senate Bill S2135

Amended

Makes various provisions relating to prostitution offenses

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 11 / Jan / 2013
    • REFERRED TO CODES
  • 20 / Mar / 2013
    • AMEND (T) AND RECOMMIT TO CODES
  • 20 / Mar / 2013
    • PRINT NUMBER 2135A
  • 22 / Apr / 2013
    • REPORTED AND COMMITTED TO RULES
  • 22 / Apr / 2013
    • ORDERED TO THIRD READING CAL.385
  • 23 / May / 2013
    • AMENDED ON THIRD READING (T) 2135B
  • 21 / Jun / 2013
    • RECOMMITTED TO RULES
  • 08 / Jan / 2014
    • REFERRED TO CODES

Summary

Establishes the "trafficking victims protection and justice act"; makes various provisions relating to prostitution offenses; creates crimes of aggravated patronizing a minor for prostitution; relates to sexually exploited children and youthful offender adjudication; provides specialized training for judges who oversee the cases of 16 and 17 year old prostituted youth.

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Bill Details

Versions:
S2135
S2135A
S2135B
Legislative Cycle:
2013-2014
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd Pen L, generally; amd CP L, generally; amd §483-cc, Soc Serv L; amd §10.03, Ment Hyg L; amd §§168-a & 168-d, Cor L; amd §509-cc, V & T L; amd §2324-a, Pub Health L; amd §715, RPAP L; amd §231, RP L; amd §502, Exec L; amd §212, Judy L
Versions Introduced in 2011-2012 Legislative Cycle:
A9804, S7212

Sponsor Memo

BILL NUMBER:S2135

TITLE OF BILL: An act to amend the penal law, the criminal procedure
law, the social services law, the mental hygiene law, the correction
law, the vehicle and traffic law, the public health law, the real
property actions and proceedings law and the real property law, in
relation to prostitution offenses; and to repeal section 230.07 of the
penal law relating thereto

PURPOSE: This bill would improve the State's response to human
trafficking and increase the accountability of buyers and traffickers
by (i) conforming the ages of victims in certain prostitution offenses
under Article 230 of the Penal Law to the ages of victims of rape
offenses under Article 130 of the Penal Law, (ii) making sex
trafficking a Class B violent felony and labor trafficking a Class B
felony, (iii) improving the school zone prostitution law by adding as
a Class E felony the offense of patronizing a person for Prostitution
in a school zone and removing the scienter requirement in the offense
of promoting prostitution in a school zone. This bill would also
create three aggravated patronizing offenses where the person
patronized is a minor: aggravated patronizing a minor for prostitution
in the third degree, a Class E felony; aggravated patronizing a minor
for prostitution in the second degree, a Class D felony; and
aggravated patronizing a minor for prostitution in the first degree, a
Class B felony.

Additionally, the bill eliminates the term "prostitute" used in the
Penal Law and replaces it with "person for prostitution."

SUMMARY OF PROVISIONS: Section 1 provides that the act shall be known
and may be cited as the "trafficking victims protection and justice
act".

Section 2 amends section 60.13 of the Penal Law, as added by Chapter 7
of the Laws of 2007, to add aggravated patronizing a minor for
prostitution in the third degree as defined in section 230.11,
aggravated patronizing a minor for prostitution in the second degree
as defined in section 230.12, and aggravated patronizing a minor for
prostitution in the first degree as defined in section 230.13, as
felony sex offenses.

Section 3 amends paragraph (a) of subdivision 1 of section 70.02 of
the Penal Law, as amended by Chapter 320 of the Laws of 2006, to add
sex trafficking as defined in section 230.34 as a Class B violent
felony offense.

Section 4 amends paragraph (a) of subdivision 1 of section 70.80 of
the Penal Law, as added by Chapter 7 of the Laws of 2007, to add
patronizing a person for prostitution in the second degree, aggravated
patronizing a minor for prostitution in the third degree, aggravated
patronizing a minor for prostitution in the second degree and
aggravated patronizing a minor for prostitution in the first degree as
felony sex offenses.


Section 5 amends section 135.35 of the Penal Law, as added by Chanter
74 of the Laws of 2007, to provide that labor trafficking is a Class B
felony, in lieu of a Class D felony.

Section 6 amends the Penal Law by adding a new section 230.01 to
provide for an affirmative defense in any prosecution Under section
230.00 or section 240.37(3) of the Penal Law that the defendant's
participation in the offense was a result of having been a victim of
sex trafficking under section 230.34 of the Penal Law or a victim of
trafficking under the federal Trafficking Victims Protection Act.

Section 7 amends section 230.02 of the Penal Law, as amended by
Chapter 627 of the Laws of 1978, to replace the term "prostitute" with
"person for prostitution" and to make the section gender neutral.

Section 8 amends subdivision 2 of section 230.03 of the Penal Law, as
added by Chapter 191 of the Laws of 2011, to provide that the
definition of school zone also applies for purposes of section 230.08,
patronizing a person for prostitution in a school zone.

Section 9 repeals section 230.07 of the Penal Law and amends the Penal
Law by adding a new section 230.08 to provide a new offense,
patronizing a person for prostitution in a school zone. A person is
guilty of patronizing a person for prostitution in a school zone when
he or she commits the crime of patronizing a person for prostitution
in violation of section 230.04, 230.05 or 230.06 of the Penal Law in a
school zone during the hours that school is in session. This section
provides that Patronizing a person for prostitution in a school zone
is a Class E felony.

Section 10 amends section 230.04 of the Penal Law, as amended by
Chapter 74 of the Laws of 2007, to replace the term "prostitute" with
"person for prostitution."

Section 11 amends section 230.05 of the Penal Law, as amended by
Chapter 627 of the Laws of 1978, to provide that a person is guilty of
patronizing a person for prostitution in the second degree when being
18 years old or more, he or she patronizes a person for prostitution
and the person patronized is less than 15 years old. Current law
provides that a person is guilty of this offense where he is over age
18 and the person patronized is less than 14 years old. The section
also replaces the term "prostitute" with "person for prostitution" and
makes the section gender neutral.

Section 12 amends section 230.06 of the Penal Law, as added by Chapter
627 of the Laws of 1978, to add that a person is guilty of patronizing
a Person for prostitution in the first degree when being 18 years old
or more he or she patronizes a person for prostitution and the person
patronized is less than 13 years old. The section also replaces the
term "prostitute" with "person for prostitution" and makes the section
gender neutral.

Section 13 amends section 230.10 of the Penal Law to replace the term
"prostitute" with "person for prostitution."

Section 14 amends the Penal Law by adding three new sections 230.11,
230.12 and 230.13. New section 230.11 creates the new offense of


aggravated patronizing a minor for prostitution in the third degree.
A person is guilty of aggravated patronizing a minor for prostitution
in the third degree when, being 21 years old or more, he or she
patronizes a person for prostitution and the person patronized is less
than 18 years old and the person guilty of patronizing engages in
sexual intercourse, oral sexual conduct, anal sexual conduct, or
aggravated sexual conduct. Aggravated patronizing a minor for
prostitution in the third degree is a Class B felony.

New section 230.12 creates the new offense of aggravated patronizing a
minor for prostitution in the second degree. A person is guilty of
aggravated patronizing a minor for prostitution in the second degree
when, being 18 years old or more, he or she patronizes a person for
prostitution and the person patronized is less than 15 years old and
the person guilty of patronizing engages in sexual intercourse, oral
sexual conduct, anal sexual conduct, or aggravated sexual conduct.
Aggravated patronizing a minor for prostitution in the second degree
is a Class D felony.

New section 230.13 creates the new offense of aggravated patronizing a
minor for prostitution in the first degree. A person is guilty of
aggravated patronizing a minor for prostitution in the first degree,
when he or she patronizes a person for prostitution and the person
patronized is less than 11 years old, or the person patronized is less
than 13 years old and the person patronizing a person for prostitution
is 18 years old or more, and in either case the person guilty of
patronizing engages in sexual intercourse, oral sexual conduct, anal
sexual conduct, or aggravated sexual conduct. Aggravated patronizing
a minor for prostitution in the first degree is a Class B felony.

Section 15 amends subdivisions 1 and 2 of section 230.15 of the Penal
Law to replace the term "prostitute" with "person for prostitution"
and makes the-section gender neutral.

