senate Bill S5879

Amended

Enacts the trafficking victims protection and justice act

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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

  • 18 / Jun / 2013
    • REFERRED TO RULES
  • 21 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1588
  • 21 / Jun / 2013
    • PASSED SENATE
  • 21 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 21 / Jun / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO RULES
  • 10 / Mar / 2014
    • AMEND AND RECOMMIT TO RULES
  • 10 / Mar / 2014
    • PRINT NUMBER 5879A
  • 04 / Apr / 2014
    • AMEND AND RECOMMIT TO RULES
  • 04 / Apr / 2014
    • PRINT NUMBER 5879B
  • 12 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1365
  • 12 / Jun / 2014
    • PASSED SENATE
  • 12 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 12 / Jun / 2014
    • REFERRED TO CODES

Summary

Enacts the trafficking victims protection and justice act.

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Bill Details

See Assembly Version of this Bill:
A2240C
Versions:
S5879
S5879A
S5879B
Legislative Cycle:
2013-2014
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd Pen L, generally; amd §§700.05, 380.50 & 440.10, CP L; amd §§483-bb & 483-cc, Soc Serv L; amd §212, CPLR; amd §14, Chap 74 of 2007; amd §10.03, Ment Hyg L; amd §§168-a & 168-d, Cor L; amd §509-cc, add §510-d, V & T L; amd §2324-a, Pub Health L; amd §715, RPAP L; amd §231, RP L; amd §840, add §214-d, Exec L

Sponsor Memo

BILL NUMBER:S5879 REVISED 6/26/13

TITLE OF BILL: An act to amend the penal law, the criminal procedure
law, the social services law, the civil practice law and rules, the
mental hygiene law, the correction law, the vehicle and traffic law,
the public health law, the real property actions and proceedings law,
and the real property law, in relation to enacting the "trafficking
victims protection and justice act"; to amend the penal law, in
relation to prostitution in a school zone; to amend chapter 74 of the
laws of 2007 amending the penal law, the criminal procedure law, the
correction law, the social services law, and the executive law
relating to human trafficking, in relation to extending the
interagency task force on human trafficking for four years; and to
amend the executive law, in relation to human trafficking awareness

Purpose:

This bill would enact part of the New York Women's Agenda, which would
break down barriers that perpetuate discrimination and inequality
based on gender. New York State has a proud history and tradition of
leading the nation in progressive ideals and reforms This is
especially so with respect to women's rights in 1843, the women's
suffrage movement was born at the first Women's Rights Convention in
Seneca Falls, New York. From that moment in time and continuing
through today, the state has been the home of female leaders and
visionaries, from Elizabeth Cady Stanton who initiated the first
organized women's rights and women's suffrage movements, to Audre
Lorde, a leading African-American poet and essayist who gave voice to
women's issues, and Gloria Steinem, the journalist, author and
activist. These New Yorkers have served as role models for not only
their generation but for every generation to come.

Summary of Bills:

8) Human Trafficking

This bill would amend the Penal Law and several other provisions of
law to address - human trafficking. The Penal Law would be amended to:

*conform the ages of victims in certain prostitution offenses under
Article 230 to the ages of victims of rape offenses under Article 130;
*raise penalties for sex trafficking and labor trafficking, including
making significant violations of both crimes violent felonies, and
creating an aggravated labor trafficking crime;
*provide an affirmative defense for defendants being prosecuted under
prostitution and loitering statutes that the defendant's participation
was the result of being a victim of sex trafficking or compelling
prostitution;
*improve the school zone prostitution law by adding as a class E
felony the offense of patronizing a person for prostitution in a
school zone;
*eliminate the term "prostitute" and replace it with "person for
prostitution";
*add three new sections, 230.11, 230.12 and 230.13, to create three
new 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,
*provide that a person is guilty of promoting prostitution in the
second degree if he or she knowingly advances or profits from
prostitution of a person less than 18 years old, a class C felony;
*provide that a person is guilty of promoting prostitution in the
first degree if he or she knowingly advances or profits from
prostitution of a person less than 13 years old, or, being 21 years
old or more, knowingly advances or profits " from prostitution of a
person less than 15 years old, a class B felony; and
*make the crime of compelling prostitution a class B felony when a
defendant, who is 18 years old or more, knowingly advances
prostitution by compelling a person less than 18, by force or
intimidation, to engage in prostitution.

In addition, this bill would expand the porthole for the availability
of human trafficking victim services by providing that a victim of
human trafficking may, in addition to contacting law enforcement, also
contact an established provider of social or legal services designated
by the Office of Temporary and Disability Assistance (OTDA), the
Office for the Prevention of Domestic Violence (OPDV), or the Office
of Victim Services (OVS) to become eligible for services It would also
create a civil right of action for victims of trafficking and
compelling prostitution crimes to sue their perpetrators and others in
civil court for damages; extend the interagency taskforce on human
trafficking; and provide for the suspension and revocation of Class E
drivers licenses-the license required to drive passengers for hire-for
those who are convicted of certain trafficking crimes. Finally, this
bill would also require training for law enforcement.

