| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Jan 08, 2014 |
referred to codes |
| Mar 15, 2013 |
referred to codes |
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Senate Bill S4233
2013-2014 Legislative Session
Amends various provisions relating to prostitution offenses; repealer
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Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Codes 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
2013-S4233 (ACTIVE) - Details
- Current Committee:
- Senate Codes
- Law Section:
- Penal Law
- Laws Affected:
- Rpld §230.07, amd Pen L, generally; amd §§170.15, 380.50, 440.10 & 700.05, CP L; amd §§483-bb, 483-cc, 483-ee & 427-a, Soc Serv L; amd §10.03, Ment Hyg L; amd §§168-a & 168-d, Cor L; amd §§509-c & 509-cc, V & T L; amd §2324-a, Pub Health L; amd §715, RPAP L; amd §231, RP L; amd §§62, 64 & 61, Civ Rts L; amd §353, Mult Dwell L; amd §1012, Fam Ct Act; amd §14, Chap 74 of 2007
2013-S4233 (ACTIVE) - Sponsor Memo
BILL NUMBER:S4233
TITLE OF BILL: 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, the real property law, the civil
rights law, the multiple dwelling law and the family court act, in
relation to prostitution offenses; to amend chapter 74 of the laws of
2007 amending the penal law, the criminal procedure law, the
correction law, the social services law, and the executive law
relating to human trafficking, in relation to extending the
interagency task force on human trafficking for two years and to
repeal section 230.07 of the penal law relating thereto
PURPOSE: This bill improves the State's response to human trafficking
by increasing penalties, providing additional enforcement tools and
providing services to human trafficking victims. Additionally, the
bill eliminates the term "prostitute" used in the Penal Law and
replaces it with "person for prostitution."
SUMMARY OF PROVISIONS:
Section 1 amends Penal Law section 60.13 to add the offenses of
patronizing a person for prostitution in the second degree and
aggravated patronizing a minor for prostitution in the first, second,
and third degrees to the authorized dispositions for felony sex
offenses. Section 2 amends Penal Law section 70.02 to add the offenses of compelling prostitution and sex trafficking to the list of Class "B" violent felony offenses. Section 3 amends Penal Law section 70.80 to add the offenses of patronizing a person for prostitution in the second degree and aggravated patronizing a minor for prostitution in the first, second, and third degrees to the definition of the term "felony sex offense". Section 4 amends Penal Law section 135.35 to increase the felony . class for the offense of labor trafficking from a class "D" to a "B" felony. Section 5 adds new section 230.01 to the Penal Law, providing an affirmative defense to defendants charged with an offense under Penal Law sections 230.00 or 240.37 When the defendants participation in the offense was a result of the defendant having been a victim of sex trafficking under the Penal Law or a victim of trafficking in persons under the Federal trafficking victims Protection act. Sections 6, 8, and 14 amend Penal Law sections 230.02, 230.04, and 230.15, respectively, to make the sections gender neutral and to replace the term "prostitute" with the term "person for prostitution." Section 7 amends Penal Law section 230.03 to provide that the definition of the term "school zone" applies to Penal Law section 230.08, which is the offense of patronizing a person for prostitution in a school zone. Section 9 amends Penal Law section 230.05 to provide that a person is guilty of patronizing a person for prostitution in the second degree when he or she is at least 18 years old and the person being patronized is less than 15 years old. Currently, the age for the person being patronized is less than 14 years old. Section 10 amends Penal Law section 230.06 to provide that a person is guilty of patronizing a person for prostitution in the first degree when he or she is at least 18 years old and the person being patronized is less than 13 years old. Currently, the age for the person being patronized is less than 11 years old. Section 11 repeals Penal Law section 230.07 and adds new section 230.08, which creates the offense of patronizing a person for prostitution in a school zone. A person is guilty of patronizing a person for prostitution in a school zone when he or she patronizes a person for prostitution in a school zone during the hours that school is in session. The offense of patronizing a person for prostitution in a school zone is a class "E" felony. Section 12 amends Penal Law section 230.10 to replace the term "prostitute" with the term "person for prostitution." Section 13 adds three new offenses to the Penal Law. These offenses are aggravated patronizing a minor for prostitution in the first, second, and third degrees. New section 230.11 creates the crime of aggravated patronizing a minor for prostitution in the third degree, which provides that a person is guilty of this offense when he or she is at least 18 years old, patronizes a person for prostitution who is less than 18 years old, and engages in sexual intercourse, oral sexual conduct, anal sexual conduct, or aggravated sexual conduct with the person being patronized. This offense is a class "E" felony. New section 230.12 creates the crime of aggravated patronizing a minor for prostitution in the second degree, which provides that a person is guilty of this offense when he or she is at least 18 years old, patronizes a person for prostitution who is less than 15 years old, and engages in sexual intercourse, oral sexual conduct, anal sexual conduct, or aggravated sexual conduct with the person being patronized. This offense is a class "D" felony. New section 230.13 creates the crime of aggravated patronizing a minor for prostitution in the first degree, which provides that a person is guilty of this offense when he or she is at least 18 years old, patronizes a person for prostitution who is less than 13 years old, and engages in sexual intercourse, oral sexual conduct, anal sexual conduct, or aggravated sexual conduct with the person being patronized. This offense is a class "B" felony. Section 15 amends Penal Law section 230.19 to provide that a person is guilty of