Bill Text: NY S07540 | 2013-2014 | General Assembly | Introduced
Bill Title: Establishes the "Women's Equality Act"; relates to prohibition of differential pay because of sex (part A); relates to unlawful discriminatory practices (part B); provides for attorney's fees in cases of housing, employment or credit discrimination (part C); relates to the unlawful discriminatory practice because of familial status (part D); relates to domestic violence victim status and lawful source of income (part E); relates to establishing a pilot program for the filing of petitions for temporary orders of protection by electronic means and for issuance of such orders ex parte by audio-visual means (part F); relates to prostitution in a school zone; enacts the trafficking victims protection and justice act (part G); relates to reasonable accommodation (part H); and relates to access to reproductive services (part I).
Spectrum: Partisan Bill (Democrat 20-0)
Status: (Introduced - Dead) 2014-05-15 - REFERRED TO LABOR [S07540 Detail]
Download: New_York-2013-S07540-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
7540
I N S E N A T E
May 15, 2014
___________
Introduced by Sen. STEWART-COUSINS -- read twice and ordered printed,
and when printed to be committed to the Committee on Labor
AN ACT to amend the labor law, in relation to the prohibition of differ-
ential pay because of sex (Part A); to amend the executive law, in
relation to unlawful discriminatory practices (Part B); to amend the
executive law, in relation to the provision of attorney's fees in
cases of housing, employment or credit discrimination; to amend the
executive law, in relation to the awarding of reasonable attorney's
fees (Part C); to amend the executive law in relation to the unlawful
discriminatory practice because of familial status (Part D); to amend
the real property law and the real property actions and proceedings
law, in relation to prohibiting discrimination in housing based upon
domestic violence status and establishing a task force to study the
impact of source of income on access to housing (Part E); to amend the
family court act and the judiciary law, in relation to establishing a
pilot program for the filing of petitions for temporary orders of
protection by electronic means and for issuance of such orders ex
parte by audio-visual means and to amend the executive law, in
relation to review and reports by the chief administrator of the
courts (Part F); 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 relat-
ing to human trafficking, in relation to extending the interagency
task force on human trafficking for four years; and to amend the exec-
utive law, in relation to human trafficking awareness (Part G); to
amend the executive law, in relation to reasonable accommodation (Part
H); and to amend the public health law, in relation to access to
reproductive services (Part I)
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12044-03-4
S. 7540 2
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. This act shall be known and may be cited as the "Women's
2 Equality act".
3 S 2. This act enacts into law major components of legislation which
4 are necessary to implement the "Women's Equality act." Each component
5 is wholly contained within a Part identified as Parts A through I. The
6 effective date for each particular provision contained within such Part
7 is set forth in the last section of such Part. Any provision in any
8 section contained within a Part, including the effective date of the
9 Part, which makes a reference to section "of this act", when used in
10 connection with that particular component, shall be deemed to mean and
11 refer to the corresponding section of the Part in which it is found.
12 Section four of this act sets forth the general effective date of this
13 act.
14 PART A
15 Section 1. Subdivision 1 of section 194 of the labor law, as added by
16 chapter 548 of the laws of 1966, is amended and three new subdivisions
17 2, 3 and 4 are added to read as follows:
18 1. No employee shall be paid a wage at a rate less than the rate at
19 which an employee of the opposite sex in the same establishment is paid
20 for equal work on a job the performance of which requires equal skill,
21 effort and responsibility, and which is performed under similar working
22 conditions, except where payment is made pursuant to a differential
23 based on:
24 a. a seniority system;
25 b. a merit system;
26 c. a system which measures earnings by quantity or quality of
27 production; or
28 d. [any other factor other than sex] A BONA FIDE FACTOR OTHER THAN
29 SEX, SUCH AS EDUCATION, TRAINING, OR EXPERIENCE. SUCH FACTOR: (I) SHALL
30 NOT BE BASED UPON OR DERIVED FROM A SEX-BASED DIFFERENTIAL IN COMPEN-
31 SATION AND (II) SHALL BE JOB-RELATED WITH RESPECT TO THE POSITION IN
32 QUESTION AND SHALL BE CONSISTENT WITH BUSINESS NECESSITY. SUCH EXCEPTION
33 UNDER THIS PARAGRAPH SHALL NOT APPLY WHEN THE EMPLOYEE DEMONSTRATES (A)
34 THAT AN EMPLOYER USES A PARTICULAR EMPLOYMENT PRACTICE THAT CAUSES A
35 DISPARATE IMPACT ON THE BASIS OF SEX, (B) THAT AN ALTERNATIVE EMPLOYMENT
36 PRACTICE EXISTS THAT WOULD SERVE THE SAME BUSINESS PURPOSE AND NOT
37 PRODUCE SUCH DIFFERENTIAL, AND (C) THAT THE EMPLOYER HAS REFUSED TO
38 ADOPT SUCH ALTERNATIVE PRACTICE.
39 2. FOR THE PURPOSE OF SUBDIVISION ONE OF THIS SECTION, "BUSINESS
40 NECESSITY" SHALL BE DEFINED AS A FACTOR THAT BEARS A MANIFEST RELATION-
41 SHIP TO THE EMPLOYMENT IN QUESTION.
42 3. FOR THE PURPOSES OF SUBDIVISION ONE OF THIS SECTION, EMPLOYEES
43 SHALL BE DEEMED TO WORK IN THE SAME ESTABLISHMENT IF THE EMPLOYEES WORK
44 FOR THE SAME EMPLOYER AT WORKPLACES LOCATED IN THE SAME GEOGRAPHICAL
45 REGION, NO LARGER THAN A COUNTY, TAKING INTO ACCOUNT POPULATION DISTRIB-
46 UTION, ECONOMIC ACTIVITY, AND/OR THE PRESENCE OF MUNICIPALITIES.
47 4. (A) NO EMPLOYER SHALL PROHIBIT AN EMPLOYEE FROM INQUIRING ABOUT,
48 DISCUSSING, OR DISCLOSING THE WAGES OF SUCH EMPLOYEE OR ANOTHER EMPLOY-
49 EE.
50 (B) AN EMPLOYER MAY, IN A WRITTEN POLICY PROVIDED TO ALL EMPLOYEES,
51 ESTABLISH REASONABLE WORKPLACE AND WORKDAY LIMITATIONS ON THE TIME,
S. 7540 3
1 PLACE AND MANNER FOR INQUIRES ABOUT, DISCUSSION OF, OR THE DISCLOSURE OF
2 WAGES. SUCH LIMITATIONS SHALL BE CONSISTENT WITH STANDARDS PROMULGATED
3 BY THE COMMISSIONER AND SHALL BE CONSISTENT WITH ALL OTHER STATE AND
4 FEDERAL LAWS. SUCH LIMITATIONS MAY INCLUDE PROHIBITING AN EMPLOYEE FROM
5 DISCUSSING OR DISCLOSING THE WAGES OF ANOTHER EMPLOYEE WITHOUT SUCH
6 EMPLOYEE'S PRIOR PERMISSION.
7 (C) NOTHING IN THIS SUBDIVISION SHALL REQUIRE AN EMPLOYEE TO DISCLOSE
8 HIS OR HER WAGES. THE FAILURE OF AN EMPLOYEE TO ADHERE TO SUCH REASON-
9 ABLE LIMITATIONS IN SUCH WRITTEN POLICY SHALL BE AN AFFIRMATIVE DEFENSE
10 TO ANY CLAIMS MADE AGAINST AN EMPLOYER UNDER THIS SUBDIVISION, PROVIDED
11 THAT ANY ADVERSE EMPLOYMENT ACTION TAKEN BY THE EMPLOYER WAS FOR FAILURE
12 TO ADHERE TO SUCH REASONABLE LIMITATIONS AND NOT FOR MERE INQUIRY,
13 DISCUSSION OR DISCLOSURE OF WAGES IN ACCORDANCE WITH SUCH REASONABLE
14 LIMITATIONS IN SUCH WRITTEN POLICY.
15 (D) THIS PROHIBITION SHALL NOT APPLY TO INSTANCES IN WHICH AN EMPLOYEE
16 WHO HAS ACCESS TO THE WAGE INFORMATION OF OTHER EMPLOYEES AS A PART OF
17 SUCH EMPLOYEE'S ESSENTIAL JOB FUNCTIONS DISCLOSES THE WAGES OF SUCH
18 OTHER EMPLOYEES TO INDIVIDUALS WHO DO NOT OTHERWISE HAVE ACCESS TO SUCH
19 INFORMATION, UNLESS SUCH DISCLOSURE IS IN RESPONSE TO A COMPLAINT OR
20 CHARGE, OR IN FURTHERANCE OF AN INVESTIGATION, PROCEEDING, HEARING, OR
21 ACTION UNDER THIS CHAPTER, INCLUDING AN INVESTIGATION CONDUCTED BY THE
22 EMPLOYER.
23 (E) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE RIGHTS OF
24 AN EMPLOYEE PROVIDED UNDER ANY OTHER PROVISION OF LAW OR COLLECTIVE
25 BARGAINING AGREEMENT.
26 S 2. Subdivision 1-a of section 198 of the labor law, as amended by
27 chapter 564 of the laws of 2010, is amended to read as follows:
28 1-a. On behalf of any employee paid less than the wage to which he or
29 she is entitled under the provisions of this article, the commissioner
30 may bring any legal action necessary, including administrative action,
31 to collect such claim and as part of such legal action, in addition to
32 any other remedies and penalties otherwise available under this article,
33 the commissioner shall assess against the employer the full amount of
34 any such underpayment, and an additional amount as liquidated damages,
35 unless the employer proves a good faith basis for believing that its
36 underpayment of wages was in compliance with the law. Liquidated damages
37 shall be calculated by the commissioner as no more than one hundred
38 percent of the total amount of wages found to be due, EXCEPT SUCH LIQUI-
39 DATED DAMAGES MAY BE UP TO THREE HUNDRED PERCENT OF THE TOTAL AMOUNT OF
40 THE WAGES FOUND TO BE DUE FOR A WILLFUL VIOLATION OF SECTION ONE HUNDRED
41 NINETY-FOUR OF THIS ARTICLE. In any action instituted in the courts upon
42 a wage claim by an employee or the commissioner in which the employee
43 prevails, the court shall allow such employee to recover the full amount
44 of any underpayment, all reasonable attorney's fees, prejudgment inter-
45 est as required under the civil practice law and rules, and, unless the
46 employer proves a good faith basis to believe that its underpayment of
47 wages was in compliance with the law, an additional amount as liquidated
48 damages equal to one hundred percent of the total amount of the wages
49 found to be due, EXCEPT SUCH LIQUIDATED DAMAGES MAY BE UP TO THREE
50 HUNDRED PERCENT OF THE TOTAL AMOUNT OF THE WAGES FOUND TO BE DUE FOR A
51 WILLFUL VIOLATION OF SECTION ONE HUNDRED NINETY-FOUR OF THIS ARTICLE.
52 S 3. The department of labor and the division of human rights shall
53 make training available to assist employers in developing training,
54 policies and procedures to address discrimination and harassment in the
55 workplace including, but not limited to issues relating to pregnancy,
56 familial status, pay equity and sexual harassment. Such training shall
S. 7540 4
1 take into account the needs of employers of various sizes. The depart-
2 ment and division shall make such training available through, including
3 but not limited to, online means. In developing such training materi-
4 als, the department and division shall afford the public an opportunity
5 to submit comments on such training.
6 S 4. This act shall take effect on the ninetieth day after it shall
7 have become a law; provided, however, that the commissioner of labor
8 shall take actions necessary to provide for the promulgation of stand-
9 ards pursuant to subdivision 4 of section 194 of the labor law, as added
10 by section one of this act, prior to this act taking effect; and
11 provided further, however, that the department of labor and division of
12 human rights shall take actions necessary to establish training pursuant
13 to section three of this act prior to this act taking effect.
14 PART B
15 Section 1. Subdivision 5 of section 292 of the executive law, as
16 amended by chapter 481 of the laws of 2010, is amended to read as
17 follows:
18 5. The term "employer" does not include any employer with fewer than
19 four persons in his or her employ except as set forth in section two
20 hundred ninety-six-b of this [title] ARTICLE, PROVIDED, HOWEVER, THAT IN
21 THE CASE OF AN ACTION FOR DISCRIMINATION BASED ON SEX PURSUANT TO SUBDI-
22 VISION ONE OF SECTION TWO HUNDRED NINETY-SIX OF THIS ARTICLE, WITH
23 RESPECT TO SEXUAL HARASSMENT ONLY, THE TERM "EMPLOYER" SHALL INCLUDE ALL
24 EMPLOYERS WITHIN THE STATE.
25 S 2. This act shall take effect on the ninetieth day after it shall
26 have become a law.
27 PART C
28 Section 1. Subdivision 10 of section 297 of the executive law, as
29 added by section 17 of part D of chapter 405 of the laws of 1999, is
30 amended to read as follows:
31 10. With respect to ALL cases of HOUSING DISCRIMINATION AND housing
32 RELATED CREDIT discrimination [only] in an action or proceeding at law
33 under this section or section two hundred ninety-eight of this article,
34 the commissioner or the court may in its discretion award reasonable
35 attorney's fees to any prevailing or substantially prevailing party; AND
36 WITH RESPECT TO A CLAIM OF EMPLOYMENT OR CREDIT DISCRIMINATION WHERE SEX
37 IS A BASIS OF SUCH DISCRIMINATION, IN AN ACTION OR PROCEEDING AT LAW
38 UNDER THIS SECTION OR SECTION TWO HUNDRED NINETY-EIGHT OF THIS ARTICLE,
39 THE COMMISSIONER OR THE COURT MAY IN ITS DISCRETION AWARD REASONABLE
40 ATTORNEY'S FEES ATTRIBUTABLE TO SUCH CLAIM TO ANY PREVAILING PARTY;
41 provided, however, that a prevailing respondent or defendant in order to
42 recover such reasonable attorney's fees must make a motion requesting
43 such fees and show that the action or proceeding brought was frivolous;
44 and further provided that in a proceeding brought in the division of
45 human rights, the commissioner may only award attorney's fees as part of
46 a final order after a public hearing held pursuant to subdivision four
47 of this section. In no case shall attorney's fees be awarded to the
48 division, nor shall the division be liable to a prevailing or substan-
49 tially prevailing party for attorney's fees, except in a case in which
50 the division is a party to the action or the proceeding in the divi-
51 sion's capacity as an employer. IN CASES OF EMPLOYMENT DISCRIMINATION,
52 A RESPONDENT SHALL ONLY BE LIABLE FOR ATTORNEY'S FEES UNDER THIS SUBDI-
S. 7540 5
1 VISION IF THE RESPONDENT HAS BEEN FOUND LIABLE FOR HAVING COMMITTED AN
2 UNLAWFUL DISCRIMINATORY PRACTICE. In order to find the action or
3 proceeding to be frivolous, the court or the commissioner must find in
4 writing one or more of the following:
5 (a) the action or proceeding was commenced, used or continued in bad
6 faith, solely to delay or prolong the resolution of the litigation or to
7 harass or maliciously injure another; or
8 (b) the action or proceeding was commenced or continued in bad faith
9 without any reasonable basis and could not be supported by a good faith
10 argument for an extension, modification or reversal of existing law. If
11 the action or proceeding was promptly discontinued when the party or
12 attorney learned or should have learned that the action or proceeding
13 lacked such a reasonable basis, the court may find that the party or the
14 attorney did not act in bad faith.
