Bill Text: NY S00007 | 2015-2016 | General Assembly | Introduced
Bill Title: Enacts the trafficking victims protection and justice act.
Spectrum: Bipartisan Bill
Status: (Passed) 2015-10-21 - SIGNED CHAP.368 [S00007 Detail]
Download: New_York-2015-S00007-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 7 2015-2016 Regular Sessions I N S E N A T E January 9, 2015 ___________ Introduced by Sens. LANZA, GALLIVAN, SAVINO, HANNON -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the penal law, the criminal procedure law, the social services law, the civil practice law and rules, the mental hygiene law, the correction law, the vehicle and traffic law, the public health law, the real property actions and proceedings law, and the real property law, in relation to enacting the "trafficking victims protection and justice act"; to amend the penal law, in relation to prostitution in a school zone; to amend chapter 74 of the laws of 2007 amending the penal law, the criminal procedure law, the correction law, the social services law, and the executive law relating to human trafficking, in relation to extending the interagency task force on human trafficking for four years; and to amend the executive law, in relation to human trafficking awareness THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "trafficking victims protection and justice act". 3 S 2. Section 60.13 of the penal law, as added by chapter 7 of the laws 4 of 2007, is amended to read as follows: 5 S 60.13 Authorized dispositions; felony sex offenses. 6 When a person is to be sentenced upon a conviction for any felony 7 defined in article one hundred thirty of this chapter, including a sexu- 8 ally motivated felony, or patronizing a [prostitute] PERSON FOR PROSTI- 9 TUTION in the first degree as defined in section 230.06 of this chapter, 10 AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE THIRD DEGREE AS 11 DEFINED IN SECTION 230.11 OF THIS CHAPTER, AGGRAVATED PATRONIZING A 12 MINOR FOR PROSTITUTION IN THE SECOND DEGREE AS DEFINED IN SECTION 230.12 13 OF THIS CHAPTER, AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE 14 FIRST DEGREE AS DEFINED IN SECTION 230.13 OF THIS CHAPTER, incest in the EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01841-01-5 S. 7 2 1 second degree as defined in section 255.26 of this chapter, or incest in 2 the first degree as defined in section 255.27 of this chapter, or a 3 felony attempt or conspiracy to commit any of these crimes, the court 4 must sentence the defendant in accordance with the provisions of section 5 70.80 of this title. 6 S 3. Paragraphs (a) and (c) of subdivision 1 of section 70.02 of the 7 penal law, paragraph (a) as amended by chapter 320 of the laws of 2006 8 and paragraph (c) as amended by chapter 1 of the laws of 2013, are 9 amended to read as follows: 10 (a) Class B violent felony offenses: an attempt to commit the class 11 A-I felonies of murder in the second degree as defined in section 12 125.25, kidnapping in the first degree as defined in section 135.25, and 13 arson in the first degree as defined in section 150.20; manslaughter in 14 the first degree as defined in section 125.20, aggravated manslaughter 15 in the first degree as defined in section 125.22, rape in the first 16 degree as defined in section 130.35, criminal sexual act in the first 17 degree as defined in section 130.50, aggravated sexual abuse in the 18 first degree as defined in section 130.70, course of sexual conduct 19 against a child in the first degree as defined in section 130.75; 20 assault in the first degree as defined in section 120.10, kidnapping in 21 the second degree as defined in section 135.20, burglary in the first 22 degree as defined in section 140.30, arson in the second degree as 23 defined in section 150.15, robbery in the first degree as defined in 24 section 160.15, SEX TRAFFICKING AS DEFINED IN PARAGRAPHS (A) AND (B) OF 25 SUBDIVISION FIVE OF SECTION 230.34, incest in the first degree as 26 defined in section 255.27, criminal possession of a weapon in the first 27 degree as defined in section 265.04, criminal use of a firearm in the 28 first degree as defined in section 265.09, criminal sale of a firearm in 29 the first degree as defined in section 265.13, aggravated assault upon a 30 police officer or a peace officer as defined in section 120.11, gang 31 assault in the first degree as defined in section 120.07, intimidating a 32 victim or witness in the first degree as defined in section 215.17, 33 hindering prosecution of terrorism in the first degree as defined in 34 section 490.35, criminal possession of a chemical weapon or biological 35 weapon in the second degree as defined in section 490.40, and criminal 36 use of a chemical weapon or biological weapon in the third degree as 37 defined in section 490.47. 38 (c) Class D violent felony offenses: an attempt to commit any of the 39 class C felonies set forth in paragraph (b); reckless assault of a child 40 as defined in section 120.02, assault in the second degree as defined in 41 section 120.05, menacing a police officer or peace officer as defined in 42 section 120.18, stalking in the first degree, as defined in subdivision 43 one of section 120.60, strangulation in the second degree as defined in 44 section 121.12, rape in the second degree as defined in section 130.30, 45 criminal sexual act in the second degree as defined in section 130.45, 46 sexual abuse in the first degree as defined in section 130.65, course of 47 sexual conduct against a child in the second degree as defined in 48 section 130.80, aggravated sexual abuse in the third degree as defined 49 in section 130.66, facilitating a sex offense with a controlled 50 substance as defined in section 130.90, LABOR TRAFFICKING AS DEFINED IN 51 PARAGRAPHS (A) AND (B) OF SUBDIVISION THREE OF SECTION 135.35, criminal 52 possession of a weapon in the third degree as defined in subdivision 53 five, six, seven, eight, nine or ten of section 265.02, criminal sale of 54 a firearm in the third degree as defined in section 265.11, intimidating 55 a victim or witness in the second degree as defined in section 215.16, 56 soliciting or providing support for an act of terrorism in the second S. 7 3 1 degree as defined in section 490.10, and making a terroristic threat as 2 defined in section 490.20, falsely reporting an incident in the first 3 degree as defined in section 240.60, placing a false bomb or hazardous 4 substance in the first degree as defined in section 240.62, placing a 5 false bomb or hazardous substance in a sports stadium or arena, mass 6 transportation facility or enclosed shopping mall as defined in section 7 240.63, and aggravated unpermitted use of indoor pyrotechnics in the 8 first degree as defined in section 405.18. 