Bill Text: NY A06823 | 2017-2018 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Establishes the crime of sex trafficking of a child; intentionally advances or profits from prostitution of another where such person is a child less than eighteen years old.

Spectrum: Moderate Partisan Bill (Democrat 71-9)

Status: (Passed) 2018-08-15 - signed chap.189 [A06823 Detail]

Download: New_York-2017-A06823-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         6823--A
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                     March 21, 2017
                                       ___________
        Introduced  by  M.  of  A.  PAULIN,  DINOWITZ,  BARRETT,  BLAKE, COLTON,
          GUNTHER, PALMESANO, JAFFEE, MOSLEY -- read once and  referred  to  the
          Committee  on  Codes  --  committee  discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee
        AN ACT to amend the penal law, in relation to establishing the crime  of
          sex  trafficking of a child and in relation to promoting prostitution;
          to amend the penal law, the correction  law,  the  criminal  procedure
          law,  the social services law, the vehicle and traffic law, the admin-
          istrative code of the city of New York,  the  civil  rights  law,  the
          family  court  act,  the mental hygiene law, the real property actions
          and proceedings law, the public health law,  the  executive  law,  the
          general  business law and the real property law, in relation to making
          technical corrections  concerning  sex  trafficking  of  a  child  and
          promoting  prostitution; and to repeal certain provisions of the penal
          law relating thereto
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  The penal law is amended by adding a new section 230.34-a
     2  to read as follows:
     3  § 230.34-a Sex trafficking of a child.
     4    1. A person is guilty of sex trafficking of a child  when  he  or  she
     5  intentionally  advances  or  profits from prostitution of another person
     6  and such other person is a child less than eighteen years old. Knowledge
     7  by the defendant of the age of such child is  not  an  element  of  this
     8  offense  and  it  is  not  a  defense to a prosecution therefor that the
     9  defendant did not know the age of the child or believed such age  to  be
    10  the same as or greater than that specified in this section.
    11    2.  In  any  prosecution  under this section in which the defendant is
    12  less than nineteen years old, it is  an  affirmative  defense  that  the
    13  defendant's  participation  in the offense was a result of having been a
    14  victim of sex trafficking under section 230.34  of  this  article  or  a
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09066-07-7

        A. 6823--A                          2
     1  victim   of   trafficking  in  persons  under  the  trafficking  victims
     2  protection act (United States Code, Title 22, Chapter 78) at the time of
     3  the instant offense.
     4    Sex trafficking of a child is a class B felony.
     5    § 2. Section 230.30 of the penal law, as amended by chapter 368 of the
     6  laws of 2015, is amended to read as follows:
     7  § 230.30 Promoting prostitution in the second degree.
     8    A person is guilty of promoting prostitution in the second degree when
     9  he or she knowingly[:
    10    1.  Advances] advances prostitution by compelling a person by force or
    11  intimidation to engage in prostitution, or profits  from  such  coercive
    12  conduct by another[; or
    13    2.  Advances  or profits from prostitution of a person less than eigh-
    14  teen years old].
    15    Promoting prostitution in the second degree is a class C felony.
    16    § 3. Sections 230.32 and 230.33 of the penal law are REPEALED.
    17    § 4. Paragraph (a) of subdivision 1 of section 70.02 of the penal law,
    18  as amended by chapter 368 of the laws of 2015, is  amended  to  read  as
    19  follows:
    20    (a)  Class  B  violent felony offenses: an attempt to commit the class
    21  A-I felonies of murder in  the  second  degree  as  defined  in  section
    22  125.25, kidnapping in the first degree as defined in section 135.25, and
    23  arson  in the first degree as defined in section 150.20; manslaughter in
    24  the first degree as defined in section 125.20,  aggravated  manslaughter
    25  in  the  first  degree  as  defined in section 125.22, rape in the first
    26  degree as defined in section 130.35, criminal sexual act  in  the  first
    27  degree  as  defined  in  section  130.50, aggravated sexual abuse in the
    28  first degree as defined in section  130.70,  course  of  sexual  conduct
    29  against  a  child  in  the  first  degree  as defined in section 130.75;
    30  assault in the first degree as defined in section 120.10, kidnapping  in
    31  the  second  degree  as defined in section 135.20, burglary in the first
    32  degree as defined in section 140.30,  arson  in  the  second  degree  as
    33  defined  in  section  150.15,  robbery in the first degree as defined in
    34  section 160.15, sex trafficking as defined in paragraphs (a) and (b)  of
    35  subdivision  five  of  section  230.34,  sex  trafficking  of a child as
    36  defined in section 230.34-a, incest in the first degree  as  defined  in
    37  section  255.27,  criminal possession of a weapon in the first degree as
    38  defined in section 265.04, criminal use of a firearm in the first degree
    39  as defined in section 265.09, criminal sale of a firearm  in  the  first
    40  degree  as  defined  in section 265.13, aggravated assault upon a police
    41  officer or a peace officer as defined in section 120.11, gang assault in
    42  the first degree as defined in section 120.07, intimidating a victim  or
    43  witness  in  the  first  degree  as defined in section 215.17, hindering
    44  prosecution of terrorism in the  first  degree  as  defined  in  section
    45  490.35, criminal possession of a chemical weapon or biological weapon in
    46  the  second  degree  as defined in section 490.40, and criminal use of a
    47  chemical weapon or biological weapon in the third degree as  defined  in
    48  section 490.47.
    49    §  5.  Paragraph  (a)  of subdivision 1 of section 460.10 of the penal
    50  law, as amended by chapter 368 of the laws of 2015, is amended  to  read
    51  as follows:
    52    (a)  Any  of  the felonies set forth in this chapter: sections 120.05,
    53  120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat-
    54  ing to strangulation; sections 125.10 to 125.27  relating  to  homicide;
    55  sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and
    56  135.25  relating  to  kidnapping; sections 135.35 and 135.37 relating to