Section 16 amends subdivision 1 of section 230.19 of the Penal Law, as
added by Chapter 191 of the Laws of 2011, to eliminate the scienter
requirement so that a person is guilty of promoting prostitution in a
school zone when, being 19 years old or more, he or she knowingly
advances or profits from prostitution in a school zone during the
hours that school is in session.

Section 17 amends the opening paragraph and subdivisions 1 and 2 of
section 230.25 of the Penal Law, the opening paragraph and subdivision
2 as amended by Chapter 627 of the Laws of 1978 and subdivision 1 as
amended by Chapter 74 of the Laws of 2007, to add that a person is
guilty of promoting prostitution in the third degree when he or she
profits from prostitution by engaging, either alone or in association
with others, in a business or enterprise consisting of the
transporting of a person or persons for the purposes of prostitution,
The section also replaces the term "prostitute" with "person for
prostitution" and makes the section gender neutral.

Section 18 amends the opening paragraph of section 230.30 of the Penal
Law, as amended by Chapter 627 of the Laws of 1978, to make the
section gender neutral.


Section 19 amends section 230.32 of the Penal Law, as added by Chapter
627 of the Laws of 1978, by providing that a person is guilty of
promoting prostitution in the first degree when he or she knowingly
advances or profits from prostitution of a person less than 13 years
old, in lieu of less than 11 years old.

Section 20 amends section 230.33 of the Penal Law, as added by Chapter
450 of the Laws of 2005, by providing that a person is guilty of
compelling prostitution when, being 21 years old or more, he or she
knowingly advances prostitution by compelling by force or intimidation
a person less than 18 years old, in lieu of less than 16 years old, to
engage in prostitution.

Section 21 amends subdivision 1 and paragraph (h) of subdivision 5 of
section 230.34 of the Penal Law, as added by Chapter 74 of the Laws of
2007, by adding to the substances that are unlawfully provided to a
person who is patronized with intent to impair such person's judgment
marijuana and methylenedioxymethamphetamine (MOMA), also known as
Ecstasy, The section also adds a new subdivision 6 to provide that a
person is guilty of sex trafficking if he or she intentionally
advances or profits from prostitution by knowingly advancing
prostitution, of a person less than 18 years old.

Section 22 amends section 230.35 of the Penal Law, as amended by
Chapter 450 of the Laws of 2005, by providing that in a prosecution
for promoting prostitution or compelling prostitution, a person less
than 18 years old from whose prostitution activity another person is
alleged to have advance or attempted to advance or profited or
attempted to profit shall not be deemed to be an accomplice. Current
law provides that a person less than 17 years old. under such
circumstances shall not be deemed an accomplice.

Section 23 amends section 230.40 of the Penal Law to add that a person
is guilty of permitting prostitution when, having possession or
control of a vehicle that he or she knows is being used for
prostitution or for the purpose of advancing prostitution, he or she
fails to make reasonable effort to halt or abate such use.

Section 24 amends subdivision 2 of section 240.37 of the Penal Law, as
added by Chapter 344 of the Laws of 1976, and adds a new subdivision 3
to add that any person who remains or wanders about in a public place
and repeatedly beckons to, or repeatedly stops, or repeatedly attempts
to step, or repeatedly attempts to engage passers-by in conversation,
or repeatedly stops or attempts to stop motor vehicles, or repeatedly
interferes with the free passage of other persons, for the purpose of
patronizing a person for prostitution is guilty of a violation and is
guilty of a Class 13 misdemeanor if such person has previously been
convicted of a violation of this section or of sections 230.04,
230.05, 230.06 or 230.08 of the Penal Law.

Section 25 amends section 170.15 of the Criminal Procedure Law, as
amended by Chapter 661 of the Laws of 1972, to amend the section
heading and to add a new subdivision 5 to provide that when a
defendant who is less than 18 years old and alleged to have engaged in
any act defined, in section 230.00 or 240.37(2) of the Penal Law is
brought for arraignment upon an information, simplified information or
misdemeanor complaint charging such offense, the court must order the


action removed to family court for further proceedings in accordance
with Article 7 of the Family Court Act. The order of removal must
direct that all of the pleadings and proceedings in the action or a
certified copy be transferred to the designated family court and be
delivered to and filed with the clerk of that court. The new
subdivision further provides that the procedures set forth in sections
725.10, 725.15 and 725.20 of the Criminal Procedure Law for transfer
and sealing of records shall apply whenever applicable. The court must
inform the defendant of the availability of services under section
447-b of the Social Services Law.

Section 26 amends subdivision 6 of section 380.50 of the Criminal
Procedure Law, as amended by Chapter 320 of the Laws of 2006, to add
to the list of enumerated offenses for which a defendant is sentenced
offenses under sections 230.04, patronizing a person for prostitution
in the third degree, 230.08, patronizing a person for prostitution in
a school zone, 230.11, aggravated patronizing a minor for prostitution
in the third degree, 2301.2, aggravated patronizing a minor for
prostitution in the second degree, and 230.13, aggravated patronizing
a minor for prostitution in the first degree, wherein the prosecutor
shall, within 60 days of the imposition of sentence provide the victim
with a form on which the victim may indicate a demand to be informed
of any petition to change the name of such defendant.

Section 27 amends subdivision 1 of section 440.10 of the Criminal
Procedure Law, as added by Chapter 332 of the Laws of 2010, to replace
the term "prostitute" with "person for prostitution."

Section 28 amends paragraph (h) of subdivision 8 of section 700.05 of
the Criminal Procedure Law, as amended by Chapter 154 of the Laws of
1990, to include, promoting prostitution in the third degree as
defined in section 230.25 of the Penal Law in the definition of
"designated offense."

Section 29 amends subdivision (a) of section 483-c of the Social
Services Law, as added by Chapter 74 of the Laws of 2007, to add that
an established provider of social or legal services designated by the
Office of Temporary and Disability Assistance (OTDA) or the Office for
the Prevention of Domestic Violence is authorized to notify OTDA and
the Division of Criminal Justice Services that a person who reasonably
appears to be a human trafficking victim may be eligible for services
under this article.

Section 30 amends subdivision (p) of section 10.03 of the Mental
Hygiene Law, as added by Chapter 7 of the Laws of 2007, to add as a
sex offense aggravated patronizing a minor for prostitution in the
first degree under 230.13 of the Penal Law, aggravated patronizing a
minor for prostitution in the second degree under section 220.12 of
the Penal Law, and aggravated patronizing a minor for prostitution in
the third degree under section 230.11 of the Penal Law.

Section 31 amends subparagraph (i) of paragraph (a) of subdivision 2
of section 168-a of the Correction Law, as amended by Chapter 405 of
the Laws of 2008, to add as a sex offense patronizing a person for
prostitution in a school zone under section 230.08 of the Penal Law,
aggravated patronizing a minor for prostitution in the third degree
under 230.21 of the Penal Law, aggravated patronizing a minor for


prostitution in the second degree under section 230.12 of the Penal
Law, and aggravated patronizing a minor for prostitution in the first
degree under section 230.13 of the Penal Law, sex trafficking under
section 230.34 of the Penal Law, and promoting prostitution in the
third degree under section 230.25 of the Penal Law where the person
prostituted is in fact less than 17 years old.

Section 32 amends paragraph (b) of subdivision 1 of section 168-d of
the Correction Law, as amended by Chapter 74 of the Laws of 2007, to
add to the offenses of which a defendant is convicted patronizing a
person for prostitution in the second degree under section 230.05 of
the Penal Law, patronizing a person for prostitution in the first
degree under section 230.06 of the Penal Law, patronizing a person for
prostitution in a school zone under section 230,08 of the Penal Law,
aggravated patronizing a minor for prostitution in the first degree
under 230.13 of the Penal Law, aggravated patronizing a minor for
prostitution in the second degree under section 230.12 of the Penal
Law, and aggravated patronizing a minor for prostitution in the third
degree under section 230.11 of the Penal Law so that where the
defendant controverts an allegation that the victim of such offense
was less than 18 years old, the court shall, without a jury and prior
to sentencing, conduct a hearing and the people may prove by clear and
convincing evidence that the victim was less than 18 or 17, as
applicable.