9 S 4. Paragraph (a) of subdivision 1 of section 70.80 of the penal law, 10 as added by chapter 7 of the laws of 2007, is amended to read as 11 follows: 12 (a) For the purposes of this section, a "felony sex offense" means a 13 conviction of any felony defined in article one hundred thirty of this 14 chapter, including a sexually motivated felony, or patronizing a [pros- 15 titute] PERSON FOR PROSTITUTION in the first degree as defined in 16 section 230.06 of this chapter, PATRONIZING A PERSON FOR PROSTITUTION IN 17 THE SECOND DEGREE AS DEFINED IN SECTION 230.05 OF THIS CHAPTER, AGGRA- 18 VATED PATRONIZING A MINOR FOR PROSTITUTION IN THE THIRD DEGREE AS 19 DEFINED IN SECTION 230.11 OF THIS CHAPTER, AGGRAVATED PATRONIZING A 20 MINOR FOR PROSTITUTION IN THE SECOND DEGREE AS DEFINED IN SECTION 230.12 21 OF THIS CHAPTER, AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE 22 FIRST DEGREE AS DEFINED IN SECTION 230.13 OF THIS CHAPTER, incest in the 23 second degree as defined in section 255.26 of this chapter, or incest in 24 the first degree as defined in section 255.27 of this chapter, or a 25 felony attempt or conspiracy to commit any of the above. 26 S 5. Section 135.35 of the penal law, as added by chapter 74 of the 27 laws of 2007, is amended to read as follows: 28 S 135.35 Labor trafficking. 29 A person is guilty of labor trafficking if he or she compels or 30 induces another to engage in labor or recruits, entices, harbors, or 31 transports such other person by means of intentionally: 32 1. [unlawfully providing a controlled substance to such person with 33 intent to impair said person's judgment; 34 2.] requiring that the labor be performed to retire, repay, or service 35 a real or purported debt that the actor has caused by a systematic ongo- 36 ing course of conduct with intent to defraud such person; 37 [3.] 2. withholding, destroying, or confiscating any actual or 38 purported passport, immigration document, or any other actual or 39 purported government identification document, of another person with 40 intent to impair said person's freedom of movement; provided, however, 41 that this subdivision shall not apply to an attempt to correct a social 42 security administration record or immigration agency record in accord- 43 ance with any local, state, or federal agency requirement, where such 44 attempt is not made for the purpose of any express or implied threat; 45 [4.] 3. using force or engaging in any scheme, plan or pattern to 46 compel or induce such person to engage in or continue to engage in labor 47 activity by means of instilling a fear in such person that, if the 48 demand is not complied with, the actor or another will do one or more of 49 the following: 50 (a) cause physical injury, serious physical injury, or death to a 51 person; or 52 (b) cause damage to property, other than the property of the actor; or 53 (c) engage in other conduct constituting a felony or unlawful impri- 54 sonment in the second degree in violation of section 135.05 of this 55 [chapter] ARTICLE; or S. 7 4 1 (d) accuse some person of a crime or cause criminal charges or depor- 2 tation proceedings to be instituted against such person; provided, 3 however, that it shall be an affirmative defense to this subdivision 4 that the defendant reasonably believed the threatened charge to be true 5 and that his or her sole purpose was to compel or induce the victim to 6 take reasonable action to make good the wrong which was the subject of 7 such threatened charge; or 8 (e) expose a secret or publicize an asserted fact, whether true or 9 false, tending to subject some person to hatred, contempt or ridicule; 10 or 11 (f) testify or provide information or withhold testimony or informa- 12 tion with respect to another's legal claim or defense; or 13 (g) use or abuse his or her position as a public servant by performing 14 some act within or related to his or her official duties, or by failing 15 or refusing to perform an official duty, in such manner as to affect 16 some person adversely. 17 Labor trafficking is a class D felony. 18 S 6. The penal law is amended by adding a new section 135.37 to read 19 as follows: 20 S 135.37 AGGRAVATED LABOR TRAFFICKING. 21 A PERSON IS GUILTY OF AGGRAVATED LABOR TRAFFICKING IF HE OR SHE 22 COMPELS OR INDUCES ANOTHER TO ENGAGE IN LABOR OR RECRUITS, ENTICES, 23 HARBORS, OR TRANSPORTS SUCH OTHER PERSON TO ENGAGE IN LABOR BY MEANS OF 24 INTENTIONALLY UNLAWFULLY PROVIDING A CONTROLLED SUBSTANCE TO SUCH PERSON 25 WITH INTENT TO IMPAIR SAID PERSON'S JUDGMENT. 26 AGGRAVATED LABOR TRAFFICKING IS A CLASS C FELONY. 27 S 7. Paragraph (a) of subdivision 1 of section 460.10 of the penal 28 law, as amended by chapter 37 of the laws of 2014, is amended to read as 29 follows: 30 (a) Any of the felonies set forth in this chapter: sections 120.05, 31 120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat- 32 ing to strangulation; sections 125.10 to 125.27 relating to homicide; 33 sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and 34 135.25 relating to kidnapping; [section] SECTIONS 135.35 AND 135.37 35 relating to labor trafficking; section 135.65 relating to coercion; 36 sections 140.20, 140.25 and 140.30 relating to burglary; sections 37 145.05, 145.10 and 145.12 relating to criminal mischief; article one 38 hundred fifty relating to arson; sections 155.30, 155.35, 155.40 and 39 155.42 relating to grand larceny; sections 177.10, 177.15, 177.20 and 40 177.25 relating to health care fraud; article one hundred sixty relating 41 to robbery; sections 165.45, 165.50, 165.52 and 165.54 relating to crim- 42 inal possession of stolen property; sections 165.72 and 165.73 relating 43 to trademark counterfeiting; sections 170.10, 170.15, 170.25, 170.30, 44 170.40, 170.65 and 170.70 relating to forgery; sections 175.10, 175.25, 45 175.35, 175.40 and 210.40 relating to false statements; sections 176.15, 46 176.20, 176.25 and 176.30 relating to insurance fraud; sections 178.20 47 and 178.25 relating to criminal diversion of prescription medications 48 and prescriptions; sections 180.03, 180.08, 180.15, 180.25, 180.40, 49 180.45, 200.00, 200.03, 200.04, 200.10, 200.11, 200.12, 200.20, 200.22, 50 200.25, 200.27, 200.56, 215.00, 215.05 and 215.19; sections 187.10, 51 187.15, 187.20 and 187.25 relating to residential mortgage fraud, 52 sections 190.40 and 190.42 relating to criminal usury; section 190.65 53 relating to schemes to defraud; any felony defined in article four 54 hundred ninety-six; sections 205.60 and 205.65 relating to hindering 55 prosecution; sections 210.10, 210.15, and 215.51 relating to perjury and 56 contempt; section 215.40 relating to tampering with physical evidence; S. 7 5 1 sections 220.06, 220.09, 220.16, 220.18, 220.21, 220.31, 220.34, 220.39, 2 220.41, 220.43, 220.46, 220.55, 220.60, 220.65 and 220.77 relating to 3 controlled substances; sections 225.10 and 225.20 relating to gambling; 4 sections 230.25, 230.30, and 230.32 relating to promoting prostitution; 5 section 230.34 relating to sex trafficking; sections 235.06, 235.07, 6 235.21 and 235.22 relating to obscenity; sections 263.10 and 263.15 7 relating to promoting a sexual performance by a child; sections 265.02, 8 265.03, 265.04, 265.11, 265.12, 265.13 and the provisions of section 9 265.10 which constitute a felony relating to firearms and other danger- 10 ous weapons; sections 265.14 and 265.16 relating to criminal sale of a 11 firearm; section 275.10, 275.20, 275.30, or 275.40 relating to unauthor- 12 ized