S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4233
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                    March 15, 2013
                                      ___________
       Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
         printed to be committed to the Committee on Codes
       AN ACT to amend the penal law, the criminal procedure  law,  the  social
         services  law, the mental hygiene law, the correction law, the vehicle
         and traffic law, the public health law, the real property actions  and
         proceedings  law,  the  real  property  law, the civil rights law, the
         multiple dwelling law and the family court act, in relation to prosti-
         tution offenses; to amend chapter 74 of the laws of 2007 amending  the
         penal  law, the criminal procedure law, the correction law, the social
         services law, and the executive law relating to human trafficking,  in
         relation  to extending the interagency task force on human trafficking
         for two years and to repeal section 230.07 of the penal  law  relating
         thereto
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1.  Section 60.13 of the penal law, as added by chapter  7  of
    2  the laws of 2007, is amended to read as follows:
    3  S 60.13 Authorized dispositions; felony sex offenses.
    4    When  a  person  is  to  be sentenced upon a conviction for any felony
    5  defined in article one hundred thirty of this chapter, including a sexu-
    6  ally motivated felony, or patronizing a [prostitute] PERSON FOR  PROSTI-
    7  TUTION  in the SECOND DEGREE, AS DEFINED IN SECTION 230.05 OF THIS CHAP-
    8  TER, PATRONIZING A PERSON  FOR  PROSTITUTION  IN  THE  first  degree  as
    9  defined  in  section  230.06  of  this chapter, AGGRAVATED PATRONIZING A
   10  MINOR FOR PROSTITUTION IN THE THIRD DEGREE AS DEFINED IN SECTION  230.11
   11  OF  THIS CHAPTER, AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE
   12  SECOND DEGREE AS DEFINED IN SECTION 230.12 OF THIS  CHAPTER,  AGGRAVATED
   13  PATRONIZING  A  MINOR FOR PROSTITUTION IN THE FIRST DEGREE AS DEFINED IN
   14  SECTION 230.13 OF THIS CHAPTER, incest in the second degree  as  defined
   15  in  section  255.26  of  this  chapter, or incest in the first degree as
   16  defined in section 255.27 of  this  chapter,  or  a  felony  attempt  or
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03210-07-3
       S. 4233                             2
    1  conspiracy  to  commit  any of these crimes, the court must sentence the
    2  defendant in accordance with the provisions of  section  70.80  of  this
    3  title.
    4    S 2. Paragraph (a) of subdivision 1 of section 70.02 of the penal law,
    5  as  amended  by  chapter  320 of the laws of 2006, is amended to read as
    6  follows:
    7    (a) Class B violent felony offenses: an attempt to  commit  the  class
    8  A-I  felonies  of  murder  in  the  second  degree as defined in section
    9  125.25, kidnapping in the first degree as defined in section 135.25, and
   10  arson in the first degree as defined in section 150.20; manslaughter  in
   11  the  first  degree as defined in section 125.20, aggravated manslaughter
   12  in the first degree as defined in section  125.22,  rape  in  the  first
   13  degree  as  defined  in section 130.35, criminal sexual act in the first
   14  degree as defined in section 130.50,  aggravated  sexual  abuse  in  the
   15  first  degree  as  defined  in  section 130.70, course of sexual conduct
   16  against a child in the  first  degree  as  defined  in  section  130.75;
   17  assault  in the first degree as defined in section 120.10, kidnapping in
   18  the second degree as defined in section 135.20, burglary  in  the  first
   19  degree  as  defined  in  section  140.30,  arson in the second degree as
   20  defined in section 150.15, robbery in the first  degree  as  defined  in
   21  section  160.15,  COMPELLING  PROSTITUTION AS DEFINED IN SECTION 230.33,
   22  SEX TRAFFICKING AS DEFINED IN SECTION 230.34, incest in the first degree
   23  as defined in section 255.27, criminal possession of  a  weapon  in  the
   24  first  degree as defined in section 265.04, criminal use of a firearm in
   25  the first degree as defined  in  section  265.09,  criminal  sale  of  a
   26  firearm  in  the  first  degree as defined in section 265.13, aggravated
   27  assault upon a police officer or a peace officer as defined  in  section
   28  120.11,  gang  assault in the first degree as defined in section 120.07,
   29  intimidating a victim or witness in  the  first  degree  as  defined  in
   30  section  215.17,  hindering prosecution of terrorism in the first degree
   31  as defined in section 490.35, criminal possession of a  chemical  weapon
   32  or  biological weapon in the second degree as defined in section 490.40,
   33  and criminal use of a chemical weapon or biological weapon in the  third
   34  degree as defined in section 490.47.
   35    S 3. Paragraph (a) of subdivision 1 of section 70.80 of the penal law,
   36  as  added  by  chapter  7  of  the  laws  of 2007, is amended to read as
   37  follows:
   38    (a) For the purposes of this section, a "felony sex offense"  means  a
   39  conviction  of  any felony defined in article one hundred thirty of this
   40  chapter, including a sexually motivated felony, or patronizing a  [pros-
   41  titute]  PERSON  FOR  PROSTITUTION  in  the  first  degree as defined in
   42  section 230.06 of this chapter, PATRONIZING A PERSON FOR PROSTITUTION IN
   43  THE SECOND DEGREE AS DEFINED IN SECTION 230.05 OF THIS  CHAPTER,  AGGRA-
   44  VATED  PATRONIZING  A  MINOR  FOR  PROSTITUTION  IN  THE THIRD DEGREE AS
   45  DEFINED IN SECTION 230.11 OF  THIS  CHAPTER,  AGGRAVATED  PATRONIZING  A
   46  MINOR FOR PROSTITUTION IN THE SECOND DEGREE AS DEFINED IN SECTION 230.12
   47  OF  THIS CHAPTER, AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE
   48  FIRST DEGREE AS DEFINED IN SECTION 230.13 OF THIS CHAPTER, incest in the
   49  second degree as defined in section 255.26 of this chapter, or incest in
   50  the first degree as defined in section 255.27  of  this  chapter,  or  a
   51  felony attempt or conspiracy to commit any of the above.
   52    S  4.    The  closing paragraph of section 135.35 of the penal law, as
   53  added by chapter 74 of the laws of 2007, is amended to read as follows:
   54    Labor trafficking is a class [D] B felony.
   55    S 5.  The penal law is amended by adding a new section 230.01 to  read
   56  as follows:
       S. 4233                             3
    1  S 230.01 PROSTITUTION; DEFENSE.
    2    IN  ANY  PROSECUTION  UNDER  SECTION  230.00  OR  SUBDIVISION THREE OF
    3  SECTION 240.37 OF THIS PART, IT  IS  AN  AFFIRMATIVE  DEFENSE  THAT  THE
    4  DEFENDANT'S  PARTICIPATION  IN THE OFFENSE WAS A RESULT OF HAVING BEEN A
    5  VICTIM OF SEX TRAFFICKING UNDER SECTION 230.34  OF  THIS  ARTICLE  OR  A
    6  VICTIM   OF   TRAFFICKING  IN  PERSONS  UNDER  THE  TRAFFICKING  VICTIMS
    7  PROTECTION ACT (UNITED STATES CODE, TITLE 22, CHAPTER 78).
    8    S 6. The section heading and subdivision 1 of section  230.02  of  the
    9  penal law, as amended by chapter 627 of the laws of 1978, are amended to
   10  read as follows:
   11  Patronizing a [prostitute] PERSON FOR PROSTITUTION; definitions.
   12    1. A person patronizes a [prostitute] PERSON FOR PROSTITUTION when:
   13    (a) Pursuant to a prior understanding, he OR SHE pays a fee to another
   14  person  as compensation for such person or a third person having engaged
   15  in sexual conduct with him OR HER; or
   16    (b) He OR SHE pays or agrees to pay a fee to another  person  pursuant
   17  to  an  understanding  that  in  return  therefor such person or a third
   18  person will engage in sexual conduct with him OR HER; or
   19    (c) He OR SHE solicits or requests another person to engage in  sexual
   20  conduct with him OR HER in return for a fee.
