Senate Bill S7540

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

                                  7540

                            I N  S E N A T E

                              May 15, 2014
                               ___________

Introduced  by  Sen.  STEWART-COUSINS -- read twice and ordered printed,
  and when printed to be committed to the Committee on Labor

AN ACT to amend the labor law, in relation to the prohibition of differ-
  ential pay because of sex (Part A); to amend  the  executive  law,  in
  relation  to  unlawful discriminatory practices (Part B); to amend the
  executive law, in relation to the  provision  of  attorney's  fees  in
  cases  of  housing,  employment or credit discrimination; to amend the
  executive law, in relation to the awarding  of  reasonable  attorney's
  fees  (Part C); to amend the executive law in relation to the unlawful
  discriminatory practice because of familial status (Part D); to  amend
  the  real  property  law and the real property actions and proceedings
  law, in relation to prohibiting discrimination in housing  based  upon
  domestic  violence  status  and establishing a task force to study the
  impact of source of income on access to housing (Part E); to amend the
  family court act and the judiciary law, in relation to establishing  a
  pilot  program  for  the  filing  of petitions for temporary orders of
  protection by electronic means and for  issuance  of  such  orders  ex
  parte  by  audio-visual  means  and  to  amend  the  executive law, in
  relation to review and reports  by  the  chief  administrator  of  the
  courts  (Part  F); 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 relat-
  ing to human trafficking, in relation  to  extending  the  interagency
  task force on human trafficking for four years; and to amend the exec-
  utive  law,  in  relation  to human trafficking awareness (Part G); to
  amend the executive law, in relation to reasonable accommodation (Part
  H); and to amend the public health  law,  in  relation  to  access  to
  reproductive services (Part I)


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12044-03-4
              

S. 7540                             2

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

  Section  1.  This  act shall be known and may be cited as the "Women's
Equality act".
  S 2. This act enacts into law major components  of  legislation  which
are  necessary  to implement the "Women's Equality act."  Each component
is wholly contained within a Part identified as Parts A through  I.  The
effective  date for each particular provision contained within such Part
is set forth in the last section of such  Part.  Any  provision  in  any
section  contained  within  a  Part, including the effective date of the
Part, which makes a reference to section "of this  act",  when  used  in
connection  with  that particular component, shall be deemed to mean and
refer to the corresponding section of the Part in  which  it  is  found.
Section  four  of this act sets forth the general effective date of this
act.

                                 PART A

  Section 1. Subdivision 1 of section 194 of the labor law, as added  by
chapter  548  of the laws of 1966, is amended and three new subdivisions
2, 3 and 4 are added to read as follows:
  1. No employee shall be paid a wage at a rate less than  the  rate  at
which  an employee of the opposite sex in the same establishment is paid
for equal work on a job the performance of which requires  equal  skill,
effort  and responsibility, and which is performed under similar working
conditions, except where payment is  made  pursuant  to  a  differential
based on:
  a. a seniority system;
  b. a merit system;
  c.  a  system  which  measures  earnings  by  quantity  or  quality of
production; or
  d. [any other factor other than sex] A BONA  FIDE  FACTOR  OTHER  THAN
SEX, SUCH AS EDUCATION, TRAINING, OR EXPERIENCE.  SUCH FACTOR: (I) SHALL
NOT  BE  BASED  UPON OR DERIVED FROM A SEX-BASED DIFFERENTIAL IN COMPEN-
SATION AND (II) SHALL BE JOB-RELATED WITH RESPECT  TO  THE  POSITION  IN
QUESTION AND SHALL BE CONSISTENT WITH BUSINESS NECESSITY. SUCH EXCEPTION
UNDER  THIS PARAGRAPH SHALL NOT APPLY WHEN THE EMPLOYEE DEMONSTRATES (A)
THAT AN EMPLOYER USES A PARTICULAR EMPLOYMENT  PRACTICE  THAT  CAUSES  A
DISPARATE IMPACT ON THE BASIS OF SEX, (B) THAT AN ALTERNATIVE EMPLOYMENT
PRACTICE  EXISTS  THAT  WOULD  SERVE  THE  SAME BUSINESS PURPOSE AND NOT
PRODUCE SUCH DIFFERENTIAL, AND (C) THAT  THE  EMPLOYER  HAS  REFUSED  TO
ADOPT SUCH ALTERNATIVE PRACTICE.
  2.  FOR  THE  PURPOSE  OF  SUBDIVISION  ONE OF THIS SECTION, "BUSINESS
NECESSITY" SHALL BE DEFINED AS A FACTOR THAT BEARS A MANIFEST  RELATION-
SHIP TO THE EMPLOYMENT IN QUESTION.
  3.  FOR  THE  PURPOSES  OF  SUBDIVISION ONE OF THIS SECTION, EMPLOYEES
SHALL BE DEEMED TO WORK IN THE SAME ESTABLISHMENT IF THE EMPLOYEES  WORK
FOR  THE  SAME  EMPLOYER  AT WORKPLACES LOCATED IN THE SAME GEOGRAPHICAL
REGION, NO LARGER THAN A COUNTY, TAKING INTO ACCOUNT POPULATION DISTRIB-
UTION, ECONOMIC ACTIVITY, AND/OR THE PRESENCE OF MUNICIPALITIES.
  4. (A) NO EMPLOYER SHALL PROHIBIT AN EMPLOYEE  FROM  INQUIRING  ABOUT,
DISCUSSING,  OR DISCLOSING THE WAGES OF SUCH EMPLOYEE OR ANOTHER EMPLOY-
EE.
  (B) AN EMPLOYER MAY, IN A WRITTEN POLICY PROVIDED  TO  ALL  EMPLOYEES,
ESTABLISH  REASONABLE  WORKPLACE  AND  WORKDAY  LIMITATIONS ON THE TIME,

S. 7540                             3

PLACE AND MANNER FOR INQUIRES ABOUT, DISCUSSION OF, OR THE DISCLOSURE OF
WAGES. SUCH LIMITATIONS SHALL BE CONSISTENT WITH  STANDARDS  PROMULGATED
BY  THE  COMMISSIONER  AND  SHALL BE CONSISTENT WITH ALL OTHER STATE AND
FEDERAL  LAWS. SUCH LIMITATIONS MAY INCLUDE PROHIBITING AN EMPLOYEE FROM
DISCUSSING OR DISCLOSING THE WAGES  OF  ANOTHER  EMPLOYEE  WITHOUT  SUCH
EMPLOYEE'S PRIOR PERMISSION.
  (C)  NOTHING IN THIS SUBDIVISION SHALL REQUIRE AN EMPLOYEE TO DISCLOSE
HIS OR HER WAGES.  THE FAILURE OF AN EMPLOYEE TO ADHERE TO SUCH  REASON-
ABLE  LIMITATIONS IN SUCH WRITTEN POLICY SHALL BE AN AFFIRMATIVE DEFENSE
TO ANY CLAIMS MADE AGAINST AN EMPLOYER UNDER THIS SUBDIVISION,  PROVIDED
THAT ANY ADVERSE EMPLOYMENT ACTION TAKEN BY THE EMPLOYER WAS FOR FAILURE
TO  ADHERE  TO  SUCH  REASONABLE  LIMITATIONS  AND NOT FOR MERE INQUIRY,
DISCUSSION OR DISCLOSURE OF WAGES IN  ACCORDANCE  WITH  SUCH  REASONABLE
LIMITATIONS IN SUCH WRITTEN POLICY.
  (D) THIS PROHIBITION SHALL NOT APPLY TO INSTANCES IN WHICH AN EMPLOYEE
WHO  HAS  ACCESS TO THE WAGE INFORMATION OF OTHER EMPLOYEES AS A PART OF
SUCH EMPLOYEE'S ESSENTIAL JOB FUNCTIONS  DISCLOSES  THE  WAGES  OF  SUCH
OTHER  EMPLOYEES TO INDIVIDUALS WHO DO NOT OTHERWISE HAVE ACCESS TO SUCH
INFORMATION, UNLESS SUCH DISCLOSURE IS IN RESPONSE  TO  A  COMPLAINT  OR
CHARGE,  OR  IN FURTHERANCE OF AN INVESTIGATION, PROCEEDING, HEARING, OR
ACTION UNDER THIS CHAPTER, INCLUDING AN INVESTIGATION CONDUCTED  BY  THE
EMPLOYER.
  (E)  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE RIGHTS OF
AN EMPLOYEE PROVIDED UNDER ANY OTHER  PROVISION  OF  LAW  OR  COLLECTIVE
BARGAINING AGREEMENT.
  S  2.  Subdivision  1-a of section 198 of the labor law, as amended by
chapter 564 of the laws of 2010, is amended to read as follows:
  1-a. On behalf of any employee paid less than the wage to which he  or
she  is  entitled under the provisions of this article, the commissioner
may bring any legal action necessary, including  administrative  action,
to  collect  such claim and as part of such legal action, in addition to
any other remedies and penalties otherwise available under this article,
the commissioner shall assess against the employer the  full  amount  of
any  such  underpayment, and an additional amount as liquidated damages,
unless the employer proves a good faith basis  for  believing  that  its
underpayment of wages was in compliance with the law. Liquidated damages
shall  be  calculated  by  the  commissioner as no more than one hundred
percent of the total amount of wages found to be due, EXCEPT SUCH LIQUI-
DATED DAMAGES MAY BE UP TO THREE HUNDRED PERCENT OF THE TOTAL AMOUNT  OF
THE WAGES FOUND TO BE DUE FOR A WILLFUL VIOLATION OF SECTION ONE HUNDRED
NINETY-FOUR OF THIS ARTICLE. In any action instituted in the courts upon
a  wage  claim  by an employee or the commissioner in which the employee
prevails, the court shall allow such employee to recover the full amount
of any underpayment, all reasonable attorney's fees, prejudgment  inter-
est  as required under the civil practice law and rules, and, unless the
employer proves a good faith basis to believe that its  underpayment  of
wages was in compliance with the law, an additional amount as liquidated
damages  equal  to  one hundred percent of the total amount of the wages
found to be due, EXCEPT SUCH LIQUIDATED  DAMAGES  MAY  BE  UP  TO  THREE
HUNDRED  PERCENT  OF THE TOTAL AMOUNT OF THE WAGES FOUND TO BE DUE FOR A
WILLFUL VIOLATION OF SECTION ONE HUNDRED NINETY-FOUR OF THIS ARTICLE.
  S 3. The department of labor and the division of  human  rights  shall
make  training  available  to  assist  employers in developing training,
policies and procedures to address discrimination and harassment in  the
workplace  including,  but  not limited to issues relating to pregnancy,
familial status, pay equity and sexual harassment.  Such training  shall

S. 7540                             4

take  into  account the needs of employers of various sizes. The depart-
ment and division shall make such training available through,  including
but  not  limited to, online means.  In developing such training materi-
als,  the department and division shall afford the public an opportunity
to submit comments on such training.
  S 4. This act shall take effect on the ninetieth day  after  it  shall
have  become  a  law;  provided, however, that the commissioner of labor
shall take actions necessary to provide for the promulgation  of  stand-
ards pursuant to subdivision 4 of section 194 of the labor law, as added
by  section  one  of  this  act,  prior  to  this act taking effect; and
provided further, however, that the department of labor and division  of
human rights shall take actions necessary to establish training pursuant
to section three of this act prior to this act taking effect.

                                 PART B

  Section  1.  Subdivision  5  of  section  292 of the executive law, as
amended by chapter 481 of the laws  of  2010,  is  amended  to  read  as
follows:
  5.  The  term "employer" does not include any employer with fewer than
four persons in his or her employ except as set  forth  in  section  two
hundred ninety-six-b of this [title] ARTICLE, PROVIDED, HOWEVER, THAT IN
THE CASE OF AN ACTION FOR DISCRIMINATION BASED ON SEX PURSUANT TO SUBDI-
VISION  ONE  OF  SECTION  TWO  HUNDRED  NINETY-SIX OF THIS ARTICLE, WITH
RESPECT TO SEXUAL HARASSMENT ONLY, THE TERM "EMPLOYER" SHALL INCLUDE ALL
EMPLOYERS WITHIN THE STATE.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

                                 PART C

  Section  1.  Subdivision  10  of  section 297 of the executive law, as
added by section 17 of part D of chapter 405 of the  laws  of  1999,  is
amended to read as follows:
  10.  With  respect  to ALL cases of HOUSING DISCRIMINATION AND housing
RELATED CREDIT discrimination [only] in an action or proceeding  at  law
under  this section or section two hundred ninety-eight of this article,
the commissioner or the court may in  its  discretion  award  reasonable
attorney's fees to any prevailing or substantially prevailing party; AND
WITH RESPECT TO A CLAIM OF EMPLOYMENT OR CREDIT DISCRIMINATION WHERE SEX
IS  A  BASIS  OF  SUCH DISCRIMINATION, IN AN ACTION OR PROCEEDING AT LAW
UNDER THIS SECTION OR SECTION TWO HUNDRED NINETY-EIGHT OF THIS  ARTICLE,
THE  COMMISSIONER  OR  THE  COURT MAY IN ITS DISCRETION AWARD REASONABLE
ATTORNEY'S FEES ATTRIBUTABLE TO SUCH  CLAIM  TO  ANY  PREVAILING  PARTY;
provided, however, that a prevailing respondent or defendant in order to
recover  such  reasonable  attorney's fees must make a motion requesting
such fees and show that the action or proceeding brought was  frivolous;
and  further  provided  that  in a proceeding brought in the division of
human rights, the commissioner may only award attorney's fees as part of
a final order after a public hearing held pursuant to  subdivision  four
of  this  section.  In  no  case shall attorney's fees be awarded to the
division, nor shall the division be liable to a prevailing  or  substan-
tially  prevailing  party for attorney's fees, except in a case in which
the division is a party to the action or the  proceeding  in  the  divi-
sion's  capacity as an employer.  IN CASES OF EMPLOYMENT DISCRIMINATION,
A RESPONDENT SHALL ONLY BE LIABLE FOR ATTORNEY'S FEES UNDER THIS  SUBDI-