the offense of promoting prostitution in a school zone when he or she is at least 18 years old and knowingly advances or profits from prostitution in a school zone during the hours that school is in session. This amendment decreases the age of the actor from being at least 19 years old to being at least 18 years old and removes the requirement that the actor knew or reasonably should have known that a violation of section 230.03 would be committed in the commission of the offense. Section 16 amends Penal Law section 230.25 to provide that a person is guilty of promoting prostitution in the third degree when he or she knowingly profits from prostitution by engaging in the of business enterprise consisting of transporting a person or persons for the purposes of prostitution. Additionally, a person is guilty of promoting prostitution the third degree when he or she advances or profits from prostitution of a person less than 18 years old, instead of less than 19 years old. Section 17 amends Penal Law section 230.30 to provide that a person is guilty of promoting prostitution in the second degree when he or she advances or profits from the prostitution of a person less than 15 years old, instead of 16 years old, and to add that a person is guilty of this offense when he or she is the parent, guardian, or other person legally charged with the care and custody of a child under 18 years old and advances or profits from the prostitution of such child. Section 18 amends Penal Law section 230.32 to provide that a person is guilty of promoting prostitution in the first degree when he or she advances or profits from the prostitution of a person less than 13 years old, instead of 11 years old, and to add that a person is guilty of this offense when he or she is the parent, guardian, or other person legally charged with the care and custody of a child under 15 years old and advances or profits from the prostitution of such child. Section 19 amends Penal Law section 230.33 to provide that a person who is at least 18 years old, instead of at least 21 years old, is guilty of compelling prostitution when he or she knowingly advances prostitution by compelling a person less than 18 years old, instead of 16 years old by force or intimidation to engage in prostitution. Section 20 amends Penal Law section 230.34 to add marihuana and ecstasy (MDMA) to the list of items that, when unlawfully provided to a person being patronized for prostitution with the purpose of impairing such person's judgment will cause the actor to be guilty of the offense of sex trafficking. Additionally, this section adds that a person is guilty of this sex trafficking if he or she knowingly advances prostitution of a person less than 18 years old. Section 21 amends Penal Law section 230.35, which is accomplice liability for promoting or compelling prostitution, to provide that the when prostitution activities of a person who is less than 18 years old, instead of less than 17 years old, have been advanced, compelled, attempted to be advanced or compelled, such person shall not be liable as an accomplice. Section 22 amends Penal Law section 230.40, which is the offense of permitting prostitution, provide that a person is guilty of the offense when a person knows that a premises or vehicle in the possession or control of such person is being used for the purpose of prostitution or advancing prostitution and he or she fails to make a reasonable effort to halt such use. Currently, a person is guilty of the offense when a person knows that a premises in his or her possession or control is being used for the purpose of prostitution. Section 23 adds three new subdivisions to Penal Law section 240.37, which is loitering for the purpose of engaging in a prostitution offense. New subdivision 3 provides that a person is guilty of the offense when he or she wanders about in a public place, stops motor vehicles, or interferes with the free passage of other people for the purpose of patronizing a person for prostitution. If the person has been previously convicted of patronizing a person for prostitution or aggravated patronizing a minor for prostitution, the offense is a class "B" misdemeanor; otherwise the offense is a violation. New subdivision 4 provides that a person is guilty of this offense if wanders about, stops motor vehicles, or interferes with the free passage of other people while in a school zone for the purpose of prostitution. If the person has been previously convicted of prostitution, the offense is a class "A" misdemeanor; otherwise offense is a class "B" misdemeanor. New subdivision 5 provides that a person is guilty of this offense if the person engages in the activities described in new subdivision 4 for the purpose of patronizing a person for prostitution or aggravated patronizing a minor for prostitution. If the person has been previously convicted of patronizing a person for prostitution or aggravated patronizing a minor for prostitution, the offense is a class "A" misdemeanor; otherwise offense is a class "B" misdemeanor. Section 24 amends Criminal Procedure Law section 170.15 to require removal to Family Court when the defendant is less than 18 years old and is alleged to have engaged in any act defined in section 230.00 or section 240.37(2) or (3). Additionally, the court must inform the defendant of the availability of services under Social Services Law section 447-b. Section 25 amends Criminal Procedure Law section 380.50 add the offenses of patronizing a person for prostitution in the third degree, patronizing a person for prostitution in a school zone, and aggravated patronizing a minor for prostitution in the first, second, and third degrees to the list of offenses for which the victim must be provided with a form to elect to be notified if the defendant seeks a name change. Section 26 amends Criminal Procedure Law section 440.10 to replace the term "prostitute" with the term "person for prostitution." Section 27 Criminal Procedure Law section 700.05(8) (h) regaining eavesdropping or video surveillance warrants to add the offenses of promoting prostitution and compelling prostitution to the definition of the term "designated offenses." Section 28 amends Social Services Law section 483-bb to, when requested require The office of temporary