S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7540
                                   I N  S E N A T E
                                     May 15, 2014
                                      ___________
       Introduced  by  Sen.  STEWART-COUSINS -- read twice and ordered printed,
         and when printed to be committed to the Committee on Labor
       AN ACT to amend the labor law, in relation to the prohibition of differ-
         ential pay because of sex (Part A); to amend  the  executive  law,  in
         relation  to  unlawful discriminatory practices (Part B); to amend the
         executive law, in relation to the  provision  of  attorney's  fees  in
         cases  of  housing,  employment or credit discrimination; to amend the
         executive law, in relation to the awarding  of  reasonable  attorney's
         fees  (Part C); to amend the executive law in relation to the unlawful
         discriminatory practice because of familial status (Part D); to  amend
         the  real  property  law and the real property actions and proceedings
         law, in relation to prohibiting discrimination in housing  based  upon
         domestic  violence  status  and establishing a task force to study the
         impact of source of income on access to housing (Part E); to amend the
         family court act and the judiciary law, in relation to establishing  a
         pilot  program  for  the  filing  of petitions for temporary orders of
         protection by electronic means and for  issuance  of  such  orders  ex
         parte  by  audio-visual  means  and  to  amend  the  executive law, in
         relation to review and reports  by  the  chief  administrator  of  the
         courts  (Part  F); 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 relat-
         ing to human trafficking, in relation  to  extending  the  interagency
         task force on human trafficking for four years; and to amend the exec-
         utive  law,  in  relation  to human trafficking awareness (Part G); to
         amend the executive law, in relation to reasonable accommodation (Part
         H); and to amend the public health  law,  in  relation  to  access  to
         reproductive services (Part I)
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD12044-03-4
       S. 7540                             2
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  This  act shall be known and may be cited as the "Women's
    2  Equality act".
    3    S 2. This act enacts into law major components  of  legislation  which
    4  are  necessary  to implement the "Women's Equality act."  Each component
    5  is wholly contained within a Part identified as Parts A through  I.  The
    6  effective  date for each particular provision contained within such Part
    7  is set forth in the last section of such  Part.  Any  provision  in  any
    8  section  contained  within  a  Part, including the effective date of the
    9  Part, which makes a reference to section "of this  act",  when  used  in
   10  connection  with  that particular component, shall be deemed to mean and
   11  refer to the corresponding section of the Part in  which  it  is  found.
   12  Section  four  of this act sets forth the general effective date of this
   13  act.
   14                                   PART A
   15    Section 1. Subdivision 1 of section 194 of the labor law, as added  by
   16  chapter  548  of the laws of 1966, is amended and three new subdivisions
   17  2, 3 and 4 are added to read as follows:
   18    1. No employee shall be paid a wage at a rate less than  the  rate  at
   19  which  an employee of the opposite sex in the same establishment is paid
   20  for equal work on a job the performance of which requires  equal  skill,
   21  effort  and responsibility, and which is performed under similar working
   22  conditions, except where payment is  made  pursuant  to  a  differential
   23  based on:
   24    a. a seniority system;
   25    b. a merit system;
   26    c.  a  system  which  measures  earnings  by  quantity  or  quality of
   27  production; or
   28    d. [any other factor other than sex] A BONA  FIDE  FACTOR  OTHER  THAN
   29  SEX, SUCH AS EDUCATION, TRAINING, OR EXPERIENCE.  SUCH FACTOR: (I) SHALL
   30  NOT  BE  BASED  UPON OR DERIVED FROM A SEX-BASED DIFFERENTIAL IN COMPEN-
   31  SATION AND (II) SHALL BE JOB-RELATED WITH RESPECT  TO  THE  POSITION  IN
   32  QUESTION AND SHALL BE CONSISTENT WITH BUSINESS NECESSITY. SUCH EXCEPTION
   33  UNDER  THIS PARAGRAPH SHALL NOT APPLY WHEN THE EMPLOYEE DEMONSTRATES (A)
   34  THAT AN EMPLOYER USES A PARTICULAR EMPLOYMENT  PRACTICE  THAT  CAUSES  A
   35  DISPARATE IMPACT ON THE BASIS OF SEX, (B) THAT AN ALTERNATIVE EMPLOYMENT
   36  PRACTICE  EXISTS  THAT  WOULD  SERVE  THE  SAME BUSINESS PURPOSE AND NOT
   37  PRODUCE SUCH DIFFERENTIAL, AND (C) THAT  THE  EMPLOYER  HAS  REFUSED  TO
   38  ADOPT SUCH ALTERNATIVE PRACTICE.
   39    2.  FOR  THE  PURPOSE  OF  SUBDIVISION  ONE OF THIS SECTION, "BUSINESS
   40  NECESSITY" SHALL BE DEFINED AS A FACTOR THAT BEARS A MANIFEST  RELATION-
   41  SHIP TO THE EMPLOYMENT IN QUESTION.
   42    3.  FOR  THE  PURPOSES  OF  SUBDIVISION ONE OF THIS SECTION, EMPLOYEES
   43  SHALL BE DEEMED TO WORK IN THE SAME ESTABLISHMENT IF THE EMPLOYEES  WORK
   44  FOR  THE  SAME  EMPLOYER  AT WORKPLACES LOCATED IN THE SAME GEOGRAPHICAL
   45  REGION, NO LARGER THAN A COUNTY, TAKING INTO ACCOUNT POPULATION DISTRIB-
   46  UTION, ECONOMIC ACTIVITY, AND/OR THE PRESENCE OF MUNICIPALITIES.
   47    4. (A) NO EMPLOYER SHALL PROHIBIT AN EMPLOYEE  FROM  INQUIRING  ABOUT,
   48  DISCUSSING,  OR DISCLOSING THE WAGES OF SUCH EMPLOYEE OR ANOTHER EMPLOY-
   49  EE.
   50    (B) AN EMPLOYER MAY, IN A WRITTEN POLICY PROVIDED  TO  ALL  EMPLOYEES,
   51  ESTABLISH  REASONABLE  WORKPLACE  AND  WORKDAY  LIMITATIONS ON THE TIME,
       S. 7540                             3
    1  PLACE AND MANNER FOR INQUIRES ABOUT, DISCUSSION OF, OR THE DISCLOSURE OF
    2  WAGES. SUCH LIMITATIONS SHALL BE CONSISTENT WITH  STANDARDS  PROMULGATED
    3  BY  THE  COMMISSIONER  AND  SHALL BE CONSISTENT WITH ALL OTHER STATE AND
    4  FEDERAL  LAWS. SUCH LIMITATIONS MAY INCLUDE PROHIBITING AN EMPLOYEE FROM
    5  DISCUSSING OR DISCLOSING THE WAGES  OF  ANOTHER  EMPLOYEE  WITHOUT  SUCH
    6  EMPLOYEE'S PRIOR PERMISSION.
    7    (C)  NOTHING IN THIS SUBDIVISION SHALL REQUIRE AN EMPLOYEE TO DISCLOSE
    8  HIS OR HER WAGES.  THE FAILURE OF AN EMPLOYEE TO ADHERE TO SUCH  REASON-
    9  ABLE  LIMITATIONS IN SUCH WRITTEN POLICY SHALL BE AN AFFIRMATIVE DEFENSE
   10  TO ANY CLAIMS MADE AGAINST AN EMPLOYER UNDER THIS SUBDIVISION,  PROVIDED
   11  THAT ANY ADVERSE EMPLOYMENT ACTION TAKEN BY THE EMPLOYER WAS FOR FAILURE
   12  TO  ADHERE  TO  SUCH  REASONABLE  LIMITATIONS  AND NOT FOR MERE INQUIRY,
   13  DISCUSSION OR DISCLOSURE OF WAGES IN  ACCORDANCE  WITH  SUCH  REASONABLE
   14  LIMITATIONS IN SUCH WRITTEN POLICY.
   15    (D) THIS PROHIBITION SHALL NOT APPLY TO INSTANCES IN WHICH AN EMPLOYEE
   16  WHO  HAS  ACCESS TO THE WAGE INFORMATION OF OTHER EMPLOYEES AS A PART OF
   17  SUCH EMPLOYEE'S ESSENTIAL JOB FUNCTIONS  DISCLOSES  THE  WAGES  OF  SUCH
   18  OTHER  EMPLOYEES TO INDIVIDUALS WHO DO NOT OTHERWISE HAVE ACCESS TO SUCH
   19  INFORMATION, UNLESS SUCH DISCLOSURE IS IN RESPONSE  TO  A  COMPLAINT  OR
   20  CHARGE,  OR  IN FURTHERANCE OF AN INVESTIGATION, PROCEEDING, HEARING, OR
   21  ACTION UNDER THIS CHAPTER, INCLUDING AN INVESTIGATION CONDUCTED  BY  THE
   22  EMPLOYER.
   23    (E)  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE RIGHTS OF
   24  AN EMPLOYEE PROVIDED UNDER ANY OTHER  PROVISION  OF  LAW  OR  COLLECTIVE
   25  BARGAINING AGREEMENT.
   26    S  2.  Subdivision  1-a of section 198 of the labor law, as amended by
   27  chapter 564 of the laws of 2010, is amended to read as follows:
   28    1-a. On behalf of any employee paid less than the wage to which he  or
   29  she  is  entitled under the provisions of this article, the commissioner
   30  may bring any legal action necessary, including  administrative  action,
   31  to  collect  such claim and as part of such legal action, in addition to
   32  any other remedies and penalties otherwise available under this article,
   33  the commissioner shall assess against the employer the  full  amount  of
   34  any  such  underpayment, and an additional amount as liquidated damages,
   35  unless the employer proves a good faith basis  for  believing  that  its
   36  underpayment of wages was in compliance with the law. Liquidated damages
   37  shall  be  calculated  by  the  commissioner as no more than one hundred
   38  percent of the total amount of wages found to be due, EXCEPT SUCH LIQUI-
   39  DATED DAMAGES MAY BE UP TO THREE HUNDRED PERCENT OF THE TOTAL AMOUNT  OF
   40  THE WAGES FOUND TO BE DUE FOR A WILLFUL VIOLATION OF SECTION ONE HUNDRED
   41  NINETY-FOUR OF THIS ARTICLE. In any action instituted in the courts upon
   42  a  wage  claim  by an employee or the commissioner in which the employee
   43  prevails, the court shall allow such employee to recover the full amount
   44  of any underpayment, all reasonable attorney's fees, prejudgment  inter-
   45  est  as required under the civil practice law and rules, and, unless the
   46  employer proves a good faith basis to believe that its  underpayment  of
   47  wages was in compliance with the law, an additional amount as liquidated
   48  damages  equal  to  one hundred percent of the total amount of the wages
   49  found to be due, EXCEPT SUCH LIQUIDATED  DAMAGES  MAY  BE  UP  TO  THREE
   50  HUNDRED  PERCENT  OF THE TOTAL AMOUNT OF THE WAGES FOUND TO BE DUE FOR A
   51  WILLFUL VIOLATION OF SECTION ONE HUNDRED NINETY-FOUR OF THIS ARTICLE.
   52    S 3. The department of labor and the division of  human  rights  shall
   53  make  training  available  to  assist  employers in developing training,
   54  policies and procedures to address discrimination and harassment in  the
   55  workplace  including,  but  not limited to issues relating to pregnancy,
   56  familial status, pay equity and sexual harassment.  Such training  shall
       S. 7540                             4
    1  take  into  account the needs of employers of various sizes. The depart-
    2  ment and division shall make such training available through,  including
    3  but  not  limited to, online means.  In developing such training materi-
    4  als,  the department and division shall afford the public an opportunity
    5  to submit comments on such training.
    6    S 4. This act shall take effect on the ninetieth day  after  it  shall
    7  have  become  a  law;  provided, however, that the commissioner of labor
    8  shall take actions necessary to provide for the promulgation  of  stand-
    9  ards pursuant to subdivision 4 of section 194 of the labor law, as added
   10  by  section  one  of  this  act,  prior  to  this act taking effect; and
   11  provided further, however, that the department of labor and division  of
   12  human rights shall take actions necessary to establish training pursuant
   13  to section three of this act prior to this act taking effect.
   14                                   PART B
   15    Section  1.  Subdivision  5  of  section  292 of the executive law, as
   16  amended by chapter 481 of the laws  of  2010,  is  amended  to  read  as
   17  follows:
   18    5.  The  term "employer" does not include any employer with fewer than
   19  four persons in his or her employ except as set  forth  in  section  two
   20  hundred ninety-six-b of this [title] ARTICLE, PROVIDED, HOWEVER, THAT IN
   21  THE CASE OF AN ACTION FOR DISCRIMINATION BASED ON SEX PURSUANT TO SUBDI-
   22  VISION  ONE  OF  SECTION  TWO  HUNDRED  NINETY-SIX OF THIS ARTICLE, WITH
   23  RESPECT TO SEXUAL HARASSMENT ONLY, THE TERM "EMPLOYER" SHALL INCLUDE ALL
   24  EMPLOYERS WITHIN THE STATE.
   25    S 2. This act shall take effect on the ninetieth day  after  it  shall
   26  have become a law.
   27                                   PART C
   28    Section  1.  Subdivision  10  of  section 297 of the executive law, as
   29  added by section 17 of part D of chapter 405 of the  laws  of  1999,  is
   30  amended to read as follows:
   31    10.  With  respect  to ALL cases of HOUSING DISCRIMINATION AND housing
   32  RELATED CREDIT discrimination [only] in an action or proceeding  at  law
   33  under  this section or section two hundred ninety-eight of this article,
   34  the commissioner or the court may in  its  discretion  award  reasonable
   35  attorney's fees to any prevailing or substantially prevailing party; AND
   36  WITH RESPECT TO A CLAIM OF EMPLOYMENT OR CREDIT DISCRIMINATION WHERE SEX
   37  IS  A  BASIS  OF  SUCH DISCRIMINATION, IN AN ACTION OR PROCEEDING AT LAW
   38  UNDER THIS SECTION OR SECTION TWO HUNDRED NINETY-EIGHT OF THIS  ARTICLE,
   39  THE  COMMISSIONER  OR  THE  COURT MAY IN ITS DISCRETION AWARD REASONABLE
   40  ATTORNEY'S FEES ATTRIBUTABLE TO SUCH  CLAIM  TO  ANY  PREVAILING  PARTY;
   41  provided, however, that a prevailing respondent or defendant in order to
   42  recover  such  reasonable  attorney's fees must make a motion requesting
   43  such fees and show that the action or proceeding brought was  frivolous;
   44  and  further  provided  that  in a proceeding brought in the division of
   45  human rights, the commissioner may only award attorney's fees as part of
   46  a final order after a public hearing held pursuant to  subdivision  four
   47  of  this  section.  In  no  case shall attorney's fees be awarded to the
   48  division, nor shall the division be liable to a prevailing  or  substan-
   49  tially  prevailing  party for attorney's fees, except in a case in which
   50  the division is a party to the action or the  proceeding  in  the  divi-
   51  sion's  capacity as an employer.  IN CASES OF EMPLOYMENT DISCRIMINATION,
   52  A RESPONDENT SHALL ONLY BE LIABLE FOR ATTORNEY'S FEES UNDER THIS  SUBDI-
       S. 7540                             5
    1  VISION  IF  THE RESPONDENT HAS BEEN FOUND LIABLE FOR HAVING COMMITTED AN
    2  UNLAWFUL DISCRIMINATORY  PRACTICE.  In  order  to  find  the  action  or
    3  proceeding  to  be frivolous, the court or the commissioner must find in
    4  writing one or more of the following:
    5    (a)  the  action or proceeding was commenced, used or continued in bad
    6  faith, solely to delay or prolong the resolution of the litigation or to
    7  harass or maliciously injure another; or
    8    (b) the action or proceeding was commenced or continued in  bad  faith
    9  without  any reasonable basis and could not be supported by a good faith
   10  argument for an extension, modification or reversal of existing law.  If
   11  the  action  or  proceeding  was promptly discontinued when the party or
   12  attorney learned or should have learned that the  action  or  proceeding
   13  lacked such a reasonable basis, the court may find that the party or the
   14  attorney did not act in bad faith.
