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

                                   506

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  M. of A. PAULIN, DINOWITZ, SCARBOROUGH, ROSENTHAL, COOK,
  LAVINE,  ZEBROWSKI,  ABBATE,  CUSICK,  ENGLEBRIGHT,  GALEF,   GUNTHER,
  JAFFEE,  MAGNARELLI, MARKEY, MOYA, ROBERTS, SEPULVEDA, STIRPE, KEARNS,
  OTIS, BUCHWALD,  TITUS,  SKOUFIS,  SIMOTAS,  SCHIMEL,  RYAN,  RUSSELL,
  QUART,  PRETLOW,  PERRY,  LIFTON,  HEVESI,  CLARK,  BRONSON, BRINDISI,
  BARRETT, ARROYO, WEPRIN, STECK, CORWIN, CURRAN, FITZPATRICK,  GARBARI-
  NO, JOHNS, KATZ, McLAUGHLIN, SALADINO, STEC, TEDISCO, TITONE, MORELLE,
  MOSLEY,  GRAF,  BRAUNSTEIN,  SKARTADOS,  MILLER,  CAMARA, SCHIMMINGER,
  HOOPER, ROZIC, ORTIZ, BROOK-KRASNY, KAVANAGH, CYMBROWITZ, GANTT, DAVI-
  LA, MALLIOTAKIS, GOTTFRIED, WRIGHT -- Multi-Sponsored by -- M.  of  A.
  ABINANTI,  BARCLAY,  BRENNAN, COLTON, CRESPO, DiPIETRO, FAHY, FARRELL,
  GJONAJ, GLICK, GOLDFEDER, HEASTIE,  HIKIND,  LENTOL,  LUPARDO,  MAGEE,
  McDONOUGH,  MONTESANO,  PALMESANO,  PEOPLES-STOKES,  RA,  RAIA, RAMOS,
  RIVERA,  ROBINSON,  RODRIGUEZ,  SANTABARBARA,   SIMANOWITZ,   SOLAGES,
  TENNEY,  THIELE,  WALTER -- read once and referred to the Committee on
  Codes

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

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01841-01-5
              

A. 506                              2

  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
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

A. 506                              3

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  THE
FIRST DEGREE AS DEFINED IN SECTION 230.13 OF THIS CHAPTER, incest in the
second degree as defined in section 255.26 of this chapter, or incest in
the  first  degree  as  defined  in section 255.27 of this chapter, or a
felony attempt or conspiracy to commit any of the above.
  S 5. Section 135.35 of the penal law, as added by chapter  74  of  the
laws of 2007, is amended to read as follows:
S 135.35 Labor trafficking.
  A  person  is  guilty  of  labor  trafficking  if he or she compels or
induces another to engage in labor or  recruits,  entices,  harbors,  or
transports such other person by means of intentionally:
  1.  [unlawfully  providing  a controlled substance to such person with
intent to impair said person's judgment;
  2.] requiring that the labor be performed to retire, repay, or service
a real or purported debt that the actor has caused by a systematic ongo-
ing course of conduct with intent to defraud such person;
  [3.]  2.  withholding,  destroying,  or  confiscating  any  actual  or
purported  passport,  immigration  document,  or  any  other  actual  or
purported government identification document,  of  another  person  with
intent  to  impair said person's freedom of movement; provided, however,
that this subdivision shall not apply to an attempt to correct a  social
security  administration  record or immigration agency record in accord-

A. 506                              4

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  6.  The penal law is amended by adding a new section 135.37 to read
as follows:
S 135.37 AGGRAVATED LABOR TRAFFICKING.
  A PERSON IS GUILTY OF  AGGRAVATED  LABOR  TRAFFICKING  IF  HE  OR  SHE
COMPELS  OR  INDUCES  ANOTHER  TO  ENGAGE IN LABOR OR RECRUITS, ENTICES,
HARBORS, OR TRANSPORTS SUCH OTHER PERSON TO ENGAGE IN LABOR BY MEANS  OF
INTENTIONALLY UNLAWFULLY PROVIDING A CONTROLLED SUBSTANCE TO SUCH PERSON
WITH INTENT TO IMPAIR SAID PERSON'S JUDGMENT.
  AGGRAVATED LABOR TRAFFICKING IS A CLASS C FELONY.
  S  7.  Paragraph  (a)  of subdivision 1 of section 460.10 of the penal
law, as amended by chapter 37 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-
inal possession of stolen property; sections 165.72 and 165.73  relating
to  trademark  counterfeiting;  sections 170.10, 170.15, 170.25, 170.30,

A. 506                              5

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, 220.65 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 danger-
ous weapons; sections 265.14 and 265.16 relating to criminal sale  of  a
firearm; section 275.10, 275.20, 275.30, or 275.40 relating to unauthor-
ized recordings; and sections 470.05, 470.10, 470.15 and 470.20 relating
to money laundering; or
  S  8. Paragraphs (b) and (h) of subdivision 8 of section 700.05 of the
criminal procedure law, paragraph (b) as amended by chapter 405  of  the
laws  of 2010 and paragraph (h) as amended by chapter 154 of the laws of
1990, are amended to read as follows:
  (b) Any of the following felonies: assault in  the  second  degree  as
defined  in section 120.05 of the penal law, assault in the first degree
as defined in section 120.10 of the penal law, reckless endangerment  in
the  first degree as defined in section 120.25 of the penal law, promot-
ing a suicide attempt as defined in section 120.30  of  the  penal  law,
strangulation  in  the second degree as defined in section 121.12 of the
penal law, strangulation in the  first  degree  as  defined  in  section
121.13  of  the  penal  law, criminally negligent homicide as defined in
section 125.10 of the penal law, manslaughter in the  second  degree  as
defined  in  section  125.15 of the penal law, manslaughter in the first
degree as defined in section 125.20 of the  penal  law,  murder  in  the
second  degree  as defined in section 125.25 of the penal law, murder in
the first degree as defined in section 125.27 of the penal law, abortion
in the second degree as defined in section  125.40  of  the  penal  law,
abortion  in  the first degree as defined in section 125.45 of the penal
law, rape in the third degree as defined in section 130.25 of the  penal
law, rape in the second degree as defined in section 130.30 of the penal
law,  rape in the first degree as defined in section 130.35 of the penal
law, criminal sexual act in the  third  degree  as  defined  in  section
130.40  of  the  penal  law, criminal sexual act in the second degree as
defined in section 130.45 of the penal law, criminal sexual act  in  the
first degree as defined in section 130.50 of the penal law, sexual abuse
in  the  first  degree  as  defined  in section 130.65 of the penal law,
unlawful imprisonment in the first degree as defined in  section  135.10
of  the penal law, kidnapping in the second degree as defined in section
135.20 of the penal law, kidnapping in the first degree  as  defined  in