        A. 6823--A                          3
     1  labor trafficking; section 135.65 relating to coercion; sections 140.20,
     2  140.25 and 140.30 relating to  burglary;  sections  145.05,  145.10  and
     3  145.12 relating to criminal mischief; article one hundred fifty relating
     4  to  arson;  sections 155.30, 155.35, 155.40 and 155.42 relating to grand
     5  larceny; sections 177.10, 177.15, 177.20 and 177.25 relating  to  health
     6  care  fraud;  article  one  hundred  sixty relating to robbery; sections
     7  165.45, 165.50, 165.52 and 165.54 relating  to  criminal  possession  of
     8  stolen  property; sections 165.72 and 165.73 relating to trademark coun-
     9  terfeiting; sections 170.10, 170.15, 170.25, 170.30, 170.40, 170.65  and
    10  170.70  relating to forgery; sections 175.10, 175.25, 175.35, 175.40 and
    11  210.40 relating to false statements; sections 176.15, 176.20, 176.25 and
    12  176.30 relating to insurance fraud; sections 178.20 and 178.25  relating
    13  to  criminal  diversion  of  prescription medications and prescriptions;
    14  sections 180.03, 180.08, 180.15, 180.25, 180.40, 180.45, 200.00, 200.03,
    15  200.04, 200.10, 200.11, 200.12, 200.20, 200.22, 200.25, 200.27,  200.56,
    16  215.00,  215.05  and  215.19; sections 187.10, 187.15, 187.20 and 187.25
    17  relating to residential  mortgage  fraud,  sections  190.40  and  190.42
    18  relating  to  criminal  usury;  section  190.65  relating  to schemes to
    19  defraud; any felony defined in article four hundred ninety-six; sections
    20  205.60 and 205.65 relating to hindering  prosecution;  sections  210.10,
    21  210.15,  and  215.51  relating  to  perjury and contempt; section 215.40
    22  relating to tampering with physical evidence; sections  220.06,  220.09,
    23  220.16,  220.18, 220.21, 220.31, 220.34, 220.39, 220.41, 220.43, 220.46,
    24  220.55, 220.60, 220.65 and 220.77  relating  to  controlled  substances;
    25  sections  225.10 and 225.20 relating to gambling; sections 230.25[,] and
    26  230.30[, and 230.32] relating to promoting prostitution; section  230.34
    27  relating  to sex trafficking; section 230.34-a relating to sex traffick-
    28  ing of a child; sections 235.06, 235.07, 235.21 and 235.22  relating  to
    29  obscenity;  sections  263.10  and  263.15 relating to promoting a sexual
    30  performance by a child; sections 265.02, 265.03, 265.04, 265.11, 265.12,
    31  265.13 and the provisions of section 265.10 which  constitute  a  felony
    32  relating  to  firearms  and other dangerous weapons; sections 265.14 and
    33  265.16 relating to criminal sale of a firearm; section  275.10,  275.20,
    34  275.30,  or  275.40  relating  to  unauthorized recordings; and sections
    35  470.05, 470.10, 470.15 and 470.20 relating to money laundering; or
    36    § 6. Subdivision 4 of section 60.05 of the penal law,  as  amended  by
    37  chapter 738 of the laws of 2004, is amended to read as follows:
    38    4.  Certain  class  C felonies. Except as provided in subdivision six,
    39  every person convicted of a class C violent felony offense as defined in
    40  subdivision one of section 70.02 of this title,  must  be  sentenced  to
    41  imprisonment in accordance with section 70.02 of this title; and, except
    42  as  provided  in subdivision six of this section, every person convicted
    43  of the class C felonies of: attempt to commit any of the class  B  felo-
    44  nies  of bribery in the first degree as defined in section 200.04, bribe
    45  receiving in the first degree as defined in section  200.12,  conspiracy
    46  in  the second degree as defined in section 105.15 and criminal mischief
    47  in the first degree as defined in section 145.12; criminal usury in  the
    48  first degree as defined in section 190.42, rewarding official misconduct
    49  in  the  first degree as defined in section 200.22, receiving reward for
    50  official misconduct in the first degree as defined  in  section  200.27,
    51  [attempt  to  promote  prostitution  in  the  first degree as defined in
    52  section 230.32,] promoting prostitution in the second degree as  defined
    53  in  section  230.30,  arson  in  the  third degree as defined in section
    54  150.10 of this chapter, must be sentenced to imprisonment in  accordance
    55  with section 70.00 of this title.

        A. 6823--A                          4
     1    §  7.  Subdivision 2 of section 130.91 of the penal law, as amended by
     2  chapter 405 of the laws of 2010, is amended to read as follows:
     3    2.  A  "specified  offense"  is a felony offense defined by any of the
     4  following provisions of this chapter: assault in the  second  degree  as
     5  defined  in  section  120.05,  assault in the first degree as defined in
     6  section 120.10, gang assault in the second degree as defined in  section
     7  120.06,  gang  assault in the first degree as defined in section 120.07,
     8  stalking in the first degree as defined in section 120.60, strangulation
     9  in the second degree as defined in section 121.12, strangulation in  the
    10  first  degree  as  defined in section 121.13, manslaughter in the second
    11  degree as defined in subdivision one of section 125.15, manslaughter  in
    12  the  first  degree  as  defined  in section 125.20, murder in the second
    13  degree as defined in section 125.25, aggravated  murder  as  defined  in
    14  section 125.26, murder in the first degree as defined in section 125.27,
    15  kidnapping in the second degree as defined in section 135.20, kidnapping
    16  in  the first degree as defined in section 135.25, burglary in the third
    17  degree as defined in section 140.20, burglary in the  second  degree  as
    18  defined  in  section  140.25, burglary in the first degree as defined in
    19  section 140.30, arson in the second degree as defined in section 150.15,
    20  arson in the first degree as defined in section 150.20, robbery  in  the
    21  third  degree as defined in section 160.05, robbery in the second degree
    22  as defined in section 160.10, robbery in the first degree as defined  in
    23  section  160.15,  promoting prostitution in the second degree as defined
    24  in section 230.30,  [promoting  prostitution  in  the  first  degree  as
    25  defined in section 230.32, compelling prostitution as defined in section
    26  230.33,]  sex  trafficking  of  a  child as defined in section 230.34-a,
    27  disseminating indecent material to minors in the first degree as defined
    28  in section 235.22, use of a child in a sexual performance as defined  in
    29  section  263.05,  promoting  an obscene sexual performance by a child as
    30  defined in section 263.10, promoting a sexual performance by a child  as
    31  defined in section 263.15, or any felony attempt or conspiracy to commit
    32  any of the foregoing offenses.
    33    §  8.  Subdivision  1  of section 120.70 of the penal law, as added by
    34  chapter 405 of the laws of 2008, is amended to read as follows:
    35    1. A person is guilty of luring a child when he or she lures  a  child
    36  into  a motor vehicle, aircraft, watercraft, isolated area, building, or
    37  part thereof, for the purpose of committing against such  child  any  of
    38  the  following  offenses: an offense as defined in section 70.02 of this
    39  chapter; an offense as defined in section 125.25 or 125.27 of this chap-
    40  ter; a felony offense that is a violation of article one hundred  thirty
    41  of  this  chapter; an offense as defined in section 135.25 of this chap-
    42  ter; an offense as defined in sections 230.30,  [230.33  or]  230.34  or
    43  230.34-a  of  this  chapter;  an  offense as defined in sections 255.25,
    44  255.26, or 255.27 of this chapter; or an offense as defined in  sections
    45  263.05, 263.10, or 263.15 of this chapter. For purposes of this subdivi-
    46  sion "child" means a person less than seventeen years of age. Nothing in
    47  this  section  shall  be deemed to preclude, if the evidence warrants, a
    48  conviction for the commission or  attempted  commission  of  any  crime,
    49  including  but  not  limited  to  a crime defined in article one hundred
    50  thirty-five of this chapter.
    51    § 9. Section 230.01 of the penal law, as added by chapter 368  of  the
    52  laws of 2015, is amended to read as follows:
    53  § 230.01 Prostitution; affirmative defense.
    54    In any prosecution under section 230.00, section 230.03 or subdivision
    55  two  of  section  240.37 of this part, it is an affirmative defense that
    56  the defendant's participation in the offense was a result of having been

