and the office  of  temporary  and
   48  disability assistance, or their designees.  It shall meet as often as is
   49  necessary,  BUT  NO  LESS  THAN  THREE TIMES PER YEAR, and under circum-
   50  stances as are appropriate to fulfilling its duties under this  section.
   51  ALL  MEMBERS SHALL BE PROVIDED WITH WRITTEN NOTICE REASONABLY IN ADVANCE
   52  OF EACH MEETING WITH DATE, TIME AND LOCATION OF SUCH MEETING.
   53    (b) The task force shall: (1) collect and organize data on the  nature
   54  and  extent  of trafficking in persons in the state; (2) identify avail-
       S. 5806                            42
    1  able federal, state and local programs that provide services to  victims
    2  of  trafficking,  including but not limited to case management, housing,
    3  health care, mental health  counseling,  drug  addiction  screening  and
    4  treatment,  language  interpretation  and  translation services, English
    5  language instruction, job training and  placement  assistance,  post-em-
    6  ployment services for job retention, and services to assist the individ-
    7  ual  and any of his or her family members to establish a permanent resi-
    8  dence in  New  York  state  or  the  United  States;  (3)  consult  with
    9  governmental  and non-governmental organizations in developing recommen-
   10  dations to strengthen state and local efforts  to  prevent  trafficking,
   11  protect and assist victims of trafficking and prosecute traffickers; (4)
   12  establish  interagency  protocols  and  collaboration  between  federal,
   13  state, and local law enforcement, state and governmental agencies, child
   14  welfare  agencies,  and  non-governmental  organizations;  (5)  evaluate
   15  approaches  to  increase  public  awareness  about  trafficking and make
   16  recommendations on such approaches; (6) evaluate  the  effectiveness  of
   17  training  programs  on human trafficking that have been designed for law
   18  enforcement  personnel,  criminal  defense  attorneys,  social   service
   19  providers  and  non-governmental organizations, and make recommendations
   20  for improving the quality and effectiveness of such programs; [and]  (7)
   21  measure  and  evaluate the progress of the state in preventing traffick-
   22  ing, protecting and providing assistance to victims of trafficking,  and
   23  prosecuting  persons engaged in trafficking; AND (8) CONVENE ANY SUBCOM-
   24  MITTEE NECESSARY, PROVIDED SUCH SUBCOMMITTEE HAS AT  LEAST  ONE  OF  THE
   25  MEMBERS APPOINTED BY THE SPEAKER OF THE ASSEMBLY, TEMPORARY PRESIDENT OF
   26  THE  SENATE OR GOVERNOR, TO CONSIDER SPECIFIC ISSUES, INCLUDING, BUT NOT
   27  LIMITED TO: FEDERAL, STATE AND/OR LOCAL COOPERATION; JUVENILES AND HUMAN
   28  TRAFFICKING; THE IMPORTANCE OF TRAINING  AND  WHO  SHOULD  RECEIVE  SUCH
   29  TRAINING; HOW DATA IS COMPILED AND SHARED; SERVICES FOR AND TREATMENT OF
   30  DOMESTIC VERSUS FOREIGN BORN VICTIMS.
   31    (c)  [One  year from the effective date of this section, or earlier if
   32  deemed appropriate, the task force shall report to the governor and  the
   33  legislature  on these issues,] THE TASK FORCE SHALL REPORT TO THE GOVER-
   34  NOR, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF  THE  ASSEMBLY,
   35  THE  TEMPORARY  PRESIDENT  OF  THE SENATE AND THE MINORITY LEADER OF THE
   36  SENATE NO LESS THAN ANNUALLY, and  it  shall  [thereafter]  ADDITIONALLY
   37  issue  such  reports  and recommendations as it deems necessary to carry
   38  out its duties and responsibilities.
   39    (D) THE MEMBERS OF THE TASK FORCE SHALL RECEIVE  NO  SALARY  OR  OTHER
   40  COMPENSATION  FOR  THEIR SERVICES BUT SHALL BE ENTITLED TO REIMBURSEMENT
   41  FOR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE  OF  THEIR
   42  DUTIES  WITHIN  AMOUNTS MADE AVAILABLE BY APPROPRIATION THEREFOR SUBJECT
   43  TO THE APPROVAL OF THE DIRECTOR OF THE BUDGET. THE  INTERAGENCY  MEMBERS
   44  OF  THE  TASK  FORCE  SHALL RECEIVE NO ADDITIONAL COMPENSATION FOR THEIR
   45  SERVICES ON THE TASK FORCE  ABOVE  THE  SALARY  THEY  RECEIVE  FROM  THE
   46  RESPECTIVE DEPARTMENTS OR DIVISIONS THAT EMPLOY THEM.
   47    S  2. Section 14 of chapter 74 of the laws of 2007, amending the penal
   48  law, the criminal procedure law, the correction law, the social services
   49  law, and the executive law relating to human trafficking, as amended  by
   50  chapter 24 of the laws of 2011, is amended to read as follows:
   51    S  14.    This  act  shall  take  effect on the first of November next
   52  succeeding the date on which it shall have become a law;  provided  that
   53  section 483-ee of the social services law, as added by section eleven of
   54  this  act,  shall take effect immediately and shall remain in full force
   55  and effect until September 1,  [2013]  2017  when  upon  such  date  the
   56  provisions  of  such  section  shall  expire  and  be  deemed  repealed.
       S. 5806                            43
    1  Provided, effective immediately, the addition, amendment  and/or  repeal
    2  of any rule or regulation necessary for the timely implementation of the
    3  provisions  of  article  10-D  of  the  social services law, as added by
    4  section  eleven  of this act, on its effective date are authorized to be
    5  made on or before such effective date.
    6    S 3. This act shall take effect immediately; provided that the  amend-
    7  ments  to  section 483-ee of the social services law made by section one
    8  of this act shall not affect the repeal of such  section  and  shall  be
    9  deemed repealed therewith.
   10                                   PART T
   11    Section  1.  Subdivision  1 of section 207 of the public health law is
   12  amended by adding a new paragraph (i) to read as follows:
   13    (I) THE  AVAILABILITY  OF  INDIVIDUAL,  FAMILY  AND  GROUP  COUNSELING
   14  PROGRAMS,  EDUCATION PROGRAMS, AND ADVOCACY SERVICES PROVIDED AT NO COST
   15  BY GOVERNMENTAL AGENCIES AND NOT-FOR-PROFIT ORGANIZATIONS FOR VICTIMS OF
   16  ANY SEXUAL OFFENSE WHICH CONSTITUTES A CRIME AND FOR  VICTIMS  OF  CHILD
   17  PORNOGRAPHY PROMOTION OR POSSESSION.
   18    S 2. This act shall take effect immediately.
   19                                   PART U
   20    Section  1.    Subdivision  1  of section 5-508 of the election law is
   21  amended by adding a new paragraph (c) to read as follows:
   22    (C) "VICTIM OF SEXUAL VIOLENCE" MEANS ANY PERSON WHO IS  A  VICTIM  OF
   23  ANY OFFENSE UNDER ARTICLE ONE HUNDRED THIRTY OF THE PENAL LAW.
   24    S  2.  Section  5-508  of  the election law is amended by adding a new
   25  subdivision 3 to read as follows:
   26    3. UPON APPLICATION MADE TO THE SUPREME COURT, IN THE COUNTY WHEREIN A
   27  VICTIM OF SEXUAL VIOLENCE IS REGISTERED PURSUANT TO  THIS  ARTICLE,  THE
   28  COURT  MAY ISSUE AN ORDER REQUIRING THAT ANY REGISTRATION RECORD KEPT OR
   29  MAINTAINED IN ACCORDANCE WITH THIS ARTICLE WITH RESPECT TO SUCH AN INDI-
   30  VIDUAL BE KEPT SEPARATE AND APART FROM OTHER  REGISTRATION  RECORDS  AND
   31  NOT  BE  MADE  AVAILABLE  FOR INSPECTION OR COPYING BY THE PUBLIC OR ANY
   32  OTHER PERSON, EXCEPT ELECTION OFFICIALS ACTING  WITHIN  THE  COURSE  AND
   33  SCOPE  OF  THEIR  OFFICIAL DUTIES AND ONLY AS PERTINENT AND NECESSARY IN
   34  CONNECTION THEREWITH.
   35    S 3. This act shall take effect on the one hundred twentieth day after
   36  it shall have become a law. Effective immediately, the addition,  amend-
   37  ment and/or repeal of any rule or regulation necessary for the implemen-
   38  tation  of this act on its effective date is authorized to be made on or
   39  before such date.
   40                                   PART V
   41    Section 1. Subdivision 1-c of section 240 of  the  domestic  relations
   42  law,  as  added  by  chapter  150  of the laws of 1998, paragraph (a) as
   43  amended by chapter 378 of the laws of 1999 and paragraph (c) as  amended
   44  by chapter 41 of the laws of 2010, is amended to read as follows:
   45    1-c.  (a)  Notwithstanding  any other provision of this chapter to the
   46  contrary, no court shall make  an  order  providing  for  visitation  or
   47  custody  to  a  person  who has been convicted of murder in the first or
   48  second degree in this state, or  convicted  of  an  offense  in  another
   49  jurisdiction  which, if committed in this state, would constitute either
   50  murder in the first or second degree,  of  a  parent,  legal  custodian,
       S. 5806                            44
    1  legal  guardian,  sibling, half-sibling or step-sibling of any child who
    2  is the subject of the proceeding. Pending determination  of  a  petition
    3  for  visitation  or  custody,  such  child shall not visit and no person
    4  shall  visit with such child present, such person who has been convicted
    5  of murder in the first or second degree in this state, or  convicted  of
    6  and  offense  in another jurisdiction which, if committed in this state,
    7  would constitute either murder in the  first  or  second  degree,  of  a
    8  parent,  legal custodian, legal guardian, sibling, half-sibling or step-
    9  sibling of a child who is the subject  of  the  proceeding  without  the
   10  consent of such child's custodian or legal guardian.
   11    (b) NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER TO THE CONTRA-
   12  RY,  THERE  SHALL BE A REBUTTABLE PRESUMPTION THAT IT IS NOT IN THE BEST
   13  INTERESTS OF THE CHILD TO BE PLACED IN THE CUSTODY OF OR TO VISIT WITH A
   14  PERSON WHO HAS BEEN CONVICTED OF ONE OR MORE  OF  THE  FOLLOWING  SEXUAL
   15  OFFENSES  IN  THIS STATE OR CONVICTED OF ONE OR MORE OFFENSES IN ANOTHER
   16  JURISDICTION WHICH, IF COMMITTED IN THIS STATE, WOULD CONSTITUTE ONE  OR
   17  MORE  OF  THE FOLLOWING OFFENSES, WHEN A CHILD WHO IS THE SUBJECT OF THE
   18  PROCEEDING WAS CONCEIVED AS A RESULT: (A) RAPE IN THE  FIRST  OR  SECOND
   19  DEGREE;  (B)  COURSE  OF  SEXUAL  CONDUCT  AGAINST  A CHILD IN THE FIRST
   20  DEGREE; (C) PREDATORY SEXUAL ASSAULT; OR (D)  PREDATORY  SEXUAL  ASSAULT
   21  AGAINST A CHILD.
   22    (C)  Notwithstanding  paragraph (a) OR (B) of this subdivision a court
   23  may order visitation or custody where:
   24    (i) (A) such child is of suitable age to signify assent and such child
   25  assents to such visitation or custody; or
   26    (B) if such child is not  of  suitable  age  to  signify  assent,  the
   27  child's custodian or legal guardian assents to such order; or
   28    (C) the person who has been convicted of murder in the first or second
   29  degree, or an offense in another jurisdiction which if committed in this
   30  state, would constitute either murder in the first or second degree, can
   31  prove by a preponderance of the evidence that:
   32    (1)  he or she, or a family or household member of either party, was a
   33  victim of domestic violence by the victim of such murder; and
   34    (2) the domestic violence was causally related to  the  commission  of
   35  such murder; [and]
   36    (ii)  AND  the  court  finds that such visitation or custody is in the
   37  best interests of the child.
   38    [(c)] (D) For the purpose of making a determination pursuant to clause
   39  (C) of subparagraph (i) of paragraph [(b)] (C) of this subdivision,  the
   40  court  shall not be bound by the findings of fact, conclusions of law or
   41  ultimate conclusion as determined by  the  proceedings  leading  to  the
   42  conviction  of  murder in the first or second degree in this state or of
   43  an offense in another jurisdiction which, if committed  in  this  state,
   44  would  constitute  murder  in  either  the  first or second degree, of a
   45  parent, legal guardian, legal custodian, sibling, half-sibling or  step-
   46  sibling  of  a  child  who  is  the  subject  of  the proceeding. In all
   47  proceedings under this section, an attorney shall be appointed  for  the
   48  child.
   49    S  2. Subdivision 1 of section 111-a of the domestic relations law, as
   50  amended by chapter 353 of the laws  of  1993,  is  amended  to  read  as
   51  follows:
   52    1.  Notwithstanding  any  inconsistent provisions of this or any other
   53  law, and in addition to the notice requirements of any law pertaining to
   54  persons other than those specified in subdivision two of  this  section,
   55  notice  as  provided  herein  shall be given to the persons specified in
   56  subdivision two of this section of  any  adoption  proceeding  initiated
       S. 5806                            45
    1  pursuant  to  this  article  or  of any proceeding initiated pursuant to
    2  section one hundred fifteen-b OF THIS ARTICLE relating to the revocation
    3  of an adoption consent, when such proceeding involves a child born  out-
    4  of-wedlock  provided, however, that such notice shall not be required to
    5  be given to any person who previously  has  been  given  notice  of  any
    6  proceeding involving the child, pursuant to section three hundred eight-
    7  y-four-c of the social services law, and provided further that notice in
    8  an  adoption  proceeding, pursuant to this section shall not be required
    9  to be given to any person who has  previously  received  notice  of  any
   10  proceeding pursuant to section one hundred fifteen-b OF THIS ARTICLE. In
   11  addition to such other requirements as may be applicable to the petition
   12  in  any  proceeding  in  which  notice  must  be  given pursuant to this
   13  section, the petition shall set forth the names and last known addresses
   14  of all persons required to be given notice of the  proceeding,  pursuant
   15  to  this section, and there shall be shown by the petition or by affida-
   16  vit or other proof satisfactory to the court that there are  no  persons
   17  other  than  those set forth in the petition who are entitled to notice.
   18  For the purpose of determining persons entitled to  notice  of  adoption
   19  proceedings  initiated  pursuant  to  this article, persons specified in
   20  subdivision two of this section shall not include  any  person  who  has
   21  been  convicted  of [rape in the first degree involving forcible compul-
   22  sion, under subdivision one of section 130.35 of the penal law, when the
   23  child who is the subject of the proceeding was conceived as a result  of
   24  such rape] ONE OR MORE OF THE FOLLOWING SEXUAL OFFENSES IN THIS STATE OR
   25  CONVICTED  OF  ONE  OR  MORE  OFFENSES IN ANOTHER JURISDICTION WHICH, IF
   26  COMMITTED IN THIS STATE, WOULD CONSTITUTE ONE OR MORE OF  THE  FOLLOWING
   27  OFFENSES,  WHEN  THE  CHILD  WHO  IS  THE  SUBJECT OF THE PROCEEDING WAS
   28  CONCEIVED AS A RESULT: (A) RAPE IN FIRST OR SECOND DEGREE; (B) COURSE OF
   29  SEXUAL CONDUCT AGAINST A CHILD IN THE FIRST DEGREE; (C) PREDATORY SEXUAL
   30  ASSAULT; OR (D) PREDATORY SEXUAL ASSAULT AGAINST A CHILD.
   31    S 3. Subdivision 1 of section 384-c of the  social  services  law,  as
   32  amended  by  chapter  18  of  the  laws  of  1979, is amended to read as
   33  follows:
   34    1. Notwithstanding any inconsistent provision of  this  or  any  other
   35  law, and in addition to the notice requirements of any law pertaining to
   36  persons  other  than those specified in subdivision two of this section,
   37  notice as provided herein shall be given to  the  persons  specified  in
   38  subdivision  two of this section of any proceeding initiated pursuant to
   39  sections three hundred fifty-eight-a,  three  hundred  eighty-four,  and
   40  three  hundred  eighty-four-b  of  this  chapter, involving a child born
   41  out-of-wedlock.  Persons specified in subdivision two  of  this  section
   42  shall  not  include  any  person  who has been convicted of [rape in the
   43  first degree involving forcible compulsion,  under  subdivision  one  of
   44  section  130.35  of  the penal law, when the child who is the subject of
   45  the proceeding was conceived as a result of such rape] ONE  OR  MORE  OF
   46  THE  FOLLOWING SEXUAL OFFENSES IN THIS STATE OR CONVICTED OF ONE OR MORE
   47  OFFENSES IN ANOTHER JURISDICTION WHICH,  IF  COMMITTED  IN  THIS  STATE,
   48  WOULD  CONSTITUTE  ONE OR MORE OF THE FOLLOWING OFFENSES, WHEN THE CHILD
   49  WHO IS THE SUBJECT OF THE PROCEEDING WAS CONCEIVED AS A RESULT: (A) RAPE
   50  IN FIRST OR SECOND DEGREE; (B) COURSE OF SEXUAL CONDUCT AGAINST A  CHILD
   51  IN  THE  FIRST  DEGREE;  (C)  PREDATORY SEXUAL ASSAULT; OR (D) PREDATORY
   52  SEXUAL ASSAULT AGAINST A CHILD.
   53    S 4. This act shall take effect immediately.
   54                                   PART W
       S. 5806                            46
    1    Section 1. Subdivision 1 of section 130.00 of the penal law is amended
    2  to read as follows:
    3    1.  "Sexual intercourse" [has its ordinary meaning and occurs upon any
    4  penetration, however slight] MEANS CONDUCT BETWEEN PERSONS CONSISTING OF
    5  CONTACT BETWEEN THE PENIS AND THE VAGINA OR VULVA.
    6    S 2. This act shall take effect on the ninetieth day  after  it  shall
    7  have become a law.
    8                                   PART X
    9    Section  1.  This  act  shall be known and may be cited as "Brittany's
   10  Law".
   11    S 2. The penal law is amended by adding two new  sections  195.03  and
   12  195.04 to read as follows:
   13  S 195.03 FAILURE  TO  REGISTER OR VERIFY AS A VIOLENT FELONY OFFENDER IN
   14             THE SECOND DEGREE.
   15    A PERSON IS GUILTY OF FAILURE TO REGISTER OR VERIFY AS A VIOLENT FELO-
   16  NY OFFENDER IN THE SECOND DEGREE WHEN, BEING A VIOLENT  FELONY  OFFENDER
   17  REQUIRED  TO  REGISTER  OR  VERIFY  PURSUANT  TO  ARTICLE  SIX-B  OF THE
   18  CORRECTION LAW, HE OR SHE FAILS TO REGISTER OR VERIFY IN THE MANNER  AND
   19  WITHIN THE TIME PERIODS PROVIDED FOR IN SUCH ARTICLE.
   20    FAILURE  TO  REGISTER  OR  VERIFY  AS A VIOLENT FELONY OFFENDER IN THE
   21  SECOND DEGREE IS A CLASS E FELONY.
   22  S 195.04 FAILURE TO REGISTER OR VERIFY AS A VIOLENT FELONY  OFFENDER  IN
   23             THE FIRST DEGREE.
   24    A PERSON IS GUILTY OF FAILURE TO REGISTER OR VERIFY AS A VIOLENT FELO-
   25  NY  OFFENDER  IN  THE  FIRST  DEGREE WHEN HE OR SHE COMMITS THE CRIME OF
   26  FAILURE TO REGISTER OR VERIFY AS A VIOLENT FELONY OFFENDER IN THE SECOND
   27  DEGREE AND HAS PREVIOUSLY BEEN CONVICTED OF FAILURE TO REGISTER OR VERI-
   28  FY AS A VIOLENT FELONY OFFENDER IN  THE  SECOND  DEGREE  AS  DEFINED  IN
   29  SECTION 195.03 OF THIS ARTICLE.
   30    FAILURE  TO  REGISTER  OR  VERIFY  AS A VIOLENT FELONY OFFENDER IN THE
   31  FIRST DEGREE IS A CLASS D FELONY.
   32    S 3. The correction law is amended by adding a new article 6-B to read
   33  as follows:
   34                                 ARTICLE 6-B
   35                    VIOLENT FELONY OFFENDER REGISTRATION
   36  SECTION 162.   DEFINITIONS.
   37          163.   DUTIES OF THE DIVISION; REGISTRATION INFORMATION.
