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Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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|---|---|
| Mar 21, 2014 |
print number 2240d |
| Mar 21, 2014 |
amend and recommit to codes |
| Jan 24, 2014 |
print number 2240c |
| Jan 24, 2014 |
amend (t) and recommit to codes |
| Jan 08, 2014 |
referred to codes |
| May 23, 2013 |
print number 2240b |
| May 23, 2013 |
amend (t) and recommit to codes |
| Mar 19, 2013 |
print number 2240a |
| Mar 19, 2013 |
amend (t) and recommit to codes |
| Jan 09, 2013 |
referred to codes |
Assembly Bill A2240D
2013-2014 Legislative Session
Enacts the trafficking victims protection and justice act
download bill text pdfSponsored By
PAULIN
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Bill Amendments
co-Sponsors
Jeffrey Dinowitz
William Scarborough
Linda Rosenthal
Vivian Cook
Charles Lavine
Kenneth Zebrowski
Peter Abbate
Michael Cusick
Steven Englebright
Sandy Galef
Vanessa Gibson
Aileen Gunther
Ellen C. Jaffee
William Magnarelli
Margaret Markey
Joan Millman
Francisco Moya
Sam Roberts
Harvey Weisenberg
Alan Maisel
Luis R. Sepúlveda
Rafael Espinal
Albert A. Stirpe
Mickey Kearns
multi-Sponsors
William Boyland
William Colton
Patricia Fahy
Rhoda Jacobs
Robert Sweeney
Fred Thiele
2013-A2240 - Details
- See Senate Version of this Bill:
- S5879
- 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
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
A9804
2015-2016: A506, S7
2013-A2240 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
2240
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
___________
Introduced by M. of A. PAULIN, DINOWITZ, SCARBOROUGH, ROSENTHAL, COOK,
LAVINE, ZEBROWSKI, ABBATE, CUSICK, ENGLEBRIGHT, GALEF, GIBSON,
GUNTHER, JAFFEE, MAGNARELLI, MARKEY, MILLMAN, MOYA, ROBERTS, WEISEN-
BERG -- Multi-Sponsored by -- M. of A. BOYLAND, COLTON, JACOBS,
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 vehicle
and traffic law, the public health law, the real property actions and
proceedings law and the real property law, in relation to prostitution
offenses; and to repeal section 230.07 of the penal law relating ther-
eto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "trafficking victims protection and justice act".
S 2. Section 60.13 of the penal law, as added by chapter 7 of the laws
of 2007, is amended to read as follows:
S 60.13 Authorized dispositions; felony sex offenses.
When a person is to be sentenced upon a conviction for any felony
defined in article one hundred thirty of this chapter, including a sexu-
ally motivated felony, or patronizing a [prostitute] PERSON FOR PROSTI-
TUTION in the first degree as defined in section 230.06 of this chapter,
AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE THIRD DEGREE AS
DEFINED IN SECTION 230.11 OF THIS CHAPTER, AGGRAVATED PATRONIZING A
MINOR FOR PROSTITUTION IN THE SECOND DEGREE AS DEFINED IN SECTION 230.12
OF THIS CHAPTER, AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE
FIRST DEGREE AS DEFINED IN SECTION 230.13 OF THIS CHAPTER, incest in the
second degree as defined in section 255.26 of this chapter, or incest in
the first degree as defined in section 255.27 of this chapter, or a
felony attempt or conspiracy to commit any of these crimes, the court
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03210-01-3
A. 2240 2
must sentence the defendant in accordance with the provisions of section
70.80 of this title.
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.
A. 2240 3
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
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
A. 2240 4
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 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.
A. 2240 5
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
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. 2240 6
A person is guilty of promoting prostitution in the first degree when
he OR SHE knowingly advances or profits from prostitution of a person
less than [eleven] THIRTEEN years old.
S 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.
A. 2240 7
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. 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
A. 2240 8
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
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
A. 2240 9
230.34 of the penal law, OR SECTION 230.25 OF THE PENAL LAW WHERE THE
PERSON PROSTITUTED IS IN FACT LESS THAN SEVENTEEN YEARS OLD, or
S 32. Paragraph (b) of subdivision 1 of section 168-d of the
correction law, as amended by chapter 74 of the laws of 2007, is amended
to read as follows:
(b) Where a defendant stands convicted of an offense defined in para-
graph (b) of subdivision two of section one hundred sixty-eight-a of
this article or where the defendant was convicted of patronizing a
[prostitute] PERSON FOR PROSTITUTION in the third degree under section
230.04 of the penal law OR OF PATRONIZING A PERSON FOR PROSTITUTION IN
THE SECOND DEGREE UNDER SECTION 230.05 OF THE PENAL LAW, OR OF PATRONIZ-
ING A PERSON FOR PROSTITUTION IN THE FIRST DEGREE UNDER SECTION 230.06
OF THE PENAL LAW, OR OF PATRONIZING A PERSON FOR PROSTITUTION IN A
SCHOOL ZONE UNDER SECTION 230.08 OF THE PENAL LAW, OR OF AGGRAVATED
PATRONIZING A MINOR FOR PROSTITUTION IN THE FIRST DEGREE AS DEFINED IN
SECTION 230.13 OF THE PENAL LAW, OR OF AGGRAVATED PATRONIZING A MINOR
FOR PROSTITUTION IN THE SECOND DEGREE AS DEFINED IN SECTION 230.12 OF
THE PENAL LAW, OR OF AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN
THE THIRD DEGREE AS DEFINED IN SECTION 230.11 OF THE PENAL LAW, and the
defendant controverts an allegation that the victim of such offense was
less than eighteen years [of age or, in the case of a conviction under
section 230.04 of the penal law, less than seventeen years of age] OLD,
the court, without a jury, shall, prior to sentencing, conduct a hear-
ing, and the people may prove by clear and convincing evidence that the
victim was less than eighteen years [of age] OLD or less than seventeen
years [of age] OLD, as applicable, by any evidence admissible under the
rules applicable to a trial of the issue of guilt. The court in addition
to such admissible evidence may also consider reliable hearsay evidence
submitted by either party provided that it is relevant to the determi-
nation of the age of the victim. Facts concerning the age of the victim
proven at trial or ascertained at the time of entry of a plea of guilty
shall be deemed established by clear and convincing evidence and shall
not be relitigated. At the conclusion of the hearing, or if the defend-
ant does not controvert an allegation that the victim of the offense was
less than eighteen years [of age] OLD or less than seventeen years [of
age] OLD, as applicable, the court must make a finding and enter an
order setting forth the age of the victim. If the court finds that the
victim of such offense was under eighteen years [of age] OLD or under
seventeen years [of age] OLD, as applicable, the court shall certify the
defendant as a sex offender, the provisions of paragraph (a) of this
subdivision shall apply and the defendant shall register with the divi-
sion in accordance with the provisions of this article.
