Senate Bill S1352

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1352
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2023
                                ___________
 
 Introduced  by  Sens.  KRUEGER,  BRESLIN,  CLEARE, LIU -- 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 certain prostitution
   offenses and fines relating thereto; to amend the  criminal  procedure
   law,  in  relation  to  motions to vacate judgment and motions for new
   sentencing; to amend the education law, in relation  to  investigation
   into  acts  alleged to be the unauthorized practice of massage therapy
   by potential victims of human trafficking; to amend the civil practice
   law and rules, the criminal procedure  law and the executive  law,  in
   relation  to prohibiting   possession   of   reproductive   or  sexual
   health devices from being permitted in  specified  criminal  or  civil
   proceedings  as  evidence of prostitution; to amend the executive law,
   in relation to the maximum age at which a homeless youth can  continue
   to  receive  shelter services; to amend the executive law, in relation
   to human trafficking and sexual exploitation awareness; to  amend  the
   county  law, in   relation to duties of the sheriff; to amend the town
   law, in relation to the duties of police officers and  constables;  to
   amend  the  social services law, in relation to services for exploited
   individuals, services for victims of human trafficking and the intera-
   gency  task  force  on  human trafficking; to amend the state  finance
   law,  in  relation  to establishing the victims of sexual exploitation
   fund; to amend the administrative code of the city of  New  York,  the
   criminal  procedure  law,  the family court act, the multiple dwelling
   law, the public health law, the real property law, the  real  property
   actions  and  proceedings  law  and  the  vehicle  and traffic law, in
   relation to making conforming changes; and to repeal section 230.00 of
   the penal law relating to prostitution, section 230.03  of  the  penal
   law relating to prostitution in a school zone, section 230.07 relating
   to a defense against patronizing a person for prostitution, and subdi-
   vision 4 of section 170.30 of the criminal procedure law relating to a
   motion      to      dismiss     information, simplified   information,
   prosecutor's information or misdemeanor complaint
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05060-01-3
              

 S. 1352                             2
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. This act shall be known and may be cited as the "sex trade
 survivors justice and equality act".
   § 2. Section 230.01 of the penal law, as amended by chapter 23 of  the
 laws of 2021, is amended to read as follows:
 § 230.01 Prostitution; affirmative defense.
   In  any  prosecution  under  [section 230.00, section 230.03,] section
 230.19, section 230.20, subdivision [2] TWO of section 230.25,  subdivi-
 sion  [2]  TWO of section 230.30 or section 230.34-a of this article, 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 of this article, 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. Section 230.02 of the penal law, as amended  by  chapter  627  of
 laws  of 1978, the section heading and subdivision 1 as amended by chap-
 ter 368 of the laws of 2015, is amended to read as follows:
 § 230.02 Patronizing a person for prostitution; definitions.
   1. A person patronizes a person for prostitution when:
   (a) Pursuant to a prior understanding,  he  or  she  pays  a  fee,  OR
 ANYTHING  OF VALUE, to another person as compensation for such person or
 a third person having engaged in sexual conduct with him or her; or
   (b) He or she pays or agrees to pay a fee, OR ANYTHING  OF  VALUE,  to
 another person pursuant to an understanding that in return therefor such
 person  or a third person will engage in sexual conduct with him or her;
 or
   (c) He or she solicits or requests another person to engage in  sexual
 conduct with him or her in return for a fee, OR ANYTHING OF VALUE.
   2. As used in this article[,]:
   (A)  "person who is patronized" means the person with whom the defend-
 ant engaged in sexual conduct or was to have engaged in  sexual  conduct
 pursuant  to  the  understanding,  or  the  person  who was solicited or
 requested by the defendant to engage in sexual conduct;
   (B) "PROSTITUTION" MEANS THE ACT OF ENGAGING IN OR AGREEING TO  ENGAGE
 IN SEXUAL CONDUCT WITH ANOTHER PERSON IN RETURN FOR A FEE OR ANYTHING OF
 VALUE THAT IS GIVEN OR RECEIVED BY A PERSON.
   §  4. Section 230.15 of the penal law, subdivisions 1 and 2 as amended
 by chapter 368 of the laws of 2015, is amended to read as follows:
 § 230.15 Promoting prostitution; definitions of terms.
   The following definitions are applicable to this article:
   1. "Advance prostitution."  A  person  "advances  prostitution"  when,
 acting  other than as a person in prostitution [or as a patron thereof],
 he or she knowingly causes or aids a person to commit or engage in pros-
 titution,  procures  or  solicits  patrons  for  prostitution,  provides
 persons  or  premises  for prostitution purposes, operates or assists in
 the operation of a house of prostitution or a  prostitution  enterprise,
 or engages in any other conduct designed to institute, aid or facilitate
 an act or enterprise of prostitution.
   2.  "Profit  from  prostitution." A person "profits from prostitution"
 when, acting other than as a person in  prostitution  receiving  compen-
 sation  for personally rendered prostitution services, he or she accepts
 or receives money or other property pursuant to an agreement  or  under-
 S. 1352                             3
 
 standing with any person whereby he or she participates or is to partic-
 ipate in the proceeds of prostitution activity.
   3.    "PROSTITUTION."   "PROSTITUTION" MEANS THE ACT OF ENGAGING IN OR
 AGREEING TO ENGAGE IN SEXUAL CONDUCT WITH ANOTHER PERSON IN RETURN FOR A
 FEE OR ANYTHING OF VALUE THAT IS GIVEN OR RECEIVED BY A PERSON.
   § 5. Section 230.19 of the penal law, as added by chapter 191  of  the
 laws  of  2011,  subdivision  1 as amended by chapter 368 of the laws of
 2015, is amended to read as follows:
 § 230.19 Promoting prostitution in a school zone.
   1. A person is guilty of promoting prostitution in a school zone when,
 being nineteen years old or  more,  he  or  she  knowingly  advances  or
 profits from prostitution that he or she knows or reasonably should know
 is or will be committed [in violation of section 230.03 of this article]
 in a school zone during the hours that school is in session.
   2.  For  purposes  of  this section, "school zone" [shall mean "school
 zone" as defined in subdivision two of section 230.03 of  this  article]
 MEANS  (A)  IN OR ON OR WITHIN ANY BUILDING, STRUCTURE, ATHLETIC PLAYING
 FIELD, PLAYGROUND OR LAND CONTAINED WITHIN THE  REAL  PROPERTY  BOUNDARY
 LINE  OF A PUBLIC OR PRIVATE ELEMENTARY, PAROCHIAL, INTERMEDIATE, JUNIOR
 HIGH, VOCATIONAL, OR HIGH SCHOOL, OR (B) ANY  PUBLIC  SIDEWALK,  STREET,
 PARKING LOT, PARK, PLAYGROUND OR PRIVATE LAND, LOCATED IMMEDIATELY ADJA-
 CENT TO THE BOUNDARY LINE OF SUCH SCHOOL.
   Promoting prostitution in a school zone is a class E felony.
   § 6. Section 230.35 of the penal law, as amended by chapter 368 of the
 laws of 2015, is amended to read as follows:
 § 230.35 Promoting or compelling prostitution; accomplice.
   In  a  prosecution  for promoting prostitution or compelling prostitu-
 tion, a person [less than eighteen years old]  from  whose  prostitution
 activity  another  person  is  alleged  to have advanced or attempted to
 advance or profited or attempted to profit shall not be deemed to be  an
 accomplice.
   §  7.  Subdivision  1 of section 80.05 of the penal law, as amended by
 chapter 669 of the laws of 1984, is amended to read as follows:
   1. Class A misdemeanor. A sentence to pay a fine for a class A  misde-
 meanor  shall  be  a  sentence to pay an amount, fixed by the court, not
 exceeding one thousand  dollars,  provided,  however,  that  a  sentence
 imposed  for a violation of section 215.80 of this chapter may include a
 fine in an amount equivalent to double the value of the property  unlaw-
 fully  disposed of in the commission of the crime; PROVIDED HOWEVER THAT
 NO SENTENCE IMPOSED BY THIS SECTION SHALL BE IMPOSED ON  ANY  INDIVIDUAL
 SENTENCED UNDER SUBDIVISION ONE OF SECTION 80.20 OF THIS ARTICLE.
   § 8. The penal law is amended by adding a new section 80.20 to read as
 follows:
 § 80.20 IMPOSITION OF FINES IN RELATION TO CERTAIN VIOLATIONS OF ARTICLE
           230.
   1.  A PERSON WHOSE VIOLATION OF SECTION 230.04 OF THIS CHAPTER RESULTS
 IN A JUDICIAL DISPOSITION OTHER THAN ACQUITTAL, ADJOURNMENT  IN  CONTEM-
 PLATION  OF  DISMISSAL  OR DISMISSAL SHALL BE REQUIRED TO PAY A FINE, AS
 FIXED BY THE COURT BASED ON THE DEFENDANT'S  "NET  TAXABLE  INCOME,"  AS
 DEFINED  IN  SUBDIVISION FOUR OF THIS SECTION, WHICH SHALL BE DETERMINED
 BY THE COMPLETION OF A COMPULSORY FINANCIAL DISCLOSURE AT  THE  TIME  OF
 SENTENCING.    THE  FINE  SHALL  BE DISTRIBUTED TO THE VICTIMS OF SEXUAL
 EXPLOITATION FUND ESTABLISHED BY SECTION NINETY-SEVEN-BBBB OF THE  STATE
 FINANCE  LAW.    NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE PENALTY
 IMPOSED UNDER THIS SECTION SHALL BE A SUBSTITUTE FOR ANY  FINES  IMPOSED
 UNDER SUBDIVISION ONE OF SECTION 80.05 OF THIS ARTICLE.
 S. 1352                             4
 