        A. 6823--A                          5
     1  [a victim of compelling prostitution under section 230.33,] a victim  of
     2  sex  trafficking  under  section 230.34 of this article, a victim of sex
     3  trafficking of a child under section  230.34-a  of  this  article  or  a
     4  victim   of   trafficking  in  persons  under  the  trafficking  victims
     5  protection act (United States Code, Title 22, Chapter 78).
     6    § 10. Subparagraph (i) of paragraph (a) of subdivision  2  of  section
     7  168-a  of  the  correction law, as amended by chapter 368 of the laws of
     8  2015, is amended to read as follows:
     9    (i) a conviction of or a conviction for an attempt to  commit  any  of
    10  the  provisions  of  sections  120.70,  130.20,  130.25, 130.30, 130.40,
    11  130.45, 130.60, 230.34, 230.34-a, 250.50, 255.25, 255.26 and  255.27  or
    12  article  two  hundred  sixty-three  of the penal law, or section 135.05,
    13  135.10, 135.20 or 135.25 of such law relating  to  kidnapping  offenses,
    14  provided  the  victim of such kidnapping or related offense is less than
    15  seventeen years old and the offender is not the parent of the victim, or
    16  section 230.04, where the person patronized is in fact less than  seven-
    17  teen  years  of age, 230.05, 230.06, 230.11, 230.12, 230.13, subdivision
    18  two of section 230.30, section [230.32, 230.33, or] 230.34 of the  penal
    19  law,  or section 230.25 of the penal law where the person prostituted is
    20  in fact less than seventeen years old, or
    21    § 11. Paragraphs (b) and (h) of subdivision 8 of section 700.05 of the
    22  criminal procedure law, as amended by chapter 368 of the laws  of  2015,
    23  are amended to read as follows:
    24    (b)  Any  of  the  following felonies: assault in the second degree as
    25  defined in section 120.05 of the penal law, assault in the first  degree
    26  as  defined in section 120.10 of the penal law, reckless endangerment in
    27  the first degree as defined in section 120.25 of the penal law,  promot-
    28  ing  a  suicide  attempt  as defined in section 120.30 of the penal law,
    29  strangulation in the second degree as defined in section 121.12  of  the
    30  penal  law,  strangulation  in  the  first  degree as defined in section
    31  121.13 of the penal law, criminally negligent  homicide  as  defined  in
    32  section  125.10  of  the penal law, manslaughter in the second degree as
    33  defined in section 125.15 of the penal law, manslaughter  in  the  first
    34  degree  as  defined  in  section  125.20 of the penal law, murder in the
    35  second degree as defined in section 125.25 of the penal law,  murder  in
    36  the first degree as defined in section 125.27 of the penal law, abortion
    37  in  the  second  degree  as  defined in section 125.40 of the penal law,
    38  abortion in the first degree as defined in section 125.45 of  the  penal
    39  law,  rape in the third degree as defined in section 130.25 of the penal
    40  law, rape in the second degree as defined in section 130.30 of the penal
    41  law, rape in the first degree as defined in section 130.35 of the  penal
    42  law,  criminal  sexual  act  in  the  third degree as defined in section
    43  130.40 of the penal law, criminal sexual act in  the  second  degree  as
    44  defined  in  section 130.45 of the penal law, criminal sexual act in the
    45  first degree as defined in section 130.50 of the penal law, sexual abuse
    46  in the first degree as defined in  section  130.65  of  the  penal  law,
    47  unlawful  imprisonment  in the first degree as defined in section 135.10
    48  of the penal law, kidnapping in the second degree as defined in  section
    49  135.20  of  the  penal law, kidnapping in the first degree as defined in
    50  section 135.25 of the penal law, labor trafficking as defined in section
    51  135.35 of the penal law, aggravated  labor  trafficking  as  defined  in
    52  section  135.37  of  the  penal law, custodial interference in the first
    53  degree as defined in section 135.50 of the penal law,  coercion  in  the
    54  first  degree  as  defined  in section 135.65 of the penal law, criminal
    55  trespass in the first degree as defined in section 140.17 of  the  penal
    56  law,  burglary  in  the third degree as defined in section 140.20 of the

        A. 6823--A                          6
     1  penal law, burglary in the second degree as defined in section 140.25 of
     2  the penal law, burglary in the first degree as defined in section 140.30
     3  of the penal law, criminal mischief in the third degree  as  defined  in
     4  section  145.05 of the penal law, criminal mischief in the second degree
     5  as defined in section 145.10 of the penal law, criminal mischief in  the
     6  first  degree  as  defined  in section 145.12 of the penal law, criminal
     7  tampering in the first degree as defined in section 145.20 of the  penal
     8  law,  arson  in  the  fourth  degree as defined in section 150.05 of the
     9  penal law, arson in the third degree as defined in section 150.10 of the
    10  penal law, arson in the second degree as defined in  section  150.15  of
    11  the penal law, arson in the first degree as defined in section 150.20 of
    12  the  penal law, grand larceny in the fourth degree as defined in section
    13  155.30 of the penal law, grand larceny in the third degree as defined in
    14  section 155.35 of the penal law, grand larceny in the second  degree  as
    15  defined  in  section 155.40 of the penal law, grand larceny in the first
    16  degree as defined in section 155.42 of the penal law, health care  fraud
    17  in  the  fourth  degree  as  defined in section 177.10 of the penal law,
    18  health care fraud in the third degree as defined in  section  177.15  of
    19  the  penal  law,  health  care  fraud in the second degree as defined in
    20  section 177.20 of the penal law, health care fraud in the  first  degree
    21  as  defined  in  section  177.25  of the penal law, robbery in the third
    22  degree as defined in section 160.05 of the penal  law,  robbery  in  the
    23  second  degree as defined in section 160.10 of the penal law, robbery in
    24  the first degree as defined in section 160.15 of the penal law, unlawful
    25  use of secret scientific material as defined in section  165.07  of  the
    26  penal  law,  criminal possession of stolen property in the fourth degree
    27  as defined in section 165.45 of the penal law,  criminal  possession  of
    28  stolen  property in the third degree as defined in section 165.50 of the
    29  penal law, criminal possession of stolen property in the  second  degree
    30  as  defined  by  section 165.52 of the penal law, criminal possession of
    31  stolen property in the first degree as defined by section 165.54 of  the
    32  penal  law,  trademark counterfeiting in the second degree as defined in
    33  section 165.72 of the penal law, trademark counterfeiting in  the  first
    34  degree  as  defined  in  section 165.73 of the penal law, forgery in the
    35  second degree as defined in section 170.10 of the penal law, forgery  in
    36  the first degree as defined in section 170.15 of the penal law, criminal
    37  possession  of  a  forged  instrument in the second degree as defined in
    38  section 170.25 of the penal law, criminal possession of a forged instru-
    39  ment in the first degree as defined in section 170.30 of the penal  law,
    40  criminal  possession  of forgery devices as defined in section 170.40 of
    41  the penal law, falsifying  business  records  in  the  first  degree  as
    42  defined  in  section  175.10  of  the  penal  law, tampering with public
    43  records in the first degree as defined in section 175.25  of  the  penal
    44  law,  offering  a  false  instrument  for  filing in the first degree as
    45  defined in section 175.35 of the penal law, issuing a false  certificate
    46  as  defined  in  section  175.40 of the penal law, criminal diversion of
    47  prescription medications and  prescriptions  in  the  second  degree  as
    48  defined  in  section  178.20  of  the  penal  law, criminal diversion of
    49  prescription medications  and  prescriptions  in  the  first  degree  as
    50  defined  in  section 178.25 of the penal law, residential mortgage fraud
    51  in the fourth degree as defined in section  187.10  of  the  penal  law,
    52  residential  mortgage  fraud  in  the third degree as defined in section
    53  187.15 of the penal law, residential mortgage fraud in the second degree
    54  as defined in section 187.20 of  the  penal  law,  residential  mortgage
    55  fraud in the first degree as defined in section 187.25 of the penal law,
    56  escape  in  the  second degree as defined in section 205.10 of the penal