A. 506                              6

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
defined in section 178.20  of  the  penal  law,  criminal  diversion  of
prescription  medications  and  prescriptions  in  the  first  degree as

A. 506                              7

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 9. The penal law is amended by adding a new section 230.01  to  read
as follows:
S 230.01 PROSTITUTION; AFFIRMATIVE DEFENSE.
  IN ANY PROSECUTION UNDER SECTION 230.00, SECTION 230.03 OR SUBDIVISION
TWO  OF  SECTION  240.37 OF THIS PART, IT IS AN AFFIRMATIVE DEFENSE THAT
THE DEFENDANT'S PARTICIPATION IN THE OFFENSE WAS A RESULT OF HAVING BEEN
A VICTIM OF COMPELLING PROSTITUTION UNDER SECTION 230.33,  A  VICTIM  OF
SEX  TRAFFICKING  UNDER  SECTION  230.34  OF THIS ARTICLE OR A VICTIM OF
TRAFFICKING IN PERSONS UNDER  THE  TRAFFICKING  VICTIMS  PROTECTION  ACT
(UNITED STATES CODE, TITLE 22, CHAPTER 78).
  S  10.  The section heading and subdivision 1 of section 230.02 of the
penal law, as amended by chapter 627 of the laws of 1978, are amended to
read as follows:
  Patronizing a [prostitute] PERSON FOR PROSTITUTION; definitions.
  1. A person patronizes a [prostitute] PERSON FOR PROSTITUTION when:
  (a) Pursuant to a prior understanding, he OR SHE pays a fee to another
person as compensation for such person or a third person having  engaged
in sexual conduct with him OR HER; or
  (b)  He  OR SHE pays or agrees to pay a fee to another person pursuant
to an understanding that in return  therefor  such  person  or  a  third
person will engage in sexual conduct with him OR HER; or
  (c)  He OR SHE solicits or requests another person to engage in sexual
conduct with him OR HER in return for a fee.

A. 506                              8

  S 11. Subdivision 2 of section 230.03 of the penal law,  as  added  by
chapter 191 of the laws of 2011, is amended to read as follows:
  2. For the purposes of this section, SECTION 230.08 and section 230.19
of  this  article, "school zone" means (a) in or on or within any build-
ing, structure, athletic playing field,  playground  or  land  contained
within  the real property boundary line of a public or private elementa-
ry, parochial, intermediate, junior high, vocational, or high school, or
(b) any public  sidewalk,  street,  parking  lot,  park,  playground  or
private  land, located immediately adjacent to the boundary line of such
school.
  S 12. Section 230.04 of the penal law, as amended by chapter 74 of the
laws of 2007, is amended to read as follows:
S 230.04 Patronizing a [prostitute] PERSON FOR PROSTITUTION in the third
           degree.
  A person is guilty of patronizing a [prostitute] PERSON FOR  PROSTITU-
TION in the third degree when he or she patronizes a [prostitute] PERSON
FOR PROSTITUTION.
  Patronizing a [prostitute] PERSON FOR PROSTITUTION in the third degree
is a class A misdemeanor.
  S  13. Section 230.05 of the penal law, as added by chapter 627 of the
laws of 1978, is amended to read as follows:
S 230.05 Patronizing a  [prostitute]  PERSON  FOR  PROSTITUTION  in  the
           second degree.
  A  person is guilty of patronizing a [prostitute] PERSON FOR PROSTITU-
TION in the second degree when, being [over] eighteen years [of age] OLD
OR MORE, he OR SHE patronizes a [prostitute] PERSON FOR PROSTITUTION and
the person patronized is less than [fourteen]  FIFTEEN  years  [of  age]
OLD.
  Patronizing  a  [prostitute]  PERSON  FOR  PROSTITUTION  in the second
degree is a class E felony.
  S 14. Section 230.06 of the penal law, as added by chapter 627 of  the
laws of 1978, is amended to read as follows:
S 230.06 Patronizing a [prostitute] PERSON FOR PROSTITUTION in the first
           degree.
  A  person is guilty of patronizing a [prostitute] PERSON FOR PROSTITU-
TION in the first degree when [he]:
  1. HE OR SHE patronizes a [prostitute] PERSON FOR PROSTITUTION and the
person patronized is less than eleven years [of age] OLD; OR
  2. BEING EIGHTEEN YEARS OLD OR MORE, HE OR SHE PATRONIZES A PERSON FOR
PROSTITUTION AND THE PERSON PATRONIZED IS LESS THAN THIRTEEN YEARS OLD.
  Patronizing a [prostitute] PERSON FOR PROSTITUTION in the first degree
is a class D felony.
  S 15. Section 230.07 of the penal law, as amended by chapter 74 of the
laws of 2007, is amended to read as follows:
S 230.07 Patronizing a [prostitute] PERSON FOR PROSTITUTION; defense.
  In any prosecution for patronizing a [prostitute] PERSON FOR PROSTITU-
TION in the first or second degrees OR PATRONIZING A PERSON FOR  PROSTI-
TUTION IN A SCHOOL ZONE, it is a defense that the defendant did not have
reasonable  grounds  to  believe  that  the person was less than the age
specified.
  S 16. The penal law is amended by adding a new section 230.08 to  read
as follows:
S 230.08 PATRONIZING A PERSON FOR PROSTITUTION IN A SCHOOL ZONE.
  1.  A  PERSON  IS GUILTY OF PATRONIZING A PERSON FOR PROSTITUTION IN A
SCHOOL ZONE WHEN, BEING TWENTY-ONE YEARS OLD OR MORE, HE OR SHE  PATRON-
IZES  A  PERSON  FOR PROSTITUTION AND THE PERSON PATRONIZED IS LESS THAN

