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