S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5879
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                     June 18, 2013
                                      ___________
       Introduced  by  Sens.  LANZA, GALLIVAN, SAVINO, HANNON -- (at request of
         the Governor) -- read twice and ordered printed, and when  printed  to
         be committed to the Committee on Rules
       AN  ACT  to  amend the penal law, the criminal procedure law, the social
         services law, the civil practice law and  rules,  the  mental  hygiene
         law,  the  correction  law,  the  vehicle  and traffic law, the public
         health law, the real property actions and  proceedings  law,  and  the
         real  property  law,  in relation to enacting the "trafficking victims
         protection and justice act"; to amend the penal law,  in  relation  to
         prostitution in a school zone; to amend chapter 74 of the laws of 2007
         amending  the  penal  law,  the criminal procedure law, the correction
         law, the social services law, and the executive law relating to  human
         trafficking,  in  relation  to extending the interagency task force on
         human trafficking for four years; and to amend the executive  law,  in
         relation to human trafficking awareness
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Short title. This act shall be known and may  be  cited  as
    2  the "trafficking victims protection and justice act".
    3    S 2. Section 60.13 of the penal law, as added by chapter 7 of the laws
    4  of 2007, is amended to read as follows:
    5  S 60.13 Authorized dispositions; felony sex offenses.
    6    When  a  person  is  to  be sentenced upon a conviction for any felony
    7  defined in article one hundred thirty of this chapter, including a sexu-
    8  ally motivated felony, or patronizing a [prostitute] PERSON FOR  PROSTI-
    9  TUTION in the first degree as defined in section 230.06 of this chapter,
   10  AGGRAVATED  PATRONIZING  A MINOR FOR PROSTITUTION IN THE THIRD DEGREE AS
   11  DEFINED IN SECTION 230.11 OF  THIS  CHAPTER,  AGGRAVATED  PATRONIZING  A
   12  MINOR FOR PROSTITUTION IN THE SECOND DEGREE AS DEFINED IN SECTION 230.12
   13  OF  THIS CHAPTER, AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE
   14  FIRST DEGREE AS DEFINED IN SECTION 230.13 OF THIS CHAPTER, incest in the
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD12057-01-3
       S. 5879                             2
    1  second degree as defined in section 255.26 of this chapter, or incest in
    2  the first degree as defined in section 255.27  of  this  chapter,  or  a
    3  felony  attempt  or  conspiracy to commit any of these crimes, the court
    4  must sentence the defendant in accordance with the provisions of section
    5  70.80 of this title.
    6    S  3.  Paragraphs (a) and (c) of subdivision 1 of section 70.02 of the
    7  penal law, paragraph (a) as amended by chapter 320 of the laws  of  2006
    8  and  paragraph  (c)  as  amended  by  chapter 1 of the laws of 2013, are
    9  amended to read as follows:
   10    (a) Class B violent felony offenses: an attempt to  commit  the  class
   11  A-I  felonies  of  murder  in  the  second  degree as defined in section
   12  125.25, kidnapping in the first degree as defined in section 135.25, and
   13  arson in the first degree as defined in section 150.20; manslaughter  in
   14  the  first  degree as defined in section 125.20, aggravated manslaughter
   15  in the first degree as defined in section  125.22,  rape  in  the  first
   16  degree  as  defined  in section 130.35, criminal sexual act in the first
   17  degree as defined in section 130.50,  aggravated  sexual  abuse  in  the
   18  first  degree  as  defined  in  section 130.70, course of sexual conduct
   19  against a child in the  first  degree  as  defined  in  section  130.75;
   20  assault  in the first degree as defined in section 120.10, kidnapping in
   21  the second degree as defined in section 135.20, burglary  in  the  first
   22  degree  as  defined  in  section  140.30,  arson in the second degree as
   23  defined in section 150.15, robbery in the first  degree  as  defined  in
   24  section  160.15, SEX TRAFFICKING AS DEFINED IN PARAGRAPHS (A) AND (B) OF
   25  SUBDIVISION FIVE OF SECTION  230.34,  incest  in  the  first  degree  as
   26  defined  in section 255.27, criminal possession of a weapon in the first
   27  degree as defined in section 265.04, criminal use of a  firearm  in  the
   28  first degree as defined in section 265.09, criminal sale of a firearm in
   29  the first degree as defined in section 265.13, aggravated assault upon a
   30  police  officer  or  a  peace officer as defined in section 120.11, gang
   31  assault in the first degree as defined in section 120.07, intimidating a
   32  victim or witness in the first degree  as  defined  in  section  215.17,
   33  hindering  prosecution  of  terrorism  in the first degree as defined in
   34  section 490.35, criminal possession of a chemical weapon  or  biological
   35  weapon  in  the second degree as defined in section 490.40, and criminal
   36  use of a chemical weapon or biological weapon in  the  third  degree  as
   37  defined in section 490.47.
   38    (c)  Class  D violent felony offenses: an attempt to commit any of the
   39  class C felonies set forth in paragraph (b); reckless assault of a child
   40  as defined in section 120.02, assault in the second degree as defined in
   41  section 120.05, menacing a police officer or peace officer as defined in
   42  section 120.18, stalking in the first degree, as defined in  subdivision
   43  one  of section 120.60, strangulation in the second degree as defined in
   44  section 121.12, rape in the second degree as defined in section  130.30,
   45  criminal  sexual  act in the second degree as defined in section 130.45,
   46  sexual abuse in the first degree as defined in section 130.65, course of
   47  sexual conduct against a child  in  the  second  degree  as  defined  in
   48  section  130.80,  aggravated sexual abuse in the third degree as defined
   49  in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
   50  substance  as defined in section 130.90, LABOR TRAFFICKING AS DEFINED IN
   51  PARAGRAPHS (A) AND (B) OF SUBDIVISION THREE OF SECTION 135.35,  criminal
   52  possession  of  a  weapon  in the third degree as defined in subdivision
   53  five, six, seven, eight, nine or ten of section 265.02, criminal sale of
   54  a firearm in the third degree as defined in section 265.11, intimidating
   55  a victim or witness in the second degree as defined in  section  215.16,
   56  soliciting  or  providing  support for an act of terrorism in the second
       S. 5879                             3
    1  degree as defined in section 490.10, and making a terroristic threat  as
    2  defined  in  section  490.20, falsely reporting an incident in the first
    3  degree as defined in section 240.60, placing a false bomb  or  hazardous
    4  substance  in  the  first degree as defined in section 240.62, placing a
    5  false bomb or hazardous substance in a sports  stadium  or  arena,  mass
    6  transportation  facility or enclosed shopping mall as defined in section
    7  240.63, and aggravated unpermitted use of  indoor  pyrotechnics  in  the
    8  first degree as defined in section 405.18.
    9    S 4. Paragraph (a) of subdivision 1 of section 70.80 of the penal law,
   10  as  added  by  chapter  7  of  the  laws  of 2007, is amended to read as
   11  follows:
   12    (a) For the purposes of this section, a "felony sex offense"  means  a
   13  conviction  of  any felony defined in article one hundred thirty of this
   14  chapter, including a sexually motivated felony, or patronizing a  [pros-
   15  titute]  PERSON  FOR  PROSTITUTION  in  the  first  degree as defined in
   16  section 230.06 of this chapter, PATRONIZING A PERSON FOR PROSTITUTION IN
   17  THE SECOND DEGREE AS DEFINED IN SECTION 230.05 OF THIS  CHAPTER,  AGGRA-
   18  VATED  PATRONIZING  A  MINOR  FOR  PROSTITUTION  IN  THE THIRD DEGREE AS
   19  DEFINED IN SECTION 230.11 OF  THIS  CHAPTER,  AGGRAVATED  PATRONIZING  A
   20  MINOR FOR PROSTITUTION IN THE SECOND DEGREE AS DEFINED IN SECTION 230.12
   21  OF  THIS  CHAPTER,  AGGRAVATED  PATRONIZING  A MINOR FOR PROSTITUTION IN
   22  FIRST DEGREE AS DEFINED IN SECTION 230.13 OF THIS CHAPTER, incest in the
   23  second degree as defined in section 255.26 of this chapter, or incest in
   24  the first degree as defined in section 255.27  of  this  chapter,  or  a
   25  felony attempt or conspiracy to commit any of the above.