        A. 6823--A                          7
     1  law, escape in the first degree as defined  in  section  205.15  of  the
     2  penal  law,  absconding  from  temporary  release in the first degree as
     3  defined in section 205.17 of the penal law, promoting prison  contraband
     4  in  the  first  degree  as  defined  in section 205.25 of the penal law,
     5  hindering prosecution in the second degree as defined in section  205.60
     6  of  the  penal law, hindering prosecution in the first degree as defined
     7  in section 205.65 of the  penal  law,  sex  trafficking  as  defined  in
     8  section  230.34  of the penal law, sex trafficking of a child as defined
     9  in section 230.34-a of the penal law, criminal possession of a weapon in
    10  the third degree as defined in  subdivisions  two,  three  and  five  of
    11  section  265.02 of the penal law, criminal possession of a weapon in the
    12  second degree as defined in section 265.03 of the  penal  law,  criminal
    13  possession  of a weapon in the first degree as defined in section 265.04
    14  of the penal law, manufacture, transport, disposition and defacement  of
    15  weapons  and dangerous instruments and appliances defined as felonies in
    16  subdivisions one, two, and three of section 265.10  of  the  penal  law,
    17  sections  265.11,  265.12 and 265.13 of the penal law, or prohibited use
    18  of weapons as defined in subdivision two of section 265.35 of the  penal
    19  law,  relating  to  firearms  and other dangerous weapons, or failure to
    20  disclose the origin of a recording in the first  degree  as  defined  in
    21  section 275.40 of the penal law;
    22    (h) Promoting [prostitution in the first degree, as defined in section
    23  230.32  of  the penal law, promoting] prostitution in the second degree,
    24  as defined by subdivision one  of  section  230.30  of  the  penal  law,
    25  promoting prostitution in the third degree, as defined in section 230.25
    26  of the penal law;
    27    §  12.  Subdivision 6 of section 380.50 of the criminal procedure law,
    28  as separately amended by chapters 368 and 394 of the laws  of  2015,  is
    29  amended to read as follows:
    30    6.  Regardless of whether the victim requests to make a statement with
    31  regard to the defendant's sentence, where the defendant is sentenced for
    32  a violent felony offense as defined in section 70.02 of the penal law or
    33  a felony defined in article one hundred twenty-five of such law  or  any
    34  of the following provisions of such law sections 130.25, 130.30, 130.40,
    35  130.45, 255.25, 255.26, 255.27, article two hundred sixty-three, 135.10,
    36  135.25,  230.05,  230.06,  230.11, 230.12, 230.13, or subdivision two of
    37  section 230.30 [or 230.32], the prosecutor shall, within sixty  days  of
    38  the imposition of sentence, provide the victim with a form, prepared and
    39  distributed  by  the  commissioner  of  the division of criminal justice
    40  services, in consultation with the director  of  the  office  of  victim
    41  services,  on  which  the victim may indicate a demand to be informed of
    42  any petition to change the name of such defendant. Such forms  shall  be
    43  maintained by such prosecutor. Upon receipt of a notice of a petition to
    44  change  the  name  of any such defendant, pursuant to subdivision two of
    45  section sixty-two of the civil rights law, the prosecutor shall promptly
    46  notify the victim at  the  most  current  address  or  telephone  number
    47  provided  by  such  victim in the most reasonable and expedient possible
    48  manner of the time and place such petition  will  be  presented  to  the
    49  court.
    50    § 12-a. Paragraph (i) of subdivision 1 of section 440.10 of the crimi-
    51  nal  procedure  law,  as  amended by chapter 368 of the laws of 2015, is
    52  amended to read as follows:
    53    (i) The judgment is a conviction where the arresting charge was  under
    54  section  240.37 (loitering for the purpose of engaging in a prostitution
    55  offense, provided that the defendant was not alleged to be loitering for
    56  the purpose of patronizing a person for prostitution or promoting  pros-

        A. 6823--A                          8
     1  titution)  or  230.00 (prostitution) or 230.03 (prostitution in a school
     2  zone) of the penal law, and the defendant's participation in the offense
     3  was a result of having been a victim of sex  trafficking  under  section
     4  230.34  of  the  penal  law,  sex  trafficking  of a child under section
     5  230.34-a of the penal law, labor trafficking under section 135.35 of the
     6  penal law, aggravated labor trafficking  under  section  135.37  of  the
     7  penal  law,  [compelling  prostitution under section 230.33 of the penal
     8  law,] or trafficking in persons under the Trafficking Victims Protection
     9  Act (United States Code, title 22, chapter 78); provided that
    10    § 13. Subdivision 2 of section 420.35 of the criminal  procedure  law,
    11  as  amended  by  chapter  426 of the laws of 2015, is amended to read as
    12  follows:
    13    2. Under no circumstances shall the mandatory surcharge, sex  offender
    14  registration fee, DNA databank fee or the crime victim assistance fee be
    15  waived  provided,  however,  that  a  court  may  waive the crime victim
    16  assistance fee if such defendant is an  eligible  youth  as  defined  in
    17  subdivision two of section 720.10 of this chapter, and the imposition of
    18  such  fee  would  work an unreasonable hardship on the defendant, his or
    19  her immediate family, or any other  person  who  is  dependent  on  such
    20  defendant  for  financial  support.  A  court  shall waive any mandatory
    21  surcharge, DNA databank fee and crime victim assistance  fee  when:  (i)
    22  the  defendant  is convicted of loitering for the purpose of engaging in
    23  prostitution under section 240.37 of the penal law  (provided  that  the
    24  defendant  was not convicted of loitering for the purpose of patronizing
    25  a person for prostitution); (ii) the defendant is convicted of prostitu-
    26  tion under section 230.00 of the  penal  law;  (iii)  the  defendant  is
    27  convicted  of  a  violation in the event such conviction is in lieu of a
    28  plea to or conviction for loitering for the purpose of engaging in pros-
    29  titution under section 240.37  of  the  penal  law  (provided  that  the
    30  defendant was not alleged to be loitering for the purpose of patronizing
    31  a  person  for prostitution) or prostitution under section 230.00 of the
    32  penal law; or (iv) the court finds that a defendant is a victim  of  sex
    33  trafficking  under  section 230.34 of the penal law or a victim of traf-
    34  ficking in persons under the trafficking victims protection act  (United
    35  States  Code,  Title  22,  Chapter  78); or (v) the court finds that the
    36  defendant is a victim of  sex  trafficking  of  a  child  under  section
    37  230.34-a of the penal law.
    38    §  14.  Subdivision  3 of section 427-a of the social services law, as
    39  added by chapter 452 of the laws of 2007, is amended to read as follows:
    40    3. The criteria for determining which  cases  may  be  placed  in  the
    41  assessment  track  shall be determined by the local department of social
    42  services, in conjunction with the office of children and family services
    43  and after consultation with the office for the  prevention  of  domestic
    44  violence. Provided, however, that reports including any of the following
    45  allegations shall not be included in the assessment track of a differen-
    46  tial response program:
    47    (a)  reports  alleging  that  the  subject  committed or allowed to be
    48  committed an offense defined in article one hundred thirty of the  penal
    49  law;
    50    (b) reports alleging that the subject allowed, permitted or encouraged
    51  a  child to engage in any act described in sections 230.25[,] and 230.30
    52  [and 230.32] of the penal law;
    53    (c) reports alleging that  the  subject  committed  any  of  the  acts
    54  described in section 255.25, 255.26 or 255.27 of the penal law;