S. 7540                             5

VISION  IF  THE RESPONDENT HAS BEEN FOUND LIABLE FOR HAVING COMMITTED AN
UNLAWFUL DISCRIMINATORY  PRACTICE.  In  order  to  find  the  action  or
proceeding  to  be frivolous, the court or the commissioner must find in
writing one or more of the following:
  (a)  the  action or proceeding was commenced, used or continued in bad
faith, solely to delay or prolong the resolution of the litigation or to
harass or maliciously injure another; or
  (b) the action or proceeding was commenced or continued in  bad  faith
without  any reasonable basis and could not be supported by a good faith
argument for an extension, modification or reversal of existing law.  If
the  action  or  proceeding  was promptly discontinued when the party or
attorney learned or should have learned that the  action  or  proceeding
lacked such a reasonable basis, the court may find that the party or the
attorney did not act in bad faith.
  S  2.  Paragraph  c of subdivision 7 of section 296-a of the executive
law, as amended by chapter 632 of the laws of 1976, is amended  to  read
as follows:
  c.  If  the  superintendent finds that a violation of this section has
occurred, the superintendent shall issue an order which shall do one  or
more of the following:
  (1)  impose a fine in an amount not to exceed ten thousand dollars for
each violation, to be paid to the people of the state of New York;
  (2) award  compensatory  damages  to  the  person  aggrieved  by  such
violation;
  (3)  FOR  A  CLAIM OF SEX DISCRIMINATION ONLY, AWARD REASONABLE ATTOR-
NEY'S FEES ATTRIBUTABLE TO SUCH CLAIM TO ANY PREVAILING PARTY; PROVIDED,
HOWEVER, THAT A PREVAILING RESPONDENT OR DEFENDANT IN ORDER  TO  RECOVER
SUCH  REASONABLE ATTORNEY'S FEES MUST MAKE A MOTION REQUESTING SUCH FEES
AND SHOW THAT THE ACTION OR PROCEEDING BROUGHT WAS FRIVOLOUS. IN NO CASE
SHALL ATTORNEY'S FEES BE  AWARDED  TO  THE  DEPARTMENT,  NOR  SHALL  THE
DEPARTMENT BE LIABLE TO A PREVAILING PARTY FOR ATTORNEY'S FEES. IN ORDER
TO  FIND  THE  ACTION  OR PROCEEDING TO BE FRIVOLOUS, THE SUPERINTENDENT
MUST FIND IN WRITING ONE OR MORE OF THE FOLLOWING:
  (A) THE ACTION OR PROCEEDING WAS COMMENCED, USED OR CONTINUED  IN  BAD
FAITH, SOLELY TO DELAY OR PROLONG THE RESOLUTION OF THE LITIGATION OR TO
HARASS OR MALICIOUSLY INJURE ANOTHER; OR
  (B)  THE  ACTION OR PROCEEDING WAS COMMENCED OR CONTINUED IN BAD FAITH
WITHOUT ANY REASONABLE BASIS AND COULD NOT BE SUPPORTED BY A GOOD  FAITH
ARGUMENT  FOR AN EXTENSION, MODIFICATION OR REVERSAL OF EXISTING LAW. IF
THE ACTION OR PROCEEDING WAS PROMPTLY DISCONTINUED  WHEN  THE  PARTY  OR
ATTORNEY  LEARNED  OR  SHOULD HAVE LEARNED THAT THE ACTION OR PROCEEDING
LACKED SUCH A REASONABLE BASIS, THE COURT MAY FIND THAT THE PARTY OR THE
ATTORNEY DID NOT ACT IN BAD FAITH.
  (4) require the regulated creditor  to  cease  and  desist  from  such
unlawful discriminatory practices;
  [(4)] (5) require the regulated creditor to take such further affirma-
tive  action as will effectuate the purposes of this section, including,
but not limited to, granting the credit which was  the  subject  of  the
complaint.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law, and shall apply to actions commenced on or after such
date.

                                 PART D

S. 7540                             6

  Section 1. Subdivisions 1 and 1-a of section 296 of the executive law,
as amended by chapter 803 of the laws of 1975, paragraph (a) of subdivi-
sion 1 as amended by chapter 80 of the laws of 2009, paragraphs (b), (c)
and (d) of subdivision 1 as amended by chapter 75 of the laws  of  2005,
paragraph  (e) of subdivision 1 as amended by chapter 166 of the laws of
2000, paragraph (g) of subdivision 1 as added by chapter 98 of the  laws
of 1984 and paragraphs (b), (c) and (d) of subdivision 1-a as amended by
chapter 106 of the laws of 2003, are amended to read as follows:
  1. It shall be an unlawful discriminatory practice:
  (a)  For  an  employer or licensing agency, because of an individual's
age, race, creed, color, national origin, sexual  orientation,  military
status,  sex, disability, predisposing genetic characteristics, FAMILIAL
STATUS, marital status, or domestic violence victim status, to refuse to
hire or employ or to bar or to discharge from employment such individual
or to discriminate against such individual in compensation or in  terms,
conditions or privileges of employment.
  (b)  For  an  employment agency to discriminate against any individual
because of age, race, creed, color, national origin, sexual orientation,
military status, sex, disability, predisposing genetic  characteristics,
FAMILIAL STATUS, or marital status, in receiving, classifying, disposing
or  otherwise  acting upon applications for its services or in referring
an applicant or applicants to an employer or employers.
  (c) For a labor organization, because of the age, race, creed,  color,
national  origin,  sexual orientation, military status, sex, disability,
predisposing genetic characteristics, FAMILIAL STATUS, or marital status
of any individual, to exclude or to expel from its membership such indi-
vidual or to discriminate in any way  against  any  of  its  members  or
against any employer or any individual employed by an employer.
  (d)  For  any  employer  or employment agency to print or circulate or
cause to be printed or circulated any statement, advertisement or publi-
cation, or to use any form of application for employment or to make  any
inquiry  in  connection  with  prospective  employment,  which expresses
directly or indirectly, any limitation, specification or  discrimination
as  to  age,  race,  creed,  color, national origin, sexual orientation,
military status, sex, disability, predisposing genetic  characteristics,
FAMILIAL STATUS, or marital status, or any intent to make any such limi-
tation,  specification  or discrimination, unless based upon a bona fide
occupational qualification; provided, however, that neither  this  para-
graph  nor any provision of this chapter or other law shall be construed
to prohibit the department of civil service or the department of person-
nel of any city containing more than one county from requesting informa-
tion from applicants for civil service examinations  concerning  any  of
the  aforementioned  characteristics, other than sexual orientation, for
the purpose of conducting studies to identify and resolve possible prob-
lems in recruitment and testing of members of minority groups to  insure
the fairest possible and equal opportunities for employment in the civil
service for all persons, regardless of age, race, creed, color, national
origin, sexual orientation, military status, sex, disability, predispos-
ing genetic characteristics, FAMILIAL STATUS, or marital status.
  (e)  For  any  employer,  labor  organization  or employment agency to
discharge, expel or otherwise discriminate against any person because he
or she has opposed any practices forbidden under this article or because
he or she has filed a complaint, testified or assisted in any proceeding
under this article.

S. 7540                             7

  (f) Nothing in this subdivision shall affect any restrictions upon the
activities of persons  licensed  by  the  state  liquor  authority  with
respect to persons under twenty-one years of age.
  (g)  For  an  employer to compel an employee who is pregnant to take a
leave of absence, unless the employee is  prevented  by  such  pregnancy
from  performing  the  activities involved in the job or occupation in a
reasonable manner.
  1-a. It shall be an unlawful discriminatory practice for an  employer,
labor  organization,  employment  agency  or  any joint labor-management
committee controlling apprentice training programs:
  (a) To select persons for an apprentice  training  program  registered
with the state of New York on any basis other than their qualifications,
as determined by objective criteria which permit review;
  (b)  To  deny  to  or withhold from any person because of race, creed,
color, national origin, sexual orientation, military status,  sex,  age,
disability, FAMILIAL STATUS, or marital status, the right to be admitted
to  or  participate  in  a  guidance program, an apprenticeship training
program, on-the-job training program,  executive  training  program,  or
other occupational training or retraining program;
  (c)  To  discriminate against any person in his or her pursuit of such
programs or to discriminate against such a person in the  terms,  condi-
tions  or  privileges  of  such  programs because of race, creed, color,
national origin, sexual orientation, military status, sex, age, disabil-
ity, FAMILIAL STATUS or marital status;
  (d) To print or circulate or cause to be  printed  or  circulated  any
statement,  advertisement or publication, or to use any form of applica-
tion for such programs or to make any inquiry in  connection  with  such
program  which  expresses, directly or indirectly, any limitation, spec-
ification or discrimination as to race, creed, color,  national  origin,
sexual  orientation,  military  status,  sex,  age, disability, FAMILIAL
STATUS or marital status, or any intention to make any such  limitation,
specification  or  discrimination,  unless  based on a bona fide occupa-
tional qualification.
  S 2. Paragraph (a) of subdivision 9 of section 296  of  the  executive
law,  as  amended by chapter 106 of the laws of 2003, is amended to read
as follows:
  (a) It shall be an  unlawful  discriminatory  practice  for  any  fire
department or fire company therein, through any member or members there-
of, officers, board of fire commissioners or other body or office having
power  of appointment of volunteer firefighters, directly or indirectly,
by ritualistic practice, constitutional or by-law prescription, by tacit
agreement among its members, or otherwise, to  deny  to  any  individual
membership  in any volunteer fire department or fire company therein, or
to expel or discriminate against any volunteer member of a fire  depart-
ment  or  fire  company  therein,  because  of  the  race, creed, color,
national origin, sexual orientation, military status, sex [or],  marital
status, OR FAMILIAL STATUS, of such individual.
  S 3. Subdivision 13 of section 296 of the executive law, as amended by
chapter 196 of the laws of 2010, is amended to read as follows:
  13. It shall be an unlawful discriminatory practice (i) for any person
to  boycott  or  blacklist,  or  to refuse to buy from, sell to or trade
with, or otherwise discriminate against any person, because of the race,
creed, color, national origin, sexual orientation, military status, sex,
[or] disability, OR FAMILIAL STATUS, of such person, or of such person's
partners, members, stockholders, directors, officers,  managers,  super-
intendents, agents, employees, business associates, suppliers or custom-

S. 7540                             8

ers, or (ii) for any person wilfully to do any act or refrain from doing
any act which enables any such person to take such action. This subdivi-
sion shall not apply to:
  (a) Boycotts connected with labor disputes; or
  (b) Boycotts to protest unlawful discriminatory practices.
  S  4.  This  act shall take effect on the ninetieth day after it shall
have become a law.