Section 33 amends paragraph (c) of subdivision 4 of section 509-cc of
the Vehicle and Traffic Law, as amended by Chapter 400 of the Laws of
2011, to add to the enumerated offenses of which a person is convicted
that results in the disqualification for five years of such person
from operating a school bus patronizing a person for prostitution in
the third degree under section 230.04 of the Penal Law, patronizing a
person for prostitution in a school zone under section 230.08 of the
Penal Law, aggravated patronizing a minor for prostitution in the
third degree under 230.11 of the Penal Law, aggravated patronizing a
minor for-prostitution in the second degree under section 230.12 of
the Penal Law, aggravated patronizing a minor for prostitution in the
first degree under section 230.13 of the Penal Law, and promoting
prostitution in a school zone under section 230.19 of the Penal Law.

Section 34 amends section 2324-a of the public health law, as amended
by Chapter 260 of the Laws of 1978, to add to the enumerated offenses
Patronizing a person for prostitution in the third degree under
section 230.04 of the Penal Law, patronizing a person for prostitution
in the first degree under section 230.06 of the Penal Law, patronizing
a person for-prostitution in a school zone under section 230.08 of the
Penal Law, aggravated patronizing a minor for prostitution in the
third degree under 230.11 of the Penal Law, aggravated patronizing a
minor for prostitution in the second degree under section 230.12 of
the Penal Law, aggravated patronizing a minor for prostitution in the
first degree under section 230.13 of the Penal Law, and promoting
prostitution in the first degree under section 230.32 of the Penal
Law.. Two or more convictions of any of the enumerated offenses within
a one-year period arising out of conduct at a dwelling as defined
shall be presumptive evidence of conduct constituting use of the
premises for purposes of prostitution.


Section 35 amends subdivision 2 of section 715 of the Real Property
Actions and Proceedings Law, as added by Chapter 494 of the Laws of
1976, to add to the enumerated offenses patronizing a person for
prostitution in the third degree under section 230.04 of the Penal
Law, Patronizing a person for prostitution in the first degree under
section 230.06 of the Penal Law, patronizing a person for prostitution
in a school zone under section 230.08 of the Penal Law, aggravated
patronizing a minor for prostitution in the third degree under 230.11
of the Penal Law, aggravated patronizing a minor for prostitution in
the second degree under section 230.12 of the Penal Law, aggravated
patronizing a minor for prostitution in the first degree under section
230.13 of the Penal Law, and promoting prostitution in the first
degree under section 230.32 of the Penal Law. Two or more convictions
of any of the enumerated offenses within a one-year period arising out
of conduct at a dwelling as defined shall be presumptive evidence of
conduct constituting use of the premises for purposes of prostitution.

Section 36 amends subdivision 3 of section 231 of the Real Property
Law, as amended by Chapter 203 of the Laws of 1980, to add to the
enumerated offenses patronizing a person for prostitution in the third
degree under section 230.04 of the Penal Law, patronizing a person for
prostitution in the first degree under section 230.06 of the Penal
Law, patronizing a person for prostitution in a school zone under
section 230.08 of the Penal Law, aggravated patronizing a minor for
prostitution in the third degree under 230.11 of the Penal Law,
aggravated patronizing a minor for prostitution in the second degree
under section 230.12 of the Penal Law, aggravated patronizing a minor
for prostitution in the first degree under section 230.13 of the Penal
Law, and promoting prostitution in the first degree under section
230.32 of the Penal Law. Two or more convictions of any of the
enumerated offenses within a one-year period arising out of conduct at
a dwelling as defined shall be presumptive evidence of unlawful use of
such premises and the owner's knowledge of the same.

Section 37 sets forth the effective date as the ninetieth day after it
shall have become law.

JUSTIFICATION: Since 2007, New York State has taken significant
measures to hold accountable sex and labor traffickers, sex tourism
operators and others who organize, promote, advance, support and
patronize the trafficking industry. The State has also taken important
steps in recent years to acknowledge that many individuals facing
prosecution for engaging in prostitution are, in fact, victims of
human trafficking.

This legislation improves in several significant ways the State's
response to human trafficking by enhancing protection of and
assistance to victims of trafficking, particularly in instances of
commercial sexual exploitation of children, and increasing the
accountability of buyers and traffickers who are fueling the growth of
this massive underground industry.

Conforming penalties. This bill creates the felony sex offenses of
aggravated patronizing a minor in the third degree (Penal Law
230.11), the second degree (Penal Law § 230.12), and the first degree
(Penal Law § 230.13) to conform the penalties for patronizing with
those for statutory rape. Currently, an individual convicted of


patronizing a minor for prostitution receives a lesser penalty than
one who rapes a minor of the same age. For example, an 18-year old
found guilty of raping a 12-year old is convicted of a class B felony
sex offense; however, an 18-year old found guilty of patronizing a
12-year old is convicted of a class E felony. This distinction
undercuts the legislative finding, expressed in the Safe Harbour for
Exploited Youth Act (the "Safe Harbor Act"), that minors in
prostitution are sexually exploited children as defined in Social
Services Law § 447-a(1) Imposing a lesser penalty for individuals who
pay to abuse suggests that the exchange of money mitigates the
magnitude of the offense.

Making the crimes of aggravated patronizing a minor sex offenses
(amending Penal Law §§ 60.13 and 70.80(1)(a)) also furthers the
legislative goal of recognizing commercial sexual exploitation of
children as a form of child-sexual abuse.

Consistency within the Penal Law. The bill creates consistency within
the Penal Law by aligning the ages of victims in each degree of
patronizing a prostituted minor crimes with the age delineated in the
corresponding degree of rape offense. For the crime of patronizing a
person for prostitution in the second degree (Penal Law § 230.05), the
age of the victim is changed from less than 14 to less than 15, where
the patronizer is 18 years old or older. The crime of patronizing a
person for Prostitution in the first degree (Penal Law § 230.06) is
amended to include an individual who is 18 years old or older and
patronizes a person less than 13 years old. The crime of promoting
prostitution in the first degree (Penal Law § 230.32) is amended to
include situations where the age of the child promoted is under 13
instead of under 11. The crime of compelling prostitution Penal Laws
230.33) is amended to include situations in which the child compelled
is under 18 rather than under 16. Lastly, a person less than 18
instead of less than 17 will not be deemed an accomplice in promoting
ox compelling prostitution under Penal Law § 230.35.

Alignment with Federal law and the Family Court Act. This bill brings
State law into alignment with Federal law by removing the coercion
requirement for minors under the State's anti-human trafficking law.
Currently, New York trafficking law, unlike Federal trafficking law
(the Trafficking Victims Protection Act), requires that prosecutors
prove coercion even when the victim is a minor. By amending the Penal
Law (new § 230.34(6)), the bill also aligns the Penal Law with the
Family Court Act, which creates a presumption that a minor charged
with prostitution is a trafficking victim.

Removal of cases involving 16- and 17-year olds to Family Court. The
Legislature, in enacting the Safe Harbor Act, recognized that
individuals under the age of 18 who are arrested for prostitution or
loitering for the purposes of prostitution are victims of the
commercial sexual exploitation of children. Consistent, overall
implementation of this groundbreaking reform has been undermined,
however, by inconsistent provisions, particularly in the Penal Law and
the Criminal Procedure Law, that were not simultaneously amended to
effectuate this important policy shift. In practice, 16- and 17
year-old victims continue to be treated as criminal defendants. This
legislation amends the Criminal Procedure Law (§ 170.15) to extend the
procedures in the Safe Harbor Act to criminal court, so that minor


trafficking victims are removed to PINS (Persons in Need of
Supervision) proceedings, where they will receive protection and
services as sex trafficking victims.

Repeal Of Penal Law §230.07. The bill repeals Penal Law § 230-07,
which provides a defense in prosecutions for patronizing a person for
prostitution in the first and second degrees where the defendant did
not have reasonable grounds to believe that the victim was less than
the age specified. It is incongruous to provide for such a defense
where there is no such defense in prosecutions for any of the sex
offenses under Article 130 of the Penal Law. There should be no such
defense when a child being prostituted, a trafficking victim under
State and Federal law, is the victim.