   38          164.   VIOLENT FELONY OFFENDER; RELOCATION; NOTIFICATION.
   39          165.   DUTIES OF THE COURT.
   40          166.   DISCHARGE OF VIOLENT FELONY  OFFENDER  FROM  CORRECTIONAL
   41                   FACILITY; DUTIES OF OFFICIAL IN CHARGE.
   42          167.   DUTY TO REGISTER.
   43          167-A. PRIOR CONVICTIONS; DUTY TO INFORM AND REGISTER.
   44          167-B. DURATION OF REGISTRATION.
   45          167-C. REGISTRATION REQUIREMENTS.
   46          167-D. NOTIFICATION  OF LOCAL LAW ENFORCEMENT AGENCIES OF CHANGE
   47                   OF ADDRESS.
   48          167-E. REGISTRATION FOR CHANGE OF ADDRESS FROM ANOTHER STATE.
   49          167-F. BOARD OF EXAMINERS OF VIOLENT FELONY OFFENDERS.
   50          167-G. REVIEW.
   51          167-H. JUDICIAL DETERMINATION.
   52          167-I. PETITION FOR RELIEF.
   53          167-J. SPECIAL TELEPHONE NUMBER.
   54          167-K. VIOLENT PREDATOR SUBDIRECTORY.
       S. 5806                            47
    1          167-L. IMMUNITY FROM LIABILITY.
    2          167-M. ANNUAL REPORT.
    3          167-N. FAILURE TO REGISTER; PENALTY.
    4          167-O. UNAUTHORIZED RELEASE OF INFORMATION.
    5          167-P. SEVERABILITY.
    6          167-Q. SUBDIRECTORY; INTERNET POSTING.
    7    S 162. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING DEFINITIONS
    8  APPLY:
    9    1. "VIOLENT FELONY OFFENDER" INCLUDES ANY PERSON WHO IS CONVICTED OF A
   10  VIOLENT  FELONY  OFFENSE AS DEFINED UNDER SECTION 70.02 OF THE PENAL LAW
   11  OR A CLASS A FELONY OFFENSE DEFINED IN THE PENAL LAW OTHER THAN A  CLASS
   12  A FELONY OFFENSE DEFINED IN ARTICLE TWO HUNDRED TWENTY OF THE PENAL LAW.
   13  CONVICTIONS  THAT  RESULT  FROM  OR  ARE CONNECTED WITH THE SAME ACT, OR
   14  RESULT FROM OFFENSES COMMITTED AT THE SAME TIME, SHALL  BE  COUNTED  FOR
   15  THE PURPOSE OF THIS ARTICLE AS  ONE CONVICTION. ANY CONVICTION SET ASIDE
   16  PURSUANT TO LAW IS NOT A CONVICTION FOR PURPOSES OF THIS ARTICLE.
   17    2.  "VIOLENT  FELONY  OFFENSE"  MEANS  A  CONVICTION FOR AN OFFENSE AS
   18  DEFINED UNDER SECTION 70.02 OF THE PENAL LAW OR A CLASS A FELONY OFFENSE
   19  DEFINED IN THE PENAL LAW OTHER THAN A CLASS A OFFENSE DEFINED IN ARTICLE
   20  TWO HUNDRED TWENTY OF THE PENAL LAW.
   21    3. "LAW ENFORCEMENT AGENCY HAVING JURISDICTION" MEANS  THE  CHIEF  LAW
   22  ENFORCEMENT  OFFICER  IN  THE VILLAGE, TOWN OR CITY IN WHICH THE VIOLENT
   23  FELONY OFFENDER EXPECTS TO RESIDE UPON HIS OR HER DISCHARGE,  PROBATION,
   24  PAROLE OR UPON ANY FORM OF STATE OR LOCAL CONDITIONAL RELEASE.
   25    4.  "DIVISION"  MEANS THE DIVISION OF CRIMINAL JUSTICE SERVICES ESTAB-
   26  LISHED UNDER ARTICLE THIRTY-FIVE OF THE EXECUTIVE LAW.
   27    5. "HOSPITAL" MEANS A  HOSPITAL  AS  DEFINED  IN  SUBDIVISION  TWO  OF
   28  SECTION FOUR HUNDRED OF THIS CHAPTER AND APPLIES TO PERSONS COMMITTED TO
   29  SUCH HOSPITAL BY ORDER OF COMMITMENT MADE PURSUANT TO ARTICLE SIXTEEN OF
   30  THIS CHAPTER.
   31    6.  "VIOLENT  PREDATOR"  MEANS  A  PERSON  WHO HAS BEEN CONVICTED OF A
   32  VIOLENT FELONY OFFENSE AS DEFINED IN THIS ARTICLE, OR A  VIOLENT  FELONY
   33  OFFENDER  AS  DEFINED  IN  THIS ARTICLE WHO SUFFERS FROM A MENTAL ABNOR-
   34  MALITY THAT MAKES SUCH PERSON LIKELY TO ENGAGE IN VIOLENT CONDUCT.
   35    7. "MENTAL ABNORMALITY" MEANS A CONGENITAL OR ACQUIRED CONDITION OF  A
   36  PERSON  THAT  AFFECTS THE EMOTIONAL OR VOLITIONAL CAPACITY OF THE PERSON
   37  IN A MANNER THAT PREDISPOSES THAT PERSON TO THE COMMISSION  OF  CRIMINAL
   38  VIOLENT  ACTS  TO  A DEGREE THAT MAKES THE PERSON A MENACE TO THE HEALTH
   39  AND SAFETY OF OTHER PERSONS.
   40    8. "BOARD" MEANS THE BOARD OF EXAMINERS OF  VIOLENT  FELONY  OFFENDERS
   41  ESTABLISHED  PURSUANT TO SECTION ONE HUNDRED SIXTY-SEVEN-F OF THIS ARTI-
   42  CLE.
   43    9. "LOCAL CORRECTIONAL FACILITY" MEANS A LOCAL  CORRECTIONAL  FACILITY
   44  AS  THAT  TERM  IS DEFINED IN SUBDIVISION SIXTEEN OF SECTION TWO OF THIS
   45  CHAPTER.
   46    S 163. DUTIES OF THE DIVISION; REGISTRATION INFORMATION. 1. THE  DIVI-
   47  SION  SHALL  ESTABLISH  AND  MAINTAIN  A FILE OF INDIVIDUALS REQUIRED TO
   48  REGISTER PURSUANT TO THE PROVISIONS OF THIS ARTICLE WHICH SHALL  INCLUDE
   49  THE FOLLOWING INFORMATION OF EACH REGISTRANT:
   50    (A)  THE  VIOLENT  FELONY  OFFENDER'S  NAME, ALL ALIASES USED, DATE OF
   51  BIRTH, SEX, RACE, HEIGHT, WEIGHT, EYE COLOR,  DRIVER'S  LICENSE  NUMBER,
   52  HOME ADDRESS AND/OR EXPECTED PLACE OF DOMICILE.
   53    (B) A PHOTOGRAPH AND SET OF FINGERPRINTS.
   54    (C) A DESCRIPTION OF THE OFFENSE FOR WHICH THE VIOLENT FELONY OFFENDER
   55  WAS CONVICTED, THE DATE OF CONVICTION AND THE SENTENCE IMPOSED.
   56    (D) ANY OTHER INFORMATION DEEMED PERTINENT BY THE DIVISION.
