senate Bill S5879B

2013-2014 Legislative Session

Enacts the trafficking victims protection and justice act

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Archive: Last Bill Status - Passed Senate


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 12, 2014 referred to codes
delivered to assembly
passed senate
ordered to third reading cal.1365
Apr 04, 2014 print number 5879b
amend and recommit to rules
Mar 10, 2014 print number 5879a
amend and recommit to rules
Jan 08, 2014 referred to rules
returned to senate
died in assembly
Jun 21, 2013 referred to codes
delivered to assembly
passed senate
ordered to third reading cal.1588
Jun 18, 2013 referred to rules

Votes

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Jun 12, 2014 - Rules committee Vote

S5879B
23
0
committee
23
Aye
0
Nay
0
Aye with Reservations
0
Absent
2
Excused
0
Abstained
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Jun 21, 2013 - Rules committee Vote

S5879
24
0
committee
24
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

Co-Sponsors

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S5879 - Bill Details

See Assembly Version of this Bill:
A2240D
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd Pen L, generally; amd §§700.05, 380.50 & 440.10, CP L; amd §§483-bb & 483-cc, Soc Serv L; amd §212, CPLR; amd §14, Chap 74 of 2007; amd §10.03, Ment Hyg L; amd §§168-a & 168-d, Cor L; amd §509-cc, add §510-d, V & T L; amd §2324-a, Pub Health L; amd §715, RPAP L; amd §231, RP L; amd §840, add §214-d, Exec L

S5879 - Bill Texts

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Enacts the trafficking victims protection and justice act.

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BILL NUMBER:S5879 REVISED 6/26/13

TITLE OF BILL: An act to amend the penal law, the criminal procedure
law, the social services law, the civil practice law and rules, the
mental hygiene law, the correction law, the vehicle and traffic law,
the public health law, the real property actions and proceedings law,
and the real property law, in relation to enacting the "trafficking
victims protection and justice act"; to amend the penal law, in
relation to prostitution in a school zone; to amend chapter 74 of the
laws of 2007 amending the penal law, the criminal procedure law, the
correction law, the social services law, and the executive law
relating to human trafficking, in relation to extending the
interagency task force on human trafficking for four years; and to
amend the executive law, in relation to human trafficking awareness

Purpose:

This bill would enact part of the New York Women's Agenda, which would
break down barriers that perpetuate discrimination and inequality
based on gender. New York State has a proud history and tradition of
leading the nation in progressive ideals and reforms This is
especially so with respect to women's rights in 1843, the women's
suffrage movement was born at the first Women's Rights Convention in
Seneca Falls, New York. From that moment in time and continuing
through today, the state has been the home of female leaders and
visionaries, from Elizabeth Cady Stanton who initiated the first
organized women's rights and women's suffrage movements, to Audre
Lorde, a leading African-American poet and essayist who gave voice to
women's issues, and Gloria Steinem, the journalist, author and
activist. These New Yorkers have served as role models for not only
their generation but for every generation to come.

Summary of Bills:

8) Human Trafficking

This bill would amend the Penal Law and several other provisions of
law to address - human trafficking. The Penal Law would be amended to:

*conform the ages of victims in certain prostitution offenses under
Article 230 to the ages of victims of rape offenses under Article 130;
*raise penalties for sex trafficking and labor trafficking, including
making significant violations of both crimes violent felonies, and
creating an aggravated labor trafficking crime;
*provide an affirmative defense for defendants being prosecuted under
prostitution and loitering statutes that the defendant's participation
was the result of being a victim of sex trafficking or compelling
prostitution;
*improve the school zone prostitution law by adding as a class E
felony the offense of patronizing a person for prostitution in a
school zone;
*eliminate the term "prostitute" and replace it with "person for
prostitution";
*add three new sections, 230.11, 230.12 and 230.13, to create three
new aggravated patronizing offenses where the person patronized is a
minor. aggravated patronizing a minor for prostitution in the third
degree, a class E felony, aggravated patronizing a minor for


prostitution in the second degree, a class D felony, and aggravated
patronizing a minor for prostitution in the first degree, a class B
felony,
*provide that a person is guilty of promoting prostitution in the
second degree if he or she knowingly advances or profits from
prostitution of a person less than 18 years old, a class C felony;
*provide that a person is guilty of promoting prostitution in the
first degree if he or she knowingly advances or profits from
prostitution of a person less than 13 years old, or, being 21 years
old or more, knowingly advances or profits " from prostitution of a
person less than 15 years old, a class B felony; and
*make the crime of compelling prostitution a class B felony when a
defendant, who is 18 years old or more, knowingly advances
prostitution by compelling a person less than 18, by force or
intimidation, to engage in prostitution.

In addition, this bill would expand the porthole for the availability
of human trafficking victim services by providing that a victim of
human trafficking may, in addition to contacting law enforcement, also
contact an established provider of social or legal services designated
by the Office of Temporary and Disability Assistance (OTDA), the
Office for the Prevention of Domestic Violence (OPDV), or the Office
of Victim Services (OVS) to become eligible for services It would also
create a civil right of action for victims of trafficking and
compelling prostitution crimes to sue their perpetrators and others in
civil court for damages; extend the interagency taskforce on human
trafficking; and provide for the suspension and revocation of Class E
drivers licenses-the license required to drive passengers for hire-for
those who are convicted of certain trafficking crimes. Finally, this
bill would also require training for law enforcement.

Existing Law:

This bill would modify existing laws regarding sex and labor
trafficking and prostitution offenses, found in the Penal Law, the
Social Services Law, and several other provisions of law.

Statement in Support:

*Strengthening Human Trafficking Laws

Human trafficking is a crime that exploits vulnerable individuals. For
both sex and labor trafficking, victims are made to act against their
will and in many cases, are forced or coerced into committing crimes.
For victims of sex trafficking, who are almost always women, the crime
is often prostitution.

While New York has one of the most comprehensive anti-human
trafficking laws in the country, this bill would strengthen the
existing law to: (a) increase penalties for trafficking; (b)expand the
scope of certain promoting prostitution crimes and the crime of
compelling prostitution, (c) create an affirmative defense in
prostitution prosecutions that a defendant's participation was a
result of having been a trafficking victim, and (d) make it easier for
trafficking victims to receive services These amendments will deter
human trafficking, make prosecution and enforcement more effective,


and solidify New York's status as a leader among the states in
protecting vulnerable individuals subject to exploitation

Budget Implications:

This bill has no budget implications for the State.

Effective Date:

This bill would take effect 90 days after enactment.

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

                                  5879

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 18, 2013
                               ___________

Introduced  by  Sens.  LANZA, GALLIVAN, SAVINO, HANNON -- (at request of
  the Governor) -- read twice and ordered printed, and when  printed  to
  be committed to the Committee on Rules

AN  ACT  to  amend the penal law, the criminal procedure law, the social
  services law, the civil practice law and  rules,  the  mental  hygiene
  law,  the  correction  law,  the  vehicle  and traffic law, the public
  health law, the real property actions and  proceedings  law,  and  the
  real  property  law,  in relation to enacting the "trafficking victims
  protection and justice act"; to amend the penal law,  in  relation  to
  prostitution in a school zone; to amend chapter 74 of the laws of 2007
  amending  the  penal  law,  the criminal procedure law, the correction
  law, the social services law, and the executive law relating to  human
  trafficking,  in  relation  to extending the interagency task force on
  human trafficking for four years; and to amend the executive  law,  in
  relation to human trafficking awareness

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

  Section 1. Short title. This act shall be known and may  be  cited  as
the "trafficking victims protection and justice act".
  S 2. Section 60.13 of the penal law, as added by chapter 7 of the laws
of 2007, is amended to read as follows:
S 60.13 Authorized dispositions; felony sex offenses.
  When  a  person  is  to  be sentenced upon a conviction for any felony
defined in article one hundred thirty of this chapter, including a sexu-
ally motivated felony, or patronizing a [prostitute] PERSON FOR  PROSTI-
TUTION in the first degree as defined in section 230.06 of this chapter,
AGGRAVATED  PATRONIZING  A MINOR FOR PROSTITUTION IN THE THIRD DEGREE AS
DEFINED IN SECTION 230.11 OF  THIS  CHAPTER,  AGGRAVATED  PATRONIZING  A
MINOR FOR PROSTITUTION IN THE SECOND DEGREE AS DEFINED IN SECTION 230.12
OF  THIS CHAPTER, AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE
FIRST DEGREE AS DEFINED IN SECTION 230.13 OF THIS CHAPTER, incest in the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12057-01-3

S. 5879                             2

second degree as defined in section 255.26 of this chapter, or incest in
the first degree as defined in section 255.27  of  this  chapter,  or  a
felony  attempt  or  conspiracy to commit any of these crimes, the court
must sentence the defendant in accordance with the provisions of section
70.80 of this title.
  S  3.  Paragraphs (a) and (c) of subdivision 1 of section 70.02 of the
penal law, paragraph (a) as amended by chapter 320 of the laws  of  2006
and  paragraph  (c)  as  amended  by  chapter 1 of the laws of 2013, are
amended to read as follows:
  (a) Class B violent felony offenses: an attempt to  commit  the  class
A-I  felonies  of  murder  in  the  second  degree as defined in section
125.25, kidnapping in the first degree as defined in section 135.25, and
arson in the first degree as defined in section 150.20; manslaughter  in
the  first  degree as defined in section 125.20, aggravated manslaughter
in the first degree as defined in section  125.22,  rape  in  the  first
degree  as  defined  in section 130.35, criminal sexual act in the first
degree as defined in section 130.50,  aggravated  sexual  abuse  in  the
first  degree  as  defined  in  section 130.70, course of sexual conduct
against a child in the  first  degree  as  defined  in  section  130.75;
assault  in the first degree as defined in section 120.10, kidnapping in
the second degree as defined in section 135.20, burglary  in  the  first
degree  as  defined  in  section  140.30,  arson in the second degree as
defined in section 150.15, robbery in the first  degree  as  defined  in
section  160.15, SEX TRAFFICKING AS DEFINED IN PARAGRAPHS (A) AND (B) OF
SUBDIVISION FIVE OF SECTION  230.34,  incest  in  the  first  degree  as
defined  in section 255.27, criminal possession of a weapon in the first
degree as defined in section 265.04, criminal use of a  firearm  in  the
first degree as defined in section 265.09, criminal sale of a firearm in
the first degree as defined in section 265.13, aggravated assault upon a
police  officer  or  a  peace officer as defined in section 120.11, gang
assault in the first degree as defined in section 120.07, intimidating a
victim or witness in the first degree  as  defined  in  section  215.17,
hindering  prosecution  of  terrorism  in the first degree as defined in
section 490.35, criminal possession of a chemical weapon  or  biological
weapon  in  the second degree as defined in section 490.40, and criminal
use of a chemical weapon or biological weapon in  the  third  degree  as
defined in section 490.47.
  (c)  Class  D violent felony offenses: an attempt to commit any of the
class C felonies set forth in paragraph (b); reckless assault of a child
as defined in section 120.02, assault in the second degree as defined in
section 120.05, menacing a police officer or peace officer as defined in
section 120.18, stalking in the first degree, as defined in  subdivision
one  of section 120.60, strangulation in the second degree as defined in
section 121.12, rape in the second degree as defined in section  130.30,
criminal  sexual  act in the second degree as defined in section 130.45,
sexual abuse in the first degree as defined in section 130.65, course of
sexual conduct against a child  in  the  second  degree  as  defined  in
section  130.80,  aggravated sexual abuse in the third degree as defined
in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
substance  as defined in section 130.90, LABOR TRAFFICKING AS DEFINED IN
PARAGRAPHS (A) AND (B) OF SUBDIVISION THREE OF SECTION 135.35,  criminal
possession  of  a  weapon  in the third degree as defined in subdivision
five, six, seven, eight, nine or ten of section 265.02, criminal sale of
a firearm in the third degree as defined in section 265.11, intimidating
a victim or witness in the second degree as defined in  section  215.16,
soliciting  or  providing  support for an act of terrorism in the second

S. 5879                             3

degree as defined in section 490.10, and making a terroristic threat  as
defined  in  section  490.20, falsely reporting an incident in the first
degree as defined in section 240.60, placing a false bomb  or  hazardous
substance  in  the  first degree as defined in section 240.62, placing a
false bomb or hazardous substance in a sports  stadium  or  arena,  mass
transportation  facility or enclosed shopping mall as defined in section
240.63, and aggravated unpermitted use of  indoor  pyrotechnics  in  the
first degree as defined in section 405.18.
  S 4. Paragraph (a) of subdivision 1 of section 70.80 of the penal law,
as  added  by  chapter  7  of  the  laws  of 2007, is amended to read as
follows:
  (a) For the purposes of this section, a "felony sex offense"  means  a
conviction  of  any felony defined in article one hundred thirty of this
chapter, including a sexually motivated felony, or patronizing a  [pros-
titute]  PERSON  FOR  PROSTITUTION  in  the  first  degree as defined in
section 230.06 of this chapter, PATRONIZING A PERSON FOR PROSTITUTION IN
THE SECOND DEGREE AS DEFINED IN SECTION 230.05 OF THIS  CHAPTER,  AGGRA-
VATED  PATRONIZING  A  MINOR  FOR  PROSTITUTION  IN  THE THIRD DEGREE AS
DEFINED IN SECTION 230.11 OF  THIS  CHAPTER,  AGGRAVATED  PATRONIZING  A
MINOR FOR PROSTITUTION IN THE SECOND DEGREE AS DEFINED IN SECTION 230.12
OF  THIS  CHAPTER,  AGGRAVATED  PATRONIZING  A MINOR FOR PROSTITUTION IN
FIRST DEGREE AS DEFINED IN SECTION 230.13 OF THIS CHAPTER, incest in the
second degree as defined in section 255.26 of this chapter, or incest in
the first degree as defined in section 255.27  of  this  chapter,  or  a
felony attempt or conspiracy to commit any of the above.
  S  5.  Section  135.35 of the penal law, as added by chapter 74 of the
laws of 2007, is amended to read as follows:
S 135.35 Labor trafficking.
  A person is guilty of labor  trafficking  if  he  or  she  compels  or
induces  another  to  engage  in labor or recruits, entices, harbors, or
transports such other person by means of intentionally:
  1. [unlawfully providing a controlled substance to  such  person  with
intent to impair said person's judgment;
  2.] requiring that the labor be performed to retire, repay, or service
a real or purported debt that the actor has caused by a systematic ongo-
ing course of conduct with intent to defraud such person;
  [3.]  2.  withholding,  destroying,  or  confiscating  any  actual  or
purported  passport,  immigration  document,  or  any  other  actual  or
purported  government  identification  document,  of another person with
intent to impair said person's freedom of movement;  provided,  however,
that  this subdivision shall not apply to an attempt to correct a social
security administration record or immigration agency record  in  accord-
ance  with  any  local, state, or federal agency requirement, where such
attempt is not made for the purpose of any express or implied threat;
  [4.] 3. using force or engaging in any  scheme,  plan  or  pattern  to
compel or induce such person to engage in or continue to engage in labor
activity  by  means  of  instilling  a  fear in such person that, if the
demand is not complied with, the actor or another will do one or more of
the following:
  (a) cause physical injury, serious physical  injury,  or  death  to  a
person; or
  (b) cause damage to property, other than the property of the actor; or
  (c)  engage  in other conduct constituting a felony or unlawful impri-
sonment in the second degree in violation  of  section  135.05  of  this
[chapter] ARTICLE; or

S. 5879                             4

  (d)  accuse some person of a crime or cause criminal charges or depor-
tation proceedings to  be  instituted  against  such  person;  provided,
however,  that  it  shall  be an affirmative defense to this subdivision
that the defendant reasonably believed the threatened charge to be  true
and  that  his or her sole purpose was to compel or induce the victim to
take reasonable action to make good the wrong which was the  subject  of
such threatened charge; or
  (e)  expose  a  secret  or publicize an asserted fact, whether true or
false, tending to subject some person to hatred, contempt  or  ridicule;
or
  (f)  testify  or provide information or withhold testimony or informa-
tion with respect to another's legal claim or defense; or
  (g) use or abuse his or her position as a public servant by performing
some act within or related to his or her official duties, or by  failing
or  refusing  to  perform  an official duty, in such manner as to affect
some person adversely.
  Labor trafficking is a class D felony.
  S 5-a. The penal law is amended by adding a new section 135.37 to read
as follows:
S 135.37 AGGRAVATED LABOR TRAFFICKING.
  A PERSON IS GUILTY OF  AGGRAVATED  LABOR  TRAFFICKING  IF  HE  OR  SHE
COMPELS  OR  INDUCES  ANOTHER  TO  ENGAGE IN LABOR OR RECRUITS, ENTICES,
HARBORS, OR TRANSPORTS SUCH OTHER PERSON TO ENGAGE IN LABOR BY MEANS  OF
INTENTIONALLY UNLAWFULLY PROVIDING A CONTROLLED SUBSTANCE TO SUCH PERSON
WITH INTENT TO IMPAIR SAID PERSON'S JUDGMENT.
  AGGRAVATED LABOR TRAFFICKING IS A CLASS C FELONY.
  S  5-b.  Paragraph (a) of subdivision 1 of section 460.10 of the penal
law, as amended by chapter 405 of the laws of 2010, is amended  to  read
as follows:
  (a)  Any  of  the felonies set forth in this chapter: sections 120.05,
120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat-
ing to strangulation; sections 125.10 to 125.27  relating  to  homicide;
sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and
135.25  relating  to  kidnapping;  [section]  SECTIONS 135.35 AND 135.37
relating to labor trafficking;  section  135.65  relating  to  coercion;
sections  140.20,  140.25  and  140.30  relating  to  burglary; sections
145.05, 145.10 and 145.12 relating to  criminal  mischief;  article  one
hundred  fifty  relating  to  arson; sections 155.30, 155.35, 155.40 and
155.42 relating to grand larceny; sections 177.10,  177.15,  177.20  and
177.25 relating to health care fraud; article one hundred sixty relating
to robbery; sections 165.45, 165.50, 165.52 and 165.54 relating to crim-
inal  possession of stolen property; sections 165.72 and 165.73 relating
to trademark counterfeiting; sections 170.10,  170.15,  170.25,  170.30,
170.40,  170.65 and 170.70 relating to forgery; sections 175.10, 175.25,
175.35, 175.40 and 210.40 relating to false statements; sections 176.15,
176.20, 176.25 and 176.30 relating to insurance fraud;  sections  178.20
and  178.25  relating  to criminal diversion of prescription medications
and prescriptions; sections  180.03,  180.08,  180.15,  180.25,  180.40,
180.45,  200.00, 200.03, 200.04, 200.10, 200.11, 200.12, 200.20, 200.22,
200.25, 200.27, 215.00, 215.05 and 215.19 relating to bribery;  sections
187.10,  187.15,  187.20  and  187.25  relating  to residential mortgage
fraud, sections 190.40 and 190.42 relating to  criminal  usury;  section
190.65 relating to schemes to defraud; sections 205.60 and 205.65 relat-
ing to hindering prosecution; sections 210.10, 210.15, and 215.51 relat-
ing  to  perjury and contempt; section 215.40 relating to tampering with
physical evidence; sections  220.06,  220.09,  220.16,  220.18,  220.21,

S. 5879                             5

220.31,  220.34,  220.39,  220.41,  220.43,  220.46,  220.55, 220.60 and
220.77 relating to controlled substances;  sections  225.10  and  225.20
relating  to  gambling;  sections 230.25, 230.30, and 230.32 relating to
promoting  prostitution;  section  230.34  relating  to sex trafficking;
sections 235.06,  235.07,  235.21  and  235.22  relating  to  obscenity;
sections 263.10 and 263.15 relating to promoting a sexual performance by
a child; sections 265.02, 265.03, 265.04, 265.11, 265.12, 265.13 and the
provisions  of  section  265.10  which  constitute  a felony relating to
firearms and other dangerous weapons; and  sections  265.14  and  265.16
relating  to  criminal  sale  of  a firearm; and section 275.10, 275.20,
275.30, or 275.40 relating  to  unauthorized  recordings;  and  sections
470.05, 470.10, 470.15 and 470.20 relating to money laundering; or
  S  5-c.  Paragraphs  (b) and (h) of subdivision 8 of section 700.05 of
the criminal procedure law, paragraph (b) as amended by chapter  405  of
the laws of 2010 and paragraph (h) as amended by chapter 154 of the laws
of 1990, are amended to read as follows:
  (b)  Any  of  the  following felonies: assault in the second degree as
defined in section 120.05 of the penal law, assault in the first  degree
as  defined in section 120.10 of the penal law, reckless endangerment in
the first degree as defined in section 120.25 of the penal law,  promot-
ing  a  suicide  attempt  as defined in section 120.30 of the penal law,
strangulation in the second degree as defined in section 121.12  of  the
penal  law,  strangulation  in  the  first  degree as defined in section
121.13 of the penal law, criminally negligent  homicide  as  defined  in
section  125.10  of  the penal law, manslaughter in the second degree as
defined in section 125.15 of the penal law, manslaughter  in  the  first
degree  as  defined  in  section  125.20 of the penal law, murder in the
second degree as defined in section 125.25 of the penal law,  murder  in
the first degree as defined in section 125.27 of the penal law, abortion
in  the  second  degree  as  defined in section 125.40 of the penal law,
abortion in the first degree as defined in section 125.45 of  the  penal
law,  rape in the third degree as defined in section 130.25 of the penal
law, rape in the second degree as defined in section 130.30 of the penal
law, rape in the first degree as defined in section 130.35 of the  penal
law,  criminal  sexual  act  in  the  third degree as defined in section
130.40 of the penal law, criminal sexual act in  the  second  degree  as
defined  in  section 130.45 of the penal law, criminal sexual act in the
first degree as defined in section 130.50 of the penal law, sexual abuse
in the first degree as defined in  section  130.65  of  the  penal  law,
unlawful  imprisonment  in the first degree as defined in section 135.10
of the penal law, kidnapping in the second degree as defined in  section
135.20  of  the  penal law, kidnapping in the first degree as defined in
section 135.25 of the penal law, labor trafficking as defined in section
135.35 of the penal law, AGGRAVATED  LABOR  TRAFFICKING  AS  DEFINED  IN
SECTION  135.37  OF  THE  PENAL LAW, custodial interference in the first
degree as defined in section 135.50 of the penal law,  coercion  in  the
first  degree  as  defined  in section 135.65 of the penal law, criminal
trespass in the first degree as defined in section 140.17 of  the  penal
law,  burglary  in  the third degree as defined in section 140.20 of the
penal law, burglary in the second degree as defined in section 140.25 of
the penal law, burglary in the first degree as defined in section 140.30
of the penal law, criminal mischief in the third degree  as  defined  in
section  145.05 of the penal law, criminal mischief in the second degree
as defined in section 145.10 of the penal law, criminal mischief in  the
first  degree  as  defined  in section 145.12 of the penal law, criminal
tampering in the first degree as defined in section 145.20 of the  penal

S. 5879                             6

law,  arson  in  the  fourth  degree as defined in section 150.05 of the
penal law, arson in the third degree as defined in section 150.10 of the
penal law, arson in the second degree as defined in  section  150.15  of
the penal law, arson in the first degree as defined in section 150.20 of
the  penal law, grand larceny in the fourth degree as defined in section
155.30 of the penal law, grand larceny in the third degree as defined in
section 155.35 of the penal law, grand larceny in the second  degree  as
defined  in  section 155.40 of the penal law, grand larceny in the first
degree as defined in section 155.42 of the penal law, health care  fraud
in  the  fourth  degree  as  defined in section 177.10 of the penal law,
health care fraud in the third degree as defined in  section  177.15  of
the  penal  law,  health  care  fraud in the second degree as defined in
section 177.20 of the penal law, health care fraud in the  first  degree
as  defined  in  section  177.25  of the penal law, robbery in the third
degree as defined in section 160.05 of the penal  law,  robbery  in  the
second  degree as defined in section 160.10 of the penal law, robbery in
the first degree as defined in section 160.15 of the penal law, unlawful
use of secret scientific material as defined in section  165.07  of  the
penal  law,  criminal possession of stolen property in the fourth degree
as defined in section 165.45 of the penal law,  criminal  possession  of
stolen  property in the third degree as defined in section 165.50 of the
penal law, criminal possession of stolen property in the  second  degree
as  defined  by  section 165.52 of the penal law, criminal possession of
stolen property in the first degree as defined by section 165.54 of  the
penal  law,  trademark counterfeiting in the second degree as defined in
section 165.72 of the penal law, trademark counterfeiting in  the  first
degree  as  defined  in  section 165.73 of the penal law, forgery in the
second degree as defined in section 170.10 of the penal law, forgery  in
the first degree as defined in section 170.15 of the penal law, criminal
possession  of  a  forged  instrument in the second degree as defined in
section 170.25 of the penal law, criminal possession of a forged instru-
ment in the first degree as defined in section 170.30 of the penal  law,
criminal  possession  of forgery devices as defined in section 170.40 of
the penal law, falsifying  business  records  in  the  first  degree  as
defined  in  section  175.10  of  the  penal  law, tampering with public
records in the first degree as defined in section 175.25  of  the  penal
law,  offering  a  false  instrument  for  filing in the first degree as
defined in section 175.35 of the penal law, issuing a false  certificate
as  defined  in  section  175.40 of the penal law, criminal diversion of
prescription medications and  prescriptions  in  the  second  degree  as
defined  in  section  178.20  of  the  penal  law, criminal diversion of
prescription medications  and  prescriptions  in  the  first  degree  as
defined  in  section 178.25 of the penal law, residential mortgage fraud
in the fourth degree as defined in section  187.10  of  the  penal  law,
residential  mortgage  fraud  in  the third degree as defined in section
187.15 of the penal law, residential mortgage fraud in the second degree
as defined in section 187.20 of  the  penal  law,  residential  mortgage
fraud in the first degree as defined in section 187.25 of the penal law,
escape  in  the  second degree as defined in section 205.10 of the penal
law, escape in the first degree as defined  in  section  205.15  of  the
penal  law,  absconding  from  temporary  release in the first degree as
defined in section 205.17 of the penal law, promoting prison  contraband
in  the  first  degree  as  defined  in section 205.25 of the penal law,
hindering prosecution in the second degree as defined in section  205.60
of  the  penal law, hindering prosecution in the first degree as defined
in section 205.65 of the  penal  law,  sex  trafficking  as  defined  in

S. 5879                             7

section  230.34 of the penal law, criminal possession of a weapon in the
third degree as defined in subdivisions two, three and five  of  section
265.02  of  the penal law, criminal possession of a weapon in the second
degree  as  defined  in  section  265.03  of  the  penal  law,  criminal
possession of a weapon in the first degree as defined in section  265.04
of  the penal law, manufacture, transport, disposition and defacement of
weapons and dangerous instruments and appliances defined as felonies  in
subdivisions  one,  two,  and  three of section 265.10 of the penal law,
sections 265.11, 265.12 and 265.13 of the penal law, or  prohibited  use
of  weapons as defined in subdivision two of section 265.35 of the penal
law, relating to firearms and other dangerous  weapons,  or  failure  to
disclose  the  origin  of  a recording in the first degree as defined in
section 275.40 of the penal law;
  (h) Promoting prostitution in the first degree, as defined in  section
230.32 of the penal law, promoting prostitution in the second degree, as
defined by subdivision one of section 230.30 of the penal law, PROMOTING
PROSTITUTION  IN  THE  THIRD DEGREE, AS DEFINED IN SECTION 230.25 OF THE
PENAL LAW;
  S 6. The penal law is amended by adding a new section 230.01  to  read
as follows:
S 230.01 PROSTITUTION; AFFIRMATIVE DEFENSE.
  IN ANY PROSECUTION UNDER SECTION 230.00, SECTION 230.03 OR SUBDIVISION
TWO  OF  SECTION  240.37 OF THIS PART, IT IS AN AFFIRMATIVE DEFENSE THAT
THE DEFENDANT'S PARTICIPATION IN THE OFFENSE WAS A RESULT OF HAVING BEEN
A VICTIM OF COMPELLING PROSTITUTION UNDER SECTION 230.33,  A  VICTIM  OF
SEX  TRAFFICKING  UNDER  SECTION  230.34  OF THIS ARTICLE OR A VICTIM OF
TRAFFICKING IN PERSONS UNDER  THE  TRAFFICKING  VICTIMS  PROTECTION  ACT
(UNITED STATES CODE, TITLE 22, CHAPTER 78).
  S  7.  The  section heading and subdivision 1 of section 230.02 of the
penal law, as amended by chapter 627 of the laws of 1978, are amended to
read as follows:
  Patronizing a [prostitute] PERSON FOR PROSTITUTION; definitions.
  1. A person patronizes a [prostitute] PERSON FOR PROSTITUTION when:
  (a) Pursuant to a prior understanding, he OR SHE pays a fee to another
person as compensation for such person or a third person having  engaged
in sexual conduct with him OR HER; or
  (b)  He  OR SHE pays or agrees to pay a fee to another person pursuant
to an understanding that in return  therefor  such  person  or  a  third
person will engage in sexual conduct with him OR HER; or
  (c)  He OR SHE solicits or requests another person to engage in sexual
conduct with him OR HER in return for a fee.
  S 8. Subdivision 2 of section 230.03 of the penal  law,  as  added  by
chapter 191 of the laws of 2011, is amended to read as follows:
  2. For the purposes of this section, SECTION 230.08 and section 230.19
of  this  article, "school zone" means (a) in or on or within any build-
ing, structure, athletic playing field,  playground  or  land  contained
within  the real property boundary line of a public or private elementa-
ry, parochial, intermediate, junior high, vocational, or high school, or
(b) any public  sidewalk,  street,  parking  lot,  park,  playground  or
private  land, located immediately adjacent to the boundary line of such
school.
  S 9. Section 230.04 of the penal law, as amended by chapter 74 of  the
laws of 2007, is amended to read as follows:
S 230.04 Patronizing a [prostitute] PERSON FOR PROSTITUTION in the third
           degree.