S 33. Paragraph (c) of subdivision 4 of section 509-cc of the vehicle
and traffic law, as amended by chapter 400 of the laws of 2011, is
amended to read as follows:
(c) The offenses referred to in subparagraph (i) of paragraph (b) of
subdivision one and subparagraph (i) of paragraph (c) of subdivision two
of this section that result in disqualification for a period of five
years shall include a conviction under sections 100.10, 105.13, 115.05,
120.03, 120.04, 120.04-a, 120.05, 120.10, 120.25, 121.12, 121.13,
125.40, 125.45, 130.20, 130.25, 130.52, 130.55, 135.10, 135.55, 140.17,
140.25, 140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06, 220.09,
220.16, 220.31, 220.34, 220.60, 220.65, 221.30, 221.50, 221.55, 230.00,
230.04, 230.05, 230.06, 230.08, 230.11, 230.12, 230.13, 230.19, 230.20,
235.05, 235.06, 235.07, 235.21, 240.06, 245.00, 260.10, subdivision two
of section 260.20 and sections 260.25, 265.02, 265.03, 265.08, 265.09,
A. 2240 10
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 34. Section 2324-a of the public health law, as amended by chapter
260 of the laws of 1978, is amended to read as follows:
S 2324-a. Presumptive evidence. For the purposes of this title, two
or more convictions of any person or persons had, within a period of one
year, for any of the offenses described in section 230.00, 230.04,
230.05, 230.06, 230.08, 230.11, 230.12, 230.13, 230.20, 230.25 [or],
230.30 OR 230.32 of the penal law arising out of conduct engaged in at
the same real property consisting of a dwelling as that term is defined
in subdivision four of section four of the multiple dwelling law shall
be presumptive evidence of conduct constituting use of the premises for
purposes of prostitution.
S 35. Subdivision 2 of section 715 of the real property actions and
proceedings law, as added by chapter 494 of the laws of 1976, is amended
to read as follows:
2. For purposes of this section, two or more convictions of any person
or persons had, within a period of one year, for any of the offenses
described in section 230.00, 230.04, 230.05, 230.06, 230.08, 230.11,
230.12, 230.13, 230.20, 230.25, 230.30, 230.32 or 230.40 of the penal
law arising out of conduct engaged in at the same real property consist-
ing of a dwelling as that term is defined in subdivision four of section
four of the multiple dwelling law shall be presumptive evidence of
conduct constituting use of the premises for purposes of prostitution.
S 36. Subdivision 3 of section 231 of the real property law, as
amended by chapter 203 of the laws of 1980, is amended to read as
follows:
3. For the purposes of this section, two or more convictions of any
person or persons had, within a period of one year, for any of the
offenses described in section 230.00, 230.04, 230.05, 230.06, 230.08,
230.11, 230.12, 230.13, 230.20, 230.25, 230.30, 230.32 or 230.40 of the
penal law arising out of conduct engaged in at the same premises
consisting of a dwelling as that term is defined in subdivision four of
section four of the multiple dwelling law shall be presumptive evidence
of unlawful use of such premises and of the owners knowledge of the
same.
S 37. This act shall take effect on the ninetieth day after it shall
have become a law.
co-Sponsors
Jeffrey Dinowitz
William Scarborough
Linda Rosenthal
Vivian Cook
Charles Lavine
Kenneth Zebrowski
Peter Abbate
Michael Cusick
Steven Englebright
Sandy Galef
Vanessa Gibson
Aileen Gunther
Ellen C. Jaffee
William Magnarelli
Margaret Markey
Joan Millman
Francisco Moya
Sam Roberts
Harvey Weisenberg
Alan Maisel
Luis R. Sepúlveda
Rafael Espinal
Albert A. Stirpe
Mickey Kearns
Steven Otis
David Buchwald
Michele Titus
James Skoufis
Aravella Simotas
Michelle Schimel
Sean Ryan
Addie Jenne
Gabriela Rosa
Dan Quart
J. Gary Pretlow
N. Nick Perry
Barbara Lifton
Micah Kellner
Andrew Hevesi
Barbara Clark
Harry B. Bronson
Anthony Brindisi
Didi Barrett
Carmen E. Arroyo
David Weprin
Phil Steck
Dennis H. Gabryszak
Jane Corwin
Brian F. Curran
Michael J. Fitzpatrick
Andrew R. Garbarino
Mark C. Johns
Steve Katz
Steven McLaughlin
Joseph Saladino
Dan Stec
James Tedisco
Matthew Titone
Joseph Morelle
Walter T. Mosley
Al Graf
Edward Braunstein
Frank Skartados
Michael G. Miller
Karim Camara
multi-Sponsors
Thomas Abinanti
William Boyland
William Colton
Marcos Crespo
David DiPietro
Patricia Fahy
Edward Hennessey
Rhoda Jacobs
Joseph Lentol
Donna Lupardo
William Magee
Shelley Mayer
John T. McDonald III
David McDonough
Michael Montesano
Crystal Peoples-Stokes
Edward Ra
Andrew Raia
Philip Ramos
Annette Robinson
Michael Simanowitz
Robert Sweeney
Claudia Tenney
Fred Thiele
2013-A2240A - Details
- See Senate Version of this Bill:
- S5879
- 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
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
A9804
2015-2016: A506, S7
2013-A2240A - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
2240--A
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
___________
Introduced by M. of A. PAULIN, DINOWITZ, SCARBOROUGH, ROSENTHAL, COOK,
LAVINE, ZEBROWSKI, ABBATE, CUSICK, ENGLEBRIGHT, GALEF, GIBSON,
GUNTHER, JAFFEE, MAGNARELLI, MARKEY, MILLMAN, MOYA, ROBERTS, WEISEN-
BERG, MAISEL, SEPULVEDA, ESPINAL, STIRPE, KEARNS -- Multi-Sponsored by
-- M. of A. BOYLAND, COLTON, FAHY, JACOBS, SWEENEY, THIELE -- read
once and referred to the Committee on Codes -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee
AN ACT to amend the penal law, the criminal procedure law, the social
services law, the mental hygiene law, the correction law, the vehicle
and traffic law, the public health law, the real property actions and
proceedings law and the real property law, in relation to prostitution
offenses
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03210-14-3
A. 2240--A 2
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. 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:
A. 2240--A 3
S 230.01 PROSTITUTION; DEFENSE.
