NY State Senate Bill S5988A

Archive: Last Bill Status Via A6823 - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (29)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 15, 2018	signed chap.189
Aug 13, 2018	delivered to governor
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

Bill Amendments

Original

B (Active)

Original

B (Active)

Co-Sponsors

S5988 - Details

Law Section:: Penal Law
Laws Affected:: Amd §§70.02, 460.10, 130.91, 120.70, 230.01, add §230.34-a, rpld §230.33, 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

 BILL NUMBER:  S5988

 TITLE OF BILL :  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 administrative 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

 PURPOSE :

To establish the crime of sex trafficking of a child

 SUMMARY OF PROVISIONS :

Section 1 amends the penal law by adding a new section 230.34-a to
provide that 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.  The
section provides further that in any prosecution under section
230.34-a 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 protection act (United States Code,
Title 22, Chapter 78) at the time of the instant offense. Sex
trafficking of a child is a class B felony.

Section 2 amends section 230.30 of the penal law, as amended by
chapter 368 of the laws of 2015, to delete subdivision 2 as a ground
for the offense of promoting prostitution in the second degree,
advancing or profiting from prostitution of a person less than 18.

Section 3 provides for the repeal of sections 230.32 and 230.33 of the
penal law.

Section 4 amends paragraph (a) of subdivision 1 of section 70.02 of
the penal law, as amended by chapter 368 of the laws of 2015, to add
as a class B violent felony offense, sex trafficking of a child as
defined in section 230.34-a.

Section 5 amends paragraph (a) of subdivision 1 of section 70.02 of
the penal law, as amended by chapter 368 of the laws of 2015, to add
to the list of felonies constituting a criminal act under article 460
of the penal law sex trafficking of a child as defined in section
230.34-a.

Sections 6 through 32 provide for technical corrections to the penal
law, the correction law, the criminal procedure law, the social
services law, the vehicle and traffic law, the administrative 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 connection with sex trafficking of a child and
the repeal of sections 230.32 and 230.33 of the penal law as provided
in this act.

Section 33 provides the effective date.

 JUSTIFICATION :

Since 2007, New York State has taken significant steps to hold both
sex and labor traffickers accountable. In 2015, New York strengthened
its criminal justice response to trafficking with the Trafficking
Victims Protection and Justice Act ("TVPJA," Ch. 368 of 2015),
comprehensive legislation that increases accountability of
traffickers, patronizers and other exploiters, while providing
necessary protection to victims.

Although we have enacted legislation to ensure that those who
devastate the lives of children by promoting them in the sex
trafficking industry are held accountable, the law must go further to
hold these traffickers accountable just as they are under federal law.

Under federal law, the crime of sex trafficking is made when a sexual
act is induced by force, fraud or coercion, or when the person induced
to perform such act is under 18. Accordingly, a prosecutor need not
articulate or prove force, fraud or coercion to prosecute a trafficker
who exploits a child under 18. Instead, under federal law, any child
under the age of 18 who engages in commercial sex is considered a
victim of sex trafficking and any person who promotes and benefits
from exploiting such child is considered a sex trafficker.

Under New York law, however, the prosecution must prove that a person
used force, fraud or coercion to find such person guilty of sex
trafficking, even if the child is under 18.

Last year, Manhattan District Attorney Cyrus Vance, Jr. in announcing
the conviction of an operator of a sex trafficking ring, which
included the prostitution of a 15-year old, on Super Bowl weekend in
2014, called on the Legislature to amend our penal code. "In 46 states
across the country, simply proving that a child was sold for sex would
have been proof of Sex Trafficking. In New York, however, even though
this 15-year-old was too young to legally engage in sexual activity
with grown men, my Office still had to prove that she was forced to do
so by the defendant under the threat of violence to secure this
conviction."

Prosecutors, advocates and service providers see the restrictions the
law imposes on a frequent basis. Another case is illustrative.

Fourteen-year old Jennifer was lured into prostitution by her 40-year
old boyfriend, Mac. For months Jennifer was sold online for sex and
was required to make a quota set by Mac. Although Mac deceived
Jennifer repeatedly and at times used force to ensure Jennifer's
obedience, Jennifer believed that Mac loved her and refused to testify
against Mac. This refusal to accept that they are being victimized by
an older exploiter is especially common with victims of human
trafficking as they are often traumatically bonded to their exploiter,
who can alternate between acts of affection and violence.

Under federal law, prosecutors could bring an action for sex
trafficking against Mac based on the fact that Jennifer is under 18,
without a showing of force, fraud or coercion. In New York, however, a
prosecutor would be required to prove that Mac used force, fraud or
coercion in order for the court to find Mac guilty of sex trafficking.
Requiring such proof most often obligates a victim to testify against
her trafficker. Yet requiring anyone, especially a minor, to testify
against her trafficker can retraumatize an already highly traumatized
victim. Moreover, a minor may be unwilling to testify against her
trafficker because she is convinced she is in love with him. And if
she does testify, she may state that she engaged in sex out of love
for her trafficker, not by force, fraud or coercion. If the minor does
not testify against her trafficker, no case can be made. The child
returns to her trafficker, with the trafficker free to continue his
commercial sexual exploitation of the child.

When we passed and had signed into law the TVPJA and legislation to
treat 16-and 17-year olds as Persons in Need of Supervision (Ch. 555
of 2013, Ch. 402 of 2014), we reaffirmed our conviction that
prostituted individuals under the age of 18 are sexually exploited
youth. And in our statutory rape laws we have long recognized the fact
that children do not have the legal, psychological, or emotional
capacity to consent to sexual activity. This principle should not be
discarded merely because there is an exchange of money.

By amending the Penal Law to create the offense of sex trafficking of
a child, we will eliminate the need to prove force, fraud or coercion
where a child under 18 engages in commercial sex, and will align the
Penal Law with the Family Court Act, which creates a presumption that
a minor charged with prostitution is a sex trafficking victim.
Federal law, the Federal Trafficking Victims Protection Act, already
establishes that all prostituted children are trafficking victims.
The bill provides an affirmative defense for persons under age 19
where such person's participation in the offense was a result of
having been a victim of sex trafficking under New York or federal law.
In this way, we will not criminalize a sex trafficking victim who has
been compelled by her trafficker to assume a role, such as answering
phone calls, relaying messages, looking after younger sex trafficking
victims, that she would not have assumed had she not been a sex
trafficking victim.

Eliminating proof of the elements of force, fraud or coercion in cases
of children under 18 will enable us to hold those who should be held
accountable - the individuals who enslave these children for
commercial sex -- and help these young girls and boys escape their
lives of abuse and exploitation at the hands of their predatory
traffickers.

 LEGISLATIVE HISTORY :

2016: Similar to S.6894 - Passed Senate / A.9453 - Referred to Codes.

 FISCAL IMPLICATIONS :

None to the State.

 EFFECTIVE DATE :
This act shall take effect on the ninetieth day after it shall have
become a law.

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:
§ 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

S. 5988                             2

PROTECTION ACT (UNITED STATES CODE, TITLE 22, CHAPTER 78) AT THE TIME OF
THE INSTANT OFFENSE.
  SEX TRAFFICKING OF A CHILD IS A CLASS B FELONY.
  § 2. Section 230.30 of the penal law, as amended by chapter 368 of the
laws of 2015, is amended to read as follows:
§ 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] ADVANCES prostitution by compelling a person by force or
intimidation to engage in prostitution, or profits  from  such  coercive
conduct by another[; or
  2.  Advances  or profits from prostitution of a person less than eigh-
teen years old].
  Promoting prostitution in the second degree is a class C felony.
  § 3. Sections 230.32 and 230.33 of the penal law are REPEALED.
  § 4. Paragraph (a) of subdivision 1 of section 70.02 of the penal law,
as amended by chapter 368 of the laws of 2015, is  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,  SEX  TRAFFICKING  OF A CHILD AS
DEFINED IN SECTION 230.34-A, 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.
  §  5.  Paragraph  (a)  of subdivision 1 of section 460.10 of the penal
law, as amended by chapter 368 of the laws of 2015, 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; sections 135.35 and 135.37 relating to
labor trafficking; section 135.65 relating to coercion; sections 140.20,

S. 5988                             3

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 criminal possession of
stolen property; sections 165.72 and 165.73 relating to trademark  coun-
terfeiting;  sections 170.10, 170.15, 170.25, 170.30, 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[,]  AND
230.30[,  and 230.32] relating to promoting prostitution; section 230.34
relating to sex trafficking; SECTION 230.34-A RELATING TO SEX  TRAFFICK-
ING  OF  A CHILD; 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 dangerous 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  unauthorized  recordings;  and  sections
470.05, 470.10, 470.15 and 470.20 relating to money laundering; or
  §  6.  Subdivision  4 of section 60.05 of the penal law, as amended by
chapter 738 of the laws of 2004, is amended to read as follows:
  4. Certain class C felonies. Except as provided  in  subdivision  six,
every person convicted of a class C violent felony offense as defined in
subdivision  one  of  section  70.02 of this title, must be sentenced to
imprisonment in accordance with section 70.02 of this title; and, except
as provided in subdivision six of this section, every  person  convicted
of  the  class C felonies of: attempt to commit any of the class B felo-
nies of bribery in the first degree as defined in section 200.04,  bribe
receiving  in  the first degree as defined in section 200.12, conspiracy
in the second degree as defined in section 105.15 and criminal  mischief
in  the first degree as defined in section 145.12; criminal usury in the
first degree as defined in section 190.42, rewarding official misconduct
in the first degree as defined in section 200.22, receiving  reward  for
official  misconduct  in  the first degree as defined in section 200.27,
[attempt to promote prostitution in  the  first  degree  as  defined  in
section  230.32,] promoting prostitution in the second degree as defined
in section 230.30, arson in the  third  degree  as  defined  in  section
150.10  of this chapter, must be sentenced to imprisonment in accordance
with section 70.00 of this title.
  § 7. Subdivision 2 of section 130.91 of the penal law, as  amended  by
chapter 405 of the laws of 2010, is amended to read as follows:

S. 5988                             4

  2.  A  "specified  offense"  is a felony offense defined by any of the
following provisions of this chapter: assault in the  second  degree  as
defined  in  section  120.05,  assault in the first degree as defined in
section 120.10, gang assault in the second degree as defined in  section
120.06,  gang  assault in the first degree as defined in section 120.07,
stalking in the first degree as defined in section 120.60, strangulation
in the second degree as defined in section 121.12, strangulation in  the
first  degree  as  defined in section 121.13, manslaughter in the second
degree as defined in subdivision one of section 125.15, manslaughter  in
the  first  degree  as  defined  in section 125.20, murder in the second
degree as defined in section 125.25, aggravated  murder  as  defined  in
section 125.26, murder in the first degree as defined in section 125.27,
kidnapping in the second degree as defined in section 135.20, kidnapping
in  the first degree as defined in section 135.25, burglary in the third
degree as defined in section 140.20, burglary in the  second  degree  as
defined  in  section  140.25, burglary in the first degree as defined in
section 140.30, arson in the second degree as defined in section 150.15,
arson in the first degree as defined in section 150.20, robbery  in  the
third  degree as defined in section 160.05, robbery in the second degree
as defined in section 160.10, robbery in the first degree as defined  in
section  160.15,  promoting prostitution in the second degree as defined
in section 230.30,  [promoting  prostitution  in  the  first  degree  as
defined in section 230.32, compelling prostitution as defined in section
230.33,]  SEX  TRAFFICKING  OF  A  CHILD AS DEFINED IN SECTION 230.34-A,
disseminating indecent material to minors in the first degree as defined
in section 235.22, use of a child in a sexual performance as defined  in
section  263.05,  promoting  an obscene sexual performance by a child as
defined in section 263.10, promoting a sexual performance by a child  as
defined in section 263.15, or any felony attempt or conspiracy to commit
any of the foregoing offenses.
  §  8.  Subdivision  1  of section 120.70 of the penal law, as added by
chapter 405 of the laws of 2008, is amended to read as follows:
  1. A person is guilty of luring a child when he or she lures  a  child
into  a motor vehicle, aircraft, watercraft, isolated area, building, or
part thereof, for the purpose of committing against such  child  any  of
the  following  offenses: an offense as defined in section 70.02 of this
chapter; an offense as defined in section 125.25 or 125.27 of this chap-
ter; a felony offense that is a violation of article one hundred  thirty
of  this  chapter; an offense as defined in section 135.25 of this chap-
ter; an offense as defined in sections 230.30,  [230.33  or]  230.34  OR
230.34-A  of  this  chapter;  an  offense as defined in sections 255.25,
255.26, or 255.27 of this chapter; or an offense as defined in  sections
263.05, 263.10, or 263.15 of this chapter. For purposes of this subdivi-
sion "child" means a person less than seventeen years of age. Nothing in
this  section  shall  be deemed to preclude, if the evidence warrants, a
conviction for the commission or  attempted  commission  of  any  crime,
including  but  not  limited  to  a crime defined in article one hundred
thirty-five of this chapter.
  § 9. 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 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, A VICTIM OF SEX

