assembly Bill A9804

2011-2012 Legislative Session

Makes various provisions relating to prostitution offenses; repealer

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Archive: Last Bill Status - In Committee


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

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Apr 10, 2012 referred to codes

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A9804 - Bill Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Rpld §230.07, amd Pen L, generally; amd §§170.15, 380.50, 440.10 & 700.05, CP L; amd §483-cc, Soc Serv L; amd §10.03, Ment Hyg L; amd §§168-a & 168-d, Cor L; amd §995, Exec L; amd §509-cc, V & T L; amd §2324-a, Pub Health L; amd §715, RPAP L; amd §231, RP L

A9804 - Bill Texts

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Establishes the "trafficking victims protection and justice act"; makes various provisions relating to prostitution offenses; creates crimes of aggravated patronizing a minor for prostitution.

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

                                  9804

                          I N  A S S E M B L Y

                             April 10, 2012
                               ___________

Introduced  by  M. of A. PAULIN, DINOWITZ, SCARBOROUGH, ROSENTHAL, COOK,
  LANCMAN,  LAVINE,  ZEBROWSKI,  ABBATE,  CUSICK,  ENGLEBRIGHT,   GALEF,
  GIBSON,  GUNTHER,  JAFFEE,  MAGNARELLI, MARKEY, MILLMAN, MOYA, REILLY,
  ROBERTS, WEISENBERG -- Multi-Sponsored by -- M. of A. BOYLAND, COLTON,
  JACOBS, McENENY, NOLAN, THIELE  --  read  once  and  referred  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  execu-
  tive 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

  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.
                                                           LBD00832-11-2

A. 9804                             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

A. 9804                             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.

A. 9804                             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.

A. 9804                             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.

A. 9804                             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

A. 9804                             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

A. 9804                             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

A. 9804                             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 (d) of subdivision 7 of section 995 of the executive
law, as amended by chapter 2 of the laws of 2006, is amended to read  as
follows:
  (d)  any  of  the following felonies, or an attempt thereof where such
attempt is a felony offense:
  aggravated assault upon a  person  less  than  eleven  years  old,  as
defined  in  section  120.12  of  the  penal  law; menacing in the first
degree, as defined in section 120.13 of the penal law;  reckless  endan-
germent  in  the first degree, as defined in section 120.25 of the penal
law; stalking in the second degree, as defined in section 120.55 of  the
penal  law;  criminally negligent homicide, as defined in section 125.10
of the penal law;  vehicular  manslaughter  in  the  second  degree,  as
defined  in  section  125.12 of the penal law; vehicular manslaughter in
the first degree, as  defined  in  section  125.13  of  the  penal  law;
persistent  sexual abuse, as defined in section 130.53 of the penal law;
aggravated sexual abuse in the fourth  degree,  as  defined  in  section

A. 9804                            10

130.65-a  of  the  penal  law;  female genital mutilation, as defined in
section 130.85 of the penal law;  facilitating  a  sex  offense  with  a
controlled  substance,  as  defined  in section 130.90 of the penal law;
unlawful  imprisonment in the first degree, as defined in section 135.10
of the penal law; custodial interference in the first degree, as defined
in section 135.50 of the penal  law;  criminal  trespass  in  the  first
degree,  as defined in section 140.17 of the penal law; criminal tamper-
ing in the first degree, as defined in section 145.20 of the penal  law;
tampering  with  a  consumer  product in the first degree, as defined in
section 145.45 of the penal law; robbery in the third degree as  defined
in section 160.05 of the penal law; identity theft in the second degree,
as  defined  in  section  190.79 of the penal law; identity theft in the
first degree, as defined in section 190.80 of the penal  law;  promoting
prison  contraband  in the first degree, as defined in section 205.25 of
the penal law; tampering with a witness in the third degree, as  defined
in  section  215.11  of  the  penal law; tampering with a witness in the
second degree, as defined in section 215.12 of the penal law;  tampering
with  a witness in the first degree, as defined in section 215.13 of the
penal law; criminal contempt in the first degree, as defined in subdivi-
sions (b), (c) and (d) of section 215.51 of the  penal  law;  aggravated
criminal  contempt,  as defined in section 215.52 of the penal law; bail
jumping in the second degree, as defined in section 215.56 of the  penal
law;  bail  jumping in the first degree, as defined in section 215.57 of
the penal law; patronizing a [prostitute] PERSON FOR PROSTITUTION in the
second degree, as defined in section 230.05 of the penal law;  patroniz-
ing  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 PATRONIZING A MINOR FOR PROSTITUTION IN THE
SECOND DEGREE AS DEFINED IN SECTION 230.12 OF THE PENAL  LAW;  promoting
prostitution  in  the second degree, as defined in section 230.30 of the
penal law; promoting prostitution in the first  degree,  as  defined  in
section  230.32 of the penal law; compelling prostitution, as defined in
section 230.33 of the  penal  law;  disseminating  indecent  [materials]
MATERIAL to minors in the second degree, as defined in section 235.21 of
the  penal law; disseminating indecent [materials] MATERIAL to minors in
the first degree, as defined in section 235.22 of the penal law; riot in
the first degree, as defined in section 240.06 of the penal law;  crimi-
nal  anarchy,  as defined in section 240.15 of the penal law; aggravated
harassment of an employee by an inmate, as defined in section 240.32  of
the penal law; unlawful surveillance in the second degree, as defined in
section  250.45  of  the  penal  law; unlawful surveillance in the first
degree, as defined in section 250.50 of the penal law;  endangering  the
welfare  of a vulnerable elderly person, OR AN INCOMPETENT OR PHYSICALLY
DISABLED PERSON in the second degree, as defined in  section  260.32  of
the  penal  law; endangering the welfare of a vulnerable elderly person,
OR AN INCOMPETENT OR PHYSICALLY DISABLED PERSON in the first degree,  as
defined  in  section 260.34 of the penal law; use of a child in a sexual
performance, as defined in section 263.05 of the penal law; promoting an
obscene sexual performance by a child, as defined in section  263.10  of
the  penal  law; possessing an obscene sexual performance by a child, as
defined in section 263.11 of the penal law; promoting a sexual  perform-
ance by a child, as defined in section 263.15 of the penal law; possess-
ing a sexual performance by a child, as defined in section 263.16 of the
penal  law;  criminal  possession  of  a  weapon in the third degree, as
defined in section 265.02 of the penal law; criminal sale of  a  firearm

A. 9804                            11

in  the  third  degree,  as  defined in section 265.11 of the penal law;
criminal sale of a firearm to a minor, as defined in section  265.16  of
the  penal  law;  unlawful wearing of a body vest, as defined in section
270.20 of the penal law; hate crimes as defined in section 485.05 of the
penal  law;  and crime of terrorism, as defined in section 490.25 of the
penal law; or
  S 34. 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
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 35. 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 36. 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  37.  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

A. 9804                            12

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 38. This act shall take effect on the ninetieth day after  it  shall
have become a law.

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