IN ANY PROSECUTION UNDER SECTION 230.00 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 BEING A VICTIM OF SEX TRAF-
FICKING 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. 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 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
A. 2240--A 4
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 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 SEVENTEEN 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, 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.
A. 2240--A 5
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
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. 2240--A 6
A person is guilty of promoting prostitution in the first degree when
he OR SHE knowingly advances or profits from prostitution of a person
less than [eleven] THIRTEEN years old.
S 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) concentrated cannabis as defined in paragraph (a) of subdi-
vision four of section thirty-three hundred two of the public health
law; (c) methadone; [or] (d) gamma-hydroxybutyrate (GHB) or flunitrazep-
an, also known as Rohypnol; OR (E) METHYLENEDIOXYMETHAMPHETAMINE (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.
A. 2240--A 7
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, 230.04, 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 26. 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
trafficking in persons under the Trafficking Victims Protection Act
(United States Code, title 22, chapter 78); provided that
S 27. 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 28. 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
A. 2240--A 8
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 29. 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 30. Subparagraph (i) of paragraph (a) of subdivision 2 of section
168-a of the correction law, as amended by chapter 405 of the laws of
2008, is amended to read as follows:
(i) a conviction of or a conviction for an attempt to commit any of
the provisions of sections 120.70, 130.20, 130.25, 130.30, 130.40,
130.45, 130.60, 230.34, 250.50, 255.25, 255.26 and 255.27 or article two
hundred sixty-three of the penal law, or section 135.05, 135.10, 135.20
or 135.25 of such law relating to kidnapping offenses, provided the
victim of such kidnapping or related offense is less than seventeen
years old and the offender is not the parent of the victim, or section
230.04, [where the person patronized is in fact less than seventeen
years of age,] 230.05 [or], 230.06, 230.08, [or] 230.11, 230.12, 230.13,
subdivision two of section 230.30, [or] section 230.32 [or], 230.33, OR
230.34 of the penal law, OR SECTION 230.25 OF THE PENAL LAW WHERE THE
PERSON PROSTITUTED IS IN FACT LESS THAN SEVENTEEN YEARS OLD, or
S 31. 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
A. 2240--A 9
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 32. 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 33. 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.
A. 2240--A 10
S 34. 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 35. Subdivision 3 of section 231 of the real property law, as
amended by chapter 203 of the laws of 1980, is amended to read as
follows:
3. For the purposes of this section, two or more convictions of any
person or persons had, within a period of one year, for any of the
offenses described in section 230.00, 230.04, 230.05, 230.06, 230.08,
230.11, 230.12, 230.13, 230.20, 230.25, 230.30, 230.32 or 230.40 of the
penal law arising out of conduct engaged in at the same premises
consisting of a dwelling as that term is defined in subdivision four of
section four of the multiple dwelling law shall be presumptive evidence
of unlawful use of such premises and of the owners knowledge of the
same.
S 36. This act shall take effect on the ninetieth day after it shall
have become a law.