recordings; and sections 470.05, 470.10, 470.15 and 470.20 relating 13 to money laundering; or 14 S 8. Paragraphs (b) and (h) of subdivision 8 of section 700.05 of the 15 criminal procedure law, paragraph (b) as amended by chapter 405 of the 16 laws of 2010 and paragraph (h) as amended by chapter 154 of the laws of 17 1990, are amended to read as follows: 18 (b) Any of the following felonies: assault in the second degree as 19 defined in section 120.05 of the penal law, assault in the first degree 20 as defined in section 120.10 of the penal law, reckless endangerment in 21 the first degree as defined in section 120.25 of the penal law, promot- 22 ing a suicide attempt as defined in section 120.30 of the penal law, 23 strangulation in the second degree as defined in section 121.12 of the 24 penal law, strangulation in the first degree as defined in section 25 121.13 of the penal law, criminally negligent homicide as defined in 26 section 125.10 of the penal law, manslaughter in the second degree as 27 defined in section 125.15 of the penal law, manslaughter in the first 28 degree as defined in section 125.20 of the penal law, murder in the 29 second degree as defined in section 125.25 of the penal law, murder in 30 the first degree as defined in section 125.27 of the penal law, abortion 31 in the second degree as defined in section 125.40 of the penal law, 32 abortion in the first degree as defined in section 125.45 of the penal 33 law, rape in the third degree as defined in section 130.25 of the penal 34 law, rape in the second degree as defined in section 130.30 of the penal 35 law, rape in the first degree as defined in section 130.35 of the penal 36 law, criminal sexual act in the third degree as defined in section 37 130.40 of the penal law, criminal sexual act in the second degree as 38 defined in section 130.45 of the penal law, criminal sexual act in the 39 first degree as defined in section 130.50 of the penal law, sexual abuse 40 in the first degree as defined in section 130.65 of the penal law, 41 unlawful imprisonment in the first degree as defined in section 135.10 42 of the penal law, kidnapping in the second degree as defined in section 43 135.20 of the penal law, kidnapping in the first degree as defined in 44 section 135.25 of the penal law, labor trafficking as defined in section 45 135.35 of the penal law, AGGRAVATED LABOR TRAFFICKING AS DEFINED IN 46 SECTION 135.37 OF THE PENAL LAW, custodial interference in the first 47 degree as defined in section 135.50 of the penal law, coercion in the 48 first degree as defined in section 135.65 of the penal law, criminal 49 trespass in the first degree as defined in section 140.17 of the penal 50 law, burglary in the third degree as defined in section 140.20 of the 51 penal law, burglary in the second degree as defined in section 140.25 of 52 the penal law, burglary in the first degree as defined in section 140.30 53 of the penal law, criminal mischief in the third degree as defined in 54 section 145.05 of the penal law, criminal mischief in the second degree 55 as defined in section 145.10 of the penal law, criminal mischief in the 56 first degree as defined in section 145.12 of the penal law, criminal S. 7 6 1 tampering in the first degree as defined in section 145.20 of the penal 2 law, arson in the fourth degree as defined in section 150.05 of the 3 penal law, arson in the third degree as defined in section 150.10 of the 4 penal law, arson in the second degree as defined in section 150.15 of 5 the penal law, arson in the first degree as defined in section 150.20 of 6 the penal law, grand larceny in the fourth degree as defined in section 7 155.30 of the penal law, grand larceny in the third degree as defined in 8 section 155.35 of the penal law, grand larceny in the second degree as 9 defined in section 155.40 of the penal law, grand larceny in the first 10 degree as defined in section 155.42 of the penal law, health care fraud 11 in the fourth degree as defined in section 177.10 of the penal law, 12 health care fraud in the third degree as defined in section 177.15 of 13 the penal law, health care fraud in the second degree as defined in 14 section 177.20 of the penal law, health care fraud in the first degree 15 as defined in section 177.25 of the penal law, robbery in the third 16 degree as defined in section 160.05 of the penal law, robbery in the 17 second degree as defined in section 160.10 of the penal law, robbery in 18 the first degree as defined in section 160.15 of the penal law, unlawful 19 use of secret scientific material as defined in section 165.07 of the 20 penal law, criminal possession of stolen property in the fourth degree 21 as defined in section 165.45 of the penal law, criminal possession of 22 stolen property in the third degree as defined in section 165.50 of the 23 penal law, criminal possession of stolen property in the second degree 24 as defined by section 165.52 of the penal law, criminal possession of 25 stolen property in the first degree as defined by section 165.54 of the 26 penal law, trademark counterfeiting in the second degree as defined in 27 section 165.72 of the penal law, trademark counterfeiting in the first 28 degree as defined in section 165.73 of the penal law, forgery in the 29 second degree as defined in section 170.10 of the penal law, forgery in 30 the first degree as defined in section 170.15 of the penal law, criminal 31 possession of a forged instrument in the second degree as defined in 32 section 170.25 of the penal law, criminal possession of a forged instru- 33 ment in the first degree as defined in section 170.30 of the penal law, 34 criminal possession of forgery devices as defined in section 170.40 of 35 the penal law, falsifying business records in the first degree as 36 defined in section 175.10 of the penal law, tampering with public 37 records in the first degree as defined in section 175.25 of the penal 38 law, offering a false instrument for filing in the first degree as 39 defined in section 175.35 of the penal law, issuing a false certificate 40 as defined in section 175.40 of the penal law, criminal diversion of 41 prescription medications and prescriptions in the second degree as 42 defined in section 178.20 of the penal law, criminal diversion of 43 prescription medications and prescriptions in the first degree as 44 defined in section 178.25 of the penal law, residential mortgage fraud 45 in the fourth degree as defined in section 187.10 of the penal law, 46 residential mortgage fraud in the third degree as defined in section 47 187.15 of the penal law, residential mortgage fraud in the second degree 48 as defined in section 187.20 of the penal law, residential mortgage 49 fraud in the first degree as defined in section 187.25 of the penal law, 50 escape in the second degree as defined in section 205.10 of the penal 51 law, escape in the first degree as defined in section 205.15 of the 52 penal law, absconding from temporary release in the first degree as 53 defined in section 205.17 of the penal law, promoting prison contraband 54 in the first degree as defined in section 205.25 of the penal law, 55 