Affirmative defense to prostitution. This bill establishes sex
trafficking as an affirmative defense to prostitution (new § 230.01 of
the Penal Law). In 2010, the Criminal Procedure Law was amended to
enable sex trafficking victims to vacate prostitution convictions (
440.10(1) (1)). Providing an affirmative defense to prostitution where
the defendant asserts that he or she is a victim of sex trafficking
will prompt defense counsel to investigate such circumstances, and to
bring the matter to the attention of the prosecutor and the court.
Such preemptive advocacy would further legislative intent expressed in
the 2010 amendment, contribute to the protection of victims and the
reduction of trafficking, and obviate the need for later
post-conviction challenges.

Referral of services by providers. Accessing social services is
critically important for human trafficking victims. Established
providers of social and legal services are often the first to come
into contact with victims and develop trusting relationships with
them. It is appropriate that these providers, in addition to law
enforcement and district attorneys, be able to make referrals for
needed services. This bill amends the Social Services Law (§ 483-cc)
to expand the scope of persons authorized to make such referrals to
include designated established providers of social or legal services.

Enhanced penalties for trafficking. Sex and labor trafficking are
serious crimes that devastate the lives of victims. Sex trafficking
victims are subjected to rape, frequently over and over, on a daily
basis. Labor trafficking victims endure forced labor, often for
prolonged periods of enslavement. The penalties for trafficking should
be commensurate with the severity of the offenses. The bill designates
sex trafficking as a Class B violent felony (Penal Law § 70.02) and
raises the penalty for labor trafficking from a Class D felony to a
Class B felony (Penal Law § 135.35).

Including patronizers in the School Zone law. In his memo in which he
signed into law the legislation that enhanced the penalties for
prostitution in a school zone and promoting prostitution in a school
zone, Governor Cuomo called attention to a gap in the bill, namely,
that it failed to "provide a complete, fully effective solution to the
problem it is designed to address" by omitting patronizers. The
Governor urged the Legislature to "enact similar enhanced penalties
for patronizing a prostitute within a school zone, in order to protect
our children." This bill amends the Penal. Law (5230.08 and § 230.19)
consistent with the Governor's recommendation.


Holding livery and limousine drivers accountable. Livery and limousine
drivers, many unlicensed, have become central players in the
trafficking of human beings. This growing phenomenon was the focus of
a joint hearing of the New York City Council's Women's Issues and
Public Safety Committees last fall. Amending the Penal Law to include
the use of a vehicle for the purpose of advancing prostitution to
constitute the offense of permitting prostitution under Penal Law
230.40, and to include engaging in a business or enterprise that
consists of the transporting of persons for the purposes of
prostitution to constitute the crime of promoting prostitution in the
third degree under Penal Law § 230.25, will better ensure that livery
and limousine drivers will be prosecuted for their crimes.

Eliminating the stigma inherent in the Penal Law. The use of the term
"prostitute" in the Penal Law unnecessarily stigmatizes a large group
of criminal defendants, many of whom are sex trafficking victims. The
use of the term "prostitute" is the only instance in the Penal Law
where an individual is identified by the crime he or she allegedly
commits nowhere else does the Penal Law designate the criminal
defendant by the crime. For example, a criminal defendant is not
referred to as a "murderer," "robber," or "burglar." Given the fact
that the vast majority of the persons designated as "prostitutes" are
women, the use of the word "prostitute" reflects and contributes to
gender bias. To eliminate the stigma and bias, the bill replaces all
references in the Penal Law to "prostitute" with the Phrase "person
for prostitution."

Better utilization of investigatory tools. The bill enhances the
development of evidence-based cases against pimps and traffickers by
amending the Criminal Procedure Law (§ 700.05) to allow law
enforcement to obtain judicial warrants to conduct eavesdropping and
video surveillance where there is reasonable cause that the suspect
manages, supervises, controls or owns a house of prostitution, or
prostitutes minors or otherwise engages in activities that constitute
promoting prostitution in the third degree under Penal Law § 230.25.
Currently, law enforcement can obtain judicial warrants to intercept
conversations in their investigations of 'traffickers only' when they
can establish coercion or that the victim is under 16. Without the
ability to conduct surveillance of persons overtly promoting
prostitution and the instruments used in furtherance of such
promotion, law enforcement has long been stymied in ferreting out
these perpetrators. With this amendment, we will facilitate the
investigation of prostitution rings and, at the same time, identify
and target human traffickers.

Finally, to address the increased use by traffickers of marijuana and
ecstasy to coerce and control their victims, the bill adds the drugs
marijuana and ecstasy to the list of substances unlawfully provided to
a person who is patronized with the intent to, impair such person's
judgment, constituting sex trafficking under Penal Law § 230.34.

LEGISLATIVE HISTORY: Same as A.9804, 2012 referred to Codes. Similar
to A.245A, 2012 and 2011 referred to Codes. Similar to A.802, 2010 and
2009 referred to Codes. Similar to A.10958, 2005 referred to Codes.
Similar to S.7986 (Saland), 2008 passed Senate.

FISCAL IMPLICATIONS: None.


EFFECTIVE DATE: Effective on the ninetieth day after it shall have
become law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2135

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 11, 2013
                               ___________

Introduced  by  Sen.  LANZA  -- 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 and the real property law, in relation to prostitution
  offenses; and to repeal section 230.07 of the penal law relating ther-
  eto

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Short title. This act shall be known and may be  cited  as
the "trafficking victims protection and justice act".
  S 2. Section 60.13 of the penal law, as added by chapter 7 of the laws
of 2007, is amended to read as follows:
S 60.13 Authorized dispositions; felony sex offenses.
  When  a  person  is  to  be sentenced upon a conviction for any felony
defined in article one hundred thirty of this chapter, including a sexu-
ally motivated felony, or patronizing a [prostitute] PERSON FOR  PROSTI-
TUTION in the first degree as defined in section 230.06 of this chapter,
AGGRAVATED  PATRONIZING  A MINOR FOR PROSTITUTION IN THE THIRD DEGREE AS
DEFINED IN SECTION 230.11 OF  THIS  CHAPTER,  AGGRAVATED  PATRONIZING  A
MINOR FOR PROSTITUTION IN THE SECOND DEGREE AS DEFINED IN SECTION 230.12
OF  THIS CHAPTER, AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE
FIRST DEGREE AS DEFINED IN SECTION 230.13 OF THIS CHAPTER, incest in the
second degree as defined in section 255.26 of this chapter, or incest in
the first degree as defined in section 255.27  of  this  chapter,  or  a
felony  attempt  or  conspiracy to commit any of these crimes, the court
must sentence the defendant in accordance with the provisions of section
70.80 of this title.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03210-01-3