co-Sponsors
Jeffrey Dinowitz
William Scarborough
Linda Rosenthal
Vivian Cook
Charles Lavine
Kenneth Zebrowski
Peter Abbate
Michael Cusick
Steven Englebright
Sandy Galef
Aileen Gunther
Ellen C. Jaffee
William Magnarelli
Margaret Markey
Joan Millman
Francisco Moya
Sam Roberts
Harvey Weisenberg
Luis R. Sepúlveda
Albert A. Stirpe
Mickey Kearns
Steven Otis
David Buchwald
Michele Titus
James Skoufis
Aravella Simotas
Michelle Schimel
Sean Ryan
Addie Jenne
Gabriela Rosa
Dan Quart
J. Gary Pretlow
N. Nick Perry
Barbara Lifton
Micah Kellner
Andrew Hevesi
Barbara Clark
Harry B. Bronson
Anthony Brindisi
Didi Barrett
Carmen E. Arroyo
David Weprin
Phil Steck
Jane Corwin
Brian F. Curran
Michael J. Fitzpatrick
Andrew R. Garbarino
Mark C. Johns
Steve Katz
Steven McLaughlin
Joseph Saladino
Dan Stec
James Tedisco
Matthew Titone
Joseph Morelle
Walter T. Mosley
Al Graf
Edward Braunstein
Frank Skartados
Michael G. Miller
Karim Camara
Robin Schimminger
Earlene Hooper
Nily Rozic
Felix Ortiz
Alec Brook-Krasny
Brian Kavanagh
Steven Cymbrowitz
David Gantt
Keith L.T. Wright
multi-Sponsors
Thomas Abinanti
William Boyland
James F. Brennan
William Colton
Marcos Crespo
David DiPietro
Patricia Fahy
Herman D. Farrell
Mark Gjonaj
Deborah Glick
Phillip Goldfeder
Carl Heastie
Edward Hennessey
Dov Hikind
Rhoda Jacobs
Joseph Lentol
Donna Lupardo
William Magee
Shelley Mayer
John T. McDonald III
David McDonough
Michael Montesano
Crystal Peoples-Stokes
Edward Ra
Andrew Raia
Philip Ramos
Jose Rivera
Annette Robinson
Robert J. Rodriguez
Angelo Santabarbara
Michael Simanowitz
Michaelle C. Solages
Robert Sweeney
Claudia Tenney
Fred Thiele
2013-A2240B - Details
- See Senate Version of this Bill:
- S5879
- 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
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
A9804
2015-2016: A506, S7
2013-A2240B - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
2240--B
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
___________
Introduced by M. of A. PAULIN, DINOWITZ, SCARBOROUGH, ROSENTHAL, COOK,
LAVINE, ZEBROWSKI, ABBATE, CUSICK, ENGLEBRIGHT, GALEF, GIBSON,
GUNTHER, JAFFEE, MAGNARELLI, MARKEY, MILLMAN, MOYA, ROBERTS, WEISEN-
BERG, MAISEL, SEPULVEDA, ESPINAL, STIRPE, KEARNS, OTIS, BUCHWALD,
TITUS, SKOUFIS, SIMOTAS, SCHIMEL, RYAN, RUSSELL, ROSA, QUART, PRETLOW,
PERRY, LIFTON, KELLNER, HEVESI, CLARK, BRONSON, BRINDISI, BARRETT,
ARROYO, WEPRIN, STECK, GABRYSZAK, CORWIN, CURRAN, FITZPATRICK, GARBAR-
INO, JOHNS, KATZ, McLAUGHLIN, SALANDINO, STEC, TEDISCO, TITONE,
MORELLE, MOSLEY, GRAFF, BRAUNSTEIN, SKARTADOS, MILLER, CAMARA --
Multi-Sponsored by -- M. of A. ABINANTI, BOYLAND, COLTON, CRESPO,
DiPIETRO, FAHY, HENNESSEY, JACOBS, LENTOL, LUPARDO, MAGEE, MAYER,
McDONALD, McDONOUGH, MONTESANO, PEOPLES-STOKES, RA, RAIA, RAMOS,
ROBINSON, SIMANOWITZ, SWEENEY, TENNEY, THIELE -- read once and
referred to the Committee on Codes -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- again reported from said committee with amendments, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the penal law, the criminal procedure law, the social
services law, the mental hygiene law, the correction law, the vehicle
and traffic law, the public health law, the real property actions and
proceedings law and the real property law, in relation to prostitution
offenses; to amend the criminal procedure law and the executive law,
in relation to sexually exploited children and youthful offender adju-
dication; and to amend the judiciary law, in relation to providing
specialized training for judges who oversee the cases of 16 and 17
year old prostituted youth
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".
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03210-20-3
A. 2240--B 2
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 PERSON FOR PROSTITUTION IN THE
SECOND DEGREE, AS DEFINED IN SECTION 230.05 OF THIS CHAPTER, patronizing
a [prostitute] PERSON FOR PROSTITUTION in the first degree as defined in
section 230.06 of this chapter, AGGRAVATED PATRONIZING A MINOR FOR PROS-
TITUTION IN THE THIRD DEGREE AS DEFINED IN SECTION 230.11 OF THIS CHAP-
TER, AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE SECOND
DEGREE AS DEFINED IN SECTION 230.12 OF THIS CHAPTER, AGGRAVATED PATRON-
IZING 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.
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
A. 2240--B 3
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 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 BEING A VICTIM OF SEX TRAF-
FICKING 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. 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 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.
A. 2240--B 4
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.
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 SEVENTEEN 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
A. 2240--B 5
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, 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.
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
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
A. 2240--B 6
2. PROFITS FROM PROSTITUTION BY ENGAGING, EITHER ALONE OR IN ASSOCI-
ATION WITH OTHERS, IN A BUSINESS OR ENTERPRISE CONSISTING OF THE TRANS-
PORTING OF A PERSON OR PERSONS FOR THE PURPOSES OF PROSTITUTION; OR
3. Advances or profits from prostitution of a person less than nine-
teen years old.
S 18. The opening paragraph of section 230.30 of the penal law, as
amended by chapter 627 of the laws of 1978, is amended to read as
follows:
A person is guilty of promoting prostitution in the second degree when
he OR SHE knowingly:
S 19. The first undesignated paragraph of section 230.32 of the penal
law, as added by chapter 627 of the laws of 1978, is amended to read as
follows:
A person is guilty of promoting prostitution in the first degree when
he OR SHE knowingly advances or profits from prostitution of a person
less than [eleven] THIRTEEN years old.
S 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) concentrated cannabis as defined in paragraph (a) of subdi-
vision four of section thirty-three hundred two of the public health
law; (c) methadone; [or] (d) gamma-hydroxybutyrate (GHB) or flunitrazep-
an, also known as Rohypnol; OR (E) METHYLENEDIOXYMETHAMPHETAMINE (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.