15 S 2. Paragraph c of subdivision 7 of section 296-a of the executive
16 law, as amended by chapter 632 of the laws of 1976, is amended to read
17 as follows:
18 c. If the superintendent finds that a violation of this section has
19 occurred, the superintendent shall issue an order which shall do one or
20 more of the following:
21 (1) impose a fine in an amount not to exceed ten thousand dollars for
22 each violation, to be paid to the people of the state of New York;
23 (2) award compensatory damages to the person aggrieved by such
24 violation;
25 (3) FOR A CLAIM OF SEX DISCRIMINATION ONLY, AWARD REASONABLE ATTOR-
26 NEY'S FEES ATTRIBUTABLE TO SUCH CLAIM TO ANY PREVAILING PARTY; PROVIDED,
27 HOWEVER, THAT A PREVAILING RESPONDENT OR DEFENDANT IN ORDER TO RECOVER
28 SUCH REASONABLE ATTORNEY'S FEES MUST MAKE A MOTION REQUESTING SUCH FEES
29 AND SHOW THAT THE ACTION OR PROCEEDING BROUGHT WAS FRIVOLOUS. IN NO CASE
30 SHALL ATTORNEY'S FEES BE AWARDED TO THE DEPARTMENT, NOR SHALL THE
31 DEPARTMENT BE LIABLE TO A PREVAILING PARTY FOR ATTORNEY'S FEES. IN ORDER
32 TO FIND THE ACTION OR PROCEEDING TO BE FRIVOLOUS, THE SUPERINTENDENT
33 MUST FIND IN WRITING ONE OR MORE OF THE FOLLOWING:
34 (A) THE ACTION OR PROCEEDING WAS COMMENCED, USED OR CONTINUED IN BAD
35 FAITH, SOLELY TO DELAY OR PROLONG THE RESOLUTION OF THE LITIGATION OR TO
36 HARASS OR MALICIOUSLY INJURE ANOTHER; OR
37 (B) THE ACTION OR PROCEEDING WAS COMMENCED OR CONTINUED IN BAD FAITH
38 WITHOUT ANY REASONABLE BASIS AND COULD NOT BE SUPPORTED BY A GOOD FAITH
39 ARGUMENT FOR AN EXTENSION, MODIFICATION OR REVERSAL OF EXISTING LAW. IF
40 THE ACTION OR PROCEEDING WAS PROMPTLY DISCONTINUED WHEN THE PARTY OR
41 ATTORNEY LEARNED OR SHOULD HAVE LEARNED THAT THE ACTION OR PROCEEDING
42 LACKED SUCH A REASONABLE BASIS, THE COURT MAY FIND THAT THE PARTY OR THE
43 ATTORNEY DID NOT ACT IN BAD FAITH.
44 (4) require the regulated creditor to cease and desist from such
45 unlawful discriminatory practices;
46 [(4)] (5) require the regulated creditor to take such further affirma-
47 tive action as will effectuate the purposes of this section, including,
48 but not limited to, granting the credit which was the subject of the
49 complaint.
50 S 3. This act shall take effect on the ninetieth day after it shall
51 have become a law, and shall apply to actions commenced on or after such
52 date.
53 PART D
S. 7540 6
1 Section 1. Subdivisions 1 and 1-a of section 296 of the executive law,
2 as amended by chapter 803 of the laws of 1975, paragraph (a) of subdivi-
3 sion 1 as amended by chapter 80 of the laws of 2009, paragraphs (b), (c)
4 and (d) of subdivision 1 as amended by chapter 75 of the laws of 2005,
5 paragraph (e) of subdivision 1 as amended by chapter 166 of the laws of
6 2000, paragraph (g) of subdivision 1 as added by chapter 98 of the laws
7 of 1984 and paragraphs (b), (c) and (d) of subdivision 1-a as amended by
8 chapter 106 of the laws of 2003, are amended to read as follows:
9 1. It shall be an unlawful discriminatory practice:
10 (a) For an employer or licensing agency, because of an individual's
11 age, race, creed, color, national origin, sexual orientation, military
12 status, sex, disability, predisposing genetic characteristics, FAMILIAL
13 STATUS, marital status, or domestic violence victim status, to refuse to
14 hire or employ or to bar or to discharge from employment such individual
15 or to discriminate against such individual in compensation or in terms,
16 conditions or privileges of employment.
17 (b) For an employment agency to discriminate against any individual
18 because of age, race, creed, color, national origin, sexual orientation,
19 military status, sex, disability, predisposing genetic characteristics,
20 FAMILIAL STATUS, or marital status, in receiving, classifying, disposing
21 or otherwise acting upon applications for its services or in referring
22 an applicant or applicants to an employer or employers.
23 (c) For a labor organization, because of the age, race, creed, color,
24 national origin, sexual orientation, military status, sex, disability,
25 predisposing genetic characteristics, FAMILIAL STATUS, or marital status
26 of any individual, to exclude or to expel from its membership such indi-
27 vidual or to discriminate in any way against any of its members or
28 against any employer or any individual employed by an employer.
29 (d) For any employer or employment agency to print or circulate or
30 cause to be printed or circulated any statement, advertisement or publi-
31 cation, or to use any form of application for employment or to make any
32 inquiry in connection with prospective employment, which expresses
33 directly or indirectly, any limitation, specification or discrimination
34 as to age, race, creed, color, national origin, sexual orientation,
35 military status, sex, disability, predisposing genetic characteristics,
36 FAMILIAL STATUS, or marital status, or any intent to make any such limi-
37 tation, specification or discrimination, unless based upon a bona fide
38 occupational qualification; provided, however, that neither this para-
39 graph nor any provision of this chapter or other law shall be construed
40 to prohibit the department of civil service or the department of person-
41 nel of any city containing more than one county from requesting informa-
42 tion from applicants for civil service examinations concerning any of
43 the aforementioned characteristics, other than sexual orientation, for
44 the purpose of conducting studies to identify and resolve possible prob-
45 lems in recruitment and testing of members of minority groups to insure
46 the fairest possible and equal opportunities for employment in the civil
47 service for all persons, regardless of age, race, creed, color, national
48 origin, sexual orientation, military status, sex, disability, predispos-
49 ing genetic characteristics, FAMILIAL STATUS, or marital status.
50 (e) For any employer, labor organization or employment agency to
51 discharge, expel or otherwise discriminate against any person because he
52 or she has opposed any practices forbidden under this article or because
53 he or she has filed a complaint, testified or assisted in any proceeding
54 under this article.
S. 7540 7
1 (f) Nothing in this subdivision shall affect any restrictions upon the
2 activities of persons licensed by the state liquor authority with
3 respect to persons under twenty-one years of age.
4 (g) For an employer to compel an employee who is pregnant to take a
5 leave of absence, unless the employee is prevented by such pregnancy
6 from performing the activities involved in the job or occupation in a
7 reasonable manner.
8 1-a. It shall be an unlawful discriminatory practice for an employer,
9 labor organization, employment agency or any joint labor-management
10 committee controlling apprentice training programs:
11 (a) To select persons for an apprentice training program registered
12 with the state of New York on any basis other than their qualifications,
13 as determined by objective criteria which permit review;
14 (b) To deny to or withhold from any person because of race, creed,
15 color, national origin, sexual orientation, military status, sex, age,
16 disability, FAMILIAL STATUS, or marital status, the right to be admitted
17 to or participate in a guidance program, an apprenticeship training
18 program, on-the-job training program, executive training program, or
19 other occupational training or retraining program;
20 (c) To discriminate against any person in his or her pursuit of such
21 programs or to discriminate against such a person in the terms, condi-
22 tions or privileges of such programs because of race, creed, color,
23 national origin, sexual orientation, military status, sex, age, disabil-
24 ity, FAMILIAL STATUS or marital status;
25 (d) To print or circulate or cause to be printed or circulated any
26 statement, advertisement or publication, or to use any form of applica-
27 tion for such programs or to make any inquiry in connection with such
28 program which expresses, directly or indirectly, any limitation, spec-
29 ification or discrimination as to race, creed, color, national origin,
30 sexual orientation, military status, sex, age, disability, FAMILIAL
31 STATUS or marital status, or any intention to make any such limitation,
32 specification or discrimination, unless based on a bona fide occupa-
33 tional qualification.
34 S 2. Paragraph (a) of subdivision 9 of section 296 of the executive
35 law, as amended by chapter 106 of the laws of 2003, is amended to read
36 as follows:
37 (a) It shall be an unlawful discriminatory practice for any fire
38 department or fire company therein, through any member or members there-
39 of, officers, board of fire commissioners or other body or office having
40 power of appointment of volunteer firefighters, directly or indirectly,
41 by ritualistic practice, constitutional or by-law prescription, by tacit
42 agreement among its members, or otherwise, to deny to any individual
43 membership in any volunteer fire department or fire company therein, or
44 to expel or discriminate against any volunteer member of a fire depart-
45 ment or fire company therein, because of the race, creed, color,
46 national origin, sexual orientation, military status, sex [or], marital
47 status, OR FAMILIAL STATUS, of such individual.
48 S 3. Subdivision 13 of section 296 of the executive law, as amended by
49 chapter 196 of the laws of 2010, is amended to read as follows:
50 13. It shall be an unlawful discriminatory practice (i) for any person
51 to boycott or blacklist, or to refuse to buy from, sell to or trade
52 with, or otherwise discriminate against any person, because of the race,
53 creed, color, national origin, sexual orientation, military status, sex,
54 [or] disability, OR FAMILIAL STATUS, of such person, or of such person's
55 partners, members, stockholders, directors, officers, managers, super-
56 intendents, agents, employees, business associates, suppliers or custom-
S. 7540 8
1 ers, or (ii) for any person wilfully to do any act or refrain from doing
2 any act which enables any such person to take such action. This subdivi-
3 sion shall not apply to:
4 (a) Boycotts connected with labor disputes; or
5 (b) Boycotts to protest unlawful discriminatory practices.
6 S 4. This act shall take effect on the ninetieth day after it shall
7 have become a law.
8 PART E
9 Section 1. The real property law is amended by adding a new section
10 227-d to read as follows:
11 S 227-D. DISCRIMINATION BASED ON DOMESTIC VIOLENCE STATUS; PROHIBITED.
12 1. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, A PERSON IS A "DOMES-
13 TIC VIOLENCE VICTIM" AND POSSESSES "DOMESTIC VIOLENCE VICTIM STATUS" IF
14 SUCH PERSON IS OR HAS BEEN, OR IS A PARENT ACCOMPANIED BY A MINOR CHILD
15 OR CHILDREN WHO IS OR HAS BEEN, IN A SITUATION IN WHICH SUCH PERSON OR
16 CHILD IS A VICTIM OF AN ACT THAT WOULD CONSTITUTE A VIOLENT FELONY
17 OFFENSE AS ENUMERATED IN SECTION 70.02 OF THE PENAL LAW, OR A FAMILY
18 OFFENSE AS ENUMERATED IN SUBDIVISION ONE OF SECTION EIGHT HUNDRED TWELVE
19 OF THE FAMILY COURT ACT, AND SUCH ACT IS ALLEGED TO HAVE BEEN COMMITTED
20 BY A MEMBER OF THE SAME FAMILY OR HOUSEHOLD, AS DEFINED IN SUBDIVISION
21 ONE OF SECTION EIGHT HUNDRED TWELVE OF THE FAMILY COURT ACT.
22 2. DISCRIMINATION BASED ON DOMESTIC VIOLENCE VICTIM STATUS PROHIBITED.