        A. 6823--A                          9
     1    (d)  reports  alleging  that  the subject allowed a child to engage in
     2  acts or conduct described in article  two  hundred  sixty-three  of  the
     3  penal law;
     4    (e)  reports alleging that the subject committed assault in the first,
     5  second or third degree against a child;
     6    (f) reports alleging that the subject committed or attempted to commit
     7  murder or manslaughter in the first or second degree;
     8    (g) reports alleging that the subject abandoned a  child  pursuant  to
     9  subdivision five of section three hundred eighty-four-b of this article;
    10    (h)  reports alleging that the subject has subjected a child to severe
    11  or repeated abuse as those terms are defined in paragraphs (a)  and  (b)
    12  of  subdivision  eight  of  section  three hundred eighty-four-b of this
    13  article; and
    14    (i) reports alleging that the subject has neglected a child so  as  to
    15  substantially  endanger the child's physical or mental health, including
    16  a growth delay, which may be referred to as failure to thrive, that  has
    17  been diagnosed by a physician and is due to parental neglect.
    18    §  15.  Subdivision  1 of section 447-a of the social services law, as
    19  amended by section 1 of part G of chapter 58 of the  laws  of  2010,  is
    20  amended to read as follows:
    21    1.  The term "sexually exploited child" means any person under the age
    22  of eighteen who has been subject to sexual exploitation  because  he  or
    23  she:
    24    (a)  is  the  victim  of  the  crime  of sex trafficking as defined in
    25  section 230.34 of the penal law or the crime of  sex  trafficking  of  a
    26  child as defined in section 230.34-a of the penal law;
    27    (b) engages in any act as defined in section 230.00 of the penal law;
    28    (c) [is a victim of the crime of compelling prostitution as defined in
    29  section 230.33 of the penal law;
    30    (d)]  engages  in  acts  or  conduct  described in article two hundred
    31  sixty-three or section 240.37 of the penal law.
    32    § 16. Subdivision (c) of section 483-bb of the social services law, as
    33  added by chapter 368 of the laws of 2015, is amended to read as follows:
    34    (c) An individual who is a victim of the conduct prohibited by section
    35  [230.33,] 230.34, 230.34-a, 135.35 or 135.37 of the penal law may  bring
    36  a  civil action against the perpetrator or whoever knowingly advances or
    37  profits from, or whoever should have known he or she  was  advancing  or
    38  profiting  from,  an  act  in  violation  of  section  [230.33,] 230.34,
    39  230.34-a, 135.35 or 135.37 of the  penal  law  to  recover  damages  and
    40  reasonable attorney's fees.
    41    §  17. Paragraph (a) of subdivision 4 of section 509-cc of the vehicle
    42  and traffic law, as amended by chapter 400  of  the  laws  of  2011,  is
    43  amended to read as follows:
    44    (a)  The offenses referred to in subparagraph (ii) of paragraph (a) of
    45  subdivision one and paragraph (a) of subdivision  two  of  this  section
    46  that  result  in  permanent  disqualification shall include a conviction
    47  under sections 125.12, 125.13, 125.14, 125.15, 125.20,  125.21,  125.22,
    48  125.25,  125.26, 125.27, 130.30, 130.35, 130.45, 130.50, 130.65, 130.66,
    49  130.67, 130.70, 130.75, 130.80, 130.90, 130.95, 130.96, 135.25,  150.20,
    50  230.30,  [230.32,]  230.34,  230.34-a,  235.22,  263.05, 263.10, 263.11,
    51  263.15, 263.16 of the penal law or an attempt to commit any of the afor-
    52  esaid offenses under section 110.00 of the penal law,  or  any  offenses
    53  committed under a former section of the penal law which would constitute
    54  violations  of  the aforesaid sections of the penal law, or any offenses
    55  committed outside this state which would constitute  violations  of  the
    56  aforesaid sections of the penal law.

        A. 6823--A                         10
     1    § 18. Subdivisions 1 and 2 of section 510-d of the vehicle and traffic
     2  law, as added by chapter 368 of the laws of 2015, are amended to read as
     3  follows:
     4    1.  A  class E driver's license shall be suspended by the commissioner
     5  for a period of one year where the holder is convicted of a violation of
     6  section 230.20, 230.25, 230.30, [230.32,] 230.34, 230.34-a or 230.40  of
     7  the  penal  law  and  the holder used a for hire motor vehicle to commit
     8  such crime.
     9    2. A class E driver's license may be revoked by the commissioner  when
    10  the holder, who had his or her driver's license suspended under subdivi-
    11  sion  one  of  this section within the last ten years, is convicted of a
    12  second violation of section 230.20, 230.25,  230.30,  [230.32,]  230.34,
    13  230.34-a or 230.40 of the penal law and the holder used a for hire motor
    14  vehicle to commit such crime.
    15    § 19. Subdivision a of section 3-118 of the administrative code of the
    16  city  of  New  York,  as added by local law number 39 of the city of New
    17  York for the year 2016, is amended to read as follows:
    18    a. For the purposes of this section,  the  following  terms  have  the
    19  following meanings:
    20    Homeless  youth. The term "homeless youth" means persons under the age
    21  of 21 who are in need of services and are without  a  place  of  shelter
    22  where supervision and care are available.
    23    Runaway youth. The term "runaway youth" means persons under the age of
    24  18  years  who are absent from their legal residence without the consent
    25  of their parent, legal guardian or custodian.
    26    Sexually exploited youth. The term "sexually  exploited  youth"  means
    27  persons under the age of 18 who have been subject to sexual exploitation
    28  because  they  (a)  are  the  victim  of the crime of sex trafficking as
    29  defined in section 230.34 of the penal law; (b) engage  in  any  act  as
    30  defined  in  section  230.00  of the penal law; (c) [are a victim of the
    31  crime of compelling prostitution as defined in  section  230.33  of  the
    32  penal  law]  are  a victim of the crime of sex trafficking of a child as
    33  defined in section 230.34-a of the penal law; or (d) engage in  acts  or
    34  conduct described in article 263 or section 240.37 of the penal law. The
    35  term  shall  also mean persons under the age of 18 who have been subject
    36  to incest in the third degree, second degree or first degree, as defined
    37  in sections 255.25, 255.26, and 255.27 of the penal  law,  respectively,
    38  or any of the sex offenses enumerated in article 130 of the penal law.
    39    §  20. Subparagraph i of paragraph 7 of subdivision a of section 9-131
    40  of the administrative code of the city of New York, as  added  by  local
    41  law  number  58 of the city of New York for the year 2014, is amended to
    42  read as follows:
    43    i. a felony defined in any of the following sections of the penal law:
    44  120.01, 120.02, 120.03, 120.04,  120.04-a(4),  120.05,  120.06,  120.07,
    45  120.08,  120.09, 120.10, 120.11, 120.12, 120.13, 120.18, 120.25, 120.55,
    46  120.60, 120.70, 121.12, 121.13, 125.10, 125.11, 125.12, 125.13,  125.14,
    47  125.15,  125.20, 125.21, 125.22, 125.25, 125.26, 125.27, 125.40, 125.45,
    48  130.25,  130.30,  130.35,  130.40,  130.45,  130.50,   130.53,   130.65,
    49  130.65-a,  130.66,  130.67,  130.70,  130.75,  130.80,  130.85,  130.90,
    50  130.95, 130.96, 135.10, 135.20, 135.25,  135.35,  135.50,  135.65(2)(b),
    51  140.17,  140.25, 140.30, 145.12, 150.05, 150.10, 150.15, 150.20, 160.05,
    52  160.10, 160.15, 195.07, 195.08, 195.17, 215.11, 215.12, 215.13,  215.15,
    53  215.16,  215.17, 215.51, 215.52, 220.18, 220.21, 220.28, 220.41, 220.43,
    54  220.44, 220.48,  220.77,  230.05,  230.06,  230.19,  230.25(2),  230.30,
    55  [230.32,  230.33,]  230.34,  230.34-a,  235.22,  240.06, 240.55, 240.60,
    56  240.61, 240.62, 240.63, 240.75, 241.05, 255.26, 255.27, 260.25,  260.32,

