S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        5879--A
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                     June 18, 2013
                                      ___________
       Introduced by Sens. LANZA, GALLIVAN, SAVINO, HANNON, CARLUCCI, GRISANTI,
         LARKIN, MARTINS -- read twice and ordered printed, and when printed to
         be committed to the Committee on Rules -- recommitted to the Committee
         on  Rules  in  accordance  with  Senate  Rule  6,  sec. 8 -- 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  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
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD12057-05-4
       S. 5879--A                          2
    1  MINOR FOR PROSTITUTION IN THE SECOND DEGREE AS DEFINED IN SECTION 230.12
    2  OF THIS CHAPTER, AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN  THE
    3  FIRST DEGREE AS DEFINED IN SECTION 230.13 OF THIS CHAPTER, incest in the
    4  second degree as defined in section 255.26 of this chapter, or incest in
    5  the  first  degree  as  defined  in section 255.27 of this chapter, or a
    6  felony attempt or conspiracy to commit any of these  crimes,  the  court
    7  must sentence the defendant in accordance with the provisions of section
    8  70.80 of this title.
    9    S  3.  Paragraphs (a) and (c) of subdivision 1 of section 70.02 of the
   10  penal law, paragraph (a) as amended by chapter 320 of the laws  of  2006
   11  and  paragraph  (c)  as  amended  by  chapter 1 of the laws of 2013, are
   12  amended to read as follows:
   13    (a) Class B violent felony offenses: an attempt to  commit  the  class
   14  A-I  felonies  of  murder  in  the  second  degree as defined in section
   15  125.25, kidnapping in the first degree as defined in section 135.25, and
   16  arson in the first degree as defined in section 150.20; manslaughter  in
   17  the  first  degree as defined in section 125.20, aggravated manslaughter
   18  in the first degree as defined in section  125.22,  rape  in  the  first
   19  degree  as  defined  in section 130.35, criminal sexual act in the first
   20  degree as defined in section 130.50,  aggravated  sexual  abuse  in  the
   21  first  degree  as  defined  in  section 130.70, course of sexual conduct
   22  against a child in the  first  degree  as  defined  in  section  130.75;
   23  assault  in the first degree as defined in section 120.10, kidnapping in
   24  the second degree as defined in section 135.20, burglary  in  the  first
   25  degree  as  defined  in  section  140.30,  arson in the second degree as
   26  defined in section 150.15, robbery in the first  degree  as  defined  in
   27  section  160.15, SEX TRAFFICKING AS DEFINED IN PARAGRAPHS (A) AND (B) OF
   28  SUBDIVISION FIVE OF SECTION  230.34,  incest  in  the  first  degree  as
   29  defined  in section 255.27, criminal possession of a weapon in the first
   30  degree as defined in section 265.04, criminal use of a  firearm  in  the
   31  first degree as defined in section 265.09, criminal sale of a firearm in
   32  the first degree as defined in section 265.13, aggravated assault upon a
   33  police  officer  or  a  peace officer as defined in section 120.11, gang
   34  assault in the first degree as defined in section 120.07, intimidating a
   35  victim or witness in the first degree  as  defined  in  section  215.17,
   36  hindering  prosecution  of  terrorism  in the first degree as defined in
   37  section 490.35, criminal possession of a chemical weapon  or  biological
   38  weapon  in  the second degree as defined in section 490.40, and criminal
   39  use of a chemical weapon or biological weapon in  the  third  degree  as
   40  defined in section 490.47.
   41    (c)  Class  D violent felony offenses: an attempt to commit any of the
   42  class C felonies set forth in paragraph (b); reckless assault of a child
   43  as defined in section 120.02, assault in the second degree as defined in
   44  section 120.05, menacing a police officer or peace officer as defined in
   45  section 120.18, stalking in the first degree, as defined in  subdivision
   46  one  of section 120.60, strangulation in the second degree as defined in
   47  section 121.12, rape in the second degree as defined in section  130.30,
   48  criminal  sexual  act in the second degree as defined in section 130.45,
   49  sexual abuse in the first degree as defined in section 130.65, course of
   50  sexual conduct against a child  in  the  second  degree  as  defined  in
   51  section  130.80,  aggravated sexual abuse in the third degree as defined
   52  in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
   53  substance  as defined in section 130.90, LABOR TRAFFICKING AS DEFINED IN
   54  PARAGRAPHS (A) AND (B) OF SUBDIVISION THREE OF SECTION 135.35,  criminal
   55  possession  of  a  weapon  in the third degree as defined in subdivision
   56  five, six, seven, eight, nine or ten of section 265.02, criminal sale of
       S. 5879--A                          3
    1  a firearm in the third degree as defined in section 265.11, intimidating
    2  a victim or witness in the second degree as defined in  section  215.16,
    3  soliciting  or  providing  support for an act of terrorism in the second
    4  degree  as defined in section 490.10, and making a terroristic threat as
    5  defined in section 490.20, falsely reporting an incident  in  the  first
    6  degree  as  defined in section 240.60, placing a false bomb or hazardous
    7  substance in the first degree as defined in section  240.62,  placing  a
    8  false  bomb  or  hazardous  substance in a sports stadium or arena, mass
    9  transportation facility or enclosed shopping mall as defined in  section
   10  240.63,  and  aggravated  unpermitted  use of indoor pyrotechnics in the
   11  first degree as defined in section 405.18.
   12    S 4. Paragraph (a) of subdivision 1 of section 70.80 of the penal law,
   13  as added by chapter 7 of the  laws  of  2007,  is  amended  to  read  as
   14  follows:
   15    (a)  For  the purposes of this section, a "felony sex offense" means a
   16  conviction of any felony defined in article one hundred thirty  of  this
   17  chapter,  including a sexually motivated felony, or patronizing a [pros-
   18  titute] PERSON FOR PROSTITUTION  in  the  first  degree  as  defined  in
   19  section 230.06 of this chapter, PATRONIZING A PERSON FOR PROSTITUTION IN
   20  THE  SECOND  DEGREE AS DEFINED IN SECTION 230.05 OF THIS CHAPTER, AGGRA-
   21  VATED PATRONIZING A MINOR  FOR  PROSTITUTION  IN  THE  THIRD  DEGREE  AS
   22  DEFINED  IN  SECTION  230.11  OF  THIS CHAPTER, AGGRAVATED PATRONIZING A
   23  MINOR FOR PROSTITUTION IN THE SECOND DEGREE AS DEFINED IN SECTION 230.12
   24  OF THIS CHAPTER, AGGRAVATED PATRONIZING  A  MINOR  FOR  PROSTITUTION  IN
   25  FIRST DEGREE AS DEFINED IN SECTION 230.13 OF THIS CHAPTER, incest in the
   26  second degree as defined in section 255.26 of this chapter, or incest in
   27  the  first  degree  as  defined  in section 255.27 of this chapter, or a
   28  felony attempt or conspiracy to commit any of the above.