23 (A) NO PERSON, FIRM OR CORPORATION OWNING OR MANAGING ANY BUILDING USED
24 FOR DWELLING PURPOSES, OR THE AGENT OF SUCH PERSON, FIRM OR CORPORATION,
25 SHALL, BECAUSE OF SUCH PERSON'S OR FAMILY MEMBER'S DOMESTIC VIOLENCE
26 VICTIM STATUS, (1) REFUSE TO RENT A RESIDENTIAL UNIT TO ANY PERSON OR
27 FAMILY, WHEN, BUT FOR SUCH STATUS, RENTAL WOULD NOT HAVE BEEN REFUSED,
28 (2) DISCRIMINATE IN THE TERMS, CONDITIONS, OR PRIVILEGES OF ANY SUCH
29 RENTAL, WHEN, BUT FOR SUCH STATUS, SUCH DISCRIMINATION WOULD NOT HAVE
30 OCCURRED, OR (3) PRINT OR CIRCULATE, OR CAUSE TO BE PRINTED OR CIRCU-
31 LATED, ANY STATEMENT, ADVERTISEMENT OR PUBLICATION WHICH EXPRESSES,
32 DIRECTLY OR INDIRECTLY, ANY LIMITATION, SPECIFICATION, OR DISCRIMI-
33 NATION. A VIOLATION OF THIS SUBDIVISION SHALL BE A MISDEMEANOR AND, ON
34 CONVICTION THEREOF, SHALL BE PUNISHED BY A FINE OF NOT LESS THAN ONE
35 THOUSAND DOLLARS AND NOT MORE THAN TWO THOUSAND DOLLARS FOR EACH
36 OFFENSE; PROVIDED, HOWEVER, THAT IT SHALL BE A DEFENSE THAT SUCH PERSON,
37 FIRM, CORPORATION OR AGENT REFUSED TO RENT A RESIDENTIAL UNIT ON ANY
38 OTHER LAWFUL GROUND.
39 (B) CIVIL LIABILITY: (1) WHERE DISCRIMINATORY CONDUCT PROHIBITED BY
40 THIS SUBDIVISION HAS OCCURRED, SUCH PERSON OR FAMILY SHALL HAVE A CAUSE
41 OF ACTION IN ANY COURT OF APPROPRIATE JURISDICTION FOR COMPENSATORY AND
42 PUNITIVE DAMAGES, WITH SUCH PUNITIVE DAMAGES NOT EXCEEDING TWO THOUSAND
43 DOLLARS FOR EACH OFFENSE, AND DECLARATORY AND INJUNCTIVE RELIEF; AND (2)
44 IN ALL ACTIONS BROUGHT UNDER THIS SECTION, REASONABLE ATTORNEYS' FEES AS
45 DETERMINED BY THE COURT MAY BE AWARDED TO A PREVAILING PARTY, PROVIDED,
46 HOWEVER, THAT A PREVAILING DEFENDANT IN ORDER TO RECOVER SUCH REASONABLE
47 ATTORNEYS' FEES MUST MAKE A MOTION REQUESTING SUCH FEES AND SHOW THAT
48 THE ACTION OR PROCEEDING BROUGHT WAS FRIVOLOUS. IN ORDER TO FIND THE
49 ACTION OR PROCEEDING TO BE FRIVOLOUS, THE COURT MUST FIND ONE OR MORE OF
50 THE FOLLOWING: (I) THE ACTION WAS COMMENCED, USED OR CONTINUED IN BAD
51 FAITH, SOLELY TO DELAY OR PROLONG THE RESOLUTION OF THE LITIGATION OR TO
52 HARASS OR MALICIOUSLY INJURE ANOTHER; OR (II) THE ACTION WAS COMMENCED
53 OR CONTINUED IN BAD FAITH WITHOUT ANY REASONABLE BASIS AND COULD NOT BE
54 SUPPORTED BY A GOOD FAITH ARGUMENT FOR AN EXTENSION, MODIFICATION OR
S. 7540 9
1 REVERSAL OF EXISTING LAW. IF THE ACTION OR PROCEEDING WAS PROMPTLY
2 DISCONTINUED WHEN THE PARTY OR ATTORNEY LEARNED OR SHOULD HAVE LEARNED
3 THAT THE ACTION OR PROCEEDING LACKED SUCH A REASONABLE BASIS, THE COURT
4 MAY FIND THAT THE PARTY OR THE ATTORNEY DID NOT ACT IN BAD FAITH.
5 (C) NOTHING IN THIS SECTION SHALL BE CONSTRUED AS LIMITING THE ABILITY
6 OF A PERSON, FIRM OR CORPORATION OWNING OR MANAGING A BUILDING USED FOR
7 DWELLING PURPOSES, OR THE AGENT OF SUCH PERSON, FIRM OR CORPORATION,
8 FROM APPLYING REASONABLE STANDARDS NOT BASED ON OR DERIVED FROM DOMESTIC
9 VIOLENCE VICTIM STATUS IN DETERMINING THE ELIGIBILITY OF A PERSON OR
10 FAMILY SEEKING TO RENT A RESIDENTIAL UNIT.
11 (D) THIS SECTION SHALL NOT APPLY TO BUILDINGS USED FOR DWELLING
12 PURPOSES THAT ARE OWNER OCCUPIED AND HAVE TWO OR FEWER RESIDENTIAL
13 UNITS.
14 3. A PERSON, FIRM, OR CORPORATION OWNING OR MANAGING A BUILDING USED
15 FOR DWELLING PURPOSES OR AGENT OF SUCH PERSON, FIRM OR CORPORATION SHALL
16 NOT BE CIVILLY LIABLE TO OTHER TENANTS, GUESTS, INVITEES, OR LICENSEES
17 ARISING FROM REASONABLE AND GOOD FAITH EFFORTS TO COMPLY WITH THIS
18 SECTION.
19 4. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS PROHIBITING A PERSON,
20 FIRM OR CORPORATION OWNING OR MANAGING A BUILDING USED FOR DWELLING
21 PURPOSES, OR THE AGENT OF SUCH PERSON, FIRM OR CORPORATION, FROM:
22 (A) PROVIDING OR PRESERVING A RENTAL PREFERENCE IN ANY PUBLIC OR
23 PRIVATE HOUSING FOR VICTIMS OF DOMESTIC VIOLENCE;
24 (B) PROVIDING ANY OTHER ASSISTANCE TO VICTIMS OF DOMESTIC VIOLENCE IN
25 OBTAINING OR RETAINING ANY PUBLIC OR PRIVATE HOUSING; OR
26 (C) RESPONDING TO AN INQUIRY OR REQUEST BY AN APPLICANT, TENANT, OR
27 LEASEHOLDER WHO IS A VICTIM OF DOMESTIC VIOLENCE.
28 5. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS PROHIBITING A MUNICI-
29 PALITY FROM RETAINING OR PROMULGATING LOCAL LAWS OR ORDINANCES IMPOSING
30 ADDITIONAL OR ENHANCED PROTECTIONS PROHIBITING DISCRIMINATION AGAINST
31 VICTIMS OF DOMESTIC VIOLENCE.
32 6. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS LIMITING, DIMINISH-
33 ING, OR OTHERWISE AFFECTING ANY RIGHTS UNDER EXISTING LAW.
34 S 2. The real property actions and proceedings law is amended by
35 adding a new section 744 to read as follows:
36 S 744. EVICTION BASED ON DOMESTIC VIOLENCE VICTIM STATUS PROHIBITED.
37 1. A TENANT SHALL NOT BE REMOVED FROM POSSESSION OF A RESIDENTIAL UNIT
38 PURSUANT TO THIS ARTICLE BECAUSE OF SUCH PERSON'S DOMESTIC VIOLENCE
39 VICTIM STATUS, AS DEFINED IN SECTION TWO HUNDRED TWENTY-SEVEN-D OF THE
40 REAL PROPERTY LAW. IT SHALL BE A DEFENSE TO A PROCEEDING TO RECOVER
41 POSSESSION OF A RESIDENTIAL UNIT THAT A LANDLORD SEEKS SUCH RECOVERY
42 BECAUSE OF A PERSON'S DOMESTIC VIOLENCE VICTIM STATUS, AND THAT, BUT FOR
43 SUCH STATUS, THE LANDLORD WOULD NOT SEEK TO RECOVER POSSESSION. A LAND-
44 LORD MAY REBUT SUCH DEFENSE BY SHOWING THAT HE OR SHE SEEKS TO RECOVER
45 POSSESSION OF A RESIDENTIAL UNIT BECAUSE OF ANY OTHER LAWFUL GROUND.
46 2. NOTHING IN THIS SECTION SHALL RESTRICT A LANDLORD'S LEGAL RIGHTS TO
47 RECOVER POSSESSION OF A RESIDENTIAL UNIT ON GROUNDS NOT BASED ON OR
48 DERIVED FROM DOMESTIC VIOLENCE VICTIM STATUS.
49 3. A LANDLORD SHALL NOT BE CIVILLY LIABLE TO OTHER TENANTS, GUESTS,
50 INVITEES, OR LICENSEES ARISING FROM REASONABLE AND GOOD FAITH EFFORTS TO
51 COMPLY WITH THIS SECTION.
52 4. THIS SECTION SHALL NOT APPLY TO BUILDINGS USED FOR DWELLING
53 PURPOSES THAT ARE OWNER OCCUPIED AND HAVE TWO OR FEWER RESIDENTIAL
54 UNITS.
55 S 3. There is hereby established a task force to study the impact of
56 source of income on access to housing including, but not limited to, any
S. 7540 10
1 sex-based impact. The task force shall consist of the following members
2 as appointed by the governor: (1) two members of the governor's cabinet;
3 (2) two experts on housing policy representing the needs of both land-
4 lords and tenants; (3) two members who are local government officials,
5 who shall each represent different geographical regions within the
6 state; (4) two members on the recommendation of the temporary president
7 of the senate; and (5) two members on the recommendation of the speaker
8 of the assembly. The governor shall designate a chair of the task force
9 from amongst such appointees. The task force shall meet as often as is
10 appropriate under circumstances necessary to fulfill its duties under
11 this section. The task force shall (a) review the Section 8 Housing
12 Choice Voucher Administrative Plan and, if necessary, recommend modifi-
13 cations to increase the participation of landlords and property owners,
14 which may include, but shall not be limited to: expanding the portabil-
15 ity of Section 8 vouchers, including as may be appropriate for domestic
16 violence victims; creating a state-sponsored special-purpose mobility
17 counseling program; enhancing means of connecting voucher holders to
18 approved landlords; and eliminating delays in housing quality standard
19 inspections; and (b) review other current policies and laws and, if
20 necessary, recommend modifications to improve access to quality and
21 affordable housing. The task force shall submit its report and recommen-
22 dations to the governor, the temporary president of the senate, and the
23 speaker of the assembly on January 15, 2015.
24 S 4. This act shall take effect on the ninetieth day after it shall
25 have become a law.
26 PART F
27 Section 1. Section 153-c of the family court act, as added by chapter
28 416 of the laws of 1981, is amended to read as follows:
29 S 153-c. Temporary order of protection. (A) Any person appearing at
30 family court when the court is open requesting a temporary order of
31 protection under any article of this act shall be entitled to file a
32 petition without delay on the same day such person first appears at the
33 family court, and a hearing on that request shall be held on the same
34 day or the next day that the family court is open following the filing
35 of such petition.
36 (B) AS PROVIDED IN THIS SECTION, THE CHIEF ADMINISTRATOR OF THE
37 COURTS, WITH THE APPROVAL OF THE ADMINISTRATIVE BOARD OF THE COURTS, MAY
38 PROMULGATE RULES TO ESTABLISH AND IMPLEMENT A PILOT PROGRAM FOR THE
39 FILING OF PETITIONS FOR TEMPORARY ORDERS OF PROTECTION BY ELECTRONIC
40 MEANS AND FOR THE ISSUANCE OF SUCH ORDERS EX PARTE BY AUDIO-VISUAL MEANS
41 IN ORDER TO ACCOMMODATE LITIGANTS FOR WHOM ATTENDANCE AT COURT TO FILE
42 FOR, AND OBTAIN, EMERGENCY RELIEF WOULD CONSTITUTE AN UNDUE HARDSHIP OR
43 TO ACCOMMODATE LITIGANTS, FOR WHOM TRAVELING TO AND APPEARING IN THE
44 COURTHOUSE TO OBTAIN EMERGENCY RELIEF, CREATES A RISK OF HARM TO SUCH
45 LITIGANT.
46 (1) DEFINITIONS. AS USED IN THIS SECTION:
47 (I) "ELECTRONIC MEANS" MEANS ANY METHOD OF TRANSMISSION OF INFORMATION
48 BETWEEN COMPUTERS OR OTHER MACHINES DESIGNED FOR THE PURPOSE OF SENDING
49 AND RECEIVING SUCH TRANSMISSIONS, AND WHICH ALLOWS THE RECIPIENT TO
50 REPRODUCE THE INFORMATION TRANSMITTED IN A TANGIBLE MEDIUM OF
51 EXPRESSION.
52 (II) "INDEPENDENT AUDIO-VISUAL SYSTEM" MEANS AN ELECTRONIC SYSTEM FOR
53 THE TRANSMISSION AND RECEIVING OF AUDIO AND VISUAL SIGNALS, ENCOMPASSING
54 ENCODED SIGNALS, FREQUENCY DOMAIN MULTIPLEXING OR OTHER SUITABLE MEANS
S. 7540 11
1 TO PRECLUDE THE UNAUTHORIZED RECEPTION AND DECODING OF THE SIGNALS BY
2 COMMERCIALLY AVAILABLE TELEVISION RECEIVERS, CHANNEL CONVERTERS, OR
3 OTHER AVAILABLE RECEIVING DEVICES.
4 (III) "ELECTRONIC APPEARANCE" MEANS AN APPEARANCE IN WHICH ONE OR MORE
5 OF THE PARTIES ARE NOT PRESENT IN THE COURT, BUT IN WHICH, BY MEANS OF
6 AN INDEPENDENT AUDIO-VISUAL SYSTEM, ALL OF THE PARTICIPANTS ARE SIMUL-
7 TANEOUSLY ABLE TO SEE AND HEAR REPRODUCTIONS OF THE VOICES AND IMAGES OF
8 THE JUDGE, COUNSEL, PARTIES, WITNESSES, IF ANY AND OTHER PARTICIPANTS.
9 (2) DEVELOPMENT OF A PILOT PROGRAM. A PLAN FOR A PILOT PROGRAM PURSU-
10 ANT TO THIS SECTION SHALL BE DEVELOPED BY THE CHIEF ADMINISTRATOR OF THE
11 COURTS OR HIS OR HER DELEGATE IN CONSULTATION WITH ONE OR MORE LOCAL
12 PROGRAMS PROVIDING ASSISTANCE TO VICTIMS OF DOMESTIC VIOLENCE, THE
13 OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE, AND ATTORNEYS WHO REPRE-
14 SENT FAMILY OFFENSE PETITIONS. THE PLAN SHALL INCLUDE, BUT IS NOT
15 LIMITED TO:
16 (I) IDENTIFICATION OF ONE OR MORE FAMILY JUSTICE CENTERS OR ORGANIZA-
17 TIONS OR AGENCIES OR OTHER SITES OUTSIDE OF THE LOCAL FAMILY COURT THAT
18 ARE EQUIPPED WITH, OR HAVE ACCESS TO, AN INDEPENDENT AUDIO-VISUAL SYSTEM
19 AND ELECTRONIC MEANS FOR FILING DOCUMENTS THAT ARE COMPATIBLE WITH THE
20 EQUIPMENT IN THE LOCAL FAMILY COURT, WITH CONSIDERATION GIVEN TO THE
21 LOCATION OF SUCH SITE OR SITES AND AVAILABLE RESOURCES; AND
22 (II) IDENTIFICATION OF ONE OR MORE LICENSED AND CERTIFIED ORGANIZA-
23 TIONS, AGENCIES OR ENTITIES WITH ADVOCATES FOR VICTIMS OF DOMESTIC
24 VIOLENCE WHO ARE TRAINED, AND AVAILABLE TO ASSIST PETITIONERS IN PREPAR-
25 ING AND FILING PETITIONS FOR TEMPORARY ORDERS OF PROTECTION AND IN THEIR
26 ELECTRONIC APPEARANCES BEFORE THE FAMILY COURT TO OBTAIN SUCH ORDERS;
27 AND
28 (III) IDENTIFICATION OF THE EXISTING RESOURCES AVAILABLE IN LOCAL
29 FAMILY COURTS FOR THE IMPLEMENTATION AND OVERSIGHT OF THE PILOT PROGRAM;
30 AND
31 (IV) DELINEATION OF PROCEDURES FOR FILING OF THE PETITIONS AND DOCU-
32 MENTS, IF ANY, BY ELECTRONIC MEANS, SWEARING IN THE PETITIONERS AND ANY
33 WITNESSES, PREPARATION OF A VERBATIM TRANSCRIPTION OF TESTIMONY
34 PRESENTED AND A RECORD OF EVIDENCE ADDUCED AND PROMPT TRANSMISSION OF
35 ANY ORDERS ISSUED TO THE PETITIONERS; AND
36 (V) A TIMETABLE FOR IMPLEMENTATION OF THE PILOT PROGRAM AND PLAN FOR
37 INFORMING THE PUBLIC OF ITS AVAILABILITY; AND
38 (VI) A DESCRIPTION OF DATA TO BE COLLECTED IN ORDER TO EVALUATE AND,
39 IF NECESSARY, MAKE RECOMMENDATIONS FOR IMPROVEMENTS TO THE PILOT
40 PROGRAM.
41 (3) FILING BY ELECTRONIC MEANS. IN CONJUNCTION WITH AN ELECTRONIC
42 APPEARANCE UNDER THIS SECTION, PETITIONERS FOR EX PARTE TEMPORARY ORDERS
43 OF PROTECTION MAY, WITH THE ASSISTANCE OF TRAINED ADVOCATES, COMMENCE
44 THE PROCEEDINGS BY FILING PETITIONS BY ELECTRONIC MEANS.
45 (I) A PETITIONER WHO SEEKS A TEMPORARY ORDER OF PROTECTION EX PARTE BY
46 USE OF AN ELECTRONIC APPEARANCE MUST FILE A PETITION IN ADVANCE OF SUCH
47 APPEARANCE AND MAY DO SO BY ELECTRONIC MEANS. THE PETITIONER SHALL SET
48 FORTH THE CIRCUMSTANCES IN WHICH TRAVELING TO OR APPEARING IN THE COURT-
49 HOUSE WOULD CONSTITUTE AN UNDUE HARDSHIP, OR CREATE A RISK OF HARM TO
50 THE PETITIONER. IN GRANTING OR DENYING THE RELIEF SOUGHT BY THE PETI-
51 TIONER, THE COURT SHALL STATE THE NAMES OF ALL PARTICIPANTS, AND WHETHER
52 IT IS GRANTING OR DENYING AN APPEARANCE BY ELECTRONIC MEANS AND THE
53 BASIS FOR SUCH DETERMINATION; PROVIDED, HOWEVER, THAT NOTHING IN THIS
54 SECTION SHALL BE CONSTRUED TO COMPEL A PARTY TO FILE A PETITION OR OTHER
55 DOCUMENT BY ELECTRONIC MEANS OR TO TESTIFY BY MEANS OF AN ELECTRONIC
56 APPEARANCE.
S. 7540 12
1 (II) NOTHING IN THIS SECTION SHALL AFFECT OR CHANGE ANY EXISTING LAWS
2 GOVERNING THE SERVICE OF PROCESS, INCLUDING REQUIREMENTS FOR PERSONAL
3 SERVICE, OR THE SEALING AND CONFIDENTIALITY OF COURT RECORDS IN FAMILY
4 COURT PROCEEDINGS, OR ACCESS TO COURT RECORDS BY THE PARTIES TO SUCH
5 PROCEEDINGS.
6 (4) (I) ALL ELECTRONIC APPEARANCES BY PETITIONERS SEEKING TEMPORARY
7 ORDERS OF PROTECTION EX PARTE UNDER THIS SECTION SHALL BE STRICTLY
8 VOLUNTARY AND THE CONSENT OF SUCH PETITIONERS SHALL BE GIVEN ON THE
9 RECORD AT THE COMMENCEMENT OF EACH APPEARANCE.
10 (II) APPEARANCES TAKEN THROUGH THE USE OF AN ELECTRONIC APPEARANCE
11 UNDER THIS SECTION SHALL BE RECORDED AND PRESERVED FOR TRANSCRIPTION.
12 DOCUMENTARY EVIDENCE, IF ANY, REFERRED TO BY A PARTY OR WITNESS OR THE
13 COURT MAY BE TRANSMITTED AND SUBMITTED AND INTRODUCED BY ELECTRONIC
14 MEANS.
15 S 2. Subdivision 2 of section 212 of the judiciary law is amended by
16 adding a new paragraph (t) to read as follows:
17 (T) HAVE THE POWER TO ESTABLISH PILOT PROGRAMS FOR THE FILING OF
18 PETITIONS FOR TEMPORARY ORDERS OF PROTECTION BY ELECTRONIC MEANS AND FOR
19 THE ISSUANCE OF SUCH ORDERS BY AUDIO-VISUAL MEANS PURSUANT TO SUBDIVI-
20 SION (B) OF SECTION ONE HUNDRED FIFTY-THREE-C OF THE FAMILY COURT ACT.
21 THE CHIEF ADMINISTRATOR SHALL MAINTAIN AN UP-TO-DATE AND PUBLICLY-AVAIL-
22 ABLE LISTING OF THE SITES, IF ANY, AT WHICH SUCH APPLICATIONS FOR EX
23 PARTE TEMPORARY ORDERS OF PROTECTION MAY BE FILED, AND AT WHICH ELEC-
24 TRONIC APPEARANCES IN SUPPORT OF SUCH APPLICATIONS MAY BE SOUGHT, IN
25 ACCORDANCE WITH SUCH SECTION ONE HUNDRED FIFTY-THREE-C OF THE FAMILY
26 COURT ACT. IN DEVELOPING SUCH PILOT PROGRAM, THE CHIEF ADMINISTRATOR
27 SHALL STRIVE FOR A PROGRAM THAT IS REGIONALLY DIVERSE, AND TAKES INTO
28 CONSIDERATION, AMONG OTHER THINGS, THE AVAILABILITY OF PUBLIC TRANSPOR-
29 TATION, POPULATION DENSITY AND THE AVAILABILITY OF FACILITIES FOR
30 CONDUCTING SUCH PROGRAM.
31 S 3. Section 648 of the executive law, as added by chapter 893 of the
32 laws of 1986, is amended to read as follows:
33 S 648. Review; report and implementation. 1. The chief administrator
34 of the unified court system shall review court practices, procedures,
35 services, regulations and laws to determine the adequacy and appropri-
36 ateness of its services with respect to crime victims, including victims
37 with special needs, particularly the elderly, disabled or victims of
38 child abuse, domestic violence, SEX TRAFFICKING or sex-related offenses.
39 Such review shall include reasonable opportunity for public comment and
40 consultation with crime victims or their representatives, and may
41 include public hearings.
42 2. After the review, and not later than two hundred seventy days after
43 the effective date of this section, AND NO LATER THAN TWO HUNDRED SEVEN-
44 TY DAYS AFTER THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOU-
45 SAND THIRTEEN WHICH AMENDED THIS SECTION, AND EVERY FIVE YEARS THEREAFT-
46 ER, the chief administrator of the unified court system shall submit a
47 report to the governor and the legislature, setting forth the findings
48 of the review, including a description of the services provided by the
49 components of the unified court system and recommendations for changes
50 in its procedures, services, regulations and laws to improve its
51 services to crime victims and to establish and implement fair treatment
52 standards for crime victims.
53 3. Subject to the direction of the chief administrator, the components
54 of the unified court system shall expeditiously implement the recommen-
55 dations of its report.
56 S 4. This act shall take effect April 1, 2014.
S. 7540 13
1 PART G
2 Section 1. Short title. This act shall be known and may be cited as
3 the "trafficking victims protection and justice act".
4 S 2. Section 60.13 of the penal law, as added by chapter 7 of the laws
5 of 2007, is amended to read as follows:
6 S 60.13 Authorized dispositions; felony sex offenses.
7 When a person is to be sentenced upon a conviction for any felony
8 defined in article one hundred thirty of this chapter, including a sexu-
9 ally motivated felony, or patronizing a [prostitute] PERSON FOR PROSTI-
10 TUTION in the first degree as defined in section 230.06 of this chapter,
11 AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE THIRD DEGREE AS
12 DEFINED IN SECTION 230.11 OF THIS CHAPTER, AGGRAVATED PATRONIZING A
13 MINOR FOR PROSTITUTION IN THE SECOND DEGREE AS DEFINED IN SECTION 230.12
14 OF THIS CHAPTER, AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE
15 FIRST DEGREE AS DEFINED IN SECTION 230.13 OF THIS CHAPTER, incest in the
16 second degree as defined in section 255.26 of this chapter, or incest in
17 the first degree as defined in section 255.27 of this chapter, or a
18 felony attempt or conspiracy to commit any of these crimes, the court
19 must sentence the defendant in accordance with the provisions of section
20 70.80 of this title.
21 S 3. Paragraphs (a) and (c) of subdivision 1 of section 70.02 of the
22 penal law, paragraph (a) as amended by chapter 320 of the laws of 2006
23 and paragraph (c) as amended by chapter 1 of the laws of 2013, are
24 amended to read as follows:
25 (a) Class B violent felony offenses: an attempt to commit the class
26 A-I felonies of murder in the second degree as defined in section
27 125.25, kidnapping in the first degree as defined in section 135.25, and
28 arson in the first degree as defined in section 150.20; manslaughter in
29 the first degree as defined in section 125.20, aggravated manslaughter
30 in the first degree as defined in section 125.22, rape in the first
31 degree as defined in section 130.35, criminal sexual act in the first
32 degree as defined in section 130.50, aggravated sexual abuse in the
33 first degree as defined in section 130.70, course of sexual conduct
34 against a child in the first degree as defined in section 130.75;
35 assault in the first degree as defined in section 120.10, kidnapping in
36 the second degree as defined in section 135.20, burglary in the first
37 degree as defined in section 140.30, arson in the second degree as
38 defined in section 150.15, robbery in the first degree as defined in
39 section 160.15, SEX TRAFFICKING AS DEFINED IN PARAGRAPHS (A) AND (B) OF
40 SUBDIVISION FIVE OF SECTION 230.34, incest in the first degree as
41 defined in section 255.27, criminal possession of a weapon in the first
42 degree as defined in section 265.04, criminal use of a firearm in the
43 first degree as defined in section 265.09, criminal sale of a firearm in
44 the first degree as defined in section 265.13, aggravated assault upon a
45 police officer or a peace officer as defined in section 120.11, gang
46 assault in the first degree as defined in section 120.07, intimidating a
47 victim or witness in the first degree as defined in section 215.17,
48 hindering prosecution of terrorism in the first degree as defined in
49 section 490.35, criminal possession of a chemical weapon or biological
50 weapon in the second degree as defined in section 490.40, and criminal
51 use of a chemical weapon or biological weapon in the third degree as
52 defined in section 490.47.
53 (c) Class D violent felony offenses: an attempt to commit any of the
54 class C felonies set forth in paragraph (b); reckless assault of a child
55 as defined in section 120.02, assault in the second degree as defined in
S. 7540 14
1 section 120.05, menacing a police officer or peace officer as defined in
2 section 120.18, stalking in the first degree, as defined in subdivision
3 one of section 120.60, strangulation in the second degree as defined in
4 section 121.12, rape in the second degree as defined in section 130.30,
5 criminal sexual act in the second degree as defined in section 130.45,
6 sexual abuse in the first degree as defined in section 130.65, course of
7 sexual conduct against a child in the second degree as defined in
8 section 130.80, aggravated sexual abuse in the third degree as defined
9 in section 130.66, facilitating a sex offense with a controlled
10 substance as defined in section 130.90, LABOR TRAFFICKING AS DEFINED IN
11 PARAGRAPHS (A) AND (B) OF SUBDIVISION THREE OF SECTION 135.35, criminal
12 possession of a weapon in the third degree as defined in subdivision
13 five, six, seven, eight, nine or ten of section 265.02, criminal sale of
14 a firearm in the third degree as defined in section 265.11, intimidating
15 a victim or witness in the second degree as defined in section 215.16,
16 soliciting or providing support for an act of terrorism in the second
17 degree as defined in section 490.10, and making a terroristic threat as
18 defined in section 490.20, falsely reporting an incident in the first
19 degree as defined in section 240.60, placing a false bomb or hazardous
20 substance in the first degree as defined in section 240.62, placing a
21 false bomb or hazardous substance in a sports stadium or arena, mass
22 transportation facility or enclosed shopping mall as defined in section
23 240.63, and aggravated unpermitted use of indoor pyrotechnics in the
24 first degree as defined in section 405.18.
25 S 4. Paragraph (a) of subdivision 1 of section 70.80 of the penal law,
26 as added by chapter 7 of the laws of 2007, is amended to read as
27 follows:
28 (a) For the purposes of this section, a "felony sex offense" means a
29 conviction of any felony defined in article one hundred thirty of this
30 chapter, including a sexually motivated felony, or patronizing a [pros-
31 titute] PERSON FOR PROSTITUTION in the first degree as defined in
32 section 230.06 of this chapter, PATRONIZING A PERSON FOR PROSTITUTION IN
33 THE SECOND DEGREE AS DEFINED IN SECTION 230.05 OF THIS CHAPTER, AGGRA-
34 VATED PATRONIZING A MINOR FOR PROSTITUTION IN THE THIRD DEGREE AS
35 DEFINED IN SECTION 230.11 OF THIS CHAPTER, AGGRAVATED PATRONIZING A
36 MINOR FOR PROSTITUTION IN THE SECOND DEGREE AS DEFINED IN SECTION 230.12
37 OF THIS CHAPTER, AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN
38 FIRST DEGREE AS DEFINED IN SECTION 230.13 OF THIS CHAPTER, incest in the
39 second degree as defined in section 255.26 of this chapter, or incest in
40 the first degree as defined in section 255.27 of this chapter, or a
41 felony attempt or conspiracy to commit any of the above.