and disability assistance (OTDA) to coordinate with assist local law enforcement agencies and district attorney's offices to access the appropriate services for a human trafficking victim and to allow OTDA to enter into contracts with non-government organizations for providing services to pre-certified victims of human trafficking regardless of whether funds are available for such purpose. Currently, OTDA may, but is not required to, coordinate with local law enforcement agencies and Districts Attorney offices to provide access to appropriate services for human trafficking victims. Additionally, under current law, OTDA may enter into contracts with nongovernment organizations "insofar as funds are available for such purpose." Section 29 amends Social Services Law section 483-cc to add established providers of social or legal services designated by OTDA or the Office for the Prevention of Domestic Violence to the list of agencies and providers that must notify OTDA and the Division of Criminal Justice Services (DCJS) when it appears that a person is a victim of human trafficking. Section 30 amends Mental Hygiene Law section 10.32(p) to add the offenses of patronizing person for prostitution in the second degree and aggravated patronizing a minor of for prostitution in the first, second, and third degrees to the definition of the term "sex offense." Section 31 amends Correction Law section 168-a(2)(a)(i) to add the offenses of patronizing a person for prostitution in a school zone, aggravated patronizing a minor for prostitution in the first, second, and third degrees, and compelling prostitution when the person being compelled is under 18 years old to the definition of the term "sex offense," for purposes of the Sex Offender Registration Act. Section 32 amends Correction Law section 168-d(1)(b) to add the offenses of patronizing a person for prostitution in the first and second degrees, patronizing a person prostitution in a school zone, and aggravated patronizing a moderate minor for prostitution in the first, second, and third degrees to the list of offenses for which the Court must conduct an inquiry into the victim's age if the defendant controverts an allegation regarding the victim's age. This section also makes amendments to correspond with the amended Penal Law provisions contained in this bill. Section 33 amends Vehicle and Traffic Law section 509-c(1)(b)(v) to add the offense of sex trafficking to the list of offenses for which, if convicted, disqualifies a person to be a bus driver for five years. Section 34 amends Vehicle and Traffic Law section 509- c(2)(b)(iv) to add the offenses of vehicular homicide and sex trafficking to the list of offenses for which, if convicted, disqualifies a person who became subject to the provisions of this section after September 15, 1985, to be a bus driver for five years. The addition of vehicular homicide is to maintain consistency with subdivision (1)(b)(v), which are the circumstances for which a person who became subject to this section on or before September 15, 1985 bus driver may be disqualified from being a bus driver for 5 years. Section 35 amends Vehicle and Traffic Law section 509-cc to add the offense of compelling prostitution to the list of offenses for which, if convicted, a person is permanently disqualified from being a school bus driver. This section also adds the offenses of patronizing a person for prostitution in the third degree, patronizing a person prostitution in a school zone, aggravated patronizing a moderate minor for prostitution in the first, second, and third degrees, and promoting prostitution in a school zone to the list of offenses for which, if convicted, a person is disqualified from being a school bus driver for 5 years. Section 36 amends Public Health Law section 2324-a to include in the list of offenses that, after two convictions within one year for activities at the property, gives rise to the presumption that the property is being used for prostitution under the Public Health Law the offenses of patronizing a person for prostitution in the first and third degrees, patronizing a person prostitution in a school zone, aggravated patronizing a minor for prostitution in the first, second, and third degrees, promoting prostitution in a school zone, promoting prostitution in the first degree, compelling prostitution, and sex trafficking. Section 37 amends Real Property Actions and Proceedings Law section 715(2) to include in the list of offenses that, after two convictions within one year for activities at the property, gives rise to the presumption that the property is being used for prostitution for purposes of an action to terminate possession of real property the offenses of patronizing a person for prostitution in the third and first degrees, patronizing a person prostitution in a school zone, aggravated patronizing a minor for prostitution in the first, second, and third degrees, promoting prostitution in a school zone, promoting prostitution in the first degree, compelling prostitution, and sex trafficking. Section 38 amends Real Property Law section 231(3) to include in the list of offenses add the offenses that, after two convictions within one year for activities at the property, gives rise to the presumption that the property is being used for prostitution for the purposes of rendering a lease void and holding a landlord liable for knowingly allowing the activities to continue under the landlord-tenant provisions of the Real Property Law the offenses of patronizing a person for prostitution in the first and third degrees, patronizing a person prostitution in a school zone, aggravated patronizing a minor for prostitution in the first, second, and third degrees, promoting prostitution in a school zone, promoting prostitution in the first degree, compelling prostitution, and sex trafficking. Section 39 amends Social Services Law section 483-ee to require that the Interagency Taskforce on Human Trafficking report to the Governor and Legislature on an annual basis, with such report being made no later than the first day of each calendar year. Such report shall include, among other things, statistics disclosing the aggregate number of human trafficking victims in the state and the aggregate number of human trafficking