   29    S 5. Section 135.35 of the penal law, as added by chapter  74  of  the
   30  laws of 2007, is amended to read as follows:
   31  S 135.35 Labor trafficking.
   32    A  person  is  guilty  of  labor  trafficking  if he or she compels or
   33  induces another to engage in labor or  recruits,  entices,  harbors,  or
   34  transports such other person by means of intentionally:
   35    1.  [unlawfully  providing  a controlled substance to such person with
   36  intent to impair said person's judgment;
   37    2.] requiring that the labor be performed to retire, repay, or service
   38  a real or purported debt that the actor has caused by a systematic ongo-
   39  ing course of conduct with intent to defraud such person;
   40    [3.]  2.  withholding,  destroying,  or  confiscating  any  actual  or
   41  purported  passport,  immigration  document,  or  any  other  actual  or
   42  purported government identification document,  of  another  person  with
   43  intent  to  impair said person's freedom of movement; provided, however,
   44  that this subdivision shall not apply to an attempt to correct a  social
   45  security  administration  record or immigration agency record in accord-
   46  ance with any local, state, or federal agency  requirement,  where  such
   47  attempt is not made for the purpose of any express or implied threat;
   48    [4.]  3.  using  force  or  engaging in any scheme, plan or pattern to
   49  compel or induce such person to engage in or continue to engage in labor
   50  activity by means of instilling a fear  in  such  person  that,  if  the
   51  demand is not complied with, the actor or another will do one or more of
   52  the following:
   53    (a)  cause  physical  injury,  serious  physical injury, or death to a
   54  person; or
   55    (b) cause damage to property, other than the property of the actor; or
       S. 5879--A                          4
    1    (c) engage in other conduct constituting a felony or  unlawful  impri-
    2  sonment  in  the  second  degree  in violation of section 135.05 of this
    3  [chapter] ARTICLE; or
    4    (d)  accuse some person of a crime or cause criminal charges or depor-
    5  tation proceedings to  be  instituted  against  such  person;  provided,
    6  however,  that  it  shall  be an affirmative defense to this subdivision
    7  that the defendant reasonably believed the threatened charge to be  true
    8  and  that  his or her sole purpose was to compel or induce the victim to
    9  take reasonable action to make good the wrong which was the  subject  of
   10  such threatened charge; or
   11    (e)  expose  a  secret  or publicize an asserted fact, whether true or
   12  false, tending to subject some person to hatred, contempt  or  ridicule;
   13  or
   14    (f)  testify  or provide information or withhold testimony or informa-
   15  tion with respect to another's legal claim or defense; or
   16    (g) use or abuse his or her position as a public servant by performing
   17  some act within or related to his or her official duties, or by  failing
   18  or  refusing  to  perform  an official duty, in such manner as to affect
   19  some person adversely.
   20    Labor trafficking is a class D felony.
   21    S 6. The penal law is amended by adding a new section 135.37  to  read
   22  as follows:
   23  S 135.37 AGGRAVATED LABOR TRAFFICKING.
   24    A  PERSON  IS  GUILTY  OF  AGGRAVATED  LABOR  TRAFFICKING IF HE OR SHE
   25  COMPELS OR INDUCES ANOTHER TO ENGAGE  IN  LABOR  OR  RECRUITS,  ENTICES,
   26  HARBORS,  OR TRANSPORTS SUCH OTHER PERSON TO ENGAGE IN LABOR BY MEANS OF
   27  INTENTIONALLY UNLAWFULLY PROVIDING A CONTROLLED SUBSTANCE TO SUCH PERSON
   28  WITH INTENT TO IMPAIR SAID PERSON'S JUDGMENT.
   29    AGGRAVATED LABOR TRAFFICKING IS A CLASS C FELONY.
   30    S 7. Paragraph (a) of subdivision 1 of section  460.10  of  the  penal
   31  law,  as  amended by chapter 405 of the laws of 2010, is amended to read
   32  as follows:
   33    (a) Any of the felonies set forth in this  chapter:  sections  120.05,
   34  120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat-
   35  ing  to  strangulation;  sections 125.10 to 125.27 relating to homicide;
   36  sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and
   37  135.25 relating to kidnapping;  [section]  SECTIONS  135.35  AND  135.37
   38  relating  to  labor  trafficking;  section  135.65 relating to coercion;
   39  sections 140.20,  140.25  and  140.30  relating  to  burglary;  sections
   40  145.05,  145.10  and  145.12  relating to criminal mischief; article one
   41  hundred fifty relating to arson; sections  155.30,  155.35,  155.40  and
   42  155.42  relating  to  grand larceny; sections 177.10, 177.15, 177.20 and
   43  177.25 relating to health care fraud; article one hundred sixty relating
   44  to robbery; sections 165.45, 165.50, 165.52 and 165.54 relating to crim-
   45  inal possession of stolen property; sections 165.72 and 165.73  relating
   46  to  trademark  counterfeiting;  sections 170.10, 170.15, 170.25, 170.30,
   47  170.40, 170.65 and 170.70 relating to forgery; sections 175.10,  175.25,
   48  175.35, 175.40 and 210.40 relating to false statements; sections 176.15,
   49  176.20,  176.25  and 176.30 relating to insurance fraud; sections 178.20
   50  and 178.25 relating to criminal diversion  of  prescription  medications
   51  and  prescriptions;  sections  180.03,  180.08,  180.15, 180.25, 180.40,
   52  180.45, 200.00, 200.03, 200.04, 200.10, 200.11, 200.12, 200.20,  200.22,
   53  200.25,  200.27, 215.00, 215.05 and 215.19 relating to bribery; sections
   54  187.10, 187.15, 187.20  and  187.25  relating  to  residential  mortgage
   55  fraud,  sections  190.40  and 190.42 relating to criminal usury; section
   56  190.65 relating to schemes to defraud; sections 205.60 and 205.65 relat-
       S. 5879--A                          5
    1  ing to hindering prosecution; sections 210.10, 210.15, and 215.51 relat-
    2  ing to perjury and contempt; section 215.40 relating to  tampering  with
    3  physical  evidence;  sections  220.06,  220.09,  220.16, 220.18, 220.21,
    4  220.31,  220.34,  220.39,  220.41,  220.43,  220.46,  220.55, 220.60 and
    5  220.77 relating to controlled substances;  sections  225.10  and  225.20
    6  relating  to  gambling;  sections 230.25, 230.30, and 230.32 relating to
    7  promoting prostitution; section  230.34  relating  to  sex  trafficking;
    8  sections  235.06,  235.07,  235.21  and  235.22  relating  to obscenity;
    9  sections 263.10 and 263.15 relating to promoting a sexual performance by
   10  a child; sections 265.02, 265.03, 265.04, 265.11, 265.12, 265.13 and the
   11  provisions of section 265.10  which  constitute  a  felony  relating  to
   12  firearms  and  other  dangerous  weapons; and sections 265.14 and 265.16
   13  relating to criminal sale of a  firearm;  and  section  275.10,  275.20,
   14  275.30,  or  275.40  relating  to  unauthorized recordings; and sections
   15  470.05, 470.10, 470.15 and 470.20 relating to money laundering; or
   16    S 8. Paragraphs (b) and (h) of subdivision 8 of section 700.05 of  the
   17  criminal  procedure  law, paragraph (b) as amended by chapter 405 of the
   18  laws of 2010 and paragraph (h) as amended by chapter 154 of the laws  of
   19  1990, are amended to read as follows:
   20    (b)  Any  of  the  following felonies: assault in the second degree as
   21  defined in section 120.05 of the penal law, assault in the first  degree
   22  as  defined in section 120.10 of the penal law, reckless endangerment in
   23  the first degree as defined in section 120.25 of the penal law,  promot-
   24  ing  a  suicide  attempt  as defined in section 120.30 of the penal law,
   25  strangulation in the second degree as defined in section 121.12  of  the
   26  penal  law,  strangulation  in  the  first  degree as defined in section
   27  121.13 of the penal law, criminally negligent  homicide  as  defined  in
   28  section  125.10  of  the penal law, manslaughter in the second degree as
   29  defined in section 125.15 of the penal law, manslaughter  in  the  first
   30  degree  as  defined  in  section  125.20 of the penal law, murder in the
   31  second degree as defined in section 125.25 of the penal law,  murder  in
   32  the first degree as defined in section 125.27 of the penal law, abortion
   33  in  the  second  degree  as  defined in section 125.40 of the penal law,
   34  abortion in the first degree as defined in section 125.45 of  the  penal
   35  law,  rape in the third degree as defined in section 130.25 of the penal
   36  law, rape in the second degree as defined in section 130.30 of the penal
   37  law, rape in the first degree as defined in section 130.35 of the  penal
   38  law,  criminal  sexual  act  in  the  third degree as defined in section
   39  130.40 of the penal law, criminal sexual act in  the  second  degree  as
