S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7254
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      May 8, 2013
                                      ___________
       Introduced by M. of A. DIPIETRO -- read once and referred to the Commit-
         tee on Codes
       AN  ACT  to  amend the penal law, the criminal procedure law, the social
         services law, the mental hygiene law, the correction law, the  vehicle
         and  traffic law, the public health law, the real property actions and
         proceedings law and the real property law, in relation to prostitution
         offenses; and to repeal section 230.07 of the penal law relating ther-
         eto
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.   Short title. This act shall be known and may be cited as
    2  the "trafficking victims protection and justice act".
    3    S 2. Section 60.13 of the penal law, as added by chapter 7 of the laws
    4  of 2007, is amended to read as follows:
    5  S 60.13 Authorized dispositions; felony sex offenses.
    6    When a person is to be sentenced upon  a  conviction  for  any  felony
    7  defined in article one hundred thirty of this chapter, including a sexu-
    8  ally  motivated felony, or patronizing a [prostitute] PERSON FOR PROSTI-
    9  TUTION in the first degree as defined in section 230.06 of this chapter,
   10  AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE THIRD  DEGREE  AS
   11  DEFINED  IN  SECTION  230.11  OF  THIS CHAPTER, AGGRAVATED PATRONIZING A
   12  MINOR FOR PROSTITUTION IN THE SECOND DEGREE AS DEFINED IN SECTION 230.12
   13  OF THIS CHAPTER, AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN  THE
   14  FIRST DEGREE AS DEFINED IN SECTION 230.13 OF THIS CHAPTER, incest in the
   15  second degree as defined in section 255.26 of this chapter, or incest in
   16  the  first  degree  as  defined  in section 255.27 of this chapter, or a
   17  felony attempt or conspiracy to commit any of these  crimes,  the  court
   18  must sentence the defendant in accordance with the provisions of section
   19  70.80 of this title.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03210-03-3
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    1    S 3. Paragraph (a) of subdivision 1 of section 70.02 of the penal law,
    2  as  amended  by  chapter  320 of the laws of 2006, is amended to read as
    3  follows:
    4    (a)  Class  B  violent felony offenses: an attempt to commit the class
    5  A-I felonies of murder in  the  second  degree  as  defined  in  section
    6  125.25, kidnapping in the first degree as defined in section 135.25, and
    7  arson  in the first degree as defined in section 150.20; manslaughter in
    8  the first degree as defined in section 125.20,  aggravated  manslaughter
    9  in  the  first  degree  as  defined in section 125.22, rape in the first
   10  degree as defined in section 130.35, criminal sexual act  in  the  first
   11  degree  as  defined  in  section  130.50, aggravated sexual abuse in the
   12  first degree as defined in section  130.70,  course  of  sexual  conduct
   13  against  a  child  in  the  first  degree  as defined in section 130.75;
   14  assault in the first degree as defined in section 120.10, kidnapping  in
   15  the  second  degree  as defined in section 135.20, burglary in the first
   16  degree as defined in section 140.30,  arson  in  the  second  degree  as
   17  defined  in  section  150.15,  robbery in the first degree as defined in
   18  section 160.15, COMPELLING PROSTITUTION AS DEFINED  IN  SECTION  230.33,
   19  SEX TRAFFICKING AS DEFINED IN SECTION 230.34, incest in the first degree
   20  as  defined  in  section  255.27, criminal possession of a weapon in the
   21  first degree as defined in section 265.04, criminal use of a firearm  in
   22  the  first  degree  as  defined  in  section  265.09, criminal sale of a
   23  firearm in the first degree as defined  in  section  265.13,  aggravated
   24  assault  upon  a police officer or a peace officer as defined in section
   25  120.11, gang assault in the first degree as defined in  section  120.07,
   26  intimidating  a  victim  or  witness  in  the first degree as defined in
   27  section 215.17, hindering prosecution of terrorism in the  first  degree
   28  as  defined  in section 490.35, criminal possession of a chemical weapon
   29  or biological weapon in the second degree as defined in section  490.40,
   30  and  criminal use of a chemical weapon or biological weapon in the third
   31  degree as defined in section 490.47.