42 S 5. Section 135.35 of the penal law, as added by chapter 74 of the
43 laws of 2007, is amended to read as follows:
44 S 135.35 Labor trafficking.
45 A person is guilty of labor trafficking if he or she compels or
46 induces another to engage in labor or recruits, entices, harbors, or
47 transports such other person by means of intentionally:
48 1. [unlawfully providing a controlled substance to such person with
49 intent to impair said person's judgment;
50 2.] requiring that the labor be performed to retire, repay, or service
51 a real or purported debt that the actor has caused by a systematic ongo-
52 ing course of conduct with intent to defraud such person;
53 [3.] 2. withholding, destroying, or confiscating any actual or
54 purported passport, immigration document, or any other actual or
55 purported government identification document, of another person with
56 intent to impair said person's freedom of movement; provided, however,
S. 7540 15
1 that this subdivision shall not apply to an attempt to correct a social
2 security administration record or immigration agency record in accord-
3 ance with any local, state, or federal agency requirement, where such
4 attempt is not made for the purpose of any express or implied threat;
5 [4.] 3. using force or engaging in any scheme, plan or pattern to
6 compel or induce such person to engage in or continue to engage in labor
7 activity by means of instilling a fear in such person that, if the
8 demand is not complied with, the actor or another will do one or more of
9 the following:
10 (a) cause physical injury, serious physical injury, or death to a
11 person; or
12 (b) cause damage to property, other than the property of the actor; or
13 (c) engage in other conduct constituting a felony or unlawful impri-
14 sonment in the second degree in violation of section 135.05 of this
15 [chapter] ARTICLE; or
16 (d) accuse some person of a crime or cause criminal charges or depor-
17 tation proceedings to be instituted against such person; provided,
18 however, that it shall be an affirmative defense to this subdivision
19 that the defendant reasonably believed the threatened charge to be true
20 and that his or her sole purpose was to compel or induce the victim to
21 take reasonable action to make good the wrong which was the subject of
22 such threatened charge; or
23 (e) expose a secret or publicize an asserted fact, whether true or
24 false, tending to subject some person to hatred, contempt or ridicule;
25 or
26 (f) testify or provide information or withhold testimony or informa-
27 tion with respect to another's legal claim or defense; or
28 (g) use or abuse his or her position as a public servant by performing
29 some act within or related to his or her official duties, or by failing
30 or refusing to perform an official duty, in such manner as to affect
31 some person adversely.
32 Labor trafficking is a class D felony.
33 S 5-a. The penal law is amended by adding a new section 135.37 to read
34 as follows:
35 S 135.37 AGGRAVATED LABOR TRAFFICKING.
36 A PERSON IS GUILTY OF AGGRAVATED LABOR TRAFFICKING IF HE OR SHE
37 COMPELS OR INDUCES ANOTHER TO ENGAGE IN LABOR OR RECRUITS, ENTICES,
38 HARBORS, OR TRANSPORTS SUCH OTHER PERSON TO ENGAGE IN LABOR BY MEANS OF
39 INTENTIONALLY UNLAWFULLY PROVIDING A CONTROLLED SUBSTANCE TO SUCH PERSON
40 WITH INTENT TO IMPAIR SAID PERSON'S JUDGMENT.
41 AGGRAVATED LABOR TRAFFICKING IS A CLASS C FELONY.
42 S 5-b. Paragraph (a) of subdivision 1 of section 460.10 of the penal
43 law, as amended by section 16 of subpart A of part H of chapter 55 of
44 the laws of 2014, is amended to read as follows:
45 (a) Any of the felonies set forth in this chapter: sections 120.05,
46 120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat-
47 ing to strangulation; sections 125.10 to 125.27 relating to homicide;
48 sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and
49 135.25 relating to kidnapping; [section] SECTIONS 135.35 AND 135.37
50 relating to labor trafficking; section 135.65 relating to coercion;
51 sections 140.20, 140.25 and 140.30 relating to burglary; sections
52 145.05, 145.10 and 145.12 relating to criminal mischief; article one
53 hundred fifty relating to arson; sections 155.30, 155.35, 155.40 and
54 155.42 relating to grand larceny; sections 177.10, 177.15, 177.20 and
55 177.25 relating to health care fraud; article one hundred sixty relating
56 to robbery; sections 165.45, 165.50, 165.52 and 165.54 relating to crim-
S. 7540 16
1 inal possession of stolen property; sections 165.72 and 165.73 relating
2 to trademark counterfeiting; sections 170.10, 170.15, 170.25, 170.30,
3 170.40, 170.65 and 170.70 relating to forgery; sections 175.10, 175.25,
4 175.35, 175.40 and 210.40 relating to false statements; sections 176.15,
5 176.20, 176.25 and 176.30 relating to insurance fraud; sections 178.20
6 and 178.25 relating to criminal diversion of prescription medications
7 and prescriptions; sections 180.03, 180.08, 180.15, 180.25, 180.40,
8 180.45, 200.00, 200.03, 200.04, 200.10, 200.11, 200.12, 200.20, 200.22,
9 200.25, 200.27, 200.56, 215.00, 215.05 and 215.19; sections 187.10,
10 187.15, 187.20 and 187.25 relating to residential mortgage fraud,
11 sections 190.40 and 190.42 relating to criminal usury; section 190.65
12 relating to schemes to defraud; any felony defined in article four
13 hundred ninety-six; sections 205.60 and 205.65 relating to hindering
14 prosecution; sections 210.10, 210.15, and 215.51 relating to perjury and
15 contempt; section 215.40 relating to tampering with physical evidence;
16 sections 220.06, 220.09, 220.16, 220.18, 220.21, 220.31, 220.34, 220.39,
17 220.41, 220.43, 220.46, 220.55, 220.60 and 220.77 relating to controlled
18 substances; sections 225.10 and 225.20 relating to gambling; sections
19 230.25, 230.30, and 230.32 relating to promoting prostitution; section
20 230.34 relating to sex trafficking; sections 235.06, 235.07, 235.21 and
21 235.22 relating to obscenity; sections 263.10 and 263.15 relating to
22 promoting a sexual performance by a child; sections 265.02, 265.03,
23 265.04, 265.11, 265.12, 265.13 and the provisions of section 265.10
24 which constitute a felony relating to firearms and other dangerous weap-
25 ons; and sections 265.14 and 265.16 relating to criminal sale of a
26 firearm; and section 275.10, 275.20, 275.30, or 275.40 relating to unau-
27 thorized recordings; and sections 470.05, 470.10, 470.15 and 470.20
28 relating to money laundering; or
29 S 5-c. Paragraphs (b) and (h) of subdivision 8 of section 700.05 of
30 the criminal procedure law, paragraph (b) as amended by chapter 405 of
31 the laws of 2010 and paragraph (h) as amended by chapter 154 of the laws
32 of 1990, are amended to read as follows:
33 (b) Any of the following felonies: assault in the second degree as
34 defined in section 120.05 of the penal law, assault in the first degree
35 as defined in section 120.10 of the penal law, reckless endangerment in
36 the first degree as defined in section 120.25 of the penal law, promot-
37 ing a suicide attempt as defined in section 120.30 of the penal law,
38 strangulation in the second degree as defined in section 121.12 of the
39 penal law, strangulation in the first degree as defined in section
40 121.13 of the penal law, criminally negligent homicide as defined in
41 section 125.10 of the penal law, manslaughter in the second degree as
42 defined in section 125.15 of the penal law, manslaughter in the first
43 degree as defined in section 125.20 of the penal law, murder in the
44 second degree as defined in section 125.25 of the penal law, murder in
45 the first degree as defined in section 125.27 of the penal law, abortion
46 in the second degree as defined in section 125.40 of the penal law,
47 abortion in the first degree as defined in section 125.45 of the penal
48 law, rape in the third degree as defined in section 130.25 of the penal
49 law, rape in the second degree as defined in section 130.30 of the penal
50 law, rape in the first degree as defined in section 130.35 of the penal
51 law, criminal sexual act in the third degree as defined in section
52 130.40 of the penal law, criminal sexual act in the second degree as
53 defined in section 130.45 of the penal law, criminal sexual act in the
54 first degree as defined in section 130.50 of the penal law, sexual abuse
55 in the first degree as defined in section 130.65 of the penal law,
56 unlawful imprisonment in the first degree as defined in section 135.10
S. 7540 17
1 of the penal law, kidnapping in the second degree as defined in section
2 135.20 of the penal law, kidnapping in the first degree as defined in
3 section 135.25 of the penal law, labor trafficking as defined in section
4 135.35 of the penal law, AGGRAVATED LABOR TRAFFICKING AS DEFINED IN
5 SECTION 135.37 OF THE PENAL LAW, custodial interference in the first
6 degree as defined in section 135.50 of the penal law, coercion in the
7 first degree as defined in section 135.65 of the penal law, criminal
8 trespass in the first degree as defined in section 140.17 of the penal
9 law, burglary in the third degree as defined in section 140.20 of the
10 penal law, burglary in the second degree as defined in section 140.25 of
11 the penal law, burglary in the first degree as defined in section 140.30
12 of the penal law, criminal mischief in the third degree as defined in
13 section 145.05 of the penal law, criminal mischief in the second degree
14 as defined in section 145.10 of the penal law, criminal mischief in the
15 first degree as defined in section 145.12 of the penal law, criminal
16 tampering in the first degree as defined in section 145.20 of the penal
17 law, arson in the fourth degree as defined in section 150.05 of the
18 penal law, arson in the third degree as defined in section 150.10 of the
19 penal law, arson in the second degree as defined in section 150.15 of
20 the penal law, arson in the first degree as defined in section 150.20 of
21 the penal law, grand larceny in the fourth degree as defined in section
22 155.30 of the penal law, grand larceny in the third degree as defined in
23 section 155.35 of the penal law, grand larceny in the second degree as
24 defined in section 155.40 of the penal law, grand larceny in the first
25 degree as defined in section 155.42 of the penal law, health care fraud
26 in the fourth degree as defined in section 177.10 of the penal law,
27 health care fraud in the third degree as defined in section 177.15 of
28 the penal law, health care fraud in the second degree as defined in
29 section 177.20 of the penal law, health care fraud in the first degree
30 as defined in section 177.25 of the penal law, robbery in the third
31 degree as defined in section 160.05 of the penal law, robbery in the
32 second degree as defined in section 160.10 of the penal law, robbery in
33 the first degree as defined in section 160.15 of the penal law, unlawful
34 use of secret scientific material as defined in section 165.07 of the
35 penal law, criminal possession of stolen property in the fourth degree
36 as defined in section 165.45 of the penal law, criminal possession of
37 stolen property in the third degree as defined in section 165.50 of the
38 penal law, criminal possession of stolen property in the second degree
39 as defined by section 165.52 of the penal law, criminal possession of
40 stolen property in the first degree as defined by section 165.54 of the
41 penal law, trademark counterfeiting in the second degree as defined in
42 section 165.72 of the penal law, trademark counterfeiting in the first
43 degree as defined in section 165.73 of the penal law, forgery in the
44 second degree as defined in section 170.10 of the penal law, forgery in
45 the first degree as defined in section 170.15 of the penal law, criminal
46 possession of a forged instrument in the second degree as defined in
47 section 170.25 of the penal law, criminal possession of a forged instru-
48 ment in the first degree as defined in section 170.30 of the penal law,
49 criminal possession of forgery devices as defined in section 170.40 of
50 the penal law, falsifying business records in the first degree as
51 defined in section 175.10 of the penal law, tampering with public
52 records in the first degree as defined in section 175.25 of the penal
53 law, offering a false instrument for filing in the first degree as
54 defined in section 175.35 of the penal law, issuing a false certificate
55 as defined in section 175.40 of the penal law, criminal diversion of
56 prescription medications and prescriptions in the second degree as
S. 7540 18
1 defined in section 178.20 of the penal law, criminal diversion of
2 prescription medications and prescriptions in the first degree as
3 defined in section 178.25 of the penal law, residential mortgage fraud
4 in the fourth degree as defined in section 187.10 of the penal law,
5 residential mortgage fraud in the third degree as defined in section
6 187.15 of the penal law, residential mortgage fraud in the second degree
7 as defined in section 187.20 of the penal law, residential mortgage
8 fraud in the first degree as defined in section 187.25 of the penal law,
9 escape in the second degree as defined in section 205.10 of the penal
10 law, escape in the first degree as defined in section 205.15 of the
11 penal law, absconding from temporary release in the first degree as
12 defined in section 205.17 of the penal law, promoting prison contraband
13 in the first degree as defined in section 205.25 of the penal law,
14 hindering prosecution in the second degree as defined in section 205.60
15 of the penal law, hindering prosecution in the first degree as defined
16 in section 205.65 of the penal law, sex trafficking as defined in
17 section 230.34 of the penal law, criminal possession of a weapon in the
18 third degree as defined in subdivisions two, three and five of section
19 265.02 of the penal law, criminal possession of a weapon in the second
20 degree as defined in section 265.03 of the penal law, criminal
21 possession of a weapon in the first degree as defined in section 265.04
22 of the penal law, manufacture, transport, disposition and defacement of
23 weapons and dangerous instruments and appliances defined as felonies in
24 subdivisions one, two, and three of section 265.10 of the penal law,
25 sections 265.11, 265.12 and 265.13 of the penal law, or prohibited use
26 of weapons as defined in subdivision two of section 265.35 of the penal
27 law, relating to firearms and other dangerous weapons, or failure to
28 disclose the origin of a recording in the first degree as defined in
29 section 275.40 of the penal law;
30 (h) Promoting prostitution in the first degree, as defined in section
31 230.32 of the penal law, promoting prostitution in the second degree, as
32 defined by subdivision one of section 230.30 of the penal law, PROMOTING
33 PROSTITUTION IN THE THIRD DEGREE, AS DEFINED IN SECTION 230.25 OF THE
34 PENAL LAW;
35 S 6. The penal law is amended by adding a new section 230.01 to read
36 as follows:
37 S 230.01 PROSTITUTION; AFFIRMATIVE DEFENSE.
38 IN ANY PROSECUTION UNDER SECTION 230.00, SECTION 230.03 OR SUBDIVISION
39 TWO OF SECTION 240.37 OF THIS PART, IT IS AN AFFIRMATIVE DEFENSE THAT
40 THE DEFENDANT'S PARTICIPATION IN THE OFFENSE WAS A RESULT OF HAVING BEEN
41 A VICTIM OF COMPELLING PROSTITUTION UNDER SECTION 230.33, A VICTIM OF
42 SEX TRAFFICKING UNDER SECTION 230.34 OF THIS ARTICLE OR A VICTIM OF
43 TRAFFICKING IN PERSONS UNDER THE TRAFFICKING VICTIMS PROTECTION ACT
44 (UNITED STATES CODE, TITLE 22, CHAPTER 78).
