A. 7474 2
S 2. 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, 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 3. The penal law is amended by adding a new section 230.01 to read
as follows:
S 230.01 PROSTITUTION; CERTAIN DEFENSES.
1. IN ANY PROSECUTION UNDER SECTION 230.00 OR SUBDIVISION TWO OF
SECTION 240.37 OF THIS PART: IT IS A 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, LABOR TRAFFICKING UNDER
SECTION 135.35 OF THIS CHAPTER, COMPELLING PROSTITUTION UNDER SECTION
230.33 OF THIS ARTICLE, OR A VICTIM OF TRAFFICKING IN PERSONS UNDER THE
TRAFFICKING VICTIMS PROTECTION ACT (UNITED STATES CODE, TITLE 22, CHAP-
TER 78).
2. IN ANY PROSECUTION FOR PROSTITUTION UNDER SECTION 230.03 OR FOR
PROMOTING PROSTITUTION UNDER SECTION 230.19, 230.20 OR SUBDIVISION TWO
OF SECTION 230.25 OF THIS ARTICLE, IT IS AN AFFIRMATIVE DEFENSE THAT THE
DEFENDANT'S PARTICIPATION IN THE OFFENSE WAS AS A RESULT OF BEING A
VICTIM OF SEX TRAFFICKING UNDER SECTION 230.34 OF THIS ARTICLE, COMPEL-
LING PROSTITUTION UNDER SECTION 230.33 OF THIS ARTICLE, OR A VICTIM OF
TRAFFICKING IN PERSONS UNDER THE TRAFFICKING VICTIMS PROTECTION ACT
(UNITED STATES CODE, TITLE 22, CHAPTER 78).
S 4. 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 5. 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 6. 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. 7474 3
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 years [of age] OLD.
Patronizing a [prostitute] PERSON FOR PROSTITUTION in the second
degree is a class E felony.
S 7. 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] HE OR SHE patronizes a [prostitute]
PERSON FOR PROSTITUTION and the person patronized is less than eleven
years [of age] OLD.
Patronizing a [prostitute] PERSON FOR PROSTITUTION in the first degree
is a class D felony.
S 8. 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 9. 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 10. 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. 7474 4
2. Advances or profits from prostitution of a person less than nine-
teen years old.
S 11. 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 12. 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,
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 OR 230.06 OF THIS PART.
S 13. 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, subdivision two of section 230.30 [or],
230.32 OR 230.34, the prosecutor shall, within sixty days of the imposi-
tion 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 defend-
ant, 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 14. 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:
A. 7474 5
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 15. Paragraph (h) of subdivision 8 of section 700.05 of the criminal
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 16. Subdivision (a) of section 483-aa of the social services law, as
added by chapter 74 of the laws of 2007, is amended and two new subdivi-
sions (c) and (d) are added to read as follows:
(a) "Human trafficking victim" means a person who is a victim of sex
trafficking as defined in section 230.34 of the penal law, A VICTIM OF
COMPELLING PROSTITUTION AS DEFINED IN SECTION 230.33 OF THE PENAL LAW,
or a victim of labor trafficking as defined in section 135.35 of the
penal law.
(C) "SHORT-TERM SAFE HOUSE" MEANS A RESIDENTIAL FACILITY OPERATED BY A
NOT-FOR-PROFIT AGENCY WITH EXPERIENCE IN PROVIDING SERVICES TO HUMAN
TRAFFICKING VICTIMS, THAT PROVIDES EMERGENCY SHELTER, SERVICES AND CARE
TO HUMAN TRAFFICKING VICTIMS INCLUDING FOOD, SHELTER, CLOTHING, MEDICAL
CARE, COUNSELING AND APPROPRIATE CRISIS INTERVENTION SERVICES AND
PROMOTES A SAFE LIVING ENVIRONMENT.
(D) "LONG-TERM SAFE HOUSE" MEANS A RESIDENTIAL FACILITY OPERATED BY A
NOT-FOR-PROFIT AGENCY WITH EXPERIENCE IN PROVIDING SERVICES TO HUMAN
TRAFFICKING VICTIMS, THAT PROVIDES SHELTER FOR HUMAN TRAFFICKING VICTIMS
AND PROMOTES A SAFE LIVING ENVIRONMENT. IN ADDITION, A LONG-TERM SAFE
HOUSE SHALL PROVIDE OR ASSIST WITH SECURING NECESSARY SERVICES FOR SUCH
HUMAN TRAFFICKING VICTIM EITHER THROUGH DIRECT PROVISION OF SERVICES, OR
THROUGH WRITTEN AGREEMENTS WITH OTHER COMMUNITY AND PUBLIC AGENCIES FOR
THE PROVISION OF SERVICES INCLUDING BUT NOT LIMITED TO HOUSING, ASSESS-
MENT, CASE MANAGEMENT, MEDICAL CARE, LEGAL, MENTAL HEALTH AND SUBSTANCE
AND ALCOHOL ABUSE SERVICES. SUCH SAFE HOUSE, IN ACCORDANCE WITH A
SERVICE PLAN FOR SUCH HUMAN TRAFFICKING VICTIM, SHALL ALSO PROVIDE COUN-
SELING AND THERAPEUTIC SERVICES, EDUCATIONAL SERVICES INCLUDING LIFE
SKILLS SERVICES, JOB TRAINING AND PLACEMENT AND PLANNING SERVICES TO
SUCCESSFULLY TRANSITION SUCH PERSON BACK INTO THE COMMUNITY.
