| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Jun 25, 2025 |
referred to rules |
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Senate Bill S8446
2025-2026 Legislative Session
Relates to human trafficking offenses and the classification of certain offenses; requires the posting of signs relating to human trafficking
download bill text pdfSponsored By
(R) 39th Senate District
Current Bill Status - In Senate Committee Rules Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2025-S8446 (ACTIVE) - Details
- Current Committee:
- Senate Rules
- Law Section:
- Penal Law
- Laws Affected:
- Amd Pen L, generally; amd §168-a, Cor L; amd §§245.10, 245.20, 420.35, 440.10, 510.10, 530.20, 530.40 & 700.05, CP L; amd §§108, 621 & 995, Exec L; amd §1012, Fam Ct Act; amd §§410 & 408-b, Gen Bus L; amd §10.03, Ment Hyg L; amd §§2324-a & 465, add §468, Pub Health L; amd §§447-a, 483-aa & 483-bb, Soc Serv L; amd §§509-cc & 510-d, V & T L; amd §§3-118, 9-131, 14-154, 14-192, 20-565, 20-912, NYC Ad Cd; add §409-o, amd §806-a, Ed L; add §9-0905, En Con L
2025-S8446 (ACTIVE) - Summary
Relates to human trafficking offenses and the classification of certain trafficking offenses; includes new offenses in existing provisions of law relating to registration, procedure, affirmative defenses, bail, loss of certain licenses, recovery by victims for trafficking offenses and definitions (Part A); requires the posting of signs at schools and the inclusion of human trafficking education in the driver's education course; requires the posting of signs relating to human trafficking in tattoo and body piercing studios and certain parks
2025-S8446 (ACTIVE) - Sponsor Memo
BILL NUMBER: S8446
SPONSOR: ROLISON
TITLE OF BILL:
An act to amend the penal law, in relation to human trafficking offenses
and the classification of certain offenses; and to amend the correction
law, the criminal procedure law, the executive law, the family court
act, the general business law, the mental hygiene law, the public health
law, the penal law, the social services law, the vehicle and traffic law
and the administrative code of the city of New York, in relation to the
inclusion of new offenses in existing provisions of law (Part A); and to
amend the education law, in relation to the posting of signs relating to
human trafficking and the content of driver's education courses; to
amend the public health law and the environmental conservation law, in
relation to the posting of signs relating to human trafficking; to amend
the public health law, in relation to making conforming changes; and to
amend the general business law, in relation to education courses for
nail specialty, waxing, natural hair styling, esthetics and cosmetology
(Part B);
PURPOSE OR GENERAL IDEA OF BILL:
To combat and prevent human trafficking across New York State by estab- lishing a comprehensive set of measures including increasing penalties for trafficking on school premises and increasing public awareness and education. Requiring schools, parks, and businesses such as tattoo and body piercing studios to display warning signs or posters with informa- tion about trafficking penalties and the national human trafficking hotline. SUMMARY OF PROVISIONS: Part A - Section 1: adds the crimes of sex trafficking (230.34-b) and labor trafficking (135.38) in a school zone, classifies both crimes as a class A-II felony and updates the penal law accordingly. Part B - Section 1: Amends the Education Law by adding a new S\section 409-o, mandating that all public, charter, and private schools in the state post visible signs that warn against human trafficking and detail the criminal and civil penalties associated with such crimes. A sign must be prominently displayed in a conspicuous place reasonably likely to be viewed by all persons entering the school premises. The signs may also be posted in locations frequented by students and visitors, such as building entrances and common areas. The content, size, and placement of the signs will be regulated by the Commissioner of Education, who must work in consultation with the New York State Anti-Trafficking Task Force. The Department of Education will provide the signage without charge and prioritize the distribution to schools based on reports of criminal activity. Section 2: Amends Section 806-a of the Education Law to require that instruction on the dangers and indicators of human The expanded curric- ulum will equip students with the knowledge to recognize signs of traf- ficking and potentially intervene or report it. The Commissioner of Education, in partnership with the Commissioner of Motor Vehicles and the state's Anti-Trafficking Task Force, will develop specific guide- lines and materials to be incorporated into driver education programs. Section 3: Contains a severability clause ensuring that if any part of the act is found to be invalid by a court, the remainder of the law will remain in effect. It affirms the legislature's intent to enact the law regardless of any individual provision being invalidated. Section 4: Establishes the effective date. JUSTIFICATION: This legislation is modeled after Texas' bipartisan "No Trafficking Zone Act" which enhances penalties for solicitation or trafficking on school premises (No Trafficking Zones), requires posting signs with information to report suspicious activities and enhances education and prevention through drivers' education courses. Human trafficking impacts vulner- able individuals across New York State, particularly youth and marginal- ized populations. This legislation provides strong penalties and a coor- dinated framework for public education and outreach, ensuring New York remains proactive in the fight against human trafficking. PRIOR LEGISLATIVE HISTORY: New bill. FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: To be determined. EFFECTIVE DATE: This act shall take effect immediately provided, however, that 18 the applicable effective date of Parts A through B of this act shall be as specifically set forth in the last section of such Parts (1)https://www.notraffickingzone.org/senate-bill-1831
2025-S8446 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
8446
2025-2026 Regular Sessions
I N S E N A T E
June 25, 2025
___________
Introduced by Sen. ROLISON -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the penal law, in relation to human trafficking offenses
and the classification of certain offenses; and to amend the
correction law, the criminal procedure law, the executive law, the
family court act, the general business law, the mental hygiene law,
the public health law, the penal law, the social services law, the
vehicle and traffic law and the administrative code of the city of New
York, in relation to the inclusion of new offenses in existing
provisions of law (Part A); and to amend the education law, in
relation to the posting of signs relating to human trafficking and the
content of driver's education courses; to amend the public health law
and the environmental conservation law, in relation to the posting of
signs relating to human trafficking; to amend the public health law,
in relation to making conforming changes; and to amend the general
business law, in relation to education courses for nail specialty,
waxing, natural hair styling, esthetics and cosmetology (Part B);
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 "no traf-
ficking zone act".