   15    S  2.  Paragraph  c of subdivision 7 of section 296-a of the executive
   16  law, as amended by chapter 632 of the laws of 1976, is amended  to  read
   17  as follows:
   18    c.  If  the  superintendent finds that a violation of this section has
   19  occurred, the superintendent shall issue an order which shall do one  or
   20  more of the following:
   21    (1)  impose a fine in an amount not to exceed ten thousand dollars for
   22  each violation, to be paid to the people of the state of New York;
   23    (2) award  compensatory  damages  to  the  person  aggrieved  by  such
   24  violation;
   25    (3)  FOR  A  CLAIM OF SEX DISCRIMINATION ONLY, AWARD REASONABLE ATTOR-
   26  NEY'S FEES ATTRIBUTABLE TO SUCH CLAIM TO ANY PREVAILING PARTY; PROVIDED,
   27  HOWEVER, THAT A PREVAILING RESPONDENT OR DEFENDANT IN ORDER  TO  RECOVER
   28  SUCH  REASONABLE ATTORNEY'S FEES MUST MAKE A MOTION REQUESTING SUCH FEES
   29  AND SHOW THAT THE ACTION OR PROCEEDING BROUGHT WAS FRIVOLOUS. IN NO CASE
   30  SHALL ATTORNEY'S FEES BE  AWARDED  TO  THE  DEPARTMENT,  NOR  SHALL  THE
   31  DEPARTMENT BE LIABLE TO A PREVAILING PARTY FOR ATTORNEY'S FEES. IN ORDER
   32  TO  FIND  THE  ACTION  OR PROCEEDING TO BE FRIVOLOUS, THE SUPERINTENDENT
   33  MUST FIND IN WRITING ONE OR MORE OF THE FOLLOWING:
   34    (A) THE ACTION OR PROCEEDING WAS COMMENCED, USED OR CONTINUED  IN  BAD
   35  FAITH, SOLELY TO DELAY OR PROLONG THE RESOLUTION OF THE LITIGATION OR TO
   36  HARASS OR MALICIOUSLY INJURE ANOTHER; OR
   37    (B)  THE  ACTION OR PROCEEDING WAS COMMENCED OR CONTINUED IN BAD FAITH
   38  WITHOUT ANY REASONABLE BASIS AND COULD NOT BE SUPPORTED BY A GOOD  FAITH
   39  ARGUMENT  FOR AN EXTENSION, MODIFICATION OR REVERSAL OF EXISTING LAW. IF
   40  THE ACTION OR PROCEEDING WAS PROMPTLY DISCONTINUED  WHEN  THE  PARTY  OR
   41  ATTORNEY  LEARNED  OR  SHOULD HAVE LEARNED THAT THE ACTION OR PROCEEDING
   42  LACKED SUCH A REASONABLE BASIS, THE COURT MAY FIND THAT THE PARTY OR THE
   43  ATTORNEY DID NOT ACT IN BAD FAITH.
   44    (4) require the regulated creditor  to  cease  and  desist  from  such
   45  unlawful discriminatory practices;
   46    [(4)] (5) require the regulated creditor to take such further affirma-
   47  tive  action as will effectuate the purposes of this section, including,
   48  but not limited to, granting the credit which was  the  subject  of  the
   49  complaint.
   50    S  3.  This  act shall take effect on the ninetieth day after it shall
   51  have become a law, and shall apply to actions commenced on or after such
   52  date.
   53                                   PART D
       S. 7540                             6
    1    Section 1. Subdivisions 1 and 1-a of section 296 of the executive law,
    2  as amended by chapter 803 of the laws of 1975, paragraph (a) of subdivi-
    3  sion 1 as amended by chapter 80 of the laws of 2009, paragraphs (b), (c)
    4  and (d) of subdivision 1 as amended by chapter 75 of the laws  of  2005,
    5  paragraph  (e) of subdivision 1 as amended by chapter 166 of the laws of
    6  2000, paragraph (g) of subdivision 1 as added by chapter 98 of the  laws
    7  of 1984 and paragraphs (b), (c) and (d) of subdivision 1-a as amended by
    8  chapter 106 of the laws of 2003, are amended to read as follows:
    9    1. It shall be an unlawful discriminatory practice:
   10    (a)  For  an  employer or licensing agency, because of an individual's
   11  age, race, creed, color, national origin, sexual  orientation,  military
   12  status,  sex, disability, predisposing genetic characteristics, FAMILIAL
   13  STATUS, marital status, or domestic violence victim status, to refuse to
   14  hire or employ or to bar or to discharge from employment such individual
   15  or to discriminate against such individual in compensation or in  terms,
   16  conditions or privileges of employment.
   17    (b)  For  an  employment agency to discriminate against any individual
   18  because of age, race, creed, color, national origin, sexual orientation,
   19  military status, sex, disability, predisposing genetic  characteristics,
   20  FAMILIAL STATUS, or marital status, in receiving, classifying, disposing
   21  or  otherwise  acting upon applications for its services or in referring
   22  an applicant or applicants to an employer or employers.
   23    (c) For a labor organization, because of the age, race, creed,  color,
   24  national  origin,  sexual orientation, military status, sex, disability,
   25  predisposing genetic characteristics, FAMILIAL STATUS, or marital status
   26  of any individual, to exclude or to expel from its membership such indi-
   27  vidual or to discriminate in any way  against  any  of  its  members  or
   28  against any employer or any individual employed by an employer.
   29    (d)  For  any  employer  or employment agency to print or circulate or
   30  cause to be printed or circulated any statement, advertisement or publi-
   31  cation, or to use any form of application for employment or to make  any
   32  inquiry  in  connection  with  prospective  employment,  which expresses
   33  directly or indirectly, any limitation, specification or  discrimination
   34  as  to  age,  race,  creed,  color, national origin, sexual orientation,
   35  military status, sex, disability, predisposing genetic  characteristics,
   36  FAMILIAL STATUS, or marital status, or any intent to make any such limi-
   37  tation,  specification  or discrimination, unless based upon a bona fide
   38  occupational qualification; provided, however, that neither  this  para-
   39  graph  nor any provision of this chapter or other law shall be construed
   40  to prohibit the department of civil service or the department of person-
   41  nel of any city containing more than one county from requesting informa-
   42  tion from applicants for civil service examinations  concerning  any  of
   43  the  aforementioned  characteristics, other than sexual orientation, for
   44  the purpose of conducting studies to identify and resolve possible prob-
   45  lems in recruitment and testing of members of minority groups to  insure
   46  the fairest possible and equal opportunities for employment in the civil
   47  service for all persons, regardless of age, race, creed, color, national
   48  origin, sexual orientation, military status, sex, disability, predispos-
   49  ing genetic characteristics, FAMILIAL STATUS, or marital status.
   50    (e)  For  any  employer,  labor  organization  or employment agency to
   51  discharge, expel or otherwise discriminate against any person because he
   52  or she has opposed any practices forbidden under this article or because
   53  he or she has filed a complaint, testified or assisted in any proceeding
   54  under this article.
       S. 7540                             7
    1    (f) Nothing in this subdivision shall affect any restrictions upon the
    2  activities of persons  licensed  by  the  state  liquor  authority  with
    3  respect to persons under twenty-one years of age.
    4    (g)  For  an  employer to compel an employee who is pregnant to take a
    5  leave of absence, unless the employee is  prevented  by  such  pregnancy
    6  from  performing  the  activities involved in the job or occupation in a
    7  reasonable manner.
    8    1-a. It shall be an unlawful discriminatory practice for an  employer,
    9  labor  organization,  employment  agency  or  any joint labor-management
   10  committee controlling apprentice training programs:
   11    (a) To select persons for an apprentice  training  program  registered
   12  with the state of New York on any basis other than their qualifications,
   13  as determined by objective criteria which permit review;
   14    (b)  To  deny  to  or withhold from any person because of race, creed,
   15  color, national origin, sexual orientation, military status,  sex,  age,
   16  disability, FAMILIAL STATUS, or marital status, the right to be admitted
   17  to  or  participate  in  a  guidance program, an apprenticeship training
   18  program, on-the-job training program,  executive  training  program,  or
   19  other occupational training or retraining program;
   20    (c)  To  discriminate against any person in his or her pursuit of such
   21  programs or to discriminate against such a person in the  terms,  condi-
   22  tions  or  privileges  of  such  programs because of race, creed, color,
   23  national origin, sexual orientation, military status, sex, age, disabil-
   24  ity, FAMILIAL STATUS or marital status;
   25    (d) To print or circulate or cause to be  printed  or  circulated  any
   26  statement,  advertisement or publication, or to use any form of applica-
   27  tion for such programs or to make any inquiry in  connection  with  such
   28  program  which  expresses, directly or indirectly, any limitation, spec-
   29  ification or discrimination as to race, creed, color,  national  origin,
   30  sexual  orientation,  military  status,  sex,  age, disability, FAMILIAL
   31  STATUS or marital status, or any intention to make any such  limitation,
   32  specification  or  discrimination,  unless  based on a bona fide occupa-
   33  tional qualification.
   34    S 2. Paragraph (a) of subdivision 9 of section 296  of  the  executive
   35  law,  as  amended by chapter 106 of the laws of 2003, is amended to read
   36  as follows:
   37    (a) It shall be an  unlawful  discriminatory  practice  for  any  fire
   38  department or fire company therein, through any member or members there-
   39  of, officers, board of fire commissioners or other body or office having
   40  power  of appointment of volunteer firefighters, directly or indirectly,
   41  by ritualistic practice, constitutional or by-law prescription, by tacit
   42  agreement among its members, or otherwise, to  deny  to  any  individual
   43  membership  in any volunteer fire department or fire company therein, or
   44  to expel or discriminate against any volunteer member of a fire  depart-
   45  ment  or  fire  company  therein,  because  of  the  race, creed, color,
   46  national origin, sexual orientation, military status, sex [or],  marital
   47  status, OR FAMILIAL STATUS, of such individual.
   48    S 3. Subdivision 13 of section 296 of the executive law, as amended by
   49  chapter 196 of the laws of 2010, is amended to read as follows:
   50    13. It shall be an unlawful discriminatory practice (i) for any person
   51  to  boycott  or  blacklist,  or  to refuse to buy from, sell to or trade
   52  with, or otherwise discriminate against any person, because of the race,
   53  creed, color, national origin, sexual orientation, military status, sex,
   54  [or] disability, OR FAMILIAL STATUS, of such person, or of such person's
   55  partners, members, stockholders, directors, officers,  managers,  super-
   56  intendents, agents, employees, business associates, suppliers or custom-
       S. 7540                             8
    1  ers, or (ii) for any person wilfully to do any act or refrain from doing
    2  any act which enables any such person to take such action. This subdivi-
    3  sion shall not apply to:
    4    (a) Boycotts connected with labor disputes; or
    5    (b) Boycotts to protest unlawful discriminatory practices.
    6    S  4.  This  act shall take effect on the ninetieth day after it shall
    7  have become a law.
    8                                   PART E
    9    Section 1. The real property law is amended by adding  a  new  section
   10  227-d to read as follows:
   11    S 227-D. DISCRIMINATION BASED ON DOMESTIC VIOLENCE STATUS; PROHIBITED.
   12  1.  DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, A PERSON IS A "DOMES-
   13  TIC VIOLENCE VICTIM" AND POSSESSES "DOMESTIC VIOLENCE VICTIM STATUS"  IF
   14  SUCH  PERSON IS OR HAS BEEN, OR IS A PARENT ACCOMPANIED BY A MINOR CHILD
   15  OR CHILDREN WHO IS OR HAS BEEN, IN A SITUATION IN WHICH SUCH  PERSON  OR
   16  CHILD  IS  A  VICTIM  OF  AN  ACT THAT WOULD CONSTITUTE A VIOLENT FELONY
   17  OFFENSE AS ENUMERATED IN SECTION 70.02 OF THE PENAL  LAW,  OR  A  FAMILY
   18  OFFENSE AS ENUMERATED IN SUBDIVISION ONE OF SECTION EIGHT HUNDRED TWELVE
   19  OF  THE FAMILY COURT ACT, AND SUCH ACT IS ALLEGED TO HAVE BEEN COMMITTED
   20  BY A MEMBER OF THE SAME FAMILY OR HOUSEHOLD, AS DEFINED  IN  SUBDIVISION
   21  ONE OF SECTION EIGHT HUNDRED TWELVE OF THE FAMILY COURT ACT.
   22    2. DISCRIMINATION BASED ON DOMESTIC VIOLENCE VICTIM STATUS PROHIBITED.