        A. 6823--A                         11
     1  260.34,  263.05,  263.10,  263.11,  263.15,  263.16,  263.30,  265.01-a,
     2  265.01-b, 265.02(2) through (8), 265.03, 265.04, 265.08, 265.09, 265.10,
     3  265.11, 265.12,  265.13,  265.14,  265.16,  265.17,  265.19,  265.35(2),
     4  270.30,  270.35,  405.16(1),  405.18,  460.22,  470.21,  470.22, 470.23,
     5  470.24, 490.10, 490.15, 490.20, 490.25, 490.30, 490.35, 490.37,  490.40,
     6  490.45, 490.47, 490.50, or 490.55;
     7    § 21. Subparagraph i of paragraph 6 of subdivision a of section 14-154
     8  of  the  administrative  code of the city of New York, as added by local
     9  law number 59 of the city of New York for the year 2014, is  amended  to
    10  read as follows:
    11    i. a felony defined in any of the following sections of the penal law:
    12  120.01,  120.02,  120.03,  120.04,  120.04-a(4), 120.05, 120.06, 120.07,
    13  120.08, 120.09, 120.10, 120.11, 120.12, 120.13, 120.18, 120.25,  120.55,
    14  120.60,  120.70, 121.12, 121.13, 125.10, 125.11, 125.12, 125.13, 125.14,
    15  125.15, 125.20, 125.21, 125.22, 125.25, 125.26, 125.27, 125.40,  125.45,
    16  130.25,   130.30,   130.35,  130.40,  130.45,  130.50,  130.53,  130.65,
    17  130.65-a,  130.66,  130.67,  130.70,  130.75,  130.80,  130.85,  130.90,
    18  130.95,  130.96,  135.10,  135.20, 135.25, 135.35, 135.50, 135.65(2)(b),
    19  140.17, 140.25, 140.30, 145.12, 150.05, 150.10, 150.15, 150.20,  160.05,
    20  160.10,  160.15, 195.07, 195.08, 195.17, 215.11, 215.12, 215.13, 215.15,
    21  215.16, 215.17, 215.51, 215.52, 220.18, 220.21, 220.28, 220.41,  220.43,
    22  220.44,  220.48,  220.77,  230.05,  230.06,  230.19,  230.25(2), 230.30,
    23  [230.32, 230.33,] 230.34,  230.34-a,  235.22,  240.06,  240.55,  240.60,
    24  240.61,  240.62, 240.63, 240.75, 241.05, 255.26, 255.27, 260.25, 260.32,
    25  260.34,  263.05,  263.10,  263.11,  263.15,  263.16,  263.30,  265.01-a,
    26  265.01-b,  265.02  (2)  through  (8),  265.03,  265.04,  265.08, 265.09,
    27  265.10,  265.11,  265.12,  265.13,  265.14,  265.16,   265.17,   265.19,
    28  265.35(2),  270.30,  270.35,  405.16(l), 405.18, 460.22, 470.21, 470.22,
    29  470.23, 470.24, 490.10, 490.15, 490.20, 490.25, 490.30, 490.35,  490.37,
    30  490.40, 490.45, 490.47, 490.50, or 490.55;
    31    §  22. Subdivision 2 of section 61 of the civil rights law, as amended
    32  by section 54 of subpart B of part C of chapter 62 of the laws of  2011,
    33  is amended to read as follows:
    34    2.  If  the petitioner stands convicted of a violent felony offense as
    35  defined in section 70.02 of the penal law or a felony defined in article
    36  one hundred twenty-five of such law or any of the  following  provisions
    37  of  such  law  sections  130.25, 130.30, 130.40, 130.45, 255.25, 255.26,
    38  255.27, article two hundred sixty-three, 135.10, 135.25, 230.05, 230.06,
    39  or subdivision two of section  230.30  [or  230.32],  and  is  currently
    40  confined  as  an  inmate in any correctional facility or currently under
    41  the supervision of the department of corrections  and  community  super-
    42  vision  or a county probation department as a result of such conviction,
    43  the  petition  shall  for  each  such  conviction  specify  such  felony
    44  conviction, the date of such conviction or convictions, and the court in
    45  which such conviction or convictions were entered.
    46    §  23. Subdivision 2 of section 62 of the civil rights law, as amended
    47  by section 55 of subpart B of part C of chapter 62 of the laws of  2011,
    48  is amended to read as follows:
    49    2.  If  the  petition  be  to  change  the  name of a person currently
    50  confined as an inmate in any correctional facility  or  currently  under
    51  the  supervision  of  the department of corrections and community super-
    52  vision or a county probation department as a result of a conviction  for
    53  a violent felony offense as defined in section 70.02 of the penal law or
    54  a  felony  defined in article one hundred twenty-five of such law or any
    55  of the following provisions of such law sections 130.25, 130.30, 130.40,
    56  130.45, 255.25, 255.26, 255.27, article two hundred sixty-three, 135.10,