   2. AFTER THE COMPLETION OF A COMPULSORY FINANCIAL DISCLOSURE, IF IT IS
 DETERMINED  THAT  A  DEFENDANT IS IN A FINANCIAL POSITION TO PAY A FINE,
 SUCH DEFENDANT SHALL PAY A FINE CALCULATED AS PROVIDED IN THIS  SUBDIVI-
 SION.    EXCEPT FOR INDIVIDUALS WHO ARE DETERMINED TO BE UNABLE TO PAY A
 FINE, THE SCHEDULE OF FINES SHALL BE AS FOLLOWS:
    AMOUNT OF NET TAXABLE INCOME:             SCHEDULE OF FINES:
    (A) LESS THAN THIRTY THOUSAND             FIFTY DOLLARS
    DOLLARS
    (B) THIRTY THOUSAND DOLLARS OR            ONE HUNDRED DOLLARS
    MORE, BUT LESS THAN FIFTY
    THOUSAND DOLLARS
    (C) FIFTY THOUSAND DOLLARS OR             TWO HUNDRED DOLLARS
    MORE, BUT LESS THAN SEVENTY-FIVE
    THOUSAND DOLLARS
    (D) SEVENTY-FIVE THOUSAND DOLLARS         THREE HUNDRED DOLLARS
    OR MORE, BUT LESS THAN ONE HUNDRED
    THOUSAND DOLLARS
    (E) ONE HUNDRED THOUSAND DOLLARS OR       FIVE HUNDRED DOLLARS
    MORE, BUT LESS THAN ONE HUNDRED FIFTY
    THOUSAND DOLLARS
    (F) ONE HUNDRED FIFTY THOUSAND            SEVEN HUNDRED DOLLARS
    DOLLARS OR MORE, BUT LESS THAN TWO
    HUNDRED THOUSAND DOLLARS
    (G) GREATER THAN TWO HUNDRED              ONE THOUSAND DOLLARS
    THOUSAND DOLLARS
   3.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW,  A  PERSON  WHOSE
 VIOLATION OF  ANY  OFFENSE  ENUMERATED  UNDER  SECTION  230.05,  230.06,
 230.19,  230.20,  230.25, 230.30, 230.32, 230.33, 230.34, OR 230.34-A OF
 THIS CHAPTER THAT RESULTS IN A JUDICIAL DISPOSITION OTHER  THAN  ACQUIT-
 TAL,  ADJOURNMENT IN CONTEMPLATION OF DISMISSAL OR DISMISSAL SHALL PAY A
 FINE THE SUM OF WHICH WILL BE CALCULATED AT THE TIME OF SENTENCING, ON A
 SLIDING SCALE, BASED ON THEIR NET TAXABLE INCOME, WHICH SHALL BE  DETER-
 MINED  BY  THE COMPLETION OF A COMPULSORY FINANCIAL DISCLOSURE. IF IT IS
 DETERMINED THAT SUCH DEFENDANT IS IN  A  FINANCIAL  POSITION  TO  PAY  A
 PRESCRIBED FINE, SUCH DEFENDANT SHALL PAY A FINE IN ONE OF THE FOLLOWING
 AMOUNTS TO THE COURT, TO BE DISTRIBUTED TO THE VICTIMS OF SEXUAL EXPLOI-
 TATION  FUND  ESTABLISHED  BY  SECTION  NINETY-SEVEN-BBBB  OF  THE STATE
 FINANCE LAW.
   (A) A PERSON CONVICTED OF A FIRST OFFENSE SHALL PAY A FINE OF NOT LESS
 THAN ONE THOUSAND DOLLARS AND NOT MORE THAN THE MAXIMUM AMOUNT  APPLICA-
 BLE UNDER SECTION 80.00 OF THIS ARTICLE.
   (B)  A  PERSON  CONVICTED  OF A SECOND OFFENSE SHALL PAY A FINE OF NOT
 LESS THAN FIVE THOUSAND  DOLLARS  NOR  MORE  THAN  TWENTY-FIVE  THOUSAND
 DOLLARS.
   (C)  A  PERSON  CONVICTED OF A THIRD OR SUBSEQUENT OFFENSE SHALL PAY A
 FINE OF NOT LESS THAN TEN THOUSAND DOLLARS NOR MORE THAN FIFTY  THOUSAND
 DOLLARS.
   4. (A) IF THE DEFENDANT IS ASSESSED A FINE OR FEE BY THE COURT BUT CAN
 PROVE  THEY WILL HAVE FINANCIAL DIFFICULTY PAYING THE AMOUNT IN ONE LUMP
 SUM AN INSTALLMENT PAYMENT PLAN MAY BE PROVIDED  AS  DESCRIBED  IN  THIS
 SUBDIVISION.  ANY SUCH INSTALLMENT PAYMENT PLAN SHALL INCLUDE ALL FINES,
 FEES AND MANDATORY SURCHARGES AND SHALL CONSIST OF MONTHLY PAYMENTS THAT
 DO NOT EXCEED TWO PERCENT OF SUCH PERSON'S MONTHLY NET TAXABLE INCOME OR
 TEN  DOLLARS  PER  MONTH,  WHICHEVER IS GREATER. FOR THE PURPOSE OF THIS
 SUBDIVISION, THE TERM "NET TAXABLE INCOME" MEANS A PERSON'S TOTAL INCOME
 FROM ALL SOURCES AND ASSETS, MINUS DEDUCTIONS REQUIRED BY LAW  INCLUDING
 S. 1352                             5

 BUT NOT LIMITED TO  ADMINISTRATIVE  OR  COURT-ORDERED  GARNISHMENTS  AND
 SUPPORT    PAYMENTS.    A  COURT  OR  HEARING  OFFICER  MAY  REQUIRE THE
 SUBMISSION OF A FINANCIAL DISCLOSURE REPORT FROM ALL PERSONS WHO OPT  TO
 ENTER  INTO  INSTALLMENT  PAYMENT PLANS. A COURT OR HEARING OFFICER ALSO
 MAY ACCEPT PAYMENTS HIGHER THAN THE SET AMOUNT, BUT  MAY  NOT  UNDERTAKE
 ADDITIONAL  COLLECTION  ACTIVITY  SO LONG AS THE PERSON MEETS HIS OR HER
 OBLIGATIONS UNDER THE INSTALLMENT PAYMENT PLAN.    A  COURT  OR  HEARING
 OFFICER  MAY  REQUIRE  A  PERSON  ENTERING  INSTALLMENT PAYMENT PLANS TO
 APPEAR PERIODICALLY BEFORE SUCH COURT OR HEARING OFFICER,  BUT  NO  MORE
 FREQUENTLY  THAN ANNUALLY, TO ASSESS HIS OR HER FINANCIAL CIRCUMSTANCES,
 AND MAY SET A NEW PAYMENT AMOUNT  IF  SUCH  PERSON'S  FINANCIAL  CIRCUM-
 STANCES  HAVE CHANGED.   A PERSON WHO ENTERS INTO AN INSTALLMENT PAYMENT
 PLAN AND EXPERIENCES A REDUCTION IN NET TAXABLE INCOME MAY PETITION  THE
 COURT  OR HEARING OFFICER AT ANY TIME TO SEEK A REDUCTION IN THE MONTHLY
 PAYMENT.
   (B)  THE COURT OR HEARING OFFICER SHALL HAVE  THE  DISCRETION  IN  THE
 INTERESTS  OF  JUSTICE TO REDUCE OR WAIVE THE AMOUNT OF ANY FINE, FEE OR
 MANDATORY SURCHARGE ASSESSED FOR A VIOLATION OF ANY OF THE PROVISIONS OF
 THIS CHAPTER.
   5. FINES COLLECTED UNDER THIS ARTICLE  SHALL  BE  DEPOSITED  INTO  THE
 VICTIMS OF SEXUAL EXPLOITATION FUND CREATED BY SECTION NINETY-SEVEN-BBBB
 OF THE STATE FINANCE LAW AND DISTRIBUTED IN THE FOLLOWING MANNER:
   (A)  SUBJECT  TO  THE  AVAILABILITY  OF  FUNDS, FIFTY PERCENT SHALL BE
 DISTRIBUTED BY THE OFFICE OF VICTIM SERVICES TO MAKE GRANTS  TO  VICTIMS
 OF  SEXUAL EXPLOITATION FUND CREATED BY SECTION NINETY-SEVEN-BBBB OF THE
 STATE FINANCE LAW.  SUBJECT TO THE AVAILABILITY OF FUNDS, THE OFFICE  OF
 VICTIM  SERVICES SHALL MAKE GRANTS TO VICTIMS OF SEXUAL EXPLOITATION AND
 SEX TRAFFICKING WHO DO NOT OTHERWISE QUALIFY FOR FUNDS  FROM  THE  CRIME
 VICTIMS  COMPENSATION FUND.   SUCH AVAILABLE FUNDS MAY BE USED TO REMEDY
 PERSONAL INJURY, LOSS OF ESSENTIAL PERSONAL PROPERTY, MEDICAL AND  COUN-
 SELING  SERVICES,  LOST WAGES, SAVINGS, OR LOST SUPPORT, TRANSPORTATION,
 OCCUPATIONAL/VOCATIONAL REHABILITATION, USE OF SHELTERS BY  VICTIMS  AND
 THEIR  CHILDREN,  HOUSING  AND  MOVING  EXPENSES  AND OTHER COSTS AND/OR
 EXPENSES AS THE TASK FORCE DEEMS APPROPRIATE.
   (B) THE REMAINING FIFTY PERCENT OF SUCH FUNDS SHALL  BE  ALLOCATED  TO
 VARIOUS  JURISDICTIONS  AND  LOCALITIES AS THE INTERAGENCY TASK FORCE ON
 HUMAN TRAFFICKING DEEMS APPROPRIATE IN ORDER TO:
   (1) DEVELOP, EXPAND OR STRENGTHEN PROGRAMS FOR VICTIMS OF HUMAN  TRAF-
 FICKING AND SEXUAL EXPLOITATION, INCLUDING:
   (I) HEALTH SERVICES, INCLUDING MENTAL HEALTH SERVICES;
   (II) TEMPORARY AND PERMANENT HOUSING PLACEMENT;
   (III) LEGAL AND IMMIGRATION SERVICES;
   (IV) EMPLOYMENT PLACEMENT, EDUCATION AND TRAINING; AND
   (V) SAFE HARBOUR PROGRAMS FOR SEXUALLY EXPLOITED CHILDREN;
   (2)  ENSURE  PREVENTION  OF HUMAN TRAFFICKING AND SEXUAL EXPLOITATION,
 INCLUDING INCREASING PUBLIC AWARENESS; AND/OR
   (3) ENSURE PROTECTION OF  VICTIMS  OF  HUMAN  TRAFFICKING  AND  SEXUAL
 EXPLOITATION, INCLUDING TRAINING OF FIRST RESPONDERS.
   § 9. Section 230.00 of the penal law is REPEALED.
   § 10. Section 230.03 of the penal law is REPEALED.
   § 11. Section 230.07 of the penal law is REPEALED.
   §  12. Section 1.20 of the criminal procedure law is amended by adding
 a new subdivision 46 to read as follows:
   46. "VACATUR" OF CONVICTIONS UNDER PARAGRAPH (I) OF SUBDIVISION ONE OF
 SECTION 440.10 OF THIS  CHAPTER  MEANS,  TO  DISMISS  THE  JUDGMENT,  TO
 DISMISS THE ACCUSATORY INSTRUMENT, AND MARK ALL RECORDS AS VACATED BASED
 S. 1352                             6
 