S 17. Section 483-bb of the social services law, as added by chapter
74 of the laws of 2007, is amended to read as follows:
S 483-bb. Services for victims of human trafficking. (a) The office of
temporary and disability assistance [may] SHALL coordinate with and
assist law enforcement agencies and district attorney's offices to
access appropriate services for human trafficking victims.
(b) [In providing such assistance, the] THE office of temporary and
disability assistance may enter into contracts with non-government
organizations for providing services to [pre-certified] victims of human
trafficking as defined in subdivision [(b)] (A) of section four hundred
eighty-three-aa of this article, [insofar as funds are available for
A. 7474 6
that purpose] SUBJECT TO AVAILABLE FUNDS. Such services [may] SHALL
include, but are not limited to, case management, emergency temporary
housing, health care, mental health counseling, drug addiction screening
and treatment, language interpretation and translation services, English
language instruction, job training and placement assistance, post-em-
ployment services for job retention, and services to assist the individ-
ual and any of his or her family members to establish a permanent resi-
dence in New York state or the United States. SUCH SERVICES SHALL ALSO
INCLUDE APPROPRIATE VOLUNTARY PLACEMENT IN A SHORT-TERM AND/OR LONG-TERM
SAFE HOUSE, AS SUCH TERMS ARE DEFINED UNDER SUBDIVISION (C) OR (D) OF
SECTION FOUR HUNDRED EIGHTY-THREE-AA OF THIS ARTICLE. PLACEMENT IN A
SAFE HOUSE SHALL BE AVAILABLE FROM THE INITIAL POINT OF CONTACT BETWEEN
THE HUMAN TRAFFICKING VICTIM AND ANY OF THE FOLLOWING: LAW ENFORCEMENT;
A LOCAL SOCIAL SERVICES DISTRICT; OR A SOCIAL OR LEGAL SERVICES PROVID-
ER. NOTHING IN THIS ARTICLE SHALL PREVENT PLACEMENT IN A SAFE HOUSE OF
A HUMAN TRAFFICKING VICTIM WHO IS: (1) INVOLVED IN A PROCEEDING WHICH
HAS NOT REACHED FINAL DISPOSITION, FOR THE DURATION OF SUCH PROCEEDING;
(2) NOT INVOLVED IN A PENDING PROCEEDING; OR (3) PARTICIPATING IN A
PROGRAM FOR VICTIMS OF DOMESTIC VIOLENCE AND HAS BEEN IDENTIFIED AS A
VICTIM OF HUMAN TRAFFICKING. Nothing in this [section] ARTICLE shall
preclude the office of temporary and disability assistance, or any local
social services district, from providing human trafficking victims who
are United States citizens or human trafficking victims who meet the
criteria pursuant to section one hundred twenty-two of this chapter with
any benefits or services for which they otherwise may be eligible.
S 18. 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 OR 135.35 OF THE PENAL LAW MAY BRING A CIVIL ACTION
AGAINST ANY APPROPRIATE DEFENDANT TO RECOVER DAMAGES FOR SUCH VICTIMIZA-
TION, COSTS AND REASONABLE ATTORNEYS FEES. SUCH DAMAGES MAY ALSO
INCLUDE, WITHOUT LIMITATION, MONIES, CONSIDERATION AND OTHER BENEFITS
RECEIVED BY OR ON BEHALF OF THE PERPETRATOR OR OTHERS FOR SUCH ACTIV-
ITIES OF THE VICTIM.
S 19. Section 483-cc of the social services law, as added by chapter
74 of the laws of 2007, is amended to read as follows:
S 483-cc. [Confirmation as a victim] IDENTIFICATION AND CONFIRMATION
OF VICTIMS of human trafficking. (a) PROMPTLY UPON AN ENCOUNTER WITH A
PERSON WHO REASONABLY APPEARS TO A LAW ENFORCEMENT AGENCY OR DISTRICT
ATTORNEY'S OFFICE TO BE A HUMAN TRAFFICKING VICTIM, OR A PERSON WHO
IDENTIFIES HIMSELF OR HERSELF AS A HUMAN TRAFFICKING VICTIM, SUCH LAW
ENFORCEMENT AGENCY OR DISTRICT ATTORNEY'S OFFICE SHALL ADVISE SUCH
PERSON OF THE AVAILABILITY OF THE SERVICES OF SPECIFIC, ESTABLISHED
PROVIDERS OF SOCIAL AND LEGAL SERVICES TO HUMAN TRAFFICKING VICTIMS.
UNLESS, AFTER RECEIVING SUCH ADVICE, THE APPARENT VICTIM EXPRESSES THAT
HE OR SHE DOES NOT WISH THE PRESENCE OF A REPRESENTATIVE OF SUCH AN
ESTABLISHED PROVIDER OF SOCIAL OR LEGAL SERVICES, THE LAW ENFORCEMENT
AGENCY OR DISTRICT ATTORNEY'S OFFICE SHALL CONTACT THE APPROPRIATE
PROVIDER AND REQUEST THAT A REPRESENTATIVE BE PROVIDED. IF THE APPARENT
VICTIM DOES NOT WISH THE PRESENCE OF SUCH A REPRESENTATIVE, THAT
EXPRESSION BY THE APPARENT VICTIM SHALL BE DOCUMENTED BY THE AGENCY OR
OFFICE OFFICIAL IN WRITING OR OTHER RECORDED FORM. NOTHING IN THIS
SUBDIVISION SHALL AFFECT ANY OBLIGATION SUCH LAW ENFORCEMENT AGENCY OR
DISTRICT ATTORNEY'S OFFICE MAY HAVE TO PROVIDE ANY INFORMATION OR
ASSISTANCE TO SUCH PERSON.