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EIGHTEEN YEARS OLD AT A PLACE THAT HE OR SHE KNOWS, OR REASONABLY SHOULD
KNOW, IS IN A SCHOOL ZONE.
  2.  FOR  PURPOSES  OF  THIS  SECTION, "SCHOOL ZONE" SHALL MEAN "SCHOOL
ZONE" AS DEFINED IN SUBDIVISION TWO OF SECTION 230.03 OF THIS ARTICLE.
  PATRONIZING A PERSON FOR PROSTITUTION IN A SCHOOL ZONE IS  A  CLASS  E
FELONY.
  S  17. The section heading and the opening paragraph of section 230.10
of the penal law are amended to read as follows:
  Prostitution and patronizing a [prostitute] PERSON  FOR  PROSTITUTION;
no defense.
  In  any  prosecution  for  prostitution  or patronizing a [prostitute]
PERSON FOR PROSTITUTION, the sex  of  the  two  parties  or  prospective
parties  to  the sexual conduct engaged in, contemplated or solicited is
immaterial, and it is no defense that:
  S 18. The penal law is amended by adding three  new  sections  230.11,
230.12 and 230.13 to read as follows:
S 230.11 AGGRAVATED  PATRONIZING  A  MINOR FOR PROSTITUTION IN THE THIRD
           DEGREE.
  A PERSON IS GUILTY OF AGGRAVATED PATRONIZING A MINOR FOR  PROSTITUTION
IN  THE THIRD DEGREE WHEN, BEING TWENTY-ONE YEARS OLD OR MORE, HE OR SHE
PATRONIZES A PERSON FOR PROSTITUTION AND THE PERSON PATRONIZED  IS  LESS
THAN SEVENTEEN YEARS OLD AND THE PERSON GUILTY OF PATRONIZING ENGAGES IN
SEXUAL  INTERCOURSE, ORAL SEXUAL CONDUCT, ANAL SEXUAL CONDUCT, OR AGGRA-
VATED SEXUAL CONDUCT AS THOSE TERMS ARE DEFINED  IN  SECTION  130.00  OF
THIS PART, WITH THE PERSON PATRONIZED.
  AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE THIRD DEGREE IS
A CLASS E FELONY.
S 230.12 AGGRAVATED  PATRONIZING  A MINOR FOR PROSTITUTION IN THE SECOND
           DEGREE.
  A PERSON IS GUILTY OF AGGRAVATED PATRONIZING A MINOR FOR  PROSTITUTION
IN  THE  SECOND DEGREE WHEN, BEING EIGHTEEN YEARS OLD OR MORE, HE OR SHE
PATRONIZES A PERSON FOR PROSTITUTION AND THE PERSON PATRONIZED  IS  LESS
THAN  FIFTEEN  YEARS OLD AND THE PERSON GUILTY OF PATRONIZING ENGAGES IN
SEXUAL INTERCOURSE, ORAL SEXUAL CONDUCT, ANAL SEXUAL CONDUCT, OR  AGGRA-
VATED  SEXUAL  CONDUCT  AS  THOSE TERMS ARE DEFINED IN SECTION 130.00 OF
THIS PART, WITH THE PERSON PATRONIZED.
  AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE  SECOND  DEGREE
IS A CLASS D FELONY.
S 230.13 AGGRAVATED  PATRONIZING  A  MINOR FOR PROSTITUTION IN THE FIRST
           DEGREE.
  A PERSON IS GUILTY OF AGGRAVATED PATRONIZING A MINOR FOR  PROSTITUTION
IN  THE FIRST DEGREE WHEN HE OR SHE PATRONIZES A PERSON FOR PROSTITUTION
AND THE PERSON PATRONIZED IS LESS THAN ELEVEN YEARS OLD, OR BEING  EIGH-
TEEN  YEARS  OLD OR MORE, HE OR SHE PATRONIZES A PERSON FOR PROSTITUTION
AND THE PERSON PATRONIZED IS LESS  THAN  THIRTEEN  YEARS  OLD,  AND  THE
PERSON  GUILTY OF PATRONIZING ENGAGES IN SEXUAL INTERCOURSE, ORAL SEXUAL
CONDUCT, ANAL SEXUAL CONDUCT, OR  AGGRAVATED  SEXUAL  CONDUCT  AS  THOSE
TERMS  ARE  DEFINED  IN  SECTION  130.00  OF  THIS PART, WITH THE PERSON
PATRONIZED.
  AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE FIRST DEGREE IS
A CLASS B FELONY.
  S 19. Subdivisions 1 and 2 of section 230.15  of  the  penal  law  are
amended to read as follows:
  1.  "Advance  prostitution."  A  person  "advances prostitution" when,
acting other than as a [prostitute]  PERSON  IN  PROSTITUTION  or  as  a
patron thereof, he OR SHE knowingly causes or aids a person to commit or