victims who were offered social services. These statistics are required to be broken down by age, sex, race, and type of trafficking (either labor or sex). Additionally, this report is required to provide statistics disclosing the number of prosecutions brought and convictions obtained for human trafficking offenses. Section 40 amends Penal Law section 460.10(1)(a) to add the offenses of promoting prostitution in a school zone and compelling prostitution to the definition of the term "criminal act" for purposes of Article 460, which is enterprise corruption. Section 41 amends Social Services Law section 427-a(3)(b) to exclude reports that include allegations that that the subject allowed, permitted or encouraged a child to engage in any act described in Penal Law sections 230.19 (promoting prostitution in a school zone), 230.33 (compelling prostitution), and 230.34 (sex trafficking) from inclusion in the assessment track of a differential response program. Section 42 amends Civil Rights Law section 62(2) concerning notice of petitions for a name change made by a person who is currently confined as an inmate in a correctional facility or is currently under the supervision of the Department of Corrections and Community Supervision or a County probation office and has been convicted of certain specified offenses to include the offenses of patronizing a person for prostitution in a school zone, aggravated patronizing a minor for prostitution in the first, second, and third degrees, compelling prostitution, and sex trafficking. Notice of the time and place where and when a petition made by a person convicted of any such offenses will be heard must be provided to the District Attorney of every County in which the petitioner was convicted of a felony listed in such subdivision. Section 43 amends Civil Rights Law section 64 concerning orders granting a petition for a name change where such petition states that the petitioner has been convicted of the offenses of patronizing a person for prostitution in a school zone, aggravated patronizing a minor for prostitution in the first, second, and third degrees, compelling prostitution, or sex trafficking to require the court, after publication of the name change and receipt of an affidavit of the publication, to deliver a copy of the certified order to DCJS and allow the court, after publication and receipt of the affidavit of publication, to deliver to a court of competent jurisdiction that imposed orders of support the petitioner's new name and a copy of the certified order. Section 44 amends Civil Rights Law section 61(2) concerning the contents of a petition for a change of name made by a person who is currently confined as an inmate in a correctional facility or is currently under the supervision of the Department of Corrections and Community Supervision or a County probation office and has been convicted of the offenses of patronizing a person for prostitution in a school zone, aggravated patronizing a minor for prostitution in the first, second, and third degrees, compelling prostitution, or sex trafficking to require that the petitioner include in his or her petition each conviction for such offenses, along with the date of such conviction, and the Court in which such conviction was entered. Section 45 amends Multiple Dwelling Law section 353(2) to include in the list of offenses for which two convictions in a multiple dwelling within six months will cause the dwelling to be deemed to have been used as a house of prostitution or assignation with the permission of the owner, agent or lessee, the offenses of patronizing a person for prostitution in the first, second, and third degrees, patronizing a person prostitution in a school zone, aggravated patronizing a minor for prostitution in the first, second, and third degrees, promoting prostitution in a school zone, promoting prostitution in the first degree, compelling prostitution, and sex trafficking. Section 46 amends Family Court Act section 1012(e)(iii) defining the term "abused child" to include a child whose parent or guardian allows, permits or encourages such child to engage in any act described in Penal Law sections 230.19 (promoting prostitution in a school zone), 230.33 (compelling prostitution), and 230.34 (sex trafficking). Section 47 extends Interagency Taskforce on Human Trafficking through September 1, 2016. Section 48 provides that this act shall take effect immediately; provided, however, that sections one through forty-six of this act shall take effect on the ninetieth day after it shall have become law; provided that the amendments to section 483-ee of the social services law made by section thirty-nine of this act shall not affect the expiration and repeal of such section and shall expire and be deemed repealed therewith. JUSTIFICATION: In 2007, New York began its fight against human trafficking by creating new offenses and providing a mechanism for otherwise ineligible sex trafficking and human trafficking victims to receive social services. In 2008, New York enacted the Safe Harbour for Exploited Children Act in recognition of the fact that many victims of human trafficking are children. New York's fight against human trafficking did not end in 2008; New York continues to fight against human trafficking by prosecuting the exploiters and opening new avenues for assistance to victims. Despite New York's efforts, sex trafficking continues to exist. In January 2013, a man in western New York was convicted of trafficking two girls under the age of 18 for a period of two years. Nationally, the United States Department of Justice reports that the number of sex trafficking investigations has increased each year. Hofstra University, in its 2011 study, estimated that in New York City between 2000 and 2010, nongovernmental providers of services to victims of human trafficking interacted with at least 11,268 human trafficking survivors. Of those survivors, it is estimated that 71.5% were victims of sex trafficking and 58.4% were under the age of 18. New York needs to take further steps to combat sex trafficking and protect our children. By adding the offenses of patronizing a person for prostitution in the second degree and aggravated patronizing a minor for prostitution to the definition of the term "felony sex offense," as well as requiring persons convicted of aggravated patronizing a minor for prostitution to register as sex offenders, this bill seeks to make the act of patronizing a person of any age for prostitution undesirable. Decreasing the demand for paid sex is an important step toward combating sex trafficking. This bill amends the Penal Law to acknowledge that the overwhelming majority of sex trafficking victims are forced to become sell their bodies by changing the phrases used in the prostitution offenses from soliciting a prostitute to soliciting a person for prostitution. This bill further acknowledges that many sex trafficking victims do not willingly engage in prostitution activities by providing these victims with an affirmative defense to the charge of prostitution. Finally, to help these victims become survivors, this bill allows the Office of Temporary and Disability Assistance (OTDA) enter into agreements with non-governmental providers of social and legal services that assist victims in need of social or legal services regardless of whether funding is available and requires OTDA, upon request, to coordinate with local law enforcement and District Attorney's offices to provide access to appropriate services for human trafficking victims. To increase the protection of our children, this bill creates the felony offenses of aggravated patronizing of a minor for prostitution in the first, second, and third degrees. This bill also amends the offense of patronizing a person for prostitution in the first degree to increase the age of the person being patronized from under the age of 11 to under the age of 13 and thereby increasing the penalty for 11 and 12 year old children who are being patronized. The overwhelming majority of children under the age of 13 have yet to begin high school. This increased penalty may cause a person to think twice before he or she helps rob a child of his or her childhood. To protect our neighborhoods, this bill provides that two convictions for any of the prostitution offenses involving patronizing, aggravated patronizing, promoting, or compelling prostitution, as well as sex trafficking, within the prescribed statutory period for activities occurring in a dwelling or building will give rise to the presumption that the dwelling or building is being used for prostitution activities under the Multiple Dwelling Law, Public Health Law, Real Property Actions and Procedures Law, Real Property Law by adding many of the prostitution offenses that are not currently included in those statutes. These amendments will make it easier to stop the prostitution activities that occur in dwellings and buildings in our neighborhoods. LEGISLATIVE HISTORY: Similar to S.7212 of 2012 EFFECTIVE DATE: The act shall take effect immediately; provided, however, that sections one through forty-six of this act shall take effect on the ninetieth day after it shall have become law; provided that the amendments to section 483-ee of the social services law made by section thirty-nine of this act shall not affect the expiration and repeal of such section and shall expire and be deemed repealed therewith.
2013-S4233 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
4233
2013-2014 Regular Sessions
I N S E N A T E
March 15, 2013
___________
Introduced by Sen. GOLDEN -- read twice and ordered printed, and when
printed to be committed 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, the real property law, the civil rights law, the
multiple dwelling law and the family court act, in relation to prosti-
tution offenses; to amend chapter 74 of the laws of 2007 amending the
penal law, the criminal procedure law, the correction law, the social
services law, and the executive law relating to human trafficking, in
relation to extending the interagency task force on human trafficking
for two years and to repeal section 230.07 of the penal law relating
thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. 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 SECOND DEGREE, AS DEFINED IN SECTION 230.05 OF THIS CHAP-
TER, PATRONIZING A PERSON FOR PROSTITUTION 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03210-07-3
S. 4233 2
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 2. 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, COMPELLING PROSTITUTION AS DEFINED IN SECTION 230.33,
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 3. 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 4. 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 5. The penal law is amended by adding a new section 230.01 to read
as follows:
S. 4233 3
S 230.01 PROSTITUTION; DEFENSE.
IN ANY PROSECUTION UNDER SECTION 230.00 OR SUBDIVISION THREE OF
SECTION 240.37 OF THIS PART, IT IS AN AFFIRMATIVE DEFENSE THAT THE
DEFENDANT'S PARTICIPATION IN THE OFFENSE WAS A RESULT OF HAVING BEEN A
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 6. 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 7. 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 8. 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 9. 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 10. 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 patronizes a prostitute and the person
S. 4233 4
patronized is less than eleven years of age], 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. 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 12. 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 13. 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 EIGHTEEN 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, 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 AGGRA-
VATED SEXUAL CONDUCT.
AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE FIRST DEGREE IS
A CLASS B FELONY.
S. 4233 5
S 14. 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 15. 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] EIGHTEEN 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 16. 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] EIGHTEEN years old.
S 17. 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] FIFTEEN years old; OR
S. 4233 6
3. BEING THE PARENT, GUARDIAN OR OTHER PERSON LEGALLY CHARGED WITH THE
CARE AND CUSTODY OF A CHILD LESS THAN EIGHTEEN YEARS OLD, ADVANCES OR
PROFITS FROM PROSTITUTION OF SUCH CHILD.