   32    S 4. Paragraph (a) of subdivision 1 of section 70.80 of the penal law,
   33  as added by chapter 7 of the  laws  of  2007,  is  amended  to  read  as
   34  follows:
   35    (a)  For  the purposes of this section, a "felony sex offense" means a
   36  conviction of any felony defined in article one hundred thirty  of  this
   37  chapter,  including a sexually motivated felony, or patronizing a [pros-
   38  titute] PERSON FOR PROSTITUTION  in  the  first  degree  as  defined  in
   39  section 230.06 of this chapter, PATRONIZING A PERSON FOR PROSTITUTION IN
   40  THE  SECOND  DEGREE AS DEFINED IN SECTION 230.05 OF THIS CHAPTER, AGGRA-
   41  VATED PATRONIZING A MINOR  FOR  PROSTITUTION  IN  THE  THIRD  DEGREE  AS
   42  DEFINED  IN  SECTION  230.11  OF  THIS CHAPTER, AGGRAVATED PATRONIZING A
   43  MINOR FOR PROSTITUTION IN THE SECOND DEGREE AS DEFINED IN SECTION 230.12
   44  OF THIS CHAPTER, AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN  THE
   45  FIRST DEGREE AS DEFINED IN SECTION 230.13 OF THIS CHAPTER, incest in the
   46  second degree as defined in section 255.26 of this chapter, or incest in
   47  the  first  degree  as  defined  in section 255.27 of this chapter, or a
   48  felony attempt or conspiracy to commit any of the above.
   49    S 5.  The closing paragraph of section 135.35 of  the  penal  law,  as
   50  added by chapter 74 of the laws of 2007, is amended to read as follows:
   51    Labor trafficking is a class [D] B felony.
   52    S  6.  The  section heading and subdivision 1 of section 230.02 of the
   53  penal law, as amended by chapter 627 of the laws of 1978, are amended to
   54  read as follows:
   55  Patronizing a [prostitute] PERSON FOR PROSTITUTION; definitions.
   56    1. A person patronizes a [prostitute] PERSON FOR PROSTITUTION when:
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    1    (a) Pursuant to a prior understanding, he OR SHE pays a fee to another
    2  person as compensation for such person or a third person having  engaged
    3  in sexual conduct with him OR HER; or
    4    (b)  He  OR SHE pays or agrees to pay a fee to another person pursuant
    5  to an understanding that in return  therefor  such  person  or  a  third
    6  person will engage in sexual conduct with him OR HER; or
    7    (c)  He OR SHE solicits or requests another person to engage in sexual
    8  conduct with him OR HER in return for a fee.
    9    S 7. Subdivision 2 of section 230.03 of the penal  law,  as  added  by
   10  chapter 191 of the laws of 2011, is amended to read as follows:
   11    2. For the purposes of this section, SECTION 230.08 and section 230.19
   12  of  this  article, "school zone" means (a) in or on or within any build-
   13  ing, structure, athletic playing field,  playground  or  land  contained
   14  within  the real property boundary line of a public or private elementa-
   15  ry, parochial, intermediate, junior high, vocational, or high school, or
   16  (b) any public  sidewalk,  street,  parking  lot,  park,  playground  or
   17  private  land, located immediately adjacent to the boundary line of such
   18  school.
   19    S 8. Section 230.07 of the penal law is REPEALED  and  a  new  section
   20  230.08 is added to read as follows:
   21  S 230.08 PATRONIZING A PERSON FOR PROSTITUTION IN A SCHOOL ZONE.
   22    1.  A  PERSON  IS GUILTY OF PATRONIZING A PERSON FOR PROSTITUTION IN A
   23  SCHOOL ZONE WHEN HE OR SHE COMMITS THE CRIME OF PATRONIZING A PERSON FOR
   24  PROSTITUTION IN VIOLATION OF SECTION 230.04, 230.05, OR 230.06  OF  THIS
   25  ARTICLE IN A SCHOOL ZONE DURING THE HOURS THAT SCHOOL IS IN SESSION.
   26    2.  FOR  PURPOSES  OF  THIS  SECTION, "SCHOOL ZONE" SHALL MEAN "SCHOOL
   27  ZONE" AS DEFINED IN SUBDIVISION TWO OF SECTION 230.03 OF THIS ARTICLE.
   28    PATRONIZING A PERSON FOR PROSTITUTION IN A SCHOOL ZONE IS  A  CLASS  E
   29  FELONY.
   30    S  9. Section 230.04 of the penal law, as amended by chapter 74 of the
   31  laws of 2007, is amended to read as follows:
   32  S 230.04 Patronizing a [prostitute] PERSON FOR PROSTITUTION in the third
   33             degree.
   34    A person is guilty of patronizing a [prostitute] PERSON FOR  PROSTITU-
   35  TION in the third degree when he or she patronizes a [prostitute] PERSON
   36  FOR PROSTITUTION.
   37    Patronizing a [prostitute] PERSON FOR PROSTITUTION in the third degree
   38  is a class A misdemeanor.