45 S 7. The section heading and subdivision 1 of section 230.02 of the
46 penal law, as amended by chapter 627 of the laws of 1978, are amended to
47 read as follows:
48 Patronizing a [prostitute] PERSON FOR PROSTITUTION; definitions.
49 1. A person patronizes a [prostitute] PERSON FOR PROSTITUTION when:
50 (a) Pursuant to a prior understanding, he OR SHE pays a fee to another
51 person as compensation for such person or a third person having engaged
52 in sexual conduct with him OR HER; or
53 (b) He OR SHE pays or agrees to pay a fee to another person pursuant
54 to an understanding that in return therefor such person or a third
55 person will engage in sexual conduct with him OR HER; or
S. 7540 19
1 (c) He OR SHE solicits or requests another person to engage in sexual
2 conduct with him OR HER in return for a fee.
3 S 8. Subdivision 2 of section 230.03 of the penal law, as added by
4 chapter 191 of the laws of 2011, is amended to read as follows:
5 2. For the purposes of this section, SECTION 230.08 and section 230.19
6 of this article, "school zone" means (a) in or on or within any build-
7 ing, structure, athletic playing field, playground or land contained
8 within the real property boundary line of a public or private elementa-
9 ry, parochial, intermediate, junior high, vocational, or high school, or
10 (b) any public sidewalk, street, parking lot, park, playground or
11 private land, located immediately adjacent to the boundary line of such
12 school.
13 S 9. Section 230.04 of the penal law, as amended by chapter 74 of the
14 laws of 2007, is amended to read as follows:
15 S 230.04 Patronizing a [prostitute] PERSON FOR PROSTITUTION in the third
16 degree.
17 A person is guilty of patronizing a [prostitute] PERSON FOR PROSTITU-
18 TION in the third degree when he or she patronizes a [prostitute] PERSON
19 FOR PROSTITUTION.
20 Patronizing a [prostitute] PERSON FOR PROSTITUTION in the third degree
21 is a class A misdemeanor.
22 S 10. Section 230.05 of the penal law, as added by chapter 627 of the
23 laws of 1978, is amended to read as follows:
24 S 230.05 Patronizing a [prostitute] PERSON FOR PROSTITUTION in the
25 second degree.
26 A person is guilty of patronizing a [prostitute] PERSON FOR PROSTITU-
27 TION in the second degree when, being [over] eighteen years [of age] OLD
28 OR MORE, he OR SHE patronizes a [prostitute] PERSON FOR PROSTITUTION and
29 the person patronized is less than [fourteen] FIFTEEN years [of age]
30 OLD.
31 Patronizing a [prostitute] PERSON FOR PROSTITUTION in the second
32 degree is a class E felony.
33 S 11. Section 230.06 of the penal law, as added by chapter 627 of the
34 laws of 1978, is amended to read as follows:
35 S 230.06 Patronizing a [prostitute] PERSON FOR PROSTITUTION in the first
36 degree.
37 A person is guilty of patronizing a [prostitute] PERSON FOR PROSTITU-
38 TION in the first degree when [he]:
39 1. HE OR SHE patronizes a [prostitute] PERSON FOR PROSTITUTION and the
40 person patronized is less than eleven years [of age] OLD; OR
41 2. BEING EIGHTEEN YEARS OLD OR MORE, HE OR SHE PATRONIZES A PERSON FOR
42 PROSTITUTION AND THE PERSON PATRONIZED IS LESS THAN THIRTEEN YEARS OLD.
43 Patronizing a [prostitute] PERSON FOR PROSTITUTION in the first degree
44 is a class D felony.
45 S 11-a. Section 230.07 of the penal law, as amended by chapter 74 of
46 the laws of 2007, is amended to read as follows:
47 S 230.07 Patronizing a [prostitute] PERSON FOR PROSTITUTION; defense.
48 In any prosecution for patronizing a [prostitute] PERSON FOR PROSTITU-
49 TION in the first or second degrees OR PATRONIZING A PERSON FOR PROSTI-
50 TUTION IN A SCHOOL ZONE, it is a defense that the defendant did not have
51 reasonable grounds to believe that the person was less than the age
52 specified.
53 S 12. The penal law is amended by adding a new section 230.08 to read
54 as follows:
55 S 230.08 PATRONIZING A PERSON FOR PROSTITUTION IN A SCHOOL ZONE.
S. 7540 20
1 1. A PERSON IS GUILTY OF PATRONIZING A PERSON FOR PROSTITUTION IN A
2 SCHOOL ZONE WHEN, BEING TWENTY-ONE YEARS OF AGE OR OLDER, HE OR SHE
3 PATRONIZES A PERSON FOR PROSTITUTION AND THE PERSON PATRONIZED IS LESS
4 THAN EIGHTEEN YEARS OF AGE AT A PLACE THAT HE OR SHE KNOWS, OR REASON-
5 ABLY SHOULD KNOW, IS IN A SCHOOL ZONE.
6 2. FOR PURPOSES OF THIS SECTION, "SCHOOL ZONE" SHALL MEAN "SCHOOL
7 ZONE" AS DEFINED IN SUBDIVISION TWO OF SECTION 230.03 OF THIS ARTICLE.
8 PATRONIZING A PERSON FOR PROSTITUTION IN A SCHOOL ZONE IS A CLASS E
9 FELONY.
10 S 13. The section heading and the opening paragraph of section 230.10
11 of the penal law are amended to read as follows:
12 Prostitution and patronizing a [prostitute] PERSON FOR PROSTITUTION;
13 no defense.
14 In any prosecution for prostitution or patronizing a [prostitute]
15 PERSON FOR PROSTITUTION, the sex of the two parties or prospective
16 parties to the sexual conduct engaged in, contemplated or solicited is
17 immaterial, and it is no defense that:
18 S 14. The penal law is amended by adding three new sections 230.11,
19 230.12 and 230.13 to read as follows:
20 S 230.11 AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE THIRD
21 DEGREE.
22 A PERSON IS GUILTY OF AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION
23 IN THE THIRD DEGREE WHEN, BEING TWENTY-ONE YEARS OLD OR MORE, HE OR SHE
24 PATRONIZES A PERSON FOR PROSTITUTION AND THE PERSON PATRONIZED IS LESS
25 THAN SEVENTEEN YEARS OLD AND THE PERSON GUILTY OF PATRONIZING ENGAGES IN
26 SEXUAL INTERCOURSE, ORAL SEXUAL CONDUCT, ANAL SEXUAL CONDUCT, OR AGGRA-
27 VATED SEXUAL CONDUCT AS THOSE TERMS ARE DEFINED IN SECTION 130.00 OF
28 THIS PART.
29 AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE THIRD DEGREE IS
30 A CLASS E FELONY.
31 S 230.12 AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE SECOND
32 DEGREE.
33 A PERSON IS GUILTY OF AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION
34 IN THE SECOND DEGREE WHEN, BEING EIGHTEEN YEARS OLD OR MORE, HE OR SHE
35 PATRONIZES A PERSON FOR PROSTITUTION AND THE PERSON PATRONIZED IS LESS
36 THAN FIFTEEN YEARS OLD AND THE PERSON GUILTY OF PATRONIZING ENGAGES IN
37 SEXUAL INTERCOURSE, ORAL SEXUAL CONDUCT, ANAL SEXUAL CONDUCT, OR AGGRA-
38 VATED SEXUAL CONDUCT AS THOSE TERMS ARE DEFINED IN SECTION 130.00 OF
39 THIS PART.
40 AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE SECOND DEGREE
41 IS A CLASS D FELONY.
42 S 230.13 AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE FIRST
43 DEGREE.
44 A PERSON IS GUILTY OF AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION
45 IN THE FIRST DEGREE WHEN HE OR SHE PATRONIZES A PERSON FOR PROSTITUTION
46 AND THE PERSON PATRONIZED IS LESS THAN ELEVEN YEARS OLD, OR BEING EIGH-
47 TEEN YEARS OLD OR MORE, HE OR SHE PATRONIZES A PERSON FOR PROSTITUTION
48 AND THE PERSON PATRONIZED IS LESS THAN THIRTEEN YEARS OLD, AND THE
49 PERSON GUILTY OF PATRONIZING ENGAGES IN SEXUAL INTERCOURSE, ORAL SEXUAL
50 CONDUCT, ANAL SEXUAL CONDUCT, OR AGGRAVATED SEXUAL CONDUCT AS THOSE
51 TERMS ARE DEFINED IN SECTION 130.00 OF THIS PART.
52 AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE FIRST DEGREE IS
53 A CLASS B FELONY.
54 S 15. Subdivisions 1 and 2 of section 230.15 of the penal law are
55 amended to read as follows:
S. 7540 21
1 1. "Advance prostitution." A person "advances prostitution" when,
2 acting other than as a [prostitute] PERSON IN PROSTITUTION or as a
3 patron thereof, he OR SHE knowingly causes or aids a person to commit or
4 engage in prostitution, procures or solicits patrons for prostitution,
5 provides persons or premises for prostitution purposes, operates or
6 assists in the operation of a house of prostitution or a prostitution
7 enterprise, or engages in any other conduct designed to institute, aid
8 or facilitate an act or enterprise of prostitution.
9 2. "Profit from prostitution." A person "profits from prostitution"
10 when, acting other than as a [prostitute] PERSON IN PROSTITUTION receiv-
11 ing compensation for personally rendered prostitution services, he OR
12 SHE accepts or receives money or other property pursuant to an agreement
13 or understanding with any person whereby he OR SHE participates or is to
14 participate in the proceeds of prostitution activity.
15 S 16. Subdivision 1 of section 230.19 of the penal law, as added by
16 chapter 191 of the laws of 2011, is amended to read as follows:
17 1. A person is guilty of promoting prostitution in a school zone when,
18 being nineteen years [of age] OLD or [older] MORE, he or she knowingly
19 advances or profits from prostitution that he or she knows or reasonably
20 should know is or will be committed in violation of section 230.03 of
21 this article in a school zone during the hours that school is in
22 session.
23 S 17. The opening paragraph and subdivision 1 of section 230.25 of the
24 penal law, the opening paragraph as amended by chapter 627 of the laws
25 of 1978 and subdivision 1 as amended by chapter 74 of the laws of 2007,
26 are amended to read as follows:
27 A person is guilty of promoting prostitution in the third degree when
28 he OR SHE knowingly:
29 1. Advances or profits from prostitution by managing, supervising,
30 controlling or owning, either alone or in association with others, a
31 house of prostitution or a prostitution business or enterprise involving
32 prostitution activity by two or more [prostitutes] PERSONS IN PROSTITU-
33 TION, or a business that sells travel-related services knowing that such
34 services include or are intended to facilitate travel for the purpose of
35 patronizing a [prostitute] PERSON FOR PROSTITUTION, including to a
36 foreign jurisdiction and regardless of the legality of prostitution in
37 said foreign jurisdiction; or
38 S 18. Section 230.30 of the penal law, as amended by chapter 627 of
39 the laws of 1978, is amended to read as follows:
40 S 230.30 Promoting prostitution in the second degree.
41 A person is guilty of promoting prostitution in the second degree when
42 he OR SHE knowingly:
43 1. Advances prostitution by compelling a person by force or intim-
44 idation to engage in prostitution, or profits from such coercive conduct
45 by another; or
46 2. Advances or profits from prostitution of a person less than
47 [sixteen] EIGHTEEN years old.
48 Promoting prostitution in the second degree is a class C felony.
49 S 19. The first undesignated paragraph of section 230.32 of the penal
50 law, as added by chapter 627 of the laws of 1978, is amended to read as
51 follows:
52 A person is guilty of promoting prostitution in the first degree when
53 he OR SHE:
54 1. knowingly advances or profits from prostitution of a person less
55 than [eleven] THIRTEEN years old; OR
S. 7540 22
1 2. BEING TWENTY-ONE YEARS OLD OR MORE, HE OR SHE KNOWINGLY ADVANCES OR
2 PROFITS FROM PROSTITUTION OF A PERSON LESS THAN FIFTEEN YEARS OF AGE.
3 S 20. Section 230.33 of the penal law, as added by chapter 450 of the
4 laws of 2005, is amended to read as follows:
5 S 230.33 Compelling prostitution.
6 A person is guilty of compelling prostitution when, being [twenty-one]
7 EIGHTEEN years [of age or older] OLD OR MORE, he or she knowingly
8 advances prostitution by compelling a person less than [sixteen] EIGH-
9 TEEN years old, by force or intimidation, to engage in prostitution.
10 Compelling prostitution is a class B felony.
11 S 21. Intentionally omitted.
12 S 22. Section 230.35 of the penal law, as amended by chapter 450 of
13 the laws of 2005, is amended to read as follows:
14 S 230.35 Promoting or compelling prostitution; accomplice.
15 In a prosecution for promoting prostitution or compelling prostitu-
16 tion, a person less than [seventeen] EIGHTEEN years [of age] OLD from
17 whose prostitution activity another person is alleged to have advanced
18 or attempted to advance or profited or attempted to profit shall not be
19 deemed to be an accomplice.
20 S 23. The first undesignated paragraph of section 230.40 of the penal
21 law is amended to read as follows:
22 A person is guilty of permitting prostitution when, having possession
23 or control of premises OR VEHICLE which he OR SHE knows are being used
24 for prostitution purposes OR FOR THE PURPOSE OF ADVANCING PROSTITUTION,
25 he OR SHE fails to make reasonable effort to halt or abate such use.
26 S 24. Subdivision 2 of section 240.37 of the penal law, as added by
27 chapter 344 of the laws of 1976, is amended, and subdivision 3 is renum-
28 bered subdivision 4 and a new subdivision 3 is added to read as follows:
29 2. Any person who remains or wanders about in a public place and
30 repeatedly beckons to, or repeatedly stops, or repeatedly attempts to
31 stop, or repeatedly attempts to engage passers-by in conversation, or
32 repeatedly stops or attempts to stop motor vehicles, or repeatedly
33 interferes with the free passage of other persons, for the purpose of
34 prostitution[, or of patronizing a prostitute as those terms are] AS
35 THAT TERM IS defined in article two hundred thirty of [the penal law]
36 THIS PART, shall be guilty of a violation and is guilty of a class B
37 misdemeanor if such person has previously been convicted of a violation
38 of this section or of [sections] SECTION 230.00 [or 230.05] of [the
39 penal law] THIS PART.