 ON  THE  MERITS. THE COURT SHALL MAKE A COPY OF ALL OFFICIAL RECORDS AND
 PAPERS AVAILABLE TO THE DEFENDANT.
   §  13.  The  criminal procedure law is amended by adding a new section
 440.46-b to read as follows:
 § 440.46-B MOTION FOR RESENTENCE; PERSONS CONVICTED OF CERTAIN PROSTITU-
             TION OFFENSES.
   1. WHEN A PERSON HAS BEEN CONVICTED, WHETHER BY TRIAL VERDICT OR GUIL-
 TY PLEA, UNDER FORMER SECTION 230.00, 230.03 OR 240.37 OF THE PENAL LAW,
 THEN THE CHIEF ADMINISTRATIVE JUDGE OF THE STATE OF NEW YORK  SHALL,  IN
 ACCORDANCE  WITH THIS SECTION, AUTOMATICALLY VACATE, DISMISS AND EXPUNGE
 SUCH CONVICTION IN ACCORDANCE WITH SECTION 160.50 OF THIS  CHAPTER,  AND
 THE  OFFICE  OF  COURT ADMINISTRATION SHALL IMMEDIATELY NOTIFY THE STATE
 DIVISION OF CRIMINAL JUSTICE SERVICES, STATE DEPARTMENT  OF  CORRECTIONS
 AND COMMUNITY SUPERVISION AND THE APPROPRIATE LOCAL CORRECTIONAL FACILI-
 TY  WHICH  SHALL  IMMEDIATELY  EFFECTUATE  THE  APPROPRIATE RELIEF. SUCH
 NOTIFICATION TO THE DIVISION OF CRIMINAL  JUSTICE  SERVICES  SHALL  ALSO
 DIRECT  THAT  SUCH AGENCY NOTIFY ALL RELEVANT POLICE AND LAW ENFORCEMENT
 AGENCIES OF THEIR DUTY TO DESTROY AND/OR MARK RECORDS  RELATED  TO  SUCH
 CASE  IN ACCORDANCE WITH SECTION 160.50 OF THIS CHAPTER. NOTHING IN THIS
 SECTION SHALL PREVENT A PERSON WHO  BELIEVES  HIS  OR  HER  SENTENCE  IS
 REQUIRED  BY  THIS SECTION TO BE VACATED, DISMISSED AND/OR EXPUNGED FROM
 FILING A PETITION WITH THE COURT TO EFFECTUATE ALL APPROPRIATE RELIEF.
   2. (A) WHEN A PERSON HAS BEEN CONVICTED  IN  THIS  STATE,  WHETHER  BY
 TRIAL  VERDICT  OR  GUILTY  PLEA, UNDER FORMER SECTION 230.00, 230.03 OR
 240.37 OF THE PENAL LAW, THEN SUCH PERSON  MAY  PETITION  THE  COURT  OF
 CONVICTION PURSUANT TO THIS ARTICLE FOR VACATUR OF SUCH CONVICTION.
   (B)  UPON  RECEIVING  A SERVED AND FILED MOTION UNDER PARAGRAPH (A) OF
 THIS SUBDIVISION, THE COURT  SHALL  PRESUME  THE  MOVANT  SATISFIES  THE
 CRITERIA IN SUCH PARAGRAPH (A) AND SHALL GRANT THE MOTION TO VACATE SUCH
 CONVICTION  UNLESS  THE  PARTY  OPPOSING THE MOTION PROVES, BY CLEAR AND
 CONVINCING EVIDENCE, THAT THE MOVANT DOES NOT SATISFY THE  CRITERIA.  IF
 THE  MOVANT  SATISFIES THE CRITERIA, THE COURT SHALL GRANT THE MOTION TO
 VACATE THE CONVICTION IF: (I) THE CONVICTION WAS BY PLEA OF  GUILTY,  ON
 GROUNDS  THAT SUCH PLEA WAS NOT KNOWING, VOLUNTARY AND INTELLIGENT OWING
 TO ONGOING CONSEQUENCES; AND (II)  THE  CONVICTION  WAS  BY  VERDICT  OR
 OTHERWISE,  ON  GROUNDS  THAT  SUCH  CONVICTION AND SENTENCE CONSTITUTES
 CRUEL AND UNUSUAL PUNISHMENT UNDER THE STATE CONSTITUTION OWING TO  SUCH
 ONGOING  CONSEQUENCES;  AND  MAY,  IF THE PETITION MEETS THE CRITERIA IN
 SUBPARAGRAPH (I) OF THIS  PARAGRAPH,  AFTER  AFFORDING  THE  PARTIES  AN
 OPPORTUNITY  TO  BE HEARD AND PRESENT EVIDENCE, SUBSTITUTE, UNLESS IT IS
 NOT IN THE INTERESTS OF JUSTICE TO DO SO, A CONVICTION FOR AN  APPROPRI-
 ATE LESSER OFFENSE UNDER ARTICLE TWO HUNDRED THIRTY OF THE PENAL LAW.
   (C)  IN  THE  EVENT  OF  ANY VACATUR PURSUANT TO THIS SUBDIVISION, THE
 OFFICE OF COURT ADMINISTRATION SHALL IMMEDIATELY NOTIFY THE STATE  DIVI-
 SION  OF  CRIMINAL  JUSTICE SERVICES CONCERNING SUCH DETERMINATION. SUCH
 NOTIFICATION TO THE DIVISION OF CRIMINAL  JUSTICE  SERVICES  SHALL  ALSO
 DIRECT  THAT  SUCH AGENCY NOTIFY ALL RELEVANT POLICE AND LAW ENFORCEMENT
 AGENCIES OF THEIR DUTY TO DESTROY AND/OR MARK RECORDS  RELATED  TO  SUCH
 CASE  IN ACCORDANCE WITH SECTION 160.50 OF THIS CHAPTER, AND UPDATE SUCH
 AGENCIES' RECORDS ACCORDINGLY.
   3. THE CHIEF ADMINISTRATOR OF THE COURTS SHALL PROMULGATE  ALL  NECES-
 SARY  RULES  AND MAKE AVAILABLE ALL NECESSARY FORMS TO ENABLE THE FILING
 OF THE PETITIONS AND APPLICATIONS PROVIDED IN THIS SECTION NO LATER THAN
 SIXTY DAYS FOLLOWING THE EFFECTIVE DATE OF THIS SECTION.  ALL  SENTENCES
 ELIGIBLE  FOR  AUTOMATIC  VACATUR, DISMISSAL AND EXPUNGEMENT PURSUANT TO
 S. 1352                             7
 