A. 2240--B 7
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
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. Section 120.90 of the criminal procedure law is amended by
adding a new subdivision 9 to read as follows:
9. (A) UPON TAKING A PERSON SIXTEEN OR SEVENTEEN YEARS OF AGE INTO
CUSTODY FOR AN ACT WHICH WOULD CONSTITUTE A VIOLATION OF SECTION 230.00
OR SUBDIVISION TWO OF SECTION 240.37 OF THE PENAL LAW, A POLICE OFFICER,
AFTER PERFORMING WITHOUT UNNECESSARY DELAY ALL RECORDING, FINGERPRINT-
ING, AND OTHER PRELIMINARY POLICE DUTIES REQUIRED IN THE PARTICULAR CASE
SHALL BRING THE ARRESTED PERSON OR CAUSE SUCH PERSON TO BE BROUGHT
BEFORE A LOCAL CRIMINAL COURT AND FILE THEREWITH AN APPROPRIATE ACCUSA-
TORY INSTRUMENT. IF THE LOCAL CRIMINAL COURT IS NOT IN SESSION, THEN THE
ARRESTING OFFICER SHALL TAKE SUCH PERSON 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.
(B) NOTHING IN THIS SUBDIVISION PRECLUDES A POLICE OFFICER OR PEACE
OFFICER FROM ORIGINATING A PERSON IN NEED OF SUPERVISION PROCEEDING
PURSUANT TO SECTION SEVEN HUNDRED THIRTY-THREE OF THE FAMILY COURT ACT
IN LIEU OF REFERRAL FOR PROSECUTION.
S 26. Section 140.20 of the criminal procedure law is amended by
adding a new subdivision 8 to read as follows:
8. (A) UPON TAKING A PERSON SIXTEEN OR SEVENTEEN YEARS OF AGE INTO
CUSTODY FOR AN ACT WHICH WOULD CONSTITUTE A VIOLATION OF SECTION 230.00
OR SUBDIVISION TWO OF SECTION 240.37 OF THE PENAL LAW, A POLICE OFFICER,
AFTER PERFORMING WITHOUT UNNECESSARY DELAY ALL RECORDING, FINGERPRINT-
ING, AND OTHER PRELIMINARY POLICE DUTIES REQUIRED IN THE PARTICULAR CASE
SHALL BRING THE ARRESTED PERSON OR CAUSE SUCH PERSON TO BE BROUGHT
BEFORE A LOCAL CRIMINAL COURT AND FILE THEREWITH AN APPROPRIATE ACCUSA-
TORY INSTRUMENT. IF THE LOCAL CRIMINAL COURT IS NOT IN SESSION, THEN THE
ARRESTING OFFICER SHALL TAKE SUCH PERSON 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.
(B) NOTHING IN THIS SUBDIVISION PRECLUDES A POLICE OFFICER OR PEACE
OFFICER FROM ORIGINATING A PERSON IN NEED OF SUPERVISION PROCEEDING
A. 2240--B 8
PURSUANT TO SECTION SEVEN HUNDRED THIRTY-THREE OF THE FAMILY COURT ACT
IN LIEU OF REFERRAL FOR PROSECUTION.
S 27. Section 170.10 of the criminal procedure law is amended by
adding two new subdivisions 10 and 11 to read as follows:
10. IN ANY PROCEEDING UNDER THIS ARTICLE BASED UPON AN ARREST FOR
PROSTITUTION AS DEFINED IN SECTION 230.00 OF THE PENAL LAW, OR LOITERING
FOR THE PURPOSES OF PROSTITUTION AS DEFINED IN SUBDIVISION TWO OF
SECTION 240.37 OF THE PENAL LAW, A YOUTH SIXTEEN OR SEVENTEEN YEARS OF
AGE SHALL BE TREATED AS A SEXUALLY EXPLOITED CHILD PURSUANT TO SECTION
FOUR HUNDRED FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW.
11. THE COURT SHALL ORDER SPECIALIZED SERVICES ENUMERATED IN SUBDIVI-
SIONS TWO, THREE, FOUR AND FIVE OF SECTION FOUR HUNDRED FORTY-SEVEN-A OF
THE SOCIAL SERVICES LAW FOR A PERIOD NOT TO EXCEED THREE MONTHS, UPON
THE CONSENT OF THE SEXUALLY EXPLOITED CHILD ACCUSED OF PROSTITUTION AS
DEFINED IN SECTION 230.00 OF THE PENAL LAW OR LOITERING FOR THE PURPOSES
OF PROSTITUTION AS DEFINED IN SUBDIVISION TWO OF SECTION 240.37 OF THE
PENAL LAW. NOTHING IN THIS SUBDIVISION SHALL PRECLUDE THE COURT FROM
DISMISSING SUCH A CASE IN THE INTEREST OF JUSTICE PURSUANT TO PARAGRAPH
(G) OF SUBDIVISION ONE OF SECTION 170.30 OF THIS ARTICLE WITHOUT ORDER-
ING SPECIALIZED SERVICES AS AFORESAID.
S 28. Section 170.30 of the criminal procedure law is amended by
adding a new subdivision 4 to read as follows:
4. AFTER ARRAIGNMENT UPON AN INFORMATION, A SIMPLIFIED INFORMATION, A
PROSECUTOR'S INFORMATION OR A MISDEMEANOR COMPLAINT, THE LOCAL CRIMINAL
COURT SHALL DISMISS SUCH INSTRUMENT ON THE GROUNDS THAT A SEXUALLY
EXPLOITED CHILD ACCUSED OF PROSTITUTION AS DEFINED IN SECTION 230.00 OF
THE PENAL LAW OR LOITERING FOR THE PURPOSES OF PROSTITUTION AS DEFINED
IN SUBDIVISION TWO OF SECTION 240.37 OF THE PENAL LAW COOPERATED WITH
SERVICES ORDERED BY THE COURT.