   40  defined  in  section 130.45 of the penal law, criminal sexual act in the
   41  first degree as defined in section 130.50 of the penal law, sexual abuse
   42  in the first degree as defined in  section  130.65  of  the  penal  law,
   43  unlawful  imprisonment  in the first degree as defined in section 135.10
   44  of the penal law, kidnapping in the second degree as defined in  section
   45  135.20  of  the  penal law, kidnapping in the first degree as defined in
   46  section 135.25 of the penal law, labor trafficking as defined in section
   47  135.35 of the penal law, AGGRAVATED  LABOR  TRAFFICKING  AS  DEFINED  IN
   48  SECTION  135.37  OF  THE  PENAL LAW, custodial interference in the first
   49  degree as defined in section 135.50 of the penal law,  coercion  in  the
   50  first  degree  as  defined  in section 135.65 of the penal law, criminal
   51  trespass in the first degree as defined in section 140.17 of  the  penal
   52  law,  burglary  in  the third degree as defined in section 140.20 of the
   53  penal law, burglary in the second degree as defined in section 140.25 of
   54  the penal law, burglary in the first degree as defined in section 140.30
   55  of the penal law, criminal mischief in the third degree  as  defined  in
   56  section  145.05 of the penal law, criminal mischief in the second degree
       S. 5879--A                          6
    1  as defined in section 145.10 of the penal law, criminal mischief in  the
    2  first  degree  as  defined  in section 145.12 of the penal law, criminal
    3  tampering in the first degree as defined in section 145.20 of the  penal
    4  law,  arson  in  the  fourth  degree as defined in section 150.05 of the
    5  penal law, arson in the third degree as defined in section 150.10 of the
    6  penal law, arson in the second degree as defined in  section  150.15  of
    7  the penal law, arson in the first degree as defined in section 150.20 of
    8  the  penal law, grand larceny in the fourth degree as defined in section
    9  155.30 of the penal law, grand larceny in the third degree as defined in
   10  section 155.35 of the penal law, grand larceny in the second  degree  as
   11  defined  in  section 155.40 of the penal law, grand larceny in the first
   12  degree as defined in section 155.42 of the penal law, health care  fraud
   13  in  the  fourth  degree  as  defined in section 177.10 of the penal law,
   14  health care fraud in the third degree as defined in  section  177.15  of
   15  the  penal  law,  health  care  fraud in the second degree as defined in
   16  section 177.20 of the penal law, health care fraud in the  first  degree
   17  as  defined  in  section  177.25  of the penal law, robbery in the third
   18  degree as defined in section 160.05 of the penal  law,  robbery  in  the
   19  second  degree as defined in section 160.10 of the penal law, robbery in
   20  the first degree as defined in section 160.15 of the penal law, unlawful
   21  use of secret scientific material as defined in section  165.07  of  the
   22  penal  law,  criminal possession of stolen property in the fourth degree
   23  as defined in section 165.45 of the penal law,  criminal  possession  of
   24  stolen  property in the third degree as defined in section 165.50 of the
   25  penal law, criminal possession of stolen property in the  second  degree
   26  as  defined  by  section 165.52 of the penal law, criminal possession of
   27  stolen property in the first degree as defined by section 165.54 of  the
   28  penal  law,  trademark counterfeiting in the second degree as defined in
   29  section 165.72 of the penal law, trademark counterfeiting in  the  first
   30  degree  as  defined  in  section 165.73 of the penal law, forgery in the
   31  second degree as defined in section 170.10 of the penal law, forgery  in
   32  the first degree as defined in section 170.15 of the penal law, criminal
   33  possession  of  a  forged  instrument in the second degree as defined in
   34  section 170.25 of the penal law, criminal possession of a forged instru-
   35  ment in the first degree as defined in section 170.30 of the penal  law,
   36  criminal  possession  of forgery devices as defined in section 170.40 of
   37  the penal law, falsifying  business  records  in  the  first  degree  as
   38  defined  in  section  175.10  of  the  penal  law, tampering with public
   39  records in the first degree as defined in section 175.25  of  the  penal
   40  law,  offering  a  false  instrument  for  filing in the first degree as
   41  defined in section 175.35 of the penal law, issuing a false  certificate
   42  as  defined  in  section  175.40 of the penal law, criminal diversion of
   43  prescription medications and  prescriptions  in  the  second  degree  as
   44  defined  in  section  178.20  of  the  penal  law, criminal diversion of
   45  prescription medications  and  prescriptions  in  the  first  degree  as
   46  defined  in  section 178.25 of the penal law, residential mortgage fraud
   47  in the fourth degree as defined in section  187.10  of  the  penal  law,
   48  residential  mortgage  fraud  in  the third degree as defined in section
   49  187.15 of the penal law, residential mortgage fraud in the second degree
   50  as defined in section 187.20 of  the  penal  law,  residential  mortgage
   51  fraud in the first degree as defined in section 187.25 of the penal law,
   52  escape  in  the  second degree as defined in section 205.10 of the penal
   53  law, escape in the first degree as defined  in  section  205.15  of  the
   54  penal  law,  absconding  from  temporary  release in the first degree as
   55  defined in section 205.17 of the penal law, promoting prison  contraband
   56  in  the  first  degree  as  defined  in section 205.25 of the penal law,
       S. 5879--A                          7
    1  hindering prosecution in the second degree as defined in section  205.60
    2  of  the  penal law, hindering prosecution in the first degree as defined
    3  in section 205.65 of the  penal  law,  sex  trafficking  as  defined  in
    4  section  230.34 of the penal law, criminal possession of a weapon in the
    5  third degree as defined in subdivisions two, three and five  of  section
    6  265.02  of  the penal law, criminal possession of a weapon in the second
    7  degree  as  defined  in  section  265.03  of  the  penal  law,  criminal
    8  possession  of a weapon in the first degree as defined in section 265.04
    9  of the penal law, manufacture, transport, disposition and defacement  of
   10  weapons  and dangerous instruments and appliances defined as felonies in
   11  subdivisions one, two, and three of section 265.10  of  the  penal  law,
   12  sections  265.11,  265.12 and 265.13 of the penal law, or prohibited use
   13  of weapons as defined in subdivision two of section 265.35 of the  penal
   14  law,  relating  to  firearms  and other dangerous weapons, or failure to
   15  disclose the origin of a recording in the first  degree  as  defined  in
   16  section 275.40 of the penal law;
   17    (h)  Promoting prostitution in the first degree, as defined in section
   18  230.32 of the penal law, promoting prostitution in the second degree, as
   19  defined by subdivision one of section 230.30 of the penal law, PROMOTING
   20  PROSTITUTION IN THE THIRD DEGREE, AS DEFINED IN SECTION  230.25  OF  THE
   21  PENAL LAW;
   22    S  9.  The penal law is amended by adding a new section 230.01 to read
   23  as follows:
   24  S 230.01 PROSTITUTION; AFFIRMATIVE DEFENSE.
   25    IN ANY PROSECUTION UNDER SECTION 230.00, SECTION 230.03 OR SUBDIVISION
   26  TWO OF SECTION 240.37 OF THIS PART, IT IS AN  AFFIRMATIVE  DEFENSE  THAT
   27  THE DEFENDANT'S PARTICIPATION IN THE OFFENSE WAS A RESULT OF HAVING BEEN
   28  A  VICTIM  OF  COMPELLING PROSTITUTION UNDER SECTION 230.33, A VICTIM OF
   29  SEX TRAFFICKING UNDER SECTION 230.34 OF THIS  ARTICLE  OR  A  VICTIM  OF
   30  TRAFFICKING  IN  PERSONS  UNDER  THE  TRAFFICKING VICTIMS PROTECTION ACT
   31  (UNITED STATES CODE, TITLE 22, CHAPTER 78).
   32    S 10. The section heading and subdivision 1 of section 230.02  of  the
   33  penal law, as amended by chapter 627 of the laws of 1978, are amended to
   34  read as follows:
   35    Patronizing a [prostitute] PERSON FOR PROSTITUTION; definitions.
   36    1. A person patronizes a [prostitute] PERSON FOR PROSTITUTION when:
   37    (a) Pursuant to a prior understanding, he OR SHE pays a fee to another
   38  person  as compensation for such person or a third person having engaged
   39  in sexual conduct with him OR HER; or
   40    (b) He OR SHE pays or agrees to pay a fee to another  person  pursuant
   41  to  an  understanding  that  in  return  therefor such person or a third
   42  person will engage in sexual conduct with him OR HER; or
   43    (c) He OR SHE solicits or requests another person to engage in  sexual
   44  conduct with him OR HER in return for a fee.