   26    S  5.  Section  135.35 of the penal law, as added by chapter 74 of the
   27  laws of 2007, is amended to read as follows:
   28  S 135.35 Labor trafficking.
   29    A person is guilty of labor  trafficking  if  he  or  she  compels  or
   30  induces  another  to  engage  in labor or recruits, entices, harbors, or
   31  transports such other person by means of intentionally:
   32    1. [unlawfully providing a controlled substance to  such  person  with
   33  intent to impair said person's judgment;
   34    2.] requiring that the labor be performed to retire, repay, or service
   35  a real or purported debt that the actor has caused by a systematic ongo-
   36  ing course of conduct with intent to defraud such person;
   37    [3.]  2.  withholding,  destroying,  or  confiscating  any  actual  or
   38  purported  passport,  immigration  document,  or  any  other  actual  or
   39  purported  government  identification  document,  of another person with
   40  intent to impair said person's freedom of movement;  provided,  however,
   41  that  this subdivision shall not apply to an attempt to correct a social
   42  security administration record or immigration agency record  in  accord-
   43  ance  with  any  local, state, or federal agency requirement, where such
   44  attempt is not made for the purpose of any express or implied threat;
   45    [4.] 3. using force or engaging in any  scheme,  plan  or  pattern  to
   46  compel or induce such person to engage in or continue to engage in labor
   47  activity  by  means  of  instilling  a  fear in such person that, if the
   48  demand is not complied with, the actor or another will do one or more of
   49  the following:
   50    (a) cause physical injury, serious physical  injury,  or  death  to  a
   51  person; or
   52    (b) cause damage to property, other than the property of the actor; or
   53    (c)  engage  in other conduct constituting a felony or unlawful impri-
   54  sonment in the second degree in violation  of  section  135.05  of  this
   55  [chapter] ARTICLE; or
       S. 5879                             4
    1    (d)  accuse some person of a crime or cause criminal charges or depor-
    2  tation proceedings to  be  instituted  against  such  person;  provided,
    3  however,  that  it  shall  be an affirmative defense to this subdivision
    4  that the defendant reasonably believed the threatened charge to be  true
    5  and  that  his or her sole purpose was to compel or induce the victim to
    6  take reasonable action to make good the wrong which was the  subject  of
    7  such threatened charge; or
    8    (e)  expose  a  secret  or publicize an asserted fact, whether true or
    9  false, tending to subject some person to hatred, contempt  or  ridicule;
   10  or
   11    (f)  testify  or provide information or withhold testimony or informa-
   12  tion with respect to another's legal claim or defense; or
   13    (g) use or abuse his or her position as a public servant by performing
   14  some act within or related to his or her official duties, or by  failing
   15  or  refusing  to  perform  an official duty, in such manner as to affect
   16  some person adversely.
   17    Labor trafficking is a class D felony.
   18    S 5-a. The penal law is amended by adding a new section 135.37 to read
   19  as follows:
   20  S 135.37 AGGRAVATED LABOR TRAFFICKING.
   21    A PERSON IS GUILTY OF  AGGRAVATED  LABOR  TRAFFICKING  IF  HE  OR  SHE
   22  COMPELS  OR  INDUCES  ANOTHER  TO  ENGAGE IN LABOR OR RECRUITS, ENTICES,
   23  HARBORS, OR TRANSPORTS SUCH OTHER PERSON TO ENGAGE IN LABOR BY MEANS  OF
   24  INTENTIONALLY UNLAWFULLY PROVIDING A CONTROLLED SUBSTANCE TO SUCH PERSON
   25  WITH INTENT TO IMPAIR SAID PERSON'S JUDGMENT.
   26    AGGRAVATED LABOR TRAFFICKING IS A CLASS C FELONY.
   27    S  5-b.  Paragraph (a) of subdivision 1 of section 460.10 of the penal
   28  law, as amended by chapter 405 of the laws of 2010, is amended  to  read
   29  as follows:
   30    (a)  Any  of  the felonies set forth in this chapter: sections 120.05,
   31  120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat-
   32  ing to strangulation; sections 125.10 to 125.27  relating  to  homicide;
   33  sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and
   34  135.25  relating  to  kidnapping;  [section]  SECTIONS 135.35 AND 135.37
   35  relating to labor trafficking;  section  135.65  relating  to  coercion;
   36  sections  140.20,  140.25  and  140.30  relating  to  burglary; sections
   37  145.05, 145.10 and 145.12 relating to  criminal  mischief;  article  one
   38  hundred  fifty  relating  to  arson; sections 155.30, 155.35, 155.40 and
   39  155.42 relating to grand larceny; sections 177.10,  177.15,  177.20  and
   40  177.25 relating to health care fraud; article one hundred sixty relating
   41  to robbery; sections 165.45, 165.50, 165.52 and 165.54 relating to crim-
   42  inal  possession of stolen property; sections 165.72 and 165.73 relating
   43  to trademark counterfeiting; sections 170.10,  170.15,  170.25,  170.30,
   44  170.40,  170.65 and 170.70 relating to forgery; sections 175.10, 175.25,
   45  175.35, 175.40 and 210.40 relating to false statements; sections 176.15,
   46  176.20, 176.25 and 176.30 relating to insurance fraud;  sections  178.20
   47  and  178.25  relating  to criminal diversion of prescription medications
   48  and prescriptions; sections  180.03,  180.08,  180.15,  180.25,  180.40,
   49  180.45,  200.00, 200.03, 200.04, 200.10, 200.11, 200.12, 200.20, 200.22,
   50  200.25, 200.27, 215.00, 215.05 and 215.19 relating to bribery;  sections
   51  187.10,  187.15,  187.20  and  187.25  relating  to residential mortgage
   52  fraud, sections 190.40 and 190.42 relating to  criminal  usury;  section
   53  190.65 relating to schemes to defraud; sections 205.60 and 205.65 relat-
   54  ing to hindering prosecution; sections 210.10, 210.15, and 215.51 relat-
   55  ing  to  perjury and contempt; section 215.40 relating to tampering with
   56  physical evidence; sections  220.06,  220.09,  220.16,  220.18,  220.21,
       S. 5879                             5
    1  220.31,  220.34,  220.39,  220.41,  220.43,  220.46,  220.55, 220.60 and
    2  220.77 relating to controlled substances;  sections  225.10  and  225.20
    3  relating  to  gambling;  sections 230.25, 230.30, and 230.32 relating to
    4  promoting  prostitution;  section  230.34  relating  to sex trafficking;
    5  sections 235.06,  235.07,  235.21  and  235.22  relating  to  obscenity;
    6  sections 263.10 and 263.15 relating to promoting a sexual performance by
    7  a child; sections 265.02, 265.03, 265.04, 265.11, 265.12, 265.13 and the
    8  provisions  of  section  265.10  which  constitute  a felony relating to
    9  firearms and other dangerous weapons; and  sections  265.14  and  265.16
   10  relating  to  criminal  sale  of  a firearm; and section 275.10, 275.20,
   11  275.30, or 275.40 relating  to  unauthorized  recordings;  and  sections
   12  470.05, 470.10, 470.15 and 470.20 relating to money laundering; or
   13    S  5-c.  Paragraphs  (b) and (h) of subdivision 8 of section 700.05 of
   14  the criminal procedure law, paragraph (b) as amended by chapter  405  of
   15  the laws of 2010 and paragraph (h) as amended by chapter 154 of the laws
   16  of 1990, are amended to read as follows:
   17    (b)  Any  of  the  following felonies: assault in the second degree as
   18  defined in section 120.05 of the penal law, assault in the first  degree
   19  as  defined in section 120.10 of the penal law, reckless endangerment in
   20  the first degree as defined in section 120.25 of the penal law,  promot-
   21  ing  a  suicide  attempt  as defined in section 120.30 of the penal law,
   22  strangulation in the second degree as defined in section 121.12  of  the
   23  penal  law,  strangulation  in  the  first  degree as defined in section
   24  121.13 of the penal law, criminally negligent  homicide  as  defined  in
   25  section  125.10  of  the penal law, manslaughter in the second degree as
   26  defined in section 125.15 of the penal law, manslaughter  in  the  first
   27  degree  as  defined  in  section  125.20 of the penal law, murder in the
   28  second degree as defined in section 125.25 of the penal law,  murder  in
   29  the first degree as defined in section 125.27 of the penal law, abortion
   30  in  the  second  degree  as  defined in section 125.40 of the penal law,
   31  abortion in the first degree as defined in section 125.45 of  the  penal