§ 2. This act enacts into law major components of legislation neces-
sary to implement certain provisions regarding human trafficking. Each
component is wholly contained within a Part identified as Parts A
through B. The effective date for each particular provision contained
within such Part is set forth in the last section of such Part. Any
provision in any section contained within a Part, including the effec-
tive date of the Part, which makes a reference to a section "of this
act", when used in connection with that particular component, shall be
deemed to mean and refer to the corresponding section of the Part in
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10731-02-5
S. 8446 2
which it is found. Section four of this act sets forth the general
effective date of this act.
PART A
Section 1. The penal law is amended by adding a new section 230.34-b
to read as follows:
§ 230.34-B SEX TRAFFICKING IN A SCHOOL ZONE.
1. A PERSON IS GUILTY OF SEX TRAFFICKING IN A SCHOOL ZONE WHEN SUCH
PERSON COMMITS THE OFFENSE OF SEX TRAFFICKING AS DEFINED IN SECTION
230.34 OF THIS ARTICLE AND IS:
(A) IN A SCHOOL ZONE DURING HOURS THAT THE SCHOOL IS IN SESSION; OR
(B) IN ANY LOCATION WHERE AN OFFICIAL FUNCTION OF PUBLIC OR PRIVATE
ELEMENTARY, PAROCHIAL, INTERMEDIATE, JUNIOR HIGH, VOCATIONAL, OR HIGH
SCHOOL IS OCCURRING.
2. FOR THE PURPOSES OF THIS SECTION, "SCHOOL ZONE" SHALL MEAN SCHOOL
ZONE AS DEFINED IN SUBDIVISION TWO OF SECTION 230.03 OF THIS ARTICLE.
SEX TRAFFICKING IN A SCHOOL ZONE IS A CLASS A-II FELONY.
§ 2. The closing paragraph of section 230.34-a of the penal law, as
added by chapter 189 of the laws of 2018, is amended to read as follows:
Sex trafficking of a child is a class [B] A-II felony.
§ 3. The penal law is amended by adding a new section 135.38 to read
as follows:
§ 135.38 LABOR TRAFFICKING IN A SCHOOL ZONE.
1. A PERSON IS GUILTY OF LABOR TRAFFICKING IN A SCHOOL ZONE WHEN SUCH
PERSON COMMITS THE OFFENSE OF LABOR TRAFFICKING, AS DEFINED IN SECTION
135.35 OF THIS ARTICLE AND IS:
(A) IN A SCHOOL ZONE DURING HOURS THAT THE SCHOOL IS IN SESSION; OR
(B) IN ANY LOCATION WHERE AN OFFICIAL FUNCTION OF PUBLIC OR PRIVATE
ELEMENTARY, PAROCHIAL, INTERMEDIATE, JUNIOR HIGH, VOCATIONAL, OR HIGH
SCHOOL IS OCCURRING.
2. FOR THE PURPOSES OF THIS SECTION, "SCHOOL ZONE" SHALL MEAN SCHOOL
ZONE AS DEFINED IN SUBDIVISION TWO OF SECTION 230.03 OF THIS PART.
LABOR TRAFFICKING IN A SCHOOL ZONE IS A CLASS A-II FELONY.
§ 4. Subdivision 2 of section 230.03 of the penal law, as amended by
chapter 368 of the laws of 2015, is amended to read as follows:
2. For the purposes of this section, section 230.08 [and], section
230.19 AND SECTION 230.34-B of this article, AND SECTION 135.38 OF THIS
PART "school zone" 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 adjacent to the boundary line of such school.
§ 5. Subparagraph (i) of paragraph (a) of subdivision 2 of section
168-a of the correction law, as amended by chapter 23 of the laws of
2024, 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, former
section 130.40, former section 130.45, sections 130.60, 230.34,
230.34-a, 230.34-B, 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 seventeen years
S. 8446 3
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
§ 6. Clause (A) of subparagraph (iv) of paragraph (a) of subdivision 1
of section 245.10 of the criminal procedure law, as amended by section 1
of part HHH of chapter 56 of the laws of 2020, is amended to read as
follows:
(A) Portions of materials claimed to be non-discoverable may be with-
held pending a determination and ruling of the court under section
245.70 of this article; but the defendant shall be notified in writing
that information has not been disclosed under a particular subdivision
of such section, and the discoverable portions of such materials shall
be disclosed to the extent practicable. Information related to or
evidencing the identity of a 911 caller, the victim or witness of an
offense defined under article one hundred thirty or sections 230.34
[and], 230.34-a AND 230.34-B of the penal law, or any other victim or
witness of a crime where the defendant has substantiated affiliation
with a criminal enterprise as defined in subdivision three of section
460.10 of the penal law may be withheld, provided, however, the defend-
ant may move the court for disclosure.