hindering prosecution in the second degree as defined in section 205.60 56 of the penal law, hindering prosecution in the first degree as defined S. 7 7 1 in section 205.65 of the penal law, sex trafficking as defined in 2 section 230.34 of the penal law, criminal possession of a weapon in the 3 third degree as defined in subdivisions two, three and five of section 4 265.02 of the penal law, criminal possession of a weapon in the second 5 degree as defined in section 265.03 of the penal law, criminal 6 possession of a weapon in the first degree as defined in section 265.04 7 of the penal law, manufacture, transport, disposition and defacement of 8 weapons and dangerous instruments and appliances defined as felonies in 9 subdivisions one, two, and three of section 265.10 of the penal law, 10 sections 265.11, 265.12 and 265.13 of the penal law, or prohibited use 11 of weapons as defined in subdivision two of section 265.35 of the penal 12 law, relating to firearms and other dangerous weapons, or failure to 13 disclose the origin of a recording in the first degree as defined in 14 section 275.40 of the penal law; 15 (h) Promoting prostitution in the first degree, as defined in section 16 230.32 of the penal law, promoting prostitution in the second degree, as 17 defined by subdivision one of section 230.30 of the penal law, PROMOTING 18 PROSTITUTION IN THE THIRD DEGREE, AS DEFINED IN SECTION 230.25 OF THE 19 PENAL LAW; 20 S 9. The penal law is amended by adding a new section 230.01 to read 21 as follows: 22 S 230.01 PROSTITUTION; AFFIRMATIVE DEFENSE. 23 IN ANY PROSECUTION UNDER SECTION 230.00, SECTION 230.03 OR SUBDIVISION 24 TWO OF SECTION 240.37 OF THIS PART, IT IS AN AFFIRMATIVE DEFENSE THAT 25 THE DEFENDANT'S PARTICIPATION IN THE OFFENSE WAS A RESULT OF HAVING BEEN 26 A VICTIM OF COMPELLING PROSTITUTION UNDER SECTION 230.33, A VICTIM OF 27 SEX TRAFFICKING UNDER SECTION 230.34 OF THIS ARTICLE OR A VICTIM OF 28 TRAFFICKING IN PERSONS UNDER THE TRAFFICKING VICTIMS PROTECTION ACT 29 (UNITED STATES CODE, TITLE 22, CHAPTER 78). 30 S 10. The section heading and subdivision 1 of section 230.02 of the 31 penal law, as amended by chapter 627 of the laws of 1978, are amended to 32 read as follows: 33 Patronizing a [prostitute] PERSON FOR PROSTITUTION; definitions. 34 1. A person patronizes a [prostitute] PERSON FOR PROSTITUTION when: 35 (a) Pursuant to a prior understanding, he OR SHE pays a fee to another 36 person as compensation for such person or a third person having engaged 37 in sexual conduct with him OR HER; or 38 (b) He OR SHE pays or agrees to pay a fee to another person pursuant 39 to an understanding that in return therefor such person or a third 40 person will engage in sexual conduct with him OR HER; or 41 (c) He OR SHE solicits or requests another person to engage in sexual 42 conduct with him OR HER in return for a fee. 43 S 11. Subdivision 2 of section 230.03 of the penal law, as added by 44 chapter 191 of the laws of 2011, is amended to read as follows: 45 2. For the purposes of this section, SECTION 230.08 and section 230.19 46 of this article, "school zone" means (a) in or on or within any build- 47 ing, structure, athletic playing field, playground or land contained 48 within the real property boundary line of a public or private elementa- 49 ry, parochial, intermediate, junior high, vocational, or high school, or 50 (b) any public sidewalk, street, parking lot, park, playground or 51 private land, located immediately adjacent to the boundary line of such 52 school. 53 S 12. Section 230.04 of the penal law, as amended by chapter 74 of the 54 laws of 2007, is amended to read as follows: 55 S 230.04 Patronizing a [prostitute] PERSON FOR PROSTITUTION in the third 56 degree. S. 7 8 1 A person is guilty of patronizing a [prostitute] PERSON FOR PROSTITU- 2 TION in the third degree when he or she patronizes a [prostitute] PERSON 3 FOR PROSTITUTION. 4 Patronizing a [prostitute] PERSON FOR PROSTITUTION in the third degree 5 is a class A misdemeanor. 6 S 13. Section 230.05 of the penal law, as added by chapter 627 of the 7 laws of 1978, is amended to read as follows: 8 S 230.05 Patronizing a [prostitute] PERSON FOR PROSTITUTION in the 9 second degree. 10 A person is guilty of patronizing a [prostitute] PERSON FOR PROSTITU- 11 TION in the second degree when, being [over] eighteen years [of age] OLD 12 OR MORE, he OR SHE patronizes a [prostitute] PERSON FOR PROSTITUTION and 13 the person patronized is less than [fourteen] FIFTEEN years [of age] 14 OLD. 15 Patronizing a [prostitute] PERSON FOR PROSTITUTION in the second 16 degree is a class E felony. 17 S 14. Section 230.06 of the penal law, as added by chapter 627 of the 18 laws of 1978, is amended to read as follows: 19 S 230.06 Patronizing a [prostitute] PERSON FOR PROSTITUTION in the first 20 degree. 21 A person is guilty of patronizing a [prostitute] PERSON FOR PROSTITU- 22 TION in the first degree when [he]: 23 1. HE OR SHE patronizes a [prostitute] PERSON FOR PROSTITUTION and the 24 person patronized is less than eleven years [of age] OLD; OR 25 2. BEING EIGHTEEN YEARS OLD OR MORE, HE OR SHE PATRONIZES A PERSON FOR 26 PROSTITUTION AND THE PERSON PATRONIZED IS LESS THAN THIRTEEN YEARS OLD. 27 Patronizing a [prostitute] PERSON FOR PROSTITUTION in the first degree 28 is a class D felony. 29 S 15. Section 230.07 of the penal law, as amended by chapter 74 of the 30 laws of 2007, is amended to read as follows: 31 S 230.07 Patronizing a [prostitute] PERSON FOR PROSTITUTION; defense. 32 In any prosecution for patronizing a [prostitute] PERSON FOR PROSTITU- 33 TION in the first or second degrees OR PATRONIZING A PERSON FOR PROSTI- 34 TUTION IN A SCHOOL ZONE, it is a defense that the defendant did not have 35 reasonable grounds to believe that the person was less than the age 36 specified. 37 S 16. The penal law is amended by adding a new section 230.08 to read 38 as follows: 39 S 230.08 PATRONIZING A PERSON FOR PROSTITUTION IN A SCHOOL ZONE. 40 1. A PERSON IS GUILTY OF PATRONIZING A PERSON FOR PROSTITUTION IN A 41 SCHOOL ZONE WHEN, BEING TWENTY-ONE YEARS OLD OR MORE, HE OR SHE PATRON- 42 IZES A PERSON FOR PROSTITUTION AND THE PERSON PATRONIZED IS LESS THAN 43 EIGHTEEN YEARS OLD AT A PLACE THAT HE OR SHE KNOWS, OR REASONABLY SHOULD 44 KNOW, IS IN A SCHOOL ZONE. 45 2. FOR PURPOSES OF THIS SECTION, "SCHOOL ZONE" SHALL MEAN "SCHOOL 46 ZONE" AS DEFINED IN SUBDIVISION TWO OF SECTION 230.03 OF THIS ARTICLE. 47 PATRONIZING A PERSON FOR PROSTITUTION IN A SCHOOL ZONE IS A CLASS E 48 FELONY. 49 S 17. The section heading and the opening paragraph of section 230.10 50 of the penal law are amended to read as follows: 51 Prostitution and patronizing a [prostitute] PERSON FOR PROSTITUTION; 52 no defense. 53 In any prosecution for prostitution or patronizing a [prostitute] 54 PERSON FOR PROSTITUTION, the sex of the two parties or prospective 55 parties to the sexual conduct engaged in, contemplated or solicited is 56 immaterial, and it is no defense that: S. 7 9 1 S 18. The penal law is amended by adding three new sections 230.11, 2 230.12 and 230.13 to read as follows: 3 S 230.11 AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE THIRD 4 DEGREE. 