   39    S  10. Section 230.05 of the penal law, as added by chapter 627 of the
   40  laws of 1978, is amended to read as follows:
   41  S 230.05 Patronizing a  [prostitute]  PERSON  FOR  PROSTITUTION  in  the
   42             second degree.
   43    A  person is guilty of patronizing a [prostitute] PERSON FOR PROSTITU-
   44  TION in the second degree when, being [over] eighteen years [of age] OLD
   45  OR MORE, he OR SHE patronizes a [prostitute] PERSON FOR PROSTITUTION and
   46  the person patronized is less than [fourteen]  FIFTEEN  years  [of  age]
   47  OLD.
   48    Patronizing  a  [prostitute]  PERSON  FOR  PROSTITUTION  in the second
   49  degree is a class E felony.
   50    S 11. Section 230.06 of the penal law, as added by chapter 627 of  the
   51  laws of 1978, is amended to read as follows:
   52  S 230.06 Patronizing a [prostitute] PERSON FOR PROSTITUTION in the first
   53             degree.
   54    A  person is guilty of patronizing a [prostitute] PERSON FOR PROSTITU-
   55  TION in the first degree when [he]:
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    1    1. HE OR SHE patronizes a [prostitute] PERSON FOR PROSTITUTION and the
    2  person patronized is less than eleven years [of age] OLD; OR
    3    2. BEING EIGHTEEN YEARS OLD OR MORE, HE OR SHE PATRONIZES A PERSON FOR
    4  PROSTITUTION AND THE PERSON PATRONIZED IS LESS THAN THIRTEEN YEARS OLD.
    5    Patronizing a [prostitute] PERSON FOR PROSTITUTION in the first degree
    6  is a class D felony.
    7    S  12. The section heading and the opening paragraph of section 230.10
    8  of the penal law are amended to read as follows:
    9  Prostitution and patronizing a [prostitute] PERSON FOR PROSTITUTION;  no
   10             defense.
   11    In  any  prosecution  for  prostitution  or patronizing a [prostitute]
   12  PERSON FOR PROSTITUTION, the sex  of  the  two  parties  or  prospective
   13  parties  to  the sexual conduct engaged in, contemplated or solicited is
   14  immaterial, and it is no defense that:
   15    S 13. The penal law is amended by adding three  new  sections  230.11,
   16  230.12 and 230.13 to read as follows:
   17  S 230.11 AGGRAVATED  PATRONIZING  A  MINOR FOR PROSTITUTION IN THE THIRD
   18             DEGREE.
   19    A PERSON IS GUILTY OF AGGRAVATED PATRONIZING A MINOR FOR  PROSTITUTION
   20  IN  THE THIRD DEGREE WHEN, BEING TWENTY-ONE YEARS OLD OR MORE, HE OR SHE
   21  PATRONIZES A PERSON FOR PROSTITUTION AND THE PERSON PATRONIZED  IS  LESS
   22  THAN  EIGHTEEN YEARS OLD AND THE PERSON GUILTY OF PATRONIZING ENGAGES IN
   23  SEXUAL INTERCOURSE, ORAL SEXUAL CONDUCT, ANAL SEXUAL CONDUCT, OR  AGGRA-
   24  VATED SEXUAL CONDUCT.
   25    AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE THIRD DEGREE IS
   26  A CLASS E FELONY.
   27  S 230.12 AGGRAVATED  PATRONIZING  A MINOR FOR PROSTITUTION IN THE SECOND
   28             DEGREE.
   29    A PERSON IS GUILTY OF AGGRAVATED PATRONIZING A MINOR FOR  PROSTITUTION
   30  IN  THE  SECOND DEGREE WHEN, BEING EIGHTEEN YEARS OLD OR MORE, HE OR SHE
   31  PATRONIZES A PERSON FOR PROSTITUTION AND THE PERSON PATRONIZED  IS  LESS
   32  THAN  FIFTEEN  YEARS OLD AND THE PERSON GUILTY OF PATRONIZING ENGAGES IN
   33  SEXUAL INTERCOURSE, ORAL SEXUAL CONDUCT, ANAL SEXUAL CONDUCT, OR  AGGRA-
   34  VATED SEXUAL CONDUCT.
   35    AGGRAVATED  PATRONIZING  A MINOR FOR PROSTITUTION IN THE SECOND DEGREE
   36  IS A CLASS D FELONY.
   37  S 230.13 AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION  IN  THE  FIRST
   38             DEGREE.
   39    A  PERSON IS GUILTY OF AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION
   40  IN THE FIRST DEGREE WHEN HE OR SHE PATRONIZES A PERSON FOR  PROSTITUTION
   41  AND  THE PERSON PATRONIZED IS LESS THAN ELEVEN YEARS OLD, BEING EIGHTEEN
   42  YEARS OLD OR MORE, HE OR SHE PATRONIZES A PERSON  FOR  PROSTITUTION  AND
   43  THE  PERSON  PATRONIZED  IS LESS THAN THIRTEEN YEARS OLD, AND THE PERSON
   44  GUILTY  OF  PATRONIZING  ENGAGES  IN  SEXUAL  INTERCOURSE,  ORAL  SEXUAL
   45  CONDUCT, ANAL SEXUAL CONDUCT, OR AGGRAVATED SEXUAL CONDUCT.
   46    AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE FIRST DEGREE IS
   47  A CLASS B FELONY.
   48    S  14.  Subdivisions  1  and  2 of section 230.15 of the penal law are
   49  amended to read as follows:
   50    1. "Advance prostitution."  A  person  "advances  prostitution"  when,
   51  acting  other  than  as  a  [prostitute]  PERSON IN PROSTITUTION or as a
   52  patron thereof, he OR SHE knowingly causes or aids a person to commit or
   53  engage in prostitution, procures or solicits patrons  for  prostitution,
   54  provides  persons  or  premises  for  prostitution purposes, operates or
   55  assists in the operation of a house of prostitution  or  a  prostitution
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    1  enterprise,  or  engages in any other conduct designed to institute, aid
    2  or facilitate an act or enterprise of prostitution.
    3    2.  "Profit  from  prostitution." A person "profits from prostitution"
    4  when, acting other than as a [prostitute] PERSON IN PROSTITUTION receiv-
    5  ing compensation for personally rendered prostitution  services,  he  OR
    6  SHE accepts or receives money or other property pursuant to an agreement
    7  or understanding with any person whereby he OR SHE participates or is to
    8  participate in the proceeds of prostitution activity.
    9    S  15.  Subdivision  1 of section 230.19 of the penal law, as added by
   10  chapter 191 of the laws of 2011, is amended to read as follows:
   11    1. A person is guilty of promoting prostitution in a school zone when,
   12  being nineteen years [of age] OLD or [older] MORE, he or  she  knowingly
   13  advances  or  profits from prostitution [that he or she knows or reason-
   14  ably should know is or will be committed in violation of section  230.03
   15  of  this  article]  in  a school zone during the hours that school is in
   16  session.
   17    S 16. The opening paragraph and subdivisions 1 and 2 of section 230.25
   18  of the penal law, the opening paragraph and subdivision 2 as amended  by
   19  chapter  627 of the laws of 1978 and subdivision 1 as amended by chapter
   20  74 of the laws of 2007, are amended to read as follows:
   21    A person is guilty of promoting prostitution in the third degree  when
   22  he OR SHE knowingly:
   23    1.  Advances  or  profits  from prostitution by managing, supervising,
   24  controlling or owning, either alone or in  association  with  others,  a
   25  house of prostitution or a prostitution business or enterprise involving
   26  prostitution  activity by two or more [prostitutes] PERSONS IN PROSTITU-
   27  TION, or a business that sells travel-related services knowing that such
   28  services include or are intended to facilitate travel for the purpose of
   29  patronizing a [prostitute]  PERSON  FOR  PROSTITUTION,  including  to  a
   30  foreign  jurisdiction  and regardless of the legality of prostitution in
   31  said foreign jurisdiction; or
   32    2. PROFITS FROM PROSTITUTION BY ENGAGING, EITHER ALONE OR  IN  ASSOCI-
   33  ATION  WITH OTHERS, IN A BUSINESS OR ENTERPRISE CONSISTING OF THE TRANS-
   34  PORTING OF A PERSON OR PERSONS FOR THE PURPOSES OF PROSTITUTION; OR
   35    3. Advances or profits from prostitution of a person less  than  nine-
   36  teen years old.
   37    S  17.  The  opening  paragraph of section 230.30 of the penal law, as
   38  amended by chapter 627 of the laws  of  1978,  is  amended  to  read  as
   39  follows:
   40    A person is guilty of promoting prostitution in the second degree when
   41  he OR SHE knowingly:
   42    S  18. The first undesignated paragraph of section 230.32 of the penal
   43  law, as added by chapter 627 of the laws of 1978, is amended to read  as
   44  follows:
   45    A  person is guilty of promoting prostitution in the first degree when
   46  he OR SHE knowingly advances or profits from prostitution  of  a  person
   47  less than [eleven] THIRTEEN years old.
