The New York State Senate

                    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.