S. 5988                             5

TRAFFICKING OF A CHILD UNDER SECTION  230.34-A  OF  THIS  ARTICLE  or  a
victim   of   trafficking  in  persons  under  the  trafficking  victims
protection act (United States Code, Title 22, Chapter 78).
  §  10.  Subparagraph  (i) of paragraph (a) of subdivision 2 of section
168-a of the correction law, as amended by chapter 368 of  the  laws  of
2015, 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, 230.34-A, 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 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 seven-
teen years of age, 230.05, 230.06, 230.11, 230.12,  230.13,  subdivision
two  of section 230.30, section [230.32, 230.33, or] 230.34 of the penal
law, or section 230.25 of the penal law where the person prostituted  is
in fact less than seventeen years old, or
  § 11. Paragraphs (b) and (h) of subdivision 8 of section 700.05 of the
criminal  procedure  law, as amended by chapter 368 of the laws of 2015,
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
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

S. 5988                             6

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
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

S. 5988                             7

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, SEX TRAFFICKING OF A CHILD AS DEFINED
IN SECTION 230.34-A 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;
  §  12.  Subdivision 6 of section 380.50 of the criminal procedure law,
as separately amended by chapters 368 and 394 of the laws  of  2015,  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, OR 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, prepared and
distributed  by  the  commissioner  of  the division of criminal justice
services, in consultation with the director  of  the  office  of  victim
services,  on  which  the 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.
  § 12-a. Paragraph (i) of subdivision 1 of section 440.10 of the crimi-
nal  procedure  law,  as  amended by chapter 368 of the laws of 2015, 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 person for prostitution or promoting  pros-
titution)  or  230.00 (prostitution) or 230.03 (prostitution in a school
zone) of the penal law, and the defendant's participation in the offense

S. 5988                             8

was a result of having been a victim of sex  trafficking  under  section
230.34  of  the  penal  law,  SEX  TRAFFICKING  OF A CHILD UNDER SECTION
230.34-A 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
  §  13.  Subdivision 2 of section 420.35 of the criminal procedure law,
as amended by chapter 426 of the laws of 2015, is  amended  to  read  as
follows:
  2.  Under no circumstances shall the mandatory surcharge, sex offender
registration fee, DNA databank fee or the crime victim assistance fee be
waived provided, however, that  a  court  may  waive  the  crime  victim
assistance  fee  if  such  defendant  is an eligible youth as defined in
subdivision two of section 720.10 of this chapter, and the imposition of
such fee would work an unreasonable hardship on the  defendant,  his  or
her  immediate  family,  or  any  other  person who is dependent on such
defendant for financial support.  A  court  shall  waive  any  mandatory
surcharge,  DNA  databank  fee and crime victim assistance fee when: (i)
the defendant is convicted of loitering for the purpose of  engaging  in
prostitution  under  section  240.37 of the penal law (provided that the
defendant was not convicted of loitering for the purpose of  patronizing
a person for prostitution); (ii) the defendant is convicted of prostitu-
tion  under  section  230.00  of  the  penal law; (iii) the defendant is
convicted of a violation in the event such conviction is in  lieu  of  a
plea to or conviction for loitering for the purpose of engaging in pros-
titution  under  section  240.37  of  the  penal  law (provided that the
defendant was not alleged to be loitering for the purpose of patronizing
a person for prostitution) or prostitution under section 230.00  of  the
penal  law;  or (iv) the court finds that a defendant is a victim of sex
trafficking under section 230.34 of the penal law or a victim  of  traf-
ficking  in persons under the trafficking victims protection act (United
States Code, Title 22, Chapter 78); OR (V)  THE  COURT  FINDS  THAT  THE
DEFENDANT  IS  A  VICTIM  OF  SEX  TRAFFICKING  OF A CHILD UNDER SECTION
230.34-A OF THE PENAL LAW.
  § 14. Subdivision 3 of section 427-a of the social  services  law,  as
added by chapter 452 of the laws of 2007, is amended to read as follows:
  3.  The  criteria  for  determining  which  cases may be placed in the
assessment track shall be determined by the local department  of  social
services, in conjunction with the office of children and family services
and  after  consultation  with the office for the prevention of domestic
violence. Provided, however, that reports including any of the following
allegations shall not be included in the assessment track of a differen-
tial response program:
  (a) reports alleging that the  subject  committed  or  allowed  to  be
committed  an offense defined in article one hundred thirty of the penal
law;
  (b) reports alleging that the subject allowed, permitted or encouraged
a child to engage in any act described in sections 230.25[,] AND  230.30
[and 230.32] of the penal law;
  (c)  reports  alleging  that  the  subject  committed  any of the acts
described in section 255.25, 255.26 or 255.27 of the penal law;
  (d) reports alleging that the subject allowed a  child  to  engage  in
acts  or  conduct  described  in  article two hundred sixty-three of the
penal law;

S. 5988                             9

  (e) reports alleging that the subject committed assault in the  first,
second or third degree against a child;
  (f) reports alleging that the subject committed or attempted to commit
murder or manslaughter in the first or second degree;
  (g)  reports  alleging  that the subject abandoned a child pursuant to
subdivision five of section three hundred eighty-four-b of this article;
  (h) reports alleging that the subject has subjected a child to  severe
or  repeated  abuse as those terms are defined in paragraphs (a) and (b)
of subdivision eight of section  three  hundred  eighty-four-b  of  this
article; and
  (i)  reports  alleging that the subject has neglected a child so as to
substantially endanger the child's physical or mental health,  including
a  growth delay, which may be referred to as failure to thrive, that has
been diagnosed by a physician and is due to parental neglect.
  § 15. Subdivision 1 of section 447-a of the social  services  law,  as
amended  by  section  1  of part G of chapter 58 of the laws of 2010, is
amended to read as follows:
  1. The term "sexually exploited child" means any person under the  age
of  eighteen  who  has been subject to sexual exploitation because he or
she:
  (a) is the victim of the  crime  of  sex  trafficking  as  defined  in
section  230.34  of  the  penal law OR THE CRIME OF SEX TRAFFICKING OF A
CHILD AS DEFINED IN SECTION 230.34-A OF THE PENAL LAW;
  (b) engages in any act as defined in section 230.00 of the penal law;
  (c) [is a victim of the crime of compelling prostitution as defined in
section 230.33 of the penal law;
  (d)] engages in acts or  conduct  described  in  article  two  hundred
sixty-three or section 240.37 of the penal law.
  § 16. Subdivision (c) of section 483-bb of the social services law, as
added by chapter 368 of the laws of 2015, is amended to read as follows:
  (c) An individual who is a victim of the conduct prohibited by section
[230.33,]  230.34, 230.34-A, 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,
230.34-A,  135.35  or  135.37  of  the  penal law to recover damages and
reasonable attorney's fees.
  § 17. Paragraph (a) 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:
  (a) The offenses referred to in subparagraph (ii) of paragraph (a)  of
subdivision  one  and  paragraph  (a) of subdivision two of this section
that result in permanent disqualification  shall  include  a  conviction
under  sections  125.12, 125.13, 125.14, 125.15, 125.20, 125.21, 125.22,
125.25, 125.26, 125.27, 130.30, 130.35, 130.45, 130.50, 130.65,  130.66,
130.67,  130.70, 130.75, 130.80, 130.90, 130.95, 130.96, 135.25, 150.20,
230.30, [230.32,] 230.34,  230.34-A,  235.22,  263.05,  263.10,  263.11,
263.15, 263.16 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 offenses
committed under a former section of the penal law which would 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.
  § 18. Subdivisions 1 and 2 of section 510-d of the vehicle and traffic
law, as added by chapter 368 of the laws of 2015, are amended to read as
follows:

S. 5988                            10

  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, 230.34-A 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,
230.34-A or 230.40 of the penal law and the holder used a for hire motor
vehicle to commit such crime.
  § 19. Subdivision a of section 3-118 of the administrative code of the
city of New York, as added by local law number 39 of  the  city  of  New
York for the year 2016, is amended to read as follows:
  a.  For  the  purposes  of  this section, the following terms have the
following meanings:
  Homeless youth. The term "homeless youth" means persons under the  age
of  21  who  are  in need of services and are without a place of shelter
where supervision and care are available.
  Runaway youth. The term "runaway youth" means persons under the age of
18 years who are absent from their legal residence without  the  consent
of their parent, legal guardian or custodian.
  Sexually  exploited  youth.  The term "sexually exploited youth" means
persons under the age of 18 who have been subject to sexual exploitation
because they (a) are the victim of  the  crime  of  sex  trafficking  as
defined  in  section  230.34  of the penal law; (b) engage in any act as
defined in section 230.00 of the penal law; (c) [are  a  victim  of  the
crime  of  compelling  prostitution  as defined in section 230.33 of the
penal law] ARE A VICTIM OF THE CRIME OF SEX TRAFFICKING OF  A  CHILD  AS
DEFINED  IN  SECTION 230.34-A OF THE PENAL LAW; or (d) engage in acts or
conduct described in article 263 or section 240.37 of the penal law. The
term shall also mean persons under the age of 18 who have  been  subject
to incest in the third degree, second degree or first degree, as defined
in  sections  255.25, 255.26, and 255.27 of the penal law, respectively,
or any of the sex offenses enumerated in article 130 of the penal law.
  § 20. Subparagraph i of paragraph 7 of subdivision a of section  9-131
of  the  administrative  code of the city of New York, as added by local
law number 58 of the city of New York for the year 2014, is  amended  to
read as follows:
  i. a felony defined in any of the following sections of the penal law:
120.01,  120.02,  120.03,  120.04,  120.04-a(4), 120.05, 120.06, 120.07,
120.08, 120.09, 120.10, 120.11, 120.12, 120.13, 120.18, 120.25,  120.55,
120.60,  120.70, 121.12, 121.13, 125.10, 125.11, 125.12, 125.13, 125.14,
125.15, 125.20, 125.21, 125.22, 125.25, 125.26, 125.27, 125.40,  125.45,
130.25,   130.30,   130.35,  130.40,  130.45,  130.50,  130.53,  130.65,
130.65-a,  130.66,  130.67,  130.70,  130.75,  130.80,  130.85,  130.90,
130.95,  130.96,  135.10,  135.20, 135.25, 135.35, 135.50, 135.65(2)(b),
140.17, 140.25, 140.30, 145.12, 150.05, 150.10, 150.15, 150.20,  160.05,
160.10,  160.15, 195.07, 195.08, 195.17, 215.11, 215.12, 215.13, 215.15,
215.16, 215.17, 215.51, 215.52, 220.18, 220.21, 220.28, 220.41,  220.43,
220.44,  220.48,  220.77,  230.05,  230.06,  230.19,  230.25(2), 230.30,
[230.32, 230.33,] 230.34,  230.34-A,  235.22,  240.06,  240.55,  240.60,
240.61,  240.62, 240.63, 240.75, 241.05, 255.26, 255.27, 260.25, 260.32,
260.34,  263.05,  263.10,  263.11,  263.15,  263.16,  263.30,  265.01-a,
265.01-b, 265.02(2) through (8), 265.03, 265.04, 265.08, 265.09, 265.10,
265.11,  265.12,  265.13,  265.14,  265.16,  265.17,  265.19, 265.35(2),

S. 5988                            11

270.30, 270.35,  405.16(1),  405.18,  460.22,  470.21,  470.22,  470.23,
470.24,  490.10, 490.15, 490.20, 490.25, 490.30, 490.35, 490.37, 490.40,
490.45, 490.47, 490.50, or 490.55;
  § 21. Subparagraph i of paragraph 6 of subdivision a of section 14-154
of  the  administrative  code of the city of New York, as added by local
law number 59 of the city of New York for the year 2014, is  amended  to
read as follows:
  i. a felony defined in any of the following sections of the penal law:
120.01,  120.02,  120.03,  120.04,  120.04-a(4), 120.05, 120.06, 120.07,
120.08, 120.09, 120.10, 120.11, 120.12, 120.13, 120.18, 120.25,  120.55,
120.60,  120.70, 121.12, 121.13, 125.10, 125.11, 125.12, 125.13, 125.14,
125.15, 125.20, 125.21, 125.22, 125.25, 125.26, 125.27, 125.40,  125.45,
130.25,   130.30,   130.35,  130.40,  130.45,  130.50,  130.53,  130.65,
130.65-a,  130.66,  130.67,  130.70,  130.75,  130.80,  130.85,  130.90,
130.95,  130.96,  135.10,  135.20, 135.25, 135.35, 135.50, 135.65(2)(b),
140.17, 140.25, 140.30, 145.12, 150.05, 150.10, 150.15, 150.20,  160.05,
160.10,  160.15, 195.07, 195.08, 195.17, 215.11, 215.12, 215.13, 215.15,
215.16, 215.17, 215.51, 215.52, 220.18, 220.21, 220.28, 220.41,  220.43,
220.44,  220.48,  220.77,  230.05,  230.06,  230.19,  230.25(2), 230.30,
[230.32, 230.33,] 230.34,  230.34-A,  235.22,  240.06,  240.55,  240.60,
240.61,  240.62, 240.63, 240.75, 241.05, 255.26, 255.27, 260.25, 260.32,
260.34,  263.05,  263.10,  263.11,  263.15,  263.16,  263.30,  265.01-a,
265.01-b,  265.02  (2)  through  (8),  265.03,  265.04,  265.08, 265.09,
265.10,  265.11,  265.12,  265.13,  265.14,  265.16,   265.17,   265.19,
265.35(2),  270.30,  270.35,  405.16(l), 405.18, 460.22, 470.21, 470.22,
470.23, 470.24, 490.10, 490.15, 490.20, 490.25, 490.30, 490.35,  490.37,
490.40, 490.45, 490.47, 490.50, or 490.55;
  §  22. Subdivision 2 of section 61 of the civil rights law, as amended
by section 54 of subpart B of part C of chapter 62 of the laws of  2011,
is amended to read as follows:
  2.  If  the petitioner stands convicted of 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,
OR subdivision two of section  230.30  [or  230.32],  and  is  currently
confined  as  an  inmate in any correctional facility or currently under
the supervision of the department of corrections  and  community  super-
vision  or a county probation department as a result of such conviction,
the  petition  shall  for  each  such  conviction  specify  such  felony
conviction, the date of such conviction or convictions, and the court in
which such conviction or convictions were entered.
  §  23. Subdivision 2 of section 62 of the civil rights law, as amended
by section 55 of subpart B of part C of chapter 62 of the laws of  2011,
is amended to read as follows:
  2.  If  the  petition  be  to  change  the  name of a person currently
confined as an inmate in any correctional facility  or  currently  under
the  supervision  of  the department of corrections and community super-
vision or a county probation department as a result of a conviction  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,  OR  subdivision  two  of  section  230.30  [or
230.32],  notice  of the time and place when and where the petition will
be presented shall be served, in like manner as a  notice  of  a  motion