   45    S  11.  Subdivision  2 of section 230.03 of the penal law, as added by
   46  chapter 191 of the laws of 2011, is amended to read as follows:
   47    2. For the purposes of this section, SECTION 230.08 and section 230.19
   48  of this article, "school zone" means (a) in or on or within  any  build-
   49  ing,  structure,  athletic  playing  field, playground or land contained
   50  within the real property boundary line of a public or private  elementa-
   51  ry, parochial, intermediate, junior high, vocational, or high school, or
   52  (b)  any  public  sidewalk,  street,  parking  lot,  park, playground or
   53  private land, located immediately adjacent to the boundary line of  such
   54  school.
   55    S 12. Section 230.04 of the penal law, as amended by chapter 74 of the
   56  laws of 2007, is amended to read as follows:
       S. 5879--A                          8
    1  S 230.04 Patronizing a [prostitute] PERSON FOR PROSTITUTION in the third
    2             degree.
    3    A  person is guilty of patronizing a [prostitute] PERSON FOR PROSTITU-
    4  TION in the third degree when he or she patronizes a [prostitute] PERSON
    5  FOR PROSTITUTION.
    6    Patronizing a [prostitute] PERSON FOR PROSTITUTION in the third degree
    7  is a class A misdemeanor.
    8    S 13. Section 230.05 of the penal law, as added by chapter 627 of  the
    9  laws of 1978, is amended to read as follows:
   10  S 230.05 Patronizing  a  [prostitute]  PERSON  FOR  PROSTITUTION  in the
   11             second degree.
   12    A person is guilty of patronizing a [prostitute] PERSON FOR  PROSTITU-
   13  TION in the second degree when, being [over] eighteen years [of age] OLD
   14  OR MORE, he OR SHE patronizes a [prostitute] PERSON FOR PROSTITUTION and
   15  the  person  patronized  is  less than [fourteen] FIFTEEN years [of age]
   16  OLD.
   17    Patronizing a [prostitute]  PERSON  FOR  PROSTITUTION  in  the  second
   18  degree is a class E felony.
   19    S  14. Section 230.06 of the penal law, as added by chapter 627 of the
   20  laws of 1978, is amended to read as follows:
   21  S 230.06 Patronizing a [prostitute] PERSON FOR PROSTITUTION in the first
   22             degree.
   23    A person is guilty of patronizing a [prostitute] PERSON FOR  PROSTITU-
   24  TION in the first degree when [he]:
   25    1. HE OR SHE patronizes a [prostitute] PERSON FOR PROSTITUTION and the
   26  person patronized is less than eleven years [of age] OLD; OR
   27    2. BEING EIGHTEEN YEARS OLD OR MORE, HE OR SHE PATRONIZES A PERSON FOR
   28  PROSTITUTION AND THE PERSON PATRONIZED IS LESS THAN THIRTEEN YEARS OLD.
   29    Patronizing a [prostitute] PERSON FOR PROSTITUTION in the first degree
   30  is a class D felony.
   31    S 15. Section 230.07 of the penal law, as amended by chapter 74 of the
   32  laws of 2007, is amended to read as follows:
   33  S 230.07 Patronizing a [prostitute] PERSON FOR PROSTITUTION; defense.
   34    In any prosecution for patronizing a [prostitute] PERSON FOR PROSTITU-
   35  TION  in the first or second degrees OR PATRONIZING A PERSON FOR PROSTI-
   36  TUTION IN A SCHOOL ZONE, it is a defense that the defendant did not have
   37  reasonable grounds to believe that the person  was  less  than  the  age
   38  specified.
   39    S  16. The penal law is amended by adding a new section 230.08 to read
   40  as follows:
   41  S 230.08 PATRONIZING A PERSON FOR PROSTITUTION IN A SCHOOL ZONE.
   42    1. A PERSON IS GUILTY OF PATRONIZING A PERSON FOR  PROSTITUTION  IN  A
   43  SCHOOL  ZONE  WHEN,  BEING  TWENTY-ONE  YEARS OF AGE OR OLDER, HE OR SHE
   44  PATRONIZES A PERSON FOR PROSTITUTION AND THE PERSON PATRONIZED  IS  LESS
   45  THAN  EIGHTEEN  YEARS OF AGE AT A PLACE THAT HE OR SHE KNOWS, OR REASON-
   46  ABLY SHOULD KNOW, IS IN A SCHOOL ZONE.
   47    2. FOR PURPOSES OF THIS SECTION,  "SCHOOL  ZONE"  SHALL  MEAN  "SCHOOL
   48  ZONE" AS DEFINED IN SUBDIVISION TWO OF SECTION 230.03 OF THIS ARTICLE.
   49    PATRONIZING  A  PERSON  FOR PROSTITUTION IN A SCHOOL ZONE IS A CLASS E
   50  FELONY.
   51    S 17. The section heading and the opening paragraph of section  230.10
   52  of the penal law are amended to read as follows:
   53    Prostitution  and  patronizing a [prostitute] PERSON FOR PROSTITUTION;
   54  no defense.
   55    In any prosecution for  prostitution  or  patronizing  a  [prostitute]
   56  PERSON  FOR  PROSTITUTION,  the  sex  of  the two parties or prospective
       S. 5879--A                          9
    1  parties to the sexual conduct engaged in, contemplated or  solicited  is
    2  immaterial, and it is no defense that:
    3    S  18.  The  penal law is amended by adding three new sections 230.11,
    4  230.12 and 230.13 to read as follows:
    5  S 230.11 AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION  IN  THE  THIRD
    6             DEGREE.
    7    A  PERSON IS GUILTY OF AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION
    8  IN THE THIRD DEGREE WHEN, BEING TWENTY-ONE YEARS OLD OR MORE, HE OR  SHE
    9  PATRONIZES  A  PERSON FOR PROSTITUTION AND THE PERSON PATRONIZED IS LESS
   10  THAN SEVENTEEN YEARS OLD AND THE PERSON GUILTY OF PATRONIZING ENGAGES IN
   11  SEXUAL INTERCOURSE, ORAL SEXUAL CONDUCT, ANAL SEXUAL CONDUCT, OR  AGGRA-
   12  VATED  SEXUAL  CONDUCT  AS  THOSE TERMS ARE DEFINED IN SECTION 130.00 OF
   13  THIS PART.
   14    AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE THIRD DEGREE IS
   15  A CLASS E FELONY.
   16  S 230.12 AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN  THE  SECOND
   17             DEGREE.
   18    A  PERSON IS GUILTY OF AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION
   19  IN THE SECOND DEGREE WHEN, BEING EIGHTEEN YEARS OLD OR MORE, HE  OR  SHE
   20  PATRONIZES  A  PERSON FOR PROSTITUTION AND THE PERSON PATRONIZED IS LESS
   21  THAN FIFTEEN YEARS OLD AND THE PERSON GUILTY OF PATRONIZING  ENGAGES  IN
   22  SEXUAL  INTERCOURSE, ORAL SEXUAL CONDUCT, ANAL SEXUAL CONDUCT, OR AGGRA-
   23  VATED SEXUAL CONDUCT AS THOSE TERMS ARE DEFINED  IN  SECTION  130.00  OF
   24  THIS PART.
   25    AGGRAVATED  PATRONIZING  A MINOR FOR PROSTITUTION IN THE SECOND DEGREE
   26  IS A CLASS D FELONY.
   27  S 230.13 AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION  IN  THE  FIRST
   28             DEGREE.
   29    A  PERSON IS GUILTY OF AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION
   30  IN THE FIRST DEGREE WHEN HE OR SHE PATRONIZES A PERSON FOR  PROSTITUTION
   31  AND  THE PERSON PATRONIZED IS LESS THAN ELEVEN YEARS OLD, OR BEING EIGH-
   32  TEEN YEARS OLD OR MORE, HE OR SHE PATRONIZES A PERSON  FOR  PROSTITUTION
   33  AND  THE  PERSON  PATRONIZED  IS  LESS  THAN THIRTEEN YEARS OLD, AND THE
   34  PERSON GUILTY OF PATRONIZING ENGAGES IN SEXUAL INTERCOURSE, ORAL  SEXUAL
   35  CONDUCT,  ANAL  SEXUAL  CONDUCT,  OR  AGGRAVATED SEXUAL CONDUCT AS THOSE
   36  TERMS ARE DEFINED IN SECTION 130.00 OF THIS PART.
   37    AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE FIRST DEGREE IS
   38  A CLASS B FELONY.
   39    S 19. Subdivisions 1 and 2 of section 230.15  of  the  penal  law  are
   40  amended to read as follows:
   41    1.  "Advance  prostitution."  A  person  "advances prostitution" when,
   42  acting other than as a [prostitute]  PERSON  IN  PROSTITUTION  or  as  a
   43  patron thereof, he OR SHE knowingly causes or aids a person to commit or
   44  engage  in  prostitution, procures or solicits patrons for prostitution,
   45  provides persons or premises  for  prostitution  purposes,  operates  or
   46  assists  in  the  operation of a house of prostitution or a prostitution
   47  enterprise, or engages in any other conduct designed to  institute,  aid
   48  or facilitate an act or enterprise of prostitution.
   49    2.  "Profit  from  prostitution." A person "profits from prostitution"
   50  when, acting other than as a [prostitute] PERSON IN PROSTITUTION receiv-
   51  ing compensation for personally rendered prostitution  services,  he  OR
   52  SHE accepts or receives money or other property pursuant to an agreement
   53  or understanding with any person whereby he OR SHE participates or is to
   54  participate in the proceeds of prostitution activity.
   55    S  20.  Subdivision  1 of section 230.19 of the penal law, as added by
   56  chapter 191 of the laws of 2011, is amended to read as follows:
       S. 5879--A                         10
    1    1. A person is guilty of promoting prostitution in a school zone when,
    2  being nineteen years [of age] OLD or [older] MORE, he or  she  knowingly
    3  advances or profits from prostitution that he or she knows or reasonably
    4  should  know  is  or will be committed in violation of section 230.03 of
    5  this  article  in  a  school  zone  during  the  hours that school is in
    6  session.
    7    S 21. The opening paragraph and subdivision 1 of section 230.25 of the
    8  penal law, the opening paragraph as amended by chapter 627 of  the  laws
    9  of  1978 and subdivision 1 as amended by chapter 74 of the laws of 2007,
   10  are amended to read as follows:
   11    A person is guilty of promoting prostitution in the third degree  when
   12  he OR SHE knowingly:
   13    1.  Advances  or  profits  from prostitution by managing, supervising,
   14  controlling or owning, either alone or in  association  with  others,  a
   15  house of prostitution or a prostitution business or enterprise involving
   16  prostitution  activity by two or more [prostitutes] PERSONS IN PROSTITU-
   17  TION, or a business that sells travel-related services knowing that such
   18  services include or are intended to facilitate travel for the purpose of
   19  patronizing a [prostitute]  PERSON  FOR  PROSTITUTION,  including  to  a
   20  foreign  jurisdiction  and regardless of the legality of prostitution in
   21  said foreign jurisdiction; or
   22    S 22. Section 230.30 of the penal law, as amended by  chapter  627  of
   23  the laws of 1978, is amended to read as follows:
   24  S 230.30 Promoting prostitution in the second degree.
   25    A person is guilty of promoting prostitution in the second degree when
   26  he OR SHE knowingly:
   27    1.  Advances  prostitution  by  compelling a person by force or intim-
   28  idation to engage in prostitution, or profits from such coercive conduct
   29  by another; or
   30    2. Advances or  profits  from  prostitution  of  a  person  less  than
   31  [sixteen] EIGHTEEN years old.
   32    Promoting prostitution in the second degree is a class C felony.
   33    S  23. The first undesignated paragraph of section 230.32 of the penal
   34  law, as added by chapter 627 of the laws of 1978, is amended to read  as
   35  follows:
   36    A  person is guilty of promoting prostitution in the first degree when
   37  he OR SHE:
   38    1. knowingly advances or profits from prostitution of  a  person  less
   39  than [eleven] THIRTEEN years old; OR
   40    2. BEING TWENTY-ONE YEARS OLD OR MORE, HE OR SHE KNOWINGLY ADVANCES OR
   41  PROFITS FROM PROSTITUTION OF A PERSON LESS THAN FIFTEEN YEARS OF AGE.
   42    S  24. Section 230.33 of the penal law, as added by chapter 450 of the
   43  laws of 2005, is amended to read as follows:
   44  S 230.33 Compelling prostitution.
   45    A person is guilty of compelling prostitution when, being [twenty-one]
   46  EIGHTEEN years [of age or older]  OLD  OR  MORE,  he  or  she  knowingly
   47  advances  prostitution  by compelling a person less than [sixteen] EIGH-
   48  TEEN years old, by force or intimidation, to engage in prostitution.
   49    Compelling prostitution is a class B felony.
   50    S 25. Section 230.35 of the penal law, as amended by  chapter  450  of
   51  the laws of 2005, is amended to read as follows:
   52  S 230.35 Promoting or compelling prostitution; accomplice.
   53    In  a  prosecution  for promoting prostitution or compelling prostitu-
   54  tion, a person less than [seventeen] EIGHTEEN years [of  age]  OLD  from
   55  whose  prostitution  activity another person is alleged to have advanced
       S. 5879--A                         11
    1  or attempted to advance or profited or attempted to profit shall not  be
    2  deemed to be an accomplice.
    3    S  26. The first undesignated paragraph of section 230.40 of the penal
    4  law is amended to read as follows:
    5    A person is guilty of permitting prostitution when, having  possession
    6  or  control  of premises OR VEHICLE which he OR SHE knows are being used
    7  for prostitution purposes OR FOR THE PURPOSE OF ADVANCING  PROSTITUTION,
    8  he OR SHE fails to make reasonable effort to halt or abate such use.
    9    S  27.  Subdivision  2 of section 240.37 of the penal law, as added by
   10  chapter 344 of the laws of 1976, is amended, and subdivision 3 is renum-
   11  bered subdivision 4 and a new subdivision 3 is added to read as follows:
   12    2. Any person who remains or wanders  about  in  a  public  place  and
   13  repeatedly  beckons  to,  or repeatedly stops, or repeatedly attempts to
   14  stop, or repeatedly attempts to engage passers-by  in  conversation,  or
   15  repeatedly  stops  or  attempts  to  stop  motor vehicles, or repeatedly
   16  interferes with the free passage of other persons, for  the  purpose  of
   17  prostitution[,  or  of  patronizing  a prostitute as those terms are] AS
   18  THAT TERM IS defined in article two hundred thirty of  [the  penal  law]
   19  THIS  PART,  shall  be  guilty of a violation and is guilty of a class B
   20  misdemeanor if such person has previously been convicted of a  violation
   21  of  this  section  or  of  [sections] SECTION 230.00 [or 230.05] of [the
   22  penal law] THIS PART.