§ 7. Paragraph (c) of subdivision 1 of section 245.20 of the criminal
procedure law, as amended by section 2 of part HHH of chapter 56 of the
laws of 2020, is amended to read as follows
(c) The names and adequate contact information for all persons other
than law enforcement personnel whom the prosecutor knows to have
evidence or information relevant to any offense charged or to any poten-
tial defense thereto, including a designation by the prosecutor as to
which of those persons may be called as witnesses. Nothing in this para-
graph shall require the disclosure of physical addresses; provided,
however, upon a motion and good cause shown the court may direct the
disclosure of a physical address. Information under this subdivision
relating to the identity of a 911 caller, the victim or witness of an
offense defined under article one hundred thirty or section 230.34 [or],
230.34-a OR 230.34-B of the penal law, any other victim or witness of a
crime where the defendant has substantiated affiliation with a criminal
enterprise as defined in subdivision three of section 460.10 of the
penal law, or a confidential informant may be withheld, and redacted
from discovery materials, without need for a motion pursuant to section
245.70 of this article; but the prosecution shall notify the defendant
in writing that such information has not been disclosed, unless the
court rules otherwise for good cause shown.
§ 8. 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 section 230.00 of the penal law; (ii)
the defendant is convicted of a violation in the event such conviction
is in lieu of a plea to or conviction for prostitution under 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
S. 8446 4
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; OR (V) THE COURT FINDS THAT THE
DEFENDANT IS A VICTIM OF SEX TRAFFICKING IN A SCHOOL ZONE UNDER SECTION
230.34-B OF THE PENAL LAW.
§ 9. The opening paragraph of paragraph (i) of subdivision 1 of
section 440.10 of the criminal procedure law, as amended by chapter 629
of the laws of 2021, is amended to read as follows:
The judgment is a conviction where 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, SEX TRAFFICKING IN A SCHOOL ZONE
UNDER SECTION 230.34-B 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, LABOR TRAFFICKING IN A SCHOOL ZONE UNDER
SECTION 135.38 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. Paragraph (e) of subdivision 4 of section 510.10 of the criminal
procedure law, as amended by section 2 of part UU of chapter 56 of the
laws of 2020, is amended to read as follows:
(e) a sex trafficking offense defined in section 230.34 [or], 230.34-a
OR 230.34-B of the penal law, or a felony sex offense defined in section
70.80 of the penal law, or a crime involving incest as defined in
section 255.25, 255.26 or 255.27 of such law, or a misdemeanor defined
in article one hundred thirty of such law;
§ 11. Subparagraph (v) of paragraph (b) of subdivision 1 of section
530.20 of the criminal procedure law, as amended by section 3 of part UU
of chapter 56 of the laws of 2020, is amended to read as follows:
(v) a sex trafficking offense defined in section 230.34 [or], 230.34-a
OR 230.34-B of the penal law, or a felony sex offense defined in section
70.80 of the penal law or a crime involving incest as defined in section
255.25, 255.26 or 255.27 of such law, or a misdemeanor defined in arti-
cle one hundred thirty of such law;
§ 12. Paragraph (e) of subdivision 4 of section 530.40 of the criminal
procedure law, as amended by section 4 of part UU of chapter 56 of the
laws of 2020, is amended to read as follows:
(e) a sex trafficking offense defined in section 230.34 [or], 230.34-a
OR 230.34-B of the penal law, or a felony sex offense defined in section
70.80 of the penal law or a crime involving incest as defined in section
255.25, 255.26 or 255.27 of such law, or a misdemeanor defined in arti-
cle one hundred thirty of such law;
§ 13. Paragraph (b) of subdivision 8 of section 700.05 of the criminal
procedure law, as amended by chapter 23 of the laws of 2024, 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
S. 8446 5
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, 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, a crime
formerly defined in section 130.40 of the penal law, a crime formerly
defined in section 130.45 of the penal law, a crime formerly 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, LABOR TRAFFICKING IN A SCHOOL ZONE AS DEFINED IN SECTION 135.38 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 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
S. 8446 6
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 instrument 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, resi-
dential 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, SEX TRAFFICKING IN A SCHOOL ZONE AS DEFINED IN SECTION
230.34-B 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, criminal manufacture, sale or
transport of an undetectable firearm, rifle or shotgun as defined in
section 265.50 of the penal law, or failure to disclose the origin of a
recording in the first degree as defined in section 275.40 of the penal
law;
§ 14. Paragraph (k) of subdivision 1 of section 108 of the executive
law, as added by chapter 141 of the laws of 2019, is amended to read as
follows:
(k) "Victim of human trafficking" means a victim of any act constitut-
ing an offense as defined under section 135.35, 135.37, 135.38 230.34,
[or] 230.34-a OR 230.34-B of the penal law.
§ 15. Subdivision 5 of section 621 of the executive law, as amended by
chapter 189 of the laws of 2018, 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
S. 8446 7
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,
(13) LABOR TRAFFICKING IN A SCHOOL ZONE AS DEFINED IN SECTION 135.38 OF
THE PENAL LAW, (14) sex trafficking as defined in section 230.34 of the
penal law; [or (14)] (15) sex trafficking of a child as defined in
section 230.34-a of the penal law; (16) SEX TRAFFICKING IN A SCHOOL ZONE
AS DEFINED IN SECTION 230.34-B OF THE PENAL LAW; (17) 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 (18) a person
who has had a frivolous lawsuit filed against them.