S 29. 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 30. 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
A. 2240--B 9
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
trafficking in persons under the Trafficking Victims Protection Act
(United States Code, title 22, chapter 78); provided that
S 31. 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] IN section 230.30 of the penal law,
PROMOTING PROSTITUTION IN THE THIRD DEGREE, AS DEFINED IN SECTION 230.25
OF THE PENAL LAW;
S 32. Subdivision 1 of section 720.10 of the criminal procedure law,
as amended by chapter 411 of the laws of 1979, is amended to read as
follows:
1. "Youth" means a person charged with a crime alleged to have been
committed when he OR SHE was at least sixteen years old and less than
nineteen years old or a person charged with being a juvenile offender as
defined in subdivision forty-two of section 1.20 of this chapter OR A
PERSON CHARGED WITH LOITERING FOR THE PURPOSES OF PROSTITUTION AS
DEFINED IN SUBDIVISION TWO OF SECTION 240.37 OF THE PENAL LAW WHERE SUCH
VIOLATION WAS ALLEGED TO HAVE BEEN COMMITTED WHEN HE OR SHE WAS SIXTEEN
OR SEVENTEEN YEARS OLD.
S 33. Paragraph (b) of subdivision 1 of section 720.20 of the criminal
procedure law, as amended by chapter 652 of the laws of 1974, is amended
and a new paragraph (c) is added to read as follows:
(b) Where the conviction is had in a local criminal court and the
eligible youth had not prior to commencement of trial or entry of a plea
of guilty been convicted of a crime or found a youthful offender, the
court must find he is a youthful offender. ANY CONVICTION FOR PROSTITU-
TION AS DEFINED IN SECTION 230.00 OF THE PENAL LAW OR LOITERING FOR THE
PURPOSES OF PROSTITUTION AS DEFINED IN SUBDIVISION TWO OF SECTION 240.37
OF THE PENAL LAW RESULTING IN A PRIOR YOUTHFUL OFFENDER ADJUDICATION
SHALL NOT PRECLUDE THE YOUTH'S ELIGIBILITY FOR YOUTHFUL OFFENDER TREAT-
MENT PURSUANT TO THIS SUBDIVISION.
(C) WHERE A SIXTEEN OR SEVENTEEN YEAR OLD YOUTH IS CONVICTED OF PROS-
TITUTION AS DEFINED IN SECTION 230.00 OF THE PENAL LAW, OR LOITERING FOR
THE PURPOSES OF PROSTITUTION AS DEFINED IN SUBDIVISION TWO OF SECTION
240.37 OF THE PENAL LAW, THE COURT MUST FIND SUCH YOUTH A YOUTHFUL
OFFENDER.
S 34. 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 35. 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:
A. 2240--B 10
(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 36. 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, subdi-
vision two of section 230.30, [or] section 230.32 [or], 230.33, OR
230.34 of the penal law, OR SECTION 230.25 OF THE PENAL LAW WHERE THE
PERSON PROSTITUTED IS IN FACT LESS THAN SEVENTEEN YEARS OLD, or
S 37. 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 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
A. 2240--B 11
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 38. 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 39. 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 40. 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 41. 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. 2240--B 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 42. Subdivision 3 of section 502 of the executive law, as amended by
section 1 of subpart B of part Q of chapter 58 of the laws of 2011, is
amended to read as follows:
3. "Detention" means the temporary care and maintenance of A SIXTEEN
OR SEVENTEEN YEAR OLD ALLEGED TO HAVE COMMITTED PROSTITUTION AS DEFINED
IN SECTION 230.00 OF THE PENAL LAW OR LOITERING FOR THE PURPOSES OF
PROSTITUTION AS DEFINED IN SUBDIVISION TWO OF SECTION 240.37 OF THE
PENAL LAW OR A youth held away from their homes pursuant to article
three or seven of the family court act, or held pending a hearing for
alleged violation of the conditions of release from an office of chil-
dren and family services facility or authorized agency, or held pending
a hearing for alleged violation of the condition of parole as a juvenile
offender, or held pending return to a jurisdiction other than the one in
which the youth is held, or held pursuant to a securing order of a crim-
inal court if the youth named therein as principal is charged as a juve-
nile offender or held pending a hearing on an extension of placement or
held pending transfer to a facility upon commitment or placement by a
court. Only alleged or convicted juvenile offenders who have not
attained their eighteenth birthday shall be subject to detention in a
detention facility.
S 43. Subdivision 2 of section 212 of the judiciary law is amended by
adding a new paragraph (s) to read as follows:
(S) ADOPT RULES ESTABLISHING A TRAINING PROGRAM IN SPECIALIZED AREAS
INVOLVING SEXUALLY EXPLOITED YOUTH AND ADOLESCENT DEVELOPMENT.
S 44. This act shall take effect on the ninetieth day after it shall
have become a law.