                                 PART E

  Section 1. The real property law is amended by adding  a  new  section
227-d to read as follows:
  S 227-D. DISCRIMINATION BASED ON DOMESTIC VIOLENCE STATUS; PROHIBITED.
1.  DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, A PERSON IS A "DOMES-
TIC VIOLENCE VICTIM" AND POSSESSES "DOMESTIC VIOLENCE VICTIM STATUS"  IF
SUCH  PERSON IS OR HAS BEEN, OR IS A PARENT ACCOMPANIED BY A MINOR CHILD
OR CHILDREN WHO IS OR HAS BEEN, IN A SITUATION IN WHICH SUCH  PERSON  OR
CHILD  IS  A  VICTIM  OF  AN  ACT THAT WOULD CONSTITUTE A VIOLENT FELONY
OFFENSE AS ENUMERATED IN SECTION 70.02 OF THE PENAL  LAW,  OR  A  FAMILY
OFFENSE AS ENUMERATED IN SUBDIVISION ONE OF SECTION EIGHT HUNDRED TWELVE
OF  THE FAMILY COURT ACT, AND SUCH ACT IS ALLEGED TO HAVE BEEN COMMITTED
BY A MEMBER OF THE SAME FAMILY OR HOUSEHOLD, AS DEFINED  IN  SUBDIVISION
ONE OF SECTION EIGHT HUNDRED TWELVE OF THE FAMILY COURT ACT.
  2. DISCRIMINATION BASED ON DOMESTIC VIOLENCE VICTIM STATUS PROHIBITED.
(A)  NO PERSON, FIRM OR CORPORATION OWNING OR MANAGING ANY BUILDING USED
FOR DWELLING PURPOSES, OR THE AGENT OF SUCH PERSON, FIRM OR CORPORATION,
SHALL, BECAUSE OF SUCH PERSON'S OR  FAMILY  MEMBER'S  DOMESTIC  VIOLENCE
VICTIM  STATUS,  (1)  REFUSE TO RENT A RESIDENTIAL UNIT TO ANY PERSON OR
FAMILY, WHEN, BUT FOR SUCH STATUS, RENTAL WOULD NOT HAVE  BEEN  REFUSED,
(2)  DISCRIMINATE  IN  THE  TERMS, CONDITIONS, OR PRIVILEGES OF ANY SUCH
RENTAL, WHEN, BUT FOR SUCH STATUS, SUCH DISCRIMINATION  WOULD  NOT  HAVE
OCCURRED,  OR  (3)  PRINT OR CIRCULATE, OR CAUSE TO BE PRINTED OR CIRCU-
LATED, ANY STATEMENT,  ADVERTISEMENT  OR  PUBLICATION  WHICH  EXPRESSES,
DIRECTLY  OR  INDIRECTLY,  ANY  LIMITATION,  SPECIFICATION, OR DISCRIMI-
NATION. A VIOLATION OF THIS SUBDIVISION SHALL BE A MISDEMEANOR  AND,  ON
CONVICTION  THEREOF,  SHALL  BE  PUNISHED BY A FINE OF NOT LESS THAN ONE
THOUSAND DOLLARS AND  NOT  MORE  THAN  TWO  THOUSAND  DOLLARS  FOR  EACH
OFFENSE; PROVIDED, HOWEVER, THAT IT SHALL BE A DEFENSE THAT SUCH PERSON,
FIRM,  CORPORATION  OR  AGENT  REFUSED TO RENT A RESIDENTIAL UNIT ON ANY
OTHER LAWFUL GROUND.
  (B) CIVIL LIABILITY: (1) WHERE DISCRIMINATORY  CONDUCT  PROHIBITED  BY
THIS  SUBDIVISION HAS OCCURRED, SUCH PERSON OR FAMILY SHALL HAVE A CAUSE
OF ACTION IN ANY COURT OF APPROPRIATE JURISDICTION FOR COMPENSATORY  AND
PUNITIVE  DAMAGES, WITH SUCH PUNITIVE DAMAGES NOT EXCEEDING TWO THOUSAND
DOLLARS FOR EACH OFFENSE, AND DECLARATORY AND INJUNCTIVE RELIEF; AND (2)
IN ALL ACTIONS BROUGHT UNDER THIS SECTION, REASONABLE ATTORNEYS' FEES AS
DETERMINED BY THE COURT MAY BE AWARDED TO A PREVAILING PARTY,  PROVIDED,
HOWEVER, THAT A PREVAILING DEFENDANT IN ORDER TO RECOVER SUCH REASONABLE
ATTORNEYS'  FEES  MUST  MAKE A MOTION REQUESTING SUCH FEES AND SHOW THAT
THE ACTION OR PROCEEDING BROUGHT WAS FRIVOLOUS. IN  ORDER  TO  FIND  THE
ACTION OR PROCEEDING TO BE FRIVOLOUS, THE COURT MUST FIND ONE OR MORE OF
THE  FOLLOWING:  (I)  THE ACTION WAS COMMENCED, USED OR CONTINUED IN BAD
FAITH, SOLELY TO DELAY OR PROLONG THE RESOLUTION OF THE LITIGATION OR TO
HARASS OR MALICIOUSLY INJURE ANOTHER; OR (II) THE ACTION  WAS  COMMENCED
OR  CONTINUED IN BAD FAITH WITHOUT ANY REASONABLE BASIS AND COULD NOT BE
SUPPORTED BY A GOOD FAITH ARGUMENT FOR  AN  EXTENSION,  MODIFICATION  OR

S. 7540                             9

REVERSAL  OF  EXISTING  LAW.  IF  THE  ACTION OR PROCEEDING WAS PROMPTLY
DISCONTINUED WHEN THE PARTY OR ATTORNEY LEARNED OR SHOULD  HAVE  LEARNED
THAT  THE ACTION OR PROCEEDING LACKED SUCH A REASONABLE BASIS, THE COURT
MAY FIND THAT THE PARTY OR THE ATTORNEY DID NOT ACT IN BAD FAITH.
  (C) NOTHING IN THIS SECTION SHALL BE CONSTRUED AS LIMITING THE ABILITY
OF  A PERSON, FIRM OR CORPORATION OWNING OR MANAGING A BUILDING USED FOR
DWELLING PURPOSES, OR THE AGENT OF SUCH  PERSON,  FIRM  OR  CORPORATION,
FROM APPLYING REASONABLE STANDARDS NOT BASED ON OR DERIVED FROM DOMESTIC
VIOLENCE  VICTIM  STATUS  IN  DETERMINING THE ELIGIBILITY OF A PERSON OR
FAMILY SEEKING TO RENT A RESIDENTIAL UNIT.
  (D) THIS SECTION SHALL  NOT  APPLY  TO  BUILDINGS  USED  FOR  DWELLING
PURPOSES  THAT  ARE  OWNER  OCCUPIED  AND  HAVE TWO OR FEWER RESIDENTIAL
UNITS.
  3. A PERSON, FIRM, OR CORPORATION OWNING OR MANAGING A  BUILDING  USED
FOR DWELLING PURPOSES OR AGENT OF SUCH PERSON, FIRM OR CORPORATION SHALL
NOT  BE  CIVILLY LIABLE TO OTHER TENANTS, GUESTS, INVITEES, OR LICENSEES
ARISING FROM REASONABLE AND GOOD  FAITH  EFFORTS  TO  COMPLY  WITH  THIS
SECTION.
  4. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS PROHIBITING A PERSON,
FIRM  OR  CORPORATION  OWNING  OR  MANAGING A BUILDING USED FOR DWELLING
PURPOSES, OR THE AGENT OF SUCH PERSON, FIRM OR CORPORATION, FROM:
  (A) PROVIDING OR PRESERVING A  RENTAL  PREFERENCE  IN  ANY  PUBLIC  OR
PRIVATE HOUSING FOR VICTIMS OF DOMESTIC VIOLENCE;
  (B)  PROVIDING ANY OTHER ASSISTANCE TO VICTIMS OF DOMESTIC VIOLENCE IN
OBTAINING OR RETAINING ANY PUBLIC OR PRIVATE HOUSING; OR
  (C) RESPONDING TO AN INQUIRY OR REQUEST BY AN  APPLICANT,  TENANT,  OR
LEASEHOLDER WHO IS A VICTIM OF DOMESTIC VIOLENCE.
  5. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS PROHIBITING A MUNICI-
PALITY  FROM RETAINING OR PROMULGATING LOCAL LAWS OR ORDINANCES IMPOSING
ADDITIONAL OR ENHANCED PROTECTIONS  PROHIBITING  DISCRIMINATION  AGAINST
VICTIMS OF DOMESTIC VIOLENCE.
  6.  NOTHING  IN THIS SECTION SHALL BE CONSTRUED AS LIMITING, DIMINISH-
ING, OR OTHERWISE AFFECTING ANY RIGHTS UNDER EXISTING LAW.
  S 2. The real property actions  and  proceedings  law  is  amended  by
adding a new section 744 to read as follows:
  S  744.  EVICTION BASED ON DOMESTIC VIOLENCE VICTIM STATUS PROHIBITED.
1. A TENANT SHALL NOT BE REMOVED FROM POSSESSION OF A  RESIDENTIAL  UNIT
PURSUANT  TO  THIS  ARTICLE  BECAUSE  OF SUCH PERSON'S DOMESTIC VIOLENCE
VICTIM STATUS, AS DEFINED IN SECTION TWO HUNDRED TWENTY-SEVEN-D  OF  THE
REAL  PROPERTY  LAW.  IT  SHALL  BE A DEFENSE TO A PROCEEDING TO RECOVER
POSSESSION OF A RESIDENTIAL UNIT THAT A  LANDLORD  SEEKS  SUCH  RECOVERY
BECAUSE OF A PERSON'S DOMESTIC VIOLENCE VICTIM STATUS, AND THAT, BUT FOR
SUCH  STATUS, THE LANDLORD WOULD NOT SEEK TO RECOVER POSSESSION. A LAND-
LORD MAY REBUT SUCH DEFENSE BY SHOWING THAT HE OR SHE SEEKS  TO  RECOVER
POSSESSION OF A RESIDENTIAL UNIT BECAUSE OF ANY OTHER LAWFUL GROUND.
  2. NOTHING IN THIS SECTION SHALL RESTRICT A LANDLORD'S LEGAL RIGHTS TO
RECOVER  POSSESSION  OF  A  RESIDENTIAL  UNIT ON GROUNDS NOT BASED ON OR
DERIVED FROM DOMESTIC VIOLENCE VICTIM STATUS.
  3. A LANDLORD SHALL NOT BE CIVILLY LIABLE TO  OTHER  TENANTS,  GUESTS,
INVITEES, OR LICENSEES ARISING FROM REASONABLE AND GOOD FAITH EFFORTS TO
COMPLY WITH THIS SECTION.
  4.  THIS  SECTION  SHALL  NOT  APPLY  TO  BUILDINGS  USED FOR DWELLING
PURPOSES THAT ARE OWNER OCCUPIED  AND  HAVE  TWO  OR  FEWER  RESIDENTIAL
UNITS.
  S  3.  There is hereby established a task force to study the impact of
source of income on access to housing including, but not limited to, any

S. 7540                            10

sex-based impact.  The task force shall consist of the following members
as appointed by the governor: (1) two members of the governor's cabinet;
(2) two experts on housing policy representing the needs of  both  land-
lords  and  tenants; (3) two members who are local government officials,
who shall each  represent  different  geographical  regions  within  the
state;  (4) two members on the recommendation of the temporary president
of the senate; and (5) two members on the recommendation of the  speaker
of  the assembly. The governor shall designate a chair of the task force
from amongst such appointees.  The task force shall meet as often as  is
appropriate  under  circumstances  necessary to fulfill its duties under
this section. The task force shall (a)  review  the  Section  8  Housing
Choice  Voucher Administrative Plan and, if necessary, recommend modifi-
cations to increase the participation of landlords and property  owners,
which  may include, but shall not be limited to: expanding the portabil-
ity of Section 8 vouchers, including as may be appropriate for  domestic
violence  victims;  creating  a state-sponsored special-purpose mobility
counseling program; enhancing means of  connecting  voucher  holders  to
approved  landlords;  and eliminating delays in housing quality standard
inspections; and (b) review other current  policies  and  laws  and,  if
necessary,  recommend  modifications  to  improve  access to quality and
affordable housing. The task force shall submit its report and recommen-
dations to the governor, the temporary president of the senate, and  the
speaker of the assembly on January 15, 2015.
  S  4.  This  act shall take effect on the ninetieth day after it shall
have become a law.

                                 PART F

  Section 1. Section 153-c of the family court act, as added by  chapter
416 of the laws of 1981, is amended to read as follows:
  S  153-c.  Temporary  order of protection. (A) Any person appearing at
family court when the court is open  requesting  a  temporary  order  of
protection  under  any  article  of this act shall be entitled to file a
petition without delay on the same day such person first appears at  the
family  court,  and  a hearing on that request shall be held on the same
day or the next day that the family court is open following  the  filing
of such petition.
  (B)  AS  PROVIDED  IN  THIS  SECTION,  THE  CHIEF ADMINISTRATOR OF THE
COURTS, WITH THE APPROVAL OF THE ADMINISTRATIVE BOARD OF THE COURTS, MAY
PROMULGATE RULES TO ESTABLISH AND IMPLEMENT  A  PILOT  PROGRAM  FOR  THE
FILING  OF  PETITIONS  FOR  TEMPORARY ORDERS OF PROTECTION BY ELECTRONIC
MEANS AND FOR THE ISSUANCE OF SUCH ORDERS EX PARTE BY AUDIO-VISUAL MEANS
IN ORDER TO ACCOMMODATE LITIGANTS FOR WHOM ATTENDANCE AT COURT  TO  FILE
FOR,  AND OBTAIN, EMERGENCY RELIEF WOULD CONSTITUTE AN UNDUE HARDSHIP OR
TO ACCOMMODATE LITIGANTS, FOR WHOM TRAVELING TO  AND  APPEARING  IN  THE
COURTHOUSE  TO  OBTAIN  EMERGENCY RELIEF, CREATES A RISK OF HARM TO SUCH
LITIGANT.
  (1) DEFINITIONS. AS USED IN THIS SECTION:
  (I) "ELECTRONIC MEANS" MEANS ANY METHOD OF TRANSMISSION OF INFORMATION
BETWEEN COMPUTERS OR OTHER MACHINES DESIGNED FOR THE PURPOSE OF  SENDING
AND  RECEIVING  SUCH  TRANSMISSIONS,  AND  WHICH ALLOWS THE RECIPIENT TO
REPRODUCE  THE  INFORMATION  TRANSMITTED  IN  A   TANGIBLE   MEDIUM   OF
EXPRESSION.
  (II)  "INDEPENDENT AUDIO-VISUAL SYSTEM" MEANS AN ELECTRONIC SYSTEM FOR
THE TRANSMISSION AND RECEIVING OF AUDIO AND VISUAL SIGNALS, ENCOMPASSING
ENCODED SIGNALS, FREQUENCY DOMAIN MULTIPLEXING OR OTHER  SUITABLE  MEANS