   48    S  19. Section 230.33 of the penal law, as added by chapter 450 of the
   49  laws of 2005, is amended to read as follows:
   50  S 230.33 Compelling prostitution.
   51    A person is guilty of compelling prostitution when,  being  twenty-one
   52  years  [of age or older] OLD OR MORE, he or she knowingly advances pros-
   53  titution by compelling a person less than [sixteen] EIGHTEEN years  old,
   54  by force or intimidation, to engage in prostitution.
   55    Compelling prostitution is a class B felony.
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    1    S  20.  Subdivision  1  and  paragraph (h) of subdivision 5 of section
    2  230.34 of the penal law, as added by chapter 74 of the laws of 2007, are
    3  amended and a new subdivision 6 is added to read as follows:
    4    1.  unlawfully providing to a person who is patronized, with intent to
    5  impair said person's judgment: (a) a narcotic drug or a narcotic  prepa-
    6  ration;  (b)  MARIJUANA OR concentrated cannabis as defined in paragraph
    7  (a) of subdivision four of  section  thirty-three  hundred  two  of  the
    8  public  health  law; (c) methadone; [or] (d) gamma-hydroxybutyrate (GHB)
    9  or flunitrazepan, also known as  Rohypnol;  OR  (E)  METHYLENEDIOXYMETH-
   10  AMPHETAMINE (MDMA), ALSO KNOWN AS ECSTASY;
   11    (h) perform any other act which would not in itself materially benefit
   12  the  actor  but which is calculated to harm the person who is patronized
   13  materially with respect to his or her  health,  safety,  or  immigration
   14  status[.]; OR
   15    6.  KNOWINGLY  ADVANCING  PROSTITUTION  OF A PERSON LESS THAN EIGHTEEN
   16  YEARS OLD.
   17    S 21. Section 230.35 of the penal law, as amended by  chapter  450  of
   18  the laws of 2005, is amended to read as follows:
   19  S 230.35 Promoting or compelling prostitution; accomplice.
   20    In  a  prosecution  for promoting prostitution or compelling prostitu-
   21  tion, a person less than [seventeen] EIGHTEEN years [of  age]  OLD  from
   22  whose  prostitution  activity another person is alleged to have advanced
   23  or attempted to advance or profited or attempted to profit shall not  be
   24  deemed to be an accomplice.
   25    S  22. The first undesignated paragraph of section 230.40 of the penal
   26  law is amended to read as follows:
   27    A person is guilty of permitting prostitution when, having  possession
   28  or  control  of premises OR VEHICLE which he OR SHE knows are being used
   29  for prostitution purposes OR FOR THE PURPOSE OF ADVANCING  PROSTITUTION,
   30  he OR SHE fails to make reasonable effort to halt or abate such use.
   31    S  23.  Subdivision  2 of section 240.37 of the penal law, as added by
   32  chapter 344 of the laws of 1976, is amended, subdivision 3 is renumbered
   33  subdivision 4 and a new subdivision 3 is added to read as follows:
   34    2. Any person who remains or wanders  about  in  a  public  place  and
   35  repeatedly  beckons  to,  or repeatedly stops, or repeatedly attempts to
   36  stop, or repeatedly attempts to engage passers-by  in  conversation,  or
   37  repeatedly  stops  or  attempts  to  stop  motor vehicles, or repeatedly
   38  interferes with the free passage of other persons, for  the  purpose  of
   39  prostitution[,  or  of  patronizing  a prostitute as those terms are] AS
   40  THAT TERM IS defined in article two hundred thirty of  [the  penal  law]
   41  THIS  PART,  shall  be  guilty of a violation and is guilty of a class B
   42  misdemeanor if such person has previously been convicted of a  violation
   43  of  this  section  or  of  [sections] SECTION 230.00 [or 230.05] of [the
   44  penal law] THIS PART.
   45    3. 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  PATRONIZING  A  PERSON  FOR PROSTITUTION AS DEFINED IN SECTION 230.02 OF