S. 5879                             8

  A  person is guilty of patronizing a [prostitute] PERSON FOR PROSTITU-
TION in the third degree when he or she patronizes a [prostitute] PERSON
FOR PROSTITUTION.
  Patronizing a [prostitute] PERSON FOR PROSTITUTION in the third degree
is a class A misdemeanor.
  S  10. Section 230.05 of the penal law, as added by chapter 627 of the
laws of 1978, is amended to read as follows:
S 230.05 Patronizing a  [prostitute]  PERSON  FOR  PROSTITUTION  in  the
           second degree.
  A  person is guilty of patronizing a [prostitute] PERSON FOR PROSTITU-
TION in the second degree when, being [over] eighteen years [of age] OLD
OR MORE, he OR SHE patronizes a [prostitute] PERSON FOR PROSTITUTION and
the person patronized is less than [fourteen]  FIFTEEN  years  [of  age]
OLD.
  Patronizing  a  [prostitute]  PERSON  FOR  PROSTITUTION  in the second
degree is a class E felony.
  S 11. Section 230.06 of the penal law, as added by chapter 627 of  the
laws of 1978, is amended to read as follows:
S 230.06 Patronizing a [prostitute] PERSON FOR PROSTITUTION in the first
           degree.
  A  person is guilty of patronizing a [prostitute] PERSON FOR PROSTITU-
TION in the first degree when [he]:
  1. HE OR SHE patronizes a [prostitute] PERSON FOR PROSTITUTION and the
person patronized is less than eleven years [of age] OLD; OR
  2. BEING EIGHTEEN YEARS OLD OR MORE, HE OR SHE PATRONIZES A PERSON FOR
PROSTITUTION AND THE PERSON PATRONIZED IS LESS THAN THIRTEEN YEARS OLD.
  Patronizing a [prostitute] PERSON FOR PROSTITUTION in the first degree
is a class D felony.
  S 11-a. Section 230.07 of the penal law, as amended by chapter  74  of
the laws of 2007, is amended to read as follows:
S 230.07 Patronizing a [prostitute] PERSON FOR PROSTITUTION; defense.
  In any prosecution for patronizing a [prostitute] PERSON FOR PROSTITU-
TION  in the first or second degrees OR PATRONIZING A PERSON FOR PROSTI-
TUTION IN A SCHOOL ZONE, it is a defense that the defendant did not have
reasonable grounds to believe that the person  was  less  than  the  age
specified.
  S  12. The penal law is amended by adding a new section 230.08 to read
as follows:
S 230.08 PATRONIZING A PERSON FOR PROSTITUTION IN A SCHOOL ZONE.
  1. A PERSON IS GUILTY OF PATRONIZING A PERSON FOR  PROSTITUTION  IN  A
SCHOOL  ZONE  WHEN,  BEING  TWENTY-ONE  YEARS OF AGE OR OLDER, HE OR SHE
PATRONIZES A PERSON FOR PROSTITUTION AND THE PERSON PATRONIZED  IS  LESS
THAN  EIGHTEEN  YEARS OF AGE AT A PLACE THAT HE OR SHE KNOWS, OR REASON-
ABLY SHOULD KNOW, IS IN A SCHOOL ZONE.
  2. FOR PURPOSES OF THIS SECTION,  "SCHOOL  ZONE"  SHALL  MEAN  "SCHOOL
ZONE" AS DEFINED IN SUBDIVISION TWO OF SECTION 230.03 OF THIS ARTICLE.
  PATRONIZING  A  PERSON  FOR PROSTITUTION IN A SCHOOL ZONE IS A CLASS E
FELONY.
  S 13. The section heading and the opening paragraph of section  230.10
of the penal law are amended to read as follows:
  Prostitution  and  patronizing a [prostitute] PERSON FOR PROSTITUTION;
no defense.
  In any prosecution for  prostitution  or  patronizing  a  [prostitute]
PERSON  FOR  PROSTITUTION,  the  sex  of  the two parties or prospective
parties to the sexual conduct engaged in, contemplated or  solicited  is
immaterial, and it is no defense that:

S. 5879                             9

  S  14.  The  penal law is amended by adding three new sections 230.11,
230.12 and 230.13 to read as follows:
S 230.11 AGGRAVATED  PATRONIZING  A  MINOR FOR PROSTITUTION IN THE THIRD
           DEGREE.
  A PERSON IS GUILTY OF AGGRAVATED PATRONIZING A MINOR FOR  PROSTITUTION
IN  THE THIRD DEGREE WHEN, BEING TWENTY-ONE YEARS OLD OR MORE, HE OR SHE
PATRONIZES A PERSON FOR PROSTITUTION AND THE PERSON PATRONIZED  IS  LESS
THAN SEVENTEEN YEARS OLD AND THE PERSON GUILTY OF PATRONIZING ENGAGES IN
SEXUAL  INTERCOURSE, ORAL SEXUAL CONDUCT, ANAL SEXUAL CONDUCT, OR AGGRA-
VATED SEXUAL CONDUCT AS THOSE TERMS ARE DEFINED  IN  SECTION  130.00  OF
THIS PART.
  AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE THIRD DEGREE IS
A CLASS E FELONY.
S 230.12 AGGRAVATED  PATRONIZING  A MINOR FOR PROSTITUTION IN THE SECOND
           DEGREE.
  A PERSON IS GUILTY OF AGGRAVATED PATRONIZING A MINOR FOR  PROSTITUTION
IN  THE  SECOND DEGREE WHEN, BEING EIGHTEEN YEARS OLD OR MORE, HE OR SHE
PATRONIZES A PERSON FOR PROSTITUTION AND THE PERSON PATRONIZED  IS  LESS
THAN  FIFTEEN  YEARS OLD AND THE PERSON GUILTY OF PATRONIZING ENGAGES IN
SEXUAL INTERCOURSE, ORAL SEXUAL CONDUCT, ANAL SEXUAL CONDUCT, OR  AGGRA-
VATED  SEXUAL  CONDUCT  AS  THOSE TERMS ARE DEFINED IN SECTION 130.00 OF
THIS PART.
  AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE  SECOND  DEGREE
IS A CLASS D FELONY.
S 230.13 AGGRAVATED  PATRONIZING  A  MINOR FOR PROSTITUTION IN THE FIRST
           DEGREE.
  A PERSON IS GUILTY OF AGGRAVATED PATRONIZING A MINOR FOR  PROSTITUTION
IN  THE FIRST DEGREE WHEN HE OR SHE PATRONIZES A PERSON FOR PROSTITUTION
AND THE PERSON PATRONIZED IS LESS THAN ELEVEN YEARS OLD, OR BEING  EIGH-
TEEN  YEARS  OLD OR MORE, HE OR SHE PATRONIZES A PERSON FOR PROSTITUTION
AND THE PERSON PATRONIZED IS LESS  THAN  THIRTEEN  YEARS  OLD,  AND  THE
PERSON  GUILTY OF PATRONIZING ENGAGES IN SEXUAL INTERCOURSE, ORAL SEXUAL
CONDUCT, ANAL SEXUAL CONDUCT, OR  AGGRAVATED  SEXUAL  CONDUCT  AS  THOSE
TERMS ARE DEFINED IN SECTION 130.00 OF THIS PART.
  AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE FIRST DEGREE IS
A CLASS B FELONY.
  S  15.  Subdivisions  1  and  2 of section 230.15 of the penal law are
amended to read as follows:
  1. "Advance prostitution."  A  person  "advances  prostitution"  when,
acting  other  than  as  a  [prostitute]  PERSON IN PROSTITUTION or as a
patron thereof, he OR SHE knowingly causes or aids a person to commit or
engage in prostitution, procures or solicits patrons  for  prostitution,
provides  persons  or  premises  for  prostitution purposes, operates or
assists in the operation of a house of prostitution  or  a  prostitution
enterprise,  or  engages in any other conduct designed to institute, aid
or facilitate an act or enterprise of prostitution.
  2. "Profit from prostitution." A person  "profits  from  prostitution"
when, acting other than as a [prostitute] PERSON IN PROSTITUTION receiv-
ing  compensation  for  personally rendered prostitution services, he OR
SHE accepts or receives money or other property pursuant to an agreement
or understanding with any person whereby he OR SHE participates or is to
participate in the proceeds of prostitution activity.
  S 16. Subdivision 1 of section 230.19 of the penal law,  as  added  by
chapter 191 of the laws of 2011, is amended to read as follows:
  1. A person is guilty of promoting prostitution in a school zone when,
being  nineteen  years [of age] OLD or [older] MORE, he or she knowingly

S. 5879                            10

advances or profits from prostitution that he or she knows or reasonably
should know is or will be committed in violation of  section  230.03  of
this  article  in  a  school  zone  during  the  hours that school is in
session.
  S 17. The opening paragraph and subdivision 1 of section 230.25 of the
penal  law,  the opening paragraph as amended by chapter 627 of the laws
of 1978 and subdivision 1 as amended by chapter 74 of the laws of  2007,
are amended to read as follows:
  A  person is guilty of promoting prostitution in the third degree when
he OR SHE knowingly:
  1. Advances or profits from  prostitution  by  managing,  supervising,
controlling  or  owning,  either  alone or in association with others, a
house of prostitution or a prostitution business or enterprise involving
prostitution activity by two or more [prostitutes] PERSONS IN  PROSTITU-
TION, or a business that sells travel-related services knowing that such
services include or are intended to facilitate travel for the purpose of
patronizing  a  [prostitute]  PERSON  FOR  PROSTITUTION,  including to a
foreign jurisdiction and regardless of the legality of  prostitution  in
said foreign jurisdiction; or
  S  18.  Section  230.30 of the penal law, as amended by chapter 627 of
the laws of 1978, is amended to read as follows:
S 230.30 Promoting prostitution in the second degree.
  A person is guilty of promoting prostitution in the second degree when
he OR SHE knowingly:
  1. Advances prostitution by compelling a person  by  force  or  intim-
idation to engage in prostitution, or profits from such coercive conduct
by another; or
  2.  Advances  or  profits  from  prostitution  of  a  person less than
[sixteen] EIGHTEEN years old.
  Promoting prostitution in the second degree is a class C felony.
  S 19. The first undesignated paragraph of section 230.32 of the  penal
law,  as added by chapter 627 of the laws of 1978, is amended to read as
follows:
  A person is guilty of promoting prostitution in the first degree  when
he OR SHE:
  1.  knowingly  advances  or profits from prostitution of a person less
than [eleven] THIRTEEN years old; OR
  2. BEING TWENTY-ONE YEARS OLD OR MORE, HE OR SHE KNOWINGLY ADVANCES OR
PROFITS FROM PROSTITUTION OF A PERSON LESS THAN FIFTEEN YEARS OF AGE.
  S 20. Section 230.33 of the penal law, as added by chapter 450 of  the
laws of 2005, is amended to read as follows:
S 230.33 Compelling prostitution.
  A person is guilty of compelling prostitution when, being [twenty-one]
EIGHTEEN  years  [of  age  or  older]  OLD  OR MORE, he or she knowingly
advances prostitution by compelling a person less than  [sixteen]  EIGH-
TEEN years old, by force or intimidation, to engage in prostitution.
  Compelling prostitution is a class B felony.
  S 21. Intentionally omitted.
  S  22.  Section  230.35 of the penal law, as amended by chapter 450 of
the laws of 2005, is amended to read as follows:
S 230.35 Promoting or compelling prostitution; accomplice.
  In a prosecution for promoting prostitution  or  compelling  prostitu-
tion,  a  person  less than [seventeen] EIGHTEEN years [of age] OLD from
whose prostitution activity another person is alleged to  have  advanced
or  attempted to advance or profited or attempted to profit shall not be
deemed to be an accomplice.

S. 5879                            11

  S 23. The first undesignated paragraph of section 230.40 of the  penal
law is amended to read as follows:
  A  person is guilty of permitting prostitution when, having possession
or control of premises OR VEHICLE which he OR SHE knows are  being  used
for  prostitution purposes OR FOR THE PURPOSE OF ADVANCING PROSTITUTION,
he OR SHE fails to make reasonable effort to halt or abate such use.
  S 24. Subdivision 2 of section 240.37 of the penal law,  as  added  by
chapter 344 of the laws of 1976, is amended, and subdivision 3 is renum-
bered subdivision 4 and a new subdivision 3 is added to read as follows:
  2.  Any  person  who  remains  or  wanders about in a public place and
repeatedly beckons to, or repeatedly stops, or  repeatedly  attempts  to
stop,  or  repeatedly  attempts to engage passers-by in conversation, or
repeatedly stops or attempts  to  stop  motor  vehicles,  or  repeatedly
interferes  with  the  free passage of other persons, for the purpose of
prostitution[, or of patronizing a prostitute as  those  terms  are]  AS
THAT  TERM  IS  defined in article two hundred thirty of [the penal law]
THIS PART, shall be guilty of a violation and is guilty  of  a  class  B
misdemeanor  if such person has previously been convicted of a violation
of this section or of [sections] SECTION  230.00  [or  230.05]  of  [the
penal law] THIS PART.
  3.  ANY  PERSON  WHO  REMAINS  OR  WANDERS ABOUT IN A PUBLIC PLACE AND
REPEATEDLY BECKONS TO, OR REPEATEDLY STOPS, OR  REPEATEDLY  ATTEMPTS  TO
STOP,  OR  REPEATEDLY  ATTEMPTS TO ENGAGE PASSERS-BY IN CONVERSATION, OR
REPEATEDLY STOPS OR ATTEMPTS  TO  STOP  MOTOR  VEHICLES,  OR  REPEATEDLY
INTERFERES  WITH  THE  FREE PASSAGE OF OTHER PERSONS, FOR THE PURPOSE OF
PATRONIZING A PERSON FOR PROSTITUTION AS DEFINED IN  SECTION  230.02  OF
THIS  PART,  SHALL  BE  GUILTY OF A VIOLATION AND IS GUILTY OF A CLASS B
MISDEMEANOR IF SUCH PERSON HAS PREVIOUSLY BEEN CONVICTED OF A  VIOLATION
OF  THIS  SECTION OR OF SECTION 230.04, 230.05, 230.06 OR 230.08 OF THIS
PART.
  S 25. Subdivision 6 of section 380.50 of the criminal  procedure  law,
as  amended  by  chapter  320 of the laws of 2006, is amended to read as
follows:
  6. Regardless of whether the victim requests to make a statement  with
regard to the defendant's sentence, where the defendant is sentenced for
a violent felony offense as defined in section 70.02 of the penal law or
a  felony  defined in article one hundred twenty-five of such law or any
of the following provisions of such law sections 130.25, 130.30, 130.40,
130.45, 255.25, 255.26, 255.27, article two hundred sixty-three, 135.10,
135.25, 230.05, 230.06,  230.11,  230.12,  230.13,  subdivision  two  of
section 230.30 or 230.32, the prosecutor shall, within sixty days of the
imposition  of  sentence,  provide  the  victim with a form on which the
victim may indicate a demand to be informed of any  petition  to  change
the  name  of  such  defendant.   Such forms shall be maintained by such
prosecutor. Upon receipt of a notice of a petition to change the name of
any such defendant, pursuant to subdivision two of section sixty-two  of
the civil rights law, the prosecutor shall promptly notify the victim at
the  most current address or telephone number provided by such victim in
the most reasonable and expedient possible manner of the time and  place
such petition will be presented to the court.
  S 26. Paragraph (i) of subdivision 1 of section 440.10 of the criminal
procedure  law,  as added by chapter 332 of the laws of 2010, is amended
to read as follows:
  (i) The judgment is a conviction where the arresting charge was  under
section  240.37 (loitering for the purpose of engaging in a prostitution
offense, provided that the defendant was not alleged to be loitering for

S. 5879                            12

the purpose of patronizing a prostitute or  promoting  prostitution)  or
230.00  (prostitution)  OR  230.03 of the penal law, and the defendant's
participation in the offense was a result of having been a victim of sex
trafficking  under  section  230.34  of the penal law, LABOR TRAFFICKING
UNDER SECTION 135.35 OF THE  PENAL  LAW,  AGGRAVATED  LABOR  TRAFFICKING
UNDER  SECTION  135.37  OF  THE PENAL LAW, COMPELLING PROSTITUTION UNDER
SECTION 230.33 OF THE PENAL LAW, or trafficking  in  persons  under  the
Trafficking  Victims Protection Act (United States Code, title 22, chap-
ter 78); provided that
  (i) a motion under this paragraph shall be made  with  due  diligence,
after  the  defendant  has  ceased to be a victim of such trafficking OR
COMPELLING PROSTITUTION CRIME or has sought services for victims of such
trafficking OR COMPELLING  PROSTITUTION  CRIME,  subject  to  reasonable
concerns  for the safety of the defendant, family members of the defend-
ant, or other victims of such  trafficking  OR  COMPELLING  PROSTITUTION
CRIME  that  may  be  jeopardized by the bringing of such motion, or for
other reasons consistent with the purpose of this paragraph; and
  (ii) official documentation of the defendant's status as a  victim  of
[sex]  trafficking, COMPELLING PROSTITUTION or trafficking in persons at
the time of the offense from a federal, state or local government agency
shall create a presumption that the  defendant's  participation  in  the
offense was a result of having been a victim of sex trafficking, COMPEL-
LING  PROSTITUTION  or trafficking in persons, but shall not be required
for granting a motion under this paragraph.
  S 27. Intentionally omitted.
  S 28. Section 483-bb of the social services law is amended by adding a
new subdivision (c) to read as follows:
  (C) AN INDIVIDUAL WHO IS A VICTIM OF THE CONDUCT PROHIBITED BY SECTION
230.33, 230.34, 135.35 OR 135.37 OF THE PENAL  LAW  MAY  BRING  A  CIVIL
ACTION  AGAINST THE PERPETRATOR OR WHOEVER KNOWINGLY ADVANCES OR PROFITS
FROM, OR WHOEVER SHOULD HAVE KNOWN HE OR SHE WAS ADVANCING OR  PROFITING
FROM, AN ACT IN VIOLATION OF SECTION 230.33, 230.34, 135.35 OR 135.37 OF
THE PENAL LAW TO RECOVER DAMAGES AND REASONABLE ATTORNEY'S FEES.
  S  29.  Section  212 of the civil practice law and rules is amended by
adding a new subdivision (e) to read as follows:
  (E) BY A VICTIM OF SEX TRAFFICKING, COMPELLING PROSTITUTION, OR  LABOR
TRAFFICKING.  AN ACTION BY A VICTIM OF SEX TRAFFICKING, COMPELLING PROS-
TITUTION, LABOR TRAFFICKING OR  AGGRAVATED  LABOR  TRAFFICKING,  BROUGHT
PURSUANT  TO  SUBDIVISION (C) OF SECTION FOUR HUNDRED EIGHTY-THREE-BB OF
THE SOCIAL SERVICES LAW, MAY BE COMMENCED WITHIN TEN  YEARS  AFTER  SUCH
VICTIMIZATION  OCCURS PROVIDED, HOWEVER, THAT SUCH TEN YEAR PERIOD SHALL
NOT BEGIN TO RUN AND SHALL BE TOLLED DURING  ANY  PERIOD  IN  WHICH  THE
VICTIM IS OR REMAINS SUBJECT TO SUCH CONDUCT.
  S 30. Subdivision (a) of section 483-cc of the social services law, as
added by chapter 74 of the laws of 2007, is amended to read as follows:
  (a)  As  soon as practicable after a first encounter with a person who
reasonably appears to a law enforcement agency [or a],  district  attor-
ney's  office,  OR  AN  ESTABLISHED PROVIDER OF SOCIAL OR LEGAL SERVICES
DESIGNATED BY THE OFFICE OF TEMPORARY AND AND DISABILITY  ASSISTANCE  OR
THE  OFFICE  FOR  THE  PREVENTION  OF DOMESTIC VIOLENCE OR THE OFFICE OF
VICTIM SERVICES to be a human trafficking victim, that [agency  or]  LAW
ENFORCEMENT AGENCY OR DISTRICT ATTORNEY'S office shall notify the office
of  temporary  and  disability  assistance  and the division of criminal
justice services that such person may be  eligible  for  services  under
this  article  OR,  IN  THE CASE OF AN ESTABLISHED PROVIDER OF SOCIAL OR
LEGAL SERVICES, SHALL NOTIFY THE  OFFICE  OF  TEMPORARY  AND  DISABILITY

S. 5879                            13

ASSISTANCE  AND THE DIVISION OF CRIMINAL JUSTICE SERVICES IF SUCH VICTIM
CONSENTS TO SEEKING SERVICES PURSUANT TO THIS ARTICLE.
  S 31. Intentionally omitted.
  S 32. Section 14 of chapter 74 of the laws of 2007, amending the penal
law, the criminal procedure law, the correction law, the social services
law,  and the executive law relating to human trafficking, as amended by
chapter 24 of the laws of 2011, is amended to read as follows:
  S 14.   This act shall take effect  on  the  first  of  November  next
succeeding  the  date on which it shall have become a law; provided that
section 483-ee of the social services law, as added by section eleven of
this act, shall take effect immediately and shall remain in  full  force
and  effect  until  September  1,  [2013]  2017  when upon such date the
provisions  of  such  section  shall  expire  and  be  deemed  repealed.
Provided,  effective  immediately, the addition, amendment and/or repeal
of any rule or regulation necessary for the timely implementation of the
provisions of article 10-D of the  social  services  law,  as  added  by
section  eleven  of this act, on its effective date are authorized to be
made on or before such effective date.
  S 33. Subdivision (p) of section 10.03 of the mental hygiene  law,  as
added by chapter 7 of the laws of 2007, is amended to read as follows:
  (p)  "Sex  offense"  means an act or acts constituting: (1) any felony
defined in article one hundred thirty of  the  penal  law,  including  a
sexually  motivated  felony;  (2)  patronizing a [prostitute] PERSON FOR
PROSTITUTION in the first degree as defined in  section  230.06  of  the
penal  law, AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE FIRST
DEGREE AS DEFINED IN SECTION 230.13 OF THE PENAL LAW, AGGRAVATED PATRON-
IZING A MINOR FOR PROSTITUTION  IN  THE  SECOND  DEGREE  AS  DEFINED  IN
SECTION  230.12  OF  THE  PENAL  LAW, AGGRAVATED PATRONIZING A MINOR FOR
PROSTITUTION IN THE THIRD DEGREE AS DEFINED IN  SECTION  230.11  OF  THE
PENAL  LAW,  incest in the second degree as defined in section 255.26 of
the penal law, or incest in the  first  degree  as  defined  in  section
255.27  of  the  penal law; (3) a felony attempt or conspiracy to commit
any of the foregoing offenses set forth in this subdivision;  or  (4)  a
designated  felony,  as  defined  in subdivision (f) of this section, if
sexually motivated and committed prior to the  effective  date  of  this
article.
  S  34.  Subparagraph  (i) of paragraph (a) of subdivision 2 of section
168-a of the correction law, as amended by chapter 405 of  the  laws  of
2008, is amended to read as follows:
  (i)  a  conviction  of or a conviction for an attempt to commit any of
the provisions of  sections  120.70,  130.20,  130.25,  130.30,  130.40,
130.45, 130.60, 230.34, 250.50, 255.25, 255.26 and 255.27 or article two
hundred  sixty-three of the penal law, or section 135.05, 135.10, 135.20
or 135.25 of such law relating  to  kidnapping  offenses,  provided  the
victim  of  such  kidnapping  or  related offense is less than seventeen
years old and the offender is not the parent of the victim,  or  section
230.04, where the person patronized is in fact less than seventeen years
of  age,  230.05  [or], 230.06, [or] 230.11, 230.12, 230.13, subdivision
two of section 230.30, [or] section 230.32 [or], 230.33,  OR  230.34  of
the penal law, OR SECTION 230.25 OF THE PENAL LAW WHERE THE PERSON PROS-
TITUTED IS IN FACT LESS THAN SEVENTEEN YEARS OLD, or
  S  35.  Paragraph  (b)  of  subdivision  1  of  section  168-d  of the
correction law, as amended by chapter 74 of the laws of 2007, is amended
to read as follows:
  (b) Where a defendant stands convicted of an offense defined in  para-
graph  (b)  of  subdivision  two of section one hundred sixty-eight-a of