§ 16. Subdivision 7 of section 995 of the executive law, as amended
by chapter 715 of the laws of 2021, is amended to read as follows:
7. "Designated offender" means a person convicted of any felony
defined in any chapter of the laws of the state or any misdemeanor
defined in the penal law except: (a) a person convicted of prostitution
under section 230.00 of the penal law, or (b) a person whose partic-
ipation in the offense is determined by a court to have been 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, SEX TRAFFICKING IN A SCHOOL ZONE UNDER SECTION 230.34-B OF
THE PENAL LAW, or trafficking in persons under the trafficking victims
protection act (United States Code, Title 22, Chapter 78).
§ 17. Paragraph (iii) of subdivision (e) of section 1012 of the fami-
ly court act, as amended by chapter 189 of the laws of 2018, 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, 230.32 [and], 230.34-a AND 230.34-B 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.
S. 8446 8
§ 18. Paragraph f of subdivision 1 of section 410 of the general busi-
ness law, as amended by chapter 189 of the laws of 2018, 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; SEX TRAFFICKING IN A SCHOOL ZONE PURSUANT TO
SECTION 230.34-B; 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 successful rehabilitation
to remove the disability has been issued.
§ 19. Subdivision (f) of section 10.03 of the mental hygiene law, as
amended by chapter 189 of the laws of 2018, 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
S. 8446 9
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, SEX TRAFFICK-
ING IN A SCHOOL ZONE AS DEFINED IN SECTION 230.34-B, disseminating inde-
cent 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.
§ 20. 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 OR 230.34-B 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. Paragraph (a) of subdivision 1 of section 70.02 of the penal
law, as amended by chapter 23 of the laws of 2024, 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, a crime formerly 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.
§ 22. Subdivision 1 of section 120.70 of the penal law, as amended by
chapter 189 of the laws of 2018, is amended to read as follows:
1. A person is guilty of luring a child when [he or she] SUCH PERSON
lures a child into a motor vehicle, aircraft, watercraft, isolated area,
S. 8446 10
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 [chapter] TITLE; a felony offense that is a violation of article
one hundred thirty of this [chapter] TITLE; an offense as defined in
section 135.25 of this [chapter] TITLE; an offense as defined in
sections 230.30, 230.33, 230.34 [or], 230.34-a OR 230.34-B of this
[chapter] PART; an offense as defined in sections 255.25, 255.26, or
255.27 of this [chapter] PART; or an offense as defined in sections
263.05, 263.10, or 263.15 of this [chapter] PART. For purposes of this
subdivision "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] TITLE.
§ 23. Subdivision 2 of section 130.91 of the penal law, as amended by
chapter 189 of the laws of 2018, 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, SEX TRAFFICK-
ING IN A SCHOOL ZONE AS DEFINED IN SECTION 230.34-B, disseminating inde-
cent 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.
§ 24. 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 of section 230.25, subdivision 2
of section 230.30 [or], section 230.34-a OR SECTION 230.34-B 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 pros-
S. 8446 11
titution under section 230.33 of this article, a victim of sex traffick-
ing under section 230.34 of this article, a victim of sex trafficking of
a child under section 230.34-a of this article, A VICTIM OF SEX TRAF-
FICKING IN A SCHOOL ZONE UNDER SECTION 230.34-B OF THIS ARTICLE or a
victim of trafficking in persons under the trafficking victims
protection act (United States Code, Title 22, Chapter 78).
§ 25. Paragraph (a) of subdivision 1 of section 460.10 of the penal
law, as amended by chapter 134 of the laws of 2019, 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 AND 135.38
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 crim-
inal possession of stolen property; sections 165.72 and 165.73 relating
to trademark counterfeiting; 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 relating to bribery;
sections 187.10, 187.15, 187.20 and 187.25 relating to residential mort-
gage 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 trafficking of a child; SECTION
230.34-B RELATING TO SEX TRAFFICKING IN A SCHOOL ZONE; 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 265.50 relating to the criminal manufacture, sale
or transport of an undetectable firearm, rifle or shotgun; 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 laun-
dering; or
§ 26. Subdivision 3 of section 485.05 of the penal law, as amended by
section 2 of part C of chapter 55 of the laws of 2024, is amended to
read as follows:
S. 8446 12
3. A "specified offense" is an offense defined by any of the following
provisions of this chapter: section 120.00 (assault in the third
degree); section 120.05 (assault in the second degree); section 120.06
(gang assault in the second degree); section 120.07 (gang assault in the
first degree); section 120.10 (assault in the first degree); section
120.12 (aggravated assault upon a person less than eleven years old);
section 120.13 (menacing in the first degree); section 120.14 (menacing
in the second degree); section 120.15 (menacing in the third degree);
section 120.20 (reckless endangerment in the second degree); section
120.25 (reckless endangerment in the first degree); section 121.11
(criminal obstruction of breathing or blood circulation); section 121.12
(strangulation in the second degree); section 121.13 (strangulation in
the first degree); subdivision one of section 125.15 (manslaughter in
the second degree); subdivision one, two or four of section 125.20
(manslaughter in the first degree); section 125.25 (murder in the second
degree); section 125.26 (aggravated murder); section 125.27 (murder in
the first degree); section 120.45 (stalking in the fourth degree);
section 120.50 (stalking in the third degree); section 120.55 (stalking