   23    3. ANY PERSON WHO REMAINS OR WANDERS  ABOUT  IN  A  PUBLIC  PLACE  AND
   24  REPEATEDLY  BECKONS  TO,  OR REPEATEDLY STOPS, OR REPEATEDLY ATTEMPTS TO
   25  STOP, OR REPEATEDLY ATTEMPTS TO ENGAGE PASSERS-BY  IN  CONVERSATION,  OR
   26  REPEATEDLY  STOPS  OR  ATTEMPTS  TO  STOP  MOTOR VEHICLES, OR REPEATEDLY
   27  INTERFERES WITH THE FREE PASSAGE OF OTHER PERSONS, FOR  THE  PURPOSE  OF
   28  PATRONIZING  A  PERSON  FOR PROSTITUTION AS DEFINED IN SECTION 230.02 OF
   29  THIS PART, SHALL BE GUILTY OF A VIOLATION AND IS GUILTY  OF  A  CLASS  B
   30  MISDEMEANOR  IF SUCH PERSON HAS PREVIOUSLY BEEN CONVICTED OF A VIOLATION
   31  OF THIS SECTION OR OF SECTION 230.04, 230.05, 230.06 OR 230.08  OF  THIS
   32  PART.
   33    S  28.  Subdivision 6 of section 380.50 of the criminal procedure law,
   34  as amended by chapter 320 of the laws of 2006, is  amended  to  read  as
   35  follows:
   36    6.  Regardless of whether the victim requests to make a statement with
   37  regard to the defendant's sentence, where the defendant is sentenced for
   38  a violent felony offense as defined in section 70.02 of the penal law or
   39  a felony defined in article one hundred twenty-five of such law  or  any
   40  of the following provisions of such law sections 130.25, 130.30, 130.40,
   41  130.45, 255.25, 255.26, 255.27, article two hundred sixty-three, 135.10,
   42  135.25,  230.05,  230.06,  230.11,  230.12,  230.13,  subdivision two of
   43  section 230.30 or 230.32, the prosecutor shall, within sixty days of the
   44  imposition of sentence, provide the victim with  a  form  on  which  the
   45  victim  may  indicate  a demand to be informed of any petition to change
   46  the name of such defendant.   Such forms shall  be  maintained  by  such
   47  prosecutor. Upon receipt of a notice of a petition to change the name of
   48  any  such defendant, pursuant to subdivision two of section sixty-two of
   49  the civil rights law, the prosecutor shall promptly notify the victim at
   50  the most current address or telephone number provided by such victim  in
   51  the  most reasonable and expedient possible manner of the time and place
   52  such petition will be presented to the court.
   53    S 29. Paragraph (i) of subdivision 1 of section 440.10 of the criminal
   54  procedure law, as added by chapter 332 of the laws of 2010,  is  amended
   55  to read as follows:
       S. 5879--A                         12
    1    (i)  The judgment is a conviction where the arresting charge was under
    2  section 240.37 (loitering for the purpose of engaging in a  prostitution
    3  offense, provided that the defendant was not alleged to be loitering for
    4  the  purpose  of  patronizing a prostitute or promoting prostitution) or
    5  230.00  (prostitution)  OR  230.03 of the penal law, and the defendant's
    6  participation in the offense was a result of having been a victim of sex
    7  trafficking under section 230.34 of the  penal  law,  LABOR  TRAFFICKING
    8  UNDER  SECTION  135.35  OF  THE  PENAL LAW, AGGRAVATED LABOR TRAFFICKING
    9  UNDER SECTION 135.37 OF THE PENAL  LAW,  COMPELLING  PROSTITUTION  UNDER
   10  SECTION  230.33  OF  THE  PENAL LAW, or trafficking in persons under the
   11  Trafficking Victims Protection Act (United States Code, title 22,  chap-
   12  ter 78); provided that
   13    (i)  a  motion  under this paragraph shall be made with due diligence,
   14  after the defendant has ceased to be a victim  of  such  trafficking  OR
   15  COMPELLING PROSTITUTION CRIME or has sought services for victims of such
   16  trafficking  OR  COMPELLING  PROSTITUTION  CRIME,  subject to reasonable
   17  concerns for the safety of the defendant, family members of the  defend-
   18  ant,  or  other  victims  of such trafficking OR COMPELLING PROSTITUTION
   19  CRIME that may be jeopardized by the bringing of  such  motion,  or  for
   20  other reasons consistent with the purpose of this paragraph; and
   21    (ii)  official  documentation of the defendant's status as a victim of
   22  [sex] trafficking, COMPELLING PROSTITUTION or trafficking in persons  at
   23  the time of the offense from a federal, state or local government agency
   24  shall  create  a  presumption  that the defendant's participation in the
   25  offense was a result of having been a victim of sex trafficking, COMPEL-
   26  LING PROSTITUTION or trafficking in persons, but shall not  be  required
   27  for granting a motion under this paragraph.
   28    S 30. Section 483-bb of the social services law is amended by adding a
   29  new subdivision (c) to read as follows:
   30    (C) AN INDIVIDUAL WHO IS A VICTIM OF THE CONDUCT PROHIBITED BY SECTION
   31  230.33,  230.34,  135.35  OR  135.37  OF THE PENAL LAW MAY BRING A CIVIL
   32  ACTION AGAINST THE PERPETRATOR OR WHOEVER KNOWINGLY ADVANCES OR  PROFITS
   33  FROM,  OR WHOEVER SHOULD HAVE KNOWN HE OR SHE WAS ADVANCING OR PROFITING
   34  FROM, AN ACT IN VIOLATION OF SECTION 230.33, 230.34, 135.35 OR 135.37 OF
   35  THE PENAL LAW TO RECOVER DAMAGES AND REASONABLE ATTORNEY'S FEES.
   36    S 31. Section 212 of the civil practice law and rules  is  amended  by
   37  adding a new subdivision (e) to read as follows:
   38    (E)  BY A VICTIM OF SEX TRAFFICKING, COMPELLING PROSTITUTION, OR LABOR
   39  TRAFFICKING. AN ACTION BY A VICTIM OF SEX TRAFFICKING, COMPELLING  PROS-
   40  TITUTION,  LABOR  TRAFFICKING  OR  AGGRAVATED LABOR TRAFFICKING, BROUGHT
   41  PURSUANT TO SUBDIVISION (C) OF SECTION FOUR HUNDRED  EIGHTY-THREE-BB  OF
   42  THE  SOCIAL  SERVICES  LAW, MAY BE COMMENCED WITHIN TEN YEARS AFTER SUCH
   43  VICTIMIZATION OCCURS PROVIDED, HOWEVER, THAT SUCH TEN YEAR PERIOD  SHALL
   44  NOT  BEGIN  TO  RUN  AND  SHALL BE TOLLED DURING ANY PERIOD IN WHICH THE
   45  VICTIM IS OR REMAINS SUBJECT TO SUCH CONDUCT.
   46    S 32. Subdivision (a) of section 483-cc of the social services law, as
   47  added by chapter 74 of the laws of 2007, is amended to read as follows:
   48    (a) As soon as practicable after a first encounter with a  person  who
   49  reasonably  appears  to a law enforcement agency [or a], district attor-
   50  ney's office, OR AN ESTABLISHED PROVIDER OF  SOCIAL  OR  LEGAL  SERVICES
   51  DESIGNATED  BY  THE OFFICE OF TEMPORARY AND AND DISABILITY ASSISTANCE OR
   52  THE OFFICE FOR THE PREVENTION OF DOMESTIC  VIOLENCE  OR  THE  OFFICE  OF
   53  VICTIM  SERVICES  to be a human trafficking victim, that [agency or] LAW
   54  ENFORCEMENT AGENCY OR DISTRICT ATTORNEY'S office shall notify the office
   55  of temporary and disability assistance  and  the  division  of  criminal
   56  justice  services  that  such  person may be eligible for services under
       S. 5879--A                         13
    1  this article OR, IN THE CASE OF AN ESTABLISHED  PROVIDER  OF  SOCIAL  OR
    2  LEGAL  SERVICES,  SHALL  NOTIFY  THE  OFFICE OF TEMPORARY AND DISABILITY
    3  ASSISTANCE AND THE DIVISION OF CRIMINAL JUSTICE SERVICES IF SUCH  VICTIM
    4  CONSENTS TO SEEKING SERVICES PURSUANT TO THIS ARTICLE.
    5    S 33. Section 14 of chapter 74 of the laws of 2007, amending the penal
    6  law, the criminal procedure law, the correction law, the social services
    7  law,  and the executive law relating to human trafficking, as amended by
    8  chapter 24 of the laws of 2011, is amended to read as follows:
    9    S 14.   This act shall take effect  on  the  first  of  November  next
   10  succeeding  the  date on which it shall have become a law; provided that
   11  section 483-ee of the social services law, as added by section eleven of
   12  this act, shall take effect immediately and shall remain in  full  force
   13  and  effect  until  September  1,  [2013]  2018  when upon such date the
   14  provisions  of  such  section  shall  expire  and  be  deemed  repealed.
