S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        2240--A
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  M. of A. PAULIN, DINOWITZ, SCARBOROUGH, ROSENTHAL, COOK,
         LAVINE,  ZEBROWSKI,  ABBATE,  CUSICK,  ENGLEBRIGHT,   GALEF,   GIBSON,
         GUNTHER,  JAFFEE,  MAGNARELLI, MARKEY, MILLMAN, MOYA, ROBERTS, WEISEN-
         BERG, MAISEL, SEPULVEDA, ESPINAL, STIRPE, KEARNS -- Multi-Sponsored by
         -- M. of A.  BOYLAND, COLTON, FAHY, JACOBS, SWEENEY,  THIELE  --  read
         once  and  referred to the Committee on Codes -- committee discharged,
         bill amended, ordered reprinted as amended  and  recommitted  to  said
         committee
       AN  ACT  to  amend the penal law, the criminal procedure law, the social
         services law, the mental hygiene law, the correction law, the  vehicle
         and  traffic law, the public health law, the real property actions and
         proceedings law and the real property law, in relation to prostitution
         offenses
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.   Short title. This act shall be known and may be cited as
    2  the "trafficking victims protection and justice act".
    3    S 2. Section 60.13 of the penal law, as added by chapter 7 of the laws
    4  of 2007, is amended to read as follows:
    5  S 60.13 Authorized dispositions; felony sex offenses.
    6    When a person is to be sentenced upon  a  conviction  for  any  felony
    7  defined in article one hundred thirty of this chapter, including a sexu-
    8  ally  motivated felony, or patronizing a [prostitute] PERSON FOR PROSTI-
    9  TUTION in the first degree as defined in section 230.06 of this chapter,
   10  AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE THIRD  DEGREE  AS
   11  DEFINED  IN  SECTION  230.11  OF  THIS CHAPTER, AGGRAVATED PATRONIZING A
   12  MINOR FOR PROSTITUTION IN THE SECOND DEGREE AS DEFINED IN SECTION 230.12
   13  OF THIS CHAPTER, AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN  THE
   14  FIRST DEGREE AS DEFINED IN SECTION 230.13 OF THIS CHAPTER, incest in the
   15  second degree as defined in section 255.26 of this chapter, or incest in
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03210-14-3
       A. 2240--A                          2
    1  the  first  degree  as  defined  in section 255.27 of this chapter, or a
    2  felony attempt or conspiracy to commit any of these  crimes,  the  court
    3  must sentence the defendant in accordance with the provisions of section
    4  70.80 of this title.
    5    S 3. Paragraph (a) of subdivision 1 of section 70.02 of the penal law,
    6  as  amended  by  chapter  320 of the laws of 2006, is amended to read as
    7  follows:
    8    (a) Class B violent felony offenses: an attempt to  commit  the  class
    9  A-I  felonies  of  murder  in  the  second  degree as defined in section
   10  125.25, kidnapping in the first degree as defined in section 135.25, and
   11  arson in the first degree as defined in section 150.20; manslaughter  in
   12  the  first  degree as defined in section 125.20, aggravated manslaughter
   13  in the first degree as defined in section  125.22,  rape  in  the  first
   14  degree  as  defined  in section 130.35, criminal sexual act in the first
   15  degree as defined in section 130.50,  aggravated  sexual  abuse  in  the
   16  first  degree  as  defined  in  section 130.70, course of sexual conduct
   17  against a child in the  first  degree  as  defined  in  section  130.75;
   18  assault  in the first degree as defined in section 120.10, kidnapping in
   19  the second degree as defined in section 135.20, burglary  in  the  first
   20  degree  as  defined  in  section  140.30,  arson in the second degree as
   21  defined in section 150.15, robbery in the first  degree  as  defined  in
   22  section  160.15, SEX TRAFFICKING AS DEFINED IN SECTION 230.34, incest in
   23  the first degree as defined in section 255.27, criminal possession of  a
   24  weapon in the first degree as defined in section 265.04, criminal use of
   25  a  firearm  in  the  first degree as defined in section 265.09, criminal
   26  sale of a firearm in the first degree  as  defined  in  section  265.13,
   27  aggravated  assault  upon a police officer or a peace officer as defined
   28  in section 120.11, gang assault  in  the  first  degree  as  defined  in
   29  section  120.07, intimidating a victim or witness in the first degree as
   30  defined in section 215.17, hindering prosecution  of  terrorism  in  the
   31  first  degree  as  defined  in  section 490.35, criminal possession of a
   32  chemical weapon or biological weapon in the second degree as defined  in
   33  section  490.40,  and  criminal  use  of a chemical weapon or biological
   34  weapon in the third degree as defined in section 490.47.