A. 506                             10

engage  in  prostitution, procures or solicits patrons for prostitution,
provides persons or premises  for  prostitution  purposes,  operates  or
assists  in  the  operation of a house of prostitution or a prostitution
enterprise,  or  engages in any other conduct designed to institute, aid
or facilitate an act or enterprise of prostitution.
  2. "Profit from prostitution." A person  "profits  from  prostitution"
when, acting other than as a [prostitute] PERSON IN PROSTITUTION receiv-
ing  compensation  for  personally rendered prostitution services, he OR
SHE accepts or receives money or other property pursuant to an agreement
or understanding with any person whereby he OR SHE participates or is to
participate in the proceeds of prostitution activity.
  S 20. Subdivision 1 of section 230.19 of the penal law,  as  added  by
chapter 191 of the laws of 2011, is amended to read as follows:
  1. A person is guilty of promoting prostitution in a school zone when,
being  nineteen  years [of age] OLD or [older] MORE, he or she knowingly
advances or profits from prostitution that he or she knows or reasonably
should know is or will be committed in violation of  section  230.03  of
this  article  in  a  school  zone  during  the  hours that school is in
session.
  S 21. The opening paragraph and subdivision 1 of section 230.25 of the
penal law, the opening paragraph as amended by chapter 627 of  the  laws
of  1978 and subdivision 1 as amended by chapter 74 of the laws of 2007,
are amended to read as follows:
  A person is guilty of promoting prostitution in the third degree  when
he OR SHE knowingly:
  1.  Advances  or  profits  from prostitution by managing, supervising,
controlling or owning, either alone or in  association  with  others,  a
house of prostitution or a prostitution business or enterprise involving
prostitution  activity by two or more [prostitutes] PERSONS IN PROSTITU-
TION, or a business that sells travel-related services knowing that such
services include or are intended to facilitate travel for the purpose of
patronizing a [prostitute]  PERSON  FOR  PROSTITUTION,  including  to  a
foreign  jurisdiction  and regardless of the legality of prostitution in
said foreign jurisdiction; or
  S 22. Section 230.30 of the penal law, as amended by  chapter  627  of
the laws of 1978, is amended to read as follows:
S 230.30 Promoting prostitution in the second degree.
  A person is guilty of promoting prostitution in the second degree when
he OR SHE knowingly:
  1.  Advances  prostitution  by  compelling a person by force or intim-
idation to engage in prostitution, or profits from such coercive conduct
by another; or
  2. Advances or  profits  from  prostitution  of  a  person  less  than
[sixteen] EIGHTEEN years old.
  Promoting prostitution in the second degree is a class C felony.
  S  23. The first undesignated paragraph of section 230.32 of the penal
law, as added by chapter 627 of the laws of 1978, is amended to read  as
follows:
  A  person is guilty of promoting prostitution in the first degree when
he OR SHE:
  1. knowingly advances or profits from prostitution of  a  person  less
than [eleven] THIRTEEN years old; OR
  2. BEING TWENTY-ONE YEARS OLD OR MORE, HE OR SHE KNOWINGLY ADVANCES OR
PROFITS FROM PROSTITUTION OF A PERSON LESS THAN FIFTEEN YEARS OLD.
  S  24. Section 230.33 of the penal law, as added by chapter 450 of the
laws of 2005, is amended to read as follows:

A. 506                             11

S 230.33 Compelling prostitution.
  A person is guilty of compelling prostitution when, being [twenty-one]
EIGHTEEN  years  [of  age  or  older]  OLD  OR MORE, he or she knowingly
advances prostitution by compelling a person less than  [sixteen]  EIGH-
TEEN years old, by force or intimidation, to engage in prostitution.
  Compelling prostitution is a class B felony.
  S  25.  Section  230.35 of the penal law, as amended by chapter 450 of
the laws of 2005, is amended to read as follows:
S 230.35 Promoting or compelling prostitution; accomplice.
  In a prosecution for promoting prostitution  or  compelling  prostitu-
tion,  a  person  less than [seventeen] EIGHTEEN years [of age] OLD from
whose prostitution activity another person is alleged to  have  advanced
or  attempted to advance or profited or attempted to profit shall not be
deemed to be an accomplice.
  S 26. The first undesignated paragraph of section 230.40 of the  penal
law is amended to read as follows:
  A  person is guilty of permitting prostitution when, having possession
or control of premises OR VEHICLE which he OR SHE knows are  being  used
for  prostitution purposes OR FOR THE PURPOSE OF ADVANCING PROSTITUTION,
he OR SHE fails to make reasonable effort to halt or abate such use.
  S 27. Subdivision 2 of section 240.37 of the penal law,  as  added  by
chapter 344 of the laws of 1976, is amended, and subdivision 3 is renum-
bered subdivision 4 and a new subdivision 3 is added to read as follows:
  2.  Any  person  who  remains  or  wanders about in a public place and
repeatedly beckons to, or repeatedly stops, or  repeatedly  attempts  to
stop,  or  repeatedly  attempts to engage passers-by in conversation, or
repeatedly stops or attempts  to  stop  motor  vehicles,  or  repeatedly
interferes  with  the  free passage of other persons, for the purpose of
prostitution[, or of patronizing a prostitute as  those  terms  are]  AS
THAT  TERM  IS  defined in article two hundred thirty of [the penal law]
THIS PART, shall be guilty of a violation and is guilty  of  a  class  B
misdemeanor  if such person has previously been convicted of a violation
of this section or of [sections] SECTION  230.00  [or  230.05]  of  [the
penal law] THIS PART.
  3.  ANY  PERSON  WHO  REMAINS  OR  WANDERS ABOUT IN A PUBLIC PLACE AND
REPEATEDLY BECKONS TO, OR REPEATEDLY STOPS, OR  REPEATEDLY  ATTEMPTS  TO
STOP,  OR  REPEATEDLY  ATTEMPTS TO ENGAGE PASSERS-BY IN CONVERSATION, OR
REPEATEDLY STOPS OR ATTEMPTS  TO  STOP  MOTOR  VEHICLES,  OR  REPEATEDLY
INTERFERES  WITH  THE  FREE PASSAGE OF OTHER PERSONS, FOR THE PURPOSE OF
PATRONIZING A PERSON FOR PROSTITUTION AS DEFINED IN  SECTION  230.02  OF
THIS  PART,  SHALL  BE  GUILTY OF A VIOLATION AND IS GUILTY OF A CLASS B
MISDEMEANOR IF SUCH PERSON HAS PREVIOUSLY BEEN CONVICTED OF A  VIOLATION
OF  THIS  SECTION OR OF SECTION 230.04, 230.05, 230.06 OR 230.08 OF THIS
PART.
  S 28. Subdivision 6 of section 380.50 of the criminal  procedure  law,
as  amended  by  chapter  320 of the laws of 2006, is amended to read as
follows:
  6. Regardless of whether the victim requests to make a statement  with
regard to the defendant's sentence, where the defendant is sentenced for
a violent felony offense as defined in section 70.02 of the penal law or
a  felony  defined in article one hundred twenty-five of such law or any
of the following provisions of such law sections 130.25, 130.30, 130.40,
130.45, 255.25, 255.26, 255.27, article two hundred sixty-three, 135.10,
135.25, 230.05, 230.06,  230.11,  230.12,  230.13,  subdivision  two  of
section 230.30 or 230.32, the prosecutor shall, within sixty days of the
imposition  of  sentence,  provide  the  victim with a form on which the