A. 7474 7
(B) As soon as practicable after [a first] AN encounter with a person
who reasonably appears to a law enforcement agency or a district attor-
ney's office to be a human trafficking victim, OR A PERSON WHO IDENTI-
FIES HIMSELF OR HERSELF AS A HUMAN TRAFFICKING VICTIM, that agency or
office shall notify [the office of temporary and disability assistance
and the division of criminal justice services] AN ESTABLISHED PROVIDER
OF SOCIAL OR LEGAL SERVICES TO HUMAN TRAFFICKING VICTIMS that such
person may be [eligible for] IN NEED OF services under this article.
[(b) Upon receipt of such a notification, the] (C) UPON REQUEST FOR
CERTIFICATION BY A PERSON WHO IDENTIFIES HIMSELF OR HERSELF AS A HUMAN
TRAFFICKING VICTIM, OR SUCH A REQUEST, AUTHORIZED BY AND MADE ON BEHALF
OF SUCH A PERSON, BY AN ESTABLISHED PROVIDER OF SOCIAL OR LEGAL SERVICES
TO HUMAN TRAFFICKING VICTIMS, THE division of criminal justice services,
in consultation with the office of temporary and disability assistance
and the referring agency or office, shall [make a preliminary] PROMPTLY
COMPLETE AN assessment of whether; AS REQUESTED: (I) such victim or
possible victim appears to meet the criteria for certification as a
victim of a severe form of trafficking in persons as defined in section
7105 of title 22 of the United States Code (Trafficking Victims
Protection); or (II) SUCH VICTIM OR POSSIBLE VICTIM appears to be other-
wise eligible for any federal, state or local benefits and services. If
it is determined that the victim appears to meet such criteria, the
office of temporary and disability assistance shall PROMPTLY report the
finding AND PROVIDE SUCH CERTIFICATION to the victim, and to the refer-
ring [law enforcement] agency or [district attorney's] office[, and
may]. IF IT IS DETERMINED THAT THE VICTIM DOES NOT APPEAR TO MEET SUCH
CRITERIA, THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE SHALL
PROMPTLY REPORT THE REASONS FOR SUCH FINDING IN WRITING TO THE VICTIM
AND THE REFERRING AGENCY OR OFFICE.
(D) UPON REQUEST BY AN APPARENT HUMAN TRAFFICKING VICTIM OR AN ESTAB-
LISHED PROVIDER OF SOCIAL OR LEGAL SERVICES TO HUMAN TRAFFICKING
VICTIMS, THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE MAY assist
[that] AN agency or office in having such [victim] APPARENT HUMAN TRAF-
FICKING VICTIM EVALUATED AND receive services from [a] case management
[provider] PROVIDERS who may be under contract with the office of tempo-
rary and disability assistance, or from any other available source,
INCLUDING SHORT-TERM AND LONG-TERM SAFE HOUSES AS SUCH TERMS ARE DEFINED
UNDER SUBDIVISIONS (C) AND (D), RESPECTIVELY, OF SECTION FOUR HUNDRED
EIGHTY-THREE-AA OF THIS ARTICLE.
(E) If [the], PURSUANT TO SUBDIVISION (C) OR (D) OF THIS SECTION, THE
OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE BECOMES AWARE OF A victim
or possible victim [is] OF HUMAN TRAFFICKING under the age of eighteen,
the office of temporary and disability assistance [also] shall notify
the local department of social services in the county where the child
was found.