S. 5988                            12

upon an attorney in an action, upon the district attorney of every coun-
ty  in  which such person has been convicted of such felony and upon the
court or courts in which the  sentence  for  such  felony  was  entered.
Unless  a  shorter  period  of time is ordered by the court, said notice
shall be served upon each such district attorney and court or courts not
less than sixty days prior to the date on which such petition is noticed
to be heard.
  § 24. The closing paragraph of section 64 of the civil rights law,  as
separately  amended by chapters 258, 320 and 481 of the laws of 2006, is
amended to read as follows:
  Upon compliance with the order and the filing of the affidavit of  the
publication,  as  provided  in  this  section, the clerk of the court in
which the order has been entered shall certify that the order  has  been
complied  with;  and,  if the petition states that the petitioner stands
convicted of 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,  OR  subdivision  two  of
section 230.30 [or 230.32], such clerk (1) shall deliver, by first class
mail, a copy of such certified order to the division of criminal justice
services at its office in the county of Albany and (2) upon the clerk of
the  court  reviewing  the  petitioner's application for name change and
subsequent in-court inquiry, may, in the clerk's discretion, deliver, by
first class mail, the petitioner's new name with such certified order to
the court of competent jurisdiction which imposed the orders of support.
Such certification shall appear on the original order and on any  certi-
fied  copy  thereof  and  shall be entered in the clerk's minutes of the
proceeding.
  § 25. Paragraph (iii) of subdivision (e) of section 1012 of the family
court act, as amended by section 1 of part L of chapter 56 of  the  laws
of 2017, is amended to read as follows:
  (iii)  (A)  commits, or allows to be committed an offense against such
child defined in article one  hundred  thirty  of  the  penal  law;  (B)
allows,  permits or encourages such child to engage in any act described
in sections 230.25, 230.30 and [230.32] 230.34-A of the penal  law;  (C)
commits  any of the acts described in sections 255.25, 255.26 and 255.27
of the penal law; (D) allows such child to engage  in  acts  or  conduct
described  in  article  two hundred sixty-three of the penal law; or (E)
permits or encourages such child to engage in  any  act  or  commits  or
allows  to be committed against such child any offense that would render
such child either a victim of sex trafficking  or  a  victim  of  severe
forms of trafficking in persons pursuant to 22 U.S.C. 7102 as enacted by
public  law  106-386  or  any  successor  federal statute; (F) provided,
however, that (1) the corroboration requirements contained in the  penal
law  and  (2)  the  age  requirement  for the application of article two
hundred sixty-three of such law shall not  apply  to  proceedings  under
this article.
  §  26.  Subdivision (f) of section 10.03 of the mental hygiene law, as
amended by chapter 405 of the laws  of  2010,  is  amended  to  read  as
follows:
  (f) "Designated felony" means any felony offense defined by any of the
following  provisions  of the penal law: assault in the second degree as
defined in section 120.05, assault in the first  degree  as  defined  in
section  120.10, gang assault in the second degree as defined in section
120.06, gang assault in the first degree as defined in  section  120.07,

S. 5988                            13

stalking in the first degree as defined in section 120.60, strangulation
in  the second degree as defined in section 121.12, strangulation in the
first degree as defined in section 121.13, manslaughter  in  the  second
degree  as defined in subdivision one of section 125.15, manslaughter in
the first degree as defined in section  125.20,  murder  in  the  second
degree  as  defined  in  section 125.25, aggravated murder as defined in
section 125.26, murder in the first degree as defined in section 125.27,
kidnapping in the second degree as defined in section 135.20, kidnapping
in the first degree as defined in section 135.25, burglary in the  third
degree  as  defined  in section 140.20, burglary in the second degree as
defined in section 140.25, burglary in the first degree  as  defined  in
section 140.30, arson in the second degree as defined in section 150.15,
arson  in  the first degree as defined in section 150.20, robbery in the
third degree as defined in section 160.05, robbery in the second  degree
as  defined in section 160.10, robbery in the first degree as defined in
section 160.15, promoting prostitution in the second degree  as  defined
in  section  230.30,  [promoting  prostitution  in  the  first degree as
defined in section 230.32, compelling prostitution as defined in section
230.33,] SEX TRAFFICKING OF A CHILD  AS  DEFINED  IN  SECTION  230.34-A,
disseminating indecent material to minors in the first degree as defined
in  section 235.22, use of a child in a sexual performance as defined in
section 263.05, promoting an obscene sexual performance by  a  child  as
defined  in section 263.10, promoting a sexual performance by a child as
defined in section 263.15, or any felony attempt or conspiracy to commit
any of the foregoing offenses.
  § 27. Subdivision 2 of section 715 of the real  property  actions  and
proceedings  law,  as  amended  by  chapter  368 of the laws of 2015, 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  consti-
tuting use of the premises for purposes of prostitution.
  §  28.  Section 2324-a of the public health law, as amended by chapter
368 of the laws of 2015, is amended to read as follows:
  § 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,  230.30  or
[230.32]  230.34-A 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.
  § 29. Subdivision 5 of section 621 of the executive law, as amended by
section  1  of  part  H of chapter 55 of the laws of 2017, is amended to
read as follows:
  5. "Victim" shall mean (a) a  person  who  suffers  personal  physical
injury  as a direct result of a crime; (b) a person who is the victim of
either the crime of (1) unlawful imprisonment in  the  first  degree  as
defined in section 135.10 of the penal law, (2) kidnapping in the second
degree  as defined in section 135.20 of the penal law, (3) kidnapping in
the first degree as defined in section 135.25  of  the  penal  law,  (4)

S. 5988                            14

menacing  in  the first degree as defined in section 120.13 of the penal
law, (5) criminal obstruction  of  breathing  or  blood  circulation  as
defined in section 121.11 of the penal law, (6) harassment in the second
degree  as defined in section 240.26 of the penal law, (7) harassment in
the first degree as defined in section 240.25  of  the  penal  law,  (8)
aggravated  harassment  in  the  second degree as defined in subdivision
three or five of section 240.30 of the penal law, (9) aggravated harass-
ment in the first degree as defined in subdivision two of section 240.31
of the penal law, (10) criminal contempt in the first degree as  defined
in  subdivision  (b)  or  subdivision (c) of section 215.51 of the penal
law, (11) stalking in the fourth,  third,  second  or  first  degree  as
defined  in sections 120.45, 120.50, 120.55 and 120.60 of the penal law,
(12) labor trafficking as defined in section 135.35 of  the  penal  law,
[or] (13) sex trafficking as defined in section 230.34 of the penal law;
OR (14) SEX TRAFFICKING OF A CHILD AS DEFINED IN SECTION 230.34-A OF THE
PENAL  LAW;  a vulnerable elderly person or an incompetent or physically
disabled person as defined in section 260.31 of the penal law who incurs
a loss of savings as defined in subdivision twenty-four of this section;
or a person who has had a frivolous lawsuit filed against them.
  § 30. Subdivision 1 of section 631 of the executive law, as amended by
section 22 of part A-1 of chapter 56 of the laws of 2010, is amended  to
read as follows:
  1. No award shall be made unless the office finds that (a) a crime was
committed,  (b) such crime directly resulted in personal physical injury
to or the exacerbation of a preexisting  disability,  or  condition,  or
death  of, the victim, and (c) criminal justice agency records show that
such crime was promptly reported to the proper authorities;  and  in  no
case may an award be made where the criminal justice agency records show
that  such  report  was  made more than one week after the occurrence of
such crime unless the office, for good cause shown, finds the  delay  to
have  been  justified;  provided, however, in cases involving an alleged
sex offense as contained in article one hundred thirty of the penal  law
or  incest  as  defined in section 255.25, 255.26 or 255.27 of the penal
law or labor trafficking as defined in section 135.35 of the  penal  law
or  sex trafficking as defined in [section] SECTIONS 230.34 AND 230.34-A
of the penal law or  an  offense  chargeable  as  a  family  offense  as
described  in  section  eight  hundred twelve of the family court act or
section 530.11 of the criminal procedure law, the criminal justice agen-
cy report need only be made within a reasonable time considering all the
circumstances, including the victim's  physical,  emotional  and  mental
condition  and  family  situation. For the purposes of this subdivision,
"criminal justice agency" shall include, but not be limited to, a police
department, a district attorney's office,  and  any  other  governmental
agency having responsibility for the enforcement of the criminal laws of
the  state provided, however, that in cases involving such sex offense a
criminal justice agency shall also mean a family court,  a  governmental
agency  responsible  for child and/or adult protective services pursuant
to title six of article six of the social services law and/or title  one
of  article  nine-B of the social services law, and any medical facility
established under the laws of the state that provides a  forensic  phys-
ical examination for victims of rape and sexual assault.
  § 31. Paragraph f of subdivision 1 of section 410 of the general busi-
ness  law,  as  amended by chapter 80 of the laws of 2015, is amended to
read as follows:
  f. Conviction of any of the following crimes subsequent to  the  issu-
ance of a license or registration pursuant to this article: fraud pursu-

S. 5988                            15

ant  to  sections  170.10,  170.15,  176.15,  176.20, 176.25, 176.30 and
190.65; falsifying business records pursuant to  section  175.10;  grand
larceny  pursuant  to  article 155; bribery pursuant to sections 180.03,
180.08,  180.15, 180.25, 200.00, 200.03, 200.04, 200.10, 200.11, 200.12,
200.45, 200.50; perjury pursuant to  sections  210.10,  210.15,  210.40;
assault  pursuant  to  sections  120.05, 120.10, 120.11, 120.12; robbery
pursuant to article  160;  homicide  pursuant  to  sections  125.25  and
125.27;  manslaughter pursuant to sections 125.15 and 125.20; kidnapping
and unlawful  imprisonment  pursuant  to  sections  135.10,  135.20  and
135.25;  unlawful weapons possession pursuant to sections 265.02, 265.03
and 265.04; criminal use of a weapon pursuant  to  sections  265.08  and
265.09;  criminal  sale  of  a  weapon  pursuant  to sections 265.11 and
265.12; [compelling prostitution pursuant to section 230.33;] sex  traf-
ficking  pursuant to section 230.34; SEX TRAFFICKING OF A CHILD PURSUANT
TO SECTION 230.34-A; and sex offenses pursuant to  article  130  of  the
penal  law.  Provided,  however,  that for the purposes of this article,
none of the  following  shall  be  considered  criminal  convictions  or
reported  as  such:  (i)  a conviction for which an executive pardon has
been issued pursuant to the executive law; (ii) a conviction  which  has
been  vacated  and  replaced  by a youthful offender finding pursuant to
article seven hundred twenty of  the  criminal  procedure  law,  or  the
applicable  provisions  of  law  of  any  other jurisdiction; or (iii) a
conviction the records of which have been expunged or sealed pursuant to
the applicable provisions of the laws of this  state  or  of  any  other
jurisdiction; and (iv) a conviction for which other evidence of success-
ful rehabilitation to remove the disability has been issued.
  §  32.  Subdivision  3  of  section  231  of the real property law, as
amended by chapter 368 of the laws  of  2015,  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,
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 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.
  § 33. This act shall take effect on the ninetieth day after  it  shall
have  become  a  law;  provided, however, that if section 1 of part H of
chapter 55 of the laws of 2017 shall not have taken effect on or  before
such  date then section twenty-nine of this act shall take effect on the
same date and in the same manner as such chapter of the  laws  of  2017,
takes effect.