   35    S 4. Paragraph (a) of subdivision 1 of section 70.80 of the penal law,
   36  as added by chapter 7 of the  laws  of  2007,  is  amended  to  read  as
   37  follows:
   38    (a)  For  the purposes of this section, a "felony sex offense" means a
   39  conviction of any felony defined in article one hundred thirty  of  this
   40  chapter,  including a sexually motivated felony, or patronizing a [pros-
   41  titute] PERSON FOR PROSTITUTION  in  the  first  degree  as  defined  in
   42  section 230.06 of this chapter, PATRONIZING A PERSON FOR PROSTITUTION IN
   43  THE  SECOND  DEGREE AS DEFINED IN SECTION 230.05 OF THIS CHAPTER, AGGRA-
   44  VATED PATRONIZING A MINOR  FOR  PROSTITUTION  IN  THE  THIRD  DEGREE  AS
   45  DEFINED  IN  SECTION  230.11  OF  THIS CHAPTER, AGGRAVATED PATRONIZING A
   46  MINOR FOR PROSTITUTION IN THE SECOND DEGREE AS DEFINED IN SECTION 230.12
   47  OF THIS CHAPTER, AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN  THE
   48  FIRST DEGREE AS DEFINED IN SECTION 230.13 OF THIS CHAPTER, incest in the
   49  second degree as defined in section 255.26 of this chapter, or incest in
   50  the  first  degree  as  defined  in section 255.27 of this chapter, or a
   51  felony attempt or conspiracy to commit any of the above.
   52    S 5.  The closing paragraph of section 135.35 of  the  penal  law,  as
   53  added by chapter 74 of the laws of 2007, is amended to read as follows:
   54    Labor trafficking is a class [D] B felony.
   55    S  6.  The penal law is amended by adding a new section 230.01 to read
   56  as follows:
       A. 2240--A                          3
    1  S 230.01 PROSTITUTION; DEFENSE.
    2    IN  ANY PROSECUTION UNDER SECTION 230.00 OR SUBDIVISION TWO OF SECTION
    3  240.37 OF THIS PART, IT IS AN AFFIRMATIVE DEFENSE THAT  THE  DEFENDANT'S
    4  PARTICIPATION IN THE OFFENSE WAS A RESULT OF BEING A VICTIM OF SEX TRAF-
    5  FICKING  UNDER SECTION 230.34 OF THIS ARTICLE OR A VICTIM OF TRAFFICKING
    6  IN PERSONS UNDER THE TRAFFICKING VICTIMS PROTECTION ACT  (UNITED  STATES
    7  CODE, TITLE 22, CHAPTER 78).
    8    S  7.  The  section heading and subdivision 1 of section 230.02 of the
    9  penal law, as amended by chapter 627 of the laws of 1978, are amended to
   10  read as follows:
   11  Patronizing a [prostitute] PERSON FOR PROSTITUTION; definitions.
   12    1. A person patronizes a [prostitute] PERSON FOR PROSTITUTION when:
   13    (a) Pursuant to a prior understanding, he OR SHE pays a fee to another
   14  person as compensation for such person or a third person having  engaged
   15  in sexual conduct with him OR HER; or
   16    (b)  He  OR SHE pays or agrees to pay a fee to another person pursuant
   17  to an understanding that in return  therefor  such  person  or  a  third
   18  person will engage in sexual conduct with him OR HER; or
   19    (c)  He OR SHE solicits or requests another person to engage in sexual
   20  conduct with him OR HER in return for a fee.
   21    S 8. Subdivision 2 of section 230.03 of the penal  law,  as  added  by
   22  chapter 191 of the laws of 2011, is amended to read as follows:
   23    2. For the purposes of this section, SECTION 230.08 and section 230.19
   24  of  this  article, "school zone" means (a) in or on or within any build-
   25  ing, structure, athletic playing field,  playground  or  land  contained
   26  within  the real property boundary line of a public or private elementa-
   27  ry, parochial, intermediate, junior high, vocational, or high school, or
   28  (b) any public  sidewalk,  street,  parking  lot,  park,  playground  or
   29  private  land, located immediately adjacent to the boundary line of such
   30  school.
   31    S 9. The penal law is amended by adding a new section 230.08  to  read
   32  as follows:
   33  S 230.08 PATRONIZING A PERSON FOR PROSTITUTION IN A SCHOOL ZONE.
   34    1.  A  PERSON  IS GUILTY OF PATRONIZING A PERSON FOR PROSTITUTION IN A
   35  SCHOOL ZONE WHEN HE OR SHE COMMITS THE CRIME OF PATRONIZING A PERSON FOR
   36  PROSTITUTION IN VIOLATION OF SECTION 230.04, 230.05, OR 230.06  OF  THIS
   37  ARTICLE IN A SCHOOL ZONE DURING THE HOURS THAT SCHOOL IS IN SESSION.
   38    2.  FOR  PURPOSES  OF  THIS  SECTION, "SCHOOL ZONE" SHALL MEAN "SCHOOL
   39  ZONE" AS DEFINED IN SUBDIVISION TWO OF SECTION 230.03 OF THIS ARTICLE.
   40    PATRONIZING A PERSON FOR PROSTITUTION IN A SCHOOL ZONE IS  A  CLASS  E
   41  FELONY.
   42    S 10. Section 230.04 of the penal law, as amended by chapter 74 of the
   43  laws of 2007, is amended to read as follows:
   44  S 230.04 Patronizing a [prostitute] PERSON FOR PROSTITUTION in the third
   45             degree.