   23  (A)  NO PERSON, FIRM OR CORPORATION OWNING OR MANAGING ANY BUILDING USED
   24  FOR DWELLING PURPOSES, OR THE AGENT OF SUCH PERSON, FIRM OR CORPORATION,
   25  SHALL, BECAUSE OF SUCH PERSON'S OR  FAMILY  MEMBER'S  DOMESTIC  VIOLENCE
   26  VICTIM  STATUS,  (1)  REFUSE TO RENT A RESIDENTIAL UNIT TO ANY PERSON OR
   27  FAMILY, WHEN, BUT FOR SUCH STATUS, RENTAL WOULD NOT HAVE  BEEN  REFUSED,
   28  (2)  DISCRIMINATE  IN  THE  TERMS, CONDITIONS, OR PRIVILEGES OF ANY SUCH
   29  RENTAL, WHEN, BUT FOR SUCH STATUS, SUCH DISCRIMINATION  WOULD  NOT  HAVE
   30  OCCURRED,  OR  (3)  PRINT OR CIRCULATE, OR CAUSE TO BE PRINTED OR CIRCU-
   31  LATED, ANY STATEMENT,  ADVERTISEMENT  OR  PUBLICATION  WHICH  EXPRESSES,
   32  DIRECTLY  OR  INDIRECTLY,  ANY  LIMITATION,  SPECIFICATION, OR DISCRIMI-
   33  NATION. A VIOLATION OF THIS SUBDIVISION SHALL BE A MISDEMEANOR  AND,  ON
   34  CONVICTION  THEREOF,  SHALL  BE  PUNISHED BY A FINE OF NOT LESS THAN ONE
   35  THOUSAND DOLLARS AND  NOT  MORE  THAN  TWO  THOUSAND  DOLLARS  FOR  EACH
   36  OFFENSE; PROVIDED, HOWEVER, THAT IT SHALL BE A DEFENSE THAT SUCH PERSON,
   37  FIRM,  CORPORATION  OR  AGENT  REFUSED TO RENT A RESIDENTIAL UNIT ON ANY
   38  OTHER LAWFUL GROUND.
   39    (B) CIVIL LIABILITY: (1) WHERE DISCRIMINATORY  CONDUCT  PROHIBITED  BY
   40  THIS  SUBDIVISION HAS OCCURRED, SUCH PERSON OR FAMILY SHALL HAVE A CAUSE
   41  OF ACTION IN ANY COURT OF APPROPRIATE JURISDICTION FOR COMPENSATORY  AND
   42  PUNITIVE  DAMAGES, WITH SUCH PUNITIVE DAMAGES NOT EXCEEDING TWO THOUSAND
   43  DOLLARS FOR EACH OFFENSE, AND DECLARATORY AND INJUNCTIVE RELIEF; AND (2)
   44  IN ALL ACTIONS BROUGHT UNDER THIS SECTION, REASONABLE ATTORNEYS' FEES AS
   45  DETERMINED BY THE COURT MAY BE AWARDED TO A PREVAILING PARTY,  PROVIDED,
   46  HOWEVER, THAT A PREVAILING DEFENDANT IN ORDER TO RECOVER SUCH REASONABLE
   47  ATTORNEYS'  FEES  MUST  MAKE A MOTION REQUESTING SUCH FEES AND SHOW THAT
   48  THE ACTION OR PROCEEDING BROUGHT WAS FRIVOLOUS. IN  ORDER  TO  FIND  THE
   49  ACTION OR PROCEEDING TO BE FRIVOLOUS, THE COURT MUST FIND ONE OR MORE OF
   50  THE  FOLLOWING:  (I)  THE ACTION WAS COMMENCED, USED OR CONTINUED IN BAD
   51  FAITH, SOLELY TO DELAY OR PROLONG THE RESOLUTION OF THE LITIGATION OR TO
   52  HARASS OR MALICIOUSLY INJURE ANOTHER; OR (II) THE ACTION  WAS  COMMENCED
   53  OR  CONTINUED IN BAD FAITH WITHOUT ANY REASONABLE BASIS AND COULD NOT BE
   54  SUPPORTED BY A GOOD FAITH ARGUMENT FOR  AN  EXTENSION,  MODIFICATION  OR
       S. 7540                             9
    1  REVERSAL  OF  EXISTING  LAW.  IF  THE  ACTION OR PROCEEDING WAS PROMPTLY
    2  DISCONTINUED WHEN THE PARTY OR ATTORNEY LEARNED OR SHOULD  HAVE  LEARNED
    3  THAT  THE ACTION OR PROCEEDING LACKED SUCH A REASONABLE BASIS, THE COURT
    4  MAY FIND THAT THE PARTY OR THE ATTORNEY DID NOT ACT IN BAD FAITH.
    5    (C) NOTHING IN THIS SECTION SHALL BE CONSTRUED AS LIMITING THE ABILITY
    6  OF  A PERSON, FIRM OR CORPORATION OWNING OR MANAGING A BUILDING USED FOR
    7  DWELLING PURPOSES, OR THE AGENT OF SUCH  PERSON,  FIRM  OR  CORPORATION,
    8  FROM APPLYING REASONABLE STANDARDS NOT BASED ON OR DERIVED FROM DOMESTIC
    9  VIOLENCE  VICTIM  STATUS  IN  DETERMINING THE ELIGIBILITY OF A PERSON OR
   10  FAMILY SEEKING TO RENT A RESIDENTIAL UNIT.
   11    (D) THIS SECTION SHALL  NOT  APPLY  TO  BUILDINGS  USED  FOR  DWELLING
   12  PURPOSES  THAT  ARE  OWNER  OCCUPIED  AND  HAVE TWO OR FEWER RESIDENTIAL
   13  UNITS.
   14    3. A PERSON, FIRM, OR CORPORATION OWNING OR MANAGING A  BUILDING  USED
   15  FOR DWELLING PURPOSES OR AGENT OF SUCH PERSON, FIRM OR CORPORATION SHALL
   16  NOT  BE  CIVILLY LIABLE TO OTHER TENANTS, GUESTS, INVITEES, OR LICENSEES
   17  ARISING FROM REASONABLE AND GOOD  FAITH  EFFORTS  TO  COMPLY  WITH  THIS
   18  SECTION.
   19    4. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS PROHIBITING A PERSON,
   20  FIRM  OR  CORPORATION  OWNING  OR  MANAGING A BUILDING USED FOR DWELLING
   21  PURPOSES, OR THE AGENT OF SUCH PERSON, FIRM OR CORPORATION, FROM:
   22    (A) PROVIDING OR PRESERVING A  RENTAL  PREFERENCE  IN  ANY  PUBLIC  OR
   23  PRIVATE HOUSING FOR VICTIMS OF DOMESTIC VIOLENCE;
   24    (B)  PROVIDING ANY OTHER ASSISTANCE TO VICTIMS OF DOMESTIC VIOLENCE IN
   25  OBTAINING OR RETAINING ANY PUBLIC OR PRIVATE HOUSING; OR
   26    (C) RESPONDING TO AN INQUIRY OR REQUEST BY AN  APPLICANT,  TENANT,  OR
   27  LEASEHOLDER WHO IS A VICTIM OF DOMESTIC VIOLENCE.
   28    5. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS PROHIBITING A MUNICI-
   29  PALITY  FROM RETAINING OR PROMULGATING LOCAL LAWS OR ORDINANCES IMPOSING
   30  ADDITIONAL OR ENHANCED PROTECTIONS  PROHIBITING  DISCRIMINATION  AGAINST
   31  VICTIMS OF DOMESTIC VIOLENCE.
   32    6.  NOTHING  IN THIS SECTION SHALL BE CONSTRUED AS LIMITING, DIMINISH-
   33  ING, OR OTHERWISE AFFECTING ANY RIGHTS UNDER EXISTING LAW.
   34    S 2. The real property actions  and  proceedings  law  is  amended  by
   35  adding a new section 744 to read as follows:
   36    S  744.  EVICTION BASED ON DOMESTIC VIOLENCE VICTIM STATUS PROHIBITED.
   37  1. A TENANT SHALL NOT BE REMOVED FROM POSSESSION OF A  RESIDENTIAL  UNIT
   38  PURSUANT  TO  THIS  ARTICLE  BECAUSE  OF SUCH PERSON'S DOMESTIC VIOLENCE
   39  VICTIM STATUS, AS DEFINED IN SECTION TWO HUNDRED TWENTY-SEVEN-D  OF  THE
   40  REAL  PROPERTY  LAW.  IT  SHALL  BE A DEFENSE TO A PROCEEDING TO RECOVER
   41  POSSESSION OF A RESIDENTIAL UNIT THAT A  LANDLORD  SEEKS  SUCH  RECOVERY
   42  BECAUSE OF A PERSON'S DOMESTIC VIOLENCE VICTIM STATUS, AND THAT, BUT FOR
   43  SUCH  STATUS, THE LANDLORD WOULD NOT SEEK TO RECOVER POSSESSION. A LAND-
   44  LORD MAY REBUT SUCH DEFENSE BY SHOWING THAT HE OR SHE SEEKS  TO  RECOVER
   45  POSSESSION OF A RESIDENTIAL UNIT BECAUSE OF ANY OTHER LAWFUL GROUND.
   46    2. NOTHING IN THIS SECTION SHALL RESTRICT A LANDLORD'S LEGAL RIGHTS TO
   47  RECOVER  POSSESSION  OF  A  RESIDENTIAL  UNIT ON GROUNDS NOT BASED ON OR
   48  DERIVED FROM DOMESTIC VIOLENCE VICTIM STATUS.
   49    3. A LANDLORD SHALL NOT BE CIVILLY LIABLE TO  OTHER  TENANTS,  GUESTS,
   50  INVITEES, OR LICENSEES ARISING FROM REASONABLE AND GOOD FAITH EFFORTS TO
   51  COMPLY WITH THIS SECTION.
   52    4.  THIS  SECTION  SHALL  NOT  APPLY  TO  BUILDINGS  USED FOR DWELLING
   53  PURPOSES THAT ARE OWNER OCCUPIED  AND  HAVE  TWO  OR  FEWER  RESIDENTIAL
   54  UNITS.
   55    S  3.  There is hereby established a task force to study the impact of
   56  source of income on access to housing including, but not limited to, any
       S. 7540                            10
    1  sex-based impact.  The task force shall consist of the following members
    2  as appointed by the governor: (1) two members of the governor's cabinet;
    3  (2) two experts on housing policy representing the needs of  both  land-
    4  lords  and  tenants; (3) two members who are local government officials,
    5  who shall each  represent  different  geographical  regions  within  the
    6  state;  (4) two members on the recommendation of the temporary president
    7  of the senate; and (5) two members on the recommendation of the  speaker
    8  of  the assembly. The governor shall designate a chair of the task force
    9  from amongst such appointees.  The task force shall meet as often as  is
   10  appropriate  under  circumstances  necessary to fulfill its duties under
   11  this section. The task force shall (a)  review  the  Section  8  Housing
   12  Choice  Voucher Administrative Plan and, if necessary, recommend modifi-
   13  cations to increase the participation of landlords and property  owners,
   14  which  may include, but shall not be limited to: expanding the portabil-
   15  ity of Section 8 vouchers, including as may be appropriate for  domestic
   16  violence  victims;  creating  a state-sponsored special-purpose mobility
   17  counseling program; enhancing means of  connecting  voucher  holders  to
   18  approved  landlords;  and eliminating delays in housing quality standard
   19  inspections; and (b) review other current  policies  and  laws  and,  if
   20  necessary,  recommend  modifications  to  improve  access to quality and
   21  affordable housing. The task force shall submit its report and recommen-
   22  dations to the governor, the temporary president of the senate, and  the
   23  speaker of the assembly on January 15, 2015.
   24    S  4.  This  act shall take effect on the ninetieth day after it shall
   25  have become a law.
   26                                   PART F
   27    Section 1. Section 153-c of the family court act, as added by  chapter
   28  416 of the laws of 1981, is amended to read as follows:
   29    S  153-c.  Temporary  order of protection. (A) Any person appearing at
   30  family court when the court is open  requesting  a  temporary  order  of
   31  protection  under  any  article  of this act shall be entitled to file a
   32  petition without delay on the same day such person first appears at  the
   33  family  court,  and  a hearing on that request shall be held on the same
   34  day or the next day that the family court is open following  the  filing
   35  of such petition.
   36    (B)  AS  PROVIDED  IN  THIS  SECTION,  THE  CHIEF ADMINISTRATOR OF THE
   37  COURTS, WITH THE APPROVAL OF THE ADMINISTRATIVE BOARD OF THE COURTS, MAY
   38  PROMULGATE RULES TO ESTABLISH AND IMPLEMENT  A  PILOT  PROGRAM  FOR  THE
   39  FILING  OF  PETITIONS  FOR  TEMPORARY ORDERS OF PROTECTION BY ELECTRONIC
   40  MEANS AND FOR THE ISSUANCE OF SUCH ORDERS EX PARTE BY AUDIO-VISUAL MEANS
   41  IN ORDER TO ACCOMMODATE LITIGANTS FOR WHOM ATTENDANCE AT COURT  TO  FILE
   42  FOR,  AND OBTAIN, EMERGENCY RELIEF WOULD CONSTITUTE AN UNDUE HARDSHIP OR
   43  TO ACCOMMODATE LITIGANTS, FOR WHOM TRAVELING TO  AND  APPEARING  IN  THE
   44  COURTHOUSE  TO  OBTAIN  EMERGENCY RELIEF, CREATES A RISK OF HARM TO SUCH
   45  LITIGANT.
   46    (1) DEFINITIONS. AS USED IN THIS SECTION:
   47    (I) "ELECTRONIC MEANS" MEANS ANY METHOD OF TRANSMISSION OF INFORMATION
   48  BETWEEN COMPUTERS OR OTHER MACHINES DESIGNED FOR THE PURPOSE OF  SENDING
   49  AND  RECEIVING  SUCH  TRANSMISSIONS,  AND  WHICH ALLOWS THE RECIPIENT TO
   50  REPRODUCE  THE  INFORMATION  TRANSMITTED  IN  A   TANGIBLE   MEDIUM   OF
   51  EXPRESSION.
   52    (II)  "INDEPENDENT AUDIO-VISUAL SYSTEM" MEANS AN ELECTRONIC SYSTEM FOR
   53  THE TRANSMISSION AND RECEIVING OF AUDIO AND VISUAL SIGNALS, ENCOMPASSING
   54  ENCODED SIGNALS, FREQUENCY DOMAIN MULTIPLEXING OR OTHER  SUITABLE  MEANS
       S. 7540                            11
    1  TO  PRECLUDE  THE  UNAUTHORIZED RECEPTION AND DECODING OF THE SIGNALS BY
    2  COMMERCIALLY AVAILABLE  TELEVISION  RECEIVERS,  CHANNEL  CONVERTERS,  OR
    3  OTHER AVAILABLE RECEIVING DEVICES.
    4    (III) "ELECTRONIC APPEARANCE" MEANS AN APPEARANCE IN WHICH ONE OR MORE
    5  OF  THE  PARTIES ARE NOT PRESENT IN THE COURT, BUT IN WHICH, BY MEANS OF
    6  AN INDEPENDENT AUDIO-VISUAL SYSTEM, ALL OF THE PARTICIPANTS  ARE  SIMUL-
    7  TANEOUSLY ABLE TO SEE AND HEAR REPRODUCTIONS OF THE VOICES AND IMAGES OF
    8  THE JUDGE, COUNSEL, PARTIES, WITNESSES, IF ANY AND OTHER PARTICIPANTS.
    9    (2)  DEVELOPMENT OF A PILOT PROGRAM. A PLAN FOR A PILOT PROGRAM PURSU-
   10  ANT TO THIS SECTION SHALL BE DEVELOPED BY THE CHIEF ADMINISTRATOR OF THE
   11  COURTS OR HIS OR HER DELEGATE IN CONSULTATION WITH  ONE  OR  MORE  LOCAL
   12  PROGRAMS  PROVIDING  ASSISTANCE  TO  VICTIMS  OF  DOMESTIC VIOLENCE, THE
   13  OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE, AND ATTORNEYS WHO REPRE-
   14  SENT FAMILY OFFENSE PETITIONS.   THE PLAN  SHALL  INCLUDE,  BUT  IS  NOT
   15  LIMITED TO:
   16    (I)  IDENTIFICATION OF ONE OR MORE FAMILY JUSTICE CENTERS OR ORGANIZA-
   17  TIONS OR AGENCIES OR OTHER SITES OUTSIDE OF THE LOCAL FAMILY COURT  THAT
   18  ARE EQUIPPED WITH, OR HAVE ACCESS TO, AN INDEPENDENT AUDIO-VISUAL SYSTEM
   19  AND  ELECTRONIC  MEANS FOR FILING DOCUMENTS THAT ARE COMPATIBLE WITH THE
   20  EQUIPMENT IN THE LOCAL FAMILY COURT, WITH  CONSIDERATION  GIVEN  TO  THE
   21  LOCATION OF SUCH SITE OR SITES AND AVAILABLE RESOURCES; AND
   22    (II)  IDENTIFICATION  OF  ONE OR MORE LICENSED AND CERTIFIED ORGANIZA-
   23  TIONS, AGENCIES OR ENTITIES  WITH  ADVOCATES  FOR  VICTIMS  OF  DOMESTIC
   24  VIOLENCE WHO ARE TRAINED, AND AVAILABLE TO ASSIST PETITIONERS IN PREPAR-
   25  ING AND FILING PETITIONS FOR TEMPORARY ORDERS OF PROTECTION AND IN THEIR
   26  ELECTRONIC  APPEARANCES  BEFORE  THE FAMILY COURT TO OBTAIN SUCH ORDERS;
   27  AND
   28    (III) IDENTIFICATION OF THE  EXISTING  RESOURCES  AVAILABLE  IN  LOCAL
   29  FAMILY COURTS FOR THE IMPLEMENTATION AND OVERSIGHT OF THE PILOT PROGRAM;
   30  AND
   31    (IV)  DELINEATION  OF PROCEDURES FOR FILING OF THE PETITIONS AND DOCU-
   32  MENTS, IF ANY, BY ELECTRONIC MEANS, SWEARING IN THE PETITIONERS AND  ANY
   33  WITNESSES,   PREPARATION   OF  A  VERBATIM  TRANSCRIPTION  OF  TESTIMONY
   34  PRESENTED AND A RECORD OF EVIDENCE ADDUCED AND  PROMPT  TRANSMISSION  OF
   35  ANY ORDERS ISSUED TO THE PETITIONERS; AND
   36    (V)  A  TIMETABLE FOR IMPLEMENTATION OF THE PILOT PROGRAM AND PLAN FOR
   37  INFORMING THE PUBLIC OF ITS AVAILABILITY; AND
   38    (VI) A DESCRIPTION OF DATA TO BE COLLECTED IN ORDER TO  EVALUATE  AND,
   39  IF  NECESSARY,  MAKE  RECOMMENDATIONS  FOR  IMPROVEMENTS  TO  THE  PILOT
   40  PROGRAM.
   41    (3) FILING BY ELECTRONIC MEANS.  IN  CONJUNCTION  WITH  AN  ELECTRONIC
   42  APPEARANCE UNDER THIS SECTION, PETITIONERS FOR EX PARTE TEMPORARY ORDERS
   43  OF  PROTECTION  MAY,  WITH THE ASSISTANCE OF TRAINED ADVOCATES, COMMENCE
   44  THE PROCEEDINGS BY FILING PETITIONS BY ELECTRONIC MEANS.
   45    (I) A PETITIONER WHO SEEKS A TEMPORARY ORDER OF PROTECTION EX PARTE BY
   46  USE OF AN ELECTRONIC APPEARANCE MUST FILE A PETITION IN ADVANCE OF  SUCH
   47  APPEARANCE  AND MAY DO SO BY ELECTRONIC MEANS.  THE PETITIONER SHALL SET
   48  FORTH THE CIRCUMSTANCES IN WHICH TRAVELING TO OR APPEARING IN THE COURT-
   49  HOUSE WOULD CONSTITUTE AN UNDUE HARDSHIP, OR CREATE A RISK  OF  HARM  TO
   50  THE  PETITIONER.  IN  GRANTING OR DENYING THE RELIEF SOUGHT BY THE PETI-
   51  TIONER, THE COURT SHALL STATE THE NAMES OF ALL PARTICIPANTS, AND WHETHER
   52  IT IS GRANTING OR DENYING AN APPEARANCE  BY  ELECTRONIC  MEANS  AND  THE
   53  BASIS  FOR  SUCH  DETERMINATION; PROVIDED, HOWEVER, THAT NOTHING IN THIS
   54  SECTION SHALL BE CONSTRUED TO COMPEL A PARTY TO FILE A PETITION OR OTHER
   55  DOCUMENT BY ELECTRONIC MEANS OR TO TESTIFY BY  MEANS  OF  AN  ELECTRONIC
   56  APPEARANCE.
       S. 7540                            12
    1    (II)  NOTHING IN THIS SECTION SHALL AFFECT OR CHANGE ANY EXISTING LAWS
    2  GOVERNING THE SERVICE OF PROCESS, INCLUDING  REQUIREMENTS  FOR  PERSONAL
    3  SERVICE,  OR  THE SEALING AND CONFIDENTIALITY OF COURT RECORDS IN FAMILY
    4  COURT PROCEEDINGS, OR ACCESS TO COURT RECORDS BY  THE  PARTIES  TO  SUCH
    5  PROCEEDINGS.
    6    (4)  (I)  ALL  ELECTRONIC APPEARANCES BY PETITIONERS SEEKING TEMPORARY
    7  ORDERS OF PROTECTION EX PARTE  UNDER  THIS  SECTION  SHALL  BE  STRICTLY
    8  VOLUNTARY  AND  THE  CONSENT  OF  SUCH PETITIONERS SHALL BE GIVEN ON THE
    9  RECORD AT THE COMMENCEMENT OF EACH APPEARANCE.
   10    (II) APPEARANCES TAKEN THROUGH THE USE  OF  AN  ELECTRONIC  APPEARANCE
   11  UNDER  THIS  SECTION  SHALL BE RECORDED AND PRESERVED FOR TRANSCRIPTION.
   12  DOCUMENTARY EVIDENCE, IF ANY, REFERRED TO BY A PARTY OR WITNESS  OR  THE
   13  COURT  MAY  BE  TRANSMITTED  AND  SUBMITTED AND INTRODUCED BY ELECTRONIC
   14  MEANS.
   15    S 2. Subdivision 2 of section 212 of the judiciary law is  amended  by
   16  adding a new paragraph (t) to read as follows:
   17    (T)  HAVE  THE  POWER  TO  ESTABLISH  PILOT PROGRAMS FOR THE FILING OF
   18  PETITIONS FOR TEMPORARY ORDERS OF PROTECTION BY ELECTRONIC MEANS AND FOR
   19  THE ISSUANCE OF SUCH ORDERS BY AUDIO-VISUAL MEANS PURSUANT  TO  SUBDIVI-
   20  SION  (B)  OF SECTION ONE HUNDRED FIFTY-THREE-C OF THE FAMILY COURT ACT.
   21  THE CHIEF ADMINISTRATOR SHALL MAINTAIN AN UP-TO-DATE AND PUBLICLY-AVAIL-
   22  ABLE LISTING OF THE SITES, IF ANY, AT WHICH  SUCH  APPLICATIONS  FOR  EX
   23  PARTE  TEMPORARY  ORDERS  OF PROTECTION MAY BE FILED, AND AT WHICH ELEC-
   24  TRONIC APPEARANCES IN SUPPORT OF SUCH APPLICATIONS  MAY  BE  SOUGHT,  IN
   25  ACCORDANCE  WITH  SUCH  SECTION  ONE HUNDRED FIFTY-THREE-C OF THE FAMILY
   26  COURT ACT.  IN DEVELOPING SUCH PILOT PROGRAM,  THE  CHIEF  ADMINISTRATOR
   27  SHALL  STRIVE  FOR  A PROGRAM THAT IS REGIONALLY DIVERSE, AND TAKES INTO
   28  CONSIDERATION, AMONG OTHER THINGS, THE AVAILABILITY OF PUBLIC  TRANSPOR-
   29  TATION,  POPULATION  DENSITY  AND  THE  AVAILABILITY  OF  FACILITIES FOR
   30  CONDUCTING SUCH PROGRAM.
   31    S 3. Section 648 of the executive law, as added by chapter 893 of  the
   32  laws of 1986, is amended to read as follows:
   33    S 648. Review;  report  and implementation. 1. The chief administrator
   34  of the unified court system shall review  court  practices,  procedures,
   35  services,  regulations  and laws to determine the adequacy and appropri-
   36  ateness of its services with respect to crime victims, including victims
   37  with special needs, particularly the elderly,  disabled  or  victims  of
   38  child abuse, domestic violence, SEX TRAFFICKING or sex-related offenses.
   39  Such  review shall include reasonable opportunity for public comment and
   40  consultation with  crime  victims  or  their  representatives,  and  may
   41  include public hearings.
   42    2. After the review, and not later than two hundred seventy days after
   43  the effective date of this section, AND NO LATER THAN TWO HUNDRED SEVEN-
   44  TY DAYS AFTER THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOU-
   45  SAND THIRTEEN WHICH AMENDED THIS SECTION, AND EVERY FIVE YEARS THEREAFT-
   46  ER,  the  chief administrator of the unified court system shall submit a
   47  report to the governor and the legislature, setting forth  the  findings
   48  of  the  review, including a description of the services provided by the
   49  components of the unified court system and recommendations  for  changes
   50  in  its  procedures,  services,  regulations  and  laws  to  improve its
   51  services to crime victims and to establish and implement fair  treatment
   52  standards for crime victims.
   53    3. Subject to the direction of the chief administrator, the components
   54  of  the unified court system shall expeditiously implement the recommen-
   55  dations of its report.
   56    S 4. This act shall take effect April 1, 2014.
       S. 7540                            13
    1                                   PART G
    2    Section  1.  Short  title. This act shall be known and may be cited as
    3  the "trafficking victims protection and justice act".
    4    S 2. Section 60.13 of the penal law, as added by chapter 7 of the laws
    5  of 2007, is amended to read as follows:
    6  S 60.13 Authorized dispositions; felony sex offenses.
    7    When a person is to be sentenced upon  a  conviction  for  any  felony
    8  defined in article one hundred thirty of this chapter, including a sexu-
    9  ally  motivated felony, or patronizing a [prostitute] PERSON FOR PROSTI-
   10  TUTION in the first degree as defined in section 230.06 of this chapter,
   11  AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE THIRD  DEGREE  AS
   12  DEFINED  IN  SECTION  230.11  OF  THIS CHAPTER, AGGRAVATED PATRONIZING A
   13  MINOR FOR PROSTITUTION IN THE SECOND DEGREE AS DEFINED IN SECTION 230.12
   14  OF THIS CHAPTER, AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN  THE
   15  FIRST DEGREE AS DEFINED IN SECTION 230.13 OF THIS CHAPTER, incest in the
   16  second degree as defined in section 255.26 of this chapter, or incest in
   17  the  first  degree  as  defined  in section 255.27 of this chapter, or a
   18  felony attempt or conspiracy to commit any of these  crimes,  the  court
   19  must sentence the defendant in accordance with the provisions of section
   20  70.80 of this title.
   21    S  3.  Paragraphs (a) and (c) of subdivision 1 of section 70.02 of the
   22  penal law, paragraph (a) as amended by chapter 320 of the laws  of  2006
   23  and  paragraph  (c)  as  amended  by  chapter 1 of the laws of 2013, are
   24  amended to read as follows:
   25    (a) Class B violent felony offenses: an attempt to  commit  the  class
   26  A-I  felonies  of  murder  in  the  second  degree as defined in section
   27  125.25, kidnapping in the first degree as defined in section 135.25, and
   28  arson in the first degree as defined in section 150.20; manslaughter  in
   29  the  first  degree as defined in section 125.20, aggravated manslaughter
   30  in the first degree as defined in section  125.22,  rape  in  the  first
   31  degree  as  defined  in section 130.35, criminal sexual act in the first
   32  degree as defined in section 130.50,  aggravated  sexual  abuse  in  the
   33  first  degree  as  defined  in  section 130.70, course of sexual conduct
   34  against a child in the  first  degree  as  defined  in  section  130.75;
   35  assault  in the first degree as defined in section 120.10, kidnapping in
   36  the second degree as defined in section 135.20, burglary  in  the  first
   37  degree  as  defined  in  section  140.30,  arson in the second degree as
   38  defined in section 150.15, robbery in the first  degree  as  defined  in
   39  section  160.15, SEX TRAFFICKING AS DEFINED IN PARAGRAPHS (A) AND (B) OF
   40  SUBDIVISION FIVE OF SECTION  230.34,  incest  in  the  first  degree  as
   41  defined  in section 255.27, criminal possession of a weapon in the first
   42  degree as defined in section 265.04, criminal use of a  firearm  in  the
   43  first degree as defined in section 265.09, criminal sale of a firearm in
   44  the first degree as defined in section 265.13, aggravated assault upon a
   45  police  officer  or  a  peace officer as defined in section 120.11, gang
   46  assault in the first degree as defined in section 120.07, intimidating a
   47  victim or witness in the first degree  as  defined  in  section  215.17,
   48  hindering  prosecution  of  terrorism  in the first degree as defined in
   49  section 490.35, criminal possession of a chemical weapon  or  biological
   50  weapon  in  the second degree as defined in section 490.40, and criminal
   51  use of a chemical weapon or biological weapon in  the  third  degree  as
   52  defined in section 490.47.
   53    (c)  Class  D violent felony offenses: an attempt to commit any of the
   54  class C felonies set forth in paragraph (b); reckless assault of a child
   55  as defined in section 120.02, assault in the second degree as defined in
       S. 7540                            14
    1  section 120.05, menacing a police officer or peace officer as defined in
    2  section 120.18, stalking in the first degree, as defined in  subdivision
    3  one  of section 120.60, strangulation in the second degree as defined in
    4  section  121.12, rape in the second degree as defined in section 130.30,
    5  criminal sexual act in the second degree as defined in  section  130.45,
    6  sexual abuse in the first degree as defined in section 130.65, course of
    7  sexual  conduct  against  a  child  in  the  second degree as defined in
    8  section 130.80, aggravated sexual abuse in the third degree  as  defined
    9  in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
   10  substance as defined in section 130.90, LABOR TRAFFICKING AS DEFINED  IN
   11  PARAGRAPHS  (A) AND (B) OF SUBDIVISION THREE OF SECTION 135.35, criminal
   12  possession of a weapon in the third degree  as  defined  in  subdivision
   13  five, six, seven, eight, nine or ten of section 265.02, criminal sale of
   14  a firearm in the third degree as defined in section 265.11, intimidating
   15  a  victim  or witness in the second degree as defined in section 215.16,
   16  soliciting or providing support for an act of terrorism  in  the  second
   17  degree  as defined in section 490.10, and making a terroristic threat as
   18  defined in section 490.20, falsely reporting an incident  in  the  first
   19  degree  as  defined in section 240.60, placing a false bomb or hazardous
   20  substance in the first degree as defined in section  240.62,  placing  a
   21  false  bomb  or  hazardous  substance in a sports stadium or arena, mass
   22  transportation facility or enclosed shopping mall as defined in  section
   23  240.63,  and  aggravated  unpermitted  use of indoor pyrotechnics in the
   24  first degree as defined in section 405.18.
   25    S 4. Paragraph (a) of subdivision 1 of section 70.80 of the penal law,
   26  as added by chapter 7 of the  laws  of  2007,  is  amended  to  read  as
   27  follows:
   28    (a)  For  the purposes of this section, a "felony sex offense" means a
   29  conviction of any felony defined in article one hundred thirty  of  this
   30  chapter,  including a sexually motivated felony, or patronizing a [pros-
   31  titute] PERSON FOR PROSTITUTION  in  the  first  degree  as  defined  in
   32  section 230.06 of this chapter, PATRONIZING A PERSON FOR PROSTITUTION IN
   33  THE  SECOND  DEGREE AS DEFINED IN SECTION 230.05 OF THIS CHAPTER, AGGRA-
   34  VATED PATRONIZING A MINOR  FOR  PROSTITUTION  IN  THE  THIRD  DEGREE  AS
   35  DEFINED  IN  SECTION  230.11  OF  THIS CHAPTER, AGGRAVATED PATRONIZING A
   36  MINOR FOR PROSTITUTION IN THE SECOND DEGREE AS DEFINED IN SECTION 230.12
   37  OF THIS CHAPTER, AGGRAVATED PATRONIZING  A  MINOR  FOR  PROSTITUTION  IN
   38  FIRST DEGREE AS DEFINED IN SECTION 230.13 OF THIS CHAPTER, incest in the
   39  second degree as defined in section 255.26 of this chapter, or incest in
   40  the  first  degree  as  defined  in section 255.27 of this chapter, or a
   41  felony attempt or conspiracy to commit any of the above.