   21    S  7.  Subdivision  2  of section 230.03 of the penal law, as added by
   22  chapter 191 of the laws of 2011, is amended to read as follows:
   23    2. For the purposes of this section, SECTION 230.08 and section 230.19
   24  of this article, "school zone" means (a) in or on or within  any  build-
   25  ing,  structure,  athletic  playing  field, playground or land contained
   26  within the real property boundary line of a public or private  elementa-
   27  ry, parochial, intermediate, junior high, vocational, or high school, or
   28  (b)  any  public  sidewalk,  street,  parking  lot,  park, playground or
   29  private land, located immediately adjacent to the boundary line of  such
   30  school.
   31    S  8. Section 230.04 of the penal law, as amended by chapter 74 of the
   32  laws of 2007, is amended to read as follows:
   33  S 230.04 Patronizing a [prostitute] PERSON FOR PROSTITUTION in the third
   34             degree.
   35    A person is guilty of patronizing a [prostitute] PERSON FOR  PROSTITU-
   36  TION in the third degree when he or she patronizes a [prostitute] PERSON
   37  FOR PROSTITUTION.
   38    Patronizing a [prostitute] PERSON FOR PROSTITUTION in the third degree
   39  is a class A misdemeanor.
   40    S  9.  Section 230.05 of the penal law, as added by chapter 627 of the
   41  laws of 1978, is amended to read as follows:
   42  S 230.05 Patronizing a  [prostitute]  PERSON  FOR  PROSTITUTION  in  the
   43             second degree.
   44    A  person is guilty of patronizing a [prostitute] PERSON FOR PROSTITU-
   45  TION in the second degree when, being [over] eighteen years [of age] OLD
   46  OR MORE, he OR SHE patronizes a [prostitute] PERSON FOR PROSTITUTION and
   47  the person patronized is less than [fourteen]  FIFTEEN  years  [of  age]
   48  OLD.
   49    Patronizing  a  [prostitute]  PERSON  FOR  PROSTITUTION  in the second
   50  degree is a class E felony.
   51    S 10. Section 230.06 of the penal law, as added by chapter 627 of  the
   52  laws of 1978, is amended to read as follows:
   53  S 230.06 Patronizing a [prostitute] PERSON FOR PROSTITUTION in the first
   54             degree.
   55    A  person is guilty of patronizing a [prostitute] PERSON FOR PROSTITU-
   56  TION in the first degree when [he patronizes a prostitute and the person
       S. 4233                             4
    1  patronized is less than eleven years of age], BEING EIGHTEEN  YEARS  OLD
    2  OR  MORE,  HE OR SHE PATRONIZES A PERSON FOR PROSTITUTION AND THE PERSON
    3  PATRONIZED IS LESS THAN THIRTEEN YEARS OLD.
    4    Patronizing a [prostitute] PERSON FOR PROSTITUTION in the first degree
    5  is a class D felony.
    6    S  11.  Section  230.07 of the penal law is REPEALED and a new section
    7  230.08 is added to read as follows:
    8  S 230.08 PATRONIZING A PERSON FOR PROSTITUTION IN A SCHOOL ZONE.
    9    1. A PERSON IS GUILTY OF PATRONIZING A PERSON FOR  PROSTITUTION  IN  A
   10  SCHOOL ZONE WHEN HE OR SHE COMMITS THE CRIME OF PATRONIZING A PERSON FOR
   11  PROSTITUTION  IN  VIOLATION OF SECTION 230.04, 230.05, OR 230.06 OF THIS
   12  ARTICLE IN A SCHOOL ZONE DURING THE HOURS THAT SCHOOL IS IN SESSION.
   13    2. FOR PURPOSES OF THIS SECTION,  "SCHOOL  ZONE"  SHALL  MEAN  "SCHOOL
   14  ZONE" AS DEFINED IN SUBDIVISION TWO OF SECTION 230.03 OF THIS ARTICLE.
   15    PATRONIZING  A  PERSON  FOR PROSTITUTION IN A SCHOOL ZONE IS A CLASS E
   16  FELONY.
   17    S 12. The section heading and the opening paragraph of section  230.10
   18  of the penal law are amended to read as follows:
   19  Prostitution  and patronizing a [prostitute] PERSON FOR PROSTITUTION; no
   20             defense.
   21    In any prosecution for  prostitution  or  patronizing  a  [prostitute]
   22  PERSON  FOR  PROSTITUTION,  the  sex  of  the two parties or prospective
   23  parties to the sexual conduct engaged in, contemplated or  solicited  is
   24  immaterial, and it is no defense that:
   25    S  13.  The  penal law is amended by adding three new sections 230.11,
   26  230.12 and 230.13 to read as follows:
   27  S 230.11 AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION  IN  THE  THIRD
   28             DEGREE.
   29    A  PERSON IS GUILTY OF AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION
   30  IN THE THIRD DEGREE WHEN, BEING EIGHTEEN YEARS OLD OR MORE,  HE  OR  SHE
   31  PATRONIZES  A  PERSON FOR PROSTITUTION AND THE PERSON PATRONIZED IS LESS
   32  THAN EIGHTEEN YEARS OLD AND THE PERSON GUILTY OF PATRONIZING ENGAGES  IN
   33  SEXUAL  INTERCOURSE, ORAL SEXUAL CONDUCT, ANAL SEXUAL CONDUCT, OR AGGRA-
   34  VATED SEXUAL CONDUCT.
   35    AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE THIRD DEGREE IS
   36  A CLASS E FELONY.
   37  S 230.12 AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN  THE  SECOND
   38             DEGREE.
   39    A  PERSON IS GUILTY OF AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION
   40  IN THE SECOND DEGREE WHEN, BEING EIGHTEEN YEARS OLD OR MORE, HE  OR  SHE
   41  PATRONIZES  A  PERSON FOR PROSTITUTION AND THE PERSON PATRONIZED IS LESS
   42  THAN FIFTEEN YEARS OLD AND THE PERSON GUILTY OF PATRONIZING  ENGAGES  IN
   43  SEXUAL  INTERCOURSE, ORAL SEXUAL CONDUCT, ANAL SEXUAL CONDUCT, OR AGGRA-
   44  VATED SEXUAL CONDUCT.
   45    AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE  SECOND  DEGREE
   46  IS A CLASS D FELONY.
   47  S 230.13 AGGRAVATED  PATRONIZING  A  MINOR FOR PROSTITUTION IN THE FIRST
   48             DEGREE.
   49    A PERSON IS GUILTY OF AGGRAVATED PATRONIZING A MINOR FOR  PROSTITUTION
   50  IN  THE  FIRST  DEGREE WHEN, BEING EIGHTEEN YEARS OLD OR MORE, HE OR SHE
   51  PATRONIZES A PERSON FOR PROSTITUTION AND THE PERSON PATRONIZED  IS  LESS
   52  THAN THIRTEEN YEARS OLD, AND THE PERSON GUILTY OF PATRONIZING ENGAGES IN
   53  SEXUAL  INTERCOURSE, ORAL SEXUAL CONDUCT, ANAL SEXUAL CONDUCT, OR AGGRA-
   54  VATED SEXUAL CONDUCT.
   55    AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE FIRST DEGREE IS
   56  A CLASS B FELONY.
       S. 4233                             5
    1    S 14. Subdivisions 1 and 2 of section 230.15  of  the  penal  law  are
    2  amended to read as follows:
    3    1.  "Advance  prostitution."  A  person  "advances prostitution" when,
    4  acting other than as a [prostitute]  PERSON  IN  PROSTITUTION  or  as  a
    5  patron thereof, he OR SHE knowingly causes or aids a person to commit or
    6  engage  in  prostitution, procures or solicits patrons for prostitution,
    7  provides persons or premises  for  prostitution  purposes,  operates  or
    8  assists  in  the  operation of a house of prostitution or a prostitution
    9  enterprise, or engages in any other conduct designed to  institute,  aid
   10  or facilitate an act or enterprise of prostitution.