in the second degree); section 120.60 (stalking in the first degree);
section 130.20 (sexual misconduct); section 130.25 (rape in the third
degree); section 130.30 (rape in the second degree); section 130.35
(rape in the first degree); former section 130.40; former section
130.45; former section 130.50; section 130.52 (forcible touching);
section 130.53 (persistent sexual abuse); section 130.55 (sexual abuse
in the third degree); section 130.60 (sexual abuse in the second
degree); section 130.65 (sexual abuse in the first degree); section
130.65-a (aggravated sexual abuse in the fourth degree); section 130.66
(aggravated sexual abuse in the third degree); section 130.67 (aggra-
vated sexual abuse in the second degree); section 130.70 (aggravated
sexual abuse in the first degree); section 135.05 (unlawful imprisonment
in the second degree); section 135.10 (unlawful imprisonment in the
first degree); section 135.20 (kidnapping in the second degree); section
135.25 (kidnapping in the first degree); section 135.60 (coercion in the
third degree); section 135.61 (coercion in the second degree); section
135.65 (coercion in the first degree); section 140.10 (criminal trespass
in the third degree); section 140.15 (criminal trespass in the second
degree); section 140.17 (criminal trespass in the first degree); section
140.20 (burglary in the third degree); section 140.25 (burglary in the
second degree); section 140.30 (burglary in the first degree); section
145.00 (criminal mischief in the fourth degree); section 145.05 (crimi-
nal mischief in the third degree); section 145.10 (criminal mischief in
the second degree); section 145.12 (criminal mischief in the first
degree); section 150.05 (arson in the fourth degree); section 150.10
(arson in the third degree); section 150.15 (arson in the second
degree); section 150.20 (arson in the first degree); section 155.25
(petit larceny); section 155.30 (grand larceny in the fourth degree);
section 155.35 (grand larceny in the third degree); section 155.40
(grand larceny in the second degree); section 155.42 (grand larceny in
the first degree); section 160.05 (robbery in the third degree); section
160.10 (robbery in the second degree); section 160.15 (robbery in the
first degree); section 230.34 (sex trafficking); section 230.34-a (sex
trafficking of a child); SECTION 230.34-B (SEX TRAFFICKING IN A SCHOOL
ZONE); section 240.25 (harassment in the first degree); subdivision one,
two or four of section 240.30 (aggravated harassment in the second
degree); section 240.50 (falsely reporting an incident in the third
degree); section 240.55 (falsely reporting an incident in the second
S. 8446 13
degree); section 240.60 (falsely reporting an incident in the first
degree); subdivision one of section 265.03 (criminal possession of a
weapon in the second degree); subdivision one of section 265.04 (crimi-
nal possession of a weapon in the first degree); section 490.10 (solic-
iting or providing support for an act of terrorism in the second
degree); section 490.15 (soliciting or providing support for an act of
terrorism in the first degree); section 490.20 (making a terroristic
threat); section 490.25 (crime of terrorism); section 490.30 (hindering
prosecution of terrorism in the second degree); section 490.35 (hinder-
ing prosecution of terrorism in the first degree); section 490.37 (crim-
inal possession of a chemical weapon or biological weapon in the third
degree); section 490.40 (criminal possession of a chemical weapon or
biological weapon in the second degree); section 490.45 (criminal
possession of a chemical weapon or biological weapon in the first
degree); section 490.47 (criminal use of a chemical weapon or biological
weapon in the third degree); section 490.50 (criminal use of a chemical
weapon or biological weapon in the second degree); section 490.55 (crim-
inal use of a chemical weapon or biological weapon in the first degree);
or any attempt or conspiracy to commit any of the foregoing offenses.
§ 27. Paragraph (a) of subdivision 1 of section 447-a of the social
services law, as amended by chapter 189 of the laws of 2018, is amended
to read as follows:
(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 OR THE CRIME OF
SEX TRAFFICKING IN A SCHOOL ZONE AS DEFINED IN SECTION 230.34-B OF PENAL
LAW;
§ 28. 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, THE CRIME OF
SEX TRAFFICKING OF A CHILD AS DEFINED IN SECTION 230.34-A OF THE
PENAL LAW OR THE CRIME OF SEX TRAFFICKING IN A SCHOOL ZONE AS DEFINED IN
SECTION 230.34-B OF THE PENAL LAW, or a victim of labor trafficking as
defined in section 135.35, 135.36, 135.37 OR 135.38 of the penal law.
§ 29. Paragraph (i) of subdivision (c) of section 483-bb of the
social services law, as amended by chapter 311 of the laws of 2021, is
amended to read as follows:
(i) 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] THEY WERE
advancing or profiting from, an act in violation of section 230.33,
230.34, 230.34-a, 230.34-B, 135.35 [or], 135.37 OR 135.38 of the penal
law to recover actual, compensatory and punitive damages, injunctive
relief, any combination of those or any other appropriate relief, as
well as reasonable attorney's fees.
§ 30. Paragraph (a) of subdivision 4 of section 509-cc of the vehicle
and traffic law, as amended by chapter 23 of the laws of 2024, 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, former sections 130.45 and
S. 8446 14
130.50, sections 130.65, 130.66, 130.67, 130.70, 130.75, 130.80, 130.90,
130.95, 130.96, 135.25, 135.38, 150.20, 230.30, 230.32, 230.34,
230.34-a, 230.34-B, 235.22, 263.05, 263.10, 263.11, 263.15, 263.16 of
the penal law or an attempt to commit any of the aforesaid 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.
§ 31. Subdivisions 1 and 2 of section 510-d of the vehicle and traffic
law, as amended by chapter 189 of the laws of 2018, 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, 230.34-B 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] THEIR driver's license suspended under
subdivision 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, 230.34-B or 230.40 of the penal law and the holder used a for
hire motor vehicle to commit such crime.