       S. 5806                            48
    1    2.  THE  DIVISION  IS AUTHORIZED TO MAKE THE REGISTRY AVAILABLE TO ANY
    2  REGIONAL OR NATIONAL  REGISTRY  OF  VIOLENT  FELONY  OFFENDERS  FOR  THE
    3  PURPOSE OF SHARING INFORMATION. THE DIVISION SHALL ACCEPT FILES FROM ANY
    4  REGIONAL OR NATIONAL REGISTRY OF VIOLENT FELONY OFFENDERS AND SHALL MAKE
    5  SUCH  FILES  AVAILABLE WHEN REQUESTED PURSUANT TO THE PROVISIONS OF THIS
    6  ARTICLE. THE DIVISION SHALL REQUIRE THAT NO INFORMATION INCLUDED IN  THE
    7  REGISTRY  SHALL  BE  MADE  AVAILABLE  EXCEPT  IN  THE FURTHERANCE OF THE
    8  PROVISIONS OF THIS ARTICLE.
    9    3. THE DIVISION SHALL DEVELOP A STANDARDIZED REGISTRATION FORM  TO  BE
   10  MADE  AVAILABLE  TO THE APPROPRIATE AUTHORITIES AND PROMULGATE RULES AND
   11  REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
   12    4. THE DIVISION SHALL MAIL A NONFORWARDABLE VERIFICATION FORM  TO  THE
   13  LAST  REPORTED  ADDRESS  OF  THE PERSON FOR ANNUAL VERIFICATION REQUIRE-
   14  MENTS.
   15    5. THE DIVISION SHALL ALSO ESTABLISH AND OPERATE A TELEPHONE NUMBER AS
   16  PROVIDED FOR IN SECTION ONE HUNDRED SIXTY-SEVEN-J OF THIS ARTICLE.
   17    6. THE DIVISION SHALL ALSO ESTABLISH A VIOLENT  PREDATOR  SUBDIRECTORY
   18  PURSUANT TO SECTION ONE HUNDRED SIXTY-SEVEN-K OF THIS ARTICLE.
   19    7.  THE  DIVISION  SHALL ALSO ESTABLISH A PUBLIC AWARENESS CAMPAIGN TO
   20  ADVISE THE PUBLIC OF THE PROVISIONS OF THIS ARTICLE.
   21    S 164. VIOLENT FELONY OFFENDER; RELOCATION; NOTIFICATION.  1.  IN  THE
   22  CASE OF ANY VIOLENT FELONY OFFENDER, IT SHALL BE THE DUTY OF THE DEPART-
   23  MENT, HOSPITAL OR LOCAL CORRECTIONAL FACILITY AT LEAST TEN CALENDAR DAYS
   24  PRIOR  TO THE RELEASE OR DISCHARGE OF ANY VIOLENT FELONY OFFENDER FROM A
   25  CORRECTIONAL FACILITY, HOSPITAL OR LOCAL CORRECTIONAL FACILITY TO NOTIFY
   26  THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION  WHERE  APPROPRIATE,  AND
   27  LAW ENFORCEMENT AGENCY HAVING HAD JURISDICTION AT THE TIME OF HIS OR HER
   28  CONVICTION,  OF  THE  CONTEMPLATED  RELEASE OR DISCHARGE OF SUCH VIOLENT
   29  FELONY OFFENDER, INFORMING SUCH LAW ENFORCEMENT AGENCIES OF THE NAME AND
   30  ALIASES OF THE VIOLENT FELONY OFFENDER, THE ADDRESS AT WHICH HE  OR  SHE
   31  PROPOSES  TO  RESIDE, THE ADDRESS AT WHICH HE OR SHE RESIDED AT THE TIME
   32  OF HIS OR HER CONVICTION, THE AMOUNT OF TIME REMAINING TO BE SERVED,  IF
   33  ANY,  ON THE FULL TERM FOR WHICH HE OR SHE WAS SENTENCED, AND THE NATURE
   34  OF THE CRIME FOR WHICH HE OR SHE WAS SENTENCED, TRANSMITTING AT THE SAME
   35  TIME A COPY OF SUCH VIOLENT FELONY OFFENDER'S  FINGERPRINTS  AND  PHOTO-
   36  GRAPH AND A SUMMARY OF HIS OR HER CRIMINAL RECORD. IF SUCH VIOLENT FELO-
   37  NY  OFFENDER CHANGES HIS OR HER PLACE OF RESIDENCE WHILE ON PAROLE, SUCH
   38  NOTIFICATION OF THE CHANGE OF RESIDENCE SHALL BE  SENT  BY  THE  VIOLENT
   39  FELONY  OFFENDER'S  PAROLE  OFFICER  WITHIN FORTY-EIGHT HOURS TO THE LAW
   40  ENFORCEMENT AGENCY IN WHICH THE NEW PLACE OF RESIDENCE IS LOCATED.
   41    2. IN THE CASE OF ANY VIOLENT FELONY OFFENDER CONVICTED AND  SENTENCED
   42  TO PROBATION, CONDITIONAL DISCHARGE OR UNCONDITIONAL DISCHARGE, IT SHALL
   43  BE THE DUTY OF THE COURT WITHIN TWENTY-FOUR HOURS AFTER SUCH SENTENCE TO
   44  NOTIFY  THE  LAW ENFORCEMENT AGENCY HAVING JURISDICTION, WHERE APPROPRI-
   45  ATE, AND OF THE LAW ENFORCEMENT AGENCY HAVING HAD  JURISDICTION  AT  THE
   46  TIME  OF  HIS  OR  HER  CONVICTION,  IF  DIFFERENT  FROM WHERE HE OR SHE
   47  CURRENTLY RESIDES, AND/OR WHERE HE OR  SHE  CURRENTLY  RESIDES,  OF  THE
   48  SENTENCE OF PROBATION, CONDITIONAL DISCHARGE OR UNCONDITIONAL DISCHARGE,
   49  INFORMING  SUCH  LAW ENFORCEMENT AGENCIES OF THE NAME AND ALIASES OF THE
   50  PERSON, THE ADDRESS AT WHICH HE OR SHE PROPOSES TO  RESIDE,  RESIDED  AT
   51  AND/OR  AT  WHICH  HE OR SHE CURRENTLY RESIDES, THE AMOUNT OF TIME TO BE
   52  SERVED ON PROBATION, AND THE NATURE OF THE CRIME FOR WHICH HE OR SHE WAS
   53  SENTENCED, TRANSMITTING AT THE SAME TIME A COPY OF SUCH  VIOLENT  FELONY
   54  OFFENDER'S FINGERPRINTS AND PHOTOGRAPH AND A SUMMARY OF HIS OR HER CRIM-
   55  INAL  RECORD. IF SUCH PERSON CHANGES HIS OR HER PLACE OF RESIDENCE WHILE
   56  ON PROBATION, SUCH NOTIFICATION OF THE CHANGE OF RESIDENCE SHALL BE SENT
       S. 5806                            49
    1  BY THE VIOLENT FELONY OFFENDER'S PROBATION  OFFICER  WITHIN  FORTY-EIGHT
    2  HOURS TO THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION IN WHICH THE NEW
    3  PLACE OF RESIDENCE IS LOCATED.
    4    3.  IN  THE  CASE OF ANY VIOLENT FELONY OFFENDER, WHO ON THE EFFECTIVE
    5  DATE OF THIS SUBDIVISION IS ON PAROLE OR PROBATION, IT SHALL BE THE DUTY
    6  OF SUCH VIOLENT FELONY OFFENDER'S PAROLE  OR  PROBATION  OFFICER  WITHIN
    7  FORTY-FIVE  CALENDAR  DAYS  OF THE EFFECTIVE DATE OF THIS SUBDIVISION TO
    8  NOTIFY THE LAW ENFORCEMENT AGENCY HAVING HAD JURISDICTION IN WHICH  SUCH
    9  PERSON  RESIDED  AT THE TIME OF HIS OR HER CONVICTION, IF DIFFERENT FROM
   10  WHERE HE OR SHE CURRENTLY RESIDES  AND/OR  WHERE  HE  OR  SHE  CURRENTLY
   11  RESIDES,  OF  THE  NAME AND ALIASES OF SUCH VIOLENT FELONY OFFENDER, THE
   12  ADDRESS AT WHICH HE OR SHE RESIDED AND/OR AT WHICH HE OR  SHE  CURRENTLY
   13  RESIDES,  THE  AMOUNT  OF  TIME TO BE SERVED ON PAROLE OR PROBATION, THE
   14  NATURE OF THE CRIME FOR WHICH HE OR SHE WAS SENTENCED,  TRANSMITTING  AT
   15  THE  SAME TIME A COPY OF SUCH VIOLENT FELONY OFFENDER'S FINGERPRINTS AND
   16  PHOTOGRAPH AND A SUMMARY OF HIS OR HER CRIMINAL RECORD. IF SUCH  VIOLENT
   17  FELONY OFFENDER CHANGES HIS OR HER PLACE OF RESIDENCE WHILE ON PAROLE OR
   18  PROBATION, SUCH NOTIFICATION OF THE CHANGE OF RESIDENCE SHALL BE SENT BY
   19  THE  VIOLENT FELONY OFFENDER'S PAROLE OR PROBATION OFFICER WITHIN FORTY-
   20  EIGHT HOURS TO THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION  IN  WHICH
   21  THE NEW PLACE OF RESIDENCE IS LOCATED.
   22    4.  IN  THE  CASE  IN WHICH ANY VIOLENT FELONY OFFENDER ESCAPES FROM A
   23  STATE OR LOCAL CORRECTIONAL FACILITY OR HOSPITAL, THE  DESIGNATED  OFFI-
   24  CIAL  OF  THE  FACILITY  OR HOSPITAL WHERE THE PERSON WAS CONFINED SHALL
   25  NOTIFY WITHIN TWENTY-FOUR HOURS THE LAW ENFORCEMENT  AGENCY  HAVING  HAD
   26  JURISDICTION  AT  THE  TIME OF HIS OR HER CONVICTION, INFORMING SUCH LAW
   27  ENFORCEMENT AGENCY OF THE NAME  AND  ALIASES  OF  THE  PERSON,  AND  THE
   28  ADDRESS AT WHICH HE OR SHE RESIDED AT THE TIME OF HIS OR HER CONVICTION,
   29  THE  AMOUNT  OF TIME REMAINING TO BE SERVED IF ANY, ON THE FULL TERM FOR
   30  WHICH HE OR SHE WAS SENTENCED, AND THE NATURE OF THE CRIME FOR WHICH  HE
   31  OR  SHE  WAS  SENTENCED,  TRANSMITTING  AT  THE SAME TIME A COPY OF SUCH
   32  VIOLENT FELONY OFFENDER'S FINGERPRINTS AND PHOTOGRAPH AND A  SUMMARY  OF
   33  HIS OR HER CRIMINAL RECORD.
   34    S 165. DUTIES OF THE COURT. 1. UPON CONVICTION THE COURT SHALL CERTIFY
   35  THAT  THE  PERSON  IS  A  VIOLENT  FELONY OFFENDER AND SHALL INCLUDE THE
   36  CERTIFICATION IN THE ORDER OF COMMITMENT. THE COURT  SHALL  ALSO  ADVISE
   37  THE VIOLENT FELONY OFFENDER OF THE DUTIES OF THIS ARTICLE.
   38    2.  ANY  VIOLENT  FELONY  OFFENDER,  WHO  IS  RELEASED ON PROBATION OR
   39  DISCHARGED UPON PAYMENT OF A  FINE  SHALL,  PRIOR  TO  SUCH  RELEASE  OR
   40  DISCHARGE, BE INFORMED OF HIS OR HER DUTY TO REGISTER UNDER THIS ARTICLE
   41  BY  THE COURT IN WHICH HE OR SHE WAS CONVICTED. WHERE THE COURT ORDERS A
   42  VIOLENT FELONY OFFENDER RELEASED ON PROBATION, SUCH ORDER MUST INCLUDE A
   43  PROVISION REQUIRING THAT HE OR SHE COMPLY WITH THE REQUIREMENTS OF  THIS
   44  ARTICLE.  WHERE  SUCH  VIOLENT  FELONY OFFENDER VIOLATES SUCH PROVISION,
   45  PROBATION MAY BE IMMEDIATELY REVOKED IN THE MANNER PROVIDED  BY  ARTICLE
   46  FOUR  HUNDRED TEN OF THE CRIMINAL PROCEDURE LAW. THE COURT SHALL REQUIRE
   47  THE VIOLENT FELONY OFFENDER TO  READ  AND  SIGN  SUCH  FORM  AS  MAY  BE
   48  REQUIRED  BY THE DIVISION STATING THE DUTY TO REGISTER AND THE PROCEDURE
   49  FOR REGISTRATION HAS BEEN EXPLAINED TO HIM OR HER. THE  COURT  SHALL  ON
   50  SUCH  FORM  OBTAIN THE ADDRESS WHERE THE VIOLENT FELONY OFFENDER EXPECTS
   51  TO RESIDE UPON HIS OR HER RELEASE, AND SHALL REPORT THE ADDRESS  TO  THE
   52  DIVISION. THE COURT SHALL GIVE ONE COPY OF THE FORM TO THE VIOLENT FELO-
   53  NY  OFFENDER  AND  SHALL  SEND  TWO  COPIES  TO THE DIVISION WHICH SHALL
   54  FORWARD ONE COPY TO THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION WHERE
   55  THE VIOLENT FELONY OFFENDER EXPECTS TO RESIDE UPON HIS OR  HER  RELEASE.
   56  WITHIN  TEN  CALENDAR  DAYS OF BEING RELEASED ON PROBATION OR DISCHARGED
       S. 5806                            50
    1  UPON PAYMENT OF A FINE, SUCH VIOLENT FELONY OFFENDER SHALL REGISTER WITH
    2  THE DIVISION FOR PURPOSES OF VERIFYING SUCH  VIOLENT  FELONY  OFFENDER'S
    3  INTENDED  PLACE OF RESIDENCE.  ON EACH ANNIVERSARY OF THE VIOLENT FELONY
    4  OFFENDER'S  ORIGINAL  REGISTRATION  DATE,  THE PROVISIONS OF SECTION ONE
    5  HUNDRED SIXTY-SEVEN OF THIS ARTICLE SHALL APPLY.    THE  DIVISION  SHALL
    6  ALSO  IMMEDIATELY  FORWARD  THE  CONVICTION DATA AND FINGERPRINTS TO THE
    7  FEDERAL BUREAU OF INVESTIGATION IF NOT ALREADY OBTAINED.
    8    3. FOR VIOLENT FELONY OFFENDERS UNDER THIS SECTION, IT  SHALL  BE  THE
    9  DUTY  OF  THE  COURT  APPLYING THE GUIDELINES ESTABLISHED IN SUBDIVISION
   10  FIVE OF SECTION ONE HUNDRED SIXTY-SEVEN-F OF THIS ARTICLE  TO  DETERMINE
   11  THE  DURATION OF REGISTRATION PURSUANT TO SECTION ONE HUNDRED SIXTY-SEV-
   12  EN-B OF THIS ARTICLE AND NOTIFICATION PURSUANT  TO  SUBDIVISION  SIX  OF
   13  SECTION ONE HUNDRED SIXTY-SEVEN-F OF THIS ARTICLE.  IN MAKING THE DETER-
   14  MINATION,  THE COURT SHALL REVIEW ANY VICTIM'S STATEMENT AND ANY MATERI-
   15  ALS SUBMITTED BY THE VIOLENT FELONY OFFENDER. THE COURT SHALL ALSO ALLOW
   16  THE VIOLENT FELONY OFFENDER TO APPEAR  AND  BE  HEARD,  AND  INFORM  THE
   17  VIOLENT  FELONY  OFFENDER OF HIS OR HER RIGHT TO HAVE COUNSEL APPOINTED,
   18  IF NECESSARY.
   19    S 166. DISCHARGE OF VIOLENT FELONY OFFENDER FROM CORRECTIONAL  FACILI-
   20  TY;  DUTIES OF OFFICIAL IN CHARGE. 1. ANY VIOLENT FELONY OFFENDER, TO BE
   21  DISCHARGED, PAROLED OR RELEASED FROM ANY  STATE  OR  LOCAL  CORRECTIONAL
   22  FACILITY,  HOSPITAL  OR  INSTITUTION  WHERE  HE  OR  SHE WAS CONFINED OR
   23  COMMITTED, SHALL WITHIN FORTY-FIVE CALENDAR  DAYS  PRIOR  TO  DISCHARGE,
   24  PAROLE OR RELEASE, BE INFORMED OF HIS OR HER DUTY TO REGISTER UNDER THIS
   25  ARTICLE,  BY  THE FACILITY IN WHICH HE OR SHE WAS CONFINED OR COMMITTED.
   26  THE FACILITY SHALL REQUIRE THE VIOLENT FELONY OFFENDER TO READ AND  SIGN
   27  SUCH  FORM AS MAY BE REQUIRED BY THE DIVISION STATING THE DUTY TO REGIS-
   28  TER AND THE PROCEDURE FOR REGISTRATION HAS BEEN EXPLAINED TO HIM OR HER.
   29  THE FACILITY SHALL OBTAIN ON SUCH FORM THE  ADDRESS  WHERE  THE  VIOLENT
   30  FELONY  OFFENDER  EXPECTS TO RESIDE UPON HIS OR HER DISCHARGE, PAROLE OR
   31  RELEASE AND SHALL REPORT THE ADDRESS TO THE DIVISION. THE FACILITY SHALL
   32  GIVE ONE COPY OF THE FORM TO THE VIOLENT FELONY OFFENDER AND SHALL  SEND
   33  TWO  COPIES  TO  THE  DIVISION  WHICH  SHALL FORWARD ONE COPY TO THE LAW
   34  ENFORCEMENT AGENCY HAVING JURISDICTION WHERE THE VIOLENT FELONY OFFENDER
   35  EXPECTS TO RESIDE UPON HIS OR HER DISCHARGE, PAROLE OR RELEASE. IN ADDI-
   36  TION, THE FACILITY SHALL GIVE THE VIOLENT  FELONY  OFFENDER  A  FORM  TO
   37  REGISTER  WITH  THE  DIVISION  WITHIN  TEN CALENDAR DAYS FOR PURPOSES OF
   38  VERIFYING SUCH VIOLENT FELONY OFFENDER'S INTENDED PLACE OF RESIDENCE.
   39    2. THE DIVISION SHALL ALSO IMMEDIATELY TRANSMIT  THE  CONVICTION  DATA
   40  AND  FINGERPRINTS TO THE FEDERAL BUREAU OF INVESTIGATION, IF NOT ALREADY
   41  OBTAINED.
   42    S 167. DUTY TO REGISTER.  1.  ANY  VIOLENT  FELONY  OFFENDER,  WHO  IS
   43  DISCHARGED,  PAROLED  OR  RELEASED  FROM ANY STATE OR LOCAL CORRECTIONAL
   44  FACILITY, HOSPITAL OR INSTITUTION  WHERE  HE  OR  SHE  WAS  CONFINED  OR
   45  COMMITTED, SHALL REGISTER WITH THE DIVISION WITHIN TEN CALENDAR DAYS FOR
   46  PURPOSES  OF  VERIFYING SUCH VIOLENT FELONY OFFENDER'S INTENDED PLACE OF
   47  RESIDENCE.
   48    2. FOR A VIOLENT FELONY OFFENDER REQUIRED TO REGISTER UNDER THIS ARTI-
   49  CLE ON EACH ANNIVERSARY OF THE VIOLENT FELONY OFFENDER'S INITIAL  REGIS-
   50  TRATION  DATE DURING THE PERIOD ON WHICH HE OR SHE IS REQUIRED TO REGIS-
   51  TER UNDER THIS SECTION THE FOLLOWING APPLIES:
   52    (A) THE VIOLENT FELONY OFFENDER SHALL MAIL THE  VERIFICATION  FORM  TO
   53  THE DIVISION WITHIN TEN CALENDAR DAYS AFTER RECEIPT OF THE FORM.
   54    (B) THE VERIFICATION FORM SHALL BE SIGNED BY THE VIOLENT FELONY OFFEN-
   55  DER, AND STATE THAT HE OR SHE STILL RESIDES AT THE ADDRESS LAST REPORTED
   56  TO THE DIVISION.
       S. 5806                            51
    1    (C) IF THE VIOLENT FELONY OFFENDER FAILS TO MAIL THE VERIFICATION FORM
    2  TO  THE  DIVISION WITHIN TEN CALENDAR DAYS AFTER RECEIPT OF THE FORM, HE
    3  OR SHE SHALL BE IN VIOLATION OF THIS SECTION.
    4    3.  THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION SHALL BE APPLIED