Existing Law:

This bill would modify existing laws regarding sex and labor
trafficking and prostitution offenses, found in the Penal Law, the
Social Services Law, and several other provisions of law.

Statement in Support:

*Strengthening Human Trafficking Laws

Human trafficking is a crime that exploits vulnerable individuals. For
both sex and labor trafficking, victims are made to act against their
will and in many cases, are forced or coerced into committing crimes.
For victims of sex trafficking, who are almost always women, the crime
is often prostitution.

While New York has one of the most comprehensive anti-human
trafficking laws in the country, this bill would strengthen the
existing law to: (a) increase penalties for trafficking; (b)expand the
scope of certain promoting prostitution crimes and the crime of
compelling prostitution, (c) create an affirmative defense in
prostitution prosecutions that a defendant's participation was a
result of having been a trafficking victim, and (d) make it easier for
trafficking victims to receive services These amendments will deter
human trafficking, make prosecution and enforcement more effective,


and solidify New York's status as a leader among the states in
protecting vulnerable individuals subject to exploitation

Budget Implications:

This bill has no budget implications for the State.

Effective Date:

This bill would take effect 90 days after enactment.

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

                                  5879

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 18, 2013
                               ___________

Introduced  by  Sens.  LANZA, GALLIVAN, SAVINO, HANNON -- (at request of
  the Governor) -- read twice and ordered printed, and when  printed  to
  be committed to the Committee on Rules

AN  ACT  to  amend the penal law, the criminal procedure law, the social
  services law, the civil practice law and  rules,  the  mental  hygiene
  law,  the  correction  law,  the  vehicle  and traffic law, the public
  health law, the real property actions and  proceedings  law,  and  the
  real  property  law,  in relation to enacting the "trafficking victims
  protection and justice act"; to amend the penal law,  in  relation  to
  prostitution in a school zone; to amend chapter 74 of the laws of 2007
  amending  the  penal  law,  the criminal procedure law, the correction
  law, the social services law, and the executive law relating to  human
  trafficking,  in  relation  to extending the interagency task force on
  human trafficking for four years; and to amend the executive  law,  in
  relation to human trafficking awareness

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

  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12057-01-3

S. 5879                             2

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.
  S  3.  Paragraphs (a) and (c) of subdivision 1 of section 70.02 of the
penal law, paragraph (a) as amended by chapter 320 of the laws  of  2006
and  paragraph  (c)  as  amended  by  chapter 1 of the laws of 2013, are
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 PARAGRAPHS (A) AND (B) OF
SUBDIVISION FIVE OF 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.
  (c)  Class  D violent felony offenses: an attempt to commit any of the
class C felonies set forth in paragraph (b); reckless assault of a child
as defined in section 120.02, assault in the second degree as defined in
section 120.05, menacing a police officer or peace officer as defined in
section 120.18, stalking in the first degree, as defined in  subdivision
one  of section 120.60, strangulation in the second degree as defined in
section 121.12, rape in the second degree as defined in section  130.30,
criminal  sexual  act in the second degree as defined in section 130.45,
sexual abuse in the first degree as defined in section 130.65, course of
sexual conduct against a child  in  the  second  degree  as  defined  in
section  130.80,  aggravated sexual abuse in the third degree as defined
in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
substance  as defined in section 130.90, LABOR TRAFFICKING AS DEFINED IN
PARAGRAPHS (A) AND (B) OF SUBDIVISION THREE OF SECTION 135.35,  criminal
possession  of  a  weapon  in the third degree as defined in subdivision
five, six, seven, eight, nine or ten of section 265.02, criminal sale of
a firearm in the third degree as defined in section 265.11, intimidating
a victim or witness in the second degree as defined in  section  215.16,
soliciting  or  providing  support for an act of terrorism in the second

S. 5879                             3

degree as defined in section 490.10, and making a terroristic threat  as
defined  in  section  490.20, falsely reporting an incident in the first
degree as defined in section 240.60, placing a false bomb  or  hazardous
substance  in  the  first degree as defined in section 240.62, placing a
false bomb or hazardous substance in a sports  stadium  or  arena,  mass
transportation  facility or enclosed shopping mall as defined in section
240.63, and aggravated unpermitted use of  indoor  pyrotechnics  in  the
first degree as defined in section 405.18.
  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
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.  Section  135.35 of the penal law, as added by chapter 74 of the
laws of 2007, is amended to read as follows:
S 135.35 Labor trafficking.
  A person is guilty of labor  trafficking  if  he  or  she  compels  or
induces  another  to  engage  in labor or recruits, entices, harbors, or
transports such other person by means of intentionally:
  1. [unlawfully providing a controlled substance to  such  person  with
intent to impair said person's judgment;
  2.] requiring that the labor be performed to retire, repay, or service
a real or purported debt that the actor has caused by a systematic ongo-
ing course of conduct with intent to defraud such person;
  [3.]  2.  withholding,  destroying,  or  confiscating  any  actual  or
purported  passport,  immigration  document,  or  any  other  actual  or
purported  government  identification  document,  of another person with
intent to impair said person's freedom of movement;  provided,  however,
that  this subdivision shall not apply to an attempt to correct a social
security administration record or immigration agency record  in  accord-
ance  with  any  local, state, or federal agency requirement, where such
attempt is not made for the purpose of any express or implied threat;
  [4.] 3. using force or engaging in any  scheme,  plan  or  pattern  to
compel or induce such person to engage in or continue to engage in labor
activity  by  means  of  instilling  a  fear in such person that, if the
demand is not complied with, the actor or another will do one or more of
the following:
  (a) cause physical injury, serious physical  injury,  or  death  to  a
person; or
  (b) cause damage to property, other than the property of the actor; or
  (c)  engage  in other conduct constituting a felony or unlawful impri-
sonment in the second degree in violation  of  section  135.05  of  this
[chapter] ARTICLE; or