   46    A  person is guilty of patronizing a [prostitute] PERSON FOR PROSTITU-
   47  TION in the third degree when he or she patronizes a [prostitute] PERSON
   48  FOR PROSTITUTION.
   49    Patronizing a [prostitute] PERSON FOR PROSTITUTION in the third degree
   50  is a class A misdemeanor.
   51    S 11. Section 230.05 of the penal law, as added by chapter 627 of  the
   52  laws of 1978, is amended to read as follows:
   53  S  230.05  Patronizing  a  [prostitute]  PERSON  FOR PROSTITUTION in the
   54             second degree.
   55    A person is guilty of patronizing a [prostitute] PERSON FOR  PROSTITU-
   56  TION in the second degree when, being [over] eighteen years [of age] OLD
       A. 2240--A                          4
    1  OR MORE, he OR SHE patronizes a [prostitute] PERSON FOR PROSTITUTION and
    2  the  person  patronized  is  less than [fourteen] FIFTEEN years [of age]
    3  OLD.
    4    Patronizing  a  [prostitute]  PERSON  FOR  PROSTITUTION  in the second
    5  degree is a class E felony.
    6    S 12. Section 230.06 of the penal law, as added by chapter 627 of  the
    7  laws of 1978, is amended to read as follows:
    8  S 230.06 Patronizing a [prostitute] PERSON FOR PROSTITUTION in the first
    9             degree.
   10    A  person is guilty of patronizing a [prostitute] PERSON FOR PROSTITU-
   11  TION in the first degree when [he]:
   12    1. HE OR SHE patronizes a [prostitute] PERSON FOR PROSTITUTION and the
   13  person patronized is less than eleven years [of age] OLD; OR
   14    2. BEING EIGHTEEN YEARS OLD OR MORE, HE OR SHE PATRONIZES A PERSON FOR
   15  PROSTITUTION AND THE PERSON PATRONIZED IS LESS THAN THIRTEEN YEARS OLD.
   16    Patronizing a [prostitute] PERSON FOR PROSTITUTION in the first degree
   17  is a class D felony.
   18    S 13. The section heading and the opening paragraph of section  230.10
   19  of the penal law are amended to read as follows:
   20  Prostitution  and patronizing a [prostitute] PERSON FOR PROSTITUTION; no
   21             defense.
   22    In any prosecution for  prostitution  or  patronizing  a  [prostitute]
   23  PERSON  FOR  PROSTITUTION,  the  sex  of  the two parties or prospective
   24  parties to the sexual conduct engaged in, contemplated or  solicited  is
   25  immaterial, and it is no defense that:
   26    S  14.  The  penal law is amended by adding three new sections 230.11,
   27  230.12 and 230.13 to read as follows:
   28  S 230.11 AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION  IN  THE  THIRD
   29             DEGREE.
   30    A  PERSON IS GUILTY OF AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION
   31  IN THE THIRD DEGREE WHEN, BEING TWENTY-ONE YEARS OLD OR MORE, HE OR  SHE
   32  PATRONIZES  A  PERSON FOR PROSTITUTION AND THE PERSON PATRONIZED IS LESS
   33  THAN SEVENTEEN YEARS OLD AND THE PERSON GUILTY OF PATRONIZING ENGAGES IN
   34  SEXUAL INTERCOURSE, ORAL SEXUAL CONDUCT, ANAL SEXUAL CONDUCT, OR  AGGRA-
   35  VATED SEXUAL CONDUCT.
   36    AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE THIRD DEGREE IS
   37  A CLASS E FELONY.
   38  S 230.12 AGGRAVATED  PATRONIZING  A MINOR FOR PROSTITUTION IN THE SECOND
   39             DEGREE.
   40    A PERSON IS GUILTY OF AGGRAVATED PATRONIZING A MINOR FOR  PROSTITUTION
   41  IN  THE  SECOND DEGREE WHEN, BEING EIGHTEEN YEARS OLD OR MORE, HE OR SHE
   42  PATRONIZES A PERSON FOR PROSTITUTION AND THE PERSON PATRONIZED  IS  LESS
   43  THAN  FIFTEEN  YEARS OLD AND THE PERSON GUILTY OF PATRONIZING ENGAGES IN
   44  SEXUAL INTERCOURSE, ORAL SEXUAL CONDUCT, ANAL SEXUAL CONDUCT, OR  AGGRA-
   45  VATED SEXUAL CONDUCT.
   46    AGGRAVATED  PATRONIZING  A MINOR FOR PROSTITUTION IN THE SECOND DEGREE
   47  IS A CLASS D FELONY.
   48  S 230.13 AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION  IN  THE  FIRST
   49             DEGREE.
   50    A  PERSON IS GUILTY OF AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION
   51  IN THE FIRST DEGREE WHEN HE OR SHE PATRONIZES A PERSON FOR  PROSTITUTION
   52  AND  THE PERSON PATRONIZED IS LESS THAN ELEVEN YEARS OLD, OR BEING EIGH-
   53  TEEN YEARS OLD OR MORE, HE OR SHE PATRONIZES A PERSON  FOR  PROSTITUTION
   54  AND  THE  PERSON  PATRONIZED  IS  LESS  THAN THIRTEEN YEARS OLD, AND THE
   55  PERSON GUILTY OF PATRONIZING ENGAGES IN SEXUAL INTERCOURSE, ORAL  SEXUAL
   56  CONDUCT, ANAL SEXUAL CONDUCT, OR AGGRAVATED SEXUAL CONDUCT.
       A. 2240--A                          5
    1    AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE FIRST DEGREE IS
    2  A CLASS B FELONY.
    3    S  15.  Subdivisions  1  and  2 of section 230.15 of the penal law are
    4  amended to read as follows:
    5    1. "Advance prostitution."  A  person  "advances  prostitution"  when,
    6  acting  other  than  as  a  [prostitute]  PERSON IN PROSTITUTION or as a
    7  patron thereof, he OR SHE knowingly causes or aids a person to commit or
    8  engage in prostitution, procures or solicits patrons  for  prostitution,
    9  provides  persons  or  premises  for  prostitution purposes, operates or
   10  assists in the operation of a house of prostitution  or  a  prostitution
   11  enterprise,  or  engages in any other conduct designed to institute, aid
   12  or facilitate an act or enterprise of prostitution.
   13    2. "Profit from prostitution." A person  "profits  from  prostitution"
   14  when, acting other than as a [prostitute] PERSON IN PROSTITUTION receiv-
   15  ing  compensation  for  personally rendered prostitution services, he OR
   16  SHE accepts or receives money or other property pursuant to an agreement
   17  or understanding with any person whereby he OR SHE participates or is to
   18  participate in the proceeds of prostitution activity.
   19    S 16. Subdivision 1 of section 230.19 of the penal law,  as  added  by
   20  chapter 191 of the laws of 2011, is amended to read as follows:
   21    1. A person is guilty of promoting prostitution in a school zone when,
   22  being  nineteen  years [of age] OLD or [older] MORE, he or she knowingly
   23  advances or profits from prostitution [that he or she knows  or  reason-
   24  ably  should know is or will be committed in violation of section 230.03
   25  of this article] in a school zone during the hours  that  school  is  in
   26  session.
   27    S 17. The opening paragraph and subdivisions 1 and 2 of section 230.25
   28  of  the penal law, the opening paragraph and subdivision 2 as amended by
   29  chapter 627 of the laws of 1978 and subdivision 1 as amended by  chapter
   30  74 of the laws of 2007, are amended to read as follows:
   31    A  person is guilty of promoting prostitution in the third degree when
   32  he OR SHE knowingly:
   33    1. Advances or profits from  prostitution  by  managing,  supervising,
   34  controlling  or  owning,  either  alone or in association with others, a
   35  house of prostitution or a prostitution business or enterprise involving
   36  prostitution activity by two or more [prostitutes] PERSONS IN  PROSTITU-
   37  TION, or a business that sells travel-related services knowing that such
   38  services include or are intended to facilitate travel for the purpose of
   39  patronizing  a  [prostitute]  PERSON  FOR  PROSTITUTION,  including to a
   40  foreign jurisdiction and regardless of the legality of  prostitution  in
   41  said foreign jurisdiction; or
   42    2.  PROFITS  FROM PROSTITUTION BY ENGAGING, EITHER ALONE OR IN ASSOCI-
   43  ATION WITH OTHERS, IN A BUSINESS OR ENTERPRISE CONSISTING OF THE  TRANS-
   44  PORTING OF A PERSON OR PERSONS FOR THE PURPOSES OF PROSTITUTION; OR
   45    3.  Advances  or profits from prostitution of a person less than nine-
   46  teen years old.