   32  law,  rape in the third degree as defined in section 130.25 of the penal
   33  law, rape in the second degree as defined in section 130.30 of the penal
   34  law, rape in the first degree as defined in section 130.35 of the  penal
   35  law,  criminal  sexual  act  in  the  third degree as defined in section
   36  130.40 of the penal law, criminal sexual act in  the  second  degree  as
   37  defined  in  section 130.45 of the penal law, criminal sexual act in the
   38  first degree as defined in section 130.50 of the penal law, sexual abuse
   39  in the first degree as defined in  section  130.65  of  the  penal  law,
   40  unlawful  imprisonment  in the first degree as defined in section 135.10
   41  of the penal law, kidnapping in the second degree as defined in  section
   42  135.20  of  the  penal law, kidnapping in the first degree as defined in
   43  section 135.25 of the penal law, labor trafficking as defined in section
   44  135.35 of the penal law, AGGRAVATED  LABOR  TRAFFICKING  AS  DEFINED  IN
   45  SECTION  135.37  OF  THE  PENAL LAW, custodial interference in the first
   46  degree as defined in section 135.50 of the penal law,  coercion  in  the
   47  first  degree  as  defined  in section 135.65 of the penal law, criminal
   48  trespass in the first degree as defined in section 140.17 of  the  penal
   49  law,  burglary  in  the third degree as defined in section 140.20 of the
   50  penal law, burglary in the second degree as defined in section 140.25 of
   51  the penal law, burglary in the first degree as defined in section 140.30
   52  of the penal law, criminal mischief in the third degree  as  defined  in
   53  section  145.05 of the penal law, criminal mischief in the second degree
   54  as defined in section 145.10 of the penal law, criminal mischief in  the
   55  first  degree  as  defined  in section 145.12 of the penal law, criminal
   56  tampering in the first degree as defined in section 145.20 of the  penal
       S. 5879                             6
    1  law,  arson  in  the  fourth  degree as defined in section 150.05 of the
    2  penal law, arson in the third degree as defined in section 150.10 of the
    3  penal law, arson in the second degree as defined in  section  150.15  of
    4  the penal law, arson in the first degree as defined in section 150.20 of
    5  the  penal law, grand larceny in the fourth degree as defined in section
    6  155.30 of the penal law, grand larceny in the third degree as defined in
    7  section 155.35 of the penal law, grand larceny in the second  degree  as
    8  defined  in  section 155.40 of the penal law, grand larceny in the first
    9  degree as defined in section 155.42 of the penal law, health care  fraud
   10  in  the  fourth  degree  as  defined in section 177.10 of the penal law,
   11  health care fraud in the third degree as defined in  section  177.15  of
   12  the  penal  law,  health  care  fraud in the second degree as defined in
   13  section 177.20 of the penal law, health care fraud in the  first  degree
   14  as  defined  in  section  177.25  of the penal law, robbery in the third
   15  degree as defined in section 160.05 of the penal  law,  robbery  in  the
   16  second  degree as defined in section 160.10 of the penal law, robbery in
   17  the first degree as defined in section 160.15 of the penal law, unlawful
   18  use of secret scientific material as defined in section  165.07  of  the
   19  penal  law,  criminal possession of stolen property in the fourth degree
   20  as defined in section 165.45 of the penal law,  criminal  possession  of
   21  stolen  property in the third degree as defined in section 165.50 of the
   22  penal law, criminal possession of stolen property in the  second  degree
   23  as  defined  by  section 165.52 of the penal law, criminal possession of
   24  stolen property in the first degree as defined by section 165.54 of  the
   25  penal  law,  trademark counterfeiting in the second degree as defined in
   26  section 165.72 of the penal law, trademark counterfeiting in  the  first
   27  degree  as  defined  in  section 165.73 of the penal law, forgery in the
   28  second degree as defined in section 170.10 of the penal law, forgery  in
   29  the first degree as defined in section 170.15 of the penal law, criminal
   30  possession  of  a  forged  instrument in the second degree as defined in
   31  section 170.25 of the penal law, criminal possession of a forged instru-
   32  ment in the first degree as defined in section 170.30 of the penal  law,
   33  criminal  possession  of forgery devices as defined in section 170.40 of
   34  the penal law, falsifying  business  records  in  the  first  degree  as
   35  defined  in  section  175.10  of  the  penal  law, tampering with public
   36  records in the first degree as defined in section 175.25  of  the  penal
   37  law,  offering  a  false  instrument  for  filing in the first degree as
   38  defined in section 175.35 of the penal law, issuing a false  certificate
   39  as  defined  in  section  175.40 of the penal law, criminal diversion of
   40  prescription medications and  prescriptions  in  the  second  degree  as
   41  defined  in  section  178.20  of  the  penal  law, criminal diversion of
   42  prescription medications  and  prescriptions  in  the  first  degree  as
   43  defined  in  section 178.25 of the penal law, residential mortgage fraud
   44  in the fourth degree as defined in section  187.10  of  the  penal  law,
   45  residential  mortgage  fraud  in  the third degree as defined in section
   46  187.15 of the penal law, residential mortgage fraud in the second degree
   47  as defined in section 187.20 of  the  penal  law,  residential  mortgage
   48  fraud in the first degree as defined in section 187.25 of the penal law,
   49  escape  in  the  second degree as defined in section 205.10 of the penal
   50  law, escape in the first degree as defined  in  section  205.15  of  the
   51  penal  law,  absconding  from  temporary  release in the first degree as
   52  defined in section 205.17 of the penal law, promoting prison  contraband
   53  in  the  first  degree  as  defined  in section 205.25 of the penal law,
   54  hindering prosecution in the second degree as defined in section  205.60
   55  of  the  penal law, hindering prosecution in the first degree as defined
   56  in section 205.65 of the  penal  law,  sex  trafficking  as  defined  in
       S. 5879                             7
    1  section  230.34 of the penal law, criminal possession of a weapon in the
    2  third degree as defined in subdivisions two, three and five  of  section
    3  265.02  of  the penal law, criminal possession of a weapon in the second
    4  degree  as  defined  in  section  265.03  of  the  penal  law,  criminal
    5  possession of a weapon in the first degree as defined in section  265.04
    6  of  the penal law, manufacture, transport, disposition and defacement of
    7  weapons and dangerous instruments and appliances defined as felonies  in
    8  subdivisions  one,  two,  and  three of section 265.10 of the penal law,
    9  sections 265.11, 265.12 and 265.13 of the penal law, or  prohibited  use
   10  of  weapons as defined in subdivision two of section 265.35 of the penal
   11  law, relating to firearms and other dangerous  weapons,  or  failure  to
   12  disclose  the  origin  of  a recording in the first degree as defined in
   13  section 275.40 of the penal law;
   14    (h) Promoting prostitution in the first degree, as defined in  section
   15  230.32 of the penal law, promoting prostitution in the second degree, as
   16  defined by subdivision one of section 230.30 of the penal law, PROMOTING
   17  PROSTITUTION  IN  THE  THIRD DEGREE, AS DEFINED IN SECTION 230.25 OF THE
   18  PENAL LAW;
   19    S 6. The penal law is amended by adding a new section 230.01  to  read
   20  as follows:
   21  S 230.01 PROSTITUTION; AFFIRMATIVE DEFENSE.
   22    IN ANY PROSECUTION UNDER SECTION 230.00, SECTION 230.03 OR SUBDIVISION
   23  TWO  OF  SECTION  240.37 OF THIS PART, IT IS AN AFFIRMATIVE DEFENSE THAT
   24  THE DEFENDANT'S PARTICIPATION IN THE OFFENSE WAS A RESULT OF HAVING BEEN
   25  A VICTIM OF COMPELLING PROSTITUTION UNDER SECTION 230.33,  A  VICTIM  OF
   26  SEX  TRAFFICKING  UNDER  SECTION  230.34  OF THIS ARTICLE OR A VICTIM OF
   27  TRAFFICKING IN PERSONS UNDER  THE  TRAFFICKING  VICTIMS  PROTECTION  ACT
   28  (UNITED STATES CODE, TITLE 22, CHAPTER 78).