S. 2135                             2

  S 3. Paragraph (a) of subdivision 1 of section 70.02 of the penal law,
as amended by chapter 320 of the laws of 2006, is  amended  to  read  as
follows:
  (a)  Class  B  violent felony offenses: an attempt to commit the class
A-I felonies of murder in  the  second  degree  as  defined  in  section
125.25, kidnapping in the first degree as defined in section 135.25, and
arson  in the first degree as defined in section 150.20; manslaughter in
the first degree as defined in section 125.20,  aggravated  manslaughter
in  the  first  degree  as  defined in section 125.22, rape in the first
degree as defined in section 130.35, criminal sexual act  in  the  first
degree  as  defined  in  section  130.50, aggravated sexual abuse in the
first degree as defined in section  130.70,  course  of  sexual  conduct
against  a  child  in  the  first  degree  as defined in section 130.75;
assault in the first degree as defined in section 120.10, kidnapping  in
the  second  degree  as defined in section 135.20, burglary in the first
degree as defined in section 140.30,  arson  in  the  second  degree  as
defined  in  section  150.15,  robbery in the first degree as defined in
section 160.15, SEX TRAFFICKING AS DEFINED IN SECTION 230.34, incest  in
the  first degree as defined in section 255.27, criminal possession of a
weapon in the first degree as defined in section 265.04, criminal use of
a firearm in the first degree as defined  in  section  265.09,  criminal
sale  of  a  firearm  in  the first degree as defined in section 265.13,
aggravated assault upon a police officer or a peace officer  as  defined
in  section  120.11,  gang  assault  in  the  first degree as defined in
section 120.07, intimidating a victim or witness in the first degree  as
defined  in  section  215.17,  hindering prosecution of terrorism in the
first degree as defined in section  490.35,  criminal  possession  of  a
chemical  weapon or biological weapon in the second degree as defined in
section 490.40, and criminal use of  a  chemical  weapon  or  biological
weapon in the third degree as defined in section 490.47.
  S 4. Paragraph (a) of subdivision 1 of section 70.80 of the penal law,
as  added  by  chapter  7  of  the  laws  of 2007, is amended to read as
follows:
  (a) For the purposes of this section, a "felony sex offense"  means  a
conviction  of  any felony defined in article one hundred thirty of this
chapter, including a sexually motivated felony, or patronizing a  [pros-
titute]  PERSON  FOR  PROSTITUTION  in  the  first  degree as defined in
section 230.06 of this chapter, PATRONIZING A PERSON FOR PROSTITUTION IN
THE SECOND DEGREE AS DEFINED IN SECTION 230.05 OF THIS  CHAPTER,  AGGRA-
VATED  PATRONIZING  A  MINOR  FOR  PROSTITUTION  IN  THE THIRD DEGREE AS
DEFINED IN SECTION 230.11 OF  THIS  CHAPTER,  AGGRAVATED  PATRONIZING  A
MINOR FOR PROSTITUTION IN THE SECOND DEGREE AS DEFINED IN SECTION 230.12
OF  THIS CHAPTER, AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE
FIRST DEGREE AS DEFINED IN SECTION 230.13 OF THIS CHAPTER, incest in the
second degree as defined in section 255.26 of this chapter, or incest in
the first degree as defined in section 255.27  of  this  chapter,  or  a
felony attempt or conspiracy to commit any of the above.
  S  5.    The  closing paragraph of section 135.35 of the penal law, as
added by chapter 74 of the laws of 2007, is amended to read as follows:
  Labor trafficking is a class [D] B felony.
  S 6.  The penal law is amended by adding a new section 230.01 to  read
as follows:
S 230.01 PROSTITUTION; DEFENSE.
  IN  ANY  PROSECUTION  UNDER  SECTION  230.00  OR  SUBDIVISION THREE OF
SECTION 240.37 OF THIS PART, IT  IS  AN  AFFIRMATIVE  DEFENSE  THAT  THE
DEFENDANT'S  PARTICIPATION  IN THE OFFENSE WAS A RESULT OF HAVING BEEN A

S. 2135                             3

VICTIM OF SEX TRAFFICKING UNDER SECTION 230.34  OF  THIS  ARTICLE  OR  A
VICTIM   OF   TRAFFICKING  IN  PERSONS  UNDER  THE  TRAFFICKING  VICTIMS
PROTECTION ACT (UNITED STATES CODE, TITLE 22, CHAPTER 78).
  S  7.  The  section heading and subdivision 1 of section 230.02 of the
penal law, as amended by chapter 627 of the laws of 1978, are amended to
read as follows:
Patronizing a [prostitute] PERSON FOR PROSTITUTION; definitions.
  1. A person patronizes a [prostitute] PERSON FOR PROSTITUTION when:
  (a) Pursuant to a prior understanding, he OR SHE pays a fee to another
person as compensation for such person or a third person having  engaged
in sexual conduct with him OR HER; or
  (b)  He  OR SHE pays or agrees to pay a fee to another person pursuant
to an understanding that in return  therefor  such  person  or  a  third
person will engage in sexual conduct with him OR HER; or
  (c)  He OR SHE solicits or requests another person to engage in sexual
conduct with him OR HER in return for a fee.
  S 8. Subdivision 2 of section 230.03 of the penal  law,  as  added  by
chapter 191 of the laws of 2011, is amended to read as follows:
  2. For the purposes of this section, SECTION 230.08 and section 230.19
of  this  article, "school zone" means (a) in or on or within any build-
ing, structure, athletic playing field,  playground  or  land  contained
within  the real property boundary line of a public or private elementa-
ry, parochial, intermediate, junior high, vocational, or high school, or
(b) any public  sidewalk,  street,  parking  lot,  park,  playground  or
private  land, located immediately adjacent to the boundary line of such
school.
  S 9. Section 230.07 of the penal law is REPEALED  and  a  new  section
230.08 is added to read as follows:
S 230.08 PATRONIZING A PERSON FOR PROSTITUTION IN A SCHOOL ZONE.
  1.  A  PERSON  IS GUILTY OF PATRONIZING A PERSON FOR PROSTITUTION IN A
SCHOOL ZONE WHEN HE OR SHE COMMITS THE CRIME OF PATRONIZING A PERSON FOR
PROSTITUTION IN VIOLATION OF SECTION 230.04, 230.05, OR 230.06  OF  THIS
ARTICLE IN A SCHOOL ZONE DURING THE HOURS THAT SCHOOL IS IN SESSION.
  2.  FOR  PURPOSES  OF  THIS  SECTION, "SCHOOL ZONE" SHALL MEAN "SCHOOL
ZONE" AS DEFINED IN SUBDIVISION TWO OF SECTION 230.03 OF THIS ARTICLE.
  PATRONIZING A PERSON FOR PROSTITUTION IN A SCHOOL ZONE IS  A  CLASS  E
FELONY.
  S 10. Section 230.04 of the penal law, as amended by chapter 74 of the
laws of 2007, is amended to read as follows:
S 230.04 Patronizing a [prostitute] PERSON FOR PROSTITUTION in the third
           degree.
  A  person is guilty of patronizing a [prostitute] PERSON FOR PROSTITU-
TION in the third degree when he or she patronizes a [prostitute] PERSON
FOR PROSTITUTION.
  Patronizing a [prostitute] PERSON FOR PROSTITUTION in the third degree
is a class A misdemeanor.
  S 11. Section 230.05 of the penal law, as added by chapter 627 of  the
laws of 1978, is amended to read as follows:
S  230.05  Patronizing  a  [prostitute]  PERSON  FOR PROSTITUTION in the
           second degree.
  A person is guilty of patronizing a [prostitute] PERSON FOR  PROSTITU-
TION in the second degree when, being [over] eighteen years [of age] OLD
OR MORE, he OR SHE patronizes a [prostitute] PERSON FOR PROSTITUTION and
the  person  patronized  is  less than [fourteen] FIFTEEN years [of age]
OLD.