        A. 6823--A                         12
     1  135.25, 230.05,  230.06,  or  subdivision  two  of  section  230.30  [or
     2  230.32],  notice  of the time and place when and where the petition will
     3  be presented shall be served, in like manner as a  notice  of  a  motion
     4  upon an attorney in an action, upon the district attorney of every coun-
     5  ty  in  which such person has been convicted of such felony and upon the
     6  court or courts in which the  sentence  for  such  felony  was  entered.
     7  Unless  a  shorter  period  of time is ordered by the court, said notice
     8  shall be served upon each such district attorney and court or courts not
     9  less than sixty days prior to the date on which such petition is noticed
    10  to be heard.
    11    § 24. The closing paragraph of section 64 of the civil rights law,  as
    12  separately  amended by chapters 258, 320 and 481 of the laws of 2006, is
    13  amended to read as follows:
    14    Upon compliance with the order and the filing of the affidavit of  the
    15  publication,  as  provided  in  this  section, the clerk of the court in
    16  which the order has been entered shall certify that the order  has  been
    17  complied  with;  and,  if the petition states that the petitioner stands
    18  convicted of a violent felony offense as defined in section 70.02 of the
    19  penal law or a felony defined in article one hundred twenty-five of such
    20  law or any of the following provisions  of  such  law  sections  130.25,
    21  130.30,  130.40,  130.45,  255.25,  255.26,  255.27, article two hundred
    22  sixty-three, 135.10, 135.25,  230.05,  230.06,  or  subdivision  two  of
    23  section 230.30 [or 230.32], such clerk (1) shall deliver, by first class
    24  mail, a copy of such certified order to the division of criminal justice
    25  services at its office in the county of Albany and (2) upon the clerk of
    26  the  court  reviewing  the  petitioner's application for name change and
    27  subsequent in-court inquiry, may, in the clerk's discretion, deliver, by
    28  first class mail, the petitioner's new name with such certified order to
    29  the court of competent jurisdiction which imposed the orders of support.
    30  Such certification shall appear on the original order and on any  certi-
    31  fied  copy  thereof  and  shall be entered in the clerk's minutes of the
    32  proceeding.
    33    § 25. Paragraph (iii) of subdivision (e) of section 1012 of the family
    34  court act, as amended by section 1 of part L of chapter 56 of  the  laws
    35  of 2017, is amended to read as follows:
    36    (iii)  (A)  commits, or allows to be committed an offense against such
    37  child defined in article one  hundred  thirty  of  the  penal  law;  (B)
    38  allows,  permits or encourages such child to engage in any act described
    39  in sections 230.25, 230.30 and [230.32] 230.34-a of the penal  law;  (C)
    40  commits  any of the acts described in sections 255.25, 255.26 and 255.27
    41  of the penal law; (D) allows such child to engage  in  acts  or  conduct
    42  described  in  article  two hundred sixty-three of the penal law; or (E)
    43  permits or encourages such child to engage in  any  act  or  commits  or
    44  allows  to be committed against such child any offense that would render
    45  such child either a victim of sex trafficking  or  a  victim  of  severe
    46  forms of trafficking in persons pursuant to 22 U.S.C. 7102 as enacted by
    47  public  law  106-386  or  any  successor  federal statute; (F) provided,
    48  however, that (1) the corroboration requirements contained in the  penal
    49  law  and  (2)  the  age  requirement  for the application of article two
    50  hundred sixty-three of such law shall not  apply  to  proceedings  under
    51  this article.
    52    §  26.  Subdivision (f) of section 10.03 of the mental hygiene law, as
    53  amended by chapter 405 of the laws  of  2010,  is  amended  to  read  as
    54  follows:
    55    (f) "Designated felony" means any felony offense defined by any of the
    56  following  provisions  of the penal law: assault in the second degree as

        A. 6823--A                         13
     1  defined in section 120.05, assault in the first  degree  as  defined  in
     2  section  120.10, gang assault in the second degree as defined in section
     3  120.06, gang assault in the first degree as defined in  section  120.07,
     4  stalking in the first degree as defined in section 120.60, strangulation
     5  in  the second degree as defined in section 121.12, strangulation in the
     6  first degree as defined in section 121.13, manslaughter  in  the  second
     7  degree  as defined in subdivision one of section 125.15, manslaughter in
     8  the first degree as defined in section  125.20,  murder  in  the  second
     9  degree  as  defined  in  section 125.25, aggravated murder as defined in
    10  section 125.26, murder in the first degree as defined in section 125.27,
    11  kidnapping in the second degree as defined in section 135.20, kidnapping
    12  in the first degree as defined in section 135.25, burglary in the  third
    13  degree  as  defined  in section 140.20, burglary in the second degree as
    14  defined in section 140.25, burglary in the first degree  as  defined  in
    15  section 140.30, arson in the second degree as defined in section 150.15,
    16  arson  in  the first degree as defined in section 150.20, robbery in the
    17  third degree as defined in section 160.05, robbery in the second  degree
    18  as  defined in section 160.10, robbery in the first degree as defined in
    19  section 160.15, promoting prostitution in the second degree  as  defined
    20  in  section  230.30,  [promoting  prostitution  in  the  first degree as
    21  defined in section 230.32, compelling prostitution as defined in section
    22  230.33,] sex trafficking of a child  as  defined  in  section  230.34-a,
    23  disseminating indecent material to minors in the first degree as defined
    24  in  section 235.22, use of a child in a sexual performance as defined in
    25  section 263.05, promoting an obscene sexual performance by  a  child  as
    26  defined  in section 263.10, promoting a sexual performance by a child as
    27  defined in section 263.15, or any felony attempt or conspiracy to commit
    28  any of the foregoing offenses.
    29    § 27. Subdivision 2 of section 715 of the real  property  actions  and
    30  proceedings  law,  as  amended  by  chapter  368 of the laws of 2015, is
    31  amended to read as follows:
    32    2. For purposes of this section, two or more convictions of any person
    33  or persons had, within a period of one year, for  any  of  the  offenses
    34  described  in  section  230.00,  230.05, 230.06, 230.11, 230.12, 230.13,
    35  230.20, 230.25, 230.30[, 230.32] or 230.40 of the penal law arising  out
    36  of conduct engaged in at the same real property consisting of a dwelling
    37  as  that  term  is  defined  in  subdivision four of section four of the
    38  multiple dwelling law shall be presumptive evidence of  conduct  consti-
    39  tuting use of the premises for purposes of prostitution.
    40    §  28.  Section 2324-a of the public health law, as amended by chapter
    41  368 of the laws of 2015, is amended to read as follows:
    42    § 2324-a. Presumptive evidence. For the purposes of this title, two or
    43  more convictions of any person or persons had, within a  period  of  one
    44  year,  for  any  of  the  offenses  described in section 230.00, 230.05,
    45  230.06, 230.08,  230.11,  230.12,  230.13,  230.20,  230.25,  230.30  or
    46  [230.32]  230.34-a of the penal law arising out of conduct engaged in at
    47  the same real property consisting of a dwelling as that term is  defined
    48  in  subdivision  four of section four of the multiple dwelling law shall
    49  be presumptive evidence of conduct constituting use of the premises  for
    50  purposes of prostitution.
    51    § 29. Subdivision 5 of section 621 of the executive law, as amended by
    52  section  1  of  part  H of chapter 55 of the laws of 2017, is amended to
    53  read as follows:
    54    5. "Victim" shall mean (a) a  person  who  suffers  personal  physical
    55  injury  as a direct result of a crime; (b) a person who is the victim of
    56  either the crime of (1) unlawful imprisonment in  the  first  degree  as