A. 506                             12

victim may indicate a demand to be informed of any  petition  to  change
the  name  of  such  defendant.   Such forms shall be maintained by such
prosecutor. Upon receipt of a notice of a petition to change the name of
any  such defendant, pursuant to subdivision two of section sixty-two of
the civil rights law, the prosecutor shall promptly notify the victim at
the most current address or telephone number provided by such victim  in
the  most reasonable and expedient possible manner of the time and place
such petition will be presented to the court.
  S 29. Paragraph (i) of subdivision 1 of section 440.10 of the criminal
procedure law, as added by chapter 332 of the laws of 2010,  is  amended
to read as follows:
  (i)  The judgment is a conviction where the arresting charge was under
section 240.37 (loitering for the purpose of engaging in a  prostitution
offense, provided that the defendant was not alleged to be loitering for
the  purpose  of  patronizing  a [prostitute] PERSON FOR PROSTITUTION or
promoting prostitution) or 230.00 (prostitution) OR 230.03 (PROSTITUTION
IN A SCHOOL ZONE) of the penal law, and the defendant's participation in
the offense was a result of having been  a  victim  of  sex  trafficking
under  section  230.34 of the penal law, LABOR TRAFFICKING UNDER SECTION
135.35 OF THE PENAL LAW,  AGGRAVATED  LABOR  TRAFFICKING  UNDER  SECTION
135.37 OF THE PENAL LAW, COMPELLING PROSTITUTION UNDER SECTION 230.33 OF
THE  PENAL  LAW, or trafficking in persons under the Trafficking Victims
Protection Act (United States Code, title 22, chapter 78); provided that
  (i) a motion under this paragraph shall be made  with  due  diligence,
after  the  defendant  has  ceased to be a victim of such trafficking OR
COMPELLING PROSTITUTION CRIME or has sought services for victims of such
trafficking OR COMPELLING  PROSTITUTION  CRIME,  subject  to  reasonable
concerns  for the safety of the defendant, family members of the defend-
ant, or other victims of such  trafficking  OR  COMPELLING  PROSTITUTION
CRIME  that  may  be  jeopardized by the bringing of such motion, or for
other reasons consistent with the purpose of this paragraph; and
  (ii) official documentation of the defendant's status as a  victim  of
[sex]  trafficking, COMPELLING PROSTITUTION or trafficking in persons at
the time of the offense from a federal, state or local government agency
shall create a presumption that the  defendant's  participation  in  the
offense was a result of having been a victim of sex trafficking, COMPEL-
LING  PROSTITUTION  or trafficking in persons, but shall not be required
for granting a motion under this paragraph.
  S 30. Section 483-bb of the social services law is amended by adding a
new subdivision (c) to read as follows:
  (C) AN INDIVIDUAL WHO IS A VICTIM OF THE CONDUCT PROHIBITED BY SECTION
230.33, 230.34, 135.35 OR 135.37 OF THE PENAL  LAW  MAY  BRING  A  CIVIL
ACTION  AGAINST THE PERPETRATOR OR WHOEVER KNOWINGLY ADVANCES OR PROFITS
FROM, OR WHOEVER SHOULD HAVE KNOWN HE OR SHE WAS ADVANCING OR  PROFITING
FROM, AN ACT IN VIOLATION OF SECTION 230.33, 230.34, 135.35 OR 135.37 OF
THE PENAL LAW TO RECOVER DAMAGES AND REASONABLE ATTORNEY'S FEES.
  S  31.  Section  212 of the civil practice law and rules is amended by
adding a new subdivision (e) to read as follows:
  (E) BY A VICTIM OF SEX TRAFFICKING, COMPELLING PROSTITUTION, OR  LABOR
TRAFFICKING.  AN ACTION BY A VICTIM OF SEX TRAFFICKING, COMPELLING PROS-
TITUTION, LABOR TRAFFICKING OR  AGGRAVATED  LABOR  TRAFFICKING,  BROUGHT
PURSUANT  TO  SUBDIVISION (C) OF SECTION FOUR HUNDRED EIGHTY-THREE-BB OF
THE SOCIAL SERVICES LAW, MAY BE COMMENCED WITHIN TEN  YEARS  AFTER  SUCH
VICTIMIZATION  OCCURS PROVIDED, HOWEVER, THAT SUCH TEN YEAR PERIOD SHALL
NOT BEGIN TO RUN AND SHALL BE TOLLED DURING  ANY  PERIOD  IN  WHICH  THE
VICTIM IS OR REMAINS SUBJECT TO SUCH CONDUCT.