   11    2.  "Profit  from  prostitution." A person "profits from prostitution"
   12  when, acting other than as a [prostitute] PERSON IN PROSTITUTION receiv-
   13  ing compensation for personally rendered prostitution  services,  he  OR
   14  SHE accepts or receives money or other property pursuant to an agreement
   15  or understanding with any person whereby he OR SHE participates or is to
   16  participate in the proceeds of prostitution activity.
   17    S  15.  Subdivision  1 of section 230.19 of the penal law, as added by
   18  chapter 191 of the laws of 2011, is amended to read as follows:
   19    1. A person is guilty of promoting prostitution in a school zone when,
   20  being [nineteen] EIGHTEEN years [of age] OLD or [older] MORE, he or  she
   21  knowingly advances or profits from prostitution [that he or she knows or
   22  reasonably  should  know is or will be committed in violation of section
   23  230.03 of this article] in a school zone during the hours that school is
   24  in session.
   25    S 16. The opening paragraph and subdivisions 1 and 2 of section 230.25
   26  of the penal law, the opening paragraph and subdivision 2 as amended  by
   27  chapter  627 of the laws of 1978 and subdivision 1 as amended by chapter
   28  74 of the laws of 2007, are amended to read as follows:
   29    A person is guilty of promoting prostitution in the third degree  when
   30  he OR SHE knowingly:
   31    1.  Advances  or  profits  from prostitution by managing, supervising,
   32  controlling or owning, either alone or in  association  with  others,  a
   33  house of prostitution or a prostitution business or enterprise involving
   34  prostitution  activity by two or more [prostitutes] PERSONS IN PROSTITU-
   35  TION, or a business that sells travel-related services knowing that such
   36  services include or are intended to facilitate travel for the purpose of
   37  patronizing a [prostitute]  PERSON  FOR  PROSTITUTION,  including  to  a
   38  foreign  jurisdiction  and regardless of the legality of prostitution in
   39  said foreign jurisdiction; or
   40    2. PROFITS FROM PROSTITUTION BY ENGAGING, EITHER ALONE OR  IN  ASSOCI-
   41  ATION  WITH OTHERS, IN A BUSINESS OR ENTERPRISE CONSISTING OF THE TRANS-
   42  PORTING OF A PERSON OR PERSONS FOR THE PURPOSES OF PROSTITUTION; OR
   43    3. Advances or profits from prostitution of a person less than  [nine-
   44  teen] EIGHTEEN years old.
   45    S  17.  Section  230.30 of the penal law, as amended by chapter 627 of
   46  the laws of 1978, is amended to read as follows:
   47  S 230.30 Promoting prostitution in the second degree.
   48    A person is guilty of promoting prostitution in the second degree when
   49  he OR SHE knowingly:
   50    1. Advances prostitution by compelling a person  by  force  or  intim-
   51  idation to engage in prostitution, or profits from such coercive conduct
   52  by another; or
   53    2.  Advances  or  profits  from  prostitution  of  a  person less than
   54  [sixteen] FIFTEEN years old; OR
       S. 4233                             6
    1    3. BEING THE PARENT, GUARDIAN OR OTHER PERSON LEGALLY CHARGED WITH THE
    2  CARE AND CUSTODY OF A CHILD LESS THAN EIGHTEEN YEARS  OLD,  ADVANCES  OR
    3  PROFITS FROM PROSTITUTION OF SUCH CHILD.
    4    Promoting prostitution in the second degree is a class C felony.
    5    S  18. The first undesignated paragraph of section 230.32 of the penal
    6  law, as added by chapter 627 of the laws of 1978, is amended to read  as
    7  follows:
    8    A  person is guilty of promoting prostitution in the first degree when
    9  he OR SHE knowingly [advances]:
   10    1. ADVANCES or profits from prostitution of a person less than  [elev-
   11  en] THIRTEEN years old[.]; OR
   12    2. BEING THE PARENT, GUARDIAN OR OTHER PERSON LEGALLY CHARGED WITH THE
   13  CARE  AND  CUSTODY  OF  A CHILD LESS THAN FIFTEEN YEARS OLD, ADVANCES OR
   14  PROFITS FROM PROSTITUTION OF SUCH CHILD.
   15    S 19. Section 230.33 of the penal law, as added by chapter 450 of  the
   16  laws of 2005, is amended to read as follows:
   17  S 230.33 Compelling prostitution.
   18    A person is guilty of compelling prostitution when, being [twenty-one]
   19  EIGHTEEN  years  [of  age  or  older]  OLD  OR MORE, he or she knowingly
   20  advances prostitution by compelling a person less than  [sixteen]  EIGH-
   21  TEEN years old, by force or intimidation, to engage in prostitution.
   22    Compelling prostitution is a class B felony.
   23    S  20.  Subdivision  1  and  paragraph (h) of subdivision 5 of section
   24  230.34 of the penal law, as added by chapter 74 of the laws of 2007, are
   25  amended and a new subdivision 6 is added to read as follows:
   26    1. unlawfully providing to a person who is patronized, with intent  to
   27  impair  said person's judgment: (a) a narcotic drug or a narcotic prepa-
   28  ration; (b) MARIJUANA OR concentrated cannabis as defined  in  paragraph
   29  (a)  of  subdivision  four  of  section  thirty-three hundred two of the
   30  public health law; (c) methadone; [or] (d)  gamma-hydroxybutyrate  (GHB)
   31  or  flunitrazepan,  also  known  as Rohypnol; OR (E) METHYLENEDIOXYMETH-
   32  AMPHETAMINE (MDMA), ALSO KNOWN AS ECSTASY;
   33    (h) perform any other act which would not in itself materially benefit
   34  the actor but which is calculated to harm the person who  is  patronized
   35  materially  with  respect  to  his or her health, safety, or immigration
   36  status[.]; OR
   37    6. KNOWINGLY ADVANCING PROSTITUTION OF A  PERSON  LESS  THAN  EIGHTEEN
   38  YEARS OLD.
   39    S  21.  Section  230.35 of the penal law, as amended by chapter 450 of
   40  the laws of 2005, is amended to read as follows:
   41  S 230.35 Promoting or compelling prostitution; accomplice.
   42    In a prosecution for promoting prostitution  or  compelling  prostitu-
   43  tion,  a  person  less than [seventeen] EIGHTEEN years [of age] OLD from
   44  whose prostitution activity another person is alleged to  have  advanced
   45  or  attempted to advance or profited or attempted to profit shall not be
   46  deemed to be an accomplice.
   47    S 22. The first undesignated paragraph of section 230.40 of the  penal
   48  law is amended to read as follows:
   49    A  person is guilty of permitting prostitution when, having possession
   50  or control of premises OR VEHICLE which he OR SHE knows are  being  used
   51  for  prostitution purposes OR FOR THE PURPOSE OF ADVANCING PROSTITUTION,
   52  he OR SHE fails to make reasonable effort to halt or abate such use.