40 3. ANY PERSON WHO REMAINS OR WANDERS ABOUT IN A PUBLIC PLACE AND
41 REPEATEDLY BECKONS TO, OR REPEATEDLY STOPS, OR REPEATEDLY ATTEMPTS TO
42 STOP, OR REPEATEDLY ATTEMPTS TO ENGAGE PASSERS-BY IN CONVERSATION, OR
43 REPEATEDLY STOPS OR ATTEMPTS TO STOP MOTOR VEHICLES, OR REPEATEDLY
44 INTERFERES WITH THE FREE PASSAGE OF OTHER PERSONS, FOR THE PURPOSE OF
45 PATRONIZING A PERSON FOR PROSTITUTION AS DEFINED IN SECTION 230.02 OF
46 THIS PART, SHALL BE GUILTY OF A VIOLATION AND IS GUILTY OF A CLASS B
47 MISDEMEANOR IF SUCH PERSON HAS PREVIOUSLY BEEN CONVICTED OF A VIOLATION
48 OF THIS SECTION OR OF SECTION 230.04, 230.05, 230.06 OR 230.08 OF THIS
49 PART.
50 S 25. Subdivision 6 of section 380.50 of the criminal procedure law,
51 as amended by chapter 320 of the laws of 2006, is amended to read as
52 follows:
53 6. Regardless of whether the victim requests to make a statement with
54 regard to the defendant's sentence, where the defendant is sentenced for
55 a violent felony offense as defined in section 70.02 of the penal law or
56 a felony defined in article one hundred twenty-five of such law or any
S. 7540 23
1 of the following provisions of such law sections 130.25, 130.30, 130.40,
2 130.45, 255.25, 255.26, 255.27, article two hundred sixty-three, 135.10,
3 135.25, 230.05, 230.06, 230.11, 230.12, 230.13, subdivision two of
4 section 230.30 or 230.32, the prosecutor shall, within sixty days of the
5 imposition of sentence, provide the victim with a form on which the
6 victim may indicate a demand to be informed of any petition to change
7 the name of such defendant. Such forms shall be maintained by such
8 prosecutor. Upon receipt of a notice of a petition to change the name of
9 any such defendant, pursuant to subdivision two of section sixty-two of
10 the civil rights law, the prosecutor shall promptly notify the victim at
11 the most current address or telephone number provided by such victim in
12 the most reasonable and expedient possible manner of the time and place
13 such petition will be presented to the court.
14 S 26. Paragraph (i) of subdivision 1 of section 440.10 of the criminal
15 procedure law, as added by chapter 332 of the laws of 2010, is amended
16 to read as follows:
17 (i) The judgment is a conviction where the arresting charge was under
18 section 240.37 (loitering for the purpose of engaging in a prostitution
19 offense, provided that the defendant was not alleged to be loitering for
20 the purpose of patronizing a prostitute or promoting prostitution) or
21 230.00 (prostitution) OR 230.03 of the penal law, and the defendant's
22 participation in the offense was a result of having been a victim of sex
23 trafficking under section 230.34 of the penal law, LABOR TRAFFICKING
24 UNDER SECTION 135.35 OF THE PENAL LAW, AGGRAVATED LABOR TRAFFICKING
25 UNDER SECTION 135.37 OF THE PENAL LAW, COMPELLING PROSTITUTION UNDER
26 SECTION 230.33 OF THE PENAL LAW, or trafficking in persons under the
27 Trafficking Victims Protection Act (United States Code, title 22, chap-
28 ter 78); provided that
29 (i) a motion under this paragraph shall be made with due diligence,
30 after the defendant has ceased to be a victim of such trafficking OR
31 COMPELLING PROSTITUTION CRIME or has sought services for victims of such
32 trafficking OR COMPELLING PROSTITUTION CRIME, subject to reasonable
33 concerns for the safety of the defendant, family members of the defend-
34 ant, or other victims of such trafficking OR COMPELLING PROSTITUTION
35 CRIME that may be jeopardized by the bringing of such motion, or for
36 other reasons consistent with the purpose of this paragraph; and
37 (ii) official documentation of the defendant's status as a victim of
38 [sex] trafficking, COMPELLING PROSTITUTION or trafficking in persons at
39 the time of the offense from a federal, state or local government agency
40 shall create a presumption that the defendant's participation in the
41 offense was a result of having been a victim of sex trafficking, COMPEL-
42 LING PROSTITUTION or trafficking in persons, but shall not be required
43 for granting a motion under this paragraph.
44 S 27. Intentionally omitted.
45 S 28. Section 483-bb of the social services law is amended by adding a
46 new subdivision (c) to read as follows:
47 (C) AN INDIVIDUAL WHO IS A VICTIM OF THE CONDUCT PROHIBITED BY SECTION
48 230.33, 230.34, 135.35 OR 135.37 OF THE PENAL LAW MAY BRING A CIVIL
49 ACTION AGAINST THE PERPETRATOR OR WHOEVER KNOWINGLY ADVANCES OR PROFITS
50 FROM, OR WHOEVER SHOULD HAVE KNOWN HE OR SHE WAS ADVANCING OR PROFITING
51 FROM, AN ACT IN VIOLATION OF SECTION 230.33, 230.34, 135.35 OR 135.37 OF
52 THE PENAL LAW TO RECOVER DAMAGES AND REASONABLE ATTORNEY'S FEES.
53 S 29. Section 212 of the civil practice law and rules is amended by
54 adding a new subdivision (e) to read as follows:
55 (E) BY A VICTIM OF SEX TRAFFICKING, COMPELLING PROSTITUTION, OR LABOR
56 TRAFFICKING. AN ACTION BY A VICTIM OF SEX TRAFFICKING, COMPELLING PROS-
S. 7540 24
1 TITUTION, LABOR TRAFFICKING OR AGGRAVATED LABOR TRAFFICKING, BROUGHT
2 PURSUANT TO SUBDIVISION (C) OF SECTION FOUR HUNDRED EIGHTY-THREE-BB OF
3 THE SOCIAL SERVICES LAW, MAY BE COMMENCED WITHIN TEN YEARS AFTER SUCH
4 VICTIMIZATION OCCURS PROVIDED, HOWEVER, THAT SUCH TEN YEAR PERIOD SHALL
5 NOT BEGIN TO RUN AND SHALL BE TOLLED DURING ANY PERIOD IN WHICH THE
6 VICTIM IS OR REMAINS SUBJECT TO SUCH CONDUCT.
7 S 30. Subdivision (a) of section 483-cc of the social services law, as
8 added by chapter 74 of the laws of 2007, is amended to read as follows:
9 (a) As soon as practicable after a first encounter with a person who
10 reasonably appears to a law enforcement agency [or a], district attor-
11 ney's office, OR AN ESTABLISHED PROVIDER OF SOCIAL OR LEGAL SERVICES
12 DESIGNATED BY THE OFFICE OF TEMPORARY AND AND DISABILITY ASSISTANCE OR
13 THE OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE OR THE OFFICE OF
14 VICTIM SERVICES to be a human trafficking victim, that [agency or] LAW
15 ENFORCEMENT AGENCY OR DISTRICT ATTORNEY'S office shall notify the office
16 of temporary and disability assistance and the division of criminal
17 justice services that such person may be eligible for services under
18 this article OR, IN THE CASE OF AN ESTABLISHED PROVIDER OF SOCIAL OR
19 LEGAL SERVICES, SHALL NOTIFY THE OFFICE OF TEMPORARY AND DISABILITY
20 ASSISTANCE AND THE DIVISION OF CRIMINAL JUSTICE SERVICES IF SUCH VICTIM
21 CONSENTS TO SEEKING SERVICES PURSUANT TO THIS ARTICLE.
22 S 31. Intentionally omitted.
23 S 32. Section 14 of chapter 74 of the laws of 2007, amending the penal
24 law, the criminal procedure law, the correction law, the social services
25 law, and the executive law relating to human trafficking, as amended by
26 chapter 24 of the laws of 2011, is amended to read as follows:
27 S 14. This act shall take effect on the first of November next
28 succeeding the date on which it shall have become a law; provided that
29 section 483-ee of the social services law, as added by section eleven of
30 this act, shall take effect immediately and shall remain in full force
31 and effect until September 1, [2013] 2017 when upon such date the
32 provisions of such section shall expire and be deemed repealed.
33 Provided, effective immediately, the addition, amendment and/or repeal
34 of any rule or regulation necessary for the timely implementation of the
35 provisions of article 10-D of the social services law, as added by
36 section eleven of this act, on its effective date are authorized to be
37 made on or before such effective date.
38 S 33. Subdivision (p) of section 10.03 of the mental hygiene law, as
39 added by chapter 7 of the laws of 2007, is amended to read as follows:
40 (p) "Sex offense" means an act or acts constituting: (1) any felony
41 defined in article one hundred thirty of the penal law, including a
42 sexually motivated felony; (2) patronizing a [prostitute] PERSON FOR
43 PROSTITUTION in the first degree as defined in section 230.06 of the
44 penal law, AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE FIRST
45 DEGREE AS DEFINED IN SECTION 230.13 OF THE PENAL LAW, AGGRAVATED PATRON-
46 IZING A MINOR FOR PROSTITUTION IN THE SECOND DEGREE AS DEFINED IN
47 SECTION 230.12 OF THE PENAL LAW, AGGRAVATED PATRONIZING A MINOR FOR
48 PROSTITUTION IN THE THIRD DEGREE AS DEFINED IN SECTION 230.11 OF THE
49 PENAL LAW, incest in the second degree as defined in section 255.26 of
50 the penal law, or incest in the first degree as defined in section
51 255.27 of the penal law; (3) a felony attempt or conspiracy to commit
52 any of the foregoing offenses set forth in this subdivision; or (4) a
53 designated felony, as defined in subdivision (f) of this section, if
54 sexually motivated and committed prior to the effective date of this
55 article.
S. 7540 25
1 S 34. Subparagraph (i) of paragraph (a) of subdivision 2 of section
2 168-a of the correction law, as amended by chapter 405 of the laws of
3 2008, is amended to read as follows:
4 (i) a conviction of or a conviction for an attempt to commit any of
5 the provisions of sections 120.70, 130.20, 130.25, 130.30, 130.40,
6 130.45, 130.60, 230.34, 250.50, 255.25, 255.26 and 255.27 or article two
7 hundred sixty-three of the penal law, or section 135.05, 135.10, 135.20
8 or 135.25 of such law relating to kidnapping offenses, provided the
9 victim of such kidnapping or related offense is less than seventeen
10 years old and the offender is not the parent of the victim, or section
11 230.04, where the person patronized is in fact less than seventeen years
12 of age, 230.05 [or], 230.06, [or] 230.11, 230.12, 230.13, subdivision
13 two of section 230.30, [or] section 230.32 [or], 230.33, OR 230.34 of
14 the penal law, OR SECTION 230.25 OF THE PENAL LAW WHERE THE PERSON PROS-
15 TITUTED IS IN FACT LESS THAN SEVENTEEN YEARS OLD, or
16 S 35. Paragraph (b) of subdivision 1 of section 168-d of the
17 correction law, as amended by chapter 74 of the laws of 2007, is amended
18 to read as follows:
19 (b) Where a defendant stands convicted of an offense defined in para-
20 graph (b) of subdivision two of section one hundred sixty-eight-a of
21 this article or where the defendant was convicted of patronizing a
22 [prostitute] PERSON FOR PROSTITUTION in the third degree under section
23 230.04 of the penal law and the defendant controverts an allegation that
24 the victim of such offense was less than eighteen years of age or, in
25 the case of a conviction under section 230.04 of the penal law, less
26 than seventeen years of age, the court, without a jury, shall, prior to
27 sentencing, conduct a hearing, and the people may prove by clear and
28 convincing evidence that the victim was less than eighteen years [of
29 age] OLD or less than seventeen years [of age] OLD, as applicable, by
30 any evidence admissible under the rules applicable to a trial of the
31 issue of guilt. The court in addition to such admissible evidence may
32 also consider reliable hearsay evidence submitted by either party
33 provided that it is relevant to the determination of the age of the
34 victim. Facts concerning the age of the victim proven at trial or ascer-
35 tained at the time of entry of a plea of guilty shall be deemed estab-
36 lished by clear and convincing evidence and shall not be relitigated. At
37 the conclusion of the hearing, or if the defendant does not controvert
38 an allegation that the victim of the offense was less than eighteen
39 years [of age] OLD or less than seventeen years [of age] OLD, as appli-
40 cable, the court must make a finding and enter an order setting forth
41 the age of the victim. If the court finds that the victim of such
42 offense was under eighteen years [of age] OLD or under seventeen years
43 [of age] OLD, as applicable, the court shall certify the defendant as a
44 sex offender, the provisions of paragraph (a) of this subdivision shall
45 apply and the defendant shall register with the division in accordance
46 with the provisions of this article.
47 S 36. Paragraph (c) of subdivision 4 of section 509-cc of the vehicle
48 and traffic law, as amended by chapter 400 of the laws of 2011, is
49 amended to read as follows:
50 (c) The offenses referred to in subparagraph (i) of paragraph (b) of
51 subdivision one and subparagraph (i) of paragraph (c) of subdivision two
52 of this section that result in disqualification for a period of five
53 years shall include a conviction under sections 100.10, 105.13, 115.05,
54 120.03, 120.04, 120.04-a, 120.05, 120.10, 120.25, 121.12, 121.13,
55 125.40, 125.45, 130.20, 130.25, 130.52, 130.55, 135.10, 135.55, 140.17,
56 140.25, 140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06, 220.09,
S. 7540 26
1 220.16, 220.31, 220.34, 220.60, 220.65, 221.30, 221.50, 221.55, 230.00,
2 230.05, 230.06, 230.11, 230.12, 230.13, 230.19, 230.20, 235.05, 235.06,
3 235.07, 235.21, 240.06, 245.00, 260.10, subdivision two of section
4 260.20 and sections 260.25, 265.02, 265.03, 265.08, 265.09, 265.10,
5 265.12, 265.35 of the penal law or an attempt to commit any of the afor-
6 esaid offenses under section 110.00 of the penal law, or any similar
7 offenses committed under a former section of the penal law, or any
8 offenses committed under a former section of the penal law which would
9 constitute violations of the aforesaid sections of the penal law, or any
10 offenses committed outside this state which would constitute violations
11 of the aforesaid sections of the penal law.