S. 7540                            11

TO  PRECLUDE  THE  UNAUTHORIZED RECEPTION AND DECODING OF THE SIGNALS BY
COMMERCIALLY AVAILABLE  TELEVISION  RECEIVERS,  CHANNEL  CONVERTERS,  OR
OTHER AVAILABLE RECEIVING DEVICES.
  (III) "ELECTRONIC APPEARANCE" MEANS AN APPEARANCE IN WHICH ONE OR MORE
OF  THE  PARTIES ARE NOT PRESENT IN THE COURT, BUT IN WHICH, BY MEANS OF
AN INDEPENDENT AUDIO-VISUAL SYSTEM, ALL OF THE PARTICIPANTS  ARE  SIMUL-
TANEOUSLY ABLE TO SEE AND HEAR REPRODUCTIONS OF THE VOICES AND IMAGES OF
THE JUDGE, COUNSEL, PARTIES, WITNESSES, IF ANY AND OTHER PARTICIPANTS.
  (2)  DEVELOPMENT OF A PILOT PROGRAM. A PLAN FOR A PILOT PROGRAM PURSU-
ANT TO THIS SECTION SHALL BE DEVELOPED BY THE CHIEF ADMINISTRATOR OF THE
COURTS OR HIS OR HER DELEGATE IN CONSULTATION WITH  ONE  OR  MORE  LOCAL
PROGRAMS  PROVIDING  ASSISTANCE  TO  VICTIMS  OF  DOMESTIC VIOLENCE, THE
OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE, AND ATTORNEYS WHO REPRE-
SENT FAMILY OFFENSE PETITIONS.   THE PLAN  SHALL  INCLUDE,  BUT  IS  NOT
LIMITED TO:
  (I)  IDENTIFICATION OF ONE OR MORE FAMILY JUSTICE CENTERS OR ORGANIZA-
TIONS OR AGENCIES OR OTHER SITES OUTSIDE OF THE LOCAL FAMILY COURT  THAT
ARE EQUIPPED WITH, OR HAVE ACCESS TO, AN INDEPENDENT AUDIO-VISUAL SYSTEM
AND  ELECTRONIC  MEANS FOR FILING DOCUMENTS THAT ARE COMPATIBLE WITH THE
EQUIPMENT IN THE LOCAL FAMILY COURT, WITH  CONSIDERATION  GIVEN  TO  THE
LOCATION OF SUCH SITE OR SITES AND AVAILABLE RESOURCES; AND
  (II)  IDENTIFICATION  OF  ONE OR MORE LICENSED AND CERTIFIED ORGANIZA-
TIONS, AGENCIES OR ENTITIES  WITH  ADVOCATES  FOR  VICTIMS  OF  DOMESTIC
VIOLENCE WHO ARE TRAINED, AND AVAILABLE TO ASSIST PETITIONERS IN PREPAR-
ING AND FILING PETITIONS FOR TEMPORARY ORDERS OF PROTECTION AND IN THEIR
ELECTRONIC  APPEARANCES  BEFORE  THE FAMILY COURT TO OBTAIN SUCH ORDERS;
AND
  (III) IDENTIFICATION OF THE  EXISTING  RESOURCES  AVAILABLE  IN  LOCAL
FAMILY COURTS FOR THE IMPLEMENTATION AND OVERSIGHT OF THE PILOT PROGRAM;
AND
  (IV)  DELINEATION  OF PROCEDURES FOR FILING OF THE PETITIONS AND DOCU-
MENTS, IF ANY, BY ELECTRONIC MEANS, SWEARING IN THE PETITIONERS AND  ANY
WITNESSES,   PREPARATION   OF  A  VERBATIM  TRANSCRIPTION  OF  TESTIMONY
PRESENTED AND A RECORD OF EVIDENCE ADDUCED AND  PROMPT  TRANSMISSION  OF
ANY ORDERS ISSUED TO THE PETITIONERS; AND
  (V)  A  TIMETABLE FOR IMPLEMENTATION OF THE PILOT PROGRAM AND PLAN FOR
INFORMING THE PUBLIC OF ITS AVAILABILITY; AND
  (VI) A DESCRIPTION OF DATA TO BE COLLECTED IN ORDER TO  EVALUATE  AND,
IF  NECESSARY,  MAKE  RECOMMENDATIONS  FOR  IMPROVEMENTS  TO  THE  PILOT
PROGRAM.
  (3) FILING BY ELECTRONIC MEANS.  IN  CONJUNCTION  WITH  AN  ELECTRONIC
APPEARANCE UNDER THIS SECTION, PETITIONERS FOR EX PARTE TEMPORARY ORDERS
OF  PROTECTION  MAY,  WITH THE ASSISTANCE OF TRAINED ADVOCATES, COMMENCE
THE PROCEEDINGS BY FILING PETITIONS BY ELECTRONIC MEANS.
  (I) A PETITIONER WHO SEEKS A TEMPORARY ORDER OF PROTECTION EX PARTE BY
USE OF AN ELECTRONIC APPEARANCE MUST FILE A PETITION IN ADVANCE OF  SUCH
APPEARANCE  AND MAY DO SO BY ELECTRONIC MEANS.  THE PETITIONER SHALL SET
FORTH THE CIRCUMSTANCES IN WHICH TRAVELING TO OR APPEARING IN THE COURT-
HOUSE WOULD CONSTITUTE AN UNDUE HARDSHIP, OR CREATE A RISK  OF  HARM  TO
THE  PETITIONER.  IN  GRANTING OR DENYING THE RELIEF SOUGHT BY THE PETI-
TIONER, THE COURT SHALL STATE THE NAMES OF ALL PARTICIPANTS, AND WHETHER
IT IS GRANTING OR DENYING AN APPEARANCE  BY  ELECTRONIC  MEANS  AND  THE
BASIS  FOR  SUCH  DETERMINATION; PROVIDED, HOWEVER, THAT NOTHING IN THIS
SECTION SHALL BE CONSTRUED TO COMPEL A PARTY TO FILE A PETITION OR OTHER
DOCUMENT BY ELECTRONIC MEANS OR TO TESTIFY BY  MEANS  OF  AN  ELECTRONIC
APPEARANCE.

S. 7540                            12

  (II)  NOTHING IN THIS SECTION SHALL AFFECT OR CHANGE ANY EXISTING LAWS
GOVERNING THE SERVICE OF PROCESS, INCLUDING  REQUIREMENTS  FOR  PERSONAL
SERVICE,  OR  THE SEALING AND CONFIDENTIALITY OF COURT RECORDS IN FAMILY
COURT PROCEEDINGS, OR ACCESS TO COURT RECORDS BY  THE  PARTIES  TO  SUCH
PROCEEDINGS.
  (4)  (I)  ALL  ELECTRONIC APPEARANCES BY PETITIONERS SEEKING TEMPORARY
ORDERS OF PROTECTION EX PARTE  UNDER  THIS  SECTION  SHALL  BE  STRICTLY
VOLUNTARY  AND  THE  CONSENT  OF  SUCH PETITIONERS SHALL BE GIVEN ON THE
RECORD AT THE COMMENCEMENT OF EACH APPEARANCE.
  (II) APPEARANCES TAKEN THROUGH THE USE  OF  AN  ELECTRONIC  APPEARANCE
UNDER  THIS  SECTION  SHALL BE RECORDED AND PRESERVED FOR TRANSCRIPTION.
DOCUMENTARY EVIDENCE, IF ANY, REFERRED TO BY A PARTY OR WITNESS  OR  THE
COURT  MAY  BE  TRANSMITTED  AND  SUBMITTED AND INTRODUCED BY ELECTRONIC
MEANS.
  S 2. Subdivision 2 of section 212 of the judiciary law is  amended  by
adding a new paragraph (t) to read as follows:
  (T)  HAVE  THE  POWER  TO  ESTABLISH  PILOT PROGRAMS FOR THE FILING OF
PETITIONS FOR TEMPORARY ORDERS OF PROTECTION BY ELECTRONIC MEANS AND FOR
THE ISSUANCE OF SUCH ORDERS BY AUDIO-VISUAL MEANS PURSUANT  TO  SUBDIVI-
SION  (B)  OF SECTION ONE HUNDRED FIFTY-THREE-C OF THE FAMILY COURT ACT.
THE CHIEF ADMINISTRATOR SHALL MAINTAIN AN UP-TO-DATE AND PUBLICLY-AVAIL-
ABLE LISTING OF THE SITES, IF ANY, AT WHICH  SUCH  APPLICATIONS  FOR  EX
PARTE  TEMPORARY  ORDERS  OF PROTECTION MAY BE FILED, AND AT WHICH ELEC-
TRONIC APPEARANCES IN SUPPORT OF SUCH APPLICATIONS  MAY  BE  SOUGHT,  IN
ACCORDANCE  WITH  SUCH  SECTION  ONE HUNDRED FIFTY-THREE-C OF THE FAMILY
COURT ACT.  IN DEVELOPING SUCH PILOT PROGRAM,  THE  CHIEF  ADMINISTRATOR
SHALL  STRIVE  FOR  A PROGRAM THAT IS REGIONALLY DIVERSE, AND TAKES INTO
CONSIDERATION, AMONG OTHER THINGS, THE AVAILABILITY OF PUBLIC  TRANSPOR-
TATION,  POPULATION  DENSITY  AND  THE  AVAILABILITY  OF  FACILITIES FOR
CONDUCTING SUCH PROGRAM.
  S 3. Section 648 of the executive law, as added by chapter 893 of  the
laws of 1986, is amended to read as follows:
  S 648. Review;  report  and implementation. 1. The chief administrator
of the unified court system shall review  court  practices,  procedures,
services,  regulations  and laws to determine the adequacy and appropri-
ateness of its services with respect to crime victims, including victims
with special needs, particularly the elderly,  disabled  or  victims  of
child abuse, domestic violence, SEX TRAFFICKING or sex-related offenses.
Such  review shall include reasonable opportunity for public comment and
consultation with  crime  victims  or  their  representatives,  and  may
include public hearings.
  2. After the review, and not later than two hundred seventy days after
the effective date of this section, AND NO LATER THAN TWO HUNDRED SEVEN-
TY DAYS AFTER THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOU-
SAND THIRTEEN WHICH AMENDED THIS SECTION, AND EVERY FIVE YEARS THEREAFT-
ER,  the  chief administrator of the unified court system shall submit a
report to the governor and the legislature, setting forth  the  findings
of  the  review, including a description of the services provided by the
components of the unified court system and recommendations  for  changes
in  its  procedures,  services,  regulations  and  laws  to  improve its
services to crime victims and to establish and implement fair  treatment
standards for crime victims.
  3. Subject to the direction of the chief administrator, the components
of  the unified court system shall expeditiously implement the recommen-
dations of its report.
  S 4. This act shall take effect April 1, 2014.

S. 7540                            13

                                 PART G

  Section  1.  Short  title. This act shall be known and may be cited as
the "trafficking victims protection and justice act".
  S 2. Section 60.13 of the penal law, as added by chapter 7 of the laws
of 2007, is amended to read as follows:
S 60.13 Authorized dispositions; felony sex offenses.
  When a person is to be sentenced upon  a  conviction  for  any  felony
defined in article one hundred thirty of this chapter, including a sexu-
ally  motivated felony, or patronizing a [prostitute] PERSON FOR PROSTI-
TUTION in the first degree as defined in section 230.06 of this chapter,
AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE THIRD  DEGREE  AS
DEFINED  IN  SECTION  230.11  OF  THIS CHAPTER, AGGRAVATED PATRONIZING A
MINOR FOR PROSTITUTION IN THE SECOND DEGREE AS DEFINED IN SECTION 230.12
OF THIS CHAPTER, AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN  THE
FIRST DEGREE AS DEFINED IN SECTION 230.13 OF THIS CHAPTER, incest in the
second degree as defined in section 255.26 of this chapter, or incest in
the  first  degree  as  defined  in section 255.27 of this chapter, or a
felony attempt or conspiracy to commit any of these  crimes,  the  court
must sentence the defendant in accordance with the provisions of section
70.80 of this title.
  S  3.  Paragraphs (a) and (c) of subdivision 1 of section 70.02 of the
penal law, paragraph (a) as amended by chapter 320 of the laws  of  2006
and  paragraph  (c)  as  amended  by  chapter 1 of the laws of 2013, are
amended to read as follows:
  (a) Class B violent felony offenses: an attempt to  commit  the  class
A-I  felonies  of  murder  in  the  second  degree as defined in section
125.25, kidnapping in the first degree as defined in section 135.25, and
arson in the first degree as defined in section 150.20; manslaughter  in
the  first  degree as defined in section 125.20, aggravated manslaughter
in the first degree as defined in section  125.22,  rape  in  the  first
degree  as  defined  in section 130.35, criminal sexual act in the first
degree as defined in section 130.50,  aggravated  sexual  abuse  in  the
first  degree  as  defined  in  section 130.70, course of sexual conduct
against a child in the  first  degree  as  defined  in  section  130.75;
assault  in the first degree as defined in section 120.10, kidnapping in
the second degree as defined in section 135.20, burglary  in  the  first
degree  as  defined  in  section  140.30,  arson in the second degree as
defined in section 150.15, robbery in the first  degree  as  defined  in
section  160.15, SEX TRAFFICKING AS DEFINED IN PARAGRAPHS (A) AND (B) OF
SUBDIVISION FIVE OF SECTION  230.34,  incest  in  the  first  degree  as
defined  in section 255.27, criminal possession of a weapon in the first
degree as defined in section 265.04, criminal use of a  firearm  in  the
first degree as defined in section 265.09, criminal sale of a firearm in
the first degree as defined in section 265.13, aggravated assault upon a
police  officer  or  a  peace officer as defined in section 120.11, gang
assault in the first degree as defined in section 120.07, intimidating a
victim or witness in the first degree  as  defined  in  section  215.17,
hindering  prosecution  of  terrorism  in the first degree as defined in
section 490.35, criminal possession of a chemical weapon  or  biological
weapon  in  the second degree as defined in section 490.40, and criminal
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