S 20. Section 483-ee of the social services law, as added by chapter
74 of the laws of 2007, subdivision (a) as amended by section 5 of part
A-1 of chapter 56 of the laws of 2010, is amended to read as follows:
S 483-ee. Establishment of interagency task force on human traffick-
ing. (a) There is established an interagency task force on trafficking
in persons, which shall consist of the following members or their desig-
nees: (1) the commissioner of the division of criminal justice services;
(2) the commissioner of the office of temporary and disability assist-
ance; (3) the commissioner of health; (4) the commissioner of the office
of mental health; (5) the commissioner of labor; (6) the commissioner of
the office of children and family services; (7) the commissioner of the
A. 7474 8
office of alcoholism and substance abuse services; (8) the director of
the office of victim services; (9) the executive director of the office
for the prevention of domestic violence; [and] (10) the superintendent
of the division of state police; AND THE FOLLOWING ADDITIONAL MEMBERS,
WHO SHALL BE PROMPTLY APPOINTED BY THE GOVERNOR, EACH FOR A TERM OF TWO
YEARS, PROVIDED THAT SUCH PERSON'S MEMBERSHIP SHALL CONTINUE AFTER SUCH
TWO YEAR TERM UNTIL A SUCCESSOR IS APPOINTED AND PROVIDED, FURTHER, THAT
A MEMBER MAY BE REAPPOINTED IF AGAIN RECOMMENDED IN THE MANNER SPECIFIED
IN THIS SUBDIVISION: (11) TWO MEMBERS, WHO SHALL BE APPOINTED ON THE
RECOMMENDATION OF THE TEMPORARY PRESIDENT OF THE SENATE; (12) TWO
MEMBERS, WHO SHALL BE APPOINTED ON THE RECOMMENDATION OF THE SPEAKER OF
THE ASSEMBLY; (13) TWO MEMBERS, WHO SHALL BE APPOINTED ON THE RECOMMEN-
DATION OF THE NOT-FOR-PROFIT ORGANIZATION IN NEW YORK STATE THAT
RECEIVES THE LARGEST SHARE OF FUNDS, APPROPRIATED BY AND THROUGH THE
STATE BUDGET, FOR PROVIDING SERVICES TO VICTIMS OF HUMAN TRAFFICKING, AS
SHALL BE IDENTIFIED ANNUALLY IN WRITING BY THE DIRECTOR OF THE BUDGET;
AND (14) ONE MEMBER, WHO SHALL BE APPOINTED ON THE RECOMMENDATION OF THE
PRESIDENT OF THE NEW YORK STATE BAR ASSOCIATION; and others as may be
necessary to carry out the duties and responsibilities under this
section. The task force will be co-chaired by the commissioners of the
division of criminal justice services and the office of temporary and
disability assistance, or their designees. It shall meet as often as is
necessary, BUT NO LESS THAN THREE TIMES PER YEAR, and under circum-
stances as are appropriate to fulfilling its duties under this section.
ALL MEMBERS SHALL BE PROVIDED WITH WRITTEN NOTICE REASONABLY IN ADVANCE
OF EACH MEETING WITH DATE, TIME AND LOCATION OF SUCH MEETING.
(b) The task force shall: (1) collect and organize data on the nature
and extent of trafficking in persons in the state; (2) identify avail-
able federal, state and local programs that provide services to victims
of trafficking, including but not limited to case management, housing,
health care, mental health counseling, drug addiction screening and
treatment, language interpretation and translation services, English
language instruction, job training and placement assistance, post-em-
ployment services for job retention, and services to assist the individ-
ual and any of his or her family members to establish a permanent resi-
dence in New York state or the United States; (3) consult with
governmental and non-governmental organizations in developing recommen-
dations to strengthen state and local efforts to prevent trafficking,
protect and assist victims of trafficking and prosecute traffickers; (4)
establish interagency protocols and collaboration between federal,
state, and local law enforcement, state and governmental agencies, child
welfare agencies, and non-governmental organizations; (5) evaluate
approaches to increase public awareness about trafficking and make
recommendations on such approaches; (6) evaluate the effectiveness of
training programs on human trafficking that have been designed for law
enforcement personnel, criminal defense attorneys, social service
providers and non-governmental organizations, and make recommendations
for improving the quality and effectiveness of such programs; [and] (7)
measure and evaluate the progress of the state in preventing traffick-
ing, protecting and providing assistance to victims of trafficking, and
prosecuting persons engaged in trafficking; AND (8) CONVENE ANY SUBCOM-
MITTEE NECESSARY, PROVIDED SUCH SUBCOMMITTEE HAS AT LEAST ONE OF THE
MEMBERS APPOINTED BY THE SPEAKER OF THE ASSEMBLY, TEMPORARY PRESIDENT OF
THE SENATE OR GOVERNOR, TO CONSIDER SPECIFIC ISSUES, INCLUDING, BUT NOT
LIMITED TO: FEDERAL, STATE AND/OR LOCAL COOPERATION; JUVENILES AND HUMAN
TRAFFICKING; THE IMPORTANCE OF TRAINING AND WHO SHOULD RECEIVE SUCH
A. 7474 9
TRAINING; HOW DATA IS COMPILED AND SHARED; SERVICES FOR AND TREATMENT OF
DOMESTIC VERSUS FOREIGN BORN VICTIMS.
(c) [One year from the effective date of this section, or earlier if
deemed appropriate, the task force shall report to the governor and the
legislature on these issues,] THE TASK FORCE SHALL REPORT TO THE GOVER-
NOR, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF THE ASSEMBLY,
THE TEMPORARY PRESIDENT OF THE SENATE AND THE MINORITY LEADER OF THE
SENATE NO LESS THAN ANNUALLY, and it shall [thereafter] ADDITIONALLY
issue such reports and recommendations as it deems necessary to carry
out its duties and responsibilities.