S. 5879                            14

this article or where the  defendant  was  convicted  of  patronizing  a
[prostitute]  PERSON  FOR PROSTITUTION in the third degree under section
230.04 of the penal law and the defendant controverts an allegation that
the  victim  of  such offense was less than eighteen years of age or, in
the case of a conviction under section 230.04 of  the  penal  law,  less
than  seventeen years of age, the court, without a jury, shall, prior to
sentencing, conduct a hearing, and the people may  prove  by  clear  and
convincing  evidence  that  the  victim was less than eighteen years [of
age] OLD or less than seventeen years [of age] OLD,  as  applicable,  by
any  evidence  admissible  under  the rules applicable to a trial of the
issue of guilt. The court in addition to such  admissible  evidence  may
also  consider  reliable  hearsay  evidence  submitted  by  either party
provided that it is relevant to the determination  of  the  age  of  the
victim. Facts concerning the age of the victim proven at trial or ascer-
tained  at  the time of entry of a plea of guilty shall be deemed estab-
lished by clear and convincing evidence and shall not be relitigated. At
the conclusion of the hearing, or if the defendant does  not  controvert
an  allegation  that  the  victim  of the offense was less than eighteen
years [of age] OLD or less than seventeen years [of age] OLD, as  appli-
cable,  the  court  must make a finding and enter an order setting forth
the age of the victim. If the  court  finds  that  the  victim  of  such
offense  was  under eighteen years [of age] OLD or under seventeen years
[of age] OLD, as applicable, the court shall certify the defendant as  a
sex  offender, the provisions of paragraph (a) of this subdivision shall
apply and the defendant shall register with the division  in  accordance
with the provisions of this article.
  S  36. Paragraph (c) of subdivision 4 of section 509-cc of the vehicle
and traffic law, as amended by chapter 400  of  the  laws  of  2011,  is
amended to read as follows:
  (c)  The  offenses referred to in subparagraph (i) of paragraph (b) of
subdivision one and subparagraph (i) of paragraph (c) of subdivision two
of this section that result in disqualification for  a  period  of  five
years  shall include a conviction under sections 100.10, 105.13, 115.05,
120.03,  120.04,  120.04-a,  120.05,  120.10,  120.25,  121.12,  121.13,
125.40,  125.45, 130.20, 130.25, 130.52, 130.55, 135.10, 135.55, 140.17,
140.25, 140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06,  220.09,
220.16,  220.31, 220.34, 220.60, 220.65, 221.30, 221.50, 221.55, 230.00,
230.05, 230.06, 230.11, 230.12, 230.13, 230.19, 230.20, 235.05,  235.06,
235.07,  235.21,  240.06,  245.00,  260.10,  subdivision  two of section
260.20 and sections 260.25,  265.02,  265.03,  265.08,  265.09,  265.10,
265.12, 265.35 of the penal law or an attempt to commit any of the afor-
esaid  offenses  under  section  110.00 of the penal law, or any similar
offenses committed under a former section  of  the  penal  law,  or  any
offenses  committed  under a former section of the penal law which would
constitute violations of the aforesaid sections of the penal law, or any
offenses committed outside this state which would constitute  violations
of the aforesaid sections of the penal law.
  S 36-a. The vehicle and traffic law is amended by adding a new section
510-d to read as follows:
  S  510-D. SUSPENSION AND REVOCATION OF CLASS E DRIVER'S LICENSES. 1. A
CLASS E DRIVER'S LICENSE SHALL BE SUSPENDED BY THE  COMMISSIONER  FOR  A
PERIOD  OF  ONE  YEAR  WHERE  THE  HOLDER IS CONVICTED OF A VIOLATION OF
SECTION 230.20, 230.25, 230.30, 230.32, 230.34 OR 230.40  OF  THE  PENAL
LAW AND THE HOLDER USED A FOR HIRE MOTOR VEHICLE TO COMMIT SUCH CRIME.
  2.  A CLASS E DRIVER'S LICENSE MAY BE REVOKED BY THE COMMISSIONER WHEN
THE HOLDER, WHO HAD HIS OR HER DRIVER'S LICENSE SUSPENDED UNDER SUBDIVI-

S. 5879                            15

SION ONE OF THIS SECTION WITHIN THE LAST TEN YEARS, IS  CONVICTED  OF  A
SECOND  VIOLATION  OF  SECTION 230.20, 230.25, 230.30, 230.32, 230.34 OR
230.40 OF THE PENAL LAW AND THE HOLDER USED A FOR HIRE MOTOR VEHICLE  TO
COMMIT SUCH CRIME.
  3.  ANY  REVOCATION OR SUSPENSION OF A CLASS E DRIVER'S LICENSE ISSUED
PURSUANT TO THIS ARTICLE SHALL BE APPLICABLE ONLY TO THAT PORTION OF THE
HOLDER'S DRIVER'S LICENSE OR PRIVILEGE WHICH PERMITS THE OPERATION OF  A
MOTOR  VEHICLE  TRANSPORTING  PASSENGERS  FOR HIRE, AND THE COMMISSIONER
SHALL IMMEDIATELY ISSUE  A  LICENSE,  OTHER  THAN  A  CLASS  E  DRIVER'S
LICENSE, TO SUCH PERSON, PROVIDED THAT SUCH PERSON IS OTHERWISE ELIGIBLE
TO  RECEIVE  SUCH LICENSE AND FURTHER PROVIDED THAT ISSUING A LICENSE TO
SUCH PERSON DOES NOT CREATE A SUBSTANTIAL TRAFFIC SAFETY HAZARD.
  4. THE PROVISIONS OF THIS SECTION SHALL NOT BE  CONSTRUED  TO  PREVENT
ANY PERSON WHO HAS THE AUTHORITY TO SUSPEND OR REVOKE A LICENSE TO DRIVE
OR  PRIVILEGE  OF OPERATING PURSUANT TO SECTION FIVE HUNDRED TEN OF THIS
ARTICLE FROM EXERCISING ANY SUCH AUTHORITY.
  S 37. Section 2324-a of the public health law, as amended  by  chapter
260 of the laws of 1978, is amended to read as follows:
  S  2324-a.  Presumptive evidence.  For the purposes of this title, two
or more convictions of any person or persons had, within a period of one
year, for any of the  offenses  described  in  section  230.00,  230.05,
230.06,  230.08,  230.11, 230.12, 230.13, 230.20, 230.25 [or], 230.30 OR
230.32 of the penal law arising out of conduct engaged in  at  the  same
real property consisting of a dwelling as that term is defined in subdi-
vision  four  of  section  four  of  the  multiple dwelling law shall be
presumptive evidence of conduct constituting use  of  the  premises  for
purposes of prostitution.
  S  38.  Subdivision  2 of section 715 of the real property actions and
proceedings law, as added by chapter 494 of the laws of 1976, is amended
to read as follows:
  2. For purposes of this section, two or more convictions of any person
or persons had, within a period of one year, for  any  of  the  offenses
described  in  section  230.00,  230.05, 230.06, 230.11, 230.12, 230.13,
230.20, 230.25, 230.30, 230.32 or 230.40 of the penal law arising out of
conduct engaged in at the same real property consisting of a dwelling as
that term is defined in subdivision four of section four of the multiple
dwelling law shall be presumptive evidence of conduct  constituting  use
of the premises for purposes of prostitution.
  S  39.  Subdivision  3  of  section  231  of the real property law, as
amended by chapter 203 of the laws  of  1980,  is  amended  to  read  as
follows:
  3.  For  the  purposes of this section, two or more convictions of any
person or persons had, within a period of  one  year,  for  any  of  the
offenses  described  in  section 230.00, 230.05, 230.06, 230.11, 230.12,
230.13, 230.20, 230.25, 230.30, 230.32 or 230.40 of the penal law  aris-
ing  out  of  conduct  engaged  in  at the same premises consisting of a
dwelling as that term is defined in subdivision four of section four  of
the  multiple dwelling law shall be presumptive evidence of unlawful use
of such premises and of the owners knowledge of the same.
  S 40. Subdivision 3 of section 840 of the executive law is amended  by
adding a new paragraph (f-1) to read as follows:
  (F-1)  DEVELOP,  MAINTAIN  AND  DISSEMINATE,  IN CONSULTATION WITH THE
OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE AND THE DIVISION OF CRIMI-
NAL JUSTICE SERVICES, WRITTEN POLICIES AND  PROCEDURES  REGARDING  HUMAN
TRAFFICKING VICTIMS. SUCH POLICIES AND PROCEDURES SHALL INCLUDE, BUT NOT
BE LIMITED TO THE FOLLOWING: (1) THE IDENTIFICATION OF POTENTIAL VICTIMS

S. 5879                            16

OF   HUMAN   TRAFFICKING,   AS   DEFINED   UNDER  SECTION  FOUR  HUNDRED
EIGHTY-THREE-AA OF THE SOCIAL SERVICES LAW; AND (2)  INFORMATION  AND/OR
REFERRAL  TO  APPROPRIATE SOCIAL AND LEGAL SERVICES FOR VICTIMS OF HUMAN
TRAFFICKING  IN  ACCORDANCE WITH SECTION FOUR HUNDRED EIGHTY-THREE-BB OF
THE SOCIAL SERVICES LAW;
  S 41. The executive law is amended by adding a new  section  214-d  to
read as follows:
  S 214-D. HUMAN TRAFFICKING AWARENESS. THE SUPERINTENDENT, IN CONSULTA-
TION  WITH  THE  OFFICE  OF  TEMPORARY AND DISABILITY ASSISTANCE AND THE
DIVISION OF CRIMINAL JUSTICE SERVICES, SHALL: (1) DEVELOP, MAINTAIN  AND
DISSEMINATE TO ALL MEMBERS OF THE STATE POLICE, INCLUDING NEW AND VETER-
AN  OFFICERS,  WRITTEN  POLICIES,  PROCEDURES  AND EDUCATIONAL MATERIALS
RELATING TO HUMAN TRAFFICKING VICTIMS, INCLUDING SERVICES AVAILABLE  FOR
VICTIMS  OF  HUMAN  TRAFFICKING,  AS  REFERENCED IN SECTION FOUR HUNDRED
EIGHTY-THREE-BB OF THE SOCIAL SERVICES LAW; AND (2) ESTABLISH AND IMPLE-
MENT WRITTEN PROCEDURES AND POLICIES IN THE EVENT A MEMBER OF THE  DIVI-
SION OF STATE POLICE ENCOUNTERS AN INDIVIDUAL BELIEVED TO BE A VICTIM OF
HUMAN  TRAFFICKING,  WHICH  SHALL  INCLUDE,  BUT  NOT BE LIMITED TO, THE
PROVISION OF INFORMATION AND/OR REFERRAL TO AN APPROPRIATE  PROVIDER  OF
SOCIAL  AND  LEGAL  SERVICES TO HUMAN TRAFFICKING VICTIMS, IN ACCORDANCE
WITH SUCH SECTION FOUR HUNDRED EIGHTY-THREE-BB.
  S 42. Severability clause. If any clause, sentence, paragraph,  subdi-
vision,  section  or  part  of  this act shall be adjudged by a court of
competent jurisdiction to be invalid, such judgment  shall  not  affect,
impair or invalidate the remainder thereof, but shall be confined in its
operation  to  the  clause, sentence, paragraph, subdivision, section or
part thereof directly involved in the controversy in which such judgment
shall have been rendered. It is hereby declared to be the intent of  the
legislature  that  this act would have been enacted even if such invalid
provisions had not been included herein.
  S 43. This act shall take effect on the ninetieth day after  it  shall
have become a law.

Co-Sponsors

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S5879A - Bill Details

See Assembly Version of this Bill:
A2240D
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd Pen L, generally; amd §§700.05, 380.50 & 440.10, CP L; amd §§483-bb & 483-cc, Soc Serv L; amd §212, CPLR; amd §14, Chap 74 of 2007; amd §10.03, Ment Hyg L; amd §§168-a & 168-d, Cor L; amd §509-cc, add §510-d, V & T L; amd §2324-a, Pub Health L; amd §715, RPAP L; amd §231, RP L; amd §840, add §214-d, Exec L

S5879A - Bill Texts

view summary

Enacts the trafficking victims protection and justice act.

view sponsor memo
BILL NUMBER:S5879A

TITLE OF BILL: An act to amend the penal law, the criminal procedure
law, the social services law, the civil practice law and rules, the
mental hygiene law, the correction law, the vehicle and traffic law, the
public health law, the real property actions and proceedings law, and
the real property law, in relation to enacting the "trafficking victims
protection and justice act"; to amend the penal law, in relation to
prostitution in a school zone; to amend chapter 74 of the laws of 2007
amending the penal law, the criminal procedure law, the correction law,
the social services law, and the executive law relating to human traf-
ficking, in relation to extending the interagency task force on human
trafficking for four years; and to amend the executive law, in relation
to human trafficking awareness

PURPOSE: This bill would enact the "Trafficking Victims Protection and
Justice Act"

SUMMARY OF PROVISIONS: This bill would amend the Penal Law and several
other provisions of law to address - human trafficking. The Penal Law
would be amended to:

* conform the ages of victims in certain prostitution offenses under
Article 230 to the ages of victims of rape offenses under Article 130;

* raise penalties for sex trafficking and labor trafficking, including
making significant violations of both crimes violent felonies, and
creating an aggravated labor trafficking crime;

* provide an affirmative defense for defendants being prosecuted under
prostitution and loitering statutes that the defendant's participation
was the result of being a victim of sex trafficking or compelling pros-
titution;

* improve the school zone prostitution law by adding as a class E felony
the offense of patronizing a person for prostitution in a school zone;

* eliminate the term "prostitute" and replace it with "person for pros-
titution";

* add three new sections, 230.11, 230.12 and 230.13, to create three new
aggravated patronizing offenses where the person patronized is a minor,
aggravated patronizing a minor for prostitution in the third degree, a
class E felony, aggravated patronizing a minor for prostitution in the
second degree, a class D felony, and aggravated patronizing a minor for
prostitution in the first degree, a class B felony;

* provide that a person is guilty of promoting prostitution in the
second degree if he or she knowingly advances or profits from prostitu-
tion of a person less than 18 years old, a class C felony;

* provide that a person is guilty of promoting prostitution in the first
degree if he or she knowingly advances or profits from prostitution of a
person less than 13 years old, or, being 21 years old or more, knowingly
advances or profits from prostitution of a person less than 15 years
old, a class B felony; and

* make the crime of compelling prostitution a class B felony when a
defendant, who is 18 years old or more, knowingly advances prostitution
by compelling a person less than 18, by force or intimidation, to engage
in prostitution.

In addition, this bill would expand the porthole for the availability of
human trafficking victim services by providing that a victim of human
trafficking may, in addition to contacting law enforcement, also contact
an established provider of social or legal services designated by the
Office of Temporary and Disability Assistance (OTDA), the Office for the
Prevention of Domestic Violence (OPDV), or the Office of Victim Services
(OVS) to become eligible for services.

It would also create a civil right of action for victims of trafficking
and compelling prostitution crimes to sue their perpetrators and others
in civil court for damages; extend the interagency taskforce on human
trafficking; and provide for the suspension and revocation of Class E
drivers licenses-the license required to drive passengers for hire-for
those who are convicted of certain trafficking crimes. Finally, this
bill would also require training for law enforcement.

EXISTING LAW: This bill would modify existing laws regarding sex and
labor trafficking and prostitution offenses, found in the Penal Law, the
Social Services Law, and several other provisions of law.

STATEMENT IN SUPPORT:

* Strengthening Human Trafficking Laws

Human trafficking is a crime that exploits vulnerable individuals. For
both sex and labor trafficking, victims are made to act against their
will and in many cases, are forced or coerced into committing crimes.
For victims of sex trafficking, who are almost always women, the crime
is often prostitution.

While New York has one of the most comprehensive anti-human trafficking
laws in the country, this bill would strengthen the existing law to: (a)
increase penalties for trafficking; (b) expand the scope of certain
promoting prostitution crimes and the crime of compelling prostitution,
(c) create an affirmative defense in prostitution prosecutions that a
defendant's participation was a result of having been a trafficking
victim, and (d) make it easier for trafficking victims to receive
services. These amendments will deter human trafficking, make prose-
cution and enforcement more effective, and solidify New York's status as
a leader among the states in protecting vulnerable individuals subject
to exploitation.

BUDGET IMPLICATIONS: This bill has no budget implications for the
State.

EFFECTIVE DATE: This bill would take effect 90 days after enactment.

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

                                 5879--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 18, 2013
                               ___________

Introduced by Sens. LANZA, GALLIVAN, SAVINO, HANNON, CARLUCCI, GRISANTI,
  LARKIN, MARTINS -- read twice and ordered printed, and when printed to
  be committed to the Committee on Rules -- recommitted to the Committee
  on  Rules  in  accordance  with  Senate  Rule  6,  sec. 8 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the penal law, the criminal procedure  law,  the  social
  services  law,  the  civil  practice law and rules, the mental hygiene
  law, the correction law, the  vehicle  and  traffic  law,  the  public
  health  law,  the  real  property actions and proceedings law, and the
  real property law, in relation to enacting  the  "trafficking  victims
  protection  and  justice  act"; to amend the penal law, in relation to
  prostitution in a school zone; to amend chapter 74 of the laws of 2007
  amending the penal law, the criminal  procedure  law,  the  correction
  law,  the social services law, and the executive law relating to human
  trafficking, in relation to extending the interagency  task  force  on
  human  trafficking  for four years; and to amend the executive law, in
  relation to human trafficking awareness

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

  Section  1.  Short  title. This act shall be known and may be cited as
the "trafficking victims protection and justice act".
  S 2. Section 60.13 of the penal law, as added by chapter 7 of the laws
of 2007, is amended to read as follows:
S 60.13 Authorized dispositions; felony sex offenses.
  When a person is to be sentenced upon  a  conviction  for  any  felony
defined in article one hundred thirty of this chapter, including a sexu-
ally  motivated felony, or patronizing a [prostitute] PERSON FOR PROSTI-
TUTION in the first degree as defined in section 230.06 of this chapter,
AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE THIRD  DEGREE  AS
DEFINED  IN  SECTION  230.11  OF  THIS CHAPTER, AGGRAVATED PATRONIZING A

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12057-05-4

S. 5879--A                          2

MINOR FOR PROSTITUTION IN THE SECOND DEGREE AS DEFINED IN SECTION 230.12
OF THIS CHAPTER, AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN  THE
FIRST DEGREE AS DEFINED IN SECTION 230.13 OF THIS CHAPTER, incest in the
second degree as defined in section 255.26 of this chapter, or incest in
the  first  degree  as  defined  in section 255.27 of this chapter, or a
felony attempt or conspiracy to commit any of these  crimes,  the  court
must sentence the defendant in accordance with the provisions of section
70.80 of this title.
  S  3.  Paragraphs (a) and (c) of subdivision 1 of section 70.02 of the
penal law, paragraph (a) as amended by chapter 320 of the laws  of  2006
and  paragraph  (c)  as  amended  by  chapter 1 of the laws of 2013, are
amended to read as follows:
  (a) Class B violent felony offenses: an attempt to  commit  the  class
A-I  felonies  of  murder  in  the  second  degree as defined in section
125.25, kidnapping in the first degree as defined in section 135.25, and
arson in the first degree as defined in section 150.20; manslaughter  in
the  first  degree as defined in section 125.20, aggravated manslaughter
in the first degree as defined in section  125.22,  rape  in  the  first
degree  as  defined  in section 130.35, criminal sexual act in the first
degree as defined in section 130.50,  aggravated  sexual  abuse  in  the
first  degree  as  defined  in  section 130.70, course of sexual conduct
against a child in the  first  degree  as  defined  in  section  130.75;
assault  in the first degree as defined in section 120.10, kidnapping in
the second degree as defined in section 135.20, burglary  in  the  first
degree  as  defined  in  section  140.30,  arson in the second degree as
defined in section 150.15, robbery in the first  degree  as  defined  in
section  160.15, SEX TRAFFICKING AS DEFINED IN PARAGRAPHS (A) AND (B) OF
SUBDIVISION FIVE OF SECTION  230.34,  incest  in  the  first  degree  as
defined  in section 255.27, criminal possession of a weapon in the first
degree as defined in section 265.04, criminal use of a  firearm  in  the
first degree as defined in section 265.09, criminal sale of a firearm in
the first degree as defined in section 265.13, aggravated assault upon a
police  officer  or  a  peace officer as defined in section 120.11, gang
assault in the first degree as defined in section 120.07, intimidating a
victim or witness in the first degree  as  defined  in  section  215.17,
hindering  prosecution  of  terrorism  in the first degree as defined in
section 490.35, criminal possession of a chemical weapon  or  biological
weapon  in  the second degree as defined in section 490.40, and criminal
use of a chemical weapon or biological weapon in  the  third  degree  as
defined in section 490.47.
  (c)  Class  D violent felony offenses: an attempt to commit any of the
class C felonies set forth in paragraph (b); reckless assault of a child
as defined in section 120.02, assault in the second degree as defined in
section 120.05, menacing a police officer or peace officer as defined in
section 120.18, stalking in the first degree, as defined in  subdivision
one  of section 120.60, strangulation in the second degree as defined in
section 121.12, rape in the second degree as defined in section  130.30,
criminal  sexual  act in the second degree as defined in section 130.45,
sexual abuse in the first degree as defined in section 130.65, course of
sexual conduct against a child  in  the  second  degree  as  defined  in
section  130.80,  aggravated sexual abuse in the third degree as defined
in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
substance  as defined in section 130.90, LABOR TRAFFICKING AS DEFINED IN
PARAGRAPHS (A) AND (B) OF SUBDIVISION THREE OF SECTION 135.35,  criminal
possession  of  a  weapon  in the third degree as defined in subdivision
five, six, seven, eight, nine or ten of section 265.02, criminal sale of

S. 5879--A                          3

a firearm in the third degree as defined in section 265.11, intimidating
a victim or witness in the second degree as defined in  section  215.16,
soliciting  or  providing  support for an act of terrorism in the second
degree  as defined in section 490.10, and making a terroristic threat as
defined in section 490.20, falsely reporting an incident  in  the  first
degree  as  defined in section 240.60, placing a false bomb or hazardous
substance in the first degree as defined in section  240.62,  placing  a
false  bomb  or  hazardous  substance in a sports stadium or arena, mass
transportation facility or enclosed shopping mall as defined in  section
240.63,  and  aggravated  unpermitted  use of indoor pyrotechnics in the
first degree as defined in section 405.18.
  S 4. Paragraph (a) of subdivision 1 of section 70.80 of the penal law,
as added by chapter 7 of the  laws  of  2007,  is  amended  to  read  as
follows:
  (a)  For  the purposes of this section, a "felony sex offense" means a
conviction of any felony defined in article one hundred thirty  of  this
chapter,  including a sexually motivated felony, or patronizing a [pros-
titute] PERSON FOR PROSTITUTION  in  the  first  degree  as  defined  in
section 230.06 of this chapter, PATRONIZING A PERSON FOR PROSTITUTION IN
THE  SECOND  DEGREE AS DEFINED IN SECTION 230.05 OF THIS CHAPTER, AGGRA-
VATED PATRONIZING A MINOR  FOR  PROSTITUTION  IN  THE  THIRD  DEGREE  AS
DEFINED  IN  SECTION  230.11  OF  THIS CHAPTER, AGGRAVATED PATRONIZING A
MINOR FOR PROSTITUTION IN THE SECOND DEGREE AS DEFINED IN SECTION 230.12
OF THIS CHAPTER, AGGRAVATED PATRONIZING  A  MINOR  FOR  PROSTITUTION  IN
FIRST DEGREE AS DEFINED IN SECTION 230.13 OF THIS CHAPTER, incest in the
second degree as defined in section 255.26 of this chapter, or incest in
the  first  degree  as  defined  in section 255.27 of this chapter, or a
felony attempt or conspiracy to commit any of the above.
  S 5. Section 135.35 of the penal law, as added by chapter  74  of  the
laws of 2007, is amended to read as follows:
S 135.35 Labor trafficking.
  A  person  is  guilty  of  labor  trafficking  if he or she compels or
induces another to engage in labor or  recruits,  entices,  harbors,  or
transports such other person by means of intentionally:
  1.  [unlawfully  providing  a controlled substance to such person with
intent to impair said person's judgment;
  2.] requiring that the labor be performed to retire, repay, or service
a real or purported debt that the actor has caused by a systematic ongo-
ing course of conduct with intent to defraud such person;
  [3.]  2.  withholding,  destroying,  or  confiscating  any  actual  or
purported  passport,  immigration  document,  or  any  other  actual  or
purported government identification document,  of  another  person  with
intent  to  impair said person's freedom of movement; provided, however,
that this subdivision shall not apply to an attempt to correct a  social
security  administration  record or immigration agency record in accord-
ance with any local, state, or federal agency  requirement,  where  such
attempt is not made for the purpose of any express or implied threat;
  [4.]  3.  using  force  or  engaging in any scheme, plan or pattern to
compel or induce such person to engage in or continue to engage in labor
activity by means of instilling a fear  in  such  person  that,  if  the
demand is not complied with, the actor or another will do one or more of
the following:
  (a)  cause  physical  injury,  serious  physical injury, or death to a
person; or
  (b) cause damage to property, other than the property of the actor; or

S. 5879--A                          4

  (c) engage in other conduct constituting a felony or  unlawful  impri-
sonment  in  the  second  degree  in violation of section 135.05 of this
[chapter] ARTICLE; or
  (d)  accuse some person of a crime or cause criminal charges or depor-
tation proceedings to  be  instituted  against  such  person;  provided,
however,  that  it  shall  be an affirmative defense to this subdivision
that the defendant reasonably believed the threatened charge to be  true
and  that  his or her sole purpose was to compel or induce the victim to
take reasonable action to make good the wrong which was the  subject  of
such threatened charge; or
  (e)  expose  a  secret  or publicize an asserted fact, whether true or
false, tending to subject some person to hatred, contempt  or  ridicule;
or
  (f)  testify  or provide information or withhold testimony or informa-
tion with respect to another's legal claim or defense; or
  (g) use or abuse his or her position as a public servant by performing
some act within or related to his or her official duties, or by  failing
or  refusing  to  perform  an official duty, in such manner as to affect
some person adversely.
  Labor trafficking is a class D felony.
  S 6. The penal law is amended by adding a new section 135.37  to  read
as follows:
S 135.37 AGGRAVATED LABOR TRAFFICKING.
  A  PERSON  IS  GUILTY  OF  AGGRAVATED  LABOR  TRAFFICKING IF HE OR SHE
COMPELS OR INDUCES ANOTHER TO ENGAGE  IN  LABOR  OR  RECRUITS,  ENTICES,
HARBORS,  OR TRANSPORTS SUCH OTHER PERSON TO ENGAGE IN LABOR BY MEANS OF
INTENTIONALLY UNLAWFULLY PROVIDING A CONTROLLED SUBSTANCE TO SUCH PERSON
WITH INTENT TO IMPAIR SAID PERSON'S JUDGMENT.
  AGGRAVATED LABOR TRAFFICKING IS A CLASS C FELONY.
  S 7. Paragraph (a) of subdivision 1 of section  460.10  of  the  penal
law,  as  amended by chapter 405 of the laws of 2010, is amended to read
as follows:
  (a) Any of the felonies set forth in this  chapter:  sections  120.05,
120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat-
ing  to  strangulation;  sections 125.10 to 125.27 relating to homicide;
sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and
135.25 relating to kidnapping;  [section]  SECTIONS  135.35  AND  135.37
relating  to  labor  trafficking;  section  135.65 relating to coercion;
sections 140.20,  140.25  and  140.30  relating  to  burglary;  sections
145.05,  145.10  and  145.12  relating to criminal mischief; article one
hundred fifty relating to arson; sections  155.30,  155.35,  155.40  and
155.42  relating  to  grand larceny; sections 177.10, 177.15, 177.20 and
177.25 relating to health care fraud; article one hundred sixty relating
to robbery; sections 165.45, 165.50, 165.52 and 165.54 relating to crim-
inal possession of stolen property; sections 165.72 and 165.73  relating
to  trademark  counterfeiting;  sections 170.10, 170.15, 170.25, 170.30,
170.40, 170.65 and 170.70 relating to forgery; sections 175.10,  175.25,
175.35, 175.40 and 210.40 relating to false statements; sections 176.15,
176.20,  176.25  and 176.30 relating to insurance fraud; sections 178.20
and 178.25 relating to criminal diversion  of  prescription  medications
and  prescriptions;  sections  180.03,  180.08,  180.15, 180.25, 180.40,
180.45, 200.00, 200.03, 200.04, 200.10, 200.11, 200.12, 200.20,  200.22,
200.25,  200.27, 215.00, 215.05 and 215.19 relating to bribery; sections
187.10, 187.15, 187.20  and  187.25  relating  to  residential  mortgage
fraud,  sections  190.40  and 190.42 relating to criminal usury; section
190.65 relating to schemes to defraud; sections 205.60 and 205.65 relat-