    5  TO A VIOLENT FELONY OFFENDER REQUIRED TO  REGISTER  UNDER  THIS  ARTICLE
    6  EXCEPT  THAT SUCH VIOLENT FELONY OFFENDER DESIGNATED AS A VIOLENT PREDA-
    7  TOR MUST PERSONALLY VERIFY WITH THE LOCAL LAW  ENFORCEMENT  AGENCY,  THE
    8  REGISTRATION  EVERY  NINETY  CALENDAR DAYS AFTER THE DATE OF THE INITIAL
    9  RELEASE OR COMMENCEMENT OF PAROLE.
   10    4. ANY VIOLENT FELONY OFFENDER SHALL REGISTER WITH THE DIVISION WITHIN
   11  TEN CALENDAR DAYS PRIOR TO ANY CHANGE OF ADDRESS. THE DIVISION SHALL, IF
   12  THE VIOLENT FELONY OFFENDER CHANGES RESIDENCE TO ANOTHER  STATE,  NOTIFY
   13  THE  APPROPRIATE  STATE  LAW  ENFORCEMENT  AGENCY WITH WHICH THE VIOLENT
   14  FELONY OFFENDER MUST REGISTER IN THE NEW STATE. IF ANY  PERSON  REQUIRED
   15  TO  REGISTER  AS  PROVIDED IN THIS ARTICLE CHANGES THE ADDRESS OF HIS OR
   16  HER RESIDENCE, THE VIOLENT FELONY OFFENDER  SHALL  WITHIN  TEN  CALENDAR
   17  DAYS, INFORM IN WRITING THE LAW ENFORCEMENT AGENCY WHERE LAST REGISTERED
   18  OF  THE  NEW  ADDRESS.  THE  LAW  ENFORCEMENT AGENCY SHALL, WITHIN THREE
   19  CALENDAR DAYS OF RECEIPT OF THE NEW ADDRESS, FORWARD THIS INFORMATION TO
   20  THE DIVISION AND TO THE LAW ENFORCEMENT AGENCY  HAVING  JURISDICTION  IN
   21  THE NEW PLACE OF RESIDENCE.
   22    5. THE DUTY TO REGISTER UNDER THE PROVISIONS OF THIS ARTICLE SHALL NOT
   23  BE  APPLICABLE  TO  ANY  VIOLENT  FELONY  OFFENDER  WHOSE CONVICTION WAS
   24  REVERSED UPON APPEAL OR WHO WAS PARDONED BY THE GOVERNOR.
   25    S 167-A. PRIOR CONVICTIONS; DUTY TO INFORM AND REGISTER. 1.  IT  SHALL
   26  BE  THE DUTY OF THE SENTENCING COURT APPLYING THE GUIDELINES ESTABLISHED
   27  IN SUBDIVISION FIVE OF SECTION ONE HUNDRED SIXTY-SEVEN-F OF THIS ARTICLE
   28  TO DETERMINE THE  DURATION  OF  REGISTRATION  PURSUANT  TO  SECTION  ONE
   29  HUNDRED  SIXTY-SEVEN-B  OF  THIS  ARTICLE  AND  NOTIFICATION PURSUANT TO
   30  SUBDIVISION SIX OF SECTION ONE HUNDRED SIXTY-SEVEN-F OF THIS ARTICLE AND
   31  NOTIFICATION FOR EVERY VIOLENT FELONY OFFENDER WHO ON THE EFFECTIVE DATE
   32  OF THIS ARTICLE IS THEN ON PAROLE OR PROBATION FOR COMMITTING A  VIOLENT
   33  FELONY  OFFENSE OR A CLASS A OFFENSE DEFINED IN THE PENAL LAW EXCEPT FOR
   34  A CLASS A OFFENSE DEFINED IN ARTICLE TWO HUNDRED  TWENTY  OF  THE  PENAL
   35  LAW.
   36    2.  EVERY  VIOLENT  FELONY  OFFENDER WHO ON THE EFFECTIVE DATE OF THIS
   37  ARTICLE IS THEN ON PAROLE OR PROBATION  FOR  A  VIOLENT  FELONY  OFFENSE
   38  SHALL  WITHIN  TEN CALENDAR DAYS OF SUCH DETERMINATION REGISTER WITH HIS
   39  OR HER PAROLE OR PROBATION OFFICER. ON EACH ANNIVERSARY OF  THE  VIOLENT
   40  FELONY  OFFENDER'S  INITIAL REGISTRATION DATE THEREAFTER, THE PROVISIONS
   41  OF SECTION ONE HUNDRED SIXTY-SEVEN OF  THIS  ARTICLE  SHALL  APPLY.  ANY
   42  VIOLENT  FELONY  OFFENDER  WHO  FAILS  OR  REFUSES TO SO COMPLY SHALL BE
   43  SUBJECT TO THE SAME PENALTIES AS OTHERWISE PROVIDED FOR IN THIS  ARTICLE
   44  WHICH  WOULD  BE  IMPOSED  UPON  A  VIOLENT FELONY OFFENDER WHO FAILS OR
   45  REFUSES TO SO COMPLY WITH THE PROVISIONS OF THIS  ARTICLE  ON  OR  AFTER
   46  SUCH EFFECTIVE DATE.
   47    3.  IT  SHALL BE THE DUTY OF THE PAROLE OR PROBATION OFFICER TO INFORM
   48  AND REGISTER SUCH VIOLENT FELONY OFFENDER ACCORDING TO THE  REQUIREMENTS
   49  IMPOSED  BY  THIS  ARTICLE. A PAROLE OR PROBATION OFFICER SHALL GIVE ONE
   50  COPY OF THE FORM TO THE VIOLENT FELONY OFFENDER AND SHALL, WITHIN  THREE
   51  CALENDAR  DAYS, SEND TWO COPIES ELECTRONICALLY OR OTHERWISE TO THE DIVI-
   52  SION WHICH SHALL FORWARD ONE COPY ELECTRONICALLY OR OTHERWISE TO THE LAW
   53  ENFORCEMENT AGENCY HAVING JURISDICTION WHERE THE VIOLENT FELONY OFFENDER
   54  RESIDES UPON HIS OR HER PAROLE, PROBATION, OR UPON ANY FORM OF STATE  OR
   55  LOCAL CONDITIONAL RELEASE.
       S. 5806                            52
    1    4. A PETITION FOR RELIEF FROM THIS SECTION IS PERMITTED TO ANY VIOLENT
    2  FELONY  OFFENDER  REQUIRED  TO  REGISTER  WHILE  RELEASED  ON  PAROLE OR
    3  PROBATION PURSUANT TO SECTION ONE HUNDRED SIXTY-SEVEN-I OF THIS ARTICLE.
    4    S  167-B. DURATION OF REGISTRATION. THE DURATION OF REGISTRATION FOR A
    5  VIOLENT FELONY OFFENDER SHALL BE ANNUALLY FOR A PERIOD OF TEN YEARS FROM
    6  THE INITIAL DATE OF REGISTRATION, PROVIDED, HOWEVER, THAT FOR A  VIOLENT
    7  PREDATOR,  SHALL ANNUALLY REGISTER AND VERIFY QUARTERLY FOR A MINIMUM OF
    8  TEN YEARS UNLESS THE COURT DETERMINES IN  ACCORDANCE  WITH  SECTION  ONE
    9  HUNDRED SIXTY-SEVEN-I OF THIS ARTICLE, THAT THE PERSON NO LONGER SUFFERS
   10  FROM A MENTAL ABNORMALITY THAT WOULD MAKE HIM OR HER LIKELY TO ENGAGE IN
   11  A PREDATORY VIOLENT OFFENSE.
   12    S  167-C.  REGISTRATION REQUIREMENTS. REGISTRATION AS REQUIRED BY THIS
   13  ARTICLE SHALL CONSIST OF A STATEMENT IN WRITING SIGNED  BY  THE  VIOLENT
   14  FELONY  OFFENDER GIVING THE INFORMATION THAT IS REQUIRED BY THE DIVISION
   15  AND THE DIVISION SHALL ENTER THE INFORMATION INTO AN  APPROPRIATE  ELEC-
   16  TRONIC DATABASE OR FILE.
   17    S  167-D.  NOTIFICATION OF LOCAL LAW ENFORCEMENT AGENCIES OF CHANGE OF
   18  ADDRESS. 1. UPON RECEIPT OF A CHANGE OF  ADDRESS  BY  A  VIOLENT  FELONY
   19  OFFENDER REQUIRED TO REGISTER UNDER THIS ARTICLE, THE LOCAL LAW ENFORCE-
   20  MENT  AGENCY  WHERE  THE  VIOLENT  FELONY OFFENDER LAST REGISTERED SHALL
   21  WITHIN THREE CALENDAR DAYS OF RECEIPT OF THE NEW ADDRESS,  FORWARD  THIS
   22  INFORMATION  TO  THE  DIVISION  AND  TO THE LOCAL LAW ENFORCEMENT AGENCY
   23  HAVING JURISDICTION OF THE NEW PLACE OF RESIDENCE.
   24    2. A CHANGE OF ADDRESS BY A VIOLENT FELONY OFFENDER REQUIRED TO REGIS-
   25  TER UNDER THIS ARTICLE SHALL BE IMMEDIATELY REPORTED BY THE DIVISION  TO
   26  THE  APPROPRIATE  LAW  ENFORCEMENT  AGENCY HAVING JURISDICTION WHERE THE
   27  VIOLENT FELONY OFFENDER IS RESIDING.
   28    3. UPON RECEIPT OF  CHANGE  OF  ADDRESS  INFORMATION,  THE  LOCAL  LAW
   29  ENFORCEMENT  AGENCY  HAVING  JURISDICTION  OF THE NEW PLACE OF RESIDENCE
   30  SHALL ADHERE TO THE NOTIFICATION PROVISIONS SET FORTH IN SUBDIVISION SIX
   31  OF SECTION ONE HUNDRED SIXTY-SEVEN-F OF THIS ARTICLE.
   32    S 167-E. REGISTRATION FOR CHANGE OF ADDRESS FROM ANOTHER STATE.  1.  A
   33  VIOLENT  FELONY  OFFENDER  WHO  HAS  BEEN  CONVICTED OF AN OFFENSE WHICH
   34  REQUIRES REGISTRATION UNDER SECTION ONE HUNDRED  SIXTY-SEVEN-C  OF  THIS
   35  ARTICLE  SHALL  REGISTER THE NEW ADDRESS WITH THE DIVISION NO LATER THAN
   36  TEN CALENDAR DAYS AFTER SUCH VIOLENT FELONY OFFENDER  ESTABLISHES  RESI-
   37  DENCE  IN  THIS STATE. THE DIVISION SHALL COORDINATE WITH THE DESIGNATED
   38  LAW ENFORCEMENT AGENCY OF THE STATE OF WHICH THE INDIVIDUAL DEPARTED  ON
   39  INFORMATION RELEVANT TO THE DURATION OF REGISTRATION.
   40    2.  THE  DIVISION  SHALL ADVISE THE BOARD THAT THE OFFENDER HAS ESTAB-
   41  LISHED RESIDENCE IN THIS STATE. THE BOARD SHALL  DETERMINE  WHETHER  THE
   42  OFFENDER  IS REQUIRED TO REGISTER WITH THE DIVISION. IF IT IS DETERMINED
   43  THAT THE OFFENDER IS REQUIRED TO REGISTER, THE DIVISION SHALL NOTIFY THE
   44  OFFENDER OF HIS OR HER DUTY TO REGISTER UNDER  THIS  ARTICLE  AND  SHALL
   45  REQUIRE  THE  OFFENDER TO SIGN A FORM AS MAY BE REQUIRED BY THE DIVISION
   46  ACKNOWLEDGING THAT THE DUTY TO REGISTER AND THE PROCEDURE FOR  REGISTRA-
   47  TION  HAS  BEEN  EXPLAINED TO THE OFFENDER. THE DIVISION SHALL OBTAIN ON
   48  SUCH FORM THE ADDRESS WHERE THE OFFENDER EXPECTS TO  RESIDE  WITHIN  THE
   49  STATE  AND  THE  OFFENDER SHALL RETAIN ONE COPY OF THE FORM AND SEND TWO
   50  COPIES TO THE DIVISION WHICH SHALL PROVIDE THE INFORMATION  TO  THE  LAW
   51  ENFORCEMENT  AGENCY  HAVING  JURISDICTION  WHERE THE OFFENDER EXPECTS TO
   52  RESIDE WITHIN THIS STATE. NO LATER THAN THIRTY DAYS PRIOR TO  THE  BOARD
   53  MAKING  A RECOMMENDATION, THE OFFENDER SHALL BE NOTIFIED THAT HIS OR HER
   54  CASE IS UNDER REVIEW AND THAT HE OR SHE IS PERMITTED TO  SUBMIT  TO  THE
   55  BOARD ANY INFORMATION RELEVANT TO THE REVIEW. AFTER REVIEWING ANY INFOR-
   56  MATION  OBTAINED, AND APPLYING THE GUIDELINES ESTABLISHED IN SUBDIVISION
       S. 5806                            53
    1  FIVE OF SECTION ONE HUNDRED SIXTY-SEVEN-F OF  THIS  ARTICLE,  THE  BOARD
    2  SHALL  WITHIN  SIXTY  CALENDAR  DAYS MAKE A RECOMMENDATION REGARDING THE
    3  LEVEL OF NOTIFICATION PURSUANT TO SUBDIVISION SIX OF SECTION ONE HUNDRED
    4  SIXTY-SEVEN-F  OF THIS ARTICLE AND WHETHER SUCH OFFENDER SHALL BE DESIG-
    5  NATED A VIOLENT FELONY OFFENDER OR A VIOLENT PREDATOR.  THIS RECOMMENDA-
    6  TION SHALL BE  CONFIDENTIAL  AND  SHALL  NOT  BE  AVAILABLE  FOR  PUBLIC
    7  INSPECTION.  IT  SHALL  BE SUBMITTED BY THE BOARD TO THE COUNTY COURT OR
    8  SUPREME COURT AND TO THE DISTRICT ATTORNEY IN THE COUNTY OF RESIDENCE OF
    9  THE OFFENDER AND TO THE OFFENDER. IT SHALL BE THE  DUTY  OF  THE  COUNTY
   10  COURT  OR  SUPREME  COURT  IN  THE  COUNTY OF RESIDENCE OF THE OFFENDER,
   11  APPLYING THE GUIDELINES ESTABLISHED IN SUBDIVISION FIVE OF  SECTION  ONE
   12  HUNDRED SIXTY-SEVEN-F OF THIS ARTICLE, TO DETERMINE THE LEVEL OF NOTIFI-
   13  CATION  PURSUANT TO SUBDIVISION SIX OF SECTION ONE HUNDRED SIXTY-SEVEN-F
   14  OF THIS ARTICLE AND WHETHER SUCH OFFENDER SHALL BE DESIGNATED A  VIOLENT
   15  FELONY  OFFENDER  OR  A VIOLENT PREDATOR.  AT LEAST THIRTY DAYS PRIOR TO
   16  THE DETERMINATION PROCEEDING,  SUCH  COURT  SHALL  NOTIFY  THE  DISTRICT
   17  ATTORNEY  AND THE OFFENDER, IN WRITING, OF THE DATE OF THE DETERMINATION
   18  PROCEEDING AND THE COURT SHALL ALSO PROVIDE THE  DISTRICT  ATTORNEY  AND
   19  OFFENDER  WITH  A COPY OF THE RECOMMENDATION RECEIVED FROM THE BOARD AND
   20  ANY STATEMENT OF THE REASONS FOR THE RECOMMENDATION  RECEIVED  FROM  THE
   21  BOARD.  THIS  NOTICE SHALL INCLUDE THE FOLLOWING STATEMENT OR A SUBSTAN-
   22  TIALLY SIMILAR STATEMENT: "THIS PROCEEDING IS BEING  HELD  TO  DETERMINE
   23  WHETHER  YOU  WILL  BE  CLASSIFIED AS A LEVEL 3 OFFENDER (RISK OF REPEAT
   24  OFFENSE IS HIGH), A LEVEL 2 OFFENDER (RISK OF REPEAT OFFENSE  IS  MODER-
   25  ATE),  OR A LEVEL 1 OFFENDER (RISK OF REPEAT OFFENSE IS LOW), OR WHETHER
   26  YOU WILL BE DESIGNATED AS A VIOLENT FELONY OFFENDER OR A VIOLENT  PREDA-
   27  TOR,  WHICH WILL DETERMINE HOW LONG YOU MUST REGISTER AS AN OFFENDER AND
   28  HOW MUCH INFORMATION CAN BE  PROVIDED  TO  THE  PUBLIC  CONCERNING  YOUR
   29  REGISTRATION.  IF  YOU FAIL TO APPEAR AT THIS PROCEEDING, WITHOUT SUFFI-
   30  CIENT EXCUSE, IT SHALL BE HELD IN YOUR ABSENCE. FAILURE  TO  APPEAR  MAY
   31  RESULT IN A LONGER PERIOD OF REGISTRATION OR A HIGHER LEVEL OF COMMUNITY
   32  NOTIFICATION  BECAUSE  YOU  ARE NOT PRESENT TO OFFER EVIDENCE OR CONTEST
   33  EVIDENCE OFFERED BY THE DISTRICT ATTORNEY."  THE COURT SHALL ALSO ADVISE
   34  THE OFFENDER THAT HE OR SHE HAS A  RIGHT  TO  A  HEARING  PRIOR  TO  THE
   35  COURT'S DETERMINATION, THAT HE OR SHE HAS THE RIGHT TO BE REPRESENTED BY
   36  COUNSEL  AT  THE HEARING AND THAT COUNSEL WILL BE APPOINTED IF HE OR SHE
   37  IS FINANCIALLY UNABLE TO RETAIN COUNSEL.  A  RETURNABLE  FORM  SHALL  BE
   38  ENCLOSED IN THE COURT'S NOTICE TO THE OFFENDER ON WHICH THE OFFENDER MAY
   39  APPLY FOR ASSIGNMENT OF COUNSEL.  IF THE OFFENDER APPLIES FOR ASSIGNMENT
   40  OF  COUNSEL  AND THE COURT FINDS THAT THE OFFENDER IS FINANCIALLY UNABLE
   41  TO RETAIN COUNSEL, THE COURT  SHALL  ASSIGN  COUNSEL  TO  REPRESENT  THE
   42  OFFENDER  PURSUANT  TO  ARTICLE  EIGHTEEN-B  OF  THE  COUNTY LAW. IF THE
   43  DISTRICT ATTORNEY SEEKS A DETERMINATION THAT DIFFERS FROM THE  RECOMMEN-
   44  DATION  SUBMITTED  BY THE BOARD, AT LEAST TEN DAYS PRIOR TO THE DETERMI-
   45  NATION PROCEEDING THE DISTRICT ATTORNEY SHALL PROVIDE TO THE  COURT  AND
   46  THE  OFFENDER A STATEMENT SETTING FORTH THE DETERMINATIONS SOUGHT BY THE
   47  DISTRICT ATTORNEY TOGETHER WITH THE REASONS FOR  SEEKING  SUCH  DETERMI-
   48  NATIONS.  THE COURT SHALL ALLOW THE OFFENDER TO APPEAR AND BE HEARD. THE
   49  STATE SHALL APPEAR BY THE DISTRICT ATTORNEY, OR HIS OR HER DESIGNEE, WHO
   50  SHALL BEAR THE BURDEN OF PROVING THE FACTS SUPPORTING THE DETERMINATIONS
   51  SOUGHT BY CLEAR AND CONVINCING EVIDENCE. IT SHALL BE  THE  DUTY  OF  THE
   52  COURT APPLYING THE GUIDELINES ESTABLISHED IN SUBDIVISION FIVE OF SECTION
   53  ONE  HUNDRED  SIXTY-SEVEN-F  OF  THIS  ARTICLE TO DETERMINE THE LEVEL OF
   54  NOTIFICATION  PURSUANT  TO  SUBDIVISION  SIX  OF  SECTION  ONE   HUNDRED
   55  SIXTY-SEVEN-F  OF THIS ARTICLE AND WHETHER SUCH OFFENDER SHALL BE DESIG-
   56  NATED A VIOLENT FELONY OFFENDER OR A VIOLENT PREDATOR.  WHERE THERE IS A
       S. 5806                            54
    1  DISPUTE BETWEEN THE PARTIES CONCERNING  THE  DETERMINATIONS,  THE  COURT
    2  SHALL  ADJOURN  THE  HEARING  AS NECESSARY TO PERMIT THE OFFENDER OR THE
    3  DISTRICT ATTORNEY TO OBTAIN MATERIALS  RELEVANT  TO  THE  DETERMINATIONS
    4  FROM  THE  STATE  BOARD  OF EXAMINERS OF OFFENDERS OR ANY STATE OR LOCAL
    5  FACILITY, HOSPITAL, INSTITUTION, OFFICE, AGENCY, DEPARTMENT OR DIVISION.
    6  SUCH MATERIALS MAY BE OBTAINED BY SUBPOENA IF NOT  VOLUNTARILY  PROVIDED
    7  TO  THE  REQUESTING  PARTY. IN MAKING THE DETERMINATIONS THE COURT SHALL
    8  REVIEW ANY VICTIM'S STATEMENT AND ANY RELEVANT  MATERIALS  AND  EVIDENCE
    9  SUBMITTED  BY THE OFFENDER AND THE DISTRICT ATTORNEY AND THE RECOMMENDA-
   10  TION AND ANY MATERIAL SUBMITTED BY THE BOARD, AND MAY CONSIDER  RELIABLE
   11  HEARSAY EVIDENCE SUBMITTED BY EITHER PARTY, PROVIDED THAT IT IS RELEVANT
   12  TO  THE  DETERMINATIONS. IF AVAILABLE, FACTS PROVEN AT TRIAL OR ELICITED
   13  AT THE TIME OF A PLEA OF GUILTY SHALL BE DEEMED ESTABLISHED BY CLEAR AND
   14  CONVINCING EVIDENCE AND SHALL NOT BE RELITIGATED. THE COURT SHALL RENDER
   15  AN ORDER SETTING FORTH ITS DETERMINATIONS AND THE FINDINGS OF  FACT  AND
   16  CONCLUSIONS  OF LAW ON WHICH THE DETERMINATIONS ARE BASED. A COPY OF THE
   17  ORDER SHALL BE SUBMITTED BY THE COURT TO THE DIVISION. UPON  APPLICATION
   18  OF  EITHER  PARTY, THE COURT SHALL SEAL ANY PORTION OF THE COURT FILE OR
   19  RECORD WHICH CONTAINS MATERIAL THAT IS CONFIDENTIAL UNDER ANY  STATE  OR
   20  FEDERAL  STATUTE.  EITHER  PARTY  MAY  APPEAL AS OF RIGHT FROM THE ORDER
   21  PURSUANT TO THE PROVISIONS OF ARTICLES FIFTY-FIVE, FIFTY-SIX AND  FIFTY-
   22  SEVEN  OF  THE  CIVIL  PRACTICE  LAW  AND  RULES. WHERE COUNSEL HAS BEEN
   23  ASSIGNED TO REPRESENT THE OFFENDER UPON THE GROUND THAT THE OFFENDER  IS
   24  FINANCIALLY UNABLE TO RETAIN COUNSEL, THAT ASSIGNMENT SHALL BE CONTINUED
   25  THROUGHOUT  THE  PENDENCY  OF THE APPEAL, AND THE PERSON MAY APPEAL AS A
   26  POOR PERSON PURSUANT TO ARTICLE EIGHTEEN-B OF THE COUNTY LAW.
   27    3. IF AN OFFENDER, HAVING BEEN GIVEN NOTICE, INCLUDING  THE  TIME  AND
   28  PLACE  OF  THE DETERMINATION PROCEEDING IN ACCORDANCE WITH THIS SECTION,
   29  FAILS TO APPEAR AT THIS PROCEEDING, WITHOUT SUFFICIENT EXCUSE, THE COURT
   30  SHALL CONDUCT THE HEARING AND MAKE THE DETERMINATIONS IN THE MANNER  SET
   31  FORTH IN SUBDIVISION TWO OF THIS SECTION.
   32    S  167-F.  BOARD  OF  EXAMINERS  OF VIOLENT FELONY OFFENDERS. 1. THERE
   33  SHALL BE A BOARD OF EXAMINERS OF VIOLENT FELONY  OFFENDERS  WHICH  SHALL
   34  POSSESS  THE  POWERS  AND  DUTIES SPECIFIED IN THIS SECTION.  SUCH BOARD
   35  SHALL CONSIST OF FIVE MEMBERS OF THE DEPARTMENT WHO SHALL  BE  APPOINTED
   36  BY  THE  GOVERNOR,  THREE  OF  WHOM SHALL BE EXPERTS IN THE FIELD OF THE
   37  BEHAVIOR AND TREATMENT OF VIOLENT FELONY OFFENDERS.  THE TERM OF  OFFICE
   38  OF  EACH MEMBER OF SUCH BOARD SHALL BE FOR SIX YEARS; PROVIDED, HOWEVER,
   39  THAT ANY MEMBER CHOSEN TO FILL A VACANCY  OCCURRING  OTHERWISE  THAN  BY
   40  EXPIRATION OF TERM SHALL BE APPOINTED FOR THE REMAINDER OF THE UNEXPIRED
   41  TERM  OF  THE  MEMBER  WHOM HE OR SHE IS TO SUCCEED. IN THE EVENT OF THE
   42  INABILITY TO ACT OF ANY MEMBER, THE GOVERNOR MAY APPOINT SOME  COMPETENT
   43  INFORMED  PERSON  TO  ACT  IN HIS OR HER STEAD DURING THE CONTINUANCE OF
   44  SUCH DISABILITY.
   45    2. THE GOVERNOR SHALL DESIGNATE ONE OF THE MEMBERS  OF  THE  BOARD  AS
   46  CHAIRMAN  TO  SERVE  IN SUCH CAPACITY AT THE PLEASURE OF THE GOVERNOR OR
   47  UNTIL THE MEMBER'S TERM OF OFFICE EXPIRES AND A SUCCESSOR IS  DESIGNATED
   48  IN ACCORDANCE WITH LAW, WHICHEVER FIRST OCCURS.
   49    3.  ANY  MEMBER  OF THE BOARD MAY BE REMOVED BY THE GOVERNOR FOR CAUSE
   50  AFTER AN OPPORTUNITY TO BE HEARD.
   51    4. EXCEPT AS OTHERWISE PROVIDED BY LAW, A MAJORITY OF THE BOARD  SHALL
   52  CONSTITUTE A QUORUM FOR THE TRANSACTION OF ALL BUSINESS OF THE BOARD.
   53    5.  THE  BOARD  SHALL  DEVELOP GUIDELINES AND PROCEDURES TO ASSESS THE
   54  RISK OF A REPEAT OFFENSE BY SUCH VIOLENT FELONY OFFENDER AND THE  THREAT
   55  POSED TO THE PUBLIC SAFETY. SUCH GUIDELINES SHALL BE BASED UPON, BUT NOT
   56  LIMITED TO, THE FOLLOWING:
       S. 5806                            55
    1    (A)  CRIMINAL  HISTORY  FACTORS  INDICATIVE  OF  HIGH  RISK  OF REPEAT
    2  OFFENSE, INCLUDING: (I) WHETHER THE VIOLENT FELONY OFFENDER HAS A MENTAL
    3  ABNORMALITY;
    4    (II)  WHETHER  THE  VIOLENT  FELONY OFFENDER'S CONDUCT WAS FOUND TO BE
    5  CHARACTERIZED BY REPETITIVE AND  COMPULSIVE  BEHAVIOR,  ASSOCIATED  WITH
    6  DRUGS OR ALCOHOL;
    7    (III) WHETHER THE VIOLENT FELONY OFFENDER SERVED THE MAXIMUM TERM;
    8    (IV)  WHETHER THE VIOLENT FELONY OFFENDER COMMITTED THE VIOLENT FELONY
    9  OFFENSE AGAINST A CHILD;
   10    (V) THE AGE OF THE VIOLENT FELONY OFFENDER AT THE TIME OF THE  COMMIS-
   11  SION OF THE FIRST VIOLENT OFFENSE;
   12    (B)  OTHER  CRIMINAL  HISTORY  FACTORS TO BE CONSIDERED IN DETERMINING
   13  RISK, INCLUDING:
   14    (I) THE RELATIONSHIP BETWEEN SUCH  VIOLENT  FELONY  OFFENDER  AND  THE
   15  VICTIM;
   16    (II)  WHETHER  THE  OFFENSE  INVOLVED THE USE OF A WEAPON, VIOLENCE OR
   17  INFLICTION OF SERIOUS BODILY INJURY;
   18    (III) THE NUMBER, DATE AND NATURE OF PRIOR OFFENSES;
   19    (C) CONDITIONS OF RELEASE THAT MINIMIZE RISK OF RE-OFFENSE,  INCLUDING
   20  BUT  NOT  LIMITED TO WHETHER THE VIOLENT FELONY OFFENDER IS UNDER SUPER-
   21  VISION; RECEIVING COUNSELING, THERAPY OR TREATMENT;  OR  RESIDING  IN  A
   22  HOME SITUATION THAT PROVIDES GUIDANCE AND SUPERVISION;
   23    (D)  PHYSICAL  CONDITIONS  THAT MINIMIZE RISK OF RE-OFFENSE, INCLUDING
   24  BUT NOT LIMITED TO ADVANCED AGE OR DEBILITATING ILLNESS;
   25    (E) WHETHER PSYCHOLOGICAL OR PSYCHIATRIC PROFILES INDICATE A  RISK  OF
   26  RECIDIVISM;
   27    (F) THE VIOLENT FELONY OFFENDER'S RESPONSE TO TREATMENT;
   28    (G) RECENT BEHAVIOR, INCLUDING BEHAVIOR WHILE CONFINED;
   29    (H)  RECENT  THREATS  OR  GESTURES  AGAINST  PERSONS OR EXPRESSIONS OF
   30  INTENT TO COMMIT ADDITIONAL OFFENSES; AND
   31    (I) REVIEW OF ANY VICTIM IMPACT STATEMENT.