(D) THERE IS HEREBY ESTABLISHED AN ADVISORY COMMITTEE WITHIN THE
INTERAGENCY TASK FORCE ON TRAFFICKING IN PERSONS. (1) THE ADVISORY
COMMITTEE SHALL CONSIST OF SEVEN INDIVIDUALS WHO SHALL BE APPOINTED BY
THE GOVERNOR, EACH FOR A TERM OF TWO YEARS, PROVIDED THAT SUCH PERSON'S
MEMBERSHIP SHALL CONTINUE AFTER SUCH TWO YEAR TERM UNTIL A SUCCESSOR IS
APPOINTED AND PROVIDED, FURTHER, THAT A MEMBER MAY BE REAPPOINTED IF
AGAIN RECOMMENDED IN THE MANNER SPECIFIED IN THIS SUBDIVISION: TWO
MEMBERS WHO SHALL BE APPOINTED ON THE RECOMMENDATION OF THE TEMPORARY
PRESIDENT OF THE SENATE, AT LEAST ONE OF WHOM SHALL HAVE ENGAGED IN THE
PROFESSIONAL ACADEMIC STUDY OF HUMAN TRAFFICKING, OR ISSUES RELATED
THERETO; TWO MEMBERS WHO SHALL BE APPOINTED ON THE RECOMMENDATION OF THE
SPEAKER OF THE ASSEMBLY, AT LEAST ONE OF WHOM SHALL BE EXPERIENCED IN
PROVIDING SERVICES TO HUMAN TRAFFICKING VICTIMS; ONE MEMBER, WHO SHALL
BE APPOINTED ON THE RECOMMENDATION OF THE NEW YORK STATE PUBLIC WELFARE
ASSOCIATION, WHO SHALL BE INVOLVED IN THE ADMINISTERING OF FUNDS AND/OR
SERVICES TO HUMAN TRAFFICKING VICTIMS; AND ONE MEMBER, WHO SHALL BE
APPOINTED ON THE RECOMMENDATION OF THE PRESIDENT OF THE NEW YORK STATE
BAR ASSOCIATION. IN MAKING SUCH NOMINATIONS, SUCH PERSONS SHALL CONSIDER
THE DESIRABILITY OF HAVING ADVISORY COMMITTEE MEMBERS FROM VARIOUS
REGIONS OF THE STATE. NO MEMBER OF THE INTERAGENCY TASKFORCE ON TRAF-
FICKING IN PERSONS SHALL SERVE AS A MEMBER OF THE ADVISORY COMMITTEE.
(2) THE ADVISORY COMMITTEE SHALL MEET AS OFTEN AS NECESSARY, BUT NO
LESS THAN TWO TIMES PER YEAR. THE ADVISORY COMMITTEE SHALL SELECT A
CHAIR, FROM AMONG ITS MEMBERS, BY MAJORITY VOTE OF ITS AUTHORIZED
MEMBERSHIP.
(3) THE ADVISORY COMMITTEE SHALL PREPARE A REPORT ANNUALLY AND PROVIDE
IT TO THE INTERAGENCY TASKFORCE ON TRAFFICKING IN PERSONS, THE COMMIS-
SIONER OF THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE, THE GOVER-
NOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE
ASSEMBLY. SUCH REPORT, WHICH SHALL ALSO BE AVAILABLE TO THE PUBLIC,
SHALL INCLUDE, BUT NOT BE LIMITED TO, INFORMATION CONCERNING THE FOLLOW-
ING: (I) ADEQUACIES AND DEFICIENCIES OF HUMAN TRAFFICKING SOCIAL AND
LEGAL SERVICES PROVIDERS AND PROGRAMS, INCLUDING RECOMMENDED IMPROVE-
MENTS UPON SUCH, OR FOR NEW PROGRAMS;
(II) AVAILABILITY OF PROGRAMS REGIONALLY AND STATEWIDE, INCLUDING
RECOMMENDATIONS FOR EXPANDING SERVICES IN UNDERSERVED AREAS, OR AREAS
WITH LARGE NUMBERS OF TRAFFICKING VICTIMS; AND (III) THE EFFECTS OF
ADEQUATE SERVICES, OR LACK THEREOF, ON THE ABILITY AND WILLINGNESS OF
TRAFFICKING VICTIMS TO: COOPERATE WITH LAW ENFORCEMENT, COMPLETE
SUBSTANCE ABUSE TREATMENT WHEN NECESSARY, COMPLETE EDUCATIONAL AND/OR
EMPLOYMENT TRAINING PROGRAMS, AND LIVE INDEPENDENTLY. SUCH REPORT SHALL
INCLUDE THE INFORMATION SET FORTH IN THIS PARAGRAPH AND RECOMMENDATIONS
FOR ALL TRAFFICKING VICTIMS, INCLUDING THOSE WHO QUALIFY AS SEXUALLY
EXPLOITED CHILDREN AS DEFINED IN SECTION FOUR HUNDRED FORTY-SEVEN-A OF
THIS CHAPTER. SUCH REPORT SHALL ALSO INCLUDE RECOMMENDATIONS FOR FUNDING
TO BE INCLUDED IN THE BUDGET OF THE FISCAL YEAR FOLLOWING SUCH REPORT;
A. 7474 10
SUCH FUNDING RECOMMENDATIONS SHALL BE SUBJECT TO CONSIDERATION AND
APPROVAL BY THE DIRECTOR OF BUDGET.
S 21. 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 22. 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 OR 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 23. 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 24. Subdivision 3 of section 840 of the executive law is amended by
adding a new paragraph (f-1) to read as follows:
(F-1) DEVELOPING, MAINTAINING AND DISSEMINATING, IN CONSULTATION WITH
THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE AND THE DIVISION OF
CRIMINAL 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;
A. 7474 11
S 25. 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, 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 26. 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
or less than seventeen years of age, 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 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 defendant does not controvert an allegation that
the victim of the offense was less than eighteen years of age or less
than seventeen years of age, as applicable, the court must make a find-
ing 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 or
under seventeen years of age, 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 27. 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) (I) The judgment is a conviction where the arresting charge was
under section 240.37 (loitering for the purpose of engaging in a prosti-
tution offense, provided that the defendant was not alleged to be
loitering for the purpose of patronizing a prostitute or promoting pros-
titution) 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, COMPELLING PROSTITU-
TION UNDER SECTION 230.33 OF THE PENAL LAW, or trafficking in persons
A. 7474 12
under the Trafficking Victims Protection Act (United States Code, title
22, chapter 78); provided that
[(i)]:(A) a motion under this paragraph shall be made with due dili-
gence, 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)] (B) 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, COMPELLING PROSTITUTION or trafficking in persons, but
shall not be required for granting a motion under this paragraph.