S. 5879--A                          5

ing to hindering prosecution; sections 210.10, 210.15, and 215.51 relat-
ing to perjury and contempt; section 215.40 relating to  tampering  with
physical  evidence;  sections  220.06,  220.09,  220.16, 220.18, 220.21,
220.31,  220.34,  220.39,  220.41,  220.43,  220.46,  220.55, 220.60 and
220.77 relating to controlled substances;  sections  225.10  and  225.20
relating  to  gambling;  sections 230.25, 230.30, and 230.32 relating to
promoting prostitution; section  230.34  relating  to  sex  trafficking;
sections  235.06,  235.07,  235.21  and  235.22  relating  to obscenity;
sections 263.10 and 263.15 relating to promoting a sexual performance by
a child; sections 265.02, 265.03, 265.04, 265.11, 265.12, 265.13 and the
provisions of section 265.10  which  constitute  a  felony  relating  to
firearms  and  other  dangerous  weapons; and sections 265.14 and 265.16
relating to criminal sale of a  firearm;  and  section  275.10,  275.20,
275.30,  or  275.40  relating  to  unauthorized recordings; and sections
470.05, 470.10, 470.15 and 470.20 relating to money laundering; or
  S 8. Paragraphs (b) and (h) of subdivision 8 of section 700.05 of  the
criminal  procedure  law, paragraph (b) as amended by chapter 405 of the
laws of 2010 and paragraph (h) as amended by chapter 154 of the laws  of
1990, are amended to read as follows:
  (b)  Any  of  the  following felonies: assault in the second degree as
defined in section 120.05 of the penal law, assault in the first  degree
as  defined in section 120.10 of the penal law, reckless endangerment in
the first degree as defined in section 120.25 of the penal law,  promot-
ing  a  suicide  attempt  as defined in section 120.30 of the penal law,
strangulation in the second degree as defined in section 121.12  of  the
penal  law,  strangulation  in  the  first  degree as defined in section
121.13 of the penal law, criminally negligent  homicide  as  defined  in
section  125.10  of  the penal law, manslaughter in the second degree as
defined in section 125.15 of the penal law, manslaughter  in  the  first
degree  as  defined  in  section  125.20 of the penal law, murder in the
second degree as defined in section 125.25 of the penal law,  murder  in
the first degree as defined in section 125.27 of the penal law, abortion
in  the  second  degree  as  defined in section 125.40 of the penal law,
abortion in the first degree as defined in section 125.45 of  the  penal
law,  rape in the third degree as defined in section 130.25 of the penal
law, rape in the second degree as defined in section 130.30 of the penal
law, rape in the first degree as defined in section 130.35 of the  penal
law,  criminal  sexual  act  in  the  third degree as defined in section
130.40 of the penal law, criminal sexual act in  the  second  degree  as
defined  in  section 130.45 of the penal law, criminal sexual act in the
first degree as defined in section 130.50 of the penal law, sexual abuse
in the first degree as defined in  section  130.65  of  the  penal  law,
unlawful  imprisonment  in the first degree as defined in section 135.10
of the penal law, kidnapping in the second degree as defined in  section
135.20  of  the  penal law, kidnapping in the first degree as defined in
section 135.25 of the penal law, labor trafficking as defined in section
135.35 of the penal law, AGGRAVATED  LABOR  TRAFFICKING  AS  DEFINED  IN
SECTION  135.37  OF  THE  PENAL LAW, custodial interference in the first
degree as defined in section 135.50 of the penal law,  coercion  in  the
first  degree  as  defined  in section 135.65 of the penal law, criminal
trespass in the first degree as defined in section 140.17 of  the  penal
law,  burglary  in  the third degree as defined in section 140.20 of the
penal law, burglary in the second degree as defined in section 140.25 of
the penal law, burglary in the first degree as defined in section 140.30
of the penal law, criminal mischief in the third degree  as  defined  in
section  145.05 of the penal law, criminal mischief in the second degree

S. 5879--A                          6

as defined in section 145.10 of the penal law, criminal mischief in  the
first  degree  as  defined  in section 145.12 of the penal law, criminal
tampering in the first degree as defined in section 145.20 of the  penal
law,  arson  in  the  fourth  degree as defined in section 150.05 of the
penal law, arson in the third degree as defined in section 150.10 of the
penal law, arson in the second degree as defined in  section  150.15  of
the penal law, arson in the first degree as defined in section 150.20 of
the  penal law, grand larceny in the fourth degree as defined in section
155.30 of the penal law, grand larceny in the third degree as defined in
section 155.35 of the penal law, grand larceny in the second  degree  as
defined  in  section 155.40 of the penal law, grand larceny in the first
degree as defined in section 155.42 of the penal law, health care  fraud
in  the  fourth  degree  as  defined in section 177.10 of the penal law,
health care fraud in the third degree as defined in  section  177.15  of
the  penal  law,  health  care  fraud in the second degree as defined in
section 177.20 of the penal law, health care fraud in the  first  degree
as  defined  in  section  177.25  of the penal law, robbery in the third
degree as defined in section 160.05 of the penal  law,  robbery  in  the
second  degree as defined in section 160.10 of the penal law, robbery in
the first degree as defined in section 160.15 of the penal law, unlawful
use of secret scientific material as defined in section  165.07  of  the
penal  law,  criminal possession of stolen property in the fourth degree
as defined in section 165.45 of the penal law,  criminal  possession  of
stolen  property in the third degree as defined in section 165.50 of the
penal law, criminal possession of stolen property in the  second  degree
as  defined  by  section 165.52 of the penal law, criminal possession of
stolen property in the first degree as defined by section 165.54 of  the
penal  law,  trademark counterfeiting in the second degree as defined in
section 165.72 of the penal law, trademark counterfeiting in  the  first
degree  as  defined  in  section 165.73 of the penal law, forgery in the
second degree as defined in section 170.10 of the penal law, forgery  in
the first degree as defined in section 170.15 of the penal law, criminal
possession  of  a  forged  instrument in the second degree as defined in
section 170.25 of the penal law, criminal possession of a forged instru-
ment in the first degree as defined in section 170.30 of the penal  law,
criminal  possession  of forgery devices as defined in section 170.40 of
the penal law, falsifying  business  records  in  the  first  degree  as
defined  in  section  175.10  of  the  penal  law, tampering with public
records in the first degree as defined in section 175.25  of  the  penal
law,  offering  a  false  instrument  for  filing in the first degree as
defined in section 175.35 of the penal law, issuing a false  certificate
as  defined  in  section  175.40 of the penal law, criminal diversion of
prescription medications and  prescriptions  in  the  second  degree  as
defined  in  section  178.20  of  the  penal  law, criminal diversion of
prescription medications  and  prescriptions  in  the  first  degree  as
defined  in  section 178.25 of the penal law, residential mortgage fraud
in the fourth degree as defined in section  187.10  of  the  penal  law,
residential  mortgage  fraud  in  the third degree as defined in section
187.15 of the penal law, residential mortgage fraud in the second degree
as defined in section 187.20 of  the  penal  law,  residential  mortgage
fraud in the first degree as defined in section 187.25 of the penal law,
escape  in  the  second degree as defined in section 205.10 of the penal
law, escape in the first degree as defined  in  section  205.15  of  the
penal  law,  absconding  from  temporary  release in the first degree as
defined in section 205.17 of the penal law, promoting prison  contraband
in  the  first  degree  as  defined  in section 205.25 of the penal law,

S. 5879--A                          7

hindering prosecution in the second degree as defined in section  205.60
of  the  penal law, hindering prosecution in the first degree as defined
in section 205.65 of the  penal  law,  sex  trafficking  as  defined  in
section  230.34 of the penal law, criminal possession of a weapon in the
third degree as defined in subdivisions two, three and five  of  section
265.02  of  the penal law, criminal possession of a weapon in the second
degree  as  defined  in  section  265.03  of  the  penal  law,  criminal
possession  of a weapon in the first degree as defined in section 265.04
of the penal law, manufacture, transport, disposition and defacement  of
weapons  and dangerous instruments and appliances defined as felonies in
subdivisions one, two, and three of section 265.10  of  the  penal  law,
sections  265.11,  265.12 and 265.13 of the penal law, or prohibited use
of weapons as defined in subdivision two of section 265.35 of the  penal
law,  relating  to  firearms  and other dangerous weapons, or failure to
disclose the origin of a recording in the first  degree  as  defined  in
section 275.40 of the penal law;
  (h)  Promoting prostitution in the first degree, as defined in section
230.32 of the penal law, promoting prostitution in the second degree, as
defined by subdivision one of section 230.30 of the penal law, PROMOTING
PROSTITUTION IN THE THIRD DEGREE, AS DEFINED IN SECTION  230.25  OF  THE
PENAL LAW;
  S  9.  The penal law is amended by adding a new section 230.01 to read
as follows:
S 230.01 PROSTITUTION; AFFIRMATIVE DEFENSE.
  IN ANY PROSECUTION UNDER SECTION 230.00, SECTION 230.03 OR SUBDIVISION
TWO OF SECTION 240.37 OF THIS PART, IT IS AN  AFFIRMATIVE  DEFENSE  THAT
THE DEFENDANT'S PARTICIPATION IN THE OFFENSE WAS A RESULT OF HAVING BEEN
A  VICTIM  OF  COMPELLING PROSTITUTION UNDER SECTION 230.33, A VICTIM OF
SEX TRAFFICKING UNDER SECTION 230.34 OF THIS  ARTICLE  OR  A  VICTIM  OF
TRAFFICKING  IN  PERSONS  UNDER  THE  TRAFFICKING VICTIMS PROTECTION ACT
(UNITED STATES CODE, TITLE 22, CHAPTER 78).
  S 10. The section heading and subdivision 1 of section 230.02  of  the
penal law, as amended by chapter 627 of the laws of 1978, are amended to
read as follows:
  Patronizing a [prostitute] PERSON FOR PROSTITUTION; definitions.
  1. A person patronizes a [prostitute] PERSON FOR PROSTITUTION when:
  (a) Pursuant to a prior understanding, he OR SHE pays a fee to another
person  as compensation for such person or a third person having engaged
in sexual conduct with him OR HER; or
  (b) He OR SHE pays or agrees to pay a fee to another  person  pursuant
to  an  understanding  that  in  return  therefor such person or a third
person will engage in sexual conduct with him OR HER; or
  (c) He OR SHE solicits or requests another person to engage in  sexual
conduct with him OR HER in return for a fee.
  S  11.  Subdivision  2 of section 230.03 of the penal law, as added by
chapter 191 of the laws of 2011, is amended to read as follows:
  2. For the purposes of this section, SECTION 230.08 and section 230.19
of this article, "school zone" means (a) in or on or within  any  build-
ing,  structure,  athletic  playing  field, playground or land contained
within the real property boundary line of a public or private  elementa-
ry, parochial, intermediate, junior high, vocational, or high school, or
(b)  any  public  sidewalk,  street,  parking  lot,  park, playground or
private land, located immediately adjacent to the boundary line of  such
school.
  S 12. Section 230.04 of the penal law, as amended by chapter 74 of the
laws of 2007, is amended to read as follows:

S. 5879--A                          8

S 230.04 Patronizing a [prostitute] PERSON FOR PROSTITUTION in the third
           degree.
  A  person is guilty of patronizing a [prostitute] PERSON FOR PROSTITU-
TION in the third degree when he or she patronizes a [prostitute] PERSON
FOR PROSTITUTION.
  Patronizing a [prostitute] PERSON FOR PROSTITUTION in the third degree
is a class A misdemeanor.
  S 13. Section 230.05 of the penal law, as added by chapter 627 of  the
laws of 1978, is amended to read as follows:
S 230.05 Patronizing  a  [prostitute]  PERSON  FOR  PROSTITUTION  in the
           second degree.
  A person is guilty of patronizing a [prostitute] PERSON FOR  PROSTITU-
TION in the second degree when, being [over] eighteen years [of age] OLD
OR MORE, he OR SHE patronizes a [prostitute] PERSON FOR PROSTITUTION and
the  person  patronized  is  less than [fourteen] FIFTEEN years [of age]
OLD.
  Patronizing a [prostitute]  PERSON  FOR  PROSTITUTION  in  the  second
degree is a class E felony.
  S  14. Section 230.06 of the penal law, as added by chapter 627 of the
laws of 1978, is amended to read as follows:
S 230.06 Patronizing a [prostitute] PERSON FOR PROSTITUTION in the first
           degree.
  A person is guilty of patronizing a [prostitute] PERSON FOR  PROSTITU-
TION in the first degree when [he]:
  1. HE OR SHE patronizes a [prostitute] PERSON FOR PROSTITUTION and the
person patronized is less than eleven years [of age] OLD; OR
  2. BEING EIGHTEEN YEARS OLD OR MORE, HE OR SHE PATRONIZES A PERSON FOR
PROSTITUTION AND THE PERSON PATRONIZED IS LESS THAN THIRTEEN YEARS OLD.
  Patronizing a [prostitute] PERSON FOR PROSTITUTION in the first degree
is a class D felony.
  S 15. Section 230.07 of the penal law, as amended by chapter 74 of the
laws of 2007, is amended to read as follows:
S 230.07 Patronizing a [prostitute] PERSON FOR PROSTITUTION; defense.
  In any prosecution for patronizing a [prostitute] PERSON FOR PROSTITU-
TION  in the first or second degrees OR PATRONIZING A PERSON FOR PROSTI-
TUTION IN A SCHOOL ZONE, it is a defense that the defendant did not have
reasonable grounds to believe that the person  was  less  than  the  age
specified.
  S  16. The penal law is amended by adding a new section 230.08 to read
as follows:
S 230.08 PATRONIZING A PERSON FOR PROSTITUTION IN A SCHOOL ZONE.
  1. A PERSON IS GUILTY OF PATRONIZING A PERSON FOR  PROSTITUTION  IN  A
SCHOOL  ZONE  WHEN,  BEING  TWENTY-ONE  YEARS OF AGE OR OLDER, HE OR SHE
PATRONIZES A PERSON FOR PROSTITUTION AND THE PERSON PATRONIZED  IS  LESS
THAN  EIGHTEEN  YEARS OF AGE AT A PLACE THAT HE OR SHE KNOWS, OR REASON-
ABLY SHOULD KNOW, IS IN A SCHOOL ZONE.
  2. FOR PURPOSES OF THIS SECTION,  "SCHOOL  ZONE"  SHALL  MEAN  "SCHOOL
ZONE" AS DEFINED IN SUBDIVISION TWO OF SECTION 230.03 OF THIS ARTICLE.
  PATRONIZING  A  PERSON  FOR PROSTITUTION IN A SCHOOL ZONE IS A CLASS E
FELONY.
  S 17. The section heading and the opening paragraph of section  230.10
of the penal law are amended to read as follows:
  Prostitution  and  patronizing a [prostitute] PERSON FOR PROSTITUTION;
no defense.
  In any prosecution for  prostitution  or  patronizing  a  [prostitute]
PERSON  FOR  PROSTITUTION,  the  sex  of  the two parties or prospective

S. 5879--A                          9

parties to the sexual conduct engaged in, contemplated or  solicited  is
immaterial, and it is no defense that:
  S  18.  The  penal law is amended by adding three new sections 230.11,
230.12 and 230.13 to read as follows:
S 230.11 AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION  IN  THE  THIRD
           DEGREE.
  A  PERSON IS GUILTY OF AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION
IN THE THIRD DEGREE WHEN, BEING TWENTY-ONE YEARS OLD OR MORE, HE OR  SHE
PATRONIZES  A  PERSON FOR PROSTITUTION AND THE PERSON PATRONIZED IS LESS
THAN SEVENTEEN YEARS OLD AND THE PERSON GUILTY OF PATRONIZING ENGAGES IN
SEXUAL INTERCOURSE, ORAL SEXUAL CONDUCT, ANAL SEXUAL CONDUCT, OR  AGGRA-
VATED  SEXUAL  CONDUCT  AS  THOSE TERMS ARE DEFINED IN SECTION 130.00 OF
THIS PART.
  AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE THIRD DEGREE IS
A CLASS E FELONY.
S 230.12 AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN  THE  SECOND
           DEGREE.
  A  PERSON IS GUILTY OF AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION
IN THE SECOND DEGREE WHEN, BEING EIGHTEEN YEARS OLD OR MORE, HE  OR  SHE
PATRONIZES  A  PERSON FOR PROSTITUTION AND THE PERSON PATRONIZED IS LESS
THAN FIFTEEN YEARS OLD AND THE PERSON GUILTY OF PATRONIZING  ENGAGES  IN
SEXUAL  INTERCOURSE, ORAL SEXUAL CONDUCT, ANAL SEXUAL CONDUCT, OR AGGRA-
VATED SEXUAL CONDUCT AS THOSE TERMS ARE DEFINED  IN  SECTION  130.00  OF
THIS PART.
  AGGRAVATED  PATRONIZING  A MINOR FOR PROSTITUTION IN THE SECOND DEGREE
IS A CLASS D FELONY.
S 230.13 AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION  IN  THE  FIRST
           DEGREE.
  A  PERSON IS GUILTY OF AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION
IN THE FIRST DEGREE WHEN HE OR SHE PATRONIZES A PERSON FOR  PROSTITUTION
AND  THE PERSON PATRONIZED IS LESS THAN ELEVEN YEARS OLD, OR BEING EIGH-
TEEN YEARS OLD OR MORE, HE OR SHE PATRONIZES A PERSON  FOR  PROSTITUTION
AND  THE  PERSON  PATRONIZED  IS  LESS  THAN THIRTEEN YEARS OLD, AND THE
PERSON GUILTY OF PATRONIZING ENGAGES IN SEXUAL INTERCOURSE, ORAL  SEXUAL
CONDUCT,  ANAL  SEXUAL  CONDUCT,  OR  AGGRAVATED SEXUAL CONDUCT AS THOSE
TERMS ARE DEFINED IN SECTION 130.00 OF THIS PART.
  AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE FIRST DEGREE IS
A CLASS B FELONY.
  S 19. Subdivisions 1 and 2 of section 230.15  of  the  penal  law  are
amended to read as follows:
  1.  "Advance  prostitution."  A  person  "advances prostitution" when,
acting other than as a [prostitute]  PERSON  IN  PROSTITUTION  or  as  a
patron thereof, he OR SHE knowingly causes or aids a person to commit or
engage  in  prostitution, procures or solicits patrons for prostitution,
provides persons or premises  for  prostitution  purposes,  operates  or
assists  in  the  operation of a house of prostitution or a prostitution
enterprise, or engages in any other conduct designed to  institute,  aid
or facilitate an act or enterprise of prostitution.
  2.  "Profit  from  prostitution." A person "profits from prostitution"
when, acting other than as a [prostitute] PERSON IN PROSTITUTION receiv-
ing compensation for personally rendered prostitution  services,  he  OR
SHE accepts or receives money or other property pursuant to an agreement
or understanding with any person whereby he OR SHE participates or is to
participate in the proceeds of prostitution activity.
  S  20.  Subdivision  1 of section 230.19 of the penal law, as added by
chapter 191 of the laws of 2011, is amended to read as follows:

S. 5879--A                         10

  1. A person is guilty of promoting prostitution in a school zone when,
being nineteen years [of age] OLD or [older] MORE, he or  she  knowingly
advances or profits from prostitution that he or she knows or reasonably
should  know  is  or will be committed in violation of section 230.03 of
this  article  in  a  school  zone  during  the  hours that school is in
session.
  S 21. The opening paragraph and subdivision 1 of section 230.25 of the
penal law, the opening paragraph as amended by chapter 627 of  the  laws
of  1978 and subdivision 1 as amended by chapter 74 of the laws of 2007,
are amended to read as follows:
  A person is guilty of promoting prostitution in the third degree  when
he OR SHE knowingly:
  1.  Advances  or  profits  from prostitution by managing, supervising,
controlling or owning, either alone or in  association  with  others,  a
house of prostitution or a prostitution business or enterprise involving
prostitution  activity by two or more [prostitutes] PERSONS IN PROSTITU-
TION, or a business that sells travel-related services knowing that such
services include or are intended to facilitate travel for the purpose of
patronizing a [prostitute]  PERSON  FOR  PROSTITUTION,  including  to  a
foreign  jurisdiction  and regardless of the legality of prostitution in
said foreign jurisdiction; or
  S 22. Section 230.30 of the penal law, as amended by  chapter  627  of
the laws of 1978, is amended to read as follows:
S 230.30 Promoting prostitution in the second degree.
  A person is guilty of promoting prostitution in the second degree when
he OR SHE knowingly:
  1.  Advances  prostitution  by  compelling a person by force or intim-
idation to engage in prostitution, or profits from such coercive conduct
by another; or
  2. Advances or  profits  from  prostitution  of  a  person  less  than
[sixteen] EIGHTEEN years old.
  Promoting prostitution in the second degree is a class C felony.
  S  23. The first undesignated paragraph of section 230.32 of the penal
law, as added by chapter 627 of the laws of 1978, is amended to read  as
follows:
  A  person is guilty of promoting prostitution in the first degree when
he OR SHE:
  1. knowingly advances or profits from prostitution of  a  person  less
than [eleven] THIRTEEN years old; OR
  2. BEING TWENTY-ONE YEARS OLD OR MORE, HE OR SHE KNOWINGLY ADVANCES OR
PROFITS FROM PROSTITUTION OF A PERSON LESS THAN FIFTEEN YEARS OF AGE.
  S  24. Section 230.33 of the penal law, as added by chapter 450 of the
laws of 2005, is amended to read as follows:
S 230.33 Compelling prostitution.
  A person is guilty of compelling prostitution when, being [twenty-one]
EIGHTEEN years [of age or older]  OLD  OR  MORE,  he  or  she  knowingly
advances  prostitution  by compelling a person less than [sixteen] EIGH-
TEEN years old, by force or intimidation, to engage in prostitution.
  Compelling prostitution is a class B felony.
  S 25. Section 230.35 of the penal law, as amended by  chapter  450  of
the laws of 2005, is amended to read as follows:
S 230.35 Promoting or compelling prostitution; accomplice.
  In  a  prosecution  for promoting prostitution or compelling prostitu-
tion, a person less than [seventeen] EIGHTEEN years [of  age]  OLD  from
whose  prostitution  activity another person is alleged to have advanced

S. 5879--A                         11

or attempted to advance or profited or attempted to profit shall not  be
deemed to be an accomplice.
  S  26. The first undesignated paragraph of section 230.40 of the penal
law is amended to read as follows:
  A person is guilty of permitting prostitution when, having  possession
or  control  of premises OR VEHICLE which he OR SHE knows are being used
for prostitution purposes OR FOR THE PURPOSE OF ADVANCING  PROSTITUTION,
he OR SHE fails to make reasonable effort to halt or abate such use.
  S  27.  Subdivision  2 of section 240.37 of the penal law, as added by
chapter 344 of the laws of 1976, is amended, and subdivision 3 is renum-
bered subdivision 4 and a new subdivision 3 is added to read as follows:
  2. Any person who remains or wanders  about  in  a  public  place  and
repeatedly  beckons  to,  or repeatedly stops, or repeatedly attempts to
stop, or repeatedly attempts to engage passers-by  in  conversation,  or
repeatedly  stops  or  attempts  to  stop  motor vehicles, or repeatedly
interferes with the free passage of other persons, for  the  purpose  of
prostitution[,  or  of  patronizing  a prostitute as those terms are] AS
THAT TERM IS defined in article two hundred thirty of  [the  penal  law]
THIS  PART,  shall  be  guilty of a violation and is guilty of a class B
misdemeanor if such person has previously been convicted of a  violation
of  this  section  or  of  [sections] SECTION 230.00 [or 230.05] of [the
penal law] THIS PART.
  3. ANY PERSON WHO REMAINS OR WANDERS  ABOUT  IN  A  PUBLIC  PLACE  AND
REPEATEDLY  BECKONS  TO,  OR REPEATEDLY STOPS, OR REPEATEDLY ATTEMPTS TO
STOP, OR REPEATEDLY ATTEMPTS TO ENGAGE PASSERS-BY  IN  CONVERSATION,  OR
REPEATEDLY  STOPS  OR  ATTEMPTS  TO  STOP  MOTOR VEHICLES, OR REPEATEDLY
INTERFERES WITH THE FREE PASSAGE OF OTHER PERSONS, FOR  THE  PURPOSE  OF
PATRONIZING  A  PERSON  FOR PROSTITUTION AS DEFINED IN SECTION 230.02 OF
THIS PART, SHALL BE GUILTY OF A VIOLATION AND IS GUILTY  OF  A  CLASS  B
MISDEMEANOR  IF SUCH PERSON HAS PREVIOUSLY BEEN CONVICTED OF A VIOLATION
OF THIS SECTION OR OF SECTION 230.04, 230.05, 230.06 OR 230.08  OF  THIS
PART.
  S  28.  Subdivision 6 of section 380.50 of the criminal procedure law,
as amended by chapter 320 of the laws of 2006, is  amended  to  read  as
follows:
  6.  Regardless of whether the victim requests to make a statement with
regard to the defendant's sentence, where the defendant is sentenced for
a violent felony offense as defined in section 70.02 of the penal law or
a felony defined in article one hundred twenty-five of such law  or  any
of the following provisions of such law sections 130.25, 130.30, 130.40,
130.45, 255.25, 255.26, 255.27, article two hundred sixty-three, 135.10,
135.25,  230.05,  230.06,  230.11,  230.12,  230.13,  subdivision two of
section 230.30 or 230.32, the prosecutor shall, within sixty days of the
imposition of sentence, provide the victim with  a  form  on  which  the
victim  may  indicate  a demand to be informed of any petition to change
the name of such defendant.   Such forms shall  be  maintained  by  such
prosecutor. Upon receipt of a notice of a petition to change the name of
any  such defendant, pursuant to subdivision two of section sixty-two of
the civil rights law, the prosecutor shall promptly notify the victim at
the most current address or telephone number provided by such victim  in
the  most reasonable and expedient possible manner of the time and place
such petition will be presented to the court.
  S 29. Paragraph (i) of subdivision 1 of section 440.10 of the criminal
procedure law, as added by chapter 332 of the laws of 2010,  is  amended
to read as follows:

S. 5879--A                         12

  (i)  The judgment is a conviction where the arresting charge was under
section 240.37 (loitering for the purpose of engaging in a  prostitution
offense, provided that the defendant was not alleged to be loitering for
the  purpose  of  patronizing a prostitute or promoting prostitution) or
230.00  (prostitution)  OR  230.03 of the penal law, and the defendant's
participation in the offense was a result of having been a victim of sex
trafficking under section 230.34 of the  penal  law,  LABOR  TRAFFICKING
UNDER  SECTION  135.35  OF  THE  PENAL LAW, AGGRAVATED LABOR TRAFFICKING
UNDER SECTION 135.37 OF THE PENAL  LAW,  COMPELLING  PROSTITUTION  UNDER
SECTION  230.33  OF  THE  PENAL LAW, or trafficking in persons under the
Trafficking Victims Protection Act (United States Code, title 22,  chap-
ter 78); provided that
  (i)  a  motion  under this paragraph shall be made with due diligence,
after the defendant has ceased to be a victim  of  such  trafficking  OR
COMPELLING PROSTITUTION CRIME or has sought services for victims of such
trafficking  OR  COMPELLING  PROSTITUTION  CRIME,  subject to reasonable
concerns for the safety of the defendant, family members of the  defend-
ant,  or  other  victims  of such trafficking OR COMPELLING PROSTITUTION
CRIME that may be jeopardized by the bringing of  such  motion,  or  for
other reasons consistent with the purpose of this paragraph; and
  (ii)  official  documentation of the defendant's status as a victim of
[sex] trafficking, COMPELLING PROSTITUTION or trafficking in persons  at
the time of the offense from a federal, state or local government agency
shall  create  a  presumption  that the defendant's participation in the
offense was a result of having been a victim of sex trafficking, COMPEL-
LING PROSTITUTION or trafficking in persons, but shall not  be  required
for granting a motion under this paragraph.
  S 30. Section 483-bb of the social services law is amended by adding a
new subdivision (c) to read as follows:
  (C) AN INDIVIDUAL WHO IS A VICTIM OF THE CONDUCT PROHIBITED BY SECTION
230.33,  230.34,  135.35  OR  135.37  OF THE PENAL LAW MAY BRING A CIVIL
ACTION AGAINST THE PERPETRATOR OR WHOEVER KNOWINGLY ADVANCES OR  PROFITS
FROM,  OR WHOEVER SHOULD HAVE KNOWN HE OR SHE WAS ADVANCING OR PROFITING
FROM, AN ACT IN VIOLATION OF SECTION 230.33, 230.34, 135.35 OR 135.37 OF
THE PENAL LAW TO RECOVER DAMAGES AND REASONABLE ATTORNEY'S FEES.
  S 31. Section 212 of the civil practice law and rules  is  amended  by
adding a new subdivision (e) to read as follows:
  (E)  BY A VICTIM OF SEX TRAFFICKING, COMPELLING PROSTITUTION, OR LABOR
TRAFFICKING. AN ACTION BY A VICTIM OF SEX TRAFFICKING, COMPELLING  PROS-
TITUTION,  LABOR  TRAFFICKING  OR  AGGRAVATED LABOR TRAFFICKING, BROUGHT
PURSUANT TO SUBDIVISION (C) OF SECTION FOUR HUNDRED  EIGHTY-THREE-BB  OF
THE  SOCIAL  SERVICES  LAW, MAY BE COMMENCED WITHIN TEN YEARS AFTER SUCH
VICTIMIZATION OCCURS PROVIDED, HOWEVER, THAT SUCH TEN YEAR PERIOD  SHALL
NOT  BEGIN  TO  RUN  AND  SHALL BE TOLLED DURING ANY PERIOD IN WHICH THE
VICTIM IS OR REMAINS SUBJECT TO SUCH CONDUCT.
  S 32. Subdivision (a) of section 483-cc of the social services law, as
added by chapter 74 of the laws of 2007, is amended to read as follows:
  (a) As soon as practicable after a first encounter with a  person  who
reasonably  appears  to a law enforcement agency [or a], district attor-
ney's office, OR AN ESTABLISHED PROVIDER OF  SOCIAL  OR  LEGAL  SERVICES
DESIGNATED  BY  THE OFFICE OF TEMPORARY AND AND DISABILITY ASSISTANCE OR
THE OFFICE FOR THE PREVENTION OF DOMESTIC  VIOLENCE  OR  THE  OFFICE  OF
VICTIM  SERVICES  to be a human trafficking victim, that [agency or] LAW
ENFORCEMENT AGENCY OR DISTRICT ATTORNEY'S office shall notify the office
of temporary and disability assistance  and  the  division  of  criminal
justice  services  that  such  person may be eligible for services under

S. 5879--A                         13

this article OR, IN THE CASE OF AN ESTABLISHED  PROVIDER  OF  SOCIAL  OR
LEGAL  SERVICES,  SHALL  NOTIFY  THE  OFFICE OF TEMPORARY AND DISABILITY
ASSISTANCE AND THE DIVISION OF CRIMINAL JUSTICE SERVICES IF SUCH  VICTIM
CONSENTS TO SEEKING SERVICES PURSUANT TO THIS ARTICLE.
  S 33. Section 14 of chapter 74 of the laws of 2007, amending the penal
law, the criminal procedure law, the correction law, the social services
law,  and the executive law relating to human trafficking, as amended by
chapter 24 of the laws of 2011, is amended to read as follows:
  S 14.   This act shall take effect  on  the  first  of  November  next
succeeding  the  date on which it shall have become a law; provided that
section 483-ee of the social services law, as added by section eleven of
this act, shall take effect immediately and shall remain in  full  force
and  effect  until  September  1,  [2013]  2018  when upon such date the
provisions  of  such  section  shall  expire  and  be  deemed  repealed.
Provided,  effective  immediately, the addition, amendment and/or repeal
of any rule or regulation necessary for the timely implementation of the
provisions of article 10-D of the  social  services  law,  as  added  by
section  eleven  of this act, on its effective date are authorized to be
made on or before such effective date.
  S 34. Subdivision (p) of section 10.03 of the mental hygiene  law,  as
added by chapter 7 of the laws of 2007, is amended to read as follows:
  (p)  "Sex  offense"  means an act or acts constituting: (1) any felony
defined in article one hundred thirty of  the  penal  law,  including  a
sexually  motivated  felony;  (2)  patronizing a [prostitute] PERSON FOR
PROSTITUTION in the first degree as defined in  section  230.06  of  the
penal  law, AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE FIRST
DEGREE AS DEFINED IN SECTION 230.13 OF THE PENAL LAW, AGGRAVATED PATRON-
IZING A MINOR FOR PROSTITUTION  IN  THE  SECOND  DEGREE  AS  DEFINED  IN
SECTION  230.12  OF  THE  PENAL  LAW, AGGRAVATED PATRONIZING A MINOR FOR
PROSTITUTION IN THE THIRD DEGREE AS DEFINED IN  SECTION  230.11  OF  THE
PENAL  LAW,  incest in the second degree as defined in section 255.26 of
the penal law, or incest in the  first  degree  as  defined  in  section
255.27  of  the  penal law; (3) a felony attempt or conspiracy to commit
any of the foregoing offenses set forth in this subdivision;  or  (4)  a
designated  felony,  as  defined  in subdivision (f) of this section, if
sexually motivated and committed prior to the  effective  date  of  this
article.
  S  35.  Subparagraph  (i) of paragraph (a) of subdivision 2 of section
168-a of the correction law, as amended by chapter 405 of  the  laws  of
2008, is amended to read as follows:
  (i)  a  conviction  of or a conviction for an attempt to commit any of
the provisions of  sections  120.70,  130.20,  130.25,  130.30,  130.40,
130.45, 130.60, 230.34, 250.50, 255.25, 255.26 and 255.27 or article two
hundred  sixty-three of the penal law, or section 135.05, 135.10, 135.20
or 135.25 of such law relating  to  kidnapping  offenses,  provided  the
victim  of  such  kidnapping  or  related offense is less than seventeen
years old and the offender is not the parent of the victim,  or  section
230.04, where the person patronized is in fact less than seventeen years
of  age,  230.05  [or], 230.06, [or] 230.11, 230.12, 230.13, subdivision
two of section 230.30, [or] section 230.32 [or], 230.33,  OR  230.34  of
the penal law, OR SECTION 230.25 OF THE PENAL LAW WHERE THE PERSON PROS-
TITUTED IS IN FACT LESS THAN SEVENTEEN YEARS OLD, or
  S  36.  Paragraph  (b)  of  subdivision  1  of  section  168-d  of the
correction law, as amended by chapter 74 of the laws of 2007, is amended
to read as follows:

S. 5879--A                         14

  (b) Where a defendant stands convicted of an offense defined in  para-
graph  (b)  of  subdivision  two of section one hundred sixty-eight-a of
this article or where the  defendant  was  convicted  of  patronizing  a
[prostitute]  PERSON  FOR PROSTITUTION in the third degree under section
230.04 of the penal law and the defendant controverts an allegation that
the  victim  of  such offense was less than eighteen years of age or, in
the case of a conviction under section 230.04 of  the  penal  law,  less
than  seventeen years of age, the court, without a jury, shall, prior to
sentencing, conduct a hearing, and the people may  prove  by  clear  and
convincing  evidence  that  the  victim was less than eighteen years [of
age] OLD or less than seventeen years [of age] OLD,  as  applicable,  by
any  evidence  admissible  under  the rules applicable to a trial of the
issue of guilt. The court in addition to such  admissible  evidence  may
also  consider  reliable  hearsay  evidence  submitted  by  either party
provided that it is relevant to the determination  of  the  age  of  the
victim. Facts concerning the age of the victim proven at trial or ascer-
tained  at  the time of entry of a plea of guilty shall be deemed estab-
lished by clear and convincing evidence and shall not be relitigated. At
the conclusion of the hearing, or if the defendant does  not  controvert
an  allegation  that  the  victim  of the offense was less than eighteen
years [of age] OLD or less than seventeen years [of age] OLD, as  appli-
cable,  the  court  must make a finding and enter an order setting forth
the age of the victim. If the  court  finds  that  the  victim  of  such
offense  was  under eighteen years [of age] OLD or under seventeen years
[of age] OLD, as applicable, the court shall certify the defendant as  a
sex  offender, the provisions of paragraph (a) of this subdivision shall
apply and the defendant shall register with the division  in  accordance
with the provisions of this article.
  S  37. Paragraph (c) of subdivision 4 of section 509-cc of the vehicle
and traffic law, as amended by chapter 400  of  the  laws  of  2011,  is
amended to read as follows:
  (c)  The  offenses referred to in subparagraph (i) of paragraph (b) of
subdivision one and subparagraph (i) of paragraph (c) of subdivision two
of this section that result in disqualification for  a  period  of  five
years  shall include a conviction under sections 100.10, 105.13, 115.05,
120.03,  120.04,  120.04-a,  120.05,  120.10,  120.25,  121.12,  121.13,
125.40,  125.45, 130.20, 130.25, 130.52, 130.55, 135.10, 135.55, 140.17,
140.25, 140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06,  220.09,
220.16,  220.31, 220.34, 220.60, 220.65, 221.30, 221.50, 221.55, 230.00,
230.05, 230.06, 230.11, 230.12, 230.13, 230.19, 230.20, 235.05,  235.06,
235.07,  235.21,  240.06,  245.00,  260.10,  subdivision  two of section
260.20 and sections 260.25,  265.02,  265.03,  265.08,  265.09,  265.10,
265.12, 265.35 of the penal law or an attempt to commit any of the afor-
esaid  offenses  under  section  110.00 of the penal law, or any similar
offenses committed under a former section  of  the  penal  law,  or  any
offenses  committed  under a former section of the penal law which would
constitute violations of the aforesaid sections of the penal law, or any
offenses committed outside this state which would constitute  violations
of the aforesaid sections of the penal law.
  S  38.  The vehicle and traffic law is amended by adding a new section
510-d to read as follows:
  S 510-D. SUSPENSION AND REVOCATION OF CLASS E DRIVER'S LICENSES. 1.  A
CLASS  E  DRIVER'S  LICENSE SHALL BE SUSPENDED BY THE COMMISSIONER FOR A
PERIOD OF ONE YEAR WHERE THE HOLDER  IS  CONVICTED  OF  A  VIOLATION  OF
SECTION  230.20,  230.25,  230.30, 230.32, 230.34 OR 230.40 OF THE PENAL
LAW AND THE HOLDER USED A FOR HIRE MOTOR VEHICLE TO COMMIT SUCH CRIME.

S. 5879--A                         15

  2. A CLASS E DRIVER'S LICENSE MAY BE REVOKED BY THE COMMISSIONER  WHEN
THE HOLDER, WHO HAD HIS OR HER DRIVER'S LICENSE SUSPENDED UNDER SUBDIVI-
SION  ONE  OF  THIS SECTION WITHIN THE LAST TEN YEARS, IS CONVICTED OF A
SECOND VIOLATION OF SECTION 230.20, 230.25, 230.30,  230.32,  230.34  OR
230.40  OF THE PENAL LAW AND THE HOLDER USED A FOR HIRE MOTOR VEHICLE TO
COMMIT SUCH CRIME.
  3. ANY REVOCATION OR SUSPENSION OF A CLASS E DRIVER'S  LICENSE  ISSUED
PURSUANT TO THIS ARTICLE SHALL BE APPLICABLE ONLY TO THAT PORTION OF THE
HOLDER'S  DRIVER'S LICENSE OR PRIVILEGE WHICH PERMITS THE OPERATION OF A
MOTOR VEHICLE TRANSPORTING PASSENGERS FOR  HIRE,  AND  THE  COMMISSIONER
SHALL  IMMEDIATELY  ISSUE  A  LICENSE,  OTHER  THAN  A  CLASS E DRIVER'S
LICENSE, TO SUCH PERSON, PROVIDED THAT SUCH PERSON IS OTHERWISE ELIGIBLE
TO RECEIVE SUCH LICENSE AND FURTHER PROVIDED THAT ISSUING A  LICENSE  TO
SUCH PERSON DOES NOT CREATE A SUBSTANTIAL TRAFFIC SAFETY HAZARD.
  4.  THE  PROVISIONS  OF THIS SECTION SHALL NOT BE CONSTRUED TO PREVENT
ANY PERSON WHO HAS THE AUTHORITY TO SUSPEND OR REVOKE A LICENSE TO DRIVE
OR PRIVILEGE OF OPERATING PURSUANT TO SECTION FIVE HUNDRED TEN  OF  THIS
ARTICLE FROM EXERCISING ANY SUCH AUTHORITY.
  S  39.  Section 2324-a of the public health law, as amended by chapter
260 of the laws of 1978, is amended to read as follows:
  S 2324-a. Presumptive evidence.  For the purposes of this  title,  two
or more convictions of any person or persons had, within a period of one
year,  for  any  of  the  offenses  described in section 230.00, 230.05,
230.06, 230.08, 230.11, 230.12, 230.13, 230.20, 230.25 [or],  230.30  OR
230.32  of  the  penal law arising out of conduct engaged in at the same
real property consisting of a dwelling as that term is defined in subdi-
vision four of section four  of  the  multiple  dwelling  law  shall  be
presumptive  evidence  of  conduct  constituting use of the premises for
purposes of prostitution.
  S 40. Subdivision 2 of section 715 of the real  property  actions  and
proceedings law, as added by chapter 494 of the laws of 1976, is amended
to read as follows:
  2. For purposes of this section, two or more convictions of any person
or  persons  had,  within  a period of one year, for any of the offenses
described in section 230.00, 230.05,  230.06,  230.11,  230.12,  230.13,
230.20, 230.25, 230.30, 230.32 or 230.40 of the penal law arising out of
conduct engaged in at the same real property consisting of a dwelling as
that term is defined in subdivision four of section four of the multiple
dwelling  law  shall be presumptive evidence of conduct constituting use
of the premises for purposes of prostitution.
  S 41. Subdivision 3 of section  231  of  the  real  property  law,  as
amended  by  chapter  203  of  the  laws  of 1980, is amended to read as
follows:
  3. For the purposes of this section, two or more  convictions  of  any
person  or  persons  had,  within  a  period of one year, for any of the
offenses described in section 230.00, 230.05,  230.06,  230.11,  230.12,
230.13,  230.20, 230.25, 230.30, 230.32 or 230.40 of the penal law aris-
ing out of conduct engaged in at  the  same  premises  consisting  of  a
dwelling  as that term is defined in subdivision four of section four of
the multiple dwelling law shall be presumptive evidence of unlawful  use
of such premises and of the owners knowledge of the same.
  S  42. Subdivision 3 of section 840 of the executive law is amended by
adding a new paragraph (f-1) to read as follows:
  (F-1) DEVELOP, MAINTAIN AND  DISSEMINATE,  IN  CONSULTATION  WITH  THE
OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE AND THE DIVISION OF CRIMI-
NAL  JUSTICE  SERVICES,  WRITTEN POLICIES AND PROCEDURES REGARDING HUMAN

S. 5879--A                         16

TRAFFICKING VICTIMS. SUCH POLICIES AND PROCEDURES SHALL INCLUDE, BUT NOT
BE LIMITED TO THE FOLLOWING: (1) THE IDENTIFICATION OF POTENTIAL VICTIMS
OF  HUMAN  TRAFFICKING,  AS   DEFINED   UNDER   SECTION   FOUR   HUNDRED
EIGHTY-THREE-AA  OF  THE SOCIAL SERVICES LAW; AND (2) INFORMATION AND/OR
REFERRAL TO APPROPRIATE SOCIAL AND LEGAL SERVICES FOR VICTIMS  OF  HUMAN
TRAFFICKING  IN  ACCORDANCE WITH SECTION FOUR HUNDRED EIGHTY-THREE-BB OF
THE SOCIAL SERVICES LAW;
  S 43. The executive law is amended by adding a new  section  214-d  to
read as follows:
  S 214-D. HUMAN TRAFFICKING AWARENESS. THE SUPERINTENDENT, IN CONSULTA-
TION  WITH  THE  OFFICE  OF  TEMPORARY AND DISABILITY ASSISTANCE AND THE
DIVISION OF CRIMINAL JUSTICE SERVICES, SHALL: (1) DEVELOP, MAINTAIN  AND
DISSEMINATE TO ALL MEMBERS OF THE STATE POLICE, INCLUDING NEW AND VETER-
AN  OFFICERS,  WRITTEN  POLICIES,  PROCEDURES  AND EDUCATIONAL MATERIALS
RELATING TO HUMAN TRAFFICKING VICTIMS, INCLUDING SERVICES AVAILABLE  FOR
VICTIMS  OF  HUMAN  TRAFFICKING,  AS  REFERENCED IN SECTION FOUR HUNDRED
EIGHTY-THREE-BB OF THE SOCIAL SERVICES LAW; AND (2) ESTABLISH AND IMPLE-
MENT WRITTEN PROCEDURES AND POLICIES IN THE EVENT A MEMBER OF THE  DIVI-
SION OF STATE POLICE ENCOUNTERS AN INDIVIDUAL BELIEVED TO BE A VICTIM OF
HUMAN  TRAFFICKING,  WHICH  SHALL  INCLUDE,  BUT  NOT BE LIMITED TO, THE
PROVISION OF INFORMATION AND/OR REFERRAL TO AN APPROPRIATE  PROVIDER  OF
SOCIAL  AND  LEGAL  SERVICES TO HUMAN TRAFFICKING VICTIMS, IN ACCORDANCE
WITH SUCH SECTION FOUR HUNDRED EIGHTY-THREE-BB.
  S 44. Severability clause. If any clause, sentence, paragraph,  subdi-
vision,  section  or  part  of  this act shall be adjudged by a court of
competent jurisdiction to be invalid, such judgment  shall  not  affect,
impair or invalidate the remainder thereof, but shall be confined in its
operation  to  the  clause, sentence, paragraph, subdivision, section or
part thereof directly involved in the controversy in which such judgment
shall have been rendered. It is hereby declared to be the intent of  the
legislature  that  this act would have been enacted even if such invalid
provisions had not been included herein.
  S 45. This act shall take effect on the ninetieth day after  it  shall
have become a law.

Co-Sponsors

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S5879B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A2240D
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd Pen L, generally; amd §§700.05, 380.50 & 440.10, CP L; amd §§483-bb & 483-cc, Soc Serv L; amd §212, CPLR; amd §14, Chap 74 of 2007; amd §10.03, Ment Hyg L; amd §§168-a & 168-d, Cor L; amd §509-cc, add §510-d, V & T L; amd §2324-a, Pub Health L; amd §715, RPAP L; amd §231, RP L; amd §840, add §214-d, Exec L

S5879B (ACTIVE) - Bill Texts

view summary

Enacts the trafficking victims protection and justice act.

view sponsor memo
BILL NUMBER:S5879B REVISED MEMO 04/14/2014

TITLE OF BILL: An act to amend the penal law, the criminal procedure
law, the social services law, the civil practice law and rules, the
mental hygiene law, the correction law, the vehicle and traffic law,
the public health law, the real property actions and proceedings law,
and the real property law, in relation to enacting the "trafficking
victims protection and justice act"; to amend the penal law, in
relation to prostitution in a school zone; to amend chapter 74 of the
laws of 2007 amending the penal law, the criminal procedure law, the
correction law, the social services law, and the executive law
relating to human trafficking, in relation to extending the
interagency task force on human trafficking for four years; and to
amend the executive law, in relation to human trafficking awareness

PURPOSE:

This bill would improve the State's response to human trafficking and
increase the accountability of buyers and traffickers by, among other
things: (i) conforming the ages of victims in certain prostitution
offenses under Article 230 of the Penal Law to the ages of victims of
rape offenses under Article 130 of the Penal Law; (ii) making sex
trafficking a Class B violent felony and certain cases of labor
trafficking a Class D violent felony, and creating the new offense of
aggravated labor trafficking; and (iii) creating three aggravated
patronizing offenses where the person patronized is a minor:
aggravated patronizing a minor for prostitution in the third degree, a
Class E felony; aggravated patronizing a minor for prostitution in the
second degree, a Class D felony; and aggravated patronizing a minor
for prostitution in the first degree, a Class B felony. This bill
would also improve the school zone prostitution law by adding as a
Class E felony the offense of patronizing a person for prostitution in
a school zone.

The legislation also provides a civil remedy to victims to recover
damages and reasonable attorney's fees from their perpetrators.
Further, the bill provides for increasing awareness among law
enforcement regarding identifying human trafficking, victims and
referral of services to victims by requiring the superintendent of
police, in consultation with the office of temporary and disability
assistance (OTDA) and the division of criminal justice services
(DCJS), to develop and disseminate to all members of the state police
written policies and education materials relating to human trafficking
victims and to establish and implement written procedures in the event
state police encounters an individual believed to be a human
trafficking victim.

Additionally, the bill eliminates the term "prostitute" used in the
Penal Law and replaces it with "person for prostitution."

SUMMARY OF PROVISIONS:

Section 1 provides that the act shall be known and may be cited as the
"trafficking victims protection and justice act".

Section 2 amends section 60.13 of the Penal Law, as added by Chapter 7
of the Laws of 2007, to add aggravated patronizing a minor for


prostitution in the third degree as defined in section 230.11,
aggravated patronizing a minor for prostitution in the second degree
as defined in section 230.12, and aggravated patronizing a minor for
prostitution in the first degree as defined in section 230.13, as
felony sex offenses.

Section 3 amends paragraphs (a) and (c) of subdivision 1 of section
70.02 of the Penal Law, paragraph (a) as amended by Chapter 320 of the
Laws of 2006, and paragraph (c) as amended by Chapter 1 of the Laws of
2013, to add sex trafficking as defined in paragraphs (a) and (b) of
subdivision five of section 230.34 of the Penal Law as a Class B
violent felony offense, and to add labor trafficking as defined in
paragraphs (a) and (b) of subdivision three of section 135.35 of the
Penal Law as a Class D violent felony offense.

Section 4 amends paragraph (a) of subdivision 1 of section 70.80 of
the Penal Law, as added by Chapter 7 of the Laws of 2007, to add
patronizing a person for prostitution in the second degree, aggravated
patronizing a minor for prostitution in the third degree, aggravated
patronizing a minor for prostitution in the second degree and
aggravated patronizing a minor for prostitution in the first degree as
felony sex offenses.

Section 5 amends section 135.35 of the Penal Law, as added by Chapter
74 of the Laws of 2007, to delete as a ground for the offense of labor
trafficking unlawfully providing a controlled substance to a person
with intent to impair such person's judgment.

Section 6 amends the Penal Law by adding a new section 135.37 to
create the offense of aggravated labor trafficking, a Class C felony.
A person is guilty of aggravated labor trafficking if he or she
compels or induces another to engage in labor or recruits, entices,
harbors, or transports such other person to engage in labor by means
of intentionally unlawfully providing a controlled substance to such
person with intent to impair such person's judgment.

Section 7 amends paragraph (a) of subdivision 1 of section 460.10 of
the Penal Law, as amended by Chapter 405 of the Laws of 2010, by
adding to the list of felonies that are defined as a "criminal act"
aggravated labor trafficking under section 135.37 of the Penal Law.

Section 8 amends paragraphs (b) and (h) of subdivision 8 of section
700.05 of the Criminal Procedure Law, paragraph (b) as amended by
Chapter 405 of the Laws of 2010, and paragraph (h) as amended by
Chapter 154 of the Laws of 1990, by adding as a "designated offense"
in the list of felonies aggravated .labor trafficking under section
135.37 of the Penal Law, and the offense of promoting prostitution in
the third degree, as defined in section 230.25 of the Penal Law.

Section 9 amends the Penal Law by adding a new section 230.01 to
provide for an affirmative defense in any prosecution under section
230.00, section 230.03 or section 240.37(2) of the Penal Law that the
defendant's participation in the offense was a result of having been a
victim of compelling prostitution under section 230.33 of the Penal
Law, a victim of sex trafficking under section 230.34 of the Penal Law
or a victim of trafficking under the federal Trafficking Victims
Protection Act.


Section 10 amends section 230.02 of the Penal Law, as amended by
Chapter 627 of the Laws of 1978, to replace the term "prostitute" with
"person for prostitution" and to make the section gender neutral.

Section 11 amends subdivision 2 of section 230.03 of the Penal Law, as
added by Chapter 191 of the Laws of 2011, to provide that the
definition of school zone also applies for purposes of section 230.08,
patronizing a person for prostitution in a school zone.

Section 12 amends section 230.04 of the Penal Law, as amended by
Chapter 74 of the Laws of 2007, to replace the term "prostitute" with
"person for prostitution."

Section 13 amends section 230.05 of the Penal Law, as amended by
Chapter 627 of the Laws of 1978, to provide that a person is guilty of
patronizing a person for prostitution in the second degree when being
18 years old or more, he or she patronizes a person for prostitution
and the person patronized is less than 15 years old. Current law
provides that a person is guilty of this offense where he is over age
18 and the person patronized is less than 14 years old. The section
also replaces the term "prostitute" with "person for prostitution" and
makes the section gender neutral.

Section 14 amends section 230.06 of the Penal Law, as added by Chapter
627 of the Laws of 1978, to add that a person is guilty of patronizing
a person for prostitution in the first degree when being 18 years old
or more he or she patronizes a person for prostitution and the person
patronized is less than 13 years old. The section also replaces the
term "prostitute" with "person for prostitution" and makes the section
gender neutral.