   51  THIS PART, SHALL BE GUILTY OF A VIOLATION AND IS GUILTY  OF  A  CLASS  B
   52  MISDEMEANOR  IF SUCH PERSON HAS PREVIOUSLY BEEN CONVICTED OF A VIOLATION
   53  OF THIS SECTION OR OF SECTION 230.04, 230.05, 230.06 OR 230.08  OF  THIS
   54  PART.
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    1    S  24.  Subdivision 6 of section 380.50 of the criminal procedure law,
    2  as amended by chapter 320 of the laws of 2006, is  amended  to  read  as
    3  follows:
    4    6.  Regardless of whether the victim requests to make a statement with
    5  regard to the defendant's sentence, where the defendant is sentenced for
    6  a violent felony offense as defined in section 70.02 of the penal law or
    7  a felony defined in article one hundred twenty-five of such law  or  any
    8  of  the  following  provisions  of  such  law:  sections 130.25, 130.30,
    9  130.40, 130.45, 255.25, 255.26, 255.27, article two hundred sixty-three,
   10  135.10, 135.25, 230.04, 230.05, 230.06, 230.08, 230.11, 230.12,  230.13,
   11  subdivision two of section 230.30 or 230.32, the prosecutor shall, with-
   12  in  sixty  days of the imposition of sentence, provide the victim with a
   13  form on which the victim may indicate a demand to  be  informed  of  any
   14  petition  to  change  the  name of such defendant.   Such forms shall be
   15  maintained by such prosecutor. Upon receipt of a notice of a petition to
   16  change the name of any such defendant, pursuant to  subdivision  two  of
   17  section sixty-two of the civil rights law, the prosecutor shall promptly
   18  notify  the  victim  at  the  most  current  address or telephone number
   19  provided by such victim in the most reasonable  and  expedient  possible
   20  manner  of  the  time  and  place such petition will be presented to the
   21  court.
   22    S 25. The opening paragraph of  paragraph  (i)  of  subdivision  1  of
   23  section 440.10 of the criminal procedure law, as added by chapter 332 of
   24  the laws of 2010, is amended to read as follows:
   25    The  judgment  is  a  conviction  where the arresting charge was under
   26  section 240.37 (loitering for the purpose of engaging in a  prostitution
   27  offense, provided that the defendant was not alleged to be loitering for
   28  the  purpose  of  patronizing  a [prostitute] PERSON FOR PROSTITUTION or
   29  promoting prostitution) or 230.00 (prostitution) of the penal  law,  and
   30  the defendant's participation in the offense was a result of having been
   31  a  victim  of  sex  trafficking under section 230.34 of the penal law or
   32  trafficking in persons under  the  Trafficking  Victims  Protection  Act
   33  (United States Code, title 22, chapter 78); provided that
   34    S  26.  Paragraph (h) of subdivision 8 of section 700.05 of the crimi-
   35  nal procedure law, as amended by chapter 154 of the  laws  of  1990,  is
   36  amended to read as follows:
   37    (h)  Promoting prostitution in the first degree, as defined in section
   38  230.32 of the penal law, promoting prostitution in the second degree, as
   39  defined by subdivision one of section 230.30 of the penal law, PROMOTING
   40  PROSTITUTION IN THE THIRD DEGREE, AS DEFINED IN SECTION  230.25  OF  THE
   41  PENAL LAW;
   42    S 27. Subdivision (a) of section 483-cc of the social services law, as
   43  added by chapter 74 of the laws of 2007, is amended to read as follows:
   44    (a)  As  soon as practicable after a first encounter with a person who
   45  reasonably appears to a law enforcement agency [or a],  district  attor-
   46  ney's  office,  OR  AN  ESTABLISHED PROVIDER OF SOCIAL OR LEGAL SERVICES
   47  DESIGNATED BY THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE  OR  THE
   48  OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE to be a human trafficking
   49  victim,  that agency [or], office OR PROVIDER shall notify the office of
   50  temporary and disability assistance and the division of criminal justice
   51  services that such person may be eligible for services under this  arti-
   52  cle.
   53    S  28.  Subdivision (p) of section 10.03 of the mental hygiene law, as
   54  added by chapter 7 of the laws of 2007, is amended to read as follows:
   55    (p) "Sex offense" means an act or acts constituting:  (1)  any  felony
   56  defined  in  article  one  hundred  thirty of the penal law, including a
       A. 7254                             8
    1  sexually motivated felony; (2) patronizing  a  [prostitute]  PERSON  FOR
    2  PROSTITUTION  in  the  first  degree as defined in section 230.06 of the
    3  penal law, AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE  FIRST
    4  DEGREE AS DEFINED IN SECTION 230.13 OF THE PENAL LAW, AGGRAVATED PATRON-
    5  IZING  A  MINOR  FOR  PROSTITUTION  IN  THE  SECOND DEGREE AS DEFINED IN
    6  SECTION 230.12 OF THE PENAL LAW,  AGGRAVATED  PATRONIZING  A  MINOR  FOR
    7  PROSTITUTION  IN  THE  THIRD  DEGREE AS DEFINED IN SECTION 230.11 OF THE
    8  PENAL LAW, incest in the second degree as defined in section  255.26  of
    9  the  penal  law,  or  incest  in  the first degree as defined in section
   10  255.27 of the penal law; (3) a felony attempt or  conspiracy  to  commit
   11  any  of  the  foregoing offenses set forth in this subdivision; or (4) a
   12  designated felony, as defined in subdivision (f)  of  this  section,  if
   13  sexually  motivated  and  committed  prior to the effective date of this
   14  article.