   29    S  7.  The  section heading and subdivision 1 of section 230.02 of the
   30  penal law, as amended by chapter 627 of the laws of 1978, are amended to
   31  read as follows:
   32    Patronizing a [prostitute] PERSON FOR PROSTITUTION; definitions.
   33    1. A person patronizes a [prostitute] PERSON FOR PROSTITUTION when:
   34    (a) Pursuant to a prior understanding, he OR SHE pays a fee to another
   35  person as compensation for such person or a third person having  engaged
   36  in sexual conduct with him OR HER; or
   37    (b)  He  OR SHE pays or agrees to pay a fee to another person pursuant
   38  to an understanding that in return  therefor  such  person  or  a  third
   39  person will engage in sexual conduct with him OR HER; or
   40    (c)  He OR SHE solicits or requests another person to engage in sexual
   41  conduct with him OR HER in return for a fee.
   42    S 8. Subdivision 2 of section 230.03 of the penal  law,  as  added  by
   43  chapter 191 of the laws of 2011, is amended to read as follows:
   44    2. For the purposes of this section, SECTION 230.08 and section 230.19
   45  of  this  article, "school zone" means (a) in or on or within any build-
   46  ing, structure, athletic playing field,  playground  or  land  contained
   47  within  the real property boundary line of a public or private elementa-
   48  ry, parochial, intermediate, junior high, vocational, or high school, or
   49  (b) any public  sidewalk,  street,  parking  lot,  park,  playground  or
   50  private  land, located immediately adjacent to the boundary line of such
   51  school.
   52    S 9. Section 230.04 of the penal law, as amended by chapter 74 of  the
   53  laws of 2007, is amended to read as follows:
   54  S 230.04 Patronizing a [prostitute] PERSON FOR PROSTITUTION in the third
   55             degree.
       S. 5879                             8
    1    A  person is guilty of patronizing a [prostitute] PERSON FOR PROSTITU-
    2  TION in the third degree when he or she patronizes a [prostitute] PERSON
    3  FOR PROSTITUTION.
    4    Patronizing a [prostitute] PERSON FOR PROSTITUTION in the third degree
    5  is a class A misdemeanor.
    6    S  10. Section 230.05 of the penal law, as added by chapter 627 of the
    7  laws of 1978, is amended to read as follows:
    8  S 230.05 Patronizing a  [prostitute]  PERSON  FOR  PROSTITUTION  in  the
    9             second degree.
   10    A  person is guilty of patronizing a [prostitute] PERSON FOR PROSTITU-
   11  TION in the second degree when, being [over] eighteen years [of age] OLD
   12  OR MORE, he OR SHE patronizes a [prostitute] PERSON FOR PROSTITUTION and
   13  the person patronized is less than [fourteen]  FIFTEEN  years  [of  age]
   14  OLD.
   15    Patronizing  a  [prostitute]  PERSON  FOR  PROSTITUTION  in the second
   16  degree is a class E felony.
   17    S 11. Section 230.06 of the penal law, as added by chapter 627 of  the
   18  laws of 1978, is amended to read as follows:
   19  S 230.06 Patronizing a [prostitute] PERSON FOR PROSTITUTION in the first
   20             degree.
   21    A  person is guilty of patronizing a [prostitute] PERSON FOR PROSTITU-
   22  TION in the first degree when [he]:
   23    1. HE OR SHE patronizes a [prostitute] PERSON FOR PROSTITUTION and the
   24  person patronized is less than eleven years [of age] OLD; OR
   25    2. BEING EIGHTEEN YEARS OLD OR MORE, HE OR SHE PATRONIZES A PERSON FOR
   26  PROSTITUTION AND THE PERSON PATRONIZED IS LESS THAN THIRTEEN YEARS OLD.
   27    Patronizing a [prostitute] PERSON FOR PROSTITUTION in the first degree
   28  is a class D felony.
   29    S 11-a. Section 230.07 of the penal law, as amended by chapter  74  of
   30  the laws of 2007, is amended to read as follows:
   31  S 230.07 Patronizing a [prostitute] PERSON FOR PROSTITUTION; defense.
   32    In any prosecution for patronizing a [prostitute] PERSON FOR PROSTITU-
   33  TION  in the first or second degrees OR PATRONIZING A PERSON FOR PROSTI-
   34  TUTION IN A SCHOOL ZONE, it is a defense that the defendant did not have
   35  reasonable grounds to believe that the person  was  less  than  the  age
   36  specified.
   37    S  12. The penal law is amended by adding a new section 230.08 to read
   38  as follows:
   39  S 230.08 PATRONIZING A PERSON FOR PROSTITUTION IN A SCHOOL ZONE.
   40    1. A PERSON IS GUILTY OF PATRONIZING A PERSON FOR  PROSTITUTION  IN  A
   41  SCHOOL  ZONE  WHEN,  BEING  TWENTY-ONE  YEARS OF AGE OR OLDER, HE OR SHE
   42  PATRONIZES A PERSON FOR PROSTITUTION AND THE PERSON PATRONIZED  IS  LESS
   43  THAN  EIGHTEEN  YEARS OF AGE AT A PLACE THAT HE OR SHE KNOWS, OR REASON-
   44  ABLY SHOULD KNOW, IS IN A SCHOOL ZONE.
   45    2. FOR PURPOSES OF THIS SECTION,  "SCHOOL  ZONE"  SHALL  MEAN  "SCHOOL
   46  ZONE" AS DEFINED IN SUBDIVISION TWO OF SECTION 230.03 OF THIS ARTICLE.
   47    PATRONIZING  A  PERSON  FOR PROSTITUTION IN A SCHOOL ZONE IS A CLASS E
   48  FELONY.
   49    S 13. The section heading and the opening paragraph of section  230.10
   50  of the penal law are amended to read as follows:
   51    Prostitution  and  patronizing a [prostitute] PERSON FOR PROSTITUTION;
   52  no defense.
   53    In any prosecution for  prostitution  or  patronizing  a  [prostitute]
   54  PERSON  FOR  PROSTITUTION,  the  sex  of  the two parties or prospective
   55  parties to the sexual conduct engaged in, contemplated or  solicited  is
   56  immaterial, and it is no defense that:
       S. 5879                             9
    1    S  14.  The  penal law is amended by adding three new sections 230.11,
    2  230.12 and 230.13 to read as follows:
    3  S 230.11 AGGRAVATED  PATRONIZING  A  MINOR FOR PROSTITUTION IN THE THIRD
    4             DEGREE.
    5    A PERSON IS GUILTY OF AGGRAVATED PATRONIZING A MINOR FOR  PROSTITUTION
    6  IN  THE THIRD DEGREE WHEN, BEING TWENTY-ONE YEARS OLD OR MORE, HE OR SHE
    7  PATRONIZES A PERSON FOR PROSTITUTION AND THE PERSON PATRONIZED  IS  LESS
    8  THAN SEVENTEEN YEARS OLD AND THE PERSON GUILTY OF PATRONIZING ENGAGES IN
    9  SEXUAL  INTERCOURSE, ORAL SEXUAL CONDUCT, ANAL SEXUAL CONDUCT, OR AGGRA-
   10  VATED SEXUAL CONDUCT AS THOSE TERMS ARE DEFINED  IN  SECTION  130.00  OF
   11  THIS PART.
   12    AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE THIRD DEGREE IS
   13  A CLASS E FELONY.
   14  S 230.12 AGGRAVATED  PATRONIZING  A MINOR FOR PROSTITUTION IN THE SECOND
   15             DEGREE.
   16    A PERSON IS GUILTY OF AGGRAVATED PATRONIZING A MINOR FOR  PROSTITUTION
   17  IN  THE  SECOND DEGREE WHEN, BEING EIGHTEEN YEARS OLD OR MORE, HE OR SHE
   18  PATRONIZES A PERSON FOR PROSTITUTION AND THE PERSON PATRONIZED  IS  LESS
   19  THAN  FIFTEEN  YEARS OLD AND THE PERSON GUILTY OF PATRONIZING ENGAGES IN
   20  SEXUAL INTERCOURSE, ORAL SEXUAL CONDUCT, ANAL SEXUAL CONDUCT, OR  AGGRA-
   21  VATED  SEXUAL  CONDUCT  AS  THOSE TERMS ARE DEFINED IN SECTION 130.00 OF
   22  THIS PART.
   23    AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE  SECOND  DEGREE
   24  IS A CLASS D FELONY.
   25  S 230.13 AGGRAVATED  PATRONIZING  A  MINOR FOR PROSTITUTION IN THE FIRST
   26             DEGREE.
   27    A PERSON IS GUILTY OF AGGRAVATED PATRONIZING A MINOR FOR  PROSTITUTION
   28  IN  THE FIRST DEGREE WHEN HE OR SHE PATRONIZES A PERSON FOR PROSTITUTION
   29  AND THE PERSON PATRONIZED IS LESS THAN ELEVEN YEARS OLD, OR BEING  EIGH-
   30  TEEN  YEARS  OLD OR MORE, HE OR SHE PATRONIZES A PERSON FOR PROSTITUTION
   31  AND THE PERSON PATRONIZED IS LESS  THAN  THIRTEEN  YEARS  OLD,  AND  THE
   32  PERSON  GUILTY OF PATRONIZING ENGAGES IN SEXUAL INTERCOURSE, ORAL SEXUAL
   33  CONDUCT, ANAL SEXUAL CONDUCT, OR  AGGRAVATED  SEXUAL  CONDUCT  AS  THOSE
   34  TERMS ARE DEFINED IN SECTION 130.00 OF THIS PART.
   35    AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE FIRST DEGREE IS
   36  A CLASS B FELONY.
   37    S  15.  Subdivisions  1  and  2 of section 230.15 of the penal law are
   38  amended to read as follows:
   39    1. "Advance prostitution."  A  person  "advances  prostitution"  when,
   40  acting  other  than  as  a  [prostitute]  PERSON IN PROSTITUTION or as a
   41  patron thereof, he OR SHE knowingly causes or aids a person to commit or
   42  engage in prostitution, procures or solicits patrons  for  prostitution,
   43  provides  persons  or  premises  for  prostitution purposes, operates or
   44  assists in the operation of a house of prostitution  or  a  prostitution
   45  enterprise,  or  engages in any other conduct designed to institute, aid
   46  or facilitate an act or enterprise of prostitution.
   47    2. "Profit from prostitution." A person  "profits  from  prostitution"
   48  when, acting other than as a [prostitute] PERSON IN PROSTITUTION receiv-
   49  ing  compensation  for  personally rendered prostitution services, he OR
   50  SHE accepts or receives money or other property pursuant to an agreement
   51  or understanding with any person whereby he OR SHE participates or is to
   52  participate in the proceeds of prostitution activity.
   53    S 16. Subdivision 1 of section 230.19 of the penal law,  as  added  by
   54  chapter 191 of the laws of 2011, is amended to read as follows:
   55    1. A person is guilty of promoting prostitution in a school zone when,
   56  being  nineteen  years [of age] OLD or [older] MORE, he or she knowingly
       S. 5879                            10
    1  advances or profits from prostitution that he or she knows or reasonably
    2  should know is or will be committed in violation of  section  230.03  of
    3  this  article  in  a  school  zone  during  the  hours that school is in
    4  session.
    5    S 17. The opening paragraph and subdivision 1 of section 230.25 of the
    6  penal  law,  the opening paragraph as amended by chapter 627 of the laws
    7  of 1978 and subdivision 1 as amended by chapter 74 of the laws of  2007,
    8  are amended to read as follows:
    9    A  person is guilty of promoting prostitution in the third degree when
   10  he OR SHE knowingly:
   11    1. Advances or profits from  prostitution  by  managing,  supervising,
   12  controlling  or  owning,  either  alone or in association with others, a
   13  house of prostitution or a prostitution business or enterprise involving
   14  prostitution activity by two or more [prostitutes] PERSONS IN  PROSTITU-
   15  TION, or a business that sells travel-related services knowing that such
   16  services include or are intended to facilitate travel for the purpose of
   17  patronizing  a  [prostitute]  PERSON  FOR  PROSTITUTION,  including to a
   18  foreign jurisdiction and regardless of the legality of  prostitution  in
   19  said foreign jurisdiction; or
   20    S  18.  Section  230.30 of the penal law, as amended by chapter 627 of
   21  the laws of 1978, is amended to read as follows:
   22  S 230.30 Promoting prostitution in the second degree.
   23    A person is guilty of promoting prostitution in the second degree when
   24  he OR SHE knowingly:
   25    1. Advances prostitution by compelling a person  by  force  or  intim-
   26  idation to engage in prostitution, or profits from such coercive conduct
   27  by another; or
   28    2.  Advances  or  profits  from  prostitution  of  a  person less than
   29  [sixteen] EIGHTEEN years old.
   30    Promoting prostitution in the second degree is a class C felony.
   31    S 19. The first undesignated paragraph of section 230.32 of the  penal
   32  law,  as added by chapter 627 of the laws of 1978, is amended to read as
   33  follows:
   34    A person is guilty of promoting prostitution in the first degree  when
   35  he OR SHE:
   36    1.  knowingly  advances  or profits from prostitution of a person less
   37  than [eleven] THIRTEEN years old; OR
   38    2. BEING TWENTY-ONE YEARS OLD OR MORE, HE OR SHE KNOWINGLY ADVANCES OR
   39  PROFITS FROM PROSTITUTION OF A PERSON LESS THAN FIFTEEN YEARS OF AGE.
   40    S 20. Section 230.33 of the penal law, as added by chapter 450 of  the
   41  laws of 2005, is amended to read as follows:
   42  S 230.33 Compelling prostitution.
   43    A person is guilty of compelling prostitution when, being [twenty-one]
   44  EIGHTEEN  years  [of  age  or  older]  OLD  OR MORE, he or she knowingly
   45  advances prostitution by compelling a person less than  [sixteen]  EIGH-
   46  TEEN years old, by force or intimidation, to engage in prostitution.
   47    Compelling prostitution is a class B felony.
   48    S 21. Intentionally omitted.
   49    S  22.  Section  230.35 of the penal law, as amended by chapter 450 of
   50  the laws of 2005, is amended to read as follows:
   51  S 230.35 Promoting or compelling prostitution; accomplice.
   52    In a prosecution for promoting prostitution  or  compelling  prostitu-
   53  tion,  a  person  less than [seventeen] EIGHTEEN years [of age] OLD from
   54  whose prostitution activity another person is alleged to  have  advanced
   55  or  attempted to advance or profited or attempted to profit shall not be
   56  deemed to be an accomplice.
       S. 5879                            11
    1    S 23. The first undesignated paragraph of section 230.40 of the  penal
    2  law is amended to read as follows:
    3    A  person is guilty of permitting prostitution when, having possession
    4  or control of premises OR VEHICLE which he OR SHE knows are  being  used
    5  for  prostitution purposes OR FOR THE PURPOSE OF ADVANCING PROSTITUTION,
    6  he OR SHE fails to make reasonable effort to halt or abate such use.
    7    S 24. Subdivision 2 of section 240.37 of the penal law,  as  added  by
    8  chapter 344 of the laws of 1976, is amended, and subdivision 3 is renum-
    9  bered subdivision 4 and a new subdivision 3 is added to read as follows:
   10    2.  Any  person  who  remains  or  wanders about in a public place and
   11  repeatedly beckons to, or repeatedly stops, or  repeatedly  attempts  to
   12  stop,  or  repeatedly  attempts to engage passers-by in conversation, or
   13  repeatedly stops or attempts  to  stop  motor  vehicles,  or  repeatedly
   14  interferes  with  the  free passage of other persons, for the purpose of
   15  prostitution[, or of patronizing a prostitute as  those  terms  are]  AS
   16  THAT  TERM  IS  defined in article two hundred thirty of [the penal law]
   17  THIS PART, shall be guilty of a violation and is guilty  of  a  class  B
   18  misdemeanor  if such person has previously been convicted of a violation
   19  of this section or of [sections] SECTION  230.00  [or  230.05]  of  [the
   20  penal law] THIS PART.