Promoting prostitution in the second degree is a class C felony.
S 18. 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]:
1. ADVANCES or profits from prostitution of a person less than [elev-
en] THIRTEEN years old[.]; OR
2. BEING THE PARENT, GUARDIAN OR OTHER PERSON LEGALLY CHARGED WITH THE
CARE AND CUSTODY OF A CHILD LESS THAN FIFTEEN YEARS OLD, ADVANCES OR
PROFITS FROM PROSTITUTION OF SUCH CHILD.
S 19. 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 20. 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 21. 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 22. 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 23. 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 6 and three new subdivisions 3, 4 and 5 are added to read as
follows:
S. 4233 7
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, 230.08, 230.11,
230.12, OR 230.13 OF THIS PART.
4. ANY PERSON WHO REMAINS OR WANDERS ABOUT IN A SCHOOL ZONE, AS SUCH
TERM IS DEFINED IN SECTION 230.03 OF THIS PART, AND REPEATEDLY BECKONS
TO, OR REPEATEDLY STOPS, OR REPEATEDLY ATTEMPTS TO STOP, OR REPEATEDLY
ATTEMPTS TO ENGAGE PASSERSBY IN CONVERSATION, REPEATEDLY STOPS OR
ATTEMPTS TO STOP MOTOR VEHICLES, OR REPEATEDLY INTERFERES WITH THE FREE
PASSAGE OF OTHER PERSONS, FOR THE PURPOSE OF PROSTITUTION AS THE TERM IS
DEFINED IN ARTICLE TWO HUNDRED THIRTY OF THIS PART, SHALL BE GUILTY OF A
CLASS B MISDEMEANOR AND IS GUILTY OF A CLASS A MISDEMEANOR IF SUCH
PERSON HAS PREVIOUSLY BEEN CONVICTED OF A VIOLATION OF THIS SECTION OR
OF SECTION 230.00 OF THIS PART.
5. ANY PERSON WHO REMAINS OR WANDERS ABOUT IN A SCHOOL ZONE, AS THE
TERM IS DEFINED IN SECTION 230.03 OF THIS PART, AND REPEATEDLY BECKONS
TO, OR REPEATEDLY STOPS, OR REPEATEDLY ATTEMPTS TO STOP, OR REPEATEDLY
ATTEMPTS TO ENGAGE PASSERSBY 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 CLASS B MISDEMEANOR AND IS GUILTY OF A CLASS A MISDEMEANOR IF SUCH
PERSON HAS PREVIOUSLY BEEN CONVICTED OF A VIOLATION OF THIS SECTION OR
OF SECTION 230.04, 230.05, 230.06, 230.08, 230.11, 230.12, OR 230.13 OF
THIS PART.
S 24. 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 OR THREE 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
S. 4233 8
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 FOUR HUNDRED FORTY-SEVEN-B OF THE SOCIAL SERVICES
LAW.
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 AND COMPELLING PROSTITUTION, AS DEFINED IN SECTION 230.33 OF
THE PENAL LAW;
S 28. 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, UPON REQUEST, coordi-
nate 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 office of temporary and disabil-
ity assistance may enter into contracts with non-government organiza-
tions for providing services to pre-certified victims of human traffick-
S. 4233 9
ing as defined in subdivision (b) of section four hundred
eighty-three-aa of this article[, insofar as funds are available for
that purpose]. Such services may include, but are not limited to, case
management, emergency temporary housing, health care, mental health
counseling, drug addiction screening and treatment, language interpreta-
tion and translation services, English language instruction, job train-
ing and placement assistance, post-employment services for job
retention, and services to assist the individual and any of his or her
family members to establish a permanent residence in New York state or
the United States. Nothing in this section 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 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 SECOND DEGREE, AS DEFINED IN SECTION 230.05 OF THE
PENAL LAW, PATRONIZING A PERSON FOR PROSTITUTION in the first degree as
defined in section 230.06 of the penal law, AGGRAVATED PATRONIZING A
MINOR FOR PROSTITUTION IN THE FIRST DEGREE AS DEFINED IN SECTION 230.13
OF THE PENAL LAW, AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE
SECOND DEGREE AS DEFINED IN SECTION 230.12 OF THE PENAL LAW, 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 effec-
tive 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
S. 4233 10
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 EIGHTEEN 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 or less than seventeen years
of age, as applicable] OLD, 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 or less than seventeen years of age, as
applicable] OLD, 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 or under seventeen
years of age as applicable] OLD, 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 33. Subparagraph (v) of paragraph (b) of subdivision 1 of section
509-c of the vehicle and traffic law, as amended by chapter 345 of the
laws of 2007, is amended to read as follows:
(v) has been convicted of a violation of section 120.04, 120.04-a,
125.13, 125.14 [or], 235.07 OR 230.34 of the penal law.