5 A PERSON IS GUILTY OF AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION 6 IN THE THIRD DEGREE WHEN, BEING TWENTY-ONE YEARS OLD OR MORE, HE OR SHE 7 PATRONIZES A PERSON FOR PROSTITUTION AND THE PERSON PATRONIZED IS LESS 8 THAN SEVENTEEN YEARS OLD AND THE PERSON GUILTY OF PATRONIZING ENGAGES IN 9 SEXUAL INTERCOURSE, ORAL SEXUAL CONDUCT, ANAL SEXUAL CONDUCT, OR AGGRA- 10 VATED SEXUAL CONDUCT AS THOSE TERMS ARE DEFINED IN SECTION 130.00 OF 11 THIS PART, WITH THE PERSON PATRONIZED. 12 AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE THIRD DEGREE IS 13 A CLASS E FELONY. 14 S 230.12 AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE SECOND 15 DEGREE. 16 A PERSON IS GUILTY OF AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION 17 IN THE SECOND DEGREE WHEN, BEING EIGHTEEN YEARS OLD OR MORE, HE OR SHE 18 PATRONIZES A PERSON FOR PROSTITUTION AND THE PERSON PATRONIZED IS LESS 19 THAN FIFTEEN YEARS OLD AND THE PERSON GUILTY OF PATRONIZING ENGAGES IN 20 SEXUAL INTERCOURSE, ORAL SEXUAL CONDUCT, ANAL SEXUAL CONDUCT, OR AGGRA- 21 VATED SEXUAL CONDUCT AS THOSE TERMS ARE DEFINED IN SECTION 130.00 OF 22 THIS PART, WITH THE PERSON PATRONIZED. 23 AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE SECOND DEGREE 24 IS A CLASS D FELONY. 25 S 230.13 AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE FIRST 26 DEGREE. 27 A PERSON IS GUILTY OF AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION 28 IN THE FIRST DEGREE WHEN HE OR SHE PATRONIZES A PERSON FOR PROSTITUTION 29 AND THE PERSON PATRONIZED IS LESS THAN ELEVEN YEARS OLD, OR BEING EIGH- 30 TEEN YEARS OLD OR MORE, HE OR SHE PATRONIZES A PERSON FOR PROSTITUTION 31 AND THE PERSON PATRONIZED IS LESS THAN THIRTEEN YEARS OLD, AND THE 32 PERSON GUILTY OF PATRONIZING ENGAGES IN SEXUAL INTERCOURSE, ORAL SEXUAL 33 CONDUCT, ANAL SEXUAL CONDUCT, OR AGGRAVATED SEXUAL CONDUCT AS THOSE 34 TERMS ARE DEFINED IN SECTION 130.00 OF THIS PART, WITH THE PERSON 35 PATRONIZED. 36 AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE FIRST DEGREE IS 37 A CLASS B FELONY. 38 S 19. Subdivisions 1 and 2 of section 230.15 of the penal law are 39 amended to read as follows: 40 1. "Advance prostitution." A person "advances prostitution" when, 41 acting other than as a [prostitute] PERSON IN PROSTITUTION or as a 42 patron thereof, he OR SHE knowingly causes or aids a person to commit or 43 engage in prostitution, procures or solicits patrons for prostitution, 44 provides persons or premises for prostitution purposes, operates or 45 assists in the operation of a house of prostitution or a prostitution 46 enterprise, or engages in any other conduct designed to institute, aid 47 or facilitate an act or enterprise of prostitution. 48 2. "Profit from prostitution." A person "profits from prostitution" 49 when, acting other than as a [prostitute] PERSON IN PROSTITUTION receiv- 50 ing compensation for personally rendered prostitution services, he OR 51 SHE accepts or receives money or other property pursuant to an agreement 52 or understanding with any person whereby he OR SHE participates or is to 53 participate in the proceeds of prostitution activity. 54 S 20. Subdivision 1 of section 230.19 of the penal law, as added by 55 chapter 191 of the laws of 2011, is amended to read as follows: S. 7 10 1 1. A person is guilty of promoting prostitution in a school zone when, 2 being nineteen years [of age] OLD or [older] MORE, he or she knowingly 3 advances or profits from prostitution that he or she knows or reasonably 4 should know is or will be committed in violation of section 230.03 of 5 this article in a school zone during the hours that school is in 6 session. 7 S 21. The opening paragraph and subdivision 1 of section 230.25 of the 8 penal law, the opening paragraph as amended by chapter 627 of the laws 9 of 1978 and subdivision 1 as amended by chapter 74 of the laws of 2007, 10 are amended to read as follows: 11 A person is guilty of promoting prostitution in the third degree when 12 he OR SHE knowingly: 13 1. Advances or profits from prostitution by managing, supervising, 14 controlling or owning, either alone or in association with others, a 15 house of prostitution or a prostitution business or enterprise involving 16 prostitution activity by two or more [prostitutes] PERSONS IN PROSTITU- 17 TION, or a business that sells travel-related services knowing that such 18 services include or are intended to facilitate travel for the purpose of 19 patronizing a [prostitute] PERSON FOR PROSTITUTION, including to a 20 foreign jurisdiction and regardless of the legality of prostitution in 21 said foreign jurisdiction; or 22 S 22. Section 230.30 of the penal law, as amended by chapter 627 of 23 the laws of 1978, is amended to read as follows: 24 S 230.30 Promoting prostitution in the second degree. 25 A person is guilty of promoting prostitution in the second degree when 26 he OR SHE knowingly: 27 1. Advances prostitution by compelling a person by force or intim- 28 idation to engage in prostitution, or profits from such coercive conduct 29 by another; or 30 2. Advances or profits from prostitution of a person less than 31 [sixteen] EIGHTEEN years old. 32 Promoting prostitution in the second degree is a class C felony. 33 S 23. The first undesignated paragraph of section 230.32 of the penal 34 law, as added by chapter 627 of the laws of 1978, is amended to read as 35 follows: 36 A person is guilty of promoting prostitution in the first degree when 37 he OR SHE: 38 1. knowingly advances or profits from prostitution of a person less 39 than [eleven] THIRTEEN years old; OR 40 2. BEING TWENTY-ONE YEARS OLD OR MORE, HE OR SHE KNOWINGLY ADVANCES OR 41 PROFITS FROM PROSTITUTION OF A PERSON LESS THAN FIFTEEN YEARS OLD. 42 S 24. Section 230.33 of the penal law, as added by chapter 450 of the 43 laws of 2005, is amended to read as follows: 44 S 230.33 Compelling prostitution. 45 A person is guilty of compelling prostitution when, being [twenty-one] 46 EIGHTEEN years [of age or older] OLD OR MORE, he or she knowingly 47 advances prostitution by compelling a person less than [sixteen] EIGH- 48 TEEN years old, by force or intimidation, to engage in prostitution. 49 Compelling prostitution is a class B felony. 50 S 25. Section 230.35 of the penal law, as amended by chapter 450 of 51 the laws of 2005, is amended to read as follows: 52 S 230.35 Promoting or compelling prostitution; accomplice. 53 In a prosecution for promoting prostitution or compelling prostitu- 54 tion, a person less than [seventeen] EIGHTEEN years [of age] OLD from 55 whose prostitution activity another person is alleged to have advanced S. 7 11 1 or attempted to advance or profited or attempted to profit shall not be 2 deemed to be an accomplice. 