(II) SUBDIVISION ONE OF SECTION SEVEN HUNDRED SEVENTEEN AND SUBDIVI-
SION FOUR OF SECTION SEVEN HUNDRED TWENTY-TWO OF THE COUNTY LAW, AND THE
RELATED PROVISIONS OF ARTICLE EIGHTEEN-A OF SUCH LAW, SHALL APPLY TO THE
PREPARATION OF AND PROCEEDINGS ON MOTIONS PURSUANT TO THIS PARAGRAPH,
INCLUDING ANY APPEALS.
S 28. 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
ARTICLE SEVEN HUNDRED TWENTY-SIX OF THIS CHAPTER SHALL APPLY TO ALL
CASES REMOVED UNDER THIS SUBDIVISION.
(B) THE COURT MUST INFORM THE DEFENDANT OF THE AVAILABILITY OF
SERVICES UNDER SECTION FOUR HUNDRED FORTY-SEVEN-B OF THE SOCIAL SERVICES
LAW.
S 29. The criminal procedure law is amended by adding a new article
726 to read as follows:
ARTICLE 726
REMOVAL OF PROCEEDINGS AGAINST A PERSON CHARGED IN
PROSTITUTION
SECTION 726.00 APPLICABILITY.
726.05 ORDER OF REMOVAL.
726.10 REMOVAL OF ACTION.
726.15 SEALING OF RECORDS.
726.20 RECORD OF CERTAIN ACTIONS REMOVED.
S 726.00 APPLICABILITY.
THE PROVISIONS OF THIS ARTICLE APPLY IN ANY CASE WHERE A PERSON AGE
SIXTEEN OR SEVENTEEN IS ARRESTED AND CHARGED UNDER SECTION 230.00 OR
240.37 OF THE PENAL LAW.
S 726.05 ORDER OF REMOVAL.
A. 7474 13
WHEN A COURT DIRECTS THAT AN ACTION OR CHARGE IS TO BE REMOVED TO THE
FAMILY COURT THE COURT MUST ISSUE AN ORDER OF REMOVAL IN ACCORDANCE WITH
THIS SECTION. SUCH ORDER MUST BE AS FOLLOWS:
1. IT MUST PROVIDE THAT THE ACTION OR CHARGE IS TO BE REMOVED TO THE
FAMILY COURT OF THE COUNTY IN WHICH SUCH ACTION OR CHARGE WAS PENDING,
AND IT MUST SPECIFY THE SECTION PURSUANT TO WHICH THE REMOVAL IS AUTHOR-
IZED.
2. WHERE THE DIRECTION IS AUTHORIZED PURSUANT TO PARAGRAPH (A) OF
SUBDIVISION FIVE OF SECTION 170.15 OF THIS CHAPTER, IT MUST SPECIFY THE
ACT OR ACTS IT FOUND REASONABLE CAUSE TO BELIEVE THE DEFENDANT DID.
3. WHERE A SECURING ORDER HAS NOT BEEN MADE, THE ORDER OF REMOVAL MUST
PROVIDE THAT THE POLICE OFFICER OR PEACE OFFICER WHO MADE THE ARREST OR
SOME OTHER PROPER OFFICER FORTHWITH AND WITH ALL REASONABLE SPEED TAKE
THE JUVENILE TO THE DESIGNATED FAMILY COURT OR, WHERE THAT CANNOT BE
DONE, IT MUST PROVIDE FOR RELEASE OR DETENTION IN THE SAME MANNER AS
PROVIDED FOR A FAMILY COURT PROCEEDING PURSUANT TO SECTION 320.5 OF THE
FAMILY COURT ACT.
4. WHETHER OR NOT A SECURING ORDER HAS BEEN MADE, THE ORDER OF REMOVAL
MUST SPECIFY A DATE CERTAIN WITHIN FIVE DAYS FROM THE DATE OF THE ORDER
OF REMOVAL FOR THE DEFENDANT'S APPEARANCE IN THE FAMILY COURT AND WHERE
THE DEFENDANT IS IN DETENTION OR IN THE CUSTODY OF THE SHERIFF THAT DATE
MUST BE NOT LATER THAN THE NEXT DAY THE FAMILY COURT IS IN SESSION.
5. THE ORDER OF REMOVAL MUST DIRECT THAT ALL OF THE PLEADINGS AND
PROCEEDINGS IN THE ACTION, OR A CERTIFIED COPY OF SAME BE TRANSFERRED TO
THE DESIGNATED FAMILY COURT AND BE DELIVERED TO AND FILED WITH THE CLERK
OF THAT COURT. FOR THE PURPOSES OF THIS SUBDIVISION THE TERM "PLEADINGS
AND PROCEEDINGS" INCLUDES THE MINUTES OF ANY HEARING INQUIRY OR TRIAL
HELD IN THE ACTION, AND THE MINUTES OF ANY PLEA ACCEPTED AND ENTERED.