S. 7540                            14

section 120.05, menacing a police officer or peace officer as defined in
section 120.18, stalking in the first degree, as defined in  subdivision
one  of section 120.60, strangulation in the second degree as defined in
section  121.12, rape in the second degree as defined in section 130.30,
criminal sexual act in the second degree as defined in  section  130.45,
sexual abuse in the first degree as defined in section 130.65, course of
sexual  conduct  against  a  child  in  the  second degree as defined in
section 130.80, aggravated sexual abuse in the third degree  as  defined
in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
substance as defined in section 130.90, LABOR TRAFFICKING AS DEFINED  IN
PARAGRAPHS  (A) AND (B) OF SUBDIVISION THREE OF SECTION 135.35, criminal
possession of a weapon in the third degree  as  defined  in  subdivision
five, six, seven, eight, nine or ten of section 265.02, criminal sale of
a firearm in the third degree as defined in section 265.11, intimidating
a  victim  or witness in the second degree as defined in section 215.16,
soliciting or providing support for an act of terrorism  in  the  second
degree  as defined in section 490.10, and making a terroristic threat as
defined in section 490.20, falsely reporting an incident  in  the  first
degree  as  defined in section 240.60, placing a false bomb or hazardous
substance in the first degree as defined in section  240.62,  placing  a
false  bomb  or  hazardous  substance in a sports stadium or arena, mass
transportation facility or enclosed shopping mall as defined in  section
240.63,  and  aggravated  unpermitted  use of indoor pyrotechnics in the
first degree as defined in section 405.18.
  S 4. Paragraph (a) of subdivision 1 of section 70.80 of the penal law,
as added by chapter 7 of the  laws  of  2007,  is  amended  to  read  as
follows:
  (a)  For  the purposes of this section, a "felony sex offense" means a
conviction of any felony defined in article one hundred thirty  of  this
chapter,  including a sexually motivated felony, or patronizing a [pros-
titute] PERSON FOR PROSTITUTION  in  the  first  degree  as  defined  in
section 230.06 of this chapter, PATRONIZING A PERSON FOR PROSTITUTION IN
THE  SECOND  DEGREE AS DEFINED IN SECTION 230.05 OF THIS CHAPTER, AGGRA-
VATED PATRONIZING A MINOR  FOR  PROSTITUTION  IN  THE  THIRD  DEGREE  AS
DEFINED  IN  SECTION  230.11  OF  THIS CHAPTER, AGGRAVATED PATRONIZING A
MINOR FOR PROSTITUTION IN THE SECOND DEGREE AS DEFINED IN SECTION 230.12
OF THIS CHAPTER, AGGRAVATED PATRONIZING  A  MINOR  FOR  PROSTITUTION  IN
FIRST DEGREE AS DEFINED IN SECTION 230.13 OF THIS CHAPTER, incest in the
second degree as defined in section 255.26 of this chapter, or incest in
the  first  degree  as  defined  in section 255.27 of this chapter, or a
felony attempt or conspiracy to commit any of the above.
  S 5. Section 135.35 of the penal law, as added by chapter  74  of  the
laws of 2007, is amended to read as follows:
S 135.35 Labor trafficking.
  A  person  is  guilty  of  labor  trafficking  if he or she compels or
induces another to engage in labor or  recruits,  entices,  harbors,  or
transports such other person by means of intentionally:
  1.  [unlawfully  providing  a controlled substance to such person with
intent to impair said person's judgment;
  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,

S. 7540                            15

that this subdivision shall not apply to an attempt to correct a  social
security  administration  record or immigration agency record in accord-
ance with any local, state, or federal agency  requirement,  where  such
attempt is not made for the purpose of any express or implied threat;
  [4.]  3.  using  force  or  engaging in any scheme, plan or pattern to
compel or induce such person to engage in or continue to engage in labor
activity by means of instilling a fear  in  such  person  that,  if  the
demand is not complied with, the actor or another will do one or more of
the following:
  (a)  cause  physical  injury,  serious  physical injury, or death to a
person; or
  (b) cause damage to property, other than the property of the actor; or
  (c) engage in other conduct constituting a felony or  unlawful  impri-
sonment  in  the  second  degree  in violation of section 135.05 of this
[chapter] ARTICLE; or
  (d) accuse some person of a crime or cause criminal charges or  depor-
tation  proceedings  to  be  instituted  against  such person; provided,
however, that it shall be an affirmative  defense  to  this  subdivision
that  the defendant reasonably believed the threatened charge to be true
and that his or her sole purpose was to compel or induce the  victim  to
take  reasonable  action to make good the wrong which was the subject of
such threatened charge; or
  (e) expose a secret or publicize an asserted  fact,  whether  true  or
false,  tending  to subject some person to hatred, contempt or ridicule;
or
  (f) testify or provide information or withhold testimony  or  informa-
tion with respect to another's legal claim or defense; or
  (g) use or abuse his or her position as a public servant by performing
some  act within or related to his or her official duties, or by failing
or refusing to perform an official duty, in such  manner  as  to  affect
some person adversely.
  Labor trafficking is a class D felony.
  S 5-a. The penal law is amended by adding a new section 135.37 to read
as follows:
S 135.37 AGGRAVATED LABOR TRAFFICKING.
  A  PERSON  IS  GUILTY  OF  AGGRAVATED  LABOR  TRAFFICKING IF HE OR SHE
COMPELS OR INDUCES ANOTHER TO ENGAGE  IN  LABOR  OR  RECRUITS,  ENTICES,
HARBORS,  OR TRANSPORTS SUCH OTHER PERSON TO ENGAGE IN LABOR BY MEANS OF
INTENTIONALLY UNLAWFULLY PROVIDING A CONTROLLED SUBSTANCE TO SUCH PERSON
WITH INTENT TO IMPAIR SAID PERSON'S JUDGMENT.
  AGGRAVATED LABOR TRAFFICKING IS A CLASS C FELONY.
  S 5-b. Paragraph (a) of subdivision 1 of section 460.10 of  the  penal
law,  as  amended  by section 16 of subpart A of part H of chapter 55 of
the laws of 2014, 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-

S. 7540                            16

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,  200.56,  215.00,  215.05  and 215.19; 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;  any  felony  defined  in  article  four
hundred  ninety-six;  sections  205.60  and 205.65 relating to hindering
prosecution; sections 210.10, 210.15, and 215.51 relating to perjury and
contempt; section 215.40 relating to tampering with  physical  evidence;
sections 220.06, 220.09, 220.16, 220.18, 220.21, 220.31, 220.34, 220.39,
220.41, 220.43, 220.46, 220.55, 220.60 and 220.77 relating to controlled
substances;  sections  225.10  and 225.20 relating to gambling; sections
230.25, 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 weap-
ons;  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 unau-
thorized 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

S. 7540                            17

of the penal law, kidnapping in the second degree as defined in  section
135.20  of  the  penal law, kidnapping in the first degree as defined in
section 135.25 of the penal law, labor trafficking as defined in section
135.35  of  the  penal  law,  AGGRAVATED LABOR TRAFFICKING AS DEFINED IN
SECTION 135.37 OF THE PENAL LAW, custodial  interference  in  the  first
degree  as  defined  in section 135.50 of the penal law, coercion in the
first degree as defined in section 135.65 of  the  penal  law,  criminal
trespass  in  the first degree as defined in section 140.17 of the penal
law, burglary in the third degree as defined in section  140.20  of  the
penal law, burglary in the second degree as defined in section 140.25 of
the penal law, burglary in the first degree as defined in section 140.30
of  the  penal  law, criminal mischief in the third degree as defined in
section 145.05 of the penal law, criminal mischief in the second  degree
as  defined in section 145.10 of the penal law, criminal mischief in the
first degree as defined in section 145.12 of  the  penal  law,  criminal
tampering  in the first degree as defined in section 145.20 of the penal
law, arson in the fourth degree as defined  in  section  150.05  of  the
penal law, arson in the third degree as defined in section 150.10 of the
penal  law,  arson  in the second degree as defined in section 150.15 of
the penal law, arson in the first degree as defined in section 150.20 of
the penal law, grand larceny in the fourth degree as defined in  section
155.30 of the penal law, grand larceny in the third degree as defined in
section  155.35  of the penal law, grand larceny in the second degree as
defined in section 155.40 of the penal law, grand larceny in  the  first
degree  as defined in section 155.42 of the penal law, health care fraud
in the fourth degree as defined in section  177.10  of  the  penal  law,
health  care  fraud  in the third degree as defined in section 177.15 of
the penal law, health care fraud in the  second  degree  as  defined  in
section  177.20  of the penal law, health care fraud in the first degree
as defined in section 177.25 of the penal  law,  robbery  in  the  third
degree  as  defined  in  section 160.05 of the penal law, robbery in the
second degree as defined in section 160.10 of the penal law, robbery  in
the first degree as defined in section 160.15 of the penal law, unlawful
use  of  secret  scientific material as defined in section 165.07 of the
penal law, criminal possession of stolen property in the  fourth  degree
as  defined  in  section 165.45 of the penal law, criminal possession of
stolen property in the third degree as defined in section 165.50 of  the
penal  law,  criminal possession of stolen property in the second degree
as defined by section 165.52 of the penal law,  criminal  possession  of
stolen  property in the first degree as defined by section 165.54 of the
penal law, trademark counterfeiting in the second degree as  defined  in
section  165.72  of the penal law, trademark counterfeiting in the first
degree as defined in section 165.73 of the penal  law,  forgery  in  the
second  degree as defined in section 170.10 of the penal law, forgery in
the first degree as defined in section 170.15 of the penal law, criminal
possession of a forged instrument in the second  degree  as  defined  in
section 170.25 of the penal law, criminal possession of a forged instru-
ment  in the first degree as defined in section 170.30 of the penal law,
criminal possession of forgery devices as defined in section  170.40  of
the  penal  law,  falsifying  business  records  in  the first degree as
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

S. 7540                            18

defined in section 178.20  of  the  penal  law,  criminal  diversion  of
prescription  medications  and  prescriptions  in  the  first  degree as
defined in section 178.25 of the penal law, residential  mortgage  fraud
in  the  fourth  degree  as  defined in section 187.10 of the penal law,
residential mortgage fraud in the third degree  as  defined  in  section
187.15 of the penal law, residential mortgage fraud in the second degree
as  defined  in  section  187.20  of the penal law, residential mortgage
fraud in the first degree as defined in section 187.25 of the penal law,
escape in the second degree as defined in section 205.10  of  the  penal
law,  escape  in  the  first  degree as defined in section 205.15 of the
penal law, absconding from temporary release  in  the  first  degree  as
defined  in section 205.17 of the penal law, promoting prison contraband
in the first degree as defined in  section  205.25  of  the  penal  law,
hindering  prosecution in the second degree as defined in section 205.60
of the penal law, hindering prosecution in the first degree  as  defined
in  section  205.65  of  the  penal  law,  sex trafficking as defined in
section 230.34 of the penal law, criminal possession of a weapon in  the
third  degree  as defined in subdivisions two, three and five of section
265.02 of the penal law, criminal possession of a weapon in  the  second
degree  as  defined  in  section  265.03  of  the  penal  law,  criminal
possession of a weapon in the first degree as defined in section  265.04
of  the penal law, manufacture, transport, disposition and defacement of
weapons and dangerous instruments and appliances defined as felonies  in
subdivisions  one,  two,  and  three of section 265.10 of the penal law,
sections 265.11, 265.12 and 265.13 of the penal law, or  prohibited  use
of  weapons as defined in subdivision two of section 265.35 of the penal
law, relating to firearms and other dangerous  weapons,  or  failure  to
disclose  the  origin  of  a recording in the first degree as defined in
section 275.40 of the penal law;
  (h) Promoting prostitution in the first degree, as defined in  section
230.32 of the penal law, promoting prostitution in the second degree, as
defined by subdivision one of section 230.30 of the penal law, PROMOTING
PROSTITUTION  IN  THE  THIRD DEGREE, AS DEFINED IN SECTION 230.25 OF THE
PENAL LAW;
  S 6. The penal law is amended by adding a new section 230.01  to  read
as follows:
S 230.01 PROSTITUTION; AFFIRMATIVE DEFENSE.
  IN ANY PROSECUTION UNDER SECTION 230.00, SECTION 230.03 OR SUBDIVISION
TWO  OF  SECTION  240.37 OF THIS PART, IT IS AN AFFIRMATIVE DEFENSE THAT
THE DEFENDANT'S PARTICIPATION IN THE OFFENSE WAS A RESULT OF HAVING BEEN
A VICTIM OF COMPELLING PROSTITUTION UNDER SECTION 230.33,  A  VICTIM  OF
SEX  TRAFFICKING  UNDER  SECTION  230.34  OF THIS ARTICLE OR A VICTIM OF
TRAFFICKING IN PERSONS UNDER  THE  TRAFFICKING  VICTIMS  PROTECTION  ACT
(UNITED STATES CODE, TITLE 22, CHAPTER 78).
  S  7.  The  section heading and subdivision 1 of section 230.02 of the
penal law, as amended by chapter 627 of the laws of 1978, are amended to
read as follows:
  Patronizing a [prostitute] PERSON FOR PROSTITUTION; definitions.
  1. A person patronizes a [prostitute] PERSON FOR PROSTITUTION when:
  (a) 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