S. 2135                             4

  Patronizing a [prostitute]  PERSON  FOR  PROSTITUTION  in  the  second
degree is a class E felony.
  S  12. Section 230.06 of the penal law, as added by chapter 627 of the
laws of 1978, is amended to read as follows:
S 230.06 Patronizing a [prostitute] PERSON FOR PROSTITUTION in the first
           degree.
  A person is guilty of patronizing a [prostitute] PERSON FOR  PROSTITU-
TION in the first degree when [he]:
  1. HE OR SHE patronizes a [prostitute] PERSON FOR PROSTITUTION and the
person patronized is less than eleven years [of age] OLD; OR
  2. BEING EIGHTEEN YEARS OLD OR MORE, HE OR SHE PATRONIZES A PERSON FOR
PROSTITUTION AND THE PERSON PATRONIZED IS LESS THAN THIRTEEN YEARS OLD.
  Patronizing a [prostitute] PERSON FOR PROSTITUTION in the first degree
is a class D felony.
  S  13. The section heading and the opening paragraph of section 230.10
of the penal law are amended to read as follows:
Prostitution and patronizing a [prostitute] PERSON FOR PROSTITUTION;  no
           defense.
  In  any  prosecution  for  prostitution  or patronizing a [prostitute]
PERSON FOR PROSTITUTION, the sex  of  the  two  parties  or  prospective
parties  to  the sexual conduct engaged in, contemplated or solicited is
immaterial, and it is no defense that:
  S 14. The penal law is amended by adding three  new  sections  230.11,
230.12 and 230.13 to read as follows:
S 230.11 AGGRAVATED  PATRONIZING  A  MINOR FOR PROSTITUTION IN THE THIRD
           DEGREE.
  A PERSON IS GUILTY OF AGGRAVATED PATRONIZING A MINOR FOR  PROSTITUTION
IN  THE THIRD DEGREE WHEN, BEING TWENTY-ONE YEARS OLD OR MORE, HE OR SHE
PATRONIZES A PERSON FOR PROSTITUTION AND THE PERSON PATRONIZED  IS  LESS
THAN  EIGHTEEN YEARS OLD AND THE PERSON GUILTY OF PATRONIZING ENGAGES IN
SEXUAL INTERCOURSE, ORAL SEXUAL CONDUCT, ANAL SEXUAL CONDUCT, OR  AGGRA-
VATED SEXUAL CONDUCT.
  AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE THIRD DEGREE IS
A CLASS E FELONY.
S 230.12 AGGRAVATED  PATRONIZING  A MINOR FOR PROSTITUTION IN THE SECOND
           DEGREE.
  A PERSON IS GUILTY OF AGGRAVATED PATRONIZING A MINOR FOR  PROSTITUTION
IN  THE  SECOND DEGREE WHEN, BEING EIGHTEEN YEARS OLD OR MORE, HE OR SHE
PATRONIZES A PERSON FOR PROSTITUTION AND THE PERSON PATRONIZED  IS  LESS
THAN  FIFTEEN  YEARS OLD AND THE PERSON GUILTY OF PATRONIZING ENGAGES IN
SEXUAL INTERCOURSE, ORAL SEXUAL CONDUCT, ANAL SEXUAL CONDUCT, OR  AGGRA-
VATED SEXUAL CONDUCT.
  AGGRAVATED  PATRONIZING  A MINOR FOR PROSTITUTION IN THE SECOND DEGREE
IS A CLASS D FELONY.
S 230.13 AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION  IN  THE  FIRST
           DEGREE.
  A  PERSON IS GUILTY OF AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION
IN THE FIRST DEGREE WHEN HE OR SHE PATRONIZES A PERSON FOR  PROSTITUTION
AND  THE PERSON PATRONIZED IS LESS THAN ELEVEN YEARS OLD, BEING EIGHTEEN
YEARS OLD OR MORE, HE OR SHE PATRONIZES A PERSON  FOR  PROSTITUTION  AND
THE  PERSON  PATRONIZED  IS LESS THAN THIRTEEN YEARS OLD, AND THE PERSON
GUILTY  OF  PATRONIZING  ENGAGES  IN  SEXUAL  INTERCOURSE,  ORAL  SEXUAL
CONDUCT, ANAL SEXUAL CONDUCT, OR AGGRAVATED SEXUAL CONDUCT.
  AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE FIRST DEGREE IS
A CLASS B FELONY.

S. 2135                             5

  S  15.  Subdivisions  1  and  2 of section 230.15 of the penal law are
amended to read as follows:
  1.  "Advance  prostitution."  A  person  "advances prostitution" when,
acting other than as a [prostitute]  PERSON  IN  PROSTITUTION  or  as  a
patron thereof, he OR SHE knowingly causes or aids a person to commit or
engage  in  prostitution, procures or solicits patrons for prostitution,
provides persons or premises  for  prostitution  purposes,  operates  or
assists  in  the  operation of a house of prostitution or a prostitution
enterprise, or engages in any other conduct designed to  institute,  aid
or facilitate an act or enterprise of prostitution.
  2.  "Profit  from  prostitution." A person "profits from prostitution"
when, acting other than as a [prostitute] PERSON IN PROSTITUTION receiv-
ing compensation for personally rendered prostitution  services,  he  OR
SHE accepts or receives money or other property pursuant to an agreement
or understanding with any person whereby he OR SHE participates or is to
participate in the proceeds of prostitution activity.
  S  16.  Subdivision  1 of section 230.19 of the penal law, as added by
chapter 191 of the laws of 2011, is amended to read as follows:
  1. A person is guilty of promoting prostitution in a school zone when,
being nineteen years [of age] OLD or [older] MORE, he or  she  knowingly
advances  or  profits from prostitution [that he or she knows or reason-
ably should know is or will be committed in violation of section  230.03
of  this  article]  in  a school zone during the hours that school is in
session.
  S 17. The opening paragraph and subdivisions 1 and 2 of section 230.25
of the penal law, the opening paragraph and subdivision 2 as amended  by
chapter  627 of the laws of 1978 and subdivision 1 as amended by chapter
74 of the laws of 2007, are amended to read as follows:
  A person is guilty of promoting prostitution in the third degree  when
he OR SHE knowingly:
  1.  Advances  or  profits  from prostitution by managing, supervising,
controlling or owning, either alone or in  association  with  others,  a
house of prostitution or a prostitution business or enterprise involving
prostitution  activity by two or more [prostitutes] PERSONS IN PROSTITU-
TION, or a business that sells travel-related services knowing that such
services include or are intended to facilitate travel for the purpose of
patronizing a [prostitute]  PERSON  FOR  PROSTITUTION,  including  to  a
foreign  jurisdiction  and regardless of the legality of prostitution in
said foreign jurisdiction; or
  2. PROFITS FROM PROSTITUTION BY ENGAGING, EITHER ALONE OR  IN  ASSOCI-
ATION  WITH OTHERS, IN A BUSINESS OR ENTERPRISE CONSISTING OF THE TRANS-
PORTING OF A PERSON OR PERSONS FOR THE PURPOSES OF PROSTITUTION; OR
  3. Advances or profits from prostitution of a person less  than  nine-
teen years old.
  S  18.  The  opening  paragraph of section 230.30 of the penal law, as
amended by chapter 627 of the laws  of  1978,  is  amended  to  read  as
follows:
  A person is guilty of promoting prostitution in the second degree when
he OR SHE knowingly:
  S  19. The first undesignated paragraph of section 230.32 of the penal
law, as added by chapter 627 of the laws of 1978, is amended to read  as
follows:
  A  person is guilty of promoting prostitution in the first degree when
he OR SHE knowingly advances or profits from prostitution  of  a  person
less than [eleven] THIRTEEN years old.

S. 2135                             6

  S  20. Section 230.33 of the penal law, as added by chapter 450 of the
laws of 2005, is amended to read as follows:
S 230.33 Compelling prostitution.
  A  person  is guilty of compelling prostitution when, being twenty-one
years [of age or older] OLD OR MORE, he or she knowingly advances  pros-
titution  by compelling a person less than [sixteen] EIGHTEEN years old,
by force or intimidation, to engage in prostitution.
  Compelling prostitution is a class B felony.
  S 21. Subdivision 1 and paragraph (h)  of  subdivision  5  of  section
230.34 of the penal law, as added by chapter 74 of the laws of 2007, are
amended and a new subdivision 6 is added to read as follows:
  1.  unlawfully providing to a person who is patronized, with intent to
impair said person's judgment: (a) a narcotic drug or a narcotic  prepa-
ration;  (b)  MARIJUANA OR concentrated cannabis as defined in paragraph
(a) of subdivision four of  section  thirty-three  hundred  two  of  the
public  health  law; (c) methadone; [or] (d) gamma-hydroxybutyrate (GHB)
or flunitrazepan, also known as  Rohypnol;  OR  (E)  METHYLENEDIOXYMETH-
AMPHETAMINE (MDMA), ALSO KNOWN AS ECSTASY;
  (h) perform any other act which would not in itself materially benefit
the  actor  but which is calculated to harm the person who is patronized
materially with respect to his or her  health,  safety,  or  immigration
status[.]; OR
  6.  KNOWINGLY  ADVANCING  PROSTITUTION  OF A PERSON LESS THAN EIGHTEEN
YEARS OLD.
  S 22. Section 230.35 of the penal law, as amended by  chapter  450  of
the laws of 2005, is amended to read as follows:
S 230.35 Promoting or compelling prostitution; accomplice.
  In  a  prosecution  for promoting prostitution or compelling prostitu-
tion, a person less than [seventeen] EIGHTEEN years [of  age]  OLD  from
whose  prostitution  activity another person is alleged to have advanced
or attempted to advance or profited or attempted to profit shall not  be
deemed to be an accomplice.
  S  23. The first undesignated paragraph of section 230.40 of the penal
law is amended to read as follows:
  A person is guilty of permitting prostitution when, having  possession
or  control  of premises OR VEHICLE which he OR SHE knows are being used
for prostitution purposes OR FOR THE PURPOSE OF ADVANCING  PROSTITUTION,
he OR SHE fails to make reasonable effort to halt or abate such use.
  S  24.  Subdivision  2 of section 240.37 of the penal law, as added by
chapter 344 of the laws of 1976, is amended, subdivision 3 is renumbered
subdivision 4 and a new subdivision 3 is added to read as follows:
  2. Any person who remains or wanders  about  in  a  public  place  and
repeatedly  beckons  to,  or repeatedly stops, or repeatedly attempts to
stop, or repeatedly attempts to engage passers-by  in  conversation,  or
repeatedly  stops  or  attempts  to  stop  motor vehicles, or repeatedly
interferes with the free passage of other persons, for  the  purpose  of
prostitution[,  or  of  patronizing  a prostitute as those terms are] AS
THAT TERM IS defined in article two hundred thirty of  [the  penal  law]
THIS  PART,  shall  be  guilty of a violation and is guilty of a class B
misdemeanor if such person has previously been convicted of a  violation
of  this  section  or  of  [sections] SECTION 230.00 [or 230.05] of [the
penal law] THIS PART.
  3. ANY PERSON WHO REMAINS OR WANDERS  ABOUT  IN  A  PUBLIC  PLACE  AND
REPEATEDLY  BECKONS  TO,  OR REPEATEDLY STOPS, OR REPEATEDLY ATTEMPTS TO
STOP, OR REPEATEDLY ATTEMPTS TO ENGAGE PASSERS-BY  IN  CONVERSATION,  OR
REPEATEDLY  STOPS  OR  ATTEMPTS  TO  STOP  MOTOR VEHICLES, OR REPEATEDLY