   32    6. APPLYING THESE GUIDELINES, THE BOARD SHALL  WITHIN  SIXTY  CALENDAR
   33  DAYS  PRIOR  TO  THE  DISCHARGE,  PAROLE  OR RELEASE OF A VIOLENT FELONY
   34  OFFENDER MAKE A RECOMMENDATION WHICH SHALL BE CONFIDENTIAL AND SHALL NOT
   35  BE AVAILABLE FOR PUBLIC INSPECTION, TO THE SENTENCING COURT AS TO WHETH-
   36  ER SUCH VIOLENT FELONY OFFENDER  WARRANTS  THE  DESIGNATION  OF  VIOLENT
   37  PREDATOR.  IN  ADDITION, THE GUIDELINES SHALL BE APPLIED BY THE BOARD TO
   38  MAKE A RECOMMENDATION TO THE SENTENCING COURT, PROVIDING FOR ONE OF  THE
   39  FOLLOWING   THREE  LEVELS  OF  NOTIFICATION  NOTWITHSTANDING  ANY  OTHER
   40  PROVISION OF LAW DEPENDING UPON THE DEGREE OF THE RISK OF RE-OFFENSE  BY
   41  THE VIOLENT FELONY OFFENDER.
   42    (A)  IF  THE  RISK  OF  REPEAT OFFENSE IS LOW, A LEVEL ONE DESIGNATION
   43  SHALL BE GIVEN TO SUCH VIOLENT FELONY OFFENDER. IN  SUCH  CASE  THE  LAW
   44  ENFORCEMENT  AGENCY  HAVING  JURISDICTION AND THE LAW ENFORCEMENT AGENCY
   45  HAVING HAD JURISDICTION AT THE TIME OF HIS OR HER  CONVICTION  SHALL  BE
   46  NOTIFIED PURSUANT TO THIS ARTICLE.
   47    (B) IF THE RISK OF REPEAT OFFENSE IS MODERATE, A LEVEL TWO DESIGNATION
   48  SHALL  BE  GIVEN  TO  SUCH VIOLENT FELONY OFFENDER. IN SUCH CASE THE LAW
   49  ENFORCEMENT AGENCY HAVING JURISDICTION AND THE  LAW  ENFORCEMENT  AGENCY
   50  HAVING  HAD  JURISDICTION  AT THE TIME OF HIS OR HER CONVICTION SHALL BE
   51  NOTIFIED AND MAY DISSEMINATE  RELEVANT  INFORMATION  WHICH  MAY  INCLUDE
   52  APPROXIMATE  ADDRESS  BASED  ON  VIOLENT  FELONY  OFFENDER'S ZIP CODE, A
   53  PHOTOGRAPH  OF  THE  OFFENDER,  BACKGROUND  INFORMATION  INCLUDING   THE
   54  OFFENDER'S  CRIME  OF  CONVICTION,  MODUS  OF  OPERATION, TYPE OF VICTIM
   55  TARGETED AND THE DESCRIPTION OF SPECIAL CONDITIONS IMPOSED ON THE OFFEN-
   56  DER TO ANY ENTITY WITH VULNERABLE POPULATIONS RELATED TO THE  NATURE  OF
       S. 5806                            56
    1  THE  OFFENSE  COMMITTED  BY  SUCH  VIOLENT  FELONY  OFFENDER. ANY ENTITY
    2  RECEIVING INFORMATION ON A  VIOLENT  FELONY  OFFENDER  MAY  DISCLOSE  OR
    3  FURTHER DISSEMINATE SUCH INFORMATION AT THEIR DISCRETION.
    4    (C) IF THE RISK OF REPEAT OFFENSE IS HIGH AND THERE EXISTS A THREAT TO
    5  THE  PUBLIC  SAFETY,  SUCH  VIOLENT  FELONY  OFFENDER  SHALL BE DEEMED A
    6  "VIOLENT PREDATOR" AND A LEVEL THREE DESIGNATION SHALL BE GIVEN TO  SUCH
    7  VIOLENT FELONY OFFENDER. IN SUCH CASE, THE LAW ENFORCEMENT AGENCY HAVING
    8  JURISDICTION  AND  THE LAW ENFORCEMENT AGENCY HAVING HAD JURISDICTION AT
    9  THE TIME OF HIS OR HER CONVICTION SHALL BE NOTIFIED AND MAY  DISSEMINATE
   10  RELEVANT  INFORMATION  WHICH  MAY  INCLUDE THE VIOLENT FELONY OFFENDER'S
   11  EXACT ADDRESS, A PHOTOGRAPH  OF  THE  OFFENDER,  BACKGROUND  INFORMATION
   12  INCLUDING  THE  OFFENDER'S CRIME OF CONVICTION, MODUS OF OPERATION, TYPE
   13  OF VICTIM TARGETED, AND THE DESCRIPTION OF SPECIAL CONDITIONS IMPOSED ON
   14  THE OFFENDER TO ANY ENTITY WITH VULNERABLE POPULATIONS  RELATED  TO  THE
   15  NATURE OF THE OFFENSE COMMITTED BY SUCH VIOLENT FELONY OFFENDERS.
   16    ANY  ENTITY  RECEIVING  INFORMATION  ON  A VIOLENT FELONY OFFENDER MAY
   17  DISCLOSE OR FURTHER DISSEMINATE SUCH INFORMATION AT THEIR DISCRETION. IN
   18  ADDITION, IN SUCH CASE, THE INFORMATION DESCRIBED IN THIS SECTION  SHALL
   19  ALSO  BE  PROVIDED  IN  THE SUBDIRECTORY ESTABLISHED IN THIS ARTICLE AND
   20  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, SUCH INFORMATION SHALL, UPON
   21  REQUEST, BE MADE AVAILABLE TO THE PUBLIC.
   22    7. UPON  REQUEST  BY  THE  COURT,  PURSUANT  TO  SECTION  ONE  HUNDRED
   23  SIXTY-SEVEN-I OF THIS ARTICLE, THE BOARD SHALL PROVIDE AN UPDATED REPORT
   24  PERTAINING  TO THE VIOLENT FELONY OFFENDER PETITIONING RELIEF OF DUTY TO
   25  REGISTER.
   26    S 167-G. REVIEW. NOTWITHSTANDING ANY OTHER PROVISION  OF  LAW  TO  THE
   27  CONTRARY, ANY STATE OR LOCAL CORRECTIONAL FACILITY, HOSPITAL OR INSTITU-
   28  TION  SHALL  FORWARD RELEVANT INFORMATION PERTAINING TO A VIOLENT FELONY
   29  OFFENDER TO BE DISCHARGED, PAROLED OR RELEASED TO THE BOARD  FOR  REVIEW
   30  NO  LATER THAN ONE HUNDRED TWENTY DAYS PRIOR TO THE RELEASE OR DISCHARGE
   31  AND THE BOARD SHALL MAKE RECOMMENDATIONS AS PROVIDED IN SUBDIVISION  SIX
   32  OF  SECTION  ONE HUNDRED SIXTY-SEVEN-F OF THIS ARTICLE WITHIN SIXTY DAYS
   33  OF RECEIPT OF THE INFORMATION. INFORMATION MAY INCLUDE BUT  MAY  NOT  BE
   34  LIMITED TO THE COMMITMENT FILE, MEDICAL FILE AND TREATMENT FILE PERTAIN-
   35  ING  TO  SUCH  PERSON.  SUCH  PERSON SHALL BE PERMITTED TO SUBMIT TO THE
   36  BOARD ANY INFORMATION RELEVANT TO THE REVIEW.
   37    S 167-H. JUDICIAL DETERMINATION. 1. A DETERMINATION THAT  AN  OFFENDER
   38  IS  A  VIOLENT FELONY OFFENDER OR A VIOLENT PREDATOR SHALL BE MADE PRIOR
   39  TO THE DISCHARGE, PAROLE OR RELEASE OF SUCH OFFENDER BY  THE  SENTENCING
   40  COURT  AFTER  RECEIVING  A  RECOMMENDATION  FROM  THE  BOARD PURSUANT TO
   41  SECTION ONE HUNDRED SIXTY-SEVEN-F OF THIS ARTICLE.
   42    2. IN ADDITION, THE SENTENCING COURT SHALL ALSO MAKE  A  DETERMINATION
   43  WITH RESPECT TO THE LEVEL OF NOTIFICATION, AFTER RECEIVING A RECOMMENDA-
   44  TION  FROM  THE  BOARD  PURSUANT TO SECTION ONE HUNDRED SIXTY-SEVEN-F OF
   45  THIS ARTICLE. BOTH DETERMINATIONS OF THE SENTENCING COURT SHALL BE  MADE
   46  THIRTY CALENDAR DAYS PRIOR TO DISCHARGE, PAROLE OR RELEASE.
   47    3.  IN  MAKING  THE DETERMINATION, THE COURT SHALL REVIEW ANY VICTIM'S
   48  STATEMENT AND ANY MATERIALS SUBMITTED BY THE  VIOLENT  FELONY  OFFENDER.
   49  THE  COURT SHALL ALSO ALLOW THE VIOLENT FELONY OFFENDER TO APPEAR AND BE
   50  HEARD, AND INFORM THE VIOLENT FELONY OFFENDER OF HIS  OR  HER  RIGHT  TO
   51  HAVE COUNSEL APPOINTED, IF NECESSARY.
   52    4.  UPON  DETERMINATION  THAT THE RISK OF REPEAT OFFENSE AND THREAT TO
   53  PUBLIC SAFETY IS HIGH, THE SENTENCING COURT SHALL ALSO NOTIFY THE  DIVI-
   54  SION  OF SUCH FACT FOR THE PURPOSES OF SECTION ONE HUNDRED SIXTY-SEVEN-K
   55  OF THIS ARTICLE.
       S. 5806                            57
    1    5. UPON THE REVERSAL OF A CONVICTION OF THE  VIOLENT  FELONY  OFFENSE,
    2  THE COURT SHALL ORDER THE EXPUNGEMENT OF ANY RECORDS REQUIRED TO BE KEPT
    3  PURSUANT TO THIS SECTION.
    4    S  167-I. PETITION FOR RELIEF. ANY VIOLENT FELONY OFFENDER REQUIRED TO
    5  REGISTER PURSUANT TO THIS ARTICLE MAY BE RELIEVED OF ANY FURTHER DUTY TO
    6  REGISTER UPON THE GRANTING OF A PETITION FOR RELIEF  BY  THE  SENTENCING
    7  COURT.  UPON  RECEIPT OF THE PETITION FOR RELIEF, THE COURT SHALL NOTIFY
    8  THE BOARD AND REQUEST AN UPDATED REPORT PERTAINING TO THE VIOLENT FELONY
    9  OFFENDER. AFTER RECEIVING THE REPORT FROM THE BOARD, THE COURT MAY GRANT
   10  OR DENY THE RELIEF SOUGHT. THE COURT MAY CONSULT WITH THE  VICTIM  PRIOR
   11  TO  MAKING  A  DETERMINATION ON THE PETITION. SUCH PETITION, IF GRANTED,
   12  SHALL NOT RELIEVE THE PETITIONER OF THE DUTY  TO  REGISTER  PURSUANT  TO
   13  THIS  ARTICLE  UPON  CONVICTION OF ANY OFFENSE REQUIRING REGISTRATION IN
   14  THE FUTURE.
   15    S 167-J. SPECIAL TELEPHONE NUMBER. 1. PURSUANT TO SECTION ONE  HUNDRED
   16  SIXTY-THREE OF THIS ARTICLE, THE DIVISION SHALL ALSO OPERATE A TELEPHONE
   17  NUMBER  THAT  MEMBERS OF THE PUBLIC MAY CALL AND INQUIRE WHETHER A NAMED
   18  INDIVIDUAL REQUIRED TO REGISTER PURSUANT TO THIS ARTICLE IS LISTED.  THE
   19  DIVISION SHALL ASCERTAIN WHETHER A NAMED PERSON REASONABLY APPEARS TO BE
   20  A  PERSON SO LISTED AND PROVIDE THE CALLER WITH THE RELEVANT INFORMATION
   21  ACCORDING TO RISK AS DESCRIBED IN SUBDIVISION SIX OF SECTION ONE HUNDRED
   22  SIXTY-SEVEN-F OF THIS ARTICLE. THE DIVISION  SHALL  DECIDE  WHETHER  THE
   23  NAMED PERSON REASONABLY APPEARS TO BE A PERSON LISTED, BASED UPON INFOR-
   24  MATION  FROM  THE CALLER PROVIDING INFORMATION THAT SHALL INCLUDE (A) AN
   25  EXACT STREET  ADDRESS,  INCLUDING  APARTMENT  NUMBER,  DRIVER'S  LICENSE
   26  NUMBER OR BIRTH DATE, ALONG WITH ADDITIONAL INFORMATION THAT MAY INCLUDE
   27  SOCIAL  SECURITY NUMBER, HAIR COLOR, EYE COLOR, HEIGHT, WEIGHT, DISTINC-
   28  TIVE MARKINGS, ETHNICITY; OR (B) ANY COMBINATION  OF  THE  ABOVE  LISTED
   29  CHARACTERISTICS  IF  AN EXACT BIRTH DATE OR ADDRESS IS NOT AVAILABLE. IF
   30  THREE OF THE CHARACTERISTICS PROVIDED INCLUDE ETHNICITY, HAIR COLOR, AND
   31  EYE COLOR, OTHER IDENTIFYING  CHARACTERISTICS  SHALL  BE  PROVIDED.  ANY
   32  INFORMATION  IDENTIFYING  THE  VICTIM  BY  NAME,  BIRTH DATE, ADDRESS OR
   33  RELATION TO THE PERSON LISTED BY THE DIVISION SHALL BE EXCLUDED  BY  THE
   34  DIVISION.
   35    2.  WHENEVER  THERE  IS REASONABLE CAUSE TO BELIEVE THAT ANY PERSON OR
   36  GROUP OF PERSONS IS ENGAGED IN A PATTERN OR PRACTICE OF  MISUSE  OF  THE
   37  TELEPHONE  NUMBER,  THE  ATTORNEY  GENERAL, ANY DISTRICT ATTORNEY OR ANY
   38  PERSON AGGRIEVED BY THE MISUSE OF THE NUMBER IS AUTHORIZED  TO  BRING  A
   39  CIVIL  ACTION  IN  THE  APPROPRIATE  COURT REQUESTING PREVENTIVE RELIEF,
   40  INCLUDING AN  APPLICATION  FOR  A  PERMANENT  OR  TEMPORARY  INJUNCTION,
   41  RESTRAINING  ORDER OR OTHER ORDER AGAINST THE PERSON OR GROUP OF PERSONS
   42  RESPONSIBLE FOR THE PATTERN OR PRACTICE OF MISUSE. THE  FOREGOING  REME-
   43  DIES  SHALL  BE INDEPENDENT OF ANY OTHER REMEDIES OR PROCEDURES THAT MAY
   44  BE AVAILABLE TO AN AGGRIEVED PARTY UNDER OTHER PROVISIONS OF  LAW.  SUCH
   45  PERSON  OR  GROUP OF PERSONS SHALL BE SUBJECT TO A FINE OF NOT LESS THAN
   46  FIVE HUNDRED DOLLARS AND NOT MORE THAN ONE THOUSAND DOLLARS.
   47    4. THE DIVISION SHALL SUBMIT TO THE LEGISLATURE AN  ANNUAL  REPORT  ON
   48  THE  OPERATION OF THE TELEPHONE NUMBER. THE ANNUAL REPORT SHALL INCLUDE,
   49  BUT NOT BE LIMITED TO, ALL OF THE FOLLOWING:
   50    (A) NUMBER OF CALLS RECEIVED;