 SUBDIVISION ONE OF THIS SECTION SHALL BE  IDENTIFIED  AND  THE  REQUIRED
 ENTITIES NOTIFIED WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION.
   §  14.  Section  6512  of the education law is amended by adding a new
 subdivision 3 to read as follows:
   3. IF THE DEPARTMENT CONDUCTS AN INVESTIGATION INTO ACTS ALLEGED TO BE
 THE UNAUTHORIZED PRACTICE OF MASSAGE THERAPY UNDER ARTICLE  ONE  HUNDRED
 FIFTY-FIVE OF THIS CHAPTER, THE DEPARTMENT SHALL CONSIDER WHETHER OR NOT
 THE  INDIVIDUAL  WHO  ALLEGEDLY COMMITTED THE ACTS DID SO AS A RESULT OF
 HAVING BEEN A VICTIM OF COMPELLING PROSTITUTION UNDER SECTION 230.33, OF
 SEX TRAFFICKING UNDER SECTION 230.34 OR OF SEX TRAFFICKING  OF  A  CHILD
 UNDER  SECTION  230.34-A OF THE PENAL LAW. IN THE EVENT THAT THE DEPART-
 MENT SUSPECTS THAT SUCH INDIVIDUAL HAS BEEN THE VICTIM OF  ONE  OR  MORE
 SUCH  OFFENSES,  THE  DEPARTMENT SHALL MAKE AN IMMEDIATE REFERRAL OF THE
 MATTER TO LOCAL SERVICE PROVIDERS, AS DEFINED BY THE  SAFE  HARBOUR  FOR
 EXPLOITED CHILDREN ACT OR BY THE OFFICE OF CHILDREN AND FAMILY SERVICES.
 IF THE DEPARTMENT SUBSEQUENTLY REPORTS THE MATTER TO THE ATTORNEY GENER-
 AL  WITH  A  REQUEST  FOR  PROSECUTION,  THE DEPARTMENT SHALL INFORM THE
 ATTORNEY GENERAL OF SUCH SUSPICIONS AND REFERRAL.
   § 15. The civil practice law and rules is  amended  by  adding  a  new
 section 4519-b to read as follows:
   § 4519-B. POSSESSION OF REPRODUCTIVE OR SEXUAL HEALTH DEVICES; RECEIPT
 INTO  EVIDENCE.  1. EVIDENCE THAT A PERSON WAS IN POSSESSION OF A CONDOM
 OR OTHER REPRODUCTIVE OR SEXUAL HEALTH DEVICE MAY  NOT  BE  RECEIVED  IN
 EVIDENCE  IN ANY TRIAL, HEARING OR PROCEEDING IN RELATION TO ANY ALLEGA-
 TION OF A MISDEMEANOR OFFENSE PURSUANT TO  SUBDIVISION  ONE  OF  SECTION
 TWELVE  AND  ARTICLE TEN OF THE MULTIPLE DWELLING LAW, SECTIONS TWELVE-A
 AND TWENTY-THREE HUNDRED TWENTY OF THE PUBLIC HEALTH  LAW,  SECTION  TWO
 HUNDRED  THIRTY-ONE  OF  THE  REAL  PROPERTY  LAW OR SUBDIVISION FIVE OF
 SECTION SEVEN HUNDRED ELEVEN AND SECTION SEVEN HUNDRED  FIFTEEN  OF  THE
 REAL  PROPERTY  ACTIONS AND PROCEEDINGS LAW, OR BY ANY LAW, LOCAL LAW OR
 ORDINANCE OF A MUNICIPALITY OR POLITICAL SUBDIVISION OF  THE  STATE,  OR
 ANY  WORD,  RULE,  OR  REGULATION  OF  ANY  GOVERNMENTAL INSTRUMENTALITY
 AUTHORIZED BY LAW TO ADOPT THE SAME AS EVIDENCE OF CONDUCT  WHICH  WOULD
 CONSTITUTE AN OFFENSE DEFINED IN ARTICLE TWO HUNDRED THIRTY OF THE PENAL
 LAW.
   2. "REPRODUCTIVE OR SEXUAL HEALTH DEVICE" SHALL INCLUDE, BUT SHALL NOT
 BE  LIMITED TO, ANY CONTRACEPTIVE OR OTHER TOOL USED TO PREVENT UNWANTED
 PREGNANCY OR THE TRANSMISSION  OF  HIV  OR  OTHER  SEXUALLY  TRANSMITTED
 DISEASES,  INCLUDING  BUT  NOT  LIMITED TO MALE CONDOMS, FEMALE CONDOMS,
 LUBRICANTS, PRE-EXPOSURE PROPHYLAXIS (PREP),  POST-EXPOSURE  PROPHYLAXIS
 (PEP),  HIV  ANTI-RETROVIRAL  MEDICATION,  SPERMICIDE, HORMONAL METHODS,
 EMERGENCY CONTRACEPTION, DIAPHRAGM, CERVICAL CAP, OR SPONGE.
   § 16. Section 60.47 of the criminal procedure law, as amended by chap-
 ter 23 of the laws of 2021, is amended to read as follows:
 § 60.47 Possession of condoms OR OTHER  REPRODUCTIVE  OR  SEXUAL  HEALTH
            DEVICE;  receipt into evidence FOR ALLEGATIONS OF MISDEMEANOR
            OFFENSES.
   1. Evidence that a person was in possession of one or more condoms  OR
 OTHER  REPRODUCTIVE  OR  SEXUAL HEALTH DEVICE may not be admitted at any
 trial,  hearing,  or  other  proceeding  in  a  prosecution for [section
 230.00] ANY MISDEMEANOR OFFENSE, OR AN ATTEMPT TO COMMIT ANY MISDEMEANOR
 OFFENSE, DEFINED  IN ARTICLE  TWO  HUNDRED  THIRTY of the penal law,  OR
 SECTION  SIXTY-FIVE  HUNDRED  TWELVE  OF  THE EDUCATION LAW, OR ANY LAW,
 LOCAL LAW OR ORDINANCE OF A MUNICIPALITY  OR  POLITICAL  SUBDIVISION  OF
 STATE,  OR  ANY WORD,  RULE OR REGULATION OF ANY GOVERNMENTAL INSTRUMEN-
 TALITY  AUTHORIZED  BY  LAW TO ADOPT THE SAME, for the purpose of estab-
 S. 1352                             8
 
 lishing probable cause for an arrest or proving any person's  commission
 or attempted commission of such offense.
   2. "REPRODUCTIVE OR SEXUAL HEALTH DEVICE" SHALL INCLUDE, BUT SHALL NOT
 BE  LIMITED TO, ANY CONTRACEPTIVE OR OTHER TOOL USED TO PREVENT UNWANTED
 PREGNANCY OR THE TRANSMISSION  OF  HIV  OR  OTHER  SEXUALLY  TRANSMITTED
 DISEASES,  INCLUDING  BUT  NOT  LIMITED TO MALE CONDOMS, FEMALE CONDOMS,
 LUBRICANTS, PRE-EXPOSURE PROPHYLAXIS (PREP),  POST-EXPOSURE  PROPHYLAXIS
 (PEP),  HIV  ANTI-RETROVIRAL  MEDICATION,  SPERMICIDE, HORMONAL METHODS,
 EMERGENCY CONTRACEPTION, DIAPHRAGM, CERVICAL CAP, OR SPONGE.
   § 17. Paragraph (c) of subdivision 1 of section 532-d of the executive
 law, as amended by section 5 of part M of chapter  56  of  the  laws  of
 2017, is amended to read as follows:
   (c)  A  homeless  youth  who entered a transitional independent living
 program under the  age  of  [twenty-one]  TWENTY-FOUR  may  continue  to
 receive  shelter  services  in such program beyond the applicable period
 authorized by paragraph (b) of this subdivision, if the municipality has
 notified the office of children and family services in  accordance  with
 clause  (iv)  of subparagraph three of paragraph a of subdivision two of
 section four hundred twenty of this chapter;
   § 18. Section 214-d of the executive law, as added by chapter  368  of
 the laws of 2015, is amended to read as follows:
   §  214-d.  Human  trafficking  AND  SEXUAL EXPLOITATION awareness. The
 superintendent, in consultation with the office of temporary  and  disa-
 bility  assistance,  THE OFFICE OF CHILDREN AND FAMILY SERVICES, and the
 division of criminal justice services, shall:
   [(1)] 1. (A) develop, maintain and disseminate to all members  of  the
 state  police,  including  new  and  veteran officers, written policies,
 procedures and educational materials relating to human  trafficking  AND
 SEXUALLY  EXPLOITED  victims, including BUT NOT LIMITED TO, (I) services
 available for victims of human trafficking AND  SERVICES  AVAILABLE  FOR
 VICTIMS  OF  SEXUAL  EXPLOITATION, as referenced in section four hundred
 eighty-three-bb of the social services law, AND TITLE EIGHT-A OF ARTICLE
 SIX OF THE SOCIAL SERVICES LAW; AND (II) EDUCATION ON THE IMPACT OF  THE
 TRAUMA  AND  EMOTIONAL  HARM EXPERIENCED BY VICTIMS OF HUMAN TRAFFICKING
 AND SEXUAL EXPLOITATION; and
   [(2)] (B) establish and implement TRAUMA INFORMED  written  procedures
 and  policies  in  the  event  a  member of the division of state police
 encounters an individual believed to be a victim of  human  trafficking,
 OR VICTIM OF SEXUAL EXPLOITATION which shall include, but not be limited
 to,  the  provision  of  information  and/or  referral to an appropriate
 provider of social and legal services to human trafficking, OR  SEXUALLY
 EXPLOITED  victims[, in accordance with such section four hundred eight-
 y-three-bb]; AND
   (C) ESTABLISH AND IMPLEMENT TRAUMA  INFORMED  WRITTEN  PROCEDURES  AND
 POLICIES IN THE EVENT  A MEMBER OF THE DIVISION OF STATE POLICE ENCOUNT-
 ERS SUCH VICTIM, INCLUDING  THE PROVISION OF INFORMATION AND REFERRAL TO
 THE APPROPRIATE SERVICES.
   2.  IN  THE DEVELOPMENT OF SUCH PROGRAM, THE COMMISSIONERS, AND SUPER-
 INTENDENT OF STATE POLICE SHALL SEEK  THE  RECOMMENDATIONS  OF  A  BROAD
 RANGE  OF  EXPERTS  SUCH  AS  SOCIAL  SERVICE  PROVIDERS,  CERTIFIED AND
 LICENSED SOCIAL WORKERS, OTHERS  WITH  EDUCATIONAL  EXPERTISE  IN  HUMAN
 TRAFFICKING,  SEXUAL  EXPLOITATION,  INTIMATE  PARTNER  VIOLENCE, SEXUAL
 ASSAULT, REPRODUCTIVE AND SEXUAL HEALTH CARE, AND SERVING LESBIAN,  GAY,
 BISEXUAL, TRANSGENDER AND QUESTIONING INDIVIDUALS.
 S. 1352                             9
 