S 34. Subparagraph (iv) of paragraph (b) of subdivision 2 of section
509-c of the vehicle and traffic law, as amended by chapter 345 of the
laws of 2007, is amended to read as follows:
(iv) has been convicted of a violation of section 120.04, 120.04-a,
125.13 [or], 125.14, 235.07 OR 230.34 of the penal law.
S. 4233 11
S 35. Paragraphs (a) and (c) of subdivision 4 of section 509-cc of the
vehicle and traffic law, as amended by chapter 400 of the laws of 2011,
are amended to read as follows:
(a) The offenses referred to in subparagraph (ii) of paragraph (a) of
subdivision one and paragraph (a) of subdivision two of this section
that result in permanent disqualification shall include a conviction
under sections 125.12, 125.13, 125.14, 125.15, 125.20, 125.21, 125.22,
125.25, 125.26, 125.27, 130.30, 130.35, 130.45, 130.50, 130.65, 130.66,
130.67, 130.70, 130.75, 130.80, 130.90, 130.95, 130.96, 135.25, 150.20,
230.30, 230.32, 230.33, 230.34, 235.22, 263.05, 263.10, 263.11, 263.15,
263.16 of the penal law or an attempt to commit any of the aforesaid
offenses under section 110.00 of the penal law, or any offenses commit-
ted 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.
(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 36. 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, 230.32, 230.33, 230.34 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 37. 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, 230.33, 230.34, 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 subdi-
vision four of section four of the multiple dwelling law shall be
S. 4233 12
presumptive evidence of conduct constituting use of the premises for
purposes of prostitution.
S 38. 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, 230.33, 230.34
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 39. Subdivision (c) of section 483-ee of the social services law, as
added by chapter 74 of the laws of 2007, is amended to read as follows:
(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, and it shall thereafter issue such reports
[and recommendations as it deems necessary to carry out its duties and
responsibilities] NO LATER THAN THE FIRST DAY OF EACH CALENDAR YEAR.
SUCH REPORTS SHALL INCLUDE: (1) STATISTICS DISCLOSING THE AGGREGATE
NUMBER OF VICTIMS OF HUMAN TRAFFICKING IN THE STATE AND THE AGGREGATE
NUMBER OF PERSONS UNDER EIGHTEEN YEARS OF AGE WHO ARE VICTIMS OF HUMAN
TRAFFICKING, PROVIDED THAT BOTH AGGREGATE NUMBERS SHALL INCLUDE THE
DISTRIBUTION OF VICTIMS BY SEX, RACE, AND TYPE OF TRAFFICKING, WITH SUCH
TYPES BEING LABOR OR SEX; (2) STATISTICS DISCLOSING THE AGGREGATE NUMBER
OF VICTIMS OF HUMAN TRAFFICKING WHO WERE OFFERED SOCIAL SERVICES AND THE
AGGREGATE NUMBER OF VICTIMS OF HUMAN TRAFFICKING WHO ACCEPTED SOCIAL
SERVICES, PROVIDED THAT BOTH AGGREGATE NUMBERS SHALL INCLUDE THE
DISTRIBUTION OF VICTIMS RECEIVING SOCIAL SERVICES BY TYPE OF SOCIAL
SERVICE, AGE, SEX, RACE, AND TYPE OF TRAFFICKING, WITH SUCH TYPES BEING
LABOR OR SEX; (3) STATISTICS DISCLOSING THE AGGREGATE NUMBER OF CRIMINAL
PROCEEDINGS BROUGHT PURSUANT TO SECTION 130.35 OR 230.34 OF THE PENAL
LAW, THE AGGREGATE NUMBER OF CONVICTIONS BROKEN DOWN BY PENAL LAW
SECTION, AND THE DISTRIBUTION OF THE SENTENCES RECEIVED BROKEN DOWN BY
PENAL LAW SECTION; (4) UPDATES OF THE EFFECTIVENESS OF THE STATE'S
TRAINING EFFORTS THAT ARE EVALUATED PURSUANT TO PARAGRAPH SIX OF SUBDI-
VISION (B) OF THIS SECTION; (5) PROGRESS ON THE ESTABLISHMENT AND IMPLE-
MENTATION OF THE PROTOCOLS DESCRIBED IN PARAGRAPH FOUR OF SUBDIVISION
(B) OF THIS SECTION; (6) PROGRESS FOR THE DUTIES LISTED IN PARAGRAPHS
TWO, THREE, FIVE AND SEVEN OF SUBDIVISION (B) OF THIS SECTION; AND (7)
RECOMMENDATIONS TO STRENGTHEN THE STATE'S RESPONSE TO HUMAN TRAFFICKING.