Co-Sponsors

view additional co-sponsors

S5988A - Details

Law Section:: Penal Law
Laws Affected:: Amd §§70.02, 460.10, 130.91, 120.70, 230.01, add §230.34-a, rpld §230.33, 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

 
BILL NUMBER: S5988A             REVISED MEMO 01/17/2018

SPONSOR: LANZA
 
TITLE OF BILL:  An act to amend the penal law, in relation to estab-
lishing 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 administrative 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 prosti-
tution; and to repeal certain provisions of the penal law relating ther-
eto

 
PURPOSE:

To establish the crime of sex trafficking of a child.

 
SUMMARY OF PROVISIONS:

Section 1 amends the penal law by adding a new section 230.34-a to

provide that 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.  The section
provides further that in any prosecution under section 230.34-a in which
the defendant is less than nineteen years old, it is an affirmative 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
protection act (United States Code, Title 22, Chapter 78) at the time of
the instant offense. Sex trafficking of a child is a class B felony.

Section 2 provides for the repeal of section 230.33 of the penal law.

Section 3 amends paragraph (a) of subdivision 1 of section 70.02 of the
penal law, as amended by chapter 368 of the laws of 2015, to add as a
class B violent felony offense, sex trafficking of a child as defined in
section 230.34-a.

Section 4 amends paragraph (a) of subdivision 1 of section 460.10 of the
penal law, as amended by chapter 368 of the laws of 2015, to add as a
definition of an enterprise corruption "criminal act", sex trafficking
of a child as defined in section 230.34-a.

Sections 5 through 24 provide for technical corrections to the penal
law, the correction law, the criminal procedure law, the social services
law, the vehicle and traffic law, the administrative 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
connection with sex BY: ............... ........  trafficking of a child
and the repeal of section 230.33 of the penal law as provided in this
act.

Section 25 provides the effective date.

 
JUSTIFICATION:

Since 2007, New York State has taken significant steps to hold both sex
and labor traffickers accountable. In 2015, New York strengthened its
criminal justice response to trafficking with the Trafficking Victims
Protection and Justice Act ("TVPJA," Ch. 368 of 2015), comprehensive
legislation that increases accountability of traffickers, patronizers
and other exploiters, while providing necessary protection to victims.

Although we have enacted legislation to ensure that those who devastate
the lives of children by promoting them in the sex trafficking industry
are held accountable, the law must go further to hold these traffickers
accountable just as they are under federal law. Under federal law, the
crime of sex trafficking is made when a sexual act is induced by force,
fraud or coercion, or when the person induced to perform such act is
under 18. Accordingly, a prosecutor need not articulate or prove force,
fraud or coercion to prosecute a trafficker who exploits a child under
18. Instead, under federal law, any child under the age of 18 who
engages in commercial sex is considered a victim of sex trafficking and
any person who promotes and benefits from exploiting such child is
considered a sex trafficker.

Under New York law, however, the prosecution must prove that a person
used force, fraud or coercion to find such person guilty of sex traf-
ficking, even if the child is under 18.

Last year, Manhattan District Attorney Cyrus Vance, Jr. in announcing
the conviction of an operator of a sex trafficking ring, which included
the prostitution of a 15-year old, on Super Bowl weekend in 2014, called
on the Legislature to amend our penal code. "In 46 states across the
country, simply proving that a child was sold for sex would have been
proof of Sex Trafficking. In New York, however, even though this
15-year-old was too young to legally engage in sexual activity with
grown men, my Office still had to prove that she was forced to do so by
the defendant under the threat of violence to secure this conviction."

Prosecutors, advocates and service providers see the restrictions the
law imposes on a frequent basis. Another case is illustrative.

Fourteen-year old Jennifer was lured into prostitution by her 40-year
old boyfriend, Mac. For months, Jennifer was sold online for sex and was
required to make a quota set by Mac. Although Mac deceived Jennifer
repeatedly and at times used force to ensure Jennifer's obedience,
Jennifer believed that Mac loved her and refused to testify against Mac.
This refusal to accept that they are being victimized by an older
exploiter is especially common with victims of human trafficking as they
are often traumatically bonded to their exploiter, who can alternate
between acts of affection and violence.

Under federal law, prosecutors could bring an action for sex trafficking
against Mac based on the fact that Jennifer is under 18, without a show-
ing of force, fraud or coercion. In New York, however, a prosecutor
would be required to prove that Mac used force, fraud or coercion in
order for the court to find Mac guilty of sex trafficking. Requiring
such proof most often obligates a victim to testify against her traf-
ficker. Yet requiring anyone, especially a minor, to testify against her
trafficker can retraumatize an already highly traumatized victim. More-
over, a minor may be unwilling to testify against her trafficker because
she is convinced she is in love with him. And if she does testify, she
may state that she engaged in sex out of love for her trafficker, not by
force, fraud or coercion. If the minor does not testify against her
trafficker, no case can be made. The child returns to her trafficker,
with the trafficker free to continue his commercial sexual exploitation
of the child.

When we passed and had signed into law the TVPJA and legislation to
treat 16-and 17-year olds as Persons in Need of Supervision (Ch. 555 of
2017,402 of 2014), we reaffirmed our conviction that prostituted indi-
viduals under the age of 18 are sexually exploited youth. And in our
statutory rape laws we have long recognized the fact that children do
not have the legal, psychological, or emotional capacity to consent to
sexual activity. This principle should not be discarded merely because
there is an exchange of money.

By amending the Penal Law to create the offense of sex trafficking of a
child, we will eliminate the need to prove force, fraud or coercion
where a child under 18 engages in commercial sex, and will align the
Penal Law with the Family Court Act, which creates a presumption that a
minor charged with prostitution is a sex trafficking victim.  Federal
law, the Federal Trafficking Victims Protection Act, already establishes
that all prostituted children are trafficking victims.  The bill
provides an affirmative defense for persons under age 19 where such
person's participation in the offense was a result of having been a
victim of sex trafficking under New York or federal law. In this way, we
will not criminalize a sex trafficking victim who has been compelled by
her trafficker to assume a role, such as answering phone calls, relaying
messages, looking after younger sex trafficking victims, that she would
not have assumed had she not been a sex trafficking victim.

Eliminating proof of the elements of force, fraud or coercion in cases
of children under 18 will enable us to hold those who should be held
accountable- the individuals who enslave these children for commercial
sex -and help these young girls and boys escape their lives of abuse and
exploitation at the hands of their predatory traffickers.

 
LEGISLATIVE HISTORY:

2017: S.5988 - Passed Senate / A.6823-A - Referred to Codes

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law; provided, however, that if section 1 of part H of chapter
55 of the laws of 2017 shall not have taken effect on or before such
date then section twenty-nine of this act shall take effect on the same
date and in the same manner as such chapter of the laws of 2017.

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:
§ 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

S. 5988--A                          2

PROTECTION ACT (UNITED STATES CODE, TITLE 22, CHAPTER 78) AT THE TIME OF
THE INSTANT OFFENSE.
  SEX TRAFFICKING OF A CHILD IS A CLASS B FELONY.
  § 2. Section 230.33 of the penal law is REPEALED.
  § 3. Paragraph (a) of subdivision 1 of section 70.02 of the penal law,
as  amended  by  chapter  368 of the laws of 2015, is 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,  SEX  TRAFFICKING  OF  A  CHILD  AS
DEFINED  IN  SECTION  230.34-A, 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.
  § 4. Paragraph (a) of subdivision 1 of section  460.10  of  the  penal
law,  as  amended by chapter 368 of the laws of 2015, 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; 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 criminal possession of
stolen property; sections 165.72 and 165.73 relating to trademark  coun-
terfeiting;  sections 170.10, 170.15, 170.25, 170.30, 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

S. 5988--A                          3

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; SECTION 230.34-A RELATING TO SEX TRAFFICK-
ING OF A CHILD; 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 dangerous 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  unauthorized recordings; and sections
470.05, 470.10, 470.15 and 470.20 relating to money laundering; or
  § 5. Subdivision 2 of section 130.91 of the penal law, as  amended  by
chapter 405 of the laws of 2010, is amended to read as follows:
  2.  A  "specified  offense"  is a felony offense defined by any of the
following provisions of this chapter: assault in the  second  degree  as
defined  in  section  120.05,  assault in the first degree as defined in
section 120.10, gang assault in the second degree as defined in  section
120.06,  gang  assault in the first degree as defined in section 120.07,
stalking in the first degree as defined in section 120.60, strangulation
in the second degree as defined in section 121.12, strangulation in  the
first  degree  as  defined in section 121.13, manslaughter in the second
degree as defined in subdivision one of section 125.15, manslaughter  in
the  first  degree  as  defined  in section 125.20, murder in the second
degree as defined in section 125.25, aggravated  murder  as  defined  in
section 125.26, murder in the first degree as defined in section 125.27,
kidnapping in the second degree as defined in section 135.20, kidnapping
in  the first degree as defined in section 135.25, burglary in the third
degree as defined in section 140.20, burglary in the  second  degree  as
defined  in  section  140.25, burglary in the first degree as defined in
section 140.30, arson in the second degree as defined in section 150.15,
arson in the first degree as defined in section 150.20, robbery  in  the
third  degree as defined in section 160.05, robbery in the second degree
as defined in section 160.10, robbery in the first degree as defined  in
section  160.15,  promoting prostitution in the second degree as defined
in section 230.30, promoting prostitution in the first degree as defined
in section  230.32,  [compelling  prostitution  as  defined  in  section
230.33,]  SEX  TRAFFICKING  OF  A  CHILD AS DEFINED IN SECTION 230.34-A,
disseminating indecent material to minors in the first degree as defined
in section 235.22, use of a child in a sexual performance as defined  in
section  263.05,  promoting  an obscene sexual performance by a child as
defined in section 263.10, promoting a sexual performance by a child  as
defined in section 263.15, or any felony attempt or conspiracy to commit
any of the foregoing offenses.

S. 5988--A                          4

  §  6.  Subdivision  1  of section 120.70 of the penal law, as added by
chapter 405 of the laws of 2008, is amended to read as follows:
  1.  A  person is guilty of luring a child when he or she lures a child
into a motor vehicle, aircraft, watercraft, isolated area, building,  or
part  thereof,  for  the purpose of committing against such child any of
the following offenses: an offense as defined in section 70.02  of  this
chapter; an offense as defined in section 125.25 or 125.27 of this chap-
ter;  a felony offense that is a violation of article one hundred thirty
of this chapter; an offense as defined in section 135.25 of  this  chap-
ter;  an  offense  as  defined in sections 230.30, [230.33 or] 230.34 OR
230.34-A of this chapter; an offense  as  defined  in  sections  255.25,
255.26,  or 255.27 of this chapter; or an offense as defined in sections
263.05, 263.10, or 263.15 of this chapter. For purposes of this subdivi-
sion "child" means a person less than seventeen years of age. Nothing in
this section shall be deemed to preclude, if the  evidence  warrants,  a
conviction  for  the  commission  or  attempted commission of any crime,
including but not limited to a crime  defined  in  article  one  hundred
thirty-five of this chapter.
  §  7.  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 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, A  VICTIM  OF  SEX
TRAFFICKING  OF  A  CHILD  UNDER  SECTION  230.34-A OF THIS ARTICLE or a
victim  of  trafficking  in  persons  under  the   trafficking   victims
protection act (United States Code, Title 22, Chapter 78).
  §  8.  Subparagraph  (i)  of paragraph (a) of subdivision 2 of section
168-a of the correction law, as amended by chapter 368 of  the  laws  of
2015, 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, 230.34-A, 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 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 seven-
teen years of age, 230.05, 230.06, 230.11, 230.12,  230.13,  subdivision
two  of section 230.30, section 230.32[, 230.33,] or 230.34 of the penal
law, or section 230.25 of the penal law where the person prostituted  is
in fact less than seventeen years old, or
  §  9. Paragraph (b) of subdivision 8 of section 700.05 of the criminal
procedure law, as amended by chapter 368 of the laws of 2015, is 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

S. 5988--A                          5

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
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

S. 5988--A                          6

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
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, SEX TRAFFICKING OF A CHILD AS DEFINED
IN SECTION 230.34-A 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;
  § 10. Paragraph (i) of subdivision 1 of section 440.10 of the criminal
procedure law, as amended by chapter 368 of the laws of 2015, 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 person for prostitution or promoting pros-
titution) 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,  SEX  TRAFFICKING  OF  A  CHILD  UNDER  SECTION