co-Sponsors
Jeffrey Dinowitz
William Scarborough
Linda Rosenthal
Vivian Cook
Charles Lavine
Kenneth Zebrowski
Peter Abbate
Michael Cusick
Steven Englebright
Sandy Galef
Aileen Gunther
Ellen C. Jaffee
William Magnarelli
Margaret Markey
Joan Millman
Francisco Moya
Sam Roberts
Harvey Weisenberg
Luis R. Sepúlveda
Albert A. Stirpe
Mickey Kearns
Steven Otis
David Buchwald
Michele Titus
James Skoufis
Aravella Simotas
Michelle Schimel
Sean Ryan
Addie Jenne
Gabriela Rosa
Dan Quart
J. Gary Pretlow
N. Nick Perry
Barbara Lifton
Micah Kellner
Andrew Hevesi
Barbara Clark
Harry B. Bronson
Anthony Brindisi
Didi Barrett
Carmen E. Arroyo
David Weprin
Phil Steck
Jane Corwin
Brian F. Curran
Michael J. Fitzpatrick
Andrew R. Garbarino
Mark C. Johns
Steve Katz
Steven McLaughlin
Joseph Saladino
Dan Stec
James Tedisco
Matthew Titone
Joseph Morelle
Walter T. Mosley
Al Graf
Edward Braunstein
Frank Skartados
Michael G. Miller
Karim Camara
Robin Schimminger
Earlene Hooper
Nily Rozic
Felix Ortiz
Alec Brook-Krasny
Brian Kavanagh
Steven Cymbrowitz
David Gantt
Keith L.T. Wright
multi-Sponsors
Thomas Abinanti
James F. Brennan
William Colton
Marcos Crespo
David DiPietro
Patricia Fahy
Herman D. Farrell
Mark Gjonaj
Deborah Glick
Phillip Goldfeder
Carl Heastie
Edward Hennessey
Dov Hikind
Rhoda Jacobs
Joseph Lentol
Donna Lupardo
William Magee
Shelley Mayer
John T. McDonald III
David McDonough
Michael Montesano
Crystal Peoples-Stokes
Edward Ra
Andrew Raia
Philip Ramos
Jose Rivera
Annette Robinson
Robert J. Rodriguez
Angelo Santabarbara
Michael Simanowitz
Michaelle C. Solages
Robert Sweeney
Claudia Tenney
Fred Thiele
2013-A2240C - Details
- See Senate Version of this Bill:
- S5879
- 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
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
A9804
2015-2016: A506, S7
2013-A2240C - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
2240--C
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
___________
Introduced by M. of A. PAULIN, DINOWITZ, SCARBOROUGH, ROSENTHAL, COOK,
LAVINE, ZEBROWSKI, ABBATE, CUSICK, ENGLEBRIGHT, GALEF, GUNTHER,
JAFFEE, MAGNARELLI, MARKEY, MILLMAN, MOYA, ROBERTS, WEISENBERG,
SEPULVEDA, STIRPE, KEARNS, OTIS, BUCHWALD, TITUS, SKOUFIS, SIMOTAS,
SCHIMEL, RYAN, RUSSELL, ROSA, QUART, PRETLOW, PERRY, LIFTON, KELLNER,
HEVESI, CLARK, BRONSON, BRINDISI, BARRETT, ARROYO, WEPRIN, STECK,
CORWIN, CURRAN, FITZPATRICK, GARBARINO, JOHNS, KATZ, McLAUGHLIN, SALA-
DINO, STEC, TEDISCO, TITONE, MORELLE, MOSLEY, GRAF, BRAUNSTEIN, SKAR-
TADOS, MILLER, CAMARA, SCHIMMINGER, HOOPER, ROZIC, ORTIZ, BROOK-KRAS-
NY, KAVANAGH, CYMBROWITZ, GANTT, WRIGHT -- Multi-Sponsored by -- M. of
A. ABINANTI, BOYLAND, BRENNAN, COLTON, CRESPO, DIPIETRO, FAHY,
FARRELL, GJONAJ, GLICK, GOLDFEDER, HEASTIE, HENNESSEY, HIKIND, JACOBS,
LENTOL, LUPARDO, MAGEE, MAYER, McDONALD, McDONOUGH, MONTESANO,
PEOPLES-STOKES, RA, RAIA, RAMOS, RIVERA, ROBINSON, RODRIGUEZ, SANTA-
BARBARA, SIMANOWITZ, SOLAGES, SWEENEY, TENNEY, THIELE -- read once and
referred to the Committee on Codes -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- again reported from said committee with amendments, ordered
reprinted as amended and recommitted to said committee -- recommitted
to the Committee on Codes in accordance with Assembly Rule 3, sec. 2
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03210-24-4
A. 2240--C 2
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
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
A. 2240--C 3
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
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;
A. 2240--C 4
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
(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
A. 2240--C 5
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,
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
A. 2240--C 6
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
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
A. 2240--C 7
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
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. 2240--C 8
(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.
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
A. 2240--C 9
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 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.
A. 2240--C 10
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
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. 2240--C 11
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 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:
A. 2240--C 12
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
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.
A. 2240--C 13
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
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
A. 2240--C 14
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
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,
A. 2240--C 15
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-
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,
A. 2240--C 16
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
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.
co-Sponsors
Jeffrey Dinowitz
William Scarborough
Linda Rosenthal
Vivian Cook
Charles Lavine
Kenneth Zebrowski
Peter Abbate
Michael Cusick
Steven Englebright
Sandy Galef
Aileen Gunther
Ellen C. Jaffee
William Magnarelli
Margaret Markey
Joan Millman
Francisco Moya
Sam Roberts
Harvey Weisenberg
Luis R. Sepúlveda
Albert A. Stirpe
Mickey Kearns
Steven Otis
David Buchwald
Michele Titus
James Skoufis
Aravella Simotas
Michelle Schimel
Sean Ryan
Addie Jenne
Dan Quart
J. Gary Pretlow
N. Nick Perry
Barbara Lifton
Micah Kellner
Andrew Hevesi
Barbara Clark
Harry B. Bronson
Anthony Brindisi
Didi Barrett
Carmen E. Arroyo
David Weprin
Phil Steck
Jane Corwin
Brian F. Curran
Michael J. Fitzpatrick
Andrew R. Garbarino
Mark C. Johns
Steve Katz
Steven McLaughlin
Joseph Saladino
Dan Stec
James Tedisco
Matthew Titone
Joseph Morelle
Walter T. Mosley
Al Graf
Edward Braunstein
Frank Skartados
Michael G. Miller
Karim Camara
Robin Schimminger
Earlene Hooper
Nily Rozic
Felix Ortiz
Alec Brook-Krasny
Brian Kavanagh
Steven Cymbrowitz
David Gantt
Maritza Davila
Nicole Malliotakis
Richard Gottfried
Keith L.T. Wright
multi-Sponsors
Thomas Abinanti
William A. Barclay
James F. Brennan
William Colton
Marcos Crespo
David DiPietro
Patricia Fahy
Herman D. Farrell
Gary Finch
Mark Gjonaj
Deborah Glick
Phillip Goldfeder
Carl Heastie
Edward Hennessey
Dov Hikind
Rhoda Jacobs
Joseph Lentol
Donna Lupardo
William Magee
Shelley Mayer
John T. McDonald III
David McDonough
Michael Montesano
Philip Palmesano
Crystal Peoples-Stokes
Edward Ra
Andrew Raia
Philip Ramos
Jose Rivera
Annette Robinson
Robert J. Rodriguez
Angelo Santabarbara
Michael Simanowitz
Michaelle C. Solages
Robert Sweeney
Claudia Tenney
Fred Thiele
Raymond Walter
2013-A2240D (ACTIVE) - Details
- See Senate Version of this Bill:
- S5879
- 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
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
A9804
2015-2016: A506, S7
2013-A2240D (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
2240--D
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