   53    S 23. Subdivision 2 of section 240.37 of the penal law,  as  added  by
   54  chapter 344 of the laws of 1976, is amended, subdivision 3 is renumbered
   55  subdivision 6 and three new subdivisions 3, 4 and 5 are added to read as
   56  follows:
       S. 4233                             7
    1    2.  Any  person  who  remains  or  wanders about in a public place and
    2  repeatedly beckons to, or repeatedly stops, or  repeatedly  attempts  to
    3  stop,  or  repeatedly  attempts to engage passers-by in conversation, or
    4  repeatedly stops or attempts  to  stop  motor  vehicles,  or  repeatedly
    5  interferes  with  the  free passage of other persons, for the purpose of
    6  prostitution[, or of patronizing a prostitute as  those  terms  are]  AS
    7  THAT  TERM  IS  defined in article two hundred thirty of [the penal law]
    8  THIS PART, shall be guilty of a violation and is guilty  of  a  class  B
    9  misdemeanor  if such person has previously been convicted of a violation
   10  of this section or of [sections] SECTION  230.00  [or  230.05]  of  [the
   11  penal law] THIS PART.
   12    3.  ANY  PERSON  WHO  REMAINS  OR  WANDERS ABOUT IN A PUBLIC PLACE AND
   13  REPEATEDLY BECKONS TO, OR REPEATEDLY STOPS, OR  REPEATEDLY  ATTEMPTS  TO
   14  STOP,  OR  REPEATEDLY  ATTEMPTS TO ENGAGE PASSERS-BY IN CONVERSATION, OR
   15  REPEATEDLY STOPS OR ATTEMPTS  TO  STOP  MOTOR  VEHICLES,  OR  REPEATEDLY
   16  INTERFERES  WITH  THE  FREE PASSAGE OF OTHER PERSONS, FOR THE PURPOSE OF
   17  PATRONIZING A PERSON FOR PROSTITUTION AS DEFINED IN  SECTION  230.02  OF
   18  THIS  PART,  SHALL  BE  GUILTY OF A VIOLATION AND IS GUILTY OF A CLASS B
   19  MISDEMEANOR IF SUCH PERSON HAS PREVIOUSLY BEEN CONVICTED OF A  VIOLATION
   20  OF  THIS  SECTION  OR OF SECTION 230.04, 230.05, 230.06, 230.08, 230.11,
   21  230.12, OR 230.13 OF THIS PART.
   22    4. ANY PERSON WHO REMAINS OR WANDERS ABOUT IN A SCHOOL ZONE,  AS  SUCH
   23  TERM  IS  DEFINED IN SECTION 230.03 OF THIS PART, AND REPEATEDLY BECKONS
   24  TO, OR REPEATEDLY STOPS, OR REPEATEDLY ATTEMPTS TO STOP,  OR  REPEATEDLY
   25  ATTEMPTS  TO  ENGAGE  PASSERSBY  IN  CONVERSATION,  REPEATEDLY  STOPS OR
   26  ATTEMPTS TO STOP MOTOR VEHICLES, OR REPEATEDLY INTERFERES WITH THE  FREE
   27  PASSAGE OF OTHER PERSONS, FOR THE PURPOSE OF PROSTITUTION AS THE TERM IS
   28  DEFINED IN ARTICLE TWO HUNDRED THIRTY OF THIS PART, SHALL BE GUILTY OF A
   29  CLASS  B  MISDEMEANOR  AND  IS  GUILTY  OF A CLASS A MISDEMEANOR IF SUCH
   30  PERSON HAS PREVIOUSLY BEEN CONVICTED OF A VIOLATION OF THIS  SECTION  OR
   31  OF SECTION 230.00 OF THIS PART.
   32    5.  ANY  PERSON  WHO REMAINS OR WANDERS ABOUT IN A SCHOOL ZONE, AS THE
   33  TERM IS DEFINED IN SECTION 230.03 OF THIS PART, AND  REPEATEDLY  BECKONS
   34  TO,  OR  REPEATEDLY STOPS, OR REPEATEDLY ATTEMPTS TO STOP, OR REPEATEDLY
   35  ATTEMPTS TO ENGAGE PASSERSBY IN CONVERSATION,  OR  REPEATEDLY  STOPS  OR
   36  ATTEMPTS  TO STOP MOTOR VEHICLES, OR REPEATEDLY INTERFERES WITH THE FREE
   37  PASSAGE OF OTHER PERSONS, FOR THE PURPOSE OF PATRONIZING  A  PERSON  FOR
   38  PROSTITUTION  AS DEFINED IN SECTION 230.02 OF THIS PART, SHALL BE GUILTY
   39  OF A CLASS B MISDEMEANOR AND IS GUILTY OF A CLASS A MISDEMEANOR IF  SUCH
   40  PERSON  HAS  PREVIOUSLY BEEN CONVICTED OF A VIOLATION OF THIS SECTION OR
   41  OF SECTION 230.04, 230.05, 230.06, 230.08, 230.11, 230.12, OR 230.13  OF
   42  THIS PART.
   43    S  24. The section heading of section 170.15 of the criminal procedure
   44  law, as amended by chapter 661 of the laws of 1972, is amended and a new
   45  subdivision 5 is added to read as follows:
   46    Removal of action from [one local] criminal court to another COURT.
   47    5. (A) WHEN A DEFENDANT WHO  IS  LESS  THAN  EIGHTEEN  YEARS  OLD  AND
   48  ALLEGED TO HAVE ENGAGED IN ANY ACT DEFINED IN SECTION 230.00 OR SUBDIVI-
   49  SION  TWO  OR  THREE  OF  SECTION 240.37 OF THE PENAL LAW IS BROUGHT FOR
   50  ARRAIGNMENT UPON AN INFORMATION, SIMPLIFIED INFORMATION  OR  MISDEMEANOR
   51  COMPLAINT CHARGING SUCH OFFENSE, THE COURT MUST ORDER THE ACTION REMOVED
   52  TO FAMILY COURT FOR FURTHER PROCEEDINGS IN ACCORDANCE WITH ARTICLE SEVEN
   53  OF  THE  FAMILY  COURT ACT. THE ORDER OF REMOVAL MUST DIRECT THAT ALL OF
   54  THE PLEADINGS AND PROCEEDINGS IN THE ACTION, OR A CERTIFIED COPY OF  THE
   55  SAME,  BE TRANSFERRED TO THE DESIGNATED FAMILY COURT AND BE DELIVERED TO
   56  AND FILED WITH THE CLERK OF THAT COURT.  THE  PROCEDURES  SET  FORTH  IN
       S. 4233                             8
    1  SECTIONS  725.10,  725.15  AND  725.20  OF THIS CHAPTER FOR TRANSFER AND
    2  SEALING OF RECORDS SHALL APPLY TO THIS PROVISION WHENEVER APPLICABLE.
    3    (B)  THE  COURT  MUST  INFORM  THE  DEFENDANT  OF  THE AVAILABILITY OF
    4  SERVICES UNDER SECTION FOUR HUNDRED FORTY-SEVEN-B OF THE SOCIAL SERVICES
    5  LAW.
    6    S 25. Subdivision 6 of section 380.50 of the criminal  procedure  law,
    7  as  amended  by  chapter  320 of the laws of 2006, is amended to read as
    8  follows:
    9    6. Regardless of whether the victim requests to make a statement  with
   10  regard to the defendant's sentence, where the defendant is sentenced for
   11  a violent felony offense as defined in section 70.02 of the penal law or
   12  a  felony  defined in article one hundred twenty-five of such law or any
   13  of the following  provisions  of  such  law:  sections  130.25,  130.30,
   14  130.40, 130.45, 255.25, 255.26, 255.27, article two hundred sixty-three,
   15  135.10,  135.25, 230.04, 230.05, 230.06, 230.08, 230.11, 230.12, 230.13,
   16  subdivision two of section 230.30 or 230.32, the prosecutor shall, with-
   17  in sixty days of the imposition of sentence, provide the victim  with  a
   18  form  on  which  the  victim may indicate a demand to be informed of any
   19  petition to change the name of such defendant.    Such  forms  shall  be
   20  maintained by such prosecutor. Upon receipt of a notice of a petition to
   21  change  the  name  of any such defendant, pursuant to subdivision two of
   22  section sixty-two of the civil rights law, the prosecutor shall promptly
   23  notify the victim at  the  most  current  address  or  telephone  number
   24  provided  by  such  victim in the most reasonable and expedient possible
   25  manner of the time and place such petition  will  be  presented  to  the
   26  court.