   15    S 29. Subparagraph (i) of paragraph (a) of subdivision  2  of  section
   16  168-a  of  the  correction law, as amended by chapter 405 of the laws of
   17  2008, is amended to read as follows:
   18    (i) a conviction of or a conviction for an attempt to  commit  any  of
   19  the  provisions  of  sections  120.70,  130.20,  130.25, 130.30, 130.40,
   20  130.45, 130.60, 230.34, 250.50, 255.25, 255.26 and 255.27 or article two
   21  hundred sixty-three of the penal law, or section 135.05, 135.10,  135.20
   22  or  135.25  of  such  law  relating to kidnapping offenses, provided the
   23  victim of such kidnapping or related  offense  is  less  than  seventeen
   24  years  old  and the offender is not the parent of the victim, or section
   25  230.04, [where the person patronized is  in  fact  less  than  seventeen
   26  years of age,] 230.05 [or], 230.06, 230.08, [or] 230.11, 230.12, 230.13,
   27  subdivision  two of section 230.30, [or] section 230.32 [or], 230.33, OR
   28  230.34 of the penal law, OR SECTION 230.25 OF THE PENAL  LAW  WHERE  THE
   29  PERSON PROSTITUTED IS IN FACT LESS THAN SEVENTEEN YEARS OLD, or
   30    S  30.  Paragraph  (b)  of  subdivision  1  of  section  168-d  of the
   31  correction law, as amended by chapter 74 of the laws of 2007, is amended
   32  to read as follows:
   33    (b) Where a defendant stands convicted of an offense defined in  para-
   34  graph  (b)  of  subdivision  two of section one hundred sixty-eight-a of
   35  this article or where the  defendant  was  convicted  of  patronizing  a
   36  [prostitute]  PERSON  FOR PROSTITUTION in the third degree under section
   37  230.04 of the penal law OR OF PATRONIZING A PERSON FOR  PROSTITUTION  IN
   38  THE SECOND DEGREE UNDER SECTION 230.05 OF THE PENAL LAW, OR OF PATRONIZ-
   39  ING  A  PERSON FOR PROSTITUTION IN THE FIRST DEGREE UNDER SECTION 230.06
   40  OF THE PENAL LAW, OR OF PATRONIZING  A  PERSON  FOR  PROSTITUTION  IN  A
   41  SCHOOL  ZONE  UNDER  SECTION  230.08  OF THE PENAL LAW, OR OF AGGRAVATED
   42  PATRONIZING A MINOR FOR PROSTITUTION IN THE FIRST DEGREE AS  DEFINED  IN
   43  SECTION  230.13  OF  THE PENAL LAW, OR OF AGGRAVATED PATRONIZING A MINOR
   44  FOR PROSTITUTION IN THE SECOND DEGREE AS DEFINED IN  SECTION  230.12  OF
   45  THE  PENAL LAW, OR OF AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN
   46  THE THIRD DEGREE AS DEFINED IN SECTION 230.11 OF THE PENAL LAW, and  the
   47  defendant  controverts an allegation that the victim of such offense was
   48  less than eighteen years [of age or, in the case of a  conviction  under
   49  section  230.04 of the penal law, less than seventeen years of age] OLD,
   50  the court, without a jury, shall, prior to sentencing, conduct  a  hear-
   51  ing,  and the people may prove by clear and convincing evidence that the
   52  victim was less than eighteen years [of age] OLD or less than  seventeen
   53  years  [of age] OLD, as applicable, by any evidence admissible under the
   54  rules applicable to a trial of the issue of guilt. The court in addition
   55  to such admissible evidence may also consider reliable hearsay  evidence
   56  submitted  by  either party provided that it is relevant to the determi-
       A. 7254                             9
    1  nation of the age of the victim. Facts concerning the age of the  victim
    2  proven  at trial or ascertained at the time of entry of a plea of guilty
    3  shall be deemed established by clear and convincing evidence  and  shall
    4  not  be relitigated. At the conclusion of the hearing, or if the defend-
    5  ant does not controvert an allegation that the victim of the offense was
    6  less than eighteen years [of age] OLD or less than seventeen  years  [of
    7  age]  OLD,  as  applicable,  the  court must make a finding and enter an
    8  order setting forth the age of the victim. If the court finds  that  the
    9  victim  of  such  offense was under eighteen years [of age] OLD or under
   10  seventeen years [of age] OLD, as applicable, the court shall certify the
   11  defendant as a sex offender, the provisions of  paragraph  (a)  of  this
   12  subdivision  shall apply and the defendant shall register with the divi-
   13  sion in accordance with the provisions of this article.