___________
Introduced by M. of A. PAULIN, DINOWITZ, SCARBOROUGH, ROSENTHAL, COOK,
LAVINE, ZEBROWSKI, ABBATE, CUSICK, ENGLEBRIGHT, GALEF, GUNTHER,
JAFFEE, MAGNARELLI, MARKEY, MILLMAN, MOYA, ROBERTS, WEISENBERG,
SEPULVEDA, STIRPE, KEARNS, OTIS, BUCHWALD, TITUS, SKOUFIS, SIMOTAS,
SCHIMEL, RYAN, RUSSELL, ROSA, QUART, PRETLOW, PERRY, LIFTON, KELLNER,
HEVESI, CLARK, BRONSON, BRINDISI, BARRETT, ARROYO, WEPRIN, STECK,
CORWIN, CURRAN, FITZPATRICK, GARBARINO, JOHNS, KATZ, McLAUGHLIN, SALA-
DINO, STEC, TEDISCO, TITONE, MORELLE, MOSLEY, GRAF, BRAUNSTEIN, SKAR-
TADOS, MILLER, CAMARA, SCHIMMINGER, HOOPER, ROZIC, ORTIZ, BROOK-KRAS-
NY, KAVANAGH, CYMBROWITZ, GANTT, WRIGHT -- Multi-Sponsored by -- M. of
A. ABINANTI, BRENNAN, COLTON, CRESPO, DiPIETRO, FAHY, FARRELL, GJONAJ,
GLICK, GOLDFEDER, HEASTIE, HENNESSEY, HIKIND, JACOBS, LENTOL, LUPARDO,
MAGEE, MAYER, McDONALD, McDONOUGH, MONTESANO, PEOPLES-STOKES, RA,
RAIA, RAMOS, RIVERA, ROBINSON, RODRIGUEZ, SANTABARBARA, SIMANOWITZ,
SOLAGES, SWEENEY, TENNEY, THIELE -- read once and referred to the
Committee on Codes -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- again
reported from said committee with amendments, ordered reprinted as
amended and recommitted to said committee -- recommitted to the
Committee on Codes in accordance with Assembly Rule 3, sec. 2 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee -- again reported from said committee
with amendments, ordered reprinted as amended and recommitted to said
committee
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03210-28-4
A. 2240--D 2
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
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
A. 2240--D 3
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
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;
A. 2240--D 4
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
(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 6. 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 7. 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
A. 2240--D 5
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,
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 8. 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
A. 2240--D 6
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
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
A. 2240--D 7
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
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 9. 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 10. 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. 2240--D 8
(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 11. 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 12. 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 13. 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 14. 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 15. 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
A. 2240--D 9
reasonable grounds to believe that the person was less than the age
specified.
S 16. 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 OLD OR MORE, HE OR SHE PATRON-
IZES A PERSON FOR PROSTITUTION AND THE PERSON PATRONIZED IS LESS THAN
EIGHTEEN YEARS OLD AT A PLACE THAT HE OR SHE KNOWS, OR REASONABLY 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 17. 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 18. 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, WITH THE PERSON PATRONIZED.
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, WITH THE PERSON PATRONIZED.
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
A. 2240--D 10
TERMS ARE DEFINED IN SECTION 130.00 OF THIS PART, WITH THE PERSON
PATRONIZED.
AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE FIRST DEGREE IS
A CLASS B FELONY.
S 19. 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 20. 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 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 21. 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 22. 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.
A. 2240--D 11
S 23. 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 OLD.
S 24. 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 25. 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 26. 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 27. 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.
A. 2240--D 12
S 28. 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 29. 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
the purpose of patronizing a [prostitute] PERSON FOR PROSTITUTION or
promoting prostitution) or 230.00 (prostitution) OR 230.03 (PROSTITUTION
IN A SCHOOL ZONE) 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, chapter 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 30. 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
A. 2240--D 13
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 31. 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 32. 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, THE
OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE OR THE OFFICE OF VICTIM
SERVICES to be a human trafficking victim, that [agency or] LAW ENFORCE-
MENT 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 arti-
cle OR, IN THE CASE OF AN ESTABLISHED PROVIDER OF SOCIAL OR LEGAL
SERVICES, SHALL NOTIFY THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE
AND THE DIVISION OF CRIMINAL JUSTICE SERVICES IF SUCH VICTIM CONSENTS TO
SEEKING SERVICES PURSUANT TO THIS ARTICLE.
S 33. 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] 2018 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 34. 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
A. 2240--D 14
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 35. 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 36. 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 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 37. 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
A. 2240--D 15
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 38. 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-
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 39. 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 40. 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
A. 2240--D 16
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 41. 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 42. 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
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 43. 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 44. 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 45. Notwithstanding the provisions of article 5 of the general
construction law, the provisions of section 483-ee of the social
A. 2240--D 17
services law, as added by chapter 74 of the laws of 2007, are hereby
revived and shall continue in full force and effect as such provisions
existed on August 31, 2013.
S 46. This act shall take effect on the ninetieth day after it shall
have become a law; provided however that sections thirty-three and
forty-five of this act shall take effect immediately.
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