   27    S  26.  The  opening  paragraph  of  paragraph (i) of subdivision 1 of
   28  section 440.10 of the criminal procedure law, as added by chapter 332 of
   29  the laws of 2010, is amended to read as follows:
   30    The judgment is a conviction where  the  arresting  charge  was  under
   31  section  240.37 (loitering for the purpose of engaging in a prostitution
   32  offense, provided that the defendant was not alleged to be loitering for
   33  the purpose of patronizing a [prostitute]  PERSON  FOR  PROSTITUTION  or
   34  promoting  prostitution)  or 230.00 (prostitution) of the penal law, and
   35  the defendant's participation in the offense was a result of having been
   36  a victim of sex trafficking under section 230.34 of  the  penal  law  or
   37  trafficking  in  persons  under  the  Trafficking Victims Protection Act
   38  (United States Code, title 22, chapter 78); provided that
   39    S 27.  Paragraph (h) of subdivision 8 of section 700.05 of the  crimi-
   40  nal  procedure  law,  as  amended by chapter 154 of the laws of 1990, is
   41  amended to read as follows:
   42    (h) Promoting prostitution in the first degree, as defined in  section
   43  230.32 of the penal law, promoting prostitution in the second degree, as
   44  defined by subdivision one of section 230.30 of the penal law, PROMOTING
   45  PROSTITUTION  IN  THE  THIRD DEGREE, AS DEFINED IN SECTION 230.25 OF THE
   46  PENAL LAW AND COMPELLING PROSTITUTION, AS DEFINED IN SECTION  230.33  OF
   47  THE PENAL LAW;
   48    S  28.  Section 483-bb of the social services law, as added by chapter
   49  74 of the laws of 2007, is amended to read as follows:
   50    S 483-bb. Services for victims of human trafficking. (a) The office of
   51  temporary and disability assistance [may] SHALL, UPON  REQUEST,  coordi-
   52  nate  with  and  assist law enforcement agencies and district attorney's
   53  offices to access appropriate services for human trafficking victims.
   54    (b) In providing such assistance, the office of temporary and disabil-
   55  ity assistance may enter into contracts  with  non-government  organiza-
   56  tions for providing services to pre-certified victims of human traffick-
       S. 4233                             9
    1  ing   as   defined   in   subdivision   (b)   of  section  four  hundred
    2  eighty-three-aa of this article[, insofar as  funds  are  available  for
    3  that  purpose].  Such services may include, but are not limited to, case
    4  management,  emergency  temporary  housing,  health  care, mental health
    5  counseling, drug addiction screening and treatment, language interpreta-
    6  tion and translation services, English language instruction, job  train-
    7  ing   and   placement   assistance,  post-employment  services  for  job
    8  retention, and services to assist the individual and any of his  or  her
    9  family  members  to establish a permanent residence in New York state or
   10  the United States. Nothing in this section shall preclude the office  of
   11  temporary  and  disability  assistance,  or  any  local  social services
   12  district, from providing human trafficking victims who are United States
   13  citizens or human trafficking victims who meet the criteria pursuant  to
   14  section  one  hundred  twenty-two  of  this chapter with any benefits or
   15  services for which they otherwise may be eligible.
   16    S 29. Subdivision (a) of section 483-cc of the social services law, as
   17  added by chapter 74 of the laws of 2007, is amended to read as follows:
   18    (a) As soon as practicable after a first encounter with a  person  who
   19  reasonably  appears  to a law enforcement agency [or a], district attor-
   20  ney's office, OR AN ESTABLISHED PROVIDER OF  SOCIAL  OR  LEGAL  SERVICES
   21  DESIGNATED  BY  THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE OR THE
   22  OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE to be a human trafficking
   23  victim, that agency [or], office OR PROVIDER shall notify the office  of
   24  temporary and disability assistance and the division of criminal justice
   25  services  that such person may be eligible for services under this arti-
   26  cle.
   27    S 30. Subdivision (p) of section 10.03 of the mental hygiene  law,  as
   28  added by chapter 7 of the laws of 2007, is amended to read as follows:
   29    (p)  "Sex  offense"  means an act or acts constituting: (1) any felony
   30  defined in article one hundred thirty of  the  penal  law,  including  a
   31  sexually  motivated  felony;  (2)  patronizing a [prostitute] PERSON FOR
   32  PROSTITUTION IN THE SECOND DEGREE, AS DEFINED IN SECTION 230.05  OF  THE
   33  PENAL  LAW, PATRONIZING A PERSON FOR PROSTITUTION in the first degree as
   34  defined in section 230.06 of the penal  law,  AGGRAVATED  PATRONIZING  A
   35  MINOR  FOR PROSTITUTION IN THE FIRST DEGREE AS DEFINED IN SECTION 230.13
   36  OF THE PENAL LAW, AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE
   37  SECOND DEGREE AS DEFINED IN SECTION 230.12 OF THE PENAL LAW,  AGGRAVATED
   38  PATRONIZING  A  MINOR FOR PROSTITUTION IN THE THIRD DEGREE AS DEFINED IN
   39  SECTION 230.11 OF THE PENAL LAW, incest in the second degree as  defined
   40  in  section  255.26  of  the penal law, or incest in the first degree as
   41  defined in section 255.27 of the penal law;  (3)  a  felony  attempt  or
   42  conspiracy  to  commit  any  of the foregoing offenses set forth in this
   43  subdivision; or (4) a designated felony, as defined in  subdivision  (f)
   44  of this section, if sexually motivated and committed prior to the effec-
   45  tive date of this article.