S 40. 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 135.35 relating to labor traf-
ficking; 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
S. 4233 13
care fraud; article one hundred sixty relating to robbery; sections
165.45, 165.50, 165.52 and 165.54 relating to criminal possession of
stolen property; sections 165.72 and 165.73 relating to trademark coun-
terfeiting; 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 relating to hindering prosecution;
sections 210.10, 210.15, and 215.51 relating 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
230.19, 230.25, 230.30, and 230.32 relating to promoting prostitution;
SECTION 230.33 RELATING TO COMPELLING 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 41. Paragraph (b) of subdivision 3 of section 427-a of the social
services law, as added by chapter 452 of the laws of 2007, is amended to
read as follows:
(b) reports alleging that the subject allowed, permitted or encouraged
a child to engage in any act described in sections 230.19, 230.25,
230.30 [and], 230.32, 230.33 AND 230.34 of the penal law;
S 42. Subdivision 2 of section 62 of the civil rights law, as amended
by section 55 of subpart B of part C of chapter 62 of the laws of 2011,
is amended to read as follows:
2. If the petition be to change the name of a person currently
confined as an inmate in any correctional facility or currently under
the supervision of the department of corrections and community super-
vision or a county probation department as a result of a conviction 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, 230.08, 230.11, 230.12, 230.13, subdivision two
of section 230.30 [or], SECTIONS 230.32, 230.33 OR 230.34, notice of the
time and place when and where the petition will be presented shall be
served, in like manner as a notice of a motion upon an attorney in an
action, upon the district attorney of every county in which such person
has been convicted of such felony and upon the court or courts in which
the sentence for such felony was entered. Unless a shorter period of
time is ordered by the court, said notice shall be served upon each such
S. 4233 14
district attorney and court or courts not less than sixty days prior to
the date on which such petition is noticed to be heard.
S 43. The closing paragraph of section 64 of the civil rights law, as
separately amended by chapters 258, 320 and 481 of the laws of 2006, is
amended to read as follows:
Upon compliance with the order and the filing of the affidavit of the
publication, as provided in this section, the clerk of the court in
which the order has been entered shall certify that the order has been
complied with; and, if the petition states that the petitioner stands
convicted of 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, 230.08, 230.11, 230.12,
230.13, subdivision two of section 230.30 [or], SECTIONS 230.32, 230.33
OR 230.34, such clerk (1) shall deliver, by first class mail, a copy of
such certified order to the division of criminal justice services at its
office in the county of Albany and (2) upon the clerk of the court
reviewing the petitioner's application for name change and subsequent
in-court inquiry, may, in the clerk's discretion, deliver, by first
class mail, the petitioner's new name with such certified order to the
court of competent jurisdiction which imposed the orders of support.
Such certification shall appear on the original order and on any certi-
fied copy thereof and shall be entered in the clerk's minutes of the
proceeding.
S 44. Subdivision 2 of section 61 of the civil rights law, as amended
by section 54 of subpart B of part C of chapter 62 of the laws of 2011,
is amended to read as follows:
2. If the petitioner stands convicted of 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,
230.08, 230.11, 230.12, 230.13, subdivision two of section 230.30 [or],
SECTIONS 230.32, 230.33 OR 230.34, and is currently confined as an
inmate in any correctional facility or currently under the supervision
of the department of corrections and community supervision or a county
probation department as a result of such conviction, the petition shall
for each such conviction specify such felony conviction, the date of
such conviction or convictions, and the court in which such conviction
or convictions were entered.
S 45. Subdivision 2 of section 353 of the multiple dwelling law, as
amended by chapter 680 of the laws of 1967, is amended to read as
follows:
2. If there be two or more convictions in such dwelling within a peri-
od of six months, under sections 230.00, 230.04, 230.05, 230.06, 230.08,
230.11, 230.12, 230.13, 230.20, 230.25, 230.30, 230.32, 230.33 or 230.40
of the penal law.
S 46. Paragraph (iii) of subdivision (e) of section 1012 of the family
court act, as amended by chapter 320 of the laws of 2006, is amended to
read as follows:
(iii) commits, or allows to be committed an offense against such child
defined in article one hundred thirty of the penal law; allows, permits
or encourages such child to engage in any act described in sections
230.19, 230.25, 230.30 [and], 230.32, 230.33 AND 230.34 of the penal
law; commits any of the acts described in sections 255.25, 255.26 and
S. 4233 15
255.27 of the penal law; or allows such child to engage in acts or
conduct described in article two hundred sixty-three of the penal law
provided, however, that (a) the corroboration requirements contained in
the penal law and (b) the age requirement for the application of article
two hundred sixty-three of such law shall not apply to proceedings under
this article.
S 47. 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] 2016 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 48. This act shall take effect immediately; provided, however, that
sections one through forty-six of this act shall take effect on the
ninetieth day after it shall have become a law; provided that the amend-
ments to section 483-ee of the social services law made by section thir-
ty-nine of this act shall not affect the expiration and repeal of such
section and shall expire and be deemed repealed therewith.
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