A. 506                             13

  S 32. Subdivision (a) of section 483-cc of the social services law, as
added by chapter 74 of the laws of 2007, is amended to read as follows:
  (a)  As  soon as practicable after a first encounter with a person who
reasonably appears to a law enforcement agency [or a],  district  attor-
ney's  office,  OR  AN  ESTABLISHED PROVIDER OF SOCIAL OR LEGAL SERVICES
DESIGNATED BY THE OFFICE OF TEMPORARY  AND  DISABILITY  ASSISTANCE,  THE
OFFICE  FOR  THE PREVENTION OF DOMESTIC VIOLENCE OR THE OFFICE OF VICTIM
SERVICES to be a human trafficking victim, that [agency or] LAW ENFORCE-
MENT AGENCY OR DISTRICT ATTORNEY'S office shall  notify  the  office  of
temporary and disability assistance and the division of criminal justice
services  that such person may be eligible for services under this arti-
cle OR, IN THE CASE OF  AN  ESTABLISHED  PROVIDER  OF  SOCIAL  OR  LEGAL
SERVICES, SHALL NOTIFY THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE
AND THE DIVISION OF CRIMINAL JUSTICE SERVICES IF SUCH VICTIM CONSENTS TO
SEEKING SERVICES PURSUANT TO THIS ARTICLE.
  S 33. Section 14 of chapter 74 of the laws of 2007, amending the penal
law, the criminal procedure law, the correction law, the social services
law,  and the executive law relating to human trafficking, as amended by
chapter 24 of the laws of 2011, is amended to read as follows:
  S 14.   This act shall take effect  on  the  first  of  November  next
succeeding  the  date on which it shall have become a law; provided that
section 483-ee of the social services law, as added by section eleven of
this act, shall take effect immediately and shall remain in  full  force
and  effect  until  September  1,  [2013]  2019  when upon such date the
provisions  of  such  section  shall  expire  and  be  deemed  repealed.
Provided,  effective  immediately, the addition, amendment and/or repeal
of any rule or regulation necessary for the timely implementation of the
provisions of article 10-D of the  social  services  law,  as  added  by
section  eleven  of this act, on its effective date are authorized to be
made on or before such effective date.
  S 34. Subdivision (p) of section 10.03 of the mental hygiene  law,  as
added by chapter 7 of the laws of 2007, is amended to read as follows:
  (p)  "Sex  offense"  means an act or acts constituting: (1) any felony
defined in article one hundred thirty of  the  penal  law,  including  a
sexually  motivated  felony;  (2)  patronizing a [prostitute] PERSON FOR
PROSTITUTION in the first degree as defined in  section  230.06  of  the
penal  law, AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE FIRST
DEGREE AS DEFINED IN SECTION 230.13 OF THE PENAL LAW, AGGRAVATED PATRON-
IZING A MINOR FOR PROSTITUTION  IN  THE  SECOND  DEGREE  AS  DEFINED  IN
SECTION  230.12  OF  THE  PENAL  LAW, AGGRAVATED PATRONIZING A MINOR FOR
PROSTITUTION IN THE THIRD DEGREE AS DEFINED IN  SECTION  230.11  OF  THE
PENAL  LAW,  incest in the second degree as defined in section 255.26 of
the penal law, or incest in the  first  degree  as  defined  in  section
255.27  of  the  penal law; (3) a felony attempt or conspiracy to commit
any of the foregoing offenses set forth in this subdivision;  or  (4)  a
designated  felony,  as  defined  in subdivision (f) of this section, if
sexually motivated and committed prior to the  effective  date  of  this
article.
  S  35.  Subparagraph  (i) of paragraph (a) of subdivision 2 of section
168-a of the correction law, as amended by chapter 405 of  the  laws  of
2008, is amended to read as follows:
  (i)  a  conviction  of or a conviction for an attempt to commit any of
the provisions of  sections  120.70,  130.20,  130.25,  130.30,  130.40,
130.45, 130.60, 230.34, 250.50, 255.25, 255.26 and 255.27 or article two
hundred  sixty-three of the penal law, or section 135.05, 135.10, 135.20
or 135.25 of such law relating  to  kidnapping  offenses,  provided  the