   3.  THE  SUPERINTENDENT SHALL MAKE AVAILABLE TO ALL LOCAL LAW ENFORCE-
 MENT ALL MATERIALS, TRAININGS, AND RESOURCES DEVELOPED PURSUANT TO  THIS
 CHAPTER.
   §  19. Section 650 of the county law is amended by adding a new subdi-
 vision 3 to read as follows:
   3. THE SHERIFF, IN ANY COUNTY WITH GREATER THAN ONE  HUNDRED  THOUSAND
 RESIDENTS ACCORDING TO THE MOST RECENT CENSUS, SHALL, FOR ALL MEMBERS OF
 THE DEPARTMENT:
   (A) ADOPT, MAINTAIN, AND DISSEMINATE WRITTEN POLICIES, AND EDUCATIONAL
 MATERIALS,  REGARDING HUMAN TRAFFICKING AND SEXUAL EXPLOITATION, INCLUD-
 ING, BUT NOT LIMITED TO: (I)  SERVICES AVAILABLE FOR  VICTIMS  OF  HUMAN
 TRAFFICKING  OR SEXUAL EXPLOITATION; AND (II) EDUCATION ON THE IMPACT OF
 THE TRAUMA AND EMOTIONAL HARM EXPERIENCED BY VICTIMS OF HUMAN  TRAFFICK-
 ING AND SEXUAL  EXPLOITATION;
   (B)  ESTABLISH,  AND IMPLEMENT ON AN ONGOING BASIS, A TRAINING PROGRAM
 FOR ALL  CURRENT AND NEW EMPLOYEES REGARDING THE POLICIES AND PROCEDURES
 ESTABLISHED PURSUANT TO THIS SECTION; AND
   (C) ESTABLISH AND IMPLEMENT TRAUMA INFORMED WRITTEN    PROCEDURES  AND
 POLICIES IN THE EVENT A MEMBER OF THE POLICE DEPARTMENT  ENCOUNTERS SUCH
 VICTIM,  INCLUDING  THE  PROVISION  OF  INFORMATION  AND REFERRAL TO THE
 APPROPRIATE SERVICES.
   § 20. Section 39 of the town law, as amended by  chapter  476  of  the
 laws of 2018, is amended to read as follows:
   §  39.  Powers  and duties of constables and town police officers.  1.
 Constables and town police officers shall have all the power and author-
 ity conferred upon constables by the general laws of the state and  such
 additional powers, not inconsistent with law, as shall be conferred upon
 them  by  the town board. They shall be subject to the general authority
 and direction of the town board and to such orders  and  regulations  as
 the town board may prescribe, not inconsistent with law.
   2.  THE  CHIEF  CONSTABLE  OR POLICE OFFICER, IN ANY TOWN WITH GREATER
 THAN ONE HUNDRED THOUSAND RESIDENTS ACCORDING TO THE MOST RECENT CENSUS,
 SHALL, FOR ALL MEMBERS OF THE DEPARTMENT:
   (A) ADOPT, MAINTAIN, AND DISSEMINATE WRITTEN POLICIES, AND EDUCATIONAL
 MATERIALS, REGARDING HUMAN TRAFFICKING AND SEXUAL EXPLOITATION,  INCLUD-
 ING, BUT NOT LIMITED TO:
   (I)  SERVICES  AVAILABLE  FOR  VICTIMS  OF HUMAN TRAFFICKING OR SEXUAL
 EXPLOITATION; AND
   (II) EDUCATION ON THE IMPACT OF THE TRAUMA AND EMOTIONAL HARM  EXPERI-
 ENCED BY VICTIMS OF HUMAN TRAFFICKING AND SEXUAL EXPLOITATION;
   (B)  ESTABLISH,  AND IMPLEMENT ON AN ONGOING BASIS, A TRAINING PROGRAM
 FOR ALL CURRENT AND NEW EMPLOYEES REGARDING THE POLICIES AND  PROCEDURES
 ESTABLISHED PURSUANT TO THIS SECTION; AND
   (C)  ESTABLISH  AND  IMPLEMENT  TRAUMA INFORMED WRITTEN PROCEDURES AND
 POLICIES IN THE EVENT A MEMBER OF THE POLICE DEPARTMENT  ENCOUNTERS SUCH
 VICTIM, INCLUDING THE PROVISION  OF  INFORMATION  AND  REFERRAL  TO  THE
 APPROPRIATE SERVICES.
   §  21.  Section  841  of  the executive law is amended by adding a new
 subdivision 7-c to read as follows:
   7-C. TAKE SUCH STEPS AS MAY BE NECESSARY TO  ENSURE  THAT  ALL  POLICE
 OFFICERS  AND  PEACE OFFICERS CERTIFIED PURSUANT TO SUBDIVISION THREE OF
 THIS SECTION RECEIVE APPROPRIATE INSTRUCTION REGARDING  THE  EVIDENTIARY
 PROHIBITION SET FORTH IN SECTION 60.47 OF THE CRIMINAL PROCEDURE LAW AND
 SECTION  FORTY-FIVE  HUNDRED  NINETEEN-B  OF  THE CIVIL PRACTICE LAW AND
 RULES RELATING TO THE USE OF CONDOMS AND OTHER  REPRODUCTIVE  OR  SEXUAL
 HEALTH  DEVICES  AS  EVIDENCE IN CERTAIN MISDEMEANOR TRIALS, HEARINGS OR
 S. 1352                            10
 
 PROCEEDINGS, OR AS A BASIS FOR PROBABLE CAUSE FOR ARREST, INCLUDING THAT
 UNAUTHORIZED SEIZURE OR CONFISCATION OF CONDOMS AND  OTHER  REPRODUCTIVE
 OR SEXUAL HEALTH DEVICES AS A BREACH OF PUBLIC POLICY;
   §  22.  Section  447-a of the social services law, as added by chapter
 569 of the laws of 2008, subdivision 1 as amended by chapter 189 of  the
 laws  of  2018,  paragraphs  (c)  and (d) of subdivision 1 as amended by
 chapter 23 of the laws of 2021, subdivision 2 as amended by section 8 of
 part M of chapter 56 of the laws of 2017, and subdivisions 4  and  5  as
 amended  by  section  1  of part G of chapter 58 of the laws of 2010, is
 amended to read as follows:
   § 447-a. Definitions. As used in this title:
   1. The term "sexually exploited [child] INDIVIDUAL" means  any  person
 under  the  age  of [eighteen] TWENTY-FOUR AT THE TIME OF IDENTIFICATION
 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] AN INDIVIDUAL as defined in section 230.34-a of the penal law; OR
   (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 of the penal law].
   2. The term "short-term safe house" means a residential facility oper-
 ated  by  an  authorized agency as defined in subdivision ten of section
 three hundred seventy-one of this article including a residential facil-
 ity operating as part of a runaway and homeless  youth  crisis  services
 program  as  defined in subdivision four of section five hundred thirty-
 two-a of the executive law or a not-for-profit agency with experience in
 providing services to sexually exploited youth and approved  in  accord-
 ance  with the regulations of the office of children and family services
 that provides emergency shelter, services and care to sexually exploited
 [children] INDIVIDUALS including food, shelter, clothing, medical  care,
 counseling and appropriate crisis intervention services at the time they
 are  taken  into  custody by law enforcement and for the duration of any
 legal proceeding or proceedings in which they are either the complaining
 witness or the subject [child] INDIVIDUAL.  The  short-term  safe  house
 shall  also be available at the point in time that [a child] AN INDIVID-
 UAL under the age of [eighteen] TWENTY-FOUR  has  first  come  into  the
 custody of juvenile detention officials, law enforcement, local jails or
 the  local commissioner of social services or is residing with the local
 runaway and homeless youth authority.
   3. The term "advocate" means an employee of the short-term safe  house
 defined in subdivision two of this section that has been trained to work
 with  and  advocate for the needs of sexually exploited [children] INDI-
 VIDUALS. The advocate shall accompany  the  [child]  INDIVIDUAL  to  all
 court  appearances  and  will  serve as a liaison between the short-term
 safe house and the court.
   4. The term "safe house" means a residential facility operated  by  an
 authorized agency as defined in subdivision ten of section three hundred
 seventy-one  of  this article including a residential facility operating
 as part of an approved runaway program as defined in subdivision four of
 section five hundred thirty-two-a of the executive law or a not-for-pro-
 fit agency with experience in providing services to  sexually  exploited
 youth  and  approved in accordance with the regulations of the office of
 children  and  family  services  that  provides  shelter  for   sexually
 exploited  [children] INDIVIDUALS.   In addition, a long-term safe house
 S. 1352                            11
 