   51    (B) A DETAILED OUTLINE OF THE AMOUNT OF MONEY EXPENDED AND THE  MANNER
   52  IN WHICH IT WAS EXPENDED FOR PURPOSES OF THIS SECTION;
   53    (C)  NUMBER  OF CALLS THAT RESULTED IN AN AFFIRMATIVE RESPONSE AND THE
   54  NUMBER OF CALLS THAT RESULTED IN A  NEGATIVE  RESPONSE  WITH  REGARD  TO
   55  WHETHER A NAMED INDIVIDUAL WAS LISTED;
   56    (D) NUMBER OF PERSONS LISTED; AND
       S. 5806                            58
    1    (E)  A  SUMMARY  OF  THE SUCCESS OF THE TELEPHONE NUMBER PROGRAM BASED
    2  UPON SELECTED FACTORS.
    3    S 167-K. VIOLENT PREDATOR SUBDIRECTORY. 1. THE DIVISION SHALL MAINTAIN
    4  A  SUBDIRECTORY OF VIOLENT PREDATORS. THE SUBDIRECTORY SHALL INCLUDE THE
    5  EXACT ADDRESS AND PHOTOGRAPH OF THE VIOLENT FELONY OFFENDER  ALONG  WITH
    6  THE FOLLOWING INFORMATION, IF AVAILABLE: NAME, PHYSICAL DESCRIPTION, AGE
    7  AND  DISTINCTIVE  MARKINGS. BACKGROUND INFORMATION INCLUDING THE VIOLENT
    8  FELONY OFFENDER'S CRIME OF  CONVICTION,  MODUS  OF  OPERATION,  TYPE  OF
    9  VICTIM  TARGETED, AND A DESCRIPTION OF SPECIAL CONDITIONS IMPOSED ON THE
   10  VIOLENT FELONY OFFENDER SHALL ALSO BE INCLUDED. THE  SUBDIRECTORY  SHALL
   11  HAVE  VIOLENT  FELONY  OFFENDER  LISTINGS  CATEGORIZED BY COUNTY AND ZIP
   12  CODE. A COPY OF THE SUBDIRECTORY SHALL ANNUALLY BE  DISTRIBUTED  TO  THE
   13  OFFICES  OF  LOCAL VILLAGE, TOWN OR CITY POLICE DEPARTMENTS FOR PURPOSES
   14  OF PUBLIC ACCESS. SUCH DEPARTMENTS SHALL REQUIRE THAT A PERSON IN  WRIT-
   15  ING  EXPRESS  A  PURPOSE IN ORDER TO HAVE ACCESS TO THE SUBDIRECTORY AND
   16  SUCH DEPARTMENT SHALL MAINTAIN THESE REQUESTS. ANY INFORMATION IDENTIFY-
   17  ING THE VICTIM BY NAME, BIRTH DATE, ADDRESS OR RELATION TO  THE  VIOLENT
   18  FELONY  OFFENDER SHALL BE EXCLUDED FROM THE SUBDIRECTORY DISTRIBUTED FOR
   19  PURPOSES OF PUBLIC ACCESS. THE SUBDIRECTORY PROVIDED FOR IN THIS SECTION
   20  SHALL BE UPDATED PERIODICALLY TO MAINTAIN ITS EFFICIENCY AND  USEFULNESS
   21  AND MAY BE COMPUTER ACCESSIBLE.
   22    2.  ANY PERSON WHO USES INFORMATION DISCLOSED PURSUANT TO THIS SECTION
   23  IN VIOLATION OF THE LAW SHALL IN ADDITION TO ANY OTHER PENALTY  OR  FINE
   24  IMPOSED,  BE SUBJECT TO A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS AND
   25  NOT MORE THAN ONE THOUSAND DOLLARS. UNAUTHORIZED REMOVAL OR  DUPLICATION
   26  OF  THE  SUBDIRECTORY  FROM THE OFFICES OF LOCAL, VILLAGE OR CITY POLICE
   27  DEPARTMENT SHALL BE PUNISHABLE BY A FINE  NOT  TO  EXCEED  ONE  THOUSAND
   28  DOLLARS.  IN  ADDITION,  THE ATTORNEY GENERAL, ANY DISTRICT ATTORNEY, OR
   29  ANY PERSON AGGRIEVED IS AUTHORIZED TO BRING A CIVIL ACTION IN THE APPRO-
   30  PRIATE COURT REQUESTING PREVENTIVE RELIEF, INCLUDING AN APPLICATION  FOR
   31  A  PERMANENT  OR TEMPORARY INJUNCTION, RESTRAINING ORDER, OR OTHER ORDER
   32  AGAINST THE PERSON OR GROUP OF PERSONS RESPONSIBLE FOR SUCH ACTION.  THE
   33  FOREGOING  REMEDIES SHALL BE INDEPENDENT OF ANY OTHER REMEDIES OR PROCE-
   34  DURES THAT MAY BE AVAILABLE TO AN AGGRIEVED PARTY UNDER OTHER PROVISIONS
   35  OF LAW.
   36    S 167-L. IMMUNITY FROM LIABILITY. 1. NO OFFICIAL, EMPLOYEE OR  AGENCY,
   37  WHETHER  PUBLIC  OR  PRIVATE,  SHALL BE SUBJECT TO ANY CIVIL OR CRIMINAL
   38  LIABILITY FOR DAMAGES FOR ANY DISCRETIONARY DECISION TO RELEASE RELEVANT
   39  AND NECESSARY INFORMATION PURSUANT TO THIS SECTION, PROVIDED THAT IT  IS
   40  SHOWN  THAT  SUCH  OFFICIAL,  EMPLOYEE OR AGENCY ACTED REASONABLY AND IN
   41  GOOD FAITH. THE IMMUNITY PROVIDED UNDER  THIS  SECTION  APPLIES  TO  THE
   42  RELEASE  OF  RELEVANT  INFORMATION TO OTHER EMPLOYEES OR OFFICIALS OR TO
   43  THE GENERAL PUBLIC.
   44    2. NOTHING IN THIS SECTION SHALL BE DEEMED  TO  IMPOSE  ANY  CIVIL  OR
   45  CRIMINAL LIABILITY UPON OR TO GIVE RISE TO A CAUSE OF ACTION AGAINST ANY
   46  OFFICIAL,  EMPLOYEE OR AGENCY, WHETHER PUBLIC OR PRIVATE, FOR FAILING TO
   47  RELEASE INFORMATION AS AUTHORIZED IN THIS SECTION PROVIDED  THAT  IT  IS
   48  SHOWN  THAT  SUCH  OFFICIAL,  EMPLOYEE OR AGENCY ACTED REASONABLY AND IN
   49  GOOD FAITH.
   50    S 167-M. ANNUAL REPORT. THE DIVISION SHALL ON OR BEFORE FEBRUARY FIRST
   51  IN EACH YEAR FILE A  REPORT  WITH  THE  GOVERNOR,  AND  THE  LEGISLATURE
   52  DETAILING  THE  PROGRAM,  COMPLIANCE WITH PROVISIONS OF THIS ARTICLE AND
   53  EFFECTIVENESS OF THE PROVISIONS  OF  THIS  ARTICLE,  TOGETHER  WITH  ANY
   54  RECOMMENDATIONS TO FURTHER ENHANCE THE INTENT OF THIS ARTICLE.
   55    S 167-N. FAILURE TO REGISTER; PENALTY. ANY PERSON REQUIRED TO REGISTER
   56  PURSUANT  TO THE PROVISIONS OF THIS ARTICLE WHO FAILS TO REGISTER IN THE
       S. 5806                            59
    1  MANNER AND WITHIN THE TIME PERIODS PROVIDED FOR IN THIS ARTICLE SHALL BE
    2  GUILTY OF A CLASS E FELONY FOR THE FIRST OFFENSE, AND FOR  A  SECOND  OR
    3  SUBSEQUENT  OFFENSE  SHALL BE GUILTY OF A CLASS D FELONY RESPECTIVELY IN
    4  ACCORDANCE  WITH  SECTIONS  195.03 AND 195.04 OF THE PENAL LAW. ANY SUCH
    5  FAILURE TO REGISTER MAY ALSO BE  THE  BASIS  FOR  REVOCATION  OF  PAROLE
    6  PURSUANT  TO SECTION TWO HUNDRED FIFTY-NINE-I OF THE EXECUTIVE LAW WHICH
    7  SHALL BE IN ADDITION TO ANY OTHER PENALTIES PROVIDED BY LAW.
    8    S 167-O. UNAUTHORIZED RELEASE OF INFORMATION. THE UNAUTHORIZED RELEASE
    9  OF ANY INFORMATION REQUIRED BY THIS ARTICLE SHALL BE A CLASS B MISDEMEA-
   10  NOR.
   11    S 167-P. SEVERABILITY. IF ANY CLAUSE, SENTENCE, PARAGRAPH, SECTION  OR
   12  PART  OF  THIS ACT SHALL BE ADJUDGED BY ANY COURT OF COMPETENT JURISDIC-
   13  TION TO BE INVALID AND AFTER EXHAUSTION OF ALL FURTHER JUDICIAL  REVIEW,
   14  THE JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALIDATE THE REMAINDER THERE-
   15  OF,  BUT  SHALL  BE  CONFINED  IN ITS OPERATION TO THE CLAUSE, SENTENCE,
   16  PARAGRAPH, SECTION OR PART OF THIS ACT DIRECTLY INVOLVED IN THE  CONTRO-
   17  VERSY IN WHICH THE JUDGMENT SHALL HAVE BEEN RENDERED.
   18    S  167-Q.  SUBDIRECTORY; INTERNET POSTING. 1. THE DIVISION SHALL MAIN-
   19  TAIN A SUBDIRECTORY OF LEVEL TWO AND THREE VIOLENT FELONY OFFENDERS. THE
   20  SUBDIRECTORY SHALL INCLUDE THE EXACT ADDRESS, ADDRESS OF THE  OFFENDER'S
   21  PLACE  OF EMPLOYMENT AND PHOTOGRAPH OF THE VIOLENT FELONY OFFENDER ALONG
   22  WITH  THE  FOLLOWING   INFORMATION,   IF   AVAILABLE:   NAME,   PHYSICAL
   23  DESCRIPTION,   AGE  AND  DISTINCTIVE  MARKINGS.  BACKGROUND  INFORMATION
   24  INCLUDING THE VIOLENT FELONY OFFENDER'S CRIME OF  CONVICTION,  MODUS  OF
   25  OPERATION, TYPE OF VICTIM TARGETED, THE NAME AND ADDRESS OF ANY INSTITU-
   26  TION  OF  HIGHER  EDUCATION  AT  WHICH  THE  VIOLENT  FELONY OFFENDER IS
   27  ENROLLED, ATTENDS, IS EMPLOYED OR RESIDES AND A DESCRIPTION  OF  SPECIAL
   28  CONDITIONS  IMPOSED  ON  THE  VIOLENT  FELONY  OFFENDER  SHALL  ALSO  BE
   29  INCLUDED. THE SUBDIRECTORY SHALL HAVE VIOLENT FELONY  OFFENDER  LISTINGS
   30  CATEGORIZED  BY  COUNTY  AND  ZIP CODE. A COPY OF THE SUBDIRECTORY SHALL
   31  ANNUALLY BE DISTRIBUTED TO THE OFFICES OF  LOCAL  VILLAGE,  TOWN,  CITY,
   32  COUNTY  OR STATE LAW ENFORCEMENT AGENCIES FOR PURPOSES OF PUBLIC ACCESS.
   33  THE DIVISION SHALL DISTRIBUTE MONTHLY UPDATES TO THE  OFFICES  OF  LOCAL
   34  VILLAGE,  TOWN,  CITY,  COUNTY  OR  STATE  LAW  ENFORCEMENT AGENCIES FOR
   35  PURPOSES OF PUBLIC ACCESS. SUCH DEPARTMENTS SHALL REQUIRE THAT A  PERSON
   36  IN WRITING PROVIDE THEIR NAME AND ADDRESS PRIOR TO VIEWING THE SUBDIREC-
   37  TORY.  ANY  INFORMATION  IDENTIFYING  THE  VICTIM  BY  NAME, BIRTH DATE,
   38  ADDRESS OR RELATION TO THE VIOLENT FELONY  OFFENDER  SHALL  BE  EXCLUDED
   39  FROM  THE  SUBDIRECTORY  DISTRIBUTED  FOR PURPOSES OF PUBLIC ACCESS. THE
   40  SUBDIRECTORY PROVIDED FOR HEREIN SHALL BE UPDATED  MONTHLY  TO  MAINTAIN
   41  ITS  EFFICIENCY  AND  USEFULNESS AND SHALL BE COMPUTER ACCESSIBLE.  SUCH
   42  SUBDIRECTORY SHALL BE MADE AVAILABLE AT ALL TIMES ON  THE  INTERNET  VIA
   43  THE  DIVISION  HOMEPAGE. ANY PERSON MAY APPLY TO THE DIVISION TO RECEIVE
   44  AUTOMATED E-MAIL NOTIFICATIONS WHENEVER A NEW  OR  UPDATED  SUBDIRECTORY
   45  REGISTRATION  OCCURS  IN A GEOGRAPHIC AREA SPECIFIED BY SUCH PERSON. THE
   46  DIVISION SHALL FURNISH SUCH SERVICE AT NO CHARGE  TO  SUCH  PERSON,  WHO
   47  SHALL  REQUEST  E-MAIL  NOTIFICATION  BY COUNTY AND/OR ZIP CODE ON FORMS
   48  DEVELOPED AND PROVIDED BY THE DIVISION. E-MAIL NOTIFICATION  IS  LIMITED
   49  TO THREE GEOGRAPHIC AREAS PER E-MAIL ACCOUNT.
   50    2.  ANY PERSON WHO USES INFORMATION DISCLOSED PURSUANT TO THIS SECTION
   51  IN VIOLATION OF THE LAW SHALL IN ADDITION TO ANY OTHER PENALTY  OR  FINE
   52  IMPOSED,  BE SUBJECT TO A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS AND
   53  NOT MORE THAN ONE THOUSAND DOLLARS. UNAUTHORIZED REMOVAL OR  DUPLICATION
   54  OF  THE  SUBDIRECTORY  FROM THE OFFICES OF LOCAL, VILLAGE OR CITY POLICE
   55  DEPARTMENT SHALL BE PUNISHABLE BY A FINE  NOT  TO  EXCEED  ONE  THOUSAND
   56  DOLLARS.  IN  ADDITION,  THE ATTORNEY GENERAL, ANY DISTRICT ATTORNEY, OR
       S. 5806                            60
    1  ANY PERSON AGGRIEVED IS AUTHORIZED TO BRING A CIVIL ACTION IN THE APPRO-
    2  PRIATE COURT REQUESTING PREVENTIVE RELIEF, INCLUDING AN APPLICATION  FOR
    3  A  PERMANENT  OR TEMPORARY INJUNCTION, RESTRAINING ORDER, OR OTHER ORDER
    4  AGAINST  THE PERSON OR GROUP OF PERSONS RESPONSIBLE FOR SUCH ACTION. THE
    5  FOREGOING REMEDIES SHALL BE INDEPENDENT OF ANY OTHER REMEDIES OR  PROCE-
    6  DURES THAT MAY BE AVAILABLE TO AN AGGRIEVED PARTY UNDER OTHER PROVISIONS
    7  OF LAW.
    8    S 4. This act shall take effect on the one hundred eightieth day after
    9  it shall have become a law; provided, however, that effective immediate-
   10  ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
   11  necessary for the implementation of this act on its effective  date  are
   12  authorized  and  directed  to  be  made  and completed on or before such
   13  effective date.
   14                                   PART Y
   15    Section 1. Subdivisions 2 and 4 of section 645 of the  retirement  and
   16  social security law, subdivision 2 as amended by chapter 322 of the laws
   17  of  2002  and  subdivision 4 as added by chapter 640 of the laws of 1998
   18  and as renumbered by chapter 646 of the laws of  1999,  are  amended  to
   19  read as follows:
   20    2.  Notwithstanding any other provision of law, any person [other than
   21  a retiree of a public retirement system,] who previously was a member of
   22  a public retirement system and whose membership in such  public  retire-
   23  ment  system  ceased  by reason of (i) insufficient service credit, (ii)
   24  withdrawal of accumulated contributions, or (iii) withdrawal of  member-
   25  ship,  upon  rejoining  such  public retirement system or another public
   26  retirement system, shall be deemed to have been a member of his  or  her
   27  current  retirement  system  during the entire period of time commencing
   28  with and subsequent to the original date of such previous ceased member-
   29  ship, provided that such person (a) makes application  therefor  to  the
   30  administrative  head of his or her current public retirement system, and
   31  (b) repays the amount refunded,  if  any,  at  the  time  such  previous
   32  membership  ceased,  together  with interest at the rate of five percent
   33  per annum compounded annually from the date of such refund  through  the
   34  date  of  repayment. Upon such reinstatement of date of membership, such
   35  member shall be entitled to all the rights, benefits and  privileges  to
   36  which  he or she would have been entitled had his or her current member-
   37  ship begun on such original date of membership except that,  solely  for
   38  the  purposes  of  granting  retirement  credit  to  members of a public
   39  retirement system other than the  New  York  city  teachers'  retirement
   40  system for service credited during such previous ceased membership where
   41  such  was  in a public retirement system other than the member's current
   42  retirement system, such previously credited service shall be  deemed  to
   43  be  prior service, not subsequent service.  Furthermore, any such member
   44  whose original date of membership was  prior  to  July  first,  nineteen
   45  hundred  seventy-three shall be entitled to all the rights, benefits and
   46  privileges to which he or she would have been entitled  had  he  or  she
   47  been  in  active  service  on  June thirtieth, nineteen hundred seventy-
   48  three. Any contribution made to the public retirement system pursuant to
   49  article fourteen or fifteen of this chapter by a member who rejoined his
   50  or her current system on or after July twenty-seventh, nineteen  hundred
   51  seventy-six shall not be refunded.
   52    4.  The provisions of this article shall be applicable to a person who
   53  [is, on the date this article becomes effective]  WAS  A  MEMBER  ON  OR
       S. 5806                            61
    1  BEFORE JANUARY FIRST, NINETEEN HUNDRED EIGHTY-NINE, or who subsequent to
    2  such date becomes, a member of a public retirement system.
    3    S  2.  This  act shall take effect immediately and shall only apply to
    4  all persons who are alive as of the effective date of this act and shall
    5  apply to payments made on or after the effective date of this  act;  and
    6  provided further, that any retirees qualifying under this act shall have
    7  their retirement allowance recalculated from July 1, 2013 or the date of
    8  reinstatement, whichever is later.
         FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
         This  bill  would  amend  subdivisions  2  and 4 of Section 645 of the
       Retirement and Social Security Law  to  extend  the  tier  reinstatement
       provisions  to  any  retiree  of a public retirement system. The retiree
       must be alive as of the effective date of the bill in order to be eligi-
       ble.  This bill only applies to payments made on or after the  effective
       date of this act.
         The  annual  cost  to  the  employers of members of the New York State
       Teachers' Retirement System for this benefit is  estimated  to  be  $6.0
       million or .04% of payroll if this bill is enacted.
         The  source  of this estimate is Fiscal Note 2013-30 dated May 9, 2013
       prepared by the Actuary of  the  New  York  State  Teachers'  Retirement
       System and is intended for use only during the 2013 Legislative Session.
       I,  Richard  A.  Young,  am the Actuary for the New York State Teachers'
       Retirement System. I am a member of the American  Academy  of  Actuaries
       and  I meet the Qualification Standards of the American Academy of Actu-
       aries to render the actuarial opinion contained herein.
         FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
         This bill would allow certain  living  retirees  of  New  York  public
       retirement systems who retired prior to December 16, 1999 and who previ-
       ously  were  members of a New York public retirement system to be deemed
       to have become members of the systems from which they retired as of  the
       original  date of such previous ceased membership. Tier 3 and 4 retirees
       of the New York State and Local Employees' Retirement System or the  New
       York  State  Teachers' Retirement System who become Tier 1 or 2 retirees
       and who have already purchased their previous service  would  receive  a
       refund  of  these  contributions.  No  benefits  will  be deemed to have
       accrued prior to the effective date of this act.
         In addition, this bill would also affect retirees who had  a  previous
       ceased  membership  with  a public employee retirement system other than
       the NYS&LERS or the NYS&LPFRS.
         If this bill is enacted, insofar as this bill  affects  the  New  York
       State  and Local Employees' Retirement System (ERS), approximately 1,434
       retirees of the ERS will be affected. The estimated  past  service  cost
       would be approximately $15.1 million.
         Pursuant to section 25 of the Retirement and Social Security Law, this
       ERS  past service cost would be borne by the State of New York and would
       require an itemized appropriation by the State of New York sufficient to
       pay the cost of the provision. The State may amortize this past  service
       cost  over  a period of 5 years. The first year cost, including interest
       would be approximately $3.5 million.
         Insofar as this bill would affect employers in the New York State  and
       Local Police and Fire Retirement System (PFRS), the estimated additional
       costs  would  be negligible. These costs would be shared by the State of
       New York and the participating employers in the PFRS.
         Summary of relevant resources:
       S. 5806                            62
         Data: March 31, 2012 Actuarial Year End  File  with  distributions  of
       membership  and  other  statistics  displayed  in the 2012 Report of the
       Actuary and 2012 Comprehensive Annual Financial Report.
         Assumptions  and  Methods:  2010,  2011  and 2012 Annual Report to the
       Comptroller on Actuarial Assumptions, Codes Rules and Regulations of the
       State of New York: Audit and Control.
         Market Assets and GASB Disclosures: March 31, 2012 New York State  and
       Local  Retirement System Financial Statements and Supplementary Informa-
       tion.
         Valuations of Benefit Liabilities and Actuarial Assets: summarized  in
       the 2012 Actuarial Valuations report.
         I am a member of the American Academy of Actuaries and meet the Quali-
       fication Standards to render the actuarial opinion contained herein.
         This estimate, dated January 29, 2013 and intended for use only during
       the  2013  Legislative  Session, is Fiscal Note No. 2013-53, prepared by
       the Actuary for the New  York  State  and  Local  Employees'  Retirement
       System  and  the  New  York  State  and Local Police and Fire Retirement
       System.
    1                                   PART Z
    2    Section 1. The labor law is amended by adding a new  article  19-D  to
    3  read as follows:
    4                                ARTICLE 19-D
    5                         UNPAID LEAVE OF ABSENCE FOR
    6                   VICTIMS OF DOMESTIC OR SEXUAL VIOLENCE
    7  SECTION 696. DEFINITIONS.
    8          696-A. ENTITLEMENT TO LEAVE.
    9          696-B. LEAVE TAKEN INTERMITTENTLY OR ON REDUCED LEAVE SCHEDULE.
   10          696-C. NOTICE OF INTENTION TO TAKE LEAVE.
   11          696-D. CERTIFICATION.
   12          696-E. CONFIDENTIALITY.
   13          696-F. RESTORATION TO POSITION.
   14          696-G. PROHIBITED ACTS.
   15          696-H. CIVIL ACTION.
   16          696-I. SAVINGS CLAUSE.