A. 506                             14

victim  of  such  kidnapping  or  related offense is less than seventeen
years old and the offender is not the parent of the victim,  or  section
230.04, where the person patronized is in fact less than seventeen years
of  age,  230.05  [or], 230.06, [or] 230.11, 230.12, 230.13, subdivision
two of section 230.30, [or] section 230.32 [or], 230.33,  OR  230.34  of
the penal law, OR SECTION 230.25 OF THE PENAL LAW WHERE THE PERSON PROS-
TITUTED IS IN FACT LESS THAN SEVENTEEN YEARS OLD, or
  S  36.  Paragraph  (b)  of  subdivision  1  of  section  168-d  of the
correction law, as amended by chapter 74 of the laws of 2007, is amended
to read as follows:
  (b) Where a defendant stands convicted of an offense defined in  para-
graph  (b)  of  subdivision  two of section one hundred sixty-eight-a of
this article or where the  defendant  was  convicted  of  patronizing  a
[prostitute]  PERSON  FOR PROSTITUTION in the third degree under section
230.04 of the penal law and the defendant controverts an allegation that
the victim of such offense was less than eighteen years of  age  or,  in
the  case  of  a  conviction under section 230.04 of the penal law, less
than seventeen years of age, the court, without a jury, shall, prior  to
sentencing,  conduct  a  hearing,  and the people may prove by clear and
convincing evidence that the victim was less  than  eighteen  years  [of
age]  OLD  or  less than seventeen years [of age] OLD, as applicable, by
any evidence admissible under the rules applicable to  a  trial  of  the
issue  of  guilt.  The court in addition to such admissible evidence may
also consider  reliable  hearsay  evidence  submitted  by  either  party
provided  that  it  is  relevant  to the determination of the age of the
victim. Facts concerning the age of the victim proven at trial or ascer-
tained at the time of entry of a plea of guilty shall be  deemed  estab-
lished by clear and convincing evidence and shall not be relitigated. At
the  conclusion  of the hearing, or if the defendant does not controvert
an allegation that the victim of the  offense  was  less  than  eighteen
years  [of age] OLD or less than seventeen years [of age] OLD, as appli-
cable, the court must make a finding and enter an  order  setting  forth
the  age  of  the  victim.  If  the  court finds that the victim of such
offense was under eighteen years [of age] OLD or under  seventeen  years
[of  age] OLD, as applicable, the court shall certify the defendant as a
sex offender, the provisions of paragraph (a) of this subdivision  shall
apply  and  the defendant shall register with the division in accordance
with the provisions of this article.
  S 37. Paragraph (c) of subdivision 4 of section 509-cc of the  vehicle
and  traffic  law,  as  amended  by  chapter 400 of the laws of 2011, is
amended to read as follows:
  (c) The offenses referred to in subparagraph (i) of paragraph  (b)  of
subdivision one and subparagraph (i) of paragraph (c) of subdivision two
of  this  section  that  result in disqualification for a period of five
years shall include a conviction under sections 100.10, 105.13,  115.05,
120.03,  120.04,  120.04-a,  120.05,  120.10,  120.25,  121.12,  121.13,
125.40, 125.45, 130.20, 130.25, 130.52, 130.55, 135.10, 135.55,  140.17,
140.25,  140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06, 220.09,
220.16, 220.31, 220.34, 220.60, 220.65, 221.30, 221.50, 221.55,  230.00,
230.05,  230.06, 230.11, 230.12, 230.13, 230.19, 230.20, 235.05, 235.06,
235.07, 235.21, 240.06,  245.00,  260.10,  subdivision  two  of  section
260.20  and  sections  260.25,  265.02,  265.03, 265.08, 265.09, 265.10,
265.12, 265.35 of the penal law or an attempt to commit any of the afor-
esaid offenses under section 110.00 of the penal  law,  or  any  similar
offenses  committed  under  a  former  section  of the penal law, or any
offenses committed under a former section of the penal law  which  would

A. 506                             15

constitute violations of the aforesaid sections of the penal law, or any
offenses  committed outside this state which would constitute violations
of the aforesaid sections of the penal law.
  S  38.  The vehicle and traffic law is amended by adding a new section
510-d to read as follows:
  S 510-D. SUSPENSION AND REVOCATION OF CLASS E DRIVER'S LICENSES. 1.  A
CLASS  E  DRIVER'S  LICENSE SHALL BE SUSPENDED BY THE COMMISSIONER FOR A
PERIOD OF ONE YEAR WHERE THE HOLDER  IS  CONVICTED  OF  A  VIOLATION  OF
SECTION  230.20,  230.25,  230.30, 230.32, 230.34 OR 230.40 OF THE PENAL
LAW AND THE HOLDER USED A FOR HIRE MOTOR VEHICLE TO COMMIT SUCH CRIME.
  2. A CLASS E DRIVER'S LICENSE MAY BE REVOKED BY THE COMMISSIONER  WHEN
THE HOLDER, WHO HAD HIS OR HER DRIVER'S LICENSE SUSPENDED UNDER SUBDIVI-
SION  ONE  OF  THIS SECTION WITHIN THE LAST TEN YEARS, IS CONVICTED OF A
SECOND VIOLATION OF SECTION 230.20, 230.25, 230.30,  230.32,  230.34  OR
230.40  OF THE PENAL LAW AND THE HOLDER USED A FOR HIRE MOTOR VEHICLE TO
COMMIT SUCH CRIME.
  3. ANY REVOCATION OR SUSPENSION OF A CLASS E DRIVER'S  LICENSE  ISSUED
PURSUANT TO THIS ARTICLE SHALL BE APPLICABLE ONLY TO THAT PORTION OF THE
HOLDER'S  DRIVER'S LICENSE OR PRIVILEGE WHICH PERMITS THE OPERATION OF A
MOTOR VEHICLE TRANSPORTING PASSENGERS FOR  HIRE,  AND  THE  COMMISSIONER
SHALL  IMMEDIATELY  ISSUE  A  LICENSE,  OTHER  THAN  A  CLASS E DRIVER'S
LICENSE, TO SUCH PERSON, PROVIDED THAT SUCH PERSON IS OTHERWISE ELIGIBLE
TO RECEIVE SUCH LICENSE AND FURTHER PROVIDED THAT ISSUING A  LICENSE  TO
SUCH PERSON DOES NOT CREATE A SUBSTANTIAL TRAFFIC SAFETY HAZARD.
  4.  THE  PROVISIONS  OF THIS SECTION SHALL NOT BE CONSTRUED TO PREVENT
ANY PERSON WHO HAS THE AUTHORITY TO SUSPEND OR REVOKE A LICENSE TO DRIVE
OR PRIVILEGE OF OPERATING PURSUANT TO SECTION FIVE HUNDRED TEN  OF  THIS
ARTICLE FROM EXERCISING ANY SUCH AUTHORITY.
  S  39.  Section 2324-a of the public health law, as amended by chapter
260 of the laws of 1978, is amended to read as follows:
  S 2324-a. Presumptive evidence.  For the purposes of this  title,  two
or more convictions of any person or persons had, within a period of one
year,  for  any  of  the  offenses  described in section 230.00, 230.05,
230.06, 230.08, 230.11, 230.12, 230.13, 230.20, 230.25 [or],  230.30  OR
230.32  of  the  penal law arising out of conduct engaged in at the same
real property consisting of a dwelling as that term is defined in subdi-
vision four of section four  of  the  multiple  dwelling  law  shall  be
presumptive  evidence  of  conduct  constituting use of the premises for
purposes of prostitution.
  S 40. Subdivision 2 of section 715 of the real  property  actions  and
proceedings law, as added by chapter 494 of the laws of 1976, is amended
to read as follows:
  2. For purposes of this section, two or more convictions of any person
or  persons  had,  within  a period of one year, for any of the offenses
described in section 230.00, 230.05,  230.06,  230.11,  230.12,  230.13,
230.20, 230.25, 230.30, 230.32 or 230.40 of the penal law arising out of
conduct engaged in at the same real property consisting of a dwelling as
that term is defined in subdivision four of section four of the multiple
dwelling  law  shall be presumptive evidence of conduct constituting use
of the premises for purposes of prostitution.
  S 41. Subdivision 3 of section  231  of  the  real  property  law,  as
amended  by  chapter  203  of  the  laws  of 1980, is amended to read as
follows:
  3. For the purposes of this section, two or more  convictions  of  any
person  or  persons  had,  within  a  period of one year, for any of the
offenses described in section 230.00, 230.05,  230.06,  230.11,  230.12,

