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

                                  4213

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2015
                               ___________

Introduced  by  M.  of A. SCARBOROUGH, SCHIMEL, DINOWITZ, GLICK, PAULIN,
  COOK, O'DONNELL, GOTTFRIED, ROSENTHAL, JAFFEE, ORTIZ,  LENTOL,  CLARK,
  ROBINSON, GUNTHER, TITONE, TITUS, MAGEE -- Multi-Sponsored by -- M. of
  A.  AUBRY,  CAMARA,  GIGLIO,  LUPARDO, PEOPLES-STOKES -- read once and
  referred to the Committee on Children and Families

AN ACT to amend the family court act, in relation to sexually  exploited
  children

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

  Section 1. Paragraphs (d) and (e) of subdivision 4 of section 305.2 of
the family court act, as added by section 3 of part G of chapter  58  of
the laws of 2010, are amended to read as follows:
  (d)  take  the child who such officer has decided to take into custody
in accordance with this section  or  section  305.1  of  this  part  for
violating  the  provisions of section 230.00 OR 240.37 of the penal law,
to an available short-term safe house as defined in subdivision  two  of
section four hundred forty-seven-a of the social services law; or
  (e)  take [the] A child[, if it] WHO appears [that such] TO BE A SEXU-
ALLY EXPLOITED child [is a sexually exploited child] as defined in para-
graph (a), (c) or (d) of subdivision one of section four hundred  forty-
seven-a  of  the  social services law[,] to an available short-term safe
house AS DEFINED IN SUBDIVISION TWO OF SECTION FOUR  HUNDRED  FORTY-SEV-
EN-A  OF  THE  SOCIAL SERVICES LAW, but only if the child consents to be
taken.
  S 2. Subdivision 3 of section  311.4  of  the  family  court  act,  as
amended  by  section  4  of part G of chapter 58 of the laws of 2010, is
amended to read as follows:
  3. In any proceeding under this article based upon an  arrest  for  an
act  of  prostitution OR WHERE IT APPEARS THAT THE RESPONDENT ENGAGED IN
LOITERING FOR THE PURPOSE OF ENGAGING IN A PROSTITUTION  OFFENSE,  there
is a presumption that the respondent meets the criteria as a victim of a

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08093-01-5
              

A. 4213                             2

severe form of trafficking as defined in section 7105 of title 22 of the
United  States  Code  (Trafficking Victims Protection Act of 2000). Upon
the motion of the respondent, without the  consent  of  the  presentment
agency,  a  petition  alleging  that the respondent is in need of super-
vision shall be substituted for the delinquency petition.  If,  however,
the  respondent  WAS NOT INTIMIDATED, FORCED, THREATENED OR COERCED INTO
ENGAGING IN PROSTITUTION OR LOITERING FOR THE PURPOSES OF ENGAGING IN  A
PROSTITUTION  OFFENSE,  OR has been previously adjudicated as a juvenile
delinquent under this article for an act which would be a crime pursuant
to article two hundred thirty of the penal law, if the respondent was an
adult, OR HAS BEEN PREVIOUSLY ADJUDICATED UNDER  SECTION  SEVEN  HUNDRED
FIFTY-TWO OF THIS CHAPTER AND PLACED WITH A LOCAL COMMISSIONER OF SOCIAL
SERVICES  PURSUANT TO SUBDIVISION (A) OF SECTION SEVEN HUNDRED FIFTY-SIX
OF THIS CHAPTER, or expresses a current unwillingness to cooperate  with
specialized  services  for sexually exploited youth, continuing with the
delinquency proceeding shall  be  within  the  court's  discretion.  The
necessary findings of fact to support the continuation of the delinquen-
cy  proceeding  shall  be  reduced to writing and made part of the court
record. If, subsequent to issuance of a substitution  order  under  this
subdivision  and  prior to the conclusion of the fact finding hearing on
the petition alleging that the respondent is a person in need of  super-
vision,  the  respondent  is not in substantial compliance with a lawful
order of the court, the court may, in  its  discretion,  substitute  the
original  petition alleging that the respondent is a juvenile delinquent
for the petition alleging that the respondent is in need of supervision.
  S 3. This act shall take effect on the thirtieth day  after  it  shall
have become a law.