   17    S 696. DEFINITIONS. AS USED IN THIS ARTICLE:
   18    1.  "VICTIM OF DOMESTIC OR SEXUAL ABUSE" SHALL MEAN A VICTIM OF DOMES-
   19  TIC VIOLENCE, A SEX OFFENSE, OR STALKING.
   20    2.  "VICTIM OF DOMESTIC VIOLENCE" SHALL MEAN AN INDIVIDUAL  WHO  IS  A
   21  VICTIM  OF  AN  ACT  WHICH WOULD CONSTITUTE A FAMILY OFFENSE PURSUANT TO
   22  SUBDIVISION ONE OF SECTION EIGHT HUNDRED TWELVE OF THE FAMILY COURT ACT.
   23    3. "VICTIM OF A SEX OFFENSE" SHALL MEAN A VICTIM OF  AN  ACT  OR  ACTS
   24  THAT  WOULD  CONSTITUTE A VIOLATION OF ARTICLE ONE HUNDRED THIRTY OF THE
   25  PENAL LAW.
   26    4. "VICTIM OF STALKING" SHALL MEAN A VICTIM OF AN  ACT  OR  ACTS  THAT
   27  WOULD CONSTITUTE A VIOLATION OF SECTION 120.45, 120.50, 120.55 OR 120.60
   28  OF THE PENAL LAW.
   29    S  696-A. ENTITLEMENT TO LEAVE. ANY EMPLOYEE WHO IS A VICTIM OF DOMES-
   30  TIC OR SEXUAL VIOLENCE SHALL BE ELIGIBLE FOR NINETY DAYS OF UNPAID LEAVE
   31  FROM THEIR EMPLOYMENT DURING ANY TWELVE MONTH PERIOD IN ORDER TO ADDRESS
   32  DOMESTIC OR SEXUAL VIOLENCE OR ONGOING EFFECTS OF SUCH DOMESTIC OR SEXU-
   33  AL VIOLENCE, INCLUDING BUT NOT LIMITED TO:
       S. 5806                            63
    1    1. SEEKING MEDICAL ATTENTION FOR, OR RECOVERING OR TAKING CARE OF  THE
    2  VICTIM'S CHILD WHILE THE CHILD RECOVERS FROM, ANY PHYSICAL OR PSYCHOLOG-
    3  ICAL INJURIES CAUSED BY THE DOMESTIC OR SEXUAL VIOLENCE; OR
    4    2.  ATTENDING COUNSELING SESSIONS FOR THE VICTIM OF DOMESTIC OR SEXUAL
    5  VIOLENCE OR FOR SUCH VICTIM'S CHILD IN ORDER TO DEAL WITH THE EFFECTS OF
    6  THE DOMESTIC OR SEXUAL VIOLENCE; OR
    7    3. SEEKING LEGAL ASSISTANCE INCLUDING ATTENDING COURT  PROCEEDINGS  OR
    8  MEETING  OR  COMMUNICATING  WITH AN ATTORNEY OR A MEMBER OF LAW ENFORCE-
    9  MENT; OR
   10    4. SEEKING SERVICES FOR THE VICTIM OF DOMESTIC OR SEXUAL  VIOLENCE  OR
   11  FOR  SUCH  VICTIM'S  CHILD FROM A RESIDENTIAL OR NON-RESIDENTIAL PROGRAM
   12  FOR VICTIMS OF DOMESTIC OR SEXUAL VIOLENCE; OR
   13    5. ENGAGING IN SAFETY PLANNING, INCLUDING ARRANGING  TO  RELOCATE  AND
   14  RELOCATING  TO  A  TEMPORARY  OR  PERMANENT  NEW  RESIDENCE, IN ORDER TO
   15  DECREASE THE RISK OF FUTURE DOMESTIC OR SEXUAL VIOLENCE.
   16    S 696-B.  LEAVE TAKEN INTERMITTENTLY OR ON REDUCED LEAVE SCHEDULE. THE
   17  LEAVE PURSUANT TO SECTION SIX HUNDRED NINETY-SIX-A OF THIS  ARTICLE  MAY
   18  BE  TAKEN  ON A REDUCED LEAVE SCHEDULE OR INTERMITTENTLY IF THE EMPLOYEE
   19  AND EMPLOYER AGREE ON THE SCHEDULE. TAKING LEAVE ON A REDUCED  LEAVE  OR
   20  INTERMITTENT  SCHEDULE  SHALL NOT RESULT IN A REDUCTION IN THE AMOUNT OF
   21  TOTAL LEAVE A VICTIM OF DOMESTIC OR SEXUAL VIOLENCE IS  ENTITLED  TO  IN
   22  THE TWELVE MONTH PERIOD.
   23    S 696-C.  NOTICE OF INTENTION TO TAKE LEAVE. AN EMPLOYEE SHALL PROVIDE
   24  AN  EMPLOYER  WITH REASONABLE NOTICE OF THE EMPLOYEE'S INTENTION TO TAKE
   25  LEAVE PURSUANT TO SECTION  SIX  HUNDRED  NINETY-SIX-A  OF  THIS  ARTICLE
   26  UNLESS  PROVIDING  SUCH  NOTICE  IS NOT PRACTICABLE. WHEN AN UNSCHEDULED
   27  ABSENCE OCCURS, THE EMPLOYER MAY NOT TAKE ANY ACTION AGAINST THE EMPLOY-
   28  EE IF THE EMPLOYEE,  WITHIN  A  REASONABLE  PERIOD  OF  TIME  AFTER  THE
   29  ABSENCE,  PROVIDES  CERTIFICATION  AS  SET  FORTH IN SECTION SIX HUNDRED
   30  NINETY-SIX-D OF THIS ARTICLE.
   31    S 696-D.  CERTIFICATION. IN ORDER TO DETERMINE WHETHER THE EMPLOYEE IS
   32  A VICTIM OF DOMESTIC OR SEXUAL VIOLENCE, THE EMPLOYER MAY  REQUIRE  THAT
   33  THE REQUEST FOR LEAVE BE SUPPORTED BY ONE OF THE FOLLOWING:
   34    1.  A  SWORN  STATEMENT  SUBMITTED BY THE VICTIM OF DOMESTIC OR SEXUAL
   35  VIOLENCE DESCRIBING SUCH VICTIM'S NEED FOR LEAVE TO ADDRESS THE  ONGOING
   36  EFFECTS OF DOMESTIC OR SEXUAL VIOLENCE; OR
   37    2.  ANY  DOCUMENTATION  OF  THE DOMESTIC OR SEXUAL VIOLENCE, INCLUDING
   38  POLICE REPORTS, COURT RECORDS, STATEMENTS FROM  A  SHELTER  WORKER,  LAW
   39  ENFORCEMENT  OFFICER, MEDICAL WORKER, COUNSELOR, CLERGY MEMBER, ATTORNEY
   40  OR ANY OTHER PROFESSIONAL FROM WHOM THE EMPLOYEE HAS  SOUGHT  ASSISTANCE
   41  TO ADDRESS THE DOMESTIC OR SEXUAL VIOLENCE AND ITS EFFECTS; OR
   42    3.  ANY  OTHER  CORROBORATING  EVIDENCE  INCLUDING  PHYSICAL EVIDENCE,
   43  PHOTOGRAPHS, OR STATEMENTS FROM OTHER INDIVIDUALS WHO ARE AWARE  OF  THE
   44  DOMESTIC OR SEXUAL VIOLENCE AND ITS EFFECTS.
   45    S  696-E.  CONFIDENTIALITY.  ANY INFORMATION PROVIDED TO THE EMPLOYER,
   46  INCLUDING BUT NOT LIMITED TO INFORMATION UNDER SECTION SIX HUNDRED NINE-
   47  TY-SIX-D OF THIS ARTICLE, DESCRIBING THE DOMESTIC OR SEXUAL VIOLENCE  IN
   48  THE  EMPLOYEE'S  LIFE  AND  THE  REQUEST  TO TAKE A LEAVE TO ADDRESS THE
   49  EFFECTS OF DOMESTIC OR SEXUAL VIOLENCE, SHALL BE  KEPT  CONFIDENTIAL  BY
   50  THE  EMPLOYER.    DISCLOSURE  SHALL  ONLY BE ALLOWED IF THE EMPLOYEE, IN
   51  WRITING, CONSENTS TO OR REQUESTS DISCLOSURE.
   52    S 696-F. RESTORATION TO POSITION. 1.  ANY  EMPLOYEE  WHO  TAKES  LEAVE
   53  UNDER  SECTION  SIX HUNDRED NINETY-SIX-A OF THIS ARTICLE, SHALL BE ENTI-
   54  TLED TO RETURN FROM SUCH LEAVE AND BE RESTORED TO THE SAME POSITION HELD
   55  BY SUCH EMPLOYEE WHEN THE LEAVE BEGAN OR BE RESTORED  TO  AN  EQUIVALENT
       S. 5806                            64
    1  POSITION WITH EQUIVALENT BENEFITS, PAY AND OTHER TERMS AND CONDITIONS OF
    2  EMPLOYMENT.
    3    2.  THE TAKING OF LEAVE UNDER SECTION SIX HUNDRED NINETY-SIX-A OF THIS
    4  ARTICLE SHALL NOT RESULT IN THE LOSS OF ANY EMPLOYMENT BENEFITS  ACCRUED
    5  PRIOR TO THE DATE ON WHICH THE LEAVE BEGAN.
    6    3.  (A)  EXCEPT  AS  PROVIDED  IN SUBDIVISION TWO OF THIS SECTION, ANY
    7  EMPLOYEE WHO TAKES LEAVE UNDER SECTION SIX HUNDRED NINETY-SIX-A OF  THIS
    8  ARTICLE  SHALL  BE  ENTITLED TO CONTINUED COVERAGE UNDER ANY HEALTH CARE
    9  BENEFITS PLAN PROVIDED BY SUCH PERSON'S EMPLOYER FOR THE DURATION OF THE
   10  LEAVE.
   11    (B) THE EMPLOYER MAY RECOVER THE PREMIUM THAT THE  EMPLOYER  PAID  FOR
   12  MAINTAINING COVERAGE UNDER A HEALTH BENEFITS PLAN FOR THE EMPLOYEE ENTI-
   13  TLED  TO  LEAVE  UNDER SECTION SIX HUNDRED NINETY-SIX-A OF THIS ARTICLE,
   14  IF:
   15    (I) THE EMPLOYEE FAILS TO RETURN TO SUCH PERSON'S EMPLOYMENT ONCE  THE
   16  LEAVE HAS EXPIRED; AND
   17    (II) THE EMPLOYEE FAILS TO RETURN TO WORK FOR A REASON OTHER THAN:
   18    (A)  THE  CONTINUATION,  RECURRENCE,  OR  ONSET  OF DOMESTIC OR SEXUAL
   19  VIOLENCE THAT ENTITLES THE EMPLOYEE TO LEAVE PURSUANT TO  THIS  SECTION;
   20  OR
   21    (B) OTHER CIRCUMSTANCES BEYOND THE CONTROL OF THE EMPLOYEE.
   22    S 696-G. PROHIBITED ACTS. 1. INTERFERENCE WITH RIGHTS.
   23    (A)  EXERCISE  OF  RIGHTS.  IT  SHALL  BE UNLAWFUL FOR ANY EMPLOYER TO
   24  INTERFERE WITH, RESTRAIN, OR DENY THE EXERCISE  OF  OR  THE  ATTEMPT  TO
   25  EXERCISE ANY RIGHT PROVIDED UNDER THIS ARTICLE.
   26    (B)  EMPLOYER DISCRIMINATION. IT SHALL BE UNLAWFUL FOR ANY EMPLOYER TO
   27  DISCHARGE OR HARASS ANY INDIVIDUAL, OR  OTHERWISE  DISCRIMINATE  AGAINST
   28  ANY INDIVIDUAL WITH RESPECT TO COMPENSATION, TERMS, CONDITIONS, OR PRIV-
   29  ILEGES  OF  EMPLOYMENT  OF  THE INDIVIDUAL (INCLUDING RETALIATION IN ANY
   30  FORM OR MANNER) BECAUSE THE  INDIVIDUAL  EXERCISED  ANY  RIGHT  PROVIDED
   31  UNDER  THIS  ARTICLE OR OPPOSED ANY PRACTICE MADE UNLAWFUL BY THIS ARTI-
   32  CLE.
   33    2. INTERFERENCE WITH PROCEEDINGS OR INQUIRIES. IT  SHALL  BE  UNLAWFUL
   34  FOR  ANY  PERSON  TO  DISCHARGE  OR IN ANY OTHER MANNER DISCRIMINATE (AS
   35  DESCRIBED IN PARAGRAPH (B) OF SUBDIVISION ONE OF THIS  SECTION)  AGAINST
   36  ANY INDIVIDUAL BECAUSE SUCH INDIVIDUAL:
   37    (A) HAS FILED ANY CHARGE, OR HAS INSTITUTED OR CAUSED TO BE INSTITUTED
   38  ANY PROCEEDING, UNDER OR RELATED TO THIS ARTICLE;
   39    (B) HAS GIVEN, OR IS ABOUT TO GIVE, ANY INFORMATION IN CONNECTION WITH
   40  ANY  INQUIRY  OR  PROCEEDING  RELATING  TO ANY RIGHT PROVIDED UNDER THIS
   41  ARTICLE; OR
   42    (C) HAS TESTIFIED, OR IS ABOUT TO TESTIFY, IN ANY INQUIRY OR  PROCEED-
   43  ING RELATING TO ANY RIGHT PROVIDED UNDER THIS ARTICLE.
   44    S  696-H.  CIVIL  ACTION.  1.  BY EMPLOYEE. ANY PERSON DENIED LEAVE OR
   45  BENEFITS DUE UNDER THIS ARTICLE OR AGGRIEVED BY AN ACTION MADE  UNLAWFUL
   46  BY THIS ARTICLE SHALL HAVE A CAUSE OF ACTION IN ANY COURT OF APPROPRIATE
   47  JURISDICTION  FOR DAMAGES, INCLUDING ANY WAGES, SALARY, EMPLOYMENT BENE-
   48  FITS OR OTHER COMPENSATION DENIED OR LOST TO SUCH INDIVIDUAL BY  REASONS
   49  OF  THE  VIOLATION  AND/OR  ANY  ACTUAL MONETARY LOSSES SUSTAINED BY THE
   50  INDIVIDUAL AS A DIRECT RESULT OF THE VIOLATION, AS WELL AS  INTEREST  ON
   51  SUCH AMOUNT CALCULATED AT THE PREVAILING RATE, AND SUCH EQUITABLE RELIEF
   52  AS   MAY   BE  APPROPRIATE,  INCLUDING  EMPLOYMENT,  REINSTATEMENT,  AND
   53  PROMOTION, TOGETHER WITH COSTS AND SUCH REASONABLE  ATTORNEYS'  FEES  AS
   54  MAY  BE ALLOWED BY THE COURT, AND IF THE VIOLATION WAS WILLFUL, AN ADDI-
   55  TIONAL AMOUNT AS LIQUIDATED DAMAGES EQUAL TO TWENTY-FIVE PERCENT OF  THE
   56  TOTAL OF SUCH DAMAGES FOUND TO BE DUE.
       S. 5806                            65
    1    2. BY COMMISSIONER. ON BEHALF OF ANY EMPLOYEE DENIED LEAVE OR BENEFITS
    2  DUE  UNDER  THIS ARTICLE OR AGGRIEVED BY AN ACTION MADE UNLAWFUL BY THIS
    3  ARTICLE, THE INDUSTRIAL COMMISSIONER MAY BRING A LEGAL ACTION  NECESSARY
    4  TO  COLLECT  DAMAGES  DUE  TO  THE  VIOLATION, AND THE EMPLOYER SHALL BE
    5  REQUIRED TO PAY SUCH DAMAGES AND IF SUCH VIOLATION WAS WILLFUL, AN ADDI-
    6  TIONAL  AMOUNT AS LIQUIDATED DAMAGES EQUAL TO TWENTY-FIVE PERCENT OF THE
    7  TOTAL OF SUCH DAMAGES FOUND TO BE DUE.
    8    3. LIMITATION OF TIME. NOTWITHSTANDING ANY OTHER PROVISION OF LAW,  AN
    9  ACTION  TO  RECOVER  UPON  LIABILITY  IMPOSED  BY  THIS  ARTICLE MUST BE
   10  COMMENCED WITHIN TWO YEARS.
   11    S 696-I. SAVINGS CLAUSE. IF ANY  PROVISION  OF  THIS  ARTICLE  OR  THE
   12  APPLICATION  THEREOF TO ANY PERSON, EMPLOYER, OCCUPATION OR CIRCUMSTANCE
   13  IS HELD INVALID, THE REMAINDER OF THE ARTICLE  AND  THE  APPLICATION  OF
   14  SUCH  PROVISION  TO  OTHER  PERSONS,  EMPLOYEES, OCCUPATIONS, OR CIRCUM-
   15  STANCES SHALL NOT BE AFFECTED THEREBY.
   16    S 2. This act shall take effect on the ninetieth day  after  it  shall
   17  have become a law.
   18                                   PART AA
   19    Section  1.  Paragraph  (b)  of  subdivision 1 of section 312-a of the
   20  executive law, as amended by chapter 175 of the laws of 2010, is amended
   21  to read as follows:
   22    (b) to determine whether there is a disparity between  the  number  of
   23  qualified  minorities and women ready, willing and able, with respect to
   24  labor markets, qualifications and other relevant factors, to participate
   25  in contractor employment, management level bodies, including  boards  of
   26  directors,  and as senior executive officers within contracting entities
   27  and the number of such group members  actually  employed  or  affiliated
   28  with  state  contractors in the aforementioned capacities, and to deter-
   29  mine what changes, if any, should be made to  state  policies  affecting
   30  minority  and  women group populations with regard to state contractors'
   31  employment and appointment practices relative to diverse group  members.
   32  Such  study  shall  include,  but  not be limited to, an analysis of the
   33  history of minority and women-owned  business  enterprise  programs  and
   34  their effectiveness as a means of securing and ensuring participation by
   35  minorities  and  women,  [and]  a  disparity analysis by market area and
   36  region of the state, THE EFFECTIVENESS OF THE CURRENT NET WORTH  THRESH-
   37  OLDS,  A  STATISTICAL  ANALYSIS  OF  THE  PARTICIPATION  OF MINORITY AND
   38  WOMEN-OWNED BUSINESS ENTERPRISES CORRELATED WITH  SUCH  BUSINESS  ENTER-
   39  PRISES'  NET  WORTH,  WHETHER  MINORITY  AND WOMEN-OWNED BUSINESS ENTER-
   40  PRISES' NET WORTH AT THE TIME OF CERTIFICATION HAS ANY  EFFECT  ON  SUCH
   41  BUSINESS ENTERPRISE'S SUCCESS OR LACK THEREOF IN PARTICIPATION IN STATE-
   42  WIDE PROCUREMENT, THE EFFECTIVENESS OF THE REGULATIONS ADOPTED SINCE THE
   43  TWO  THOUSAND  TEN  DISPARITY  STUDY,  THE EXTENT OF COMPLIANCE BY STATE
   44  AGENCIES AND STATE AUTHORITIES WITH SUCH REGULATIONS, AN ANALYSIS OF THE
   45  NUMBER OF MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES SEEKING  CERTIF-
   46  ICATION  SINCE THE TWO THOUSAND TEN DISPARITY STUDY, AND THE REASONS, IF
   47  ANY, FOR ANY INCREASE OR DECREASE IN SUCH CERTIFICATIONS.    Such  study
   48  shall  distinguish  between minority males, minority females and non-mi-
   49  nority females in the statistical analysis.