   42    S 5. Section 135.35 of the penal law, as added by chapter  74  of  the
   43  laws of 2007, is amended to read as follows:
   44  S 135.35 Labor trafficking.
   45    A  person  is  guilty  of  labor  trafficking  if he or she compels or
   46  induces another to engage in labor or  recruits,  entices,  harbors,  or
   47  transports such other person by means of intentionally:
   48    1.  [unlawfully  providing  a controlled substance to such person with
   49  intent to impair said person's judgment;
   50    2.] requiring that the labor be performed to retire, repay, or service
   51  a real or purported debt that the actor has caused by a systematic ongo-
   52  ing course of conduct with intent to defraud such person;
   53    [3.]  2.  withholding,  destroying,  or  confiscating  any  actual  or
   54  purported  passport,  immigration  document,  or  any  other  actual  or
   55  purported government identification document,  of  another  person  with
   56  intent  to  impair said person's freedom of movement; provided, however,
       S. 7540                            15
    1  that this subdivision shall not apply to an attempt to correct a  social
    2  security  administration  record or immigration agency record in accord-
    3  ance with any local, state, or federal agency  requirement,  where  such
    4  attempt is not made for the purpose of any express or implied threat;
    5    [4.]  3.  using  force  or  engaging in any scheme, plan or pattern to
    6  compel or induce such person to engage in or continue to engage in labor
    7  activity by means of instilling a fear  in  such  person  that,  if  the
    8  demand is not complied with, the actor or another will do one or more of
    9  the following:
   10    (a)  cause  physical  injury,  serious  physical injury, or death to a
   11  person; or
   12    (b) cause damage to property, other than the property of the actor; or
   13    (c) engage in other conduct constituting a felony or  unlawful  impri-
   14  sonment  in  the  second  degree  in violation of section 135.05 of this
   15  [chapter] ARTICLE; or
   16    (d) accuse some person of a crime or cause criminal charges or  depor-
   17  tation  proceedings  to  be  instituted  against  such person; provided,
   18  however, that it shall be an affirmative  defense  to  this  subdivision
   19  that  the defendant reasonably believed the threatened charge to be true
   20  and that his or her sole purpose was to compel or induce the  victim  to
   21  take  reasonable  action to make good the wrong which was the subject of
   22  such threatened charge; or
   23    (e) expose a secret or publicize an asserted  fact,  whether  true  or
   24  false,  tending  to subject some person to hatred, contempt or ridicule;
   25  or
   26    (f) testify or provide information or withhold testimony  or  informa-
   27  tion with respect to another's legal claim or defense; or
   28    (g) use or abuse his or her position as a public servant by performing
   29  some  act within or related to his or her official duties, or by failing
   30  or refusing to perform an official duty, in such  manner  as  to  affect
   31  some person adversely.
   32    Labor trafficking is a class D felony.
   33    S 5-a. The penal law is amended by adding a new section 135.37 to read
   34  as follows:
   35  S 135.37 AGGRAVATED LABOR TRAFFICKING.
   36    A  PERSON  IS  GUILTY  OF  AGGRAVATED  LABOR  TRAFFICKING IF HE OR SHE
   37  COMPELS OR INDUCES ANOTHER TO ENGAGE  IN  LABOR  OR  RECRUITS,  ENTICES,
   38  HARBORS,  OR TRANSPORTS SUCH OTHER PERSON TO ENGAGE IN LABOR BY MEANS OF
   39  INTENTIONALLY UNLAWFULLY PROVIDING A CONTROLLED SUBSTANCE TO SUCH PERSON
   40  WITH INTENT TO IMPAIR SAID PERSON'S JUDGMENT.
   41    AGGRAVATED LABOR TRAFFICKING IS A CLASS C FELONY.
   42    S 5-b. Paragraph (a) of subdivision 1 of section 460.10 of  the  penal
   43  law,  as  amended  by section 16 of subpart A of part H of chapter 55 of
   44  the laws of 2014, is amended to read as follows:
   45    (a) Any of the felonies set forth in this  chapter:  sections  120.05,
   46  120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat-
   47  ing  to  strangulation;  sections 125.10 to 125.27 relating to homicide;
   48  sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and
   49  135.25 relating to kidnapping;  [section]  SECTIONS  135.35  AND  135.37
   50  relating  to  labor  trafficking;  section  135.65 relating to coercion;
   51  sections 140.20,  140.25  and  140.30  relating  to  burglary;  sections
   52  145.05,  145.10  and  145.12  relating to criminal mischief; article one
   53  hundred fifty relating to arson; sections  155.30,  155.35,  155.40  and
   54  155.42  relating  to  grand larceny; sections 177.10, 177.15, 177.20 and
   55  177.25 relating to health care fraud; article one hundred sixty relating
   56  to robbery; sections 165.45, 165.50, 165.52 and 165.54 relating to crim-
       S. 7540                            16
    1  inal possession of stolen property; sections 165.72 and 165.73  relating
    2  to  trademark  counterfeiting;  sections 170.10, 170.15, 170.25, 170.30,
    3  170.40, 170.65 and 170.70 relating to forgery; sections 175.10,  175.25,
    4  175.35, 175.40 and 210.40 relating to false statements; sections 176.15,
    5  176.20,  176.25  and 176.30 relating to insurance fraud; sections 178.20
    6  and 178.25 relating to criminal diversion  of  prescription  medications
    7  and  prescriptions;  sections  180.03,  180.08,  180.15, 180.25, 180.40,
    8  180.45, 200.00, 200.03, 200.04, 200.10, 200.11, 200.12, 200.20,  200.22,
    9  200.25,  200.27,  200.56,  215.00,  215.05  and 215.19; sections 187.10,
   10  187.15, 187.20  and  187.25  relating  to  residential  mortgage  fraud,
   11  sections  190.40  and  190.42 relating to criminal usury; section 190.65
   12  relating to schemes to defraud;  any  felony  defined  in  article  four
   13  hundred  ninety-six;  sections  205.60  and 205.65 relating to hindering
   14  prosecution; sections 210.10, 210.15, and 215.51 relating to perjury and
   15  contempt; section 215.40 relating to tampering with  physical  evidence;
   16  sections 220.06, 220.09, 220.16, 220.18, 220.21, 220.31, 220.34, 220.39,
   17  220.41, 220.43, 220.46, 220.55, 220.60 and 220.77 relating to controlled
   18  substances;  sections  225.10  and 225.20 relating to gambling; sections
   19  230.25, 230.30, and 230.32 relating to promoting  prostitution;  section
   20  230.34  relating to sex trafficking; sections 235.06, 235.07, 235.21 and
   21  235.22 relating to obscenity; sections 263.10  and  263.15  relating  to
   22  promoting  a  sexual  performance  by  a child; sections 265.02, 265.03,
   23  265.04, 265.11, 265.12, 265.13 and  the  provisions  of  section  265.10
   24  which constitute a felony relating to firearms and other dangerous weap-
   25  ons;  and  sections  265.14  and  265.16  relating to criminal sale of a
   26  firearm; and section 275.10, 275.20, 275.30, or 275.40 relating to unau-
   27  thorized recordings; and sections  470.05,  470.10,  470.15  and  470.20
   28  relating to money laundering; or
   29    S  5-c.  Paragraphs  (b) and (h) of subdivision 8 of section 700.05 of
   30  the criminal procedure law, paragraph (b) as amended by chapter  405  of
   31  the laws of 2010 and paragraph (h) as amended by chapter 154 of the laws
   32  of 1990, are amended to read as follows:
   33    (b)  Any  of  the  following felonies: assault in the second degree as
   34  defined in section 120.05 of the penal law, assault in the first  degree
   35  as  defined in section 120.10 of the penal law, reckless endangerment in
   36  the first degree as defined in section 120.25 of the penal law,  promot-
   37  ing  a  suicide  attempt  as defined in section 120.30 of the penal law,
   38  strangulation in the second degree as defined in section 121.12  of  the
   39  penal  law,  strangulation  in  the  first  degree as defined in section
   40  121.13 of the penal law, criminally negligent  homicide  as  defined  in
   41  section  125.10  of  the penal law, manslaughter in the second degree as
   42  defined in section 125.15 of the penal law, manslaughter  in  the  first
   43  degree  as  defined  in  section  125.20 of the penal law, murder in the
   44  second degree as defined in section 125.25 of the penal law,  murder  in
   45  the first degree as defined in section 125.27 of the penal law, abortion
   46  in  the  second  degree  as  defined in section 125.40 of the penal law,
   47  abortion in the first degree as defined in section 125.45 of  the  penal
   48  law,  rape in the third degree as defined in section 130.25 of the penal
   49  law, rape in the second degree as defined in section 130.30 of the penal
   50  law, rape in the first degree as defined in section 130.35 of the  penal
   51  law,  criminal  sexual  act  in  the  third degree as defined in section
   52  130.40 of the penal law, criminal sexual act in  the  second  degree  as
   53  defined  in  section 130.45 of the penal law, criminal sexual act in the
   54  first degree as defined in section 130.50 of the penal law, sexual abuse
   55  in the first degree as defined in  section  130.65  of  the  penal  law,
   56  unlawful  imprisonment  in the first degree as defined in section 135.10
       S. 7540                            17
    1  of the penal law, kidnapping in the second degree as defined in  section
    2  135.20  of  the  penal law, kidnapping in the first degree as defined in
    3  section 135.25 of the penal law, labor trafficking as defined in section
    4  135.35  of  the  penal  law,  AGGRAVATED LABOR TRAFFICKING AS DEFINED IN
    5  SECTION 135.37 OF THE PENAL LAW, custodial  interference  in  the  first
    6  degree  as  defined  in section 135.50 of the penal law, coercion in the
    7  first degree as defined in section 135.65 of  the  penal  law,  criminal
    8  trespass  in  the first degree as defined in section 140.17 of the penal
    9  law, burglary in the third degree as defined in section  140.20  of  the
   10  penal law, burglary in the second degree as defined in section 140.25 of
   11  the penal law, burglary in the first degree as defined in section 140.30
   12  of  the  penal  law, criminal mischief in the third degree as defined in
   13  section 145.05 of the penal law, criminal mischief in the second  degree
   14  as  defined in section 145.10 of the penal law, criminal mischief in the
   15  first degree as defined in section 145.12 of  the  penal  law,  criminal
   16  tampering  in the first degree as defined in section 145.20 of the penal
   17  law, arson in the fourth degree as defined  in  section  150.05  of  the
   18  penal law, arson in the third degree as defined in section 150.10 of the
   19  penal  law,  arson  in the second degree as defined in section 150.15 of
   20  the penal law, arson in the first degree as defined in section 150.20 of
   21  the penal law, grand larceny in the fourth degree as defined in  section
   22  155.30 of the penal law, grand larceny in the third degree as defined in
   23  section  155.35  of the penal law, grand larceny in the second degree as
   24  defined in section 155.40 of the penal law, grand larceny in  the  first
   25  degree  as defined in section 155.42 of the penal law, health care fraud
   26  in the fourth degree as defined in section  177.10  of  the  penal  law,
   27  health  care  fraud  in the third degree as defined in section 177.15 of
   28  the penal law, health care fraud in the  second  degree  as  defined  in
   29  section  177.20  of the penal law, health care fraud in the first degree
   30  as defined in section 177.25 of the penal  law,  robbery  in  the  third
   31  degree  as  defined  in  section 160.05 of the penal law, robbery in the
   32  second degree as defined in section 160.10 of the penal law, robbery  in
   33  the first degree as defined in section 160.15 of the penal law, unlawful
   34  use  of  secret  scientific material as defined in section 165.07 of the
   35  penal law, criminal possession of stolen property in the  fourth  degree
   36  as  defined  in  section 165.45 of the penal law, criminal possession of
   37  stolen property in the third degree as defined in section 165.50 of  the
   38  penal  law,  criminal possession of stolen property in the second degree
   39  as defined by section 165.52 of the penal law,  criminal  possession  of
   40  stolen  property in the first degree as defined by section 165.54 of the
   41  penal law, trademark counterfeiting in the second degree as  defined  in
   42  section  165.72  of the penal law, trademark counterfeiting in the first
   43  degree as defined in section 165.73 of the penal  law,  forgery  in  the
   44  second  degree as defined in section 170.10 of the penal law, forgery in
   45  the first degree as defined in section 170.15 of the penal law, criminal
   46  possession of a forged instrument in the second  degree  as  defined  in
   47  section 170.25 of the penal law, criminal possession of a forged instru-
   48  ment  in the first degree as defined in section 170.30 of the penal law,
   49  criminal possession of forgery devices as defined in section  170.40  of
   50  the  penal  law,  falsifying  business  records  in  the first degree as
   51  defined in section 175.10  of  the  penal  law,  tampering  with  public
   52  records  in  the  first degree as defined in section 175.25 of the penal
   53  law, offering a false instrument for  filing  in  the  first  degree  as
   54  defined  in section 175.35 of the penal law, issuing a false certificate
   55  as defined in section 175.40 of the penal  law,  criminal  diversion  of
   56  prescription  medications  and  prescriptions  in  the  second degree as
       S. 7540                            18
    1  defined in section 178.20  of  the  penal  law,  criminal  diversion  of
    2  prescription  medications  and  prescriptions  in  the  first  degree as
    3  defined in section 178.25 of the penal law, residential  mortgage  fraud
    4  in  the  fourth  degree  as  defined in section 187.10 of the penal law,
    5  residential mortgage fraud in the third degree  as  defined  in  section
    6  187.15 of the penal law, residential mortgage fraud in the second degree
    7  as  defined  in  section  187.20  of the penal law, residential mortgage
    8  fraud in the first degree as defined in section 187.25 of the penal law,
    9  escape in the second degree as defined in section 205.10  of  the  penal
   10  law,  escape  in  the  first  degree as defined in section 205.15 of the
   11  penal law, absconding from temporary release  in  the  first  degree  as
   12  defined  in section 205.17 of the penal law, promoting prison contraband
   13  in the first degree as defined in  section  205.25  of  the  penal  law,
   14  hindering  prosecution in the second degree as defined in section 205.60
   15  of the penal law, hindering prosecution in the first degree  as  defined
   16  in  section  205.65  of  the  penal  law,  sex trafficking as defined in
   17  section 230.34 of the penal law, criminal possession of a weapon in  the
   18  third  degree  as defined in subdivisions two, three and five of section
   19  265.02 of the penal law, criminal possession of a weapon in  the  second
   20  degree  as  defined  in  section  265.03  of  the  penal  law,  criminal
   21  possession of a weapon in the first degree as defined in section  265.04
   22  of  the penal law, manufacture, transport, disposition and defacement of
   23  weapons and dangerous instruments and appliances defined as felonies  in
   24  subdivisions  one,  two,  and  three of section 265.10 of the penal law,
   25  sections 265.11, 265.12 and 265.13 of the penal law, or  prohibited  use
   26  of  weapons as defined in subdivision two of section 265.35 of the penal
   27  law, relating to firearms and other dangerous  weapons,  or  failure  to
   28  disclose  the  origin  of  a recording in the first degree as defined in
   29  section 275.40 of the penal law;
   30    (h) Promoting prostitution in the first degree, as defined in  section
   31  230.32 of the penal law, promoting prostitution in the second degree, as
   32  defined by subdivision one of section 230.30 of the penal law, PROMOTING
   33  PROSTITUTION  IN  THE  THIRD DEGREE, AS DEFINED IN SECTION 230.25 OF THE
   34  PENAL LAW;
   35    S 6. The penal law is amended by adding a new section 230.01  to  read
   36  as follows:
   37  S 230.01 PROSTITUTION; AFFIRMATIVE DEFENSE.
   38    IN ANY PROSECUTION UNDER SECTION 230.00, SECTION 230.03 OR SUBDIVISION
   39  TWO  OF  SECTION  240.37 OF THIS PART, IT IS AN AFFIRMATIVE DEFENSE THAT
   40  THE DEFENDANT'S PARTICIPATION IN THE OFFENSE WAS A RESULT OF HAVING BEEN
   41  A VICTIM OF COMPELLING PROSTITUTION UNDER SECTION 230.33,  A  VICTIM  OF
   42  SEX  TRAFFICKING  UNDER  SECTION  230.34  OF THIS ARTICLE OR A VICTIM OF
   43  TRAFFICKING IN PERSONS UNDER  THE  TRAFFICKING  VICTIMS  PROTECTION  ACT
   44  (UNITED STATES CODE, TITLE 22, CHAPTER 78).
   45    S  7.  The  section heading and subdivision 1 of section 230.02 of the
   46  penal law, as amended by chapter 627 of the laws of 1978, are amended to
   47  read as follows:
   48    Patronizing a [prostitute] PERSON FOR PROSTITUTION; definitions.
   49    1. A person patronizes a [prostitute] PERSON FOR PROSTITUTION when:
   50    (a) Pursuant to a prior understanding, he OR SHE pays a fee to another
   51  person as compensation for such person or a third person having  engaged
   52  in sexual conduct with him OR HER; or
   53    (b)  He  OR SHE pays or agrees to pay a fee to another person pursuant
   54  to an understanding that in return  therefor  such  person  or  a  third
   55  person will engage in sexual conduct with him OR HER; or
       S. 7540                            19
    1    (c)  He OR SHE solicits or requests another person to engage in sexual
    2  conduct with him OR HER in return for a fee.
