S T A T E   O F   N E W   Y O R K
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                                  3223--A
                                                         Cal. No. 257
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2017
                                ___________
 
 Introduced  by  M.  of  A. LENTOL, HEVESI, O'DONNELL, BENEDETTO, JAFFEE,
   OTIS, PEOPLES-STOKES, STECK, BICHOTTE, M. G. MILLER, FAHY,  SEPULVEDA,
   PICHARDO  --  read  once  and  referred  to  the Committee on Codes --
   ordered to a third reading, amended and ordered  reprinted,  retaining
   its place on the order of third reading
 
 AN  ACT  to amend the penal law and the social services law, in relation
   to prostitution offenses and services to human trafficking victims
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 230.01 of the penal law, as added by chapter 368 of
 the laws of 2015, is amended to read as follows:
 § 230.01 Prostitution; affirmative defense.
   In  any  prosecution  under  section  230.00,  section 230.03, SECTION
 230.19, SECTION 230.20 OR SUBDIVISION TWO  OF  SECTION  230.25  OF  THIS
 ARTICLE  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).
   § 2.  Subdivision (a) of section 483-aa of the social services law, as
 added by chapter 74 of the laws of 2007, is amended and two new subdivi-
 sions (c) and (d) are added to read as follows:
   (a)  "Human  trafficking victim" means a person who is a victim of sex
 trafficking as defined in section 230.34 of the penal law, A  VICTIM  OF
 COMPELLING  PROSTITUTION  AS DEFINED IN SECTION 230.33 OF THE PENAL LAW,
 or a victim of labor trafficking as defined in  section  135.35  of  the
 penal law.
   (C) "SHORT-TERM SAFE HOUSE" MEANS A RESIDENTIAL FACILITY OPERATED BY A
 NOT-FOR-PROFIT  AGENCY  WITH  EXPERIENCE  IN PROVIDING SERVICES TO HUMAN
 TRAFFICKING VICTIMS, THAT PROVIDES EMERGENCY SHELTER, SERVICES AND  CARE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD03707-02-8

 A. 3223--A                          2
 
 TO  HUMAN TRAFFICKING VICTIMS INCLUDING FOOD, SHELTER, CLOTHING, MEDICAL
 CARE,  COUNSELING  AND  APPROPRIATE  CRISIS  INTERVENTION  SERVICES  AND
 PROMOTES A SAFE LIVING ENVIRONMENT.
   (D)  "LONG-TERM SAFE HOUSE" MEANS A RESIDENTIAL FACILITY OPERATED BY A
 NOT-FOR-PROFIT AGENCY WITH EXPERIENCE IN  PROVIDING  SERVICES  TO  HUMAN
 TRAFFICKING VICTIMS, THAT PROVIDES SHELTER FOR HUMAN TRAFFICKING VICTIMS
 AND  PROMOTES  A  SAFE LIVING ENVIRONMENT. IN ADDITION, A LONG-TERM SAFE
 HOUSE SHALL PROVIDE OR ASSIST WITH SECURING NECESSARY SERVICES FOR  SUCH
 HUMAN TRAFFICKING VICTIM EITHER THROUGH DIRECT PROVISION OF SERVICES, OR
 THROUGH  WRITTEN AGREEMENTS WITH OTHER COMMUNITY AND PUBLIC AGENCIES FOR
 THE PROVISION OF SERVICES INCLUDING BUT NOT LIMITED TO HOUSING,  ASSESS-
 MENT,  CASE MANAGEMENT, MEDICAL CARE, LEGAL, MENTAL HEALTH AND SUBSTANCE
 AND ALCOHOL ABUSE SERVICES.  SUCH  SAFE  HOUSE,  IN  ACCORDANCE  WITH  A
 SERVICE PLAN FOR SUCH HUMAN TRAFFICKING VICTIM, SHALL ALSO PROVIDE COUN-
 SELING  AND  THERAPEUTIC  SERVICES,  EDUCATIONAL SERVICES INCLUDING LIFE
 SKILLS SERVICES, JOB TRAINING AND PLACEMENT  AND  PLANNING  SERVICES  TO
 SUCCESSFULLY TRANSITION SUCH PERSON BACK INTO THE COMMUNITY.
   § 3. Subdivisions (a) and (b) of section 483-bb of the social services
 law,  as added by chapter 74 of the laws of 2007, are amended to read as
 follows:
   (a) The office of temporary  and  disability  assistance  [may]  SHALL
 coordinate  with and assist law enforcement agencies and district attor-
 ney's offices to  access  appropriate  services  for  human  trafficking
 victims.
   (b)  [In  providing  such assistance, the] THE office of temporary and
 disability assistance  may  enter  into  contracts  with  non-government
 organizations for providing services to [pre-certified] victims of human
 trafficking  as defined in subdivision [(b)] (A) of section four hundred
 eighty-three-aa of this article, [insofar as  funds  are  available  for
 that  purpose]  SUBJECT  TO  AVAILABLE  FUNDS. Such services [may] SHALL
 include, but are not limited to, case  management,  emergency  temporary
 housing, health care, mental health counseling, drug addiction screening
 and treatment, language interpretation and translation services, English
 language  instruction,  job  training and placement assistance, post-em-
 ployment services for job retention, and services to assist the individ-
 ual and any of his or her family members to establish a permanent  resi-
 dence  in New York state or the United States.  SUCH SERVICES SHALL ALSO
 INCLUDE APPROPRIATE VOLUNTARY PLACEMENT IN A SHORT-TERM AND/OR LONG-TERM
 SAFE HOUSE, AS SUCH TERMS ARE DEFINED UNDER SUBDIVISION (C)  OR  (D)  OF
 SECTION  FOUR  HUNDRED  EIGHTY-THREE-AA OF THIS ARTICLE.  PLACEMENT IN A
 SAFE HOUSE SHALL BE AVAILABLE FROM THE INITIAL POINT OF CONTACT  BETWEEN
 THE HUMAN TRAFFICKING VICTIM AND ANY OF THE FOLLOWING:  LAW ENFORCEMENT;
 A  LOCAL SOCIAL SERVICES DISTRICT; OR A SOCIAL OR LEGAL SERVICES PROVID-
 ER.  NOTHING IN THIS ARTICLE SHALL PREVENT PLACEMENT IN A SAFE HOUSE  OF
 A  HUMAN  TRAFFICKING VICTIM WHO IS:  (1) INVOLVED IN A PROCEEDING WHICH
 HAS NOT REACHED FINAL DISPOSITION, FOR THE DURATION OF SUCH  PROCEEDING;
 (2)  NOT  INVOLVED  IN  A  PENDING PROCEEDING; OR (3) PARTICIPATING IN A
 PROGRAM FOR VICTIMS OF DOMESTIC VIOLENCE AND HAS BEEN  IDENTIFIED  AS  A
 VICTIM  OF  HUMAN  TRAFFICKING.  Nothing in this [section] ARTICLE shall
 preclude the office of temporary and disability assistance, or any local
 social services district, from providing human trafficking  victims  who
 are  United  States  citizens  or human trafficking victims who meet the
 criteria pursuant to section one hundred twenty-two of this chapter with
 any benefits or services for which they otherwise may be eligible.
   § 4. Section 483-cc of the social services law is amended by adding  a
 new subdivision (c) to read as follows:

 A. 3223--A                          3
 
   (C) PROMPTLY UPON AN ENCOUNTER WITH A PERSON WHO REASONABLY APPEARS TO
 A  LAW  ENFORCEMENT  AGENCY  OR DISTRICT ATTORNEY'S OFFICE TO BE A HUMAN
 TRAFFICKING VICTIM, OR A PERSON WHO IDENTIFIES HIMSELF OR HERSELF  AS  A
 HUMAN TRAFFICKING VICTIM, SUCH LAW ENFORCEMENT AGENCY OR DISTRICT ATTOR-
 NEY'S  OFFICE  SHALL  ADVISE  SUCH  PERSON  OF  THE  AVAILABILITY OF THE
 SERVICES OF SPECIFIC, ESTABLISHED PROVIDERS OF SOCIAL AND LEGAL SERVICES
 TO HUMAN TRAFFICKING VICTIMS. UNLESS, AFTER RECEIVING SUCH  ADVICE,  THE
 APPARENT VICTIM EXPRESSES THAT HE OR SHE DOES NOT WISH THE PRESENCE OF A
 REPRESENTATIVE  OF  SUCH  AN  ESTABLISHED  PROVIDER  OF  SOCIAL OR LEGAL
 SERVICES, THE LAW ENFORCEMENT AGENCY OR DISTRICT ATTORNEY'S OFFICE SHALL
 CONTACT THE APPROPRIATE PROVIDER AND REQUEST THAT  A  REPRESENTATIVE  BE
 PROVIDED.  IF  THE  APPARENT VICTIM DOES NOT WISH THE PRESENCE OF SUCH A
 REPRESENTATIVE, THAT EXPRESSION BY THE APPARENT VICTIM  SHALL  BE  DOCU-
 MENTED  BY  THE  AGENCY  OR OFFICE OFFICIAL IN WRITING OR OTHER RECORDED
 FORM. NOTHING IN THIS SUBDIVISION SHALL AFFECT ANY OBLIGATION  SUCH  LAW
 ENFORCEMENT AGENCY OR DISTRICT ATTORNEY'S OFFICE MAY HAVE TO PROVIDE ANY
 INFORMATION OR ASSISTANCE TO SUCH PERSON.
   § 5. This act shall take effect immediately; provided that section one
 of  this act shall apply to all cases pending on or after such effective
 date; provided, further, that sections two and three of this  act  shall
 take  effect  April 1, 2019; and provided, further, that section four of
 this act shall take effect on the ninetieth  day  after  it  shall  have
 become a law.