   47    S 18. The opening paragraph of section 230.30 of  the  penal  law,  as
   48  amended  by  chapter  627  of  the  laws  of 1978, is amended to read as
   49  follows:
   50    A person is guilty of promoting prostitution in the second degree when
   51  he OR SHE knowingly:
   52    S 19. The first undesignated paragraph of section 230.32 of the  penal
   53  law,  as added by chapter 627 of the laws of 1978, is amended to read as
   54  follows:
       A. 2240--A                          6
    1    A person is guilty of promoting prostitution in the first degree  when
    2  he  OR  SHE  knowingly advances or profits from prostitution of a person
    3  less than [eleven] THIRTEEN years old.
    4    S  20. Section 230.33 of the penal law, as added by chapter 450 of the
    5  laws of 2005, is amended to read as follows:
    6  S 230.33 Compelling prostitution.
    7    A person is guilty of compelling prostitution when,  being  twenty-one
    8  years  [of age or older] OLD OR MORE, he or she knowingly advances pros-
    9  titution by compelling a person less than [sixteen] EIGHTEEN years  old,
   10  by force or intimidation, to engage in prostitution.
   11    Compelling prostitution is a class B felony.
   12    S  21.  Subdivision  1  and  paragraph (h) of subdivision 5 of section
   13  230.34 of the penal law, as added by chapter 74 of the laws of 2007, are
   14  amended and a new subdivision 6 is added to read as follows:
   15    1. unlawfully providing to a person who is patronized, with intent  to
   16  impair  said person's judgment: (a) a narcotic drug or a narcotic prepa-
   17  ration; (b) concentrated cannabis as defined in paragraph (a) of  subdi-
   18  vision  four  of  section  thirty-three hundred two of the public health
   19  law; (c) methadone; [or] (d) gamma-hydroxybutyrate (GHB) or flunitrazep-
   20  an, also known as Rohypnol; OR (E) METHYLENEDIOXYMETHAMPHETAMINE (MDMA),
   21  ALSO KNOWN AS ECSTASY;
   22    (h) perform any other act which would not in itself materially benefit
   23  the actor but which is calculated to harm the person who  is  patronized
   24  materially  with  respect  to  his or her health, safety, or immigration
   25  status[.]; OR
   26    6. KNOWINGLY ADVANCING PROSTITUTION OF A  PERSON  LESS  THAN  EIGHTEEN
   27  YEARS OLD.
   28    S  22.  Section  230.35 of the penal law, as amended by chapter 450 of
   29  the laws of 2005, is amended to read as follows:
   30  S 230.35 Promoting or compelling prostitution; accomplice.
   31    In a prosecution for promoting prostitution  or  compelling  prostitu-
   32  tion,  a  person  less than [seventeen] EIGHTEEN years [of age] OLD from
   33  whose prostitution activity another person is alleged to  have  advanced
   34  or  attempted to advance or profited or attempted to profit shall not be
   35  deemed to be an accomplice.
   36    S 23. The first undesignated paragraph of section 230.40 of the  penal
   37  law is amended to read as follows:
   38    A  person is guilty of permitting prostitution when, having possession
   39  or control of premises OR VEHICLE which he OR SHE knows are  being  used
   40  for  prostitution purposes OR FOR THE PURPOSE OF ADVANCING PROSTITUTION,
   41  he OR SHE fails to make reasonable effort to halt or abate such use.
   42    S 24. Subdivision 2 of section 240.37 of the penal law,  as  added  by
   43  chapter 344 of the laws of 1976, is amended, subdivision 3 is renumbered
   44  subdivision 4 and a new subdivision 3 is added to read as follows:
   45    2.  Any  person  who  remains  or  wanders about in a public place and
   46  repeatedly beckons to, or repeatedly stops, or  repeatedly  attempts  to
   47  stop,  or  repeatedly  attempts to engage passers-by in conversation, or
   48  repeatedly stops or attempts  to  stop  motor  vehicles,  or  repeatedly
   49  interferes  with  the  free passage of other persons, for the purpose of
   50  prostitution[, or of patronizing a prostitute as  those  terms  are]  AS
   51  THAT  TERM  IS  defined in article two hundred thirty of [the penal law]
   52  THIS PART, shall be guilty of a violation and is guilty  of  a  class  B
   53  misdemeanor  if such person has previously been convicted of a violation
   54  of this section or of [sections] SECTION  230.00  [or  230.05]  of  [the
   55  penal law] THIS PART.