    3    S  8.  Subdivision  2  of section 230.03 of the penal law, as added by
    4  chapter 191 of the laws of 2011, is amended to read as follows:
    5    2. For the purposes of this section, SECTION 230.08 and section 230.19
    6  of this article, "school zone" means (a) in or on or within  any  build-
    7  ing,  structure,  athletic  playing  field, playground or land contained
    8  within the real property boundary line of a public or private  elementa-
    9  ry, parochial, intermediate, junior high, vocational, or high school, or
   10  (b)  any  public  sidewalk,  street,  parking  lot,  park, playground or
   11  private land, located immediately adjacent to the boundary line of  such
   12  school.
   13    S  9. Section 230.04 of the penal law, as amended by chapter 74 of the
   14  laws of 2007, is amended to read as follows:
   15  S 230.04 Patronizing a [prostitute] PERSON FOR PROSTITUTION in the third
   16             degree.
   17    A person is guilty of patronizing a [prostitute] PERSON FOR  PROSTITU-
   18  TION in the third degree when he or she patronizes a [prostitute] PERSON
   19  FOR PROSTITUTION.
   20    Patronizing a [prostitute] PERSON FOR PROSTITUTION in the third degree
   21  is a class A misdemeanor.
   22    S  10. Section 230.05 of the penal law, as added by chapter 627 of the
   23  laws of 1978, is amended to read as follows:
   24  S 230.05 Patronizing a  [prostitute]  PERSON  FOR  PROSTITUTION  in  the
   25             second degree.
   26    A  person is guilty of patronizing a [prostitute] PERSON FOR PROSTITU-
   27  TION in the second degree when, being [over] eighteen years [of age] OLD
   28  OR MORE, he OR SHE patronizes a [prostitute] PERSON FOR PROSTITUTION and
   29  the person patronized is less than [fourteen]  FIFTEEN  years  [of  age]
   30  OLD.
   31    Patronizing  a  [prostitute]  PERSON  FOR  PROSTITUTION  in the second
   32  degree is a class E felony.
   33    S 11. Section 230.06 of the penal law, as added by chapter 627 of  the
   34  laws of 1978, is amended to read as follows:
   35  S 230.06 Patronizing a [prostitute] PERSON FOR PROSTITUTION in the first
   36             degree.
   37    A  person is guilty of patronizing a [prostitute] PERSON FOR PROSTITU-
   38  TION in the first degree when [he]:
   39    1. HE OR SHE patronizes a [prostitute] PERSON FOR PROSTITUTION and the
   40  person patronized is less than eleven years [of age] OLD; OR
   41    2. BEING EIGHTEEN YEARS OLD OR MORE, HE OR SHE PATRONIZES A PERSON FOR
   42  PROSTITUTION AND THE PERSON PATRONIZED IS LESS THAN THIRTEEN YEARS OLD.
   43    Patronizing a [prostitute] PERSON FOR PROSTITUTION in the first degree
   44  is a class D felony.
   45    S 11-a. Section 230.07 of the penal law, as amended by chapter  74  of
   46  the laws of 2007, is amended to read as follows:
   47  S 230.07 Patronizing a [prostitute] PERSON FOR PROSTITUTION; defense.
   48    In any prosecution for patronizing a [prostitute] PERSON FOR PROSTITU-
   49  TION  in the first or second degrees OR PATRONIZING A PERSON FOR PROSTI-
   50  TUTION IN A SCHOOL ZONE, it is a defense that the defendant did not have
   51  reasonable grounds to believe that the person  was  less  than  the  age
   52  specified.
   53    S  12. The penal law is amended by adding a new section 230.08 to read
   54  as follows:
   55  S 230.08 PATRONIZING A PERSON FOR PROSTITUTION IN A SCHOOL ZONE.
       S. 7540                            20
    1    1. A PERSON IS GUILTY OF PATRONIZING A PERSON FOR  PROSTITUTION  IN  A
    2  SCHOOL  ZONE  WHEN,  BEING  TWENTY-ONE  YEARS OF AGE OR OLDER, HE OR SHE
    3  PATRONIZES A PERSON FOR PROSTITUTION AND THE PERSON PATRONIZED  IS  LESS
    4  THAN  EIGHTEEN  YEARS OF AGE AT A PLACE THAT HE OR SHE KNOWS, OR REASON-
    5  ABLY SHOULD KNOW, IS IN A SCHOOL ZONE.
    6    2.  FOR  PURPOSES  OF  THIS  SECTION, "SCHOOL ZONE" SHALL MEAN "SCHOOL
    7  ZONE" AS DEFINED IN SUBDIVISION TWO OF SECTION 230.03 OF THIS ARTICLE.
    8    PATRONIZING A PERSON FOR PROSTITUTION IN A SCHOOL ZONE IS  A  CLASS  E
    9  FELONY.
   10    S  13. The section heading and the opening paragraph of section 230.10
   11  of the penal law are amended to read as follows:
   12    Prostitution and patronizing a [prostitute] PERSON  FOR  PROSTITUTION;
   13  no defense.
   14    In  any  prosecution  for  prostitution  or patronizing a [prostitute]
   15  PERSON FOR PROSTITUTION, the sex  of  the  two  parties  or  prospective
   16  parties  to  the sexual conduct engaged in, contemplated or solicited is
   17  immaterial, and it is no defense that:
   18    S 14. The penal law is amended by adding three  new  sections  230.11,
   19  230.12 and 230.13 to read as follows:
   20  S 230.11 AGGRAVATED  PATRONIZING  A  MINOR FOR PROSTITUTION IN THE THIRD
   21             DEGREE.
   22    A PERSON IS GUILTY OF AGGRAVATED PATRONIZING A MINOR FOR  PROSTITUTION
   23  IN  THE THIRD DEGREE WHEN, BEING TWENTY-ONE YEARS OLD OR MORE, HE OR SHE
   24  PATRONIZES A PERSON FOR PROSTITUTION AND THE PERSON PATRONIZED  IS  LESS
   25  THAN SEVENTEEN YEARS OLD AND THE PERSON GUILTY OF PATRONIZING ENGAGES IN
   26  SEXUAL  INTERCOURSE, ORAL SEXUAL CONDUCT, ANAL SEXUAL CONDUCT, OR AGGRA-
   27  VATED SEXUAL CONDUCT AS THOSE TERMS ARE DEFINED  IN  SECTION  130.00  OF
   28  THIS PART.
   29    AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE THIRD DEGREE IS
   30  A CLASS E FELONY.
   31  S 230.12 AGGRAVATED  PATRONIZING  A MINOR FOR PROSTITUTION IN THE SECOND
   32             DEGREE.
   33    A PERSON IS GUILTY OF AGGRAVATED PATRONIZING A MINOR FOR  PROSTITUTION
   34  IN  THE  SECOND DEGREE WHEN, BEING EIGHTEEN YEARS OLD OR MORE, HE OR SHE
   35  PATRONIZES A PERSON FOR PROSTITUTION AND THE PERSON PATRONIZED  IS  LESS
   36  THAN  FIFTEEN  YEARS OLD AND THE PERSON GUILTY OF PATRONIZING ENGAGES IN
   37  SEXUAL INTERCOURSE, ORAL SEXUAL CONDUCT, ANAL SEXUAL CONDUCT, OR  AGGRA-
   38  VATED  SEXUAL  CONDUCT  AS  THOSE TERMS ARE DEFINED IN SECTION 130.00 OF
   39  THIS PART.
   40    AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE  SECOND  DEGREE
   41  IS A CLASS D FELONY.
   42  S 230.13 AGGRAVATED  PATRONIZING  A  MINOR FOR PROSTITUTION IN THE FIRST
   43             DEGREE.
   44    A PERSON IS GUILTY OF AGGRAVATED PATRONIZING A MINOR FOR  PROSTITUTION
   45  IN  THE FIRST DEGREE WHEN HE OR SHE PATRONIZES A PERSON FOR PROSTITUTION
   46  AND THE PERSON PATRONIZED IS LESS THAN ELEVEN YEARS OLD, OR BEING  EIGH-
   47  TEEN  YEARS  OLD OR MORE, HE OR SHE PATRONIZES A PERSON FOR PROSTITUTION
   48  AND THE PERSON PATRONIZED IS LESS  THAN  THIRTEEN  YEARS  OLD,  AND  THE
   49  PERSON  GUILTY OF PATRONIZING ENGAGES IN SEXUAL INTERCOURSE, ORAL SEXUAL
   50  CONDUCT, ANAL SEXUAL CONDUCT, OR  AGGRAVATED  SEXUAL  CONDUCT  AS  THOSE
   51  TERMS ARE DEFINED IN SECTION 130.00 OF THIS PART.
   52    AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE FIRST DEGREE IS
   53  A CLASS B FELONY.
   54    S  15.  Subdivisions  1  and  2 of section 230.15 of the penal law are
   55  amended to read as follows:
       S. 7540                            21
    1    1. "Advance prostitution."  A  person  "advances  prostitution"  when,
    2  acting  other  than  as  a  [prostitute]  PERSON IN PROSTITUTION or as a
    3  patron thereof, he OR SHE knowingly causes or aids a person to commit or
    4  engage in prostitution, procures or solicits patrons  for  prostitution,
    5  provides  persons  or  premises  for  prostitution purposes, operates or
    6  assists in the operation of a house of prostitution  or  a  prostitution
    7  enterprise,  or  engages in any other conduct designed to institute, aid
    8  or facilitate an act or enterprise of prostitution.
    9    2. "Profit from prostitution." A person  "profits  from  prostitution"
   10  when, acting other than as a [prostitute] PERSON IN PROSTITUTION receiv-
   11  ing  compensation  for  personally rendered prostitution services, he OR
   12  SHE accepts or receives money or other property pursuant to an agreement
   13  or understanding with any person whereby he OR SHE participates or is to
   14  participate in the proceeds of prostitution activity.
   15    S 16. Subdivision 1 of section 230.19 of the penal law,  as  added  by
   16  chapter 191 of the laws of 2011, is amended to read as follows:
   17    1. A person is guilty of promoting prostitution in a school zone when,
   18  being  nineteen  years [of age] OLD or [older] MORE, he or she knowingly
   19  advances or profits from prostitution that he or she knows or reasonably
   20  should know is or will be committed in violation of  section  230.03  of
   21  this  article  in  a  school  zone  during  the  hours that school is in
   22  session.
   23    S 17. The opening paragraph and subdivision 1 of section 230.25 of the
   24  penal law, the opening paragraph as amended by chapter 627 of  the  laws
   25  of  1978 and subdivision 1 as amended by chapter 74 of the laws of 2007,
   26  are amended to read as follows:
   27    A person is guilty of promoting prostitution in the third degree  when
   28  he OR SHE knowingly:
   29    1.  Advances  or  profits  from prostitution by managing, supervising,
   30  controlling or owning, either alone or in  association  with  others,  a
   31  house of prostitution or a prostitution business or enterprise involving
   32  prostitution  activity by two or more [prostitutes] PERSONS IN PROSTITU-
   33  TION, or a business that sells travel-related services knowing that such
   34  services include or are intended to facilitate travel for the purpose of
   35  patronizing a [prostitute]  PERSON  FOR  PROSTITUTION,  including  to  a
   36  foreign  jurisdiction  and regardless of the legality of prostitution in
   37  said foreign jurisdiction; or
   38    S 18. Section 230.30 of the penal law, as amended by  chapter  627  of
   39  the laws of 1978, is amended to read as follows:
   40  S 230.30 Promoting prostitution in the second degree.
   41    A person is guilty of promoting prostitution in the second degree when
   42  he OR SHE knowingly:
   43    1.  Advances  prostitution  by  compelling a person by force or intim-
   44  idation to engage in prostitution, or profits from such coercive conduct
   45  by another; or
   46    2. Advances or  profits  from  prostitution  of  a  person  less  than
   47  [sixteen] EIGHTEEN years old.
   48    Promoting prostitution in the second degree is a class C felony.
   49    S  19. The first undesignated paragraph of section 230.32 of the penal
   50  law, as added by chapter 627 of the laws of 1978, is amended to read  as
   51  follows:
   52    A  person is guilty of promoting prostitution in the first degree when
   53  he OR SHE:
   54    1. knowingly advances or profits from prostitution of  a  person  less
   55  than [eleven] THIRTEEN years old; OR
       S. 7540                            22
    1    2. BEING TWENTY-ONE YEARS OLD OR MORE, HE OR SHE KNOWINGLY ADVANCES OR
    2  PROFITS FROM PROSTITUTION OF A PERSON LESS THAN FIFTEEN YEARS OF AGE.
    3    S  20. Section 230.33 of the penal law, as added by chapter 450 of the
    4  laws of 2005, is amended to read as follows:
    5  S 230.33 Compelling prostitution.
    6    A person is guilty of compelling prostitution when, being [twenty-one]
    7  EIGHTEEN years [of age or older]  OLD  OR  MORE,  he  or  she  knowingly
    8  advances  prostitution  by compelling a person less than [sixteen] EIGH-
    9  TEEN years old, by force or intimidation, to engage in prostitution.
   10    Compelling prostitution is a class B felony.
   11    S 21. Intentionally omitted.
   12    S 22. Section 230.35 of the penal law, as amended by  chapter  450  of
   13  the laws of 2005, is amended to read as follows:
   14  S 230.35 Promoting or compelling prostitution; accomplice.
   15    In  a  prosecution  for promoting prostitution or compelling prostitu-
   16  tion, a person less than [seventeen] EIGHTEEN years [of  age]  OLD  from
   17  whose  prostitution  activity another person is alleged to have advanced
   18  or attempted to advance or profited or attempted to profit shall not  be
   19  deemed to be an accomplice.
   20    S  23. The first undesignated paragraph of section 230.40 of the penal
   21  law is amended to read as follows:
   22    A person is guilty of permitting prostitution when, having  possession
   23  or  control  of premises OR VEHICLE which he OR SHE knows are being used
   24  for prostitution purposes OR FOR THE PURPOSE OF ADVANCING  PROSTITUTION,
   25  he OR SHE fails to make reasonable effort to halt or abate such use.
   26    S  24.  Subdivision  2 of section 240.37 of the penal law, as added by
   27  chapter 344 of the laws of 1976, is amended, and subdivision 3 is renum-
   28  bered subdivision 4 and a new subdivision 3 is added to read as follows:
   29    2. Any person who remains or wanders  about  in  a  public  place  and
   30  repeatedly  beckons  to,  or repeatedly stops, or repeatedly attempts to
   31  stop, or repeatedly attempts to engage passers-by  in  conversation,  or
   32  repeatedly  stops  or  attempts  to  stop  motor vehicles, or repeatedly
   33  interferes with the free passage of other persons, for  the  purpose  of
   34  prostitution[,  or  of  patronizing  a prostitute as those terms are] AS
   35  THAT TERM IS defined in article two hundred thirty of  [the  penal  law]
   36  THIS  PART,  shall  be  guilty of a violation and is guilty of a class B
   37  misdemeanor if such person has previously been convicted of a  violation
   38  of  this  section  or  of  [sections] SECTION 230.00 [or 230.05] of [the
   39  penal law] THIS PART.