3 S 26. The first undesignated paragraph of section 230.40 of the penal 4 law is amended to read as follows: 5 A person is guilty of permitting prostitution when, having possession 6 or control of premises OR VEHICLE which he OR SHE knows are being used 7 for prostitution purposes OR FOR THE PURPOSE OF ADVANCING PROSTITUTION, 8 he OR SHE fails to make reasonable effort to halt or abate such use. 9 S 27. Subdivision 2 of section 240.37 of the penal law, as added by 10 chapter 344 of the laws of 1976, is amended, and subdivision 3 is renum- 11 bered subdivision 4 and a new subdivision 3 is added to read as follows: 12 2. Any person who remains or wanders about in a public place and 13 repeatedly beckons to, or repeatedly stops, or repeatedly attempts to 14 stop, or repeatedly attempts to engage passers-by in conversation, or 15 repeatedly stops or attempts to stop motor vehicles, or repeatedly 16 interferes with the free passage of other persons, for the purpose of 17 prostitution[, or of patronizing a prostitute as those terms are] AS 18 THAT TERM IS defined in article two hundred thirty of [the penal law] 19 THIS PART, shall be guilty of a violation and is guilty of a class B 20 misdemeanor if such person has previously been convicted of a violation 21 of this section or of [sections] SECTION 230.00 [or 230.05] of [the 22 penal law] THIS PART. 23 3. ANY PERSON WHO REMAINS OR WANDERS ABOUT IN A PUBLIC PLACE AND 24 REPEATEDLY BECKONS TO, OR REPEATEDLY STOPS, OR REPEATEDLY ATTEMPTS TO 25 STOP, OR REPEATEDLY ATTEMPTS TO ENGAGE PASSERS-BY IN CONVERSATION, OR 26 REPEATEDLY STOPS OR ATTEMPTS TO STOP MOTOR VEHICLES, OR REPEATEDLY 27 INTERFERES WITH THE FREE PASSAGE OF OTHER PERSONS, FOR THE PURPOSE OF 28 PATRONIZING A PERSON FOR PROSTITUTION AS DEFINED IN SECTION 230.02 OF 29 THIS PART, SHALL BE GUILTY OF A VIOLATION AND IS GUILTY OF A CLASS B 30 MISDEMEANOR IF SUCH PERSON HAS PREVIOUSLY BEEN CONVICTED OF A VIOLATION 31 OF THIS SECTION OR OF SECTION 230.04, 230.05, 230.06 OR 230.08 OF THIS 32 PART. 33 S 28. Subdivision 6 of section 380.50 of the criminal procedure law, 34 as amended by chapter 320 of the laws of 2006, is amended to read as 35 follows: 36 6. Regardless of whether the victim requests to make a statement with 37 regard to the defendant's sentence, where the defendant is sentenced for 38 a violent felony offense as defined in section 70.02 of the penal law or 39 a felony defined in article one hundred twenty-five of such law or any 40 of the following provisions of such law sections 130.25, 130.30, 130.40, 41 130.45, 255.25, 255.26, 255.27, article two hundred sixty-three, 135.10, 42 135.25, 230.05, 230.06, 230.11, 230.12, 230.13, subdivision two of 43 section 230.30 or 230.32, the prosecutor shall, within sixty days of the 44 imposition of sentence, provide the victim with a form on which the 45 victim may indicate a demand to be informed of any petition to change 46 the name of such defendant. Such forms shall be maintained by such 47 prosecutor. Upon receipt of a notice of a petition to change the name of 48 any such defendant, pursuant to subdivision two of section sixty-two of 49 the civil rights law, the prosecutor shall promptly notify the victim at 50 the most current address or telephone number provided by such victim in 51 the most reasonable and expedient possible manner of the time and place 52 such petition will be presented to the court. 53 S 29. Paragraph (i) of subdivision 1 of section 440.10 of the criminal 54 procedure law, as added by chapter 332 of the laws of 2010, is amended 55 to read as follows: S. 7 12 1 (i) The judgment is a conviction where the arresting charge was under 2 section 240.37 (loitering for the purpose of engaging in a prostitution 3 offense, provided that the defendant was not alleged to be loitering for 4 the purpose of patronizing a [prostitute] PERSON FOR PROSTITUTION or 5 promoting prostitution) or 230.00 (prostitution) OR 230.03 (PROSTITUTION 6 IN A SCHOOL ZONE) of the penal law, and the defendant's participation in 7 the offense was a result of having been a victim of sex trafficking 8 under section 230.34 of the penal law, LABOR TRAFFICKING UNDER SECTION 9 135.35 OF THE PENAL LAW, AGGRAVATED LABOR TRAFFICKING UNDER SECTION 10 135.37 OF THE PENAL LAW, COMPELLING PROSTITUTION UNDER SECTION 230.33 OF 11 THE PENAL LAW, or trafficking in persons under the Trafficking Victims 12 Protection Act (United States Code, title 22, chapter 78); provided that 13 (i) a motion under this paragraph shall be made with due diligence, 14 after the defendant has ceased to be a victim of such trafficking OR 15 COMPELLING PROSTITUTION CRIME or has sought services for victims of such 16 trafficking OR COMPELLING PROSTITUTION CRIME, subject to reasonable 17 concerns for the safety of the defendant, family members of the defend- 18 ant, or other victims of such trafficking OR COMPELLING PROSTITUTION 19 CRIME that may be jeopardized by the bringing of such motion, or for 20 other reasons consistent with the purpose of this paragraph; and 21 (ii) official documentation of the defendant's status as a victim of 22 [sex] trafficking, COMPELLING PROSTITUTION or trafficking in persons at 23 the time of the offense from a federal, state or local government agency 24 shall create a presumption that the defendant's participation in the 25 offense was a result of having been a victim of sex trafficking, COMPEL- 26 LING PROSTITUTION or trafficking in persons, but shall not be required 27 for granting a motion under this paragraph. 28 S 30. Section 483-bb of the social services law is amended by adding a 29 new subdivision (c) to read as follows: 30 (C) AN INDIVIDUAL WHO IS A VICTIM OF THE CONDUCT PROHIBITED BY SECTION 31 230.33, 230.34, 135.35 OR 135.37 OF THE PENAL LAW MAY BRING A CIVIL 32 ACTION AGAINST THE PERPETRATOR OR WHOEVER KNOWINGLY ADVANCES OR PROFITS 33 FROM, OR WHOEVER SHOULD HAVE KNOWN HE OR SHE WAS ADVANCING OR PROFITING 34 FROM, AN ACT IN VIOLATION OF SECTION 230.33, 230.34, 135.35 OR 135.37 OF 35 THE PENAL LAW TO RECOVER DAMAGES AND REASONABLE ATTORNEY'S FEES. 36 S 31. Section 212 of the civil practice law and rules is amended by 37 adding a new subdivision (e) to read as follows: 38 (E) BY A VICTIM OF SEX TRAFFICKING, COMPELLING PROSTITUTION, OR LABOR 39 TRAFFICKING. AN ACTION BY A VICTIM OF SEX TRAFFICKING, COMPELLING PROS- 40 TITUTION, LABOR TRAFFICKING OR AGGRAVATED LABOR TRAFFICKING, BROUGHT 41 PURSUANT TO SUBDIVISION (C) OF SECTION FOUR HUNDRED EIGHTY-THREE-BB OF 42 THE SOCIAL SERVICES LAW, MAY BE COMMENCED WITHIN TEN YEARS AFTER SUCH 43 VICTIMIZATION OCCURS PROVIDED, HOWEVER, THAT SUCH TEN YEAR PERIOD SHALL 44 NOT BEGIN TO RUN AND SHALL BE TOLLED DURING ANY PERIOD IN WHICH THE 45 VICTIM IS OR REMAINS SUBJECT TO SUCH CONDUCT. 46 S 32. Subdivision (a) of section 483-cc of the social services law, as 47 added by chapter 74 of the laws of 2007, is amended to read as follows: 48 (a) As soon as practicable after a first encounter with a person who 49 reasonably appears to a law enforcement agency [or a], district attor- 50 ney's office, OR AN ESTABLISHED PROVIDER OF SOCIAL OR LEGAL SERVICES 51 DESIGNATED BY THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE, THE 52 OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE OR THE OFFICE OF VICTIM 53 SERVICES to be a human trafficking victim, that [agency or] LAW ENFORCE- 54 MENT AGENCY OR DISTRICT ATTORNEY'S office shall notify the office of 55 temporary and disability assistance and the division of criminal justice 56 services that such person may be eligible for services under this arti- S. 7 13 1 cle OR, IN THE CASE OF AN ESTABLISHED PROVIDER OF SOCIAL OR LEGAL 2 SERVICES, SHALL NOTIFY THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE 3 AND THE DIVISION OF CRIMINAL JUSTICE SERVICES IF SUCH VICTIM CONSENTS TO 4 SEEKING SERVICES PURSUANT TO THIS ARTICLE. 