S. 2135                             7

INTERFERES WITH THE FREE PASSAGE OF OTHER PERSONS, FOR  THE  PURPOSE  OF
PATRONIZING  A  PERSON  FOR PROSTITUTION AS DEFINED IN SECTION 230.02 OF
THIS PART, SHALL BE GUILTY OF A VIOLATION AND IS GUILTY  OF  A  CLASS  B
MISDEMEANOR  IF SUCH PERSON HAS PREVIOUSLY BEEN CONVICTED OF A VIOLATION
OF THIS SECTION OR OF SECTION 230.04, 230.05, 230.06 OR 230.08  OF  THIS
PART.
  S  25. The section heading of section 170.15 of the criminal procedure
law, as amended by chapter 661 of the laws of 1972, is amended and a new
subdivision 5 is added to read as follows:
  Removal of action from [one local] criminal court to another COURT.
  5. (A) WHEN A DEFENDANT WHO  IS  LESS  THAN  EIGHTEEN  YEARS  OLD  AND
ALLEGED TO HAVE ENGAGED IN ANY ACT DEFINED IN SECTION 230.00 OR SUBDIVI-
SION  TWO  OF SECTION 240.37 OF THE PENAL LAW IS BROUGHT FOR ARRAIGNMENT
UPON AN INFORMATION, SIMPLIFIED  INFORMATION  OR  MISDEMEANOR  COMPLAINT
CHARGING SUCH OFFENSE, THE COURT MUST ORDER THE ACTION REMOVED TO FAMILY
COURT  FOR  FURTHER  PROCEEDINGS IN ACCORDANCE WITH ARTICLE SEVEN OF THE
FAMILY COURT ACT. THE ORDER OF REMOVAL  MUST  DIRECT  THAT  ALL  OF  THE
PLEADINGS  AND  PROCEEDINGS  IN  THE  ACTION, OR A CERTIFIED COPY OF THE
SAME, BE TRANSFERRED TO THE DESIGNATED FAMILY COURT AND BE DELIVERED  TO
AND  FILED  WITH  THE  CLERK  OF THAT COURT. THE PROCEDURES SET FORTH IN
SECTIONS 725.10, 725.15 AND 725.20 OF  THIS  CHAPTER  FOR  TRANSFER  AND
SEALING OF RECORDS SHALL APPLY TO THIS PROVISION WHENEVER APPLICABLE.
  (B)  THE  COURT  MUST  INFORM  THE  DEFENDANT  OF  THE AVAILABILITY OF
SERVICES UNDER SECTION 447-B OF THE SOCIAL SERVICES LAW.
  S 26. Subdivision 6 of section 380.50 of the criminal  procedure  law,
as  amended  by  chapter  320 of the laws of 2006, is amended to read as
follows:
  6. Regardless of whether the victim requests to make a statement  with
regard to the defendant's sentence, where the defendant is sentenced for
a violent felony offense as defined in section 70.02 of the penal law or
a  felony  defined in article one hundred twenty-five of such law or any
of the following  provisions  of  such  law:  sections  130.25,  130.30,
130.40, 130.45, 255.25, 255.26, 255.27, article two hundred sixty-three,
135.10,  135.25, 230.04, 230.05, 230.06, 230.08, 230.11, 230.12, 230.13,
subdivision two of section 230.30 or 230.32, the prosecutor shall, with-
in sixty days of the imposition of sentence, provide the victim  with  a
form  on  which  the  victim may indicate a demand to be informed of any
petition to change the name of such defendant.    Such  forms  shall  be
maintained by such prosecutor. Upon receipt of a notice of a petition to
change  the  name  of any such defendant, pursuant to subdivision two of
section sixty-two of the civil rights law, the prosecutor shall promptly
notify the victim at  the  most  current  address  or  telephone  number
provided  by  such  victim in the most reasonable and expedient possible
manner of the time and place such petition  will  be  presented  to  the
court.
  S  27.  The  opening  paragraph  of  paragraph (i) of subdivision 1 of
section 440.10 of the criminal procedure law, as added by chapter 332 of
the laws of 2010, is amended to read as follows:
  The judgment is a conviction where  the  arresting  charge  was  under
section  240.37 (loitering for the purpose of engaging in a prostitution
offense, provided that the defendant was not alleged to be loitering for
the purpose of patronizing a [prostitute]  PERSON  FOR  PROSTITUTION  or
promoting  prostitution)  or 230.00 (prostitution) of the penal law, and
the defendant's participation in the offense was a result of having been
a victim of sex trafficking under section 230.34 of  the  penal  law  or

S. 2135                             8

trafficking  in  persons  under  the  Trafficking Victims Protection Act
(United States Code, title 22, chapter 78); provided that
  S  28.  Paragraph (h) of subdivision 8 of section 700.05 of the crimi-
nal procedure law, as amended by chapter 154 of the  laws  of  1990,  is
amended to read as follows:
  (h)  Promoting prostitution in the first degree, as defined in section
230.32 of the penal law, promoting prostitution in the second degree, as
defined by subdivision one of section 230.30 of the penal law, PROMOTING
PROSTITUTION IN THE THIRD DEGREE, AS DEFINED IN SECTION  230.25  OF  THE
PENAL LAW;
  S 29. Subdivision (a) of section 483-cc of the social services law, as
added by chapter 74 of the laws of 2007, is amended to read as follows:
  (a)  As  soon as practicable after a first encounter with a person who
reasonably appears to a law enforcement agency [or a],  district  attor-
ney's  office,  OR  AN  ESTABLISHED PROVIDER OF SOCIAL OR LEGAL SERVICES
DESIGNATED BY THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE  OR  THE
OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE to be a human trafficking
victim,  that agency [or], office OR PROVIDER shall notify the office of
temporary and disability assistance and the division of criminal justice
services that such person may be eligible for services under this  arti-
cle.
  S  30.  Subdivision (p) of section 10.03 of the mental hygiene law, as
added by chapter 7 of the laws of 2007, is amended to read as follows:
  (p) "Sex offense" means an act or acts constituting:  (1)  any  felony
defined  in  article  one  hundred  thirty of the penal law, including a
sexually motivated felony; (2) patronizing  a  [prostitute]  PERSON  FOR
PROSTITUTION  in  the  first  degree as defined in section 230.06 of the
penal law, AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE  FIRST
DEGREE AS DEFINED IN SECTION 230.13 OF THE PENAL LAW, AGGRAVATED PATRON-
IZING  A  MINOR  FOR  PROSTITUTION  IN  THE  SECOND DEGREE AS DEFINED IN
SECTION 230.12 OF THE PENAL LAW,  AGGRAVATED  PATRONIZING  A  MINOR  FOR
PROSTITUTION  IN  THE  THIRD  DEGREE AS DEFINED IN SECTION 230.11 OF THE
PENAL LAW, incest in the second degree as defined in section  255.26  of
the  penal  law,  or  incest  in  the first degree as defined in section
255.27 of the penal law; (3) a felony attempt or  conspiracy  to  commit
any  of  the  foregoing offenses set forth in this subdivision; or (4) a
designated felony, as defined in subdivision (f)  of  this  section,  if
sexually  motivated  and  committed  prior to the effective date of this
article.
  S 31. Subparagraph (i) of paragraph (a) of subdivision  2  of  section
168-a  of  the  correction law, as amended by chapter 405 of the laws of
2008, is amended to read as follows:
  (i) a conviction of or a conviction for an attempt to  commit  any  of
the  provisions  of  sections  120.70,  130.20,  130.25, 130.30, 130.40,
130.45, 130.60, 230.34, 250.50, 255.25, 255.26 and 255.27 or article two
hundred sixty-three of the penal law, or section 135.05, 135.10,  135.20
or  135.25  of  such  law  relating to kidnapping offenses, provided the
victim of such kidnapping or related  offense  is  less  than  seventeen
years  old  and the offender is not the parent of the victim, or section
230.04, [where the person patronized is  in  fact  less  than  seventeen
years of age,] 230.05 [or], 230.06, 230.08, [or] 230.11, 230.12, 230.13,
subdivision  two of section 230.30, [or] section 230.32 [or], 230.33, OR
230.34 of the penal law, OR SECTION 230.25 OF THE PENAL  LAW  WHERE  THE
PERSON PROSTITUTED IS IN FACT LESS THAN SEVENTEEN YEARS OLD, or