§ 32. 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 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; (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) ARE A VICTIM
OF THE CRIME OF SEX TRAFFICKING IN SCHOOL ZONES AS DEFINED IN SECTION
230.34-B OF THE PENAL LAW; OR (F) 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, respectively, or any of the
sex offenses enumerated in article one hundred thirty of the penal law.
§ 33. Subparagraph i of paragraph 7 of subdivision a of section 9-131
of the administrative code of the city of New York, as amended by chap-
ter 189 of the laws of 2018, 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,
S. 8446 15
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, FORMER SECTION
125.40, FORMER SECTION 125.45, 130.25, 130.30, 130.35, FORMER SECTION
130.40, FORMER SECTION 130.45, FORMER SECTION 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, 135.38, 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, 230.34-B, 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;
§ 34. Subparagraph i of paragraph 6 of subdivision a of section 14-154
of the administrative code of the city of New York, as amended by chap-
ter 189 of the laws of 2018, 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, FORMER SECTION
125.40, FORMER SECTION 125.45, 130.25, 130.30, 130.35, FORMER SECTION
130.40, FORMER SECTION 130.45, FORMER SECTION 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, 135.38, 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, 230.34-B, 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;
§ 35. The definition of "human trafficking" in subdivision a of
section 14-192 of the administrative code of the city of New York, as
added by local law number 49 of the city of New York for the year 2022,
is amended to read as follows:
Human trafficking. The term "human trafficking" shall mean an act or
threat of an act that may constitute sex trafficking, as defined in
[section] SECTIONS 230.34, 230.34-A AND 230.34-B of the penal law, or
labor trafficking, as defined in [section] SECTIONS 135.35 [and], 135.36
AND 135.38 of the penal law.
§ 36. The definition of "human trafficking" of section 20-565 of the
administrative code of the city of New York, as added by local law
number 104 of the city of New York for the year 2024, is amended to read
as follows:
S. 8446 16
Human trafficking. The term "human trafficking" shall mean an act or
threat of an act that may constitute sex trafficking, as defined in
section 230.34 of the penal law, child sex trafficking, as defined in
section 230.34-a of the penal law, SEX TRAFFICKING IN SCHOOL ZONES, AS
DEFINED IN SECTION 230.34-B OF THE PENAL LAW, accomplice to sex traf-
ficking, as defined in section 230.36 of the penal law, or labor traf-
ficking, as defined in sections 135.35, 135.36, [and] 135.37 AND 135.38
of the penal law.
§ 37. The definition of "human trafficking" of section 20-912 of the
administrative code of the city of New York, as amended by local law
number 97 of the city of New York for the year 2020, is amended to read
as follows:
"Human trafficking" shall mean an act or threat of an act that may
constitute sex trafficking, as defined in [section] SECTIONS 230.34,
230.34-A AND 230.34-B of the penal law, or labor trafficking, as defined
in [section] SECTIONS 135.35 [and], 135.36 AND 135.38 of the penal law.
§ 38. This act shall take effect January 1, 2026 and shall apply to
offenses committed on and after such effective date.
PART B
Section 1. The education law is amended by adding a new section 409-o
to read as follows:
§ 409-O. POSTING OF WARNING SIGNS OF INCREASED TRAFFICKING PENALTIES.
1. EVERY PUBLIC SCHOOL, INCLUDING CHARTER SCHOOLS, AND EVERY PRIVATE
SCHOOL SHALL POST WARNING SIGNS OF THE PENALTIES FOR TRAFFICKING OF
PERSONS UNDER SECTIONS 135.38, 230.34-A AND 230.34-B OF THE PENAL LAW AT
A CONSPICUOUS PLACE REASONABLY LIKELY TO BE VIEWED BY ALL PERSONS ENTER-
ING THE SCHOOL PREMISES AND MAY POST SUCH SIGNS AT THE FOLLOWING
LOCATIONS:
(A) PARALLEL TO AND ALONG THE EXTERIOR BOUNDARIES OF THE SCHOOL'S
PREMISES;
(B) AT EACH ROADWAY OR OTHER WAY OF ACCESS TO THE SCHOOL'S PREMISES;
(C) FOR SCHOOL PREMISES NOT FENCED, AT LEAST EVERY FIVE HUNDRED FEET
ALONG THE EXTERIOR BOUNDARIES OF THE PREMISES;
(D) AT EACH ENTRANCE TO THE SCHOOL PREMISES; AND
(E) AT CONSPICUOUS PLACES REASONABLY LIKELY TO BE VIEWED BY ALL
PERSONS ENTERING THE SCHOOL PREMISES.
2. THE DEPARTMENT, IN CONSULTATION WITH THE INTERAGENCY TASK FORCE ON
HUMAN TRAFFICKING ESTABLISHED UNDER SECTION FOUR HUNDRED EIGHTY-THREE-EE
OF THE SOCIAL SERVICES LAW, SHALL ADOPT RULES REGARDING THE PLACEMENT,
INSTALLATION, DESIGN, SIZE, WORDING, AND MAINTENANCE PROCEDURES FOR THE
WARNING SIGNS REQUIRED UNDER THIS SECTION. THE RULES MUST REQUIRE THAT
EACH WARNING SIGN:
(A) INCLUDE A DESCRIPTION OF THE PENALTIES FOR THE VIOLATION OF
SECTIONS 135.38, 230.34-A AND 230.34-B OF THE PENAL LAW, INCLUDING THE
PENALTIES FOR VIOLATING SUCH SECTIONS;
(B) BE AT LEAST 8-1/2 BY 11 INCHES IN SIZE; AND
(C) BE WRITTEN IN ENGLISH AND SPANISH; PROVIDED THAT THE COMMISSIONER
MAY ALLOW ONE SIGN OR POSTER IN ENGLISH AND ONE SIGN OR POSTER IN SPAN-
ISH AND/OR MAY REQUIRE THE DISPLAY OF SIGNS IN OTHER LANGUAGES AS DETER-
MINED BY THE COMMISSIONER.