S. 5879                             4

  (d)  accuse some person of a crime or cause criminal charges or depor-
tation proceedings to  be  instituted  against  such  person;  provided,
however,  that  it  shall  be an affirmative defense to this subdivision
that the defendant reasonably believed the threatened charge to be  true
and  that  his or her sole purpose was to compel or induce the victim to
take reasonable action to make good the wrong which was the  subject  of
such threatened charge; or
  (e)  expose  a  secret  or publicize an asserted fact, whether true or
false, tending to subject some person to hatred, contempt  or  ridicule;
or
  (f)  testify  or provide information or withhold testimony or informa-
tion with respect to another's legal claim or defense; or
  (g) use or abuse his or her position as a public servant by performing
some act within or related to his or her official duties, or by  failing
or  refusing  to  perform  an official duty, in such manner as to affect
some person adversely.
  Labor trafficking is a class D felony.
  S 5-a. The penal law is amended by adding a new section 135.37 to read
as follows:
S 135.37 AGGRAVATED LABOR TRAFFICKING.
  A PERSON IS GUILTY OF  AGGRAVATED  LABOR  TRAFFICKING  IF  HE  OR  SHE
COMPELS  OR  INDUCES  ANOTHER  TO  ENGAGE IN LABOR OR RECRUITS, ENTICES,
HARBORS, OR TRANSPORTS SUCH OTHER PERSON TO ENGAGE IN LABOR BY MEANS  OF
INTENTIONALLY UNLAWFULLY PROVIDING A CONTROLLED SUBSTANCE TO SUCH PERSON
WITH INTENT TO IMPAIR SAID PERSON'S JUDGMENT.
  AGGRAVATED LABOR TRAFFICKING IS A CLASS C FELONY.
  S  5-b.  Paragraph (a) of subdivision 1 of section 460.10 of the penal
law, as amended by chapter 405 of the laws of 2010, is amended  to  read
as follows:
  (a)  Any  of  the felonies set forth in this chapter: sections 120.05,
120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat-
ing to strangulation; sections 125.10 to 125.27  relating  to  homicide;
sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and
135.25  relating  to  kidnapping;  [section]  SECTIONS 135.35 AND 135.37
relating to labor trafficking;  section  135.65  relating  to  coercion;
sections  140.20,  140.25  and  140.30  relating  to  burglary; sections
145.05, 145.10 and 145.12 relating to  criminal  mischief;  article  one
hundred  fifty  relating  to  arson; sections 155.30, 155.35, 155.40 and
155.42 relating to grand larceny; sections 177.10,  177.15,  177.20  and
177.25 relating to health care fraud; article one hundred sixty relating
to robbery; sections 165.45, 165.50, 165.52 and 165.54 relating to crim-
inal  possession of stolen property; sections 165.72 and 165.73 relating
to trademark counterfeiting; sections 170.10,  170.15,  170.25,  170.30,
170.40,  170.65 and 170.70 relating to forgery; sections 175.10, 175.25,
175.35, 175.40 and 210.40 relating to false statements; sections 176.15,
176.20, 176.25 and 176.30 relating to insurance fraud;  sections  178.20
and  178.25  relating  to criminal diversion of prescription medications
and prescriptions; sections  180.03,  180.08,  180.15,  180.25,  180.40,
180.45,  200.00, 200.03, 200.04, 200.10, 200.11, 200.12, 200.20, 200.22,
200.25, 200.27, 215.00, 215.05 and 215.19 relating to bribery;  sections
187.10,  187.15,  187.20  and  187.25  relating  to residential mortgage
fraud, sections 190.40 and 190.42 relating to  criminal  usury;  section
190.65 relating to schemes to defraud; sections 205.60 and 205.65 relat-
ing to hindering prosecution; sections 210.10, 210.15, and 215.51 relat-
ing  to  perjury and contempt; section 215.40 relating to tampering with
physical evidence; sections  220.06,  220.09,  220.16,  220.18,  220.21,