S. 7540                            19

  (c)  He OR SHE solicits or requests another person to engage in sexual
conduct with him OR HER in return for a fee.
  S  8.  Subdivision  2  of section 230.03 of the penal law, as added by
chapter 191 of the laws of 2011, is amended to read as follows:
  2. For the purposes of this section, SECTION 230.08 and section 230.19
of this article, "school zone" means (a) in or on or within  any  build-
ing,  structure,  athletic  playing  field, playground or land contained
within the real property boundary line of a public or private  elementa-
ry, parochial, intermediate, junior high, vocational, or high school, or
(b)  any  public  sidewalk,  street,  parking  lot,  park, playground or
private land, located immediately adjacent to the boundary line of  such
school.
  S  9. Section 230.04 of the penal law, as amended by chapter 74 of the
laws of 2007, is amended to read as follows:
S 230.04 Patronizing a [prostitute] PERSON FOR PROSTITUTION in the third
           degree.
  A person is guilty of patronizing a [prostitute] PERSON FOR  PROSTITU-
TION in the third degree when he or she patronizes a [prostitute] PERSON
FOR PROSTITUTION.
  Patronizing a [prostitute] PERSON FOR PROSTITUTION in the third degree
is a class A misdemeanor.
  S  10. Section 230.05 of the penal law, as added by chapter 627 of the
laws of 1978, is amended to read as follows:
S 230.05 Patronizing a  [prostitute]  PERSON  FOR  PROSTITUTION  in  the
           second degree.
  A  person is guilty of patronizing a [prostitute] PERSON FOR PROSTITU-
TION in the second degree when, being [over] eighteen years [of age] OLD
OR MORE, he OR SHE patronizes a [prostitute] PERSON FOR PROSTITUTION and
the person patronized is less than [fourteen]  FIFTEEN  years  [of  age]
OLD.
  Patronizing  a  [prostitute]  PERSON  FOR  PROSTITUTION  in the second
degree is a class E felony.
  S 11. Section 230.06 of the penal law, as added by chapter 627 of  the
laws of 1978, is amended to read as follows:
S 230.06 Patronizing a [prostitute] PERSON FOR PROSTITUTION in the first
           degree.
  A  person is guilty of patronizing a [prostitute] PERSON FOR PROSTITU-
TION in the first degree when [he]:
  1. HE OR SHE patronizes a [prostitute] PERSON FOR PROSTITUTION and the
person patronized is less than eleven years [of age] OLD; OR
  2. BEING EIGHTEEN YEARS OLD OR MORE, HE OR SHE PATRONIZES A PERSON FOR
PROSTITUTION AND THE PERSON PATRONIZED IS LESS THAN THIRTEEN YEARS OLD.
  Patronizing a [prostitute] PERSON FOR PROSTITUTION in the first degree
is a class D felony.
  S 11-a. Section 230.07 of the penal law, as amended by chapter  74  of
the laws of 2007, is amended to read as follows:
S 230.07 Patronizing a [prostitute] PERSON FOR PROSTITUTION; defense.
  In any prosecution for patronizing a [prostitute] PERSON FOR PROSTITU-
TION  in the first or second degrees OR PATRONIZING A PERSON FOR PROSTI-
TUTION IN A SCHOOL ZONE, it is a defense that the defendant did not have
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.

S. 7540                            20

  1. A PERSON IS GUILTY OF PATRONIZING A PERSON FOR  PROSTITUTION  IN  A
SCHOOL  ZONE  WHEN,  BEING  TWENTY-ONE  YEARS OF AGE OR OLDER, HE OR SHE
PATRONIZES A PERSON FOR PROSTITUTION AND THE PERSON PATRONIZED  IS  LESS
THAN  EIGHTEEN  YEARS OF AGE AT A PLACE THAT HE OR SHE KNOWS, OR REASON-
ABLY SHOULD KNOW, IS IN A SCHOOL ZONE.
  2.  FOR  PURPOSES  OF  THIS  SECTION, "SCHOOL ZONE" SHALL MEAN "SCHOOL
ZONE" AS DEFINED IN SUBDIVISION TWO OF SECTION 230.03 OF THIS ARTICLE.
  PATRONIZING A PERSON FOR PROSTITUTION IN A SCHOOL ZONE IS  A  CLASS  E
FELONY.
  S  13. The section heading and the opening paragraph of section 230.10
of the penal law are amended to read as follows:
  Prostitution and patronizing a [prostitute] PERSON  FOR  PROSTITUTION;
no defense.
  In  any  prosecution  for  prostitution  or patronizing a [prostitute]
PERSON FOR PROSTITUTION, the sex  of  the  two  parties  or  prospective
parties  to  the sexual conduct engaged in, contemplated or solicited is
immaterial, and it is no defense that:
  S 14. The penal law is amended by adding three  new  sections  230.11,
230.12 and 230.13 to read as follows:
S 230.11 AGGRAVATED  PATRONIZING  A  MINOR FOR PROSTITUTION IN THE THIRD
           DEGREE.
  A PERSON IS GUILTY OF AGGRAVATED PATRONIZING A MINOR FOR  PROSTITUTION
IN  THE THIRD DEGREE WHEN, BEING TWENTY-ONE YEARS OLD OR MORE, HE OR SHE
PATRONIZES A PERSON FOR PROSTITUTION AND THE PERSON PATRONIZED  IS  LESS
THAN SEVENTEEN YEARS OLD AND THE PERSON GUILTY OF PATRONIZING ENGAGES IN
SEXUAL  INTERCOURSE, ORAL SEXUAL CONDUCT, ANAL SEXUAL CONDUCT, OR AGGRA-
VATED SEXUAL CONDUCT AS THOSE TERMS ARE DEFINED  IN  SECTION  130.00  OF
THIS PART.
  AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE THIRD DEGREE IS
A CLASS E FELONY.
S 230.12 AGGRAVATED  PATRONIZING  A MINOR FOR PROSTITUTION IN THE SECOND
           DEGREE.
  A PERSON IS GUILTY OF AGGRAVATED PATRONIZING A MINOR FOR  PROSTITUTION
IN  THE  SECOND DEGREE WHEN, BEING EIGHTEEN YEARS OLD OR MORE, HE OR SHE
PATRONIZES A PERSON FOR PROSTITUTION AND THE PERSON PATRONIZED  IS  LESS
THAN  FIFTEEN  YEARS OLD AND THE PERSON GUILTY OF PATRONIZING ENGAGES IN
SEXUAL INTERCOURSE, ORAL SEXUAL CONDUCT, ANAL SEXUAL CONDUCT, OR  AGGRA-
VATED  SEXUAL  CONDUCT  AS  THOSE TERMS ARE DEFINED IN SECTION 130.00 OF
THIS PART.
  AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE  SECOND  DEGREE
IS A CLASS D FELONY.
S 230.13 AGGRAVATED  PATRONIZING  A  MINOR FOR PROSTITUTION IN THE FIRST
           DEGREE.
  A PERSON IS GUILTY OF AGGRAVATED PATRONIZING A MINOR FOR  PROSTITUTION
IN  THE FIRST DEGREE WHEN HE OR SHE PATRONIZES A PERSON FOR PROSTITUTION
AND THE PERSON PATRONIZED IS LESS THAN ELEVEN YEARS OLD, OR BEING  EIGH-
TEEN  YEARS  OLD OR MORE, HE OR SHE PATRONIZES A PERSON FOR PROSTITUTION
AND THE PERSON PATRONIZED IS LESS  THAN  THIRTEEN  YEARS  OLD,  AND  THE
PERSON  GUILTY OF PATRONIZING ENGAGES IN SEXUAL INTERCOURSE, ORAL SEXUAL
CONDUCT, ANAL SEXUAL CONDUCT, OR  AGGRAVATED  SEXUAL  CONDUCT  AS  THOSE
TERMS ARE DEFINED IN SECTION 130.00 OF THIS PART.
  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:

S. 7540                            21

  1. "Advance prostitution."  A  person  "advances  prostitution"  when,
acting  other  than  as  a  [prostitute]  PERSON IN PROSTITUTION or as a
patron thereof, he OR SHE knowingly causes or aids a person to commit or
engage in prostitution, procures or solicits patrons  for  prostitution,
provides  persons  or  premises  for  prostitution purposes, operates or
assists in the operation of a house of prostitution  or  a  prostitution
enterprise,  or  engages in any other conduct designed to institute, aid
or facilitate an act or enterprise of prostitution.
  2. "Profit from prostitution." A person  "profits  from  prostitution"
when, acting other than as a [prostitute] PERSON IN PROSTITUTION receiv-
ing  compensation  for  personally rendered prostitution services, he OR
SHE accepts or receives money or other property pursuant to an agreement
or understanding with any person whereby he OR SHE participates or is to
participate in the proceeds of prostitution activity.
  S 16. Subdivision 1 of section 230.19 of the penal law,  as  added  by
chapter 191 of the laws of 2011, is amended to read as follows:
  1. A person is guilty of promoting prostitution in a school zone when,
being  nineteen  years [of age] OLD or [older] MORE, he or she knowingly
advances or profits from prostitution that he or she knows or reasonably
should know is or will be committed in violation of  section  230.03  of
this  article  in  a  school  zone  during  the  hours that school is in
session.
  S 17. The opening paragraph and subdivision 1 of section 230.25 of the
penal law, the opening paragraph as amended by chapter 627 of  the  laws
of  1978 and subdivision 1 as amended by chapter 74 of the laws of 2007,
are amended to read as follows:
  A person is guilty of promoting prostitution in the third degree  when
he OR SHE knowingly:
  1.  Advances  or  profits  from prostitution by managing, supervising,
controlling or owning, either alone or in  association  with  others,  a
house of prostitution or a prostitution business or enterprise involving
prostitution  activity by two or more [prostitutes] PERSONS IN PROSTITU-
TION, or a business that sells travel-related services knowing that such
services include or are intended to facilitate travel for the purpose of
patronizing a [prostitute]  PERSON  FOR  PROSTITUTION,  including  to  a
foreign  jurisdiction  and regardless of the legality of prostitution in
said foreign jurisdiction; or
  S 18. Section 230.30 of the penal law, as amended by  chapter  627  of
the laws of 1978, is amended to read as follows:
S 230.30 Promoting prostitution in the second degree.
  A person is guilty of promoting prostitution in the second degree when
he OR SHE knowingly:
  1.  Advances  prostitution  by  compelling a person by force or intim-
idation to engage in prostitution, or profits from such coercive conduct
by another; or
  2. Advances or  profits  from  prostitution  of  a  person  less  than
[sixteen] EIGHTEEN years old.
  Promoting prostitution in the second degree is a class C felony.
  S  19. The first undesignated paragraph of section 230.32 of the penal
law, as added by chapter 627 of the laws of 1978, is amended to read  as
follows:
  A  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

S. 7540                            22

  2. BEING TWENTY-ONE YEARS OLD OR MORE, HE OR SHE KNOWINGLY ADVANCES OR
PROFITS FROM PROSTITUTION OF A PERSON LESS THAN FIFTEEN YEARS OF AGE.
  S  20. Section 230.33 of the penal law, as added by chapter 450 of the
laws of 2005, is amended to read as follows:
S 230.33 Compelling prostitution.
  A person is guilty of compelling prostitution when, being [twenty-one]
EIGHTEEN years [of age or older]  OLD  OR  MORE,  he  or  she  knowingly
advances  prostitution  by compelling a person less than [sixteen] EIGH-
TEEN years old, by force or intimidation, to engage in prostitution.
  Compelling prostitution is a class B felony.
  S 21. Intentionally omitted.
  S 22. Section 230.35 of the penal law, as amended by  chapter  450  of
the laws of 2005, is amended to read as follows:
S 230.35 Promoting or compelling prostitution; accomplice.
  In  a  prosecution  for promoting prostitution or compelling prostitu-
tion, a person less than [seventeen] EIGHTEEN years [of  age]  OLD  from
whose  prostitution  activity another person is alleged to have advanced
or attempted to advance or profited or attempted to profit shall not  be
deemed to be an accomplice.
  S  23. The first undesignated paragraph of section 230.40 of the penal
law is amended to read as follows:
  A person is guilty of permitting prostitution when, having  possession
or  control  of premises OR VEHICLE which he OR SHE knows are being used
for prostitution purposes OR FOR THE PURPOSE OF ADVANCING  PROSTITUTION,
he OR SHE fails to make reasonable effort to halt or abate such use.
  S  24.  Subdivision  2 of section 240.37 of the penal law, as added by
chapter 344 of the laws of 1976, is amended, and subdivision 3 is renum-
bered subdivision 4 and a new subdivision 3 is added to read as follows:
  2. Any person who remains or wanders  about  in  a  public  place  and
repeatedly  beckons  to,  or repeatedly stops, or repeatedly attempts to
stop, or repeatedly attempts to engage passers-by  in  conversation,  or
repeatedly  stops  or  attempts  to  stop  motor vehicles, or repeatedly
interferes with the free passage of other persons, for  the  purpose  of
prostitution[,  or  of  patronizing  a prostitute as those terms are] AS
THAT TERM IS defined in article two hundred thirty of  [the  penal  law]
THIS  PART,  shall  be  guilty of a violation and is guilty of a class B
misdemeanor if such person has previously been convicted of a  violation
of  this  section  or  of  [sections] SECTION 230.00 [or 230.05] of [the
penal law] THIS PART.
  3. ANY PERSON WHO REMAINS OR WANDERS  ABOUT  IN  A  PUBLIC  PLACE  AND
REPEATEDLY  BECKONS  TO,  OR REPEATEDLY STOPS, OR REPEATEDLY ATTEMPTS TO
STOP, OR REPEATEDLY ATTEMPTS TO ENGAGE PASSERS-BY  IN  CONVERSATION,  OR
REPEATEDLY  STOPS  OR  ATTEMPTS  TO  STOP  MOTOR VEHICLES, OR REPEATEDLY
INTERFERES WITH THE FREE PASSAGE OF OTHER PERSONS, FOR  THE  PURPOSE  OF
PATRONIZING  A  PERSON  FOR PROSTITUTION AS DEFINED IN SECTION 230.02 OF
THIS PART, SHALL BE GUILTY OF A VIOLATION AND IS GUILTY  OF  A  CLASS  B
MISDEMEANOR  IF SUCH PERSON HAS PREVIOUSLY BEEN CONVICTED OF A VIOLATION
OF THIS SECTION OR OF SECTION 230.04, 230.05, 230.06 OR 230.08  OF  THIS
PART.
  S  25.  Subdivision 6 of section 380.50 of the criminal procedure law,
as amended by chapter 320 of the laws of 2006, is  amended  to  read  as
follows:
  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