5 S 33. Section 14 of chapter 74 of the laws of 2007, amending the penal 6 law, the criminal procedure law, the correction law, the social services 7 law, and the executive law relating to human trafficking, as amended by 8 chapter 24 of the laws of 2011, is amended to read as follows: 9 S 14. This act shall take effect on the first of November next 10 succeeding the date on which it shall have become a law; provided that 11 section 483-ee of the social services law, as added by section eleven of 12 this act, shall take effect immediately and shall remain in full force 13 and effect until September 1, [2013] 2019 when upon such date the 14 provisions of such section shall expire and be deemed repealed. 15 Provided, effective immediately, the addition, amendment and/or repeal 16 of any rule or regulation necessary for the timely implementation of the 17 provisions of article 10-D of the social services law, as added by 18 section eleven of this act, on its effective date are authorized to be 19 made on or before such effective date. 20 S 34. Subdivision (p) of section 10.03 of the mental hygiene law, as 21 added by chapter 7 of the laws of 2007, is amended to read as follows: 22 (p) "Sex offense" means an act or acts constituting: (1) any felony 23 defined in article one hundred thirty of the penal law, including a 24 sexually motivated felony; (2) patronizing a [prostitute] PERSON FOR 25 PROSTITUTION in the first degree as defined in section 230.06 of the 26 penal law, AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE FIRST 27 DEGREE AS DEFINED IN SECTION 230.13 OF THE PENAL LAW, AGGRAVATED PATRON- 28 IZING A MINOR FOR PROSTITUTION IN THE SECOND DEGREE AS DEFINED IN 29 SECTION 230.12 OF THE PENAL LAW, AGGRAVATED PATRONIZING A MINOR FOR 30 PROSTITUTION IN THE THIRD DEGREE AS DEFINED IN SECTION 230.11 OF THE 31 PENAL LAW, incest in the second degree as defined in section 255.26 of 32 the penal law, or incest in the first degree as defined in section 33 255.27 of the penal law; (3) a felony attempt or conspiracy to commit 34 any of the foregoing offenses set forth in this subdivision; or (4) a 35 designated felony, as defined in subdivision (f) of this section, if 36 sexually motivated and committed prior to the effective date of this 37 article. 38 S 35. Subparagraph (i) of paragraph (a) of subdivision 2 of section 39 168-a of the correction law, as amended by chapter 405 of the laws of 40 2008, is amended to read as follows: 41 (i) a conviction of or a conviction for an attempt to commit any of 42 the provisions of sections 120.70, 130.20, 130.25, 130.30, 130.40, 43 130.45, 130.60, 230.34, 250.50, 255.25, 255.26 and 255.27 or article two 44 hundred sixty-three of the penal law, or section 135.05, 135.10, 135.20 45 or 135.25 of such law relating to kidnapping offenses, provided the 46 victim of such kidnapping or related offense is less than seventeen 47 years old and the offender is not the parent of the victim, or section 48 230.04, where the person patronized is in fact less than seventeen years 49 of age, 230.05 [or], 230.06, [or] 230.11, 230.12, 230.13, subdivision 50 two of section 230.30, [or] section 230.32 [or], 230.33, OR 230.34 of 51 the penal law, OR SECTION 230.25 OF THE PENAL LAW WHERE THE PERSON PROS- 52 TITUTED IS IN FACT LESS THAN SEVENTEEN YEARS OLD, or 53 S 36. Paragraph (b) of subdivision 1 of section 168-d of the 54 correction law, as amended by chapter 74 of the laws of 2007, is amended 55 to read as follows: S. 7 14 1 (b) Where a defendant stands convicted of an offense defined in para- 2 graph (b) of subdivision two of section one hundred sixty-eight-a of 3 this article or where the defendant was convicted of patronizing a 4 [prostitute] PERSON FOR PROSTITUTION in the third degree under section 5 230.04 of the penal law and the defendant controverts an allegation that 6 the victim of such offense was less than eighteen years of age or, in 7 the case of a conviction under section 230.04 of the penal law, less 8 than seventeen years of age, the court, without a jury, shall, prior to 9 sentencing, conduct a hearing, and the people may prove by clear and 10 convincing evidence that the victim was less than eighteen years [of 11 age] OLD or less than seventeen years [of age] OLD, as applicable, by 12 any evidence admissible under the rules applicable to a trial of the 13 issue of guilt. The court in addition to such admissible evidence may 14 also consider reliable hearsay evidence submitted by either party 15 provided that it is relevant to the determination of the age of the 16 victim. Facts concerning the age of the victim proven at trial or ascer- 17 tained at the time of entry of a plea of guilty shall be deemed estab- 18 lished by clear and convincing evidence and shall not be relitigated. At 19 the conclusion of the hearing, or if the defendant does not controvert 20 an allegation that the victim of the offense was less than eighteen 21 years [of age] OLD or less than seventeen years [of age] OLD, as appli- 22 cable, the court must make a finding and enter an order setting forth 23 the age of the victim. If the court finds that the victim of such 24 offense was under eighteen years [of age] OLD or under seventeen years 25 [of age] OLD, as applicable, the court shall certify the defendant as a 26 sex offender, the provisions of paragraph (a) of this subdivision shall 27 apply and the defendant shall register with the division in accordance 28 with the provisions of this article. 29 S 37. Paragraph (c) of subdivision 4 of section 509-cc of the vehicle 30 and traffic law, as amended by chapter 400 of the laws of 2011, is 31 amended to read as follows: 32 (c) The offenses referred to in subparagraph (i) of paragraph (b) of 33 subdivision one and subparagraph (i) of paragraph (c) of subdivision two 34 of this section that result in disqualification for a period of five 35 years shall include a conviction under sections 100.10, 105.13, 115.05, 36 120.03, 120.04, 120.04-a, 120.05, 120.10, 120.25, 121.12, 121.13, 37 125.40, 125.45, 130.20, 130.25, 130.52, 130.55, 135.10, 135.55, 140.17, 38 140.25, 140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06, 220.09, 39 220.16, 220.31, 220.34, 220.60, 220.65, 221.30, 221.50, 221.55, 230.00, 40 230.05, 230.06, 230.11, 230.12, 230.13, 230.19, 230.20, 235.05, 235.06, 41 235.07, 235.21, 240.06, 245.00, 260.10, subdivision two of section 42 260.20 and sections 260.25, 265.02, 265.03, 265.08, 265.09, 265.10, 43 265.12, 265.35 of the penal law or an attempt to commit any of the afor- 44 esaid offenses under section 110.00 of the penal law, or any similar 45 offenses committed under a former section of the penal law, or any 46 offenses committed under a former section of the penal law which would 47 constitute violations of the aforesaid sections of the penal law, or any 48 offenses committed outside this state which would constitute violations 49 of the aforesaid sections of the penal law. 50 S 38. The vehicle and traffic law is amended by adding a new section 51 510-d to read as follows: 52 S 510-D. SUSPENSION AND REVOCATION OF CLASS E DRIVER'S LICENSES. 