Section 15 amends section 230.07 of the Penal Law, as amended by
Chapter 74 of the Laws of 2007, to provide that the defense under said
section applies in a prosecution for patronizing a person for
prostitution in a school zone.

Section 16 amends the Penal Law by adding a new section 230.08 to
provide a new offense, patronizing a person for prostitution in a
school zone. A person is guilty of patronizing a person for
prostitution in a school zone when, being 21 years old or more, he or
she patronizes a person for prostitution and the person patronized is
less than 18 years old at a place that he or she knows, or reasonably
should know, is in a school zone. Patronizing a person for
prostitution in a school zone is a Class E felony.

Section 17 amends section 230.10 of the Penal Law to replace the term
"prostitute" with "person for prostitution."

Section 18 amends the Penal Law by adding three new sections 230.11,
230.12 and 230.13. New section 230.11 creates the new offense of
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 21 years old or more, he or she
patronizes a person for prostitution and the person patronized is less
than 17 years old and the person guilty of patronizing engages in
sexual inter course, oral sexual conduct, anal sexual conduct, or
aggravated sexual conduct, with the person patronized. Aggravated


patronizing a minor for prostitution in the third degree is a Class E
felony.

New section 230.12 creates the new offense of 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 18 years old or more, he or she patronizes a person for
prostitution and the person patronized is less than 15 years old and
the person guilty of patronizing engages in sexual intercourse, oral
sexual conduct, anal sexual conduct, or aggravated sexual conduct,
with the person patronized. Aggravated patronizing a minor for
prostitution in the second degree is a Class D felony.

New section 230.13 creates the new offense of aggravated patronizing a
minor for prostitution in the first degree. A person is guilty of
aggravated patronizing a minor for prostitution in the first degree
when he or she patronizes a person for prostitution and the person
patronized is less than 11 years old, or the person patronized is less
than 13 years old and the person patronizing a person for prostitution
is 18 years old or more, and in either case the person guilty of
patronizing engages in sexual intercourse, oral sexual conduct, anal
sexual conduct, or aggravated sexual conduct, with the person
patronized. Aggravated patronizing a minor for prostitution in the
first degree is a Class B felony.

Section 19 amends subdivisions 1 and 2 of section 230.15 of the Penal
Law to replace the term "prostitute" with "person for prostitution"
and makes the section gender neutral.

Section 20 amends subdivision 1 of section 230.19 of the Penal Law, as
added by Chapter 191 of the Laws of 2011, to make a technical language
change.

Section 21 amends the opening paragraph and subdivision 1 of section
230.25 of the Penal Law, the opening paragraph as amended by Chapter
627 of the Laws of 1978 and subdivision 1 as amended by Chapter 74 of
the Laws of 2007, to replace the term "prostitute" with "person for
prostitution" and makes the section gender neutral.

Section 22 amends section 230.30 of the Penal Law, as amended by
Chapter 627 of the Laws of 1978, to provide that a person is guilty of
promoting prostitution in the second degree when he or she knowingly
advances or profits from prostitution of a person less than 18 years
old, rather than 16 years old under current law. This section also
makes said section 230.30 gender neutral.

Section 23 amends section 230.32 of the Penal Law, as added by Chapter
627 of the Laws of 1978, by providing that a person is guilty of
promoting prostitution in the first degree when he or she knowingly
advances or profits from prostitution of a person less than 13 years
old, in lieu of less than 11 years old, or being 21 years old or more,
he or she knowingly advances or profits from prostitution of a person
less than 15 years old.

Section 24 amends section 230.33 of the Penal Law, as added by Chapter
450 of the Laws of 2005, by providing that a person is guilty of
compelling prostitution when, being 18 years old or more (in lieu of


21 years old or more), he or she knowingly advances prostitution by
compelling by force or intimidation a person less than 18 years old
(in lieu of less than 16 years old), to engage in prostitution.

Section 25 amends section 230.35 of the Penal Law, as amended by
Chapter 450 of the Laws of 2005, by providing that in a prosecution
for promoting prostitution or compelling prostitution, a person less
than 18 years 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. Current
law provides that a person less than 17 years old under such
circumstances shall not be deemed an accomplice.

Section 26 amends section 230.40 of the Penal Law to add that a person
is guilty of permitting prostitution when, having possession or
control of a vehicle that he or she knows is being used for
prostitution or for the purpose of advancing prostitution, he or she
fails to make reasonable effort to halt or abate such use.

Section 27 amends subdivision 2 of section 240.37 of the Penal Law, as
added by Chapter 344 of the Laws of 1976, and adds a new subdivision 3
to add that 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 is 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 230.04,
230.05, 230.06 or 230.08 of the Penal Law.

Section 28 amends subdivision 6 of section 380.50 of the Criminal
Procedure Law, as amended by Chapter 320 of the Laws of 2006, to add
to the list of enumerated offenses for which a defendant is sentenced
offenses under sections 230.11, aggravated patronizing a minor for
prostitution in the third degree, 230.12, aggravated patronizing a
minor for prostitution in the second degree, and 230.13, aggravated
patronizing a minor for prostitution in the first degree, wherein the
prosecutor shall, within 60 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.

Section 29 amends paragraph (i) of subdivision 1 of section 440.10 of
the Criminal Procedure Law, as added by Chapter 332 of the Laws of
2010, to add to the ground upon which the court may vacate judgment
where the judgment is a conviction where the arresting charge was
under section 230.03 of the Penal Law (prostitution in a school zone),
and the defendant's participation in the offense was a result of
having been a victim of labor trafficking under section 135.35 of the
Penal Law, aggravated labor trafficking under section 135.37 of the
Penal Law, or compelling prostitution under section 230.33 of the
Penal Law in addition to sex trafficking under section 230.34 of the
Penal Law or trafficking under the federal Trafficking Victims
Protection Act. The section further makes reference to compelling
prostitution in connection with the requirements of the motion and the
presumption that a defendant's participation in the offense was a


result of having been a victim of sex trafficking, compelling
prostitution or trafficking in persons.

Section 30 amends section 483-bb of the Social Services Law by adding
a new subdivision (c) to provide for the ability of a victim of
conduct prohibited by section 230.33, 230.34, 135.35 or 135.37 of the
Penal Law to bring a civil action to recover damages and reasonable
attorney's fees against the perpetrator or whoever knowingly advances
or profits from, or whoever should have known he or she was advancing
or profiting from, an act in violation of any of such sections.

Section 31 amends section 212 of the Civil Practice Law and Rules by
adding a new subdivision (e) to add to the actions to be commenced
within 10 years an action by a victim of sex trafficking, compelling
prostitution, labor trafficking or aggravated labor trafficking
brought under section 483-bb(c) of the Social Services Law, provided
that such 10-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.

Section 32 amends subdivision (a) of section 483-cc of the Social
Services Law, as added by Chapter 74 of the Laws of 2007, to provide
that as soon as practicable after a first encounter with a person who
reasonably appears to be a human trafficking victim to an established
provider of social or legal services designated by the Office of
Temporary and Disability Assistance (OTDA), the Office for the
Prevention of Domestic Violence or the Office of Victim Services in
addition to a law enforcement agency or district attorney's office,
the law enforcement agency or district attorney's office shall notify
OTDA and the Division of Criminal Justice Services (DCJS) that such
person may be eligible for services under this article or, in the case
of an established provider of social or legal services, shall notify
OTDA and DCJS if such victim consents to seeking services pursuant to
this article.

Section 33 amends 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 provide that 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, 2018 when the provisions of
such section shall expire and be deemed repealed.

Section 34 amends subdivision (p) of section 10.03 of the Mental
Hygiene Law, as added by Chapter 7 of the Laws of 2007, to add as a
sex offense aggravated patronizing a minor for prostitution in the
first degree under section 230.13 of the Penal Law, aggravated
patronizing a minor for prostitution in the second degree under
section 230.12 of the Penal Law, and aggravated patronizing a minor
for prostitution in the third degree under section 230.11 of the Penal
Law. The section also replaces the term "prostitute" with "person for
prostitution."


Section 35 amends 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, to add as a sex offense aggravated patronizing a
minor for prostitution in the third degree under 230.11 of the Penal
Law, aggravated patronizing a minor for prostitution in the second
degree under section 230.12 of the Penal Law, and aggravated
patronizing a minor for prostitution in the first degree under section
230.13 of the Penal Law, sex trafficking under section 230.34 of the
Penal Law, and promoting prostitution in the third degree under
section 230.25 of the Penal Law where the person prostituted is in
fact less than 17 years old.

Section 36 amends paragraph (b) of subdivision 1 of section 168-d of
the Correction Law, as amended by Chapter 74 of the Laws of 2007, to
replace the term "prostitute" with "person for prostitution" and the
term years "of age" to "old."

Section 37 amends paragraph (c) of subdivision 4 of section 509-cc of
the Vehicle and Traffic Law, as amended by Chapter 400 of the Laws of
2011, to add to the enumerated offenses of which a person is convicted
that results in the disqualification for five years of such person
from operating a school bus aggravated patronizing a minor for
prostitution in the third degree under 230.11 of the Penal Law,
aggravated patronizing a minor for prostitution in the second degree
under section 230.12 of the Penal Law, aggravated patronizing a minor
for prostitution in the first degree under section 230.13 of the Penal
Law, and promoting prostitution in a school zone under section 230.19
of the Penal Law.

Section 38 amends the Vehicle and Traffic Law by adding a new section
510-d to provide for the suspension for one year a class E driver's
license where the holder is convicted of a violation of section
230.20, 230.25, 230.30, 230.32, 230.34 or 230.40 of the Penal Law and
the holder used a for hire motor vehicle to commit such crime. This
section further provides for the revocation of a class E driver's
license when the holder, who had his or her driver's license suspended
as provided in this subdivision within the last 10 years, is convicted
of a second violation of section 230.20, 230.25, 230.30, 230.32,
230.34 or 230.40 of the Penal Law and the holder used a for hire motor
vehicle to commit such crime.

Section 39 amends section 2324-a of the public health law, as amended
by Chapter 260 of the Laws of 1978, to add to the enumerated offenses
patronizing a person for prostitution in the first degree under
section 230.06 of the Penal Law, patronizing a person for prostitution
in a school zone under section 230.08 of the Penal Law, aggravated
patronizing a minor for prostitution in the third degree under 230.11
of the Penal Law, aggravated patronizing a minor for prostitution in
the second degree under section 230.12 of the Penal Law, aggravated
patronizing a minor for prostitution in the first degree under section
230.13 of the Penal Law, and promoting prostitution in the first
degree under section 230.32 of the Penal Law. Two or more convictions
of any of the enumerated offenses within a one-year period arising out
of conduct at a dwelling as defined shall be presumptive evidence of
conduct constituting use of the premises for purposes of prostitution.


Section 40 amends subdivision 2 of section 715 of the Real Property
Actions and Proceedings Law, as added by Chapter 494 of the Laws of
1976, to add to the enumerated offenses patronizing a person for
prostitution in the first degree under section 230.06 of the Penal
Law, aggravated patronizing a minor for prostitution in the third
degree under 230.11 of the Penal Law, aggravated patronizing a minor
for prostitution in the second degree under section 230.12 of the
Penal Law; aggravated patronizing a minor for prostitution in the
first degree under section 230.13 of the Penal Law, and promoting
prostitution in the first degree under section 230.32 of the Penal
Law. Two or more convictions of any of the enumerated offenses within
a one-year period arising out of conduct at a dwelling as defined
shall be presumptive evidence of conduct constituting use of the
premises for purposes of prostitution.

Section 41 amends subdivision 3 of section 231 of the Real Property
Law, as amended by Chapter 203 of the Laws of 1980, to add to the
enumerated offenses patronizing a person for prostitution in the first
degree under section 230.06 of the Penal Law, aggravated patronizing a
minor for prostitution in the third degree under 230.11 of the Penal
Law, aggravated patronizing a minor for prostitution in the second
degree under section 230.12 of the Penal Law, aggravated patronizing a
minor for prostitution in the first degree under section 230.13 of the
Penal Law, and promoting prostitution in the first degree under
section 230.32 of the Penal Law. Two or more convictions of any of the
enumerated offenses within a one-year period arising out of conduct at
a dwelling as defined shall be presumptive evidence of unlawful use of
such premises and the owner's knowledge of the same.

Section 42 amends subdivision 3 of section 840 of the Executive Law by
adding a new paragraph (f-1) to require the Municipal Police Training
Council to develop, maintain and disseminate, in consultation with
OTDA and DCJS, written policies and procedures regarding human
trafficking victims. Such policies and procedures shall include
identification of potential victims of human trafficking and
information and/or referral to appropriate social and legal services
for human trafficking victims in accordance with section 483- bb of
the Social Services Law.

Section 43 amends the Executive Law by adding a new section 214-d to
require the Superintendent of State Police, in consultation with OTDA
and DCJS, to develop, maintain and disseminate to all members of the
State Police, including new and veteran officers, written policies,
procedures and educational materials relating to human trafficking
victims, including services available for such victims as referenced
in section 483-bb of the Social Services Law, and to establish and
implement written procedures and policies in the event a member of the
State Police encounters an individual believed to be a victim of human
trafficking, which shall include the provision of information and/or
referral to an appropriate provider of social and legal services to
human trafficking victims in accordance with section 483-bb of the
Social Services Law.

Section 44 sets forth the severability clause.

Section 45 provides that notwithstanding the provisions of Article 5
of the General Construction Law, the provisions of section 483-ee of


the Social Services Law, as added by Chapter 74 of the Laws of 2007,
are revived and shall continue in full force and effect as such
provisions existed on August 31, 2013.

Section 46 sets forth the effective date as the ninetieth day after it
shall have become law; provided however that sections 32 and 45 of
this act shall take effect immediately.

JUSTIFICATION:

Since 2007, New York State has taken significant measures to hold
accountable sex and labor traffickers, sex tourism operators and
others who organize, promote, advance, support and patronize the
trafficking industry. The State has also taken important steps in
recent years to acknowledge that many individuals facing prosecution
for engaging in prostitution are, in fact, victims of human
trafficking.

This legislation improves in several significant ways the State's
response to human trafficking by enhancing protection of and
assistance to victims of trafficking, particularly in instances of
commercial sexual exploitation of children, and increasing the
accountability of buyers and traffickers who are fueling the growth of
this massive underground industry.

Conforming penalties. This bill creates the felony sex offenses of
aggravated patronizing a minor in the third degree (Penal Law 230.11),
the second degree (Penal Law 230.12), and the first degree (Penal Law
230.13) to conform the penalties for patronizing with those for
statutory rape. Currently, an individual convicted of patronizing a
minor for prostitution receives a lesser penalty than one who rapes a
minor of the same age. For example, an 18-year old found guilty of
raping a 12-year old is convicted of a class B felony sex offense;
however, an 18-year old found guilty of patronizing a 12-year old is
convicted of a class E felony. This distinction undercuts the
legislative finding, expressed in the Safe Harbour for Exploited Youth
Act (the "Safe Harbor Act"), that minors in prostitution are sexually
exploited children as defined in Social Services Law § 447-a(1).
Imposing a lesser penalty for individuals who pay to abuse suggests
that the exchange of money mitigates the magnitude of the offense.

Making the cries of aggravated patronizing a minor sex offenses
(amending Penal Law sections 60.13 and 70.80(1)(a)) also furthers the
legislative goal of recognizing commercial sexual exploitation of
children as a form of child sexual abuse.

Consistency within the Penal Law. The bill creates consistency within
the Penal Law by aligning the ages of victims in each degree of
patronizing a prostituted minor crimes with the age delineated in the
corresponding degree of rape offense. For the crime of patronizing a
person for prostitution in the second degree (Penal Law § 230.05), the
age of the victim is changed from less than 14 to less than 15, where
the patronizer is 18 years old or more. The crime of patronizing a
person for prostitution in the first degree (Penal Law § 230.06) is
amended to include an individual who is 18 years old or more and
patronizes a person less than 13 years old. The crime of promoting
prostitution in the second degree (Penal Law § 230.30) is amended to


include situations where the age of the promoter is less than 18 years
old instead of under 16. The crime of promoting prostitution in the
first degree (Penal Law § 230,32) is amended to include situations
where the age of the child promoted is under 13 instead of under 11,
and where the child promoted is under 15 and the person promoting the
child is 21 years old or more. The crime of compelling prostitution
(Penal Law § 230.33) is amended to include situations in which the
child compelled is under 18 rather than under 16 by a person 18 years
old or more rather than 21 years old or more. Lastly, a person less
than 18 instead of less than 17 will not be deemed an accomplice in
promoting or compelling prostitution under Penal Law § 230.35.

Affirmative defense to prostitution. This bill establishes sex
trafficking as an affirmative defense to prostitution (new § 230.01 of
the Penal Law), In 2010, the Criminal Procedure Law was amended to
enable sex trafficking victims to vacate prostitution convictions (
440.10(1)(i)).Providing an affirmative defense to prostitution where
the defendant asserts that he or she is a victim of sex trafficking
will prompt defense counsel to investigate such circumstances, and to
bring the matter to the attention of the prosecutor and the court.
Such preemptive advocacy would further legislative intent expressed in
the 2010 amendment, contribute to the protection of victims and the
reduction of trafficking, and obviate the need for later
post-conviction challenges.

Referral of services by providers. Accessing social services is
critically important for human trafficking victims. Established
providers of social and legal services are often the first to come
into contact with victims and develop trusting relationships with
them. It is appropriate that these providers, in addition to law
enforcement and district attorneys, be able to make referrals for
needed services. This bill amends the Social Services Law (§ 483-cc)
to expand the scope of persons authorized to make such referrals to
include designated established providers of social or legal services.

Enhanced penalties for trafficking. Sex and labor trafficking are
serious crimes that devastate the lives of victims. Sex trafficking
victims are subjected to rape, frequently over and over, on a daily
basis. Labor trafficking victims endure forced labor, often for
prolonged periods of enslavement. The penalties for trafficking should
be commensurate with the severity of the offenses. The bill designates
certain types of sex trafficking as a Class B violent felony and
designates certain types of labor trafficking a Class D violent felony
(Penal Law § 70.02). The bill also creates a new offense of aggravated
labor trafficking, a Class C felony, where a person compels or induces
another to engage in labor or recruits, entices, harbors, or
transports such other person to engage in labor by means of
intentionally unlawfully providing a controlled substance to such
person with intent to impair such person's judgment (Penal Law
135.37).

Including patronizers in the School Zone law. In his memo in which he
signed into law the legislation that enhanced the penalties for
prostitution in a school zone and promoting prostitution in a school
zone, Governor Cuomo called attention to a gap in the bill, namely,
that it failed to "provide a complete, fully effective solution to the
problem it is designed to address" by omitting patronizers. The


Governor urged the Legislature to "enact similar enhanced penalties
for patronizing a prostitute within a school zone, in order to protect
our children." This bill amends the Penal Law (§ , 230.08) consistent
with the Governor's recommendation.

Holding livery and limousine drivers accountable. Livery and limousine
drivers, many unlicensed, have become central players in the
trafficking of human beings. This growing phenomenon was the focus of
a joint hearing of the New York City Council's Women's Issues and
Public Safety Committees in 2012. Amending the Penal Law to include
the use of a vehicle for the purpose of advancing prostitution to
constitute the offense of permitting prostitution under Penal Law
230.40 will better ensure that livery and limousine drivers will be
prosecuted for their crimes. In addition, by providing for the
suspension and revocation of class E driver's licenses where the
holder is convicted of a violation of promoting prostitution, sex
trafficking or permitting prostitution offenses and the holder used a
for hire vehicle to commit such offense will enable us to more
effectively limit the use of a vehicle in prostitution.

Eliminating the stigma inherent In the Penal Law. The use of the term
"prostitute" in the Penal Law unnecessarily stigmatizes a large group
of criminal defendants, many of whom are sex trafficking victims. The
use of the term "prostitute" is the only instance in the Penal Law
where an individual is identified by the crime he or she allegedly
commits; nowhere else does the Penal Law designate the criminal
defendant by the crime. For example, a criminal defendant is not
referred to as a "murderer," "robber," or "burglar." Given the fact
that the vast majority of the persons designated as "prostitutes" are
women, the use of the word "prostitute" reflects and contributes to
gender bias. To eliminate the stigma and bias, the bill replaces all
references in the Penal Law to "prostitute" with the phrase "person
for prostitution."

Better utilization of investigatory tools. The bill enhances the
development of evidence-based cases against pimps and traffickers by
amending the Criminal Procedure Law (§ 700.05) to allow law
enforcement to obtain judicial warrants to conduct eavesdropping and
video surveillance where there is reasonable cause that the suspect
manages, supervises, controls or owns a house of prostitution, or
prostitutes minors or otherwise engages in activities that constitute
promoting prostitution in the third degree under Penal Law § 230.25 as
well as in cases of aggravated labor trafficking under section 135.37
of the Penal Law. Currently, law enforcement can obtain judicial
warrants to intercept conversations in their investigations of
traffickers only when they can establish coercion or that the victim
is under 16. Without the ability to conduct surveillance of persons
overtly promoting prostitution and the instruments used in furtherance
of such promotion, law enforcement has long been stymied in ferreting
out these perpetrators. With this amendment, we will facilitate the
investigation of prostitution rings and, at the same time, identify
and target human traffickers.

Providing victims civil remedies. Recognizing that persons compelled
to engage in prostitution or labor are victims and to assist these
victims in rebuilding their lives, this bill provides victims of sex
trafficking, compelling prostitution and labor trafficking the ability


to recover damages and reasonable attorney's fees from their
traffickers and those who should have known they were advancing or
profiting from sex trafficking, compelling prostitution or labor
trafficking. With the knowledge that victims face an arduous path to
finally escaping the control of their traffickers to engage in sex or
labor, the bill provides victims a period of 10 years in which he or
she may bring a civil action against his or her perpetrator, which
period will not begin to run and will be tolled during any period in
which the victim is or remains subject to engaging in sex trafficking,
compelling prostitution or labor trafficking.

Law enforcement training. Finally, to ensure that law enforcement is
aware of the circumstances in which an individual may be a victim of
human trafficking and of the services available to such victims, this
bill requires the Municipal Police Training Council and the
Superintendent of the State Police to develop, maintain and
disseminate, in consultation with OTDA and DCJS, written policies and
procedures relating to the identification of human trafficking victims
and referral to appropriate social and legal services for services
available for such victims as referenced in section 483-bb of the
Social Services Law.

LEGISLATIVE HISTORY:

2012: S.5879 - Passed Senate / A.2240 - Referred to Codes.
2008: Similar to S.7986 - Passed Senate / A.10956, 2008 referred to
Codes.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Effective on the ninetieth day after it shall have become law,
provided that sections 33 and 45 of this act shall take effect
immediately.

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                    S T A T E   O F   N E W   Y O R K
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                                 5879--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 18, 2013
                               ___________

Introduced  by  Sens. LANZA, GALLIVAN, SAVINO, HANNON, CARLUCCI, ESPAIL-
  LAT, GRISANTI, LARKIN, MARTINS -- read twice and ordered printed,  and
  when  printed to be committed to the Committee on Rules -- recommitted
  to the Committee on Rules in accordance with Senate Rule 6, sec. 8  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- committee discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT  to  amend the penal law, the criminal procedure law, the social
  services law, the civil practice law and  rules,  the  mental  hygiene
  law,  the  correction  law,  the  vehicle  and traffic law, the public
  health law, the real property actions and  proceedings  law,  and  the
  real  property  law,  in relation to enacting the "trafficking victims
  protection and justice act"; to amend the penal law,  in  relation  to
  prostitution in a school zone; to amend chapter 74 of the laws of 2007
  amending  the  penal  law,  the criminal procedure law, the correction
  law, the social services law, and the executive law relating to  human
  trafficking,  in  relation  to extending the interagency task force on
  human trafficking for four years; and to amend the executive  law,  in
  relation to human trafficking awareness

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

  Section 1. Short title. This act shall be known and may  be  cited  as
the "trafficking victims protection and justice act".
  S 2. Section 60.13 of the penal law, as added by chapter 7 of the laws
of 2007, is amended to read as follows:
S 60.13 Authorized dispositions; felony sex offenses.
  When  a  person  is  to  be sentenced upon a conviction for any felony
defined in article one hundred thirty of this chapter, including a sexu-
ally motivated felony, or patronizing a [prostitute] PERSON FOR  PROSTI-
TUTION in the first degree as defined in section 230.06 of this chapter,
AGGRAVATED  PATRONIZING  A MINOR FOR PROSTITUTION IN THE THIRD DEGREE AS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12057-06-4

S. 5879--B                          2

DEFINED IN SECTION 230.11 OF  THIS  CHAPTER,  AGGRAVATED  PATRONIZING  A
MINOR FOR PROSTITUTION IN THE SECOND DEGREE AS DEFINED IN SECTION 230.12
OF  THIS CHAPTER, AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE
FIRST DEGREE AS DEFINED IN SECTION 230.13 OF THIS CHAPTER, incest in the
second degree as defined in section 255.26 of this chapter, or incest in
the  first  degree  as  defined  in section 255.27 of this chapter, or a
felony attempt or conspiracy to commit any of these  crimes,  the  court
must sentence the defendant in accordance with the provisions of section
70.80 of this title.
  S  3.  Paragraphs (a) and (c) of subdivision 1 of section 70.02 of the
penal law, paragraph (a) as amended by chapter 320 of the laws  of  2006
and  paragraph  (c)  as  amended  by  chapter 1 of the laws of 2013, are
amended to read as follows:
  (a) Class B violent felony offenses: an attempt to  commit  the  class
A-I  felonies  of  murder  in  the  second  degree as defined in section
125.25, kidnapping in the first degree as defined in section 135.25, and
arson in the first degree as defined in section 150.20; manslaughter  in
the  first  degree as defined in section 125.20, aggravated manslaughter
in the first degree as defined in section  125.22,  rape  in  the  first
degree  as  defined  in section 130.35, criminal sexual act in the first
degree as defined in section 130.50,  aggravated  sexual  abuse  in  the
first  degree  as  defined  in  section 130.70, course of sexual conduct
against a child in the  first  degree  as  defined  in  section  130.75;
assault  in the first degree as defined in section 120.10, kidnapping in
the second degree as defined in section 135.20, burglary  in  the  first
degree  as  defined  in  section  140.30,  arson in the second degree as
defined in section 150.15, robbery in the first  degree  as  defined  in
section  160.15, SEX TRAFFICKING AS DEFINED IN PARAGRAPHS (A) AND (B) OF
SUBDIVISION FIVE OF SECTION  230.34,  incest  in  the  first  degree  as
defined  in section 255.27, criminal possession of a weapon in the first
degree as defined in section 265.04, criminal use of a  firearm  in  the
first degree as defined in section 265.09, criminal sale of a firearm in
the first degree as defined in section 265.13, aggravated assault upon a
police  officer  or  a  peace officer as defined in section 120.11, gang
assault in the first degree as defined in section 120.07, intimidating a
victim or witness in the first degree  as  defined  in  section  215.17,
hindering  prosecution  of  terrorism  in the first degree as defined in
section 490.35, criminal possession of a chemical weapon  or  biological
weapon  in  the second degree as defined in section 490.40, and criminal
use of a chemical weapon or biological weapon in  the  third  degree  as
defined in section 490.47.
  (c)  Class  D violent felony offenses: an attempt to commit any of the
class C felonies set forth in paragraph (b); reckless assault of a child
as defined in section 120.02, assault in the second degree as defined in
section 120.05, menacing a police officer or peace officer as defined in
section 120.18, stalking in the first degree, as defined in  subdivision
one  of section 120.60, strangulation in the second degree as defined in
section 121.12, rape in the second degree as defined in section  130.30,
criminal  sexual  act in the second degree as defined in section 130.45,
sexual abuse in the first degree as defined in section 130.65, course of
sexual conduct against a child  in  the  second  degree  as  defined  in
section  130.80,  aggravated sexual abuse in the third degree as defined
in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
substance  as defined in section 130.90, LABOR TRAFFICKING AS DEFINED IN
PARAGRAPHS (A) AND (B) OF SUBDIVISION THREE OF SECTION 135.35,  criminal
possession  of  a  weapon  in the third degree as defined in subdivision