S. 7540                            23

of the following provisions of such law sections 130.25, 130.30, 130.40,
130.45, 255.25, 255.26, 255.27, article two hundred sixty-three, 135.10,
135.25,  230.05,  230.06,  230.11,  230.12,  230.13,  subdivision two of
section 230.30 or 230.32, the prosecutor shall, within sixty days of the
imposition  of  sentence,  provide  the  victim with a form on which the
victim may indicate a demand to be informed of any  petition  to  change
the  name  of  such  defendant.   Such forms shall be maintained by such
prosecutor. Upon receipt of a notice of a petition to change the name of
any such defendant, pursuant to subdivision two of section sixty-two  of
the civil rights law, the prosecutor shall promptly notify the victim at
the  most current address or telephone number provided by such victim in
the most reasonable and expedient possible manner of the time and  place
such petition will be presented to the court.
  S 26. Paragraph (i) of subdivision 1 of section 440.10 of the criminal
procedure  law,  as added by chapter 332 of the laws of 2010, is amended
to read as follows:
  (i) The judgment is a conviction where the arresting charge was  under
section  240.37 (loitering for the purpose of engaging in a prostitution
offense, provided that the defendant was not alleged to be loitering for
the purpose of patronizing a prostitute or  promoting  prostitution)  or
230.00  (prostitution)  OR  230.03 of the penal law, and the defendant's
participation in the offense was a result of having been a victim of sex
trafficking under section 230.34 of the  penal  law,  LABOR  TRAFFICKING
UNDER  SECTION  135.35  OF  THE  PENAL LAW, AGGRAVATED LABOR TRAFFICKING
UNDER SECTION 135.37 OF THE PENAL  LAW,  COMPELLING  PROSTITUTION  UNDER
SECTION  230.33  OF  THE  PENAL LAW, or trafficking in persons under the
Trafficking Victims Protection Act (United States Code, title 22,  chap-
ter 78); provided that
  (i)  a  motion  under this paragraph shall be made with due diligence,
after the defendant has ceased to be a victim  of  such  trafficking  OR
COMPELLING PROSTITUTION CRIME or has sought services for victims of such
trafficking  OR  COMPELLING  PROSTITUTION  CRIME,  subject to reasonable
concerns for the safety of the defendant, family members of the  defend-
ant,  or  other  victims  of such trafficking OR COMPELLING PROSTITUTION
CRIME that may be jeopardized by the bringing of  such  motion,  or  for
other reasons consistent with the purpose of this paragraph; and
  (ii)  official  documentation of the defendant's status as a victim of
[sex] trafficking, COMPELLING PROSTITUTION or trafficking in persons  at
the time of the offense from a federal, state or local government agency
shall  create  a  presumption  that the defendant's participation in the
offense was a result of having been a victim of sex trafficking, COMPEL-
LING PROSTITUTION or trafficking in persons, but shall not  be  required
for granting a motion under this paragraph.
  S 27. Intentionally omitted.
  S 28. Section 483-bb of the social services law is amended by adding a
new subdivision (c) to read as follows:
  (C) AN INDIVIDUAL WHO IS A VICTIM OF THE CONDUCT PROHIBITED BY SECTION
230.33,  230.34,  135.35  OR  135.37  OF THE PENAL LAW MAY BRING A CIVIL
ACTION AGAINST THE PERPETRATOR OR WHOEVER KNOWINGLY ADVANCES OR  PROFITS
FROM,  OR WHOEVER SHOULD HAVE KNOWN HE OR SHE WAS ADVANCING OR PROFITING
FROM, AN ACT IN VIOLATION OF SECTION 230.33, 230.34, 135.35 OR 135.37 OF
THE PENAL LAW TO RECOVER DAMAGES AND REASONABLE ATTORNEY'S FEES.
  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-

S. 7540                            24

TITUTION,  LABOR  TRAFFICKING  OR  AGGRAVATED LABOR TRAFFICKING, BROUGHT
PURSUANT TO SUBDIVISION (C) OF SECTION FOUR HUNDRED  EIGHTY-THREE-BB  OF
THE  SOCIAL  SERVICES  LAW, MAY BE COMMENCED WITHIN TEN YEARS AFTER SUCH
VICTIMIZATION  OCCURS PROVIDED, HOWEVER, THAT SUCH TEN YEAR PERIOD SHALL
NOT BEGIN TO RUN AND SHALL BE TOLLED DURING  ANY  PERIOD  IN  WHICH  THE
VICTIM IS OR REMAINS SUBJECT TO SUCH CONDUCT.
  S 30. Subdivision (a) of section 483-cc of the social services law, as
added by chapter 74 of the laws of 2007, is amended to read as follows:
  (a)  As  soon as practicable after a first encounter with a person who
reasonably appears to a law enforcement agency [or a],  district  attor-
ney's  office,  OR  AN  ESTABLISHED PROVIDER OF SOCIAL OR LEGAL SERVICES
DESIGNATED BY THE OFFICE OF TEMPORARY AND AND DISABILITY  ASSISTANCE  OR
THE  OFFICE  FOR  THE  PREVENTION  OF DOMESTIC VIOLENCE OR THE OFFICE OF
VICTIM SERVICES to be a human trafficking victim, that [agency  or]  LAW
ENFORCEMENT AGENCY OR DISTRICT ATTORNEY'S office shall notify the office
of  temporary  and  disability  assistance  and the division of criminal
justice services that such person may be  eligible  for  services  under
this  article  OR,  IN  THE CASE OF AN ESTABLISHED PROVIDER OF SOCIAL OR
LEGAL SERVICES, SHALL NOTIFY THE  OFFICE  OF  TEMPORARY  AND  DISABILITY
ASSISTANCE  AND THE DIVISION OF CRIMINAL JUSTICE SERVICES IF SUCH VICTIM
CONSENTS TO SEEKING SERVICES PURSUANT TO THIS ARTICLE.
  S 31. Intentionally omitted.
  S 32. Section 14 of chapter 74 of the laws of 2007, amending the penal
law, the criminal procedure law, the correction law, the social services
law, and the executive law relating to human trafficking, as amended  by
chapter 24 of the laws of 2011, is amended to read as follows:
  S  14.    This  act  shall  take  effect on the first of November next
succeeding the date on which it shall have become a law;  provided  that
section 483-ee of the social services law, as added by section eleven of
this  act,  shall take effect immediately and shall remain in full force
and effect until September 1,  [2013]  2017  when  upon  such  date  the
provisions  of  such  section  shall  expire  and  be  deemed  repealed.
Provided, effective immediately, the addition, amendment  and/or  repeal
of any rule or regulation necessary for the timely implementation of the
provisions  of  article  10-D  of  the  social services law, as added by
section eleven of this act, on its effective date are authorized  to  be
made on or before such effective date.
  S  33.  Subdivision (p) of section 10.03 of the mental hygiene law, as
added by chapter 7 of the laws of 2007, is amended to read as follows:
  (p) "Sex offense" means an act or acts constituting:  (1)  any  felony
defined  in  article  one  hundred  thirty of the penal law, including a
sexually motivated felony; (2) patronizing  a  [prostitute]  PERSON  FOR
PROSTITUTION  in  the  first  degree as defined in section 230.06 of the
penal law, AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE  FIRST
DEGREE AS DEFINED IN SECTION 230.13 OF THE PENAL LAW, AGGRAVATED PATRON-
IZING  A  MINOR  FOR  PROSTITUTION  IN  THE  SECOND DEGREE AS DEFINED IN
SECTION 230.12 OF THE PENAL LAW,  AGGRAVATED  PATRONIZING  A  MINOR  FOR
PROSTITUTION  IN  THE  THIRD  DEGREE AS DEFINED IN SECTION 230.11 OF THE
PENAL LAW, incest in the second degree as defined in section  255.26  of
the  penal  law,  or  incest  in  the first degree as defined in section
255.27 of the penal law; (3) a felony attempt or  conspiracy  to  commit
any  of  the  foregoing offenses set forth in this subdivision; or (4) a
designated felony, as defined in subdivision (f)  of  this  section,  if
sexually  motivated  and  committed  prior to the effective date of this
article.

S. 7540                            25

  S 34. Subparagraph (i) of paragraph (a) of subdivision  2  of  section
168-a  of  the  correction law, as amended by chapter 405 of the laws of
2008, is amended to read as follows:
  (i)  a  conviction  of or a conviction for an attempt to commit any of
the provisions of  sections  120.70,  130.20,  130.25,  130.30,  130.40,
130.45, 130.60, 230.34, 250.50, 255.25, 255.26 and 255.27 or article two
hundred  sixty-three of the penal law, or section 135.05, 135.10, 135.20
or 135.25 of such law relating  to  kidnapping  offenses,  provided  the
victim  of  such  kidnapping  or  related offense is less than seventeen
years old and the offender is not the parent of the victim,  or  section
230.04, where the person patronized is in fact less than seventeen years
of  age,  230.05  [or], 230.06, [or] 230.11, 230.12, 230.13, subdivision
two of section 230.30, [or] section 230.32 [or], 230.33,  OR  230.34  of
the penal law, OR SECTION 230.25 OF THE PENAL LAW WHERE THE PERSON PROS-
TITUTED IS IN FACT LESS THAN SEVENTEEN YEARS OLD, or
  S  35.  Paragraph  (b)  of  subdivision  1  of  section  168-d  of the
correction law, as amended by chapter 74 of the laws of 2007, is amended
to read as follows:
  (b) Where a defendant stands convicted of an offense defined in  para-
graph  (b)  of  subdivision  two of section one hundred sixty-eight-a of
this article or where the  defendant  was  convicted  of  patronizing  a
[prostitute]  PERSON  FOR PROSTITUTION in the third degree under section
230.04 of the penal law and the defendant controverts an allegation that
the victim of such offense was less than eighteen years of  age  or,  in
the  case  of  a  conviction under section 230.04 of the penal law, less
than seventeen years of age, the court, without a jury, shall, prior  to
sentencing,  conduct  a  hearing,  and the people may prove by clear and
convincing evidence that the victim was less  than  eighteen  years  [of
age]  OLD  or  less than seventeen years [of age] OLD, as applicable, by
any evidence admissible under the rules applicable to  a  trial  of  the
issue  of  guilt.  The court in addition to such admissible evidence may
also consider  reliable  hearsay  evidence  submitted  by  either  party
provided  that  it  is  relevant  to the determination of the age of the
victim. Facts concerning the age of the victim proven at trial or ascer-
tained at the time of entry of a plea of guilty shall be  deemed  estab-
lished by clear and convincing evidence and shall not be relitigated. At
the  conclusion  of the hearing, or if the defendant does not controvert
an allegation that the victim of the  offense  was  less  than  eighteen
years  [of age] OLD or less than seventeen years [of age] OLD, as appli-
cable, the court must make a finding and enter an  order  setting  forth
the  age  of  the  victim.  If  the  court finds that the victim of such
offense was under eighteen years [of age] OLD or under  seventeen  years
[of  age] OLD, as applicable, the court shall certify the defendant as a
sex offender, the provisions of paragraph (a) of this subdivision  shall
apply  and  the defendant shall register with the division in accordance
with the provisions of this article.
  S 36. Paragraph (c) of subdivision 4 of section 509-cc of the  vehicle
and  traffic  law,  as  amended  by  chapter 400 of the laws of 2011, is
amended to read as follows:
  (c) The offenses referred to in subparagraph (i) of paragraph  (b)  of
subdivision one and subparagraph (i) of paragraph (c) of subdivision two
of  this  section  that  result in disqualification for a period of five
years shall include a conviction under sections 100.10, 105.13,  115.05,
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,