12 S 36-a. The vehicle and traffic law is amended by adding a new section
13 510-d to read as follows:
14 S 510-D. SUSPENSION AND REVOCATION OF CLASS E DRIVER'S LICENSES. 1. A
15 CLASS E DRIVER'S LICENSE SHALL BE SUSPENDED BY THE COMMISSIONER FOR A
16 PERIOD OF ONE YEAR WHERE THE HOLDER IS CONVICTED OF A VIOLATION OF
17 SECTION 230.20, 230.25, 230.30, 230.32, 230.34 OR 230.40 OF THE PENAL
18 LAW AND THE HOLDER USED A FOR HIRE MOTOR VEHICLE TO COMMIT SUCH CRIME.
19 2. A CLASS E DRIVER'S LICENSE MAY BE REVOKED BY THE COMMISSIONER WHEN
20 THE HOLDER, WHO HAD HIS OR HER DRIVER'S LICENSE SUSPENDED UNDER SUBDIVI-
21 SION ONE OF THIS SECTION WITHIN THE LAST TEN YEARS, IS CONVICTED OF A
22 SECOND VIOLATION OF SECTION 230.20, 230.25, 230.30, 230.32, 230.34 OR
23 230.40 OF THE PENAL LAW AND THE HOLDER USED A FOR HIRE MOTOR VEHICLE TO
24 COMMIT SUCH CRIME.
25 3. ANY REVOCATION OR SUSPENSION OF A CLASS E DRIVER'S LICENSE ISSUED
26 PURSUANT TO THIS ARTICLE SHALL BE APPLICABLE ONLY TO THAT PORTION OF THE
27 HOLDER'S DRIVER'S LICENSE OR PRIVILEGE WHICH PERMITS THE OPERATION OF A
28 MOTOR VEHICLE TRANSPORTING PASSENGERS FOR HIRE, AND THE COMMISSIONER
29 SHALL IMMEDIATELY ISSUE A LICENSE, OTHER THAN A CLASS E DRIVER'S
30 LICENSE, TO SUCH PERSON, PROVIDED THAT SUCH PERSON IS OTHERWISE ELIGIBLE
31 TO RECEIVE SUCH LICENSE AND FURTHER PROVIDED THAT ISSUING A LICENSE TO
32 SUCH PERSON DOES NOT CREATE A SUBSTANTIAL TRAFFIC SAFETY HAZARD.
33 4. THE PROVISIONS OF THIS SECTION SHALL NOT BE CONSTRUED TO PREVENT
34 ANY PERSON WHO HAS THE AUTHORITY TO SUSPEND OR REVOKE A LICENSE TO DRIVE
35 OR PRIVILEGE OF OPERATING PURSUANT TO SECTION FIVE HUNDRED TEN OF THIS
36 ARTICLE FROM EXERCISING ANY SUCH AUTHORITY.
37 S 37. Section 2324-a of the public health law, as amended by chapter
38 260 of the laws of 1978, is amended to read as follows:
39 S 2324-a. Presumptive evidence. For the purposes of this title, two
40 or more convictions of any person or persons had, within a period of one
41 year, for any of the offenses described in section 230.00, 230.05,
42 230.06, 230.08, 230.11, 230.12, 230.13, 230.20, 230.25 [or], 230.30 OR
43 230.32 of the penal law arising out of conduct engaged in at the same
44 real property consisting of a dwelling as that term is defined in subdi-
45 vision four of section four of the multiple dwelling law shall be
46 presumptive evidence of conduct constituting use of the premises for
47 purposes of prostitution.
48 S 38. Subdivision 2 of section 715 of the real property actions and
49 proceedings law, as added by chapter 494 of the laws of 1976, is amended
50 to read as follows:
51 2. For purposes of this section, two or more convictions of any person
52 or persons had, within a period of one year, for any of the offenses
53 described in section 230.00, 230.05, 230.06, 230.11, 230.12, 230.13,
54 230.20, 230.25, 230.30, 230.32 or 230.40 of the penal law arising out of
55 conduct engaged in at the same real property consisting of a dwelling as
56 that term is defined in subdivision four of section four of the multiple
S. 7540 27
1 dwelling law shall be presumptive evidence of conduct constituting use
2 of the premises for purposes of prostitution.
3 S 39. Subdivision 3 of section 231 of the real property law, as
4 amended by chapter 203 of the laws of 1980, is amended to read as
5 follows:
6 3. For the purposes of this section, two or more convictions of any
7 person or persons had, within a period of one year, for any of the
8 offenses described in section 230.00, 230.05, 230.06, 230.11, 230.12,
9 230.13, 230.20, 230.25, 230.30, 230.32 or 230.40 of the penal law aris-
10 ing out of conduct engaged in at the same premises consisting of a
11 dwelling as that term is defined in subdivision four of section four of
12 the multiple dwelling law shall be presumptive evidence of unlawful use
13 of such premises and of the owners knowledge of the same.
14 S 40. Subdivision 3 of section 840 of the executive law is amended by
15 adding a new paragraph (f-1) to read as follows:
16 (F-1) DEVELOP, MAINTAIN AND DISSEMINATE, IN CONSULTATION WITH THE
17 OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE AND THE DIVISION OF CRIMI-
18 NAL JUSTICE SERVICES, WRITTEN POLICIES AND PROCEDURES REGARDING HUMAN
19 TRAFFICKING VICTIMS. SUCH POLICIES AND PROCEDURES SHALL INCLUDE, BUT NOT
20 BE LIMITED TO THE FOLLOWING: (1) THE IDENTIFICATION OF POTENTIAL VICTIMS
21 OF HUMAN TRAFFICKING, AS DEFINED UNDER SECTION FOUR HUNDRED
22 EIGHTY-THREE-AA OF THE SOCIAL SERVICES LAW; AND (2) INFORMATION AND/OR
23 REFERRAL TO APPROPRIATE SOCIAL AND LEGAL SERVICES FOR VICTIMS OF HUMAN
24 TRAFFICKING IN ACCORDANCE WITH SECTION FOUR HUNDRED EIGHTY-THREE-BB OF
25 THE SOCIAL SERVICES LAW;
26 S 41. The executive law is amended by adding a new section 214-d to
27 read as follows:
28 S 214-D. HUMAN TRAFFICKING AWARENESS. THE SUPERINTENDENT, IN CONSULTA-
29 TION WITH THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE AND THE
30 DIVISION OF CRIMINAL JUSTICE SERVICES, SHALL: (1) DEVELOP, MAINTAIN AND
31 DISSEMINATE TO ALL MEMBERS OF THE STATE POLICE, INCLUDING NEW AND VETER-
32 AN OFFICERS, WRITTEN POLICIES, PROCEDURES AND EDUCATIONAL MATERIALS
33 RELATING TO HUMAN TRAFFICKING VICTIMS, INCLUDING SERVICES AVAILABLE FOR
34 VICTIMS OF HUMAN TRAFFICKING, AS REFERENCED IN SECTION FOUR HUNDRED
35 EIGHTY-THREE-BB OF THE SOCIAL SERVICES LAW; AND (2) ESTABLISH AND IMPLE-
36 MENT WRITTEN PROCEDURES AND POLICIES IN THE EVENT A MEMBER OF THE DIVI-
37 SION OF STATE POLICE ENCOUNTERS AN INDIVIDUAL BELIEVED TO BE A VICTIM OF
38 HUMAN TRAFFICKING, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, THE
39 PROVISION OF INFORMATION AND/OR REFERRAL TO AN APPROPRIATE PROVIDER OF
40 SOCIAL AND LEGAL SERVICES TO HUMAN TRAFFICKING VICTIMS, IN ACCORDANCE
41 WITH SUCH SECTION FOUR HUNDRED EIGHTY-THREE-BB.
42 S 42. This act shall take effect on the ninetieth day after it shall
43 have become a law.
44 PART H
45 Section 1. Subdivision 21-e of section 292 of the executive law, as
46 added by chapter 269 of the laws of 1997, is amended and a new subdivi-
47 sion 21-f is added to read as follows:
48 21-e. The term "reasonable accommodation" means actions taken which
49 permit an employee, prospective employee or member with a disability, OR
50 A PREGNANCY-RELATED CONDITION, to perform in a reasonable manner the
51 activities involved in the job or occupation sought or held and include,
52 but are not limited to, provision of an accessible worksite, acquisition
53 or modification of equipment, support services for persons with impaired
54 hearing or vision, job restructuring and modified work schedules;
S. 7540 28
1 provided, however, that such actions do not impose an undue hardship on
2 the business, program or enterprise of the entity from which action is
3 requested.
4 21-F. THE TERM "PREGNANCY-RELATED CONDITION" MEANS A MEDICAL CONDITION
5 RELATED TO PREGNANCY OR CHILDBIRTH THAT INHIBITS THE EXERCISE OF A
6 NORMAL BODILY FUNCTION OR IS DEMONSTRABLE BY MEDICALLY ACCEPTED CLINICAL
7 OR LABORATORY DIAGNOSTIC TECHNIQUES; PROVIDED, HOWEVER, THAT IN ALL
8 PROVISIONS OF THIS ARTICLE DEALING WITH EMPLOYMENT, THE TERM SHALL BE
9 LIMITED TO CONDITIONS WHICH, UPON THE PROVISION OF REASONABLE ACCOMMO-
10 DATIONS, DO NOT PREVENT THE COMPLAINANT FROM PERFORMING IN A REASONABLE
11 MANNER THE ACTIVITIES INVOLVED IN THE JOB OR OCCUPATION SOUGHT OR HELD;
12 AND PROVIDED FURTHER, HOWEVER, THAT PREGNANCY-RELATED CONDITIONS SHALL
13 BE TREATED AS TEMPORARY DISABILITIES FOR THE PURPOSES OF THIS ARTICLE.
14 S 2. Paragraph (a) of subdivision 3 of section 296 of the executive
15 law, as added by chapter 269 of the laws of 1997, is amended and two new
16 paragraphs (c) and (d) are added to read as follows:
17 (a) It shall be an unlawful discriminatory practice for an employer,
18 licensing agency, employment agency or labor organization to refuse to
19 provide reasonable accommodations to the known disabilities, OR PREGNAN-
20 CY-RELATED CONDITIONS, of an employee, prospective employee or member in
21 connection with a job or occupation sought or held or participation in a
22 training program.
23 (C) THE EMPLOYEE MUST COOPERATE IN PROVIDING MEDICAL OR OTHER INFORMA-
24 TION THAT IS NECESSARY TO VERIFY THE EXISTENCE OF THE DISABILITY OR
25 PREGNANCY-RELATED CONDITION, OR THAT IS NECESSARY FOR CONSIDERATION OF
26 THE ACCOMMODATION. THE EMPLOYEE HAS A RIGHT TO HAVE SUCH MEDICAL INFOR-
27 MATION KEPT CONFIDENTIAL.
28 (D) NOTHING IN THIS SUBDIVISION REGARDING "REASONABLE ACCOMMODATION"
29 OR IN PART D OF THE CHAPTER OF THE LAWS OF TWO THOUSAND THIRTEEN WHICH
30 ADDED THIS PARAGRAPH SHALL ALTER, DIMINISH, INCREASE, OR CREATE NEW OR
31 ADDITIONAL REQUIREMENTS TO ACCOMMODATE PROTECTED CLASSES PURSUANT TO
32 THIS ARTICLE OTHER THAN THE ADDITIONAL REQUIREMENTS AS EXPLICITLY SET
33 FORTH IN SUCH CHAPTER OF THE LAWS OF TWO THOUSAND THIRTEEN.
34 S 3. This act shall take effect on the ninetieth day after it shall
35 have become a law.
36 PART I
37 Section 1. The public health law is amended by adding a new section
38 4166 to read as follows:
39 S 4166. ACCESS TO REPRODUCTIVE SERVICES. THE STATE SHALL NOT DENY A
40 WOMAN'S RIGHT TO OBTAIN AN ABORTION AS ESTABLISHED BY THE UNITED STATES
41 SUPREME COURT IN THE DECISION ROE V. WADE, 410 U.S.113 (1973). NOTWITH-
42 STANDING ANY LAW TO THE CONTRARY, NEW YORK PROTECTS A WOMAN'S RIGHT TO
43 TERMINATE A PREGNANCY WITHIN TWENTY-FOUR WEEKS FROM COMMENCEMENT OF HER
44 PREGNANCY, OR WHEN NECESSARY TO PROTECT A WOMAN'S LIFE OR HEALTH AS
45 DETERMINED BY A LICENSED PHYSICIAN.
46 NOTHING IN THIS SECTION SHALL BE CONSTRUED TO CONFLICT WITH ANY APPLI-
47 CABLE STATE OR FEDERAL LAW OR REGULATION PERMITTING A HEALTH CARE
48 PROVIDER TO REFRAIN FROM PROVIDING ABORTIONS DUE TO THE PROVIDER'S RELI-
49 GIOUS OR MORAL BELIEFS.
50 NOTHING IN THIS SECTION SHALL CONFLICT WITH THE PARTIAL BIRTH ABORTION
51 BAN CODIFIED UNDER 18 USC SECTION 1531.
52 NO PROSECUTION OR PROCEEDING SHALL BE BROUGHT OR MAINTAINED UNDER THE
53 PENAL LAW OR OTHERWISE FOR ACTS THAT ARE AUTHORIZED OR PERMITTED PURSU-
54 ANT TO THIS SECTION OR BY THIS CHAPTER AND THE EDUCATION LAW.
S. 7540 29
1 SUBDIVISIONS TWO AND THREE OF SECTION 125.05, SUBDIVISION TWO OF
2 SECTION 125.15, SUBDIVISION THREE OF SECTION 125.20 AND SECTIONS 125.40,
3 125.45, 125.50, 125.55 AND 125.60 OF THE PENAL LAW ARE HEREBY REPEALED
4 TO THE EXTENT THAT THEY ARE INCONSISTENT WITH THIS SECTION.
5 S 2. This act shall take effect on the thirtieth day after it shall
6 have become a law.
7 S 3. Severability clause. If any clause, sentence, paragraph, subdivi-
8 sion, section or part of this act shall be adjudged by a court of compe-
9 tent jurisdiction to be invalid, such judgment shall not affect, impair
10 or invalidate the remainder thereof, but shall be confined in its opera-
11 tion to the clause, sentence, paragraph, subdivision, section or part
12 thereof directly involved in the controversy in which such judgment
13 shall have been rendered. It is hereby declared to be the intent of the
14 legislature that this act would have been enacted even if such invalid
15 provisions had not been included herein.
16 S 4. This act shall take effect immediately provided, however, that
17 the applicable effective date of Parts A through I of this act shall be
18 as specifically set forth in the last section of such Parts.