   14    S 31. Paragraph (c) of subdivision 4 of section 509-cc of the  vehicle
   15  and  traffic  law,  as  amended  by  chapter 400 of the laws of 2011, is
   16  amended to read as follows:
   17    (c) The offenses referred to in subparagraph (i) of paragraph  (b)  of
   18  subdivision one and subparagraph (i) of paragraph (c) of subdivision two
   19  of  this  section  that  result in disqualification for a period of five
   20  years shall include a conviction under sections 100.10, 105.13,  115.05,
   21  120.03,  120.04,  120.04-a,  120.05,  120.10,  120.25,  121.12,  121.13,
   22  125.40, 125.45, 130.20, 130.25, 130.52, 130.55, 135.10, 135.55,  140.17,
   23  140.25,  140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06, 220.09,
   24  220.16, 220.31, 220.34, 220.60, 220.65, 221.30, 221.50, 221.55,  230.00,
   25  230.04,  230.05, 230.06, 230.08, 230.11, 230.12, 230.13, 230.19, 230.20,
   26  235.05, 235.06, 235.07, 235.21, 240.06, 245.00, 260.10, subdivision  two
   27  of  section  260.20 and sections 260.25, 265.02, 265.03, 265.08, 265.09,
   28  265.10, 265.12, 265.35 of the penal law or an attempt to commit  any  of
   29  the  aforesaid  offenses  under  section 110.00 of the penal law, or any
   30  similar offenses committed under a former section of the penal  law,  or
   31  any  offenses  committed  under  a former section of the penal law which
   32  would constitute violations of the aforesaid sections of the penal  law,
   33  or  any  offenses  committed  outside  this state which would constitute
   34  violations of the aforesaid sections of the penal law.
   35    S 32. Section 2324-a of the public health law, as amended  by  chapter
   36  260 of the laws of 1978, is amended to read as follows:
   37    S  2324-a.  Presumptive evidence.  For the purposes of this title, two
   38  or more convictions of any person or persons had, within a period of one
   39  year, for any of the  offenses  described  in  section  230.00,  230.04,
   40  230.05,  230.06,  230.08,  230.11,  230.12, 230.13, 230.20, 230.25 [or],
   41  230.30 OR 230.32 of the penal law arising out of conduct engaged  in  at
   42  the  same real property consisting of a dwelling as that term is defined
   43  in subdivision four of section four of the multiple dwelling  law  shall
   44  be  presumptive evidence of conduct constituting use of the premises for
   45  purposes of prostitution.
   46    S 33. Subdivision 2 of section 715 of the real  property  actions  and
   47  proceedings law, as added by chapter 494 of the laws of 1976, is amended
   48  to read as follows:
   49    2. For purposes of this section, two or more convictions of any person
   50  or  persons  had,  within  a period of one year, for any of the offenses
   51  described in section 230.00, 230.04,  230.05,  230.06,  230.08,  230.11,
   52  230.12,  230.13,  230.20,  230.25, 230.30, 230.32 or 230.40 of the penal
   53  law arising out of conduct engaged in at the same real property consist-
   54  ing of a dwelling as that term is defined in subdivision four of section
   55  four of the multiple dwelling  law  shall  be  presumptive  evidence  of
   56  conduct constituting use of the premises for purposes of prostitution.
       A. 7254                            10
    1    S  34.  Subdivision  3  of  section  231  of the real property law, as
    2  amended by chapter 203 of the laws  of  1980,  is  amended  to  read  as
    3  follows:
    4    3.  For  the  purposes of this section, two or more convictions of any
    5  person or persons had, within a period of  one  year,  for  any  of  the
    6  offenses  described  in  section 230.00, 230.04, 230.05, 230.06, 230.08,
    7  230.11, 230.12, 230.13, 230.20, 230.25, 230.30, 230.32 or 230.40 of  the
    8  penal  law  arising  out  of  conduct  engaged  in  at the same premises
    9  consisting of a dwelling as that term is defined in subdivision four  of
   10  section  four of the multiple dwelling law shall be presumptive evidence
   11  of unlawful use of such premises and of  the  owners  knowledge  of  the
   12  same.
   13    S  35.  This act shall take effect on the ninetieth day after it shall
   14  have become a law.