   46    S  31.  Subparagraph  (i) of paragraph (a) of subdivision 2 of section
   47  168-a of the correction law, as amended by chapter 405 of  the  laws  of
   48  2008, is amended to read as follows:
   49    (i)  a  conviction  of or a conviction for an attempt to commit any of
   50  the provisions of  sections  120.70,  130.20,  130.25,  130.30,  130.40,
   51  130.45,  130.60,  [230.34,] 250.50, 255.25, 255.26 and 255.27 or article
   52  two hundred sixty-three of the penal law,  or  section  135.05,  135.10,
   53  135.20  or  135.25 of such law relating to kidnapping offenses, provided
   54  the victim of such kidnapping or related offense is less than  seventeen
   55  years  old  and the offender is not the parent of the victim, or section
   56  230.04, [where the person patronized is  in  fact  less  than  seventeen
       S. 4233                            10
    1  years of age,] 230.05 [or], 230.06, 230.08, [or] 230.11, 230.12, 230.13,
    2  [subdivision  two  of section] 230.30, [or section] 230.32 [or], 230.33,
    3  OR 230.34 of the penal law, OR SECTION 230.25 OF THE PENAL LAW WHERE THE
    4  PERSON PROSTITUTED IS IN FACT LESS THAN EIGHTEEN YEARS OLD, or
    5    S  32.  Paragraph  (b)  of  subdivision  1  of  section  168-d  of the
    6  correction law, as amended by chapter 74 of the laws of 2007, is amended
    7  to read as follows:
    8    (b) Where a defendant stands convicted of an offense defined in  para-
    9  graph  (b)  of  subdivision  two of section one hundred sixty-eight-a of
   10  this article or where the  defendant  was  convicted  of  patronizing  a
   11  [prostitute]  PERSON  FOR PROSTITUTION in the third degree under section
   12  230.04 of the penal law OR OF PATRONIZING A PERSON FOR  PROSTITUTION  IN
   13  THE SECOND DEGREE UNDER SECTION 230.05 OF THE PENAL LAW, OR OF PATRONIZ-
   14  ING  A  PERSON FOR PROSTITUTION IN THE FIRST DEGREE UNDER SECTION 230.06
   15  OF THE PENAL LAW, OR OF PATRONIZING  A  PERSON  FOR  PROSTITUTION  IN  A
   16  SCHOOL  ZONE  UNDER  SECTION  230.08  OF THE PENAL LAW, OR OF AGGRAVATED
   17  PATRONIZING A MINOR FOR PROSTITUTION IN THE FIRST DEGREE AS  DEFINED  IN
   18  SECTION  230.13  OF  THE PENAL LAW, OR OF AGGRAVATED PATRONIZING A MINOR
   19  FOR PROSTITUTION IN THE SECOND DEGREE AS DEFINED IN  SECTION  230.12  OF
   20  THE  PENAL LAW, OR OF AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN
   21  THE THIRD DEGREE AS DEFINED IN SECTION 230.11 OF THE PENAL LAW, and  the
   22  defendant  controverts an allegation that the victim of such offense was
   23  less than eighteen years [of age or, in the case of a  conviction  under
   24  section  230.04 of the penal law, less than seventeen years of age] OLD,
   25  the court, without a jury, shall, prior to sentencing, conduct  a  hear-
   26  ing,  and the people may prove by clear and convincing evidence that the
   27  victim was less than eighteen years [of age or less than seventeen years
   28  of age, as applicable] OLD, by any evidence admissible under  the  rules
   29  applicable  to  a  trial of the issue of guilt. The court in addition to
   30  such admissible evidence may also  consider  reliable  hearsay  evidence
   31  submitted  by  either party provided that it is relevant to the determi-
   32  nation of the age of the victim. Facts concerning the age of the  victim
   33  proven  at trial or ascertained at the time of entry of a plea of guilty
   34  shall be deemed established by clear and convincing evidence  and  shall
   35  not  be relitigated. At the conclusion of the hearing, or if the defend-
   36  ant does not controvert an allegation that the victim of the offense was
   37  less than eighteen years [of age or less than seventeen years of age, as
   38  applicable] OLD, the court must  make  a  finding  and  enter  an  order
   39  setting  forth the age of the victim. If the court finds that the victim
   40  of such offense was under eighteen years  [of  age  or  under  seventeen
   41  years  of  age as applicable] OLD, the court shall certify the defendant
   42  as a sex offender, the provisions of paragraph (a) of  this  subdivision
   43  shall  apply  and  the  defendant  shall  register  with the division in
   44  accordance with the provisions of this article.
   45    S 33. Subparagraph (v) of paragraph (b) of subdivision  1  of  section
   46  509-c  of  the vehicle and traffic law, as amended by chapter 345 of the
   47  laws of 2007, is amended to read as follows:
   48    (v) has been convicted of a violation  of  section  120.04,  120.04-a,
   49  125.13, 125.14 [or], 235.07 OR 230.34 of the penal law.
   50    S  34.  Subparagraph (iv) of paragraph (b) of subdivision 2 of section
   51  509-c of the vehicle and traffic law, as amended by chapter 345  of  the
   52  laws of 2007, is amended to read as follows:
   53    (iv)  has  been  convicted of a violation of section 120.04, 120.04-a,
   54  125.13 [or], 125.14, 235.07 OR 230.34 of the penal law.
       S. 4233                            11
    1    S 35. Paragraphs (a) and (c) of subdivision 4 of section 509-cc of the
    2  vehicle and traffic law, as amended by chapter 400 of the laws of  2011,
    3  are amended to read as follows:
    4    (a)  The offenses referred to in subparagraph (ii) of paragraph (a) of
    5  subdivision one and paragraph (a) of subdivision  two  of  this  section
    6  that  result  in  permanent  disqualification shall include a conviction
    7  under sections 125.12, 125.13, 125.14, 125.15, 125.20,  125.21,  125.22,
    8  125.25,  125.26, 125.27, 130.30, 130.35, 130.45, 130.50, 130.65, 130.66,
    9  130.67, 130.70, 130.75, 130.80, 130.90, 130.95, 130.96, 135.25,  150.20,
   10  230.30,  230.32, 230.33, 230.34, 235.22, 263.05, 263.10, 263.11, 263.15,
   11  263.16 of the penal law or an attempt to commit  any  of  the  aforesaid
   12  offenses  under section 110.00 of the penal law, or any offenses commit-
   13  ted under a former section of  the  penal  law  which  would  constitute
   14  violations  of  the aforesaid sections of the penal law, or any offenses
   15  committed outside this state which would constitute  violations  of  the
   16  aforesaid sections of the penal law.
   17    (c)  The  offenses referred to in subparagraph (i) of paragraph (b) of
   18  subdivision one and subparagraph (i) of paragraph (c) of subdivision two
   19  of this section that result in disqualification for  a  period  of  five
   20  years  shall include a conviction under sections 100.10, 105.13, 115.05,
   21  120.03,  120.04,  120.04-a,  120.05,  120.10,  120.25,  121.12,  121.13,
   22  125.40,  125.45, 130.20, 130.25, 130.52, 130.55, 135.10, 135.55, 140.17,
   23  140.25, 140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06,  220.09,
   24  220.16,  220.31, 220.34, 220.60, 220.65, 221.30, 221.50, 221.55, 230.00,
   25  230.04, 230.05, 230.06, 230.08, 230.11, 230.12, 230.13, 230.19,  230.20,
   26  235.05,  235.06, 235.07, 235.21, 240.06, 245.00, 260.10, subdivision two
   27  of section 260.20 and sections 260.25, 265.02, 265.03,  265.08,  265.09,
   28  265.10,  265.12,  265.35 of the penal law or an attempt to commit any of
   29  the aforesaid offenses under section 110.00 of the  penal  law,  or  any
   30  similar  offenses  committed under a former section of the penal law, or
   31  any offenses committed under a former section of  the  penal  law  which
   32  would  constitute violations of the aforesaid sections of the penal law,
   33  or any offenses committed outside  this  state  which  would  constitute
   34  violations of the aforesaid sections of the penal law.
   35    S  36.  Section 2324-a of the public health law, as amended by chapter
   36  260 of the laws of 1978, is amended to read as follows:
   37    S 2324-a. Presumptive evidence.  For the purposes of this  title,  two
   38  or more convictions of any person or persons had, within a period of one
   39  year,  for  any  of  the  offenses  described in section 230.00, 230.04,
   40  230.05, 230.06, 230.08, 230.11, 230.12,  230.13,  230.20,  230.25  [or],
   41  230.30, 230.32, 230.33, 230.34 OR 230.40 of the penal law arising out of
   42  conduct engaged in at the same real property consisting of a dwelling as
   43  that term is defined in subdivision four of section four of the multiple
   44  dwelling  law  shall be presumptive evidence of conduct constituting use
   45  of the premises for purposes of prostitution.