 may be operated by a transitional independent living support program  as
 defined  in  subdivision six of section five hundred thirty-two-a of the
 executive law. A safe house serving sexually exploited [children]  INDI-
 VIDUALS  as  defined  in  this title shall provide or assist in securing
 necessary services for such sexually  exploited  [children]  INDIVIDUALS
 either  through  direct provision of services, or through written agree-
 ments with other community and public  agencies  for  the  provision  of
 services  including but not limited to housing, assessment, case manage-
 ment, medical care, legal, mental health and substance and alcohol abuse
 services. Where appropriate such safe house in accordance with a service
 plan for such sexually exploited [child]  INDIVIDUAL  may  also  provide
 counseling and therapeutic services, educational services including life
 skills  services  and planning services to successfully transition resi-
 dents back to the community. Nothing in the provisions of this title  or
 article nineteen-H of the executive law shall prevent [a child] AN INDI-
 VIDUAL  who  is  the subject of a proceeding which has not reached final
 disposition from residing at the safe house for  the  duration  of  that
 proceeding  nor shall it prevent any sexually exploited [child] INDIVID-
 UAL who is not the subject of a proceeding from  residing  at  the  safe
 house.    [An]  FOR  INDIVIDUALS  UNDER THE AGE OF EIGHTEEN, AN advocate
 employed by a short-term safe house or  other  appropriate  staff  of  a
 short-term  safe house shall, to the maximum extent possible, preferably
 within twenty-four hours but  within  no  more  than  seventy-two  hours
 following a sexually exploited [child's] INDIVIDUAL'S admission into the
 program  other  than  pursuant  to  a court order, notify such [child's]
 INDIVIDUAL'S parent, guardian or custodian of his or  her  physical  and
 emotional  condition  and  the  circumstances  surrounding the [child's]
 INDIVIDUAL'S presence  at  the  program,  unless  there  are  compelling
 circumstances  why  the  parent,  guardian or custodian should not be so
 notified. Where such circumstances exist, the advocate or  other  appro-
 priate  staff  member  shall  either file an appropriate petition in the
 family court, refer the youth to the local social services district,  or
 in  instances  where  abuse  or  neglect  is suspected, report such case
 pursuant to title six of this article.
   5. The term "community-based program" means a program  operated  by  a
 not-for-profit  organization  that  provides  services  such  as  street
 outreach, voluntary drop-in services, peer counseling, individual  coun-
 seling,  family-therapy  and  referrals for services such as educational
 and vocational  training  and  health  care.  Any  such  community-based
 program  may  also  work  with the safe house serving sexually exploited
 [children] INDIVIDUALS as defined in this title to provide  transitional
 services to such [children] INDIVIDUALS returning to the community.
   §  23.  Section  447-b of the social services law, as added by chapter
 569 of the laws of 2008, subdivisions 1, 2, 3, 5 and  6  as  amended  by
 section  2  of  part  G of chapter 58 of the laws of 2010, is amended to
 read as follows:
   § 447-b. Services for exploited [children]  INDIVIDUALS.  1.  Notwith-
 standing  any  inconsistent provision of law, pursuant to regulations of
 the office of children and family services, every local social  services
 district  shall as a component of the district's multi-year consolidated
 services  child  welfare  services  plan  address  the  [child]  welfare
 services  needs  of sexually exploited [children] INDIVIDUALS and to the
 extent that funds are available  specifically  therefor  ensure  that  a
 short-term  safe  house  or another short-term safe placement such as an
 approved runaway and homeless youth program, approved respite or  crisis
 program  providing crisis intervention or respite services or community-
 S. 1352                            12

 based program to serve  sexually  exploited  [children]  INDIVIDUALS  is
 available  to  [children] INDIVIDUALS residing in such district. Nothing
 in this section shall prohibit a local  social  services  district  from
 utilizing existing respite or crisis intervention services already oper-
 ated  by  such  social  services  district or homeless youth programs or
 services for victims of human trafficking pursuant to article  ten-D  of
 this  chapter  so  long  as  the staff members have received appropriate
 training approved by the office of children and family services  regard-
 ing  sexually exploited [children] INDIVIDUALS and the existing programs
 and facilities provide a safe, secure and  appropriate  environment  for
 sexually   exploited   [children]  INDIVIDUALS.     Crisis  intervention
 services, short-term safe house  care  and  community-based  programming
 may,  where  appropriate, be provided by the same not-for-profit agency.
 Local social services districts may work cooperatively to  provide  such
 short-term  safe  house or other short-term safe placement, services and
 programming and access to such placement, services and  programming  may
 be  provided  on  a  regional basis, provided, however, that every local
 social services district shall to the extent that  funds  are  available
 ensure  that  such  placement,  services  and  programs shall be readily
 accessible to sexually exploited [children] INDIVIDUALS residing  within
 the district.
   2.  All  of  the  services created under this title may, to the extent
 possible provided by law, be available to all sexually exploited  [chil-
 dren]  INDIVIDUALS whether they are accessed voluntarily, as a condition
 of an adjournment in  contemplation  of  dismissal  issued  in  criminal
 court,  through  the  diversion  services  created  under  section seven
 hundred thirty-five of the family court act, through a proceeding  under
 article three of the family court act, a proceeding under article ten of
 the  family court act or through a referral from a local social services
 agency.
   3. The capacity of the crisis  intervention  services  and  community-
 based  programs in subdivision one of this section shall be based on the
 number of sexually exploited [children] INDIVIDUALS in each district who
 are in need of such services. A determination of such need shall be made
 in two thousand ten and every five  years  thereafter  in  every  social
 services  district  by  the local commissioner of social services and be
 included in the integrated county plan. Such determination shall be made
 in consultation with local law enforcement, runaway and  homeless  youth
 program  providers,  local  probation departments, local social services
 commissioners, the runaway and homeless youth coordinator for the  local
 social  services  district,  local  law guardians, presentment agencies,
 public defenders and district attorney's offices and child advocates and
 services providers who work directly with sexually exploited youth.
   4. In determining the need for and capacity of  the  services  created
 under  this section, each local social services district shall recognize
 that sexually exploited youth have separate and distinct  service  needs
 according  to  gender and, where a local social services district deter-
 mines that the need exists, to the  extent  that  funds  are  available,
 appropriate programming shall be made available.
   5.  To  the  extent  funds are specifically appropriated therefor, the
 office of children and family services shall contract with an  appropri-
 ate   not-for-profit   agency  with  experience  working  with  sexually
 exploited [children] INDIVIDUALS to operate at least one long-term  safe
 house  in  a  geographically  appropriate  area of the state which shall
 provide safe and secure long term housing and specialized  services  for
 sexually  exploited  [children]  INDIVIDUALS  throughout  the state. The
 S. 1352                            13

 appropriateness of the geographic location shall  be  determined  taking
 into  account  the  areas  of  the  state  with high numbers of sexually
 exploited [children] INDIVIDUALS and the  need  for  sexually  exploited
 [children]  INDIVIDUALS  to  find  shelter  and long term placement in a
 region that cannot be readily accessed by  the  perpetrators  of  sexual
 exploitation.  The  need for more than one long-term safe house shall be
 determined by the office of children and family services  based  on  the
 numbers and geographical location of sexually exploited [children] INDI-
 VIDUALS  within the state. Nothing herein shall be construed to preclude
 an agency from applying for and accepting grants, gifts and bequests  of
 funds  from  private individuals, foundations and the federal government
 for the purpose of creating or carrying out the duties  of  a  long-term
 safe house.
   6.  The  local  social  services  commissioner may, to the extent that
 funds are available,  in  conjunction  with  the  division  of  criminal
 justice  services  and local law enforcement officials, contract with an
 appropriate not-for-profit agency with experience working with  sexually
 exploited  [children] INDIVIDUALS to train law enforcement officials who
 are likely to encounter sexually exploited [children] INDIVIDUALS in the
 course of their law enforcement duties on the provisions of this section
 and how  to  identify  and  obtain  appropriate  services  for  sexually
 exploited  [children]  INDIVIDUALS.  Local social services districts may
 work cooperatively to provide such training and  such  training  may  be
 provided  on a regional basis. The division of criminal justice services
 shall assist local social services districts in obtaining any  available
 funds  for  the purposes of conducting law enforcement training from the
 federal justice department and the office of juvenile justice and delin-
 quency prevention.
   § 24. Subdivision (a) of section 483-aa of the social services law, as
 added by chapter 74 of the laws of 2007, is amended to read as follows:
   (a) "Human trafficking victim" means a person who is a victim  of  sex
 trafficking as defined in section 230.34 of the penal law or a victim of
 labor  trafficking  as  defined  in  section 135.35 of the penal law OR,
 WHERE A COMMERCIAL SEX ACT IS INDUCED BY FORCE, FRAUD, OR  COERCION,  OR
 IN  WHICH  THE PERSON INDUCED TO PERFORM SUCH ACT HAS NOT ATTAINED EIGH-
 TEEN YEARS OF AGE, OR AS DEFINED UNDER SECTION 12 OF 22 U.S. CODE § 7102
 - SEX TRAFFICKING. ("SEX TRAFFICKING" MEANS THE RECRUITMENT,  HARBORING,
 TRANSPORTATION,  PROVISION,  OBTAINING,  PATRONIZING, OR SOLICITING OF A
 PERSON FOR THE PURPOSE OF A COMMERCIAL SEX ACT).
   § 25. Subdivision (a) of section 483-bb of the social services law, as
 added by chapter 74 of the laws of 2007, is amended and a  new  subdivi-
 sion (d) is added to read as follows:
   (a)  The  office  of  temporary  and disability assistance [may] SHALL
 coordinate with and assist law enforcement agencies and district  attor-
 ney's  offices  to  access  appropriate  services  for human trafficking
 victims.
   (D) ANNUALLY THE PROVISION OF SUCH  SERVICES  SHALL  BE  REVIEWED  AND
 EVALUATED TO ENSURE THAT VICTIMS OF HUMAN TRAFFICKING ARE ABLE TO ACCESS
 AND TO UTILIZE SUCH SERVICES IN AN APPROPRIATE AND HELPFUL MANNER BY THE
 INTERAGENCY  TASK  FORCE  ON  HUMAN  TRAFFICKING CREATED IN SECTION FOUR
 HUNDRED EIGHTY-THREE-AA OF THIS ARTICLE. IF THE  TASK  FORCE  DETERMINES
 THAT  THE  SERVICES  PRESCRIBED  HEREIN  ARE  NOT APPROPRIATE, NOT BEING
 ACCESSED OR UTILIZED THE TASK FORCE SHALL DETERMINE PROTOCOLS TO  ENSURE
 THAT SUCH SERVICES ARE MORE ACCESSIBLE AND ARE MORE READILY AVAILABLE.
   § 26. Section 483-ee of the social services law, as amended by chapter
 413 of the laws of 2016, is amended to read as follows:
 S. 1352                            14
 