       A. 2240--A                          7
    1    3.  ANY  PERSON  WHO  REMAINS  OR  WANDERS ABOUT IN A PUBLIC PLACE AND
    2  REPEATEDLY BECKONS TO, OR REPEATEDLY STOPS, OR  REPEATEDLY  ATTEMPTS  TO
    3  STOP,  OR  REPEATEDLY  ATTEMPTS TO ENGAGE PASSERS-BY IN CONVERSATION, OR
    4  REPEATEDLY STOPS OR ATTEMPTS  TO  STOP  MOTOR  VEHICLES,  OR  REPEATEDLY
    5  INTERFERES  WITH  THE  FREE PASSAGE OF OTHER PERSONS, FOR THE PURPOSE OF
    6  PATRONIZING A PERSON FOR PROSTITUTION AS DEFINED IN  SECTION  230.02  OF
    7  THIS  PART,  SHALL  BE  GUILTY OF A VIOLATION AND IS GUILTY OF A CLASS B
    8  MISDEMEANOR IF SUCH PERSON HAS PREVIOUSLY BEEN CONVICTED OF A  VIOLATION
    9  OF  THIS  SECTION OR OF SECTION 230.04, 230.05, 230.06 OR 230.08 OF THIS
   10  PART.
   11    S 25. Subdivision 6 of section 380.50 of the criminal  procedure  law,
   12  as  amended  by  chapter  320 of the laws of 2006, is amended to read as
   13  follows:
   14    6. Regardless of whether the victim requests to make a statement  with
   15  regard to the defendant's sentence, where the defendant is sentenced for
   16  a violent felony offense as defined in section 70.02 of the penal law or
   17  a  felony  defined in article one hundred twenty-five of such law or any
   18  of the following  provisions  of  such  law:  sections  130.25,  130.30,
   19  130.40, 130.45, 255.25, 255.26, 255.27, article two hundred sixty-three,
   20  135.10,  135.25, 230.04, 230.05, 230.06, 230.08, 230.11, 230.12, 230.13,
   21  subdivision two of section 230.30 or 230.32, the prosecutor shall, with-
   22  in sixty days of the imposition of sentence, provide the victim  with  a
   23  form  on  which  the  victim may indicate a demand to be informed of any
   24  petition to change the name of such defendant.    Such  forms  shall  be
   25  maintained by such prosecutor. Upon receipt of a notice of a petition to
   26  change  the  name  of any such defendant, pursuant to subdivision two of
   27  section sixty-two of the civil rights law, the prosecutor shall promptly
   28  notify the victim at  the  most  current  address  or  telephone  number
   29  provided  by  such  victim in the most reasonable and expedient possible
   30  manner of the time and place such petition  will  be  presented  to  the
   31  court.
   32    S  26.  The  opening  paragraph  of  paragraph (i) of subdivision 1 of
   33  section 440.10 of the criminal procedure law, as added by chapter 332 of
   34  the laws of 2010, is amended to read as follows:
   35    The judgment is a conviction where  the  arresting  charge  was  under
   36  section  240.37 (loitering for the purpose of engaging in a prostitution
   37  offense, provided that the defendant was not alleged to be loitering for
   38  the purpose of patronizing a [prostitute]  PERSON  FOR  PROSTITUTION  or
   39  promoting  prostitution)  or 230.00 (prostitution) of the penal law, and
   40  the defendant's participation in the offense was a result of having been
   41  a victim of sex trafficking under section 230.34 of  the  penal  law  or
   42  trafficking  in  persons  under  the  Trafficking Victims Protection Act
   43  (United States Code, title 22, chapter 78); provided that
   44    S 27.  Paragraph (h) of subdivision 8 of section 700.05 of the  crimi-
   45  nal  procedure  law,  as  amended by chapter 154 of the laws of 1990, is
   46  amended to read as follows:
   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 28. Subdivision (a) of section 483-cc of the social services law, as
   53  added by chapter 74 of the laws of 2007, is amended to read as follows:
   54    (a) As soon as practicable after a first encounter with a  person  who
   55  reasonably  appears  to a law enforcement agency [or a], district attor-
   56  ney's office, OR AN ESTABLISHED PROVIDER OF  SOCIAL  OR  LEGAL  SERVICES
       A. 2240--A                          8
    1  DESIGNATED  BY  THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE OR THE
    2  OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE to be a human trafficking
    3  victim, that agency [or], office OR PROVIDER shall notify the office  of
    4  temporary and disability assistance and the division of criminal justice
    5  services  that such person may be eligible for services under this arti-
    6  cle.
    7    S 29. Subdivision (p) of section 10.03 of the mental hygiene  law,  as
    8  added by chapter 7 of the laws of 2007, is amended to read as follows:
    9    (p)  "Sex  offense"  means an act or acts constituting: (1) any felony
   10  defined in article one hundred thirty of  the  penal  law,  including  a
   11  sexually  motivated  felony;  (2)  patronizing a [prostitute] PERSON FOR
   12  PROSTITUTION in the first degree as defined in  section  230.06  of  the
   13  penal  law, AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE FIRST
   14  DEGREE AS DEFINED IN SECTION 230.13 OF THE PENAL LAW, AGGRAVATED PATRON-
   15  IZING A MINOR FOR PROSTITUTION  IN  THE  SECOND  DEGREE  AS  DEFINED  IN
   16  SECTION  230.12  OF  THE  PENAL  LAW, AGGRAVATED PATRONIZING A MINOR FOR
   17  PROSTITUTION IN THE THIRD DEGREE AS DEFINED IN  SECTION  230.11  OF  THE
   18  PENAL  LAW,  incest in the second degree as defined in section 255.26 of
   19  the penal law, or incest in the  first  degree  as  defined  in  section
   20  255.27  of  the  penal law; (3) a felony attempt or conspiracy to commit
   21  any of the foregoing offenses set forth in this subdivision;  or  (4)  a
   22  designated  felony,  as  defined  in subdivision (f) of this section, if
   23  sexually motivated and committed prior to the  effective  date  of  this
   24  article.