S. 5879                             5

220.31,  220.34,  220.39,  220.41,  220.43,  220.46,  220.55, 220.60 and
220.77 relating to controlled substances;  sections  225.10  and  225.20
relating  to  gambling;  sections 230.25, 230.30, and 230.32 relating to
promoting  prostitution;  section  230.34  relating  to sex trafficking;
sections 235.06,  235.07,  235.21  and  235.22  relating  to  obscenity;
sections 263.10 and 263.15 relating to promoting a sexual performance by
a child; sections 265.02, 265.03, 265.04, 265.11, 265.12, 265.13 and the
provisions  of  section  265.10  which  constitute  a felony relating to
firearms and other dangerous weapons; and  sections  265.14  and  265.16
relating  to  criminal  sale  of  a firearm; and section 275.10, 275.20,
275.30, or 275.40 relating  to  unauthorized  recordings;  and  sections
470.05, 470.10, 470.15 and 470.20 relating to money laundering; or
  S  5-c.  Paragraphs  (b) and (h) of subdivision 8 of section 700.05 of
the criminal procedure law, paragraph (b) as amended by chapter  405  of
the laws of 2010 and paragraph (h) as amended by chapter 154 of the laws
of 1990, are amended to read as follows:
  (b)  Any  of  the  following felonies: assault in the second degree as
defined in section 120.05 of the penal law, assault in the first  degree
as  defined in section 120.10 of the penal law, reckless endangerment in
the first degree as defined in section 120.25 of the penal law,  promot-
ing  a  suicide  attempt  as defined in section 120.30 of the penal law,
strangulation in the second degree as defined in section 121.12  of  the
penal  law,  strangulation  in  the  first  degree as defined in section
121.13 of the penal law, criminally negligent  homicide  as  defined  in
section  125.10  of  the penal law, manslaughter in the second degree as
defined in section 125.15 of the penal law, manslaughter  in  the  first
degree  as  defined  in  section  125.20 of the penal law, murder in the
second degree as defined in section 125.25 of the penal law,  murder  in
the first degree as defined in section 125.27 of the penal law, abortion
in  the  second  degree  as  defined in section 125.40 of the penal law,
abortion in the first degree as defined in section 125.45 of  the  penal
law,  rape in the third degree as defined in section 130.25 of the penal
law, rape in the second degree as defined in section 130.30 of the penal
law, rape in the first degree as defined in section 130.35 of the  penal
law,  criminal  sexual  act  in  the  third degree as defined in section
130.40 of the penal law, criminal sexual act in  the  second  degree  as
defined  in  section 130.45 of the penal law, criminal sexual act in the
first degree as defined in section 130.50 of the penal law, sexual abuse
in the first degree as defined in  section  130.65  of  the  penal  law,
unlawful  imprisonment  in the first degree as defined in section 135.10
of the penal law, kidnapping in the second degree as defined in  section
135.20  of  the  penal law, kidnapping in the first degree as defined in
section 135.25 of the penal law, labor trafficking as defined in section
135.35 of the penal law, AGGRAVATED  LABOR  TRAFFICKING  AS  DEFINED  IN
SECTION  135.37  OF  THE  PENAL LAW, custodial interference in the first
degree as defined in section 135.50 of the penal law,  coercion  in  the
first  degree  as  defined  in section 135.65 of the penal law, criminal
trespass in the first degree as defined in section 140.17 of  the  penal
law,  burglary  in  the third degree as defined in section 140.20 of the
penal law, burglary in the second degree as defined in section 140.25 of
the penal law, burglary in the first degree as defined in section 140.30
of the penal law, criminal mischief in the third degree  as  defined  in
section  145.05 of the penal law, criminal mischief in the second degree
as defined in section 145.10 of the penal law, criminal mischief in  the
first  degree  as  defined  in section 145.12 of the penal law, criminal
tampering in the first degree as defined in section 145.20 of the  penal