3. THE DEPARTMENT SHALL PROVIDE EACH SCHOOL WITHOUT CHARGE THE NUMBER
OF WARNING SIGNS REQUIRED TO COMPLY WITH THIS SECTION AND RULES ADOPTED
UNDER THIS SECTION. IF THE DEPARTMENT IS UNABLE TO PROVIDE EACH SCHOOL
S. 8446 17
WITH THE NUMBER OF SIGNS NECESSARY TO COMPLY WITH SUBDIVISION TWO OF
THIS SECTION, THE DEPARTMENT MAY:
(A) PROVIDE TO A SCHOOL FEWER SIGNS THAN THE NUMBER NECESSARY TO
COMPLY WITH THAT SECTION; AND
(B) PRIORITIZE DISTRIBUTION OF SIGNS TO SCHOOLS BASED ON REPORTS OF
CRIMINAL ACTIVITY IN THE AREAS NEAR THAT SCHOOL.
4. THE COMMISSIONER SHALL ADOPT RULES AND REGULATIONS RELATING TO THE
POSTING REQUIRED BY THIS SECTION.
§ 2. Section 806-a of the education law, as amended by chapter 644 of
the laws of 2002, is amended to read as follows:
§ 806-a. Driver education. 1. Notwithstanding any other provision of
law, all school districts providing instruction in driver education
shall include in such instruction: (a) a driver safety component with an
emphasis on the effects of alcohol and drug use, (b) instruction in
motorcycle safety awareness, AND (C) INFORMATION RELATING TO HUMAN TRAF-
FICKING PREVENTION. The commissioner, upon approval by the commissioner
of motor vehicles, shall establish a curriculum for the alcohol and drug
education component which shall include but not be limited to: instruc-
tion describing the hazards of driving while impaired or intoxicated;
the penalties for alcohol related motor vehicle violations including
sanctions set forth in the penal law that apply to homicides and
assaults arising out of the operation of a motor vehicle while intoxi-
cated and those sanctions set forth in the vehicle and traffic law
relating to driving while intoxicated; and the medical, biological and
physiological effects of the consumption of alcohol and their impact on
the operation of a motor vehicle.
2. (A) The commissioner, upon approval of the commissioner of motor
vehicles, shall establish by regulation a certification process by driv-
er education courses of the amount of time a holder of a class DJ or
class MJ learner's permit has spent operating a motor vehicle while
under the immediate supervision of a driver education teacher. A certif-
icate issued pursuant to this subdivision shall be deemed to be proof of
all or a portion of the supervised driving experience required under
certification pursuant to paragraph (d) of subdivision two of section
five hundred two of the vehicle and traffic law.
(B) THE COMMISSIONER, IN CONSULTATION WITH THE INTERAGENCY TASK FORCE
ON HUMAN TRAFFICKING ESTABLISHED UNDER SECTION FOUR HUNDRED EIGHTY-
THREE-EE OF THE SOCIAL SERVICES LAW, SHALL PROMULGATE RULES AND REGU-
LATIONS IMPLEMENTING THIS SECTION NO LATER THAN SIX MONTHS AFTER THE
EFFECTIVE DATE OF THIS PARAGRAPH. THE CURRICULUM SHALL BE INCLUDED IN
EACH DRIVER EDUCATION COURSE OR DRIVING SAFETY COURSE HELD ON OR AFTER
SEPTEMBER FIRST, TWO THOUSAND TWENTY-SIX.
§ 3. Section 465 of the public health law is amended by adding a new
subdivision 6 to read as follows:
6. ESTABLISH RULES AND REGULATIONS FOR THE POSTING OF REQUIRED SIGNAGE
AND NOTICES IN OR ON THE PREMISES WHERE A BODY PIERCING SPECIALIST OR
TATTOOIST CONDUCTS PRACTICE.
§ 4. The public health law is amended by adding a new section 468 to
read as follows:
§ 468. POSTING OF SIGNS RELATING TO HUMAN TRAFFICKING. 1. THE COMMIS-
SIONER SHALL REQUIRE ANY PERSON OR BUSINESS ENTITY OPERATING A TATTOO
STUDIO OR BODY PIERCING STUDIO TO DISPLAY ONE OR MORE COPIES OF THE
NATIONAL HUMAN TRAFFICKING RESOURCE CENTER HOTLINE POSTER DESCRIBED IN
SECTION FOUR HUNDRED EIGHTY-THREE-FF OF THE SOCIAL SERVICES LAW IN OR ON
THE PREMISES WHERE A BODY PIERCING SPECIALIST OR TATTOOIST CONDUCTS
PRACTICE.
S. 8446 18
2. AT A MINIMUM, A PERSON OR BUSINESS ENTITY SUBJECT TO THE POSTING
REQUIREMENT OF THIS SECTION SHALL BE REQUIRED TO DISPLAY A BILINGUAL
VERSION OF THE SIGN OR POSTER IN ENGLISH AND SPANISH OR TO DISPLAY ONE
POSTER IN ENGLISH AND ONE POSTER IN SPANISH. A PERSON OR BUSINESS ENTITY
MAY BE REQUIRED TO DISPLAY SIGNS OR POSTERS IN OTHER LANGUAGES AS DETER-
MINED BY THE COMMISSIONER.