   25    S  30.  Subparagraph  (i) of paragraph (a) of subdivision 2 of section
   26  168-a of the correction law, as amended by chapter 405 of  the  laws  of
   27  2008, is amended to read as follows:
   28    (i)  a  conviction  of or a conviction for an attempt to commit any of
   29  the provisions of  sections  120.70,  130.20,  130.25,  130.30,  130.40,
   30  130.45, 130.60, 230.34, 250.50, 255.25, 255.26 and 255.27 or article two
   31  hundred  sixty-three of the penal law, or section 135.05, 135.10, 135.20
   32  or 135.25 of such law relating  to  kidnapping  offenses,  provided  the
   33  victim  of  such  kidnapping  or  related offense is less than seventeen
   34  years old and the offender is not the parent of the victim,  or  section
   35  230.04,  [where  the  person  patronized  is in fact less than seventeen
   36  years of age,] 230.05 [or], 230.06, 230.08, [or] 230.11, 230.12, 230.13,
   37  subdivision two of section 230.30, [or] section 230.32 [or], 230.33,  OR
   38  230.34  of  the  penal law, OR SECTION 230.25 OF THE PENAL LAW WHERE THE
   39  PERSON PROSTITUTED IS IN FACT LESS THAN SEVENTEEN YEARS OLD, or
   40    S 31.  Paragraph  (b)  of  subdivision  1  of  section  168-d  of  the
   41  correction law, as amended by chapter 74 of the laws of 2007, is amended
   42  to read as follows:
   43    (b)  Where a defendant stands convicted of an offense defined in para-
   44  graph (b) of subdivision two of section  one  hundred  sixty-eight-a  of
   45  this  article  or  where  the  defendant  was convicted of patronizing a
   46  [prostitute] PERSON FOR PROSTITUTION in the third degree  under  section
   47  230.04  of  the penal law OR OF PATRONIZING A PERSON FOR PROSTITUTION IN
   48  THE SECOND DEGREE UNDER SECTION 230.05 OF THE PENAL LAW, OR OF PATRONIZ-
   49  ING A PERSON FOR PROSTITUTION IN THE FIRST DEGREE UNDER  SECTION  230.06
   50  OF  THE  PENAL  LAW,  OR  OF  PATRONIZING A PERSON FOR PROSTITUTION IN A
   51  SCHOOL ZONE UNDER SECTION 230.08 OF THE  PENAL  LAW,  OR  OF  AGGRAVATED
   52  PATRONIZING  A  MINOR FOR PROSTITUTION IN THE FIRST DEGREE AS DEFINED IN
   53  SECTION 230.13 OF THE PENAL LAW, OR OF AGGRAVATED  PATRONIZING  A  MINOR
   54  FOR  PROSTITUTION  IN  THE SECOND DEGREE AS DEFINED IN SECTION 230.12 OF
   55  THE PENAL LAW, OR OF AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION  IN
   56  THE  THIRD DEGREE AS DEFINED IN SECTION 230.11 OF THE PENAL LAW, and the
       A. 2240--A                          9
    1  defendant controverts an allegation that the victim of such offense  was
    2  less  than  eighteen years [of age or, in the case of a conviction under
    3  section 230.04 of the penal law, less than seventeen years of age]  OLD,
    4  the  court,  without a jury, shall, prior to sentencing, conduct a hear-
    5  ing, and the people may prove by clear and convincing evidence that  the
    6  victim  was less than eighteen years [of age] OLD or less than seventeen
    7  years [of age] OLD, as applicable, by any evidence admissible under  the
    8  rules applicable to a trial of the issue of guilt. The court in addition
    9  to  such admissible evidence may also consider reliable hearsay evidence
   10  submitted by either party provided that it is relevant to  the  determi-
   11  nation  of the age of the victim. Facts concerning the age of the victim
   12  proven at trial or ascertained at the time of entry of a plea of  guilty
   13  shall  be  deemed established by clear and convincing evidence and shall
   14  not be relitigated. At the conclusion of the hearing, or if the  defend-
   15  ant does not controvert an allegation that the victim of the offense was
   16  less  than  eighteen years [of age] OLD or less than seventeen years [of
   17  age] OLD, as applicable, the court must make  a  finding  and  enter  an
   18  order  setting  forth the age of the victim. If the court finds that the
   19  victim of such offense was under eighteen years [of age]  OLD  or  under
   20  seventeen years [of age] OLD, as applicable, the court shall certify the
   21  defendant  as  a  sex  offender, the provisions of paragraph (a) of this
   22  subdivision shall apply and the defendant shall register with the  divi-
   23  sion in accordance with the provisions of this article.