6. THE ORDER OF REMOVAL MUST BE SIGNED BY A JUDGE OR JUSTICE OF THE
COURT THAT DIRECTED THE REMOVAL.
S 726.10 REMOVAL OF ACTION.
1. WHEN AN ORDER OF REMOVAL IS FILED WITH THE FAMILY COURT A PROCEED-
ING PURSUANT TO ARTICLE THREE OF THE FAMILY COURT ACT MUST BE ORIGI-
NATED. THE FAMILY COURT THEREUPON MUST ASSUME JURISDICTION AND PROCEED
TO RENDER SUCH JUDGMENT AS THE CIRCUMSTANCES REQUIRE, IN THE MANNER AND
TO THE EXTENT PROVIDED BY LAW.
2. UPON THE FILING OF AN ORDER OF REMOVAL IN A CRIMINAL COURT THE
CRIMINAL ACTION UPON WHICH THE ORDER IS BASED SHALL BE TERMINATED, AND
THERE SHALL BE NO FURTHER CRIMINAL PROCEEDINGS IN ANY CRIMINAL COURT AS
DEFINED IN SECTION 10.10 OF THIS CHAPTER WITH RESPECT TO THE OFFENSE OR
OFFENSES CHARGED IN THE ACCUSATORY INSTRUMENT WHICH WAS THE SUBJECT OF
REMOVAL, EXCEPT AS PROVIDED FOR IN SUBDIVISION THREE OF SECTION 311.4 OF
THE FAMILY COURT ACT. ALL FURTHER PROCEEDINGS INCLUDING MOTIONS AND
APPEALS SHALL BE IN ACCORDANCE WITH LAWS APPERTAINING TO THE FAMILY
COURT AND FOR THIS PURPOSE ALL FINDINGS, DETERMINATIONS, VERDICTS AND
ORDERS OTHER THAN THE ORDER OF REMOVAL, SHALL BE DEEMED TO HAVE BEEN
MADE BY THE FAMILY COURT.
S 726.15 SEALING OF RECORDS.
EXCEPT WHERE SPECIFICALLY REQUIRED OR PERMITTED BY STATUTE OR UPON
SPECIFIC AUTHORIZATION OF THE COURT THAT DIRECTED REMOVAL OF AN ACTION
TO THE FAMILY COURT ALL OFFICIAL RECORDS AND PAPERS OF THE ACTION UP TO
AND INCLUDING THE ORDER OF REMOVAL, WHETHER ON FILE WITH THE COURT, A
POLICE AGENCY OR THE DIVISION OF CRIMINAL JUSTICE SERVICES, ARE CONFI-
DENTIAL AND MUST NOT BE MADE AVAILABLE TO ANY PERSON OR PUBLIC OR
PRIVATE AGENCY, PROVIDED HOWEVER THAT AVAILABILITY OF COPIES OF ANY SUCH
A. 7474 14
RECORDS AND PAPERS ON FILE WITH THE FAMILY COURT SHALL BE GOVERNED BY
PROVISIONS THAT APPLY TO FAMILY COURT RECORDS.
S 726.20 RECORD OF CERTAIN ACTIONS REMOVED.
1. THE PROVISIONS OF THIS SECTION SHALL APPLY IN ANY CASE WHERE AN
ORDER OF REMOVAL TO THE FAMILY COURT IS ENTERED PURSUANT TO A DIRECTION
AUTHORIZED BY SUBDIVISION FIVE OF SECTION 170.15 OF THIS CHAPTER.
2. WHEN SUCH AN ACTION IS REMOVED THE COURT THAT DIRECTED THE REMOVAL
MUST CAUSE THE FOLLOWING ADDITIONAL RECORDS TO BE FILED WITH THE CLERK
OF THE COUNTY COURT OR IN THE CITY OF NEW YORK WITH THE CLERK OF THE
SUPREME COURT OF THE COUNTY WHEREIN THE ACTION WAS PENDING AND WITH THE
DIVISION OF CRIMINAL JUSTICE SERVICES:
(A) A CERTIFIED COPY OF THE ORDER OF REMOVAL, AND
(B) ANY OTHER STATEMENT OR SUBMISSION OF ADDITIONAL INFORMATION
PERTAINING TO THE PROCEEDING IN CRIMINAL COURT IN ACCORDANCE WITH STAND-
ARDS ESTABLISHED BY THE COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE
SERVICES, SUBJECT TO THE PROVISIONS OF SUBDIVISION THREE OF THIS
SECTION.
3. IT SHALL BE THE DUTY OF SAID CLERK TO MAINTAIN A SEPARATE FILE FOR
COPIES OF ORDERS AND MINUTES FILED PURSUANT TO THIS SECTION. UPON
RECEIPT OF SUCH ORDERS AND MINUTES THE CLERK MUST PROMPTLY DELETE SUCH
PORTIONS AS WOULD IDENTIFY THE DEFENDANT, BUT THE CLERK SHALL NEVERTHE-
LESS MAINTAIN A SEPARATE CONFIDENTIAL SYSTEM TO ENABLE CORRELATION OF
THE DOCUMENTS SO FILED WITH IDENTIFICATION OF THE DEFENDANT. AFTER
MAKING SUCH DELETIONS THE ORDERS AND MINUTES SHALL BE PLACED WITHIN THE
FILE AND MUST BE AVAILABLE FOR PUBLIC INSPECTION. INFORMATION PERMITTING
CORRELATION OF ANY SUCH RECORD WITH THE IDENTITY OF ANY DEFENDANT SHALL
NOT BE DIVULGED TO ANY PERSON EXCEPT UPON ORDER OF A JUSTICE OF THE
SUPREME COURT BASED UPON A FINDING THAT THE PUBLIC INTEREST OR THE
INTERESTS OF JUSTICE WARRANT DISCLOSURE IN A PARTICULAR CAUSE FOR A
PARTICULAR CASE OR FOR A PARTICULAR PURPOSE OR USE.