   21    3.  ANY  PERSON  WHO  REMAINS  OR  WANDERS ABOUT IN A PUBLIC PLACE AND
   22  REPEATEDLY BECKONS TO, OR REPEATEDLY STOPS, OR  REPEATEDLY  ATTEMPTS  TO
   23  STOP,  OR  REPEATEDLY  ATTEMPTS TO ENGAGE PASSERS-BY IN CONVERSATION, OR
   24  REPEATEDLY STOPS OR ATTEMPTS  TO  STOP  MOTOR  VEHICLES,  OR  REPEATEDLY
   25  INTERFERES  WITH  THE  FREE PASSAGE OF OTHER PERSONS, FOR THE PURPOSE OF
   26  PATRONIZING A PERSON FOR PROSTITUTION AS DEFINED IN  SECTION  230.02  OF
   27  THIS  PART,  SHALL  BE  GUILTY OF A VIOLATION AND IS GUILTY OF A CLASS B
   28  MISDEMEANOR IF SUCH PERSON HAS PREVIOUSLY BEEN CONVICTED OF A  VIOLATION
   29  OF  THIS  SECTION OR OF SECTION 230.04, 230.05, 230.06 OR 230.08 OF THIS
   30  PART.
   31    S 25. Subdivision 6 of section 380.50 of the criminal  procedure  law,
   32  as  amended  by  chapter  320 of the laws of 2006, is amended to read as
   33  follows:
   34    6. Regardless of whether the victim requests to make a statement  with
   35  regard to the defendant's sentence, where the defendant is sentenced for
   36  a violent felony offense as defined in section 70.02 of the penal law or
   37  a  felony  defined in article one hundred twenty-five of such law or any
   38  of the following provisions of such law sections 130.25, 130.30, 130.40,
   39  130.45, 255.25, 255.26, 255.27, article two hundred sixty-three, 135.10,
   40  135.25, 230.05, 230.06,  230.11,  230.12,  230.13,  subdivision  two  of
   41  section 230.30 or 230.32, the prosecutor shall, within sixty days of the
   42  imposition  of  sentence,  provide  the  victim with a form on which the
   43  victim may indicate a demand to be informed of any  petition  to  change
   44  the  name  of  such  defendant.   Such forms shall be maintained by such
   45  prosecutor. Upon receipt of a notice of a petition to change the name of
   46  any such defendant, pursuant to subdivision two of section sixty-two  of
   47  the civil rights law, the prosecutor shall promptly notify the victim at
   48  the  most current address or telephone number provided by such victim in
   49  the most reasonable and expedient possible manner of the time and  place
   50  such petition will be presented to the court.
   51    S 26. Paragraph (i) of subdivision 1 of section 440.10 of the criminal
   52  procedure  law,  as added by chapter 332 of the laws of 2010, is amended
   53  to read as follows:
   54    (i) The judgment is a conviction where the arresting charge was  under
   55  section  240.37 (loitering for the purpose of engaging in a prostitution
   56  offense, provided that the defendant was not alleged to be loitering for
       S. 5879                            12
    1  the purpose of patronizing a prostitute or  promoting  prostitution)  or
    2  230.00  (prostitution)  OR  230.03 of the penal law, and the defendant's
    3  participation in the offense was a result of having been a victim of sex
    4  trafficking  under  section  230.34  of the penal law, LABOR TRAFFICKING
    5  UNDER SECTION 135.35 OF THE  PENAL  LAW,  AGGRAVATED  LABOR  TRAFFICKING
    6  UNDER  SECTION  135.37  OF  THE PENAL LAW, COMPELLING PROSTITUTION UNDER
    7  SECTION 230.33 OF THE PENAL LAW, or trafficking  in  persons  under  the
    8  Trafficking  Victims Protection Act (United States Code, title 22, chap-
    9  ter 78); provided that
   10    (i) a motion under this paragraph shall be made  with  due  diligence,
   11  after  the  defendant  has  ceased to be a victim of such trafficking OR
   12  COMPELLING PROSTITUTION CRIME or has sought services for victims of such
   13  trafficking OR COMPELLING  PROSTITUTION  CRIME,  subject  to  reasonable
   14  concerns  for the safety of the defendant, family members of the defend-
   15  ant, or other victims of such  trafficking  OR  COMPELLING  PROSTITUTION
   16  CRIME  that  may  be  jeopardized by the bringing of such motion, or for
   17  other reasons consistent with the purpose of this paragraph; and
   18    (ii) official documentation of the defendant's status as a  victim  of
   19  [sex]  trafficking, COMPELLING PROSTITUTION or trafficking in persons at
   20  the time of the offense from a federal, state or local government agency
   21  shall create a presumption that the  defendant's  participation  in  the
   22  offense was a result of having been a victim of sex trafficking, COMPEL-
   23  LING  PROSTITUTION  or trafficking in persons, but shall not be required
   24  for granting a motion under this paragraph.
   25    S 27. Intentionally omitted.
   26    S 28. Section 483-bb of the social services law is amended by adding a
   27  new subdivision (c) to read as follows:
   28    (C) AN INDIVIDUAL WHO IS A VICTIM OF THE CONDUCT PROHIBITED BY SECTION
   29  230.33, 230.34, 135.35 OR 135.37 OF THE PENAL  LAW  MAY  BRING  A  CIVIL
   30  ACTION  AGAINST THE PERPETRATOR OR WHOEVER KNOWINGLY ADVANCES OR PROFITS
   31  FROM, OR WHOEVER SHOULD HAVE KNOWN HE OR SHE WAS ADVANCING OR  PROFITING
   32  FROM, AN ACT IN VIOLATION OF SECTION 230.33, 230.34, 135.35 OR 135.37 OF
   33  THE PENAL LAW TO RECOVER DAMAGES AND REASONABLE ATTORNEY'S FEES.
   34    S  29.  Section  212 of the civil practice law and rules is amended by
   35  adding a new subdivision (e) to read as follows:
   36    (E) BY A VICTIM OF SEX TRAFFICKING, COMPELLING PROSTITUTION, OR  LABOR
   37  TRAFFICKING.  AN ACTION BY A VICTIM OF SEX TRAFFICKING, COMPELLING PROS-
   38  TITUTION, LABOR TRAFFICKING OR  AGGRAVATED  LABOR  TRAFFICKING,  BROUGHT
   39  PURSUANT  TO  SUBDIVISION (C) OF SECTION FOUR HUNDRED EIGHTY-THREE-BB OF
   40  THE SOCIAL SERVICES LAW, MAY BE COMMENCED WITHIN TEN  YEARS  AFTER  SUCH
   41  VICTIMIZATION  OCCURS PROVIDED, HOWEVER, THAT SUCH TEN YEAR PERIOD SHALL
   42  NOT BEGIN TO RUN AND SHALL BE TOLLED DURING  ANY  PERIOD  IN  WHICH  THE
   43  VICTIM IS OR REMAINS SUBJECT TO SUCH CONDUCT.
   44    S 30. Subdivision (a) of section 483-cc of the social services law, as
   45  added by chapter 74 of the laws of 2007, is amended to read as follows:
   46    (a)  As  soon as practicable after a first encounter with a person who
   47  reasonably appears to a law enforcement agency [or a],  district  attor-
   48  ney's  office,  OR  AN  ESTABLISHED PROVIDER OF SOCIAL OR LEGAL SERVICES
   49  DESIGNATED BY THE OFFICE OF TEMPORARY AND AND DISABILITY  ASSISTANCE  OR
   50  THE  OFFICE  FOR  THE  PREVENTION  OF DOMESTIC VIOLENCE OR THE OFFICE OF
   51  VICTIM SERVICES to be a human trafficking victim, that [agency  or]  LAW
   52  ENFORCEMENT AGENCY OR DISTRICT ATTORNEY'S office shall notify the office
   53  of  temporary  and  disability  assistance  and the division of criminal
   54  justice services that such person may be  eligible  for  services  under
   55  this  article  OR,  IN  THE CASE OF AN ESTABLISHED PROVIDER OF SOCIAL OR
   56  LEGAL SERVICES, SHALL NOTIFY THE  OFFICE  OF  TEMPORARY  AND  DISABILITY
       S. 5879                            13
    1  ASSISTANCE  AND THE DIVISION OF CRIMINAL JUSTICE SERVICES IF SUCH VICTIM
    2  CONSENTS TO SEEKING SERVICES PURSUANT TO THIS ARTICLE.
    3    S 31. Intentionally omitted.
    4    S 32. Section 14 of chapter 74 of the laws of 2007, amending the penal
    5  law, the criminal procedure law, the correction law, the social services
    6  law,  and the executive law relating to human trafficking, as amended by
    7  chapter 24 of the laws of 2011, is amended to read as follows:
    8    S 14.   This act shall take effect  on  the  first  of  November  next
    9  succeeding  the  date on which it shall have become a law; provided that
   10  section 483-ee of the social services law, as added by section eleven of
   11  this act, shall take effect immediately and shall remain in  full  force
   12  and  effect  until  September  1,  [2013]  2017  when upon such date the
   13  provisions  of  such  section  shall  expire  and  be  deemed  repealed.