A. 506                             16

230.13,  230.20, 230.25, 230.30, 230.32 or 230.40 of the penal law aris-
ing out of conduct engaged in at  the  same  premises  consisting  of  a
dwelling  as that term is defined in subdivision four of section four of
the  multiple dwelling law shall be presumptive evidence of unlawful use
of such premises and of the owners knowledge of the same.
  S 42. Subdivision 3 of section 840 of the executive law is amended  by
adding a new paragraph (f-1) to read as follows:
  (F-1)  DEVELOP,  MAINTAIN  AND  DISSEMINATE,  IN CONSULTATION WITH THE
OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE AND THE DIVISION OF CRIMI-
NAL JUSTICE SERVICES, WRITTEN POLICIES AND  PROCEDURES  REGARDING  HUMAN
TRAFFICKING VICTIMS. SUCH POLICIES AND PROCEDURES SHALL INCLUDE, BUT NOT
BE LIMITED TO THE FOLLOWING: (1) THE IDENTIFICATION OF POTENTIAL VICTIMS
OF   HUMAN   TRAFFICKING,   AS   DEFINED   UNDER  SECTION  FOUR  HUNDRED
EIGHTY-THREE-AA OF THE SOCIAL SERVICES LAW; AND (2)  INFORMATION  AND/OR
REFERRAL  TO  APPROPRIATE SOCIAL AND LEGAL SERVICES FOR VICTIMS OF HUMAN
TRAFFICKING IN ACCORDANCE WITH SECTION FOUR HUNDRED  EIGHTY-THREE-BB  OF
THE SOCIAL SERVICES LAW;
  S  43.  The  executive law is amended by adding a new section 214-d to
read as follows:
  S 214-D. HUMAN TRAFFICKING AWARENESS. THE SUPERINTENDENT, IN CONSULTA-
TION WITH THE OFFICE OF TEMPORARY  AND  DISABILITY  ASSISTANCE  AND  THE
DIVISION  OF CRIMINAL JUSTICE SERVICES, SHALL: (1) DEVELOP, MAINTAIN AND
DISSEMINATE TO ALL MEMBERS OF THE STATE POLICE, INCLUDING NEW AND VETER-
AN OFFICERS, WRITTEN  POLICIES,  PROCEDURES  AND  EDUCATIONAL  MATERIALS
RELATING  TO HUMAN TRAFFICKING VICTIMS, INCLUDING SERVICES AVAILABLE FOR
VICTIMS OF HUMAN TRAFFICKING, AS  REFERENCED  IN  SECTION  FOUR  HUNDRED
EIGHTY-THREE-BB OF THE SOCIAL SERVICES LAW; AND (2) ESTABLISH AND IMPLE-
MENT  WRITTEN PROCEDURES AND POLICIES IN THE EVENT A MEMBER OF THE DIVI-
SION OF STATE POLICE ENCOUNTERS AN INDIVIDUAL BELIEVED TO BE A VICTIM OF
HUMAN TRAFFICKING, WHICH SHALL INCLUDE,  BUT  NOT  BE  LIMITED  TO,  THE
PROVISION  OF  INFORMATION AND/OR REFERRAL TO AN APPROPRIATE PROVIDER OF
SOCIAL AND LEGAL SERVICES TO HUMAN TRAFFICKING  VICTIMS,  IN  ACCORDANCE
WITH SUCH SECTION FOUR HUNDRED EIGHTY-THREE-BB.
  S  44. Severability clause. If any clause, sentence, paragraph, subdi-
vision, section or part of this act shall be  adjudged  by  a  court  of
competent  jurisdiction  to  be invalid, such judgment shall not affect,
impair or invalidate the remainder thereof, but shall be confined in its
operation to the clause, sentence, paragraph,  subdivision,  section  or
part thereof directly involved in the controversy in which such judgment
shall  have been rendered. It is hereby declared to be the intent of the
legislature that this act would have been enacted even if  such  invalid
provisions had not been included herein.
  S  45.    Notwithstanding  the  provisions of article 5 of the general
construction law,  the  provisions  of  section  483-ee  of  the  social
services  law,  as  added  by chapter 74 of the laws of 2007, are hereby
revived and shall continue in full force and effect as  such  provisions
existed on August 31, 2013.
  S  46.  This act shall take effect on the ninetieth day after it shall
have become a law;  provided  however  that  sections  thirty-three  and
forty-five of this act shall take effect immediately.