   15  Provided,  effective  immediately, the addition, amendment and/or repeal
   16  of any rule or regulation necessary for the timely implementation of the
   17  provisions of article 10-D of the  social  services  law,  as  added  by
   18  section  eleven  of this act, on its effective date are authorized to be
   19  made on or before such effective date.
   20    S 34. Subdivision (p) of section 10.03 of the mental hygiene  law,  as
   21  added by chapter 7 of the laws of 2007, is amended to read as follows:
   22    (p)  "Sex  offense"  means an act or acts constituting: (1) any felony
   23  defined in article one hundred thirty of  the  penal  law,  including  a
   24  sexually  motivated  felony;  (2)  patronizing a [prostitute] PERSON FOR
   25  PROSTITUTION in the first degree as defined in  section  230.06  of  the
   26  penal  law, AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE FIRST
   27  DEGREE AS DEFINED IN SECTION 230.13 OF THE PENAL LAW, AGGRAVATED PATRON-
   28  IZING A MINOR FOR PROSTITUTION  IN  THE  SECOND  DEGREE  AS  DEFINED  IN
   29  SECTION  230.12  OF  THE  PENAL  LAW, AGGRAVATED PATRONIZING A MINOR FOR
   30  PROSTITUTION IN THE THIRD DEGREE AS DEFINED IN  SECTION  230.11  OF  THE
   31  PENAL  LAW,  incest in the second degree as defined in section 255.26 of
   32  the penal law, or incest in the  first  degree  as  defined  in  section
   33  255.27  of  the  penal law; (3) a felony attempt or conspiracy to commit
   34  any of the foregoing offenses set forth in this subdivision;  or  (4)  a
   35  designated  felony,  as  defined  in subdivision (f) of this section, if
   36  sexually motivated and committed prior to the  effective  date  of  this
   37  article.
   38    S  35.  Subparagraph  (i) of paragraph (a) of subdivision 2 of section
   39  168-a of the correction law, as amended by chapter 405 of  the  laws  of
   40  2008, is amended to read as follows:
   41    (i)  a  conviction  of or a conviction for an attempt to commit any of
   42  the provisions of  sections  120.70,  130.20,  130.25,  130.30,  130.40,
   43  130.45, 130.60, 230.34, 250.50, 255.25, 255.26 and 255.27 or article two
   44  hundred  sixty-three of the penal law, or section 135.05, 135.10, 135.20
   45  or 135.25 of such law relating  to  kidnapping  offenses,  provided  the
   46  victim  of  such  kidnapping  or  related offense is less than seventeen
   47  years old and the offender is not the parent of the victim,  or  section
   48  230.04, where the person patronized is in fact less than seventeen years
   49  of  age,  230.05  [or], 230.06, [or] 230.11, 230.12, 230.13, subdivision
   50  two of section 230.30, [or] section 230.32 [or], 230.33,  OR  230.34  of
   51  the penal law, OR SECTION 230.25 OF THE PENAL LAW WHERE THE PERSON PROS-
   52  TITUTED IS IN FACT LESS THAN SEVENTEEN YEARS OLD, or
   53    S  36.  Paragraph  (b)  of  subdivision  1  of  section  168-d  of the
   54  correction law, as amended by chapter 74 of the laws of 2007, is amended
   55  to read as follows:
       S. 5879--A                         14
    1    (b) Where a defendant stands convicted of an offense defined in  para-
    2  graph  (b)  of  subdivision  two of section one hundred sixty-eight-a of
    3  this article or where the  defendant  was  convicted  of  patronizing  a
    4  [prostitute]  PERSON  FOR PROSTITUTION in the third degree under section
    5  230.04 of the penal law and the defendant controverts an allegation that
    6  the  victim  of  such offense was less than eighteen years of age or, in
    7  the case of a conviction under section 230.04 of  the  penal  law,  less
    8  than  seventeen years of age, the court, without a jury, shall, prior to
    9  sentencing, conduct a hearing, and the people may  prove  by  clear  and
   10  convincing  evidence  that  the  victim was less than eighteen years [of
   11  age] OLD or less than seventeen years [of age] OLD,  as  applicable,  by
   12  any  evidence  admissible  under  the rules applicable to a trial of the
   13  issue of guilt. The court in addition to such  admissible  evidence  may
   14  also  consider  reliable  hearsay  evidence  submitted  by  either party
   15  provided that it is relevant to the determination  of  the  age  of  the
   16  victim. Facts concerning the age of the victim proven at trial or ascer-
   17  tained  at  the time of entry of a plea of guilty shall be deemed estab-
   18  lished by clear and convincing evidence and shall not be relitigated. At
   19  the conclusion of the hearing, or if the defendant does  not  controvert
   20  an  allegation  that  the  victim  of the offense was less than eighteen
   21  years [of age] OLD or less than seventeen years [of age] OLD, as  appli-
   22  cable,  the  court  must make a finding and enter an order setting forth
   23  the age of the victim. If the  court  finds  that  the  victim  of  such
   24  offense  was  under eighteen years [of age] OLD or under seventeen years
   25  [of age] OLD, as applicable, the court shall certify the defendant as  a
   26  sex  offender, the provisions of paragraph (a) of this subdivision shall
   27  apply and the defendant shall register with the division  in  accordance
   28  with the provisions of this article.
   29    S  37. Paragraph (c) of subdivision 4 of section 509-cc of the vehicle
   30  and traffic law, as amended by chapter 400  of  the  laws  of  2011,  is
   31  amended to read as follows:
   32    (c)  The  offenses referred to in subparagraph (i) of paragraph (b) of
   33  subdivision one and subparagraph (i) of paragraph (c) of subdivision two
   34  of this section that result in disqualification for  a  period  of  five
   35  years  shall include a conviction under sections 100.10, 105.13, 115.05,
   36  120.03,  120.04,  120.04-a,  120.05,  120.10,  120.25,  121.12,  121.13,
   37  125.40,  125.45, 130.20, 130.25, 130.52, 130.55, 135.10, 135.55, 140.17,
   38  140.25, 140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06,  220.09,
   39  220.16,  220.31, 220.34, 220.60, 220.65, 221.30, 221.50, 221.55, 230.00,
   40  230.05, 230.06, 230.11, 230.12, 230.13, 230.19, 230.20, 235.05,  235.06,
   41  235.07,  235.21,  240.06,  245.00,  260.10,  subdivision  two of section
   42  260.20 and sections 260.25,  265.02,  265.03,  265.08,  265.09,  265.10,
   43  265.12, 265.35 of the penal law or an attempt to commit any of the afor-
   44  esaid  offenses  under  section  110.00 of the penal law, or any similar
   45  offenses committed under a former section  of  the  penal  law,  or  any
   46  offenses  committed  under a former section of the penal law which would
   47  constitute violations of the aforesaid sections of the penal law, or any
   48  offenses committed outside this state which would constitute  violations
   49  of the aforesaid sections of the penal law.