S 30. Subdivision 1 of section 301.2 of the family court act, as added
by chapter 920 of the laws of 1982, is amended to read as follows:
1. "Juvenile delinquent" means a person over seven and less than
sixteen years of age, who, having committed an act that would constitute
a crime if committed by an adult, (a) is not criminally responsible for
such conduct by reason of infancy, or (b) is the defendant in an action
ordered removed from a criminal court to the family court pursuant to
article seven hundred twenty-five of the criminal procedure law. ADDI-
TIONALLY, FOR THE PURPOSES OF SECTION 311.4 OF THIS PART, JUVENILE
DELINQUENT SHALL ALSO INCLUDE A DEFENDANT IN AN ACTION ORDERED REMOVED
FROM A CRIMINAL COURT TO THE FAMILY COURT PURSUANT TO ARTICLE SEVEN
HUNDRED TWENTY-SIX OF THE CRIMINAL PROCEDURE LAW.
S 31. Subdivision 3 of section 311.4 of the family court act, as
amended by section 4 of part G of chapter 58 of the laws of 2010, is
amended to read as follows:
3. In any proceeding under this article based upon an arrest for an
act of prostitution, OR PURSUANT TO AN ORDER OF REMOVAL UNDER ARTICLE
SEVEN HUNDRED TWENTY-SIX OF THE CRIMINAL PROCEDURE LAW, there is a
presumption that the respondent meets the criteria as a victim of a
severe form of trafficking as defined in section 7105 of title 22 of the
United States Code (Trafficking Victims Protection Act of 2000). Upon
the motion of the respondent, without the consent of the presentment
agency, a petition alleging that the respondent is in need of super-
vision shall:
(A) IN A PROCEEDING ORIGINATED UNDER THIS ARTICLE, be substituted for
the delinquency petition. If, however, the respondent has been previous-
A. 7474 15
ly adjudicated as a juvenile delinquent under this article for an act
which would be a crime pursuant to article two hundred thirty of the
penal law, if the respondent was an adult, or expresses a current
unwillingness to cooperate with specialized services for sexually
exploited youth, continuing with the delinquency proceeding shall be
within the court's discretion. The necessary findings of fact to support
the continuation of the delinquency proceeding shall be reduced to writ-
ing and made part of the court record. If, subsequent to issuance of a
substitution order under this subdivision and prior to the conclusion of
the fact finding hearing on the petition alleging that the respondent is
a person in need of supervision, the respondent is not in substantial
compliance with a lawful order of the court, the court may, in its
discretion, substitute the original petition alleging that the respond-
ent is a juvenile delinquent for the petition alleging that the respond-
ent is in need of supervision[.]; OR
(B) IN AN ACTION REMOVED PURSUANT TO ARTICLE SEVEN HUNDRED TWENTY-SIX
OF THE CRIMINAL PROCEDURE LAW, BE GRANTED. IF, HOWEVER, THE RESPONDENT
HAS BEEN PREVIOUSLY ADJUDICATED AS A JUVENILE DELINQUENT UNDER THIS
ARTICLE FOR AN ACT WHICH WOULD BE A CRIME PURSUANT TO ARTICLE TWO
HUNDRED THIRTY OF THE PENAL LAW, IF THE RESPONDENT WAS AN ADULT, IF THE
RESPONDENT WAS PREVIOUSLY CONVICTED AS AN ADULT UNDER ARTICLE TWO
HUNDRED THIRTY OF THE PENAL LAW, OR EXPRESSES A CURRENT UNWILLINGNESS TO
COOPERATE WITH SPECIALIZED SERVICES FOR SEXUALLY EXPLOITED YOUTH,
CONTINUING WITH THE PERSONS IN NEED OF SUPERVISION PROCEEDING SHALL BE
WITHIN THE COURT'S DISCRETION. IF, SUBSEQUENT TO ISSUANCE OF AN ORDER
UNDER THIS PARAGRAPH AND PRIOR TO THE CONCLUSION OF THE FACT FINDING
HEARING ON THE PETITION ALLEGING THAT THE RESPONDENT IS A PERSON IN NEED
OF SUPERVISION, THE RESPONDENT IS NOT IN SUBSTANTIAL COMPLIANCE WITH A
LAWFUL ORDER OF THE COURT, THE COURT MAY, IN ITS DISCRETION REFER THE
MATTER BACK TO THE CRIMINAL COURT FROM WHICH THE ACTION WAS REMOVED.
S 32. This act shall take effect immediately; provided that the amend-
ments to section 483-ee of the social services law made by section twen-
ty of this act shall not affect the repeal of such section and shall be
deemed repealed therewith.