S. 5988--A                          7

230.34-A 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
  §  11.  Subdivision 2 of section 420.35 of the criminal procedure law,
as amended by chapter 426 of the laws of 2015, is  amended  to  read  as
follows:
  2.  Under no circumstances shall the mandatory surcharge, sex offender
registration fee, DNA databank fee or the crime victim assistance fee be
waived provided, however, that  a  court  may  waive  the  crime  victim
assistance  fee  if  such  defendant  is an eligible youth as defined in
subdivision two of section 720.10 of this chapter, and the imposition of
such fee would work an unreasonable hardship on the  defendant,  his  or
her  immediate  family,  or  any  other  person who is dependent on such
defendant for financial support.  A  court  shall  waive  any  mandatory
surcharge,  DNA  databank  fee and crime victim assistance fee when: (i)
the defendant is convicted of loitering for the purpose of  engaging  in
prostitution  under  section  240.37 of the penal law (provided that the
defendant was not convicted of loitering for the purpose of  patronizing
a person for prostitution); (ii) the defendant is convicted of prostitu-
tion  under  section  230.00  of  the  penal law; (iii) the defendant is
convicted of a violation in the event such conviction is in  lieu  of  a
plea to or conviction for loitering for the purpose of engaging in pros-
titution  under  section  240.37  of  the  penal  law (provided that the
defendant was not alleged to be loitering for the purpose of patronizing
a person for prostitution) or prostitution under section 230.00  of  the
penal  law;  or (iv) the court finds that a defendant is a victim of sex
trafficking under section 230.34 of the penal law or a victim  of  traf-
ficking  in persons under the trafficking victims protection act (United
States Code, Title 22, Chapter 78); OR (V)  THE  COURT  FINDS  THAT  THE
DEFENDANT  IS  A  VICTIM  OF  SEX  TRAFFICKING  OF A CHILD UNDER SECTION
230.34-A OF THE PENAL LAW.
  § 12. Subdivision 1 of section 447-a of the social  services  law,  as
amended  by  section  1  of part G of chapter 58 of the laws of 2010, is
amended to read as follows:
  1. The term "sexually exploited child" means any person under the  age
of  eighteen  who  has been subject to sexual exploitation because he or
she:
  (a) is the victim of the  crime  of  sex  trafficking  as  defined  in
section  230.34  of  the  penal law OR THE CRIME OF SEX TRAFFICKING OF A
CHILD AS DEFINED IN SECTION 230.34-A OF THE PENAL LAW;
  (b) engages in any act as defined in section 230.00 of the penal law;
  (c) [is a victim of the crime of compelling prostitution as defined in
section 230.33 of the penal law;
  (d)] engages in acts or  conduct  described  in  article  two  hundred
sixty-three or section 240.37 of the penal law.
  § 13. Subdivision (c) of section 483-bb of the social services law, as
added by chapter 368 of the laws of 2015, is amended to read as follows:
  (c) An individual who is a victim of the conduct prohibited by section
[230.33,]  230.34, 230.34-A, 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,
230.34-A,  135.35  or  135.37  of  the  penal law to recover damages and
reasonable attorney's fees.

S. 5988--A                          8

  § 14. Paragraph (a) 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:
  (a)  The offenses referred to in subparagraph (ii) of paragraph (a) of
subdivision one and paragraph (a) of subdivision  two  of  this  section
that  result  in  permanent  disqualification shall include a conviction
under sections 125.12, 125.13, 125.14, 125.15, 125.20,  125.21,  125.22,
125.25,  125.26, 125.27, 130.30, 130.35, 130.45, 130.50, 130.65, 130.66,
130.67, 130.70, 130.75, 130.80, 130.90, 130.95, 130.96, 135.25,  150.20,
230.30,  230.32,  230.34,  230.34-A,  235.22,  263.05,  263.10,  263.11,
263.15, 263.16 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  offenses
committed under a former section of the penal law which would 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.
  § 15. Subdivisions 1 and 2 of section 510-d of the vehicle and traffic
law, as added by chapter 368 of the laws of 2015, are amended to read as
follows:
  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, 230.34-A  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,
230.34-A or 230.40 of the penal law and the holder used a for hire motor
vehicle to commit such crime.
  § 16. Subdivision a of section 3-118 of the administrative code of the
city  of  New  York,  as added by local law number 39 of the city of New
York for the year 2016, is amended to read as follows:
  a. For the purposes of this section,  the  following  terms  have  the
following meanings:
  Homeless  youth. The term "homeless youth" means persons under the age
of 21 who are in need of services and are without  a  place  of  shelter
where supervision and care are available.
  Runaway youth. The term "runaway youth" means persons under the age of
18  years  who are absent from their legal residence without the consent
of their parent, legal guardian or custodian.
  Sexually exploited youth. The term "sexually  exploited  youth"  means
persons under the age of 18 who have been subject to sexual exploitation
because  they  (a)  are  the  victim  of the crime of sex trafficking as
defined in section 230.34 of the penal law; (b) engage  in  any  act  as
defined  in  section  230.00  of the penal law; (c) [are a victim of the
crime of compelling prostitution as defined in  section  230.33  of  the
penal  law]  ARE  A VICTIM OF THE CRIME OF SEX TRAFFICKING OF A CHILD AS
DEFINED IN SECTION 230.34-A OF THE PENAL LAW; or (d) engage in  acts  or
conduct described in article 263 or section 240.37 of the penal law. The
term  shall  also mean persons under the age of 18 who have been subject
to incest in the third degree, second degree or first degree, as defined
in sections 255.25, 255.26, and 255.27 of the penal  law,  respectively,
or any of the sex offenses enumerated in article 130 of the penal law.
  §  17. Subparagraph i of paragraph 7 of subdivision a of section 9-131
of the administrative code of the city of New York, as  added  by  local

S. 5988--A                          9

law  number  58 of the city of New York for the year 2014, is amended to
read as follows:
  i. a felony defined in any of the following sections of the penal law:
120.01,  120.02,  120.03,  120.04,  120.04-a(4), 120.05, 120.06, 120.07,
120.08, 120.09, 120.10, 120.11, 120.12, 120.13, 120.18, 120.25,  120.55,
120.60,  120.70, 121.12, 121.13, 125.10, 125.11, 125.12, 125.13, 125.14,
125.15, 125.20, 125.21, 125.22, 125.25, 125.26, 125.27, 125.40,  125.45,
130.25,   130.30,   130.35,  130.40,  130.45,  130.50,  130.53,  130.65,
130.65-a,  130.66,  130.67,  130.70,  130.75,  130.80,  130.85,  130.90,
130.95,  130.96,  135.10,  135.20, 135.25, 135.35, 135.50, 135.65(2)(b),
140.17, 140.25, 140.30, 145.12, 150.05, 150.10, 150.15, 150.20,  160.05,
160.10,  160.15, 195.07, 195.08, 195.17, 215.11, 215.12, 215.13, 215.15,
215.16, 215.17, 215.51, 215.52, 220.18, 220.21, 220.28, 220.41,  220.43,
220.44,  220.48,  220.77,  230.05,  230.06,  230.19,  230.25(2), 230.30,
230.32, [230.33,] 230.34,  230.34-A,  235.22,  240.06,  240.55,  240.60,
240.61,  240.62, 240.63, 240.75, 241.05, 255.26, 255.27, 260.25, 260.32,
260.34,  263.05,  263.10,  263.11,  263.15,  263.16,  263.30,  265.01-a,
265.01-b, 265.02(2) through (8), 265.03, 265.04, 265.08, 265.09, 265.10,
265.11,  265.12,  265.13,  265.14,  265.16,  265.17,  265.19, 265.35(2),
270.30, 270.35,  405.16(1),  405.18,  460.22,  470.21,  470.22,  470.23,
470.24,  490.10, 490.15, 490.20, 490.25, 490.30, 490.35, 490.37, 490.40,
490.45, 490.47, 490.50, or 490.55;
  § 18. Subparagraph i of paragraph 6 of subdivision a of section 14-154
of the administrative code of the city of New York, as  added  by  local
law  number  59 of the city of New York for the year 2014, is amended to
read as follows:
  i. a felony defined in any of the following sections of the penal law:
120.01, 120.02, 120.03, 120.04,  120.04-a(4),  120.05,  120.06,  120.07,
120.08,  120.09, 120.10, 120.11, 120.12, 120.13, 120.18, 120.25, 120.55,
120.60, 120.70, 121.12, 121.13, 125.10, 125.11, 125.12, 125.13,  125.14,
125.15,  125.20, 125.21, 125.22, 125.25, 125.26, 125.27, 125.40, 125.45,
130.25,  130.30,  130.35,  130.40,  130.45,  130.50,   130.53,   130.65,
130.65-a,  130.66,  130.67,  130.70,  130.75,  130.80,  130.85,  130.90,
130.95, 130.96, 135.10, 135.20, 135.25,  135.35,  135.50,  135.65(2)(b),
140.17,  140.25, 140.30, 145.12, 150.05, 150.10, 150.15, 150.20, 160.05,
160.10, 160.15, 195.07, 195.08, 195.17, 215.11, 215.12, 215.13,  215.15,
215.16,  215.17, 215.51, 215.52, 220.18, 220.21, 220.28, 220.41, 220.43,
220.44, 220.48,  220.77,  230.05,  230.06,  230.19,  230.25(2),  230.30,
230.32,  [230.33,]  230.34,  230.34-A,  235.22,  240.06, 240.55, 240.60,
240.61, 240.62, 240.63, 240.75, 241.05, 255.26, 255.27, 260.25,  260.32,
260.34,  263.05,  263.10,  263.11,  263.15,  263.16,  263.30,  265.01-a,
265.01-b, 265.02  (2)  through  (8),  265.03,  265.04,  265.08,  265.09,
265.10,   265.11,   265.12,  265.13,  265.14,  265.16,  265.17,  265.19,
265.35(2), 270.30, 270.35, 405.16(l), 405.18,  460.22,  470.21,  470.22,
470.23,  470.24, 490.10, 490.15, 490.20, 490.25, 490.30, 490.35, 490.37,
490.40, 490.45, 490.47, 490.50, or 490.55;
  § 19. Paragraph (iii) of subdivision (e) of section 1012 of the family
court act, as amended by section 1 of part L of chapter 56 of  the  laws
of 2017, is amended to read as follows:
  (iii)  (A)  commits, or allows to be committed an offense against such
child defined in article one  hundred  thirty  of  the  penal  law;  (B)
allows,  permits or encourages such child to engage in any act described
in sections 230.25, 230.30 [and], 230.32 AND 230.34-A of the penal  law;
(C)  commits  any  of  the acts described in sections 255.25, 255.26 and
255.27 of the penal law; (D) allows such child  to  engage  in  acts  or
conduct  described  in article two hundred sixty-three of the penal law;

S. 5988--A                         10

or (E) permits or encourages such child to engage in any act or  commits
or  allows  to  be  committed  against such child any offense that would
render such child either a victim of sex  trafficking  or  a  victim  of
severe  forms  of  trafficking  in persons pursuant to 22 U.S.C. 7102 as
enacted by public law 106-386 or  any  successor  federal  statute;  (F)
provided,  however, that (1) the corroboration requirements contained in
the penal law and (2) the age requirement for the application of article
two hundred sixty-three of such law shall not apply to proceedings under
this article.
  § 20. Subdivision (f) of section 10.03 of the mental hygiene  law,  as
amended  by  chapter  405  of  the  laws  of 2010, is amended to read as
follows:
  (f) "Designated felony" means any felony offense defined by any of the
following provisions of the penal law: assault in the second  degree  as
defined  in  section  120.05,  assault in the first degree as defined in
section 120.10, gang assault in the second degree as defined in  section
120.06,  gang  assault in the first degree as defined in section 120.07,
stalking in the first degree as defined in section 120.60, strangulation
in the second degree as defined in section 121.12, strangulation in  the
first  degree  as  defined in section 121.13, manslaughter in the second
degree as defined in subdivision one of section 125.15, manslaughter  in
the  first  degree  as  defined  in section 125.20, murder in the second
degree as defined in section 125.25, aggravated  murder  as  defined  in
section 125.26, murder in the first degree as defined in section 125.27,
kidnapping in the second degree as defined in section 135.20, kidnapping
in  the first degree as defined in section 135.25, burglary in the third
degree as defined in section 140.20, burglary in the  second  degree  as
defined  in  section  140.25, burglary in the first degree as defined in
section 140.30, arson in the second degree as defined in section 150.15,
arson in the first degree as defined in section 150.20, robbery  in  the
third  degree as defined in section 160.05, robbery in the second degree
as defined in section 160.10, robbery in the first degree as defined  in
section  160.15,  promoting prostitution in the second degree as defined
in section 230.30, promoting prostitution in the first degree as defined
in section  230.32,  [compelling  prostitution  as  defined  in  section
230.33,]  SEX  TRAFFICKING  OF  A  CHILD AS DEFINED IN SECTION 230.34-A,
disseminating indecent material to minors in the first degree as defined
in section 235.22, use of a child in a sexual performance as defined  in
section  263.05,  promoting  an obscene sexual performance by a child as
defined in section 263.10, promoting a sexual performance by a child  as
defined in section 263.15, or any felony attempt or conspiracy to commit
any of the foregoing offenses.
  §  21.  Section 2324-a of the public health law, as amended by chapter
368 of the laws of 2015, is amended to read as follows:
  § 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,  230.30  [or],
230.32 OR 230.34-A 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.
  § 22. Subdivision 5 of section 621 of the executive law, as amended by
section 1 of part H of chapter 55 of the laws of  2017,  is  amended  to
read as follows:

S. 5988--A                         11

  5.  "Victim"  shall  mean  (a)  a person who suffers personal physical
injury as a direct result of a crime; (b) a person who is the victim  of
either  the  crime  of  (1) unlawful imprisonment in the first degree as
defined in section 135.10 of the penal law, (2) kidnapping in the second
degree  as defined in section 135.20 of the penal law, (3) kidnapping in
the first degree as defined in section 135.25  of  the  penal  law,  (4)
menacing  in  the first degree as defined in section 120.13 of the penal
law, (5) criminal obstruction  of  breathing  or  blood  circulation  as
defined in section 121.11 of the penal law, (6) harassment in the second
degree  as defined in section 240.26 of the penal law, (7) harassment in
the first degree as defined in section 240.25  of  the  penal  law,  (8)
aggravated  harassment  in  the  second degree as defined in subdivision
three or five of section 240.30 of the penal law, (9) aggravated harass-
ment in the first degree as defined in subdivision two of section 240.31
of the penal law, (10) criminal contempt in the first degree as  defined
in  subdivision  (b)  or  subdivision (c) of section 215.51 of the penal
law, (11) stalking in the fourth,  third,  second  or  first  degree  as
defined  in sections 120.45, 120.50, 120.55 and 120.60 of the penal law,
(12) labor trafficking as defined in section 135.35 of  the  penal  law,
[or] (13) sex trafficking as defined in section 230.34 of the penal law;
OR (14) SEX TRAFFICKING OF A CHILD AS DEFINED IN SECTION 230.34-A OF THE
PENAL  LAW;  a vulnerable elderly person or an incompetent or physically
disabled person as defined in section 260.31 of the penal law who incurs
a loss of savings as defined in subdivision twenty-four of this section;
or a person who has had a frivolous lawsuit filed against them.
  § 23. Subdivision 1 of section 631 of the executive law, as amended by
section 22 of part A-1 of chapter 56 of the laws of 2010, is amended  to
read as follows:
  1. No award shall be made unless the office finds that (a) a crime was
committed,  (b) such crime directly resulted in personal physical injury
to or the exacerbation of a preexisting  disability,  or  condition,  or
death  of, the victim, and (c) criminal justice agency records show that
such crime was promptly reported to the proper authorities;  and  in  no
case may an award be made where the criminal justice agency records show
that  such  report  was  made more than one week after the occurrence of
such crime unless the office, for good cause shown, finds the  delay  to
have  been  justified;  provided, however, in cases involving an alleged
sex offense as contained in article one hundred thirty of the penal  law
or  incest  as  defined in section 255.25, 255.26 or 255.27 of the penal
law or labor trafficking as defined in section 135.35 of the  penal  law
or  sex trafficking as defined in [section] SECTIONS 230.34 AND 230.34-A
of the penal law or  an  offense  chargeable  as  a  family  offense  as
described  in  section  eight  hundred twelve of the family court act or
section 530.11 of the criminal procedure law, the criminal justice agen-
cy report need only be made within a reasonable time considering all the
circumstances, including the victim's  physical,  emotional  and  mental
condition  and  family  situation. For the purposes of this subdivision,
"criminal justice agency" shall include, but not be limited to, a police
department, a district attorney's office,  and  any  other  governmental
agency having responsibility for the enforcement of the criminal laws of
the  state provided, however, that in cases involving such sex offense a
criminal justice agency shall also mean a family court,  a  governmental
agency  responsible  for child and/or adult protective services pursuant
to title six of article six of the social services law and/or title  one
of  article  nine-B of the social services law, and any medical facility

S. 5988--A                         12

established under the laws of the state that provides a  forensic  phys-
ical examination for victims of rape and sexual assault.
  § 24. Paragraph f of subdivision 1 of section 410 of the general busi-
ness  law,  as  amended by chapter 80 of the laws of 2015, is amended to
read as follows:
  f. Conviction of any of the following crimes subsequent to  the  issu-
ance of a license or registration pursuant to this article: fraud pursu-
ant  to  sections  170.10,  170.15,  176.15,  176.20, 176.25, 176.30 and
190.65; falsifying business records pursuant to  section  175.10;  grand
larceny  pursuant  to  article 155; bribery pursuant to sections 180.03,
180.08, 180.15, 180.25, 200.00, 200.03, 200.04, 200.10, 200.11,  200.12,
200.45,  200.50;  perjury  pursuant  to sections 210.10, 210.15, 210.40;
assault pursuant to sections 120.05,  120.10,  120.11,  120.12;  robbery
pursuant  to  article  160;  homicide  pursuant  to  sections 125.25 and
125.27; manslaughter pursuant to sections 125.15 and 125.20;  kidnapping
and  unlawful  imprisonment  pursuant  to  sections  135.10,  135.20 and
135.25; unlawful weapons possession pursuant to sections 265.02,  265.03
and  265.04;  criminal  use  of a weapon pursuant to sections 265.08 and
265.09; criminal sale of  a  weapon  pursuant  to  sections  265.11  and
265.12;  [compelling prostitution pursuant to section 230.33;] sex traf-
ficking pursuant to section 230.34; SEX TRAFFICKING OF A CHILD  PURSUANT
TO  SECTION  230.34-A;  and  sex offenses pursuant to article 130 of the
penal law. Provided, however, that for the  purposes  of  this  article,
none  of  the  following  shall  be  considered  criminal convictions or
reported as such: (i) a conviction for which  an  executive  pardon  has
been  issued  pursuant to the executive law; (ii) a conviction which has
been vacated and replaced by a youthful  offender  finding  pursuant  to
article  seven  hundred  twenty  of  the  criminal procedure law, or the
applicable provisions of law of  any  other  jurisdiction;  or  (iii)  a
conviction the records of which have been expunged or sealed pursuant to
the  applicable  provisions  of  the  laws of this state or of any other
jurisdiction; and (iv) a conviction for which other evidence of success-
ful rehabilitation to remove the disability has been issued.
  § 25. This act shall take effect on the ninetieth day after  it  shall
have become a law.

Co-Sponsors

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S5988B (ACTIVE) - Details

Law Section:: Penal Law
Laws Affected:: Amd §§70.02, 460.10, 130.91, 120.70, 230.01, add §230.34-a, rpld §230.33, 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

 
BILL NUMBER: S5988B

SPONSOR: LANZA
 
TITLE OF BILL:  An act to amend the penal law, in relation to estab-
lishing 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 administrative 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 prosti-
tution

 
PURPOSE:

To establish the crime of sex trafficking of a child.

 
SUMMARY OF PROVISIONS:

Section 1 amends the penal law by adding a new section 230.34-a to
provide that 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 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. Definitions for "advances prostitution"
and "profits from prostitution" are provided for purposes of this
section. Sex trafficking of a child is a class B felony.

Section 2 amends section 230.01 of the penal law to add sections 230.19,
230.20, subdivision 2 of section 230.25, subdivision 2 of section
230.30, section 230.34-a to the list of offenses for which an affirma-
tive defense is available if the defendant's participation in the
offense was the result of having been a victim of compelling prostitu-
tion under section 230.33, a victim of sex trafficking under section
230.34 of this article, 230.34a sex trafficking of a child, or a victim
of trafficking in persons under the trafficking victims protection act
(United States Code, Title 22, Chapter 78).

Section 3 amends paragraph (a) of subdivision 1 of section 70.02 of the
penal law, as amended by chapter 368 of the laws of 2015, to add as a
class B violent felony offense, sex trafficking of a child as defined in
section 230.34-a.

Section 4 amends paragraph (a) of subdivision 1 of section 460.10 of the
penal law, as amended by chapter 368 of the laws of 2015, to add as a
definition of an enterprise corruption "criminal act", sex trafficking
of a child as defined in section 230.34-a.

Sections 5 through 23 provide for technical corrections to the penal
law, the correction law, the criminal procedure law, the social services
law, the vehicle and traffic law, the administrative 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
connection with sex trafficking of a child.

Section 24 provides the effective date.
 
JUSTIFICATION:

Since 2007, New York State has taken significant steps to hold both sex
and labor traffickers accountable. In 2015, New York strengthened its
criminal justice response to trafficking with the Trafficking Victims
Protection and Justice Act ("TVPJA," Ch. 368 of 2015), comprehensive
legislation that increases accountability of traffickers, patronizers
and other exploiters, while providing necessary protection to victims.

Although we have enacted legislation to ensure that those who devastate
the lives of children by promoting them in the sex trafficking industry
are held accountable, the law must go further to hold these traffickers
accountable just as they are under federal law. Under federal law, the
crime of sex trafficking is made when a sexual act is induced by force,
fraud or coercion, or when the person induced to perform such act is
under 18. Accordingly, a prosecutor need not articulate or prove force,
fraud or coercion to prosecute a trafficker who exploits a child under
18. Instead, under federal law, any child under the age of 18 who
engages in commercial sex is considered a victim of sex trafficking and
any person who promotes and benefits from exploiting such child is
considered a sex trafficker.

Under New York law, however, the prosecution must prove that a person
used force, fraud or coercion to find such person guilty of sex traf-
ficking, even if the child is under 18.

In 2016, Manhattan District Attorney Cyrus Vance, Jr. in announcing the
conviction of an operator of a sex trafficking ring, which included the
prostitution of a 15-year old, on Super Bowl weekend in 2014, called on
the Legislature to amend our penal code. "In 46 states across the coun-
try, simply proving that a child was sold for sex would have been proof
of Sex Trafficking. In New York, however, even though this 15-year-old
was too young to legally engage in sexual activity with grown men, my
Office still had to prove that she was forced to do so by the defendant
under the threat of violence to secure this conviction."

Prosecutors, advocates and service providers see the restrictions the
law imposes on a frequent basis. Another case is illustrative.

Fourteen-year old Jennifer was lured into prostitution by her 40-year
old boyfriend, Mac. For months, Jennifer was sold online for sex and was
required to make a quota set by Mac. Although Mac deceived Jennifer
repeatedly and at times used force to ensure Jennifer's obedience,
Jennifer believed that Mac loved her and refused to testify against Mac.

This refusal to accept that they are being victimized by an older
exploiter is especially common with victims of human trafficking as they
are often traumatically bonded to their exploiter, who can alternate
between acts of affection and violence.

Under federal law, prosecutors could bring an action for sex trafficking
against Mac based on the fact that Jennifer is under 18, without a show-
ing of force, fraud or coercion. In New York, however, a prosecutor
would be required to prove that Mac used force, fraud or coercion in
order for the court to find Mac guilty of sex trafficking. Requiring
such proof most often obligates a victim to testify against her traf-
ficker. Yet requiring anyone, especially a minor, to testify against her
trafficker can retraumatize an already highly traumatized victim. More-
over, a minor may be unwilling to testify against her trafficker because
she is convinced she is in love with him. And if she does testify, she
may state that she engaged in sex out of love for her trafficker, not by
force, fraud or coercion. If the minor does not testify against her
trafficker, no case can be made. The child returns to her trafficker,
with the trafficker free to continue his commercial sexual exploitation
of the child.

When we passed and had signed into law the TVPJA and legislation to
treat 16-and 17-year olds as Persons in Need of Supervision (Ch. 555 of
2017, 402 of 2014), we reaffirmed our conviction that prostituted indi-
viduals under the age of 18 are sexually exploited youth. And in our
statutory rape laws we have long recognized the fact that children do
not have the legal, psychological, or emotional capacity to consent to
sexual activity. This principle should not be discarded merely because
there is an exchange of money.

This change will also align the Penal Law with the Family Court Act,
which creates a presumption that a minor charged with prostitution is a
sex trafficking victim. Federal law, the Federal Trafficking Victims
Protection Act, already establishes that all prostituted children are
trafficking victims. The bill provides an affirmative defense where such
person's participation in the offense was a result of having been a
victim of sex trafficking under New York or federal law. In this way, we
will not criminalize a sex trafficking victim who has been compelled by
her trafficker to assume a role, such as answering phone calls, relaying
messages, looking after younger sex trafficking victims, that she would
not have assumed had she not been a sex trafficking victim.

Eliminating proof of the elements of force, fraud or coercion in cases
of children under 18 will enable us to hold those who should be held
accountable- the individuals who enslave these children for commercial
sex -- and help these young girls and boys escape their lives of abuse
and exploitation at the hands of their predatory traffickers.