   40    3. ANY PERSON WHO REMAINS OR WANDERS  ABOUT  IN  A  PUBLIC  PLACE  AND
   41  REPEATEDLY  BECKONS  TO,  OR REPEATEDLY STOPS, OR REPEATEDLY ATTEMPTS TO
   42  STOP, OR REPEATEDLY ATTEMPTS TO ENGAGE PASSERS-BY  IN  CONVERSATION,  OR
   43  REPEATEDLY  STOPS  OR  ATTEMPTS  TO  STOP  MOTOR VEHICLES, OR REPEATEDLY
   44  INTERFERES WITH THE FREE PASSAGE OF OTHER PERSONS, FOR  THE  PURPOSE  OF
   45  PATRONIZING  A  PERSON  FOR PROSTITUTION AS DEFINED IN SECTION 230.02 OF
   46  THIS PART, SHALL BE GUILTY OF A VIOLATION AND IS GUILTY  OF  A  CLASS  B
   47  MISDEMEANOR  IF SUCH PERSON HAS PREVIOUSLY BEEN CONVICTED OF A VIOLATION
   48  OF THIS SECTION OR OF SECTION 230.04, 230.05, 230.06 OR 230.08  OF  THIS
   49  PART.
   50    S  25.  Subdivision 6 of section 380.50 of the criminal procedure law,
   51  as amended by chapter 320 of the laws of 2006, is  amended  to  read  as
   52  follows:
   53    6.  Regardless of whether the victim requests to make a statement with
   54  regard to the defendant's sentence, where the defendant is sentenced for
   55  a violent felony offense as defined in section 70.02 of the penal law or
   56  a felony defined in article one hundred twenty-five of such law  or  any
       S. 7540                            23
    1  of the following provisions of such law sections 130.25, 130.30, 130.40,
    2  130.45, 255.25, 255.26, 255.27, article two hundred sixty-three, 135.10,
    3  135.25,  230.05,  230.06,  230.11,  230.12,  230.13,  subdivision two of
    4  section 230.30 or 230.32, the prosecutor shall, within sixty days of the
    5  imposition  of  sentence,  provide  the  victim with a form on which the
    6  victim may indicate a demand to be informed of any  petition  to  change
    7  the  name  of  such  defendant.   Such forms shall be maintained by such
    8  prosecutor. Upon receipt of a notice of a petition to change the name of
    9  any such defendant, pursuant to subdivision two of section sixty-two  of
   10  the civil rights law, the prosecutor shall promptly notify the victim at
   11  the  most current address or telephone number provided by such victim in
   12  the most reasonable and expedient possible manner of the time and  place
   13  such petition will be presented to the court.
   14    S 26. Paragraph (i) of subdivision 1 of section 440.10 of the criminal
   15  procedure  law,  as added by chapter 332 of the laws of 2010, is amended
   16  to read as follows:
   17    (i) The judgment is a conviction where the arresting charge was  under
   18  section  240.37 (loitering for the purpose of engaging in a prostitution
   19  offense, provided that the defendant was not alleged to be loitering for
   20  the purpose of patronizing a prostitute or  promoting  prostitution)  or
   21  230.00  (prostitution)  OR  230.03 of the penal law, and the defendant's
   22  participation in the offense was a result of having been a victim of sex
   23  trafficking under section 230.34 of the  penal  law,  LABOR  TRAFFICKING
   24  UNDER  SECTION  135.35  OF  THE  PENAL LAW, AGGRAVATED LABOR TRAFFICKING
   25  UNDER SECTION 135.37 OF THE PENAL  LAW,  COMPELLING  PROSTITUTION  UNDER
   26  SECTION  230.33  OF  THE  PENAL LAW, or trafficking in persons under the
   27  Trafficking Victims Protection Act (United States Code, title 22,  chap-
   28  ter 78); provided that
   29    (i)  a  motion  under this paragraph shall be made with due diligence,
   30  after the defendant has ceased to be a victim  of  such  trafficking  OR
   31  COMPELLING PROSTITUTION CRIME or has sought services for victims of such
   32  trafficking  OR  COMPELLING  PROSTITUTION  CRIME,  subject to reasonable
   33  concerns for the safety of the defendant, family members of the  defend-
   34  ant,  or  other  victims  of such trafficking OR COMPELLING PROSTITUTION
   35  CRIME that may be jeopardized by the bringing of  such  motion,  or  for
   36  other reasons consistent with the purpose of this paragraph; and
   37    (ii)  official  documentation of the defendant's status as a victim of
   38  [sex] trafficking, COMPELLING PROSTITUTION or trafficking in persons  at
   39  the time of the offense from a federal, state or local government agency
   40  shall  create  a  presumption  that the defendant's participation in the
   41  offense was a result of having been a victim of sex trafficking, COMPEL-
   42  LING PROSTITUTION or trafficking in persons, but shall not  be  required
   43  for granting a motion under this paragraph.
   44    S 27. Intentionally omitted.
   45    S 28. Section 483-bb of the social services law is amended by adding a
   46  new subdivision (c) to read as follows:
   47    (C) AN INDIVIDUAL WHO IS A VICTIM OF THE CONDUCT PROHIBITED BY SECTION
   48  230.33,  230.34,  135.35  OR  135.37  OF THE PENAL LAW MAY BRING A CIVIL
   49  ACTION AGAINST THE PERPETRATOR OR WHOEVER KNOWINGLY ADVANCES OR  PROFITS
   50  FROM,  OR WHOEVER SHOULD HAVE KNOWN HE OR SHE WAS ADVANCING OR PROFITING
   51  FROM, AN ACT IN VIOLATION OF SECTION 230.33, 230.34, 135.35 OR 135.37 OF
   52  THE PENAL LAW TO RECOVER DAMAGES AND REASONABLE ATTORNEY'S FEES.
   53    S 29. Section 212 of the civil practice law and rules  is  amended  by
   54  adding a new subdivision (e) to read as follows:
   55    (E)  BY A VICTIM OF SEX TRAFFICKING, COMPELLING PROSTITUTION, OR LABOR
   56  TRAFFICKING. AN ACTION BY A VICTIM OF SEX TRAFFICKING, COMPELLING  PROS-
       S. 7540                            24
    1  TITUTION,  LABOR  TRAFFICKING  OR  AGGRAVATED LABOR TRAFFICKING, BROUGHT
    2  PURSUANT TO SUBDIVISION (C) OF SECTION FOUR HUNDRED  EIGHTY-THREE-BB  OF
    3  THE  SOCIAL  SERVICES  LAW, MAY BE COMMENCED WITHIN TEN YEARS AFTER SUCH
    4  VICTIMIZATION  OCCURS PROVIDED, HOWEVER, THAT SUCH TEN YEAR PERIOD SHALL
    5  NOT BEGIN TO RUN AND SHALL BE TOLLED DURING  ANY  PERIOD  IN  WHICH  THE
    6  VICTIM IS OR REMAINS SUBJECT TO SUCH CONDUCT.
    7    S 30. Subdivision (a) of section 483-cc of the social services law, as
    8  added by chapter 74 of the laws of 2007, is amended to read as follows:
    9    (a)  As  soon as practicable after a first encounter with a person who
   10  reasonably appears to a law enforcement agency [or a],  district  attor-
   11  ney's  office,  OR  AN  ESTABLISHED PROVIDER OF SOCIAL OR LEGAL SERVICES
   12  DESIGNATED BY THE OFFICE OF TEMPORARY AND AND DISABILITY  ASSISTANCE  OR
   13  THE  OFFICE  FOR  THE  PREVENTION  OF DOMESTIC VIOLENCE OR THE OFFICE OF
   14  VICTIM SERVICES to be a human trafficking victim, that [agency  or]  LAW
   15  ENFORCEMENT AGENCY OR DISTRICT ATTORNEY'S office shall notify the office
   16  of  temporary  and  disability  assistance  and the division of criminal
   17  justice services that such person may be  eligible  for  services  under
   18  this  article  OR,  IN  THE CASE OF AN ESTABLISHED PROVIDER OF SOCIAL OR
   19  LEGAL SERVICES, SHALL NOTIFY THE  OFFICE  OF  TEMPORARY  AND  DISABILITY
   20  ASSISTANCE  AND THE DIVISION OF CRIMINAL JUSTICE SERVICES IF SUCH VICTIM
   21  CONSENTS TO SEEKING SERVICES PURSUANT TO THIS ARTICLE.
   22    S 31. Intentionally omitted.
   23    S 32. Section 14 of chapter 74 of the laws of 2007, amending the penal
   24  law, the criminal procedure law, the correction law, the social services
   25  law, and the executive law relating to human trafficking, as amended  by
   26  chapter 24 of the laws of 2011, is amended to read as follows:
   27    S  14.    This  act  shall  take  effect on the first of November next
   28  succeeding the date on which it shall have become a law;  provided  that
   29  section 483-ee of the social services law, as added by section eleven of
   30  this  act,  shall take effect immediately and shall remain in full force
   31  and effect until September 1,  [2013]  2017  when  upon  such  date  the
   32  provisions  of  such  section  shall  expire  and  be  deemed  repealed.
   33  Provided, effective immediately, the addition, amendment  and/or  repeal
   34  of any rule or regulation necessary for the timely implementation of the
   35  provisions  of  article  10-D  of  the  social services law, as added by
   36  section eleven of this act, on its effective date are authorized  to  be
   37  made on or before such effective date.
   38    S  33.  Subdivision (p) of section 10.03 of the mental hygiene law, as
   39  added by chapter 7 of the laws of 2007, is amended to read as follows:
   40    (p) "Sex offense" means an act or acts constituting:  (1)  any  felony
   41  defined  in  article  one  hundred  thirty of the penal law, including a
   42  sexually motivated felony; (2) patronizing  a  [prostitute]  PERSON  FOR
   43  PROSTITUTION  in  the  first  degree as defined in section 230.06 of the
   44  penal law, AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE  FIRST
   45  DEGREE AS DEFINED IN SECTION 230.13 OF THE PENAL LAW, AGGRAVATED PATRON-
   46  IZING  A  MINOR  FOR  PROSTITUTION  IN  THE  SECOND DEGREE AS DEFINED IN
   47  SECTION 230.12 OF THE PENAL LAW,  AGGRAVATED  PATRONIZING  A  MINOR  FOR
   48  PROSTITUTION  IN  THE  THIRD  DEGREE AS DEFINED IN SECTION 230.11 OF THE
   49  PENAL LAW, incest in the second degree as defined in section  255.26  of
   50  the  penal  law,  or  incest  in  the first degree as defined in section
   51  255.27 of the penal law; (3) a felony attempt or  conspiracy  to  commit
   52  any  of  the  foregoing offenses set forth in this subdivision; or (4) a
   53  designated felony, as defined in subdivision (f)  of  this  section,  if
   54  sexually  motivated  and  committed  prior to the effective date of this
   55  article.
       S. 7540                            25
    1    S 34. Subparagraph (i) of paragraph (a) of subdivision  2  of  section
    2  168-a  of  the  correction law, as amended by chapter 405 of the laws of
    3  2008, is amended to read as follows:
    4    (i)  a  conviction  of or a conviction for an attempt to commit any of
    5  the provisions of  sections  120.70,  130.20,  130.25,  130.30,  130.40,
    6  130.45, 130.60, 230.34, 250.50, 255.25, 255.26 and 255.27 or article two
    7  hundred  sixty-three of the penal law, or section 135.05, 135.10, 135.20
    8  or 135.25 of such law relating  to  kidnapping  offenses,  provided  the
    9  victim  of  such  kidnapping  or  related offense is less than seventeen
   10  years old and the offender is not the parent of the victim,  or  section
   11  230.04, where the person patronized is in fact less than seventeen years
   12  of  age,  230.05  [or], 230.06, [or] 230.11, 230.12, 230.13, subdivision
   13  two of section 230.30, [or] section 230.32 [or], 230.33,  OR  230.34  of
   14  the penal law, OR SECTION 230.25 OF THE PENAL LAW WHERE THE PERSON PROS-
   15  TITUTED IS IN FACT LESS THAN SEVENTEEN YEARS OLD, or
   16    S  35.  Paragraph  (b)  of  subdivision  1  of  section  168-d  of the
   17  correction law, as amended by chapter 74 of the laws of 2007, is amended
   18  to read as follows:
   19    (b) Where a defendant stands convicted of an offense defined in  para-
   20  graph  (b)  of  subdivision  two of section one hundred sixty-eight-a of
   21  this article or where the  defendant  was  convicted  of  patronizing  a
   22  [prostitute]  PERSON  FOR PROSTITUTION in the third degree under section
   23  230.04 of the penal law and the defendant controverts an allegation that
   24  the victim of such offense was less than eighteen years of  age  or,  in
   25  the  case  of  a  conviction under section 230.04 of the penal law, less
   26  than seventeen years of age, the court, without a jury, shall, prior  to
   27  sentencing,  conduct  a  hearing,  and the people may prove by clear and
   28  convincing evidence that the victim was less  than  eighteen  years  [of
   29  age]  OLD  or  less than seventeen years [of age] OLD, as applicable, by
   30  any evidence admissible under the rules applicable to  a  trial  of  the
   31  issue  of  guilt.  The court in addition to such admissible evidence may
   32  also consider  reliable  hearsay  evidence  submitted  by  either  party
   33  provided  that  it  is  relevant  to the determination of the age of the
   34  victim. Facts concerning the age of the victim proven at trial or ascer-
   35  tained at the time of entry of a plea of guilty shall be  deemed  estab-
   36  lished by clear and convincing evidence and shall not be relitigated. At
   37  the  conclusion  of the hearing, or if the defendant does not controvert
   38  an allegation that the victim of the  offense  was  less  than  eighteen
   39  years  [of age] OLD or less than seventeen years [of age] OLD, as appli-
   40  cable, the court must make a finding and enter an  order  setting  forth
   41  the  age  of  the  victim.  If  the  court finds that the victim of such
   42  offense was under eighteen years [of age] OLD or under  seventeen  years
   43  [of  age] OLD, as applicable, the court shall certify the defendant as a
   44  sex offender, the provisions of paragraph (a) of this subdivision  shall
   45  apply  and  the defendant shall register with the division in accordance
   46  with the provisions of this article.
   47    S 36. Paragraph (c) of subdivision 4 of section 509-cc of the  vehicle
   48  and  traffic  law,  as  amended  by  chapter 400 of the laws of 2011, is
   49  amended to read as follows:
   50    (c) The offenses referred to in subparagraph (i) of paragraph  (b)  of
   51  subdivision one and subparagraph (i) of paragraph (c) of subdivision two
   52  of  this  section  that  result in disqualification for a period of five
   53  years shall include a conviction under sections 100.10, 105.13,  115.05,
   54  120.03,  120.04,  120.04-a,  120.05,  120.10,  120.25,  121.12,  121.13,
   55  125.40, 125.45, 130.20, 130.25, 130.52, 130.55, 135.10, 135.55,  140.17,
   56  140.25,  140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06, 220.09,
       S. 7540                            26
    1  220.16, 220.31, 220.34, 220.60, 220.65, 221.30, 221.50, 221.55,  230.00,
    2  230.05,  230.06, 230.11, 230.12, 230.13, 230.19, 230.20, 235.05, 235.06,
    3  235.07, 235.21, 240.06,  245.00,  260.10,  subdivision  two  of  section
    4  260.20  and  sections  260.25,  265.02,  265.03, 265.08, 265.09, 265.10,
    5  265.12, 265.35 of the penal law or an attempt to commit any of the afor-
    6  esaid offenses under section 110.00 of the penal  law,  or  any  similar
    7  offenses  committed  under  a  former  section  of the penal law, or any
    8  offenses committed under a former section of the penal law  which  would
    9  constitute violations of the aforesaid sections of the penal law, or any
   10  offenses  committed outside this state which would constitute violations
   11  of the aforesaid sections of the penal law.