   50    S  38.  The vehicle and traffic law is amended by adding a new section
   51  510-d to read as follows:
   52    S 510-D. SUSPENSION AND REVOCATION OF CLASS E DRIVER'S LICENSES. 1.  A
   53  CLASS  E  DRIVER'S  LICENSE SHALL BE SUSPENDED BY THE COMMISSIONER FOR A
   54  PERIOD OF ONE YEAR WHERE THE HOLDER  IS  CONVICTED  OF  A  VIOLATION  OF
   55  SECTION  230.20,  230.25,  230.30, 230.32, 230.34 OR 230.40 OF THE PENAL
   56  LAW AND THE HOLDER USED A FOR HIRE MOTOR VEHICLE TO COMMIT SUCH CRIME.
       S. 5879--A                         15
    1    2. A CLASS E DRIVER'S LICENSE MAY BE REVOKED BY THE COMMISSIONER  WHEN
    2  THE HOLDER, WHO HAD HIS OR HER DRIVER'S LICENSE SUSPENDED UNDER SUBDIVI-
    3  SION  ONE  OF  THIS SECTION WITHIN THE LAST TEN YEARS, IS CONVICTED OF A
    4  SECOND VIOLATION OF SECTION 230.20, 230.25, 230.30,  230.32,  230.34  OR
    5  230.40  OF THE PENAL LAW AND THE HOLDER USED A FOR HIRE MOTOR VEHICLE TO
    6  COMMIT SUCH CRIME.
    7    3. ANY REVOCATION OR SUSPENSION OF A CLASS E DRIVER'S  LICENSE  ISSUED
    8  PURSUANT TO THIS ARTICLE SHALL BE APPLICABLE ONLY TO THAT PORTION OF THE
    9  HOLDER'S  DRIVER'S LICENSE OR PRIVILEGE WHICH PERMITS THE OPERATION OF A
   10  MOTOR VEHICLE TRANSPORTING PASSENGERS FOR  HIRE,  AND  THE  COMMISSIONER
   11  SHALL  IMMEDIATELY  ISSUE  A  LICENSE,  OTHER  THAN  A  CLASS E DRIVER'S
   12  LICENSE, TO SUCH PERSON, PROVIDED THAT SUCH PERSON IS OTHERWISE ELIGIBLE
   13  TO RECEIVE SUCH LICENSE AND FURTHER PROVIDED THAT ISSUING A  LICENSE  TO
   14  SUCH PERSON DOES NOT CREATE A SUBSTANTIAL TRAFFIC SAFETY HAZARD.
   15    4.  THE  PROVISIONS  OF THIS SECTION SHALL NOT BE CONSTRUED TO PREVENT
   16  ANY PERSON WHO HAS THE AUTHORITY TO SUSPEND OR REVOKE A LICENSE TO DRIVE
   17  OR PRIVILEGE OF OPERATING PURSUANT TO SECTION FIVE HUNDRED TEN  OF  THIS
   18  ARTICLE FROM EXERCISING ANY SUCH AUTHORITY.
   19    S  39.  Section 2324-a of the public health law, as amended by chapter
   20  260 of the laws of 1978, is amended to read as follows:
   21    S 2324-a. Presumptive evidence.  For the purposes of this  title,  two
   22  or more convictions of any person or persons had, within a period of one
   23  year,  for  any  of  the  offenses  described in section 230.00, 230.05,
   24  230.06, 230.08, 230.11, 230.12, 230.13, 230.20, 230.25 [or],  230.30  OR
   25  230.32  of  the  penal law arising out of conduct engaged in at the same
   26  real property consisting of a dwelling as that term is defined in subdi-
   27  vision four of section four  of  the  multiple  dwelling  law  shall  be
   28  presumptive  evidence  of  conduct  constituting use of the premises for
   29  purposes of prostitution.
   30    S 40. Subdivision 2 of section 715 of the real  property  actions  and
   31  proceedings law, as added by chapter 494 of the laws of 1976, is amended
   32  to read as follows:
   33    2. For purposes of this section, two or more convictions of any person
   34  or  persons  had,  within  a period of one year, for any of the offenses
   35  described in section 230.00, 230.05,  230.06,  230.11,  230.12,  230.13,
   36  230.20, 230.25, 230.30, 230.32 or 230.40 of the penal law arising out of
   37  conduct engaged in at the same real property consisting of a dwelling as
   38  that term is defined in subdivision four of section four of the multiple
   39  dwelling  law  shall be presumptive evidence of conduct constituting use
   40  of the premises for purposes of prostitution.
   41    S 41. Subdivision 3 of section  231  of  the  real  property  law,  as
   42  amended  by  chapter  203  of  the  laws  of 1980, is amended to read as
   43  follows:
   44    3. For the purposes of this section, two or more  convictions  of  any
   45  person  or  persons  had,  within  a  period of one year, for any of the
   46  offenses described in section 230.00, 230.05,  230.06,  230.11,  230.12,
   47  230.13,  230.20, 230.25, 230.30, 230.32 or 230.40 of the penal law aris-
   48  ing out of conduct engaged in at  the  same  premises  consisting  of  a
   49  dwelling  as that term is defined in subdivision four of section four of
   50  the multiple dwelling law shall be presumptive evidence of unlawful  use
   51  of such premises and of the owners knowledge of the same.
   52    S  42. Subdivision 3 of section 840 of the executive law is amended by
   53  adding a new paragraph (f-1) to read as follows:
   54    (F-1) DEVELOP, MAINTAIN AND  DISSEMINATE,  IN  CONSULTATION  WITH  THE
   55  OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE AND THE DIVISION OF CRIMI-
   56  NAL  JUSTICE  SERVICES,  WRITTEN POLICIES AND PROCEDURES REGARDING HUMAN
       S. 5879--A                         16
    1  TRAFFICKING VICTIMS. SUCH POLICIES AND PROCEDURES SHALL INCLUDE, BUT NOT
    2  BE LIMITED TO THE FOLLOWING: (1) THE IDENTIFICATION OF POTENTIAL VICTIMS
    3  OF  HUMAN  TRAFFICKING,  AS   DEFINED   UNDER   SECTION   FOUR   HUNDRED
    4  EIGHTY-THREE-AA  OF  THE SOCIAL SERVICES LAW; AND (2) INFORMATION AND/OR
    5  REFERRAL TO APPROPRIATE SOCIAL AND LEGAL SERVICES FOR VICTIMS  OF  HUMAN
    6  TRAFFICKING  IN  ACCORDANCE WITH SECTION FOUR HUNDRED EIGHTY-THREE-BB OF
    7  THE SOCIAL SERVICES LAW;
    8    S 43. The executive law is amended by adding a new  section  214-d  to
    9  read as follows:
   10    S 214-D. HUMAN TRAFFICKING AWARENESS. THE SUPERINTENDENT, IN CONSULTA-
   11  TION  WITH  THE  OFFICE  OF  TEMPORARY AND DISABILITY ASSISTANCE AND THE
   12  DIVISION OF CRIMINAL JUSTICE SERVICES, SHALL: (1) DEVELOP, MAINTAIN  AND
   13  DISSEMINATE TO ALL MEMBERS OF THE STATE POLICE, INCLUDING NEW AND VETER-
   14  AN  OFFICERS,  WRITTEN  POLICIES,  PROCEDURES  AND EDUCATIONAL MATERIALS
   15  RELATING TO HUMAN TRAFFICKING VICTIMS, INCLUDING SERVICES AVAILABLE  FOR
   16  VICTIMS  OF  HUMAN  TRAFFICKING,  AS  REFERENCED IN SECTION FOUR HUNDRED
   17  EIGHTY-THREE-BB OF THE SOCIAL SERVICES LAW; AND (2) ESTABLISH AND IMPLE-
   18  MENT WRITTEN PROCEDURES AND POLICIES IN THE EVENT A MEMBER OF THE  DIVI-
   19  SION OF STATE POLICE ENCOUNTERS AN INDIVIDUAL BELIEVED TO BE A VICTIM OF
   20  HUMAN  TRAFFICKING,  WHICH  SHALL  INCLUDE,  BUT  NOT BE LIMITED TO, THE
   21  PROVISION OF INFORMATION AND/OR REFERRAL TO AN APPROPRIATE  PROVIDER  OF
   22  SOCIAL  AND  LEGAL  SERVICES TO HUMAN TRAFFICKING VICTIMS, IN ACCORDANCE
   23  WITH SUCH SECTION FOUR HUNDRED EIGHTY-THREE-BB.
   24    S 44. Severability clause. If any clause, sentence, paragraph,  subdi-
   25  vision,  section  or  part  of  this act shall be adjudged by a court of
   26  competent jurisdiction to be invalid, such judgment  shall  not  affect,
   27  impair or invalidate the remainder thereof, but shall be confined in its
   28  operation  to  the  clause, sentence, paragraph, subdivision, section or
   29  part thereof directly involved in the controversy in which such judgment
   30  shall have been rendered. It is hereby declared to be the intent of  the
   31  legislature  that  this act would have been enacted even if such invalid
   32  provisions had not been included herein.
   33    S 45. This act shall take effect on the ninetieth day after  it  shall
   34  have become a law.