   46    S 37. Subdivision 2 of section 715 of the real  property  actions  and
   47  proceedings law, as added by chapter 494 of the laws of 1976, is amended
   48  to read as follows:
   49    2. For purposes of this section, two or more convictions of any person
   50  or  persons  had,  within  a period of one year, for any of the offenses
   51  described in section 230.00, 230.04,  230.05,  230.06,  230.08,  230.11,
   52  230.12,  230.13,  230.20,  230.25,  230.30,  230.32,  230.33, 230.34, or
   53  230.40 of the penal law arising out of conduct engaged in  at  the  same
   54  real property consisting of a dwelling as that term is defined in subdi-
   55  vision  four  of  section  four  of  the  multiple dwelling law shall be
       S. 4233                            12
    1  presumptive evidence of conduct constituting use  of  the  premises  for
    2  purposes of prostitution.
    3    S  38.  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, 230.04, 230.05, 230.06, 230.08,
    9  230.11, 230.12, 230.13, 230.20, 230.25, 230.30, 230.32,  230.33,  230.34
   10  or 230.40 of the penal law arising out of conduct engaged in at the same
   11  premises consisting of a dwelling as that term is defined in subdivision
   12  four  of  section four of the multiple dwelling law shall be presumptive
   13  evidence of unlawful use of such premises and of the owners knowledge of
   14  the same.
   15    S 39. Subdivision (c) of section 483-ee of the social services law, as
   16  added by chapter 74 of the laws of 2007, is amended to read as follows:
   17    (c) One year from the effective date of this section,  or  earlier  if
   18  deemed  appropriate, the task force shall report to the governor and the
   19  legislature on these issues, and it shall thereafter issue such  reports
   20  [and  recommendations  as it deems necessary to carry out its duties and
   21  responsibilities] NO LATER THAN THE FIRST DAY  OF  EACH  CALENDAR  YEAR.
   22  SUCH  REPORTS  SHALL  INCLUDE:  (1)  STATISTICS DISCLOSING THE AGGREGATE
   23  NUMBER OF VICTIMS OF HUMAN TRAFFICKING IN THE STATE  AND  THE  AGGREGATE
   24  NUMBER  OF  PERSONS UNDER EIGHTEEN YEARS OF AGE WHO ARE VICTIMS OF HUMAN
   25  TRAFFICKING, PROVIDED THAT BOTH  AGGREGATE  NUMBERS  SHALL  INCLUDE  THE
   26  DISTRIBUTION OF VICTIMS BY SEX, RACE, AND TYPE OF TRAFFICKING, WITH SUCH
   27  TYPES BEING LABOR OR SEX; (2) STATISTICS DISCLOSING THE AGGREGATE NUMBER
   28  OF VICTIMS OF HUMAN TRAFFICKING WHO WERE OFFERED SOCIAL SERVICES AND THE
   29  AGGREGATE  NUMBER  OF  VICTIMS  OF HUMAN TRAFFICKING WHO ACCEPTED SOCIAL
   30  SERVICES,  PROVIDED  THAT  BOTH  AGGREGATE  NUMBERS  SHALL  INCLUDE  THE
   31  DISTRIBUTION  OF  VICTIMS  RECEIVING  SOCIAL  SERVICES BY TYPE OF SOCIAL
   32  SERVICE, AGE, SEX, RACE, AND TYPE OF TRAFFICKING, WITH SUCH TYPES  BEING
   33  LABOR OR SEX; (3) STATISTICS DISCLOSING THE AGGREGATE NUMBER OF CRIMINAL
   34  PROCEEDINGS  BROUGHT  PURSUANT  TO SECTION 130.35 OR 230.34 OF THE PENAL
   35  LAW, THE AGGREGATE NUMBER  OF  CONVICTIONS  BROKEN  DOWN  BY  PENAL  LAW
   36  SECTION,  AND  THE DISTRIBUTION OF THE SENTENCES RECEIVED BROKEN DOWN BY
   37  PENAL LAW SECTION; (4) UPDATES  OF  THE  EFFECTIVENESS  OF  THE  STATE'S
   38  TRAINING  EFFORTS THAT ARE EVALUATED PURSUANT TO PARAGRAPH SIX OF SUBDI-
   39  VISION (B) OF THIS SECTION; (5) PROGRESS ON THE ESTABLISHMENT AND IMPLE-
   40  MENTATION OF THE PROTOCOLS DESCRIBED IN PARAGRAPH  FOUR  OF  SUBDIVISION
   41  (B)  OF  THIS  SECTION; (6) PROGRESS FOR THE DUTIES LISTED IN PARAGRAPHS
   42  TWO, THREE, FIVE AND SEVEN OF SUBDIVISION (B) OF THIS SECTION;  AND  (7)
   43  RECOMMENDATIONS TO STRENGTHEN THE STATE'S RESPONSE TO HUMAN TRAFFICKING.
   44    S  40.  Paragraph  (a) of subdivision 1 of section 460.10 of the penal
   45  law, as amended by chapter 405 of the laws of 2010, is amended  to  read
   46  as follows:
   47    (a)  Any  of  the felonies set forth in this chapter: sections 120.05,
   48  120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat-
   49  ing to strangulation; sections 125.10 to 125.27  relating  to  homicide;
   50  sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and
   51  135.25  relating  to  kidnapping; section 135.35 relating to labor traf-
   52  ficking; section 135.65 relating to coercion;  sections  140.20,  140.25
   53  and  140.30  relating  to  burglary;  sections 145.05, 145.10 and 145.12
   54  relating to criminal mischief; article one  hundred  fifty  relating  to
   55  arson;  sections  155.30,  155.35,  155.40  and 155.42 relating to grand
   56  larceny; sections 177.10, 177.15, 177.20 and 177.25 relating  to  health
       S. 4233                            13
    1  care  fraud;  article  one  hundred  sixty relating to robbery; sections
    2  165.45, 165.50, 165.52 and 165.54 relating  to  criminal  possession  of
    3  stolen  property; sections 165.72 and 165.73 relating to trademark coun-
    4  terfeiting;  sections 170.10, 170.15, 170.25, 170.30, 170.40, 170.65 and
    5  170.70 relating to forgery; sections 175.10, 175.25, 175.35, 175.40  and
    6  210.40 relating to false statements; sections 176.15, 176.20, 176.25 and
    7  176.30  relating to insurance fraud; sections 178.20 and 178.25 relating
    8  to criminal diversion of  prescription  medications  and  prescriptions;
    9  sections 180.03, 180.08, 180.15, 180.25, 180.40, 180.45, 200.00, 200.03,
   10  200.04,  200.10, 200.11, 200.12, 200.20, 200.22, 200.25, 200.27, 215.00,
   11  215.05 and 215.19 relating to bribery; sections 187.10,  187.15,  187.20
   12  and  187.25  relating to residential mortgage fraud, sections 190.40 and
   13  190.42 relating to criminal usury; section 190.65 relating to schemes to
   14  defraud; sections 205.60 and 205.65 relating to  hindering  prosecution;
   15  sections  210.10,  210.15,  and 215.51 relating to perjury and contempt;
   16  section 215.40 relating to tampering with  physical  evidence;  sections
   17  220.06,  220.09, 220.16, 220.18, 220.21, 220.31, 220.34, 220.39, 220.41,
   18  220.43,  220.46,  220.55,  220.60  and  220.77  relating  to  controlled
   19  substances;  sections  225.10  and 225.20 relating to gambling; sections
   20  230.19, 230.25, 230.30, and 230.32 relating to  promoting  prostitution;
   21  SECTION  230.33  RELATING  TO  COMPELLING  PROSTITUTION,  section 230.34
   22  relating to sex trafficking; sections 235.06, 235.07, 235.21 and  235.22
   23  relating  to obscenity; sections 263.10 and 263.15 relating to promoting
   24  a sexual performance  by  a  child;  sections  265.02,  265.03,  265.04,
   25  265.11,  265.12,  265.13  and  the  provisions  of  section 265.10 which
   26  constitute a felony relating to firearms and  other  dangerous  weapons;
   27  and  sections  265.14 and 265.16 relating to criminal sale of a firearm;
   28  and section 275.10, 275.20, 275.30, or 275.40 relating  to  unauthorized
   29  recordings;  and  sections 470.05, 470.10, 470.15 and 470.20 relating to
   30  money laundering; or
   31    S 41. Paragraph (b) of subdivision 3 of section 427-a  of  the  social
   32  services law, as added by chapter 452 of the laws of 2007, is amended to
   33  read as follows:
   34    (b) reports alleging that the subject allowed, permitted or encouraged
   35  a  child  to  engage  in  any  act described in sections 230.19, 230.25,
   36  230.30 [and], 230.32, 230.33 AND 230.34 of the penal law;
   37    S 42. Subdivision 2 of section 62 of the civil rights law, as  amended
   38  by  section 55 of subpart B of part C of chapter 62 of the laws of 2011,
   39  is amended to read as follows:
   40    2. If the petition be  to  change  the  name  of  a  person  currently
   41  confined  as  an  inmate in any correctional facility or currently under
   42  the supervision of the department of corrections  and  community  super-
   43  vision  or a county probation department as a result of a conviction for
   44  a violent felony offense as defined in section 70.02 of the penal law or
   45  a felony defined in article one hundred twenty-five of such law  or  any
   46  of the following provisions of such law sections 130.25, 130.30, 130.40,
   47  130.45, 255.25, 255.26, 255.27, article two hundred sixty-three, 135.10,
   48  135.25,  230.05, 230.06, 230.08, 230.11, 230.12, 230.13, subdivision two
   49  of section 230.30 [or], SECTIONS 230.32, 230.33 OR 230.34, notice of the
   50  time and place when and where the petition will be  presented  shall  be
   51  served,  in  like  manner as a notice of a motion upon an attorney in an
   52  action, upon the district attorney of every county in which such  person
   53  has  been convicted of such felony and upon the court or courts in which
   54  the sentence for such felony was entered. Unless  a  shorter  period  of
   55  time is ordered by the court, said notice shall be served upon each such
       S. 4233                            14
    1  district  attorney and court or courts not less than sixty days prior to
    2  the date on which such petition is noticed to be heard.