   14  Provided,  effective  immediately, the addition, amendment and/or repeal
   15  of any rule or regulation necessary for the timely implementation of the
   16  provisions of article 10-D of the  social  services  law,  as  added  by
   17  section  eleven  of this act, on its effective date are authorized to be
   18  made on or before such effective date.
   19    S 33. Subdivision (p) of section 10.03 of the mental hygiene  law,  as
   20  added by chapter 7 of the laws of 2007, is amended to read as follows:
   21    (p)  "Sex  offense"  means an act or acts constituting: (1) any felony
   22  defined in article one hundred thirty of  the  penal  law,  including  a
   23  sexually  motivated  felony;  (2)  patronizing a [prostitute] PERSON FOR
   24  PROSTITUTION in the first degree as defined in  section  230.06  of  the
   25  penal  law, AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE FIRST
   26  DEGREE AS DEFINED IN SECTION 230.13 OF THE PENAL LAW, AGGRAVATED PATRON-
   27  IZING A MINOR FOR PROSTITUTION  IN  THE  SECOND  DEGREE  AS  DEFINED  IN
   28  SECTION  230.12  OF  THE  PENAL  LAW, AGGRAVATED PATRONIZING A MINOR FOR
   29  PROSTITUTION IN THE THIRD DEGREE AS DEFINED IN  SECTION  230.11  OF  THE
   30  PENAL  LAW,  incest in the second degree as defined in section 255.26 of
   31  the penal law, or incest in the  first  degree  as  defined  in  section
   32  255.27  of  the  penal law; (3) a felony attempt or conspiracy to commit
   33  any of the foregoing offenses set forth in this subdivision;  or  (4)  a
   34  designated  felony,  as  defined  in subdivision (f) of this section, if
   35  sexually motivated and committed prior to the  effective  date  of  this
   36  article.
   37    S  34.  Subparagraph  (i) of paragraph (a) of subdivision 2 of section
   38  168-a of the correction law, as amended by chapter 405 of  the  laws  of
   39  2008, is amended to read as follows:
   40    (i)  a  conviction  of or a conviction for an attempt to commit any of
   41  the provisions of  sections  120.70,  130.20,  130.25,  130.30,  130.40,
   42  130.45, 130.60, 230.34, 250.50, 255.25, 255.26 and 255.27 or article two
   43  hundred  sixty-three of the penal law, or section 135.05, 135.10, 135.20
   44  or 135.25 of such law relating  to  kidnapping  offenses,  provided  the
   45  victim  of  such  kidnapping  or  related offense is less than seventeen
   46  years old and the offender is not the parent of the victim,  or  section
   47  230.04, where the person patronized is in fact less than seventeen years
   48  of  age,  230.05  [or], 230.06, [or] 230.11, 230.12, 230.13, subdivision
   49  two of section 230.30, [or] section 230.32 [or], 230.33,  OR  230.34  of
   50  the penal law, OR SECTION 230.25 OF THE PENAL LAW WHERE THE PERSON PROS-
   51  TITUTED IS IN FACT LESS THAN SEVENTEEN YEARS OLD, or
   52    S  35.  Paragraph  (b)  of  subdivision  1  of  section  168-d  of the
   53  correction law, as amended by chapter 74 of the laws of 2007, is amended
   54  to read as follows:
   55    (b) Where a defendant stands convicted of an offense defined in  para-
   56  graph  (b)  of  subdivision  two of section one hundred sixty-eight-a of
       S. 5879                            14
    1  this article or where the  defendant  was  convicted  of  patronizing  a
    2  [prostitute]  PERSON  FOR PROSTITUTION in the third degree under section
    3  230.04 of the penal law and the defendant controverts an allegation that
    4  the  victim  of  such offense was less than eighteen years of age or, in
    5  the case of a conviction under section 230.04 of  the  penal  law,  less
    6  than  seventeen years of age, the court, without a jury, shall, prior to
    7  sentencing, conduct a hearing, and the people may  prove  by  clear  and
    8  convincing  evidence  that  the  victim was less than eighteen years [of
    9  age] OLD or less than seventeen years [of age] OLD,  as  applicable,  by
   10  any  evidence  admissible  under  the rules applicable to a trial of the
   11  issue of guilt. The court in addition to such  admissible  evidence  may
   12  also  consider  reliable  hearsay  evidence  submitted  by  either party
   13  provided that it is relevant to the determination  of  the  age  of  the
   14  victim. Facts concerning the age of the victim proven at trial or ascer-
   15  tained  at  the time of entry of a plea of guilty shall be deemed estab-
   16  lished by clear and convincing evidence and shall not be relitigated. At
   17  the conclusion of the hearing, or if the defendant does  not  controvert
   18  an  allegation  that  the  victim  of the offense was less than eighteen
   19  years [of age] OLD or less than seventeen years [of age] OLD, as  appli-
   20  cable,  the  court  must make a finding and enter an order setting forth
   21  the age of the victim. If the  court  finds  that  the  victim  of  such
   22  offense  was  under eighteen years [of age] OLD or under seventeen years
   23  [of age] OLD, as applicable, the court shall certify the defendant as  a
   24  sex  offender, the provisions of paragraph (a) of this subdivision shall
   25  apply and the defendant shall register with the division  in  accordance
   26  with the provisions of this article.
   27    S  36. Paragraph (c) of subdivision 4 of section 509-cc of the vehicle
   28  and traffic law, as amended by chapter 400  of  the  laws  of  2011,  is
   29  amended to read as follows:
   30    (c)  The  offenses referred to in subparagraph (i) of paragraph (b) of
   31  subdivision one and subparagraph (i) of paragraph (c) of subdivision two
   32  of this section that result in disqualification for  a  period  of  five
   33  years  shall include a conviction under sections 100.10, 105.13, 115.05,
   34  120.03,  120.04,  120.04-a,  120.05,  120.10,  120.25,  121.12,  121.13,
   35  125.40,  125.45, 130.20, 130.25, 130.52, 130.55, 135.10, 135.55, 140.17,
   36  140.25, 140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06,  220.09,
   37  220.16,  220.31, 220.34, 220.60, 220.65, 221.30, 221.50, 221.55, 230.00,
   38  230.05, 230.06, 230.11, 230.12, 230.13, 230.19, 230.20, 235.05,  235.06,
   39  235.07,  235.21,  240.06,  245.00,  260.10,  subdivision  two of section
   40  260.20 and sections 260.25,  265.02,  265.03,  265.08,  265.09,  265.10,
   41  265.12, 265.35 of the penal law or an attempt to commit any of the afor-
   42  esaid  offenses  under  section  110.00 of the penal law, or any similar
   43  offenses committed under a former section  of  the  penal  law,  or  any
   44  offenses  committed  under a former section of the penal law which would
   45  constitute violations of the aforesaid sections of the penal law, or any
   46  offenses committed outside this state which would constitute  violations
   47  of the aforesaid sections of the penal law.