 
LEGISLATIVE HISTORY:

This is a new bill

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

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:
§ 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

S. 5988--B                          2

CUTION  THEREFOR THAT THE DEFENDANT DID NOT KNOW THE AGE OF THE CHILD OR
BELIEVED SUCH AGE TO BE EIGHTEEN OR OVER.
  2. FOR PURPOSES OF THIS SECTION:
  (A)  A  PERSON  "ADVANCES  PROSTITUTION"  WHEN, ACTING OTHER THAN AS A
PERSON IN PROSTITUTION OR AS A PATRON THEREOF, AND WITH INTENT TO  CAUSE
PROSTITUTION,  HE OR SHE DIRECTLY ENGAGES IN CONDUCT THAT FACILITATES AN
ACT OR ENTERPRISE OF PROSTITUTION.
  (B) A PERSON "PROFITS FROM PROSTITUTION" WHEN, ACTING OTHER THAN AS  A
PERSON  IN  PROSTITUTION  RECEIVING COMPENSATION FOR PERSONALLY RENDERED
PROSTITUTION SERVICES, AND WITH INTENT TO FACILITATE PROSTITUTION, HE OR
SHE ACCEPTS OR RECEIVES MONEY OR OTHER PROPERTY PURSUANT TO AN AGREEMENT
OR UNDERSTANDING WITH ANY PERSON WHEREBY HE OR SHE PARTICIPATES  IN  THE
PROCEEDS OF PROSTITUTION ACTIVITY.
  SEX TRAFFICKING OF A CHILD IS A CLASS B FELONY.
  § 2. Section 230.01 of the penal law, as amended 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, 230.20, SUBDIVISION  2  OF  SECTION  230.25,  SUBDIVISION  2  OF
SECTION 230.30, SECTION 230.34-A or subdivision two of section 240.37 of
this  part,  it  is  an affirmative defense that the defendant's partic-
ipation in the offense was a result of having been a victim  of  compel-
ling  prostitution  under  section  230.33,  a victim of sex trafficking
under section 230.34 of this article, A VICTIM OF SEX TRAFFICKING  OF  A
CHILD  UNDER SECTION 230.34-A OF THIS ARTICLE or a victim of trafficking
in persons under the trafficking victims protection act  (United  States
Code, Title 22, Chapter 78).
  § 3. Paragraph (a) of subdivision 1 of section 70.02 of the penal law,
as  amended  by  chapter  368 of the laws of 2015, is 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,  SEX  TRAFFICKING  OF  A  CHILD  AS
DEFINED  IN  SECTION  230.34-A, 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

S. 5988--B                          3

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.
  §  4.  Paragraph  (a)  of subdivision 1 of section 460.10 of the penal
law, as amended by chapter 368 of the laws of 2015, 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; 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  criminal  possession  of
stolen  property; sections 165.72 and 165.73 relating to trademark coun-
terfeiting; sections 170.10, 170.15, 170.25, 170.30, 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; SECTION 230.34-A RELATING TO SEX TRAFFICK-
ING OF A CHILD; 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 dangerous 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  unauthorized recordings; and sections
470.05, 470.10, 470.15 and 470.20 relating to money laundering; or
  § 5. Subdivision 2 of section 130.91 of the penal law, as  amended  by
chapter 405 of the laws of 2010, is amended to read as follows:
  2.  A  "specified  offense"  is a felony offense defined by any of the
following provisions of this chapter: assault in the  second  degree  as
defined  in  section  120.05,  assault in the first degree as defined in
section 120.10, gang assault in the second degree as defined in  section
120.06,  gang  assault in the first degree as defined in section 120.07,
stalking in the first degree as defined in section 120.60, strangulation
in the second degree as defined in section 121.12, strangulation in  the
first  degree  as  defined in section 121.13, manslaughter in the second

S. 5988--B                          4

degree as defined in subdivision one of section 125.15, manslaughter  in
the  first  degree  as  defined  in section 125.20, murder in the second
degree as defined in section 125.25, aggravated  murder  as  defined  in
section 125.26, murder in the first degree as defined in section 125.27,
kidnapping in the second degree as defined in section 135.20, kidnapping
in  the first degree as defined in section 135.25, burglary in the third
degree as defined in section 140.20, burglary in the  second  degree  as
defined  in  section  140.25, burglary in the first degree as defined in
section 140.30, arson in the second degree as defined in section 150.15,
arson in the first degree as defined in section 150.20, robbery  in  the
third  degree as defined in section 160.05, robbery in the second degree
as defined in section 160.10, robbery in the first degree as defined  in
section  160.15,  promoting prostitution in the second degree as defined
in section 230.30, promoting prostitution in the first degree as defined
in section 230.32, compelling prostitution as defined in section 230.33,
SEX TRAFFICKING OF A CHILD AS DEFINED IN SECTION 230.34-A, disseminating
indecent material to minors in the first degree as  defined  in  section
235.22,  use  of  a  child in a sexual performance as defined in section
263.05, promoting an obscene sexual performance by a child as defined in
section 263.10, promoting a sexual performance by a child as defined  in
section 263.15, or any felony attempt or conspiracy to commit any of the
foregoing offenses.
  §  6.  Subdivision  1  of section 120.70 of the penal law, as added by
chapter 405 of the laws of 2008, is amended to read as follows:
  1. A person is guilty of luring a child when he or she lures  a  child
into  a motor vehicle, aircraft, watercraft, isolated area, building, or
part thereof, for the purpose of committing against such  child  any  of
the  following  offenses: an offense as defined in section 70.02 of this
chapter; an offense as defined in section 125.25 or 125.27 of this chap-
ter; a felony offense that is a violation of article one hundred  thirty
of  this  chapter; an offense as defined in section 135.25 of this chap-
ter; an offense as defined in sections 230.30, 230.33  [or],  230.34  OR
230.34-A  of  this  chapter;  an  offense as defined in sections 255.25,
255.26, or 255.27 of this chapter; or an offense as defined in  sections
263.05, 263.10, or 263.15 of this chapter. For purposes of this subdivi-
sion "child" means a person less than seventeen years of age. Nothing in
this  section  shall  be deemed to preclude, if the evidence warrants, a
conviction for the commission or  attempted  commission  of  any  crime,
including  but  not  limited  to  a crime defined in article one hundred
thirty-five of this chapter.
  § 7. Subparagraph (i) of paragraph (a) of  subdivision  2  of  section
168-a  of  the  correction law, as amended by chapter 368 of the laws of
2015, 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, 230.34-A, 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  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  seven-
teen  years  of age, 230.05, 230.06, 230.11, 230.12, 230.13, subdivision
two of section 230.30, section 230.32, 230.33, or 230.34  of  the  penal
law,  or section 230.25 of the penal law where the person prostituted is
in fact less than seventeen years old, or

S. 5988--B                          5

  § 8. Paragraph (b) of subdivision 8 of section 700.05 of the  criminal
procedure law, as amended by chapter 368 of the laws of 2015, is 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
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

S. 5988--B                          6

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
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, SEX TRAFFICKING OF A CHILD  AS  DEFINED
IN SECTION 230.34-A 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

S. 5988--B                          7

disclose  the  origin  of  a recording in the first degree as defined in
section 275.40 of the penal law;
  §  9. Paragraph (i) of subdivision 1 of section 440.10 of the criminal
procedure law, as amended by chapter 368 of the laws of 2015, 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 person for prostitution or promoting  pros-
titution)  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,  SEX  TRAFFICKING  OF A CHILD UNDER SECTION
230.34-A 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
  §  10.  Subdivision 2 of section 420.35 of the criminal procedure law,
as amended by chapter 426 of the laws of 2015, is  amended  to  read  as
follows:
  2.  Under no circumstances shall the mandatory surcharge, sex offender
registration fee, DNA databank fee or the crime victim assistance fee be
waived provided, however, that  a  court  may  waive  the  crime  victim
assistance  fee  if  such  defendant  is an eligible youth as defined in
subdivision two of section 720.10 of this chapter, and the imposition of
such fee would work an unreasonable hardship on the  defendant,  his  or
her  immediate  family,  or  any  other  person who is dependent on such
defendant for financial support.  A  court  shall  waive  any  mandatory
surcharge,  DNA  databank  fee and crime victim assistance fee when: (i)
the defendant is convicted of loitering for the purpose of  engaging  in
prostitution  under  section  240.37 of the penal law (provided that the
defendant was not convicted of loitering for the purpose of  patronizing
a person for prostitution); (ii) the defendant is convicted of prostitu-
tion  under  section  230.00  of  the  penal law; (iii) the defendant is
convicted of a violation in the event such conviction is in  lieu  of  a
plea to or conviction for loitering for the purpose of engaging in pros-
titution  under  section  240.37  of  the  penal  law (provided that the
defendant was not alleged to be loitering for the purpose of patronizing
a person for prostitution) or prostitution under section 230.00  of  the
penal  law;  or (iv) the court finds that a defendant is a victim of sex
trafficking under section 230.34 of the penal law or a victim  of  traf-
ficking  in persons under the trafficking victims protection act (United
States Code, Title 22, Chapter 78); OR (V)  THE  COURT  FINDS  THAT  THE
DEFENDANT  IS  A  VICTIM  OF  SEX  TRAFFICKING  OF A CHILD UNDER SECTION
230.34-A OF THE PENAL LAW.
  § 11. Subdivision 1 of section 447-a of the social  services  law,  as
amended  by  section  1  of part G of chapter 58 of the laws of 2010, is
amended to read as follows:
  1. The term "sexually exploited child" means any person under the  age
of  eighteen  who  has been subject to sexual exploitation because he or
she:
  (a) is the victim of the  crime  of  sex  trafficking  as  defined  in
section  230.34  of  the  penal law OR THE CRIME OF SEX TRAFFICKING OF A
CHILD AS DEFINED IN SECTION 230.34-A OF THE PENAL LAW;
  (b) engages in any act as defined in section 230.00 of the penal law;

S. 5988--B                          8

  (c) is a victim of the crime of compelling prostitution as defined  in
section 230.33 of the penal law;
  (d)  engages  in  acts  or  conduct  described  in article two hundred
sixty-three or section 240.37 of the penal law.
  § 12. Subdivision (c) of section 483-bb of the social services law, as
added by chapter 368 of the laws of 2015, is amended to read as follows:
  (c) An individual who is a victim of the conduct prohibited by section
230.33, 230.34, 230.34-A, 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, 230.34-A,
135.35  or  135.37  of  the  penal law to recover damages and reasonable
attorney's fees.
  § 13. Paragraph (a) 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:
  (a) The offenses referred to in subparagraph (ii) of paragraph (a)  of
subdivision  one  and  paragraph  (a) of subdivision two of this section
that result in permanent disqualification  shall  include  a  conviction
under  sections  125.12, 125.13, 125.14, 125.15, 125.20, 125.21, 125.22,
125.25, 125.26, 125.27, 130.30, 130.35, 130.45, 130.50, 130.65,  130.66,
130.67,  130.70, 130.75, 130.80, 130.90, 130.95, 130.96, 135.25, 150.20,
230.30,  230.32,  230.34,  230.34-A,  235.22,  263.05,  263.10,  263.11,
263.15, 263.16 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 offenses
committed under a former section of the penal law which would 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.
  § 14. Subdivisions 1 and 2 of section 510-d of the vehicle and traffic
law, as added by chapter 368 of the laws of 2015, are amended to read as
follows:
  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, 230.34-A 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,
230.34-A or 230.40 of the penal law and the holder used a for hire motor
vehicle to commit such crime.
  § 15. Subdivision a of section 3-118 of the administrative code of the
city of New York, as added by local law number 39 of  the  city  of  New
York for the year 2016, is amended to read as follows:
  a.  For  the  purposes  of  this section, the following terms have the
following meanings:
  Homeless youth. The term "homeless youth" means persons under the  age
of  21  who  are  in need of services and are without a place of shelter
where supervision and care are available.
  Runaway youth. The term "runaway youth" means persons under the age of
18 years who are absent from their legal residence without  the  consent
of their parent, legal guardian or custodian.
  Sexually  exploited  youth.  The term "sexually exploited youth" means
persons under the age of 18 who have been subject to sexual exploitation