        A. 6823--A                         14
     1  defined in section 135.10 of the penal law, (2) kidnapping in the second
     2  degree  as defined in section 135.20 of the penal law, (3) kidnapping in
     3  the first degree as defined in section 135.25  of  the  penal  law,  (4)
     4  menacing  in  the first degree as defined in section 120.13 of the penal
     5  law, (5) criminal obstruction  of  breathing  or  blood  circulation  as
     6  defined in section 121.11 of the penal law, (6) harassment in the second
     7  degree  as defined in section 240.26 of the penal law, (7) harassment in
     8  the first degree as defined in section 240.25  of  the  penal  law,  (8)
     9  aggravated  harassment  in  the  second degree as defined in subdivision
    10  three or five of section 240.30 of the penal law, (9) aggravated harass-
    11  ment in the first degree as defined in subdivision two of section 240.31
    12  of the penal law, (10) criminal contempt in the first degree as  defined
    13  in  subdivision  (b)  or  subdivision (c) of section 215.51 of the penal
    14  law, (11) stalking in the fourth,  third,  second  or  first  degree  as
    15  defined  in sections 120.45, 120.50, 120.55 and 120.60 of the penal law,
    16  (12) labor trafficking as defined in section 135.35 of  the  penal  law,
    17  [or] (13) sex trafficking as defined in section 230.34 of the penal law;
    18  or (14) sex trafficking of a child as defined in section 230.34-a of the
    19  penal  law;  a vulnerable elderly person or an incompetent or physically
    20  disabled person as defined in section 260.31 of the penal law who incurs
    21  a loss of savings as defined in subdivision twenty-four of this section;
    22  or a person who has had a frivolous lawsuit filed against them.
    23    § 30. Subdivision 1 of section 631 of the executive law, as amended by
    24  section 22 of part A-1 of chapter 56 of the laws of 2010, is amended  to
    25  read as follows:
    26    1. No award shall be made unless the office finds that (a) a crime was
    27  committed,  (b) such crime directly resulted in personal physical injury
    28  to or the exacerbation of a preexisting  disability,  or  condition,  or
    29  death  of, the victim, and (c) criminal justice agency records show that
    30  such crime was promptly reported to the proper authorities;  and  in  no
    31  case may an award be made where the criminal justice agency records show
    32  that  such  report  was  made more than one week after the occurrence of
    33  such crime unless the office, for good cause shown, finds the  delay  to
    34  have  been  justified;  provided, however, in cases involving an alleged
    35  sex offense as contained in article one hundred thirty of the penal  law
    36  or  incest  as  defined in section 255.25, 255.26 or 255.27 of the penal
    37  law or labor trafficking as defined in section 135.35 of the  penal  law
    38  or  sex trafficking as defined in [section] sections 230.34 and 230.34-a
    39  of the penal law or  an  offense  chargeable  as  a  family  offense  as
    40  described  in  section  eight  hundred twelve of the family court act or
    41  section 530.11 of the criminal procedure law, the criminal justice agen-
    42  cy report need only be made within a reasonable time considering all the
    43  circumstances, including the victim's  physical,  emotional  and  mental
    44  condition  and  family  situation. For the purposes of this subdivision,
    45  "criminal justice agency" shall include, but not be limited to, a police
    46  department, a district attorney's office,  and  any  other  governmental
    47  agency having responsibility for the enforcement of the criminal laws of
    48  the  state provided, however, that in cases involving such sex offense a
    49  criminal justice agency shall also mean a family court,  a  governmental
    50  agency  responsible  for child and/or adult protective services pursuant
    51  to title six of article six of the social services law and/or title  one
    52  of  article  nine-B of the social services law, and any medical facility
    53  established under the laws of the state that provides a  forensic  phys-
    54  ical examination for victims of rape and sexual assault.

        A. 6823--A                         15
     1    § 31. Paragraph f of subdivision 1 of section 410 of the general busi-
     2  ness  law,  as  amended by chapter 80 of the laws of 2015, is amended to
     3  read as follows:
     4    f.  Conviction  of any of the following crimes subsequent to the issu-
     5  ance of a license or registration pursuant to this article: fraud pursu-
     6  ant to sections 170.10,  170.15,  176.15,  176.20,  176.25,  176.30  and
     7  190.65;  falsifying  business  records pursuant to section 175.10; grand
     8  larceny pursuant to article 155; bribery pursuant  to  sections  180.03,
     9  180.08,  180.15, 180.25, 200.00, 200.03, 200.04, 200.10, 200.11, 200.12,
    10  200.45, 200.50; perjury pursuant to  sections  210.10,  210.15,  210.40;
    11  assault  pursuant  to  sections  120.05, 120.10, 120.11, 120.12; robbery
    12  pursuant to article  160;  homicide  pursuant  to  sections  125.25  and
    13  125.27;  manslaughter pursuant to sections 125.15 and 125.20; kidnapping
    14  and unlawful  imprisonment  pursuant  to  sections  135.10,  135.20  and
    15  135.25;  unlawful weapons possession pursuant to sections 265.02, 265.03
    16  and 265.04; criminal use of a weapon pursuant  to  sections  265.08  and
    17  265.09;  criminal  sale  of  a  weapon  pursuant  to sections 265.11 and
    18  265.12; [compelling prostitution pursuant to section 230.33;] sex  traf-
    19  ficking  pursuant to section 230.34; sex trafficking of a child pursuant
    20  to section 230.34-a; and sex offenses pursuant to  article  130  of  the
    21  penal  law.  Provided,  however,  that for the purposes of this article,
    22  none of the  following  shall  be  considered  criminal  convictions  or
    23  reported  as  such:  (i)  a conviction for which an executive pardon has
    24  been issued pursuant to the executive law; (ii) a conviction  which  has
    25  been  vacated  and  replaced  by a youthful offender finding pursuant to
    26  article seven hundred twenty of  the  criminal  procedure  law,  or  the
    27  applicable  provisions  of  law  of  any  other jurisdiction; or (iii) a
    28  conviction the records of which have been expunged or sealed pursuant to
    29  the applicable provisions of the laws of this  state  or  of  any  other
    30  jurisdiction; and (iv) a conviction for which other evidence of success-
    31  ful rehabilitation to remove the disability has been issued.
    32    §  32.  Subdivision  3  of  section  231  of the real property law, as
    33  amended by chapter 368 of the laws  of  2015,  is  amended  to  read  as
    34  follows:
    35    3.  For  the  purposes of this section, two or more convictions of any
    36  person or persons had, within a period of  one  year,  for  any  of  the
    37  offenses  described  in  section 230.00, 230.05, 230.06, 230.11, 230.12,
    38  230.13, 230.20, 230.25, 230.30[, 230.32] or  230.40  of  the  penal  law
    39  arising  out  of conduct engaged in at the same premises consisting of a
    40  dwelling as that term is defined in subdivision four of section four  of
    41  the  multiple dwelling law shall be presumptive evidence of unlawful use
    42  of such premises and of the owners knowledge of the same.
    43    § 33. This act shall take effect on the ninetieth day after  it  shall
    44  have  become  a  law;  provided, however, that if section 1 of part H of
    45  chapter 55 of the laws of 2017 shall not have taken effect on or  before
    46  such  date then section twenty-nine of this act shall take effect on the
    47  same date and in the same manner as such chapter of the  laws  of  2017,
    48  takes effect.
feedback