   24    S  32. Paragraph (c) of subdivision 4 of section 509-cc of the vehicle
   25  and traffic law, as amended by chapter 400  of  the  laws  of  2011,  is
   26  amended to read as follows:
   27    (c)  The  offenses referred to in subparagraph (i) of paragraph (b) of
   28  subdivision one and subparagraph (i) of paragraph (c) of subdivision two
   29  of this section that result in disqualification for  a  period  of  five
   30  years  shall include a conviction under sections 100.10, 105.13, 115.05,
   31  120.03,  120.04,  120.04-a,  120.05,  120.10,  120.25,  121.12,  121.13,
   32  125.40,  125.45, 130.20, 130.25, 130.52, 130.55, 135.10, 135.55, 140.17,
   33  140.25, 140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06,  220.09,
   34  220.16,  220.31, 220.34, 220.60, 220.65, 221.30, 221.50, 221.55, 230.00,
   35  230.04, 230.05, 230.06, 230.08, 230.11, 230.12, 230.13, 230.19,  230.20,
   36  235.05,  235.06, 235.07, 235.21, 240.06, 245.00, 260.10, subdivision two
   37  of section 260.20 and sections 260.25, 265.02, 265.03,  265.08,  265.09,
   38  265.10,  265.12,  265.35 of the penal law or an attempt to commit any of
   39  the aforesaid offenses under section 110.00 of the  penal  law,  or  any
   40  similar  offenses  committed under a former section of the penal law, or
   41  any offenses committed under a former section of  the  penal  law  which
   42  would  constitute violations of the aforesaid sections of the penal law,
   43  or any offenses committed outside  this  state  which  would  constitute
   44  violations of the aforesaid sections of the penal law.
   45    S  33.  Section 2324-a of the public health law, as amended by chapter
   46  260 of the laws of 1978, is amended to read as follows:
   47    S 2324-a. Presumptive evidence.  For the purposes of this  title,  two
   48  or more convictions of any person or persons had, within a period of one
   49  year,  for  any  of  the  offenses  described in section 230.00, 230.04,
   50  230.05, 230.06, 230.08, 230.11, 230.12,  230.13,  230.20,  230.25  [or],
   51  230.30  OR  230.32 of the penal law arising out of conduct engaged in at
   52  the same real property consisting of a dwelling as that term is  defined
   53  in  subdivision  four of section four of the multiple dwelling law shall
   54  be presumptive evidence of conduct constituting use of the premises  for
   55  purposes of prostitution.
       A. 2240--A                         10
    1    S  34.  Subdivision  2 of section 715 of the real property actions and
    2  proceedings law, as added by chapter 494 of the laws of 1976, is amended
    3  to read as follows:
    4    2. For purposes of this section, two or more convictions of any person
    5  or  persons  had,  within  a period of one year, for any of the offenses
    6  described in section 230.00, 230.04,  230.05,  230.06,  230.08,  230.11,
    7  230.12,  230.13,  230.20,  230.25, 230.30, 230.32 or 230.40 of the penal
    8  law arising out of conduct engaged in at the same real property consist-
    9  ing of a dwelling as that term is defined in subdivision four of section
   10  four of the multiple dwelling  law  shall  be  presumptive  evidence  of
   11  conduct constituting use of the premises for purposes of prostitution.
   12    S  35.  Subdivision  3  of  section  231  of the real property law, as
   13  amended by chapter 203 of the laws  of  1980,  is  amended  to  read  as
   14  follows:
   15    3.  For  the  purposes of this section, two or more convictions of any
   16  person or persons had, within a period of  one  year,  for  any  of  the
   17  offenses  described  in  section 230.00, 230.04, 230.05, 230.06, 230.08,
   18  230.11, 230.12, 230.13, 230.20, 230.25, 230.30, 230.32 or 230.40 of  the
   19  penal  law  arising  out  of  conduct  engaged  in  at the same premises
   20  consisting of a dwelling as that term is defined in subdivision four  of
   21  section  four of the multiple dwelling law shall be presumptive evidence
   22  of unlawful use of such premises and of  the  owners  knowledge  of  the
   23  same.
   24    S  36.  This act shall take effect on the ninetieth day after it shall
   25  have become a law.