   50    S 2. This act shall take effect immediately, provided,  however,  that
   51  the  amendments  to paragraph (b) of subdivision one of section 312-a of
   52  the executive law, made by section one of this act shall not affect  the
   53  expiration of such section and shall be deemed to expire therewith.
       S. 5806                            66
    1                                   PART BB
    2    Section 1. The commissioner of the department of labor shall study and
    3  issue  a  comprehensive report on the workforce guidance and information
    4  for women policy enacted pursuant to chapter 284 of the laws of 2012.
    5    1. For the purposes of this section, the  term  "state  agency"  shall
    6  refer  to any agency, department, bureau, commission, board, task force,
    7  committee, public benefit corporation,  or  public  authority,  where  a
    8  member is appointed by the governor.
    9    2.  Such  study  and report carried out pursuant to this section shall
   10  address the following issues related to said policy:
   11    (a) what information has been provided with  respect  to  compensation
   12  for jobs and careers which offer higher earning potential including jobs
   13  that are traditionally dominated by men;
   14    (b)  how  the  counseling,  skills  development and training have been
   15  enhanced with respect to encouraging both women and men to seek  employ-
   16  ment in such jobs;
   17    (c)  have  referrals to employers offering such jobs been made and, if
   18  available, provide statistics on the  number  of  women  who  have  been
   19  referred as a result of this policy;
   20    (d)  how  information regarding the gender wage gap and specific self-
   21  sufficiency rates for families living and working in an applicable local
   22  labor market have enhanced the opportunities for women to obtain  higher
   23  paying jobs and careers; and
   24    (e) any other information the department deems pertinent to include in
   25  said report related to this policy.
   26    3.  Such report shall be made to the governor, the temporary president
   27  of the senate, the speaker of the assembly,  the  senate  committees  on
   28  labor and infrastructure and capital investment and the assembly commit-
   29  tee on labor no later than July 1, 2014.
   30    4.  The commissioner of the department of labor may request any avail-
   31  able information from any state or county agency that  is  relevant  and
   32  material to the completion of this study and report.
   33    S  2.  This  act shall take effect immediately and shall expire and be
   34  deemed repealed August 1, 2014.
   35                                   PART CC
   36    Section 1. Section 34-a of the  social  services  law  is  amended  by
   37  adding a new subdivision 9 to read as follows:
   38    9.  (A)  IN  ORDER  TO  ALLOW FAMILIES TIME TO PROPERLY PLAN FOR THEIR
   39  FINANCIAL NEEDS AND FOR THE SAFETY, SOCIAL AND EMOTIONAL NEEDS OF  THEIR
   40  CHILDREN, IN THE EVENT THAT A SOCIAL SERVICES DISTRICT PROPOSES TO AMEND
   41  ITS  CONSOLIDATED SERVICES PLAN, SUBMITS AN ANNUAL PLAN UPDATE, OR TAKES
   42  ANY OTHER ACTION THAT WOULD LOWER THE FINANCIAL  ELIGIBILITY  LEVEL  FOR
   43  CHILD  CARE  ASSISTANCE  SO THAT FAMILIES RECEIVING SUBSIDIES WOULD LOSE
   44  ELIGIBILITY THEREFORE, THE LOCAL SOCIAL SERVICES DISTRICT  SHALL  NOTIFY
   45  THE  OFFICE  OF CHILDREN AND FAMILY SERVICES OF THAT FACT AT LEAST SIXTY
   46  DAYS BEFORE THE EFFECTIVE DATE OF THE  PROPOSED  CHANGE  IN  ELIGIBILITY
   47  LEVEL.  THE  OFFICE OF CHILDREN AND FAMILY SERVICES SHALL POST NOTICE OF
   48  THE PROPOSED CHANGE ON THE OFFICE'S WEBSITE WITHIN FIVE DAYS OF  RECEIV-
   49  ING  SAID  NOTICE, AND WITHIN TWENTY DAYS OF RECEIVING SAID NOTICE SHALL
   50  NOTIFY ALL LICENSED, REGISTERED AND LEGALLY-EXEMPT CHILD CARE  PROVIDERS
   51  IN  THE  AFFECTED  DISTRICT,  THE STATE CHILD CARE RESOURCE AND REFERRAL
   52  AGENCY, THE LOCAL CHILD CARE RESOURCE AND REFERRAL AGENCY,  AS  WELL  AS
   53  ALL  CERTIFIED  EMPLOYEE ORGANIZATIONS REPRESENTING LICENSED, REGISTERED
       S. 5806                            67
    1  AND LEGALLY-EXEMPT CHILD CARE PROVIDERS IN THE AFFECTED  DISTRICT.  SAID
    2  NOTICE  MAY BE MADE BY E-MAIL OR REGULAR MAIL IN THE FORM OF A LETTER OR
    3  POSTCARD, AND SHALL INFORM THE RECIPIENT OF THE  DATE  OF  THE  PROPOSED
    4  CHANGE  AND  A DESCRIPTION OF THE PROPOSED CHANGE. THE NOTICE SHALL ALSO
    5  REQUEST THAT CHILD CARE PROVIDERS THAT RECEIVE  THE  NOTICE  IMMEDIATELY
    6  POST  THE  NOTICE  IN A PLACE WHICH IS LIKELY TO BE SEEN BY THE FAMILIES
    7  WHO HAVE CHILDREN IN THE PROVIDER'S CARE  AND  THAT  CERTIFIED  EMPLOYEE
    8  ORGANIZATIONS REPRESENTING LICENSED, REGISTERED AND LEGALLY-EXEMPT CHILD
    9  CARE  PROVIDERS  IN THE AFFECTED DISTRICT POST THE NOTICE ON THEIR OFFI-
   10  CIAL WEBSITE.  THIS NOTICE SHALL NOT BE CONSIDERED AS A  SUBSTITUTE  FOR
   11  ANY NOTICE TO PARENTS WHICH IS REQUIRED BY LAW.
   12    (B)  IN ORDER TO ALLOW FAMILIES TIME TO PROPERLY PLAN FOR THEIR FINAN-
   13  CIAL NEEDS AND FOR THE SAFETY, SOCIAL AND EMOTIONAL NEEDS OF THEIR CHIL-
   14  DREN, IN THE EVENT THAT A SOCIAL SERVICES DISTRICT PROPOSES TO AMEND ITS
   15  CONSOLIDATED SERVICES PLAN OR TO  SUBMIT  AN  ANNUAL  PLAN  UPDATE  THAT
   16  INCREASES  THE  PARENTAL CO-PAYMENT MULTIPLIER FOR CHILD CARE ASSISTANCE
   17  SO THAT FAMILIES RECEIVING SUBSIDIES WOULD PAY AN  INCREASED  PERCENTAGE
   18  OF  THEIR  INCOME  AS A CHILD CARE CO-PAYMENT, THE LOCAL SOCIAL SERVICES
   19  DISTRICT SHALL NOTIFY THE OFFICE OF CHILDREN AND FAMILY SERVICES OF THAT
   20  FACT AT LEAST SIXTY DAYS BEFORE  THE  EFFECTIVE  DATE  OF  THE  PROPOSED
   21  CHANGE  IN ELIGIBILITY LEVEL. THE OFFICE OF CHILDREN AND FAMILY SERVICES
   22  SHALL POST NOTICE OF THE PROPOSED CHANGE ON THE OFFICE'S WEBSITE  WITHIN
   23  FIVE  DAYS OF RECEIVING SAID NOTICE, AND WITHIN TWENTY DAYS OF RECEIVING
   24  SAID NOTICE SHALL NOTIFY ALL  LICENSED,  REGISTERED  AND  LEGALLY-EXEMPT
   25  CHILD  CARE  PROVIDERS  IN  THE  AFFECTED DISTRICT, THE STATE CHILD CARE
   26  RESOURCE AND REFERRAL AGENCY, THE LOCAL CHILD CARE RESOURCE AND REFERRAL
   27  AGENCY, AS WELL AS ALL  CERTIFIED  EMPLOYEE  ORGANIZATIONS  REPRESENTING
   28  LICENSED,  REGISTERED  AND  LEGALLY-EXEMPT  CHILD  CARE PROVIDERS IN THE
   29  AFFECTED DISTRICT.  SAID NOTICE MAY BE MADE BY E-MAIL OR REGULAR MAIL IN
   30  THE FORM OF A LETTER OR POSTCARD, AND SHALL INFORM THE RECIPIENT OF  THE
   31  DATE  OF  THE  PROPOSED CHANGE AND A DESCRIPTION OF THE PROPOSED CHANGE.
   32  THE NOTICE SHALL ALSO REQUEST THAT CHILD CARE PROVIDERS THAT RECEIVE THE
   33  NOTICE IMMEDIATELY POST THE NOTICE IN A PLACE WHICH IS LIKELY TO BE SEEN
   34  BY THE FAMILIES WHO HAVE CHILDREN IN THE PROVIDER'S CARE AND THAT CERTI-
   35  FIED EMPLOYEE ORGANIZATIONS REPRESENTING LICENSED, REGISTERED AND LEGAL-
   36  LY-EXEMPT CHILD CARE PROVIDERS IN THE AFFECTED DISTRICT POST THE  NOTICE
   37  ON  THEIR  OFFICIAL  WEBSITE.   THIS NOTICE SHALL NOT BE CONSIDERED AS A
   38  SUBSTITUTE FOR ANY NOTICE TO PARENTS WHICH IS REQUIRED BY LAW.
   39    S 2. This act shall take effect on the first of January next  succeed-
   40  ing the date on which it shall have become a law.
   41                                   PART DD
   42    Section  1.    Paragraph  (e)  of subdivision 1 of section 2411 of the
   43  public health law, as amended by chapter 219 of the  laws  of  1997,  is
   44  amended to read as follows:
   45    (e)  Solicit, receive, and review applications from public and private
   46  agencies and  organizations  and  qualified  research  institutions  for
   47  grants  from  the  breast  cancer  research  and education fund, created
   48  pursuant to section ninety-seven-yy of the state finance law, to conduct
   49  research or educational programs which focus on the causes,  prevention,
   50  screening,  treatment and cure of breast cancer and may include, but are
   51  not limited to MAPPING OF BREAST CANCER, AND  basic,  behavioral,  clin-
   52  ical,   demographic,   environmental,   epidemiologic  and  psychosocial
   53  research. The board shall make recommendations to the commissioner,  and
   54  the  commissioner  shall,  in  his  or her discretion, grant approval of
       S. 5806                            68
    1  applications for grants  from  those  applications  recommended  by  the
    2  board.  The board shall consult with the Centers for Disease Control and
    3  Prevention,  the  National  Institutes of Health, the Federal Agency For
    4  Health  Care  Policy  and  Research,  the  National Academy of Sciences,
    5  breast cancer advocacy groups, and other organizations or entities which
    6  may be involved in breast cancer research to  solicit  both  information
    7  regarding  breast  cancer  research  projects  that  are currently being
    8  conducted and recommendations for future research projects. As  used  in
    9  this  section,  "qualified  research  institution"  may include academic
   10  medical institutions, state or  local  government  agencies,  public  or
   11  private  organizations  within  this  state,  and  any other institution
   12  approved by the department, which is conducting a breast cancer research
   13  project or educational program. If a board member submits an application
   14  for a grant from the breast cancer research and education  fund,  he  or
   15  she  shall  be  prohibited from reviewing and making a recommendation on
   16  the application;
   17    S 2. This act shall take effect on the sixtieth  day  after  it  shall
   18  have become a law.
   19                                   PART EE
   20    Section  1.  Article 2 of the public health law is amended by adding a
   21  new title VI to read as follows:
   22                                   TITLE VI
   23                               WOMEN'S HEALTH
   24  SECTION 266. DEPARTMENT WEBSITE.
   25    S 266. DEPARTMENT WEBSITE. 1. THE DEPARTMENT SHALL ESTABLISH AND MAIN-
   26  TAIN AN INTERNET WEBSITE FOR THE PURPOSE  OF  ADVANCING  WOMEN'S  HEALTH
   27  INITIATIVES.   THE WEBSITE SHALL PROVIDE INFORMATION FOR THE PURPOSES OF
   28  EDUCATING THE PUBLIC AND RAISING AWARENESS  OF  WOMEN'S  HEALTH  ISSUES,
   29  PROVIDE  LINKS TO USEFUL RESOURCES AND ENCOURAGE THE USE OF SERVICES NOW
   30  MADE MORE WIDELY AVAILABLE TO THE WOMEN OF NEW YORK STATE.  THE  WEBSITE
   31  SHALL  ALSO  PROMOTE  THE  FOLLOWING  PREVENTATIVE  SERVICES NOW COVERED
   32  PURSUANT TO FEDERAL LAW AND REGULATION, AND EXPLAIN THAT  SUCH  SERVICES
   33  MUST BE COVERED WITH NO COST SHARING:
   34    (A) ANEMIA SCREENING FOR PREGNANT WOMEN;
   35    (B)  BACTERIURIA  URINARY TRACT OR OTHER INFECTION SCREENING FOR PREG-
   36  NANT WOMEN;
   37    (C) BRCA COUNSELING ABOUT GENETIC TESTING FOR WOMEN AT HIGHER RISK;
   38    (D) BREAST CANCER MAMMOGRAPHY SCREENINGS EVERY ONE TO  TWO  YEARS  FOR
   39  WOMEN OVER AGE FORTY;
   40    (E) BREAST CANCER CHEMOPREVENTION COUNSELING FOR WOMEN AT HIGHER RISK;
   41    (F)  BREASTFEEDING  COMPREHENSIVE  SUPPORT AND COUNSELING FROM TRAINED
   42  PROVIDERS, AS WELL AS ACCESS TO BREASTFEEDING SUPPLIES, FOR PREGNANT AND
   43  NURSING WOMEN;
   44    (G) CERVICAL CANCER SCREENING FOR SEXUALLY ACTIVE WOMEN;
   45    (H) CHLAMYDIA INFECTION SCREENING FOR YOUNGER WOMEN AND OTHER WOMEN AT
   46  HIGHER RISK;
   47    (I) CONTRACEPTION: FOOD AND DRUG ADMINISTRATION-APPROVED CONTRACEPTIVE
   48  METHODS, STERILIZATION PROCEDURES, AND PATIENT EDUCATION AND COUNSELING,
   49  NOT INCLUDING ABORTIFACIENT DRUGS;
   50    (J) DOMESTIC AND INTERPERSONAL VIOLENCE SCREENING AND  COUNSELING  FOR
   51  ALL WOMEN;
   52    (K) FOLIC ACID SUPPLEMENTS FOR WOMEN WHO MAY BECOME PREGNANT;
       S. 5806                            69
    1    (L)   GESTATIONAL   DIABETES   SCREENING   FOR  WOMEN  TWENTY-FOUR  TO
    2  TWENTY-EIGHT WEEKS PREGNANT AND THOSE AT HIGH RISK OF DEVELOPING  GESTA-
    3  TIONAL DIABETES;
    4    (M) GONORRHEA SCREENING FOR ALL WOMEN AT HIGHER RISK;
    5    (N)  HEPATITIS  B SCREENING FOR PREGNANT WOMEN AT THEIR FIRST PRENATAL
    6  VISIT;
    7    (O) HUMAN IMMUNODEFICIENCY VIRUS (HIV) SCREENING  AND  COUNSELING  FOR
    8  SEXUALLY ACTIVE WOMEN;
    9    (P)  HUMAN  PAPILLOMAVIRUS  (HPV)  DNA TEST: HIGH RISK HPV DNA TESTING
   10  EVERY THREE YEARS FOR WOMEN WITH NORMAL CYTOLOGY RESULTS WHO ARE  THIRTY
   11  YEARS OF AGE OR OLDER;
   12    (Q)  OSTEOPOROSIS SCREENING FOR WOMEN OVER AGE SIXTY DEPENDING ON RISK
   13  FACTORS;
   14    (R) RH INCOMPATIBILITY SCREENING FOR ALL PREGNANT WOMEN AND  FOLLOW-UP
   15  TESTING FOR WOMEN AT HIGHER RISK;
   16    (S)  TOBACCO  USE  SCREENING  AND  INTERVENTIONS  FOR  ALL  WOMEN, AND
   17  EXPANDED COUNSELING FOR PREGNANT TOBACCO USERS;
   18    (T) SEXUALLY TRANSMITTED  INFECTIONS  (STI)  COUNSELING  FOR  SEXUALLY
   19  ACTIVE WOMEN;
   20    (U)  SYPHILIS  SCREENING  FOR  ALL  PREGNANT  WOMEN  OR OTHER WOMEN AT
   21  INCREASED RISK; AND
   22    (V) WELL-WOMAN VISITS TO OBTAIN RECOMMENDED PREVENTIVE SERVICES.
   23    2.  THE DEPARTMENT SHALL ALSO CONSIDER  MAKING  USE  OF  SOCIAL  MEDIA
   24  NETWORKS FOR THE PURPOSES OF ADVANCING SUCH INITIATIVES.
   25    S 2. This act shall take effect immediately.
   26                                   PART FF
   27    Section  1.    Section  606  of the tax law is amended by adding a new
   28  subsection (t-2) to read as follows:
   29    (T-2) ADOPTION CREDIT. (1)  GENERAL.  A  RESIDENT  TAXPAYER  SHALL  BE
   30  ALLOWED  A  CREDIT,  NOT  TO  EXCEED  TWO THOUSAND FIVE HUNDRED DOLLARS,
   31  AGAINST THE TAX IMPOSED BY THIS ARTICLE FOR QUALIFIED ADOPTION  EXPENSES
   32  FOR EACH CHILD ADOPTED.
   33    (2)  QUALIFIED ADOPTION EXPENSES. FOR THE PURPOSES OF THIS SUBSECTION,
   34  THE TERM "QUALIFIED ADOPTION EXPENSES" SHALL MEAN THE EXPENSES  REQUIRED
   35  FOR  THE  LEGAL  ADOPTION  OF  A CHILD BY THE TAXPAYER OR THE TAXPAYER'S
   36  SPOUSE.
   37    (3) REFUNDABILITY. THE CREDIT UNDER THIS SUBSECTION SHALL  BE  ALLOWED
   38  AGAINST  THE  TAXES IMPOSED BY THIS ARTICLE FOR THE TAXABLE YEAR REDUCED
   39  BY THE CREDITS PERMITTED BY THIS ARTICLE. IF THE CREDIT EXCEEDS THE  TAX
   40  AS SO REDUCED, THE TAXPAYER MAY RECEIVE, AND THE COMPTROLLER, SUBJECT TO
   41  A  CERTIFICATE OF THE COMMISSIONER, SHALL PAY AS AN OVERPAYMENT, WITHOUT
   42  INTEREST, THE AMOUNT OF SUCH EXCESS.
   43    S 2. This act shall take effect immediately and shall apply to taxable
   44  years beginning on or after January 1, 2013.
   45    S 3. Severability clause. If any clause, sentence, paragraph, subdivi-
   46  sion, section or part of this act shall be  adjudged  by  any  court  of
   47  competent  jurisdiction  to  be invalid, such judgment shall not affect,
   48  impair, or invalidate the remainder thereof, but shall  be  confined  in
   49  its  operation  to the clause, sentence, paragraph, subdivision, section
   50  or part thereof directly involved in the controversy in which such judg-
   51  ment shall have been rendered. It is hereby declared to be the intent of
   52  the legislature that this act would  have  been  enacted  even  if  such
   53  invalid provisions had not been included herein.
       S. 5806                            70
    1    S  4.  This  act shall take effect immediately provided, however, that
    2  the applicable effective date of Parts A through FF of this act shall be
    3  as specifically set forth in the last section of such Parts.