S. 5988--B                          9

because they (a) are the victim of  the  crime  of  sex  trafficking  as
defined  in  section  230.34  of the penal law; (b) engage in any act as
defined in section 230.00 of the penal law; (c)  are  a  victim  of  the
crime  of  compelling  prostitution  as defined in section 230.33 of the
penal law; (D) ARE A VICTIM OF THE CRIME OF SEX TRAFFICKING OF  A  CHILD
AS  DEFINED IN SECTION 230.34-A OF THE PENAL LAW; or [(d)] (E) engage in
acts or conduct described in article 263 or section 240.37 of the  penal
law.  The term shall also mean persons under the age of 18 who have been
subject to incest in the third degree, second degree or first degree, as
defined in sections 255.25, 255.26, and 255.27 of the penal law, respec-
tively, or any of the sex offenses enumerated  in  article  130  of  the
penal law.
  §  16. Subparagraph i of paragraph 7 of subdivision a of section 9-131
of the administrative code of the city of New York, as  added  by  local
law  number  58 of the city of New York for the year 2014, is amended to
read as follows:
  i. a felony defined in any of the following sections of the penal law:
120.01, 120.02, 120.03, 120.04,  120.04-a(4),  120.05,  120.06,  120.07,
120.08,  120.09, 120.10, 120.11, 120.12, 120.13, 120.18, 120.25, 120.55,
120.60, 120.70, 121.12, 121.13, 125.10, 125.11, 125.12, 125.13,  125.14,
125.15,  125.20, 125.21, 125.22, 125.25, 125.26, 125.27, 125.40, 125.45,
130.25,  130.30,  130.35,  130.40,  130.45,  130.50,   130.53,   130.65,
130.65-a,  130.66,  130.67,  130.70,  130.75,  130.80,  130.85,  130.90,
130.95, 130.96, 135.10, 135.20, 135.25,  135.35,  135.50,  135.65(2)(b),
140.17,  140.25, 140.30, 145.12, 150.05, 150.10, 150.15, 150.20, 160.05,
160.10, 160.15, 195.07, 195.08, 195.17, 215.11, 215.12, 215.13,  215.15,
215.16,  215.17, 215.51, 215.52, 220.18, 220.21, 220.28, 220.41, 220.43,
220.44, 220.48,  220.77,  230.05,  230.06,  230.19,  230.25(2),  230.30,
230.32,  230.33,  230.34,  230.34-A,  235.22,  240.06,  240.55,  240.60,
240.61, 240.62, 240.63, 240.75, 241.05, 255.26, 255.27, 260.25,  260.32,
260.34,  263.05,  263.10,  263.11,  263.15,  263.16,  263.30,  265.01-a,
265.01-b, 265.02(2) through (8), 265.03, 265.04, 265.08, 265.09, 265.10,
265.11, 265.12,  265.13,  265.14,  265.16,  265.17,  265.19,  265.35(2),
270.30,  270.35,  405.16(1),  405.18,  460.22,  470.21,  470.22, 470.23,
470.24, 490.10, 490.15, 490.20, 490.25, 490.30, 490.35, 490.37,  490.40,
490.45, 490.47, 490.50, or 490.55;
  § 17. Subparagraph i of paragraph 6 of subdivision a of section 14-154
of  the  administrative  code of the city of New York, as added by local
law number 59 of the city of New York for the year 2014, is  amended  to
read as follows:
  i. a felony defined in any of the following sections of the penal law:
120.01,  120.02,  120.03,  120.04,  120.04-a(4), 120.05, 120.06, 120.07,
120.08, 120.09, 120.10, 120.11, 120.12, 120.13, 120.18, 120.25,  120.55,
120.60,  120.70, 121.12, 121.13, 125.10, 125.11, 125.12, 125.13, 125.14,
125.15, 125.20, 125.21, 125.22, 125.25, 125.26, 125.27, 125.40,  125.45,
130.25,   130.30,   130.35,  130.40,  130.45,  130.50,  130.53,  130.65,
130.65-a,  130.66,  130.67,  130.70,  130.75,  130.80,  130.85,  130.90,
130.95,  130.96,  135.10,  135.20, 135.25, 135.35, 135.50, 135.65(2)(b),
140.17, 140.25, 140.30, 145.12, 150.05, 150.10, 150.15, 150.20,  160.05,
160.10,  160.15, 195.07, 195.08, 195.17, 215.11, 215.12, 215.13, 215.15,
215.16, 215.17, 215.51, 215.52, 220.18, 220.21, 220.28, 220.41,  220.43,
220.44,  220.48,  220.77,  230.05,  230.06,  230.19,  230.25(2), 230.30,
230.32,  230.33,  230.34,  230.34-A,  235.22,  240.06,  240.55,  240.60,
240.61,  240.62, 240.63, 240.75, 241.05, 255.26, 255.27, 260.25, 260.32,
260.34,  263.05,  263.10,  263.11,  263.15,  263.16,  263.30,  265.01-a,
265.01-b,  265.02  (2)  through  (8),  265.03,  265.04,  265.08, 265.09,

S. 5988--B                         10

265.10,  265.11,  265.12,  265.13,  265.14,  265.16,   265.17,   265.19,
265.35(2),  270.30,  270.35,  405.16(l), 405.18, 460.22, 470.21, 470.22,
470.23, 470.24, 490.10, 490.15, 490.20, 490.25, 490.30, 490.35,  490.37,
490.40, 490.45, 490.47, 490.50, or 490.55;
  § 18. Paragraph (iii) of subdivision (e) of section 1012 of the family
court  act,  as amended by section 1 of part L of chapter 56 of the laws
of 2017, is amended to read as follows:
  (iii) (A) commits, or allows to be committed an offense  against  such
child  defined  in  article  one  hundred  thirty  of the penal law; (B)
allows, permits or encourages such child to engage in any act  described
in  sections 230.25, 230.30 [and], 230.32 AND 230.34-A of the penal law;
(C) commits any of the acts described in  sections  255.25,  255.26  and
255.27  of  the  penal  law;  (D) allows such child to engage in acts or
conduct described in article two hundred sixty-three of the  penal  law;
or  (E) permits or encourages such child to engage in any act or commits
or allows to be committed against such  child  any  offense  that  would
render  such  child  either  a  victim of sex trafficking or a victim of
severe forms of trafficking in persons pursuant to  22  U.S.C.  7102  as
enacted  by  public  law  106-386  or any successor federal statute; (F)
provided, however, that (1) the corroboration requirements contained  in
the penal law and (2) the age requirement for the application of article
two hundred sixty-three of such law shall not apply to proceedings under
this article.
  §  19.  Subdivision (f) of section 10.03 of the mental hygiene law, as
amended by chapter 405 of the laws  of  2010,  is  amended  to  read  as
follows:
  (f) "Designated felony" means any felony offense defined by any of the
following  provisions  of the penal law: assault in the second degree as
defined in section 120.05, assault in the first  degree  as  defined  in
section  120.10, gang assault in the second degree as defined in section
120.06, gang assault in the first degree as defined in  section  120.07,
stalking in the first degree as defined in section 120.60, strangulation
in  the second degree as defined in section 121.12, strangulation in the
first degree as defined in section 121.13, manslaughter  in  the  second
degree  as defined in subdivision one of section 125.15, manslaughter in
the first degree as defined in section  125.20,  murder  in  the  second
degree  as  defined  in  section 125.25, aggravated murder as defined in
section 125.26, murder in the first degree as defined in section 125.27,
kidnapping in the second degree as defined in section 135.20, kidnapping
in the first degree as defined in section 135.25, burglary in the  third
degree  as  defined  in section 140.20, burglary in the second degree as
defined in section 140.25, burglary in the first degree  as  defined  in
section 140.30, arson in the second degree as defined in section 150.15,
arson  in  the first degree as defined in section 150.20, robbery in the
third degree as defined in section 160.05, robbery in the second  degree
as  defined in section 160.10, robbery in the first degree as defined in
section 160.15, promoting prostitution in the second degree  as  defined
in section 230.30, promoting prostitution in the first degree as defined
in section 230.32, compelling prostitution as defined in section 230.33,
SEX TRAFFICKING OF A CHILD AS DEFINED IN SECTION 230.34-A, disseminating
indecent  material  to  minors in the first degree as defined in section
235.22, use of a child in a sexual performance  as  defined  in  section
263.05, promoting an obscene sexual performance by a child as defined in
section  263.10, promoting a sexual performance by a child as defined in
section 263.15, or any felony attempt or conspiracy to commit any of the
foregoing offenses.

S. 5988--B                         11

  § 20. Section 2324-a of the public health law, as amended  by  chapter
368 of the laws of 2015, is amended to read as follows:
  § 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, 230.30 [or],
230.32 OR 230.34-A 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.
  § 21. Subdivision 5 of section 621 of the executive law, as amended by
section  1  of  part  H of chapter 55 of the laws of 2017, is amended to
read as follows:
  5. "Victim" shall mean (a) a  person  who  suffers  personal  physical
injury  as a direct result of a crime; (b) a person who is the victim of
either the crime of (1) unlawful imprisonment in  the  first  degree  as
defined in section 135.10 of the penal law, (2) kidnapping in the second
degree  as defined in section 135.20 of the penal law, (3) kidnapping in
the first degree as defined in section 135.25  of  the  penal  law,  (4)
menacing  in  the first degree as defined in section 120.13 of the penal
law, (5) criminal obstruction  of  breathing  or  blood  circulation  as
defined in section 121.11 of the penal law, (6) harassment in the second
degree  as defined in section 240.26 of the penal law, (7) harassment in
the first degree as defined in section 240.25  of  the  penal  law,  (8)
aggravated  harassment  in  the  second degree as defined in subdivision
three or five of section 240.30 of the penal law, (9) aggravated harass-
ment in the first degree as defined in subdivision two of section 240.31
of the penal law, (10) criminal contempt in the first degree as  defined
in  subdivision  (b)  or  subdivision (c) of section 215.51 of the penal
law, (11) stalking in the fourth,  third,  second  or  first  degree  as
defined  in sections 120.45, 120.50, 120.55 and 120.60 of the penal law,
(12) labor trafficking as defined in section 135.35 of  the  penal  law,
[or] (13) sex trafficking as defined in section 230.34 of the penal law;
OR (14) SEX TRAFFICKING OF A CHILD AS DEFINED IN SECTION 230.34-A OF THE
PENAL  LAW;  a vulnerable elderly person or an incompetent or physically
disabled person as defined in section 260.31 of the penal law who incurs
a loss of savings as defined in subdivision twenty-four of this section;
or a person who has had a frivolous lawsuit filed against them.
  § 22. Subdivision 1 of section 631 of the executive law, as amended by
section 22 of part A-1 of chapter 56 of the laws of 2010, is amended  to
read as follows:
  1. No award shall be made unless the office finds that (a) a crime was
committed,  (b) such crime directly resulted in personal physical injury
to or the exacerbation of a preexisting  disability,  or  condition,  or
death  of, the victim, and (c) criminal justice agency records show that
such crime was promptly reported to the proper authorities;  and  in  no
case may an award be made where the criminal justice agency records show
that  such  report  was  made more than one week after the occurrence of
such crime unless the office, for good cause shown, finds the  delay  to
have  been  justified;  provided, however, in cases involving an alleged
sex offense as contained in article one hundred thirty of the penal  law
or  incest  as  defined in section 255.25, 255.26 or 255.27 of the penal
law or labor trafficking as defined in section 135.35 of the  penal  law
or  sex trafficking as defined in [section] SECTIONS 230.34 AND 230.34-A
of the penal law or  an  offense  chargeable  as  a  family  offense  as

S. 5988--B                         12

described  in  section  eight  hundred twelve of the family court act or
section 530.11 of the criminal procedure law, the criminal justice agen-
cy report need only be made within a reasonable time considering all the
circumstances,  including  the  victim's  physical, emotional and mental
condition and family situation. For the purposes  of  this  subdivision,
"criminal justice agency" shall include, but not be limited to, a police
department,  a  district  attorney's  office, and any other governmental
agency having responsibility for the enforcement of the criminal laws of
the state provided, however, that in cases involving such sex offense  a
criminal  justice  agency shall also mean a family court, a governmental
agency responsible for child and/or adult protective  services  pursuant
to  title six of article six of the social services law and/or title one
of article nine-B of the social services law, and any  medical  facility
established  under  the laws of the state that provides a forensic phys-
ical examination for victims of rape and sexual assault.
  § 23. Paragraph f of subdivision 1 of section 410 of the general busi-
ness law, as amended by chapter 80 of the laws of 2015,  is  amended  to
read as follows:
  f.  Conviction  of any of the following crimes subsequent to the issu-
ance of a license or registration pursuant to this article: fraud pursu-
ant to sections 170.10,  170.15,  176.15,  176.20,  176.25,  176.30  and
190.65;  falsifying  business  records pursuant to section 175.10; grand
larceny pursuant to article 155; bribery pursuant  to  sections  180.03,
180.08,  180.15, 180.25, 200.00, 200.03, 200.04, 200.10, 200.11, 200.12,
200.45, 200.50; perjury pursuant to  sections  210.10,  210.15,  210.40;
assault  pursuant  to  sections  120.05, 120.10, 120.11, 120.12; robbery
pursuant to article  160;  homicide  pursuant  to  sections  125.25  and
125.27;  manslaughter pursuant to sections 125.15 and 125.20; kidnapping
and unlawful  imprisonment  pursuant  to  sections  135.10,  135.20  and
135.25;  unlawful weapons possession pursuant to sections 265.02, 265.03
and 265.04; criminal use of a weapon pursuant  to  sections  265.08  and
265.09;  criminal  sale  of  a  weapon  pursuant  to sections 265.11 and
265.12; compelling prostitution pursuant to section  230.33;  sex  traf-
ficking  pursuant to section 230.34; SEX TRAFFICKING OF A CHILD PURSUANT
TO SECTION 230.34-A; and sex offenses pursuant to  article  130  of  the
penal  law.  Provided,  however,  that for the purposes of this article,
none of the  following  shall  be  considered  criminal  convictions  or
reported  as  such:  (i)  a conviction for which an executive pardon has
been issued pursuant to the executive law; (ii) a conviction  which  has
been  vacated  and  replaced  by a youthful offender finding pursuant to
article seven hundred twenty of  the  criminal  procedure  law,  or  the
applicable  provisions  of  law  of  any  other jurisdiction; or (iii) a
conviction the records of which have been expunged or sealed pursuant to
the applicable provisions of the laws of this  state  or  of  any  other
jurisdiction; and (iv) a conviction for which other evidence of success-
ful rehabilitation to remove the disability has been issued.
  §  24.  This act shall take effect on the ninetieth day after it shall
have become a law.

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The New York State Senate

senate Bill S5988A

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Archive: Last Bill Status Via A6823 - Signed by Governor

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senate Bill S5988A

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Sponsored By

Archive: Last Bill Status Via A6823 - Signed by Governor

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Actions

Votes

Jun 13, 2018 - floor Vote

Floor Vote: Jun 13, 2018

May 8, 2018 - floor Vote

Floor Vote: May 8, 2018

May 8, 2018 - Rules committee Vote

Rules Committee Vote: May 8, 2018

Mar 20, 2018 - Codes committee Vote

Codes Committee Vote: Mar 20, 2018

Jun 20, 2017 - floor Vote

Floor Vote: Jun 20, 2017

Jun 20, 2017 - Rules committee Vote

Committee Vote: Jun 20, 2017

May 23, 2017 - Codes committee Vote

Committee Vote: May 23, 2017

Bill Amendments

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S5988 - Details

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