S. 5879                             6

law,  arson  in  the  fourth  degree as defined in section 150.05 of the
penal law, arson in the third degree as defined in section 150.10 of the
penal law, arson in the second degree as defined in  section  150.15  of
the penal law, arson in the first degree as defined in section 150.20 of
the  penal law, grand larceny in the fourth degree as defined in section
155.30 of the penal law, grand larceny in the third degree as defined in
section 155.35 of the penal law, grand larceny in the second  degree  as
defined  in  section 155.40 of the penal law, grand larceny in the first
degree as defined in section 155.42 of the penal law, health care  fraud
in  the  fourth  degree  as  defined in section 177.10 of the penal law,
health care fraud in the third degree as defined in  section  177.15  of
the  penal  law,  health  care  fraud in the second degree as defined in
section 177.20 of the penal law, health care fraud in the  first  degree
as  defined  in  section  177.25  of the penal law, robbery in the third
degree as defined in section 160.05 of the penal  law,  robbery  in  the
second  degree as defined in section 160.10 of the penal law, robbery in
the first degree as defined in section 160.15 of the penal law, unlawful
use of secret scientific material as defined in section  165.07  of  the
penal  law,  criminal possession of stolen property in the fourth degree
as defined in section 165.45 of the penal law,  criminal  possession  of
stolen  property in the third degree as defined in section 165.50 of the
penal law, criminal possession of stolen property in the  second  degree
as  defined  by  section 165.52 of the penal law, criminal possession of
stolen property in the first degree as defined by section 165.54 of  the
penal  law,  trademark counterfeiting in the second degree as defined in
section 165.72 of the penal law, trademark counterfeiting in  the  first
degree  as  defined  in  section 165.73 of the penal law, forgery in the
second degree as defined in section 170.10 of the penal law, forgery  in
the first degree as defined in section 170.15 of the penal law, criminal
possession  of  a  forged  instrument in the second degree as defined in
section 170.25 of the penal law, criminal possession of a forged instru-
ment in the first degree as defined in section 170.30 of the penal  law,
criminal  possession  of forgery devices as defined in section 170.40 of
the penal law, falsifying  business  records  in  the  first  degree  as
defined  in  section  175.10  of  the  penal  law, tampering with public
records in the first degree as defined in section 175.25  of  the  penal
law,  offering  a  false  instrument  for  filing in the first degree as
defined in section 175.35 of the penal law, issuing a false  certificate
as  defined  in  section  175.40 of the penal law, criminal diversion of
prescription medications and  prescriptions  in  the  second  degree  as
defined  in  section  178.20  of  the  penal  law, criminal diversion of
prescription medications  and  prescriptions  in  the  first  degree  as
defined  in  section 178.25 of the penal law, residential mortgage fraud
in the fourth degree as defined in section  187.10  of  the  penal  law,
residential  mortgage  fraud  in  the third degree as defined in section
187.15 of the penal law, residential mortgage fraud in the second degree
as defined in section 187.20 of  the  penal  law,  residential  mortgage
fraud in the first degree as defined in section 187.25 of the penal law,
escape  in  the  second degree as defined in section 205.10 of the penal
law, escape in the first degree as defined  in  section  205.15  of  the
penal  law,  absconding  from  temporary  release in the first degree as
defined in section 205.17 of the penal law, promoting prison  contraband
in  the  first  degree  as  defined  in section 205.25 of the penal law,
hindering prosecution in the second degree as defined in section  205.60
of  the  penal law, hindering prosecution in the first degree as defined
in section 205.65 of the  penal  law,  sex  trafficking  as  defined  in

S. 5879                             7

section  230.34 of the penal law, criminal possession of a weapon in the
third degree as defined in subdivisions two, three and five  of  section
265.02  of  the penal law, criminal possession of a weapon in the second
degree  as  defined  in  section  265.03  of  the  penal  law,  criminal
possession of a weapon in the first degree as defined in section  265.04
of  the penal law, manufacture, transport, disposition and defacement of
weapons and dangerous instruments and appliances defined as felonies  in
subdivisions  one,  two,  and  three of section 265.10 of the penal law,
sections 265.11, 265.12 and 265.13 of the penal law, or  prohibited  use
of  weapons as defined in subdivision two of section 265.35 of the penal
law, relating to firearms and other dangerous  weapons,  or  failure  to
disclose  the  origin  of  a recording in the first degree as defined in
section 275.40 of the penal law;
  (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 6. The penal law is amended by adding a new section 230.01  to  read
as follows:
S 230.01 PROSTITUTION; AFFIRMATIVE DEFENSE.
  IN ANY PROSECUTION UNDER SECTION 230.00, SECTION 230.03 OR SUBDIVISION
TWO  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 VICTIM OF COMPELLING PROSTITUTION UNDER SECTION 230.33,  A  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 230.04 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.

S. 5879                             8

  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  10. 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.
  Patronizing  a  [prostitute]  PERSON  FOR  PROSTITUTION  in the second
degree is a class E felony.
  S 11. 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 11-a. Section 230.07 of the penal law, as amended by chapter  74  of
the laws of 2007, is amended to read as follows:
S 230.07 Patronizing a [prostitute] PERSON FOR PROSTITUTION; defense.
  In any prosecution for patronizing a [prostitute] PERSON FOR PROSTITU-
TION  in the first or second degrees OR PATRONIZING A PERSON FOR PROSTI-
TUTION IN A SCHOOL ZONE, it is a defense that the defendant did not have
reasonable grounds to believe that the person  was  less  than  the  age
specified.
  S  12. The penal law is amended by adding a new section 230.08 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,  BEING  TWENTY-ONE  YEARS OF AGE OR OLDER, HE OR SHE
PATRONIZES A PERSON FOR PROSTITUTION AND THE PERSON PATRONIZED  IS  LESS
THAN  EIGHTEEN  YEARS OF AGE AT A PLACE THAT HE OR SHE KNOWS, OR REASON-
ABLY SHOULD KNOW, IS IN A SCHOOL ZONE.
  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 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. 5879                             9

