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

                                  7076

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             April 11, 2011
                               ___________

Introduced by M. of A. SCARBOROUGH, GABRYSZAK, SCHIMEL, DINOWITZ, GLICK,
  PAULIN,  COOK, O'DONNELL, GOTTFRIED, ROSENTHAL, JAFFEE, ORTIZ, LENTOL,
  CLARK, PHEFFER, ROBINSON, BARRON, GUNTHER,  CASTRO,  MILLMAN,  TITONE,
  TITUS, MAGEE -- Multi-Sponsored by -- M. of A. AUBRY, BURLING, CAMARA,
  GIGLIO, LUPARDO, McENENY, MENG, PEOPLES-STOKES, SAYWARD, TOWNS -- read
  once and referred to the Committee on Children and Families

AN  ACT to amend the family court act, in relation to sexually exploited
  children

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

  Section 1. Paragraphs (d) and (e) of subdivision 4 of section 305.2 of
the  family  court act, as added by section 3 of part G of chapter 58 of
the laws of 2010, are amended to read as follows:
  (d) take the child who such officer has decided to take  into  custody
in  accordance  with  this  section  or  section  305.1 of this part for
violating the provisions of section 230.00 OR 240.37 of the  penal  law,
to  an  available short-term safe house as defined in subdivision two of
section four hundred forty-seven-a of the social services law; or
  (e) take [the] A child[, if it] WHO appears [that such] TO BE A  SEXU-
ALLY EXPLOITED child [is a sexually exploited child] as defined in para-
graph  (a), (c) or (d) of subdivision one of section four hundred forty-
seven-a of the social services law[,] to an  available  short-term  safe
house  AS  DEFINED IN SUBDIVISION TWO OF SECTION FOUR HUNDRED FORTY-SEV-
EN-A OF THE SOCIAL SERVICES LAW, but only if the child  consents  to  be
taken.
  S  2.  Subdivision  3  of  section  311.4  of the family court act, as
amended by section 4 of part G of chapter 58 of the  laws  of  2010,  is
amended to read as follows:
  3.  In  any  proceeding under this article based upon an arrest for an
act of prostitution OR WHERE IT APPEARS THAT THE RESPONDENT  ENGAGED  IN
LOITERING  FOR  THE PURPOSE OF ENGAGING IN A PROSTITUTION OFFENSE, there

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10357-01-1
              

A. 7076                             2

is a presumption that the respondent meets the criteria as a victim of a
severe form of trafficking as defined in section 7105 of title 22 of the
United States Code (Trafficking Victims Protection Act  of  2000).  Upon
the  motion  of  the  respondent, without the consent of the presentment
agency, a petition alleging that the respondent is  in  need  of  super-
vision  shall  be substituted for the delinquency petition. If, however,
the respondent WAS NOT INTIMIDATED, FORCED, THREATENED OR  COERCED  INTO
ENGAGING  IN PROSTITUTION OR LOITERING FOR THE PURPOSES OF ENGAGING IN A
PROSTITUTION OFFENSE, OR has been previously adjudicated as  a  juvenile
delinquent under this article for an act which would be a crime pursuant
to article two hundred thirty of the penal law, if the respondent was an
adult,  OR  HAS  BEEN PREVIOUSLY ADJUDICATED UNDER SECTION SEVEN HUNDRED
FIFTY-TWO OF THIS CHAPTER AND  PLACED  WITH  A  COMMISSIONER  OF  SOCIAL
SERVICES  PURSUANT TO SUBDIVISION (A) OF SECTION SEVEN HUNDRED FIFTY-SIX
OF THIS CHAPTER, or expresses a current unwillingness to cooperate  with
specialized  services  for sexually exploited youth, continuing with the
delinquency proceeding shall  be  within  the  court's  discretion.  The
necessary findings of fact to support the continuation of the delinquen-
cy  proceeding  shall  be  reduced to writing and made part of the court
record. If, subsequent to issuance of a substitution  order  under  this
subdivision  and  prior to the conclusion of the fact finding hearing on
the petition alleging that the respondent is a person in need of  super-
vision,  the  respondent  is not in substantial compliance with a lawful
order of the court, the court may, in  its  discretion,  substitute  the
original  petition alleging that the respondent is a juvenile delinquent
for the petition alleging that the respondent is in need of supervision.
  S 3. This act shall take effect on the thirtieth day  after  it  shall
have become a law.