S. 5879--B                          3

five, six, seven, eight, nine or ten of section 265.02, criminal sale of
a firearm in the third degree as defined in section 265.11, intimidating
a victim or witness in the second degree as defined in  section  215.16,
soliciting  or  providing  support for an act of terrorism in the second
degree as defined in section 490.10, and making a terroristic threat  as
defined  in  section  490.20, falsely reporting an incident in the first
degree as defined in section 240.60, placing a false bomb  or  hazardous
substance  in  the  first degree as defined in section 240.62, placing a
false bomb or hazardous substance in a sports  stadium  or  arena,  mass
transportation  facility or enclosed shopping mall as defined in section
240.63, and aggravated unpermitted use of  indoor  pyrotechnics  in  the
first degree as defined in section 405.18.
  S 4. Paragraph (a) of subdivision 1 of section 70.80 of the penal law,
as  added  by  chapter  7  of  the  laws  of 2007, is amended to read as
follows:
  (a) For the purposes of this section, a "felony sex offense"  means  a
conviction  of  any felony defined in article one hundred thirty of this
chapter, including a sexually motivated felony, or patronizing a  [pros-
titute]  PERSON  FOR  PROSTITUTION  in  the  first  degree as defined in
section 230.06 of this chapter, PATRONIZING A PERSON FOR PROSTITUTION IN
THE SECOND DEGREE AS DEFINED IN SECTION 230.05 OF THIS  CHAPTER,  AGGRA-
VATED  PATRONIZING  A  MINOR  FOR  PROSTITUTION  IN  THE THIRD DEGREE AS
DEFINED IN SECTION 230.11 OF  THIS  CHAPTER,  AGGRAVATED  PATRONIZING  A
MINOR FOR PROSTITUTION IN THE SECOND DEGREE AS DEFINED IN SECTION 230.12
OF  THIS  CHAPTER,  AGGRAVATED  PATRONIZING  A MINOR FOR PROSTITUTION IN
FIRST DEGREE AS DEFINED IN SECTION 230.13 OF THIS CHAPTER, incest in the
second degree as defined in section 255.26 of this chapter, or incest in
the first degree as defined in section 255.27  of  this  chapter,  or  a
felony attempt or conspiracy to commit any of the above.
  S  5.  Section  135.35 of the penal law, as added by chapter 74 of the
laws of 2007, is amended to read as follows:
S 135.35 Labor trafficking.
  A person is guilty of labor  trafficking  if  he  or  she  compels  or
induces  another  to  engage  in labor or recruits, entices, harbors, or
transports such other person by means of intentionally:
  1. [unlawfully providing a controlled substance to  such  person  with
intent to impair said person's judgment;
  2.] requiring that the labor be performed to retire, repay, or service
a real or purported debt that the actor has caused by a systematic ongo-
ing course of conduct with intent to defraud such person;
  [3.]  2.  withholding,  destroying,  or  confiscating  any  actual  or
purported  passport,  immigration  document,  or  any  other  actual  or
purported  government  identification  document,  of another person with
intent to impair said person's freedom of movement;  provided,  however,
that  this subdivision shall not apply to an attempt to correct a social
security administration record or immigration agency record  in  accord-
ance  with  any  local, state, or federal agency requirement, where such
attempt is not made for the purpose of any express or implied threat;
  [4.] 3. using force or engaging in any  scheme,  plan  or  pattern  to
compel or induce such person to engage in or continue to engage in labor
activity  by  means  of  instilling  a  fear in such person that, if the
demand is not complied with, the actor or another will do one or more of
the following:
  (a) cause physical injury, serious physical  injury,  or  death  to  a
person; or
  (b) cause damage to property, other than the property of the actor; or

S. 5879--B                          4

  (c)  engage  in other conduct constituting a felony or unlawful impri-
sonment in the second degree in violation  of  section  135.05  of  this
[chapter] ARTICLE; or
  (d)  accuse some person of a crime or cause criminal charges or depor-
tation proceedings to  be  instituted  against  such  person;  provided,
however,  that  it  shall  be an affirmative defense to this subdivision
that the defendant reasonably believed the threatened charge to be  true
and  that  his or her sole purpose was to compel or induce the victim to
take reasonable action to make good the wrong which was the  subject  of
such threatened charge; or
  (e)  expose  a  secret  or publicize an asserted fact, whether true or
false, tending to subject some person to hatred, contempt  or  ridicule;
or
  (f)  testify  or provide information or withhold testimony or informa-
tion with respect to another's legal claim or defense; or
  (g) use or abuse his or her position as a public servant by performing
some act within or related to his or her official duties, or by  failing
or  refusing  to  perform  an official duty, in such manner as to affect
some person adversely.
  Labor trafficking is a class D felony.
  S 6. The penal law is amended by adding a new section 135.37  to  read
as follows:
S 135.37 AGGRAVATED LABOR TRAFFICKING.
  A  PERSON  IS  GUILTY  OF  AGGRAVATED  LABOR  TRAFFICKING IF HE OR SHE
COMPELS OR INDUCES ANOTHER TO ENGAGE  IN  LABOR  OR  RECRUITS,  ENTICES,
HARBORS,  OR TRANSPORTS SUCH OTHER PERSON TO ENGAGE IN LABOR BY MEANS OF
INTENTIONALLY UNLAWFULLY PROVIDING A CONTROLLED SUBSTANCE TO SUCH PERSON
WITH INTENT TO IMPAIR SAID PERSON'S JUDGMENT.
  AGGRAVATED LABOR TRAFFICKING IS A CLASS C FELONY.
  S 7. Paragraph (a) of subdivision 1 of section  460.10  of  the  penal
law,  as  amended by chapter 405 of the laws of 2010, is amended to read
as follows:
  (a) Any of the felonies set forth in this  chapter:  sections  120.05,
120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat-
ing  to  strangulation;  sections 125.10 to 125.27 relating to homicide;
sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and
135.25 relating to kidnapping;  [section]  SECTIONS  135.35  AND  135.37
relating  to  labor  trafficking;  section  135.65 relating to coercion;
sections 140.20,  140.25  and  140.30  relating  to  burglary;  sections
145.05,  145.10  and  145.12  relating to criminal mischief; article one
hundred fifty relating to arson; sections  155.30,  155.35,  155.40  and
155.42  relating  to  grand larceny; sections 177.10, 177.15, 177.20 and
177.25 relating to health care fraud; article one hundred sixty relating
to robbery; sections 165.45, 165.50, 165.52 and 165.54 relating to crim-
inal possession of stolen property; sections 165.72 and 165.73  relating
to  trademark  counterfeiting;  sections 170.10, 170.15, 170.25, 170.30,
170.40, 170.65 and 170.70 relating to forgery; sections 175.10,  175.25,
175.35, 175.40 and 210.40 relating to false statements; sections 176.15,
176.20,  176.25  and 176.30 relating to insurance fraud; sections 178.20
and 178.25 relating to criminal diversion  of  prescription  medications
and  prescriptions;  sections  180.03,  180.08,  180.15, 180.25, 180.40,
180.45, 200.00, 200.03, 200.04, 200.10, 200.11, 200.12, 200.20,  200.22,
200.25,  200.27, 215.00, 215.05 and 215.19 relating to bribery; sections
187.10, 187.15, 187.20  and  187.25  relating  to  residential  mortgage
fraud,  sections  190.40  and 190.42 relating to criminal usury; section
190.65 relating to schemes to defraud; sections 205.60 and 205.65 relat-

S. 5879--B                          5

ing to hindering prosecution; sections 210.10, 210.15, and 215.51 relat-
ing to perjury and contempt; section 215.40 relating to  tampering  with
physical  evidence;  sections  220.06,  220.09,  220.16, 220.18, 220.21,
220.31,  220.34,  220.39,  220.41,  220.43,  220.46,  220.55, 220.60 and
220.77 relating to controlled substances;  sections  225.10  and  225.20
relating  to  gambling;  sections 230.25, 230.30, and 230.32 relating to
promoting prostitution; section  230.34  relating  to  sex  trafficking;
sections  235.06,  235.07,  235.21  and  235.22  relating  to obscenity;
sections 263.10 and 263.15 relating to promoting a sexual performance by
a child; sections 265.02, 265.03, 265.04, 265.11, 265.12, 265.13 and the
provisions of section 265.10  which  constitute  a  felony  relating  to
firearms  and  other  dangerous  weapons; and sections 265.14 and 265.16
relating to criminal sale of a  firearm;  and  section  275.10,  275.20,
275.30,  or  275.40  relating  to  unauthorized recordings; and sections
470.05, 470.10, 470.15 and 470.20 relating to money laundering; or
  S 8. Paragraphs (b) and (h) of subdivision 8 of section 700.05 of  the
criminal  procedure  law, paragraph (b) as amended by chapter 405 of the
laws of 2010 and paragraph (h) as amended by chapter 154 of the laws  of
1990, are amended to read as follows:
  (b)  Any  of  the  following felonies: assault in the second degree as
defined in section 120.05 of the penal law, assault in the first  degree
as  defined in section 120.10 of the penal law, reckless endangerment in
the first degree as defined in section 120.25 of the penal law,  promot-
ing  a  suicide  attempt  as defined in section 120.30 of the penal law,
strangulation in the second degree as defined in section 121.12  of  the
penal  law,  strangulation  in  the  first  degree as defined in section
121.13 of the penal law, criminally negligent  homicide  as  defined  in
section  125.10  of  the penal law, manslaughter in the second degree as
defined in section 125.15 of the penal law, manslaughter  in  the  first
degree  as  defined  in  section  125.20 of the penal law, murder in the
second degree as defined in section 125.25 of the penal law,  murder  in
the first degree as defined in section 125.27 of the penal law, abortion
in  the  second  degree  as  defined in section 125.40 of the penal law,
abortion in the first degree as defined in section 125.45 of  the  penal
law,  rape in the third degree as defined in section 130.25 of the penal
law, rape in the second degree as defined in section 130.30 of the penal
law, rape in the first degree as defined in section 130.35 of the  penal
law,  criminal  sexual  act  in  the  third degree as defined in section
130.40 of the penal law, criminal sexual act in  the  second  degree  as
defined  in  section 130.45 of the penal law, criminal sexual act in the
first degree as defined in section 130.50 of the penal law, sexual abuse
in the first degree as defined in  section  130.65  of  the  penal  law,
unlawful  imprisonment  in the first degree as defined in section 135.10
of the penal law, kidnapping in the second degree as defined in  section
135.20  of  the  penal law, kidnapping in the first degree as defined in
section 135.25 of the penal law, labor trafficking as defined in section
135.35 of the penal law, AGGRAVATED  LABOR  TRAFFICKING  AS  DEFINED  IN
SECTION  135.37  OF  THE  PENAL LAW, custodial interference in the first
degree as defined in section 135.50 of the penal law,  coercion  in  the
first  degree  as  defined  in section 135.65 of the penal law, criminal
trespass in the first degree as defined in section 140.17 of  the  penal
law,  burglary  in  the third degree as defined in section 140.20 of the
penal law, burglary in the second degree as defined in section 140.25 of
the penal law, burglary in the first degree as defined in section 140.30
of the penal law, criminal mischief in the third degree  as  defined  in
section  145.05 of the penal law, criminal mischief in the second degree

S. 5879--B                          6

as defined in section 145.10 of the penal law, criminal mischief in  the
first  degree  as  defined  in section 145.12 of the penal law, criminal
tampering in the first degree as defined in section 145.20 of the  penal
law,  arson  in  the  fourth  degree as defined in section 150.05 of the
penal law, arson in the third degree as defined in section 150.10 of the
penal law, arson in the second degree as defined in  section  150.15  of
the penal law, arson in the first degree as defined in section 150.20 of
the  penal law, grand larceny in the fourth degree as defined in section
155.30 of the penal law, grand larceny in the third degree as defined in
section 155.35 of the penal law, grand larceny in the second  degree  as
defined  in  section 155.40 of the penal law, grand larceny in the first
degree as defined in section 155.42 of the penal law, health care  fraud
in  the  fourth  degree  as  defined in section 177.10 of the penal law,
health care fraud in the third degree as defined in  section  177.15  of
the  penal  law,  health  care  fraud in the second degree as defined in
section 177.20 of the penal law, health care fraud in the  first  degree
as  defined  in  section  177.25  of the penal law, robbery in the third
degree as defined in section 160.05 of the penal  law,  robbery  in  the
second  degree as defined in section 160.10 of the penal law, robbery in
the first degree as defined in section 160.15 of the penal law, unlawful
use of secret scientific material as defined in section  165.07  of  the
penal  law,  criminal possession of stolen property in the fourth degree
as defined in section 165.45 of the penal law,  criminal  possession  of
stolen  property in the third degree as defined in section 165.50 of the
penal law, criminal possession of stolen property in the  second  degree
as  defined  by  section 165.52 of the penal law, criminal possession of
stolen property in the first degree as defined by section 165.54 of  the
penal  law,  trademark counterfeiting in the second degree as defined in
section 165.72 of the penal law, trademark counterfeiting in  the  first
degree  as  defined  in  section 165.73 of the penal law, forgery in the
second degree as defined in section 170.10 of the penal law, forgery  in
the first degree as defined in section 170.15 of the penal law, criminal
possession  of  a  forged  instrument in the second degree as defined in
section 170.25 of the penal law, criminal possession of a forged instru-
ment in the first degree as defined in section 170.30 of the penal  law,
criminal  possession  of forgery devices as defined in section 170.40 of
the penal law, falsifying  business  records  in  the  first  degree  as
defined  in  section  175.10  of  the  penal  law, tampering with public
records in the first degree as defined in section 175.25  of  the  penal
law,  offering  a  false  instrument  for  filing in the first degree as
defined in section 175.35 of the penal law, issuing a false  certificate
as  defined  in  section  175.40 of the penal law, criminal diversion of
prescription medications and  prescriptions  in  the  second  degree  as
defined  in  section  178.20  of  the  penal  law, criminal diversion of
prescription medications  and  prescriptions  in  the  first  degree  as
defined  in  section 178.25 of the penal law, residential mortgage fraud
in the fourth degree as defined in section  187.10  of  the  penal  law,
residential  mortgage  fraud  in  the third degree as defined in section
187.15 of the penal law, residential mortgage fraud in the second degree
as defined in section 187.20 of  the  penal  law,  residential  mortgage
fraud in the first degree as defined in section 187.25 of the penal law,
escape  in  the  second degree as defined in section 205.10 of the penal
law, escape in the first degree as defined  in  section  205.15  of  the
penal  law,  absconding  from  temporary  release in the first degree as
defined in section 205.17 of the penal law, promoting prison  contraband
in  the  first  degree  as  defined  in section 205.25 of the penal law,

S. 5879--B                          7

hindering prosecution in the second degree as defined in section  205.60
of  the  penal law, hindering prosecution in the first degree as defined
in section 205.65 of the  penal  law,  sex  trafficking  as  defined  in
section  230.34 of the penal law, criminal possession of a weapon in the
third degree as defined in subdivisions two, three and five  of  section
265.02  of  the penal law, criminal possession of a weapon in the second
degree  as  defined  in  section  265.03  of  the  penal  law,  criminal
possession  of a weapon in the first degree as defined in section 265.04
of the penal law, manufacture, transport, disposition and defacement  of
weapons  and dangerous instruments and appliances defined as felonies in
subdivisions one, two, and three of section 265.10  of  the  penal  law,
sections  265.11,  265.12 and 265.13 of the penal law, or prohibited use
of weapons as defined in subdivision two of section 265.35 of the  penal
law,  relating  to  firearms  and other dangerous weapons, or failure to
disclose the origin of a recording in the first  degree  as  defined  in
section 275.40 of the penal law;
  (h)  Promoting prostitution in the first degree, as defined in section
230.32 of the penal law, promoting prostitution in the second degree, as
defined by subdivision one of section 230.30 of the penal law, PROMOTING
PROSTITUTION IN THE THIRD DEGREE, AS DEFINED IN SECTION  230.25  OF  THE
PENAL LAW;
  S  9.  The penal law is amended by adding a new section 230.01 to read
as follows:
S 230.01 PROSTITUTION; AFFIRMATIVE DEFENSE.
  IN ANY PROSECUTION UNDER SECTION 230.00, SECTION 230.03 OR SUBDIVISION
TWO OF SECTION 240.37 OF THIS PART, IT IS AN  AFFIRMATIVE  DEFENSE  THAT
THE DEFENDANT'S PARTICIPATION IN THE OFFENSE WAS A RESULT OF HAVING BEEN
A  VICTIM  OF  COMPELLING PROSTITUTION UNDER SECTION 230.33, A VICTIM OF
SEX TRAFFICKING UNDER SECTION 230.34 OF THIS  ARTICLE  OR  A  VICTIM  OF
TRAFFICKING  IN  PERSONS  UNDER  THE  TRAFFICKING VICTIMS PROTECTION ACT
(UNITED STATES CODE, TITLE 22, CHAPTER 78).
  S 10. The section heading and subdivision 1 of section 230.02  of  the
penal law, as amended by chapter 627 of the laws of 1978, are amended to
read as follows:
  Patronizing a [prostitute] PERSON FOR PROSTITUTION; definitions.
  1. A person patronizes a [prostitute] PERSON FOR PROSTITUTION when:
  (a) Pursuant to a prior understanding, he OR SHE pays a fee to another
person  as compensation for such person or a third person having engaged
in sexual conduct with him OR HER; or
  (b) He OR SHE pays or agrees to pay a fee to another  person  pursuant
to  an  understanding  that  in  return  therefor such person or a third
person will engage in sexual conduct with him OR HER; or
  (c) He OR SHE solicits or requests another person to engage in  sexual
conduct with him OR HER in return for a fee.
  S  11.  Subdivision  2 of section 230.03 of the penal law, as added by
chapter 191 of the laws of 2011, is amended to read as follows:
  2. For the purposes of this section, SECTION 230.08 and section 230.19
of this article, "school zone" means (a) in or on or within  any  build-
ing,  structure,  athletic  playing  field, playground or land contained
within the real property boundary line of a public or private  elementa-
ry, parochial, intermediate, junior high, vocational, or high school, or
(b)  any  public  sidewalk,  street,  parking  lot,  park, playground or
private land, located immediately adjacent to the boundary line of  such
school.
  S 12. Section 230.04 of the penal law, as amended by chapter 74 of the
laws of 2007, is amended to read as follows:

S. 5879--B                          8

S 230.04 Patronizing a [prostitute] PERSON FOR PROSTITUTION in the third
           degree.
  A  person is guilty of patronizing a [prostitute] PERSON FOR PROSTITU-
TION in the third degree when he or she patronizes a [prostitute] PERSON
FOR PROSTITUTION.
  Patronizing a [prostitute] PERSON FOR PROSTITUTION in the third degree
is a class A misdemeanor.
  S 13. Section 230.05 of the penal law, as added by chapter 627 of  the
laws of 1978, is amended to read as follows:
S 230.05 Patronizing  a  [prostitute]  PERSON  FOR  PROSTITUTION  in the
           second degree.
  A person is guilty of patronizing a [prostitute] PERSON FOR  PROSTITU-
TION in the second degree when, being [over] eighteen years [of age] OLD
OR MORE, he OR SHE patronizes a [prostitute] PERSON FOR PROSTITUTION and
the  person  patronized  is  less than [fourteen] FIFTEEN years [of age]
OLD.
  Patronizing a [prostitute]  PERSON  FOR  PROSTITUTION  in  the  second
degree is a class E felony.
  S  14. Section 230.06 of the penal law, as added by chapter 627 of the
laws of 1978, is amended to read as follows:
S 230.06 Patronizing a [prostitute] PERSON FOR PROSTITUTION in the first
           degree.
  A person is guilty of patronizing a [prostitute] PERSON FOR  PROSTITU-
TION in the first degree when [he]:
  1. HE OR SHE patronizes a [prostitute] PERSON FOR PROSTITUTION and the
person patronized is less than eleven years [of age] OLD; OR
  2. BEING EIGHTEEN YEARS OLD OR MORE, HE OR SHE PATRONIZES A PERSON FOR
PROSTITUTION AND THE PERSON PATRONIZED IS LESS THAN THIRTEEN YEARS OLD.
  Patronizing a [prostitute] PERSON FOR PROSTITUTION in the first degree
is a class D felony.
  S 15. Section 230.07 of the penal law, as amended by chapter 74 of the
laws of 2007, is amended to read as follows:
S 230.07 Patronizing a [prostitute] PERSON FOR PROSTITUTION; defense.
  In any prosecution for patronizing a [prostitute] PERSON FOR PROSTITU-
TION  in the first or second degrees OR PATRONIZING A PERSON FOR PROSTI-
TUTION IN A SCHOOL ZONE, it is a defense that the defendant did not have
reasonable grounds to believe that the person  was  less  than  the  age
specified.
  S  16. The penal law is amended by adding a new section 230.08 to read
as follows:
S 230.08 PATRONIZING A PERSON FOR PROSTITUTION IN A SCHOOL ZONE.
  1. A PERSON IS GUILTY OF PATRONIZING A PERSON FOR  PROSTITUTION  IN  A
SCHOOL  ZONE WHEN, BEING TWENTY-ONE YEARS OLD OR MORE, HE OR SHE PATRON-
IZES A PERSON FOR PROSTITUTION AND THE PERSON PATRONIZED  IS  LESS  THAN
EIGHTEEN YEARS OLD AT A PLACE THAT HE OR SHE KNOWS, OR REASONABLY SHOULD
KNOW, IS IN A SCHOOL ZONE.
  2.  FOR  PURPOSES  OF  THIS  SECTION, "SCHOOL ZONE" SHALL MEAN "SCHOOL
ZONE" AS DEFINED IN SUBDIVISION TWO OF SECTION 230.03 OF THIS ARTICLE.
  PATRONIZING A PERSON FOR PROSTITUTION IN A SCHOOL ZONE IS  A  CLASS  E
FELONY.
  S  17. The section heading and the opening paragraph of section 230.10
of the penal law are amended to read as follows:
  Prostitution and patronizing a [prostitute] PERSON  FOR  PROSTITUTION;
no defense.
  In  any  prosecution  for  prostitution  or patronizing a [prostitute]
PERSON FOR PROSTITUTION, the sex  of  the  two  parties  or  prospective

S. 5879--B                          9

parties  to  the sexual conduct engaged in, contemplated or solicited is
immaterial, and it is no defense that:
  S  18.  The  penal law is amended by adding three new sections 230.11,
230.12 and 230.13 to read as follows:
S 230.11 AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION  IN  THE  THIRD
           DEGREE.
  A  PERSON IS GUILTY OF AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION
IN THE THIRD DEGREE WHEN, BEING TWENTY-ONE YEARS OLD OR MORE, HE OR  SHE
PATRONIZES  A  PERSON FOR PROSTITUTION AND THE PERSON PATRONIZED IS LESS
THAN SEVENTEEN YEARS OLD AND THE PERSON GUILTY OF PATRONIZING ENGAGES IN
SEXUAL INTERCOURSE, ORAL SEXUAL CONDUCT, ANAL SEXUAL CONDUCT, OR  AGGRA-
VATED  SEXUAL  CONDUCT  AS  THOSE TERMS ARE DEFINED IN SECTION 130.00 OF
THIS PART, WITH THE PERSON PATRONIZED.
  AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE THIRD DEGREE IS
A CLASS E FELONY.
S 230.12 AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN  THE  SECOND
           DEGREE.
  A  PERSON IS GUILTY OF AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION
IN THE SECOND DEGREE WHEN, BEING EIGHTEEN YEARS OLD OR MORE, HE  OR  SHE
PATRONIZES  A  PERSON FOR PROSTITUTION AND THE PERSON PATRONIZED IS LESS
THAN FIFTEEN YEARS OLD AND THE PERSON GUILTY OF PATRONIZING  ENGAGES  IN
SEXUAL  INTERCOURSE, ORAL SEXUAL CONDUCT, ANAL SEXUAL CONDUCT, OR AGGRA-
VATED SEXUAL CONDUCT AS THOSE TERMS ARE DEFINED  IN  SECTION  130.00  OF
THIS PART, WITH THE PERSON PATRONIZED.
  AGGRAVATED  PATRONIZING  A MINOR FOR PROSTITUTION IN THE SECOND DEGREE
IS A CLASS D FELONY.
S 230.13 AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION  IN  THE  FIRST
           DEGREE.
  A  PERSON IS GUILTY OF AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION
IN THE FIRST DEGREE WHEN HE OR SHE PATRONIZES A PERSON FOR  PROSTITUTION
AND  THE PERSON PATRONIZED IS LESS THAN ELEVEN YEARS OLD, OR BEING EIGH-
TEEN YEARS OLD OR MORE, HE OR SHE PATRONIZES A PERSON  FOR  PROSTITUTION
AND  THE  PERSON  PATRONIZED  IS  LESS  THAN THIRTEEN YEARS OLD, AND THE
PERSON GUILTY OF PATRONIZING ENGAGES IN SEXUAL INTERCOURSE, ORAL  SEXUAL
CONDUCT,  ANAL  SEXUAL  CONDUCT,  OR  AGGRAVATED SEXUAL CONDUCT AS THOSE
TERMS ARE DEFINED IN SECTION  130.00  OF  THIS  PART,  WITH  THE  PERSON
PATRONIZED.
  AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE FIRST DEGREE IS
A CLASS B FELONY.
  S  19.  Subdivisions  1  and  2 of section 230.15 of the penal law are
amended to read as follows:
  1. "Advance prostitution."  A  person  "advances  prostitution"  when,
acting  other  than  as  a  [prostitute]  PERSON IN PROSTITUTION or as a
patron thereof, he OR SHE knowingly causes or aids a person to commit or
engage in prostitution, procures or solicits patrons  for  prostitution,
provides  persons  or  premises  for  prostitution purposes, operates or
assists in the operation of a house of prostitution  or  a  prostitution
enterprise,  or  engages in any other conduct designed to institute, aid
or facilitate an act or enterprise of prostitution.
  2. "Profit from prostitution." A person  "profits  from  prostitution"
when, acting other than as a [prostitute] PERSON IN PROSTITUTION receiv-
ing  compensation  for  personally rendered prostitution services, he OR
SHE accepts or receives money or other property pursuant to an agreement
or understanding with any person whereby he OR SHE participates or is to
participate in the proceeds of prostitution activity.