  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 SEVENTEEN YEARS OLD AND THE PERSON GUILTY OF PATRONIZING ENGAGES IN
SEXUAL  INTERCOURSE, ORAL SEXUAL CONDUCT, ANAL SEXUAL CONDUCT, OR AGGRA-
VATED SEXUAL CONDUCT AS THOSE TERMS ARE DEFINED  IN  SECTION  130.00  OF
THIS PART.
  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  AS  THOSE TERMS ARE DEFINED IN SECTION 130.00 OF
THIS PART.
  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, OR BEING  EIGH-
TEEN  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  AS  THOSE
TERMS ARE DEFINED IN SECTION 130.00 OF THIS PART.
  AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE FIRST DEGREE IS
A CLASS B FELONY.
  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

S. 5879                            10

advances or profits from prostitution that he or she knows or reasonably
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 subdivision 1 of section 230.25 of the
penal  law,  the opening paragraph 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
  S  18.  Section  230.30 of the penal law, as amended by chapter 627 of
the laws of 1978, is amended to read as follows:
S 230.30 Promoting prostitution in the second degree.
  A person is guilty of promoting prostitution in the second degree when
he OR SHE knowingly:
  1. Advances prostitution by compelling a person  by  force  or  intim-
idation to engage in prostitution, or profits from such coercive conduct
by another; or
  2.  Advances  or  profits  from  prostitution  of  a  person less than
[sixteen] EIGHTEEN years old.
  Promoting prostitution in the second degree is a class C felony.
  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:
  1.  knowingly  advances  or profits from prostitution of a person less
than [eleven] THIRTEEN years old; OR
  2. BEING TWENTY-ONE YEARS OLD OR MORE, HE OR SHE KNOWINGLY ADVANCES OR
PROFITS FROM PROSTITUTION OF A PERSON LESS THAN FIFTEEN YEARS OF AGE.
  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]
EIGHTEEN  years  [of  age  or  older]  OLD  OR MORE, he or she knowingly
advances prostitution by compelling a person less than  [sixteen]  EIGH-
TEEN years old, by force or intimidation, to engage in prostitution.
  Compelling prostitution is a class B felony.
  S 21. Intentionally omitted.
  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. 5879                            11

  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, and subdivision 3 is renum-
bered 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
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. 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, 230.05, 230.06,  230.11,  230.12,  230.13,  subdivision  two  of
section 230.30 or 230.32, the prosecutor shall, within 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 26. 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:
  (i) 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

S. 5879                            12

the purpose of patronizing a prostitute or  promoting  prostitution)  or
230.00  (prostitution)  OR  230.03 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, LABOR TRAFFICKING
UNDER SECTION 135.35 OF THE  PENAL  LAW,  AGGRAVATED  LABOR  TRAFFICKING
UNDER  SECTION  135.37  OF  THE PENAL LAW, COMPELLING PROSTITUTION UNDER
SECTION 230.33 OF THE PENAL LAW, or trafficking  in  persons  under  the
Trafficking  Victims Protection Act (United States Code, title 22, chap-
ter 78); provided that
  (i) a motion under this paragraph shall be made  with  due  diligence,
after  the  defendant  has  ceased to be a victim of such trafficking OR
COMPELLING PROSTITUTION CRIME or has sought services for victims of such
trafficking OR COMPELLING  PROSTITUTION  CRIME,  subject  to  reasonable
concerns  for the safety of the defendant, family members of the defend-
ant, or other victims of such  trafficking  OR  COMPELLING  PROSTITUTION
CRIME  that  may  be  jeopardized by the bringing of such motion, or for
other reasons consistent with the purpose of this paragraph; and
  (ii) official documentation of the defendant's status as a  victim  of
[sex]  trafficking, COMPELLING PROSTITUTION or trafficking in persons at
the time of the offense from a federal, state or local government agency
shall create a presumption that the  defendant's  participation  in  the
offense was a result of having been a victim of sex trafficking, COMPEL-
LING  PROSTITUTION  or trafficking in persons, but shall not be required
for granting a motion under this paragraph.
  S 27. Intentionally omitted.
  S 28. Section 483-bb of the social services law is amended by adding a
new subdivision (c) to read as follows:
  (C) AN INDIVIDUAL WHO IS A VICTIM OF THE CONDUCT PROHIBITED BY SECTION
230.33, 230.34, 135.35 OR 135.37 OF THE PENAL  LAW  MAY  BRING  A  CIVIL
ACTION  AGAINST THE PERPETRATOR OR WHOEVER KNOWINGLY ADVANCES OR PROFITS
FROM, OR WHOEVER SHOULD HAVE KNOWN HE OR SHE WAS ADVANCING OR  PROFITING
FROM, AN ACT IN VIOLATION OF SECTION 230.33, 230.34, 135.35 OR 135.37 OF
THE PENAL LAW TO RECOVER DAMAGES AND REASONABLE ATTORNEY'S FEES.
  S  29.  Section  212 of the civil practice law and rules is amended by
adding a new subdivision (e) to read as follows:
  (E) BY A VICTIM OF SEX TRAFFICKING, COMPELLING PROSTITUTION, OR  LABOR
TRAFFICKING.  AN ACTION BY A VICTIM OF SEX TRAFFICKING, COMPELLING PROS-
TITUTION, LABOR TRAFFICKING OR  AGGRAVATED  LABOR  TRAFFICKING,  BROUGHT
PURSUANT  TO  SUBDIVISION (C) OF SECTION FOUR HUNDRED EIGHTY-THREE-BB OF
THE SOCIAL SERVICES LAW, MAY BE COMMENCED WITHIN TEN  YEARS  AFTER  SUCH
VICTIMIZATION  OCCURS PROVIDED, HOWEVER, THAT SUCH TEN YEAR PERIOD SHALL
NOT BEGIN TO RUN AND SHALL BE TOLLED DURING  ANY  PERIOD  IN  WHICH  THE
VICTIM IS OR REMAINS SUBJECT TO SUCH CONDUCT.
  S 30. 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 AND DISABILITY  ASSISTANCE  OR
THE  OFFICE  FOR  THE  PREVENTION  OF DOMESTIC VIOLENCE OR THE OFFICE OF
VICTIM SERVICES to be a human trafficking victim, that [agency  or]  LAW
ENFORCEMENT AGENCY OR DISTRICT ATTORNEY'S office 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  article  OR,  IN  THE CASE OF AN ESTABLISHED PROVIDER OF SOCIAL OR
LEGAL SERVICES, SHALL NOTIFY THE  OFFICE  OF  TEMPORARY  AND  DISABILITY