   §  483-ee.  Establishment of interagency task force on human traffick-
 ing. (a) There is established an interagency task force  on  trafficking
 in persons, which shall consist of the following members or their desig-
 nees: (1) the commissioner of the division of criminal justice services;
 (2)  the  commissioner of the office of temporary and disability assist-
 ance; (3) the commissioner of health; (4) the commissioner of the office
 of mental health; (5) the commissioner of labor; (6) the commissioner of
 the office of children and family services; (7) the commissioner of  the
 office  of  [alcoholism and substance abuse services] ADDICTION SERVICES
 AND SUPPORTS; (8) the director of the office of victim services; (9) the
 executive  director  of  the  office  for  the  prevention  of  domestic
 violence;  and  (10) the superintendent of the division of state police;
 and the following additional members, who shall be promptly appointed by
 the governor, each for a term of two years, provided that such  person's
 membership  shall continue after such two year term until a successor is
 appointed and provided, further, that a member  may  be  reappointed  if
 again  recommended in the manner specified in this subdivision: (11) two
 members, who shall be appointed on the recommendation of  the  temporary
 president of the senate; (12) two members, who shall be appointed on the
 recommendation  of  the  speaker  of the assembly; (13) two members, who
 shall be appointed on the recommendation of the not-for-profit organiza-
 tion in New York state that receives the largest share of funds,  appro-
 priated  by  and  through  the  state  budget, for providing services to
 victims of human trafficking, as shall be identified annually in writing
 by the director of the  budget;  and  (14)  one  member,  who  shall  be
 appointed  on  the recommendation of the president of the New York state
 bar association; and others as may be necessary to carry out the  duties
 and  responsibilities  under  this  section.  AN EFFORT SHALL BE MADE TO
 INCLUDE REPRESENTATIVES FROM THE FOLLOWING GROUPS OF  PEOPLE:  SURVIVORS
 OF  HUMAN TRAFFICKING, SURVIVORS OF SEXUAL EXPLOITATION, SERVICE PROVID-
 ERS FROM VARIOUS GEOGRAPHIC  AREAS  OF  THE  STATE,  REPRESENTATIVES  OF
 WOMEN'S RIGHTS ORGANIZATIONS, REPRESENTATIVES OF THE LESBIAN GAY BISEXU-
 AL  TRANSGENDER  AND  QUEER POPULATIONS AND REPRESENTATIVES FROM VARIOUS
 ETHNIC DEMOGRAPHICS ACROSS NEW  YORK  STATE.  The  task  force  will  be
 co-chaired  by  the  commissioners  of  the division of criminal justice
 services and the office of temporary and disability assistance, or their
 designees. It shall meet as often as is  necessary,  but  no  less  than
 three  times  per  year,  and  under circumstances as are appropriate to
 fulfilling its duties under this section. All members shall be  provided
 with  written  notice  reasonably  in advance of each meeting with date,
 time and location of such meeting.
   (b) The task force shall: (1) collect and organize data on the  nature
 and  extent  of CRIMES RELATED TO trafficking AND SEXUAL EXPLOITATION OF
 persons in the state; (2) identify available federal,  state  and  local
 programs  that provide services to victims of trafficking, including but
 not limited to case management,  housing,  health  care,  mental  health
 counseling, drug addiction screening and treatment, language interpreta-
 tion  and translation services, English language instruction, job train-
 ing  and  placement  assistance,  post-employment   services   for   job
 retention,  and  services to assist the individual and any of his or her
 family members to establish a permanent residence in New York  state  or
 the  United  States;  (3) consult with governmental and non-governmental
 organizations in developing  recommendations  to  strengthen  state  and
 local  efforts  to  prevent  trafficking,  protect and assist victims of
 trafficking and prosecute traffickers; (4) establish interagency  proto-
 cols  and  collaboration  between federal, state, and local law enforce-
 S. 1352                            15
 
 ment, state and governmental agencies, child welfare agencies, and  non-
 governmental  organizations;  (5) evaluate approaches to increase public
 awareness about trafficking and make recommendations on such approaches;
 (6) evaluate the effectiveness of training programs on human trafficking
 that  have been designed for law enforcement personnel, criminal defense
 attorneys, social service providers and non-governmental  organizations,
 and  make recommendations for improving the quality and effectiveness of
 such programs, AS WELL AS ENSURE THAT SAID TRAINING IS OCCURRING  ON  AN
 ANNUAL  BASIS;  (7)  measure  and  evaluate the progress of the state in
 preventing trafficking, protecting and providing assistance  to  victims
 of  trafficking, and prosecuting persons engaged in trafficking; and (8)
 convene any subcommittee necessary, provided such  subcommittee  has  at
 least  one  of  the  members  appointed  by the speaker of the assembly,
 temporary president of the senate  or  governor,  to  consider  specific
 issues, including, but not limited to: federal, state and/or local coop-
 eration; juveniles and human trafficking; the importance of training and
 who  should  receive such training; how data is compiled and shared; and
 services for and treatment of domestic versus foreign born victims.
   (c) The task force shall report to the governor, the  speaker  of  the
 assembly,  the  minority leader of the assembly, the temporary president
 of the senate and the minority leader of the senate no less than annual-
 ly, and it shall additionally issue such reports and recommendations  as
 it deems necessary to carry out its duties and responsibilities.
   (D)  THE  TASK FORCE SHALL WORK WITH THE STATE EDUCATION DEPARTMENT TO
 CREATE AND IMPLEMENT ADDITIONAL SEXUAL EDUCATION FOR STUDENTS IN SECOND-
 ARY SCHOOL THAT INCLUDES INFORMATION AS IT RELATES TO PROSTITUTION,  ITS
 INHERENT VIOLENCE AND IMPACT ON PUBLIC AND INDIVIDUAL HEALTH.
   § 27. The state finance law is amended by adding a new section 97-bbbb
 to read as follows:
   §  97-BBBB.  VICTIMS  OF  SEXUAL EXPLOITATION FUND. 1. THERE IS ESTAB-
 LISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSION-
 ER OF THE DEPARTMENT OF TAXATION AND FINANCE A FUND TO BE KNOWN  AS  THE
 "VICTIMS OF SEXUAL EXPLOITATION FUND".
   2.  THE  VICTIMS  OF  SEXUAL EXPLOITATION FUND SHALL CONSIST OF MONIES
 RECEIVED BY THE STATE PURSUANT TO SECTION 80.20 OF THE PENAL LAW AND ALL
 OTHER FEES, FINES, GRANTS, BEQUESTS OR OTHER MONIES CREDITED,  APPROPRI-
 ATED OR TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE.
   3. MONIES OF THE VICTIMS OF SEXUAL EXPLOITATION FUND, FOLLOWING APPRO-
 PRIATION BY THE LEGISLATURE AND ALLOCATION BY THE DIRECTOR OF THE BUDGET
 SHALL  BE  MADE  AVAILABLE  FOR  GRANTS  TO VICTIMS AND LOCAL ASSISTANCE
 SERVICES AND EXPENSES OF PROGRAMS TO  PROVIDE  SERVICES  TO  VICTIMS  OF
 SEXUAL  EXPLOITATION  AS DETERMINED BY THE OFFICE OF VICTIM SERVICES AND
 THE INTERAGENCY TASK FORCE ON HUMAN TRAFFICKING.
   § 28. Subdivision a of section 3-118 of the administrative code of the
 city of New York, as amended by chapter 189 of the  laws  of  2018,  the
 third  undesignated  paragraph  as  amended by chapter 23 of the laws of
 2021, 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] 24 who are in need of services and are without a place of  shel-
 ter where supervision and care are available.
   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
 S. 1352                            16
 