   48    S 36-a. The vehicle and traffic law is amended by adding a new section
   49  510-d to read as follows:
   50    S  510-D. SUSPENSION AND REVOCATION OF CLASS E DRIVER'S LICENSES. 1. A
   51  CLASS E DRIVER'S LICENSE SHALL BE SUSPENDED BY THE  COMMISSIONER  FOR  A
   52  PERIOD  OF  ONE  YEAR  WHERE  THE  HOLDER IS CONVICTED OF A VIOLATION OF
   53  SECTION 230.20, 230.25, 230.30, 230.32, 230.34 OR 230.40  OF  THE  PENAL
   54  LAW AND THE HOLDER USED A FOR HIRE MOTOR VEHICLE TO COMMIT SUCH CRIME.
   55    2.  A CLASS E DRIVER'S LICENSE MAY BE REVOKED BY THE COMMISSIONER WHEN
   56  THE HOLDER, WHO HAD HIS OR HER DRIVER'S LICENSE SUSPENDED UNDER SUBDIVI-
       S. 5879                            15
    1  SION ONE OF THIS SECTION WITHIN THE LAST TEN YEARS, IS  CONVICTED  OF  A
    2  SECOND  VIOLATION  OF  SECTION 230.20, 230.25, 230.30, 230.32, 230.34 OR
    3  230.40 OF THE PENAL LAW AND THE HOLDER USED A FOR HIRE MOTOR VEHICLE  TO
    4  COMMIT SUCH CRIME.
    5    3.  ANY  REVOCATION OR SUSPENSION OF A CLASS E DRIVER'S LICENSE ISSUED
    6  PURSUANT TO THIS ARTICLE SHALL BE APPLICABLE ONLY TO THAT PORTION OF THE
    7  HOLDER'S DRIVER'S LICENSE OR PRIVILEGE WHICH PERMITS THE OPERATION OF  A
    8  MOTOR  VEHICLE  TRANSPORTING  PASSENGERS  FOR HIRE, AND THE COMMISSIONER
    9  SHALL IMMEDIATELY ISSUE  A  LICENSE,  OTHER  THAN  A  CLASS  E  DRIVER'S
   10  LICENSE, TO SUCH PERSON, PROVIDED THAT SUCH PERSON IS OTHERWISE ELIGIBLE
   11  TO  RECEIVE  SUCH LICENSE AND FURTHER PROVIDED THAT ISSUING A LICENSE TO
   12  SUCH PERSON DOES NOT CREATE A SUBSTANTIAL TRAFFIC SAFETY HAZARD.
   13    4. THE PROVISIONS OF THIS SECTION SHALL NOT BE  CONSTRUED  TO  PREVENT
   14  ANY PERSON WHO HAS THE AUTHORITY TO SUSPEND OR REVOKE A LICENSE TO DRIVE
   15  OR  PRIVILEGE  OF OPERATING PURSUANT TO SECTION FIVE HUNDRED TEN OF THIS
   16  ARTICLE FROM EXERCISING ANY SUCH AUTHORITY.
   17    S 37. Section 2324-a of the public health law, as amended  by  chapter
   18  260 of the laws of 1978, is amended to read as follows:
   19    S  2324-a.  Presumptive evidence.  For the purposes of this title, two
   20  or more convictions of any person or persons had, within a period of one
   21  year, for any of the  offenses  described  in  section  230.00,  230.05,
   22  230.06,  230.08,  230.11, 230.12, 230.13, 230.20, 230.25 [or], 230.30 OR
   23  230.32 of the penal law arising out of conduct engaged in  at  the  same
   24  real property consisting of a dwelling as that term is defined in subdi-
   25  vision  four  of  section  four  of  the  multiple dwelling law shall be
   26  presumptive evidence of conduct constituting use  of  the  premises  for
   27  purposes of prostitution.
   28    S  38.  Subdivision  2 of section 715 of the real property actions and
   29  proceedings law, as added by chapter 494 of the laws of 1976, is amended
   30  to read as follows:
   31    2. For purposes of this section, two or more convictions of any person
   32  or persons had, within a period of one year, for  any  of  the  offenses
   33  described  in  section  230.00,  230.05, 230.06, 230.11, 230.12, 230.13,
   34  230.20, 230.25, 230.30, 230.32 or 230.40 of the penal law arising out of
   35  conduct engaged in at the same real property consisting of a dwelling as
   36  that term is defined in subdivision four of section four of the multiple
   37  dwelling law shall be presumptive evidence of conduct  constituting  use
   38  of the premises for purposes of prostitution.
   39    S  39.  Subdivision  3  of  section  231  of the real property law, as
   40  amended by chapter 203 of the laws  of  1980,  is  amended  to  read  as
   41  follows:
   42    3.  For  the  purposes of this section, two or more convictions of any
   43  person or persons had, within a period of  one  year,  for  any  of  the
   44  offenses  described  in  section 230.00, 230.05, 230.06, 230.11, 230.12,
   45  230.13, 230.20, 230.25, 230.30, 230.32 or 230.40 of the penal law  aris-
   46  ing  out  of  conduct  engaged  in  at the same premises consisting of a
   47  dwelling as that term is defined in subdivision four of section four  of
   48  the  multiple dwelling law shall be presumptive evidence of unlawful use
   49  of such premises and of the owners knowledge of the same.
   50    S 40. Subdivision 3 of section 840 of the executive law is amended  by
   51  adding a new paragraph (f-1) to read as follows:
   52    (F-1)  DEVELOP,  MAINTAIN  AND  DISSEMINATE,  IN CONSULTATION WITH THE
   53  OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE AND THE DIVISION OF CRIMI-
   54  NAL JUSTICE SERVICES, WRITTEN POLICIES AND  PROCEDURES  REGARDING  HUMAN
   55  TRAFFICKING VICTIMS. SUCH POLICIES AND PROCEDURES SHALL INCLUDE, BUT NOT
   56  BE LIMITED TO THE FOLLOWING: (1) THE IDENTIFICATION OF POTENTIAL VICTIMS
       S. 5879                            16
    1  OF   HUMAN   TRAFFICKING,   AS   DEFINED   UNDER  SECTION  FOUR  HUNDRED
    2  EIGHTY-THREE-AA OF THE SOCIAL SERVICES LAW; AND (2)  INFORMATION  AND/OR
    3  REFERRAL  TO  APPROPRIATE SOCIAL AND LEGAL SERVICES FOR VICTIMS OF HUMAN
    4  TRAFFICKING  IN  ACCORDANCE WITH SECTION FOUR HUNDRED EIGHTY-THREE-BB OF
    5  THE SOCIAL SERVICES LAW;
    6    S 41. The executive law is amended by adding a new  section  214-d  to
    7  read as follows:
    8    S 214-D. HUMAN TRAFFICKING AWARENESS. THE SUPERINTENDENT, IN CONSULTA-
    9  TION  WITH  THE  OFFICE  OF  TEMPORARY AND DISABILITY ASSISTANCE AND THE
   10  DIVISION OF CRIMINAL JUSTICE SERVICES, SHALL: (1) DEVELOP, MAINTAIN  AND
   11  DISSEMINATE TO ALL MEMBERS OF THE STATE POLICE, INCLUDING NEW AND VETER-
   12  AN  OFFICERS,  WRITTEN  POLICIES,  PROCEDURES  AND EDUCATIONAL MATERIALS
   13  RELATING TO HUMAN TRAFFICKING VICTIMS, INCLUDING SERVICES AVAILABLE  FOR
   14  VICTIMS  OF  HUMAN  TRAFFICKING,  AS  REFERENCED IN SECTION FOUR HUNDRED
   15  EIGHTY-THREE-BB OF THE SOCIAL SERVICES LAW; AND (2) ESTABLISH AND IMPLE-
   16  MENT WRITTEN PROCEDURES AND POLICIES IN THE EVENT A MEMBER OF THE  DIVI-
   17  SION OF STATE POLICE ENCOUNTERS AN INDIVIDUAL BELIEVED TO BE A VICTIM OF
   18  HUMAN  TRAFFICKING,  WHICH  SHALL  INCLUDE,  BUT  NOT BE LIMITED TO, THE
   19  PROVISION OF INFORMATION AND/OR REFERRAL TO AN APPROPRIATE  PROVIDER  OF
   20  SOCIAL  AND  LEGAL  SERVICES TO HUMAN TRAFFICKING VICTIMS, IN ACCORDANCE
   21  WITH SUCH SECTION FOUR HUNDRED EIGHTY-THREE-BB.
   22    S 42. Severability clause. If any clause, sentence, paragraph,  subdi-
   23  vision,  section  or  part  of  this act shall be adjudged by a court of
   24  competent jurisdiction to be invalid, such judgment  shall  not  affect,
   25  impair or invalidate the remainder thereof, but shall be confined in its
   26  operation  to  the  clause, sentence, paragraph, subdivision, section or
   27  part thereof directly involved in the controversy in which such judgment
   28  shall have been rendered. It is hereby declared to be the intent of  the
   29  legislature  that  this act would have been enacted even if such invalid
   30  provisions had not been included herein.
   31    S 43. This act shall take effect on the ninetieth day after  it  shall
   32  have become a law.