S. 5879                            13

ASSISTANCE  AND THE DIVISION OF CRIMINAL JUSTICE SERVICES IF SUCH VICTIM
CONSENTS TO SEEKING SERVICES PURSUANT TO THIS ARTICLE.
  S 31. Intentionally omitted.
  S 32. Section 14 of 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, as amended by
chapter 24 of the laws of 2011, is amended to read as follows:
  S 14.   This act shall take effect  on  the  first  of  November  next
succeeding  the  date on which it shall have become a law; provided that
section 483-ee of the social services law, as added by section eleven of
this act, shall take effect immediately and shall remain in  full  force
and  effect  until  September  1,  [2013]  2017  when upon such date the
provisions  of  such  section  shall  expire  and  be  deemed  repealed.
Provided,  effective  immediately, the addition, amendment and/or repeal
of any rule or regulation necessary for the timely implementation of the
provisions of article 10-D of the  social  services  law,  as  added  by
section  eleven  of this act, on its effective date are authorized to be
made on or before such effective date.
  S 33. 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  34.  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, [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 PROS-
TITUTED IS IN FACT LESS THAN SEVENTEEN YEARS OLD, or
  S  35.  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

S. 5879                            14

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 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, the court, without a jury, shall, prior to
sentencing, conduct a hearing, 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 determination  of  the  age  of  the
victim. Facts concerning the age of the victim proven at trial or ascer-
tained  at  the time of entry of a plea of guilty shall be deemed estab-
lished by clear and convincing evidence and shall not be relitigated. At
the conclusion of the hearing, or if the defendant 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  appli-
cable,  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 division  in  accordance
with the provisions of this article.
  S  36. 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,
230.05, 230.06, 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 afor-
esaid  offenses  under  section  110.00 of the penal law, or any 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 36-a. The vehicle and traffic law is amended by adding a new section
510-d to read as follows:
  S  510-D. SUSPENSION AND REVOCATION OF CLASS E DRIVER'S LICENSES. 1. A
CLASS E DRIVER'S LICENSE SHALL BE SUSPENDED BY THE  COMMISSIONER  FOR  A
PERIOD  OF  ONE  YEAR  WHERE  THE  HOLDER IS CONVICTED OF A VIOLATION OF
SECTION 230.20, 230.25, 230.30, 230.32, 230.34 OR 230.40  OF  THE  PENAL
LAW AND THE HOLDER USED A FOR HIRE MOTOR VEHICLE TO COMMIT SUCH CRIME.
  2.  A CLASS E DRIVER'S LICENSE MAY BE REVOKED BY THE COMMISSIONER WHEN
THE HOLDER, WHO HAD HIS OR HER DRIVER'S LICENSE SUSPENDED UNDER SUBDIVI-

