senate Bill S5988B

2017-2018 Legislative Session

Establishes the crime of sex trafficking of a child; repealer

download bill text pdf

Sponsored By

Current Bill Status Via A6823 - Passed Senate & Assembly


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (27)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 13, 2018 returned to assembly
passed senate
3rd reading cal.1065
substituted for s5988b
Jun 13, 2018 substituted by a6823c
Jun 06, 2018 amended on third reading (t) 5988b
Jun 06, 2018 vote reconsidered - restored to third reading
Jun 05, 2018 returned to senate
recalled from assembly
May 08, 2018 referred to codes
delivered to assembly
passed senate
ordered to third reading cal.1065
committee discharged and committed to rules
Mar 20, 2018 reported and committed to finance
Jan 09, 2018 print number 5988a
Jan 09, 2018 amend (t) and recommit to codes
Jan 03, 2018 referred to codes
returned to senate
died in assembly
Jun 20, 2017 referred to codes
delivered to assembly
passed senate
ordered to third reading cal.2054
committee discharged and committed to rules
May 23, 2017 reported and committed to finance
May 09, 2017 referred to codes

Votes

view votes

May 8, 2018 - Rules committee Vote

S5988A
24
0
committee
24
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Mar 20, 2018 - Codes committee Vote

S5988A
16
0
committee
16
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Jun 20, 2017 - Rules committee Vote

S5988
24
0
committee
24
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

May 23, 2017 - Codes committee Vote

S5988
16
0
committee
16
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Co-Sponsors

S5988 - Details

See Assembly Version of this Bill:
A6823C
Law Section:
Penal Law
Laws Affected:
Amd §§70.02, 460.10, 130.91, 120.70, 230.01, add §230.34-a, Pen L; amd §168-a, Cor L; amd §§700.05, 440.10 & 420.35, CP L; amd §§447-a & 483-bb, Soc Serv L; amd §§509-cc & 510-d, V & T L; amd §§3-118, 9-131 & 14-154, NYC Ad Cd; amd §1012, Fam Ct Act; amd §10.03, Ment Hyg L; amd §2324-a, Pub Health L; amd §§621 & 631, Exec L; amd §410, Gen Bus L

S5988 - Summary

Establishes the crime of sex trafficking of a child; intentionally advances or profits from prostitution of another where such person is a child less than eighteen years old.

S5988 - Sponsor Memo

S5988 - Bill Text download pdf

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

                                  5988

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                               May 9, 2017
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in relation to establishing the crime  of
  sex  trafficking of a child and in relation to promoting prostitution;
  to amend the penal law, the correction  law,  the  criminal  procedure
  law,  the social services law, the vehicle and traffic law, the admin-
  istrative code of the city of New York,  the  civil  rights  law,  the
  family  court  act,  the mental hygiene law, the real property actions
  and proceedings law, the public health law,  the  executive  law,  the
  general  business law and the real property law, in relation to making
  technical corrections  concerning  sex  trafficking  of  a  child  and
  promoting  prostitution; and to repeal certain provisions of the penal
  law relating thereto

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

  Section  1.  The penal law is amended by adding a new section 230.34-a
to read as follows:
S 230.34-A SEX TRAFFICKING OF A CHILD.
  1. A PERSON IS GUILTY OF SEX TRAFFICKING OF A CHILD  WHEN  HE  OR  SHE
INTENTIONALLY  ADVANCES  OR  PROFITS FROM PROSTITUTION OF ANOTHER PERSON
AND SUCH OTHER PERSON IS A CHILD LESS THAN EIGHTEEN YEARS OLD. KNOWLEDGE
BY THE DEFENDANT OF THE AGE OF SUCH CHILD IS  NOT  AN  ELEMENT  OF  THIS
OFFENSE  AND  IT  IS  NOT  A  DEFENSE TO A PROSECUTION THEREFOR THAT THE
DEFENDANT DID NOT KNOW THE AGE OF THE CHILD OR BELIEVED SUCH AGE  TO  BE
THE SAME AS OR GREATER THAN THAT SPECIFIED IN THIS SECTION.
  2.  IN  ANY  PROSECUTION  UNDER THIS SECTION IN WHICH THE DEFENDANT IS
LESS THAN NINETEEN YEARS OLD, IT IS  AN  AFFIRMATIVE  DEFENSE  THAT  THE
DEFENDANT'S  PARTICIPATION  IN THE OFFENSE WAS A RESULT OF HAVING BEEN A
VICTIM OF SEX TRAFFICKING UNDER SECTION 230.34  OF  THIS  ARTICLE  OR  A
VICTIM   OF   TRAFFICKING  IN  PERSONS  UNDER  THE  TRAFFICKING  VICTIMS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09066-06-7

Co-Sponsors

view additional co-sponsors

S5988A - Details

See Assembly Version of this Bill:
A6823C
Law Section:
Penal Law
Laws Affected:
Amd §§70.02, 460.10, 130.91, 120.70, 230.01, add §230.34-a, Pen L; amd §168-a, Cor L; amd §§700.05, 440.10 & 420.35, CP L; amd §§447-a & 483-bb, Soc Serv L; amd §§509-cc & 510-d, V & T L; amd §§3-118, 9-131 & 14-154, NYC Ad Cd; amd §1012, Fam Ct Act; amd §10.03, Ment Hyg L; amd §2324-a, Pub Health L; amd §§621 & 631, Exec L; amd §410, Gen Bus L

S5988A - Summary

Establishes the crime of sex trafficking of a child; intentionally advances or profits from prostitution of another where such person is a child less than eighteen years old.