 defined in FORMER 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 (e) engage in acts
 or conduct described in article two hundred  sixty-three  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  one  hundred
 thirty of the penal law.
   § 29. Subdivision 4 of section 170.30 of the criminal procedure law is
 REPEALED.
   §  30.  Section  60.42  of  the  criminal procedure law, as amended by
 section 1 of part R of chapter 55 of the laws of  2019,  is  amended  to
 read as follows:
 § 60.42 Rules  of evidence; admissibility of evidence of victim's sexual
           conduct in sex offense cases.
   Evidence of a victim's sexual conduct shall not  be  admissible  in  a
 prosecution for an offense or an attempt to commit an offense defined in
 article  one hundred thirty or in section 230.34 of the penal law unless
 such evidence:
   1. proves or tends to prove specific instances of the  victim's  prior
 sexual conduct with the accused; or
   2.  [proves or tends to prove that the victim has been convicted of an
 offense under section 230.00 of the penal law within three  years  prior
 to the sex offense which is the subject of the prosecution; or
   3.]  rebuts  evidence introduced by the people of the victim's failure
 to engage in  sexual  intercourse,  oral  sexual  conduct,  anal  sexual
 conduct or sexual contact during a given period of time; or
   [4.] 3. rebuts evidence introduced by the people which proves or tends
 to  prove  that  the accused is the cause of pregnancy or disease of the
 victim, or the source of semen found in the victim; or
   [5.] 4. is determined by the court after an  offer  of  proof  by  the
 accused  outside  the  hearing of the jury, or such hearing as the court
 may require, and a statement by the court of its findings of fact essen-
 tial to its determination, to be relevant and admissible in  the  inter-
 ests of justice.
   §  31. The opening paragraph of subdivision 1 of section 170.80 of the
 criminal procedure law, as amended by chapter 23 of the laws of 2021, is
 amended to read as follows:
   Notwithstanding any other provision of law, at any time  at  or  after
 arraignment  on  a  charge  of  prostitution  pursuant to FORMER section
 230.00 of the penal law, after consultation with counsel, a knowing  and
 voluntary  plea  of guilty has been entered to such charge, any judge or
 justice hearing any stage of such case may, upon consent of the  defend-
 ant after consultation with counsel:
   §  32.  Subdivision 2 of section 420.35 of the criminal procedure law,
 as amended by chapter 23 of the laws of 2021,  is  amended  to  read  as
 follows:
   2. Except as provided in this subdivision or subdivision two-a of this
 section,  under  no  circumstances  shall  the  mandatory surcharge, sex
 offender registration fee, DNA databank fee or the crime victim  assist-
 ance  fee  be  waived.  A court shall waive any mandatory surcharge, DNA
 databank fee and crime victim assistance fee when: (i) the defendant  is
 convicted  of prostitution under FORMER section 230.00 of the penal law;
 (ii) the defendant is  convicted  of  a  violation  in  the  event  such
 S. 1352                            17
 
 conviction  is in lieu of a plea to or conviction for prostitution under
 FORMER section 230.00 of the penal law; (iii) the  court  finds  that  a
 defendant  is  a  victim  of sex trafficking under section 230.34 of the
 penal  law  or  a victim of trafficking in persons under the trafficking
 victims protection act (United States Code, Title 22,  Chapter  78);  or
 (iv)  the  court finds that the defendant is a victim of sex trafficking
 of a child under section 230.34-a of the penal law.
   § 33. Subdivision 4 of section 720.15 of the criminal  procedure  law,
 as  amended  by  chapter  23  of the laws of 2021, is amended to read as
 follows:
   4. Notwithstanding any provision in this  article,  a  person  charged
 with  prostitution  as defined in FORMER section 230.00 of the penal law
 regardless of whether such person (i) had prior to commencement of trial
 or entry of a plea of guilty been convicted of a crime or found a youth-
 ful offender, or (ii) subsequent to such conviction for prostitution  is
 convicted  of  a  crime  or found a youthful offender, the provisions of
 subdivisions one and two of this section requiring  or  authorizing  the
 accusatory  instrument  filed  against  a  youth  to  be sealed, and the
 arraignment and all proceedings in the action to be conducted in private
 shall apply.
   § 34. Subdivision 1 of section 720.35 of the criminal  procedure  law,
 as  amended  by  chapter  23  of the laws of 2021, is amended to read as
 follows:
   1. A youthful offender adjudication is not a  judgment  of  conviction
 for  a  crime  or any other offense, and does not operate as a disquali-
 fication of any person so adjudged  to  hold  public  office  or  public
 employment  or  to  receive  any license granted by public authority but
 shall be deemed a conviction only for the purposes of transfer of super-
 vision and custody pursuant to section two hundred fifty-nine-m  of  the
 executive law. A defendant for whom a youthful offender adjudication was
 substituted,  who was originally charged with prostitution as defined in
 FORMER section 230.00 of the penal law,  shall  be  deemed  a  "sexually
 exploited  [child]  INDIVIDUAL" as defined in subdivision one of section
 four hundred forty-seven-a of the  social  services  law  and  therefore
 shall  not be considered an adult for purposes related to the charges in
 the youthful offender proceeding or a proceeding under section 170.80 of
 this chapter.
   § 35. Paragraph (d) of subdivision 4 of section 305.2  of  the  family
 court  act, as added by section 3 of part G of chapter 58 of the laws of
 2010, is amended to read as follows:
   (d) take the child who such officer has decided to take  into  custody
 in  accordance  with  this  section  [or  section 305.1 of this part for
 violating the provisions of section 230.00 of  the  penal  law,]  to  an
 available short-term safe house as defined in subdivision two of section
 four hundred forty-seven-a of the social services law; or
   §  36.  Section 344.4 of the family court act, as added by chapter 761
 of the laws of 1987, subdivision 3 as amended by chapter 264 of the laws
 of 2003, is amended to read as follows:
   § 344.4. Rules of evidence;  admissibility  of  evidence  of  victim's
 sexual  conduct  in  sex  offense  cases.  Evidence of a victim's sexual
 conduct shall not be admissible in a juvenile delinquency proceeding for
 a crime or an attempt to commit a crime defined in article  one  hundred
 thirty of the penal law unless such evidence:
   1.  proves  or tends to prove specific instances of the victim's prior
 sexual conduct with the accused; or
 S. 1352                            18
 
   2. [proves or tends to prove that the victim has been convicted of  an
 offense  under  section 230.00 of the penal law within three years prior
 to the sex offense which is the  subject  of  the  juvenile  delinquency
 proceeding; or
   3.]  rebuts  evidence  introduced  by  the  presentment  agency of the
 victim's failure to engage in sexual intercourse, oral  sexual  conduct,
 anal sexual conduct or sexual contact during a given period of time; or
   [4.]  3.  rebuts  evidence  introduced by the presentment agency which
 proves or tends to prove that the accused is the cause of  pregnancy  or
 disease of the victim, or the source of semen found in the victim; or
   [5.]  4.  is  determined  by  the court after an offer of proof by the
 accused, or such hearing as the court may require, and  a  statement  by
 the  court of its findings of fact essential to its determination, to be
 relevant and admissible in the interests of justice.
   § 37. Subdivision (a) of section 712 of the family court act, as sepa-
 rately amended by chapters 92 and 97 of the laws of 2021, is amended  to
 read as follows:
   (a) "Person in need of supervision". A person less than eighteen years
 of age: (i) who does not attend school in accordance with the provisions
 of  part  one  of  article  sixty-five of the education law; (ii) who is
 ungovernable or habitually disobedient and beyond the lawful control  of
 a  parent  or other person legally responsible for such child's care, or
 other lawful authority; (iii) who  violates  the  provisions  of  FORMER
 section  230.00  of  the penal law; (iv) or who appears to be a sexually
 exploited [child] INDIVIDUAL as defined in paragraph (a)[, (c)] or [(d)]
 (B) of subdivision one of section  four  hundred  forty-seven-a  of  the
 social  services  law, but only if the child consents to the filing of a
 petition under this article.
   § 38. Subdivision 2 of section 353 of the multiple  dwelling  law,  as
 amended  by  chapter  680  of  the  laws  of 1967, is amended to read as
 follows:
   2. If there be two or more convictions in such dwelling within a peri-
 od of six months, under [sections 230.00,] SECTION 230.25[,]  or  230.40
 of the penal law.
   §  39.  Section 2324-a of the public health law, as amended by chapter
 189 of the laws of 2018, 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,  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.
   §  40.  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  aris-
 ing  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.
 S. 1352                            19
 
   § 41. 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 constituting use
 of the premises for purposes of prostitution.
   § 42. Paragraph (c) of subdivision 4 of section 509-cc of the  vehicle
 and  traffic  law,  as  amended  by  chapter  92 of the laws of 2021, is
 amended to read as follows:
   (c) The offenses referred to in subparagraph (i) of paragraph  (b)  of
 subdivision one and subparagraph (i) of paragraph (c) of subdivision two
 of  this  section  that  result in disqualification for a period of five
 years shall include a conviction under sections 100.10, 105.13,  115.05,
 FORMER  SECTIONS  120.03,  120.04,  120.04-a,  120.05,  120.10,  120.25,
 121.12, 121.13, 125.40[,] AND 125.45, SECTIONS 130.20,  130.25,  130.52,
 130.55,  135.10, 135.55, 140.17, 140.25, 140.30, 145.12, 150.10, 150.15,
 160.05, 160.10, 220.06, 220.09, 220.16, 220.31, 220.34, 220.60,  220.65,
 subdivision  two  of  section 222.50, subdivision two of section 222.55,
 FORMER SECTION 230.00, SECTIONS 230.05, 230.06, 230.11, 230.12,  230.13,
 230.19,  230.20, 235.05, 235.06, 235.07, 235.21, 240.06, 245.00, 260.10,
 subdivision two of section 260.20 and sections 260.25,  265.02,  265.03,
 265.08, 265.09, 265.10, 265.12, 265.35 of the penal law or an attempt to
 commit  any  of the aforesaid offenses under section 110.00 of the penal
 law, or any similar offenses committed under a  former  section  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.
   §  43.  Severability.  If any provision or term of this act is for any
 reason declared unconstitutional or invalid or ineffective by any compe-
 tent jurisdiction, such decision shall not affect the  validity  of  the
 effectiveness of the remaining portions of this act or any part thereof.
   §  44.  This  act shall take effect on the sixtieth day after it shall
 have become a law; provided that the amendments to section 483-ee of the
 social services law made by section twenty-six of  this  act  shall  not
 affect  the  repeal  of such section and shall be deemed repealed there-
 with.  Effective immediately the addition, amendment  and/or  repeal  of
 any  rule  or regulation necessary for the implementation of this act on
 its effective date are authorized to be made and completed on or  before
 such date.