S. 7540                            26

220.16, 220.31, 220.34, 220.60, 220.65, 221.30, 221.50, 221.55,  230.00,
230.05,  230.06, 230.11, 230.12, 230.13, 230.19, 230.20, 235.05, 235.06,
235.07, 235.21, 240.06,  245.00,  260.10,  subdivision  two  of  section
260.20  and  sections  260.25,  265.02,  265.03, 265.08, 265.09, 265.10,
265.12, 265.35 of the penal law or an attempt to commit any of the afor-
esaid offenses under section 110.00 of the penal  law,  or  any  similar
offenses  committed  under  a  former  section  of the penal law, or any
offenses committed under a former section of the penal law  which  would
constitute violations of the aforesaid sections of the penal law, or any
offenses  committed outside this state which would constitute violations
of the aforesaid sections of the penal law.
  S 36-a. The vehicle and traffic law is amended by adding a new section
510-d to read as follows:
  S 510-D. SUSPENSION AND REVOCATION OF CLASS E DRIVER'S LICENSES. 1.  A
CLASS  E  DRIVER'S  LICENSE SHALL BE SUSPENDED BY THE COMMISSIONER FOR A
PERIOD OF ONE YEAR WHERE THE HOLDER  IS  CONVICTED  OF  A  VIOLATION  OF
SECTION  230.20,  230.25,  230.30, 230.32, 230.34 OR 230.40 OF THE PENAL
LAW AND THE HOLDER USED A FOR HIRE MOTOR VEHICLE TO COMMIT SUCH CRIME.
  2. A CLASS E DRIVER'S LICENSE MAY BE REVOKED BY THE COMMISSIONER  WHEN
THE HOLDER, WHO HAD HIS OR HER DRIVER'S LICENSE SUSPENDED UNDER SUBDIVI-
SION  ONE  OF  THIS SECTION WITHIN THE LAST TEN YEARS, IS CONVICTED OF A
SECOND VIOLATION OF SECTION 230.20, 230.25, 230.30,  230.32,  230.34  OR
230.40  OF THE PENAL LAW AND THE HOLDER USED A FOR HIRE MOTOR VEHICLE TO
COMMIT SUCH CRIME.
  3. ANY REVOCATION OR SUSPENSION OF A CLASS E DRIVER'S  LICENSE  ISSUED
PURSUANT TO THIS ARTICLE SHALL BE APPLICABLE ONLY TO THAT PORTION OF THE
HOLDER'S  DRIVER'S LICENSE OR PRIVILEGE WHICH PERMITS THE OPERATION OF A
MOTOR VEHICLE TRANSPORTING PASSENGERS FOR  HIRE,  AND  THE  COMMISSIONER
SHALL  IMMEDIATELY  ISSUE  A  LICENSE,  OTHER  THAN  A  CLASS E DRIVER'S
LICENSE, TO SUCH PERSON, PROVIDED THAT SUCH PERSON IS OTHERWISE ELIGIBLE
TO RECEIVE SUCH LICENSE AND FURTHER PROVIDED THAT ISSUING A  LICENSE  TO
SUCH PERSON DOES NOT CREATE A SUBSTANTIAL TRAFFIC SAFETY HAZARD.
  4.  THE  PROVISIONS  OF THIS SECTION SHALL NOT BE CONSTRUED TO PREVENT
ANY PERSON WHO HAS THE AUTHORITY TO SUSPEND OR REVOKE A LICENSE TO DRIVE
OR PRIVILEGE OF OPERATING PURSUANT TO SECTION FIVE HUNDRED TEN  OF  THIS
ARTICLE FROM EXERCISING ANY SUCH AUTHORITY.
  S  37.  Section 2324-a of the public health law, as amended by chapter
260 of the laws of 1978, is amended to read as follows:
  S 2324-a. Presumptive evidence.  For the purposes of this  title,  two
or more convictions of any person or persons had, within a period of one
year,  for  any  of  the  offenses  described in section 230.00, 230.05,
230.06, 230.08, 230.11, 230.12, 230.13, 230.20, 230.25 [or],  230.30  OR
230.32  of  the  penal law arising out of conduct engaged in at the same
real property consisting of a dwelling as that term is defined in subdi-
vision four of section four  of  the  multiple  dwelling  law  shall  be
presumptive  evidence  of  conduct  constituting use of the premises for
purposes of prostitution.
  S 38. Subdivision 2 of section 715 of the real  property  actions  and
proceedings law, as added by chapter 494 of the laws of 1976, is amended
to read as follows:
  2. For purposes of this section, two or more convictions of any person
or  persons  had,  within  a period of one year, for any of the offenses
described in section 230.00, 230.05,  230.06,  230.11,  230.12,  230.13,
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

S. 7540                            27

dwelling  law  shall be presumptive evidence of conduct constituting use
of the premises for purposes of prostitution.
  S  39.  Subdivision  3  of  section  231  of the real property law, as
amended by chapter 203 of the laws  of  1980,  is  amended  to  read  as
follows:
  3.  For  the  purposes of this section, two or more convictions of any
person or persons had, within a period of  one  year,  for  any  of  the
offenses  described  in  section 230.00, 230.05, 230.06, 230.11, 230.12,
230.13, 230.20, 230.25, 230.30, 230.32 or 230.40 of the penal law  aris-
ing  out  of  conduct  engaged  in  at the same premises consisting of a
dwelling as that term is defined in subdivision four of section four  of
the  multiple dwelling law shall be presumptive evidence of unlawful use
of such premises and of the owners knowledge of the same.
  S 40. Subdivision 3 of section 840 of the executive law is amended  by
adding a new paragraph (f-1) to read as follows:
  (F-1)  DEVELOP,  MAINTAIN  AND  DISSEMINATE,  IN CONSULTATION WITH THE
OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE AND THE DIVISION OF CRIMI-
NAL JUSTICE SERVICES, WRITTEN POLICIES AND  PROCEDURES  REGARDING  HUMAN
TRAFFICKING VICTIMS. SUCH POLICIES AND PROCEDURES SHALL INCLUDE, BUT NOT
BE LIMITED TO THE FOLLOWING: (1) THE IDENTIFICATION OF POTENTIAL VICTIMS
OF   HUMAN   TRAFFICKING,   AS   DEFINED   UNDER  SECTION  FOUR  HUNDRED
EIGHTY-THREE-AA OF THE SOCIAL SERVICES LAW; AND (2)  INFORMATION  AND/OR
REFERRAL  TO  APPROPRIATE SOCIAL AND LEGAL SERVICES FOR VICTIMS OF HUMAN
TRAFFICKING IN ACCORDANCE WITH SECTION FOUR HUNDRED  EIGHTY-THREE-BB  OF
THE SOCIAL SERVICES LAW;
  S  41.  The  executive law is amended by adding a new section 214-d to
read as follows:
  S 214-D. HUMAN TRAFFICKING AWARENESS. THE SUPERINTENDENT, IN CONSULTA-
TION WITH THE OFFICE OF TEMPORARY  AND  DISABILITY  ASSISTANCE  AND  THE
DIVISION  OF CRIMINAL JUSTICE SERVICES, SHALL: (1) DEVELOP, MAINTAIN AND
DISSEMINATE TO ALL MEMBERS OF THE STATE POLICE, INCLUDING NEW AND VETER-
AN OFFICERS, WRITTEN  POLICIES,  PROCEDURES  AND  EDUCATIONAL  MATERIALS
RELATING  TO HUMAN TRAFFICKING VICTIMS, INCLUDING SERVICES AVAILABLE FOR
VICTIMS OF HUMAN TRAFFICKING, AS  REFERENCED  IN  SECTION  FOUR  HUNDRED
EIGHTY-THREE-BB OF THE SOCIAL SERVICES LAW; AND (2) ESTABLISH AND IMPLE-
MENT  WRITTEN PROCEDURES AND POLICIES IN THE EVENT A MEMBER OF THE DIVI-
SION OF STATE POLICE ENCOUNTERS AN INDIVIDUAL BELIEVED TO BE A VICTIM OF
HUMAN TRAFFICKING, WHICH SHALL INCLUDE,  BUT  NOT  BE  LIMITED  TO,  THE
PROVISION  OF  INFORMATION AND/OR REFERRAL TO AN APPROPRIATE PROVIDER OF
SOCIAL AND LEGAL SERVICES TO HUMAN TRAFFICKING  VICTIMS,  IN  ACCORDANCE
WITH SUCH SECTION FOUR HUNDRED EIGHTY-THREE-BB.
  S  42.  This act shall take effect on the ninetieth day after it shall
have become a law.

                                 PART H

  Section 1. Subdivision 21-e of section 292 of the  executive  law,  as
added  by chapter 269 of the laws of 1997, is amended and a new subdivi-
sion 21-f is added to read as follows:
  21-e. The term "reasonable accommodation" means  actions  taken  which
permit an employee, prospective employee or member with a disability, OR
A  PREGNANCY-RELATED  CONDITION,  to  perform in a reasonable manner the
activities involved in the job or occupation sought or held and include,
but are not limited to, provision of an accessible worksite, acquisition
or modification of equipment, support services for persons with impaired
hearing or  vision,  job  restructuring  and  modified  work  schedules;

S. 7540                            28

provided,  however, that such actions do not impose an undue hardship on
the business, program or enterprise of the entity from which  action  is
requested.
  21-F. THE TERM "PREGNANCY-RELATED CONDITION" MEANS A MEDICAL CONDITION
RELATED  TO  PREGNANCY  OR  CHILDBIRTH  THAT  INHIBITS THE EXERCISE OF A
NORMAL BODILY FUNCTION OR IS DEMONSTRABLE BY MEDICALLY ACCEPTED CLINICAL
OR LABORATORY DIAGNOSTIC TECHNIQUES;  PROVIDED,  HOWEVER,  THAT  IN  ALL
PROVISIONS  OF  THIS  ARTICLE DEALING WITH EMPLOYMENT, THE TERM SHALL BE
LIMITED TO CONDITIONS WHICH, UPON THE PROVISION OF  REASONABLE  ACCOMMO-
DATIONS,  DO NOT PREVENT THE COMPLAINANT FROM PERFORMING IN A REASONABLE
MANNER THE ACTIVITIES INVOLVED IN THE JOB OR OCCUPATION SOUGHT OR  HELD;
AND  PROVIDED  FURTHER, HOWEVER, THAT PREGNANCY-RELATED CONDITIONS SHALL
BE TREATED AS TEMPORARY DISABILITIES FOR THE PURPOSES OF THIS ARTICLE.
  S 2. Paragraph (a) of subdivision 3 of section 296  of  the  executive
law, as added by chapter 269 of the laws of 1997, is amended and two new
paragraphs (c) and (d) are added to read as follows:
  (a)  It  shall be an unlawful discriminatory practice for an employer,
licensing agency, employment agency or labor organization to  refuse  to
provide reasonable accommodations to the known disabilities, OR PREGNAN-
CY-RELATED CONDITIONS, of an employee, prospective employee or member in
connection with a job or occupation sought or held or participation in a
training program.
  (C) THE EMPLOYEE MUST COOPERATE IN PROVIDING MEDICAL OR OTHER INFORMA-
TION  THAT  IS  NECESSARY  TO  VERIFY THE EXISTENCE OF THE DISABILITY OR
PREGNANCY-RELATED CONDITION, OR THAT IS NECESSARY FOR  CONSIDERATION  OF
THE  ACCOMMODATION. THE EMPLOYEE HAS A RIGHT TO HAVE SUCH MEDICAL INFOR-
MATION KEPT CONFIDENTIAL.
  (D) NOTHING IN THIS SUBDIVISION REGARDING  "REASONABLE  ACCOMMODATION"
OR  IN  PART D OF THE CHAPTER OF THE LAWS OF TWO THOUSAND THIRTEEN WHICH
ADDED THIS PARAGRAPH SHALL ALTER, DIMINISH, INCREASE, OR CREATE  NEW  OR
ADDITIONAL  REQUIREMENTS  TO  ACCOMMODATE  PROTECTED CLASSES PURSUANT TO
THIS ARTICLE OTHER THAN THE ADDITIONAL REQUIREMENTS  AS  EXPLICITLY  SET
FORTH IN SUCH CHAPTER OF THE LAWS OF TWO THOUSAND THIRTEEN.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.

                                 PART I

  Section 1. The public health law is amended by adding  a  new  section
4166 to read as follows:
  S  4166.  ACCESS  TO REPRODUCTIVE SERVICES. THE STATE SHALL NOT DENY A
WOMAN'S RIGHT TO OBTAIN AN ABORTION AS ESTABLISHED BY THE UNITED  STATES
SUPREME  COURT IN THE DECISION ROE V. WADE, 410 U.S.113 (1973). NOTWITH-
STANDING ANY LAW TO THE CONTRARY, NEW YORK PROTECTS A WOMAN'S  RIGHT  TO
TERMINATE  A PREGNANCY WITHIN TWENTY-FOUR WEEKS FROM COMMENCEMENT OF HER
PREGNANCY, OR WHEN NECESSARY TO PROTECT A  WOMAN'S  LIFE  OR  HEALTH  AS
DETERMINED BY A LICENSED PHYSICIAN.
  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO CONFLICT WITH ANY APPLI-
CABLE  STATE  OR  FEDERAL  LAW  OR  REGULATION  PERMITTING A HEALTH CARE
PROVIDER TO REFRAIN FROM PROVIDING ABORTIONS DUE TO THE PROVIDER'S RELI-
GIOUS OR MORAL BELIEFS.
  NOTHING IN THIS SECTION SHALL CONFLICT WITH THE PARTIAL BIRTH ABORTION
BAN CODIFIED UNDER 18 USC SECTION 1531.
  NO PROSECUTION OR PROCEEDING SHALL BE BROUGHT OR MAINTAINED UNDER  THE
PENAL  LAW OR OTHERWISE FOR ACTS THAT ARE AUTHORIZED OR PERMITTED PURSU-
ANT TO THIS SECTION OR BY  THIS CHAPTER AND THE EDUCATION LAW.

S. 7540                            29

  SUBDIVISIONS TWO AND THREE  OF  SECTION  125.05,  SUBDIVISION  TWO  OF
SECTION 125.15, SUBDIVISION THREE OF SECTION 125.20 AND SECTIONS 125.40,
125.45,  125.50,  125.55 AND 125.60 OF THE PENAL LAW ARE HEREBY REPEALED
TO THE EXTENT THAT THEY ARE INCONSISTENT WITH THIS SECTION.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law.
  S 3. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by a court of compe-
tent jurisdiction to be invalid, such judgment shall not affect,  impair
or invalidate the remainder thereof, but shall be confined in its opera-
tion  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  4.  This  act shall take effect immediately provided, however, that
the applicable effective date of Parts A through I of this act shall  be
as specifically set forth in the last section of such Parts.