    3    S  43. The closing paragraph of section 64 of the civil rights law, as
    4  separately amended by chapters 258, 320 and 481 of the laws of 2006,  is
    5  amended to read as follows:
    6    Upon  compliance with the order and the filing of the affidavit of the
    7  publication, as provided in this section, the  clerk  of  the  court  in
    8  which  the  order has been entered shall certify that the order has been
    9  complied with; and, if the petition states that  the  petitioner  stands
   10  convicted of a violent felony offense as defined in section 70.02 of the
   11  penal law or a felony defined in article one hundred twenty-five of such
   12  law  or  any  of  the  following provisions of such law sections 130.25,
   13  130.30, 130.40, 130.45, 255.25,  255.26,  255.27,  article  two  hundred
   14  sixty-three,  135.10,  135.25,  230.05,  230.06, 230.08, 230.11, 230.12,
   15  230.13, subdivision two of section 230.30 [or], SECTIONS 230.32,  230.33
   16  OR  230.34, such clerk (1) shall deliver, by first class mail, a copy of
   17  such certified order to the division of criminal justice services at its
   18  office in the county of Albany and (2)  upon  the  clerk  of  the  court
   19  reviewing  the  petitioner's  application for name change and subsequent
   20  in-court inquiry, may, in the  clerk's  discretion,  deliver,  by  first
   21  class  mail,  the petitioner's new name with such certified order to the
   22  court of competent jurisdiction which imposed  the  orders  of  support.
   23  Such  certification shall appear on the original order and on any certi-
   24  fied copy thereof and shall be entered in the  clerk's  minutes  of  the
   25  proceeding.
   26    S  44. Subdivision 2 of section 61 of the civil rights law, as amended
   27  by section 54 of subpart B of part C of chapter 62 of the laws of  2011,
   28  is amended to read as follows:
   29    2.  If  the petitioner stands convicted of a violent felony offense as
   30  defined in section 70.02 of the penal law or a felony defined in article
   31  one hundred twenty-five of such law or any of the  following  provisions
   32  of  such  law  sections  130.25, 130.30, 130.40, 130.45, 255.25, 255.26,
   33  255.27, article two hundred sixty-three, 135.10, 135.25, 230.05, 230.06,
   34  230.08, 230.11, 230.12, 230.13, subdivision two of section 230.30  [or],
   35  SECTIONS  230.32,  230.33  OR  230.34,  and  is currently confined as an
   36  inmate in any correctional facility or currently under  the  supervision
   37  of  the  department of corrections and community supervision or a county
   38  probation department as a result of such conviction, the petition  shall
   39  for  each  such  conviction  specify such felony conviction, the date of
   40  such conviction or convictions, and the court in which  such  conviction
   41  or convictions were entered.
   42    S  45.  Subdivision  2 of section 353 of the multiple dwelling law, as
   43  amended by chapter 680 of the laws  of  1967,  is  amended  to  read  as
   44  follows:
   45    2. If there be two or more convictions in such dwelling within a peri-
   46  od of six months, under sections 230.00, 230.04, 230.05, 230.06, 230.08,
   47  230.11, 230.12, 230.13, 230.20, 230.25, 230.30, 230.32, 230.33 or 230.40
   48  of the penal law.
   49    S 46. Paragraph (iii) of subdivision (e) of section 1012 of the family
   50  court  act, as amended by chapter 320 of the laws of 2006, is amended to
   51  read as follows:
   52    (iii) commits, or allows to be committed an offense against such child
   53  defined in article one hundred thirty of the penal law; allows,  permits
   54  or  encourages  such  child  to  engage in any act described in sections
   55  230.19, 230.25, 230.30 [and], 230.32, 230.33   AND 230.34 of  the  penal
   56  law;  commits  any  of the acts described in sections 255.25, 255.26 and
       S. 4233                            15
    1  255.27 of the penal law; or allows such  child  to  engage  in  acts  or
    2  conduct  described  in  article two hundred sixty-three of the penal law
    3  provided, however, that (a) the corroboration requirements contained  in
    4  the penal law and (b) the age requirement for the application of article
    5  two hundred sixty-three of such law shall not apply to proceedings under
    6  this article.
    7    S 47. Section 14 of chapter 74 of the laws of 2007, amending the penal
    8  law, the criminal procedure law, the correction law, the social services
    9  law,  and the executive law relating to human trafficking, as amended by
   10  chapter 24 of the laws of 2011, is amended to read as follows:
   11    S 14.   This act shall take effect  on  the  first  of  November  next
   12  succeeding  the  date on which it shall have become a law; provided that
   13  section 483-ee of the social services law, as added by section eleven of
   14  this act, shall take effect immediately and shall remain in  full  force
   15  and  effect  until  September  1,  [2013]  2016  when upon such date the
   16  provisions  of  such  section  shall  expire  and  be  deemed  repealed.
   17  Provided,  effective  immediately, the addition, amendment and/or repeal
   18  of any rule or regulation necessary for the timely implementation of the
   19  provisions of article 10-D of the  social  services  law,  as  added  by
   20  section  eleven  of this act, on its effective date are authorized to be
   21  made on or before such effective date.
   22    S 48. This act shall take effect immediately; provided, however,  that
   23  sections  one  through  forty-six  of  this act shall take effect on the
   24  ninetieth day after it shall have become a law; provided that the amend-
   25  ments to section 483-ee of the social services law made by section thir-
   26  ty-nine of this act shall not affect the expiration and repeal  of  such
   27  section and shall expire and be deemed repealed therewith.