S. 2135                             9

  S  32.  Paragraph  (b)  of  subdivision  1  of  section  168-d  of the
correction law, as amended by chapter 74 of the laws of 2007, is amended
to read as follows:
  (b)  Where a defendant stands convicted of an offense defined in para-
graph (b) of subdivision two of section  one  hundred  sixty-eight-a  of
this  article  or  where  the  defendant  was convicted of patronizing a
[prostitute] PERSON FOR PROSTITUTION in the third degree  under  section
230.04  of  the penal law OR OF PATRONIZING A PERSON FOR PROSTITUTION IN
THE SECOND DEGREE UNDER SECTION 230.05 OF THE PENAL LAW, OR OF PATRONIZ-
ING A PERSON FOR PROSTITUTION IN THE FIRST DEGREE UNDER  SECTION  230.06
OF  THE  PENAL  LAW,  OR  OF  PATRONIZING A PERSON FOR PROSTITUTION IN A
SCHOOL ZONE UNDER SECTION 230.08 OF THE  PENAL  LAW,  OR  OF  AGGRAVATED
PATRONIZING  A  MINOR FOR PROSTITUTION IN THE FIRST DEGREE AS DEFINED IN
SECTION 230.13 OF THE PENAL LAW, OR OF AGGRAVATED  PATRONIZING  A  MINOR
FOR  PROSTITUTION  IN  THE SECOND DEGREE AS DEFINED IN SECTION 230.12 OF
THE PENAL LAW, OR OF AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION  IN
THE  THIRD DEGREE AS DEFINED IN SECTION 230.11 OF THE PENAL LAW, and the
defendant controverts an allegation that the victim of such offense  was
less  than  eighteen years [of age or, in the case of a conviction under
section 230.04 of the penal law, less than seventeen years of age]  OLD,
the  court,  without a jury, shall, prior to sentencing, conduct a hear-
ing, and the people may prove by clear and convincing evidence that  the
victim  was less than eighteen years [of age] OLD or less than seventeen
years [of age] OLD, as applicable, by any evidence admissible under  the
rules applicable to a trial of the issue of guilt. The court in addition
to  such admissible evidence may also consider reliable hearsay evidence
submitted by either party provided that it is relevant to  the  determi-
nation  of the age of the victim. Facts concerning the age of the victim
proven at trial or ascertained at the time of entry of a plea of  guilty
shall  be  deemed established by clear and convincing evidence and shall
not be relitigated. At the conclusion of the hearing, or if the  defend-
ant does not controvert an allegation that the victim of the offense was
less  than  eighteen years [of age] OLD or less than seventeen years [of
age] OLD, as applicable, the court must make  a  finding  and  enter  an
order  setting  forth the age of the victim. If the court finds that the
victim of such offense was under eighteen years [of age]  OLD  or  under
seventeen years [of age] OLD, as applicable, the court shall certify the
defendant  as  a  sex  offender, the provisions of paragraph (a) of this
subdivision shall apply and the defendant shall register with the  divi-
sion in accordance with the provisions of this article.
  S  33. Paragraph (c) of subdivision 4 of section 509-cc of the vehicle
and traffic law, as amended by chapter 400  of  the  laws  of  2011,  is
amended to read as follows:
  (c)  The  offenses referred to in subparagraph (i) of paragraph (b) of
subdivision one and subparagraph (i) of paragraph (c) of subdivision two
of this section that result in disqualification for  a  period  of  five
years  shall include a conviction under sections 100.10, 105.13, 115.05,
120.03,  120.04,  120.04-a,  120.05,  120.10,  120.25,  121.12,  121.13,
125.40,  125.45, 130.20, 130.25, 130.52, 130.55, 135.10, 135.55, 140.17,
140.25, 140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06,  220.09,
220.16,  220.31, 220.34, 220.60, 220.65, 221.30, 221.50, 221.55, 230.00,
230.04, 230.05, 230.06, 230.08, 230.11, 230.12, 230.13, 230.19,  230.20,
235.05,  235.06, 235.07, 235.21, 240.06, 245.00, 260.10, subdivision two
of section 260.20 and sections 260.25, 265.02, 265.03,  265.08,  265.09,
265.10,  265.12,  265.35 of the penal law or an attempt to commit any of
the aforesaid offenses under section 110.00 of the  penal  law,  or  any

S. 2135                            10

similar  offenses  committed under a former section of the penal law, or
any offenses committed under a former section of  the  penal  law  which
would  constitute violations of the aforesaid sections of the penal law,
or  any  offenses  committed  outside  this state which would constitute
violations of the aforesaid sections of the penal law.
  S 34. Section 2324-a of the public health law, as amended  by  chapter
260 of the laws of 1978, is amended to read as follows:
  S  2324-a.  Presumptive evidence.  For the purposes of this title, two
or more convictions of any person or persons had, within a period of one
year, for any of the  offenses  described  in  section  230.00,  230.04,
230.05,  230.06,  230.08,  230.11,  230.12, 230.13, 230.20, 230.25 [or],
230.30 OR 230.32 of the penal law arising out of conduct engaged  in  at
the  same real property consisting of a dwelling as that term is defined
in subdivision four of section four of the multiple dwelling  law  shall
be  presumptive evidence of conduct constituting use of the premises for
purposes of prostitution.
  S 35. Subdivision 2 of section 715 of the real  property  actions  and
proceedings law, as added by chapter 494 of the laws of 1976, is amended
to read as follows:
  2. For purposes of this section, two or more convictions of any person
or  persons  had,  within  a period of one year, for any of the offenses
described in section 230.00, 230.04,  230.05,  230.06,  230.08,  230.11,
230.12,  230.13,  230.20,  230.25, 230.30, 230.32 or 230.40 of the penal
law arising out of conduct engaged in at the same real property consist-
ing of a dwelling as that term is defined in subdivision four of section
four of the multiple dwelling  law  shall  be  presumptive  evidence  of
conduct constituting use of the premises for purposes of prostitution.
  S  36.  Subdivision  3  of  section  231  of the real property law, as
amended by chapter 203 of the laws  of  1980,  is  amended  to  read  as
follows:
  3.  For  the  purposes of this section, two or more convictions of any
person or persons had, within a period of  one  year,  for  any  of  the
offenses  described  in  section 230.00, 230.04, 230.05, 230.06, 230.08,
230.11, 230.12, 230.13, 230.20, 230.25, 230.30, 230.32 or 230.40 of  the
penal  law  arising  out  of  conduct  engaged  in  at the same premises
consisting of a dwelling as that term is defined in subdivision four  of
section  four of the multiple dwelling law shall be presumptive evidence
of unlawful use of such premises and of  the  owners  knowledge  of  the
same.
  S  37.  This act shall take effect on the ninetieth day after it shall
have become a law.

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