1. A 53 CLASS E DRIVER'S LICENSE SHALL BE SUSPENDED BY THE COMMISSIONER FOR A 54 PERIOD OF ONE YEAR WHERE THE HOLDER IS CONVICTED OF A VIOLATION OF 55 SECTION 230.20, 230.25, 230.30, 230.32, 230.34 OR 230.40 OF THE PENAL 56 LAW AND THE HOLDER USED A FOR HIRE MOTOR VEHICLE TO COMMIT SUCH CRIME. S. 7 15 1 2. A CLASS E DRIVER'S LICENSE MAY BE REVOKED BY THE COMMISSIONER WHEN 2 THE HOLDER, WHO HAD HIS OR HER DRIVER'S LICENSE SUSPENDED UNDER SUBDIVI- 3 SION ONE OF THIS SECTION WITHIN THE LAST TEN YEARS, IS CONVICTED OF A 4 SECOND VIOLATION OF SECTION 230.20, 230.25, 230.30, 230.32, 230.34 OR 5 230.40 OF THE PENAL LAW AND THE HOLDER USED A FOR HIRE MOTOR VEHICLE TO 6 COMMIT SUCH CRIME. 7 3. ANY REVOCATION OR SUSPENSION OF A CLASS E DRIVER'S LICENSE ISSUED 8 PURSUANT TO THIS ARTICLE SHALL BE APPLICABLE ONLY TO THAT PORTION OF THE 9 HOLDER'S DRIVER'S LICENSE OR PRIVILEGE WHICH PERMITS THE OPERATION OF A 10 MOTOR VEHICLE TRANSPORTING PASSENGERS FOR HIRE, AND THE COMMISSIONER 11 SHALL IMMEDIATELY ISSUE A LICENSE, OTHER THAN A CLASS E DRIVER'S 12 LICENSE, TO SUCH PERSON, PROVIDED THAT SUCH PERSON IS OTHERWISE ELIGIBLE 13 TO RECEIVE SUCH LICENSE AND FURTHER PROVIDED THAT ISSUING A LICENSE TO 14 SUCH PERSON DOES NOT CREATE A SUBSTANTIAL TRAFFIC SAFETY HAZARD. 15 4. THE PROVISIONS OF THIS SECTION SHALL NOT BE CONSTRUED TO PREVENT 16 ANY PERSON WHO HAS THE AUTHORITY TO SUSPEND OR REVOKE A LICENSE TO DRIVE 17 OR PRIVILEGE OF OPERATING PURSUANT TO SECTION FIVE HUNDRED TEN OF THIS 18 ARTICLE FROM EXERCISING ANY SUCH AUTHORITY. 19 S 39. Section 2324-a of the public health law, as amended by chapter 20 260 of the laws of 1978, is amended to read as follows: 21 S 2324-a. Presumptive evidence. For the purposes of this title, two 22 or more convictions of any person or persons had, within a period of one 23 year, for any of the offenses described in section 230.00, 230.05, 24 230.06, 230.08, 230.11, 230.12, 230.13, 230.20, 230.25 [or], 230.30 OR 25 230.32 of the penal law arising out of conduct engaged in at the same 26 real property consisting of a dwelling as that term is defined in subdi- 27 vision four of section four of the multiple dwelling law shall be 28 presumptive evidence of conduct constituting use of the premises for 29 purposes of prostitution. 30 S 40. Subdivision 2 of section 715 of the real property actions and 31 proceedings law, as added by chapter 494 of the laws of 1976, is amended 32 to read as follows: 33 2. For purposes of this section, two or more convictions of any person 34 or persons had, within a period of one year, for any of the offenses 35 described in section 230.00, 230.05, 230.06, 230.11, 230.12, 230.13, 36 230.20, 230.25, 230.30, 230.32 or 230.40 of the penal law arising out of 37 conduct engaged in at the same real property consisting of a dwelling as 38 that term is defined in subdivision four of section four of the multiple 39 dwelling law shall be presumptive evidence of conduct constituting use 40 of the premises for purposes of prostitution. 41 S 41. Subdivision 3 of section 231 of the real property law, as 42 amended by chapter 203 of the laws of 1980, is amended to read as 43 follows: 44 3. For the purposes of this section, two or more convictions of any 45 person or persons had, within a period of one year, for any of the 46 offenses described in section 230.00, 230.05, 230.06, 230.11, 230.12, 47 230.13, 230.20, 230.25, 230.30, 230.32 or 230.40 of the penal law aris- 48 ing out of conduct engaged in at the same premises consisting of a 49 dwelling as that term is defined in subdivision four of section four of 50 the multiple dwelling law shall be presumptive evidence of unlawful use 51 of such premises and of the owners knowledge of the same. 52 S 42. Subdivision 3 of section 840 of the executive law is amended by 53 adding a new paragraph (f-1) to read as follows: 54 (F-1) DEVELOP, MAINTAIN AND DISSEMINATE, IN CONSULTATION WITH THE 55 OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE AND THE DIVISION OF CRIMI- 56 NAL JUSTICE SERVICES, WRITTEN POLICIES AND PROCEDURES REGARDING HUMAN S. 7 16 1 TRAFFICKING VICTIMS. SUCH POLICIES AND PROCEDURES SHALL INCLUDE, BUT NOT 2 BE LIMITED TO THE FOLLOWING: (1) THE IDENTIFICATION OF POTENTIAL VICTIMS 3 OF HUMAN TRAFFICKING, AS DEFINED UNDER SECTION FOUR HUNDRED 4 EIGHTY-THREE-AA OF THE SOCIAL SERVICES LAW; AND (2) INFORMATION AND/OR 5 REFERRAL TO APPROPRIATE SOCIAL AND LEGAL SERVICES FOR VICTIMS OF HUMAN 6 TRAFFICKING IN ACCORDANCE WITH SECTION FOUR HUNDRED EIGHTY-THREE-BB OF 7 THE SOCIAL SERVICES LAW; 8 S 43. The executive law is amended by adding a new section 214-d to 9 read as follows: 10 S 214-D. HUMAN TRAFFICKING AWARENESS. THE SUPERINTENDENT, IN CONSULTA- 11 TION WITH THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE AND THE 12 DIVISION OF CRIMINAL JUSTICE SERVICES, SHALL: (1) DEVELOP, MAINTAIN AND 13 DISSEMINATE TO ALL MEMBERS OF THE STATE POLICE, INCLUDING NEW AND VETER- 14 AN OFFICERS, WRITTEN POLICIES, PROCEDURES AND EDUCATIONAL MATERIALS 15 RELATING TO HUMAN TRAFFICKING VICTIMS, INCLUDING SERVICES AVAILABLE FOR 16 VICTIMS OF HUMAN TRAFFICKING, AS REFERENCED IN SECTION FOUR HUNDRED 17 EIGHTY-THREE-BB OF THE SOCIAL SERVICES LAW; AND (2) ESTABLISH AND IMPLE- 18 MENT WRITTEN PROCEDURES AND POLICIES IN THE EVENT A MEMBER OF THE DIVI- 19 SION OF STATE POLICE ENCOUNTERS AN INDIVIDUAL BELIEVED TO BE A VICTIM OF 20 HUMAN TRAFFICKING, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, THE 21 PROVISION OF INFORMATION AND/OR REFERRAL TO AN APPROPRIATE PROVIDER OF 22 SOCIAL AND LEGAL SERVICES TO HUMAN TRAFFICKING VICTIMS, IN ACCORDANCE 23 WITH SUCH SECTION FOUR HUNDRED EIGHTY-THREE-BB. 24 S 44. Severability clause. If any clause, sentence, paragraph, subdi- 25 vision, section or part of this act shall be adjudged by a court of 26 competent jurisdiction to be invalid, such judgment shall not affect, 27 impair or invalidate the remainder thereof, but shall be confined in its 28 operation to the clause, sentence, paragraph, subdivision, section or 29 part thereof directly involved in the controversy in which such judgment 30 shall have been rendered. It is hereby declared to be the intent of the 31 legislature that this act would have been enacted even if such invalid 32 provisions had not been included herein. 33 S 45. Notwithstanding the provisions of article 5 of the general 34 construction law, the provisions of section 483-ee of the social 35 services law, as added by chapter 74 of the laws of 2007, are hereby 36 revived and shall continue in full force and effect as such provisions 37 existed on August 31, 2013. 38 S 46. This act shall take effect on the ninetieth day after it shall 39 have become a law; provided however that sections thirty-three and 40 forty-five of this act shall take effect immediately.