   12    S 36-a. The vehicle and traffic law is amended by adding a new section
   13  510-d to read as follows:
   14    S 510-D. SUSPENSION AND REVOCATION OF CLASS E DRIVER'S LICENSES. 1.  A
   15  CLASS  E  DRIVER'S  LICENSE SHALL BE SUSPENDED BY THE COMMISSIONER FOR A
   16  PERIOD OF ONE YEAR WHERE THE HOLDER  IS  CONVICTED  OF  A  VIOLATION  OF
   17  SECTION  230.20,  230.25,  230.30, 230.32, 230.34 OR 230.40 OF THE PENAL
   18  LAW AND THE HOLDER USED A FOR HIRE MOTOR VEHICLE TO COMMIT SUCH CRIME.
   19    2. A CLASS E DRIVER'S LICENSE MAY BE REVOKED BY THE COMMISSIONER  WHEN
   20  THE HOLDER, WHO HAD HIS OR HER DRIVER'S LICENSE SUSPENDED UNDER SUBDIVI-
   21  SION  ONE  OF  THIS SECTION WITHIN THE LAST TEN YEARS, IS CONVICTED OF A
   22  SECOND VIOLATION OF SECTION 230.20, 230.25, 230.30,  230.32,  230.34  OR
   23  230.40  OF THE PENAL LAW AND THE HOLDER USED A FOR HIRE MOTOR VEHICLE TO
   24  COMMIT SUCH CRIME.
   25    3. ANY REVOCATION OR SUSPENSION OF A CLASS E DRIVER'S  LICENSE  ISSUED
   26  PURSUANT TO THIS ARTICLE SHALL BE APPLICABLE ONLY TO THAT PORTION OF THE
   27  HOLDER'S  DRIVER'S LICENSE OR PRIVILEGE WHICH PERMITS THE OPERATION OF A
   28  MOTOR VEHICLE TRANSPORTING PASSENGERS FOR  HIRE,  AND  THE  COMMISSIONER
   29  SHALL  IMMEDIATELY  ISSUE  A  LICENSE,  OTHER  THAN  A  CLASS E DRIVER'S
   30  LICENSE, TO SUCH PERSON, PROVIDED THAT SUCH PERSON IS OTHERWISE ELIGIBLE
   31  TO RECEIVE SUCH LICENSE AND FURTHER PROVIDED THAT ISSUING A  LICENSE  TO
   32  SUCH PERSON DOES NOT CREATE A SUBSTANTIAL TRAFFIC SAFETY HAZARD.
   33    4.  THE  PROVISIONS  OF THIS SECTION SHALL NOT BE CONSTRUED TO PREVENT
   34  ANY PERSON WHO HAS THE AUTHORITY TO SUSPEND OR REVOKE A LICENSE TO DRIVE
   35  OR PRIVILEGE OF OPERATING PURSUANT TO SECTION FIVE HUNDRED TEN  OF  THIS
   36  ARTICLE FROM EXERCISING ANY SUCH AUTHORITY.
   37    S  37.  Section 2324-a of the public health law, as amended by chapter
   38  260 of the laws of 1978, is amended to read as follows:
   39    S 2324-a. Presumptive evidence.  For the purposes of this  title,  two
   40  or more convictions of any person or persons had, within a period of one
   41  year,  for  any  of  the  offenses  described in section 230.00, 230.05,
   42  230.06, 230.08, 230.11, 230.12, 230.13, 230.20, 230.25 [or],  230.30  OR
   43  230.32  of  the  penal law arising out of conduct engaged in at the same
   44  real property consisting of a dwelling as that term is defined in subdi-
   45  vision four of section four  of  the  multiple  dwelling  law  shall  be
   46  presumptive  evidence  of  conduct  constituting use of the premises for
   47  purposes of prostitution.
   48    S 38. Subdivision 2 of section 715 of the real  property  actions  and
   49  proceedings law, as added by chapter 494 of the laws of 1976, is amended
   50  to read as follows:
   51    2. For purposes of this section, two or more convictions of any person
   52  or  persons  had,  within  a period of one year, for any of the offenses
   53  described in section 230.00, 230.05,  230.06,  230.11,  230.12,  230.13,
   54  230.20, 230.25, 230.30, 230.32 or 230.40 of the penal law arising out of
   55  conduct engaged in at the same real property consisting of a dwelling as
   56  that term is defined in subdivision four of section four of the multiple
       S. 7540                            27
    1  dwelling  law  shall be presumptive evidence of conduct constituting use
    2  of the premises for purposes of prostitution.
    3    S  39.  Subdivision  3  of  section  231  of the real property law, as
    4  amended by chapter 203 of the laws  of  1980,  is  amended  to  read  as
    5  follows:
    6    3.  For  the  purposes of this section, two or more convictions of any
    7  person or persons had, within a period of  one  year,  for  any  of  the
    8  offenses  described  in  section 230.00, 230.05, 230.06, 230.11, 230.12,
    9  230.13, 230.20, 230.25, 230.30, 230.32 or 230.40 of the penal law  aris-
   10  ing  out  of  conduct  engaged  in  at the same premises consisting of a
   11  dwelling as that term is defined in subdivision four of section four  of
   12  the  multiple dwelling law shall be presumptive evidence of unlawful use
   13  of such premises and of the owners knowledge of the same.
   14    S 40. Subdivision 3 of section 840 of the executive law is amended  by
   15  adding a new paragraph (f-1) to read as follows:
   16    (F-1)  DEVELOP,  MAINTAIN  AND  DISSEMINATE,  IN CONSULTATION WITH THE
   17  OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE AND THE DIVISION OF CRIMI-
   18  NAL JUSTICE SERVICES, WRITTEN POLICIES AND  PROCEDURES  REGARDING  HUMAN
   19  TRAFFICKING VICTIMS. SUCH POLICIES AND PROCEDURES SHALL INCLUDE, BUT NOT
   20  BE LIMITED TO THE FOLLOWING: (1) THE IDENTIFICATION OF POTENTIAL VICTIMS
   21  OF   HUMAN   TRAFFICKING,   AS   DEFINED   UNDER  SECTION  FOUR  HUNDRED
   22  EIGHTY-THREE-AA OF THE SOCIAL SERVICES LAW; AND (2)  INFORMATION  AND/OR
   23  REFERRAL  TO  APPROPRIATE SOCIAL AND LEGAL SERVICES FOR VICTIMS OF HUMAN
   24  TRAFFICKING IN ACCORDANCE WITH SECTION FOUR HUNDRED  EIGHTY-THREE-BB  OF
   25  THE SOCIAL SERVICES LAW;
   26    S  41.  The  executive law is amended by adding a new section 214-d to
   27  read as follows:
   28    S 214-D. HUMAN TRAFFICKING AWARENESS. THE SUPERINTENDENT, IN CONSULTA-
   29  TION WITH THE OFFICE OF TEMPORARY  AND  DISABILITY  ASSISTANCE  AND  THE
   30  DIVISION  OF CRIMINAL JUSTICE SERVICES, SHALL: (1) DEVELOP, MAINTAIN AND
   31  DISSEMINATE TO ALL MEMBERS OF THE STATE POLICE, INCLUDING NEW AND VETER-
   32  AN OFFICERS, WRITTEN  POLICIES,  PROCEDURES  AND  EDUCATIONAL  MATERIALS
   33  RELATING  TO HUMAN TRAFFICKING VICTIMS, INCLUDING SERVICES AVAILABLE FOR
   34  VICTIMS OF HUMAN TRAFFICKING, AS  REFERENCED  IN  SECTION  FOUR  HUNDRED
   35  EIGHTY-THREE-BB OF THE SOCIAL SERVICES LAW; AND (2) ESTABLISH AND IMPLE-
   36  MENT  WRITTEN PROCEDURES AND POLICIES IN THE EVENT A MEMBER OF THE DIVI-
   37  SION OF STATE POLICE ENCOUNTERS AN INDIVIDUAL BELIEVED TO BE A VICTIM OF
   38  HUMAN TRAFFICKING, WHICH SHALL INCLUDE,  BUT  NOT  BE  LIMITED  TO,  THE
   39  PROVISION  OF  INFORMATION AND/OR REFERRAL TO AN APPROPRIATE PROVIDER OF
   40  SOCIAL AND LEGAL SERVICES TO HUMAN TRAFFICKING  VICTIMS,  IN  ACCORDANCE
   41  WITH SUCH SECTION FOUR HUNDRED EIGHTY-THREE-BB.
   42    S  42.  This act shall take effect on the ninetieth day after it shall
   43  have become a law.
   44                                   PART H
   45    Section 1. Subdivision 21-e of section 292 of the  executive  law,  as
   46  added  by chapter 269 of the laws of 1997, is amended and a new subdivi-
   47  sion 21-f is added to read as follows:
   48    21-e. The term "reasonable accommodation" means  actions  taken  which
   49  permit an employee, prospective employee or member with a disability, OR
   50  A  PREGNANCY-RELATED  CONDITION,  to  perform in a reasonable manner the
   51  activities involved in the job or occupation sought or held and include,
   52  but are not limited to, provision of an accessible worksite, acquisition
   53  or modification of equipment, support services for persons with impaired
   54  hearing or  vision,  job  restructuring  and  modified  work  schedules;
       S. 7540                            28
    1  provided,  however, that such actions do not impose an undue hardship on
    2  the business, program or enterprise of the entity from which  action  is
    3  requested.
    4    21-F. THE TERM "PREGNANCY-RELATED CONDITION" MEANS A MEDICAL CONDITION
    5  RELATED  TO  PREGNANCY  OR  CHILDBIRTH  THAT  INHIBITS THE EXERCISE OF A
    6  NORMAL BODILY FUNCTION OR IS DEMONSTRABLE BY MEDICALLY ACCEPTED CLINICAL
    7  OR LABORATORY DIAGNOSTIC TECHNIQUES;  PROVIDED,  HOWEVER,  THAT  IN  ALL
    8  PROVISIONS  OF  THIS  ARTICLE DEALING WITH EMPLOYMENT, THE TERM SHALL BE
    9  LIMITED TO CONDITIONS WHICH, UPON THE PROVISION OF  REASONABLE  ACCOMMO-
   10  DATIONS,  DO NOT PREVENT THE COMPLAINANT FROM PERFORMING IN A REASONABLE
   11  MANNER THE ACTIVITIES INVOLVED IN THE JOB OR OCCUPATION SOUGHT OR  HELD;
   12  AND  PROVIDED  FURTHER, HOWEVER, THAT PREGNANCY-RELATED CONDITIONS SHALL
   13  BE TREATED AS TEMPORARY DISABILITIES FOR THE PURPOSES OF THIS ARTICLE.
   14    S 2. Paragraph (a) of subdivision 3 of section 296  of  the  executive
   15  law, as added by chapter 269 of the laws of 1997, is amended and two new
   16  paragraphs (c) and (d) are added to read as follows:
   17    (a)  It  shall be an unlawful discriminatory practice for an employer,
   18  licensing agency, employment agency or labor organization to  refuse  to
   19  provide reasonable accommodations to the known disabilities, OR PREGNAN-
   20  CY-RELATED CONDITIONS, of an employee, prospective employee or member in
   21  connection with a job or occupation sought or held or participation in a
   22  training program.
   23    (C) THE EMPLOYEE MUST COOPERATE IN PROVIDING MEDICAL OR OTHER INFORMA-
   24  TION  THAT  IS  NECESSARY  TO  VERIFY THE EXISTENCE OF THE DISABILITY OR
   25  PREGNANCY-RELATED CONDITION, OR THAT IS NECESSARY FOR  CONSIDERATION  OF
   26  THE  ACCOMMODATION. THE EMPLOYEE HAS A RIGHT TO HAVE SUCH MEDICAL INFOR-
   27  MATION KEPT CONFIDENTIAL.
   28    (D) NOTHING IN THIS SUBDIVISION REGARDING  "REASONABLE  ACCOMMODATION"
   29  OR  IN  PART D OF THE CHAPTER OF THE LAWS OF TWO THOUSAND THIRTEEN WHICH
   30  ADDED THIS PARAGRAPH SHALL ALTER, DIMINISH, INCREASE, OR CREATE  NEW  OR
   31  ADDITIONAL  REQUIREMENTS  TO  ACCOMMODATE  PROTECTED CLASSES PURSUANT TO
   32  THIS ARTICLE OTHER THAN THE ADDITIONAL REQUIREMENTS  AS  EXPLICITLY  SET
   33  FORTH IN SUCH CHAPTER OF THE LAWS OF TWO THOUSAND THIRTEEN.
   34    S  3.  This  act shall take effect on the ninetieth day after it shall
   35  have become a law.
   36                                   PART I
   37    Section 1. The public health law is amended by adding  a  new  section
   38  4166 to read as follows:
   39    S  4166.  ACCESS  TO REPRODUCTIVE SERVICES. THE STATE SHALL NOT DENY A
   40  WOMAN'S RIGHT TO OBTAIN AN ABORTION AS ESTABLISHED BY THE UNITED  STATES
   41  SUPREME  COURT IN THE DECISION ROE V. WADE, 410 U.S.113 (1973). NOTWITH-
   42  STANDING ANY LAW TO THE CONTRARY, NEW YORK PROTECTS A WOMAN'S  RIGHT  TO
   43  TERMINATE  A PREGNANCY WITHIN TWENTY-FOUR WEEKS FROM COMMENCEMENT OF HER
   44  PREGNANCY, OR WHEN NECESSARY TO PROTECT A  WOMAN'S  LIFE  OR  HEALTH  AS
   45  DETERMINED BY A LICENSED PHYSICIAN.
   46    NOTHING IN THIS SECTION SHALL BE CONSTRUED TO CONFLICT WITH ANY APPLI-
   47  CABLE  STATE  OR  FEDERAL  LAW  OR  REGULATION  PERMITTING A HEALTH CARE
   48  PROVIDER TO REFRAIN FROM PROVIDING ABORTIONS DUE TO THE PROVIDER'S RELI-
   49  GIOUS OR MORAL BELIEFS.
   50    NOTHING IN THIS SECTION SHALL CONFLICT WITH THE PARTIAL BIRTH ABORTION
   51  BAN CODIFIED UNDER 18 USC SECTION 1531.
   52    NO PROSECUTION OR PROCEEDING SHALL BE BROUGHT OR MAINTAINED UNDER  THE
   53  PENAL  LAW OR OTHERWISE FOR ACTS THAT ARE AUTHORIZED OR PERMITTED PURSU-
   54  ANT TO THIS SECTION OR BY  THIS CHAPTER AND THE EDUCATION LAW.
       S. 7540                            29
    1    SUBDIVISIONS TWO AND THREE  OF  SECTION  125.05,  SUBDIVISION  TWO  OF
    2  SECTION 125.15, SUBDIVISION THREE OF SECTION 125.20 AND SECTIONS 125.40,
    3  125.45,  125.50,  125.55 AND 125.60 OF THE PENAL LAW ARE HEREBY REPEALED
    4  TO THE EXTENT THAT THEY ARE INCONSISTENT WITH THIS SECTION.
    5    S  2.  This  act shall take effect on the thirtieth day after it shall
    6  have become a law.
    7    S 3. Severability clause. If any clause, sentence, paragraph, subdivi-
    8  sion, section or part of this act shall be adjudged by a court of compe-
    9  tent jurisdiction to be invalid, such judgment shall not affect,  impair
   10  or invalidate the remainder thereof, but shall be confined in its opera-
   11  tion  to  the  clause, sentence, paragraph, subdivision, section or part
   12  thereof directly involved in the  controversy  in  which  such  judgment
   13  shall  have been rendered. It is hereby declared to be the intent of the
   14  legislature that this act would have been enacted even if  such  invalid
   15  provisions had not been included herein.
   16    S  4.  This  act shall take effect immediately provided, however, that
   17  the applicable effective date of Parts A through I of this act shall  be
   18  as specifically set forth in the last section of such Parts.