S5988A - Sponsor Memo

S5988A - Bill Text download pdf

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

                                 5988--A

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                               May 9, 2017
                               ___________

Introduced  by  Sens.  LANZA, HAMILTON, MURPHY -- read twice and ordered
  printed, and when printed to be committed to the Committee on Codes --
  recommitted to the Committee on Codes in accordance with  Senate  Rule
  6,  sec. 8 -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the penal law, in relation to establishing the crime  of
  sex  trafficking of a child and in relation to promoting prostitution;
  to amend the penal law, the correction  law,  the  criminal  procedure
  law,  the social services law, the vehicle and traffic law, the admin-
  istrative code of the city of New York,  the  family  court  act,  the
  mental  hygiene law, the public health law, the executive law, and the
  general business law, in  relation  to  making  technical  corrections
  concerning  sex trafficking of a child and promoting prostitution; and
  to repeal certain provisions of the penal law relating thereto

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

  Section  1.  The penal law is amended by adding a new section 230.34-a
to read as follows:
S 230.34-A SEX TRAFFICKING OF A CHILD.
  1. A PERSON IS GUILTY OF SEX TRAFFICKING OF A CHILD  WHEN  HE  OR  SHE
INTENTIONALLY  ADVANCES  OR  PROFITS FROM PROSTITUTION OF ANOTHER PERSON
AND SUCH OTHER PERSON IS A CHILD LESS THAN EIGHTEEN YEARS OLD. KNOWLEDGE
BY THE DEFENDANT OF THE AGE OF SUCH CHILD IS  NOT  AN  ELEMENT  OF  THIS
OFFENSE  AND  IT  IS  NOT  A  DEFENSE TO A PROSECUTION THEREFOR THAT THE
DEFENDANT DID NOT KNOW THE AGE OF THE CHILD OR BELIEVED SUCH AGE  TO  BE
THE SAME AS OR GREATER THAN THAT SPECIFIED IN THIS SECTION.
  2.  IN  ANY  PROSECUTION  UNDER THIS SECTION IN WHICH THE DEFENDANT IS
LESS THAN NINETEEN YEARS OLD, IT IS  AN  AFFIRMATIVE  DEFENSE  THAT  THE
DEFENDANT'S  PARTICIPATION  IN THE OFFENSE WAS A RESULT OF HAVING BEEN A
VICTIM OF SEX TRAFFICKING UNDER SECTION 230.34  OF  THIS  ARTICLE  OR  A
VICTIM   OF   TRAFFICKING  IN  PERSONS  UNDER  THE  TRAFFICKING  VICTIMS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09066-09-7

Co-Sponsors

view additional co-sponsors

S5988B (ACTIVE) - Details

See Assembly Version of this Bill:
A6823C
Law Section:
Penal Law
Laws Affected:
Amd §§70.02, 460.10, 130.91, 120.70, 230.01, add §230.34-a, Pen L; amd §168-a, Cor L; amd §§700.05, 440.10 & 420.35, CP L; amd §§447-a & 483-bb, Soc Serv L; amd §§509-cc & 510-d, V & T L; amd §§3-118, 9-131 & 14-154, NYC Ad Cd; amd §1012, Fam Ct Act; amd §10.03, Ment Hyg L; amd §2324-a, Pub Health L; amd §§621 & 631, Exec L; amd §410, Gen Bus L

S5988B (ACTIVE) - Summary

Establishes the crime of sex trafficking of a child; intentionally advances or profits from prostitution of another where such person is a child less than eighteen years old.

S5988B (ACTIVE) - Sponsor Memo

S5988B (ACTIVE) - Bill Text download pdf

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

                                 5988--B
    Cal. No. 1065

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                               May 9, 2017
                               ___________

Introduced  by  Sens.  LANZA, AVELLA, FUNKE, GALLIVAN, GOLDEN, HAMILTON,
  HELMING, JACOBS, KRUEGER, MURPHY -- read twice  and  ordered  printed,
  and  when  printed to be committed to the Committee on Codes -- recom-
  mitted to the Committee on Codes in accordance  with  Senate  Rule  6,
  sec.  8  --  committee  discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee -- reported  favorably  from
  said  committee and committed to the Committee on Finance -- committee
  discharged and said bill  committed  to  the  Committee  on  Rules  --
  reported  favorably  from  said committee, ordered to a third reading,
  passed by Senate and delivered to the Assembly, recalled, vote  recon-
  sidered,  restored  to  third  reading, amended and ordered reprinted,
  retaining its place in the order of third reading

AN ACT to amend the penal law, in relation to establishing the crime  of
  sex  trafficking of a child and in relation to promoting prostitution;
  to amend the penal law, the correction  law,  the  criminal  procedure
  law,  the social services law, the vehicle and traffic law, the admin-
  istrative code of the city of New York,  the  family  court  act,  the
  mental  hygiene law, the public health law, the executive law, and the
  general business law, in  relation  to  making  technical  corrections
  concerning sex trafficking of a child and promoting prostitution

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

  Section 1. The penal law is amended by adding a new  section  230.34-a
to read as follows:
S 230.34-A SEX TRAFFICKING OF A CHILD.
  1.  A  PERSON  IS GUILTY OF SEX TRAFFICKING OF A CHILD WHEN HE OR SHE,
BEING TWENTY-ONE YEARS OLD OR MORE, INTENTIONALLY  ADVANCES  OR  PROFITS
FROM PROSTITUTION OF ANOTHER PERSON AND SUCH PERSON IS A CHILD LESS THAN
EIGHTEEN  YEARS OLD. KNOWLEDGE BY THE DEFENDANT OF THE AGE OF SUCH CHILD
IS NOT AN ELEMENT OF THIS OFFENSE AND IT IS NOT A DEFENSE  TO  A  PROSE-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09066-15-8

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