S. 5879--B                         10

  S 20. Subdivision 1 of section 230.19 of the penal law,  as  added  by
chapter 191 of the laws of 2011, is amended to read as follows:
  1. A person is guilty of promoting prostitution in a school zone when,
being  nineteen  years [of age] OLD or [older] MORE, he or she knowingly
advances or profits from prostitution that he or she knows or reasonably
should know is or will be committed in violation of  section  230.03  of
this  article  in  a  school  zone  during  the  hours that school is in
session.
  S 21. The opening paragraph and subdivision 1 of section 230.25 of the
penal law, the opening paragraph as amended by chapter 627 of  the  laws
of  1978 and subdivision 1 as amended by chapter 74 of the laws of 2007,
are amended to read as follows:
  A person is guilty of promoting prostitution in the third degree  when
he OR SHE knowingly:
  1.  Advances  or  profits  from prostitution by managing, supervising,
controlling or owning, either alone or in  association  with  others,  a
house of prostitution or a prostitution business or enterprise involving
prostitution  activity by two or more [prostitutes] PERSONS IN PROSTITU-
TION, or a business that sells travel-related services knowing that such
services include or are intended to facilitate travel for the purpose of
patronizing a [prostitute]  PERSON  FOR  PROSTITUTION,  including  to  a
foreign  jurisdiction  and regardless of the legality of prostitution in
said foreign jurisdiction; or
  S 22. Section 230.30 of the penal law, as amended by  chapter  627  of
the laws of 1978, is amended to read as follows:
S 230.30 Promoting prostitution in the second degree.
  A person is guilty of promoting prostitution in the second degree when
he OR SHE knowingly:
  1.  Advances  prostitution  by  compelling a person by force or intim-
idation to engage in prostitution, or profits from such coercive conduct
by another; or
  2. Advances or  profits  from  prostitution  of  a  person  less  than
[sixteen] EIGHTEEN years old.
  Promoting prostitution in the second degree is a class C felony.
  S  23. The first undesignated paragraph of section 230.32 of the penal
law, as added by chapter 627 of the laws of 1978, is amended to read  as
follows:
  A  person is guilty of promoting prostitution in the first degree when
he OR SHE:
  1. knowingly advances or profits from prostitution of  a  person  less
than [eleven] THIRTEEN years old; OR
  2. BEING TWENTY-ONE YEARS OLD OR MORE, HE OR SHE KNOWINGLY ADVANCES OR
PROFITS FROM PROSTITUTION OF A PERSON LESS THAN FIFTEEN YEARS OLD.
  S  24. Section 230.33 of the penal law, as added by chapter 450 of the
laws of 2005, is amended to read as follows:
S 230.33 Compelling prostitution.
  A person is guilty of compelling prostitution when, being [twenty-one]
EIGHTEEN years [of age or older]  OLD  OR  MORE,  he  or  she  knowingly
advances  prostitution  by compelling a person less than [sixteen] EIGH-
TEEN years old, by force or intimidation, to engage in prostitution.
  Compelling prostitution is a class B felony.
  S 25. Section 230.35 of the penal law, as amended by  chapter  450  of
the laws of 2005, is amended to read as follows:
S 230.35 Promoting or compelling prostitution; accomplice.
  In  a  prosecution  for promoting prostitution or compelling prostitu-
tion, a person less than [seventeen] EIGHTEEN years [of  age]  OLD  from

S. 5879--B                         11

whose  prostitution  activity another person is alleged to have advanced
or attempted to advance or profited or attempted to profit shall not  be
deemed to be an accomplice.
  S  26. The first undesignated paragraph of section 230.40 of the penal
law is amended to read as follows:
  A person is guilty of permitting prostitution when, having  possession
or  control  of premises OR VEHICLE which he OR SHE knows are being used
for prostitution purposes OR FOR THE PURPOSE OF ADVANCING  PROSTITUTION,
he OR SHE fails to make reasonable effort to halt or abate such use.
  S  27.  Subdivision  2 of section 240.37 of the penal law, as added by
chapter 344 of the laws of 1976, is amended, and subdivision 3 is renum-
bered subdivision 4 and a new subdivision 3 is added to read as follows:
  2. Any person who remains or wanders  about  in  a  public  place  and
repeatedly  beckons  to,  or repeatedly stops, or repeatedly attempts to
stop, or repeatedly attempts to engage passers-by  in  conversation,  or
repeatedly  stops  or  attempts  to  stop  motor vehicles, or repeatedly
interferes with the free passage of other persons, for  the  purpose  of
prostitution[,  or  of  patronizing  a prostitute as those terms are] AS
THAT TERM IS defined in article two hundred thirty of  [the  penal  law]
THIS  PART,  shall  be  guilty of a violation and is guilty of a class B
misdemeanor if such person has previously been convicted of a  violation
of  this  section  or  of  [sections] SECTION 230.00 [or 230.05] of [the
penal law] THIS PART.
  3. ANY PERSON WHO REMAINS OR WANDERS  ABOUT  IN  A  PUBLIC  PLACE  AND
REPEATEDLY  BECKONS  TO,  OR REPEATEDLY STOPS, OR REPEATEDLY ATTEMPTS TO
STOP, OR REPEATEDLY ATTEMPTS TO ENGAGE PASSERS-BY  IN  CONVERSATION,  OR
REPEATEDLY  STOPS  OR  ATTEMPTS  TO  STOP  MOTOR VEHICLES, OR REPEATEDLY
INTERFERES WITH THE FREE PASSAGE OF OTHER PERSONS, FOR  THE  PURPOSE  OF
PATRONIZING  A  PERSON  FOR PROSTITUTION AS DEFINED IN SECTION 230.02 OF
THIS PART, SHALL BE GUILTY OF A VIOLATION AND IS GUILTY  OF  A  CLASS  B
MISDEMEANOR  IF SUCH PERSON HAS PREVIOUSLY BEEN CONVICTED OF A VIOLATION
OF THIS SECTION OR OF SECTION 230.04, 230.05, 230.06 OR 230.08  OF  THIS
PART.
  S  28.  Subdivision 6 of section 380.50 of the criminal procedure law,
as amended by chapter 320 of the laws of 2006, is  amended  to  read  as
follows:
  6.  Regardless of whether the victim requests to make a statement with
regard to the defendant's sentence, where the defendant is sentenced for
a violent felony offense as defined in section 70.02 of the penal law or
a felony defined in article one hundred twenty-five of such law  or  any
of the following provisions of such law sections 130.25, 130.30, 130.40,
130.45, 255.25, 255.26, 255.27, article two hundred sixty-three, 135.10,
135.25,  230.05,  230.06,  230.11,  230.12,  230.13,  subdivision two of
section 230.30 or 230.32, the prosecutor shall, within sixty days of the
imposition of sentence, provide the victim with  a  form  on  which  the
victim  may  indicate  a demand to be informed of any petition to change
the name of such defendant.   Such forms shall  be  maintained  by  such
prosecutor. Upon receipt of a notice of a petition to change the name of
any  such defendant, pursuant to subdivision two of section sixty-two of
the civil rights law, the prosecutor shall promptly notify the victim at
the most current address or telephone number provided by such victim  in
the  most reasonable and expedient possible manner of the time and place
such petition will be presented to the court.
  S 29. Paragraph (i) of subdivision 1 of section 440.10 of the criminal
procedure law, as added by chapter 332 of the laws of 2010,  is  amended
to read as follows:

S. 5879--B                         12

  (i)  The judgment is a conviction where the arresting charge was under
section 240.37 (loitering for the purpose of engaging in a  prostitution
offense, provided that the defendant was not alleged to be loitering for
the  purpose  of  patronizing  a [prostitute] PERSON FOR PROSTITUTION or
promoting prostitution) or 230.00 (prostitution) OR 230.03 (PROSTITUTION
IN A SCHOOL ZONE) of the penal law, and the defendant's participation in
the  offense  was  a  result  of having been a victim of sex trafficking
under section 230.34 of the penal law, LABOR TRAFFICKING  UNDER  SECTION
135.35  OF  THE  PENAL  LAW,  AGGRAVATED LABOR TRAFFICKING UNDER SECTION
135.37 OF THE PENAL LAW, COMPELLING PROSTITUTION UNDER SECTION 230.33 OF
THE PENAL LAW, or trafficking in persons under the  Trafficking  Victims
Protection Act (United States Code, title 22, chapter 78); provided that
  (i)  a  motion  under this paragraph shall be made with due diligence,
after the defendant has ceased to be a victim  of  such  trafficking  OR
COMPELLING PROSTITUTION CRIME or has sought services for victims of such
trafficking  OR  COMPELLING  PROSTITUTION  CRIME,  subject to reasonable
concerns for the safety of the defendant, family members of the  defend-
ant,  or  other  victims  of such trafficking OR COMPELLING PROSTITUTION
CRIME that may be jeopardized by the bringing of  such  motion,  or  for
other reasons consistent with the purpose of this paragraph; and
  (ii)  official  documentation of the defendant's status as a victim of
[sex] trafficking, COMPELLING PROSTITUTION or trafficking in persons  at
the time of the offense from a federal, state or local government agency
shall  create  a  presumption  that the defendant's participation in the
offense was a result of having been a victim of sex trafficking, COMPEL-
LING PROSTITUTION or trafficking in persons, but shall not  be  required
for granting a motion under this paragraph.
  S 30. Section 483-bb of the social services law is amended by adding a
new subdivision (c) to read as follows:
  (C) AN INDIVIDUAL WHO IS A VICTIM OF THE CONDUCT PROHIBITED BY SECTION
230.33,  230.34,  135.35  OR  135.37  OF THE PENAL LAW MAY BRING A CIVIL
ACTION AGAINST THE PERPETRATOR OR WHOEVER KNOWINGLY ADVANCES OR  PROFITS
FROM,  OR WHOEVER SHOULD HAVE KNOWN HE OR SHE WAS ADVANCING OR PROFITING
FROM, AN ACT IN VIOLATION OF SECTION 230.33, 230.34, 135.35 OR 135.37 OF
THE PENAL LAW TO RECOVER DAMAGES AND REASONABLE ATTORNEY'S FEES.
  S 31. Section 212 of the civil practice law and rules  is  amended  by
adding a new subdivision (e) to read as follows:
  (E)  BY A VICTIM OF SEX TRAFFICKING, COMPELLING PROSTITUTION, OR LABOR
TRAFFICKING. AN ACTION BY A VICTIM OF SEX TRAFFICKING, COMPELLING  PROS-
TITUTION,  LABOR  TRAFFICKING  OR  AGGRAVATED LABOR TRAFFICKING, BROUGHT
PURSUANT TO SUBDIVISION (C) OF SECTION FOUR HUNDRED  EIGHTY-THREE-BB  OF
THE  SOCIAL  SERVICES  LAW, MAY BE COMMENCED WITHIN TEN YEARS AFTER SUCH
VICTIMIZATION OCCURS PROVIDED, HOWEVER, THAT SUCH TEN YEAR PERIOD  SHALL
NOT  BEGIN  TO  RUN  AND  SHALL BE TOLLED DURING ANY PERIOD IN WHICH THE
VICTIM IS OR REMAINS SUBJECT TO SUCH CONDUCT.
  S 32. Subdivision (a) of section 483-cc of the social services law, as
added by chapter 74 of the laws of 2007, is amended to read as follows:
  (a) As soon as practicable after a first encounter with a  person  who
reasonably  appears  to a law enforcement agency [or a], district attor-
ney's office, OR AN ESTABLISHED PROVIDER OF  SOCIAL  OR  LEGAL  SERVICES
DESIGNATED  BY  THE  OFFICE  OF TEMPORARY AND DISABILITY ASSISTANCE, THE
OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE OR THE OFFICE  OF  VICTIM
SERVICES to be a human trafficking victim, that [agency or] LAW ENFORCE-
MENT  AGENCY  OR  DISTRICT  ATTORNEY'S office shall notify the office of
temporary and disability assistance and the division of criminal justice
services that such person may be eligible for services under this  arti-

S. 5879--B                         13

cle  OR,  IN  THE  CASE  OF  AN  ESTABLISHED PROVIDER OF SOCIAL OR LEGAL
SERVICES, SHALL NOTIFY THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE
AND THE DIVISION OF CRIMINAL JUSTICE SERVICES IF SUCH VICTIM CONSENTS TO
SEEKING SERVICES PURSUANT TO THIS ARTICLE.
  S 33. Section 14 of chapter 74 of the laws of 2007, amending the penal
law, the criminal procedure law, the correction law, the social services
law,  and the executive law relating to human trafficking, as amended by
chapter 24 of the laws of 2011, is amended to read as follows:
  S 14.   This act shall take effect  on  the  first  of  November  next
succeeding  the  date on which it shall have become a law; provided that
section 483-ee of the social services law, as added by section eleven of
this act, shall take effect immediately and shall remain in  full  force
and  effect  until  September  1,  [2013]  2018  when upon such date the
provisions  of  such  section  shall  expire  and  be  deemed  repealed.
Provided,  effective  immediately, the addition, amendment and/or repeal
of any rule or regulation necessary for the timely implementation of the
provisions of article 10-D of the  social  services  law,  as  added  by
section  eleven  of this act, on its effective date are authorized to be
made on or before such effective date.
  S 34. Subdivision (p) of section 10.03 of the mental hygiene  law,  as
added by chapter 7 of the laws of 2007, is amended to read as follows:
  (p)  "Sex  offense"  means an act or acts constituting: (1) any felony
defined in article one hundred thirty of  the  penal  law,  including  a
sexually  motivated  felony;  (2)  patronizing a [prostitute] PERSON FOR
PROSTITUTION in the first degree as defined in  section  230.06  of  the
penal  law, AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE FIRST
DEGREE AS DEFINED IN SECTION 230.13 OF THE PENAL LAW, AGGRAVATED PATRON-
IZING A MINOR FOR PROSTITUTION  IN  THE  SECOND  DEGREE  AS  DEFINED  IN
SECTION  230.12  OF  THE  PENAL  LAW, AGGRAVATED PATRONIZING A MINOR FOR
PROSTITUTION IN THE THIRD DEGREE AS DEFINED IN  SECTION  230.11  OF  THE
PENAL  LAW,  incest in the second degree as defined in section 255.26 of
the penal law, or incest in the  first  degree  as  defined  in  section
255.27  of  the  penal law; (3) a felony attempt or conspiracy to commit
any of the foregoing offenses set forth in this subdivision;  or  (4)  a
designated  felony,  as  defined  in subdivision (f) of this section, if
sexually motivated and committed prior to the  effective  date  of  this
article.
  S  35.  Subparagraph  (i) of paragraph (a) of subdivision 2 of section
168-a of the correction law, as amended by chapter 405 of  the  laws  of
2008, is amended to read as follows:
  (i)  a  conviction  of or a conviction for an attempt to commit any of
the provisions of  sections  120.70,  130.20,  130.25,  130.30,  130.40,
130.45, 130.60, 230.34, 250.50, 255.25, 255.26 and 255.27 or article two
hundred  sixty-three of the penal law, or section 135.05, 135.10, 135.20
or 135.25 of such law relating  to  kidnapping  offenses,  provided  the
victim  of  such  kidnapping  or  related offense is less than seventeen
years old and the offender is not the parent of the victim,  or  section
230.04, where the person patronized is in fact less than seventeen years
of  age,  230.05  [or], 230.06, [or] 230.11, 230.12, 230.13, subdivision
two of section 230.30, [or] section 230.32 [or], 230.33,  OR  230.34  of
the penal law, OR SECTION 230.25 OF THE PENAL LAW WHERE THE PERSON PROS-
TITUTED IS IN FACT LESS THAN SEVENTEEN YEARS OLD, or
  S  36.  Paragraph  (b)  of  subdivision  1  of  section  168-d  of the
correction law, as amended by chapter 74 of the laws of 2007, is amended
to read as follows:

S. 5879--B                         14

  (b) Where a defendant stands convicted of an offense defined in  para-
graph  (b)  of  subdivision  two of section one hundred sixty-eight-a of
this article or where the  defendant  was  convicted  of  patronizing  a
[prostitute]  PERSON  FOR PROSTITUTION in the third degree under section
230.04 of the penal law and the defendant controverts an allegation that
the  victim  of  such offense was less than eighteen years of age or, in
the case of a conviction under section 230.04 of  the  penal  law,  less
than  seventeen years of age, the court, without a jury, shall, prior to
sentencing, conduct a hearing, and the people may  prove  by  clear  and
convincing  evidence  that  the  victim was less than eighteen years [of
age] OLD or less than seventeen years [of age] OLD,  as  applicable,  by
any  evidence  admissible  under  the rules applicable to a trial of the
issue of guilt. The court in addition to such  admissible  evidence  may
also  consider  reliable  hearsay  evidence  submitted  by  either party
provided that it is relevant to the determination  of  the  age  of  the
victim. Facts concerning the age of the victim proven at trial or ascer-
tained  at  the time of entry of a plea of guilty shall be deemed estab-
lished by clear and convincing evidence and shall not be relitigated. At
the conclusion of the hearing, or if the defendant does  not  controvert
an  allegation  that  the  victim  of the offense was less than eighteen
years [of age] OLD or less than seventeen years [of age] OLD, as  appli-
cable,  the  court  must make a finding and enter an order setting forth
the age of the victim. If the  court  finds  that  the  victim  of  such
offense  was  under eighteen years [of age] OLD or under seventeen years
[of age] OLD, as applicable, the court shall certify the defendant as  a
sex  offender, the provisions of paragraph (a) of this subdivision shall
apply and the defendant shall register with the division  in  accordance
with the provisions of this article.
  S  37. Paragraph (c) of subdivision 4 of section 509-cc of the vehicle
and traffic law, as amended by chapter 400  of  the  laws  of  2011,  is
amended to read as follows:
  (c)  The  offenses referred to in subparagraph (i) of paragraph (b) of
subdivision one and subparagraph (i) of paragraph (c) of subdivision two
of this section that result in disqualification for  a  period  of  five
years  shall include a conviction under sections 100.10, 105.13, 115.05,
120.03,  120.04,  120.04-a,  120.05,  120.10,  120.25,  121.12,  121.13,
125.40,  125.45, 130.20, 130.25, 130.52, 130.55, 135.10, 135.55, 140.17,
140.25, 140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06,  220.09,
220.16,  220.31, 220.34, 220.60, 220.65, 221.30, 221.50, 221.55, 230.00,
230.05, 230.06, 230.11, 230.12, 230.13, 230.19, 230.20, 235.05,  235.06,
235.07,  235.21,  240.06,  245.00,  260.10,  subdivision  two of section
260.20 and sections 260.25,  265.02,  265.03,  265.08,  265.09,  265.10,
265.12, 265.35 of the penal law or an attempt to commit any of the afor-
esaid  offenses  under  section  110.00 of the penal law, or any similar
offenses committed under a former section  of  the  penal  law,  or  any
offenses  committed  under a former section of the penal law which would
constitute violations of the aforesaid sections of the penal law, or any
offenses committed outside this state which would constitute  violations
of the aforesaid sections of the penal law.
  S  38.  The vehicle and traffic law is amended by adding a new section
510-d to read as follows:
  S 510-D. SUSPENSION AND REVOCATION OF CLASS E DRIVER'S LICENSES. 1.  A
CLASS  E  DRIVER'S  LICENSE SHALL BE SUSPENDED BY THE COMMISSIONER FOR A
PERIOD OF ONE YEAR WHERE THE HOLDER  IS  CONVICTED  OF  A  VIOLATION  OF
SECTION  230.20,  230.25,  230.30, 230.32, 230.34 OR 230.40 OF THE PENAL
LAW AND THE HOLDER USED A FOR HIRE MOTOR VEHICLE TO COMMIT SUCH CRIME.

S. 5879--B                         15

  2. A CLASS E DRIVER'S LICENSE MAY BE REVOKED BY THE COMMISSIONER  WHEN
THE HOLDER, WHO HAD HIS OR HER DRIVER'S LICENSE SUSPENDED UNDER SUBDIVI-
SION  ONE  OF  THIS SECTION WITHIN THE LAST TEN YEARS, IS CONVICTED OF A
SECOND VIOLATION OF SECTION 230.20, 230.25, 230.30,  230.32,  230.34  OR
230.40  OF THE PENAL LAW AND THE HOLDER USED A FOR HIRE MOTOR VEHICLE TO
COMMIT SUCH CRIME.
  3. ANY REVOCATION OR SUSPENSION OF A CLASS E DRIVER'S  LICENSE  ISSUED
PURSUANT TO THIS ARTICLE SHALL BE APPLICABLE ONLY TO THAT PORTION OF THE
HOLDER'S  DRIVER'S LICENSE OR PRIVILEGE WHICH PERMITS THE OPERATION OF A
MOTOR VEHICLE TRANSPORTING PASSENGERS FOR  HIRE,  AND  THE  COMMISSIONER
SHALL  IMMEDIATELY  ISSUE  A  LICENSE,  OTHER  THAN  A  CLASS E DRIVER'S
LICENSE, TO SUCH PERSON, PROVIDED THAT SUCH PERSON IS OTHERWISE ELIGIBLE
TO RECEIVE SUCH LICENSE AND FURTHER PROVIDED THAT ISSUING A  LICENSE  TO
SUCH PERSON DOES NOT CREATE A SUBSTANTIAL TRAFFIC SAFETY HAZARD.
  4.  THE  PROVISIONS  OF THIS SECTION SHALL NOT BE CONSTRUED TO PREVENT
ANY PERSON WHO HAS THE AUTHORITY TO SUSPEND OR REVOKE A LICENSE TO DRIVE
OR PRIVILEGE OF OPERATING PURSUANT TO SECTION FIVE HUNDRED TEN  OF  THIS
ARTICLE FROM EXERCISING ANY SUCH AUTHORITY.
  S  39.  Section 2324-a of the public health law, as amended by chapter
260 of the laws of 1978, is amended to read as follows:
  S 2324-a. Presumptive evidence.  For the purposes of this  title,  two
or more convictions of any person or persons had, within a period of one
year,  for  any  of  the  offenses  described in section 230.00, 230.05,
230.06, 230.08, 230.11, 230.12, 230.13, 230.20, 230.25 [or],  230.30  OR
230.32  of  the  penal law arising out of conduct engaged in at the same
real property consisting of a dwelling as that term is defined in subdi-
vision four of section four  of  the  multiple  dwelling  law  shall  be
presumptive  evidence  of  conduct  constituting use of the premises for
purposes of prostitution.
  S 40. Subdivision 2 of section 715 of the real  property  actions  and
proceedings law, as added by chapter 494 of the laws of 1976, is amended
to read as follows:
  2. For purposes of this section, two or more convictions of any person
or  persons  had,  within  a period of one year, for any of the offenses
described in section 230.00, 230.05,  230.06,  230.11,  230.12,  230.13,
230.20, 230.25, 230.30, 230.32 or 230.40 of the penal law arising out of
conduct engaged in at the same real property consisting of a dwelling as
that term is defined in subdivision four of section four of the multiple
dwelling  law  shall be presumptive evidence of conduct constituting use
of the premises for purposes of prostitution.
  S 41. Subdivision 3 of section  231  of  the  real  property  law,  as
amended  by  chapter  203  of  the  laws  of 1980, is amended to read as
follows:
  3. For the purposes of this section, two or more  convictions  of  any
person  or  persons  had,  within  a  period of one year, for any of the
offenses described in section 230.00, 230.05,  230.06,  230.11,  230.12,
230.13,  230.20, 230.25, 230.30, 230.32 or 230.40 of the penal law aris-
ing out of conduct engaged in at  the  same  premises  consisting  of  a
dwelling  as that term is defined in subdivision four of section four of
the multiple dwelling law shall be presumptive evidence of unlawful  use
of such premises and of the owners knowledge of the same.
  S  42. Subdivision 3 of section 840 of the executive law is amended by
adding a new paragraph (f-1) to read as follows:
  (F-1) DEVELOP, MAINTAIN AND  DISSEMINATE,  IN  CONSULTATION  WITH  THE
OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE AND THE DIVISION OF CRIMI-
NAL  JUSTICE  SERVICES,  WRITTEN POLICIES AND PROCEDURES REGARDING HUMAN

S. 5879--B                         16

TRAFFICKING VICTIMS. SUCH POLICIES AND PROCEDURES SHALL INCLUDE, BUT NOT
BE LIMITED TO THE FOLLOWING: (1) THE IDENTIFICATION OF POTENTIAL VICTIMS
OF  HUMAN  TRAFFICKING,  AS   DEFINED   UNDER   SECTION   FOUR   HUNDRED
EIGHTY-THREE-AA  OF  THE SOCIAL SERVICES LAW; AND (2) INFORMATION AND/OR
REFERRAL TO APPROPRIATE SOCIAL AND LEGAL SERVICES FOR VICTIMS  OF  HUMAN
TRAFFICKING  IN  ACCORDANCE WITH SECTION FOUR HUNDRED EIGHTY-THREE-BB OF
THE SOCIAL SERVICES LAW;
  S 43. The executive law is amended by adding a new  section  214-d  to
read as follows:
  S 214-D. HUMAN TRAFFICKING AWARENESS. THE SUPERINTENDENT, IN CONSULTA-
TION  WITH  THE  OFFICE  OF  TEMPORARY AND DISABILITY ASSISTANCE AND THE
DIVISION OF CRIMINAL JUSTICE SERVICES, SHALL: (1) DEVELOP, MAINTAIN  AND
DISSEMINATE TO ALL MEMBERS OF THE STATE POLICE, INCLUDING NEW AND VETER-
AN  OFFICERS,  WRITTEN  POLICIES,  PROCEDURES  AND EDUCATIONAL MATERIALS
RELATING TO HUMAN TRAFFICKING VICTIMS, INCLUDING SERVICES AVAILABLE  FOR
VICTIMS  OF  HUMAN  TRAFFICKING,  AS  REFERENCED IN SECTION FOUR HUNDRED
EIGHTY-THREE-BB OF THE SOCIAL SERVICES LAW; AND (2) ESTABLISH AND IMPLE-
MENT WRITTEN PROCEDURES AND POLICIES IN THE EVENT A MEMBER OF THE  DIVI-
SION OF STATE POLICE ENCOUNTERS AN INDIVIDUAL BELIEVED TO BE A VICTIM OF
HUMAN  TRAFFICKING,  WHICH  SHALL  INCLUDE,  BUT  NOT BE LIMITED TO, THE
PROVISION OF INFORMATION AND/OR REFERRAL TO AN APPROPRIATE  PROVIDER  OF
SOCIAL  AND  LEGAL  SERVICES TO HUMAN TRAFFICKING VICTIMS, IN ACCORDANCE
WITH SUCH SECTION FOUR HUNDRED EIGHTY-THREE-BB.
  S 44. Severability clause. If any clause, sentence, paragraph,  subdi-
vision,  section  or  part  of  this act shall be adjudged by a court of
competent jurisdiction to be invalid, such judgment  shall  not  affect,
impair or invalidate the remainder thereof, but shall be confined in its
operation  to  the  clause, sentence, paragraph, subdivision, section or
part thereof directly involved in the controversy in which such judgment
shall have been rendered. It is hereby declared to be the intent of  the
legislature  that  this act would have been enacted even if such invalid
provisions had not been included herein.
  S 45.   Notwithstanding the provisions of article  5  of  the  general
construction  law,  the  provisions  of  section  483-ee  of  the social
services law, as added by chapter 74 of the laws  of  2007,  are  hereby
revived  and  shall continue in full force and effect as such provisions
existed on August 31, 2013.
  S 46.  This act shall take effect on the ninetieth day after it  shall
have  become  a  law;  provided  however  that sections thirty-three and
forty-five of this act shall take effect immediately.

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