3. ANY PERSON OR BUSINESS ENTITY SUBJECT TO THE POSTING REQUIREMENT OF
THIS SECTION SHALL DISPLAY, IN AN UPRIGHT POSITION AND IN A CONSPICUOUS
PLACE WHERE IT CAN BE EASILY READ BY CLIENTELE AND EMPLOYEES OF THE
ESTABLISHMENT, ANY SIGN OR POSTER REQUIRED BY THE AUTHORITY.
4. IF THE NATIONAL HUMAN TRAFFICKING HOTLINE TOLL-FREE NUMBER CHANGES,
THE COMMISSIONER SHALL NOTIFY EACH PERSON OR BUSINESS ENTITY SUBJECT TO
THE POSTING REQUIREMENT OF THIS SECTION OF THE CHANGE AND SHALL REQUIRE
THE DISPLAY OF ONE OR MORE SIGNS OR POSTERS WITH THE NEW TOLL-FREE
NUMBER WITHIN THIRTY DAYS OF SUCH NOTIFICATION.
5. ANY PERSON OR BUSINESS ENTITY SUBJECT TO THE POSTING REQUIREMENT OF
THIS SECTION WHO VIOLATES THE PROVISIONS OF THIS SECTION SHALL BE
SUBJECT TO A CIVIL PENALTY, NOT TO EXCEED ONE HUNDRED DOLLARS FOR EACH
DAY OF VIOLATION.
§ 5. The environmental conservation law is amended by adding a new
section 9-0905 to read as follows:
§ 9-0905. POSTING OF SIGNS RELATING TO HUMAN TRAFFICKING.
1. THE COMMISSIONER SHALL REQUIRE THE DEPARTMENT TO DISPLAY ONE OR
MORE COPIES OF THE NATIONAL HUMAN TRAFFICKING RESOURCE CENTER HOTLINE
POSTER DESCRIBED IN SECTION FOUR HUNDRED EIGHTY-THREE-FF OF THE SOCIAL
SERVICES LAW IN OR ON THE PREMISES OF PARKS SUBJECT TO THE JURISDICTION
OF THE DEPARTMENT.
2. AT A MINIMUM, THE POSTING REQUIREMENT OF THIS SECTION SHALL REQUIRE
THE DISPLAY OF AT LEAST ONE BILINGUAL VERSION OF THE SIGN OR POSTER IN
ENGLISH AND SPANISH OR THE DISPLAY OF ONE POSTER IN ENGLISH AND ONE
POSTER IN SPANISH AT EACH ENTRANCE INTO THE PARK. THE DISPLAY OF ADDI-
TIONAL POSTERS OR POSTERS IN OTHER LANGUAGES MAY BE REQUIRED BY THE
COMMISSIONER.
3. EACH POSTER SHALL BE DISPLAYED, IN AN UPRIGHT POSITION AND IN A
CONSPICUOUS PLACE WHERE IT CAN BE EASILY READ BY PERSONS ENTERING THE
PARK.
4. IF THE NATIONAL HUMAN TRAFFICKING HOTLINE TOLL-FREE NUMBER CHANGES,
THE COMMISSIONER SHALL NOTIFY THE DEPARTMENT OF THE CHANGE AND SHALL
REQUIRE THE DISPLAY OF ONE OR MORE SIGNS OR POSTERS WITH THE NEW TOLL-
FREE NUMBER WITHIN THIRTY DAYS OF SUCH NOTIFICATION.
§ 6. Section 408-b of the general business law, as amended by chapter
71 of the laws of 2020, is amended to read as follows:
§ 408-b. Domestic violence [and], sexual assault AND HUMAN TRAFFICKING
awareness education. The department shall ensure that domestic violence
[and], sexual assault AND HUMAN TRAFFICKING awareness education courses
are made available to all licensees and applicants for a license or
renewal pursuant to this article and that such courses are offered
through the department's website. The department, in consultation with
the office for the prevention of domestic violence and advocacy groups
recognized by the federal department of health and human services or the
federal department of justice, which have the ability to coordinate
statewide and with local communities on programming and educational
materials related to the prevention and intervention of domestic
violence [or], sexual assault OR HUMAN TRAFFICKING in New York state,
shall develop and provide access to domestic violence [and] sexual
S. 8446 19
assault, AND HUMAN TRAFFICKING awareness education courses appropriate
for those licensed under this article.
§ 7. The department of education is required to implement the
provisions of section one of this act only if the legislature appropri-
ates money specifically for that purpose. If the legislature does not
appropriate money specifically for that purpose, the department of
education may, but is not required to, implement such provisions using
other appropriations available for that purpose.
§ 8. This act shall take effect January 1, 2026 and shall apply to
violations committed on and after such effective date. Effective imme-
diately, 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 effective date.
§ 3. Severability. If any clause, sentence, paragraph, subdivision,
section or part of this act shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair, or
invalidate the remainder thereof, but shall be confined in its operation
to the clause, sentence, paragraph, subdivision, section or part thereof
directly involved in the controversy in which such judgment shall have
been rendered. It is hereby declared to be the intent of the legislature
that this act would have been enacted even if such invalid provisions
had not been included herein.
§ 4. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through B of this act shall be
as specifically set forth in the last section of such Parts.
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