S. 5879                            15

SION ONE OF THIS SECTION WITHIN THE LAST TEN YEARS, IS  CONVICTED  OF  A
SECOND  VIOLATION  OF  SECTION 230.20, 230.25, 230.30, 230.32, 230.34 OR
230.40 OF THE PENAL LAW AND THE HOLDER USED A FOR HIRE MOTOR VEHICLE  TO
COMMIT SUCH CRIME.
  3.  ANY  REVOCATION OR SUSPENSION OF A CLASS E DRIVER'S LICENSE ISSUED
PURSUANT TO THIS ARTICLE SHALL BE APPLICABLE ONLY TO THAT PORTION OF THE
HOLDER'S DRIVER'S LICENSE OR PRIVILEGE WHICH PERMITS THE OPERATION OF  A
MOTOR  VEHICLE  TRANSPORTING  PASSENGERS  FOR HIRE, AND THE COMMISSIONER
SHALL IMMEDIATELY ISSUE  A  LICENSE,  OTHER  THAN  A  CLASS  E  DRIVER'S
LICENSE, TO SUCH PERSON, PROVIDED THAT SUCH PERSON IS OTHERWISE ELIGIBLE
TO  RECEIVE  SUCH LICENSE AND FURTHER PROVIDED THAT ISSUING A LICENSE TO
SUCH PERSON DOES NOT CREATE A SUBSTANTIAL TRAFFIC SAFETY HAZARD.
  4. THE PROVISIONS OF THIS SECTION SHALL NOT BE  CONSTRUED  TO  PREVENT
ANY PERSON WHO HAS THE AUTHORITY TO SUSPEND OR REVOKE A LICENSE TO DRIVE
OR  PRIVILEGE  OF OPERATING PURSUANT TO SECTION FIVE HUNDRED TEN OF THIS
ARTICLE FROM EXERCISING ANY SUCH AUTHORITY.
  S 37. 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,  230.05,
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 subdi-
vision  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  38.  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,  230.05, 230.06, 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 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  39.  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, 230.05, 230.06, 230.11, 230.12,
230.13, 230.20, 230.25, 230.30, 230.32 or 230.40 of the penal law  aris-
ing  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 40. Subdivision 3 of section 840 of the executive law is amended  by
adding a new paragraph (f-1) to read as follows:
  (F-1)  DEVELOP,  MAINTAIN  AND  DISSEMINATE,  IN CONSULTATION WITH THE
OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE AND THE DIVISION OF CRIMI-
NAL JUSTICE SERVICES, WRITTEN POLICIES AND  PROCEDURES  REGARDING  HUMAN
TRAFFICKING VICTIMS. SUCH POLICIES AND PROCEDURES SHALL INCLUDE, BUT NOT
BE LIMITED TO THE FOLLOWING: (1) THE IDENTIFICATION OF POTENTIAL VICTIMS

S. 5879                            16

OF   HUMAN   TRAFFICKING,   AS   DEFINED   UNDER  SECTION  FOUR  HUNDRED
EIGHTY-THREE-AA OF THE SOCIAL SERVICES LAW; AND (2)  INFORMATION  AND/OR
REFERRAL  TO  APPROPRIATE SOCIAL AND LEGAL SERVICES FOR VICTIMS OF HUMAN
TRAFFICKING  IN  ACCORDANCE WITH SECTION FOUR HUNDRED EIGHTY-THREE-BB OF
THE SOCIAL SERVICES LAW;
  S 41. The executive law is amended by adding a new  section  214-d  to
read as follows:
  S 214-D. HUMAN TRAFFICKING AWARENESS. THE SUPERINTENDENT, IN CONSULTA-
TION  WITH  THE  OFFICE  OF  TEMPORARY AND DISABILITY ASSISTANCE AND THE
DIVISION OF CRIMINAL JUSTICE SERVICES, SHALL: (1) DEVELOP, MAINTAIN  AND
DISSEMINATE TO ALL MEMBERS OF THE STATE POLICE, INCLUDING NEW AND VETER-
AN  OFFICERS,  WRITTEN  POLICIES,  PROCEDURES  AND EDUCATIONAL MATERIALS
RELATING TO HUMAN TRAFFICKING VICTIMS, INCLUDING SERVICES AVAILABLE  FOR
VICTIMS  OF  HUMAN  TRAFFICKING,  AS  REFERENCED IN SECTION FOUR HUNDRED
EIGHTY-THREE-BB OF THE SOCIAL SERVICES LAW; AND (2) ESTABLISH AND IMPLE-
MENT WRITTEN PROCEDURES AND POLICIES IN THE EVENT A MEMBER OF THE  DIVI-
SION OF STATE POLICE ENCOUNTERS AN INDIVIDUAL BELIEVED TO BE A VICTIM OF
HUMAN  TRAFFICKING,  WHICH  SHALL  INCLUDE,  BUT  NOT BE LIMITED TO, THE
PROVISION OF INFORMATION AND/OR REFERRAL TO AN APPROPRIATE  PROVIDER  OF
SOCIAL  AND  LEGAL  SERVICES TO HUMAN TRAFFICKING VICTIMS, IN ACCORDANCE
WITH SUCH SECTION FOUR HUNDRED EIGHTY-THREE-BB.
  S 42. Severability clause. If any clause, sentence, paragraph,  subdi-
vision,  section  or  part  of  this act shall be adjudged by a court of
competent jurisdiction to be invalid, such judgment  shall  not  affect,
impair or invalidate the remainder thereof, but shall be confined in its
operation  to  the  clause, sentence, paragraph, subdivision, section or
part thereof directly involved in the controversy in which such judgment
shall have been rendered. It is hereby declared to be the intent of  the
legislature  that  this act would have been enacted even if such invalid
provisions had not been included herein.
  S 43. This act shall take effect on the ninetieth day after  it  shall
have become a law.

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